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HomeMy WebLinkAboutDECEMBER 5, 1983 MINUTES "VVORLD'S LARGEST RESORT CITY" CITY COU,VCIL MAYOR LOI;IS R. ]ONES, B ... id, 13.,,,,gh VICE-MAYOR 13AR13ARA 41. IIENLEY, P.@g@ li,,,,,,gb ]Otf,V A. BA (iAl, 13@,..gb NAAICI' A. L.,g@ IIAROLD llr-,15CII013EP,, A, L,,g, 11. JACW JR.. ROfiERT (;. ]ONES, @ll L,,,g@ W. Ii. KIFCIIIN, til, Vigi@i. 13 ... b REBA S. @11,CLAVAN. P,i@,,@, A@@@ f3@,,,.gb J. IIENR)' t@(,OY, JR., K-p@,,ill, B,,,,,,gh 212 C17 Y []ALL BUILDINIG MI)NICIPAI. CFNTER MI@@YrRA f---. OfiERNDORF, At L.,g, l'IRGINIA BEACII, VIRGINIA 23456 Rt,'Tll IIOD(;ES S,@IITII, C,1/21C, Cit, Cl,,k (804) 42'-4303 CITY COUNCIL AGENDA December 5, 1983 ITEM 1. INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER Mayor Lotiis R. Jones B. ROL,L CALL OF COUNCIL C. MOTTON TO RECESS INTO INFORMAL/EXECUTIVE SESSION 1). PRESI@-NTATION/I)TSCUSSION OF PERTINEN'I' MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Cou C@i ii. Budget Workbooks: Councilmaii Jacl@ Jennings. b. Tax Relief for Elderly and Disabled: C,@uncilman fl@ar,@Ici ficischober E. CITY MANAGER'S ADMINISTRATIVE ITE@IS 1. RcqLiest of Ban if V Beach t,@ Fxpc(:tite Cliange o[ Z,@niiig 2. 1984 Legislative Package: [)i.scus@i(,,I. 3. Additional Floodplain Informati,@il 4. Interim Financial Statements - July I thr,@ti,@h October 31, 1983: Discussion. 5. Review of Consent A ITEM II. FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Ricliard J. leever Bayside Presbyterian Cliurch B. PLEDGE OF ALLEGIANCE TO TIFE FLAC OF TIIE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the ttinutcs of November 28, 1983. E. PUBLIC HEARING 1. Proposed Capital Improvements Program - 1983-84/1987-88 F. RESOLUTION 1. Res,@luti,@ri inslructing the Planning Comission to prepare an aniendment to the Comprehensive Plan with regard ti considerati,@n if availabilily to water facilities to serve future developinent G. CONSENT AGENDA All matters listed un@ier the Co,@sen@ Agend@a are consiciered in the ordinary c,,urse of blisiness by City C,,uncil and will be enacted by one motion in the form listed. Tlicre will be n,@ separate discussion @f these ite!qs. If discussion is desired, tliat ilem wil.1 be removed from the Consent Agenda and considered separately. 1. ResoltitLon autliorizing the Cil@y Manager ti execute @t license a@lreement with rl)e Carolina and Northwestern Railway Company. 2. Resolution encouriging tlie P,,rtSIDOLILli Rcdevelopment an(i liousing Authority to exercise its powers to issue industrial revenue bonds to assist in Lh,@ acquisition of a multi-family lioLising priject in Ltic city of Virginia Be@ich (Mansards Apartments). 3. Or6inance, on FIRST READTNG, to funds @f $68,286 for an Etnployment Services Program. 4. Or(iiiiance, on FIRSL@ RLAI)ING, @iL]Li,orizing l@lic issuatice ,f Public Improvement Bonds -f tlie Cicy ol. VLrg@inia Beacli, Virginia, in tlie maxift,Llm Inl,,u,IL of $19,570,000. 5. Or(iinatice, on FIRSI' READING, to appropriale to the Virginia Beach Volunteer Rcscue Squa,i, Inc. an amolint if $30,000 toward the purcliase ,f a crasl, trucl@. 6. Ordinance t(, Lransfer Capital Projcct Fuil6s ,f $30,000 fc,r Project 5-968 Water Utility Control Center Modernization. 7. Ordinance to autliorize a tomporary encroach,@ent into a portion of the right-of-way liolland R,@ad, liolland Road (relocateci) and Independence Boulevard (extended) to liarold Ileischober, hi.s heir,-;, assi.gn!; anci successors in Litle. ITEM 11. G. CONSENT AGENDA (Cont'd) 8. Or6inance to aulhorize a teinporary encr,@achatent intl a portion of Lhe right-of-way of 57th Street to Resort Motor Inns, Inc. 9. Ordinance autliorizing the City Manager to execute an agreement witti Cultural Experiences Unlimited to conduct a program provi6ing cultural and educalional services in facilities and neighborho,,6@ if 1,@w and moderate incime persons. 10. Ordinance declaring certain p,-,,perty ],,XCLSS and authirizing the City Manager dispose of same (Parcel 049 Seatack). 11. Ordinance authorizing certa.n events conducted on City property to be exempt fr,@m tlie prohibition from working or transacLing business on Sunday. 12. Low bi6 of ALec Associates, Inc., in the amount of $i5,590-00, f,,r tlie S,,its Program for General Booth Boulevard; and, autliorize Llie CiLy Manager to enter into the necessary agreements t,@r the '.iDplementati(,n of this project. 13. RequesL of the City Treasurer for tax refunds in the amount of $376.04. H. PLANNING: 1. Applic@ition of Kevin C. Conro, and I'homas A. O'Corman (C & 0 Automotive Wholesalers, Inc.), for a conditional ermit f,@r a car wash on a 19,331-square foot parcel located along the nortli side of Virginia Beach Boulevard, west of Witchduck Road (Bayside Borou@;h). (This marter wis Cicferred for one weel@ @n November 28, 1983.) a. Letter from the City Manaker transmits the recommendation of the Plar,iling C,,mission for approval. 2. Application of Jimmie A. Kocii. for a conditional use permit f,@r thirteen additional hotel units on a 14,000-square foot parcel locatcd at the northwest corner of ALI.ancic Avenue and 37th Street (Virginia Beac@h Borougli). a. Letter from the City Manager transmits the recommendation of the Plarining C,@mmissiin f,@i- ival. 3. Applicati,@n of Elizabeth It. Abbitt for a c,,ditional us, permit for a sh l@ter for farm employees on a 39-acre parcel l,icateci along the east side of Mucidy Creek Road at its iiatersection wilh Pleasant Ri@ge Road (Pungo Borough). a. Letter from the City Manaper transmits the recommendation of the Pla.ning Commission for approval. ITEM II. H. PLANNING (Cont'd) 4. Applicarion of Paula L. Collins and Bruce B. Mills for a conditional use permit for L on a 13,939-square foot parcel located along the south side of Pinewood Drive on Lots 1.7, 18, 19, 20, and @ portion of Lot 16, Block 1 of Pinewood (Virginia Beach B,,r,@@igh). a. Letter from the City Mana@,er transinits the recommendation of tlie Pl@i,ining Comissioii for denial. 5. Application of Middle Plantat@ion Development Company for a variance to Section 4.4(b) of the Subdivision Ordinance wliich requires rliat lor dirnensions cinform t,@ Lhe Compreheiisive Zoning Or(iinance. This req@iest i,,; for Lots 34, 35, 52, 53 , 5 7 , 70, 74, 75, 121, and 141, Phasc,- 6, Middle Plaiitation (Lynnhiven l@orougl)). a. Letter from the City Mana@ler transfnits the I recommendation of Lhe Pla,ining Commission for approval. 6. Application of Welcli Pile Driving Corporation for a conditional use mit f,,r a bulk storage/building contractor's yard on a 17.82-acre parcel located along the north side of liollanj Road, @,,utli ,f North LandsLOWTi Riacl (Princess Anne Borough). a. Letter frim ttie City Mana@ler transmits tlie I recommendation of the Plalining Commission for approval. 7. Application of Advance Associates for a change of zoning from AC-2 Agricultural District ti 1-1 Light Industrial. District on a 7.6-acre parcel; AND, a change of zoning from AC-1 Agriculttiral District t,, 1-1 Light Industrial District ona 10.2-acre parcel.. This property is located on the east side of Holland Road, south of North Landstown Road (Prin,,-ess Anne Borough). a. Letter frim tlie City Manager transmits the recommendati,in of the Plaiining Commission for oval. 8. Applicati,,n of Robert C. Brewer anci DInna S. Brewer fir a change of zoning from AG-2 Agricultural District to 0-1 Office District on a 1.263-,,cre parcel I.,,cate,:i along h@e south side of George Mason Drl'vc, west of North Landing Road (Princess Anne Borough). a. Letter from the City Mana,ler transmits the recommendation of the Pla,ining Commision for ,val. ITEM II. 11. PLANNING (Cont'd) 9. Application of George R. Powell for a change of zoning from A-1 Apartmeiit District t,@ ,k-2 Apartment District ,n a 25,563-square foot parcel lociited s,,uth of Nirfoll@ Avenue, west of Mai-sliview Drivc (Lynnhaven Borough). a. Letter from Lhe City Manager transfnits the recommendation of Lhe Planning Cc@mmission for denial. 10. Ordinance to amend and reordain Article 2, Section 200(a) of Lhe Comprehensive Zoning Ordinance pert@lining to regulations rclating to lot area; OrdiTiance to amend and reordaln Article 12, Section 1203 of tlie Comprehensive Zoning Ordinance pertaining to requirements applicable ro the floodplain; ANI), an Ordinance Lo amcnd and reordain Section 5.5 of the Subdivision Ordinance pertaining to street and other drainage. (This matter was deferred f,@r two weeks ,n Nivember 21, 1983.) 1. APPOINTMENTS J. UNFINISliEl) BUSINESS: 1. Acquisition of Kempsville Meadows Golf Course 2. PROPOSED REORGANIZATION OF Tlif,: VIRGINIA BEACH CITY COUNCIL a. Shall the size of City C,@tincil be reduced? b. If s,@, I)ow shall chis be ,ccompl.islied? K. NEW BUSTNESS L. ADJOURNMENT: 1. M,,Cion Lo a(ijc),-irn. PUBLIC IIEARING PROPOSED CAPITAL IMPROVEMENT PROGRAM FY 1983-84/1987-88 7:30 P.M. WEDNESDAY, DECEMBER 7, 1983 CONFERENCE ROOM THE PAVILION M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 5, 198@, The Regular @feeting of the Council of the City of Virginia Beach, Virginia was called to order by @fayor Louis R. Jones in the Conference Room, City Hall Building, on M-onday, December 5, 1983, at Eleven Ten in the morning. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice @layor Barbara M. Henley. H. Jack Jennings, Jr., @layor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan Council Members Absent: J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Note: Councilman I,,'cCoy entered the meeting at 11:15 a.m. Councilwoman oberndorf entered the meeting at 11:25 a.m. December 5, 1983 - 2 - ITEM # 21027 Mayor Jones entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the purposes shown below, after which to conduct its INFORMAL SESSION. 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 Baum, seconded by Councilman Kitchin, City Council voted to proceed into the INFORMAL SESSION following the EXECUTIVE 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 C. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf December 5, 1983 - 3 - RECESS TNTO EXECUTlVE SESSION ITEM # 21028 City Council recessed into EXECUTIVE SESSTON at Eleven Eleven in the morning. December 5, 1983 - 4 - COUNCIL RECONVENED ITEM # 21029 City Council reconvened for the TNFORMAL SESSION at One O'Clock in the afternoon. December 5, 1983 - 5 - M A T T E R S B Y C 0 U N C I L BUDGET WORKBOOKS ITEM # 21030 Councilman Jennings presented Council with Budget Workbooks which were compiled as a result of meetings with the City Council Budget Committee. These workbooks were prepared as an aid to the City Council on considering the 1984-1985 Operating Budget. Councilman Jennings requested Council's comments. Mayor Jones advised these comments were needed prior to January 9, 1984. NATIONAL LEAGUE OF CITIES ITEM # 21031 Councilwoman Oberndorf advised she had attended the National League of Cities Conference in New Orleans, Louisiana, November 26-30, 1983, and that it was a most interesting and beneficial conference. She cited three basic issues of the Conference as follows: 1. De-regulation by the Federal Government of cable television. 2. De-capping Industrial Development Revenue Bonds. 3. Workshop in industrial development. Councilwoman Oberndorf stated her intentions to present Council with a written synopsis of the Conference in the near future. Councilman Robert Jones, who also attended the Conference, advised the theme for the conference this year was "Strategic Planning" (last year, the theme was "Infra-Structure Decay"). He encouraged the entire Council to attend the 1984 Conference in Indianapolis. TAX RELIEF FOR ELDERLY AND HANDICAPPED ITEM # 21032 Councilman Heischober had proposed an amended ordinance reflecting changes in the City's program for real estate tax relief for the elderly and dis- abled. The proposed changes are enumerated in the City Manager's letter dated December 5, 1983. Said letter, along with its attachments, are hereby made a part of the proceedings. The figures used in the Tables are based on actual case files. Councilman Heischober con-nented that the City of Virginia Beach would be the first to offer the "freeze" should the proposed amendments be passed. This item will be placed on the Agenda for December 12, 1983, per Councilman lleischober's request and Council's concurrence. December 5, 1983 -5a- December 5, 1983 The Honorable Mayor Members of the Council Dear Council Members: Attached is a proposed ordinance which has been prepared at the request of Councilman Harold Heischober for changes in the City's program for real estate tax relief for the elderly and disabled. The ordinance provides for the following changes to the real estate tax relief program: 1. Citizens who qualify will have the option to exempt the amount of the increase in real estate taxes each year (tdx freeze) in addition to the tax deferral and exemption programs now in effect. 2. There is an increase in personal disability compensation exclusion from $4,000 to $5,000. 3. There is an increase in the maximum income exclusion per live-in relative from $2,000 to $4,000. 4. There is an increase in the combined income ceiling provision from $13,000 to $15,000. 5. The net combined financial worth ceiling is increased from $35,000 to $40,000. 6. The ordinance provides for the following tax exemption schedule: Total Income All Sources Exemption $ 0 - $ 91000 100% 9,001 - 10,000 80 10,001 - 11,000 60 11,001 - 13,000 40 13,001 - 15,000 20 Also attached is a table (Table 1) which shows the projected cost to the City with the maximum income limitation of $15,000 compared to the costs had the limitation remained at $13,000. Table 2 compares the benefits under the three options with the two income limitations for a typical qualifying citizen. councilman Heischober met with me and City staff on several occasions and assisted in the development of the ordinance and the tables. He has requested that this matter be ulaced on the Informal agenda for Council's discussion. Sincerely yours, THM:kdh December 5, 1983 -5b- xxzzz x ----------------- ---------------- 'ar ra i:* A@j. -Y@:0 -13 December 5, 1983 -5c- z z ZIZZZZZ z zlzzzzz 2 ----------- -ar 21 5. M.-A QAA It December 5, 1983 -5d- Requested By: Councilman Barold BeLachober AN ORDINANCE TO AMM AND REORDAIN CHAPTER 35, ARTICLE 11, DIVISION 3 OF THS CODE OF THE CITY OF VIRGINIA BEACR RELATING TO REAL ESTATE TAX EXE14PTION/DEFERRAL/PREEZE FOR CERTAIN ELDERLY AND D CAPPED PERSONS. 98 IT ORDAINLPD BY THR COUNCIL OtP THE CITY OF ViRrimIA SNACK, VIRGINIAT DIVISION 3. EXEMPTION, Oft DEPERRAL OR FREEZR POR-ELDERLY AND DISA,BLED !;ERSONS* Bee. 35-61. Definitions. (a) For purposes of this division, the tern *permanently and totally disabled" means unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can b* expected to result in death or can be expected to last for the duration of such person's life. (b) As used in this division, reference to the *city manager* shall include the city manager's authorized representative, as well as the city manager. (c) An used in this division, Otax freeseo refore to the total exemption of that portion of the real estate tax which reproments the increase in such tax since the taxpayer initially applied and qualified for exemption under this division. If, for any year following the initial qualification of a taxpayer for a tax freeze, such taxpayer becomes disqualified, an subsequent application for exemption by such Y taxpayei shall be treated as an initial application for purposes bf determining the tax freeze. (d) An used in this ditinion, the-tern *tax deftrralu shall mean a total deferral of real *state taxes assessed on real property inhabited by a taxpayer qualified und*r the terms of this division. The amount of such taxes so def*rred. shall become due and payable at a later date In accordance.with tho Orovisions of Section 35-67.1 of this division. December 5, 1983 -5e- An oned in this division, th* tors Otax txemptions shall mean tho exmmtion of that portion of the real@ entat* tax owed by a qualified taxpayer an deterain*d by Section 35-67 of this division. Soc. 35-62. Authorisod. Real estate tax oz*mption.L and d*ferral or freeze in provid*d for qualified pro"rty owners, who are not lose than sixty-five (65) years of age, or who aro p*rganently and totally dinabled, or who jointly hold land with a spouse who Is pormanontly and totally disabled, and who are sligibl* accordlng to other tormm of this division. Persons qualifying for such exomptionj. or doferral or freeze are d*omed to be bearing an extraordinary real *state tax burden in relation to their income and financial worth. sec. 35-63. Administration; rules and regulations of city manager. Tho exemption.L or deferral,or freeze provided for in this division shall be administored by the city manager according to-the general provisions contained In this division. The city managor is h*roby authorized and empowered to prescribe, adopt and enfore* such rules and regulations, including the requirement of &nowers under oath, as may be reasonably necessary to d*t*raine qualifications for the exemption.L or deforral or fre*ze provided for in this division. Tho city manager may r*quire the production of certified tax returns, appraisal reports and othor certifications to establish income, financial worth or dinability. sec. 35-64. General pterequisites to grantl effect of residency in hospital, nursing home, etc. (a) Either the exemptidn.L or doferral or freeze, but not both more than.one, as provided for in this division shall be granted to persons subject to the following provisionst -2- December'5, 1983 -5f- (1) Th* titl* to the proporty tor which exomption.L ow deforral or frteze is claiaw in hold, or partially h*ld, on June thirti@ lmediately preceding the ta@le year@ by the person or persons claiming ex*nption .L Or deforral or.. frees* and is occupied an th* sole dwelling of such person or persons. (2) Th* beed of the hous*hold occupylng the dw*lllng and ownlng title or partial title tb*r*to or *ither spouse in a dw*IlLng jointly hold by a husband and wif* La eith*r permanently and totally dinabl*d or in slxty-fiva (65) yoars of ag* or older an Jun* thirtl*th of th* year @iat*ly preceding tho taxable yeart provided, however, that a dwelling jointly held by a hus@nd and wif* may qualify if either @us* is over sixty-five (65) years of age on such dato. (3) Tht applicant has been a rosident of th* city for at least two (2) yoare imediately preceding the r*qu*st for exomption.L or deforral or freeze. '(4) Th* total combinod inoome, during the L=*diatoly pteceding cal*ndar year, from all sources excluding tho first gave fiv* thousand dollars +047"Ovf@f ($5,000.00) or any portion thoroot of any incons roceived by an ownor an pormanent disability covensation, of tho owner oil the dwelling living ther*in and ot the owner's relatives living in the dwelling do** not *xce" tb*rteen fifto*n thousand dollars a @ of (015,000.00)1 provided that, the tirst two four thousand dollars +0 @ fOvOO* ($4,000.00) ot income of *ach iolative# oth*r than th* @use of the own*r or ownorsf who In living in the dwelling shall not be includ*d In such total.... (5) Tho n*t combined tinancial worth, including equitable,int*rest, an of Dec*@r thirty-flrat ot the year Lmodiately pro@Lng the taxable year, of the owners, and ot the spouse bt any owner, excluding the valu* of tht dwaIlLng and the land# not exceeding one acre, upon which It Ls situatod, does not 3 5- g7 exceed th*rty-fiv* forty thousand dollars +#3sroooroo+ -L$40,000.00). (6) Tho dwelling is occupied. (b) Th* fact that persons who are otherwise qualifiod for tax *xemption def r .L or of ral or freeze pursuant to this division are residing in hospitals, nursing homeni convaleacent homes or other facilition for physical or mental care for extended periods of time shall not be construed to mean that th* real estate for which tax exemption,. or deferral or freeze is sought does not continue to be the sole dwelling of such persons during such extended periods of other residence, so long as such real entate Is not used by or leased to others for considoration. Soc. 33-66.'@ Applicantl@ affidavit and certificate of di@Llity. (a) Annually, not later than August fiftoenth, but after April' fifteenth, the person or persons claiming an *xouption.L or deferral or freeze under this divi*Lon shall filo a real estate taz exemption/deferral fr eze affidavit with the.clty sanager. Such affidavit shall set forth, in a manner prescribed by the city manager, th* location and assessed value of the property and the names of the related persons occupying the dw*lling for which exemption.. or deferral or freeze is claimed, their gross combined income and their net @ined financial worth. The affidavit shall also include indication, an to whethdr the person or persons claim 'eith*r the exemption.L or-the deferral or freeze option, the amount iof deforral being one hundred (100) percent of the real entate tax iiab@ ty. @yeare of@.. (b) If t@e applic'ant is tinder' sixty"flve (63)@ age, the affidavit required by subsection (a')'above shall attached th*reto.o.cortification by the social s*curity;,,;, on -the-.railroa administrationp the veterans adsibittrtti or rotirement board, or If such person is not *Iigible for certification by any of these agencies, asworn affidavit -4- -5h- (2) modical doctors licanned to practico medicine in the comonwealtho to the effect thai such person-in permanently and, totally dlaabled, as defined in section 35-61. :,The affidavit of'. at least one of such doctors shall be based @n a physical *zanination of the applicant by such doctori The,affidavit Of one of such doctors may be based upon n*dical information containod in the records of the civil servic* comission which in r*levant to the standards for d*teraining permanent and total dinability, an defined in soction 35-61. Sec. 35-67. Amount of exemption. When a person claiming exemption under this division conforms to the standards and does not *xceed the llattations contained in this division, the tax exemption shall be as shown on the following schodulet TOtal Income Tax All Sourcto Exemption 00.00 to $ $700orse 9,000.00 loot 6-roo,i-roo 9,000.00 to ;Tooevoo lotooo.00 so% qToo*Too 10 000. 0 to 9-rooo-pos @00.0-0 601 9700.1-roo 11,000.00 to 141909700 400 to *37090TGO 200 no li*n shall accruo an a result of the amount certifiod an *Xempt. S*c. 35-67.2. When amount of evemptedy4*ferred exemption/deTe-rral/freez* ex@s amount appropriated. In any tax year in which the amount appropriated by the city council for @e purpos* of providlng real estate taz exomt1on.L 4eLi deforral and/or freexe under, this division in not sufficient to afford the entire oxemption a 4*for ai ndam r PU t and/or freeze abi-e-orA*r-the-eom"babions woven to-section-3S-6*7 allovablo under the provisions of thii dlvision, th4 amount of exemptLon.L and@r deforral.@4 shall be computed as a fractlon of that @uftd-un"r-l allowable under the 7, of this division. the numerator of the fraction to be the amount of the appropriation for the tax year and the denominator of the fraction to be the total amount of all allowabl* *zenptlon@ and@ deforrals and/or freezes eoupub"-under-the-forsui!a shown-*n-oeet*en-aSS-6* qualified for under-the provisions of this division. Sec. 35-69. False claims. Any p*rson falsely claiming an exeaption.L ev d*ferral or freeze under this division shall be guilty of a clang 1 mindemeanor. This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of th* City of VirginL& Beach, VirgLnia on the day of 1983. First ReadLng, NBS/re 11/29/83 5/5/83 (ORD.8) 7-- APPROVED AS TO CONTENT .4GK4nM DEPARTMEM APPR@ AS To FORM C"f ATTP)1.14(Y 83 6 - M A T T E R S B Y C I T Y M A N A G E R DATE CORRECTIONS/ RECOMMENDATIONS/ PLANNING COMMISSION ITEM 21033 City Manager Muehlenbeck called attention to corrections of dates in the letter from the Department of Planning to Council Members, wherein recommendations were outlined for various applications. The date corrections were made on pages 1, 4 and 5, each in the sentence reading "To be considered by City Council on .......... Page 1--- December 12, 1983 in lieu of December 5, 1983 Page 4--- December 19, 1983 in lieu of December 12, 1983 Page 5--- December 05, 1983 in lieu of December 19, 1983 EXPEDITE COZ/ BANK OF VIRGINIA BEACH ITEA # 21034 The City Manager advised Council of the request by the Bank of Virginia Beach to expedite their application for a Change of Zoning. He also advised that the earliest the item could be placed on the Agenda would be January 16, 1984. Councilwoman Oberndorf requested the City Manager contact the Bank of Virginia Beach to determine the nature of their hardship prior to placing the application on the Council Agenda. 1984 LEGISLATIVE PACKAGE ITEM # 21035 The final recommendations for the 1984 Legislative Package were presented to Council Members and are hereby made a part of tbe record. The City Manager advised the definition of "border streets" was not included in the Package, inasmuch as the Staff did not "feel comfortable" with the definition. Councilwoman Oberndorf suggested the City Manager contact Chesterfield County, prior to December 12, 1984, regarding same. City Manager Muehlenbeck also pointed out that farm vehicles were not included in Item #4 (Hauling Materials on Higbways). This matter will be placed on the December 12 Agenda for final Council approval. December 5, 1983 - 7 - M A T T E R S B Y C I T Y M A N A G E R (continued) FLOOD PLAIN/ ADDITIONAL INFORMATION TTEM # 21036 Tn accordance with Council's request, Planning Director Robert Scott presented a map with an additional overlay depicting (in green) swamp areas which come under the jurisdiction of the Army Corps of Engineers. It was noted that this was not an exact determination of swamp areas inasmuch as an exact determination would require a field check. Boundaries were determined internally (within the City), not in connection with the Army Corps of Engineers. The City Manager will have preliminary maps available February 1, 1984. Council was presented with a memorandum dated November 17, 1983, addressed to the City Manager from Robert J. Scott regarding "Proposed Flood Plain Regulations". (Said memoranduin is hereby made a part of the record.) Councilman Baum expressed his great concern for protecting the natural floodways. In accordance with Vice Mayor Henley's request for a ballpark figure for maintenance costs of canals and drainageways, City Manager Muehlenbeck advised that it would be approximately $1.0 million per year per the Comprehensive Plan (does not take into consideration a new infra-structure). In relation to the above cost factor, Councilman Baum expressed the desire to be advised of the monies already expended by the City on tbe maintenance of said canals and drainageways. TNTERIM FINANCIAL STATEMENTS ITEM # 21037 Council was presented Interim Financial Statements for the period July 1, 1983 through October 31, 1983 (hereby made a part of the record). December 5, 1983 - 8 - RECESS INTO FORMAL SESSION ITEM # 21038 City Council recessed into the FORMAL SESSION at Two O'Clock in the afternoon. December 5, 1983 - 9 - F 0 R M A L S E S S 1 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 05, 1983 2:10 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Richard J. Keever Bayside Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA December 5, 1983 - 10 - Item II-D.1 MINUTES ITIN # 21039 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council APPROVED the Minutes of November 28, 1983. Voting: 10-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Abstaining: Meyera E. Oberndorf December 5, 1983 Item II-E.1 PUBLIC HEARING ITEM 21040 Mayor Jones declared the Public Hearing open on: PROPOSED CAPITAL IMPROVEMENTS PROGRAM - 1983-84/1987-88 City Manager Muehlenbeck made a presentation on the Proposed C.T.P. He advised the last Public Rearing on this issue will be held December 7, 1983, at the Pavilion at 7:30 p.m. Speakers: Nelson Sabin, Chairman, Great Neck Association of Civic Leagues Donald Williams, President, Chelsea-Green Hill Farms Civic League (re # 4-801) Dr. George Pass, President Tidewater Community College (re # 3-959) Robert Engesser, concerned citizen Johnny Johnson, Middle Plantation Civic League (re # 4-924) David Winiker, President, Larkspur Civic League (presented graphic map) (golf course) Maxine Graham, Sandbridge Resident and Real Estate Agent (re # 6-936) Ray LeSesne, Council of Civic Organizations Jack Harris, Larkspur Civic League, re Kempsville Golf Course Howard Tawney, re Kempsville Golf Course Paul Regal, Larkspur Civic League, and Concerned Citizens for Preservation of Golf Course Paul Redgate, Salem Woods Association, re Kempsville Golf Course Richard Eldridge, Larkspur Civic League (presented photographs, as well as petition letters from people interested in the preservation of the golf course -- hereby made a part of the record) Mayor Jones declared the Public Hearing closed. December 5, 1983 - 12 - Item II-E.2 PUBLIC HEARING ITEM # 21041 Mayor Jones declared a Public Hearing open on: PROPOSED BUDGETARY INCREASE FOR THE 1983-1984 FISCAL YEAR PROPOSED TNCREASE: General Fund, Department of Social Services: $68,286 Inasmuch as there were no speakers, Mayor Jones delcared the Public Hearing closed. (See item 11-G.3.) December 5, 1983 - 13 - Item 11-F.1 RESOLUTION ITEM # 21042 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council ADOPTED a Resolution instructing the Planning Commission to prepare an amendment to the Comprehensive Plan with regard to consideration of availability of water facilities to serve future development. Councilwoman Oberndorf referenced the proposed Comprehensive Plan amendment as "another tool" in order to explore three areas of concern: 1. Amount of water actually available to serve existing homes. 2. Amount of water available for areas already zoned. 3. Amount of water necessary if the Comprehensive Plan is changed and the densities are raised. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 -13a- REQUESTED BY: COUNCIL14E.?4BER MEYERA OBERNDORF A RESOLUTION INSTRUCTING THE PLANNINC COMMISSION TO PREPARE AN AMENDMENT TO THE COMPREHENSIVE PLAN WITH REGARD TO CONSIDERATION OF AVAILABILITY OF WATER FACILITIES TO SERVE FUTURE DEVELOPMENT WHEREAS, in recent years the City of Virginia Beach has experienced severe water shortages which have several times resulted in mandatory water conservation measures; and WHEREAS, projected studies indicate that such shortages will continue to occur on a more frequent basis as the number of water users in the City increases; and WHEREAS, despite continued efforts of the City to obtain additional sources of water, including the Lake Gaston Water Supply Project, it will still be several years before additional water supplies will be available; and WHEREAS, Section 15.1-466.1 of the Code of Virginia allows for the City Comprehensive Plan to take into consideration community service facilities such as water works and the like. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to S15.1-453 of the Code of Virginia that the Planning Commission is hereby directed to commence preparation of an amendment to the Comprehensive Plan addressing water supply needs and facilities, and upon preparation thereof, advise the Council of the same so that the appropriate hearing may be requested pursuant to Sections 15.1-453 and 15.1-431 of the Code of Virginia, 1950, as amended. Adopted by the Council of the City of Virginia Beach, Virginia, on December 05 1983. RHm/da 11/17/83 APPROV[-D AS TO CONTE@T (2) T !4[Y December 5. 1983 - 14 - Item II-G. CONSENT AGENDA ITEM # 21043 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council APPROVED, in ONE MOTION, the CONSENT AGENDA, with the exception of Item 2 (voted upon separately) and noting Councilman Heischober's abstention of vote on Item 7. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 - 15 - Item II-G.1 CONSENT AGENDA ITEM # 21044 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED a Resolution authorizing the City Manager to execute a license agreement with the CAROLINA AND NORTHWESTERN RATLWAY COMPANY. Voting: 11-0 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, W. H. Kitchin, IIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 -15a- RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE CAROLINA AND NORTHWESTERN RAILWAY COMPANY WHEREAS, the First Colonial Group is developing a trade arcade on First Colonial Road in the City of Virginia Beach, Commonwealth of Virginia; and WHEREAS, the public utility facilities necessary to serve such development will encroach upon right-of-way owned by the Carolina and Northwestern Railway Company; and WHEREAS, the Carolina and Northwestern Railway Company has agreed to grant a license to the City of Virginia Beach for such encroachment; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the City Manager be, and he hereby is, authorized to execute the attached license agreement between the City of Virginia Beach and the Carolina and Northwestern Railway Company allowing for location of City utility facilities upon the Railway's property. Adopted by the Council of the City of Virginia Beach on the T?i f tb day of 1983. December 5, 1983 -16- Item II-G.2 CONSENT AGENDA ITEM # 21045 Keith Quinney spoke on this matter. Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED a Resolution encouraging the PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY to exercise its powers to issue Industrial Revenue Bonds to assist in the acquisition of a multi-family housing project in the City of Virginia Beach (MANSARDS APARTMENTS). Voting: 11-0 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 C. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 16a RESOLUTION WHEREAS, Mansards Associates, a Virginia limited partnership now being organized (the "Purchaser") desires to acquire a multi- family housing project in the City of Virginia Beach, Virginia, and to operate the housing project so as to make available at least 20% of the housing units to persons of low or moderate income; and WHEREAS, the City of Virginia Beach wishes to foster the availability of housing to persons of low or moderate income; and WHEREAS, the Purchaser desires to finance the acquisition of said housing project with the proceeds of industrial development bonds exempt from taxation pursuant to Section 103(b)(4)(A) of the Internal Revenue Code; and WHEREAS, the Portsmouth Redevelopment and Housing Authority has the power to make loans for assistance in planning, undertaking and financing housing projects, and has the power to issue its bonds for the benefit of the Purchaser to make such a loan; and WHEREAS, there is a shortage of safe or sanitary dwelling accomodations in the City of Virginia Beach available to persons of low income at rentals they can afford; and WHEREAS, these conditions can best be remedied through the exercise of the Portsmouth Redevelopment and Housing Authority's powers with the City of Virginia Beach; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There is a need for the Portsmouth Redevelopment and Housing Authority to exercise its aforesaid powers within the City of Virginia Beach for the purposes hereinabove described, and the Authority is invited and encouraged to issue its bonds for the benefit of the Purchaser and the furtherance of said purposes. 2. The Chairman or Vice-Chairman of or counsel selected by the Authority is hereby authorized to attend to the institution of a proceeding on the Authority's behalf, if requested to do so by the Purchaser, in the Circuit Court of the City of Portsmouth to provide December 5, 1983 -16b- for the judicial validation of the bonds pursuant to Article 6, Chapter 5, Title 15.1 of the Code of Virginia of 1950, as amended, and, in connection therewith, to take whatever further action, including the prosecution of an appeal, as is deemed necessary or desireable in order to provide for validation of the bonds. 3. These resolutions shall not be deemed an endorsement of said bonds or the creditworthiness of the Authority, the Purchaser or any other person or entity, and the bonds shall provide that the City shall not be obligated to pay the bonds or the interest thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City or the Authority shall he pledged therefor. Adopted by the Council of the City of Virginia Beach, Virginia on the Fifth dav of December, Nineteen Hundred Eighty-Three. December 5, 1983 2 - 17 - Item II-G.3 CONSENT AGENDA ITEM # 21046 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council APPROVED an Ordinance, on FIRST READING, to appropriate funds of $68,286 for an EMPLOYMENT SERVICES PROGRAM. (This item was included in the Public Hearing for "Proposed Budgetary Increases for the Fiscal Year 1983- 1984.) Voting: 11-0 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 C. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 - 17a- AN ORDINANCE TO APPROPRIATE FUNDS OF $68,286 FOR AN EMPLOYMENT SERVICES PROGRAM WHEREAS, under a arant from the federal government the Denartment of Social Services has Darticipated in a three month pilot program entitled Food Stamp Work Regis- tration/Job Search Program, and WHEREAS, the program was designed to assist Food Stamp recipients in obtaining work exderience by providinq assistance in job search and reqistration for jobs through the Social Services Department, and WHEREAS, the Deoartment of Social Services has been notified that the program will be extended through September 30, 1984 with a grant award of $121,725 of which $68,286 will be needed to provide the program from January - June of this fiscal year and the remainder of the grant will be included in the budget process for FY84-85 for City Council consid- eration, and WHEREAS, the FY83-84 portion of the grant will provide for five professional and two clerical positons to accomplish the task of assistinq approximately 800 Food Stamp recipients, and WHEREAS, no local funds are required. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $68,286 are hereby approoriated to the Devartment of Social Services for the FY84 portion of the Employment Services Program grant as follows: Estimated Revenue Local Total From the Federal Government Match Appropriation Employment Services Program $68,286 $68,286 BE IT FURTHER ORDAINED that the anpropriation be financed by $68,286 estimated revenue from the federal government. BE IT FURTHER ORDAINED that seven personnel Dositions are hereby authorized for the duration of the grant to be paid from the grant with the class of employees to be :,7 -17b- determined by the City Manager. BE IT FURTHER ORDAINED that should the federal reimbursement for this program, based on the actual expen- ditures incurred, be less than the amount appropriated, the appropriation will be reduced accordingly. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on day of 1983. FIRST READING: December 5, 1983 SECOND READING: - 18 - Item II-G.4 CONSENT AGENDA ITEM # 21047 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council APPROVED an Ordinance, on FIRST READING, authorizing the issuance of PUBLIC IMPROVEMENT BONDS of the City of Virginia Beach, Virginia, in the maximtm amount of $19,570,000. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 -18a- AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC I@IPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $19,570,000 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued public improvement bonds of the City of Vir@inia Beach in the maximum amount of NIIIETEEN MILLIOtl FIVE liUiiDRED \ND SEVENTY THOUSAND DOLLARS ($19,570,000) to provide Etincis, to@,cttioi- with other funds that mav be available, for the following purposes: School projects, including planning, site acquisition and improvement, construction, enlargement, renovation, repair and equip- ping of schools and related facilities $ 3,308,497 Engineering and highway projects, including right-of-way acquisition, construction, improvement and extension of streets, bridges and highways, and studies, design and construction of drainage systems and related facilities 7,526,363 Dredging Eastern Branch Lynnhaven River 287,000 Building projects, including planning, site acquisition and improvement, construction, alteration, addition, enlargement, renova- tion and equipping of various municipal buildings and facilities, including third police precinct, radio tower, animal control building, central library, Virginia Museum of Marine Sciences, human resources building, juvenile court building and district court, landfill expansion and energy conservation 7,335,200 Parks and recreation projects, including planning, site acquisition, renovation and development of new parks and community and recreation centers, golf course and racquet- ball courts 1,112,940 TOTAL $19,570,000 December 5, 1983 -18b- -2 - Any amount not needed for any of such plirposes may be use(I F()r any other of such purposes. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time the bonds are sold, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner, including the sale of the same as one or more separate issues or in combination with the sale of general obligation bonds heretofore or hereafter authorized for similar or other purposes, as the Council shall hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. 5. This ordinance shall take effect immediately. Approved this day of November, 1983 Mayor FIRST READING: December 5, 1983 SECOND READING: December 5, 1983 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS INCLUDED IN TRE PROPOSED 1983 CHARTER BOND ISSUE Funding from This Bond issue Project Numbe School ect-- 1-609 Princies Anne High School Renovations lighting, $ 90,000 Installation of new gym f I bleacher refinishing, painting of gYm. -w ceilings and lights, two he8ting units, and replacement of hot water heattng distribution lines. Total estinated project cost - $371,000. 1-806 Cooke Elesentary School Renovation 20,000 InstallatiOn Of -w flooring, ceiling, and replacement of Incandescent with fluorescent fixtures throughout the building. Total estimated project cost - $80,000- 1-904 New Cox High School 59,697 Congtruction of a -w high school for approximately two thousand students within &ppr-imately 240,000 square feet of space. Total estimated project cost - $13,443,000. 1-907 yempsville Meadows Elementary School Lighting 17,800 Replacement of - aging and high energy lighting Byg- tem through-t the building with a more efficient systeM. Total estimated project cost - $42,800. 1-911 Shelton Park Elementary School Renovation 106,000 Installation of new flooring, electric service, &nd replacement of incandescent with fluorescent lighting fixtures throughout the building. Total estimated project ..t - $156.000. 1-912 Thoroughgood Elementary School Renovation 29,000 Installation of new flooring in ten classroome -d replacement of incandescent with fluorescent lighting fixtures throughout the building. Total estimated project cogt - $69,000. 1-915 Brllndon and Princess Anne Junior High Schools Tennis 75,000 courts Addition of six tennis courts each at Brandon Junior High School and Princess Anne Junior High School. Total estimated project cost - $139,500. -1- L-84MCIP-BOND3 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS INCLUDED IN TRE PROPOSED 1983 CHARTER BOND ISSUE Funding from Project Number, Title, Description This Bond Issue School Projects: (continued) 1-916 Centerville Elementary School 1,725,000 Construction of a new elementary school for approxi- mately nine bundred students within 66,000 square feet of space. Total eatiuated project cost - $4,076,000. 1-917 Red Mill Farm Elementary School 475,000 Construction of a new elementary school for approxi- mately nine hundred students within 66,000 square feet of space. Total estimated project cost - $4,450,000. 1-919 Bayside Eleuentary School Renovation 1060000 Rewiring of older portions of the school, providing additional outlets in each classroom, and converting incandescent to fluorescent lighting fixtures. Total estimated project cost - $106,000. 1-920 Court House Elementary School Renovation 105,000 Reroofing of the entire building and the installation of new fluorescent fixtures in new wing, cafeteria, and corridors to replace existing incandescent lighting. Total eatisated project cost - $105,000. 1-922 Dey Elementary School Roofing 125,000 Reroofing the entire school and replacement of the existing roof deck. Total estimated project cost - $125,000. 1-923 Luxford Elementary School Roofing 175,000 Reroofing of the entire building. Total estimated project cost - $175,000. 1-937 Recreation Drive Junior High Schoox 500000 Construction of a new junior high school for approxi- mately eighteen hundred students. Total estimated project cost - $12,765,000. 1-951 West Kempsville Senior High School (Partial) 100,000 Construction of a new high school for approximately two thousand students within 236,000 square feet of space. Total estimated project cost - $16,300,000. -2- L-84MCIP-BOND4 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS INCLUDED IN THE PROPOSED 1983 CHARTER BOND ISSUE Funding from Project Number, Title, Description This Bond Issue School ProJects: (concluded) 1-952 West Kempoville Elementary School II $ 50,000 Construction of a now elementary school for approxi- mately nine hundred students within 66,000 square feet of space. Total estimated project cost - $4,765,000. Total School Projects $ 3,308,497 Engineering and Highway Projects: 2-002 Baxter Road Relocation $ 656,000 Relocation of the intersection of Baxter Road and Independence Boulevard by relocating Baxter Road from Alicia Drive to Keener Lane. Project also includes extending the toll road off-ramp approximately 1,160 feet to tie with the relocated intersection. Total estimated project cost - $1,720,950. 2-003 Lynnhaven Parkway - Hollind Road Intersection 780,000 Reconstruction of the existing intersection to provide double left-turn lanes and longer right-turn lanes. Total estimated project cost - $962,500. 2-004 Lake Smith Spillway Bridge 5,000 Rehabilitation of the existing bridge along Sbore Drive at the Lake Smith Spillway. City/State funded project. Total estimated project cost - $1,200,000; City Share - $60,000. 2-401 Newtown Road - Phase II 40,000 Construction of a four-lane arterial street from Virginia Beach Boulevard at the Newtown Road inter- section to Baker Road. City/State funded project. Total estimated project cost - $1,472,100; City Share - $140,700. 2-410 Great Neck Road - Phase II 403,725 Construction of a four and six-lane divided arterial street from Shorehaven Drive to Shore Drive including a high-rise bridge over Long Creek and Long Creek Canal. City/State funded project. Total estimated project cost - $14,634,000; city Share - $1,382,450. -3- L-84MCIP-BOND5 CITY OF VIRGINIA BEACR, VIRGINIA PROJECTS INCLUDED IN THE PROPOSED 1983 CHARTER BOND ISSUE Funding from Project Number, Title, Description This Bond Issue Engineering and Highway Pr @cts: (continued) 2-712 Dredging Eastern Branch Lynnhaven River $ 287,000 Dredging of a channel extending nortbward from. Virginia Beacb loulevard through London Bridge and dovn the Eastern Branch into Lynnhaven Bay, terminat- ing at tbe federal dredging project at Lynnhaven Inlet. Total estimated project cost - $4,012,000. 2-815 Stumpy Lake Hydraulic Study and Drainage Improvements 200,000 A hydraulic study with the subsequent design and con- struction of drainage outfall systems for Stumpy Lake. Improvemente-will include sajor sodifications to existing spillway structure, access road, and major channel work for residential drainage systems with outfall into the Stumpy Lake Reservoir. Total estimated project cost - $909,500. 2-816 Highway Safety Improvement Project 300,000 Turn lanes, bypass lanes, intersection improvements, and realignment of sharp curves throughout the City. Total estimated project cost - $2,715,000. 2-819 Ocean Park Stora Drainage 526,456 An engineering drainage and hydraulic study with the subsequent design and construction of a storm drainage system for the Ocean Park area nortb and south of and including Shore Drive. This project includes two storm water pump stations. Total estimated project cost - $1,583,500. 2-821 Diamond Lake Estates Storm Drainage 311,800 An engineering drainage and hydraulic study with the subsequent design and reconstruction of outfall system for Diamond Lake. Total estimated project cost - $326,800. 2-826 Atlantic Ocean Underwater Obstruction Removal 25,000 The removal of steel and steel debris from the former 2nd Street Steel Pier, the -Potters" offshore water- break device, and sunken barges along the coastline. Total estimated project cost - $375,000. -4- L-84MCIP-BOND6 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS INCLUDED IN THE PROPOSED 1983 CHARTER BOND ISSUE Funding from ProJect Number, Title, Description This Bond Issue Engineering and Highway Projects: (continued) 2-827 Wayside Bridge $ 3,140 The rehabilitation of the Wayside Bridge located on Military Highway at the Norfolk City Line, along the Elizabeth River. City/State funded project. Total estimated project cost - $541,900; City Share - $37$640. 2-828 Independence Boulevard Intersection at Ferrell Parkway 200,000 Advanced site acquisition for future interchange as approved by City Master Street and Highway Plan. Total estimated project cost - $500,000. 2-832 Wesleyan Drive 229,085 Construction of a four-lane divided highway from Baker Road east to tie in with Diamond Springs Road extended. City/Developer funded project. Total estimated project cost - $736,970; City Share - $546,420. 2-836 Raygood Road 31,500 Reconstruction of the existing 2.1 mile two-lane road to a four-lane facility frou Independence Boulevard to Bayside High School and a new alignment between Bayside High Scbool and Diamond Springs Road to connect with Wesleyan Drive extended. City/State funded project. Total estimated project cost - $5,834,500; city Share - $1,371,500. 2-837 Various Public Improvements 151,630 The City's share of funding for amll improvements where the residents of a particular area have peti- tioned the City for the improvement and bave con- tracted with the City to share the cost. Total estimated project cost - $951,630. 2-902 North Beach Storm Drinage - Phase Ill 164,000 Construction of a pump station for the North Beach area around 58th Street with a subserged outfall and a gravity trunk line along Atlantic Avenue. Total eattmated project cost - $3,396,500. -5- L-84MCIP-BOND7 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS INCLUDED IN THE PROPOSED 1983 CHARTER BOND ISSUE Funding from Project Number, Title, Description This Bond Issue Engineering and Highway ProJects: (continued) 2-911 Kempsville Road - Phase II $ 437,121 Construction of a 1.779 mile four-lane divided arter- ial street from Indian River Road to Centerville Turn- pike. This project will include a bikepath. City/ State funded project. Total estimated project cost - $5,432,000; City Share - $1,442,000. 2-919 Shipps Corner Road and Bridge 171,600 Reconstruction of Shipps Corner Road to a four-lane undivided highway from Holland Road to London Bridge Road as a wjor collector street, including realigw- sent and a new high-rice bridge structure over Canal #2. Total estimated project cost - $4,059,400. 2-926 Atlantic Avenue Beautification (Partial) 56,000 Roadway improvesents, landscaping, development, and beautification of Atlantic Avenue from the Rudee Loop to 40th Street, a distance of approximately 14,500 feet. Total estimated project cost - $28,664,750. 2-933 Lynnhaven Parkway - Phase VI 1,137,660 Construction of the remaining two lanes of a four-lane divided highway through Green Run from Princess Anne Road to Holland Road for a distance of approximately 10,880 feet. Total estimated project cost - $2,894,460. 2-951 Lake Banbury Outfall Drainage 700,000 Major drainage improvements to the Level Green outfall system, the College Park drainage system, Providence Road, and the Lake Banbury outfall system, and do@ stream channel. Total estimated project cost - $1,762,000. 2-953 Beggar's Bridge 98,650 Replacement of the existing timber bridge an Muddy Creek Road with a new structure. Total estimated project cost - $289,150. -6- L-84MCIP-BOND8 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS INCLUDED Di THE PROPOSED 1983 CHARTER BOND ISSUE Funding from Project Number, Title, Description This Bond Issue Enstineering and Highway Projects: (continued) 2-954 Ferrell Parkway - Phase IA $ 332,356 Construction of two lanes of a future four-lane faci- lity from Indian Lakes Boulevard east to the extreme boundaries of the Indian Lakes development. City/ Developer funded project. Total estimated project cost - $1,315,426; city Share $724,081. 2-962 Pungo Ferry Road Bridge (Parti&l) 90,000 Replacement of the existing swing span and bridge approach spans. Total estimated project cost - $7,8D6,000. 2-966 Inlynnview Road 100,000 Constructicrn of a major collector road from Great Neck Road to Spigel Drive. Total estimated project cost - $862,583. 2-974 Sandbridge Road - Alignment 1060000 Engineering design and reconstruction of two severe curves along existing Sandbridge Road east of Princess Anne Road and west of the Lagoser Subdivision. Total estimated project cost - $306,000. 2-977 Shore Drive Bridge over Eastern Shore Railroad 20,000 Replacement of the existing bridge on Shore Drive at the western city line as it crosses the Eastern Shore Railroad. City/State funded project. Total estimated project cost - $1,200,000; City Share - $60,000. 2-988 Computerized Traffic Signal System Expansion 1770640 Extension of centralized system to the following areas: Laskin Road, First Colonial Road, Independence Boule- vard, Princess Anne Road, Pacific Avenue, Atlantic Avenue between 17th and 31st Streets including side streets, Holland Road, General Booth Boulevard, and Newtown Road. Total estimated project cost - $955,000. -7- L-MCIP-BOND9 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS INCLUDED IN THE PROPOSED 1983 CHARTER BOND ISSUE Funding from Project Number, Title, Description This Bond Issue Engineering and Highway Projects: (concluded) 2-989 Rosemont Road - Phase III $ 72,000 Design and construction of a four-lane arterial high- way from Holland Road to Dahlia Drive, a distance of 21200 feet. Total estimated project cost - $1,018,000. Total Engineering and Righways $ 7,813,363 Building Projects: 3-802 Third Police Precinct Alterations $ 10,000 Construction of additional parking for the public, employees, and City vehicles at the Third Police Precinct. Total estimated project cost - $40,000. 3-807 Radio Tower 280,790 Erection of a 400-foot radio tower and the construc- tion of a metal or blocked building. Total estimated project cost - $280,790. 3-808 Animal Control Building Addition 291,000 Tbe addition of sixty indoor pens, sixty outdoor pens, expansion to the feed room, and one additional cat kennel at the Bureau of Animal Control. Total estimated project cost - $291,000. 3-826 Energy Conservation Program 1,136,784 A comprehensive study of and EDdific&tion to 811 structural, lighting, and mechanical systess in buildings at tne Municipal Center and installation of a Heat Pump System at the Central Reating Plant along with a computerized control and MDnitoring SYSteS for all major buildings. Total estimated project cost - $1,706,100. 3-905 Central Library 600,000 Construction of a multiple-story facility of 90,000 square feet with potential for vertical or horizontal expansion to 120,000 square feet to serve as the City's principle public library facility with a collection of 400,000 books and related materials. Total estimated project cost - $11,107,800. -8- L-MCIP-BONDIO CITY OF VIRGINIA BEACH, VIRGINIA PROJ@S INCLAIDED IN ME PROPOSED 1983 CHARTER BOND ISSUE Funding from Project Number, Title, Description This Bond Issue Building Projects: (concluded) 3-928 Virginia Museum of Marine Sciences 2,250,000 A 41,500 square foot building to be constructed at Owl Creek. Exhibits and programs will focus on Virginia Beach's wrine environment; approximately balf of the exhibits will consist of live wrine animals which will be displayed in the museus's 100,000 gallons of marine aquaria. Total estimated project cost - $5,784,402. 3-933 Landfill #2 Expansion 1,680,892 The acquisition of 262 acres of land adjacent to the present Landfill #2 and the preparation of that land for use as a landfill. Portion to be funded by City of Norfolk. Total estimated project cost - $7,845,718; city Share - $6,532,710. 3-938 Human Resources Building Renovation 1,070,000 Renovation of 15,200 square feet of the Social Ser- vices Building into a Health Department Clinic, oper- ational facilities to replacecurrent Bayside and Municipal offices, and 9,800 square feet for Mental Health and Mental Retardation Sheltered Workshop. Total estimated project cost - $2,000,000. 3-950 Juvenile Court Building and District Court Building Renovation 15,734 Construction of a 30,000 square foot building for the Juvenile Court to include courtrooms, hearing rooms, and attorney conference rooms area for Juvenile Court Clerk and Juvenile Probation. Also includes renova- tion of existing Juvenile Court area of the District Court Building for used by General District Court. Total estimated project cost - $5,300,000. Total Buildings $ 7,335,200 Parke and Recreation Projects: 4-606 Bow Creek Comunity Center Renovation $ 35,940 Reconst@ction and renovation of devastated structures, construction of golf cart storage facility, irrigation system, and chain link fence, to provide Princess Anne Plaza area with a center of recreational civic activities. Total estimated project cost - $1,768,749. -9- L-,MCIP-BOND11 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS INCLUDED IN THE PROPOSED 1983 CHARTER BOND ISSUE Funding from Project Number, Title, Description This Bond Issue Parks and Recreation Projects: (continued) 4-801 Virginia Beach Recreation Center - Great Neck - Phase 1 200,000 The first phase of construction of a community center which includes a 50 meter indoor pool, gymnasium, meeting rooms, recreation hard surface areas, rest- rooms, tables, grills, and parking areas. This phase provides the pool with support facilities. Total estimated project cost - $3,254,645. 4-802 Woodatock Park 222t724 Development of 30.3 acres of woods and open space located at Providence Road and 1-64 Total estimated project cost - $947:475. 4-809 Rosemont Foreat Park 190,704 Acquisition and development of one acre in the Rose- mont Foreat subdivision for use as a park. Total eatimated project cost - $234,704. 4-810 Linkhorn Cove Park 49,020 Acquisition and development of a 2.1 acre site in the Linkhorn Cove subdivision for use as a park. Total estimated project cost - $57,020. 4-913 Great Neck Park Development 100,252 Development of a 70 acre park in the Lynnhaven borough contiguous to the Lynnhaven Bay and accessed by Great Neck Road and Shorehaven Drive. Total eatianted project cost - $1,042,456. 4-914 Red Wing Golf Course (18-Hole Addition) 70,000 Acquisition of an additional 162 acres adjoining the existing 275 acres of Red Wing Golf Course, and development of an additional 18-hole course. Total estimated project cost - $1,070,000. 4-915 Lynnhaven Park (Racquetball Court Addition) 99,000 The addition of four racquetball courta to existing courtS, screen covering, and an observation deck at the Lynnhaven Park. Total estimated project cost - $165,703. -10- L-MCIP-BOND12 CITY OF VIRGINIA BEACH, VIRGINIA PROJECTS INCLUDED IN THE PROPOSED 1983 CHARTER BOND ISSUE Funding from Project Number, Title, Description This Bond Issue Parks and Recreation Projects: (concluded) 4-921 Garden Park - Incinerator Site $ 145,300 The development of the former incinerator site into a 12.9-acre park off Laskin Road west of Holly Road and northeast of the Bean Avenue and Barberton Drive Intersection. Total estimated project cost - $245,300. Total Parks and Recreation Projects $ 1,112,940 TOTAL PROPOSED 1983 CHARTER BOND ISSUE 70 000 -11- L-MCIP-BOND13 -19- Item II-G. 5 CONSENT AGENDA ITEM # 21048 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council APPROVED an Ordinance, on FIRST READING ' to appropriate to the VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. an amount of $30,000 toward the purchase of a crash truck. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: None December 5, 1983 -19a- AN ORDINANCE TO APPROPRIATE TO THE VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. AN AMOUNT OF $30,000 TOWARDS THE PURCHASE OF A CRASH TRUCK WHEREAS, the Virginia Beach Volunteer Rescue Squad, Inc. has identified the need to replace a crash truck, and WHEREAS, a new crash truck which will better serve the needs of the citizens within the service area will cost approximately $192,000, and WHEREAS, the Virginia Beach Volunteer Rescue Squad, Inc. has requested $30,000 to assist in the purchase of the new crash truck and City Council considers it appropriate to make this amount available for such a purpose. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $30,000 be aupropriated from the General Fund Balance to the Virginia Beach Volunteer Rescue Squad, Inc. to assist in the purchase of a new crash truck. It is anticipated that these funds will be repaid on March 29, 1984. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on _day of 1983. FIRST READING: December 5, 1983 SECOND READING: Ar, T-- CONTENIT - 20 - Item II-G.6 CONSENT AGENDA ITEM # 21049 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to transfer Capital Project Funds of $30,000 for Project 5-968 - WATER UTILITY CONTROL CENTER MODERNIZATION. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 -20a- AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $30,000 FOR PROJECT 5-968 WATER UTILITY CONTROL CENTER MODERNIZATION WHEREAS, in August an electrical storm caused considerable damage to computer equipment at the Water Utility Control Center, and WHEREAS, in the repair effort, the Department of Public Utilities encountered difficulty in obtaining certain parts for the computers due to the age of the equipment and consequently the control center was inoperable for several days and under partial operation for several weeks, and %'HEREAS, based on this experience, the Department of Public Utilities desires to accelerate the time frame of project 5-968 Water Utility Control Center Modernization by transferring funds of $30,000 to allow for a study to survey existing equipment, advise on the remaining service life of the components, and develop preliminaty plans for modernization of the system, and WHEREAS, the fund transfer can be provided from excess funds in project #5-907 North Virginia Beach Area Mains in the Water and Sewer Capital Projects Fund; NOW, THEREFORE, BE IT ORDAINED IIY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $30,000 be trans- ferred from excess capital projects funds in project #5-907 North Virginia Beach Area Mains in the Water and Sewer Capital Projects Fund to Project 5-968 Water Utility Control Center Modernization for the necessary study to develop plans for the modernization of the Control Center. This ordinance shall be effective from date of adoption. ADOPTED: December 5, 1983 December 5, 1983 - 21 - Item II-G.7 CONSENT AGENDA ITEM # 21050 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Holland Road, Holland Road (relocated) and Independence Boulevard (extended) to IIAROLD HEISCHOBER, his heirs, assigns and successors in title. Voting: 10-0 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, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Harold Heischober December 5, 1983 -2la- Requested By: Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY HOLLAND ROAD, HOLLAND ROAD (RELOCATED) AND INDEPENDENCE BOULEVARD (EXTENDED) TO HAROLD HEISCHOBER, HIS HEIRS, ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Harold Heischober, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-ways of Holland Road, Holland Road (relocated) and Independence Boulevard (extended). That the temporary encroachment herein authorized is for the purpose of erecting and maintaining a private 2' D.I. Eorce main to service a structure to be used as a motor vehicle dealership located adjacent to Holland Road and that said encroachment shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-ways known as Holland Road, Holland Road (relocated) and Independence Boulevard (extended), on the certain plat entitled: "PRIVATE 2" D.I. FORCE MAIN INTO CITY RIGHT-OF-WAYS OF HOLLAND ROAD, HOLLAND ROAD (RELOCATED) AND INDEPENDENCE BOULEVARD (EXTENDED),' a copy of which is on file in the Department of Public Work and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Harold Heischober, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City December 5, 1983 -2lb- right-of-ways of Holland Road, Holland Road (relocated) and Independence Boulevard (extended) and that Harold Heischober, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Harold Heischober, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Harold Heischober executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of December 19 83 MES/re 11/1/8 3 (29G) CITY &%lTOiC4'@-Y -2- December 5, 1983 - 22 - item II-G.8 CONSENT AGENDA ITEM # 21051 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 57th Street to RESORT MOTOR MS, INC. Voting: 11-0 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, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 -22a- AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF 57TH TO RESORT MOTOR INNS, INC. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Resort Motor Inns, Inc. is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of 57th Street. That the temporary encroachment herein authorized is for the purpose to construct and maintain a trash compactor and privacy fence and that said trash compactor and privacy fence shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as 57th Street, as shown on that certain plat entitled: "TOPOGRAPHIC SURVEY OF ENCROACHMENTS ONTO 57th STREET'S RIGHT-OF-WAY,' a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Resort Motor inns, Inc. and within thirty (30) days after such notice is given, said encroachment shall be removed from the City right-of-way of 57th Street by the Resort Motor Inns, Inc. and that the Resort Motor Inns, Inc., its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the Resort Motor Inns, Inc., its assigns and successors in title shall indemnify and hold harmless the City of -22b- Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Resort Motor Inns, Inc. executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of December 19 83 MES/re 10/25/83 (29G) A 7) 7-CITY ATTC)7.','EY -2- December 5, 1983 - 23 - Item II-G.9 CONSENT AGENDA ITEM # 21052 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing the City Manager to execute an agreement with CULTURAL EXPERTENCES UNLIMTTED to conduct a program providing cultural and educational services in facilities and neighbor- hoods of low and moderate income persons. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 -23a- REQUESTED BY THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT: ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CULTURAL EXPERIENCES UNLIMITED TO CONDUCT A PROGRAM PROVIDING CULTURAL AND EDUCATIONAL SERVICES IN FACILITIES AND NEIGHBORHOODS OF LOW AND MODERATE INCOME PERSONS WHEREAS, the CITY has applied for funds from the U.S. Department of Housing and Urban Development under the Emergency Jobs Bill of 1983 (P.L.98-8); and WHEREAS, the CITY has included in its application a request for funds to conduct a program providing cultural and educational services to low and moderate income persons; and WHEREAS, the CITY expects its funding request to be approved by the U.S. Department of Housing and Urban Development; and WHEREAS, Cultural Experiences Unlimited represents that it is qualified and willing to perform the services in connection with providing cultural and educational services in facilities and neighborhoods of low and moderate income persons if such funds are approved by the U.S. Department of Housing and Urban Development for this purpose; and WHEREAS, the CITY desires to retain the services of Cultural Experiences Unlimited to conduct this program; and WHEREAS, Cultural Experiences Unlimited has agreed to conduct this program in accordance with the terms and conditions of a contract providing for the sum of Twelve Thousand Dollars ($12,000). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: The attached contract is hereby approved and the City manager is hereby authorized and directed to sign the attached agreement with Cultural Experiences Unlimited for the purposes referenced above and for the terms and conditions more fully specified in an agreement attached hereto and incorporated by December 5, 1983 -23b- reference, if such funds are approved by the U.S. Department of Housing and Urban Development for this purpose. Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of December 1983. DSH/re 11/17/8 3 (RES. 2) APPROV@-T.) t,,, T, '.y -2- December 5, 1983 - 24 - Item II-G.10 CONSENT AGENDA ITEM # 21053 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance declaring certain property EXCESS and authorized the City Manager to dispose of same (Parcel 049 - SEATACK). Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 -24a- AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Whereas, the City of Virginia Beach acquired ownership of the following described property by deed recorded in Deed Book 2186, at Page 754. Whereas, the City Council is of the opinion that the following described property is in the excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is authorized to convey said property in the manner he deems in the best interests of the City of Virginia Beach reserving therein any and all easements pertaining thereto. All that certain portion of Parcel 049 outlined in red as it appears on that certain plat entitled "PLAT SHOWING ACQUISITION FOR COMMUNITY DEVELOPMENT PROJECT SEATACK NEIGHBORHOOD CITY OF VIRGINIA BEACH, VIRGINIA FROM JAMES E. GATLIN & ELLA V. GATLINI dated march 2, 1981, revised January 8, 1981, prepared by McGaughy, Marshall & McMillan. Said plat is attached hereto and to which reference is made for a more particular description. It being specifically understood that the area declared excess is only that portion of parcel 049 outlined in red and containing 2,935 sq. ft. IT BEING in part, a portion of the land conveyed to the City of Virginia Beach, Virginia, by James E. Gatlin and Ella V. Gatlin, husband and wife, by deed recorded in Deed Book 2186 at page 0754 in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia. December 5, 1983 -24b- The City of Virginia Beach reserves unto itself a temporary construction easement under/over and across said 2,935 sq. ft. The temporary construction easement shall terminate when the Phase I of the Seatack Street Improvements Project is completed. 2. The property described above shall be assembled with the property adjacent thereto and owned by Horace L. Drake and Arlene Drake, Husband and Wife. Furthermore, the southern boundary line of the parcel described in paragraph two above shall be vacated so that the parcel adjacent thereto and currently owned by Horace L. Drake and Arlene Drake, Husband and Wife, shall be incorporated into one lot. 3. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 5th day of December 1983. DSH/re 12/01/83 (9) APPROVED AS TO CONTENT T L) r 7 -Y Deceinber 5, 1983 TWIS MLL CEPTTIFY. TO MY DEST Dr c a AND SUCH ACOUISITION 19 REC)TJIRED FOR THE C I FURTHER CERTIFY THAT THE ACOUISITION PARCEL S@ ON THIS "T WAS $u "ERVISION AND THAT AC7yAL FIELD MFASUREMENTS WERE MADE ON THE 6FtOUND AREAS ACOL)INED AND REMAII;ING FOR IEACH OVMEFI. NOV 7 CEN'RAL FILES City tirginia @ch. -WORFOIX r7OUTH [-RW RA.[LW.41, 019 P.X. ld UTILi-rf r@OUT149[tW .5LVP. lo I-.4w F- O@K,E -RVTA L TAKIWG a op-0,191ap CENTRAL CAT. NO, THE UNDERSIGNED CERTIFY THAT THIS ACOUISITION PARCEL AS PLAT SHOWING IT APPEARS ON THIS PLAT CONFORMS TO THE REQUIREMENTS ACQUISITION FOR CONSTAUCTION OF THE NEIGHBORMOOD STREET IMPROVEMENTS AND IS ACCORDINGLY A"ROVED. By SUCH FOR APPROVAL, THE UNDERSIGNED Do NOT CERTIFY AS TO THE CORRECTNESS OF THE BOUNDARY. STREET AND OTHER LINES ON COMMUNITY DEVELOPMENT PROJECT SAID PLAT.c SEATACK NEIGHBORHOOD APPROVED: DATE, CITY OF VIRGINIA BEACH. VIFIGINIA DIRECTOR OF P))BLIC W6RKS FROM CITYOFVIFW14ASE H,VIRGINIA APPROVED: o RVLDATE: j4kmp-5 IF,. GokTLIW DIRECTOR OF PUBTIC UTILITIES CITY OF VIRGINIA BEACH. VIRGINIA LYNNHAVEN BOROUGH - VIRGIIIA BEACH, VA. IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF VIRGINIA BEACH.VIRGINIAONTHE OF .19 SCALE DATE IAAC-2,1901 THIS PLAT WAS RECEIVED AND ADMITTED TO RECORD IN MAP Ptrgvjv4iiWIlSf BOOK ATPAGE MCGAUGHY, MARSHALL & MCMILLAN 229 WEST BUTE STREET CLERK - 25 - Item II-G.11 CONSENT AGENDA ITEM # 21054 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing certain events conducted on City property to be exempt from the prohibition from working or transacting business on SUNDAY. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 -25a- AN ORDINANCE AUTHORIZING CERTAIN EVENTS CONDUCTED ON CITY PROPERTY TO BE EXEMPT FROM THE PROHIBITION FROM WORKING OR TRANSACTING BUSINESS ON SUNDAY WHEREAS, Section 18.2, Code of Virginia (1950) as amended, requires the City Council of the City of Virginia Beach to designate on a case-by-case basis the events which are exempt from working or transacting business on Sundays; and WHEREAS, the following City property has been designated by the Council of the City of Virginia Beach for the following dates, as the site for the following events: Date City Property Event 1984: January 29 Pavilion Sterling Silver Show April 8 Pavilion Landmark Communications New Car Expo June 9 Pavilion Southeastern Gun & Knife Show July 8 Dome Antique Flea Market August 12 Pavilion Minerological & Lapidary Society Conv September 2 Pavilion Big Flea Market September 9 Pavilion Hampton Roads Photography Expo September 16 Pavilion Scott Beauty Supply Show September 23 Pavilion Roanoke Div. - Amateur Radio Conv. September 23 Dome Depression Glass Show October 7 Pavilion Bedding Plants Int'l. Trade Show October 21 Pavilion K & K Toys Doll Show October 21 Pavilion Va. Beach Jr. Womanis Club Homecraft Show November 4 Pavilion AKC All Breed Dog Show November 11 Pavilion Stamp Show November 25 Pavilion Countryside Christmas Show -25b- December 9 Pavilion Surfside Antique Flea Market December 9 Pavilion Franchise Business Show BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above-mentioned events are exempt from the prohibition of working or transacting business on Sunday as provided by general law. That the City Clerk is directed to forward a certified copy of this Ordinance to the Commonwealth Attorney. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on the, 5th day of December 1983. JDB/ER/da 11/29/83 -2- December 5, 1983 - 26 - Item 11-G.12 CONSENT AGENDA ITEM # 21055 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council APPROVED the low bid of ATEC ASSOCIATES, INC. in the amount of $15,590 for the SOILS PROGRAM for GENEPAL BOOTH BOULEVARD; and, AUTHORIZED the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 2 7 Item II-C.13 CONSENT AGENDA 1TEM 21056 Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing TAX REFUNDS in the amount of $376.04 upon application of certain persons and upon certification of the Treasurer for payment. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 RM NO. C.A. 7 -27a- 11/16/83 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonem- Da!e Penalty lnt. Total Year of Tax Number tion No. p aid Estate of Vernon R Matthews 83 pp 43863-5 5/83 15.72 Adrean J Gray 81 pp 140094 1/21/82 33.72 Esther 0 McCarthy 83 pp 176596-6 10/31/83 153.42 Henry W & Alberta A Northway 83 pp 104986-7 6/2/83 102.48 Henry W & Alberta A Northway 83 pp 104987-6 6/2/83 38.52 Frances A Hewett N/A Pkng 84502 10/24/83 15.00 Edward M Wood 83 pp 157452-0 11/7/83 10.18 D G Hall 83 Dog V17327 8/8/83 7.00 Total 376.04 This ordinance shall be effective from date of adoption. The above abatement(s) totaling - 376.04 were approved by the Council of the City of Virginia Beach on the 5 day of I)e@ 1983 treasurer Approved as to form: Ruth Hodges Smith City Clerk D. e B,..on, C',ty Attorney - 28 - Item II-H.1 PLANNING ITEM # 21057 Upon motion by Councilman Heischober, seconded by Councilman Jennings, City Council DENIED an Ordinance upon application of KEVIN G. CONROY AND THOMAS A. O'GORMAN (C & 0 AUTOMOTIVE @IHOLESALERS, INC.) for a Conditional Use Permit per the following. This matter was deferred to December 5, 1983, on November 28, 1983, inasmuch as there was no one present to represent the applicant. Neither was there a representative present December 5; consequently, Council denied the application. ORDINANCE UPON APPLICATION OF KEVIN G. CONROY AND THOMAS A. O'GORMAN (C & 0 AUTOMOTIVE WHOLE- SALERS, INC.) FOR A CONDITIONAL USE PERMIT FOR A CAR WASH Ordinance upon application of Kevin G. Conroy and Thomas A. O'Gorman (C & 0 Automotive Wholesalers, Inc.) for a Conditional Use Permit for a car wash on certain property located on the north side of Virginia Beach Boulevard beginning at a point 847 feet west of Witchduck Road, running a distance of 39 feet along the north side of Virginia Beach Boulevard, running a distance of 489.49 feet along the western property line, running a dis- tance of 39 feet along the northern property line and running a distance of 501.85 feet along the eastern property line. Said parcel is located at 5162 Virginia Beach Boulevard and contains 19,331 square feet. BAYSIDE BOROUGH. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 2 9 Item 11-H.2 PLANNING ITEM 21058 Attorney Grover Wright represented the applicant. Upon motion by Councilman Kitchin, seconded by Vice Mayor Henley, City Council DEFERRED for two weeks (to December 19, 1983) an Ordinance upon application of JIMIE A. KOCH for a Conditional Use Permit as follows. Councilman Baum requested the City Attorney provide Council with regula- tions on sprinkler systems. ORDINANCE UPON APPLICATION OF JIMIE A. KOCH FOR A CONDITIONAL USE PERMIT FOR THIRTEEN (13) ADDITIONAL HOTEL UNITS Ordinance upon application of Jimmie A. Koch for a Conditional Use Permit for thirteen (13) additional hotel units at the northwest corner of Atlantic Avenue and 37th Street on Lots 1 and 2, Block 87, Virginia Beach Development Company. Said parcel contains 14,000 square feet. VIRGINIA BEACH BOROUGH. Voting: 11-0 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, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 - 30 - Item 11-H.3 PLANNING ITEM # 21059 Attorney William Jonak represented the applicant. 13pon motion by Vice Mayor Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of ELIZABETH H. ABBITT for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF ELIZABETH H. ABBITT FOR A CONDITIONAL USE PERMIT FOR A SHELTER FOR FARM EMPLOYEES R01283587 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Elizabeth H. Abbitt for a Conditional Use Permit for a shelter for farm employees on the east side of Muddy Creek Road beginning at the intersection with Pleasant Ridge Road, running a distance of 220.83 feet along the east side of Muddy Creek Road, running a distance of 2473 feet more or less along the southern property line, running a distance of 952.38 feet in a northerly direction, running a distance of 519.42 feet in a uorthwesterly direction, running a distance of 463.34 feet in a westerly direction, running a distance of 500 feet more or less in a southerly direction and running a distance of 1100 feet more or less in a westerly direction. Said parcel contains 39 acres. PUNGO BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Fifth day of December, Nineteen Hundred Eig t Three. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: December 5, 1983 Nancy A. Creech - 31 - Item TI-H.4 PLANNING ITE4 # 21060 Attorney Bruce Mills represented the applicant and presented a plat which is hereby made a part of the record. Speaking in opposition was Jack Bolno of Pinewood Park Civic League (distributed photographs to members of Council). Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City Council DENTED an Ordinance upon application of PAUL L. COLLINS AND BRTJCE B. MILLS for a Conditional Use Permit as follows: ORDINANCE UPON APPLICATION OF PAULA L. COLLINS AND BRUCE B. MILLS FOR A CONDTTTONAL USE PERMTT FOR TWO DUPLEXES Ordinance upon application of Paula L. Collins and Bruce B. Mills for a Conditional Use Permit for two duplexes on certain property located on the south side of Pinewood Drive beginning at a point 220 feet west of Lake Drive, running a distance of 103 feet more or less along the south side of Pinewood Drive, running a distance of 106.14 feet along the western property line, running a distance of 139.47 feet along the southern property line and running a distance of 123 feet along the eastern property line. Said parcel contains 13,939 square feet. VIRGTNIA BEACH BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley. H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech December 5, 1983 - 32 - ltem 11-H.5 PLANNING ITEM # 21061 Attorney E. Kenneth Day represented the applicant. Upon motion by Councilman Jennings, seconded by Vice Mayor Henley, City Council APPROVED the application of MIDDLE PLANTATION DEVELOPMENT COMPANY for a Variance as follows: Appeal from decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Middle Plantation Development Company. Property located on LoLs 34, 35, 52, 53, 57, 70, 74, 75, 121 and 141, Phase 6, Middle Plantation. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 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@' W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council @lembers Voting Nay: None Council Members Absent: None *Verbal aye. December 5, 1983 - 33 - Item 11-H.6 PLANNING ITEM # 21062 This item was moved forward on the Agenda. Attorney Marshall Bohannon represented the applicant. Jack Hayward also represented the applicant. Upon motion by Councilwoman McClanan, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of WELCH PILE DRIVING CORPORA- TION for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF WELCH PILE DRIVING CORPORATION FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE/BUTLDTNG CONTPACTOR'S YARD R01283588 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Welch Pile Driving Corporation for a Conditional Use Permit for a bulk storage/building contractor's yard on certain property located on the north side of Holland Road beginning at a point 900 feet more or less southeast of North Landstown Road, running a distance of 549.31 feet along the north side of Holland Road, running a distance of 1525.48 feet along the eastern property line, running a distance of 578.87 feet along the northern property line and running a dis- tance of 1302.08 feet along the western property line. Said parcel contains 17.82 acres. PRTNCESS ANNE BOROUGH. Prior to the change in the official zoning maps, the following condition will be met: 1. A 15-foot dedication along the frontage on Holland Road, 30 feet from the centerline of the old 30-foot right-of- way to provide for an ultimate 60-foot right-of-way. The following condition will also be met: 1. The applicant will provide a tree buffer on the south side of the property. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Fifth day of December, Nineteen Hundred Eighty-Three. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None December 5, 1983 -34- Item II-H.7 PLANNING ITEM # 21063 This item was moved forward on the Agenda. Attorney Marshall Bohannon represented the applicant. Upon motion by Councilwoman McClanan, seconded by Councilwoman Creech, City Council ADOPTED Ordinances upon application of ADVANCE ASSOCIATES for Changes of Zoning from AG-2 to 1-1 AND from AG-1 to 1-1 per the following: ORDINANCE UPON APPLICATION OF ADVANCE ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING FROM AC-2 TO 1-1. Z01283786(b) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Advance Associates, a Virginia General Partnership, for a Change of Zoning District Classification from AG-2 Agricultural District to 1-1 Light Industrial District on certain property located on the east side of Holland Road beginning at a point 940.79 feet south of North Landstown Road, running a distance of 549.31 feet along the east side of Holland Road, running a distance of 600 feet along the southern property line, running a distance of 540 feet along the eastern property line and running a distance of 600 feet along the northern property line. Said parcel contains 7.6 acres. PRINCESS ANNE BOROUGH. Prior to the change in the official zoning maps, the following condition will be met: 1. A 15-foot dedication along the frontage on Holland Road, 30 feet from the centerline of the old 30-foot right-of-way to provide for an ultimate 60-foot right-of-way. A N D, December 5, 1983 - 35 - Item 11-H.7 PLANNING ITEM # 21063 (continued) ORDINANCE UPON APPLICATION OF ADVANCE ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING FROM AG-1 TO I-1. Z01283786 (a) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Advance Associates, a Virginia General Partnership, for a Change of Zoning District Classification from AG-1 Agricul- tural District to 1-1 Light Industrial District on certain property located 600 feet east of Holland Road beginning at a point 900 feet more or less southeast of North Landstown Road, running a distance of 708.02 feet along the northern property line, running a distance of 578.87 feet along the eastern property line, running a distance of 925.48 feet along the southern property line and running a distance of 540 feet more or less along the western property line. Said parcel contains 10.2 acres more or less. PRINCESS ANNE BOROUGH. Prior to the change in the official zoning maps, the following condition will be met: 1. A 15-foot dedication along the frontage on Holland Road, 30 feet from the centerline of the old 30-foot right-of-way to provide for an ultimate 60-foot right-of-way. These Ordinances shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Fifth day of December, Nineteen Hundred Eighty-Three. Voting: 11-0 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, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 - 36 - Item II-H.8 PLANNING ITEM # 21064 This item was moved forward on the Agenda. Attorney Carl Isbrandtsen represented the applicant and was assisted by Attorney Robbie Brewer (son of the applicant) and Dr. R. G. Brewer (applicant). Renderings were presented to members of Council. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of ROBERT C. BREWER AND DONNA S. BREWER for a Change of Zoning per the following: ORDTNANCE UPON APPLICATION OF ROBERT G. BREWER AND DONNA S. BREWER FOR A CHANGE OF ZONING FROM AG-2 TO 0-1 Z01283787 BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Robert G. Brewer and Donna S. Brewer for a Change of Zoning Di.strict Classification from AG-2 Agricultural District to 0-1 Office District on certain property located on the south side of George Mason Drive beginning at a point 550 feet west of North Landing Road, running a distance of 220 feet along the south side of George Mason Drive, running a distance of 250 feet along the western property line, running a distance of 220 feet along the southern property line and running a distance of 250 feet along the eastern property line. Said parcel contains 1.263 acres. PRINCESS ANNE BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Fifth day of December, Nineteen Hundred Eighty-Three. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye. December 5, 1983 - 37 - Item II-H.9 PLANNING ITEM # 21065 Attorney Melvin Friedman represented the applicant. Opposition: William Holt Carroll Hayes Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council DEFERRED to December 12, 1983, an Ordinance upon application of GEORGE R. POWELL for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF GEORGE R. POWELL FOR A @NGE OF ZONING FROM A-1 TO A-2 Ordinance upon application of Geor@,e R. Powell for a Change of Zoning District Classification from @-I Apartment District to A-2 Apartment District on certain property located 648.67 feet south of Norfolk Avenue beginning at a point 740 feet more or less west of Marshview Drive, running a distance of 308.97 feet in a southeasterly direction, running a distance of 172 feet in a northeasterly direction and running a distance of 309.92 feet in a north- westerly direction. Said parcel contains 25,563 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: None December 5, 1983 - 38 - Item II-H.10 PLANNING ITEM # 21066 Planning Director Robert J. Scott explained the contents and intentions of the following Ordinances. Speakers: Ray LeSesne, Council of Civic Organizations Lionel Hancock, Attorney (representing himself and adjacent property owner, Leroy Brown) Maxine Graham, Sandbridge resident and real estate agent Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED Revised Version Three of the Ordinance to Amend and Reordain Article 2, Section 200(a) (pertaining to regulations relating to lot area) AND Article 12, Sections 1200 and 1203 (pertaining to flood plain regulations) of the COMPREHENSIVE ZONING ORDINANCE; AND, an Ordinance to Amend and Reordain Section 5.5 of the SUBDIVISION ORDINANCE (pertaining to street and other drainage) (as presented). Councilman Baum requested Article 12, Sections 1200 and 1203, of the C.Z.O. be further revised to include the recommendations of the Planning Staff as stated in their "administrative comments" to be added after the word "regulations" ending the first sentence of the Ordinance under "Legislative intent" of Section 1200. (The Ordinances hereby made a part of the proceedings are the ADOPTED revisions.) Voting: 11-0 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, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 -38a- AN ORDINANCE TO AMENV AND REORDAIN ARTICLE 2, SECTION 200 (a) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO REGULATIONS RELATING TO LOT AREA. BE IT ORVAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ttiat @cte 21 Sec@on 200, Zoki-ing Zots, o6 the C.Z.O. be aynended and ;Leo)Ldained in p@ " @o@tow-5. 2 00. ZofL@ng Zots. (a) Lot atea. Fo)L puaposes o@ detmmining attotoabee dweef-ing unit o,T todging FL@ deklscttf ttie gto,1/2,s aaea o6 a zoytkng zot s@ Fe-the totap- aaea witkin the o@t Yines o6 t@te zoning Zot, in- @ng (1) pubeic and @vate ty @e@iient-6, but-exe@ive ei-@ghtb-ei-way, (2) e"ement6 AOt ing)Lu,5 e)t and eq@,5 in 6avo,L oi otheu, (3) natuAat @Zood Akinqa, (4) ryianmade daacnaqe a)Lea,6 co taucted P& , 5totage ot tetepaion oA 5toAnit Tm-t h e Zot@5)yt@oA,e p@tA o@ dka-i@qe e"eme@ above the no)LmaE evet O' w cA contained theaein, and (6 t e en;C, e@tt, o@ d)Lainage ea,@@, inauding watea, that -c-ovea 5t)Leams who.6e av o@na-e width wkite tAaveAzing the ,-ot i,5 Z 5 than @ but not inctuding (1) the Atoodway po@on 3 n@y nc (2) anti body o6 wateli, except a,5 mentioke a,)ove, (3) any manmade a,cnage @as 5uch cL5 boxkow p@ constAuc,te, tf 60,t ))UA- po,se,6 othea than st oAmwateA, and (4) wet- ,ea@. I @@@o n sat"Au,@q minb?ium 54,ze ,teqwaeme@ ttiet6 no paxt o@tie )Lequaed tot aaea shatt not be in watea, mGAsh, o)L we@a@; ek- o@anentty-ot-int@ittentty- @ndated-baew-an raovided, howevvl, that in the ca,5e o6 tite R-1 D@tict not mo,@e than 6o)Lty (40) peA- c@ o@ the 4eq@ed caea ajid in the R-2 Di6@ct not mote than ,twenty (20) peacent o@ the tequiLed aaea r?iay be in watea, mo&,6h ok wetXan@-e@-p@iane@y-eA-int@itte@y-inandated-&,t-teeated eiew-o_n- Adopted by the Coun@ o@ the City o6 V@,gijLia Beach, Vi)LgiyL@, on the Fi6th day o6 DecembeA, 1983. V E R S I 0 N T H R E E December 5, 1983 -38b- AN ORVINANCE TO AMEND AND REORDAIN ARTICLE 12, SECTIONS 1200 and 1203 OF THE COMPREHEN- S7VE ZONING ORDINANCE PERTAINING TO FLOODPLAIN REGULATIONS. BE IT ORVAINED BV THE COUNCIL OF THE CITY OF VIRGINIA B@-:-ACH, VIRGINIA: That @cee 12, Section 1200, Legis@ve intent, oi ti'le C.Z.O. be amended and ileotdained in p@ cLs @otxowz: 1200 Legi,6@ve intent. The putpo,6e o6 t@ section @ to e-6tab@h and identi6y those oAe" to be known az the 6toodp@n and which woutd be zubject to spc@ teguf-atiom. T@ set o4 ptoposed otdinance,6 i,6 in- tended to impeemea a ng the @iatu)La @@ood 4-n th e qui)Linq t,',tat an ope) a@ cha)ta(2t@@ Fu. T7Fe and ptopekty, to A uce pub@c coz@ 6o)t 6tood contaot,and tezcue aytd teZie6 e66oA" , and con,5tAu(,-tion and maintenance o@ manmade That @cte 12, Section 1203, Speciat Av-qui)temei@ app cabte to the 6toodptain, o6 the C.Z.O. be amended and teo@ned in p@t 0,5 6otiows: 1203. Speciat tequiflements appticabte to the 6,Eoodptain. (c) FEoodptain,6 subiect to .6peciat )te.6ttictions. Notwithstanding P40v",Lon,5 oA this @@@e to t e coakatil, tieae s e no @@,ci tand and 5 )Lacle car.)ac Clt 6 En ,simit@ amount o tem, in d it6 t)Libut (3) Bai4z Road a@d Adopted by the Coun@ oi the City o@ Vikgi@a Beach, Vagi@@, on the Fi@til day o6 DecembeA, 1983, V E R S I 0 N T H R E E December 5, 1983 -38c- AN ORDIILAIICE TO AMEND AIID REDPI)Alti SECTION 5.5 OF THE SUBDIVISIOII ORDINANCE PERTAINING TO STREET AND OTHER DRAIIIAGE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5.5, Street and other drainage, of the Subdivision Ordinance icnded and reordained in part as follows: 5.5 Street and other drainage. Every subdivision shall have a drainage system adequate for the type of development proposed and so related to existing or potential surrounding development as to form a logical part of a coordinated system minimizing potential drainage problems for the general area. No plan or development shall take such form as to create potential or actual impoundment of water on. or discharge of water onto. adjacent property in such a manner as to (a) affect adversely existing development. or (b) increase problems of future development on such adjacent property, except with the written and recorded consent of the adjoining property owngrs affected and the approval of the department of public works. To these ends. the department of public works is empowered to require such changes in plans or to establish such minimum and r.aximum elevations and gradients in particular subdivisions or to require employment of such measures as onsite retention of storm- %.jater as necessary to provide for orderly and efficient ent o@coordinated drainage systems. even though the drainage proposed for a particular subdivision might be adequate for the subdivision itself. In addition, where adjoining lands are in districts with varying improvement requirements or in other cases where similar adjustments are necessary, the department of public works is em- powered to establish such transitional requirements as to types of curbs and gutters, storm drains and the like as are appropriate and reasonably necessary in the circumstances of the case. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of December 1983. %-@TY December 5, 1983 - 39 - item II-I APPOINTMENTS ITEM # 21067 Upon NOMLNATION by Councilman Kitchin, City Council REAPPOINTED the following to the ADVERTISING SELECTION COMMITTEE for two-year terms (January 1, 1984 through December 31, 1985): A. James DeBellis Mrs. Lynn Fisher Dan Kensil W. H. Kitchin, III Mel Koch Pamela Lingle Harry B. Price, Jr. Michael Savvides Scott Sterling Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 - 40 - Item 11-1 APPOINTMENT ITEM # 21068 Upon NOMINATION by Councilman Robert Jones, City Council APPOINTED VINCENT R. OLIVIERI to serve on the BOARD OF BUILDING CODE APPEALS for a four-year term (January 1, 1984 through December 31, 1987. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 - 41 - Item 11-1 APPOINTMENT ITEM # 21069 Upon NOMINATION by Councilwoman Oberndorf, City Council APPOINTED SAYDE SHAW (Newsome Farms) to replace Mary Davenport on the CITIZENS ADVISORY COMMITTEE, effective January 1, 1984. Voting: 11-0 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, W. H. Kitchin, III, Reba S. Mcclanan, J. Henry @iccoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 - 42 - Item II-I APPOINTMENT ITEM # 21070 Upon NOMTNATTON by Councilman Jennings, City Council REAPPOINTED the following to serve on the COMMUNITY SERVICES BOARD for three-year terms (January 1, 1984 through December 31, 1986): Franklin H. Friend Sharon S. Martin Norman W. Wilde Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 - 43 - Item II-I APPOINTMENTS ITEM # 21071 Upon NOMINATION by Councilwoman Creech, City Council REAPPOINTED the following to serve on the BOARD OF ELECTRICAL APPEALS for two-year terms (January 1, 1984 through December 31, 1985): C. E. McClarnon (VEPCO Representative) Rohert H. Smith, Jr. (Electrical Contractor) Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 - 44 - Item II-I APPOINTMENTS ITEM # 21072 Upon NOMINATION by Councilman McCoy, City Council REAPPOINTED the following to serve on the BOARD OF PLUMBING AND MECHANICAL APPF-ALS for two-year terms (January 1, 1984 through December 31, 1985): William L. Hendricks Donald D. Jones, Jr. Voting: 11-0 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, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 - 45 - Item TI-I APPOINTMENT ITEM # 21073 Upon NOMINATION by Councilwoman Oberndorf, City Council REAPPOINTED BETTY BARCO to serve on the PUBLIC LIBRARY BOARD for a three-year term ending August 31, 1987. Voting: 11-0 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, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None December 5, 1983 - 46 - Item II-J.1 UNFINISHED BUSINESS ITEM # 21074 A motion was made by Councilman McCoy, seconded by Councilman Heischober, that the City of Virginia Beach acquire KEMPSVILLE MEADOWS GOLF COURSE (issue was heard under the Public Hearing); however, due to a negative vote, the motion was DEFEATED. Voting: 3-8 (MOTION LOST) Council Members Voting Aye: Harold Heischober, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan Council Members Absent: None December 5, 1983 - 47 - Item 11-1.2 UNFINISHED BUSINESS ITEM # 21075 A motion was made by Councilman Jennings, seconded by Councilman Heischober, that a study be conducted by an impartial, private group (i.e., Virginia Beach Research and Advisory Council) on the "Proposed Reorganization of the Virginia Beach City Council"; however, due to a negative vote, the motion was LOST. Voting: 4-7 (MOTION LOSI) Council Members Voting Aye: Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: None December 5, 1983 - 48 - Item II-L ADJOURNMENT ITEM # 21076 By consensus, City Council adjourned the meeting at Six Thirty-Eight in the evening. th Clerk ,Wuth Hodges Si6ith, CMC @Yr'Louis R. ones City Clerk City of Virginia Beach Virginia /jk December 5, 1983