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HomeMy WebLinkAboutOCTOBER 3, 1983 MINUTES "VVORLD'S LARGEST RESORT CITY" CITY COUVCIL MAYOR LOiliS I?. joVES, B,,,,,d, VICE-A]AYOR IIARIIARA Al. IFENLEY, i',.g,, Ii ...... .1, IOIIN A. HAtiM, NAN(,Y A. (,IZEECII, t, t,.,g@ f(AROLI) fir--ISCI[013ER, A, L.,g, It. IA(:K JR.. ....... 13 ....... .i, R013ERT (;. ]ONES, A, L,,,g, W. Ii. K17CIII.N. lti@ VIIIIIII,L li,.,h RriiA S. 41, CLA,% AN, ,, A,,,, Ii ...... gh 1. IIENRY @lc(:Ol', JR., K,.p,,,iil,- ti ...... gh MEYERA r,. OIJERNI)C)Rl:, A, I,,,g,, R[1711 I/Ot)(;I@S SM17ii, CITY COUNCIL AGENDA OcL,@bc,i- 3, 1983 liricfing: 11:30 ii.iii. -- 1rop,).,@e(I ITEI,l I INFOICIAL S@ISSIO@4: 12:30 [).iii. A. CALL 'ro 01@I)LI@ - @@lyor I,otiis l@. B. ROLL CAI@L, O,@' COUN(;]I, C. IIOTION TO RECESS INTO D I)RESENTA,rioN/DTSCLJSSION 01@ 1. 'I-at-ters for di.,Scussloil I)y @l@lyl))7. 2. 14atLers for discussioi) 1),/ (:outicil. zl. Cotincilman H. Jack ]r. o!. Brceden Cliatige c,i- Zotiin,,, tiar(I (@oii,i(-ii o,, Sel)tember 26, 1983. E. CITY ',,IANAGEI@'S AI)MU@IS'['!@'I'IVI@ l.. Stattis Report of Priv@IL(@ 1,@ulict ii.i L' 1- ct f Iltis-c!-tini -of by '4r. Mac IZawls. 2. liurri(@an,c---E-vacti-@itioii for Vi iii,,i B,@icii. 3. Couricil of Civi,c 0 i t i Otis' 1, -of)osill . Jr 4. Iritc@rim l,in,,iiici;tl SL@i s f r I,@ 1 v 1 1),,2, Jttno 30, L983. 5. Revicw-of Consent Ageiid-@i. ITEM II FORMAL SESSION: 2:00 f).M. A. INVOCATION: Reverend Ronald A. Silials, I'astor Grace Bretliren Cliurch B. PLEDGE OF ALLEGIANCE TO TIIE FLAG OF I'liE UNI'I'I,-.1) S'RATFS 01, AMEIT(@A C. ELECTRONIC ROLI, CAI,L OF COUNCIL D. MINUTES OF PREVIOUS @IEEI,ING: 1. Motion to accept/approve Lhe Minutcs ol- SOI)teiiil)er 26, L983. F. PRESENTATION 1. Proclamation - Spina Bifid@j Montli - OcLoi)ci-, 1983 C. PUBLIC HEARING 1. Ordinance to accept and appropi-izite fun(ts frolli LI)c Southeastern Virginia Aruawide Model t'ro,,.,r;im (SEVUlll). 2. Ordinance to accept a grant or $5,200 fr@)m Ltic V:irgitli,;t Fire Commission For e(juipmc@lit I-or tlie [@'irc, 'FraLiliilg Center. 3. Ordinance to appropriate funds oi $932 to Llie l@'Y8/, Clean COMMLinity Operating Bud-,c@t. 4. Ordinance to accept a Federal gratit of $15,000 Fi-olTi Llic Division of Motor Vcliicles for @i re@,,ioii@il I)tJ[ T@i,,;k Forc,, and to appropriate Lliese f@tiadF,. 5. Ordinance to accepl a Federal grant of $150,000 towar(ts @il(@ development of WoodsLock P@iri, @iiid to fuiids. H. ORDINAliCES 1. Ordinance, on FIRST RI@AI)IN(;, to ac:cept aiid @il,l)ropri@tt(! fL'ill,, from the SoutheasLern Virgiiii@i Accawide @lociel Pr@)@,rini (Sl,'.VAMII). 2. Ordinance, on FI]@ST READING, to ;ic@copr @i ir@IIIL ()f $5,200 from the Virginia Ilire Coiiiiiij,,3sion I-oi- f(,r ti,,, Fire Training Center. 3. Ordinance, oii [,'TRST REAI)LI@(.;, L,) ftiici.@ of $1)32 ro tlie FY84 Cleaii Community Blid,-,eL. 4. Ordinance, on FIRST READING, to acccl)t a Fed(@i-,il Ir@it3t ol $15,000 from the Division of Mot,)r Vehicles for ;i DUT Task Force and to al)propriiL(-' tl,,,Sc f,ilids. 5. Ordinance, on FTRST RFADING, to accc@I)L a gr;int @@F $150,000 towards thL developmc@iit uf Wood,@rock T'@irl@ itild to appropri.ate these funds. ITEM 11 I. CONSEN'F AGENDA All matterg I.isted uiider Llic C(@iiseLat Agetidzi ,irc, iii Llic' oi.,dinary cc)tirse of biisinuss by CiLy COLiticil @iiid will, I)c@ (,,i@IcLed I)v one motion in Lhe forni liSLed. Will t)e 110 ';CpZlr@ItC@ Ilisl@Ll.,;Sioll of thcsc, items. If disc,,ssi@)ii is desired, tl,,il it,,Ili wi I I 1),, from Llie ConsciiL A@.@c@,ida aiid c,parat,,Jv. 1. OrditianCC Lo amc,iid and r(,,,rdaiii Se(,-Lioii@; 21-423, 21-42/A, 21-425, 21-426, 21-428, aiad 21-429 oF r[i,@ C,)d,, )f (I,,, City of Virginia Beacl), Virgiiii@l, p,,rtziiiiin@, l') 2. Ordiiiance to ameiid anct rcordzi@n Cl@apLc@t- 3@ (,f [II,, (@o(l, 01- tlie City of Virginia Beacl), by @icidilig ,A@i VI Llic@l@I'Ll) perLaining to c@ncroaclimel)L@ i@lto @iiicl (,ti,,@r public ways, plac@s or i)ropcrty. 3. Ordiriance, on SECONI) RI-@AI)ING, Lo iiiic,,id iii,l @@r Llic, C,)d,, @)[- LIIC! (@ity of Vii-;,i,ii@l baCl( LaX wli(@n use @hatiges ro ion(l,,@@lilyii,@ 4. Ordinaiice, oti FT]TS'F IZFADING, L@) @2,000,000 of State cotilribucioti to Lilc, Vil-@,lillizi MIsetiiii ol M@trific 5. Ordiriance Lo tratisfcr FL@CICIS ot- $38,397 I,)r @i liurricane Evacu@iLion I'laii ioi- tli, C,'it@y )[ Vil- iiii@i 6. OrdinanCC' Lo @luttiorize a Lc,iiil)or@iry uncro@i,@l,iii,@nL ill[O @l portioii of tlie rig]iL-of-wiy ll,)Ily I'lo@id t-o l'ud,)Il,[) [l. Koc@ll, iiis heirs, assigns and Stl,,c:(?ssors ill LiLi". 7. Ordinance LO aLltIlOrize a temi,orary en(,,roj('Iliiil'LIL it)Lo @i porLion of Llie riglit-ot--w@iy of l@o,,;emont IZC)@1(i to @lj-. J,,Ill) Aspinwall, III, t)is licirs, @issigiis atil su(,C,@ss,,r, [1) L,!Ll,-. 8. Ordinaiice to aulhorize acquisitj,)n of [,r,)I),!I-ty ![i 1-ce siillpl(@ for right-of-way of Landstowii t@oqd a,i(i Holl@iTid [@ozi(i and Llie a(,quisition of temporary Ind I)ermalieLit c)f rig[IL- of-way, either by agrceiiient or iy coiidc@iDiiitiOL;. 9. Low Bid of Asphalt Roads & Macei-ial.s Com[)aLiy, Itic!., In Lill' amount of $218,770.54 for tlic@ Park C,)nnc,ctor Bil<cw@iv Pr@@jecL (CIP 4-911); AND, a(itlioriz(? rtic (,ity Maii@ig,,]- [,, LTICO the necessary agrcemetits for till, itl)t)lcmellL,@Llon of tlii,, project. 10. l@equest of City Attorney For coiifirtT)@iti,olif of Cristel L. LewLs as attorncy Lraill,1/2L,. 11. Request tliat City Cokincil. approv,, a perinil @or tlic@ Nig]]Liiigale Air Ambulance Service Lo a Clas@ ]@' l@IS V,@hic@,I,, iii tl)e City of Virginia Lc,acii. 12. Raffle Permit - Women of Eastern Sliore Cli@ip(@l Ei)iscoi);Ii C@itirc-Jl 13. izeluest of City TreaSLirer f(,r tiix rcfliti(is iti tli,, @ini@)t,,it )f $366.00. 1.4. RequesL of Co@ssioner of Lii(, leventie [or licetis, rc-ftiti(i.@ ill Llie amount of $(,,206,80. J. PLANNING 1. Ordinance to amend and reordlin Arti,:Ic@ 2, Sc@cL@oii 2-'l (,f the ComprehensivL Zoiiiiig Orditiancc@ f)(,rtaiiii[ig to J)roc@,,Jk,C;I,j requirements and geiicra.] st@indar(is I-oi- coiiditi@it),Il LIS" i'('rni!Ll. @rhis roqtiest w@t,@ dot-errd for (,ii@ wcei@ ,ti 2(,, 11),@3. a. Letter from the CiLy Manzig,@r tralismits iii,@ r,2cominend@iLi,),i of the Pl.anning Commissioii for al)-Irov-ii-t, atici it is i-(?.Cluc,,sLcd Lli@it it I)e dc@ferrcd for ai) acidifiaiiii two we(,[@ for revie.w. ITEM 11 J. PLANNING, Continued 2. Ordinance and Discontin( a porcioil of ---- l@ l@g that certain undeveloped al.]-cy, bolincled I)y Avell(IC, c,li the south, Dare Drive on thc, @iorth, iii rtie pcLiL[Oll OF Joll-ll and Martlia D. Franklin, III. (l,ytiiili..ivcn Borougii) a. l,etter froni tlie CiLy Mjti@lgc@r Lrarlsiii!L,@ Llic, recommendation of thc@ IlIaLliling Comiui@,,,@;ioll for approval., and Llie Viewer@ coiiciir. 3. Appiication of Atlantic Sliore Clitircli for --- C f 3.72-zi(,re- I)arc,.,l condi.tional usc- per@i or @j cli-t@rcli-on @i located on Lhe cast side of Ceiitervillc@ TL@rnl):[kc,, norlil ()f Kempsville Road. (Kenipsville Borougl,) (:jLy Coun(:Ll v,,tei to expedilc t]ils mattc@r on St,l,teiiiier 6, 1983. a. Letter froin tlie (,iLy MaLlLtgl!r triii-@MiLs Lill' recomm@endation oi- Llie I'laiinitig Conimis.,;io,i foi- pa)p O@@ll. K. APPOINTMENTS I.. Citizens Advisory Cominittee 2. Community Services Board 3. Hampton Roads Air Pollution Control Disti-i,-L 4. Ilistorical Revicw Board 5. Mosquito Control Commission 6. Personnel Board 7. Board of Plumbitig and M(,clianical Appeals 8. Transportation SafeLy Commissioli I,. UNFINISHED BUSINESS M. NEW BUSINESS 1. Request for RECONSIDERATION of a condition in af)plicati.on of Thalia Wayside Corporation for a change o[ zoiiiiig, approved May 19, 1980. N. ADJOURNMENT 1. Motion to adjotirn. PUBLIC HEAlkING MAYOR'S Al) HOC COMMITTEE ON ROADS, TRAFFIC, PARKING SATURDAY, OCTOBER 8, 1983 T14E DOME RE: ATLANTIC AVENUE BEAUTIFICATION CALL 427-4303 TO RI@-IGISI'Ef@ '1'0 SPEAK M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G PROPOSED RAIL LINE BERWEEN NORFOLK AND VIRGTNIA BEACH by J. Curtis Payne, Chairman Tidewater Transportation District Commission October 3, 1983 11:30 a.m. Former Mayor J. Curtis Payne, Chairman of the Tidewater Transportation District Commission, and Executive Director Jim Nichols, briefed City Council regarding the preliminary assessment on the TIDEWATER REGION LIGHT RAIL STUDY which was prepared by Booz, Allen & Hamilton, Inc., Transportation Consultants. Said report is hereby made a part of the record. -CITY COUNCIL OTHERS - TRT J. Curtis Payne, Chairman Tidewater Transportation Nancy A. Creech District Commission Harold Heischober Vice Mayor Barbara M. Henley H. Jack Jennings, Jr. Mayor Louis R. Jones Jim Nichols, Executive Robert G. Jones Director, TTDC W. H. Kitchin, III Reba S. McClanan J. Henry McCoy, Jr., D.D.S. Meyera E. Oberndorf CITY COUNCIL MEMBER NOT-PRESENT STAFF John A. Baum Thomas H. Muehlenbeck, City Manager Michael J. Barrett, Assistant to the City Manager for Citizen Affairs David M. Grochmal, Assistant to the City Manager for intergovernmental Relations Giles G. Dodd, Director of Finance Dale Bimson, City Attorney Jack Whitney, Chief of Comprehensive Planning October 3, 1983 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 3, 1983 The Regular Meeting of the Council of the City of Virginia Beach, Virginia was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, October 3, 1983, at Twelve Forty-Three in the afternoon. 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 October 3, 1983 -2- ITEM # 20675 Mayor Jones entertained a motion to permit Council to conduct its TNFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration @f the condition, acquisition or use or real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an insti- tution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MA'RTERS: 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 Heischober, seconded by Councilman Baum, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, E. 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: None October 3, 1983 -3- M A T T E R S B Y T H E M A Y 0 R / V I C E M A Y 0 R LCAV-30/LCAC TTEM # 20676 Mayor Jones advised he had received a letter from Congressman G. William Whitehurst and Senators John W. Warner and Paul Trible which addressed the position of the United States Government regarding the Army's air cushion landing craft (LACV-30) at Fort Story and the Navy's air cushion vehicle (LCAC) basing and training proposal. All members of Council received a copy of said letter dated September 29, 1983 (hereby made a part of the record). BACK BAY WATERSHED TOUR TTEM # 20677 Vice Mayor Henley distributed to Council Members an itinerary on the Back Bay Watershed Tour to be conducted October 12, 1983, at 9:00 a.m. October 3, 1983 -4- M A T T E R S B Y C 0 U N C I L ATT,ANTIC AVENUE BEAUTIFICATTON ITEM # 20678 Councilman Robert Jones reminded Council of the Public Hearing on Atlantic Avenue Beautification (Mayor's Ad Hoc Advisory Committee) to be held at the Dome October 8, 1983, at 10:00 a.m. NATTONAL LEAGTJE OF CTTIES TTEM # 20679 Councilman Robert Jones requested the City Attorney (1) review the Resolution adopted September 26, 1983, in support of Federal legislation that would reduce the liability of cities in certain civil suits and impose limits on legal fees; (2) determine the position of the National League of Cities regarding Senate Bill 141; (3) determine what is meant in the "good faith" standard; (4) ascertain what position is being taken by the NAACP; and, (5) what position other municipalities around the country are taking. BAXTER ROAD RELOCATION TTEM # 20680 Councilman McCoy advised he had comments on the proposed Baxter Road relocation which he would make after the Formal Session this date. BILLBOARD TASK FORCE ITFM # 20681 Councilwoman McClanan advised Council of a Public Hearing on billboards to be held October 18, 1983, at 2:00 p.m. in Council Chambers. BREEDEN DEVELOPMENT CORPORATTON COZ ITEt4 # 20682 Councilman Jennings requested reconsideration of the request for a Change of Zoning (B-2 to A-2) by Breeden Development Corporation (heard by City Council September 26, 1983). (See Formal Agenda, New Business.) NEPTUNE FESTIVAL ITEM # 20683 Councilwoman Creech commended Michael Barrett, Assistant to the City Manager for Citizen Affairs, for his outstanding contribution and efforts on behalf of the City at the Neptune Festival. Tn turn, Mayor Jones commended Councilwoman Creech for her contribution in making the Festival a tremendous success. October 3, 1983 -5- M A T T E R S B Y C I T Y M A N A G E R VIRGINIA MUSEUM OF MARINE SCIENCES FOUNDATTON, INC. ITFM # 20684 Mr. Mac Rawls made a presentation on the status of private fund raising efforts of Virginia Museum of Marine Sciences Foundation, Inc. Council Members received a brochure entitled, "Sharing a Sense of the Sea". A slide presentation was also shown entitled, "Voyage to the Bottom of the Sea". The plan for the Museum originated ten years ago. Local architects, Shriver and Holland, were consultants in the design of the MuseLun. The site is located at Rudee Inlet. The total cost of the facility is estimated to be $6.7 million of which the City of Virginia Beach will contribute $3.5 million. The Virginia General Assembly set aside $2 million in surplus funds in its Fiscal Year 1983-84 appropriations. Councilwoman Creech outlined fund raising goals of the Foundation and explained they expect to provide the exhibits to make the museum a "living entity". The City and St.ate will provide the building and grounds. It is anticipated that cont.ributions will far exceed those expected. Additional monies will go into Phases II and III (computer exhibit on pollution, stocking and equipping an educational center and providing a docking area). The date for the groundbreaking ceremony is October 16, 1983. The Virgi-nia Museum of Marine Sciences will become a reality with the official "opening" scheduled for 10:00 a.m. on May 1, 1985. HURRICANE EVACUATION PLAN TTEM # 20685 City Manager Muehlenbeck presented Council Members with a copy of the Proposed Study, Hurricane Evacuation Plan for tbe City of Virginia Beach (hereby made a part of the record). Virginia Polytechnic Institute- State University has developed a computer simulation model to be used as the analysis and evaluation tool for the study. The cost to the City of Virginia Beach would be $28,397, with $10,000 to be contributed by the State of Virginia. It was requested by the City Manager that Council appropriate the necessary funding for the study (see Formal Agenda for Ordinance). October 3, 1983 -6- M A T T E R S B Y C I T Y M A N A G E R COUNCIL OF CIVIC ORGANIZATIONS - PROPOSAL ITEM # 20686 The City Manager referenced a proposal by the Council of Civic Organizations (Item # 20632, Informal Session, September 26, 1983) and offered the following alternatives: (1) The Planning staff would obtain the concerns and objectives of the Council of Civic Organizations, Tidewater Builders Association, etc. regarding the proposed Comprehensive Land Use Plan, or the existing plan, and initiate a first draft. (2) Regarding how binding the Comprehensive Land Use Plan is upon the City, it is the understanding that Virginia law does set aside a Comprehensive Plan as a guide rather than a binding document. (3) Regarding fiscal impact, the City Manager requested he be allowed to investigate the models available in other states and present his findings to Council in approximately three weeks. Councilman Jennings stated his desire to have a representative from the School Board included in considering the proposed Comprehensive Land Use Plan. INTERIM FINANCIAL STATFMENTS ITEM # 20687 Giles G. Dodd, Director of Finance, presented Council with Interim Financial Statements for the period July 1, 1982 through June 30, 1983 (copy of which is hereby made a part of the record). He also presented Council with a copy of a memorandum to the City Manager, to which was attached an analysis of the General Fund Balance (final balance was $7 million greater than projected). (Copy of memorandum and attachment are hereby made a part of the record.) CONSENT AGENDA ITEM # 20688 Item #1 regarding towing was requested for deferral and Item # 8 regarding acquisition of property (right-of-way of Landstown and Holland Roads) was requested to be voted upon separately. SANDGRADING/SANDBRIDGE ITEM # 20689 It was requested that a Resolution authorizing certain sandgrading activities at Sandbridge Beach due to an emergency situation caused by a storm on or about September 29, 1983, be added under New Business on the Formal Agenda. October 3, 1983 -7- RECESS INTO EXECUTIVE SESSION ITF24 # 20690 City Council recessed into EXECUTIVE SESSION at One Forty-Four in the afternoon. October 3, 1983 -8- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 3, 1983 2:45 p.m. Council Members Present: John A. Bawn, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: City Clerk in the absence of Reverend Ronald A. Smals, Pastor Grace Brethren Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 3, 1983 -9- Item II-D.1 MINUTES ITEQ # 20691 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Henley, City Council APPROVED, as corrected, the Minutes of September 26, 1983. On page 26, fifth line of the motion to adopt read: "limitation of four units* per acre." CORRECTED TO READ: "limitation of four units*: 4 units per acre 402 lots 5,000 square-foot minimum lots No zero lot lines 35-foot height limits AND, On page 31, Item 6 read: "6. PD-H-2 overlay limited to a maximum of 500 units*." CORRECTED TO READ: "6. PD-H-2 overlay limited to a maximum of 400 units*." 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -10- Item II-F.1 PRESENTATION TTEM # 20692 Mayor Jones presented a PROCLAMATION declaring the month of October, 1983 SPINA BIFIDA MONTH Accepting the Proclamation was Brenda Bondurant, on behalf of her daughter, Betsy, who has Spina Bifida. October 3, 1983 ,MfEREAS, Spina gi6ida iA the numbe4 one cAippleA oi nembo4nA; and WffREAS, Spina gi6ida iA a de6ect in the .6pinat cotumn in which the .6pine Aait4 to cto,6e p4opeAty duaing p4enat4t devetopment; and (VHEREAS, S Bijida oemu mo4e itequentty than Muttipte Sete- p- -t"", DyAtAophy, Potio and CyAtiC Fib-toA" combined; 4nd WffREAS, eveay hou4 . . . 24 houAA a day .6@e4e in the United StateA . . . a chitd WA Spina SiSida iA bo4n; and WffREAS, 30 yea4A ago 80 peacent oi the eWd4en boitn with Spina gisida died; today, th4ough aggLeA4ive, mod"n inteavention, 90 PeAcent A"vive to tive Satt Uve,6; and WEREAS, the Spina 8iiida A"oe&t4on oi AnwAie-a i,6 the 6ote o4ganizaVon dedicated to 4eptLeAenting tho.6e WA Spina gi6ida, thei4 6amitieA and 64iend,6; and I WHEREAS, the Spina gi6ida @oe&tion oi AwAir-a i.6 activety engaged in junding 4@ch on medicat and t4ea@t oi Spina Bijida; and WHEREAS, tho4e bo4n with Spina BiAida o4 othea handicap,6 a4e entitted to the oppo4 e4 awaitabte to othea citizen,6 oi the United State.A. NOW, THEREFORE, 1, touih R. lone,6, Mayo)t oi the City o6 Vi4ginia do heaeby ptoctaim the mona oi Oetabe4. 1983 a4 SPINA SIFIVA MOt4TH in ViAga& S"ch d u49e citizen4 to-6u 4t the e66o4t6 o6 the an Spina Bigida A.&6ociation in itA battte a@ thia caippting di.6ea,6e. LO@ R. one,6 Maye4 October 3, 1983 -12- Item II-C PUBLIC REARING ITEM # 20693 Mayor Jones declared a Public Hearing for: ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP). ORDINANCE TO ACCEPT A GRANT OF $5,200 FROM THE VIRGINIA FTRE COMMISSION FOR EQUIPMENT FOR THE FIRE TRAINING CENTER. ORDTNANCE TO APPROPRIATE FUNDS OF $932 TO THE FY84 CLEAN COMMUNITY OPERATING BUDGET. ORDINANCE TO ACCEPT A FEDERAL GRANT OF $15,000 FROM THE DIVISION OF MOTOR VEHICLES FOR A REGIONAL DUI TASK FORCE AND TO APPROPRIATE THESE FUNDS. ORDINANCE TO ACCEPT AND APPROPRIATE A FEDERAL GRANT OF $150,000 TOWARD THE DEVELOPMENT OF WOODSTOCK PARK. There were no speakers. Mayor Jones closed the Public Hearing. October 3, 1983 -13- Item 11-H.1 ORDINANCE ITEM # 20694 Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones, City Council APPROVED an Ordinance, on FIRST READING, to accept and appropriate funds from the Southeastern Virginia Areawide Model Program (SEVAMP). 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -14- AN ORD@ TO ACCEPT AND APPROPPJATE FUNDS PRC)M THE SOUTHEASUM WWINIA DE MDDEL P (SEVAMP) the Department of Mental Health and Mental Retardation (NH/MR) has deterniined a need to provide temporary substitute care for elderly individuals while their family menbers are absent, and , the City has entered into an agr@t with SEVAMP for funding of the above mentioned services for FY 83, and , SEVAMP has awarded the Depar@t of Mental Health and Mental Retardation an additional $2,000, and , there reniains $1,985 frcm the initial grant avard for funding the Respite Care program thrcugh 9/30/83 which needs to be reappropriated due to the City's fiscal year close-out. NOW, @RE, BE IT O@ BY THE CCLNCIL OF THE CITY OF VIIUINIA BEACH, VECTNIA: That the City Manager is hereby authorized and directed to accept the auurd and enter into the necessary contractual agre@ts for the city, and that funds are hereby appropriated in the amount of $3,985 including $1,985 frcm the General Fund Balance to the Depa@t of Mental Health and Mental Retardation for the Respite Care Program. BE IT FURTHER 0 that the additicnal grant award be financed by an increase of $2,000 in estimted revenue fran S PUBLIC G: Oct,3ber 3, 1983 FIRST READING: October 3, 1983 SECOND READING: Adopted by the Comcil of the City of Virginia Beach on the day of 1983. October 3, 1983 -15- Item II-H.2 ORDINANCE ITEM # 20695 Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones, City Council APPROVED, on FIRST READING, an Ordinance to accept a grant of $5,200 from the Virginia Fire Commission for equipment for the Fire Training Center. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -16- AN ORDINANCE TO ACCEPT A GRANT OF $5,200 FROM THE VIRGINIA FIRE COMMISSION FOR EQUIPMENT FOR THE FIRE TRAINING CENTER WHEREAS, the Commonwealth of Virginia through the Virginia Fire Commission makes available funds to localities to provide training for fire fighters, and WHEREAS, the City of Virginia Beach has been notified that a grant of $5,200 has been awarded for the purchase of training aids and other equipment for the Fire Training Center, and WHEREAS, no local funds are required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized to accept the grant for the City, and funds of $5,200 are hereby appropriated to the Department of Fire to purchase training aids in accordance with the grant award agreement from the Virginia Fire Commission. BE IT FURTHER ORDAINED that the appropriation be financed by $5,200 estimated revenue from the State of Virginia. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the day of 1983. PUBLIC HEARING: Oct,)ber 3, 1983 FIRST READING: October 3, 1983 SECOND READING: oct,)ber 3, 1,983 -17- Item 11-H.3 ORDINANCE ITEM # 20696 Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones, City Council APPROVED, on FIRST READING, an Ordinance to appropriate funds of $932 to the FY84 Clean Community operating Budget. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -18- AN ORDINANCE TO APPROPRIATE FUNDS OF $932 TO THE FY84 CLEAN COMMUNITY OPERATING BUDGET WHEREAS, the City anticipated in the FY84 Operating Budget a grant award of $17,905 from the state for litter control, and WHEREAS, the Department of General Services has been informed by the State Department of Conservation and Economic Development that the grant award for litter control to the city for FY84 totals $18,837 or $932 more than originally estimated, and WHEREAS, state regulations governing the use of the grant award indicate that the funds cannot be used to replace local funds currently budgeted, and WHEREAS, the Clean Coqununity bureau desires to utilize the additional funds to restock the supply of litter signs. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $932 are hereby appropriated to the Clean Community Operating Budget for needed signs and supplies. BE IT FURTHER ORDAINED that the additional appropriation be financed by an increase of $932 in estimated revenue from the Commonwealth. This ordinance shall be in effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the day of 1983. PUBLIC HEARING: October 3, 1983 FIRST READING: October 3, 1983 SECOND READING: Ai)i'V,ciV@LD AS -TC) CON-F ENT --DIPARTMINT -19- Item II-H.4 ORDINANCE ITEM # 20697 Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones, City Council APPROVED, on FIRST READING, an Ordinance to accept and appro- priate a Federal Grant of $15,000 from the Division of Motor Vehicles for a regional DUI Task Force. Voting: 11-0 Council Members Voting Aye: John A. Baum, Na6cy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. 3ack 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: None October 3, 1983 - 20- AN ORD TO AC= A FEDERAL GRANT OF $15,000 FROM THE DIVISION OF MOTOR VEHICLES FOR A @ICNAL DLJI TASK FOFCE AND TO APPROPPJATE THESE FUNDS the Virginia Divisicn of Motor Vehicles is desirous of establishing a Regional Task Force on DrurLk Driving in Southeastern Virginia which would prcmote public auareness of the DUI problem, and WHEREAS, the Southeastern Virginia Planning District CcnuLission has requested the City of Virginia Beach to act as fiscal agent so that this grant niay be inipleamted, and WHEREAS, the grant is for $15,000 and requires no local cash match. NOW, RE, BE IT O@ BY THE CAMIL OF THE CITY OF @INIA BEACH that the City Manager is hereby authorized to accept the grant for the City and funds are hereby appropriated for the following purposes: Regional Task Fo=e on Drunk Driving Estimated revenue frcra the Federal Governmnt - $15,000 Local match - $0 Total Appropriation - $15,000 BE IT FURTHER ORDAINED that the appropriaticn be financed by $15,000 estimated revenue frcrn the federal government. This ordinance shall be effective frcrn the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, cn the day of 1983. PUBLIC HEARING: October 3, 1983 October 3, 1983 FIRST READING: SECOND READING: Apr,,i,,OVED AS @@D October 3, 1983 -21- Item 11-H.5 ORDINANCE ITEM # 20698 Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones, City Council APPROVED, on FIRST READING, an Ordinance to accept and appro- priate a Federal Grant of $150,000 toward the development of Woodstock Park. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -22- AN ORDINANCE TO ACCEPT A FEDERAL GRANT OF $150,000 TOWARDS THE DEVELOPMENT OF WOODSTOCK PARK AND TO APPROPRIATE THESE FUNDS WHEREAS, City Council on February 7, 1983 authorized the City Manager to apply for federal funding for the development of Woodstock Park, and WHEREAS, federal funds of $150,000 have been awarded for this project by the National Park Service of the 11. S. Department of the Interior, and WHEREAS, the grant award requires a local mateb of $150,000 which has previously been provided by City Council in the FY 83 Revenue Sharing allocation. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that tbe City Manager is hereby authorized to accept the grant for the city and runds of $150,000 are bereby appropriated to the Parks and Recreation Capital Pro,jects fund for the development of Woodsto(.@k Park. Be it ftirther ordained that the appropriation be financed by $150,000 Estimated Revenue from tbe federal government. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 19 Public Hearing: October 3, 1983 First Reading: Oct@)ber 3, 1983 Second REading: -23- Item 11-I. CONSENT AGENDA ITEM # 20699 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council APPROVED, in ONE MOTION, Items 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14; and, DEFERRED, indefinitely, Ttem 1. Ttem 8 was voted upon separately. 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, ITT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 - 24- Item II-1.1 CONSENT AGENDA ITEM # 20700 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council DEFERRED INDEFINITELY, for the City Attorney's review of liability coverage, an Ordinance to amend and reordain Sections 21-423, 21-424, 21-425, 21-426, 21-428, and 21-429 of the Code of the City of Virginia Beach, Virginia pert.aining to towing. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -25- Requested by: Police Department, Economic Development (Tourist Development), Permits & Inspections (Consumer Protection) AN ORD,INANCE TO AMEND AND REORDAIN SECTIONS 21-423, 21-424, 21-425, 21-426, 21-428, AND 21-429 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO TOWING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 21-423, 21-424, 21-425, 21-426, 21-428, and 21-429 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 21-423. Identification of tow trucks. All tow trucks operated by a tow truck service shall display the name, address and telephone number of the operator thereof on both sides of the tow truck on permanently mounted signs or painted directly on the body of the truck in letters large enough to be readily legible, but in no case less than one inch in height. Section 21-424. Release of vehicle to owner or custodian prior to towing. If the owner or custodian of any vehicle not authorized to be parked in a private lot returns after a tow truck service has arrived but before the vehicle has been towed from the private lot, he may reclaim the vehicle whether or not it is fully hooked up to the tow truck by-paying-an-amount-not-to e*e@-fifteen@iiars-+rP+STOO+T-bdt'-no-sterage-eharge-may-be reqt2.iredr and it shall be unlawful for the tow truck service or operator to refuse to release the vehicle- T-!E-Sdeh-amOUnt-is Pa.id.r Section 21-425. Police to be notified of removal of vehicle. Prior to or simultaneously with the removal of any vehicle by a two tow truck service operator, the police dispatcher shall be notified of such removal and shall be given the license number and state of issuance of the license and, if knownf the vehicle identification number and the make, model, and model year of the vehicle to be towed. October 3, 1983 -25a- Section 21-426. Charges for towing and storage of vehicle. (a) No tow truck service or operator shall charge a basic fee of more than thirty dollars ($30.00) for towing between the hours of 7:00 a.m. and 7:00 p.m. or forty dollars ($40.00) for towing between the hours of 7:00 p.m. and 7:00 a.m.; provided that, an additional fee, for the use of eeeessery-eeldipment.-er service7 a dolly, not to exceed ten dollars ($10.00) may be charqed, where the use thereof is necessary to move the vehicle or prepare it for movement. This subsection shall apply only when a vehicle is moved or towed without the prior consent and agreement of the owner or custodian of the vehicle. (b) No tow truck service or operator shall charge more than four dollars ($4.00) per twenty-four-hour period for storage charges, efter not including an initial period of twenty-four (24) hours, for a vehicle removed from private property without the consent of the owner or custodian of the vehicle. (c) No tow truck service or operator shall charge any fee for mileage, in addition to the basic towinq fee set forth in subsection (a) above, when the vehicle is beinq taken without the consent of the owner or custodian of the vehicle. (d) A monetary receipt for each and every tow must be given to those persons whose vehicles have been towed by the towing service upon release of the vehicle. The information on the receipt must be clearly legible and include the time, date and place of the tow, the name of the tow truck operator who made the tow and the name of the towing service said operator works for. The receipt must also list the amount of money paid for the release of the vehicle, any additional charges incurred in the tow, and the reason for said additional charges. A copy of the receipt must be retained by the towing service. Section 21-428. Tow truck service operator's log. Tow truck service operators shall keep a log of all vehicles towed, including the make, model, a@ year and vehicle identification number, if known, of the vehicle, its license -2- October 3, 1983 -25b- number and state of issuance, the time, and date and place of tow, the name of the tow truck operator who made the tow and, for each entry of tow, the siqnature of the owner of the private lot, or his representative, requesting and authorizing the tow shall be required. A letter of authorization from the owner of the private lot or his representative, when carried in the tow truck making the tow, shall be sufficient to meet this latter requirement. Such log shall be available for inspection by city police during normal business hours of the tow truck operator. Failure to keep such a log shall be unlawful. Section 21-429. Miscellaneous prohibited acts by tow truck service or operator. Except when acting as an agent in the legal repossession of a vehicle, it shall be unlawful for any tow truck service or operator to: (1) Tow or otherwise move a vehicle from any area or portion of a public street, without either the consent of the owner or custodian of the vehicle or authorization from a police officer or other desiqnated official of the city. (2) Block the movement of or tow or otherwise move a vehicle from any private road, driveway or any other privately owned land or property within the city, except when requested to do so by the owner or custodian of the vehicle; unless specifically requested to perform such towing service by the owner or his agent or licensee (other than the owner, employee or agent of the wrecker and towing service) of the private property on which the vehicle is parked. (3) Tow or otherwise move a vehicle from any private road or driveway, or from any other privately owned land or property within the city to a place out of the city, without the consent of the owner or custodian of the vehicle; provided that, after a period of not less than twenty-four (24) hours from the time of the request for removal has elapsed, any such vehicle may -3- October 3, 1983 -25c- be moved to a storage area outside the city, with prior notification to and approval of the police department. (4) Block the movement of any vehicle, other than when on the property of the tow iruck service, to prevent the movement thereof by its owner or custodian who has appeared and desires to move the vehicle. (5) Drive a wrecker or tow truck along any street to solicit towing or engage in cruising to patrol or police private property or pa+iee-department7 tO wait for employment by standing or parking on public property. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1983. KJC/da 3/9/83 5/6/83 7/20/83 9/16/83 (E) DEPAR-,MiNT CITY ATTORNEY October 3, 1983 -4- - 26- Item IT-I.2 CONSENT AGENDA ITEM # 20701 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to amend and reordain Chapter 33 of the Code of the City of Virginia Beach, by adding an Article VT thereto pertaining to encroachments into public streets and other public ways, places or property. 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, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -27- AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33 OF THE CODE OF THE CITY OF VIRGINIA BEACH, BY ADDING AN ARTICLE VI THERETO PERTAINING TO ENCROACHMENTS INTO PUBLIC STREETS AND OTHER PUBLIC WAYS, PLACES OR PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 33 of the Code of the City of Virqinia Beach, Virginia, is hereby amended and reordained by addinq an Article VI thereto as follows: ARTICLE VI. ENCROACHMENTS INTO PUBLIC STREETS AND OTHER PUBLIC WAYS, PLACES OR PROPERTY Section 33-113. Application; processing fee. Applications for encroachments into public streets and other public ways, places or property shall be made to the department of public works. A fee of $100-00 shall be Daid to the city for the processing of an application for an encroachment into any public street or other public way, place or property. The director of public works or his authorized representative shall not accept any application unless such fee be paid at the time the application is filed. The department of public works is hereby authorized and directed to prepare and adopt a procedl]rp for the processing of such applications and the reportinq to city council of any detrimental effect which a requested encroachment may have on the public health, safety, welfare or interest. City council may deny or grant permission to encroach subject to such terms and conditions as city council may, in its descretion, deem proper. Notwithstandinq any other provision of law, city council shall deny any encroachment request it determines, in its descretion, to be detrimental to the public health, safety, welfare or interest. October 3, 1.983 -28- Permission by city council granted hereunder to any person to construct and maintain an encroachment into any publig street or other public way, place or property shall not relieve ,such person or encroachment of complying with.all other applicable laws, regulations and requirements. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of October 1983. MES/re 6/1 7/8 3 (E) A, T" "O"', -2- October 3, 1983 -29- Item 11-1.3 CONSENT AGENDA ITEM # 20702 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED, on SECOND READING, an Ordinance to amend and re- ordain Section 35-50 of the Code of tbe City of Virginia Beach pertaining to roll-back tax when use changes to nonqualifying use. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -30- Requested by: Pinance AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-50 OF THE CODE OF THE cl,ry op VIRGINIA BEACH PERTAININ(L, TO ROLL-BACK TAX WHEN USE CHANGES TO NONQUALIFYING USE BE IT ORDAINED BY THE CITY COUNCIL OF THE Cl,ry OF VIRGINIA BEACH, VIRGINIA: That Section 35-50 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Section 35-50. Roll-back tax when use changes to nonqualifying use. There is hereby imposed a roll-back tax, in such ainount as inay be determined under section 58-769.10 of the Code of Virginia, upon any property as to which the use chanqes to a nonqualifying use under tliis division, plus simple interest on such roll-back taxes at the same interest rate of-six-f6@ pereent-per-anndm 2Ep i@cabke to delinqupnt real estate taxes pursuant to section 35-37 of this Code. The real estate assessor shall determine and assess the roll-back tax of the owner of any real estate liable for such tax, which shall be paid to the city treasurer within thirty (30) days after the assessment. Pailure of the owner to pay sucti tax within thirty (30) days shall cause the owner to be liable for an additional penalty of ten (10) percent of the amount of the roll-back tax, which penalty shall be collected as part of the tax. In addition to such penalty, there is hereby imposed interest at the same interest rate of applicable to d uen@rt.al estate taxes pursuant to section 35-37 of this Code on the amount of roll-back tax for each month or fraction thereof during which failure to pay continues. Adopted by the Council of the City of Virginia Beach, Vir(jinia, on the 3rd day of October 1983. First Reading: 26, L983 Socund Reading: October 3, 1983 3/24/8 3 4/15/8 3 (D) -31- Item II-1.4 CONSENT AGENDA ITEM # 20703 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council APPROVED, on FIRST READING, an ordinance to appropriate $2,000,000 of State contribution to the Virginia Museum of Marine Science. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -32- AN ORDINANCE TO APPROPRIATE $2,000,000 OF STATE CONTRIBUTION TO THE VIRGINIA MUSEUM OF MARINE SCIEMCE WHEREAS, City Council desires to continue the effort to construct a museum of marine science in Virginia Beach, and WHEREAS, Council recently awarded the low bid of SR International in the amount of $4,678,000 for the marine science museum project and authorized the City Manager to enter into the necessary agreements for implementation of this project, and WHEREAS, the Virginia General Assembly recently approved a $2,000,OUO allocation for the museum contingent upon a fund balance existing on June 30, 1984, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $2,000,000 be appropriated to the Virginia Museum of Marine Science capital project to be offset by a like amount in estimated revenue from the Commonwealth. First Reading: October 3, 1983 Second Reading: Approved by the Council of the City of Virginia Beach on the _ day of 1983. L-1-ORD9 October 3, 1983 -33- Item II-I.5 CONSENT AGENDA ITIM # 20704 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to transfer funds of $38,397 for a Comprehensive Hurricane Evacuation Plan for the City of Virginia Beach. 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, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -34- AN ORDINANCE TO TRANSFER FUNDS OF $38,397 FOR A COMPREHENSIVE HURRICANE EVACUATION PLAN FOR THE CITY OF VIRGINIA BEACH WHEREAS, Virginia Polytechnic Institute and State University with a grant from the National Science Foundation has developed a mass evacuation computer simulation model to be used in evacuation planning, and WHEREAS, the Office of Emergency Services in conjunction with VPI and SU has proposed a study to develop a comprehensive hurricane evacuation plan for the City of Virginia Beach, and WHEREAS, the results of the study will provide the city with an effective evacuation plan including optimum preparation and warning, best evacuation routes, optimum shelter locations and capacity, possible traffic bottlenecks and strategies to alleviate them, and recommendations for land use and transportati()n plans, and WHEREAS the city's cost to participate in the plan is estimated at $38,397; however, it is anticipated that the city will receive federal assistance of $10,000 to partially offset this cost, and WHEREAS, City Council believes it appropriate to develop such a plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $38,397 be transferred from the General Fund Reserve for Contingencies to the Office of Emergency Services to allow for the city's participation in the development of a Hurricane Evacuation Plan for the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach on the 3rd day of October 19 83 First Reading: October 3, 1983 October 3, 1983 -35- Item II 1.6 CONSENT AGENDA ITEM # 20705 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED an ordinance authorizing a temporary encroachment into a portion of the right-of-way of Holly Road to Rudolph H. Koch, his heirs, assigns and successors in title. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -36- Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY HOLLY ROAD TO RUDOLPH H. KOCH, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Rudolph H. Koch, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Holly Road. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a private 2' PVC force main to service property known as parcels A & B, subdivision of lot 75, Linkhorn Park and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Holly Road, on the certain plat entitled: "PROPOSED PRIVATE SANITARY FORCE MAIN CONNECTION FOR PARCELS A & B,' a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Rudolph H. Koch, 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 right-of-way of Holly Road and that Rudolph H. Koch, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. -37- AND, PROVIDED FURTHER, that it is expressly understood and agreed that Rudolph H. Koch, 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 Rudolph H. Koch 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 3rd day of October 19 83 MES/re 9/2/8 3 (29B) -2- October 3, 1983 -38- Item II-1.7 CONSENT AGENDA ITEM # 20706 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Rosemont Road to Mr. John Aspinwall, ill, his heirs, assigns and successors in title. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -39- Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF ROSEMONT ROAD TO MR. JOHN ASPINWALL, III, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Mr. John Aspinwall, III, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the City right-of-way of Rosemont Road. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a private 2" force main to service a proposed Jack Rabbit Storage Warehouse to be built on that certain property described as Subdivision of Parcel A - Resubdivision of a portion of Block R and 0, Jacksondale, and a portion of Blocks N and Q, Plat of Rosemont Corp. and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Rosemont Road, on the certain plat entitled: "Proposed Force Main Encroachment into Rosemont Road,' a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Mr. John Aspinwall, III, his heirs, assigns and successors in title and that within thirty 30 days after such is notice is given, said encroachment shall be removed from the City right-of-way of Rosemont Road and that Mr. John Aspinwall, III, h heirs, assigns and successors in title shall bear all costs and expenses of such removal. -40- AND, PROVIDED FURTHER, that it is expressly understood and agreed that Mr. John Aspinwall, III, 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 Mr. John Aspinwall, III 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 3rd day of October 19 83 MES/sm 8/22/8 3 (29C) -2- October 3, 1983 -41- Item II-I.8 CONSENT AGENDA ITEM # 20707 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED an Ordinance to authorize acquisition of property in fee simple for right-of-way of Landstown Road and Holland Road and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. Voting: 8-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Robert C. Jones, W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley and Meyera E. Oberndorf Council Members Abstaining: Mayor Louis R. Jones October 3, 1983 -42- AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY OF LANDSTOWN ROAD AND HOLLAND ROAD AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important public road project to serve the residents of the City and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plats entitled, "Plat Showing Right-of-Way Dedication of Variable Width to be Dedicated to the City of Virginia Beach, Virginia by Sam Sandler, et al, Princess Anne Borough - Virginia Beach, Virginia, Scale: 1"=100', August, 1983, John E. Sirine and Associates, Ltd., Surveyors - Engineers - Planners, Virginia Beach, Virginia;" 'Plat Showing Right-of-Way Dedication of Variable Width to be Dedicated to the City of Virginia Beach, Virginia by Lewis H. Brinkley, Jr., Princess Anne Borough - Virginia Beach, Virginia, Scale: 1"=401, August, 1983, John E. Sirine and Associates, Ltd., Surveyors - Engineers - Planners, Virginia Beach, Virginia;' "Plat Showing Right-of-Way Dedication of Variable Width to be Dedicated to the City of Virginia Beach, Virginia by Hazel Marie Williams, Princess Anne Borough - Virginia Beach, Virginia, Scale: 1"=40', August, 1983, John E. Sirine and Associates, Ltd., Surveyors - Engineers - Planners, Virginia Beach, Virginia;" and "Plat Showing 15' Right-of-Way -43- Dedication to be Dedicated to the City of Virginia Beach, Virginia by LuCy V. Moore, Princess Anne Borough - Virginia Beach, Virginia, Scale: I"=40', August, 1983, John E. Sirine and Associates, Ltd., Surveyors - Engineers - Planners, Virginia Beach, Virginia;" these plats being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of October 19 83. JAR/sm 9/21/83 (9) -2- October 3, 1983 -44- Item II-I . 9 CONSENT AGENDA ITFM # 20708 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council APPROVED the low bid of Asphalt Roads and Materials Company, Inc. in the amount of $218,770.54 for the Park Connector Bikeway Project (CIP 4-911); 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -4 5- Item II-I.10 CONSENT AGENDA ITEM # 20709 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council APPROVED a request by the City Attorney for confirmation of the appointment of Cristel L. Lewis as attorney trainee. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -46- Item II-I.11 CONSENT AGENDA ITEM # 20710 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council APPROVED a permit for the Nightingale Air Ambulance Service to operate a Class F EMS Vehicle (helicopter) in the City of Virginia Beach. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -47- Item II-I.12 CONSENT AGENDA ITEM # 20711 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council APPROVED a Raffle Permit for Women of Eastern Shore Chapel Episcopal Church. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -48- item II-I.13 CONSENT AGENDA ITEM # 20712 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $366.00 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. Kitcbin, ITT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 ORM NO, C.A, 7 -49- 9/19/83 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE fT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Da!e Penalty Int. T.tal Year of Tax Number tion No. p aid Sue P Foster 83 Pkng 89173 6/29/83 6.00 New Centre Town Investors 83 RE(1/2) 59589-5 11/26/82 360.00 Total 366.00 s@p 90 1983 P,izp-r. OF LAW This ordinance shall be effective from date of adoption. The above abatement(s@ totaling Cert 36 .00 were approved by the Council of the City of Virginia Beach on the 3 day of ctob@r, 1983. john Appro, Ruth Hodges Smith City Clerk - 50- Item II-I.14 CONSENT AGENDA ITEM # 20713 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance authorizing License Refunds in the amount of $6,206.80 upon application of certain persons and upon certification of the Commissioner of the Revenue. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -51- AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER Or THE REVENUE f BE -IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certificatio, of the Commissioner of the Revenue are hereby approved: llluENbb DATE NAME YEAR PAID BASE PENALTY INT. TOTAI Pavilion Towers Assoc., Etals 1900 Pavilion Dr. Va- Beach, VA 23451 T/A Pavilion Tower Hotel 19FI3 5/26/83 4,573.RO 4,573.A Pavilion Tower Assoc., Etals 1900 Pavilion Dr. Va. Beach, VA 23451 T/A POppieS Restaurant 1983 5/26/83. 1,633.00 '1,633.Oi Certified as to Payment: Dam ^,C> r of Revenue Appr-ed as to form: SEP 2@ D L@;:, y The above abatement(s) totaling 6 , 2 0 680 were approved by the, council of the City of Virginia Beach on the 4rd day of octot;pr 19 83 Ruth H6ages City Clerk October 3, 1983 -52- Item II-J.1 PLANNING ITEM ITEM # 20714 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council DEFERRED, for two weeks to October 17, 1983, an Ordinance to amend and reordain Article 2, Section 221, of the Comprebensive Zoning Ordinance pertaining to procedural requirements and general standards for Conditional Use Permits. This request was deferred for one week on September 26, 1983. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -53- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 221 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO PROCEDURAL REQUIREMENTS AND GENERAL STANDARDS FOR CONDITIONAL USE PERMITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 221 be amended and reordained in part as follows: Section 221 (k). Ackninistrative Renewal of Use Pemits. All use permits which are subject to time limitations may be reviewed and extended for like periods of time, after a determi,natton by the Dtrector of Planning that the continuation of the use permi,t would not be.detriinental to the public health, safety, and welfilre and that t6 continue the activity under the use pemit would not cause public'indonvenience.' annoyailce. disturbance or have an unduej"impaict on the community or be in- coinpatible wtth other uses of land-in tbe particular zoning dtstrict, Arnong the matters to be tonsidered in this connection are traffic flow and control; access to and circulation within the property; off-street parking and loading; refuse and service Areas; btilittes; screening and buffering; signs, yards and other open spacesi height, bulk aiid location of structures; location of proposed open space uses; hours and manner of operation; ond'noise, light, dust, odor, fumes and vibrations. Any person aggrteved by the decision of the Director of flanntng may. upon his request, have the matter revi6wed by the Planning Comission and the City Council after foll6wing the procedure set forth in SS221(a.)'of the Zoning Ordinance. Adopted by the.Council of the City of Virginia Beach. Virginia, on the day of Octobei 3,@1983 -54- Item IT-J.2 PLANNING ITEM TTEM # 20715 Martha D. Franklin represented herself. Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council APPROVED, SUBJECT TO FINAL ADOPTION, an Ordinance closing, vacating, and discontinuing a portion of a certain urideveloped alley, in the petition of JOHN and MARTHA D. FRANKLIN, III, per the following: Ordinance upon application of John and Martha D. Franklin, IIT for the discontinuance, closure and abandonment of a portion of an undeveloped 15-foot alley bounded by Elm Avenue on the south and Dare Drive on the north, which lies between Lot 13 of Block 21 on the west, and Lot 27, Block 21, on the east, as shown on that plat of Croatan Beach recorded in Map Book 24, page 37, in the Clerk's Office of the Circuit Court. Said parcel contains 750 square feet, more or less. LYNNHAVEN BOROUGH. Approval was subject to the following: 1. Resubdivision of the property to incorporate the closed area into adjoining parcels, as well as to avoid the creation of nonconforming lots and to insure that all lots have access to a public street. 2. The closure of this right-of-way shall be contingent upon compliance with the above-stated condition within 180 days of the approval by City Council. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -54a- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN UNDEVELOPED ALLEY, BOUNDED BY ELM AVENUE ON THE SOUTH, DARE DRIVE ON THE NORTH, LOT 13 OF BLOCK 21 ON THE WEST, AND LOT 27, BLOCK 21 ON THE EAST, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PHYSICAL SURVEY FOR ALLEY CLOSURE", WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by John Franklin, III and Martha D. Franklin, that they would make application to the Council of the City of Virginia Beach, Virginia, on I to have the hereinafter described alley discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said alley be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described alley be discontinued, closed and vacated: That portion of an undeveloped alley bounded by Elm Avenue on the South and Dare Drive on the North, which lies between Lot 13 of Block 21 on the West and Lot 27 of Block 21 on the East and more particularly described as beginning at a pin on the SW corner of Lot 27, Block 21, thence South 85* 45' 45" West a distance of 15 feet to a pin in the SE corner of Lot 13, Block 21, thence North 041, 14' 15" West to the northernmost point of Lot 13, thence along a line having a radius of 988.371 which is the South side of Dare Drive to a point on Dare Drive which meets the dividing line between Lots 27 and 28, Block 21, were it extended in a northerly direction to a point in the South side of Dare Drive; thence South 851 45' 45" West to a pin in the dividing line between Lots 27 and 28, Block 21, thence South 041 141 15" East a distance of 501 to the point of beginning as shown on that plat of Croatan Beach, recorded in Map Book 24, Page 37, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. October 3, 1983 -54b- PENDER &t? COWARD ATTORNEYS AND COUNSELLORS AT LAW LEE ... I @... l@l SU.T. 415, NC.T.W. SO@A., @..-ESE..Il i6O NEWTO@. ROA. VIRC31NIA OF-ACH, VIRGINIA 23462-2483 .A.T.A I.A..L.. IR.E..A. IER..E IR.CD.A. T.L.@.O..: (804) 490-3000 .@LS.. W. @O.A.. IE..A.. .. L@@l.. .1 L.U.IIL IA.E. .. I..E@.A. l@IER C. A.@.., IR. W.LL... C. @@.E. ..R.E .. A@..LIES .E.RY C...@.A@, IR. .ILI.6 A.D.I@. T .... @ S.@ ... RIC. June 30, 1983 ..@T .1l.CE .0. l@.@l ..LL.@. S..T. CERTIFICATE OF VESTING OF TITLE I, H. Lee Addison, attorney for John Franklin, III and Martha D. Franklin, do hereby certify that: 1. I am an attorney at law and represent John Franklin, III and Martha D. Franklin, the petitioners. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said prop6rty will vest in John Franklin, III and Martha D. Franklin and the Croatan Beach Corporation, the adjacent landowners. The said property referred to herein is hereby described as follows: That portion of an undeveloped alley bounded by Elm Avenue on the South and Dare Drive on the North, which lies between Lot 13 of Block 21 on the West and Lot 27 of Block 21 on the East and more particularly described as beginning at a pin on the SW corner of Lot 27, Block 21, thence South 85' 45' 45' West a distance of 15 feet to a pin in the SE corner of Lot 13, Block 21, October 3, 1983 -54c- PENDER &gt COWARD CERTIFICATE OF VESTING OF TITLE Page 2 thence North 040, 141 151 West to the northernmost point of Lot 13, thence along a line having a radius of 988.371 which is the South side of Dare Drive to a point on Dare Drive which meets the dividing line between Lots 27 and 28, Block 21, were it extended in a northerly direction to a point in the South side of Dare Drive; thence South 850 451 45" West to a pin in the dividing line between Lots 27 and 28, Block 21, thence South 04* 141 15" East a distance of 50' to the point of beginning as shown on that plat of Croatan Beach, recorded in Map Book 24, Page 37, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. H. Lee Addison, lti Pender & Coward 06293/tw/C Suite 415, 160 Newtown Road Virginia Beach, Virginia 23462 October 3, 1983 -54d- ORDINANCE APPOINTING VIEWERS WHEREAS, John Franklin, III and Martha D. Franklin have given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 1st day of August, 1983, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance, vacation and closure of the hereinafter described portion of that certain alley, and has filed such application with said Council; NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT and are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain alley located in the City of Virginia Beach, Virginia, and more particularly described as follows: That portion of an undeveloped alley bounded by Elm Avenue on the South and Dare Drive on the North, which lies between Lot 13 of Block 21 on the West and Lot 27 of Block 21 on the East and more particularly described as beginning at a pin on the Sw corner of Lot 27, Block 21, thence South 85* 45' 45" West a distance of 15 feet to a pin in the SE corner of Lot 13, Block 21, thence North 04*, 141 1511 West to the northernmost point of Lot 13, thence along a line having a radius of 988.371 which is the South side of Dare Drive to a point on Dare Drive which meets the dividing line between Lots 27 and 28, Block 21, were it extended in a northerly direction to a point in the South side of Dare Drive; thence South 851 45' 45" West to a pin in the dividing line between Lots 27 and 28, Block 21, thence South 04@ 141 15" East a distance of 501 to the point of beginning as shown on that plat of Croatan Beach, recorded in Map Book 24, Page 37, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. -54e- All of the above as shown upon that certain plat entitled, "Physical Survey for Alley Closure, Croatan Beach, Lynnhaven Borough, Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed alley. October 3, 1983 -54f- IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN UNDEVELOPED ALLEY, BOUNDED BY ELM AVENUE ON THE SOUTH, DARE DRIVE ON THE NORTH, LOT 13 OF BLOCK 21 ON THE WEST, AND LOT 27, BLOCK 21 ON THE EAST, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PHYSICAL SURVEY FOR ALLEY CLOSURE", WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, John Franklin, III and Martha D. Franklin, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioners apply for the vacating, closing, and discontinuance of that certain alley, which is more specifically described as follows: That portion of an undeveloped alley bounded by Elm Avenue on the South and Dare Drive on the North, which lies between Lot 13 of Block 21 on the West and Lot 27 of Block 21 on the East and more particularly described as beginning at a pin on the SW corner of Lot 27, Block 21, thence South 85* 451 45" West a distance of 15 feet to a pin in the SE corner of Lot 13, Block 21, thence North 041, 141 15" West to the northernmost point of Lot 13, thence along a line having a radius of 988.371 which is the South side of Dare Drive to a point on Dare Drive which meets the dividing line between Lots 27 and 28, Block 21, were it extended in a northerly direction to a point in the South side of Dare Drive; thence South 850 451 45' West to a pin in the dividing line between Lots 27 and 28, Block 21, thence South 041 141 15" East a distance of 501 to the point of beginning as shown on that plat of Croatan Beach, recorded in Map Book 24, Page 37, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Said parcel of land being shown on that certain plat entitled "Physical Survey for Alley Closure", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said October 3, 1983 -54g- street; and the Petitioners pray that this Honorable Council appoint Viewers as provided by law to view said platted alley proposed to be closed and to report in writing to the Council on or before the day of 1983, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said alley, as herein reported and described. 3. That on the day of July, 1983 and on the day of July, 1983, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted alley are your Petitioners herein, John Franklin, III and Martha D. Franklin, and Croatan Beach Corporation, c/o Amelia G. McLean, Post Office Drawer J, Portsmouth, Virginia 23704. Respectfully submitted, JOHN FRANKLIN, III and MARTHA Martha D. Franklin, Esquire PENDER & COWARD Suite 415 Newtown Square 160 Newtown Road Virginia Beach, Virginia 23462 06293/tw/C October 3, 1983 -55- Item 1I-J.3 PLANNING ITEM ITEM # 20716 Reverend George Sweet represented the applicant. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of ATLANTIC SHORES BAPTIST CHURCH for a Conditional Use Permit for a church as follows: ORDINANCE UPON APPLICATION OF ATLANTIC SHORES BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHTJRCH R01083580 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA: Ordinance upon application of Atlantic Shores Baptist Church for a Conditional Use Permit for a church on certai@n property located on the east side of Centerville Turnpike beginning at a point 225.62 feet north of Kempsville Road, running in a northwesterly direction a dis- tance of 823.49 feet along the east side of Centerville Turnpike, running in an easterly direction a distance of 318.63 feet, running in a southeasterly direction a distance of 73.83 feet, running in a southwesterly direction a distance of 56.74 feet, running in a south- easterly direction a distance of 210.43 feet, running in a southwesterly direction a distance of 15.50 feet, running in a southeasterly direction a distance of 556.54 feet, running a distance of 287.65 feet in a southwesterly direction along the north side of Kempsville Road, running in a northwesterly direction a distance of 153.84 feet, running in a southwesterly direction a distance of 117.05 feet. Said parcel contains 8.72 acres. KEMPSVILLE BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third day of October, Nineteen Hundred, Eigtt@T@ee. 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, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 NOTE: Council voted to expedite this matter on September 6, 1983. -56- Item II-K APPOINTMENT ITEM # 20717 Upon nomination by Councilman Jennings, F. REID ERVIN was REAPPOINTED to the Hampton Roads Air Pollution Control District for a two-year term from October 3, 1983 to October 2, 1985. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -57- Item 11-K APPOINTMENT ITEM # 20718 Upon nomination by Councilwoman Creech, FLORENCE K. TURNER and MICHAEL NEWBILL were REAPPOINTED to the Historical Review Board for two-year terms from October 3, 1983 to October 2, 1985. 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, RoberL 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: None October 3, 1983 -58- Item II-K APPOTNTMENT ITEM # 20719 Upon nomination by Councilman Heischober, EDWARD LYNK was APPOINTED to the Personnel Board for a three-year term from October 3, 1983 to October 2, 1986. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, R. 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: None October 3, 1983 -59- Item II-K APPOINTMENT ITEM # 20720 Upon nomination by Councilman McCoy, JAMES V. POWELL, JR. was REAPPOINTED to the Board of Plumbing and Mechanical Appeals for a two-year term ending December 31, 1985. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -60- Item II-M.1 NEW BUSINESS ITEM # 20721 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council DEFERRED, for two weeks t@o October 17, 1983, RECONSIDERATION of a condition in the application of THALIA WAYSIDE CORPORATION for a Change of Zoning (from R-6 to A-2) which was approved May 19, 1980. The Staff will meet@ with concerned parties during the interim. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -61- Item II-M.2 ADD-ON NEW BUSINESS ITEM # 20722 Attorney Moody Stallings represented Sandbridge property owners as well as the State Commission on Public Beaches. Upon motion by Vice Mayor Henley, seconded by Councilwoman McClanan, City Council ADOPTED a Resolution authorizing certain sand grading activities at Sandbridge Beach due to an emergency situation caused by a storm on, or about, September 29, 1983. 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., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 3, 1983 -62- A RESOLUTION AUTHORIZING CERTAIN SAND GRADING ACTIVITIES AT SANDBRIDGE BEACH DUE TO AN EMERGENCY SITUATION CAUSED BY A STORM ON OR ABOUT SEPTEMBER 29, 1983 WHEREAS, pursuant to S44-146.13, et seq. and subsection 3K of S62.1-13.25 of the Code of Virginia, as amended, the governing body of the City of Virginia Beach may declare an emergency for the purposes of authorizing certain activities on coastal primary sand dunes in order to protect the public health or safety without said activity having to be reviewed and approved by the local Wetlands Board; and WHEREAS, the permit process for authorization by the Wetlands Board for sand grading activities on coastal primary sand dunes generally involves several months; and WHEREAS, due to the wind storm on or about September 29, 1983, the beach, shores and sand dunes located at Sandbridge Beach have seriously eroded causing a hazard to the beach, shores and the property adjacent thereto. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that pursuant to S44-146.13, et seq. and subsection 3K of S62.1-13.25 of the Code of Virginia, as amended, an emergency is declared on the sandy beach area and sand dunes east of Sandfiddler Road at Sandbridge Beach and the City Manager may issue sand grading permits pursuant to S6-13 of the Code of the City of Virginia Beach to conserve and protect the beaches and shores or property adjacent thereto upon proper application therewith. This Resolution shall take effect immediately and be effective for 90 days after the date of adoption. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 3rd day of pctober , 1983. DSH/sm APPPOVED AS TO CONTENI 9/19/8 3 9/2 0/8 3 SIGNATURL 9/30/8 3 (RES .3) DrPARTiPi@t,'T 'ITY -y -63- Item II-M.3 ADD-ON NEW BUSINESS ITFM # 20723 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council DEFERRED, for two weeks to October 17, 1983, RECONSIDERATION of the application of BREEDEN DEVELOPMENT CORPORATION for a Change of Zoning from B-2 to A-1 (rather than from B-2 to A-2 which was denied September 26, 1983). Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McCianan, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: None October 3, 1983 -64- Item II-M.4 ADD-ON NEW BUSINESS ITEM # 20724 Councilman McCoy presented Council with a proposal to reinstate Old Donation Parkway on the Master Street and Highway Plan and to extend Indian Lakes Boulevard and South (Southern) Boulevard. Said proposal was referred to the Staff for review as to its feasibility. October 3, 1983 -65- Item II-N ADJOURNMENT ITEM # 20725 By consensus, City Council adjourned the meeting at Four EighL in the afternoon. J n RI cmc Mayor City Clerk City of Virginia Beach Virginia /jk October 3, 1983