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HomeMy WebLinkAboutAPRIL 21, 1986 MINUTES Cit@ C>f "WORLD'S LARGEST RESORT CITY" Cny COUNCIL MA YOR @OLD BEISCHOBER. A@ VICE-MA YOR REBA S. MCLANAN A- @k JOHN A. BAUM. M."W@ @k NANCY A. C)MCH, At @ ROBERT E @, V@ B-h @k @RA M HENLEY, @ B-gk H. JACK JENNINGS, JR., L@.- @A LOUIS R. JOARES. A4@ @h ROBERT G. JONES. A@ Um. J. hENRYMCOY. JR., K-w@ B-gh MEYERA E. OBERNDORP. At L.,g. 281 CRTYH@ BULEDIVG MWICIPAL C=R RUTH HODGES SUrrH. CMC, C,,v @k CITY COUNCIL AGENDA VIRGNVIA BEACH VIRGRNIA @6 PM 18041427.4MS April 21, 1986 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1-00 PM A. CALL TO ORDER - Vice Mayor Reba S. McClanan B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM A. INVOCATION: Reverend John Winstead Church of Christ - Creeds B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. MINUTES 1. Motion to accept/approve the 14inutes of April 14, 1986. G. PRESENTATION 1. Dictograph Public Safety Leadership Award Police Chief Charles Wall H. PROCLAMATION 1. Volunteer Recognition Week - April 20-27, 1986 1. PLANNING 1. Application of Horner B. and E. Jean Baker for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots conform to the Comprehensive Zoning Ordinance located at 4024 Sherwood Lane (Bayside Borough). Recommendation: DENIAL 2. Application of Lou Lucente for a variance to Section 4.4(a) of the Subdivision Ordinance which requires that minimum building setbacks be met for all proposed lots located on the west side of Lynbrook Landing, 225 feet south of Bridgewater Arch (Bayside Borough). Recommendation: APPROVAL 3. Ordinance closing, vacating aid discontinuing a portion of Sandra Lane in the petition of S & C Company (Kempsville Borough). RECOMMENDATION: APPROVAL FINAL EXTENSION GRANTED December 9, 1985 DEFERRED by City Council April 7, 1986 4. Ordinance appointing viewers in the petition of Sir Richards Partners for the closure of a portion of 20th Street. RECOMMENDATION: DEFERRAL 5. Application of Henry G. Swain, Jr. for a change of zoning, from R-6 Residential District to A-1 Apartment District located on the south side of 5509 Goodman Road, 246.50 feet east of Newtown Road containing 23,086.8 square feet (Bayside Borough). Recommeqdation: DENIAL 6. Application of the City of Virginia Beach to amend the Master Bikeway Plan by adding various routes and changing various route designations in accordance with draft. Recommendation: APPROVAL J. RESOLTJTION/ORDINANCES 1. Resolution to amend the Charter Agreement of the Southeastern Virginia Planning District Commission. 2. Ordinance granting a franchise to Princess Anne Inn, Inc. to operate an open air/stub street park cafe, and authorizing and directing the City Manager to execute a franchise agreement, subject to the conditions contained and/or referenced herein. 3. Ordinance to amend and reordain Section 5-73(A) of the Code of the City of Virgiiia Beach, Virginia, pertaining to keeping dogs under restraint, Leash Law. K. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of busi,.iess by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution authorizing the City to proceed with relocated access improvements to the Virginia Beach Campus of Tidewater Co@nity College from Princess Anne and Rosemont Roads. 2. Resolution requesting the Virginia Department of Highways and Transportation program the improvements for Dam Neck Road, Phase II, from General Booth Boulevard to the United States Naval Facility at Dam Neck, in the City of Virginia Beach. 3. Ordinance, on SECOND READING, to accept $2,900 from the Federal Highway Safety Grants Program 4. Ordinance authorizing a temporary encroachment into a portion of the City's property known as Lake Joyce to Edwin C. and Shirley L. Spencer and John W. and Delight Sullivan, their heirs, assigns, a,,id successors in title. 5. Ordinance appointing viewers in the petition of Bryan Williams for the closure of a portion of Farrar Avenue. 6. Raffle Permits Atlantic Saddle Club Virginia Beach Select Soccer - Red Devils St. Gregory's Women's Club Aragona Garden Club 7. Certificate of Public Convenience and Necessity Premier Limousine Service 8. Ordinance authorizing tax refunds In the amount of $2,666.27. 9. Ordinance authorizing license refunds in the amount of $1,160.13. L. UNFINISHED BUSINESS m. NEW BUSINESS 1. AICUZ Policy: Mr. Robert J. Scott, Planning Director 2. Interim Financial Report: March 31, 1986 N. ADJOURNMENT FY 1986-1987 OPERATING BUDGET SCHEDULE April 1-16 City Council's Review April 22 Budget Workshop - Conference Room 4:00 - 7:00 FM April 29 PUBLIC HEARING - Pavilion 7:00 PM May 8 Budget Reconciliation Workshop - Conference Room - 4:00 - 7:00 PM May 12 PUBLIC HEARING and FIRST READING of Appropriation Ordiaance - Council Chambers - 2:00 PM May 15 SECOND READING of Appropriation Ordinance Council Chambers 12: Noon M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 21, 1986 The Regular Meeting of the Council of the City of Virginia Beacii, Virginia, was called to order by Vice Mayor McClanan in the Conference Room, City Hall Building, on Monday, April 21, 1986, at 1:05 P.M. Council Members Present: Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: John A. Baum was out of the City due to a death in the family. H. Jack Jennings, Jr. was out of the City on business. Mayor Harold Heischober, City Manager Thomas H. Muehlenbeck and City Attorney Dale Bimson were representing the City with the Bond Counsellor. Nancy A. Creech (ENTERED: 1:20 P.M.) Robert G. Jones (ENTERED: 1:20 P.M.) - 2 - ITEM # 25254 Vice Mayor McClanan entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL HATTERS: Discussion 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. PERSONAL MATTERS: The protection of the privacy of individuals in personal matters not related to public business. Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council voted to proceed into EXECUTIVF SESSION. Voting: 6-0 Council Members Voting Aye: Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum was out of the City due to a death in the family. H. Jack Jennings, Jr. was out of the City on business. Mayor Harold Heischober, City Manager Thomas H. Muehlenbeck and City Attorney Dale Bimson were representing the City with the Bond Counsellor. Nancy A. Creech (ENTERED: 1:20 P.M.) Robert G. Jones (ENTERED: 1:20 P.M.) - 3 - R E G U L A R S B S S I 0 N VIRGINIA BEACH CITY COUNCIL April 21, 1986 2:05 P.M. Vice Mayor McClanan called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, April 21, 1986, at 2:05 P.M. Council Members Present: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Abseqt: John A. Baum, Mayor Harold Heischober and H. Jack Jennings, Jr. INVOCATION: Ruth H. Smith, CMC, City Clerk PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA ITEM # 25255 Vice Mayor McClanan referenced a Resolution authorizing the City to proceed with relocated access improvements to the Virginia Beach Campus of Tidewater Comunity College from Princess Anne to Rosemont Roads. (See Item II-K.1 of the CONSENT AGENDA). Vice Mayor McClanan advised this item will be DEFERRED as per the request of a representative of the TIDEWATER COMMUNITY COLLEGE. - 5 - VICE MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 ITEM # 25256 Vice Mayor McClanan advised City Council that Mayor Harold Heischober, City Manager Thomas H. Muehlenbeck and City Attorney Dale Bimson were representing the City with the Bond Counsellor. Councilman John A. Baum was out of the City due to a death in the family. Councilman H. Jack Jennings was out of the City on business. Aubrey Watts, Deputy City Manager, will be SUBSTITUTING for the City Manager. Gary Fentress, Assistant City Attorney, will be SUBSTITUTING for the City Attorney. Item II-E.2- ITEM # 25257 Councilwoman Creech referenced the application of Lou Lucente for a Variance to Section 4.4(a) of the Subdivision Ordinance which requires that minimum building setbacks be met for all proposed lots located on the west side of Lynbrook Landing, 225 feet south of Bridgewater Arch (Bayside Borough). (See Item II-I.2 of the PLANNING AGENDA). Councilwoman Creech advised she will ABSTAIN on this item. Item II-E.3. ITEM # 25258 Vice Mayor McClanan referenced an Ordinance to amend and reordain Section 5-73 (A) of the Code of the City of Virginia Beach, Virginia, pertaining to keepiug dogs under restraint, Leash Law. (See Item II-J.3 under RESOLUTION/ORDINANCES). Councilman Jennings had requested this item be DEFERRED because of his absence, as same was under his sponsorship. April 21, 1986 6 Item II-F.1 MINUTES ITEM 25259 Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council APPROVED the Miiutes of April 14, 1986. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Hetry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr. A ril 21 1986 7 Item II-G.1 PRESENTATION ITEM 25260 Vice Mayor McClanan introduced Steve Belinkey, President of the Local DICTOGRAPH SECURITY SYSTEMS Office. Mr. Belinkey presented a PLAQUE to Chief Charles Wall. This AWARD was in recognition of a man entrusted with protecting a booming commercial and agricultural area that is swelling by an estimated 15,000 people per year, as well as approximately 2 MILLION tourists each year. Chief Wall is an Executive Committee member of the International Association of Chiefs of Police as well as being affiliated with the Virginia Association of Chiefs of Police and the Fraternal Order of Police. Chief Wall has dedicated himself without compromise to Public Safety. Chief Wall has been involved with law enforcement for twenty-seven (27) years. Mr. Belinkey explained Dictograph was an 84-year old organization dedicated to protecting lives and property through education and electronic surveilance. 8 Item II-G.2 RECOGNITION ITEM 25261 Vice Mayor McClanan introduced Robert Esenberg, Director of Risk Management, and his two guests, Kerry Matheson, Risk Manager; and, Bob Edwards, Consultant Auditor of WYONG SHIRE, Australia. These representatives of WONG SHIRE are visiting four municipalities (Dallas, Los Angeles, San Francisco and Virginia Beach) to discuss risk management techniques in respect to workman's compensation, liability, property and security. Messrs. Matheson and Edwards will be attending the 1986 RIMS Conference. A PROFILE of WYONG SHIRE is hereby made a part of the record. Vice Mayor McClanan presented two Jefferson Cups bearing the City's Seal to these representatives from Australia. 9 Item II-H.1 PROCLAMATION ITEM 25262 Vice Mayor McClanan PROCLAIMM the week of April 20-27, 1986: VOLUNTEER RECOGNITION WEEK This PROCLAMATION recognized the outstanding contributions made by the hundreds of thousands of ciitizens volunteering their services and resources to the Hampton Roads communities. Marnie Morgan, Council's Appointed Volunteer Coordinator, ACCEPTED this PROCLAMATION and distributed "VOLUNTEERS MAKE A DIFFERENCE" buttons to City Council. The Vice Mayor recognized Herb Pettway, Chairman of Civic Recognition for the Volunteer Council, for his outstanding endeavors in this behalf. Individual recognition was given to Chief Petty Officer and Mrs. Jeff Hansen for unselfish contributions with the ME2ffAL RETARDATION/DEVELOPMffAL DISABILITIES (MR/DD) PR The VOLUNTEER RESCUE SQUADS OF VIRGINIA BEACH were also individually recognized. Elsie Benson, Brigade Commander and Captain of the Courthouse Rescue Squad, ACCEPTED this RECOGNITION. A ril 21 1986 9 a roclamation VOLUNTEER RECOGNITION WEEK APRIL 20-27.,1986 p@ ournationwasfoundedbyindividualswhodedicatedtheirlives, their resources. and their visions to making this a better world; and 3S4sgsxo, thisspiritofvolunwerisrnplayedavitalroleinourhistory,our Zt4O E@ 0. Crry OF VMGINIA BzAcH national character, and in out present way of life: alid Phstem, thisspirithasbeencontinuedandenrichedbYLhecitizenryofthe Hampton Roads area of the Commonwealth of Virginia, here one third of our citizens annually contribute millions of hours of voluntmr semic@ to our communities; and 04-@ ourcommunitiesandourcitizentyallbenefittromtheactions, wncerns, and dedicaiion of thew volunteers: DREW B. DAM@NI, MAY01t CM OF SUFFOLK X@, t4trtfars, we the mayors of Chnapeake, Hampton, NmpOrL News, Norfolk, Portsmouth, Suffolk, and Virginia Beach do hereby prodaim the week of APRIL 20-27, 1986 AS JAMES W. HOLLEY, III, MAYOR VOLUNTEER RECOGNITION WEEK crrv ol, PoitTWOUTH in Hampton Roads, Virginia and urge all fello. citizens to observe this wmk by recognizing the outstanding contributions Lhat are being made to our lives and communitin by thc hundreds of thousands of our citizens who are volunteering Lheir services and resources in these communities. Given utider our liands and PEPH A. LF. A'10. seals this 21st day of March 1986. oF NORFOLK .4 RITCHIE, MAYOR EASON, MAYOR BENN@NNI@S JOR., MAYOIL 0 A@ '-y oF C 'CnS, 0, N@wpoRT Nzws H.UpIrON n April 21, 1986 - 10 - Item II-I.1 PLANNING ITEM # 25263 The City Clerk referenced a letter from Attorney Grover Wright dated April 10, 1986, requesting WITHDRAWAL of said application. Said letter is hereby made a part of the record. Edward L. Fournier, President of the Witchduck Civic League, had registered in @PPOSITION, but was not OPPOSED to the WITHDRAWAL. Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ALLOWED WITHDRAWAL of an Application of HORNER B. AND E. JEAN BAKEP for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots conform to the Comprehensive Zoning Ordinance. Appeal from Decisions of Administrative officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Horner B. & E. Jean Baker. Property is located at 4024 Sherwood Lane. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober and H. Jack Jennings, Jr. Item II-I.2 PLANNING ITEM 25264 Richard Basgier, represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City Council APPROVED the application of Lou Lucente for a Variance to Section 4.4(a) of the Subdivision Ordinance which requires that minimum building setbacks be met for all proposed lots. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Lou Lucente. Property located on the west side of Lynbrook Landing, 225 feet south of Bridgewater Arch. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: 1. A minimum setback of 2.5 feet is required along the northernmost property line of Lot 43 in order to maintain a minimum of 10 feet between buildings. Voting: 7-0 Council Members Voting Aye: Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, Mayor Harold Heischober and H. Jack Jennings, Jr. A ril 21 1986 12 - Item II-1.3 PLANNING ITEM # 25265 Ben Simon, of Palms Associates, represented the applicant Aubrey Watts, Deputy City Manager, advised the Subdivision Plat has been reviewed by City Staff. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application of S & C COIIPANY f or the discontinuance, closure and abandonment of aportion of Sandra Lane. Application of S AND C. , a Virginia General Partnership, for the discontinuance, closure and abandonment of a portion of Sandra Lane beginning at the southern boundary of Indian River Road and running in a southerly direction a distance of 265 feet to the northern boundary of Mineola Drive. Said parcel is 50 feet in width and contains 13,250 squre feet. KEMPSVILLE BOROUGH. Voting: 7-0 Council Members Voting Aye: Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, Mayor Harold Heischober and H. Jack Jennings, Jr. - 12a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS SANDRA LANE, LOCATED IN THE KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED *RE-SUBDIVISION OF PARCEL 'A', INDIAN RIVER ESTATES, PRINCESS SECTION ONE, KEMPSVILLE 14AG. DIST., ANNE CO., VA.", DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 43, PAGE 40. WHEREAS, it appearing by Affidavit that proper notice has been given by S and C Co., a virginia general partner- ship, that it would make application to the council of the City of Virginia Beach, Virginiat on January 14, 19.85, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE TT ORDAINED by the Council of the CitY of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: All that certain portion of Sandra Lane, situated in the City of Virginia Beach, Virginia, bounded on the north by the right-of-way of Indian River Road, on the south by the right-of-way of Mineola brive, on the west bv "PARCEL OA-41" and on the east by 'PARCEL 'A-211 and UPARCEL 'A-Il"f all as shown on that certain plat entitled "RE-SUBDIVISION OF PARCEL 'A', INDIAN RIVER ESTATES, SECTION ONE, KEMPSVILLE MAG. DIST., PRINCESS ANNE CO., VA.', dated January, 1957, made by Frank D. Tarrall, Jr. & Associates, duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 43, at page 40, and more particularly bounded and described with reference to said plat as follows: April 21, 1986 - 12b To establish the point of beginning, begin at a point in the southern line of the right- of-way of Indian River Road (Route 603), at the intersection of said southern line of the right-of-way of Indian River Road and the eastern line of the right-of-way of MacDonald Road, as projected; thence run S. 641 57' 10' E., a distance of 189.29 feet to a point; thence continue S. 640 571 10M E., a distance of 297.77 feet to a point, the point of beginninq; thence from said point of begin- ning, ru-nning S. 640 571 10" E., a distance of 90 feet to a point in said southern line of the right-of-way of Indian River Road; thence turning and running along an arc of a curve to the left, having a radius of 20 feet, an arc distance of 31.42 feet to a point in the eastern line of the right-of-way of Sandra Lane; thence running S. 25* 021 50" W., a distance of 235 feet to a point in said eastern line of the right-of-way of Sandra Lane; thence running along an arc of a curve to the left, having a radius of 10 feet, an arc distance of 15.71 feet to a point in the northern line of the right-of-way of Mineola nrive; thence turning and running N. 640 57' 10" W., a distance of 70 feet to a point in said northern line of the right-of-way of Mineola Drive; thence turning and running along an arc of a curve to the left, having a radius of 10 feet, an arc distance of 15.71 feet to a point in the western line of the right-of-way of Sandra Lane; thence turning and running N. 25* 02' 501 E., a distance of 235 feet to a point in said western line of the right-of-way of Sandra Lane; thence running along an arc of a curve to the left, having a radius of 20 feet, an arc distance of 31.42 feet to a point, the point of beginning. Said parcel of land being a portion of Sandra Lane as indicated on that certain plat entitled, ORE-SUBDIVISION OF PARCEL $A-, INDIAN RIVER ESTATES, SECTION ONE, KEMPSVILLE MAG. DIST., PRINCESS ANNE CO., VA.1, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 43, at page 40, a copy of which plat is made a part hereof by reference. SECTION II This ordinance shall be effective sixty (60) days from the date of its adoption. 2 - 12c - SECTION III A certified copy Of this ordinance and attached plat shall he recorded in the Clerk's Office indexed under the name of the city of virginia Beach as grantor. FINAL APPROVAL - April 21, 1986 - 13 - Item II-I.4. PLANNING ITEM # 25266 Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council DEFERRED until the City Council Meeting of April 28, 1986, an Ordinance appointing viewers in the petition of SIR RICHARDS PARTNERS for the closure of a portion of 20th Street: Ordinance closing, vacating and discontinuing said portion of 20th Street located in the City of Virginia Beach, Virginia, and more particularly described as follows: All that certain piece or parcel of land situated, lying and being in the City of Virginia Beach, State of Virginia, designated as that twenty feet of 20th Street adjoining on the south that property known as Lot 17, Block 42, Plat No. 2, of Part of the Property of the Virginia Beach Development Company, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. VIRGINIA BEACH BOROUGH. Voting: 7-0 Council Members Voting Aye: Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jonest Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, Mayor Harold Heischober and H. Jack Jennings, Jr. *VERBAL AYE - 14 - Item II-I.5 PLANNING ITEM # 25267 Sadye Shaw, represented the Newsome Farms Civic League, and registered in OPPOSITION Upon motion by Councilman Louis Jones, seconded by Councilwoman Henley, City Council DENIED an Ordinance upon application of HENRY G. SWAIN, JR. for a Change of Zoning: ORDINANCE UPON APPLICATION OF HENRY G. SWAIN, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO A-1 (NEWSOME FARMS TARGET AREA) Ordinance upon application of Henry G. Swain, Jr., for a Change of Zoning Distict Classification from R-6 Residential District to A-1 Apartment District on the south side of Goodman Road, 246.50 feet east of Newtown Road. Said parcel is located at 5509 Goodman Road and contains 23,086.8 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Voting: 7-0 Council Members Voting Aye: Robert E. Fentress, Barbara M. Henley, Louis R. Jones Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, @r., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, Mayor Harold Heischober and H. Jack Jennings, Jr. April 21, 1986 - 15 - Item II-I.6 ITEM # 25268 PLANNING Robert J. Scott, Director of Planning, responded to City Council inquiries. A DRAFT COPY of the VIRGINIA BEACH BIKEWAY PLAN was distributed to City Council and is hereby made a part of the record. Upon motion by Councilman McCoy, seconded by Councilman Robert Jones, City Council APPROVED: Application of the City of Virginia Beach to amend the Haster Bikeway Plan by adding various routes and changing various route designations in accordance with the Draft. More detailed information is available in the Department of Planning. Voting: 8-0 * Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober and H. Jack Jennings, Jr. *VERBAL VOTE DUE TO ELECTRICAL POWER FAILURE - 16 - Item II-I.6a RECOGNITION ITEM # 25269 ADD-ON Councilwoman Henley quoted a letter from the VIRGINIA CHAPTER OF THE AMIRICAN PLANNING ASSOCIATION directed to Jack Whitney, Chief of Comprehensive Planning. This letter acknowledges congratulations on the selection of Mr. Whitney's entry A MANAG@ PLAN FOR BACK BAY for a distinguished Planning Award from the CHAPTER. Thirteen excellent entries had been received for this year's competition. The Award Jury determined that Mr. Whitney's entry was among those chosen as representative of the best in the practice of Planning in Virginia. Councilwoman Henley stated the Council was aware the City has the best in Planning in Virginia. Jack Whitney will receive this award next Monday, April 28, 1986. - 17 - Item II-J.1 RESOLUTION/ORDINANCES ITEM # 25270 Arthur Collins, Executive Director of the Southeastern Virginia Planning District Commission, responded to Council inquires concerning additions to the CHARTEP,. Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED: Resolution to amend the Charter Agreement of the SOUTHEASTERN VIRGINIA PLANNING DISTRICT CONKISSION. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober and H. Jack Jennings, Jr. - 17a - RESOLUTION WHEREAS, the Southeastern Virginia Planning District Comnission wishes to amend the charter agreement, and requests the member governi,.ig bodies comprising the Southeastern Virginia Planning District Commission to concur and adopt said amendments, and; WHEREAS, it is necessary a,@id in the best interest of the Southeastern Virginia Planning District Commission, that the principal office be relocated, and; WHEREAS, it is also necessary, in order to better serve the member subdivisions, to amend the charter to provide reasonable requirements for the purchase of goods, services and personal or real property by the Commission, on terms other than cash. THEREFORE, BE IT RESOLVED, that Article 1. Organization, Section 2, Principal Office be amended to read as follows: Article 1. Organization, Section 2 - The principal office of the Commission shall be in Norfolk, Virginia, until same is moved to Ches majority vote of the Commission. BE IT FURTHER RESOLVED that Article VII., Finances and Contracts, Section 3, be amended to read as follows: Article VII. Finances and Contracts, Section 3 - The Commission shall be authorized to enter into such contracts as any other political subdivision not expressly prohibited by law. No governmental subdivision shall be liable for the payment of any funds or the performance of any obligation incurred by the Commission unless such governme,,Ital subdivisiol is a party to the contract or agreement creating the obligation. THEREFORE, BE IT RESOLVED, by the Council of the City of Virginia Beach that the above amendments be adopted, ratified, and approved, on this the Twenty-first day of April, 1986. WITNESS the following signatures and seals: Mayor Attest: Clerk - 18 - Item II-J.2 RESOLUTION/ORDINANCES ITEM # 25271 Henry Ruiz, Interim Director, RESORT AREA ADVISORY COMMISSION, responded to Council inquiries and distributed a FACT SHEET and colored GRAPHIC describing the location and dimensions of the Stub Street Cafe at Twenty-fifth Street. Said information is hereby made a part of the record. Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City Council ADOPTED: Ordinance granting a franchise to PRINCESS ANNE INN, INC. to operate an open air/stub street park cafe, and authorizing and directing the City Manager to execute a franchise agreement, subject to the conditions contained and/or referenced therein. Voting: 6-0 Council Members Voting Aye: Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. - 18a - AN ORDINANCE GRANTING A FRANCHISE TO PRINCESS ANNE INN, INC. TO 0 OPERATE AN OPEN AIR/STUB STREET PARK z CAFE', AND AUTHORIZING AND DIRECTING 0 THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN 0 HEREAS, the City has adopted regulations for the operation of open air cafe's on public property along the boardwalk and on stub street parks; and WHEREAS, Princess Anne Inn, Inc. (t/a Brandy Nan Restaurant) has submitted an application for the operation of an open air/stub street park cafe' and has paid the application fee; and WHEREAS, the representations made in the application comply with the afore-mentioned regulations; and WHEREAS, City Council has been advised by the Office of the City Manager that the proposed cafe' would have no detrimental effects on the public health, safety, welfare, or interest. NOW, THEREFORE, be it ordained by the Council of the City of Virginia Beach, Virginia: That a franchise is hereby granted to Princess Anne Inn, Inc. to operate an open air/stub street park cafe' at 2500 Atlantic Avenue, Virginia Beach, Virginia 23451, from May 1, 1986, to April 30, 1987, and that the City Manager is hereby authorized and directed to execute a franchise agreement with the franchisee, conditioned on provision by the franchisee and acceptance by the City of an approved final site plan, liability insurance coverage, a surety bond, the applicable franchise fee, and on such other conditions as are required by the afore-m entioned regulations and the Franchise Agreement. This Ordinance shall be effective upon the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of April 1986. RMB/jmh 0 4/0 4/8 6 (D) - 19 - Item II-J.3 RESOLUTION/ORDINANCES ITEM # 25272 Rose Ellen Chandler, resident of the Virginia Beach Borough, spoke in OPPOSITION to the Leash Law. Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council DEFERRED until the City Council Meeting of April 28, 1986: Ordinance to amend and reordian Section 5-73(A) of the Code of the City of Virginia Beach, pertaining to keeping dogs under restraint, Leash Law. Voting: 7-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentresst Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf * Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S. *Verbal Aye - 20 - Item II-K CONSENT AGENDA ITEM # 25273 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 2, 3, 4, 5, 6, 7, 8, 9. Item #1 was DEFERRED until the Council Meeting of April 28, 1986. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. He@ry McCoy, Jr., D.D.S. aid Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr. - 21 - Item II-K. 1 CONSENT AGENDA ITEM # 25274 Upon motion by Councilwoman Creech, seconded by Councilman Fe-,ltress, City Cou-.icil DEFERRED: Resolution authorizing the City to proceed with relocated access improvements to the Virginia Beach Campus of Tidewater Commmunity College from Princess Anne and Rosemo-it Roads. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr. - 22 - Item II-K.2 CONSENT AGENDA ITEM # 25275 Upon motion by Councilwoman Creech, seconded by Cou-Lcilman Fentress, City Council ADOPTED: Resolution requesting the Virginia Department of Highways and Transportation program the improvements for Dam Neck Road, Phase II, from General Booth Boulevard to the Uiited States Naval Facility at Dam Neck, in the City of Virginia Beach. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voti-ig Nay: Noqe Council Members Absent: John A. Baum, Mayor Harold Heischober, H. Jack Jenniqgs, Jr. - 22a - R E S 0 L U T I 0 N WHEREAS, the Department of the Navy has indicated its willingness to participate in the improvements of Dam Neck Road, Phase II from General Booth Boulevard to Dam Neck Naval Facility in the City of Virginia Beach; and WHEREAS, the City of Virginia Beach wishes to improve Dam Neck Road, Phase II, from General Booth Boulevard to Dam Neck Naval Facility; 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; and WHEREAS, the Virginia Department of Highways and Transportation has agreed to administer and undertake the development of this project; and WHEREAS, The Virginia Department of Highways and Transportation has agreed to pay 95% of all project costs, including engineering design, rights-of-way acquisition, utility relocation and adjustments, and construction exceeding $2.5 million which is the agreed lump sum contribution of the Navy for the project and the necessary funds will be appropriated for these purposes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the Virginia Department of Highways and Transportation is hereby requested to program the engineering design, plans, and construction for the improvement of Dam Neck Road, Phase 11 from General Booth Boulevard to Dam Neck Naval Facility. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay five percent of all project costs, including engineering design, right-of-way acquisition, utility relocation and adjustments, and construction exceeding $2.5 million which is the agreed lump sum contribution of the Navy for the project and the necessary funds will be appropriated for these purposes, provided that the Virginia Department of Highways and Transportation does hereby agree to complete the project in accordance with the federal time constraints for expending the defense access funds, and that acceptance as an urban system project will not be at the expense of any other project previously approved in the current Virginia Department of Highways and Transportation Six Year Plan. 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: April 21, 1986 - 23 - Item II-K.3 CONSENT AGENDA ITEM # 25276 Upon motion by Councilwoman Creech, seconded by Councilma.1 Fentress, City Council ADOPTED upon SECOND READING: Ordinance to accept $2,900 from the Federal Highway Safety Grants Program Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober, R. Jack Jennings, Jr. - 23a - AN ORDINANCE TO ACC $2,900 F" THE FFDERAL HIGIMY SAFETY PROGRAM WHEREAS, the City of VirVinia Beach, Virginia desires to ericourage and enhance safety on its streets and highways by formal training provided to the employees of the Department of Public Wc)rks, Traffic Erxjirieering Division, w4 , the city has applied for and has been accepted for the Highway Safety Grant #TE86-0-52907 to provide turxlirig for formal safety training. NOW, RE, BE IT OFCAINED BY THE COUNCIL OF THE CITY OF VIFtGINIA BEACH, VIRGINIA that the grant in the @t of $2,900 be accepted and appropriated to the budget of the Department of Public Works, Traffic Erxjirieeing Division, ar)d BE IT FURTHER ORDAINED that these funds be reflected as an adjustment to the Grants' revenues. This ordinance shall be effective fran the date of its adoption. Adopted by the Coumil of the City of Virginia Beach, Virginia cn tbe - Twenty@fir&t_._. _. .... day f April 1986. First Reading: April 14, 1986 Secorxi Reading: Abril 21, 1986 April 21, 1986 PM/HGWYSAFETY - 24 - Item II-K.4 CONSENT AGENDA ITEM # 25277 Upon motion by Councilwoman Creech, seconded by Counci@n Fentress, City Council ADOPTED: Ordinance authorizing a temporary encroachment into a portion of the City's property known as Lake Joyce to Edwin C. and Shirley L. Spencer and John W. and Delight Sullivan, their heirs, assigns, and successors in title. This encroachment shall be subject to: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the ericroachment. 3. The owner agrees to maintain said encroachment so as not to become u@nsightly or a hazard. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr. - 24a - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS LAKE JOYCE TO EDWIN C. SPENCER AND SHIRLEY L. SPENCER, HUSBAND AND WIFE, AND JOHN W. SULLIVAN AND DELIGHT SULLIVAN, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS, AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Edwin C. Spencer and Shirley L. Spencer, husband and wife, and John W. Sullivan and Delight Sullivan, husband and wife, their heirs, assigns, and successors in title are authorized to construct and maintain a temporary encroachment into City property known as Lake Joyce. That the temporary encroachment herein authorized is for the purpose of replacing existing bulkhead by constructing and maintaining a bulkhead for erosion control and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's property known as Lake Joyce, as shown on that certain plat entitled: "REPLACEMENT BULKHEAD IN LAKE JOYCE AT VIRGINIA BEACH COUNTY OF STATE VA APPLICATION BY SULLIVAN/SPENCER SHEET / OF / DATE 9/30/85," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Edwin C. Spencer and Shirely L. Spencer, - -24b - husband and wife, and John W. Sullivan and Delight Sullivan, husband and wife, their heirs, assigns, and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's property known as Lake Joyce and that Edwin C. Spencer and Shirely L. Spencer, husband and wife, and John W. Sullivan and Delight Sullivan, husband and wife, their heirs, assigns, and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Edwin C. Spencer and Shirley L. Spencer, husband and wife, and John W. Sullivan and Deliqht Sullivan, husband and wife, their heirs, assigns, and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Edwin C. Spencer and Shirely L. Spencer, husband and wife, and John W. Sullivan and Delight Sullivan, husband and wife, execute an agreeinent with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, virginia, on the 21st day of April 1986. CLL/jmh 01/2 4/8 6 (CLL.1) -2- April 21, 1986 24c 7Y -M4PN@ L/AIE 4- VVRPO$T: ollvm w@M,4 PRMMTV WMTF. t/d ic .001 -17 tU) 55 Apirl 21, 1986 - 25 - Item II-K.5 CONSENT AGENDA ITEM # 25278 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council APPROVED the APPOINTMENT OF VIEWERS: Ordinance closing, vacating, and discontinuing a portion of that certain street, known as Farrar Avenue, as shown upon that certain plat entitled, "street closure plat of a portion of Farrar Avenue as shown on plat entitiled Olive Heights Annex No. 2, Seatack, Lynnhaven Borough, Virginia Beach, Virginia:" which plat is attached hereto. The Viewers are: Robert J. Scott Director of Planning David Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr. - 25a - ORDINANCE APPOINTING VIEWERS WHEREAS, Bryan D. Williams has give due and proper notice, in accordance with the statutes for such cases made and provided that he will on the 21st day of April, 1986, apply to the City Council of the City of Virginia Beach, Virginia for the appoint- ment 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 the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert, Jr., Robert J. 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 I that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Farrar Avenue beginning at a point at the North eastern intersection of Farrar Avenue and Ackiss Avenue and thence south 60 0 35' East a distance of 147.48 feet glat (148.72 feet field) to a point; thence south 35 03' West a distance of 30.73 feet to a point; thence N 58 0 571 47" west a distance of 6.87 feet to a point; thence N 59 0 03' 46" West a distance of 148.10 feet, thence along a turn to the right a distance of 28.04 feet to the point of beginning. (Portion to be vacated is designated as 4334 square Feet of Farrar Avenue). All the above as shown upon that certain plat entitled. "Street Closure Plat of a Portion of Farrar Avenue as shown on plat entitled Olive Heights Annex No. 2 Seatack, Lynnhaven Borough, Virginia Beach, Virginia:" which plat is attached hereto, And made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed Street. - 25b - IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING OF A PORTION OF THAT CERTAIN STREET, KNOWti AS FARRAR AVENUE AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT OF A PORTION OF FARRAR AVENUE AS SHOWN ON PLAT ENTITLED OLIVE HEIGHTS ANNEX NO.2, SEATACK, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA:" VIHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEPIBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Your Petitioner, Brayn D. Williams respectfully represents 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: Farrar Avenue beginning at a point at the North eastern intersection of Farrar Avenue and Ackiss Avenue and thence south 60 0 35' East a distance of 147.48 feet plat (148.72 feet field) to a point; thence south 35 0 031 West a distance of 30.73 feet to a point; thence N58 0 571 47" west a distance of 6.87 feet to a point; thence N59 0 031 46" West a distance of 148.10 feet, thence along a turn to the right a distance of 28.04 feet to the point of beginning. (Portion to be vacated is designated as 4334 square Feet of Farrar Avenue). Said parcel of land being a portion of Farrar Avenue as indicated on that certain plat entitled "Street Closure plat of a portion of Farrar Avenue as shown on plat entitled Olive Heights Annex No. 2 Seatack, Lynnhaven Borough, Virginia Beach, Virginia:" which plat is attached hereto and made a part hereof andintended to be recorded with the ordinance closing the afore- described 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 the 21st day of April, 1986, 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 6th day of April 1 1986, and an the 13thday Of April 1986, notice of the pre8enting of - 25c - this application was published in the Beacon a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street are not your Petitioner herein, Bryan D. Williams. Respectfully submitted, By: Pet4tioner - 25d - McGOWAN 6c OLDS ATTORNEYS AND COUNSELLORS AT LAW NEWTOWN PROFESSIONAL PARK 166 NEWTOWN ROAD, SUITE A-1 ARTHUR G. McGOWAN VIRGINIA BEACH,VIRGINIA 23462 IN CHESAPEAKE REPLY TO: EILEEN A. OLDS P. 0. BOX %071 J. CHERYL J. AVERY TELEPHONE: (804, 413-3400 CHESAPEAKE,VIRGINIA 23320 Bryan D. Williams (804) 482-7333 CERTIFICATE OF VESTING OF TITLE I, Arthur C. McGowan, attorney for Bryan D. Williams do hereby certify that: 1. I am an attorney at law and represent Bryan D. Williams 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 Bryan D. Williams the adjacent landowner: The said property referred to herein is hereby described as follows: Farrar Avenue beginning at a point at the North eastern intersection of Farrar Avenue and Ackiss Avenue and thence south 60 0 351 East a distance of 147.48 feet plat (148.72 feet field) to a point; thence south 35 0 03' West a distance of 30.73 feet to a point; thence N58 0 57' 47" west a distance of 6.87 feet to a point; thence N59 0 03' 46" West a distance of 148.10 feet, thence along a turn to the right a distance of 28.04 feet to the point of beginning. (Portion to be vacated is designated as 4334 square feet of Farrar Avenue). .Y.A q i# iiorn@y for (P@titioiier - 26 - Item 11-K.6 CONSENT AGENDA ITEM # 25279 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council APPROVED RAFFLE PERMITS: Atlantic Saddle Club Virginia Beach Select Soccer - Red Devils St. Gregory's Women's Club Aragona Garden Club Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr. A ril 21 1986 - 27 - Item II-K.7 CONSENT AGENDA ITEM # 25280 Upon motiori by Councilwoman Creech, seconded by Cou-icilman Fentress, City Council APPROVED: Certificate of Public Convenience and Necessity: Premier Limousine Ser-vice Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr. A ril 21 1986 - 28 - Item II-K.8 CONSENT AGENDA ITEM # 25281 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $2,666.27 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr. FORM NO, C.@. 7 - 28a - 4/ 7/86 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- Dato Penalty lnt. Total Year of Tax Number tion No. Paid Troy Nichols Mortgage 86 RE(1/2) 97801-4 11/4/85 40.00 Bruce G Murphy 86 RE(1/2) 89746-9 12/5/85 8.00 Bruce G Murphy 86 RE(1/2) 89747-8 12/5/85 16.00 Zehmer Enterprises Inc 86 RE(1/2) 72216-6 12/5/85 200.00 William W & Estelle Davis 83 RE(1/2) 20177-5 11/4/82 5.51 William W & Estelle Davis 83 RE(2/2) 20177-5 6/5/83 5.51 William W & Estelle Davis 84 RE(1/2) 21062-0 11/4/83 6.59 William W & Estelle Davis 84 RE(2/2) 21062-0 6/5/84 6.59 William W & Estelle Davis 85 RE(]/2) 22707-8 12/5/84 5.51 William W & Estelle Davis 85 RE(2/2) 22707-8 6/5/85 5.51 William W & Estelle Davis 86 RE(1/2) 24109-7 12/5/85 5.51 Kings Gt,ant Landing South 86 RE(1/2) 53697-4 12/5/85 230.00 Glyndon Village Homes Assoc 86 RE(1/2) 36816-5 10/29/85 .40 Home Federal S & L 86 RE(1/2) 24493-1 12/5/85 2.59 Arclaw Associates 86 RE(]/2) 2694-4 12/5/85 160.00 Lincoln Service Corp 86 RE(1/2) 30268-1 12/5/85 24.96 Estelle B Buy,ns 85 pp 183895-8 47351 12/5/85 496.74 Tres Chic Ltd 83 pp 185213-0 47343 2/3/84 925.41 Gaudioso Cosico 85 pp 33820-6 47340 12/13/85 340.66 Harold I Laibstain 85 pp 91710-7 47404 6/5/85 180.78 Total 2,666.27 This ordinance shaii be effective from date of adoption. The above abatement(s) totaling Certified as to payment; ---- were approved by the Council of the City of Virginia Beach on the-2@ay of April-1986 Approved as to form: Ruth Hodges Smith City Clerk e ..on.-- ,y A - 29 - Item 11-K.9 CONSENT AGENDA ITEM # 25282 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $1,160.13 upon application of certain persons and upori certification of the Commissioner of Revenue for payment. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr. FORM NO, C.A. a - 29a - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME L icense Date Base Penalty Int. Total Year Paid Delmarva Adjustment Service, Inc. P. 0. Box 9230 Norfolk, VA 23505 1985 03/03/86 30.00 30.00 Fish, Alden B. T/A Micro Computer Consultant P. 0. Box 62525 Va. Beach, VA 23462 1984 Audit 43.18 43.18 Fisher, Kay K. P. 0. Box 458 Fort Myers, FL 33902 1984/85 Audit 147.37 147.37 Certified as to Payment: n ApproveSLas to This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 22 0. 55 were approved by the Council of the City of Virginia Beach on the 21st day of -@A ril 86 Ruth Hodges Snii th City Clerk FORM .0@ C... 29b - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME L icense Date Base Penalty I nt. Total Year Paid K S T Associates T/A Econo Lodge 5173 Shore Drive Va. Beach, VA 23455 1985 Audit 313.16 343,16 Pembroke Business Brokers, Inc. T/A V R Business Brokers 4601 W. Perry Plantation Cir. Va- Beach, VA 23455 1981/85 Audit 186.94 lP6.9A Simmons fieating & Cooling, Inc. 810 Juniper Crescent Virginia Beach, VA 23462 1984/85 Audit 409.48 Certified as to Payment: Commissioner of Revenue Appro@ed as to fown: @at-e Bimson This ordinance shall be effective from date of ity Attorney adoption. The above abaternent(s) totaling $939 . 58--_ were approved by the Council of the City of Virginia Beach on the 21st -day of April 1986 Ruth Hodges Smith City Clerk - 30 - Item II-L.1 UNFINISHED BUSINESS ITEM # 25283 ADD-ON Councilman McCoy referenced the increase in Fees at City owned Golf Courses. This increase has been approximately 50% and rather drastically affects the Senior Citizens. This is in some instances the Senior Citizens only form of recreation. As the BUDGET includes the projection of these Fees, this should be investigated closely. As the City's own citizens subsidize these golf courses with their taxes, the City should be fairer with these individuals. Councilman McCoy requested same be reevaluated by the Department of Parks and Recreation for possible reduction of fees involving Winter rates, Senior Citizens, the youth and the ladies. A REPORT will be presented concerning same at the FY 1986-1987 OPEPATING BUDGET WORKSHOP on April 22, 1986. As per Sam Houston's request, a copy of this report will also be distributed to the MAYOR'S COMMITTEE ON AGING. - 31 - Item II-M.1 NEW BUSINESS ITEM # 25284 Robert J. Scott, Director of Planning, advised the Planning Commission has reviewed the proposed policy for the rezoning of land for industrial use in the City's AICUZ areas. The Planning Commission has reacted favorably to the proposals contained therein. Mr. Scott advised Council had previously received copies of the AICUZ LAND USE IMPACT STUDY. Mr. Scott outlined the basic findings and recommendations of this report which are based upon the Consultant Study but believed the Staff has gone beyond the information provided by the Consultant. 1. It would be appropriate to target approximately 900 acres of land impacted by this AICUZ easement for Industrial expansion. This should be more than enough land to accommodate Industrial expansion for the next thirty (30) years. 2. Same should be the best 900 acres of land impacted by this AICUZ area for expansion and the Staff has indicated where said property is located. 3. The Staff has indicated to City Council the basis upon which this property should be converted with respect to ZONING. As an example to emulate, OCEANA WFST INDUSTRIAL PARK was cited. The Characterics found in OCEANA WEST which are desired for future expansion were identified as: 1. Accumulation of a large acreage of land to be developed in a co-ordinated fashion. 2. The ability to provide access to individual industrial sites without adversely impacting our arterial highway system. 3. The ability to allow for development with concerns for the environment. 4. Concern for aesthetic appearance. Most stringent aesthetic guidelines are adhered to in OCEANA WEST INDUSTRIAL PARK. These aesthetic guidelines and Policy Statements have been outlined in "An Industrial Development Policy for the City of Virginia Beach Involving Land Impacted by the Navy's AICUZ Progr-m". A copy of same is hereby made a part of the record. Mr. Scott indicated there was a possiblity the SOUTHEASTERN FREEWAY could affect the aforementioned targeted area. If same is the case, a possibility has been proposed to make allowances for same. As the City continues to grow, there will be a need for reevaluation on a periodic basis. This will be placed on the City Council AGENDA of April 28, 1986, for ADOPTION and the Planning Items which have been DEFERRED pending ADOPTION of the AICUZ POLICY will be EXPEDITED. - 32 - Item II-M.2 NEW BUSINESS ITEM # 25285 The INTERIN FINANCIAL STATEMENTS for the Period July 1, 1985 through March 31, 1986 were distributed to City Council. (A copy of same is hereby made a part of the record.) Bob Hayes, Comptroller, was in attendance to respond to City Council's inquiries concerning same. - 33 - Item II-M.3 NEW BUSINESS ITEM # 25286 ADD-ON Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council DEFERRED the Work Schedule for Atlantic Avenue Improvements (Atlantic Avenue Revitalization). Council Briefing will be SCHEDULED for the City Council Meeting of April 28, 1986. The Deputy City Manager Aubrey Watts advised a stop work order would have to be issued. The contract is 21% completed and approximately $16,500 has been expended. One of the stipulations contained in the contract reflected the work must be completed by May Third. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober and H. Jack Jennings, Jr. - 34 - Item II-M.4 NEW BUSINFSS ITEM # 25287 ADD-ON Councilman McCoy referenced a group of young boys belonging to a Freestyle Bike Club who had provided a demonstration of their activities and requested a place to practice and perform -- possibly Mount Trashmore. BY CONSENSUS, tbe Staff will review the possibility of a ramp for the Freestyle Bike Club at Mount Trashmore. - 35 - Item II-N. RECESS ITEM # 25288 Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City Council RECESSED to Tuesday, April 22, 1986, at 4:00 P.M., for discussion of a possible EMERGENCY situation at RUDEE INLET, after which to adj@ourn. City Council will attend their FY 1986-1987 OPERATING BUDGET WORKSHOP after adjournment. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress* Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Mayor Harold Heischober and H. Jack Jennings, Jr. *Verbal Aye