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MARCH 20, 1978 CITY OF VIRGINII BEICI MUNICIPAL CENTER @t ity" .q VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLI.AND, M.D., B.y@id@ B.,@.gh J. HENRY M,COY, ],, D.D.S., B@,..gb VICE MAYOR PATRICK L. STANDING, At L.,g, MEYERA E. OBERNDORF, A, L.,g@ JOHN A. BAUM, B.,@.gb J. CURTIS PAYNE, P,i.,@,, A..@ B .... gb ROBER7 B. CROMWELL., J,., A, L.,,@ ROGER L. RIGGS, Vi,,i@i. B@.,b B.-@gb GEORGE R. FERRELL, A, L.,g@ FLOYD E. WATERFIELD, I,., P..g. B .... gh JOHN R. GRIFFIN, Ly..b.,@- B .... gb A G E N D A RICHARD J. WEBBON, Cily Cl@,k THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, WILL ASSEMBLE IN THE ADMINISTRATION BuILDING, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, IN REGLILAR SESSION, AT 1:00 P.M., ON MONDAY, MARCH 20, 1978 FOR THE PURPDSE OF CONDUCTING PUBLIC BUSINESS AND WILL HEAR AND ACT L)PON THE FOLLOWING ITEMS, 1. CALL TO ORDER BY THE HONDRABLE CLARENCE A. HOLL-AND, MAYOR, IN THE COUNCIL CONFERENCE Room. 2. ROLL CALL OF THE COUNCIL. 3. MOTION TO RECESS INTO INFORMAL DISCUSSION AND EXECUTIVE SESSION. UPON CONCLUSION OF THE EXECUTIVE SESSION, CITY COUNCIL WILL RECONVENE IN THE CITY COUNCIL CHAMBERS. 4. INVOCATION WILL BE GIVEN AT 2:00 P.M., BY THE REVEREND EDGAR E. WILBUR, BAYSIDE UNITED CHURCH OF CHRIST, VIRGINIA BEACH, VIRGINIA. PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE. 5. ROLL CALL OF THE COUNCIL. 6. MINUTES OF THE REGULAR MEETING OF MARCH 13, 1978 TO BE PRESENTED FOR ACCEPTANCE AND APPROVAL. 7. 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. A. LETTER FROM THE CITY MANAGER RECOMMENDING DENIAL OF THE PETITION OF ELTON E. WOOD AND GWENLYN M. WOOD FOR THE CLOSURE OF A PORTION OF GREENSBORO AVENUE (VIRGINIA BEACH BOROUGH). B. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE PETITION OF THE CITY OF VIRGINIA BEACH FOR THE CLOSURE OF A PORTION OF KELLAM ROAD (KEmpsvILLE BOROUGH). C. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR SEWER AND WATER FOR THE NEWLIGHT PROJECT AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-WAY BY AGREEMENT OR BY CONDEMNATION. D. LETTER FROM TFE CITY MANAGER RECOMMENDING APPRDVAL OF A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND BILL OF SALE FOR THE SEWERAGE TRANSMISSION LINE DESIGNATED AS "HAMPTON ROADS SANITATION DISTRICT SOUTH SHORE SYSTEM, HILLTOP- POINT O' WOODS INTERCEPTOR FORCE MAIN." E. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE LOW BID oF GEORGE JENSEN, INC., IN THE AMOUNT OF $59,416, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS FOR THE IMPLEMENTATION OF THIS PROJECT. F. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE REQUEST OF MR. JOHN ATKINSON, TREASURER, FOR TAX REFUNDS IN THE AMOUNT OF $1,362.36. G. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE FOLLOWING BINGO/RAFFLE PERMITS: BINGO RomA LODGE 0254 ORDER SONS OF ITAL.Y OF AMERICA (RENEWAL) RAFFLE PRINCEss ANNE JUNIOR HIGH BOOSTER CLUB 8. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COr44ISSION FOR APPROVAL OF THE PETITION OF NoNNi, COHEN, WEISBERG AND CLARK COMPANY FOR A CHANGE OF ZONING FROM A-1 APARTMENT DISTRICT TO B-2 COMMUNITY-BusiNEss DISTRICT ON A 6.2 ACRE PARCEL AND FOR A CHANGE OF ZONING FROM B-2 COMMUNITY-BUSINESS DISTRICT TO A-1 APARTMENT DISTRICT ON A 3.8 ACRE PARCEL, BOTH LOCATED ON THE NORTH SIDE OF HOLLAND ROAD, WEST OF SOUTH PLAZA TRAIL (KEMPSVILLE BOROL)GH) 9. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE PETITION OF CHESAPEAKE INVESTMENT COMPANY FOR CHANGES OF ZONING FROM B-1 BUSINESS-RESIDENTIAL DISTRICT AND A-1 APARTMENT DISTRICT TO R-6 RESIDENTIAL DISTRICT, AND FROM A-1 APARTMENT DISTRICT AND R-6 RESIDENTIAL DISTRICT TO B-2 COMMUNITY BUSINESS DISTRICT. THIS SERIES OF REZONING, TOTALLING 124.67 ACRES. IS LOCATED ON THE SOUTH SIDE OF INTERSTATE 64, EAST OF THE CHESAPEAKE CITY LIMITS, IN THE COLLEGE PARK AREA (KEMPSVILLE BOROUGH) lo. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE PETITION OF GEORGE J. PARKER FOR A CHANGE OF ZONING FROM R-5 RESI- DENTIAL DISTRICT TO B-1 BUSINESS-RESIDENTIAL DISTRICT ON A 7,400 SQUARE FOOT PARCEL LOCATED ON THE WEST SIDE OF SOUTH GREAT NECK ROAD, NORTH OF POTTERS ROAD (LYNNHAVEN BOROUGH) ii. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE PETITION OF RL)BY ANN DUNN FOR A CHANGE OF ZONING FROM R-5 RESIDENTIAL DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT ON A 1.95 ACRE PARCEL LOCATED ON THE NORTH SIDE OF NEWTOWN ROAD, WEST OF BROAD MEADOWS BOULEVARD (BAYSIDE BOROUGH) 12. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF TF-E PLANNING COMMISSION FOR APPROVAL OF THE PETITION OF W. NICK WRIGHT FOR A CHANGE OF ZONING FROM R-4 RESIDEN- TIAL DISTRICT TO AG-1 AGRICLLTURAL DISTRICT ON A 26 ACRE PARCEL LOCATED AT THE EASTERN EXTREMITY OF PAINTERS LANE (PRINCESS ANNE BOROUGH). MR. WRIGHT HAS ALSO APPLIED FOR A CONDITIONAL USE PERMIT FOR A RIDING STABLE TO BE LOCATED ON THIS SITE. IT IS RECOM- MENDED THAT THESE REQUESTS BY CONSIDERED CONCURRENTLY. 13. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF ROGER NONNI FOR A CONDITIONAL USE PERMIT TO BOARD HORSES ON A 13.6 ACRE PARCEL LOCATED EAST OF HOLLAND ROAD, SOUTH OF SHIPPS CORNER ROAD (PRINCESS ANNE BOROUGH) 14. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL DEFER FOR TWO WEEKS THE PETITION OF CHARLES E. LEE. JOHN F. LEE, MICHAEL N. CHESSON, AND KAY H. CFESSON FOR THE CLOSURE OF A PORTION OF HILLVIEW BOU-EVARD (KEMPSVILLE BOROUGH) 15. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-34 OF THE CODE OF THE CITY OF VIRGINIA BEACH, RELATING TO PROMOTIONS. 16. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE FOLLOWING ORDINANCES: A. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 6 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING A NEW SECTION RELATING TO THE OPERATION OF MOTOR BOATS. B. AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 6 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING THERETO SECTION 6-12.1 RELATING TO MOORING OR TYING UP OF BOATS TO CHANNEL MARKERS, BUOYS. ETC. C. AN ORDINANCE TO REPEAL SECTIONS 6-25.1, 6-26, 6-27, 6-28 AND 6-29 OF THE CODE OF THE CITY OF VIRGINIA BEACH. 17. LETTER FRDM THE CITY MANAGER RECOMMENDING APPROVAL OF AN ORDINANCE To ACCEPT A GRANT TOTALLING $49,153 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS. 18. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF AN ORDINANCE TO AMEND AND REORDAIN MINUTES OF THE HONORABLE CITY COUNCTL OF THE CTTY OF VTRGINTA BEAC14, VIRGINIA March 20, 1978 The regular meeting of the Council of the Citv of Virginia Beach, Virginia, was I called to order by Mayor Clarence A. Holland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, March 20, 1978, at 1:00 P.M. Council Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. ITEM #11892 Mayor Holland entertained a motion to permit Council to conduct an 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. 2. Investing of public funds where competition or bargaining are involved where, if made public initially, the financial interest of the governing unit would be adversely affected. 3. Consultation with legal counsel and briefing by staff me-,nbers, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Vice Mayor Standing, seconded by Councilman Waterfield, and bv re- corded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick I,. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to proceed into the executive session following the informal meeting. TTEM #11893 Tlie City Manager stated he forwarded to Council for informational purposes an historic account of the Southeastern Public Services Authority and the united effort towards the resolution of two major concerns: 1. Adequate water source 2. Refuse disposal program On August 8, 1977, this Council adopted a resolution affirming its agreement and willingness to underwrite the Resource Recovery Program, not to exceed $605,000, however, the bonding attorneys stated there should be ordinances passed by Council instead of resolutions, and each municipality who had previously endorsed this program would, again, have to vote. This matter will be brought up for discussion and vote in the formal meeting. 3 / 2 0 / 7 8 - 2 - ITEM #11894 At 2:00 p.m., City Council reconvened in the Council Chambers with the following members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by the Reverend Edgar E. Wilbur, Bayside United Church of Christ, followed by the Pledge of Allegiance. ITEM #11895 On motion by Councilman Ferrell, seconded by Vice Mayor Standing, and by re- corded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of March 13, 1978, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #11896 On motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to deny the following ordinance closing, vacating and discontinuing a portion of Greensboro Avenue, Virginia Beach Borough, Virginia Beach, Virginia: 3 / 2 07 8 - 3 - As ORDINABICE CLOSING, VICATING AND UISCOWINUING A POIRTION C)F GREENSEMO AVEWE, VIRGIbilA BEACH BMCUGE, VIRGINIA BEACH, VIRGIBIA WHE@ , proper notice that Elton 1. Wood &mvcr %Nenlyn M. Wood would make application to the City Council etf the City of Virginia Beach, Virginia, to have the hereinafter @@,descrlbed portioiL of Greensbarokvenue closed, vacated and diaccutlased as a publ:tc road of the City of Virginia leach was duly posted at the Courthouse of the Circuit Court and at two pub3.ic places in the City of Virginia Reach, Virginia on tke _ day of January, 1978. @M", the land proprietors affeated thereby have been O" notified; said applicatica was m;ade to the City Flaming Comission and to the City rouncil, of the City of Virginia lowh and pursuant to the statutes in s@ cases made and provided, the @cil appointed Viewers who have reported to the Council that no inconvenionce to the public or to private indivuusls would result from such closing, vacation, and discont ; md umm" , the City Planning Commission after proper not:tee an)d hearing, has reported thereto to the Council,,, and WERY@AA, It :Ls the judgmen-t of the Council that said partion of @esebaro Avenue should be closed, vacated and 41"arAtUmd; 10 THEREFORE, BE IT ORDAIUD BY THE COUNCIL OF THE CITY OF VIRGINIA BLACIL, VIF&INUT 1. That the cert@ portion of Greensboro kvo=e described an follows in the Borough of the City of Virginia BeackL, V:Lrginia, known as the Beach Borougl4 In SUdow LawiL @ghts, and more particularly described as followas All of that portion of Greensboro Avenue as shown an the Nap of Shadow LawiL Heights, V:Lrg:tnta beach$ Virginia famerly PrinceS3 AnnO Co. which plat was made in Aprll 1924 by J390. U. IIL, C.B., ot al, and Is duly rocarded in tlie C3ioriLls Office of the C:Lrcult Court of the City of Virginia beacil, Virginia, in Rap looll 7, at page IL4. and being all of that portioil of Greensboro Avenue lyini be@n two parcels of land belon4ging to ltlton 1. Wood and UeaM R. Wood, in block 30 and Rock 29, and being all of fteenaborc Av@ running in a westerly direction, adjaceilt and a4@- ing the two red parcels of land aforeinsiltioned, dowxl into THE COVE OF LAKE RUDEE. All of said street In west of iiedlterraneazL Avenue and east of THE COVE OF LAO RUDEE. 3 / 2 0 / 7 8 - 4 - 2. That 30 days after this date a copy of this Ordinance, certified by the Clerk, be spread upon the public records in the C]-ork's Office of the Circuit Court of the City of Virginia iteack and indexed in like @r as a deed to lands* Adopted by the City of Virginia be@, Virgin:La ca the day of , 1978. CLOSURE DENIED: March 20, 1978 3 / 2 0 / 7 8 - 5 - ORDIUM APPOINTIM VIEWERS WHEREAS, BIZOS E. WOOD st ux, GWENLYN M. WOOD, has given due and proper Notice, in accord with the statutes with s@ cases made and provided, that they would, on this day, apply to the City Councl.1 af the City of Virginia beacIL, Virginia , for the Appoin@t-ant of Vievirra to view the below de property, and report in writing to the Council whether, in the opinion of said viewers, any and if any, what inconvenimwe would result frca the discomt,ijLuing of he@reinafter described portion of G"enaboro A situate in the City of Virg:Lnia beach, Virginia, and has filed &wA applicatiom with said Council; and ]LOW, THEREFCIM, BE IT ORDAIHW BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH., VIRGMA , THAT, C. Oral Lambert, Robert J. Scott, and GeorAze E. Tinnes are hereby appoizLted to view the below described property, azid report in writing tLo the Council on or before whethe@r in their opiziiorl any, wW if any, what incoilv@nes w@'d result frm the discontinuing, c3.osizxg and vacating of that cert@ portion of Greensboro Avenue situate in the City of Vlrginia leack, VirgisLia, and described as followst ALL that certain portion of @enaboro Avenue as @wn on the ]Lap of Shadow Lawn Heights, Virginia Beach, Princ4tas AnnA Co.. which plat was made in Apr:Ll 1924 by JRO R. @Wls, et all and is 4uly recorded in the Clark's Office of the Ci-rcuit Court of the City of Virginia Beach, Virginia. in map book 7, at page 14, @at 1, and being @t cortaill portion of Greenaboro Ame- lying betweezl KLooke 29 and 30 and being bardered on the north by, &IL unnumbered parcel of land belongijzg to Elton E. Wood and Gw@yn IL. Wood, and being berdered an the south by anunnuabared parcel of land belenging to Elton E. Wood @ Gnenlyn R. Wood and beiag bardered on the east by tba western line of Moditerranean Avenue, and beiag bordered am the west bY the Cove of Lake Rodes 3 / 2 0 / 7 8 - 6 - 3. That on the day of 1978, liotices of the Presenting of this Application were posted at the Court House at, the Circuit Court of the City of Virginia Beach, Virginia, at the intersection of Greensboro Avenue and MaditerransaiL Av@9 and at the City Ball Annex Building located in the Beach Borowk of the City of Virginia beach, Virginia, as evideswed by the Affidavit of Posting, attached hereto;, that your Petitionar is the fee @ple owner of the two unmmbered parcels running adjacent and adjoining this portion of Greensboro Avenue, both to t,o the north and to the south of said parcel as it goes down ixlto the waters of The Cove of L@ Rudee. All of said property Is in Blocks 29 and 30, Map of Shadow Lawn gaights, Virgin:La ftach, 'Virginia. Your Petitioner is the only fee simple owner of this land. RESPECTFULLY TFD, GWENLYN X. WOOD 3 / 2 0 / 7 8 - 7 - IN THE MATTER OF: CLOSING, VACI&TING ILUD DISCONTIbIJIfiG A PORTION-OT GREENSBORO ikVENUE LOCATED BETWFEN TWO JIBS OF LA]ID BETWEEN BLOCKS 29 & 30 & LOCATED AT THE WEST END OF GREENSBORO AVENU AND ON THE EAST SIDE OF THE CCVE OF LAKE RUDFE, SAID AVF,I= BEING ALL OF GREENSBORO AVENUE WEST OF MEDITE@NEAN AVENUE AND "ST OF THE) COU OF I-AKF RTJDEE BETWEEN TWO PARCELS OF L.,,) LAbID OWMD BY ELTON E. WOOD et ux, GiMNLYN M. WOOD Tot THE MAYOR OF THE CITY OF VIRGINIA BEACH, VUBERS OF THE CI71Y C,OUJiCIL, AJID UF.IARFRB OF THE PLANNIW, COMMISSION, Your Petitioner, EltorL E. Wood and/or Gwenlyn R. Wood, respectfully represents as follows.- 1. That pursuant to the provisions of Sections 15.1-364 of the Code of Virginia, the said Petitioner applies for the vacat@ , closing and discontinuance of that certain portion of Greensboro Avenue situate in the City of Virginia beach, Virginia, and being described as follows$. All of that portion of Greensboro Avenue as shown on the Man of Shadow Lawn Heiglits. Virginia Beach, V:Lrg:Lnia, @tEerwise located on the U" OF SH"OW LAW& BEIGHTS,- VIRGIBIA BEACH, PRINCESS ANIIE CO. which plat was made April 1924 by JW. U. B"WIN, C.E., ot al, and is duly recorded in the Clerk*s Off:Lce of tfie Circiiit Court of the City of Virginia beach, Virginia, in the Rap book. 10. 7o at page 14, and being all that portion of Greensboro Lvenue lyii4 betweem two parcels of land beloyaging to Elton E. Wood et ux, Gmenlyn Ii. Wood, in *lock 30 and block 29, and being all of Greensboro Avwme running in a westerly directioni adjacent and adjoining the two red parcels o l@ afore@tioned, dowil into TELE COVE OF 1.@. RUDLE, "k@aft Is west of Madit*rraman Mmma and east of TJLE CM OF LAZE MU. 2. That no inconvenience will result to any person by reasca of said closing, vacation and discontinuarlae of said street, and your Petitioner prays that this Honorable Council appoillt viewers las provided by the aforesaid statue to view this st @;Greenobaro Avenue proposed to be closed, and repart in writlag to this Council on or before the _day af t IL978, whether, :Ln the opin:LorL of said viewers, any, and if wWp sftt @itLconveiLience would result :kn the discoat a of s@ portlca of @eensboro,Avenue heretofav described. 3 / 2 0 / 7 8 - 8 - ITEM #11897 6'n motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: COuncilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance closing, vacating and discontinuing a POrtion of Kella, Road, Kempsville Borough, City of Virginia Beach, Virginia: AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF KELLAM ROAD, KEMPSVILLE BOROUGH, CITZ OF VIRGINIA BEACH, VIRGINIA @,MEREAS, proper notice that the City of Virginia Beach, would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter portion of Kellam Road closed, vacated and discontinued as a public road of the City of Virginia Beach was duly posted at the Courthouse of the Circuit Court and at two public places in the City of Virginia Beacb, Virginia on the day of @-UAKV , 1911'9 . WHEREAS, the land proprietors affected thereby have been duly notified; and, WHEREAS, said application was made to the City Planning Commission and to the City Council and pursuant to the statutes in such cases made and provided, the Council appointed Viewers who have reported to the Council that no inconvenience to the public or to private individuals would result from such closing, vacation, and discontinuance-, and WHEREAS, the City Planning Commission after proper notice and hearing, has reported thereon to the Council; and WHEREAS, it is the judgment of the Council that said portion of Kellam Road should be closed, vacated and discontinued; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the certain portion of said road described as follows in the Kempsville Borough of the City of Virginia Beach is hereby closed, vacated and discontinued as a public road of the City of Virginia Beach, said portion of road not being needed for public use and travel. All that certain portion of Kellam Road containing 0.19 acres, as is shown and designated by the shaded area on the certain plat entitled, "Plat Showing Street Closure For A Portion of Kellam Road, Kempsville Borough, Virginia Beach, Virginia, Scale 1" = 50', November 3, 1977, Department of Public Works, Engineering Division, City of Virginia Beach, Virginia," and is on file in the Department of Public Works, Real Estate Division, of the City of Virginia Beach. 2. That 30 days after this date a copy of this Ordinance certified - 9 - the Circuit Court of the City of Virginia Beach and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach on the 20 day of , 1 9-M. MES:wk 12-27-77 3 / 2 0 / 7 8 -10- ORDINANCE APPOINTING VIEWERS FOR CLOSING, VACATING AND DISCONTINUING A PORTION OF KELLAM ROAD, KEMPSVILLE BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the City of Virginia Beach has given due and proper Notice in accord with the statutes for such cases made and provided, that it would, on this day, 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 inconveniences would result from the discontinuing of the hereinafter described portion of Kellam Road situate in the City of Virginia Beach, Virginia, and has filed such application with said Council; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That C. Oral Lambert, Robert J. Scott, and George E. Tinnes and are hereby appointed to view the below described property, and report in writing to the Council on or before I whether in their opinion any, and if any, what inconvenience would result from the discontinuing, closing and vacating of that certain portion of Kellam Road situate in the City of Virginia Beach, Virginia, and described as follows: A,ll that certain portion of Kellam Road containing 0.19 acres, as is shown and designated by the shaded area on that certain plat entitled, "Plat Showing Street Closure for a Portion of Kellam Road, Kempsville Borough, Virginia Beach, Virginia, Scale 1" = 50', November 3, 1977, Department of Public Works, Engineering Division, City of Virginia Beach, Virginia," and is on file in the Department of Public Works, Real Estate Division, of the City of Virginia Beach, Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of March 19 78 MES:wk 12-27-77 3 2 0 7 8 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF P E T I T I 0 N KELLAM ROAD TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Petitioner, City of Virginia Beach, respectfully represents: 1. That pursuant to the provisions of Section 15.1-364 of the Code of Virginia, 1950, as amended, the said petitioner applies for the vacating, closing and discontinuing of a portion of a certain road situate in the Borough of Kempsville, City of Virginia Beach, Virginia, and described as follows: All that certain portion of Kellam Road containing 0.19 acres, as is shown and designated by the shaded area on that certain plat entitled, "Plat Showing Street Closure For A Portion of Kellam Road, Kempsville Borough, Virginia Beach, Virginia, Scale 1" = 50', November 3, 1977, Department of Public Works, Engineering Division, City of Virginia Beach, Virginia," and is on file in the Department of Public Works, Real Estate Division, of the City of Virginia Beach. 2. That no inconvenience will result to any person by reason of the said closing, vacating and discontinuing of this portion of said road, and petitioner prays that this Honorable Council appoint Viewers as provided by the aforesaid statute to view the portion of the said road to be closed and report in writing to this Council on or before , 19 , whether in the opinion of the said Viewer, any, and if any, what inconvenience would result from the dis- continuing of this portion of said road. 3. That on the *b day of @,jAP-y 19'7'& , notices of the present- ing of this application were posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, and at two other public places within the said City, as evidenced by the affidavit attached hereto, and a copy of said notice, and the landowners along and adjacent to said street desire and request the said portion of Kellam Road to be closed. Respectfully submitted, CITY OF VIRGINIA BEACH B, Assistant C4ty Attorney 3 / 2 0 / 7 8 - 1 2 - ITEM #11898 On motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance to authorize the acquisition of property in fee simple for right-of-way for sewer and water for the Newlight project and the acquisition of temporary and permanent easements of right-of-way by agreement or by condemation: AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR SEWER AND WATER FOR THE NEWLIGHT PROJECT AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-WAY 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 and installation of this important project to provide sewer and water and for other public purposes for the preservation of the safety, health, peace, good order, convenience, moral 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 I. That the City Attorney and/or Deputy 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 "Plat Showing Easement to Be Acquired Along Indian River Road, Newlight Area by the City of Virginia Beach, Virginia," the plan being on file in the office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. The City Attorney and/or Deputy City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach a reasonable offer to the owners or persons having an interest to said land, if refused, the City Attorney and/or Deputy 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 full force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the - 1 3 - ITEM #11899 ')n motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution authorizing execution of an a@reement and bill of sale for the sewerage transmission line designated as "@laif.@,)toZt 7; oa(is Sanitation @istrict South Shore Systen, l'illtop-Point O' Woods Ir,tercep-or Force @in.'@ The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building on the 20 day of March -, 1978. On motion by Councilman Ferrell and seconded by Councilman McCoy the following Resolution was adopted. R E S 0 L U T I 0 N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager and the City Clerk are hereby authorized to execute an agreement and bill of sale, a copy of which is attached hereto relating to a City owned sewerage transmission line located in the City and designated as "Hampton Roads Sanitation District South Shore Systern, Hilltop-Point o' Woods Interceptor Force Main" ADOPTED by the Council of the City of Virginia Beach on the 20 day of March 1978. Approved: Attest: 3 / 2 07 8 AGREEMENT AND RII-L OF "PIL.E -14- THIS AGREEMENT, made this 20 day of March 1978, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, party of the first part, hereinafter called "City"; and the HAMPTON ROADS SANITATION DISTRICT, a political subdivision of the Commonwealth of Virginia, party of the second part, hereinafter called "District". WHEREAS, the City owns and maintains a sewerage transmission line located in the City and designated as "Hampton Roads Sanitation District South Shore System, Hilltop-Point O' Woods Interceptor Force Main", on plat prepared by Buck, Seifert and Jost, but comprising only that portion of the work therein described between approximate Station 63 + 30 and Station 96 + 39, consisting of approximately 3,109 feet of 16" cast iron force main, and for the second section, sheets 438.23(a-1) 501-504; and WHEREAS, the described sewerage line can property be termed a trunk or interceptor transmission line of the type which is usual for the District to own, operate and maintain; and WHEREAS, the City has agreed to convey and the District has agreed to accept, own, maintain and operate the hereinafter described transmission line and appurtenances; NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledqed, the Citv doth hereby grant and convey unto the District the hereinafter described seweraae transmission line and its appurtenances, and for and in consideration of this conveyance, the District does hereby covenant to accedt and assume ownership, operation and maintenance as a part of its system, the transmission line described as follows; to wit: 3 / 2 0 / 7 8 1 5 - Hamoton Roads Sanitation District South Sho're System, Hilltop-Point O' Woods Interceptor Force Main, as shown on that plat prepared by Buck, Seifert & Jost, but comprising only that portion of the work therein described between approxirnate Station 63 + 30 and Station 96 + 39, consisting of approximately 3,109 feet of 16" cast iron force main. IN WITNESS WHEREOF, the City of Virginia Beach has caused this instrument to be executed by George L. Hanbury, City Manager, and attested by Richard J. Webbon, City Clerk; and Hampton Roads Sanitation District, in witness of its acceptance of the aforesaid transmission line, has had this instrument executed by William J. Love, its General Manager, and attested by Anna Marie Bottoms, its Secretary, all having been duly authorized so to do. ci EACH By Harlbury, ATTEST: Richard J. Webbon, City Ulerk HAMPTON ROADS SANITATION DISTRICT By Illiam J. Love, C 'eneral Manaqer ATTEST: Anna Marie Bottoms, Secretary Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of March, 1978. -2- 3 / 2 0 / 7 8 ITEM #11900 -16- The following bids have been received for additions to and renovation of Fire St.tion #5, Municipal Center: George Jensen, Incorporated $59,416.00 J. L. Smith Corporation 66,615.00 j. W. Milhausen Construction Company 69,200.00 W. M. Jordan Company, Incorporated 74,000.00 Vertexco Corporation 74,270.00 Bear Contracting, Incorporated 74,747.00 Whitfield-Gee Construction Co., Inc. 76,085.00 Engineer's Estimate $53,500.00 On motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: councilmen John A. Ba,,m, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City council voted to approve the low bid of George Jensen, Inc., in the amount of for the additions to and renovation of Fire Station #5, Municipal Center; $59,416.00, reements- 3/20/78 and furtherauthorizedt-he City Manager to execute the necessary ag - 1 7 - ITEM #11901 On motion by Councilman Ferrell, seconded by Councilman liccoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following tax refunds in the amount of $1,362.36: y@:AR 01" TAX P'TD TOT,@L Franchise Realty 1974 RE1/2 21676 110-12-77 330.07 1974 ',E2/2 21676 10-12-77; 321.68 Camelot Hall Nursing 1978 RE@, 43275 11-16-77 446.24 RQbert F. Crimingerit 1978 CD 12059i 1-17-78 7.50 1978 CD 113424 1-17-78 7.50 porothy A. Lehner 1978 UD 78187 1.-30-78 1.5.00 Richard E. Fuller 1978 CT) 65728 1-17-78 .7.50- Dale M. Saunders 1978 CD 65516 1-1,7-78 7.50 J' Blow 1978 CD 62194 1-16-78 7.50 ames L. Carl@on W. Fortune 1978 CD 52118 1-4-78 7.507 7.50 iyieasant Hughes 1.978 CD 114902 1-10-78 Benjamin R. Forbes 1978 CD 42526 2-28-78 15.00. Birdneck'VillageApt 1978 CD 22983 1-23-78 15.00' Alice S. Gpode l@978 CT) 37717 1-31-78 7.50 Daber Inc. 1978 CD 3833 1-30-78 15.00 Francis G. Thcymas 1978 CD 5S318 1-12-78 15.00 1978 CD 58319 1-12-78 1-5.00 Leroy J. Andrews Jr. 1978 CD 58088 1-11-78 15.00 Robert L. Goodey 1978 CD 113245 1-11-7,@ 15.00 The a'--ove abate-ent(s) totaling $12 7 7. 99 were approved by -the Council @ the citv of V4-rginia c Beac 0 clay 0 oiq Treasurer p" 18 - 3-9-78 OF Aiii) IJ:20'@ IT I;y '-Ilii- (:O@i@lc:l.f. oi' L'[" Oi- :!t tlict fc,l I ('@j c:, ,il,; f (,r 'tirid@; t!@, f ic@it )f tli ire 04.37 i'A'@: TYE'l-. T [C:-KEIT kl'-@O EIL,%- I)Ai Yl-'!, 0 T@@'.: 'LiO'4' No. P'@l@) TOT@-1, Barbara A. Cowan 1977 Park- 87128 1-27-78 6.00 ling T cket Terry Corp. of Va. 1978 RE@ 63588 11-29-77 10.87 Jack W. Stace Sr. 1978 CD 80904 2-3-78 7. 5Q Ra lph W. Steelman 1978 CD 65867 1-17-78 7.50 Anne-M. Showalter 1978 CD 25428 1-10-78 7.5,0 Terry M. Jenkins 1978 CD 78162 1-30-78 .7.50 Leglie R. Morrisette 1978 CD 4406 1-31-78 7.50 Robert C. Harrtson 1978 CD 125339 1-23-78 7.50 Alton L. Brown 1978 CD 131-925 1-31-78 7. 5 O.- Ronald P. E. B.Watkin,.;1978 CD 78288 1-30-78 7.50 Francoise M. Jordan 1978 CD 80900 2-3-78 7.50 The P-bove abate--E!nt(s) totaling $84. 37 were approved by the Council of the C@lty of V4-rginia Bpac'r,. c.@ tile 20 day of March JOIIN T. ATKINSON ire.1,@urer bc)n, (-.ity CIE@rk Approved t4 f orr,,: TTEM #11902 -19- On motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following Bingo/Raffle Permits: Roma Lodge #254 - Order Sons of Italy of America Bingo (Renewal) Princess Anne Junior fligh Booster Club Raffle ITEM #11903 On motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second reading the following ordinance to reduce appropriations to the Substance Abuse Service Programs: 3 / 2 0 / 7 8 2 0- AN ORDIMNCE TO REDUCE APPROPRIATIONS TO THE SUBSTANCE ABUSE SERVICE PROGRAMS WHEREAS, the Virginia Beach City Council approved an appropriation of $315,945, estimated revenue of $164,494, and a local niatch of $151,451, for the Substance Abuse Service Programs, in the Fiscal Year 1977-78 Operating Budget; and WHEREAS, the Virginia Beach City Council approved, on July 25, 1977, an additional appropriation of $600, estimated revenue of $570, and a local match of $30; and WBEREAS, the State Department of Mental Health and Mental Retardation has approved an award in the amunt of $283,966, including a local match of $151,053; and WHEREAS, the Division of Justice and Crime Prevention has approved an award in the amount of $16,000, including a local match of $800. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCN OF THE CITY OF VIRGINIA BEACH, VMGINTA: That the Substance Abuse Service Programs' appropriations be re- duced by $16,579, as follows: Approved Revised Total Reduction in Substance Abuse Budget Budget Appropriations Service Programs 316,545 299,9 6 $16,579 That the estitmted revenue from other agencies be reduced by $16,951, and a local match of $372 be transfered from the Reserve for Contingencies - Regular. First Reading: March 13, 1978 Second Reading:March 20, 1978 Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of @larch 1978. GGD:JDB:er 3-8-78 3 / 2 0 / 7 8 ITEM #11905 Petition of Nonni, Cohen, Weisberg, and Clark Co., for a Chanqe in! Classification from A-1 Apartment Di o@t of ' District strict to=- C.,n.,,n,y Business District on certain property located on the North side of Holland Road beginning at a point 1240 feet more or less West of South Plaza Trail, running a distance of 630 feet along the North side of Holland Road, running a distance of 410 feet along the Western property line, running a distance of 590 feet along the Northern property line and running a distance of 505 feet along the Eastern property line. Said parcel contains 6.2 acres. (Windsor Oaks West Area). KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A traffic signal will likely be necessary with development. Mr. Walter Monahan, Talbot and Associates, represented the petitioner On motion by Councilman McCoy, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Bawn, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Nonni Cohen, Weisberg, and Clark Co., for a Change of Zoning District Classification from A-1 Apartment District to B-2 Community-@usiness -Lstrict- ORDINANCE UPON PETITION OF NONNI, COHEN, WEISBERG, AIID Z0378323 CLARK CO., FOR A CHANGE OF ZONTNG DISTRICT CLASSISIFCATION FROM A-1 Apartment District TO B-2 Community-Business District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Nonni, Cohen, Weisberg, and Clark Co., for a Change of Zoning District Classification from A-1 Apartment District to B-2 Community-Business District on certain property located on the North side of Holland Road beginning at a point 1240 feet more or less West of South Plaza Trail, running a distance of 630 feet along the North side of Holland Road, running a distance of 410 feet along the Western property line, running a distance of 590 feet along the Northern pro- perty line and running a distance of 505 feet along the Eastern property line. Said parcel contains 6.2 acres. (Windsor Oaks West Area). Kempsville Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A traffic signal will likely be necessary with development, and the cost of installation is to be borne by the developer. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of March , 1978. @.23- ITEM #11905 Petition of Nonni, Cohen, Weisberg, and Clark Company/Windsor Holland Company, for aChanqe of Zoninq District Classification from B-2 Community- Business Distr roperty located 505 feet North of I t 1240 feet more or less West of South Plazi 605 feet along the Western property line, et in an Easterly Direction, running a disi sterly direction, running a distance of 420 feet in a Westerly direction, running a distance of 150 feet in a Southwesterly direction and running a distance of 120 feet in a Northwesterly direction. Said parcel contains 3.8 acres. (Windsor Oaks West Area). KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A traffic signal will likely be necessary with development. Mr. Walter Monahan, Talbot and Associates, represented the petitioner On motion by Councilman McCoy, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Nonni, Cohen, Weisberg, and Clark Company/Windsor Holland Company for a Change of Zoning District Classification from B-2 Community-Business District to A-1 Apart e@nt District; ORDINANCE UPON PETITION OF NONNI, COHEN, WEISBERG, AND Z0378324 CLARK COMPANY/WINDSOR HOLLAIQD COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 Community- Business District TO A-1 Apartment District: BE IT ORDALNED BY THE COUNCIL OF THE CITY OF VIRGINLA BEACH, VIRGTNIA, that: Petition of Nonni, Cohen, Weisberg, and Clark Company/Windsor Holland Company for a Change of Zoning District Classification from B-2 Community Business District t A-1 A@artment District on certain property located 505 feet North of Holland Road beginning at a point 1240 feet more or less West of South Plaza Trail, runn- ing a distance of 605 feet along the Western property line, running a distance of 197 feet in an Easterly Direction, running a distance of 397 feet in a Southeasterly direction, running a distance of 420 feet in a Westerly direction and running a dis- tance of 120 feet in a Northwesterly direction. Said parcel contains 3.8 acres. (Windsor Oaks West Area). Kempsville Borough For the information of the applicant, prior to the initiation of tbe intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance 2. City water and sewer. 3. A traffic signal will likely be necessary with development, and cost of installation is to be borne by the developer This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of March , 1978. ITEM #11906 Petition of Chesapeake Investment Company for a Change of Zoning District Classification from B-1 Business-Residential Di@trict to R-6 Residential District on certain property located on the South side of Interstate 64 beginning at a point 1150 feet more or less East of the Virginia Beach- Chesapeake City Line, r-unning a distance of 775 feet along the South side of Interstate 64, rtinning a distance of 830.26 feet along the Eastern property line, running a distance of 1000 feet more or less along the Southern property line and running a distalice of 1460 feet along the Western property line. Said parcel contains 22.85 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanirnously by the Planning Cominission by a recorded vote of 12 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. The developer will be required to extend a water line of sufficient size to assure adequate fire protection. 4. A pump station and gravity sewer must be provided by the developer in order to utilize the 42 inch HRSD force main at the intersection of Centerville Turnpike and Indina River Road. 5. The road from Centerville Turnpike to this site should be improved to a four-lane divided access road and a traffic signal installed at Centerville Turnpike. 6. Right turn and left lanes of adequate size to handle the projected high turning volumes on Centerville Turnpike will be necessary. 7. A collector street is to be provided from the proposed loop road to the southern side of Landfill #2. The road proposed to connect with Kempsville Road in the future should be a collector street. 8. An adequate drainage system with the necessary downstream drainage easements and improvements will be required. 3 / 2 07 8 Mr. Douglas Talbot, Talbot and Associates, redresented the petitioner -25- C,'n motion by Councilman McCoy, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Chesapeake Investment Company for a Change of Zoning District Classification from B-1 Business Residential District to R-6 Res d@e tial District: ORDINANCE UPON PETITION OF CHESAPEAKE INVESTMENT COMPANY Z0378325 FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM B-1 Business Residential District to R-6 Residential District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, t,-lat: Petition of Chesapeake Investment Company for a Change of Zoning District Classification from B-1 Business Residential District to R-6 Residential District on certain property located on the South side of Interstate 64 beginning at a point 1150 feet more or less East of the Virginia Beach-Chesapeake City Line, running a distance of 775 feet along the South side of Interstate 64, running a distance of 830.26 feet along the Eastern property line, running a distance of 1000 feet more or less along the Southern property line and running a distance of 1460 feet along the Western property line. Said parcel contains 22.85 acres. Kempsville Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. The developer will be required to extend a water line to sufficient size to assure adequate fire protection. 4. A pump station and gravity sewer must be provided by the developer in order to utilize the 42 inch HRSD force main at the intersection of Centerville Turnpike and Indian River Road. 5. The road from Centerville Turnpike to this site should be improved to a four-lane divided access road and a traffic signal installed at Centerville Turnpike, the cost of which is to be borne by the developer. 6. Right turn and left lanes of adequate size to handle the projected high turning volumes on Centerville Turnpike will be necessary. 7. A collector street is to be provided from the proposed loop road to the southern side of Landfille #2. Tbe road proposed to connect with Kempsville Road in the future sbould be a collector street. S. An adequate drainage system with the necessary downstream drainage easements and improvements will be required. This ordinance shall be effective upon date of adoption. Adopted by Lhe Council of the City of Virginia Beach, Virginia, on the 20 day of March 1978. 3 / 2 0 / 7 8 ITEM #11907 Petition of Chesapeake Investment Company for a Classification from R-6 Residential District to Apartment District on certain property beginning at a point 1710 feet South of Interstate 64, running a distance of 1590 feet along the Virginia Beach-Chesapeake City Line, running a distance of 2236.78 feet in a Northeasterly direction, running a distance of 932.19 feet in a Northwesterly direction and running a distance of 1140 feet in a Westerly direction. Said parcel contains 48.11 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. The developer will be required to extend a water line of sufficient size to assure adequate fire protection. 4. A pump station and gravity sewer must be provided by the developer in order to utilize the 42 inch HRSD force main at the intersection of Centerville Turnpike and Indina River Road. 5. The road from Centerville Turnpike to this site should be improved to a four-lane divided access road and a traffic signal installed at Centerville Turnpike. 6. Right turn and left lanes of adequate size to handle the projected high turning volumes on Centerville Turnpike will be necessary. 7. A collector street is to be provided from the proposed loop road to the southern side of Landfill #2. The road proposed to connect with Kempsville Road in the future should be a collector street. 8. An adequate drainage system with the necessary downstream drainage easements and improvements will be required. 3 / 2 07 8 @Ir. Douglas Talbot, Talbot and Associates, represented the petitioner -27- On motion by Councilman McCoy, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice klayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Chesapeake Investment Company for a Change of Zoning District Classification from R-6 Resi- dential District to A-1 Apartment District: ORDINANCE UPON PETITION OF CHESAPEAKE INVESTMENT COMPANY Z0378326 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 Residential District TO A-1 Apartment District. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA, that: Petition of Chesapeake Investment Company for a Change of Zoning District Classifi- cation from R-6 Residential District to A-1 Apartment i@strict on certain property beginning at a point 1710 feet South of Interstate 64, running a distance of 1590 feet along the Virginia Beach-Chesapeake City Line, running a distance of 2236.78 feet in a Northeasterly direction, running a distance of 932.19 feet in a North- westerly direction and running a distance of 1140 feet in a Westerly direction. Said parcel contains 48.11 acres. Kempsville Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the adninistrative staff: 1. Standard improvements as required by the Site Plan and Subdivision Ordinance. 2. City water and sewer. 3. The developer will be required to extend a water line of sufficient size to assure adequate fire protection. 4. A pump station and gravity sewer must be provided by the developer in order to utilize the 42 inch HRSD force main at the intersection of Centerville Turnpike and Indian River Road. 5. The road from Centerville Turnpike to this site should be improved to a four-lane divided access road and a traffic signal installed at Centerville Turnpike, tlie cost of which is to be borne by the developer. 6. Right turn and left lanes of adequate size to handle the projected high turning volumes on Centerville Turnpike will be necessary. 7. A collector street is to be provided from the proposed loop road to the southern side of Landfill #2. The road proposed to connect with ICempsville Road in the future should be a collector street. 8. An adequate drainage system with the necessary downstream drainage easements and improvements will be required. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of March 1978. - I 0 -- ITEM #11908 Petition of Chesapeake Investment Company for a Chanqe of Zoninq District classification from A-1 Apartment District to B-2 Community-Business Dist- r ct on certain property geginning at a point 3310 feet more or less South of interstate 64, running a distance of 1375 feet along the Virginia Beach- Chesapeake City Line, running a distance of 810 feet along the Southern property line, running a distance of 1490.41 feet along the Eastern property line and running a distance of 430 feet along the Northern property line. Said parcel contains 17.26 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. The developer will be required to extend a water line of sufficient size to assure adequate fire protection. 4. A pump station and gravity sewer must be provided by the developer in order to utilize the 42 inch HRSD force main at the intersection of Centerville Turnpike and Indina River Road. 5. The road from Centerville Turnpike to this site should be improved to a four-lane divided access road and a traffic signal installed at Centerville Turnpike. 6. Right turn and left lanes of adequate size to handle the projected high turning volumes on Centerville Turnpike will be necessary. 7. A collector street is to be provided from the proposed loop road to the southern side of Landfill #2. The road proposed to connect with Kempsville Road in the future should be a collector street. 8. An adequate drainage system with the necessary downstream drainage easements and improvements will be required. 3 / 2 07 8 Mr. Douglas Talbot, Talbot and Associates, represented the petitioner. -29- On motion by Councilman McCoy, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Chesapeake Investment Company for a Change of Zoning District Classification from A-1 Apart- ment District to B-2 Community- u@siness District: ORDINANCE UPON PETITION OF CHESAPEAKE INVESTMENT COMPANY Z0378327 FOR A CHANGE OF ZONING DTSTRTCT CLASSIFICATION FROM A-1 Apartment District TO B-2 Community-Business District. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI14IA BEACH, VIRGINIA, that: Petition of Chesapeake Investment Company for a Change of Zoning District Classifi- cation from A-1 kpartment District to B-2 Community-Business District on certain property beginning at a point 3310 feet more or less South of Interstate 64, runn- ing a distance of 1375 feet along the Virginia Beach-Chesapeake City Line, running a distance of 810 feet along the Southern property line, running a distance of 1490.41 feet along the Eastern property line and running a distance of 430 feet along the Northern property line. Said parcel contains 17.26 acres. Kempsville Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. The developer will be required to extend a water line of sufficient size to assure adequate fire protection. 4. A pump station and gravity sewer must be provided by the developer in order to utilize the 42 inch HRSD force main at the intersection of Centerville Turnpike and Indian River Road. 5. The road from Centerville Turnpike to this site should be improved to a four-lane divided access road and a traffic signal installed at Centerville Turnpike, the cost of which is to be borne by the developer. 6. Right turn and left lanes of adequate size to handle the projected high turning volumes on Centerville Turnpike will be necessary. 7. A collector street is to be provided from the proposed loop road to the southern side of Landfill #2. The road proposed to connect with Kempsville Road in the future should be a collector street. 8. An adequate drainage system with the necessary downstream drainage easements and improvements will be required. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of March 1978. 3 / 2 0 / 7 8 ITEM #11909 Petition of Chesapeake Investment Company for a Chanqe of Zoning District Classification from R-6 Residential District to B-2 Community-Business Districf on-certain property beginning at a point 4685 feet more or less South of Interstate 64, running a distance of 300 feet along the Virginia Beach-Chesapeake City Line, running a distance of 590 feet along the Southern property line, running a distance of 375 feet in a Northeasterly direction, running a distance of 70 feet in a Northwesterly direction and running a distance of 810 feet along the Northern property line. Said parcel contains 5.6 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. The developer will be required to extend a water line of sufficient size to assure adequate fire protection. 4. A pump station and gravity sewer must be provided by the developer in order to utilize the 42 inch HRSD force main at the intersection of Centerville Turnpike and Indina River Road. 5. The road from Centerville Turnpike to this site should be improved to a four-lane divided access road and a traffic signal installed at Centerville Turnpike. 6. Right turn and left lanes of adequate size to handle the projected high turning volumes on Centerville Turnpike will be necessary. 7. A collector street is to be provided from the proposed loop road to the southern side of Landfill #2. The road proposed to connect with Kempsville Road in the future should be a collector street. 8. An adequate drainage system with the necessary downstream drainage easements and improvements will be required. 3 / 2 07 8 Mr. Douglas Talbot, Talbot and Associates, represented the petitioner -31- On motion by Councilman McCoy, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Chesapeake Investment Company for a Change of Zoning District Classification from R-6 Resi- dential District to B-2 Conffnuni@Business District: ORDTNANCE UPON PETITION OF CHESAPEAKE INVESTIENT COMPANY Z0378328 FOR A\CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 Residential District TO B-2 Community-Business District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Chesapeake Investment Company for a Change of Zoning District Classifi- cation from R-6 Residential District to B-2 Coimnunity-iusiness District on certain property beginning at a point 4685 feet more or less South of Interstate 64, runn- a distance of 300 feet along the Virginia Beach-Chesapeake City Line, running a distance of 590 feet along the Southern property line, running a distance of 375 feet in a Northeasterly direction, running a distance of 70 feet in a Northwesterly direction and running a distance of 810 feet along the Northern property line. Said parcel contains 5.6 acres. Kempsville Borough. For the information of the applicant, prior to tlie initiation of the intended use of the land, tbe following will be required by the adminstrative staff: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. The developer will be required to extend a water line of sufficient size to assure adequate fire protection. 4. A pump station and gravity sewer must be provided by the developer in order to utilize the 42 inch HRSD force main at the intersection of Centerville Turnpike and Indian River Road. 5. The road from Centerville Turnpike to this site should be improved to a four-lane divided access road and a traffic signal installed at Centerville Turnpike, the cost of which is to be borne by the developer. 6. Right turn and left lanes of adequate size to handle the projected high turning volumes on Centerville Turnpike will be necessary. 7. A collector street is to be provided from the proposed loop road to the soutbern side of Landfille #2. The road proposed to connect to Kempsville Road in the future should be a collector street. 8. An adequate drainage system with the necessary downstream drainage easements and improvements will be required. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of March 1978. 3/?O/78 -1@. ITEM #11910 Petition of Chesapeake Investment Company for a_ Classification from A-1 Apartment District to R certain propercy located on the South side of Interstate 64 beginning at a point 420 feet East of the Virginia Beach-Chesapeake City Line, running a distance of 750 feet along the South side of Interstate 64, running a distance of 1460 feet along the Eastern property line, running a distance of 650 feet more or less in a Southwesterly direction, running a distance of 480 feet in a Westerly direction, running a distance of 715 feet in a Northerly direction, running a distance of 350 feet in a Westerly direction and running a distance of 830 feet in a Northerly direction. Said parcel contains 30.85 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. The developer will be required to extend a water line of sufficient size to assure adequate fire protection. 4. A pump station and gravity sewer must be provided by the developer in order to utilize the 42 inch HRSD force main at the intersection of Centerville Turnpike and Indina River Road. 5. The road from Centerville Turnpike to this site should be improved to a four-lane divided access road and a traffic signal installed at Centerville Turnpike. 6. Right turn and left lanes of adequate size to handle the projected high turning volumes on Centerville Turnpike will be necessary. 7. A collector street is to be provided from the proposed loop road to the southern side of Landfill #2. The road proposed to connect with Kempsville Road in the future should be a collector street. 8. An adequate drainage svstem with the necessary downstream drainage easements and improvements viill be required. 3 / 2 07 8 Mr. Douglas Talbot, Talbot and Associates, represented the petitioner -33- On motion by Councilman McCoy, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Chesapeake Investment Company for a Change of Zoning District Classification from A-1 Apart- ment District to R-6 Residential District: ORDINANCE UPON PETITION OF CHESAPEAKE INVESTMENT COMPANY Z0378329 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 Apartment District TO R-6 Residential District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, tbat: Petition of Chesapeake Investment Company for a Change of Zoning District Classifi- cation from A-1 Apartment District to R-6 Residential i@strict on certain property located at the South side of Interstate 64 beginning at a point 420 feet East of the Virginia Beach-Chesapeake City Line, running a distance of 750 feet along the South side of Interstate 64, running a distance of 1460 feet along the Eastern property line, running a distance of 650 feet more or less in a Southwesterly dir- ection, running a distance of 480 feet in a Westerly direction, running a distance of 715 feet in a Northerly direction, running a distance of 350 feet in a Westerly direction and running a distance of 830 feet in a Northerly direction. Said parcel contains 30.85 acres. Kempsville Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. The developer will be required to extend a water line of sufficient size to assure adequate fire protection. 4. A pump station and gravity sewer must be provided by the developer in order to utilize the 42 inch HRSD force main at the intersection of Centerville Turnpike and Indian River Road. 5. The road from Centerville Turnpike to this site should be improved to a four-lane divided access road and a traffic signal installed at Centerville Turnpike, with the cost being borne by the developer. 6. Right turn and left lanes of adequate size to handle the projected high turning volumes on Centerville Turnpike will be necessary. 7. A collector street is to be provided from the proposed loop road to the southern side of Landfill #2. The road proposed to connect with Kempsville Road in the future should be a collector street. 8. An adequate drainage system with the necessary downstream drainage easements and improvements will be required. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of March 1978. 3 / 2 0 / 7 8 - -) 4 - ITEM #11911 Petition of George J. Parker for a Change of Zoning District Classification from R-5 Residential District to B-1 Business-Residential District on certain property located on the West side of South Great Neck Road beginning at a point 300 feet more or less North of Potters Road, running a distance of 50 feet along the West side of South Great Neck Road, running a distance of 148 feet along the Northern property line, running a distance of 50 feet along the Western property line and running a distance of 148 feet along the Southern property line. Said parcel contains 7400 square feet. LYNNHAVEN BOROUGH. Planning Commission Recomrflendation: A motion was passed by the Planning Commission by a recorded vote of 11 for the motion and 1 against to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. on motion by Councilman Griffin, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of George J. Parker for a Change of Zoning District Classification from R-5 Residential Dis- trict to B-2 Busine s@-kesidential Dist ict. ORDINANCE UPON PETITION OF GEORGE J. PARKER FOR A CHANCE Z0378330 OF ZONING DISTRICT CLASSIFICATION FROM R-5 Residential District TO B-2 Business-Residential District BE IT ORDAINED BY TilE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA, that: Petition of George J. Parker for a Change of Zoning District Classification from R-5 Residential District to B-2 Busine s@-Residential District on certain property located on the West side of South Great Neck Road beginning at a point 300 feet more or less North of Potters Road, running a distance of 50 feet along the West side of South Great Neck Road, running a distance of 148 feet along the Northern property line, running a distance of 50 feet along the Western property line and running a distance of 148 feet along the Southern property line. Said parcel contains 7400 square feet. Lynnhaven Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. -3@- ITEY, #11912 Petition of Ruby Ann Dunn for a Change of Zoning District Classification from R-5 Residential District to B-2 Community-Business District on cer- tain property located on the North side of Newtown Road beginning at a point 700 feet more or less West of Broad Meadows Boulevard, running a distance of 214.97 feet along the North side of Newtown Road, running a distance of 481.80 feet along the Western property line, running a distance of 277.80 feet along the Northern property line and running a distance of 311 feet along the Eastern property line. Said parcel contains 1.95 acres. (Broad Meadows Area). BAYSIDE BOROUGH. Planning Comrnission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 11 for the motion and 1 against to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Off-site drainage improvements will be required. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following condition is satisfied: A dedication of right-of-way 30 feet from the centerline of the existing 30 foot right-of-way and a reservation of an additional 3 feet along the 214.97 foot frontage on Newtown Road (a 15-foot dedication and a 3-foot reservation). 3 / 2 07 8 illr. James llickreii, attoriiey, represented tne petitioner -36- 6n motion by Councilman Cromwell, seconded by Councilman Ferrell, and by recorded @ote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Ruby Ann Dunn for a Change of Zoning District Classification from R-5 Residential District to B-2 Community u@siness District: ORDINANCE UPON PETITION OF RUBY ANN DUNN FOR A CHANGE OF Z0378331 ZONING DISTRICT CLASSIFICATION FROM R-5 Residential District TO B-2 Community-Business District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIT@IA, that: Petition of Ruby Ann Dunn for a Change of Zoning District Classification from R-5 Residential District to B-2 Community-iusiness District on certain property located on the North side of Newtown Road beginning at a point 700 feet more or less West of Broad Meadows Boulevard, running a distance of 214.07 feet along the North side of Newtown Road, running a distance of 481.80 feet along the Western property line, running a distance of 277.80 feet along the Northern property line and running a distance of 311 feet along the Eastern property line. Said parcel contains 1.95 acres. (Broad Meadows Area). Bayside Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Off-site drainage improvements will be required. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following condition is satisfied: 1. A dedication of right-of-way 30 feet from the centerline of the existing 30 foot right-of-way and a reservation of an additional 3 feet along the 214.97 foot frontage on Newtown Road (a 15-foot dedication and a 3-foot reservation). This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Vir@.inia Beach, Virginia, on the 20 day of March , 1978. 3 / 2 0 / 7 8 - 3 7 - ITEM #11913 Application of Roger Nonni for a Conditional Use Permit to board horses on certain property located 250.73 eet East of Ho l land Road beg i nning at a point 55.0 feet more or less South of Shipps Corner Road, running a distance of 1069.36 feet along the Northern property line, running a distance of 771.09 feet along the Eastern property line, running a distance of 950 feet more or less along the Southern property line and running a distance of 399.85 feet along the Western property line. Said parcel contains 13.6 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimoulsy by the Planning Comrnisison by a recorded vote of 12 to approve this request. For the informati'on of the appliant, prior to the initiaion of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan ordinance will be necesary should the horses be boarded as a commercial venture. 2. If intended as a commercial use, rest rooms must be provided, as approved by the Health Department. 3. Compliance with Article 2, Section 234, of the Comprehensive Zoning Ordinance pertaining to Riding Academies. Mr. Walter Monahan, Talbot and Associates, represented the applicant. On motion by Councilman Payne, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution upon application of Roger Nonni for a Conditional Use Permit to board horses: RESOLUTION UPON APPLICATION OF ROGER NONNI FOR A CONDITIONAL R0378168 USE PERMIT TO board horses BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Roger Nonni for a Conditional Use Permit to board horses on certain property located 250.73 feet Eas@of Holland Road beginning at a point 550 feet more or less South of Shipps Corner Road, running a distance of 1069.36 feet along the Northern property line, running a distance of 771.09 feet along the Eastern property line, running a distance of 950 feet more or less along the Southern pro- perty line and running a distance of 399.85 feet along the Western property line. Said parcel contains 13.6 acres. Princess Anne Borough. For the information of the applicaiit, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance will be necessary should the horses be boarded as a commercial venture. 2. A ten foot buffer is to be provided adjacent to the residential lots. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of March , 1978. 3 / 2 0 / 7 8 - 3 8 - ITEM #11914 Mrs. John Lee appeared regarding this matter. On motion by Councilman McCoy, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for two weeks the following ordinance closing, vacating and discontinuing a portion of that certain street of variable width known as Hill- view Boulevard, located in the Kempsville Borough of the City of Virginia Beach, Virginia, as shown on that certain plat entitled "Plat showing a portion of Hillview Boulevard to be closed between Lot 108 and Lot 107 for Charles F. and Joan F. Lee and Michael N. and Kay II. Chesson, Kempsville Borough, Virginia Beach, Virginia", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia: IN TIIE @tATTrR OT, CLOSI@(;, VACATTIIG, A@47) DISC.O',ITII\TU ll,x A PORTION OF TRAT CERTAIN STREET OF VARIA13LE WIDTIT Y-IqOITtz AS IIILLVIE14 BOULEVARD, LOCATED II; TIIE KE@IPSVILLE BOROUGII OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOTATN O@' TTIAT CERTAIN PLAT T.NTITLED, "PLAT STIOWING A PORTION OF IIILLVIEV7 BOULEVARD TO BE CLOSED BETWEEN' LOT 108 AND LOT 107 FOR CIIARLES E. ANTD JOAN F. LEE AND @IICHAEL N. AND KAY R. CHESSON--KE1,IPSVILLE BOROUGH, VIRGINIA BEACII, VIRGINIA", I-THICII PLAT IS RECORDEI) IN TIIE CLERK'S ORFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN @MAP BOOK AT PACE- 1,THEREAS, it appearing by affidavit that proper notice has been given by Charles E. and Joan F. Lee and Michael N. and Kay ii. Chesson, that it would make application to tlie Council of the City of Virginia Beach, Virginia on , 1978, to have the hereinafter described street discontinued, closed, and vacated; and @-IIIEREAS, it is the judgment of the Colincil that said street to be discontinued, closed, and vacated; NOII' TIIEREFORE, SECTION I BE IT ORDAINED by the Council of the Citv of Virginia Beach, Virginia that the hereinafter described street be discontinued, closed, and vacated: All that parcel of propertv be-inning at a point, located at the Southwest corner of Lot 108, Section One--Tqomestead--in the City of Virginia Beach (Being owned by Charles E. and Joan F. Lee) and continuing from said point of beginning running along the Southernmost boundard of said Ilillview Boulevard North 840 36'00"W a distance of 60.25 feet to a point; being on the East boundary line of Lot 107, Section One--Home$tead--in the City of Virginia Beach (Being owned by Michael N. and Kay H. Chesson); and thence North 5034'16"E, a distance of 35.00 feet to a point; and thence South 89036'00"E a distance of 60.25 feet to a point; and thence West boundary line of Lot 108, Section One--Homestead--and thence South 5"34'16"W a distance of 35.00 feet to the point of beginning (such property described comprises .048 acres). Said parcel of land being a portion of Hillview Boulevard as indicated on that certain plat of property to be vacated along existing Hillview Boulevard for Charles E. and Joan P. Lee and Michael N. and Kay H. Chesson which plat is recorded in the Clerk's Office of the Circui.t Court of the City of Virginia Beach, Virginia, in Map Book at page and which is made a part hereof by reference. SECTION II This Order shall be in effect from the date of its passage. DEFERRED FOR TWO WEEKS: March 20, 1978 3 / 2 07 8 3 9 - ITEM #11915 On motion by Councilman Ferrell, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance to amend and reordain Section 2-34 of the Code of the City of Virginia Beach, relating to Promotions: Requested by: City Manager AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-34 OF THE CODE OF THE CITY OF VIRGINIA BEACH, RELATING TO PROMOTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-34 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 2-34. Proniotions. A promotion shall be an advancement by a full-time permanent or probational employee to a higher pay range granted to an employee in conjunction with increased job duties and responsibilities. When employees are promoted, their salary shall be increased to the minimum step for that class (A Step) or two pay increments above their present range and step whichever is greater. However, such an increase shall not place the employee at a pay step in the range of the new position higher than the pay step held in the range of the forrqer position. The effective date of all promotions shall be the first day of the pav period. Employees who are promoted on their anniversary date and are eligible for a merit increase may receive a three step pay increment increase over their forp,ler salary level provided such an increase shall not place the employee at a pay step in the range of the new position more than one step higher than the step held in the r$nge of the former position. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of March , 1978. / 4 0 ITEM #11916 On motion by Councilman Ferrell, seconded by Cooncilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwpil, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for two weeks the following ordinance to amend and reordain Chapter 6 of the Code of the City of Virginia Beach by adding a new SSection relating to the Operation of Motor Boats: AN ORDINANCE TO AIIEND A$D REORDAIN CHAPTER 6 OF THE CODE O@ THE CITY OF VIRGINIA BEACH BY ADDING A NEW SECTION RELATING TO THE OPERATION OF MOTOR BOATS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Every motor boat, when approaching or passing vessels under way or lying to or at anchor or made fast to the shore; or when approaching or passing piers, doc@s or boat houses; or when approaching or passing persons in the 'Pater or using water skis or surf boards; shall slacken speed to thc extent necessary to avoid endangering persons or property by the effect of the motor boat's operation or wake. This ordinance shall be effective from date of adoption. DEFERRED FOR TWO WEEKS: March 20, 1978 Adopted by the Council of thc City of Virginia Beach on the day of 1 1978. The above ordinance was apprcved by the Commission of Games and Inland Fisherie$ on February 24, 1978 3 -4@- ITEM #11917 On motion by Councilman Ferrell, seconded by C@uncilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cr ot ell, Jr., George R. Ferrell, John R. Griffin, 14ayor Clarence A. Holland, J. Her McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for two weeks the ollowing ordinance to amend and reordain Chapter 6 of the Code of the City of irginia Beach by adding thereto Section 6-12.1 relating to Mooring or Tying up of Boats to Channel Markers, Buoys, etc.: Requested by: City Manager/Police Department AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 6 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDIIG THERETO SECTION 6-12.1 RELATING TD MOORING OR TYING UP OF BOATS TO CIANNEL MARKERS, BUOYS, ETC., BE IT ORDAINED BY THE COUNCIL OF TH@ CITY OF VIRGINIA BEACH, VIRGINIA: it shall be unlawful for any person except in case of emergency, to moor or tie up any boat or vessel to desig@ated channel markers, buoys. navigational aids, bridges or bridge abutment@. However, this prohibition shall not apply to the Chesapeake Bay Bridge, its islands or abutments. This ordinance shall be effective f@om date of adoption. DEFERRED FOR TWO WEEKS: March 20, @978 Adopted by the Council of the CitY @f Virginia Beach on the day of 1978. JDB:er 1-5-78 3-8-78 3 2 0 7 8 4 2 ITEM #1191@ On motion by Councilman Ferrell, seconded by C@uncilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Crom ell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland J. Henr@ McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger Riggs, Vice Mayor Patrick L. Standin@., and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for two weeks the ollowing ordinance to repeal Sections 6-25.1, 6-26, 6-27, 6-28 and 6-29 of the Code @f the City of Virginia Beach, Virginia: RDQUESTED BY: CITY MANHGER AN ORDINANCE TO REPEAL SECTIONS 6-25.1, 6-26, 6-27, 6- 8 and 6-29 OF THE CODE OF TH CITY OF VIRGINIA BEACH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That sections 6-25.1, 6-26, 6-27, 6-28 and 6-29 of the Code of the City of Virginia B@ach relating to water safety provisions are hereby repealed. This ordinance shall be eff@ctive upon date of adoption. DEFERRED FOR TWO WEEKS: March 2 1978 Adopted by the Council of t@e City of Virginia Beach on the day of 1978. TEM #119 Petition of W. Nick Wright for a Change of loninq District Classification from R-4 Residential District to AG-1 Agr cultural District on certain property located at the Eastern extremity o' Painters Lane beginning at a point 850 feet more or less North of Painte's Lane, rlinning a distance of 334.55 feet along the Nortliern property line, running a distance of 1609.97 feet in a Southwesterly direction, running i distance of 496.27 feet in a Southeasterly direction, running a distanc2 of 518.13 feet in a South- westerly direction, running a distance of 1.93.13 feet in a Northwesterly direction and running a distance of 2095 eet more or less in a North- easterly direction. Said parcel contains 6 acres. (Atwoodtown-Lagomar Areas). PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Pladning Commission by a recorded vote of 12 to approve this request. For the information of the applicant pr or to the initiaiton of the intended use of the land, the followin'g wi@ll be required by the admini- strative staff: With future development, Cordova Road @s to be extended through this site. Further, this ordinance shall be effective upon satisfactory compliance to 3. Compliance with ARticle 2, Section '23@s of the Comprehensive Zoning Ordiancne pertaining to Riding Acad " 4. A 10 foot buffer is to be provided adii cent to the residential lots in Lagomar. 5. No building is to be constructed within 150 feet of the adjacent lots in Lagomar- Mr. James Brunt, Attorney, represented the pet tioner Mr. Bill Wahab, Attorney, appeared in oppositi@n on motion by Councilman Payne, seconded by Cou cilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cro- ell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienr@ McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L . Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for two weeks the above petition of W. Nick Wright for a Change of Zoning District Classification from R-4 Residential District to AG-1 Agri u@it,,ral District on certain property located at the Eastern extremity of Painters Lane beginning at a point 850 feet more or less North of Painters Lane, running a distance of 334.55 feet along the Northern pro- perty line, running a distance of 1609.97 feet in a Southwesterly direction, running a distance of 496.27 feet in a Southeasterly direction, running a distance of 518.13 feet in a Southwesterly direction, runnirig a distance of - - -- -- " . I 14---,;-- -,4 @ li,t,nrp nf 2095 feet - 4 4 - ITEM #11920 Application of W. Nick Wright for a Conditi(inal Use Permit for a riding stable on certain property located at the EE.stern extremity of Painters Lane beginning at a point 850 feet more or ess North of Painters Lane, running a distance of 334.55 feet along the Northern property line, running a distance of 1609.97 feet in a Southwesterly (lirection, running a distance of 496.27 feet in a Southeasterly direction, running a distance of 518.13 feet in a Southwesterly direction, running a cistance of 1293.13 feet in a Northwesterly direction and running a distance of 2095 feet more or less in a Northeasterly direction. Said parcel conte,ins 26 acres. (Atwoodtown- Lagomar Areas). PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request. 0 For the information of the applicant, pri to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Approved for riding academy, horsesfor h re or boarding. 2. Standard improvements as required by the Site Plan Ordinance will be necessary should the stable facilities be intended for commercial use. the conditions imposed in this motion, and is understood and agreed to by the applicant that the official change the zoni.ng maps will not be made until the following condition is satsi ed: A dedication of an 80 foot drainage ea@,ernent along the northwestern Drooerty line. Mr. James Brunt, Attorney, represented the app iicant Mr. Bill Wahab, Attorney, appeared in oppositi @n On motion by Councilman Payne, seconded by Cou@cilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Crom ell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Hen McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L . Riggsr@Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for two weeks the ebove application of W. Nick Wright for a'Conditional Use Permit for a riding stable on certain property located at the Eastern extremity of Painters Lane beginning at a point 850 feet more or less North of Painters Lane, running a distance of @34.55 feet along the Northern pro- perty line, running a distance of 1609.97 feet in a Southwesterly direction, runn- ing a distance of 496.27 feet in a Southeasterly direction, running a distance of 518.13 feet in a Southwesterly direction, running a distance of 1293.13 feet in a Northwesterly direction and running a distance of 2095 feet more or less in a Northeasterly direction. Said parcel contains 26 acres. (Atwoodtown-Lagomar Areas). Princess Anne Borough. 3 / 2 0 / 7 8 ITE@t #1192 lir. Andre Evans, CommonNqealth's Attorne%,, appeired in f-,ivor of this mitter. On motion by Councilman Payne, seconded by Couacilwomaii Oberiidorf, aiad by recordod vote as follows: Ayes: Councilmen John A. Baum, Robert B. Crorrwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lieniy McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L . Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on first reading the following ordinance to accept a grant totaling $49,153 from the Division of ustice and Crime Prevention and to appropriate these funds: AN ORDINANCE TO ACCEPT A (RANT TOTALLING $49,153 FROM THE DIVISION OF JUSTICE AND CRIME PREVHN-IION AND TO I.PPROPRIATE THESE FUNDS WHEREAS, the Attorney for the Commorwealth desires to more effectively prosecute career criminals ar.d major violators charged with crimes, and WHEREAS, application has been made lor a Federal Grant to accomplish this and the Division of Justice and Crime Prevention (DJCP) has awarded the city a grant to e,@tablish a major violator unit in the Commonwealth's Attorney's oflice to hire two attorneys and a police invesligator/paralegal aide. NOW, THEREFORE, BE IT ORDAINED BY TIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the grant be accepted and appr@priated for the following purpose: Estimated Revenue Local Total From Other Agencies Match Appropriation Major Violator Unit $46,695 $@9_j@53- That the appropriations will be fin@ilced by $46,695 estimated revenue from the DJCP, and a iocal share of $2,458 to be transferred from the Revenue for Contingencies-Regul r. FIRST READING:- March 20, 1978- SECOND READING: Adopted by the Council of the City of Virginia Beach on the day of 1978. 3 2 0 7 8 m I 1192 TEM # On motion by Councilman Ferrell, seconded by C@uncilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Crom ell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland J. Henr@ McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for two weeks the ollowing ordinance to amend and reordain Sections 33-8 and 33-9 of the Code of@ the City of Virginia Beach relat- ing th Personal Property Taxes: AN ORDINANCE TO AMEND AN REORDAIN SECTIONS 33-8 AND 33-9 0 THE CODE OF THE CITY OF VIRGINIA EACH RELAT- ING TO PERSONAL PROPERTY TAXES BE IT ORDAINED BY THE COUNCIL OF T E CITY OF VIRGINIA BEACH, VIRGINIA: Section 33-8. When City Taxes Due and Payab e. City taxes on personal property fo each year shall be due and payable before June I of the year in which the same re assessed. Except when the assessment is made after June 1, the taxes s all be due and payable on or before December I of the year in which the s me are assessed. Section 33-9. Penalties and Interest When N t Paid on Time. In the event any taxes on personal property are not paid on or before the time the same are due and payable, as se forth in Section 33-8, a penalty of five percent of the amount of such unpaid taxes shall be added as of the first day following the date such taxes are @ue and payable. In the event any taxes on personal property are not paid on or before the due date, then, commencing on the first @ay of the nionth following the month such taxes are due, but not paid, such taxes shall bear interest at the rate of six percent per annum until paid. No such penalty shall exceed ten p rcent of the tax past due on such property or the sum of ten dollars, whicheve shall be greater. The assessment of such penalty shall not be deemed a defens to any criminal prosecution for failing to make return of taxable property a may be required by law or ordinance. DEFERRED FOR TWO WEEKS: March 20, 1978 FIRST READING: SECOND READING: Adopted by the Council of the City of Virginia Beach on the day of , 1978. 3,1 2 0 / 7 8 - 4 7 - ITEM #1192$ On motion by Vice Mayor Standing, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Crowell, Jr., John R. Griffin, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilmen George R. Ferrell, J. Henry McCoy, Jr., and Roger L. Riggs Absent: None City Council voted to approve on first reading the following ordinance contracting to provide a payment to the Southeastern Public Service Authority of Virginia to guarantee the payment of a part of cert@tin o[) L@[ @ at4,@ns of the Authority: AN ORDINANCL "O@ITIZAC-rTil(', '10 [IROVIDE A PAYMENT -FO li!E-- S(lilTHEAS-;i--'@@' PUBLIC SERVICE AUTIIORI'RY OF VI@@GINIA TO GUA@@'Al"TEE TilE PAYMENT OF A PART OF CEI@TAIN OBLIGATIO@IS OF TH'@ AUTHORITY. BE IT ORDAI@IED EY TI]7. CO'dt,,"UIL OF THE CITY 01- VIR'U'Il@IA BE/kC@l, VIRGINIA: Section 1. TI'te Cit," of Virgiriia Beach, Vir@iiiiia, (tlie "City") ha@, fourid al-id determined and does hereby declare t[la-II.- (a) The Cities of Chesapeal,e, Franklill, Norfolk, Portsinouth, Suffolk and Virginia Beach and the counties of Isle of Wight and Southam!)'@on have heretofore created the Southeastern Public Service Authority of Virginia (the "Authority") pur- stiant to the pt,@)visioiis ot' ti,e Virgiiii@@ C@tici' Scvl@er Pct, b,'2ilig 28, Titl(, 15.1, Code of Virginia, 19,-0, as am(,rided, for ttie put,pose of pi@oviding fc)r ti@ie E,,cquisition, C-,Iisti-ucticn, ard of a v,,atcr sy,-%teiii and a gai@bage &nd refl,,se collecti,)rl c)-i Ct@;;@s" -i of (b)@ -Fiia li@li;@iiiic@,c-,,,!-,@, Pdl'C'l O!lcj fi1c'-fl @,,itil tl,,,14 Recovery Implementation Plan". (c) Tlie Pu@Lliorit@, lies detc,y!,Iiincd 1,1-ovidi2 for tlil- 4SSLI@@il,,@, t;-i@S tii@il, of its tiotes in the aggy@cciat@ pi@iricipal ai@io@@nt of $1,931,090 foi, t@l(-' purl)ose of providing funds for paying a part of the cost oi- planning and design of a garbage and refuse collection and disposal system. (d) The councils of the cities of rranklin, Norfolk, Portsmouth, Suffolk and Virginia Beach have determined that in order- to enhance the marketability of said notes to be issued by th,- Authority on account of such (arbaoe and refuse collectioii and disposal systerii, said councils would require @he po@,ier to contract,,)bligations to provide payiients over a period or periods of more than ono year to the Authority to guararitee the payment of all or any part of the principal of and the interest on notes issued froin time to tinie by the Authority w[iich coiitt,act obliqations would I)e an exclud(,d indebtedric@,,, witiiin tlie nieai-jir@( ol ,,nd f@)r t@ie ui- ose of Pr ic @ 4 8 - (e) The General i\ssembly of Virginia by Chapter 544 of the Acts of Assenibly of 1977 authorize(I the cities of Frank 14 in, Norfolk, Portsniouth, Suffolk atid Virginia Beach fy,oiii time to time or at any time '.o contract obligations to provide payi@ents over a period or periods of more than otie year to the Authority to guarantee the payment of all or any part of the principol of and the interest on notes issuecl from tin@e to tiiiie@ by the Authoi,ity on ,,ccount of its garbage and refuse collection and disposal systei,, and such con'Lract obligatlc)n," shtil be iiii excluded itidebtedncss within the meaning of and for tiie purposes of Article VII, Section 10(a)(4) of the Constitution of Vit'ginia. (f) It is in th(, I)est inter(@s'L-. of the City to provide for a payi@ient to the Autliority to guarantee the payitierit of a part of the obligations of tlie [Authority to bc inCLirred by the isSLiaiic(-, of said tiotes and iti ai@ticipat-'Ion of the isst)al-,ce of its revenue botids. (g) The City has deter,mined to contract an obligation to provide a pay@en'c to the Authority not earlier than three years from the date hereof to guarantee the payiient of $ 605,,a@0.-__ of tlie obliga'Lion to be incurrc,.d by the Aut@lority by the issuance of said notes and iii ariticipation of the issuaitce of its i-cvenue bonds, su--Ii conr c'L-- c)blicii'ioiis to 1) c t o! 1 ,@ L i f ve @it SLICI@ t ii@ic as conti-ac), h,ive @.eii iticurred by the cities of Frariklin, Norfc)lk, Por-tsillou'Lh, Suft@-oll< zind 2'j Se,,L-iot@ 2. ]-!,,e C-ity ccn-Li@@,ct!; io iii@ovi(;, a to tli-. of @,s 'ro.,ri ciiiic@ to tll- of $ (,05 , C!00 ol@ tl-lc) r)l,il!c-ioal afnoi@,,-u of said notc,s of tl@c@ IIL,tlthol-ity without the payment of any interest tlilreon, sucil paynielit to be all excludcd itidebtc.,d- ness ijittiin tlia nieaning o@ Ird fol, t@i,,@ p',Arl)o@(,s of I\rticle VII, Scction 10(a)(4) c@f the Constitution of Virginia. Section 3. @fhe contract obligation assomed in Section 2 hereof by the City shall be paid from an ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to pr6vide for the payment of said principal sum as said principal sum shall become due, @hich tax shall be in addition to all -2- - 4 0 - other taxes authorized to be levied in tlie Ci4y, and for t@)e pronipt payment of said principal suni, the full faith and credit of ti@e City are hereby ii@revocably pledged. Section 4. S-iriultaneously with retirerieiit of said notes of the Authorit), tlie payment of a portion of which is hereby guara@teed, or provision having been li@ade for the retirement of said notes, this ordinance dhall teriiiinate and be of no effect. Section 5. Tiiis orclinance shall become 4ffective v@hen the cities of Frarik,13.n, riorfolk, Portsmou+lli, SLiffolk and Virgiria BC'El@i) have iticurred conti@Lct obligatiolis to provide payments to the Authority in the an@ounts of $23,000, $837,000, $326,000, $140,000 and $605,000, resp,-@ctively. Adopted by the Council of the City of Vi@giii-ia Beac[i, Virginia, on the ________day of 1978. FIRST READING: March 20, 1978 SECO@,','t) 1" OT Jf)il:ei- 3- 78 - 5 0 , ITEM #11924 Mayor Holland stated that Councilman McCoy wro e a letter of reply to Mr. Powell, President of the Tidewater Chapter of the Virg nia Society of Professional Engineers, regarding the use of architects and@engineers only in the City tbeir businesses are in. Councilman Cromwell requested the City Manager to place in the next Council agenda a copy of the policy of the City of Norlolk with regards to this matter. Vice Mayor Standing requested a list of engine4ring and architectural firms who have their offices in the City of Virginia Beaqh. ITEM #11925 On motion by Vice Mayor Standing, seconded by @ouncilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Crom@ell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henr@ McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L . Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to hold a Special Meeting o@ Friday, March 31, 1978, at 10:30 a.m., for the purpose of receiving the propose budget for the City of Virginia Beach, for fiscal year 1978-1979. ITEM #1192@ Councilman Griffin requested the City Attorney to make a correction to the ordinance regarding refuse collection and notify the public of the change. ITEM #1192@ Councilman Griffin requested the City Manager o have the staff be more attentive to construction sites. There are a number of onstruction sites underway, and Councilman Griffin stated he has heard from th ee areas in the past week with regards to the rights-of-way around tbese proj cts being impassable. Councilman Griffin requested the City Inspecto@s to check into this matter witb regards to the maintenance of rights-of-way. ITEM #1192@ On motion by Councilman Cromwell, seconded by @ouncilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Crooell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland J. Ilenr@ McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger @. Riggs, Vice ,4ayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution requesting the Virginia Marine Resources Commission to deny all permits for any new pound stands or fixed fishing devices in the waters of the Chesapeake Bay adjacent to the shores of the City of Virginia Beach, and to require that all existing pound stands in this area be re- moved as soon as their current permits expire, because of the adverse impact of these stands may have on recreation and boating activities in the area: 3 / 2 0 / 7 8 On motion by Councilman Cromwell, seconde( by Councilman Payne, and by unanimous vote, adopted the following resolution on the Oth day of March, 1978. R E S.0 L U T I 0 N WHEREAS, Mr. Albert Heath has indicated to represen- tatives of the Virginia Marine Reso-irces Commission that he intends to make application for a pi@rmit to place two pound stands and fishing nets in the Chesiipeake Bay between Lesner Bridge and the Chesapeake Bay Bridg(@, and WHEREAS, there are two poiind stands existing in this area at the present time, and five others in the Chesapeake Bay between Lesner Bridge and Fort !;tory, and WHEREAS, there are 30,000 boats registered in the Tidewater area, most of which use.tlie pleasant waters of the Chesapeake Bay for recreation and slort fishing, and WHEREAS, in Virginia Beacl alone, there are over 8,000 registered boats, many of whi(h utilize the Lynnhaven Inlet and adjacent waters, and WHEREAS, local residents catch an abundance of fish from the Chesapeake Bay for their ovn enjoyment and consumption, and WHEREAS, it is felt the use of pound stands and other fixed fishing devices in the waters of the Chesapeake Bay along Virginia Beach are becoming a hazard and nuisance to the increased boating, skiing, and fishing activities in the area, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that the Virginia Marine Resources Commission is hereby recuested to deny all permits for any new pound stands or fixed fishing devices in the waters of the Chesapeake Bay adjacent to the shores of the City of Virginia Beach, and to require that all existing pound stands in this area be removed as soon as their current permits expire, because of the adverse impact these stands miy have on recreation and boating activities in the area. CLARE@ICE A. liOLL@@D, tlAYOR - 5 2 - ITEM #11921) Mayor Holland reminded Council of the Stihl Bu:-lding Dedication on Monday, April 3, 1978, at 9:30 a.m. Mayor Holland indicated that the luncheon will begin at 12:00 sharp to enable the Council to reach the Municipal Center in time or the 1:00 p.m. Informal Session. ITEM #1193 On motion by Councilman Ferrell, seconded by C uncilman Cronrwell, and by unanimous vote, the meeting adjourned. Richard J. Web n, City Clerk Mayor Clarence A. Holland, M.D. City of Virginia Beach, Virginia March 20, 1978 h 3 / 2 0 / 7 8