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HomeMy WebLinkAboutAUGUST 1, 1983 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOT@IS R. JONES, B.y@id@ B.,..gh VICE-MA YOR BARBARA M. HENLEY, P..g. B.,@.gb 1011,V A. BAliM, B.-.gb NANCY A. (' REECH, Al L.,g@ IIAROLD IIEISCIIOBER, At L.,R@ ii. JACK JENNIN(;S. JR., Ly..h.... B.@.gh ROBERT (;. IONE@@@ A, L,,,g@ W. Ii. KITCffIN, Ill, Vig,.i@ 13@.@b REBA S. M, CLAA;AN, A@.. Bo,..gb 212 CITY HALL BUILDING 1. IIENRY M,COY, JR., KI.P@@ill, fl@1--gh MUNICIPAL CEIYTER MEYERA E. ORERNDORP. At L.,g, VIRGINIA REACH, VIRGINIA 2345(, RUTH HODGES SMITH, CMC, City Cl@lk (804) 427-4 30 3 CITY COUNCIL AGENDA August 1, 1983 Meeting: 9:00 a.m. - Planning Workshop (Recommendations to include Conditional Zoning, Agreements of Voluntary Compliance, and Rezoning Process. ITEM I INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS TNTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSTON OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. matters ifor discussion by Council E. CITY MANAGER'S ADMINISTRATIVE ITEMS,. 1. Water/Sewer Bond Information Committee: Report by Mr. A. J. Chewning, III. 2. Architectural Program for the Central Library: Report by Mr. B. Franklin Hemphill, Library Consultant. 3. Proposed Parking on Atlantic Avenue During Winter Months: Discussion. 4. Task Force for Jobs Bill to Design a Request for Proposal for Day Care Services: Discussion. 5. Overall Land Use Plan for Green Run: Presentation by Mr. Robert J. Scott, Director of Planning Department. 6. Back Bay Committee Workshop Proposed for September 12, 1983: Discussion. 7. Interim Financial Report for June 30, 1983: Discussion by Mr. Giles G. Dodd, Director of Finance Department. 8. CIP Quarterly Status Report for Quarter Ending June 30, 1983 Discussion by Mr. Giles G. Dodd, Director of Finance. 9. Review of Consent Agenda. ITEM II FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Roy N. Wilson Church of Christ, Oceana 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 July 11, 1983. E. RESOLUTIONS 1. Resolution by the Council of the City of Virginia Beach that the Department of Highways and Transpor- tation revise the priorities for construction of the Great Neck Road improvements to provide for immediate construction of Section C-501 to provide relief for the residents of Chelsea and Green Hill Farms. 2. Resolution authorizing the City Manager to install a traffic signal at the intersection of Great Neck Road and Upper Chelsea Reach. 3. Resolution authorizing a Modification to the Design of the North Beach Drainage Project. F. ORDINANCES 1. Ordinance to Amend and Reordan Section 2-81 of the Code of the City of Virginia Beach, Virginia, per- taining to Mandatory Retirement Age. 2. Ordinance to Amend and Reordain Section 2-217.2 of the Code of the City of Virginia Beach, Virginia pertaining to Awarding Contracts. 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 de- sired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution of Appreciation to Russell 0. Siler for his services as Chairman of the Community Services Board. 2. Resolution authorizing the City Manager to execute the required documents transferring and assigning the City of Virginia Beach's interest in such gifts to the Vir- ginia Museum of Marine Sciences Foundation, Inc., to be used specifically for the financial assistance of the Virginia Museum of Marine Sciences. (On February 14, 1983, City Council accepted as gifts interests in Chesapeake Oil and Gas 1980 #7, a limited partnership, and contract rights in three Pennsylvania oil wells owned by Bold Venture, a general partnership. ) ITEM II G. CONSENT AGENDA (Cont'd) 3. Ordinance to Amend and Reordain Chapter 2 of the Code of the City of Virginia Beach by adding a new section relating to amendments of the Annual Budget Ordinance. 4. Ordinance to Provide for the Payment of Worker's Compensation Benefits to Members of the City Council. 5. Ordinance Authorizing Certain Events Conducted on City Property to be Exempt from the Prohibition against working or transacting business on Sunday. 6. Ordinance, on SECOND READING, to accept $2,575,000 from the Department of Housing and Urban Development and to appropriate these funds for certain projects and pur- poses. 7. Ordinance, on FIRST READING, to revise certain revenue estimates and reduce appropriations in the 1983-1984 Fiscal Year Operating Budget. (C,)n,titutional Officers) 8. Ordinance, on FIRST READING, to appropriate funds of $2,000,000 to the School Capital Projects Fund. 9. Ordinance to Transfer Funds of $50,000 from Water and Sewer Fund Reserve for Contingencies to the Water and Sewer Capital Projects Fund for Legal Services as re- quired for the Lake Gaston Water Resource Project. 10. Ordinance to Transfer Funds of $24,000 to Continue Bulk Mailing by the Department of Parks and Recreation. 11. Ordinance to Transfer Capital Project Funds of $44,768 from Project 2-815 Stumpy Lake Drainage to Project 2-812 Oceana N.A.S. Entrance. 12. Ordinance to Transfer Funds within the FY 84 TVASAP Budget to establish twelve full-time permanent positions. 13. Ordinance Authorizing a $45,000 Temporary Cash Advance to the Department of Economic Development. 14. Ordinance to Transfer Capital Project Funds of $111,496 from Project 2-815 Stumpy Lake Drainage to Project 2-997 Indian Lakes Boulevard. 15. Ordinance to Transfer Capital Project Funds of $97,000 between Capital Projects to Provide a Sewer Pump Station for Croatan Beach Area. 16. Ordinance to Transfer Funds of $45,000 within the Depart- ment of Public Works to Provide for the Use of Temporary Labor Services. 17. Ordinance to Authorize a Temporary Encroachment into a portion of the right-of-way of Close Avenue to Ocean Point Properties, Inc., its assigns and successors in title. 18. Ordinance to Authorize a Temporary Encroachment into a portion of the right-of-way Newtown Road to Mr. George E. Langley, his heirs, assigns and successors in title. ITEM II G. CONSENT AGENDA (Cunt'd) 19. Ordinance to Authorize a Temporary Encroachment into a portion of the right-of-way of Sandfiddler Road to Mr. Robert S. Dolsey and Mr. Louis D. Parhain, Jr., their heris, assigns and successors in tltle. 20. Ordinance to Authorize a Temporary Encroachment into a portion of the right-of-way of Kempsville Road to Texaco, Inc. 21. Ordinance appointing Viewers in the petition of John Franklin, III, and Martha D. Franklin for the closure of a portion of an alley bounded by Elm Avenue and Dare Drive (Lynnhaven Borough). 22. Ordinance closing, vacating and discontinuing a portion of Poinciana Drive (Lynnhaven Borough) in the petition of Merlin Van Statzer and Rita Statzer. (This matter was deferred on June 20, 1983 until August 1, 1983) (Applicant has requested that this item be deferred for an additional week.) 23. Low bid of Asphalt Roads and Materials Company, Inc., in the amount of $254,438.70 for the 1983-84 Bituminous Concrete Schedule for Completed Utility Projects; AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. 24@ Raffle Permits: Ocean Park Women's Club Tidewater Smocking Arts Guild Virginia Beach S.P.C.A. 25. Request of the City Treasurer for Tax Refunds in the amount of $1,695.20. H. PLANNING ITEMS 1. Ordinance to Amend and Reordain Article 6, Section 602 of the Comprehensive Zoning Ordinance Pertaining to Lot, Yard, Open Space, Density, Height, and Lot Coverage Re- quirements in the A-1 Apartment District. (This item was voted on June 6, 1983 to be EXPEDITED from the 7/12/83 Planning Commission to the 8/1/83 City Council.) a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 2. Ordinance closing, vacating, and discontinuing a portion of Kleen Street and Cape Henry Drive in the petition of Lynn Beach Associates, a Virginia General Partnership. (Lynnhave Borough). a. Letter from the City Manager transmits the recommendation of the Plannlng Commission and the Viewers concur for denial. 3. Ordinance closing, vacating, and discontinuing a portion of an undeveloped 30-foot right-of-way yhich runs north from Hatteras Road to Citation Drive in the petition of David F. and Tina L. Ellis (Kempsville Borough). Council approved this request on November 1, 1982 subject to con- ditions. These conditions have been met. (This item had been deferred previously 30 days on 5/9/83, 2 weeks on 6/13/83, 1 week on 6/27/83, and on 7/5/83 to 8/1/83) a. Letter from the City Manager transmits the recommendation for FINAL APPROVAL. ITEM II FORMAL SESSION (Cont'd) J. NEW BUSINESS K. ADJOURNMENT 1. Motion to Adjourn. Senator Trible's Town Hall Meeting Virginia Beach City council Chambers 8:00 P.M., August 5, 1983 I M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia P L A N N I N G W 0 R K S H 0 P August 1, 1983 9:00 a.m. City Manager Thomas Muehlenbeck stated the purpose of the workshop was to discuss three items, as follows, for Council to review: 1. Conditional Zoning 2. Agreements of Voluntary Compliance 3. Rezoning Process Efforts to coordinate this workshop were prompted by Vice Mayor Barbara M. Henley and Councilwoman Nancy A. Creech. Correspondence (consisting of several pages) pertaining to the stated topics directed to City Manager Muehlenbeck from Planning Director Robert J. Scott was distributed to Council members and is hereby made a part of the record. In outlining the subject matter, Mr. Scott gave brief analyses, after which discussion was held. In particular, the resolution regarding Comprebensive Zoning Ordinance (adopted February 7, 1983) was discussed with the suggestion tbat it be reworded (second page of the resolution; page 42 of the Minutes of February 7, 1983; first paragraph, fourth line) to reflect: shall be deferred for rehearing, by the Planning Commission, until such time Vice Mayor Henley suggested a proposal be enacted regarding building in flood plains (next week's workshop, August 8, 1983). The following were present at the Planning Worksbop: CITY COUNCLL John A. Baum Nancy A. Creech (arrived at 9:17 a.m.) Harold Heischober Vice Mayor Barbara M. Henley H. Jack Jennings, Jr. Mayor Louis R. Jones Robert G. Jones W. H. Kitchin, Ill (arrived at 9:40 a.m.) Reba S. McClanan J. Henry McCoy, Jr., DDS (arrived at 10:32 a.m.) Meyera E. Oberndorf STAFF Thomas Muehlenbeck, City Manager Jay Richardson, Chief Deputy City Attorney Jack Whitney, Chief of Comprehensive Planning Robert J. Scott, Director of Planning Michael J. Barrett, Assistant to the City Manager for Citizen Affairs David M. Grochmal, Assistant to the City Manager for Intergovernmental Relations M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 1, 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, August 1, 1983, at Twelve-Thirty in the afternoon. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, 11. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Ki-tchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech If Councilwoman Creech entered the meeting at 12:45 p.m. August 1, 1983 -2- ITEM # 20332 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 MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Baum, seconded by Councilman McCoy, Council voted to proceed into the EXECUTIVE SESSION following the INFOPMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech Councilwoman Creech entered the meeting at 12:45 p.m. August 1, 1983 -3- M A T T E R S B Y C 0 U N C I L BELLAMY MANOR ESTATES ITEM # 20333 Councilman McCoy stated a meeting would be held August 3, 1983 of Bellamy Manor Estates regarding cut-through of Sellwood Drive. An invitation was extended to all Council members. LACV-30's ITEM # 20334 Councilman Jennings stated Congressman Whitehurst met with City/citizen representatives July 30, 1983 wherein concerns were aired regarding the LACV-30 vehicles. Congressman Whitehurst assured the LACV Advisory Com- mittee that he would look into the concerns they expressed at the Army command level and report to the Committee in the near future. David Grochmal was also present at the meeting and stated that in addition to the Army air cushion vehicle, the City now has some indication from the Navy that they are approaching finalization of their FDIS on the Navy air cushion vehicle and they will be seeking meetings with City staff members, Council and the Mayor's Advisory Committee in the near future. A meeting is scheduled to be held in Panama City, Florida, August 10, 1983. URANILM ADVISORY GROUP ITEK # 20335 Councilwoman Oberndorf commented the Uranium Advisory Group is unhappy with Marline in Pittsylvania County. NATIONAL LEAGUE OF CITIES ITEM # 20336 Councilwoman Oberndorf advised she will be representing Virginia Beach at the Energy Environment and Natural Resources Committee of the National League of Cities the week of August 8, 1983, in Alaska. August 1, 1983 -4- M A T T E R S B Y C I T Y M A N A C E R WATER/SEWER BOND INFORMATION COMITTEE ITEM # 20337 Mr. A. J. Chewning, III, presented a report by the Bond Information Committee regarding water and sewer bonds. Said report is hereby made a part of the record. Recommendations of the Conmittee will be on the Formal Agenda August 8, 1983. CENTRAL LIBRARY ITEM # 20338 A printed report entitled "The Architectural Program for the Central Library" prepared by B. Franklin Hemphill, Library Consultant, was presented to Council members (said report is hereby made a part of the record). Due to illness, Mr. Hemphill was not present at the meeting. Laszlo Aranyi, Architect, was in attendance and answered Council's concerns regarding useable space and temperature control in the Central Library. Also present was Marsha Simms, Library Director. ATLANTIC AVENUE PARKING ITEM # 20339 Discussion was held on the proposed parking on Atlantic Avenue during winter months. This item will be placed on the Formal Agenda August 8, 1983. JOBS BILL TASK FORCE - DAY CARE SERVICES ITEM # 20340 In accordance with the recommendations of the staff, Ci.ty Manager Muehlenbeck presented the following to serve on a Task Force to design a Request for Proposal for Day Care Services, as part of the Jobs Bill: BENJAMIN MOORE Community Development Department JOHN PERRY/ALICE GREEN Ci.tizen Advisory Committee NANCY HINCH Social Services Two Council members volunteered to serve on the Task Force as follows: REBA S. McCLANAN MEYERA E. OBERNDORF This item was voted upon in the Formal Session under "Appointments". August 1, 1983 -5- M A T T E R S B Y C I T Y M A N A G E R (continued) GREEN RUN - OVERALL LAND USE PLAN ITEM # 20341 Robert J. Scott, Director of Planning, made a presentation on the overall Land Use Plan for Green Run. Councilman Jennings stated bis desire that this item be expedited witb a 60-day limitation. All Council members con- curred witb this statement. The "overall plan" will be discussed by City Council in the near future. WORKSHOP - BACK BAY ITEM # 20342 Vice Mayor Henley and Councilman Baum serve on tbe Back Bay Committee and expressed the desires of the Consultants on Back Bay to have the input of Council members prior to drafting a document for presentation to Council. Vice Mayor Henley stated it would be advantageous for Council members to meet with the Consultants. A Workshop will be held September 12, 1983 at 11:00 a.m. The City Manager will prepare notices of the meeting. INTERIM FINANCIAL REPORT ITEM # 20343 Mr. Giles G. Dodd, Director of Finance, presented the Interim Financial Report for June 30, 1983. Said report is hereby made a part of the record. CIP QUARTERLY STATUS REPORT ITEM # 20344 Mr. Giles G. Dodd, Director of Finance, presented the CIP Quarterly Status Report for Quarter Ending June 30, 1983. Said report is hereby made a part of the record. REVIEW OF CONSENT AGENDA ITEM # 20345 Brief discussion was held on Consent Agenda Items 3, 4, 10, 11 and 13. See Formal Agenda for action taken by Council. RECESS INTO EXECUTIVE SESSION ITEM # 20346 City Council recessed into EXECUTIVE SESSION at One Forty in the afternoon. August 1, 1983 -6- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 1, 1983 2:15 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Roy N. Wilson Church of Christ, Oceana PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA August 1, 1983 -7- Item II-D.1 MINUTES ITEM # 20347 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED the Minutes of July 11, 1983. Voting: 10-0 Council Members Voting Aye: 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: John A. Baum August 1, 1983 -8- Item II-E.1 RESOLUTION ITEM # 20348 Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council ADOPTED a Resolution requesting the Department of Highways and Trans- portation revise the priorities for construction of the Great Neck Road improvements to provide for immediate c ... tr,,,tion f Section C-501 to pro- vide relief for the residents of Chelsea and Green Hill Farms. 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 August 1, 1983 - 9- Requested by: Councilmember Jack H. Jenninqs, Jr. At a meetinq of the Council of the City of Virqinia Beach, Virginia, was held in the Council Chambers, in the City Hall Buildina, on the 1st day of August 1983. On Tnotion by Counci@an Jennnsgs and seconded Lly Councilman Heischober tnt- to w e olution was adopted. R E S 0 L U T I 0 N WHEREAS, the City Council of Virqinia Bpach, Virginia, recognizes the problem of ingress and eqress that exists for the residents of the Chelsea and Green Hill Farms area of the City because of the high density of traffic on Great Neck Road; and WHEREAS, the two lane roa(l, desiqned to carry 6,000 vehicles per day, now carries approximately 20,000 vehicles per day; and WJiEREAS, traffic volume is estimated to continue to increase at a rate of 10-12% per year; and WHEREAS, plans for improvement of the road are virtually complete, and most of the riqht-of-wav for the southern hal[ of the Project has been dedicated to the City; an(i WHEREAS, thp Crpat Neck Proiect (UOOO-134-108, C-501, C-502) has been divided into two sections which will be advertised and awarded for construction as two contracts; and WHEREAS, the Federal Hiqhway Administration, which will fund 75% of the Project, advises that 'There is no apparent reason why the southern half of the project cannot be constructed first"; and WHEREAS, the City Traffic Engineer advises that construction of the southern T)ortion of the Proiect (C-501) would help to provide relief to the traffic problems and reduce the hiqh rate of accidents now occurrinq in the section, Shore Haven Drive to Thomas Bishop Lane. NOW, THEREFORE, BE IT RESOI,VED BY THE COUNCIL OP THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Departn,.ent of Hiqhways and Transportation revise the priorities for construction of the rreat NPck Road August 1, 1983 -10- improvements to provide for immediate Construction f Section a d , C-501 to provide relief for the residents of Chelse an rre,n Hill Farms. F3E IT FURTHER RESOLVED, that the City Clerk is authorized ani directed to forward a certified copy of this Resolution to the Department of Hiqhways and Transportation of the Commonwealth of Virginia. Adopted by the Council of the City of Virginia Beach, Virainia, on this _lst day of August 1983. JDB/da 7/25/83 (3) A'z -i :7 -2- August 1, 1983 Item II-E.2 RESOLUTION ITEM # 20349 A motioniwas made by Councilman Jennings, seconded by Councilman Heischober, to adopt a Resolution authorizing the City Manager to install a traffic signal at the intersection of Great Neck Road and Upper Chelsea Reach; however, the motion was LOST. Voting: 3-8 (MOTION LOST) Council Members Voting Aye: Harold Heischober, H. Jack Jennings, Jr., Reba S. McClanan Council Members Voting Nay: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, J. Eenry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None August 1, 1983 -12- REQUESTED BY: COUNCILMAN H. JACK JENNINGS, JR. R E S 0 L U T I 0 N WHEREAS, the Council of the City of Virginia Beach is of the view that a safety hazard exists at the intersection of Great Neck Road and Upper Chelsea Reach; and WHEREAS, such a hazard exists especially in the morning hours between 7:30 a.m. and approximately 9 a.m: and WHEREAS, numerous accidents resulting in property damage have taken place at this particular intersection over the last three years; and WHEREAS, a traffic device is not warranted by the Federal Manual of Uniform Traffic Control Devices; and WHEREAS, City Council if of the opinion that for safety reasons installation of traffic controls at this intersection is in the best interest of the City of Virginia Beach. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is authorized to install a traffic signal at the intersection of Great Neck Road and Upper Chelsea Reach. ADOPTED: JDB:ER 7-27-83 August 1, 1983 -13- Item II-E.3 RESOLUTION ITEM # 20350 Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADOPTED a Resolution authorizing a modification to the design of the North Beach Drainage 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 C. 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 August 1, 1983 -14- A RESOLUTION AUTHORIZING A MODIFICATION TO THE DESI(,N OF THE NORTH BEACH DRAINAGE PROJECT WHEREAS, the City of Viroinia Beach has adopted the North Beach Drainaqe Project which is included in the Five Year Capital Improvement Program; and WHEREAS, the oriqinal desiqn concept of the North Beach Drainage Project consisted of five outfalls and was based on a storm of such maqnitude that it would occur once in ten years; and WHEREAS, the City staff has recommended that the design of the North Beach Drainaae Project now be modified by utilizinq the reduced storm concept based on a storm of such maqni.tude that it would occur once per voar rather than once in ten-@7ears tliereby combining drainaqe areas and reducing the total number of outfalls required; and WHEREAS, such a modification would accomplish the same result as the oriqinal desiqn concept and would result in substantial savings for the City of Virqinia Beach. NOW, THEREFORE, BE IT PESOLVED BY THE CITY COUNCIL OP THE CITY OF VIRGINIA BEACH, VIRGINIA that the staff of the City of Virginia Beach is authorized to modify the original desiqn of the North Beach Drainage Project by utilizing the reduced storm concept to combine drainaqe areas thus reducinq the total number of outfalls reauired which concept will be based on a storm of such magnitude that it will occur once t)er year rather than a once in ten-years. This Resolution shall become effective the date of its adoption. Adopted by the Council of the City of Virqinia Beach on the 1st day of August 1983. P.10 A!' A3 TC.,, 7/26/83 MTS/re (RES.2) 0 r. ROA -15- Item 11-F.1 ORDINANCE ITEM # 20351 Upon motion by Councilman BaLim, seconded by Vice Mayor Henley, City Council ADOPTED an Ordinance to amend and reordain Section 2-81 of the Code of the City of Virginia Beach, Virginia, pertaining to Mandatory Retirement Age. 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 August 1, 1983 -16- Requested by the City Council AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-81 OF THE CODE OF THE CITY OF VIRCINIA BEACH, VIRGINIA, PERTAINING TO MANDATORY RETIREMENT AGE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-81 is hereby amended and reordained to read as follows: Section 2-81. Mandatory retirempnt aqe. Unless otherwise provided bv state or federal statute, no employee of the city, ether-them includinq appointees of the city council, shall he employed after the end of the month in which he or she attains aqe seventy (70). Adopted this 1st dav of August 1983. RHM/CJ/da 7/14/83 (alt.3.1) T, August 1, 1983 -1 7- Item II-F.2 ORDINANCE ITEM # 20352 Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to amend and reordain Section 2-217.2 of the Code of the City of Virginia Beach, Virginia pertaining to awarding contracts, with a revision to page one, last line, as follows: The word "may" shall be inserted in lieu of "shall". "Manager who shall @@y then approve an award of the contract to a..." 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 August 1, 1983 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-217.2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO AWARDING CONTRACTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-217.2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained as follows. Section 2-217.2 Awarding contracts. Contracts shall be awarded to the lowest responsible and responsive bidder. In determining the lowest bidder, the following factors shall be considered: (1) Price. (2) Ability, capability and skill of the bidder to perform the contract. (3) Whether the bidder can perform the contract promptly or within the timeframe specified. (4) The character, integrity, reputation, judgment, experience and efficiency of the bidder. (5) The quality of performance of previous contracts. (6) The financial resources and ability of the bidder to perform the contract. (7) The ability of the bidder to provide future maintenance for the use of the subject of the contract. (Contract may be for services, supplies, equipment, etc.) It shall be the duty of the Purchasinq Aqent in the awarding of contracts, pursuant to the authority qranted in Section 2-214.2, to give substantial consideration to the lowest cost, and to endeavor to award contracts to the lowest bidder if and when it is determined that, based on cost and on the other above-mentioned factors, award to the lowest bidder will be in the best interest of the City. If the Purchasinq Agent determines that an award of a contract to the lowest bidder is not in the best interest of the City, he shall so notify the City Manager who mav then approve an award of the contract to a bidder other than the lowest bidd,,. Said approval shall be based on the City Manager's independent (letermination, after givinq (lue consideration to the recommendations of the Purchasing Agent, that such award is in the best interest of the City. When the City Manager decides to award a contract to a bidder other than the lowest bidder, he shall notify City Council of-his decision. Adopted by the Council of the City of Virginia Beach, Virginia, this day of 1983. RMB/sm 7/15/83 (P) .......... -2- -20- Item II-G CONSENT AGENDA ITEM # 20353 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council APPROVED IN ONE MOTION Items 1 through 25 of the CONSENT AGENDA, with the exception of Items 11 and 22, which were DEFERRED for one week pursuant to the City Manager's request. 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 August 1, 1983 -21- Item II-G.1 CONSENT AGENDA ITEM # 20354 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED a Resolution of Appreciation to RUSSELL 0. SILER for his services as Chairman of the Community Services Board. 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 August 1, 1983 -22- RESOLUTION IN APPRECIATION WHERFAS: There are many citizens whose unselfish qualities and untiring enerqies are worthy of recognition, there are few whose lives touch so many in social, cultural and religious realms; WHEREAS: The Community Services Board is an aqent of the City of Virginia Beach responsible for the establishment and operation of the Mental Health, Mental Retardation and Substance Abuse proqrams as provided by the State Code, subject to laws and requlations relat- ing to qovernmental agencies with general powers, duties and respon- sibilities for the best welfare of the community; WHEREAS: Membership is composed of lay and professional elements of the community in broad representation with fifteen Council- appointed community leaders. One of these, Reverend Russell 0. Siler of Emanuel Lutheran Church, first appointed to fill an unexpired term on August 25, 1980, and then beinq reappointed to a three-year term through December 1984, is currently Chairman of the Community Services Board; and, WHEREAS: Dedication and unselfish service now call Reverend Siler to greater commitment, his term will be interrupted to allow him to further his education at the Antioch School of Law at the nation's capitol in Washington, D.C. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach city Council recognizes R U S S E L L 0. S I L E R for his distinguished service and expresses its sincere gratitude for his successful administration, his personal time and energy as well as his keen understanding and promotion of the agency's purposes, all of which have meant much to the Board and will long be qratefully remem- bered by the Council. BE IT FURTHER RESOLVED: That this Resolution be framed for presentation at the Community Services Board Thursday, July 28, 1983, and a copy spread upon the minutes of the next regular Formal Session of the Virginia Beach City Council. Given under my hand and seal, Mayor August 1, 1983 -23- Item II-G.2 CONSENT AGENDA ITEM # 20355 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED a Resolution authorizing the City Manager to execute the required documents transferring and assigning the City of Virginia Beach's interest in such gifts to the Virginia Museum of Marine Sciences Foundation, Inc., to be used specifically for the financial assistance of the Virginia Museum of Marine Sciences. (on February 14, 1983, City Council accepted as gifts interests in Chesapeake Oil and Gas 1980 #7, a Limited Partnership, and contract rights in three Pennsylvania oil wells owned by Bold Venture, a General Partnership.) 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 August 1, 1983 -24- R E S 0 L U T I 0 N WHEREAS, on February 14, 1983, City Council accepteel as qifts for the City certain interests in Che8apeake Oil and Gas 1980 #7, a limited Partnership, and c-ertain contract riqhts in oil wells owned by Bold Venture, a aeneral partnership; and WHERFAS, it was intended hy the donors of th(-se ciifts that they be used for the financial assistance of the Vir(.Tinia Musetim of Marine Sc,.i(-nces or sornp- other ,imilar puhlic nurpose as may be deemed appropriate bv the City Council; and it is now deemed appropriate and in the public interest to transfer and assiqn these cifts from the City to the Virqinia Museum of Marine Sciences Foundation, Inc. NOW TPEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manaqer is herebv authorized to execute the required documents transferrinq and assiqninq the city of Virqinia Beach's interest in such qifts to the Virqinia Museum of Marine Sciences Foundation, Inc., to be used specifically for the financial assistance of the Virqinia Museum of Marine Sciences. Adopted by the City Council of the Citv of Virainia Beach, Virqinia on the 1st day of August 1983. ME.q/sm 7/22/83 (MES.1) Aug,,t 1983 -25- Item II-G.3 CONSENT AGENDA ITEM # 20356 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to amend and reordain Chapter 2 of the Code of the City of Virginia Beach by adding a new section relating to amend- ments of the Annual Budget Ordinance. Voting: 11-0 Council Members Voting Aye: John A. Baun, 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 August 1, 1983 -26- REQUESTED BY: DEPARTMENT OF FINANCE AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING A NEW SECTION RELATING TO AMENDMENTS OF THE ANNUAL BUDGET ORDINANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: The City clerk is authorized and directed to publish a notice of a Council meeting and a public hearing on ordinances for budget amendements proposedby the City Manager once in a newspaper having general circulation in the City of Virginia Beach seven (7) days prior to such meeting. The City Council shall consider such proposed budget amendment ordinance at the advertised meetinq after providing a public hearing during such meeting; provided, however, that any such amendment which exceeds one percent of the total revenue shown in the currently adopted budget must be accomplished in the same manner as set out in Section 15.1-162, Code of Virginia, as amended. When the proposed amended budget ordinance exceeds one percent of the total revenue shown in the current adopted budget ordinance, the public hearing shall be held at least seven (7) days prior to approval. ADOPTED: August 1, 1983 JD--: er r m 7 -25-8 3 0 T 7-27-8 3 August 1, 1983 -27- Item 11-G.4 CONSENT AGENDA ITEM # 20357 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to provide for the payment of Worker's Compensation benefits to members of the 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 August 1, 1983 -28- AN ORDINANCE TO PROVIDE FOR THE PAYMENT OF WORKER'S COMPENSATION BENEFITS TO MEIMBERS OF THE CITY COUNCIL WHEREAS, Section 65.1-4 of the Code of Virginia previously excluded members of City Councils from the provisions of the Virqinia Worker's Compensation Act; and WHEREAS, the 1983 General Assembly amended Section 65.1-4 of the Code of Virginia to allow City Councils to elect to include its members under the Virginia Worker's Compensation Act by adoption of a resolution or ordinance; and WHEREAS, the members of the City Council desire to be covered by the provisions of the Virginia Worker's Compensation Ac-,. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT, pursuant to Section 65.1-4 of the Code of Virginia, as amended, the members of the City Council of the City of Virginia Beach, virgina, presently serving or hereafter elected or appointed in accordance with the Charter and Code of the City of Virginia Beach, Virginia, do hereby elect to have its members included as employees of the City of Virginia Beach for the purpose of being eligible to receive any and all benefits to which they may be entitled under the provisions of the Virginia Worker's Compensation Act as set forth in Section 65.1-4 of the Code of Virginia. BE IT FURTHER ORDAINED that the City Manager is authorized and directed to take the necessary action to accomplish the inclusion of the City Council members under the Worker's Compensa- tion Act. JDB:er 7-25-83 August 1, 1983 -29- Item II-G.5 CONSENT AGENDA ITEM # 20358 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing certain events conducted on City property to be exempt from the prohibition against working or trans- acting business on Sunday. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 1, 1983 -30- AN ORDINANCE AUTHORIZING CERTAIN EVENTS CONDUCTED ON CITY PROPERTY TO BE EXEMPT FROM THE PROHIBITION AGAINST WORKING OR TRANSACTING BUSINESS ON SUNDAY WHEREAS, Section 18.2, Code of Virginia (1950) as amended, requires the City Council of the City of Virqinia Reach to designate on a case-by-case basis the events which are exempt from workinq or transactinq business on Sundays; and WHEREAS, the followinq City property has been desiqnated by the Council of the City of virginia Beach, for the followinq dates, as the site for the followinq events: Date City Property Event Auqust 28, 1983 Pavilion WFOG Home Show October 23, 1983 Pavilion 'Own Your Own Business Expo" BE IT ORDAINED BY THE COUNCIL OF 'rHE CITY OF VIRGINIA BEACH, VIRGINIA: That the above-mentioned events are exempt from the prohibition aqainst workina or transactino business on Sunday as provided by general law. That the City Clerk is directed to forward a certified copy of this ordinance to the Commonwealth Attorney. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on the 1st day of August 1981. JDB/da 7/13/83 (misc) I (,IRNEY August 1, 1983 -31- Item II-G.5 CONSENT AGENDA ITEM #20359 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance, on SECOND READING, to accept $2,575,000 from the Department of Housing and Urban Development and to appropriate these funds for certain projects and purposes. 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 August 1, 1983 -3 2- Requested by the bffice of Housinq and Community Development AN ORR)INANCE TO ACCEPT $2,575,000.00 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO APPROPRIATE THESE FUNDS FOR CERTAIN PROJECTS AND PURPOSES WHEREAS, the Department of Housinq and Urbar Development (HUD) has approved the Ninth Proqram Year fundinq of the Community Development Proqram. WHEREAS, one of the obiectives of such a pr(gram is to upqrade deteriorated neiqhborhoods and to retard the deterioration in transitional neighborhoods. NOW, THEREFORE, BE IT ORDA INED BY THF COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funding from HUD be accepted and appropriated for the following projects and purposes: APPROPRIATIONS ACTIVITY $ 75,000 Burton Station Site Drainaqe 27,010 Gracetown Streets 810,668 Mill Dam Water/Sewer/Streets 100,000 Newsome Farm Streets 100,000 Queen City Water/Sewer/Streets 441,500 Reedtown Water/Sewer/Streets 116,751 Seatack Streets Phase II 250,000 Housinq Rehabilitation 100,000 Relocation 100,000 Relocation/Last Resort Housinq 75,000 Site Improvements 439,071 Administration $2,635,000 TOTAL APPROPRIATIONS Total Community Development Funds (Funds generated from housinq rehab loan funds and - 60,000 water/sewer fees) $2,575,000 Total Entitlement Grant (1983-84) That the appropriations will be financed 100% by federal funds from HUD, with no local match required. FIRST READING: July 11, 1983 SECOND READING: Aug. 01, 1983 August 1, 1983 -33- Item II-G. 7 CONSENT AGENDA ITEM # 20360 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council APPROVED an Ordinance, on FIRST READING, to revise certain revenue estimates and reduce appropriations in the 1983-1984 Fiscal Year Operating Budget (Constitutional officers). 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 August 1, 1983 -34- AN ORDINANCE TO REVISE CERTAIN REVENUE T-7 ESTIt4ATES AND REDUCE APPROPRIATIONS IN THE 1983-1984 FISCAL YEAR OPERATING BUDGET WHEREAS, the State Reimbursement for the operation of the Constitutional Officers approved by the Compensation Board for the 1983-1984 fiscal year was $324,762 less than that anticipated in the City's Operating Budget and, WHEREAS, the Constitutional Officers, at the City Manager's request, reevaluated their budgets and revenue sources and identified additional revenues of $306,644 and appropriation reductions of $18,118, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that estimated revenues in the 1983-1984 fiscal year operating budget be revised as follows: Current Revised Variance Revenue Revenue Over Revenue Item Estimate Estimate (Under) Reimbursement-Commissioner of the Revenue $ 512,686 $ 447,607* $ (65,079) Reimbursement-Treasurer 626,785 481,202* (145,583) Reimbursement-Commonwealth's Attorney 491,916 496,705* 4,789 Reimbursement-Sheriff 1,805,468 1,684,952* (120,516) Reimbursement-Commonwealth's Attorney-Welfare Fraud 36,924 38.551* 1,627 Reimbursement-Jail Expenses 493,600 537,987 44,387 Current Taxes-Personal Property 21,734,631 21,894,388 159,757 Sheriff's Fees 15,000 37,500 22,500 intereat on Delinquent Taxes 260,000 300,000 40,000 Prior Year Personal Property 30,000 70,000 40,000 Total Variance $ (18,118) *Determined by the C6mpensation Board. And be it further ordained that appropriations be reduced as follows: Current Revised riation Appropriation Total Comonvealth's Attorney $1,010,850 $ 996,732 $ 14,118 City Treasurer 1,566,045 1,562,045 4,000 Total Reduction $ 18,118 First Reading: August 1, 1983 Second Reading: Approved by the Council of the City of Virginia Beach on the day of 1983. L-1-ORD7 -35- Item II-G.8 CONSENT AGENDA ITEM # 20361 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council APPROVED an Ordinance, on FIRST READING, to appropriate funds of $2,000,000 to the School Capital Projects Fund. 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 August 1, 1983 -36- AN ORDINANCE TO AIIPROIIRIATI@" L,UNDS OF $2,000,000 TO TIIE SCHOOI, CAPITAL PROJECTS FUND WHEREAS, on July 12, 1982, City Council endorsed the School Board applic@ttion to the State Board of Education l'or the purpose of borrowing $2 million from tlie Literary Fund for construction oF .1 nc,,w elementary school in tlie West Kempsville area (Capital Project 1-916), and WIIEREAS, the State Board of@ Educ,@ition has approved the loan at an a.nnual interest rate of 3','@, and WIIEREAS, the project is a part of the City's Capital Improvement Program and is presently underway. NOW, THEREFORE BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACII that l'unds of' $2,000,000 are hereby appropriated to the S(.@hool C@,tpittl Projects Fund for the construction of pro,jc,(,,t, .1-916 Centerville Elementary School. BE IT FURTHER ORDAINED t@liat thi,,- appropriation be offset by Literary Fund Loan pro(-,eeds of $2,000,000. This ordinance shall be (i@ff'c2ctivc@ from the date of its adoption. Adopted by the Council of' t,h(? City of Virginia Beach on the day of 1983. FIRST READING: August 1, 1983 SECOND READING: -3 7- Item II-G.9 CONSENT AGENDA ITEM # 20362 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to transfer funds of $50,000 from Water and Sewer Fund Reserve for contingencies to the Water and Sewer Capital Pro- jects Fund for legal services as required for the Lake Gaston Water Re- source 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 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 August 1, 1983 -38- AN ORDINANCE TO TRANSFER FUNDS OF $50,000 FROM WATER AND SEWER FUND RESERVE FOR CONTINGENCIES TO THE WATER AND SEWER CAPITAL PROJECTS FUND FOR LEGAL SERVICES AS REQUIRED FOR THE LAKE GASTON WATER RESOURCE PROJECT WHEREAS, City Council desires to pursue the Lake Gaston alternative as a possible solution to the City's long-term water supply needs, and WHEREAS, the Department of Public Utilities is requesting a transfer of funds of $50,000 for legal services as needed for the Water Resource Project, and WHEREAS, the funding for this activity can be provided from the Water and Sewer Fund Reserve for Contingencies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $50,000 be transferred from Water and Sewer Fund Reserve for Contingencies to the Water andSewer Capital Projects Fund for legal services as required for the Lake Gaston Water Resource Project. Adopted by the Council of the City of Virginia Beach, virginia, on the -1st day of August 1983. August 1, 1983 -39- Item II-G.10 CONSENT AGENDA ITEM # 20363 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to transfer funds of $24,000 to continue bulk mailing by the Department of Parks and Recreation. 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 August 1, 1983 -40- AN ORDINANCE TO TRANSFER FUNDS OF $24,000 TO CONTINUE BULK MAILING BY THE DEPAR'NIENT OF PARKS AND RECREATION WHI@@.REAS, t@he De-partment of Park,; and Pecreation has determined that their bulk mailing effort in May 1983 was a sti(-Icess based on thc@ r(spons(, of the public and increased revenues, and WHEREAS, the deptrtment d(,sires to (@ontinue bulk mailing thr(,(, times a year on(@e (@ach in t,he fall, winter, and spring, and WIIEREAS, the mailing co,,;ts l'or bulk mailing three times a year are (?stimated at apprc)ximat(,.Iy $24,000, and WHEREAS, the department has budgeted funds of $12,000 which can be transferred from advertising to postal services to (@over the fall mail-out ,tnd needs additional funds or $12,000 to cover tlie winter and spring mail-outs, and WIIEREAS, the additional funds of $12,000 can be made available from the General Fund Reserve for Contingencies. NOW, TliEREFORE, BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACII that funds or $12,000 be tran.,4Ferr(@d wit@hin t.he op(,r@il ing budg(,I. of' the Department of Parks and Recreation from advertising to postal services to c@ov(@r t@h(, f:all bulk mailing program, and Be it further ordaine@d that funds o,r $12,000 be transferred from the General Fund Re@,erve for Contingencies to the Department of Parks and Recreation t.o cover the winter and spring bulk mailing programs. Adopted by the Council of thc, Cit,y of Virginia Belacli on the 1st day of August 19 83 August l,'1983 -41- Item II-G.11 CONSENT AGENDA ITEM # 20364 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council DEFERRED for one week an Ordinance to transfer Capital Project Funds of $44,768 from Project 2-815 Stumpy Lake Drainage to Project 2-812 Oceana N.A.S. Entrance. 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 August 1, 1983 -4 2- AN ORDINANCE TO TRANSFER CAPITAL PRO.'ECT FUNDS OF $44,768 FROM PROJECT 2-815 STUMPY LAKE DRAINACIE TO PROJECT 2-812 OCEANA N.A.S. ENTRANCE WHEREAS, project 2-812 Oceana N.A.S. Entrance was one of the rapital projects approved for close-out by City Council on June 27, 1083, and WHEREAS, the presence of a new bill for $44,768 from the Virginia Department of Highways and Transportation to be charged to this project requires that the project remain open, and WHEREAS, due to the close-out transfers, project 2-812 Oceana N.A.S. Entrance is in need of additional appropriations of $44,768 to offset the new expenditure, and WHEREAS, the necessary funds mav be transferred from project 2-815 Stumpy Lake Drainage due to the inactive status of the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds of $44,768 be transferred from project 2-815 Stumpl7 Lake Drainage to project 2-812 Oceana N.A.S. Entrance to provide for the necessary appropriations to match expenditures for the Oceana project. Adopted by the Council of the City of Virkinia Beach on the day of 19 August 1, 1983 -43- Item II-G.12 CONSENT AGENDA ITEM # 20365 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to transfer funds within the FY 84 TVASAP Budget to establish twelve full-time permanent positions. 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. Ki.tchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 1, 1983 -44- AN ORDINANCE -0 TRANSFER FUNDS WITHIN THE FY 84 TVASAP BUDGET TO ESTABI,ISH TWELVE FULL-TIME PERMANENT POSITIONS WHEREAS, in the FY 84 operating budget TVASAP received approval for fourteen temporary position,,;, and WHEREAS, in order to maintain their standards and continue to provide service at th(,,ir present level under an increasing workload, TVASAP is requesting that twelve of the fourteen temporary positions b(@ converted to full-time permanent st,.Ltu-@ and the two remaining temporary positions which were a duplication be deleted, and WHEREAS, the twelve permanent positions consist of five clerical positions and s(,ven coijnselors and funding can be provided by reallocating appropriations within the TVASAP budget between fring(@ b(@n(,,fits and contractual services with no additional funding required. NOW, TIIEREFORE, BE IT ORDAINED BY @IIE COUNCIL OF THE CITY OF VIRGINIA BEACH that twelve full-time permanent positions consisting of 5 clerical positions and 7 counselors, are hereby authorized in the FY 84 TVASAP budget and that funds be transferred as follows to provide for these positions: From: Personal Salari(,s -$14,990 Contractual Sc@rvices -9,647 To: Fringe Benefit@ +$24,637 Net Charge $ -0- Be it further ordained that fourteen temporary positions are hereby removed from the FY 84 TVASAP budget. Adopted by the Council of the City of Virginia Beach on the 1st day of August 1983 -45- Item II-G.13 CONSENT AGENDA ITEM # 20366 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing a $45,000 temporary cash advance to the Department of Economic Development. 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 August 1, 1983 -46- REQUESTED BY: DEPARTMENT OF ECONOMIC DEVELOPMENT AN ORDINANCE AUTHORIZING A $45,000 TEMPORARY CASH ADVANCE TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT WHEREAS, industry practice requires payment to entertainers at the time of their performances; and WHEREAS, computer ticket sales made at outlets other than Pavilion (off-site sales) are not available to the,City for several days after a performance; and WHEREAS, the Department of Economic Development estimates the potential off-site sales, required at settle- ment for the Virginia Beach Jazz Festival, at $45,000: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the Finance Director is authorized to issue a temporary advance not exceeding $45,000 to the Assistant Coiivention Center Manager to help in making settlement with the entertainers in the Virginia Beach Jazz Festival that is booked at the Pavilion for August 12th, 13th, and 14th, 1983. This cash advance is to be repaid at the earliest possible time. ADOPTED: August 1, 1983 i! y August 1, 1983 -47- Item II-G.14 CONSENT AGENDA ITEM # 20367 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to transfer Capital Project Funds of $111,496 from Project 2-815 Stumpy Lake Drainage to Project 2-997 Indian Lakes Boulevard. 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. Ki.tchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 1, 1983 -48- AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $111,496 FROM PROJECT 2-815 STUIMPY LAKE DRAINAGE TO PROJECT 2-997 INDIAN LAKES BOULEVARD WHEREAS, Urban Associates-Three is developing certain real property in the Kempsville Borough, known as Indian Lakes subdivision, and WHEREAS, the development of the property requires the construction of certain roads including a portion of Indian Lakes Boulevard from south of Halifax Drive to Indian River Road, and WIIEREAS, the developer has agreed to design and construct two lanes of the ultimate section of Indian Lakes Boulevard from south of Halifax Drive to Indian River Road in accordance with the City's Major Right-of-Way Improvement Policy, and WHEREAS, the city will reimburse the developer those costs incurred which exceed the cost to construct a standard subdivision street, and WHEREAS, the total project is estirlated to cost $235,206 and the city's share is $111,496, and WHEREAS, funding for the city's share of the project is available from Project 2-815 Stumpy Lake Drainage due to the inactive status of this project. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the development of Indian Lakes Boulevard from south of Halifax Drive to Indian River Road is hereby aDproved as a capital project and that cadital project funds of $111,496 are hereby transferred from Project 2-815 Stumpy Lake Drainage to Project 2-997 Indian Lakes Boulevard for construction idurposes. BE IT FURTHER ORDAINED that the City Manager is hereby authorized to enter into the appropriate agreement with Urban Associates-Three for the city's participation in the construction costs of Indian Lakes Boulevard. This ordinance shal.1 be effective from the date of its adoption. Adopted by the Council of the the City of Virginia Beach, virginia on 1st day of August 1983. -49- Item II-C.15 CONSENT AGENDA ITEM # 20368 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to transfer Capital Project Funds of $97,000 between Capital Projects to provide a sewer pump station for Croatan Beach area. Voting: 11-0 Council Members Voti.ng 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 August 1, 1983 -50- AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $97.000 BETWEEN CAPITAL PROJECTS TO PROVIDE A SEWER PUMP STATION FOR CROATAN BEACK AREA WHEREAS, Bangel-Kramer Enterprises is developing certain real property in the Croatan Beach area and is required to build a sever pump station to serve the project and, WHEREAS, the Department of Public Utilities has requested the developer to increase the capacity of the pump station to serve as an area- wide station with the City responsible for the differential cost, esti- mated at $97.000 and. WHEREAS, the City has not scheduled construction of the area- wide pump station to begin until October 1984 but wishes to enter into an agreement with the developer to take advantage of a substantial cost savings, WOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA REACH, that appropriations be transferred between capital projects as enumerated below to provide funds for the Croatan Beach pump station. Transfer from: 5-827 Birdneck Point Water System 85,710 - Improvement to Sites 11,290 Transfer to: 6-933 Croatan Beach + $ 97,000 Be it further ordained that the City Manager is hereby authorized to enter into the appropriate agreement with Bangel-Kramer Enterprises, Inc. to provide for a sewer pump station for the Croatan Beach area. Adopted by the Council of the City of Virginia Beach on the 1st day of August 19 83 KAR-2/ORD1 -51- Item 11-G.16 CONSENT AGENDA ITEM # 20369 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to transfer funds of $45,000 within the Department of Public Works to provide for the use of temporary labor services. 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 August 1, 1983 -52- AN ORDINANCE TO TRANSFUR FUNDS OF $45,000 WITHIN TIIE DEPART@IENT OF PUBLIC WORKS TO RROVID@ FOR THE USE OF TEHIPORARY LABOR SERVICES WHEREAS, the Department of Public Works has utilized a temporary labor services program in FY 83 and is very pleased with the results of th(', progr',Lm, Ind W]iEREAS, ratlier than fill (,.(,rtain v,,i(@,int personnel positions, the department has augmented labor crews with t(@mporary labor eontracted from privatc, firms, and WIIEREAS, the advantag(,s of tbe program are greater rlexibility of manpower and reduction in pe@rsonnel costs, and WHEREAS, the department desires to c@ontinue the program in FY 84 and will fr(-,eze five personnel positions in order to t@ran,,;fer $45,000 ror the program, and NOW THEREFORE BE IT ORDAINED BY THII' COUNCIL OF THE CITY 01' VIRGINIA BEACii that funds of $45,000 be transferred within the Department of Public Works from personnel costs to contractual services in order to continue the temporary labor services program for FY 1984, Adopted by tlie Council of the City of Virginia Beach, Virginia on thc@ 1st d,,i y o f August 19 83 August 1, 1983 -53- Item II-G.17 CONSENT AGENDA ITEM # 20370 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Close Avenue to Ocean Point Properties, Inc., its 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 August 1, 1983 -54- Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF CLOSE AVENUE TO OCFAN POINT PROPERTIES, INC., ITS ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRCINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virainia, 1950, as amended, Ocean Point Properties, Inc., its assiqns and successors in title is authorized to construct and maintain a temporary encroachment into the riqht-of-way of Close Avenue. That the temporarv encroachment herein authorized is for the purpose of erectina and maintaininq four private 21 PVC sanitary sewer lines and that said encroachment shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's riqht-of-way known as Close Avenue, on the certain plat entitled: "Encroachrnent Into Close Avenue," a copy of which is on file in the Department of Public Works and to which reference is Tnade for a more partic,ilar description. PROVIDET), HOWEVER, that the tetnporary encroachment herein authorized shall terminate upon notice bv the Citv of Virqinia Beach to Ocean Point Properties, Inc., its assians and successors in title and that within thirty 30 days after such notice is qiven, said encroachment shall be removed from the City right-of-way of Close Avenue and that Ocean Point Properties, Inc., its assiqns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Ocean Point Properties, Inc., its assians and successors in title shall indemnify and hold harmless the City of Virqinia Beach, its aqents and employees frrm and aqainst all August 1, 1983 -55- claims, damaqps, losses, and expenses includinq reasonabIL- attorney's fees in case it shall be necessarv to file or defend an action arisinq out of the location or existencp- of such encroachment. AND, PROVIDED FURTHER, that t@lis ordinance shall not be in effect tintil such time that Ocean Point Properties, Inc., executes an agreement with the City of virqinia Beach encompassinq the afore-mentioned provisions. Adopte,i by the Council of the City of Virqinia Beach, Virainia, on the -lqt day of Aupust 19 83. MES/sm 7/22/83 (29-B) @T 'A -2- August 1, 1983 -56- Item II-G.18 CONSENT AGENDA ITEM # 20371 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way Newtown Road to Mr. George E. Langley, 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 August 1, 1983 -5 7- Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY NEWTOWN ROAD TO MR. GEORGE E. LANGLEY, HIS HEIRS, ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contaiped in Section 15.1-893, Code of virginia, 1950, as amended, George E. Langley, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Newtown Road. That the temporary encroachment herein authorized is for the purpose of erecting and maintaining a private 21 PVC force main to service the offices of Langley and McDonald located at 484 Newtown Road and that said encroachment shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Newtown Road, on the certain plat entitled: 'PROPERTY OR GEORGE E. & ELIZABETH C. LANGLEY, It4STALLATION PLAN,' a copy of which is on file in the Department of Public Work and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to George E. Langley, 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 Newtown Road and that George E. Langley his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that George E. Langley, his heirs, assigns and August 1. 1983 -58- 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 George E. Langley 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 1st day of August ig 83 MES/re 7/26/83 (29-C) A CITY ATTOI@NEY -2- August 1, 1983 -59- Item II-G.19 CONSENT AGENDA ITEM # 20372 TJpon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Sandfiddler Road to Mr. Robert S. Dolsey and Mr. Louis D. Parham, Jr., their 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, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 1, 1983 -60- Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORA@Y ENCROACHMENT INTO A PORTION OF THE RIG14T-OF-WAY OF SANDFIDDLER ROAD TO MR. ROBERT S. DOLSEY AND MR. LOUIS D. PARHAM, JR., THEIR HEIPS, ASSICNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in ',ection 15.1-893, Co(le@ of Virciinia, 1950, as amended, Mr. Robert S. Dolsey and Mr. Louis D. Parham, Tr., their heirs, assiqns an(I successors in title are atithorized to construct and maintain a temporary encroachment into the riqht-of-wav of Sandfiddler Road. That the temporary encroachment herein authorized is for the purpose of erectinq and maintaininq two 2-inch PVC force mains and a 6 inch steel encasement pipe and that said encroachment shall be erected and maintained in accordance with the City of Virqinia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more Darticularly described as follows: An area of encroachment into a portion of the Citv's riqht-of-way known as Sandfiddler Road, on the certain plat entitled: 'Site Plan Proposp(i Billkhearl & Driveway Lot 19 - Sect. 2 - TR. C Sandbridoe Reach M.B. 51, P. 55, April 25, 1983, paaes 1, 2, 3, and 4," a copy of which is on file in the T)Ppartment of Public Works and to which reference is made for a more Particular description. PROVIDED, HOWEVFP, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virqinia Beach to Mr. Robert S. Dolsev and Mr. Loilis D. Parham, Jr., their heirs, assiqns and successors in title and that within thirty 30 days after such notice is aiven, said encroachment shall be removed from the City riaht-of-way of Sandfiddler Road and that Mr. Robert S. Dolsey and Mr. Louis D. Parham, their heirs, assigns and sticcessors in title shall bear all costs and expenses of such removal. Au ust 1 1 -61- AND, PROVIDED FURTHER, that it is expressly understood and aoreed that mr. Robert S. T)olspy an(, Mr. Louis D. Parham, their heirs, assiqns and successors in title shall indemnify and hold harmless the City of virqinia Reach, its aqents and emplovees from and aqainst all claims, damacies, losses, and expenses includinq reasonable attorney's fees in case it shall be necessary to file or defend an action arisinq out of the location or existence of such encroach.,nent. AND, PRON7IDFD FURTHER, that this ordinance shall not be in effect until such time that Mr. Rohert .9. Dolsey and Mr. Louis D. Parham execute an acirepyrent with the City of Virqinia Beach encompassina the afore-mentione(i provisions. Adopted by the Council of the City of Virainia Beach, Virqi.nia, on the 1st (iay of August 19 83. MES/SM 7/22/83 (29-B) 'T @3 FO CITY AT"C@,.,IEY -2- August 1, 1983 -62- Item II-G.20 CONSENT AGENDA ITEM # 20373 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Kempsville Road to Texaco, Inc. Voting: 11-0 Council Members Voting Aye: 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, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 1, 1983 -63- REQUESTED BY: DEPART@IENT OF PUBLIC UTILITIES AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF KEMPSVILLE ROAD TO TEXACO INC. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Texaco Inc. is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Kempsville Road. That the temporary encroachment herein authorized is for the purpose of 2" force main and that said Texaco Inc. shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Kempsville Road, as shown on that certain plat entitled: "Plan of Encroachment Agreement For Texaco, Inc.," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Texaco Inc. and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City right-of-way of Kempsville Road by the Texaco Inc. and that the Texaco Inc., its assigns and successors in title shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the Texaco Inc., its 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 August 1, 1983 -64- fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Texaco Inc. executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of August 1983 MES/re 5/30/83 (29B) APPROVED AS TO COMTENT 5IGNATURE DEPARTMENT il IOFORM C, @, -,,,T 7.i@EY -2- August 1, 1983 -65- Item 11-G.21 CONSENT AGENDA ITEM # 20374 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an ordinance appointing Viewers in the petition of Jobn Franklin, III, and Martha D. Franklin for the closure of a portion of an alley bounded by Elm Avenue and Dare Drive (Lynnhaven Borough). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 1, 1983 -66- ORDINANCE APPOINTINO 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 Co.uncil, 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, Virgiriia, 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 851 45' 45" West a distance of 15 feet to a pin in the SE corner of Lot 13, Block 21, thencp North 041, 14' 15" West to the northernmost point of Lot 13, thence along a line having a radius of 988.37' 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. -67- 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. August 1, 1983 -68- Item II-G.22 CONSENT AGENDA ITF14 # 20375 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council DEFERRED for one week the Ordinance closing, vacating and discon- tinuing a portion of Poinciana Drive (Lynnhaven Borough) in the petition of Merlin Van Statzer and Rita Statzer. (This matter was deferred on June 20, 1983 until August 1, 1983.) (Applicant had requested this item be deferred for an additional week, thus the action by Council this date.) 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 August 1, 1983 -69- Item II-G.23 CONSENT AGENDA ITEM # 20376 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council APPROVED the low bid of Asphalt Roads and Materials Company, Tnc. in the amount of $254,438.70 for the 1983-84 Bituminous Concrete Schedule for Completed Utility Projects; 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, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 1, 1983 -70- Item II-G.24 CONSENT AGENDA ITEM # 20377 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council APPROVED the following Raffle Permits: Ocean Park Women's Club Tidewater Smocking Arts Guild Virginia Beach S.P.C.A. 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 August 1, 1983 -71- Item II-G.25 CONSENT AGENDA ITEM # 20378 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council APPROVED an Ordinance authorizing Tax Refunds in the amount of $1,695-20 upon application of certain persons and upon certification of the Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 1, 1983 NO. C.A. 7 -7 2- 7/1 5/83 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following appilcations for tax refunds upon certification of the Treasurer are hereby approved: NANE Tax Type Ticket Exonera. D:!de Penalty lnt. Total Y ear of Tax Number tion NO. p i infred 0 & Ruby L Stant 80 RE(1/2) 60579-8 11/21/79 35.17 infred 0 & Ruby L Stant 80 kE(2/2) 60579-8 6/5/80 35.17 infred 0 & Ruby L Stant 81 RE(1/2) 71874-6 11/17/80 39.75 infred 0 & Ruby L Stant 81 RE(2/2) 71874-6 6/1/81 39.75 infred 0 & Ruby L Stant 82 RE(1/2) 74928-5 11/16/81 43.37 infred 0 & Ruby L Stant 82 RE(2/2) 74928-5 5/19/82 43.37 atricia J van den Berg 82 RE(1/2) 80395-6 12/5/81 72.00 atricia J van den Berg 82 RE(2/2) 80395-6 6/5/82 72.00 nnio & Virginia J Opalio 83 RE(2/2) 93961-2 6/5/83 95.88 ohn E Dreuitt 83 RE(1/2) 22564-2 4/4/83 10.60 eorge L & Priscilla A Ayers 83 RE(1/2) 3306-5 12/3/82 14.44 iley H Chow et ux 83 RE(1/2) 14634-5 12/5/82 896.40 rican Video 83 pp 2678-6 6/5/83 271.26 Paul D Henderson 83 pp 64010-3 6/5/83 26.04 Total 1,695.20 JUL 1 IqRl DEP'T- OF LAW This ordinance shall be effective from date of adoption. The above abatement(s) totaling e $3 695 20 were approved by the Council of the City of Virginia Beach on the i . t day of 1983 r( A ved as to form.. Ruth Hodges Smith City Clerk lt'3 August 1, 1983 -73- Item II-H.6 PLANNING ITEM IT04 #20379 (moved forward on the Agenda) Senator Joseph Canada represented the applicant. Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council voted to ADOPT the ordinance upon application of MARY 1. RAMUS for a Change of Zoning from B-2 to R-8 (MODIFIED from B-4) with the two stipulations outlined in the City Manager's letter of August 1, 1983, understanding that City sewer is not yet available and a septic tank will be used until sewer becomes available, per the following: ORDINANCE UPON APPLICATION OF MARY 1. RAMUS FOR A CHANGE OF ZONING FROM B-2 TO R-8 (MODIFIED FROM B-4) Z0883734 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Mary I. Ramus for a Change of Zoning District Classification from B-2 Community-Business District to R-8 Residential District on certain property located on the south side of Bayside Road beginning at a point 390 feet more or less east of Ellis Avenue, running a distance of 85.12 feet along the south side of Bayside Road, running a distance of 132 feet in a southeasterly direction, running a distance of 84.42 feet along the northwest side of Shell Road and running a distance of 171.40 feet in a northwesterly direction. Said parcel contains 13,288 square feet. BAYSIDE BOROUGH. The following may be required: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the First day of August, Nineteen Hundred Eighty-Three. Voting: 11-0 Council Members Voting Aye: John A. Baun, 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 August 1, 1983 -74- Item II-H.6 PLANNING ITEM ITEM #20380 (moved forward on the Agenda) Senator Joseph Canada represented the applicant. Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council voted to ADOPT the ordinance upon application of MARY I. RAMUS for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF MARY I. RAMUS FOR A CONDITIONAL USE PERMIT TO OPERATE A HOME FOR ADULTS R0883560 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Mary 1. Ramus for a Conditional Use Permit to operate a home for adults on certain property located on the south side of Bayside Road beginning at a point 390 feet more or less east of Ellis Avenue, running a distance of 85,12 feet along the south side of Bayside Road, running a distance of 132 feet in a southeasterly direction, running a distance of 84.42 feet along the northwest side of Shell Road and running a distance of 171.40 feet in a northwesterly direction. Said parcel con- tains 13,288 square feet. BAYSIDE BOROUGH, The following may be required by the staff: 1. City water and sewer. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the First day of August, Nineteen Hundred Eighty-Three. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 1, 1983 -7 5- Item II-H.1 PLANNING ITEM ITEM # 20381 Channing Phiffer of Tidewater Builders Association spoke in favor of the ordinance. Ray LeSesne of the Council of Civic Organizations spoke in opposition. Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the Planning Commission and ADOPTED the Ordinance to amend and reordain Article 6, Section 602, of the Comprehensive Zoning Ordinance pertaining to Lot, Yard, Open Space, Density, Height, and Lot Coverage requirements in the A-1 Apartment District. (This item was voted on June 6, 1983 to be expedi.ted from the July 12, 1983 Planning Commission to the August 1, 1983 City Council meeting.) Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, W. H. Kitchin, III, Meyera E. Oberndorf Council Members Absent: None August 1, 1983 -76- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6, SECTION 602 OF TnE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO LOT, YARD, OPEN SPACE, DENSITY, HEIGHT, AND LOT COVERAGE kEQUIREMENTS IN THE A-1 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 6, Section 602, lot, yard, open space, density, height and lot coverage requirements in the A-1 apartment district of the C.Z.O., be amended and reordained as follows: Section 602. Minimum lot area, lot width, yard spacing, recreation space, maximum density, height, and lot coverage regulations. Within an A-1 Apartment District, the following shall constitute the lot, yard, and open space requirements: (a) The minimum lot area for multiple-family, elngle family duplex, and semi-detached dwellings prineipal-ase@ shall not be le9a-than ten thousand (10,000) square feet,-, and the minimum lot area for single-family dwellings shall be five thousand (5,000) square feet, provided, however, that the miinimum lot area for each section of semi-detached dwellings shall be five thousand (5,000) square feet. No minimum lot area shall be required of any off-street parking facility located on a zoning lot other than the zoning lot on which the principal use is situated, to meet parking requirements oE a permitted use; and provided, further, that the minimum lot area for any use other than as hereinabove provided shall net be less-them forty thousand (40,000) square feet;, provided, however, that the minimum lot area for churches shall be three (3) acres. (b) The minimum lot width for multiple-family dwellings shall be one hundred (100) feet, for single-family shall be eiejhty-fgg@ forty-five (45) feet and for duplex shall be seventy-five (75) feet. The minimum lot width for each section of semi-detached dwellings shall be thirty-five (35) feet. No minimum lot width shall be required of any off-street parking facility, located on a zoning lot other than August 1, 1983 -7 7- the zoning lot on which the principal use is situated, to meet parking requirements of a permitted use; and provided, further, that the minimum lot width for any use other than as hereinabove provided shall neL- be I-ess-them one hundred fifty (150) feet. (c) The minimum yard requirements for multiple-family, single-family, duplex, and semi-detached shall be as follows: (1) Front yards shall have a minimum depth of fifteen (15) feet for multiple-family, s+ngie-familyt duplex, and semi-detached dwellings, tises and a minimum depth of twenty (20) feet for single-family dwellings and for uses other than the foregoing. Such front yards shall, except for necessary access walks and drives, be maintained in landscaping and shall not be used for parking. (2) Side and rear yards shall have the following minimum depths: (i) Side and rear yards shall be ten (10) feet in the case of multiple-family, s+nej3!e- familyT and duplex For single-family dwellings, the minimum rear yard shall be ten (10) feet and the minimum side yard shall be eight (8) feet. Notwithstanding the above, there shall be no required side yard on one side of a single-family dwelling (the "Zero" side), provided the following requirements are met: (a) The reguired side yard opposite the Zero side shall be at lea t ten (10) feet. (b) The required side yard on the lot adjacent to the Zero side shall be at least ten (10) feet. (c) The Zero side shall be so designated on the subdivision plat in accordance -2- August 1, 1983 -78- with section 4.4(i) of the Subdivision Ordinance. (ii) For semi-detached units, the rear yard shall be ten (10) feet and the side yard shall be eight (8) feet; and (iii) Fifteen (15) feet in all Other cases. Adopted by the Council of the City of Virginia Beach, virginia, on the 1st day of August 1983. CMS/da (B.1) 7/27/83 August 1, 1983 -3- -7 9- Item II-H.2 PLANNING ITEM TTEM # 20382 Attorney Grover Wright represented the applicant. Attorney Bill Wahab represented the Lynnhaven Colony Civic League. Attorney Glenn Croshaw represented the estate of Clyde Absolem. A motion was made by Councilman Jennings, seconded by Councilman Baum, to approve the Ordinance closing, vacating, and discontinuing a portion of Kleen Street and Cape Henry Drive in the petition of LYNN BEACH ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP, subject to the addition of a sixth item and approving Items 1 through 5 in the City Manager's letter of August 1, 1983. After discussion, an AMENDED MOTION was made by Councilman Jennings, seconded by Councilman Baum, to APPROVE the above stated Ordinance, subject to deletion of Item 1, approval of Items 2, 3, 4, and 5, and the addition of a sixth item as follows: 6. Retention of public pedestrian access of easement (walkway) to the Beach in a generally north-south direction along Kleen Street. Voting: 7-4 Council Members Votirig Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: None August 1, 1983 -80- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS OF VARIABLE WIDTH KNOWN AS KLEEN STREET AND HOLLY AVENUE (A/K/A CAPE IIENRY DRIVE), LOCATED IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT PORTIONS OF KLEEN STREET AND HOLLY AVENUE,,, WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK , AT PAGE WHEREAS, it appearing by Affidavit that proper notice has been given by Lynn Beach Associates, a Virginia general partner- ship, that it would make application to the Council of the City of Virginia Beach, Virginia Beach, Virginia, on 1983, to have the hereinafter described streets discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said streets 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 streets be discontinued, closed and vacated: ALL THOSE certain parts or portions of Holly Avenue (also known as Cape Henry Drive) and of Kleen Street being and located in the City of Virginia Beach, Virginia, and being more particularly described as follows: Beginning at a point in the southwestern corner of Lot 22, Block 1, on the Plat of Lynnhaven Beach which said plat is duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 71; from said point of beginning, thence N 05@ 21' W along the eastern line of Kleen Street to a point, which point is the intersection between the eastern line of Kleen Street and a prolongation in an eastward direction of the northern lot line of Lot 18, Block 8, Plat of Lynnhaven Shores (M.B. 7, P. 167 in the aforesaid Clerk's office); thence S 801 08' W 60.19 feet to a point in the western line of Kleen Street, which point is also the northeastern corner of said Lot 18; thence S 051 211 E along the western line of Kleen Street a distance of 220 feet to the northwestern intersection of Kleen Street and Holly Avenue (a/k/a Cape Henry Drive); thence S 80' 081 W along the northern line of Holly Avenue 167.04 feet; thence S 09@ 52' E 25 feet; thence N 80@ 08' E 402.53 feet; thence N 09@ 52' W 25 feet to the southeast corner of Lot 22 in said Block 1; thence S 80@ 08' W 175.3 feet to the place or point of beginning. August 1, 1983 -81- Said parcels of land being portions of Kleen Street and Holly Avenue (a/k/a Cape Henry Drive) as indicated on that certain plat of property to be vacated along existing Kleen Street and Holly Avenue (a/k/a Cape Henry Drive) for Lynn Beach Associates, a Virginia general partnership, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book I at page _, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. SECTION III -2- August 1, 1983 -82- Item II-H.3 PLANNING ITEM ITEM # 20383 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED the Ordinance closing, vacating, and discontinuing a portion of an undeveloped 30-foot right-of-way which runs north from Hatteras Road to Citation Drive in the petition of DAVID F. AND TINA L. ELLIS (Kempsville Borough). Council approved this request on November 1, 1982 subject to condi- tions. These conditions were met. (This item had been deferred previously 30 days on 5/9/83, 2 weeks on 6/13/83, 1 week on 6/27/83, and on 7/5/83 to 8/1/83.) Voting: 10-0 (FINAL APPROVAL) 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, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones August 1, 1983 -83- ORDINANCE NO. AN ORDINANCE CLOST, G, VACA NG AND DISCO NUN A PORTION OF THA N 171 NTI I T CERTA N STREET 30 FEET WIDE RUNNING NORTH BETIIEEN HATTERAS ROAD AND CffAnON DRIVE LOCATED IN KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA 11 q Ul WHEREAS, proper notice that David F. and Tina L. F i. wo d make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion of Ihat certain undeveloped street, 30 feet wide running North between Hattera.% Road and Citation Drive clo.Red, vacated and discontinuted wa.% duly advertised; and WHEREAS, the Petitioner, as owning part of the property abutting said street, which i, effected by its closure, has requested that said street be closed; and WHEREAS, application was made to the City Planning CommL%sion and to the City Council, and, pursuant to the statutes In such ewes made and provided, the Council appointed Viewers who have reported to the Council that no inconvenience to the public or to private tndivi- duals would re,.;ult from such cl@ng.-,, vacating and discontinuance; and WHEREAS, it Lq the judgment of the Council that the said street should be closed, vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA: Section 1: That the said undeveloped street 30 feet wide running North between Hatteras Road and Citation Drive described below, located in the Kempsville Borough of the City of Virginia Beach, Virginia, iq hereby closed, vacated and dL,;continued, said street not being needed for public tlse- "A portion of that certain undeveloped street situate in Virginia Beach, Virginia, known &% 11301 RIGHT-OF-WAY", commencing at the northeast corner of Parcel B a% shown on that certain plat entitled "Huntington - Section l(M.B. 56, P. 19) where -;aid point abutts the southern line of Citation Drive and from said point of beginning running along the we%tern boundary of Parcel B S 22' 231 1011 W a di,,tance of 226.961 to a pin; thence turning and lit.l@;YS AT 1,AW running in a southeasterly direction parallel with .'fA HF.A( 11, VA 2:1412 Kempsville Road S 23' 001 E a distance of approxima- tely 451 to a point on the western property line of Lot 21; thence running along the westerly property -1- August 1, 1983 -84- pin on the soutbwestern boundary of Lot 1, Block C, Huntington - Section 1; thence con- tinuing in a northerly direction along the western line of Lot 1, N 22*23"10' E a dis- tance of 142.161 to a point on the eastern line of Citation Drive; thence turning and running in a southwesterly direction a dis- tance of 45' to a pin, which pin is the point .of beginning. Section 2: A copy of this Ordinance, certified by the. Clerk, shall be spread upon the public records in tbe Clerk's Office in tbe Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the City of Virginia Beach as Grantor. Section 3: This Ordinance shall be effective thirty (30) days from date of passage. 6.11.12.c Adopted by the Council of the City of Virginia Beach, Virginia on the First day of August, Nineteen Hundred Eighty-Three. -2- August 1, 1983 -85- Item II-H.4 PLANNING TTEM ITEM # 20384 Attorney Edward Caton represented Drs. Visser, Martin and McQuire. Attorney Glenn Croshaw represented the applicant and presented a letter from Wilbur Smith and Associates, Tnc. addressed to Mr. Sam Scott which is hereby made a part of the record. Martha J. Clukey represented Wolfsnare Civic League. Sam Scott of Cavalier Properties spoke. A motion was made by Councilman Jennings that City Council RETAIN the condition of approval for the rezoning adopted December 20, 1982, relating to the applica- tion of CAVALIER PROPERTIES, A LIMITED PARTNERSHIP, for a Change of Zoning district classification from B-2 Community-Business District to A-2 Apartment District: "5. Improvement of existing median cut in the southerly direction to include a left-turn lane." There was no second to the motion by Councilman Jennings. Upon motion by Councilman McCoy, seconded by Councilman Kitchin, City Council voted to uphold the recommendation of the staff and ADOPTED the deletion of the condition for "improvement of existing median cut in the southerly direction to include a left-turn lane". Voting: 9-2 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, TII, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum and H. Jack Jennings, Jr. Council Members Absent: None August 1, 1983 -86- REQUESTED BY: CITY MANAGER AN ORDINANCE TO REPEAL A CERTAIN REQUIRE.@4ENT OF AN ORDINANCE ADOPTED DECEMBER 20, 1982, RELATING TO THE APPLICATION OF CAVALIER PROPERTIES, A LIMITED PARTNERSHIP, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY-BUSINESS DISTRICT TO A-2 APART,4ENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following language is hereby repealed and deleted fro@-n the ordinance approving the zoning application dated December 20, 1982 for Cavalier Properties, a limited partnership, for a change of zoning district classification from B-2 to A-2. "Improvement of existing med-ian cut in the Southerly direction to @,nclude a left-turn lane." This ordinance ghall be effective from the date of its adoption. ADOPTED: AuRust 1, 1983 JDB: er 7 -27 -8 3 August 1, 1983 -87- Item II-H.5 PLANNING ITEM ITEM # 20385 Attorney Grover Wright represented the applicant. The following also spoke: Attorney Carl Isbrandtsen, Baylake Pines/Ocean Park Civic League. Tuck Bowie, Engineer, Talbot and Associates. Thomas L. Ackiss, President, Baylake Pines Civic League. James R. Healy, Board of Directors, Water Oaks Condominium Association. Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Council voted to DEFER the application of DONALD L. MOORE for a Change of Zoning from R-9 to R-8 for one week until a full report is obtained from the City Attorney's office. ORDINANCE UPON APPLICATION OF DONALD L. MOORE, T/A MARSHA LYNN BUILDING CORP., FOR A CHANGE OF ZONING FROM R-9 TO R-8 Ordinance upon application of Donald L. Moore, T/A Marsha Lynn Building Corp., for a Lhang@o nin District Classification from R-9 Residential- Townhouse District to R-8 Residential District on parcels located on the east side of Indian Hill Road and the west side of Lakeside Drive. Parcel 1: Located on the east side of Indian Hill Road beginning at a point 450 feet more or less north of Bayville Road, running a distance of 1257 feet along the western property line, running a distance of 145 feet along the northern property line, running a distance of 1112.50 feet along the eastern property line, running a distance of 90 feet along the southern property line, running a distance of 50 feet in a northerly direction and running a distance of 82 feet in a westerly direction. Parcel 2: Located on the west side of Lakeside Drive beginning at a point 730 feet more or less northwest of Shore Drive, running a distance of 721.35 feet along the west side of Lakeside Drive, running a distance of 116.96 feet along the northern property line, running a distance of 655.34 feet along the western property line and running a distance of 225 feet along the southern property line. Said parcels contain 6.4 acres. BAYSIDE BOROUGH. Voting: 11-0 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None August 1, 1983 -88- Item II-H-7 PLANNING ITEM ITEM # 20386 Alan W. Fulmer, builder, represented the applicants. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and ADOPTED an ordinance upon application of SHIRLEY J. AND JOHN A. SMITH for a Conditional Use Permit for a single-family home in the AC-1 District. Vice Mayor Henley commented the applicant should be made aware of a private road and the requirements necessary for same to be made a public road. ORDINANCE UPON APPLICATION OF SHIRLEY J. AND JOHN A. SMITH FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY HOME IN AN AG-1 AGRICNTURAL DISTRICT R0883561 BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Shirley J. and John A. Smith for a Conditional Use Permit for a single-family home in the AG-1 Agricultural District on certain property located 2546.64 feet north of London Bridge Road and Lot A-22, Plat of Princess Anne Hunt Club, Inc. Property is located at 2284 London Bridge Road and contains 5.52 acres. PRINCESS ANNE BOROUGH. The following may be required by the staff: 1. Compliance with required criteria for installation of septic tanks in poorly-drained soils. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the First day of August, Nineteen Hundred Eighty-Three. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 1, 1983 -89- Item II-H.8 PLANNING ITEM ITEM # 20387 Attorney William Burnside represented the applicant. Norman Anderson represented the Wolfsnare Acres Civic League and presented a letter which is hereby made a part of the record. Dr. George Stallings, Pastor of First Colonial Church, spoke. A motion was made by Councilman Jennings, seconded by Councilman Heischober, to approve tbe application of FIRST COLONIAL BAPTIST CHURCH for a Conditional Use Permit for a Christian Life Center, subject to the Planning Commission's recommendations; however, deleting Item 2 and amending Item 3 to read: "3. A proper buffer and landscaping along the western property line be retained and protected." A SUBSTITUTE MOTION was made by Councilman Baum, seconded by Councilwoman Creech, to APPROVE the subject application subject to all four conditions outlined in the City Manager's letter dated August 1, 1983. ORDINANCE UPON APPLICATION OF FIRST COLONIAL BAPTIST CHURCH FOR A CONDTTIONAL USE PERMIT FOR A CHRISTIAN LIFE CENTER R0883562 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of First Colonial Baptist Church for a Conditional Use Permit for a Christian Life Center (church and related facilities) on certain property located on the west side of First Colonial Road beginning at a point 230 feet more or less north of Wolfsnare Road, running a distance of 254.61 feet along the west side of First Colonial Road, running a distance of 526.69 feet along the northern property line, running a distance of 281.28 feet along the western property li-ne and running a distance of 565.52 feet along the southern property line. Said parcel is located at 929 First Colonial Road and contains 3.46 acres. LYNNHAVEN BOROUGH. The following may be required: 1. City water and sewer. 2. Improvement of the existi.ng ditch along the western property line in accordance with the Wolfsnare Ditch Plans on file in the City Engineer's office. 3. A proper buffer and landscaping along the western property line. As a condition of the use permit, the following is required: 1. Dedication of a 30-foot drainage easement along the western edge of this property for the Wolfsnare Ditch Improvements AND a 15- foot dedication along the frontage on First Colonial Road, as per agreements between the church and the City in 1973. Said dedica- tions have never been made. This Ordinance shall be effective from the date of adoption. Adopted by the Counci.1 of the City of Virginia Beach, Virginia on the First day of August, Nineteen Hundred August 1, 1983 -90- Item II-H.8 PLANNING ITEM (continued) ITEM # 20387 Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: Harold Heiscbober, H. Jack Jennings, Jr., Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None August 1, 1983 -91- APPOINTMENTS ITEM # 20388 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPOINTED the following to serve on the TASK FORCE to design a Request for Proposal for DAY CARE SERVICES, as part of the JOBS BILL: BENJAMIN MOORE Community Development Department JOHN PERRY / ALICE GREEN Citizen Advisory Committee NANCY HINCH Social Services REBA S. McCLANAN Council Member MEYERA E. OBERNDORF Council Member 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 August 1, 1983 -9 2- Item 11-J.1 NEW BUSINESS ITEM # 20389 Jill Seay, sponsored by Councilman Robert Jones, requested Council assign a special committee to investigate the possibility of relighting the "Flame of Hope". Mrs. Seay presented Council with written background information (hereby made a part of the record). Mayor Jones referred the matter to the Military Liason Committee and requested the City Manager obtain cost estimates, etc. Item IT-J.2 NEW BUSINESS TTEM # 20390 The legal staff will review the report of the Water/Sewer Bond Information Committee which is scheduled for the Formal Agenda August 8, 1983. Mr. Nick Maurio voiced his concerns about funds appropriated regarding water and sewer. Item II-J.3 NEW BUSINESS ITEM # 20391 The Navy will host a meeting in Panama City, Florida on August 10, 1983 for the viewing of the LCAC vehicles. Members of Council and the Mayor's Air Cushion Vehicle Advisory Committee were invited to attend. August 1, 1983 - 93- Item II-K. ADJOURNMENT ITEM # 20392 By consensus, Council adjourned at Five Fifty in the evening. Joan M. Keith Deputy City Clerk @layo @t@h Hdges Sieith, CMC City Clerk City of Virginia Beach Virginia /jk August 1, 1983 "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUIS R. JONES, B.y@id. 8 .... gb VICE-MAYOR BARBARA M. HENL.EY, P@@,. B.,..gh JOHN A. RA (;M, B.,..gh ,VANCY A. ( REECH. At L.,g@ IIAROLD IIE'ISCIIOBER, Af L.,g, ii. JACK JENNFN(;S. JR.. ly..b.... B-@.gb ROBERT (;. ]ONES, A, L.,g@ W. Ii. KITCIIIN, ill. Vilgl-,- B@-lb REBA S. 1/21,CLANAN. P,,@ ... @ A,.@ B .... gh 212 CITY HAI L BVILDING 1. IIENRY 61,COY, JR., K,.p..ill. B.--gb MUNICIPAL CENTER MEYERA E. ORERNDORP. At L.,g, VIRGINIA BEACif, VIRGINIA 2345(, R(ITH HOV(;ES SMITOI, CMC. Cily Cillk (804) 427-4 303 CITY COUNCIL AGENDA August 1, 1983 Meeting: 9:00 a.m- - Planning Workshop (Reconmendations to include Conditional Zoning, Agreements of Voluntary Compliance, and Rezoning Process. ITEM I INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council E. CITY MANAGER'S ADMINISTRATIVE ITEMS: 1. Water/Sewer Bond Information Committee: Report by Mr. A. J. Chewning, III. 2. Architectural Program for the Central Library: Report by Mr. B. Franklin Hemphill, Library Consultant. 3. Proposed Parking on Atlantic Avenue During Winter Months: Discussion. 4. Task Force for Jobs B@ill to Design a Request for Proposal f@@ n@, r@@@ - --------- ------ ------ ------ ------ 6. Back Bay Committee Workshop Proposed for September 12, 1983: Discussion. 7. Interim Financial Report for June 30, 1983: Discussion by Mr. Giles G. Dodd, Director of Finance Department. 8. CIP Quarterly Status Report for Quarter Ending JuTle 30, 1983 Discussion by Mr. Giles G. Dodd, Director of Finance. 9. Review of Consent Agenda. ITEM II FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Roy N. Wilson Church of Christ, Oceana 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 July 11, 1983. E. RESOLUTIONS 1. Resolution by the Council of the City of Virginia Beach that the Department of Highways and Transpor- tation revise the priorities for construction of the Great Neck Road improvements to provide for immediate construction of Section C-501 to provide relief for the residents of Chelsea and Green Hill Far,ms. 2. Resolution authorizing the City Manager to install a traffic signal at the intersection of Great Neck Road and Upper Chelsea Reach. 3. Resolution authorizing a Modification to the Design of the North Beach Drainage Project. F. ORDINANCES 1. Ordinance to Amend and Reordan Section 2-81 of the Code of the City of Virginia Beach, Virginia, per- taining to Mandatory Retirement Age. 2. Ordinance to Amend and Reordain Section 2-217.2 of the Code of the City of Virginia Beach, Virginia pertaining to Awarding Contracts. 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. Tf discussion is de- sired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution of Appreciation to Russell 0. Siler for his services as Chairman of the Community Services Board. 2. Resolution authorizing the City Manager to execute the required documents transferring and assigning the City of Virginia Beach's interest in such gifts to the Vir- ginia Museum of Marine Sciences Foundation, Inc., to be used specifically for the financial assistance of the Virginia Museum of Marine Sciences. (On February 14, 1983, City Council accepted as gifts interests in Chesapeake Oil and Gas 1980 #7, a limited partnership, and contract rights in three Pennsylvania oil wells owned by Bold Venture, a general partnership. ) ITEM II G. CONSENT AGENDA (Cont'd) 3. Ordinance to Amend and Reordain Chapter 2 of the Code of the City of Virginia Beach by adding a new section relating to amendments of the Annual Budget Ordinance. 4. Ordinance to Provide for the Payment of Worker's Compensation Benefits to Members of the City Council. 5. Ordinance Authorizing Certain Events Conducted on City Property to be Exempt from the Prohibition against working or transacting business on Sunday. 6. Ordinance, on SECOND READING, to accept $2,575,000 fram the Department of Housing and Urban Development and to appropriate these funds for certain projects and pur- poses. 7. Ordinance, on FIRST READING, to revise certain revenue estimates and reduce appropriations in the 1983-1984 Fiscal Year Operating Budget. (Con,titutional Officers) 8. Ordinance, on FIRST READING, to appropriate funds of $2,000,000 to the School Capital Projects Fund. 9. Ordinance to Transfer Funds f $50,000 from Water and Sewer Fund Reserve for Contingencies to the Water and Sewer Capital Projects Fund for Legal Services as re- quired for the Lake Gaston Water Resource Project. 10. Ordinance to Transfer Funds of $24,000 to Continue Bulk Mailing by the Department of Parks and Recreation. 11. Ordinance to Transfer Capital Project Funds of $44,768 from Project 2-815 Stumpy Lake Drainage to Project 2-812 Oceana N.A.S. Entrance. 12. Ordinance to Transfer Funds within the FY 84 TVASAP Budget to establish twelve full-time permanent positions. 13. Ordinance Authorizing a $45,000 Temporary Cash Advance to the Department of Economic Development. 14. Ordinance to Transfer Capital Project Funds of $111,496 from Project 2-815 Stumpy Lake Drainage to Project 2-997 Indian Lakes Boulevard. 15. Ordinance to Transfer Capital Project Funds of $97,000 between Capital Projects to Provide a Sewer Pump Station for Croatan Beach Area. 16. Ordinance to Transfer Funds of $45,000 within the Depart- ment of Public Works to Provide for the Use of Temporary Labor Services. 17. Ordinance to Authorize a Temporary Encroachment into a portion of the right-of-way of Close Avenue to Ocean Point Properties, Inc., its assigns and successors in title. 18. Ordinance to Authorize a Temporary Encroachment into a portion of the right-of-way Newtown Road to Mr. George E. Langley, his heirs, assigns and successors in title. ITEM II G. CONSENT AGENDA (Cont'd) 19. Ordinance to Authorize a Temporary Encroachment into a portion of the right-of-way of Sandfiddler Road to Mr. Robert S. Dolsey and Mr. Louis D. Parham, Jr., their heris, assigns and successors in title. 20. Ordinance to Authorize a Temporary Encroachment into a portion of the right-of-way of Kempsville Road to Texaco, Inc. 21. Ordinance appointing Viewers in the petition of John Franklin, III, and Martha D. Franklin for the closure of a portion of an alley bounded by Elm Avenue and Dare Drive (Lynnhaven Borough). 22. Ordinance closing, vacating and discontinuing a portion of Poinciana Drive (Lynnhaven Borough) in the petition of Merlin Van Statzer and Rita Statzer. (This matter was deferred on June 20, 1983 until August 1, 1983) (Applicant has requested that this item be deferred for an additional week.) 23. Low bid of Asphalt Roads and Materials Company, Inc., in the amount of $254,438.70 for the 1983-84 Bituminous Concrete Schedule for Completed Utility Projects; AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. 24. Raffle Permits: Ocean Park Women's Club Tidewater Smocking Arts Guild Virginia Beach S.P.C.A. 25. Request of the City Treasurer for Tax Refunds in the amount of $1,695.20. H. PLANNING ITEMS 1. Ordinance to Amend and Reordain Article 6, Section 602 of the Comprehensive Zoning Ordinance Pertaining to Lot, Yard, Open Space, Density, Height, and Lot Coverage Re- quirements in the A-1 Apartment District. (This item was voted on June 6, 1983 to be EXPEDITED from the 7/12/83 Planning Commission to the 8/1/83 City Council.) a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 2. Ordinance closing, vacating, and discontinuing a portion of Kleen Street and Cape Henry Drive in the petition of Lynn Beach Associates, a Virginia General Partnership. (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Conoission and the Viewers concur for denial. 3. Ordinance closing, vacating, and discontinuing a portion of an undeveloped 30-foot right-of-way Which runs north from Hatteras Road to Citation Drive in the petition of David F. and Tina L. Ellis (Kempsville Borough). Council approved this request on November 1, 1982 subject to con- ditions. These conditions have been met. (This item had been deferred previously 30 days on 5/9/83, 2 weeks on 6/13/83, 1 week on 6/27/83, and on 7/5/83 to 8/1/83) a. Letter from the City Manager transmits the recommendation for FINAL APPROVAL. ITEM 11 FORMAL SESSION (Cont'd) J. NEW BUSINESS K. ADJOURNMENT 1. Motion to Adjourn. Senator Trible's Town Hall Meeting Virginia Beach City Council Chambers 8:00 P.M., August 5, 1983 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia P L A N N I N G W 0 R K S H 0 P August 1, 1983 9:00 a.m. City Manager Thomas Muehlenbeck stated the purpose of the workshop was to discuss three items, as follows, for Council to review: 1. Conditional Zoning 2. Agreements of Voluntary Compliance 3. Rezoning Process Efforts to coordinate this workshop were prompted by Vice Mayor Barbara M. Henley and Councilwoman Nancy A. Creech. Correspondence (consisting of several pages) pertaining to the stated topics directed to City Manager Muehlenbeck from Planning Director Robert J. Scott was distributed to Council members and is hereby made a part of the record. In outlining the subject matter, Mr. Scott gave brief analyses, after which discussion was held. In particular, the resolution regarding Comprehensive Zoning ordinance (adopted February 7, 1983) was discussed with the suggestion that it be reworded (second page of the resolution; page 42 of the Minutes of February 7, 1983; first paragraph, fourth line) to reflect: ...... shall be deferred for rehearing, by the Planning Commission, until such time Vice Mayor Eenley suggested a proposal be enacted regarding building in flood plains (next week's workshop, August 8, 1983). The following were present at the Planning Workshop: CITY COUNCIL John A. Baum Nancy A. Creech (arrived at 9:17 a.m.) Harold Heischober Vice Mayor Barbara M. Henley H. Jack Jennings, Jr. Mayor Louis R. Jones Robert C. Jones W. H. Kitchin, III (arrived at 9:40 a.m.) Reba S. McClanan J. Henry McCoy, Jr., DDS (arrived at 10:32 a.m.) Meyera E. Oberndorf STAFF Thomas Mueblenbeck, City Manager Jay Richardson, Chief Deputy City Attorney Jack Whitney, Chief of Comprehensive Planning Robert J. Scott, Director of Planning Michael J. Barrett, Assistant to the City Manager for Citizen Affairs David M. Grochmal, Assistant to the City Manager for Intergovernmental Relations M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 1, 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, August 1, 1983, at Twelve-Thirty in the afternoon. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Ki.tchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech Councilwoman Creech entered the meeting at 12:45 p.m. August 1, 1983