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HomeMy WebLinkAboutJANUARY 28, 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.,..gh VICE MAYOR 1. HENRY M,COY JR., D.D.S., K@.p,,ill@ B@,..gh DONALD 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.,..gh GEORGE R. FERRELL, A, L.,g@ ROGER L, RIGGS, Vigi@i. B@.,h B.,..gb BARBARA M. HENLEY, P.@g. B@-.gb RUTH HODGES SMITH, Cily Cl@,k CITY COUNCIL AGENDA ITE14 I INFORMAL SESSION: Monday, 28 January 1980 - 5:30 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. Joint Meeting of Virginia Beach School Board and City Council: Presentation by officials of McGaughy, Marshall & McMillian on Cox High School and Recreation Center. 2. "City Hall - A Walking Tour": Slide presentation. ITEM II FORMAL SESSION: Monday, 28 January 1980 - 7:00 p.m. A. INVOCATION - Reverend Dean A. Hertzler Grace Bretheran Church B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve Minutes of 21 January 1980 E. RESOLUTIONS 1. Resolution In Memory of Charles H. Forbes, Jr. F. 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 dis- cussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered sepa- rately. 1. An Ordinance authorizing certain events conducted on City property to be exempt from the prohibition from working or transacting business on Sunday. a. City Manager's letter recommends adoption. ITEM II F. CONSENT AGENDA (continued) 2. Bingo/Raffle permits as follows: Temple Emanuel (renewal) Bingo/Raffle Commodore Lodge #3, Fraternal order of Police (renewal-) Bingo a. City Manager's letter recommends approval. 3. Request of John T. Atkinson, City Treasurer, for tax refunds in the amount of $1,182.18. a. City Manager's letter recommends approvai- G. PLANNING ITEMS 1. Application of Seawall Enterprises, Inc., for a change of zoning from R-8 Residential District to R-9 Residen- tial District on two parcels, totalling 5.14 acres, 10- cated on both sides of Northampton Boulevard, between Lauderdale Avenue and Lookout Road - around the peri- meter of Pleasure House Lake (Bayside Borough) DEFERRED ON DECEMBER 17, 1979 UNTIL THTS DATE a. Letter from the City Manager transmitting tl)e recommendation of the Planning Commission for DENTAL. 2. Application of Rachael M. and Lawrence Kurtz for a change of zoning from R-5 Residential District to 1-1 Light Industrial District on a 4.548 acre parcel loca- ted on the west side of South Birdneck Road, south of Beautiful Street (Lynnhaven Borough). a. Letter from the City Manager transmitting tlie recommendation of the Planning Commission for DENIAL. 3. Application of Fred H. Feller for a conditional use permit for recreational facilities of an outdoor nat- ure (fishing) on a site located on the east side of Southside Road, south of its intersection with Old Rudee Boulevard (Lynnhaven Borough). a. Letter from the City Manager transmitting tile recommendation of the Planning Commission for APPROVAL. 4. Application of Charles Stanley Davis, Jr., M.D., for a conditional use permit for three horses on a 10- acre parcel located on the south side of Gilbert Circle, west of South Spiegel Drive (Lynnhaven Borough). a. Letter from the City Manager transmitting the recommendation of the Planning Commission for APPROVAL. ITEM II G. PLANNTNG ITEMS (continued) 5. Application of @funter J. Vick for a conditional use permit for a home occupation (piano lessons) on a 1.78 acre parcel located on the west side of North Great Neck t@oad, nortli of North Wolfsnare Road (Lynnhaven Borough). a. Letter from the City Manager transmitting the recommendation of the Planning Commission for APPROVAL. 6. Application of Salem United Methodist Church for a conditional use permit for a church and additions on a 3.349 acre parcel located on the west side of Salem Road, north of Elbow Road (Kempsville Borough). a. Letter from the City Manager transmitting the recommendation of the Planning Commission for APPROVAL. 7. Application of Wallace Construction Company for a conditional use perinit for dune disturbing activity on a .45 acre parcel located on the east side of Sandfiddler Road, north of Bluefish Lane (Princess Anne Borough). a. Letter from the City Manager transmitting the recommendation of the Planning Commission for APPRDVAL. 8. Application of Keitti E. and Iris H. Blain ir a con- ditional use permit for a tiome occupation (portrait studio) on a .36 acre parcel located oti the n@,rth side of Providence Road, east of Baltor Drive (Kempsville Borough). a. Letter from the City Manager transmitting the recommendation of the Planning Commission for DENIAL. 9. Application of Thomas G. Dudley for a variance to Sec- tion 4.4(b), 4.1(m), 5.5(a & b) and 5.6 of the Subdivi- sion Ordinance, whicli requires IOL dimensions to con- form to the Comprehensive Zoning Ordinance, as well as minimum street paveinent widths, curb and gutter, drain- age facilities, and sidewalks. He wishes to subdivide an approximate 1.25 acre site located on the east side of Woodstock Road into two lots. a. Letter from the City Manager transmitting tlie recom- mendation of the Planning Commission for APPROVAL. 10. Application of Margaret R. Taylor for a variance to Sec- tion 4.4(b) which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. She wishes to sub- divide a three-acre site located at tlie nortliern extre- mity to Taylor's Point Road into two lots. a. Letter from the City Manager transmitting the recom- mendation of Lhe Planning Department for APPROVAL. IT"I II H. ORDINANCES 1. General - None 2. Appropriations a. Second Readings 1. An Ordinance to enter into contracts totalling $1,055,786 with the Southeastern Tidewater Area Manpower Authority to continue the City's CETA- Title 11 and CETA-Title VI Employment Programs. b. First Readings 1. An Ordinance to accept $180,000 from the Depart- ment of Housing and Urban Development and to appropriate these funds. 2. An Ordinance to accept a grant totalling $2,480 from the Virginia Department of Transportation Safety of which $1,830 will be appropriated. 3. City Code Amendments - None 1. OLD BUSINESS 1. Council Matters J. NEW BUSINESS 1. Council Matcers K. ADJOURNMENT 1. Motion for adjournment MINUTES OF THE HONORABLE CITY COUNCIL of the CITY OF VIRGINIA BEACH, VIRGINIA January 28, 1980 The regular 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, January 28, 1980, at 5:30 p.m. Council Members Present: John A. Baum, George R. Ferrell, Barbara M. Henley, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Absent: F. Reid Ervin, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr. and Donald W. Merrick ITEM #14702 Mayor Standing entertained a rnotion to permit Council to conduct an INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline, or resignation of public officers, employees of any public body. (Personnel Matters) 2. Discussion or consideration of the condition, acquisi- tion or use of real property for public purpose, or other disposition of publicly held property. (Acquisi- tion, use or disposition of publicly held ert@ 3. Consultation with legal counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal tlatters) Motion by Councilman Payne, seconded by Councilman Baum, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION: Voting: 7-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing 1/28/80 -2- Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr. and Donald W. Merrick **Councilman Merrick arrived at 5:32 p.m. **Vice @layor McCoy arrived at 5:36 p.m. **Councilman Holland arrived at 5:47 p.m. ITEM #14703 Slide and verbal presentation by Donald Riddick, AIA, Project Engineer of McGaughy, Marshall and McMillian for the proposed combination Cox High School and Recreation Center. ITEM #14704 Slide presentation by the Public Information Office entitled "City Hall - A Walking Tour". ITEM #14705 Councilman McCoy distributed a drawing showing Ferrell Parkway connecting with Indian River Road and expressed the concern of the community for the school bus traffic congestion. ITEM #14706 Councilman Riggs asked the City Manager's advice as to the activity on the Old Fuel Feed site at 19th and Pacific Avenue for the construction of added parking facilities. ITEM #14707 Councilman Riggs asked the City Manager's assistance in Public Notice of the Towing Ordinance adopted by the Council. 1/28/80 - 3- FORMAL SESSION ITEM #14708 Monday, January 28, 1980 7:00 p.m. Council Members Present: John A. Baum, George R. Ferrell, Barbara M. Henley Vice Mayor J. lienry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Absent: F. Reid Ervin and Clarence A. Holland INVOCATION: Reverend Dean A. Hertzler, Grace Bretheran Church PLEDGE OF ALLEGIANCE (ITEM II-D.1) ITEM @414709 MINUTES Motion by Councilman Ferrell, seconded by Councilman Baun, City Council voted to APPROVE the Minutes of the Regular Meeting of January 21, 1980, with a correction to ITEM #14682 as follows: Mr. Adrian Bailey, Jr., Atterigey Voting: 8-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald tl. Merrick, j. rurtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: Meyera E. Oberndorf Coun(fil Members Absent: F. Reid Ervin and Clarence A. Holland 1128180 -4- **Councilman Holland entered at 7:01 p.m- ITEM #14710 oop 66 and Scout Master Bob Barrett Mayor Standing recognlzed Boy Scout Tr who were in attendance at the Council Meeting. Scout Master Barrett thanked the Council for allowing Troop 66 to attend the meeting. (ITEM II-E.1) ITEM #14711 RESOLUTION Mayor Standing presented the following Resolution to the family of Charles H. Forbes, Jr. Mrs. Forbes introduced her son to Council as the new President of Forbes' Candy Company: Mr. Lee Forbes Motion by Councilman Payne, seconded by Councilwoman Oberndorf. City Council voted to APPROVE the following Resolution: Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley Clarence A. Holland, @Vice Ma.yor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E.Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent-. F. Reid Ervin 1/28/80 -5- A RESOLUTION HONOR7NG THE ME@FORY OF CHARLES H. FORBES, JR. it with /,incete ieg@et that the V@Aninia Beacli C,E,ty Councit ackpioteeedge,s the death oll Chwaez H. Fokbez, JIL. As a City 4s onty @ ,stAong a6 het t ide , the fo6,6 o6 any inctividuay i,5 O/ef-t. Mt. Fotbes' achieveme in busine5,s and in voy-u ty endeavo mctaked a vety 5peciGI p,Eace @oiL him in oLm community. WHEREAS, os a bu,5in 5man, he wo-s the Foundek and P,,L ident o6 Fo b Candy Company; and, WHEREAS, he wa6 the Founde@ o6 the Vi@jri a Beach @,lusic Fe,5tivat, an annuat event which paovid@ the oppo@u y 3'oi hun@@ o6 high schoot /,tudei@ 6,toni thtoughout the United State6 to p cipate in band cornpv-t@tion; and, (VHEREAS, he iekved cL6 a DiAecto@ o6 the V@,Lgi@a Beach Chambe)t o@ Comme)Lce, @ a Civ De@e e Cook natoa, P)i ideitt oh' the Vi qi a Beach Sh ne Ctub; and, WHEREAS, he woz a membea o@ the Kliedive Shiine Tem@oCe, the Roy@ O,tde)t o6 J te , the V@gi@a Beach @ia6o c Lodjce, the Ocean Hig@,jay Commi5,5ion, and the Big Btotheu IBig Si teu; and, WHEREAS, the,5e outstanding cornmu y endeavolbs ted to 6ete on a,5 "King Neptune" in 7976 and cL6 "Fimt Citizen o@ ViAginia Beach" iii 1977: NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF TtlE CITY OF VIRGINIA BEACH, thtough t ResoZution, ackonowtedga the many co b on's made to th City by Ch@ez H. Fo@b , J)t.; exp)L@,se,6 .5ince)te 5o"oto at hi,s Eo6,5, which b5 aU o6 Viiginia Beach'6 Zc,6 ; and, tequn that the City C,eeAk tAan,5mit a copy oi t Re5ot on to membe oi his i y. 1/28/80 6- ITEM #14712 Mr. Charles Hale appeared before Council and presented Council Members with an armband acknowledging the 50 Hostages in Iran and requesting the City Council (and others who would) to wear this armband identifying their concern for this world crisis. ITEM #14713 Mayor Standiiig read the following Resolution honoring four (4) Council Ilembers whose Birthdays are in February: R E S 0 L U T I 0 N HONORING FOUR AQUARIANS OF NOTE Most horoscopes (Super Horoscopes' Compatibility Guide) agree that of all signs of the Zodiac, Aquarius is perhaps the most progressive. People born under this sign are usually quite tolerant and broad minded. They are 50 years ahead of their time. As a rule, they are unselfish and peace loving. They are often more interested in helping others than themselves. They think of mankind on a very broad scale. WHEREAS, an Aquarian does not believe in hanging on to old useless values and is for progress and harmony; and, WHEREAS, an Aquarian is a person with a purpose in mind; and, WHEREAS, an Aquarian is interested in groups, how they are structured and their behavorial patterns; and, WHEREAS, an Aquarian surprises many people. NOW, THEREFORE, BE IT NOTED that the following Aquarians will have birthdays on the following dates: John A. Baum February 11, 1980 F. Reid Ervin February 17, 1980 J. Henry McCoy, Jr., DDS February 15, 1980 Meyera E. Oberndorf February 10, 1980 and that birthday greetings and best wishes are extended to these individuals from Members of Council. 1/23/80- - 7- (ITEM II-F.1) ITEM #14714 CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WIL.L BE ENACTED BY ONE MOTION Irl THE FORM LISTED: On motion by Councilman Payne, seconded by Councilman Riggs, City Council voted to APPROVE the following Ordinance authorizing certain events conducted on City property to be exempt from the prohibition from working or transacting business on Sunday: Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. tlerrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council tlembers Absent: F. Reid Ervin 1/28/80 -8- AN ORDINANCE AUTHORIZING CERTAIti EVENTS COP;DUCTED ON CITY PROPERI-Y TO BE EXEMPT FROM -@Hr PROHIBI-7IOr FROM WORKING OR TRANSACTITTG BUSINESS ON SUIIDAY WHEREAS, Section 18.2, Code of Virqinia (1950) as amended, requires the Citv Council of the City of Virginia Beach to designate on a case-by-case basis the events which are exempt from working or transacting business on Sundays; and, WHEREAS, the folloviing Citv property has been designated by the Council of the City of Virginia Beach for the following dates, as the site for tlie following events: Date City Property Event 7/4-6/80 Virginia Beach @,TVAB Beach Show Civic Center (featurinq exhibition and sale of leisure and recreational products) 9/19-21/80 virainia Beach Plid-Atlantic Wildfo@,il Civic Center Show (featuring exhi- bition of art, artifacts, carvincs, and related works and sale of same) BE IT ORDAITTED BY THE COU@ICII, OF THF CI--Y OF VIRGI@IIA BEACEI, VIRGINIA: -.hat the above-mentioned events are exempt from the prohibition of working or transactina business on Sunday as provided by general law. -,hat the City Clerk is directed to forward a certified copy of this Ordinance to the Commonwealth Attorney. ADOPTFD BY TIJF COLJI@CII, nF -HF CII-Y OF VIR(,INIA P-FACFT, VIRGIt]IA, on the 28th dav of January 1980. JDB/er/vp 1/2 3/8 0 (12) 1 /23/80 - 9- (ITEM II-F.2.) ITEM #14715 On motion by Councilman Payne, seconded by Councilman Riggs, City Council voted to APPROVE the following Bingo/Raffle permits: I Temple Emanuel (renewal) Bingo/Raffle Commodore Lodge #3, Fraternal Order of Police (renewal) Raffle Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and @layor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 1/28/80 -1 0- (ITEM II-F.3.) ITEM # 14716 On motion by Councilman Payne, seconded by Councilman Riggs, City Council voted to APPROVE the following tax refunds in the amount of $1,182.18: VOTING: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr. Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 1/28/80 -1 2- (ITEM II-G.1) ITEM #14717 PLANNING AGENDA Mr. Jerry Denton appeared on behalf of Seawall Enterprises requesting an indefinite deferral pending disposition of the court case concerning a petition for declaritory judgement involving the substance of the appli- cation. Those appearing in opposition: James Pickrell, Attorney Robert Smith presented PETITIONS which are on FILE in the City Clerk's Office. Judy McReynolds Helen C. Irving Paul Horstman @lotion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission for DENIAL of the application of Seawall Enterprises for a Change of Zoning, as per the following: Ordinance upon application of Seawall Enterprises, Inc., for a Change of Zoning District Classification from R-8 Residential District to R-9 R6si-dential Town- house District on parcels located at the Southeast and Southwest intersection of Lauderdale Avenue and Northampton Boulevard. Parcel 1: Beginning at the Southeast intersection of Lauderdale Avenue and North- hampton Boulevard, running a distance of 155 feet along the East side of North- hampton Boulevard, running a distance of 750 feet more or less along the Southern property line and running a distance of 800 feet more or less along the Northern property line. Parcel 2: Beginning at the Southwest intersection of Lauderdale Avenue and North- hampto@Boulevard, running a distance of 285 feet more or less along the @iest side of Northampton Boulevard, running a distance of 500 feet more or less in a North- westerly direction, running a distance of 20 feet in a Southerly direction, running a distance of 480 feet more or less in a Southeasterly direction, running a dis- tance of 140 feet more or less along the West side of Northampton Boulevard, running a distance of 500 feet more or less along the Southern property line, running a dis- tance of 320 feet more or less along the Western property line and running a distance of 600 feet more or less along the South side of Lauderdale Avenue. Parcels contain 5.14 acres. BAYSIDE BOROUGH Voting: 10-0 Council Members Voting Aye: (for denial) John A. Baum, George R. Ferrell, Barbara M. Henley Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin The above mentioned petitions have been made a part of these proceedings. @6@ 1/28/80 ORDI@@l/,@@;CE 1,UEIIORIZII@G T/,X R@'FU@-, T)S D -a t @l- 8@O UPO'L; APPLICATIOII OF CFR'I'All" PI.RSO@NS AND UPOI; CERTIFICATION OF-THE TREASURER BE IT ORDAINED BY THE COU@CIL OF TliE CITY OF VIRGINIA BEACH, VIRGI.@IIA: That the follo@,;in@ appl.ications for tax refunds upon certification of e Treasurer are hereby approved: $1182.18 Toaii $ TAX iTYPE TICKET FXOIIER- DA'I'E A14E YEA@ OF TAX- NU,-IBFR TION l@( PAID @ENALRY 11,IT TOTAT- buch, Mary 1,;. 79 CD 69865 10/7/79 7.50- rner, Steven C. 80 CD 87355 1/10/80 15.00- urner, Steven C. 80 CD 87354 1/10/80 15.00- iven, Raymond A. 80 CD 16594 1/9/80 15,00- oyes, Arthur L. 80 CD 79943 1/3/80 15.00 - ides, Willie G. 79 CD 70973 12/7/79 15.00- errell, Milton C. 80 RE 73750-2 (1/2) 12/4/79 46.41-- 6rrell, Milton C. 80 RE 73750-2 (2/2) 12/4/79 46.41- arrison, Charles 79 pp 130059 12/5/79 28.00-- ar'tin, Everett A. 77 RE 39984-6 (6mo) 5/19/78 18.00 artin, Everett A. 78 RE 41229-6 (1/2) 12/1/77 17.40 artin, Everett A. 78 RE 41229-6 (2/2) 6/1/78 17.40 rtin, Everett A. 79 RE 43220-0 (1/2) 12/5/78 22.00 artin, Everett A. 79 RE 43220-0 (2/2) 6/5/79 22.00 therf.dge, Wm. C. Sr 77 RE 19207-9 (6mo) 6/3/77 8.40- theridge, l@,m. C. Sr 78 RE 20167-4 (1/2) 11/17/77 8.5r)- theridge, I,'M. C. Sr 78 RE 20167-4 (2/2) 6/1/78 8.50- theridge, Wm. C. Sr 79 RE 21291-0 (1/2) 12/5/78 7.49- th6ridge, Wm. C. Sr 79 RE 21291-0 (2/2) 6/4/79 7.49- ohnson, K. R. 79 pp 129764 12/5/79 810.00@ ol.lard, Robert L. 79 pp 124130 12/4/79 31.r)S- The above abatement(s) totaling as t 0 / / ,.z. @ were approved by the Council @f the City of.Virginia Beach on the day of @ /?'@o K@00 , Treasure Approvcd as-to fonn: Rutli ii. Smi City Clerk -/ ;@,; @i @/,\ C @ t 6@, c (t I Z( 'liale' l@inson, CiL@ V -1 3- (ITEM II-G.2) ITEM #14718 Mr. Calvin Spain, Attorney, represented tlie applicant. Commander Jackson, NAS Oceana, appeared in favor of the application. Those appearing in opposition: Rosalee Norman Sam Houston Reverend Charles E. Williams Themotion by Councilman Merrick, seconded by Councilman Holland, to APPROVE the application of Rachael M. and Lawrence Kurtz for a Change of Zoning District Classification from R-5 Residential District to B-2 Community Business District (modified from 1-1 Light Industrial District) which is the same as property be- low it and would give the applicant access to the property. The recorded vote on the above motion is as follows: Voting: 4-6 Council Members Voting Aye: (for approval) George R. Ferrell, Clarence A. Holland, Donald W. Merrick and J. Curtis Payne Council Members Voting Nay: John A. Baum, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, Roger L. Riggs and Mayor Patrick L. Standing Council @lembers Absent: F. Reid Ervin The above motion to APPROVE the application of Rachael M. and Lawrence Kurtz for a Change of Zonin ct Ilassification from R-5 Residential District to 8-2 ' ' rici TM Community Business Dissttr dified from 1-1 Light Industrial District), was LOST. On motion by Councilman Riggs, seconded by Vice Mayor McCoy, City Council voted to DENY the Ordinance upon application of Rachael M. and Lawrence Kurtz for a Change of Zoning District Classification from R-5 Residential District to 1-1 Light Industrial District): 1/28/80 -14- Ordinance upon application of Rachael M. and Lawrence Kurtz for a Change of Zoning District Classification from R-5 Residential District to I-I Light Industrial District on certain property located on the West side of South Birdneck Road beginning at a point 801.18 feet South of Beautiful Street, running a distance of 207.20 feet along the West side of South Birdneck Road, running a distance of 1012.89 feet along the Southern property line, running a distance of 200.61 feet along the Western property line and run- ning a distance of 961.32 feet along the Northern property line. Said parcel contains 4.548 acres. LYNNHAVEN BOROUGH Voting: 9-1 Council Members Voting Aye: (for denial) John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: Donald W. Merrick Council Members Absent: F. Reid Ervin 1/28/80 -1 6- (ITEM II-G.4) ITEM @14720 Mr. V. A. Etheridge, Attorney, represented the applicant. On motion by Councilman Merrick, SSeconded by Councilman Riggs, City Council voted to APPROVE the Ordinance upon application of Charles Stanley Davis, Jr., M. D. for a Conditional Use Permit for three horses; suject to the conditions as recommended by the Planning Commission: ORDINANCF UPON APPLICATION OF CHARLES R0180297 STANLEY, JR., M. D. rOR A CONDITIONAL USE PERMIT FOR THREE HORSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Charles Stanley Davis, Jr., M. D. for a Conditional Use Permit for three (3) horses on certain property located on the South side of Gilbert Circle beginning at a point 130 feet more or less West of South Spiegel Drive, running a distance of 240 feet along the South side of Gilbert Circle, running a distance of 790 feet more or less in a Southwesterly direction, running a distance of 600 feet in a Northeasterly direction, running a distance of 320 feet in a Northerly direction and running a distance of 100 feet in a Northeasterly direction. Said parcel contains 10 acres more or less. LYNNHAVEN BOROUGH Approval is subject to the following conditions in conjunction with the intended use of the land: 1. This application will be limited to three (3) horses. 2. Approval.is for a period of three (3) years. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of January, 1980. Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Hpnley, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Panye, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: tione Council Members Absent: F. Reid Ervin 1/28/80 -1 5- (ITEM II-G.3.) ITEM -114719 Mr. Fred Feller appeared in behalf of his application. On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted to APPROVE the Ordinance upon application of Fred H. Feller for a Conditional Use Permit for recreational facilities of an outdoor nature (fishing); subject to the two (2) conditions outlined in the City Manager's letter: ORDINANCE UPON APPLICATIOt4 OF FRED H. R0180296 FELLER FOR A CONDITIONAL USE PERMIT OF AN OUTDOOR NATURE (fishing) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Fred H. Feller for a Conditional Use Permit for recreational facilities of an outdoor nature (fishing) on certain property lo- cated at the Southeast portion of Lot B-20 as shown on the plat entitled "Re- Plat of Rudee Heights, Princess Anne County, Virginia", dated December, 1950, which is located on the East side of Southside Road. LYNNHAVE;Q BOROUGH Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Approval is for a period of three years. 2. Restroom facilities must be provided, either permanent or portable in nature. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of January, 1980. Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin **City Manager indicated after the end of this three yeard period, if a request should be made for an additional three years, the City would be recommending full site improvements. 1/28/80 -1 7- (ITEM II-G.5) ITEM # 14721 Mrs. Hunter J. Vick moncure appeared in behalf of her application On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted to APPROVE the Ordinance upon application of Hunter J. Vick for a Conditional Use Permit for a home occupation (piano lessons); suject to the conditions as outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF HUNTER J. ROI 80298 VICK FOR A CONDITIONAL USE PERMIT for a home occupation (piano lessons) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Hunter J. Vick for a Conditional Use Permit for a home occupation (piano lessons) on certain property I-ocated on the West side of North Great Neck Road beginning at a point 384.17 feet North of North 14olf- snare Drive, running a distance of 26.95 feet along the West side of North Great Neck Road, running a distance of 460.94 feet along the Northern property line, running a distance of 229.79 feet in a Southwesterly direction, running a distance of 418.77 feet along the Southern property line, running a distance of 160.42 feet in a Northerly direction and running a distance of 200 feet in an Easterly direction. Said parcel contains 1.78 acres. LYNNHAVEN BOROUGH Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Approval of this request is for a period of two years. 2. Compliance with Article 2, Section 229, of the Compre- hensive Zoning Ordinance pertaining to home occupations. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of January, 1980. Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 1 2 880 -18- (ITEM II-G.6) ITEM #14722 On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the Ordinance upon application of Salem United Methodist Church for a Conditional Use Permit for a church and additions; subj ect to FOURcondi ti ons as ou tlined in the City Manager's letter. One condition was deleted which will waiver a 15-foot dedication and a 15-foot reservation along Salem Road: ORDINANCE UPON APPLICATION OF SALEM UNITED R0180299 METHODIST CHURCH FOR A CONDITIONAL USE PER- MIT FOR a church and additions BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Salem United Methodist Church for a Conditional Use Permit for a church and additions on certain property located on the West side of Salem Road beginning at a point 626.87 feet North of Elbow Road, run- ning a distance of 462.52 feet along the West side of Salem Road, running a distance of 320.77 feet along the Northern property line, running a distance of 512.83 feet along the Western property line and running a distance of 390.70 feet along the Southern property line. Said parcel contains 3.349 acres. KEMPSVILLE 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. Existing septic tank and drain fields. 3. Parking is to be at a ratio of one space per five seats or bench seating spaces in the main auditorium. 4. A revised parking layout in accordance with city standards. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of January, 1980. Voting: 10-0 Council Members Voting Aye: John A. Baum, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. "urtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: George R. Ferrell Council Members Absent: F. Reid Ervin 1/28/80 -1 9- (ITEM II-G.7) ITEM #14723 Mrs. Rosina Finley represented Wallace Construction Company On motion by Councilman Payne, seconded by Councilman Ferrell, City Council voted to APPROVE the Ordinance upon application of Wallace Construction Cor- poration for a Conditional Use Perrnit for dune disturbing activity; subject to the conditions as outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF WALLACE CON- R0180 300 STRUCTION CORPORATION FOR A CONDITIONAL USE PERMIT for dune disturbing activity BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIt4IA, THAT: Ordinance upon application of Wallace Construction Corporation for a Conditional Use Permit for dune disturbing activity on certain property located on the East side of Sandfiddler Road beginningat a point 190.06 feet North of Bluefish Lane, running a distance of 100 feet along the East side of Sandfiddler Road, running a distance of 195.63 feet along the Northern property line, running a distance of 100.01 feet along the Eastern property line and running a distance of 197.25 feet along the Southern property line. Said parcel contains .45 acre. PRINCESS ANNE BOROUGH Approval is subject to the following conditions in conjunction with the intended use of the land: 1. The dune line is to remain in its natural contour and location. 2. No contour changes or vegetative removal seaward of the deck. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of January, 1980. Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 1/28/80 - 20- (ITEM II-G.8) ITEM #14724 Jim Evans, Attorney, represented the applicant and presented petitions. Mrs. Iris Blain appeared in behalf of the application Those appearing in opposition: Cathy Reulbach presented petitions in opposition. Pat Perkins On motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted to DENY the Ordinance upon application of Keith E. and Iris H. Blain for a Conditional Use Permit for a home occupation (portrait studio): Ordinance upon application of Keith E. and Iris H. Blain for a Conditional Use Permit for a home occupation (portrait studio) on certain property loca- ted on the North side of Providence Road Relocated beginning at a point 296.12 feet East of Balfor Drive, running a distance of 95 feet along the North side of Providence Road, running a distance of 171.95 feet along the Eastern property line and running a distance of 176.50 feet along the West- ern property line. Said parcel contains .36 acre. KEMPSVILLE BOROUGH Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Vayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin The above mentioned petitions have been made a part of these proceedings. 1/28/80 -21 - (ITEM II-G.9) ITEM # 14725 Mr. Thomas Dudley appearecr in his behalf On motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted to APPROVE the request for a variance to Section 4.4(b), 4.1(m), 5.5(a & b) and 5.6 of the Subdivision Ordinance, which requires lot dimensions to conform to the C@10, as well as minimum street pavement widths, curb and gutter, drainage facilities and sidewalks: Subdivision Variance: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Thomas S. Dudley. Property located on the East side of Woodstock Road, 1038 feet North of Providence Road. More detailed information is available in the Department of Planning. The applicant wishes to subdivide an approximate 1.25 acre site located on the east side of @4oodstock Road into two lots. Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 1/28/80 - 22- (ITEM II-G.10) ITEM #14726 Mr. Joseph Preziotti, Planner for Baldwin & Gregg, represented the applicant. On motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to APPROVE the request of Margaret R. Taylor for a variance to Section 4.4(b) which requires lot dimensions to conform to the CZO. Subdivision Variance: Appeal from Decisions of Administrative Officers in re- gard to certain elements of the Subdivision Ordinance, Subdivision for Margaret R. Taylor. Property located at the Northern Extremity of Taylor Point Road. More detailed information is available in the Department of Planning. The applicant wishes to subdivide a three-acre site located at the northern extremity to Taylor's Point Road into two lots. Voting: 10-0 Council Menbers Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council .1tembers Absent: F. Reid Ervin 1/28/80 - 23 (ITEM II-H.2.a.l.) ITEM #14727 ORDINANCES AN ORDINANCE TO ENTER INTO CONTRACTS TOTALLING $1,055,786 WITH THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY TO CONTINUE THE CITY'S CETA- TITLE II AND CETA-TITLE VI EMPLOYMENT PROGRAMS WHEREAS, the City wishes to continue its Title II and Title VI Employment Programs under the Comprehensive Emplovment and Training Act of 1973 (CETA), and WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA) has issued new contracts to continue funding the City's programs with funds from the Department of Labor (DOL). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be hereby authorized to enter into contracts with STAMA to continue the following programs: Estimated Revenue Total From Other Agencies Appropriations CETA - Title II $ 839,477 $ 839,477 CETA - Title VI 216 3@09 216,309 Total 5 786 5 786 That the appropriations be financed 100% by federal funds from DOL thru STAMA, with no local match required, and That a total of one hundred and two personnel positions for CETA Title II, and fifty-two personnel positions for CETA - Title VI, be hereby authorized for the durati m of the grants, to be paid from the grants, with classes of employees to be determined by the City Manager, and That one secretarial position, which will assist in administering the programs, be added to the City's Operating Budget in the Department of Personnel for the duration of the grants, to be funded from the grants. FIRST RFADING: Ja nua ry 21 , 1 980 SECOND READING: January 28, 1930 Adopted by the Council of the City of Virginia Beach on the 28th SIG@IATURE day of January 1980. 1/28/80 -24- On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, City Council voted to APPROVE ON SECOND READING the Ordinance to enter into contracts totalling $1,055,786 with Southeastern Tidewater Area Manpower Authority to continue the City's CETA-Title II and CETA-Title VI Employ- ment Programs Voting: 11-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin 1/28/80 - 25- (ITEM II-H.b.1) ITEM #14728 AN ORDINANCE TO ACCEPT $180,000 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A,4D TO APPROPRIATE THESE FUNDS WHEREAS, the Department of Housing and Urban Development (HUD) has approved additional fourth year funding for the City's Community Development Block Grant (CDBG) Program; and, WHEREAS, the City wishes to accept this funding. NOW, THER@IFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGI,'IIA: That the City Manager is hereby authorized to accept the Grant for the City, and funds be hereby appropriated for the following purposes: Total Appropriations Acquisition of Real Property $ 50,000 Queen City Sewer 130,000 Total $180,000 That the appropriations be financed 100@/1 by federal funds from HUD, with no local match required. FIRST READING: January 28, 1980 SECO,ND PEADING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. On motion by Councilwoman Oberndorf, seconded by Vice tlayor McCoy, City Council voted to APPROVE ON FIRST READING the Ordinance to accept $180,000 from the Department of Housing and Urban Development and to appropriate these funds. Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice tlayor J. lienry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting @Nay: None Council Members Absent: F. Reid Ervin 1/28/80 - 26- (ITEM II-H.b.2) ITEM #14729 On motion by Councilman Baum, seconded by Councilman Payne, City Council voted to APPROVE ON FIRSi' READING the following Ordinance to accept a Grant totaling $2,480 from the Virginia Department of Transportation Safety of which $1,830 will be appropriated: Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin AN ORDINANCE TO ACCEPT A GRANT TOTALIN6 $2,480 FROM THE VIRGINIA DEPART@4ENT OF TRANSPORTATION SAFETY, OF WHICH $1,830 WILL BE APPROPPIATED WHEREAS, the City wishes to provide a higher level of traffic safety on its streets and hight'lays; and, WHEREAS, the Virginia Department of Transportation Safety (VDTS) has awarded the City a Grant for this purpose. NO@l, THEREFORE, BE IT ORDAI@IED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the Grant for the City, and funds be hereby appropriated for the following purpose: Estimated Revenue Local Total From Other Agencies Match @ro riations Traffic Engineering Training $1,240 $1,240 That the appropriations be financed by $1,240 Estimated Revenue from the VDTS, a local match of $590, to be transferred from Unappropriated Fund Balance, and an in-kind match of $650, currently appropriated in the salary accounts of the Traffic Engineering Division in the -@ity's Operating Budget. FIRST READING: January 28, 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980 1/28/80 - 27- (ITEM II-I.1) ITEM #14730 Mayor Standing appointed Mr. Robert C. Goodman as the Chairman of the Mayor's Clean Community Commission which was created On Jahu'ary -@l 1980 (ITEM II-J.1) ITEM #14731 On motion by Councilman Baum, seconded by Councilman Riggs, City Council voted to APPROVE the appointment of Deputy City Clerks as follows: Mary Angela Stevens Angelia Susan Bunch Voting: 10-0 Council tlembers Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin ITEM #14732 City Manager reminded the Council of the Legislative meeting Thursday, January 31, 1980 in Richrnond, Virginia. ITEM #14733 On motion by Councilman Ferrell, seconded by Councilman Holland, and by ACCLAMATION, the meeting adjourned at 8:55 p.m. Ruth Hodges Sm@h, Ci@y Ci-erk Mayor Patrick L. Standiiig 1/28/80 b