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HomeMy WebLinkAboutAPRIL 14, 1980 MINUTES CITY OF VIRGINII BEICI MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, Al L.,g@ CLARENCE A. HOLLAND, M.D., B.y,id. B@,..gh VICE MAYOR J. HENRY M,COY JR., D.D.S., B.,@.gb DONALD W. MERRICK, Ly.@b.,@@ B.,..gh JOHN A. BAUM, BI.,k..,@, B.,@.gb MEYERA E. OBERNDORF, A, L.,g@ F. REID ERVIN, At L.,g@ J. CURTIS PAYNE, P,i.,@@. A..@ B.,o.gb GEORGE R. FERRELL, A, L.,g. ROGER L. RIGGS, Vigi@i. B..@b B.,@.gh BARBARA M. HENLEY, P..g. B.@.gh RUTH HODGES SMITH, Cily Cl.,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: MONDAY, 14 April 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. Housing Assistance Plan: Discussion of the Housing Assistance Plan and its implications for Community Development. 2. MICA Contract: Discussion of proposed survey of municipal telephone usage, equipment, etc. 3. Chesapeake Bay Bridge Tunnel: Suggestion of Councilman Riggs To remove tolls to encourage visitors to the area. 4. "Beach House" Lease: Discussion of lease of property at 2420 Virginia Beach Boulevard. ITEM II FORMAL SESSION: MONDAY, 14 APRIL 1980 - 2:00 p.m. A. INVOCATION - Reverend Edward S. Van Dyck Wesleyan Acres United Methodist Church B. PLEDGE OF ALLEGIANCE C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 24 March 1980. 2. Motion to accept/approve the Minutes of the Special Meeting 31 March 1980. 3. Motion to accept/approve the Minutes of Informal Briefing Session 7 April 1980. ITEM II E. RESOLUTIONS 1. Resolution authorizing the City Manager to execute a certain tiemorandum of Understanding for participation by.the United States Government and the City of Virginia Beach, Virginia, in the financing, design, construction and operation of a single-purpose, two-stage reverse osmosis process, brackish water desalting demonstration plant. 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 discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Request of the Commissioner of Revenue for business license refunds in the amount of $399.25. 2. Request of the City Treasurer for tax refunds in the amount of $25,586.33. 3. Bingo/Raffle Permits: American Cancer Society Raffle Sandbridge Fire Brigade, Inc. Bingo Norfolk City Union of the King's Raffle Daughters, T/A Children's Hospital of the King's Daughters Princess Anne Plaza Civic League Raffle G. PLANNING ITEMS 1. RECONSIDERATIONS a. Application of Bonito J. Aquino for a conditional use permit for photographic film processing on a .88 acre parcel located on west side of Edwin Drive, north of Holland Road (Kempsville Borough). 1. The City Manager's letter transmits the recommendation of the Planning Commission for approval. ITEM II G. PLANNING ITEMS (continued) 1. RECONSIDERATIONS (continued) b. Application of C. M. Beasley for a variance to Section 4.4 (b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordi- nance. He wishes to subdivide a site located at the northeast extremity of Linehan Court into two lots. 1. Letter from the City Manager transmits the recommen- dation of the Planning Commission for denial. 2. DEFERRED ITEMS a. Deferred for 30 days on February 25, 1980 and for three weeks on March 24, 1980. Application of Helen L. Foos for a conditional use permit for dune disturbing activi@y on a 2.5 acre parcel located at the southeast intersection of South Atlantic Avenue and Maryland Avenue (Lynnhaven Borough). 1. Letter from the City Manager transmitsthe recommendation of the Planning Commission for denial; however, after negotiations with Mrs. Foos, the staff recommends approval of this application. b. Deferred on tlarch 24, 1980 until today. Application of Norman D. Ferguson, Jr., for a variance to Section 4.4 (b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordi- nance. He wishes to subdivide a site located on the south side of Aura Drive, east of Princess Anne Road, into two lots. 1. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 3. NEW APPLICATIONS a. Application of TCC Development Corporation for a change of zoning from R-3 Residential District to R-5 Residential Dis- trict on a 10.93 acre parcel located on the south side of London Bridge Road, west of Pine View Avenue (Princess Anne Borough) 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM II G. PLANNING ITEMS (continued) 3. NEW APPLICATIONS (continued) b. Application of Dam Neck Properties for a change of zoning from AG-1 Agriculture District to PD-H Planned Development- Housing District on a 106 acre parcel located on the west side of Oceana Boulevard, south of Dam Neck Road (Princess Anne Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. c. Application of Harold H. McGee for a change of zoning from R-6 Residential District to B-2 Community Business District on a .228 acre parcel located at the northwest corner of Chester Street and Waverly Drive (Lynnhaven Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal. d. Application of Anne Hile for a conditional use permit for a riding academy and boarding horses on a 10 acre parcel located west of Salem Road, south of Elbow Road (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. e. Application of ABM Construction Corporation for a conditional use permit for dune disturbing activity on a .505 acre parcel located on the east side of Sandfiddler Road, south of Sand- bridge Road (Princess Anne Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. f. Application of Carlos Mize, Richard Esterline, and Geoffrey Culwin for a conditional use permit for a restaurant/night club on a .73 acre parcel located at the northeast corner of Virginia Beach Boulevard and Mediterranean Avenue (Virginia Beach Borough). 1. Letter from the City Manager transmits the recommendation of the Planning @@ommission to allo@v withdrawal. ITEM II G. PLANNING ITEMS (continued) 3. NEW APPLICATIONS (continued) 9. Application of Bayport Construction Corporation for a conditional use permit for a bulk storage and building contractor's yard on a .555 acre parcel located on the north side of Credle Road, east of Oceana Boulevard (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. H. ORDINANCES 1. General a. Ordinance upon application of Charles F. Jackson, of the Tidewater Builders, Inc., for an encroachment into the Chatmoss Drive right of way for the placement of a sub- division entrance sign for Chatham Hall. 2. Appropriations a. Second Readings 1. Ordinance to appropriate $11,145 for the operation of a shuttle bus service in Virginia Beach through June 30, 1980; AND, authorize the City Manager to enter into an agreement with Tidewater Regional Transit. 2. Ordinance to appropriate $31,558 for the operation of the tourist information center and to establish posi- tions therefor. b. First Readings 1. Ordinance to transfer appropriations totalling $65,000 from Beechwood Sewer to Beechwood Water and Beechwood Streets for the fifth year funding of the Beechwood Sewer Project. ITEM II H. ORDINANCES (continued) 2. APPROPRIATIONS (continued) b. First Readings (continued) 2. Ordinance to accept a grant totalling $67,036 from the Division of Justice and Crime Prevention and to appropriate funds totalling $73,732. 3. Ordinance to transfer funds of $30,000 within the Department of Public Utilities for a rate study. 4. Ordinance to appropriate $90,000 for the purchase of an aerial ladder truck from the Ocean Park Volunteer Fire and Rescue Squad, Inc. I. OLD BUSINESS 1. Parking - Atlantic Avenue, Virginia Beach Borough. 2. Appointments - Boards and Commissions. J. UNFINISHED BUSINESS 1. Resolution regarding Chesapeake Bay Bridge Tunnel. K. NEW BUSINESS 1. Cancel Regular Meeting of 26 May 1980 (Memorial Day Holiday). M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 14 April 1980 The Regu I ar Meeting of the Counc il of the City of Virgi ni a Beach , Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, 14 A.0ril 1980, at one o'clock in the afternoon. Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Ro ger L . Ri ggs , and Mayor Pat rick L . S tan di ng Council Members Absent: Vice Mayor J. Henry McCoy, Jr.* Mayor Standing entertained a motion to permit Council to conduct its INFORMAL S ESS ION. (EXECUTIVE SESSION was no'U schedliled) Upon motion by Councilman Baum, seconded by Councilman Holland, City Coun cil voted *o con du ct its IN FORMAL SESS ION. Vo tin g : 1 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald VI. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: ,No n e 2 - Council Members absent: Vice Mayor J. Henry McCoy, Jr. *VICE MAYOR MC COY EN TE RED MEETI NG AT I : 02 p m . I N F 0 R M A L S E S S I 0 N FREEDOM OF INFORMATION ACT ITEM #14973 Mayor Standi ng ad vis ed City Coun cil that fo rmer members of the General Assembly have agreed to serve on a Committee to recommend gui de Ii n es wi th regards to the Freedom of I nformation Act . Mayor Standing appointed: Mr. Edward T. Caton, III Mr. Richard D. Guy Mr. Beverly R. Middleton The Committee will report their recommendations to Council. BUDGET COMMITTEE ITEM #14974 Mayor Standing advised Council of Councilman Merrick's request for the appointment of a Budget Committee. Mayor Standing suggested the Committee consist of the entire Council rather than a few members of Council. Councilman Merrick advised he is prepared to make a motion in FORMAL SESSION on the "dollar figure" to be deleted from the proposed budget. Council will hold a Budget Briefing Session on Friday, May 2, 1980, at 6 :00 p m . , in the Council con f erence room. "OUR OWN" NEWSPAPER ITEM #14975 Mayor Standing recommended to Council that the City Attorney provide Council with legal information regarding decisions to be made in the revi ew of Li b ra ry matter s ; provi de Coun cil wi th informat ion reg ardi ng whether the rel ation s hip the Counc il now has with the Li brary Board is the proper one , ( sho ul d they make recommendati on s to Cou nc il or be the final authority); provide Council with information as to what other Cities the size of Virginia Beach do with regard to their relationship with the Li bra ry Boa rd , and how they gover n the revi ew of refer ence mate ri al s . In addition, Mayor Standing advised the City Attorney to provide the Council w i th I egal in fo rmati on supported by ca s es w hi ch wou I d give insight .o what Council's decision can and cannot be. 04/1 4/80 - 3 - City Attorney Bi ms on advis ed Counci 1 he wi I 1 present all informa tion requested within thirty (30) days. The City Cl er k was advi @ ed by s eve ra l members of Coun cil to noti fy news papers , whi ch are of a con t rove rs i al na tu re, of th ei r requ es t to have their names deleted from the mailing list. CAPITAL IMPROVEME@4T PROJECTS ITEM 414976 At the request of Councilman Merrick, City Manager Hanbury presented to Council a listing of the Capital Improvement Projects, (Exhibit "A"), prior to the Council meeting of 23 April 1980. HOUSING ASSISTATICE PLAIN ITEM #14977 Mr. Benjamin J. Moore, Assistant to the City Manager for Community Development, appeared before Council during the INFORMAL SESSION to discuss the .4ousing Assistance Plan and its implications for Community Development. (Exhibit "B"). MICA CONTRACT ITEM #14978 City Manager Hanbury discussed with Council the proposed survey of municipal telephone usage, equip.,nent, etc. The Company is -uo study the telephone system for direct ways of saving the City money. MICA Company would receive payment only from the amount which was saved by the City; however, the monetarv limit is $80,000. CHESAPEAKE BAY BRIDGE TUNNEL ITEM #14979 Councilman Riggs read a letter to Council requesting all tolls be removed from the Chesapeake Bay Bridge Tunnel. Councilman Riggs advised Council he will delay one (1) tqeek discussion on the proposed Resolution to eliminate all tolls. "BEACH HOUSE" LEASE ITEM #14980 City Manager Hanbury discussed with Council the lease of property at 2420 Virginia Beach Boulevard for @4ental Health and Mental Retardation Services Board. 0 4/1 4/80 C, CD (D (D (D (D It (D F' (D F' (D (D 0 (D rD Pc m (D :1 (D F- CY o td TD F' 0 o, 0 1 :3 C$ CL 01 O :x F-I .4 (D P. 0 F, -1 m (D r; It -1 co (D 0 p (D C, 0 0 fD + C) (D : 3 0 0 w (D -1 (D 0 C) C) cn co C:> C) C') 0 C-) Io 0 0 0 0 (D (D 0 0 0 P 0 0 cq ig m -:g :1 d Z3 'd C) C) 0 C) 0 C) \A 0 0 0 0 0 0 0. 10 (D (D o, rD rD (D (D (o C+ t P. 0 Cli :i It 'i i- o 0 t:d r, (D F- (D (D C> ti Cn (D (D 0 0 cn + (D p (D > 0 p. :i (D :3 ro < P, d < O' P, t, :3 td .4 z P) .d P. aq (D n C, r o rD (D Z3 p It 0 DQ + It 0 m o 0 r, m 0 It p CD :i :3 to :-l < 0 (D Ld n (D 0 + p 0 (D It 0 (D C;q 0 0 0 (D p o, pe (D to 0 0 tv (D 0 @n c) C-) L- 'A 0 0 @lk @A onnnc-)n 0 0 0 0 0 0 0 0 d (D fL' P, IU) co F- r\) F, 0 C:> 0 0 ct cn In co zi Li P. zr (D rb D) < 0CD :i :3 tv o td (D 0 rD (D w 0 Otdo:l @.400(D r w 0 (D P 0 @ (D to cn 00 (D f-p 110 r-0 9L n PLI td ty (7i 0 0 0 0 0 w ,d P) (D r Iv (D (D (D0 p (D (D. < m < Ivp p (D t:r nr p (D p (Dp CD (D CD (D <"CDO PI-4@ @ (D 10m P. -- - x (D -1 d ill H 0 C, (D C) (D Iv :1 +p (D I 0 0 (D x CD(D (D (D (DOIO (DOOO@ 0 0 Z3 0 (D rD 11 V cq 1.0 4 p td (D CD 0 0 0&0" C)" Lgl+ CD 0 0 + 0 ,+ <-)o(D p 0 o 0 0 o@- CD(D" 0 OPIP(DO(D :i :3 0 td 0 (D I cn ,+ t;d P. 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C:) 0 H C) 4- cr\ C. tz t4 ql td td C) cn 0 0 0 - F- 0 zr (D p 1-3 0 td .9 0 (D 0 CD (D (D (D 0 td (D 0 td 0 -0 0 (D (D C/) 0 ZY 0 td -0 rD 13 0 P 0 0 0 0 p Iv 0 P. p, P, rL (D tziu p (D 0 0 10 11 :r m rD 10 p (D N CD 0) 13 (D p F9 (D p :i 0 d P, 0 CIQ (D (D r-, t-i F-I F, (D (D 0 Iv (D u, (D (D F, t'll CD 0 (D p 0 P, p -3 td o, C) 0 0 td (D 11 n 13 (D td (D pi i w p 0 n :3 (D C-) 0 0 (D C, P) t, r :3 0 p i- ct (D C+ (D 11 0 w (D @ L, Cl) It tzi 0 p (D 0 0 0 C+ " ,. r- o It 0 P- (D (D 0 (D 0 (D C+ 0 8 P. p 0 0 (D IF C+ m m E3 P, 0 r 0 w 0 0 F- (D 0 p Cf) 0 (D x 0 n- td + :3 0 :r o (D rD p ts td 0 0 C+ 0 0 c: 0 p w p 0 (D 0 F- (D -1 ti (D F- P, lo co ,d 0 C-) P. P. C+ C+ C+ & C,) 4-1 C+ clo C/) In p p p p ,+ + C+ (D (D m (D er) CD - 8- (EXHIBIT "B") OUTLINE OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING ASSISTANCE PLAN (HAP) What is the CDBG Housing Assistance Plan (HAP)? A. A required element of the CDBG application and program. 1. Approval of the CDBG application is conditional upon completion and regional HUD approval of the HAP. B. A measure of conditions of the City's housing stock. C. An estimate of the housing needs of the lower (low and moderage) income persons residing in the City, expected- to-reside in the City, and persons displaced due to government action. D. A tool to establish housing assistance goals best suited to meet the needs of lower income persons. 1. Meet the housing needs through community revitalization, utilization of existing housing stock, and new con- struction of assisted-housing. What are the components of a CDBG Housing Assistance Plan (HAP)? A. A "Survey of Housing Conditions." 1. The HAP establishes a measure of conditions of the City's housing stock. B. An estimate of "Housing Needs of Lower-Income Households." 1. Housing needs are establis hed for the lower income elderly, mentally or physically hendicapped, small family and large family. Separate estimates are required for owner households and rental households needing housing assistance, and for persons being displaced due to government action. C. General Locations for Proposed Assisted-Housing Development in the City. 1. A HAP Map designates general location areas within the City which are suitable for new construction of assisted- housing and rehabilitation of existing housing, respectively. a. Sites within the general location areas designated by the City are required to meet the HUD site and neighborhood standards for the appropriate housing program established in the HAP. D. Three-Year Housing Program 1. The three-year housing strategy whould consist of appropriate and effective housing programs and goals to address no le-s than 15 percent of the total lower income housing needs of the City. 0 4/1 4/80 9- 2. Housing goals to address lower income needs should be establisfied in the same proportions a5 the elderly, handicapped, and fami,ly housing need proporttons. 3. Special housing needs are to be tdentified and addressed within each Three-Year Housi,ng Program, if appropriate. E. Annual liousing Plan. 1. The annual housing plan, particularly the initial annual plan of a Three-Year Program, should reflect any priorit@@es establ@shed to address unmet housing needs in accordance with the previous Three-Year Housing Program. 2. The annual Fiousing prians, collectively, over a three-year period, should significant-ly--achieve the City's three-year housing goals. 111. What does it mean to deve]:op a housing strategy? i A. Develop a housing stra'tegies approach that links@housing, jobs and people. 1. A so called "properly functioning community" (city) is one where there is adequate housing and jobs to meet the needs of the people. a. The process of developing a housing strategy generally involves a comprehensive understanding of the economic, social, and political factors which may have an impact on the housing market within a city. 2. Housing is a "bundle of services." a. Housing consists of a physical dwelling unit, neighborhood environment, housing densities, natural attractions--(trees, water, etc.); location of housing should have adequate access to employment, shopping, educational facilities, medical facilities, etc. IV. How does assisted-housing come to Virginia Beach? A. Virginia Beach partici@ates with other jurisdiction5 in a Tidewater Regional Housing Plan. The regional plan is designated as the Area- wide Housing Opportunity Plan (AHOP). 1. The Southeastern Virginta Planning District Commission (Koger ExecutTve Center, Norfolk, Virginta) supervises the Tmplementation of the AHOP. 2. The AHOP sets op an "allocat"on procedure" for the distribution of assisted-housing .'unds to individual localities. The members of the Tidewater AHOP arc Chesapeake, Franklin, Norfoil<, Portsmout@, Suffolk, Virginia Beach, and tlie counties of Isle of Wiglit and Southampton. 2 a. The advantage of the AHOP is that a central procedtire has been established to address housing needs by increasing housina opportunities for lower income hc)useholds throughout the region. b. The Section-8 Program, the major federal housing assistance pro- gram in the nation, provi'des rental assistance to eligible persons ,of Section-B new construction, existing housing, and rehabili- tated uhits. c. The City's HAP can establish housing strategies using other resources besides Section-8 funding from HUD or the Virginia Housing Development Authority (VHDA), but the housing program would have to be approved by SVPDC and HUD. V. What is the City's responsibility for implementing the Housing Assistance Plan? A. Implement the HAP in a timely and effective manner. 1. The City is to significantly achieve all assisted-housing goals unless there are very valid justifications for not effectively implementing the HAP, i.e., lack of federal/state funding to build housing, etc. a. The City should take all actions within its control to implement the HAP, as well as the development of Section-8 housing,when private developers, non-profit sponsors, etc. are not responding in a manner to develop assisted-housing in the City. b., Implementing the HAP also means providing citizens with an oppol-- tunity to review and comment on the HAP and the HAP process. HOUSING SITE LOCATIONS Tiie HAP geographic location boundaries show general areas witliin the City tha't are suitable for housing rehabilitation, and for the development of new constrUCtion assisted-housing. The housing sites located for new construction assisted-housing must meet HUD's site and neigliborhood criteria. Some basic criteria for those standards are the following: A) Sites should be adequate in size, exposure, and contour to accomnodate the number and types of units proposed. B) . Sites should have access to adequate utilities and streets to service the.site. C) Site location and development should provide equal opportunity in housing in compliance with Civil Rights and Fair Housing federal regulations. D) Housing shall n,ot be located in minority-concentrated areas unless 1) sufficient and comparable lower inco,,ne housing opportunities exist outside of concentrated areas, and 2) the project is necessary to meet overriding housing needs which cannot be met In that specific housing market. E. Site shall promote greater choice of housing opportunities for lower income persons. F. Site shall be free from harmful environmental conditions, natural or man-made. G. Housing shall be accessible to social, recreational, educational, connercial, health, and other necessary services. 4 - --------- 1 2- VIkGINIA BE@CH ASSISTED HOU@ING DEVELOPMENTS' PROJECT NAME MANAGER AND PHONE AND LOCATION NUMBER 1. Atlantis Apartrnents Fred Hodges Virginia Beach Blvd. 428-3200 and Birdneck Rd. 2. Greenlakes Apartments Nancy 3218 Greenlakes Dr. Docrnhoefer 340-0542 3. Harpers Square Betsy Tatum Harpers Road and 422-1571 Oceana Blvd. 4. Morgan Terrace Apa!rttnents Rev. C. M. Morgan 401 Birdneck Circlle 428-4028 5. Williams Village Lemuel Williams 512 Featherstone C6urt 499-3965 6. Bayside Ams Ms. R. Phillips 5161 Weaver Driv,e 497-0381 7. Friendship Village Ms. J. Christian 1235 Friendship Square 428-3748 8. Twin Canal Village Ms. Kathy Graves 3700 Lynnhaven Parkway 467-1283 9. Carriage House Apartnents Mrs. P. Burgess 5340 Carriage House Drive 499-8593 10. Section 8 Existing Housing Housing and Conimunity Development 422-'3856 11. Pine Oaks Village Housinq and Cbnnunity Development Bonney Road 422-3856 (expected to be occupied 3/81 12. Bridle Creek Apartments .Housinq and Community Development Bridle Creek Blvd. 422-3856 (expected to be occupied 8/81 13. Pepper Tree Plaza Housing and Co@munity Dpvelopment (Housing for Elderly) 422-3856 Malibti Drive @expected to be occul)ied 6/1/81 1 3- 14. Russell House llr. Schwab (Housin@ for Elderly) 489-1255 First Colonial and (expected occupancy Wolfsnare Roads date unknown) 1 4- A CITY OF VIRGINIA BEACII OFFICE OF IIOUSING AND CC,'U@IUNITY DEVEI,01'@IE:,T Virginia Beach liousing Assistance Informition* I. Number cf Virginia Beach Households 83,773 100.0% A. Owner Occupied 47,925 57.2 B. Renter Occupied 33,687 40.2 C. Unoccupied 2,161 2.6 II. Households Needing Assistance 9,166 10.9% Households Owner Renter ETR Total Perc&nt Elderly 304 739 160 1,203 13.2 Small Family 392 4,432 756 5,580 60.9 Large Family 429 1,694 260 2,383 25.9 Female 129 1,138 -0- 1,267 13.8 Minority 745 1,853 - 317 2,915 31.8 Non-Yinority 251 3,874 859 4,984 54.4 II. Housing Assistance Goals A. Rehabilitation (Wner Occupants) Elderly 50 Units Small Family 70 Units Large Family 20 Units Total 140 Units B. New Construction (Renter Occupied) Elderly -0- TJnits Small Family 270 Units Large Family 80 Units Total 350 Units (2 Developments) C. Section 8 Existing (Rental) Small Family 44 Units Large Family 31 Units Total 75 ljnits D. Rehabilitation (Rental Units) Small Family 10 Units Lar-.e Family 10 Units Total 20 Units *Based on information in 1970 Census.with upaate in 1978. Update based on infoi-mation from VirginJa Beach Plinning Departtn*ent, Satitlieastern Virginia Plaiiniiig District Corr,- mission, ComTnuiiity Development @leeds Assessment Survey. - 1 5 - F 0 R M A L S E S S I 0 N VIRGIN I A BEACH CI TY COUNCI L 14 April 1980 2 :1 0 p m Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Absent: Vice Mayor J. Henry McCoy, Jr.*, and Roger L. R i g g s INVOCATION: Reverend Edward S. Van Dyck Wesleyan Acres United Methodist Church MINUTES (ITEM II-D.1) ITEM #14981 Upon motion by Councilman Baum, seconded by Councilman Payne, City Cou nc il voted to APP ROVE the Minu tes of the Reg ul ar Meeting of 24 March 1980. Voting: 8- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing 0 4/1 4/80 1 6 - Council Members Voting Nay: None Council Members Abstaining: Donald W. Merrick Council Members Absent: Vice Mayor J. Henry McCoy, Jr., and Roger L. Riggs MINUTES (ITEM 11-D.2) ITEM #14982 Upon motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted to APPROVE the Minutes of the Special Meeting of 31 March 1980. V o t i n 9 :9 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W . Merrick , Mey era E . Oberndorf , J . Curt is Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Vice Mayor J. Henry McCoy, Jr., and Roger L. Riggs 0 4/1 4/80 1 7 - MINUTES (ITEM II-D.3) ITEM #14983 **COUNCILMAN RIGGS ENTERED MEETING AT 2:17 p.m. Upon motion @y Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council voted to APPROVE the Minutes of the Informal Briefing Session of 7 April 1980. Voti ng : 1 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, 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: Vice Mayor J. Henry McCoy, Jr. 0 4/1 4/80 -1 8- HOUSING ASSISTANCE PLAN ITEM #14984 Reverend Barnett Thou ro good, Chai rman of the Ci tizens Adv i sory Committee, appeared before Council regarding the Housing Assistance P 1 a n . Reverend Thourogood advised Council to consider the Housing Assistance Pl an from eve ry as p ect as there are many areas in the City w hi ch s ho u I d be taken into cons id era t ion due to the deteri o rati on of the areas. *VICE MAYOR MCCOY ENTERED MEETING AT 2:25 p.m. RESOLUTIONS ITEM #14985 Upon motion by Councilman Riggs, seconded by Councilwoman Oberndorf, City Cou nc il voted to ADOPT the Reso l uti on aut hori zing the City Manager to exec u te a certa in Memo randum of Un derstan ding f or par ti ci pati on by the Uni ted S tates Gover nment an d the City of Vi rgin i a Beach, Virginia, in the financing, design, construction and operation of a single-purpose, two-stage reverse osmosis process, Brackish Water Desalting Demonostration Plant. Voti ng : 1 1 - 0 Council Members Voting Aye: John A. Baum , F. Rei d Ervi n , George R. Ferrel I , Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E . Oberndorf , J . Curti s Payne , Roger L . Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 4/1 4/80 - 1 9 - The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building, on the 1 4 day of April , 1980. Upon motion by Councilman Ricias and seconded by ounci woman Oberndorf the following Resoltition was adopted: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTAIN MEMORANDUM OF UNDER- STANDING FOR PARTICIPATION BY THE UNITED STATES GOVERNMENT AND THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE FINANCING, DESIGN, CONSTRUCTION AND OPERATION OF A SINGLE- PURPOSE, TWO-STAGE REVERSE OSMOSIS PROCESS, BRACKISH WATER DESALTING DEMONSTRATION PLANT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager of the City of Virginia Beach, Virginia, is hereby authorized to execute a Memorandum of Understanding, subject to approval as to form and legality by the City Attorney, with the United States of America, by the Department of the Interior, Land and Water Resources, concerning the financing, design, construction and operation of a single-purpose, two-stage reverse osmosis process, Brackish Water Desalting Demonstration Plant, a copy of which is attached hereto and made a part hereof. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 4 day of April 1980. 04/14/80 2 0 - MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION BY THE UNITED STATES GOVERNMENT AND THE CITY OF VIRGINIA BEACH, VIRGINIA IN THE FINANCING, DESIGN, CONSTRUCTION AND OPERATION OF A SINGLE-PURPOSE, TWO-STPGE REVERSE OSMOSIS PROCESS, BRACKISH WATER DESALTING DEMONSTRATION PLANT 04/14/80 2 1 - I. PURPOSE The purpose of this document is to set forth the anticipated general provisions of a Cooperative Agreement between the United States of America (Government), represented by the Department of the Interior through the Office of Water Research and Technology (OWRT), and the City of Virginia Beach, Virginia (City), for the financing, design, construction and operation of a 2 million gallon per day (gpd) capacity, two-stage reverse osmosis process, Brackish Water Desalting Plant. II. BACKGROUND A. In 1979, the City of Virginia Beach, Virginia, and the Office of Water Research and Technology agreed to study the feasibility and cost of building a Brackish Water Desalting Plant embodying the two-stage reverse osmosis process design to serve the City of Virginia Beach, Virginia. The Office of Water Research and Technology engaged Kaiser Engineers, Inc., Oakland, California, to develop the preliminary design and associated investment and operating cost data based on a site at Virginia Beach, Virginia, utilizing the two-stage reverse osmosis process. The results of that study are set forth in "Desalting Demonstration Plant Feasibility Study, Virginia Beach, Virginia," OWRT Contract No. 14-34-001-9608. B. The results of the feasibility study at Virginia Beach, Virginia, indicated an initial construction cost estimated to be $11.4 Million, and four (4) years of operation and maintenance to be $4.1 Million. Based on this concept, the unit cost of water from a 2 million gpd Plant would be approximately $2.93 per thousand gallons (1979 cost structure) including $1.40 per thousand gallons for operating and maintenance. C. The results of all the background studies indicate that a project located at Virginia Beach is viable and represents a significant advance in the technology of producing fresh water from brackish. 04/14/80 - 2 2 - Considering the high quality of the water to be produced and the potential for blending with lower quality water available in the area, the projected costs involved are acceptable to the City of Virginia Beach. D. On January 23, 1980, the City tlanager of the City of Virginia Beach provided a letter indicating the City's intent to consider the con- struction and financing of the Plant, such Plant to be financed with funds provided by the Government and the City of Virginia Beach. III. RESPONSIBILITIES OF THE PARTIES A. GENERAL 1. This Memorandum sets forth the principal features of a Cooperative Agreement to be negotiated and executed between the Government and the City for the design, construction, and operation of a single- purpose, two-stage reverse osmosis process, Brackish Water Desalting Plant producing 2 million gallons per day of desalted water. However, if the parties do not, in fact, enter such an agreement, for whatever reason, this Memorandum shall have no force or effect. 2. Before a Cooperative Agreement between the City and the OWRT can be executed, the following will be required: specific Congressional authorization and appropriation of funds for the undertaking of the Government; the securing of necessary construction and operating licenses and certificates required by Federal and State regulatory and other agencies; the acquisition by the City of a suitable site; and the commitment by the City to provide the items of local cooperation as are set forth in P. L. 95-84, as amended; and cash or other in-kind contributions equivalent to 35 percent of the total project cost including operation and maintenance costs for a period of four years after the commencement of the Plant operation conditional upon the Government's contribution of 65 percent of the total project costs, including operation and maintenance costs for the aforesaid four year period. 04/14/80 2 3 - 3. The parties will use their best efforts to negotiate and execute as soon as practicable the agreements contemplated by this Memorandum of Understanding. 4. Any other agreement or agreements affecting the project entered into between the City and persons other than the Government shall be submitted for Government review and concurrence from the stand- point of their consistency with this Memorandum, and the agreements shall not be modified during the term of the Cooperative Agreement so as to affect the interest of the Government without prior Government approval. 5. Any other agreement or agreements affecting the project entered into between the Government and persons other than the City shall be submitted for City review and concurrence from the standpoint of their consistency with this Memorandum, and the agreements shall not be modified during the time of the Cooperative Agreement so as to affect the interest of the City without prior City approval. 6. It is the intention of the parties that the Plant shall be operated, pursuant to the Cooperative Agreement, at full capacity to the extent possible with the maximum on-stream time consistent with good engineering practice relative to maintenance. 7. The period of operation and maintenance shall be for a 4 calendar year (48 months) after the date of acceptance of construction and commencement of operation of the Plant. 8. The Government shall have the right at any and all reasonable times to inspect all project activities. Any proposed participation by others in this project during the term of the Cooperative Agreement shall be subject to the mutual agreement of the parties thereto. 9. Both parties recognize that the activities agreed herein to be undertaken under the terms of the Cooperative Agreement are subject to the appropriation and availability of funds by both parties. 04/14/80 2 4 - 1 0. No officer, employee or member of the governing body of the City of Virginia Beach or the United States Government who exercises any functions or responsibilities in connection with the carrying out of this project to which this Memorandum pertains shall have any private interest, direct or indirect, in this agreement. B THE OFFICE OF WATER RESEARCH AND TECHNOLOGY 1. OWRT shall provide qualified technical personnel to maintain necessary liaison between the Government and the City. 2. OWRT shall advise the City whenever necessary, through Government experts and consultants, of recommended actions which would enhance the success of the project or alleviate schedule delays or technical difficulties. 3. OWRT shall provide a total contribution to the design, con- struction and operation of the Desalting Plant and related equipment of 65 percent of the total project costs including the architect and engineering costs for both design and construction supervision of the project, capital costs and costs of operation and maintenance for a period of four (4) years, as well as the legal accounting and other administrative costs associated therewith. 4. Based on the anticipated value of the technology and experience to be obtained by the Office of Water Research and Technology through the operation and maintenance of this Plant for the first four (4) years of operation, and based on the requirement that the OWRT receive technical operating reports, in consideration of the assumption of 65 percent of total project costs by the OWRT, the Government viill have the right to -- a. Approve the selection of the Architect-Engineer for detailed design and construction supervision. b. Provide technical consultation to the Architect- Engineering contractor to assure that the drawings 04/14/80 2 5 - and bid specifications provide for obtaining the process technology desired by the OWRT. c. Approve all design drawings and bid specifications. d. Approval all change orders and payments. 5. The Office of Water Research and Technology and the City shall concur in the awarding of all contracts or subcontracts for the construction of the Plant. 6. Considering the 65 percent contribution of the Government to the first four (4) years of operation and maintenance costs of the Plant, the OWRT will have the right to approve the selection of the M&O Contractor in the event the City decides to operate and maintain the facility through a Contractor. In this regard, it is assumed that the actual operation of the Plant will be under- taken by the City of Virginia Beach and that the M&O Contractor will provide technical expertise and assistance and operator training for the operation of the Plant. C. THE CITY OF VIRGINIA BEACH 1. The City shall be the sole owner and operator of the Brackish Water Desalting Demonstration Plant. 2. The City shall be the Project Manager in the planning, design and construction of the Plant. Standards for use by the City in establishing procedures for the procurement of supplies, equipment, construction, and other services with Federal funds shall be in accordance with Attachment "O" - OMB Circular No. A-102. 3. The City shall solicit proposals for the Architect-Engineer for the detailed design and construction supervision of the Plant. 4. The City shall execute and administer the Architect-Engineering contract for design and construction administration of the Plant. 5. The City shall obtain all necessary construction, discharge and operating permits required to allow the plant to function as described in this Memorandum of Understanding. 04/14/80 2 6 - 6. The City shall design and construct suitable distribution systems for the product and brine discharges to allow the plant to proceed with its intended function. 7. The City shall provide all funds required for the operation and maintenance of the Plant over and above the 65 percent contribution of the Government referred to in the previous provisions of the Memorandum. In this regard, it is understood that any party may terminate this Memorandum of Understanding or the Cooperative Agreement if the estimated project costs on completion of the detailed designs exceed those estimated in the conceptual designs referred to in "Desalting Plant Feasibility Study, Virginia Beach, Virginia" by more than twenty percent. 8. The City shall enter into whatever agreements are required to obtain a suitable Plant site (Site "A" in the referenced conceptual design report). 9. The City shall keep and make available for Government inspection such records, data and reports of the technical, economic, progress and financial aspects of the research and development, design construction, procurement, testing and operation of the project as the Government may reasonably require in connection with its program and shall submit to the OWRT such information respecting its activities under the project as the OWRT may reasonably request. The Government, including GAO, shall have the right of access to and right to examine any pertinent books and records of the City and all contractors and subcontractors involving transactions related to the proposed Cooperative Agreement. 10. The City shall be Project Manager in the planning, design, and con- struction of the project. The project shall be planned, designed, constructed and operated in a manner consistent with the rights of the Government under the proposed Cooperative Agreement. The City shall agree to furnish to the United States water rights, water supplies, rights-of-way and power source connections necessary for 04/14/80 2 7 - construction of the project. The City shall further agree to furnish 35 percent of the total cost of the project, including the first four (4) years of operation and maintenance of the Plant; said contribution may consist of either cash or in-kind contributions. The period for determination of the City's contribu.ting share shall commence with contributions made on or after December 1, 1978. 11. Revenue from products of the Plant, including fresh water, shall belong to the City. IV. The parties hereto have executed this Memorandum of Understanding as of the day of -, 1980@ THE UNITED STATES OF AMERICA THE CITY OF VIRGINIA BEACH, VIRGINIA By The Department of the Interior Mafia@er Assistant Secretary Land and Water Resources 04/14/80 - 2 8 - CONSENT AGENDA LICENSE REFUNDS (ITEM II-F.1) ITEM #14986 ALL MATTERS L I STED UN DE R THE CONS ENT AGE N DA ARE CONS I DE RED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. Upon motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to APPROVE the request of the Commissioner of the Revenue for business license refunds in the amount of $399.25. Voting: 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J . Hen ry McCoy, Jr . , Do na l d W . Merri ck , Mey era E . O be rn do rf , J . Cur tis Payne , Roger L . Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 4/1 4/80 2 9 - AN ORDINANCE AUTIJORIZING i,icLNSE IZE.FUNDS UPON APPLICAI'ION OF CERTAIN PERSONS @NO UPON CERTIFICATION OF 'I'HE commiSSIo,",Lp OF THE REVENUE BE-IT ORDAINED BY TIIE COUNCIL OF TliE CITY OF VIRGINIA BEACII, VIRGINIA: That the following applications.for license refunds, upon certification of the Commissioner of the Revenue are hereby approvea: NAME LICENSE DATE YEAR PAID BASE PENALTY TNT. TOTAL laine B. Eike, Inc. 197 9 5/31/79 9 9 . 2 9 9 92 9 522 Granby St. orfolk, Va. 23505 la, Inc. 613 Shore Drive a. Beach, Va. 23451 1978/7 9 6/12/7 9 261.88 261.88 uckworth Realty Co, Inc. 1978/79 5/16/79 38.08 uckworth Realty 38.08 641 Old Va. Beach Blvd. a. 'leach, Va. 23454 C"tified as tO Payment: Approved as to form: The above abatement(s) totaling $ 399.25 were approved by the ouncil of the CitY of Virginia Beach on th-- day of 9 ty Clerk 3 0 - TAX REFUNDS ITEM #14987 (ITEM II-F.2) Upon motion by Councilman Ervin, seconded by Councilman Holland, City Coun c il voted to APPROVE the requ es t of the City Tr eas u re r for tax refunds in the amount of $25,586.33. 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, Mey era E . Oberndor f , J . Cur tis Payne , an d Roger L. Riggs Council Menibers Voting Nay: None Council Members Abstaining: Mayor Patrick L. Standing Council Members Absent: None 0 4/1 4/80 -31- J,-VIO k t, f OF 'ATIOI@ OF 'J.'!E C@)UIICII, 01,' Tlil;-' Cli:Y OF VIRCINIA BEACH, VIRGINIA. ,Iiat tlic, folici-iiii@o appl-ications for tAx refunds upon certification of the Trcasurer are bereby approved: $14,402.9- Totaling $ TAXI TYPE TICKET EXOIIER- DATE NIA,ll E Y E A 1 OF TAX NIJIIBFR TION N( PAID D EITALTY INT TOTA- ma.& rillie Bariic@tt 70, pp 112846 12/5/79 147.1 sie 11. Gi-mbert 80 RE 74195-3 (1/2) 12/5/79 189.3 & V.71. Roberts so RE J3719-4 (1/2) 12/3/79 ki Williamson 79 pp 129220 12/5/79 60.5 rick L. 80 RT-7 Io@905-5 (1/2) 12/5/79 38.-Z. 19 & J. 11. O'N(-,ill pp 123317 10/30/79 24.S clity Ari--rican Leas. 79 pp '110721 5/30/79 -LI'l-)S.C hard Ii. Hai4kes 79 pp 1.18040 12/5/79 83.7 e P. liyers 79 pp @2/'814 11/7/79 108.6 1 V. Mu@-pliy, Jr. @8 pp 66376 5/22/78 6.'L lier hotel Corp. 80 RE 72621-1 (1/2) 11/19/79 --1,984.2 es liac. 76 pp 101790 2/4/80 --423.@ hie H. Barksdale 79 pp 112805 12/5/79 195.1 The ibovc obatemei-il-(s) to p,.-@yment; were approved by the C un@cii-of- the City of -%Iirginia Beach on the day of t@r,--ovcd as@ to Rutli 11. Sm n, City -32- 10!q 01@@, T 01@ B@. I'f C)I'I)AII,'ED !-,Y Tll',- COt)@CIL Cll.'Y OF Vll'\Glt@I.A PEACII, V'f."@'@-111'!A: Tliat tlic follc)@,,iii,, appl.ications for ttx refuncis tipoi-I certific@ition of the Treasurer are liereby approved: $175.43-- To--alin@_ TAY TYI.'E TICKET @ 1,0@, Er LA YEAF, OF TAX N@,IB,-R TION PAir l@l l@AL 11@T TD- ty irst Mortgage Corp. 80 RE 77208-1 (1/2) 12/5/79 37.00- oodward, Rob't W., III 77 RE 69454-4 (6mo) 5/25/77 59.70- oodway-d, Rob't W., III 80 RE 80053-1 (1/2) 12/5/79 onas, Thomas J. 79 @pp 119496 12/10/79 8.00-- onas, Katherine J. 77 pp 104363 12/21/77 8.8cL- The above abatemen@-(s) totaling to .ere approved by th(t Counc;.l of t'le City of Virginia Beach on the /@-' day of Approved ds to Rutli it. S-@ni.th-, City Clcrk e Biln--;oii, Ci y@@C,l -33- O, C) BE IT Ol'lt)AlNED B'l TliE (;C)LINCII. OF 'J:IIL , CITY OF VIRGII@,IIA BEA@ll, VIRGI.@;illl That tlie follc)@.;in@. appl-ications for tax refunds upon certification o, tlie Treasurer are hereby approved: $10,069.4@ Totalin TAX TYPE TICKET EXOI-4ER- DATE N,k' 4 E YEAF OF TAX N@,IBER TION N( PAID DEN, Cavalier Hotel Corp. 79 RE 11710-4 (1/2) 12/5/78 14,581.36.- Cavalier Hotel Corp. 79 RE 11710-4 (2/2) 6/5/79 -4,581.36- Friends School 79 RE 70731-5 (2/2) 9/11/79 2.7A Smith, Mary L. S. 79 RE 62869-6 (2/2) 6/5/79 97.84 Murphy, Paul V., Jr. 79 pp 66066 6/16/79 4.74 Office Park Associates 80 RE 77168-9 (1/2) 12/5/79 -134.98 Midgette, J.L. & M.M. so RE 76395-6 (112) 12/5/79 - 13.83 Rickard, Carl E. 80 RE 53169-9 (112) 12/5/79 29.20 F-aust, Elmer D. 80 RE 20293-7 (1/2) 12/5/79 24.38 Walton, Joseph Jr. 78 pp 120826 6/31/79 208.87 80 RE 22888-4 (112) 12/5/79 Gardner, Charles etal Tr. 309.15 Linch, D. T., Cdr., USN 77 RE 37840-4 (6mo) 6/10/7 27.60 Linch, D. T., Cdr., USN 78 RE 38991-8 (112) 12/1/77 26.CiS Li.nch, D. T., Cdr., USN 78 RE 38991-8 (2/2) 6/1/78 26.',F, T'@-LC above al)ateinent(s) totaling Cl-rti@-icd as lo pavmen e appl-oved by I, I.1 t ,a City of Virginia @ ex day of Be,ich on the iQgN A'.CKI@o@,-@reasurt pyrovctd as to foi@ @34- Ai4 o@@l., T l@, P,@ i,l@l@TC, 1, @ 0 BI: IT OIZDA'Jiil--I) BY Tlly:,. COUI\,Cll. OF Tlil;-@ CITY OF VII"GINIA Bi--ACH, VII@GII@l,t: That the follo@,;in-, applications for tax refunds upon certification of the Treasurer are hereby approved: $351..75 Tb-a ing TA-Y I TYPE TICKETIEXONER- DATE NAME YE@, OF TAX NU,,IBER TION NC PAID El'ALTY I IqT TO ardot, Aldo 80 CD 45001 1/25/80 .7.50- reerie, Diana R. 80 CD 67048 1/07/30 15.00- albert, Eugene H. 80 CD 125968 1/24/80 7.50- albert, Eugene H. 80 CD 125969 1/24/80 7.'Iz(,)- llefsen, lq,,I. J. & B.r3O CD 118929 1/15/30. 7.50- urke, Myra Lee 80 CD 113389 1/15/80 7.50- rwick, John W. 80 CD 37094 .1/23/30 15.00- rwick, Joli.'l T,,'. 80 CD 37095 1/23/30 15.00 - owc,ry, James ii. 80 CD 34929 3/07/30 15.C'O- tlantic Cement Co. so CD 68531 1/17/80 atacsil, Desiperio D 80 CD 108617 3/12/30 7.50-' lark, Nancy & Ronnie 80 CD 107499 2/15/30 7.50 lancy, Thomas @l. 80 CD 113075 1/08/80 '7.50- ick, llartii-i 80 CD 99363 1/28/30 7 . @- ',) - avis, Ida.W. 80 @D 35154 1/23/30 20.@C)-- urrin, Maggie E. so 'rD 32287 1/22/30 hristie, lielen J. so CD 89910 1/16/30 15.cle- utto-a, Mary & George 80 CD 71120 1/0"-/30 avis, liarvey D. 80 CD 14540 1/11/30 ampbell, Gary @4ayne Flo CD 123377 1/28/30 ose, Kathleen & Thom@s,@;O CD 145849 1/16/80 1.77-)- radford, Charles & B 30 CD 67903 radford, Cha@@les & B 80 CD 67909 1/21/80 7.50- olinson, Charles E. 80 CD 90528 1/14/80 e@,tio, Anthony C. 80 CD 129313 1/15/80 7.5(@- eid, Victoria R. 80 CD 91923 I/i,0/80 7,.5C'- elly, Debra & Michae 80 CD 122844 ]./22/80 7.50- ecatur, Pamela H. 80 CD 103483 1/28/SO eubert, Richard Ned so CD 67339 1/17/30 7.50- arker, Willard R. so CD 125323 1/23/30 7.:Zo- attc-,herty, Brenda G. 80 CD 5603S 3/10/80 anner, Kennetl-i A. 80 CD 45815 1/29/80 15.OC'- ozingo, 14illiam B. 80 CD 104332 1/31/0"" Y-.5(J- auir,ann, lierman L. so CD 121716 1/17/80 7.50- oynter, Kenneth & ki. 80 CD 1812c" 1/15/80 7.50- ddox, @larie G. 30 CD 24991 1/21/30 7.50- olinson, BIois G. 80 CD 92276 1/2('/30 7.5C,- oore, Gloria Jean 80 CD 128234 1/28/80 7.5@ urr.or, Edward D. 80 CD 5244, 2/1/80 7.50- The above ab@atement(s) totaling CerAfied as to i-),ayment; were approved by the Council of the City of Virginia Beach on the day of r( Approvcd as to foi-in: Rutli it@S.- -@--?C-l ty@c 1, in,@c)n, Cit--y At:tc), -35- UPO'L@ A"I@T,ICATIO',i 01,' CER'VAIII l@l,D CLRTII-'-i(@ATIO@@ 01, '1:11F, 'fP@EASIJI'l@p@ BF- I'@C 01@I)AIN'r-,D BY TilE COUNCIL OF Tlll;.' CITY OF VII@GINIA BF-ACII, VIRGI@'i,'@: That the folloi-iin@. applications for tax refunds upon certification of tho Treasurer are liereby approved: $344. 2jO'@ To TAX TYPE TICKET EXONER- DATE l@A@IE YEAP OF TAX NIP@IBI,-,R TION NC PAID DENALTY -114T TOTA-T, Rosenthal, Theodore so CD 126341 1/24/80 7.50- illis, Adrian D.illI 80 CD 55539 2/21/80 7.50- ite@ William C., 80 CD 44839 1/28/80 7,50, ardner, Luann 80 CD 100701 1/30/80 7.50- utman, Jack W. 80 CD 116925 1/14/80 7.@,@ rederick, Robert E. 80 CD 34930 3/7/80 15.OG- recleri-ck, Robert E. 80 CD 34931 3/7/80 IS.OG- all., Richird J., III 80 CD 54744 2/1/80 7.5-u- all, Richard J., III 80 CD 55326 2/18/80 7.50- atta, Larry R. 80 CD 39771 1/28/80 :15.00- unsucker, Ilinnie R. 80 CD 120840 1/18/80 15.C-0- uff, David Kenneth 80 CD 72714 1/24/30 15.OC- berle, William P. so CD 96331 1/22/80 7.50- ulli@ati, J@imes A. 80 CD 140805 1/17/80 1.7- t3l.ligaii, Jam--s A. 80 CD 16941 1/17/00 oi@;c,rs, J. ii. 80 CD 28737 1/21/80 1-5.00 arner, Barbara L. 80 CD 69781 1/21/80 1.5@- itiley,.James D. III 80 CD 14575 1/31/80 15.OC.- iils, Patricia A. 80 CD 27029 1/24/80 it--hell Distributin@C).So CD 67808 1/21/80 riffin, Charles H. 80 CD 49825 3/7/80 50.7c- siwchuk, Marg-aret D. 80 CD 35311 1/14/80 15. @ alery, Barbara & Jaco) 80 CD 91383 1/14/80 15.OC-- alery, Barbara & Jaco) 80 CD 91384 1/1.4/80 L5.0@ cLaughlin, Pat 80 CD 30485 1/22/80 20.00- cLau-hlin, Pat 80 CD 31588 1/22/80 rrington, Thomas E. 80 CD 140553 1/24/80 The above abaternent(s) totalirig Cc@rti-@icd as to @ey were approved by the Council of the City of Virginia Beach on the day of J( A ,pproved as to Iro@,i Rutli ii. Smith, City Clerk -36- All 0 1 "i) I I'@ At", TA", UPOt@ APPI,TCI'i'rION OF Ci,.,",'i'Alli lil"l) 011, LIL. IT O'@NI)AINED BY T]iE COUNCII, OF Tlll@-' CITY OF VII@GIN.IA BEACH, VTT(GINIA: That tlie follotqin@ appl.ications for tax refunds upon certification of the Treasurer are hereby approved: @243.00 To--alinZ.-$-- TA-Y [TYPE TICKET EXONER- DA'I'E . I NAME YE@ OF TAX Nlj'k%IBER TION NC PAID DENALTY INT T 0 T,'@T - Cade, William H. 80 CD @73598 1/28/8C 7.50- Atkinson, Garland J. 80 CD 45934 2/].I/SC 15.00- Billings, Penny A. 80 CD I'L9499 1/16/8C 7@.50- Barry, Herman & Hazel 80 CD 87186 1/09/8C 71.50- Pendletori, Peggy T. 80 CD 121934 1/17/8C 7.50- Gainage, Louise & Char.80 CD 84041 1/04/SC 7.50- Barry, Stephen R. 80 CD 106432 2/12/8C 7.50- '4right, James & Janicc8G CD 90345 Ill,,8r 7.50- Kreassig, Richard M. 80 CD 29003 i/isil8c 7 ' 51- Jennin@s D6vid Bates 80 CD 130374 3/10/8C 3,5.ocf- Murphey, Samuel B. 80 CD 70370 1/2'1/8C 7.50- Larrivee, Debra Ann 80 CD 97998 1/24/8( 7.50- Asso--. Alum. ProductE 80 CD 45979 1/28/8C 15.00 Spain, Luther 80 CD 91@952 1/10/8( Doub, Robc-rt E. 80 CD 130859 3/31/SC I'@7 OC- Juiies, Yiary Susan so CD 25560 15. (jC- Gal-lup, Dcnise @NI. 80 CD 100115 1/25.,'8( 5@ Phillips, Lee 1. 80 CD 100969 2/05i I SC ?.50@ 80 CD 141533 2/04'8( of)- Tyree, Lawrerce E. I Landes, Sue H. 80 CD 44165 .]./25 18.( -,7,. 5 (, - Tut'Liill, Warren E.Jr 80 CD 71390 I/I-A/80 7. 5 C)- andes, James D., Jr. 80 CD 44166 I/Z'5/Se 7.50- itehurst, Jolin H. 80 CD 43019 1/30/80 7.50- lumnieri James & B. 80 CD 53020 2/05/80 7.50- oward, Janc H. 80 CD 70263 1/21/80 -1.5r)- mith, Herbert D. 80 CD 142413 1/23 so 15.f,-)O- sber, D. G. 80 CD 71035 1/22@30 7,.50- The above abateinent(s) totaling Carcificd as to @ -z@i @ were approved by Tlle-ouncil of- the City of Virginia Beacli on the day of JOliN T. ATKINSON, TrC-aSUrE Clerk tpproncd as to fc,i:lll: 3 7 - BINGO/RAFFLE PERMITS (ITEM II-F.3) ITEM #14988 Upori motion by Councilman Ervin, seconded by Councilman Holland, City Coun cil voted to APPRCVE the fo II ow i ng Bingo/ Raf f 1 e Permi ts: Raffle American Cancer Society Bingo Sandbridge Fire Brigade, Inc. Raffle Norfolk City Union of the King's Daughters, T/A Children's Hospital of King's Daughters Raffle Princess Anne Plaza Civic League Voting: 1 1 - 0 Coun c il Members Voti ng 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 4/1 4/80 - 3 8- PLANNING AGENDA CONDITIONAL USE PERMIT (ITEM II-G.I.a) ITEM #14989 Attorney H. Calvin Spain appeared in behalf of the applicant Mr. Keith Blain appeared in opposition Upon motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of BENITO J. AQUINO for a Conditional 'Jse Permit, as per the following; subject to the three 3 conditions as outlined in the City Manager's letter; and, including the three (3) additional conditions: 1. NOT TO EXCEED 400 SQUARE FEET OF RETAIL AREA. 2. LIMITED TO FIVE (5) YEARS. 3. ALL ACTIVITIES UNDER THE USE PERMIT WILL BE CONDUCTED WITHIN THE EXISTING STRUCTURE. ORDINANCE UPON APPLICATION OF BENITO J. AQUINO R0480308 FOR A CONDITIONAL USE PERMIT FOR PHOTOGRAPHIC FILM PROCESSING. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Benito J. Aquino for a Conditional Use Permit for photographic film processing on certain property located on the West side of Edwin Drive beginning at a point 1246.84 feet North of Holland Road, running a distance of 257.33 feet along the Northern property line, running a distance of 150 feet along the West side of Edwin Drive, running a distance of 150 feet along the Western property line and running a distance of 257.33 feet along the Southern property line. Said parcel contains .88 acre. 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. City water and sewer. 0 4/1 4/80 - 3 9 - 3. This operation is to be limited to the processing of fil m for commerc i al pho tograph purpos es, rather than the individual personal photograohic needs of the general public. 4. Not to exceed 400 square feet of retail area. 5 . Limited to five (5) years. 6. All activities under the use permit shall be conducted within the existing structure. This Ordinance shall be effective upon date of adoption. Ado p ted by the Coun c il of the City of Vi rgi ni a B each , Virginia, on the -Fourteenth day of April, 1980. Voti ng : 7 - 4 Council Members Voting Aye: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, and Meyera E. Oberndorf Council Members Absent: None 0 4/1 4/80 40 - SUBDIVISION VARIANCE ITEM #14990 (ITEM II-G.l.b) Attorney Edward Hudgins appeared in behalf of the applicant. I Upon motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to APPROVE the application of C.M. BEASLEY for a variance to Section 4.4(b) of the Subdivision Ordinance, as per the following: Subdivision Variance: Appeals from Decision of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of C. M. Beasley, property located at the North- eastern extremity of Linehan Court. The applicant requests a variance to Section 4.4(b) of the Subdivi sion Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a site located at the Northeast extremity of Linehan Court into two (2) lots. Voting: 9 - 2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: None 0 4/1 4/80 41 - CONDITIONAL USE PERMIT (ITEM II-G.2.a) ITEM #14991 Attorney Frank E. Butler, III, appeared in behalf of the applicant. Mr. James Fox, Engineer, appeared regarding the application Mr. Thomas Aiken, resident of Croatan Beach, appeared in favor Mr. Robert J. Smith, speaking on his own behalf, appeared in opposition. Mrs. Richard Anderson telephoned to register her opposition. Upon motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the Planning Department and APPROVE the application of HELEN L. FOOS for a Conditional Use Permit, as per the following; subject to the following condition: IN ACCORDANCE WITH THE PLAT SUB@IITTED AND SIGNED BY MR. JAMES FOX, ENGINEER, AND AITORNEY FRANK E. BUTLER, Ill, ON 14 April 1980, SIG.NED AND DATED PLAT TO BE MADE A PART OF THESE PROCEED'.NGS. ORDINANCE UPON APPLICATION OF HELEN L. FOOS FOR R0480309 A CONDITIONAL USE PERMIT FOR A DUNE DISTURBING ACTIVITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Helen L. Foos for a Conditional Use Permit for dune disturbing activity on certain property located at the Southeast corner of South Atlantic Avenue and Maryland Avenue, running a distance of 500 feet along the East side of South Atlantic Avenue, running a distance of 200 feet along the Southern property line, running a distance of 500 feet along the Eastern property line and running a dis- tance of 200 feet along the South side of Maryland Avenue. Said parcel contains 2.5 acres. LYNNHAVEN BOROUGH. Approval is subject to the follov,,ing condition in conjunction with the intended use of the land: 1. In accordance with the Pla@ submitted and signed by Mr. James Fox, Engineer, and Attorney Frank E. Butler, III ' on 14 April 1980 signed and dated plat to be 'Iade a part of these @roceedings This Ordinance Shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April 1980. 0 4/1 4/80 4 2 - Vot i ng 9 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: None *IT WAS NOTED CURB AND GUTTERWERENOT REQUIRED ON THE PROPERTY. 0 4/1 4/80 4 3 - SUBDIVISION VARIANCE (ITEM II-G.2.b) ITEM #14992 Attorney H. Calvin Spain appeared in behalf of the applicant. Upon motion by Councilwoman Henley, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and DENY the application of NORMAN D. FERGUSON, JR., for a variance to Section 4.4(b) of the Subdivision Ordinance, as per the following: Subdivision Variance: Appeals from decision of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Norman D. Ferguson, J r .Property located on the South side of Aura Drive, 640 feet East of Princess Anne 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 Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a site located on the South side of Aura Drive approximately 640 feet East of Princess Anne Road, into two (2) lots. Voting: 8 - 3 Council Members Voting Aye: (for denial) John A. Baum, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, George R. Ferrell, and Vice Mayor J. Henry McCoy, Jr. Council Members Absent: None 0 4/1 4/80 - 44 - CHANGE OF ZONING ITEM #14993 (ITEM II-G.3.a.1) Mr. Richard Stell appeared in behalf of the applicant. Upon motion by Councilman Payne, seconded by Councilman Riggs, City Council voted to DEFER FOR TWO (2) WEEKS the application of TCC DEVELOPMENT CORPORATION for a Change of Zoning District Classification, as per the following: Ordinance upon application of TCC Development Corporation for a Cha!le of Zon trict Classification from R Residen!7a'l'iDsistrict to R-5 Residential District on certain property located on the South side of London Bridge Road beginning at a point 697 feet West of Pine View Avenue, running a distance of 119.08 feet along the South side of London Bridge Road, running a distance of 982.33 feet along the Western pro- perty line, running a distance of 490.95 feet along the Southern property line, running a dis- tance of 1046.46 feet along the Eastern pro- perty line, running a distance of 222.35 feet in a Northwesterly direction and running a dis- tance of 168.54 feet in a Northerly direction. Said parcel contains 10.93 acres. PRINCESS ANNE BOROUGH. Voting: 1 1 - 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 4/1 4/80 4 5 - CHANGE OF ZONING (ITEM II-G.3.b) ITEM #14994 Attorney H . Cal vi n Spa in app eared in beh al f of the applicant. 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 DAM NECK PROPERTIES for a Change of Zoning District Classification, as per the following: ORDINANCE UPON APPLICATION OF DAM NECK Z0480493 PROPERTIES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO PD-H PLANNED DEVELOPMENT-HOUSING DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Dam Neck Properties for a Change of Zoning District Classification from AG-1 Agricultural District to PD-H Planned Development- Housing District on certain property located on the West side of Oceana Boulevard beginning at a point 739.61 feet South of Dam Neck Road, running a distance of 1830.46 feet along the West side of Oceana Boulevard, running a distance of 2289.78 feet along the Southern property line, running a distance of 1347.89 feet in a Northeasterly direction, running a distance of 120.50 feet in a Northwesterly direction, running a distance of 1473.98.98 feet in a Northeasterly direction, runn- ing a distance of 89.02 feet in a Northwesterly direction, running a distance of 331.98 feet in a Northeasterly direction, running a distance of 615 feet more or less in an Easterly direction, running a distance of 1420 feet in a Southwesterly direction and running a distance of 620 feet in a Southeasterly direction. Said parcel contains 106 acres. PRINCESS ANNE BOROUGH. Approval is subject to the following conditions conjunction with the intended use of the land: 1. Allow the agreement executed on 20 March 1979 between R & i Associates, Cannon Properties, Dam Neck Properties, Charles F. Jackson and Julian Rashkind (referred to as "Owners"), and the City of Virginia Beach, be the controlling instrument for the development of this property. 2. Twenty-five foot (25') dedication for a park. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April 1980. 0 4/1 4/80 - 46 - Voting: 1 1 - 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, Mey era E . Oberndorf , J. Curti s Payne , Roger L Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 4/1 4/80 4 7 - CHANGE OF ZONING (ITEM II-G.3.c) ITEM #14995 Mr. Harold H. McGee appeared in his own behalf requesting this application be withdrawn. Upon motion by Councilman Merrick, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the Planning Commission and permit WITHDRAWAL of the application of HAROLD H. McGEE for a Change of Zoninq District Classi fication, as per the following: Ordinance upon application of Harold H. McGee for a Chanqe of Zoning District Classification from R-6 Residential District to B-2 Community- Business District on certain property located at the Northwest corner of Chester Street and Waverly Drive, running a distance of 143.46 feet along the West side of Waverly Drive, running a distance of 73.34 feet along the Northern property line, runn- ing a distance of 125.95 feet along the Western property line and running a distance of 74.75 feet along the North side of Chester Street. Said parcel contains .228 acre. LYNNHAVEN BOROUGH. Voting: I I - 0 Council Members Voting Aye: (for withdrawal) 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 4/1 4/80 4 8- CONDITIONAL USE PERMIT (ITEM II-G.3.d) ITEM #14996 Miss Anne Hile appeared in her own behalf. The following appeared in opposition: Mrs. Ruth Ann Rustboldt Mr. Jon Robertson Upon motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of ANNE HILE for a Con- ditional Use Permit for a riding academy and boarding hors s@. ORDINANCE UPON APPLICATION OF ANNE HILE FOR A R0480310 CONDITIONAL USE PERMIT FOR A RIDING ACADEMY AND BOARDING HORSES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Anne Hile for a Con- ditional Use Permit for a riding academy and boarding horses on certain property located 500 feet West of Salem Road beginning at a point 1730 feet South of Elbow Road, running a distance of 840 feet along the Eastern property line, running a distance of 750 feet along the Southern property line, running a distance of 340 feet along the Western property line and running a distance of 870 feet along the Northern property line. Said parcel contains 10 acres more or less. 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. Soil conditions would make compliance with land management criteria necessary for any construction on this site. A Class II-B well is required. 3. Public restrooms are to be provided. 4. An adequately-sized drainage easement over the existing drainage ditch is necessary. 5. Road improvements are to be completed prior to operation of this facility. 6. On-site parking is required. 0 4/1 4/80 4 9 - 7. This operation is limited to a maximum of ten (10) horses. 8 . Operation is for a period of one ( 1 ) year 9. If use of the land changes the property shall revert back to original use. 10. Turn around space is to be provided in front of the gate. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virgi ni a Beach Vi rg i ni a , on the Fourteen th day of April, 1 980 . Vot i ng :7 - 3 Council Members Voting Aye: George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, and Roger L. Riggs Council Members Voting Nay: John A. Baum, F. Reid Ervin, and Mayor Patrick L. Standing Council Members Abstaining: Meyera E. Oberndorf Council Members Absent: None 0 4/1 4/80 50 - CONDITIONAL USE PERMIT (ITEM II-G.3.e) ITEM #14997 Mr. Larry Bloom appeared in behalf of his application. Mrs. Richard Anderson voiced her opposition to this application by telephone. Upon motion by Councilman Payne, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of ABM CONSTRUCTION CORPORATION for a Conditional Use Permit, as per the following: ORDINANCE UPON APPLICATION OF ABM CONSTRUCTION R0480311 CORPORATION FOR A CONDITIONAL USE PERMIT FOR DUNE DISTURBING ACTIVITY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of ABM Construction Corporation for a Conditional Use Permit for dune disturbing activity on certain property located on the East side of Sandfiddler Road beginning at a point 800.4 feet South of Sandbridge Road, running a distance of 100 feet along the East side of Sandfiddler Road, running a distance of 220 feet along the Southern property line, running a distance of 100 feet along the Eastern property line and running a distance of 220 feet along the Northern property line. Said parcel contains .505 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 8ite Plan Ordinance. 2. Approval for septic tank and City water. 3. No contour changes or vegetative removal seaward of the "deck" with the exception of that which is necessary in order to construct the proposed "walkway". 4. All construction should be done with pilings in order to allow for the free movement of wind to the greatest extent possible. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April, 1980. 0 4/1 4/80 5 1 - Voti ng 1 1 - 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None b4/14/80 5 2 - CONDITIONAL USE PERMIT (ITEM II-G.3.f) ITEM #14998 Upon motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and permit WITHDRAWAL of the application of CARLOS MIZE for a Conditional Use Permit, as per the following: Ordinance upon application of Carlos Mize, Richard Esterline and Geoffrey Culwin for a Conditional Use Permit for a restaurant/night club on certain pro- perty located at the Northeast corner of Virginia Beach Boulevard and Mediterranean Avenue, running a di s ta nce of 227 . 5 feet al on g the North s i de of Virgin i a Beach Boulevard, running a distance of 140 feet along the Eastern property line, running a distance of 227.5 feet along the Northern property line and running a dis ta nce of 1 40 feet al on g the East s i de of Medi terranean Avenue. Said aprcel contains .73 acre. VIRGINIA BEACH BOROUGH. Vo tin g 1 1 - 0 Council Members Voting Aye: (for withdrawal) 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 04/14/80 5 3 - CONDITIONAL USE PERMIT (ITEM II-G.3.g) ITEM #14999 Mr. Al Evans, Bayport Construction Corporation, appeared in behalf of his application. Upon motion by Councilman Ervin, seconded by Vice Mayor McCoy, City Coun c il voted to up ho l d the recommen dation of the Pl an ni ng Commission and APPROVE the application of BAYPORT CONSTRUCTION CORPORATION for a Con di tional Use Permit, as per the fol low i ng ORDINANCE UPON APPLICATION OF BAYPORT R0480312 CONSTRUCTION CORPORATION FOR A CON- DITIONAL USE PERMIT FOR A BULK STORAGE AND BUILDING CONTRACTOR'S YARD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Bayport Construction Corporation for a Conditional Use Permit for a bulk storage and building contractor's yard on certain property located on the North side of Credle Road beginning at a point 1076.87 feet East of Oceana Boulevard, running a distance of 75 feet along the North side of Credle Road, running a distance of 324,75 feet along the Eastern property line, running a distance of 75.09 feet along the Northern property line and running a distance of 320,68 feet along the Western property line. Said parcel contains .555 acre. LYNNHAVEN 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. Septic tank approval is subject to the receipt of an acceptable site plan. 3. No sale or processing of scrap, salvage, or second-hand material will be permitted. 4. A fence or wall not less than 6 feet in height shall completely enclose the storage yard except for the necessary openings for ingress and egress. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April, 1980. 0 4/1 4/80 5 4 - Vo ting I I - 0 Council Members Voting Aye: John A. Baum , F. Re id Erv in, George R. Ferrel 1 , 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: None 0 4/1 4/80 5 5 - @oDk,2i)tl- R4r,,, .3?7 ORDINANCES ENCROACHMENT (ITEM II-H.l.a) ITEM #15000 Mr. Charles Jackson appeared in behalf of his application. Upon moti on by Vice Mayor McCoy, s e con ded by Coun cil man Ho l 1 an d , City Council voted to APPROVE the following Ordinance granting a temporary encroachment into a portion of the right-of-way of Chatmoss Drive to Tidewater Builders, Inc., and provided this Ordinance be in effect until such time that the Tidewater Builders, Inc., executes an agreement with the City of Vir'ginia Beach encompassing the provisions in the Ordinance. Vot ing: I I - 0 Coun c il Members Vo ting 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 4/1 4/80 - 5 6 - 1- ,4ri 328 Requested By: The Department of Public Works AN ORDINANCE GRANTING A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF CHATMOSS DRIVE TO TIDEWATER BUILDERS, INC. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Tidewater Builders, Inc., is authorized to erect and maintain a temporary encroachment into a portion of the City right-of-way of Chatmoss Drive. That the temporary encroachment herein authorized is for the purpose of erecting a community identification sign and that said encroachment shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Chatmoss Drive, designated by the shaded area, as shown on that certain plat entitled "Exhibit Showing Proposed Encroachment Into Chatmoss Drive Right-Of-Way," dated January 10, 1980, made by Talbot & Associates, Ltd., a copy of which is attached hereto and recorded simultaneously herewith, to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of the Tidewater Builders, Inc., and that within 30 days after such notice is given, said encroachment shall be removed from the City right-of-way of Chatmoss Drive by the Tidewater Builders, Inc., and that the Tidewater Builders, Inc., shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that the Tidewater Builders, Inc., 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 04/14/80 5 7 - p4r,,323 necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this Ordinance shall not be in effect until such time that the Tidewater Builders, Inc., executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of April 1 980 . 0 4/1 4/80 5 8 - goDk2Oll p4r,r33 q.,ro, P V@17 67 pi i;gine,,ers, Arc@i';tects, iarcers, Surveyors 'OC 5 9 - SECOND READING (ITEM II-H.2.a.1) ITEM #15001 Upon motion by Councilman Payne, seconded by Councilman Ervin, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate funds for the operation of a shuttle bus service in Virginia Beach through June 30, 1980; and, to authorize the City Manager to enter into agreement with Tidewater Regional T r a n s i t Vot i ng 1 1 - 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, Mey era E . Obern dorf , J . Curt is Payne , Ro ger L . Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 4/1 4/80 - 60 - AN ORDINANCE TO APPROPRIATE FLJNDS FOR THE OPERATION OF A SHUTTLE BUS SERVICE IN VIRGINIA BEACH THROUGH JUNE 30, 1980 AND TO AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH TIDEWATER REGIONAL TP-ANSIT WHEREAS, in order to operate shuttle buses in Virginia Beach between hotel@, motels, Pavilion and parking lots and, WHERF-AS, two of the four buses are scheduled for delivery on or about April 15, 1980 and two on or about May 15, 1980 and, WHEREAS, it is planned that the buses can be operated with personnel hired under the Comprehensive Employment and Training Act (CETA) until June 30, 1980 with other operating funds appropriated by the city and, WHEREAS, the costs for the service will be paid initially by the city with reimbursement to come from passenger fares with any operating deficits to be shared equally by Tidewater Regional Transit (TRT) and City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BFACH, VIRGINIA that funds are hereby appropriated from General Fund Balance for the operation of the shuttle bus ser-vice to June 30, 1980 as follows: Contractual Services $ 3,800 Materials & Supplies 7,34@ Total $ll,i45 BE IT FURTHER ORDAINED that the City Mana@er is hereby authorized to enter into the appropriate agreeinent with TRT for and on behalf of the city. This Ordinance shall be effective upon date of adoT)tion. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of April 19 80 First Reading: March 24, 1980 Second Reading: April 14, 1980 0 4/1 4/80 -6T- SECOND READING (ITEM II-H.2.a.2) ITEM #15002 Upon motion by Councilman Baum, seconded by Councilman Riggs, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate funds for the operation of the Tourist Information Center and to establish positions therefor. Vot i ng : 1 1 - 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 4/1 4/80 - 6', - Requested by: City Manager AN ORDINANCE TO APPROPRIATE FUNDS FOR THE OPERATION OF THE TOURIST INFORMATION CENTER AND TO ESTABLISH POSITIONS THEREFOR WHEREAS, the Chamber of Commerce has previously operated a Tourist Information Center for the benefit of the city and, WHEREAS, the Virginia Beach Innkeepers and the Chainber of Commerce have agreed that the Center now be operated by the city and, WHERF-AS, the Virginia Beach Innkeeper have agreed to pay the full cost of operation through June 30, 1980, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that authorization is hereby given for the establishment of 2 personnel positions for the operation of the Center with classes of enq)loyees to be determined by the City Manager and, that furxds totaling $31,558 are hereby appropriated for the operation of the Tourist Information Center to June 30, 1980 as follows: Salaries and Benefits $ 6,558 Other Operating Expenses 25,000 Total L31,558 BE IT FURTHER ORDAINED that Estimated Revenues of $31,558 be recorded for funds anticipated from the Virginia Beach Innkeepers to cover the appropriation for the Center Operation. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of April 19 0 First Reading: March 24, 1980 Second Reading: April 14, 1980 0 4/1 4/80 6 1 - FIRST READING (ITEM II-H.2.b.1) ITEM #15003 Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council voted to APPROVE ON FIRST READING the Ordinance to transfer appropriations totaling $65,000 from Beechwood Sewer to Bee chwood Water an d Bee chwood St reets. bei ng fun ded in the Fi f th Program Year of the CDBG. Voting: I 1 - 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 04/1 4/80 6 4- AN ORDINANCE TO TRANSFER APPROPRIATIONS TOTALING $65,000 FROM BEECHWOOD SEWER TO BEECHWOOD WATER AND BEECHI@OOD STREETS WHEREAS, the City wishes to begin work in the Beechwood target area under its Community Development Block Grant Program (CDBG); and, WHEREAS, it is economically more feasible to have engineering services performed for the sewer, water, and streets projects by the same firm at the same time; and, WHEREAS, the Department of Housing and Urban Development allows transfers of funds among projects within the same target area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That appropriations totaling $65,000 be transferred from Beechwood Sewer to Beechwood Water ($15,000) and to Beechwood Streets ($50,000), all projects being funded in the fifth program year of the CDBG. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. FIRST READING: April 14, 1980 SECOND READING: 0 4/1 4/80 6 5 - FIRST READING (ITEM II-H.2.b.2) ITEr'@ #15004 Upon motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City Coun c il voted to APPROVE ON FI RST READI NG the Ord i nan ce to accept a Grant totaling $67,036 from the Division of Justice and Crime Prevention, and to appropriate funds totaling $73,732. Vot in g : I 1 - 0 Council tlembers 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. flerrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 4/1 4/60 - 66 - Requested By: City Manager AN ORDINANCE TO ACCEPT A GRANT TOTALING $67,036 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION, AND TO APPROPRIATE FUNDS TOTALING $73,732 WHEREAS, the Commonwealth's Attorney desires to more effectively prosecute career criminals and major violators charged with crimes; and, WHEREAS, the Division of Justice and Crime Prevention (DJCP) has approved third year funding to accomplish the above objective. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a Grant be accepted and appropriated for the following purpose: Estimated Revenue Local Total From Other Agencies Match Appropriations Major Violator Unit $63,684 $10,048 $73,732 That the appropriations be financed by $63,684 estimated revenue from the DJCP, and a local contribution of $10,048 to be transferred from excess approproations in the Commonwealth Attorney's fiscal year 1980 Operating Budget; and, That a total of three personnel positions be authorized for the 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. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. First Reading: 14 April 1980 Second Reading: 04/14/80 6 7 - FIRST READING (ITEM II-H.2.b.3) ITEM #15005 Upon motion by Councilman Baum, seconded by Councilman Holland, City Coun ci 1 voted to APPROVE ON FIRST READING the Ord i nan ce to t rans f er funds of $30 000 wi th in the De partment of Pub Ii c Uti 1 i ties for a rate study. Voting: 1 0 - I 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: Donald W. Merrick Council Members Absent: None 0 4/1 4/80 6 8 - Requested By: City Manager AN ORDINANCE TO TRANSFER FUNDS OF $30,000 WITHIN THE DEPARTMENT OF PUBLIC UTILITIES FOR A RATE STUDY WHEREAS, the previous issuance of $39,900,000 Double-Barrel Bonds assured the bondholders of the City's obligation to reviei the rates and charges of the water and sewer enterprise fund in order to maintain the fund's self-sustaining basis and provide security for the Bonds; and, WHEREAS, the Department of Public Utilities needs a rate study in order to review present expenses and sources of revenue; and, WHEREAS, Buck, Seifert and Jost, Inc., has proposed such a Study at a cost of approximately $30,000; and, WHEREAS, unused personnel funds in the operating budget of the Engineering Division of the Department of Public Utilities are available for financing this study. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds of $30,000 be transferred within the Engineering Division of the Department of Public Utilities for the purpose of financing a rate studyon the City's water and sewer system,, BE IT FURTHER ORDAINED that the City Manager is hereby authorized to enter into a contract with Buck, Seifert and Jost, Inc., for the purpose of conducting a rate study. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980 First Reading: 14 April 1980 Second Reading; 04/14/80 6 9- FIRST READING (ITEM II-H.2.b.4) ITEM #15006 Upon motion by Coun c ilman Ho l I an d , s e con ded by Vice Mayor McCoy, City Coun cil voted to APP ROVE ON FIRST READI NG the Ord i nan ce to appropriate $90,000 for the purchase of an aerial ladder truck from the Ocean Park Volunteer Fire and Rescue Squad, Inc. Vo ting : 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry tIcCoy, 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: None 0 4/1 4/80 - 7 0 - AN ORDINANCE TO APPROPRIATE $90,000 FOR THE PURCHASE OF AN AERIAL LADDER TRUCK FROM THE OCEAN PARK VOLUNTEER FIRE AND RESCUE SQUAD, INC. WHEREAS, the Ocean Park Volunteer Fire and Rescue Squad, Inc., is considering the sale of its aerial ladder truck; and, WHEREAS, the City has need of this equipment, particularly in areas having high rise buildings such as Ocean Park; and, WHEREAS, the purchase price of the equipment is $90,000 consisting of a cash payment of $80,000 and cancellation of the remaining indebtedness on the original City loan for the purchase of the equipment of $10,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds of $90,000 be appropriated from the General Fund Balance for the purchase of an aerial ladder truck. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. First Reading: 14 April 1980 Second Reading: 04/14/80 - 71 - OLD BUSINESS PARKING-ATLANTIC AVENUE (ITEM II-I.1) ITEM #15007 Mr. Leigh Forbes, Forbes Candies, appeared before Council advising that due to the approaching tourist season, the merchants on Atlantic Avenue are appealing to City Council to have parking placed back on Atlantic Avenue. Mr. Joe Howa appeared regarding this matter. Mr. John Herske, Traffic Engineer, advised Council it would take approximately four (4) weeks to place the parking meters back on Atlantic Avenue and to restripe the street. Councilman Riggs made a motion, seconded by Vice Mayor McCoy, to have the parking put back on Atlantic Avenue. Councilman Baum offered a SUBSTITUTE MOTION, seconded by Councilman Payne, to DELAY FOR FOUR (4) WEEKS the decision to place the parking back on Atlantic Avenue. The recorded vote on the SUBSTITUTE MOTION is as follows: Voting: 4 - 7 Council Members Voting Aye: (for substitute motion) John A. Baum, George R. Ferrell, J. Curtis Payne and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid c@rvin, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald t4. Merrick, Meyera E. Oberndorf, and Roger L. Riggs Council Members Absent: None 0 4/1 4/80 - 7 2 - The re corded vote on the MA IN MOTION is as f ol 1 ows Voting: 9 - 2 Council Members Voting Aye: (for Main Motion) F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W . Merri ck , Mey era E . Obe rn do rf , J . Cur tis Payne , Roger L . Ri ggs , an d Mayor Pat ri ck L . Standi ng Council Members Voting Nay: John A. Baum, and George R. Ferrell Council Members Absent: None The MAIN MOT ION ca rri ed; therefore, pa rki ng will be put back on Atlantic Avenue. 0 4/1 4/80 - 7 3 - NEW B[JSINESS CANCEL MEETING (ITEM II-K.1) ITEM #15008 COUNCILMAN FERRELL LEFT CHAMBERS Upon motion by Councilman Baum, seconded by Vice Mayor McCoy, City Council voted to CANCEL the Regular Meeting of 26 May 1980 (Memorial Day Holiday). Voting: I 0 - 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: George R. Ferrell 0 4/1 4/80 - 74- MATTERS BY COUNCIL BUDGET REDUCTION ITEM #15009 Councilman Merrick made a motion, seconded by Councilman Ervin, to INC REAS E THE UNAPPROP RI ATED S URPL Us FUND by $5 . 2 Mi 1 1 i on ; however, not effect the positions needed in the Fire and Police Departments; employees receive the ten percent (10%) increase; and, proposed tax reduction of seven cents (7cts) Voting: 4 - 6 Council Members Voting Aye: F. Reid Ervin, Barbara M. Henley, Donald W. tlerrick, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Absent: George R. Ferrell The above motion was LOST. 0 4/1 4/80 7 5 - ITEM #15110 Councilwoman Henley requested clarification as to why Council must have a FO Rt4AL vote on the appl i cation of La k es i de Con - struction Corporation as the matter has been rezoned? The City Attorney advised Council would have to consider the contract; however, it dbbs not have to be by FORMAL vote. ITEM #15111 ADJOURNME,NT Upon motion by Councilman Holland, seconded by Councilman Merrick, City Council by ACCLAMATION adjourned at 6:00 p.m. Diane M. Hickman, Deputy City Clerk Ruth HodgesSmith, City Clerk- Standing City of Virginia Beach, V i r g i n i a 14 April 1980 h