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HomeMy WebLinkAboutMAY 16, 1983 MINUTES "VVORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUIS R. IONI-.@5, B.y,,d, VICE-MAYOR IJARli,iRA Af. liENLEY, P,,,,g,, li,,,@,,h 1011,li A. BAIJAI, li@,,,,,b ,'iANCY A. (@REECII. ti L.,g@ ItAROLD IIE]SCIIOIJER. A, I,.,g, It. ]A(:K JR., I-,.,,h .... . .13,@ ...... ROBI-,RT G. jo,%IES, Al L,,,,, W. It. K17Cfi[N, lit. Vig ...... Ii ... h RE13A S. Al, CI.A A,,,,, 13@ ... @,b 1. flENRI' @NI, Cf)l', JR., MEYFRA I-,-. OIIEI@NDOIZU, Al [,.,g, t 2 R(ITII ilOD(;ES S,@IITII, (:MG, Cill, @:illk 1,11)4) 1- -i 3113 CITY COUNCIL AGENDA @lay 16, 1,983 ITEM I INFORTIAL SESSTO@L: 12:30 I,.m. A. CALI, TO ORD17R - @la,or l,ouis R. I,)iic,@; B. ROLL CAL], OF COUNCIT, C. MOTION TO RECESS INTO INFOIAIAI,/EXECUTTVE SI'ISSIO@T 1). PRESENTATION/I)TSCUSSION Of,' I'EL"FINENT MATTI',T,,S 1. @latters for disclission ])v @l@qyor. 2. Matters for diSCLIssion bv Co,,iicij. 3. Review of Plan i@n@@cms. E. CTTY MANAGER'S ADMINISTRATIVE ITf@@'MS: 1. Presentatioii by Mr. Durwood CurIjiLg of Llie- Sotit:ile@l!@terli Public Service AuthoriL,! Refuse Derivc,(i 11 Proposal. 2. Discussiati of Ilroposed Lea.@ Beach Eciuipment l@eiltal 3. Rcvi.ew of Conscnt Ageti,la. ITEM II l,'ORMAJ, Sl,'ISSION: '-):00 p.ni. A. INVOCATION: Reverend Roy R. Jackson Retired, Unitc@d @letliodLsL (@.oliferencc, B. PLEDGE OF AI,LFGIINCE TO TIIE ],LAG OF Till@' LINI'I'El) S'EATI@S 01@' @L,,,RICA C. ELECTRONIC ROLI, CALL OF COUNCIL D. MTNUTES OF PREVTOUS MEETTNC;: 1. Motioii to accept/approvc, ttic- Miniites of LI)c Sl@o,@icql MeeLing April 24, 1983. 2. Motion to accept/approvc tiic, Minut('s of the Rc@gular Mucting of M@ty 9, 1983. E. ['RESENTYI'TONS 1. Mayor's CoMMittee oii A@-,',iilg: CerL!fi(@att! Of C:c,Mme-Tid@iL[Oll t@) Sam ilotiston, Sr. 2. Procl.amation a. Ariped l@'orces Dav - May 21, 1983 P. CONSENT AGENDA All matters I.istcd under tlie Consent Agc@nda @irc, c,,c)iasicler,,cl ill the ordinary course of business by CiLy Councij ;tild kqjll l,c@ onacLed by one iiiotion iii tlie foriii Iistcd. I'licrc@ @,,ill i)e flo separate discussion of cliese itein.@. If discl,ssiola is that item will be removc@d Eroin tlie (@iiseiit Apeiictzi @itid separately. 1. Resolution endor!;i.ng the (@,ity's for tlc Clean Communitv System Prograin Grant for tlie sixtl, cycle in the amount of $18,837; ANT), @IL'ttl(,rizin,,, LI@,@ City Manager Lo 1)1@in, I)tldget ;ind appl, for tllis grint. 2. Resolution atithorizLLig the City @laria.-cr to exc,(,,Ite l Letter Stippleniont tc) tlie Mtiiii(@ii)@il Elec:Lri.c Servic(@ Agreement witli the Virgiiiia EICCLric an(i P,)wel- Company regarding metering contact (@lc3stircs iL Cr(,(@t) Run fl!Fli School. 3. Ordinance to amend and reorcIaLri Se(,rioii@ 21--12 ali(i 21-370 of the Code of the City of VirginLa Beach, Virginia, pertainiiig Lo .1.,)caL v,2hi(,Ie 4. Ordinance to ameiid aiid reordai.n Sec:tioii 4-50 )f tlie Code of the City of Virginia Beach, Virgini;i, I)eutziivl-- ing to groundfloor requirement,.3 @ind wilidow si)@ice of commercial r@,(,rc@ation c(@nLer.@. 5. Ordiiiance, on SECOND T@]@AJ)INC@, to @i(,,cept grLinLs Lot@il- ing $1,648 from the Unitod States DeparLment of Agriculture and to appropriate tlicse ftir)(Is. 6. Ordiliaiice to trai-isfer Capital. I)r,)ject Fuiads @f $10,000 from Project 2-916 Cedar Ili,ll Canal to Ilrojcct 2-401 Newtown Road-Pliase II. 7. Ordinaiice appointing viewers in tlie pc@ticion of (,,Iv Vacationer AssocLates for tlie clostire- oF a prtio@l of 34th Street between Atlantic Avenue and Atlantic Botilevard (Virginia Beacli Boulevard). ITEM 11 F. CONSENT AGENDA (Cont'd) 8. A financiiag proposal ti;is bc@en rcceived Irniii 11@@l f,,r the l@ise/pLirchqsc, of In IB@l 60/@-0 cof,ic!r beilig, rented by the Clerk of CircuiL Court. S()Iltllcril Nation,al I.easing Corl3oratioti o]-Fers @t sixty-iilonlh purcha@;e plan at 9.25% annii@ll interc,,;t. A@iLlioriz@i- tion is requested by the City Manzigel- Lc, C'[Ater ililo the ne(@essary zigrcem@.@iits Fc@r tle- C)i titis equipment. 9. R@iffl.c, perm@it: Pc,mbrol@e Manor Unitc2d (@hur,@li of (:Ilri,,L 10. Ccrtilicate of PubLic@ Coiive)aience aiid Nece.@sit,: Ms. Ruby Hall Dc)zi(!r L/@t Coastal Cabs, lilc. G. PLANNING 19'EIIS 1. PI,ANNING ITEMS BY CONSEN@' a. Application of J, C, & R Enterpri!ies for a concliti.oiial use permit for ac@mp@r i@,/ L)@ k@il@, IoL on @l 1.03- acre parcel located at the northeasl corner of Atlantic Avenue and 30tti Sti-eet (Virgiiiia Be,-Icf) Borough). 1. l,etter from Llic, C!Ly Mana@,er trzinsMiLS tll(' recommendation of tlie Planniiag, (lommisgioti for approval. b. Application of Jolin Vi. Vakos foi- a conclitional i'sc, permit for a cle renlal in coiiilliict-ion willi the oceanfront Inn on a 1. 3-acre parcel located ,it thc@ northeast corner of Atlantic Avcn(ie aiid 30til Street (Virgiiiia Beacti Borough). 1. Letter from tlie City Maiiager triii,@Olits thc, recommendation of the I'lani)jng Cominissioii for approval. 2. PLANNING ITE@IS FOR Dl,'LTBI'RATION a. Application of Stuart fielci fo3- .i var.laiiec, Lo SLcL@oii 4.4(b) of tiic, S b@ivision Ordiiiance wliicli Ltiat lot dimensiclas conforiii Lo Lii,, Zoning Ordi.nance. Thc, app.li,@ant wislie,, tc) stit)(livile. a 660-square fool (13.2'xSO') parccl off of a Izirgc@l- 7,000-sq@larc, foot 1)arcc@] (I.(,,L C) in ordcr to (@onvcv Lt to an adjoiniiig lot (LoL B), siiicc@ @j bLIldilif@ ' which currently exist@ on Li,@, site, extelids ovc!r Lile lot Iiiies. Tho site is lo(:ZILCCI oil t'le liorLIlk@e.@it corrier of ALlatitic Avenit, a@id 18LIi SLrc@ L (Virgiiiii Bc-acti Borougl,) . I . Lctter from tlie C[ty @l@,inagc@r traii,,3mit.,i Lll(, recommendation of Llic, I'laianifi@, ComiliLs@,I'on for @p@v@l. b. Application of Ann Landis @i F,,r @i c,)nd!Lio,l,@-1- use permit for a private school/StaLe ILcensed diiv 1)arcel locat(!d care center on a T),93T.68 s(luarc )o-t -- on the northwest corner of Clie,@,ter Street @ilid Waverly Drive (Lynnhaveii B,)rotigh). (City Council voted to c@xpedile tili@3 iL,@m on 3/7/8'3.) Letter from ttic, Citv @laiiager traiisinits tilc@ rccommendation al- tvie Plaiii)ing (ioitiiiiis@ioii for roilll. ITEM II G. PLANNTNG ITEMS ((3ont'd) 2. PLANNING ITEMS FOR DELIBIIRATION (CoriL'd) c Application of C"ll@, TCLL Cole ind David Fauber for a conditiona] Lise perillil ar- I'd for a @).I@x on a 5, 150-s(iii c o@ot pzirc, C, 17 c along the soutli sidc of Pinewool F)riv,.-, c-zist o@ Mediterraiiean Aveiiuc, (Vir,,inia Bc,@icti Borou_g;li) . 1. Lettcr from LI)e CiLy Maii@igcy Lr;ii@sRiiL@ Llic, recommendation of the Illinni,,@ Coii,iiiiisLo,) for deni,;jl. d. Apl,licatio,i of Hert)c@rr A. @ind C@iro'l,n A. (@ull)(,i)per for a chlan@ c)f zoni froni A(;-2 Agricu]Ltiral District to B-2 Communi @@i@in(,ss oil l - -@l (@ w-cl c, 1.17-acre parcel locared @tlc,tif Princess Aniie sotitli ol I'loii,l (Princ(,s@ Aiatic@ Boroigli). 1. I,cLtcr fr,)in tlie CiLy Ma,i,,iger tr@insiiiit'.@ Lll,l recaiiimendatLota of Llic Pl@qllillllg for denial. e. Application of llei-berl C. (;,,irolvii A. (@r and 11 0. Ilowers fc)r a rh, i oi zoii ilig from R-8 l@9[denti@il 1) ict to B-2 (@oinmtiiiitv- istr--- Business District; ANI) , zi condi.tional tisc @niit for a @elf-service" gas station on a 28,033-square foot parcel ocatc at tlie southeasl corner of Virgini@i Beach Boul vard and Oceana Boillevard (Lynntiaveii Borougli). 1. l,etter from tlie (:ity M,,iLiager tr@in@3ini.ts tlie recommendation oF Llic Planning Commis.@ioll for denial. f. Application of Della l,ee Barton for @l v@iriance to SLction 4.4(b) of tlie Subdivision Ordinanc@ whicli requires lot dimensions to conform to the ComDre- hensive Zoning Ordinzince. The applic;Ant wislies to subdivide a 14,520.9-sqiiarc, foot p@117cl iilto two lots, one of whicii will be a "@laF I.ot" confipurzi- tion. Proposed Lot A will. total 9,520.31-sqilll-C feet, while proposed Lot B will total 5,000.59- square feet. The site is locat:,@d alo[ig thc sotil]i side of Old Virginia B(!ach Boulovard, east of Realty Avenue (Lyiinliaven BoroLl@,11). (This matter was dcferred for iio [iicyrc! tl),]Ti tiirc,c,. weeks on April 25, 1983.) 1. Letter from the CLty Manager LransiniLs L[ie recoinmendation of tlie PI-atiiiing Commissioll for denial,. 9. Application of Mrs. .1. James Dzivis for a vlr,ia-ricc, to Section 4.4(b) f' tlic- @,@,F,@i-s-.i-on-Ordinance @viticii requires that lot dLmensLons colifoi,-m Lo Llic, Compr,@- liensive Zoning Ordin@ince. Tlie apl,li.cant wislics to ctividc a ]..39-aci-e 1)@ireel locLir.,,cl @it ilie corner of Pinewoocl Road aiid Hollad;ly TloinL int,) Lw,) parcels, one totaling 31,125.57-sqtiar(@ @C(@t (.714 acre - Lot 22-A) and tlie otiier LoLaliLl@!, 2@),637.73- square feet (.68 acre - Lot 22-B) (Vir,,,iiaizi Bec@eli Borough). (Tfiis inatter was deferred on Apri,l '@'5, 1983 @iL ti)C request of the appliciiit',@ attornev iAr)Lil todav.) 1. Letter from tiic, C!Lv @fcin@ig,,r ITEM II H. APPOINTMENTS 1. Board of Electrical Appeal@i 2. Tidewater Community College 3. Volunteer Council 1. UNFINISHED BUSTNESS 1. Community Development l,and Use Task Forc-,c, - Appoilitmc,.nts J. NEW BUSINESS 1. Green Run - Greenwich 23OKV I.Lne - VETICO tresentatioii K. ADJOURNMENT 1. Mation to adjourn. -10- Item II-D.1,2 MINUTES ITEM # 19989 Upon motion made by Councilman Baum, seconded by Councilwoman Creech, City Council APPROVED the Minutes of the Special Meeting of May 12, 1983, as read, AND the Minutes of the Regular Meeting of May 16, 1983, with corrections to Items 19932 and 19952 (said corrections were made prior to the meeting of May 23, 1983). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 23, 1983 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 16, 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, May 16, 1983, at Twelve Thirty-Five in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: W. H. Kitchin, III 5/16/83 -2- ITEM #19925 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 McCoy, seconded by Vice Mayor Henley, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III 5/16/83 -3- M A T T E R S B Y M A Y 0 R / C 0 D N C I L LTNDSLEY DRIVE ITFM # 19926 Councilman Jennings stated that he, City Manager Muehienbeck, Councilwoman McClanan, and Aubrey Watts attended a meeting of the First Colonial Civic League May 12, 1983, regarding the Lindsley Drive matter which has been equitably resolved. A letter dated May 13, 1983 addressed to the Mayor and City Council members from Nicholas S. Michaels, President, First Colonial Civic League, was given to each Council member and is hereby made a part of the record. "Recreation" has not been completely resolved but will be in the very near future. VIRGINIAN-PILOT LETTERS ITEM # 19927 Councilman Jones called attention to letters to the Editor of the Virginian-Pilot regarding salaries of personnel in the Treasurer's office. City Manager Muehlenbeck has agreed to review the inequity of this situation and report to Council. 5/16/83 -4- M A T T E R S B y C I T Y M A N A G E R SPSA PRESENTATION ITEM # 19928 Durwood Curling, Executive Director of Southeastern Public Service Authority (SPSA), presented historical as well as future projections of the Refuse Derived Fuel (RDF) Proposal as follows: In 1974, eight communities (through the Planning District Commission) decided to attempt solving the solid waste disposal problem in the area on a regional basis, all of whom had problems but the City of Virginia Beach. Through the Planning District Commission, a consultant was employed to determine alternatives for solving the problem. In the spring of 1977, the consultant published a report and recommended that the region use the resource recovery alternative by building a system at the Norfolk Naval Shipyard in Portsmouth that would utilize the solid waste from the eight communities -- some 575,000 tons estimated in 1985 -- to produce steam electricity for the Shipyard (their major energy problem: the power plant is worn out). The report was approved and, during the next year, the local communities came up with the "front-end" money necessary to do the original planning to obtain the Air Quality Permit from UPA, the Health Department permit, etc. By July 1978 the money was available and a staff was engaged to begin the initial work which included 30% design, cost estimating, obtaining the UPA permit, etc. This work was completed on time and within the budget in the spring of 1979. After this, negotiations began with the United States Navy for a contract to purchase steam and electricity from the Public Service Authority which was to build the waste processing plant, the transfer stations and the power plant at the Shipyard. Because these negotiations were not satisfactory, the Public Service Authority met with Congressmen Whitehurst and Daniel, Senators Warner, Byrd, and Navy personnel on June 30 to determine whether the project would proceed. The decision made as a result of that meeting was the project should be restructured -- rather than the Public Service Authority building the entire project, the Navy would build the power plant, own it and operate it, whicb represents approximately 75% of the cost of the project. In 1977, the Navy took the stand that it could not make appropriations required to build a new power plant; bowever, that situation changed and $160 million was appropriated for the power plant. The Navy has received the first increment of the $160 million; namely, approximately $33 million, and it has let the first contract for site clearing at the Shipyard. The remainder of the appropriation is to come in tbe next two budget years. As a result of the decision to restructure the project, negotiations began with the Navy in the fall of 1980 and were concluded in June 1981. An agreement on a contract was reached and submitted to the Navy in Washington for approval. Financing was based on a six-month approval process (now in the twenty-fourth month). It has been approved at all levels by the Navy and is now in tbe office of the Secretary of Defense. No specific date has been given for approval by Washington. After approval by the Secretary of Defense, it will go to the House Senate on Services Committee and will be there for 30 days for comments. If there are no comments, this constitutes approval of the contract. 5/16/83 -6- ITF24 # 19928 (continued) The other question involved with the Bond Anticipation Notes is that if the City of Chesapeake participates, obviously the obligations of Virginia Beach would be different. As yet, none of the communities (members of SPSA) has taken cash dollars out of pocket to fund the solid waste disposal program. All funding has come from borrowing by the Authority, backed by the faith and credit of the five communities. The plan is that if the project proceeds, borrowing will be paid off in the band issue for the Resource Recovery Project and none of the communities would have to come up with any capital. Payments would be made in the form of a tipping fee (a unit disposal cost per ton of garbage). The sheet entitled "Proportionate Shares - Bond Anticipation Notes" (hereby declared a part of the record) shows the present debt as $3,010,000 and the present commitment is $943,000 (of the $3,010,000). Without Chesapeake, the proposed renewal conanit- ment would be $1,203,000; with Chesapeake, the commitment would be $1,040,000. Chesapeake will be presenting its request at the SPSA Board meeting on May 25 to come into the solid waste program. At the present time, Virginia Beach is obligated for $943,000; if Virginia Beach drops out at this point it would pay off this figure. The tipping fee would decline as time progresses because the sale of energy would absorb more of the cost of operating tbe project as the cost of energy escalates. The Resource Recovery Plant in Portsmouth is predicated upon the Navy's participation. The cost estimate is out of date and SPSA included in the roll over the Bond Anticipation Notes. The $160 million is 100% Federal cost; the Authority has no share of that $160 million. The cost estimate for the Resource Recovery Plant, the transfer stations, and the rolling stock will be discussed at the Board meeting in the fall of 1983. The project has been reduced in scope, as far as the Authority is concerned, to approximately one-fourtb of what it was originally con- ceived to be. Initially, one of the problems with the project was that it was too big. Every major metropolitan area in the United States in the next decade will be into resource recovery. It has one big advantage -- it is a permanent solution to the solid waste disposal problem that communities face. The plan is to use the Virginia Beach landfill for the disposal of ash from the power plant (the power plant has tbe capability of burning 100% coal or 100% garbage, or any combination). That landfill has enough space for 30 years of use. 5/16/83 - 7- ITEM #19928 (continued) Virginia Beach generates approximately 40% of the solid waste in this area. It will still have municipal solid waste disposal costs. "Separation at the source" is not cost-effective. The contract provides for payment of the debt in its entirety should the Shipyard be closed. SPSA agreed to take the Navy's waste at the same cost as the cities pay. If the Navy does not come through, the alternatives are: (1) Option of participating in a regional landfill (which would greatly reduce the life of that landfill). (2) Continue to operate the landfill we now have until space in it is used. The obvious incentive for the Navy to spend $160 million is that they need a new power plant desperately. The private sector investor recoups his money because of the benefits accrued from the tax laws in approximately five years. Virginia Beach is needed to make the project work. Once this project comes on line, the Suffolk landfill would be used as a backup for the Resource Recovery Plant. Space in the Virginia Beach landfill would be used for ash in the power plant. The landfill would serve as a deposit place for the non-combustible waste from Suffolk, Franklin, Isle of Wight, Southampton, and Portsmouth. It is in the contract that Suffolk will not be able to use that landfill unless allowed by SPSA. LITTLE ISLAND PARK ITEM #19929 David Grochmal, Assistant to the City Manager/Intergovernmental Relations, presented Council a proposed lease agreement of Little Island Park for beach equipment rental (copy of which is hereby made a part of the record). There was only one bidder -- Thomas B. Shell, Jr. The City will provide lifeguards and parking attendants. This item will be presented again at the Informal Session of City Council on May 23, 1983 for further response. 5/16/83 -8- ADD ON ITEM # 19930 Oral Lambert, Director of Public Works, was elected President of the American Public Works Association (Virginia-Maryland-District of Columbia). The 1984 convention of the AP14A will be held in Virginia Beach. REVIEW OF CONSENT AGENDA ITIN # 19931 Consent Agenda Item number I was discussed. The staff is to make a presentation regarding the rural connunity program and determine its effectiveness; e.g., what are the laws and how effective are they. Consent Agenda Item number 3 (Code Amendment - Vehicle License) was discussed. The question as to whether the City can require vehicle decals was presented. It was decided to defer this item for three weeks (June 6, 1983) for further discussion. City Council RECESSED into EXECUTIVE SESSION at One Fifty in the afternoon. 5/16 /83 -9- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 16, 1983 2:35 p.m. Council Members Present: John A. Baum, Nancy A. Creech, @larold 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 Absent: None INVOCATION: Reverend Roy R. Jackson Retired, United Methodist Conference PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 5/16/83 -10- Item II-D.1 MINUTES ITEM # 19932 Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City Council voted to accept, as read, the Minutes of the Special Meeting of April 24, 1983 and April 27, 1983, and to accept the Munutes of the Regular Meeting of May 9, 1983, corrected as follows: Ttem #19874 Mrs. Nan Apperton is hereby corrected to read "Mrs. Nan Atherton". Mr. J. Cornette is hereby corrected to read "Mrs. J. Cornette". Item #19867 Beginning with the fifth line of the report by Councilwoman Oberndorf on the "Virginia Municipal League" the sentence is corrected to read as follows: "There is concern that not enough is known about the geology or hydrology regarding the mining of uranium or the mitigation after the groundwater and the surface water around it and how it will be affected." Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, 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: H. Jack Jennings, Jr. May 16, 1983 Item II-E.1 PRESENTATION ITEM # 19933 Mayor Louis R. Jones presented Sam Houston, Sr. a Certificate of Connnendation for dedicated service to the community in his untiring advocacy in the support of the elderly. With Mr. Houston were other members of the Mayor's Committee on Aging, who were also complimented for their services. 5/16/83 -1 2- Item II-E.2 PROCLAMATION ITFM # 19934 Mayor Louis R. Jones read the Proclamation (hereby made a part of the proceedings) proclaiming the week of May 15 - 21, 1983 as MILITARY APPRECIATION WEEK and Saturday, May 21, 1983 as ARMED FORCES DAY AT FORT STORY. Colonel James C. Blewster, Commander, Fort Story, accepted the Proclama- tion in behalf of the following representatives of the Armed Forces: Commander G. C. Womble, Jr., representing Captain R. D. Buchwald, Commanding Officer, Fleet Combat Training Center - Atlantic (located at Dam Neck) Captain C. L. Tinker, Commanding Officer, Naval Air Station - Oceana Cormnander Jon D. Shewchuck, representing Captain J. A. Carbone, Commanding Officer, Naval Amphibious Base - Little Creek 5/16/83 -12a- rortamati 6 an WHEREAS, the City c4 Vi4ginid Bedch ha's tong been home ba,se 6o4 6ou4 06 Ame4ica'A impoatdnt mititd4o inatattdtions: Oceana t4avat Ai4 Station, Littte CAeck AmphibiouA SaAe, Fteet Combat Tiaining Cente)t Dam Neck and Fokt Sto4y; and WHEREAS, dpp4oximatety twenty petcent o4 Vi4ginid Beach'.6 4e4ident4 aAe in the mititaty and anothe4 4ixteen pe4cent a)te mitita4y )teti)tee-6 who have eatabtizhed pe)tmdnent 4e.6idence in Vi4ginia Beach; and WHEREAS, the,6e 6ouA i"4tattationA p4ovide emptoyment, both miti,*alty and civitian, AoA ove4 30,000 pe4,son.6, utith an app4oximate annuat pay4ott 04 $450,0001* and WHEREAS, the Citti oA Vi4ginia Bedch AccoqnizeA the impoa- tance o4 the mititaty iii OU4 Citel. not onty @n an economic a,5pect, but atso beCduAe oA the mititaiY',6 cont'libutioll-6 to ou4 zocial, cuttuaat and civic giowth and devetopment; and WHEREAS, the City oA Vikgi"ia Beach apid the Vi4giP?id Beach ChambeA o6 CommeAce woutd tike to 6et aaide thia Apeciat time to 4ecoonize the membe4A o4 ou4 mitita4y com- munity and thei4 fea@e44. NOW, THEREFORE, 1, LouiA R. Jone4, Mayo4 oA the City o4 Vi4ainia Beach, do heaeby p4octaim the week oi f4at4 15-21, 1983 az MILITARY APPRECIATION F))EEK and Satu4day, May 21, 1983 aA: ARMED FORCES DAY AT FORT STORY in Vi4ginia Beach and u4ge att buAines4e4 and individuath to pay Apeciat tecognition to ou4 mititaty community du4ing thiz time. Given unde4 my hand and .5eat thia 16th day og May, 1983. L OU 4-,6 one-6 Mayo4 Correction: -1 3- Ttem II-E.3 PRESENTATION ITF-M # 19935 ADD ON The Mayor presented Assistant to the City Manager for Finance and Research, GILES G. DODD, an AWARD of Financial Reporting Achievement received from the Municipal Finance Officers' Association of the United States and Canada. Mr. Dodd accepted tbe Award in behalf of the entire Finance Department and, in particular, Sam Cohen. 5/16/83 -14- Item II-J.1 (moved forward on the Agenda) VEPCO Presentation ITHM # 19936 Richard J. Gutleber, Director of Engineering Services with Virginia Electric and Power Company advised of Vepco's plans to construct a transmission line between the Green Run Substation and the Greenwich Substation. On December 9, 1982, Vepco met with the Mayor and the City Manager to inform them of the above stated plans prior to application of approval by the State Corporation Commission. On February 7, 1983 a presentation was made to City Council on the environmental methodology to be used in addressing this project. A consultant was hired for that purpose. On March 16, 1983, Vepco met with the civic leagues of Larkspur and Timberlake, and the Green Run Homeowners Association. Tn response to their concerns, a consultant was employed. The PROPOSED route that Vepco is considering, basically, originates at the Green Run Substation, running along Independence Boulevard to the old railroad grade shown on the map and continuing up the old railroad grade where it intersects the Norfolk-Southern Railroad, continuing down the railroad where the existing transmission line is to the Greenwich Substation. The ALTERNATE route goes up Independence Boulevard and continues approxi- mately 0.7 mile across the rear property of Timberlake Subdivision near Holland Road, running along Windsor Oaks Boulevard for 0.3 mile, running through Windsor Oaks Apartments, following the tributary of Thalia Creek, running through Mt. Trashmore where it intersects with the Norfolk- Southern Railroad. The ALTERNATE route is approximately 1.5 miles longer than the PROPOSED route and it has more exposure, congestion and impact. The PROPOSED route is the most environmentally acceptable. 5/16/83 -15- Item II-F. CONSENT AGENDA ITEM # 19937 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jones, City Council voted to uphold the recommendation of the City Manager and ADOPT the CONSENT AGENDA, with the exception of Item 3 which was deferred for three weeks, by ONE MOTION. 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. 11. 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 5/16/83 -16- Item II-F.1 RESOLUTION ITEM # 19938 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jones, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution endorsing the City's application for the Clean Cornmunity System Program Grant for the sixth cycle in the amount of $18,837; AND, authorizing the City Manager to plan, budget and apply for this grant. 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 5/16/83 -16a- REQUESTED BY: City tjanager R E S 0 L U T I 0 N WHEREAS, the Council of the City of Virginia Beach recognizes the existence of a lit@.er problem within the boundaries of Virginia Beach; and WHEREAS, the Virginia Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of grants for the purpose of enhancing local litter control programs; and WHEREAS, having reviewed and considered the regulations and the application covering administration and use of said funds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: THAT the Council hereby endorses and supports such a program for the City of @llirginia Beach as is indicated in the attached Application Form LC-G-1; and BE IT FURTHER RESOLVED that the Council of the City of virginia Beach hereby authorizes the City Manager to plan, budget and apply for a grant, which, if approved, will be used to fund said program; and BE IT FURTHER RESOLVED that the Council of the City of Virgi@nia Beach hereby requests the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve said applicati on and program, said program being in accord with the regulations governing the use and expenditure of said funds. Adopted by the Council of the City of Virginia Beach, Virginia, on 16th day of 1983. -1 7- Item II-F.2 RESOLUTION ITEM # 19939 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jones, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the City Manager to execute a Letter Supplement to the Municipal Electric Service Agreement with the Virginia Electric and Power Company regarding metering contact closures at Green Run liigh School. 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 5/16/83 -17a- At a meeting of the Council of the City of virginia Beach held on the 16th day of May 1983, the following was adopted. R E S ) L U T I 0 N WHEREAS, Green Run High School is in need of metering contact closure; and WHEREAS, the attached Letter Supplement to the Municipal Electric Service Agreement with Virginia Electric and Power Company will accomplish this; and WHEREAS, providing municipal electric service falls under Virginia Electric and Power Company's contract with the City and, therefore, any supplement thereto must be executed by the City of Virginia Beach: THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the City Manager is hereby authorized to execute the above mentioned Letter Supplement to the Municipal Electric Service Agreement with the Virginia Electric and Power Company. ADOPTED: May 16, 1983 er 5-10-83 -17b- Vepco 1 11 (I I . - Ip.i I:,I I @I, II @I 1,@i; L i.: II) @ 111) 1 March 15, 1983 City of Virginia Beach Virginia Beach Virginia Gontlemen: LETTER SUPPLEMENT MUNICIPAL ELECTRIC SERVICE AGREEMENT CITY OF VIRGINIA BEACH, VIRGINIA The Superintendent of Schools for the City of Virginia Beach (hereinafter called the City) has requested Virginia Electric and Power Company (hereinafter called the Company) to provide metering data from contact closures at Green Run Iligh School for tho purpose of load control and energy conservation. The Company agrees to provide the contact closures undcr the following conditions. 1. The service ivill be provided under Section X, "Excess Facilities Service", of the presently effecti.ve NIunicipal Electric Service Agreement. 2. Monthly charges will be in accordance with the Excess Facilities Service Rate contained in the aforementioned agreement. Monthly charges under Paragraph B of such rate will be $4.48. The one-time nonrefundable charge under Paragraph B will be $621.82. 3. The following paragraphs will also be a part of this supplement: "The Company is furnishing as part of its metering facilities at the point of meter- ing, time contact closures and totalized data from a contact closure from two circuits. Vepco assumes no responsibility -17c- CitY of Virginia Beach -2- March i5, 1983 Letter SuPPlement Municipal Electric Service Agreement C"tY of Virginia Beach, Virginia, cont. for the Precise synchronization clock time with the clock Of its meter customer. By furnishing time used by the ation, VePco assumes no rsuch metering inform- accuracy or malfunction oesponsibility for th, related f the customer's equipment, or for any misapplication of the information by the customer. Customer agrees tO Provide, install, and maintain the control equidment between the customer,s equipment and the Company's metering Point. The Company reserves the right to provide non-totalized data fr,, the contact closures at this Company location hen the Company's general oPerating practices so in icate- The also reserves the right tod make necessary chanRes in the current and ootential trans- formers or contact closure initiators in keeping ivith good engineering and operating practices and will endeavor to give as much advance notice of such change as possible. If for any reason, it bocomes necessary for the Company to change ctirrent and potential transformer ratios or contact clostire initiators, it will I)c the customer's responsibility to make any necessary changes in his equipment. The City agrees to pay the Company its cost for any call out to be determined at the time, but not less than $13.00, for which, after investigation,it is determined that the Company's equipment is not at fault." 4. The term of this Letter Supplement shall run concurrently with the term of the basic Municipal Agreement dated January 12, 1983. If conditions set forth above are agreeable to the City, please date, sign and return the origina I to the Company. Very truly yq,,Il rvices -17d- City of Virginia Beach -3- Nlarch IS. 1983 l,etter Siipplem(,,nt Nlunicinal Electric Service Agreement City of Virginia Beach, Virginia, cont. ACCEPTED: City of Virginia Beach y Title- Date- Effective date 9 9 2 8 1 8 I 0 9 Item 11-F.3 ORDINANCE ITI24 # 19940 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council voted to DEFER for three weeks (June 6, 1983) the Ordinance to amend and reordain Sections 21-72 AND 21-370 of the Code of the City of Virginia Beach, Virginia, pertaining to local vehicle license. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones Council Members Absent: None 5/16/83 * This item was pulled from the Consent Agenda and voted upon separately. -19- Item II-F.4 ORDINANCE ITEM # 19941 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jones, City Council voted to ADOPT the Ordinance to amend and reordain Section 4-50 of the Code of the City of Virginia Beach, Virginia, pertaining to groundfloor requirements and window space of connercial recreation centers. 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 5/16/83 -19a- AN ORDINANCE TO AMEND AND REORDAIN SECTION 4-50 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO GROUNDFLOOR REO.UIREMENTS AND WINDOW SPACE OF COMMERCIAL RECREATION CENTFRS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4-50 of the Code of the City of Virqinia Beach, virginia, is liereby amended and reordained as follows: Section 4-50. Window space. Every center shall have a window (3r windows with a total of not less than one hundred (100) square feet of glass which shall not be covered or otherwise obstructed (ILirinq hours of busines,;. Tliis section shall not apply to cetiters lawfully operating prior to November 27, 1972. A(.Iopte(i by the Council of the City of Virqinia Beach, Virginia, on the _16thday of May 1983. K,TC/da 4/2/83 (D) -20- Item II-F.5 ORDINANCE ITEM # 19942 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jones, City Council voted to ADOPT the Ordinance, on SECOND READING, to accept grants totaling $1,648 from the United States Department of Agriculture and to appropriate these funds. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, ITT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None 5/16/83 -20a- AN ORD TO ACCEPT TUMI:NG $1,648 FROM THE LUITED sTATEs DEP OF AGRICLJLTURE AND TO APPROPRIATE CitY Ccuncil is interested in the quality of day care P-ided bY the Pendletcn Child Service Center (PCSC), and the United States t f Agriculture (USDA) has awarded gr-ts of $1,582 for kitch- equj.pm_t and $66 for a solid wa@ collecti- service for the PCSC. NOW, RE, BE IT BY THE COLMIL OF THE CITY OF VIRGIN3A BEACH: That the funds frcm the aforEmentiOned grants be accepted and $1,648 h-eby appropriated for PCSC. BE IT that the $1,648 in aclditional appropriaticns be fin-ed by $1,648 in estinated revenles fran the usDA. FIRST READING: May 9, 1983 SECOND @ING: May 16, 1983 AdoPted by the COuncil Of the CitY Of Virginia Beach on the 16th day of -May 1983. AI)P;ZOVFD,I.@, -t@t4TENT - 21- Item II-F.6 ORDINANCE ITEM # 19943 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jones, City Council voted to uphold the recommendation of the City Manager and ADOPT the ordinance to transfer capital project funds of $10,000 from Project 2-916 Cedar Hill Canal to Project 2-401 Newtown Road- Phase II. 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 5/16/83 -2la- AN ORDINANCE TO TRANSFER CAPITAL PROJECT FUNDS OF $10,000 FROM PROJECT 2-916 CEDAR HILL CANAL TO PROJECT 2-401 NEWTOWN ROAD-PHASE 11 WHEREAS, the Department of Public Works has received the City/State agreement for Ne@,town Road-Phase 11 from the Virginia Department of Highways and Transportation, and WHEREAS, the agreement estimates the city's share of the construction phase of the project to be approximately $65,000, and WHEREAS, Project Newtown Road-Phas, 11 has ,ailabl, f,nds of $18,600 and is scheduled to receive $36,400 from the 1983 Charter Bond issue for a total of $55,000 and therefore additional funding of $10,000 is needed to match the agreement, and WfIEREAS, tlie additional funding can be transferred from Project 2-916 Cedar Hill Canal because of excess funds in the project due to a lower than anticipated bid for that project. NOW THFREFORE BE IT ORDAINFD BY THE COUNCII, OF TIIE CITY OF VIR(;TNTA BEACii that capital oroject flinds of $10,000 be transferred from Project 2-916 Cedar Hill Canal to Project 2-401 Newto@ Road-Phase 11 to complete funding for the City/State agreement for the construction of Newto@ Road-Phase 11. BE IT FURTHER ORDAINED that the City Manager is hereby authorized to enter into an agreement with the Commonwealth of Virginia Department of Highways and Transportation for the construction of Newto@m Road-Phase 11. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of , 1983. -22- Item II-F.7 ORDINANCE ITEM # 19944 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jones, City Council voted to uphold the recommendation of tbe City Manager and ADOPT the Ordinance appointing viewers in the petition of Gay Vacationer Associates for the closure of a portion of 34th Street between Atlantic Avenue and Atlantic Boulevard (Virginia Beach 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. 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 5/16/83 -22a- ORDINANCE APPOINTING VIEWERS WHEREAS, Gay Vacationer Associates has given due and proper notice in accord with law that it would, on the - 16th day of May , 1983, apply to the city Council of the City of virginia Beach, Virginia, for the appointment of viewers to view the below-described portion of 34th Street in Virgi@nia Beach Borough, in the City of virginia Beach, Virginia, and to report in writing to this Council whether, in the opinion of said viewers any, and if any, what inconvenience would result from the discontinuance, closure and abandonment of said portion of 34th Street; and WHEREAS, such application has been properly filed with this Council; and WHEREAS, all requirements of law have been met; NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia, that and be and each of them is hereby appointed to view that certain portion of 34th Street between Atlantic Avenue and Atlantic Boulevard as shown on the plat of "Plat No. 3 of Part of the Property of Virginia Beach Development Company," which is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach in map Book 3, page 177, and said viewers shall report in writing to this Council on or before 1 1983, at 2:00 p.m., whether in their opinion any, and if any, what inconvenience would result to the public from the discontinuance, vacation and abandonment of said portion of 34th Street. C-ROVFR C. W-RIGI-IT. JR. -22b- IN THE MATTER OF THE APPLICATION OF GAY VACATIONER ASSOCIATES, A VIRGINIA LIMITED PARTNERSHIP, FOR THE CLOSURE, VACATION AND DISCONTINUANCE OF A PORTION OF 34TH STREET BETWEEN ATLANTIC AVENUE AND ATLANTIC BOULEVARD, IN VIRGINIA BEACH BOROUGH, ON PLAT ENTITLED "PLAT NO. 3 OF PART OF THE PROPTRTY Ot VIRGINIA BEACH DEVELOPMENT COMPANY" PETITION TO: The City Council of the City of Virginia Beach, Virginid Beach, Virginia Your petitioner, the applicant, Gay Vacationer Associates, a Virginia limited partnership, who owns Lots 5 and 6 adjacent to the south side of 34th Street between Atlantic Avenue and Atlantic Boulevard and owns Lot 1 and the southern 101 of Lot 2 adjacent to the northern side of the aforesaid portion of 34th Street, as shown on Plat No. 3 of Part of the Property of Virginia Beach Development Company, in Virginia Beach Borough, Virginia Beach, Virginia, hereby applies for the vacation, closing and discontinuance of that portion of 34th Street between Atlantic Avenue and Atlantic BOulevard shown on the aforesaid plat which is recorded in the Clerk's Office of the Circuit Court Of the City of Virginia Beach, Virginia, in Map Book 3, page 177. Your petitioner and applicant alleges that no inconvenience will result to the public by reason of said closure and asks that Council appoint viewers as provided by law to view the said portion of 34th Street sought to be closed and report in writing to the Council as to whether in the opinion of the viewers what inconvenience, if any, would result from the discontinuance and closure as herein sought, at which time the petitioner will ask for passage of an ordinance vacating the portion of 34th Street sought to be closed herein. On - May 2 1983, and on May 9 1983, notice of intention to aoply for such vacation to the Council was published as required by law in the VIRGINIAN- GROVER C. W-RIGHT, JR. @T -1 1.@. -22c- PILOT, a newspaper Published or generally circulated i, Virginia Beach, Virginia. Respectfully Submitt,d, GAY VACATIONER ASSOCIATES, a Virginia limited part-e hip By General Partner -23- Item II-F.8 PROPOSAL ITEM # 19945 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jones, City Council voted to uphold the recommendation of the City Manager and APPROVE a financing proposal from IBM for the lease/purchase of an IBM 60/20 copier being rented by the Clerk of Circuit Court, AND Southern National Leasing Corporation's offer of a sixty-month purchase plan at 9.25% annual interest, and authorize the City Manager to enter into the necessary agreements for the lease/purchase of this equipment. 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 5/16/83 -24- Item II-F.9 RAFFLE PERMIT ITEM # 19946 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jones, City Council voted to uphold the recommendation of the City Manager and APPROVE the raffle permit for Pembroke Manor United Church of Christ. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. llenley, 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 5/16/83 -25- Item II-F.10 CERTIFICATE ITEM # 19947 Upon motion by Councilwoman Oberndorf, seconded by Councilman Jones, City Council voted to uphold the recommendation of the City Manager and APPROVE the Certificate of Public Convenience and Necessity for Ms. Ruby Hall Dozier, trading as Bayside, Beach and Coastal Cabs, Inc. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None 5/16/83 -26- Item II-C.l.a PLANNITIG 1TEM BY CONSENT ITEM # 19948 Attorney Stanley A. Phillips represented the applicant. Upon motion by Councilman Kitchin, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of J. G & R ENTERPRISES for a conditional use permit as per the following: ORDINANCE UPON APPLICATION OF J. G & R ENTERPRISES R0583540 FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY PARKING LOT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA: Ordinance upon application of J. G & R Enterprises for a Conditional Use Permit for a temporary parking lot on certain proper y@located at the northeast corner of Atlantic Avenue and 30th Street on Lots I through 6, Block 73, Virginia Beach Development Corp. Said parcel contains 1.03 acres. VIRGINIA BEACH BOROUGH. The following may be required: No encroachment in the City right-of-way (including Ocean Avenue) unless approved by City Council. As a condition of the use permit, the following is required: Approval is for a period of three years. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of May, 1983. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None 5/16/83 Note: This is the same property as that of John W. Vakos. 2 7- Item II-C.I.b PLANNING ITEM BY CONSENT ITEM # 19949 Attorney Stanley A. Phillips represented the applicant. Upon motion by Councilman Kitchin, seconded by Councilman Jennings, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of JOHN W. VAKOS for a conditional use permit as per the following: ORDINANCE UPON APPLICATION OF JOHN W. VAKOS R0583541 FOR A CONDITIONAL USE PERMIT FOR A BICYCLE RENTAL IN CONJUNCTION WITH THE OCEANFRONT INN BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNIA: Ordinance upon application of John W. Vakos for a Conditional Use Permit for a bicycle rental in conjunction with the Oceanfront Inn on property located at the northeast corner of Atlantic Avenue and 30th Street on Lots I through 6, Block 73, Virginia Beach Development Corp. Said parcel contains 1.03 acres. VIRGINIA BEACH BOROUGH. The following may be required: 1. No bicycle rental facilities within required parking area designated for Oceanfront Inn. 2. No encroachment in the City right-of-way (including Ocean Avenue) unless approved by City Council. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixteenth day of May, 1983. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr. Mayor Louis R. Jones, 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 5/16/83 Note: This is the same property as that of J. G & R Enterprises. -28- Item II-G.2.a PLANNING ITEM FOR DELIBERATTON ITEM # 19950 Stuart Held represented himself. Upon motion by Councilman Kitchin, seconded by Councilman Jennings, City Council voted to DEFER for three weeks (to June 6, 1983) the application of Stuart Held for a variance to Section 4.4(b) of the Subdivision Ordinance as per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Stuart Held. Property located on the northwest corner of Atlantic Avenue and 18th Street. Plats with more detailed information are available in the Department of Planning. VTRGINIA BEACH BOROUGH. Approval is subject to submittal of an agreement to the City Attorney whereby the applicant agrees not to vacate the parking easement without City approval. 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 Cotincil Members Absent: None 5/16/83 -29- Item II-C.2.b PLANNING ITEE FOR DELIBERATION TTEM # 19951 Attorney Moody E. Stallings, Jr. represented the applicant, Ann Landis Fitzgerald, who was also present. Upon motion by Councilman Jennings, seconded by Councilman Heischober, City Council voted to DEFER for one week (to May 23, 1983), subject to the agreement being in the City Attorney's office by Wednesday morning, May 18, 1983, the application of Ann Landis Fitzgerald for a conditional use permit as per the following: Ordinance upon application of Ann Landis Fitzgerald for a Conditional Use Permit for a private school/State licensed day care center on the northwest corner of Chester Street and Waverly Drive on Lot 27, Section 1, Westmoreland Estates. Said parcel contains 8,931.68 square feet. LYNNHAVEN BOROUGH. The following may be required: 1. City water and sewer. 2. On-site retention of storm water. The following is required: This parcel is to be combined with the adjacent B-2 parcel for the requested use in order to assure a minimum lot size of 15,000 square feet. Also, restrict property to be used as one building site for this particular use. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, TTI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 16, 1983 -30- Item II-G.2c PLANNING ITEM FOR DELIBERATION ITEM # 19952 Attorney Donald S. Clarke represented the applicant. Attorney William G. Maston represented the Pinewood Park Civic League. Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission to DENY the application of Stephen Payne Cole, Mary Payne Jett Cole and David Fauber for a conditional use permit per the following: Ordinance upon application of Stephen Payne Cole, Mary Payne Jett Cole and David Fauber for a Conditional Use Permit for a duplex on the south side of Pinewood Drive, 204.73 feet east of Mediterranean Avenue on Lots 9 and 10, Block 5, Pinewood. Said parcel contains 5,150 square feet. VIRGINIA BEACH BOROUGH. The following may be required: City water and sewer. The following is required: A five-foot dedication along the frontage on Pinewood Drive, 25 feet from the centerline of the existing 40-foot right-of-way to provide for an ultimate 50-foot standard right-of-way. Voting: 10-1 Council Members Voting Aye; John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Harold Heischober Council Members Absent: None 5/16/83 -31- Item 11-G.2.d PLANNING ITEM FOR DELIBERATION ITEM #19953 Herbert A. Culpepper represented himself. He presented a petition with approximately 20 signatures (hereby made a part of the record). Attorney Glenn Croshaw spoke in opposition to the application. He presented a petition with approximately 40 signatures (hereby made a part of the record). Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission to DENY the application of Herbert A. and Carolyn A. Culpepper for a change of zoning from AG-2 Agricultural District to B-2 Community-Business District per the following: Ordinance upon application of Herbert A. and Carolyn A. Culpepper for a Change of Zoning District Classification from AG-2 Agricultural District to B-2 Community Business District on certain property located on the west side of Princess Anne Road beginning at a point 490 feet south of Seaboard Road, running a distance of 155.25 feet along the west side of Princess Anne Road, running a distance of 352 feet along the southern property line, running a distance of 150.70 feet along the western property line and running a distance of 388.26 feet along the Northern property line. Said parcel contains 1.17 acres. PRINCESS ANNE BOROUGH. The following may be required: Standard improvements as required by the Site Plan Ordinance. Voting: 10-0 Council Members Voting Aye. John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech 5/16/83 -3 2- Item IT-G.2.e PLANNING ITFM FOR DELIBERATION ITIM # 19954 Senator Joseph Canada represented the applicant and suggested a B-1 classification rather than the B-2 classification. Sharlene Harris represented the community opposing the B-2 classification. William Miller, representing the Oceana Community League, spoke in opposition to the application. Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council voted to DEFER for 30 days (to June 20, 1983) the application of Herbert C. Culpepper, Carolyn A. Culpepper and F. 0. Powers for a change of zoning AND a conditional use permit for a self-service gas station per the following: Ordinance upon application of Herbert A. Culpepper, Carolyn A. Culpepper and F. 0. Powers for a Change of Zoning District Classification from R-8 Residential District to B-2 Community Business District on certain property located at the southeast corner of Virginia Beach Boulevard and Oceana Boulevard, running a distance of 213.10 feet along the south side of Virginia Beach Boulevard, running a distance of 135 feet along the eastern property line, running a distance of 213.10 feet along the southern property line and running a distance of 135 feet along the east side of Oceana Boulevard. Said parcel contains 28,033 square feet. LYNNHAVEN BOROUGH. The following may be required: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. On-site retention of storm water since the storm system in the immediate area is incapable of handling tbe extra runoff generated from this development. Prior to the changing of the official zoning maps, the following condition will be met: A five-foot dedication along the frontage on Virginia Beach Boulevard, 45 feet from the centerline of the existing 80-foot right-of-way and a 15-foot dedication along the frontage on Oceana Boulevard, 45 feet from the centerline of the old 40-foot right-of-way to provide for ultimate 90-foot rights-of-way as per the Master Street and Highway Plan. 5/16/83 -33- ITEM # 19954 (continued) Ordinance upon application of Herbert A. and Carolyn A. Culpepper and F. 0. Powers for a Conditional Use Permit for a self-service gas station on certain property located at the southeast corner of Virginia Beach Boulevard and Oceana Boulevard, running a distance of 213.10 feet along the south side of Virginia Beach Boulevard, running a distance of 135 feet along the eastern property line, running a distance of 213.10 feet along the southern property line and running a distance of 135 feet along the east side of Oceana Boulevard. Said parcel contains 28,033 square feet. LYNNHAVEN BOROUGH. The following may be required: 1. City water and sewer. 2. On-site retention of storm water since the storm system in the area is incapable of handling the extra runoff generated from this development. As conditions of the use permit, the following are required: A five-foot dedication along the frontage on Virginia Beach Boulevard, 45 feet from the centerline of the existing 80-foot right-of-way and a 15-foot dedication along the frontage on Oceana Boulevard, 45 feet from the centerline of the old 40-foot right-of-way to provide for ultimate 90-foot rights-of-way as per the Master Street and Highway Plan. Voting: 9-1 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones Council Members Absent: Nancy A. Creech 5/16/83 -34- Item II-G.2.f PLANNING ITEM FOR DELIBERATION ITEM # 19955 Sam Houston, Jr. represented the applicant and presented Council with an "approval" letter from the Department of Planning. Said letter is bereby made a part of the record. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council voted to DEFER for three weeks (to June 6, 1983) the application of Della Lee Barton for a variance to Section 4.4(b) of the Subdivision Ordinance per the following and subject to a revised schematic and Planning Staff recommendation. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Della Lee Barton. Property located on the south side of old Virginia Beach Road, 75 feet east of Realty Avenue. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 16, 1983 -3 5- Item II-C.2.g PLANNING ITEM FOR DELIBERATION ITEM # 19956 Attorney Ned Caton spoke in behalf of the applicant. Those in opposition included Attorney Grover Wright, representing Linkhorn Park Civic League; Jim Kaiser, representing North Virginia Beach Civic League; and, Alfred L. Wood, resident of Linkborn Park. Upon motion by Councilman Kitchin, seconded by Councilwoman Creech, City Council voted to DENY the application of Mrs. J. James Davis for a variance to Section 4.4(b) of the Subdivision Ordinance per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Mrs. J. James Davis. Property located at the northwest corner of Pinewood Road and Holladay Point. Plats with more detailed information are available in the Depart- ment of Planning. VIRGINIA BEACH BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heiscbober, 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 May 16, 1983 -36- Item II-H.1 APPOINTMENT ITEM # 19957 Board of Electrical Appeals appointments will be rescheduled. May 16, 1983 -3 7- Item II-H.2 APPOINTMENT ITEM # 19958 Upon nomination by Councilwoman Oberndorf, City Council reappointed ROBERT T. MOSBY, JR., M.D. to the Tidewater Community College Board for a period of four years (June 1, 1983 to May 31, 1987). Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 16, 1983 -38- I tem II-H. 3 APPOINTMENT ITEM # 19959 Upon nomination by Councilman Heischober, City Council reappointed MARY RUSSO as Volunteer Coordinator for a period of one year (June 1, 1983 to May 31, 1984). Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creecb May 16, 1983 -3 9- Item III-1 UNFINISHED BUSINESS ITEM # 19960 1. Cormnunity Development Land Use Task Force - Appointments by City Manager The City Manager was authorized to ake the necessary appointments to the task force so the work may be accomplished prior to July 1, 1983. By consensus, a Resolution for th, Cl,,ti,n of a Community Developm@nt Land Use Task Force dated May 2, 1983, was adopted. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council voted to DEFER consideration of any change of zoning or conditional use permit applications involving the "target area" until the report of the Community Development Land Use Task Force Committee is received, accepted and acted upon. Further, Councilman Heischober requested a "definition" of TARGET AREAS within the City of Virginia Beach. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 16, 1983 -40- Itcm 11-K AD,JOURNMENT ITI@'M ii 19961 Upon motion [)y Counciluiari liaL[ID, SCCOildcd ],y Vlc,@ Mziyor [ic-cilcy, CiLv Council adjourned aL 5:25 p.ni. - -- @- @ - :i- - @uth Hodg@, Sinith, GNIC CiLy Clerk City of Virgini@i Beacli, Virginia May 16, 1983 /jk