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HomeMy WebLinkAboutAPRIL 12, 1982 MINUTES 2 @@,2 L 2. 3 Al-3@-il 2, 19 82. 4. @it icii t-,) th@, @solution scr- 4,ig forth tl-@e 0 1,01-icy r, of tbe water a,-ii c3o@,ior @-.@y-Item3 .1-n@1c) ar@ar, dvlc),-,,d tlieir availablily. (Def,@ry7eC, f(,y one wc!e@ ),i i%pril@ 5, a. LettEr frc)i@i t@lie City Manag@r re,ltie@tc ,.n al(iiti@,,al we,;@ defe@rdi. 2. Resolution allowinT for tli,3 restruc'@urir,g of t!IE@ Cit@',zL.n's C@@.Tittep, for tiouF;i-nj a,id C,,@.inunil-), "a s 0 l@:a c 1 3 o@ foi:)-c ' -c) - 'O - y n r 1 ,2 C014CIN'_c AGFNDA '@l l-Lot,@(i urder -he Coris@ilt Agei@,la arc-, @ -1 .-latturs - roi,ti.,ie l@y tn@ Ci@Ly b- 13Y tlie I-orra listed. will be ro @-enar,,tc@ )f it , If disc,,,ssi.on is d@sircd, tl,,at wi'l-I be t@,ic! CoT@sc@nt lgen,,',a and coriside,--,,,3 1. Ordinanc:e, on SEC'-OND READINR, to ac(@eot ij,,l o@ $10,000 from tbe St@itc@ Dcprtrie@@t cf l@eiitp-I ancl tfa@i!3f,@r fij.@cls of $2,OC)O 4i@iii partinent of Mental Tieal-th aiid Ilental Rctardal@-ion -or the p,lir- cliase of a van. 2. @-diranc@, or@ SEC,)ND REAI-)I@'iC, to a@-e.),t a qrant $5'.7,,250 fro!-, the ',)epartme.'It (,-, tatioxi and to approptiate Lhcse fu,-,dr; ai@,'l -t@L@ Cil--y', of $33,750. G. PLANNING ITE,',IS D9f(@r ic2,@l A,-@nt4 c:,, Cli-,Tl or, ".@i -,(,c n,,r'..ii @L Cbl.onial !est (@f T,'il-I ;)aii P@-i.1 .1@-re,@t (V- @in@a @,iiig COT;L A,)plic@it:Loll o- a@il Vi n t t- On a cr@ il,:) r nL-@--'@vc, c-ast c)f I!olly (Virgi,4, E, T I F@ I@EID ERtll' Al L,,,, E...... ;i, Kirc@'ll, iri, 3,,C! -t, P -RI, P@! )ZICK L. 1.1,NDiN6, Al R@'7tl Slll,-Il C;ly t'IRGN! ip, Ci@- COU@4C!L A@'i7-! t@'@A Al,r i 1 1 2 , 1 9 12:30 A, CAT,J, TO OPj)7@,R @layo,: I. HEiiry IIcC,@,,, Jr., D.T).S. I,' CA-1, 0,@' COUIQCIL P INTO 017 :,2 f o iscussior, Ly s f o i s c u r, r@ D@@ C MuseuLi-. by C'13,:tncii.iii,an liu--hanan ,y AT'POIN'I'IAE,iTS 1. o' ill.@j@@,lDing a,,Id 2. Citiz@ns Advisory CO)Tdni-tte(', J- T.RI"INISfiED BUST,@-lFSq Poesi.d4la Institute Per,@iit (D(-f@,rr,--ci ilcb)u,.ry o, 1982) R. N@l B(JSINr@-I Motion to adjotirn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 12 April 1982 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Conference Room, City Hall Building, on Monday, 12 April 1982, at Twelve-Thirty in the afternoon. Council Members Present: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba. S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Patrick L. Standing ITEM #18037 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal Counsel or Eri-efi gs by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. - 2 - Upon motion by Councilman Buchanan, seconded by Councilman Holland, City Council voted to proceed into EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 3 - M A T T E R S B Y T H E C 0 U N C I L CONFIDENTIALITYIEXECUTIVE SESSION ITEM #18038 Councilman Baum commented on the importance of items discussed in the Executive Session remaining confidential and presented Council with an epistle concerning interim voting. DISABLED AMERICAN VETERANS ITEM #18039 Vice Mayor Heischober presented to Council the "reworded" Resolution from the Disabled American Veterans requesting Council not include Social Security Disability Income, Service Connected Veterans Compensation or Vocation Rehabilitation Assistance, or Armed Forces Disability Retirement Income for purposes of determining eligibility of disabled persons for real estate tax exemption provided for in Section 35-64 (4) of the Code of the City of Virginia Beach. Vice Mayor Heischober advised the City Attorney was "getting an interpretation of Section 35-64 (4) of the City Code". This matter was presented by Vice Mayor Heischober during the INFORMAL SESSION of April 5, 1982. SUMMARY OF BUDGET/LETTER ITEM #18040 Councilwoman Oberndorf advised Council that her civic league was very pleased with the summarized budget and cover letter they received. The civic league commended Mr. Dodd for his preparation of the budget summary for their use. I N F 0 R M A L S E S S I 0 N VIRGINIA MUSEUM OF MARINE SCIENCES COMMITTEE ITEM #18041 Councilman Holland advised he and Councilman Buchanan were appointed to the Committee to meet with the Marine Science Museum personnel and Directors and make recommendations. Meetings have been held on several occasions and a delegation visited Governor Robb concerning this matter. Councilman Holland advised the Committee was informed there was "not much chance, if any at all, for anything to be accomplished when the General Assembly convenes into Special Session". 4/1 2/8 2 - 4 - A suggestion was made to the Marine Science Board that between three-fourths (3/4) and one hundred percent (100%) of the $1-Million pledged be accomplished by the end of calendar year 1 9 8 2 . Councilman Holland advised he requested Mack Rawls to provide cost figures of what it might take to "at least do some of the things this year on the Marine Science Museum". Cut and grade site $10,000 Fill Work $15,000 Erosion Control $45,000 Architectural, engineering, consultation fees $ 5,000 Signs and contingences $10,000 Total $85,000 Councilman Holland requested that $100,000 be appropriated by the City of Virginia Beach and further advised the Committee will request that $1-5-Million be placed in the City's 1983 Legislative Proposal to the General Assembly for the Marine Science Museum. The City Manager is to study/research bond funds and report back to Council regarding the $100,000 requested appropriation. BIDS ON REFUSE TRANSFER STATION ITEM #18042 The City Manager advised he would like to place on the FORMAL AGENDA of today's meeting (April 12, 1982), the bids on the Refuse Transfer Station. GENERAL BOOTH BOULEVARD ITEM #18043 The City Manager advised that in March of 1981, City Council advised they wanted General Booth Boulevard to be 90 feet because of Ferrell Parkway. The Master Street and Highway Plan is 90-feet south of Ferrell Parkway. However, General Booth Boulevard is wider than 90-feet in some areas because of the intersection at Dam Neck Road. The workshop session for General Booth Boulevard was held on April 6, 1982, at Princess Anne Junior High School. C. Oral Lambert advised that General Booth Boulevard, Phase 1, from Princess Anne Road has been included in the Capital Improvements Program since 1981 and the necessary capital outlays have been planned as part of the CIP. 4 /1 2/8 2 - 5- Mr. Lambert advised the project is fifty-five percent (55%) complete. The proposed improvement will provide two (2) twenty-four foot (24') wide roadway sections;(two (2) travel lanes in each direction) divided by a grass median strip within a one-hundred and ten foot (110') right-of-way between Dam Neck Road and Ferrell Parkway. Between Farm Road to the north end and New Dam Neck Road, two (2) thirty-six foot (36') wide roadway sections will be built (three travel lanes in each direction) within one-hundred and ten feet (110') of right-of-way, due to the heavy amount of traffic in this area. Between Ferrell Parkway and Nimmo Church, two (2) twenty-four foot (24') wide roadway sections within a ninety foot (90') right-of-way will be built. A standard concrete curb and gutter, two feet, six inches (2'6") in width,will be placed along this roadway. A variable width space between the curb and the right-of-way line will be utilized for placing utilities and providing sidewalks and bike trails. All intersecting streets will be reconstructed a sufficient distance back from General Booth Boulevard to adequately tie into the new facility. This project would provide improved access to the Municipal Center, relieve congestion of traffic going to Dam Neck and Sandbridge areas. Local and through traffic will be maintained over the project during the time of construction. It is anticipated that a traffic signal light will be installed on General Booth Boulevard at its intersections with Princess Anne Road, London Bridge Road, Red Mill Boulevard, Dam Neck Road, and Oceana Boulevard. After completion, this street will be maintained by the City of Virginia Beach, and will be eligible for maintenance payments from the State of Virginia. Present traffic volumes are approximately 19,000 vehicles per day at the north end. Projected volumes are approximately 36,500 vehicles per day in 1995. The capacity of the existing two-(2) lane road is only 6,500 vehicles per day. Arrangements have been made for the joint use of space providing an area for utilities within or adjacent to the project right-of-way. These utilities are water, sewer, telephone and electic power facilities. The proposed alignment corridor follows the existing General Booth Boulevard while straightening out the bad curves in the existing pavement. This project would also build approximately six-hundred feet (600') of a connector road between Dam Neck Road and Old Dam Neck Road to improve access to the residential area. Mr. Lambert advised that the Master Street and Highway Plan is a .'general guide and establishes a typical situation. It is not a definiti ve Plan - " - 6 - Mr. Lambert advised that William Schilimgen, President of Talbot and Associates,who are the consulting engineers on the project was present to answer any questions and advised further there is an Ordinance on the FORMAL AGENDA to authorize acquisition of property in fee simple for right-of-way for General Booth Boulevard Phase I and the acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation. Length in Miles - 3.33 Displacements: Houses: - 4 Famil ies - 5 Business: - 1 Construction Cost - $6,750,000 Right-of-Way Cost - $1,000,000 Total Cost - $7,750,000 City Council recessed into EXECUTIVE SESSION, (1:38 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 1982 2:12 p.m. Council Members Present: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Patrick L. Standing INVOCATION: Reverend David H. Howell Baylake United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 8- M I N U T E S ITEM II-D.1/2/3/4 ITEM #18044 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to APPROVE the Minutes of the Special Meeting of March 31, 1982 and the Minutes of the Special Meeting of April 2, 1 982; AND, the Minutes of the Special Meeting of April 1, 1982 as corrected and the Minutes of the Regular Meeting of April 5, 1982 as corrected: April 1, 1982 - Item #17994 - Councilwoman Oberndorf was present for the voting to recess into Executive Sessior and voted AYE. April 5, 1982 - Item #18027 - Councilman Standing was absent durinq the meeting and Councilwoman Oberndorf voted "AYE" 6n the Low Bid of M. E. Wilkins for the Birdneck Point, Phase III project. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 9- R E S 0 L U T I 0 N S ITEM II-E.1 ITEM #18045 Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and DEFER ONE WEEK (April 19, 1982), the Resolution setting forth the City's policy regarding extension of the water and sewer systems into areas developed prior to their availability. Voting: 10-0 Council Members Voting Aye: (for deferral) John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -10- ITEM II-E.2 ITEM #18046 Mr. Isaac Herbert, representing the Burton Station Civic League and a member of the Citizen's Advisory Committee, spoke in opposition. Vice Mayor Heischober made a motion, seconded by Councilman Buchanan, to ADOPT the Resolution allowing for the restructuring of the Citizen's Advisory Committee for Housing and Community Development with the following changes: Page Two - Section 2 - That the Citizen's Advisory Committee shall be composed of twe4ve-@;24 fifteen (15) members. Page Two - Section 3 - That the members shall be representative eemffluR4ty-w4de-e4t4zens of the City and shall serve without compensation. Page Two - Section 4 - That the policy of the City Council shall be to select persons who will represent each of the target neighborhoods as shown on Exhibit "A" attached hereto and incorporated by reference, and three (3) members at large who shall serve wi-fhout vote. Councilman Ervin offered a SUBSTITUTE MOTION, seconded by Councilwoman Oberndorf, whereby on Page Two, Section 4 "...and three (3) members at large who shall serve with voting privileges". Vice Mayor Heischober withdrew his motion and Councilman Buchanan withdrew his second making Councilman Ervin's motion the MAIN MOTION to read as follows: City Council voted to ADOPT the Resolution allowing for the restructuring of the Citizen's Advisory Committee for Housing and Community Development with the following changes: Page Two - Section 2 - That the Citizen's Advisory Committee shall be composed of fifteen (15) members. Page Two - Section 3 - That the members shall be representative of the City and shall serve with- out compensation. Page Two - Section 4 - That the policy of the City Council shall be to select persons who will represent each of the target neighborhoods as shown on Exhibit "A" attached hereto and incorporated by reference, and three (3) members at large who shall serve with voting privileges. Post-it" brand fax transmittal m F.. #@/1 Voting: 7 - 3 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Barbara M. Henley, and Clarence A. Holland, M.D. Council Members Absent: Patrick L. Standing R F S 0 L IJ T 1- 0 Ii 'AIIEREAS, ,-I,,e 1981 amend,-.iciil-s to the Ilotising and I-ommuni-ty DFvelopment Act of 1974 i@iide s-,ibstant:;al changes to the Coiiimunity Development Block Grant Pro@ram concerning citizen participation; Those amendments require that the Ci,ty o@. Virgill4a B2ach shall: 1) Furnish citizens inforpiation concerning the amount of funds available @or pcoposed coi,,@itunity dev--Iopiaent and lioasing activities and the range of activities that may be undertaken; 2) Publish a proposed statement in such manner to afford af- fected citizens an opportunity uo examine its content and to submit com- ments to the City on the proposed statement and on the comrpunity develop- ment performan,,e of the City; 3) Hold one (1) or more public hearings to obtain the views of c'-tizens on cormun--'ty develo-Iment and housing needs; and 4) Coiis4-der any such ccmments and views in p-eparing tlic statement and may, if deemed appropriate by the City, modify the proposed statement; and make the final statement availa@le to the public. 14HEREAS, it is the des@@re of, the Council to establish a Citizen's Advisory Comirittee to be an aid to Council in order for the City to meet those re.,Ivii-renic,.iits tinde, the IQ81 amendments concernirig the citizen partic,.ipation process; NOW, TEEREFOPE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sectl.on 1. That there is hereby established a Citizen's Advisory Committee to serve in an advisory capacity to the Council. Section 2. That the Citizen's Advisory Committee shall be composed of fifteen (15) members. Sectioii 3. That the members shall be representatives of the City and shall serve igithout compensation. I -- L 'L@,,2 Oi-- the City CoLiiicil 'L)U ,o lull I .4 persons who will represent each of the target neighborlioods as shown on Exhibit "A" @itt:ached lie-eto and incorl)orated by reference, and three (3) members AT I.,&-RGE who shall serve with voting privil.eges. Section 5. That riembers oF thc@ (@iti.zen's A(ii,iso,v n@irr.ed by t'le Coiincil of the City of Virgini.a Beach and sliall serve at the p-,Ieasure of tlie Cou'@icil-. The Chairl,,ian and Vice-Ch@-irTnan of tlie. committee slilill be selected by a majority vote of the me-mbers of the committee and sliall serve at the pleasure of tlic-@ coriniittee. Section 6. All other resolutions, policies, or written bylaws in conflict with this resolution are bereby repealed. Section 7. That this resolution shall be in effect from and after its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on April 12, 1982. E X Ii B I T "A" TAPGET AREAS @IE,,'TERSIIIP MFMBER Doyletown Mary Ellen Evans Atl@intic Park Mrs. Susie Whitehurst Graceto,.,n Joseph Lee Seatack Rev. Barnett Thoroughgood Burlon Station Isaac Herbert Mill Dam Johnny Haynes Lake Smith Mrs. Janice L. Holloway Queen Citv Ernest Benson Beechwood Mrs. Leola Williams Rc-edto-,7n Mrs. Mary Smith Newsome Farpis Mrs. Mary Davenport NeNglight Mrs. Alice Green At @large Mrs. Sherri Anne Baxter &t Large Joshua F. Edwards At Large Franklin H. Friend Adopted by the Council of the City of Virginia Beach on the 12th day of April, 1982. - 1 5- C 0 N S E N T A G E N D A ITEM II-F ITEM #18047 Upon motion by Councilwoman Oberndorf, seconded by Councilman Buchanan, City Council voted to APPROVE the CONSENT AGENDA by ONE MOTION. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 1 6- ITEM II-F.1 ITEM #18048 Upon motion by Councilwoman Oberndorf, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance to accept and appropriate funds of $10,000 from the State Department of Mental Health and Mental Retardation and transfer funds of $2,000 with the Department of Mental Health and Mental Retardation for the purchase of a van. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 4/1 2 /82 AN ORDINi@\7CE T@) 1, LTI- C) 'f ifi@ STATT- i)- ','A-,,, j.,!E@ T @ DI-7 OF $10, n O]' PIENTAL HEALIII A@@1) REI@AR'D'ATION ANI) TRANSFER FTJNI)S OF $2,000 ',,IITH Tlll,' Dl,-IPARl@,IENT OF @NENT.AL HR@.ALTII A@@ti @IP,N"CAc, RITAJ@1),,%TION FOR TIIE PURCHASE OF A \7AN WliEREAS, the Department of Mental Ilealth a,d Ma,tal Ratardation (DNIII/t]R) has dete-rm-'@iied a ri(--ed for a v@in for use in t'ie Stib@t,,IT-ce Abuse day program, and WHERF.AS,a grant in the amount of $10,000 has been awarded by the State Department of Mental Ilealth and Mental Retardation for this purpose, and WHEREAS, additional funding of $2,000 is needed to purchase a van and is available by reallocating existing appropriations within the Departirent of @lental Health ard Mental Retardation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIT@ OF THE CITY OF VIRGINIA BEACH, VIRGINIA that tl)e Int(@rim City Manager is hereby authorized to accept tlie gl:ant for the city, and funds are hereby appropriated in the amouiit of $10,000 to the Department of Mental Health aiid M--ntal Retardation for the purchase of a van, and that funds of $2,000 are hereby transferred from existing appropriations within the Department of Mental Health and Mental Retardation for the same purpose, Be it further ordained that estimated revenue from the State Department of Mental Health and Mental Retardation be increased by $10,000. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Twe I f th day of April 19 8 2 First Reading: April 5, 1982 Second Reading:_ April 1 2, 1 982 - 18- ITEM II-F.2 ITEM #18049 Upon motion by Councilwoman Oberndorf, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance to accept a Grant totaling $56,250 from the Virginia Department of Highways and Transportation and to appropriate these funds and the City's matching share of $33,750. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing rF[) BY C,',-:Y tiANAGE" AN ORI)INANCE TO ACCEP- GRflNT TOTAITNG $56,250 FRO@l 'HE VTRGINIA DEPIF@i@@l@-@l C)F HIG@l'@;AYS AND TRANS@ORTAI'-ION ATID TO APPIROPRIAIE THESF FU.Nbs AND THE CITY'S MATCHI@,G Sil@Rc OF @33,750. WHEREAS, the City Council is interested in improving existing bil@e paths and constructing new bike paths, and WHEREAS, the Federal Highway Administration through the Virginia D(,partiTient of Hicliways and TransPortation @ias agreed to award the Cicy a grant to upgrade and construct bike paths, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF I.[IE CITY OF VIRGINIA BEACH: That funds in the amount of $56,250 from the Virginia Depa-trrent of Highways and Transportation to construct the Oceanfront Loop Bikeway be accepted,andthat $33,750 be appropriated as the City's share of tilis program. Oceanfront Loop Bikeway Grant Funds: $56,250 City Funds: 33,750 Total Cost: $90,000 BE IT FURTHER ORDAINED that estimated revenues from the federal government be increased by $56,256, and that $33,750 be appropriated from the City's Fund Balance. BE IT FURTHER ORDAINED that the In@Leririi City Mariager is hereby authorized and directed to accept the award and enter into the necessary contractual agreements for the City. FIRST READING: April 5, 1982 SECOND READING: April 12, 1982 Adopted by the Council of the City of Virginia Beach on the I 2th day of April , 1982. This ordinance shall be effective from date of its adoptiori. C; T - 20 - P L A N N I N G A G E N D A ITEM II-G.l.a ITEM #18050 Ric hard Browner, PI an ner , represented the applican t The following spoke in opposition: Mr. Nelson Sabin, Chairman Great Neck Association of Civic Leagues Mr. Timothy Barrow, resident of area Mr. J. C. Webb, President Woodhurst/Thunderbird Civic League including Sylvan Lakes/Great Neck Farms area Mr. William Wilhoit, representing Community Civic League and citizens unable to be present, including downstream property owners, Sleepy Hollow, Sylvan Lakes and Great Neck Farms Mr. Ed Roehn read letter from Lyle Wermers, Design Engineer and resident of Sylvan Lakes Councilman Buchanan made a motion, seconded by Councilman Ervin, to uphold the recommendation of the Planning Commission and DENY the application of JOHN BAINES AND C. S. YODER for a Clan,e of lo n District Classification from R-5 Residential Dist rict to O_ I Office D i s t r i c t . Voting: 5- 5 Council Members Voting Aye: (for denial) E. T. Buchanan, F. Reid Ervin, Barbara M. Henley, W. H. Kitchin, III, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Vice Mayor Harold Heischober, Clarence A. Holland, M.D., Reba S. McClanan, and Mayor J. Henry McCoy, Jr., D.D.S. Council Members Absent: Patrick L. Standing Due to a tie vote the motion to deny was LOST. - 2 1 - ITEM #18050(a) Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City Council voted to DEFER ONE WEEK (April 19, 1982) for further study and information from the applicant the application of JOHN BAINES AND C. S. YODER for a Change of Zoning District Classification as per the following: Ordinance upon application of John Baines and C. S. Yoder for a Change of Zoning listr!ctoll ssificatil3n from R-5 Residential District t, 0 1 ffice District on certain property located on the North side of First Colonial Road beginning at a point 300 feet more or less West of Mill Dam Road, running a distance of 2004.73 feet along the North side of First Colonial Road, running a distance of 458.43 feet in a North- easterly direction and running a distance of 2124.58 feet in a Southeasterly direction. Said parcel contains 11-172 acres. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: (for deferral) John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McC]anan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 2 2 - ITEM II-G.2.a ITEM #18051 The City Clerk advised Council of a letter received from Captain Jewel 1 , Commanding Off icer-Naval Ai r Station Oceana requesting denial - Mr. Fred Aucamp, purchaser of property, spoke in favor Commander Curtin, AICUZ Officer, Naval Air Station Oceana, spoke in opposition. Upon motion by Councilman Kitchin, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of DAVID G. BARNES for a Change of Zoning- District Classification as per the following including an additional stipulation: Applicant voluntarily agrees to present to tenants disclosure forms advising them the area is in Noise Zone Three and a potential crash zone. ORDINANCE UPON APPLICATION OF DAVID G. BARNES Z0482649 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL DISTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of David G. Barnes for a Change of Zoning District Classification from R-8 Residential District to A-2 Apartment District on certain property lo- cated on the Northwest corner of Barberton Drive and "B" Street, running a distance of 100.94 feet along the West side of Barberton Drive, running a distance of 125 feet in a Northwesterly direction, running a distance of 16.19 feet in a Southwesterly direction, running a distance of 93.39 feet in a Northwesterly direction, running a distance of 127.93 feet along the Western property line and running a distance of 189.88 feet along the North side of "B" Street. Said parcel contains .56 acre. VIRGINIA BEACH BOROUGH. Approval is subject to the following provisions in con- junction with the intended use of the land: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. The developer is to install the following right-of-way improvements to Barberton Drive and "B" Street: pavement widening (along "B" Street a minimum of 18 feet of pavement is to be provided), curb and gutter, sidewalk and storm drainage facilities. - 2 3 - 4. The developer shall provide an adequate drainage outfall system with all necessary downstream improvements and easements. 5. Vacation of existing lot lines to avoid creation of nonconforming lots. 6. The applicant voluntarily agrees to present to tenants disclosure forms advising them the area is in Noise Zone Three and a potential crash zone. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of April, 1982. - 24 - Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 2 5 - ITEM II-G.2.b ITEM #18052 Attorney Edwin Kellam represented the applicant and requested the removal of the following conditions: 1. City water and sewer 2. Standard right-of-way improvements will be necessary along Linkhorn Drive; this includes pavement widening, curb and gutter, and drainage facilities. Edward Sadler, Barefoot Realty, Inc., represented Mr. and Mrs. Smi th . Upon motion by Councilman Kitchin, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of JOHN BURTON AND VIRGINIA M. SMITH for a Change of Zoning District Classification as per the f ol I owi ng ORDINANCE UPON APPLICATION OF JOHN BURTON AND Z0482650 VIRGINIA M. SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 RESIDENTIAL DISTRICT TO R-8 RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of John Burton and Virginia M. Smith for a Change of Zoning t Cll:si fication from 'istric I District on R-6 Residential District to R 8 Re idell certain property located on the North side of Linkhorn Drive beginning at a point 236.76 feet East of Holly Road, running a distance of 200 feet more or less along the North side of Linkhorn Drive, running a distance of 134.40 feet along the Eastern property line, running a distance of 211 feet along the Northern property line, running a distance of 120 feet in a Southerly direction, running a distance of 75 feet in an Easterly direction and running a distance of 136-10 feet in a Southerly direction. Said parcel contains .93 acre. VIRGINIA BEACH BOROUGH. Approval is subject to the following provisions in con- junction with the intended use of the land: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. - 2 6 - 3. Standard right-of-way improvements will be necessary along Linkhorn Drive, this includes pavement widening, curb and gutter, and drainage facilities. 4. The developer shall provide an adequate drainage outfall system with all necessary downstream improvements and easements. 5. A ten-foot dedication along the frontage on Linkhorn Drive, 25 feet from the centerline of the existing 30-foot right-of-way to pro- vide for an ultimate 50-foot standard right- of-way. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of April, 1982. 2 7 - V o t i n gI 0- 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 2 8 - ITEM II-G.2-c ITEM #18053 Thomas R. English spoke in behalf of his application Walter J. Pontbriand, owner of property, spoke in favor Tbe following spoke in opposition: Roger Newill, represented the Shadowlawn Civic League Diana L. Close, President, Shadowlawn Civic League Steve Slocumb presented petitions to Council and owns a lot in the area Upon motion by Councilman Kitchin, seconded by Councilman Holland, City Council voted to DENY the application of THOMAS R. ENGLISH for a Conditional Use Permit as per the following: Ordinance upon application of Thomas R. English for a Conditional Use Permit for a duplex on certain property located at the Northeast Corner of High Point Avenue and Baltic Avenue, running a distance of 55 feet along the North side of High Point Avenue, running a distance of 100 feet along the Eastern property line, running a distance of 55 feet along the Northern property line and running a distance of 100 feet along the East side of Baltic Avenue. Said parcel contains .126 acre. VIRGINIA BEACH BOROUGH. Voting 9-1 Council Members Voting Aye: (for denial) John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Reba S. McC]anan Council Members Absent: Patrick L. Standing - 2 9 - ITEM II-G.2.d ITEM #18054 Attorney Grover C. Wright, Jr., represented the applicant The following spoke in opposition: Mike Lagyglia, resident of area and representing Old Beach Civic League Nancy Parker, President of Old Beach Civic League Ann Stuenberg, 318 22nd Street (backs up to the property in question) Councilman Kitchin made a motion, seconded by Councilwoman McClanan, to uphold the recommendation of the Planning Commission and DENY the application of GUY-DAN, INC., T/A GHOSTLY GOLF for a Conditional Use Permi t . Voting : 5 - 5 Council Members Voting Aye: (for denial) Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, and Mayor J. Henry McCoy, Jr., D.D.S. Council Members Absent: Patrick L. Standing Due to a tie vote the motion was LOST. - 30- ITEM #18054(a) COUNCILMAN HOLLAND LEFT COUNCIL CHAMBERS Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to DEFER ONE WEEK (April 19, 1982) the application of GUY-DAN, INC., T/A GHOSTLY GOLF for a Conditional Uso Permit as per the following: Ordinance upon application of Guy-Dan, Inc., T/A Ghostly Golf for a Conditional Use Permit for a miniature golf course on certain pfope-rty located at the Northeast corner of 21st Street and Arctic Avenue, running a distance of 200 feet along the North side of 21st Street, running a distance of 140 feet along the Eastern property line, running a distance of 200 feet along the Northern property line and running a distance of 140 feet along the East side of Arctic Avenue. Said parcel contains .65 acre. VIRGINIA BEACH BOROUGH. Voting: 9-0 Council Members Voting Aye: (for deferral) John A. Baum, E. T. Buchanan, F. Reid Ervin*, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D., and Patrick L. Standing *COUNCILMAN ERVIN VOICED A VERBAL "AYE" FOR DEFERRAL. - 31- ITEM 11-G.2.e ITEM #18055 COUNCILMAN HOLLAND RETURNED TO COUNCIL CHAMBERS Attorney Grover C. Wright, Jr., represented the applicant Malcolm C. MacDonald appeared in behalf of his application Upon motion by Councilman Kitchin, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of MALCOLM C. MacDONALD for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF MALCOLM C. R0482451 MacDONALD FOR A CONDITIONAL USE PERMIT FOR 9 MOTEL UNITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Malcolm C. MacDonald for a Conditional Use Permit for 9 motel units on certain p o@perty located on the West side of Pacific Avenue beginning at a point 75 feet South of 24th Street, running a distance of 65 feet along the West side of Pacific Avenue, running a distance of 50 feet along the Southern property line, running a distance of 65 feet along the Western property line and running a distance of 50 feet along the Northern property line. Said parcel contains .07 acre. VIRGINIA BEACH BOROUGH. Approval is subject to the following provisions in con- junction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. This Ordinance shall be effective from date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of @ril, 1982. 3 2- Voting: 1 0- 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McC]anan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 3 3- ITEM II-G.2.f ITEM #18056 Stuart H. Held spoke in behalf of his application Robert Bailey, owner of property at 1002, The Midway, and past President of his civic league. Upon motion by Councilman Kitchin, seconded by Vice Mayor Heischober, City Council voted to DEFER FOR TWO WEEKS (April 26, 1982) the application of STUART H. HELD for a Conditional Use Permit as per the following:* Ordinance upon application of Stuart H. Held for a Conditional Use Permit for a duplex on certain property located on tfie South side of Pinewood Drive beginning at a point 565.52 feet East of The Midway, running a distance of 50 feet along the South side of Pinewood Drive, running a distance of 131 feet along the Eastern property line, running a distance of 50 feet along the Southern property line and running a distance of 130.60 feet along the Western property line. Said parcel contains .15 acre. VIRGINIA BEACH BOROUGH Voting: 10-0 Council Members Voting Aye: (for deferral) John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing *Tbe City Attorney is to complete the title search and report to Council . - 34 - G E N E R A L B 0 0 T H B 0 U L E V A R D ITEM II-H.1 ITEM #18057 The following persons spoke in opposition to the proposed Ordinance regarding General Booth Boulevard: Attorney John W. Richardson, represented Don Pratt and John Wilson who are property owners along the side of Oceana Boulevard (close to Nimmo Church) and requested deferral of the proposed Ordinanc. Herbert Dugroo, resident of 2240 Oceana Boulevard William Seward, owner of a two acre parcel on Old Dam Neck Road and General Booth Boulevard Dale Wilkerson, resident of Old Dam Neck Road and spokesman for other residents on Old Dam Neck Road, requested a stoplight be placed at the connector road and New Dam Neck Road Upon motion by Councilwoman McClanan, seconded by Councilwoman Henley, City Council voted to include a traffic signal at the connector road and New Dam Neck Road in the plans of General Booth Boulevard Phase I. Voting : 9 - 1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: E. T. Buchanan Council Members Absent: Patrick L. Standing - 3 5- ITEM #18058 Upon motion by Councilwomaan McClanan, seconded by Councilman Baum, City Council voted to DEFER TO MAY 10, 1982 the Ordinance to authorize acquisition of property in fee simple for right-of-way for General Booth Boulevard Phase I and the acquisition of temporary and permanent easements of right-of-way either by agreement or by condemnation. Voting: 1 0 - 0 Council Members Voting Aye: (for deferral) John A. Baum, E. T. Buchanan, F. Reid Ervin*, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McC]anan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing *COUNCILMAN ERVIN VOICED A VERBAL "AYE" FOR DEFERRAL Al,' 1;7AY YOC)TH I AND T,'117 "AY, F@'.LTI!Ei@ 13Y O@,@ L"Y CO@@@)F-,!,IN.NTlo,,,@. in th@. c, Virginia Beach, 'Virg@Liiia, a p@AlDlic neC-@."Sit-y exists fc)r tile Const)-u(-,-Iioii of this iin@ortailt PrOject t--() Drovide transiDortati@--n and for other public purpc)ses for the pr(eservatiori cl@ th@a safet@', healtli, peace, qoc)d. crder, comfort, cOll@7enierice, and for the welfare of tlie Deople in the Cit-v Of Vilgin4-a Beach: NOW, TIJEREFK)RE, BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA REACH, VIRGINIA: Section 1. !,hat the City Attornev is lier@-by authorized and directed to acquire by purchase or condemnation pursuant to Sectioias 15.1-236, et seq., 15-1-898, 1 D .1-899, and Scction 33.1-80 et sec., Cc,,de of Virginia of 1950, as amended, aJ.1 tliat: certai-n real propertv in fee simple, includinq teinr)orary atid permanent easements of riqlit of ,.,ay as sliown oii t@,,2 r)lar,E; entitled, Generpl. Boo'@-ii Boul(,.vard, Phasc, I these plans beiriq cri filc@ -'ri the Office of Rcal Estalle Department Of PLiblic Works, Virqin4@a Beach, Virqinia. Section 2. That the City Attortiey is liereby alithorizc-d to Triile or cause "o be ineide on belialf of .he City of Virginia Beach, to the cxterit tliat funds are available, a reasonab@.e o-4fer to the owiiers or persons having an interest in said lands, if refused, tlie CitN, Attorney is hereby authorized to institute proceedings to condemn said pror)erty. Section 3. That an eriergency is I)ereby declared .-o ex4-st and this ordi.i-ianc@, be in force and e-ffect fron the A6c)r,)@eci by the Council of the (7,ity of @l;-rcirlia "O@ch, Viiqi@iia, oii 'lie day of 19 DEFERRE-U: A p r i 112, 1982 T' 19) - 3 7 - L 0 W B I D ITEM II-H.2 ITEM #18059 COUNCILMAN HOLLAND LEFT COUNCIL CHAMBERS The following bids have been received for the Refuse Transfer Station Civil and Related Work Project (3-940): Womack Contractors $164,205.00 Asphalt Roads and Materials Company, Inc. $173,959.00 E. V. Williams Company $190,000.00 D. J. W. Construction Company, Inc. $194,122.05 Engineer's Estimate $180,000.00 Upon motion by Vice Mayor Heischober, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Womack Contractors, in the amount of $164,205.00 for the Refuse Transfer Station - Civil and Related Work Project (3-940) and authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting : 9 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III*, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D., and Patrick L. Standing - 38- A P P 0 I N T M E N T S ITEM II-I.1 ITEM #18060 Upon nomination by Councilman Ervin, City Council voted to APPOINT Oscar Northen to the BOARD OF PLUMBING AND MECHANICAL APPEALS for a term of two (2) years*beginning May 1, 1982 and expiring October 2, 1984. Voting : 9- 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D., and Patrick L. Standing *Council approved an October expiration to be in compliatice with other expirations on this Board - 3 9 - P 0 E S I D I A I N S T I T U T E R A F F L E P E R M I T ITEM II-J.1 ITEM #18061 Jean Campbell, Executive Director of Poesidia Institute spoke in favor of the requested Raffle Permit. The City Manager advised the original application of Poesidia Institute was denied by City Council and "what was termed as an amended application was filed and the City classified it as a new application which is being held pending revisions to that application to bring it in line with the new Ordinance". Upon motion by Vice Mayor Heischober, seconded by Councilman Baum, City Council voted to DEFER ONE WEEK (April 19, 1982) the application of POESIDIA INSTITUTE for a raffle permit until the City staff has the information needed to make a proper recommendation to this Council. Voting : 8-0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: E. T. Buchanan Council Members Absent: Clarence A. Holland, M.D., and Patrick L. Standing - 40 - A D J 0 U R N M E N T ITEM II-L.1 ITEM #18062 Upon motion by Councilman Ervin, City Council adjourned at 6:00 p.m. Diane M. Hickman, Deputy City Clerk Ruth Hodges SRrith, CMC, ity Clerk Mayor J. Henry McCoy, Jr., D.D.S. City of Virginia Beach, Virginia 12 April 1982 dmh/led