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HomeMy WebLinkAboutJULY 9, 1979 CITY OF VIRGINII BEACI MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, A, L.,g, CLAREVCE A. HOL.LAND, M.D., B.,,id@ B.,@.gh VICE MAYOR J. HENRY M,COY JR., D.D.S., K,.p,,ill@ B@,.,Rh DONALD W. MERRICK, Ly@@h.,@@ B.,..gb JOHN A. BAIJM, B.,..gh MEYERA E. OBERNDORP, At L.,g@ F. REID ERVIN, A, L.,g, J. CUR71S PAYNE, P,i@,@,, A@@@ B .... gb GEORGE R. FERRELL, A, [@.,g@ ROGER L. RIGGS, Vigi@i. B@.,h B.,..gh BARBARA M. HENLEY, P,@g. B.,..gb R(JTII [IODGES SMITH, Ci,y Cl@,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: Monday, 9 July 1979 - 12:30 a.m. A. CALL TO ORDER - Mayor Patrick L. Standing B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTTVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Briefing on Comprehensive Plan ITEM II FORMAL SESSION: Monday, 9 July 1979 - 2:00 p.m. A. INVOCATION - Reverend William L. Gregory Bayside Baptist Church B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 2 July 1979. E. RESOLUTIONS - None F. PUBLIC HEARINGS - None G. 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. Letter from the City Manager reco=ending that City Council approve the Ordinance authorizing conveyance of excess property in connection with the vacation of a portion of Shell Road. 2. Letter from the City Manager reconunending that City Council approve the Ordinance to amend and reordain Section 22-42 of the Code of the City of Virginia Beach pertaining to drivers to obey siqns; AND, approve the Ordinance to amend and reordain Section 22-98 of the Code of the City of Virginia Beach pertaining to maximum and minimum speed limits; AND, approve the Ordinance to amend and reordain Section 22-91 of the Code of the City of Virginia Beach pertaining to driving certain vehicles in ex- cess of eighty miles per hour. ITEM TI G. CC)NSENT AGENDA - continued 3. Letter from the City Manager recommending that City Council approve the Ordinance authorizing certain events conducted on City property to be exempt from the rohibition from working or transacting business on Sunday. 4. Letter from the City Manager reco=ending that City Council approve the request of Mr. John Atkinson, City Treasurer, for tax refurids in the amount of $2 59. 50. H. PLANNING ITEMS 1. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the applicatiori of Shore Drive Assoc- iates for a change of zoning from B-2 Community- Business District to A-3 Apartment District on a 3.68 acre parcel located on the south side of Shore Drive, east of Diamond springs Road (Bay- side Borough). 2. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of L. D. Associates for a change of zoni.ng from 0-1 Office District to B-2 Co=uni.ty-Business District on a 4.746 acre parcel located on the east side of Holland Road, south of Stoneshore Road (Princess Anne Borough). Deferred on June 25, 1979 for two weeks. I. ORDINANCES 1. Planning a. Letter from the City Manager transmitting the recommendation of the Planning Commisssion for approval of the Ordillance to amend and re- ordain Article 15, SectiQn 1504 of the CZO pertaining to sign regulations; (C-1 District) AND, the Ordinance to amend and reordain Article 10, Section 1004 of tile CZO pertaining to sign regulations; AND, the Ordinance to amend and reordain Article 7, Section 705 of the CZO pertaining to sign regulations; (ii-I District) AND, the Ordinance to amend and reordain Article 8, Section 804 of the CZO pertaining to sign regulations; (0-1 District) AND, the Ordinance to amend and reordain Articl-e 9 of tlie CZO pertaining to sign regulations. ITEM II I. ORDTNANCES 2. Tn General a. Letter from the City Manager recc)mending that City Council approve the Ordinance ratifying assessments against abutting landowners for the improvement and paving of Spot Lane, Princess Anne Borough. 3. Second Reading a. City Council is requested to approve on second reading the ordinance to accept a grant totalling $816,906 from the Commission of Outdoor Recreation, AND, to appropriate these funds for Great Neck Park. b. City Council is requested to approve on second reading the ordinance to authorize the acquisition of property in fee simple for the Chesapeake Beach Pr6tection Pro- ject, either by agreement or by condemnation; AND, to appropriate the necessary funds for said acquisition of land or interest in said land for the Chesapeake Beach Protection Pro- ject. 4. Appropriations a. First Readings 1. I,etter from the City Manager reco=ending that City Council approve the Ordinance to accept $2,560,000 from the Department of Housing and Urban Development; AND, to appropriate these funds on first reading. b. Bids - None C. Grants - None 5. Code Amendments - None J. OLD BUSINESS 1. Appointments to Boards and Commissions. K. NEW BUSINESS 1 . Campus Crusade for Christ L. ADJOURNMENT 1. Motion to adjourn tlinutes of the Honorable City Council OF THE CITY OF VIRGINIA BEACH, VIRGIIIIA July "', 1979 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Patri(:k L. Standing, in the Conference Room, in the Administration Building, on Monday, July 9, 1979, at 12:30 p.m. Council Members Present: John A. Baun, George R. Ferrell, Barbara M. Henle,,, Clarence A. Holland, J. Henry ticcoy, Jr., Donald W. Merrick, rleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Absent: F. Reid Ervin* ITEM #13935 t@'.ayor Standing entertained a motion to permit Council to conduct an INFORr'AL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of eiiiployment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appoinlees or em.r)loyees of any public body. (Personnel Matters) 2. The protection of the privacy of individuals in personal matters not related to public business. (-Persorial @@,atters) 3. Consultation with legal counsel arid briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other lecal matters within the jurisdiction of the public body. (Leqal 4atters) O@i i@otion by Councilman Payne, seconded by Council,.qan Holland, City Council voted to nroceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Plembers Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. f4errick, t'eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council P.(,rlbers Voting Nay: None Council @lembers absent: F. Reid Ervin 2 - SHORE DRIVE ASSOCIATES ITEM #130,36 The City Manager indicated that there was an item on the FORMAL AGENDA today (July 9, 1979) regarding the application of Shore Drive Associates for a Change of Zoning from B-2 Community-Business District to A-3 Apartment District. The Planning Commission recommended APPROVAL of the application; however, they also recommended Council WAIVE standard site improvements. The City Manager requested standard site improvements be placed back on the stipulations for approval. COMPREHENSIVE LAND USE PLAN ITEM #13937 rlr. Robert J. Scott, Planning Director, appeared before Council at the INFORrpAL SESSION to discuss the remainder of the Comprehensve Land Use Plan. @ir. Scott indicated that at last week's Council meeting (July 2, 1979) Council discussed six (6) Areas in the Comprehensive Land Use Plan; however, he wished to clarify one point which came up under two of the Study Areas, Bavside and Courthouse-Sandbridge Study Areas, which concerns a particular density per acre - four (4) units per acre or six (.6) units per acre. What was meant by thatwas the number of units per RESIDENTIAL ACRE. An example: If twenty-five (25) acres were recommended for commercial use that would leave seventy-five (75) acres left for residential use out of a one hundred 1\100) acre tract of land. THE BAYSIDE STUDY AREA AND TIIE COURTHOUSE-SANDBRIDGE STUDY AREAWERE IN THE MINUTES OF JULY 2, 1979. THE LITTLE NECK STUDY AREA is located in the north central portion of the City. It is bounded genera'ily on the north by Lynnhaven Bay; on the east by the Eastern Branch of the Lynnhaven River; on the west by the Western Branch of the Lynnhaven River; and on the south by the Norfolk-Virginia Beach Toll Road. The Little Neck Area is predominantly residential in character. Some commercial and office uses are present but confined to the Virginia Beach Boulevard corridor and the Pembroke area. Little @leck can be divided for discussion into three fairly distinct sections: 1. The section of the study area north of Kings Grant is exclusively lovi density residential in nature with the exception of one small area zoned for apartment use; 2. The section from Malibu to Kings Grant is predorqinantly medium density residential; and 3. South of Malibu is the Virginia Beach Boulevard corridor which is predominantly commercial with some high density residential areas. The transportation inadequacy in Little Neck can berectifiedand fliture inadequacies prevented by the construction of the North Plaza Trail Pro.iect and by the widening of Bonney Road and its connection to Constitution Drive, both within this planning period. Future land use decisions must be made according to their relationship to existing conditions and trends in Little Neck. In general the following should serve as a guide to growth management in the study area: A. Residential Development - the character and integrity of existing residential areas should be maintained. The numerous established neighborhoods in the area should be protected from encroachment by incompatible uses. The low density section of the study area north of Kings Grant is 07/09/79 - 3 - undergoing considerable development. This new construction is occurring at densities allowed by R-1, R-2 and R-3 zoning, which is consistent with surrounding subdivisions. No future growth should occur in this area at greater densities due to the potential adverse effect on Little Neck Road and neighbor- hood integrity. B. Commercial Development - is located exclusively along the Virginia Beach Boulevard corridor. This strip extends from Pembroke east to London Bridge Creek. Commercial development should be encouraged to infill rather than ex'Dand into areas which are residential. The following areas which total nearly 300 acres in large tracts are suitable for additional commercial expansion: 1. Undeveloped acreage in the Pembroke area zoned B-2 and B-3; 2. Undeveloped land in the Thalia area north of Virginia Beach Boulevard east of Thalia Drive and south of Virginia Beach Boulevard bordering on Bonney Road; and 3. North and south of Virginia Beach Boulevard in the Little Neck Road area. In addition, the Rose Hall propertv, which is in an Iiistoric and Cultural District, is partially available for commercial development that is in keeping with the historic nature of the Francis Land House. C. Flood Plain - is extensive in this study area. Although it is presently 74% developed, all development in the remainder of the flood plain should be at the lowest practical density with all proposals closely scrutinized to assure maximum public pro- tection fron flooding and to assure the natural conveyance of stormwater. Strengthening of the Comprehensive Zoning Ordinance to provide for this protection is essential. D. Industrial Development - is only a small scattered amount of industrial activity viithin the study area at the present time. There is a small amount of vacant I-1 acreage (approximately 30 acres in several parcels), but this land is severely impacted by environmental constraints and is not suitable for major industrial location. The OCEANFRONT STIJDY AREA was discussed in the minutes of last week (July 2, 1979); however this study area is located in the eastern portion of the City. It is bounded generally on the north by Seashore State Park and Fort Story; on the east by tlie Atlantic Ocean; on the south by Camp Pendleton and Owls Creek; and on the west by NAS Oceana and Linkhorn Bay. Growth of both residential development and population is stabilizing in the Oceanfront Study Area. Development since 1960 has been moderate compared to the growth rate in several other study areas. Commercial development has occurred in the eastern portion of the study area on the oceanfront itself. The southwestern portion of the Oceanfront Study Area borders Oceana Naval Air Station. The potential for aircraft noise is high and the potential for aircraft crashes is moderate in the area of Birdneck Road, north of Virginia Beacli Boulevard and continuing through Birdneck Point. From Birdneck Point east to the Oceanfront the potential for noise problems is moderate, and the potential for aircraft crashes is low. More than any other study area, the Oceanfront functions as a magnet drawing most of its traffic from outside the study area to the resort portion of the City. Most traffic does not originate at the Oceanfront, but instead passes through other study areas to get to the Beachfront via major corridors such 07/09/79 - 4- as Shore Drive, the Norfolk-Virginia Beach Expressway, Laskin Road, General Booth Boulevard and Virginia Beach Boulevard. Therefore, most transportation concerns are for traffic circulation methods rather than road expansion. The Atlantic Ocean Coastline is one of the most unique and valued public assets of the State and Community. In order to protect this important environmental resource and to help insure public safety, it is vital that the recently adopted Coastline Management Ordinance be effectively enforced. With increasing development, the stormwater runoff increases in both volume and pollution level. In an area of critical environmental relationships, such as the Oceanfront area, this runoff can be a serious problem. The City of Virginia Beach should seek to mitigate this problem by reviewing and adopting the best management practices of the 208 Study. The PUNGO-BLACKWATER STUDY AREA was discussed in the minutes of July 2, 1979; however, this study area has the most environmental impact and the least land use changes proposed. It is a very stable area as far as population is concerned. In this study area, City water and sewer service is not available. No such service is planned for the study area in this planning period. Water supply and sewage disposal is handled by wells and septic tanks, which is a suitable approach for the rural nature of the study area. There are two (2) important issues: A. . The Master Street and Highway Plan calls for some very wide roads down in this study area. It is suggested that these roadways be reduced sixty-six feet (66') which will be more than sufficient to handle the needs of the residents in the area. If there is a vast increase in population the City would cercainly need wider roads in this area. With a sixty-six foot (66') right-of-way the City can build a four-land undivided highway, with curb, gutter, drainage and sidewalks. B. ance especially, m that this area of water qtality ground water, etc.). It is regulated by the State Water Control Board as they regulate the discharge from lagoons that are associated with hog raising. *COUNCILMAN ERVIN ENTERED MEETING AT 12:58 p.m. The City Manager indicated there was an odor problem in the area of hog farms, and he will be coming to Council in the near future requesting funds to air- condition Creeds School. The official maps will be available for citizens and Council Members. The Comprehensive Land Use Plan is to be advertised for Public Hearing to be heard on August 6, 1979. 07/09/79 FORMAL SESSION ITEM #13938 Monday, July 9 2:10 p.m. Council Members Present: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Absent: F. Reid Ervin* INVOCATION was given by the City Clerk. PLEDGE OF ALLEGIANCE (ITEM II-D.1) ITEM #13939 MINUTES On motion by Councilman Ferrell, seconded by Councilman Baum, City Council voted to APPROVE the Minutes of the Regular tieeting of July 2, 1979, with the following correction: The Ordinance to appropriate $7,070 in the Lynnhaven Sanitary Debt Fund for Transfer to the General Fund was recorded as adopted July 2, 1979; however, this appropriation necessitates a SECOND READING which will be made for adoption today, July 9, 1979, under SECOND READINGS, Item II-I.3.c, Voting: 10-0 Council Members Voting Aye: (with correction) John A. Baum, George R. Ferrell, Barbara M, Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: .None Council Members absent: F. Reid Ervin 07/09/79 (ITEM 11-I.G.1) ITEM #13940 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: WITH THE EXCEPTION OF ITEM NUMBER THREE (3), WH-ICH WILL BE VOTED ON SEPARATELY: AN ORDINANCE AIJTHORIZING CONVEYANCE OF EXCESS PROPERTY IN CONNECTION WITH THE VACATION OF A PORTION OF SHELL ROAD WHEREAS, the following described property was vacated as a street pursuant to the application of William T. Wingfield on October 17, 1977; and WHEREAS, the City may have acquired title to a portion of that part below described street by virtue of the closure; and WHEREAS, it is the opinion of the City Council that the property vacated is in excess of the needs of the City. NOW, THEREFORE, Be It Ordained By The Council Of The City Of Virginia Beach, Virginia: That the Cit@t Manager is hereby authorized to execute a Quit Claim deed and convey the following excess property, to-wit: All that certain lot, piece of parcel of land with improvements thereon, lying, being and situated in Bayside Borough, City of Virginia Beach, Virginia, designated and shown as "Closed Portion of Shell Road" on the plat entitled "Plat Showing Closed Portion of Shell Road Adjacent to Lots 40 and 41 Shelton Place, Virginia Beach, Virginia (MB. 13, pg. 40)" dated March 7, 1979, prepared by James C. Hickman, Land Surveyor, said plat being duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 133, at Page 32, to which reference is made for a more particular description. Adopted by the Council of the City of Virginia Beach, Virginia, on this -9th day of , 1979. On motion by Councilman Baum, seconded by Councilman Merrick, City Council voted to APPROVE the above Ordinance authorizing conveyance of excess property in connection with the vacation of a portion of Shell Road. Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. liolland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing 07/09/79 Council Members Voting Nay: None Council Members absent: F. Reid Ervin (ITEM II-G.2) ITEM #13941 On motion by Councilman Baum, seconded by Councilman Merrick, City Council voted to APPROVE the following Ordinance to amend and reordain Section 22-42 of the Code of the City of Virginia Beach, Virginia, pertaining to Drivers to Obey Si gns : Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: F. Reid Ervin 07/09/79 -8- AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-42 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DRIVERS TO OBEY SIGNS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 22-42 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 22-42. Drivers to obey signs. The driver of a motor vehicle, trailer or semitrailer shall obey and comply with the requirements of road signs, signals, markings or lights erected upon the authority of the State Highway Commission, proper agencies of the federal government or the city manager. No provision of this section relating to the prohibition of disobeying road signs or violating local traffic signals, markings and lights shall be enforced against an alleged violator if, at the time and place of the alleged violation, any such sign, signal, marking or light is not in proper position and sufficiently legible to be seen by an ordinarily observant person. A The failure of such driver to obey such signs, signals, markings or lights or to comply with the provisions of the section shall constitute a class II misdemeanor. The ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of Jul V 1979 DSH/cj APPRGVED AS TO CONTENTS 6/28/79 NOTE: See Section 46.1-173, Code of Virginia for similar statt ]W.ROVED AS CITY ATTORNEY 07/09/79 (ITEM II-G.2) ITEM #13942 On motion by Councilman Baum, seconded by Councilman Merrick, City Council voted to APPROVE the following Ordinance to amend and reordain Section 22-98 of the Code of the City of Virginia Beach, Virginia, pertaining to Maximum and Minimum Speed Limits: Voting: 10-0 Council tiembers Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: F. Reid Ervin 07/09/79 - 1 0 - AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-98 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO MAXIMUM AND MINIMUM SPEED LIMITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 22-98 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 22-98. Maximum and minimum speed limits; posting, etc., of school zones. No person shall drive any motor vehicle upon a highway of this city at a speed in excess of the maximum speed limits or at a speed lower than the minimum speed limits as hereinafter prescribed. (1) Maximum limits. (a) Fifty-five miles per hour on the Interstate System of Highways or other limited access highways with divided roadways. (b) Fifty-five miles per hour on nonlimited access hi(hways having 'i four or more lanes and on all State primary highways. (c) Fifty-five miles per hour on highways not included in (a) or (b) if the vehicle is a passenger motor vehicle, passenger bus, United States post office bus, pickup or panel truck or a motorcycle; and forty-five miles per hour on such highways if the vehicle is a truck, road tractor, tractor truck, or combination of vehicles designed to transport property, or is a motor vehicle being used to tow a vehicle designed for self-propulsion, or a house trailer. (d) Thirty-five miles per hour or the minimum speed allowable, whichever is greater, on any highway other than an interstate highway, if the vehicle is being used as a school bus carrying children, and forty-five miles per hour on interstate highways; provided, however, that for any such vehicle which neither takes on nor discharges children between its point of origin and point of destination, the speed limit shall be forty-five miles per hour. (e) Forty-five miles per hour on any highway if the vehicle or combination of vehicles is operating under a special permit issued by the State Highway and Transportation Commission in accordance with SSSS46.1-330 and 46.1-343. 07/09/79 - 1 1 - The State Highway and Transportation Commission may, however, prescribe a speed limit of less than forty-five miles per hour on any permit issued in accordance with SSSS46.1-330 and 46.1-343, Code of Virginia, 1950, as amended. (f) Twenty-five miles per hour between portable signs, tilt-over signs, or fixed blinking signs placed in or along any highway bearing the word .'school" or "school crossing". Such word or words shall indicate that school children are present in the vicinity. Any signs erected under this section shall be placed not more than six hundred feet from the limits of the school property or crossing in the vicinity of the school, which is used by children going to and from the school; provided that "school crossing" signs may be placed in any location where an engineering and traffic investigation establishes a need therefor and the Department of Highways and Transportation or the city council approves the said crossing for such signs. Such portable signs shall be furnished and delivered by the city. It shall be the duty of the principal or chief administrative officer of each school or some responsible person designated by the school board, preferably not a classroom teacher, to place such portable signs at the highway at a point not more than six hundred feet from the limits of the school property and remove such signs when their presence is no longer required by this subsection. Such portable signs, tilt-over signs or fixed blinking signs shall be placed in a position plainly visible to vehicular traffic approaching from either direction but shall not be placed so as to obstruct the roadway. Such portable signs, tilt-over signs, or blinking signals shall be in a position, or be turned on, for thirty minutes preceding regular school hours and for thirty minutes thereafter and during such other times as the presence of children on such school property or going to and from school reasonably requires a special warning to motorists. Provided, however, the city council may increase or decrease the speed limit provided in this sub- section only after justification for such increase or decrease has been shown by an engineering and traffic investigation, and provided further that no such increase or decrease in speed limit shall be effective unless such increased or decreased speed limit is conspicuously posted upon the portable signs, tilt-over signs, or fixed blinking signs required by this subsection. -2- 07/09/79 - 1 2 - (9) Twenty-five miles per hour on highways in a business or residential district, except upon interstate or other limited access highways with divided roadways. (h) Thirty-five miles per hour on highways in the city, except upon interstate or other limited access highways with divided roadways and except in business or residence districts. (i) Notwithstanding the provisions of subdivisions (a), (b) and (c) of this subsection, the speed limits for passenger motor vehicles while towing utility, camping or boat trailers not exceeding an actual gross weight of twenty- five hundred pounds shall be the same as that for passenger motor vehicles. (2) Minimum speed limits. (a) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. (b) Whenever the State Highway and Transportation Commissioner or the city determines on the basis of a traffic engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the Commissioner or the city may determine and declare a minimum speed limit to be set forth on signs posted on such highway below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law. (3) Notwithstanding the foregoing provisions, the State Highway and Transportation Commissioner or the city manager or any other authority having jurisdiction over highways may decrease the speed limits set forth in subsections (1)(a) through (1)(c ) of this section and may increase or decrease speed limits set forth in subsections (1)(f) through (1)(h) of this section on any highway under its jurisdiction; and may establish differentiated speed limits for daytime and nighttime by decreasing for nighttime driving the speed limits set forth in subsections (1)(a) through (1)(c) of this section and by increasing for daytime or decreasing for nighttime the speed limits set forth in subsections (1)(f) through (1)(h) of this section or any highway under its jurisdiction. Such increased or decreased speed limits and such differentiated speed limits for daytime and night- time driving shall be effective only when prescribed after a traffic engineering and traffic investigation and when indicated upon the highway by signs; provided, the -3- 07/09/79 - 1 3 - increased or decreased speed limits over highways under the control of the State Highway and Transportation Commissioner shall be effective only when prescribed in writing by the Highway and Transportation Comnissioner and kept on file in the Central Office of the Department of Highways. Any person violating this section shall be guilty of a traffic infraction and upon conviction shall be guilty of a class IV misdemeanor. This ordinance shall be effective upon the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of July 1979. DSH/ci 6/28/79 NOTE: See SS46.1-193, Code of Virginia, for similar state law. APPROVED AS TO CONTENTS -5 SIGNATUR I APPROVED AS TO FC)PM @@@ATUI, CITY ATLORNEY -4- 07/09/79 1 4- (ITEM II-G.3) ITEM #13943 On motion by Councilman Baum, seconded by Councilman Merrick, City Council voted to APPROVE the following Ordinance to amend and reordain Section 22-91 of the Code of the City of Virginia Beach, Virginia, pertaining to Driving Certain Vehicles in Excess of Eighty Miles Per Hour. Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: F. Reid Ervin 07/9/79 - 1 5 - AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-91 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DRIVING CERTAIN VEHICLES IN EXCESS OF EIGHTY MILES PER HOUR. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 22-91 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 22-91. Driving certain vehicles in excess of eighty miles per hour. A person shall be guilty of reckless driving if he operates a motor vehicle upon the highways of this city at a speed of twenty (20) or more miles per hour in excess of the applicable maximum speed limits prescribed in section 22-98, paragraphs (1)(a), (1)(b), (1)(c) and (1)(e) of this chapter, or in excess of eighty miles per hour regardless of the posted speed limit. The ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of July 1979. DSH/ci 6/28/79 NOTE: See SS46.1-190(i), Code of Virginia, for similar state law. APPROVED AS TO CONTENTS APPRO'JED AS TO F-C'rlM CITY ATTORNEY 07/09/79 1 6 - (ITEM II-G.4) ITEM #13944 On motion by Councilman Baum, seconded by Councilman Merrick, City Council voted to APPROVE the following Tax Refunds in the amount of $259.50: Voting: 10-0 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L, Standing Council Members Voting Nay: None Council Members absent: F. Reid Ervin 07/09/79 1 7 - T- Joines, Susan E. 79 CD 66317 4/16/79 Ann El.izabeth 79 CD 43467 1/24/79 "7.5( T,'nster, JpTnes E. 79 CT) 67('@02 6/12/79 15, n: l@ari,ird, Karer S. 79 CT) 11-59(iO 1/22/79 DivJt')5 A. J. 79 CD 100?136 1/1@2/79 1 1) C, J,)nec,, Mideli*-ne Cox 79 Cl) /@0920 1/22/79 7.'3 Ful,lia-n, Paul 79 CD 84483 1/17/79 7.,,( Elsie M. 79 CD 47926 6/1/79 DonTi, Alvin E., 79 CT) 34400 2/2/79 Ft-,ti-erm,iii, 3.)el 79 CD 48613 3/21-/79 15. o@ FtiLterm,--Iii. T,)el 79 CD @+ r)14 3/21/79 l@ 5. (I W@t-Iliams, Lynn Ilary 79 CD 59295 3/El/i9 q@,,nn, Ronil-d T,. 79 C]", 103363 1/11/79 7. Swan, Diine. D. 79 CD 1. 08 3 @ 4 1/1-1/79 V.,.,Lip,hn, D. 79 Cl) 10,'@700 1/5/79 P),iiier, Terrv B. 79 CL) 5737@', 2/6/-79 7 Karl I,!. 79 CD 1391r,(, 1/30/70 1 l@E,iter, D'iris J. 79 CD F,5519 1- /1,1,/ 7 9 7@S@ D. 79 CD 115933 1/22 /7 9 7. 5! ',,I@irsliiill D. 79 CD 11.59')4 1/22/79 7 . --) ( Ba,'3il,('tt,l, Cl-liSeppe 79 CD 12127 1/3/79 7.5 Cvnthi,-, 79 CD 90761, 1-/2(,/79 79 CD 35533 1./17 /79 7. C,irr, Ci,vic 1,1. 79 CD DOI@114 r)/21@/7(l I . (,; Thomas W. 79 CD 11.2750 l@/Ir)/79 7. 5; ll,.I%. C@@, II.P: 79 CD 1-4331 6/7/79 7.5 Thomns S. 79 CD 140114 ]-/9/79 1,@ T',Lircliettc@, l'iic)x R. 79 CD 15027 1/4/79 7.' T@,irold E. Jr 79 CD 18793 1/8/79 7.1 IT,-.ir, Da@ild '@l. 79 CD 39409 1/22/79 7. '), Brasviill, Julian C. 79 CD 1-411@F@2 4/30/79 1.7 Ttie above abatement(s) totaling C(-'Ktified ris L-qt $259. 50 were approved by L*tic Council of the City of Virginia 9 day of c)n tbe J@ ii T. 07/09/ 79 Approvc!d as to foi-ii,.: l,',Lli 11- cillitfil Ci-ty Clerk - 1 8 - *COUNCILMAN ERVIN ENTERED MEETING AT 2:20 p.m. (ITEM II-G.3) ITEM #13945 Councilwoman Oberndorf made a motion, seconded by Councilman Ferrell, to DENY the Ordinance authorizing certain events conducted on City property to be exempt from the prohibition from working or transacting business on Sunday. Councilman Baum offered a SUBSTITUTE MOTION, seconded by Councilman Riggs, to APPROVE the following Ordinance authorizing certain events conducted on City property to be exempt from the prohibition from working or transacting business on Sunday. THE RECORDED VOTE ON THE SUBSTITUTE MOTION IS AS FOLLOWS: Voting: 7-4 Council Members Voting Aye: (for Substitute Motion) John A. Baum, F. Reid Ervin, Clarence A. Holland, J. ilenry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Na@t: George R. Ferrell, Barbara M. Henley, Donald W. Merrick, and Meyera E. Oberndorf Council Members absent: None CITY COUNCIL VOTED TO APPROVE THE FOLLOWING ORDINANCE AUTHOR17ING CERTAIN EVENTS CONDUCTED ON CITY PROPERTY TO BE EXEMPT FROV, THE PROHIBITION FROM WORKING OR TRANSACTING BUSINESS ON SUNDAY. 07/09/79 -19 - AN ORDINANCE AUTHORIZING CERTAIN EVENTS CONDUCTED ON CITY PROPERTY TO BE EXEMPT FROM THE PROHIBITION FROM WORKING OR TRANSACTING BUSINESS ON SUNDAY WHEREAS, Section 18.3-341, Code of Virginia (1950) as amended, requires the City Council of the City of Virginia Beach to designate on a case-by-case basis, the events which are exempt from working or transacting business on Sunday; and WHEREAS, the following City property has been designated by the Council of the City of Virginia Beach for the following dates, as the site for the following events: Date City Property Event 1/18-20/80 Virginia Beach Civic Surfside Flea Market Center 2/8-10/80 Virginia Beach Civic Surfside Flea Market Center 3/7-9/80 Virginia Beach Civic WQRK Lifestyle Home Show Center 5/2-4/80 Virginia Beach Civic Wornom's Arts and Crafts Center Show 5/23-25/80 Virginia Beach Civic Big Flea Market Center 6/27-29/80 Virginia Beach Civic Surfside Flea Market Center 7/10-13/80 Virginia Beach Civic Beta Sigma Phi Homecrafts Center Show 8/7-10/80 Virginia Beach Civic Tidewater Jewelry-Gem-Mineral Center Show 8/29-31/80 Virginia Beach Civic Big Flea Market Center 10/10-12/80 Virginia Beach Civic Virginia Beach Junior Woman's Center Club Homecrafts Show and Sale 11/7-9/80 Virginia Beach Civic Surfside Flea Market Center 12/12-14/80 Virginia Beach Civic Surfside Flea Market Center 07/09/79 - 2 0 - BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above-mentioned events are exempt from the prohibition of working or transacting business on Sunday as provided by general law. ADOPTED by the Council of the City of Virginia Beach, Virginia, on the 9th day of JulY 1979. DMG:kdf 7/3/79 To Co ;OV@ 07/09/79 2 1 - NATURALIZATION CEREMONY ITEM #13946 RESOLUTION On motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to APPROVE the following Resolution acknowledging the Naturalization Ceremony to be held in Virginia Beach, Virginia, on Wednesday July 11, 1979, at 2:00 p.m.: Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 07/09/79 - 2 2 - RESOLUTION ACKNO@4LEDGING THE NATURALIZATION CEREMONY TO BE HELD IN VIRGINIA BEACH WHEREAS, on Wednesday, July 11, 1979, at 2:00 p.m., the tlnited States Department of Justice, Immigration and Naturalization Service, under the sponsorship of the Cape Henry Woman's Club and the National Society of the Daughters of the American Revolution, will hold a naturalization ceremony in Virginia Beach Circuit Court Room Number 1, and WHER"AS, the lionorable Richard B. Kellam, United States District Court, Eastern District of Virginia, will be presiding, and 14liEREAS, this is the first naturalization ceremony to be held in Virginia Beach, and WHEREAS, the majority of those being naturalized reside in Virginia Beach, NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City Council acknowledges this important event and extends greetings and best wishes to all "new" United States citizens. Mayor Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th - da,/ of July 1979 07/09/79 2 3 - (ITEM II-H.1) ITEM #13946(a) PLANNING ITEMS Mr. Allen Perrell appeared in favor of the application On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following Ordinance upon application of Shore Drive Associates for a Change of Zoning District Classification from 3-2 Community-Business District to A-3 Apartment District, with the following change in Stipulation Number One (1): Standard improvements as required by the Site Plan Ordinance, INCLUDING RIGHT-OF-14AY IMPROVETIENTS ALONG SHORE DRIVE TO INCLUDE PAVEMENT WIDENING, CURB AND GUTTER, AND DRAINAGE FACILITIES. WAIVED THE STIPULATION ON SIDEWALKS. ORDINANCE UPON APPLICATION OF SHORE DRIVE Z0779437 ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 Community-Business District TO A-3 Apartment District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Shore Drive Associates for a e of Classification from B-2 Community-Business District to A-3 Apartment District on certain property located on the South side of Shore Drive beginning at a point 770 feet more or less East of Diamond Springs Road, running a distance of 764.13 feet along the South side of Shore Drive, running a distance of 460 feet more or less along the 1,7astern property line (Western boundary of Lake Smith), running a dis- tance of 399.39 feet along the Southern property line and running a distance of 287.85 feet along the Western property line. Said parcel contains 3.68 acres more or less. Bayside Borough. Approval subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance along Shore Drive; including pavement widening, curb and gutter, and drainage facilities. WAIVED sidewalk improvements 2. City water and sewer. 3. No dredging, filling, bulkheading or other waterfront related activities will be allowed without the proper permits. 4. Permission to drain into Lake Smith must be obtained from the City of Norfolk. 5. A 25-foot buffer strip shall be designated around the property owned by the City of Norfolk adjacent to Lake Smith. Vegetation within this strip shall not be disturbed. This Ordinance shall be effect upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of I 1979. 07/09/79 2 4- Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. lienry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Mernbers Voting Nay: None Council Meinbers absent: None 07/09/79 2 5 - (ITEM II-H.2) ITEM #13947 Mr. H. Calvin Spain, Attorney, represented the applicant Mrs. Reba McClanan appeared in opposition On motion by Councilman Payne, seconded by Councilman Merrick, City Council voted to DENY the following Ordinance upon application of L. D. Associates for a @n e of Zoning District Classification from 0-1 Office District to B-2 Community-Business District; and directed the Planning Commission and Planning Department to review the zoning: An Ordinance upon application of L. D. Associates for a Change of Classification from 0-1 Office District to B-2 Communit -@Business District on cer- tain property located on the East side of Holland Road beginning at a point 360 feet Soijth of Stoneshore Road, running a distance of 363.96 feet along the East side of Holland Road, running a distance of 696.38 feet along the Southern property line, running a distance of 343 feet along the Eastern property line and running a distance of 549.83 feet along the Northern property line. Said parcel contains 4.746 acres. Princess Anne Borough. This application was denied as it was felt that approval of the proposed zoning would further promote a strip commercial development pattern along Holland Road. Voting: 8-3 Council Members Voting Aye: (for denial) John A. Brum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf Council Members absent: None 07/9/79 2 6- (ITEM II-I.I.a) ITEM #13948 ORDINANCES-PLANNING Mr. Bartow H. Bridges, President, Virginia Beach Beautification Commission, appeared in favor of the following Ordinance. Mr. Leo Marshall, Tidewater Builders Association, appeared in opposition THIS ITEM AND ITEMS 13949, 13950, 13951, 13952 ',4ERE VOTED ON AS ONE ITEM. On motion by Councilwoman Oberndorf, seconded by Councilrqan Payne, City Council voted to APPROVE the following Ordinance to amend and reordain Article 15, Section 1504 of the Comprehensive Zoning Ordinance pertaining to Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 07/09/79 - 2 7 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 15, SECTION 1504 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That Article 15, Section 1504, Sign Regulations, of the C.Z.O. is amended and reordained as follows: Within a C-1 Arts and Conference District the following regulations shall apply: (a) For each forty (40) feet of principal frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage not more than one (1) sign and not more than thirty-two (32) square feet of surface area provided however, that no establishment may have more than four (4) signs. A minimum frontage of fifty (50) feet is required for a free-standing sign and in the case of a hotel-motel the minimum frontage requirement for a free-standing sign shall be seventy-five (75) feet. ;m be-ereeted-eH-the-seeandary-street-ffemtage. No sign shall exceed two (2) faces neither of which shall exceed seventy- five (75) square feet of surface area. Any establishment or property having less than forty (40) feet of frontage or lot line adjoining a street may have one (1) sign not exceed- ing thirty-two (32) square feet. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of July 1979. APPROVgD AS TO CONTENT To i" i C! Y AT i 0,@,NEY 07/09/79 - 28- (ITEM II-I.I.b) ITEM #13949 THIS ITEM AND ITEMS 13948, 13950, 13951, 13952 WERE VOTED ON AS ONE ITEM. Mr. Bartow H. Bridges, President, Virginia Beach Beautification Commission, appeared in favor of the following Ordinance. Mr. Leo Marshall, Tidewater Builders Association, appeared in opposition. On motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to APPROVE the following Ordinance to amend and reordain Article 10, Section 1004 of the Comprehensive Zoning Ordinance pertaining to Sign Regulations: Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 07/09/79 - 29 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 10, SECTION 1004 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That Article 10, Section 1004, Sign Regulations, of the C.Z.O. is amended and reordained as follows: (a) For each forty (40) feet of principal frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage not more than two (2) such signs and not more than eighty (80) square feet of sign surface area provided, however, that no establishment may have more than six (6) signs of which one (1) may be a free-standing sign. In ereeted-eH-the-see@Hdary-street-fr@Rtage. No sign shall exceed two (2) faces neither of which shall exceed 200 square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding sixty (60) square feet. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of July 1979. APPRO@D AS TO CONTENT D T @S TO FaRtA CITY AT i ORNEY 07/09/79 3 0 - (ITEM II-I.l.c) ITEM #13950 THIS ITEM AND ITEMS, 13948, 13949, 13951, and 13952 WERE VOTED ON AS ONE ITEM. Mr. Bartow H. Bridges, President, Virginia Beach Beautification Commission, appeared in favor of the following Ordinance. Mr. Leo Marshall, Tidewater Builders Association, appeared in opposition On motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to APPROVE the following Ordinance to amend and reordain Article 7, Section 705 of the Comprehensive Zoning Ordinance pertaining to Sign Regulations: Voting: 11-0 Council Vembers Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 07/09/79 - 3 1 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 7, SECTION 705 OF THE COTIPREHENSIVE ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That Article 7, Section 705, Sign Regulations, of the C.Z.O. is amended and reordained as follows: (a) Within the H-1 Hotel District the same regulations as per- mitted in R-1 Residential District and A-1 Apartment District shall apply and in addition: (1) For each twenty (20) feet of principal frontage adjacent to a street and for each forty (40) feet of lot line adjoining a street but not constituting frontage not more than one (1) sign and not more than forty (40) square feet of surface area provided, however, that no establishment may have more than four (4) signs of which one (1) may be a free-standing sign. ;m-the-ease-ef-a-eerner-4ot-er-a threugh-let-with-a-ffl4m4FAuffi-seeendary-ffentage-ef-f4fty-4504 feet3-a-seeemd-free-stand@ng-s4gm-FRay-be-efeeted-on-the seeendary-street-frentage. No sign shall exceed two (2) faces neither of which shall exceed 125 square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding thirty (30) square feet of surface area. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of July 1979. APPROVED AS TO CONMT SIGN,eURE C-/./- I lp T AS TO FORM SiGNATURE (-!Ty ATTORNEY 07/9/79 3 2 - (ITEM II-I.l.d) ITEM #13951 THIS ITEM AND ITEMS 13948, 13949, 13950, and 13952 WERE VOTED ON AS ONE ITEM Mr. Bartow H. Bridges, President, of Virginia Beach Beautification Commission, appeared in favor. Mr. Leo Marshall, Tidewater Builders Association, appeared in opposition On motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to APPROVE the following Ordinance to amend and reordain Article 8, Section 804 of the Comprehensive Zoning Ordinance pertaining to Sign Regulations: Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 07/09/79 - 3 3 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 8, SECTION 804 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That Article 8, Section 804, Sign Regulations, of the C.Z.O. is amended and reordained as follows: Within the 0-1 Office District the following sign regulations shall apply: (a) For each forty (40) feet of principal frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage not more than one (1) sign and not more than thirty-two (32) square feet of surface area, provided, however, that no establishment may have more than two (2) signs of which one (1) may be a free-standing sign. m4m @RiwFn-seeeRdary-f remtage- of - f 4 f ty- k694 -f eet7-a-seeend free-stand4mg-s4gm-FAay-be-ereeted-an-the-seeandary-5treet froRtage. No sign shall exceed two (2) faces neither of which shall exceed seventy-five (75) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding thirty-two (32) square feet. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of July 1979. APPROVED AS TO CONTENT t@ TO FOQW@ T-!RL CITY ATIORNry 07/09/79 3 4 - (ITEM II-I.I.e) ITEM #13952 THIS ITEM AND ITEMS 13948, 13949, 13950, and 13951 WERE VOTED 0,N AS ONE ITEM Mr. Bartow H. Bridges, President, Virginia Beach Beautification Commission, appeared in favor Mr. Leo Marshall, Tidewater Builders Association, appeared in opposition On motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to APPROVE the following Ordinance to amend and reordain Article 9,of the Comprehensive Zoning Ordinance pertaining to Sign Regulations: Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: .'lone 07/09/79 - 3 5 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 9 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That Article 9, Section 904, Sign Regulations, of the C.Z.O. is amended and reordained as follows: (a) For each forty (40) feet of principal frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage not more than one (1) sign and not more than thirty-two (32) square feet of surface area provided however, that no establish- ment may have more than four (4) signs of which one (1) may be a free-standing siqn. ;R-the-Ease-of-a-eerner-er-a through-4ot-w4tk-a-Fn4H4muRi-seeeRdary-f vantage -of-f 4 f ty-@694 feet;-a-gecond-free-stamd4ng-sign-FAay-be-ereeted-eH-the seeendary-street-fromtage. No sign shall exceed two (2) faces neither of which shall exceed seventy-five (75) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding thirty- two (32) square feet. That Article 9, Section 914, Sign Regulations, of the C.Z.O. is amended and reordained as follows: (a) For each forty (40) feet of principal frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage not more than one (1) sign and not more than sixty (60) square feet of surface area provided, however, that no establishment may have more than five (5) signs of which one (1) may be a free- standing sign. street-froRtage. No sign shall exceed two (2) faces neither of which shall exceed 125 square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding forty (40) square feet. That Article 9, Section 924, Sign Regulations, of the C.Z.O. is amended and reordained as follows: 07/09/79 - 3 6 - (a) For each forty (40) feet of frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage, not more than one (1) sign and not more than sixty (60) square feet of surface area provided however, that no establishment may have more than five (5) signs of which one (1) may be a free-standing sign. rentage- of-f 4f ty @694-feet7-a-seeend-free-s#aHd4pg-s4gn-iflay-be-efeeted-OR the-seeoRdary-street-frentage. No sign shall exceed two (2) faces neither of which shall exceed 125 square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding forty (40) square feet. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9_ day of July 1979. APPROVED AS TO CONTENT Sklf CITY NTT--Ri,4EY 07/09/79 3 7 - (ITEM II-I.2.a) ITEM #13953 ORDINANCES-GENERAL FIRST READING On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to APPROVE on FIRST READING the following Ordinance ratifying assessments against abutting landowners for the improvement and paving of Spot Lane, Princess Anne Borough, City of Virginia Beach, Virginia: Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. llolland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 07/09/79 - 3 8 - AN ORDINANCE RATIFYING ASSESSMENTS AGAINST ABUTTING LANDOWNERS FOR THE IMPROVEMENT AND PAVING OF SPOT LANE, PRINCESS ANNE BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, by ordinance adopted on the 16th dayofjanuary, 1978, the improvement and paving of Spot Lane, Princess Anne Borough, City of Virginia Beach, Virginia, was ordered and the City Manager was authorized to apportion the costs thereof between the City of Virginia Beach and the abutting landowners, as provided by law; and WHEREAS, there has been recorded an abstract of the aforesaid ordinance showing the estimated amount that would be assessed against each landowner; and WHEREAS, the City Manager has reported to the Council that said improve- ments have been completed and that he has made assessments apportioning the cost thereof, as set forth in the statement thereof attached hereto, which appear to be fair and just and not in excess of the peculiar benefits resulting therefrom to the abutting landowners; and WHEREAS, he has further advised that a public hearing was had pursuant to notice on the 25th day of May, 1979, of which hearing all abutting landowners were duly notified; and WHEREAS, it is necessary for the usual daily operation of the Department of Public Works that said assessments be immediately approved, an emergency is set forth and declared to exist. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1, That the apportionment and assessment by the City Manager against the abutting landowners as set forth in the statement thereof attached hereto and made a part hereof, for the improvement and paving of Spot Lane, Princess Anne Borough, City of Virginia Beach, Virginia, be, and the same are, hereby approved, ratified, and confirmed, the same not being in excess of the peculiar benefits resulting therefrom to the abutting landowners. Section 2. That the said amounts assessed against the abutting landowners shall be payable in four equal semi-annual installments at the time 07/09/79 - 39 - real estate taxes become due and payable with interest on the unpaid balance at six per centum (6%) per annum. Section 3. That the respective estimated amounts assessed against each abutting landowner, as heretofore recorded, are hereby ratified as the final amounts assessed against such abutting landowner, as set forth in the aforesaid statements. FIRST READING: July 9, 1979 SECOND READING: This ordinance shall be effective on August 1, 1979, Adopted by the Council of the City of Virginia Beach on the day of 1979. AB:cj 8-3-78 JDB:er 7-3-79 07/09/79 - 40 - (ITEM II-1.3.a) ITEM #13954 SECOND READINGS AN ORDINANCE TO ACCEPT A GRANT TOTALING $816,906 FROM TliE COM.MISSION OF OUTDOOR RECREATION, AND TO APPROPRIATE THESE FUNDS WHEREAS, the City wishes to provide additional park facilities for its citizens; and WHEREAS, the Virginia Commission of Outdoor Recreation (COR) has approved partial funding to accomplish the objective stated above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is authorized to accept the Grant for the City, and funds are hereby appropriated for the following purpose: Estimated Revenue Local Total From Other gencies Match Great Neck Park $408,453 $408,453 $816,906 That the appropriations will be financed by $408,453 estimated revenue from the COR, and a local cash match of $408,453 from General Obligation Bonds, to be sold December, 1980. FIRST READING: July 2, 1979 SECOND READING: July 9, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of _, 1979 On motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted to APPROVE on SECOND READING the above Ordinance to accept a Grant totaling $816,906 from the Commission of Outdoor Recreation, and appropriate these funds for the Great Neck Park. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara 11. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None 07/09/79 - 41 - Council Members absent: None (ITEM II-I.3.b) ITEM #13955 Requested by: The City Manager AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR THE CHESAPEAKE BEACH PROTECTION PROJECT, EITHER BY AGREEMENT OR BY CONDEMNATION: AND TO APPROPRIATE THE NECESSARY FUNDS FOR SAID ACQUISITION OF LAND OR INTEREST IN SAID LAND FOR THE CHESAPEAKE BEACH PROTECTION PROJECT WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the acquisition of property for the Chesapeake Beach Protection Project to provide for the preservation of the safety, health, peace, good order, comfort, convenience, morale and for the welfare of the people of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF T[iE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to Section 15.1-898, et seq, Code of Virginia, 1950, as amended, all that certain real property in fee simple including any interest therein shown on that certain plat entitled "Chesapeake Park", said plat being on file in the Office of Real Estate, Departrnent of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach a reasonable offer to the owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. There is hereby appropriated sufficient funds to cover the City's cost of acquisition expense, estimated to be $400,000. Section 4. That an emergency is hereby declared to exist and this Ordinance shall be in force and effect from the date of its adoption. FIRST READING: July 2, 1979 SECOND READING: DENIED, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1979. DENIED BY CITY COUNCIL ON July 9, 1979 07/09/79 - 42 - On motion by Vice Mayor McCoy, seconded by Councilman Merrick, City Council voted to DENY on SECOND READI@IG the above Ordinance to authorize the acquisition of pro- perty in fee simple for the Chesapeake Beach Protection Project, either by agree- ment or by condemnation; and to appropriate the necessary funds for said acquisition of land or interest in said land for the Chesapeake Beach Protection Project. Voting: 7-4 Council Members Voting Aye: (for denial) George R. Ferrell, Barbara M. Henley, J. Henry McCoy, Jr., Donald L4. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Council Members Voting Nay: John A. Baum, F. Reid Ervin, Clarence A. Holland, and Patrick L. Standing Council Members absent: None 07/09/79 4 3 - (ITEM II-I.3.c) ITEM #13956 AN ORDINANCE TO APPROPRIATE $7,070 IN THE LYNNHAVEN SANITARY DEBT FUND FOR TRANSFER TO THE GENERAL FUND WHEREAS, $7,070 has been collected from property owners at the North End of the Beach to serve debt for previous improvements at the North End; and WHEREAS, all debt for these North End improvements has been retired; and WHEREAS, certain improvements and maintenance work has been performed by the Highway Division in sections of the North End during fiscal 1979; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That $7,070 be appropriated in the Lynnhaven Sanitary Debt Fund for transfer to the General Fund as reimbursement for Highway work performed in the North End. BE IT FURTHER ORDAINED THAT $7,070 be appropriated as of June 30, 1979, in the Highways Street Construction Bureau for work on 49th and 58th Streets in the North End. FIRST READING:- July 2, 1979 SECOND READING: July 9, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of , 1979 On motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to APPROVE on SECOND READING the above Ordinance to appropriate $7,070 in the Lynnhaven Sanitary Debt Fund for Transfer to the General Fund. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 07/09/79 4 4- (ITEM II-I.4.a) ITEM #13957 FIRST READING AN ORDINANCE TO ACCEPT $2,560,000 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO APPROPRIATE THESE FUNDS. WHEREAS, the Department of Housing and Urban Development (HUD) has approved fifth year funding for the City's Community Development Block Grant (CDBG) Program; and WHEREAS, the City wishes to accept this funding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the City @lanager is hereby authorized to accept the Grant for the City, and funds are hereby appropriated for the following purpose: Total Atlantic Park Water $ 500,000 Atlantic Park Sewer 50,000 George Washington Park Drainage 275,000 Gracetown/Beachwood Sewer 670,000 Gracetown/Beachwood Water 153,000 Newsome Farm Water 100,000 Queen City Sewer 170,000 Relocation Assistance 59,000 Contingencies 41,183 Real Property Acquisition 90,000 Rehabilitation Loans and Grants 250,000 Administration 201,817 Total $2,5-60,bO-O That the appropriations be financed 100% by federal funds from IIUD, with no local match required; That the eleven current personnel positions, and three additional 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. FIRST READING: Jul,y 9, 1979 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979 07/09/79 - 45 - On motion by Councilman Holland, seconded by Vice M@ayor McCoy, City Council voted to APPROVE on FIRST READING the above Ordinance to accept $2,560,000 from the Department of Housing and Urban Development and to appropriate these funds. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None (ITEM II-J.1) ITEM #13958 BOARDS AND COMMISSIONS On motion by Councilman Holland, seconded by Councilman Ferrell, City Council voted to APPOINT Mr. LeRoy Dixon, Sr., to the SOCIAL SERVICES ADVISORY BOARD, beginning July 1, 1979 and terminating June 30, 1983. This is a FOUR YEAR TERM. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 07/09/79 - 46- (ITEM II-K) ITEM #13959 Mayor Standing announced that in 1979 a Committee, consisting of Councilmen Payne and Ervin with the Mayor, were appointed to select candidates for the position of 1978, with an annual salary of $17,520 and a six-month probation period. That probation being completed, the Co,,,lnittee reviewed the performance of the City Clerk. The evaluation being that Mrs. Smith performed her duties in an exceptional manner, the Committee recommended, and Council concurred, a recommendation for an administrative salary increase effective 16 July 1979. This recommendation being UNANIMOUS, no vote was recorded. (ITEM II-K.1) ITEM #13960 i'@E@i BUSINESS John Mansfield, Campus Crusade for Christ, appeared before Council to discuss with Council the projects and duties of the Campus Crusade for Christ around the Tidewater area. (ITEM II-K.2) ITEM #13961 Mr. Bill Anderson, President of the Tidewater Chapter of the Virginia Gasoline Retailers Association, indicated that in 1974 in this City the average retail price for gasoline was 38.9cts a gallon. The price for premium gasoline was 42.9cts a gallon. Prices have already risen to 99cts a gallon in some parts of the City, and are expected to go even higher. This drastic increase in the retail price for gasoline has caused a tremendous burden on the retail outlets in the City. As Council is aware, the business licenses for retail operations in the City is based on total gross sales. Unfortunately, the increase in gasoline prices has caused an increase in business license fees of as much as 300 percent. Mr. Anderson asked the City Council to correct the inequities in the system to assure the dealers they are only paying their fair share. The Association also requested the Council to have a moratorium on any new retail locations opening in the City as long as an allocation program is in effect. Council asked the City Manager and City Attorney to check into these matters and report back to Council. Mrs. Sherman, City Hall Texaco, also appeared regarding this matter. ITEM #13962 MATTERS BY CITY COUNCIL Councilman Riggs indicated that the General Assembly gave Council the option of either permitting or not perinitting "Instant Bingo" and requested the City Manager to check into this matter and report back to Council with recommendations as to whether the City should permit "Instant Bingo". Councilman Riggs further indicated he has been informed that many welfare recipients are pla@ting bingo, and if this is true he is very concerned about it. Councilman Riggs requested the Commonwealth's Attorney to check into this matter and report back to Council. 07/09/79 - 47 - ITEM #13963 Requested by: Councilwoman Henley RESOLUTION SUPPORTIING THE APPLICATION OF LEWIS LOVE TO SECURE AN EXPERIMENTAL PLANT PERMIT FOR THE PRODUCTION OF INDUSTRIAL ALCOHOL WHEREAS, all Virginia Beach residents are concerned with the current energy situation; and WHEREAS, the Commonwealth of Virginia is encouraging experimentation with production of alternative fuels; and WHEREAS, Lewis Love of 1825 Pleasant Ridge Road wishes to secure an experimental plant permit that would allow him to produce up to a maximum of 120 gallons per month of industrial alcohol; and WHER"AS, Mr. Love plans to use this alcohol to fuel his tractor and his home's oil burner; and WHEREAS, he has secured his federal permit to produce this industrial alcohol; and WHEREAS, pursuant to Section 4-119 of the Code of Virginia, he needs the support of the Virginia Beach City Council in order to secure his State permit. NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City Council encourages the approval of an experimental plant permit for the production of alcohol for industrial and non-beverage purposes by Lewis Love, and that he be in compliance with all federal and State permits; and BE IT FURTHER RESOLVED that this resolution be forwarded to the State Attorney General whose office issues such permits. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of Jul 1979 07/09/79 - 48 - Mr. Lewis Love appeared in favor of the above Resolution. On motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to ADOPT the above Resolution supporting the application of Lewis Love to secure an experimental plant permit for the production of industrial alcohol. (It is understood that this production is for personal use ON[-Y) Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None ITEM #13964 Mayor Standing informed Council of the meeting with the Currituck Board of Supervisors, at the Mariner Motel at 6:00 p.m., on Wednesday, July 11, 1979. ITEM #13965 Mayor Standing indicated that several months ago he appointed a Committee of three Council Members, Councilmen Ervin, Holland and Merrick, to report on the allegations made by Mr. William Reil regarding the Utilities Department. The report has been forwarded to Council, and Mayor Standing called upon Councilman Ervin to give the Committee's report. Councilman Ervin indicated the report has been distributed to the press and news media, and if any one wishes to review the report a copy is in the Office of the City Clerk. The Committee has worked over three (3) months investigating the charges made by Mr. Reil. There is one item under recommendations that the Committee, by majority vote, asked to have added. Item number eight (8) "The matters in the investigation and any further discussion of this matter be denied to Mr. Reil or anyone else." The feeling of the Committee was that this matter was not one that could be treated properly in an open forum discussion of this type. Councilman Ervin indicated the Committee was submitting the report for acceptance and review by Council, and further indicated that he, Councilman Holland and Councilman Merrick will be in the Council Board Room after the Council meeting if the press would like to go into a detailed discussion of the recommendations. 07/09/79 - 49 - On motion by Councilman Baum, seconded by Councilman Payne, City Council voted to ACCEPT the report of the Committee to Investigate Allegations made by Mr. Reil. Voting: 11-0 Council Mernbers Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None ITEM #13966 On motion by Councilman Baum, seconded by Councilman Payne, and by tiNANIMOUS vote, Council adjourned at 4:00 p.m. @H.dg@s S th, ty Clerk City of Virginia Beach, Vi rgi nia July 9, 1979 h