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HomeMy WebLinkAboutJUNE 1, 1981 MINUTES Cit@ C>f @ijr&ri@iek "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR J. HENRY McCOY JR., D.D.S., B.-Bb VICE-MAYOR HAROLD HEISCHOBER. A@ L.,g, JOHN A. BAUM, Bi-k..,,, B...gb E. T. BUCHANAN, Ly..b.-. B.@.gb F. REID ERVIN, A, L.,g. BARBARA M. HENLEY, P-,. S.@.gh CLARENCE A. HOLLAND, M.D., B.y.id, B...gb 4'. H. KITCHIN, 111. Vigi.i. B-,b B.-Sb REBA S. M@CLANAN. P@.c-. A... B.,-gb MEYERA E. OBERNDORF, A, L.,g, 212 CrrY HALL BUTLDINC PATRICK L. STANDING, A, L.,g, MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23436 RU7'H HODGES SMITH, Cily Cl.,* (804) 427-4303 CITY COUNCIL AGENDA I June 1981 ITEM I INFORMAL SESSION 12:30 p.m. A. TO ORDER - MAYOR J. HENRY MCCOY, JR., D.D.S. B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORKAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT 14ATTERS 1. Matters for discussion by Mayor. 2. Matteks for discussion by Council. ITEM II FORKAL SESSION - 2:00 p.m. A. INVOCATION. Reverend Clayton E. Crigger Pastor Saint Francis Episcopal Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. OATH OF OFFICE: E. T. Buchanan, Ph. D. Lynnhaven Borough D. ROLL CALL OF COUNCIL E. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of May 11, 1981. 2. Motion to accept/approve the Minutes of the Special Meeting of May 15, 1981. 3. Motion to accept/approve the Minutes of May 18, 1981. ITEM II E. RESOLUTIONS 1. Resolution in Memoriam - Captain Henry Capps r. CONSENT AGENDH 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 discusslon of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution supporting passage of legislation allowing local utility taxes as an itemized tax deducation. 2. Ordinance to authorize the acquisition of property in fee simple and necessary permanent and temporary ease- ments for Nanney's Creek Bridge replacement, either by agreement or by condemnation. 3. Ordinance to authorize the acquisition of property in fee simple for right-of-way for Newtown Road and Broad Meadows Boulevard and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. 4. Ordinance, on to accept a grant in the amount of $13,000 from the Department of Corrections, and to appropriate these funds. G. ORDINANCES 1. Street Closures a. Application of Edmund E. Garrett, Sr., Catherine Rosetta Garrett, Stanley John Rice and Lillie E. Rice for the closure of a portion of Gum Avenue (Kempsville Borough). This .47-acre parcel is lo- cated 175 feet nokth of Southern Boulevard and extends northward to the terminus of the street. 1. Letter from the City Manager transmits the recoimn@q,lation of the Planning Commission and the Viewers for b. Application of Edmund E. Garrett, Sr., Catherine Rosetta Garrett, Stanley John Rice and Lillie E. Rice for the closure of a portion of Gum Avenue (Yempsville Borough). This .24-acre parcel ex- tends 175 feet northward from Southern Boulevard. 1. Letter from the City Manager transmits the recommendation of the Planning Commission and the Viewers for approval. ITEM II G. ORDINANCES (continued) 1. Street Closures (continued) c. Application of Potters Road Investment Group, a Virginia Limited Partnership, for the ClOBure of a portion of Old Potters Road (Lynnhaven This .115-acre parcel is located between Potters Road Relocated and Wesley Drive (for-merly Old Potters Road). AND, an Ordinance declaring certain property at the intersection of Wesley Drive and Potters Road in the Lynnhaven Borough of the City of Virginia Beach excess and authorizing the City Manager to dispose of same. 1. Letter from the City Manager transmits the recommendation of the Planning Commission and the Viewers for 2. City Code Amendment a. Ordinance to amend and reordain Section 37-33, Chapter 37, (aB amended by Ordinance No. 1140) of the Code of the City of Virginia 13each re- lating to the water usage rates. H. APPOINTMENTS 1. Social Services Board 2. Southeastern Virginia Planning District Cormaission 3. Tidewater Community College 4. Tidewater Regional Grou,@ Hoiue Commission 5. Wetlands Board I. UNFINISHED BUSINESS 1. Tidewater Investment Properties, Inc. a. Consideration of applicant's request for Re- consideration. J. NEW BUSINESS K. ADJOURNMENT 1. Motion to Adjourn. I N F 0 R M A L B R I E F I N G S B S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 1 June 1981 The INFORMAL BRIEFING SESSION of the Honorable City Council was called to order by Mayor J. Henry McCoy, Jr., in the Conference Room, City Hall Building, on Monday, 1 June 1981, at 11:10 in the morning. Council Members Present: 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 Absent: John A. Bam% Clarence A. Holland, M.D.,* and Patrick L. Standing ITEM #16715 Mayor McCoy introduced Mr. Frank Mathews, Mosquito Control Commissioner for the Kempsville/Bayside District, who presented a report to Council concerning the Commission becoming a Division of the Department of Public Works. Mr. Mathews introduced the following Members of the Mosquito Control Commission: Stuart McCausland, Chairman of Commission Ernest L. Capps, Pungo/Blackwater District Harry Fruit, Kempsville/Bayside District Leon Johnson, Virginia Beach District Roland Dorer. Consultant The Mosquito Control Commission will meet with Council on June 15, 1981, (Informal Briefing Session), for further discussion of this matter. *COUNCILMAN HOLLAND ENTERED MEETI14G AT 11:25 p.m. *COUNCILMAN ELECT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia I June 1981 The Regular Meeting of the Council of the City of Virginia Beach was called to order by Mayor J. Henry McCoy, Jr., in the Conference Room, City Hall Building, on Monday, 1 June 1981, at 12:40 in the afternoon. Council Members Present: E. T. Buchanan,* F. Reid Ervin, 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 Absent: John A. Baum ITEM #16716 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discuss- ing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. (Personnel Matters). 2. Consultdtion with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). *COTJNCILMAN ELECT 2- Upon motion by Councilmah Ervin, seconded by Councilman Standing, City Council votid to recess into EXECUTIVE SESSION following the INFORMAL SESSIO14. Voting: 9-0 Council Members Voting Aye: P. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. E. 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 Abstaining: E. T. Buchanan, Councilman Elect Council Members Absent: John A. Baum - 3- M A T T E R S B Y T H E M A Y 0 R ITEM #16717 Mayor McCoy, speaking on behalf of the Council, welcomed Doctor Buchanan as a Member of City Council representing the Lynnhaven Borough. WELLS ITEM #16718 Mayor McCoy advised Council the f irst well began pumping this past weekend, (Saturday, May 30, 1981), and two more will begin pumping in two weeks. STUDY COMMITTEE ITEM #16719 Mayor McCoy advised Council of the request by the Planning Commission for the formation of a STUDY COMMITTEE to review the City's Cluster Development and Zero Lot Line Policies. The Committee will consist of: Councilwoman Barbara M. Henley Councilman Patrick L. Standing Robert J. Scott, Planning Director Two Members from the Planning Commission RESOLUTION/BORROW PITS ITEM #16720 Mayor McCoy made reference to a Resolution from tbe Council of Civic Organizations placed in Council's "For Your Information" concerning Borrow Pits. Richard J. Webbon spoke on this matter. The Mayor referred tbis Resolution to the City Attorney for study before Council's formal consideration of the matter. -4- ROBERT EPSTEIN ITEM #16721 Mayor McCoy advised Council of the request of Robert Epstein for reconsideration of his application due to problems with tbe setback requirements. This matter will be placed on the FORMAL AGENDA under UNFINISHED BUSINESS. MEAL TAX ITEM #16722 Mayor McCoy questioned the meal tax going into effect today, (J-une 1, 1981). The City Manager advised Council that for the City to receive a full year's tax it had to have the effective date of the tax June 1, 1981. LAKE AVALON ITEM #16723 Mayor McCoy advised Council of the problems with Lake Avalon Borrow Pit, and permitted the Homestead Civic League to present to Council a letter from the area Civic Leagues concerning this matter. M A T T E R S B Y C 0 U N C I L M E M B E R S PLAZA APARTMENTS ITEM #16724 Councilwoman McClanan requested from the City a report on the Plaza Apartment problems with regards to sewerage in the streets. The City Manager advised Council the report is for th@oming and will be presented upon the return of Michael Barrett. - 5- RUDEE INLET ITEM #16725 Councilman Standing advised Council of the complaints he has received from citizens in the area regarding the odors around Rudee inlet due to fish carcasses being thrown in the Inlet. Councilman Standing requested the City Manager to direct Refuse Collection to have more frequent trash collection in that area. AMUSEMENT TAX ITEM #16726 Councilman Standing advised of the complaints received from Charter Boat Captains regarding amusement tax being placed on their boats, as Charter Boats are taxed as personal property. TRASH ON BEACHES ITEM #16727 Councilman Ervin requested information from the City Manager concerning the beach cleaning equipment. The City Manager advised Council the equipment is in operation and on its summer schedule. I N F 0 R M A L A G E N D A COMMONWEALTH MAGAZINE ITEM #16728 The City Manager presented to Council an article from Commonwealth Magazine, by Deborah Marquardt, regarding the drought in the State of Virginia. City Council recess@d into EXECUTIVE SESSION, (1:00 p.m.) -6- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Council Members Present: E. T. Buchanan,* F. Reid Ervin, Vice Mayor liarold 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 Patrir-k L. Standing Council Members Absent: John A. Ba INVOCATION: Reverend Clayton E. Crigger Pastor Saint Francis Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA *COIINCILMAN ELECT - 7- 0 A T H 0 F 0 F F I C E ITEM #16729 J. Curtis Fruit administered the Oath of Office to E. T. Buchanan, as a member of the Virginia Beach City Council, representing the Lynnhaven Borough, to fill the unexpired term of Donald W. Merrick, June 30, 1982. M I N U T E S ITEM II-D.1/2/3 ITEM #16730 Upon motion by Councilman Holland, seconded by Councilman Kitchin, City Council voted to APPROVE the Minutes of the Regular meetings of May 11 and May 18, 1981 as corrected, (Item #16652, 5/11 AND 16695, 5/18); AND to APPROVE the Minutes of the Special meeting of May 15, 1981, as recor@.d. Voting: 8-0 Council Members Voting Aye: F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, M.D., W. R. 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 Abstaining: E. T. Buchanan, and Vice Mayor Harold Heischober Council Members Absent: John A. Baum -8- R E S 0 L U T I 0 N I N M E M 0 R I U M ITEM II-E.1 ITEM #16731 Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin, City Council voted to ADOPT the Resolution in Memorium to Captain Henry Capps and presented same to Mrs. Capps. Colonel W. W. Davis, Chief of Police spoke in behalf of Mrs. Capps. R E S 0 L U T I 0 N WHEREAS, On Ap)Lit 16, 1981, the community wa4 shocked and zaddened by the unexpected and untimety death oi Captain HeniLy Cappz 06 the Vitginia Beach Potice Depattment; and, @HEREAS, Captain Capp4 haz tende,%ed 28 yeat4 oi devoted Aetvice to the citizen4 a4 a Vitginia Beach Potice Ojjice)L; and, WHEREAS, Henty CappA waz hetd in the highezt ezteem 6y hiz 6amity, 6,tiendz, 4uboxdinatez, zupexiotz and the genetat citizen&y; and, WHEREAS, He zpent countte,6.6 hout.6 coun.6eting,.guiding, aiding and toving the youth o6 thiz City; and, WHEREAS, He pxomoted phyzicat 6itnezz to numetoua petzonz duxing hiz Zi6etime; and, WHEREAS, The tivez o6 att who came into contact with Henty Capp4 duxing hiz ti6etime we)te made xichet. NOW, THEREFORE, BE IT RESOLVED, that the Councit o6 the City o6 ViAginia Beach p)Loiidty, but 6adty-, hono,%z the memoty o6 Captain Henty Cappz Jo,% hiz dedication, hone6ty, indu.6t&iouznez.6, itiendZine.6.6 and compa.6.6ion. BE IT FURTHER RESOLVED, that the City Ctetk iA ditected to sptead a copy o6 tht'.6 Re.6o@ion on the Minute-6 o6 thi-6 day'A meeting. Adopted by the Vitginia Beach City Councit thiz Fi,%zt day June, Nineteen Hundted and Eighty-One. J. Henty McCoy, J&., D.D.S. Mayo,% City o6 Vi)tginia Beach Voting: 10 -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, 1II, Reba S. McClanar4 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 -10- C 0 N S E N T A G E N D A ITEM II-P.1 ITEM #16732 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution supporting passage of legislation allowing local utility taxes as an itemized tax deduction. Voting: 10-0 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:. Jobn A. Baum -11- R E S 0 L U T I 0 N WHEREAS, the Congress of the United States will soon consider a Bill, sponsored by Congressman G. William Whitehurst, H.R. 1459, to amend the Internal Revenue Code of 1954 to allow local utility taxes as an itemized deduction from individual federal income taxes; and, WHEREAS, most localities in Virginia, including the City of Virginia Beach, rely upon the utility taxes as a revenue source; and, WHEREAS, the Commonwealth of Virginia has put a limit on the utility tax and has threatened to eliminate it altogether; and, WHEREAS, all Virginians would benefit by being able to deduct utility taxes from their federal income taxes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT Congress is strongly encouraged to approve H.R. 1459 or similar legislation to provide for this tax deduction. BE IT FURTHER RESOLVED that the City Clerk is requested to forward a copy of this Resolution to each member of Congress representing the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the First day of June, 1981. -1 2- ITEM IT-F. 2 ITEM #16733 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize the acquisition of property in fee simple and necessary permanent and temporary easements for Nanney's Creek Bridge Replacement, either by agreement or by condemnation. voting: 10-0 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 3- AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE AND NECESSARY AND TEMPORARY EASEMENTS FOR NANNEY'S CREEK BRIDGE REPLACEMENT, EITHER BY AGREEMENT OR BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project to provide transportation facilities and for other 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 Sections 15.1-236, et seq., 15.1-898, and 15.1-89, et seq., Code of Virginia of 1950, as amended, all tbat certain property and permanent easements including temporary easements of right-of-way as shown on the plans: "Nanney's Creek Bridge Replacement C.I.P. 2-913," these plans or plats being on the file in the Office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made in 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 authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby dec@ared to exist and tbis 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 First day 6f June, 1981. -1 4- ITEM II-F.3 ITEM #16734 Upon'motion by Councilman Standing, seconded by Councilman Holland, City Cotincil voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize the acquisition of property in fee simple for right-of-way for Newtown Road and Broad Meadows Boulevard and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. Voting: 10-0 Council Members Voting Aye: E. T. Bucbanan, 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, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum -1 5- AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR NEWTOWN ROAD AND BROAD MEADOWS BOULEVARD AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-WAY, EITHER BY AGREEMENT OR BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project to provide transportation and for other 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., and Section 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple including temporary and permanent easements of right-of-way as shown on the plans entitled, "Newtown Road and Broad Meadows Boulevard," these plans being on file in the Office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made in behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having the interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. 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 tbe Council of the City of Virginia Beach, Virginia, on the First day of June, 1981 -1 6- ITEM II-F.4 ITEM #16735 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT the ordinance on SECOND READING to accept a Grant in the amount of $13,000 from the Department of Corrections, and to appropriate these funds. Voting: 10-0 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, Patrick L. Standing Council Members Voting Nay: None Council Membirs Absent: John A. Baum -1 7- ORDINANCE TO ACCEPT A GRANT IN THE AMOUNT OF $13,000 FROM THE DEPARTMENT OF CORRECTIONS, AND TO APPROPRIATE THESE FUNDS WHEREAS, the City of Virginia Beach wishes to maintain the Pendleton Child Service Center's day care shuttle service; and, WHEREAS, the State Department of Corrections has agreed to reimburse 100% of the purchase price of a 15-passenger van, not to exceed $13,000, and 100% of operating and maintenance costs of subject van. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the City Manager is hereby autborized to accept the award for the City and funds are hereby appropriated in the amount of $13,000 for the Pendleton Child Service Center; and, BE IT FURTHER ORDAINED that the appropriation will be financed by $13,000 estimated revenue from the State Department of Corrections. FIRST READING: 18 May 1981 SECOND READING: I June 1981 Adopted by tbe Council of the City of Virginia Beach, Virginia, on the First day of June, 1981. Voting: 10-0 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, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Jobn A. Baum -1 9- 0 R D I N A N C E S S T R E E T C L 0 S U R E S ITEM II-G.l.a.b ITEM #16736 THIS APPLICATION AND APPLICATION II-G.l.b WERE VOTED ON AS ONE. Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and ADOPT the Ordinances closing and vacating portions of Gum Avenue, in the Kempsville Borough, as requested by Edmund E. Garrett, Sr., Catherine Rosetta Garrett, Stanley John Rice and Lillie E. Rice, subject to the recommended condition transmitted in the City Manager's letter, as follows: The vacating of the existing lot lines for all surrounding properties affected by this closure in order to ensure that all lots will have access to a public street. 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: John A. Baum @20- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DIS- CONTINUING A PORTION OF GUM AVENUE, BEGINNING AT A POINT 175 1 NORTH OF THE INTERSECTION OF GUM AVENUE AND SOUTHERN BOULEVARD (FORMERLY 4TH STREET) AND EXTENDING FROM SAID BEGINNING POINT IN A NORTHERLY DIRECTION UNTIL IT'S TERMINATION INTO A REVINE, IN THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON A CER- TAIN PLAT ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Edmund E. Garrett, Sr., Catherine Rosetta Garrett, Stanley John Rice, and Lillie E. Rice, that they would make application to the City Council of the City of Virginia Beach, Virginia, on the _ day of , 1981, to have the hereinafter described street discontin- ued, closed, and vacated; and WHEREAS, it is the judgment of the City Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the City Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: ALL THAT certain piece or parcel of land, situate and being in the City of Virginia Beach, Virginia, and described as follows: That portion of Gum Avenue lying North of Southern Boulevard (formerly 4th Street) and being that portion which has a beginning portion which is 1751 North of the intersec- tion of Gum Avenue and Southern Boulevard (formerly 4th Street) and extending from said beginning point in a Norther- ly direction until it's termination into a revine, as shown on a plat entitled, "C. W. Deal", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 70, at page 7- B. SECTION If A certified copy of this Ordinance shall be recorded In the Clerk's Office of the City of Virginia each, Virginia, indexed in the name of BROYLES. CORRY, .RYDGES & GRIFFIN SECTION Ill This Order shall be in effect from the date of its passage. Adopted by the Council of the City of Virginia Beach, Virginia, on 1 June 1981. - 21- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF APPROXIMATELY 175 FEET, MORE OR LESS, IN WIDTH, KNOWN AS Gum AVENUE, IN THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON A CERTAIN PLAT ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Edmund E. Garrett, Sr., Catherine Rosetta Garrett, Stanley John Rice, and Lillie E. Rice, that they would make application to the City Council of the City of Virginia Beach, Virginia, on the day o f -1 1980, to have the hereinafter described street discontinued, closed and vacated; and, WHEREAS, it is the judgment of the City Council that said street be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the City Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: ALL that certain piece of parcel of land, situate and being in the City of Virginia BeacN Virginia, and described as follows: That portion of Gum Avenue lying North of Soutbern Boulevard (formerly 4th Street), and being that portion which extends from the intersection of Gtm Avenue and Southern Boulevard (formerly 4th Street), in a Northerly direction, a distance of 175', as shown on plat entitled, "C. W. Deal", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 70, at Page 7-B. SECTION II A certified copy of this Ordinance shall be recorded in the Clerk's Office of the City of Virginia Beach, Virginia, indexed in the name of SECTION III This Order shall be in effect from the date of its passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the First day of June, 1981 2 2 - ORDINANCE APPOINTING VIEWERS WHEREAS, EDMUND E. GARRETT, SR., CATHERINE ROSETTA GARRETT, STANLEY JOHN RICE and LILLIE E. RICE have given due and 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, w@at, Inconvenience would result from the discontinuance of the hereinafter described portion of that certain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Vir- ginia Beach, Virginia: THAT C. Oral Lambert Robert J. Scott AND David M. Grochmal are hereby appointed to view the below-described property and report in writing to the Council on or before 1 1981, whether in their opinion, any, and if any, what inconvenience would result in the dis- continuing and vacating of a portion of that certain street, located in the City of Virginia Beach, Virginia, and more particularly described as follows: That portion of Gum Avenue lying North of Southern Boule- vard (forrnerly 4th Street) and being that portion which has a beginning portion which is 1751 North of the inter- section of Gum Avenue and Southern Boulevard (formerly 4th Street) and extending from said beginning point in a northerly direction until it's termination into a revine, as shown on a plat entitled, 'IC..W. Deal", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 70, at page 7-B. All of the above as shown on the Plat which shows the closing of said portion of Gum Avenue, in the City of Virginia Beach, Virginia, which Plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. BROYL.95. GORRY. ..Y.G.$ & CR.FR.N - 2 3- ORDINANCE APPOINTING VIEWERS VHEREAS, EDMUND E. GARRETT, SR., CATHERINE ROSETTA GARRETT, STANLEY JOHN RICE and LILLIE E. RICE have given due and proper notice, in accordance with the Statutes for such cases made and provided that tbey will on the Fourteenth day of April, 1980, 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 approximately 175 feet, more or less, in width, and has filed such application with said Council. 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 1 1980, 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 approximately 175 feet, more or less in width, located in the City of Virginia Beach, Virginia, and more particularly described as follows: THAT portion of Gum Avenue lying North of Southern Boulevard (formerly 4th Street), and being that portion which extends from the intersection of Gum Avenue and Southern Boulevard (formerly 4th Street), in a Northerly direction, a distance of 175', as shown on plat entitled, "C. W. Deal", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 70, at Page 7-B. All of the above as shown on the Plat which shows the closing of said portion of Gum Avenue, in the City of Virginia Beach, Virginia, which Plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing tbe aforedescribed street. .-,2 4@ PETITION TO VACATE PORTION OF GUM AVENUE IN THE CITY OF VIRGINIA BEACH, VIRGINIA TO: The Honorable Council of the City of Virginia Beach, Virginia: Your Petitioners, Edmund E. Garrett, Sr., Catherine Rosetta Garrett, Stanley John Rice, and Lillie E. Rice, respectfully represent: 1. That your Petitioners are the fee simple owners of the legal title to all property abutting and adjacent to a portion of Gum Avenue, in the City of Virginia Beach, Virginia, and that that portion of Gum Avenue is not needed for public use, thoroughfare or convenience, and your Peti- tioners request that that portion of Gum Avenue be closed, vacated and dis- continued as a public street; that portion of Gum Avenue being described as follows: That portion of Gum Avenue lying North of Southern Boule- vard (forrnerly 4th Street) and being that portion which has a beginning portion which is 1751 North of the inter- section of Gum Avenue and Southern Boulevard (formerly 4th Street) and extending from said beginning point in a northerly direction until it's termination into a revine, as shown on a plat entitled, "C. W. Deal", which said plat is duly recorded in the Clerk's Office of the Cir- court Court of the City of Virginia Beach, Virginia, in Map Book 70, at page 7-B- 2. In accordance with Section 15.1-364 of the Code of Virginia,. as amended, Petitioners have caused Notice of this application to be posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Vir- ginia, and at two other public places in the City of Virginia Beach, Virgin- ia, at least ten (10) days prior to the date the application is to be made to the Council for the appointment of viewers. An executed copy of the said Notice and an Affidavit relative to its being posted are filed herewith as Exhibits "All and "B", to be read as part of this Petition. IN CONSIDERATFON WHEREOF, Petitioners pray that the Council ap- point not less than three (3) nor more than five (5) viewers to view the streets designated above, and to report in writing whether In their opinion any, and if any, what, inconvenience would result from the closure and va- cating of the said streets or portions thereof, and after such report shall ..OILES. GORRY. h@ve been made, an Ordinance be adopted, closing and vacating the said R.Y.Ges & GRIFFIN street or portion thereof as herein requested. - 2 5- Respectfully submitted: EDMUND E. GARRETT., SR., CATHERINE ROSETTA GARRETT, STANLEY JOHN RICE and LILLIE E. RICE By Counser ..Ol@.S, GO.RL, ..I.G.S & G.Ill.. 26- PETITION TO VACATE PORTION OF GUM AVENUE IN THE CITY OF VIRGINIA BEACH, VIRGINIA TO: The Honorable Council of the City of Virginia Beach, Virginia: Your Petitioners, Edmund E. Garrett, Sr., Catherine Rosetta Garrett, Stanley John Rice, and Lillie E. Rice, respectfully represent: 1. That your Petitioners are the fee simple owners of the legal title to all property abutting and adjacent to a portion of Gum Avenue, in the City of Virginia Beach, Virginia, and that that portion of Gum Avenue is not needed for public use, thoroughfare or convenience, and your Petitioners request that that portion of Gum Avenue be closed, vacated and discontinued as a public street; that portion of Gum Avenue being described as follows: That portion of Gum Avenue lying North of Southern Boulevard (formerly 4th Street) and being that por- tion which extends from the intersection of Gum Ave- nue and Southern Boulevard (formerly 4th Street) in a Northerly direction, a distance of 175', as shown on plat entitled, "C.W. Deal", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 70, at page 7-B. 2. In accordance with Section 15.1-364 of the Code of Virginia, as amended, Petitioners have caused N6tice of this application to be posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, and at two other public places in the City of Virginia Beach, Virginia, at least ten (10) days prior to the date the application is to be made to the Council for the appointment of viewers. An executed copy of the said Notice and an Affidavit relative to its being posted are filed herewith as Exhibits "A" and "B" to be read as part of this Petition. IN CONSIDERATION WHEREOF, Petitioners pray that the Council appoint not less than three (3) nor more than five (5) viewers to view the streets designated above and to report in writing whether in their opinion any, and if any, what, inconvenience would result from the closure and vacating of the said streets or portions thereof, and after such report shall have been made, an Ordinance be adopted, closing and vacating the said street or portion. thereof as herein requested. Al R.A. 6/ 1/ 81 2 7- Respectfully submitted: EDMUND E. GARRETT, SR., CATHERINE ROSETTA GARRETT, STANLEY JOHN RICE and LILLIE E. RICE By Cotin@' FTOLFE GRIFFIN 6/ 1/ 81 2 8- ITEM II-G.l.c ITE14 #16137 Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and ADOPT the Ordinance closing a portion of old Potters Road, in the Lynnhaven Borough, as requested by Potters Road Investment Group; AND, the Ordinance declaring certain property at the intersection of Wesley Drive and Potters Road, in the Lynnhaven Borough. excess and authorize the City Manager to dispose of same. Voting: 10-0 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, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum *COUIICILMAN BUCHANAN VOICED A VERBAL "AYE" 2 9- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF APPROXIMATELY 35 FEET, MORE OR LESS, IN WIDTH, KNOWN AS OLD POTTERS ROAD, IN THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON A CERTAIN PLAT ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Potters Road Investment Group, a Virginia iLimited Partnership, that it would make application to the City Council of the City of Virginia Beach, Virginia, on the day of 1980, to have the hereinafter described street discontinued, closed and vacated; and WHEREAS, it is the judgment of the City Council that said street be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the City Council of the City of Virginia, Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: ALL that certain piece or parcel of land situate and being in the City of Virginia Beach, Virginia, and described as follows: Beginning at a point on the Northern Line of Potters Road (Relocated) as shown on that plat entitled "Street Dedication and Closu e r Plat for Wesley Drive (Formerly Old Potters Road)", dated February 11, 1980, by Engine6ring Services, Inc., said plat to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; thence N 49@06121" W a distance of 103.21 feet; thence N 58*58'58" W a distance of 107.06 feet; thence along the arc of a curve to the right an arc distance of 62.54 feet; thence S 5805815811 E a distance of 49.99 feet; thence S 49106121" E a distance of 82.48 feet to the Northern Line of Potters Road (Relocated); thence along the said Northern Line N 72*03101"E a distance of 35.06 feet to the point of beginning. LLI" E. M.CARDELL. JR. A@ . @ 6/1/81 30- SECTION II A certified copy oP this ordinance shall be recorded in the Clerk's office of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach. SBCTIOI,q ill This order shall be in effect from the date of its passage. Adopted by the Council of the City of Virginia Beach, i'Virginia, on 1 June 1981. LLIAM E. M.CARDELL. JR. A@ . L- viom. -2- 6/1/81 -31 - AN ORDINANCE DECLARING CERTAIN PROPERTY AT THE INTERESECTION OF WESLEY DRIVE AND POTTERS ROAD IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA: WHEREAS, upon the closure of a certain portion of Old Potters Road by City Council on 1981, by Ordinance No. the City of Virginia Beach may have acquired a certain interest in a portioh of said property, more particularly described as Parcel C or "PAR 'C"' on the hereinafter described plat; and WHEREAS, the City of Virg@inia Beach may also have an interest in Parcels A and B or "PAR 'A"' and "PAR 'B"' likewise as shown on the hereinafter described plat; and WHEREAS, The City Council is of the opinion that the following described property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Managpr is authorized to execute all necessary documents relating to said property and convey said property in the manner he deems in the best interests of the City of Virginia Beach reserving therein any and all easements or imposing such conditions as are necessary thereto. All that certain portion of land adjacent to the intersection of Wesley Drive and Potters Road, in the Lynnhaven Borough of the City of Virginia Beach, - 3 2- Virginia, more particularly described as "PAR 'At", 'PAR 'B"It PAR 'C'-', on that certain plat entitled "Plat Showing a Portion of OLD POTTERS ROAD", Lynnhaven Borough, Virginia Beach, Virginia, . Scale: I" = 501, dated February 10, 1981, Revised 3/11/81, prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public works, City of Virginia Beach, Virginia, said plat being recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 148, at Page 2, to which reference is made for a more particular description. 2. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Reach on the First day of June 1981. RJN/da APPROVED AS TO CONTENT 5/21/81 IGNITUPE (23) DEPARTMENT y -2- 3 3 - 34- C I T Y C 0 D E A M E N D M E N T S ITEM II-G.2.a ITEM #16738 Upon motion by Vice Mayor Heischober, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Section 37-33, Chapter 37, (as amended by ordinance No. 1140), of the Code of the City of Virginia Beach relating to the water usage rates. 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, 14ayor J. Henry McCoy, Jr., D.D.S.*, Meyera E. Obemdorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: John A. Baum *COUNCILMAN BUCHANAN VOICED A" VERBAL "AYE". *COUNCILWOMAN HENLEY VOICED A VERBAL "AYE". *MAYOR McCOY VOICED A VERBAL "AYE". 6/1/81 - 35- AN ORDINANCE TO AMEND AND REORDAIN SECTION 37-33, CHAPTER 37, (AS AMENDED BY ORDINANCE NO. 1140), OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE WATER USAGE RATES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That Section 37-33 of the Code of the City of Virginia Beach, Virginia, (as amended by Ordinance No. 1140), is hereby amended to read as follows: Section 37-33. Water Usage Rates. In addition to the charges provided for in Section 37-32, each consumer shall pay for water usage the rate of 41@91 $1.44 per thousand gallons (4,.99 $1.08 per hundred cubic feet). The above water usage rate shall become effective with all water consumed on and after June 1, 1981. 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 First day of June, 1981. - 36- A P P 0 I N T M E N T S ITEM II-R.1 ITEM #16739 Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to REAPPOINT Mr. John Perry to the SOCIAL SERVICES BOARD for a term of four,(4) years, beginning July 1, 1981 and ending June 30, 1985. Voting: 10-0 Council Members Voting Aye: E. T. Bucbanan, 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, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum *COUNCILMAN KITCHIN VOICED A VERBAL "AYE". 3 7- ITEM II-H.2- ITEM #16740 Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to APPOINT Clarence A. Holland, M.D., to the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION for a three (3) year term beginning July 1, 1981, and ending June 30, 1984; AND, REAPPOINTED George L. Hanbury, City Manager for a term of three (3) years, beginning July 1, 1981 and ending June 30, 1984. Vot ing 10-0 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, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum 3 8- ITEM II-H.3 ITEM #16741 Upon motion by Councilman Holland, seconded by Mayor McCoy, City Council voted to REAPPOINT Mr. Richard Guy to the TIDEWATER COMMUNITY COLLEGE BOARD, for a term of four (4) years, beginning July 1, 1981 and ending June 30, 1985. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, H.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 Abstaining: E. T. Bucbanan Council Members Absent: John A. Baum 3 9- ITEM II-H.4 ITEM #16742 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to REAPPOINT Judge ThomaS F. Betz, Jr., to the TIDEWATER REGIONAL GROUP HOME COMMISSION for a term of four (4) years, beginning July 18, 1981, and ending July 17, 1985. Voting: 10-0 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, Ill, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum 6, 81 - 40- ITEM II-H.5 ITEM #16743 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober, City Council voted to APPOINT Mrs. Nancy W. Lowe to the WETLANDS BOARD, to fill the unexpired term of Doctor E. T. Buchanan, ending September 17, 1985. Voting: 10-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober,, Barbara M. Henley, Clarence A. HDlland, M.D., W. U. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, Pa.t;r4ck L. Standing Council Members Voting Nay: None Council Members Absent: John A. Batm 6/1/ 81 41- R E C 0 N S I D E R A T I 0 N ITEM II-I.1 ITEM #16744 Upon motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to RECONSIDER on June 22, 1981, the application of TIDEWATER INVESTMENT PROPERTIES, INC., for a Change of Zoning District Classification from R-5 Residential District to A-1 Apartment District, in the Lynnhaven Borough. Voting: 8- 2 Council Members Voting Aye: 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 Patrick L. Standing Council Members Voting Nay: E. T. Buchanan, and Meyera E. Oberndorf Council Members Absent: John A. B@um - 42- L 0 W B I D ITEM II-J.1 ITEM #16745 The following bids have been received for the Indian River Road, Phase II, project : Rea Birsch Construction @ompany, Inc. $3,155,454.06 Warren Brothers Company $3,227,201.02 Suburban Grading and Utilities, Inc. $3,265,551.84 E. V. Williams Compan@ $3,308,892.24 Engineer's Estimate $3,808,824.79 Upon motion by Councilman iiolland, seconded by Vice Mayor Heischober, City Council voted to APPROVE@the low bid of Rea Birsch Construction Company, Inc., in the amount of $3,155,454.06 for the Indian River Road, Phase II, project; and, authorized the City Manager to enter into the necessary agreements for the implementation of this project; AND, subject to approval and settlement of 6ertaiii legal matters by the Rea Birsch Construction Company, Inc., with the@City Attorney. Voting: 10-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. R. 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 MembersAbsent: Jobn A. Baum -4 3- A D J 0 U R N M E N T ITEM II-K.1 ITEM #16746 Upon motion by Councilman Ervin, City Council adjourned at 2:26 p.m. Diane M. Hickman, Deputy City Cleri C. @Iv Ruth Hodges 'Smith, City Clerk Mayor nr Y, J@. Approved by City Council June 8, 1981 City of Virginia Beach, Virginia 1 June 1981 dhm/asb