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HomeMy WebLinkAboutOCTOBER 19, 1981 MINUTES Cit@ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR J. HENRY Mc-COY JR., D.D.S., K..p..ill, B...Rb VICE-MAYOR HAROLD HEISCHOBER. A, L.,g, JOHN A. SAUM, Bi-k-., B.@.gh E. T. BUCHAAAN. Ly..b.... B...gh F. REID ERVIN. As L.,gl BARBARA M. HENLEY, P-g. B.@.gh CLARENCE A. HOLLAND, M.D., B ... id, B .... gh U. R. KITCHIN, 111. Vigi.i. B..Cb JZEBA S. M,CLANAH, P@.@... A-. B.,-Kb MEYERA E. OBERNDORF, A, L.,g, 212 CrrY HALL BUILDING PATRICK L. STANDING, A, L.,8, MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456 RUTH HODGES SMITH, Cily Cillk (804) 427-4303 CITY COUNCIL AGENDA October 19, 1981 ITEM I INFORMAL SESSION: 12:00 Noon A. CALL TO ORDER - Mayor J. Henry McCoy, Jr., D.D.S. 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. Cluster Housing Zoning: Briefing by Mr. Robert J. Scott, Director of Planning Department. 4. Raffle Permit Reauest of Poseidia Institute: Discussion of progress. 5. Interchange at First Colonial Road: Briefing by Mr. C. Oral Lambert, Jr. ITEM II FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Richard B. Faris Foundry 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 October 12, 1981. E. PRESENTATION 1. Recognize members of WEBELOE Scout Pack #406 (Laurel cove, Lynnhaven Borough) Thomas Wilbricht, scout Master F. RESOLUTION 1. Resolution of Appreciation - R. Lee Carey ITEM II G. PUBLIC @RING 1. FY '82 Revenue Sharing Capital Budget School Projects New Cox High School $ 1,100,000 Engineering and Highway Projects Newtown Road (Baker to Northampton) 2,631,000 Nanney's Creek Bridge 120,000 Atlantic Avenue Beautification (Plans) 200,000 Building Projects Fire Station #18 (Green Run) 550,000 Circuit Court Clerk's Office Renovation 350,000 (1st Phase) Central Library (Site Acquisition) 625,000 Seatack Fire Station 350,000 Recreation Office Building Renovation 66,000 Landfill (Site Acquisition) 120,000 Parks and Recreation Projects ]3ikeway - Mt. Trashmore to Princess Anne Park 163,000 TOTAL EY 1982 PROPOSED RFVENUE SHARING $ 6,275,000 H. ORDINANCES 1. Reconsideration a. Ordinance declaring a 0.257 acre parcel of land in the Virginia Beach Borough which lies adjacent to Lake Holly and Lakewood Circle. (on September 28, 1981, Council voted to reconsider this matter.) 2. Deferred a. Ordinance appointing viewers in the application of Mr. R. W. Townsend for a petition for the closure of a Portion of Pennsylvania Avenue (Bayside Borough). (On October 12, 1981, Council deferred this matter for one week.) 3. First Reading a. Ordinance, on FIRST READING, to appropriate funds of $31,232 for the additional cost of the work performed to date in the removal of the 2nd Street Steel Pier. 4. Low bid a. Low bid of Virginia Bridge and Structure Company, in the amount of $169,000.85, for the Nanney's Creek Bridge Replacement Project; AND, authorize the City Manager to,enter into the necessary agreements for the implementation of this project. ITEM II I. APPOINTMENTS 1. Personnel Board J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 19 October 1981 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, 19 October 1981, at Twelve Noon. 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None ITEM #17284 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, assi-gnment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, 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 owned or desirable for omership by such institution. 3. LEGAL MATTERS: Consultation with legal Counsel or riefing 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 Standing, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 3- M A T T E R S B Y T H E M A Y 0 R APPOINTEES/EVALUATION ITEM #17285 Mayor McCoy advised Council of a suggestion by Councilman Ervin whereby a schedule would be implemented to permit meetings with the five Council Appointees on a regular basis. Councilwoman Oberndorf requested Council prepare objectives and goals for each Appointee to permit a better understanding of what is required; AND, asked the Mayor to appoint a committee for that purpose. It was the consensus of Council these meetings be held in November. M A T T E R S B Y C 0 U N C I L M E M B E R S FOLLOW-UP REPORTS ITEM #17286 Councilman Ervin requested the City Clerk prepare a file folder for each Council Member indicating what matters they have asked infor- mation on from the City Staff. Mayor McCoy advised he was receiving such information from the City Clerk; however, he has not pursued the matter. Councilman Ervin advised he was under the impression that Council was to receive, in bound form, statements of Policy. The City Clerk advised the matter is being done; however, due to the many meetings on water she and the City Manager have been unable to meet to discuss this matter. 271/2 STREET ITEM #17287 Mayor McCoy asked if each Member of Council received the letter from Stuart Held requesting a meeting before Council in an attempt to prohibit parking on 271/2 Street. It was requested this matter be handled administratively; however, by consensus of Council no action was taken, and the matter has not been scheduled for a future Council meeting. 4- BOARDWALK ORDINANCE ITEM #17288 Councilma.n Buchanan requested the status on the Ordinance amendment regarding boardwalk cafes. The Director of Planning advised Council the Courts permitted the City ninety (90) days in which to reconstruct the Ordinance. CLUSTER HOUSING ITEM 17289 Councilman Kitchin advised it would be beneficial to hold an INFORMAL BRIEFING SESSION to discuss Cluster Housing with regards to: 1. Policy for Council to follow. 2. Changes in AICUZ boundaries. It was the consensus of Council to hold an INFORMAL BRIEFING SESSION on Monday, November 9, 1981, at 10:30 a.m. to discuss this matter; and, to invite Planning Commissioners Irby and Perrell and Richard Browner, Land Planner Councilwoman Henley requested Council hold a workshop with Dick Browner and Planning Commissioner Irby on this matter. I N F 0 R M A L S E S S I 0 N CLUSTER HOUSING ITEM #17290 The Planning Director advised Council of the major points concerning the PD-H Ordinance proposal to be considered by Council on Monday, October 26, 1981. 1. Current planned unit development will be governed by the regulations in the PD-H I section. There will be no changes in the regulations which currently govern them. New planned unit developments will be governed by the PD-H 2 regulations. The current PD-SC (Planned Unit Development-Shopping Centers), will be eliminated. 2 . The PD-H 2 Di stric t wiII be an o ve rl ay district. The underlying zoning will be retained, and PD-H 2 zoning would be required through the zoning change process. - 5- 3. The R-1 through R-9 Districts and the A-1 through A-4 D.istricts would be eligible for a PD-H 2 overlay. 4. There would be NO increase in density as a result of this, since the density of the underlying zoning woul d be retained. 5. There would be a 5-acre minimum on tract size. 6. There will be a flexibility of dwelling types in the PD-H 2 such that the developer would be allowed to build any type of housing that City Council allowed as part of the Plan. 7. The Land Use Plan submitted with the application and approved by City Council would govern not only dwelling type but also the land use pattern of the, project in general. 8. Height, setback and other similar details would also be governed by the Land Use Plan. 9. Since a number of dwelling types are allowed but no density increase allowed, it is probable that, a cluster type development will result. The PD-H 2 regulations provide for appropriate maintenance and regulation of the open space which would resu'lt., The Planning Director further advised that any major changes to housing type, density, allowed uses, or location of any of the; elements shall require an amendment to the PD-H 2 Land Use PlAn. Such amendment shall be approved only in the manner of approvai of the original Land Use Plan, (Planning Commission and City: Council). Any minor changes may be made by the Planning Diri2ctor. RAFFLE PERMIT/POSEIDIA INSTITUTE ITEM #17291 Per instructions of City Council, September 28, 1981, the City Attorney requested the Commonwealth Attorney secure the opinion of the Attorney General in the questi,on of the raffle permit application of Poseidia Institute. Under the Statutes in Virginia, the Commonwealth Attorney must take a position on this issue, and forward that position to the Attorney General for his ruling. One of the problems which has arisen in this matter is the Institute's "going into the mortgage business", and if that removes them from a tax exempt status under Section 501(c)(i), Internal Revenue Code. This matter has been placed on the FORMAL AGENDA under UNFINISHED BUSINESS, (October 19, 1981). - 6- INTERCHANGE/FIRST COLONIAL ROAD ITEM #17292 At the request of Councilman Kitchin, the Director of Public Works presented an updated report on the Interchange at First Colonial Road, and provided Council with a plat showing the proposed Interchange, (a copy of which has been made a part of these proceedings). City Council recessed into EXECUTIVE SESSION, (1:25 p.m.) 7- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 19 October 1981 2:20 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None INVOCATION: Reverend Richard B. Faris Foundry 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 ITEM #17293 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to APPROVE the Minutes of the Regular Meeting of 19 October 1981. Votin g 1 1 - 0 Council Members Voting Aye: John A. BaLFn, 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 9- R E C 0 G N I T I 0 N ITEM II-E.1 ITEM #17294 Members of WEBELOE Scout Pack #406, (Laurel Cove, Lynnhaven Borough), nor their Scout Master, Thomas Wilbricht, were present for the meeting. R E S 0 L U T I 0 N ITEM II-F.1 ITEM #12795 Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to ADOPT the Resolution of Appreciation and present same to R. Lee Carey. Mrs. Phyllis Millette, Personnel Director, presented to Mr. Carey a Plaque from the Personnel Department, and to Mrs. Carey a bouquet of flowers. Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None I 0- RESOLUTION OF APPRECIATION TO R. LEE CAREY WHEREAS, R. Lee Catey, haz ze,%ved az a membe,% oi the PeiLsonnet Bo a)td J)Lom 1 9 6 8 to 1 9 81 ; and, WHEREAS, R. Lee Catey, haz 4etved wi-etingty and untiting-ey in behat6 oi the City oi Vitginia Beach; and, WHEREAS, hiz dedication and unzetiizh setvice invotved pe,tsonaY- sacti6icet and inconveniences, not onty to him, but 6,tequentty to hiZ jamity andloa buZine-6.6; and, WHEREAS, we ttuzt he teatized zatis6action is succe,64iutty administe)ting in his advizoty capacity not onty to City Councit, but to the citizens o6 this ia.6t g)Lowing mettopo-eiz. NOW, THEREFORE, BE IT RESOLVED: That the Vitginia Beach City Councit )Lecognizez thiz tecotd o6 thitteen [131 yea)Ls 06 di,stinguizhed setvice in pubeicty expte.6sing itz since)Le gtatitude 6o& hi4 conttibution o6 time, enetgy and intettect. BE IT FURTHER RESOLVED: That this ResoZution o6 Appteciation be made a patt oi the,6e ptoceedingz oi the Fo)Lmay- SeS.6ion o6 City Councit this 19th day o@ Octobe&, 1981, in the City o6 Vi)Lginia Beach, Vi,tginia. Given undet my hand and 6eat thi,6 19th day o6 Octobet 7981. J. Henty McCoy, Jt., D.D.S. Mayo,% City o6 VijLginia Beach P U B L I C H E A R I N G ITEM II-G.1 ITEM #17296 Fiscal Year 1982 Revenue Sharing Capital Budget: School Projects New Cox High School $1,100,000 In,inee ri ngan d Hi ghway Irojec ts N etow n Kad TBak er to Northampton) 2,631,000 Nanney's Creek Bridge 120,000 Atlantic Avenue Beautification (Designs) 200,000 Building Projects Fire Stati on #1 8 (Green Run) 550,000 Circuit Court Clerk's Office Renovation (First Phase) 350,000 Central Library (Site. Acquisition) 6 2 5 000 Seatack Fire Station 350,000 Recreation Office Building Renovation 66,000 Landf il 1(Site Acquisition) 120,000 Parks and Recreation Projects Bikeway - Mt. Trashmore to Princess Anne Park 163,000 Total Fiscal Year 1982 Proposed Revenue Sharing $6,275,000 Mayor McCoy advised Council of the Public Hearing on Revenue Sharing. The following appeared in favor of the widening of Newiown Road, from Baker Road to Northampton Boulevard: Mr. Vaughan Mr. Lee Kelberg There being no other speakers, the Mayor declared the Public Hearing. cl osed. 1 2 - 0 R D I N A N C E S ITEM II-H.l.a ITEM #17297 Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance declaring a 0.257 acre parcel of land in the Virginia Beach Borough, which lies adjacent to Lake Holly and Lakewood Circle, excess. Voting: 1 0 -1 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, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: None *Approval required three@fourths (3/4) vote of all members of Council. -1 3- AN ORDINANCE DECLARING A 0.257 ACRE PARCEL OF LAND IN THE VIRGINIA BEACH BOROUGH AS DESCRIBED HEREINBELOW EXCESS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, by Deed dated February 17, 1937, the lake bed, shores and other land comprising Lake Holly was conveyed to the Town of Virginia Beach, said Deed being recorded in Deed Book 186, at Page 536; and a portion of the property conveyed in said Deed is a small jib of property adjacent to Lakewood Circle and described as follows: All tha.t certain parcel of land situate, lying and being in the Virginia Beach Borough, City of Virginia Beach, Virgihia, and designated and described as "11,214 Sq. Ft. 0.257 ac." on that certain survey entitled "SURVEY OF PROPERTY OF ROBERT S. LINDSLEY LOCATED TO THE SOUTHEAST OF HOLLY BLVD. AND LOT 31 IN BLOCK 100 AS SHOWN ON THE PLAT OF LAKEWOOD.... " dated June 21, 1976, prepared by Harold C. Warren, Jr., and which said survey is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in @lap Book 115, at Page 15. WHEREAS, in the opinion of the Council of the City of Virginia Beach the said 0.257 acre parcel of land, as described hereinabove, is now in excess of the needs of the City, and . WHEREAS, it is now considered suitable to dispose of the said 0.257 acre parcel. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I That the City Manager is hereby authorized to convey the said 0.257 acre parcel as indicated in the deed attached hereto. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the -19 day of October 1981. This ordinance requires a three-fourths (3/4) vote of 1, 1: YO CO'V,'7,nr?T all members of Council. 8/25/81 1 ATUPE DSH (1981) P,, P A P. "!.l @-- N T AS TQ FC -14- ITEM II-H.2.a ITEM #17298 COUNCILMAN BAUM LEFT COUNCIL CHAMBERS Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance appointing Viewers in the application of Mr. R. W. Townsend for a petition for the closure of a portion of Pennsylvania Avenue, in the Bayside Borough. Voting: I 0 - 0 Council Members Voting Aye: 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum 1 5- ORDINANCE APPOINTING VIEWERS WHEREAS, Estate of Robert Easton Townsend, Deceased, Eli za-be th T. Overcash , Sole Surviv ing Executrix , has gi ven due an d proper notice, in accordance with the Statutes for such cases made and provided that they will on the day of 1981, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience, would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Counc i 1 . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT C. Oral Lambert David M. Grochmal Robert J. Scott are hereby appointed to view the below-described property and report in writing to the Council on or before whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: SEE ATTACHED AMENDED LEGAL DESCRIPTION All the above as shown upon that certain plat entitled "Plat of Euclid Place", duly- recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, -Virginia, in Map Book 4, Page 62, a copy of whidh Plat is attached hereto and made a part hereof. 1 6- AMENDED LEGAL DESCRIPTION THAT PORTION of Pennsylvania Avenue between Block I and Block 2, as shown on that certain plat entitled "Plat of Euclid Place" which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and lying North of a line which if shown on said plat would connect the Northern property line of Lot 12, Block 1, with the Northern line of Lot 24, Block 2, and South of a line which is Westward extension of the Northern pro- perty line of Lot 1, Block 2 as shown on said plat recorded in Map Book 4, at Page 62, said property being more particularly described as follows: Beginning at a point which is the Southeast corner of Lot 11, Block 1, Euclid Place, which point is in the Western right- of -way 1 ine of Penn syl vania A ven ue thence running in a Northerly direction along said Western right-of-way line to a point which is the Northeast corner of Lot 1, Block 1, Euclid Place; thence running in a Westerly direction along the Northern pro- perty line of Lot 1, Block 1, Euclid Place, to a point which is the Northwest corner of Lot 1, Block 1, Euclid Place, at its intersection with the Eastern right-of-way line of Witchduck Road (said Witchduck Road being unnamed on the Plat of Euclid Place); thence in a Northeasterly direction to a point which is in the Northern boundry line of said Plat; thence in a Southeasterly direction along said Northern boundary line to a point in the Eastern right-of-way line of Pennsylvania Avenue, which point is the Northwest corner of Lot 1, Block 2, Euclid Place; thence in a Southerly direction along said Eastern right-of-way line to a point which is the Southwest corner of Lot 23, Block 2, Euclid Place; thence in a Westerly direction to a point of beginning. Reference is hereby made to that certain plat entitled "Plat of Euclid Place" which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 4, Page 62, for a more particular description. 1 7- F I R S T R E A D I N G ITEM II-H.3.a ITEM #17299 Upon motion by Councilman Standing, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the City Manager and ADOPT ON FIRST READING the Ordinance to appropriate funds of $31,232 for the additional cost of the work performed to date in the removal of the Second Street Steel Pier. Voting: 9-1 Council Members Voting Aye: 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: John A. Baum -18- ORDINANCE TO APPROPRIATE FUNDS OF $31,232 FOR THE ADDITIONAL COST OF THE WORK PERFORMED TO DATE IN THE REMOVAL OF THE SECOND STREET STEEL PIER WHEREAS, City Council appropriated funds of $148,812 for the removal of submerged steel debris and pilings at the former site of the Virginia Beach Steel Fishing Pier at Second Street on the oceanfront; and, WHEREAS, the contract specifications for this work estimated the amount of miscellaneous debris to be removed as 30 pieces; and, WHEREAS, to date,294 pieces of miscellaneous debris and 13 pieces of dredge pipe have been removed along with approximately one-half of the pilings; and, WHEREAS, the additional amount of debris has caused delays in the schedule and increased the cost of the work performed; and, WHEREAS, funds of $31,232 above the original contract amount are needed to satisfy the contractor's activity to date. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT funds of $31,232 be appropriated from the General Fund Balance to the Department of Public Works to cover the additional cost of the work performed to-date in the removal of the Second Street Steel Pier. This Ordinance shall be in effect from date of adoption. FIRST READING: October 19, 1981 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 981 1 9- L 0 W B I D ITEM II-H.4.a ITEM #17300 The following bids have been received for the Nanney's Creek Bridge Replacement Project: Virginia Bridge and Structure Company $169,000.85 Luke Construction Company $1 86 l 20 . 9 7 Campbell Construction Company $187,222.54 Sanford Construction Company $187,685.17 Crowder Contracting Company $188,076.00 Lynnhaven Marine Construction $194,418.32 Suburban Grading and Utilities $219,654.26 Floyd B. Smith $265,333.20 Engineer's Estimate $155,638.45 Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Virginia Bridge and Structure Company, in the amount of $169,000.85 for the Nanney's Creek Bridge Replacement Project, which involves the replacement of the existing Nanney's Creek Bridge with a 34-foot wide, 52-foot long concrete bridge and 500 feet of road approach construction. Contractor's Paving Company is listed as a subcontractor for this project. Award of the contract will be subject to the resolution of any pending claims. Funds are currently available in the amount of $54,000. The remaining $120,000 necessary for completion of this project will be obtained from the 1982 Revenue Sharing Funds. Voting: 10-0 20 - Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, 111, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. BaL#n 21- A P P 0 I N T M E N T S ITEM II-I.1 ITEM W17301 Upon nomination by Councilwoman McClanan, City Council voted to APPOINT James A. Evans to the PERSONNEL BOARD for a term of three (3) years, beginning October 19, 1981 and ending October 18, 1984. Voting: 1 0 - 0 Council Members Voting Aye: 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum 2 2- U N F I N I S H E D B U S I N E S S ITEM II-J.1 ITEM #17302 The following appeared in behalf of the Raffle Permit for Poseidia Institute: Mr. Bob Friedman Dr. Tony Bruder Miss Jean Campbell Mr. M. Leonard Baker Vice Mayor Heischober made a motion, seconded by Councilwoman McClanan, to DENY the application of Poseidia Institute for a raffle permit. Councilman Ervin offered a SUBSTITUTE MOTION, seconded by Mayor McCoy, to CONTINUE the DEFERMENT of the application of Poseidia institute for a raffle permit until the opinions of the Attorney General and the Internal Revenue Service are received. Voting: 7- 3 Council Members Voting Aye: (for deferral) E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: John A. Baum 23- A D J 0 U R N M E N T ITEM II-L.1 ITEM #17303 Upon motion by Councilman Holland, City Council adjourned at 3:37 p.m. Diane M. Hickman, Deputy City Clerk mith, City Clerk r V.' M c Co City of Virginia Beach, Virginia 19 October 1981 dmh /a sd