Loading...
HomeMy WebLinkAboutAPRIL 20, 1981 MINUTES "WORLD'S LARGEST RESOFTT CITY" CITY COUNCIL MAYOR 1. HENRY M@ COY JR.. D.D.S., K-p..ill. B...gb VICE-.WAYOR HAROLD IIEISCHoaER. A, L.,,. JOHN A. SAUM, Bi-@,., B.-lb P. REID ERVIN. A, L.,,. BARBARA M. HENLEY. P..I. a-lb CLARENCE A. HOLLAND. ALD., B".id. B.-lb W. H. KITCHIIY, Ill. Vili.i. B-,b a.-lb REBA S. M,CLANAN. P,i-... A-. B.-,b DONALD W. MERRICK. Ly-b.- B.-Cb AIEYERA E. oaERNDORF, At L.,,, 212 CITY MALL BUILDING PATRICK L. STANDING, At L.,g. MUNICIPAL CENTER VIRGINIA BEAC)I, VIRGINIA 23436 RUTH HODGES SMITH, Cily Cl-lk e8O4) 427-4303 CITY COUNCIL AGENDA April 20, 1981 ITEM I INFORMAL SESSION 12:30 p.m- A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR. B. ROLL CALL OF COUNCIL. C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council 3. Deferred Compensation Plan: PresentatiDn by Susan P@terman of Stanley E. Clarke and Associates. 4. Statistics on use of Mount Trashmore During Peak Periods: Discussion relating to Ordinance regarding large gatherings in public parks. 5. Policy for Preservation, Restoration, and Maintenance for Primary Dunes on Private Property: Discussion. ITEM II FORMAL SESSION 2:00 p.m. A. INVOCATION: Reverend Rodney Bell Tabernacle Baptist Church of Virginia Beach B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL ITEM II D. MINUTES OF PREVIOUS MEETINGS: 1. Motion to approve/accept the Minutes of 13 April 1981. 2. Motion to accept/approve the Special Meeting Minutes of 14 April 1981. E. RESOLUTIONS 1. Resolution of Appreciation 2. Resolution establishing a policy for the procurement of professional architectural and engineering services by the City of Virginia Beach, Virginia. F. RECONSIDERATION 1. Budget Public Hearing: Regarding, date, time and place. G. 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. Request of the Commissioner of the Revenue for license refunds in the amount of $111.15. 2. Request of the City Treasurer for tax refunds in the amount of $690. 23. 3. An Ordinance, on second reading, authorizing the City Manager to enter nto contracts with the Southeastern Tidewater Area Manpower Authority to continue the City's CETA employment programs, and to appropriate the amount $53,779.00 H. PLANNING ITEMS 1. Deferred Items a. Application of Baillio Sand Company, Inc., for a conditiona ermit for a borrow pit on a 102.96 acre parcel located on the West side of Princess Anne Road, South of Sandbridge Road (Princess Anne Borough). (This item was deferred for 60 days on February 23, 1981. 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. b. Application of Harold G. Brown, 6156 Pocahontas Club Road, Virginia Beach, Virginia, (in accordance with Chapter 35, Article II, Section 35-4(f) of the Code of the City of Virginia Beach, for a FREE- STANDING MOBILE HOME for a two (2) year period. (Deferred one week on April 13, 1981). ITEM II H. PLANNING ITEMS 2. New Items a. Application of Marva Mitchell for a change of zoning from R-5 Residential District to A-1 Apartment District on a .38-acre. parcel located at the Northeast corner of South Birdneck Road and Lloyd Street (Lynnhaven Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. b. Application of Amoco Oil Company for a conditional use permit for a self-service gas station on a .729-acre parcel located at the Southeast corner of Holland Road and Chimney Hill Parkway in the Chimney Hill Shopping Center (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. C. Application of Charles H. Cole for a conditional use permit for an automobile repair shop on a two-acre parcel located at the Northwest corner of Indian River Road and Reon Road (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. d. Application of David L. Cunningham for a conditional use permit for an automotive repair facility on a 3.689-acre parcel located on the East side of Holland Road, South of Edwin Drive (Kempsville Borough). e. Application of Texaco, Inc., for a conditional use permit for a self-service gas bar and car wash on a .997-acre parcel located at the Southeast corner of Kempsville Road and Centerville Turnpike (Kempsville Borough). f. Application of Edward R. Clark, Jr., for a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. He wishes to subdivide this 1.2-acre site, located on the South side of Discovery Road, West of Goodspeed Road, into three lots. 1. Letter from the City Manager transmits the recommendation of th6 Planning Commission for approval. ITEM 11 I. ORDINANCES 1. General a. Ordinance to amend and reordain Sections 22-149.3 and 22-149.7, Subsections (f) and (g) of the Code of the City of Virginia Beach, Virginia, relating to tow truck operations. b. Ordinance to amend and reordain Section 2-56.3 of the Code of the City of Virginia Beach, pertaining to fees charged by the Department of Police for furnishing copies of certain reports and records. 2. Low Bids a. Low bid of Van de Riet Construction Company in the amount of $102,875.00 for the Witch- duck Road Pump Station and Force Main (Bayside Borough), and authorize the City Manager to enter into the necessary agreements for the implementation of this project. Funds are available. J. APPOINTMENTS 1. Community Services Board 2. Historical Review Board K. UNFINISHED BUSINESS 1. Crosby Construction Company L. NEW BUSINESS M. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 20 April 1980 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S., i-n the Conference Room, City Hall Building, on Monday, 20 April 1981, at Twelve-Thirty in the afternoon. Council Members Present: John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @lanan, @yor J. Heriry @Cay, Jr. , D. D. S, Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Absent: None ITEM #16544 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. Discussion or consideraticn of enployment, assi t, appointment, pranotion, derwtion, salaries, discipline or resigpation of public officers, appointees or enployees of any public body. (Perscnnel @tters). 2. Consultation with legal Counsel and briefing by staff rs, consultants, or attomeys pertaining to actual or potential litigation, or other legal imtters within the jurisdiction of the pliblic bo@. (Legal @tters). - 2- Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council vo@ed to recess into EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 11-0 Council Members Voti-ng Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Hollmd, M. D. , W. H. Kitchin, III, Reba S. @Clanan, @yor J. Heriry @Coy, Jr. , D. D. S. , Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -3- M A T T E R S B Y T H E M A Y 0 R ITEM #16545 Mayor McCoy asked the City Manager if the Atlantic Avenue parking problem was going to be on the Agenda of 27 April 1981. The City Manager advised Council it would be placed on the Agenda for April 27, 1981. ITEM #16546 Mayor McCoy advised Council that the Lake Avalon Borrow Pit was causing problems in the Avalon Hills area. The City Manager advised Council that the staff has been maintaining a daily report on the pit, a copy of which was placed in Council's "For Your Information". M A T T E R S B Y C 0 U N C I L M E M B E R S ITEM #16547 Councilman Ervin advised Council of a violation in the Beach Borough regarding "Open-Air Restaurants", and requested information from the City Manager as to how the City is handling this matter. The City Manager advised Council they have placed a @stop work'order on the property and the matter will go to court the week of April 20, 1981. ITEM #16548 Councilman Kitchin advised Council of a use permit passed on 13 April 1981, (Nick Anoia), would be utilizing a parking space at the Sand Castle Motel and requested the City Manager to look into the matter. ITEM #16549 Councilwoman Oberndorf advised Council of several letters received from the residents in Little Neck concerning tfie application of S & C Company. The residents are requesting the application be heard at a night Council meeting. - 4- ITEM #16550 Councilwo@n Oberndorf advised Council that the Southeastern Virginia Planning District Commission elected the following: Mason Andrews, M.D., Chairman Meyera E. Oberndorf, Vice-Chairman John Maxwell, Treasurer ITEM #16551 Councilman Ervin made reference to a letter received from Dr. Shulman concerning beach erosion in the Ocean Park area. The City Manager advised Council the Corps of Engineers has informed the City they must determine that Ocean Park is a public beach, and find a suitable permanent spoil site before the Corps will consider Ocean Park as an alternate spoil site. I N F 0 R M A L A G E N D A DEFERRED COMPENSATION PLAN ITEM #16552 Miss Susan Peterman, Stanley E. Clarke and Associates, presented a report on the Deferred Compensation Plan. USE OF MOUNT TRASHMORE ITEM #16553 The City Manager presented a report to Council concerning the statistics on using Mount Trashmore during peak periods; and, advised he will be presenting an Ordinance for Council's adoption at the meeting of 27 April 1981. A copy of the report has been made a part of these proceedings. -5- POLICY FOR'MAINTENANCE OF PRIMARY ITEM #16554 DUNES ON PRIVATE PROPERTY David N. Grochmal, Assistant to the City Manager, presented a report on the protection of primary dunes o-n private property, (Baylake Beach). TRASH TRUCK ITEM #16555 The City Manager advised Council of four (4) new trash trucks the City purchased. These trucks will be safer and require less gasoline. Trash collection days in the Southern part of the City have been changed to: Blackwater area - Tuesday and Friday Pungo and Sandbridge area - Monday and Thursday City Council recessed into EXECUTIVE SESSION, (1:35 p.m.) -6- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 20 April 1981 2:00 p.m. Council Members Present: Jolm A. Baum, F. Reid Ervin, Vice Mayor Harold Heisc@ber, Barbara M. Henley, Clarence A. Hollmd, M.D. , Reba S. @Clarkm, @yor J. Herxry McCoy, Jr., Domld W. Yierrick, @yera E. Oberndorf @ and Patrick L. Standing Council Members Absent: W. H. Kitchin, III* INVOCATION: Reverend Rodney Bell Pastor Tabernacle Baptist Church of Virginia Beach PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA @UiCl 0 RF MMING AFTER PLEDGE OF AUEGIANCE - 7- M I N U T E S ITEM II-D.1/2 ITEM #16556 Upon motion by Councilman Merrick, seconded by Councilman Standing, City Council voted to APPROVE the Minutes of the Regular Meeting of 13 April 1981, AND the Minutes of the Special Meeting of 14 April 1981. Voting: 10-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., Reba S. @Clanan, Mayor J. Henry Yr-Cay, Jr., D.D.S., Donald W. @rrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, Ill* *COUNCILMAN KITCHIN ENTERED MEETING AT 2:07 p.m. 8- R E S 0 L U T I 0 N S ITEM II-E.1 ITEM #16557 Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to ADOPT the Resolution of Appreciation and present same to: G. Stafford Balderson - Arts and Humanities Commission Coordinator of "Celebration of the Arts" for the dedication of the Pavilion Voting: 11-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @Clanan, @yor J. @ ttcoy, Jr. , D.D.S., Dcnald W. lbrrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: Ncne - 9- R E S 0 L U T I 0 N WHEREAS, on March 13-22, 1981, the Virginia Beach Pavilion held its official opening; and, WHEREAS, a most successful "Celebration of the Arts" was held in conjunction with this official opening; and, WHEREAS, the events for this Celebration were coordinated by G. Stafford Balderson, a member of the Arts and Humanities Co=ission; and, WHEREAS, Mr. Balderson expended great effort and energy in coordinating these efforts; and, WHEREAS, the Celebration was a major element in the success of the opening of the Pavilion. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Virginia Beach, Virginia, extends its sincerest appreciation to Mr. Balderson for all his recent work toward the Celebration and recognizes further his many past contributions to the enhancement of the cultural life of Virginia Beach. J. Henry McCoy, Jr., D.D.S. Mayor -10- ITEM II-E.2 ITEM #16558 Mr. Robert Miller, Professional Engineer and Chairman of the AE Procurement Committee, appeared regarding this matter. I Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober, City Council voted to ADOPT Alternate "B" of the Resolution establishing a Policy for the procurement of professional architectural and engineering services by the City of Virginia Beach which eliminates addendum eleven (11) under Section Four (4) of Alternate "A". Voting: 11-0 Council Members Voting Aye: John A. BaLm, F. Reid Ervin, Vice Mayor Harold Heischc)ber, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Rp-ba S. @Clanarl, Myor J. Henry @Coy, Jr., D.D.S., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: None -11- A RESOLUTION ESTABLISHING A POLICY FOR THE PROCUREMENT OF PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BY THE CITY OF VIRGINIA BEACH, VIRGINIA SECTION 1. It shall be the policy of the City of Virginia Beach to announce projects, select consultants and negotiate agreements for architectural and engineering services on the basis of demonstrated competence and qualification for services required and at fair and reasonable fees. SECTION 2. Architectural or engineering services are those professional consulting services associated with research, development, design and construction, alteration, or repair of real property, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform including, but not limited to, studies, investigations, surveys, evaluations, consultations, planning, programming, conceptual designs, plans and specifications, cost estimates, inspections, and other related services. SECTION 3. Architects and Engineers are encouraged to submit statements of current qualifications and performance data for registration and reference purposes. The Federal Government Standard Form 254 and Standard Form 255 may be included in this data. These statements will be kept by the City and used as a basis for preliminary selection. The City may announce projects which require architectural or engineering services to qualified firms on file with the City by publicizing descriptions periodically in newspapers, by posting announcements of projects on a bulletin board, or any other methods to publicize the need for consulting services. SECTION 4. After expressions of interest are received, a review shall be made by the using agency of all firms responding to determine those firms best q@lified for the services desired. A minimum of three firms shall be selected for intervi@w from among those responding or on file. The interview, for selection purposes, shall be performed by a Committee of five (51 individuals, at least two [2) of whom, (including the Chairman), shall be a licensed Engineer. The Committee shall consist -12- of the City Engineer, the Utilities Engineer, their two [2] Assistants and a representative of the Agency. Either the City Engineer or the Utilities Engineer shall act as Chairman of the Comittee. Factors to be considered for selection purposes are: 1] The expressed desire of the firm to perform the services. 2] Professional qualifications of the staff or design team to be assigned to this project. 31 The extent of specialized experience of the firm in the type of work required. 41 The capacity of the firm to accomplish the work in the required time. 51 The degree of familiarity of the firm and the particular project requirements. 61 Past performance of the firm on similar projects in general and City projects in particular. 71 Experience and qualification of any consultants to be used by the architect and engineer. 8] Volume of work previously awarded to the firm by the City. 9] Evidence of cost control effectiveness. 10] Proximity of the firm to the project. The selected firm shall be submitted to the Director of Public Works or Public Utilities, as appropriate, for his concurrence. SECTION 5. Negotiations of the Agreement shall be initiated with the selected firm only, and shall be conducted by the City Engineer or the Utilities Engineer, as appropriate. Should satisfactory terms fail to be reached, negotiations with that firm shall be terminated and initiated with a second, then third firm, until a satisfactory agreement is reached. Negotiations shall be based on a definitive scope of work and period of performance with attendant manpower, material, and service estimates. Established fee schedules or curves shall be used for comparative purposes only, and not as a basis of justification of any proposed fee. SECTION 6. Architectural and engineering agreements shall be executed by the proper City Official. SECTION 7. Upon completion of the project, an evaluation of the performance of the architectural and engineering firm may be placed on file to indicate excellence or deficiencies in the service rendered. -13- This information shall be maintained on file for reference purposes in future project awards. Further, it shall be open for review by the subject firm who may tender any observations felt to be appropriate as a matter of record in such files. SECTION 8. The above procedures do not apply to: 1] Contracts involving estimated fees of less than $10,000. 2] Contracts administered by another agency to which the City is signatory. 31 Contracts of an emergency nature. This Resolution shall become effective upon date of adoption. ADOPTED by the Council of the City of Virginia Beach, Virginia, on the Twentieth day of April, 1981. -14- R E C 0 N S I D E R A T I 0 N ITEM II-F.1 ITEM #16559 Upon motion by Vice Mayor Heischober, seconded by Councilman Baum, City Council voted to hold the Budget Public Hearing on Monday, 4 May 1981, at 2:00 p.m., as was originally advertised. Voting: 8-3 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vir-e Yiayor Harold Heischober, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @Clanan, Donald W. @=ick, and Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, Myor J. Henry @Cay, Jr. , D. D. S. , and @yera E. Oberndorf Council Members Absent: None -1 5- C 0 N S E N T A G E N D A ITEM II-G.1 ITEM #16560 Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council voted to APPROVE the license refunds in the amount of $111.15. Voting: 11-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @Clanan, @yor J. @nry @Coy, Jr. , D.D. S. , Donald W. @rrick, @yera E. Obemdorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -16- AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE.IT 6RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE NAME YEAR PAID BASE PENALTY INT. TOTAL Amiele Hassen Barakey, M.D. 1980 1980 111.15 111.15 4476 Smokey Lane Dr. Va. Beach, Va. 23462 Per Audit Attached. 71-7 APP, o 19 1 Cer@fied as to Payment: C) F L A W Approved as to form: The above abatement(s.) totaling $ 111.15 were approved by the council of the City of Virginia Beach on the 20 day of April 19 81 Ruth Hodge! City Clerk -1 7- ITEM II-G.2 ITEM #16561 Upon motion by Councilman Standing, seconded by Councilma-n Merrick, City Council voted to APPROVE the tax refunds in the amount of $690.23. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vir-e @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, @yor J. Heriry @Coy, Jr., D.D.S., Donald W. Yierrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None I M NO. C.A. 7 4/9/81 EMC 1 8- AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS ANDUPONCERTIFICATIONOFTHETREASURER FOR PAYMF-NT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF:ACH, VIRGINIA: That the following applications for tax refunds upon'certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Da!e Penalty lnt. Total Year of Tax Number tion NO. paid Mortgage Assoc., Inc. 81 RE(1/2) 1746-9 11/20/80 6.70 Lassiter, Paul K. 80 RE(1/2) 37028-3 12/5/80 19.42 Lassiter, Paul K. 80 RE(2/2) 37028-3 12/5/80 18.87 VNB Mortgage Corp. 79 RE(1/2) 44611-5 11/16/78 4.00 VNB Mortgage Corp. 79 RE(2/2) 44611-5 6/4/79 4.00 VNB Mortgage Corp. 80 RE(1/2) 41731-3 11/14/79 4.44 VNB Mortgage Corp. so RE(2/2) 41731-3 6/5/80 4.44 VNB Mortgage Corp. 81 RE(1/2) 49839-6 12/5/80 4.02 Hutchison, Frances H. 81 RE(1/2) 37862-1 12/1/80 161.81 Bonney, G. D. & E. G. 79 RE(1/2) 6437-6 12/4/78 32.00 Bonney, G. D. & E. G. 79 RE(2/2) 6437-6 6/5/79 32.00 Bonney, G. D. & E. G. 80 RE(1/2) 6018-0 12/3/79 38.61 Bonney, G. D. & E. G. 80 RE(2/2) 6018-0 5/19/80 38.61 Bonney, G. D. & E. G. 81 RE(1/2) 7335-3 1/19/81 16.75 Securit-y Pacific Mort. 81 RE(1/2) 28737-3 12/5/80 46.90 Dameg, Apolinario B. 80 pp 27702 5/5/80 5.40 Dameg, Apolinario B. 80 pp 27703 5/5/80 176.88 United Virginia Mortgage 81 RE(1/2) 24875-4 12/5/80 28.48 United Virginia Mortgage 81 RE(1/2) 32998-9 12/5/80 46.90 A,P, I 0 Total 690.23 IDEPT. Ci- This ordinance shall be effective from date of adoption. The above abatement(s) totaling Cer ment; t $ 6 9 0. 2 3 - were approved by the Council of the City of Virg,p@,a 20 day of Apr Beach on the- So-hn t. kikinson, 4 reasurer Approved as t rm: Ruth Hodges Smith City Clerk @/ A@l, OAj. li@/ -1 9- ITEM II-G.3 ITEM #16562 Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council voted to ADOPT ON SECOND READING the Ordinance authorizing the City Manager to enter into contracts with the Southeastern Tidewater Area Manpower Authority to continue the City's CETA Employment Programs, and to appropriate the amount of $53,779.00. Voting: 11-0 CoLmcil Members Voting Aye: Jolin A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin, III, Reba S. YicClmm, @yor J. Henry @Coy, Jr., D. D. S. , Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 20 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS WITH THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY TO CONTINUE THE CITY'S CETA EMPLOYMENT PROGRAMS, AND TO APPROPRIATE THE AMOUNT OF $53,779.00 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 programs 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 $53,779.00 and these funds are hereby appropriated for the purpose of funding the City's CETA programs in February, 1981; and That the appropriations be financed 100% by federal funds from DOL thru STAMA, with no local match required. This ordinance shall become effective from date of adoption. FIRST READING: 13 April 1981 SECOND READING: 20 April 1981 GGD:JDB:er 4-8-81 - 21- ITEM II-G.4 ITEM #16563 Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council voted to ADOPT ON SECOND READING the Ordinance to amend and reordain Article II Real Property, Section 33-2.1, Subsection (e)(1) of the Code of the City of Virginia Beach, Virginia, pertaining to the amount of real estate tax exemption for certain elderly and handicapped persons. Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin, III, Reba S. @Clanm, @yor J. Heriry McCoy, Jr. , D. D. S. , Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: None 22- AN ORDINANCE TO AMEND AND REORNAIN ARTICLE II REAL PROPERTY, SECTION 33-2.1 SUBSECTION (e)(1) OF THE CODE OF THE CITY OF VIRCINIA BFACH, VIRGINIA PERTAINING TO THE AMOUNT OF REAL ESTATE TAX EXF@IPTION FOR CERTAIN ELDERLY AND HANDICAPPED PERSONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 32-2.1. Subsection (e)(1) is amended and reordained as follows: Section 33-2.1. Real estate tax exemption for certain elderlv and handicapped persons. (e) Amount of exemption. (1) When the person claiminq exemption conforms to tlie standards and cloes not exceecl the limitations contained in this section the tax exemption shall be as shown on the following schedule: Total Income All Sources -ax Exemption $ 00.00 to $-3759@TPO $5,500.00 100% -37-SG4@09 5,501.00 to 7,500.00 80% 57ee4voO 501.00 to 67oogvog 8,500.00 60% 67004ve9 501.00 to 47000709 9,5 0.00 40% 7,.roo.1700 9,501.00 to aTS907OG 11,000.00 20% This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of -AT)ril 1981. FIRST READING.- 13 April 1981 SECOND READING: 20 April 1981 GLF/ih 4/6/81 (C) APPROVED AS.T.0 CONTER'E SIGNATURL I DEPARTMENT S -ILM I FSIGNATUREF ' I CITY ATTOQNEY - 23- R E S C H E D U L E D M E E T I N G ITEM #16564 Upon motion by Councilman Merrick, seconded by Councilwoman McClanan, City Council voted to RESCHEDULE the application of S & C Company, which was to be heard on May 4, 1981, (rescheduled from April 27, 1981 on 23 March 1981), to June 22, 1981, at 7:00 p.m. Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice Yjayor Harold Heischober, Barbara M. He-nley, Clarence A. Holland, M.D. , W. H. Kitchin, III, Reba S. @Clanan, @yor J. Herxy @Coy, Jr., D.D.S., Donald W. @rrick, Ityera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: None - 24- P L A N N I N G A G E N D A ITEM II-H.l.a ITEM #16565 Attorney Robert Simpson, Jr., appeared in behalf of the applicant. Mr. John N. Baillio appeared in his own behalf. Upon motion by Councilman Standing, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of BAILLIO SAND COMPANY, INC., for a Conditional Use Permit, as per the following, subject to the conditions outline in t e City Manager's letter; AND, the inclusion of the following provisions: 1. Owner to excavate the pit using hydraulic dredging. 2. Ten-foot right-of-way dedicatim along Princess Arme Road. 3. Berm is to surround that portion of the pit which is being used and/or disturbed. 4. If applicant is other thmi ow-mr, owner is required to participate as necessary in fulfilling any condition or requir@t approwd by City,Council. AN ORDEMCE LTON APPLICATION OF BA]ILIO @ CWANY, INC., RD481386 FOR A CONDITIONAL USE PERMIT FOR A BCRROW PIT BE rr ORDA= BY THE 00@CIL OF THE CITY OF VIRGINIA VIRGINIA: Ordinance upon application of Bai..llio Sand Coupmy, Inc., for a Conditional Use Permit for a borrow pit on cert:ain property located m the West si o Princess Anne Road beginning at a point 3800 feet South of Sandbridge Road, ruming a distance of 1185.34 feet along the West side of Princess @ Road, running a distance of 1557.31 feet along the Southern property line, rurming a distance of 2214.01 feet along the Western property line and rlming a distance of 2608.67 feet along the Northern property line. Said parcel contains 102.96 acres. PRINCESS ANNE BOROLUH. Approval is subject to the foll@g provisions in conjunction with the intended use of the land: 1. Standard inpro@ts as required by the Site Plan Ordinance. 2. An adequate drainage outfall systetn with the necessary dom- stream iirprowmnts and easements is required. 3. Prior to any excawtim, the de@loper is to obtain an excavation pemit frain the Deparmmt of Public Works. 4. Ccmpliance with Article 2, Section 226 of the Corrprehensi-ve Zming Ordinance pertaining to borrow pits. 5. Only 12 acres of the site are to be actually excavated, with a mx@ excavation of 571,196 cubic yards. - 25- 6. @r to ekcavate the pit using hydraulic dredging. 7. Ten-foot right-of-uey dedication along Princess Ame Road. 8. Be= is to surround that portion of the pit which is being used and/or disturbed. 9. If applicant is other than @r, owner is required to participate as necessary in fulfilling arly cmdition or requir@t appro-ved by City Council. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the.Twentieth day of April, 1981. Voting: 8-3 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A. Holland, M.D., W. H. Kitchin, III, @yor J. Henry @Coy, Jr., D.D.S., Donald W. @rrick, and Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, Reba S. @Clanan, and @yera E. Oberndorf Council Members Absent. None - 26- ITEM II-H.l.b ITEM #16566 Harold G. Brown appeared in behalf of his application No action was taken on the application of Harold G. Brown, 6156 Pocahontas Club Road, for a free standing mobile home as it could have been handled administratively. The adjacent property owners withdrew their objections to the mobile home. ITEM II-H.2.a ITEM #16567 Attorney Michael Innman appeared in behalf of the applicant requesting this matter be referred back to the Planning Commission. Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to REFER BACK TO THE PLANNING COMMISSION the application of MARVA MITCHELL for a Change of Zoning District Classification from R-5 Residential District to A-1 Apartment District, as per the following: Ordinance upon applicatim of Marva Mitchell for a Change of Zoning District Classification frm R-5 Residential District to A- Ap-t-.t District m certain property located at the Northeast corner of South Birdneck Road and Lloyd Street, ruming a distance of 119 feet along the East side of South Birdneck Road, ruming a distance of 187 feet almg the Northern property line, rum-dng a distance of 100 feet along the Eastern property line and ruming a distance of 122.5 feet almg the Southern property line. Said parcel contains .38 acres. LYNNR4,VEN BDROTJGH. Voting: 11-0 Council Members Voting Aye: (for deferral) Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @Clmm, Myor J. Henry McCoy, Jr. , D. D. S. , Donald W. @rrick, Yeyera E. Oberndarf, mid Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: None - 27- ITEM II-H.2.b ITEM il6568 Attorney H. Calvin Spain appeared in behalf of the applicant. Upon motion by Councilwoman oberndorf, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of AMOCO OIL COMPANY for a Conditional Use Permit, as per the followi-ng, subject to the conditions outlined in tfie City Manager's letter; AND, delete condition number five [5]: No direct access to Holland Road is permitted. Access to this site is to be by nieans of the internal traffic ci.rculatim of the shopping center. AN ORDEWCE IMN APPLICATION OF OIL @ANY FOR R0481387 A CONDITIORAL USE PER= FOR A SELF-SERVICE GAS STATION BE IT ORDA= BY THE COUICIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon applicaticn of Amoco Oil Coirpariy for a Conditional Use Permit for a self-service gas statim on certain property located at t Southeast corner of Holland Road and Chinney Hill Parkway, running a distance of 144.75 feet along the Sauth side of Hollmid Road, rurming a distarice of 175.37 feet along the Eastern property line, running a distance of 191.22 feet along the Southern property line, running a distance of 147.85 feet along the East side of Minney Hill Parkmy and ruming a distance of 43.73 feet in a Northeasterly direction. Said parcel contains .729 acre. MPSVI= BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard irrpro@ts as required by the Site Plan Ordinance. 2. City @ter and sewer. 3. CoWliance with Article 2, Section 224 of the Conprehensi-ve Zoning Ordinance pertaining to Autcmbile Service Stations. 4. Public restrooms are to be provided. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth day of April, 1981. 28- Voting: 11-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin,* Vice Yjayor Harold Heischober, Barbara M. @ley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @Clanan, Yjayor J. Heriry @Coy, Jr., D.D.S., Donald W. @rrick, @yera E. OberndDrf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None *COUNCILMAN ERVIN VOICED A VERBAL "AYE". - 29- ITEM II-H.2.c ITEM #16569 Charles H. Cole appeared in his own behalf Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the Planning Co=nission and APPROVE the application of CHARLES H. COLE for a Conditional Use Permit, as per the following, subject to the conditions outlined in the Ci-ty Manager's letter: AN CRDINANCE TPCN APPLICATION OF CHARI-ES H. COIE FOR AR0481388 CONDlTIONAL USE T FOR AN A IVE REPAIR SBDP BE 1T ORDA= BY THE COTJNCIL OF THE CITY OF VIRGINIA BEAC;H, VIRGINIA: Ordinance Wm applicaticn of Charles H. Cole for a Conditional Use Permit for an autawtive repair shop on certain proper ocate at the Nortlwest corner of Indian Riwr Road and Rean Road, rurming a distance of 386.44 feet almg the West side of Recn Driw , running a distance of 351.48 feet along the Northern property line, rurming a distance of 2@ .62 feet almg the Western property line and running a distance of 226.67 feet almg the North side of Indian River Road. Said parcel contains 2 acres. KEMPSV= BOROUGH. Approval is siibject to the following pr6visions in conjLnction with the intended use of the land: 1. Standard inprowments as required by the Site Plan Ordinance. 2. The ekisting facilities will be utilize!d. 3. All repair work is to be perfornmd within a building. 4. A revised site plan with adequate parking in accordance with City standards. 5. No body repairs or painting wi.11 be permitted. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the.Twentieth day of April, 1981. 30 - Voting: 11-0 council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @Clw=, Myor J. Henry @Coy, Jr., D.D.S., Donald W. @rrick, Yjeyera E. Oberndarf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 31- ITEM II-H.2.d ITEM #16570 David L. Cunningham appeared in his own behalf. Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of DAVID L. CUNNIHGHAM for a Conditional Use Permit, as per the following, subject to the conditions outlined in the ity Manager's letter; AND, waiving stipulation number seven [7] with the understanding that the Planning Department will notify Council when the adjacent property is developing: The dewloper is to pipe all dra@ge ditches running t@ough or along this site. AN ORDEWCE @ APPLICATION OF I)AVID L. OMINGHAM FOR A RD481389 CONDTrIONAL USE PMUT FOR AN A IVE REPAIR FACTLrrY BE IT ORDA= BY THE COUICIL OF THE CrN OF VIRGINIA VIRGINIA: Ordinance upon application of David L. Cunninghmn for a Cmditional Use Permit for an automtiw repair facility on certain proper o-te m t East side of Holland Road beginning at a point 1900 feet unre or less South of Edwin Drive, ruming a distance of 352.10 feet along the East side of Holland Road, ruming a distance of 459.53 feet along the Southern pro- perty line, running a distance of 350 feet almg the Eastern property lim and running a distance of 459.56 feet along the Northern property line. Said parcel contains 3.689 acres. I=SVILLE BOROLUH. Approval is subject to the following pravisions in conjunction with the intended use of the land: 1. Standard inprovenents as required by the Site Plan Ordiriance. 2. City vater and existing septic tank. 3. All repair vnrk is to be performd within a building. 4. No fikure mdian openings are permitted on Holland Road. 5. A revised site plan with adequate parking in accordance with City standards. 6. An adequate drainage outfall with all the necessary downstremn inpro@ts and easements is required. 7. No body repairs or painting will be permitted. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth day of April, 1981. -32- Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @Clanan, @yor J. @ YjcCoy, Jr. , D. D. S. , Donald W. lbrrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Ncne - 33- ITEM II-H.2.e ITEM #16571 Attorney James Flippen appeared in behalf of the applicant Upon motion by Councilwoman Oberndarf, seconded by Mayor McCoy, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of TEXACO, INC., for a Conditional Use Permit, as per the following, subject to the conditions outlined in the City Manager's letter: ORDEWCE LPON APPLICATION OF TD=O, INC. , FCR A R0481390 CONDrrI@ LISE PMIT FOR A SELF-SERVICE (AS BAR AND CAR WASH BE IT ORDA= By THE OC)LUCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Texaco, Inc., for a Conditional Use Permit for a self-service gas bar and car wash cn certain property ated at the Southeast corner of Kenpsville Road and Centerville @ike, running a distance of 190.06 feet along the South side of @sville Road, rurming a distance of 304.47 feet along the Eastern property line, ruming a distance of 175.40 feet along the Southern property line, running a distance of 143.92 feet along the East side of Centerville Turnpike and rurming a distance of 60.17 feet in a Northeasterly direction. Said parcel contains .997 acre. @SV= BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard inpro@ts as required by the Site Plan Ordinance. 2. City vater and @r. 3. Ccirpliance with Article 2, Secticn 224 of the Conprehensive Zoning Ordinance pertaining to autombile service stations. 4. Parking at a ratio of 3 spaces for each car umsh space within the facility. 5. The recycling of uuter in accordance with the City Code. 6. No water shall be permitted to fall upcn or drain across public streets or adjacent properties. 7. Two curb-cuts are to be allowed on both @sville Road and Centerville Turripike provided each is a maximn of 24 feet in width and mrked appropriately for in-only and out-cnly traffic. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth day of April, 1981. 34- Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vire Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin, III, Reba S. DbClanan, @yor J. Henry @Coy, Jr., D.D.S., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 3 5- ITEM II-H.2.f ITEM #16572 Attorney Thomas C. Broyles appeared in behalf of the applicant. Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the request of EDWARD R. CLARK, JR., for a variance to Section 4.4(b) of the Subdivision Ordinance, as per the following: Appeal from Decisions of A@istratiw Officers in regard to certain el@ts of the Subdivision Ordinance, Subdivision for Edward R. Clark, Jr. Property located an the South side of Discowry Road 566 feet more or less West of Goodspeed Road. Plats with mcyre detai-led information are available in the Deparwmt of Plaming. The applicant requests a variance to Section 4.4(b) of the Subdivisim Ordinance which requires lot dimensions to conform to the Cooprehensive Zoning Ordinance. The appl3-cant wishes to subdivide this approxin-ately 1.2 acre site into three [3] lots. The property is located on the South side of Discowry Road, 255 feet west of Goodspeed Road. Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Hol@d, M.D., W. H. Kitchin, III, Reba S. @Cl-, @yor J - @ McCoy, Jr. , D. D. S. , Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 36- 0 R D I N A N C E S ITEM II-I.l.a ITEM #16573 Upon motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Sections 22-149.3 and 22-149.7, Subsections (f) and (g) of the Code of the City of Virginia Beach, Virginia, relating to Tow Truck Operations. Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @Clanan, @yor J. Heriry @Coy, Jr., D.D.S.,* Donald W. Yierrick, YEyera E. Oberndc)rf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: None *MAYOR McCOY VOICED A VERBAL "AYE". - 37- AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 22-149.3 and 22-149.7, SUBSECTIONS (f) and (g) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO TOW TRLJCK OPF-RATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 22-149.3 and 22-149.7, subsections (f) and (g) of the Code of the City of Virginia Beach, Virqinia, are hereby amended and reordained to read as follows: Section 22-149.3. Same - Enforcement of private parking by towing. (A) Each owner of private property having parking facilities accessible to the public, and offering parking to its customers, clientele, residents, lessees, or quests, who intends to enforce parkinq restrictions by the use of tow truck service shall post, at each point of ingress and egress to the parking area, clearly legible signs containing the followinq wording; PRIVATE PARKING NAME OF BUSINESS, APARTMENT, CONDOMINIUM, MOTEL, HOTEL, OFFICE BUILDING, OR ORGANIZATION (whichever is applicable) RESIDENTS/CUSTOMERS/CLIENTELE/LESSEES/GUESTS ONLY TOWING ENFORCED Unauthorized cars towed at owner's expense. $.2i5700 $30.00 clay, @-35799 $40.00 night. Call 911 for location and information concerning return of car if towed. The signs shall be at least 36" in width and 3011 in height. Lettering for the top three lines shall be at least 311 in height and for all other lines, at least 1 1/2" in height. The face of the sign shall be composed of high intensity reflectorized sheeting or like material. The name of the business may be on a separate sign, but must be adjacent to the primary sign containing the information required by this artic.le. (B) The provisions of subsection (A) above shall be applicable to parking facilities of apartment houses, condominiums and nonprofit organizations. - 38- Section 22-149.7. Illegal Towing. (f) for any tow truck service or operator to charge a basic fee of more than $.2i5.7e9 $30.00 for towing between the hours of 7:00 A.M. and 7:00 P.M. and f,4@rgg $40.00 for towing between the hours of 7:00 P.M. and 7:00 A.M., plus a maximum additional fee for the use of the accessory equipment or service not to exceed $10.00 when necessary to move or prepare for movement of a vehicle from any private or public property without the prior consent and agreement of the owner or custodian of the vehicle to be moved or towed; (g) for any tow truck service or operator to charge more than "rG@ $4.00 per twenty-four (24) hour period for storage charges, after an initial period of twenty-four (24) hours, for a vehicle removed from private property without the consent of the owner or custodian of the vehicle. Adopted by the Council of the City of Virqinia Beach, Virginia on the 20 day of April 1981 MES/ih APPROVED As 'rO CO'4@tzi4i- 3/10/81 (B) SIGNATURE E)EPARTt,AENT EY -2- - 39- ITEM II-I.l.b ITEM #16574 Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Section 2-56.3 of the Code of the City of Virginia Beach, Virginia, pertaining to fees charged by the Department of Police for furnishing copies of certain reports and records. Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry McCoy, Jr., D.D.S., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Ncne - 40 - R@,quested by Police Department AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-56.3 OF THE CODE OF THE CITY OF VIRGINIA BEACH, PERTAINING TO FEES CHARGED BY THE DEPARTMENT OF POLICE FOR FURNISHING COPIES OF CERTAIN REPORTS AND RECORDS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-56.3 is hereby amended and reordained as follows: Section 2-56.3. Same--Fees. For the above services the following fees shall be charged: Photostatic copy of accident report ..... $2709 $3.00 Photostatic copy 6f offense report ...... $QTGO S3.00 Record check by name (local record only).$2TOO $3.00 Record check and report by name (local on+y) ........................ @-279(4 $3.00 Fingerprinting of in(lividuals on request.tp-2-.00 $3.00 Pullinq ftn offense report to be-v-iewea review only .......................... 07S(4 $1.00 Photographs (8xlO) of motor vehicle accidents, only after e44 criminal charges have been disposed of by t@e court-each print ............. $3.00 Process bingo permit record process ............ $5.00 Dance hall permit record process ............... $5.00 Block party permit record process .............. $5.00 Turkey shoot permit record process ............. $5.00 Outdoor entertainment permit process ........... $5.00 Parade/Walkathon, etc. Permit Process .......... $5.00 Circus Permit Record Process ................... $5.00 Process Record Check for Taxi Owner Renew ...... $5.00 Precibus Metals Permit ......................... $5.00 This ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Reach, Virginia, on the 20 day of April 1981 MES/kq/ih 3/16/81 (B) - 41- L 0 W B I D S ITEM II-I.2.a ITEM #16575 The following bids have been received for the Witchduck Road Pump Station a-nd Force Main, in the Bayside Borough: Van de Riet Construction Company, Inc. $102,875.00 Hunt Contracting Corporation $105,357.00 Crowder Contracting Company, Inc. $107,700.00 Gavco Corporation $111,111.00 Luke Construction Company, Inc. $122,800.00 Challenge Construction, Inc. $152,000.00 Engineer's Estimate $145,000.00 Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Van de Reit Construction Company, Inc., in the amount of $102,875.00 for the Witchduck Road Pump Station and Force Main, in the Bayside Borough; AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. Funds are available. Voting: 11-0 Council Members Voting Aye: Jobn A. Baun, F. Reid Ervin,* Vir-e @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @CLmm, Mayor J. @ @Coy, Jr., D.D. S. , Donald W. @ick, @yera E. Oberndc)rf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None *COUNCILMAN ERVIN VOICED A VERBAL "AYE". - 4 2- A P P 0 I N T M E N T S ITEM II-J.1 ITEM #16576 Upon motion by Councilman Holland, seconded by Councilman Standing, City Council voted to REAPPOINT Mrs. Walker (Ethel) Howren to the HISTORICAL REVIEW BOARD for a term of two [2] years, ending April 24, 1983. Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. YicClanan, @yor J. @ @Coy, Jr., D.D.S., Donald W. Yierrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: None -43- U N F I N I S H E D B U S I N E S S ITEM II-K.1 ITEM #16577 Attorney James Evans appeared in behalf of the applicant, Crosby Construction Company, requesting a ninety (90) day extension on the stipulation of presenting to the City Attorney for review and aporoval, a legal document restricting the number of condominium units to forty-eigh (48); and, the document is to be recorded in the Clerk of Circuit Court's Office within thirty (30) days. (march 16, 1981, Item #16396) Upon motion by Councilman Holland, seconded by Councilman Kitchin, City Council voted to APPROVE the request of James Evans, Attorney for Crosby Construction Company, for a ninety (90) day extension on the stipulation of presenting to the City Attorney, for review and approval, a legal document restricting the nxnber of condominum units to forty-eight (48); AND, the document is to be recorded in the Clerk of Circuit Court's Office within thirty (30) days. (July 20, 1981) Voting: 11-0 Council Members Voting Aye; John A. Bam, F. Reid Ervin, Vice Mayor Rarold Heischober, Barbara M. Henley, Clarence A. Holland M. D. W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standng Council members Voting Nay: None Council members Absent: None - 4 4- ITEM II-K.2 ITEM #16578 Councilwoman Henley requested a report from the@Council's Citizen Conmittee as to the persons wishing to speak before Council ITEM II-K.3 ITEM #16579 The City Clerk advised Council the residents of Dillon Drive will be attending the next Council meeting (27 April 1981), to discuss the sewage problems in the area of Plaza Apartments, as was approved by Council's Citizen Connittee. ITEM II-K.4 ITEM #16580 Councilman Merrick requested Council bring to the Budget Workshop a list of the additions to this year's Budget. ITEM II-K.5 ITEM #16581 Councilman Kitchin made reference to a letter to Reverend Thorogood from Julian Raskin concerning the accreditability of a report received from the Citizens Advisory Committee for Housing and Community Development. -4 5- A D J 0 U R N M E N T ITEM II-M.1 ITEM #16582 Upon motion by Councilman Standing, the meeting adjourned at 4:07 p.m. Diane M. Deputy City er ',c Kuth Hociges SMith, City Gierk Mayo Hen i S. City of Virginia Beach, Virginia 20 April 1981 dmh/asd