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HomeMy WebLinkAboutAPRIL 9, 1979 OTY OF VIRGINIA BEICI MUNICIPAL CENTER "rW.,dd'. VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, Al L.,g@ CLARENCE A. HOLLAND, M.D., B.y@id, B.,..gh VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,@ill, B@,-gb DONALD W. MERRICK, L,@@b ... @ B@,@,gb JOHN A. BAUM, Bi.,k..t@, B@,..gh MEYFRA E. OBERNDORF, At L.,g@ F. REID ERVIN, Al L.,g, J. CliRTIS PAYNE, P,i@,@,, A@@, B .... gb GEORGE R. FERRELL, A, L.,g, ROGER L. RIGGS, Vigi@i. B@.,b B.,@.gh BARBARA M. HENLFY, P,@g@ B@,..gb RTJTII HODGES SMITH, Ci,y Cl@,k City Council Agenda ITEM I INFORMATION SESSION: Monday, 9, April 1979 - 1:00 p.m. A. CALL TO ORDER - MAYOR PATRICK L. STANDING B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Atlantic Avenue/Pacific Avenue: Traffic movement and right/left turn storage lanes. 2. Refuse Collection: a. Commercial establishrnents b. Mobile refuse containers - possible pilot program 3. Street Names in the Little Neck Area: Possible changing of certain street names. 4. First Annual Truck Rodeo: Discussion of Rodeo being sponsored by the City of Virginia Beach. 5. Rudee Inlet: Dredging update. 6. Fines for Parking Violations ITEM II FORMAL SESSION: Monday, 9 April 1979 - 2:00 p.m. A. INVOCATION - Reverend Beverly D. Tucker Old Donation Episcopal Church B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF REGULAR PREVIOUS MEETING 1. Motion to accept/approve the Minutes of April 2, 1979 2. Motion to co-rect the Minutes of October 23, 1978. E. RESOLUTIONS 1. Letter from the City Manager recommending approval of a Resolution to adjust grant allocation schedules in Community Develop- ment Grant Applications for the Second, Third, and Fourth Program Years. F. PUBLIC HEARINGS - NONE G. CONSENT AGENDA 1. Letter from the City Manager recommending approval of the request of Mr. John T. Atkinson, City Treasurer, for tax refunds in the amount of cts549.37. H. PLANNING ITEMS 1. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Samuel 1. White for a change of zoning from A-1 Apart- ment District to B-4 Resort-Commercial Dis- trict on a 1.12 acre parcel located at the southeast inersection of 28th Street and Arctic Avenue (Virginia Beach Borough). 2. Letter from the City Manager transmitting the recommendation of the Planning Cornmission for approval of the application of John L. Wood, Olive Estelle Wood, Larry A. Reynolds, and C. Sharon Reynolds for a change of zoning from R-4 Residential District to B-4 Community- Business District on a 1.76 acre parcel located at the southeast intersection of Kempsville Road andBonneydaleRoad (Kempsville Borough). 3. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Virginia Dennis McGee for a change of zoning from R-6 Residential District to R-8 Residential Dis- trict on a .42 acre parcel located on the west side of Lynn Shores Drive, south of Lampl Avenue (Kempsville Borough). 4. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Eric C. and Patricia F. Smith for a change of zoning from R-5 Residential District to 0-1 Office Dis- trict on a .24 acre parcel located on the south side of Larry Avenue, east of Newtown Road (Bayside Borough). 5. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of The City of Virginia Beach for a change of zoning from B-2 Community-Business District to A-1 Apart- ment District on a 13.6 acre parcel located south of Virginia Beach Boulevard, east of Groveland Road (Lynnhaven Borough). 6. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of National Pride Equipment, Inc., for a conditional use permit for a car wash on a .96 acre parcel located on the south side of Virginia Beacb Boulevard, west of Rosemont Road (Lynnhaven Borough). H. PLANNING ITEKIS CONTINUED: 7. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of an ordinance to amend and re- ordain Article 7, Section 711 of the CZO per- taining to use regulations in the H-2 Resort Hotel District. 8. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Greenco Corporation for a conditional use permit for a recreational facility of an outdoor nature (amusement park) on a .2 acre parcel which consists of what is now 31st Street, between Atlantic Avenue and the Oceanfront (Virginia Beach Borough). 1. ORDINANCES 1. Planning: a. Letter from the City Manager transmitting the recommendation of the Planning Commission and the Viewers for denial of an ordinance to authorize a temporary encroachment into a por- tion of right-of-way of 31st Street to Greenco Corporation. b. Letter from the City Manager recommending approval of an ordinance to authorize a temp- orary encroachment into a portion of the right- of-way of 39th Street and Riparian Investment Associates. 2. General a. Letter from the City Manager recommending approval of an ordinance to authorize a temporary encroachment into a portion of the right-of-way of Lake Avenue to Hudgins and Associates, Inc. and an ordinance to authorize a temporary encroachment into a portion of the right-of-wat of South Atlantic Avenue to Hudgins and Associates, Inc., for septic tanks and wells to be placed the required distance apart as re- quested by the Health Department. b. Letter from the City Manager recommending approval of an ordinance to allocate two permanent positions for the Coinmunity Development Block Grant Program. 3. Second Readings - NONE 4. Appropriations A. First readings 1. Letter from the City Manager recommending approval of an ordinance, on first reading, to appropriate $26,000 for appraisals and title reports of land in the Chesapeake Beach area not covered by the Dune Stabil- ization Ordinance I. ORDINANCES CONTINUED: 4. Appropriations B. Bids - None C. Grants - None 5. Code Amendments J. ADDITIONAL ACTION ITE@IS K. OLD BUSIliESS L. NEW BUSINESS M. ADJOURNMENT 1. Motion to adjourn MINUTES OF THE HONORABLE CITY COUNCIL OF THE CTTY OF VTRGTNIA BEACH, VIRGINTA April 9, 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, April 9, 1979, at 1:00 p.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, Roger L. Riggs, and Patrick L. Standing Council Members Absent: J. Curtis Payne INFORMAL SESSION ITEM #13537 Mayor Standing entertained a motion to permit Council to conduct an INFORMAL SESSION to be followed by an EXECUTTVE 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). Upon motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to proceed into EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 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, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None 2- Council Members Absent: J. Curtis Payne ATLANTIC/PACIFIC AVENUES ITEM #13538 The City Manager indicated a meeting was held at the Dome for the purpose of discussing with the Innkeepers and Merchants traff ic movement in the Beach Borough. Approximately 180 persons attended the meeting and the Minutes are now being compiled. There was no interest shown in having Atlantic Avenue or Pacific Avenue one-way. It was brought out that most people ride on Atlantic Avenue for the congestion, and they want Atlantic Avenue congested. The staff has come up with an alternative which is to put left-turn sto rage lanes on 1 7th St reet, for nor t h-bo und traf f ic, wh ic h would necessitate eliminating the parking on both sides of Atlantic Avenue for approximately one to one and one-half blocks; and, on 22nd Street, also, for north-bouiid traffic, which would necessitate eliminating the parking on both sides of Atlantic Avenue for approximately one to one and one-half blocks. The left-turn storage lanes, upgrading the signalization system, plus the installation of pedestrian signal (walk/don't walk), at 21st Street and Atlantic Avenue would curb much of the congestion as far as safety to the citizens is concerned. The City Manager indicated the staff would like to implement this Plan immediately so it will be completed by the summer season. RUDEE INLET ITEM #13539 The City Manager indicated that Cockrell Engineering is anchored off the Hampton Roads Tunnel waiting for the winds to subside before they begin pulling the dredge. The City Manager indicated the Erosion Commission has cleared the Inlet to six feet, and Cockrell can open it up to ten feet and also work on the sand trap to clear it of all materials. FINES FOR PARKING VIOLATIONS ITEM #13540 The City Manager indicated that fines for "no parking" has been brought up; therefore, he has met with the City Attorney to determine if there could be a separate fine for the Beach area. David Grochmal, Assistant to the City Manager, has investigated the possibility of having different fines for different violations. The more serious the violation, the more stringent the fine. The City Manager indicated the violations which have become the most difficult to enforce be a $10.00 fine: Parking in driveways Parking by fire hydrants Parking in front of Fire or Rescue Stations Parking in a "no parking" zone be at a lower fine of $6.00 to $8.00. The City Manager indicated the staff would like to prepare an Ordinance for Council's approval with those types of fines imposed. - 3- FORMAL SESSION ITEM #13541 Mondav, April 9, 1979 2:15 p.m. Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, and Patrick L. Standing Council Members Absent: Clarence A. Holland, and J. Curtis Payne INVOCATION was given by the Reverend Gary Santell, Old Donation Episcopal Church. PLEDGE OF ALLEGIANCE COUNCILMAN HOLLAND ENTERED MEETING AT 2:27 p.m. (ITEM II-D.2) ITEM #13542 MINUTES On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, City Council voted to APPROVE the following correction to the Minutes of October 23, 1978, Item #12897: Setting forth a new Ordinance for the closure of a portion of the street (formerly Cranston Lane) as shown in Map Book 97, Page 17. This matter will be corrected in the original minutes of that date. Voting: 10-0 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, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J, Curtis Payne - 4- (ITEM TI-D.1) ITEM #13543 On motion by Councilman Ferrell, seconded by Councilman Baum, City Council voted to approve the Minutes of the Regular Meeting of April 2, 1979, with the following correction: ITEM #13524 - Application of Frank T. Williams - Councilwoman Oberndorf seconded the AMENDED motion, not Council- woman Henley as the Minutes had been previously distributed to Council for their consideration. Voting: 10-0 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, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Curtis Payne - 5 - (ITEM II-E.1) ITEM #13544 RESOLUTION RESOLUTION TO ADJUST GRANT ALLOCATION SCHEDULES IN COMMUNITY DEVELOPMENT GRANT APPLICATIONS FOR THE SECOND, THIRD, AND FOURTH PROGRAM YEARS WHEREAS, cost estimates for water and sewer projects indicate that the cost of these projects will exceed the amount of funds presently allocated; and, WHEREAS, street projects presently funded in the Third and Fourth Program Years cannot be initiated until the Sixth and Seventh Program Years; and, WHEREAS, Community Development funds have not as yet been designated to provide for acquisition of real property to obtain necessary i:Lghts-of-way and other land acquisition for eligible Community Development activities; and, WHEREAS, Community Development funds have not as yet been designated to provide for necessary relocation assistance as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act; and, WHEREAS, the initiation of the Community Developnient Rehabilitation Loan/Grant Program has created a need for additional funds for rehabilitation projects and for increased administrative costs; and, WHEREAS, additional funds are needed for Contingencies and/or Local Option Activities to provide a source of funds to offset increases in project costs and to provide a source of funds for local option projects; and, WHEREAS, as required by regulations of the Department of Housing and Urban Development governing amendments to the Community Development Block Grant Program, on April 5, 1979, the Community Development Citizens Advisory Committee sponsored a Public Hearing concerning the proposed changes in allocation of the Second, Third and Fourth Years funding concerning the purposes set out above; and, WHEREAS, at its meeting on March 21, 1979, the Community Development Citizens Advisory Committee recommended that City Council authorize the proposed changes for the purposes set out above. - 6- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized and directed to provide such information or materials to the Department of Housing and Urban Development as necessary to permit the approval of the following changes in the Second, Third, and Fourth Years Grant Allocation Schedules: AND BE IT FURTHER RESOLVED, that the Council of the City of Virginia Beach gives it assurance that the intent of the Act will be eomplied with in full. AND BE IT FURTHER RESOLVED, that the Department of Housing and Urban Development is respectfully requested to assist in the prompt approval and funding of the subject changes in order that the public interest of this City may be best protected. FIRST READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of April, 1979. - 7 - 2nd Progr.am Year Original Revised Project Application Adjustment Application Seatack Sewer II, III $ 830,660 $ + 13,533 $ 844,193 Seatack Water III 84, 600 + 2 6, 3 2 2 110, 9 2 2 Newlight Sewer 180,000 -0- 180,000 Newlight Water 78,300 -0- 78,300 Queen City Water 45,000 - 40,000 5,000 Seatack Streets -0- -0- -0- Doyletown Park -0- + 5, 6 4 2 5, 6 4 2 Administration 25,000 + 24,440 49,440 Rehab Loan and Grants -0- + 44,503 44,503 TOTAL $1, 2 4 3, 5 60 $1, 31 8, 000 3rd Program Year Original Revised Project Adjustment. Application Seatack Sewer VI, VII $ 528,340 $ + 328,011 $ 856,351 Seatack Water IV, VI, VII 1 7 3, 90 0 + 10 7, 5 30 2 81, 4 30 Newlight Sewer 1 41, 000 + 2 6 9, 150 410, 150 Newlight Water -0- + 154,250 154,250 50,000 .iewsome Farm Sewer 511, 500 - 461, 500 Newsome Farm Water 233,200 - 208,200 25,000 Seatack Streets 200, 000 - 20 0, 000 -0- Gracetown Water 9, 500 + 1 5, 500 25, 000 Newlight Streets 185,081 - 185,081 -0- Low Interest Loan and Grant 215,000 -0- 215,000 Payment of Line and Tap Fees -0- + 120,000 120,000 Administration 6 0, 000 + 40, 000 100, 000 Local option and Contingencies 22,479 + 20,340 42,819 TOTAL $ 2, 2 80, 00 0 $ 2, 2 80, 0 00 4th Program Year Original Revised Project Application Adjustment Application Seatack Streets $ 7 80, 000 $ - 3 6 2, 4 81 $ 41 7, 51 9 Newsome Farm Streets 2 80, 000 - 2 80, 00 0 -0- Gracetown Water 129,500 + 17,000 146,500 Gracetown Streets 300, 000 - 300, 000 -0- Queen City Streets 150,000 - 150,000 -0- Queen City Water 69,000 + 31,000 100,000 Queen City Streets 260,000 - 130,000 130,000 Doyletown Drainage 25,000 - 25,000 -0- Housing Rehabilitation 250, 000 -0- 2 50, 000 Administration 106, 000 -0- 10 6, 000 Contingencies Local Option 5, 00 0 + 40, 0 00 4 5, 000 Newsome Farm Sewer -0- + 7 20, 900 7 20 ,900 Newsome Farm Water -0- + 153,000 153,000 Relocation Assistance -0- + 50,000 50,000 Acquisition of Real Property -0- + 50,000 50,000 Newlight Streets -O-- + 185,081 185,081 TOTAL $2,354,000 $2,354,000 - 8- Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the above Resolution to adjust Grant Allocation Schedules iii Community Development Grant Applications for the Second, Third, and Fourth Program Years. Voting: 10-0 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, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Curtis Payne - 9- (ITEM 11-G.1) ITEM #13545 CONSENT AGENDA Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to AP PROVE the abo ve tax ref unds in the amo unt of $549. 37. Voting: 10-0 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, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Curtis Payne -10- AN ORDINANCE AUTIIORIZING TAX REFUNDS Date 3-27-79 DC UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER BE IT ORDAINED BY THE COUNTCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the folloxqin- applications for tax refunds upon certification of the Treasurer are hereby approved: -otati.n@ N A.M E YEAF OF TA;d NU,%IBER TION NC PAID @ENALTY INT Toi'@- ,2nnett, George 0. 79 CD 44898 2/13/7) 30.00 arpold, Doris L. 79 CD 28209 1/11/7) 7.50 arrimore, Douglas G. 79 CD 17554 1/8/79 7.50 izeman Donald G.,Jr. 79 CD 34983 1/18/7) 30.00 ale, Gar', C. 79 CD 47344 3/6/79 15.00 mith, Wallace E. 79 CD 17681 1/8/79 7.50 cKee, John H. 79 CD 80533 1/2/79 7.50 rand Furniture Dis- ount Stores 79 CD 104612 1/5/79 10.00 encewizki, Fred, Jr. 79 CD 61741 2/1/79 7.50 orbes, Bernard B.,Jr. 79 CD 102133 1/2/79 7.50 r'Q, C,iarles-G.- 79 CD 20569 1/8/79 7.50 hit--', Quinton R. 79 CD 36604 1/18/7) 15.00 ax-@c,r, Johnie W. 79 CD 55888 1/31/7) 7.50 irst American Savings Loan Assoc. 79 CD 44976 2/16/74 15.00 ovitt, Evone Watkins 79 CD 118356 1/24/7? 7.50 acon, Edwazd F. 79 CD 59461 3/12/79 15.00 cCrca, Gordon H. 79 CD 28864 1/15/79 7.50 iller, Ear.1 J. 79 CD 83282 1/9/79 f5.00 verett, Ruby P. 79 RE 1/2 21490-9 11/15/78 16.46 a?adopoulos, Grerory 78 PP 117654 2/2/79 244.51 .Loeckner, Frank J,Ill 79 CD 96674 3/8/79 15.00 oss, Frederick A. 79 CD 1/18/79 7.50 rintess Anne Dist.-Co 78 pp 74570 5/10/78 45.90 The above abatement(s) totaling $549.37 were approved by the Council of the city of Virginia Beach on the 9th day of April re Approvcd as to fo=: Ruth H. Smith, City Clerk - I I - (ITEM II-H.4) ITEM #13546 PLANNING ITEMS The Attorney representing the application of Eric C. and Patricia Smith appeared before Council requesting a four (4) week deferral. An Ordinance upon application of Eric C. and Patricia F. Smith for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on certain property located on the South side of Larry Avenue beginning at a point 100 feet more or less East of Newtown Road, running a distance of 90.07 feet along the South side of Larry Avenue, running a distance of 135.36 feet along the Eastern property line, running a distance of 101.16 feet along the Southern property line and running a distance of 133.24 feet along the Western property line. Said parcel contains .24 acre. BAYSIDE BOROUGH. VICE MAYOR McCOY LEFT COUNCIL CHAMBERS On motion by Councilman Holland, seconded by Councilman Baum, City Council voted to DEFER FOR FOUR (4) WEEKS the above application of Eric C. and Patricia F. Smith for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Vice Mayor J. Henry McCoy, Jr., and J. Curtis Payne - 1 2 - (ITEM II-H.1) ITEM #13547 VICE MAYOR McCOY RETURNED TO CHAMBERS Attorney Grover C. Wright, Jr., appeared in behalf of the applicant Upon motion by Councilman Riggs, seconded by Councilman Baum, City Council voted to APPROVE the following Ordinance upon application of Samuel I. White for a Change of Zoning District Classification from A-1 Apartment District to B-4 Resort-Commercial District: ORDINANCE UPON APPLICATION OF SAMUEL I. WHITE Z0479421 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 APARTMENT DISTRICT TO B-4 RESORT-COMMERCIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VTRGINIA, THAT: Ordinance upon application of Samuel 1. White for a Change of Zoning District Classification from A-1 Apartment District to B-4 Resort-Commercial District on certain property located at the Southeast intersection of 28th Street and Arctic Avenue, running a distance of 350 feet along the South side of 28th Street, running a distance of 140 feet alolig the Eastern pro- perty line, running a distance of 350 feet along the Southern property line and running a distance of 140 feet along the East side of Arctic Avenue. Said parcel contains 1.12 acres. VIRGINIA BEACH BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and Sewer. 3. Filling of this site will not be allowed without proper permit. 4. Right-of-way improvements will be necessary along both Arctic Avenue and 28th Street; this includes pavement widening, curb and gutter, sidewalk, drainage facilities and street lights. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of April, 1979. 1 3 - Vot ing: 10 -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, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Curtis Payne - 1 4- (ITEM II-H.2) ITEM #13548 Attorney Joseph J. Lawler, appeared in behalf of the applicant On motion by Vice Mayor McCoy, Jr., seconded by Councilman Merrick, City Council voted to DENY the following application of John L. Wood, Olive Estelle Wood, Larry A. Reynonds, and G. Sharon Reynolds for a Change of Zoning District Classification from R-4 Residential District to B-2 Community-Business District. Ordinance upon application of John L. Wood, Olive Estelle Wood, Larry A. Reynolds and G. Sharon Reynolds for a Change Of Zoning District Classification from R-4 Residential District to B-2 Community-Business District on certain pro- perty located at the Southeast intersection of Kempsville Road and Bonneydale Road, running a distance of 210 feet along the East side of Kempsville Road, running a distance of 420 feet along the Southern property line, running a distance of 115 feet in a Northeasterly direction, running a distance of 176.35 feet in a Northwesterly direction, running a distance of 190.2 feet in a Northerly direction and running a distance of 180 feet along the South side of Bonneydale Road. Said parcel contains 1.76 acres. KEMPSVILLE BOROUGH. Voting: 8- 2 Council Members Voting Aye: (for denial) F. Reid Ervin, George R. Ferrell, Barbara M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay; John A. Baum, and Clarence A. Holland Council Members Absent: J. Curtis Payne The above application was denied as it was felt the proposed zoning would both initiate and encourage a strip commercial development pattern along Kempsville Road. In addition, the proposed zoning is not appropriate for this site given the surrounding residential land use pattern. -1 5- (ITEM II-H.3) ITEM #13549 Mrs. Virginia Dennis McGee appeared in behalf of ber application Upon motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted to APPROVE the following Ordinance upon application of Virginia Dennis McGee for a Change of Zoning District Classification from R-6 Residential District to R-8 Residential District: ORDINANCE UPON APPLICATION OF VIRGINIA Z0479422 DENNTS McGEE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 RESI- DENTIAL DISTRICT TO R-8 RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Virginia Dennis McGee for a Change of Zoliing District Classification from R-6 Residential District to R-8 Residential District on certain property lo- cated on the West side of Lynn Shores Drive beginning at a point 241.7 feet South of Lampl Avenue, running a distance of 80.50 feet along the West side of Lynn Shores Drive, running a distance of 216.81 feet along the Southern property line, running a distance of 80 feet along the Western property line and running a distance of 222.08 feet along the Northern property line. Said parcel contains .42 acre. KEMPSVILLE BOROUGH. Approval is subject to the following condition in con- junction with the intended use of the land: 1. Water and sewer. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of April, 1979. -1 6- Votin g 8- 2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, Roger L. Riggs Council Members Voting Nay: Donald W. Merrick, and Patrick L. Standing Council Members Absent: J. Curtis Payne - 1 7- (ITEM II-H.5) ITEM #13550 Mr. Jerry Broadway, Industrial Development, appeared in behalf of the application. Mrs. Joan Chibatar, Secretary, Pinewood Gardens Civic League, appeared in opposition. Mrs. Pat Rickmyer, resident on Pinewood Drive, appeared in opposition. Councilman Merrick made a motion, seconded by Councilman Ervin, to DENY the following application of the City of Virginia Beach for a Change of Zoning District Classification from B-2 Community-Business District to A-1 Apartment District. Voting: 5- 5 Council Members Voting Aye: (for denial) F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs Council Members Voting Nay: John A. Baum, George R. Ferrell, Clarence A. Holland, J. Henry McCoy, Jr., Patrick L. Standing Council Members Absent: J. Curtis Payne DUE TO A TIE VOTE, THE ABOVE MOTION WAS LOST. -1 8- ITEM # 1 3 5 50 (a) On motion by Councilman Baum, seconded by Councilman Holland, City Council voted to DEFER the application of the City of Virginia Beach for a Change of Zoning District Classification from B-2 Community-Business District to A-1 Apartment District, until all members of Council are present: An Ordinance upon application of the City of Virginia Beach for a Change of Zoning District Classification from B-2 Community-Business District to A-1 Apartment District on certain property located 350 feet South of Virginia Beach Boulevard, beginning at a point 1290 feet more or less East of Groveland Road, running a distance of 971.51 feet along the Western property line, running a distance of 690 feet along the Southern property line, running a distance of 50 feet in a Northeasterly direction, running a distance of 280 feet in a Northerly direction, running a distance of 50 feet more or less in a South- westerly direction, running a distance of 246.60 feet in a Northwesterly direction, running a distance of 230.98 feet in a Nortberly direction, running around a curve in a Northeasterly direction a distance of 138.13 feet, running a distance of 106.78 feet in a Northwesterly direction, running a distance of 320.52 feet along the Northern property line, running a distance of 84.60 feet in a Southwesterly direction and running a distance of 170.26 feet in a Northwesterly direction. Said parcel is a portion of Rose Hall and contains 13.6 acres. LYNNHAVEN BOROUGH. Voting: 9-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: Donald W. Merrick Council Members Absent: J. Curtis Payne - 1 9- (ITEM II-H.6) ITEM #13551 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant On motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to APPROVE the following Ordinance upon application of National Pride Equipment, Inc., for a Conditional Use Permit for a car wash: ORDINANCE UPON APPLICATION OF NATIONAL PRIDE R0479241 EQUIPMENT, INC., FOR A CONDITIONAL USE PERMIT FOR A CAR WASH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of National Pride Equipment, Inc., for a Conditional Use Permit for a car wash on certain pro- perty located on the South side of Virginia Beach Boulevard beginning at a point 238.37 feet West of Rosemont Road, running a distance of 225.09 feet along the South side of Virginia Beach Boulevard, running a distance of 123.29 feet along the Western property line, running a distance of 204.49 feet along the Southern property line, running a distance of 140 feet in a Northerly direction, running a distance of 11.66 feet in an Easterly direction and running a distance of 27.48 feet in a Northerly direction. Said parcel contains .96 acre. LYNNHAVEN BOROUGH. Approval is subject to the following conditions in con- junction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. An escrow to cover 10% of the cost of right-of-way improvements along this site's frontage on Virginia Beach Boulevard. 4. A variable right-of-way dedication along the 225.09 foot frontage on Virginia Beach Boulevard as shown on the plans on file in the City Engineering Division; however; if the land is not required in ten (10) years, it is to be returned to the owner. 5. A permanent drainage easement as shown on the plans on file in the City Engineering Division. 6. No water shall be permitted to fall upon or drain across public streets on sidewalks or adjacent properties. 7. A 30-foot setback from the alley along the rear of this site. 8. Parking at a ratio of three (3) spaces for each car wash space within the facility. 9. The recycling of water in accordance with the City Code, as applicable, HAS BEEN REMOVED FROM CONDITIONS FOR APPROVAL. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, - 20 - Voting: 10 -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, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Curtis Payne - 2 1 - (ITEM II-H.7) ITEM #13552 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 7, SEGTTON 711 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS IN THE H-2 RESORT HOTEL DISTRICT BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINTA BEACH, VTRGINIA: That Article 7, Section 711, Use Regulations, of the C.Z.0, is amended and reordained as follows: (c) Conditional uses and structures. Uses and structures hereinafter specified to the provisions of Part C of Article 2 hereof: (4) Recreational and amusement facilities of an outdoor nature other than accessory uses, which may be partially or temporarily enclosed on a seasonal basis with approval of City ouncil, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otlierwise. Approved by the Council of the City of Virginia Beach, Virginia, on the Ninth day of April, 1979. - 2 2- Upon motion by Councilman Merrick, seconded by Councilman Eolland, City Council voted to APPROVE the ordinance to amend and reordain Article 7, Section 711 of the Comprehensive Zoning Ordinance pertaining to Use Regulations in the H-2 Resort-Hotel District. Voting: 10-0 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, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Curtis Payne - 2 3- (ITEM II-H.8) ITEM #13553 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Mr. Joel Cooper appeared in favor. Doctor Dudley Cooper, established Seaside Park in 1942, also appeared in favor. Mr. Sam Houston, representing SEVAMP, appeared in opposition. Councilman Riggs made a motion, seconded by Councilman Merrick, to DENY the application of Greenco Corporation for a Conditional Use Permit for a recreational facility of an outdoor nature (amusement park). Voting; 5-5 Council Members Voting Aye: (for denial) George R. Ferrell, Barbara M. Henley, Donald W. Merrick, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay; John A. Baum, F. Reid Ervin, Clarence A. Hollarid, J. Henry McCoy, Jr., Meyera E. Oberndorf Council Members Absent: J. Curtis Payne DUE TO A TIE VOTE, THE ABOVE MOTION TO DENY WAS LOST - 2 4- ITEM #13553(a) On motion by Councilman Holland, seconded by Councilman Baum, City Council voted to DEFER FOR FOUR (4) WEEKS the application of Greenco Corporation for a Conditional Use Permit for a recreational facility of an outdoor nature (amusement park). Ordinance upon application of Greenco Corporation for a Conditional Use Permit for a recreational facility of an outdoor nature (amusement park) on certain pro- perty located on the East side of Atlantic Avenue beginning at the Southern boundary of 31st Street, running a distance of 60 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the Northern property line, running a distance of 60 feet along the Eastern property line and running a distance of 150 feet along the Southern property line. Said parcel contains .2 acre. VIRGINIA BEACH BOROUGH. Voting: 9-1 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: Donald W. Merrick Council Members Absent: J. Curtis Payne This matter was deferred with the stipulation that the applicants meet with the Planning Department for a definite proposal to give a better perspective to the Park. - 2 5- (ITEM 11-I.l.a) ITEM #13554 Attorney Grover C. Wright, Jr., appeared in behalf of the Ordinance Mr. Joel Cooper appeared in favor Doctor Dudley Cooper, established Seaside Park in 1942, also appeared in favor. Mr. Sam Houston, representing SEVAMP, appeared in opposition Councilman Riggs made a motion, seconded by Councilman Merrick, to DENY the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 31st Street to Greenco Corporation. Voting: 5-5 Council Members Voting Aye: (for denial) George R. Ferrell, Barbara M. Henley, Donald W. Merrick, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: John A. Baum, F. Reid Ervin, Clarence A. Holland, J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Absent: J. Curtis Payne DUE TO A TIE VOTE, THE ABOVE MOTION TO DENY WAS LOST. - 2 6 - ITEM #13555 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF 31ST STREET TO GREENCO 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, Greenco Corporation is authorized to erect and maintain temporary encroachments into the City right-of-way of 31st Street. That the temporary encroachments herein authorized are for the purpose of providing amusement facilities and landscaping on 31st Street; and, that such facilities and landscaping 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 encroachments herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Greenco Corporation, and that within sixty (60) days after such notice is given, such encroachments shall be removed from the City right-of-way of 31st Street by Greenco Corporation, their agents or employees; and that Greenco Corporation shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, tht it is expressly understood and agreed that Greenco Corporation shall indemnify and bold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existelice of such temporary encroachments. AND, PROVIDED FURTHER, that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than those specified herein and to the limited extent specified herein, nor to permit the maintenance or construction of any encroachments by anyone other than Greenco Corporation. - 2 7 - AND, PROVIDED FURTHER, that the City of Virginia Beach, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to Greenco Corporation, and collect the cost in any manner provided by law for the collection of local and state taxes; may require Greenco Corporation to remove such temporary encroachments; and, pending such removal, the City may charge Greenco 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 Greenco Corporation and, if such removal shall not be made within the time ordered hereinabove by this Ordinance, the City shall impose a penalty in the sum of One Hundred Dollars ($100) per day for each and every day that such encroachments are 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. DEFERRED FOR FOUR WEEKS: April 9, 1979. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 1979. - 2 8- Upon motion by Councilman Holland, seconded by Councilman Baum, City Council voted to DEFER FOR FOUR (4) WEEKS the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 31st Street to Greenco Corporation. Voting: 9-1 Council Members Voting Aye: (for deferral) Jobn A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: Donald W. Merrick Council Members Absent: J. Curtis Payne - 2 9- (ITEM II-I.l.b) ITEM #13556 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF 39TH STREET TO RIPARIAN INVESTMENT ASSOCIATES 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, Riparian Investment Associates are authorized to erect and maintain temporary encroachments in the City right-of-way of 39th Street. That the temporary encroachments herein authorized are for the purpose of providing certain landscaping on 39th Street; and, that such landscaping shall be erected, planted 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 encroachments herein authorized shall terminate upon notice by the City of Virginia Beach to any partner of Riparian Investment Associates, and that within sixty (60) days after such notice is given, such temporary encroachments shall be removed from the City right-of-way of 39th Street by Riparian Investment Associates, their agents or employees; and, that Riparian Investment Associates shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Riparian Investment Associates shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachments. AND, PROVIDED FURTHER, that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than tbose specified herein and to the limited extent specified herein, nor to i)ermit the maintenance or construction of any encroachments by anyone other than Riparian Investment Associates. - 30 - AND, PROVIDED FURTHER, that the City of Virginia Beach, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to Riparian Investment Associates, and collect the cost in any manner provided by law for the collection of local or state taxes; may require Riparian Investment Associates to remove such temporary encroachments; and, pending such removal, the City may charge Riparian Investment Associates 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 Riparian Investment Associates; and, if such removal shall not be made within the time ordered hereinabove by this Ordinance, the City shall impose a penalty in the sum of One Hundred Dollars ($100), per day for each and every day that such encroachments are 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 Ninth day of A2ril, 1979. Approval is subject to the following provisions: 1. Applicant must receive approval of Fire Chief. 2. Public Access to beach signs placed on property. 3. Visual contact between Atlantic Avenue and the beach should be maintained and, if possible, enhanced, (for this reason, any type of substantial permanent structure in these street ends should be discouraged). 4. Emergency vehicular access to the beach should be maintained or enhanced. 5. Pedestrian access from Atlantic Avenue to the beach should be encouraged, not only legally, but physically. 6. A redesigning of the proposed improvements so that no parking would be permitted within the Southern portion of the turn-around as well as a 12-foot egress/ingress easement which would extend from the Southern portion of the turn-around straight through 39th Street. In this manner, a direct emergency accessway would be created. This would require the relocation of some plantings and paved area. 7. More detailed information is requested in regard to the construction of the wall which would support the pool deck. 8. This encroachment shall terminate upon notice by the City of Virginia Beach to Riparian Investment Associates and within sixty (60) days of this notice, such encroach- ments shall be removed from City right-of-way. - 31- 9 Riparian Investment Associates shall hold the City harmless of all liabilities. 10. Riparian Investment Associates shall sign all necessary encroachment agreements before beginning their project. Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Upon motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to APPROVE the above Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 39th Street to Riparian Investment Associates; subject to the following: 1. Applicant must receive approval of Fire Chief. 2. Public Access to beach signs placed on property. 3. Visual contact between Atlantic Avenue and the beach should be maintained and, if possible, enhanced, (for this reason, any type of substantial permanent structure in these street ends should be discouraged). 4. Emergency vehicular access to the beach should be maintained or enhanced. 5. Pedestrian access from Atlantic Avenue to the beach should be encouraged, not only legally, but physically. 6. A redesigning of the proposed improvements so that no parking would be permitted within the Southern portion of the turn-around as well as a 12-foot egress/ingress easement which would extend from the Southern portion of the turn-around straight through 39th Street. In this manner, a direct emergency accessway would be created. This would require the relocation of some plantings and paved area. 7. More detailed information is requested in regard to the construction of the wall which would support the pool deck. 8. This encroachment shall terminate upon notice by the City of Virginia Beach to Riparian Investment Associates and within sixty (60) days of this notice, such encroach- ments shall be removed from City right-of-way. 9. Riparian Investment Associates shall hold the City harmless of all liabilities. 10 . Riparian Investment Associates shall sign all necessary encroachment agreements before beginning their project. - 32- Vot ing: 10 -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, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Curtis Payne - 3 3 - (ITEM II-I.2.a) ITEM #13557 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF LAKE AVENUE TO HUDGTNS AND ASSOCIATES, INC. 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, Hudgins and Associates, Inc., is authorized to construct and maintain a temporary encroachment into a portion of the right-of-way of Lake Avenue. That the temporary encroachment herein authorized is for the express purpose of installing and maintaining a well and water lines to enable construction of a building unit on the lot and is more particularly described as follows: BEGINNING at a point on the East side of Lake Avenue, 5 feet North of the dividing line be- tween an unnumbered lot and property of the Commonwealth of Virginia (Camp Pendleton), as shown on that certain plat entitled "Croatdn Beach, Princess Anne County, Virginia", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 24, at Page 37, and from said point running Westwardly a distance of 15 feet; thence turning and running Northwardly parallel to the East side of Lake Avenue, a distance of 40 feet; thence turning and running Eastwardly a distance of 15 feet to a point 5 feet South of the dividing line between the said Lot I and Lockheed Avenue; thence turning and running Southwardly along the East side of Lake Avenue, a distance of 40 feet to the point of beginning. PROVIDED, HOWEVER, that such authority and permission so granted shall terminate when the City water lines are installed to service the above-mentioned property, and within sixty (60) days after the date that service is available, said owner, its heirs, assigns and successors in title, shall connect to the City water lines and said temporary encroach- ment will terminate. AND PROVIDED FURTHER, that nothing herein contained shall be construed to relieve said owners, their heirs, assigns and successors in title from liability for any negligence on their part. Adopted by the Council of the City of Virginia Beach, Virginia on the Ninth day of April, 1979. - 3 4 - Upon motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to APPROVE the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Lake Avenue to Hudgins and Associates, Tnc. with the following stipulations, 1. Approval must be obtained from the Health Department for the installation and operation of these wells. 2. The applicant will be required to connect to City water as soon as it becomes available. 3. The homeowners will be responsible for maintenance of the wells. 4. The City will be held harmless from any and all claims for damages or liability. Voting: 10-0 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, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Curtis Payne - 3 5- ITEM #13558 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF SOUTH ATLANTTC AVENUE TO HUDGINS AND ASSOCIATES, INC. 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, Hudgins and Associates, Inc., is authorized to construct and maintain a temporary encroachment into the right-of-way of South Atlantic Avenue. That the temporary encroachment herein authorized is for the express purpose of installing and maintaining a well and water lines to enable construction of a building unit on the lot and is more particularly described as follows: BEGINNING at a point on the East side of South Atlantic Avenue, 5 feet North of the dividing line between Lot 9 and Lot 10, in Block 20, as shown on that certain plat entitled "Croatan Beach, Princess Anne County, Virginia", which plat is duly re- acorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 24, at Page 37, and from said point running Westwardly a distance of 15 feet; thence turning and running Northwardly parallel to the East side of South Atlantic Avenue, a distance of 40 feet; thence turning and running Eastwardly a distance of 15 feet to a point 5 feet South of the dividing line between the said Lot 10 and Lot 11; thence turning and running Southwardly along the East side of South Atlantic Avenue, a distance of 40 feet to the point of beginning. PROVIDED, HOWEVER, that such authority and permission so granted shall terminate when the City water lines are installed to service the above-mentioned property, and within sixty (60) days after the date that service is available, said owner, its heirs, assigns and successors in title, shall connect to the City water lines and said temporary encroach- ment will terminate. AND, PROVIDED, HOWEVER, that nothing contained herein shall be construed to relieve said owner, its heirs, assigns and successors in title from liability for any negligence on their part. Adopted by the Council of the City of Virginia Beach, Virginia, on the N-in t Ii day of April, 1979. - 3 6 - Upon motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to APPROVE the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of South Atlantic Avenue to Hudgins and Associates, Inc. with the following stipulations' 1. Approval must be obtained from the Health Department for the installation and operation of these wells. 2. The applicant will be required to connect to City water as soon as it becomes available. 3. The homeowners will be responsible for maintenance of the wells. 4. The City will be held harmless from any and all claims for damages or liability. Voting: 10 -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, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Curtis Payne - 3 7- (ITEM II-I.2.b) ITEM #13559 AN ORDINANCE TO ALLOCATE TWO PERMANENT POSITIONS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, City Council approved the Fourth Year's funding for the Office of Community De velopment on March 15, 1978; and, WHEREAS, the Office of Community Development requires a permanent employee to prepare cost estimates and coordinate the on- site rehabilitation efforts of the City's Rehabilitation Loan/Grant Program; and, WHEREAS, the Office of Community Development requires a permanent emplovee to counsel and assist low and moderate income persons in the area of rehabilitation and housing selection and to coordinate the necessary relocation efforts of the City's Rehabilitation Loan/Grant 2rogram; and, WHEREAS, Section 2 of the appropriation Ordinance for Fiscal Year 1978-1979 requires City Council approval for new personnel positions not set forth therein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following positions be added to the office of Community Development: COMMUNITY DEVELOPMENT REHABILITATION SPECIALIST COMMUNITY DEVELOPMENT HOUSING SPECIALIST That the positions will be financed from existing funds in the Program's Fourth Year's funding and such funds are hereby authorized to be transferred. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of A il, 1979. apr - 3 8- COUNCILMAN FERRELL LEFT CHAMBERS AT 5:00 p.m. Upon motion by Vice Mayor McCoy, seconded by Councilman Ervin, City Council voted to APPROVE the Ordinance to allocate two permanent positions for the Community Development Block Grant Program, as the funds will come from Community Development Funds. Voting: 8-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: Donald W. Merrick Council Members Absent: George R. Ferrell, and J. Curtis Payne -40 - on motion by Councilman Ervin, seconded by Councilman Baum, City Council voted to APPROVE on FIRST READING the ordinance to appropriate $26,000 for appraisals and title reports of land in the Chesapeake Beach area not covered by the Dune Stabilization Ordinance. Voting: 8-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Roger L. Riggs Council Members Absent: George R. Ferrell, and J. Curtis Payne - 3 9- (ITEM II-I.4.a.1) ITEM #13560 AN ORDINANCE TO APPROPRIATE $26,000 FOR APPRAISALS AND TITLE REPORTS ON LAND IN THE CHESAPEAKE BEACH AREA NOT COVERED BY THE DUNE STABILIZATION ORDINANCE WHEREAS, protection of the dunes and preservation of public beach area is of major concern of the citizens and the City Council; and, WHEREAS, the Administrative Staff and Planning Commission are developing a Dune Protection Ordinance; and, WHEREAS, in order to prevent future problems with those properties it may be necessary for the City to consider acquisition; and, WHEREAS, the City bas the opportunity to acquire such parcels in the Chesapeake Beach area; and, WHEREAS, a detailed appraisal and title report of each parcel is needed in reaching a decision on the acquisition of such lots; and, WHEREAS, the appraisals and title reports will cost a total of $26,000 or $400 per parcel. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. THAT funds in the amount of $26,000 be appropriated from the General Fund balance to the Department of Public Works for the necessary appraisals and title reports. ADOPTED by the Council of the City of Virginia Beach, Virginia, on the day of I 1 9 7 9. - 41 - (ITEM II-K) ITEM #13561 OLD BUSINESS Vice Mayor McCoy indicated that Friday, April 6th, two ladies from the Navy Housing on Princess Anne Road visited him to see if any- thing could be done with the problems they are having. Crime has become a major problem in the area. The ladies indicated they have discussed this problem with the Navy; and, now are asking the City if they could help in providing a recreational facility for the children and families. It was suggested the members of Council on the Military Liaison Committee meet with the Armed Forces personnel on the Committee to see if they can find a solution to the problem. The Mayor requested the City Manager to set up the meeting and inform the members as to the date and time. ITEM #13562 Councilwoman Oberndorf indicated that @Irs. Vivian Whitehurst had written each Council Member regarding food handlers licensing. Councilwoman Oberndorf asked the City Attorney if the City was empowered to have any type of ordinance over and above what is required by the State for food handlers; and requested the City Attorney to study Mrs. Whitehurst's letter, her request and the newspaper article attached to her letter to see if this was appropriate for Council to discuss this matter. ITEM #13563 Councilman Ervin indicated that at the North end of the Beach citizens are concerned over the fact that after the Dune Ordinance was adopted someone seriously violated the ordinance, and the City has done nothing in the way of enforcing it. Councilman Ervin requested a status report on this matter. ITEM #13564 Councilman Ervin indicated that it was his understanding that the City Manager was preparing for the new water rates in July, and stated he had received calls from a husband andwife, who are very conservation minded, regarding their water bills. They do not use the minimum amount of water per month (5,000-10,000) and because of billing costs are being billed for using the minimum amount of water. Councilman Ervin suggested this could be good public relations if on an annual basis take the total water consumption and adjust their water bill (once a year - if they have used less than the minimum). The City lilanager indicated he would recommend that when a rate study is done, eliminate the minimum to a bare minimum to cover just administration; however, the City @lanager did further indicate he would look into Councilman Ervin's suggestion and report back to him. 4/ 9/ 7 9 - 4 2- ITEM #13565 APPOI@'@TMENTS On motion by Councilman Baum, seconded by Councilman Merrick, City Council voted to reappoint @Ir. Oscar Northern, Jr., for a term expiring December 31, 1981; and further voted to approve the correct name of the Board - BOARD OF APPEALS. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, Patrick L. Standing Council Members Voting Na@7: None Council Members absent: George R. Ferrell, and J. Curtis Payne ITEM #13566 On motion by Councilman Merrick, seconded by Councilman ilolland, City Council voted to adpoint Mrs. David Sarrett to the COMMISSION OF THE ARTS AND HUMANITIES to fill the unexpired term of Mrs. K. K. Wallace, Jr., expiring June 30, 1980. Voting: 9-0 Council Members Votini, Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: Geor.-e R. Ferrell, and J. Curtis Payne 4/ 9/ 7 9 - 4 3- ITE@A #13567 On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to appoint/reappoint the following to the TRANSPORTATION SAFETY COMMISSION (correct name of the Commission): *J. Roy Alphin -term expiring October 30, 1980 **Vice Mayor J. Ilenry McCoy -tenure of election to Council representing elected Council Members **Floyd E. lvaterfield, Jr. -term expiring October 30, 1981 representing non-elected Members Voting: 9-0 *reappointed **appointed Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara @l. Henley, Clarence A. Ifolland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: George R. Ferrell, and J. Curtis Payne ITEM #13568 On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to reappoint the following to the LIBRARY BOARD, for three (3) year terms, beginning March 1, 1979, and expiring February 28, 1982: Mrs. Rita Vellines Mrs. Margie Shirley Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, J. Henry lAcCoy, Jr., Donald W. Merrick, Ileyera E. Oberndorf, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None 4/ 9/ 7 9 4 4 - Council Members absent: George R. Ferrell, and J. Curtis Payne ITEM #13569 Mayor Standing reappointed the following to the @,IAYOR'S COMMITTEE ON THE AGING, for terms of three (3) years, beginning July 1, 1979, and ending June 30, 1982: Fred J. Brecht @Irs. A. A. Flynn D. Williams Bridges Mrs. R. H. Owen Mrs. John E. Ewing Mr. Wallace H. Oxley ITEM #13570 On motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to reappoint the following to the VIRGINIA BEACH MOSQUITO CONTROL COMNIISSIOTI: KEMPSVILLE-BAYSIDE Harry E. Paul - term ending September 30, 1980 Frank F. Matthews term ending September 30, 1982 VIRGINIA BEACH-LYNNHAVEN Leon Johnson term ending September 30, 1983 PRINCESS ANNE-PUNGO E. R. Cockrell, Jr. term ending September 30, 1980 Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: George R. Ferrell, and J. Curtis Payne 4/ 9/ 7 9 - 4 5 - ITEM #13571 On motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to reappoint Mrs. Ruby Christian to the PERSONNEL BOARD for a term three (3) years, beginning March 1, 1979, and ending February 28, 1982. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara NI. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald @V. Merrick, Meyera E. Oberndorf, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: George R. Ferrell, and J. Curtis Payne ITEM #13572 On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to appoint the following to the SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP): Mayor Patrick L. Standing Mr. Benjamin Moore - additional representative Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara @A. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, -Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: George R. Ferrell, and J. Curtis Payne 4/ 9/ 7 9 - 4 6 - ITEDI #13573 On motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to retain the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION, and the EXECUVITE COMMITTEE: and further voted to do away with the following sub-committees: Continuing Transportation Study Policy Committee Technical Committee Planning Advisory Committee (PAC) LAC Coordinator (Criminal Justice Advisory Committee) Regional Advisory Committee on Airports Regional Advisory Committee on Water Pollution Regional Advisory Committee on Solid Waste Regional Advisory Committee on Regional Information System Census Statistical Areas Committee (CENSAC) Coastal Zone Management Advisory Committee (CZNI) Regional Advisory Committee on Open Space Census Coding Supervisors Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E, Oberndorf, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: George R. Ferrell, and J. Curtis Payne 4/ 9/ 7 9 - 4 7- ITEM #13574 On motion by Vice Mayor McCoy, seconded by Councilman Baum, City Council voted to appoint Doctor Robert T. Alosby, Jr., to the TIDEWATER COMMUNITY COLLEGE BOARD for a term of four (4) years, beginning June 1, 1979 and expiring @lay 31, 1983. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: George R. Ferrell, and J. Curtis Payne ITEM #13575 On motion by Councilman Baum, seconded by Councilman @,lerrick, City Council voted to reappoint/appoint the following to tbe TIDEWATER STADIUM AND RECREATION AUTHORITY: *Vice Mayor J. Henry McCoy, Jr. - two (2) year term, ending December 31, 1980 **Councilman F. Reid Ervin - three (2) year term, ending December 31, 1981 Voting: 9-0 *reappointed **appointed Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Ilenley, Clarence A. liolland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Rig.-s, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: George R. Ferrell, and J. Curtis Payne 4/ 9/ 7 9 - 4 8- ITEM #13576 On motion by Councilman Merrick, seconded by CouncilTian Holland, City Council voted to eliminate the TRANSIT DEVELOPMENT STUDY CITIZENS ADVISORY COMMITTEE in the Boards and Commissions of the City of Virginia Beach. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs Patrick L. Standing Council Members Voting Nay: George R. Ferrell, and J. Henry McCoy, Jr. ITEM #13577 Councilman Riggs made a motion, seconded by Councilman Merrick, to appoint Mr. E. T. "Joe" Buchanan to the WETLANDS BOARD to fill the unexpired term of David Stormont, ending September 17, 1979. THE FOLLOWING COUNCIL MEMBERS LEFT CHAMBERS AT 5:40 p.m. Councilman John A. Baum Councilman Clarence A. Holland Vice Mayor J. Ilenry McCoy, Jr. MAYOR STANDING LEFT COUNCIL CHAMBERS AT 5:42 p.m. In the absence of a quorum, no action was taken on the above motion. For lack of a quorum, meeting urn :50 M. City of Virginia Beach, Virginia April 9, 1979 h 4/ 9/ 7 9