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Home My WebLink AboutJUNE 15, 1987 MINUTES @f @it-ggirai" L3@El@l@ "WORLD'S LARGEST RESORT CITY" EYEM W@ERT E IEI-, &.h -Y . II-ER@ J.- L -1, 281 CI7 Y HALL BUILDING MUNICIPAL CE@R j VIRGINIA REACH, VIRGINIA 23456 9002 [8041 427-4303 VIRGINIA BEACH CITY COUNCIL AGENDA JUNE 15, 1987 ITEM I. COUNCIL SESSICN - @ererice 11:30 A.M. A. CIFY 1. RnplWnent of Professional to Inventory I-listoric Sites in Virginia Beach - odumil@ Barbara M. Henley ITEM II. INFO@ SESSION - conference Rom - 12:00 NooN A. CALL TO ORDER - Vice Mayor @yera E. @rndcrf B. @ CALL OF CXXIL C. NWION TO INTO SESSION ITIN III. E'O@ SESSION Cmmil. Chambers - 2:00 P.M. A. INVOCATICN: Reverend Jams C. Rittenhouse F'irst @ist Church B. PLEDGE OF @IANCE TO THE FIAG OF TfE UNITED STATES CF AMERICA C. ELBCTRONIC ROIL CALL CF CITY CoutuIL E. PRESENTATICNS 1. MISS @INIA BEACH Jemifer K. Johnson 2. CELEBRITY GUESTS Rita 1-brerio John hbsley Shipp Michael Greer F. 1. INFOMM and Fo@ SESSICNS - June 8, 1987 G. PUBUC 1. a. Application of Catholic Diocese of Ri C/0 Marion Mamr, Inc. for a Cbnditional Use Pennit for the housing for the elderly (hane for adults), 1250 feet south of Virginia Beach Boulevard, 350 feet @st of Clearfield Avenue (5345 Virginia Beach Boulevard), containing 1.82 acres, (Bayside Borough). Rec@ndation: b. Application of Jemifer J. Justice for a Cbnditiorial Use Permit for an bicycle rental, at the riorthea@t corner of Atlantic Avenue and 5th Street on @ts 1-6, Mock 3, (ocean Lot Irrvestment Ccrporation), cidntaining 1.05 acres, (Virginia Beach Borough) . Reccnutendation: AP@ c. Application of Southland Oorporation for a Cbrditional Use Pemit for an autcmcbile service station in conjunction with a convenie@e store, at the north@st corner of Sc)uth Indeperidence Boulevard and Bdwin Drive (4% South Independerr-e Bc)ulevard), containing 1.18 acres, (Kempsville Borough). Recamiendation: d. APPEAL FRCM DECISIONS Ct? STRA= CFFICERS for a varimce in regard to certain el@ts of the Subdivision ordinance for @ and @ley Andal., on the east side of Princess Anne lbad, 1040.29 feet south of Pocahontas Club fbad, (@o Borough). Rec ation: APP e. APPEAL FRCM DECISIONS CF AEMMSTRATIVE CFFICERS for a variance in regard to certain el@ts of @ SLibaivision ordinance for W. F. @ins, III, at the south@st corner of Witehurst Landing Poad @ North Sunland Drive (Kempsville Borough). Peccnmridation f. Application of Ra@ and Weezie DeLvis for a Chanqe of ZC)ning frcrn R-8 Residential District to 0-1 Offi e District, on the north@st side of Baxter lbad, 2bU feet more or less no@st of Kenley lbad (4794 Baxter RDad), containing 42, 253 square feet, (Kempsville Borough). Pec@ndati.on: @ g. Application of Willian Everett Tolson and F. T. Stant fbr a Chanqe of Zon .9 frctn R-6 Residential District to B-1 Business-pesidential District, on the east side of Princess Anne fbad, 28U teet SDuth of Green Nbad@ Drive, containing 42,907 square feet, (@sville Borough). Rec@r)dation: @ h. Application of the City of Vixginia Beach to AMM the Street and Hi@ Plan regarding the General Corridor Concept Pian map ElEment and other elements. Reccnmendation: APP H. IONS/ORDINANCE 1. lbsolution to the Virginia Department of Transportati- fx)r inclusion in the State's Six-Year INProv@ Program @t the folloAng projects: a. @litary Hig@y - Norfolk City Limits to (hesapeake r-ity Lirnits (si@lane Eultimte eight-lane] divided highvay - 1.63 mi). b. Landstown Fbad - Holland r@ to Princess Anne lbad (four-lane [future si@lanel divided high%uy - 1.14 mi). c. sc)uth Pla7,a @ail - Princess Anne lbad to Indeperderr-e Boulevard (four-lane divided highvay with separate bike trails - 4200 ft). d. SalEin lbad - Ferrell Parkway to Lynrihaven Par@y (six-lane divided high@y with bike trail - 2500 ft). 2. Pesolution of the (buncil of the City of Virginia Beach, Virginia, in conjurr-tion with al.1 the cities of Hampton RDads, relative Phase II of the study by the Covernor's ssion on Tr tion for the Twenty-First century (@21). 3. Crdinance upc)n FIRST READING to and REORDAIN Chapter 18 of the Code of the City of Virginia Beach by adding thereto a mw Section 18.89.5 pertaining to Business License Tax for Mail Order saies. I. CONSENT Al-1 matters listed under the ODnsent Pgenda are considered in the ordinary adurse of busiriess by City Cbuncil and will be enacted by one in the fon-n listed. If an item is r@ed frcm the Cbnsent Agenda, it will be discussed and voted upon separately. 1. ordin&ice authorizing the City Manager to execute a deed of vacation and quitclaiin vacating a 3.00' X 58.08' portion of a 20' drainage and Utility easement across property of Terry/Petersm Dev tim, Terry/Petersm As@iates, III, A Virginia General Partnership, and Terry/Peteram Associates IV, A Vi@ia General Partnership. 2. Crdinance to aulhorize and direct the City Manager to execlite a @ participaticn agr@ with Webster Stnith Associates. 3. ordinance to authorize and direct the City Manager to execute a aDst participatim agre with Goldie Assoc:Lates- 4. ordiliance to transfer $27,000 within the FY 86-87 Operatirig Budget of tbe Departmeirt of DaLta Processing for replac@t of OCKEPuter @P-t - 5. Crdinance to transfer $45,000 to Project #5-981 @ide--Diamond Spr@ Water and to award the @nstruction contract to Carter-Bell @rati-. 6. Crdinance to transfer $58,000 for the purpc)se of replacing a Pumper Tanker Truck for the Fire Department. 7. Crdinance appointing vi@s in the petition of Baker As tes for the closure of a portion of Hampsliire Vby, (Bayside Borough) . B. LCW BID to Hunt Oontr @ra@ in the ctnount of $298,157.50 for the relocation of Sanitary Sewer Pump Station 64A Bridge act (CIP 6-954) 9. ENS VEHICLE PEWT a. Central Virginia ance Service, ALS b. Children's Fbspital of the King's Daughters, ALS c. City of Chesapeake Fire/EMS, ALS d. Medical Transport, Inc., ALS e. NightingaLle Air AThulance, ALS f. Ncrfolk General Cardiac Diagnostic Unit, Advanced Life Support, ALS g. NDrfolk Paraniedical @scue Service, ALS h. Tidewater @ulance Service, ALS 10. crdinance author@ng license refunds in the amomt of $3,617.89. J. APPO 1. BOND REFE@ @TIEE 2. OCEAN LAKES FACT FINDING CCMI= 3. SOCIAL @VICES 4. VIRGINIA BEACH ITY DEVELOPMENR ODRPOPATION K. UW BUS L. NEW BUS M. AWOU@ JULY 61 1987 - CIP Wo P - 10:30 - AM 22 - Item V-E. 1 . MINUTES ITEM # 27579 Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of June 15, 1987 as corrected: Page 11, ITEM # 27532: Vice Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING ITEMS a. CATHOLIC DIOCESE OF RICHMOND, c/o MARION MANOR, INC. CONDITIONAL USE PERMIT b. JENNIFER J. JUSTICE CONDITIONAL USE PERMIT c. SOUTHLAND CORPORATION CONDITIONAL USE PERMIT d. NORMAN AND SHIRLEY ANDAL SUBDIVISION VARIANCE e. W. F. HUDGINS, III SUBDIVISION VARIANCE CORPORATION f. RAYMOND AND WEEZIE DAVIS CHANGE OF ZONING g. WILLIAM EVERETT TOLSON AND F. T. STANT CHANGE OF ZONING h. MASTER STREET AND HIGHWAY PLAN AMENDMENT Page 21, ITEM # 27539 Ordinance upon application of WILLIAM EVERETT TOLSON AND F. T. STANT for a Change of Zoning: "Go@eilwemai4 Councilman Baum inquired as to whether the City looked into the future when this land was taken." Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, John L. Perry and Vice Mayor Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Mayor Robert G. Jones and Nancy K. Parker Council Members Absent: None Mayor Jones and Councilwoman Parker ABSTAINED as they were not in attendance at the City Council Meeting of June 15, 1987. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 15, 1987 The INFORMAL SFSSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, June 15, 1987, at 11:50 A.M. Council Members Present: klbert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, John D. Moss and John L. Perry Council Members Absent: Mayor Robert G. Jones was attending the U S Conference of Mayors in Nashville, Tennessee. Councilwoman Nancy K. Parker was on vacation. - 2 - C I T Y C 0 U N C I L C 0 N C E R N S EMPLOYMENT OF A PROFESSIONAL TO INVENTORY HISTORIC SITES IN VIRGINIA BEACH ITEM # 27516 Councilwoman Henley referenced the situation regarding Historic Sites. The History of the area should be inventoried as well as Historic sites. At present, Councilwoman Henley was unaware of of any specific works relative the History of Princess Anne County and Virginia Beach. It had been suggested a section of the Central Library be relegated to local history. John Stewart has been petforming some of this work on his own since the celebration of the City's Twentieth Birthday in 1983. However, all of the historical works of the area should be compiled and accessed along with the Historic Sites to determine the gaps. As the landscape is changed, the ability to identify historical sites is lost. The landmarks are often not permanent. Councilwoman Henley suggested employment of a full-time professional to inventory Historic Sites in Virginia Beach. Not only from the prospective of the HISTORICAL REVIEW BOARD discussions, the City is possibly only a generation away from losing much of the history. There is an abundance of oral history as well, which would provide a great resource. Councilwoman McClanan had advised Barbara Ferguson, Planning Commissioner, after the presentation by the HISTORICAL REVIEW BOARD on June First, it might be advisable to compile a list of priorities relative the survey. Councilwoman Henley did not feel the City should get tied to just the physical part but does need a historian as well as someone who would be investigating the physical characteristics. Councilwoman McClanan believed the terminology was "Architectural Historians". Vice Mayor Oberndorf inquired as to whether State or City Law dictate a Request for Proposal (RFP) to examine the possibility of the City hiri-ng a professional just to document the Historical Site. This work could be continued by the HISTORICAL REVIEW BOARD and the PLANNING COMMISSION. The City Manager advised if the City were to contract with a State Agency i.e, Old Donation University or one of the other Colleges, the formal process might not be required, it would be a negotiation. The City Manager advised the City Attorney's Office and the Planning Department would like to make suggestions now that the presentation by the HISTORICAL REVIEW BOARD has been completed. Vice Mayor Oberndorf advised the Library some time ago had begun receiving oral histories from natives of this area. Councilwoman Henley advised a professional was needed to devote the time necesary to compile the history and verify same. Councilman Perry advised some of the greatest historical work has been performed by students in Colleges, especially William & Mary and ODU. Councilman Fentress requested the City Staff make recommendations relative co- ordination of these resources. Councilman Baum advised the sites inventoried should be considered as same are primarily on private property. This would be a public benefit that would be imposed on private ownership. Councilman Balko referenced the restoration of Colonial Williamsburg and the tremendous contributory funding by Rockefeller. The Colonial Williamsburg organization might be able to assist with some guidance. Councilwoman Henley requested the City Staff prepare recommendations and options relative the physical side with the historical sites and the broader picture involving a compilation of the history of the area. - 3 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 27517 Councilman Fentress referenced the HOMELESS IN VIRGINIA BEACH with particular emphasis on the Beach Borough. Councilman Fentress requested sponsoring Richard Powell, President of the Virginia Beach Christian Outreach Group, on the City Council Agenda of June 22, 1987. The Virginia Beach Christian Outreach Group perform ecumenical endeavors and is comprised of 22 churches by and for all faiths focusing on the HOMELESS. Councilman Fentress requested the City make a statement concerning how involved it might become. A facility is needed, even though, many individuals offer their services voluntarily. ITF14 # 27518 Councilman Fentress also requested a report be given to the City Council on the effectiveness of the 911 system, as there have been derogatory reports from other areas. The City Manager advised the new Enhanced 911 will be utlilized in the very immediate future with not only a printout of the phone number, but also a printout of the address. Councilwoman Henley advised the notice from CONTEL relative the new Enhanced 911 was not satisfactory as it referred to the City's charge four (4) times as a tax. It did not explain the benefits of the Enhanced 911. Councilwoman Henley also advised City Council had wished it stipulated the 45cts charge per month was to be reduced after the initial pay-back of the equipment. ITF14 # 27519 Councilman Fentress further referenced a letter dated June 15, 1987 from the City Manager and himself recommending the City Council adhere to City Code Section 2-20, and have regular meetings only on the first two (2) Mondays of July. ITEM # 27520 Councilman Heischober referenced a letter from Mr. William Miller of the Virginia Beach Restaurant Association relative TGIF, parties possibly on Mount Trashmore. Councilman Heischober also received a telephone call of concern from Mrs. Lillian DeVenny. Councilman Heischober and Councilwoman McClanan believed a complete description of the proposal relative TGIF should be presented to City Council. Councilwoman McClanan assured the residents of Windsor Woods, Windsor Oaks and surrounding areas were not in favor of this proposal. Councilwoman McClanan referenced the disturbances that occurred when movies were shown on Mount Trashmore some years ago. ITEM # 27521 Councilman Moss advised he wished to discuss at the next City Council Meeting, the Tidewater Builders Association Meeting of last Friday, June 12, 1987. - 4 - M A T T E R S B Y T H E V I C E M A Y 0 R ITEM # 27522 Vice Mayor Oberndorf expressed appreciation to Councilman Perry on behalf of the Members of the CONSTITUTION'S CELEBRATION COMMISSION. Councilman Perry accepted the invitation to attend their meeting. Vice Mayor Oberndorf had advised there was a new List of Speakers published with the names suggested by Councilman Perry with their addresses and phone numbers inserted. ITEM # 27523 Vice Mayor Oberndorf advised on Thursday, July 2, 1987, at 11:00 A.M., one hundred Petitioners shall take their Oath of Citizenship when a Naturalization Court is convened on the lawn of the Francis Land House. The CONSTITUTION'S CELEBRATION COMMISSION and the FRANCIS LAND CHAPTER, DAUGHTERS OF THE AMERICAN REVOLUTION, are sponsoring the Welcoming Ceremony. The guest speaker is Lillian M. Katz, President of the Lillian Vernon Corporation. Following the ceremony, there will be a Luncheon in Lillian M. Katz's honor at TANDOMIS PINE TREE INN. There will be a charge of $8.25 each for the Luncheon as the CONSTITUTION'S CELEBRATION COMMISSION has expended its budget. Vice Mayor Oberndorf extended an invitation to all Members of City Council. - 5 - ITEM # 27524 Vice Mayor Meyera Oberndorf entertained a motion to permit City Council to conduct its 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. 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. PUBLIC FUNDS INVESTMENT: The investigating of public funds where competition or bargaining is involved where if made public initially the financial interst of the governmental unit would be adversely affected . 4. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Specific items of business on the City Council Agenda that were discussed in Executive Session: III-G.l.c. Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 6 - F 0 R M A L 8 E S S I 0 N VIRGINIA BEACII CITY COUNCIL June 15, 1987 2:00 P.M. Vice Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, June 15, 1987 at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John D. Perry Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker INVOCATION: Reverend James C. Rittenhouse First Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 7 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item III-D.1 ITEM # 27525 Councilman Moss referenced an Ordinance authorizing the City Manager to execute a deed of vacation and quitclaim vacating a 3.00' X 58.081 portion of a 201 drainage and Utility easement across property of Terry/Peterson Development Corporation, Terry/Peterson Associates, III, A Virginia General Partnership, and Terry/Peterson Associates IV, A Virginia General Partnership. (See Item III-I.1 of the CONSENT AGENDA). This item will be pulled for a separate vote. Item III-D.2 ITEM # 27526 Councilwoman McClanan referenced an Ordinance to transfer $45,000 to Project #5-981 Bayside-Diamond Springs Water and to award the construction contract to Carter-Bell Corporation. (See item III-I-5 of the CONSENT AGENDA). Councilwoman McClanan advised she did not want this item pulled for a separate vote, but will be voting NAY and will explain to the Council Members her reasons for this action. Item III-D-3 ITEM # 27527 Councilwoman Henley referenced the application of the City of Virginia Beach to AMEND the Master Street and Highway Plan regarding the General Corridor Concept Plan Map Element and other elements. (See Item III-G.l.h of the PLANNING AGENDA). Councilwoman Henley requested William Cashman, Transportation Planner, present a BRIEFING relative the items to AMEND the Master Street and Highway Plan prior to the consideration by City Council. Item III-D-4 ITEM # 27528 Vice Mayor Oberndorf requested an item be added under UNFINISHED BUSINESS relative the SCHEDULING of an evening PUBLIC HEARING on the KEMPSVILLE/PRINCESS ANNE ROADS INTERSECTION (Proposed Interchange). BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council 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. 8 Item III-E.1 PRESENTATIONS ITEM # 27529 Vice Mayor Oberndorf recognized MISS VIRGINIA BEACH: Jennifer K. Johnson Miss Johnson is a graduate of Princess Anne High School, an Honor Student, in the top ten percent of her class, listed among Who's Who in the American High Schools, the National Science Olympiad, award in Chemistry, the Youth Fitness kward, Excellence in Drama, Magnu Cum Laud in Latin and outstanding achievement in Theatre. Miss Johnson plans to attend Old Dominion University. Miss Johnson plans to major in theater and minor in business and will be attending a Thespian School in Muncl-e, Indiana. Jennifer Johnson's parents, Ronald and Mary, were also in attendance and she was chaperoned by Polly Pierce. Vice Mayor Oberndorf presented Miss Johnson with a framed City Seal. 9 Item III-E.2 PRESENTATIONS ITEM 27530 Vice Mayor Oberndorf introduced the CELEBRITY GUFSTS: Rita Moreno John Wesley Shipp Michael Greer Rita Moreno starred in West Side Story, in the Electric Company, the Four Season and has won virtually every major award (Oscar, Emmy, Grammy,Tony). All stars will be participating in the Shakespeare By The Sea Fesitval. Miss Moreno will be starring in TAMING OF THE SHREW. Mr. Greer will be starring in MIDSUMMERIS NIGHT DRF.AM. The grandparents of John Wesley Shipp lived at the Beach, his father grew up in the area and his mother grew up in Norfolk. "Shipps Corner" is named for the family. John will portray Mark Anthony in JULIUS CAESAR. Vice Mayor Oberndorf presented each with a Jefferson Cup and a pin bearing the City Seal. - 10 - Item III-F.l. MINUTES ITEM # 27531 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of June 8, 1987. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker Item III-G.l.a-e PUBLIC HEARING PLANNING ITEM 27532 Vice Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING ITEMS a. CATHOLIC DIOCESE OF RICHMOND, c/o MARION MANOR, INC. CONDITIONAL USE PERMIT b. JENNIFER J. JUSTICE CONDITIONAL USE PEPd4IT c. SOUTHLAND CORPORATION CONDITIONAL USE PERMIT d. NORMAN AND SHIRLEY ANDAL SUBDIVISION VARIANCE e. W. F. HUDGINS, III SUBDIVISION VARIANCE CORPORATION f. RAYMOND AND WEEZIE DAVIS CHANGE OF ZONING g. WILLIAM TT TOLSON AND F. T. STANT CHANGE OF ZONING h. MASTER STREFT AND HIGHWAY PLAN AMENDMENT - 12 - Item III-G.l.a. PUBLIC HEARING PLANNING ITEM # 27533 Attorney Thomas Padrick, 3330 Pacific Avenue, Phone: 491-2100 Upon motion of Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of CATHOLIC DIOCESE OF RICHMOND, C/0 MARION MANOR, INC. for a Conditional Use Permit for housing for the elderly (home for adults). ORDINANCE UPON APPLICATION OF CATHOLIC DIOCESE OF RICHMOND, C/0 14ARION MANOR, INC., A VIRGINIA NON- PROFIT CORPORATION, FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR THE ELDELY (HOME FOR ADULTS) R06871049 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Catholic Diocese of Richmond, c/o Marion Manor, Inc., a Virginia Non- Profit Corporation, for a Conditional Use Permit for housing for the elderly (home for adults) on certain property located 1250 feet south of Virginia Beach Boulevard, 350 feet west of Clearfield Avenue. Said parcel is located at 5345 Virginia Beach Boulevard and contains 1.82 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. Automatic sprinkler system and an automatic fire alarm system meeting the approval of the City Fire Protection Engineer. 2. Paved access to the site form Clearfield Avenue must be provided. 3. The open space is to remain undeveloped. 4. Parking shall be reduced from 70-75 spaces to a level more consistent with the usage of said application. 5. Trees on the side shall be retained as a buffer and additional landscaping shall enhance the site. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of June, Nineteenth Hundred and Eighty-seven. - 13 - Item III-G.l.a PUBLIC HEARING PLANNING ITEM # 27533 (Continued) Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 14 - Item III-G.l.b PUBLIC HEARING PLANNING ITEM # 27534 Jennifer J. Justice, the applicant, represented herself Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of JENNIFER J. JUSTICE for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF JENNIFER J. JUSTICE FOR A CONDITIONAL USE PERMIT FOR A BICYCLE RENTAL IN CONNECTION WITH BEACH QUARTERS HOTEL R06871050 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jennifer J. Justice for a Conditional Use Permit for a Bicycle Rental in connection with Beach Quarters Hotel on certain property located at the northeast corner of Atlantic Avenue and 5th Street on Lots 1-6, Block 3, Ocean Lot Investment Corporation. Said parcel contains 1.05 acres. VIRGINIA BEACH BOROUGH. The following condition shall be required: 1. Approval is for a period of one (1) year. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of June, Nineteenth Hundred and Eighty-seven. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker 1 5 Item IIT-F.l.c PUBLIC REARING PLANNING ITEM # 27535 Gary Blair reprsented the applicant Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council DEFERRED until the City Council Meeting of July 6, 1987, an Ordinance upon application of SOUTHLAND CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE SOUTHLAND CORPORATION FOR A CONDITIONAL USE PE@IIT FOR AN AUTOMOBILE SERVICE STATION Ordinance upon application of The Southland Corporation for a Conditional Use Permit for an automobile service @tation in conjunction with a convenience store at the north@iest corner of South Independence Boulevard and Edwin Drive. Said parcel is located at 496 South Independence Boulevard and contains 1.18 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This DEFERRAL will enable response by the Staff concerning the time line when a decision is to be made as to the option chosen for the Constitution Fly-over and how it will impact on the aforementioned intersection. One of the options involves a taking of property at this intersection. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - i6 - Item III-G.l.d. PUBLIC HEARING PLANNING ITEM # 27536 Norman and Shirley Andal, the applicants, represented themselves Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council APPROVED an appeal from Decisions of Administrative Officers for a Variance in regard to certian elements of the Subdivision Ordinance for NORMAN AND SHIRLEY ANDAL. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Norman and Shirley Andal. Property is located on the east side of Princess Anne Road, 1040.29 feet south of Pocahontas Club Road. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. The following condition shall be required: 1. In accordance with the City's Master Street and Highway Plan, which calls for a four (4) lane undivided highway for Princess Anne Road, a dedication of variable width will be required along the frontage of this subdivision, thirty-three (33) feet from the centerline of the existing right-of- way for an ultimate 66-foot right-of-way. Approximately eight (8) feet of dedication is required. Councilwoman Henley advised there are existing already two lots. The two lots in the aforementioned application would change the configuration of the existing two lots. Lot 1A which is being created would contain the house and would be conforming in every fashion comprising 1.26 acres and 180 feet of road frontage. Lot 1B which is requiring the variance will be made up of an existing non-conforming lot which has 111 feet of road frontage, which is the deficiency. This existing non-conforming lot was created by an illegal subdivision in 1964. This present small lot would be combined with the rear portion of the existing property to make a total of 4.21 acres. This is acceptable since actually it entails improving an already exisiting non- conforming situation. Voting: 8-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: John D. Moss Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 17 - Item III-G.l.e. PUBLIC HEARING PLANNING ITEM # 27537 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and advised the three homes built on the three lots would be brick and compatible in appearance and value to all lots in the subdivision. Mildred Steadham, resident of the property adjoining the proposed Subdivision Variance, spoke in support of the application and advised said application will improve the neighborhood. OPPOSITION: Walter A. Schmidt, 5544 Homeward Drive, Phone: 420-6916, represented the Homestead Civic League and presented a petition containing 87 signatures in OPPOSITION from Homestead and Haven Heights. (Said petition is hereby made a part of the record). A MOTION was made by Councilman Moss, seconded by Councilwoman Henley to DENY an APPFAL FROM DECISIONS OF ADMINISTRATIVE OFFICERS for a variance in regard to certain elements of the Subdivision Ordinance for W. F. Hudgins, III, at the southwest corner of @Jhitehurst Landing Road and North Sunland Drive (Kempsville Borough). Upon SUBSTITUTE MOTION by Councilman Perry, seconded by Councilman Heischober, City Council APPROVED an APPEAL FROM DECISIONS OF ADMINISTRATIVE OFFICERS for a variance in regard to certain elements of the Subdivision Ordinance for W. F. Hudgins, III. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subidivision Ordinance, Subdivision for W. F. Hudgins, III. Property is located at the southwest corner of Whitehurst Landing Road and North Sunland Drive. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH The following conditions shall be required: 1. A five (5) foot right-of-way dedication is required along the frontage on Whitehurst Landing Road to provide for an ultimate 60-foot minimum collector right-of-way. 2. The three homes built on the three lots would be brick and compatible in appearance and value to all lots in the subdivision. 3. Further conditions may be required during the administration of applicable City Ordinances. - 18 - Item ITI-F.l.e. PUBLIC HEARING PLANNING ITF14 # 27537 (Continued) Voting: 5-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold lleischober and John L. Perry Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss and Vice Mayor Meyera E. Oberndorf Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 19 - Item III-G.l.f PUBLIC HEARING PLANNING ITEM # 27538 John Ambler, 1046 Laskin Road, Suite 14B, Phone: 491-9306, represented the prospective sellers and advised said property was a land-locked piece of property Frank F. Arness, 1157 South Military Highway (Chesapeake, Virginia), Phone: 420-8990, represented the real estate firms of Rodriguez Realty, Virginia Heritage, and St. George Realty, the prospective tenants of this application. OPPOSITION: LeRoy S. Gibson, 4518 Greyedge Drive, Phone: 490-8313 John Garrison, 4520 Greyedge Drive 490-4566 Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council DENIED an Ordinance upon applciation of RAYMOND AND WEEZIE DAVIS for a Change of Zoning: ORDINANCE UPON APPLICATION OF RAYMOND AND WEEZIE DAVIS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO 0-1 Ordinance upon application of Raymond and Weezie Davis for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office District on the Northwest side of Baxter Road, 250 feet more or less northeast of Kenley Road. Said parcel is located at 4794 Baxter Road and contains 42,253 square feet. Plats with more detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH Voting: 9-0 Council Members Voting Aye: Albert W. Balko,@ll John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker *Verbal Aye - 20 - Item III-G.l.g. PUBLIC HEARING PLANNING ITEM # 27539 Tim Barrow, Tim Barrow & Associates, 1928 Thunderbird Drive, Phone: 468-2717, represented the applicant and advised the property was bounded immediately to the northwest by an existing 7-11 and immediately to the west of that is the Woodtide Shopping Center. Four existing single-family homes bound the property at the rear with an existing 6-foot screened fence along the rear property lines. Negotiation has been undertaken with 7-11 to allow a cross easement to be developed if this property is rezoned B-1, which will thus permit access to the property from Princess Anne Road without necessitating the U-turn movements required under standard development patterns. Attorney F. T. Stant, the applicant, represented himself and advised the property is not feasible as a residential nor an office lot. A MOTION was made by Councilman Moss, seconded by Councilman Balko, to DENY an Ordinance upon application of William Everett Tolson and F. T. Stant for a Change of Zoning from R-6 Residential District to B-1 Business-Residential District, on the east side of Princess Anne Road, 280 feet South of Green Meadows Drive, containing 42,907 square feet, (Kempsville Borough). A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilman Perry to ADOPT an Ordinance upon application of William Everett Tolson and F. T. Stant for a Change of Zoning from R-6 Residential District to B-1 Business- Residential District, on the east side of Princess Anne Road, 280 feet South of Green Meadows Drive, containing 42,907 square feet, (Kempsville Borough). This application would be subject to buffering the east where the PD-HL back up to said property and to the south, the cross-easement shall come behind the 7- 11 subject to site plan review and there shall be no residential development. Voting: 4-5 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, and John L. Perry Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 21 - Item III-G.l.g.. PUBLIC HEARING PLANNING ITEM # 27539 Upon motion by Councilman Moss, seconded by Councilman Balko, City Council DENIED an Ordinance upon application of WIIJIAM EVERETT TOLSON AND F. T. STANT for a Change of Zoning: ORDINANCE UPON APPLICATION OF WILLIAM EVERETT TOLSON AND F. T. STANT FOR A CHANGE OF ZONING DISTRICT CLASSIFCATION FROM R-6 TO B-1 Ordinance upon application of William Everett Tolson and F. T. Stant for a Change of Zoning District Classification from R-6 Residential District to B-1 Business-Residential District on certain property located on the east side of Princess Anne Road, 280 feet south of Green Meadows Drive. Said parcel contains 42,907 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 6-3 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Harold Heischober and John L. Perry Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker Councilman Baum advised he was disturbed concerning highway acquisition. Were damages paid for upon acquisition and did the City assume the new street created additional value and created commercial property. Councilman Baum was advised the City paid $11 000 for the entire property of Tolson and Stant. Councilwoman Baum inquired as to whether the City looked into the future vihen this land was taken. Councilman Baum questioned whether the Comprehensive Plan addresses new highways and what should be located along them when said highways sever properties. Same should be a two step process. The City should, if damage is caused to said property, pay for the damages and advise the City Council that said damages have been paid. City Council should be advised relative the percentage of damages to the residue and whether the market value was paid for said taking. - 22 - Item III-G.l.h. PUBLIC HEARING PLANNING ITEM # 27540 The following spoke in OPPOSITION to the widening of Euclid Road: Issac W. Liverman, 4868 Wyandotte Road, Elizabeth Weast, 4844 Mandan Road, Phone: 499-2574 Boyd Swartz, 4904 Euclid Road, presented a petition containing over 250 signatures in OPPOSITION to the widening (Said petition is hereby made a part of the record). J. C. Miller, 4894 Euclid Road, Phone: 497-2758 Doris Miller, 4894 Euclid Road, Phone: 497-2758 Dorothy K. Couchman, 4908 Euclid Road, Phone 473-0656 Loretta Marshall, Ojibwa Lane, Phone: 467-6941 Timothy H. Duke, 4904 Mandan Road, Phone: 499-0329 Ernest R. Williams, 4889 Euclid Road, WAIVED his right to speak Robert Scott, Director of Planning, advised the items constitute completion of the third phase of a four phase process which was initiated with the MASTER STREET AND HIGHWAY PLAN STUDY by Harland Bartholomew & Associates. The first putting in place a major arterial system throughout the City. The second being to create a Master Street and Highway Plan document which collects the policies and the third phase (comprised of two parts) making adjustments as appropriate and instituting a supporting system of "Collector" streets. William Cashman, Transportation Planner, briefed City Council on the various amendments proposed to the 14ASTER STREET AND HIGHWAY PLAN. The purpose of Amendment 1 and 2 is to provide a major collector system through the Cleveland Street Corridor. This is an extremely busy area with increasing numbers of small businesses. Mr. Cashman advised he had informed Pocohontas Village residents who had inquired relative the amount of front yard takeage to measure 30 or 33 feet from the existing centerline to approximate the amount. There are two purposes for roads being included on the MASTER STREET AND HIGHWAY PLAN. The first purpose is to be assured a Corridor is available as development occurs and the second purpose is as a first cut of eligibility in the CAPITAL IMPROVEMENT PROGRAM. Relative the Euclid area, there is a potential for redevelopment. With reference to Amendment 3, originally this area called for the segment of Indian River to be removed from the Master Street and Highway Plan and only be a two-lane road. The Harland Bartholomew Study believed with the changes in the Kempsville Area, particularly with the changes to higher densities south, this segment of Indian River Road was needed. A large apartment complex has been under development on the northeast side of Indian River Road. Constrained by such development and the Lake Christopher subdivision on the southwest side, the most extensive improvement possible is four lane undivided sections as proposed and approved in the recent BOND REFERENDUM. This amendment would make the MASTER STREET AND HIGHWAY PLAN consistent with private devlopment and the 1986 BOND REFERENDUM PROJECT. With reference to Amendment 4, the Hiltop area is currently the busiest commercial center in the City. Relative Amendment 5, the western segment of this facility is currently improved. Extension to Baltic Avenue will ensure adequate access from the Resort Area to the Pavilion. Amendment 6, Buckner Boulevard was dedicated to the City as part of the Green Run Planned Unit Development. The right-of-way width is adequate to accommodate a 4-lane divided facility between Indepe,idence Boulevard and Rosemont Road. Amendments 7 and 8, these proposed major collectors would serve an area which will be severely restricted in its east-west traffic movements. Amendments 22 and 23 are to amend the map to more accurately depict planned realignments currently on file in the Office of the City Engineer. Amendment 24 comprises amendments to Sections III, IV and V and addition of Item VI of the Principals and Policies Element of the MASTER STREET AND HIGHWAY PLAN. - 23 - Item III-G.l.h. PUBLIC HEARING PLANNING ITEM # 27540 (Continued) Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council DEFERRED until the City Council Meeting of July 13, 1987, the following AMENDMENTS to the MASTER STREET AND HIGHWAY PLAN: 6. Add Buckner Boulevard from Independence Boulevard to Rosemeont Road as a 4 Lane Divided arterial, and from Rosemont Road to Holland Road as a 4 Lane Undivided with Bikeway major collector 7. Add Estates Drive from Dam Neck Road Extended to London Bridge Road as a 4 Lane Undivided major collector. 8. Add Culver Lane from General Booth Boulevard to Estates Drive as a 4 Lane Undivided major collector. 22. Realign Princess Anne Road in the area of Seaboard Road north of Pungo. 23. Realign Princess Anne Road in the area south of Pungo Ferry Road. 24. Sections III, IV and V of the Principals and Policies Element of the Master Street and Highway Plan be AMENDED: Relationship to Capital Improvement Program, Effect of Inclusion in the Master Street and Highway Plan, Major Right-of-Way Improvement Policy and Section VI be ADDED relative ACCESS. AND, DEFERRED until the City Council Meeting of August 10, 1987: 1. Add Euclid Road from Cleveland Street to Independence Boulevard as a 4 Lane Undivided major collector. 2. Add Dorsett Avenue from Cleveland Street to Virginia Beach Boulevard as a 4 Lane Undivided major collector. 3. Change Indian River Road from Ferrell Parkway to Indian Lakes Boulevard from a 4 Lane Divided with Bikeway major arterial to 4 Lane Undivided major collector. 4. Add the Hillltop loop as a 4 Lane Undivided major collector as follows. A. Village Drive from Laskin Road to Donna Boulevard. B. Donna Boulevard from First Colonial Road to Laskin Road. C. Hilltop Loop (currently Bonney Palace) from Laskin Road to First Colonial Road. 5. Add lgth Street from Birdneck Road to Baltic Avenue as a 4 Lane Undivided major collector. - 24 - Item III-G.l.h PUBLIC HEARING PLANNING ITEM # 27540 (Continued) Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker This DEFERRAL will enable the complete advertising of all the AMENDMMTS to the MASTER STREET AND HIGHWAY PLAN. As per the request of Councilmen Fentress and Perry, said MOTION will also include the City Staff investigating a possible alternative to the Euclid area. Councilman Moss advised he was requesting the City Staff to contact the residents of the Euclid neighborhood to arrange a Meeting of public comments. Said Meeting shall possibly be held at the Kempsville Recreation Center. Councilman Moss requested the Staff investigate, relative Euclid Road, the acquisition cost, price impact and serviceability if, in fact, the City did look at making a divided highway and creating a buffer of trees to the houses that back up to same. Councilman Moss requested the national statistics relative accidents on 4-lane undivided highways. Councilman Moss advised he was not in favor of 4-lane undivided major collectors in neighborhoods as a present policy. Perhaps a policy should be investigated in non-developed areas, the CitY utilize a 4-lane divided vs a 4-lane undivided highway. Vice Mayor Oberndorf suggested a WORKSHOP session with the City Staff discussing options and legal constraints. Mr. Cashman advised a 4-lane undivided can be installed with as little as a 60-foot right-of-way. A 4-lane divided at a minimum, under current standards, is 92 feet. Councilman Baum inquired relative major rural roads (particularly Princess Anne Road and Blackwater Road) if the City would require a substantial set-back. Even though growth is very modest, to allow people to build so close to the road eventually will lead to situations similar to Kempsville Road. Councilwoman Henley referenced the rural road set-back situation and advised it was her understanding, when requiring a set-back, the necessity for the widening is considered if it is on the Master Street and Highway Plan and the set-back is calculated from same. Robert Scott advised a centerline needed to be established in order to perform this procedure properly. Councilwoman Henley advised it would be beneficial to move ahead relative Princess Anne Road and determine where the ultimate center line would be and where the curbs eventually would come out. - 25 - Item III-H.l.a/d. RESOLUTIONS/ORDINANCE ITEM # 27541 Upon motion by Councilman Fentress, seconded by Cuncilman Heischober, City Council ADOPTED: Resolution to the Virginia Department of Transportation for inclusion in the State's Six-Year Improvement Program budget the following projects: Military Highway - Norfolk City Limits to Chesapeake City Limits (six-lane [ultimate eight- lane] divided highway - 1.63 mi). Landstown Road - Holland road to Princess Anne Road (four-lane [future six-lane] divided highway - 1.14 mi). South Plaza Trail - Princess Anne Road to Independence Boulevard (four-lane divided highway with separate bike trails - 4200 ft). Salem Road - Ferrell Parkway to Lynnhaven Parkway (six-lane divided highway with bike trail - 2500 ft). Councilwoman McClanan expressed concern relative all of these roads running in the same direction in the City. Councilwoman McClanan wished when discussion ensued concering the CIP, the South Plaza Trail section would be addressed. The City Manager advised if the City believed the funds were available, the State's 6-Year Plan could be adjusted. An item could be removed from the State's Six-year and another project suppleme,,ited. Councilwoman McClanan wished to be assured all four roads would not be ensued six-years from now. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker R E S 0 L U T I 0 N WHEREAS, The Virginia Department of Transportation h2S indiC2ted its willingness to initiate the improvement of Military Highw2y from the Norfolk city limits to the CheS2peake city limits within the City of Virginia Beach, and WHEREAS, the contemplated improvement is urgently needed and is in consonance with the Southe2stern Regional Master Transportation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Department of Transportation is hereby requested to program the construction of the improvement for a six-lane divided highW2y (of a future eight-lane facility) from (and including if necessary) the Wayside Bridge at the Norfolk city line, south to the present intersection of Military Highway and the Chesapeake city limits (to include appropriate transitions), a total distance of approximately 1.63 miles. BE 1T FURTHER RESOLVED, that the City of Virginia Beach does hereby 2gree to pay five percent (5@'.) of the construction cost, the engineering design, right-of-way acquisition, and utility relocation COsts 2nd adjustment of said project, according to Highw2y Department Policy, and the necessary funds will be appropriated for these purposes. AND BE IT FURTHER RESOLVED, that the City of Virginia Beach 2grees th2t if such project is established and Virginia Beach decides at any time not to proceed further with it, then, by this resolution, Virginia Beach agrees to reimburse the Highway Department for one hundred percent (100".) of the cost incurred for said project, up to the time of its abandonment. ADOPTED: June 15, 1987 R E S 0 L U T I 0 N WHEREAS, The Virginia Department of Transportation has indicated its willingness to initiate the improvement of Landstown Road from Holland Road to Princess Anne Road in the City of Virginia Beach, and WHEREAS, the contemplated improvement is urgently needed and is in consonance with the Southeastern Regional Master Transportation Plan, and the City of Virginia Beach Master Street and Highway Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Department of Transportation is hereby requested to program the construction of the improvement for a four-lane divided highway (of a future six-lane facility) from the intersection of Landstown Road at Holland Road westwardly to the present intersection of Landstown Road at Princess Anne Road, a total distance of approximately 1.14 miles. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay five percent (5'.') of the construction cost, the engineering design, right-of-way acquisition, and utility relocation costs and adjustment of said project, according to Highway Department Policy, and the necessary funds will be appropriated for these purposes. AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees that if such project is established and Virginia Beach decides at any time not to proceed further with it, then, by this resolution, Virginia Beach agrees to reimburse the Highway Department for one hundred percent (100@.') of the cost incurred for said project, up to the time of its abandonment. ADOPTED: June 15, 1987 R E S 0 L U T I 0 N WHEREAS, The Virginia Department of Transportation h2S indicated its willingness to initiate the improvement of South Plaza Trail from Princess Anne Road to Independence Boulevard in the City of Virginia Beach, and WHEREAS, the contemplated improvement is urgently needed and is in consonance with the Southe2stern Regional M2ster TranspOrt2tion Plan, and the City of Virginia Beach Master Street and Highway Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Th2t the Virginia Department of Transportation is hereby requested to program the construction of the improvement for 2 four-lane divided highway with 2 separ2te bike trail (of a future six-lane facility) from the intersection of South Plaza Trail at Independence Boulevard, southwardly on 2 new alignment to the present intersection of Providence R02d 2t Princess Anne Road, a total distance of approximately 4,200 feet. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay five percent (5'.') of the construction cost, the engineering design, right-of-way acquisition, and utility relocation costs and adjustment Of S2id project, 2ccording to Highw2y Department POliCy, 2nd the neceSS2ry funds will be appropriated for these purposes. AND BE IT FURTHER RESOLVED, th2t the City of Virginia Beach agrees that if such project is established 2nd Virginia Beach decides at any time not to proceed further with it, then, by this resolution, Virginia Beach agrees to reimburse the Highway Department for one hundred percent (100-) of the cost incurred for S2id project, up to the time of its ab2ndonment. ADOPTED: June 15, 1987 R E S 0 L U T I 0 N WHEREAS, The Virginia Department of Transportation has indicated its willingness to initiate the improvement of Salem Road from Ferrell Parkway to Lynnhaven Parkway in the City of Virginia Beach, and WHEREAS, the contemplated improvement is urgently needed and is in consonance with the Southeastern Regional Master Transportation Plan, and the City of Virginia Beach Master Street and Highway Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Department of Transportation is hereby requested to program the construction of the improvement for a six-lane divided highway (with a bike trail) from the intersection of Salem Road at Recreation Drive (future Lynnhaven Parkway) northwest to the proposed intersection of Salem Road and Ferrell Parkway as shown on plans entitled "Ferrell Parkway Phase IB" previously prepared for the City of Virginia Beach. The project limits as described are approximately 2,500 feet in length for reconstruction. HE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay five percent (5'.') of the construction cost, the engineering design, right-of-way acquisition, and utility relocation costs and adjustment of said project, according to Highway Department Policy, and the necessary funds will be appropriated for these purposes. AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees that if such project is eSt2blished and Virgini2 Beach decides 2t any time not to proceed further with it, then, by this resolution, Virginia Beach agrees to reimburse the HighW2y Department for one hundred percent (100'.') of the cost incurred for said project, up to the time of its 2bandonment. ADOPTED: June 15, 1987 - 26 - Item III-H.2. RESOLUTIONS/ORDINANCES ITEM # 27542 The City Manager advised of the following grammatical corrections: In the fifth Paragraph, Section 1, The words "That is hereby... " should be "That it hereby... " The words " ... the following three options should be the " ... the following four options... " Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED, as GRAMKATICALLY CORRECTED: Resolution of the Council of the City of Virginia Beach, Virginia, in conjunction with all the cities of Hampton Roads, relative Phase II of the study by the Governor's Commission on Transportation for the Twenty-First Century (COT-21). Councilman Moss requested the forwarding letter accompanying the Resolution communicate the City Council was not in favor of a Regional Taxing Authority. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 26a - A RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN CONJUNCTION WITH ALL THE CITIES OF HAMPTON ROADS, RELATIVE TO PHASE II OF THE STUDY BY THE GOVERNOR'S COMMISSION ON TRANSPORTATION FOR THE TWENTY-FIRST CENTURY. WHEREAS, the Governor's Commission on Transportation in the Twenty-First Century is charged with studying the Commonwealth's transportation needs and making recommenda- tions aimed at meeting those needs; and WHEREAS, the stated objectives of the Phase II study to be conducted by the Commission include examination of innovative financing techniques which could be made available to local governments for meeting both intrajurisdictional and interjurisdictional transportation needs; determination of whether local units of government should be granted additional authority for controlling local transportation networks; and exploring ways for improving cooperation between the new Virginia Department of Transportation and local governments within the Commonwealth; and WHEREAS, the Commission has concluded a series of public hearings on Phase II of its study in order to solicit participation and receive testimony of interested parties including local goverrlments; and WHEREAS, the cities of Hampton Roads have cooperatively and actively participated in the work of the Commission. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach: 1. That it hereby endorses and supports as priorities the following four options, as previously identified by the Governor's commission on Transportation, that should be enacted to permit localities to augment State transportation revenues: A. Impact Fees B. Regional Tax C. Additional Bonding Authority D. Recordation or Transfer Fee 2. That local governments be granted additional authority for controlling local transportation networks; specifically, the cities of Hampton Roads advocate that cities be allowed to administer, through intergoverrimental agreements, high-priority urban construction projects within their boundaries. Such agreements should include provisions for preliminary engineering, corridor determination, design right-of-way acquisition, and inspection. 3. That in order to further improve cooperation between the new Virginia Department of Transportation and local governments, it is recommended that there be an increase in decentralization and local department office discretion in order to substantially reduce response time between VDOT and local goverrunents. 4. That in order to reduce overall roadway project cost, advanced right-of-way acquisition for roadway projects cost, advanced right-of-way acquisition for roadway projects on the six-year program and/or projects of a regional nature should be allocated where a need is identified by the jurisdiction. Adopted by the City Council of Virginia Beach, Virginia, the 15th day of June, 1987. - 27 - Item III-H-3- RESOLUTIONS/ORDINANCES ITEi4 # 27543 Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council APPROVED upon FIRST RFADING: Ordinance to AMEND and REORDAIN Chapter 18 of the Code of the City of Virginia Beach by adding thereto a new Section 18-89.5 pertaining to Business License Tax for Mail Order Sales. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 27a - A,N ORDINANCE TO AMEND AND REORDAIN CHAPTER 18 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING THERETO A NEW SECTION 18-89.5 PERTAINING TO BUSINESS LICENSE TAX FOR MAIL ORDER SALES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BFACH, VTRGINIA, that Chapter 18 of the Code of the City of Virginia Beach is hereby amended and reordained by adding thereto a new Section 18-89.5 as follows: Sec. 18-89.5 Mail Order Sales Every person engaged in the business of a mail order warehouse distri- bution center (other than manufacturers), who advertises his products by use of circulars or catalogs which are mailed to his customers, and who receives orders in this City and who ships or mails all such orders from this City directly to his customers shall pay a license tax equal to the greater of $30.00 or the following: 1. Twenty one hundredths of one percent of the gross receipts up to $40,000,000.00, plus 2. Ten one hundredths of one percent of the gross receipts between $40,000,000.01 and $60,000,000.00, plus 3. Five one hundredths of one percent of the gross receipts between $60,000,000.01 and $100,000,000.00, plus 4. Two and one half one hundredths of one percent of the gross receipts in excess of $100,000,000.00. This ordinance shall be in effect July 1, 1987. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1987. FIRST READING: June 15, 1987 SECOND READING: KAR/1 ORD30 - 28 - Item III-I. CONSENT AGENDA ITEM # 27544 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council APPROVED in ONE MOTION Items 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the CONSENT AGENDA. Item III-I.l. was voted upon separately. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan," John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry* Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker "Councilwoman McClanan and Councilman Perry VOTED A VERBAL NAY on Item III-I-5 of the CONSENT AGENDA. - 29 - Item III-I.l. CONSENT AGENDA ITEM # 27545 Councilman Moss advised the applicant had submitted one site plan to the Planning Staff and then he modified his site plan without notification to anyone. Even though, there are no civic penalities for not complying with one site plan, this individual made a change in the site plan and now is requesting the City to rectify the error, Councilman Moss advised he was voting NAY on this particular item. The inspection process should be more stringent involving matters of this nature. Perhaps, the legislative package should include i.e. Fairfax County, Civil Penalities for zoning violations. Councilwoman McClanan advised this was similar to the variances before the Board of Zoning Appeals. Upon motion by Councilman Baum, seconded by Councilman Perry, City Council ADOPTED: Ordinance authorizing the City Manager to execute a deed of vacation and quitclaim vacating a 3.00' x 58-081 portion of a 201 drainage and Utility easement across property of Terry/Peterson Development Corporation, Terry/Peterson Associates, III, A Virginia General Partnership, and Terry/Peterson Associates IV, A Virginia General Partnership. Voting: 5-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober and John L. Perry Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 29a AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF VACATION AND QUITCLAIM VACATING A 3.00' X 58.081 PORTION OF A 201 DRAINAGE AND UTILITY EASEMENT ACROSS PROPERTY OF TERRY/PETERSON DEVELOPMENT CORPORATION, TERRY/PETERSON ASSOCIATES, iii, A VIRGINIA GENERAL PARTNERSHIP, AND TERRY/PETERSON ASSOCIATES IV, A VIRGINIA GENERAL PARTNERSHIP WHEREAS, Terry/Peterson Development Corporation, a Virginia corporation, Terry/Peterson Associates, III, a Virginia general partnership, and Terry/Peterson Associates, IV, a Virginia general partnership, (hereinafter "Owners") are the fee simple owners of those certain parcels of land designated as Parcels 1, 2, 3, and 4 on that certain plat entitled "PLAT SHOWING VACATION OF A PORTION OF 201 DRAINAGE AND UTILITY EASEMENT FOR TERRY/ PETERSON DEVELOPMENT CORPORATION A VIRGINIA CORPORATION, TERRY/PETERSON ASSOCIATES, III A VIRGINIA GENERAL PARTNERSHIP AND TERRY/PETERSON ASSOCIATES, IV A VIRGINIA GENERAL PARTNERSHIP D.B. 2392 PG. 2186 BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA,,, dated August 25, 1986, a reduced copy of which is attached hereto as Exhibit IIA;ll and WHEREAS, by plat dated May 16, 1971, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 96, at Page 4, Owners- predecessor in title conveyed to the City of Virginia Beach several utilities and drainage easements, including a 201 utility and drainage easement along the northern property line of Parcel 1 for the installation and/or maintenance of utilities and drainage facilities; and WHEREAS, Owners have requested that the City vacate a 3.001 x 58.081 portion of the said 201 drainage and utility easement, as shown as the shaded area on attached Exhibit "A,ll (hereinafter referred to as the "Portion of the Easement to be Vacated"); and WHEREAS, it has been determined by the Departments of Public Works and Public Utilities that the Portion of the Easement to be Vacated is in excess of the needs of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 1. That the Portion of the Easement to be Vacated is in excess of the needs of the city of Virginia Beach and is hereby vacated; and 2. That the City Manager is hereby authorized to execute a Deed of Vacation and Quitclaim between the City of Virginia Beach and owners, releasing the City's interest in the Portion of the Easement to be Vacated, a copy of which is attached hereto and made a part hereof as Exhibit "B." Adopted by the Council of the City of Virginia Beach, Virginia, on this 1 5 day of June 198ri.7 RCP/cb 9/19/86 (C) To APP@(DV@L) 'E,3 ccl@@@'@@@,@,@",@- iv 2 ,/ EXHIBIT "A" EXHIBIT "B" THIS DEED OF VACATION AND QTJITCLAIM, Made this 2nd day of December, 1986, by and between the CITY OF VIRGINIA BEACH, a municipal corporation f the Commonwealth of Virginia, party of the first part, and Terry/Peterson Development Corporation, a Virginia Corporation, Terry/Peterson Associates III, A Virginia General Partnership, and Terry/Peterson Associates, IV, A Virginia General Partnership, 1520 Stonemoss Court, Virginia Beach, Virginia 23462, parties of the second part. WITNESSETH: That for and ii-' consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which are hereby acknowledged, the party of the first part hereby releases, vacates, and forever QUITCLAI@IS unto the party of the second part of all of its right, title, and interest, if any, in and to the following described property: All that certain parcel of Property designated as '13.00, x 58.08, Portion of 20' Drain.ge and Utility Easement (M.B. 96, pg. 4) Hereby Vacated, 174 Sq. Ft. or 0.004 Ac.'- s sho,,n on that certain Plat entitled "Plat showing Vacation by the City of Virginia Beach, Virginia of a Portion of 201 Drainage and Utility Easement for Terry/Peterson Development Corporation, A Virginia Corporation, Terry/Peterson Associates III, A Virginia General Partnership, Terry/Peterson Associates IV, A Virginia General Partnersl,ip, D.B. 2392 Pg. 2186 Bayside Borough Virginia Beach, Virginia, Scale: 1"-50'," prepared by Langley and McDonald, and duly recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book at Page to which reference is made ep for a more particular description. SAVE AND EY(@@-PT ALL other easements dedicated to the City of Virginia Beach, as referenced on tlie aforesaid plat, not herein or hei--etofore released. o@ This conveyance is made subject to conditions, restrictions, easements, and reservations of record in the claim of title, if any, constituting constructive notice thereof. 1N WITNESS WHEREOF, the City of Virginia Beach has caused its name to be signed by its City Manager and its seal to be affixed and attested to by its City Clerl,, and said action was authorized by an ordinance adopted by the Council of the City of Virginia Beach, at a meeting duly called and held on the day of 1986. CITY OF VIRGINIA BEACH By APPR -Gi@ Xgnager UVED TO CONTii,. (SEAL) SIGNATURE ATTEST: City Clerk EPARTMENT APPP-OVED AS To LEGAL STATE OF VIRGINIA SUFFICIENCY A@D FORM CITY OF VIRGINIA BEACH, to wit: 1, a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. KUEIJLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, for the City of Virginia Beach, whose names are signed to the foregoing Deed of Vacation and Quitclaim, have acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 198-. Notary Public My Commission Expires: - 30 - Item III-I.2 CONSENT AGENDA ITEM # 27546 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to authorize and direct the City Manager to execute a cost participation agreement with Webster Smith Associates. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 30a - AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH WEBSTER SMITH ASSOCIATES WHEREAS, Webster Smith Associates is developing certain property in the Lynnhaven Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, in order for the developer to provide sewer service to this project, it is necessary for the developer to construct certain sewer facilities, and WHEREAS, the city has requested that such construction be greater in scope than is necessary to provide service to this project, and WHEREAS, such construction is beyond the scope of the developer's project but will provide for future city needs and will prevent the city from incurring additional costs at a later date, and WHEREAS, the city desires to enter into a cost participation agreement with the city's share of the costs at $10,300 with such costs to be charged to capital project 6-935 Broad Bay Colony. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to enter into a cost participation agreement with Webster Smith Associates for construction of certain sewer facilities. Said proposed agreement is hereby approved and attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the June day of 1987. ,@GN A f J@ ORM CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (SEWER) THIS AGREEMENT, Made this --39lh day of 1987, by and betweeti -- WEBSTER SMITH ASSOCIATES hereinafter referred to EiE. "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City". WHEREAS, Owner is seized in fee simple of 2-191 arr@q - and known as Bay lslani Qi,ay WHEREAS, Owner is desirous of impt-oving the Project in accordance with the t2rMS and conditions of the City ordinances and agrels to conform to said ordinances; and WHEREAS, in order for OwriLr to provide sewer servicl to this Project, it is necessary for Owner to consti-uct ce?rtdin sewer facilities; and WHEREAS, the City has r@,questL-d that such construction be greater in scope than is necessary to provide sei-vice to thi5 Project; and WHEREAS, such construction is of value to the City in providing service to cu5tomers othlr than those witt)in the Project liniits; NOW, THEREFORE, in consideration of the mutual promises and benlfits accruing hereto, thL@ parties agree that: 1. Owner shall construct a sewer system (hei-einafter thL "System") according to plans and specifications approved by the Departatent of Public LJtilities, a copy of which is on fill with the Depai-tment. 2. The City sliall make cash paymlnt to OwnL-r in the amount of $- $10,300,00 after successful completion of th2 System and acceptance therlof by the City in accordance with approved plans. I 3. The City shall have the right at any time to make, connect, or pL@rmit the connection of any other sewer faciiity to the System. Any such connection may be at any point, and the City shall have the right at any tiine to use the System to 5erve persons within and without the Project limits. 4. Upon successful completion of the Systein and acceptance thereof by the City, Un2r hereby agrees that the Systool, includinq but not limited to 5ewer connections, sewer mains, laterals, pipe5, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of thL City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatevlr nature arising out of the design, approval, constrLiction and/or installation of thL, Sy5tem. In the event any claim is made against the City, either independeiitly or jointly with Owner, lessee, or purchaser an account hereof, the Owner at its sole cost shall defend ttle City against such claims. 6. This AgrL-einent shall inure to ttie benefit of and be binding upon the parties hereto aiid their respective heirs, successors and assigns. 7. Upon exlcution of this Agreemeiit, it shall be recordld by thE! City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at OwtiLr's explnse. 2 IN WITNESS WHEREOF, the parties hereto have executed and sealld this Agreement as of the day and year first above written. CITY OF VIRGINIA BENCH, VIROINI@ y b@ (City Manager) DATE ATTEST: (SEAL) City Clerk BY- DATE ATI@EST: (SEAL) APPROVED AS TO CZNTENTS: D.p.@ ilities APPROVED AS TO FORM: CERTIFIED AS TO AVAILABILITY OF FUNDS: Department of Finance 3 STATE 0 CITY OF 1, 1-@. I a Notary Public in and for the City and State aforesaid, do hereby certify that PrLsident respectively, of e names are signed to the wt-iting above, bearing date of havl- acknowledged the same beforl ME! in my City and State aforesaid. Given under my hand this g,, day of 1987. My Commission Expires Notary Pu STATE OF VIRGINIA CITY OF VIRGIIIIA BEACH, to-wit: The foregoing instrument was acknowledged before me by and Ruth Hodges Smith, the City Manager and City Clerk, resplctively, of the City of Virginia Beach, this day of 19B7. Notary Public My Commi5sion Expires: 1/87 - 31 - Item III-I-3 CONSENT AGENDA ITEM # 27547 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to authorize and direct the City Manager to execute a cost participation agreement with Goldie Associates. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker 31a - AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH GOLDIE ASSOCIATES 0 V4 AS, Goldie Associates is developing certain property in the Princess Anne Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, in order for the developer to provide sewer service to this project, it is necessary for the developer to construct certain sewer facilities, and WHEREAS, the city has requested that the developer oversize the sewer system to provide gravity sanitary system to the surrounding area, and WHEREAS, such construction is beyond the scope of the developer's project but will provide for future city needs and will prevent the city from incurring additional costs at a later date, and WHEREAS, the city desires to enter into a cost participation agreement with the city's share of the costs at $17,665 with such costs to be charged to capital project 6-316 various sewer Projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to enter into a cost participation agreement with Goldie Associates for construction of certain sewer facilities. Said proposed agreement is hereby approved and attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the - 15 day of June , 1987. CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (SEWER) THIS AGREEMENT, Made this __2__ day of _OALC-b__, 1987. by and between Goldie Associates hereinafter referrea to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City'. W-iEREAS, Owner is seized in fee simpIL- Of Seventeen Thousand Six Hundred Sixty Five and No 100 Dollar,-, WIEREAS, Owner is desirous of improving the Project in accordance -ith the @lerms and conditions of the City ordinances and agrees to conform to said ordinances; and Wi@-REAS, in order for Owner to provide sewer service to this Project, @t is nc:essary for Owner to construct certain sewer facilities; and 6-iEREAS, the City has requested that such construction be greater in s4ope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in providing se,-Yice to customers other than those within the Project licits; NOW, THEREFORE, in consideration of the mutual promises and benefits azc,uing hereto, the parties agree that: 1. C.ner shall construct a sewer system (hereinafter the 'System") according to plans and specifications approved by the Department of Public "tilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of 1 7 , 6 6 5 . 00 after successful completion of the cys-em anZ acceptance thereof by the City in accordance with approved plans. 3. The City shall have the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. L)pon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, inclucinc but not lim-ited to se.er connections, 5ewer mains, laterals, pipes, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harwless from any and all liability of whatever nature arising out of the design, approval, construc:tion and/or installation of the System. In the event any claim is made against the City, either independently or jointly w@-th O@ner, lessee, or purchaser an account hereof, the Owner at its sole cost shall defend the City against such claims. 6. This Agreement shall inure to the benefit of a@ be binding upon the parties hereto and their respective heirs, successors and assigns. 7. Upon execution of this Agreement, it shall te recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at Owner's expense. 2 IN WITTESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA )BY (City Manager) DATE ATTEST: Suzanne Goldsticker (SEAL) City Clerk W@lliam Goldsticker By P. @side..t Gei s DATE ATTEST: -(SEAL) Secretary APPROVED AS TO COt%'TENTS: / . -@ - 7 Dep'artment of Pubfic Utilifie@ APPROVED AS TO FOP.M: City At @ney@@off I CERTIFIED AS TO A@AILABILITY OF FUNDS: @ b 'p@ Department of Finance 3 STATE C)F Virginia CITY OF Virginia Beach 1, Diina M. Be a Notary Public in and for the City and State aforesaid, do hereby certify th,t Suzannc@ ColdstickLr and William Goldsticker , President and Secretary, respectively, of Goldie associates - whose names are signed to the writing above, bearing date of March 9, 1987 have ackno.ledged the same before me in my I C: ity and O,tate aforesaid. Given under my hand this 9th day of Maroh 198?. my Commission Expires 5 - 1 8 - 90 STATE UF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by and Ruth Hodges Smith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this day of 1987. Notary Public My Coirmission Expires: 1/87 4 - 32 - Item III-I.4 CONSENT AGENDA ITEM # 27548 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to transfer $27,000 within the YY 86-87 Operating Budget of the Department of Data Processing for replacement of Computer Equipment. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 32a - AN ORDINANCE TO TRANSFER $27,000 WITHIN THE FY 86-87 OPERATING BIUDGET OF THE DEPARTMENT OF DATA PROCESSING FOR REPLACEMENT OF COMPUTER EQIUIPMENT WHERFAS, the Department of Data Processing provides terminals and other related equipment to city departments which require access to the mainfratne computer, and WHEREAS, when the cost of maintenance contracts or repairs to obsolete equipment exceeds the purchase price of new equipment, the Department of Data Processing, in accordance with its major departmental objectives, requests the replacement of such equipment, and WHEREAS, the Department of Data Processing is recommending the replacement of $27,000 of obsolete equipment consisting of fourteen (14) terminals, two (2) printers, and one (1) controller which have been identified as being too costly to repair, and WHEREAS, the Department of Data Processing has accumulated $27,000 from terminated maintenance contracts, which may be transferred for the acquisition of the equipment identified for replacement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds totaling $27,000 be transferred within the operating budget of the Department of Data Processing for the replacement of computer equipment. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, this 15 day of June 1987. APPROVED AS TO CONTENT SIGNATURt DEF \R-@,,AENT API F 1, SWJITY BTER.ORD - 33 - Item III-I.5 CONSENT AGENDA ITEM # 27549 Councilwoman McClanan advised because of the complaints received reference CARTER-BELL, she was voting NAY on the Ordinance. CARTER-BELL had the Gatewood Park Project on London Bridge. The particular portion on Potters Road is in disrepair as a result of their construction, numerous complaints were also received by Councilwoman McClanan relative the aforementioned company's work and their comments to the residents. Gary Jones, Assistant Director of Public Utilities, advised there was most certainly problems with the Gatewood Park Project and some of the problems were under the control of the Contractor. The Contractor had to work under some very tight time restrictions. A deep sewer is slow going. Complaints were presented to the Contractor and he responded to same. Other contracts that CARTER-BEIJ, has performed recently have been most positive. With further reference to the Gatewood Project, CARTER BELL's obligation has been completed. The City's paving contractor is scheduled to overlay the entire street. Gary Jones believed the paving would entail both London Bridge Road and Potters Road. Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to transfer $45,000 to Project #5-981 Bayside-Diamond Springs Water and to award the construction contract to Carter-Bell Corporation. Voting: 7-2 Council Members Voting Aye: Albert W. Balko, John A. Bauiq, Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss and Vice Mayor Meyera E. Oberndorf Council Members Voting Nay: Reba S. McClanan and and John L. Perry* Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker *Verbal Vote - 33a - AN ORDINANCE TO TRANSFER $45,000 TO PROJECT #5-981 BAYSIDE-DIAMOND SPRINGS WATER AND TO AWARD THE CONSTRUCTION CONTRACT TO CARTER-BELL CORPORATION WHEREAS, bids were recently received for the Bayside-Diamond Springs water project (#5-981) to provide a second feed to the Diamond Springs residential area, and WHEREAS, water lines designed to serve a portion of the Bayside-Diamond Springs area were previously installed in conjunction with work on the Lake Smith/Shell Road project (#5-838) with costs paid out of project #5-981, and WHERF-AS, the current scope and cost estimate for the Bayside-Diamond Springs water project did not reflect the work already done resulting in the need to transfer $45,000 into the project account to cover the cost of construction plus contingencies for the remainder of the project, and WHEREAS, the funds needed may be transferred from Albertas Drive/Congress Street Sewer (#6-953) since this project is completed and has surplus funds. NOW THEREFORE BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $45,000 are hereby transferred to project #5-981 Bayside-Diamond Springs to cover construction costs for the installation of water lines. BE IT FURTHER ORDAINED that the construction contract is hereby awarded to the low bidder, Carter-Bell Corporation, for the bid amount. Tbis ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 day of June 1987. APPROVED AS TO CONTENT SIEN,,iJ-RE DEFARTMENT fill [y - 34 - Item III-I.6 CONSENT AGENDA ITEM # 27550 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to transfer $58,000 for the purpose of replacing a Pumper Tanker Truck for the Fire Department. Voting; 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 34a - AN ORDINANCE TO TRANSFER $58,000 FOR THE PURPOSE OF REPLACING A PUMPER TANKER TRUCK FOR THE FIRE DEPARTMENT WHEREAS, funds in the amount of $200,000 were budgeted for the replacement of the Pumper Tanker truck assigned to the London Bridge fire station during the fiscal year 1986-87, and WHEREAS, during procurement bidding for this Pumper Tanker, it was determined that an additional $58,000 would be required to accept the low bid of $258,000, and WHEREAS, the additional funding needed is available from estimated surplus in the automotive maintenance account of the Fire Department. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that appropriations of $58,000 be tranferred within the Fire Department's Fiscal Year 1986-87 Operating Budget to provide additional funds for the purchase of a Pumper Tanker truck. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 day of June , 1987. This ordinance shall be effective from the date of its adoption. APPr@OVED AS TO CONTENT SICNACURE DEPARIM'INT ED AS F PIV - 35 - Item III-I.7 CONSENT AGENDA ITEM # 27551 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance appointing viewers in the petition of Baker Newtown Associates for the closure of a portion of Hampshire Way, (Bayside Borough). The Viewers are: David Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Robert Scott Director of Planning Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker 35a - ORDINANCE APPOINTING VIEWERS WHEREAS, Baker Newtown Associates has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 15th day of June, 1987, apply to the City Council of the City of V@Lrginia Beach, Virginia, for the appointment of viewers to view the below-described property and report in writing to the Council whether, in the opinion of said viewers, any, and if any, what inconvenience would result from a discontinuance of the hereinafter described portion of that certain street of variable width, as filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia, that C. Oral rt, Jr. Robert Scott and -David Grochmal are hereby appointed to view the below-described property and report in writing to the Council, as soon as possible, whether, in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point on the Southwestern side of Newtown Road at the intersection of Parcel 3 and a Portion of Hampshire Way To Be Vacated as shown on the plat as described below and from said point of beginning along a curve to the left having a radius of 1,641.88', an arc distance of 35.391 to a point! thence along a curve to the left, having a radius of 20.001, an arc distance of 34.701, to a point; thence North 63 degrees, 441, 17" west, 191.45' to a point; thence along a curve to the left, having a radius of 20.00', an arc distance of 33.50' to a point on the Eastern side of Hampshire Lane, as shown on said plat; thence along a curve to the right, having a radius of 20.00', an arc distance of 36.591, to a point; thence South 54 degrees, 261, 23" East, 187.421, to a point; thence along a curve to the right, having a radius of 20.001, an arc distance of 31.881, to the point or place of beginning. (Said parcel containing 0.104 acres.) All of the above as shown on that certain plat entitled "Plat Showing Portion of Hampshire way to be Vacated, Bayside Borough - Virginia Beach, Virginia; scale 1" = 401, April, 1987, made by Basgier and Associates", which plat is attached hereto, made a part hereof, and intended to be recorded with the ordinance closing the aforedescribed street. ANI).FRSON AND PADRRCH AT@O.-E@S A.0 COUNSEII.R@ @T L- C@RTE@ ...NDERSO-,J-. BEACH TowER SUITE 500 ..T.O.@S P@ORIC.,JR. 3330 PACIFIC AVENUE JO.. S. NORR-S, JR. P.0,BOXI626 .IL- FRA@@I.N ViRoiNiA BEAcH,ViRoiNiA 23451 WIILI.. T.O..S, J@. @IRGI.IA L.COC.-@- E.T. BUC.@N@., M J@..@. L. R.SE..L-T ICTORIA L.@.ITC TELEI..@E IA.E. @..I.CLAIR CERTIFICATE OF VESTING OF TITLE I, H. Thomas Padrick, Jr., Attorney for Baker Newtown Associates, to hereby certify that: 1. I am an attorney at law and represent Baker Newtown Associates, the Petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Baker Newtown Associates, the only adjacent landowner. The said property referred to herein is hereby described as follows: Beginning at a point on the Southwestern side of Newtown Road at the intersection of Parcel 3 and a Portion of Hampshire Way To Be Vacated as shown on the plat as described below and from said point of beginning along a curve to ttie left having a radius of 1,641.881, an arc distance of 35.39' to a point; thence along a curve to the left, having a radius of 20.001, an arc distance of 34.70', to a point; thence North 63 degrees, 441, 17" West, 191.451 to a point; thence along a curve to the left, having a radius of 20.001, an arc distance of 33.50' to a point on the Eastern side of Hampshire Lane, as shown on said plat; thence along a curve to the right, having a radius of 20.00', an arc distance of 36.59', to a point; thence South 54 degrees, 261, 23" East, 187.42', to a point; thence along a curve to the right, having a radius of 20.00', an arc distance of 31.881, to the point or place of beginning. (Said parcel containing 0.104 acres.) Very truly yoxrs, i@ rb4@@ H. Thomas Padrick, Jr. HTP/cv AFFIDAVIT STATE OF VIRGINIA; CITY OF VIRGINIA BEACH, to wit: I, H. Thomas Padrick, Jr., attorney for Baker Newtown Associates, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent Baker Newtown Associates. 2. That on the 24th day of May, 1987, and on the 31st dly of May, 1987, notice of the presenting of the application to close a portion of that certain street known as Hampshire Way )n behalf of Baker Newtown Associates was published in the Beacon a newspaper of general circulation in the City of Virginia Beach Virginia. And, further, the deponent saith no H. Thom Jr. Subscribed and sworn to before me this day of June, 1987. Notar My commission expires: /-6-170 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS HAMPSHIRE WAY, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING PORTION OF RAMPSHIRE WAY TO BE VACATED, BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA, SCALE 1" 401, APRIL, 1983, MADE BY BASGIER ASSOCIATES." PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Baker Newtown Associates, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing and discontinuance of a portion of that certain street, which is more specifically described as follows: Beginning at a point on the Southwestern side of Newtown Road at the intersection of Parcel 3 and a Portion of Hampshire Way To Be Vacated as shown on the plat as described below and from said point of beginning along a curve to the left having a radius of 1,641.881, an arc distance of 35.39' to a point; thence along a curve to the left, having a radius of 20.001, an arc distance of 34.701, to a point; thence North 63 degrees, 441, 17" West, 191.451 to a point; thence along a curve to the left, having a radius of 20.001, an arc distance of 33.50' to a point on the Eastern side of Hampshire Lane, as shown on said plat; thence along a curve to the right, having a radius of 20.00', an arc distance of 36.591, to a point; thence South 54 degrees, 261, 2311 East, 187.421, to a point; thence along a curve to the right, having a radius of 20.001, an arc distance of 31.881, to the point or place of beginning. (Said parcel containing 0.104 acres.) Said parcel of land being a portion of Hampshire way, as indicated on that certain plat entitled "Plat Showing Portion of Hainpshire Way to be Vacated, Bayside Borough - Virginia Beach, Virginia", which plat is attached hereto, made a part hereof, and intended to be recorded with the ordinance closing the aforesaid street. 2. That no inconvenience will result to any persons by reason of said closing, vacation and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report, in writing, to the Council on or before July 13, 1987, as to whether, in the opinion of said viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 24th day of May, 1987, and the 31st day of May, 1987, Notice of the presenting of this application will be published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all larid along and adjacent to and affected by said portion of the platted street is your petitioner. Respectfully Submitted: BAKER NEWTOWN ASSOCIATES B y 0,0,, - of Couhsel H. THOMAS PADRICK, JR. ANDERSON AND PADRICK 500 Beach Tower BUilding 3330 Pacific Avenue virginia Beach, Virginia 23451 NOTICE PLEASE TAKE NOTICE that at the meeting of the CitY COuncil of the City Of Virginia Beach, Virginia, to be held on the 15th day of June, 1987, at 2:00 P.M., at the City Hall of the City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for appointment of viewers to view the below-described portion of that certain street and report to the City Council whether, in the opinion of the viewers, what, if any, inconvenience would result from the vacating, closing and discontinuance of same, the said portion of said street being described as follows: Beginning at a point on the Southwestern side of Newtown Road at the intersection of Parcel 3 and a Portion of Hampshire Way To Be Vacated as shown on the plat as described below and from said point of beginning along a curve to the left having a radius of 1,641.88', an arc distance of 35.391 to a point; thence along a curve to the left, having a radius of 20.001, an arc distance of 34.701, to a point; thence North 63 degrees, 44', 17" West, 191.451 to a point; thence along a curve to the left, having a radius of 20.001, an arc distance of 33.501 to a point on the Eastern side of Hampshire Lane, as shown on said plat; thence along a curve to the right, having a radius of 20 . 00 an arc distance of 36 .591 , to a point; thence South 54 degrees, 261, 2311 East, 187.421, to a point; thence along a curve to the right, having a radius of 20.00', an arc distance of 31.88', to the point or place of beginning. (Said parcel containing 0.104 acres.) All the above, as shown upon that certain plat entitled "Plat Showing Portion of Hampshire way to be Vacated, Bayside Borough - Virginia Beach, Virginia; scale 1" = 40', April, 1987, made by Basgier and Associates." At that time, anyone affected may appear and present his or her views. After the report of the viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will petition the City Council to vacate, close and discontinue that portion of Hampshire Way, in the City of Virginia Beach, Virginia, as herein described. BAKER NEWTOWN ASSOCIATES By: n. of Coiinsel H. THOMAS PADRICK, JR. ANDERSON AND PADRICK 500 Beach Tower Building 3330 Pacific Avenue Virginia Beach, Virginia 23451 - 36 - Item III-I.8. CONSENT AGENDA ITEM # 27552 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council APPROVED: LOW BID to Hunt Contracting Corporation in the amount of $298,157-50 for the relocation of Sanitary Sewer Pump Station 64A London Bridge Construction Contract (cip 6-954) Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 37 - Item III-I.9. CONSENT AGENDA ITEM # 27553 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council APPROVED: EMS VEHICLE PERMIT RENEWAL: a. Central Virginia Ambulance Service, ALS b. Children's Hospital of the King's Daughters, ALS c. City of Chesapeake Fire/EMS, ALS d. Medical Transport, Inc., ALS e. Nightingale Air Ambulance, ALS f. Norfolk General Cardiac Diagnostic Unit, Advanced Life Support, ALS g. Norfolk Paramedical Rescue Service, ALS h. Tidewater Ambulance Service, ALS Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker 38 - Item III-I.10. CONSENT AGENDA ITEM # 27554 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $3,617.89 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones and Nancy K. Parker - 38a - ORM NO. C.A. 7 5/29/87 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Da@e Penalty I nt. Total Year of Tax Number tion No. p.id Lincoln Service Corp 87 RE(1/2) 760-6 11/17/86 468.60 Alton L Roberson 84 RE(1/2) 73388-8 12/5/83 3.60 Alton L Roberson 84 RE(2/2) 73388-8 6/5/84 3.60 Alton L Roberson 85 RE(l/(') -!7373-5 12/5/84 3.60 Alton L Roberson 85 RE(,-/91 77373-5 6/5/85 3.60 Alton L Roberson sfz RE(1/2) 83369-8 12/5/85 5.04 Alton L Roberson 86 DE(2/2) 83369-8 6/5/86 5.04 dames H Gregory 86 RE(1/2) 38565-4 11/26/85 24.00 James H Gregory 86 RE(2/2) 38565-4 6/5/86 24.00 John W & May S Bunting 87 RE(1/2) 14027-6 5/12/87 53.05 David L & Juanita Withrow 87 RE(1/2) 113846-5 5/15/87 105.34 Judith A Johns 87 RE(1/2) 51625-4 5/6/87 13.92 Joan L & Joseph Nusbaum 87 RE(2/2) 77865-8 12/5/86 88.18 S Frances Bromfield 87 RE(1/2) 4064-1 5/13/87 19.39 Ryland Mortgage 87 RE(1/2) 54788-1 12/3/86 317.50 Betty J McIntyre 86 pp 108517-3 60953 5/30/86 96.00 William T Interlied III 86 pp 81679-6 61110 6/5/86 387.78 Joan A Mottram 86 pp 116019-9 61237 5/30/86 43.20 Michael A Eardley 87 pp 49936-1 60989 5/5/87 12.01 William M Ivory 85 pp 198132-9 51574 11/13/85 243.00 Independent Printers Inc 84 pp 76434-4 61304 4/30/85 698.46 Joseph M Chapley 86 pp 236925-7 60914 3/31/86 356.28 Mutual Federal S& L 84 RE(1/2) 2806-1 12/5/83 104.55 Mutual Federal S& L 84 RE(2/2) 2806-1 6/5/84 104.55 Mutual Federal S& L 85 RE(1/2) 2979-1 12/5/84 104.55 Mutual Federal S& L 85 RE(2/2) 2979-1 6/5/85 104.55 Mutual Federal S& L 86 RE(1/2) 3215-2 12/5/85 107.25 Mutual Federal S& L 86 RE(2/2) 3215-2 6/5/86 107.25 Jesse W & Sharon Keller 85 pp 86797-3 3/3/87 10.00 Total 3,617.89 This ordinance shall be effective from date of adoption. The abqve abatement(s) totaling Ce $3 p 61 7, 89 were approved by the Council of the City of Virginia Beach on the 1 5 day of J-e 1987 Jo T. A4 Appived as to form: Ruth Hodges Smith City Clerk " 7 - /f C D e , s(on@city At@orney ' ' - 39 - Item III-J.1/2/3/4 APPOINTMENTS ITEM # 27555 BY CONSENSUS, City Council RESCHEDNED the following APPOINTMENTS: BOND REYERENDA COMMITTEE OCF,AN LAKES FACT FINDING COMMITTEE SOCIAL SERVICES BOARD VIRGINIA BFACH COMMUNITY DEVELOPMENT CORPORATION - 40 - Item III-K.1 UNFINISHED BUSINESS ITEM # 27556 ADD-ON Councilman Baum referenced when the City Code Amendment related to Truck Covers was returned for City Council's consideration, the City Staff should discuss street repairs. Councilman Baum agreed with the intent relative gravel and larger objects falling off of trucks and damaging vehicles. The City uses a lot of Slurry Seal for roadways. This procedure is accomplished by pouring oil and tar on a roadbed area and then pouring loose gravel on the oil and tar. Much of this gravel works its way to the shoulder of the road. Councilman Baum was confident this procedure resulted in many cracked windshields and head lights. The City should not count on the public crushing this gravel into the road with the tires of their cars. - 41 - Item III-K.2 UNFINISHED BUSINESS ITEM # 27557 kDD-ON As per request of Vice Mayor Oberndorf, City Council SCHEDULED a PUBLIC HEARING for July 2, 1987, at 7:00 P.M.: Kempaville/Princess Anne Roads Intersection City Council SCHEDNED this PUBLIC HEARING BY CONSENSTJS with the exception of Councilwoman McClanan who VERBALLY ABSTAINED as she owns property in the aforementioned area. - 42 - Item III-M.1 ADJOURNMENT ITEM # 27558 Upon motion by Councilwoman Henley and BY ACCLAMATION, City Council ADJOURNED the Meeting at 6:33 P.M- Hooks Chief Deputy City Clerk uth Hdg,,,z; Sith, CMC City Clerk City of Virginia Beach Virginia