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JANUARY 9, 1978 CITY OF VIRGINIA BEACI MUNICIPAL CENTER -f.@g-At -q-s-,t eity" VIRGINIA BEACH, VIRGINIA 234S6 MAYOR CLARENCE A. HOLI.AND, M.D., B ... id@ B.,@.gh 1, IIENRY M,COY, J,., D.D.S,, K@.p@,ill, B@,..gb VICE MAYOR PATRICK L. STANDING, A@ L..,g, MEYERA E. OBERNDORF, A, L@,g@ JOHN A. BAUM, B.,..,b J. CURTIS PAYNE, P,i.,@@, A@@, B .... gb ROBERT B. CROMWELL, ],, A, L.,g@ ROGER L. RIGGS, Vigi@i. B@.,b B.,..gb GEORGE R. FERRELI,, A, L,,g@ FLOYD E. WATERFIELD, ],., P.@g. B .... gb jOliN R. GRIFFIN, Ly@@b.-@ B .... gb AGENDA l@[CliARD J. WEBBON, Ci@, Cl@lk The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration Building, Princess Ame Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m., on @nday, January 9, 1978, for the purpose of conducting public business and will hear and act upon the following itenis: 1. call to order by the Honorable Clarence A. Holland, Mayor, in the Council Conference RDC)M. 2. Roll Call of the Council. 3. Motion to recess into InforTnal Discussion and Executive Session. Upon conclusion of the Executive Session, City Council will reconvene in the City Council S. 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 remaixi standing for the Pledge of A]-legiance. 5. Rc)ll Call of the Council. 6. minutes of the Regular Meeting of Dec 19, 1977 to be presented for app-1 alnd acceptance. 7. consent Agenda: All matters listedunder the Consent Agenda are considered to be routine bY the CitY Council and will be enacted by one mtion in the form listed. There will be no sep-ate discussion of these itexw. If discussion is desired, that item will be remved from the consent agenda and considered separately. a. Letter from the City Manager rec@ded that City Council adopt an ordinance to appropriate funds for the assmption by the City o@' all City @loyees' retir@t msts: General Fund $645,000 Water & Sewer Fund 95,000 Total Transfer $740,000 b. Letter from the City @ger re ded that City Council adopt an ordinance to and reordain Sections 22-29, 22-35, 22-36, 22-41, 22-47, 22-54, 22-58, 22-66, 22-85, 22-173, 22-176, 22-195, 22-205, 22-247, 22-259 and 22-263 of the Code of the City of Virginia Beach pertaining to Tnotor vehicles c. Letter f- the City @ger recc)@ding that city Council adopt an ordinance to authorize the acquisition of property in fee siniple for right of way for Windsor Oaks Boulevard Extended and the acquisition of temporary and pe@ent eas @ts of right of way either by agr@t or by condennation. (This is in order to eliminate the traffic problem at the intersection of Princess Anne Poad and Salem Road, it is proposed that Windsor Oaks Boulevard (Naval Housing Entrance) by extended for a short distance-from its present terrunus at Princess Anne Road to Salern Road). d. Loetter from the City Manager rec ing that City Council defer two ordinances for two weeks to allow tim for further investigation regarding ing the @rehensive Zoning Ordinance pertaining tc) side ya-rd setbacks. (Deferred from Dec. 3) e. Letter from the City Manager reco@ding that City Council accept the low bid of shop Unl@ted, in the amunt of $33,534 for the 2nd Precinct Police Building Re- novation Project 3-701, and authorize the City @ager to enter into the necessary agre@ts to inpl@t this project. Funds are available. f- Letter from the City Manager re ding that City Council accept the low bid of Central Builders, Inc., in the amunt of $618,712, for the Atlantic Avenue Waterline, Phase I (Beach Borough), and authorize the City 1,@ger to enter into the necessary agreemnts for the inpl@tation of this project. Funds are available. g. Letter frorn the City Manager reco@ding that City Council appoint viewers in the petition of Rc)ger H. Sawyer and Helen S. Sawyer for the closure of a pc)rtion of Holly Avenue (Lynnhaven Borough) . ii @tter fr(xn the city manager re ding that City Council approve the request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the amunt of $341.85. i. Letter frcm the City Manager rec@ding that City Council approve the following Bi-ngo/Raffle permits: L.adies Auxiliary Fleet Association Unit 166 Bingo Parish Council Church of Ascension Bingo & Raffle Ocean Park Volunteer Fire and Rescue Squad, Inc. Bingo & Raffle 8. Loetter from the City Manager tran@tting the reco@dation of the Planning Coudssion for denial. of the application of Bonney's Corne-r Assc>ciates, a Virginia General Partner- ship, for a change of zoning from R-8 Residential District to B-2 Com=ity-Busi-ness District on a 57-acre parcel located to the northwest of the intersection of Keffpsville Rc)ad and Indian River RoaLd (Kempsville Borough) - 9. Letter frcm the City Manager transndtting the rec@dation of the Planning Co@ssion for approval of the application of David G. Barnes and Charles J. Bunn for a change of zoning frorn R-6 Residential District to R-8 Residential District for a .53 acre parcel lc>cated at the northwest intersection of B Street and Barberton Drive (Lynnhaven Borough). 10. Letter from the City Manager transrutting the reco@dation of the Planning Corrmission for denial of the application of Hutcheson Realty, Inc., for a change of zoning from R-8 Residential District to 0-1 Office District on a .33 acre parcel located on the south side of New Providence Road, east of Beryl Avenue (Keinpsville- Borough). 11. Letter frcm the City Manager transmitting the reco@dation of the Planning Condssion for approval of the application of W. B. Gallup, D. D. Gallup and Wayne Sheffy for a change of zoning from A-1 Apartment District to B-2 C@ity Business District on a 1.9 acre parcel located at the northwest intersection of Oid Virginia Beach Boulevard and Birdneck Road (Lymhaven Borough). 12. Letter frcm the City @ager tran@tting the reco@dation of the Planning Ccnmission for approval of the application of Lassister and Associates, Inc., for a change of zoning from B-1 Business-Residential District to A-1 Apart = t District on a 2.508 acre parcel located north of the intersection of Level Green Boulevard and Drew Drive (Kempsville Borough) 13a. Letter from the City Manager tranmdtting the rec@dation of the Planning Co@ssion for approval of the application of William W. Robertson, Pearl Inez Robertson and Pioneer Stor and Lok, for a change of zoning from 0-1 office District to B-2 Co@ity Business District on a 2.64 acre parcel located on the east side of Holland Road, south of Stone- shore Road (Princess Anne Borough). b. And further, Pioneer Stor and Lok for applied for a conditional use De=dt for =' i-warehouse., 14. Letter from the City Manager transmitting the reocmtendation of the Planning ssion for approval of the application of Hirain L. Overstreet for a conditional use peniit for a bulk storage yard on a 1.92 acre parcel located on the north side of I-andstown Road, east of Princess Ame Road (Princess Arme Borough). 15. Letter from the City Manager transmitting the recontnendation of the Planning Comdssion for approval of the application of the City of Virginia Beach for the establishment of an Historic and Cultural District on a 34.843 acre city @ed parcel located on the south side of Virginia Beach Boulevard, east of Groveland Road (RDse Hall and its surrounding --) (Lynnhav- Borough). 16. Letter frcm the City Manager r g that City Council aup@ve a pa@t of $2.65 per hour to all ent full tim @loyees effective January 1, 1978 in order to equalize their hourly wage with the $2.65 per hour ted by the federal gcyve@t for CETA ewloyees and for @s purpose approve a transfer of $32,500 from the Reserve for Contingencies to the respective salary accounts. 17. Letter fr(xn the City Manager re ing that City Council adopt, on first reading, an ordinance to appropriate funds under the anti-recession fiscal aid prograrn to be received from the Office of Revenue Sharing: Estinated Revenue Thtal From Other Agencies Appropriations Jail $40,550 $40,550 Buildi.ng Maintenance 6,640 6,640 Social Services 3,080 3,080 T50,000 $50,000- 18. Old business, deferred frcin the previous @ting, including -y repc)rt of themayoror ttees named by Council. 19. New business, including any presentations by Council s, Citizens and organizations. 20. Motion for adj t. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA January 9, 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, Princess Anne Borough, January 9, 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. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. 14aterfield, Jr. ITEM #11614 Mayor liolland entertained a motion to permit Council to conduct an informal session to be followed by an executive session for the purpose of discussing the following. Mayor Holland further stated that in the future the City Attorney will be presiding over the Executive Session: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 3. Consultation with legal counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Vice Mayor Standing made a motion, seconded by Councilman Griffin, to go into the executive session, following the informal session, to discuss the above mentioned items. Councilman Baum stated that the General Assembly has left the Council with few matters which can be discussed in the executive session, and requested a full understanding by the Council on what it means to go into an executive session. Councilman Baum further stated he would like to amend the above motion whereby the Council agrees that in executive session, on those matters which are not acted on immediately, the Mayor be authorized to speak to the press on these items. The motion was seconded by Councilman Waterfield. Vice Mayor Standing stated he will accept Councilman Baum's amendment to his motion. Councilwoman Oberndorf stated she is not willing to @ive up her right to representation or the right to answer questions that are presented to her. After considerable discussion, Councilman Baum stated he will withdraw his motion, and Councilman Waterfield withdrew his second. The recorded vote on the original motion is 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 executive session following the informal meeting. 9 / 7 8 - 2 - ITEM #11615 Green Run's Land Use Plan The City Manager stated that some time ago Council discussed the Green Run Land Use Plan. The developers, again, have approached Robert J. Scott, Planning Director, with a request for changes. Mr. Scott stated that when last discussed it was in regards to parcel B3, which has been set aside for apartments. Prior to 1973 there were no real densities set aside for any of these areas because the densities were set through the Use Permit process. The overall number of apartments to be constructed was decreased from 28 to 30 to 16 to 20 units per acre. The developers are now requesting an increase from 16 to 20 units per acre to 28 to 30 units per acre. Vice Mayor Standing requested the developers appear before the Planning Commission before coming before Council. ITEM #11616 Knob Hill Sewer Installation The City Manager stated that the City has a sewer project under construction in the Westwood Village area which is close to $800,000. This sewer installation is to connect to the Knob Hill project which is slated for construction in 1981. However, the City Manager has been notified by Doctor Crawford, Director of the Health Department, that Knob Hill is a health hazard, and has requested that sewer be installed now rather than waiting until 1981. Funds have been set aside for this project. ITEM #11617 Minimum Wage Requirements for CETA Personnel The City Manager stated that placing the weekly employees on a semi-monthly pav peri6d would be an advantage. However, several employees were under the impression that there would be a reduction in pay, and, therefore, came to work but refused to take the trucks out. The City Manager stated he met with the men and tried to explain the matter to them. Someperferred to stay weekly while the otherspreferred to go semi-monthly. At the present time, Council approved last years budget for minimum wage to $2.46. It was minimum wage until January 1 of this year. The City originally had a fiscal year of January I through December 31st, the same as the federal government. The federal government changed their fiscal year to July I through June 30, so the City requested the same change. The federal government has now changed their FY back to January 1 throu@.h December 31. The federal government has stated that as of January 1, 1978 the minimum wage will be $2. 65 instead of $2. 46. The City has a particular problem this year with regards to minimum wage because the federal government pays 100% of the CETA employees salary and benefits. Since these are 100% federal employees, the City has been informed that CETA employees will receive the minimum wage of $2.65 per hour. Consequently, because of this federal law and federal guidelines, the City will have a dichotomy of two employees who may be doing the same work but getting different pay, one being a CETA employee and the other being a City employee. The City Manager recommended that all City employees be brought up to the minimum wage of $2.65 to meet the minimum wage increase of CETA employees. I / 9 / 7 8 - 3 - ITEM #11618 At 2:10 p.m., City Council reconvened in the Council Chambers with the following Members present: George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Members absent: John A. Baum* and Robert B. Cromwell, Jr.** The invocation was given by the City Clerk, Ricbard J. Webbon, followed by the Pledge of Allegiance. ITEM #11619 **Councilman Cromwell entered meeting at 2:15 p.m. On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to approve the minutes of the regular meeting of December 19, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #11620 *Councilman Baum entered meeting at 2:20 p.m. On motion by Vice Mayor Standing, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on first reading the following ordinance to appropriate funds for the assumption by the City of all City Employees' retirement costs: I / 9 / 7 8 4- Requested by: City Manager AN ORDINANCE TO APPROPRIATE FUND$ FOR THE ASSUMPTION BY THE CITY OF ALL CITY EMPLOYEES' RETIREHENT COSTS WHEREAS, the City Council in the FY 1978 budget approved the concept of the City assuming 100% of the retirement costs for City employees, and WHEREAS, funds have been provided in the Reserve for Contingencies for that cost; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT, funds in the amount of $645,000 be transferred from Reserve for Contingencies to Employees' Retirement and Benefits in the General Fund and that funds in the =ount of $95,000 be transferred from Reserve for Contingencies in the Water and Sewer Fu,d t, the ,rresponding employee retirement accounts. FIRST READING January 9, 1978 SECOND READING Adopted by the Council of the City of Virginia Beach on the day of 1977. ITEM #11621 On motion by Vice Mayor Standing, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Geor@e R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Couiicilwoman 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 lollowing ordinance to amend and reordain Sections 22-29, 22-33, 22-116, 22-41, 22-@7, 22--@4, 22-5;,, 22-6@,, 22-e,5, 22-17' 22-176, 22-195, 22-203, 22-247, 22-259 and 22-263 of the Code of the City of Vir@inia 3each, 'Virg:ini-a. oertai-,li-nz tc IVe@,i,les: _io 5 - AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 22-29, 22-35, 22-36, 22-41, 22-47, 22-54, 22-58, 22-66, 22-85, 2Z-173, 22-176, 22-195, 22-205, 22-247, 22-259 AND 22-263 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTt,INING TO MOTOR VEHICLES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA: That Sections 22-29, 22-35, 22-36, 22-41, 22-47, 22-54, 22-58, 22-66, 22-85, 22-173, 22-176, 22-195, 22-205, 22-247, 22-259 and 22-263 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Sec. 22-29. Railroad cars obstructing street or road; standing vehicle on road track. It shall be unlawful for any railroad company, or any receiver or trustee operating a railroad, to obstruct for a longer period than five minutes the free passage on any street or road by standing cars or trains a:@ ross the same, except a passenger train while receiving or discharging passengers, but a passway shall be kept open to allow normal flow of traffic; nor shall it be lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger a moving train; provided that when a train has been uncoupled, so as to make a passway, the time necessarily required, not exceeding three minutes, to pump up the air after the train has been recoupled shall not be included in considering the time such cars or trains were standing across such street or road. Any such railroad company, receiver or trustee, violating any of the provisions of this section shall be fined not less than bne hundred nor more than five hundred dbllars; provided that the fine may be one hundred dollars for each minute beyond the permitted time but the total fin6 shall not exceed five hundred dollars. This gection shall not apply when the train is stopped due to breakdown, mechanital failure or emergency. Sec. 22-35. Reciprocal provisions as to arrest of nonresidents - definitions. As used in sections 22-35 to 22-37: (a) "State"sball mean a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. I / 9 / 7 8 - 6- (b) "Reciprocating State" shall mean any state which by its laws or written agreement with this State extends to residents of Virginia substantially the rights and privileges provided by this article. (c) "Citation" shall mean any citation, sunmons, ticket, or other document issued by an arresting officer for violation of a traffic law, ordinance rule or regulation, ordering the arrested motorist to appear. (d) "License" shall mean any operator's or chauffeur's permit or any other license or permit to operate a motor vehicle issued under the laws of a reciprocating state including: (1) Any teinporary or learner's permit; (2) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and (3) Any nonresident's operating privilege conferred upon a non- resident of a state pertaining to the operation by such person of a motor vehicle in such state. (e) "Collateral" or "Bond" shall mean any cash or other security deposited to secure an appearance for trial following a citation by an arresting officer for violation of a traffic law, ordinance, rule or regulation. (f) "Personal recognizance" shall mean a signed agreement by an arrested motorist that he will comply with the terms of the citation served upon him at the time of arrest. (g) "Nonresident" refers only to a person who is a resident of or holds an operator's or chauffeur's license issued by a reciprocating state. Sec. 22-36. Saine - Issuance of citation to resident of reciprocating state; officer to report noncompliance with citation. (a) Notwithstanding the provisions of clause (3) of section 22-34, a police officer making an arrest for a traffic violation shall issue a citation as appro- priate to any motorist who is a resident of or holds a license issued by a reciprocating state and shall not, subject to the exceptions noted in paragraph (b) of this section, require such motorist to post collateral or bond to secure appearance for trial, but shall accept such motorist's personal recognizance -2- 1/9/78 - 7 - that he will comply with the terms of such citation; provided, however, that a person so arrested shall have the right upon his request to post collateral or bond in a manner provided by law and, in such case, the provisions of sections 22-35 to 22-37 shall not apply. (b) No motorist shall be entitled to receive a citation under the terms of paragraph (a) of this section nor shall any police officer issue such citation under the same in the event the offense for which the citation be issued shall be one of the following: (1) An offense for which the issuance of a citation in lieu of a hearing or the posting of collateral or bond is prohibited by the laws of this state; or (2) An offense, the conviction of or the forfeiture of collateral for which requires the revocation of the motorist's license. (c) Upon the failure of any nonresident to comply with the terms of a traffic citation, the arresting officer may obtain a warrant for arrest and shall report this fact to the Division of Motor Vehicles. Such report shall clearly identify the person arrested; describe the violation, specifying the section of the statute, code or ordinance violated; shall indicate the location of the offense, give description of vehicle involved, and show the registration or license number of the vehcile. Such report shall be signed by the arresting officer. Sec. 22-41. Signals by lights or semaphores. Signals by lights or semaphores shall be as follows: (a) Red indicates that traffic then moving shall stop and remain stopped as long as the red signal is shown, except in the direction indicated by a lighted green arrow; provided, however, that except where a sign is placed prohibiting turn8 on red, vehicular traffic facing a st6ady red signal may, after com-ing to a full stop, cautiously enter the intersection to make a right turn or left turn if the turn is made from a highway wbich allows for traffic in but one direc- tion into a highway which allows for traffic in but one direction and after making such left turn the turning- traffic will be going in that direction. Such turning traffic shall yield the right-of-way to pedestrians lawfully within an -3- 1 / 9 / 7 8 - 8 - adjacent crosswalk and to other traffic using the intersection. Green indicates the traffic shall then move in the direction of the signal and remain in motion as long as the green signal is given, except that such traffic shall yield to other vehicles and pedestrians lawfully within the intersection. (b) Amber indicates that a change is about to be made in the direction of the moving of traffic. When the amber signal is shown, traffic which has not already entered the intersection, including the crosswalks, shall stop if it is not reasonably safe to continue, but that which has already entered the inter- section shall continue to move until the intersection has been entirely cleared. The amber signal is a warning that the red signal is imminent. (c) The use of a flashing red indicates that traffic shall stop before entering an intersection and the use of a flashing amber indicates that traffic may proceed through the intersection or past such signal with teasonable care under the circumstances. (d) Officers of the law and unifomed school crossing guardSS may assume control of traffic otherwise controlled by lights or semaphores and in such event signals by such officers and uniformed crossing guards shall take precedence over such lights or semaphores. (e) Members of any fire department or any rescue squad when on duty may activate electric traffic control signals when such control signals are specifically authorized by the Stat6 Highway and Trdnsp6rtation ComnLigsidnat or the City Manaker. Sec. 22-47. Attachment and display of state license plates generally. It shall be unlawful for any person to operate, or for the owner thereof to knowingly permit the operation of, upon a highway or street of the city, any motor vehicle,trailer or semitrailer without having displayed thereon the license plate or plates assigned thereto by the state motor vehicle divsion for the current registra- tion year, whenever such license plate or plates are required by state law. License plates assigned to a motor vehicle, other than a motorcycle, road tractor, tractor truck, trailer or semitrailer, or to persons licensed as motor -4- 1 / 9 / 7 8 - 9 - vehicle dealer8, of uhladen vehitles, shall be attached to such motor vehidle, one in fr6nt and the 6thet in the rear. The lidense plate assigned to a , trailer or semitrailer 8hall be attathed to the rear th6re0f. The license plate agsigned to a road tractot or trattot trutk ghall bo attached to the front th&teof. The litense olates i88ued tb litensed motot vehicle dealers And t6 petg6ns licensed a8 ttAnsp6tters of unladen vehitles shall tongist of one pldte for each set issted and shall be attathed to the tear of the vehicle to which it is as8iRned. D6dals shall be attached to license plates in such manner as may be ptesctibed by the tommigsioner. Every such license plate shall be securely fastened to the motor vehicle, trailer or semitrailer to which it is assigned so as to prev6nt the plate from swinging in a position to be clearly visible and in a condition to be clearly legible. Sec. 22-54. Prohibited operation related to the operation of certain vehciles not designed for transportation of passengers; checking on weights. (a) It shall be unlawful for any person to operate or permit the operation of any motor vehicle, trailer or semitrailer for which the fee for registration and license plates is prescribed by the Code of Virginia, Section 46.1-154 on any highway of this City, under any of the following circumstances: (1) Without first having paid the registration and license Olate fee hereinbefore prescribed. (2) If, at the time of such operation, the gross weight of the vehicle, or of the combination of vehicles of which it is a part, is in excess of the gross weight on the basis of which it is registered and licensed@ pro- vided, that in any tase wbere a pitkup ttudk is used in tombinatibn with anbther vehidle, op6tation shall b6 unlawful only if the combined gross weight exceeds the combined gross weight on the basis of which each vehicle is registered and licensed. (b) Any officer authorized to enforce the motor vehicles laws, having reason to believe that the gross weight of any motor vehi6le, trailer or semi- trailer being operated on any highway of this city exceeds that on the basis of -5- 1 / 9 / 7 8 -10- which such vehicle is registered and licensed, is authorizp-d to we,igh the- same by such means as the city manager may prescribe and the operator, or othe-r person in possession of such vehicle, shall permit such weighing whenever requested by such officer. (c) Any person who violates any provision of this section or who operates or permits the operation of a trailer or semitrailer designed for the use of human beings as living quarters, upon the highways of this city without having first paid to the commissioner the fee prescribed in the Code of Virginia, Section 46.1-149(4) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by confinement in jail for not more than six months, or by both such fine and confinement. Sec. 22-58. Operation for hire of certain vehicles displaying not-for-hire plates. If a vehicle of over eighteen thbusand pounds gross weight displaying license plates entitling it to be operated exclusively not-for-hire, is operated for hire, the licensee thereof shall be guilty of a misdemeanor and shall be fined an amount not to exceed one hundred dollars, which penalty shall be in addition to the penalty prescribed by section 22-54. Sec. 22-66. Disposition of surrendered licenses upon conviction requiring revocation or suspension. In any case in which the accused is convicted of an offense, upon the conviction of which the law requires or permits revocation or suspension of the operator's or chauffeur's license of the person so convicted, the 6ourt shall order the surrender of such license, which shall remain in the custocly of the court during the period of such revocation or suspension if such period does not exceed thirty days or: (a) If tuch petiod exteedg thirty days, until the tinle allowed by law for appeal has elapsed, when it shall be forwarded to the commissioner; or (b) Until an appeal is eff6cted and ot6Ver bbnd pogted, at which time it shall be rdtutfted tb the actused. The otbvisibng of thig gection have no -6- 9 / 7 8 - I I - application tO the gusperision of a license by the court pending payment of fine as petulitted by S6ttion 46.1-423.3 of the Cbde bf Vitginia. Provided that wh&n the time of suspension or revocation coincides, or approximately coincides, with the appeal time, the court may retain the license and return the same to the accused upon the expiration of suspension or revocation. Sec. 22-85. Presumptions from alcoholic content of blood. In any prosecution for a violation of section 22-84, the amount of alcohol in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused's blood or breath to determine the alcoholic content of his blood in accordance with the provisions of section 22-84.2 shall give rise to the following rebuttable presumptions: (1) If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused's blood, it shall be presumed that the accused was not under the influence of alcoholic intoxicants; (2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight by volume of alcohol in the accused's blood, such facts shall not give rise to any presumption that the accused was or was not under the infl-uence of alcoholic iritoxicants, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused; (3) If there was at that time 0.10 percent ot more by weight by volume of alcohol in the accused's blood, it shall be presumed that the accused was under the influence of alcoholic intoxicants. Sec. 22-173. Dimension or marker lights - Generally. (a) All motor vehicles, trailers, or semitrailers exceeding seven feet in width or the widest portion of which extends four inches beyond the front fender extremes shall be equipped with lamps mounted at the extreme right-and left-hand front top corners of such vehicle, ea6h 6f which lamps shall be 6apable 6f projecting an amber light visible in clear weather for a distance of at leagt five hundred feet to the front of such vehicle, and shall be equipped with lamps mounted at the extreme right-and left-hand rear top corners of such vehicle, -7- 1 / 9 / 7 8 - 1 2 - each of which lights shall be capable 6f projecting a red light visible in clear weather for a distance of at least five hundred feet to the tear of such vehicle; provided, however, that any tractor truck need not be equipped with rear red dimension or marker lamps. If the front or the rear of such vehicle shall not be the widest portion of such vehicle, the dimension or marker lights required in this section shall be mounted on the widest portions of the vehicle with the amber l.ights herein required visible from the front as herein required and the red lights herein required visible from the rear as herein required. The lamps berein required shall be of a type that has been approved by the Superintendent. (b) In addition to the lamps required herein, each such vehicle shall be equipped with amber relectors located on the side thereof, at or near the front. Red reflectors shall be used on the rear of each such vehicle. Such reflectors shall be securely fastened to the vehicle not less than twenty-four inches and not more than sixty inches from the ground, provided that in the case of a vehicle which is less than twenty-four inches in height such reflectors shall be securely fastened thereto at the highest point the structure of a vehicle will permit. The reflectors required herein shall be of a type that have been approved by the Superintendent. (c) If any vehicle is so constructed as to make compliance with the require- ments of this section impractical, the lamps and reflectors required hetein shall be placed on the vehicle in accordance with the Superintendent's regulations; however, the requirement of reflectors shall not apply to school buses unless used during the time that lights are required under section 22-177. (d) If any vehicle required by this section to be equipped with dimensions or marker lights has installed on its rear, as close as practicable to the top of the vehicle and as close as practicable to the vertical centerline of tbe vehicle, three red identification lamps of a type approved by the Superintendent with the lamp centers spaced not less than six inches or more than twelve inches apart, the rear dimension or marker lamps may be mounted at any height but ulust indicate as nearly as practicable the extreme width of tbe vehicle. 1 / 9 / 7 8 -1 3- Sec. 22-176. Other permissible lights; police and fire department vehicles, emergency vehicles, etc. Any motor vehicle may be equipped with not to exceed two fog lamps, one passing lamp, one driving lamp, two side lamps of not more than six candle- power; interior light of not more than fifteen candlepower; vacant or destination signs on vehicles operated as public carriers, and signal lamps. Only those vehicles listed in paragraph (a) of section 46.1-226 and para- graph (a) of section 46.1-267 of the Code of Virginia and school buses may be equipped with flashing, blinking or alternating red emergency lights of a type approved by the Superintendent. Vehicles used for the principal purpose of towing or servicing disabled vehicles or in constructing, maintaining and repairing highways or utilities on or along public highways, vehicles used for the principal purpose of removing hazardous or polluting substances from State waters and drain.age areas on or along public highways for use only when performing such duties and hi-rail vehicles may be equipped with flashing, blinking or alternating amber warning lights of a type approved by the Superintendent, but such lights on hi-rail vehicles shall be activated only when such vehicles are operated on railroad rails. (a) A member of any fire department, volunteer fire company or volunteer rescue squad may equip one vehicle owned by him with n6 more than two flashinr or steady-butning red lights of a type approved by the Superintendent, for use by him only in answering emergency calls. Any person violating the provisions of this section shall be guilty of a misdemeanor. (b) Blue lights, steady or flashing, of a type approved by the Superin- tendent shall be reserved for civil defense vehi6les, publicly or privately owned. No motor vehicle shall be operated on any highway which is equipped with any lighting device other than lamps required or permitted in this article, required or approved by the Superintendent or required by the federal Depart- ment of Transportation. -9- 1 / 9 / 7 8 - 1 4 - Sec. 22-195. Warning devices on schobl buses; use thereof. (a) Every bus used for the principal purpose of transporting school children shall be equipped with a warning device of such type as may be pre- scribed by the State Board after consultation with the Superintendent of State Police. Such a warning device shall indicate when such bus is stopped, is about to stop, and when it is taking on or discharging children, elddtlyl mentally or physically handicapped pergons. Such warning device shall be used and in operation for a distance of not less than one hundred feet before any proposed stop of such bus, if the lawful speed limit is less than thirty-five miles pe-r hour, and for a distance of at least two hundred feet before any proposed stop of such bus if the lawful speed limit is thirty-five miles per hour or more. (a-1) Failure of warning device to function on any school bus shall not relieve any person operating a motor vehicle from his duty to stop as provided in section 22-90. (b) Any person operating such bus who fails or refuses to equip such vehicle being driven by him with such equipment, or who fails to use such warning devices in the operation of such vehicle shall be guilty of a ulisdemeanor, and shall on conviction be fined not less than five dollars nor more than twenty- five dollars. Sec. 22-205. Cleats, etc., on tires, chains. No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or spike or any other protuberance of any material other than rubber whicb projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery having protuberances which will not injure the highway and to use tire chains of reasonable proportions when required for safety because of suow, ice or other conditions tending to cause a vehicle to slide or skid. It shall also be permissible to use upon any vehicle, whose gross weight does not exceed ten thousand pounds, tires with studs which project not more than one sixteenth of an inch beyond the tread of the traction surface of the tire when compressed and which cover not mare than three per6ent of the traction surface of the tire. -10- 9 / 7 8 - 15 - The use of such studded tires shall be permissible from October 15, 1977, to April 15, 1978. Sec. 22-247. Right-of-way of pedestrians. The driver of any vehicle upon a highway or str6et shall yield the right- of-way to a ped6strian crossing such highway ot stteet within any clearly marked crosswalk, whether at mid-block or at the end of any block, or any regular pedestrian crossing included in the prolongation of the late-ral boundary lines of the adjacent sidewalk at the end of a block, or at any intersection when the drivet i8 approathing on a highway or street wh6r6 the legal maximum 8peed does not.exteed thirty-five m-iles per hour except at intersections or ct6sswalks where the movement of traffic is being regulated by traffic officers or traffic direction devices where the driver ghall yield according to the dir6ction of the traffit officer or device. No pedestrian shall enter or cross an intersection in disregard of approach- ing traffic. The drivers of vehicles entering, crossing or turning at intersections shall change their course, slow down or come to a complete stop if necesgary to permit pedestrians to cross sucb intersection safely and expeditiously. Pedestrians crossing highways or streets at intersections shall at all times have the right-of-way over vebicles making turns into the highways or streets being crossed by the pedestrians. Sec. 22-259. Duty of driver to stop, etc., in event of accident; duty of occupant; reports additional to other accident reports required by this article. (a) The driver of any vehicle involved in an accident in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic and report forthwith to the police authority, and in addition, to the person whose property was struck if such person appears to be capable of understanding and retaining the information or some other occupant of the vehicle collided with or the cus- todian of other damaged property, report his name, address, operator's or chauffeur's license number and the kegistration number of his vehicle. -11- 9 / 7 8 - 1 6 - Wh6ie; as a te6ult of injuties sugtdined in the Actident, the dtivet is prevented from compl@ing with the above provisions, the driver shall, as soon as reasbnably pb86ible; make the regiiited report to the police authority and make a teasbnable effort t6 16cate th& p6tSSon gttudk, ot th6 driver ot some 6thet octu- pant dbllided with, or the cust6dian of the ddmaked oropetty and repbrt td sucb petson ot petgons his name, addt6ss, boetAt6r's ot thauffeut'g lidense number and th& tekisttation number of his v6hidle. (b) If the driver fails to stop and make the report required by paragraph (a) of thig section, any person in the vehicle with the driver at the time of the accident who has kncywledge of the accident shall report within twenty-four hours from the time of the accident to the chief of police of the City, his name, address and such othet information within his knowledge as the driver must report pursuant to paragraph (a) of this section. (c) The driver of any vehicle involved in an accident in which no person is killed or injured but in which an unattended vehicle or other unattended property is damaged shall make a reasonable effort to find the owner or custo- dian of such property and shall report to the owner or custodian the inf6rmation which the driver must report pursuant to paragraph (a) of this section if such owner or custodian is found. If the owner or custodian of such damaged vehicle or property cannot be found, the driver shall leave a note in a conspicuous place at the scene of the accident and shall report the accident in writing within twenty-four hours to the chief of police. Such note and written report shall contain the information which the driver must report pursuant to paragraph (a) of this section and such written report shall state in addition the date, time and place of the accident and the driver's esti:mate of the property damage. Wli6re, ag a result of ijftjuries suatained in the accident, the driver is pravented from complying with the above provisions, the driver thall, ag goon as reasonably possible, make the required report to the chief of police and make a rea8onabl6 effort to find the ovner or custodian of the unattended vehicle or property and report to such persori or pergons such informtion as is required to be reported put8uant to Varagraph (a) of thig gettion. -12- 9 / 7 8 - 1 7 - (d) If the driver fails to stop and make a reasonable seatch for the owner or custodian of an unattended vehi6le or property or to lea-ve a note for such owner or custodian as required by paragraph (c) of this section, any person in the vehicle with the driver at the time 6f the accident who has knowledge of the accident shall report within twenty-four hours from the time of the accident to the chief of police, his name, address and such 6ther facts within his knowledge as are required by paragraph (c) of this section to be rep6rted by the driver. (e) The reports required by this section are in addition to other accident reports required by this chapter or state law and shall be made irrespective of of the amount of property damage involved. (f) The provisions of this section shall apply irrespective of whether such accident occurs on the public streets or highways or on private property. Sec. 22-263. Report by officer investigating accident. Every police officer who in the course of duty investigates a motor vehicle accident of which report must be made, either at the time of and at the scene of the accident, or thereafter and elsewhere, by interviewing participants or wit- nesses shall, within twenty-four hours after completing the investigation, forward a written report of the accident to the police department and Division of Motor Vehicles. Such report ghall include the name or names of the ingurance Cartiet or of the ingurance Agent of th6 attomobile lidbility policy on.each vehicle invblved in 8uch accident. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th clay of January_ 1977. DHY/cj 11/30/77 -13- 1 / 9 / 7 8 ITEM #11622 -i8- On motion by Vice Mayor Standing, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. llenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. i4ays: None Absent: None City Council voted to approve the following ordinance to authorize the acquisition of property in fee simple for right-of-way for Windsor Oaks Boulevard Extended and the acquisition of temporary and permanent easements of right-of-way either by agreement or by condemnation: AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR WINDSOR OAKS BOULEVA-RD EXTE-NDED AND THE ACQUISITION OF TEAIIT-)ORARY AND PER@IANENT EASEMENTS OF RIGHT OF WAY EITHER BY AGREE- MENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, iiioral and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY -.HE COUNCIL OF THE CITY OF VIRGINIA BI?ACH, VIRGINIA: Section 1. That the City Attorney and/or Assistant City Attorney is hereby authorized and directed to acqtiire by purchase or condem- nation pursuant to Section 15.1-2-36 et seq. and Section 33-59 et seq. Code of Virginia of 1950, as amended, all that certain real property in fee simple including temporary and permanent easements of rights of way as shown on the Plans entitled, "Plan and Profile of Proposed Construction Windsor Oaks Boulevard Extended from Princess Anne Road to Salem Road." These plans being on file in the Engineering Office, Department of Public Works, Virginia Beach, Virginia. Section 2. The City Attorney and/or Assistant City Attorney is hereby authorized to make or cause to be made in behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having a.n interest in said lands, if refused, the City Attorney and/or Assistant City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adop- tion. 1 9 - On motion by Vice Mayor Standing, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. l@aterfield, Jr. Nays: None Absent: None City Council voted to defer two ordinances amending the Comprehensive Zoning Ordinance pertaining to side yard setbacks. ITEM #11624 The following bids have been recei,ed for the Second Precinct Police Building Renovation Project 3-701: Shop Unlimited $33,534.00 J. W. Milhausen Construction Co. 40,655.00 W. H. Belanga and Associates, Inc. 44,678.00 Whitfield-Cee Construction Co., Inc. 48,300.00 Hardy Construction Corporatibn 55,029.00 Architectural Estimate $43,039.00 On motion by Vice Mayor Standing, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, May.r Clarence A. H,llz,,d, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. St@nding, and Floyd E. Wat@rfield, Jr. Nays: None Absent: None City Council voted to approve the lo, bid of Shop Unlimited, in the amount of $33,534.00 for the Second Precinct Police Building Renovation Project 3-701; and further authorized the City @lanager to enter into the necessary agreements tO implement this project. F,nds are available. ITEM #11625 The following bids have been received for the Atlantic Avenue Waterline, Phase I: Central Builders, Incorporated $618.712.00 A & W Contractors, Incorporated 633,145.00 Engineer's Estimate $600,785.00 On motion by Vice Mayor Standing, seconded by Co,ncilma, MC,y, 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. St,,di,,g, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the low bid of Central Builders, Incorporated, in the amount of $618,712.00 for the Atlanti, Avenue Waterline, Phase I; and further authorizedthe City Manager to enter into the necessary agreements to implement this project. Funds are available. I / 9 / 7 8 m - 2 0 - ITEM #11626 On motion by Vice Mayor Standing, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following ordinance appointing viewers in the matter of the closure of a portion of Holly Avenue in the Lynnhaven Borough; ORDINANCE APPOINTING VIEWERS WHEREAS, ROGER H. SAWYER and HELEN S. SAWYER, have given due and proper Notice, in accordance with the statutes for such cases made and provided, that 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 the below described property and report in iqriting to the Council whether, in the opinion of said.Viewers, any, and if any, what, inconvenience would result from the discontinuing of the hereinafter described undeveloped twenty- five (25') foot portion of said street or avenue, and has filed such application with the said Council; Now, Therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That, C Oral Lambert George E. Tinnes and Robert J. Scott are hereby appointed to view the below described property and report in writing to the Council on or before January 9th, 1978, whether in their opinion any, and if any, what inconvenience would result froni the discontinuing, closing and vacating of a portion of a certain unihiproved 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 froni said point of beginning running North 80' 08' E. a distance of 300.94 ft. to a point in the wes-Lern line of Llrchin 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 2 1 - IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN UNDEVELOPED STREET KNOWN AS HOLLY AVENUE BETWEEN STAR FISH ROAD AND URCHIN ROAD, AS DESIGNATED UPON THE PLAT OF LYNNHAVEN BEACH, 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 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 desio'nated 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. ICKM, SFIAIN AND LYLE street or avenue heretofore described. ATTORNEYS AT LAW ROINIA BEACH, VA. 2345, 2 2 - 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_V i liam R. Wah-ab-I Attorney William R. Wahab, Esq. PICKETT, SPAIN & LYLE 101 N. Lynnhaven Road Post Office Box 2127 Virginia Beach, Virginia 23452 XErr, SPAIN AND LYLE ATfORNEYS Ar LAW .INIA OF.ACH, VA. 23452 l'IL@M lti@162/ - /.3- On motion by Vice Mayor Standing, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following tax refunds in the amount of $341.85: Totaling $ 141685 TYPE TICKET EXO'4EELdL- DATE Iq@ YEAR )F TAX NMLBER TIO'; NO. PAID IENALTY INT. TOTAL 4hisler, William G. 1977 REi 66969 6-9-77 9.00 k. T. & T. Co. of Va. -1977 PSRE 1 6-10-77 6.00 Babalas, Peter X. 1978 RE1/2 2527 10-20-77 65.33 Land Ke=it s.& vivian 1978 RE1/2 37428. 10-17-77 12.18 reatman, Richard W. 1978 RE2/ 71891 10-26-77 115.70.. 12i.18 ?erdue, Samuel J. 1974 RE-1/2 43171 .6-10-74 12-5-74 12.18 2/2 1975 RE1/2 45192 6-10-75 34.41 2/2 12-5-75 34.41 1976 RE1/2 47387 6-10@76 14.55 2/2 12-5-76 14..55 1977 REI 49012 6-9-77 ll.j6 The above abatement(s) totaling .$341.85 were approved by the Council of the city of Virginia Beach of Approved as Richai ity Clerk son, City Attorney ITEM #11628 2 4- On motion by Vice Mayor Standing, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following Bingo/Raffle permits: Ladies' Auxiliary Fleet Reserve Association, Unit 166 Bingo Parish Council, Church of the Ascension Bingo/Raffle Ocean Park Volunteer Fire and Rescue Squad, Incorporated Bingo/Raffle '/9/78 - 2 5 - ITEM #11629 Petition of Bonney'S Assouiatcs, a Virgin 4a General PartnersMip, for a Change of Zoning District Classification from R-8 Residential Distr ct to B-2 Community-Business District on certain property located on the West side of Kempsville Road beginning at a point 220 feet North of Indian River Road, running a distance of 1642.05 feet more or less along the West side of Kempsville Road, running a distance of 330 feet more or less along the West side of Whitehurst Landing Road running a distance of 338.05 feet in a Southwesterly direcion, running a distance of 114.78 feet in a Northerly direction, running a distance of 717.96 feet in a Southwesterly direction, running a distance of 1131 feet in a Southerly direction, running a distance of 1560.89 feet more or less along the North side of Indian River Road, running a distance of 118.71 feet in a Northerly direction, running a distance of 46 feet in an Easterly direction, running a distance of 100 feet in a Northerly direction and running a distance of 199.56 feet in an Easterly direction. Said parcel contains 57 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 8 for the motion and 3 against to deny this request. It was felt that this request is premature and that a sufficient amount of commercial i)roperty exists in the area. The following persons appeared in favor of this proposed zoning change: Douglas Talbot, Talbot and Associates Harvey Lindsey Bruce Challen, Acredale Civic League Arthur Rydell, Homestead Civic League Mr. Robert B. Wilson, United Civic League (Newlight) appeared in opposition. On motion by Councilman McCoy, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R, Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Coijncilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Bonney's Corner Associates, A Virginia General Partnership, for a Change of Zoning RILS- trict Classification from R-8 Residential District to B-2 Commu l@ty-Business District: I / I / 7 @ ORDINANCE UPON PETITION OF BONNEY'S CORNER ASSOCIATES, Z0178297 A VIRGINIA GENERAL PARTNERSHIP, FOR A CHA14GE OF ZOIIING DISTRICT CLASSIFICATION FROM R-8 Residential District TO B-2 Community-Business District. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Bonney's Corner Associates, a Virginia General Partnership, for a Change of Zoning District Classification from R-8 Residential District to B-2 Commun t@Business Distri-ct on certain property located on the West side of Kempsville Road beginnin@. at a point 220 feet North of Indian River Road, runn- ing a distance of 1642.05 feet more or less along the West side of Kempsville Road, running a distance of 330 feet more or less along the West side of Whitehurst Landin- Road, running a distance of 338.05 feet in a Southwesterly direction, runn- ing a distance of 717.96 feet in a Southwesterly direction, running a distance of 1131 feet in a Southerly direction, running a distance of 1560.89 feet more or less along the North side of Indian River Road, running a distance of 118.71 feet in a Northerly direction, running a distance of 46 feet in an Easterly direction, running a distance of 100 feet in a Northerly direction and running a distance of 199.56 feet in an Easterly direction. Said parcel contains 57 acres. Kempsville Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The necessary right-of-way dedication as shown on the highway construction plans for Kempsville and Indian River Roads will be required and an escrow account covering the cost of ri,.ht-of-way improvements to both roads will be required with development. 4. Should the site develop prior to the reconstruction of Kempsville and Indian River Roads, temporary widening of these roadways will be required. 5. The reservation of the necessary right-of-way for the proposed interchange at the intersection of Kempsville and Indian River Roads will be needed. 6. The stormwater runoff from this site is to be limited to the present amount of runoff naturally draining from the undeveloped site. Any increase in the storm water runoff will require par- ticipation in the storm drainage improvements proposed for Kempsville and Indian River Roads. 7. The extension of Masada Drive will be necessitated with development. 8. A 15-foot dedication and a 15-foot reservation along Kempsville Road. 9. A 15-foot dedication and a 15-foot reservation along Whitehurst Landing Road. 10. A 15-foot dedication and a 20-foot reservation along Indian River Road. 11. Automatic signalization is to be installed to ease traffic flow, it should be understood that this will be the responsibility of the developer This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of January 1978. 1 9 / 7 8 - 2 7 - ITEM #11630 Petition of David G. Barnes and Charles J. Bunn for a Change of Zoning District Classification from R-6 Residential District to R-8 Residential District on certain property located at the Northwest intersection of B Street and Barberton Drive, running a distance of 100.94 feet along the West side of Barberton Drive, running a distance of 218.3.9 feet along the Northern property line, running a distance of 127.93 feet along the Western property line and running a distance of 189.88 feet along the North side of B Street. Said parcel contains .53 acre more or less. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administra- tive staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. A 6 inch water main is located at the intersection of Old Virginia Beach Road and Barberton Drive. The necessary extension will be borne by the developer. 'Mr. David Barnes appeared in favor of the request for a zoning change On motion by Councilman Griffin, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of David G. Barnes and Charles J. Bunn for a Change of Zoning District Classification from R-6 Residential District to R-8 ResidenCi-al District- ORDINANCE UPON PETITION OF DAVID G. BARNES @ID CHARLES Z0178298 J. BUNN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 Residential District TO R-8 Residential District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of David G. Barnes and Charles J. Bunn for a Change of Zoning District Classification from R-6 Residential District to R-8 Residentia-1 District on cer- tain property located at the Northwest intersection of B Street and Barberton Drive, running a distance of 100.94 feet along the West side of Barberton Drive, running a distance of 218.39 feet along the Northern property line, running a distance of 127.93 feet along the Western property line and running a distance of 189.88 feet along the North side of B Street. Said parcel contains .53 acre more or less. Lynnhaven Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. A six-inch water main is located at the intersection of Old Virginia Beach Road and Barberton Drive. The necessary extension will be borne by the developer. 3. There are five single-family lots existing on this parcel. It is a condition of this rezoning that the existing lot lines be vacated to avoid creation of nonconforming lots. The parcel may be replatted later to conform to CZO requirements. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineth day of January , 1978 - 2 8- ITEM #11631 Petition of Hutcheson Realty, Inc., for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office District on certain property located on the South side of New Providence Road beginning at a point 270 feet East of Beryl Avenue, running a distance of 92.80 feet alohg the South side of New Providence Road, running a distance of 78.83 feet in a Southerly direction, running a distance of 76.80 feet in a Southwesterly direction, running a distance of 109 feet in a Northwesterly direction, and running a distance of 95 feet in a Northeasterly direction. Said parcel contains .33 acre. (Avalon Hills Area). KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to deny this request. It was felt that the proposed zoning is incompatible with the established residential land use pattern and that approval would initiate and encourage non-residential zoning in this area. Mr. Ray Dizern, Attorney, represeiated the applicant On motion by Councilman McCoy, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., 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. Nays: Councilman George R. Ferrell, and Councilwoman Meyera E. Oberndorf Absent: None City Council voted to approve the following ordinance upon petition of Hutcheson Realty, Inc., for a Chanpe of Zoning District Classification from R-8 Residential to 0-1 Office District: ORDINANCE UPON PETITION OF HUTCHESON REALTY, INC., FOR A Z0178299 C14ANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 Resi- dential District to 0-1 Office District: ,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that; Petition of Hutcheson Realty, Inc., for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office Dist l@ct on ce tain property located on the South side of New Providence Road beginning at a point 270 feet East of Beryl Avenue, running a distance of 92.80 feet along the South side of New Providence Road, running a distance of 78.83 feet in a Southerly direction, running a distance of 76.80 feet in a Southwesterly direction, running a distance of 109 feet in a Northwesterly direction, running a distance of 95 feet in a Northeasterly direction. Said parcel contains .33 acre. (Avalon Hills Area). Kempsville Borough For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A 20-inch water main is located on Providence Road and the necessary extension is to be borne by the developer. 4. Privacy fence and hedging. Curb and gutter is required. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninethday of January 1978. 1 / 9 / 7 8 - 2 9 - ITEM #11632 Petition of W. B. Gallup, D. D. Gallup and Wayne Sheffy for a Change of Zoning District Classification from A-1 Apartment District to B-2 Community- Business District on certain property located at the Northwest intersection of Old Virginia Beach Boulevard and Birdneck Road, running a distance of 394.53 feet along the West side of Birdneck Road, running a distance o-f 175.30 feet along the Northern property line, running a distance of 353.73 feet along the Western property line, running a distance of 164.84 feet along the North side of Old Virginia Beach Boulevard, and running around a curve a distance of 18.33 feet. Said parcel contains 1.9 acres. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request with a modification to 0-1 Office District. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the adminis- trative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The necessary downstream drainage improvements and easements will be required. On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of W. B. Gallup, D. D. Gallup and Wayne Sheffy for a Change of Zoning District Classification from A-1 Apartment District to 0-1 Office District (modified from B-2 Community-Business District): ORDINANCE UPON PETITION OF W. B. GALLUP, D. D. GALLUP Z0178300 AND WAYNE SHEFFY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 Apartment District TO 0-1 Office District (modified from B-2 Community-Business District) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of W. B. Gallup, D. D. Gallup and Wayne Sheffy for a Change of Zoning District Classification from A-1 Apartment District to 0-1 Office Di t@rict (modified from B-2 Commuriity-Business District) on certain property located at the Northwest intersection of Old Virginia Beach Boulevard and Birdneck Road, running a distance of 394.53 feet along the West side of Birdneck Road, running a distance of 175.30 feet along the Northern property line, running a distance of 353.73 feet along the Western property line, running a distance of 164.84 feet along the North side of Old Virginia Beach Boulevard, and running around a curve a distance of 18.33 feet. Said parcel contains 1.9 acres. Lynnhaven Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The necessary downstream drainage improvements and easements will be required. This ordinance shall be effective upon date of adoption. Adopted by the City Council on January 9, 1978 1/9/78 - 30- ITEM #11633 Petition of Lassiter and Associates, Inc., for a Change of Zoning District Classification from B-1 Business-Residential District to A-1 Apartment District on certain property beginning at a point 150 feet North of the intersection of Level Green Boulevard and Drew Drive, running a distance of 375 feet along the Western property line, running a distance of 86 feet along the Northern property line, running a distance of 531.17 feet along the Eastern property line, running a distance of 138.89 feet along the North side of Level Green Boulevard, running a distance of 150 feet more or less in a Northwesterly direction and running a distance of 180 feet more or less in a Westerly direction. Said parcel contains 2.508 acres. (Level Green Area). KEMPSVILLE BOROUG@L. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administra- tive staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The entrance into this proposed development is to align with Percheron Lane. Mr. Richard Browner, Land Planning, represented the applicant 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 approve the following ordinance upon petition of Lassiter and Associates, Inc., for a Change of Zoning District Classification from B-1 Business-Residential District to @A:p-artment District: ORDINANCE LTON PETITION OF LASSITER 'MiD ASSOCIATES, Z0178301 INC., FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM B-1 Business-Residential District TO A-1 Apartment District: BE IT ORDAINED BY THE COU14CIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Lassiter and Associates, Inc., for a Change of Zoning District Classifi- cation from B-1 Business-Residential District to A-1 Apartment District on certain property beginning at a point 150 feet North of the intersection of Level Green Boulevard and Drew Drive, running a distance of 375 feet along the Western property line, running a distance of 86 feet along the Northern property line, running a distance of 531.17 feet along the Eastern property line, running a distance of 138.89 feet along the North side of Level Green Boulevard, running a distance of 150 feet more or les3 in a Northwesterly direction and running a distance of 180 feet more or less in a Westerly direction. Said parcel contains 2,508 acres. (Level Green Area). Kempsville Borough For the information of the applicant, prior to the initiation of the intended use of the land, the followiiie.@ will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The entrance into this proposed development is to align with Percheron Lane. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineth day of January , 1978. ITEM #11634 Petition of William W. Robertson, Pearl Inez Robertson and Pioneer Stor and Lok for a Change of Zoning District Classification from 0-1 Office District to B-2 Community-Business District on certain property located on the East side of Holland Road beginning at a point 730 feet more or less South of Stoneshore Road, running a distance of 177.68 feet along the East side of Holland Road, running a distance of 766.03 feet in a Northeasterly direction, running a distance of 154.77 feet in a Northwesterly direction and running a distance of 696.70 feet in a Southwesterly direction. Said parcel contains 2.64 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recoreded vote of 10 for the motion and 1 against to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the adminis- trative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. A 10 inch water main is available on Stoneshore Road and is to be extended by the developer. 3. A pump station will be necessary. 4. The ditch which is located on the southeastern property line is to be piped with the development. VICE MAYOR STANDING LEFT COUNCIL CRAMBERS Mr. H. Calvin Spain, Attorney, represented the petitioner On motion by Councilman Payne, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to approve the following ordinance tipon petition of William W. Robertson, Pearl Inez Robertson and Pioneer Stor and Lok for a Change of Zoning District Classification from 0-1 Office District to B-2 Community--Busin-ess- District: ORDINANCE UPON PETITION OF WILLIAM W. ROBERTSON, Z01783@)2 PEARL INEZ ROBERTSON AND PIONEER STOR AND LOK FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 Office District to B-2 Community-Business District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, tbat: Petition of William W. Robertson, Pearl Inez Robertson and Pioneer Stor and Lok for aChange of Zoning District Classification from 0-1 Office District to B-2 Community-Business District on certain property located on the East side of Hol.land Road beginning at a point 730 feet more or less South of Stoneshore Road, running a distance of 177.68 feet along tbe East side of Holland Road, running a distance of 766.03 feet in a Northeasterly direction, running a distance of 154.77 feet in a Northwesterly direction and running a distance of 696.70 feet in a Southwesterly direction. Said parcel contains 2.64 acres. Princess Anne Borotigh. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff; 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A pump station will be necessary 4. The ditch which is located on the southeastern property line is to be piped with the development. AclopteG DV Ell- day of uar 1978. 1 9 7 8 ITEM #11635 Application of Pioneer Stor and Lok, a Virginia Limited Partnership, for a Conditional Use Permit for mini-warehouses on certain property located on the East side of Holland Road beginning at a point 730 feet more or less South of Stoneshore Road, running a distance of 177.68 feet along the East side of Holland Road, running a distance of 766.03 feet in a Northeasterly direction, running a distance of 154.77 feet in a Northwesterly direction and running a distance of 696.70 feet in a Southwesterly direction. Said parcel contains 2.64 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the adminis- trative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A pump station will be required. 4. Restroom facilities for employees. 5. Fencing and screening will be required. MAYOR HOLLAND LEFT COLJt4CIL CHAMBERS Mr. H. Calvin Spain, Attorney, represented the applicant On motion by Councilman Payne, 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, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland, and Vice Mayor Patrick L. Standing City Council voted to adopt the following resolution upon application of Pioneer Stor and Lok, a Virginia Limited Partnership, for a Conditional Use Permit for mini-warehouses: RESOLUTION UPON APPLICATION OF PIONEER STOR AND LOK, Z0178303 A VIRGINIA LTMITED PARTNERSHIP FOR A CONDITIONAL USE PERMIT for mini-warehouses BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Pioneer Stor and Lok, a Virginia Limited Partnership, for a Con- ditional Use Permit for mini-warehouses on certain property located on the Tast side of Holland Road beginning at a point 730 feet more or less South of Stone- shore Road, running a distance of 177.68 feet along the East side of Holland Road, running a distance of 766.03 feet in a Northeasterly direction, running a distance of 154.77 feet in a Northwesterly direction and running a distance of 696.70 feet in a Southwesterly direction. Said parcel contains 2.64 acres. Princess Anne Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Restroom facilities for employees. 4. Fencing and screenin@. will be required. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the nineth day of January, 1978. 1 / 9 / 7 8 - 3 3 - ITEM #11636 Application of Hiram L. Overstreet for a Conditional Use Permit for a bulk storage yard on certain property located on the North side of Landstown Road beginning at a point 618.35 feet East of Princess Anne Road, running a distance of 74.40 feet along the North side of Landstown Road, running a distance of 1127.03 feet along the Eastern property line, running a distance of 74.40 feet along the Northern property line and running a distance of 1127.03 feet along Lhe Wester@n property line. Said parcel contains 1.92 acres. PRINCESS ANNE BOROUGli. Planning Cornmission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the adminis- trative staff: 1. Minimal s@ite improvements,to include a gravel surfaced storage area and a paved entrance. 2. City water and sewer. 3. No sale or processing of scrap, salvage, or second-hand material. 4. A fence or wall not less than 6 f-.et in height-shall enclose the storage yard except for ingress and egi@ess openings. MAYOR IIOLLAND RETURNED TO CHAMBERS VICE MAYOR STANDING RETURNED TO CHAMBERS Mr. Thomas C. Broyles, Attorney, represented the applicant On motion by Councilman Payne, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution upon application of Hiram L. Overstreet for a Conditional Use Permit for a bulk storage yard: RESOLUTION UPON APPLICATION OF HIRAM L. OVERSTREET R0178157 FOR A CONDITIONAL USE PERMIT for a bulk storage yard BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Hiram L. Overstreet for a Conditional Use Permit for a bulk storage yard on certain property located on the North side of-Landst-own Road beginnin@ at a point 618.35 feet East of Princess Anne Road, running a distance of 74.40 feet along the North side of Landstown Road, running a distance of 1127.03 along the Eastern property line, running a distance of 74.40 feet along the Northern pro- perty line and running a distance of 1127.03 feet along the Western property line. Said parcel contains 1.92 acres. Princess Anne Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Minimal site improvements, to include a gravel surfaced storage area and a paved entrance. 2. City water and sewer. 3. No sale or processing of scrap, salvage, or second-hand material. 4. A fence or wall not less than 6 feet in height shall enclose the storage yard except for ingress and egress openings. 5. As long as this is a temporary use, permanent improvements will not be necessary, however, if the use becomes permanent, permanent improvements will be required. This resolution shall be effective upon date of adoption. -'4- ITEM #11637 Petition by motion of the Planning Commission of the City of Virginia Beach to establish an Historic and Cultural District on certain property located on the South side of Virginia Beach Boulevard beginning at a point 900 feet more or less East of Groveland Road, running a distance of 946.54 feet along the South side of Virginia Beach Boulevard, running a distance 150.62 feet in a Southerly direction, running a distance of 162.82 feet in an Easterly direction, running a distance of 26.24 feet in a Northerly direction, running a distance of 50.68 feet in a Northeasterly direction, running a distance of 669.3 feet in a Southeasterly direction, running a distance of 1063.7 feet in a Southwesterly direction, running a distance of 698 feet in a Northwesterly direction and running a distance of 1203.78 feet along the Western property line. Said parcel contains 34.843 acres. Plats with more detailed information are available in the Department of Planning. (Princess Anne Plaza-Groveland Park- Belle Haven Areas). LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request. COUNCILMAN CROMWELL LEFT CHA@ERS on motion by Vice @layor Standing, seconded by Councilman Griffin, 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 ilayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council voted to adopt the following resolution upon petition by motion of the Planning Commission of the City of Virginia Beach to establish an Historic and Cultural District: Rl-:SOLUTION UPON PETITION BY MOTION OF THE PLANNING R0178158 COMMISSION OF THE CITY OF VIRGINIA BEACH TO ESTAB- LISH AN HISTORIC AND CNTURAL DISTRICT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition by motion of the Planning Commission of the City of Virginia Beach to establish an Historic and Cultural District on certain property located on the South side of Virginia Beach Boulevard beginning at a point 900 feet more or less East of Groveland Road, running a distance of 946.54 feet along the South side of Virginia Beach Boulevard, running a distance of 150.62 feet in a Southerly direction, running a distance of 162.82 feet in an Easterly direction, running a distance of 26.24 feet in a Northerly direction, running a distance of 50.68 feet in a North- easterly direction, running a distance of 669.3 feet in a Southeasterly direction, running a distance of 1063.7 feet in a Southwesterly direction, runnin- a distance of 698 feet in a Northwesterly direction and running a distance of 1203.78 feet along the Western property line. Said parcel contains 34.843 acres. Plats with more detailed information are available in the Department of Planning. (Princess Anne Plaza-Groveland Park-Belle liaven Areas). Lynnhaven Borough. This resolution shall be effective upon date of adoption. 3 5 - ITEM #11638 COUNCILMAN CROMWELL RETURNED TO CHAMBERS On motion by Councilman Ferrell, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R, Ferzell, 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 appropriate funds for minimum wage equity of City-funded city positions with federally funded city-positions: AN ORDINANCE TO APPROPRIATE FUNDS FOR MINIMUM WAGE EQUITY OF CITY FUNDED CITI POSITIONS WITH FEDERALLY FUNDED CITY POSITIONS WHEREAS, the City pay plan is designed to provide equity of pay with work performed, and WHEREAS, the Congress of the United States increased the mi- nimum wage to $2.65 per hour, and WHEREAS, Federally funded City positions must be compensated according to the effective minimum wage, and WHEREAS, not compensating City funded City positions at the minimum wage would dilute tlie equality of the City pay plan, and WHEREAS, the estimated cost of upgrading those City funded City positions that fall below the minimum wage is $32,500, NOW, THEPEFORE, BE IT ORDAINED BY THE COUNCII, OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $32,500 be appropriated from Reserve for Contingencies to the respective salary accounts in the City's FY1978 Operating Budget. First Reading: January 9, 1978 Seco nd Reading: Adopted by the Council of tlie. City of Virginia Beach on the day of 1978. 1 9 7 8 ITEM #11639 -36- On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L, Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on first reading the following ordinance to appropriate funds under the anti-recession fiscal aid program to be received from the offic, of Revenue Sharing: AN ORDINANCE TO APPROPRIATE FUNDS UNDER THE ANTI-RECESSION FISCAL AID PROGRAM TO BE RECEIVED FROM THE OF- FICE UF REVENUE SliARING WIIERZAS, the City Council is intereSSted in providing needed personnel, supplies, and equipment to tbe citv'S general operating pro- grams, and Wli@-RFAS, the City Manager has idpntified a eed for funds for personnel, supplies, and equipment todle city's general operating pro- grams, and WliERLAS, the Office of Reverlu(-@ Sharing w,*.ll pay the City an estimated Fifty thousand, two huiidred and seventy dollars ($50,270). NOW, -THERF-FORE, BE I-F ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA: That funds available under the Anti-Recession Fiscal Aid Pro- gram be accepted and appropriated as foll.ows: Estimated Revenue Total ir- I-atios Jail @40,550 $40,550 Building maintenance 6,640 6,640 Social Services @3 @Q 3,080 O@270 That the appropriations be financed by $50,270 Estiated Revenue from the 0ffice of Revenue S@,arirtg. First Reading: anuary_9, 1978 Second Reading: Adopted by the Council of tie City of Virginia Beach on the day of 1978. 1 / 97 8 ITEM #i@1640 3 7- On motion by Councilman Ferrell, seconded by Vice Mayor Standing, 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 adopted tbe following resolution regarding Peabody@s Warehouse on 21st Street and Atlantic Avenue: RESOLUTION OF APPRE-CIATIOIL WHEREAS, the owners of Peabody's Warehouse located on the Northeast corner of the intersection of Pacific Avenue and Twenty-First Street in the Virginia Beach Borough have with the consent of the City Council of the City of Virginia Beach renovated and rebuilt a commercial building, which during the course of the years liad become unattractive and drab in appearance, and; WHEREAS, as a demonstration of what can be done by the application of newer materials to promote the aesthetic appearance of commercial establisliments and thus improve the general attractiveness of the City have created a building of unusual quality which is an asset to the community at this point of entrance into our City; NOW, THEREFORE, the City Council does express, by adoption of this resolution, on behalf of the general public, its appreciation to the owners of Peabody's Warehouse for their efforts to beautify the City of Virginia Beach. - 3 8 - ITEM #11641 On December 19, 1977, City Council appointed Mrs. Raymond Breeden, Jr., and Mr. Alan B. Comess to the Mental Health and Mental Retardation Services Board to serve until December 31, 1980, however, the City Clerk read a letter from Mrs. Mary C. Russo, Chairperson, indicating that Mrs. Breeden and Mr. Comess have both served on the Board since 1974 and are precluded by State statute from serving more than six consecutive years. Therefore, the minutes of December 19, 1977 will be corrected to limit the reappointments of Mrs. Breeden and Mr. Comess to January 1, 1980. ITEM #11642 On December 19, 1977, City Council appointed Mr. Guy G. Narter to the Board of Plumbing Examiners. Mr. Narter is no longer employed by the City of Virginia Beach, therefore Vice Mayor Standing made a motion, seconded by Councilman Ferrell, to appoint Mr. F. Thomas Chapman to the Board of Plumbing Examiners for a term of two years, beginning January 1, 1978 and terminating December 31, 1979. The recorded vote is 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 appoint Mr. F. Thomas Chapman to the Board of Plumbing Examiners for a term of two years, beginning January 1, 1978, and terminating December 31, 1979. ITEM #11643 Councilman McCoy asked Vice Mayor Standing what will happen now that the Chesapeake City Council has withdrawn from the Resource Recovery Plan? How will that affect the City of Virginia Beach? Vice Mayor Standing stated that the Authority has passed a resolution, and he has written a letter to the City of Chesapeake asking that they reconsider. However, if they do not reconsider a contingency study has been made in which the Navy has agreed that it is not necessary for Chesapeake to participate towards the project. ITEM #11644 Mayor Holland stated that on January 27 and 28, 1978, the Hampton Roads Areawide Legislative Committee will meet with the members of the House of Delegates and Senate for a tour of the Newport News-Hampton area, and the City of Virginia Beach. There will be a dinner for the Council and Legislators on January 28, 19 78. ITEM #11645 Mayor Holland stated he was pleased to see in the first paper of 1978, an article on the City of Virginia Beach with regards to the City's formation 15 years ago. I / 9 / 7 8 - 3 9 - ITEM #11646 On motion by Councilman Ferrell, seconded by Vice Mayor Standing, 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 recess into executive session to be followed by adjournment. ITEM #11647 Upon conclusion of the matters under executive consideration as permitted by the Freedom of Information Act of the Coinmonwealth of Virginia, the meeting was called to order by Mayor Holland and was adjourned by acclamation at 5:30 p.m. '124), @41,Cl I -- Richard J.7 bbon, City Clerk Mayor Clarence A.'Holland, M.D. City of Virginia Beach, Virginia January 9, 1978 h I / 9 / 7 8