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Home My WebLink AboutAPRIL 11, 1983 MINUTES "VVORLD'S LARGEST RESORT CITY" CITY COU,YCIL MA )'OR LOUIS R. JONES, B.y,id@ B.,,,.gh VICE-AIAYOR 13ARBARA M. HENLEY, P..g@ B.,@,gl, IOIIN A. 13A UM, II.-.gb NA,VCY I. CREECII, A, L,,g@ IIAROLD IIEISCIIOBER, At L.,g@ 11. JACk]ENNIV(;S, JR., B.,..,b ROBERT C,. JONES. A, L,,,@ W. It. KITCIIIN. 111, 13 ... b R[':BA S. $I, CLANAN, A@,,@ 13@,..Rb J. IFENRY AI,COY. JR.. K@.p@.,Il, B.,,,.gb 212 C17 Y IIAI-L BtJILDt,,IG MEYERA E. Of3ERNDORF, A, I,.,g, qllVil.-IPAL CEN7'ER VIR(;INIA BE,ICII, VIRGINIA 23456 RilTli l[OD(;ES SAIITII, CMC, Cill, (@l@,k (804) 427 -4 30 3 CITY COUNCIL AGENDA April 11, 1983 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 Mavor. 2. Matters for discussion by Council. 3. Review of Planning Items E. CITY MANAGER'S ADMINISTRATIVE ITEMS: 1. p Policy fclrthe South End of the Citv: Presentation -Ey Mr. Robert Scott, Director of Department of Planning. 2. Atlantic Avenue Beautification Project: Briefing by Mr. C. Oral Lambert, Jr., Director of Department of Public Works. 3. Review of Consent Agenda. ITEM II FORMAL SESSION: 2:00 P.M. A. INVOCATION: Rabbi Israel Bornstein B'NAI ISRAEL Congregation B. PLEDGE OF ALLEG@CE 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 April 4, 1983. E. PRESENTATION 1. Resolutions in Recognition. a. Cleta Liverman b. Mrs. Marvin L. (Lettie) Dozier F. RESOLUTION 1. Resolution authorizing the City Manager to enter into a contract for an independent audit of the City of Virginia Beach for the fiscal year ending June 30, 1983. (This matter was deferred for one week on March 28, 1983 and for an additional week on April 4, 1983) 2. Resolution discontinuing tbe Iligh Constable's office on June 30, 1983 and that as of July 1, 1983, the City Council anticipates the General Assembly will provide for the services that are now being provided to the judicial system and the public by the High Constable's Office. The City Manager is directed to furnish the City Council, during the current budget review process, with alisting of City funds provided to the Constitutional officers of the City. 3. Resolution strongly urging the U.S. Navy not to establish the LCAC (Landing Craft Air Cushion) base in Virginia Beach and to conduct its training at military installations outside Virginia Beach so as not to adversely impact the health, safety, and general welfare of the citizens of and visitors to our City. 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 disucssion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution in Recognition of Cleta Liverman who served as General Registrar from January 1, 1976 until January 31, 1983. 2. Resolution of Appreciation to Mrs. Marvin L. (Lettie) Dozier who served as a member of the Public Library Board from 1967 thru March 1983. 3. Resolution authorizing the enlargement of a nonconforming use located at the southwest corner of 18th Street and Mediterranean Avenue as per request of Ronald S. Bray, of Baldwin and Gregg, Ltd., on behalf of Kolbe Company. ITEM 11 G. CONSENT AGENDA (Cont,d) 4. Ordinance to Amend and Reordain Section 28-4(a) of the Code of the City of Virginia Beach, Virginia, Pertaining to Sewer System Impact Fees, and Section 37-8(a) pertaining to Water System Impact Fees. 5. Ordinance, on FIRST READING, to accept grants totaling $34,854 from the Virginia Department of Transportation Safety and to Appropriate These Funds. 6. Ordinance to Transfer Capital Project Funds of $103,105 to Eliminate The Deficit and Provide for Additional Computer Software in Capital Project 2-412 Virginia Beach Boulevard - Phase I 7. Encroachments of S and S Enterprises: a. Ordinance to authorize a Temporary Encroachment into a Portion of the Right-of-Way of a City 15' Alley adjacent to those Properties referred to as 800 through 816 Surfside Avenue (Lots 8,9 and 10, Block 13, Croatan Beach) to S & S Enterrpises, its heirs, assigns and successors in Title. b. Ordinance to authorize a Temporary Encroachment into a Portion of the Right-of-Way of a City 15' Alley adjacent to those Properties referred to as 812 and 816 Surfside Avenue (Lots 6 and 7, Block 13, Croatan Beacb) to S & S Enterprises, its heirs, assigns and successors in Title. 8. Ordinance appointing Viewers in the petition of Bruce B. Mills for the closure of a portion of Dutch Street (Kempsville Borougb). 9. Low Bid of Southern National Leasing Corporation for the lease/purchase of electronic voting equipment totalling $158,180. Southern National Leasing Corporation offers ten semi-annual payments in arrears at an annual interest rate of 9.95%. Semi-annual payments would be approximately $20,460.17. Authorize the City Manager to enter into the necessary agreements for the implementation of the project. 10. Bingo Permit: Plaza Dance, Figure and Speed Roller Skating Club. (This matter was deferred for two weeks on March 23, 1983.) H. PLANNIIIG 1. Planning Items by Consent. a. Application of Shore Drive Associates for a conditional use permit for mini-warehouses on a 3.631-acre arel located along the south side of Shore Drive, east of Diamond Springs Road (Bayside Borough) 1. Letter from the City Manager transmits the recommendation of the Planning Commission for oval. ITEM II FORMAL SESSION (Cont'd) I. ORDINANCES 1. Amendments to the City Code. a. Ordinance to Amend and Reordain Section 6-3 of the Code of the City of Virginia Beach pertaining to Playing Ball, using Frisbee, etc. on beach. b. Ordinance to Amend and Reordain Section 6-6 of the Code of the City of Virginia Beach pertaining to taking food or drink on beach or adjacent streets. C. Ordinance to Amend and Reordain Section 12-5 of the Code of the City of Virginia Beach pertaining to fires on Beaches. (These amendments were deferred on December 6, 1982 for further review) J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT 1. Motion to Adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 11 April 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, 11 April 1983, at Twelve-Thirty in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Eenley, 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 - 2 - ITEM #19713 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTLVE SESSION pursuant to the exemptions from opening meetings allowed by 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. PUBLIC FUNDS INVESTMENT: The investing of public fun where competition or bargaining is involved, where if made public initially the financial interest of the governmental unit would be adversely affected. 3. LEGAL MATTERS: Consultation with legal Counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Heischober, seconded by Vice Mayor Henley, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, 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 - 3 - M A T T E R S B Y T H E M A Y 0 R COUNCIL FUNCTIONS ITEM #19714 Mayor Jones advised the following events were attended by Virginia Beach Council Members during the month of March, 1983, on behalf of the City: March 03 Councilman Robert G. Jones represented the Mayor at the General Membership Meeting of the Tidewater Utility Contractors Association in Norfolk. March 03 Vice Mayor Barbara M. Henley represented the Mayor at the City Employee of the Year Dinner sponsored by the Rotary Club. March 04 Vice Mayor Henley represented the Mayor at Naval Air Station-Oceana during the dedication of their new Command Facility. March 11 Council Members Barbara M. Henley, Robert G. Jones, Meyera E. Oberndorf, H. Jack Jennings and "Coach" J. Henry McCoy, Jr., joined the Mayor in playing a game of basketball during the James K. Cole Basketball Tournament sponsored by the Parks and Recreation Department. March 11 The Daniel T. Maloney Rifle Range Dedication was attended by Vice Mayor Barbara M. Henley and, Councilwoman Meyera E. Oberndorf. March 15 Councilwoman Meyera E. Oberndorf attended the Department of Highways and Trans- portation Pre-allocation Hearing for 1983, which was held in Suffolk, Virginia. March 16 Councilwoman Meyera E. Oberndorf represented the Mayor at the USS Independence Dinner Dance at Norfolk Scope. March 16 The 84 Lumber Ribbon cutting Ceremony was attended by Council Members Robert G. Jones, and Meyera E. Oberndorf. March 22 Council Members Robert G. Jones, Vice Mayor Barbara M. Henley, Meyera E. Oberndorf, Harold Heischober, J. Henry McCoy, Jr., H. Jack Jennings, and John A. Baum attended the Tidewater Community College Business Breakfast. March 23 The Chamber of Commerce Breakfast with Betty Diener as speaker was attended by Vice Mayor Barbara M. Henley, and Councilwoman Nancy A. Creech. March 23 Council Members W. H. Kitcbin, Ill, Vice Mayor Barbara M. Henley, Meyera E. Oberndorf, Reba S. McClanan, Robert G. Jones, J. Henry McCoy, Jr., Harold Heischober, and H. Jack Jennings attended the Annual Civic Recognition Dinner. - 4 - March 24 Council Members Nancy A. Creech, Meyera Oberndorf, Vice Mayor Barbara M. Henley, W. H. Kitchin, III, Harold Heischober, and H. Jack Jennings attended a luncheon, tour and briefing at Naval Air Station- Oceana. TWENTIETH BIRTHDAY ITEM #19715 Vice Mayor Henley thanked Council Members who arrived early to receive instructions concerning the Special Council Meeting April 24, 1983, regarding the Twentieth Birthday Celebration and requested those who did not attend to contact her. C I T Y M A N A G E R ' S A D M 1 N I S T R A T I V E I T E M S ATLANTIC AVENUE BEAUTIFICATION ITEM #19716 The City Manager advised "following the presentation to City Council the Land Planners ideas and concepts concerning the Atlantic Avenue Beautification", City Council requested the Staff to hold Public Hearings throughout the City to receive input from citizens and asked C. Oral Lambert, Director of Public Works, to advise Council of recent developments in this matter. Mr. Lambert advised that on December 13, 1983, the City's Consultants, Edward G. Carson and Associates, (affiliated with Carlton Abbott) briefed Council on the proposed beautification of Atlantic Avenue from Rudee Inlet to 40th Street. The proposal consisted of placing overhead utilities underground; widening the sidewalks; reducing the travel lanes from the existing five (5) lanes to three (3), with one center lane for turning; planting trees and shrubs; installing street furniture; and, addressing signage and illumination. Mr. Lambert noted it was anticipated the engineering work would require twelve (12) to eighteen (18) months before construction could commence. The City Manager advised there were three (3) areas where the Staff would like to receive direction from Council: 1. Funding for project 2. Staging of the project 3. Time frame The cost was approximately $10,110,000; however, the total cost is $26,000,000. The City Manager advised he will compile several funding alternatives for Council's consideration; and, will report to Council the different phases of the project and time frame for each. - 5- PROPOSED DRAINAGE/SOUTH END ITEM #19717 The City Manager asked Robert J. Scott, Planning Director, to make a presentation to Council concerning the proposed drainage at the South End of Virginia Beach. Mr. Scott advised he and his staff were requested to study the drainage situation in the southern portion of the City "with the idea of implementing a proposed policy". The proposed policy is to: 1. Protect the flood plains in the rural areas of the City of Virginia Beach from development 2. To minimize additional storm water run off into drainage areas 3. Provide property owners the same development potential they have without this policy. Mr. Scott noted the northern boundary of Lynnhaven Parkway, Holland Road, London Bridge Road, Oceana Boulevard and Dam Neck Road is the easily definable boundary on the northern side. The extent of the flood plains south of that point are considerable. There are five advantages to the policy: 1. In line with City's involvement with Federal Flood Insurance Program 2. Program of maintaining the natural drainage in the area, as opposed to channelizing it, will be a positive factor as far as water quality is concerned 3. Aid to future Capital Improvements necessary 4. Remove the need for future remedial actions in regard to maintaining the ditches 5. Development along these lines can be a cost saving factor. The implementation of this policy is: 1. Amend Article 1203 of the Comprehensive Zoning Ordinance, Flood Plains 2. Amendment to Section 5.5 of the Subdivision Ordinance 3. Amendment to the Site Plan Ordinance with regard to "holding ponds" 4. Amendment to Section 200(a) of the Comprehensive Zoning Ordinance - 6- The City Manager asked C. oral Lambert, Director of Public Works, to make a preliminary report concerning the maintenance of agricultural drainage. Mr. Lambert advised the farmers have no difficulty in maintaining the ditches and canals that are on their property; however, the difficulty arises when the ditch or canal leaves their property and crosses areas where the City has no drainage easements. The current involvement has to do with public right-of-way and major canals over which the City has dedicated drainage easements. In the past, the Soil Conservation Service had assumed some responsibility in maintaining these large ditches, but funds for that purpose have dissipated and they are no longer providing that service. The question is whether or not the City will assume any responsibility in that regard. Mr. Lambert advised an inventory of specific ditches and canals in that area which require maintenance must be conducted after which priorities will be assigned to the major drainage features (with aid of Farm Bureau.) An analysis would be conducted to determine if permits are required from the Army Corps of Engineers or other permitting agencies. A budget will then be established along with a maintenance schedule for major drainage facilities. This matter will be on a future Agenda for Council's consideration. CONSENT AGENDA ITEM #19718 Vice Mayor Henley advised she had some prepared comments concerning 11-G.10 the application of Plaza Dance, Figure and Speed Roller Skating Club's request for a Bingo Permit and requested this matter be removed from the CONSENT AGENDA to be considered separately. Councilman Kitchin advised he had some concerns with II-G.3, Resolution authorizing the enlargemetit of a nonconforming use located at the southwest corner of 18th Street and Mediterranean Avenue as per the request of Ronald S. Bray, of Baldwin and Gregg, Ltd., on behalf of Kolbe Company; AND, II-G.6, the Ordinance to transfer Capital Project Funds of $103,105 to eliminate the deficit and provide for additional computer software in Capital Project 2-412, Virginia Beach Boulevard, Phase I. City Council RECESSED into EXECUTIVE SESSION, (1:40 p.m.) - 7 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 12 April 1983 2:30 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 C. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Rabbi Israel Bornstein B'NAI ISRAEL Congregation PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 8- M I N V T E S ITEM II-D.1 ITEM #19719 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council voted to APPROVE the Minutes of the Regular Meeting of 4 April 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 - 9 - ITEM II-D.2 ITEM #19720 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council voted to DEFER ONE WEEK (18 April 1983), the Minutes of the Special Meeting of April 6, 1983. Voting: 11-0 Council Members Voting Aye: (to defer) 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 -10- R E S 0 L U T I 0 N S I N R E C 0 G N I T I 0 N ITEM II-E.A ITEM #19721 Councilman Kitchin read a Resolution in Recognition and presented same to SCOTT STERLING for his contribution to Virginia Beach and its citizenry. ITEM II-E.B ITEM #19722 Mayor Jones read the Resolution in recognition and presented same to CLETA LIVERMAN who served as General Registrar from January 1, 1976, until January 31, 1983; AND, presented Mrs. Liverman a Stained Glass Seal from the Electoral Board. ITEM II-E.C ITEM #19723 Councilman Baum read the Resolution of Appreciation and presented same to MRS. MARVIN L. (LETTIE) DOZIER who served as a member of the Public Library Board from 1967 through March 1983. R E S 0 L U T I 0 N S ITEM 11-F.1 ITEM #19723 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council voted to DEFER ONE WEEK (18 April 1983), the Resolution authorizing the City Manager to enter into a contract for an independent audit of the City of Virginia Beach for the fiscal year ending June 30, 1983. (This matter was deferred one week on March 28, 1983, and for an additional week on April 4, 1983.) Voting: 8 - 3 Council Members Voting Aye: (for deferral) 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, Ill, and Meyera E. Oberndorf Council Members Absent: None 1 2 - A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR AN INDEPENDENT AUDIT OF THE CITY OF VIRGINIA BEACH FOR THE FISCAL YEAR ENDING JUNE 30, 1983. WHEREAS, requests for proposals have been distributed to various accounting firms for an independent audit of the financial statements of the City of Virginia Beach for the fiscal years ending June 30, 1983, 1984, and 1985, and WHEREAS, proposals from several accounting firms were received on March 18, 1983, and reviewed by the auditor selection committee, and WHEREAS, the auditor selection committee has recommended Arthur Young and Company as the firm having the best combination of qualifications and price, and WHEREAS, funds have been provided for the audit cost for the fiscal year ended June 30, 1983, in the FY 1983 Operating Budget and the FY 1984 Proposed operating Budget. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the City Manager is hereby authorized to enter into a one-year contract with Arthur Young and Company to perform an independent annual audit of the City of Virginia Beach for the fiscal year ending June 30, 1983. Unless cancelled by either party, the contract will automatically renew for a second and third year. Adopted by the Council of Virginia Beach, Virginia, on the day of 1983. DEFERRED ONE WEEK: April 11, 1983 - 1 3 - ITEM II-F.2 ITEM #19726 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution discontinuing the High Constable's Office on June 30, 1983, and that as of July 1, 1983, the City Council anticipates the General Assembly will provide for the services that are now being provided to the judicial system and the public by the High Constable's Office. The City Manager is directed to furnish the City Council, during the current budget review process, with a listing of City funds provided to the Constitutional officers of the City. Voting; 1 1- 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 - 14 - Requested by: Councilman Baum A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the City Hall Building, on the 11 day of April , 1983. On motion by _-Qo,,r,@ilm and seconded by Councilwomap Creech the foll@@gmresolution was adopted. R E S 0 L U T I 0 N WHEREAS, service to the judicial system is a State responsibility; and WHEREAS, the High Constable, a City Council appointment, has been part of that function on a self-sustaining basis; and WHEREAS, the 1983 session of the General Assembly enacted legislation that prohibits the High Constable from collecting fees for services performed; and WHEREAS, in response to that prohibition, concerning the revenues produced from collecting of such fees, the Virginia Beach City Council has taken the position that the High Constable's Office will be discontinued after June 30, 1983 because of the General Assembly's action. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That as of July 1, 1983, the City Council anticipates the General Assembly will provide for the services that are now being provided to the judicial system and the public by the High Constable's office; and BE IT FURTHER RESOLVED that the City Manager is directed to furnish the City Council, during the current budget review process, with a listing of City funds provided to the Constitutional officers of the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of April 1983. JDB/kg/sm 4/5/83 4/6/83 (RES 3) - 1 5 - ITEM II-F.3 ITEM #19727 Dr. Daniel Dickenson spoke in behalf of the Resolution Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to DEFER UNTIL FURTHER INFORMATTON TS RECETVED the Resolution strongly urging the U. S. Navy not to establish the LCAC (Landing Craft Air Cushion) base in Virginia Beach and to conduct its training at military installations outside Virginia Beach so as not to adversely impact the health, safety and general welfare of the citizens of and visitors to our City. Vot ing: I 1- 0 Council Members Voting Aye: (for deferral) 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 1 6 - I Requested by: Councilman Jack H. Jennings R E S 0 L U T I 0 N WHEREAS, the U. S. Navy has prepared a Draft Environmental Impact Statement (DEIS) for alternative locations of a Landing Craft Air Cushion (LCAC) Operational Base on the east coast of the U. S., and WHEREAS, four sites were selected for final evaluation which include: 1. NAB Little Creek - Virginia Beach 2. Fort Story - Virginia Beach 3. NAB Annex, Camp Pendleton - Virginia Beach 4. Cape Charles AFB - Cape Charles WHEREAS, the DEIS recommends the selection of NAB Little Creek for the operating base, and WHEREAS, the DEIS states that Fort Story and NAB Annex, Camp Pendleton will be used for LCAC training and the constant use of the base and these training areas would have an adverse impact on waterborne traffic including commercial and pleasure craft, and WHEREAS, the DEIS states that noise levels will be increased in the vicinity of the base and training areas, having some effect on the quality of life in neighboring residential areas, and WHEREAS, the presence of 54 of these craft (LCAC) constantly operating adjacent to the coast of Virginia Beach may have an adverse impact on the image of Virginia Beach as a safe, family-oriented resort community and reduce the desirability of the beach environment for tourists. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the U. S. Navy is strongly urged not to establish the LCAC base in Virginia Beach and to conduct its training at military installations outside Virginia Beach so as not to adversely impact the health, safety, and general welfare of the citizens of and visitors to our City. !T DEFERRED: April 11, 1983 r - 1 7 - 0 R D I N A N C E S ITEM II-I.1 ITEM #19728 THIS ITEM WAS BROUGHT FORWARD IN THE AGENDA The following spoke in favor of the proposed Ordinances: Dr. Daniel Dickenson, representing Westminster Canterbury Congressman Porter Hardy, Presidents Council, Westminster Canterbury Linwood Robinson Mrs. E. C. Nelson Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council voted to DENY the Ordinance to amend and reordain Section 6-3 of the Code of the City of Virginia Beach pertaining to playing ball, using frisbee, etc., on beach. Voting: I 0 - I Council Members Voting Aye: (for denial) 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 C. Jones Council Members Absent: None *MAYOR JONES VOICED A VERBAL "AYE" 1 8 - Requested by: Councilman Jennings AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-3 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO PLAYING BALL, USING FRISBEE, ETC., ON BEACH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-3 of the Code of the City of Virqinia Beach is hereby amended and reordained to read as follo,s: Section 6-3. Playing ball, using frisbee, etc., on beach. It shall be unlawful for any person to engage in ball playing or the use of a frisbee or any activity of like kind which may endanger the safety of others on the sand beach, the boardwalk and the grassy area west of the boardwalk to the property lines from Rudee Inlet on the south to 42nd Street on the north or on the sand beach on the Chesapeake Bay lying between Whaler Court on the east and Kleen street on the west from 10:00 a.m. to 6:00 p.m. from May fifteenth to September thirtieth of each year. Adopted by the Council of the City of Virginia Beach, Virginia, on the, day of 1982. 3/7/83 (D) DENIED BY CITY COUNCIL: April 11, 1983 AP4'ROVED@,STr-, APP CITY ATT)@,NEY - 1 9 - ITEM II-I.I.b ITEM #19729 Upon motion by Councilman Jennings, seconded by Councilwoman McClanan, City Council voted to INSTRUCT tbe City Attorney's Office to modify the Ordinance to amend and reordain Section 6-6 of the Code of the City of Virginia Beach per- taining to food or drink on beach or adjacent streets to reflect Council's intent as to beach area and hours affected. 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 2 0 - Requested by: Councilman Jennings AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-6 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO TAKING FOOD OR DRINK ON BEACH OR ADJACENT STREETS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That section 6-6 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Section 6-6. Taking food or drink on beach or adjacent streets. It shall be unlawful for any person to take or carry upon the sand beaches or upon any public street or right-of-way adjacent to any of the sand beaches within the Borough of Virginia Beach, or upon the beach ad1/2aeent-te-the-Eynnhaven Fish-iml-Pier on the_Chesapeake Bay lyinq between Whaler Court on the east and Kleen Street on the west, or the beach at Little Island Park--Sandbridge, any glass, bottle, can, cup, paper bag, paper box, wooden box, basket, styrofoam container or container of any kind containinq alcohol, beverages, soft drinks, food, nourishment or refreshments of any kind. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1982. 3/7/83 (D) Y A TO BE MODIFIED: April 11, 1193 - 2 1 - ITEM II-I.I.c ITEM #19730 Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council voted to ADOPT the Ordinance to amend and reordain Section 12-5 of the Code of the City of Virginia Beach pertaining to fires on beaches. Voting: 1 1- 0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, liarold 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 - 2 2 - Requested by: Councilman Jennings AN ORDINANCE TO AMEND AND REORDAIN SECTION 12-5 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO FIRES ON BEACHES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 12-5 of the Code of the City of Virqinia Beach is hereby amended and reordained to read as follows: Section 12.5. Fires an beaches. It shall be unlawful and a Class 1 misdemeanor for any person to set fire to or to procure another to set fire to any wood, brush, logs, leaves, grass, debris or other flammable material at any time on the sand beach of the Atlantic Ocean in the Borough of Virginia Beach or on the sand beach on the Chesapeake Bay lying between Whaler Court on the east and Kleen Street on the west or between the hours of 11:00 p.m. and 9:00 a.m. on any day on the sand beaches of the Atlantic Ocean and Chesapeake Bay in the Boroughs of Bayside, Lynnhaven, Princess Anne and that portion of the Borough of Pungo extending north from the southern boundary of the city park at Little Island in the city. Adopted by the Council of the City of Virainia Beach, Virginia, on the 11 day of --April 1982. 3/7/83 (D) APPROVED AS TO C(7@.N-! E',4T DEPA@,TNqNT - 2 3 - ITEM II-I.I.d ITEM #19731 COUNCILWOMAN CREECH LEFT COUNCIL CHAMBERS THIS ITEM WAS AN "ADD ON" TO THE AGENDA Mrs. Alice Mullens spoke in favor of the proposed encroachment Upon motion by Councilman Kitchin, seconded by Councilman Heischober, City Council voted to ADOPT the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 25th Street to the Princess Anne Inn. 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, ITI, Reba S. McClanan, J. Henry McCoy, J., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech 2 4 - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF 25TH STREET TO THE PRINCESS ANNE INN 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 Princess Anne Inn is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of 25th Street. That the temporary encroachment herein authorized is for the purpose of locating a single leg support for an earth satellite receiver station and that said leg support 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 25th Street, as shown on that certain plat entitled: 'Partial Site Plan, Leg Support Encroachment For Satellite Receiver Station," 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 The Princess Anne Inn and within thirty (30) days after such notice is given, said leg support shall be removed from the City right-of-way of 25th Street by The Princess Anne Inn and that the Princess Anne Innshall bear all costs and expenses of such removal; and PROVIDED FURTHER, that it is expressly understood and agreed that the The Princess Anne Inn shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses 2 5 - 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 leg support; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that The Princess Anne Inn 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 April 19 S3 MES/re 4/5/83 (29A) APPPOVED A-S TO CONTENT APP,RC)I. AS TO F@,Pi -2- - 2 6 - ITEM II-G ITEM #19732 COUNCILWOMAN CREECH RETURNED TO COUNCIL CHAMBERS COUNCILMAN JENNINGS LEFT COUNCIL CHAMBERS Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the CONSENT AGENDA by ONE MOT10N with the exception of II-G.3, II-G.6 and TI-G.10, which will be voted on separately. 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 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: H. Jack Jennings, Jr. - 2 7 - ITEM 11-G.1 ITEM #19733 TJpon motion by Councilwoman Oberndorf, seconded by Councilman Heischober, City Council voted to ADOPT the Resolution in Recognition of Cleta Liverman who served as General Registrar from January 1, 1976, until January 31, 1983. Voting: 1 0- 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, 111, 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. 2 8 - RESOLUTION IN RECOGNITION TO CLETA LIVER14AN WHEREAS: The City Council, being the governing body of the City of Virginia Beach, pauses today in its deliberations of municipal busi- ness and legislative action to pay tribute to a lady whose unassuming ways and pleasant attitude contributed efficiency and innovation in the General Registrar's office from January 1, 1976, until January 31, 1983, when her health precluded her service. CLETA LIVERMAN was first employed by the City of Virginia Beach February 1, 1971, as a secretary to the General Registrar and Electoral Board. C)n November 16, 1973, she accepted a position as a secretary with the Circuit Court Judges. However, on January 1, 1976, she was appointed General Registrar to serve the unexpired term of the retiring Registrar and was appointed to a four-year term March 1, 1979. During Cleta's tenure, population grew and the number of reqistered voters increased from 63,734 to 95,442, representinq a qain of 31,708; fifteen votinq precincts were added to the City; precinct lines were redrawn to eliminate split districts in one precinct; five single member House and two Senatorial Districts were developed; the office staff increased from six to eight positions and moved to its present enlarged quarters; five satellite assistant registrars were added; and, in 1980 the Computer Election System for voting was introduced on a trial basis for the central absentee ballot voting precinct. It was so successful that aqain in November 1982 they were used for the 85th House of Eelegates District in addition to the absentee ballot precinct and currently the system is ready to equip all precincts with electronic, computerized votinq equipment in the next election. THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes a dedicated, tireless public servant and admins- trator who quietly executed her duties in a manner of respect from her subordinates as well as community folk and people from all political affiliations: C L E T A L I V E R M A N BE IT FURTHER RESOLVED: That the Clerk of Council is directed to frame this Resolution for presentation and spread a copy upon the record of this Formal Session of Virginia Beach City Council. Given under my hand and seal this Eleventh day of April, Nineteen Hundred and Eighty-Three. Mayor - 2 9 - ITEM 11-G.2 ITEM #19734 Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober, City Council voted to ADOPT the Resolution of Appreciation to Mrs. Marvin L. (Lettie) Dozier who served as a member of the Public Library Board from 1967 thru March 1983. 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, III, 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. - 3 0 - RESOLUTION OF APPRECIATION TO MRS. MARVIN L. (Lettie) DOZIER WHEREAS, Lettie Dozier has served as a member of the Public Library Board from 1967 thru March 1983; WHEREAS, Lettie Dozier has served willingly and untir- ingly in behalf of the City of Virginia Beach; WHEREAS, her dedication and unselfish service involved personal sacrifices and inconveniences, not only to her, but fre- quently to her family and/or business; and WHEREAS, we trust she realized satisfaction in success- fully administering in her advisory capacity, not only to City Council, but to the citizens of this fast growinq metropolis. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes this record of sixteen (16) years of distinguished service in publicly expressinq its sincere gratitude for her contribution of time, energy and intellect. BE IT FURTHER RESOLVED: That this Resolution of Appre- ciation be made a part of the proceedinqs of the Formal Session of City Council this Eleventh day of April, 1983, in the City of Virqinia Beach, Virginia. Given under my hand and seal this Eleventh day of April, Nineteen Hundred and Eighty-Three. Mayor - 3 1 - ITEM II-G.2.a ITEM #19735 Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober, City Council voted to ADOPT the Resolution in Recognition to Scott Sterling for his contribution to Virginia Beach and its citizenry. Voting: I 0 - 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. 3 2 - RESOLUTION IN RECOGNITION WHEREAS: In the course of our lives, there are many people who attain fame and wealth for activities relating to their fellowmen. There are many who render such services at great personal sacrifice who are quiet and unassuminq in their mode of life and place more value on the com- fort and well-being of others than on praise or wealth. It is to one of these people that Members of the Virginia Beach City Council, on behalf of its citizens, recognize: SCOTT STERLING He was born in the old Princess Anne Hotel at the Oceanfront in 1923 to Dorothy and William Sterling. Forty years later, in 1963, he built the Princess Anne Inn. He has devoted his entire life to the comforts of others, not only at Princess Anne Hotel and now the Inn, but his progressive ideas and ideals have served as a catalyst to unite the hospitality industry in Virginia Beach for the benefit of all our citizens. He has consistently supported City programs geared to assist smaller properties with no direct benefit for himself. His hospitality has not only been in his gracious manner--HOSPITALITY has been his avocation as well as his vocation--he has made his property available at no cost for meetings, lodging and meals to visiting travel writers, planners,,tourism and he has constantly and loyally supported "whatever was good for Virginia Beach, regardless of cost in time or dollars". His philosophy has been that "every change is an opportunity or a chal- lenge". Scott Sterling has served on numberous Boards and Commissions -- always as a representative of the hospitality industry in Virginia Beach. His past and present memberships include: Governor's Travel Advisory Committee; Virginia Travel Council and its Board of Directors; Virginia State Chamber of Commerce and Virginia Beach Chamber of Com- merce and their Tourist Advisory Committees; Society of American Travel Writers; Lynnhaven Borough Advisory Council; Virginia Beach Erosion Commission; Virginia Beach Innkeepers Association which evolved into the Virginia Beach Tourist Bureau; Virginia outdoors Foundation; Virginia Beach Rotary; Virginia Beach Advertising Agency Selection Com- mittee; and, others. The Virginia Beach City Council recognizes this distinguished career and dedicated citizen with gratitude for his contribution to Virginia Beach and its citizenry. NOW, THEREFORE, BE IT RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Eleventh day of April, Nineteen Hundred and Eighty-Three. Given under my hand and seal this Eleventh day of April, Nineteen Hundred and Eighty-Three. Mayor - 3 3 - ITEM II-G.4 ITEM #19736 Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Section 28-4(a) of the Code of the City of Virginia Beach, Virginia, pertaining to sewer system impact fees and Section 37-8(a) pertaining to water @ystem impact fees. 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, III, 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. 3 4 - AN ORDINANCE TO AMEND AND REORDAIN SECTION 28-4(a) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO SEWER SYSTEM IMPACT FEES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 28-4(a) of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 28-4. Sewer system impact fees (line fees), generally. (a) The fees prescribed by the following subsections of this section shall be paid for the installation of sewers, such fees to be known as "line fees." Such fees shall also be applicable to a use or structure previously connected to the sewer whenever such use or structure is expanded, changed or modified. In such cases, the fees shall be determined on the basis of the total proposed new use or structure, less a credit, at current rates, for the existing use or structure or the last structure, if previously demolished; provided, the property has not been vacant for more than five-+S+ ten (10) years. No credit shall be allowed after fire-+S+ ten (10) years. This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of April -, 1983. RHM/da 3/29/83 (C) 3 5- AN ORDINANCE TO AMEND AND REORDAIN SECTION 37-8(a) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO WATER SYSTEM IMPACT FEES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-8(a) of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 37-8. Water system impact fees (line fees), generally. (a) The fees prescribed by the following subsections of this section shall be paid as the property owner's share of the cost of water system installation, such fees to be known as "line fees." Such fees shall also be applicable to a use or structure presently connected to the water system whenever such use or structure is expanded, changed or modified. In such cases, the fees shall be determined on the basis of the total proposed new use or structure, less a credit, at current rates, for the existing use or structure or the last structure, if previously demolished; provided, the property has not been vacant for more than five-+5+ ten (10) years. No credit shall be allowed after +4ve-+S+ ten (10) years. This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Boach, Virginia, on the ii day of L 1983. RHM/da 3/29/83 (C) - 3 6 - ITEM II-G.5 ITEM #19737 Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober, City Council voted to uphold the recommendation of the City Manager and APPROVE ON FIRST READING the Ordinance to accept Grants totaling $34,854 from the Virginia Department of Transportation Safety and to appropriate these funds. 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, 111, 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. 3 7 - AN ORDINANCE TO ACCEPT GRANTS TOTALING $34,854 FROM THE VIRGINIA DEPARTMENT OF TRANSPOR- TATION SAFETY AND TO APPROPRIATE THESE FUNDS WHEREAS, CitN,7 Council is interested in improving traffic safety and reducing traffic accidents within the City of Virginia Beach; and WHEREAS, grants totaling $34,854 from the Virginia Depart- ment of Transportation Safety are available for these purposes; and WHEREAS, no local funds are required. -.HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGTNIA BEACH that funds from the above grants be accepted and $34,854 be appropriated to carry out the programs as follows: Police Department. 1. DUI Task Force Program - $ 5,400 Public %brks, Traffic Engineering Division 1. Traffic Engineering Software and Hardware- 27,787 Purchase 2. Traffic Engineering Training 1,667 Total Appropriati $ on- 34,854 BE IT FURTHER ORDAINED that estimated revenues from the federal government be increased by $34,854 to finance the appropriation. This ordinance shall be effective from the date of adoption. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ON THE DAY OF -1983. First Reading: April 11, 1983 Second Reading: TO Cl@',,71..T - 38 - ITEM II-G.7.a/b TTEM #19738 Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize a temporary encroachment into a portion of the right-Of-way of a City 15' alley adjacent to those properties referred to as 800 through 816 Surfside Avenue, (Lots 8, 9, and 10, Block 13, Croatan Beach), to S & S Enterprises, its heirs, assigns and successors in Title; AND, the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of a City 15' alley adjacent to those properties referred to as 812 and 816 Surfside Avenue, (Lots 6 and 7, Block 13, Croatan Beach) to S & S Enterprises, its heirs, assigns and successors in Title. Approval is subject to the following: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or hazardous. 4. The owner agrees to connect to City facilities when they become available. 5. The owner agrees to obtain a highway permit for work to be done in the City right-of-way. 6. This encroachment shall not be in effect until the owner enters into an agreement encompassing tbe above conditions. Voting: 10-0 3 9 - 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, III, 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. 4 0- Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF A CITY 15' ALLEY ADJACENT TO THOSE PROPERTIES REFERRED TO AS 800 THROUGH 816 SURFSIDE AVENUE (LOTS 8, 9 AND 10, BLOCK 13, CROATAN BEACH) TO S & S ENTERPRISES, ITS HEIRS, ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, S & S ENTERPRISES, its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of a City 151 alley adjacent to those properties referred to as 800, 804 and 808 Surfside Avenue (Lots 8, 9 and 10, Block 13, Croatan Beach). That the temporary encroachment herein authorized is for the purpose of constructinq and maintaining septic tank drainage fields and that said encroachment shall be constructed 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 particularly described as follows: An area of encroachment into a portion of the right-of-way of a City 15' alley and adjacent to those properties known as 800, 804 and 808, Surfside Avenue (Lots 8, 9 and 10, Block 13, Croatan Beach), as shown on that certain plat entitled: SITE PLAN, LOTS 8, 9 AND 10, BLOCK 13, CROATAN BEACH FOR S & S ENTERPIRSES LYNNHAVEN BOROUGH, VIRGINIA BEACH, VA.,- a copy of which is attached hereto 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 Virqinia Beach to S & S Enterprises, its heirs, assiqns and successors in title and that within thirty 30 days after such - 4 1 - notice is given, said encroachment shall be removed from the right-of-way of a City 151 alley adjacent to such properties referred to as 800, 804 and 808 Surfside Avenue (Lots 8, 9 and 10, Block 13, Croatan Beach) its, 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 S & S Enterprises, its heirs, assigns and successors in title shall indemnify and hold harmless the City of Virqinia 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 S & S Enterprises, its heirs, assigns and successors in title 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 11 day of At)ril 1983. MES/re 2/3/83 3/3/83 APPROVED P@S TO CO@ITENT (29) DEP,',PTt.'. '4T p - 4 2 - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF A CITY 15' ALLEY ADJACENT TO THOSE PROPERTIES REFERRED TO AS 812 AND 816 SURFSIDE AVENUE (LOTS 6 AND 7; BLOCK 13, CROATAN BEACH) TO S & S ENTERPRISES, ITS HEIRS, ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, S & S ENTERPRISES, its heirs, assiqns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of a City 15' alley adjacent to those properties referred to as 812 and 816 Surfside Avenue (Lots 6 and 7, Block 13, Croatan Beach). That the temporary encroachment herein authorized is for the purpose of constructing and maintaining septic tank drainage fields and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the right-of-way of a City 151 alley and adjacent to those properties known as 812 and 816 Surfside Avenue (Lots 6 and 7, Block 13, Croatan Beach), as shown on that certain plat entitled: 'SITE PLAN, LOTS 6 and 7, BLOCK 13, CROATAN BEACH FOR S & S ENTERPIRSES LYNNHAVEN BOROUGH, VIRGINIA BEACH, VA.," a copy of which is attached hereto 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 S & S Enterprises, its heirs, assigns and successors in title and that within thirty 30 days after such 4 3 - notice is given, said encroachment shall be removed from the right-of-way of a City 151 alley adjacent to such properties referred to as 812 and 816 Surfside Avenue (Lots 6 and 7, Block 13, Croatan Beach) its, 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 S & S Enterprises, its heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that S & S Enterprises, its heirs, assiqns and successors in title executes an aqreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of April 1983. MES/re 2/3/83 APi"ZO\'E@) ;!.S TO CONTENT 3/7/83 (29) DEP A, R ft@ 74T I Al I P@ ciry @lly - 4 4 - ITEM II-G.8 ITEM #19739 Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance appointing Viewers in the petition of Bruce B. Mills for the closure of a portion of Dutch Street, in the Kempsville Borough. 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, III, 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. - 4 5- ORDrNANCEAPPOrNTrNG VIEWERS WHEREAS, Bruce B. Mills has given due and proper notice, in accordance with the statutes for such cases made and provided that he will on the- 1-Ith -day of 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 of the hereinafter described poxtion of thkt certain street, and has filed such application with said Council. NOW THEREFORE, be it ORDAINED by the Council of the City of Virg.inia Beach, Virginiat THA T -5.C 0 t Lambert David M. Grochmal are hereby aRpointed to view the below described property and report in writing to the Council as soon as p:)ssible , whether in their opinion, any, and if any, what.inconvenience would result in the discontinuing and vacating of a p3rtion of that certain street located in the City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT certain portion of Dutch Street (formerly 5th Street) as shown on the G. W. DEAL MAP, Plat No. 2, a copy of which plat is duly recorded in the Circuit Court Clerk's Office of Virginia Beach, Virginia, in Map Book 70, at Page 7-B, the portion to be vacated being more particularly shown on that survey entitled, "PROPERTY OF BRUCE B. MILLS A PORTION OF THALIA VILLAGE", a copy,ofwhich is attached hereto, and the portion to be vacated being outlined in red on the attached survey and being more par- ticularly bounded and described as follows- Beginning at ti-le northeast corner of Lot 25, Block 17, G. W. DEAL MAP, Plat No. Z; thence N82 '50'03"W 36. 00 feet to the northwest corner of said lot 25; thence NZZ '05'53" E 5 1. 75 feet to a point; tlience S82 '50100,'E 20. 00 feet to a point; thence S07* 10' 0011 w 50. 00 feet to tlie POINT OF BECMING. - 4 6 - ITEM 11-G.9 ITEM #19740 Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Southern National Leasing Corporation for the lease/purchase of electronic voting equipment totaling $158,180. Southern National Leasing Corporation offers ten semi-annual payments in arrears at an annual interest rate of 9.95%. Semi-annual payments would be approximately $20,460.17; and, authorized the City Manager to enter into the necessary agreements for the implementation of this project. 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, III, 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. - 4 7 - ITEM II-G.3 ITEM #19741 COUNCILMAN JENNINGS RETURNED TO COUNCIL CHAMBERS Thomas W. Fisher, Branch Manager, Kolbe Company, spoke in favor Upon motion by Councilman Kitchin, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the encroachment of a nonconforming use located at the southwest corner of 18th Street and Mediterranean Avenue as per the request of Ronald S. Bray, of Baldwin and Gregg, Ltd., on behalf of Kolbe Company. Approval is subject to the following amendment: No less than 12 parking spaces 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 - 4 8 - At a meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the City Hall Building, on the 11 day of April , 1983. On motion bycouncilman Kitchin and seconded by Councilman Baug, the following resEl-uEio-n was adopted. R E S 0 L U T I 0 N WHEREAS, John G. Kolbe, Incorporated, a Virginia corporation, desires to construct a warehouse addition to its commercial food service equipment company located at 18th Street and Mediterranean Avenue as shown on the attached survey; and WHEREAS, the present use and existing structure do not conform to the provisions of the Comprehensive Zoning Ordinance because commercial food service equipment and warehouse buildings are not allowed in the C-1, Arts and Conference District; and WHEREAS, pursuant to S105(d) of the Comprehensive zoning ordinance, City Council may authorize the enlargement or extension of a nonconforming use and the enlargement of a nonconforming structure if Council finds that the use as enlarged or extended and the structure as enlarged are equally appropriate or more appropriate to the zoning district than are the existing nonconformities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that the enlargement or extension of the nonconforming use and the enlargement of the nonconforming commercial food service equipment building located at 18th Street and Mediterranean Avenue, as shown on the attached survey, which is hereby incorporated by reference, are equally appropriate or more appropriate to the zoning district in which they are located than are the existing nonconformities, and the City Council hereby authorizes the enlargement or extension of the nonconforming use and the enlargement of a nonconforming structure in the manner shown on the attached survey. Adopted by the Council of the City of Virginia Beach, Virginia, on 11 April l9a3- CMS/CJ/da 3/24/83 (2) i,,@.,"LO FJDFUA - 49 - ITEM 11-G.6 ITEM #19742 C. Oral Lambert, Director of Public Works, and John Herzke, Traffic Engineer, spoke concerning this matter. Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council voted to ADOPT the Ordinance to transfer Capital Project Funds of $103,105 to eliminate the deficit and provide for additional computer software in Capital Project 2-412, Virginia Beach Boulevard, Phase 1. No local funds are required. Voting: I I - 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. JoDes, 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 50- AN ORDINANCE TO THANUEA @"t@TA PROJECT FUNDS OF $103,105 L ELIMINATE THE DEFICIT AND IROVIDE FOR ADDITIONAL COMPUTER 90MAPX IN CAPITAL PROJECT 2-412 VIR.OlIfIA BEACH BOULEVARD - PHASE I WHEREAS, the State Highway Department designed tho bid SPeCifications for the Virginta Beacb $oulevard Signalization Project in broad general tetios in ord4SSr,,@@ tO minimize the ctlance of excluding bidders,land. WHEREAS, certain software features, *bich,tbLo" lidpartment:of Public Worts desfr'ed were d'bieted @rom th.e bid sperificational, and WHEREAS, with the signalization proi4ct n@i6l completion tbe D6partment of Public Works now desires to obtain this software which includes additional datEL base, more reporting capabilities, extended display and additional maintenance and internal seculity fu at a total cost of $38,105, and WHEREAS, Capital Pioject 2-412 Vi' inla BOILCI Phase I has a deficit oi approximately $65,900 so 11 @SL transfer of $103,105 is needed to ef'iminilte the di6l and purchase the additional software, aild WHEREAS, the necessary funding is available fr@m t Virginia Beach Boulevard Phase Ill project due to th@ rescheduling of activities and the Bridge Ouardrail Installation project due to excess funds upon project completion. NOW, THEREFORE, BE IT ORDAINED BY @i& COUN6it.0@ Tnt CITY OF VIRGINIA BEACH that capital prpject funds of $104 be transferred between capital projects as indicated@beloo to eliminate the deficit and provide fok clddition* software in project 2-412 Virginia Beach Boulevii* 5 1 - Transfer from: 2-929 Virginia Beach Boulevard Phase III $ 76,804 2-950 Bridge Guardrail Installation 26,301 $103,105 Transfer to: 2-412 Virginia Beach Boulevard Phase I $103,105 Adopted by the Council of the City of Virginia Beach on the llth day of April 19 83 APPROVED AS TO COP4T['- SIGNATURE DEPARTMENT - 5 2 - ITEM II-G.10 ITEM #19743* COUNCILMAN JONES LEFT COUNCIL CHAMBERS David Howard, representing Plaza Dance, Figure and Speed Skating Club Jean Campbell, Poesidia Institute Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and DENY the application of Plaza Dance, Figure and Speed Skating Club for a Bingo Permit. Voting: I 0- 0 Council Members Voting Aye: (for denial) John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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: Robert G. Jones *THIS ITEM WAS CORRECTED BY CITY COUNCIL ON April 18, 1983 - 5 3 - P L A N N I E G A G E N D A ITEM II-H.I.a ITEM #19744 Robert B. Cromwell, Jr., represented the applicant Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of SHORE DRIVE ASSOCIATES for a Conditional Use Permit as per the following subject to the following amendment to condition number two: 2. A six-foot privacy fence along the southern and western property lines to screen the proposed use from adjacent residential structures. Discretion shall be used during site plan review to accomplish purposes of compatible neighborhood integrity. Landscaping along the eastern property line as depicted on the site plan. ORDINANCE UPON APPLICATION OF SHORE DRIVE R0483532 ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Shore Drive Associates for a Conditional Use Permit for mini-warehouses on certain property located on the South side of Shore Drive beginning at a point 259.32 feet East of Diamond Springs Road, running a distance of 509.46 feet along the South side of Shore Drive, running a distance of 287.83 feet along the Eastern property line, running a distance of 640.81 feet along the Southern property line and running a distance of 276.14 feet along tbe Western property line. Said parcel contains 3.631-acres. BAYSIDE BOROUGH. During further review of the development plans for this project, the following may be required by the staff: 1. City water and sewer. 2. A six-foot privacy fence along the southern and western property lines to screen the proposed use from adjacent residential structures. Discretion shall be used during site plan review to accomplish purposes of compatible neighborhood integrity. Landscaping along the eastern property line as depicted on the site plan. 3. Lighting directed away from adjacent residences. 4. No additional medial openings. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of April, 1983. 5 4 - Voting: I 1- 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 5 - ITEM II-H.l.b ITEM #19745 Attorney Robert B. Cromwell, Jr., represented the applicant Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of THRIFT CAR CARE, INC., for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF THRIFT CAR R0483533 CARE, INC., FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE AND SMALL ENGINE REPAIRS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNTA BEACH, VTRGINIA: Ordinance upon application of Thrift Car Care, Inc., for a Conditional Use Permit for automobile and small engine repairs on certain property located at the Southeast corner of Haygood Road and Aragona Boulevard, running a distance of 150 feet along the South side of Haygood Road, running a distance of 150 feet along the Eastern property line, running a distance of 150 feet along the Southern property line and running a distance of 150 feet along the East side of Aragona Boulevard. Said parcel contains 22,500 square feet. BAYSIDE BOROUGH. During further review of the development plans for this project, the following may be required by the staff: 1. City water and sewer. . 2. All repair work conducted indoors. 3. Further development of the site to comply to the Site Plan Ordinance. This Ordinance shall be effective from date of adoption. Approved by the Council of the City of Virginia Beach, Virginia, on tbe Eleventh day of April, 1983. 5 6 - Voting: I 1-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 5 7 - 1TEM II-H.2.a ITEM #19746 Attorney Grover C. Wright, Jr., represented the applicant The following spoke in opposition: Peter C. Athens Jack DeCaprio Eugene Farrar Dr. Benjamin Troutman, 535 Lake Drive Dick Bishop, relinquished his time Councilman Heischober made a motion, seconded by Councilman Jennings, to APPROVE the application of PATRICK L. STANDING for a Conditional Use Permit for three duplexes. Councilman Kitchin offered a SUBSTITUTE MOTION, seconded by Councilwoman Oberndorf, to DENY the application of PATRICK L. STANDING for a Conditional Use Permit for three duplexes. The recorded vote on the SUBSTITUTE MOTION is as follows: Voting: 5 - 6 Council Members Voting Aye: (substitute motion) Vice, Mayor Barbara M. Henley, Robert G. Jones*, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, and J. Henry McCoy, Jr., Council Members Absent: None *COUNCILMAN JONES VOICED A VERBAL "AYE" - 5 8 - The recorded vote on the MAIN MOTION is as follows: Voting: 7 - 4 Council Members Voting 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 - 5 9 - ORDINANCE UPON APPLICATION OF PATRICK L. R0483534 STANDING FOR A CONDITIONAL USE PERMIT FOR THREE DUPLEXES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Patrick L. Standing for a Conditional Use Permit for three duplexes at the Southeast intersection of Lakewood circle and Mediterranean Avenue on Lots B, C, and D, Lot 104, Lakewood. Said parcels contain 15,161.7-square feet. VIRGINIA BEACH BOROUGH. When the development plans for this project are reviwed by the staff, the following may be required: 1. City water and sewer. This Ordinance shall be effective from date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of 11, 1983. - 60- 1TEM II-H.2.b ITEM #19747 COUNCILMAN McCOY LEFT COUNCIL CHAMBERS Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to EXTEND the 120 day time limita- tion and grant FINAL APPROVAL to the ordinance closing, vacating and discontinuing a portion of Old Virginia Beach Boulevard in the petition of Jack and Dorcas Helfant, in the Lynnhaven Borough. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, R. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. 6 1 - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS OLD VIRGINIA BEACH BOULEVARD AS SHOWN UPON THI PLAT SHOWING PROPOSED CLOSURE OF A PORTION OF OLD VIRGINIA BEACH BOULEVARD LYNNHAVEN BOROUGH --- VIRGINII NIA WHEREAS, it appearing by Affidavit that proper notice has they been given by JACK HELFANT & DORCAS HELPANT that xkk would make application to the Council of the City of Virginia Beach, Virginia, on May 10 , 1982 , to have the hereinafter-described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAIN8D by the Council of the City of Virginia Beach, Virginia, that the hereinafter-described street be discontinued, closed and vacated: BEGINNING at a point at the NE intersection of Old Virginia Beach Boulevard and Virginia Beach Boulevard; thence running N 49*13'52" E 120.70' to a point on the southern right-of-way line of Old Virginia Beach Boulevard, which point is known as the point of beginning; thence continuing from said point N 49'1315211 E a distance of 150.71' to a point on the southern right-df-way line of Old Virginia Beach Boulevard; thence turhing and running N 40*46'8" E 12.11' to a point; tbence turning and running N 40*26'42" E 12.11'R. to a point on the northern right-of-way line of Old Virginia Beach Boulevard; thence turning and running along the northern right-of-way line along a curve arc the radius of which is 452.47', arc - 8.34', to a point; thence continuing along the nortbern right-of-way line of old Virginia Beach Boulevard S 50*36'40" W 16.81' to a point; thence turning and running N 45* 58'2" W 6.91' to a point still on the northern right-of-way line of Old Virginia Beach Boulevard; thence turning and running S 48@59'28" W 125.10' to a point still on the northern right-of-way line of Old Virginia Beach Boulevard to a point; thence turning and running S 41'00'32'- E 15.45' to a point; thence continuing S 40*46t8l' E 15.45' to the point of beginning. Said parcel of land being a portion of Old Virginia Beach Boulevard 6 2 - oil tti @At c-,:,i 4i, 1,,:,: C)Il 1 -@C, !'!),o 1) cilo,@t)illlll oil oil LYN'il-;AVEN I-Ici-11-111@11----Vi,,,'INT7,@ DEAC,'I, VI@7,Gl,@iA. A COY'.--i-f4---d cor,@, of this Or@4n-nce@ rhall, be filed in the Clerl-'s Office of @,h@ Cir,@,i@- Co,,lrt o@ -,he (--ity of Vi-ginia Beach i!idexed iri the r@,imc Of i--I',C- Ci-ty of Bpach a, Grantor. This Ordinance shall be in effect thirty (30) days from the date of its passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of April, 1983 - 6 3 - ITEM II-H.2.c ITEM #19748 Attorney Bruce Murphy represented the applicant Upon motion by Councilman Heischober, seconded by Councilman Jennings, City Council voted to uphold the recommendation of the Planning Commission and DENY the application of NEWSOME FARM ASSOCIATES for a Variance to Section 4.4(b) of the Subdivision Ordinance , pr the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision ordinance, Subdivision for Newsome Farm Associates. Property located at the Northwest corner of Connie Lane and Lawrence Drive. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Voting: 9 - 2 Council Members Voting Aye: (for denial) 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, and Meyera E. Oberndorf Council Members Voting Nay: Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None - 6 4 - ITEM ii-H.2.d ITEM #19749 Attorney Michael Inman represented the applicant Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of DR. ROBERT W. WADDELL, TRUSTEE FOR VIRGINIA BEACH ORTHOPEDIC ASSOCIATES EMPLOYEE PROFLT SHARING PLAN, for a Classification as per the following A-3 Apartment District TO A-2 partment District: ORDINANCE UPON APPLICATION OF DR. ROBERT Z0483713 W. WADDELL, TRUSTEE FOR VIRGINIA BEACH ORTHOPEDIC ASSOCIATES EMPLOYEE PROFIT SHARING PLAN, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY-BUSINESS DISTRICT TO A-2 APARTMENT DISTRICT (MODIFIED FROM A-3 APARTMENT DISTRICT) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VLRGINIA BEACH, VIRGINIA: Ordinance upon application of Dr. Robert W. Waddell, Trustee for Virginia Beach Orthopedic Associates Employee Profit Sharing Plan, for a District Classification from B-2 Community-Business District to A-2 Apartment District (modified from A-3 Apartment District) on certain property located on the Northwest side of Witchduck Road beginning at a point 490.45 feet Southwest of Ferry Plantation Road, running a distance of 203.77 feet along the Northwest side of Witchduck Road, running a distance of 492.99 feet in a Northwesterly direction, running a distance of 235 feet in a Northeasterly direction and running a distance of 408.09 feet in a Southeasterly direction. Said parcel contains 2.476-acres. BAYSIDE BOROUGH When the development plans are reviewed by the staff, the following may be required: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. It is also agreed that the following condition will be met: 1. Modified to A-2 Apartment District. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of ril, 1983. 6 5 - Vot ing: I I - 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 - 6 6 - ITEM II-H.2.e ITEM #19750 Attorney Donald E. Rhodes represented the applicant Mrs. Sadye Shaw, Newsome Farms Civic League, spoke in opposition, and presented a petition from residents in the area (a copy of which will be made a part of these proceedings.) Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council voted to APPROVE the application of MARGARET R. MILLS AND GARPHINE E. SMITH for a Change of Zon Classification as per the following: ORDINANCE UPON APPLICATION OF MARGARET R. Z0483714 MILLS AND GARPHINE E. SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 RESIDENTIAL DISTRICT TO A-1 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Margaret R. Mills and Garphine E. Smith for a Ch f Zoning District Classification from R-6 @esidential District to A-1 Apartment District on certain property located 412.75 feet East of Lawrence Drive beginning at a point 304 feet North of Daniel Smith Road, running a distance of 333.50 feet in a Northeasterly direction, running a distance of 572 feet in a Southeasterly direction, running a distance of 356.38 feet in a Southwesterly direction and running a distance of 570 feet more or less in a Northwesterly direction. Said parcel con- tains 5-acres more or less. BAYSIDE BOROUGH. When development plans are reviewed by the staff, 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 date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of April, 1983. 6 7 - Voting: 6 - 5 Council Members Voting Aye: i.h. A. Baum, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S- Council Members Voting Nay: Nancy A. Creech, Vice Mayor Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. oberndorf Council Members Absent: None - 6 8 - U N F I N I S H E D B U S I N E S S ITEM 11-J.1 ITEM #19751 Councilman Baum made several comments concerning the recent decision of the Arts and Humanities Commission that there be no regional cooperation regarding the arts and humanities and noted the final decision is with the City Council. E X E C U T I V E S E S S I 0 N ITEM 11-L.1 ITEM #19752 Upon motion by Councilman Jones, seconded by Councilwoman Oberndorf, City Council voted to RECESS into EXECUTIVE SESSION (7:00 p.m.) pursuant to Section 2.1-344 Code of Virginia, as amended, for the purpose of discussing Personnel Matters, Public Funds investment and Legal Matters after which to adjourn. Voting: 10-1 Council Members Voting Aye: John A. Baum*, Nancy A. Creech, Harold Heischober, Vice Mayor Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III*, Reba S. McClanan*, and Meyera E. Oberndorf* Council Members Voting Nay: J. Henry McCoy, Jr., D.D.S. Council Members Absent: None *COUNCILMAN BAUM VOICED A VERBAL "AYE" *COUNCILMAN KITCHIN VOICED A VERBAL "AYE" *COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE" *COUNCILWOMAN OBERNDORF VOICED A VERBAL "AYE" - 6 9 - A D J 0 U R N M E N T ITEM II-L.2 ITEM #19753 Upon motion duly made and seconded City Council adjourned at 7: 30 p m . Diane M. Hickman, Deput C-ty Cl@rk .th Hdg@. Im.1h, IMC iiayor s City Clerk City of Virginia Beach, Virginia 11 April 1983 dmh/bh