The URL can be used to link to this page

Home My WebLink AboutMARCH 26, 1979 CITY OF VIRGIIII BEICI MUNICIPAL CENTER City" VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, At L.,g, CLARENCE A. HOI.LAND, M.D., B.y,id@ B.,..gb VICE MAYOR J. HENRY M,COY JR., D. D.S., K-p,@ill, B.,..gh DONAID W. MERRICK, Ly@@h.,- B.,..gh JOHN A. BAUM, B.,.,gb AIEYERA F. OBERNDORF, Al L.,g@ F. REID ERVIN, Al L.,g, 1. CURTIS PAYNE, P,i@,@,, A@@, B.,@.gb GEORGE R. FERRELL, At L,,g, ROGER L. RIGGS, Vigi@i. B@.,h B.,..gb BARBARA M. HENLEY, P,@g. B.,o.gh RUTH liODGES SMITH, City Cl,,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: Monday, 26 March 1979 - 5:30 p.m. A. CALL TO ORDER - MAYOR PATRICK L.-STANDING B. ROLL CALL OF COUNCIL C. MOTTON TO RECESS INTO TNFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Dune Protection Ordinance: Discussion of proposed ordinance. 2. Southeastern Public Service Authority (SPSA): Discussion of question of whether payments in lieu of taxes should be made to those local governments in whose area Authority-owned facilities are located. 3. Rudee Inlet; Report on maintenance of Rudee Inlet. 4. Water Rates: Discussion of Norfolk water coritract. 5. Mosquito Control: Discussion of tax rates. ITEM II FORMAL SESSION: Monday, 26 March 1979 - 7:00 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 March 19, 1979. E. RESOLUTIONS: None F. PUBLIC HEARING: None G. CONSENT AGENDA: (All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. if discussion is desired, that item will be removed from the Consent Agenda and considered separately.) 1. Letter from the City Manager recommending that City Council adopt a Resolution authorizing the City Manager to enter into an agreement with the Norfolk and Southern Railway Company near Oceana pertaining to privilege to construct and maintain an 8-inch Pi@@eline crossing upon their property. 2. Letter from the City Manager recommending that City Council approve the proposed Bylaws and Criteria for funding of the Virginia Beach Arts and Humanities Commission. 3. Letter from the City Manager recommending that City Council approve the following Bingo/Raffle permits: Cub Scout Pack 424 Raffle Red Wing Lake Ladies' Golf Association Bingo Seahawk Booster Club Virginia Beach Junior High School Raffle Children"s Hospital of The King's Daughters Bingo/Raffle Aragona-Pembroke Little League, Inc. Bingo 4. Letter from the City Manager recommending that City approve the request of Mr. John T. Atkinson, City Treasurer, for tax refunds in the amount of $4,216.53. H. PLANNING ITEMS: 1. RECOMMENDATIONS: a. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Bruce B. Gallup and Frank T. Williams for a subdivision variance on a 53.53-acre site located on the north side of Nawney Creek Road, east of Nawney Creek Bridge (Pungo Borough) b. Letter from the City Manager transmitting the recommenation of the Planning Commission for approval of the application of Windsor-Holland Company for a change of zoning from R-6 Residential District to A-1 Apartment District on a 2.6 acre parcel, a change of zoning from A-1 Apartment Dis- trict to PD-H Planned Development-Housing District on a 17.2 acre parcel, and a change of zoning from R-6 Residential District to PD-H Planned Develop- ment-Housing District on a 115.5 acre parcel. These parcels are located on the west side of Holland Road, north and south of the intersection of Stoneshore Road (Princess Anne Borough). C. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of The Rock Church for a conditional use permit for a girls' home on a .33 acre parcel located at the southeast intersection of Kempsville Road and Milburne Drive (Kempsville Borough). d. Letter from the City Manager transmitting the reconimendation of the Planning Commission for denial of the application of Creative Displays, Inc., for a conditional use permit for an out- door advertising signboard on a 1.9 acre parcel located at the northeast intersection of Bonney Road and Happy Street (Lynnhaven Borough). e. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Willis Realty for a change of zoning from B-2 Community- Business District to R-6 Residential District on a 1.32 acre parcel located on the east side of Thalia Road, north of Virginia Beach Boule- vard (Kempsville Borough) This change was orginally for a change to R-9 Residential Town- house District which was denied by Council on February 12, 1979. City Council agreed on February 26, 1979 to reconsider this modified request. 2. ORDINANCES: a. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of an ordinance to amend and reordain Article 10, Section 1002 of the CZO pertaining to yard requirements in the I-1 Light Industrial District. b. Letter from the City Manager recommending that City Council approve an ordinance to amend and reordain Section 5.8 of the Site Plan Regulations pertaining to right-of-way improvements. C. Letter from the City Manager transmitting the re--omendations of the Planning Commission and tbe Viewers for approval of the application of Booker T. and Lenora Smith for the closure of a portion of Thompkins Lane (Kempsville Borough). d. Letter from the City Manager transmitting the recommendations of the Planning Commission and the Viewers for approval of the application of The City of Virginia Beach for the closure of a portion of Barberton Drive (Virginia Beach Borough). e. Letter from the City Manager transmitting the recommendations of the Planning Commission and the Viewers for approval of the application of Jack Weller for the closure of a portion of Vista Circle (Lynnhaven Borough). f. Letter from the City Manager transmitting the recommendations of the Planning Commission and the Viewers for approval of the application of Albert N. Henley and Vivian V. Henley, Elwood Grant and Verna M. Grant, Elwood Waterfield, Sr. and Loyalty Company, Inc., for the closure of a portions of Second Street, First Street, and River Avenue (Pungo Borough). g. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of an ordinance authorizing the pro- tection of the sand dunes with the provisions of a use permit (Article 16 of the Comprehensive Zoning Ordinance - Coastline Management Ordinance) ORDINANCES 1. ORDINANCES IN GENERAL: None 2. GRANTS: None 3. APPROPRIATIONS: a. Second Readings: 1. City Council is requested to approve on second reading the following ordinances: a. An ordinance to accept $1,187,689 from the Southeastern Tidewater Area Manpower Authority and to appropriate $759,191 of these funds. b. An ordinance to accept $1,018,801 from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds. 2. City Council is requested to approve on second reading an ordinance to appropriate $25,000 for the re-codification of the Code of the City of Virginia Beach, Virginia. 3. City Council is requested to approve on second reading an ordinance to appropriate funds in the amount of $39,700 for a modular relocatable building for the Department of Mental Health and Mental Retardation. 4. City Council is requested to approve on second reading an ordinance to accept a grant totaling $63,927 from the Division of Justice and Crime Prevention and to appropriate these funds. b. First readings: 1. Letter from the City Manager recommending that City Council approve an ordinance to appropriate $30,000 for the acquisition of Woodstock Cove Park, (Lot 20, 8.5 acres), to be developed as a park. 2. Letter from the City Manager recommending that City Council approve an ordinance to appropriate $60,000 for dredging of Rudee Inlet, and authorize the City Manager to enter into the necessary agree- ments with a commercial dredging company to per- form the dredging operation. 3. Letter from the City Manager recommending that City Council approve an ordinance to appropriate $26,000 for appraisals and title reports of land in the Chesapeake Beach area not covered by the Dune Stabilization Ordinance. 4. Letter from the City Manager recommending that City Council approve an ordinance to provide additional positions and necessary appropriations for essential City operations in the amount of $39,906 for the Police Department, Fire Department and for Correctional Officers. C. BIDS: 1, Letter from the City Manager recommending that City Council approve the low bid of Asphalt Roads & Materials Company, Inc., in the amount of $878,176.81, for Broad Bay Manor, Division 1, Road "A" and Utilities, and further, authorize the City Manager to enter into the necessary agreements to implement this project. d. CTTY CODE AMENDMENTS: 1. Letter from the City Manager recommending that City Council amend and reordain Section 2-47.1 of the Code ofthe City of Virginia Beach relating to settlement and adjustment of claims. j. ADDITIONAL ACTION ITEMS: None K. OLD BUSINESS: None L. NEW BUSINESS: 1. Mr. Donald Rhodes appearing before City Council regarding Wilhoit Site Plan. m. ADJOURNMENT: 1. MOTION TO ADJOURN Minutes of the Honorable Citv Council OF THE CITY OF VIRGI14IA BEACII, VIRGIIIIA March 26, 1979 The regular meeting of the Council of the Citv of Virginia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, Marcli 26, 1979, at 5:30 p.m. Council Members Dresent: Jolin A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, J. lienry McCoy, Jr., Donald W. Ilerrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council members absent: Clarence A. liolland I'.4FOP-I,IAL SESSION ITEM #13472 Standing entertained a motion to permit Colincil to conduct an I-@@FOR.MAL SESSIOII to be followed by an EXECUTIVE SESSIO@T for the pur- pose of discussing the following: Discussion or consideration of employrqent, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees o@' any public body. (Personnel Matters) 2. Discussion or consideration ol- the condition, acquisition or use of real prop.-rty for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property) 3. Consultation with legal counsel and briefing by staff members, consultants, or attornevs per- taining to actual or potential litiga-@ion, or other legal matters within the jurisdiction of the public body. (Legal Matters) On motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to proceed into tlie EXECUTIVE SESSION followina the INFOR,NlAL SESSION. Voting: 10-0 Council Members Votinc7 i%ye: John A. Baum, F. Reid Ervin, Ceorge R. Ferrell, Barbara M. fienley, J. Henry McCoy, Jr., Donald ;V. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standinq 3 / 2 67 9 Council Members Voting Nay: None Council Members Absent: Clarence A. Holland DUNE PROTECTIO@L ORDINANCE ITEM #13473 The City Manager indicated, as requested by Councilman Ervin, he had forwarded the three (3) ordinances which have been discussed with regards to DUNE PROTECTION. There is one ordinance from the Tidewater Home Builders Association not received in time to be submitted to Council; however, it was the understanding of the City Manaqer that Members of Council received copies of the proposed ordinance. Robert J. Scott, Planning Director, appeared on this matter, and indicated there are seven (7) important points relating to this ordinance, which recently was recommended for approval by the Planning Commission: 1. The ordinance began in September of 1978, with Council requesting an ordinance dealing with the protection of the dunes. The ordinance was drafted and forwarded to the Planning Commission, and in January of 1979, the Planning Commission Cleferred it for sixty (60) days in order for the staff to evaluate a number of very valid questions. The ordinance was presented to the Planning Commission for study, who in turn made several iriportant changes; consequently, what Council has before them is the third (3rd) ordinance on DUTQE PROTECTION. This ordinance is NOT linked with Senate Bill 403. 2. In keeping with the opinion of the State's Attorney General, all localities have the right and the authority to adopt such ordinances as elements of their zoning ordinance for the purpose of flood protection. 3. The City has a variety of coastal situations, both natural and man-made. 4. This ordinance, as approved by the Planning Commission, incorporates the Conditional Use Permit approach. it provides the Planning Cominission and City Council the necessary flexibility to deal with various elements of coastal protection as they appear throughout the thirty- eight (38) miles of coastline. It would also minimize or eliminate the Board of Zoning Appeals. No longer would it be an administrative action which sets the conditions upon which the developer must comply; it would be a legislative action as set forth in the Conditional Use Permit approval. 3 / 2 67 9 - 3- 5. It would create an "Overlay or Regulatory District", sirqilar to the ilistorical and Cultural District. it would create a district 500 feet wide, along the coast only, from Little Creek to Little Island. It would in-clude all primary dunes (all primary dunes are with- in the 500 feet). 6. The purpose is to minimize the removal of vegetation and excavation of sand. The proposed ordinance allows for a number of exemptions, which has not changed from the original ordinance drafted several months ago. 7. The ordinance, as approved by the Planning Comriission, includes the clause which "provides for payment of com- pensation". The City Manager noted that on the FORMAL AGENDA there is an ordinance to appropriate $26,000 for appraisals and title reports of land in the Cliesapeake Beach area not covered by the Dune Stablization ordinance. The City Manager further indicated it's been the City's concern to try to preserve the dunes and to require the builders of pro- perties to build behind the dunes. Several Council Members questioned Section 1607, Payment of Compensation, which states: "In any case or cases where it is judicially determined that this ordinance as applied deprives any property owner of the right to reasonable economic use of his property, which use would otherwise be lawful, tle landowners shall be entitled to just compensation for his land, which just compensation shall be a charge against and payable by the City of Virginia Beach". The City Attorney noted that the Section will be discussed in the EXECUTIVE SESSION. This matter will be voted on in the FORMAL SESSION. SOUTHEASTERN PUBLIC SERVICE AUTHORITY ITEM #13474 The City Mana@er indicated that as Council is aware meetinqs are still being held to see if SPSA was going to be a successful program or not. SPSA is an Authority whereby payments in lieu of taxes could be made to those local governments in whose area Authority-owned facilities are located. The City of Virginia Beach will receive $1,900 (Authority-owned transfer station); Portsmouth, $67,000; Norfolk, $3,800; Suffolk, $100; Isle of Wright, $132; Southampton, $155. SPSA requested this be brought before the local aoverning bodies to ask the Council's opinion as to any objections they may have in allowina the com- pensation of the stipend fee and charges SPSA would noryqally pay in lieu of taxes. The City is charging the State for all the State-owned property in Virginia Beach; Seashore State Park/ Camp Pendleton (excluding what the City leases). The City is charging the State what the normal tax-take would be if it were not tax-exempt. 3 / 2 67 9 - 4- RUDEE INLET ITEM #13475 The City Manager indicated he received word from C. Oral Lambert, Director of Public Works, that he had talked to Mr. Cockrell, of Cockrell Engineering, regarding the dredging of Rudee Inlet. The City Manager had Mr. Lambert inform Mr. Cockrell he could proceed with the work. It will be approximatelv three (3) days before the firm will be in Virginia Beach. The City Manager noted that the Erosion Commission was still working on the problem, and if they are successful the City will have to pay Mr. Cockrell 60% of $35,000, mobilization fee. WATER -,@TES ITEM #13476 The City Manager pointed out to Council that he had meetings with the City of Norfolk, and our Director of Public Utilities to determine if the water rate increase imposed by the City of Norfolk is nee(lecl; the increase is justified and will become effective on AI)ril 13, 1979. In order to notify the public of this proposed rate increase, notices are to go out with water bills iminediately. 3 / 2 6 / 7 9 - 5- FORD4AL SESSION ITEM #13477 Monday, March 26 7:00 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, J. Curtis Payne, Roqer L. Riggs, and Patrick L. Standing Council Members absent: Clarence A. Holland INVOCATION was given by the City Clerk diae to the absence of Reverend Beverly D. Tucker, Old Donation Episcopal Church. PLEDGE OF ALLEGIANCE (ITEM II-DL) ITEM #13478 on motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to approve the minutes of the Regular meeting of March 19, 1979, as the minutes had been previously distributed to Council for their consideration; and further voted to approve a correction to the minutes of February 26, 1979, item #13356, which should read "Lot 1 to be rezoned B-4 Resort-Comm-ercial District", rather than "remain R-8 Residential District". Vote: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. R4ggS, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 3 2 67 9 - 6 - ITEM II-D.2 ITEM #13479 Councilman Riggs informed Council that Mr. L. Charles Burlege had presented to him on Friday afternoon (March 23, 1979) the deed to the property on 24th Street. The Coast Guard Station will be placed on that site. ITEM II-G.1 ITEM #13480 CONSENT AGENDA The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chanibers of the Administration Building of the City of Virginia Beach on the Twenty-Sixth day of March, 1979. On motion by Vice Mayor McCoy, and seconded by Councilwoman Oberndorf, the following Resolution was adopted: R E S 0 L U T I 0 N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the City Manager is hereby authorized to execute on behalf of the City of Virginia Beach a certain license agreement, a copy of which is attached hereto, with the Norfolk and Southern Railway Company pertaining to privilege to construct and maintain an 8-inch pipeline crossing upon the property of Norfolk and Southern Railway Company at or near Oceana, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979. - 7 - On motion bv Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Councii voted -@o adopt tlie above resolution authorizing the City Manager to enter into an aqreement with the 14orfolk and Southern Railway Company near Oceana pertaining to privilege to construct and maintain an 8-inch Pipeline crossing upon their property. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henlev, 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: Clarence A. Holland SEE ATTACHED. 3 2 67 9 -8- IT IS AGREED between NORFOLK SOUTHERN RAILWAY COMPANY, a corporation of the State of Virginia and North Carolina, hereinafter styled Company; and, CITY OF VIRGINIA BEACH, Virginia, a municipal corporation of the State of Virginia, hereinafter styled Licensee: 1. COMPANY grants unto Licensee, insofar as its title enables it so to do, the license, as a personal privilege and not transferable without the written consent of Company, to construct and maintain an 8-inch sewer pipeline crossing upon the right-of-way or property (hereinafter called "property") of Company, at or near OCEANA, Virginia; the aforementioned installation, hereinafter called "Facility" being that identified and located substantially as shown in red color on annexed print of Drawing marked Exhibit A. Licensee will pay the sum of $50.00 as a consideration for the license hereby granted. Licensee further agrees to pay unto Company for said privilege a rent of - - - NONE - - - - - - - - - - - - - DOLLARS ($ ---- 0---- ) per annum, payable annually in advance. Licensee further agrees to reimburse Company, upon bill rendered, for any and all expenses which may be incurred by Company, resulting from or in connection with any such special engineering studies, field supervision or flagging protection as Company may find necessary to perform in connection with the installation or maintenance of said Facility. 2. Licensee will construct and maintain Facility, at its expense, in such manner as will not interfere with operations of Company or endanger persons or pro- perty of Company, and in accordance with (a) plans and specifications (if any) shown on said print and any other specifications reasonably prescribed by Company, (b) applicable regulations prescribed by Statute or by governmental authority, and (c) applicable specifications adopted by the Association of American Railroads when not in conflict with plans, specifications or regulations mentioned in (a) and (b) above. Licensee shall give the Division of Superintendent of Company at least 72 hours notice of Licensee's intention to begin construction of said Facility. Licensee will, at its expense, make such changes in location, grade or construction of Facility, as may be, at any time, required by Company. 3. Whenever cathodic protection is installed, Licensee will notify Company prior to its being placed in service in order that tests may be conducted on Company's signal and communications systems for possible interference. If said Facility causes degradation of the signal or communications facilities of Company, Licensee, at its expense, will relocate the cathodic protection and/or provide such necessary protection and/or corrective equipment as may be necessary to eliminate said interference to the satisfaction of Company. This provision applies to the existing signal and communications equipment of Company and to any said signal or communications equipment which Company may install in the future. 4. If Facility endangers or interferes with operations of Company, or if Licensee is in default hereunder and does not remedy such default or condition after notice by Company so to do, this license may be revoked by Company and Licensee shall, at its expense, upon written notice by Company, and in any event upon termination of this agreement by either party as hereinafter provided, remove Facility from Company's property and restore said property to its condition existing prior to construction of Facility. If Licensee fails to remove Facility, Company may do so at Licensee's expense. If an emergency arises which in Company's judgment requires immediate repairs to Facility, Licensee will, upon request, do the necessary work, or failing so to do, Company may make such repairs at Licensee's expense. 5. Said Facility shall be constructed and maintained at the sole risk of Licensee and Licensee agrees, without regard to negligence on the part of Company or any other corporation controlling, controlled by or under common control with Company, to save Company or any other corporation controlling, controlled by or under common -9- control with Company, wholly harmless from and against all claims, damages, expenses and liability (whether or not such liability has been judicially determined) for loss of life, personal injury or damage to property, resulting from or in any manner attributable to the construction, maintenance, use, operation or presence of the Facility, or to the presence of the equipment or employees of Licensee, on Company's property. 6. This agreement shall take effect as of the day of 19 and may be terminated by either party hereto at any time by 60 days' written notice to the other of such termination. EXECUTED in duplicate, each part being an original, as of NORFOLK SOUTHERN RAILWAY COMPANY, CITY OF VIRGINIA BEACH, VIRGINIA, By By Vice President Mayor FJS:ds 12/12/78 66417 Ae,4Al 00' elloo @"Oo C4 IrO SAN.-f,-A,46,r IVI4 V,-Ivrf /VO. lvl,4 1-121'r 1YI4 9,0 -r. /d.@' C-Asr /@/Y 57'@l- fS-A 1 15' A607,Y --/VOf (7,,4@- 41VSI.4,'l / I'%7,1 r -13 e,, S @,4 6 @'. Ao S O'SES' 0. U0. R-414 7'0 rco C,- A V,4 Cq-rlIV6., lyl,4 6uqv,, rlvcr VIA COA 7-11YG Ale,(,oro .61IRY! rfo.4DwAy olre-,qrs) Nlf NOAle IVOIVS JACt,,VG 7 Oc 'O C-,PO@/ 47---@ oe _I, '41Y IV(y 1-0 @C &n '41 @ 1,9 v ,47ZO@ r4lvc@s. Al , (JR, MARSH AND BASGIER INCORPORATED, P.C. .'EXHIBIT A ENGINEERS-SURVEYORS-PLANNERS 101 NORTH PLAZA TRAIL VIRGINIA BEACH, VIRGiflIA 23452 -11- ITEM II-G.2 ITEM #13481 BY-LAWS VIRGINIA BEACH ARTS AND HUMANITIES COMMISSION ARTICLE I Name The name of this organization shall be the Virginia Beach Arts and Humanities Commission ARTICLE II Purpose The purpose of this organization shall be: 1. To serve in an advisory capacity to the Virginia Beach City Council, 2. To encourage the development of programs, in the Arts and Humanities in the City of Virginia Beach, 3. To bring into closer cooperation all the member organizations of this organization for the benefit of all the citizens of Virginia Beach, 4. To provide information and assistance to members when f e a s i b 1 e , 5. To serve as the coordinating group through which shall be channeled all City funds appropriated to organizations promoting the Arts and Humanities, and 6. To coordinate efforts to secure federal and state funding for programs in the Arts and liumanities. ARTICLE III Membership Section 1. Classification a. Commissioners. There shall be eleven commissioners appointed by the City Council of Virginia Beach. To be eligible for appointment, each Commissioner shall maintain a primary residence in the City of Virginia Beach and shall not concurrently hold membership on the corporate board of any arts group in the State of Virginia. Each Commissioner shall serve a term of two years or until his successor is appointed. The terms of each Commissioner shall begin at the close of the annual meeting on July 1 of the year in which he is appointed. Prior to June 1, the City Council of Virginia Beach will appoint six Commissioners in the even-numbered years and five Commissioners in the odd- numbered years. Vacancies in Commissioner posts shall be filled by the City Council of Virginia Beach. Each Commissioner shall have one vote. 1 2 - b. Delegates. 1. Voting delegates. Upon admission of membership by the Commission, each organization, the majority of whose programs and/or services are in the City of Virginia Beach, shall be represented by one delegate who shall have one vote. 2. Non-voting delegates. Upon admission to the Commission, each organization, the majority of whose programs and/or services are not in the City of Virginia Beach, shall be represented by one delegate who has no vote. Section 2. Admission Candidates for membership shall submit an application to the Membership Committee which shall present the application to the Commission for approval. A member organization must qualify as a registered non- profit tax-exempt group which has as a stated purpose the furtherance of the Arts and Humanities through the provision of programming and/or services designed to benefit the citizens of Virginia Beach. Section 3. Resignation and Expulsion a. Resignation. A delegate group may resign from this Commission provided written notice is submitted to the Executive Committee. b. Expulsion. A delegate group when it is found to no longer meet the requirements for membership may, by 2/3 vote of the Commission, be required to relinquish membership. ARTICLE IV Officers Section 1. Designation a. The Chairman, Vice-Chairman, and Treasurer shall be from among the Commissioners. The Secretary may be from the Commissioners or from the voting delegates. b. The Executive Director shall be a City employee appointed by the City tianager. Section 2. Duties a. Chairman. The Chairman shall preside at all meetings of the Commission and of the Executive Committee; shall be ex-officio a member of all committees except the tlominating Committee; upon approval of the Executive Committee, shall appoint all Standing and Special Committees; shall with the Treasurer, cosign all checks. b. Vice-Chairman. In the absence or inability of the Chairman, the Vice- Chairman shall perform the duties of that office. In the case of a vacancy in the office of Chairman, the Vice-Chairman shall automatically become the Chairman for the unexpired portion of the term. 1 3 - C. Secretary. The Secretary shall keep an accurate record of all meetings of the Commission and of the Executive Committee; shall send copies of the minutes of Commission meetings and notices of meetings to the Commission members;: shall be the custodian of all the records of the Commission not specifically otherwise provided for in these by-laws; shall keep an attendance record of all meetings of the Commission and the Executive Committee. d. Treasurer. The Treasurer shall be custodian of all Commission funds; shall disburse funds by check, cosigning with the Chairman, only when authorized to do so by the Commission or the Executive Committee; shall close the books annually two weeks prior to the Annual Meeting and submit the records to the Budget and Finance Committee for audit; shall serve as Chairman of the Budget and Finance Committee. e. Executive Director. The Executive Director shall act as a liaison between this Commission and the City of Virginia Beach and shall be ex-officio a member of the Commission but shall have no vote. Section 3. Election a. Nominating Committee A Nominating Committee of three members of the Commission shall be elected by the Commission at the May meeting. This Committee shall meet immediately at the close of the meeting at which elected to elect its Chairman. This Committee shall submit to the membership one month prior to the Annual Meeting the name of one candidate for each office to be filled and the names of three delegate members to serve on the Executive Committee. b. Election The elective officers and three delegate members of the Executive Committee shall be elected at the Annual Meeting in July. C. Term of Office The term of office shall be one year or until the successor is elected. The term of office shall begin at the close of the meeting at which elected. No member may serve more than two consecutive terms in the same office. An officer having served a half term or more shall be considered to have served a full term. 1 4- d. Vacancy A vacancy in any office or the Executive Committee, except that of Chairman, shall be filled by the Executive Committee for the unexpired portion of the term. ARTICLE V Meetings Section 1. Regul ar a. Unless otherwise ordered by the Commission or the Executive Committee, regular meetings shall be held in May and July and not less than six months annually. b. A regular meeting in July shall be known as the Annual Meeting and shall be for the purpose of electing officers, electing delegate members of the Executive Committee, receiving written reports of officers and committees, and for any other business that may arise. C. A quorum shall be 30% of the voting membership. Section 2. Special a. Special meetings may be held at the call of the Chairman and shall be called within 30 days of presentation of written request of five members of the Commission. b. A quorum shall be 30% of the voting membership. ARTICLE VI Executive Committee Section 1. Designation The elected officers of the Commission, three elected voting delegates, and the immediate past chairman shall constitute the Executive Committee. Section 2. Duties The Executive Committee shall transact all necessary business between meetings of the Commission and shall determine the amount of bond for each treasurer, the cost of which shall be borne by the City of Virginia Beach. Actions of the Executive Committee shall be reported to the Commission. ARTICLE VII Standing Committees Section 1. Budget and Finance Committee a. This committee shall consist of the eleven Commissioners. The treasurer shall serve as chairman of this committee. - 1 5- b. Duties. The Budget and Finance Committee shall require from qualifying groups which apply for funding financial data, pertinent information, and their proposed budget annually at the specified time in such form as the Committee prescribes; shall be responsible for reviewing requests for funding and financial statements submitted by the groups, shal 1 submi t to the City Manage r ' s Offi ce budget recommendations for the ensuing fiscal year; shall audit records of the Virginia Beach Arts and Humanities Commission and submit the report at the Annual Meeting. Section 2. Membership Committee a. The Commission Chairman, with the approval of the Executive Committee, shall appoint a Membership Committee of not less than five members, including one member of the Budget and Finance Committee. b. Duties. This committee shall process applications and make recommendations of the Commission with regard to membership of groups and shall evaluate annually all organizations for continued eligibility for membership and make recommendations to the Executive Committee. Section 3. Public Relations Committee a. The Commission Chairman, with the approval of the Executive Committee, shall appoint a Chairman of Public Relations. The Public Relations Chairman shall select his own Committee. b. Duties. This committee shall be responsible for promotional activities of the Virginia Beach Arts and Humanities Commission. ARTICLE VIII Finance The fiscal year shall be July I through June 30. ARTICLE IX Parliament ry Authority The rules contained in Robert's Rules of Order, Newly Revised, shall govern the Arts and Humanities Commission in all cases to which they are applicable and in which they are not in- consistent with these by-laws or any special rules the Arts and Humanities Commission may adopt. ARTICLE X Amendments Proposed amendments shall be presented to the voting membership by the Executive Committee. These by-laws may be amended by a 2/3 vote of voting members present and voting, provided previous written notice has been given. - 1 6 - PROPOSED VIRGINIA BEACH ARTS AND HUMANITIES COMMISSION CRITERIA FOR FUNDING Introduction As the agency designated by the Virginia Beach City Council to serve as the coordinating group through which City-appropriated funds for the arts and humanities should be channeled, the Commission believes that a criteria for funding statement is necessary. Such a statement should be the standard by which funding requests are evaluated. Accordingly, the following items constitute the Commission's criteria for funding. Criteria 1. Membership in the Commission is not required before an organization will be considered for funding. 2. All funding requests must be submitted on Commission forms obtained from the Chairman, Budget and Finance Committee. All funding requests must be made in accordance with Commission-developed funding schedules/timetables. 3. Projects, performances, and/or services requested for funding must be held in the City of Virginia Beach and be accessible to the public. 4. Projects, performances, and/or services requested for funding must contribute to Virginia Beach's cultural identity. 5. Duplicate projects, performances, and/or services will not be funded. Groups proposing the same project, performance, and/or service will be encouraged to develop a joint proposal. 6. The Commission will not act as the sole funding source for any project, performance, and/or service. 7. Sound management and adequate fiscal accountability are major factors the Commission will examine in evaluating funding requests for projects, performances, and/or services. 8. Quality (though admittedly difficult to quantify) of the proposed project, performance, and/or service to be funded constitutes another significant factor examined by the Commission. 9. Projects, performances, and/or services already completed and/or funded will not be considered for funding. - 1 7- On motion bv Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to approve the above Bylaws ana Criteria for funding of the Virginia Beach Arts and Humanities Commission. Voting: 10-0 Council Meribers Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, J. flenry liccoy, Jr., Donald W. Merri-ck, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council 14embers Voting Nay: None Council Members Absent: Clarence A. Holland (ITEM II-G3) ITEM #13482 Cub Scout Pact 424 Raffle Red Wing Lake Ladies' Golf Bingo Association Seahawk Booster Club of Virginia Raffle Beach Junior High School Children's Hospital of the Kings Bingo/Raffle Daughters Aragona-Pem-broke Little League Bingo Inc. On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to approve the above Bingo/Raffle pertlits. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, GeorQe R. Ferrell, Barbara M. Henley, 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: Clarence A. Holland 32 6/ 7 9 -1 8- (ITEM II-G.4) ITEM #13483 On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the tax refunds in the amount of $14,216.53. Voti ng : I 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland AN ORDINANCE AUTHORIZING TAX REFUNDS Date 3-15-79 DC UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of -the Treasurer are hereby approved: To:ali- 3,089.6 TYPE ER- DATE NAME YEAP OF TAX NO PAID PENALTY INT. TOTAL Walla, K.M. @1) CD Germanos, Michael J. 79 CD 1/5/79 7.5C Gann, Charles E. 79 CD 1/31,'79 15.00 Edgerton, Ray 79 CD 1/31@79 7.5C Walda, Wayne U. 79 CD 1/31'79 7.5C Teed, Richard E. 79 CD 63506 2/5/19 7.5C Gallup S.A. & K.S. 79 CD 93612 1/30'79 7.5C D L I @@sociates 78 RE 1/2 15713-3 4/11'78 161.7--@ D L I Associates 77 RE 14977-8 4/11178 166.DL@ King, @I.K. & C.I. 79 RE 1/2 2760-2 1/5/79 76.67 Kings Grant West 79 RE 1/2 37642-2 11/27/78 12.OC Finney, J.Ii. & M.A. 78 pp 30452 8/18(78 45.51 Finney, J.H. & M.A. 78 pp 30453 8/18178 42.1(, Sunstream Park Inc. 79 RE 1/2 65769-0 12/5/78 7.9F Grant, E & Waterfield; 7'@ RE 1/2 26672-8 11/1"78 9.36 JoAnston, Edward 79 CD 124320 1/9/79 7.5C Heroux, Leonard P. 79 C,) 80473 1/4/79 7.5C Pombrol@e Nlcadows Civic League, Inc. 79 RE 1/2 52669-9 12/5178 48.OC Whitchurst, Grayson M. Jr. 73 RE2/: 74-73-C)64 3/25/76 173.6C Whitehurst, Grayson M. Jr. 74 RE 1/2 59738-E 5/31'74 520.8C Whi-tchurst, Grayson @l. Jr. 74 RF,2/: 59738-6 11/27/74 520.8C White'nurst, Grayson M. Jr. 75 RE 1/2 62484-@, 11/2L/75 512.6( Whitehurst, Grayson M. Jr. 75 RE2/ 2484-@ 11/2L/75 488.2r Atkinson, Betty G. 79 RE 1/2 20234-@ 12/5/78 219.7( Bowman, Marvin T. 79 CD 1/@4057, 1/221/79 1.7' Greer, William 79 --CD 114327 l/l8y79 7.5c The above abatement(s) totaling $3 were approved by the Council of the City of Virginia Beach on the 2 6 day of March ei Approved Pluth ii. on 20- AN ORDINANCE AUrliORIZING' TAX REFUNDS Date 3-12-79 D.C. UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF TIIE TREASURER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: To:ali 1,126.9: TYPE -TICKET EXONER- DATE NAME YEAB OF TAX NumBER TION NO PAID PENALTY INT. TOTAL gan, David M. 7 9- D 2470 /@l / 7 @' 7.50 eer, MacDonald 79 CD 117786 2/6/7) 7.50 itehurst, Bynum James 79 CD 121005 1/2/7'@ 7.50 d-ette, Robert L.,Jr. 79 CD 1-@8441 1/31/79 7.50 son, Jacqueline -L. 79 CD 109258 1/4/7, 15.00 lins, G.E. 79 CD 111901 1/12/79 15.00 evens, Bobby C. 79 CD 135631 1/25/79 7.50 rdon, T.H.,Jr. 79 CD 137422 1/29/79 7.50 indsor, Dudley I.,Jr. 79 CD 62979 2/1/7) 7.50 ray, Edward 79 CD 44901 2/13/79 15.00 allace, Evelyn M. 79 CD 13925 12/31/79 15.00 oole, H.E. 79 CD 13774 1/4/7) 15.00 arrett, Sara F. 79 CD 30496 1/15/79 7.50 rand, Celica R. 79 CO 126964 1/12/79 7.50 ing, Cary A. 79 Cl) 121383 1/9/7) 7.50 ulgham, Martha G. 78 PP 0329)1 6/1/73 14.22 assir, N. & Puffin E. 79 R@ I/, 036334-7 12/5/78 16.68 eerfield Const. Corp. 79 R!,' I/: 01765-5 11/22/78 20.00 audill, Calvin J. 78 p@, 119080 12/5/79 51.96 iddick, Armecy 79 aE 1/: 056834-0 1/11/79 24.12 aN,,rence, C Frisbie R. 78 pp Oc,4380 5/17/78 125.58 offelt, Terrill 78 pp 113261 12/5/78 54.00 illiamson, I'lalter S. & ernicc C. 79 RT" I/ 073987 10/26/78 34.00 itchell, Mary L. 79 RE 1/ 04674Q, 11/22/78 67.56 randon Company 76 l@' I/ & 2/2 006365-5 8/24/76 2,157.0 randon Company 75 RE 1/ & 2/2 006186-3 1/13/76 4,678.01 afayett Apartment Corp 76 Rz I/. 035081-7 1/10/76 14.14 afayett Apartment Corp 76 RE 2/, 035081-7 2/5/75 14.14 afayett Apartment Corp 77 R2 03')815-9 6/10/77 14.63 afayett Apartment Corp 78 RL 1/1 037037-6 12/9/77 14.14 afayett Apartment Corp 78 RE 2/1 037037-6 7/1/73 14.14 raiidon Company 77 RE 0061@90-2 9/14/79 1,306.1 fl@in, Edmund C. 79 RE 1/1 58405-5 12/5/78 47.77 randon Company 78 I/ 7030-( 12/1/77 l@202.; randon CoLipany 78 RE 2/ 7030-( 2/6/7) 1,105.2 The above abatement(s) totaling ified as t ent; $11,126.92 were appr--v--d by the Council of the City of Virginia Beach on the 26 day of r A A,- JI -'r. 6TK@O@t,4 Treasurer App orm: Vutli 11. Snfith, City Cl.erk - 21 - (ITEM II-H.2.g) ITEM #13484 DUNES ORDINANCE Mayor Standing moved this item to number one position under PLANNING due to public concern and attendance at FORMAL SESSION. ARTICLE 16. COASTLINE MANAGEMENT ORDINANCE 1600. Legislative Intent ORDINANCE #931 The intent of this Section is to establish a district to be known as the Dune Protection Area which would be subject to special regulatory control. The purpose of establishing such control is to protect a valuable coastal resource by regulating all dune-disturbing activities proposed within the district. Coastal sand dunes function in a two-fold manner as a buffer during storm events and as a natural means for minimizing erosion of the beach. These functions are recognized as vital to the protection of life and property in the community. 1601. Establishing the Dune Protection Area The Dune Protection Area shall include all land area 500 feet landward from mean low water along the Chesapeake Bay and Atlantic Ocean Coastline. All land included within the Dune Protection Area shall be subject to the standards and regulations set forth in this Article. 1602. Definitions "Primary Dune" shall mean a mound of unconsolidated (sandy) soil whose seaward, landward and lateral limits are marked by a change in grade from ten per centum or greater to less than ten per centum, or upon any part of which is growing any one or more of the following: American Beach Grass (Ammophilla breviligulata); Beach Heather (Hudsonia tomentosa); Dune Bean (Strophostylis umbellata var. paludigena); Dusty Miller (Artemisis stelleriana); Saltmeadow Hay (Spartina patens); Seabeach Sandwork (Arenaria peploides); Sea Oats (Uniola paniculata); Sea Rocket (Catile edentula); Seaside Goldenroad (Solidago sempervirens); and Short Dune Grass (Panicum amarum). "Dune-disturbing activity" shall mean any activity which shall alter the primary dune contour, impair its natural function or reconstruction, or remove the indigenous vegetation thereon in such a manner as to diminish its erosion control and flood protection value. 1603. Standards The following standards shall apply to all conditional use permits for dune-disturbing activities related to the use or development on or adjacent to primary sand dunes: Development on or adjacent to primary sand dunes shall be located and constructed so as to minimize the physical alteration of any dune or vegetation thereon, and not impair the natural function of the dune system. 2 2- (a) Dune Protection Area Any use, development or construction (including but not limited to structures, streets, walkways, and driveways) located within the Dune Protection Area shall be located and constructed so as to minimize physical alteration of the primary dune, and minimize resistance to the natural formation, deformation, or migration of any dune system. (b) Vegetation Any use, development or construction (including but not limited to structures, streets, walkways, and driveways) located within the Dune Protection Area shall be located and constructed so as to minimize the removal of vegetation within this district. No removal of indigenous vegetation on or seaward of the primary dune crest should be permitted. (c) Sand Removal No permanent excavation, removal of beach material or alteration of said dunes within the Dune Protection Area shall be permitted except that sand dunes may be stabilized or increased in size so as to provide greater protection from wind and wave action. 1604. Use Regulations The existing zoning classifications and permissible uses therein underlying this district shall be in effect, but shall be subject to compliance with the standards set forth in this Article. A conditional use permit shall be required for any use determined to be a dune-disturbing activity. 1605. Exemptions The following activities shall be exempt from the provisions of this Article: (a) the construction and maintenance of non-commercial walk- ways which do not alter the contour of the dune; (b) the construction and maintenance of observation platforms which are not an integral part of any dwelling and which do not alter the contour of the dune; (c) the planting of beach grasses or other vegetation for the purpose of stabilizing dunes; (d) the placement of sand fences or loose material on or adjacent to dunes for the purpose of stabilizing such features except that this provision shall not be inter- preted to authorize the placement of any material which presents a public health or safety hazard or which is otherwise prohibited by law; (e) sand replenishment activities of any private or public concern; (f) the normal maintenance of any groin, jetty, riprap, bulkhead, or other structure designed to control beach erosion which may abut a dune; (g) the normal maintenance, repair, or replacement of presently existing roads, highways, or the facilities of any person, firm, corporation, utility, or other entity. - 2 3 - (h) non-commercial outdoor recreational activities provided that such activities do not alter the natural dune contour or destroy dune vegetation; (i) the research activities of the Virginia Institute of Marine Science or the regulatory activities of the Virginia Marine Resources Commission; (j) the construction and maintenance of aids to navigation which are authorized by government action; and, (k) activities pursuant to any emergency declaration by the governing body of the City of Virginia Beach, the Governor of the Commonwealth or any public health officer for the purposes of protecting the public health or safety. 1606. Determination The Director of Planning shall in all cases make determinations as to the applicability of this Article. Any appeal to the decisions of the Director of Planning may be made directly to the City Manager. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979. - 24- The following persons appeared in FAVOR of the above ordinance: Mr. James Kaiser, representinT 1400 1,Torth Vir(,inia Bea,h Civic League members Mr. Henry Morqan, Attorney, (was introduced bv Mr. Kaiser) Mr. C. G. Harris, President, Tidewater Builders Association Mrs. Jeanette Harris, Sandbridge Civic League Mr. Curtis W. Baskette, Jr., Corps of Enqineers, speaking for Colonel Douglas L. Faller, District -ngineer Mr. Robert J. Smith, President, Chesapeake Beach Civic League Mr. Dean Williams, Builder Mrs. Frances Portafey, Baylake Pines/Baylake Beach Civic League Mr. Charles Traub, in behalf of the Virginia wild- life Association The following appeared in OPPOSITION of the above ordinance: Mr. Michael Barney, Attorney, representing the Croatan Beach Corporation Mr. Joseph Lyle, Attorney, representing the Virginia Beach Board of Realtors Mr. Edward B. Lindsley Mr. Frank E. Butler, Attorney, representing Courtney Footz, property in Croatan Beach Mr. B. J. Wagner, Sr., resident of Virginia Beach Mr. Robert Roscovich, Attorney, representing CalDital Investors klr. Herbert Kramer, builder Mr. David oglesby, Realtor, builder, developer Mr. Bruce Mills, landowner in Chesapeake Beach After considerable discussion, Councilman Ervin riade a motion, seconded by Mayor standing, to adopt Article 16 of the Comprehensive Zoning Ordinance (Coastline Management Ordinance) as recommended by the Planning Cominission, with the following exception that PARAGRAPH 1607 BE OMITTED FROM T'@IE ORDINANCE. The City Attorney indicated that the City does take exception to Paragraph 1607 because of certain bondinq problems, which was discussed in EXECUTIVE SESSION, and suggested it be elininated. This will be used as a Regulation which can be imposed to provide a reasonable regulation on development on the ocean and bayfront. The City Attorney did recommend tliat Council be mindful that in the Use Permit process it only be used as a means of imposing the con- ditions of preserving the dunes and not act as a complete denial of the persons use of his property. In an Overlay District the Qerson shall be entitled to the use of his property under that District, and if he meets the conditions of preserving the ordinance as imposed by the Council in the Use Permit process. The City Attorney requested the following changes in the ordinance: 1. 1602 - paraqraph 2 Change "may" to "shall" 2. 1603 - paraqraph A-line 3 - Change "should" to "shall" paragrapla B-line 3 - Change "should" to "shall" paragraph C-line 2 - Chanqe "should" to "shall" 3 / 2 6 / 7 9 - 2 5- The City Attorney noted that there are two methods of bringinu corrections to an ordinance: 1. Legislative change through this Council 2. Through Judicial determination that any conditions imposed by the Council could be found to be unreasonable, arbitrary action on the Council's part, and the Court can return it to the City Council for corrective action. Tlae motion reads as follows: Adopt Article 16 of the Comprehensive Zoning Ordinance (Coastline Management Ordinance), as recomiqended by the Planning Commission, with the following exceptions: 1. Paragraph 1607 be omitted from the Ordinance; 2. 1602 - paragraph 2 - Change "mav" to "shall" 3. 1603 - paragraph A-line 3 - Change "should" to "shall" paragraph B-line 3 - Change "should" to "sliall" paragraph C-line 2 - Change "should" to "shall" Voting: 10-0 Council Members Voting Aye: Jolin A. Baum, F. Reid Ervin, Barbara M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Aiggs, Patrick L. Standing Council Mertibers Voting Nay: George R. Ferrell (would rather see the matter deferred for two weeks) Council Members Absent: Clarence A. Holland 3 / 2 67 9 - 2 6 - (ITEM II-H.I.a) ITEM #13485 PLANNING ITEMS Attorney W. Leigh Ansell, represented the applicant Frank Atkins, Planner, spoke in favor of this application Subdivision Variance: Appeal from Decisions of dministratiVe Of-ficers in regard to certain elements of the Subdivision Ordinance, Subdivision for Bruce B. Gallup and Frank T. Williams. Property located on the North side of Nawney Creek Road, 1529.33 feet East of Nawney Creek Bridge. Plats with more detailed infortnation are available in the Department of Planning. Planning Commission Recommentation: A motion was passed by the Planning Commission by a recorded vote of 11 for the motion and I against to dony this request as this site consists of poorly drained soils on which the Health Department is pertnitting septic tank use under special land management criteria. It was felt that the inclusion of curbs and gutters would be an important step in promoting proper drainage on these critical soils. On motion by Councilman Baum, seconded by Councilwoman Henley, City Council voted to DENY the above request of BRUCE B. GALLUP and FRANK T. WILLIAMS for a subdivision variance on a 53.53-acre site located on the north side of Nawney Creek Road, east of Nawney Creek Bridge, in the Pungo Borough; and, further voted that in the future ALL curb and gutter be waived on Nawney Creek Road. 2 7 - Voting: 1 0- 0 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland This matter was denied as the site consists of poorly-drained soil on which the Health Department is permitting septic tank use under Special Land Management Criteria. It was felt that the inclusion of curbs and gutter would be an important step in promoting proper drainage on these critical soils. - 28- (ITEM II-H.I.b) ITEM #13486 Douglas Talbot, Talbot and Associates, represented the applicant Upon motion by Councilman Payne, seconded by Councilman Ferrell, City Council voted to APPROVE the petition of THE WINDSOR-HOLLAND COMPANY, for a Chanqe of Zoni.ng District Classification from R-6 Residential DistriTt-t6 A-] Apartment District; with the f ollowing correction to stipulation #9: The total number of units will not exceed 594 units. A total of 253 of these units will be built as single family detached houses. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 2 9- ORDINANCE UPON APPLICATION OF WINDSOR- Z0379417 HOLLAND COMPANY FOR A CHANGE OF ZONING DISTRLCT CLASSIFICATION FROM R-6 RESI- DENTIAL DISTRICT TO A-1 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of the Windsor-Holland Company for a an of Zonin District Classification' t i L)istrict from R-6 Resid@n al to -1 Apart nt Is Ict on certain property located 960 feet West of the inter- section of Holland Road and Stoneshore Road, running a distance of 205 feet along the Northern property line, running a distance of 550 feet along the Western property line, running a distance of 205 feet along the Southern property line and running a distance of 550 feet along the Eastern property line. Said parcel contains 2.6 acres more or less. PRINCESS ANNE BOROUGH. Approval of this request is subject to the following conditions in conjunction with the intended use of the 1 and ; 1. Standard improvements as required by the Site Plan Ordinance and Subdivision Ordinance. 2. City water and sewer. Gravity sewer and a sewage pump station must be provided. 3. The submission of a recreation/open space plan prior to preliminary subdivision application. 4. Pro rata participation in the costs associated with the installation of traffic signals if needed. 5. The necessary downstream drainage easements and improvements. 6. Street entrances onto Holland Road will be permitted only at the locations provided for on the Holland Road Phase III construction p I a n s . 7. The hydrology study for the Holland Rcdd project is to be revised due to any changes that may occur in conjunction with these changes of zoning. 8. The proposed drainage canal is to align with the drainage canal for the Gumenick Farm in accordance with the City's Master Drainage Plan. 9. The total number of units will not exceed 545 u n i t s .A total of 245 of these units will be built as single-family detached houses. (CHANGED TO 594 UNITS. A TOTAL OF 253 UNITS WILL BE BUILT AS SINGLE-FAMILY DETACHED HOUSES.) This Ordinance shall become effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979. - 30 - (ITEM II-H.I.b) ITEM #13487 Douglas Talbot, Talbot and Associates, represented the applicant On motion by Councilman Payne, seconded by Councilman Ferrell, City Council voted to APPROVE the application of THE WINDSOR- HOLLAND COMPANY, for a Change of Zoninq District Classification from R-6 Residential Dis rict to Housing District; with the following correction to stipulation #9: The total number of units will not exceed 594 units. A total of 253 of these units will be built as single-family detached houses. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 31 - ORDINANCE UPON APPLICATION OF WINDSOR- Z0379418 HOLLAND COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 RESI- DENTIAL DISTRICT TO PD-H PLANNED DEVELOPMENT-HOUSING DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of The Windsor-Holland Company for a Change of Zoning District Classifi- cation from R-T-Residential District to PD- P anned Deve opment-Housing District on certain property lo- cated on the West side of Holland Road at the South- west intersection with Stoneshore Road, running a distance of 80 feet along the West side of Holland Road, running a distance of 950 feet in a Southwesterly direction, running a distance of 620 feet in a North- westerly direction, running a distance of 80 feet in a Northeasterly direction, running a distance of 325 feet in a Northwesterly direction, running a distance of 870 feet in a Northeasterly direction, running a distance of 80 feet along the West side of Holland Road, running a distance of 870 feet in a Southwesterly direction, running a distance of 1150 feet in a Northwesterly direction, running a distance of 2770 feet along the Western property line, running a distance of 840 feet in a Southeasterly direction, running a distance of 430 feet in an Easterly direction, running a distance of 270 feet in a Southerly direction, running a distance of 2019 feet in a Northeasterly direction, running a distance of 550 feet in a Northwesterly direction and running a distance of 1155 feet in a Northeasterly direction. Said parcel contains 115.5 acres. PRINCESS ANNE BOROUGH. Approval of this request is subject to the following conditions in conjunction with the intended use of the 1 a n d : 1. Standard improvements as required by the Site Plan Ordinance and Subdivision Ordinance. 2 . City water and sewer. Gravity sewer and a sewage pump station must be provided. 3. The submission of a recreation/open space plan prior to preliminary subdivision application. 4. Pro rata participation in the costs associated with the installation of traffic signals as needed 5. The necessary downstream drainage easements and improvements. 6. Street entrances onto Holland Road will be permitted only at the location provided for on the Holland Road Phase III construction plans. - 3 2 - 7. The hydrology study for the Holland Road project is to be revised due to any changes that may occur in conjunction with these changes of zoning. 8. The proposed drainage canal is to align with the drainage canal for the Gumenick Farm in accordance with the City's Master Drainage Plan. 9. The total number of units will not exceed 545 units. A total of 245 of these units will be built as single family detached houses. (CHANGED TO 594 UNITS. A TOTAL OF 253 OF THESE UNITS WILL BE BUILT AS SINGLE-FAMILY DETACHED) This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979 - 3 3- (ITEM II-H.l.b) ITEM #13488 Douglas Talbot, Talbot and Associates, represented the applicant On motion by Councilman Payne, seconded by Councilman Ferrell, City Council voted to APPROVE the petition of THE WINDSOR-HOLLAND COMPANY, for a Change of Zoning District Classification from A-1 Apartment District to -H Planned Development-Hou ing District; with the following correction to stipulation #9: The total number of units will not exceed 594 units. A total of 253 of these units will be built as single-family detached houses. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. 26 - 34- ORDINANCE UPON APPLICATION OF WINDSOR- Z0379419 HOLLAND COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 APARTMENT DISTRICT TO PD-H PLANNED DEVELOPMENT- HOUSING DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of The Windsor-Holland Company, for a Chane of lonin, District Cla,,ifi- -1 ,rt Ul_ -H Planned cation from A Ap ent 't rict to PD Development-Housing District on certain property lo- cated at the Northwest intersection of Holland Road and Stoneshore Road, running a distance of 790 feet along the West side of Holland Road, running a dis- tance of 950 feet along the Northern property line, running a distance of 790 feet along the Western pro- perty line and running a distance of 950 feet along the Southern property line. Said parcel contains 17.2 acres. PRINCESS ANNE BOROUGH. Approval of this request is subject to the following conditions in conjunction with the intended use of the 1 and : 1. Standard improvements as required by the Site Plan Ordinance and Subdivision Ordinance. 2. City water and sewer. Gravity sewer and sewage pump station must be provided. 3. The submission of a recreation/open space plan prior to preliminary subdivision application. 4. Pro rata participation in the costs associated with the installation of traffic signals if needed. 5. The necessary downstream drainage easements and improvements. 6. Street entrances onto Holland Road will be permitted only at the locations provided for on Holland Road Phase III construction plans. 7. The hydrology study for the Holland Road project is to be revised due to any changes that may occur in conjunction with these changes of zoning. B. The proposed drainage canal is to align with the drainage canal for the Gumenick Farm in accordance with the City's Master Drainage Plan. 9. The total number of units will not exceed 545 u n i t s .A total of 245 of these units will be built as single-family detached houses. (CHANGED TO 594 UNITS. A TOTAL OF 253 UNITS WILL BE AS SINGLE-FAMILY DATACHED HOUSES) This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979. - 35- (ITEM II-H.I.c) ITEM #13489 Reverend John Gimenez, Pastor, Rock Church, spoke in favor John H. Miller, Property owner, spoke in favor Oscar W. Richardson, Property owner, spoke in favor The following spoke in opposition: Michael Milowavich, represented Civic League C. B. Willard, Jr., resident of Kempsville Colony Bill Bozart, Kempsville Colony, presented petitions Upon motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted to DENY the application of ROCK CHURCH for a Conditional Use Permit for a girl's home, with the stipulation that they@ave thirty @30) days in which to find suitable housing. Vot ing: 9 - 2 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Council Members Voting Nay: Donald W. Merrick, and Mayor Patrick L. Standing Council Members Absent: Clarence A. Holland, M.D. - 3 6- Ordinance upon application of Rock Church for a Conditional Use Permit for a girl's home on cer- tain property oca e at the Southeast intersection of Kempsville Road and Milburne Drive, running a distance of 145 feet along the South side of Milburne Drive, running a distance of 100 feet along the Eastern property line, running a distance of 145 feet along the Southern property line and running a distance of 100 feet along the East side of Kempsville Road. Said parcel contains .33 acre. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 10 for the motion and 2 abstention to approve this request subject to the following conditions in conjunction with the intended use of the 1 and : 1. Approval is for a period of six months. 2. Standard improvements as required by the Site Plan Odinance. 3. City water and sewer. - 3 7 - (ITEM II-H.I.d) ITEM #13490 Robert Turner, General Manager, Creative Displays, spoke in favor Councilman Merrick made a motion, seconded by Councilman Baum, to DENY the application of CREATIVE DISPLAYS, INC., for a Conditional Use Permit for an outdoor advertising signboard. Voting : 9- 1 Council Members Voting Aye: (for denial) Donald W. Merrick Council Members Voting Nay: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Absent: Clarence A. Holland, M.D. THE MOTION TO DENY WAS LOST - 38- On motion by Councilman Payne, seconded by Vice Mayor McCoy, City Council voted to APPROVE the application of CREATIVE DISPLAYS, INC., for a-Conditional Use Permit for an outdoor advertising signboard. Voting 9- 1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: Donald W. Merrick Council Members Absent: Clarence A. Holland, M.D. - 3 9 - ORDINANCE UPON APPLICATION OF CREATIVE R0379238 DISPLAYS, INC., FOR A CONDITIONAL USE PERMIT FOR AN OUTDOOR SIGNBOARD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Creative Displays, Inc., for a Conditional Use Permit for an outdoor advertising signboard on certain property located at the Northeast intersectfon of Bonney Road and Happy Street, running a distance of 1254.03 feet along the North side of Bonney Road, running a distance of 1250 feet more or less along the Northern property line and running a distance of 233.41 feet along the East side of Happy Street. Parcel contains 1.9 acres. LYNNHAVEN Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 11 for the motion, 1 against and I abstention to deny this request. It was felt that continuation of a billboard at this location would be inappropriate to the area. Approval of this request is subject to the conditions in conjunction with the intended use of the land: Compliance with Article 2, Section B, Section 216 of the Comprehensive Zoning Ordinance per- taining to Outdoor Advertising Structures, Billboards, Signboards and Poster Panels. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979. - 40- (ITEM II-H.I.e) ITEM #13491 Jerry Adams represented the applicant On motion by Councilman Ferrell, seconded by Councilman Merrick, City Council voted to APPROVE the application of WILLIS REALTY for a Change of Zoninq Di:strict Classification from B-2 Community- Business District t (modified from R-9): Voti ng : I 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 41 - ORDINANCE UPON APPLICATION OF WILLIS Z0379320 REALTY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY- BUSINESS DISTRICT TO R-6 RESIDENTIAL DISTRICT (MODIFIED FROM R-9 DISTRICT) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Willis Realty for a Change of Zoning District Classification from B-2 Community-Bu iness District to R-6 R@l-dential District (modified from R-9 Residential District on certain property located on the East side of Thalia Road beginning at a point 650 feet North of Virginia Beach Boulevard, running a distance of 115 feet along the East side of Thalia Road, running a distance of 645 feet along the Eastern property line and running a distance of 640 feet along the Southern property line. Said parcel contains 1.32 acres. KEMPSVILLE BOROUGH. Approval is subject tothe following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. 3. The recreation/open space area required should be provided along the northern boundary of petition #12 adjoining an existing neighborhood park. 4. Right-of-way improvements will be necessary along Thalia Road; this includes pavement widening, curb and gutter, sidewalk, drainage facilities and street lights. 5. Cul-de-sac is required. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979. - 4 2- (ITEM II-H.2.a) ITEM #13492 ORDINANCES Upon motion by Councilman Merrick, seconded by Councilman Payne, City Council voted to ADOPT the Ordinance to amend and reordain Article 10, Section 1002 of the Comprehensive Zoning Ordinance pertaining to Yard Requirements in the I-I Light Industrial District. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 4 3- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 10, SECTION 1002 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO YARD REQUIREMENTS IN THE I-I LIGHT INDUSTRIAL DISTRICT ORDINANCE #932 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 10, Section 1002, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Density Regulations, of the C.Z.O. is amended and reordained as follows: (c) The minimum yard requirements shall only be as provided herein: (3) The minimum yard setback for any yard adjacent to a street shall be twenty- five (25) feet. The first ten (10) feet of such yard shall be landscaped, except for drives and walkways necessary for access, and shall not be used for pa rki ng. Adopted by the Council of the City of Virginia Beach, Virginia, on the Lw Sixth day of March, 1979. - 44- (ITEM II-H.2.b) ITEM #13493 Upon motion by Councilman Payne, seconded by Councilman Baum, City Council voted to ADOPT the Ordinance to amend and reordain Section 5.8 relating to Site Plan Regulations pertaining to righ.t-of-way improvements. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay; None Council Members Absent: Clarence A. Holland, M.D. - 4 5- AN ORDINANCE TQ AMEND AND REORDAIN SECTION 5.8 RELATING TO SITE PLAN REGULATIONS PERTAINING TO RIGHT-OF-WAY IMPROVEMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Right-of-way improvements shall include pavement widening, curb, gutter, sidewalks and street lighting in accordance with the standards of the Department of Public Works, except when due to existing con- ditions or planned construction projects, it is not feasible to construct at the same time the site is being constructed. Pavement widening will be required based on traffic impact and safety considerations as determined by standards established by the Department of Public Works. When the improvements are deferred, the estimated costs of these improvements shall be placed in escrow with the City, unless the construction and improvements are covered by subdivision bonds pursuant to the Subdivision Ordinance. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979. - 46- (ITEM II-H.2.c) ITEM #13494 Upon motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City Council voted to ADOPT the Ordinance closing, vacating and discontinuing a portion of that certain street known as Thompkins Lane, located in the Kempsville Borough of the City of Virginia Beach, Virginia. Voting 1 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 4 7- IN THE MAATTER OF CLOSING, VACATING AND ORDINANCE #751 DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS THOMPKINS LANE, LOCATED IN THE KEMPSVILLE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "SURVEY OF PROPERTY OF BOOKER T. SMITH" DATED AUGUST 28, 1978, WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by Booker T. Smith and Lenora Smith, that they would make application to the Council of the City of Virginia Beach, Virginia, on March 26, 1979, to have the hereinafter described street discontinued, closed and vacated; and, WHEREAS, it is the judgment of the Council that said street be discontinued, closed and vacated. NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: - 48- Beginning at a point on the eastern side of Thompkins Lane in the City of Virginia Beach, Virginia, which said point of beginning is 87.06 feet southerly from a pin at the south- eastern intersection of Thompkins Lane and an unnamed street shown on that certain survey entitled "Survey of Property of Booker T. Smith," dated August 28, 1978; from said point of beginning running north 40@ 26' 14" east 139.21 feet to a point in the southerly side of said unnamed street; thence 85@ 35' 41" east 32.37 feet to another point in the southerly side of said unnamed street; thence south 47' 261 14" west 186.17 feet to a point in the easterly side of said Thompkins Lane; thence north 4* 31' 14" east 29.37 feet along the easterly side of Thompkins Lane to the point of beginning; all as more particularly shown, designated and described on the aforesaid survey. Said parcel of land being a portion of Thompkins Lane as indicated on that certain survey entitled "Survey of Property of Booker T. Smith" dated August 28, 1978, which survey is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book -1 at Page and which is made a part hereof by reference. SECTION II That thirty (30) days after this date a copy of this Ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of this City and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979. - 4 9- ORDINANCE APPOINTING VIEWERS WHEREAS, Booker T. Smith and Lenora Smith have given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 5 -day of February 9 1(119, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street 20 feet in width, and has filed such application with said Cou-ncil. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert George E. Tinnes and Robert J. Scott are hereby appointed to view the below described property and report in writi-ng to the Council on or before March 26, 1979, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street located in the City of Vir- ginia Beach, Virginia, and more particularly described as follows: Beginning at a point on the eastern side of Thompkins Lane in the City of Virginia Beach, Virginia, which said point of beginning is 87.06 feet southerly from a pin at the southeastern intersection of Thompkins Lane and an unnamed street shown on that certain survey entitled "Survey of Property of Booker T. Smith," dated August 281 1978; from said point of beginning running north 470 26' 14" east 139.21 feet to a point in the southerly side of said unnamed street; thence north 850 35' 41" LA@ 01.@.1 O@ T...AS M. A..ONS, II1 east 32.37 feet to another point in the southerlv side of said unnamed street; thence south 470 26' 14"-west 186.17 feet to a point in the easterly side of said 3 / 2 6/ 7 9 - 50 - Thompkins Lane; thence north 40 31'14" east 29.37 feet along the easterly side of Thompkins Lane to the point of beginning; all as more particularly shown, designated and described on the aforesaid survey. All the above as shown upon that certain plat entitied, "Survey of Property of Booker T. Smith" dated August 28, 1978. O,,@@. 0, T ... @s M. A.MONS, Ill 3/ 2 6/ 7 9 - 51 - IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN LANE OR STREET, KNOWN AS THOMPKINS LANE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "SURVEY OF PROPERTY OF BOOKER T.SMITH" DATED AUGUST 28, 1978, WHICH SURVEY IS ATTACHED HERETO. P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioners, Booker T. Smith and Lenora Smith, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the petitioners apply for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: Beginning at a point on the eastern side of Thompkins Lane in the City of Virginia Beach, Virginia, which said point of beginning is 87.06 feet southerly from a pin at the southeastern intersection of Thompkins Lane and an unnamed street shown on that certain sur- vey entitled "Survey of Property of Booker T. Smith." dated August 28, 1978; from said point of beginning running north 470 26' 14" east 139.21 feet to a point in the southerly side of said unnamed street; thence north 850 35' 41" east 32.37 feet to another point in the southerly side of said unnamed street; thence south 470 26' 14" west 186.17 feet to a point in the easterly side of said Thompkins Lane; thence north 40 31' 14" east 29.37 feet along the easterly side of Thompkins Lane to the point of beginning; all as more particularly shown, designated and described on the aforesaid survey. Said parcel of land being a portion of Thompkins Lane, as indicated on that certain plat entitled, "Survey of Property of Booker T. Smith" dated August 28, 1978, which survey is attached L@. O@@@... O@ T.O.AS M. AMMONS, Ill hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 3 / 2 6/ 7 9 - 5 2 - 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the petitioners pray that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the '@@ -tk day of AIA P-,' f/ _, 1979, as to whethel in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the - day of January, 1979, Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of Virginia Beach, Virginia, on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioners are fee simple ownetsof all land along and adjacent to and affected by said portion of the platte@ street to be closed and consequently, your Petitioners are the only landowners affected by the same. Respectfully submitted, BOOKER T. SMITH LENORA SMITH Bv '- 1- Of Counsel Thomas M. Ammons, iii 968 South Oriole Drive, Suite 203 1,@ 0, Virginia Beach, Virginia 23451 TmOMAS M. A.m.@s, III 3 2 67 9 - 53- (ITEM II-H.2.d) ITEM #13495 On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted to ADOPT the Ordinance closing, vacating and discontinuing a portion of Barberton Drive, in the Virginia Beach Borough; subject to the following stipulations: 1. Assurance by developer that Barberton Drive will be built to the west, (Site Plan approval) 2. 40-foot wide utility easement across the area proposed for closure. 3. Private utility easement for the VEPCO utilities located within the proposed closure. 4. Vacation of the existing lot lines by plat recordation in order to insure that all lots will have access to a public street. 5. Sufficient right-of-way to the west of the proposed closure in order to provide for the relocation of Barberton Drive. Voting I 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 54- BOOK 2001 PAGE 260 AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF BARBERTON DRIVE, VIRGINIA BEACH BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA 7901 ORDINANCE #752 WHEREAS, proper notice that the City of Virginia Beach would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter portion of Barberton Drive closed, vacated and discontinued as a public road of the City of Virginia Beach was duly posted at the Courthouse of the Circuit Court and at two public places in the City of Virginia Beach, Virginia, on the Fifth day of January, 1979. WHEREAS, the land proprietors affected thereby have been duly notified; and, WHEREAS, said application was made to the City Planning Commission and to the City Council; and, pursuant to the Statutes in such cases made and provided, the Council appointed Viewers who have reported to the Council that no inconvenience to the public or to private individuals would result from such closing, vacating and dicontinuance; and, WHEREAS, the City Planning Commission after proper notice and hearing, has reported thereon to the Council; and, WHEREAS, it is the judgment of the Council that said portion of Barberton Drive should be closed, vacated and discontinued. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the certain portion of said road described as follows in the Virginia Beach Borough of the City of Virginia Beach is hereby closed, vacated and discontinued as a public road of the City of Virginia Beach, said portion of road not being needed for public use and travel. - 5 5- All that certain portion of Barberton Drive, containing 0.606 acres, as is shown and designated by the area outlined in red on that certain plat entitled, "Plat Showing 40' Utility Easement To Be Conveyed by Minnie Properties, Incorporated, To The City of Virginia Beach", which is on file in the Department of Public Works, Real Estate Division of the City of Virginia Beach, and is further described as follows: Beginning at a point, said point being the south existing right-of-way line of Route 58 (Laskin Road) and the east right-of-way line of existing Barberton Drive from a point thus established S 24@32' W a distance of 660.29 feet to a point; thence along a curve to the left having a radius of 325 feet a distance of 182.66 feet, to a point; thence N 24@32' E a distance of 456.71 feet to a point on the south existing right-of-way line of Route 58 (Laskin Road); thence N 83@14' E a distance of 58.51 feet to the point of beginning. 2. That such closure of a portion of said road is conditioned upon adjacent landowner, Minnie Properties, Incorporated, dedicated a 40' utility easement and right-of-way, as is shown and designated by the shaded area on the plat mentioned in the above description, by deed to the City of Virginia Beach. 3. That thirty (30) days after this date a copy of this Ordinance, certified by the Clerk, shall be spread upon the public records in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979. - 5 6- BOOK 2001 PAGE 262 ORDINANCE APPOINTING VIEWERS FOR CLOSING, VACATING AND DISCONTINUING A PORTION OF BARBERTON AVENUE, VIRGINIA BEACH BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the City of Virginia Beach has given due and proper Notice, in accord with the Statutes for such cases made and provided, that it would, on this day, apply to the City Council of the City of Virginia Beach, Virginia, for the Appointment of Viewers to view the below-described property, and report in writing to the Council whether, in the opinion of said viewers, any, and if any, what inconvenience would result from the discontinuing of the hereinafter described portion of Barberton Avenue situate in the City of Virginia Beach, Virginia, and has filed such application with said Council; a n d , NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT C. Oral Lambert George E. Tinnes Robert J. Scott are hereby appointed to view the below-described property, and to report in writing to the Council on or before I whether in their opinion any, and if any, what inconvenience would result from the discontinuing, closing and vacating of that certain portion of Barberton Avenue, situate in the City of Virginia Beach, Virginia, and described as follows: All that certain portion of Barberton Drive, containing 0.606 acres, as is shown and designated by the area outlined in red on that certain plat entitled, "Plat Showing 40' Utility Easement To Be Conveyed by Minnie Properties, Incorporated, To The City of Virginia Beach", which is on file in the Department of Public Works, Real Estate Division of the City of Virginia Beach, and is further described as follows: - 5 7- Beginning at a point, said point being the south existing right-of-way line of Route 58 (Laskin Road) and the east right-of-way line of existing Barberton Drive from a point thus established S 24-32- W a distance of 660.29 feet to a point; thence along a curve to the left having a radius of 325 feet a distance of 182.66 feet, to a point; thence N 24@32' E a distance of 456.71 feet to a point on the south existing right-of-way line of Route 58 (Laskin Road); thence N 83@14' E a distance of 58.51 feet to the point of beginning. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 1979 - 5 8- (ITEM II-H.2.e) ITEM #13496 ORDINANCE-#753 ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF VISTA CIRCLE, LYNNHAVEN BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that Jack Weller, the petitioner would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter portion of Vista Circle closed, vacated and discontinued as a public road of the City of Virginia Beach was duly posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, and at two public places in the City of Virginia Beach, Virginia, on the Tenth day of January, 1979; WHEREAS, the land proprietors affected thereby have been duly notified; and, WHEREAS, said application was made to the City Planning Commission and to the City Council and pursuant to the Statutes in such cases made and provided, the Council appointed Viewers who have reported to the Council that no inconvenience to the public or to private individuals would result from such closing, vacating and discontinuance; and, WHEREAS, the City Planning Commission after proper notice and hearing, has reported thereon to the Council; and, WHEREAS, it is the judgment of the Council that said portion of Vista Circle should be closed, vacated and discontinued; now therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the certain portion of said road described as follows in the Lynnhaven Borough of the City of Virginia Beach, Virginia, is hereby closed, vacated and discontinued as a public road of the City of Virginia Beach said certain portion of said road not being needed for public use and travel: - 59- ALL THAT certain portion of Vista Circle as appears on the plat of Lynnhaven Shores (Map Book 7,Page 167) and being more particularly bounded and described as follows: BEGINNING at a point on the dividing line between Lots 3 and 4, Block 9, Lynnhaven Shores, at a point north 105.43 feet from the northeast corner of Vista Circle and Lynnhaven Drive. Thence along the east side of Vista Circle along the curve to the right, the radius of which is 475 feet, a dis- tance of 59.70 feet to a point. Thence along a curve to the right, the radius of which is 440 feet, a distance of 77.51 feet to a point. Thence along a curve to the left, the radius of which is 60 feet, 98.18 feet to the point of beginning. REFERENCE is hereby made to that certain survey entitled, "PLAT SHOWING PORTION OF VISTA CIRCLE TO BE CLOSED FOR JACK WELLER LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE: 1"=50' DECEMBER 21, 1978, HAROLD C. WARREN, JR. LAND SURVEYOR, CHESAPEAKE, VIRGINIA." Section 2. That 30 days after this date a copy of this Ordinance certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of this City and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979. - 60 - IN THE MATTER OF CLOSING, VACATING : AND DISCONTINUING A PORTION OF P E T I T I O@N VISTA CIRCLE TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Petitioner, Jack Weller, respectfully repre$ents: 1. That pursuant to the provisions of Sectlon 15.1-364 of the Code of Virginia, 1950, as amended, the said petitioner applies for the vacating, closing and discontinuing of a portion of a certain road situate in the Borough of Lynnhaven, City of Virginia Beach, Virginia, and described as follows: ALL THAT certain portion of Vista Circle as appears on the plat of Lynnhaven Shores (Map Boo 7, Page 167) and being more particularly bounded and lescribed as follows: BEGINNING at a point on the dividing lin between Lots 3 and 4, Block 9, Lynnhaven Shores, at a point north 105.43 feet from the northeast corner of Vista Circle and Lynnhaven Drive. Thence along the east side of Vista Circle along the curve to the right, the radius of which is 475 feet, a distance of 59.70 feet to a point. Thence along a curve to the right, the radius of which is 440 feet, a distance of 77.51 feet to a point. Thence along a curve to the left, the radius of which is 60 feet, 98.18 feet to the point of beginning. REFERENCE is hereby made to that certain survey entitled, "PLAT SHOWING PORTION OF VISTA CIRCLE TO BE CLOSED FOR JACK WELLER LYNNHAVEN BOROUGH, VIRGINIA EACH, VIRGINIA, SCALE: 1"=501 December 21, 1978 Harold C@ . Warren, Jr., Land Surveyor, Chesapeake, Virginia." 2. That no inconvenience will result to any person by reason of the said closing, vacating and discontinuing Of this portion of said road, and petitioner prays that this Honora@le Council appoint Viewers as provided by the aforesaid Statute to view the portion of the said road to be closed and report in writing to this Council on or before 1 1979, whether, ih the opinion of the said Viewers, any, and if any, what inconvenienco would result from the discontinuing of this portion of said road. 3. That on the Tenth day of January, 1979, notices of the presenting of this application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Vir inia, and at two other public places within the said City, as evi enced by the affidavit attached hereto. Respectfully sub@itted, JACK WELLER By /s/ Jack We@ler - 61 - ORDINANCE APPOINTING VIEW@RS WHEREAS , Jack Weller, the petiti oner , has given du e and proper notice, in accordance with the Statutes for such cases made and pro- vided, that he would on this day apply to the Ci@y Council of the City of Virginia Beach, Virginia, for the appoin@ment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any inconvenience would result, and if any, what inconvenience would result from the discontinuing of the hereinafter described portion of Vista Circle in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and has filed such application with the said Cou@cil. NOW, THEREFORE, BE IT ORDAINED BY THE COUNC@L OF THE CITY OF VIRGINIA BEACH, VIRGINIA; THAT, C. Oral Lambert George E. Tinnes Robert J. Scott are hereby appointed to view the below-described property and report in writing to the Council on or before I whether in the opinion any, and if any, inconvenience wo@ld result from the discontinuing, closing and vacating of that cert@in portion of Vista Circle, located in the Borough of Lynnhaven, City of Virginia Beach, Virginia, and described as follows: ALL THAT certain portion of Vista Circle s appears on the plat of Lynnhaven Shores (Map Book@7, Page 167) and being more particularly bounded and d scribed as follows: BEGINNING at a point on the dividing line between Lots 3 and 4, Block 9, Lynnhaven Shores, at a point north 105.43 feet from the northeast corner of Vista Circle and Lynnhaven Drive. Thence along the ea;t side of Vista Circle along the curve to the right, the radius of which is 475 feet, a distance of 59.70 fe2t to a point. Thence along a curve to the right, the ralius of which is 440 feet, a distance of 77.51 feet to p point. Thence along a curve to the left, the radius of @hich is 60 feet, 98.18 feet to the point of beginning. REFERENCE is hereby made to that certain urvey entitled, "PLAT SHOWING PORTION OF VISTA CIRCI-E TO E CLOSED FOR JACK WELLER LYNNHAVEN BOROUGH, VIRGINIA B ACH, VIRGINIA, SCALE: 1"=50' December 21, 1978 Harold C. Warren, Jr., Land Surveyor, Chesapeake, Virginia." - 6 2- (IT EM I I-H. 2. f ITEM #13497 BOOK 2003 PAGE 273 8530 ORDINANCE NO. *754 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THOSE CERTAIN STREETS OF 60 FOOT WIDTH, KNOWN AS SECOND STREET, RIVER AVENUE AND FIRST STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING APPROXIMATE LOCATION OF FIRST STREET, SECOND STREET AND RIVER AVENUE" DATED NOVEMBER 20, 1978. WHEREAS, it appearing by affidavit that proper notice has been given by the Petitioners, Albert N. Henley and Vivian V. Henley, Elwood Grant and Verna M. Grant, and Elwood Waterfield, Sr., and Loyalty Co., Inc., that they would make application to the Council of the City of Virginia Beach, Virginia, on the day of March, 1979, to have the hereinafter describ d street discontinued, closed and vacated; and, WHEREAS, it is the judgment of the Council that said street be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City f Virginia Beach, Virginia, that the hereinafter described stree t@ be discontinued, closed and vacated: SECOND STREET. All that portion of "Sec)nd Street" lying etween the southern boundary of Minden Point Road and the northern lot lines of lots )wned by Loyalty Co., Inc., and Elwood Waterfield, Sr., as shown on the attached plat. FIRST STREET. All that portion of "First Street" lyin-g sout@of the southern line of land owned now or formerly by Elwood M. Grant and Elwood Waterfield, Sr., as shown on the attached plat. RIVER AVENUE. All that portion of "River Avenue" lying etween the eastern boundary of "Second Street" and the western boundary of "First Street", as described above, and as shown on the attached plat. BEING the same streets as shown on a certain plat of Norfolk Southern Railroad Co. located in Map Book 36 at page 13 with respect to certain plat lated May 1, 1954, showing property of Elwood M. Grant and Elwood Waterfield, Sr,, located at Munden Point, said plat being recorded in Map Book 36 at Page 22. - 6 3- Said parcels being known as First Street, SEcond Street and River Avenue, Pungo Borough, in the City of Virginia Beach, Virginia, as shown on that certain plat of property to be Nacated, which said plat is duly recorded in the Clerk's Office of t e Circuit Court of the City of Virginia Beach, Virginia, in Map Boo I at Page and which plat is made a part hereof y reference. SECTION II The street discontinuances, closures and va(ations as provided in Secti on I above, and th is order, shal 1 be in E ff ect from the date of its passage. 6 4- PAri 275 ORDINANCE APPOINTING VIEWERS WHEREAS, the Petitioners, Albert N. Henley and Vivian V. Henley, Elwood Grant and Verna M. Grant, Elwood Waterfield, Sr., and Loyalty Co., Inc., have given due and proper notice, in accordance with the statutes for such cases made and provided that they will, on the 26th day of January 1 1979, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of the said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described streets, and have filed such Petition and application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral La.@ert Georcre E. Tinnes AND Pobert J. Scott are hereby appointed to view the property described below and report in writing to the Council on or before 1979, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of those certain streets located in the City of Virginia Beach, Virginia, and more particularly described as follows: SECOND STREET. All that portion of "Second Street" lying between the southern boundary of Munden Point Road and the northern lot lines of lots owned by Loyalty Co., Inc. and Elwood Waterfield, Sr. as shown on the attached plat. FIRST STREET. All that portion of "First Street" lying south of the southern line of land owned now or formerly by Elwood M. Grant and Elwood Waterfield, Sr., as shown on the attached plat. RIVER AVENUE. All that portion of "River Avenue" lying between the eastern boundary of "Second Street" 3 2 6/ 7 9 - 6 5- uDop?Vjf)3 R4,,, i i9-76 and the western boundary of "First Street", as described above, and as shown on the attached plat. BEING the same streets as shown on a certain plat of Norfolk Southern Railroad Co. located in Map Book 36 at page 13 with respect to a certain plat dated May 1, 1954, showing property of Elwood M. Grant and Elwood Waterfield, Sr. located at Munden Point, said plat being recorded in Map Book 36 at page 22. All of the above as shown upon that certain plat entitled "Plat Showing Approximate Location of First Street, Second Street and River Avenue", which )lat is attached hereto and made a part hereof and intenied to be recorded with the Ordinance closing the aforedes2ribed streets. Approval subject to the following stipilation: Vacation of the existing lot lines by plat recordation in order to insure that all lots will have access to a public stree,t. Certified to be a true excerpt from the minutes of the City Council of the City of Virginia Beach, Virginia, approved March 26, 1979 Rijth Hodges Smi,th, City Clerk 3/ 2 6/ 7 9 - 6 6- sco@20(13 @4r@,277 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THOSE CERTAIN STREETS OF 60 FOOT WIDTH, KNOWN AS SECOND STREET, RIVER AVENUE AND FIRST STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING APPROXIMATE LOCATION OF FIRST STREET, SECOND STREET AND RIVER AVENUE" DATED NOVEMBER 20, 1978. P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, Albert N. Henley and Vivian V. Henley, Elwood Grant and Verna M. Grant, Elwood Waterfield, Sr., and Loyalty Co., Inc., respectfully represent as follows: 1. That pursuant to the provisions of Section 14.1-364 of the Code of Virginia of 1950, as amended, the Petitioners have applied for the vacating, closing and discontinuance of those certain streets more specifically described as follows: SECOND STREET. All that portion of "Second Street" lying between the southern boundary of Munden Point Road and the northern lot lines of lots owned by Loyalty Co., Inc. and Elwood Waterfield, Sr. as shown on the attached plat. FIRST STREET. All that portion of "First Street" lying south of the southern line of land owned now or formerly by Elwood M. Grant and Elwood Waterfield, Sr., as shown on the attached plat. RIVER AVENUE. All that porti)n of "River Avenue" lying between the eastern boundary of "Second Street" and the western boundary of "First Street", as described above, and as shown on the attached plat. BEING the same streets as shown on a certain plat of Norfolk Southern Railroad Co. located in Map Book 36 at page 13 with respect to a certain plat dated May 1, 1954, showing property of Elwood M. Grant and Elwood Waterfield, Sr. located at Munden Point, said plat being recorded in Map Book 36 at page 22. The said First Street, Second Street and River Avenue being shown also on that certain plat entitled "Plat Showing 3 / 2 6/ 7 9 6 7- i- 4- P4,i 978 Approximate Location of First Street, Second Street and River Avenue" dated November 20, 1978, and made by Gallup Surveying, Ltd., which said plat is attached hereto and made a part hereof and intended to be recorded with any ordinance closing the said streets. 2. That your Petitioners are all of the adjacent landowners to all of the aforesaid streets and that no inconvenience will result to any person or persons by reasons of said closing, vacation and discontinuance of the said streets; and that the Petitioners pray that this Honorable Council appoint Viewers as provided by law to view the said platted streets proposed to be closed and to report in writing to the Council on or before the day of 1 1979, as to whether in the opinion of said Viewers what inconvenience, if any, would result from the discontinuance ,d cl,sing ,f these streets, as herein reported and described. 3. That on the 9th day of January, 1979, Notice of presenting this Petition was posted at the Courthouse of the Circuit Court of the City of Virginia B--ach, Virginia, on the premises to be closed, and at the City iall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a co3y of the said Notice. 4. That your Petitioners constitute all of the adjacent landowners of all the lands lying on either side of the said streets and that each of them, by their joinder in this Petition, consents and agrees to the cl)sure of all of the said streets and that no other party is known to be affected thereby. Respectfully submitted, ALBERT N. HENLEY, VIVIAN V. HENLEY, ELWOOD GR,@NT, VERNA M. GRANT, ELWOCD WATER 1), SE Y CO., INC. B y Counsel Kellam, Pickrell & Lawler (Edwin C. Kellam & Thomas M. Haskins) 1020 First & Merchants National Bank BI g. Norfolk, Virginia 23510 and Gordon E. Campbell Campbell, Lustig & Hancock Virginia National Bank Building Norfolk, VirRinia 3/26/79 VIRG @4 tkf Cle,k',, h 6 ..... ........ 1 19. at e Ci""t C@@" Viginia Bea,h.@@dy re,tili,6t8 -f -,k@owl,dg@@ ... this instr,,@e,,, w- receilld @ has been nt lbereto @nnexed, admitt,d to record. , It@n tbe x paid, i@ tbe amount 'Tle k u . .......... ... Ly ;58-54, 1 @f he C@de, TESTE: J. CURTIS FR IT, Cl@rk ........... B CL - 6 8- On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, City Council voted to APPROVE the Ordinance closing, vacating and discontinuing portions of Second Street, First Street, and River Avenue, in the Pungo Borough; subject to the following stipulation: Vacation of the existing lot lines by plat record ation in o rd er to i nsure that aII lots will have access to a public street. Voting 9- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: Barbara M. Henley Council Members Absent: Clarence A. Holland, M.D. - 6 9- (ITEM II-I.3.a.1) ITEM #13498 SECOND READINGS On motion by Councilwoman Oberndorf, seconded by Councilman Riggs, City Council voted to ADOPT ON SECQND READING the Ordinance to accept $1,187,689 from the Southeastern Tidewater Area Manpower Authority and to appropriate $759,191 of these funds. Voting : I 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 70 - AN ORDINANCE TO ACCEPT $1,187,689 FROM THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY AND TO APPROPRIATE $759,191 OF THESE FUNDS WHEREAS, the City Council, of February 7, 1977, approved an initial award totaling $290,000 from the Southeastern Tidewater Area Manpower Authority (STAMA) for the purpose of establishing an employ- ment program under Title VI of the Comprehensive Employment and Train- ing Act of 1973 (CETA); and, WHEREAS, the City Council has since approved modifications to increase the funding by $3,027,294, of which $479,655 was for Non-City Hall Projects, and required no appropriations; and, WHEREAS, STAMA has approved $1,187,689 in additional funding $428,498 of which is for non-City Hall Projects, and therefore needs no appropriation), which the City Council wishes to accept. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That additional funding from STAMA be accepted and appropriated for the following purpose: Estimated Revenue Total From Other Agencies Appropriations CETA - Title VI $759,191 $759,191 BE IT FURTHER ORDAINED that the appropriations will be financed 100% by federal funds, with no local match required; and, BE IT FURTHER ORDAINED that a total of one hundred sixty personnel positions are hereby authorized for the duration of the Grant, to be paid from the Grant, with classes of employees to be determined by the City Manager. FIRST READING: March 19, 1979 SECOND READING: March 26. 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixthday of March I 1 9 7 9. - 71 - (ITEM II-I.e.l.b) ITEM #13499 On motion by Councilwoman Oberndorf, seconded by Councilman Riggs, City Council voted to ADOPT ON SECOND READING the Ordinance to accept $1,018,801 from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds. voting: 1 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 7 2- AN ORDINANCE TO ACCEPT $1,018,801 FROM THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY AND TO APPROPRIATE THESE FUNDS WHEREAS , the City Co uncil, on Marc h 7 , 1 977 , appro ved an initial award totaling $34,173 from the Southeastern Tidewater Area Manpower Authority (STAMA) for the purpose of establishing an employment program under Title II of the Comprehensive Employment and Training Act of 1973 (CETA); and, WHEREAS, the City Council has since approved modifications to increase the funding by $944,880, and, WHEREAS, STAMA has appro ved $1 01 8, 801 in addit i ona l f und i ng , which the City Council wishes to accept. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That additional funding from STAMA be accepted and appropriated for the following purpose: Estimated Revenue Total From Other Agencies ro riations CETA - Title II $1,018,801 $1,018,801 BE IT FURTHER ORDAINED that the appropriations will be financed 100% by federal funds, with no local match required; and, BE IT FURTHER ORDAINED that a total of one hundred sixty personnel positions are hereby authorized for the duration of the Grant, to be paid from the Grant, with classes of employees to be determined by the City Manager. FIRST READING: March 19, 1979 SECOND READING: March 26, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth- day of March 1 1979 - 7 3- (ITEM II-I.3.2) ITEM #13500 On motion by Councilman Merrick, seconded by Councilman Ferrell, City Council voted to ADOPT ON SECOND READING the Ordinance to appropriate $25,000 for the recodification of the Code of the City of Virginia Beach, Virginia. Voting: 1 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 7 4- AN ORDINANCE TO APPROPRIATE $25,000 FOR THE RECODIFICATION OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the present Code of the City of Virginia Beach was published in 1963 and now contains eighteen supplements thereto; and, WHEREAS, it is recommended by the editorial staff of Municipal Code Corporation, publishers of the Code, that recodification should take place at least every ten years; and, WHEREAS, sixteen years have transpired since this project has been done. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the amount of $25,000 is hereby appropriated to account number 0215 of the Law Department to accomplish the above purpose. Adopted by the Council of the City of Virginia Beach, Virginia, on the h day of March 1 9 7 9 FIRST READING: March 19, 1979 SECOND READING: March 26, 1979 - 7 5- (ITEM II-I.3.3) ITEM #13501 On motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council voted to ADOPT ON SECOND READING the Ordinance to appropriate funds in the amount of $39,700 for a modular relocatable building for the Department of Mental Health and Mental Retardation. Voting : I 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 7 6- AN ORDINANCE TO APPROPRIATE FUNDS FOR A MODULAR RELOCATABLE BUILDING WHEREAS, the Department of Mental Health and Mental Retardation (DMH/MR) is in need of additional space for current services; and, WHEREAS, the Department of General Services will lease to the DMH/MR, at a fair rental rate, a modular relocatable building; a n d , WHEREAS, the DMH/MR will be using federal and state funds for part of the rent payments. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds are hereby appropriated for the purchase of a modular relocatable building, as follows: Total Appropriations General Services $39,700 BE IT FURTHER ORDAINED that the appropriations be transferred from General Fund Balance. FIRST READING: March 19, 1979 SECOND READING: March 26, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twehty-Sixth day of March 1979 - 7 7- (ITEM II-1.3.4) ITEM #13502 On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to ADOPT ON SECOND READING the Ordinance to accept a Grant totaling $63,927 from the Dfvision of Justice and Crime Prevention and to appropriate these funds. Voting : 1 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 78- AN ORDINANCE TO ACCEPT A GRANT TOTALING $63,927 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Commonwealth's Attorney desires to more effectively prosecute career criminals and major violators charged with crimes; and, WHEREAS, the Division of Justice and Crime Prevention (DJCP) has approved second year funding to accomplish the above objective. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a Grant be accepted and appropriated for the following purpose: Estimated Revenue Local Total From Other cies Match Appr tions Major Violator Unit $60,729 $3,198 $63,927 That the appropriations be financed by $60,729 estimated revenue from the DJCP, and a local share of $3,198 to be transferred from the City's Unappropriated Fund Balance; and, That a total of three (3) personnel positions be authori zed for the duration of the Grant , to be pai d from the Grant, with classes of employees to be determined by the City Manager. FIRST READING: March 19, 1979 SECOND READING: March 26, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March 1 1979. - 7 9- (ITEM II-I.3b.1) ITEM #13503 FIRST READINGS On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to ADOPT ON FIRST READING the Ordinance to appropriate $30,000 for the acquisition of Woodstock Cove Park. Voti ng : I 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 80 - AN ORDINANCE TO APPROPRIATE $30,000 FOR THE ACQUISITION OF WOODSTOCK COVE PARK WHEREAS, negotiations between City Officials and W. W. Reasor Enterprises have been conducted concerning property in Woodstock Cove; and, WHEREAS, such negotiations have lead to a mutual agreement between the parties whereby the City will purchase for $30,000, Lot 20 in the Woodstock Cove subdivision to develop an 8.5 acre park; NOW, THEREFORE, BE IT ORDAINED BY THE CBUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT funds in the amount of $30,000 be appropriated from the General Fund Balance to the Department of Parks and Recreation for the acquisition of Woodstock Cove Park. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979. FIRST READING: March 26, 1979 SECOND READING: - 81- (ITEM II-1.3b.2) ITEM #13504 On motion by Councilman Baum, seconded by Councilman Riggs, City Council voted to ADOPT ON FIRST READING the Ordinance to appropriate $60,000 for Dredging of Rudee Inlet. Voting: 1 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 8 2- AN ORDINANCE TO APPROPRIATE $60,000 FOR DREDGING OF RUDEE INLET WHEREAS, it is the desire of City Council to maintain the channel between the jetties open to boating traffic using Rudee Inlet; and, WHEREAS, it is appearent that the Inlet has become shoaled with sand thereby creating a hazard to navigation; and, WHEREAS, the dredge equipment operated by the Virginia Beach Erosion Commission is unable to operate efficiently in the surf and tidal conditions at that location; and, WHEREAS, it has been estimated that the clearing of the channel could be performed by a commercial dredge company for approximately $60,000 to complete the job expeditiously. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $60,000 be appropriated from the General Fund Balance for the purpose of dredging the Rudee Inlet Channel; and, BE IT FURTHER ORDAINED that the City Manager is authorized to enter into a contract with a commercial dredge company to perform the dredging operation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 9 7 9. FIRST READING: March 26, 1979 SECOND READING- - 83- (ITEM II-1.3b.3) ITEM #13505 On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted to DEFER FOR ONE WEEK 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: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 84- AN ORDINANCE TO APPROPRIATE $26,000 FOR APPRAISALS AND TITLE REPORTS OF 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 has the opportunity to acquire such lots in the Chesapeake Beach area; and, WHEREAS, a detailed appraisal and title report of each lot 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 lot. 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. DEFERRED ONE WEEK: March 26, 1979. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979. FIRST READING: SECOND READING- - 8 5 - (ITEM II-I.3b@4) ITEM #13506 On motion by Councilman Riggs, seconded by Councilman Payne, City Council voted to ADOPT ON FIRST READING the Ordinance to provide additional positions and necessary appropriations for essential City operations in the amount of $39,906. Voting : I 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 86- AN ORDINANCE TO PROVIDE ADDITIONAL POSITIONS AND NECESSARY APPROPRIATIONS FOR ESSENTIAL CITY OPERATIONS IN THE AMOUNT OF $39,906 WHEREAS, the Police, Fire and Correctional functions have utilized Grant funds to provide additional positions pending the availability of City funding; and, WHEREAS, the Grant for these positions will expire April 1, 1 979; and, WHEREAS, these City agencies will lose operating efficiency if the funding for the positions is not continued; and, WHEREAS, the Police, Fire and Correctional functions require the addition of two, four and twelve positions respectively; and, WHEREAS, appropriations in the amount of $4,734, $9,648 and $25,524 are necessary to support the respective positions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That, effective April 1, 1979, transfers of appropriations from General Fund Balance and allocation of additional positions be recorded as follows: I - Evidence Technician I $ 2,412 1 - Communications Officer II 2,322 Total Police $ 4,734 Fire Department 4 - Fire Fighters $ 9,648 Correctional Operations 12 - Correctional Officers -$25,524 TOTAL APPROPRIATIONS REQUIRED $39,906 FIRST READING: March 26, 1979 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the I lday of 1 1979. - 8 7- (ITEM II-I.3c.1) ITEM #13507 The following bids have been received for Broad Bay Manor - Division I, Road "A" and Utilities: Asphalt Roads and Materials Company, Incorporated $878,176.81 Warren Brothers Construction Company $898,968.72 Suburban Grading and Utilities Incorporated $904,522.85 Contractors Paving Company, Incorporated $908,016.88 Engineer's Estimate $733,286.00 On motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to APPROVE the low bid of Asphalt Roads and Materials, Company, Incorporated, in the amount of $878,176.81, for the Broad Bay Manor - Division I, Road "A" and Utilities project; and, further authorized the City Manager to enter into the necessary agreements in order to implement this project. Vot i ng : I 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, M.D. - 88- (ITEM II-I.3d.1) ITEM #13508 CODE AMENDMENTS On motion by Councilman Baum, seconded by Vice Mayor McCoy, City Council voted to ADOPT the Ordinance to amend and reordaifi Section 2.47.1 of the Code of the City of Virginia Beach, Virginia, relating to Settlement and Adjustment of Claims. Voting: I 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay-, None Council Members Absent: Clarence A. Holland, M.D. - 89- AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-47.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO SETTLEMENT AND ADJUSTMENT OF CLAIMS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: The City Attorney is hereby authorized to settle, in such manner as he may deem proper, any claims referred to him by the Director of Finance that the City may have from time to time for property damage or other loss where such damage or loss does not exceed Twenty-Five Thousand Dollars ($25,000) and the Director of Finance shall credit any sums so received by the City to the proper account. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of March, 1979. - 90 - (ITEM II-K) ITEM #13509 Councilman Baum indicated the Council was not doing the public a favor when they, and the staff, are allowed to place before them at the last minute speeches, mail, etc., as it does not give Council ample time to read it. The City Clerk indicated she had informed her staff that all matters must go through the Clerk's Office before Council receives i t . ITEM #13510 Vice Mayor McCoy indicated that TRT has studied the bus line on Independence Boulevard and found it to be a feasible operation. The cost will be $50,000 for the year, and it has already been budgeted. ITEM #1 3511 Councilwoman Oberndorf indicated that Kempsville and County Utilities is asking for a rate increase. In view of the fact that citizens in the area using Kempsville and County Utilities have already paid the Company, Councilwoman Oberndorf asked the City enter in as a protestant in the request of the Utilities Company for a rate increase. The City Manager requested the City Attorney study the notices received by the residents in the area, and report back to Council as to the various rate structures. (ITEM II-L) ITEM #13512 NEW BUSINESS Councilman Ervin requested Resolutions be prepared for the Lady Monarchs for their winning the National Basketball Championships. The Resolutions are to be prepared so each member of Council can sign them. - 91 - (ITEM II-L.1) ITEM #13513 Mr. Donald H. Rhodes appeared before City Council regarding the Wilhoit Site Plan, Attorney for the applicant. Mr. Rhodes indicated that Mr. Wilhoit owns prooerty in the Hilltop area, north side of Laskin Road, and purchased sometime back the parcel adjacent to his property. Mr. Wilhoit wishes to brick the buildinq and -oaint the interior, and wanted to add Parkinq. He went to the Building Inspectors Office and was tole he had to have Site Plan approval if he wanted to add the parkina lot. The site plan was approved by the various departments. He then returned to the Building Inspectors office and was told that lie would not receive his building permit until he had also put in curb and gutter. Mr. Wilhoit asked if he could return to his original plan and omit the parking, the Inspector informed hin he could not and would not receive his permit until he had complied with all requirements. The City Manager indicated the City disagrees with Mr. ivilhoit. The property parking has been utilized in the City's right-of- way, and with the change there will be a change in parking. The City requested they appear before the Board of Zoning Appeals, which they did and were granted a variance to permit them to reduce their parking from 36 spaces to 25. The site plan will be based on the reduction in the parkina. Council requested the City Manager to meet with Mr. Rhodes and report back to Council. ITEM #13514 on motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council adjourned at 11:15 p.m. Riith Hodgeg Smitli, City Clerk Lck L.-Standing City of Virginia Beach, Virginia March 26, 1979 h 3 / 2 6 / 7 9