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Home My WebLink AboutAPRIL 16, 1984 MINUTES Cit@@f @ilr@irai@ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUIS R. ]ONES, B.y.id. B@,..gh VICE-MAYOR BARBARA M. HENLEY, P.@g. B.,..gb JOIIN A. BAUM, B.-.gb NANCY A. CREECH, A, L.,g, HAROLD HEISCIIOBER, At L.,," H. JACK JENNINGS, JR., Ly..h..@. B.@.gb ROBERT G. ]ONES, Al L.,g@ W. ii. KITCHIN. Iii, Vigi@,. B@.@b REBA S. M,CLANAN, A..@ B.,o.gb 1. HENRY bl,COY. JR.. B.,..gb 212 CITY HALL BUILDING MU,NICIPAL CENTER MEYERA E. OIJERNDORF, Al L.,g@ VIRGINIA BEACH, VTRGINIA 23456 RUTH HOD(;ES SMITif, CMC, Cily Cl@lk f 804) 427 -4 30 CITY COUNCIL AGENDA April 16, 1984 BUDGET WORKSHOP: 10:30 a.m. ITEM I. INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. DISCUSSION OF PERTINENT MATTERS 1. Matters for discus 2. Matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Discussion of Proposed Bond Referendum Date 2. Review of Consent Agenda ITEM II. FORMAL SESSION: 2:00 p.m. A. INVOCATION: Father James Dorsan Church of the Holy Family B PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of April 9, 1984. 2. Motion to correct the 14inutes of March 26, 1984, Item Number 21602. E. PUBLIC M"ING 1. Proposed budget increase to appropriate funds of $435,600 for Police and Fire Vehicles and reduce the 1984-1985 Budget request for those vehicles by $453,000. F. RESOLUTION 1. Resolution of City Council of Virginia Beach declaring need for Newport News Redevelopment and Housing Authority to issue Rental Housing Development Bonds for Peppertree II Associates, a Virginia Limited Partnership to be fomed in which Snyder-Runt Corporation will be the General Partner. G. 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 motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution endorsing the application for the Seventh Program Cycle of the Clean Community System Project; authorizing the City Manager to direct the necessary staff to plan, budget and apply for a grant to be used to fund this Program; AND, requesting the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve this application. 2. Ordinance to amend and reordain Section 18-108 Subsection (a) of the Code of the City of Virginia Beach, Virginia, pertaining to temporary and transient businesses; an Ordinance to amend and reordain Section 18-93 Subsection (a) of the Code of the City of Virginia Beach, Virginia, pertaining to peddlers generally; AND, an Ordinance to amend and reordain Section 18-94 Subsection (a) of the Code of the City of Virginia Beach, Virginia, pertaining to peddlers of bottled drinks, hot dogs and wrapped sandwiches. G. CONSENT AGENDA (Cont'd) 3. Ordinance to amend and reordain Section 35-6(a) of the Code of the City of Virginia Beach pertaining to penalty and interest when personal property taxes not paid on time; AND, an Ordinance to amend and reordain Section 35-37(a) of the Code of the City of Virginia Beach pertaining to penalty and interest when installment not paid on time (taxes on real estate). 4. Ordinance to transfer Capital Project Funds of $37,573 to Project 2-812 Oceana NAS Entrance. 5. Ordinance to transfer funds of $65,000 from the Water and Sewer Reserve for Contingencies for a new meter reading system. 6. Ordinance to transfer funds of $39,000 from the Water and Sewer Reserve for Contingencies for the purchase of three trailers (Department of Public Utilities). 7. Ordinance, on FIRST READINC, to appropriate funds of $435,600 for police and fire vehicles and reduce the 1984- 1985 Budget request for those vehicles by $453,000. 8. Low bid of Warbler Construction Company, Inc., in the amount of $651,842.40, for Contract 1; Low bid of Crowder Contracting Company, Inc., in the amount of $363,700.00, for Contract II, for the Ocean Park Drainage Project, Phase I; AND, authorize the City Manager to enter into the necessary agreements for the implementation of these projects. 9. Bingo/Raffle permits: St. Nicholas Greek Orthodox Church Friends of Roller Skaters 10. Certificate of Public Convenience and Necessity: David W. Best, M.D. 11. Request of the Commissioner of the Revenue for license refunds in the amount of $768.19. H. PLANNING 1. FINAL APPROVAL for the closure of a 20-foot alley located on the west side of Arctic Avenue, south of 33rd Street in the petition of Arthur S. Kreger, Shirley K. Levin, Ruth S. Kreger, Parker-Sparks, Inc. and Roger W. Hiller (Virginia Beach Borough). a. Letter from the City Manager transmits the recomendation for final approval. H. PLANNING (Cont'd) 2. Application of Charity United Methodist Church for a conditional use permit for an addition to a church (education building) on a 31,363-square foot parcel located at the norhtwest corner of Gum Bridge Road and Charity Neck Road (Pungo Borough). (This application was expedited by City Council on March 5, 1984.) a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of Martha L. Kirtley for a conditional use permit for a home occupation (natural child birth classes) on an 11,979-square foot parcel located at 4604 Gilling Court (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of CBN for a conditional use permit for a line- of-sight relay device on a 14.274-acre parcel located ou@th Tf the intersection of Indian River Road and Centerville Turnpike (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Harris W. Pardue T/A Westview Auto Center for a conditional use permit for an auto repair establishment on a 32,800-square foot parcel located at the northwest corner of Indian River Road and Sunnyside Drive (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Comission for approval. 6. Application of Evelyn M. Fleming for a conditional use permit for a rest/retirement home on a 4.36-acre parcel located along the west side of Salem Road, south of Recreation Drive (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 7. Application of Harry T. and Leatha L. Ferguson for a change of zoning from R-8 Residential District to B-2 Community- Business District on a 1.44-acre parcel located along the south side of Indian River Road, west of Kempsville Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8 . Application of Heritage Construction Company, Inc. for a change of zoning from R-6 Residential District to R-8 Residential District on a 2.385-acre parcel located afon-g the west side of @iddle Avenue, south of Air Station Drive (Lynnhaven Borough). (This application was referred back to the Planning Commission by City Council on February 6, 1984.) a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Application of R. G. Moore Building Corporation for a change of zoning from B-2 Community-Business District to R-8 Residential District on a 40,293-square foot parcel located along the east side of Salem Road, north of Elbow Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 10. Application of John E. and Wilma M. Sirine for a change of zoning from R-6 Residential District to 0,-1 Office District on a 19,586-square foot parcel foc-ated @long the east s d@e of South Fir Avenue, south of Bonney Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. I. APPOINTMENTS 1. Community Services Board 2. Housing Board of Appeals J. UNFINISHED BUSINESS 1. Request of Charlemagne Associates, Inc., developer of Charlemagne by the Bay Condominiums, for an encroachment onto a public pedestrian access easement. (This request was deferred for 30 days on February 6, 1984 and for an additional 30 days on March 12, 1984 until today.) K. NEW BUSINESS 1. Utility Extension Policy - Presentation by Mr. Aubrey V. Watts, Jr., Public Utilities Director L. ADJOURNMENT 1. Motion to adjourn. PUBLIC HEARING: FY 84-85 OPERATING BUDGET APRIL 23, 1984, 2:00 P.M. CITY COUNCIL CHAMBERS M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia BUDGET WORKSHOP April 16, 1984 10:30 a.m. In response to City Council inquiries, Real Estate Assessor Jerald Banagan explained the REAL ESTATE ASSESSMENT PROCESS. In an effort to explain the various procedures, samples of records were distributed to Council. (These samples are hereby made a part of the record). An assessment record is kept on each property in the City and a map of each neighborhood in the City is maintained for market comparison. Average typical increase for Assessments in the City of Virginia Beach was 4-1/2%. However, the City has approximately 100,000 parcels and about 13,000 parcels increased more than 10%. Mr. Banagan further referenced that apartments have been good investments in the last two years. Rents have been increasing and vacancies are very low. A- partments increased twice the City average this year. Convention Hotels appreciated considerably. Generally, the percent of increase on the assessment reflects a year's appreciation, and in some cases shows an adjustment in the previous year's assessment. STATE LAND EVALUATION ADVISORY COMMITTEE forwards the City each year a breakdown of the recommended values per acre of tillable forest, marsh and swamp land. As a result of SLEAC's classifications, there has been a dramatic percentage of increase on marsh and swamp lands. The appraiser's office is working with Data Processing now and should be com- puterized within eighteen months. Basically these computers will be used for storage of data. Approximately twenty-two (22%) percentof the City's revenue is derived from real property taxes. The City Manager referenced responses by members of City Council to the Pre- liminary Survey of the FY 1984-1985 Operating Budget, and how these re- sponses served as guidelines in the City's formulation of the Budget. The City Manager also referenced inquiries by Council concerning his recommendation for Employee Salary Increase of 7-1/2%. This increase was based on main- taining a comparison with the schools' district, the State of Virginia, and other cities to keep Virginia Beach in a competitive market. In response to Council inquiries regarding the impact of growth on the Revenue are estimated to be approximately $13,356,000. Council had also referenced the number of new positions recommended in the Budget. In response to questions involving the City's Media Salary for FY 1984, the average is $16,968. With reference to master meters, after several meetings with utility companies, it was determined that due to cost effectiveness it should remain unchanged. The City Manager reviewed the REVENUES of the FY 1984-1985 OPERATING BUDGET. By CONSENSUS, a review of the EXPENDITURES will be discussed after the PUBLIC HEARING in INFORMAL SESSION, April 23, 1984. April 16, 1984 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 16,, 1984 The Regular Meeting of tbe Council of the City of Virginia Beach, Virginia, was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, April 16, 1984, at Twelve Forty-five in the afternoon. Council Members Present: John A. Baurn, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 2 - ITEM # 21705 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1- 344, coae of Virginia, as amendea, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal 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 Jones, seconded by Vice Mayor Henley, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 3 - M A T T E R S B Y C 0 U N C I L CITY CODE AMENDMENT PERSONAL PROPERTY/ REAL ESTATE TAXES ITEM # 21706 Councilwoman McClanan referenced an Amendment to Ordinances to amend and reordain Section 35-6(a) of the Code of the City of Virginia Beach pertaining to penalty and interest on personal property taxes, and Sec- tion 35-37 (a) of the Code of the City of Virginia Beach pertaining to penalty and interest concerning taxes on real estate (See Item II-G.3 of the Formal Agenda). Councilwoman McClanan requested this amendraent be inserted as paragraph (c) of each of the above mentioned Ordinances This addition is as follows: "Provided, however, this amendment shall not reduce the amount of any delinquent taxes for which a penalty and interest were assessed or were assessable prior to the date of the adoption of this amendment." INDUSTRIAL REVENUE BONDS ITEM # 21707 Councilman Jennings referenced Article in the ARKANSAS GAZETTE about Supreme Court declaring invalid $4 MILLION in INDUSTRIAL REVENUE BONDS issued by Little Rock for construction of a motel. Councilman Jennings also referenced article of March 31, 1984 from the VIRGINIAN-PILOT concerning pending legis- lation. (Said articles are hereby made a part of the record) . Councilman Jennings suggested discussion of Industrial Revenue Bonds be placed on the AGENDA in City Council's meeting with Virginia Legislators on May 9, 1984. RESIDENTIAL AGRICULTURAL LAND USE ITEM # 21708 Councilman Baum referenced Article by Olqa Wickerhauser in THE VIRGINIAN- PILOT of April 16, 1984 (Said article is hereby made a part of the record). This article concerned conflicts between residential and agricultural use of land. REORGANIZATION PLAN ITEM # 21709 Councilman Jones requested information concerning the City Manager's REORGANI- ZATION. The City Manager responded that he is formulating job descriptions and has requested $150,000 be included in the FY 85 Budget ADOPTION on May 15, 1984. Hopefully reorganization will be effective by or soon after July 1, 1984. April 16, 1984 - 4 - M A T T E R S B Y C I T Y M A N A G E R PROPOSED BOND REFERENDUM ITEM # 21710 The City Manager, in a discussion with City Council concerning the Proposed Bond Referendum Date, referenced conversations with the REGISTRAR and that he had been advised a SPECIAL ELECTION could not be held within 60 days of the General Election. Therefore, it appeared the latest date a Special Election could be held would be September 4, 1984. Approximate cost of a Special Election would be $50,000. The City Manager and his staff will confer with the newly retained Bond Consultants on April 24, 1984, after which Council may wish to evaluate. KEMPSVILLE GREENS ITEM # 21711 Director of Planning Robert J. Scott presented information concerning KEMPS- VILLE GREENS revision to the PLANNED UNIT DEVELOPMENT PLAN (Kempsville Meadows Golf Course). The developer has indicated he wishes to deviate from the concept of a ten (10) story highrise and replace same with three 6-story and one 5-story structures. Council had originally approved the PUD Plan with 450 units. The number of units to be in the highrise was originally 154 and this plan reduces that number to 138. The difference would be made up else- where. The City Staff will meet with Civic Leagues in order that they might fully understand the plan, as originally presented, has been altered considerably. TIMBERLAKE LAND USE PLAN ITEM # 21712 TIMBERLAKE ASSOCIATES proposed an additional gasoline service station on Independence Boulevard which was not approved in the original Land Use Plan. This approval will be ADMINISTRATIVELY executed. VIRGINIA BEACH RACQUET CLUB ITEM # 21713 Director of Planning Robert J. Scott referenced VIRGINIA BEACH RA@UET CLUB on Great Neck Road and Thomas Bishop Lane and clarified their original plans indicated an addition to an existing building; however, current plans indicate a free standing building to the north of that existing building. Structures are approximately the same size. Staff will ADMINISTRATIVELY execute. April 16, 1984 - 5 - MAT T E R S BY C IT Y MANA GE R (Continued) CONSENT AGENDA OCEAN PARK DRAINAGE PROJECT ITEM # 21714 Councilman Jennings inquired as to Ocean Park Drainage Project (See Item II-G.8 of the Formal Agenda). Councilman Jennings was concerned about water being discharged into Crab Creek, a tributary of Pleasure House Creek which empties directly into the Western Branch of the Lynnhaven River. Staff will request PRESENTATION to City Council by Paul Fisher, Director of HAMPTON ROADS QUALITY WATER DEPARTMENT. PERSONAL PROPERTY/ REAL ESTATE TAXES ITEM # 21715 Councilman Heischober requested an Amendment to ordinances to amend and reordain Section 35-6(a) of the Code of the City of Virginia Beach per- taining to penalty and interest on personal property taxes, and Section 35-37 (a) of the Code of the City of Virginia Beach pertaining to penalty and interest concerning taxes on real estate (See Item II-G.3 of the Formal Agenda). This addition is to be inserted in paragraph (a) of each Ordi- nance after the words "nine and six-tenths (9.6) percent per annum". This addition is as follows: "and after the first year at the published IRS rate" POLICE AND FIRE VEHICLES ITEM # 21716 Councilman Heischober inquired as to ordinance to appropriate funds of $435,600 for police and fire vehicles and reduce the 1984-1985 Budget re- quest for those vehicles by $453,000 (See Item II-G.7 of the Formal Agenda). PLANNING ITEM CHARITY UNITED METHODIST CHURCH iTEm # 21717 ADD ON City Manager referenced application of CHARITY UNITED METHODIST CHURCH for a Conditional Use Permit for an addition to a church (See Item II-H.2 of the Formal Agenda). one of the conditions of this application entailed a five-foot dedication along the frontage on Charity Neck Road. As a ceme- tary and septic tank drain line would be involved, a change of language was necessary with reference to the dedication being held in abeyance until the City decided improvements on road frontage may be needed. I RECESS INTO EXECUTIVE SESSION ITEM # 21718 City Council recessed into EXECUTIVE SESSION at 1:40 p.m. April 16, 1984 - 6 - P 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL April 16, 1984 2:00 p.m. Council members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. INVOCATION: Father James Dorsan Church of the Holy Family PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA April 16, 1984 7 Item II-D.1 MINUTES ITEM 21719 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED the Minutes of April 9, 1984. Voting: 7-0 Council Members Votinq Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Robert G. Jones Coundil Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 8 Item II-D. 2 CORRECTIONS MINUTES/MA,RCH 26, 1984 ITEM # 21720 Upon motion by Councilman Heischober, seconded by Vice Mayor Henley, City Council APPROVED the CORRECTIONS to the Minutes of March 26, 1984. (See ITEM #21602, Page 11, March 26, 1984 RESOLUTIONS) Minutes should read as follows: "Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council ADOPTED a Resolution inviting and encouraging the issuance of Special Revenue Bonds to ROSEGATE ASSOCIATES ($1,500,000) through the SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY." Voting: 8-0 Council Members Votinq Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 9 Item II-E.1 PUBLIC HEARING ITEM 21721 Mayor Jones declared a Public Hearing on the following: PROPOSED BUDGET INCREASE TO APPROPRIATE FUNDS OF $435,600 FOR POLICE AND FIRE VEHICLES AND REDUCE THE 1984-1985 BUDGET REQUEST FOR THOSE VEHICLES BY $453,000. Inasmuch as there were no speakers, Mayor Jones claosed the Public Hearing. April 16, 1984 9a - PUBLIC tDrICE PUBLIC HEARIRC CITY OF VIRGINIA BEACH PROPOSED BUDGETARY INCREASES FOR TtiE 1983-1984 FISCAL YEAR Pursuant to Chapter 2, of the City Code a public hearing will be held by the city council in council Chambers in the City Hall Building on MOndaY, April 16, 1984 at 2:00 p.m., to discuss proposed increases in the Budget for fiscal year 1983-1984 as follows: PROPOSED INCREASES General Fund olice Department 4i j56,400 Fire Department 49,500 Sheriff's OffiCe 9,701 Total General Fund $ 435,600 ESTIKATED REVENUES General Fund Unappropriatea Fund Balance $ 435,600 individuals desiring to provide oral coment should register before the hearing begins with the City Clerk's office on the second floor of the City Hall Building bY calling 427-4303. u H City Clerk To APPEAR IN THE VIRGINIA BEACH "SUNII, WEDNESDAY, APRIL 4, 1984. KAR/5 HEARING1 April 16, 1984 - 10 - Item II-F.1 RESOLUTIONS ITEM # 21722 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED a Resolution declaring need for NEWPORT NEWS REDEVELOP- MENT AND HOUSING AUTHORITY to issue Rental Housing Development ]3onds for PEPPERTREE II ASSOCIATES, A Virginia Limited Partnership to be formed in which Snyder-Hunt Corporation will be the General Partner. Amount of Bonds is $8,000,000. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 10a - RESOLUTION OF CITY COUNCIL OF VIRGINIA BEACH DECLARING NEED FOR NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTFIORITY TO ISSUE RENTAL HOUSING DEVELOPMENT BONDS FOR PEPPERTREE 11 ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP TO BE FORMED IN WHICH SNYDER-HUNT CORPORATION WILL BE THE GENERAL PARTNER WHEREAS, the Newport News Redevelopment and Housing Authority (the Authority) has requested the Virginia Beact, City Council (the Council) to declare that there is a need for the Authority to exercise its powers in the City of Virginia Beach (the City) to issue its Rental Housing Development Bonds (the Bonds) in an amount not to exceed $8,000,000 to assist Peppertree 11 Associates, a Virginia limited partnership to be formed in which Snyder-Hunt Corporation will be the general partner (the Company), in financing the acquisition and construction of the Peppertrue Ii Apartments to be located on the north side of Wildwood Drive, west of Colonial Arms Circle and the Atlantic Hygieile Center in Virginia Beach, Virginia (the Project); and WHEREAS, the Council has held this day a public hearing on this matter; and WHEREAS, the Company has indicated that the Project will remain residential rental property for a minimum ot Leii years and 20% of the units will be occupied at all times by low to moderate income tenants in compliance with 103(b)(4)(A) of the Internal Revenue Code; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council hereby declares that there is a need for the Authority to exercise its powers to issue tlie Bonds in the City. 2. There is a shortage of safe or sanitary dwelling accommodations in such municipality available to per- sons of low income (as defined in Section 36-3 of the Virginia Housing Authorities Law of the Code of Virginia of 1950, as amended) and these conditions can be best remedied through the exercise of the Authority's powers within tlie City to issue its Bonds. 3. This Resolution shall take effect immediately upon its adoption. Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on April 16 1984. April 16, 1984 10b - SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY Project Name: Peppertree II Apartments Project Location: North side of Wildwood Drive, west of Colonial Arms Circle and the Atlantic liygiene Center in Virginia Beach, Virginia Description of Project: Multifamily rental housing apartment complex Amount of Bond(s): $8,000,000 Principals: General partner will be Snyder-Hunt Corporation The purpose of this Resolution is to encourage and invite Newport News Redevelopment and Housing Authority to issue its bonds for the benefit of Peppertree II Associates. A fiscal impact statement will be attached to and submitted with the Resolution approving the issuance of the bonds. April 16, 1984 Item II-G. CONSENT AGENDA ITEM 21723 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED in ONE MOTION, Items 1, 2, 31 4, 5, 6, 7, 8- 9, 10, and 11 of the CONSENT AGENDA. -Items 3 and 8 were approved for DEFERRAL. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 12 - Item II-G.1 CONSENT AGENDA ITEM # 21724 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution endorsing the application for the Seventh Program Cycle of the CLEAN COMMUNITY SYSTEM PROJECT; authorizinq the City Manager to direct the necessary staff to plan, budget and apply for a grant to be used to fund this Program; AND, requesting the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve this application. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 12a - The recjular @ting of the Council of the City of Virginia Beach, Viryi[IL,l was held in Council rs of the City Hall Building on LtiL, ciay C)i A-li 1 1984. On motion by and Seconded by Councilwoman the following resolution was adopted. RESOLUTION , the Council of the City of Virginia Beach recognizes the existence of a litter problern within the boundaries of the City of VirgiiiiA Beach; and , the Vixginia Litter Control Act of 1976 provides, through thc, Department of Conservation and Econcinic Devel t, Division of Litter Control, for the allocatim of public funds in @ fom of Grants for thL purpo@ cf c-ii- hancing local litter control progr@; and , the istrative staff has reviewed and considered thL, Regulatic)ns and the Application covering adnmistration and use of said funds. NOW, RE, BE IT RESOLVED that the Council of the City of Virginii Beach hereby endorses and supports such a program for the City of Virginia Beach as is indicated in the attached Application Fam EC@l and hexeby authorizes the City Manager to give direction to the necessary staff to plan, budget, and ap- ply for a Grant, which, if approved, will be used to fund said Program; and BE IT @ RESOLVED @t the Depa@t of C(-)nser-vzitioii aiid Ecoiicliiic Devel t, Division of Litter Control, is hereby requested to considcr arid approve said Application and Procjram, said Program being in accord with thc, regulations governing use and expenditure of said funds. April 16, 1984 - 13 - Item II-G. 2 CONSENT AGENDA ITEM # 21725 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED the following Ordinances: Ordinance to amend and reordain Section 18-108 Subsection (a) of the Code of the City of Virginia Beach, virginia, pertaining to TEMPORARY AND TRANSIENT BUSINESSES; Ordinance to amend and reordain Section 18-93 Subsection (a) of the Code of the City of Virginia Beach, virginia, pertaining to PEDDLERS generally; AND, Ordinance to amend and reordain Section 18-94 Subsection (a) of the Code of the City of Virginia Beach, virginia, pertaining to PEDDLERS of bottled drinks, hot dogs and wrapped sandwiches. Voting. 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 13a - REQUESTED BY: COMMISSIONER OF THE REVENUE AN ORDINANCE TO AMEND AND REORDAIN SECTION 18-108 SUBSECTION (A) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO TEMPORARY OR TRANSIENT BUSINESSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 18-108 Subsection (a) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Sec. 18-108. Temporary or transient businesses. (a) Every person who shall engage in, do or transact any temporary or transient business in the city for the sale of goods, wares and merchandise and who, for the purpose of carrying on such business, shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car, boat or public room, or any part thereof, including rooms in hotels, lodginghouses or house of private entertainment, or in any street, alley or other public place, for a period of less than on year, for the exhibition of or sale of such goods, wares or merchandise, shall pay for such privilege, a tax of $500.00. fraction-thereefv The license for which such tax is paid shall not be transferable. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 day of April 1983. MES/sm 6/9/83 9/13/83 3/28/84 (E) April 16, 1984 13b - REQUESTED BY: COMMISSIONER OF THE REVENUE AN ORDINANCE TO AMEND AND REORDAIN SECTION 18-93 SUBSECTION (A) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PEDDLERS GENERALLY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 18-93 Subsection (a) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Sec. 18-93. Peddlers Generally. (a) Every person peddling goods, wares, merchandise or products of any description, except as in this this chapter otherwise provided, shall pay a license tax of 059799 $500.00. All peddlers applying_to be licensed under this section shall- first obtain a permit from the Man@@.. Adopted by the Council of the City of Virginia Reach, Virginia, on the 16 day of April 1983. MES/sm 6/9/83 11/21/83 (E) April 16, 1984 13c - REQUESTED BY: COMMISSIONER OF THE REVENUE AN ORDINANCE TO AMEND AND REORDAIN SECTION 18-94 SUBSECTION (A) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PEDDLERS OF BOTTLED DRINKS, HOT DOGS AND WRAPPED SANDWICHES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 18-94 Subsection (a) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Sec. 18-94. Peddlers of bottled drinks, hot dogs and wrapped sandwiches. (a) Every person peddling bottled soft drinks, hot dogs and wrapped sandwiches from a cart, wagon, truck, automobile, basket or tray shall pay a license tax of $50700 $300.00. All peddlers licensed under this section shall first obtain a permit from the City M@a @r. Such tax shall not be prorated and the license shall not be transferable. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 day of April 1983. MES/sm 6/9/8 3 9/13/83 3/28/84 (E) APPROVED AS TO CON-Cll'.'@IT SIGNATURE DEPARTMENT ED Al T I R, _T,, C,T, 'T""", April 16, 1984 - 14 - Item II-G.3 CONSENT AGENDA ITEM # 21726 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council DEFERRED for one week until the City Council Meeting of April 23, 1984, the following: Ordinance to amend and reordain Section 35-6(a) of the Code of the City of Virginia Beach pertaining to penalty and interest when PERSONAL PROPERTY TAXES not paid on time; AND, Ordinance to amend and reordain Section 35-37(a) of the Code of the City of Virginia Beach pertaining to penalty and interest when installment not paid on time (TAXES ON REAL ESTATE). Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 14a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-6(a) OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO PENALTY AND INTEREST WHEN PERSONAL PROPERTY TAXES NOT PAID ON TIME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-6(a) of the Code of the City of virginia Beach, Virginia, is hereby amended and reordained as follows: Section 35-6. Penalty and interest when personal property taxes not paid on time. (a) In the event any taxes on personal property are not paid on or before the time the same are due and payable as set forth in section 35-5, there shall be added thereto a penalty of ten (10) percent of the amount of such unpaid taxes or the sum oE ten dollars ($10.00), whichever shall be greater, and such taxes and penalty shall bear interest commencing on the first day following the day such taxes were due, at the rate of nine and six-tenths (9.6) per ahnum. (b) The assessment of a penalty under this section shall not be deemed a defense to a criminal prosecution for failing to make such return of taxable property as may be required by law. Adopted by the Council of the City of Virginia Beach, Virginia, this day of 1984. MES/re 3/22/84 (G) A5 rkD April 16, 1984 14b - AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-37 (a) OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING PENALTY AND INTEREST WHEN INSTALLMENT NOT PAID ON TIME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-37(a) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 35-37. Penalty and interest when installment not paid on time. (a) In the event any installment of taxes on real estate is not paid on or before the time the same is due and payable as set forth in section 35-36, th.ere shall be added thereto a penalty of ten (10) percent of the amount of such unpaid installment or the sum of ten dollars ($10.00), whichever shall be greater, and such installment and penalty shall bear interest commencing on the first day following the day such taxes were due, at the rate of nine and six-tenths (9.6) percent per annum" pereent-per-annumv (b) The assessment of a penalty under this section shall not be deemed a defense to any criminal prosecution for failing to make such return of taxable property as may be required by law. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1984. MES/re 3/22/84 (G) April 16, 1984 - 15 - Item II-G.4 CONSENT AGENDA ITEM * 21727 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to transfer Capital Project Funds of $37,573 to Project 2-812 OCEANA NAS Entrance. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Mem]Ders Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 15a - AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $37,573 TO PROJECT 2-812 OCEANA NAS ENTRANCE WHEREAS, project 2-812 Oceana N.A.S. Entrance was one of the capital projects approved for close-out by City Council on June 27, 1983, and WHEREAS, an additional bill froin the Virginia Department of Highways and Trarisportation to be charged to this project required the project to reinain open, and WHEREAS, project 2-812 will need additional funds of $37,573 to offset the cost of the additional expenditure, and WHERF,AS, the necessary funds may be transferred frofn project 2-605 Buccaneer Road Bulkhead due to the axvletion of the project, NOW, THEREFORE, BE rr ORDAINED BY THE CO(JNCIL OF THE CITY OF VIRGINIA BEACH that funds of $37,573 be transferred from project 2-695 Buccaneer Road Bulkhead to T)roject 2-812 Oceana N.A.S. Entrance to cover the additional expen- diture for that project. Adopted by the Council of the City of Virginia Beach on the 16 day of April 19-. RATS/15-ORD1 April 16, 1984 - 16 - Item II-G.5 CONSENT AGENDA ITEM # 21728 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to transfer funds of $65,000 from the Water and Sewer Reserve for Contingencies for a NEW METER READING SYSTEM. Voting: 8-0 Council Members Voting Aye; John A. Dam, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 16a - AN ORDINANCE TO TRANSFER FUNDS OF $65,000 FROM THE WATER AND SEWER RESERVE FOR CONTINGENCIES FOR A NEW METER READING SYSTEM WHEREAS, the Department of Public Utilities has been notified by the manufacturer Of the city,, present meter reading system that repair and replacement parts are no longer in production for several of the system's critical components, and WHEREAS, the Department of Public Utilities is concer,,d that the unsure maintenance support on equipment that has been in service over five years will hamper the meter reading effort, and ultimately the billing cycle may be affected, and WHEREAS it is the recommendation of the Department that city staff proceed with the acquisition of a new meter reading system which based on current prices will cost approximately $65,000, and WHEREAS, the funds needed for the purchase of a new system are available in the Water and Sewer Fund Reserve for Contingencies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $65,000 be transferred from the Water and Sewer Fund Reserve for Contingencies to the Department of Public Utilities for the acquisition of a new meter reading system. This ordinance shall be effective from the date of its adoption. Adopted: April 16, 1984 TO 1COtI.TEi4T D',PA@,ME'4T TOOIOP "T, ,T,,-, @14EY April 16, 1984 - 17 - Item II-G.6 CONSENT AGENDA ITEM # 21729 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED an ordinance to transfer funds of $39,000 from the Water and Sewer Reserve for Contingencies for the purchase of three TRAILERS (Department of Public Utilities). Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 17a - AN ORDINANCE TO TRANSFER FUNDS OF $39,000 FROM THE WATER AND SEWER RESERVE FOR CONTINGENCIES FOR THE PURCHASE OF THREE TRAILERS WHEREAS, Automotive Services has advised the Department of Public Utilities of the need to repair three utility trailers due to the Poor design of the axle and hub assembly, and WHEREAS, the repair cost will be $5,400/per trailer for axle and suspension replacement, and WHEREAS, two of the trailers are scheduled for routine replacement in PY85 and consequently the Department of Public Utilities desires to purchase at this time new trailers with a five year service life at a cost of $13,000 each rather than expend funds for repair costs for one year, and WHEREAS, the funds of $39,000 needed for immediate purchase are available in the Water and Sewer Fund Reserve for Contingencies. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $39,000 be transferred from the Water and Sewer Fund Reserve for Contingencies to the appropriate budget units in the Department of Public Utilities for the purchase of three trailers. 13E IT FURTHER ORDAINED that the FY85 budget request of the Department of Public Utilities for the acquisition of two trailers be reduced by $26,000. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on Sixteenth d,y of April 1984. APi)rZ,_',@ro A@, TO CO:@'TF.14T April 16, 1984 AST ATIL CIII ATTRNEY Item II-G.7 CONSENT AGENDA ITEM 21730 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED , on FIRST READING, an Ordinance to appropriate funds of $435,600 for POLICE AND FIRE VEHICLES and reduce the 1984-1985 Budget request for those vehicles by $453,000. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - lBa - AN ORDINANCE TO APPROPRIA,RF, FTINDS OF $1:35,600 FOR POT,T('E ANI) ANI) Till," l@)91-1985 BIIDGI,',T FOR TIIOSE VEIIICI,ES BY WHEREAS, the State Office of Piirchas(,s and Stil)p]N, indicated that the city m,,ty purchase poliee and rir(, v(@hi(,,](,,, under the current State contract which (,xpirc,,- on Af)ril 1984, and WHEREAS, the Police and Fire Departments and Office have rc,,qii(@st(,c] tlial. the city purchase und(,r tli(, current State contract a total of forty-four marked v(,Iii(,](@, proposed for th(@s(,, of'ric(,,s in th(@ FY 84-85 op(@r:it it)g and WHEREAS, a purchase at this time will s,,tve 3@) to 5'; in purchase price over next year, and will provid(@ a mor(, acceptable delivery time on next year's cars, and WHEREAS, the total cost for a pur(,hase now is $il35,(;OO based on a unit cost of $9,900 and the FY 85 budget for these vehicl(,,s will b(, redu(@ed by $453,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIE, 01,' I'lil@] CITY OF VIRGINIA BEACII that runds of $435,600 b(', approl)ri;Lt.(,Ci from the General I?iitid Biilaiiec for the I)ur(-,hase of@ fort.\'-@OLII' marked vebieles ts follows: Apl)ropriation Police Department (36 units) $356,400 Fire Departm(@nt (5 units) 49,500 Sheriff's Office (3 units) 29,700 Total $435,600 BE IT FURTHER ORDAINED that tll(, l'Y 85 I)Lidg(,t of the Police and Fire Departments and Sheriff's Office for the acquisition of ttiese v(@hicles be reduc(,,d 1).v @3C)0,000, $50,000, and $43,000 respectively. AdoptE,d by th(@ ('otin(@il oi@ tli(, ('it,y ol' Virginia on the day of 19-. Public Hearing: First Reading: April 16, 1984 Second - 19 - Item II-G.8 CONSENT AGENDA iTEm # 21731 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council DEFERRED for Council Briefing the following: Low bid of Warbler Construction Company, Inc., in the amount of $651,842.40, for CONTRACT I; Low bid of Crowder Contracting Company, Inc., in the amount of $363,700-00 for CONTRACT II, for the OCEAN PARK DRAINAGE PROJECT, PHASE I; AND, authorize the City Manager to enter into the nec- essary agreements for the implementation of these projects. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 20 - Item II-G.9 CONSENT AGENDA ITEM # 21732 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED Bingo/Raffle Permits for the following: ST. NICHOLAS GREEK ORTHODOX CHURCH FRIENDS OF ROLLER SKATERS Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 21 - Item II-G.10 CONSENT AGENDA ITEM # 21733 Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council APPROVED Certificate of Public Convenience and Necessity for the patient van operated by the Virginia Beach Dialysis Center for the following: DAVID W. BEST, M.D. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 22 - Item II-G.11 CONSENT AGENDA ITEM # 21734 Upon moton by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance authorizing License Refunds in the amount of $768.19 upon application of certain persons and upon certi- fication of the Commissioner of the Revenue. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 22a - AN OIIDINANCE AUTHOIIIZING LICENSF- riEFUNDS UPON APPLICATION OF CERTAIN @'E[isONI; Atql) UPON CERTIFICATION OF T[iE COMMISSIONEI-I OF THE REVENUE BE IT 0RDAINED BY THE COUNCIL OF THE CITY C)F VIRGINIA 13EACII,,VI[IGINIA: That the following applications for license refunds, upon certification of tlie Collirli"'SiOn-:!r Of tlle Revenue ire hereby approved: NAME License Date Base Penalty lnt. Tol@il Year Paid Adains, Itzindolph T/A Adams Coritracting 3556 ifilber StrLet Va. Beach, VA 23452 Audit Credit 3.0.24 10.24 Alexayider, Peter, MD 1537 Baypoint Dr. Va. Beach, VA 23454 Audit CrdO'lt 699.20 (@99.20 Cr,iwford, George 11. c/o Eleanor Crawford. 105 DePaul Medical Bldg. 1983 7/14/83 58.75 Norfolk, VA 23505 c eilt: c Approved a son This ordinance shall be effective from date of ey adoption. The above abatement(s) totaling $7G8 @9_ were approved by the Council 16 oi the City of Virginia Beach on the --- day of Ruth Hodges Smith City Clerk April 16, 1984 - 23 - Item II-H.1 PLANNING ITEM # 21735 Attorney Grover Wright represented the applicant. Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED an ordinance upon application of ARTHUR S. KREGER, SHIRLEY K. LEVIN, RUTH S. KREGER, PARKER-SPARKS, INC., AND ROGER W. MILLER for a Street Closure as per the following: FINAL APPROVAL ORDINANCE UPON APPLICATION OF ARTHUR S. KREGER, SHIRLEY K. LEVIN, RUTH S. KREGER, PARKER-SPARKS, INC., AND ROGER W. MILLER FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF A 20-FOOT ALLEY Ordinance upon Application of Arthur S. Kreger, Shirley K. Levin, Ruth S. Kreger, Parker-Sparks, Inc., and Roger W. Miller for the discontinuance, closure and abandonment of a 20-foot alley located on the west side of Arctic Avenue beginning at a point 140 feet south of 33rd Street and running in a westerly direction a distance of 150 feet. Said parcel contains 3000 square feet. VIRGINIA BEACH BOROUGE Voting; 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 23a CITY OF VIRGINIA BEACH TO (ORDINANCE OF VACATION ARTHUR S. KREGER, et al. SHIRLEY K. LEVIN, et al. RUTH S. KREGER, et al. PARKER-SPARKS, INC., et al. ROGER W. MILLER, et al. AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF AN ALLEY 201 X 1501.1@N VIRGINIA BEACH BOROUGH, IN TIIE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicants, Arthur S. Kreger, Sliirley K. Levin, Ruth S. Kreger, Parker-Sparks, Inc., and Roger W. Miller, to be presented to the City council of the C@@ty of Virginia Beach, Virginia, on the 7th d@,y of Novembc@r 1 1983, for the vacation of the hereinafter described alley in the City of Virginia Beach, Virginia, was on the 27th day of September, 1983, and on the 4th day of October, 1983, duly published twice with six days elapsing between the two publications in a newspaper published or having gen,@ral circulation in the City of Virginia Beacli, Virginia, @;pecifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of an alley 201 x 150'; and WHEREAS, said application wa!3 made to the City Council of the City of Virginia Beach, Virginia, on the 10th day of October, 1983, and in confomity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the 10 day of October, 1983, appointed Robert J. Scott David Grochmal and C. Oral Lambert, Jr. ,as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience %,,ould result from discontiuing the November 7, 1983 23b same, and said viewers have made such report to the City Council of the CitY of Virginia Beach, Virginia; and ' WHEREAS, from such report and other evidence, and after notice to the land proprietors a@@fected thereby, along the alley 20' x 150' proposed to be vacated, it is the judgment of the City Coun--il of the City of VirginiA Beach, virginia, that these Proceedings have been instituted, conducted and concluded in the manner Prescribed by Code of Virginia, section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of Said alley, and that the portion of said alley should be vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following portion of an alley 201 x 150' in the Borough of virginia Beach, in the City of Virginia Beach, Virginia, be and the same is hereby v4cated and discontinued: All that certain piece or parcel of land situate, lying and being in the City of 'Virginia Beach, State of Virginia, designated as that portion of a 20' alley or lane in Block 105 on that certain plat entitled "Map of Linkhorn Park, Property of Virginia Beach Developmelit Company an,,l Adjacent Properties," wh@-ch plat is recorded in the Clerk's Office of the Circuit Court of the City of virginia Beach, Virginia, in Map Book 5, at page 151, fronting 201 on the western side of Arctic Avenue and running back be@-ween parallel lines 1501; its northern line being the southern line of Lots 11, 12 and 13 in said Block 105; and its southerii line being the northern line of Lots 1, 2 and 3 in said Block 105; and as shown on the plat attached entitled "Street Closure Plat, Portion of 20' Alley Located Between 32nd St. & 33rd St. and West of Artic Avenue, Recorded in Block 105, Map of Linkhorn Park, Property of Virginia Beach Development Co. and Adjacent Properties, M.B. 5, Pt. 2, P. 157, Virginia Beach Borough, Virginia Beach, Va." dated June 15, 1983, made by Gallup Surveyors & Engineers, Ltd. 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virgiriia Beach, Virginia, as grantor, and in the name of Arthur S. Kreger, Shirley K. Levin, Ruth November 7, 1983 23c - S. Kreger, Parker-Sparks, Inc., and Roger W. Miller as grantees, in the Clerk's Office of the -@ircuit Court of the City of Virginia Beach, Virginia, at the expense of the applicants. 3. This Ordinance shall be effective thirty (30) days from the date of its passage. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the day of 198 . TESTE: RUTH SMITH, CITY CLERK By City Clerk FINAL APPROVAL: April 16, 1984 November 7, 1983 - 24 - Item II-H.2 PLANNING ITEM # 21736 Floyd Waterfield, Building Corftmittee, represented the applicant. Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon applicaton of CFIARIT'Y UNITEI) METHODIST CHURCH for a Conditional Use Permit. As noted by the City Manager, one of the conditions of this application entailed a dedicatio,. As a ceme- tary and septic tank drain line would be involved, a change of languge was necessary for that condition. ORDINANCE UPON APPLICATION OF CHARITY UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR AN ADDITION TO A CHURCH (EDUCATION BUILDING) R0484626 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Charity United Methodist Church for a Conditional Use Permit for an addition to a church on certain property located at the northwest ,rn,r of Gum Bridge Road and Charity Neck Road, running a dis- tance of 164.40 feet along the north side of Gum Bridge Road, running a distance of 140.41 feet along the western property line, running a distance of 154.70 feet along the northern property line, running a distance of 136.38 feet along the west side of Charity Neck Road and running around a curve a distance of 99.92 feet. Said parcel contains 31,363 square feet. PUNGO BOROUGH. The following conditions shall be equired: 1. A 5-f@t dedication along the frontaqe on Charity Neck Road, and a 49-faet dedication along the frontage on Gum Bridge Road, when such londitions are required by the City in connection with improvements of those roads. 2. Approval of the necessary variances by the Board of Zoning Appeals. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Sixteenth day of April, Nineteen Hundred a,,d i@gh@ o@ur. April 16, 1984 - 25 - Item II-H. 2 PLANNING ITEM # 21736 (Continued) Voting: 8-0 Council Members Voting Aye: John A. BaLun, Nancy A. Creech, Harold Heischober,H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Barbara M. Henley Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 26 - Item II-H.3 PLANNING ITEM # 21737 Martha L. Kirtley, Applicant, in attendance to represent herself. Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an ordinance upon application of MARTHA L. KIRTLEY for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF MARTHA L. KIRTLEY FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (NATURAL CHILD BIRTH CLASSES) R0484627 BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Martha L, Kirtley for a Conditional Use Permit for a home occupation (natural child birth classes) on Lot 15, Bellamy Manor East. Said parcel is located 4604 Gilling Court and contains 11,979 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Approval is limited to a period of two years. 2. Limited to a maximum of six couples one night a week. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Sixteenth day of April, Nineteen Hundred and Eighty-Four. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 27 - Item II-H.4 PLANNING ITEM 0 21738 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of CEN for a Con- ditional Use Permit. ORDINANCE UPON APPLICATION OF CBN FOR A CONDITIONAL USE PERMIT FOR A LINE-OF-SIGHT RELAY DEVICE R0484628 BE IT BEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of CBN for a Conditional Use Permit for a line-of-sight relay device on certain prop- erty located 1460.75 feet southwest of the intersection of Indian River Road and Centerville Turnpike (Relocated), running a distance of 474.37 feet in a southwesterly di- rection, running a distance of 469.91 feet in a south- easterly direction, running a distance of 544.80 feet in a southerly direction, running around a curve in a southeasterly direction a distance of 359.27 feet, running around a curve in a northeasterly direction a distance of 644.84 feet and running around a curve in a northwesterly direction a distance of 1213.97 feet. Said parcel contains 14.274 acres. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Sixteenth day of April, Nineteen Hundted and Eighty-Four. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 28 - Item II-H.5 ITEM # 21739 Van Pardue, Applicant, was in attendance to respond to any questions Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of HARRIS W. PARDUE, T/A WESTVIEW AUTO CENTER for a Conditional Use PerTnit. ORDINANCE UPON APPLICATION OF HARRIS W. PARDUE, T/A WESTVIEW AUTO CENTER FOR A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR ESTABLISHMENT R0484629 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Harris W. Pardue, T/A Westview Auto Center for a Conditional Use Permit for an auto repair establishment on certain property 10- cated at the northwest corner of Indian River Road and Sunnyside Drive, running a distance of 202.94 feet along the north side of Indian River Road, running a distance of 185.54 feet along the western property line, running a distance of 115.16 feet along the northern property line and running a distance of 245.18 feet along the west side of Sunnyside Drive. Said parcel contains 32,800 square feet. KEMPSVILLE BOROUGH This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the ixteenth day of April, Nineteen Hundred and Eighty-Four. Voting: 9-0 Council Memhers Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Memhers Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 29 - Item II-H.6 PLANNING ITEM # 21740 Attorney Glenn Croshaw represented the applicant. Nianza E. Wallace, II, representing N. E. Wallace and Jackson Estate, spoke in opposition Upon motion by Councilwoman Oberndorf, seconded by Councilwoman McClanan, City Council DENIED an ordinance upon application of EVELYN M. FLEMING for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF EVELYN M. FLEMING FOR A CONDITIONAL USE PERMIT FOR A REST/RETIREMENT HOME ordinance upon application of Evelyn M. Fleming for a Conditional Use Permit for a Rest/Retirement Home on certain property located on the west side of Salem Road beginning at a point 1691.61 feet south of Recre- ation Drive, running a distance of 212.16 feet along the west side of Salem Road, running a distance of 986.19 feet along the southern property line, running a distance of 187.65 feet along the western property line and running a distance of 907.38 feet alonq the northern property line. Said parcel is located at 1725 Salem Road and contains 4.36 acres. KEMPSVILLE BOROUGH Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 30 - Item II-H.7 PLANNING ITEM # 21741 Sam Scott represented the Applicant Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech City Council ADOPTED an Ordinance upon application of HARRY T. AND LEATRA L. FERGUSON for a Change of Zoning per the following@ ORDINANCE UPON APPLICATION OF HARRY T. & LEATHA L FERGUSON FOR A CHANGE OF ZONING DISTRICT CLASSFICATION FROM R-8 TO B-2 Z0484846 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA: Ordinance upon application of Harry T. & Leatha L. Ferguson for a Change of Zoning District Classification from R-8 Residential District to B-2 COMMunity-Business District on certain property located on the South side of Indian River Road beginning at a point 900 feet more or less west of Kempsville Road,running a distance of 150 feet along the south side of Indian River Road, running a distance of 412 feet along the western property line, running a distance of 150 feet along the southern property line and running a distance of 412 feet along the Eastern property line. Said parcel contains 1.44 acres. KEMPSVILLE BOROUGH This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Sixteenth day of April, Nineteen Hundred and Eighty-Four. The following condition shall be required: 1. Dediciation of an appropriately sized scenic easement along this site's frontage along Indian River Road. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. (Councilwoman Oberndorf noted: "As given the existing commercial pattern in this area, the proposed rezoning is in keeping with the intent of the Comprehensive Plan for the area.") April 16, 1984 - 31 - Item II-H-8 PLANNING ITEM # 21742 Attorney Harry Hicks represented the applicant. (Mr. Hicks advised the acreage should be 2.80 as shown on the survey rather than 2.385 as shown in the city records.) Z. W. Sturgis, Vice President of Heritage Construction. A motion was made by Councilman Jennings, seconded by Counciman Heischober to APPROVE an Ordinance upon application of HERITAGE CONSTRUCTION COMPANY for a Change of Zoning from R-6 Residential District to R-8 Residential District per the following. Voting 4-5 (MOTION TO APPROVE LOST) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, and H. Jack Jennings, Jr., Council Members Voting Nay: Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. THE MOTION TO APPROVE WAS DEFEATED BY A VOTE OF 4 TO 5. Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council DENIED the Ordinance upon application of HERITAGE CONSTRUCTION COMPANY,INC., for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF HERITAGE CONSTRUCTION COMPANY, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 to R-8 Ordinance upon application of Heritage Construction Company, Inc., for a Change of Zoning District Classification from R-6-iesidential District to R-8 Residential District on certain property located on the west side of Riddle Avenue beginning at a point 169.40 feet south of Airstation Drive, running a distance of 180 feet more or less along the west side of Riddle Avenue, running a distance of 134.88 feet along the south side of Garden Drive, running a distance of 133.39 feet in a southerly direction, running a distance of 210 feet in an easterly direction, running a distance of 131.25 feet in a southerly direction, running a distance of 429.70 feet along the southern property line and running a distance of 514.20 feet along the western property line. Said parcel contains @@5- 2.80 acres. LYNNHAVEN BOROUGH. April 16, 1984 - 32 - Item II-H-8 PLANNING ITEM # 21742 (continued) Voting: 5-4 Council Members Voting Aye: Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creecb, Harold Heischober, and H. Jack Jennings, Jr. Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 33 - Item II-H.9 PLANNING ITEM # 21743 Attorney Grover Wright represented the applicant. Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of R. G. MOORE BUILDING CORPORATION for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO R-8 Z0484847 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from B-2 Community-Business District to R-8 Residential District on certain property located 165 feet east of Salem Road beginning at a point 70 feet more or less north of Elbow Road, running a distance of 266.94 feet along the southern property line, running a distance of 118.43 feet along the eastern property line, running a distance of 234-09 feet along the northern property line and running a distance of 219.45 feet along the western property line. Said parcel contains 40,293 square feet. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Sixteenth day of April, Nineteen Hundred and Eighty-Four. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Hayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 34 - Item II-H.10 PLANNING ITEM # 21744 Attorney Grover Wright represnted the applicant. Marie H. Russell, resident of Fir Avenue, was present in opposition to the Rezoning. William W. Turner, resident of Fir Avenue, was present in opposition to the Rezoning. (Letter from John E. and Wilma M. Sirine of April 3, 1984 requesting WITHDRAWAL of their Application is hereby made a part of the record.) Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED WITHDRAWAL of an Ordinance upon applicaton of JOHN E. AND WILKA M. SIRINE for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF JOHN E. AND WILMA M. SIRINE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 to 0-1 Ordinance upon application of John E. and Wilma M. Sirine for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office Distict on certain property located on the east side of South Fir Avenue beginning at a point 137.33 feet south of Bonney Road, running a distance of 140 feet along the east side of South Fir Avenue, running a distance of 139.90 feet along the southern property line, running a distance of 140 feet along the eastern property line and running a distance of 139.90 feet along the northern property line. Said parcel contains 19,586 square feet. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 - 35 - Item II-I-I APPOINTMENTS ITEM # 21745 By CONSENSUS, City Council RESCHEDULED Appointments for the April 23, 1984 City Council Meeting of the following: COMMUNITY SERVICES BOARD April 16, 1984 - 36 - Item II-I-2 APPOINTMENTS ITEM # 21746 Upon motion of Councilman Jennings, City Council APPOINTED the following. Nelson Sabin HOUSING BOARD OF APPEALS (To fill the unexpired term of John M. Connell to June 30, 1984, PLUS a two (2) year term ending June 30, 1986.) April 16, 1984 - 37 - Item II-J.1 UNFINISHED BUSINESS ITEM # 21747 Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council APPROVED the request of CHARLEMAGNE ASSOCIATES, INC., developer of Charlemagne by the Bay Condominiiuns, for an encroachment onto a public pedestrian access easement, subject to a Deed of Dedication for a five foot easement approved by the City Attorney in exchange for this nine foot encroachment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. April 16, 1984 37a - THIS DEED OF EASE14ENT, made this day of 1984, by and between VTRGINIA BEACII RESORT CONFERENCE IIOTEL, a Virginia general part:nership, tlie first party, and the CITY OF VIRGINIA BEACII (1@ereinafter referred to as "City"), a municipal corporation cf the Commonwealth of Virginia, the second p@irty; And Tri-iFtec, the tliird party; W I T N E S S E T Ii: That for and in cons@ideration of the sum of Ten Dollars ($10.00), cash in liand paid, and other good and valuable considerations, the reced.pt of wliich is liereby acknowledged, the first party does her(,by grant, with general warranty, unto tlie City, a nonexclusive easement for the purpose of public pedestrian accee-,s over a certain strip of land, 5 feet in width, designat@ed "5' PEDESTRAIN ACCESS EASEMENT BEING DLDICATED" on thz--t certain plat entitled "PLAT OF PEDESTRIAN ACCESS EASE@@,NT BEING DEDICATED TO TIIE CITY OF VIRGINIA BEACH BY VIRGINIA BEACH RESORT C014FERENCE liOTEL A VIRGINIA' GENERAL PARTlq]7',RSIIIP D.B. 2212, PC. 1291", Scale: 1" = 100', made by engineering services, inc., dated March 7, 1984, attached hereto and to b& recorded contemporaneously herewith. The first party e>,-pressly reserves, for the benefit of itself and its successors and assigns, the right to use said strip of land, and/or grant other easeinents over, under, on or above tlie same, so long as such use and/or other ease- meiits are not incorisistent wit]) LI)e riglits lierein granted to the City. The first party ccvenants that it is seized in fee simple of the above described property and has the right and power to grant the aforesaid easement; that the City shall have quiet and peaceful possession tliereof free from all encumbrances; and that -t will cxecute such further assurances thereof as. may be requi.,,@ite. April 16, 1984 - 37b - The third party joiiis in tlie execution of tliis i-ii- strument solely for the I)urpose of consenting to the i,,rantiii?, of the easemeiit liereby coiivcyed zind to Iii!; i-il@lit title and interest as Triistee under that certain deed of trust from the first par,--y to 3@iiTies R. Porter, c!t March 1, 1984, and recor-led in tlie Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2318, at page 1-42, in the easement herl@by con- veyed. WITNESS tlie following signatures and seals: VIRGINIA BEACII RESORT CONFERFNCE HO'fEL, a Virgi.nia general partnerstiip By General Partner By: O.W.L. Resort, a Virginia general partnership By_ D a@i d--@. -@61-s b y , J r . General Partner "tee STATE OF VIRGINIA CITY OF to-wit: a Notary Public in and for the City and State aforesaid, do liereby clrtify tii@it: Ilarvey B. Shiflet, 111, peneral partner of Virginia Beach Resort Conference liotel, a Virtinia gener@l partnershi.p, wliose name as stich is ,@igned to tlie foregoing Deed I)earing date on the c3ay of 14,,ircli, 1984, ]-las @icknowl eliged tlie same before me in my C'.ty and State aforesaid. GIVI-..N Llii(3cr iiiy li.,iiid tliis clay of 1984. April 16, 1984 @@oL@iry Ptiblic 37d - STATE OF VIRGINIA CITY OF to-wit: I, a Notary Public in and for the City and State aforesaid, do liereby certify David B. Ogelsby, Jr. , general p;trtner of 0. W. L. Rt@,,;oi-t@ , ;t Virginia general partnership, geiieral 1)arLiler of Vii-Viiii;i Beach Resort Coriferencc-, liotel, a Virginia genc@ral partnersllip, wliose name as such is signed to the foregoing Deed be;iring date on the _ day of March, 1984, has acknowledge(] tlie same before me in ITIY CLty and State aforesaid. GIVEN under my hajid this - day of 1984. Notary Pu-ric My Coinmission expires: STATE OF CITY/COUNTY OF to-wit: 1, a Notary Public in and for the City/County and State aforesai.d, do liereby certify that I Trustee, wliose name as such is signed to the foregoing Deed bearing date on the_ day of March, 1984, has acknowledged the saine before me in my City/County and State aforesaid. GIVEN under my hand this _ day of 1984. My Commission expires: April 16, 1984 37e f-,. EAA-E. BAY Pi A rREFERENCES -,@G. 30 M. 8.'89, hf. B. 145, PG. /8 PARCEL k) h) C4 CIZ @1%. c til in 76-533, 0-9. SHOR,- DRI VE VA RIA,6L C W) PLA7' 0 PEDESRRIAN ACCE BEIAIG DE-DICA rED rO -Y OF VIRGIIVI,4, GE-A ;rHE Cl 7 CH BY, VIRGINIA 6EACH REsoi?rCONFEREVCE HorEL A VIRGINIA GEIV.-RA L PA R TIVERSHIP D. B. 22 12, PG. /0,9/ /001 DA 7-C AFARCH 7, 198 4 LYNAIHAVL-N -60ROUGH VIRGINIA' REACH, VIIYGINIA engineering services inc ng Land S urveyingl--@-, 37f - MEMORANDUM Charlemagne by the Bay Condominium was constructed on Portions 22, 23 and 24 of Lot E, The Landings Subdivision, Virginia Beach, Virginia by Charlemagne Associates, Inc. Construction began in late 1981 and was substanti-ally c()m- pleted by the summer of 1.982. Along the western boundary line of Portion 22, there exists a 10' Public Pedestrian Access Easement, which easement extends from Croix Courc i.n the Landings Subdivision on the south to the Chesapeake Bay on the north. Wlien the condominium property was developed, a portion of the concrete pavement parking area for the condominium encroached onto the Public Pedestrian Access Easement. The concrete pavement encroachment was shown on the approved site plan for the condominium. Because of the topography of the condominium site and the adjacent property to the west, it was necessary to place a retaining wall along the edge of the concrete pavement and the condominium property to prevent drainage from and erosion of the property to the west of the condominium onto the condominium property. The following is a description of that portion of the Public Pedestrian Access Easement over which this request for authorization of an encroachment extends: ALL THAT certain portion of a 10' Public Pedestrian Access Easement, which extends along the western li@-ne of Portion 22, Lot E, The Landings Subdi-vision, which Easement, Portion, and Lot, are shown on a cercain plat entitled "SUBDIVISION PLAT OF THE LANDINGS, LYNNHAVEN BOROUGH -VIRGINIA BEACH, VIRGINIA", Scale 1" = 50', dated October 1, 1980, made by Engineering Services, Inc., Civil Engineering/Land Surveying, Virginia Beach, Virginia, which plat is recorded in the Clerk's Offi.ce of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 147, at page 7, and with reference to which said portion of the Public Pedestrian Access Easement over which the encroachment is authori.zed to exist is more particularl,y described as follows: April 16, 1984 37q - BEGIN at a pin in the westernmost point in the di.vi.ding line between Portion 21, Lot D and Portion 22, Lot E, and from said pin thence running S 15@51'42" E a distance of 136.66' to a pin; thence turning and running N 76*53'30" E a distance of approximately 10' to a point in the eastern line of the 10' Public Pedestrian Access Easement; thence turning and running northerl.y along the eastern line of the 1.0' Public Pedestrian Access Easement N 15@51'42" W a distance of 1.36.66' to a point in the dividing I.ine between Portion 21, Lot D and Portion 22, Lot E; thence turning and running S 76@53'30" W a distance of approximately 10' to a pin, the POINT OF BEGINNING. April 16, 1984 -2- - 38 - Item II-K. NEW BUSINESS ITEM # 21748 ADD-ON Councilwoman Oberndorf referenced Memorandum from Director of Planning Robert J. Scott to the City Manager (Copy of which is hereby made a part of the record) concerning proposed Amendment to Article 5, Section 573 (f) of the COMPREHENSIVE ZONING ORDINANCE. The Planning Commission had deferred the matter for sixty (60) days. Concilman Jennings referended that he had contaced Tuck Anderson, Pres- ident of the North Beach Civic League, to confer with his Board of Directors concerning this AMENDMENT. April 16, 1984 - 39 - Item II-K.1 NEW BUSINESS ITEM # 21749 The Director of Public Utilities, Aubrey V. Watts, Jr., presented the City's UTILITY EXTENSION POLICY. Mr. Watts reviewed the six (6) pre- sent policy considerations for extension and expansion of water and sewer systems: 1. Subdivision ordinance 2. Site Plan Ordinance 3. Administrative Regulations 4. Standards of the Department of Public Utilities 5. State Requirements A. Water (Waterworks Regulations, State Board of Health) B. Sewerage (Sewerage Regulations, State Department of Health and State Water control Board) 6. Comprehensive Plan In previous discussions, one KEY POINT was summarized: The City sizes faci- lities to meet the COMPREHENSIVE PLAN or the CURRENT ZONING whichever repre- sents the greatest impact on the Utility System. Mr. Watts utilized a map to demonstrate the "no growth" line which appears in the current COMPREHENSIVE PLAN and the impact of Utility Facility Devel- opment in coordination with this line. Basically, this line separates the developed or growth areas from the more rural areas of the City. This line has been defined by some as a "no-growth" line and others compare it to a "no rezoning" line. There is a significant difference. If this is a "no growth" line, then there is a built-in conflict within the system. There is substantial acreages of land to the south, or in the rural portion of the City, which are currently zoned for other than rural activities. Mr. Watts referenced various options: 1. Size the facility for each specific development. 2. Size utilities according to the Comprehensive Plan or Current Zoning, which ever represents the greatest im- pact on the Utility System. 3. Move the line and hopefully eliminate some of the con- flicts between the COMPREBENSIVE PLAN and the property which is already zoned. 4. Provide four service areas to meet certain geographic specific areas. 5. Down Zone the property. nAPS concerning three specific subdivisons, THREE OAKS DFVELOPMENT, FOXFIRE DEVELOPMENT, and COURTHOUSE ESTATES PLANNED UNIT DEVELOPMENT, were presented. April 16, 1984 - 40 - Item II.L.1 RECESS INTO EXECUTIVE SESSION ITEM # 21750 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council voted to RECESS into EXECUT@ SESSION for discussion of legal matters after which to adjourn. (4:15 p.m.) Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S. *Vote was taken VERBALLY April 16, 1984 41 - Item II-L.2 ADJOURNMENT ITEM 21751 By CONSENSUS, Council adjouined the meeting at Four Fifty-Five in the evening. y Deputy City Clerk cmc "@y r@. u City Clerk I City of Virginia Beach Virginia /bh April 16, 1984