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HomeMy WebLinkAboutJANUARY 6, 1986 MINUTES Cit@ C>f -Vi:rwirai@ "WORLD'S LARGEST RESORT CITY" CrTy COUNCIL MA YOR HAROLD BEISCHOBER. A t VICE-MA YOR @ S. M@CLANAN, A- @gh JOBN A. RAUM, Bi-@@ @A NANCY A. CREECH, At L-g- ROBERT E. @, V@0- B-A B-gh BARRARA M @, P..P &-Fh M. JACK JENNINGS, JR., L@.- @h LOUIS R. JO@ Bv@ B_wh ROBERT G. JONM At L-P J. BENRYMCOY. JR.. K-@ B-gh ME@ E. OBERNDORP, At L-P f8l CRIY HALL BUILDRVG RUTH HODGES SMIM CMC. Qtv Mlk CITY COUNCIL AGENDA MUNICIPAL CE=R VIRrrNIA BEACH, VIRGRNIA ow-OM January 6, 1986 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 11:00 AM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTIOM TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Reverend Jean T. Rutherford Beachgrove Bethel United Methodist Church B. PLEDGE OF ALLEGIMCE 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 Minutes of December 16, 1985 G. PRESENTATION 1. Resolution In Memoriam: Sally A. Marcel H. PLANNING 1. REQUEST FOR WAIVER of a condition imposed upon the application of Virginia Reach Federal Savings & Loan Association for a change of zoning from R-4 Residential Distrirt to 0-1 Office District on a 3.6-acre parcel located on the west side of First Colonial Road north of Wolfsnare Road (Lynnhaven Borough), approved by City Council March 17, 1980. DEFERRED by City Council November 25, and December 9, 1985 2. Application of Harry S. and Jean W. Rogers for a variance to Section 4.4(b) of the Subdivision Ordinance, which requires that lot dimensions conform to the Comprehensive Zoning Ordinance on property located at 5613 Normandy Avenue (Kempsville Borough) DEFERRED by City Council November 18, 1985 and December 9, 1985 Recommendation: DENIAL I. OILDINANCES 1. Ordinance to Amend and Reordain Section 35-66 of the Code of the City of Virginia Beach, Virginia, by ADDING thereto a new Subsection (c) pertaining to the late filing of affidavits 2. Ordinance to amend and reordain Section 37-7, 37-8, 37-9, 37-10, 37-11, and 37-12 and ADD Sections 37-7.1 and 37-7.2 to the Code of the City of Virginia Beach, Virginia, pertaining to tap and meter installation fees and WATER RESOURCE RECOVERY FEES DEFERRED by City Council December 9 and 16, 1985 J. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one notiou in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution in Recognition: Teresa Ann Eaton 2. Resolution In Memoriam: Sally A. Marcel 3. Ordinance to direct and authorize the City Manager to execute an addendum to the Virginia Beach Arts Center, Inc., lease 4. Ordinance upon FIRST READING to accept and appropriate $150,000 from the Commission of Game and Inland Fisheries for the renovation of Owl Creek Boat Ramp 5. Ordinance upon SECOND RIF-ANING to accept and appropriate $20,000 from Chapel Hill Associates for recreational facilities in the Jamestown Subdivision 6. APPOINTMENT OF VIEWERS: Ordinance closing, vacating, and discontinuing a portion of that certain street known as Ohio Avenue, as shown upon that certain plat entitled, .plat showing a portion of Ohio Avenue to be closed and vacated by the City of Virginia Beach, Virginia" 7. LOW BID of Hydro Corporation in the amount of $148,884 for the Potters Sand Fence - Atlantic Ocean Underwater Obstruction Removal - CIP 2-826; and, to authorize the City Manager to negotiate the necessary documents 8. LOW BID of Luke Construction Co., Inc. in the amount of $327,267.90 for the Resort Area Advisory Commission Demonstration Project - Boardwalk Overlooks, 13th Street, 14th Street and 20th Street - CIP 3-962; and, to authorize the City Manager to negotiate the necessary documents 9. Bingo/Raffle Permits: Sandbridge Fire Brigade, Inc. Bingo Virginia Beach Association of Gifted and Talented Raffle Filipino Women's Club of Tidewater, Inc. Bingo/Raffle Marching Cavaliers Parents Association Bingo/Raffle 10. Ordinance authorizing tax refunds in the amount of $3,215.54 11. Ordinance authorizing license refunds in the amount of $5,135.91 K. APPOINTNENTS 1. Advertising Selection Committee 2. Building Code Appeals Board 3. Community Services Board 4. Development Authority 5. Frances Land House Board of Governors 6. Planning Commission '7. Plumbing & Mechanical Appeals Board 8. School Board 9. Southeastern Virginia Area-Wide Model Program (SEVAMP) 10. Tidewater Community College Board 11. Tidewater Stadium Authority 12. Virginia Beach Community Development Corporation L. UNFINISHED BUSINESS 1. CANCEL/RESCHEDULE Regular Neeting of February 17, 1985 (City Holiday) M. NEW BUSINESS 1. Interim Financial Statements - July I through November 30, 1985 2. Annual Financial and Compliance Audit Report - for fiscal year ended June 30, 1985 N. RECESS FOR COUNCIL APPOINTEE EVALUATION 0. ADJOURWNT 7 Item II-G. I MINUTES ITEM 24994 Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City Council APPROVED the Minutes of January 6, 1986, as CORRECTED: Item II-N.2 - Item # 24778 - Page 48 In the Third Paragraph, Eighth Sentence: Bike Trial should be Bike Trail Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 24, 1986 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 6, 1986 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, January 6, 1986, at 11:00 A.M. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D. S. and Meyera E. Oberndorf Council Members Absent: Louis R. Jones Councilman Louis Jones was attending a Funeral. - 2 - ITEM # 24731 Mayor Heischober 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 MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: 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. Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council voted to proceed into EXFCUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry MCCOY, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones Januar 6 1986 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUMCIL January 6, 1986 2:15 P.M. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, January 6, 1986, at 2:15 P.M. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Jean T. Rutherford Beachgrove Bethel United Methodist Churcb PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Januar - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA ITEM # 24732 Councilman Jennings referenced an Ordinance, upon FIRST READING to accept and approrpiate $150,000 from the Commission of Ga-e aud Inland Fisheries for the renovation of Owl Creek Boat Ramp. (See Item II-J.4 of the Consent Agenda). Councilman Jennings requested Staff prepare estimates of the City's contributions through the Marine Gas Tax. Item II-D.2 CONSENT AGENDA ITEM # 24733 Concilman Fentess inquired concerning the LOW BID of Hydro Corporation in the amount of $148,884 for the Potters Sand Fence - Atlantic Ocean Underwater Obstruction Removal - CIP 2-826; and, to authorize the City Manager to negotiate the necessary documents. (See Item II-J.7 of the Consent Agenda). This entails a "no-cure-no-pay contract"; however, Donald Trueblood, Chief Engineer, adivsed the City is obligated for $10,000 of the mobilization costs. Item II-D.3 CONSENT AGENDA ITEM # 24734 Councilwoman Oberndorf referenced the LOW BID of Luke Construction Co., Inc. in the amount of $327,267.90 for the Resort Area Advisory Commission Demonstration Project - Boardwalk Overlooks, 13th Street, 14th Street and 20th Street - CIP 3-962; and, to authorize the City Manager to negotiate the necessary documents. (See Item II-J.8 of the Consent Agenda.) The City Ma:nager advised the Staff anticipated this "Changeover" would cause a reduction in the cost. January 6, 1986 - 5 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 ANNOUNCEMENT ITEM # 24735 The Mayor referenced the Ordinance to amend and reordain Section 37-7, 37-8, 37-9, 37-10, 37-11, and 37-12 and ADD Sectious 37-7.1 and 37-7.2 to the Code of the City of Virginia Beach, Virginia, pertining to tap and meter installation fees and WATER PESOURCE RECOVERY FEES. (See Item II-I.2 of ORDINANCES). The Mayor advised Councilwoman Barbara Henley and the the City Manager will make a statement concerning WELL USERS. 6 Item II-F.1 MINUTES ITEM # 24736 Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City Council APPROVED the MINUTES of December 16, 1985, AND, the SPECIAL MEETING of December 19, 1985. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 7 - Item II-G.1 PRESENTATIONS ITEM # 24737 The Mayor presented a RESOLUTION IN MEMORIAM for: SALLY A. MARCEL David A. Marcel, her husband ACCEPTED this Resolution. Dr. Marlene Hager, Registrar, was also in attendance. This RESOLUTION recognized Sally A. Marcel's many contributions to the City, as Assistant Registrar for twelve years. 8 Item II-H.1 PLANNING - REQUEST FOR WAIVER ITEM # 24738 Attorney J. B. Lonergan represented the applicant and referenced agreement which reduced the BUFFER from 100-feet to 40-feet. The following adjacent residents were in attendance but did not speak: Hunter Nye Dori Neher Robert Yoder Architects rendering of proposed CMC Office Building is hereby made a part of the record. AGREEMENT has been submitted in ACCEPTABLE AND RECORDABLE FORM (Said Agreement is hereby made a part of the record.) Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council NODIFIED a Condition imposed upon the application of VIRGINIA BEACH FEDERAL SAVINGS & LOAN ASOCIATION for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on a 3.6-acre parcel located on the west side of First Colonial Road north of Wolfsnare Road (Lynnhaven Borough). This Application was APPROVED by City Council on March 17, 1980. The Condition to be MODIFIED: 1. A 100=fz5,oT 40-foot buffer along the western property line where existing trees are to be maintained. Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: None January 6, 1986 9 Item II-H.2 PLANNING ITEM 24739 Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council DEFERRED for two weeks until the City Council Meeting of January 21, 1986, Application of HARRY S. AND JFAN W. ROGERS for a Variance to Section 4.4(b) of the Subdivision Ordinance: Appeal from Decisions of Administrative Officer, in regard to certain elements of the Subdivisio, Ordinance, Subdivision for Harry S. and Jean W. Rogers. Property is located at 5613 Normandy Avenue. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Application is DEFERRFJ) to enable submittal of AGELEEMENT. Letter from Richard Browner dated January 3, 1986, referencing AGREEMENT is hereby made a part of the record. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: J. Henry McCoy, Jr., D.D.S. Council Members Absent: None - 10 - Item II-I.1 ORDINANCES ITEM # 24740 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED: Ordinance to Amend and Reordain Section 35-66 of the Code of the City of Virginia Beach, Virginia, by ADDING thereto a new Subsection (c) pertaining to the late filing of affidavits. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None -10a - REQUESTED BY: COUNCILMAN JACK JENNINGS AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-66 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING THERETO A NEW SUBSECTION (c) PERTAINING TO THE LATE FILING OF AFFIDAVITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-66 of the Code of the City of Virginia Beach, Virginia, be amended and reordained by adding thereto subsection (c) to read as follows: Sec. 35-66. Applicant's affidavit and certificate of disability. (c) The city manager is hereby authorized to accept and process late filings of the affidavits described in subsections (a) and (b) above until January 31st of the tax year for which exemption, deferral or freeze is sought. The city manager shall accept and process such late filings in cases of (1) first time applicants, or (2) where he determines that the failure to grant the exemption, deferral or freeze would serve to create an extreme hardship for the applicant. This Ordinance shall become effective from the date of its adoption. Adopted this 6 day of Janaury 1986, by the Council of the City of Virginia Beach, Virginia. Authority: Section 58.1-3213, Code of virginia GLF/da/rab 12/9/85 12/20/85 12/30/85 (A) AP@OOD ASCO CONTENT: d -- - APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City torney Item II-I.2 ORDINANCES ITEM 24741 Councilwoman Henley reiterated Council's concern relative the effect of the IMPACT FEE on Well Users. These concerns will be addressed at a future Council Meeting. The City Manager advised of the following concepts relative Well Users: 1. A Mandatory Connection Ordinance would be held in abeyance for 10 years, except in neighborhoods where 75% of the property owenrs either signed contracts or petition for the service. 2. Give existing residents served by private wells until June 30, 1986, to obtain sufficient neighborhood contracts to qualify for public water service. If, such a percentage of residents request service, then the Water Resource Recovery Fee would be the fee in effect at the time the contracts are signed and such amounts would be due at the time the City provides the service. 3 Change the financing option to extend the payments for payback from the current four years to eight or ten years at the existing interest of eight percent (8%). 4. When the staff can examine those projects included in the current Capital Improvement Program and those neighborhods who have met the 75% petition requirements in compliance with the City Code, the staff could provide Council with a recommendation for an appropriate method of addressing those conditions at a future Council Meeting. Within approximately thirty days, this issue concerning the Well Users will be RECONSIDERED by City Council. The following spoke in support of this Ordinance: Rae LeSesne, resident Chauncey Black, resident and presented to Council a fact sheet concerning Population relative Households and Water Cost per Single Family Households. Same is hereby made a part of the record. Irvin A. Douglas, citizen The following spoke in OPPOSTION to said Ordinance: Attorney Richard Guy, for Tidewater Builders Association Bill Sykes, builder Ray Estes, represented Sea Breeze Farm Civic League Attorney Robert Cromwell represented the Breeden Company John J. Lenandowski, well user Lee A. Williams, resident of Doyle Way Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED, AS REVISED*: Ordinance to amend and reordain Section 37-7, 37-8, 37-9, 37-10, 37-11, and 37-12 and ADD Sections 37-7.1 and 37-7.2 to the Code of the City of Virginia Beach, Virginia, pertaining to tap and meter installation fees and WATER RESOURCE ELECOVERY FEES. Januar 6 1986 - 12 - Item II-1.2 ITEM # 24741 (Continued) The City Attorney reiterated the REVISIONS proposed for the Ordinance: Page One, Paragraph 8, beginning with the words "Whereas, the Council of the City of Virginia Beach ..." was ADDED. On Page 3, under Section (b), 1 (i), (ii), and (iii) has been added. On Page 9, Section 37-9 (b) has been added. There has been some consideration to extending the length of that period, but same has not yet been changed. On Page 15, the effective date has been changed to INKEDIATELY UPON ADOPTION. A retroactive date has been eliminated. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, 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: H. Jack Jennings, Jr. and Robert G. Jones Council Members Absent: None Januar 6 - ]2a - AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 37-7, 37-8, 37-9, 37-10, 37-11, AND 37-12 AND ADD SECTIONS 37-7.1 AND 37-7.2 TO THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO TAP AND METER INSTALLATION FEES AND WATER RESOURCE RECOVERY FEES WHEREAS, the Council of the City of Virginia Beach has determined that current water supplies will be inadequate to meet projected demand after 1990; and WHEREAS, the Council of the City of Virginia Beach is attempting to solve this potential water shortage and to provide necessary water for the citizens of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach has authorized and directed numerous studies in order to determine the most appropriate solution to this projected water shortage based upon financial, engineering and legal considerations; and WHEREAS, the Council of the City of Virginia Beach has received and has studied reports from City staff and various consulting agencies encompassing the considerations listed above, and has concluded that the use of water resource recovery fees is an appropriate method of cost recovery; and WHEREAS, the Council of the City of Virginia Beach specifically has received, studied and relied on the recommendations contained in an extensive report from Arthur Young and Company, dated December 1985; and WHEREAS, it is the express intention of the Council of the City of Virginia Beach that a separate account be established in order to segregate the monies collected under this Ordinance so that said monies shall only be used to finance programs designed to solve this impending water shortage crisis and associated distribution facilities; and WHEREAS, the Council of the City of Virginia Beach has determined that phasing-in of the recovery fee over the period of one (1) year is the most appropriate method of implementation; NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 37-7 through 37-12 are hereby amended and Sections 37-7.1 and 37-7.2 are hereby added to the Code of the City of Virginia Beach, Virginia, and read as follows: Section 37-7. Tap and meter installation feesT-impaet-fee. The following fees shall be paid for connections to a city water line and for the installation of water meters: (a) Tap and meter fees: (1) 5/8 inch and 3/4 inch tap: Tap and meter $285.00 Meter only $155.00 (2) 1 inch tap: Tap and meter $370.00 Meter only $240.00 (3) 1 1/2 inch or larger tap and/or meter: Cost of labor, materials, and equipment, plus twenty-five percent (25%). (4) When the installation requires a combination of a different size tap and meter than listed above, the charges will be based on cost of labor, materials and equipment, plus twenty-five (25) per cent. +b@--Water-reseeree-impaet-feest +4*--Metere-ef-4-ineh-or-leas $65790 +2+--Meters-ever-4-imeh 6439vG@ +e*.(b) For taps in excess of one (1) inch, an amount shall be placed in escrow based on an estimate of costs by the director of public utilities. Section 37-7.1 Water resource recovery fees (recovery fees), generally. .(a) The fees prescribed by the following subsections of this section shall be paid as the property owner's share of the COSt Of water resource development and associated distribution facilities. Such fees shall be known as "recovery fees." The fees shall be determined on the basis of the drainage fixture unit schedule as provided in the Uniform Statewide Building Code (Plumbing), as amended from time to time. Such fees shall also -2- be applicable to a use or structure presently connected to the water system whenever such use or structure is expanded, changed or modified resulting in an increase in drainage fixture units, and to a use or structure not presently connected to the water system when such use or structure connects. If a property owner has previously paid water line fees but has not obtained a building permit the property owner shall be charged the full amount of applicable line fees and recovery fees, less a credit of any water line fees previously paid. (b) Recovery fees shall be as follows: (1) Each drainage fixture unit shall be charged a recovery fee according to the following schedule: (i) $32.00 per drainaqe fixture unit from the effective date of this Ordinance until June 30, 1986. (ii) $63.00 per drainaqe fixture unit from July 1, 1986, to December 31, 1986. (iii) $95.00 per drainaqe fixture unit effective January 1, 1987. (2) In all cases where a plumbing fixture is not specifically described in the Uniform Statewide Building Code (Plumbing), as amended from time to time, an equivalant drainage fixture unit value for the plumbing fixture shall be computed by the department of public utilities and shall be made a part of the standards and specifications of the department of public utilities. In the event of a dispute as to the amount of fees owed, the property owner may appeal the department of public utilities' decision to the city manager or his designee and, thereafter, to city council. -3- (c) No building or plumbing permit shall be issued for any property, and if issued, shall not be valid, until the fees provided for in this section have been paid. (d) In the case of existing contract agreements between owners and the city regarding water resource impact fees and waiver of water resource impact fees, such agreements shall remain in effect. Section 37-7.2 Water resource recovery fee account. All monies collected as water resource recovery fees under section 37-7.1 shall be deposited into a special account to be known as the "water resource recovery fee account." Monies shall be disbursed from this account to pay costs of projects designed to develop sources of water supply and distribution facilities for the City, and related existing and future debt service. Section 37-8. Water system impeet line fees (line fees), generally. (a) The fees prescribed by the following subsections of this section shall be paid as the property owner's share of the cost of water system installation, such fees to be known as "line fees." Such fees shall also be applicable to a use or structure presently connected to the water system whenever such use or structure is expanded, changed or modified. In such cases, the fees shall be determined on the basis of the total proposed new use or structure, less a credit, at current rates, for the existing use or structure or the last structure, if previously demolished; provided, the property has not been vacant for more than ten (10) years. No credit shall be allowed after ten (10) years. (b) The property owner's share of system installation, where connection is made to a line or pumping station being a part of the system within the city, installed-or-perehased-by-the eibyT shall be as follows: (1) Single-family residences: -4- a. For the first 100 feet, or portion thereof, of frontage: $650,GG $400.00. b. For each foot of frontage in excess of 100 feet: $6T59 $4.00. In cases where the front footage is 1.5 or more times greater than the rear yard footage, the front footage, ior the purposes of this subsection, shall be determined by adding the front and rear yard lengths and dividing that sum by two (2). Whenever a water line is located on two (2) sides of a parcel, the shorter side shall be the one upon which the determination of front footage shall be calculated. Whenever a water line is located on only one side of a parcel, that side shall be used for the purpose of front footage. In cases where there are frontages on residences zoned for agricultural use which are larger than the minimum frontage requirements for residential property, the director of the department of public utilities may authorize line fees to be computed based on the minimum front footage for residential property for each dwelling unit on the property. In cases where there are frontages on residences zoned for residential use, but actually used for agricultural, horticultural, forest or open space and currently classified and taxed for such use by the real estate assessor, the director of public utilities may authorize line fees to be computed based on the minimum front footage for residential property for each dwelling unit on the property, provided that, in either of the aforementioned cases, the owners of such property shall sign an agreement, to be recorded against the property, that at the time the property is further developed or subdivided or changes title or experiences a change in tax -5- classification, full fees will become due and payable. The rates applicable will be those Prevailing at the time the change to the property takes place and will be based on the land use type which will be in effect after the change. For purposes of line fees only, single-family residences with detached-apartment units shall be charged in accordance with the fees set forth in subsection (3) below. (2) Motels and hotels, per unit: $499.,Go.$245.00. (3) Structures with two (2) or more family residential units, per unit: $44GTOG $295.00. (4) Nursing and convalescent homes, per room [calculated at two (2) beds = one (1) room]: 0460vgg $35.00. (5) Trailers, per space: $240"G $85.00. (6) Professional and office buildings, per 600 square feet of building area: $+6GvGG $35.00. (7) Retail stores, restaurants and shopping centers, per square foot of floor space: $9,+2 $0.08. (8) Industrial, manufacturing, wholesale, assembly, processing and distribution facilities, domestic use, per square foot of floor space: OGT+4 $0.08 (9) Separate warehouse facilities used for storage only, where no industrial activity, manufacturing or processing takes place, per square foot of floor space: $GTga $0.02. (10) In all cases where the use or structure is not described hereinabover line fees for the building, structure, addition, modification or expansion thereto shall be computed as follows: a. The estimated daily flow of the proposed use shall first be determined by the department of public utilities, based on similar actual flows of comparable uses, taking into account -6- the hours of operation, type of use, location and other criteria determinative of estimated flows; then b. This estimated daily flow will be divided by 400, yielding a demand units figure; then c. This demand units figure will be multiplied by the minimum fee applicable to a single-family residence. If an estimated flow cannot be accurately determined, the director of public utilities is authorized to accept a deposit, in advance of actual flows, with the fee to be determined after one year of actual consumption, as per a. through c. above. These fees shall not be charged to a property owner when the property owner must construct an extension to the public water system, which is to become a part thereof, to provide service to a specific parcel or parcels as shown on the approved construction plans. J5*--TrailerST-per-speeel.--$425TGO, -7- rea!4eneer if-an-estimated-fiew-eannet-be-eeeurately aeL-eal-fiewer-with-the-fee-te-be-determined-after fd+(c) A special water line fee for seasonally operated campsite parks connected to any city water main is hereby established. Such fee shall be ninety-five-dellars-+$95799+ eighty-five dollars ($85.00) per camp space. For this fee to be applicable, the owner must enter into a contract with the city providing that, at such future time as the camp park is converted to year-round use, the fees specified in subsections (b)(5) and +e++S* of this section shall be applicable and that the owner shall pay the difference in such fees at the time of conversion to year-round use. +"(d) In no event shall any line fee for any purpose enumerated in this section be less than the amount calculable if the use in question were a single-family residence. Where more than one use or more than one structure is to occur on a single parcel of land, the minimum amount shall apply separately to each individual use or structure. ff+(e) No building or plumbing permit shall be val-44 issued, and if issued, shall not be valid, and no water or sewer tap shall be installed for any property until the fees provided for in this section have been paid. r-eneepL--as-otherwise-previded-in this-artieler +g@(f) In the case of existing contract agreements between owners and the city regarding fees and waiver of fees, such agreements shall remain in effect. Section 37-9. installment, etc., payment of line fees and recovery fees. (a) The director of public utilities is hereby authorized to accept, on behalf of the city, notes for the payment of the line fees due under subsection (b)(1) of section 37-8r and recovery fees due for those same single family residences, if homeowner-occupied. The terms of each such note shall be: all tap and eleameut meter fees, given as a down payment, with the full 41-me remaining fees payable in four (4) equal, annual installments at a rate of interest of eight (8) percent per annum. (b) when a hardship exists, the director of public -9- utilities may allow the down payment line-feeg prescribed in paragraph (a) above, to be paid by installments over a one-year period; or, if the property is being offered for sale, the director of public utilities may enter into an agreement whereby all fees shall be paid from the proceeds of the sale or within ninety (90) days of the date of the agreement, whichever shall be the sooner. Section 37-10. water line fee and recoverz f:5s exemptions - For certain elderly an an icapp persons. (a) Exemption or partial exemption from payment of the line fees prescribed by section 37-8 and the recovery fees prescribed by section 37-7.1 is provided for certain property owners who qualify under this section. The exemption is to be administered by the city manager or his authorized designee, herein referred to as the administrator. The administrator is hereby authorized and empowered to prescribe, adopt and enforce such rules and regulations, including the requirement of answers under oath, as may be reasonably necessary to determine qualifications for exemption. The administrator may require the production of certified tax returns and appraisal reports to establish income and financial worth. (b) Exemptions shall be granted under this section subject to the following provisions: (1) Title to the property for which the line fee and recovery fee exemption is sought must be held or partially held by the applicant at least one hundred and twenty (120) days prior to the installation or scheduled date of installation, whichever comes first, of the water line. (2) The owner of the title or partial title must be sixty-five (65) years of age or older at least one hundred and twenty (120) days prior to the installation or scheduled installation date, whichever comes first, of the water line. If such person is under sixty-five (65) years of age, he or she shall possess a certification by the social security -10- administration, the veteran's administration, or the railroad retirement board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in the commonwealth, to the effect that such person is permanently and totally disabled, as defined in subsection (f) of this section. The affidavit of at least one of such doctors shall be based upon a physical examination of such person by such doctor. The affidavit of one of such doctors may be based upon medical information contained in the records of the civil service commission which is relevant to the standards for determining permanent and total disability as defined in subsection (f) of this section. Such medical affidavits shall be filed with the administrator at such time as the applicant files a water line fee exemption affidavit. (3) The dwelling to be connected to the water line must be the sole dwelling of the applicant claiming exemption. (4) The total combined income during the immediately preceding calendar year from all sources of the owners of the dwelling living therein and of the owner's relatives living in the dwelling does not exceed fifteen thousand dollars ($15,000.00); provided that the first four thousand dollars ($4,000.00) of income of each relative, other than spouse or spouses of the owner or owners living in the dwelling shall not be included in such total. (5) The net combined financial worth of the owner shall not exceed forty thousand ($40,000.00), excluding the fair market value of the house to be connected to the water line. Net combined financial worth shall include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. (c) Persons applying for line fee and recovery fee exemption under this section must file with the administrator a -11- line fee and recovery fee exemption affidavit setting forth, in a manner prescribed by the administrator, the location and value of the property to be connected to the water line, the names of the persons related to the owner and occupying the dwelling, their gross combined income and their net combined financial worth. if such applicant is under sixty-five (65) years of age, medical certification or affidavits, as set forth in subsection (b)(2) of this section shall also be filed with the administrator. (d) Where the person claiming exemption conforms to the standards and does not exceed the limitations contained in this section, the line fee and recovery fee exemptions shall be as shown in the following schedule: Total income, all sources Exemption s 00.00 - 9,000.00 100% 9,001.00 - 10,000.00 80% 10,001.00 - 11,000.00 60% 11,001.00 - 13,000.00 40% 13,001.00 - 15,000.00 20% (e) If, within twelve (12) months after the line fee and recovery fee exemption is obtained under this section, the applicant's financial position should change so that its effect would be to remove the person holding the exemption from within the limits and standards of this section, then the person holding the exemption shall refund the amount of the exemption to the city. (f) For purposes of this section, a person is permanently and totally disabled if he is so certified as required in subsection (b)(2) of this section and is found by the administrator to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of such person's life. -12- (g) Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 1 misdemeanor. Section 37-11. Same - For certain financially disadvantaged persons generally. (a) Exemption or partial exemption from payment of the line fees prescribed by section 37-8 and the recovery fees prescribed by section 37-7.1 is provided for certain financially disadvantaged property owners who qualify under this section. The exemption is to be administered by the city manager or his authorized designee, herein referred to as the administrator. The administrator is hereby authorized and empowered to prescribe, adopt and enforce such rules and regulations, including the requirement of answers under oath, as may be reasonably necessary to determine qualifications for exemption. The administrator may require the production of certified tax returns and appraisal reports to establish income and financial worth. (b) Exemptions shall be granted under this section subject to the following provisions: (1) Title to the property for which the line fee and recovery fee exemption is sought must be held or partially held by the applicant at least one hundred twenty (120) days prior to the installation, or scheduled date of installation, whichever comes first, of the water line. (2) The dwelling to be connected to the water line must be the sole dwelling of the applicant claiming the exemption. (3) The total combined income of the owner and the owner's relatives living in the household during the year immediately preceding the installation must be determined by the -13- administrator as not exceeding four thousand dollars ($4,000.00). (4) The net combined financial worth of the owner shall not exceed twenty thousand dollars ($20,000.00), excluding the fair market value of the house to be connected to the water line. Net combined financial worth shall include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. (c) Persons applying for line fee and recovery fee exemptions under this section must file, with the administrator, a line fee and recovery fee exemption affidavit setting forth, in a manner prescribed by the administrator, the location and value of the property to be connected to the line, the names of the persons related to the owner and occupying the dwelling and their gross combined income and their net combined financial worth. (d) where the person claiming an exemption conforms to the standards and does not exceed the limitations contained in this section, the line fee and recovery fee exemptions shall be as shown on the following schedule: Total income, all sources Exemption $ 00.00 - $2,000.00 100% 2,001.00 - 3,000.00 80% 3,001.00 - 4,000.00 60% (e) If, within twelve (12) months after a line fee and recovery fee exemption is obtained under this section, the applicant's financial position should change so that its effect would be to remove the person holding the exemption from within the limits and standards of this section, then the person holding the exemption shall refund the amount of the exemption of the city. (f) Any person falsely claiming an exemption or violating any provisions of this section shall be guilty of a Class 1 misdemeanor. -14- Section 37-12. Same - Same - Families in community development target areas. Where connection is made to the public water system installed in a community development target area, no line fee or recovery fee shall be due under this article from property owners who qualify as low and moderate income as determined by the Secretary of Housing and Urban Development or by the Virginia Housing Development Authority under one or more of their rental assistance or homeownership mortgage programs. Through agreement with the city, waivers of line fees and recovery fees may also be provided to builders who are building under the aforementioned programs for low and moderate income families. It is the intention of City Council that each separate provision of these Ordinances shall be deemed independent of all other provisions herein, and it is further the intention of City Council that if any provision of these Ordinances be declared invalid, all other provisions thereof remain valid and enforceable. An emergency is hereby declared to be in effect and these Ordinances shall become effective immediately upon their adoption. 1986 Adopted this 6 day of January T505, by the Council of the City of Virginia Beach, Virginia. KJC/RMB/da - H - 12/11/85, 12/12/85, 1/5/86, 1/6/85 (IIB) -15- - 13 - Item II-J CONSENT AGENDA ITEM # 24742 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 14 - Item II-J-1 CONSENT AGENDA ITEM # 24743 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Resolution in Recognition: Teresa Ann Eaton Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. -14a - RESOLUTION IN RECOGNITION TO TERESA ANN EATON WHEREAS: 4-H is the world's largest, dynamic, informal development educational program for young people; WHEREAS: The underlying objective of the Virginia Beach 4-H program is the development of the individual person, their skills, self-esteem, and self-worth; WHEREAS: Teresa Ann Eaton has served as Urban 4-11 Technician and a member of the City's Department of Agriculture staff with the primary responsibility of recruiting adults and youth to establish new 4-H Clubs in Virginia Beach. Prior to this, she served as the Virginia Beach 4-H Program's Coordinator of Volunteer Support Services; WHEREAS: She has been recognized for her outstanding volunteer service to the Virginia Beach 4-H Program as organizational leader of the Black Stallions 4-H Club in Carper Housing. She developed 4-H recruitment flyers, posters and a Virginia Beach 4-H Resource Guide, taught classes, wrote newsletter articles, served on curriculum committees, camp volunteer, Dean of Women at State 4-H Intermediate Congress and Vice-President of the Virginia Beach 4-H Volunteer Leaders Association; WHEREAS: While accomplishing these many services, she always managed to be an Outstanding Municipal Employee, Volunteer, Friend, Mother and Wife; and, WHEREAS: Teresa Ann Eaton will be relocating to Texas with her family while continuing to be a true Ambassador for the 4-H Program. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled recognizes TERESA ANN EATON for her unselfish contributions to this City and do hereby wish the Eaton family the very best in their move. In behalf of the Virginia Beach City Council Given under my hand and seal this Twentieth day of December Nineteen Hundred Eighty-Five. Mayor - 15 - Item II-J-2 CONSENT AGENDA ITEM # 24744 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Resolution In Memoriam: Sally A. Marcel Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. -15a - RESOLUTION IN WHORIM SALLY A. M"CEL WHEREAS: The City was saddened by the death of Sally A. Marcel, Assistant Registrar, on November 25, 1985; WHEREAS: Sally Marcel served the City of Virginia Beach as Assistant Registrar for twelve years at the Pembroke-Aragona Pharmacy and assisted in registering more than 10,000 voters. She extended herself for the citizens of this community by being available to the voters on the hours appointed, issuing change of address forms and making it possible for every resident to vote by being open from 9:00 AM to 5:00 PM on the day the books closed for registration for each election. She was prompt in forwarding all registrations to the General Registrar's Office, and making things easier at a very busy and hectic time. All her many duties for the residents, were done in a quiet demeanor, always helpful and with empathy, always available to take that extra step that meant a person would be eligible to vote. She was a credit to the City of Virginia Beach for she exemplified an unselfish and unwavering devotion to help make this City a better place to live; and, WHEREAS: Mrs. Marcel was very active in the Memorial United Methodist Church and had, at one time, been appointed as Chairman of the Administrative Board. Although very busy with these activities, she also made time to head the Pastoral Parish Relations Committee and participated in the church choir. Her untiring service to both the City of Virginina Beach and to her church and community, will only endear her memory to all that have had the good fortune to meet and work with her. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses in its deliberations this Sixth day of January, Nineteen Hundred and Eighty-Six to recognize the many attributes of Sally A. Marcel and share in the loss of this dedicated citizen with her husband David and her daugbters Julie and Pattie. In behalf of the Virginia Beach City Council, Given under my hand and seal this Sixth day of January Nineteen Hundred Eighty-Six. Mayor - 16 - Item II-J-3 CONSENT AGENDA ITEM # 24745 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to direct and authorize the City Manager to execute an addendum to the Virginia Beach Arts Center, Inc., lease Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. -16a - AN ORDINANCE TO DIRECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE VIRGINIA BEACH ARTS CENTER, INC., LEASE WHEREAS, the City of Virginia Beach presently leases the property owned at the southeast corner of the intersection of 18th Street and Arctic Avenue, virginia Beach, Virginia, to Virginia Beach Arts Center, Inc.; and WHEREAS, the Virginia Beach Arts Center, Inc., hereinafter the "Arts Center," has requested the right to charge for parking on the property for the purpose of generating funds for the Arts Center; and WHEREAS, City Council has no objection to the request, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is directed and authorized to execute an Addendum to the Lease between the City and the Arts Center, allowing the Arts Center to charge for parking on the leased premises, provided the proceeds are used for the Arts Center. Adopted this 6 day of Jnaaury 1986, by the Council of the City of Virginia Beach, Virginia. RJN/da (5) 12/18/85 12/31/85 APPROVED AS. SIG@4ATUR@. D E P A,", APPROVED A,,-@ THIS ADDENDUM dated this the day of -, 1985, by and between THE CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter the "City," and VIRGINIA BEACH ARTS CENTER, INC., a Virqinia corporation, hereinafter the "Arts Center," W I T N E S S E T H WHEREAS, the City and the Arts Center entered into a Lease on April 13, 1979, for the followinq described property: Described as Lots 14, 16, 18, and 20 of Block 30 located at the southeast corner of the intersection of 18th and Arctic Avenue and described in Deed Book 251 at Page 243 (formerly property known as Public Works Building); and WHEREAS, the Arts Center has recently requested permission to utilize the parking lot located on the property as a paid parking facility for persons visiting the beach and to utilize the proceeds from such operation for the benefit of the Arts Center; and WHEREAS, the City has no objection to this request, NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. That the Lease, dated April 13, 1979, by and between the City and the Arts Center, be, and the same hereby is, amended by adding the following paragraph: 13. The Arts Center may utilize the parkinq lot on the above-described property as a paid parkinq facility. The proceeds of such activity are to be used by the Arts Center for the purpose of defrayinq the costs of its operation. WITNESS the following signatures and seals: CITY OF VIRGINIA BEACH By--@it:F@an ger ATTEST: City Clerk VIRGINIA BEACH ARTS CENTER, INC. By Presiaent ATT TO CONTENTS Nr FORM SIG'@4AIUkE CITY ATTORNEY -2- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such are signed to the foregoing Addendum, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1985. Notary Public my Commission Expires:_ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Edwin C. Kellam a Notary Public in and for the City and State aforesaid, do hereby certify that KA@At,Aj 0 ,5 /-* @ v-- ,, President, and t@. 15. )@,64A -to Secretary, for VIRGINIA BEACH ARTS CENTER, INC., whose name as such are signed to the foregoing Addendum, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this /f day of J-a)vr- 1985. Notary Publ My Commission Expires: 6.1 - RJN/da - 5/31/85 -3- - 17 - Item II-J-4 CONSENT AGENDA ITEM # 24746 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED: Ordinance upon FIRST READING to accept and appropriate $150,000 from the Commission of Game and Inland Fisheries for the renovation of Owl Creek Boat Ramp Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. Januar 6 1986 - 17a - AN ORDINANCE TO ACCEPT AND APPROPRIATE $150,000 FROM THE COMMISSION OF GAME AND INLAND FISHERIES FOR THE RENOVATION OF OWL CREEK BOAT RAMP WHEREAS, city staff has been working with Lhe Commission of Game and Inland Fisheries since 1981 to secure funding to expand and renovate the Owl Creek Boat Ramp, and WHEREAS, to expedite construction the Commission has agreed to let the city administer the project with the Commissioii to reimburse expenditures up to $150,000, and WHEREAS, the cost of improvements to the Owl Creek Boat Ramp is not expected to exceed $150,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that project #4-937 Owl Creek Boat Ramp Renovations is hereby established as a capital project with funds in the amount of $150,000 appropriated for this project. BE IT FURTHER ORDAINED that the appropriations be offset by an increase of $150,000 in estimated revenues for expenditure reimbursements from the Commission of Game and Inland Fisheries. FIRST READING: Janaury 6, 1986 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1986. PWC 13/ORD5 - 18 - Item II-J-5 CONSENT AGENDA ITEM # 24747 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED: Ordinance upon SECOND READING to accept and appropriate $20,000 from Chapel Hill Associates for recreational facilities in the Jamestown Subdivision Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr, D.D.S. Janaur 6 1986 -18a - AN ORDINANCE TO ACCEPT AND APPROPRIATE $20,000 FROK CHAPEL HILL ASSOCIATES FOR FTECREATIONAL FACILITIES IN THE JAMESTOWN SUBDIVISION WHEREAS, Chapel Hill Builders, the developer of Jamestown Townhouse Subdivision, has agreed to dedicate a 1.2 acre site that would include a pool, and WHEREAS, the developer has been maintaining the swiming pool for the past nine years, and WHEREAS, due to the expense involved in maintaining the pool, the deve- loper wishes to discontinue the upkeep of the pool, and WHEREAS, Chapel Hill will dedicate by deed to the City the recreational site known and designated as Parcel B in Section 1 of Jamestown, and the City will accept sam in full satisfaction of the recreational space requirements imposed by the subdivision ordinance for the subdivision of Jamestown, and WHEREAS, Chapel Hill will additionally pay $20,000 to the City to be used by the City for the installation of such other recreational facilities on the site that the City deems appropriate, and WHEREAS, Chapel Hill will further post a $10,000 bond, which shall remain posted for a period of two years from the date of agreement, which shall be acceptable to the City in form and type for the purpose of offsetting legal expenses, if any, that are incurced by the City in the event the City decides to fill-in the existing swimming pool, and WHEREAS, the City will expeditiously review and process the subdivision plats for the remaining sections of Jamestoiin. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City accepts and appropriates $20,000 from Chapel Hill, and also accepts the $10,000 bond to be posted by same. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Seach, Virginia on the 6 January 1986 day of FIRST READING: December 16, 1985 SECOND READING: January 6,-1986 PWC 13/ORD4 - 19 - Item II-J-6 CONSENT AGENDA ITEM # 24748 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED the APPOINTMENT OF VIEWERS: Ordinance closing, vacating, and discontinuing a portion of that certain street known as Ohio Avenue, as shown upon that certain plat entitled, .. plat showing a portion of Ohio Avenue to be closed and vacated by the City of Virginia Beach, Virginia" The Viewers are: Robert J. Scott Director of Planning David Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abse.-it: J. Henry McCoy, Jr, D.D.S. January 6, 1986 -19a - IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS OHIO AVENUE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING A PORTION OF OHIO AVENUE TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA, KEMPSVILLE BOROUGH,,' WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Princess Anne Mobile Homes Incorporated, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virqinia, as amended, the Petitioner applies for the vacatinq, closing, and discontinuance of a portion of that certain street known as Ohio Avenue, which is more specifically described as follows: Beqinninq at a point on the Southern side of Euclid Road (formerly Holland Swamp Road) which point of beqinning is South 051 051 21" West 75.53 feet as measured alonq the property line of the property now or formerly Woodrow W. Ford, Jr., from Norfolk Southern Corporation Right of Way and from said point of beginning; running thence South 051 051 21" West 254.34 feet to a point; thence turning and running alonq the arc of a circle the radius of which is 50 feet the delta of 411 241 35" the arc of which is 36.14 feet the tangent of which is 18.90 feet the chord of which is 35.36 feet to a point; thence continuing along the arc of a circle the radius of which is 50 feet the delta 2620 491 10" arc of 229.35 feet the chord of which is 75.00 feet to a point; thence continuinq along the arc of a circle the radius of which is 50 feet the delta 411 241 35" the arc of 36.14 feet the tanqent of 18.90 feet and the chord of 35.36 feet to a point; thence runninq North 050 051 211 East 254.34 feet to the northern property line of KELLAM, Princess Anne Mobile Homes Incorporated; PICKRELL thence turninq and runninq North 840 541 391 & LAWLER west 50 feet more or less to the point of .@OR.EYS T @W beqinninq. NORFOLK, VA. Said parcel of land being a portion of Ohio Avenue, as @ILE indicated on that certain plat entitled, 'Plat Showing A Portion - 19b - Of Ohio Avenue, to be closed and vacated by the City of 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. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petition 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 day of , 1985, 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 day of 1985, notice of the presenting of this application was published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virqinia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street have been notified in accordance with ordinance. Respectfully submitted, PRINCESS ANNE MOBILE HOMES INCORPORATED KELLAM, By: @ Counsel PICKRELL 0 & LAWLER A@O..El. A@ L- NORFOLK. VA. KELLAM, PICKRELL & LAWLER (Edwin C. Kellam) 1020 First American Bank Buildinq 300 Main Street Norfolk, Virqinia 23510 - 19C - ORDINANCE APPOINTING VIEWERS WHEREAS, PrincesS Anne mobile Homes Incorporated has qiven due and proper notice, in accordance with the statutes for such cases made and provided that he will on the 6th day of January , 1986, apply to the City Council of the City of virginia 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 the discontinuance of the hereinafter described portion of that certain road 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- Robert .7- q,,tt David G. Grochmal and C. Oral Lambert, Jr. 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 50 feet in width located in the City of Virginia Beach, Virqinia, known as Ohio Avenue and more particularly described as follows: KELLAM, Beqinning at a point on the Southern side of PICKRELL Euclid Road (formerly Holland Swamp Road) & LAWLER which point of beginning is South 051 051 A-0.@EYS - @W 21' West 75.53 feet as measured alonq the NORFOLK, VA, property line of the property now or @IL. -. - 19d - formerly Woodrow W. Ford, Jr., from Norfolk Southern Corporation Right of Way and from said point of beginning; running thence south 051 051 211 West 254.34 feet to a point; thence turning and running alonq the arc of a circle the radius of which is 50 feet the delta of 41- 24, 35- the arc of which is 36.14 feet the tangent of which is 18.90 feet the chord of which is 35.36 feet to a point; thence continuing along the arc of a circle the radius of which is 50 feet the delta 262@ 49' 10- arc of 229.35 feet the chord of which is 75.00 feet to a point; thence continuing along the arc of a circle the radius of which is 50 feet the delta 41* 241 35' the arc of 36.14 feet the tangent of 18.90 feet and the chord of 35.36 feet to a point; thence runninq North 05@ 05' 21" East 254.34 feet to the northern property line of Princess Anne Mobile Homes Incorporated; thence turninq and running North 84* 54' 39" west 50 feet more or less to the point of beginning. All the above as shown upon that certain plat entitled, 'Plat Showing A Portion Of Ohio Avenue To Be Closed And Vacated By The City of Virginia Beach, Virginia,,, which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closinq the aforedescribed street. APPRC\;'- KELLAM, PICKRELL & LAWLER A-...IS T @W NORFOLK. VA. ADOTPED: Janaury 6, 1986 - 20 - Item II-J-7 CONSENT AGENDA ITEM # 24749 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED: LOW BID of Hydro Corporation in the amount of $148,884 for the Potters Sand Fence - Atlantic Ocean Underwater Obstruction Removal - CIP 2-826; and, to authorize the City Manager to negotiate the necessary documents Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor liarold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. January 6, 1986 - 21 - Item II-J-8 CONSENT AGENDA ITEM # 24750 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED: LOW BID of Luke Coltstruction Co., Inc. in the amount of $327,267.90 for the Resort Area Advisory Commission Demonstration Project - Boardwalk Overlooks, 13th Street, 14th Street and 20th Street - CIP 3-962; and, to authorize the City Manager to negotiate the necessary documents Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 22 - Item II-J-9 CONSENT AGENDA ITEM # 24751 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council APPROVED: BINGO/RAFFLE PERMITS Sandbridge Fire Brigade, Inc. Bingo Virginia Bear-h Association of Gifted and Talented Raffle Filipino Women's Club of Tidewater, Inc. Bingo/Raffle Marcbing Cavaliers Parents Association Bingo/Raffle Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 23 - Item II-J-10 CONSENT AGENDA ITEM # 24752 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED the Ordinance authorizing tax refunds in the amount of $3,215.54 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. Janaury 6, 1986 23a - 121201186 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT L3E IT OHDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1-ilat tlie toil,)Wiilg applications for tax rctuiids upo(i certitication of the Treasurer are hereby Ipproved: NAME Tax Tyf)e Ticket Exonera- Date Penalty tit. Total Year of Tax Nuinber tion No. Paid J Cdlvitt & Mary J Clarke 85 RE(]/2) 17354-4 12/5/84 2.16 J Cdlvitt & Mary J Clarke 85 RE(2/2) 17354-4 6/5/85 2.16 Keiiipsville Lake #1 86 RE(1/2) 52806-4 10/21/85 853.20 Atlant-ic Periijariert S & L 85 RE(1/2) 6313-7 12/5/84 74.53 Atldntic Periiidilent S & L 85 RE(2/2) 6313-7 6/5/85 74.53 Hugo A & Helen W Owens 85 RE(]/2) 69375-0 12/5/84 237.30 Sally t,! Ilerot 84 RE(1/2) 68007-9 11/4/83 88.77 Sally M Perot 84 RE(2/2) 68007-9 5/16/84 88.77 Sdlly M Perot 85 RE(1/2) 71680-6 11/7/84 140.00 Walter L Kii@sey 85 pp 88875-4 46577 6/5/85 236.28 Wdlte@- L @,iiisey 85 pp 88876-3 46578 6/5/85 282.78 Ddvid A Cool 85 pp 186420-5 46724 11/13/85 15.00 Duncari K buchanan 85 pp 21244-9 46759 6/5/85 27.00 Lewis Mi@ou 85 pp 108149-0 46817 6/5/85 17.70 Kathy A Van Schoyck 85 pp 162654-4 46806 8/21/8'D 119.96 Tid(,@ater Medical Rentals 85 pp 158397-4 46856 5/28/85 119.40 Fredet-ick Del,ouctie 85 pp 41947-7 46864 6/5/85 94.50 Williciiii H Luelld MJuliari 85 pp 85360-2 46853 6/5/85 69.00 Edwot,d 8 I-evitt 85 pp 95524-2 11/30/85 32.36 Edwdv,d B Levitt 85 pp 95525-3 11/22/85 11.06 Wilderriess Hot lub Inc 84 pp 204834-7 46872 11/21/84 559.08 Joti(iiiie k Flo@iers Jr 85 pp 53584-0 46895 6/5/85 30.00 T@iof[tas C @-et-g@son 85 pp 51798-6 46918 6/3/85 30.00 De,iri C @4ii-,slow N/A Pkrig 85711 11/12/85 10.00 Total 3,215.54 flil, ordif@ ril;e @hill be effective frc)ni date, of adoption. The Libove abatement(s) totaiiiig Certified as to payment, $3,215.54 wc-re approvld by t@l@ C LIIIC@L of ttiu (,ity of Virgiiiia be,acli on thc day ot Janaury.,1986 ,6 Johii T. Atkinsoll /re Approved as t@, forun-. Rutri H@)ag,3s Smith C,,ty CI,2rk @/L) ity Attoriiey - 24 - Item II-J-11 CONSENT AGENDA ITEM # 24753 Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED the Ordinance authorizing license refunds in the amount of $5,135.91 upon application of certain persons and upon certification of the Commissioner of Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. 24a - AN ORDINANCE ALJTHORIZING LICENSE REFLiND,,i L)PON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATIC)N (DF THE CC)MMISSIONER OF THE REVENUE bt I f ORDAlf-4ED BY THE COUNCIL OF THE CITY C)F VIRGINIA BEACfi, Vlfi INIA, tlie lollowing applicatioris toi, lj"liis, refunds, LiPO(i certiticatio,i of t@l, @)i tlie, li@i@by ipproveu: NAME L icei)se Date Base Peridity l,it. I-otal Year Paid C@r,c)@ji LvAyi@, I itc. 1532 S,', Ill l@()ad Cheszipeake, VA 23323 1985 Audit 30.13 C fers Iiic. c)f Va. Beach 142 t@lest Oln@v Ro@id l@orfolk, VA 23510 1985 Audit 593.35 Coi!@Q!@;,@, iLan D., (,tdl T/A @lotc_,l C@O AL@SA @'nt@rprises stre(-@t V@. l@each, VA 23451 1984/85 Audit 816.28 5,1@,.2P Certified as to Paymeiit@ )d n c Approv(,d as to forni: L on l@nis u@dinaiic(@ shall be effective froni date of Attorney adopiio[i@ The @bov, totalifig $ l@, 4391. 76 were appfoved by tlic,, Couiicil o@ itio City uf Virgin.a Buicii oti tlie 6 (1@iy al Janaury ,g 86 Rutri Hc)dyus SrTiitti City CI,1/2ik Janaury 6, 1986 24b AN ORDINANCE AUTHORIZINC, LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE !T -UfiL)AINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA@ Ttiat tkie toliowjiig itpplicatiolis tor liceri6e r,-,furids, upoii certification ot tiic-, Cofiiinjssicil,,,, C)t the, R@veiiue afv hei@by appruved: NAiviE Liceiise Date Base Peiial ty I tit Tot@i Year Paid Pc)tt(@i-, Jo@in M. T/I@. li(@,icti 1.@istributors Auto Parts 1828 Ro.(i VirqiiliL@ Bk2acil, VA 23454 1985 Audit 8 3 3 4 q@.34 Rose's St.ofes, Inc. 'I'/'A l@c)s(@,s f,,113 P. 0. Drawer 947 Eic,ndersoii, NC 27536 1985 Audit 2,916.00 2,916.00 Nlu@,liroorn @'arms, Inc. clo I E. Jones 13',-) RoLid V,I. V.@@ 2 3 4 5 4 1984/85 Audit 6 0 2 . 8 7 6 0 Certified as to Payrrietit: x @laucthan Cominissioner ot Revenue Approved as to foriii This urairiaitc@ shall Le effective from (Jate of C ity Attortiey acopiloil. Tht! a@@e auatemeiit(s) totalifig -$3 602. 21 were appruvc,@d by the Couficil of trie City ot Virgiiiia Beach on tlie 6 day of January 6 86 Rutti lluagus Stiiith City Cl@rK 6 Janaury 1986 ,.4c - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS ANL) UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE tIE IT ORDAINED BY THE COUNCIL OF TiiE CITY OF VIRGINIA BEACH, Vlfic,(NIA -1 riit it-.e following applicdtion,5 tor lict@iise refunds, upon cg,(titicalioii of tti CC)II1111;@ll;lc;14,@l ot th@ Hevui,u@ ai@ iiereby appf,)ved: NAME Liceiise Date Base Penalty !Fit -1 otal Year Paid li@)ward R., Ji@. Sui,st-,inc@ Carpet Clearicrs 495-1 W. (@fc)v(, l@o@id V,i. VA 23455 1982/84 Audit 72.10 72.10 Surf & Ski Shop, Ilic. Drive V,i. VA 2 3 4 6 2 19811 Audit 21.2,1 -@]@21 Certified as to Pay'lleti@: han Approvud as to foriii Date Bim s@iall L)E: Effective Irofn date of ity Attoriiey ,Acic)ption. rll,3,boVUabatellieiit(s) totalifig $93.94 were appioved by the Council 01 ill, cliy @l Vilgiiiia bc- cli Oil tlie 6 clay of January 86 Rutr@ iiodgus Sniitti City Clurk janaury 6, 1986 - 25 - Item II-K.1 APPOINTMENTS ITEM # 24754 Upon NOMINATION by Councilman Fentress, City Council REAPPOINTED to the ADVERTISING SELECTION COMMITTEE for a two (2) year term beginning November 1, 1986 and ending December 31, 1987: A. James DeBellis (Staff) Robert E. Fentress (Council) Lynn Fisher (Citizen At Large) Dan Kensil (Citizen) Melvin Koch (Citizen) Pamela Lingle (Staff) Harry B. Price, Jr. (Citizen) Michael Savvides (Citizen) AND, APPOINTED for a term of two (2) years from November 1, 1986 to December 31, 1987: David W. Pender, III (Citizen) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None January 6, 1986 Council Members Absent: None *Verbal Vote - 26 - Item II-K.2 APPOINTMENTS ITEM # 24755 Upon NOMINATION by Councilman Fentress, City Council APPOINTED Robert L. Yoder to the BOARD OF BUILDING CODE APPEALS for a four (4) year term from January 1, 1986 to December 31, 1989. Voting: 11-0 * Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Vote Janaury 6, 1986 - 27 - Item II-K.3 APPOINTMENTS ITEM # 24756 Upon NOMINATION by Councilman Jennings, City Council REAPPOINTED to the 00@ITY SERVICES BOARD for three (3) year terms from January 1, 1986, to December 31, 1988: Joan Chebetar Nancy L. Clark William 0. Halteman Madelyn Richardson Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 28 - Item II-K.4 ITEM # 24757 APPOINTMENTS Upon NOMINATION by Councilwoman Oberndorf, City Council APPOINTED to the DEVELOPMENT AUTHORITY Clinton W. Shanks to complete the unexpired term of Delegate-Elect Harry R. Purkey to August 31, 1987. Voting: 11-0 * Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 29 - Item II-K.5 APPOINTMENTS ITEM # 24758 Upon NOMINATION by Councilman McCoy, City Council REAPPOINTED to the FRANCES LAND HOUSE BOARD OF GOVERNORS for three (3) year terms from January 1, 1986, to December 31, 1988: James N. Fletcher Donald Fraser Janet Werndli AND, APPOINTED for a three (3) year term from January 1, 1986, to December 31, 1988: Richard E. R. Rumble Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 30 - Item II-K.6 APPOINTMENTS ITEM # 24759 Upon NOMINATION by Councilman Baum, City Council REAPPOINTED to the PLANNING COMMISSION for four (4) year terms from January 1, 1986, to December 31, 1989: Thomas M. Ammons, III (At Large) Albert W. Balko (At Large) AND, APPOINTED for four (4) year terms from January 1, 1986, to December 31, 1989: Donald H. Horsley (Blackwater Borough) Bryan Evans, Jr. (Princess Anne Borough) In compliance with City Council's Ordinance adopted July 1, 1985, (Item No. 23867), City Council designated: Charles L. Krummel as the Lynnhaven Borough Representative. Voting: 11-0* Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal vote Janaur 6 1986 - 31 - Item II-K.7 APPOINTMENTS ITEM # 24760 Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED to the BOARD OF PLUMBINC AND MECHANICAL APPEALS for two (2) year terms from January 1, 1986, to December 31, 1987: William L. Hendricks Level II Mechanical Worker Donald D. Jones, Jr. Master Plumber Davin V. White, Jr. Building Contractor AND, APPOINTED for a two year term from January 1, 1986 to December 31, 1987: Arnold 1. Rosenberg Professional Engineer Voting: 11-0* Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jenniugs, Jr., 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: None *Verbal Vote - 32 - Item II-K.8 APPOINTMENTS ITEM # 24761 Upon NOMINATION by Vice Mayor McClanan, City Council APPOINTED to the RESORT ARKA ADVISORY COMMISSION: Robert Vakos Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 33 - Item II-K.9 APPOINTMENTS ITEM # 24762 Upon NOMINATION by Councilwoman Creech, City Council REAPPOINTED to the SCHOOL BOARD for three (3) year terms from January 1, 1986 to December 31, 1988: B. G. Campbell (Kempsville Borough) Andrew W. Ege, Jr. (At Large) AND, "POINTED for three (3) year terms from January 1, 1986, to December 31, 1988: Floyd Taylor (Pungo Borough) Ulysses Spiva (At Large) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal vote - 34 - Item II-K.10 APPOINTMENTS ITEM # 24763 Upon NOMINATION by Councilman Robert Jones, City Council REAPPOINTED to the SOUTHEASTEP,N VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) for a four (4) year term from January 1, 1986, to December 31, 1989: J. Roy Alphin Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal vote January 6, 1986 - 35 - Item II-K.11 APPOINTMENTS ITEM # 24764 Upon NOMINATION by Councilman Fentress, City Council APPOINTED to the TIDEWATER COMMITY COLLEGE BOARD for an extended four (4) year term ending June 30, 1990: William Moosha Voting: ii-o* Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 36 - Item II-K.12 APPOINTMENTS ITEM # 24765 Upon NONINATION by Councilman Louis Jones, City Council REAPPOINTED to the TIDEWATER STADIUM AUTHORITY for a three (3) year term from January 1, 1986, to December 31, 1988: Allan N. Rothenberg Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 37 - Item II-K.13 APPOINTMENTS ITEM # 24766 Upon NOMINATION by Councilwoman Oberndorf, City Council APPOINTED to the VIRGINIA BEACH CO@ITY DEVELOPMENT CORPOR.ATION: Four (4) year terms from January 1, 1986, to December 31, 1989: Wylie Cooke Charles M. Reynolds Mason Moton Three (3) year terms from January 1, 1986, to December 31, 1988: James Lindsey John E. Boon, Sr. Two (2) year terms from January 1, 1986, to December 31, 1987: Dorcas Helfant John Perry Ronald Proctor (EX OFFICIO) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 38 - Item II-K.14 APPOINTMENTS ITEM # 24767 Upon NOMINATION by Councilman Jennings, City Council REAPPOINTED to the VOLUNTEER COUNCIL for a one (1) year term from January 1, 1986, to December 31, 1986: Marnie Morgan, Coordinator Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Vote January 6, 1986 - 39 - Item II-K.15 APPOINTMENTS ITEM # 24768 City Council CONFIRMED for the record the Virginia Beach Circuit Court's REAPPOINTMENT to the BOARD OF ZONING APPEALS for a five (5) year term from January 1, 1986, to December 31, 1990: William B. Smith Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal vote JanuarY 6, 1986 - 40 - Item II-L.1 UNFINISHED BUSINESS ITEM # 24769 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council RESCHEDULED the City Council Meeting of February 17, 1986, to Tuesday, February 18, 1986. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: J. Henry McCoy, Jr., D.D.S. Council Members Absent: None - 41 - Item II-L.1 a. UNFINISHED BUSINESS ITEM # 24770 ADD-ON Councilwoman Henley referenced the LYNNHAVEN RIVER WATER QUALITY TASK FORCE REPORT distributed to City Council on December 16, 1985, by Darrell Hughes. Councilman Jennings requested same be placed on a forthcoming AGENDA. BY CONSENSUS, City Council SCHEDULED this pending matter for discussion and consideration at the City Council Meeting of January 21, 1986. The City Clerk will request Darrell Hughes, Chairman of the Lynnhaven River Quality Task Force and Jack Whitney, Chief of Comprehensive Planning, be present. - 42 - Item II-L.2 UNFINISHED BUSINESS ITEM # 24771 ADD-ON Councilman Fentress referenced the study and recommendations concerning the adjustment of PERSONAL PROPERTY TAXES on large boats. Councilwoman Henley further expressed concern relative assessment of cars. The Commissioner of Revenue had referenced addressing both these issues. The Mayor advised he will arrange a schedule with the Commissioner of Revenue for further consideration of PERSONAL PROPERTY TAXES on a forthcoming AGENDA. - 43 - Item II-L.3 UNFINISHED BUSINESS ITEM # 24772 ADD-ON Councilman Jennings presented a Resolution for Council's consideration and requested same be placed on their AGENDA of January 13, 1986: RESOLUTION DIRECTING THE CITY 14ANAGER AND THE CITY ATTORNEY TO INVESTIGATE AND TO REPORT TO THE CITY COUNCIL THEIR FINDINGS CONCERNING THE MANNER AND METHOD OF DISPOSING OF THE CITY RIGHT-OF-WAY ACQUIRED FOR OLD DONATION PARKWAY. Councilman Jennings' letter and Ordinance are hereby made a part of the proceedings. The Mayor advised after the issue of the MASTER STREET AND HIGHWAY PLAN is ADOPTED, and if the OLD DONATION PARKWAY has been deleted from this PLAN, than this RESOLUTION should be considered. Councilman Baum, with further reference to this item, requested Staff provide Council with information concerning the identification of easements, both highway and drainage. -43a - .. ....... .... ........ January 3, 1986 The Honorable Mayor Members of City Council RE: Old Donation Parkway Iii view of the consultant's recent verbal agreement that Old Donation Parkway will not be included in their recommenda- tion for the Master Street and Highway Plan and in consideration of the numerous letters of appeal from citizens in the area who are opposed to the consideration of Old Donation Parkway, I am att4ching hereto a proposed Resolution for your consideration. I respectfully request that City Council make this recommeiidation a part of the City Council Agenda of January 13, 1986. gs gh Council HJJ/bc Enclosure vbj -43b - A RESOLUTION DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO INVESTIGATE AND TO REPORT TO THE CITY COUNCIL THEIR FINDINGS CONCERNING THE f4ANNER AND METHOD OF DISPOSING OF THE Cl'rY RIGHT-OF-WAY ACQUIRED FOR OLD DONATION PARKWAY WHEREAS, in planning for Old Donation Parkway, the City of Virginia Beach has acquired right-of-way for the proposed roadway, and WHEREAS, the City Council is of the opinion that the construction of Old Donation Parkway is neither advisable nor desirable, and that the said parkway should not be constructed, and WHEREAS, the City Council is of the opinion that the right-of-way which has been acquired for Old Donation Parkway should be disposed of in a manner most advantageous to the City of Virginia Beach, and WHEREAS, full consideration should be given to disposing of the property of said right-of-way to contiguous adjacent property owners with the understanding that these will be nonbuildable parcels either through variance or any other ineans, and WHEREAS, prior to taking any action to dispose of the said right-of-way, the City Council desires that the City Manager and the City Attorney investigate and report to the City Council their findings concerning the manner and method in which the sai,i right-of-way should be disposed of, consistent with law. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the City Manager and the City Attorney are hereby directed to investigate and to report to the City Council their findings concerning the manner and method which the City Council should follow in disposing of the right-of-way which has been dcquired for Old Donation Parkway. Adopted by a majority of the Council of the City of Virginia Beach on the day of 1986. GLF/ih/rab 01/03/86 (5) - 44 - Item II-L.4 UNFINISHED BUSINESS ITEM # 24773 ADD-ON Councilman Baum inquired as to when the City Staff will report concerning the EROSION AND SEDIMENTATION CONTROL ORDINANCE and the MMINATION OF SLOPES. The City Manager will schedule same. - 45 - Item II-M.1 INTERIM FINANCIAL STATEMENTS ITEM 24774 The INTERIM FINANCIIAL STATEMENTS JULY I THROUGH NOVEMBER 30, 1985 were distributed to City Council. This Report, which the City Manager advised was most positive, is hereby made a part of the record. Item II-M.2 NEW BUSINESS ITEM # 24775 The ANNUAL FINANCIAL AND COMPLIANCE REPORT - FOR FISCAL YEAR ENDED JUNE 30, 1985 was distributed to City Council. This Report is bereby made a part of the record. Giles Dodd, Assistant to the City Manager for Administration, advised the United States Office of Management and Budget requires we have a Compliance Audit Report for any Federal Grants the City receives. Same has been incorporated into the City's Annual Financial Statement. Mr. Dodd referenced page 55 of said report notes TOTAL FEDERAL ASSISTANCE - $27,261,639. This does not include any Federal money that might have been used in Highway Construction by the State Department of Highways. Councilwoman Oberndorf inquired as to the duplication of services between the School Board and City Council. Mr. Dodd advised a new payroll system is being developed by the Schools which will be implemented shortly. - 46 - Item II-N. RECESS INTO ITEM # 24776 EXECUTIVE SESSION In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilman Baum, seconded by Councilman Fentress, City Council voted to RECESS INTO EXECUTIVE SESSION for discussion of Personnel Matters, Publicly Held Property and Legal Matters, after which to RECONVENE and then ADJOURN (4:20 P.M.) 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by sta f members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 47 - Item II-N.1 RECONVENE ITEM # 24777 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, the Mayor RECO@ the Regular Session of the City Council on January 6, 1986, at 6:10 P.M. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None Janaur 6 1986 - 48 - Item II-N.2 ADD-ON ITEM # 24778 LITTLE NECK BIKE TRAIL Letter from Susan Driskel dated January 5, 1986, and petitions signed by the occupants of the Sea Breeze Farm area requesting the proposed Little Neck Bike Trail be terminated at the entrance to Redwood Farms, are hereby made a part of the record. Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council APPROVED: Phase 2 of Little Neck Bike Trail shall be constructed from its terminus now from Middle Plantation on to the northwest just below the point that the road widens below Redwood Farm and that be the extent of Phase 2; AND, the Staff shall be authorized to get back with the Contractor and renegotiate the contract downward to reflect the reduced length of the Bike Trial. Phase 3 shall be considered at a later time by this Council. Voting: 11-0 * Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 6, 1986 - 49 - Item 11-0.1 ADJOURNMENT ITEM # 24779 BY ACCLAMATION, City Council ADJOURNED the meeting at 6:15 P.M. Beverly'O. Hooks Chief Deputy City Clerk Ruth Hodgds Smith, CM@ City Clerk City of Virginia Beach Virginia