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HomeMy WebLinkAboutAPRIL 4, 1983 MINUTES Cit@@f "WORLD'S LARGEST RESORT CITY" CITY COI,';VC/L MAYOR LOT@I.S R. ]ONES, ll@,,,.gb VICE-MAYOR 13ARt3ARA M. IIENLEY, P@.g. R@,@.gb ]Oii,N A, BAliM. ,NANCY @l (:REECII. Al [-.,g@ IIAROLD IIEISCIIOBER. Al L.,g@ 11, JACK JEN,'IIV(;S. JR.. R013ERT G. JONE@, Al L.,g. W Ii. K17(-Iit iii, V"91-11, 13@-lb REBA S. @il, CLANAN, A@@@ B@-.gb 212 CITY HALL BUILDING J. IIENRY @1/21,Coy, JR.. B@-@gb MIIN[CIPAL CENTER MEYERA F 013ERNDORF, At L.,g, VIRGINIA BEACH, VIRGINIA 23456 R(ITII IIOD(;ES SMITII. CMC, City Cillk (804) 427-4103 CITY COUNCIL AGENDA April 4, 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 Mayor. 2. Matters for discussion by Council. 3. Review of Planning Items. E. CITY MANAGER'S ADMINISTRATIVE ITEMS: 1. Financial Statements for bruary 28, 1983: Discussion. 2. Selection of Firm for Annual Audit: Discussion. 3. Proposal by U.S. Navy to Base the Landing Craft Air Cushion (LCAC) Vehicles in Virginia Beach: Discussion. 4. Review of Consent Agenda. ITEM II FORMAL SESSION: 2:00 P.M. A. INVOCATION: Reverend William F. Mahon Charity United Methodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to Accept/Approve the Minutes of March 28, 1983. E. PRESENTATION 1. Resolutions in Recognition. a. "Tour of America Day" - Friday,April 8, 1983. b. Fred Napolitano. c. Cleta Liverman. 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) G. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution in Recognition of "Tour of America Day" - Friday, April 8, 1983. 2. Resolution in Recognition of Fred Napolitano recently retired President of National Association of Home Builders. 3. Resolution in Recognition of Cleta Liverman who served as General Registrar from January 1, 1976 until January 31, 1983. 4. Resolution accepting Long-Term Care Plan for FY-84 and directing the Chairman of the Long-Term Care Coordination Committee to submit it to the State. 5. Resolution authorizing the chakging off of uncollectible accounts totaling $70,682.90. 6. Ordinance to Amend and Reordain Section 18-75(b) of the Code of the City of Virginia Beach, Virginia, pertaining to contractors and persons constructing houses for sub- sequent sale or rental. ITEM II G. CONSENT AGENDA (Cont'di 7. Ordinance, on SECOND READING, to authorize one new f,ll- time position in the Coimnunity Development Housing Rehabilitation Section. 8. Ordinance to authorize a temporary encroachment into a Portion of the right of way known as Ocea, Avenue (the Boardwalk area) to Mr. John C. Rogers of Sand Dollar Associates. 9. Certificate of Public Convenience and Necessity: Dr. David W. Best - Virginia Beach Dialysis Center. 10. Raffle Permits: Kellam High School Band Parents' Association NAS Oceana Youth Development Program ii. Request of the City Treasurer for Tax R,-funds in the amount of $892.57. H. PLANNING ITEMS 1. Application of John C. Aspinwall for a conditional use permit for mini-warehouses on a 4.4-ac P-rc., located long the Outh side of Shore Drive, west of Independence Boulevard (Bayside Borough). (This matter was deferred for one week on March 28, 1983) a. Letter from the City Manager transmits the recommendation of the Planning Commission for oval. 2. Application of t Corporation for a from ht Industr ial District to ' t I-' Ll B-4 Resort D rtr',.t n . 6,3 81_squa@e f..t parce.L located along the south side of Pinewood Drive,, west of Mediterranean Avenue (Virginia Beach Borough). (This matter was deferred for one week on March 28, 1983) a. Letter from the City Ilanager transmits the recommendation of the Planning Commission for oval. 3. Ordinance closing, yacating and discontinuine a 24- foot unna e@d right-of-way in the petition of Richard H. Kline (Lynnhaven Borough). (This matter was deferred for one week on March 28, 1983) a. Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for val. 4. Ordinance closin , tin and a portion of Lynn Shores Drive in the petition of Thomas G. and Irma C. Harty and Thomas M. and Rita K. Vojtek (Bayside Borough). (This matter was deferred indefinitely on March 21, 1983) a. Letter from the City Manager transmits the recommendation of the Planning CoTnmission, and the Viewers concur, for oval. ITEM II H. PLANNING (Cont'd) 5. Ordinance closing vacating and discontinuing a portion of a 30-fo'ot righ; of way on the west side of Indian Avenue, south of Maryland Avenue (Lynnhaven Borough) in the petition of Lands End Associates, a Virginia Limited Partnership. a. Letter from the City Manager transmits the recommendation for final approval as on November 1, 1983, Council approved this closure. 1. APPOINTMENTS a. Personnel Board J. UNFINISHED BUSINESS 1. Decision on COX CABLE rate increase procedure. (Continued from March 28, 1983 Council Meeting) K. NEW BUSINESS L. ADJOURNMENT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 4 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, April 4, 1983, at Twelve-Thirty in the afternoon. Council Members Present: John A. Bam, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Meirbers Absent: J. Henry McCoy, Jr., D.D.S. - 2- ITEM #19675 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE 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 @loynent, assignnent, appointnent, prcmtion, per- fonmnce, dcmotion, salaries, disciplining, or resignation of public officers, appointees or employees. *2. PUBLicLy HELD PROPERTY: Discussion or consideration of tHe co-ndi io@n, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property @ed or desirable for ownership by such institution. *3. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or bargaining is involved, where if made public initially the financial interest of the goverrznental unit would be adversely affected. 4. 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 Jones, 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. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *Motion was amended to include Publicly Held Property and Public Funds Investment. 4 / 48 3 - 3 - M A T T E R S B Y C 0 U N C I L M E M B E R S TWENTIETH BIRTHDAY ITEM #19676 Vice Mayor Henley reported to Council the activities planned for the Twentieth Birthday Celebration and noted the Special Meeting of City Council will be held on April 24, 1983, at 7:30 p.m., in the Pavilion Theatre, to pay tribute to those persons who were instrumental in the merging of Princess Anne County and the old City of Virginia Beach. PROPOSED ORDINANCES ITEM #19677 Councilman Jennings presented Council, for their perusal, the Ordinances relating to Chesapeake Beach and requested they be placed on the Council Agenda of April 11, 1983, for consideration. 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. ordinance to amend and reordain Section 6-6 o@' the Code of the City of Virginia Beach pertaining to taking food or drink on beach or adjacent streets Ordinance to amend and reordain Section 12-5 of the Code of the City of Virginia Beach pertaining to fires on beaches. 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 FINANCIAL REPORT ITEM #19678 The City Manager asked Mr. Giles G. Dodd, Assistant to the City Manager for Finance and Research, to make a presentation to City Council concerning the City of Virginia Beach Interim Finance Statements for the period July 1, 1982, through February 28, 1983. - 4- GENERAL FUND Revenues in the General Fund, excluding general property taxes, through February 28, 1983, amounted to $61,602,855 or 58.0% of the total estimated for the year. This compares with 56.6% of the annual revenues reported through February 28, 1982, and 54.8% through February 28, 1981. The amount shown as General Property Taxes is the unadjusted current net levy which was due December 5, 1982, as well as delinquent collections and adjustments on prior years' levies. The following analysis is presented for the current year levies to show the status of collections: General % of Levy % o" Levy Property Collections Collected Collected Taxes 2/28/83 2/28/83 2/28/83 1983 1st Half RE Base $27,222,893 $26,518,924 97.4% 96.8% 1982 2nd Half PP Base 2,183,707 1,867,907 85.5% 84.4% Total Current Levies Base $29,406,600 $28,386,831 96.5% 96.0% Other 1,408,923 Total General Property Taxes $30,815,523 Expenditures and encumbrances through February 28, 1983, continue to be incurred at a rate less than FY 1982 and FY 1981. The $100,763,843 shown is 53.6% of the total appropriated for the year. This compares with 59.6% of the annual expenditures reported through February 28, 1982, and 60.2% through Fehruary 28, 1981. OTHER LOCAL TAXES This shows each major revenue source within the "Other Local Taxes" category. Through February 28, 1983, it still appears that taxes on cigarettes and hotel rooms are running below estimates. Receipts from automobile licenses (City Decals) totaled $3,032,503 or $835,293 higher than the total receipts received through the comparable period of FY 1982, but the total appears to be running below the estimate. However, other local taxes in the aggregate amount to $29,941,613 or 56.4% of the total estimated for the year. This compares favorably with 54.4% in FY 1982 and 52.3% in FY 1981. FROM THE COMMONWEALTH This shows each source if receipts are estimated in excess of $1-Million and a combined "other" amount "or all of the other Commonwealth sources. The Maintenance of Roads and State Share of Sale Tax receipts are still below expectations. Revenue from the Commonwealth in the aggregate amounts to $21,242,828 or 55.9% of the total estimated for the year. This compares with 59.5% in FY 1982 and 56.2% in FY 1981. - 5- SCHOOL OPERATING FUND Excluding the transfer from th6 General Fund, revenues in the School operating Fund through February 28, 1983, amounted to $35,329,063 or 67.4% of the total estimated for the year. This compares with 63.3% in FY 1982 and 71.1% in FY 1981. Expenditures and encumbrances through February 28, 1983, totaled $61,698,974 or 53.3% of the total appropriated for the year. This compares favorably with 55.9% in FY 1982 and 57.9% in FY 1981. WATER AND SEWER FUND Revenues in this enterprise fund through February 28, 1983, amounted to $16,127,851 or 63.0% of the total estimated for the year. This compares favorably with 54.9% in FY 1982 and 46.8% in FY 1981. Revenues in each category reflect higher reported percentages through February 28, 1983, than for similar periods in the previous two fiscal years. However, the most favorable positions are shown in Charges for Services and Water and Sewer Main Extensions and Line Fees. Expenditures and encuinbrances through February 28, 1983, totaled $16,110,403 or 59.9% of the total appropriated for the year. This compares with 59.2% in FY 1982 and 64.8% in FY 1981. It should be noted that the total budget amount of $26,891,467 shown in FY 1983 and actual totals shown in FY 1982 and FY 1981 exclude the utility system depreciation expense. This is to enhance comparability, as the depreciation expense on the utility system is not budgeted. ANNUAL AUDIT ITEM #19679 The City Manager asked Mr. Giles G. Dodd, Assistant to the City Manager for Finance and Research, to make a presentation to City Council concerning the selection of the firm for the City's Annual Audit. Mr. Dodd advised that while twelve (12) firms were sent a Request for Proposal only seven proposals were received by the March 18, 1983, deadline. The Auditor Selection Committee reviewed the proposals and rated each firm based on the evaluation criteria recommended by the Municipal Finance Officers Association (MFOA). The following is a summary of the factors recommended by MFOA: 1. Responsiveness in clearly stating the understanding of the work to be performed. 2. Auditing experience in local governments and similar entities. 3. Audit team's qualifications and professional activities. -6 - 4. organization, size and structure of the firm. 5. Cost of the Audit. The point system places a heavier emphasis on technical factors (75 percent) than on cost (25 percent): Technical Points 1. Prior Auditing Experience - Maximum of 25 points 2. organization, size and structure - Maximum of 5 points 3. Qualifications of Staff - Maximum of 25 points 4. Understanding of the work to be performed - Maximum of 20 points Total Technical Points - Maximum of 75 Independent Audit and Accointing Services Cost Points Maximum of 25 points Total Points - Maximum of 100 Mr. Dodd advised that the Auditor Selection respectfully recommends that Arthur Young and Company be selected to be the independent auditors for the City of Virginia Beach for three (3) years. This matter is on the FORMAL AGENDA for further discussion and vote. LCAC VEHICLES ITEM #19680 Councilman Jennings presented Council with information concerning the U. S. Navy's proposed Landing Craft Air Cushion (LCAC) Base and Training Beaches and advised in September of 1982, he and several other persons went to Panama City, Florida, to review the LCAC vehicles and noted several assurances were given such as a Memorandum of Understanding to re-evaluate possible joint use of the beach areas to be impacted, etc. Councilman Jennings advised "he is very concerned over this matter" and requested a Resolution be adopted requesting the Navy to limit the training of the LCAC vehicles so it will not be detrimental to the health, safety and general welfare of the citizens and visitors of Virginia Beach. This matter will be placed on the FORMAL AGENDA under NEW BUSINESS. 7 - REPORT ON TIDEWATER TRANSIT RAIL SYSTEM STUDY ITEM #19681 Councilwoman Creech reported to Council on the Tidewater Transit District Commission Light Rail System and advised that she and Councilman McCoy joined representatives of Tidewater Transit District Commission (TTDC) who visited San Diego, California, to study its light rail system and other facets of its economic development. This rail route has many similarities with a potential mass transit rail route between Virginia Beach and Norfolk, and is considered a model program. The System has an extremely high level of safety and appears to be quiet, efficient and popular. CLERICAL/LONGSHOREMEN ITEM #19682 Councilwoman Creech advised that in 1982 the Virginia Industrial Commission ruled that all employees at a marina must be classified as either clerical or longshoremen for Workman's Compensation. In view of the fact that Virginia Beach has a large percentage of water-related activities Councilwoman Creech would like to bring to Council's attention there is a Senate Bill, S-38, which will be coming before the United States Senate. This Bill would exempt pleasure boat marinas from carrying longshoreman and harbor workers coverage on employees (marinas with boats 65-foot or under). City Council RECESSED into EXECUTIVE SESSION, (1:35 p.m.) - 8- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 4 April 1983 2:10 p.m. Council Members Present: John A. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. jack jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyra E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S. INVOCATION: Reverend William P. Mahon Charity United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 9- M I N U T E S ITEM II-D.1 ITEM #19683 Upon motion by Vice Mayor Henley, seconded by Councilman Baum, City Council voted to APPROVE the Minutes of the Regular Meeting of March 28, 1983. Voting: 8-0 Council Members Voting Aye: Jobn A. Baun, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones*, Robert G. Jones, Reba S. McClanaLn, and Meyera E. Oberndorf Council Members Voting Nay: None Council members Abstaining: Nancy A. Creech, W. H. Kitchin, III Council Members Absent: J. Henry McCoy, Jr., D.D.S. *MAYOR JONES VOICED A VERBAL "AYE" -10- P R E S E N T A T I 0 N ITEM II-E.l.a ITEM #19684 Mayor Jones read the Resolution in Recognition of "Tour of America Day" - Friday, April 8, 1983, and presented same to Robert Ingram, Vice President of World Tour Cycling and General Manager ol- the Tour of America. Mr. Ingram advised, for many of the participants, this will be their first visit the United States. ITEM II-E.l.b ITEM #19685 Councilwoman Creech read the Resolution in Recognition and presented same to Fred Napolitano for his contribution to the citizens of this City and for his state and national recognition of personal and professional accomplishments. ITEM II-E.l.c ITEM #19686 The Resolution in Recognition of Cleta Liverman was DEFERRED ONE WEEK, (April 11, 1983). R E S 0 L U T I 0 N ITEM II-F.1 ITEM #19687 COUNCILWOMAN CREECH LEFT COUNCIL CHAMBERS Upon motion by Councilman Jennings, seconded by Councilwoman McClanan, City Council voted to DEFER ONE WEEK, (April 11, 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 for one week on March 28, 1983.) Voting: 9-0 Council Members Voting Aye: (for deferral) John A. Ba@ Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, and J. Henry McCoy, Jr., D.D.S. 1 2- A RTSOLUTION 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 cormnittee, 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 operatinq 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 4, 1983 - 1 3- C 0 N S E N T A G E N D A ITEM II-G ITEM #19688 Upon motion by Councilman Heischober, seconded by Councilwornan Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the CONSENT AGENDA by ONE MOTION with the exception of II-G.3 which will be DEFERRED ONE WEEK and II-G.5 which will be considered separately. Voting: 10-0 Council Members Voting Aye: John A. Bam, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 14- ITEM II-G.1 ITEM #19689 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution In Recognition of "Tour of Arnerica Day" - Friday, April 8, 1983. Voting: 10-0 Council Members Voting Aye: John A. Baun, Nancy A. Creech, Harold Heischcber, Vice Mayor Barbara M. Henley, H. Jack Jemings, Jr., Mayor Louis R. Jones, Robert G. Jmes, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Mernbers Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. RESOLUTION IN RECOGNITION WHEREAS: Governor Charles S. Robb has announced the inaugural "TOUR OF AMERICA" bicycle race, a three day open road race featuring the world's best racing teams; WHEREAS: The 275 mile race will start on April 8, 1983, at the Cape Henry Lighthouse on Fort Story in Virginia Beach, and will finish in our nation's capitol on April 10, 1983, during the final week- end of the Cherry Blossom Festival; WHEREAS: The racinq teams expected to participate will include Europe's best teams from the famous Tour de France, as well as teams from the United States, Canada, Columbia and Japan; WHEREAS: Because of the popularity of cyclinq, the race will be televised live in parts of Europe, and CBS Sports will include race highlights and live coverage of the finish in Washington, D.C.; WHEREAS: The race will attract an entourage of motocycle marshalls, cameramen, race directors, the Press, International judges and officials, as well as volunteer groups who have enthusiastically offered their assistance to stage this event; and, WHEREAS: The television audience expected to watch the race will be visually and audibly transported to Virginia Beach to enjoy this international event; NOW THEREFORE BE IT RESOLVED: That the City Council of the City of Virginia Beach, Virginia, hereby declares Friday, April 8, 1983, "TOUR OF AMERICA DAY" in the City of Virginia Beach, Virginia. BE IT FURTHER RESOLVED: That the Virginia Beach City Council, on behalf of the citizens of virginia Beach, hereby extends the hand of fellowship to all who will come to participate in and enjoy this sport- ing event. The Clerk of Council is hereby directed to frame this Resolution for presentation with a copy spread upon the record of this reqular Formal Session of City Council. Given under my hand and seal this Fourth day of April, Nineteen Hundred and Eighty-Three. Mayor - 16 - ITEM II-G.2 ITEM #19690 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution in Recognition of Fred Napolitano recently retired President of National Association of Home Builders. Voting: 10-0 Council Members Voting Aye: John A. Baun, Nancy A. Creech, HaLrold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. Mcclanan, and meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 1 7 - RESOLUTION IN RECCC-NITION WHEREAS: The C,@y Cou@tcie teg@t@axty assembCe,s to deC,@beAate upon the a66 5 o@ bLtsines.6, Ec,.g@Xaticit and c,@ty poz@cy awa,-Le o@ the many jace@ o6 municipae goveuwiemt whic"@ inust be cootd@)iated 'ot the com6o@ a;id necessities o6 ZL c,@zeybs -- among whic@L is the tecog- nitLon o6 thosc whose co bution,5 have t@iade tkis City a bettet peace i@t collich to Eive, cvoak apid ptay; WHEREAS: Locaf and kio-tEDnat ,,ccognitio@t have come to Vi,tginia Beach tlftough the Natioitat As,5oc,@on o6 Home Buitde,,Ls, an o,tganiza,tion o6 mo,,te t@ta@t 122,000 r,7embets, to out @tiitg@hed citi- zen, Fted NapoZ@ano, tece@y t ed P,.csidemt o6 NAHB. Dwtiiig @ tenuAe and in o66iciot capacity as P)tes,@de@it, he )Lep@esei'Lted villgi@a Beach in @ 6,@6ty 5tates " weU o-5 in Japan, Au@@, Ckiiia, Canada, Mexico, Engtand, Gumany, Fi@tcf, Sweedeit and F)Lance. WheAeve,-L @ t)LaveL took , he ptonioted Vi)Lgi@L@a Beach and exlitained heA g)Lot,)th, diveAsi6icatio@t and 5opl@sticatioit. Though F)Led is not a native Vi,tginian, he h" tived hete ttoe@tty-eigi@t yecfts a@td thtoughout att his t)Lav@ neve)L 6ound any ptace he tooutd @the)L tive. A@ Fted and Jacqu@ne tomti, they a&i)ay-s catt Vi)Lgim@ Beach "home". WHEREAS: Fted i,5 a bcLsine,5,smcuL, he g@ded tlie Natio;iat A,6,5oc,iatiopi o6 Hoine Buitd@ to r7iuch nee@ed poEicy decisiou d@ng the downtuAn o@ home buitding. As P@,Lesideyut o6 NAHB, he visited P)Le,5ident Reagan in MalLch 1982 to Ahow W conceaibs and many o6 hi,5 5uggated Aemedie-6 ate n@v b@ng impteme@Lted 6ot tlte su)Lvivaf o6 the hcwi@ig indu,5t,ty. WHEREAS: Fcuiie and @oAtu-ne cfte )iot teaeized ovea@ght, F)Led Napo@no 6oukid hi6 pto6@,5ion 6'@om adve,@5e c@cu-m-stances when poot eye,sig@t dizqua?-i@ied kim 6Aom West Poi@ appoi@ent and 6ot tack o6 6un@ to ente)L cottege, but, t;itougli @@s 6athet',s ikL5p on and as,5i,stance, he stcvlted b,@ckEayi;,g. H,@,s 3'Zt6t job was con@oned upon hi,6 eeaaning the taade. F@om b@@cktayiiic(, Fted deveeoped hi,5 o@vii buading p)Loje@ a;id 6ive ye@ @teA acc,.pted an o@6eA to puach@e @aZ ptope,,Lty in Vi)Lgi@tia Beach; and, WHEREAS: His diveui3ied b @tg inte,,Le,5ts a@id p&o6e,5,sionat a@viti@ a,,Le num@us, yet F)Led NapoZi@Lo 5 6in@s time to SeAve his commu@izty a5 a DZ-Lectot oo' BiiLthAig@Lt, Inc. , and ViLginia Beach Beauti6ication Com@,5ion; Pte,5ident i@i 1976 o6 ViLgi@ Beach ChambeA o6 CommeAce; Founde)L and Hono@,LcAy B@,Ld @t@,bet o6 Big B,,LotheA,6; P@t P)Le,5ident and C,,L@6ade Chaicman, Am@ca;t CanceA Society; Honotaty BooAd Membe,t, Past P,,Luident and FoundeA o@ t'le NeptLfte F tivat; active PaLt Committee Ch@-unan o6 the Uj@ted Compiuf@@@s Fund; and, Past MembeA o6 the GoveAno@'6 Advizoty Legi-s@ative Coi?i)@@e. His hono inczude 1977 "Buitd@ o6 t'le V@", Home B@deu Asscriation; King Neptune IV in 1977; TideLvcLtct B@de,@ As,6ociation',s Pcs,@, PkesideyLt Councit A@vatd in 1975 and Outstanding BuiZde,,L o6 t'le Yea,,L i@t 1963; BtotheAhood Citation, 1974, NationaL Conie,,Lence o6 Cktis@a@i-s a;zd Jetvs; and, Outstanding @vice k@a)Ld, Lio Ctub in 1974; NOW, THEREFORE, BE IT RESOLVED: That the Vitginia Beach City Counca p@c in @ detibc,,Latio@ to ,ay @bute -o: F R E D N A P 0 L I T A N 0 6o,t k@ co;Lt,,L@bution to the c@ze@ o3' mu@cip@y and 6ot ,6tate and ncutionaz tecognit@oit o6 peA@c!@i@ and p@ciie sionae accomp@h- me@ Gi@!e@i ctndea niy hand a@id seat t Fc(L,,Lt,@, day o@ Ap)u@, N@;t@-eeiL HundAed a@d@Eighty-Thtee. yo@ - 1 8 - ITEM II-G.3 ITEM #19691 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to DEFER ONE WEEK (April 11, 1983),the Resolution in Recognition of Cleta Liverman who served as General Registrar from January 1, 1976, until January 31, 1983. Voting: 10-0 Council Members Voting Aye: John A. Baun, Nancy A. Creech, Harold Heischcber, Vice Mayor Barbara M. Henley, H. Jack Jerinings, 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. - 1 9- ITEM II-G.4 ITEM #19692 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution accepting Long-Term Care Plan for FY 1984 and directing the Chairman of the Long-Term Care Coordination Committee to submit it to the State. Voting: 10-0 Council Members Voting Aye: John A. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jermings, 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. - 20 - R E S 0 L U T I 0 N WHEREAS, on October 4, 1982, the Virginia Beach City Council created the Virginia Beach Long-Term Care Coordination Committee pursuant to Section 2.1-373.7 of the Code of Virginia as arnended; and WHEREAS, the Committee was required to develop a Long-Term Care Plan which included goals for providing a range of services to citizens of Virginia Beach within the continuum of long-term care; and WHEREAS, the Committee has submitted a plan for FY-1984 with an overall goal of providing support services to older persons who are screened for nursing home placement, which will allow them to remain ill the community as long as possible. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the Long-Term Care Plan is hereby accepted and that the Chairrnan of the Committee is hereby directed to submit it to the State Long-Term Care Council for inclusion in the state-wide plan. (Note: See Section 2.1-373.7 of the Code of Virginia, as amended, which is attached.) Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of @ril, 1983. - 2 1- ITEM II-G.6 ITEM #19693 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Section 18-75(b) of the Code of the City of Virginia Beach, Virginia, pertaining to contractors and persons constructing houses for subsequent sale or rental. Voting: 10-0 Council Members Voting Aye: John A. ]3aun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jerinings, 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. - 22- AN ORDINANCE TO AMEND AND REORDAIN SECTION 18-75(b) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO CONTRACTORS AND PERSONS CONSTRUCTING HOUSES FOR SUBSEQUENT SALE OR RENTAL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 18-75(b) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: (b) Any person engaged in the business of erectinq or constructing office buildings, motels, hotels, condominiums, houses or any other structures suitable for habitation for the purpose of selling or-rent-inq the same, not employing therefor a contractor or person who shall act as superintendent who has paid the license tax required by law, shall pay a license tax as provided in subsection (a) of this section for a person engaged in business as a contractor; provided, however, if such person maintains ownership of such structure and rents or leases rooms or space in such structure then such person shall, pay a license tax equal to fifty dollars_($50.00) and sixteen one hundredths of one percent of the actual cost of construction in excess of five thousand dollars ($5,000.00). No license for the conduct of such business shall be transferred nor shall the license tax be prorated. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of April 1983. MES/re 2/2 5/8 3 3/3/83 (E) APPROVED il,@ SIGt@ATUR@l DEPARTMEt,'T CITY A, @@'I":Cy - 2 3- ITEM II-G.7 ITEM #19694 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the ordinance to authorize one new full-time position in the Community Development Housing Rehabilitation Section. Voting: 10-0 Council Members Voting Aye: John A. BauTL, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 24 - AN ORDINANCE TO AUTHORIZE ONE NEW FULL-TIME POSITICN IN THE COMMUNTRY DEVELOP= HOUSING REHABIL=ICN SBCTION the Office of Housing and Camiunity Development (IED), as one of its functions, provides housing rehabilitation services to low and rnoderate incane families, and WHEREAS, TUD no longer desires to Employ architectural firms to provide these services, and , it has been de@ econcmically feasible to utilize Housing Rehabilitation Specialists within FED to perform these services, and the performances of these services will require cne additional HCD Housing Rehabilitation Specialist. NCW, BE IT ORDA= BY THE COUNCIL OF TEE CITY OF VIRG@ BEACH, VIRGINIA: That cne new full-tiine Housing Rehabilitaticn Specialist position be authorized within the Office of Housing and C ty Devel t with the class of the ewloyee to be dete@ed by the City Manager. BE IT FURTHER ORD@ that appropriations be niade in the amunt of $4,767 utilizing unappropriated funds in the current a strative budget which had been designated for contingencies and local option. FIRST PEADING: March 28, 1983 SECCND READING: April 4, 1983 Adopted by the Council of the City of Virginia Beach on the Fourth day of April 1983. - 25 - ITEM II-G.8 ITEM #19695 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, 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 known as Ocean Avenue (the Boardwalk area) to Mr. John C. Rogers of Sand Dollar Associates. Approval is subject to the following: 1. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 2. The owner agrees to maintain said encroachment so as not to become unsightly or hazardous. 3. The owner agrees to assume all liability for any damages to the Maritime Museum, Boardwalk or area adjacent thereto that may occur as a result of the installation or location of said encroachments. 4. The owner agrees to remove this encroachment, at his own expense, within 30 days notice hy the City. 5. This encroachment shall not be authorized until the owner executes an agreement encompassing the above conditions. Voting-. 10-0 Council Members Voting Aye: John A. Baxn, Nancy A. Creech, Harold Heischcber, Vice Mayor Barbara M. fienley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 26 - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF OCEAN AVENUE TO SANDOLLAR ASSOCIATES 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, SANDOLLAR ASSOCIATES is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Ocean Avenue. That the temporary encroachment herein authorized is for the purpose of locating four concrete piles in conjunction with the construction of a hiqh rise structure adjacent to Ocean Avenue and that said concrete piles 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 Ocean Avenue, entering Ocean Avenue approximately six to ten feet below grade level and sloping at a 3 to 12 slope so that at a seventy foot depth, it encroaches approximately seventeen feet; the location of such encroachment is more specifically shown on those certain plats entitled: "South Elevation (Right Side) Sandollar Associates and North Elevation (Left Side) Sandollar Associates' copies of which are on file in the Virqinia 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 SANDOLLAR ASSOCIATES and within ninety (90) days after such notice is given, said SANDOLLAR ASSOCIATES shall be removed from the City right-of-way of Ocean Avenue by SANDOLLAR ASSOCIATES and that SANDOLLAR ASSOCIATES shall bear all costs and expenses of such removal; and PROVIDED FURTHER, that it is expressly understood and agreed that - 27 - SANDOLLAR ASSOCIATES 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 concrete piles and pile caps, and PROVIDED FURTHER, this ordinance shall not be in effect until such time that SANDOLLAR ASSOCIATES executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4thday of April 19 8 3 MES/sm 2/22/83 (29A) A bi i E,,4 r 3MA?CRE DEPARTMENT APPP.@ AS lp FORM r'@-Y Ar' -,i?l@EY -2- - 2 8- ITEM II-G.9 ITEM #19696 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE the Certificate of Public Convenience and Necessity to Dr. David W. Best, Virginia Beach Dialysis Center. Voting: 10-0 Council Members Voting Aye: John A. Baun, Nancy A. Creech, Harol@d Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 29- ITEM II-G.10 ITEM #19697 Upon niotion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE the following Raffle Permits: Kellam High School Band Parents' Association Naval Air Station-Oceana Youth Development Program Voting: 10-0 Council Members Voting Aye: John A. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 30- ITEM II-G.11 ITEM #19698 Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the City Treasurer for Tax Refunds in the amount of $892.57. Voting: 10-0 Council Members Voting Aye: John A. Baun, Nancy A. Creech, Harold Heischcber, Vice Mayor Barbara M. lienley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. NO. C.A. 7 3 1 - 3/18/83 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total Y ear of Tax Number tion No. Paid Iliam Yeates 83 Dog V01931 2/16/83 7.00 Iliam Yeates 83 Dog V01932 2/16/83 7.00 rian J W Nichols 83 Dog V16331 2/2/83 5.00 tty Patterson 83 Dog V4970 3/8/83 5.00 ard F DeRoche 83 Pkng 15586 3/2/83 15.00 bin R Hicks 83 Pkng 19301 2/18/83 20.00 net K Nelson 83 Pkng 42563 3/8/83 6.00 oise Lineberry etals 81 RE(1/2) 45873-1 11/5/80 67.27 loise Lineberry etals 81 RE(2/2) 45873-1 5/28/81 67.27 loise Lineberry etals 82 RE(1/2) 47668-5 12/5/81 72.29 loise Lineberry etals 82 RE(2/2) 47668-5 5/19/82 72.29 ilina Inc 83 RE(1/2) 58481-6 12/1/82 40.00 illard & Marjorie Mattox 83 RE(1/2) 52729-1 12/5/82 8.00 illard & Marjorie Mattox 83 RE(2/2) 52729-1 12/5/82 8.00 nneth Todd 80 pp 114597 5/8/80 60.12 onald P Davis 79 pp 115309 1/4/83 19.74 ary W Ward 79 pp 128408 1/27/83 49.54 lse-Maria Troelss 82 pp 127856 5/28/82 262.02 bert A Simmons 81 pp 110136 2/18/83 24.77 Ward 79 pp 95739 1/19/83 76.26 Total 892.57 WR This ordinance shall be effective from date of adoption. The abov e.ab@teme,.nt(s) totaling Certifi@ as to pay $ 8 9 2 5 ere approved by the Council of the City of Vi r, i n,! a Beach on the@t ay of - Ap, 1 Jo Ap Ruth Hodges Smith City Clerk torney - 3 2 - ITEM II-G.5 ITEM #19699 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the charging off of uncollectible accounts totaling $70,682.90. Voting: 8-2 Council Members Voting Aye: John A. ]3aum, 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 Council Members Voting Nay; Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 3 3- RESOLUTION WHEREAS, it is standard accounting procedure to allow for a charge-off of uncollectible accounts; and, WHEREAS, an earnest and diligent effort has been made by City departments to collect their overdue accounts; and, WHEREAS, the following accounts which total $70,682.90 are deemed to be uncollectible: Public Utilities: Water usage/sewer maintenance bills $41,058.45 Sewer and Water line fee accounts 2,061.33 Sewer and Water services 188.74 Avalon Hills, Inc. 9,100.00 Nepratex bankruptcy 15,548.28 Mental Health and Mental Retardation 2 726.10 Total amount to be charged-off $70,682.90 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that $70,682.90 be charged-off as uncollectible accounts and removed from the City's records. This Resolution shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on ourth day of 1983. - 3 4 - P L A N N I N G A G E N D A ITEM II-H.1 ITEM #19700 Sam Scott, Scott and Company, represented the applicant John C. Aspinwall, applicant, spoke in behalf of the application Councilwoman McClanan made a motion, seconded by Councilwoman Oberndorf, to uphold the recommendation of the Planning Commission and APPROVE the application of JOHN C. ASPINWALL for a Conditional Use Permit as per the following subject to the recommendations in the City Manager's letter. Councilman Baum offered a SUBSTITUTE MOTION, seconded by Councilman Jones, to APPROVE the application of JOHN C. ASPINWALL for a Conditional Use Permit as per the following subject to the recommendations in the City Manager's letter AND: Privacy fence height shall be subject to site plan review. Voting; 6-4 Council Members Voting Aye: (substitute motion) John A. Baun, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., @yor Louis R. Jones, Robert G. Jones Council Members Voting Nay: Vice Mayor Barbara M. Henley, W. H. Kitc@n, III, Reba S. @Clanan, and Meyera E. Oberndorf Council Members Absent: J. Henry @oy, Jr., D.D.S. - 35 - ORDINANCE UPCN APPLICATION OF JOHN C. R0483531 ASPINWALL FOR A COLQDITIONAL USE PER4IT FOR @I-WAPEHOUSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA: Ordinance upon application of John C. Aspinwall for a Conditional Use Perndt for nlini-warehouses on certain property located on the South side of Shore Drive beginning at a point 600 feet more or less West of Independence Boulevard, running a distance of 160.24 feet along the South side of Shore Drive, running a distance of 531.65 feet along the Western property line, ruming a distance of 40 feet in a Southwesterly direction, running a distance of 25 feet in a Southeasterly direction, running adistance of 410 feet in a Northeasterly direction, running a distance of 415 feet in a Southeasterly direction, running adistal-ice of 280.06 feet in a Northerly direction, running adistzu-ice of 137.09 feet in a Westerly direction, running adistance of 11 34 feet in a Southerly direction, running adistance of 355 feet in a Westerly direction and running adistance of 260 feet in a Northerly direction. Said parcel contains 4.4-acres. BAYSIDE BOROUGH. As conditions of the use permit, the following are required: 1. Standard inprovements as required by the Site Plan and Subdivision Ordinances. 2. Thirty-f(>ot buffer strip. 3. Height of the privacy fence shall be subject to site plan review and be thi@-feet inside the property line on the southern boundary. 4. Screening hedge and also trees of such height that they intervene between the adjacent housing and the warehouse buildings. 5. Lighting shall be directed away frcm adjacent residences. This Ordinance shall be effective from date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day o-, April, 1983. - 36 - ITEM II-H.2 ITEM #19701 Upon motion by Councilman Kitchin, seconded by Councilman Heischober, City Council voted to uphold the recommendation of the City Manager and DEFER TWO WEEKS (April 18, 1983), the application of RUNNINGTON INVESTMENT CORPORATION for a Change of Zoning District Classification as per the following: ordinance ipon application of Runnington Investiient Corporation for a Change of Zoning District Classifi- cation frcrn I-1 Light Industrial District to B-4 Resort Ccmnercial District on the South side of Pinewood Drive, 100 feet west of mediterranean Avenue. Said parcel is located on Lots 17 and 18, Block 8, Pinewood, and contains 6381-square feet. VIRGINIA BEACH BOROUGH. Voting: 10-0 Council Members Voting Aye: (for deferral) John A. BauTk, Nalicy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Rcbert 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. - 3 7 - ITEM II-H.3 ITEM #19702 Attorney William R. Wahab represented the applicant Upon motion by Councilman Jennings, seconded by Councilwornan Creech, City Council voted to uphold the recommendation of the Planning Commission and ADOPT the Ordinance closing, vacating and discontinuing a 24-foot unnamed right-of-way in the petition of Richard H. Kline, in the Lynnhaven Borough. (This matter was deferred for one week on March 28, 1983.) Approval is subject to the following: 1. The ultimate disposition ol- this right-of-way should be by means of purchase rather than direct conveyance to the adjoining property owner. 2. The City shall retain a drainage and utility easement over this entire parcel. Voting: 10-0 Council Members Voting Aye: John A. Bain, Nancy A. Creech, Harold Heischcber Vice Mayor Barbara M. Henley, H. Jack Jermings, 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. 3 8 - ORDINANCE NO. @N ORDINANCE CLOSING, VACATING AND DISCONTINUING THAT CERTAIN UNDEVELOPED RIGHT-OF-WAY TWENTY-FOUR FEET (24') I14 WIDTH LOCATED IN LYNNHAVEN BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that Richard H. Kline would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described undeveloped right- of-way twenty-four feet (24') in width closed, vacated and dis- continued as duly posted; and WHEREAS, the Petitioner as owner of the property abutting said street which is affected by its closure has requested the said street to be closed; and WHEREAS, application was made to the City Planning Com- ii mission and to the City Council, and, pursuant to the statutes 11 in such cases made provided, the Council appointed Viewers who 11 have reported to the Council that no inconvenience to the public or to private individuals would result from such closing, va- cating and discontinuance; and WHEREAS, it is the judgment of the Council that the said street should be closed, vacated and discontinued; THEREFORE, be it ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA; Section 1: That the said undeveloped right-of-way twenty- four feet (241) in width located in Lynnhaven Borough, City of Virginia Beach, Virginia, is herebv closed, vacated and discon- tinued, said right-of-way not being needed for Dublic use: ALL that certain undeveloped right-of-way situate in the Lynnhaven Borough of the City of Virginia Beach, Virginia, twentv-four feet (24') in width running north between parallel lines from the northern right-of-way line of Southern Boulevard (which is that certain twenty-four foot street running adjacent to Norfolk and Southern Railroad) a distance of 222 feet as shown on that certain map of "Property of W.R. Payne, located at Lynnhaven 2 in Princess Anne Co., Va., Scale l' = 100', April 24, 1946, W.B. Gallup - County Surveyor", which mao is recorded of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 18, at Page 20. - 39- Section 2: That thirty (30) days after this date, a copy of this Ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in a like manner as a deed of lands. Section 3: This Ordinance shall be effective thirty (30) days from the date of its adoption. This ORDINANCE NO. enacted and approved this 4th day of April 1983. -2- - 4 0 - ITEM II-H.4 ITEM #19703 Attorney Robert Steinhilber represented the applicant Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Conunission and ADOPT the Ordinance closing, vacating and discontinuing a portion of Lynn Shores Drive in the petition of Thomas G. and Irma C. Harty and Thomas M. and Rita K. Vojtek, in the Bayside Borough. (This matter was deferred indefinitely on March 21, 1983.) Approval is subject to the following: 1- The ultimate disposition of this right-of-way shall be by purchase rather than by direct conveyance, subject to determination by the City Attorney's Office. 2. Resubdivision of the property to incorporate the closed area into adjoining parcels, as well as to avoid the creation of nonconforming lots and to insure that all lots have access to a public street. 3. Retention of a VEPCO easement for existing facilities. 4. The closure of this right-of-way shall be contingent upon compliance with the above- stated conditions within 180 days of the approval by City Council. Voting: 10-0 Council Members Voting Aye: John A. Baull, Nancy A. Creech, liarold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. 4 1- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AMD DISCONTINUING A PORTION OF THAT CERTAIN STRFET OF VARIABLE WIDTH, KNOWN AS LYNN SHORES DRIVE, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT OF STREET CLOSURE OF A PORTION OF LYNN SHORES DRIVE (FORMERLY WESTBROOK LANE), BETWEEN ELBA STREET AND RUMFORD LANE, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 41, AT PAGE 13 AND IN MAP BOOK 52, AT PAGE 7. WHEREAS, it appearing by Affidavit that proper notice has been given by Thomas M. Vojtek, Rita K. Vojtek, Thomas G. Harty and Irma C. Harty, that they would make application to the Council of the City of Virginia Beach, Virginia on 1983, to have the hereinafter described street discontinued, closed and vacated; and WREREAS, it is the judgment of the Council that said street be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, That the hereinafter described street is to be discontinued, closed and vacated: PARCEL A: Beginning at a point of curve, said point being S. 70@ 17' 24" W. 10.00' from the northwest intersection of Elba Street and Lynn Shores Drive; thence proceeding in a northeast to northern direction along a curve to the left having a radius of 10.00' a distance along the arc of 15.71' to a point of tangency; thence proceeding N. 19* 421 36" W. 50.101 to a point; thence proceeding N. 56* 311 56" W. 17.581 to a point; thence turning and proceeding N. 89@ 001 21" E. 53.00' to a point; thence turning and proceeding in a southerly direction along a curve to the left having a radius of 750.00' a distance along the arc of 51.921 to a point of reverse curve; thence proceeding in a south to southwesterly direction along a curve to the right having a radius of 10.001 a distance along the arc of 13.131 to a point of tangency; thence proceeding S. 70' 171 24" W. 25.04' to the point of beginning. Parcel containing 2,093 square feet. PARCEL B: Beginning at a point of curve, said point being S. 56' 311 56" E. 10.87' from the southwest intersection of Rumford Lane and Lynn Shores Drive; thence proceeding in a southeast to southerly direction along a curve to the right ha@,ing a radius of 10.00' a distance along the arc of il.15' to a point of reverse curve; thence proceeding in a southerly direction along a curve to the left having a radius of 750.00 ' a distance along the arc of 109.42' to a point; thence turning and proceeding S. 89* 001 21" W. 53.001 to a point; thence turning and proceeding N. 19* .56' 19" E. 125.83' to a p6int of curve; thence proceeding in a north to northwesterly direction along a curve to the left having a radius of 10.00' a distance along the arc of 13.35' to a point of tangency; thence turning and proceeding S. 56@ 311 56" E. 18.751 to the point of beginning. Parcel containing 4,000 square feet. 4 / 4 / 8 3 4 2- All of the above as shown upon that certain plat entitled "Plat of Street Closure of a Portion of Lynn Shores Drive (formerly Westbrook Lane), between Elba Street and Rumford Lane, Bayside Borough, Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed i street. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as if it were adeed to land. SECTION III This Ordinance shall be effective thirty (30) days from the date of its passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of April, 1983. 4 4/ 8 3 - 4 3 - ITEM II-H.5 ITEM #19704 Attorney Melvin Friedman represented the applicant. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and grant FINAL APPROVAL in the petition of Lands End Associates, a Virginia Limited Partnership, for the Ordinance closing, vacating and discontinuing a portion of a 30-foot right-of-way on the west side of Indian Avenue, south of Maryland Avenue, in the Lynnhaven Borough. Voting: 10-0 Council Members Voting Aye: John A. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. @lones, 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. - 44- ORDINANCE NO. IN THE MATTER OF CLOSIWI, VACATIW,, AND DISODNTINUIW, A PORTION OF THAT CERTAIN STREET KNOWN AS 30' WIDE ROAD, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "30 F'OOT WIDE ROAD TO BE CLOSED 13Y THE CITY OF VIIUINIA BEAai, VA., ORDINANCE, LYNNHAVEN BOROUGH, VIFriINIA BEACH, VIFCINIA", DATED MARCH 22, 1983, WHICH PLAT IS TO BE REODIDED IN THE CLERK'S OFFICE OF THE CIRCIJIT ODLIRT C)F THE CI'IY CF VIWINIA BEACH, VIICINIA, AND WffICH PLAT IS MOE A PAETT OF THIS ORDINANCE BY REFERENCE. WHEREAS, it appearing by Affidavit that prcper notice has been given by LANDS END ASSOCIATES, a Virginia Limited Partnership, afterwards refered to as the Applicant, that it walild mke application to the Council of the City of Virginia Beach, Virginia, on July 12, 1982, to have the hereinafter described street disrontinued, closed and vacated; and, WHEREAS, it is the judgmnt of the Cotmcil that said street be diszontinaed, closed @ vacated; NOW, T RE, SWrION 1 BE IT ORDAINED by the Ccxmcil of the City of Virginia Beach, Virginia, that the street, afterwards described, be discontinued, closed vacated: ALL of that certain portion of a 301 wide road situated in the Lynnhaven Borough, of the City of Virginia Beach, Virginia, crossing the property of LANDS END ASSOCIATES, a Virginia limited partnership, fran Indi&n Avenue on the East to the property of Hudgin Bros., Inc., on the West, as shown on that certain plat entitled "30 FOOT WIDE ROAD TO BE CLOSED BY THE CI'IY OF VIWINIA BEACH, VA. OPDINANCE, LYNNHAVEN BDROUGH, VIRGINIA BEACH, VIR- GINIA", dated March 22, 1983, Scale: 1" = 1001, prepared by Wilfred P. @e, Surveying and Planning, Virginia Beach, Vir- ginia, to be recorded contenporanecusly with this Ordinance being more particularly bctmded and described by reference to the plat as follows: Beginning at the point of intersection of the southern right of way line of Norfolk Avemie and the %estern right-of-way line of Indian Avenue; then ranning S. 06* 351 00" W., a dist&nce of 501.50' to a point, marked by a pin; then turning and running N. 83* 25' 00" W., a distance of 10.001 to a point, mrked by a pin; then turning and nmning S.06* 35' 00" W. a distance of 238.51' to a pc)int, marked by a pin; then iurning and nmning 4 5 - OEDINANCE NO. S. 14* 001 00" W., a distance of 208.141 to a pc)int, rmrked by a pin, then turning and running S. 76* 01' 00" E., a distance of 9.921 to the point of beginning for the description of the 301 Wide Road, then turning and nmning S. 15* 431 57" W., a dist&nce of 30.011 to a pdint, marked by a pin, then turning and running N. 761 01' 00" E., a distance of 311.071 to a point, mrked by a pin; then turning and running N. 33* 03' 29" W., a distance of 44.021 to a point mrked by a pin; then turnirg and running S. 76' 01' 00" E., a distance of 319.201 to the point of beginnirg. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Vir-ginia Beach, Virginia, indexed in the name of the City of Virginia Beach, Virginia, as Grantor. SECrION iii This Order shall be in effect 30 days fran the date of its passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of Ai)ril, 19 8 3 - 4 6 - A P P 0 I N T M E N T S ITEM II-I.1 ITEM #19705 Upon nomination by Councilman Baum, City Council REAPPOINTED Albert Lee Bonney, Ruby Christian and Charles W. Gardner to the PERSONNEL BOARD for terms of three (3) years each retroactive to March 1, 1983, and expiring February 28, 1986. Voting: 10-0 Council Members Voting Aye: John A. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. - 4 7 - U N F I N I S H E D B U S I N E S S ITEM II-J.1 ITEM #19706 Roy Bartholomew spoke in opposition to the Cox Cable rate increase of Blc for copyright fees. Councilwoman Oberndorf made a motion, seconded by Councilwoman McClanan, to direct the City Manager to take necessary legal actions to get an injunction to prevent any further billing of Cox Cable TV customers for the 81cts copyright fee until Cox Cable goes through the rate increase procedure with this Council. Councilman Heischober offered a SUBSTITUTE MOTION, seconded by Councilman Jennings, to instruct the City Attorney to take what legal process necessary to enjoin Cox Cable from the additional billing for the "Super Stations" and, also, this Council take the position that any prior billing for the "Super Stations" be declared invalid and contrary to Council's present franchise agreement. Councilman Jenriings made a motion to recess into EXECUTIVE SESSION for the purpose of discussing a Legal Matter. There being no second the motion was LOST. DISCUSSION: EXECUTIVE SESSION It was the consensus of Council to proceed with the Council Agenda after which to recess into EXECUTIVE SESSION. N E W B U S I N E S S ITEM II-K.1 ITEM #19707 Melvin Koch, President, Virginia Beach Tourist Bureau, spoke in opposition to the proposed ordinance. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council voted to DEFER ONE WEEK (April 11, 1983), the Resolution requesting the United States Navy establish the Landing Craft Air Cushion (LCAC) vehicles at Cape Charles Air Force Base. 4 8- Voting: 10-0 Council Members Voting Aye: (for deferral) John A. Baun, Nancy A. Creech, Harold Heischcber, Vice mayor Barbara M. Henley, H. Jack Jermings, Jr., Mayor Louis R. Jones, Rcbert 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. 4 9- 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, even though a number of factors favor the use of Cape Charles AFB, 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 THAT THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, strongly recommends that the Navy establish the LCAC operating base at Cape Charles AFB, and BE IT FURTHER RESOLVED that if any LCAC training is done anywhere in Virginia Beach, the Navy should agree to limit the training so that it will not be detrimental to the health, safety, and general welfare of the citizens of and visitors to Virginia Beach. This commitment to limit training should be mutually agreed upon between the U. S. Navy and the Council of the City of Virginia Beach. - 5 0- ITEM II-K.2 ITEM 419708 Councilman Jennings sponsored Mrs. Joan McGuire, President, Virginia Society for Human Life-Tidewater Chapter. Mrs. McGuire advised Council she was in support of the removal of the Eastern Virginia Medical Authority from the FY 1983-1984 proposed Operating Budget. ITEM #19709 Councilman Kitchin requested a Staff Briefing on the Study for the Beautification of Atlantic Avenue prior to it coming to Council for consideration. E X E C U T I V E S E S S I 0 N ITEM #19710 Upon motion by Councilman Jones, seconded by Councilwoman Creech, City Council voted to RECESS into EXECUTIVE SESSION (4:35 p.m.), pursuant to Section 2.1-344 Code of Virginia, as amended, for the purpose of discussing Personnel Matters, Publicly Held Property, Public Funds Investment and Legal Matters after which to reconvene into the Formal Session. Voting: 10-0 Council Members Voting Aye: John A. Balxn, Nancy A. Creech*, Harold Heischcber, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones*, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. *COUNCILWOMAN CREECH VOICED A VERBAL "AYE" *COUNCILMAN JONES VOICED A VERBAL "AYE" 4/4/83 - 5 1- ITEM #19711 City Council reconvened into the Council Chambers at 5:25 p-m-, with the following Council Members Present: Jobn A. ]3aun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitc:hin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S- ITEM #19712 Mayor Jones asked Councilwoman Oberndorf and Councilman Heischober if they would withdraw their motions concerning Cox Cable. Councilwoman Oberndorf advised she would withdraw her motion; however, Councilman Heischober declined to withdraw his motion which then became the MAIN MOTION. Councilman Baum offered a SUBSTITUTE MOTION, seconded by Councilwoman Oberndorf, to direct the City Attorney to seek such legal action to enjoin past and future billing for the recently imposed 81cts rate increase, or royalty fee, by Cox Cable which was not sanctioned or approved by the Virginia Beach City council. Voting: 10-0* Council Members Voting Aye: John A. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Rcbert 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. *VERBAL ROLL CALL - 5 2 - A D J 0 U R N M E N T ITEM II-L.1 ITEM #19712 Upon motion by Councilman Jennings, City Council adjourned at 5:35 p.m. th H. mc Mayo@ Louis(k- Jones City Clerk City of Virginia Beach, Virginia 4 April 1983 dmh/bh