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HomeMy WebLinkAboutJUNE 18, 1979 CITY OF VIRGINII BEICI MUNICIPAL CENTER I City" VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK 1. STANDING, A, L.,g, CLARENCE A. HOLLAND, M.D., B.y,id, B.,..gb VICE MAYOR J. HENRY M,COY JR., D.D.S., K,@p,,ill, B@,..gh DONALD W. MERRICK, Ly-b.,,@ B ... @gh JOHN A. BAUM, B.,..gh @klEYERA E. OBERNDORF, A, L.,g@ F. REID ERVIN, A, L.,g@ J. CURTIS PAYNE, A@@@ B.,o.gh GEORGE R. FERRELL, A, L.,g, ROGER L. RIGGS, Vigi@i. B ... b B.,..gh BARBARA M. flENLEY, P.@g. B.@.gb RUTfl HODGES SMITH, Cily Cl@,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION; Monday, 18 June 1979 - 1;00 p.m. A. CALL TO ORDER - MAYOR PATRICK L. 8TANDTNG B. ROLL CALL OF COUNCIL C. MOTION TO RECESS TNTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Surfing Area n es: Discussion of item which appears on the formal agenda regarding changing the surfing area in front of the Dolphin Run Condominium. 2. Status of Energy Conservation Measures; Disc s@s on of ste7ps the City is taking to conserve energy. 3. Preliminary Subdivision Review Response Time: Discussion of recent measurers to improve the response time for preliminary subdivision review. ITEM II FORMAL SESSTON: Monday, 18 June 1979 - 2:00 p.m. A. INVOCATION - Reverend Kenneth R. Carbaugh Our Saviour Lutheran Church B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 11 June 1979. E. RESOLUTIONS/PROCLAMATTONS 1. Resolution of Appreciation to Robert Hodges and Leo Olivarez for their Life-Saving Efforts. F. PUBLIC HEARINGS - None G. CONSENT AGENDA All matters listed under Consent Agenda are considered to lae routine by the City Co.ncil 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. ITEM II G. CONSENT AGENDA - None 1. Letter from the City Manager recommending that City Council approve the ordinance to amend and reordain Section 6-9.1 of the Code of the City of Virginia Beach pertain- ing to taking food and drink on beaches. 2. Approve the ordinan(,e co amend and reordain Section 23-12 of the Code of the City of Virginia Beach pertaining to begging. 3. l,etter from the City Manager recommending that City Council approve the ordinance to amend Section 37-11 of the Code of the City of Virginia Beach to bring the City into compliance with the enabling state statule adopted by the General Assembly by sub- stituting "City Council" for the "Govenor" giving the local governing body decision- making capability. H. PLANNING TTEMS 1. Resolutioiis a. Letter from the City Manager recotnmending that City Council approve the Resolution regarding tiie proposed improvements to Virginia Beach Boulevard. b. Letter from the City Manager recotnmending that City Council approve the Resolution reinvesting the right-of-way dedicated by Mrs. Anne Blair bac,k to her which was con- tingent upon construction of Old Donatioia Parkway whicb lias now been removed from the Mastor Street and Highway Plan. 2. Letter from ttie City Manager transmittiiig tlie recommc@ndation of the Pl.anning Commission for approval of the application of John B. Gravatt for variances for Sections 4.1, (m) and 5.5 of the Subdivision Ordinance which requires min- imum street pavement widths and curb and gutter. Mr. Gravatt wishes to resubdivide a 3.942 ac7re site, presently consisting of two lots, into three lots. This propc@rty is located on the south side of Shorehaven Drive, west of Back Cove Road. 3. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Sallie S. Pye for a change of zoning from R-8 Residential District to B-2 Community Business District on a one-acre parcel located on the west side of Whitehurst l,anding Road, north of the inter- section of Whitehurst Landing and Kempsville Roads (Kempsville BorOLtgh). 4 . Letter from -the City Managc-r transmitting the recommendation of the Planning Commission for approval of the application of John N. Parker for a change of zoning from R-8 Residential District to B-2 Commtlnity-Business District on two parcels containiiig .637 acres located on ttie north side of Holland Road, west of Independence Botilevard (Kempsville Borough). ITEM II H. PLANNING ITEMS 5. Letter from the City Manager transmitting the recommendation of the Planning Coimnission for denial of the application of Rubin I. Hedspeth and Arthur C. Bunton III for a change of zoning from I-I Light Industrial District to 1-2 Heavy Industrial District on a 26 acre parcel located on the west side of South Birdneck Road between Miller Lane and the Norfolk and Southern Railroad tracks (Lynnhaven Borough); AND, deny their request for a conditional use permit for storage or processing of salvage, scrap, or Junk on this site. 6. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Gulf Oil Corp- oration for a conditional use permit for a full-service automobile ser-vice station and car wash on a .431 acre parcel located at the southwest intersection of Princess Anne Road and Kempsville Road (Kempsville Borough). 7. Letter from the City @nager transmitting the recommendation of the Planning Commission for approval of the application of Expressway Corporation for a change of zoning from P-1 Preservation District to 0-1 Office District on a .461 acre parcel located on the west side of Edwin Drive, north of Holland Road (Kempsville Borough). I. ORDINANCES 1. Planning a. Letter from the City Manager reconmending that City Council approve the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 25th Street to the Princess Anne Inn Corporation 2. Ordinances in General - None 3. Second Readings - None 4. Appropriations a. First Readings - None b. Bids 1. Letter from the City Manager recommending that City Council approve the low bid of J. B. Denny & Company, in the amount of $888,880, for Division I; AND, the low bid of Chicago Bridge & Iron Company, in the amount of $637,435, for Division II for the 29th Street 4.0 MG Standpipe and Foundation Project (Virginia Beach Borough); AND, authorize the City Manager to enter ITEM 11 I. ORDINANCES 4. Appropriations C. Grants 1. Letter from the City Manager recommending that City Council approve the Ordinance to accept a grant totalling $6,328 from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds. (FIRST READING) 5. Code Amendments a. Letter from the City Manager recommending that City Council approve the ordinance to amend and reordain Section 6-33 (d) of the Code of tbe City of Virginia Beach, relating to the areas where surfing is permitted. J. UNFINISHED BUSINESS 1. Appointments - Boards and Commissions K. OLD BUSINESS 1. Letter from the City Manager recommending that City Council approve the Ordinance to authorize the Kempsville Presbyterian Church to hold seven acres of land in the City of Virginia Beach. 2. Ballylinn Drive sewer fees L. NEW BUSINESS 1. Mr. Allison J. Stafford, President, Gator Volksmarch Club wishes authorization of City Council to use the City Seal in preparation of Co=nemorative Medal for Walk Fest October 13-14, 1979. M. ADJOURNMENT 1. Motl@on to adjourn. @linutes of the Honorable City Council OF TIIE CITY OF VIRGINIA BEACH, VIRRI@IIA June 18, 1979 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, June 18, 1979, at 1:00 p.ri. Council Members Present: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland,,J. Henry McCoy, Jr., Donald @l. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patric@, L. Standing Council Members Absent: John A. Baum ITEM #13832 flayor Standing entertained a motion to permit Council to conduct an INFORPIAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees, or employees of any public body. (Personnel Matters) 2. Consultation with legal counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters) On motion by Councilman Holland, seconded by Councilman Ervin, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara @l. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald 'cJ. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Plembers Voting Nay: None Council Members absent: John A. Baum -2- SURFING AREA CHANGES ITEM #13833 The City Manager indicated that on the FORMAL AGENDA is an ordinance regarding surfing areas. This ordinance would shift the surfing area approximately 200 feet to the North. The City has had a tremendous amount of objection in the past from the residents of Dolphin Run about the surfing in front of their residences, and with the proposed ordinance the City has received a tremendous amount of objection from the residents that would be affected by the proposed shift. At the present time, the City has 800 feet South of Rudee Inlet for surfing only. Because of the hazardous conditions of the pier, 500 feet of surfing area has been closed. Council passed an ordinance to eliminate 200 feet of surfing area in front of Dolphin Run, and the proposed ordinance would shift the 200 feet in front of Dolphin Run to a vacant area which is being used for parking. The City Manager further indicated the objections are not only from the owner of the parking lot, but also hotels and residents on the West side of Atlantic Avenue. If Council agrees with the City's approach, it would satisfy the residents in Dolphin Run and also the surfers would have their surfing area. ENERGY CONSERVATION MEASIJRES ITEM #13834 The City Manager indicated that Council is aware of some of the energy conservation measures the City has used on gasoline for all City vehicles. The City Manager feels the City could go further in conservation measures, and he proposed the City begin immediately, on field crews only, four-day work weeks. This would be ten hours a day, four days a week. All offices would be open, all requests and services to the citizens would be handled five days a week. Landscape Services has been on four@ay work weeks for six months, and a tremendous amount of gasoline has been saved. SUBDIVISION REVIEW RESPONSE TIME ITEM #13835 The City Manager indicated that C. Oral Lambert, Director of Public Works, has done a fine job in trying to establish some type of file whereby the City Engineer would notify Mr. Lambert of the status of all subdivision plats, how they are being processed. The goal in the Engineering Division is to process all subdivisions @qithin three weeks; small two-lot subdivisions within two weeks. If the property owner is knowna copy of the notice to the Engineer will be sent to the property owner. ITEM #13836 Mayor Standing indicated he had received a number of complaints from citizens regarding towing vehicles in the City of Virginia Beach. The Mayor asked the City Attorney to check to see if there can be a maximum fee charged for towed vehicles; and, also, other means of payment besides cash. COUNCILMAN BAUM ENTERED MEETING AT 1:50 p.m. 06/18/79 ITEM #13837 Vice Mayor McCoy indicated citizens could ride the bus to the Council meetings, and presented each member of Council with a bus schedule. ITEM #13838 Councilman Ervin requested the City Manager to bring him up-to-date on the water and sewer contracts for the North end of Virginia Beach, and asked if the City was stopping all water and sewer contracts for the summer? The City Manager indicated all water and sewer contracts were stopped for the summer, and the contractor would begin again in the Fall. This was to allow traffic to proceed normally on Atlantic Avenue. The City Manager indicated he met with the civic league to explain the matter and met with no opposition. Councilman Ervin indicated he would rather put up with the inconvenience then the amount it would cost to resume the work, and requested the City could consider putting another item in the bid for cornpleting the work in successive months without stopping, with an alternate price. 06/18/79 4- FORMAL SESSION ITEM #13839 Monday, June 18 2:05 o.m. Council Members Present: 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 absent: None INVOCATION was given by the Reverend Kenneth R. Carbaugh, Our Savior Lutheran Church. PLEDGE OF ALLEGIANCE (ITEM II-D.1) ITEM, #13840 MINUTES On motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to APPROVFI the Minutes of the regular meeting of June 11, 1979, as the minutes had previously been distributed to Council for their consideration. Voting: Council tlembers 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 06/18/79 -5- (ITEM II-G.1) ITEM #13841 CONSENT AGENDA ALL MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION I,'l THE FORM LISTED. AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-9.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO TAKING FOOD AND DRINK ON BEACHES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-9.1 of the Code of the City of Virginia Beach is amended and reordained as follows: Section 6-9.1 It shall be unlawful for any person to take or carry upon the sand beaches or upon any public street or right of way adjacent to any of the sand beaches within the Borough of Virginia Beach, any glass, bottle, tin can, paper bag, wooden box, basket or container of any kind, containing alcohol, beverages, soft drinks, food, nourishment or refreshments of any kind. Any person who violates the provisions of this section shall ilt qf -a Class IV Misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of June 1 1979. On motion by Councilman Baum, seconded by Councilman Riggs, City Council voted to APPROVE the above ordinance to amend and reordain Section 6-9.1 of the Code of the City of Virginia Beach pertaining to taking food and drink on beaches. 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 06/18/79 (ITEM II-G.2) ITEM #13842 AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-12 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO BEGGING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-12 of the Code of the City of Virginia Beach is amended and reordained as follows: It shall be unlawful for any person to beg on the streets or beaches of the City. Any person who violates the provisi.ons of this section.shall be guil f a Class IV Misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on the - 18 day of June , 1979 On motion by Councilman Baum, seconded by Councilman Riggs, City Council voted to APPROVE the above ordinance to amend and reordain Section 23-12 of the Code of the City of Virginia Beach pertaining to begging. 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 06/18/79 (ITEM II-G.3) ITEM #13843 AN ORDINANCE TO AMEND SECTION 37-11 OF THE CODE OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO WATER CONSERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-11 of the Code of the City of Virginia Beach, Virginia, is amended as follows: By deleting the word "Governor" and substituting therefore the words "City Council". Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of June -, 1979 For State enabling legislation, see SS15.1-37.3:4, Code of Virginia, 1950, as amended. On motion by Councilman Baum, seconded by Councilman Riggs, City Council voted to APPROVE the above ordinance to amend Section 37-11 of the Code of the City of Virginia Beach, Virginia, relating to water conservation. 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 06/18/79 june 18, 79@9 (ITEM II-H.l.a) ITEM #13844 RESOLUTIONS R E S 0 L 0 T I 0 N WHEREAS, a Public Hearing was conducted on March 13, 1979, in the City of Virginia Beach by representatives of the Commonwealth of Virginia, Department of Highways and Transportation after due and proper notice for the purpose of considering the proposed location and design of Virginia Beach Boulevard from Newtown (WCL-Virginia Beach) to Farmington Road, State Project 0058-134-101, PE 101, in the City of Virginia Beach at which Hearing aerial photographs, drawings, and other pertinent information were made available for public inspection in accordance with State requirements, and WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said Public Hearing, and '@IHEREAS, representatives of the City of Virginia Beach were present and participated in said Hearing, and LIHEREAS, the Council had previously requested the Virginia Department of Highways and Transportation on April 13, 1972, to program this project, and WHEREAS, with regard to the project crossing at London Bridge Creek, it is understood that the City's plan for the ultimate channel improvement is to provide a channel at a design elevation of -8.00 (MSL) and having a bottom width of eighty (80) feet, and WHEREAS, it will be the responsibility of the City of Virginia Beach to coordinate the ultimate provision for the existing railroad crossing along this channel and south of Virginia Beach Boulevard, it is, therefore, requested that the proposed sixteen-foot (161) clearance over London Bridge Creek be maintained with the improvement of Virgirlia Beach Boulevard as previously designed and presented at the Public Hearing. The need and commitment of the City's long- range plans are evidenced by the inclusion of sixteen-foot (16') clearance structures at Route 44 and Potters Road, and Whereas, the Council considered all such matters, 06/18/79 -9- THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach hereby approves the location and major design features of the proposed project as presented at the Public Hearing, including the proposed sixteen- foot (16') clearance over London Bridge Creek, and the Virginia Department of Highways and Transportation is hereby requested to proceed with the advertisement for construction bids for Virginia Beach Boulevard from Newtown Road to Farmington Road as presented at the aforementioned Public Ilearing. The City Clerk read the following excerpt from the City Manager's letter: "City Council adopted a resolution in April, 1972, requesting the State Highway Department to make a study concerning im- provements for Virginia Beach Boulevard. As is noted in this resolution, City Council agreed that if the road project was stopped, they would pay all engineering costs incurred bv the Highway Department. I have been notified by State offic'lals that the total cost to date approximates $1.25 Million. "If Council decides to stop this project, minimum improvements of progressive traffic signalization on Virginia Beach Boulevard will still be necessary. The estimated cost of the traffic signalization alone would be approximately $1 Million. As Council is aware, this signalization is included in the Virginia Beach Boulevard project. However, if we discontinue this project, the cost will have to be borne 100"' by us. Therefore, totalling the amount we would have to pay the State, plus the cost we would have to bear for the traffis signalization, it would cost us more to discontinue the project than it would to proceed as recommended, since the City's share for the approximate $40 Million improvements project is 5/'." The following persons appeared in opposition to the above Resolution: Mr. J. E. Clayton Davis, representing Pine Tree Inn Restaurant Mr. E. C. Black, 602 20th Street Mr. John W. Fowler, representing Thalia United Methodist Church Letter received from Mrs. Reba McClanan indicating opposition On motion by Vice llayor McCoy, seconded by Councilman Baum, City Council voted to APPROVE the above Resolution regarding the proposed improvements to Virginia Beach Boulevard. Voting: 9-2 Council Members Voting Aye: John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, J. @@urtis Payne, Roger L. Riggs, and Patrick L. Standing 06/18/79 -10- Council Members Voting Nay: F. Reid Ervin, and Donald W. Merrick Council Members Absent: None THE FOLLOWING IS THE RESOLUTION ADOPTED BY CITY CO[@NCIL APRIL 17, 1972: R E S 0 L U T I 0 N WHEREAS, the Department of Highways has indicated its willingness to initiate the improvement of Virginia Beach Boulevard (Route 58) and a short portion of Independence Boulevard (Route 225) in the City of Virginia Beach; and WHEREAS, the contemplated improvement is urgently needed and is in consonance with the Southeastern Regional Master Transportation Plan and will be funded through the TOPICS Program NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the Department of Highways and the Federal Bureau of Roads are hereby requested to program the acquisition of right-of-way and construction of the improvement of Virginia Beach Boulevard (Route 58) from Newtown Road (Norfolk city line) to its intersection with London Bridge Creek, and Independence Boulevard (Route 225) from Virginia Beach Boulevard to Jeanne Street. To help expedite this Project, a City consultant will prepare the necessary surveys, individual olats and road plans to meet the necessary State requirements. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay fifteen percent (15%) of all survey, planning, right-of-way and construction costs of said project, and the necessary funds are hereby appropriated for that purpose. AND BE IT FURTHER RESOLVED, That the City of Virginia Beach agrees that if such project is established and Virginia Beach decides at any time not to proceed further with it, then, by this Resolution, Virginia Beach agrees to reimburse the Highway Department for 100 percent of the cost incurred for said project, up to the time of its abandonment. 06/18/79 -11- (ITEM II-H.l.b) ITEM #13845 Requested by: Councilman F,.errick 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 18 day of June , 1979 On motion by Councilman Merrick and seconded by Councilman Riggs, the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, on March 5, 1979, the Council of the City of Virginia Beach, Virginia, deleted Old Donation Parkway from the Master Street and Highway Plan; and WHEREAS, on October 15, 1975, a subdivision plat entitled "Subdivision of Blair Point" dated June 7, 1974,was duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 111, at Page 42; and WHEREAS, the recordation of said plat dedicated right-of-way for the proposed Old Donation Parkway; and WHEREAS, it is the desire of the landowner that she be reinvested with title to the dedicated right-of-way as shown on that plat. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the City Manager is hereby directed and authorized to proceed to reinvest title to the dedicated right-of-way as shown on that plat. COUNCILMAN BAUM LEFT COUNCIL CHAMBERS On motion by Councilman tierrick, seconded by Councilman Riggs, City Council voted to DEFER ONE WEEK the above ordinance reinvesting the right-of-way dedicated by Mrs. Anne Blair back to her which was contingent upon construction of Old Donation Parkway which has now been removed from the Master Street and Highway Plan. Voting: 10-0 Council Members Voting Aye: 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, Patrick L. Standing Council Members Voting Nay: None 06/18/79 Council Members absent: John A. Baum (ITEM 11-H.2) ITEM #13846 Mr. John B. Gravatt appeared in favor. On motion by Councilman Merrick, seconded by Councilman Payne, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following request of Mr. John B. Gravatt for variances to Section 4.1 (m) and 5.5 of the Subdivision Ordinance which requires minimum street pavement widths and curb and gutter. Mr. Gravatt wishes to subdivide a 3.942-acre site, presently consisting of two lots, into three lots. Subdivision Variance: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for John B. Gravatt. Property located on the South side of Shorehaven Drive, 558.68 feet West of Back Cove Road. Plats with more detailed information are available in the Department of Planning. Approval of this request is subject to the following: 1. Pavement widening and curb and gutter required along Shorehaven Drive. 2. Minimum pavement width required along the proposed half street. Curb and gutter waived. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Fienley, 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: John A. Baum 06/18/79 @., I., I @ Council Members Voting Aye: 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, Patrick L. Standing Council Members Voting Nay: None Council Members absent: John A. Baum (ITEM II-H.4) ITEM #13848 Mr. John N. Parker appeared in favor On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following ordinance upon application of John N. Parker for a Change of Zoning District Classification from R-8 Residential District to B-2 Community Business District. ORDINANCE UPON APPLICATION OF JOHN N. Z0679434 PARKER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 Residential District TO B-2 Community-Business Di strict BE IT O.RDAINE,@ BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of John N. Parker for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on parcels located on the North side of Holland Road. Parcel 1: Beginning at a point 400 feet more or less West of Independence Boulevard, running a distance of 50 feet along the North side of Holland Road, running a distance of 173.1 feet along the Western property line, running a distance of 50 feet along the Northern property line and running a distance of 188.5 feet along the Eastern property line. Parcel 2: Beginning at a point 550 feet more or less tlest of Independence Boulevard, running a distance of 100 feet along the North side of Holland Road, running a distance of 223 feet along the Western property line, running a distance of 53.128 feet along the Northern property line, running a distance of 126.9 feet in a Southerly direction, running a distance of 50 feet in an Easterly direction and running a distance of 142.3 feet in a Southerly direction. Said parcels contain .637 acre 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. City water and sewer. 06/18/79 -15- 3. Right-of-way improvements will be necessary along the frontage on both Holland Road and Bonney Road; this includes pavement widening, curb and gutter, sidewalk, drainage facilities, and street lights. And further subject to the following condition prior to the change on the official zoning map: 1. A dedication of right-of-way 25 feet from the centerline of the existing 30 foot right-of-way along the 150 foot frontage on Holland Road (a 10-foot dedication). This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of June 1979 Voting: 8-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: Barbara ti. Henley, and Meyera E. Oberndorf Council Members absent: John A. Baum 06/18/79 -16- (ITEM II-H.5) ITEM #13849 VICE MAYOR MCCOY LEFT COUNCIL CHAMBERS Reverend Barnett Thourgood, President of Seatack Civic League, appeared in opposition to the following application. On motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and DENY the following application of Rubin I. Hedspeth and Arthur C. Bunton, III, for a Chanqe of Zoning District Classification from 1-1 Light Industrial District to 1-2 Hea@y Industrial District: An Ordinance upon Application of Rubin 1. Hedspeth and Arthur C. Bunton, III, for a Chanqe of Zoning District Classification from 1-1 Light Industrial District to I-2 Heavy Industrial District on certain property located on the West side of South Birdneck Road beginning at the Southwest intersection with Miller Lane, running a distance of 365.58 feet along the West side of South Birdneck Road, running a distance of 234.22 feet in a Westerly direction, running a distance of 75 feet in a Southerly direction, running a distance of 1613.57 feet along the Southern property line, running a distance of 1332.62 feet along the Western property line, running a distance of 140 feet in an Easterly direction, running a distance of 400 feet more or less in a Southerly direction, running a distance of 497 feet in an Easterly direction, running a distance of 350.93 feet in a Southerly direction and running a distance of 733.64 feet in an Easterly direction. Said parcel contains 26 acres more or less. Lynnhaven Borough. This was denied as it was felt the proposed use is incompatible with the residential character of the surrounding area. Voting: 9-0 Council Members Voting Aye: (for denial) F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald @l. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council tlembers absent: John A. Baum, and J. Henry McCoy, Jr. 06/18/79 -17- (ITEM II-H.S.a) ITEM #13850 Reverend Barnett Thourgood, President of Seatack Civic League, appeared in opposition to the following application. On motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and DENY the following application of Rubin I. Hedspeth and Arthur C. Bunton, III, for a Conditional Use Permit for storage or processing of salvage, scrap, or junk: An Ordinance upon Application of Rubin I. Hedspeth and Arthur C. Bunton, III, for a Conditional Use Permit for storage or processing of salvage, scrap, or junk on c r@tai*n property located on the West side of South Birdneck Road beginning at the Sotithwest intersection of Miller Lane, running a distance of 365.58 feet along the West side of South Birdneck Road, running a distance of 234.22 feet in a Westerly direction, running a distance of 75 feet in a Southerly direction, running a distance of 1613.57 feet along the Southern property line, running a distance of 1332.62 feet along the Western property line, running a distance of 140 feet in a Easterly direction, running a distance of 400 feet more or less in a Southerly direction, running a distance of 497 feet in an Easterly direction, running a distance of 350.93 feet in a Southerly direction and running a distance of 733.64 feet in an Easterly direction. Said parcel contains 26 acres more or less. Lynnhaven Borough This request was denied as it was felt the proposed use is incompatible with the residential character of the surrounding area. Voting: 9-0 Council Members Voting Aye: (for denial) 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 Patrick L. Standing Council Members Voting Nay: None Council Members absent: John A. Baum, and Vice Mayor J. Ilenry McCoy, Jr. 06/18/79 -18- (ITEM II-H.6) ITEM #13851 Mr. A. M. Kitts appeared in favor On motion by Councilman Ferrell, seconded by Councilman Payne, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVED the following ordinance upon application of Gulf Oil Corporation for a Conditional Use Permit for a full-service automobile service station and car wash: ORDINANCE UPON APPLICATION OF GULF OIL CORPORATION R0679255 FOR A CONDITIONAL USE PERMIT FOR a full-service autornobile service station and car wash BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: An Ordinance upon Application of Gulf Oil Corporation for a Conditional Use Permit for a full-service automobile service station and car wash on ertain p operty lo- cated at the Southwest intersection of Princess Anne Road and Kempsville Road, runn- ing a distance of 99.97 feet along the West side of Kempsville Road, running a dis- tance of 139.35 feet along the Southern property line, running a distance of 142.52 feet along the Western property line and running a distance of 116.76 feet along the South side of Princess Anne Road. Said parcel contains .431 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. No water shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 3. Parking at a ratio of 3 spaces for each car wash space within the facility. 4. The recycling of water in accordance with the City Code. 5. Compliance with Article 2, Section 224 of the Comt)rehensive Zoning Ordinance pertaining to Automobile Service Stations. 6. Two curb cuts are to be allowed on both Kempsville Road and Princess Anne Road, provided each is a maximum of 24 feet in width and marked appropriately for in-only and out-only traffic 7. Public restrooms are to be provided. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of June 1979 Voting: 9-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald '@. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing 06/18/79 Council Members Voting Nay: None Council Members absent: John A. Baum, and J. Henry McCoy, Jr. (ITEM II-H.7) ITEM #13852 VICE MAYOR MCCOY RETURNED TO CHAMBERS Mr. James E. Brydges, Jr., represented the applicant On motion by Councilman Ferrell, 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 Expressway Construction Corporation for a Change of Zoning District Classification from P-1 Preservation District to 0-1 Orfi-ce District: ORDINANCE UPON APPLICATION OF EXPRESSWAY Z0679435 CONSTRUCTION CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FDOM P-1 Preservation District TO 0-1 Office District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon Application of Exnressway Construction Corporation for a Cha of Zoning District Classification from P-1 Preservation District to 0-1 Office District on certain property located on the West side of Edwin Drive beginning at a point 1878.88 feet North of Holland Road, running a distance of 92.85 feet along the West side of Edwin Drive, running a distance of .148.93 feet along the Northern property line, running a distance of 217.44 feet in a Southeasterly direction and running a distance of 90.74 feet in an Easterly direction. Said parcel contains .461 acre. Kempsville Borough In September, 1974, the City of Virginia Beach conveyed this site to the applicant in exchange for a 60-foot right-of-way through their property. The remainder of the applicant's property is zoned 0-1 Office District, but it had only recently come to their attention that the parcel conveyed to them by the City was still zoned P-1 Preservation District, as it was prior to conveyance. This ordinance shall become effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of June 1979 Voting: 10-0 Council Members Voting Aye: 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, Patrick L. Standing 06/18/79 -20- Council Members Voting Nay: None Council Members absent: John A. Baum (ITEM II-I.l.a) ITEM #13853 ENCROACHMENT AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF 25TH STREET TO THE PRINCESS ANNE INN CORPORATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Princess Anne Inn Corporation is authorized to erect and maintain temporary encroachment into the City right-of-way of 25th Street. That the temporary encroachment herein authorized is for the purpose of providing Satellite Communication facilities on 25th Street; and that such facilities shall be erected and maintained in accordance with the City of Virginia Beach Planning Department's specifications and approval as to size, alignment and location. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Princess Anne Inn Corporation, and that within sixty (60) days after such notice is given, such encroachment shall be removed from the City right-of-way of 25th Street by Princess Anne Inn Corporation, their agents or employees; and that Princess Anne Inn Corporation shall bear all costs and expenses of such removal. AND PROVIDED FURTHER, that it is expressly understood and agreed that Princess Anne Inn Corporation shall indemnify and hold harmless the Cit,/ of Virginia Beach, its agents and employees, from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment, AND, PROVIDED FURTHER, that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction 06/18/79 -21- of any encroachment other than those specified herein and to the limited extent specified herein, nor to permit the maintenance or construction of any encroach- ment by anyone other than Princess Anne Inn Corporation. AND, FURTHER PROVIDED, that the City of Virginia Beach, upon re- vocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to Princess Anne Inn Corporation, and collect the cost in any manner provided by law for the collection of local and state taxes; may require Princess Anne Inn Corporation to remove such temporary encroachment; and pending such removal, the City may charge Princess Anne Inn Corporation compensation for the use of such portion of the street encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by Princess Anne Inn Corpora- tion; and, if such removal shall not be made within the time ordered herein- above by this ordinance, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes . Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 8 day of ---June 1979. Mr. Sam Houston appeared in favor of the above ordinance On motion by Councilman Riggs, seconded by Councilman Payne, City Council voted to APPROVE the above ordinance to authorize a temporary encroachment into a portion of the right of way of 25th Street to the Princess Anne Inn Corporation: Voting: 10-0 Council Members Voting Aye: 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, Patrick L. Standing Council Members Voting Nay: None 06/18/79 -22- Council Members absent: John A. Baum (ITEM II-I.4.b.1) ITEM #13854 BIDS THIS ITEM AND ITEM #13855 WERE VOTED ON AS ONE ITEM The following bids have been received for the 29th Street 4.0 MG Standpipe and Foundation Project, Virginia Beach Boulevard, Division I: (Piping, Site Work, and Tank Foundation): J. B. Denny and Company $888,880.00 W. B. Meredith, II, Inc. $907,000.00 GAVCO Corporation $918,000.00 J. Kennon Perrin Construction Company, Incorporated $949,336.00 Crowder Contracting Company, Inc. $983,300.00 Engineer's Estimate $905,000.00 On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted to uphold the recommendations of the City Manager and APPROVE the low bid of J. B. Denny and Company, in the amount of $888,880.00 for the 29th Street 4.0 MG Stand- pipe and Foundation Project, Virginia Beach Boulevard, Division I; and further authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 10-0 Council Members Voting Aye: 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, Patrick L. Standing Council Members Voting Nay: None Council Members absent: John A. Baum 06/18/79 -23- (ITEM II-I.4.b.i.a) ITEM, #13855 THIS ITEM AND ITEM #13854 WERE VOTED ON AS ONE ITEM The following bids have been received for the 29th Street 4.0 MG Standpipe and Foundation Project, Virginia Beach Boulevard, Division II (4.0 MG Standpipe): Chicago Bridge and Iron Company $637,435.00 Brown Steel Contractors, Inc. $667,460.00 Reco $753,136.00 Hydrostorage, Inc. $845,300.00 Engineer's Estimate $745,000.00 On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted to uphold the recommendations of the City flanager and APPROVE the low bid of Chicago Bridge and Iron Company, in the amount of $637,435.00 for the 29th Street 4.0 MG Standpipe and Foundation Project, Division II, Virginia Beach Boulevard; and further authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 10-0 Council Members Voting Aye: 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, Patrick L. Standing Council Members Voting Nay: None Council Members absent: John A. Baum 06/18/79 -2 4- (ITEM II-I.4.c.1) ITEM #13856 GRANTS-FIRST READING AN ORDINANCE TO ACCEPT A GRANT TOTALING $6,328 FROM THE SOUTHEASTERN TIDE@IATER AREA MANPOWER AUTHORITY AND TO APPROPRIATE THESE FTJNDS WHEREAS, the City wishes to provide recreation programs for its underprivileged youth during the sumrger of 1979, and WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA) has received funds from the Commtjnity Service Administration (CSA), providing funding for a recreation program within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grant for the Citv, and funds are hereby appropriated for the following purpose: Total Appropriation CSA-Summer Youth Recreation Program $6,328 BE IT FURTHER ORDAINED that the appropriations be financed 100% by federal funds, coming from the CSA thru STAMA, and That one personnel position be authorized for the duration of the grant, to be paid from the grant, with the class of employee to be determined by the City Manager. FIRST READING: June 18, 1979 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979 On motion by Councilman Payne, seconded by Councilman Ferrell, City Council voted to uphold the recommendations of the City Manager and APPROVE ON FIRST READING the above ordinance to accept a grant totaling $6,328 from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds: Voting: 10-0 Council Members Voting Aye: 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, Patrick L. Standing 06/18/79 -25- Council Members Voting Nay: None Council Members absent: John A. Baum (ITEM 11-I.5.a) ITEM #13857 CODE AMENDMENTS AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-33(d) OF THE CODE OF TFIE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO TIIE AREAS WHERE SURFING IS PERMITTED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-33(d) of the Code of the City of Virginia Beach, Virginia, shall be amended as follows: In the areas north of the northern line of Camp Pendleton to the southern boundary of Fort Story, between the hours of sunrise and sunset; except, that between the period May ]5th through September 30th, surfing is not permitted between the hours of 10:00 a.m. and 5:00 p.m. Surfing is permitted in the area three hundred (300) feet north of the center line of 3rd Street prolongated eastward extending three hundred (300) feet north of the center line of 5th Street prolongated eastward and in the area eight hundred (800) feet south of the southern jetty of Rudee Inlet and in the area five hundred (500) feet north of the northern jetty of Rudee Inlet between sunrise and sunset. This ordi nance shall be in effect on and after date of ado pti on. Adopted by the Council of the City of Virginia Beach, Viralinia, on the day of 1 979 . The following appeared regarding the surfing ordinance: Mr. H. Jack Jennings Mr. Hank Marx, Attorney, representing Virginia Beach Surfing Association Mr. Doug Meekins The following appeared in opposition to the proposed ordinance: Mr. Robert Roskovich, representing Ocean Lake and Bullock Motel Mr. S. McCallum, owner of Ocean Lake Motel After considerable discussion during the Council meeting, and from discussions with Council at the INFORMAL SESSION the action taken was to post the hazardous area and open the surfing area 500-feet north of the Jetty. The two hundred feet in front of the Dolphin Run would be closed, and the 500 feet north of the Jetty would be open. 06/18/79 -26- (ITEM II-K.1) ITEM #13858 OLD BUSINESS AN ORDINANCE TO AUTHORIZE THE KEMPSVILLE PRESBYTERIAN CHURCH TO HOLD SEVEN ACRES OF LAND IN THE CITY OF VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT pursuant to the authority thereof contained in the Code of Virginia, Section 57-12, the Kempsville Presbyterian Church is hereby authorized to take and hold in the City of Virginia Beach, Virginia, seven (7) acres of land at any one time if such acreage is to be devoted exclusively, and is subsequently so devoted, to a church building, chapel, offices, exclusively used for administra- tive purposes of the church, a sunday school building and playgrounds therefor, and parking lot for the convenience of those attending any of the foregoing, and a church manse, parsonage or rectory; specifically included in such acreage is the following described parcel of property in the Fairfield section of the City of Virginia Beach, to-wit: Beginning at a point on the South West intersection of Kernpsville Road and Locke Lane, thence from said point of beginning running along the western right-of-way line of Kempsville Road South 200 46' 29" West 350 feet to a point. Thence turning and running North 770 20' 08" West 855.39 feet to a point; thence turning and running North 490 34' 36" East 540.11 feet to a point on the south side of Locke Lane; thence turning and running along the south- ern right of way line of Locke Lane along a curve to the left with an arc distance of 163.58 feet and a radius of 430 feet to a point of tangent; thence continuing along the southern right of way of Locke Lane South 690 13' 11" East 486.61 feet to a point being the point of beginning. Site area contains seven (7) acres, as shown on Site Plan of Kempsville Presbyterian Church prepared by Wilfred P. Large, Surveyor, Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of June , 1979 For state authority, see Section 57-12, Code of Virginia, (1950) as amended. On motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City Council voted to uphold the recommendations of the City Manager and APPROVE the above ordinance authorizing the Kempsville Presbyterian Church to hold seven acres of land in the City of Virginia Beach, Virginia. Voting: 10-0 06/18/79 -27- Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. @lenry McCoy, Jr., Donald W. Merrick, rleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: John A. Baum (ITEM II-K.2) ITEM #13859 The City Manager indicated that the staff researched the matter of the Ballylinn Farms sewer hook-up as far back as 1970, where newspaper coverage is concerned. There was extensive discussion by City Council in 1970. The City Council set the sewer line fees in 1968 at $440,00 for the first 100'. In June of 1970, the City Council indicated they were studying possibilities of amending the 75% hook up to 50%, which was to make it more convenient for residents who did want sewer. In August of 1970, there were articles in the newspaper indicating that the area for sewer construction was the Sherry Park area. In the Capital Improvements Program for 1970-71, it indicated Sherry Park area; however, on the map it delineated Ballylinn Farms, McDonald Park and Sherry Park. In September of 1971 there was a large article in the newspaper indicating that City Council extended the deadline for sewer hook up to permit residents to get the sewer hook up at the $440.00 rate rather than wait and have to pay the new rate of $575.00, which would go into effect October 1, 1971. In October of 1971, City Council adopted ordinances setting the sewer fees, effective December 1, 1971. In November of 1971, City Council extended the deadline once again from December 1 to December 30, 1971, afterwhich Council extended the deadline to January 1, 1972. In July of 1972, City Council adopted the new sewer line fees of $780 for the first 100'. Mr.Ernest F. Kerekes, resident of Ballylinn Farms, appeared before City Council on the above matter. Mr. Ray Bartholomew, resident of Ballylinn Farms, also appeared regarding the above matter. After considerable discussion, Vice Mayor McCoy made a motion, seconded by flayor Standing, to give the residents of Ballylinn Farms 60 days in which to sign up for sewer at the old 1971 rate of $440.00. THE RECORDED VOTE IS AS FOLLOWS: Voting: 1-9 Council Members Voting Aye: (to grant the motion) Vice Mayor J. Henry McCoy, Jr. Council Members Voting Nay: 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 Patrick L. Standing 06/18/79 -28- Council Members absent: John A. Baum The motion to grant the residents sixty (60) days in which to sign up for sewer at the old 1971 rate of $440.00 was lost. (ITEM II-L.1) ITEM #13860 NEW BUSINESS The City Clerk read the following letter from Allison J. Stafford, President, Gator Vol ksmarsch Club, who wished authori za ti on from City Council to use the City Seal in preparation of Commemora@'I've Fiedal for Walk Fest October 13-14, 1 97 9. "On behalf of the membership of the Gator Volksmarsch Club, this is to request authorization from the City Council of Virginia Beach to use the City Seal in preparation of a commemorative medal to pay tribute to the Cape Henry Light- house and the Landing of our Forefathers in connection with a scheduled Walk Fest on 13-14 October, 1979 at Fort Story. "It is customary in our club to have an appropriate commemorative medal available for purchase at a token fee by each participant who desires a medal, and who completes the marked ten or twenty kilometer walk. The event will be open to the general public. "Consideration of this request by your City Council and favorable response will be greatly appreciated." On motion by Councilman Payne, seconded by Mayor Standing, City Council voted to APPROVE the request of Allison J. Stafford, President, Gator Volksmarsch Club, to use the City Seal in preparation of Commemorative Medal for Walk Fest October 13-14, 1 979 . Voting: 10-0 Council Members Voting Aye: 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, Patrick L. Standing Council Members Voting Nay: None Council Members absent: John A. Baum 06/18/79 -29- (ITEM II-J.1) ITEM #13861 APPOINTMENTS On motion by Councilwoman Henley, seconded by Councilman Holland, City Council voted to APPOINT/REAPPOINT the following to the DEVELOPMENT ATJTFIORITY: Appointed: Lawrence L. Joyner to fill the unexpired term of Willard P. Whitehurst, term ending October 2, 1981. Reappointed: Norman W. Morris for a four year term, beginning September 1, 1979 and terminating August 31, 1983 Reappointed: John W. Wilson for a four year term, beginning September 1, 1979 and terminating August 31, 1983. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. @lerrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: John A. Baum ITEM #13862 On motion by Councilman Ferrell, seconded by Councilman Riggs, City Council voted to REAPPOINT the following to the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COM@IISSIO@l, for terms of three years, beginning July 1, 1979 and terminating June 30, 1982: Councilman John A. Baum Councilwoman Meyera E. Oberndorf Voting: 10-0 Council Members Voting Ave: F. Reid Ervin, George R. Ferrell, Barbara M. lienley, 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 rlembers absent: John A. Baum 06/18/79 -30- ITEM. #13863 On motion by Vice Mayor McCoy, seconded by Councilman Holland, Citkl Council voted to APPOINT the following to the TIDEWATER SAFETY COMMISSION, term expiring October 31, 198 Mrs. Lois Bostic Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, tleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: John A. Baum ITEM #13864 On motion by Councilwoman Oberndorf, seconded by Councilman Plerrick, City Council voted to REAPPOINT the following to the PUBLIC LIBRARY BOARD for terms of three years, beginning September 1, 1979 and terminating August 31, 1982: Mrs. Swindell Pollock Mrs. James R. Morrow Mr. John H. Robertson Mrs. William Campbell Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. lienley, Clarence A. Holland, J. Henry tIcCoy, 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: John A. Baum 06/18/79 -31- ITEM #13865 On motion by Councilman Ferrell, seconded by Mayor Standing, City Council voted to APPOINT the following as an AT LARGE member of the CITIZII'NS ADVISORY COM.MITTEE: Mr. D. B. Frye, Jr. Voting: 10-0 Council Members Voting Aye: 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, Patrick L. Standing Council Members Voting '@ay: None Council Members absent: John A. Baum ITEM #13866 Councilwoman Henley indicated that at last week's Council Meeting (June 11, 1979) City Council voted to reconsider the application of Carlton E. and Josephine N. Coppersmith for a change of zoning from R-5 Residential District to 0-1 Office District. Councilwoman Henley stated she voted to rehear the matter in good faith as she thought all the information has been presented. Since that time it was dis- covered that the property had been sold on April 13, 1979. Therefore, since the application was misrepresented to Council, Councilwoman Henley made a motion, seconded by Vice Mayor McCoy, to RESCIND THE MOTION OF THE JUR,'E 11, 1979 CITY COUNCIL MEETING TO RECONSIDER TIIE APPLICATION OF CARLTON E. ANP JOSEPHINE N. COPPERSPIITH. ON JULY 2, 1979 Voting: 10-0 Council Members Voting Aye: (to rescind motion) F. Reid Ervin, George R. Ferrell, Barbara M. Fienley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, @leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: John A. Baum CITY COUNCIL VOTED TO RESCIND THE MOTION OF TFIE JUNE 11, 1979 CITY COUNCIL MEETING TO RECONSIDER THE APPLICATION OF CARLTON E. AND JOSEPHINE N. COPPERSMITH FOR A CHANG'c OF ZONING FROM R-5 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT, ON JULY 2 , 1 97 9 . 06/18/79 -32- ITEM #13867 Councilman Merrick indicated he checked @@@t of the property up for rezonings or use permits at today's meeting (@une , 1979), and most of the signs on the property had the Planning Commission date of them. There is a section of the City Code which states that two weeks before a public hearing the property must be posted. Councilman Merrick requested the City Planning Department check these signs and advise City Council whether they have the proper date on them or not, both Planning Commission date and City Council date. On motion by Councilman Merrick, seconded by Councilwoman Henley, City Council voted to AUTHORIZE the Planning Commission to check each piece of )roperty coming before Council to see if they are properly posted for City Council. Voting: 10-0 Council Members Voting .4ye: 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, Patrick L. Standing Council Members Voting @lay: None Council Members absent: John A. Baum ITEM #13868 On motion by Councilman Ferrell, seconded by Councilman Holland, and by acclamation, City Council adjourned at 5:10 p.m. RRh Hodges Aith, City Clerk City of Virginia Beach, Virginia June 18, 1979 h