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HomeMy WebLinkAboutAPRIL 27, 1981 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR 1. HENRY M,COY JR.. D.D.S.. K-p..,Ii. B...Ib VICE-AIAYOR HAROLD IFEISCHOBER. A, L.,g. )OHN A. BAUM, @rb F. REID ERVIN. A, L.,. BARBARA M. HENLEY. P..,. B-gb CLAREtJCE A. HOLLAAID. bLD., B.y.,d. B...gb W. H. KITCHIN, lit, Viti.i. B-.b B.-gb REBA S. 14,CLANAN, Pli-... A-. B...gb DONALD W. MERRICK, Ly-b-- B...Cb MEYERA E. OBERNDORF, A, L.,t. 212 CITY HALL BUILDINC PATRICK L. STANDING. A, L.,,. MUNICIPAL CEKTER VIRGINIA BEACH. VIRGINIA 23436 RUTH HODGES SMITH. Cil, Cl.,k (80414Z7-4303 CITY COUNCIL AGENDA April 27, 1981 ITEM I INFORMAL SESSION 5:30 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. Atlantic Avenue Parking: Discussion. 4. Subdivision Agreement for Thalia Trace: Discussion of convey- ance of open space and fact that there is no civic league or homeowners' association. ITEM II FORMAL SESSION 7:00 p.m. A. INVOCATION: Reverend Dean Hertzler Grace Brethern Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of April 20, 1981. ITEM II E. 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. Ordinance, on FIRST READING, to amend and reordain Section 20-76, Chapter 20 of the Code of the City of Virginia Beach relating to levy of alcoholic beverage license taxes. 2. orainance to amend and reordain Section 27-15 of the Code of the City of Virginia Beach relating to the assessment for the use of the Public Law Library. 3. ordinance to authorize a temporary encroachment into a portion of the right-of-way of Vanderbilt Avenue to Albert W. Lilley, Jr. 4. Request of Tidewater Rape Information services (TRIS) for a aingo/-Raffle permit application. 5. Request ofthe City Treasurer for tax refunds in the amount of $274.02. F. PLANNING ITEMS 1. Ordinance to amend and reordain Article 1, Section III, of the Comprehensive Zoning Ordinance pertaining to definition of housing for the elderly; AND, an Ordinance to amend and reordain Article 2, Part C, of the Comprehensive Zoning Ordinance pertaining to housing for the elderly. a. Letter from the City Manager transmits the recommendation of the Planning Commission for al. 2. Ordinance to amend and reordain Article 10, Section 1001 of the Comprehensive Zoning Ordinance pertaining to use regulations in the I-1 Light Industrial District. a. Letter from the City Manager transmits the recommendation of the Planning Commission for o, . 3. Ordinance to amend and reordain Article 8, Section 802 of the Comprehensive Zoning Ordinance pertaining to minimum lot width in the 0-1 office District. a. Letter from the City Manager transmits the recoii,aendation of the Planning Commission for al. ITEM II F. PLANNING ITEMS (continued) 4. Ordinance to amend and reordain Article 3, Section 301 of the Comprehensive Zoning Ordinance pertaining to use regulations for colleges and universities. a. Letter from the City Manager transmits the recommendation of the Planning Commission for al. 5. Ordinance closing, vacating and discontinuing a portion of that certain Street of variable width known as CRANSTON LANE located in Lynnhaven Borough of the City of Virginia Beach. a. Letter froin the City Manager transmits the recommendation of the Planning Commission and the Viewers for G. ORDINANCES 1. Ordinance to add Section 20-90.1 to the Code of the City of Virginia Beach, pertaining to public meetings, addresses and demonstrations in public parks and facilities. H. APPOINTMENTS 1. Community Services Board 1. UNFINISHED BUSINESS J. NEW BUSINESS 1. Dillon Drive/Plaza Apartments X. ADJOURNMENT 1. Motion to adjourn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 27 April 1981 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Conference Room, City Hall Building, on Monday, 27 April 1981, at 5:32 p.m. Council Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: Donald W. Merrick ITEM #16581 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 consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. (Personnel Matters). 2. Consultation 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). - 2- Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye; John A. Baum, F. Reid Ervin, Vice Mayor Harold Heis chober, 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: Donald W. Merrick - 3- M A T T E R S B Y T H E M A Y 0 R BUDGET HEARING ITEM #16582 Mayor McCoy advised Council that for the Public Hearing on the proposed Budget on May 4, 1981, 135 people have registered to speak. The regular agenda items will be heard before the Public Hearing for the Fiscal Year 1981-82. Council will recess from 6:00 p.m. to 7:00 p.m., and requested two members of the press to be present during that recess. BUDGET/SECOND READING ITEM #16583 Mayor McCoy requested a time be established for the May 15, 1981 Special Session and the Second Reading of the Budget. It was the consensus of Council to have the Second Reading at Two o'clock in the afternoon. STATE WATER CONTROL BOARD ITEM #16584 Mayor McCoy advised Council the meeting with the State Water Control Board will be on Monday, May 4, 1981, in Suffolk, and requested the City Manager have a representative of his Staff present. COLLIERS IN CHESAPEAKE BAY ITEM #16585 There will be a second meeting with the State Water Control Board on May 4, 1981, to discuss the Colliers in the Bay. Council was advised that Michael Barrett, Assistant to the City Manager, would attend. M A T T E R S B Y C 0 U N C I L M E M B E R S BUDGET WORKSHOP ITEM #16586 Councilman Holland requested the workshop on the Budget to be held May 7, 1981, be rescheduled to Tuesday, May 5, 1981, at 7:00 p.m.. - 4- I N F 0 R M A L S E S S I 0 N ALCOHOLIC BEVERAGE LICENSE TAX ITEM #16587 The City Manager advised Council that the Ordinance to amend and reordain Section 20-76, Chapter 20 of the Code of the City of Virginia Beach relating to levy of alcoholic beverage licenses taxes will require a second reading prior to May 1, 1981, and requested a Special Meeting on Wednesday, April 29, 1981, at 7:00 p.m. ATLANTIC AVENUE PARKING ITEM #16588 The City Manager advised that in October of 1980, the City Council appointed the Oceanfront Parking Plan Steering Committee and charged it with developing a Parking Plan for the Oceanfront, and thanked the members of the Committee for the time they put into this Plan. Mr. Art Collins presented to Council a report of the Virginia Beach Oceanfront Parking Plan, a copy of which has been made a part of these proceedings. Members of the Oceanfront Parking Plan Committee are as follows: JOSEPH HAWA SKIP HENDRIX JAMES OWENS NANCY PARKER EDMUND RUFFIN HARRY SANDLER The City Manager advised he will continue to permit parking on the West side of Atlantic Avenue from May 1 through September 30, with parking meters in operation during this time. There will be no parking on the East side of Atlantic Avenue. The City Manager advised t hat all Charter Busses will be required to purchase a parking permit and park at the Pavilion to prevent any busses on Atlantic Avenue. The City Manager will be bringing to Council for their consideration two Ordinances. The first will be on Twenty-Four Hour Parking Meters; and, the second will be the Charter Busses required to purchase a Parking Permit . - 5- THALIA TRACE ITEM #16589 The City Manager advised Council that the developer of Thalia Trace had signed an agreement whereby he would deed to the Civic League or Homeowners Association a 1.6-acre parcel of land for open space; however, the subdivision does not have a civic league or homewowners as soc iat ion. The City is not permitting the developer to build on his land until the stipulation has been met. It was requested the City waive the stipulation thereby permitting the developer to develop his property; however, if a civic league or homeowners association is formed,the 1.6-acre parcel will be deeded to them, and if no civic league or homeowners association is formed within five (5) years,the land will revert back to the developer. City Council recessed into EXECUTIVE SESS10N, (6:15 p.m.) 6 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 27 April 1981 7:00 p.m. Council Members Present; John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: Donald W. Merrick INVOCATION: Reverend Dean Hertzler Pastor Grace Brethern Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 7- M I N U T E S ITEM II-D.1 ITEM #16590 Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to DEFER ONE WEEK the Minutes of the Regular Meeting of 20 April 1981. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 8- R E S 0 L U T I 0 N S ITEM #16591 Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the issuance of $5,300,000 Bond Anticipation Notes. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 9- At a Regular Meeting of the Council of the City of Virginia Beach, Virginia, held on the 27th day of April, 1981, at which the following Members were present and absent: PRESENT: Councilman John A. Baum Councilman F. Reid Ervin Vice Mayor Harold Heischober Councilwoman Barbara M. Henley Councilman Clarence A. Holland, M.D. Councilman W. H. Kitchin, III Councilwoman Reba S. McClanan Mayor J. Henry McCoy, Jr., D.D.S. Councilwoman Meyera E. Oberndorf Councilman Patrick L. Standing ABSENT: Donald W. Merrick the following Resolution was adopted by the affirmative roll call vote of at least two-thirds of the Members of the Council, the ayes and nays being recorded in the Minutes of the meeting as shown below: MEMBER VOTE Councilman John A. Baum Aye Councilman F. Reid Ervin Aye Vice Mayor Harold Eeischober Aye Councilwoman Barbara M. Henley Aye Councilman Clarence A. Holland, M.D. Aye Councilman W. H. Kitchin, III Aye Councilwoman Reba S. McClanan Aye Mayor J. Henry McCoy, Jr., D.D.S. Aye Councilwoman Meyera E. Oberndorf Aye Councilman Patrick L. Standing Aye WHEREAS, by Ordinance and Resolution adopted on March 24, 1980, the Council of the City of Virginia Beach authorized the issuance of $9,100,000 Water and Sewer Revenue Bonds (the Revenue Bonds), of the City of Virginia Beach to provide funds, together with other available funds, for coristructing improvements and extensions to the water and sewer facilities of the City; and, WHEREAS, the Resolution authorizing the Revenue Bonds also authorized the issuance of Negotiable Notes in anticipation of the issuance and sale of the Revenue Bonds and Notes in the aggregate -10- princ ipal amount of $5, 300 000 issued pursuant to such Reso lut ion mat ur e on May 14, 1981, (the Maturing Notes); and, WHEREAS, by Ordinance adopted August 27, 1980, the Council authorized the issuance of $46,000,000 General Obligation Water and Sewer Bonds (the General Obligation Water and sewer Bonds), to provide funds, together with other available funds, for continuing the City's improve- ment program for its water and sewer system; and, WHEREAS, on November 4, 1980, a majority of the qualified voters of the City voting on the question of tbe issuance of the General Obligation Water and Sewer Bonds at an election held in the City approved the issuance of such Bonds; and, WHEREAS, the Council desires to issue $5,300,000 Notes in anticipation of the issuance of the General Obligation Water and Sewer Bonds and to use the proceeds of such Notes to retire the Maturing Notes; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City of Virginia Beach shall issue and sell the General Obl@igation Water and Sewer Bonds at such time and in such manner as the Council shall hereinafter determine; provided, however, that such Bonds shall be sold at such time or times as may be required by law for the payment of the Bond Anticipation Notes hereinafter authorized. 2. The Council hereby authorized to borrow $5,300,000 in anticipation of the issuance and sale of the General Obligation Water and Sewer Bonds and for the purpose of retiring the Maturing Notes. 3. Such borrowing shall be evidenced by one or more Negotiable Notes of the City. The Notes shall be without coupons, shall be executed by the City Manager or the Mayor with the City Seal to be affixed and attested by the Clerk or a Deputy Clerk, shall bear interest at such rate or rates not to exceed 12% per year and shall mature at such time or times not later than May 14, 1982, all as the person executing such Notes may be determine to be in the best interest of the City. The Notes shall be sold to such one or more financial institutions or other sources as the person executing such Notes may -11- determine to be in the best interest of the City. 4. The Notes authorized hereby shall be retired from the proceeds-of the General Obligation Water and Sewer Bonds, and the proceeds of such Bonds shall be used for no other purpose until the Notes have been retired or provision made for their retirement. In addition, the full faith and credit of the City of Virginia Beach are hereby irrevocably pledged to the payment of principal of and interest on such Notes. 5. This Resolution shall take effect immediately. The TJndersigned Clerk of the City of Virginia Beach, hereby certifies that the foregoing constitutes a true and correct extract from the Minutes of a Regular Meeting of the Council of the City of Virginia Beach held on the Twenty-Seventh day of April, 1981, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my hand in the Seal of the City of Virginia Beach, Virginia, this Twenty-Seventh day of April, 1981. (SEAL) Clerk, City of Virginia Beach, Virginia - 1 2 - ITEM #16592 Upon motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the City Council to borrow up to $6,000,000 in Charter Bond Anticipation Notes. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 1 3- At a Regular Meeting of the Council of the City of Virginia Beach, Virginia, held on the 27th day of April, 1981, at which the following Members were present and absent: PRESENT: Councilman John A. Baum Councilman F. Reid Ervin Vice Mayor Harold Heischober Councilwoman Barbara M. Henley Councilman Clarence A. Holland, M.D. Councilman W. H. Kitchin, III Councilwoman Reba S. McClanan Mayor J. Henry McCoy, Jr., D.D.S. Councilwoman Meyera E. Oberndorf Councilman Patrick L. Standing ABSENT: Donald W. Merrick the following Resolution was adopted by the affirmative roll call vote of at least two-thirds of the Members of the Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Councilman John A. Baum Aye Councilman F. Reid Ervin Aye Vice Mayor Harold Heischober Aye Councilwoman Barbara M. Henley Aye Councilman Clarence A. Holland, M.D. Aye Councilman W. H. Kitchin, III Aye Councilwoman Reba S. McClanan Aye Mayor J. Henry McCoy, Jr., D.D.S. Aye Councilwoman Meyera E. Oberndorf Aye Councilman Patrick L. Standing Aye WHEREAS, the issuance and sale of $17,000,000 Public Improvement Bonds of the City of Virginia Beach was authorized by Ordinance of the Council of the City of Virginia Beacb adopted on April 6, 1981; and, WHEREAS, the Council considers it desirable to borrow money in anticipation of the issuance and sale of sucb Bonds and for the purpo-ses for which such Bonds have been authorized. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City of Virginia Beach shall issue and sell the $17,000,000 Public Improvement Bonds heretofore authorized at such -1 4- time and in such manner as the Council shall bereafter determine; provided, however, that such Bonds shall be sold at such time or times as may be. required by law for the payment of the Bond Anticipation Notes hereinafter authorized. 2. The Council is hereby authorized to borrow, at one time or from time to time, up to $6,000,000 in anticipation of the issuance and sale of such Bonds and for the purposes for which such Bonds have been authorized. 3. Such borrowing shall be evidenced by one or more negotiable Notes of the City. The Notes shall be without coupons, shall be executed by the City Manager or Mayor with the City's Seal to be affixed and attested by the Clerk or a Deputy Clerk, shall bear interest at such rate or rates not to exceed 12% per year, and shall mature at such time or times not later than May 1, 1982, all as the person executing such Notes may determine to be in the best interest of the City. Such Notes shall be sold to such one or more financial institutions or other sources as the person executing the Notes may determine to be in the best interest of the City. 4. The Notes authorized hereby shall be retired from the proceeds of the Bonds described above, and the proceeds of the Bonds shall be used for no other purpose until the Notes have been retired or provision made for their retirement. In addition, the full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on such Notes. 5. This Resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the Minutes of the Regular Meeting of the Council of the City of Virginia Beach on the Twenty-Seventh day of April, 1981, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my hand and the Seal of the City of Virginia Beach, Virginia, this Twenty-Seventh day of April, 1981. (SEAL) Clerk, City of Virginia Beach, Virginia -1 5- C 0 N S E N T A G E N D A ITEM II-E.1 ITEM #16593 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT on First Reading the Ordinance to amend and reordain Section 20-76 Chapter 20, of the Code of the City of Virginia Beach, Virginia, relating to levy of alcoholic beverage license taxes. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick -1 6- AN ORDINANCE TO AMEND AND REORDAIN SECTION 20-76, CHAPTER 20 OF THE CODE OF THE CITY OF VIRGINIA BEACH LEVY OF ALCOHOLIC BEVERAGE LICENSE TAXES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 20, Section 20-76 is hereby amended and reordained as follows: SECTION 20-76 - LEVY OF TAX Every person engaged in manufacturing, bottling, selling and dispensing alcoholic beverages, shall pay license taxes in the following sums: (a) For each distiller's license, if more than five thousand gallons of spirits are manufactured during the license year, including bottling, 4.599@90 -$1,000.00 per annum. (b) For each winery license, $1,000.00 per annum. (c) For each brewery license, including bottling, @-590@90 $1,000.00 per annum. (d) For each bottler's license, 4ag@799 $500.00 per annum. (e) For each wholesale beer license, $250.00 per annum. (f) For each wholesale wine distributor's license $50.00 per annum. (g) For each wholesale druggist's license, $10.00 per annum. Repealed Repealed Repealed (k) Repealed (1) For each banquet license, $5.00. (m) For each retail on-premises wine and beer license for a hotel, restaurant, or club; and, for each retail off-premises wine and beer license, $150.00 per annum. - 1 7- (n) For each retail on-premises beer license for a botel, restaurant, or club; for each retail off-premises beer license; and, for each druggist license, $100.00 per annum. (p) For each fruit distiller's license, $1,500.00. (q) For each hospital license, $10.00 per annum. THIS ORDINANCE SHALL BECOME EFFECTIVE MAY 1, 1981. FIRST READING: April 27, 1981 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981. -1 8- ITEM II-E.2 ITEM #16594 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Section 27-15 of the Code of the City of Virginia Beach relating to the assessment for the use of the Public Law Library. Vot in g 10-0 Council Members Voting Aye: John A. Baur% 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: Donald W. Merrick 1 9- REQUESTED BY: DEPARTMENT OF FINANCE AN ORDINANCE TO AMEND AND REORDAIN SECTION 27-15, OF THE CODE OF THE CITY OF VIRGINIA RELATING TO THE ASSESSMENT FOR THE USE OF THE PUBLIC LAW LIBRARY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 27-15 of the Code of the City of Virginia Beach, Virginia, is hereby amended to read as follows; Section 27-15. Created: Assessments. Pursuant to Section 42.1-70, Code of Virginia, 1950 as amended, the City hereby creates and establishes a Public Law Library, and does hereby impose and provide an assessment as part of the costs incident to each civil action filed in the Circuit Courts and the District Courts, located within the boundaries of the City, a sum of Two Dollars ($2.00), aft4 for each civil action filed. This Ordinance shall be effective on and after July 1, 1981. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27 day of April 1981. - 20- ITEM II-E.3 ITEM #16595 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Vanderbilt Avenue to Albert W. Lilley, Jr. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin,'Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holiand, 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: Donald W. Merrick - 2 1 - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF VANDERBILT AVENUE TO ALBERT W. LLLLEY, JR. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Albert W. Lilley, Jr., of Lot 6, Block 25, Croatan Beach is authorized to construct and maintain a temporary encroachment into the right-of-way of Vanderbilt Avenue. That the temporary encroachment herein authorized is for the express purpose of installing and maintaining a well adjacent to his property known as Lot 6, Block 25, Croatan Beacb and that said encroachment shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to si ze, al ignment and locat ion, and fur t her t hat such tempo rary encroach- ment is more particularly described as follows: An area of encroach@nt into a portion of the City's right-of-way of Vanderbilt Avenue as shown on that certain plat entitled: "Site Plan Of Lot 6, Block 25, Resubdivision of Part of Croatan Beach, Virginia Beach, Virginia, For A. W. Lilley, Jr." dated February 12, 1981, a copy of which is on file in the Virginia Beach Department of Public Works to which reference is made for a more particular description. PROVIDED, HOWEVER, that such temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Albert W. Lilley, Jr., his heirs, assigns and successors in title and witbin thirty (30) days after sucb notice is given, said encroachment shall be removed from the City right-of-way of Vanderbilt Avenue and that Albert W. Lilley, Jr., his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Albert W. Lilley, Jr., his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach - 2 2- its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of said encroachment. AND, PROVIDED FURTHER, this Ordinance shall not be in effect until such time that Albert W. Lilley, Jr., executes an agreement with the City of Virginia Beach encompassing the aforementiciied provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day f April 1 9 81. Approval is subject to the following conditions: 1. The applicant must remove the well immediately and without protest or appeal, upon notification that utility installation is imminent. Upon notice by the City, the encroachment shall be removed within thirty (30) days at the owner's expense. 2. The encroachment shall be erected and maintained in accordance with the specifications of the Department of Public Works. 3. The City shall be held harmless from all liabilities and claims relating to this encroachment. 4. This encroachment shall not be authorized until Mr. Lilley executes an agreement encompassing the above provisions. - 2 3- ITEM ii-E.4 ITEM #16596 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of Tidewater Rape Information Services (TRIS) for a Bingo/Raffle Permit. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 24- ITEM II-E.5 ITEM #16597 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the City Treasurer for tax reflinds in the amount of $274.02. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick