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JUNE 12, 1978 CITY OF VIRGINII BEIC MUNICIPAL CENTER X.@g..t -qs.,t (21,y" VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.,@id@ Bo,o.gb 1. HENRY M.COY, ],., D.D.S., K@.p,@ill@ Bo,..gb VICE MAYOR PATRICK L. STANDING, Al L.,g@ MEYERA E; OBERNDORF, Al L.,g. JOHN A. BAUM, B.,..gb 1. CURTIS PAYNE, A@.@ B .... gh ROBERT B. CROMWELL, J,, Al L.,@ ROGER L. RIGGS, Vigi@i. B@.@b B.,..gb GEORGE R. FERRELL, At L.,g@ FLOYD E. WATERFIELD, I,., P@.g. B.,@.gh JOHN R. GRIFFIN, Ly..b.@@@ B .... gh AGENDA RICHARD 1. WEBBON, Cily Cl@,k The city Council of the City of Virginia Beach, Virginia, will assezble in the Administration Building, Princess Arme Borough, Virginia Beach, Virginia, in Regular Session, at 1-00 P.M., on i\londay, June 12,.1978 @-Or the purpose of conducting @lic business and will hear and act upon the followixig item , 1. Call to order by t7ne Honorable Clarence A. Holland, @yor, in the CO-cil Conference Rom. 2. Roll Call of the Council. 3. ibtion to recess into Informl Discussion and Executive Session. Upon conclusion of the Executive Session, City Cc)uncil will reconvene in the City Council Cha-bers. 4. Invocation will be given at 2:00 p.m., by the Reverend Father Paul Gaughan, Star of the Sea Catholic Church, Virginia Beach, Virginia. Please remin standing for the Pledge of Allegiance. 5. Rc)ll Call of the Council. 6. 14inutes of the Regular Yieeting of June 5; 1978 to be presented for acceptance and approval. 7. All @tters listed under the consent agenda are considered to be routine by the City Cc>uncil and will be enacted by one mtion in tlie form listed. There will be no separate discussion of these it@ . If discussion is desired, that item will be remved frotn tlie consent agenda and considered separately. a. City Council is requested to approve on second reading an ordinance to accept grants totalling $125,482 from the Southeastern Tidewater Area ilanpov@er Authority and to appropriate these funds. b. City Council is requested to approve on second reading an ordinance to accept grants totalling $69,655 from the Division of Justice and Crim Prevention and to approoriate these funds. c. City Council is requested to approve on second reading an ordinance to appropriate funds of $160,000 to be received from the Federal Gove@, t for the purchase of i,hmden Poin-, Park. d. Letter frorii the City 14anac,,er rec@ding that City Cc)uncil approve a Resolution allowing the City to acl?ply under the Youth aploymnt Project to be acbdnistered through the Conmssion on Outdoor Recreation. Funds are 100% funded by this Cor.mssion. e. Letter frorli the City 14anager reco@ding that City Council approve an ordinance to authorize acqllisition of pe @ent easemnts of right of way for Indian @es El @tary School - Project 1-805 by agre L@t or by conderlmation. Funds are available. f. Letter from the City @Manager reco@dirig that City Council approve an ordinance to @d and reordain Division 3 of Article III of ClikiDter 2 of the Code of the City of Virginia Beach relating to istration of the basic pay plan. The ordinance codifies and defines practices and procedures and relates only to the a@istratim of the Basic Pay Plan itself. g. Loetter frcri the City Y@ger rec ing that City Council approve, ()n first reading, the following ordinances: 1. An ordinance to ar,@ and reordain Section 33-2 of th(,- Code of the City of Virginia Beach relating to real property @,ation. 2. An ordinance to @d and reordain Section 33-8 of the Code of the City of Virginia Beach relati-iig to personal property tmes. h. Letter from the Ci@v @ager reccnyx-nding that City Council approve an ordi-nance authorizing encroa , t in and upon i%levan road - Lynnhaven Borough - by Hilltop Square Associates to erect an identification sign. i. Letter fr(xn the City Idanager reco @ding that City Cc)uncil approve the low bid of A. Stanley 14mdy & Co@,.,, in the amount of $559,579.20 for the Point O' View watermin construction in the I<@sville Borough; and further, authorize the City rder to @,lanager to enter the necessary agree-@ts in o ir-pl@t this project. j. Letter from the City Manager recommnding that City Council approve an ordinance to accept a grant totalling $6,366 @rori the Southeastern Virginia Planning District Cor,mdssion: (first reading) Est @ ted Revenue al Total ro Other Ag-cles ,latch Ppropr,-ations Planning Intern $4,244 $2,122 $6,366 k. Letter from the City @agor rec ing that City Cc)uncil aporove the recluest of Mr. Ivan D. @pp, Conmssioner of the Revenue, for license refunds in the amunt of $62.58. 1. Letter from the Citv k@ger reccumnding that City Cc)uncil approve the request of @. John T. Atlcinson, City Treasurer, for tax refunds in the an-ount of $993-60. 8. Letter from the City @ger transmitting the re @. dation of the Planning @,ission for approval of thc@. application of Li'l Shopper, Inc., for a conditional use pendt for a gasoline service station and convenience store on a .61 acre parcel located on the north side of Shore Drive, east of Pleasure House Road (Bayside Borough). 9. Letter frorn the City amager transmitting the reco@dation of the Planning ssion for denial of the application of Rober-t W. 1,@'addell, 1,1. D. and Grover C. @Iright, Jr., Trustees of Virginia Beach Orthopedic Association, for a change of zoning from R-5 Resi- dential District to 0-1 Office District on a 3.553 acre parcel located on the south side of Old Donation Parkway, west of First Colonial Road (Lynnhaven Borough). 10. Letter from, the City Manager transrdtting the reco @dation of the Planning Comn'ssion to allow withdrawal of the application of Frederick 13. Bryant, Trustee ol- the Bryant Family T t, for a change of zoning froni I-1 Light Industrial District to B-2 Com=ity Business District on a 2.866 acre parcel located on the north side o@@ Greenwicli Road, east of Newtown Road (Baysi(le Borough). 11. Letter from the City llanager trans,@tting the rec , ation of the Plalining CorTU'ssion for approval of the application of Oc)ite B. Rudacil and Rober-t C. Sewell for a change of zoning froitt R-4 Residential District to A-2 Ap . t District on a 2.077 acre parcel located on the north side of I,,Iishart Road, east of Independence Bc)ulevard (Bayside Borough). 2. Letter from tl-ie City illanager transmitting the rec@, dation of the Planning Cou-u'ssion for approval of the application of Redwing Associates, a Virginia Partnership, for a change of zoning froin AG-1 Agricultural District to B-2 Co@ity Business District on two parcels, totalling 11.796 acres, located west o@- Oceana Boulevard, south of Pros- perity Road (Princess Anne Borough). 3. Letter fropi the City ',Ianager tran@tting the reco@dation of the Planning CO.-,MSSiOn for approval of the application of Bruce B. @lills, for a change of zoning from A-1 @t- @t District to A-2 Apartrient District on a .45 acre parcel located at the northvest intersection o-4 Pennsylvania Avenue and Second Stree-I (KeiVsville Borough). 4. Letter frorl the City @ager tr-s-tting the recc)m-enda-@ion of the Planning sic)n for denial of the application of Carlton E. alid josephine coppersr@a*th for a change of zoning frcm R-5 Residential District to 0-1 Office District on a .462 acre parcel lc>cated at the southeast intersection of 1',@sville and Providence Roads (Ker.-psville Borough). 5. Letter from the City @@iager transrtutting the reco@dation of the Planning Co.@'ssion for approval of the application of Se-,7en E. company for a change of zoning from R-8 Res- idential District to A-1 Apartnent District on a 5.268 acre parcel 1(>cated on the south side of Bonney Poad, west of Ewell Road (Kempsville Bc)rough)- .Letter from the City @lanager trans@tting the rec@dation of the Planning Comuission for denial of the application of He=tage T@ouse Associates for a change of zoning frc[n R-5 Residelitial District to B-2 Com..=ity Business District on 11.949 acre parcel located on the east side of Providence Road, soutl-i of Princess Anne Rc)ad (K@sville Borougn). .Letter from the City @ager transndtting the reco@- dation of the Planning Co@ssiOn for approval of the application of lierbert L. Kr@r for a change of zoning from R-3 Residential District to R-4 Residential District on a 8.26 acre parcel located on the east side of liakefield Drive, both north and south of Dunstan Lane; and further, deny the application for a change of zoning from, R-1 Residential District to R-3 Residential District on a 9.19 acre parcel. i-hese two parcels are adjacent. (Bayside Borough). 18. Letter from the City 24anager transi,,itting the recoTT@dation of the Planning Co=,@ssion for approval of @ application of @,lillowood Holding Corporation for a change of zoning frcrn A-1 Apartmnt District to A-2 Apartment District (@ified frcm A-3) on a 2.5 acre parcel located south of Gum fiall Drive, east of Oceana Boulevard; and further, refer the application for a diange of zoning froin AG-1 Agricultural District to A-3 Apar@t District on a 1.7 acre @cel located at the southeast intersection of C)ceana Boulevard and Gunn ilall Drive back to the Planning Corm'ssion. Since these two rriatters were to be considered oc)ncurrently, it is rec@, nded that the request in recjard to the 2.5 acre parcel be deferred h-i order for both requests to be brought back to Council at the s@ tim. 19. Letter from the City Manager transmtting the re dation of the Planning Co=ssion for approval of the application of the Planning Corm'ssion of the City of Virginia Beach for a change of zoliing from P-1 Presexvation District to -TZ-8 Residential District on a 7,500 square foot parcel located at the western extradty of 63rd Street, adjacent to Seashore State Park (Lynnhaven Borough). 20. Letter from the City Manager reco,@ding that City Council overrule the waiver ciranted by the Planning ssion for =b, c.,utter and sidewalks for the subdivision of W. W. Oliver property located off Witchduck Road (Bayside Borough) and thereby require curb and gutter for the reminder of the subdivision. (Defe=ed frcm, June 5, 1978, 21. Letter from@ the City 14=ger tran@tting the re@. ndation of the Plarming ssion for approval of the application of Roger H. Sawyer and Helen S. Sawyer for the closure of a portion of Holly Avenue (Lynnhaven Borough) subject to the preservation of easemnts. 22. Old business, deferred from the previous @ting, including any report of tlie Mayor or co@ttees n@ by Council. 23. New business, including any presentations by Council P,@ers, Citizens and Organizations. 24. Moticn for adjournmnt. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA June 12, 1978 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. Holland, in the Conference Room, in the Administration Building, on Monday, June 5, 1978, at 1:00 p.m. Council Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. ITEM #12244 Mayor Holland entertained a motion to permit Council to conduct an informal session to be followed by an executive session for the pur- pose of discussing the following: 1. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 2. Consultation with legal counsel and briefing by staff members, consultants, or attorneys per- taining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Vice Mayor Standing, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes- Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to proceed into the executive session following the informal discussion. ITEM #12245 Councilwoman Oberndorf protested the late delivery and in some instances the lack of delivery of the City Council agenda to ber home. Mrs. Oberndorf noted that the Council agenda closed at 5:00 p.m., on Wednesdays preceeding the Thursday delivery of the agenda, and that she felt tbat there was ample time to prepare the agenda. Mrs. Oberndorf noted that she had previously sliggested preparing the agenda in such a way as to permit the Council to have more time before the meeting to review the Planning items and such other items as might require review before the Council had to act upon them. Councilwoman Oberndorf stated to City Council that it is ber intention to present an ordinance in the formal meeting to reschedule and review the weekly agenda. Several suggestions were made by Council members, the City Manager and City Clerk, to improve the preparation and delivery of the agendum, the matter will be brought up during the formal meeting. 6 / 1 2 / 7 8 -I- ITEM #12246 Vice Mayor Standing indicated that he is not pleased with the method used in reviewing uses for the development of commercial recreational facilities, particularly, in the Beach Borough. Vice blayor Standing suggested that prior to approval of sites for such development, the Planning Commission hold open public meetings at which time designs and plans could be submitted for review and public information before they and the City Council were involved with design bids, and decisions regarding the use of the land, par- ticularly, when considering the outdoor development and lease of property before asking for design bids of the old sewerage treatment plant in the Beach Borough. Vice Mayor Standing indicated that he would make a formal request at the regular meeting. ITEM #12247 Mayor Holland requested the City Manager to explain to Council and the public the need for the Operations Buildin@. and the passageway connecting it with the Administration Building. The City Manager reviewed the procedure which was followed in determining the economic feasibility of constructing a passageway between the two buildings which had prompted its inclusion in the plans submitted to the respective City departments, which were ultimately approved. The type of building "Colonial Williamsburg" simply followed the pattern adopted by the Building Commission in 1968, when it was decided to utilize the "Colonial Williamsburg" style as being more consistent with the history of Princess Anne County, and more attractive to the visiting tourists. The purpose of tlie passageway is simply to expedite the flow of informational materials between the City Administration Building and the Operations Building, and to protect them from the inclement weather. A partially covered walkway would not offer tbe same protection, and would cost almost as much. The exact estimated figures are available in the City Manager's office. It was pointed out that while the "Colonial" style architecture is very attractive it limits the height of buildings and tends to expand the available space on two or three floors rather than five, six or eight story buildings. It would appear that in considering the plans that the passageway was accepted as an integral part if the building. After considerable discussion, City Council accepted the explanation and authorized the City Manager to remove the "Stop Work" order which he had previously issued upon hearing of their objections. June 12, 1978 6 / 1 2 / 7 8 - 3 - ITEM #12248 At 2:30 p.m., City Council reconvened in the Council Chambers with the following members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by the Reverend Father Paul Gaughan, Star of the Sea Catholic Church, followed by the Pledge of Allegiance. ITEM #12249 City Council deferred consideration of the inutes f the regular meeting of June 5, 1978, for one week. ITEM #12250 Mayor liolland presented resol,tions to several high schools in the Virginia Beach area for winning five (5) State AAA Championships. ITEM #12251 On motion by Vice Mayor Standing, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. @laterfield, Jr. Nays: None Absent: None City Council voted to permit the following adjustments to the minutes of May 15, 1978, and to the minutes of July 19, 1976: May 15, 1978 - C. L. Siler, Jr. - term beginning July 1, 1978, ending June 30, 1981 Three year term - Health Systems Agency July 19, 1976 - Commissioner Crawford - Planning Commission - term ending December 31, 1978 ITEM #12252 On motion by Councilman Baum, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following consent agenda - 7a through 7L, with the exception of 7c and 7f: 6 / 1 2 / 7 8 - 4 - IT@l #12253 On motion by Councilman Baum, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffi-, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second reading the following ordinance to accept grants totaling $125,432 from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds: AN ORDINANCE TO ACCEPT GRANTS TOTALLING $125,482 FROM THE SOUTHFASTERN TIDEWATER AREA MANPOWER AUTHORITY AND TO APPROPRIATE THESE FUNDS WHEREAS, the City wishes to provide employment for students during the suumer of 1978; and WHEREAS, the City wishes to provide recreational programs for underprivileged youth during the sutnmer of 1978; and WHERFAS, the Southeastern Tidewater Area Manpower Authority (STAMA) has approved necessary funding for two (2) Summer Employment Programs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BFACH, VIRGINIA: That the City Manager is hereby authorized to accept the grants for the City, and funds are hereby appropriated for the following purposes: Estimated Revenue Total From Other Agencies Appropriations CETA-Title III Summer Employment $110,000 $110,000 CSA-Recreation Support 15,482 15,482 Total $125 482 $125 482 BE IT FURTHER ORDAINED that the appropriations will be financed 100% by federal funds, coming through the Department of Labor and the Community Services Administratiorx, with no local match required. FIRST READING: June 5, 1978 SECOND READING: June 12, 1978 Adopted by the Council of the City of Virginia Beach on the 12 day of June 1 1978. 6jl2j78 - 5 - ITEM #12254 On motion by Councilman Baum, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second reading the following ordinance to accept grants totaling $69,655 from the Division of Justice and Crime Prevention and to appropriate these funds: AN ORDINANCE TO ACCEPT GRANTS TOTALLING $69,655 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Attorney for the Commonwealth desires to provide for improved administrative control and direction and for intensive administrative support to the Major Violator Unit, and WHEREAS, the Department of Police desires to better educate the public as to their role in crime prevention, and WHEREAS, application for second year funding have been made for federal grants to accomplish these objectives and the Division of Justice and Crime Prevention (DJCP) has awarded the City grants to continue the Office Manager Program in the Commonwealth's Attorney's office and to continue the Police/Commun- ity Relations Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grants for the City, and funds are hereby appropriated for the following purposes: Estimated Revenue Local Total From Other Agencies Match Appropriations Commonwealth's Attorney Office Manager $43,372 $2,283 $45,655 Police/Community Relations 22,800 1,200 24,000 Total $66,172 $3,483 $69,655 BE IT FURTHER ORDAINED that the appropriations will be financed by $66,172 estimated revenue from the Division of Justice and Crime Prevention (DJCP), and a local cash match of $3,483 to be transferred from Unappropriated Fund Balance. FIRST READING: June 5, 1978 SECOND READING: June 12, 1978 ITEM #12255 On motion by Councilman Baum, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following Resolution allowing the City to apply under the Youth Employment Project to be administered through the Commission on Outdoor Recreation. Funds are 100% funded by this Commission: RESOLUTION WHEREAS, the Virginia Comnlission of OUtdoor Recreation provides funds to assist political subdivisions of the State of Virginia in improving and developing open space, park lands, and recreation facilities, and WHEREAS, there are urgent needs within the City of Virginia Beach to provide employment for Young Adults, and WHEREAS, the sector of the City's populace between the ages of 16 and 22 has an unemployment rate of 12.6 percent, and WHEREAS, the proportionate project share is funded up to 100 percent by the Virginia Commission of OUtdoor Recreation. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL of the City of Virginia Beach. That the City Manager is hereby authorized to cause such information or materials as may be necessary to be provided to the appropriate state agency to permit the formulation, approval and funding of this project, and BE IT FURTHER RESOLVED, the City Council gives its assurance that its overall unemployment rate is currently 4.4 percent, and BE IT FURTHER RESOLVED, that the City of Virginia Beach will abide by all applicable State and federal regula@ions governing such expenditure of funds provided by the Virginia Commission of Outdoor Recreation, and ALSO, BE IT FURTHER RESOLVED, that the Departments of Agriculture and Interior, and the Virginia Comission of Outdoor Recreation are respectfully requested to assist in the prompt approval and funding of the Virginia Beach City Conservation and/or Recreation Park Project in order to enhance the standard of enjoyment for all our citizenry. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of June 1 1978 - 7 - ITEM #12256 On motion by Councilman Baum, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Criffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance to authorize the acquisition of permanent easements of rigbt-of-way for Indian Lakes Elementary School - Project 1-805 by agreement or by con- demnation. Funds are available: AN ORDINANCE TO AUTHORIZE ACQUISITION OF PERMANENT EASEMENTS OF RIGHT OF WAY FOR INDIAN LAKES ELEMENTARY SCHOOL - PROJECT 1-805 BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a Public necessity exists for the construction and installation of this important project to provide drainage and for other Public purposes for the pre- servation of the safety, health, peace, good order, convenience, morals and welfare of the people in the CitY of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-236, et seq., and Section 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain real property in permanent easements or right-of-way as shown on the plans entitled "Indian Lakes Elementary School - Site Plan - Virginia Beach, Virginia, dated July 21, 1977" the plan being on file in the Office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach a reasonable offer to the owners or persons having an interest in said land, if refused, the City Attorney is hereby authorized to institute nroceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in full force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of June 1978. 6 /11 2 / 7 8 - 8 - ITEM #12257 On motion by Councilman Baum, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on first reading the following ordinance to amend and reordain Section 33-2 of the Code of the City of Virginia Beach relating to Real Property Taxation: AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO REAL PROPERTY TAXATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-2 of the Code of the City of Virginia Beach, V.irginia is hereby amended and reordained as follows: Section 33-2. When city taxes due and payable City taxes on real estate for each year shall be due and payable during the year for whick the same are assessed in two equal installments, as follows: One-half on December 5th and one-half on June 5th of such year. In the event that taxes are assessed after December 5th such taxes shall be due and payable on the follow-ing June 5th of each fiscal year. This ordinance shall be effective upon date of adoption. FIRST READING: 8 SECOND READING: Adopted by the Council of the City of Virginia Beach on the -1 1 0'70 6 / 1 27 8 - 9 - ITEM #12258 On motion by Councilman Baum, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on first reading the following ordinance to amend and reordain Section 33-8 of the Code of the City of Virginia Beach relating to Personal Property Taxes: AN ORDINANCE fO APIEND AND REORDAIN SECTION 33-8 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO PERSONAL PROPERTY TAXES BE IT ORDAINED BY THE COUNCIL OF THE CITY-OF VIRGINIA BEACH, VIRGINIA: That Section 33-8 of the Code of the City of Virginia Beach, Virginia, is hereby amended a@d*reordained as follows: Section 33-8: When city taxes due and payable City taxes on personal property for each year shall be due and payable on or before June 5th of the year in which the same are assessed. Except when the assessment is made after June 5th, the taxes shall be due and payable on or before December 5th of the year in which the same are assessed. This ordinance shall be effective upon date of adoption. FIRST READING: June 12, 1978 SECOND READING: -10- ITEM #12259 on motion by Councilman Baum, seconded by Couilcilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. (,roiiw@'ll, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. @@oll,,nd, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floy, I.-. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance authorizing encroachment in and upon Nevan Road, in the Lynnhaven Borough, by Hilltop Square Associates to erect an identification sign: AN ORDINANCE AUTHORIZING ENCROACHMENT IN AND UPON NEVAN ROAD - LYNNHAVEN BOROUGli BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority granted to the City Council of the City of Virginia Beach, Virginia, by Section 15.1-377 of the Code of Virginia, as amended, HILLTOP SQUARE ASSOCIATES, as owner of certain parcels of land situate in the Lynnhaven Borough of the City of Virginia Beach, Virginia, known as Parcel D, 0.134 ac., and Parcel @ 0.981 ac. as shown on that said plat entitled "Subdivision of Properties of John P. Parker and George J. Parker, Lynnhaven Borough, Virginia Beach, Virginia, Scale 1" = 100', August 2, 1972, Harold C. Warren, Jr., Certified Land Surveyor, Virginia Beach, Virginia", said plat duly of record in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in Map Book 92, at Page 45, is hereby authorized to maintain an encroachment as indicated on the attached plat entitled "Plat of Nevan Road at Entrance to Hilltop Square Shopping Center, Virqinia Beach, Va." Scale: 1" = 50', May 31, 1978, Harold C. Warren, Jr., Land Surveyor, Chesapeake, Va., not to exceed fifteen (15') feet in the center island of Nevan Road. This encroachment is authorized subject to the maintenance of the sign and easement in a good state of repair and orderly manner and until the sign structure to be located in the encroachment is destroyed, becomes a public nuisance, or is removed by the owner. Nothing herein contained shall in any way be construed to relieve the owner of any negligence on its part by virtue of the said encroachment. This ordinance shall be in full force and effect tliirty (30) days froni adoption. I ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, on tlie 12 day of June , 1978. 6 / 1 27 8 - I I - ITEM #12260 The following bids have been received for the Point O' View watermain construction, in the Kempsville Borough: A. Stanley Mundy & Co. $559,579.20 A & W Contractors, Inc. 574,244.32 Suburban Grading & Utilities, Inc. 609,263.10 Basic Construction Company 645,620.00 A. Stuart Bolling Co., Inc. 696,839.00 Engineer's Estimate $605,098.00 On motion by Councilman Baum, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the low bid of A. Stanley Mundy and Company, in the amount of $559,579.20, for the Point O' View water- miin construction, in the Kempsville Borough; and further authorized the City Manager to enter into the necessary agreements in order to implement this project. The project will connect the proposed 48-inch main along Southern Boulevard (Virginia Beach Boulevard IA and 1B) to the 24-inch main along Lord Dunmore and Princess Anne Road. It will provide a con- nection to the Kempsville Pump Station and Tank with a resultant increase in flow, pressure, and fire protection for the Kempsville Road corridor. 6/12/78 - 1 2 - ITEM #1226i On motion by Councilman Baum, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on first reading the following ordinance to accept a grant totaling $6,366 from the Southeast,!rn Virginia Planning District Commission: AN ORDINANCE TO ACCEPT A GRANT T(YrALLING $6,366 FROM THE SOUTH- EASTERN VIRGINIA PLANNING DISTRICT COMMISSION AND TO APPROPRIATE THESE FUNDS WHERFAS, the Department of Planning desires to hire a graduate student as a part-time intern, and I WHEREAS, the Southeastern Virginia Planning District Co=uission (SVPDC) has agreed to act as a pass-through-for federal funds from the Department of Housing and Urban Development,(HUD) to retain a plalining intern, contingent upon final approval of the program by HUD. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, contingent upon final approval by HUD, the Ci,ty Manager is hereby authorized to accept the grant for the City, and funds are hereby appropriated for the following purpose: Estimated Revenue Local Total From Other Agencies Match AI)propriations Planning Intern $4,244 L2,122 @3 6 6 BE IT FURTHER ORDAINED that the appropriations will be financed by $4,244 estimated revenue from the SVPDC, and a local in-kind match of $2,122, provided in the form of staff supervision. FIRST READING: June 12, 1978 SECOND READING: Adopted by the Council of the City of Virginia Beach on the day of , 1978. 6,112 7 8 - 1 3 - ITEM #12262 On motion by Councilman Baum, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R, Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Sta,,ding, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following license refunds in the amount of $62.58: AN ORDINANCF AUTIJORIZING LFCENSE REFUIQDS Ul'ON APPLICATION OF CERTAIN PERS,OZI'S AND UPON CEkTIFICATiON O'F TtiE CO@t%IISS10NER 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 bereby approved: LICENSE DATE NAME YEAR PAID BASE PENALTY INT. TOTAL F.ITCHIE*CUBOW COT'ST (D I?,C P.O.BX 3728 NEW PORT @IEViS3Va 23601 3977-1@978 12-35-78 $6t.58 62.58 d as@ ay/ment: Ivafi D. Mapp Commissioner o@ Revenue Appro@d as orm: e B:tmso-n ttorney The above abatement(s) totaling $ 6 25 8 were approved by the Council of the City of Virginia Beach on the 12 day of Richard J. Webbon City Cler 6/12/78 1 4- On motion by Councilman Baum, seconded by Coun,il... Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr;, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: lione Absent: None City Council voted to approve the following tax refunds in the ,ount of $993.60: TAX TYPE TICKE .T EXONFR-6,- DKTE 2.90 NAME YFAR OF TAX NUIIBER TION 110. PAID PENALTY lt;T. TOTAL Ostern Pacific (Josep@)1978 RE1/2 34289 12-1-77 117.90 arles E & M. Gilpin 1978 Cl) 120352 1-19-78 7.50 . E. & M. M. Coats 1978 CD 58301 1-12-78 15.00 . Frank Malbon 1978 CD 130372 1"31-78 7.50 ndra C. Weaver 1978 CD 111896 1-9-78 10.00 ldred B. Martin 1978 CD 50693 1--3-78 7.50 chael H. Gray Jr. 1978 CD 84791 5-1-@8 7.50 rol-R. Harvey 1978 CD 1. 13606 1-6-78 7.50, bert-V. May 1973 CD 57342 1-1.1-78 7.50 R.-Bailey 1978 CD 30791 1-17-78 7.50 W. & J. S. Jones 1973 CD 7@1477 1-30-78 tty J. Wike 1978 CD 71@333 1-26-73 7.50 hn B. Ricliardson 1973 CD 11095 I-r3-78 7.50 an S. Peake 1978 CD 22574 1-19-73 7'.50 E. & K. Shields 1978 CD 11-9443 1-16-78 7.50 L..('@odwin 1978 CD 120093 1-17-78 7-50 t-uhe@v P. GalvirL 1978 CD 43SC4 4-3-73 7.507 .T. & J. H. Clarke I-.II978 CD 36t@61 1-23-78 7.50 cli,ael. W. Wallor 1973 CD 22303 1-1-8-78 7.50 ward C. Da):r 1978 CD O'l@46 'L-20-78- 7.50 hcl M. ALi 1978 CD 61-003 1-1-2-78 7.50 arles D..Am'Drester 1978 CD 80138 2-1-78 7.')O crii Robbins 1.978 CD 51235 1--3-78 7.50 The --bove abate,-ze,@t(s) totaling .1pproved by (1@, if I p@@n V. @d tE,,2 R c'lL,,z-d 14ebl)on, City C!-er 1 5 - Ditc, OF cz Ai,'D Ui'C)I; ILL" )FOR P,@yl@'Ft,T BE IT ORDAINED BY TIIE Con@TCIL OF TI[E CIIY OF VIRGINIA BEACH, VIPGl@'IIA: That the following applications for tax re-,funds upoa certific,,Lion of the Treasurer are hereby approved: TAX TYPE .70 TICKET EXO';ERA- DATE NAME YEAR OF TA) N(INLBEP TIO'4 NO. PATD PENALN INT. TOTAI, oneysan Corporation 1977 29616 6-10-77 16.50 29619 7.99 29620 21.78 29621 5.81 29622 11.62 29623 3.63 29624. 5.81 chmidt, Ben R 1978 PP 81678 5-1l'-78 99.36 erey" Dorotliy F 1978 pp 71954 5-10-78 5.40 Denis A 1978 PP 20676 5-12-78 .51. 96 ongwbrth, William&Joy 1977 REI 3838i 6-10-77 4'4.00 lalock, J. H. & T. W. 1976 RE1/2 5099 5-19-76 2-.49 IE2/2 11-17-7( 2.49@ 1977 REI 5198 5-23-77 2.58 1978 l@Ez@/@ 5754 5-5-78 4.93 rtgage Investors 1978 RE1/2 45576 11-29-@@ 260.91 tur,@oon, I-loward E. &A.1 1975 55993 6-10-75 31.22 RE2/@ 11-7-75 31.22 1976 1,E1/2 58586 6-10-76 30.15 RE2/' 11-5-76 30.1.5 1977 l@El 60713 5-27-77 30.65 The qbove abate,-aent(s) totaling were at)T)roved by as t a@7 rL Ctay of JOH A" KINSOIN Ap orn: R] n, City Clerk - 1 6 - ITEM #12264 On motion by Councilman Waterfield, seconded by Colincilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Curtis Payne, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilmen J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, and Roger L. Riggs Abstain: Councilman John R. Griffin Absent: None City Council voted to approve on second reading the followin.@ ordinance to accept grants totaling $160,000 to be received from the Federal Government for the purchase of Munden Point Park: AN ORDINANCE TO APPROPRIATE FUNDS OF $160,000 TO BE RECEIVED FROM THE FEDERAL GOVERNMENT FOR THE PURCHASE OF MUNDEN POINT PARK WHEREAS, the Council of the City of Virginia Beach on May 15, 1978 authorized the City t@anager to sign an agreement for the purchase of 100 + acres at Munden Point for recreational purposes, and WHEREAS, the purchase price of the property is $365,000, of which the city will receive a Federal Grant of $160,000 for acquisition, and, in addition, funds for development as well as a grant from the Commonwealth for an access road, and WHEREAS, the city share of the acquisition cost is $205,000 of which $4,000 has been utilized for the option which applies to the purchase price leaving a balance of $201,000, and WHEREAS, the city portion of the acquisition cost was provided in the General Improvement Bond Issue - Series 1977, and WHEREAS, the Federal Grant is on a reimbursement basis which requires the city to advance funds for the initial cost. NOW, THEREFORE BE IT BRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $160,000 be transferred from the General Fund to the 1977 Capital Projects Fund and appropriated for the acquisition of Munden Point property. The loan is to be repaid to the General Fund when Federal Funds are received. FIRST READING: SECOND READING: June 12, 1978 Adopted by the Council of the City of Virginia Beach on the 12 day of June 1978. 6 / 1 2 / 7 8 J. @ilo q; A410 -ql IIIT- I ... A.1da VE-Z @.TP.-.@ P.- -.1@T"' P'- -TT, -S@P. d.. T, T P-T-P-11-- -T -q@ TO P..T;.p q Tq .I.Td.. 'P" I IT -.-.,d.. T P. Td . . .. . ITO I " .-TI., .1 IT.,@ SL-Z -,-s -T p@ "@ @4@ P" P-l"- @'T3 -IT-T;-P-T ITD - @ P.-@@-P .11 @.I. -.11-T@.. IL-4 "S 'T P-PT@-@d @@ P.@@d Id... ..q P-@" "T3 @ll-TJ-P@T -- @-3 --TIT..d f p. id.. q -T -4- @-,(-Td-- ITO P..Tip q I-pl- .,Ild.. @--..-.d -..I.T@.. .1@@ -T g.l.-IT., I.-T.I-IP -1@@ NVIa lyd OISVR 10 NOI.LvdISINIHQV -C NOISIAla -- P--T-P@--@ P" P'P"- 'T '-T-7@TA 'q@--g -T-TH-TA j. fiTZ) ql 3. P.o @q@ J. Z @.4d@4D ;6 '111 -1@TIIV J- 'C --T-T@Ta 3@,u :VINID'dIA 'BOV3q VI,4,5'd'A dO ALID RHI i[O '11ONflOO 21111 7.9 C13NIVUO 11 219 'NV'Ia lVd DISVU Htu iO NOIIVdtSININ([V 01 DNIIV'IM 'VIKI!)'dlA 'BDVZQ VINIOUIA 10 AIlo 'AIU .40 aaoa 3HI lio z 'ddilyHo do Ill 3101j,,Jv '10 c NOISIAIU NIVU02id CINV UNawv OJ, 30NVNICMO NV :.@ld A@d -T-@q 'q3 J' 3- @ITO '41 i- .P.:) P.@ P@--@ TT@.@.0 KITO '.r 'pi-Ti@-3@M 'a PA-TL P.@ '@.Tp.@IS -1 --TA '@@2Td 'p..Il.ll -V 10 "d -'S ... 0 "-f q l@.q.H '..,a -V -4-f -@-TT@ ... 0 :- AV .@.A p.p .... @ @q P.@ 3 Aq P.P..@-- 0 Aq o 99zzl# Naill 1 8 - employment for the first time shall usually be placed at the first step of the pay range established for the class in which employed. Occasionally, however, based on a new employee's prior experience and proficiency in the same or related capacity, placement may be accelerated up to and including the (C) sted of the assigned range upon recommendation bv t roval of the Director of Personnel. The effective date of original employment shall be the first day of the probationary period, (b) Reemployment shall be the status of the returning employee's employment period following'a separation from City employment of more than thirtv (30) consecutive talendar dus from the date of separation, A new anniversary date shall be e 3t day of the pay period fo lowing the return to service. Such anniversary date shall be the basis for computation of all merit istments. A ret who is reemployed shall be usually placed at the (A) stpn f the position's approved pay range. Occasionally. however. based on the rPt,,r@- rior proficiency and experience in the same or related capacity, an acceleration of up to and including the (C) st he assi e made upon iecommeg"tion bv the employing authority and approval of the Director of Person@l-. All time earned in previous employment.shall not be counted toward&' period, annual leave, service a ds or other I employment conditions or benefit.. Rather, only that @ng actual reemployment shall be counted. 11 be the status of the returning employee's employment perl, ity within thirty (30) rit service. The app .all reinstated emplo,, All time earned Previou- reinstatement shall be counted towards the probationary period, annua@ tioweve counted from actual annual leave accrual to the nearest pay period. -2- -19 - L Section 2-35. Probation. The probationary petiod for employees shall be the initial six (6) calendar months (twelve (12) calendar months for sworfi police and fire personnel] of employment following an original employment or reemployment. Section i-36. Changes in employees pay. (a) An Administrative Increase shall be a one step increase within the pay range of a class that is awarded to an employee displaying exceptionally outstanding meritorious service. Merit service recommended for an administrative increase upon submission of a letter of justification bv the respective department head to the Director of Personnel, subject to the approval of the City Manager. Exempt service employees hall be subject to approval by the Mayor or a designated Council meiqber or members. An adminis- trative increase does not affect the employee's anniversary date except when such adjustment involves a longevity step. Administrative increases shall oilv be awarded to full-time permanent employees. (b) Merit Increase shall be an increase of one step witbin the pay range of a class that is awarded to an employee upou the completion of twelve (12) calendar months of successful job performance in that class. Merit increases mav beco,.qc effective on or after the employee s anni Th@f@crease is not @,itomatically awarded, but is given based on job per d a merit loyee's i anniversary date of elig be amended to gne yea@ from the date t,@@it increase final:,--,;ecame effective. Meril increases shall only e awar@@- co full-time verma,n@@ m I o@e ,@@c) An Administra@,@e Decrease shall be defined as a one step reduction within the "c',5.;s as disciplinary action from the result of unsatisfactory job perform- ance or misconduct. An administrative decrease for merit service employees requirres letter of iustification submitted by the respective department head to the Director of Personnel and is subject to the approval of the City Manager. Exempt service employees shall be subject to tbe approval of tbe Ma)7or or other designated Council member or members. Anniversary dates are not affected by an administrative decrease, except when such adjust... ment involves a longevity step. (d) Longevity Steps. In addition to the six regular (A) through (F) steps, each pay range shall have two additional longevity steps, (L-1 and (L-2). After three years of successful ser-vice at the top regular (F) step of the class to which a position bas been assigned, an employee shall become eligible for consideration for the first longevity (L-1) step. After four years of successful service o, the -3- 2 0 - (L-1) step, an employee shall become eligible for consideration for the second longevity (L-2) step. In all cases,.employees must first satisfy the time require- ments established before becoming eligible for advancement to the (L-1) or (L-2) step. A longevity increase shall be considered a merit increase transaction when actually awarded and Personnel Transaction Request Form so noted. At no time shall employees be promoted into a longevity step, in the new position, higher than the longevity step the employee had attained in the former position. (c) A General Increase shall be an increase to a-higher pay range for all classes of employees simultaneously. This shall be recommended by the City Manager and approved by the City Council. General increases are not dependent on an employee's individual performance of job class, but rather take effect as cost of living adjustments. Section 2-37. Changes in Class. (a) A promotion shall be an advancement by a full-time permanent or probational employee to a higher pay range granted to an employee in conjunction with "increased job duties and responsibilities". When employees are promoted, their salary shall be increased to a minimum siep for that class (A Step) or two pay increments above their present range and step whichever is greater. However, such an increase shall not Elace the employee at a pay step in the range of the new position higher than the pay step held in the range of the former posi.tion. The effective date of all promotions shall be the first day of the pay period, Employees who are promoted on their anniversary date and are elirible for a merit increase may receive a three step pay increment increase over their former salary level provided such an increase shall not place the emplovee at a pay step in the ranre of the new position more than on6 step higher than the sted in the range of the former Position. (b) A Demotion shall be a reduction in the pay range of a full-time permanent or probational employee in conjunction with a change in job duties and responsibilities. When an employee is reduced to a lower pay range, their step within the new pay range shall be determined by the Director of Personnel. The anniversary date of eligibility for merit increases shall not be adjusted unless the work of the lower position is determined bv the Director of.Personnel not to be significantly similar to the type of work from wliich the employee was demoted. -4- I 2 1 - riate job title, pay range, and step to an employee whose classification does not accurately reflect the actual duties performed. When such position cannot accurately be described or compensated by assignment to an existing class, the Director of Personnel shall establish a new class with appropriate-range and title subject to the approval of the City Manager, The Director of Personnel shall determine an appropriate pay step and anniversary date based on the employee's longevity in the work of the class to which reclassified. Section 2-38. Transfers. (a) Transfer Within Department A transfer from one payroll bureau code to another within the same department shall be considered a transfer within department. (b) Transfer Between Departments - A transfer of an employee from one depart- mental budget code to another shall be considered a transfer between departments, If a transfer between departments involves a promotion r demotion, the rules of the appropriate action shall apply. When employees transfer between departments to the same class of position no change of status or anniversary date occurs. Section 2-39. Terminations.. (a) Resignation shall be a voluntar@eparation from employment through written notification to the employi@authority initiatpJ by the employee. (b) Conipletion of Temp@ Plovmeiit sh@1,3 oe the sei)aration from employment of a temporarv emplo,@.h. has worked t@--, h th@ tion is a ees atinr Prior to the last workdav shall be governed vai] riate separaling action. employee who is scheduled r federal agencies. Retirement from full-time service with t employees except sworn Dolice and fire personnel who must retire at age 65, -5- 2 2 - (d).Dismissal shall be an involuntary separation from employment initiated by the employing authority as a result of the employee's unsatisfactory work performance or misconduct. (e) Failure to Appear shall be a failure by an employee to report to work during the first scheduled work day foll without previous notifica- tion to the employing authority. (f) Administrative Termination shall be a separation from employment initiated by the Director of Personnel on the basis of the employee's failure to meet minimum qualifications for the position following the actual start of work: or the unavail- ability of the position or approvecf-monies in the budget of the respective department These employees shall be administratively terminated as immediately convenient following the determination and shall be.notified of their rights to a Section 2-40. Effective date of actions. In all cases except -aeparation, the effective date of action shall be considered the commencement of the employee's regularly scheduled work period on the calendar day indicated. In all cases of separation the effe-ctive date of act @-n,shall be considered the end of the employee's re@ff-Y scheduled work peolod, on the calendar day indicated. Section 2-41. Annive@-I dates. The ar hall bS- @-@e date on which the employee becomes eligible or@a mer erally be one calendar year from the beg@-,ing date of the first pay period worked following: The employee's initial ,,@,@employment; reemployment, promotion, last merit increase, demotion, or transfer to a Position dissimilar to the position they are vacating. Section 2-42. Interpretations. The Director of Personnel shall be responsible for interpreting the application of the plan to pay problems which are not specifically covered by this division, using the principles expressed in this division as a policy guide. -6- 2 3 - Section 2-43. Review and amendment of the Pay Plan. The Director of Personnel shall constantly review employee ranges, and when necessary, make recommendations for changes to the City Manager. The ranges of pay for each class of positions may be changed by the City Manager upon recommendation by the Director of Personnel, provided funds are available for any increases in the ranges. A cbange in the pay range of a class shall not affect the anniversary date of employees in that class except when it involves a longevity step. The City pay schedule, as adopted by section 1 of Ordinance No. 460, and as amended by the City Manager, is hereby reordained. This ordinance shall be effective upon date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1978. DEFERRED: June.12, 1978 AB/cj 4/12/78 @EPAR;@EN@ -7- ITEM #fi266 Application of Lill Shopper, Inc., for a Conditional Use Permit for a gasoline service station and convenience store on certain property located on the North side of Shore Drive beginning at a point 316 feet East of Pleasure House Road, running a distance of 150 feet along the North side of Shore Drive, running a distance of 216.44 feet along the Eastern property line, running a distance of 150 feet along thd Northern property line (South side of Hollis Road) and running a distance of 236.21 feet along the Western property liiie. Said parcel contains .61 acre.. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 9 for the motion and 3 against to approve this request, subject to the following conditions: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. fmprovements along Shore Drive, which includes pavement widening, curb and gutter, sidewalk and drainage facilities. 4. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 5. A dedication of right-of-way 25 feet from the centerline of the existing 30 foot right-of-way along the 150 foot frontage on Hollis Road (a 10 foot dedication). Mr. Andrew Heatwole represented the applicant On motion by Councilman Cromwell, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer one week the above application of Li'l Shopper, Inc., for a Conditional Use Permit for a gasoline service station and convenience store on certain property located on the North side of Shore Drive beginning at a point 316 feet East of Pleasure House Road, running a distance of 150 feet along the North side of Shore Drive, running a distance of 216.44 feet along the Eastern property line, running a distance of 150 feet along the Northern property line (South side of liollis Road) and running a distance of 236.21 feet along the Western property line. Said parcel contains .61 acre. Bayside Borough Councilman Cromwell requested the Department of Bighways to prepare a report regarding the condition of Holl.is Road. 6 / 1 2 / 7 8 1 - 2 5 - ITEM #12267 Petition of Robert W. Waddell, M.D., and Grover C. Wright, Jr., Trustees of Virginia Beach Orthopedic Association, for a Chanqe of Zoninq District Classification from R-5 Residential District o 0-1 Office District on certain property located on the South side of Old Donation Parkway begin- ning at a point 1049.26 feet West of First Colonial Road, running a distance of 481.91 feet along the Eastern property line, running a distance of 745.93 feet along the Southern property line and running a distance of 813.73 feet along the Northern property line of which 739.31 feet is the South side of Old Donation Parkway. Said parcel contains 3.553 acres. LYNNHAVEN BOROUGH. PI anning Commission Recommendation: A motion was passed unanimously by the Plannirig Commission by a recorded vote of 12 to deny this request. Old Donation Parkway is designed to be utilized as a residential arterial and, therefore, both office and com- mercial uses would not be compatible with this intention. On motion by Vice Mayor Standing, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer one week the above petition of Robert W. Waddell, M.D., and Grover C. Wright, Jr., Trustees of Virginia Beach Orthopedic Association, for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on certain property located on the South side of Old Donation Park- way beginning at a point 1049.26 feet west of First Colonial Road, running a distance of 481.19 feet along the Eastern property line, running a distance of 745.93 feet along the Southern property line, running a distance of 813.73 feet along the Northern property line of which 739.31 feet is the South side of Old Donation Parkway. Said parcel contains 3.553 acres. Lynnhaven Borou@.h. 6 / 1 2 1 7 8 2 r" - ITEM I2268 Petition of Frederick B. Bryant, Trustee of the Bryant Family Trust, for a l@atngteoof Zoninq District Classification from I-1 Light Industrial Dist- r,c B-LI Community-business Ulstrict on certain property located on the North side of Greenwich Road beginning at a point 2080 feet more or less East of Newtown Road, running a distance of 430 feet more or less along the North side of Greenwi@h Road, running a distance of 280.37 feet along the Eastern property line, running a distance of 298.18 feet along the Northern property line and running a distance of 397.13 feet along the Western property line. Said parcel contains 2.866 acres. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to allow withdrawal of this request. on motion by vice mayor Standing, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to permit withdrawal of the above petition of Frederick B. Bryant, Trustee of the Bryant Family Trust, for a Change of Zoning District Classification from T-1 Light Industrial District to B-2 Community- usiness District on certain property lo- cated on the North side of Greenwich Road beginning at a point 2080 feet more or less East of Newtown Road, running a distance of 430 feet more or less along the North side of Greenwich Road, running a distance of 280.37 feet along the Eastern property line, running a distance of 298.18 feet along the Northern property line, running a distance of 397.13 feet along the Western property line. Said parcel contains 2.866 acres. Bayside Borough. 6JI2/78 - 2 7 - ITEM #12269 Petition of Coite B. Rudacil and Robert C. Sewell for a Chanqe of Zoning District Classification from R-4 Residential District to A-2 Apartment District on c rtain property located on the North side of Wishart Road beginning at a point.420 feet more or less East of Independence-Boulevard, running a distance o@ 291.30 feet along the North side of Wisliart Road, runnirig a distance of 77.75 feet in a Northerly direction, running a distance of 70.80 feet in a Northwesterly direction, running a distance of 101.45 feet in an Easterly direction, running a distance of 150 feet in a Northerly direction, running a distance of 39.20 feet in a Northwesterly direction, running a distance of 120.60 feet in a Northeasterly direction, running a distance of 159.96 feet along the Northern property line and running a distance of 600.71 feet along the Western property line. Said parcel contains 2.077 acres. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was- passed unani mously by the Planning Commission by a recorded vote of 12 to approve this request with a modification to R-9 Residential District, subject to the following conditions: In conjunction with the intended use of the land, the following conditions will be met: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer will be required at the time of site plan review. 3. A sewage pump station is required. 4. Right-of-way improvements a@e necessary along Wishart Road, which includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 5. The necessary downstream drainage improvements and easements will be required. Prior to the change of the official zoning map, the following condition will be met: 1. A dedication of right-of-way 30 feet from the centerline of the existing 30 foot right-of--Way along the 291.30 foot frontage on Wishart Road (a 15 foot dedication). Mr. H. Calvin Spain, Attorney, represented the petitioner. Captain Baker appeared on this matter. on motion by Councilman Cromwell, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for two weeks the above petition of Coite B. Rudacil and Robert C. Sewell for a Change of Zoning District Classification from R-4 Residential District to A-2 Apartment District on certain property located on the North side of Wishart Road beginning at a point 420 feet more or less East of Independence Boulevard, running a distance of 291.30 feet along the liorth side of Wishart Road, running a distance of 77.75 feet in a Northerly direction, running a distance of 70.80 feet in a Northwesterly direction, running a distance of 101.45 feet in an Easterly direction, running a distance of 150 feet in a Northerly direction, running a distance of 39.20 feet in a Northwesterly direction, running a distance of 120.60 feet in a Northeasterly direction, running a distance of 159.96 feet along the Northern property line and running a distance of 600.71 feet along the Western property line. Said parcel contains 2.077 acres. Bayside Borough. 6 / 1 2 / 7 8 - 2 8 - ITEM #12270 COUNCILMAN CROMWELL LEFT CHAMBERS Petition of ROdwing Associates, a Virginia Partnership, for a Change of Zoning District Classification from AG-1 Agricultural Distri t@to B-2 Commuhity-Business District on parcels located 30.91 feet West Of Oceana Boulevard. Parcel 1: Beginning at a point 750 feet mord or less South of Prosperity Road, running a distance of 98.61 feet along the Eastern property line, running around a curve a distance of 35.05 feet, running a distance of 737.29 feet along the-Southern property line, running a distance of 169.74 feet along the Western property line and running a distance of 788.36 feet along the Northern property line. Parcel 2: Beginning at a point 810 feet more or less South of Prosperity Road, running a distance of 234.05 feet along the Eastern property line, running a distance of 831.21 feet along the Southern property line, running a distance of 227.58 feet in a Northwesterly direction, running a distance of 128.20 feet in a Westerly direction, running a distance of 474.88 feet in a Northeasterly direction and running a distance of 849.79 feet along the Northern property line. Said parcels contain 11.796 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 10 for the motion and 2 against to approve this request, subject to the following conditions: In conjunction with the intended use of the land, the following conditions will be met: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer will be required at the time of site plan review. 3. A sewage pump station is required. 4. Right-of-way improvements along Oceana Boulevard are necessary, which includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 5. An adequately sized drainage easement will be required along the western property line. 6. Right-turn and left-turn by-pass lanes and participation in the cost of installing a future traffic signal are necessary. 6Jl2/78 2 9 - On motion by Councilman Payne, seconded by Councilman waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffir,, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. C,,rtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent: Councilman Robert B. Cromwell, Jr. City Council voted to approve the following ordinance upon petiti,n of Redwing Associates, a Virginia Partnership, for a Change of in District Classification from AG-1 Agricultural District to B-2 Community- Business Di trit n parcels located 30.91 feet West of Oceana Boulevard: ORDINANCE UPON PETITION OF REDWING ASSOCIATES, A Z0678351 VIRGINIA PARTNERSHIP, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AC-1 Agricultural Distrit TO B-2 Community-Business District. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Redwing Associates, a Virginia Partnership, for a Change of Zoning District Classification from AG-1 Agricultural District to @-2-Community-Business District on parcels located 30.91 feet West of Oceana Boulevard: Parcel 1: Beginning at a point 750 feet mare or les, So,th of Prosperity Road, running a distance of 98.61 feet along the Eastern property line, running around a curve a distance of 35.05 feet, running a distance of 737.29 feet along the Southern property line, running a distance of 169.74 feet along the Western property line and running a distance of 788.35 feet along the Northern property line. Parcel 2: Beginning at a point 810 feet more Or les, S,uth of Prosperity Road, running a distance of 234.05 feet along the Eastern property line, running a distance of 831.21 feet along the Southern property line, running a distance of 227-58 feet in a Northwesterly direction, running a distance of 128.20 feet in a Westerly direction, running a distance of 474.88 feet in a Northeasterly direction and running a dis- tance of 849.79 feet along the Northern property line. Said parcel contains 11.796 acres. Princess Anne Borough. In conjunction with the intended use of the land, the following con- ditions will be met: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer will be required at the time of site plan review. 3. A sewage pump station is required. 4. Right-of-way improvements along Oceana Boulevard are necessary, which includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 5. An adequately sized drainage easement will be required along the western property line. 6. Right-turn and left-turn by-pass lanes and participation in the cost of installing a future traffic signal are necessary. This ordinance shall be effective upon date of adoption. - 3 0 - ITF,M #12271 COUNCILMAN CROMWELL RETURNED TO CHAMBERS Petition of Bruce B. Mills fo@ a Change of Zoning District Classification from A-1 Apartment District to A-2 Apartment District on certain property located at the Northwest intersection of Pennsylvania Avenue and Second Street, running a distance of 157.50 feet along the West side of Pennsyl- vania Avenue, running a distance of 130 feet along the Northern property line, running a distance of 160 feet along the Western property line and running a distance of 120 feet along the North side of Second Street. Said parcel contains .45 acre. KEMPSVILLE BOROUGH. Planning Commission R.ecommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request, subject to the following conditions: In conjunction with the intended use of the land, the following conditions will be met: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer will be required at the time of site plan review, with the extension of an available 8 inch water line to serve this property. 3. Right-of-way improvements will be necessary on Second Street, which includes pavement, curb and gutter, sidewalk, and drainage facilities. M@. B@.@@ B. Mill., Att.@.ey, pp@.@@d @g.,di.g l,i. p@titi.,. 0. ..ti.. by C... @il... M@C.y, @.@..d@d by C ... @il... ..d by @@@.@ded @.t@ .. f.1l.w.: Ay- : C ... cil.@. J.h. A. B.@., R.b@@, B. C@ .... 11, J@., G@.@g@ R. Fe@@@ll, J.h. R. G@iffi., M.y.@ Cl@@..ce A. H.1l..d, J. li@.@y McC.y, J@., C... 14@y.@. E. Ob.,.d.@f, J. C.@ti. P.y.@, R.ge@ L. Rigg@, Vi@. M.y., P@t@ick L. St..di.g, ..d Fl.yd E. W.t@@field, J@. N.y. : N..@ Ab ... t: N..e City C... @il @.l.d t. @ppl.@@ the f.11.@i@g o@di ... @@ p.. petiti.. of B@.@. B. Mill. f.@ . Ch..g@ f @,. Di.t@i.t Cl..@ifi@.ti.. f@.. A-1 Ap.@t.@.t Di.t@i@t t. A-2 Ap.1t.@.t Di.t@i@t: ORDINANCE UPON PETITION OF BRUCE B. MILLS FOR Z0678352 A CIFANCE OF ZONING DISTRICT CLASSIFICATION FROM A-1 Ap.@t.@.t Di.t,i@t t. A-2 Ap.@t.@.t Di.t@i@t BE IT ORDAINED BY TtiE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, th.L: P@titi.. f B@.@@ B. Mill@ f.@ of Z.-i-g Di@t@it Cl...Iifi@.- ti.. f@.. A-1 Ap.@t...t Di.tli@t t. A-2 Tp-@t ... t Di.tli@t p@.p@@ty 1... t@d t th@ N.@th.@.t f p.... ylv@@i. A@@ ... @.d S.@o.d St@..t, @...i.g . di.t..@e f 157.50 f@.t I..g th@ W@@t @id@ f P@..@ylv@@i. A@@..@, @.@.i.g . di.,t@.@@ f 130 f@@@ @lo.g tl,@ N.@th@@. p@.p.,ty li.@, @ ... i.g . di@t@@@@ f 160 f..t @l..g th@ W..t.@. p@.p@@ty Ii.. ..d @... i.g . di.t..@. f 120 fe.t .1o.g th@ N.@th id. of S@@..d St@..t. S.id p.@,@l .45 ith th@ i.t@.d@d ..@ f tl,@ I..d, th@ f.li..i@g diti... -ill b@ ..t: 1. St..d.@d i.p@.v@.@.t. by tl,@ Sit@ PI.. O@di . . . 2. City .@d ill b@ t th@ ti.@ f @it. pl@. ith th@ @f .@ .,@il.bl@ 8-i.@h ..t., li.@ to ... v. thi. p@.p@@ty. 3. Right-.f-..y i.p@.v@.@.ts ill b@ ..@ ... @,y o@ S.@..d St@@@t, I,i.h i.@l.d@. p.v@.@.t, @.@b ..d g.tt@,, id@- ..Ik@, ..d d,.i..g. f.@iliti@s. Thi. @h.11 b@ ff.@tiv@ @p.. d.t. of d.ptio.. - 3 1 - ITEM #12271@,- Petition of Carlton E. and Josephine Coppersmith for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office Dis- trict on certain property located at the Southeast intersection of Kemp- sville Road and Providence Road, running a distance of 187.83 feet along the East side of Kempsville Road, running a distance of 107.14 feet along the Southern property line, running a distance of 187.83 feet along the Eastern property line and running a distance of 107.14 feet along the South side of Providence -Road. Said parcel contains .462 acre. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to deny this request. It was felt that the proposed zoning would initiate and promote a non-residential strip development pattern along Providence Road. In addition, conditions have not changed since this petition was last considered and denied. on motion by Councilman McCoy, seconded by CouncilTnan Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for one week the above petition of Carlton E. and Josephine Coppersmith for a Change of Zoning Dis- trict Classification from R-5 Residential District to 0-1 Office District on certain property located at the Southeast intersection of Kempsville Road and Providence Road, running a distance of 187.83 feet along the East side of Kempsville Road, running a distance of 107.14 feet along the Southern property line, running a distance of 187.83 feet along the Eastern property line and running a distance of 107.14 feet along the South side of Providence Road. Said parcel contains .462 acre. Kempsville Borough. 6YI2/78 - 3 1- ITEM #12272 Petitio@ of Se@e@ E C..p@@.y f., . Ch@@qe of Z@@i@q Dist,i@t Cl@ssific@ti.@ f... R-8 Reside.ti@l Di@t,i@t t. A-1 Ap@lt.@@t Dist,ict c It @ PI.P@lty I.C.ted .@ th@ S..th sid@ f B.@@@y Ro@d b@gi@@ing at p.int 660.4 f@et ..re r less West of E@e@l Road, running a distanc@ f 15.37 feet along the S..th sid@ f B.nn@y R.@d, r@n@ing @ dist@@@e f 691.17 f@et i@ @ S..the.sterly dirktio@, ru,ning a dist@@,e @f 526.20 f@@t in a S.@th- .@st@rly dire,tion, r@,,i,g @ dista@ce of 389.24 f.t in a Southea@t@rly di,@cti.n, r.@@ing @ di,t@,ce of 711.58 f,,@t i, @ N@rtf,@@sterly dir@cti.@ and @ dist@n,l f 1037.70 f@@t i@ @ N.rth@@,trly dire@ti.n. S@id parcel c.@t@i@ 5.268 @c,,s. KEMPSVILLE BOROUGH. Pl@nning Co..i@ ion R@@.@,,@@d@tion; A ..ti.n @@s p@s@@d un@,i..usly by the Pl@n@ing C.@.issio@ by @ r@@.rded ,.t. f 11 t. @ppr.@@ thi, r@q@@,t, s@bje@t t. th@ f.1l..ing conditi.,@: l@ itl, th@ i@,te@d@d .@ f the l@nd, the follo.i@g @.nditi.n@ .ill be et: 1. St.ndard req@ired by th@ Sit@ Pl@@ O,din@n@ 2. City @t@r a,d @ill be @@i,ed at the ti.,@ f site pl@n -i-. 3. A s@@ag, p.@p st@tion i@ req.ired. 4. The n@@s@@ry do.stre@. drai@@g@ i.pr.@e.@nt@ @nd e@se.e@ts neces,@ry. 5. An @ccess .ad ith a ini.,,@ f .@e 11 foot @@@ in e@@h directi.. i@ n@c@,@@ry. M@. V. A. Atl.@.@y, Ih@ 0. ..ti@@ by bl C... by .@.@d.d .t. Aye.: C...@il... j@l,@ A. B@@., R.b@@t B. J,., @.rg, R. Fe@,@ll, J.h. R. G,iffi-, M@Y-1 A. 11.1l..d, J. H..,y M,C.,, J@., J. C.@@i@ P.Y.@, R.g@, L. igg@, @i,@ @,@y@, @'@l,i,k L. SI..di,,,, @.d Fl.yd E. W.t@,fi@id, J,. N-Y-: C ... @l@y@@. E. Ob@,.d@,f Ab.@.t: N.n@ Ci'Y C... @il @.t@d t. @pp .... Ih@ f.1l..i.g p.. -f S@@@@ E C--P.@y f., . Ch.@@@- f Di.,@i@, f,.. R-8 Re.id@@,,i.1 Di@, - - @i@, I A I Ap.@, ORDINANCE UPON PETITION OF SEVEN E COMPANY FOR A Z0678353 CHANCE OF ZONItiG DISTRICT CLASSIFICATIO14 FRO@F R-8 Re.id@.1i.1 Di@tli@l TO A-1 Di.,,,i,, BE IT ORDAINED BY TliE COU14CIL OF TIIE C.ITY OF VIRGINIA @EACII, VIRGINIA, @h@,: S.@@. E C..p..y f.@ -f Z..i.@ Di@,@i,l Cl.@@ifi- R-8 R@@id,@li.1 Di@llicl l@ A-1 P.@l.@ D@,@@@i t-i- P@.P.@ty 1.@.,@d 'h' S-@lh @id@ -f R..d b.gi..i.g p.i@@ 660.4 f@@, le@@ W@@, f E@.11 R..d, . di.... -f 15.37 f@@@ .1.@, h@ S@@,11 ill @f B ... @y R..d, @..i@g .f 691.17 f@@@ i@ @ S..@h@.@t.,I, @... i@, 526.20 f@.@ J. ... .... i.,, @ di,,t@@@, @l 389.24 ,f 711.58 di,,,,Ii.,, @,@d f 1037. 70 f,,, S-id P-1@,l 5.263 B.,..gh. 1. @i,h ill b, @.@l: St..d.,d by 'h@ si@. Pl@. O@di... 2. Ci@y ..d @ill b@ ,,@i,,d @t h, i@, 3. A s@.@,.g@ p..p i,, 4. Th. @y d.... 11@.@ d,.i@.,, 5. A. Thi. @h.11 b. Ad.p@@d by 11,@ C.,,@,ii f Ih@ Ci'Y -f Vilgi.i. B,.@h, Vi@gi.i., @h@ 12th d.y f 1978. 6/12178 - 3 3 - ITEM #12273 Petition of Hermitage Townhouse Associates for a Cha strict Classification from R-5 Residential District t@ siness District on certain property located on the East s e of Providence Road beginning at a point 353.44 feet South of Princess Anne Road, running a distance of 492.70 feet along the East side of Providence Road, running a distance of 904.16 feet along the Southern property line, running a distance of 682.76 feet along the Eastern property line and runni@ng a distance of 739.77 feet along the Nortilern property line. Said parcel contains 11.949 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 11 for the motion and 1 against to deny this request. It was felt that the proposed zoning is inappropriate for this site given the stirrounding land use pattern and existing level of available services. on motion by Councilman McCoy, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Abstain: Councilman Robert B. Cromwell, Jr. Absent: None City Council voted to defer one week the above petition of Hermitage Townhouse Associates for a Change of in District Classification from R-5 Residential District to B-2 Community-Business District on certain property located on the East side of Providence Road beginn- ing at a point 353.44 feet South of Princess Anne Road, runnin,. a dis- tance of 492.70 feet along the East side of Providence Road, running a distance of 904.16 feet along the Southern property line, running a distance of 682.76 feet along the Eastern property line and running a distance of 739.77 feet along the Northern property line. Said parcel contains 11.949 acres. Kempsville Borough. 61 1 2 / 7 8 - 3 4 - ITEM #12274 Petition of Herbert L. Kramer for a Chanqe of Zoning District Classifica- tion from R-3 Residential District to R-4 Residential District on certain r@operty located on the East side of Wakefield Drive beginning at a point 290 feet more or less South of Dunstan Lane, running a distance of 926 feet more or less along the East side of Wakefield Drive, running a distance of 473 feet more or less along the Southern property line, running a distance of 575 feet more or less in a Northeasterly direction, running a distance of 153.84 feet in a Northerly direction and running a distance of 161.35 feet in a Northwesterly direction. Said parcel contains 8.26 acres. (Thoroughgood Estates Area). BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request, subject to the following conditions: In conjunction with the intended use of the land, the following conditions will be met: 1. Standard irriprovements as required by the SLibdivision Ordinance. 2. City water and sewer are required at the time of subdivision review. 3. Open perimeter ditches will not be permitted. Mr. Herbert Kramer appeared regarding his petition. The following appeared in opposition: Mr. John Reed, Thoroughgood Civic League Mr. John Anderson Mr. Henry Keeling Mr. R. X. Bolen On motion by Councilman Cromwell, seconded by Mayor Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standin.@, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent; None City Council voted to approve the following ordinance upon petition of Herbert L. Kramer for a Change of Zoning District Classification from R-3 Residential District to R-4 Residential District: 6/12/@ ORDINANCE UPON PETITION OF HERBERT L. KRAMER FOR Z0678354 A CHANGE OF ZONING DISTRICT CLASSIFTCATTON FROM R-3 Residential District TO R-4 Residential Dis- trict BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Herbert L. Kramer for a hange @f Zoning District Classifica- tion from R-3 Residential District to R-4 Residential District on certain property located on the East side of Wakefield Drive beginning at a point 290 feet more or less South of Dunstan Lane, running a distance of 926 feet more or less along the East side of Wakefield Drive, running a dis- tance of 473 feet more or less along the Southern property line, running a distance of 575 feet more or less in a Northeasterly direction, running a distance of 153.84 feet in a Northerly direction and running a distance of 161.35 feet in a Northwesterly direction. Said parcel- contains 8.26 acres. (Thoroughgood Estates Area). Bayside Borough. In conjunction with the intended use of tlie land, the following conditions will be met: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer are required at the time of sub- division review. 3. Open perimeter ditches will not be permitted. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of June 1978. ITEM #12275 Petition of Herbert L. Kramer for a Change of Zoning District Classifica- tion from R-1 Residential District t7o R-3 Residential District on certain property located at the Northeast intersection of Dunstan Lane and Wake- field Drive, running a distance of 905.37 feet along the North side of Dunstan Lane, running a distance of 274.76 feet in a Northerly direction, running a distance of 386.26 feet in a Westerly direction, running a distance of 463.95 feet in a Northerly direction, running a distance of 282.16 feet along the Northern property line and running a distance of 648.43 feet along the East side of Wakefield Drive. Said parcel contains 9.19 acres. (Thorougkgood Estates Area). BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 10 for the motion, 1 against, and 1 abstention to deny this request as it would be incompatible with the surrounding area. 6/12J78 Mr. Herbert L. Kramer appeared regarding his petition -36- The following appeared in opposition: Mr. John Reed, Thorou-.hgood Civic League Mr. John Anderson Mr. Henry Keeling Mr. R. K. Bolen On motion by Councilman Cromwell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None Cit,, Council voted to deny the above petition of Kerbert L. Kramer for a C n e of in District Classification from R-1 Residential District to R-3 Residential Distr ct on certain property located at the Northeast intersection of Dunstan Lane and Wakefield Drive, runn- ing a distance of 905.37 feet along the North side of Dunstan Lane, running a distance of 274.76 feet in a Northerly direction, running a distance of 386.26 feet in a Westerly direction, running a distance of 463.95 feet in a Northerly direction, running a distance of 282.16 feet along the Northern property line and running a distance of 648.43 feet along the East side of Wakefield Drive. Said parcel contains 9.19 acres. (Thoroughgood Estates Area). Bayside Borough. The petition was denied as it was felt that it would be incompatible with the surrounding area. ITEM #12276 COUNCILMAN BAUM LEFT CHAMBURS Petition of Willowood Holding Corporation for a an e of 'on in "srct Classification from A-1 Apartment District to A 3 Apartent DiItrilt In certain property located on the Southside of Gunn Hall Drive beginning at a point 212.93 feet East of Oceana Boulevard, running a distance of 430.94 feet along the Northern property line of which 149 feet is the South side of Gunn Hall Drive, running a distance of 327 feet along the Eastern property line, running a distance of 327.02 feet along the Southern property line and running a distance of 230 feet along the Western property line. Said parcel co@ntains 2.5 acres. (Gunn Hall Manor Area). PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 7 for the motion and 5 against to approve this request with a modification to A-2 Apartment District, subject to the following conditions: In conjunction with the intended use of the land, the fOllOwing conditions will be met: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer will be required at the time of site plan review, with water being provided by extending a water line from False Cape Parkway or Forest Hill Subdivision. 3. The developer will be required to provide a gravity sewer and a pump station to serve this property. 4. The necessary downstream drainage improvements and easements will be provided by the developer. 6 / 1 27 8 Ms. Kay Chaplain represented the petitioner -37- on motion by Councilman Payne, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent: Councilman John A. Baum City Council voted to approve the following ordinance upon petition of Willowood Holding Corporation for a Change of Zoning District Classification from A-1 Apartment District to A-2 Apartment District (modified from A-3 Apartment District): ORDINANCE UPON PETITION OF WILLOWOOD HOLDING CORP- Z0678355 ORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICA- TION FROM A-1 Apartment District TO A-2 Apartment District (modified from A-3 Apartment District) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA, that: Petition of Willowood Holding Corporation for a n e 2f Zoning District Classification from A-1 Apartment District to A-2 Apartment District (modified from A-3 Apartment District) on certain property located on the Southside of Gunn Hall Drive be@.inning at a point 212.93 feet East of Oceana Boulevard, running a distance of 430.94 feet along the Northern property line of which 149 feet is the South side of Gunn Hall Drive, running a distance of 327 feet along the Eastern property line, running a distance of 327.02 feet along the Southern property line and running a distance of 230 feet along the Western property line. Said parcel contains 2.5 acres. (Gunn Hall Manor Area). Princess Anne Borough. In conjunction with the intended use of the land, the following con- ditions will be met: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer will be required at the time of site plan review, with water being provided by extending a water line from False Cape Parkway or Forest Hill Sub- division. 3. The developer will be required to provide a gravity sewer and a pump station to serve this property, if needed. 4. The necessary downstream drainage improvements and easements will be provided by the developer. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of June 1978. 6/12/78 - -3 8 - ITEM #12277 Petition of Willowood Holding Corporation for a Ch District Classification from AG-1 Aqriculttjral Pistrjct fo- on certain property locate(' a" t@if, @,,)i@i,@,least intersection of Oceana Boulevard and Gunn iiill Drive, runpinfj a di@'Lance of 351.@6 feet along t@ie East sidf@ of Oceana licu@iek,@,i-d, runninq @J dstance of ?4S.6 feet along "nrl Southern property a dis@encr,! of @-130 feE@ along '@he E.3ster,-, property line. and rlirining a dista@ice )@ 2@@:2.q3 fect along the South side 0-r Gunn Hall Drive. Said parcel cortlin-- acres. PRINCESS ANNE BOROUGii. Planning Conimiss4on Recommendatiori: A motion was not passed by the Planni'r)g Coifliii,@sion due to a tie vote of 6 for the motion and 6 against the motion to approve this ro-qtiest, @hereforc, Planninci Corr,,,ni.,;@,,ion fc@r,4ards r,(@ T,(-n(lti:-@n @-o Cit-@,, Cot)rc@l- Ms. Kay Chaplain represented tbe petitioner On motion by Councilman Payne, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to refer back to the Planning Commission the above petition of Willowood Holding Corporation for a n e of Zoninp Dis- trict Classification from AG-1 Agricultural District to A-3 Apartment District on certain property located at the Southeast intersection of Oceana Boulevard and Gunn Hall Drive, running a distance of 351.36 feet along the East side of Oceana Boulevard, running a distance of 245.6 feet along the Soutbern property line, running a distance of 330 feet along the Eastern property line and running a distance of 212.93 feet along the South side of Gunn Hall Drive. Said parcel contains 1.7 acres. Princess Anne Borough. 6/l2j78 -@3 9- ITEM #12278 Petition by Motion of the Planning Commission of the City of Virginia Beach for a Ihan,e of lo ing District Classification from P-1 Preservation c .t to R_8 R 'i@ Distri dential District on certain property located on the West side of Holly Avenue beginning at the Western extremity of 63rd Street, running a distance of 80 feet more or less along the West side of Holly Avenue (Eastern boundary of Seashore State Park), running a distance of 110 feet more or less along the Northern property line, running a distance of 70 feet more or less along the Western property line and running a distance of 90 feet mot-e or less along the Southern property line. Said parcel -c@ontains 7500 square feet more or less. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded -,@+- @f 12 tn ;innrnvp thi, rpotipt. Mr. Dick Nabors appeared requesting deferral. On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. lioll.nd, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. waterfield, Jr. Nays: Councilman George R. Ferrell, and Councilwoman Meyera E. Oberndorf Absent: Councilman John A. Baum City Council voted to approve the following ordinance upon petition by motion of the Planning Commission of the City of Virginia Beach for a n e @f in District Classification from P-1 Preservation District to R-8 Residen 1-1 Dist i @. ORDINANCE UPON PETITION BY @FOTION OF THE PLANNIliG Z0678356 COMMISSION OF THE CITY OF VIRGINIA BEACI! FOR A CHANGE OF ZONTNG DISTRICT CLASSIFICATION FROM P-1 Preservation District to R-8 Residential District BE IT ORDAINED BY TPE COUNCIL OF THE CITY OF VIRGINIA BEAC11, VIRGINIA, that: Petition by Motion of the Planning Commission of the City of Virginia Beach for a n e of in District Classification from P-1 Preservation District to R-8 Residential D strict )n certain property located on the West side of Holly Avenue beginning at the Western extremity of 63rd Street, running a distance of 80 feet more or less along the West side of Holly Avenue (Eastern boundary of Seashore State Park), running a distance of 110 feet more or less along the Northern propertv line, runn- ing a distance of 70 feet more or less along the Western property line and running a distance of 90 feet more or less along the Southern pro- perty line. Said parcel contains 7500 square feet more or less. Lynnhaven Borough. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of June 1978. 6 / 1 2 / 7 8 .- 4 0 - ITEM #12279 On June 5, 1978, City Council deferred the matter concerning the granting of a waiver by the Planning Commission for curb, gutter, and sidewalks for the subdivision of W. W. Oliver property located off Witchduck Road, in the Bayside Borough. City Council asked the City Attorney for his opinion. The City Attorney stated "that he did not believe the jurisdiction of Council lies to hear it because you would be bound by your own ordinance. I do question the authority and the proprity in the hearing that the Planning Commission went through to determine whether these curbs and gutters should be modified, and I so advise the City Manager that if he may take a position it could be considered null and void and we could go to court on that basis since the Planning Commission did not seem to follow the ordinance in its deliberation." Therefore, Council upheld the granting of a waiver by the Planning Commission for curb, gutter and sidewalks for the Subdivision of W. W. Oliver property located off Witchduck Road, in the Bayside Borough. It was suggested that the City Attorney draft an ordinance making the City Council the recommending body for waivers, etc. ITEM #12280 Mr. H. Calvin Spain, Attorney, represented the applicants On motion by Councilman Griffin, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to approve the following ordinance closing, vacating and discontinuing a twenty-five foot (25') Street or Avenu, located in Lynnhaven Borough in the City of Virginia Beach, Virginia: 6/12/78 - 4 1 - AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A TWENTY-FIVE FOOT (25') STREET OR AVENUE LOCATED IN LYNNHAVEN BOROUGH IN THE CITY OF VIRGINIA BEACH, VIRGINIA. WHEREAS, proper notice that ROGER H. SAWYER and HELEN S. SAWYER, would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described undeveloped twenty-five foot (25') street or avenue closed, vacated and discontinued was duly posted; and WHEREAS, all the owners abutting said street or boulevard have requested the said street or avenue to be closed; and WHEREAS, application was made to the City Planning Commission and to the City Council, and, pursuant to the statutes in such cases made and provided, the Council appointed Viewers who have reported to the Council that no inconvenience to the public or to private individuals would result from such closing, vacatinq and discontinuance; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1: That the said twenty-five foot (25') strip of the below described street or avenue, located in the Lynnhaven Borough of the City of Virginia Beach, Virginia, is hereby closed, vacated and discontinued, said street or avenue not being needed for public use: A portion of that certain undeveloped street or avenue, situate in the Lynnhaven Borough of the City of Virginia Beach, Virginia, 25 feet in width beginning at a point which is the southwest corner of Lot 15, Block K, on that certain plat designated "Lynnhaven Beach, Amended Map of Property of Lynnhaven Beach and Park Co., Princess Anne Co., Va. 1913", which map is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, Part 1, at page 71, @nd from said point of beginning running North 8OU 08' E. a distance of 300.94 feet to a point in the western line of.Urchin Road, thence turning and running South 50 45' E. a distance of 25.06 feet to a point thence turning and running South 800 08' W. a distance of 300.94 feet in the eastern line of Star Fish Road, thence turning and runninq alonq the eastern boundary of Star Fish Road North 50 45' W. a distance of 25.06 feet to the point of beginnina. Said portion of Holly Avenue to be closed is a strip 25.06 feet in width adjacent to the south boundary lines of Lots 15 and 16, Block K, as designated on the above-described plat. 6 1 2 7 8 - 4 2 - Section 2: That thirty (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, Virginia, and indexed in a like manner as a deed of lands, at the expense of the applicants. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of June 1978. JDB/ci 6/7/78 6 / 1 2 / 7 8 - 4 3 - IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN ]UNDEVELOPED STREET KNOWN AS HOLLY AVENUE iBETWEEN STAR FISH ROAD AND URCHIN ROAD, ,AS DESIGNATED UPON THE PLAT OF LYNNHAVEN IBEACH, WHICH PLAT IS OF RECORD IN THE !CLERK'S OFFICE OF THE CIRCUIT COURT OF @THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 5, PART I, AT PAGE 71. 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 Petitioners, Roger H. Sawyer and Helen S. Sawyer, Husband and Wife, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as Amended, the Petitioners apply for the vacating, closing and discontinuance of a portion of that certain undeveloped street or avenue, which is more particularly described as follows: A portion of that certain undeveloped street or avenue, situate in the Lynnhaven Borough of the City of Virginia Beach, Virginia, 25 feet in width beginning at a point which is the southwest corner of Lot 15, Block K, on that certain plat designated "Lynnhaven Beach, Amended Map of Property of Lynnhaven Beach and Park Co., Princess Anne Co., Va. 1913", which map is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, Part 1, at page 71, and from said point of beginning running North 80@ 08' E. a distance of 300.94 ft. to a point in the western line of Urchin Road, thence turning and running South 5' 45' E. a distance of 25.06 ft. to a point thence turning and running South 80@ 08' W. a distance of 300.94 ft. in the eastern line of Star Fish Road, thence turning and running along the eastern boundary of Star Fish Road North 5@ 45' W. a distance of 25.06 ft. to the point of becinning. Said portion of Holly Avenue to be closed is a strip 25.66 ft. in width adjacent to the south boundary lines of Lots 15 and 16, Block K, as designated on the above described plat. 2. That no inconvenience will result to any persons by reason of the said closing, vacation and discontinuance of said street or avenue, heretofore described, and the Petitioners pray that this Honorable Council appoint Viewers as provided by law to view this undeveloped street or avenue proposed to be closed, and to report in writing to the Coucil on or before the 20th day of February, 1978, whether, in the opinion of the said Viewers, any, and if any, what, inconvenience would result from the discontinuance and closing of said KgTT, SPAIN AND LYLE street or avenue heretofore described. ATTORNEYS AT LAW GINIA BEACH, VA. 23a - 4 4 - 3. That on the 20th day of December, 1977, Notices of the presenting of this Application were posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, and on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioners, are the fee simple owners of all land along and adjacent to and affected by said undeveloped street or avenue, and con- sequently, your Petitioners are all the landowners affected by the same. Respectfully submitted, ROGER H. SAWYER and HELEN By rney William R. Wahab, Esq. PICKETT, SPAIN & LYLE 101 N. Lynnhaven Road Post Office Box 2127 Virginia Beach, Virginia 23452 SPAIN AND LYLE EYS AT LAW INIA BEACH, VA. 23452 - 4 5 - ORDINANCE APPOINTING VIEWERS WHEREAS, ROGER H. SAWYER and HELEN S. SAWYER, have Qiven due and iproper Notice, in accordance with the statutes for such cases made and provided, Ithat they will, on the 9th day of January, 1978, apply to the City Council of 'the City of Virginia Beach, Virginia, for the appointment of Viewers to view ithe below described property and report in writing to the Council whether, Iin the opinion of said Viewers, any, and if any, what, inconvenience would I Iresult from the discontinuing of the hereinafter described undeveloped twenty- Ifive (25') foot portion of said street or avenue, and has filed such application i lwith the said Council; Now, Therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That, C. Oral Lambert R,h,,r T q,@t-t- and C.@'g. p Tinnes are hereby appointed to view the below described property and report in writing Ito the Council on or before January 9th, 1978, whether in their opinion any, i iand if any, what inconvenience would result from the discontinuing, closing and vacating of a portion of a certain unimproved twenty-five (25") foot strip of the below described street or avenue, located in the Lynnhaven Borough, of the City of Virginia Beach, Virginia, and more particularly described as follows: A portion of that certain undeveloped street or avenue, situate in the Lynnhaven Borough of the City of Virginia Beach, Virginia, 25 feet in width beginning at a point which is the southwest corner of Lot 15, Block K, on that certain plat designated "Lynn- haven Beach, Amended Map of Property of Lynnhaven Beach and Park Co., Princess Anne Co., Va. 1913", which map is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, Part I, at page 71, and from said point of beginning running North 80' 08' E. a distance of 300.94 ft. to a point in the western line of Urchin Road, thence turning and running South 5@ 45' E. a distance of 25.06 ft. to a point thence turning and running South 80' 08' W. a distance of 300.94 ft. in the eastern line of Star Fish Road, thence turning and running along the eastern boundary of Star Fish Road North 5@ 45' W. a distance of 25.06 ft. to the point of beginning. Said portion of Holly Avenue to be closed is a strip 25.06 ft. in width adjacent to the south boundary lines of Lots 15 and 16, Block K, as designated on the above described plat. KETT, SPAIN AND LYLE NEYS AT LAW BEACH, VA. 23452 ITEM #12281 -46- On motion by Councilman Ferrell, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, J.hn R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to approve the follo,,ing Bingo/Raffle permits: St. Matthews Catholic Church Bingo - Renewal Green Run Clubhouse Bingo/Raffle - Renewal 6 / 1 2 / 7 8 - 4 7 - ITEM #12282 Councilwoman Oberndorf requested Council to consider her suggestion for the preparation of the agenda in sucb a way as to permit the Council Members to have more time before Council meetings to review and study the planning items, and slicli other matte,, that might require review before the Co"lil ha,, to act on them. ITEM #12283 Vice Mayor Standing made a motion, seconded by Co@ncilman Riggs, to direct the Planning Commission to hold a Public hearing for the rec- reational outdoor development and lease of the property, before asking for design bids, of the oid sewerage treatment plant in the Virginia Beach Borough. The recorded vote is as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, Joh. R. Griffin, mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to direct the Pl,,nning Commission to hold a public hearing for the recreational outdoor development and lease of the pro- Perty, before asking for design bids, of the old s,werage treatment plant in the Virginia Beach Borough. ITEM #12284 Mayor liolland stated that at next week's Council meeting he will ask Council's consideration of imposing a moratorium on job positions in the City with salaries of $16,000 or more. ITEM #12285 The City Manager stated that the City received a call from a Mr. Beiler indicating that on July 11, 1978, the Planning Commissio, will hear his application with regards to a double-wid, trailer. Mr. Beiler requested the application be advertised for the Council meeting of July 17th, due to a hardship. There being no opposition to this request, it will be advertised for the July 17, 1978 Council meeting. ITEM #12286 Vice Mayor Standing requested that an ordinance be placed on the Council agenda for next week's Council meeting with regards to Boards and Commissions. The ordinance should state the duties, Directors and terms of office of that particular Board or Commission. ITEM #12287 Councilwoman Oberndorf requested a report from the City Manager with regards to the Leval Green and Indian Lakes drainage problems. Councilman McCoy stated he had received calls from citizens in the Bellamy Manor, Stratford Chase, and Lake Christopher sections of the City regarding drainage problems. ITEM #12288 On motion by Councilman Ferrell, seconded by Councilman McCoy, and by a"mation, the meeting adjourned. City of Virginia Beach, Virginia - June 12, 1978 h