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AUGUST 21, 1978 MINUTES OF TIIE HONORABLE CITY COUNCIL OF THE CITY OF VIRGIITIA BEACH, VIRGINIA August 21, 1978 The regular Tqeeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Con--Ference Room, in the Adriinistration Building, on Mondav, August 21, 1978, at 12:30 p.ri. Council Members present: F. Reid Ervin, George R. Ferrell, Council- woman Barbara M. Henley, Vice Mayor J. Ilenry McCoy, Jr., Donald W. Merrick, Councilwoman Pleyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members absent: John A. Baum, Clarence A. Iiolland*, and Roger L. Riggs** !TEM #12581 *COUNCILDlAN HOLLAND ENTERED IIEETING AT 12:35 p.ri. **COUNCILMAN RIGGS ENTEREO MEETING AT 12:35 p.ri. Mayor Standing entertained a motion to permit Council to conduct an informal meetina to be followed by an executive session for the purpose of discussing the following: 1. Discussion or consideration of employment, assignr@ient, appointment, promotion, demotion, salaries, discipline or resiqnation of public officers, appointees or employees of any public body. 2. Consultation with lecal council and briefing by staff members, consultants, or attorneys pertaining to actual or potential litiaation, or other legal matters within the jur- isdiction of the public body. On rtiotion by Councilman Merrick, seconded by Vice Mayor McCoy, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara @ll. Henley, Clarence A. Holland, Vice Mayor J. lienry @',CCo@,, Jr., Donald ;V. Plerrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None P,bsent: Councilman John A. Baum City Council voted to proceed into the executive session following the informal discussion. ITEM 412582 The City Manager stated that on Nove,@er 9, 1976, the apl)lication of the Virginia Beach Racquet Club was heard by the Planninal Coin.mission, and on Noveip@er 16, 1976, a use permit was granted by the City Council. On March 21, 1977, City Council amended the zoning ordinance to allow a recreational facility of an outdoor nature to be enclosed on a temporary or seasonal basis. On June 20, 1977, Doctor Shiflet appeared before City Council to amend his use permit to allow the tennis facilities to be enclosed on a temporary or seasonal basis, in accordance gith the amendrient adopted by Council on March 21. Plans were filed for the facility at tliat time. Tlie structure was filed with the application, and the City manager's review o@- it does give an indication of a side view, floor plan, and hov7 it would basically look. The side view does show a lieight of 47-feet. Council requested the City Attorney to stucly this matter aiid bring back to Council his recommendations. ITEI-I #12583 The City Manager stated that Mr. L. Hudgins would like to develop his property in the Ocean Park section of Virginia Beach, near the Chesapeake House. The City indicated they will require Mr. Hudgins to build behind the dune line (16' contour line), as he had to do on the other parcels he developed, and to build a private 18' ease- ment instead of building on the platted riaht-of-way. Further, he will have to establish a berm and plant cord grass. The City Manager indicated that Mr. iludgins has agreed to these stipulations. ITEM @12584 The City Manager stated that on the East side of the Lesner Bridge, near Seagate Colony Condominium, Mr. Rocco Lassiter would like to develop his property. The owner will be required to stay behind the dune line (14' contour line), and provide a 40' right of way, however, in order to do tha-, some changes will have to be made in the normal configuration, which does not present any problems. ITEM #12585 The City Manager stated that the City has been studying the disclosure ordinance because of ACU-@E and the residential developments around Oceana, to see if soriething could be done. Mr. David Grochral, Assistant to the City Manager, received a letter from Mr. Andrew Heatwol, Chairman of the Legislative Committee of the Board of Realtors, indicating that there is a concern to try to aive some disclosure and possible some self-imposed regulations which could be initiated before Council or the General Assemble proposed action. The Navy officials agree with whatever self-imposed regulations are established. After considerable discussion Council requested the staff to study this r@iatter furtl-ier to see if Realtors should inform potential buyers that they are in the high noise zones, and further to see if they should provide information to the buyer regarding such matters as if the property they are purchasing for a home will one day be in a commercial area. ITEM #12386 At 2:15 p.n,., City Council reconvened in the Council Chailbers with the following Members present: F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor @atrick L. Standing Council Members absent: John A. Baum, and Clarence A. Holland* The invocation was given by the Reverend 1,7illiam Austin, virginia Beach Christian Church, followed by the Pledae of Allegiance. ITEM #12587 COU14CILI@lAtJ FIOLLAND ENTERED MEETIN-G AT 2:20 p.m- On niotion by Councilman Ferrell, seconded by Vice Mayor McCoy, and by recorded vote as folloWS: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry liccoy, Jr., Donald W. merrick, Councilworan Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to approve the minutes of the regular meeting of August 14, 1978, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #12588 On motion by Councilman Payne, seconded by Vice Mayor McCoy, and by recorded vo-,e as follows: Ayes: Councilmen F. Reid Ervin, Georae R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Hollaiid, vice mayor j. Ilenry McCoy, Jr., Donald W. Merrick, Councilwonan 14eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standinq Nays: None Absent: Councilman John A. Baum City Council voted to approve tlie following consent aaenda, 7b through 7f, with the exception of 7a and 7c, which will be vo@ed on separately. !TEM #12589 The following bids have been received for the North Virginia Beach Sanitary Sewerage System, Contract III, Punp Stations 1, '@, and 3: Luke Construction Company $441,600.00 Crowder Contracting Co., Inc. 514,700.00 Gavco Corporation 548,000.00 Hunt Contracting Corporation 590,457.00 Engineer's Estimate $400,000.00 On motion by Councilman Payne, seconded by Vice Mayor McCoy, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Ho'@land, Vice Mayor J. Ilenry McCoy, Jr., Donald ;q. Merrick, Councilwoman Meyera E. Obernlorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to approve the low bid of Luke Construction Company, in the amoun-I of $441,600.00, for the North Virainia Beach Sanitary Sewerage Sys-lem, Contract III, Puinp Stations 1, 2, and 3; and further authorized the City Manager to enter into the necessary agreements in order to implement this project. ITEM #12590 on motion by Councilman Payne, seconded b,,, Vice Mayor lIcCoy, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. kierrick, Councilwoman Mevera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Staliding Nays: None Absent: Councilman John A. Baum City Council voted to approve the following tax refunds in the amount of $393.72: o L "I 7 Tllv)-, TYPE fl@-@oll-E@l%-- D -'k I'A@' YEA-@', O"@ iiV--, 'J:FON Vi-.*Llls, A.I-I(,-n & Joan 1973 ',@IE 75 3 2 2 5-25-78 8,11. (18 '@l,uKp,liy, J.,' ent Spink & I s J. 1,. Cregory 1978 1,ri; 25079 11-23-7-, Col M19n, Charles A 1978 PP 181-13 6-1-78 3-@.4'0 Sav. & Lo (I.Cerry' Corp.-Dileonardo 1978 RF"' 2 63631 6-1-73 69. ii..j.nT,iy. r,. Ve-r@E,'ara il978 CD. 1386(,8 7-10-78 7. C, F,in6ry R. Rumble 19-78- CD __[33725 1-19-7.3 c trit- cc;L c. j@i C) Cit:y BL@.icli 0.,1 tlie clly C)I- JCi3,i T. t@cii a Cit3, C, ITEM #12591 On motion by Councilman Payne, seconded by Vice Mayor McCoy, and by recorded vote as follows: Ayes: Councilmen P. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to approve the following license refunds in the amount of $923.86: AN ORDINANCE AUTIIORIZING LFCE,,ISE REFUNDS UPON APPLICATION OF CERTAIN PERSONS @ND UPON CERTIFICATION OF TIIE COIL%IISSIOINER OF TIIE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF-ACII, VIRGINIA: That the followiiig applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE NAME YFAR PAID BASE PENALTY INT. TOTAL R.D.V,'ORREI,L 3977-78 S ame -qEE AUDIT REPOPTJ i8.25 Certified as to Payment: IVIIN D, -,I,,PP D/,.' @lapp JA@,IES-,E. GiiPRr,,TT,C,,,.I)P@ i co ss oner of Revenue Approved a s orm ale Bitison ty Attorney The above abatement(s) totaling igere approved by the Council of the City of Virginia Beact@ on the j- clay of @chard J. lle bon Ci.tv Clerk I rm: C. A. 8 AN ORDINAINCE AUINIORIZING LICENSE REFUNDS UPON APPLICATION OF CERTA114 PERSONS A.'iD UPON CERTIFICATIBN OF THE CO,@IISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE N@IE YEAR PAID BASE PENALTY -INT. TOTAL or)r). j@. 76 -79 5-3-"@ 50. r)o Ce ayment: Ivi Commissioner of Revenue Approved as W form: ),, J.M rney The above abatement(s) totaling I ol ved by the Council of the City of Virginia Beach on the day of 19'2P RiEh City C. A. 8 AN ORDINI@CE AUTIIORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATib,@' OF THE COMMISSIONER OF THE REVEI,'UE BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BFACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE NAME YEAR PAID BASE PENALTY INT. TOTAL -- MkRK P.GITBE-RT 1 976-77 SAIC, SEF AIJDIT DIFECTIVE ; 737.60 Ce ayment: Col venue Ap rm: ty Attorney The above abatement(s) totaling were approved by the Council day of 19 of the City of Virginia Beach on the ,-har J. Webibon City Cl.erlc UPON AJ'PLICATION' 01,' CEi,TAI.,'.' P','I@SO@@S UPON CERTIFICATION OF TIIE COM@IISSIONER OF TIIE REVENUE BE IT ORDAINED BY THE COUNCIL OF IEE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upoii certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE 14AME YEAR PAID BASE PENALTY INT. TOTAL COT,ONI&T, CIIARM T,TD 1977 1977 SEE AUDIT Ii 8 r)l c ayment, Ivari D. @laf p v Commissioncr of Revenue App m: City Attoi:ney The above abatement(s) totaliiig were appro,,Cd by th('- Coulicil of the City of Virginia Deach on tlie day of -7-- , Lg I-IEM #12592 On motion by Councilman Payne, seconded by Vice Mayor McCoy, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald 1,7. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to approve the following Bingo/Raffle Permits: Beach Borougli Jaycees East Coast Surfing Championship Raffle BPOE Elks #2268 (renewal) Bingo ITEM #12593 Councilwoman Oberndorf made a motion, seconded by Councilman Merrick, to defer item 7c, which was for tax refunds in the amount of $9,208,98 until the end of the meeting. The recorded vote is as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry 2,IcCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to defer until the end of the meeting item 7c of the consent agenda which was for tax refunds in the atqount of $9,208.98. ITEM #12594 Councilman Merrick made a motion, seconded by Councilwoman Oberndorf, to defer item 7a, which was the low bid of Gavco Corporation, and the low bid of Chicago Bridge and Iron Company for the Columbus Street Pump Station and Standpipe #2. The recorded vote is as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCo,v, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to defer until the end of the meeting item 7a of the consent agenda which was the low bids of Gavco Corporation and Chicago Bridge and Iron Company for the Columbus Street Pump Station and Standpipe #2. ITEM #12595 On motion by Councilman Merrick, seconded by Councilworian Oberndorf, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to approve on second reading the following ordinance to appropriate additional funds for Fiscal Year 1979 for the payment of purchase orders brought forward from Fiscal Year 1978, in the amount of $2,287,080: AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS FOR FISCAL YEAR 1979 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1978 WHEREAS, during the course of business in fiscal year 1978, purchase orders or contracts were issued committing the city to purchases of materials, supplies, equipment or services for use by several departments, divisions, or bureaus and, WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1978 so as to reduce the unencumbered balance of those appropriations and, WHEREAS, on June 30, 1978 there were purchase orders or contracts totaling $2,287,080 for which materials, supplies, equipment or services had not been delivered or invoiced, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the funds totaling $2,287,080 unexpended and represented by purchase orders outstanding on June 30, 1978 be reappropriated as additions to fiscal 1979 appropriations to the respective departments, divisions or bureaus of the city so that upon the delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. These funds shall be appropriated from the following respective fund balances: General $1,266,618 Water & Sewer Fund 117,208 Golf Course Enterprise Fund 2$998 Law Library Fund 184 School Operating Fund 900,072 Total Appropriations $2 287 080 This ordinance shall be effective from the date of its passage. First Reading: August 14, 1978 ITEM #12596 An Ordinance upon Application of Holland Associates, A Virginia General Partnership for a Chanqe of Zoninq District Classification from R-8 Residential District t6 A-3 Apartment District on certain property located 1000 feet more or less South of Holland Road beginning at a point 1520 feet more or less West of Proposed Rosemont Road, running a distance of 1625 feet along the Northern property line, running a distance of 750 feet along the Western property line, running a distance of 105 feet in an Easterly direction, running around a curve in a Northeasterly direction a distance of 1360 feet and running a distance of 750 feet along the Eastern property line. Said parcel contains 20 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 9 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. A modification to A-2 Apartment District. 2. Standard improvements as required by the Site Plan Ordinance. 3. City water and sewer. 4. The proposed drainage system must meet the specifications of the Department of Public Works. Mr. Grover C. Wright, Jr., Attorney, represented the petitioner Mr. Wliteside, representing the Green Run Homeowners Association, appeared in opposition Vice Mayor McCoy made a motion, seconded by Councilman Ferrell, to approve the following ordinance upon petition of Holland Associates, A Virginia General Partnership, for a Chanqe of Zoning District Classification from R-8 Residential Di tri@t to A-2 Apartilent District (modified from A-3 Apartment District). The recorded vote is as follows: Ayes: Councilmen George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: Councilmen F. Reid Ervin, Councilwoman Barbara M. Henley, Donald W. Merrick, and Councilwoman Meyera E. Oberndorf Absent: Councilman John A. Baum City Council voted to approve the following ordinance upon petition of Holland Associates, A Virginia General Partnersliip, for a Change of Zoning District Classification from R-8 Residential District to A-2 Apartment District (modified from A-3 Apartment District). ORDINANCE UPON PETITION OF HOLLAND ASSOCIATES, A 10878372 VIRGINIA GENERAL PARTNERSIIIP, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 Residential District to A-2 Apartment District (modified from A-3 Apartment District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Holland Associates, A Virginia General Partnership, for a Chanqe of Zonin District Classification from R-8 Residential Dis- trict to A-2 Apar from A-3 Apartment District) on certain property located looo feet more or less South of Holland Road beginning at a point 1520 feet more or less West of Proposed Rosemont Road, running a distance of 1625 feet along the Northern property line, running a distance of 750 feet along the Western pro- perty line, running a distance Of 105 feet in an Easterly direction, running around a curve in a Northeasterly direction a distance of 1360 feet and running a distance of 750 feet along the Eastern pro- perty line. Said parcel contains 20 acres. Kempsville Borough. Approval of this request iS subject to the following conditions in conjunction with the intended use of the land: 1. A modification to A-2 Apartments. 2. Standard improvetnents as required by the Site Plan Ordinance. 3. City water and sewer. 4. The proposed drainage system must meet the specifications of the Department of Public Works. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of ugust , 1978. ITEM #12597 An Ordinance upon Application of George C. Hunt for a Chanqe of Zoning Dist ict classification from R-5 Residential District t R-8 Residential T, s-t erty located on the North side of Parliament Drive beginning at a point 180 feet more or less West of Yoder Lane, running a distance of 680-16 feet along the hern property line of which 616.71 feet is the North side of Parliment Drive, running a distance of 585-68 feet along the Western property line, running a distance of 693.14 feet along the Northern property line and running a distance of 838.69 feet along the Eastern property line. Said parcel contains 10.7 acres. KEMPS- VILLE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 7 for the motion, 2 against and I abstention to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary along Parliament Drive; this includes pavement widening, curb and gutter, sidewalk and drain- age facilities. 4. An adequate off-site drainage system with the necessary drainage easements will be required. Mr. Grover C. Wright, Jr., Attorney, represented the petitioner Mr. Timothy Lewis appeared in opposition - presented petitions Vice Mayor McCoy made a motion, seconded by Councilwoman Oberndorf, to deny the above petition of George C. Hunt for a Chanqe of Zoniin District Classification from R-5 Residential District to R-8 Resi- denti@l District. The-recorded vote is as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing ,Nays: None Absent: Councilman John A. Baum City Council voted to deny the above petition of George C. Hunt for a Chanqe of Zoninq District Classification from R-5 Residential Dis- trict to R-8 Residentiai Dist ict on certain property located on the North side of Parliament Drive beginning at a point 180 feet more or less West of Yoder Lane, running a distance of 680.16 feet along the Southern property line of wliich 616.71 feet is the North side of Parliament Drive, running a distance of 585.68 feet along the Western property line, running a distance of 693.14 feet along the Northern property line and running a distance of 838.69 feet along the Eastern property line. Said parcel contains 10.7 acres. Kempsville Borough. This was denicd as it @,7as felt tliat tlie proposed zoning was not appropriate for tliis sit(, given the surrouncling single-far@lily residential land use pattern. ITEM #12598 Councilman Ferrell made a motion, seconded by Vice Mavor McCov, to aDorove item 7c under the consent aaenda, which was for tax refunds in the amount of $9,208.98. The recorded vote is as follows: Aves: Councilmen F. Reid Ervin, Georqe R. Ferrell, Councilwoman Barbara M. HenleV, Clarence A. Holland, Vice MaVor J. Henry McCov Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: Councilwoman Meyera E. Oberndorf Absent: Councilman John A. Baum City Council voted to approve the following tax refunds in the amount of $9,208.98: TAX lYPE Totalin.@ $ TIC-K,ET Y@P, OF Tk%Y 'r,'tTCLBEtll TIO'@ 11-O.- P.',-,-D TIF.,"ALT-f I@;T.- Cape lienry Towers Inci 1976 RE1/2 68232 6--10-76 CY lz@ .9z@ 2-28-77 1.5.69 91 7 7 22.53 23,(5 91-78 26.87 28.21 9179 26.QO -27.30 9180 29..@7: 50.94 9181 .26. oo 27.30 26.0.0 9132 2:7.30 9183 27 7:1 29.12 9184 l@7. 3f 9185 45.OC) 47.'@2 91-8 6 22.53 23 . 65' 911-87 7. j- 6. 5 91.88 12.59 9189 '@9.12 9191 2/,.C;o 2 9 . 3 0 91012 ic. I.(, 17.00 ..Cric,. zbcve Certi@!@E-@(2a na tD - th@- @unc:il f thL City ol@ Virg,4,ni@L .Be.ich on the _ clay of Pppr,,@,ed to fo@. h,, @d 14ebbort, Cit3@ Cle-'C 1;@ IT C)-;U-@,I"FD LY F j:HL (.L5-z C)F VI@',G!','TA- i E: cou@@c L 0 That t'nE! f ol lo-,4 !-rtc, i-0,1,., f c,r r@t@L@Cld @,poa of tlie Tre@isurer are hert,by 11)provE--Cl Tlkx i-yp E '.Cf C -f F@ XO E DA-, Y f-(\ P, 0 P 'E;,X Lpc!,"@ E R ';O. P-@.T D PI:L"ALi-f I',,'T . Cape Henry Towers 11,176 9193 6-10--16 2-28-77 17. @)O 9195 16.26 17.07 9196 16-.26 1 7. (@ @- 9198 15.Sl@ 9199 16 )3 9200 15. 01, -15.-7'0 -0 1. 9201 15. 15.7'0' 920-1 12.0@ 12.67- 920/@ 2@.00 29.36 9205 16.-/7 17.61 9206 28.08 2 9. l@9 92f)7 1 6. -2,,@ 9206 6.26 17.0/ 9209 16.33 17.15 9210 16.'@13 17. l.'j 9212 16. 7(' 92.1.3 1 5 .1111 3,6. /0 9214 1 5. C)8 -ib a t el P-bove Cerptfiecl Is to I),a)-m2n-,; were c;f the Cit7 o@@ v@igini-a Beac',i o-i the _ day of Approve 7@b b,, C D ac c-- 7 - 7 0 tO@%, C) B': IT C@1,DAI"ED l@Y TIIE COU@l(:Ii, 0-@ lif[E CL-TY 01- VII@Gl"IA Tri,@ tne:! fc)llo-,4.@n,L, fol: til@ re@lu,.cl-- of Treasurer are here',)y approved: Tllkx I'YPE TIC-@,T EXO\EIZ-111- DA-E YF-Al' CY T,@@, TION @,'O. P-?,Tr) 1,@T. TC)TIL Cape Henry Towers Inc 1976 l@'E!,, 9215 6-10-76 15.08 RE2/2, 2-28-77 15.84 9217 12.13 12,74 9218 28-.03 29.4-9 9219 16..85 '17.@69 9220 29.66 9221 .1 6. 3 -3 1 7.-15 9222 1.6. 33, 17.15, 9223 16.39@' 17.21 9224 17.'2'i 922r) 15.97 7 L6.7/ 92-z7 1.5. 97 16. 7/' 92 2 9229 3-5. CIO 9232 28,25 ')9.66 9233 16.92 1 7 . 76 01236 17.21 9237 16. l@7 1.7. 21; 9238 16.47 1-7.29 The ,bove abate.-,ient(s) tota, 1,7ere apprC)V--' !Dy th -@C tT,@ -1@of the C:Lty 0.@ Beach cn the dty of Approved as to form: IT o@, 1.@: co;@@llc-(L@ (i', 'JITE: i ct i@ o fr@r t,-c;oa cer Trea-urer arc-@ lieri,by @tpprovecl- TA-X TYPF TICi'@-ET YFAF, OF Tvx PAFD 11@T. T O',--L Cape Henry Towers 1976 RE" 9240 6-10-76 16.04 RE2/@ 2-28-77 16.84 9241 16.,-@4 16. 31@ 9242 1,5.22 15.98 9244 16.04 .1,6.94 9245 12.'28 12.81) 9 2z@7 16. 9.3 1 7 .-,5 "I 9249 16.47. 1.7. 2@ 9250 16.47 9251 1.6. 17 9252 1- 7. 9254 16.12 1-6. 9255 16..1,". 1 6. 9,11 9256 1, 6. 0 -'5 9 25 7 15. 2@) 10.05 9253 16.12 1 6. 92 59 1 2. 1 2 . 9261 17.91 9263 16. ")3 7.'-j T-rie 2bove abate-@2ent(s) Cerg..fied as to pay-.L@rit; tlie cit7,, 0-1 ]3p-ac',i c)n tl,.e day of Approved as, to Ricl-L@ird J. Webbon, City AZ; 0:@@1) '-,:E 'j t i a t r---i - C'@) ,-it t*tlef Til C).@ for tC@@: of ti Treasurer @.re liereby al)provel: T,@ TYPF i:XO\;F,@6,- DA-, tPl I , lo@ @ YF---OL' ,: - 'o. P.'ITD PF,','-A-Li- 11@T. T O'---,@ L Cape Henry Towers Inc 1976 R)71/2 92'04 6-10-76 l@.54 RF,2/2 2-28-77 17.37 c"265 16.60 17.43 9266 16-@ 60 17.43 9268 16.19 .17.00 92(,i9 16. 19- 17.GO 9270 15. 3,r) 16..1 3 9272 16 -19. 1-7. O@O 927" 12.42 1-,0. 04 9 2 7z@ 2-,,. -/ 7 30.21 9?75 l@7. 1 1 7. 9277 16.60 927&, J- @7. Z, 3 9 2 7 c" 1 7. 5 2 92?10 1 6. C,,3 17.51 9232 16.26 17.07 3 1-6.26 1. 7. 0'7 92@!4 15. 4-2 16 . I 1- 5. 2 16. .The -,bove abate,7eLir(sk Cery4fied as to payme -t;&rc, the Council of -IIL@ ('.ity C;,,- Beac',i an tlie (lay- c,'-@ J6H T. ATKIN Richz,.rd J. form: Webbo.i, City Cic@,-k r CiLy O-.- c": 1 O"' Oi, @T;: FO!' BE IT 02,DAI':ED 1"Y 'E-@L COU'TCIL 0- 'iH CIT-@ OF Th,!t t*ne follo-,,Iin,,, Ippli.cztt-ioL,,5i fc)c ta-,. L,,poa tl,,e Tre--surer ztre Iterc!by @II)prov@.d: $ T&X TIZPE TIC.KET EXOI;E@'@- B A NA@E Yf.'Alll OF Ti'vx TTO"' @@O. PAID PELN'-KLTY I'l@T. Cape Henry Towers Inc 1976 ll)--@1/2 9286 6-10-76 @E2/-2 2-28-77 17. q287 9288 2 P) 928@ 1- 7. 9291. 17. 9292 .1 9293 16 . 9294 Jr 9296 9297 920@9 9300 9301 2. 9302 9 3.0 9304 930-q 9")06 The above aballezent(s@@ CeAified za to pa 1,7ere yrent; the Couricii of t'r,.e CiLy Beach on thc _ dty cjf' Richard J. Webbon, Cit3l C@,@-, ,VII 1'0,? I'AYt'Et:" Bl- I'f C);tDkl':F.D l@Y 'I:if-@ Cotr@@cl,. 07 j:fr-@ CIT, OF Vli,r 1@ 1,@ IJIPGl,;TA: Y@i-at thE! folloi4-in, for tii@, re@'Li-.d-- upoa cc!rt-L"icalliin 01- tl,.e Tre--surer are Ii--reby il,prov@.d: T,@ 'iYP E ';IC- T EXOII-ER2--- D-%!E: y@ll ol.' T@@: Iflo,-\, ,-o. P.,TD PELI@l-kLTY 11@'T. TOTP.L Cape Henry Towers Inc 1976 RE@@ 9307 6-10-76 16.81 Rl,,2/.2 2-28-77 17.65 9308 16. 81. 17.65 9310 16-.39 -1 17.2 9311 1- 6. @9 .17.21 931-3 1- 6 -5 9311@ 1.6. 3.9 9315 12.62- 1-3. 26 9316 29.29 3-0. 75.- 9317 3 l@ J'S. "i 9 3 1,0, 2 9.1,,7 30. 131i 931- 9 1-6. (@l 1 7. 65- 9 3'?, 1- 1 7. /@ 0. 13.27 9322 16.80 17.72 932-) 16.88 17.72 9325 16.47 17.29 9326 16.4/' 1.7. 29 9327 15.6"' 16. li-1 932,q 1 5 o"', 1 6 . Tht, --bove abate,-,i-2ntcr,> -w@re.- zp t)y Lh,-- CIL-Y c,@ Beach C),l the (lay of Richard J. Webbon, City Clerk Cit B-- IT 07UT.!,I':ED L"@' 'J-@IL' COLI-11@cit@ O@ C) t the foLlo-,4iri@, i-,poa oC tl,,,@ Th'i ai)plic@tti.on-,i for cii@: re, i, Tre@.surer arc,. hereby al)provad: T,kX TYPE TIC@@@T D -k YT.-'AP, O@ @'iO. PIIITD--'?F@@'.kLTY l@;T. Cape Henry Towers Inc 1976 RE'- 9329 6-10-76 RE2/2 2-28-77 17.29 9330 12.69 13.33 9331 29 - 1,7 30.@15 9332 29.64 9333 16. 17.72 9334 .1.6. 8-3 9335 1 7. li.7 9336 9 0137 9339 6. I'/ 9"@40 65"), 17, 93@+1 1 5.'/I- 16.1)0 9342 15.7@. 16. i(@ 9-143 1 6 . 17.@7 9344 12.76 13. 9345 2 9. 31 3.. 934.6 2 31. 9 34i The abc)ve abate,-,ient(s) tot,l-;,g Cc!.Ptified as to payment; thc@ Cou@Lci.i of tli,@ City C)" "irg:Lniz. ]3each c)n tlE-- day of, Richard J. Webb n@, c-Tr-;7EIerk Irl@, TYP@, 1; i C' DA'. yF,,\-,,, C)@ Ti\@, T OE@.. L Cape Ilenry Tox,,ers Inc '@1)76 934P) r,-10--76 16. 95 110 1 17,,,) ,@E 2 /'2 2-28.-77 931@9 1 7. 03 1 7 @3,@ 9350 27.-04 28. 39 9351 16. 60 1 7. 935 2 16. ()f) 17. 4 3 935 3 15. 7e 16. 1-7 9354 15. 73 9355 16. C, 1 7. 93 56 2 9 . 935, 3 1 . '@i 9351, 18. z@@- 9359 29.. @',3 9360 1 7. 03 1 7. e,3 9')61 1. 7 . 0 1 7 . 936 2 1- 7. 09 17. 9/@ 9363 27. 21- 28. 5 7. 9361@ 16. (j3- 17. @2 9365 1 6. 08 '17. 52- The P-bc)ve- aba-@e.-,ent(r,) to payr@ent:; -wcre tii@ Cc,@ziic4.1 c)f the CiLy Beach o-i the (-lay o'@- @, i@, Appro-,,,(2 as -- I TTI- @r @j - VI@b , C @ c, r 1 - I I ' I 11-@ I /'I'I 11-1 I $6Z@27. 26 -Y [--At@, O@,* IF O'f Cape Ilenry Towers Inc 1976 9366 6-10-76 15.84 IE2/ 2-28-77 16.63 9367 15.84 16..64 9368 16.6@ 17.51 9369 12.39 13.@3 9370 29.99 .31'.4@ 9371 17.El 18. z@9 9372 30.16:@ 31:. fj 7 937@ 1 7-. 09. 9"74 1 7. C)9@ 17.9' Thc- to P't'V=2nr; lie.icli o.@ th@, dziy 017 'C,'VX 1077 REI 9464 6-10-77 Cape lienj--y Towers Iric 2r.Gi 9464 25.22 9466 24..17 9467 29.77 9468 24.1,7 9469 24.17 9470 2,6. @8 9471' 41. (39 9473 21.. 0-1. 9474 1,4. 30 c)z, 75 '1.4. 7? 9476 11.17 9477 -Z. 9479 23.48 9480 1-6.47 'Ehc, L'bo,io c)f ti! C,! day o,- JOHil T. A'. KINSO@L; @i-- to fo@- .1 -ft I)C)Tl, City Cl.ill,,-I-@ I I /@ . DIle. Ci t "@- @; y i-.(\ Cape Henry T6wers ]-.nc ic"77 l@,EI 6-10-77 I'D,. 46 16.82 9@i35 15.94 9486 15.94 9437 14.1,,7 9491 15.-94 9/@-93 1-6.82 9494 16.82 9496 'l 7. 34 91,97 15.94 c4O,3 1.5.. 94 91499 14.65 9500 9502 22.59 9503- 16. 0.4' 9504 24. 31@-, 9505 17.34 )406 1 c ;507 17.43 1- 7. l@8 95o9 16.46 C)'Io 16.47 1)51 1 95-I.i, 1 6 . 1 1,-7 c"515 1-7. /@ 8 95i6 17.48 951.7 17.148 951@3 16.60 9.-)19 16.60 9520 14.99 9521 15.40 9522 1 1 9523 1.6. 9524 17.46 .@i9525 17.43 0,.,5 2 6 17.59 The --bo,,re Ce we-rc! @ipprov,-a by C)-f Ci ty o@ @E-zicli c,,i tlie (lay 01 Ap,3ra,@,,cl ns F,ict.z-,rcl J. We)bci,-i, Cir-3, cif'ric I I - -.)-I TI ,x 117YI,F., 'j'-i C;-'T il@-.r@ll- f@A-F -Y E A-@'- 01,@ 'f ON @'r). 1) Cape Henry Towers Inc I'EI 95Z'7 6-10-77 17-.59 9528 -16.71- 9529 16.71- 9530 15.17 9531 15.-17 9534 16.25 g, ,,35 17.59 9536 17.5@ 9537 17.76 9538 17.7'0 9539 16-. PB 9540 1r).88 95/,.-1 9512 1.@. 7C- 95!! 5 1. 6. Z[ 95@6 1 7. 7 16'.04 9 9 9550 '17.20i 9552 1 5. 955Z@ C 7 .9555 !-?.. 61 95@',6 2 5 5 7 9557 ].(,. 64 9553 9@@9 9 5 61- 9562 1 7. 2@, 9 9'@64 6. @IL li.,@ 6 16.@7 95(i6 tC) 11@L yr C)f rli,@ Cit-7 c)-i tlie dziy o@l-- @'ebboii, C-@ty C!Lric T- C) i! @ol-; 1)AT 'Y i@k 'f C) l@@,jF. Cape Ile@ii-y 'I'o@:ers Inc 1.97 7 T @'I 95,@7 6-10-77 26.62 95'08 17.16 9569 23.20 9570 18. 11 9571 18.11 9572 18.22 9573 18.22 9574 17.70 9575 1 7. @,l 957-0 16.2@2 95 7 7 16-. 6@ 9573 12.9@ 9579 26.97 9580 1 7. 314-@- 9581 23.90 9582 I&.22 9583 1 e3. 3 c" 958!@ 18.39@ 9585 1- 7. 79 9586 17.78 9537 16.140 953@ 16.@19- 9590 13.13 9591 21.32 9592 17.34 9593 29.25 9594 18.39 9595 13.39 9596 18.57 9597 18.57 9598 17.86 9 5 9 c" 1 7. 8 6- 9600 16 . 5-f 9601 16 . 5 7 9602 16.99 9603 13. 31 Thc- ce3z@ifiecl -15 tc) -VEfrE, apprc)-,,ec, [)Y cif C::@ cliy ci-- ID,3roveLl ;;Is/- r) to@- il-e J. $2,'81-. 172 $ TAX li-Y 11 F, i., f c YE o" Cape Henry Towers Inc 11977 JIEI c"604 6-10-77 27-.68 9605 17.69 9606 29.77 111607 18.58 9608 18.58 9609 18.92 9610 28.7@ 961.1. 18. OZ@ 961@2 1.8. 04 9613 16. 7?, 9614 16.7-5 961.5 17.i6 961.6 ],-3. 49 9617 9018 1 7. 8-7 9619 3Q.1' 13. 9620 9621 18. 9,'- c@622 1-9. 962'D 29.)7 9624 18.01@ 9625 9626 16.74 9627 16. 9628 1 7. 51. 9629 13,66 9630 23.72 r'631 ].S. 21 9632 30.83 9633 19.2r) 9634 l@9. 2t') ThE.. zL4bve abatp.-,ent:f%, ns to paymeiit:; ri ic- Ci c, the @f d@y C) f L!--r C--i -J,.-ib ITEM #12599 The following bids have been have been received for the Columbus Street Pump Station - Division I: Gavco Corporation $1,741,200.00 W. B. Meredith, II, Inc. 1,771,000.00 Luke Construction Co., Inc. 1,989,898.00 Engineer's Estimate $1,495,250.00 Councilman Merrick made a motion, seconded by Councilman Holland, to approve item 7a, which was for the Columbus Street Pump Station Division I, in the Bayside Borough, in the amount of $1,741,200.00. The recorded vote is as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riqqs, and Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to approve the low bid of Gavco Corporation, in the amount of $1,741,200.00, for the Columbus Street Pump Station - Division I, in the Bayside Borough; and further authorized the City Manager to enter into the necessary agreements to implement this project. ITEM #12600 The following bids have been received for the Columbus Street Standpipe #2 - Division II: Chicago Bridge & Iron Co. $587,150.00 Brown Steel Contractors, Inc. 693,961.00 RECO 739,995.00 PDM Hydrostorage, Inc. 943,670.00 Engineer's Estimate $604,750.00 Councilman Merrick made a motion, seconded by Councilman Holland, to approve item 7a, which was for the Columbus Street Standpipe #2 - Division II, in the Bayside Borough, in the amount of $587,150.00. The recorded vote is as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to approve the low bid of Chicago Bridge and Irom Company, in the amount of $587,150.00, for the Columbus Street Standpi.pe #2 - Division II; and further authorized the City Manager to enter into the necessary agreements to implement this project. ITEM #12601 Petition of William E. Wood for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office District on certain property located on the North side of Kempsville Road beginning at a point 780 feet West of Brandon Boulevard, running a distance of 670 feet along the North side of Kempsville Road, running a distance of 542 feet along the Western property line, running a distance of 685 feet along the Northern property line and running a distance of 570 feet along the Eastern property line. Said parcel contains 8.6 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 10 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary along Kempsville Road; this includes pavement widening, curb and gutter, sidewalk and drain- age facilities. 4. Open perimeter ditches will not be permitted. And further subject to the following condition prior to the change on the official zoning map: 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 15 feet along the 670 foot frontage on Kempsville Road (a 15-foot dedication and a 15-foot reservation). Very truly yours, -8L6T I -4sribnv 30 APP TZ oqq uo 'PTuTBaTA 'qouog PTulbaTA 90 AQTD @qq JO TTOunOD Gq4 Aq poqdopv -uoTqdopu go aqpp uodn oATqoejjo aq TTPQS ODUPUTPAO STql '(UOT4PAaaS@l qOOJ-gT P PUP UOT4POTPOP 400J-ST P) PPO'D eTTTAsdwG)i uo abPquQag QOOJ OL9 OL14 BUOTP 4aaJ ST TPUOT4TPPP uP JO UOT4PA3GSOJ P PUP ALM--;O--4LIE)T-T -400 fD 'r q -C e OLIQ -4 OE U. 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Said parcel contains 7000 square feet. VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 10 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary on both 13th Street and Courtwright Avenue; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 4. An adequate on-site drainage system with the necessary downstream drainage improvements and easements will be required. Mr. Rip McGinnis represented the applicant Councilman Riggs made a motion, seconded by Vice Mayor McCoy, to approve the above application of Iudgins and Associates, Inc., for a Conditional Use Permit for duplexes. The recorded vote is as follows: Ayes: Councilmen F. Reid Ervin, Georae R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Hollan@, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman 1.@,eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patricl@ L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to adopt the following resolution upon application of Hudgins and Associates, Inc., for a Conditional Use Permit for duplexes: RESOLUTION UPON APPLICATION OF HUDGINS AND R0878205 ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR duplexes BE IT RESOLVED BY THE COUNCIL OF TIE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Hudgins and Associates, Inc., for a Conditional Use Permit for a duplex on certain property located at the Southeast corner of 13th Street and Courtwrioht Avenue, running a distance of 50 feet along the South side of l@th Street, running a distance of 140 feet along the Eastern property line, running a distance of 50 feet along the Southern property line and runnina a distance of 140 feet along the East side of Courtwright Avenue. @a4@d parcel contains 7000 square feet. Virginia Beach Borough. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary on both 13th Street and Courtwright Avenue; this includes pavement widening and drainage facilities 4. An adequate on-site drainage system with the necessary downstream drainage improvements and easements will be required. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 day of August 1 1978. ITEM #12604 An Ordinance upon Application of Hudgins and Associates, Inc., for a Conditional Use Permit for a duplex on certain property located on the South side of ljth Street beginning at a point 400 feet West of Parks Avenue, running a distance of 50 feet along the South side of 13th Street, running a distance of 140 feet along the Western property line, running a distance of 50 feet along the Southern property line and running a distance of 140 feet along the Eastern property line. Said parcel contains 7000 square feet. VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 10 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary on 13th Street; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 4. An adequate on-site drainage system with the necessary downstream drainage improvements and easements will be required. Mr. Rip McGinnis represented the applicant Councilman Riggs made a motion, seconded by Vice Mayor McCoy, to approve the above application of iludgins and Associates, Inc., for a Conditional Use Permit for aduplex. The recorded vote is as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara 14. Henley, Clarence A. Hollanc'@, Vice Mayor J. Henry McCoy, Jr., Donald 'v@. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Abs6nt: Councilman John A. Baum City Council voted to adout tlie following resolution u,,Don application of Hudgins and Associates, Inc., for a Conditional Use Permit for a duplex: RESOLUTION UPON APPLICATION OF HUDGINS AND R0878206 ASSOCIATES, INC., FOR A CONDITIONAL USE PERMIT FOR a duplex BE IT RESOLVED BY THE COUNCIL OF -,HE CITY OF VIRGINIA BEACII, VIRGINIA, that: Application of Hudgins and Associates, Inc., for a Conditional Use Permit for a duplex on certain property located on he South side of 13-Eh Street beginning at a point 400 feet West of Parks Avenue, running a distance of 50 feet along the South side of 13th Street, running a distance of 140 feet along the Western property line, running a distance of 50 feet along the Southern property line and running a distance of 140 feet along the Eastern property line. Said parcel contains 7000 square feet. Virginia Beach Borouah. Approval is subject to the followina conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary on 13th Street; this includes pavement widening and drainage facilities. 4. An adequate on-site drainage system with the necessary downstream drainage iriprovements and easements will be required. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 day of August 1 1978. ITEM #12605 An Ordinance upon Application of Hudgins and Associates, Inc., for a Conditional Use Permit for a duplex on certain property located on the South side of 13th Street, beginning at a point 300 feet West of Parks Avenue, running a distance of 50 feet along the South side of ]3th Street, running a distance of 140 feet along the Western property line, running a distance of 50 feet along the Southern property line and running a distance of 140 feet along the Eastern property line. Said parcel contains 7000 square feet. VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 10 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary on 13th Street; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 4. An adequate on-site drainage system with the necessary downstream drainage improvements and easements will be required. Mr. Rip McGinnis represented the applica-'It Councilman Riggs made a motion, seconded by Vice Z@ayor McCoy, to approve the above application of liudgins and Associates, Inc., for a Conditional Use Permit for a duplex. The recorded vote is as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to adopt the following resolution upon application of Hudgins and Associates, Inc., for a Conditional Use Permit for a duplex: RESOLUTION UPON APPLICATION OF HUDGINS AND R0878207 ASSOCIATES, INC., FOR A CONDITIONAL USE PERMIT FOR a duplex BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of liudgins and Associates, Inc., for a Conditional Use Periqit for a duplex on certain property located on the South sije- of 13Eh Street, beginning at a point 300 feet T,@est of Parks Avenue, running a distance of 50 feet along the South side of 13th Street, running a distance of 140 feet alonq the lqestern property line, running a distance of 50 feet along the Southern property line, and running a distance of 140 feet along the Eastern proderty line. Said parcel contains 7000 square feet. Virginia Beach Borough. Approval is subject to the following conditions in conjunction with the intended use of the land. 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer 3. Right-of-way improvements will be necessary along 13th Street; this includes paveinent widening and drainage facilities 4. An adequate on-site drainage system with tlie necessary downstream iin-,Drovements and easements will be required. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virqinia Beach, Virqinia, on the 21 day of u t@, 1978. ITEM #12606 An Ordinance upon Application of Herbert D. and Mary H. Smith for a Conditional Use Permit for a residential kennel on certain property located on the South side of London Bridge Road beginning at a point 4805 feet more or less West of Oceana Boulevard, running a distance of 1337.34 feet along the South side of London Bridge Road, running a distance of,416.39 feet along the Western property line, running a distance of 1105 feet more or less along the Southern property line and running a distance of 1063.42 feet along the Eastern property line. Said parcel contains 20 acres more or less. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 10 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Approved for a maximum of 15 dogs. 2. Compliance with Article 2, Section 223 of the Comprehensive Zoning Ordinance pertaining to Animal Hospitals, Pounds, Shelters, Com- mercial and Residential Kennels. Mr. Herbert D. Smith appeared in favor Councilman Payne made a motion, seconded by Councilman Holland, to approve the application of Herbert D. and Mary H. Smith for a Con- ditional Use Permit for a residential kennel@ The recorded vo@ is as @ Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara Pi. Henley, Clarence A. Holland, vice ilayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Mevera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and mayor Patrick L. Standing Navs: None Absent: Councilman John A. Baum City Council voted to adopt the following resolution upon application Of Herbert D. and @lary H. Snith for a Conditional us-@ Perriit for a residential kennel: RESOLUTION UPON APPLICATIODI OF IIERBERT D. AND R0878208 14ARY H. SMITII FOR A CONDITIONAL USE PERMIT FOR a residential kennel BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGI14IA BEACH, VIRGINIA, that: Application of Herbert D. and Idary H. Smith for a Conditional Use Perinit for a residential kennel on certain property I cated on the South side of London Bridge Road beginning at a point 4805 feet more or less V@est of Oceana Boulevard, running a distance of 1337.34 feet along the South side of London Bridge Road, running a distance of 416.39 I-eet along the Western property line, running a distance of 1105 feet more or less along the Southern property line and running a distance of 1063.42 feet along the Eastern property line. Said parcel contains 20 acres more or less. Princess Anne Borough. Approval subject to the following conditions in conjunction with the intended use of the land: 1. Approved for a maximum. of 15 dogs. 2. Compliance with Article 2, Section 223 of the Comprehensive Zoning Ordinance pertaining to Anirqal Hospitals, Pounds, Shelters, Commercial and Residential Kennels. This resolution shall be effective upon date of adoption. Adopted by the Council of the City bf Virginia Beach, Virginia, on the 21 day of August , 1978. ITEM #12607 An Ordinance upon Application of Fine and Salzberg for a Conditional Use Permit for an automobile service station on certain property located 20 feet SoUth OT inaian River Road beginning at a point 653.10 feet West of Kempsville Road, running a distance of 130 feet along the Eastern property line, running a distance of 150 feet along the Southern property line, running a distante bf 150 f-eet along the Western property line and ruhning a distance of 150 feet along the Northern property line. Said parcel contains .45 acre. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously b'y the Planning Commission by a recorded vote of 9 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Public restrooms are to be provided. 4. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 5. Improvements will be required along Indian River Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facili- ties. 6. An adequate drainage system with the necessary downstream drainage improvements and easements will be required. 7. A reservation of right-of-way for the future Kempsville Road and Indian River Road Interchange. Mr. Grover C. Wright, Jr., Attorney, represented the applican-I Councilman Ferrell made a motion, seconded by Vice Mayor McCoy, to approve the application of Fine and Salzberg for a Conditional Use Permit for an automobile service station. The recorded v te is as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Ilenry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Obernaorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing liays: None Absent: Councilman John A. Baum City Council voted to adopt the following resolution upon application of Fine and Salzberg for a Conditional Use Permit for an automobile service station: RESOLUTION UPON APPLICATION OF FINE A@,TD SALZBERG R0878209@ FOR A CONDITIONAL USE PERMIT FOR an automobile service station BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Fine and Salzberg for a Conditional Use Permit for an automobile service station on certain property located 20 feet I-outh of Indian River Road beginning at a point 653.10 feet ;@est of Kemps- ville Road, running a distance of 130 feet along the Eastern property line, running a distance of 150 feet along the Southern property line, running a distance of 150 feet alona the Western property line and running a distance of 150 feet along -,he Northern propert,17 line. Said parcel contains .45 acre. Kempsville Borougli. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required b,, the Site Plan ordinance 2. City water and sewer. 3. Public restrooms are to be provided. 4. Comnliance with Article 2, Section 224 of the Copiprehensive Zoning ordinance pertaining to Automobile Service Stations. 5. Improvements will be required along Indian River Road; this includes pavement widening, curb and gutter, side- walk, and drainage facilities. 6. An adequate drainage system with the necessary down- streaTn drainage improvements and easements will be required. 7. A reservation of right-of-way for the future Kemps- ville Road and Indian River Road Interchange. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 day of August, 1978. ITEM #12608 Application of Winner Corporation for a Conditional Use Permit for a recreational facility of an outdoor nature (Go Cart Track on certain property located East of Holland Road beginning at a point 890 feet more or less South of North Landstown Road, running a distance of 500 feet more or less along the East side of Holland Road, running a distance of 260 feet more or less along the Southern property line, running a distance of 500 feet more or less along the Eastern property line and running a distance of 260 feet more or less along the Northern property line. Said parcel contains 3 acres more or less. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimoulsy by the Planning Commission by a recorded vote of 11 to deny this request. It was felt that the proposed use is not appropriate for this site given the surrounding land use pattern. Mr. Sam Scott represented the applicant Councilman Payiie made a motion, seconded by Councilman Merrick, to deny the application of Winner Corporation for a Conditional Use Permit for a recreational facility of an outdoor nature Go Cart Track). The recorded vote is as follows: Ayes: Councilmen Georce R. Ferrell, Councilwoman Bar)Dara M. lienley, Donald W. r4errick, Cou@cilwoman Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing @@ays: Councilmen F. Reid Ervin, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., and Roger L. Riggs Absent: Councilman John A. Baum City Council voted to deny the above application of Winner Corporation for a Conditional Use Permit for a recreational facility of an outdoor nature (Go Cart Track) on certain property located East of Holland Road beginnina at a point 890 feet riore or less South of Diorth Landstown @Zoad, running a (listance of 500 feet more or less alonc, the East side of Holland Road, running a distance of 260 feet more or less along the Southern pro- perty line, running a distance of 500 feet more or less along tlie Eastcrii property line and runniiig a distance of 260 Ieet more or less along the Northern property line. Said parcel contains 3 acres more or less. Princess Anne Borougli. This was denied as it was felt that the proposed use is not appropriate for this site given the surrounding land use oattorn- ITEM #12609 On motion by Councilman Ervin, seconded by Councilman Merrick, and by recorded vote as follows: Ayes: Councilnien F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and @layor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to approve the following ordinance to amend and reordain Article 1, Section 107 of the Comprehensive Zoning Ordinance pertaining to amendments: Requested by: Planning Commission AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 107 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO AMENDMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 107, Amendments, of the C.Z.O. is amended and reordained as follows: (b) Withdrawal of a petition for amendment may be requested during public hearing. However, if the petition is denied by City Council, substantially the same petition shall not be een- s@dered filed within one (1) year of denial. For the purpose of this section, a zoning petition shall be considered to be substantially the same petition when the request is for a district classification that is within the same article as the classification that was previously denied. These provi- sions shall not be held to impair the right of the Planning Commission or Council to propose an amendment to the Zoning Ordinance at any time. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 day of AuSlust 1978. ITEM 412610 On motion by Councilman Ervin, seconded by Councilman Merrick, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Ilolland, Vice Mayor J. lienry McCoy, Jr., Donald W. Merrick, Councilwoman Dleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: lione Absent: Councilman John A. Baum City Council voted to approve the following ordinance to anend and reordain Article 2i Section 220 of the Comprehensive Zoning Ordinance pertaining to procedural requirements: Requested by: Planning Commission AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 220 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO PROCEDURAL REQUIREMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 220, Procedural Requirements, of the C.Z.O. is amended and reordained as follows: (f) Rehearing for conditional use permit. Withdrawal of an application for a conditional use permit may be requested during public hearing however, if the conditional use perniit is denied by the City Council, substantially the same ap- plication shall not be recons4dered filed within one (1) year of denial. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 day of Auqust , 1978. ITEM #12611 Application of R. W. Breeden for the discontinuance, closure and abandon- ment of a portion of North Great Neck Road beginning at the Northern inter- section of North Great Road and Old Great Neck Road, running a distance of 547.46 feet along the Western property line, running a distance of 42.11 feet along the Northern property line, running a distance of 412.73 feet along the Eastern property line and running a distance of 155.40 feet in a Southwesterly direction. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request subject to the dedication of a permanent drainage and utility easement over the entire area contained within the pro- posed closure and the necessary private utility easements will be required for the VEPCO facilities located within this area. On motion by Councilman Merrick, seconded by Councilman Ervin, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, CouncilwoTqan Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald @l. 14errick, Couiicilwoman Meyera E. Oberridorf, J. Curtis Payne, Rogcr L. Riggs, and Mayor Patrick L. Standing Nays: l@one Absent: Councilman John A. Baum City Council voted to defer for one week the following ordinance closing, vacating and discontinuing a portion of Great Neck Road, Lynnhaven Borough, City of Virginia Beach, Virginia. AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF GREAT NECK ROAD, LYNNHAVEN BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that Ramon W. Breeden, Jr., ilwould make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter portion of Great Neck 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 Beach, Virginia on p6@4 day of j V 1978. 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 @ 1 @'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 Great Neck 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 Rdad described as follows in the Lynnhaven Borough of the City of Virginia Beach ,is hereby closed, vacated and discontinued as a public road ,of the City of Virginia Beach, said certain portion of road ,not being needed for public use and travel. ALL THAT CERTAIN portion of Great Neck Road as appears on that certain plat entitled: "PLAT SHOWING CLOSURE ON GREAT NECK ROAD AND RIGHT OF WAY TO BE ACQUIRED FROM DRADEN DEVELOPMENT CORP. DATE 2-17-78 SCALE: 1"= 501, ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS" which plat is on file in the Department of Public Works, Office of Real Estate. 2. That 30 days after this date a copy of this Ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit court of the City of Virginia Beach and indexed in like manner as a deed to lands. All expenses of recordation shall be paid by the petitioner. Adopted by the Council of the City of Virginia Beach on the day of 1978. DEFERRED ONE WEEK: August 21, 1978 tli El ITEM #12612 Application of F. Wayne McLeskey, Jr., for the discontinuance, closure and abandonment of Sawyer Avenue and a portion of Bee Street. Sawyer Avenue: Beginning at the intersection with Laskin Road and running in a Northwesterly direction a distance of 580 fe@t.--Said str66t is 30 feet in width. Bee Street: Beginning at the Northern boundary of Bratten Avenue and runn- ing in a Northeasterly direction a distance of 218 feet. Said street is 30 feet in width. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request subject to the dedication of a 20 foot utility easement across Sawyer Avenue for sewer line purposes. 14r. Donald H. Rliodes, Attorney, represented the applicant I'dr. F. Wayne @IcLeskey, Jr., also appeared in favor On r-iotion by Councilman Merrick, seconded by Councilman Ervin, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferre!-1, Councilwoman Barbara M. Henley, Clarence A. liolland, Vice Mayor J. 1'enry McCoy, I Jr., Donald I,,'. Merrick, Councilworian Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Nays: None Abstain: Mayor Patrick L. Standing Absent: Councilman John A. Baum Cilly Council voted -lo aourove the following ordinance closing, vacating and 6iscontinuing all of sawyer Avenue and a portion of Bee Street, Plat of @,laple Terrace, in the Lynnllaven Borough, of the City of Virginia Beach, Vircrinia; subject to t@ie following stipulations: 1. The recordation of a revised Plat of liaple Terrace in the Lynnhaven Borough which will record the closing, vacating and discontinuance of Sawyer Avenue, a portion of Bee Street and, in addition, indicate the elimination of property lines adjacent to the area being vacated, and retention o-@ a (20) t@,7enty foot utility easement across Saw-ver Avenue for sewer line purposes and the retention of private utility easements for VEPCO facilities. ORDINANCE CLOSING, VACATING, AND DISCONTINUING ALL OF SAWYER AVENUE AND A PORTION OF BEE STREET, PLAT OF @IAP VIRGINIA WHEREAS, proper notice that F. Wayne McLeskey, Jr. would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described streets closed, vacated and discontinued, was duly posted; and WHEP,EAS, application was made 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, vacating and discontinuance and IMEREAS, it is the judgment of the Council that said Dortions of the aforementioned streets should be closed, vacated and discontinued. NOlq, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the said portions of Sawyer Avenue and Bee Street, as shown on the plat of Maple Terrace, Lynnhaven Borough, Virginia Beach, Virginia are hereby vacated and discontinued as a public thoroughfare of the City of Virginia Beach, Virginia, said streets not being needed for public use and travel: All of Sawyer Avenue and that portion of Bee Street which lies to the east of the eastern right of way line of Bratten Avenue, as shown on the plat of Maple Terrace, Lynnhaven Borough, City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beacb, Virginia, in Map Book 22 at page 20. 2. That thirty (30) days after this date a copy of this Ordinance, certified by the Clerk, be spread upon the public records in tbe Clerk's Dffice of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach, virginia, on the 21 day of August 1978. W-ISO@ .1 @.w ORDINANCE APPOINTING VIEVTERS WHEREAS, F. Wayne McLeskey, Jr., by counsel, has given due and proper notice, in accord with the statutes for such cases made and provided, that he 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 inconvenience would result from the disCDntinuing of hereinafter described portions of streets in the Kempsville Borough, City of Virginia Beach, Virginia, and have filed such application with said Council; and NOW, THEREFOPE, BE IT ORDAINED BY TliE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGTNTA, THAT, C. Oral Lambert, Director of Public Works, Georqe E. Tinnes, and Robert J. Scott are hereby appointed to view the below-described property, and report in writing to the Planning Commission of the City of Virginia Beach, Virginia, on or before August 8, 1978, and subsequently to the Council whether in their opinion any, and if any, what inconvenience would result from the discontinuing, closing and vacating of those certain portions of streets located in the Lynnhaven Borough, City of Virginia Beach, Virginia, and described as follows: All of Sawyer Avenue and that portion of Bee Street which lies to the east of the eastern right of way line of Bratten Avenue, as shown on the plat of Maple Terrace, Lynnhaven Borough, City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 22 at page 20. REPORT OF VIEWERS We, the undersigned viewers, having viewed the below-described property, to-wit: All of Sawyer Avenue and that portion of Bee Street which lies to the east of the eastern right of way line of Bratten Avenue, as shown on the plat of Maple Terrace, Lynnhaven Borough, City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in I-lal) Boc)k 22 at page 20. And it is our opinion that no inconvenience to the public would W .... result in discontinuing, closing and vacating the above-described street areas. )ATE: ITEM #12613 Mr. Conrad Reid, an Engineer, appeared before Council requesting additional consideration of tlie matter before appropriating the funds. On motion by Councilman Ervin, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald 14. Merrick, councilwoman Meyera E. Oberiidorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilrian John A. Baum City Council voted to approve on first reading the following ordinance to appropriate $210,000 from the Water and Sewer Fund Balance for the purpose of performing certain work related to brackish and fresh ground- water test wells: Requested by: City Manager AN ORDINANCE TO APPROPRIATE $210,000 FROM THE WATER AND SEWER FUND BALANCE FOR THE PURPOSE OF PERFORMING CERTAIN WORK RELATED TO BRACKISH AND FRESH GROUNDWATER TEST WELLS WHEREAS, the City Council desires to find additional sources of water to supplement existing supplies for the preserxt and future citizens of Virginia Beach, and WHEREAS, to further this endeavor, City Council has previously authorized and contracted with the engineering firm of Wiley and Wilson, Inc. to conduct a water resources study, and, WHEREAS, the early phases of the study have recommended several alternatives for further testing and evaluation among which are developing of a 2.0 mgd desalting facility utilizing brackish groundwater and developing the shallow fresh groundwater resources in Virginia Beach and, WHEREAS, a city application has been made to the Office of Water Research and Technology of the United States Department of the Interior for a grant to construct a desaiting plant utilizing brackish groundwater in Virginia Beach, and, WHEREAS, Wiley and Wilson, Inc. has recommended that the city proceed with the development of specifications for the wells, the schematic layout for the desalting facility, the construction of brackish groundwater monitoring wells and testing of one existing fresh groundwater well field prior to the announcement of the grant recipients, and WHEREAS, the cost of this work proposed by the consultant is estimated to be $210,000, t)L ii uKi)AiNED by ttie Council of the City of Virginia Beach that $210,000 be appropriated from the balance in the Water and Sewer Fund for the development of specifications for brackish and fresh wo-lls, scheniatic layout of the desalting facility, construction of brackish groundwater monitoring wells and testing of one existing fresh groundwater well field, and BE IT FURTHER ORDAINED that the City Manager is authorized to enter into the necessary contracts to accomplish these activities. Adopted by the City Council on 19 First Reading: August 21, 1978 Second Reading: ITEt,l #12614 Councilwoman Henley requested a report regarding specific information which is being prepared in connection with the Comprehensive Plan. The City Manager indicated he would be coming back to Council within two weelcs with a status report. ITEM #12615 Councilman Ervin indicated he liad had a call from the City Treasurer indicating he was willing to establish a lower penalty for small personal property tax bills. Councilman Payne requested that the cost incurred in collecting delinquent bills be determined T,'Ie City Manager informed Council he would meet with the Treasurer and report back to Council. ITEM #12616 Vice Mayor McCoy made a motion, seconded by Mayor Standing, to reconsider the application of Leo and Mon'l-rose Wood for a home occuoation (babvsitting) on a 10.250 square foot Darcel located on the west side of Edwin Drive, south of Princess Anne Road. The recorded vote is as follows: A@,es: Councilmen F. Reid Ervin, Georc!e R. Ferrell. Clarence A. Holland. Vice r4ayor J. Henry McCoy, Jr., Donald 11. Merrick. Councilwonan meyera E. Oberndorf, J. Curtis Payne, Roaer L. Riggs, and Mayor Patrick L. Standing Navs: Councilwoman Barbara M. Ilenley Absent: Councilman John A. Baum City Council voted to reconsider the application of Leo and Montrose Wood for a Conditional Use Permit for a home occupation (babysitting) on a 10,250 square foot parcel lo-cated on the west side of Edwin Drive, south of Princess Anne Road, in the Kempsville Borouqh. ITEM #12617 On motion by Councilman Ervin, seconded by Councilwoman Henley, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Ilenry @IcCoy, Jr., Donald W. Merrick, Councilwoplan Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing liays: 14one Absent: Councilman John A. Baum City Council voted to appoint Councilwoman Oberndorf to serve on ITEM #12618 On motion by Councilinan Ferrell, secoxided by Councilman Ervin, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Donald 1q. Merrick, Council- woman @leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: Vice Mayor J. Henry McCoy, Jr. Absent: Councilman John A. Baum Due to the September 4, 1978 Labor Day ifoliday, City Council voted to hold the Council Meeting on Tuesday, September 5, 1978. ITEM #12619 On motion by Coiincilman Ferrell, seconded by Councilman Riggs, and by unanimous vote, the meeting adjourned. Rithard J. W T (in, City Clerk nang City of Virginia Beacli, Virginia Auqust 21, 1978 h