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HomeMy WebLinkAboutMAY 12, 1980 MINUTES CITY OF VIRGINIA BEACI MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., B.y,id. B@,..gb VICE MAYOR 1. HENRY M,COY JR., D.D.S., K@.p,@ill@ B@,..gh DONAL.D W. MERRICK, Ly-h.@@@ B .... gh JOHN A. BAUM, B.,..gh MEYERA E. OBERNDORF, A, L.,g@ F. REID ERVIN, A, L.,g, J. CURTIS PAYNE, P,i.,@@, A@.@ B.,..gb GEORGE R. FERRELL, A, L.,g@ ROGER L. RIGGS, Vi,gi.i. B@.,h B@,..gh BARBARA M. HENLEY, P@.g. B.@.gb RUTH HODGES SMITH, City Cl@,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: MONDAY, 12 MAY 1980 1:00 p.m. A. CALL TO ORDER - MAYOR PATRICK L. STANDING B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. WHRO-TV Capital Improvements Program: Discussion of City's proposed contribution to be shared with School Board. 2. Virby Realty Conditional Use Permit for Outside Storage: Discussion of request for simultaneous advertising. 3. Leslie Mae Gimbert Change of Zoning: Discussion of request simultaneous advertising. 4. Tate, Manning, and Kellam Change of Zoning: Discussion of request for simultaneous advertising. 5. Lease Agreement with Croatan Beach Corporation for property adjacent to Erosion Commission which is used as a parking lot during the summer: Discussion of proposed lease and improvements. ITEM II FORMAL SESSION: MONDAY, 14 MAY 1980 - 2:00 p.m. A. INVOCATION - Reverend Sidney Nelson Saint Timothy Lutheran Church B. PLEDGE OF ALLEGIANCE C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 5 May 1980. ITEM II E. PRESENTATIONS 1. Presentation to the Mayor by Mrs. Francis Musick, Chairman, Virginia Beach Arts and Humanities Commission. F. PROCLAMATIONS 1. Proclamation proclaiming May 11-17, 1980 as National Police Week in Virginia Beach and proclaiming May 15, 1980 as Police Memorial Day. 2. Proclamation proclaiming May 10-16, 1980 as Municipal Clerk's Week. G. RESOLUTIONS 1. Resolution of Appreciation to the Tidewater Four Wheelers, Inc., for assistance rendered to the City of Virginia Beach during the second "storm of the century". 2. Resolution of Appreciation to Company A of the Fourth Assualt Amphibian Battalion, Fourth Marine Division, FMF, USMCR, for assistance rendered to the City of Virginia Beach during the second "storm of the century". 3. Resolution of Commendation to the City of Virginia Beach and the Department of Parks and Recreation for recreational activities which are provided for handicapped individuals - presented by the Mayor's Committee on Handicapped. 4. Resolutibn presented to Mrs. Eileen Keating Ayvazian honoring her award as the City of Virginia Beach's "1980 First Citizen". 5. Resolution requesting the Virginia Commission of Outdoor Recrea- tion to recommend to the Virginia State Highway and Transporta- tion Commission that recreational access and bikeway funds be allocated for a bikeway to serve False Cape Park. H. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Request of Rose Hall Associates for a 120-day extension of time to obtain acceptable financing for the proposed development of the Rose Hall property. ITEM II H. CONSENT AGENDA (continued) 2. Ordinance to amend and reordain Section 6-13 (e) (6) of the Code of the City of Virginia Beach pertaining to the landing, launching, parking and stationing of certain vessels on City beaches. 3. Ordinance to authorize the acquisition of property in fee simple for right-of-way for the intersection of Princess Anne Road and Holland Road, and the acquisition of temporary and permanent easements of right-of-way, either by acquisition or by condemnation. 4. Bingo Permits: Timberlake Conimunity Associates Bingo 5. Request of the City Treasurer for tax refunds in the amount of $1,701.62. PLANNING ITEMS 1. DEFERRED ITEMS a. Deferred for one week on April 28, 1980 and for an additional week on May 5, 1980. Ordinance to amend and reordain Article 5, Section 582 of the CZO pertaining to rear yard setback in the R-9 Residential Townhouse District; AND, an Ordinance to amend and reordain Article 6, Sections 602 and 613 of the CZO pertaining to rear yard setb@cks in the A-1 and A-2 Apartment Districts. 1. Letter from the City Manager transmits the recommendation of the Planning Comiqission for approval. b. Deferred for 90 days on February 11, 1980. Application of Sandbridge Road Enterprises for a conditional use permit to construct 120 duplexes and a conditional use permit for a golf course on a 240-acre parcel located on the east side of Atwoodtown Road, east of the intersection with Lotus Drive (Princess Anne Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for denial for the request for the 120 duplexes and approval of the request for a golf course. ITEM II I. PLANNING ITEMS (continued) 1. DEFERRED ITEMS C. Deferred for two weeks on February 25, 1980 and for an additional 60 days on March 10, 1980. Application of Linda Mah Ark, Rita Mah Whalen, Anna Ho Mah, and Nancy Eng Mah for a change of zoning from AG-1 Agricul- tural District to B-2 Community-Business District on a 10.18-acre parcel located on the west side of Oceana Boule- vard, north of Dam Neck Road (Princess Anne Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. d. Deferred for two weeks on April 28, 1980. Application of Russell E. Simpson, Jr. for a change of zoning from R-5 Residential District to B-2 Community-Business Dis- trict on a .57-acre parcel located at the southeast inter- section of Princess Anne Road and Downey Drive (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. e. Deferred for two weeks on April 28, 1980. Application of Jack I. and Lynn H. Cherin for a change of zoning from R-5 Residential District to 0-1 Office District on a .313 acre parcel located at the southwest corner of Princess Anne Road and Forest Street (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 2. NEW APPLICATIONS a. Application of Sandbridge Road Enterprises for a change of zoning from AG-1 Agricultural District to R-8 Residential District on a 100-acre parcel located east of Atwoodtown Road, north of Sandbridge Road (Princess Anne Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM II I. PLANNING ITEMS (continued) 2. NEW APPLICATIONS b. Application of Herbert D. and Mary H. Smith, The South- land Corporation, for a conditional use permit for a self-service gasoline service station on a .913 acre parcel located on the north side of Potters Road, west of London Bridge Road (Lynnhaven Borough). These gaso- line pumps are to be in conjunction with a 7-11. 1. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for denial. c. Application of North Landing Development Corporation for a conditional use permit for one-family detached dwellings on a 68.57-acre parcel located on the west side of North Landing Road, south of Indian River Road (Princess Anne Borough). 1. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for approval. d. Application of Plastic Surgery Center and Thomas C. Broyles for a conditional use permit for a service station on a .706-acre parcel located at the southeast intersection of General Booth Boulevard and South Birdneck Road (Princess Anne Borough). 1. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for approval. e. Application of Plastic Surgery Center and Thomas C. Broyles for a change of zoning from R-8 Residential District to B-2 Community-Business District on a .206-acre parcel located on the south side of South Birdneck Road, east of General Booth Boulevard. (Princess Anne Borough) 1. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for approval. 3. SUBDIVISION VARIANCE a. Application of Robert W. Waddell, M. D., requesting a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the CZO. He wishes to subdivide a 2.13-acre site, located on the west side of Channel Points Lane at the terminus of Adam Keeling Road, into two lots. 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM II J. ORDINANCES 1. PLANNING a. Application of Robert Beasley for an Ordinance to authorize a temporary encroachment into a portion of a 15' alley and Vanderbilt Avenue located in Croatan Beach. b. Application of Edward G. Carson & Associates, Inc., on behalf of Beach Mall Associates, for an Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of 14th Street and 15th Street. 2. APPROPRIATIONS a. Second Readings 1. Ordinance making appropriations for the Fiscal Year beginning July 1, 1980 and ending June 30, 1981, in the sum of Two Hundred Two Million, Eight Hundred Fifty-Two Thousand, One Hundred Twenty Dollars ($202,852,120) for Operations and Fifty-Seven Million, Seventy-Two Thousand, One Hundred Fifty-Eight Dollars ($57,072,158) in Interfund Transfers and regulating the payment of money out of the City Treasury. 2. Ordinance to appropriate $49,889, on SECOND READING, to charge-off a loan due from the Industrial Develop- ment Authority. b. First Readings 1. Ordinance to accept grants totalling $74,941, on FIRST RFADING, from the Division of Justice and Crime Preven- tion and to appropriate these funds. 2. Ordinance to accept $18,606, on FIRST READING, from the Department of Housing and Urban Development and to appropriate these funds. K. OLD BUSINESS L. NEW BUSINESS M. ADJOURNMENT M I N U - E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 12 May 1980 The Re@.ular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, 12 May 1980 at one o'clock in the afternoon. Council @lembers Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Absent: Roger L. Ri@-gs ITEM #15123 Mayor Standing entertained a mation to permit Council to conduct its INFORMAL SESSION to be followed by an EXFCIJTTVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property). 2. Consultation with legal Counsel and briefing by staff members, consultants, or attorne7s per- taining to actual or potential litigation, or otber legal matters within the jurisdiction of the public body. (Legal Matters). Upon motion by Councilman Hollan(l, seconded by Councilman Baum, City Council voted to proceed into the EXECUTIVE SESSTOtl following the INFORMAL SESSION. Voting: 10 - 0 5/12/80 2 - Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs I N F 0 R M A L S E S S I 0 N ITEM #15124 The City Manager advised Council that on 8 May 1980, the C[ty received the following bids on $9.1 Million of Water a,d Sw,, Revenue Bond Anticipation Notes: Annual Principal Interest Bidder Amount Rate Premium Citizens Trust Bank $ 200,000 6.50% $ - Dominion National Bank $1,100,000 6.49% 25 Dominion National Bank $2,000,000 6.74% 25 Dominion National Bank $2,000,000 6.97% 25 Dominion National Bank $2,000,00o 7.24% 25 Dominion National Bank $2,000,000 7.48% 25 All bids ,ith an interest rate of less than 7.00% ,ere accepted, for a total sale of $5.3 Million. 5/12/80 - 3 - WHRO-TV CAPITAL IMPROVEMENT ITEM #15125 PROGRAM The City Manager advised Council of the request by IQHRO-TV '@liroijgh the Virginia Beach School Board for support in the amount of $27,000 per year for their educational effort in public television. In the School Board budget for this year (1979-80) t-lie conLril,uti<)ti tqas one-half of $ 2 7 , 0 0 0 . In iiext year's budget (1980-81) the School Board did not include the funds for support of public television; however, the budget of the School Board reflects a $6,800 "contribution" for educational public television. EXPEDITION OF ZONTNG AND USE ITEM #15126 PERMIT APPLICATIONS The City Manager advised Council of the request of: Virby Realty Corporation - Conditional Use Permit Leslie Mae Gimbert - Change of Zoning Tate, Manning, and Kellam - Change of Zoning to bave their applications expeditc-d. It was the concensus of Council to place this matter on the FORMAL AGENDA under OLD BUSINESS for further discussion and vote. LEASE AGREEIIENT WITH CROATAN ITEM #15127 BEACH CORPORATION The City Manager advised Council of a Lease Agreement with Croatan Beach Corporation for parking adjacent to the Erosion Commission property (Rudee Inlet). The property is being utilized as pliblic parking at the present time; however, the City has leased this parcel of land and will permit parking, free of char@,e, for day use only. 5/12/80 4 - "OUR OWN" PTIBLICATION TTEM #15128 Vice Mayor McCoy requested information as to when the publication "Our Own" would be placed on the Council Agenda. The City Attorney advised Council the matter will be placed on the Agenda of 19 May 1980. PARKING - CROATAlq BEACH ITEM #15129 Councilman Payne advised Council that vehicular access was being provided to the beach through the City's right-of-way, and requested this this problem was to be controlled. The City Manager advised Council the City was going to improve all of the Oceanfront and rebuild the dunes to an elevation of sixteen (16) feet; and, will provide fencing or sand fencing which will prohibit vehicular access to the beaches. POLICE - OCEANFRONT ITEM itl5l3O Councilwoman Oberndorf advised Council that citizens were concerned regarding the reasons why K-9 dogs were not going to be used for patrolling the Oceanfront during the summer months. Tl,ie City Manal@er advised that to his knowledge K-9 dogs have never been used for patrolling the Oceanfront because of the possibility of a small c.qild being bitten by one of the dogs, HOUSE RESOLTJTION 5200 ITEM #15131 Councilman Holland thanked Council for adopting the City's Resolution opposing House Bill No. 5200. BOARDS AND COMMISSIONS ORDINA@TCE ITEM #15132 Vice Mayor McCo@ asked the Committee if the Boards and Commissions I members that were presently servi-ng are "grandfathered" since the Ordinance adopted 5 May 1980 limits the terms of members? Council advised Vice Mayor McCov the terms of those members who are presently serving on Boards and Commissions are "grandfathere(I". The limitation of terms will be effective onl,, to future appointments. POTTEP,S SANT) FE'TCE TTEM #15133 The City Manager advised Council that Potters Sand Fence was placed on a sandbar and the sand has built up to such an extent the fence cannot be towed or lifted, but rather the sand will have to be removed. He recommended removal of the fence be abandoned until at least Fall 1980 when nature will have removed most of the sand by natliral course. Mr. Hanbury reported no expenses incurred to date and he would like to renegotiate the contract to remove the fence at such time as the work can be done more economically. 5/12/80 5 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Two o'clock in the afternoon Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Mayor Patrick L. Standing Council Members Absent: Roger L. Riggs INVOCATION: Reverend Sidney Nelson, Saint Timothy Lutheran Church. PLEDGE OF ALLEGIANCE M I N U T E S ITEM #15134 Upon motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to APPROVE the following CORRECTION to the minutes of 28 April 1980 - ITEM II-F.2.a (ITEM #15067): Councilman Roger L. Riggs - Nay - Aye Mayor Patrick L. Standing - Aye - Nay Vo t ing: 9 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing 5/12/80 Council Members Voting Nay: .qone Council Members Abstaining: George R. Ferrell Council Members Absent: Roger I,. Ri@.gs M I N U T E S ITEM #15135 Upon motion by Councilman Baum, seconded b, Councilwoman Oberndorf, City Council voted to APPROVE, with a CORREC-ION, the Minutes of the Regular Meeting of 5 May 1980. Item 15110 and Item 15110(a) - "...delete from the budget the $100.00 per month travel allowance for Council Members; and, to exercise the 181/2-cents per them mile (the same allowance as applicable to City Employees), as adopted by the City and State. Voting: 10 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. CUrtis Payne, Mayor Patrick L. Standing Council Members Voting Nay: None 5/12/80 7 - Council Meinbers Absent: Roger L. Ri-gs P R F S E N T A T T 0 N (ITEM II-E.1) ITEM #15136 Mrs. Frances D. Musick, Chairman, Virginia Beach Arts and Humanities Commission, appeared before Council and presented to the Mayor a Letter of Intent in which the Commission promises to pay the amount of $10,000 to be applied to the purchase price of one Steinway Concert Grand Piano for the Pavilion Theatre. In return, the City will allow the Commission gratis use of the Pavilion for a period equal to this sizable contribution. P R 0 C 1, A M A T T 0 N S (ITEM II-F.1) ITEM #15137 Mayor Standing read the following Proclamation proclaiming the week of May 11 through 17, 1980, as NATIONAL POLICF, @QEEK in \Tirginia Beach; and, proclaiming May 15, 1980, as POLICE MEMORIAI, DAY in Virginia Beach: P R 0 C L A M A T I 0 N WHEREAS, throughout the nation, the week of Mav 11-17, 1980, has been designated as National Police Week; and, WHEREAS, all Americans should take time to consider the services performed for them b, the Police; and, WHEREAS, at the same time, Americans should remember and honor those officers who have lost their lives in performance of their police duties; NOW, THEREFORE, BE IT KNOWN THAT 1, Mayor Patrick L. Standing, do hereby proclaim the week of May 11-17, 1980, as National Police Week in Virginia Beach. FIIRTHER, I hereby proclaim May 15, 1980, as Police Memorial Day in Virginia Beach. I HEREBY REQUEST tliat all flags of City facilities be flown at half-mast on Police Memorial Day in rememberance of those officers who made the ultimate sacrifice for the citizens of this communit,,. 5/12/80 Cit C),f Art@nd ly@glities Commission P,O. BOX 418, VIRGINIA BEACH, VIRGINIA 23458 May 12, 1980 Virginia Beach City Council: The Virginia Beach Arts and Humanities Commission promises to pay the amount of $10,000 to be applied to the purchase price of one Steinway Concert Grand Piano for the Pavilion Theatre. Frances D. Musick Chairman COMMISMN 8 - (ITEM II-F.2) ITEM #15138 Mayor Standing read the Resolution proclaiming the week of May 10 through 16, 1980, as MU@TICIPAL CLERK'S WEEK. WHEREAS: the success of any unit of government is measured by its ability to meet the needs of its people; and, WHEREAS: the Municipal Clerk is important to the community as a whole - the keystone of efficient and responsive local government; and, WHEREAS: the Municipal Clerk provides continuity, knowing what went on in the past and how it will affect what is done today, thus more ably assisting in the initiatin@. and planning of community programs; and, WHEREAS: the Municipal Clerk records the proceedings and de- cisions of the legislative body, imple-ments its directives, compiles its reports, and preserves the City's records for posterity; and, @qHEREAS: the Municipal Clerk accomplishes these and a host of other tasks with which he or she is charged in the catch-all phase of the job description that reads, "...and other duties as the Council may require of the Clerk"; and, WHEREAS: it is most appropriate that we recognize and recall that this historic municipal office grew out of the traditions of our democratic heritage, and still re- mains most viable in today's structured government; THEREFORE: T, Patrick L. Standing, Mayor of tie City of Virginia Beach, Virginia, do hereby proclaim the week of May 10 through 16, 1980, as MUNICIPAL CLERK'S WEFK in recognition of their outstanding dedication and contribution to the communities they serve. Dated this Fifth day of May, 1980. Patrick L. Standing Mayor Citv of Virginia Beach 5/12/80 9 - R E S 0 L U T I 0 N 0 F A P P R E C I A T I 0 N (ITEM II-C.1) ITEM #15139 Mayor Standing read the following Resolution of Appreciation and presented same to Kevin Perry, representing Four Wheelers, Inc.: R E S 0 L U T I 0 N WHEREAS, on March 1-4, 1980, Virginia Beach was immobilized by its second "storm of the century"; and, WHEREAS, it was necessary for the Virginia Beach City Council to declare a state of emergency; and, WHEREAS, all City roads had become impassable, preventing travel by emergency vehicles; and, WHEREAS, as a response to the City's call for four-wheel drive vehicles to assist in getting emergency personnel to and from their residences and emergency posts, the Tidewater Four Wheelers, Inc., responded immediately, and many of its members made themselves and their vehicles available to the City for emergency service; and, WHEREAS, many individuals received assistance from their efforts; NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City Council goes on record as expressing its sincerest appreciation to the Tidewater Four Wheelers, Inc., for the assistance rendered to the City of Virginia Beach during this time of emergency; BE IT FURTHER RESOLVED that City Council expresses the thanks of all Virginia Beach residents who benefited from the use of these vehicles and the efforts of the members of this organization. Patrick L. Standing Mayor City of Virginia Beach 5/12/80 -10- (ITEM II-G.2) ITEM #15140 Mayor Standing read the following Resolution of Appreciation and presented same to Major Saddler of Company A of the Fourth Assault Amphibian Battalion, Fourth Marine Division, FMF, USMCR: R E S 0 L U T I 0 N WHEREAS, on March 1-4, 1980, Virginia Beach was immobilized by its second "storm of the century"; and, WHEREAS, it was necessary for the Virginia Beach City Council to declare a state of emergency; and, WHEREAS, all City roads had become impassable, preventin.@ travel by emergency vehicles; and, WHEREAS, in response to our request for assistance, Company A of the Fourth Assault Amphibian Battalion, Fourth Marine Division, FMF, USMCR, provided us with three Amtraks which were invaluable in providing emergency medical transportation and many other vital services; and, WHEREAS, Major T. R. Saddler and his men 'worked ceaselessly and untiringly for the duration of the emergency; NOW, THEREFORE, BE IT RESOLVED that th6 Virginia Beach City Council goes on record as expressing its sincerest appreciation to Major Saddler, members of his company, and Company A of the Fourth Assault Amphibian Battalion, Fourth Marine Division, F14F, USMCR, for the assistance rendered to the City of Virginia Beach during this time of emergency. BE IT FURTHER RESOLVED that City Council expresses tlie thanks of all Virginia Beach residents who benefited from the use of this equipment and the efforts of this CompaTly. Patrick L. Standing Mayor City of Virginia Beach 5/12/80 -11- R E S 0 L U T I 0 N 0 F C 0 M M E N D A T I 0 N (ITEM II-G.3) ITEM #15141 Mr. Joel Abraham, Counsellor, Tidewater Community College, and a member of the Mayor's Committee on Handicapped, presented the following Resolution of Commendation to the City of Virginia Beach and the Department of Parks and Recreations: R E S 0 L U T I 0 N WHEREAS, the Therapeutic Staff of the Virginia Beach Department of Parks and Recreation has offered since 1975 on a year-round basis, recreational programs for the physically and mentally handicapped; and, WHEREAS, these programs include conducting seasonal wheelchair basketball games which begin with a game for the Neptune Festival and conclude with a four (4) team Mayor's Invitational Wheelchair Basketball Tournament; conducting annual Bowling and Billiard tournaments for disabled children; holding a summer Activity Day for physically disabled adults and their families; and, WHEREAS, the Therapeutic Staff in conjunction with the Virginia Beach Mental Health/Mental Retardation Services Board, provide recreation programs for mentally ill and severely physically disabled adults, and hold monthly dances for mentally retarded adults in conjunction with the C.L.A.S.P. Organization; and, WHEREAS, the above services and programs are in addition to various other recreational athletic programs being offered on a continuing basis throughout the year to the handicapped and disabled citizens of Virginia Beach by the Therapeutic Staff. 5/12/80 1 2 - NOW, THEREFORE, BE IT RESOLVED that we, the meinbers of the Mayor's Committee on Handicapped, commend the City Council of the City of Virginia Beach and the Departmeiit of Parks and Recreation for recreational activities for handicapped individuals. The Committee further encourages the City Council to continue its level of support and increase the necessary support for the future to meet the needs as they arise. A. M. Kamp, Jr., Chairman Mayor's Committee on Handicapped 5/12/80 - 1 3 - R E S 0 L U T I 0 N (ITEM II-G.4) ITEM #15142 Mayor Standing read the following Resolution honoring Mrs. Eileen Keating Ayvazian as the City of Virginia Beach's "1979 First Citizen." R E S 0 L U T T 0 N WHEREAS: In the Spring, a young man's fancy turns to love, likewise the Jaycees of Virginia Beach select and recognize the City's FIRST CITIZEN; and, WHEREAS: The City of Virginia Beach proudly claims more volunteers than most any City in the Nation which allows the City services too numerous to mention which makes any selection of one individual very difficult; and, WHEREAS: Kileen Keating Ayvazian has labored tirelessly and anonymously relieving the suffering and loneliness of the eldest among us. She was a Registered Medical Nurse and continued her education in all phases of care for the elderly which included sign language to aid in her communication with her hard-of-hearing patients. Her more than two hundred per week patients look to her more as a "Guardian Angel" than a nurse; and, WHEREAS: The many letters, petitions and other forms of nomination easily qualify Mrs. Ayvazian as the choice "First Citizen" of 1979: NOW, THEREFORE, BE IT RESOLVED, that the members of the Virginia Beach City Council recognize that many services, untiring efforts and contributions of Eileen Keating Ayvazian, a "Great Humanitarian" and a dedicated citizen whose accomplishments have created love and given a "new lease on life" to cheer and heal the "seasoned citizens" of Virginia Beach. BE IT FURTHER RESOLVED, that this Resolution be adopted and spread in the minutes of this regular meeting of City Council with a copy to be framed and presented to Mrs. Ayvazian upon the occasion of the FIRST CTTIZEN AWARD. Given under my hand and seal this Twelfth day of May, Nineteen Hundred and Eighty. Patrick L. Standing Mayor City of Virginia Beach 5/12/80 - 1 4- Upon motion by Councilman Holland, seconded by Councilman Ferrell, City Council voted to ADOPT the Resolution honoring Mrs. Eileen Keating Ayvazian as the City of Virginia Beach's "1979 First Citizen." Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 - 15- R E S 0 L U T I 0 N (TTEM TI-G.5) ITEM #15143 R E S 0 L U T I 0 N WHEREAS, Section 33.1-223 of the Code of Virginia provides for access roads to public recreational areas and historical sites was amended and re-enacted by the 1975 session of the General Assembly to provide for bikeway access; and, WHEREAS, the State of Virginia desires to build a bikeway in the False Cape Park located within the City of Virginia Beach; and, WHEREAS, Section 33.1-223 of the Code of Virginia requires that, in order for such bikeways to be constructed, the jurisdiction within which such bikeway will be located is required to pass a Resolution requesting such bikeway; and, WHEREAS, the City Council of the City of Virginia Beach has duly adopted a Zoning Ordinance pursuant to Section 15.1-486, Code of Virginia, as amended; and, WHEREAS, the State of Virginia has designated the False Cape Park as a public recreational facility. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Virginia Beach hereby requests the Virginia Commission; of outdoor Recreation to recommend to the Virginia State Highway and Transportation Commission that recreational access and bikeway funds be allocated for a bikeway to serve such Park; and, BE IT FURTHER RESOLVED, that the Virginia Highway and Transportation Commission is hereby requested to allocate the necessary recreational access and bikeway funds to provide a suitable bikeway as hereinbefore described. 5/1 2/80 1 6 - Upon moti6n by Councilman Baum, seconded by Councilwoman Henley, City Council voted to APPROVT the Resolution requesting the Virginia Commission of Outdoor Recreation to recommend to the Virginia State Highway and Transportation Commission that recreational access and bikeway funds be allocated for a bikeway to serve False Cape Park. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf , J. Curtis Payrie, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 1 7 - C 0 N S E N T A G E N D A (TTEM II-H.1) ITEM #15144 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED: Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to GRANT to Rose Hall Associates an extension to obtain acceptable financing from the Virginia Housing and Develop- ment Authority, for construction of the Rose Hall property. The original 120-day period expired March 18, 1980. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 -1 8 - (ITEM II-H.2) ITEM #15145 Requested by: City Manager AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-13 (e) (6) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE LANDING, LAUNCHING, PARKING AND STATIONING OF CERTAIN VESSELS ON CITY BEACHES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Annual permit fee of $30.00 for residents of the City of Virginia Beach and $60.00 for non-residents; the City Man is authorized to establish dates of issuance for such permits for residents and non-residents. This Ordinance shall be effective onandafter May 15, 1980. Adopted by the Council of the City of Virginia Beach, Virginia, on the -12th day of May, 1980. 5/12/80 -18a- Requested by: City Manager AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-13 OF THE CITY CODE PER- TAINING TO THE LANDING, LAUNCHING, PARKING, AND STATIONING OF CERTAIN VESSELS ON THE CITY BEACHES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-13 of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 6-13. Landing, launching, parking, etc. certain vessels in certain areas. (a) It shall be unlawful for any person to launch or land a sailboat, motorboat, canoe, rowboat, flatboat, kayak, umiak, scull or any other similar recreational vessel on the beach area north of Rudee Inlet to the center line of 42nd Street prolongated eastward, between May 15th and September 30th during the hours of 10:00 A.M. and 5:00 P.M. (b) It shall be unlawful for any person to park or station a sailboat, motorboat, canoe, rowboat, flatboat, kayak, umiak, scull or other similar recreational vessel on the beach area north of Rudee Inlet to the center line of 42nd Street prolongated eastward, with the following exceptions: (1) In an emergency; (2) With an approved race or regatta permit; or (3) In the process of launching or landing a vessel specified above in the areas and during the time periods permitted in section 6-13(a). (c) It shall be unlawful for any person to launch, land, park or station a motorboat on the beach between the area north of the center line of 42nd Street prolongated eastward and the southern boundary line of Fort Story, except in an emergency or with an approved race or regatta permit. (d) It shall be unlawful for any person to launch, land, park or station a sailboat on the beach between the area north of the center line of 42nd Street prolongated eastward and the southern boundary line of Fort Story without a permit from the City Manager, with the following exceptioris: 5/-12/80 -18b- (1) In an emergency; (2) With an approved race or regatta permit. (e) Permits will be issued by the City Manager for sailboats to be launched, landed, parked, or stationed on the beach between the area North of the center line of 42nd Street prolongated eastward and the southern boundary line of Fort Story under the following conditions: (1) The permit to be issued on a first-come-first@served basis subject subsection (i) and (i) of Section 6-13 of the City Code; (2) City Manager shall limit the number of permits to four (4) sailboats per block between the area north of the center line of 42nd Street prolongated eastward and the center line of 57th Street pro- longated eastward; seven (7) sailboats per block between the area north of the center line of 57th Street prolongated eastward and the center line of 77th Street prolongated eastward; and twelve (12) sailboats per block between the area north of the center line of 77th Street prolongated eastward to the southern boundary line of Fort Story. (3) A sailboat having a valid permit under this subsection may be launched, landed, parked, or stationed on the beach area in front of any block between 42nd Street and Fort Story as long as the maximum number as set forth in section 6-13(e)(,',)is not exceeded. If the maximum number as set forth in section 6-13(e)(2) is exceeded, then the sailboat that does not have a permit for that particular block shall be in violation of this section. (4) Permits are valid only for the month of March through the month of October for the year in which the permit was issued; (5) Permits must be renewed annually as provided in section 6-13(e) of the City Code; (6) Annual permit fee of $30.00 for residents of the City of Virginia Beach and $60.00 for non-residents; (7) No parking or stationing of sailboats on the sand dunes or in front of access points or street ends; -2- 5/12/80 -18c- (8) No anchors to be driven in the beach to secure sailboats; (9) No sailboats to be secured to lawful fixtures or structures on the beach; (10) Permits placed on outside port (left) bow of sailboat; (11) Permits are non-transferable. (f) Whenever any vessel shall have been launched, landed, parked, or stationed on the city beaches in violation of any of the provisions of any ordinance prohibiting or restricting same, the owner of such vessel shall be prima facie responsible for such violation and subject to the penalty therefor. (g) Any police officer of the City of Virginia Beach is hereby authorized to remove and impound or have removed and impounded any vessel which appears to be in violation of this ordinance or which is lost, stolen, abandoned or unclaimed. In addition to the fine imposed by Section 6-13(h), such vessel shall be removed and impounded at owner's expense until lawfully claimed or disposed of. (h) Any person who shall violate any of the provisions of Section 6-13 shall be guilty of a Class IV misdemeanor. (i) Any permittee who has three (3) or more convictions, or findings of not innocent in the case of a juvenile, of violating Sections 6-13(h) or 6-14 of the Code of the City of Virginia Beach within the permit period, shall cause the City Manager to revoke that person's permit. That person shall not be eligible for another permit for the same permit period. (i) Any person who has six (6) or more convictions, or findings of not innocent in the case of a juvenile, or violating Sections 6-13(h) or 6-14 of the Code of the City of Virginia Beach within any two (2) year period, shall not be issued a permit by the City Manager for the next two (2) years. This ordinance shall be effective on and after May 15, 1980. Adopted by the Council of the City of Virginia Beach on the /@4, day of 1980. 5/12/80 1 9 - Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf , City Council voted to APPROVE the Ordinance to amend and reordain Section 6-13 (e) (6) of the Code of the City of Virginia Beach, Virginia, pertaining to the landing, launching, parking and stationing of certain vessels on City Beaches. Voting: 10 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 2 0 - (ITEM II-H.3) TEM 261)46 Requested bv: Public Works AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR INTERSECTION OF PRINCESS ANNE ROAD AND HOLLAND ROAD, AND THE ACQUISTTION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-WAY, EITHER BY ACQUISITION OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the con- struction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, moral and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-236 et seq. and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permaneiit easements of right-of-way as shown on the plans entitled, "ROAD IMPROVEMENTS FO.R TNTERSECTTON OF PRINCESS ANNE ROAD AND HOLLAND ROAD." These plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons havitig an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. 5/12/80 2 1 - Section 3. That an emergency is hereby declared to exist and this Ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the -12th day of May, 1980. Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the Ordinance to authorize acquisition of proper ty in fee s imple for right-of -way for intersection of Princ ess Anne Road and Holland Road, and the acquisition of temporary and per- manent easements of right-of-way, either by acquisition or by condemnation. Vot ing: I 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Am4@ik.,4ej lo'ol Ic@py @@f Council Members Absent: Roger L. Riggs 5/12/80 - 2 2 - (ITEM II-H.4) ITEM #15147 Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the request of Timberlake Community Association for a BINGO PERMIT. Voting: 10-0 Council MeTqbers Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. -Tiolland, Vice Mayor J. Henrv McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 - 2 3 - (ITEM II-H.5) ITEM #15148 Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the request of the City Treasurer for tax refunds in the amount of $1,701.62. Vot ing : 10 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A, Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 2 4 - iolis CC,--]-', C o r i i c C. c i@ ga S 7Q r@ I 840-1 (112) 1 1 1 70 3. 77 G@@orrie S 79 RE 1 1@40-1 (2/2) 5/1 '/'79 3. 77 oi,i,,cr, Geoi-@,e S so RE 1 -I'@O@-2 (1 / 2) 11 / 2 7/1 9 Fel -Uon, !,i. E. 79 RE 221 20- / 2 I 0/1 n,,/78 7e', 'on, E. 79 l?@ 1 2 I - 5 2 5/11 79 C D F S 78 P, E. - 6 (1/1) I 7 ,o C D & s 8 [@E 8 - 6 7 C. D. e, B S. 79 p@ -2 - 1 S. 79 [@E 29 3@-/ 21 61 5,// q o,) (i E G P,?. 78 RE 71 01 3- 1 2) 1 C,/ 1 7 / 7 7 2 c 1 i-, i Life Irs. 80 RE 7'),,43-u (i 1 /-i 5/79 he above abateinen ot 1 Ig t , Ii, 1)y of t"Ic C,' vi ol C]@ly @s Lo c 5/12/80 2 5 - fo, C,) @.2 t: o I I rol- -(2 -i T',l (i tl i j, 79, pi I S. 7 9, ri, I 3 1 5 0/25/ -/'9 L-;6 F' F, 71 767,@l - 1 (112' 79 co i"' il 79 0 1', co-. 78 (1/ 2) 1 2/1,177 78 E /i/ 71, 0-0 (2/2') 7 7 7 E - C 7 t ot@ C y 5/12/60 2 6 - 1, 0 y 0 1,@ C)7 5/12/8 - 2 7 - P L A N N I N G A G E N D A (ITtM IT-I.l.a) ITEM #15149 AN ORDINANCE TO AMEND AND REORDAIN ARTTCLE 5, SECTTON 582 OF THE COMPREHENSTVE ZONTNG ORDINANCE PER- TAINING TO REAR YARD SETBACK TN THE R-9 RESIDENTIAL TOWNHOUSE DISTRTCT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 5, Section 582, Minimum Lot Area, Lot Width, Yard Spacing, and Maximum Lot Coverage and Height Regulations, of the C.Z.O. is amended and reordained as follows: (c) For uses other than dwelling units permitted in the R-9 Residential Townhouse District, front, side and rear yard requirements shall be the same as specified for the R-8 Residential D i s t r i c t . For townhouse development, the following shall constitute the yard requirements: (3) Minimum rear yard setbacks shall be twenty (20) feet for each dwelling unit; however, the minimum rear yard setback for accessory structures of one hundred square feet floor area or less than be ten (10) feet. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of May, 1980. Upon motion by Councilman Merrick, seconded by Councilwoman Henley, City Council voted to APPROVE the Ordinance to amend and reordain Article 5, Section 582 of the Comprehensive Zoning Ordinance per- taining to rear yard setback in the R-9 Residential Townhouse D i s t r 1 c t . Vot ing 1 0- 0 5/12/80 -2 8- Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 - 2 9 - (ITEM II-I.l.a) ITEM #15150 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6, SECTIONS 602 AND 613 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO REAR YARD SETBACK IN THE A-1 AND A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 6, Section 602, Minimum Lot Area, Lot Width, Yard Spacing, Recreation Space, and Maximum Density, Height, and Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: (d) The minimum lot area for attached dwellings shall not be less than 1,400 square feet and the minimum lot width shall be fourteen (14) feet for interior and thirty (30) feet for end lots; however, the average lot size for all lots developed within a contigious parcel containing attached dwellings shall average 2500 square feet per lot. The minimum front yard setback for attached dwellings shall be ten (10) feet from the front lot line for all lots fronting on major streets. The minimum side yard setbacks shall be ten (10) feet for the lots at each end of each building group. The minimum rear yard setbacks shall be twenty (20) feet for each attached dwelling unit; however, the minimum rear yard setback for accessory structures of one hundred (100) square feet floor area or less shall be ten (10) feet. The maximum number of attached dwellings that may be constructed in any one (1) group, without the required side yard setbacks is nine (9). That Article 6, Section 613, Minimum Lot Area, Lot Width, Yard Spacing, Recreation Space, and Maximum Density, and Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: (d) The minimum lot area for attached dwell4-ngs shall not be less than 1,400 square feet and the minimum lot width shall be fourteen (14) feet for interior and thirty (30) feet for end lots; however, the average lot size for all lots developed within a contigious parcel containing attached dwellings shall average 2500 square feet per lot. The minimum front yard setback for attached dwellings shall be ten (10) feet from the front lot line for all lots fronting on minor streets and twenty (20) feet from tbe front lot line for all lots fronting on major streets. The minimum side yard setbacks shall be 5/12/80 -3 0- ten (10) feet for the lots at each end of each building group. The minimum rear yard setbacks shall be twenty (20) feet for each attached dwelling unit; however, the minimum rear yard setback for accessory structures of one hundred (100) square feet floor area or less shall be ten (10) feet. The maximum number of attached @wellings that may be constructed in any one (1) group, without the required side yard setbacks is nine (9) . Adopted by the Council of the City of Virginia Beach, Virginia, on the -12th day of May, 1980. Upon motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, City Council voted to APPROVE the Ordinance to amend and reordain Article 6, Sections 602 and 613 of the Comprehensive Zoning Ordinance pertaining to rear yard setback in the A-1 and A-2 Apartment Districts Voting 1 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 3 1 - (ITEM TI-I.l.b) ITEM #15151 Attorney Tliomas C. Bro,les appeared in behalf of the applicant I Attorney Grover C. Wright, Jr., appeared in favor Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to DEFER FOR ONE WEEK application of SANDBRIDGE ROAD ENTERPRISES for a Conditional Use Permit, as per the following: Ordinance upon application of Sandbridge Road Enterprises, a Partnership, for a Conditional Use Permit for a golf course on certain pro- perty located on the East side of Atwoodtown Road beginning at a point 750 feet East of the intersection with Lotus Drive, running a dis- tance of 629.05 feet along the East side of Atwoodtown Road, running a distance of 150 feet iTi an Easterly direction, running a distance of 1220 feet in a Northerly direction, running a distance of 390 feet in a Southeasterly direction running a distance of 30 feet in a Southerly di- rection, running a distance of 510 feet in an Easterly direction, running a distance of 700 fe,t in a Southerly direction, running a distance of 110 feet in a Westerly direction, running a distance of 450 feet in a Southerly direction, running a dis- tance of 980 feet in an Easterly direction, running a distance of 170 feet in a Southerlv direction, running a distance of 100 feet in a Westerly direction, running a distance of 100 feet in a Southerly direction, running a distance of 100 feet in an Easterly direction, running a distance of 900 feet along the West side of Sandbridge Road, running a distance of 1480 feet in a Northwesterly direction, running a distance of 500 feet in a Southwesterly direction, running a distance of 220 feet in a Northwesterly direction, running a distance of 130 feet in a Northeasterly direction, running a distance of 400 feet in a Northwesterly direction, running a dis- tance of 440 feet in a Southwesterly direction, running a distance of 120 feet in a Westerly direction and running a distance of 150 feet in a Northwesterly direction. Said parcel contains 240 acres. PRINCESS ANNE BOROUGH. Vot ing: I 0-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera F. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing 5/12/80 3 2 - Council Members Voting Nay: None Council Members Absent: Roger L. Riggs THIS ITEM AND ITEM #15152 WERE VOTED AS ONE ITEM (ITEM II-I.2.a) ITEM #15152 Attorney Thomas C. Broyles appeared in behalf of the applicant Attorney Grover C. Wright, Jr., appeared in favor Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to DEFER FOR ONE WEEK the application of SANDBRIDGE ROAD ENTERPRISES for a Change of Zoning District Classification, as per the following: Ordinance upon application of Sandbridge Road Enterprises, a Partnership, for a e of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District on certain property located 299.7 feet East of Atwoodtown Road beginning at a point 2164 feet North of the intersection of Sandbridge Road and Atwoodtown Road, running a distance of 1962 feet along the Southern property line, running a dis- tance of 2261 feet along the Eastern property line, running a distance of 1023 feet in a Westerlv direction, running a distance of 66 feet in a Northerly direction, running a distance of 771 feet in a Northwesterly direction and running a distance of 2432 feet along the Western property line. Said parcel contains 100 acres more or less. PRINCESS ANNE BOROUGH. Voting: 1 0- 0 5/12/80 3 3 - Council Members Votin,g Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Heiiley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs THIS ITEM AND ITEM 15151 WFRF VOTED AS ONE TTEM 5/12/80 - 3 4 - ITEM #15153 Upon motion by Councilman Payne, seconded by Councilman Baum, City Council voted to EXPEDITE the application of VIRBY REALTY CORPORATION to be heard by the Planning Commission on 10 June 1980, and advertised for hearing before City Council on 16 June 1980. Voting: I 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin*, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Ileyera F,. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs *COUNCILMAN ERVIN VOICED A VERBAL "AYE". 5/12/80 - 3 5 - ITEM #15154 Councilman Payne made a motion, seconded by Councilman Holland, to EXPEDITE the application of LESLIE MAE GIMBERT to be heard by the Planning Commission on 10 June 1980, and advertised for hearing before City Council on 16 June 1980. Vot ing 5 - 5 Council Members "oting Aye: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., and J. Curtis Payne Council Members Voting Nay: F. Reid Ervin, Barbara M. Ilenley, Donal-d W. Merrick, Meyera E. Oberndorf, and Mayor Patrick L. Standing Council Members Absent: Roger L. Riggs DUE TO A TIE VOTE THE MOTION @iAS LOST. 5/12/80 - 3 6 - ITEM #15155 Upon motion by Councilman Payne, seconded by Vice Mayor McCoy, City Council voted to EXPET)TTE the application of TATE, MANNING AND KELLAM to be heard by the Planning Commission on 10 June 1980, and advertised for hearing before City Council on 16 June 1980. Voting: 6 - 3 Council Members Voting Aye: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, Donald W. Merrick, and Meyera E. Oberndorf Council Members Abstaining: F. Reid Ervin Council Members Absent: Roger L. Riggs 5/12/80 3 7 - (ITEM II-I.I.c) ITEM #15156 Attorney Frank E. Butler, III, appeared in behalf of the applicant. Lieutenant Commander Samuel Jackson, NAS Oceana, appeared in opposition. Upon motion by Councilman Payne, seconded by Councilman Baum, City Council voted to APPROVE the application of LINDA MAH ARK, RITA MAH WHALEN, ANNA HO MAH, AND NANCY ENG MAH for a Change of Zoning District Classification, as per the following; subject to the seven (7) conditions outlined in the City Manager's letter): ORDINANCE UPON APPLICATION OF LINDA MAH Z0580498 ARK, RITA MAT.1 WHALEN, ANNA HO MAH, AND NANCY ENG MAH FOR A CHANGE OF ZONING DTSTRICT CLASSIFICATION FROM AC-1 AGRICULTURAL DISTRICT TO B-2 COMMUNITY BUSINESS DISTRICT BE IT ORDAINED BY THE COITNCIL OF THE CITY OF VIRGINIA BEACH, VTRGINIA, THAT: Ordinance upon application of Linda Mah Ark, Rita Mah Whalen, Anna Ho Mah, and Nanch Eng Mah for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community Business District on certain property located on the West side of Oceana Boulevard beginning at a point 795 feet North of Dam Neck Road, running a distance of 420.09 feet along the West side of Oceana Boulevard, running a distance of 1342.24 feet along the Northern property line, running a distance of 657.73 feet along the Western property line and running a distance of 861.10 feet along the Southern property line. Said parcel contains 10.18 acres. PRINCESS ANNE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Modified to include only that portion extending to a depth of 600 feet from Oceana Boulevard. 2. Standard improvements as required by the Site Plan Ordinance. 3. City water and sewer. 4. The cost of the design and construction of a standard City street along this site's frontage on Oceana Boulevard is to be deposited in the Oceana Boulevard project account. 5/12/80 - 3 7 - (ITEM II-I.l.c) ITEM #15156 Attorney Frank E. Butler, III, appeared in behalf of the applicant. Lieutenant Commander Samuel Jackson, NAS Oceana, appeared in opposition. Upon motion by Councilman Payne, seconded by Councilman Baum, City Council voted to APPROVE the application of LINDA MAH ARK, RITA MAH WHALEN, ANNA HO MAH, AND NANCY ENG MAH for a Change of Zoning District Classification, as per the following; subject to the seven (7) conditions outlined in the City Manager's letter): ORDINANCE UPON APPLICATION OF LINDA MAH Z0580498 ARK, RITA MATI WHALEN, ANNA HO MAH, AND NANCY ENG MAH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO B-2 COMMUNITY BUSINESS DISTRICT BE IT ORDAINED BY THE COITNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Linda Mah Ark, Rita Mah Whalen, Anna Ho Mah, and Nanch Eng Mah for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community Business District on certain property located on the West side of Oceana Boulevard beginning at a point 795 feet North of Dam Neck Road, running a distance of 420.09 feet along the West side of Oceana Boulevard, running a distance of 1342.24 feet along the Northern property line, running a distance of 657.73 feet along the Western property line and running a distance of 861.10 feet along the Southern property line. Said parcel contains 10.18 acres. PRINCESS ANNE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Modified to include only that portion extending to a depth of 600 feet from Oceana Boulevard. 2. Standard improvements as required by the Site Plan Ordinance. 3. City water and sewer. 4. The cost of the design and construction of a standard City street along this site's frontage on Oceana Boulevard is to be deposited in the Oceana Boulevard project account. 5/12/80 - 3 8 - 5. Left-turn lanes and traffic signalization are required if warranted by commercial development on this site. 6. The dedication of an additional 35-foot drainage easement for the north-south ditch in order to provide a total width of 90-feet. 7. The dedication of an additional 65-foot drainage easement for the ditch along the northern boundary of this site in order to provide a total width of 90-f eet . This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of May, 1980. Vot ing 6 - 4 Council Members Voting Aye: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne*, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, and Meyera E. Oberndarf Council Members Absent: Roger L. Riggs *COUNCILMAN PAYNE VOICE A VERBAL "AYE" 5/12/80 3 9- (ITEM II-I.l.d) ITEM #15157 Attorney William A. Cox appeared in behalf of the applicant. Mr. James Jernigan.appeared in favor. Mr. Leo M. Hill appeared in favor. The following appeared in opposition: Attorney William McCardell represented property owners Mr. B. W. Gorham Mrs. Gayle Olsen, representing Kempsville Manor, presented petitions in opposition. (The petitions will be made a part of these proceedings). @ir. E. A. Kelly, representing Kempsville Gardens, presented petitions in opposition. (The petitions will be made a part of these proceedints). Mr. T. R. Cali Upon motion by Vice Mayor McCoy, seconded by Councilman Ervin, City Council voted to APPROVE the application of RTJSSELL E. SIMPSON, JR., for a Change of Zonin@-; District Classification, as per the folloN,7ing; subject to the four (4) conditions as outlined in the City Manager's letter, and add: FOUR FOOT BUFFER ON THE BACK AND SIX FOOT PRIVACY FFNCE- TO BE REOTTIRFT) ORDINANCE UPON APPLICATION OF RTTSSEI,L F,. Z0580499 SIMPSON, JR., FOR A CHANGE OF ZONTNIG DIS- TRICT CLASSTFICATION FRO@! R-5 RFSIDENTTAL DISTRICT TO B-2 COMMTJNTTY BTJSINESS F)TSTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Russell E. Simpson, Jr., for a Change of Zoning District Classification from R-5 Residential District to B-2 Community Business District on certain property located at the Southeast intersection of Princess Anne Road and Downey Drive, running a di-stance of 101.32 feet along tlie South side of Princess Anne Road, running a distance of 190 feet more or less along the Eastern property line, running a distance of 125 feet along the Southern property line, running a distance of 204.04 feet along the East sicle of Downey Drive and running a distance of 29.51 feet in a Northeasterly direction. Said parcel contains .57 acre. KEMPSVILT,E BOROU(;H. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 5/12/80 4 0- 2. City water and sewer. 3. Right-of-way improvements will be necessary along Downey Drive; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 4. A 10-foot dedication along Downey Drive., This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of May, 1980. Voting: 6 - 4 Council Members Voting Aye: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCo,,, Jr., J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Barbara M. Henley, Donald @q. Merrick, and Me,,,era E. Oberndorf Council Members Absent: Roger L. Riggs 5/12/80 -4 1- ITEM #15157(a) Councilman Ferrell made a motion, seconded by Councilman Baum, to RECONSIDER AND DENY BY WAY OF "REVOTE" the application of RUSSELL E. SIMPSON, JR., for a Change of Zoning District Classification, as per the following; subject to the conditions as recommended by the Planning Commission and the added condition: FOUR FOOT BUFFER ON THE BACK AND A SIX FOOT PRIVACY FENCE WILL BE RE- QUIRED. Voting: 6- 4 Council Members Voting For Denial: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, and Mayor Patrick L. Standing Council Members Voting Aye: John A. Baum, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., and J. Curtis Payne Council Members Absent: Roger L. Riggs The above motion to reconsider and deny by "revote" the application of Russell E. Simpson, Jr., was approved. 5/12/80 - 4 2 - (ITEM II-I.l.e) ITEM #15158 Mr. Lee Kilberg appeared in behalf of the applicant Mr. Leo Hill appeared in favor Mr. John Beiler appeared in favor The following appeared in opposition: Attorney William McCardell Mr. B. W. Gorham Mrs. Gayle Olsen Mr. E. A. Kelly Mr. T. R. Cali Vice Mayor McCoy made a motion, seconded by Councilman Holland, to APPROVE application of JACK I. AND LYNN H. CHERIN for a Chanpe of Zoning District Classification, as per the following: Vot ing: 5 - 5 Council Members Voting Aye: John A. Baum, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and J. Curtis Payne Council Members Voting Nay: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Donald W. Merrick, and Mayor Patrick L. Standing Council Members Absent: Roger L. Riggs 5/12/80 -4 3 - THE MOTION TO APPROVE THE APPLICATION OF JACK I. AND LYNN H. CHERIN WAS LOST DUE TO A TIE VOTE. Ordinance upon application of Jack I. and Lynn H. Cherin for a Change of Zoning District Classifi- cation from R-5 Residential District to 0-1 Office District on certain property located at the South- west corner of Princess Anne Road and Forest Street, running a distance of 114.74 feet along the South side of Princess Anne Road, running a distance of 20.51 feet in a Southerly direction, running a dis- tance of 15.37 feet in an Easterly direction, running a distance of 75 feet along the West side of Forest Street, running a distance of 125 feet along the Southern property line and running a distance of 135.58 feet along the Western property line. Said parcel contains .313 acre. KEMPSVILLE BOROUGH. 5/1- 4 4 - (ITEM IT-T.2.b) ITEM #15159 The following appeared in opposition: Mrs. Eileen Erb Mr. Robert Duggan Mr. Phillip Franklin Upon motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council voted to DENY the application of HERBERT D. AND MARY H. SMITH, THE SOUTHLAND CORPORATION, for a Conditional Use Permit; as per the following: Ordinance upon application of Herbert D. and Mary H. Smith, The Southland Corporation, for a Con - ditional Use Permit for a self-service gaso@ine service station on certain property located on the North side of Potters Road beginning at a point 150 feet West of London Bridge Road, running a distance of 119.97 feet along the North side of Potters Road, running a distance of 309.90 feet along the Western property line, running a distance of 153.88 feet along the Northern property line and running a distance of 295.83 feet along the Eastern property line. Said parcel contains .913 acre. LYNNHAVEN BOROUGH. Vot ing 10 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne*, and Ma@or Patrick L. Standing* Council Members Voting Nay: None Council Members Absent: Roger L. Riggs -MAYOR STANDIIG AND COUNCILMAN PAYNE VOICED A VERBAL "AYE" 5/12/80 -4 5- (ITEM II-I.2.c) ITEM #15160 VICE MAYOR MCCOY LEFT CHAMBERS Attorney Grover C. Wright, Jr., appeared in behalf of the applicant Lieutenant Commander Samuel Jackson, NAS Oceana, appeared in opposition. Upon motion by Councilman Payne, seconded by Councilman Ervin, City Council voted to APPROVE the application of NORTH LANDING DEVELOPMENT CORPORATION for a Conditional Use Permit; as per the following; subject to the four (4) conditions as outlined in the City Manager's letter: ORDINANCE UPON APPLTCATION OF NORTH LANDING R0589316 DEVELOPMENT CORPORATION FOR A CONDITIONAL ITSE PERMIT FOR ONE FAMILY DETACHED DWELLTNGS BE TT ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of North Landing Development Corporation for a Conditional Use Permit for one family detached dwellings on certain property located on the West side of North Landing Road beginning at a point 1700 feet more or less South of Indian River Road, running a distance of 130 feet more or less along the West side of North Landing Road, running a distance of 650 feet in a Westerly direction, running a distance of 270 feet in a Southerly direction, running a distance of 600 feet in a Southerly direction, running a distance of 200 feet in a Westerly direction, running a distance of 170 feet in a Southerly direction, running a distance of 440 feet in a Westerly direction, running a distance of 430 feet in a Southerly direction, running a distance of 630 feet more or less in a Westerly direction, running a distance of 2130 feet more or less along the Western property line (Eastern boundary of the North Landing River), running a distance of 1874.10 feet along the Northern property line, running a distance of 390 feet more or less in a Southerly direction and running a distance of 660 feet more or less in an Easterl, direction. Said parcel contains 68.57 acres. PRINCESS ANNE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Subdivision Ordinance. 2. Compliance with the criteria for the installation of septic tanks in poorly drained soils; this includes a drainage plan for the property. The swamp is not eligible for soil management techniques. 5/12/80 -4 6- 3. Right-of-way improvements will be necessary along the access road; this includes a 30-foot paved street, curb and gutter, and drainage facilities. All internal residential streets are also to have curb and gutter. 4. Approximately 2.17 acre of this site consists of swamp and cannot be dredged or filled without a permit from the Army Corps of Engineers under their 404 Program. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of May, 1980. Voting: 5 - 4 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Clarence A. Holland, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: John A. Baum, Barbara M. Henley, Donald W. Merrick, and Meyera E. Oberndorf Council Members Absent: Vice M@a,,or J. Henry McCoy, Jr., and Roger L. Riggs 5/12/80 - 4 7 - (ITEM II-I.2.d) ITEM #15161 VICE MAYOR MCCOY RETURNED TO CHAMBERS COUNCILMAN MERRICK LEFT CHAMBERS Attorney Thomas C. Broyles appeared in behalf of the applicant Upon motion by Councilman Payne, second by Councilman Ferrell, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of PLASTIC SURGERY CENTER AND THOMAS C. BROYLES for a Condl'.tional Use Permit, as per the following; subject to the seven (7) conditions as outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF PLASTIC SURGERY R0580317 CENTER AND THOMAS C. BROYLES FOR A CONDITIONAL USE PERMIT FOR A SERVICE STATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA, THAT: Ordinance upon application of Plastic Surgery Center and Thomas C. Broyles for a Conditional Use Permit for a service station on certain property located at the Southeast intersection of General Booth Boulevarct and South Birdneck Road, running a dis- tance of 244.74 feet along the East side of General Booth Boulevard, running a distance of 169.49 feet along the Southern property line, running a distance of 20 feet iii a Northerly direction, running a dis- tance of 50 feet in an Easterly direction, running a distance of 180 feet along the Eastern property line and running a distance of 90.4 feet along the South side of South Birdneck Road. Said parcel contains .706 acre. PRINCESS ANNE BOROIJGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Public restrooms are to be provided. 4. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 5/12/80 4 8- 5. Two curb cuts are to be allowed on General Booth Boulevard provided each is a maximum of 24 feet in width and marked appropriately for ingress and egress. 6. One curb cut with a maximum width of 35 feet is to be allowed on South Birdneck Road. 7. The cost of the design and construction of a standard City street along this site's frontage on General Booth Boulevard and South Birdneck Road is to be deposited in the appropriate road project accounts. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the -12th day of May, 1980. Vot ing: 9 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick, and Roger L. Riggs 5/12/80 4 9 - (ITEM II-I.2.e) ITEM #15162 COUNCILMAN MERRTCK RETURNED TO CHAMBERS Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of PLASTIC SURGERY CENTER AND THOMAS C. BROYLES for a Change of Zoning District Classification, as per the following; subject to the three (3) conditions as outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF PLASTIC SURGERY Z0580500 CENTER AND THOMAS C. BROYLES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 RESI- DENTIAL DISTRICT TO B-2 COMMUNTTY BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGTNIA, THAT: Ordinance upon application of Plastic Surgery Center and Thomas C. Broyles for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located on the South side of South Birdneck Road beginning at a point 40.4 feet East of General Booth Boulevard, running a distance of 50 feet along the South side of South Birdneck Road, running a distance of 180 feet along the Eastern property line, running a distance of 50 feet along the Southern property line and running a distance of 180 feet along the Western property line. Said parcel contains .206 acre. PRINCESS ANNE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The cost of the design and construction of a standard City street along this site's frontage on South Birdneck Road is to be deposited in the appropriate road project account. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the !2th day of May, 1980 Voting: I 0-0 5/12/80 50- Council Members Voting Aye: John A. Baum, F. R6id Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 5 1- (ITEM II-I.3.a) ITEM #15163 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant The following appeared in opposition: Mr. Fenton Priest Captain James Campbell Upon motion by Councilman Merrick, seconded by Councilman Tiolland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of Robert W. Waddell, M.D. for a Variance to Section 4.4(b) of the Subdivision, as per the following; subject to the one (1) condition as outlined in the City Manager's letter: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance for Robert W. Waddell, M.D. Property located on the West side of Channel Points Lane in the Western extremity of Adam Keeling Road. Plats with more detailed information are available in the Department of Planning. The applicant requests a variance to Section 4.4(b) of the Subdivsion Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a 2.13 acre site, located on the West side of Channel Points Lane at the terminus of Adam Keeling Road, into two (2) lots. Subject to the following condition: 1. Waive the pavement and street light requirement. Voting: 9 - 1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: Meyera E. Oberndorf 5/12/80 5 2 - Council Members Absent: Roger T,. Riggs 0 R D I N A N C E S (ITEM II-i.l.a) ITEM #15164 Upon motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to uphold the recommendation of the I)epartment of Public Works and APPROVE the application of Robert Beasley and Ordinance to authorize a temporary encroachment into a portion of a 15-foot alley and Vanderbilt Avenue located in Croatan Beach; subject to the following conditions as outlined in the City Manager's letter: 1. The encroachment width on the 15-foot alley must be 7.5 feet. Lot 5, Block 16, located on the other side of the alle,l and west of the subject lot, may make a similar encroach- ment for private utility installations. The Health Department has advised that the remaining 7.5 feet will be needed if Lot 5 is developed before public water and sewer is installed. 2. Approval must be obtai-ned from the Health Department for the installation and operation of the well and septic tank. 3. The City should be held harmless from an@ and all claims for damages or liability. 4. The applicant will be required to connect to Citv water and sewer as soon as it becomes available. 5. It will be the responsibility of the homeowner to maintain the well. Voting: 1 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members \Toting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 5 3 - onoli2C@44 paci 463 Requested by: Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF A 15' ALLEY AND VANDERBILT AVENUE LOCATED IN CROATAN BEACH. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Robert Beasley is authorized to construct and maintain a temporary encroachment into a 15' Alley and into Vanderbilt Avenue as shown on the survey attached hereto. That the temporary encroachment herein authorized is for the express purpose of installing and maintaing a septic tank drain field as described below into a portion of the 15' Alley and for the purpose of installing a well into a portion of Vanderbilt Avenue as more particularly described as follows: The drain field may encroach into the eastern 7.50 foot portion of the 15' Alley which is adjacent to Lot 15 as more particularly described and shown on that certain survey attached hereto and described below; and, the well may encroach into the western 10' portion of Vanderbilt Avenue lying adjacent to Lot 15 as shown on that certain survey attached hereto and denoted "Survey of Lot 15, Block 16, Croatan Beach Showing Proposed Encroachment On Public Right-Of-Way Lynnhaven Borough, Virginia Beach, Virginia For Robert Beasley, dated February 21, 1980," and by reference made a part hereof. PROVIDED, HOWEVER, that such authority and permission so granted shall terminate when the City sewer lines are installed to service the abovementioned property, and within sixty (60) days after the date that service is available, said owner, his heirs, assigns and successors in title, shall connect to the City sewer and water lines and said temporary encroachment will terminate. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Robert Beasley, his heirs, assigns and sucessors in interest shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location o- existence of said encroachment. 5/12/80 54 - ,@lco 2u 4 4 p4i-li 4C)4 AND, PROVIDED FURT[IER, that nothing herein contained shall be construed to relieve said owner, his heirs, assigns and successors in title from liability for any negligence on their part. Adopted by the Council of the City of Virginia Beach, Virginia, on the /j @day of i 9 -ro DSH/ih 4/16/80 APPrt APP@'ZC'@, Certified to be a true excerpt from the minutes of the City Council of the City of Virginia Beach, Virginia, of May 12, 1980, adopted May 12, 1980 Diane M. H3'-cktaA-n, De 5/12/80 5 5 - 2 44 p4ci 40-@D 'y 4 14, /5 "i 4-5 oy@ /5 .4LLEY 750 4 @.00' Ui tri to OA'7'0 OLl,5LlC AlldWr Oc WA@ VANDE,0,31LT 4VC@,90;?IW) GulevEy OIC 0 7- /g, 3 L OC @ ICa, CEOA T,4 N 5,EA C .gl-ICWNIN6 CPOPOS--D EAICAOOACI-IMEIIT OA/ P06LIC EIGIWT Oc W.4Y 4 YAA'14A VEAI B OeO Uw- A/, V.4. 3 4-A CAI, VA. SCAL-1 Wll-LIAA,f C. OVERM.4,Y,45SOC- OC. ,VC@OLe Vle6lYIA AIZ y 311;?160 @d byP., 5&5" Of de C,,d, to -1 ............ . ......... ... 5 6 - Council Members Voting Nay: None Council Members Absent: Roger L. Riggs (ITEM II-J.b) ITEM #15165 Upon motion by Councilman liolland, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Department of Public Works and APPROVE the request of Edward G. Carson and Associates, Inc., for adoption of the Ordinance to authorize a temporary encroachment by Beach Mall Associates into a portion of the right-of-way of 14th Street and 15th Street; subject to the conditions as outlined in the City Manager's letter: 1. Maintenance be performed by Beach Mall Associates. 2. Should the City need the right-of-way for any purpose, the o@qners must agree to remove the encroachments. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and mayor Patrick L. Standing* Council Members Voting Nay: None Council Members Absent: Roger L. Riggs *MAYOR STANDING VOICED A VERBAL "AYE". 5/12/80 5 6 - 458 Council Members Voting Nay: None Council Members Absent: Roger L. Riggs (ITEM II-i.b) ITEM #15165 Upon motion by Councilman Holland, seconded b, Councilman Baum, City Council voted to uphold the recommendation of the Department of Public Works and APPROVE the request of Edward G. Carson and Associates, Inc., for adoption of the Ordinance to authorize a temporary encroachment by Beach 14all Associates into a portion of the right-of-way of 14th Street and 15th Street; subject to the conditions as outlined in the City Manager's letter: 1. Maintenance be performed by Beach Mall Associates. 2. Should the City need the right-of-way for any purpose, the owners must agree to remove the encroachments. Voting: 10-0 Council Members Voting Aye: john A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing- Council Members Voting Nay: None Council Members Absent: Roger L. Riggs *MAYOR STANDING VOICED A VERBAL "AYE". 5/12/80 5 7 - equested by Departnent of Public @lorks I 1- k-' ' 4 -)ilrr 459 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT BY BEACH MALL ASSOCIATES INTO A PORTION OF THE RIGHTS-OF-WAY OF 14th STREET and 15TH STREET. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI@IIA BEACH, VIRR@INIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Beach Mall Associates are authorized to erect and maintain a temporary encroachment in the City rights-of- way of 14th Street and 15th Street. That the temporary encroachment herein authorized is for the purpose of installing free standing planters and landscapting on 14th Street and 15th Street; and that such free standing plants and landscaping shall be erected and maintair.ed in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and shall be erected only in that area marked in yellow on that certain survey on record in the Depart- ment of Public Works of the City of Virginia Beach and denoted: "Physical Survey Of A Portion Of Block "A" Map of Shamrock" For Virginia Beach Mini-Mall Hassell & Folkes P.C. Surveyors & Engineers Portsmouth, Virginia" dated March 19, 1980. The particular encroaclynent area on 14th Street is marked in yellow and is located on the Nlorth side of 14th Street beginning at a point 8' from the Northwest intersection of Atlantic Avenue and 14th Street and running at a 90' angle from said point of beginning 12' in a southerly direction; thence 24' in a westerly direction parallel to the East-West property line of the Virginia Beach Mini-Mall; thence 12' in a northerly direction to the Virginia Beach Mini-Mall property; thence 24' in an easterly direction along the property line of the said Mini-Mall property to the point of beginning. The encroachment area on 15th Street is marked in yellow on the above referenced survey and is located on the South side of 15th Street beginning at a point 12' from the Southw(,-st inter- section of Atlantic Avenue and 15th Street and running at a 90@ angle from said point 2' in a northerly direction; thence 20' in a westerly direction parallel to the East-West property line of Virginia Beach Mini-Mall and 15th Street; thence 2' in a southerly direction to the Virginia Beach Mini-Mall property; thence 20' in an easterly direction along the Mini-Mall property line to the Doint of beginnina. PROVIDED, HCWEVER, that tiie teriporary encroachmei)t herein authorized sliall terminate upon notice by the City of Vi@,qinia Beach to any partner of Seach tlill 5/12/80 Certified to be a true excerpt of the Minutes of the City of Virginia Beach, Virgini4 of May 12, 1980, ado ted May 12, 1980. P4,;@ 4'0@O Di@ Deputy City Clerk Associates and that within sixty (60) days after such notice is given, such temporary encroachment s ha I 1 b e removed f rom the Ci ty ri ghts -of -way of 1 4th Street and 15th Street by Beach Mall Associates, their agents or employees; and that Beach Mall Associates shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Beach Mall Associates shall indemnify and hold harmless the City of Virginia Beach, its agents and em.oloyees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary enr-roachment. AND, PROVIDED FURTHER, that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than those specified herein and to the limited extent specified herein, nor to permit the maintenance or construction of any encroach- ments by anyone other than Beach Mall Associates. AND, PROVIDED FURTHER, that the City of Virginia Beach, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to Beach Mall Associates and collect the cost in any manner provided by law for the collection of local or state taxes; may require Beach Mall Associates to remove such temporary encroachments; and pending such removal, the City my charge Beach Mall Associates compensation for the use of such portion of the street encroached upon the equiqalent of what would be the real property tax upon the land so occupied if it were owned @y Beach Mall Associates; and, if such removal shall not be made within the time ordered hereinabove by this ordinance, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue there- after, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Adopted by the Council of the City of Virginia Beach, Virqinia, on the 12 day of May 19po. DSH:kg 4/25/80 CITY AT'OR@"Y 5/12/6( E E T rr@ rn IR L 4 VIRGIN in '51erk's Ollice oi the Ci,c.it Cou,t of Vi,einia B8ach ...I@@,vday -6@ @@ 6 O/. ...... 19.. Ue@kwffs ee at @ / ived and p.@ the . ....... this inst, 6 ce,tificate o/ ack@..Iedg.ea tbe,eto an@exed, aditt,d to ,co,d- "The tax i.posed by SS58-54.1 -/ th- C-de, m bas been paid, in the a.o.nt o/ I................................ m 0 TESTE: J. CURTIS FRUIT, Cle,k C. '7@@7 - 6 0- S E C 0 N D R E A D I N G S (ITEM II-J.2.a.1) ITEM #15166 Upon motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted to APPROVE ON SECOND READING the Ordinance making appropriations for the fiscal year beginning July 1, 1980 and ending June 30, 1981, in the sum of Two Hundred Two Million, Eight Hundred Fifty-Two Thousand, One Hundred Twenty Dollars ($202,852,120) for operat ion s and Fif ty -S even Million, S even ty -Two Thousand, One Hundred Fifty-Eight Dollars ($57,072,158) in Interfund Transfers and regulating the payment of money out of the City Treasury. Voting: 9 -1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J . He nry McCoy, Jr . , Meye ra E . Ob erndor f , J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: Donald W. Merrick Council Members Absent: Roger L. Riggs 5/12/80 6 1- AN ORDINANCE MAKING APPROPRIATIONS EOR THE FISCAL YEAR BEGINNING JULY 1, 1980 AND ENDING JUNE 30, 1981, IN THE SUM OF TWO HUNDRED TWO MILLION, EIGHT HUNDRED FIFTY-TWO THOUSAND, ONE HUNDRED TWENTY DOLLARS ($202,852,120) FOR OPERATIONS AND FIFTY-SEVEN MILLION, SEVENTY-TWO THOUSAND, ONE HUNDRED FIFTY-EIGHT DOLLARS ($57,072,158) IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY. WHEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the City for the fiscal year beginning July 1, 1980, and ending June 30, 1981, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating TWO HUNDRED FIFTY-NINE MILLION, NINE HUNDRED TWENTY-FOUR THOUSAND, TWO HUNDRED SEVENTY-EIGHT DOLLARS ($259,924,278) consisting of FIFTY-SEVEN MILLION, SEVENTY-TWO THOUSAND, ONE HUNDRED FIFTY-EIGHT DOLLARS ($57,072,158) in interfund transfers and TWO HUNDRED TWO MILLION, EIGHT HUNDRED FIFTY-TWO THOUSAND, ONE HUNDRED TWENTY DOLLARS ($202,852,120) for operations or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 1980-81, submitted by the City Manager on the date of March 31, 1980 are hereby appropriated, sub- ject to the conditions hereafter set forth, for the year 1980-81, for the use of the several departments and speeially designated funds of the City Government, and for the purposes hereafter mentioned, as set forth in said Annual Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 1980 and ending June 30, 1981 as follows: S-66 5/12/80 -62- Budget Item of Expenditures 1980-1981 GENERAL FUND: Legislative Department: Municipal Council $ 767,034 City Clerk 127,300 Total $ 894,334 Executive Department: City Manager $ 217,874 Public Information Office 222,764 Grants Unit 82,755 Office of Emergency Services 158,900 Office of Emergency Medical Services 308,216 Total $ 990,509 Law Department: City Attorney $ 504,860 Finance Department: Commissioner of the Revenue $ 887,378 Board of Equalization 14,130 City Real Estate Assessor 636,068 Treasurer 1,041,613 Director of Finance: Administration 145,559 Research 108,283 Budget 138,418 Accounting 481,433 Payroll 96,108 Business License 157,061 Independent Auditing 50,000 Purchasing 169,812 Total $ 3,925,863 Personnel Department: Administration $ 71,958 Employee Relations 147,105 Testing and Selection 104,082 Wage and Salary 126,791 Total $ 449,936 Judicial Department: Circuit Court $ 100,856 General District Court 13,374 Juvenile and Domestic Relations Court 12,659 Commonwealth's Attorney 568,538 Commonwealth's Attorney - Social Services Fraud 42,625 High Constable 218,650 Clerk of the Circuit Court 188,841 Magistrates 5,890 Sheriff's Office 234,952 S-67 5/12/80 -63- Budget Item of Expenditures 1980-1981 Judicial Department: (concluded) Correctional Operations: Court Support Services $ 170,249 Treatment 437,778 Custodial 1,219,566 Juvenile Probation: Management and Support 269,642 Intake Unit 194,241 Diversion Unit 117,866 Field Units 339,667 Total $ 4,135,394 Health Department: Preventive Medicine 652,709 City Physician 161,105 Total $ 813,814 Social Services Department: Director of Social Services $ 3,637,720 Public Assistance 1,498,900 Hospitalization 265,000 Total $ 5,401,620 Department of Police: Administration: Chief's Staff $ 388,097 Personnel and Training 179,696 Services Division: Police Records 397,740 Warrants, Inventory and Evidence Unit 265,287 Police Identification 299,393 Uniform Division: Auxiliary Police 34,078 Patrol and Adminstrative Support 5,309,831 SPOT 1,592,240 Communications Division 1,419,827 Investigative Division 2,374,149 Animal Control 481,862 Medical Examiner 4,500 Total $ 12,746,700 PUBLIC WORKS DEPARTMENT: Administration: Director's Staff $ 169,052 Real Estate Office 211,285 Business Office 110,326 Highway Division: Administration 198,802 Inspections 198,428 Street Construction 882,458 Street Maintenance 3,501,382 S-68 5/12/80 -64- Budget Item of Expenditure 1980-1981 Department of Public Works: (concluded) Highway Division: (concluded) Drainage Maintenance $ 942,887 Bridge Maintenance 410,063 Engineering Division: Administration 352,773 Surveying and Mapping 705,744 Drafting 186,444 Waterfront Operations/Inspections 100,282 Special Projects 82,133 Building Construction 97,099 Inspections 305,543 Traffic Engineering Division: Design and Administration 825,165 Traffic Operations 1,252,746 Solid Waste Division: Solid Waste Administration 118,817 Refuse Disposal 741,175 Refuse Collection 5,296,016 Sanitation Inspections 145,153 Back Bay Salt Water Project 58,383 Erosion Commission 1,210,612 Total $ 18,102,768 Parks and Recreation: Direetor of Parks and Recreation $ 200,935 Parks and Maintenance: Administration 178,446 Construction and Maintenance 1,489,122 Parks and Beaches 825,893 Shuttle Bus 195,740 Recreation: Virginia Beach Recreation Center (Kempsville) 611,135 Bow Creek Recreation Center 186,413 Administration 184,168 Adult Activities 378,081 Youth Activities 495,794 Athletics 295,659 Total $ 5,041,386 Library epartment: Administration $ 252,173 Branch Libraries: Great Neck Branch Library 164,122 Bayside Branch Library 184,339 OceAnfront Branch Library 164,604 Kempsvil 'le Branch Library 176,907 Windsor Woods Branch Library 193,079 Reference Services 323,741 Extension Services 120,241 Special Services 89,178 Technical Services 239,496 Total $ 1,907,880 S-69 5/12/80 -65- Budget Item of Expenditure 1980-1981 Planning Department: Management and Support: Administration $ 208,904 Informational Management and Statistical Support 86,523 Drafting 80,210 Comprehensive Planning 140,152 Operations 135,401 Total $ 651,190 Department of Agriculture: Administration $ 86,967 VPI Extension 137,170 Environmental Services 47,583 Total $ 271,720 Department of Economic Development: Administration $ 209,156 Civic Center 50,573 Tourist Development 1,058,271 Industrial Development 342,627 Convention Development 167,648 Pavilion 729,972 Total $ 2,558,247 Department of General Services: Administration: Director of General Services $ 98,981 Employee Safety 73,991 Building Maintenanee: Management and Support 1,121,754 Electrical 246,844 Heat and Air Conditioning 408,882 General Maintenance 1,083,979 Custodial 1,251,714 Landscape Division: Superintendent of Landscape Services 357,005 Grounds Maintenance 895,634 Beautification 957,126 Mail Distribution 98,509 Total $ 6,594,419 Boards and Commissions: General Registrar $ 218,729 Zoning Board of Appeals 11,350 Arts and Humanities Commission 62,000 Mass Transit Operations 390,750 Wetlands Board of Virginia Beach 4,550 Mosquito Control Commission - Kempsville/Bayside 397,890 S-70 5/12/80 - 6 6 - Budget Item of Expenditure 1980-1981 Boards and Commissions: Mosquito Control Cormnission -Princess Anne $ 299,674 Mosquito Control Commission -Lynnhaven 387,300 Total $ 1,772,243 Insurance: Employee Training and Special Benefits $ 239,530 Fire Department: Administration $ 226,358 Fire Prevention 580,404 Fire Suppression 5,000,431 Training 212,063 Forestry 61850 Total $ 6,026,106 Department of Data Processing: Director's Office $ 147,887 Operations: Technical Support 332,062 Computer Operations 1,093,106 Data Entry 150,318 Quality Control 76,627 Central Files 184,598 Systems and Programming 717,366 Total $ 2,701,964 Department of Permits and Inspections: Administration $ 235,513 Consumer Protection 149,110 Housing Code Enforcement 115,833 Building Inspections 492,647 Zoning Code Enforcement 131,461 Total $ 1,124,564 Department of Mental Health: Board Administration $ 123,915 Comprehensive Mental Health: Program Clinical Support 240,644 Consultation and Education 140,653 Outpatient Services 173,326 Adult Day Treatment 206,738 Emergency Services 179,699 Children'8 Services 155,119 Mental Retardation/Developmental Disability: Administration 102,434 Residential Services 69,038 Adult Activity Center 162,552 Transportation Program 61,760 Respite Care Program 33,652 S-71 5/12/80 6 7 - Budget Item of Expenditure 1980-1981 Department of Mental Health: (concluded) Comprehensive Substance Abuse: Other Drug Services $ 390,648 Alcohol Services 74,712 Alcohol Safety Action Program 83,140 Total $ 2,198,030 Transfer to Other Funds: $ 53,754,287 Reserve for Contingencies: Regular $ 43i,500 Salary Adjustments 4,200,000 TOTAL GENERAL FUND $ 137,438,864 WATER AND SEWER FUND: Department of Public Utilities: Director's Office $ 133,427 Engineering 1,079,220 Water Production/Resources 4,214,637 Operations Administration 319,917 Water Distribution 1,483,446 Water Pump Stations 302,988 Sewer Collection 1,043,418 Sewer Pump Stations 1,352,809 Customer Services 1,772,357 Total $ 11,702,219 Revenue Bond Debt Service: $ 4,135,662 Transfer to Other Funds: $ 3,265,721 Reserve for Contingencies: Regular $ 150,000 Salary Adjustments 192,000 TOTAL WATER AND SEWER FUND 19,445,602 SCHOOL OPERATING FUND: Department of Education: Administration $ 969,107 Research, Planning and Development 127,289 Instruction 49,417,883 Other Instructional Cogts 7,064,086 Attendance and Health 992,274 Pupil Transportation 3,731,337 Operation of School Plant 5,504,888 Maintenance of School Plant 3,036,384 Fixed Charges 13,782,841 Summer School 402,305 S-72 5/12/80 68- Budget Item of Expenditure 1980-1981 SCHOOL OPERATING FUND: (concluded) Department of Education: (concluded) General Adult Education $ 145,159 Basic Adult Education 197,320 Vocational Adult Education 191,406 Capital Outlay 281,762 TOTAL EDUCATION $ 85,844,041 LAW LIBRARY FUND: Law Library 23,967 GRANTS CONSOLIDATED FUND: Judicial Department: Pendleton Child Service Center $ 438,408 Department of Mental Health: Mental Retardation/Developmental Disability-Community Trust 18,890 TOTAL GRANTS CONSOLIDATED FUND $ 457,298 BOARDWALK TRAINS ENTERPRISE FUND: Boardwalk Trains $ 45,073 Reserve for Contingencies 5,000 TOTAL BOARDWALK TRAINS ENTERPRISE FUND $ 50,073 GOLF COURSES ENTERPRISE FUND: Red Wing Golf Course $ 293,711 Bow Creek Golf Course 201,456 Reserve for Contingencies 7,500 TOTAL GOLF COURSES ENTERPRISE FUND $ 502,667 OWL CREEK TENNIS CENTER ENTERPRISE FUND: Owl Creek Municipal Tennis Center $ 17,177 Reserve for Contingencies 3,000 TOTAL OWL CREEK TENNIS CENTER ENTERPRISE FUND $ 20 177 FARMERS' PRODUCE MARKET ENTERPRISE FUND: Farmers' Produce Market $ 95,741 Reserve for Contingencies 3,000 TOTAL FARMERS' MARKET ENTERPRISE FUND $ 98,741 S-73 5/12/80 -69- Budget Item of Expenditure 1980-1981 VIRGINIA BEACH SPECIAL REVENUE FUND: Transfer to Other Funds $ 52,150 SIX BOROUGH SCHOOL DEBT FUND: Debt Service $ 341,818 BAYSIDE AND KEMPSVILLE BOROUGHS SCHOOL DEBT FUND: Debt Service $ 9,824 GENERAL DEBT FUND: Debt Service 15,386,906 VIRGINIA BEACH BOROUGH GENERAL DEBT FUND: Debt Service $ 52,150 WATER AND SEWER CAPITAL PROJECTS FUND: Transmission and Distribution $ 200,000 TOTAL BUDGET $ 259,924,278 Less: Interfund Transfers 57,072,158 NET BUDGET $ 202,852,120 S-74 5/12/80 7 0- Section 2. Subject to the provisions of Chapter 2, Article III, of the Virginia Beach City Code, the salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the maximum compensation to be paid for services rendered. The total of positions, shall be the maximum number of positions authorized for the various departments of the City during said fiscal year except changes or additions authorized by the Council and as hereinafter provided. The City Manager may from time to time increase or decrease the number of temporary positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefor. The City Manager is authorized to make such rearrangements of positions within and between bureaus, divisions, and departments named herein, as may best meet the uses and interests of the City. Section 3. All collections of delinquent City taxes shall be credited to the General Fund of the City by the Treasurer. Section 4. All collections of local taxes levied shall be credited to the General Fund of the City. Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such specially designated fund. Section 5. All tax abatements and tax supplements dated subsequent to June 1, 1981 for the FY 1981 tax year shall accrue to the General Fund of the City. Section 6. All balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business on the thirtieth (30th) day of June, 1981, except, as otherwise provided for, are hereby S-75 5/12/80 7 1 - declared to be lapsed into the surplus of the respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and shall be used for the payment of the appropriations which may be made in the appropriation ordinance for the fiscal year beginning July 1, 1981. Section 7. No department or agency receiving appropriations under the provisions of this Ordinance shall exceed the amount of its or his appro- priations except with consent and approval of the City Council first being obtained, but it is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each department or agency included in this Ordinance. The City Manager is hereby authorized to approve transfers for appropriations within any department or between departments in an amount not to exceed $10,000 in any single transaction, and further, he is authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction except as herein provided. The City Manager may limit expenditures to the classes of appro- priations as set forth in the budget document or as required by the State Auditor of Public Accounts if such requirements are different from the classes shown 4n the budget document. In addition, the City Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for across-the-board salary increases approved by City Council. Section 8. Nothing in this section shall be construed as authorizing any reduction to be made in the amount appropriated in this Ordinance for the payment of interest or bonds on the bonded debt of the City Government or the former political subdivisions of Virginia Beach and Princess Anne County. S-76 5/12/80 - 7 2 - Section 9. Allowances out of any of the appropriations made in this Ordinance by any or all of the City departments, bureaus or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed eighteen and one-half cents (18-1/2cts) per mile of actual travel for the first 15,000 miles and ten cents (10cts) per mile for additional miles of such use within the fiscal year. Section 10. All traveling expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses, meals and incidental expenses. The Director of Finance is specifically directed to withhold the issuance of checks in payment of expense accounts submitted for "lump-sum" amounts, except in the case of Council Members and employees of the School Board. Section 11. That this Ordinance shall be in effect from and after the date of its adoption. Section 12. That if any part or parts, section or sections, sentences, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. FIRST READING: 5 May 1980 SECOND READING:- 12 May 1980 APPPOVED AS TO CO@ITENT C,?AR-i @,,@,14T FOPM S-77 5/12/80 7 3 - (ITEM IT-J.2.a.2 ITEM #15167 Upon motion by Councilman Ervin, seconded by Councilman Baum, City Council voted to APPROVE ON SECOND READING the Ordinance to amend and reordain Section 17-11(a), (B) and (C), Chapter 17 of the Code of the City of Virginia Beach relating to Refuse Disposal. Vot ing: I 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne and Mayor Pat r ic k L . S taii cl L ii Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 Requested by; City Manager -74- AN ORDINANCE TO AMEND AND REORDAIN SECTION 17-11(A), (B) AND (C), CHAPTER 17 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO REFUSE DISPOSAL. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 17, Section 17-11(A), (B) and (C) are hereby amended and reordained as follows: Section 17-11. Disposal of Sanitary Solid Waste, etc., at City Disposal Areas. (A) Refuse Collected in the City. There shall be a fee of $6.00 per ton, or a $2.00 minimun charge for less than one ton, or any part thereof, for all sanitary solid waste, refuse, debris, or garbage generated solely within the City of Virginia Beach, Virginia deposited at the City refuse disposal areas, subject to the following exception: Residents of Virginia Beach, Virginia depositing sanitary solid waste, refuse, debris or garbage, generated solely from their household may deposit sanitary solid waste, refuse, debris or garbage, free of charge. (B) Private Fims Depositing Refuse Private sanitary solid waste, refuse, debris or garbage fiyins may deposit solid waste, refuse, debris, or garbage collected within the City of Virginia Beach, Virginia at the refuse disposal areas, free-of-eharge, subject to the provisions of paragraph (A), provided: 1. The proper City of Virginia Beach business license has been purchased and is current. 2. The vehicles transporting the sanitary solid waste, refuse, debris, or garbage have a current City of Virginia Beach City license decal displayed. 5/12/80 7 5- 3 . A refuse disposal permit has been issued by the Director of Public Works or his designatbd agent. Such permit shall be issued only upon the certification and affidavit by the applicant that all sanitary solid waste, refuse, debris or garbage will be generated and collected within the City of Virginia Beach. The fee for such per-mit shall be $25.00 per vehicle, per year or any part thereof. Such pemit shall expire December 31 of each year. Such permit decal shall be displayed on each vehicle listed in the pennit, as indicated on such decal. (C) Special Fee There shall be a fee of $-.35 $.75 per tire for cutting and disposing of tires. This ordinance shall be effective on and after July 1, 1980. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May -, 1980. FIRST READING:- May 5, 1980 SECOND READI@@G: May 12, 1980 JAR: kg 3/27/80 APPROVE[) A-5 TO 5/12/80 7 6 - (ITEM II-J.2.a.3) ITEM #15168 Upon motion by Councilman Baum, seconded by Councilm@n Ferrell, City Council voted to APPROVE ON SECOND READTNG the Ordinance establishing the tax levy on real estate for tax fiscal year 1981. Vot ing: 10 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf , J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 7 7 - AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1981 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON REAL ESTATE. There shall be levied and collected for fiscal year 1981 taxes for general purposes on all real estate, not exempt from taxation and not other- wise provided for in this Ordinance, on each one hundred dollars ($100) of assessed valuation thereof, based on the following rates: General Six Borough Total Rate Borough Government School Debt FY 1981 Bayside $ .66 $ .01 $ .67 Blackwater .66 .01 .67 Kempsville .66 .01 .67 Lynnhaven .66 .01 .67 Princess Anne .66 .01 .67 Pungo .66 .01 .67 Virginia Beach .66 - .66 The real property tax rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such real property except for public service real property which shall be on the basis as provided in Section 58-512.1 of the Code of Virginia, as atnended. S-78 5/12/80 7 8 - Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PROVIDED FOR IN SECTION 58-512.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED. There shall be levied and collected for general purposes for fiscal year 1981 taxes on all Public Service Real Property, which has not been equalized as provided for in Section 58-512.1, of the Code of Virginia (1950), as ainended, on each one hundred dollars ($100) of assessed valuation thereof at a rate to be determined in accordance with Section 58-514.2 of the Code of Virginia (1950), as amended. Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS REAL ESTATE. There shall be levied and collected for general purposes for fiscal year 1981 taxes on all real estate certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, on each one hundred dollars ($100) of assessed valuation thereof, based on the following rates: General Six Borough Total Rate Borough Government School Debt FY 1981 Bayside $ .66 $ .01 $ .67 Blackwater .66 .01 .67 Kempsville .66 .01 .67 Lynnhaven .66 .01 .67 Princess Anne .66 .01 .67 Pungo .66 .01 .67 Virginia Beach .66 - .66 The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property. S-79 5/12/80 7 9 - Section 4. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such d6cision shall not affect the validity of the remaining portion of this Ordinance. Section 5. EFFECTIVE DATE. This Ordinance shall be in effect from and after the date of its adoption. FIRST READING: 5 May 1980 SECOND READING:- 12 May 1980 Ar@l PC@NIED AS TO CONTE@IT S-80 5/12/80 -8 0 - (ITEM II-J.2.a.4) ITEM #15169 Upon motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City Council voted to APPROVE ON SECOND READING the Ordinance establishing the tax levy on personal property and machinery and tools for the calendar year 1981. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 -8 2- Borough Total Rate 1981 Bayside $ .67 Blackwater .67 Kempsville .67 Lynnhaven .67 Princess Anne .67 Pungo .67 Virginia Beach .66 The personal property rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such personal property. Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE TONS BURTHEN USED FOR BUSINESS OR PLEASURE. There shall be levied and collected for the calendar year 1981 for general purposes taxes on all boats or watercraft under five tons burthen used for business or pleasure, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be on the basis of forty-five percentum of the fair market value of such personal property. S-82 5/12/80 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1981. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for general purposes for the 1981 calendar year taxes on all tangible personal property, not exempt from taxa- tion and not otherwise provided for in this Ordinance, at the rate of six dollars ($6) on each one hunded dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of 45% of the fair market value of such personal property. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPERTY USED AS MOBILE HOMES OR OFFICES. There shall be levied and collected for general purposes for the calen- dar year 1981 taxes on all vehicles without motor power as defined in Section 36-71 of the Code of Virginia (1950), as arnended, used or designated to be used as mobile homes or offices or for other means of habitation by any person, on each one hundred dollars ($100) of assessed valuation thereof, based on the following tax rates: S-81 5/12/80 8 3 - Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for the calendar year 1981 for general purposes taxes on all tangible personal property certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this sec- tion shall be applied on the basis of 45% of the fair market value of such personal property. Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS, AND FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND POULTRY. There shall be levied and collected for general purposes for the 1981 calendar year, taxes on all farm machinery and implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for the nurture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($I) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of 45% of the fair market value of such personal property. Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS. There shall be levied and collected for the calendar year 1981 for general purposes taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($I) on each one hundred dollars ($100) of assessed valuation thereof. The tax imposed by this section shall be applied on the basis of 45% of the fair market value of such machinery and tools. S-83 5/12/80 -84 - Section 7. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8. EFFECTIVE DATE. This ordinance shall be in effect January 1, 1981. APpRo@,IED AS TO FIRST READING: 5 May 1980 SECOND READING: 12 May 1980 S-84 5/12/80 -8 5- (ITEM 11-J.2.a.5) ITEM #15170 Upon motion by Councilman Ferrell, sec,onded by Councilman Baum, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate $49,889 to charge-off a loan due from the Industrial Development Authority. Voting: 8-2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCo@, Jr., Donald W. Merrick, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: Roger L. Riggs 5/12/80 -8 6- AN ORDINANCE TO APPROPRIATE $49,889 TO CHARGE-OFF A LOAN DUE FROM THE INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, the Industrial Development Authority has an outstanding liability of $49,889 to the City of Virginia Beach in connection with the Lynnhaven Industrial Park, and WHEREAS, the Authority provided water and sewer lines from Virginia Beach Boulevard to Lyrmhaven Industrial Park in order to provide water and sewer to developers in the Park, and WHERF-AS, the City tapped into these lines in order to provide water and sewer service to others in the area and no credit for payment of the lines was given to the Authority, and WHEREAS, the Authority has requested that the outstanding debt of $49,889 be charged-off as equitable payment for the water and sewer lines provided by the Authority. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $49,889 be appropriated from the General Fund Balarce to charge-off the loan of the Industrial Development Authority for the Lynnhaven Industrial Park. This ordinance shall be effective from date of adODtion. Adopted by the Council of the City of Virginia Beach, Virginia on the Twelfth day of May 19 80 First Reading: 5 May 1980 Second Rea(ling: 12 May 1980 Certified to be a true excerpt from the minutes of the City Council of the City of Virginia Beach, Virginia, approved 12 May 1980 APpRovED AS TO C014T',NT Diane M. Hickman, Deputy City Clerk c,I7r: 5/-12/80 - 8 7 - F I R S T R E A D T N C S (ITEM tI-J.2.b.1) TTEM #15171 AN ORDINANCE TO ACCEPT GRANTS TOTALLING $74,941 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Police Department wishes to continue its Police Training Program for selected members of the Department; and WHEREAS, the Commonwealths' Attorney wishes to continue the improved administerative control and direction in his office and the intensive administrative support to the Major VLC,Iator Unit; and, WHEREAS, the Division of Justice and Crime Prevention (DJCP) has awarded the City Grants to fund the above programs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is liereby authorized to accept the Grants for the City, and funds hereby appropriated, for the following purposes; Estimated Revenue Local Total From Other Agencies Match o riations Police Training $17,119 $ 901 $18,020 Commonwealths' Attorney Office Manager 22,541 34,380 56,921 $39,660 $35,281 $74,941 That the appropriations be financed by $39,660 estimated revenue from the DJCP, and a local cash match of $35,281 to be transferred from Unappropriated Fund Balance; and, 5/12/80 88- That a total of three personnel positions for the Office Manager Program be hereby authorized for t@e duration of the Grant, to be paid from the Grant, with classes of employees to be determined by the City Manager. This Ordinance shall be effective from date of adoption. FIRST READING: 12 May 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 1980. Upon motion by Councilwoman Oberndorf, seconded by Mayor Standing, City Council voted to APPROVE ON FIRST READING the Ordinance to accept Grants totaling $74,941 from the Division of Justice and Crime Prevention and to appropriate these funds. Vot ing: 10 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 8 9 - (ITEM II-J.2.b.2) ITEM #15172 Requested by: City Manager AN ORDINANCE TO ACCEPT $18,606 FROM THE DEPARTMENT OF HOUSING AND ITRBAN DEVELOPMENT AND TO APPROPRIATE THESE FUNDS. WHEREAS, the Department of Housing and Urban Development (HUD) has released funds in the Fourth Program Year of the Community Development Block Grant (CDBG) to purchase a Mobile Activity Center; and, WHEREAS, the City wishes to accept these funds in order to provide recreational activities to citizens in the CDBG target area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be authorized to accept funds for the City, and funds be appropriated for the following purpose: Total Appropriations Mobile Activity Center $18,606 That the appropriations be financed 100% by HITD, with no local match required. FIRST READING: 12 May 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. This Ordinance shall be effective upon date of adoption. 5/12/80 -9 0- Upon motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted to APPROVE ON FIRST READING the Ordinance to accept $18,606 from the Department of Housing and Urban Development and to appropriate these funds. Voting: 1 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Roger L. Riggs 5/12/80 -91- N E W B U S I N E S S (ITEM II-K.1) ITEM #15173 Council deferred consideration of the Abstracts of Votes in the May 6, 1980 Councilmanic election until the meeting of May 19, 19 8 0 . (ITEM II-K.2) ITEM #15174 Councilman Merrick advised Council of several vacancies to the ARTS AND HUMANITIES COMMISSTON (available in Jul,), and reqtlested I appointments be made to the Commission the first meeting in June (June 9, lq8O). (ITEM II-K.3) TTEM #15175 Councilwoman Henley requested the Confidential Resume for Boards and Commissions be reviewed and possibly chan@.ed; and, requested a public notice be made available to the citizens of Virginia Beach stating Council is accepting resumes for Boards and Commissions. Mayor Standing advised Council he requested the City Clerk to advise the Chairpersons of the Boards and Commissions of the upcoming appointments and requested the Clerk to indicate in the letter Council is accepting resumes for new appointments. A D J 0 U R N M E N T ITEM #15176 Upon motion by Councilman Ervin, seconded by Councilman Baum, and by ACCLAMATION, the meeting adjourned at 4:45 p.m. Diane M. Hickman, Deputy City dlerk Ru@h Hodges S@ith, City Clerk MAyor Patrick L. ding@@ City of Virginia Beach, Virginia 12 May 1980 5/12/80 h