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HomeMy WebLinkAboutOCTOBER 5, 1981 MINUTES "WORLD'S I-ARGEST RESORT CITY" CITY COUNCIL MAYOR J. HENRY M,.COY ]R., D.D.S., B ... gh VICE-MAYOR HAROLD HEISCHOBER, Al L.,g, JOHN A. BAUM, S.@.gh E. T. BUCHANAN, Ly..b.... B...gh F. REID ERVIN, A, L.,g- BARBARA M. HENLEY, P-,. B.@.gh CLARENCE A. HOLLAND, -M.D.. B.y.id. B...gb W. H. KITCHIN. Ill, Vigi.i. B..cb B.@-gh REBA S. McCLANAN, P,i.@... A... B.@.gh AIEYERA E. OBERNDORF, A, L.,g, 212 CrrY HALL BUILDING PATRICK L. STANDING, A, L.,I, ATUNICIPAL CENTER VIRGINIA BEAC)I. VIRGINIA 234$6 RUTH HODGES SMITH, City Cl-lk (804) 427-4303 CITY COUNCIL AGENDA October 5, 1981 ITEM I INFORMAL SESSION 12:00 Noon A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR. B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMALIEXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. 3. Ordinance Pertaining to Wage and Salary and Variable 3Ferit Increases: Discussion. 4. Resort Parking Committee Recommendations: Discussion. 5. Request for Simultaneous Advertising of Subdivision Variance for W. Deane Williams. ITEM II FORMAL SESSION 2:00 p.m. A. INVOCATION: Reverend Robert E. Friend Wesleyan Acres 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 September 28, 1981. ITEM II E. RESOLUTIONS 1. Resoluti6n authorizing the City Manager to execute an Agreement of Amendment to the Norfolk Water Contract; AND, a Resolution authorizing the City Manager to execute the First Supplemental Agreement to the Suffolk Water Contract. 2. Resolution concurring with the inducement resolution adopted by the City of Chesapeake Industrial Development Autbority on March 4, 1981, in the amount of $5,000,000 in connection with the issuance of industrial development revenue bonds to finance the construction of certain facilities and the acquisition of equipment in connection with the operation of the WCPK and WNRN Radio Stations by Payne of Virginia, Inc. 3. Resolution authorizing the City Manager and City Clerk to execute a certain agreement between the United States of America and the City of Virginia Beach, Virginia; AND, an Ordinance to authorize the acquisition of property in fee simple for Lynnhaven Inlet, Bay and Connecting Waters Maintenance Dredging project and the acquisition of necessary temporary and permanent easements either by agreement or by conde=ation. 4. Resolution requesting the City of Chesapeake to agree to a boundary change that would place the entire subdivision of Queen City within the City of Virginia Beach; AND, a Resolution whereby the City of Virginia Beach agrees to proposed boundary changes provided that Woods Corner Associates, Ltd. pays all costs involved with such boundary change, and requesting the City of Chesapeake to concur with this boundary change. 5. Resolution allowing charge-offs within several City departments as uncollectible accounts. F. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the 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. Raffle permits: Princess Anne Woman's Club of Virginia Beach Virginia Recreation and Parks Society 2. Request of the City Treasurer for tax refunds in the amount of $2,904.67. 3. Request of the Commissioner of the Revenue for license refunds in the amount of $178.75. G. PLANNING ITEMS I 1. Application of I. Reese Smith for a change of zoning from R-5 Residential District to 0-1 Office District on a 2.9-acre parcel located on the north side of Potters Road, east of London Bridge Creek (Lynnhaven Borough). This matter was deferred for one week on September 28, 1981. 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM II H. ORDINANCES 1. General a. Ordinance to amend Section 18-93, 18-94, 18-95 and 18-96 of the Code of the City of Virginia Beach pertaining to peddlers generally. b. Ordinance authorizing certain events conducted on City property to be exempt fromthe prohibition from working or transacting business on Sunday 1. Coin & Gun Collectors Show 2. Virginia-Carolina's Computer Show & Office Equipment Expo. 3. Antique Flea Market 4. Coin & Gun Collectors Show 5. Beta Sigma Phi Crafts Show 6. Wildfowl Exposition 7. Tidewater Kennel Club Dog Show 8. Arts & Crafts Exposition 2. First Readings a. Ordinance, on FIRST READING, for entering into contracts with the Southeastern Tidewater Area Manpower Authority to fund the City's CETA employment progr-ms, and to appropriate these funds. 3. Bid a. Low bid of APAC-Virginia, Inc. (fomerly Warren Brothers), in the amount of $347,811.80, for the 1981-82 Bituminous Concrete Maintenance Schedule "B" program; and, authorize the City Manager to enter into the necessary agreements for the implementation of this project. I. APPOINTMENTS 1. Hampton Roads Air Pollution Control District Commission 2. Historical Review Board 3. Board of Plumbing and Mechanical Appeals 4. Transportation Safety Commission J. UNFINISHED BUSINESS 1. Recommendations of Committee on Resort Area Parking K. NEW BUSINESS L. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 5 October 1981 The Regular Meeting of the Council of the City of Virginia Beacb, Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the C6nference Room, City Hall Building, on Monday, October 5, 1981, at Twelve o'clock Noon. Council Members Present: John A. Ba@ E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, 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: F. Reid Ervin, and Clarence A. Holland, M.D.* ITEM #17207 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, performauce, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PTBLICLY BELD 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 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 governmental unit would be adversely affected. 4. LEGAL MATTERS: Consultation with legal Counsel or briefing 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 Counci voted to recess into EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. KitchiN III, Reba S. McClanan, Mayor J. Henry McCoy, D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Clarence A. Holland, M.D.* *COUNCILMAN HOLLAND ENTERED MEETING AT 12:15 p.m. 3- M A T T B R S B Y T E E M A Y 0 R NEPTUNE FESTIVAL ITEM #17208 Mayor McCoy advised that the Neptune Festival was a "rousing" success, and it has been estimated that approximately 200,000 to 500,000 citizens attended the festivities. HALLOWEEN HOURS ITEM #17209 Mayor McCoy advised Council of a letter received from the Pinewood 'Gardens Civic League requesting the time for Halloween be reduced from 9:00 p.m. to 8:00 p.m. By consensus of City Council, the curfew hour will remain 9:00 p.m. M A T T E R S B Y C 0 U N C I L M E M B E R S SOLID WASTE/COMPLAINTS ITEM #17210 Councilwoman McClanan made reference to anarticle in the "For Your Information" section of the Agenda concerning Solid Waste with respect to the wording "...so far we have had no complaints." A. LEE RAWLINGS SURVEY ITEM #17211 Councilman Baum made reference to a letter received from A. Lee Rawlings regarding several questions they wish Council to respond to, and advised if not legally required by law he was not going to answer any questions of this nature. This questionnaire is a result of the City's annual audit CITY WATER/SEWER ITEM #17212 Councilwoman Oberndorf made reference to several letters from the residenta in the Bayside Borough concerned with hooking up to the City's water and sewer lines, and asked if their questions had been answered. The City Manager advised that the Director of Public Utilities had answered the questions of the residents in that area. 4- MAYOR'S PROPOSAL ITEM #17213 Councilwoman Oberndorf requested a copy of the Mayor's statement conceriiing his proposal on the "Direct Election of the Mayor". I N F 0 R M A L S E S S I 0 N RESOLUTIONS/WATER CONTRACTS ITEM #17214 The City Manager advised that on the INFORMAL AGENDA of today (5 October 1981), are Resolutions for Council's approval authorizing the City Manager to sign various contracts on water. The City Manager advised that for over a year, he, the City Attorney, and the Director of Public Utilities have negotiated with officials of the Cities of Norfolk and Suffolk in order to settle legal disputes between these two communities and also to modify our existing contract with the City of Norfolk to enable us to transport water from sources other than those presently owned by the City of Norfolk through Norfolk's system. The contracts in the Agenda provide: 1. Water from wells that we successfully con- structed in Suffolk, Isle of Wight, and Southampton may be transported through Norfolk's water system. 2. Any other additional water source we acquire could be transported through Norfolk's water system. 3. The City of Virginia Beach will agree to pay approximately 60% of the legal fees presently incurred by Norfolk against Suffolk. 4. Virginia Beach will pay for the water Norfolk purchased from the City of Suffolk during the most recent drought from wells known as the "City farm wells." 5. Virginia Beach will agree to mitigate damages to property owners surrounding the wells now owned by Norfolk in Suffolk when the water from such wells is to be used for Virginia Beach's purposes. 6. Virginia Beach will pay to the City of Suffolk 15cts per 1,000 gallons for tbe first five years of water pumped from wells we constructed in Suffolk that are now owned by Suffolk and 17.5cts for the second five years. Our present contract with Suffolk has rates of 15cts and 20cts, respectively, on wells we constructed in their City. The amendment covers not only wells we constructed, but the existing wells owned by Norfolk in Suffolk. However, we will not have to pay more than a charge for eight million gallons a day for all of the wells in Suffolk beiiig pumped. 7. Finally, Suffolk has agreed to allow. Norfolk to construct the very vital 48-inch line necessary to carry water from the western reservoirs to Virginia Beach the next ten years. 5- ORDINANCE/WAGE AND SALARY ITEM #17215 The City Manager advised he will present to Council for their consideration the Ordinance pertaining to wage and salary and variable merit increases as the City wishes to establish equitable evaluation for all City employees. This matter will be placed on the FORMAL AGENDA of October 12, 1981. RESORT PARKING COMMITTEE ITEM #17216 The City Manager requested City Council to,adopt the recommendations of the RESORT AREA PARKING COMMITTEE: 1. Remove all parking from Atlantic Avenue except in Loop area. 2. Install left-turn storage l@nes, 3 . -Refine signage. 4. Install lead green at all West,.turn lights. 5. Provide police and traffic conirol as necessary. 6. Provide two-way traffic at 19th and Atlantic and signalization. 7. Improve 9th Street through eo Birdneck Road. 8. If left-turn storage lanes do not prove to be sufficient, then signalization should be increased. 9. Unlimited loading zones on Atlantic from midnight to 1:00 p.m. 10. Beautification - water, sewer, electric and telephone lines to be placed underground on following schedule: Design - 1981-82 Bid - 1982-83 Construction - 1983-84 The Committee was comprised of: Councilman Cldrence A. Holland, M.D. Councilman W. H. Kitchin, III George L. Hanbury, City,Manager C. Oral Lambert, Jr., Diiector of Public Works John W. Herzke, Traffic Engineer 6- SIMULTANEOUS ADVERTISING ITEM #17217 Tbe City Manager advised Council of the request of W. Deane Williams for simul@taneous advertising of his application for a subdivision variance, as the sales contract states "full settlement no later than November 17, 1981." The residents in Baylake Pines are to be notified if and when this application is expedited. It was tbe consensus of Council that this matter be placed on the FORMAL AGENDA under NEW BUSINESS for their consideration. BOIJNDARY CHANGES ITEM #17218 The City Manager advised be has received several calls coilcerning the Resolution requesting the City of Chesapeake to agree to a boundary change that would place tbe entire subdivision of Queen City within the City of Virginia Beach; AND, the Resolution advising that the City of Virginia Beach agrees to proposed boundary changes, provided that Woods Corner Associates, Ltd., pays all costs involved in such boundary change. Maps indicating current and proposed boundary lines were distributed to Cit@ Council. COMMUNITY DEVELOPMENT COMMITTEE ITEM #17219 Councilwoman Henley requested an INFORMAL BRIEFING SESSION with Community Development to answer questions on rehabilitation of homes, funds that are available, etc. City Council RECESSED into EXECUTIVE SESSION, (1:15 p.m.) 7- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 5 October 1981 2:18 p.m. Council Members Present: John A. BAUN E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, Ill, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D. D. S., Meyera E. Oberndorf, and Patrick L. .Standing Council Members Absent: F. Reid Ervin, and Clarence A. Holland, M.D.* INVOCATION: Reverend Robert E. Frield Wesleyan Acres 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 #17220 Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Council voted to APPROVE the Minutes of the Regular Meeting of September 28, 1981. Voting: 8-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: Meyera E. Oberndorf Council Members Absent: F. Reid Ervin, and Clarence A. Holland, M.D.* *COUNCILMAN HOLLAND ENTERED MEETING AT 2:31 p.m. - 9- R E S 0 .L U T I 0 N S ITEM II-E.1 ITEM #17221 Upon motion by Councilman Baum, seconded by Vice Mayor Heischober, City Council voted to ADOPT the Resolution of Appreciation and present same to Councilmin Clarence A. Holland, King Neptune VIII. Voting: 9-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorfi and Patrick L. Standing Council Members Voting Nay: None Council Members NOT VOTING: Clarence A. Holland Council Members Absent: F. Reid Ervin I 0 - RESOLUTION OF APPRECIATION WHEREAS, the City Councit is the gove,%ning body o6 the City o6 Vitginia Beach, WHEREAS, the setection oi King Neptune btought ,toya-e @avot to the Vitginia Beach City CounciE, WHEREAS, Cfa4ence A. Hottand, a-6 mif-itaty Zine o66ice,t, ze4ved hiz enti4e ca)Leet in Tidewate)L Vi)Lginia; by vittue o6 hiz medicat pto@ez,6ion, is a .6e4vant to the peopte oi Vi&ginia Beach a,6 theit phyzician; by choice o6 hi6 co-e-eeagues, 6etved the peopte a.6 Mayo,% 1976-1978; and, by accepting hiz toyat ctown az King Neptune, haz tobed him,6eti in honot and zpeendot zetving the citizenz o6 ViAginia Beach and att o6 Tidewate)L Vitginia. NOW, THEREFORE, BE IT RESOLVED: That the Vitginia Beach City Counci-e tecognizes Ctatence A. HofEand, M.D., a-6 "King o6 the Roozt", payz ttibute to hiz dedication and unzet6i.sh 6etvice to the citizen,6 o6 the City o6 Vitginia Beach. Given undet my hand and 6eat, thiz Fi6th day o6 Octobe)L, Nineteen Hund4ed and Eighty-One. Mayo,t, City oi Vitginia Beach ITEM II-E.2 ITEM #17222 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold.the recommendation of the City-Manager and ADOPT the Resolution authorizing the City Manager to L-xecute an Agreement of Amendment to the Norfolk Water Contract; AND, the Resolution authorizing the City Manager to execute the First Supplemental Agreement to the Suffolk Water Contract. Voting: 10-0 Council Members Voting Aye: John A. Baun6 E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Hollaid, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standi,,g Council Members Voting Nay: None Council Members Absent: F. Reid Ervin -1 2- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the Fifth day of October 1981. On motion bv Councilman Standing and seconded by Councilman HollitnA the following-Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, The Cities of Norfolk and Suffolk are involved in pending litigation relating to water rights involving Norfolk water resources and facilities located in Suffolk; and WHEREAS, The City of Virginia Beach has a vital interest in the outcome of such litigation; and WHEREAS, it would be in the best interest of Virginia Beach for the current litigation to be resolved; and WHEREAS, a proposed settlement agreement has been negotiated to dispose of the existing law suits; and WHEREAS, the terms of such settlement require an amendment to the existinq Water Supply Agreement between the City of Virginia Beach and Norfolk. NOW, THEREFORE, BC IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and he hereby is, authorized to execute the attached Agreement of Amendment to the Norfolk Water Contract. This authorization is expressly subject to approval by the City Attorney of the form of the court orders dismissing the litigation related thereto. Adopted by the Council of the City of Virginia Beach, Virginia, on 5 October 1981 RHM/da 9/29/81 (1) -1 3- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Build-ing, on the Fifth day of October , 1981. On motion by Councilman Standing and seconded by Councilman Holl- Resolution was adopte R E S 0 L U T I 0 N WHEREAS, The Cities of Norfolk and Suffolk are involved in Pending litigation relating to water rights involving Norfolk water resources and facilities located in Suffolk; and WHEREAS, The City of VirginiA Beach has a vital interest in the outcome of such litigation; and WHEREAS, it would be in the best interest of Virginia Beach for the current litigation to be resolved; and WHEREAS, a proposed settlement agreement has been negotiated to dispose of the existing law suits; and WHEREAS, the terms of such settlement require an amendment to the existing Water Supply Agreement between the City of Virginia Beach and Suffolk. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and he hereby is, authorized to execute the attached First Supplemental Agreement to the Suffolk Water Contract. This authorization is expressly subject to approval by the City Attorney of the form of the court orders dismissing the litigation related thereto. Adopted by the Council of the City of Virginia Beach, Virginia, on 5 October 1981 RHM/da 9/29/81 -1 4- ITEM II-E.3 ITEM #17223 Upon motion by Councilman Buchanan, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution concurring with the inducement Resolution adopted by the City of Chesapeake Industrial Development Authority on March 4, 1981, in the amount of $5,000,000 in connection with the issuance of Industrial Development Revenue Bonds to finance the construction of certain facilities and the acquisition of equipment in connection with the operation of the WCPK and WNRN Radio Stations by Payne of Virginia, Inc. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Bucbanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchi@ 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: F. Reid Ervin A meeting of the Council of the City of Virginia.Beach Virginia, was held in the Council Chambers, in the Administrationt Building, on thefifth day of October 1981. On motion by Councilman Buchanan and seconded by Councilman Sta he following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, Payne of Virginia, Inc., plans to construct certain facilities in the City of Chesapeake, Virginia, in connection with the operation of WCPK Radio Station; and WHEREAS, Payne of Virginia, Inc., also plans to construct and equip a radio station facility in Virginia Beach to be known as WNRN; and WHEREAS, the City of Chesapeake Industrial Development Authority adopted an inducement resolution on March 4, 1981,in the amount of $5,000,000 to finance the construction of the facilities to be located in the cities of Chesapeake and Virginia Beach; and WHEREAS, the financing of the facility to be located in virginia Beach requires the concurrence of the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach has determined that the location of the WNRN facilities in the City of VirginiA Beach will be beneficial to the City of Virginia Beach. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY Or VIRGINIA BEACH, VIRGINIA: That City Council hereby concurs with the inducement resolution adopted by the City of Chesapeake Industrial Development Authority on March 4, 1981, in the amount of $5,000,000 in connection with the issuance of industrial development revenue bonds to finance the construction of certain facilities and the acquisition of equip- ment in connection with the operation of the WCPK and WNRN Radio Stations by Payne of Virgi nia, Inc. Adopted by the Council of the City of VirginiaBeach, Virginia, on 5 octo@er 1981 APPRCVED AS TO CONTENT siGNATURE CKS/cj 9/23/81 -1 6- ITEM II-E.4 ITEM #17224 Upon motion by Councilman Buchanan, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the City Manager and City Clerk to execute a certain agreement between the United States of America and the City of Virginia Beach, Virginia; AND, the Ordinance to authorize the acquisition of property in fee simple for Lynnhaven Inlet, Bay and Connecting Waters Maintenance Dredging Project and the acquisition of necessary temporary and permanent easements either by agreement or by condemnation. Voting: 8- 2 Council Members Voting Aye: John A. Baum, E. T. Buchanan, 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 Patrick L. Standing Council Members Voting Nay: Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: F. Reid Ervin 1 7- Requested by City Manager/Public Works A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VIRGINIA BEACH, VIRGINIA RESOLUTION 'VIHEREAS, the construction of the Lynnhaven Inlet, Bay and Connecting Waters, Virginia Project was authorized by the River and Harbor Act of 1962, approved October 23, 1962, and WHEREAS, in connection with the Project the City of Virginia Beach is required to furnish non-federal cooperation required by Federal legislation (Public Law 87-874) as per the attached agreement, marked "Exhibit A", titled "Agreement Between The United States of America And The City of Virginia Beach, Virginia For Local Cooperation At Lynnhaven Inlet, Bay And Connecting Waters, Virginia". NOW, THEPEFORE, BE IT RESOLVED BY THE COUliCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager and the City Clerk are hereby authorized to execute the document attached and marked "Exhibit A." Adopted by the Council of the City of Virginia Beach, Virginia, this 5 day of October 1981. JAR:sj 9/22/81 46S l'O CONTRNT t Ip Requested by City Manager/Public Works 18- AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR LYNNHAVEN INLET, BAY AND CONNECTING WATERS MAINTENANCE DREDGING PROJECT AND THE ACQUISITION -OF NECESSARY TEMPORARY AND PERMANENT EASEMENTS EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the construction of this important project for public purposes for the preservation of the safety, health, peace, good order, convenience, morale and welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-236, et seq., 15.1-898, et seq. and 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple including necessary temporary and pemanent easements as shown on the shaded area on the plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM ADKIN K. WOODWARD, GEORGE E. LANGLEY, F. WAYNE McLESKEY, ROBERT A.LAWSON, JR., NANCY B. LAWSON, JOHN J. DIGGES, and MARY B. DIGGES," dated July 21, 1981, Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, plus and in ad6ition all accretion of land thereto, and in addition thereto all of the interest in Lynnhaven Promenade and Piedmont Circle as shown on said plat, this plat being on file in the Public Works Department, Engineering Division, Municipal Center, Virginia Beach, Virginia; plus and in addition thereto Lots 1 and 2, Block 2, Ocean Park Sec. "A", Lots I through 13, Block 6, Ocean Park Sec. "DII, M.B. 5, P. 197; Lot 1, Block 4 and Lots 5 and 6, Block 3, Ocean Park Sec. "A", M.B. 5, P. 69, said plats being of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; plus and in addition thereto any right of interest, partial or complete, in aiid to any oyster bottoms, oyster-planting grounds or interest therein deemed necessary for the purpose of this project as shown on that certain plat composed of five separate sheets entitled: "VIRGINIA BEACH, VA LYNNHAVEN INLET, BAY AND CONNECTING WATERS PROJECT CONDITION SURVEY OF AUGUST 1979-JANUARY 1980," dated March 14, 1980, Department cf the Amy, Norfolk District Corps of Engineers, Norfolk, Virginia, said plat being on file in the Engineering Division, Department of Public Works of the City of Virginia Beach. Section 2. That 6he City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authoriz6d to institute proceedings to condemn said property and interest therein. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 day of October 1981 . JAR: kg/re 8/12/81 8/28/81 9/29/81 IAPPP L C',Y-D AS I'Ci SIGNA!jP,E DEPARTMI'NT AS TO FiDP...! CITY A,RTORNEY - 20- "EXHIBIT A" AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VIRGINIA BEACH, VIRGINIA FOR LOCAL COOPERATION AT LYNNHAVEN INLET, BAY AND CONNECTING WATERS, VIRGINIA THIS AGREEMENT entered into this day of 19-1 by and between the UNITED STATES OF AMERICA (hereinafter called the "Government"), represented by the Contracting Officer executing this agreement, and the CITY OF VIRGINIA BEACH, VIRGINIA, a Municipal Corporation, (hereinafter called the "City"); WITNESSETH THAT: WHEREAS, construction of the Lynnhaven Inlet, Bay and Connecting Waters, Virginia Project (hereinafter called the "Project"), was authorized by the River and Harbor Act of 1962, approved October 23, 1962, (Public Law 87-874, 87th Congress, 2nd Session); and, WHEREAS, the City hereby represents that it has the authority and capability to furnish the non-Federal cooperation required by the Federal legislation authorizing the Project and by other applicable law; and, WHEREAS, the City has contributed in cash 15 percent of the first cost of construction as required by tbe authorizing legislation. NOW, THEREFORE, the parties agree as follows: 1. The City agrees that, upon notification that the Government will commence construction of the Lynnhaven Inlet, Bay and Connecting Waters, Virginia Project substantially in accordance with Federal legislation authorizing such Project, Section 101 of the River and Harbor Act of 1962, the City shall, in consideration of the Government commencing construction of such Project, fulfill the remaining requirements of non-Federal cooperation specified in such legislation, to-wit: 21- (a) Provide without cost to the United States all lands, easements, and rights-of-way required for construction and subsequent maintenance of the improvements and for aids to navigation upon the request of the Chief of Engineers, including suitable areas determined by the Chief of Engineers to be required in the general public interest for initial and subsequent disposal of spoil and necessary retaining dikes, bulkheads, and embankments therefor or the cost of such retaining works. (b) Hold and save the United States free from damages, including shellfish interests, due to the construction, operation and maintenance of the Project except where such damages are due to the fault or negligence of the United States or its contractors. (c) Secure releases for damages from shellfish interests to permit the Corps of Engineers to accomplish the initial dredging and the subsequent maintenance, when and as required. (d) Provide and maintain, without cost to the United States, a marina for the use of recreational and sport-fishing craft, such facilities to include at least 400 feet of berthing space with adequate shore and water access thereto, and with such services as may be required for full utilization of the improveme'nt by the public on equal terms. (e) Provide and maintain, without cost to the United States, a public terminal for commercial vessels, including those operated by commercial fishermen, oystermen, clammers, and crabbers, such facilities to include at least 300 feet of berthing space with adequate shore and water access thereto, and with such services as may be required for full utilization of the improvement by the public on equal terms. (f) Assure the control of pollution in the waters of Lynnhaven Bay and its Eastern and Western Branches, Long Preek, Broad Bay, and Linkhorn Bay. 2 2- (g) Establish a competent and properly constituted public body empowered to regulate the use, growth, and free development of the harbor facilities with the understanding that the facilities will be open to all on equal terms. (h) The City in acquiring lands, easements, rights-of-way, and spoil disposal areas for Project construction, operation, and maintenance will comply with the provisions of the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970", Public Law 91-646 approved January 2, 1971. (i) The City will comply with Section 601 of Title VI of the Civic Rights Act of 1964 (Public Law 88-352), to-wit: that no person sball be excluded from participation in, denied the benefits of or subjected to discrimination in connection with this Project on the grounds of race, color, or national origin. (2) The City hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon land which it owns or controls, for access to the Project for the purpose of inspection, and for the purpose of completing, operating, repairing, and maintaining the Project, if such inspection shows that the City for any reason is failing to complete, operate, repair and maintain the Project in accordance with the assurances hereunder and has persisted in such failure after a reasonable notice in writing by the Government delivered to the City Manager. No completion, operation, repair and maintenance by the Government in such event shall operate to relieve the City of responsibility to meet its obligations as set forth in Paragraph I of the Agreement, or to preclude the Government from pursuing any other remedy at law or equity. 2 3- IN WITNESS WHEREOF, the parties hereto have executed this contraet as of the day and year above written. J. UNFINISHED BUSINESS THE UNITED STATES OF AMERICA THE CITY OF VIRG+/-NIA BEACH, VIRGINIA BY BY: Colonel, Corps of Engineers City Manager Commander and District Engineer U. S. Army Engineer District, Norfolk Contracting Officer FOR THE SECRETARY OF THE ARMY Date: Date: APPROVED as Legally Sufficient By: District Counsel CERTIFICATE OF AUTHORITY 1, do hereby certify that I am the City Attorney for the City of Virginia Beach, Virginia, that the City of Virginia Beach, Virginia, is a legally constituted public body with full authority and legal capability to perform the terms of the agreement between the United States of America and the City of Virginia Beach, Virginia, in connection with the Lynnhaven Inlet, Bay and Connecting Waters, Virginia Project, and to pay damages, if necessary, in the event of the failure to perform in accordance with Section 221 of Public Law 91-611 and that the person who has executed the contract on behalf of the City of Virginia Beach, Virginia, has acted within his statutory authority. IN WITNESS WHEREOF, I have made and executed this Certificate this day of 19 City Attorney - 2 4- ITEM II-E.5 ITEM #17225 Upon motion by Councilman Standing, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution requesting the City of Chesapeake to agree to a boundary change that would place the entire subdivision of Queen City within the City of Virginia Beach; AND, the Resolution whereby the City of Virginia Beacb agrees to proposed boundary changes provided that Woods Corner Associates, Ltd., pays all costs involved with such boundary change, and requesting the City of Chesapeake to concur with this boundary change. Voting: 10-0 Council Members Voting Aye: John A. Baun6 E. T. Buchanan, 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: F. Reid Ervin 25- REQUESTED BY: CITY MANAGER/TRC- R E S 0 L U T I 0 N WHEREAS, the subdivision known as Queen City is located along the virginia Beach/Chesapeake boundary, two- thirds of which is in the City of Virginia Beach, and one- third of which is in the City of Chesapeake; and IqHEREAS, Queen City has been designated as a Community Development Target Area by the virginia Beach City Council and the Citizens Advisory Council of the Office of Community Development; and WHEREAS, proposed improvements to the subdivision include the installation of sewer, water, streets, and drainage; and WHEREAS, it has been determined to be economically feasible and highly desirable to serve all of the subdivision of Queen City with this Community Development project and not just that portion which lies within the City of Virginia Beach; and WHEREAS, the wate.r contract between the City of Virginia Beach and the City of Norfolk, prevents Virginia Beach from providing water,service outside its boundary. NOW, THEREFORE,' BE 1-@ RESOLVED by the Council of the City of Virginia Beach that the Council of the City of Chesapeake is hereby requested to agree to a boundary change that would place the ent.ire subdivision of Queen City within the City of Virginia Beach. This would involve approximately 3.2-acres of land currently in the City of Chesapeake, which could be offset by similar boundary adjustments elsewhere. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of October, 1981. 10/5/81 26- REQUESTED BY,: CITY MANAGER/IRC R E S 0 L U T I 0 N WHEREAS, Woods Corner Associates, Ltd. purchased approximately 11.5-acres of land adjacent to Centerville Turnpike which was shown on the land records of the City of Virginia Beach as being located within the City of Virginia Beach; and WHEREAS, taxes had been assessed and collected by the City of Virginia Beach on this property at all times prior to its acquisition by Woods Corner Associates, Ltd.1, and WHEREAS, it was subsequently determined that the boundary line between virginia Beach and Chesapeake ran through this property and approximately 9.5-acres of the parcel were, in fact, located in the City of Chesapeake; and WHEREAS, to develop this property, all access, utilities, and municipal services must be provided from the City of virg@inia Beach because these services are not avail- able from the City of Chesapeake and there is a large drainage ditch south of the property; and WHEREAS, Woods Corner Associates, Ltd. has determined that in order to solve their development problems, the boundary between the City of Virginia Beach and the City of Chesapeake should be relocated to include approximately 9.5-acres of this parcel in the City of Virginia Beach; and WHEREAS, the owner of undeveloped property within Virginia Beach adjacent to Kempsville Road at the boundary with the City of Chesapeake has agreed to a relocation of the city boundary which would place approximately 9.5-acres of his property into the City of Chesapeake. NOW, THERE-FORE, BE IT RESOLVED by the Council of the City of Virginia Beach that these proposed boundary changes 10/5/81 2 7- are agreed to provided that Woods Corner Associates, Ltd. pays ,all cbsts involved with such boundary change; and BE IT FURTHER RESOLVED that the City Council of the City of Chesapeake is hereby requested to concur with this boundary change. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of October, 1981 j"- T.) 10/5/81 2 8- ITEM ii-E.6 ITEM #17226 Upon motion by Councilman Standing, seconded by Councilman Baum, City Council voted to uphold the recommendation of tbe City Manager and ADOPT the Resolution allowing charge-offs within several City departments as uncollectible accounts. Voting: 8- 2 Council Members Voting Aye: John A. Baum, E. T. Buchanan, 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 Patrick L. Standing Council Members Voting Nay: Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: F. Reid Ervin 2 9- 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 $90,939.81 are deemed to be uncollectible: Public Utilities: Water usage/Sewer maintenance bills $81,979.02 Main extensions 3,580.06 Mental Health and Mental Retardation 2,044.71 Data Processing 3,336.02 Total amount to be charged-off $90,939.81 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $90, 939. 81 be charged-off as uncollectible accounts and removed from the City's records. This Resolution shall be effective from the date of adoption. Adopted: 5 October 1981 - 30 - C 0 N S E N T A G E N D A ITEM II-F.1 ITEM #17227 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the following Raffle Permits: Raffle Princess Anne Women's Club of Virginia Beach Raffle Virginia Recreation and Parks Society Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanar4 Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin, IIT, 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: F. Reid Ervin - 31- ITEM II-F.2 ITEM #17228 Upon motion by Councilman Standing, seconded by Councilman Holland, 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 $2,904.67. Voting: 10-0 Council Members Voting Aye: John A. Ba@ E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitcbin, 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: F. Reid Ervin P.. NO. C.A. 7 - 32- 9/9/81 EF@IC AN ORDINANCE AUTHORIZING TAX REFUNDS Upo@.',.l AIIDPLICA'TION OF CERT'IN PEPSONS 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: I NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Year of Tax Number tion No. Paid Broad Say Properties Inc 81 RE 9085-1 (1/2) 12/5/80 3.69 Hewlett Packard Company 81 pp 55522 6/5/81 2,734.56 Harold F Riggs 81 RE 63559-5 (1/2) 11/28/80 62.06 Harold F Riggs 81 RE 63559-5 (2/2) 5/5/81 62.06 Coy Cooke 77 RE 13385-6 (6mo) 5/9/79 9.57 Coy Cooke 78 RE 14109-8 (1/2) 2/3/78 8.57 Coy Cooke 78 RE 14109-8 (2/2) 6/1/78 8.16 C@y Cooke 79 RE 14569-0 (1/2) 10/27/78 8.00 Coy Cooke 79 RE 14569-0 (2/2) 5/9/79 8.00 Total 2,904.67 Th's oidirance s@.all be effective from date of adoption-. The above abatemort(s) totaling Certnied as to pay $ 2. 10-4 @Z-- were apr)roved by the. Cotir,.cil of the Ci!y of Virginia @,a@@ on the 5 day of @ct@er. Jotilt T. Alkirisoii, Treasurer ApDrc,/ed as !o four.: Ruth Hodges Smith CitY 'Llerk /Alloi Dey - 3 3- ITEM II-F.3 ITEM #17229 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the Commissioner of the Revenue for license refunds in the amount of $178.75. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanart, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 34- AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON AP@DLICATION OF CERTAIN PERS017S AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE-IT ORDAINED BY THE COUNCIL OF THE CITY bF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE NA@IE ... YEAR PAID BASE PENALTY INT. TOTAL Marriott Corp. 81-82 Sept. 17,1981 178.75 1 Marriott Dr. Washington, D. C. 20058 T/A H S & J's Sandwich Shop SEP l@31 L 1.1, W Certified as to Payiiient: Ivah D. Mapp, 1 1 Commissioner of Revenue Approved as to form: son ey The above abatement(s) totaling $ 178.75 were approved by the council of the City 6f Virqinia B6ach on the Fifth day of October 19 81 Ruth Hodges Smith City Clerk - 35- P L A N N I N G A G E N D A ITEM II-G.1 ITEM #17230 Attorney Robert L. Simpson, Jr., appeared in behalf of the applicant. Attorney Edward Hudgins, represented Mrs. Wineski; appeared in opposition and presented petitions to Council, copies of which will be made a part of these proceedings. Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of I. REESE SMITH for a Change of Zoning District Classification, subject to the recommended conditions transmitted in the City Manager's letter, as follows: ORDINANCE UPON APPLICATION OF 1. REESE Z01081604 SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT BE IT ORDAINED BY THE COUNCIL OF TBE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of I. Reese Smith for a Change of Zoning District Classification from R-5 Residen@ial District to 0-1 Office District on certain property lo- cated on the North side of Potters Road beginning at a point 506 feet more or less East of Wesley Drive, rtmning a distance of 548.48 feet along the North side of Potters Road, running a distance of 480.32 feet along the Western property line, running a distance of 82.44 feet along the Northern property line (South side of the Virginia Beach Toll Road), and running a distance of 560.76 feet along the Western property line. Said parcel contains 2.9 acre*. VIRGINIA BEACH BOROUGH. Approval is subject to the following provisions in conjtmction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A buffer is to be provided along the Eastern property line. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of October, 1981. *Part of the 2.9 acres is a drainage field. 3 6- Voting: 6- 4 Council Members Voting Aye: John A. BAWN E. T. Buchanan, Vice Mayor Harold Heischober, Clarence A. Holland, M.D., Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. oberndorf Council Members Absent: F. Reid Ervin 3 7- C I T Y C 0 D E A M B N'D M E N T S ITEM II-H.l.a ITEM #17231 THE ORDINANCES (II-H.l.a/b and II-H.2.a) AND THE LOW BID (II-H.3.a) WERE VOTED ON BY ONE MOTION IN THE FORM LISTED. Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend Section 18-93, 18-94, 18-95 and 18-96 of the Code of the City of Virginia Beach pertaining to peddlers generally. Voting: 10-0 Council Members Voting Aye: John A. Baui% E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanau, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 3 8- AN ORDINANCE TO AMENB SECTIONS 18-93, 18-94, 18-95, AITD 18-96 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO PEDDLERS GENERALLY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 18-93, 18-94, 18-95, and 18-96 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 18-93. Peddlers generally. (a) Every person peddling goods, wares, merchandise or products of any description, except as in this chapter otherwise provided, shall pay an license tax of of-a-week $50.00. (b) A license, the tax for which is established in this section, shall not be transferable. Section 18-94. Peddlers of bottled drinks, hot dogs and wrapped sandwiches. (a) Every person peddling bottled soft drinks, hot dogs and wrapped sandwiches from a cart, wagon, truck, automobile, basket or tray shall pay a license tax of $50.00. Such tax shall not be prorated and the license shall not be transferable. (b) When articles referred to in subsection (a) above are peddled along with the articles specified in sections 18-95 and 18-96 and the license tax imposed by this section is paid, the person paying such tax shall not be required to pay, in addition thereto, the license taxes imposed by sections 18-95 and 18-96. (c) No license shall be issued under this section, unless the applicant holds a permit from. the director of public health. If the director of public health refuses to issue such permit, he shall notify the applicant, in writing, of his reasons 3 9- there'for and the applicant may appeal such refusal to the city cou.ncil within thirty (30) days from the date of such notice. Section 18-95. Peddlers of ice cream, candy, etc., from vehicles. (a) Every person peddling ice cream and other ice confectioneries, candies and confections from vehicles on the streets of the city shall pay a license tax of $50-00 (b) No person licensed under this section shall sell, or offer for sale, ice cream and other ice confectioneries, candies and confections, unless each operator covered by such license has obtained a permit from the chief of police. If the chief of police refuses to issue such permit, he shall notify the applicant, in writing, of his reasons therefor and the applicant may appeal such refusal to the city council within thirty days from the date of such notice. Section 18-96. Peddlers of market produce, coal, wood, ice, fresh meat, fruit, seafood or nuts-Generally. (a) Except as otherwise provided in this article, every person peddling market produce, coal, wood, ice, fresh meats, fruits, seafoods or nuts, when sold from carts, drays, wagons, automobiles, trucks or pushcarts or other hand-propelled vehicles, shall pay a license tax of $50.00 -EaL.-eeeh-stieh .a-l-.ieense-tam No such license tax shall be prorated and the license shall not be transferable. (b) The commissioner of revenue shall issue to each applicant for a license under this section a tag or -2- - 40- sign bf a size and design to be selected by the commissioner of reve.nue, suitable to be displayed on the peddler's wagon, cart or Nov ------ 19 ----- -reveptueT-5eitable-te-be (-el@ (c) Any tag or sign issued under this section shall be affixed and displayed by the owner on the left-hand side of his cart, wagon, dray, automobile, truck, pushcart or other vehicle, on the outside thereof and in a conspicuous place, so that the same may be readily seen at all times by anyone authorized to inspect the same. +e+ (d) A permit from the city sealer of weights and measures is required when any of the articles referred to in this section are sold by weight. This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, virginia, on the 5 day of October 1981. MES/re 9/1/81 9/10/81 9/154/81 (1981-E) TO CONTL'4" S;Gt4ATU,'(E -3- - 41- ITEM II-H.l.b ITEM #17232 Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance authorizing certain events conducted on City property to be exempt from the prohibition from working or transacting business on Sunday. Voting: 10-0 Council Members Voting Aye: John A. Bau@ E. T. Buchanan, 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: F. Reid Ervin - 4 2- REQUESTED BY: CITY MANAGER/IRC AN ORDINANCE AUTHORIZING CERTAIN EVENTS CONDUCTED ON CITY PROPERTY TO BE EXEMPT FROM THE PROHIBITION FROM WORKING OR TRANSACTING BUSINESS ON SUNDAY WHEREAS, Section 18.2, Code of Virginia (1950) as amended, requires the City Council of the City of Virginia Beach to designate on a case-by-case basis the events which are exempt from working or transacting business on Sundays; and WHEREAS, the following City property has been designated by the Council of the City of Virginia Beach for the following dates, as the site for the followinq events: .Date City Property Event November 1, 1981 Pavilion coin & Gun Collectors Show April 25, 1982 Pavilion Virqinia-Carolinals Computer Show & office Equipment Expo. June 27, 1982 Pavilion Antique Flea Market July 11, 1982 Pavilion Coin & Gun Collectors Show July 18, 1982 Pavilion Beta Sigma Phi Crafts Show August 29, 1982 Pavilion Wildfowl Exposition November 7, 1982 Pavilion Tidewater Kennel Club Dog Show November 28, 1982 Pavilion Arts & Crafts Exposition BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above-mentioned events are exempt from the prohibition of working or transacting business on Sunday as provided by general law. That the City Clerk is directed to forward a certified copy of this Ordinance to the Commonwealth Attorney. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VI.RGINIA, on the 5 day of October 1981. ER/da 9/23/81 (misc) rc 4 3- ITEM II-H.2.a ITEM #17233 Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Council voted to upbold the recommendation of the City Manager and ADOPT ON FIRST READING the Ordinance for entering into contracts with the Soutbeastern Tidewater Area Manpower Authority to fund the City's CETA Employment Programs, and to appropriate these funds. Voting: 10-0 Council Members Voting Aye: ,John A. Baum, E. T. Buchanari, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchiri, 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: F. Reid Ervin 4 4- AN ORDINANCE FOR ENTERING INTO CONTRACTS WITH THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY TO FUND THE CITY'S CETA EMPLOYMENT PROGRAMS, AND TO APPROPRIATE THESE FUNDS WHEREAS, the City wishes to continue its CETA Employment Programs under the Comprehensive Employment and Training Act of 1973 (CETA) ; and, WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA) has issued new contract modifications for funding the City's CETA Pr ograms with funds from the U. S. Department of Labor (DOL). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager hereby be authorized to enter into contracts with STAMA in the amount of $198,966.00, and these funds are hereby appropriated for the purpose of funding the City's CETA Programs until their termination on September 30, 1981; and, That the appropriations be financed 100% by Federal Funds from DOL thru STAMA, with no local match required. FIRST READING: 5 October 1981 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981. 4 5- ITEM II-H.3.a ITEM #17234 The following bids have been received for the 1981-82 Bituminous Concrete Maintenance Schedule "B" Program: APAC-Virginia, Inc. (formerly Warren Brothers) $347,811.80 Rea Construction Company $ 3 92, 125.90 Asphalt Roads & Materials Co. $396,744.29 Contractors Paving Company, Inc. $398,546.85 Ames & Webb, Inc. $432,311.34 Highway Division Estimate $370,000.00 Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of APAC-Virginia, Inc., (formerly Warren Brothers) in the amount of $347,811.80 for the 1981-82 Bituminous Concrete Maintenance Schedule "B" Program; and, authorized the City Manager to enter into the necessary agreements for the implementation of this project. It should be noted that the ACCEPTANCE of this bid is pending the resolution of any legal action underway by the City. Voting: 10-0 Council Members Voting Aye: John A. Batm E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Heury McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 4 6 A P P 0 I N T M E N T S ITEM II-1.1 ITEM #17235 Upon nomination by Councilman Holland, City Council voted to REAPPOINT Councilman F. Reid Ervin to the HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION for a term of two (2) years, beginning October 3, 1981, and ending October 2, 198-,. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanai4 Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 4 7- ITEM II-1.2 ITEM #17236 Upon nomination by Councilwoman Oberndorf, City Council voted to REAPPOINT the following to the HISTORICAL REVIEW BOARD for a term of two (2) years, beginning October 3, 1981 and ending October 2, 1983: Mrs. Florence K. Turner Mr. Michael B. Newbill Voting: 10-0 Council Member@ Voting Aye: John A. Ba@ E. T. Buchanar4 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: F. Reid Ervin 4 8- ITEM II-I.3 ITEM #17237 By consensus of Council reappointments to the BOARD OF PLUMBING AND MECHANICAL APPEALS was deferred. ITEM II-I.4 ITEM #17238 Upon nomination by Councilwoman Oberndorf, City Council voted to APPOINT Mr. John Herzke to the TRANSPORTATION SAFETY COMMISSION for a term of three (3) years, beginning November 1, 1981 and ending October 31, 1984; AND, REAPPOINT the following for terms of three years, beginning November 1, 1981 and ending October 31, 1984: Mrs. Lois Bostic Mr. Floyd E. Waterfield, Jr. Voting: 10-0 Council Members Voting Aye: John A. Baun6 E. T. Buchanari, 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: F. Reid Ervin 4 9- U N F I N I S H E D B U S I N E S S ITEM II-J.1 ITEM #17239 Upon motion by Vice Mayor Heischober, seconded by Councilman Standing, City Council voted to uphold the recommendations of the Committee on RESORT AREA PARKING, with an addition to item number ten (10) tho words "as a guide" included: RECOMMENDATIONS OF COMMITTEE ON RESORT AREA PARKING Councilman Clarence A. Holland, M.D. Councilman W. H. Kitchin, III George L. Hanbury, City Manager C. Oral Lambert, Jr., Director of Public Works John W. Herzke, Traffic Engineer 1. Remove all parking from Atlantic Avenue except in Loop area. 2. Install left-turn storage lanes. 3. Refine signage. 4. Install lead green at all West turn lights. 5. Provide police and traffic control as necessary. 6. Provide two-way traffic at 19th and Atlantic and signalization. 7. Improve 9th Street through to Birdneck Road. 8. If left-turn storage lanes do not prov6 to be sufficient, then signalization should be increased. 9. Unlimited loading zones on Atlantic Avenue from midnight to 1:00 P.M. 10. Beautification - water, sewer, electric and telephone lines to be placed underground on following schedule, AS A GUIDE: Design 1981-82 Bid 1982-83 Construction - 1983-84 50 - Vot ing: 10-0 Council Members Voting Aye: John A. Baun6 E. T. Buchanan, 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. Stariding Council Members Voting Nay: None Council Members Absent: F. Reid Ervin - 51- N B W B U S I N E S S ITEM II-K.1 ITEM #17240 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to EXPEDITE the application of W. DEANE WILLIAMS for a variance to the Subdivision Ordinance, (Bayside Borough), with the provisions that the Baylake Pines Civic League be notified by the City Clerk of the hearing. This matter will be heard by the Planning Commission November 10, 1981, and by City Council November 16, 1981. Voting: 10-0 Council Members Voting Aye: John A. Baui% E. T. Buchanan, 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:. F. Reid Ervin 5 2- ITEM II-K.2 ITEM #17241 Councilman Baum advised Council he telephoned Mr. Keffer, wbo is requesting Council to repeal the one percent'(l%) fuel oil tax, and informed him that the City Manager advised Council it was in the City's budget, $ 6 9, 000. Mr. John Keffer, 629 Maxwell Street, Chesapeake, Virginia, owns and operates Fuel Service, Incorporated, in Norfolk, Virginia. Mr. Keffer advised Council he has been in the fuel oil business for twenty years, before sales tax was placed on home heating fuel. He.feels the one percent (1%) tax on home heating fuel is unfair as it only applies to a segment of the population, the middle and lower income people who do not have natural gas or electric beat. This matter will be on a future INFORMAL AGENDA. ITEM II-K.3 ITEM #17242 Councilman Standing advised Council of a letter received from Mr. Caton concerning the application of Lynnhaven Colony Marina Corporation. The City Manager advised Council the appli-cation would be coming to Council on October 26, 1981, for renewal of the use permit to allow the expansion and amendment of the Marina. ITEM II-K.4 ITEM #17243 Councilman Baum discussed with Council variances in the rural areas, and the necessary requirements in the AG-1 and AG-2 Agricultural Districts. 5 3- A D J 0 U R N M E N T ITEM II-L.1 ITEM #17244 Upon motion by Councilman Standing, the meeting adjourned at 3:33 p.m. Diane M. Hickman, Deputy City Clerk Ruth Hodge. i@th, City Cler@ Mayor He Y, S. 0 City of Virginia Beach, Virginia 5 October 1981 dmh/isd