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HomeMy WebLinkAboutOCTOBER 24, 1983 MINUTES Cit@@f E3@Et@@ "VVORLD'S LARGEST RESORT CITY" CITY COUNCIL AIAYOR /,Ot)IS R. ]ONES, 13 ... id@ B,,,,,,gh VICE.AIAYOR 13AR[3,IRA Al. IIENLEY, P,,,g. 13@,..gb 1011@'q A. BA LIM. B.,..gh ,VANCY A. CREECII, I, L.,g, IIAROLD IIEISCIIOBER, At L.,g@ 11. JACWIF,%,NIVGS. JR., B,,-.gh RORERT G. ]ONES, A, L.,g@ W. It. K17-CIIIN, ill. Vigi@i,, B ... h REBA S. kt,CLAI;Alf, P,i@.... A@@@ B@,,,.gb 1. IIENRY @i,eOY. JR., K@@p@,,ill, B.,.,gb 212 CITY IIALL III)ILDTNG MEYERA E. 013ERNDORF, A, L.,R, MIINI(.-IPAL CENTER VIRGIN'A BEACII, VIR(;tVtA 23456 RUT[i 14OD(;175 SAlIT11, CMC, Ci,y Cl,,k (804) 42'-4303 CITY COUNCIL AGENDA October 24, 1983 ITEM I INFORMAL SESSION: 5:30 p.m. A. CALL TO ORDER Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORr4AL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSI()N OF PERTINENT MATTERS 1. Matters for discussion by mayor. 2. Matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Alternatives for Presenting 1984 Legislative Pac a@e to City Council and State Leqislators: DiscusSion. 2. Interim Financial Statements for the Period July 1, 1983, through September 30, 1983: Discuss ion . 3. Review of Consent Agenda. ITEM II FORRAL SESSION: 7:00 p.m. A. INVOCATION: Reverend Edmond A. McLeod, D. Min. Kings Grant Presbyterian Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of October 17, 1983. E. PRESENTATION 1. Resolution in Recognition - Mary Ellen Kerwin 2. Resolution in Recognition - Disabled American Veterans, Virginia Beach Chapter 20 F. PUBLIC HEARING 1. Ordinance to amend the Master Street and Highway Plan dated December 16, 1974 (widening Independence Boulevard and relocatinq Baxter Road). (This matter was deferred until today on September 26, 1983.) a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval of the original plan and his recommendation to refer back to the Planning Commission the alternatives for further study. G. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Aqenda and considered separately. 1. Resolut'--on in Recoqnition to Mary Ellen Kerwin. 2. Resolution in Recognition to the Disabled American Veterans, Virginia Beach Chapter 20. 3. Resolution requesting the Virginia Department of Highways and Transportation to do all title and legal work, appraise the riqhts-of-way for Virginia Beach Boulevard, and to handle relocation assistance, if any. 4. Ordinance to amend and reordain Chapter 26 of the Code of the City of Virginia Beach, virginia, pertaining to peddlers and solicitors. 5. Ordinance, on FIRST READING, to appropriate an amount of $30,000 to the ocean Park Volunteer Rescue Squad, Inc. for the purchase of a new ambulance. 6. Ordinance to transfer funds of $13,500 from the General Fund Reserve for Continqencies for membersliip in Public Technologies, Incorporated (PTI). ITEM II G. CONSENT AGENDA (Cont'd) 7. Ordinance to transfer funds of $51,999 within the Depart- ment of Public Works for a truck tractor for the Refuse Transfer Station. 8. Ordinance to authorize acquisition of property in fee simple for right-of-way for the Lake Smith Sewer/Water/ Street Improvements Project and tbe acquisition of temporary and permanent easements of right-of-way, either by aqreement or by condemnation. 9. Raffle Permit: Brookwood Elementary School P.T.A. 10. The following State-Local Hospitalization Contracts are submitted for consideration by City Council; 1982-83 1983-84 University of Virginia $270.76 $316.19 Hospital Community Mental Health $234.80 $264.60 Center and Psychiatric Hospital H. PLANNING 1. Application of Indian Lakes Foundation Homeowners' Association for the vacation of 20-foot and 10-foot pedestrian access easemen s within @e tion F- @P r@t 1, 2, and 3 of Indian Lakes (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 2. Ordinance closing, vacating and discontinuing a portion of Cleveland Street located at the soutwest intersection with Clearfield Avenue, totalling 1.36 acres, in the petition of Runnymede Corporation (Bayside Borough). (This matter was deferred for two weeks on October 10, 1983.) a. Letter from the City Manaqer transmits the recommendation of the Planning Commission for approval, and of the viewers for an additional two week deferral. 3. Application of Hickory Corporation for a change of zoninq from B-2 Community-Business District to A-1 Apartment District on a 10.961-acre parcel located along the northeast side of First Colonial Road, south of Great Neck Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal. 4. Application of South Plaza Trail Commercial Investment Group for a change of zoning from B-2 Community-Business District to A-1 part e@n D2-strict o@a o2-acre par ei 1, t d at the northeast corner of South Plaza Trail and North Donnawood Drive (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. ITEM II H. PLANNING (Cont'd) 5. Application of Jean P. Frenck for a change of zoning from A-1 Apartment District to 0-1 Office District on a 1.2-acre parcel located at the northeast corner of Taft Avenue and Holland Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 6. Applications of Gloria H. Davis for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a 36.19-acre parcel into three parcels; AND, a conditional use permit for three single-family dwellinqs in the AG-1 Agricultural District on a 36.19-acre parcel located along the south side of Drum Point Road, east of Muddy Creek Road (Pungo Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial of both applications. 7. Application of Floyd Swartz, William H. Barba and James L. Milliqan for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning ordinance. The applicants wish to resubdivide three existing parcels, totalling 15,360-square feet, into one lot. The parcels are located along the south side of Lakeview Drive, southwest of Bromfield Avenue (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. Ordinance to amend and reordain Section 5.8 (c) of the Subdivision Ordinance of the Code of the City of Virginia Beach, Virginia, pertaining to developer fees for fire hydrants. a. Letter from the City Manager transmits the recommendation of the Planninq Commission for approval. I. UNFINISHED BUSINESS 1. "Final Report to the Virginia Beach City Council from the Air Cushion Vehicle Advisory Committee Concerning the LACV-30 and the LCAC" J. NEW BUSINESS 1. Request for reconsideration of Edward Garcia of a condition imposed by Council on a change of zoning approved December 18, 1978 (Sunstream Park) K. ADJOURNMENT 1. Motion to adjourn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 24, 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 24, 1983, at Five Thirty 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, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. Note: Councilman Jones entered the meeting at 5:39 p.m. Councilman McCoy was attending the Annual Meeting of TRT. October 24, 1983 - 2 - ITEM # 20806 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL 14ATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Vice Mayor Henley, seconded by Councilman Jennings, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 -3- M A T T E R S B Y M A Y 0 R / V I C E M A Y 0 R MAYOR'S AD HOC ADVISORY COMMITTEE ON AIR CUSHION VEHICLES ITEM # 20807 Mayor Jones expressed his desire to present a Resolution in Gratitude to members of the Mayor's Ad Hoc Advisory Committee on Air Cushion Vehicles (see "Unfinished Business" - Formal Agenda). CITY FUNCTIONS ATTENDED BY COUNCIL MEMBERS TTEM # 20808 Mayor Jones expressed his gratitude to Council Members for their attendance at City-wide functions on behalf of the City during the month of September. September 02 - Vice Mayor Barbara Henley and Councilman Henry McCoy attended the Briefing by Dreelin Development regarding land development in Virginia. September 09 - Vice Mayor Barbara Henley presented a Proclamation and extended greetings to the Sickle Cell Anemia Conference held at the Holiday Inn-Newtown. September 10 - Councilwoman Meyera Oberndorf attended the Little Miss Philippines Pageant held at the Pavilion. September 11 - The Hampton Roads Chapter of Retired Officers Association held its annual picriic at Fort Story. It was attended by Council Members Robert Jones, Reba McClanan and Meyera Oberndorf. September 13 - Vice Mayor Henley represented the City at the Four Cities United Way Annual Campaign Kickoff at Norfolk Scope; and, in the evening, she welcomed to Virginia Beach the Arnerican Public Welfare Association Conference at the Cavalier. September 17 - The King Neptune Ball was attended by Vice Mayor Barbara Henley and Council Members Nancy Creech, Harold Heischober, Jack Jennings, Robert Jones, Reba McClanan, and Henry McCoy. September 30 - The Neptune Festival Prayer Breakfast was attended by Council Members Nancy Creech, Harold Heischober, and Jack Jennings. The Neptune Festival Parade was attended by Vice Mayor Barbara Henley and Council Members Nancy Creech, Harold Heischober, Jack Jennings, Reba McClanan, Henry McCoy, and Meyera Oberndorf. BRIEFING - PD-H 2 OVERLAY ITEM # 20809 Vice Mayor Henley questioned the time for the Briefing on PD-H 2 Overlay to be held November 7, 1983. Unless the City Manager deems it necessary to allow additional time for the Briefing, it will begin at 12:30 p.m. as previously scheduled. October 24, 1983 -4- M A T T E R S B Y C 0 U N C I L FLOOD PLAINS ITEM # 20810 Councilman Baum requested the Staff prepare a Topography Map indicating pre- existing and existing conditions in the area of Salem Canal and Providence and Elbow Roads. He also requested a map showing flood plains, watersheds and canals throughout the City. Particular emphasis was placed on the area being developed north of Recreation Drive and the rezoning request to be heard by the Planning Commission next month (on the south side of Recreation Drive). Mr. Baum stated he would be sending correspondence re- garding the flood plain issue to Council Members later in the week. Regarding flood plains, Vice Mayor Henley questioned whether the City has a track record on how the retention ponds are working. She requested advice on the Pembroke area (Pembroke Lake). BEAUTIFICATION RECOGNITION ITEM # 20811 Councilman Jennings suggested recognition be given to Mr. Lee Gifford for his efforts in beautifying his property at Haygood Shopping Center. It was noted that he has received beautification awards in the past. Mayor Jones stated the Beautification Commission should be contacted regarding Councilman Jennings' suggestion. LAND USEAGE/OCEANA ITEM # 20812 Councilwoman Creech requested the City Manager prepare a report on the best use of land recently acquired by the United States Navy in the Owls Creek area. Said property was acquired in Fee Simple. The City has the option of leasing this property for a nominal fee. Councilman Robert Jones stated he had received a letter from Attorney Grover Wright in recent weeks suggesting the City take a look at the land around Owls Creek. City Manager Muehlenbeck stated he had responded to a letter from Captain Tinker at Oceana requesting the City be given an opportunity to discuss leasing the property in question. October 24, 1983 -5- M A T T E R S B Y C I T Y M A N A G E R LEGISLATIVE PACKAGE ITEM # 20813 Regarding the 1984 Legislative Package, the City Manager presented alterna- tives for presenting same to City Council and State Legislators (outlined in his letter dated October 24, 1983 which is hereby made a part of the record). Councilman Jennings expressed his appreciation to the City Manager for his approach to the situation. Per Councilman Robert Jones' suggestion, the Staff will prepare a preliminary list for the Legislative Package to be discussed by Council on November 7, 1983. URBAN COUNT PROGRAM/ DEPARTMENT OF HIGHWAYS AND TRANSPORTATTON ITEM # 20814 Councilwoman Oberndorf stated Delegate Owen Pickett's desire that Council support the issue of reinstating funding to the Department of Highways and Transportation regarding the Urban Count Program (traffic count). INTERIM FINANCIAL STATEMENTS ITEM # 20815 Director of Finance Giles G. Dodd answered questions by Council Members on Interim Financial Statements for the period July 1, 1983 through September 30, 1983 (hereby made a part of the record). SANDBRIDGE BEACH ITEM # 20816 Councilman Baum expressed concern about Sandbridge Beach residents requesting financial assistance regarding sand replenishment due to beach erosion. His concern was based primarily on the fact that Sandbridge Beach was considered .,private" by its residents at one time; consequently, whether it is now a "private" or "public" beach is questionable. The City Manager stated the Army Corps of Engineers would make that determination. October 24, 1983 -6- M A T T E R S B Y C I T Y M A N A G E R (continued) REFUSE TRANSFER STATION TRUCK TRACTOR ITEM # 20817 Councilman Heischober questioned whether the truck tractor (for which funds in the amount of $51,999 will be transferred within the Department of Public Works) for the Refuse Transfer Station would be used full time, to which Public Works Director C. Oral Lambert replied in the affirmative. Discussion followed. BIKEWAY/LAKE SMITH PROJECT ITEM # 20818 Referring to the circular site map for the Lake Smith water/sewer/street improvements project, Councilman Jennings requested the City Manager review the possibility of a bikeway being initiated on the vacated portion along the Southern Railway (north side of Northampton Boulevard). RUNNYMEDE CORPORATION ITEM # 20819 City Manager Muehlenbeck stated the Staff had requested a two-week deferral on the street closure (portion of Cleveland Street) in the petition of Runnymede Corporation; however, the Staff further requested a three-week deferral to November 14, 1983. PROPOSED BAXTER ROAD RELOCATION ITEM # 20820 Councilman McCoy wrote a letter to the City Manager requesting no action be taken on the issue of Baxter Road (ordinance to amend the Master Street and Highway Plan dated December 16, 1974 -- widening Independence Boulevard and relocating Baxter Road). His request also included the matter not being referred back to the Planning Commission as had been recommended. The Public Heoring on the matter is scheduled for the Formal Agenda. Councilman McCoy re@uested the Ordinance be placed on the November 7, 1983, Agenda for Council's co sideration. COZ/GARCIA/SUNSTREAM PARK ITEM # 20821 Councilman McCoy wrote a letter to the City Manager requesting no action be taken on the requested reconsideration of Edward Garcia for a condition imposed by Council on a change of zoning approved December 18, 1978 (Sunstream Park). He requested the reconsideration be placed on the November 7, 1983, Agenda. SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION ITEM # 20822 Mayor Jones extended congratulations to Councilwoman Oberndorf for her re- election as Chairman of the Southeastern Virginia Planning District Commission. October 24, 1983 - 7 - RECESS INTO EXECUTIVE SESSION ITEM # 20823 City Council recessed into EXECUTIVE SESSION at Six-Eighteen in the afternoon. October 24, 1983 -8- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 24, 1983 7:00 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr. INVOCATION: Reverend Edmond A. McLeod, D. Min. Kings Gran" Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 24, 1983 -9- Item IT-D.1 MINUTES ITEM # 20824 Upon motion by Councilwoman Creech, seconded by Councilman Robert Jones, City Council APPROVED the Minutes of October 17, 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, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. October 24, 1983 -10- Item II-E.1 PRESENTATION ITEM # 20825 Mayor Jones presented MARY ELLEN KERWIN with a Resolution in Recognition for her many talents and dedicated service to the needs of handicapped persons, both as a professional and as a volunteer. Item II-E.2 PRESENTATION 1TEM # 20826 Mayor Jones presented a Resolution in Recognition to CHAPTER TWENTY, DISABLED AMERICAN VETERANS, for their long and distinguished record of achievement in serving handicapped persons in the City. Accepting the Resolution, on behalf of Commander Joseph Paul Schrank, USN Retired, Chairman, Chapter Twenty, Special Service Committee, Disabled American Veterans, were Frank Pioprowski and Emmett H. Allen. October 24, 1983 Item II-F.1 PUBLIC HEARING ITEM # 20827 Mayor Jones declared a Public Hearing for an amendment to the Master Street and Highway Plan (dated December 16, 1974) for the widening of Independence Boulevard and relocation of Baxter Road. (This Hearing was scheduled on September 26, 1983.) Traffic Engineer John Herzke gave a graphic presentation depicting the alternatives available to the City in resolving the traffic problem that exists at the intersection of Baxter Road and Independence Boulevard. Speakers: George Freeman (presented a design map which is hereby made a part of the record) Fred Kober, President, Christopher Companies Allan Power, representing property owners on Kinner Lane and Independence Boulevard Jack Walters, private landowner at Kempsville Lakes M. L. Waranch, Larkspur resident David Winiker, representing Larkspur Civic League and George R. Schell (presented letter from Schell Supply Corporation, Baxter Road, which is hereby made a part of the record) Rae LeSesne, representing Ridglea Civic League The Ordinance of Arnendment will be placed on the November 7, 1983, Formal Agenda for City Council's consideration. Mayor Jones closed the Public Hearing. October 24, 1983 -12- Item II-G CONSENT AGENDA ITEM # 20828 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED, in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the CONSENT AGENDA. 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, W. H. Kitchin, Ill, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 -13- Ttem TI-G.1 CONSENT AGENDA ITEM # 20829 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED a Resolution in Recognition Lo MARY ELLEN KERWIN. 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, W. H. Kitchin, III, Reba S. McGlanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 RESOLUTION IN RECOGNITION WHEREAS: The City Council, being the governing body of the City of Virginia Beach, pauses today to recognize M A R Y E L L E N K E R W I N for her many talents and dedicated service to the needs of handicapped persons, both as a Professional and as a Volunteer; and, WHEREAS: Her career began when she was appointed special education teacher for the Portsmouth school system. Her responsibili- ties there included work with the educable mentally retarded, the trainable mentally retarded, handicapped pre-school children and the multi-handicapped. She is now serving a third year as Program Assistant in Special Education for the Virginia Beach City Schools. In her present position she supervises the Pre-school Handicapped Program, the Multi-Handicapped and Physically Handicapped Program, the occupational and Physical Therapy Program and the Visually Impaired Program. For the past ten years, Mrs. Kerwin has been associated with the Virginia Special Olympics. Her initial involvement was at the local level and now she is involved also at the regional, state and national levels. She is presently serving as Area II Coordinator for a fifth year. Area II embraces the southeastern part of the state. Her responsibilities include fund-raising and public relations as well as the planning, coordination and supervision of the Special Olympic games. She also recruits and organizes volunteers from various civic organizations to provide support and assistance for the Olympic games--including the Civitan Clubs, Kiwanis, Jaycees, Knights of Columbus and others. Mrs. Kerwin works cooperatively with the Mental Health and Mental Retardation Services Board, as well as the Association for Retarded Citizens to provide athletic opportunities for handicapped individuals. As Area II Coordinator, she serves eighteen localities, including more than six thousand mentally retarded persons between the ages of eight and eighty. Mrs. Kerwin spends many, many hours traveling and attending meetings throughout the Commonwealth. Since her appointment as Area 11 Coordi- nator, there has been a steady increase in the number of persons from Southeastern Virginia participating in the athletic competitions. NOW, THEREFORE, BE IT RESOLVED-. That the Virginia Beach City Council publicly recognizes Mrs. Kerwin as a dedicated, tireless profes- sional Volunteer whose contribution to the City is beyond measure and which brings much pleasure and satisfaction to our handicapped citizens. BE IT FURTHER RESOLVED: That the Clerk of Council is hereby directed to frame this Resolution for presentation and to spread a copy upon the proceedings of this Formal Session of City Council in the City of Virqinia Beach this Twenty-Fourth day of October, Nineteen Hundred Eighty-Three. Given ander my hand and seal, Mayor October 24, 1983 Item II-G.2 CONSENT AGENDA ITEM # 20830 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED a Resolution in Recognition to the DISABLED AMERICAN VETERANS, VIRGINTA BEACR CHAPTER TWENTY. 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, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 -16- RESOLUTION IN RECOGNITION WHEREAS: The City Council, being the governing body of the City of Virginia Beach, pauses today to recognize: CHAPTER TWENTY, DISABLED AMERICAN VETERANS for their long and distincjuished record of achievement in serving handi- capped persons in the City; and, WHEREAS: Though its primary mandate is to meet the special needs of disabled veterans, Chapter 20, DAV, has not limited its interest and concern but has been conscientious in providing assistance to handicapped persons generally. its programs of service to the Veterans Administration Hospital in Hampton, as well as to many other health care institutions, have been outstanding--especially in providing entertainment for patients and the donation of books and magazines. Of particular distinction has been Chapter 20's donation and placement of handicapped parking signs at various locations throughout the City. t4ore than 150 of these signs have been placed--at business establish- ments, military installations and other government facilities. DAV Chapter 20 members have been instrumental in encouraging the posting.of handicapped siqns at various gasoline stations, permitting handicapped persons to receive 'full service' at the "self-service" price. Chapter 20 has conducted an extensive and effective public relations campaign, encouraging members of the general public to respect the signs and to leave designated parking spaces for their intended use. Chapter 20 is noted for its continuing concern for the disabled and their particular needs. The members are on the alert to discover policies and projects that discriminate against the handicapped and are diligent in alerting the public to situations that require remedy. NOW, THEREFORE, BE IT RESOLVED: That the Clerk of Council be directed to frame this Resolution for presentation to Commander Joseph Paul Schrank, USN Ret. Chairman, Chapter 20 Special Service Committee Disabled American Veterans with a copy to be spread upon the Kinutes of this Formal Session of virginia Beach City Council on this Twenty-Fourth day of October, Nineteen Hundred Eighty-Three. Given under my hand and seal, Mayor October 24, 1983 -17- Item II-G.3 CONSENT AGENDA ITEM # 20831 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED a Resolution requesting the Virginia Department of Highways and Transportation to do all title and legal work, appraise the rights-of-way for Virginia Beach Boulevard, and to handle relocation assistance, if any. 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, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the City Hall Building, on the 24 day of October 1983. On motion by Councilwoman Oberndorf and seconded by Councilwoman Creech the foll3wln-g Resolution was adop e R E S 0 L U T I 0 N WHEREAS, an ordinance adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of Januaryr 1979, authorized the acquisition of property in fee simple for right-of-way for Virginia Beach Boulevard; and WHEREAS, the Virginia Department of Highways and Transportation will undertake to do the necessary title and legal work, to appraise the rights-of-way and handle relocation .- assistance, if any, for the aforesaid project upon authority to do so from the City of Virginia Beach; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Virginia Beach hereby requests the Virginia Department of Highways and Transportation to do all title and legal work, appraise the rights-of-way for Virginia Beach Boulevard, #0058-134-101, RW-202, C-502, and to handle relocation assistance, if any, for the aforesaid project. Adopted by the Council of the City of Virginia Beach, Virginia, on October 24, 1983 JAR/re 10/18/83 October 24, 1983 -19- Item II-G.4 CONSENT AGENDA ITEM # 20832 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to amend and reordain Chapter 26 of the Code of the City of Virginia Beach, Virginia, pertaining to peddlers and solicitors. 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, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 -20- AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PEDDLERS AND SOLICITORS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 26 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained as follows. Section 26-1. Violations of chapter generally. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class I misdemeanor. Section 26-2. Reserved. whobseever7 Section 26-3. Peddling or soliciting on or in public greands parks or buildings. It shall be unlawful for any person to sell, solicit or take orders for goods, wares, merchandise, adb9eript+ena-to October 24, 1983 -21- magarinesT publications, phetecjralghg-er foods, prepackaged or otherwiSe, or any service or commodity whatsoever, on any public grounds park, on the grounds of the city municipal complex, or in any city owned or leased building, without obtaining a permit from the city manager. Such permit shall be granted or denied in the reasonable discretion of the city manager based upon the public health, safety and welfare, and the public convenience and necessity. Such permit shall be in addition to any other permit required by this chapter. Sections 26-4--26-15. Reserved. Section 26-16. aneel5tiOns-frOm-art-ieler Reserved. the-eity@ Section 26-17. General Restrictions. It shall be unlawful for any person sellinq, soliciting or taking orders pursuant to a permit issued under this article to solicit, sell or take orders by using any lead-or-beleteLeas lanquageT-or-by-making-any-anneeessery-na+sesT-advaneee-or setion7 unreasonably loud or disturbing or unnecessary noise or language of such character, intensity or duration as to disturb or annoy the guiet, comfort or repose of any person or , or by touching or interfering with the person or freedom of prospective customers or passersby. er-otherwise than-in-a-qttiet-and-proper-mannerr In no event shall such person so selling, soliciting or taking orders interfere in any manner with the orderly flow of pedestrian and vehicular trafffic. October 24, 1983 -2- -22- Section 26-18. Responsibility and liability of employers of solicitors. Any person who employs others to sell, solicit or take orders under a permit issued under this article, as well as the employer of a group of persons selling, soliciting or taking orders without a permit, shall be held responsible and liable for the acts of his employees and shall be deemed in violation of this article in the same manner as though he were the actual employee in question. Sections 26-19--26-25. Reserved Section 26-26. Permit required. a. It shall be unlawful for any person to engage in soliciting, selling or taking orders for goods, wares, merchandise, publications, any article for future delivery, or any service or commodity whatsoever, on the public streets, ways, lanes or alleys or in any other public place adjacent to the same, or frem-house-te-houseT upon the premises of any private residence or apartment house not having been requested or invited to do so by the owner or occupant thereof, in the city, unless he has a current permit so to do from the city manager. b. The requirements of this section shall not apply to those who sell or offer for sale in person or by their employees ice, wood, charcoal, meats, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruits or other family supplies of a perishable nature or farm products grown or produced by them and not purchased by them for sale; persons licensed by the state under Title 38.1 of the Code of Virginia (1950), as amended; such activities when they are conducted on behalf of a nonprofit charitable, civic or religious organization; outdoor sales and exchanges which occur as an incidental part of the retail sales activity of a merchant regularly conducting business from a permanent building where such sales are conducted on the premises of the building and in close proximity to said building; occasional -3- October 24 1983 -23- garage sales in residential areas; sales made at flea markets duly licensed by the city; or sales by vholesale merchants to. retail merchants or industrial or commercial establishments. Section 26-27. Filing and contents of application. Any person desiring a permit required by this division shall make application therefor to the city manager, which application shall show: (1) The name and address of the applicant and of each employee who will operate under the permit; (2) The name and address of the firm or corporation which such applicant represents; (3) The kind of goods, wares or merchandise offered for sale; (4) Whether such applicant, upon any order obtained, will demand, accept or receive payment or deposit of money in advance of final delivery; (5) The period of time during which such applicant wishes to solicit, sell and take orders in the city. Section 26-28. Applicant's references. Any application filed under this division shall be accompanied by two (2) written personal references on behalf of the applicant. Section 26-29. Filing of fingerprints of applicant and employees. Any person filing an application under this division and/2r his employees may be required to file his/their fingerprints with the city manager. Section 26-30. Photographs of applicant and employees required. An application filed under this division shall be accompanied by two (2) satisfactory photographs of the applicant and of each employee. One of such photographs shall be disposed -4- October 24, 1983 -24- of as provided in section 26-35 and the other shall be retained by the city manager. Section 26-31. Applicant's bond. If the application filed under this division shows that the applicant in question will receive, demand or accept payment or deposit of money in advance of final delivery of goods, wares, merchandise or articles sold or magazines, photographs or other articles, such application shall be accompained by a bond in the penal sum of fire-hdndred-deiiars-+$5GOTGO@ one thousand dollars ($1,000.00), executed by the applicant as principal and a surety company licensed to do business as such in the state, such surety to be approved by the city manager. Such bond shall be conditioned upon the making of final delivery of such goodsr,- wares, merchandise, magazines, photographs or other articles in accordance with the terms of the orders obtained. Such bond shall be for the use and benefit of all persons paying in advance or making an advance deposit on the purchase price of such orders and the terms of such bond shall so stipulate. Section 26-32. Fee. An application filed under this division shall be accompanied by a fee of twenty dollars ($20.00). Such fee shall be for the purpose of covering investigation costs and is not to be returned to the applicant if a permit is refused. Section 26-33. Not-to-be-issued-for-fifteen-daygr Investigation. No permit required by this division shall be issued until determined-neeessaryT an investigation is made by the city manager or his designated representative into the character, reputation, and criminal record of the applicant and his -5- October 24, 1983 -25- employees. Such investigation shall take place during a reasonable period of time. If such investigation is to exceed a period of fifteen (15) days, the city manager shall provide the applicant with a written statement specifying the reasons for the delay in acting upon the application. Section 26-34. Denial. The city manager may refuse to issue a permit applied for under this divsion to any person who has been convicted of a felony, a crime of moral turpitude, or a crime involving fraud or misrepresentation, or to any person who employs a person who has been convicted of a felony, a crime of moral turpitude, or a crime involving fraudulent practices or misrepresentation. Section 26-35. Permittee's and,:mg!oyee's registration or identification r (a) Upon the issuance of a permit under this division, there shall be issued to the holder of such permit and to each of his employees a registration or identification card. A photograph of the permitteel person to whom the card is issued as referred to in section 26-30, shall be attached to such registration or identification card. A fee of $5.00 shall be charged for the issuance of each identification or registration card. (b) Each person selling, soliciting or taking orders pursuant to a permit issued under this division shall, while so engaged in such soliciting, selling or taking such orders, carry with him the registration or identification card issued under this section. It shall be the duty of such person to exhibit such card when so requested by any pers6n. Section 26-36. Maximum term. No permit required by this division shall be issued for a longer period than twelve (12) months. October 24, 1983 -6- -26- Section 26-37. Revocation. The city manager may, because of any fraudulent practice, misrepresentation, violation of the provisions of this article, violation of any other applicable law whatsoever or deviation from the method or plan of solicitation described in the application in question, revoke a permit issued under this division. Such revocation shall result in the invalidation of the registration or identification card or cards issued pursuant to section 26-35. Section 26-38. Compliance with other laws, NOthing herein shall exempt any person conducting,an activity of the type described herein from the requirements of section 13-36 et seg., section 33-6 or any other applicable. provision of the law. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of October 1983. MES/re 6/2 3/83 9/13/8 3 (F) -7- October 24, 1983 -27- Item II-G.5 CONSENT AGENDA ITEM # 20833 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED, on FIRST READING, an Ordinance to appropriate an amount of $30,000 to the Ocean Park Volunteer Rescue Squad, Inc. for the purchase of a new ambulance. 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, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 -28- AN ORDINANCE TO APPROPRIATE AN AMOUNT OF $30,000 TO THE OCEAN PARK VOLUNTEER RESCUE SQUAD, INC. FOR THE PURCHASE OF A NEW AMBULANCE WHEREAS, the Ocean Park Volunteer Rescue Squad, Inc., has identified the need to replace an ambulance; and WHEREAS, a new ambulance which will better serve the needs of the citizens within the service area will cost approximato-ly $30,000; and WHEREAS, the Ocean Park Volunteer Rescue Squad, Inc., has requested of City Council $30,000 for this purpose and 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, VIRGINIA: That funds be appropriated from the General Fund Balance for an allocation in the amount of $30,000 to the Ocean Park Voiunteer Rescue Squad, Inc., for the purchase of an ambulance. lt is anticipated that these funds will be repaid on the following schedule: July 1, 1984 $ 2,500 January 1, 1986 $ 7,500 January 1, 1985 2,500 July 1, 1986 7,500 July 1, 1985 2,500 January 1, 1987 7,500 Tio,ooo This ordinance shall be in effect from the date of its adoption. FIRST READING: October 24, 1983 SECOND READING: ADOPTED: October 24, 1983 -29- Item II-G.6 CONSENT AGENDA ITEM # 20834 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to transfer funds of $13,500 from the General Fund Reserve for Contingencies for membership in Public Technologies, Iricorporated (PTI). 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, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 -30- AN ORDINANCE TO TRANSFER FUNDS OF $13,500 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR MEMBERSHIP IN PUBLIC TECHNOLOGIES, INCORPORATED (PTI) WHEREAS, Public Technologies, Incorporated, is a cooperative research, development, and technology-sharing organization; and WHEREAS, the City of Virginia Beach would benefit from the technological research developed through PTI such as revenue and expenditure forecasting models and other services and products offered through PTI, at reduced costs; and WHEREAS, PTI membership for Virginia Beach would cost $13,500 and the necessary funding may be transferred from the General Fund Reserve for Contingencies; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds of $13,500 be transferred from the General Fund Reserve for Contingencies to the Municipal Council operating budget for City membership in PTI. Adopted by the City Council of the City of Virginia Beach, Virginia, on the -24th day of October 1983. October 24, 1983 -31- Item 11-G.7 CONSENT AGENDA ITEM # 20835 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to transfer funds of $51,999 within the Department of Public Works for a truck tractor for the Refuse Transfer Station. 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, W. H. Kitchin, ITI, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 -32- AN ORDINANCE TO TRANFER FUNDS OF $51,999 WITHIN THE DEPARTMENT OF PUBLIC WORKS FOR A TRUCK TRACTOR FOR THE REFUSE TRANSFER STATION WHEREAS, the Refuse Transfer station is experiencing at peak periods a turnaround time for collection vehicles of over one hour, and WHEREAS, this delay in refuse operations is estimated to cost the city over $1800 per day in personnel costs related to the collection crews and additional overtime costs related to transfer station employees who must clean-out the station at the end of the day, and WHEREAS, the Department of Public Works is requesting an additional truck tractor for the operation in order to reduce the turnaround time to approximately fifteen minutes at peak time and minimize overtime needs, and WHEREAS, the cost of a new truck tractor is $51,999 and the funding is available by transfer within the operating budget of the Transfer Station. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $51,999 are hereby transferred within the Department of Public Works, Transfer Station budget from City Garage charges to Capital outlay in order for the Transfer Station to purchase an additional truck tractor for its operation. AdoDted by Council of the City of Virginia Beach on the 24th day of October I 19 83 . ArPROVED AS TO CONTENI SIC'@'IATJRL DEPARTmrNT A A:. Tp F,4!' C; f" October 24, 1983 -33- Item 11-G.8 CONSENT AGENDA ITEM # 20836 Upon motion by Councilwoman Oberndorf, seconded by Gouncilwoman Creech, City Council ADOPTED an Ordinance to authorize acquisition of property in Fee Simple for right-of-way for the Lake Smith Sewer/Water/Street Improvements Project and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. 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, W. H. Kitchin, IIT, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 -34- AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR THE LAKE SMITH SEWER/WATER/STREET IMPROVEMENTS PROJECT 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 roadway to provide transportation 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 plans entitled, Lake Smith Sewer/Water/Street Improvements Project C.I.P. Nos. 6-830, 5-838 and 2-944, these plans 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 24 day of October 19 83 APPROVED AS TO C,.)NTENT DSH/sm CER 9/1 3/83 (9) D,PA'Til@@T APPROVED AS TO FQRM Date -35- Item II-C.9 CONSENT AGENDA ITEM # 20837 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED a Raffle Permit for Brookwood Elementary School P.T.A. 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, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 -36- Item II-G.10 CONSENT AGENDA ITEM # 20838 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED the following State-Local Hospitalization Contracts: 1982-83 1983-84 TJniversity of Virginia Hospital $270.76 $316.19 Community Mental Health Center and Psychiatric Hospital $234.80 $264.60 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, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and J. Henry McCoy, Jr., D.D.S. October 24, 1983 -37- Item II-H.1 PLANNING ITEM # 20839 Judith Mulcahey represented the applicant. Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of INDIAN LAKES FOUNDATION HOMEOWNERS ASSOCIATION for the vacation of a 20-foot pedestrian access easement per the following: ORDINANCE UPON APPLICATION OF INDIAN LAKES FOUNDATION HOMEOWNERS ASSOCIATION FOR THE VACATION OF A 20-FOOT PEDESTRIAN ACCESS EASEMENT BE IT ORDAINED BY THE COUNCIL OE THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Indian Lakes Foundation Homeowners Association for the vacation of a 20-foot pedestrian access easement along and adjacent to the rear and side block lines for the use of the homeowners of "Indian Lakes Section F-2, Parts 1, 2 and 3" and is not for the use of the general public. The aforesaid area is for maintenance and access. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. The following condition will be met: 1. Retention of drainage and utili.ty easements over those areas proposed to be vacated. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Fourth day of October, Nineteen Hundred, @g Three. 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, 111, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. October 24, 1983 -38- Item II-H.2 PLANNTNG TTEM # 20840 Rae LeSesne spoke in opposition to the application. Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council DEFERRED for three weeks (to November 14, 1983) the application of RUNNYMEDE CORPORATION for a street closure. The City Manager was directed to notify businesses operating along Cleveland Street of the rescheduled hearing. This matter was previously deferred for two weeks on October 10, 1983. ORDINANCE UPON APPLICATION OF THE RUNNYMEDE CORPORATION FOR THE DISCONTINUANCE, CLOSLTRE AND ABANDONMENT OF A PORTION OF CLEVELAND STREET Ordinance upon application of the Runnymede Corporation for the discontinuance, closure and abandonment of a portion of Cleveland Street beginning at the southwest intersection with Clearfield Avenue, running a distance of 965.14 feet along the southern property line, running a distance of 66.65 feet along the western property line, running a distance of 1038.41 feet along the northern property line and running a distance of 60 feet along the eastern property line. Said parcel contains 1.36 acres. BAYSIDE BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, TII, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. and Robert G. Jones October 24, 1983 -39- Item II-H.3 PLANNING ITE24 # 20841 Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council voted to WITHDRAW an Ordinance upon application of HICKORY CORPORATION for a Change of Zoning per the recommendation of the Planning Commission. ORDINANCE UPON APPLICATION OF HICKORY CORPORATION FOR A CHANGE OF ZONING FROM B-2 TO A-1 Ordiriance upon application of Hickory Corporation for a Change of Zoni.ng District Classification from B-2 Communi.ty-Business District to A-1 Apartment District on certain property located at a point beginning 408 feet more or less south of the intersection of Great Neck Road and First Colonial Road on the northeast side of First Colonial Road, running a distance of 442.48 feet in a northerly direction con- tinuing a distance of 534.68 feet in a north- westerly direction for a total of 2,282.08 feet along the western boundary line, running a distance of 471.55 feet in a northeasterly direction, continuing for a distance of 220.45 feet for a total of 1,163.55 feet along the northern boundary line, running a distance of 1,305.64 feet in a southerly direction, continuing for a distance of 447.57 feet in a southwesterly direction for a total distance of 1,753.21 feet along the eastern boundary line, running a distance of 200 feet more or less along the southern boundary line which borders First Colonial Road, Said parcel con- tains 10.961 acres. LYNNHAVEN BOROUGH. 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, Ill, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. October 24, 1983 -40- Item II-H.4 PLANNING ITEM # 20842 Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council DENIED an Ordinance upon application of SOUTH PLAZA TRAIL COMMER- CIAL INVESTMENT GROUP for a Change of Zoning from B-2 to A-1 per the following: ORDINANCE UPON APPLICATION OF SOUTH PLAZA TRAIL COMMERCTAL INVESTMENT GROUP FOR A CBANGE OF ZONING FROM B-2 TO A-1 Ordinance upon application of South Plaza Trail Commercial Investment Group for a Change of Zoning District Classification from B-2 dommunity- Business District to A-1 Apartment District on certain property located on the northeast corner of South Plaza Trail and North Donnawood Drive, running a distance of 373.02 feet in an easterly direction along the southern property line and the northern side of South Plaza Trail, running a distance of 230 feet in a northerly direction along the eastern property line, runni.ng a distance of 383.02 feet in a westerly direction along the northern property line, running a distance of 220 feet in a southerly direction along the western property line and the east side of Donnawood Drive. Said parcel contains 2.02 acres. LYNNHAVEN BOROUGH. 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, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. October 24, 1983 Item II-R.5 PLANNING ITEM # 20843 Richard Bowie of Talbot and Associates represented the applicant. Upon motion by Councilwoman McClanan, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of JEAN P. FRENCK for a Change of Zoning from A-1 to 0-1 per the following: ORDINANCE UPON APPLICATION OF JEAN P. FRENCK FOR A CHANCE OF ZONING FROM A-1 TO 0-1 Z01083762 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Jean P. Frenck for a Change of Zoning District Classification from A-1 Apartment District to 0-1 office District an certain property located on the northeast corner of Taft Avenue and Holland Road on Lots 1 through 20, Block 2, of Pecan Gardens. Said parcel contains 1.2 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 nt - ourth day of October, Nineteen Hundred, Eighty-Three. 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, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. October 24, 1983 -42- ltem II-H.6 PLANNING ITEM # 20844 The City Clerk made reference to a letter dated October 13, 1983, from Attorney Grover C. Wright, Jr. requesting the applications of Gloria H. Davis be sent back to the Planning Commission due to a newly prepared Subdivision Plat. Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Council REFERRED BACK TO THE PLANNING COMMISSION applications of GLORIA H. DAVIS for a variance AND a Conditional ljse Permit per the following: Appeal from decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Gloria H. Davis. Property located on the south side of Drum Point Road, 736-67 feet east of Muddy Creek Road. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. AND, ORDINANCE UPON APPLICATION OF GLORIA H. DAVIS FOR A CONDITIONAL USE PERMIT FOR THREE SINGLE FAMILY DWELLINGS Ordinance upon application of Gloria H. Davis for a Conditional Use,Permit for three single- family dwellings in AG-1 Agricultural District on certain property located along the south side of Drum Point Road, running a distance of 736.67 feet east of Muddy Creek Road, running in an easterly direction along the south side of Drum Poirit Road a distance of 448.37 feet, running in a southerly direction a distance of 577.93 feet, running in an easterly direction a distance of 345.91 feet, running in a southerly direction a distance of 756.13 feet, running in a westerly direction a distance of 84.18 feet, running in a southerly direction a distance of 1,514.9 feet, running in a westerly direction a distance of 420.22 feet, running in a northwesterly direction a distance of 267.64 feet, running in a northerly direction a distance of 2,579.33 feet. Said parcel con- tains 36.19 acres. PUNGO BOROUGH. October 24, 1983 -43- Item II-H.6 PLANNING ITEM # 20844 (continued) 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, 111, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. October 24, 1983 -44- Item II-H.7 PLANNING ITEM # 20845 Attorney Carrollyn Cox represented the applicants. Attorney Carlton Bennett represented area residents in opposition. Dora Mullens, area resident, spoke in opposition. A motion was made by Councilman Robert Jones, seconded by Vice Mayor Henley, to DENY the application of FLOYD SWARTZ, WILLIAM H. BARBA AND JAMES L. MILLIGAN for a variance to Section 4.4(b) of the Subdivision Ordinance. A substitute motion was made by Councilman Heischober, seconded by Councilwoman Creech, to APPROVE the referenced application. Due to a TIE VOTE on both the motion to approve and the motion to deny, the application will be heard November 7, 1983. Appeal from decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Floyd Swartz, William H. Barba, and James L. Milligan. Property located on the southeast side of Lakeview Drive, 1050 feet more or less southwest of Bromfield Avenue. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Voting: 5-5 (SUBSTITUTE MOTION TO APPROVE) Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., and W. H. Kitchin, Ill Council Members Voting Nay: Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S. Voting: 5-5 (MAIN MOTION TO DENY) Council Members Voting Aye: Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., and W. H. Kitchin, III Council Members Absent: J. Henry McCoy, Jr., D.D.S. October 24, 1983 -45- Item II-H.8 PLANNING ITEM # 20846 Upon motion by Councilwoman Creech, seconded by Councilman Heischober, City Council ADOPTED an Ordinance to amend and reordain Section 5.8(c) of the Subdivision Ordinance of the Code of the City of Virginia Beach, Virginia, pertaining to developer fees for fire hydrants. Voting: 10-0 Councl.1 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, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. October 24, 1983 -46- AN ORDINANCE TO AMEND AND REORDAIN SECTION 5.8 (c) OF THE SUBDIVISION ORDINANCE OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DEVELOPER FEES FOR FIRE HYDRANTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5.8 (c) of the Subdivision Ordinance of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 5.8 Water Supply. (c) Fire hydrants shall be installed in the manner and at locations required by the specifications of the Department of Public Utili- ties. Developer shall pay the fees in connection therewith as set forth in Chapter 37 of the Code of the City of Virginia Beach, Virginia. eRe-huRdred de4laps-($4997994-per-hydrant-as-the-f4pst-yearls-hydraRt-reRta4T Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of October 1983. RN/gn 8/29/83 A"R@VED AS TO (F) CITY ATT October 24, 1983 -4 7- Item IT-1.1 tJNFINISHED BTJSINESS TTEM # 20847 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ACCEPTED the "Final Report to the Virginia Beach City Council from the Air Cushion Vehicle Advisory Committee concerning the LACV-30 and the LCAC". Said Report is hereby made a part of the record. Voting: 7-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan Council Members Voting Nay: Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S. October 24, 1983 -4 8- ltem II-1.2 ADD-ON UNFINISHED BUSINESS TTEM # 20848 TJpon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution in Gratitude to members of the MAYOR'S AIR CUSHION VEHICLE ADVISORY COMMITTEE. Presentation of said Resolution will be made at the November 7, 1983, Council meeting. 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. E. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. October 24, 1983 -49- RESOLUTION IN GRATITUDE WHEREAS: The United StateS Army introduced the LACV-30 and the United States Navy the LCAC -- both air cushioned vehicles -- for testing and training operations in the City of Virginia Beach. The noise emanating from these vehicles created a significant problem for citizens and tourists alike. On June 20, 1983, the following were appointed to the MAYOR'S AIR CUSHION VEHICLE ADVISORY COKMITTEE: Tom Aiken Croatan Beach Art Collins Southeastern Virginia Planning District Commission Nancy Goolsby Seagate Colony Walt Grandy FAA, Norfolk Airport/Chesapeake Beach Jim Kaiser North Virqinia Beach Civic League Mel Koch Tourist Bureau Clark Lambert Cape Story By The Sea David B. Oglesby, Jr. Realtor - Developer Darlene Payne Chesapeake Bay Shores Erna Rice South Rudee Shores Civic League Billy Stephenson Cape Story By The Sea Carl Scherrer Harbour Point AND David Grochmal Jack Whitney > City Staff AND Harold Heischober H. Jack Jenninqs > City Council to work with the Army and Navy to resolve public concerns for the air cushioned vehicles; and, WHEREAS: The Advisors have prepared their final report and now feel their original purpose to either eliminate this irritant or mitigate the operatinq procedures resulting in the least difficulty for Virginia Beach residents has been accomplished although their full expectations have not been realized. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses in its deliberations to acknowledge with deepest grati- tude the untold efforts and more than 500 volunteer hours, including two on-site inspections at Panama City, Florida, that have been con- tributed by the members of the Advisory Committee. No words can ade- quately express what this endeavor has or will in the future mean to Virginia Beach. BE IT FURTHER RESOLVED: That the Clerk of Council is directed to prepare this Resolution for each member of the Air Cushioned Vehicle Advisory Committee with a copy to be spread upon the proceedings of the Formal Session of Virginia Beach City Council this Twenty-Fourth day of October, Nineteen Hundred Eighty-Three. Given under my hand and seal, Mayor October 24, 1983 -50- Item II-J.1 NEW BUSINESS ITEM # 20849 Upon motion by Councilwoman Creech, seconded by Councilman Robert Jones, City Council voted to RECONSIDER on November 7, 1983, the request of Edward Garcia of a condition imposed by Council on a Change of Zoning approved December 18, 1978 (Sunstream Park). Voting: 8-2 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, and Reba S. McClanan Members Voting Nay: Vice Mayor Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S. October 24, 1983 -51- ADD-ON ITEM # 20850 Councilwoman Creech gave recognition to the Department of Parks and Recreation for the outstanding job performed in revamping the City Seal on Mount Trashmore at the Norfolk-Virginia Beach Expressway. Originally, the City Seal on Mount Trashinore was designed by Parks and Recreation personnel Richard Branick and Robert Crutchfield (deceased) and constructed in 1978. The Seal is constructed of ceinent and rock. Due to the fact that the Seal had begun sinking into the ground, and because of deterioration due to the elements, it was necessary to re- stabilize the Seal and repaint it. This painstaking work was perfortned by Billy G. Angeroth, General Superintendent, with in-house personnel. A new addition was made at the tiine the Seal was "reworked" -- a light fixture was placed in the lighthouse within the City Seal, thus creating a rnarvelous effect. October 24, 1983 -5 2- Item II-K.1 ADJOURNMENT ITEM 20851 By consensus, City Council adjourned the meeting at Nine Forty-Eight in the evening. Joan M. Keith Deputy City Clerk R@th Hodges Sr-nith, CMC Mayor City Clerk City of Virginia Beach Virginia /jk October 24, 1983