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OCTOBER 2, 1978 OTY OF VIRGIIII BEI( MUNICIPAL-CENTER City' VIRGINIA BEACH. VIRGINIA 23456 MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., a.ysid@ B.,..gh VICE MAYOR 1. HENRY M@COY JR., D.D.S., K..p@@ill, B...gh DONALB w. MERRICK, Ly.oh.... B .... gb JOHN A. BAUM, B .... gh MEYERA E. OBERNDORF, At L.,g@ F. REID ERVIN, At L.,g, J. CURTIS PAYNE, P,i.@,@@ A ... B.,..gh GEORGE R. FERRELL, At L.,8@ ROGER L. RIGGS, Vigii. B ... b B.-.gb BARBARA M. HENLEY, P..g. B.-.gh A G E N D A RICHARD 1. WEBBON.. City 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 Regular Session, at 1:00 p.m., on Monday, October 2, 1978 for the purpose of conducting public business and will hear and act upon the following items: 1. Call to order by the Honorable Patrick L. Standing, 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 Clayton Crigger, Saint Francis Episcopal Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. 5. Roll Call of the Council. 6. Minutes of the Regular Meeting of September-25, 1978 to be presented for acceptance and approval. 7. Resolution On the occ.asion of the 100th birthday of George Doswell Brooke. 8. 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 Corxsent Agenda and considered separately. a. Letter from the City Manager recommending that City Council adopt a Resolution giving the City's support to the Tidewater Transportation District Commission's statenient which requests the Department of Transportation to reconsider their proposed rulemaking entitled "Nondiscrimination on the Basis of Handicap in Federally Assisted Programs and Activities Receiving or Benefiting from Federal Financial Assistance". b. Letter from the City Manager recommending that City Council appoint viewers in the application of Seawall Enterprises, Inc. for the closure of a portion of Garrision Avenue (Bayside Borough). C. Letter from the City Manager recommending that City Council appoint viewers in the application of Seawall Enterprises, Inc. for the closure of a portion of Fentress Avenue (Bayside Borough). 9. Citv Council is requested to approve on second reading an ordinance to transfer funds, in the amount of $1,618,035 for the City Employee Across-The-Board salary increase. 0. City Council is requested to approve on second reading an ordinance to accept grants totalling $83,083 from State aid to Public Libraries and Federal aid to Public Libraries and to appropriate these funds as amended: Travel and Training $ 1,295 Library Supplies 1,827 Equipment 37,612 Books 42,299 Periodicals 50 TOTAL $83,083 1. City Councii is request6d to approve on second reading an ordinance to appropriate funds iri the amount of $33,686 under the Anti-Recession Fiscal Aid Program to be received from the office of Revenue Sharing. 12. City council is requested to approve on second reading an ordinance to accept $56,242 from the Southeastern Tidewater Area Manpower Authority and to appr6priate these funds; and further, approve an ordinance on second reading to accept $173,722 from STAMA of which $134,978 will be appropriated. 13. City Council is requested to approve on second reading an ordinance to appropriate funds in the amount of $54,945 for additional voting machines and voting machine storage. 14. City Council is requested to approve on second reading an ordinance to amend and reordain Chapter 27, Article IV relating to the public law library to assess a $1.00 charge instead of 50cts for each civil action filed in the Virginia Beach General District Court. 15. Letter from the City Manager recommending that City Council approve an ordinance to amend Section 17.22 of the Code of tbe City of Virginia Beach pertaining to discharge of garbage etc. at City disposal areas and to repeal Section 17-22.1 16. Letter from the City Manager recommending that City Council approve the following ordinances: a. An ordinance to amend Chapter 37 of the Code of the City of Virginia Beach by adding thereto a new section 37-29(b)(2.1) relating to line fees for structures with two or more family residential units. b. An ordinance to amend and reordain Section 37-29(b)(2) of the Code of the City of Virginia Beach relating to lirle fees for hotels and motels. c. An ordinance to amend Chapter 29 of the Code of the City of Virginia Beach by adding thereto a section 29-3(b)(2.1) relating to line fees'for structures with two or more family residential units. d. An ordinance to amend and reordain Section 29-3(b)(2) of the Code of the City of Virginia Beach relating to line fees for hotels and motels. 17. Letter from the City Manager recounending that City Council adopt a Resolution to obtain written approval from all affected State and Federal agencies determining whether the proposed site of Lynnhaven Inlet is environmentally acceptable as a municipally-owned spoil site and recreational boating facility. 18. Old business, deferred from the previous meeting including any report of the Mayor or Committees named by Council. 19. New business, including any presentations by Council Members, Citizens and Organizations. a. Mr. Joseph Mahar, Chairman of Citzens of Windsor Woods, wishes to appear before City Council regarding South Boulevard. 20. Motion for adjournment. MINUTES OF 7HE HONORABLE CITY Co CITY op OF THE UNCIL VIRGINIA BEACII, VIRGI@@IA The r, Oc@obDr 2, 1978 -ni-a' was calj d in virg], @lar meeting Of the Col cil Of tho C c -e to the Onflre,ce ROO, by ity of vi,,i OctobOr 2 Ill.n Order MaY,r Patri,k - - nia Beach, , I t tle Ad.i,, il. St@nding, in Coullc I lvle 978, a :00 P.rn. istr@tion Building, On lmonday, i rabers ir.s,,t: WOman Barblr, M. John A. Bauln, Curtis He,l,, c GeOrge PaYne, Roge larenco A. 7] R. Fe-rr., r L. Ri Ho _@d, D ,j I council council m ggs, and M'Yor pa on _, W erob . , rrick, j. Jr.,* ers absent: F. Rei trick L. Standin and counci,,Ornan me r d Ervi, Vice @MaYor j. ye a E. Oborn@Olf Henry m,Coy, aYor s ITEIL 412777 m @and elltertalned a moti,, J.nform j-ng I , ,a letiF to POse Of discu,s 'no bc! fOllOxied tO pe rm tile followil-Ig@y an execlilt Counc" t' cond.ct tive session for the Pur- of e@ploy.@,,t, Looftfiion' 'alaries. cers, appoi dis- COun,9e or att g b-,, ation, Ing On rqoti,n by Council,a, on of I bY rec-r Ferrell, dy. ded vote as follows: seconded by COuncil,@n Baum Ay-: Counc,7rn,n and Barbar, DM. Henley u '@o' e o"r' Ba j Curtis C r"'c, A. o -ayne, Roger Ri,,gs, and ,,,,Yo orlald W. PIerrick, j. ag, @@ays: Nolle rPatrick L Standing Absent: @ounciinian F. @nd CoullclivJllan eid Ervin, V, @layor J. Henry @IcCoy, Jr., a Ice v @eyer E. Oblr 'rf Cit@ Coun"' 'ct'd tO Proceed int) the executive the - @nforr@,al discussion. sossion followi,(3 ITE.M 12778 'vICE MAYOR MCCOY ENTERED MEETING AT 1:05 p.,,,. Tlle City Manager indicated that on the formal agenda, ter-q #17, there waS d resolution of intent. The C@ty 14anager f-u-rther in@licated he hoped tiliS resolution would help solve tne problem the Citv is experiencing in the Lynnhaven Inlet. I The intent of the resolution is to obtain written approval effected State and Federal agencies to from all deterr,.iine wh@1--her tlie site near tile Lynnhaven Inlet is environmentally acce,table as a Municipally- owned spoil site and recreational facility. ITEY- #12779 The City Manager indicated that the City has r6ceived a resolu@ion request from the State Chamber of Commerce, which tlie other cities in Tidewater have endorsed, to endorse the connection of I-85 and I-95 to tie in with the Route to Richmond. The City endorses this eastern route as it would allow better access for the tourists coming to the South. ITEt-I #12780 At 2:00 p.m., City Council reconvened in the Council Chambers with the following Members present: John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCo.v, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members absent: F. Reid Ervin, and Councilwoman Me.vera E. Oberndorf The invocation was given by the Reverend Clayton Crigger, Saint Francis Episcopal Church, followed by the Pledge of Allegiance. ITEM IV12780 On motion by Councilwoman Henley, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman P. Reid Ervin, and Councilwoman Meyera E. Oberndorf City Council voted to approve the minutes of the regular meeting of Septe@er 25, 1978, with a correction, and dispensed with the reading of said minutes inasmuch as each Council member had a copy: ITEM #12761 - Petition of Charles D. Robbins Councilman Riggs narne was left off "aye" votes - has been corrected in original minutes. ITEM #12781 Mayor Standing indicated to Council that the resolution regarding the 100th birthda.v of Mr. George Doswell Brooke was to be deferred twoweeks. The Citv Clerk was directed to place the resolution on the agenda of October 16, 1978. ITEM #1-/782 Mr. Joseph Mahar appeared before Couilcil reaarding the extension of South Boulevard from Palace Green to Roser-iont Road within a 60 foot right-of-way 4 lane undivided highway. Mr. Mahar presented to Council copies of a petition with 800 or more signatures, and indicated that the boundaries of the petition included Pungo, Pembroke, Indian River Road as we'@l as Windsor Woods and Princess Anne Plaza. Mr. Mahar presented the following reasons for the opposition to South Boulevard: 1. Safety in aeneral 2. Pollution-Access 3. Traffic and Crime 4. Property devaluation 5. Justification for the project 6. Planning practices Mr. Mahar introduced @Irs. Nina Seibel, who is to speak on safety, access, pollution, noise and emissions: Mrs. Nina Seibel, 3965 West Colonial Parkway, indicated she would speak on Noise Pollution first: There are over 200 homes wliich lie between R ute 44 and South Boulevard. Those citizens are alread-v affect to some degree by the noise of traffic from existing roads. With the proposed four-lanes of through traffic on South Boulevard, the noise limits brought by the increased traffic will be unaccept- able to those who live nearby, plus, the residents feel it will adversely affect their property. Air Pollution: Indicated she was personally aware of the excessive pollution from cars during rush hour on Route 44 and the existina two-lane South Boulevard. The proposed extension would increase the amount of vehicular traffic, thus, increasing the air pollution during a major portion of the day. Access-Mount Trashniore and United Way Family Center: indicated that the proposed w den ng would severely limit the residents ability to walk, jog or bike to Mount Trashmore. A traffic account has been made by the city, but has a pedestrian and cycle count been made? Mrs. Seibel indicated that in conclusion, the residents of Windsor Woods and surrounding areas, in order to preserve the quality of the community, urge the members of City Council to reconsider the proposed extension and widening of South Boulevard, and leave it as an inter- community road. Mrs. Cecelia Jarvis, 3609 Kingdom Court-Windsor Woods, indicated that on South Boulevard from West Colonial Parkway to Palace Green Boulevard there are thirteen (13) bus stops, most children must cross South Boul- evard in order to board their busses. Approximately 100 children are picked up and discharged on South Boulevard each day, with the morning pick uiD occurring during peak traf f ic hours. At this time there are no guards on South Boulevard. With increased traffic, more bussing is necessary and guards will have to be hired at City expense. During the September 13th hearing, it was admitted that no safety study had been run on the existing conditions in the South Boulevard area. Many residents have requested police enforcement along South Boulevard. Mr. Joseph Mahar indicated that he failed to point out on the map the pa ticular area of concern. On the map Mr. Mahar pointed out Rosemont Road, existing, running past the toll road to Virginia Beach Boulevard. Palace Green crossing Plaza Trail, South Boulevard down to Holland Road. The area the residents are concerned with is the area from Rosemont Road to Palace Green Boulevard. Mr. Fred Hodqes indicated he wished to speak on the planning aspect lie difficulty with this project is that it is being put into an established community. There are people there who bought their homes in 1964. Mr. Joseph Mahar indicated that the scope of the residents concern is broad. he sigiatures on tlie petition are opposed to any four-lane undivided highway in this area. Mr. Edward B. Lindsley appeared before Council regarding the widening of South Boulevard. Mr. Lindsley indicated he owned some property on South Boulevard, and the widening would be beneficial, however, a 2 lane divided hiqhway would be as beneficial as a four-lane, with a 25 mile per hour-speed limit. Mr. Lindsley indicated that approximately 3 years aqo petitions were presented to Council with some 1,000 signatures for tlie widening of South Boulevard. After considerable discussion, Mayor Standing thanked the people for their comments regarding South Boulevard, and indicated that a public hearing must be held to remove South Boulevard from the Master Street and Highway Plan. ITEM #12783 On motion by Vice Mayor McCoy, seconded by Councilman Payne, and bv recorded vote as follows: Ayes: Councilmeli John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, j. Curtis Payne, Roger L. Riqgs, and mayor Patrick L. Standing Nays: None Abs--nt: Councilman F. Reid Ervin, and Councilwoman Meyera E. Oberndorf City Council voted to approve the following consent aaenda, Sa, with the exception of 8b and 8c, which will voted on separ@tely: ITEM #12784 On motion by Vice Mayor McCoy, seconded by Councilnan Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice @layor J. lienry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman F. Reid Ervin, and Councilwoman Meyera E. Oberndorf City Council voted to adopt the following resolution giving the City's support to the Tidewater Transportation District Commission's statement which requests the Department of Transportation to reconsider their pro- posed rulemaking entitled "Nondiscrimination on the Basis of ilandicap in Federally Assisted Programs and Activities Receiving or Benefiting from Federal Financial Assistance:" R E S 0 L U T I 0 N - - - - - - - - - - WHEREAS, t@e United States Department of Transportation has issued a Proposed Rulemaking entitled Nondiscrimination on the Basis of Handicap in Federally Assisted Programs ahd Activities Receivihg or Behdfiting from Federal Financial Assistance to implement Section 504 of the Rehabilitation Act of 1973, and WHEREAS, the Tidewater Transportation District Commission, of which the City of Virginia Beach is a Member, has submitted a Statement relative to this Proposed Rulemaking, which Statement is attached hereto, and WHEREAS, the Council of the City of Virginia Beach concurs in the Substance of the Commission's Statement. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the Secretary of the United States Department of Transportation is respectfully requested to reconsider the Proposed Rulemaking in light of the Statement of the Tidewater Transportation District Commission and other interested parties AND, BE IT FURTHER RESOLVED, that the Council of the City of Virginia Beach respectfully requests that the Proposed Rulemaking be amended to permit the option of local determination in the assignment of resources to meet the public t@ansportation needs of handicapped individuals. Adolited by the Council of the City -of Virginia Beach, Virginia, on the 2 day of October , 1978 ITEM #12785 ilman Payne, seconded by Councilman Baum, and@@ on moti6n by Counc recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. lienley, Clarence A. Holland, vice mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. standing Nays: None IN THE MATTER OF CLOSING, VACA'I'TNG AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, XNOWN AS GARRISON AV-vN-uTE P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, Seawall Enterprises, Inc., respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street which is more specifically described as follows: Garrison Avenue which is bounded on the North by Bayside Avenue and on the South by Lauderdale Avenue, and which is intersected by Ocean View Avenue. That part of Garrison Avenue which is bounded on the North by Bayside Avenue and on the South by Ocean View Avenue is more particularly described as follows: BEGINNING at a point on the Northern right of way Of said street which point is located at the intersec- tion of the Northeastern corner of Garrison Avenue and the southeastern corner of Bayside Avenue and from that point of begirining running along the eastern most boundary of Garrison Avenue South 10- 26, 03" East, a distance of 254.11' to a point, which point is at the intersection of the Southeastern corner of Garrison Avenue and the Northeastern corner Of Ocean View Avenue; thence running North 88' 391 21" West, a distance of 51.21' to a point; thence running along the Western most boundary of Garrison Avenue North 101 191 00" West, a distance of 254.11, to a point, which point is at the intersection of the Northwestern corner of Garrison Avenue and the southwestern corner of Bayside Avenue; thence running South 881 321 11" East, a distance of 50.701 to the point of beginning. That part of Garrison Avenue that is bound,d on the North by Ocean View Avenue and on the South by Lauderdale Avenue is more I)articularly described as follows: BEGINNING at a point at the intersection of the Northeastern corner of this section of Garrison Avenue and the Southeastern corner of Ocean View Avenue and from that point of beginning running along the eastern most boundary of Garrison Avenue South 101 33' 23" East, a distance of 149.981 to a point which point is at the intersection f the southeastern corner of Garrison Avenue and the North- ea-ltp-rr@ -or.,,@r of Lauderdale Av,nue; thence running North 88, 171 08" West a distance of 50.341 to a POint; thence running along the western most boundary of Garrison Avenue North 100 111 4911 West, a distance of 149.83' to a point which point is at the intersection of the Northwestern corner of Garrison Avenue and the Southwestern corner of Ocean View Avenue; thence South 880 131 08" East, a distance of 49.39' to the point of beginning. All the above, as shown on a certain plat entitled "Plat showing Garrison Avenue situated between Blocks 5 & 6 and Blocks 15 & 16 Chesapeake Park to be vacated, discontinued, and closed Bayside Borough --Virginia Beach, Virginia, for Seawall Enterpri- ses, Inc., Scale: i" = 50', August 25, 1978.11 2. That no inconvenience will result to any persons by reason of said closing, vacating, and discontinuance of said street; and the petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the 2nd day of November, 1978, as to whether (in the opinion of said viewers) what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the lgth day of September, 1978, Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia; on the premises to be closed; and at the Treasurer's Annex, Haygood Shopping Center, 4507 liaygood Road, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioner is the fee simple owner of the above-described property. Respectfully submitted, SEAWALL ENTERPRISES, INC. By ,,,Of Counsel Gary P. Arsenault, Esquire Grey, Nielsen, Grey & Arsenault 160 Newtown Road, Suite 215 Virginia Beach, Virginia 23462 C)RDINA,%,-k, WHEREAS, Seawall Enter- has given due and proper notice ^prises, Inc., in accordance @ith the statutes for such cases made and provided that it will on the 2nd day of October, 1978, apply to the City Council in the City of Virginia Beach, Virginia, for the appoint- ment of viewers to view the below described property and report in writing to the Council whether, if any (in the opinion of said viewers) an inconvenience would result in the discontinuance of the hereinafter described portion of that certain street of variable width, and filed such application with said Council; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that C. Oral Lambert George E. Tinnes , a,n,d--Robert J. Scott be appointed to view the below described property and report in writing to the Council, on or before, the 2nd day of November, 1978, whether, if any, in their opinion, what inconvenience would result in the discontinuance and vacating of a portion of that certain street of variable width, located in the City of Virginia Beach, Virginia, and more particularly described as follows: Garrison Avenue which is bounded on the North by Bayside Avenue and on the South by Lauderdale Avenue, and which is intersected by ocean View Avenue. That part of Garrison Avenue which is bounded on the North by Bayside Avenue and on the South by Ocean View Avenue is more particularly described as follows: BEGINNING at a point on the Northern right of way of said street which point is located at the intersec- tion of the Northeastern corner of Garrison Avenue and the southeastern corner of Bayside Avenue and from that point of beginning running along the eastern most boundary of Garrison Avenue South 101 261 03" East, a distance of 254.11' to a point, which point is at the intersection of the Southeastern corner of Garrison Avenue and the Northeastern corner of Ocean View Avenue; thence running North 88' 391 21" West, a distance of 51.211 to a point; thence running a'long the Western most boundary of Garrison Avenue North 10' 19' 00" West, a distance of 254.111 to a point, which point is at "lie intersection of the Northwestern corner of Garrison Avenue and the southwestern corner of Baysi-d-- A%,e-,ae; t],@nce running South 88@ 32' 11" East, a distance of 50.70' to the point of beginning. That part of Garrison Avenue that is bounded on the North by ocean View Avenue and on the South by Lauderdale Avenue is more particularly described as follows: BEGINNING at a point at the intersection of the North- eastern corner of this section of Garrison Avenue and the Southeastern corner of Ocean View Avenue and from that point of beginning running along the eastern most boundary of Garrison Avenue South 101 33' 23" East, a distancb of 149,981 to a point which point is at the intersection of the southeastern corner of Garrison Avenue and the Northeastern corner of Lauderdale Avenue; thence running North 880 171 08" West a distance of 50.341 to a point; thence running along the western most boundary of Garrison Avenue North 100 11' 49" West, a distance of 149.831 to a point which point is at the intersection of the Northwestern,corner of Garrison Avenue and the Southwestern corner of Ocean View Avenue; thence South 880 131 0811 East, a distance of 49.391 to the point of beginning. All the above, as shown on a certain plat entitled "Plat showing Garrison Avenue situated between Blocks 5 & 6 and Blocks 15 & 16 Chesapeake Park to be vacated, discontinued, and closed Bayside Borough --Virginia Beach, Virginia, for Seawall Enterpri- ses, Inc., Scale: 1" = 50', August 25, 1978.,, Adopted by the Council of the City of Virginia BeAch, Virginia, on the 2 day of October 1978. ITE@l #12786 There were several persons opposed to this ordinance, however, Mayor Standing explained that this was for the appointment of viewers only and would have to come back to Council for a final vote on the clo-sure; therefore, the opposition indicated they would wait until that time. On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Ilenry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman P. Reid Ervin, and Councilwoman Meyera E. Oberndorf City Council voted to appoint viewers in the application of Seawall Enterprises, Inc., for the closure of a portion of Fentress Avenue, in the Bayside Borough: IN THE MATTER OF CLOSING, vAC@i,!AG "ND DISCONTINUING A PORTION OF TIIAT CERTAIN STREET OF VARIABLE WIDTII, KNOWN AS FENTRESS AVENUE P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, Seawall@ Inc., respectfu.11y represents Enterprises, as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the petitioner ap- plies for the vacating, closing, and discontinuance of a portion of that certain street which is more specifically described as follows: Fentress Avenue beginning at a point at the intersection of the southeastern corner of Bayside Avenue and the northeastern corner of Fentress Avenue; and from that point of beginning running along the eastern most boundary of Fentress Avenue South 10* 16' 10" East a distance of 254.111 to a point, which point is at the intersection of the Southeastern corner of Fentress Avenue and the Northeastern corner of Ocean View Avenue; thence South 89' 151 37" West a distance of 49.531 to a point; thence running along the western most boundary of Fentress Avenue North 10@ 26' 03" West a distance of 254.111 to a point which point is at the intersection of the Northwestern corner of-Fentress Avenue and the southwestern corner of Bayside Avenue; thence running North 890 071 17" East, a distance of 50.251 to the point of beginning. All the above as shown upon that certain plat entitled, "Plat showing portion of Fentress Avenue situated between Blocks 6 & 7, Chesapeake Park to be vacated, discontinued and closed, Bayside Borough --Virginia Beach, Virginia, for Seawall Enter- prises, Inc. scale: 1"=40', August 24, 1978.11 2. That no inconvenience will result to any persons by reason of said closing, vacating, and discontinuance of said street; and the petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the 2nd day of November, 1978, as to whether (in the opinion of said viewers) what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described- 3. That on the lgth day of September, 1978, Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia; on the premises to be closed; and at the Treasurer's Annex, Haygood Shopping Center, 4507 Haygood Road, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioner is the fee simple owner of the above-described property. Respectfully submitted, SEAWALL ENTERPRISES, INC. By@, Of Counsel Gdry P. Arsenault, Esquire Grey, Nielsen, Grey & Arsenault 160 Newtown Road, Suite 215 Virginia Beach, Virginia 23462 .ORDINANCE APPOINTING VIEWERS WHEREAS, Seawall, Inc., has given due and proper notice Enterprises, in accordance with the statutes for such cases made and pro- vided that it will on the 2nd day of October, 1978, apply to the City Council in 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, if any (in the opinion of said viewers) an inconvenience would result in the discontinuance of the hereinafter described portion of that certain street of variable width, and filed such application with said Council; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that -C. Oral Lambert George E. Tinnes and Robert J. Scott be appointed to view the below described property and report in writing to the Council, on or before, the 2nd day of November, 1978, whether, if any, in their opinion, what inconvenience would result in the discontinuance and vacating of a portion of that certain street of variable width, located in the City of Virginia Beach, Virginia, and more particularly described as follows: Fentress Avenue beginning at a point at the intersection of the southeastern corner of Bayside Avenue and the northeastern corner of Fentress Avenue; and from that point of beginning running along the eastern most boundary of Fentress Avenue South 101 161 10" East a distance of 254.11' to a point, which point is at the intersection of the Southeastern corner of Fentress Avenue and the Northeastern corner of Ocean View Avenue; thence South 891 15' 37" West a distance of 49.53' to a point; thence running along the western most boundary of Fentress Avenue North 10@ 26' 03" West a distance of 254.111 to a point which point is at the intersection of the Northwestern corner of Fentress Avenue and the southwestern corner of Bayside Avenue; thence running North 89@ 071 17" East, a distance of 50.25' to the point of beginning. All the above as shown upon that certain plat entitled, "Plat showing portion of Fentress Avenue situated between Blocks 6 & 7, Chesapeake Park to be vacated, discontinued and closed, Ldys@de BO.CDugll --Virginia Beach, Virginia, for Seawall Enter- prises, Inc. scale: 1"=40', August 24, 1978.11 Adopted by the Council of the city of Virginia Beach, Virginia, on the 2 day of October 1978 ITEM #12787 On motion by Councilman Ferrell, seconded bli Councilrqan Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None .Absent: Councilnan F. Reid Ervin, and Councilwoman Meyera E. Oberndorf City Council voted to approve on second reading the following ordinance to transfer funds, in the ariount of $1,618,035 for the City Employee Across-The-Board salarv increase: AN ORDINANCE TO TRANSFER FUNDS FOR THE CITY EMPLOYEE ACROSS- THE-BOARD SALARY INCREASE WHEREAS, on May 22 of 1978, City Council approved the FY 1979 Operating Budget, and . WHEREAS, City Council, in the FY 1979 Budget, also approved two across-the-board salary increases for City Employees to be effec- tive October 1, 1978 and January 1, 1979, and WHEREAS, funds in the amount of $1,584,422 were appropriated into the various Reserve for Contingencies accounts to be distributed for this purpose, and WHEREAS, the total cost for the across-the-board salary increases is estimated to be $1,618,035 of which $1,562,141 will be coming from Reserve for Contingencies of the General and Water and Sewer Funds and the remainder from the fund balance in the City Garage and Print Shop Working Capital Funds and the Farmers' Market and Golf Course Enterprise Funds, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That appropriations be transferred or appropriated as follows: From: Reserve for Contingencies General Fund $ 1,444,046 Water and Sewer Fund 118,095 Total $ 1,562,141" From: Fund Balances -Eity Garage Working Capital Fund 40,811@ Print Shop Working Capital Fund 4,215 ITEM #12788 On motion by Vice Mayor McCoy, seconded by Coun6ilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Ma.vor Patrick L. Standing Nays: None Absent: Councilman F. Reid Ervin, and Councilwoman meyera E. Oberndorf City Council voted to approve on second reading the following ordinance to accept grants totaling $83,083 from State aid to Public Libraries and Federal aid to Public Libraries and to appropriate these funds as amended: TOTALLING AN ORDINANCE TO ACCEPT GRANTS EIGHTY-THREE THOUSAND, EIGHTY THREE DOLLARS ($83,083) FROM STATE AID To PUBLIC LIBRARIES AND FEDERAL AID TO PUBLIC LIBRARIES AND TO APPROPRIATE THESE FUNDS AS AMENDED WHEREAS, the City Council is interested in enhancing the quality of service by our Public Libraries, and WHEREAS, grants of $75,512 from State Aid to Public Libraries and $7,571 from Federal Aid to Public Libraries are available for this purpose, and WHEREAS, no local funds are required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the funds from the above two grants be accepted and $83,083 be appropriated for equipment, supplies, and books in the Department of Libraries in the Fiscal Year 1978-1979 Operating Budget as follows: Travel and Training $ 1,295 Library Supplies 1,827 Equipment 37,612 Books 42,299 Periodicals 50 TOTKL APPROPRIATION $ 83 083 BE IT FURTHER RESOLVED THAT, Estimated Revenues from the Federal and State governments be increased by $83,083 to finance the appropriation. First ReadingSeptember 25, 978 Second Reading October 2, 1978 Adopted by the Council of the City of Virginia Beach on the 2 day of October 1978. :JDB:er -20 ITEM #12789 On motion by Councilman Ferrell, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor -. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman P. Reid Ervin, and Councilwoman Meyera E. Oberndorf City Council voted to approve on second reading the following ordinance to appropriate funds in the amount of $33,686 under the Anti-Recession Fiscal Aid Program to be received from the office of Revenue Sharing: AN ORDINANCE TO APPROPRIATE FUNDS UNDER THE ANTI-RECESSION FISCAL AID PROGRAM TO BE RECEIVED FROM THE OFFICE OF REVENUE SHARING WHEREAS, the City Council is interested in providing needed materials, supplies, and equipment for the Police and Fire Departments, and WHERFAS, the Office of Revenue Sharing has paid the City thirty- three thousand, six hundred and eighty-six dollars ($33,686). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds available under the Anti-Recession Fiscal Aid Program be accepted and appropriated, for the following purposes: Estimated Revenue Total From Other Agencies Appropriations Police: Communication equipment @19,165 $19,165 Fire: Winter Coats 6,014 6,014 Hose Ramps 8,507 8,507 686 @686 BE IT FURTHER ORDAINED that the appropriations will be financed by $33,686 Estimated Revenue from the Office of Revenue Sharing. FIRST READING: September 25, 1978 SECOND READING: October 2, 1978 Adopted by the Council of the City of Virginia Beach on the 2 day of October 1978. ITEM #12789 On motion by Councilman Payne, seconded by Councilwoman Henley, and by recorded as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman F. Reid Ervin, and Councilwonan Meyera E. Oberndorf City Council voted to approve on second reading the following ordinance to accept $56,242 from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds: AN ORDIXANCF TO ACCEPT $56,242 FROM THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY AND TO APPROPRIATE THESE FUNDS WHERFAS, the City Council, on March 7, 1977, approved $34,173 in initial funding for the City's current Title II Employment Program under the Comprehensive Employment and Training Act of 1973 (CETA), and % WHEREAS, the City Council, on June 13, 1977, approved $584,335 in additional funding, of which only $580,926 was actually appropriated, due to a reduction of available funds by the Department of Labor (DOL), and WHEREAS, the City Council, on July 3, 1978, approved $12,712 in additional funding, and WHEREAS, the City Council, on Septenber 11, 1978, approved $30,000 in additional funding, and WHEREAS, the Southeastern Tidewater Area manpower Authority (STAMA) has now approved $56,242 in additional funding, which the City wishes to accept, contingent upon the final appr6val by the DOL. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BE&CIL,@ VIRGINIA: That the City Manager is hereby authorized to accept the grant for the City, and funds are hereby appropriated for the following purpose: Estimated Revenue Total From Other Agencies Appropriations CETA - Title II 242 242 BE IT FURTHER ORDAINED that the appropriations will be financed 100% by federal funds from STMM, with no local match required. FIRST READING: September 25, 1978 SECOND READING: October 2, 1978 Adopted by the Council of the City of Virginia Beach on the 2 ITEM #12790 On motion by Councilman Baum, seconded by Councilman Holland, and by tedord6d vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J ' Henry McCoy, Jr., Donald W. 14errick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman F. Reid Ervin, and Councilwoman Meyera E. Oberndorf City Council voted to approve on second readinc, the following ordinance to accept $173,722 from the Southeastern Tidewater Area Manpower Authority, of which $134,978 will be appropriated: AN ORDIMME TO ACCEPT $173,722 FROM THE SOUTHFASTERN TIDEWATER AREA M&NPOWER AUTHORITY, OF WHICH $134,978 WILL BE APPROPRIATED WHEREAS, the Virginia Beach City Council, on February 7, 1977, appraved an initial award totalling $290,000 from the Southeastern Tidewater Area Manpower Authority (STAMA) for the purpose of establishing an employ- ment program under Title VI of the Comprehensive Employment and Training Act of 1973 (CETA), and WHEREAS, the City Council, on March 14, 1977, approved a ,@@@,,:modification to the CETA - Title VI Program, increasing the award to $336,606, WHERE&S, the City Council, on June 20, 1977, approved a modification ITEM #12791 on motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Ilenry McCoy, Jr., Donald W. Merrick, j. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman F. Reid Ervin, and Councilwoman Meyera E. Oberndorf City Council voted to-approve on second reading the following ordinance to appropriate funds for additional voting machines and voting machine storaqe: AN ORDINANCE TO APPROPRIATE FUNDS FOR ADDITIONAL VOTING MACHINES AND,VOTING MACHINE STORAGE WHEREAS, the City is required by Section 24.1-203 of the Code of Virignia to provide a voting machine for every 750 voters, and WHEREAS, since the number of registered voters in Virgini.a Beach is estimated to be 90,000, therefore requiring the City to pro- vide 120 voting machines, and WHEREAS, the number of voting machines presently maintained ,by,the General Regi@trar's office is 107, and WHEREAS, the additional 13 voting machines at $2,365 each will cost $30,745, and WHEREAS, the storage of these machines will require the expansion of the voting machine storage facility at an estimated cost of $24,000, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That funds totaling $54,945 be appropriated from the fund balance in the General Capital Projects Fund for the purchase of 13 voting machines, $30,745; and for the addition of 1,156 square feet,to the voting machine storage building, $24,200. First Reading September 25, 1978 I ITEM #12792 on motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman F. Reid Ervin, and Councilwoman Meyera E. Oberndorf @ty Council voted to approve on second reading the lowing ordinance to amend and reordain Chapter 27, Article IV of the Code of the City of Virginia Beach, Virginia, relating to the Public Law Library: AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 27, ARTICLE IV OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO THE PUBLIC LAW LIBRARY. BE IT ORDAINED BY THE CO(JNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chaptdr 27, Article IV, Public Law Library is amended and reordained as follows: Section 27-15. Created; assessments. Pursuant to section 42.1-70, Code of Virginia, 1,950 as amended, the city hereby creates and establishes a public law library, and does hereby impose and provide an assessment as part of the costs incident to each civil action filed in the circuit courts:and the district courts, located within the boundaries of the city, a sunv of one dollar and for each civil action filed. Section 27-16. Disbursement of,assessments. Such assessment shall be collected by the clerk of the court wherein such action is filed and be remitted to the city treasurer and held by such treasurer subject to disbursements by the council of the city for the acquisition of law books and law periodicals for the establisluent, use and maintenance of a law library, and such disbursefnents may include cornpensation to be paid to librarians and other necessary staff for the maintenance of such library and acquisition of suitable quarters for such library. Section 27-17. Compensation of librarians and staff. The compensation of such librarians and the necessary staff for the maintenance of such library and acquisition of suitable quarters for such library shall be fixed by the governing body. Section 27-17.1 Computer Research - Disbursements. The public law library of the city, pursuant to the rules of the Supreme Court may have access to canputer research services of the state I.aw libr'ary. Disbursements may be made to purchase or lease computer teminals for the purpose of retaining such research services. Section 27-18. Assessment in addition to other costs; inapplicable to certa@in actions. The assessment provided for herein shall be in addition to all other costs prescribed by law, but shall not apply to any action in which the commonwealth or any political subdivision thereof or the federal government, is a party, and in which the costs are assessed against the cornmonwealth, all political sub- divisions thereof, or federal government. Section 27-19. City may accept contributions, etc. The city may accept contributions to the fund or accept law books or law periodicals from any person. This ordinance shall become effective on October 16, 1978. First reading: September 25, 1978 Second Reading: October 2, 1978 Adopted by the Council of the City of Virginia Beach on the day of October 1978. ITEM #12793 The following persons appeared in opposition: Mr. Garland Isdell Mr. Leo Marshall, Tidewater Home B,ilder, Association Councilman Ferrell made a motion, seconded by Councilm,n H,lland, to defer for one week the following ordinance to amend nd reordain Section 17.22 of the Code of the City of virginia Beach, Virginia, pertaining to discharge of garbage, etc. at City disposal areas and to repeal Section 17-22.1. The recorded vote is as follows: AYes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing S: None sent: Councilman F. Reid Erviii, and Councilwoman Yeyera E. erndorf tY Council voted to defer for one week the following ordinance to' d and reordain Section 17.22 of the Code of t-he City of Virginia Beach, Virginia, pertaining to discharge of garbage, etc. at City 1 areas and to repeal Section 17-22.1: 1@15 I I AN ORDINANCE TO AMEND SECTION 17.22 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DISCHARGE OF GARBAGE, ETC. AT CITY DISPOSAL AREAS AND TO REPEAL SECTION 17-22.1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Secti on 17-22 of the Code of the Ci t@ of Vi rgini a Beach , Vi.rgini"a', is hereby amended and reordained as follows and Section 17.22.1 is hereby repealed. Section 17-22. Disposal of Sanitary Solid Waste, etc., at City Disposal.Areas. A. Refuse Collected in City. Sanitary solid waste, refuse or garbage generated solely within the City of Virginia Beach may be de- posited at the City refuse disposal areas free of charge, subject to the following bxception; (1) There shall be a fee of $3.50 per ton,- or any part thereof, for all construction debris designated as fill material as opposed to sanitary solid waste, refuse or garbage. Construction debris shall 'nclude, but not be limited to, building materials from remodeling, demolition, or new construction-,- landscape debris, bushes, concrete and trees, provided that tree stumps shall not be accepted or deposited at the refuse disposal areas. B. Private Firms Depositing Refuse.. Private sanitary solid waste, refuse or garbage firms may deposit solid waste, refuse or garbage collected within the City of Virginia Beach at the refuse disposal areas free. of charge, subject to the provisions of paragraph (A), provided; (1) The proper City of Virginia Beach business license has been purchased and is current. (2) The vehicles transporting the sanitary solid waste, refuse, rr i ctirrent Cit,/ of Virninia Eeich Citv lic:p-nF@ ciecai displayea. (3 ) A refuse disposal peytnit has been issued by the Director of Put)lic Works or his designated agent. Such permit shall be issued only upon the cer@ification and affidavit by the applicant that all sanitary solid waste, refuse or garbage will be generated and collected within the City of Virginia Beach. The fee for such permit shall be $25.00 per vehicle, per year or any part thereof. Such penilit shall expire December 31 of each year. Such permit decal shall be displayed on each vehicle listed in the permit, as indicated on such decal. C. . There shall be a fee of $.35 per tire for cutting and disposing ol@ tires. D. Scales and Fee Collection Procedures. The Director of Public Works, in conjunction with the Director of Fiiiance, is hereby authorized to establish such scale and fee collection procedures as they may de- terinine to be necessary to ensure the efficient collection of fees ini- posed; provided, that the Director of Ptiblic Works or his designated agent shall have the authority to determine what sanitary solid waste, refuse or garbage shall be acceptable for deposit at the refuse disposal areas. E. Hours of Operation. The Director of Public Iqorks is hereby authorized to establish reasonable hc)urs for the operation of the refuse disposal areas. F. Enforcement. The Director of Public Works or his designated agent shall have all necessary autliority on behalf of the City Council to adniinister and enforce this Ordinance, including the issuing of a suffmons for violation of this Ordinance, and the bringing of legal action to insure compliance with this Ordiiiance, including injunction G "al ties. Any violation of this Ordinance shall con- stitute a class I misderneanor. Any officer or agent of a corp@oration, or member of a partnership or associati on, who shall personally participate in or be accessory to any violation of this Ordinance by such corporation, partnership or association shall be subject to the penalties herein, The Director of Public Works or his de,ignated agent is hereby authorize'd to revoke or suspend any refuse disposal pertnit and to Prevent any person or fim from utilizing the refuse disposal areas for good cause. DEFERRED ONE WEEK: October 2, 1978 Adopted by the Council of the Ci of Vir ty ginia Beach, Virginia, on the day of 1978. ITEM #12794 On motionl,by Councilman Ferrell, seconded by Councilman Baum, and by rec6rded vote.as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, and Mayor Patrick L. Standing Nays: Councilman Roger L. Riggs Absent: Councilman F. Reid Ervin, and Councilwoman meyera E. Oberndorf, City Council voted to approve the following ordinance to amend Chapter 37 of the Code of the City of Virginia Beach, Virginia, by adding thereto a new Section 37-29(b((2.1) relatinci to line fees for structures with two or more family residential units: I Requested by: City Manager AN ORDINANCE TO AMEND CHAPTER 37 QF@THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING THERETO A NEW SECTION 37-29(b)(2.1) RELATING TO LINE FEES FOR STRUCTURES WITH TWO OR MORE FMIILY RESIDENTIAL UNITS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 37 of the Code of the City of Virginia Beach, Virginia, is hereby amended by adding thereto a new Section 37-29(b)(2.1) as follows: (2-1) Structures with two or more family residential units: For the first unit . . . . . . . . . . . . . . . . . $500.00 For the next units to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . $160.00 For the next units from 13-24 units per acre density; per unit or fraction thereof, . . . . . . $315.00 For the next units from 25-36 units per acre density; per unit or fraction th,ereof . . . . . . $470.00 For all units over 36 units per acre density; per unit or fraction thereof . . . . . . . . . . . $500.00 Where more than one use occurs on a parcel, density for multifamily shall be based on the land area of the entire Parcel excluding the square footage occupied by all other existing uses. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of October 1978. AB/cj 9/20/78 ITEM #12795 On motion by Co.ncilman Ba=, se@o.ded by Co..cila. P.y.., ..d by recorded vote a. follo.s: Ayes: Councilmen John A. Ba@, Geor@e R. Ferrell, Cou,@.ilwoman Barbara M. Henley, Clarence A. 11oll.nd, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and 14.yor Patrick L. St.nding Nays; Comcilme. Donald W. Mrrick, and Roger L. Rigg. Absent; Co.ncilman F. Reid Ervin, and Cou.cilwoman Mey.ra E. Oberndorf City Comcil voted to ppro- the followi.g ordi.ance to amend a.d reordain Section 37-29(b)(2) of the Code of the City of Virginia Beach relating to line fees for Hotels and Motels: AN ORDINANCE TO AMEND AND REORDAIN SECTION 37-29(b)(2) OF T4iE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO LINE FEES FOR HOTELS AND MOTELS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-29(b)(2) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: (2) Motels and hotels, For the first unit . . . . . . . . . . . . . . . . . . . .$500.00 For the next units to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . .$160.00 For the next units from 13-24 units per acre density; per unit or fraction thereof . . . . . . . .$315.00 For the next units from 25-36 units per acre density; per unit or fraction thereof . . . . . . . .$470.00 For all units over 36 units per acre density; per unit or fraction thereof . . . . . . . . . . . . .$500.00 Where more than one use occurs on a parcel, density for motels and hotels er-iRult4faRit4y shall be based on the land area of the e t@ire parcel excluding the square footage occupied by all other existing uses. The Director of Public Utilities , he ely autho d to enter into written agreements, pursuant z:I r ri t. ara @r. h Th T b ow, which further proides that in the event the line fees set torth at)ove are chan@ @d " ct , C 'Ounc l' w' thin twelve months from the date of to the ty the agreement, then th" new rat@ S.11 ' p tems set forth in parar,,ph h, an,,any dilference in the initial own pa ntla 11 b@ eith@r due r refnded and the remaining_ ym ti7e en shal1be adjusted accordingly. Interest shall only accrue on that portion ot the unpall I)alance r Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of October 1978. AB/cj 9/20/78 APPROVED AS TO FORM CITY ATTORNEY ITEM #12796 On mtion by Co@cilman Payne, s.conded by Mayor Standinq, and by recorded vote s follows: Ayes: Co.ncilme. i.h. A. Baw, G.Orge R. Ferr.11, Co.n@il.o..n Barbara M. Henley, Clare.c. A. Holla.d, Vice Myor J. Hen@ M.Coy, Jr., Donald W. Merrick, J. Curtis Payne, and Mayor Patrick L. Standing Nays: CO=Cil@n Rog.r L. RiggS Abs.nt: Council..n F. Reid Ervin, a.d Co.ncil@o.an Mey.ra E. Oberndorf City Council voted to approve th. follo.inq ordi.ance to a ... d Cha.ter 29 f the Code of the City of Virginia Beach, Virginia, by adding th.r.to a Section 29-3(b)(2.1) relating to line fees for str.ctures ith two or mre fa.ily resid.ntial u.its; AN ORDINANCE TO AMEND CHAPTER 29 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING THERETO A SECTION 29-3(b)(2.1) RELATING TO LINE FEES FOR STRUCTURES WITH TWO OR MORE F41ILY RESIDENTIAL UNITS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 29 of the Code of the City of Virginia Beach, Virginia, is hereby amended by adding thereto a new Section 29-3(b)(2.1) as follows: (2.1) Structures with two or more family residential units: For the first unit . . . . . . . . . . . . . . . . . $780.00 For the next units to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . $240.00 For the next units from 13-24 units per acre density; per unit or fraction thereof . . . . . . $475.00 For the next units from 25-36 units per acre density; per unit or fraction thereof . . . . . . $710.00 For all units over 36 units per acre density; per unit or fraction thereof . . . . . . . . . . . $780.00 Where more than one use occurs on a parcel, density for multifamily shall be based on the land area of the entire parcel excluding the square footage occupied by all other existing uses. Adopted by the Council of the City of Virginia Beacli, Virginia, on the 2 day of 1978. AB/cj 9/20/78 A-RO Al 10 C 9NW DEPARTMEr4T APPROVED AS TO FORM @'..Al R@ @ITY ATTOPNEY ITEM #12797 On motion by Co--cilman Fe@rell, secoded by M.yor St.nding, a.d by recorded vote as follows: Ayes: Co.ncilmen J.hn A. Ba=, G.orge R. Ferrell, Co.ncil@o..n B.rb.ra M. Henley, Cl.r.nc. A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis P.y.e, nd Mayor Patrick L. Sta.di.g N.ys: Cou.cilman Do.ald W. Merrick, a.d Roger L. Riggs Absent: Councilman F. Reid Ervi., nd Councilwoman meyera E. Oberndorf City Council voted to approve the following ordinance to am,.d and reordain Sectio. 29-3(b)(2) of the Code of the City of Virginia Beach relating to ii.e fe.s for h.t.ls and mot.1s: AN ORDINANCE TO AMEND AND REORDAIN SECTION 29-3(b)(2) OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO LINE FEES FOR HOTELS AND MOTELS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 29-3(b)(2) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: (2) Motels and hotels, and-struetui-es-w4th-two-or-mare-faFH44y-Fe54deRt4al biR4ts: For the first unit . . . . . . . . . . . . . . . . . . . . $780.00 For the next units to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . $240.00 For the next units from 13-24 units per acre density; per unit or fraction thereof . . . . . . . . . $475.00 For the next units from 25-36 units per acre density; per unit or fraction thereof . . . . . . . . . $710.00 For all units over 36 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . $780.00 Where more than one use occurs on a parcel, density for motels and hotels er-mu4t4fam44y shall be based on the land area of the enfl-re parcel excluding the square footage occupied by all other existing uses. The Director of Public Utilities enter h ve cord- in Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 day of October 1978. APPROVED AS TO CONI-EN@ AS/cj 9/20/78 CITY ATTORNEY ITEM #12798 0. notion by Council-n Merrick, ec.nded by Co=cilma. liolland, ..d by rec.rded @ote as follo.s: Ayes: Councilmen John A. Ba.m, C.=cilwoan Barb.@a M. Henley, Clarence A. Holland, Vice Playor J. Henry MCC.Y, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Rigg., nd Mayor Patrick L. Standing Nays: Councilman Geo@ge R. Ferrell Absent: Co=cilman F. Rid Ervin, and Co.ncilwoman Meyera E. Oberndorf City Co.n.il voted to adopt the following r.solution to obtai. written approval from all affect.d State and Federal g..cies to determine whether the proposed site is n@i@onmentally acc.ptabl. a. a mun.cip.Ily-ow..d spoil site and @ecr..ti.nal boating facility: The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building of the City of Virginia Beach on the 2 day of O@t.b@@ -, 1978. On motion by Co.ncilman @l.-ick and seconded by Co.n@ilman Holland the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, it is the express desire and intent of the City Council of the City of Virginia Beach to provide additional recreational boat launching facilities to the citizens of Virginia Beach; and WHEREAS, a special citizens site selection comittee has recomended sites near Lynnhaven Inlet as being most desirable, and WHEREAS, the City Council has agreed to provide the U. S. Amy Corps of Engineers with a suitable spoil disposal site as a required item of local cooperation for the federally authorized "Lynnhaven Inlet, Bay, and Connecting Waters, Virginia Project," and WHEREAS, there presently exists a parcel of vacant property located adjacent to Lynnhaven Inlet which has been approved by the District Engineer as a suitable spoil disposal site, and WHEREAS, the same parcel of property may also satisfy the City's require- ments for a recreational boat launching facility. NOW THEREFORE BE IT RESOLVED, that the City Council intends to authorize acquisition by purchase or condemnation of the approximate 16 acre parcel located inTnediately southwest of the Lesner Bridge at Lynnhaven Inlet, comonly known as the Winder property, upon receipt of written assurances from all affected State and Federal agencies that the development of the site as a spoil site for the federal dredging project and as a municipally operated recreational boat launching facility would not be environmentally objectionable and that the required permits would be issued upon application by the City of Virginia Beach for sanie. BE IT FURTHER RESOLVED that the singular purpose of this resolution is to obtain written approval from all affected State and Federal agencies concerning the said parcel and to have the parcel determined as environmentally acceptable as a suitable municipally owned spoil site and recreational boating facility, the benefits of same to inure to the citizens of Virginia Beach and to the region of Tidewater, Virginia. ITEM #12799 Mayor Standing appointed the following comm-ittee to meet with the City Manager to discuss tlie problems of crab pots: Mr. E. T. "Joe" Buchanan Mr. Grayson V. Bradshaw Sergeant Stanley ]3ennett Councilman Donald @q. Merrick Mr. James L. Sisson, Jr. Mr. Dave Davis ITEM #12800 On motion by Councilman Holland, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman F. Reid Ervin, and Councilwoman meyera E. Oberndorf City Council voted to appoint Reverend Kenneth R. Carbaugh to fill the unexpired term of Reverend James Rush on the Mental Health/ Mental Retardation Services Board, expiring February 1, 1979. -.-TEM #12801 On motion by Councilman Holland, seconded by Councilman Baum, and by recorded vote as follows: Ayes. Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman F. Reid Ervin, and Councilwoman Meyera E. Oberndorf City Council voted to appoint the following to the Social Services Advisory Board: Mrs. Eileen Ayvazian - filling the unexpired term of Mrs. Louise Allen, term ending August 6, 1980 Mrs. Joseph E. @ialton, Jr. - filling the unexpired term of Mrs. M. @V, Eerring, term expiring Au@usi: 6, 1982 ITEM @12802 Tlie City Manager indicated he would like to correct a statement he made previously which was incorrect with regards to South Boulevard. The ric,Tht-of-way is the same as in Windsor Woods, 60-feet, the pave- ment is 37 feet, as indicated by the people in Windsor woods. The new road would be 5-feet wider. It's 44 feet as compared to 37 feet. ITEM #12803 On motion by Councilman Merrick, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. 14errick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman F. Reid Ervin, and Councilwoman Meyera E. Oberndorf City Council voted to approve a raffle permit for the Cape Henry Collegiate School. ITEM #12804 On motion by Councilman Baum, seconded by Coincilmaii Ferrell, and by acclamation, the meeting adjourned. Richard J. -7 bbon, City Clerk mayor Po City of Virginia Beach, Virginia October 2, 1978 h