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HomeMy WebLinkAboutMARCH 19, 1979 CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: MONDAY, 19 MARCH 1979 - 12:30 p.m- A. CALL TO ORDER - MAYOR PATRICK L. STANDING B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS I DeveLo2ment loan program b. Discussion of the Community Development Corporation 2. 1979 Charter Bond I.ssue and 1980 Revenue S ar ng Programs: opose @ expenditures ana timetable for consideration. 3. @o ection Days for Selected Areas witnin tne ity- Discussion 4. McDonald's Corporation: Discussion of e@mo-d-eTi-n of the McDonald's located on Atlantic Avenue. ITEM II FORMAL SESSION: MONDAY, 19 MARCH 1979 - 2:00 p.m- A. INVOCATION - Rabbi Israel Barnstein, B'nai Israel Congregation. B. PLEDGE OF ALLEGIANCE C . ROLL CALL OF COUNCIL D. MINUTES OF REGULAR PREVIOUS MEETING 1. Motion to accept/approve the Minutes of March 12, 1979 E. RESOLUTIONS 1. Resolutions of Appreciation to be presented to Members of the Mayor's Committee on the Pendleton State Recreational Park by Mayor Patrick L. Standing. 2. Letter from the City Manager recommending that City Council approve a Resolution ratifying the City Manager's agreement with the Virginia Housing and Development Authority for the Community Development Loan and Grant Program. 3. Letter from the City Manager recommending that City Council approve a Resolution authorizing the substitution of two Public Improvement Bonds of the City of Virginia Beach, Virginia, one in the amount of $500,000 and the other in the amount of $625,000, in exchange for and in cancellation of a single $1,125,000 Public Improvement Bond, heretofore authorized and previously issued in connection with the Bow Creek Project, with the understanding that all fees and costs incurred are to be paid by Sandra H. and Edward S. Garcia. 4. Letter from the City Manager recommending that City Council approve a Resolution endorsing House Resolution 1151 which would provide for our reimbursement in the amount of $1,630,000 which was authorized for bulkheading and stabilization of the Long Creek Canal. 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 approve an Ordinance to authorize the acquisition of property in fee simple for right-of-way for water system improvements - Birdneck Road to Atlantic Avenue and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. 2. Letter from the City Manager recommending that City Council approve an Ordinance to authorize the acquisition of property in fee simple for right-of-way for intersection of Kempsville Road and Centerville Turnpike and the acquisition of temporary and permanent easements of right-of- way, either by agreement or by condemnation. 3. Letter from the City Manager recommending that City Council approve an Ordinance to amend and reordain Section 5-7(f) of the Code of the City of Virginia Beach, Virginia, relating to bird sanctuaries, by adding the Subdivision known as Bayville Park. 4. Letter from the City Manager recommending that City Council approve the request of Mr. John T. Atkinson, City Treasurer, for tax refunds in the amount of $1,621-54. H. PLANNING ITEMS 1. RECOMMENDATIONS a. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of James W. Hall for a subdivision variance on a .367-acre site located at the northeast intersection of Lauderdale Avenue and Bayview Avenue (Bayside Borough). The applicant has requested a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. He wishes to subdivide his site into three (3) lots. This proposed subdivision consists of an existing 5,243 square foot lot, as well as an area that was formerly part of the right- of-way of Lauderdale Avenue. It was recommended that this variance be granted subject to the elimination of the proposed lot line between Lots A and B to create only two total lots. b. Letter from the City Manager transmitting the request of Mr. John W. Siebert for withdrawal of his request for a subdivision variance on a 48.96-acre site located on the north side of Hungarian Road, west of Blackwater Road (Blackwater Borough). The applicant has submitted a site plan which is in compliance with the Subdivisioh Ordinance and the variance is no longer needed. C. Letter from the City Manager transmitting the recommendation of the Planning COMMiSSiOn for denial of the application of John D. Holland, Jr., and Rita H. Joyner for a change of zoning from R-6 Residential District to B-2 Community- Business District on a .285-acre parcel located on the east side of Witchduck Road, south of Erskine Street (Bayside Borough). d. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of John E. Sirine, etal, for a change of zoning from 0-1 Office District to B-3 Central-Business District on a 4.466-acre parcel located on the south side of Bonney Road, west of Bendix Road (Kempsville Borough). e. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of E. V. Williams Company, Inc., for a conditional use permit to amend the conditions associated with a prior conditional use permit for a borrow pit approved for this site on June 5, 1978. The intent of this application is to extend the period of tim6 for which the conditional use permit is valid for an additional year. In addition, the borrow pit is to be used as a storm drainage outfall for the Kempsville Road, Phase I, Project. f. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Salzberg Properties, Inc., for a conditional use permit for an automobile service station (self-service) on a 20,000-square foot parcel located on the northwest intersection of Lynnhaven Parkway and South Lynnhaven Road (Relocated) (Princess Anne Borough). g. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Nicholas Christie and John Hadjikakos for a conditional use permit for a bicycle rental on a 15,000-square foot parcel located on the east side of Atlantic Avenue, north of 27th Street (Virginia Beach Borough). h. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Norman D. Fussell for a conditional use permit for a recreational facility of an outdoor nature (putt-putt golf course) on a .241-acre parcel located on the south side of 17th Street, west of Atlantic Avenue (Virginia Beach Borough). ORDINANCES 1. ORDINANCES IN GENERAL - NONE 2. GRANTS a. Letter from the City Manager recommending that City Council approve an Ordinance to accept a Grant totaling $63,927 from the Division of Justice and Crime Prevention and to appropriate these funds. 3. APPROPRIATIONS a. SECOND READINGS 1. City Council is requested to approve on second reading an Ordinance to appropriate funds for sewer system improvements to the recently acquired Aragona, Princess Anne, and Pembroke Utilities. ($425,000) b. FIRST READINGS 1. Letter from the City Manager recommending that City Council approve, on first reading, the following Ordinances. a. An Ordinance to accept $1,187,689 from the Southeastern Tidewater Area Man- power 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. Letter from the City Manager recommending that City Council approve, on first reading, an Ordinance to appropriate $25,000 for the recod if icat i oh of the Code of the City of Virginia Beach, Virginia. 3. Letter from the City Manager recommending that City Council approve, on first 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. c - BIDS 1. Letter from the City Manager recommending that City Council approve the low bid of A. Stanley Mundy & Company, in the amount of $104,842.20 for the Birdneck Road to Atlantic Avenue water line project. 2. Letter from the City Manager recommending that City Council approve the low bid of Suburban Grading & Utilities, Inc., in the amount of $497,792 for the Lynnhaven Colony Phase 3, Section 1, sanitary sewerage facilities project. 4. CITY CODE AMENDMENTS - NONE J. ADDITIONAL ACTION ITEMS 1. Letter from the City Manager recommending that City Council approve installation of a gravity sewer extensioh from the existing manhole at at the intersection of Gloria Place and Mable Lane in Hilltop Manor, in order to eliminate a health hazard caused by malfunctioning septic t a n k s - K. OLD BUSINESS L. NEW BUSINESS M. ADJOURNMENT 1. MOTION TO ADJOURN Minutes of the Honorable City Council OF THE CITY OF VIRGINIA BEACH, VIRGINIA March 19, 1979 The regular meeting of the Council of the City of V@-rginia Beach, Virginia, was called to order by Mayor Patrick L. Standinq, in the Conference Room, in the Administration Building, on Monday, March 19, 1979, at 12:30 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, Roger L. Riggs, and Patrick L. Standing Council Men@bers absent: Clarence A. Holland I14FOPJ,IAL SESSION ITEII #13433 Mayor Standing entertained a motion to permit Council to conduct an I14FOPI,IAL SESSION. There was no EXECUTIVE SESSION. on motion by Councilwoman Oberndorf, seconded by Councilman Riggs, Ci@y Council voted to proceed into the INFORMAL SESSION. vot(-,: 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. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 3/19/79 2 - COUNCILMAN HOLLAND ENTERD MEETING AT 12:35 p.m. HOUSING AND COMMUNITY DEVELOPMENT ITEM #13434 The City Manager indicated that as Council is aware, Mrs. Margaret White Regional Director of HUD, gave the City until March 1, 1979 to have a full lending vehicle established in Virginia Beach. Mrs. White agreed to an extension to March 15th. The City Manager indicated he had a meeting with Mrs. White, along with the Chairman of the Community Development Advisory Committee, Reverend Thorogood, as well as Benjamin Moore and George E. Tinnes, to point out to Mrs. White the City not only needed to have this vehicle established but also needed to transfer funds from "Fifth" year funding to "Fourth" year funding, and from "Fourth" year funding to "Third' year funding. Mrs. White indicated that no funds would be allowed to be transferred by HUD, nor would any funds be released, and Virginia Beach could lose the Communty Developraent Block Grant IF they had not established some type of lending vehicle by March 15, 1979. The City Manager indicated he discussed the meeting with the Community Development Corporation and informed the Corporation he had to proceed with some type of vehicle, and hopefully establish it with the Corporation; however, if this could not be done, the City Manager would have to pursue other alternatives. Mr. Benjamin Moore and Mr. George Tinnes have been working with the Virginia Housing Authority and the City Manager noted originally he would not encourage going with the Virginia Housing Development Authority as they are in Richmond, and the delay in processing the loans; however, Virginia National Bank is the local office for VHDA; therefore, if the City went VHDA the loans possibly could be processed locally. VHDA has their own program at 8-3/4 percent. It has not been a very successful one in the State and has notbeen utilized that much. What the City can do with the Commnity Development money now by contracting with VHDA is VHDA can put up $500,000 of their money, in addition to the Community Development funds. Then Community Development can pay the difference between 8-3/4 percent and what the City would like to lend to the people in the target neighborhoods, which is 3 percent. For every dollar spend of Community Development funds, the City can receive two dollars of VHDA funds. The Contract is so flexible that if the person does not comply with VHDA standards than the City of Virginia Beach can contract with its own lending instituion, such as any bank or savings and loan, or if they do not qualify for that, they can receive an out-right grant. The City Manager indicated he signed an agreement with VHDA in order to satisfy HUD's deadline of March 15, 1979. On the FORMAL AGENDA is a Resolution requesting Council to RATIFY the City Manager's agreement with the Virginia Housing Development Authority for the Community Development Loan and Grant Program. - 3- Mr. Sam Houston, Chairman of the Community Development Corporation, presented to Council his report on the Community Development Advisory Committee, and the Community Development Corporation. Mrs. Betty McClane, Secretary of the Community Development Advisory Committee, and the Community Development Corporation, appeared regarding this matter; however, Mrs. McClane spoke for the League of Women Voters. Mr. Charles M. Reynolds, Treasurer, Community Development Corporation, appeared regarding this inatter, also. Council instructed the City Manager to meet with the Community De- velopment Corporation to discuss this rqatter, and to report back to Council on March 26, 1979. MCDONALD's CORPORATION ITEM #13435 The City Manager indicated McDonald's Corporation has attempted to locate a restaurant in the Old Surry Cafateria building, on the east side of Atlantic Avenue. It has been zoned hotel, but for many years has been used in a non-conforming use. Originally, McDonald's came in with a set of plans that called for the destruction of three walls, roof and floor. The Building Inspector considered that more than modifications under the existing ordinance, and requested they appear before the Board of Zoning Appeals. The BZA denied their request, and they retlirned to the City with a new set of plans which left all the walls and structures, with cosmetic type work. There are two conflicting sections of the ordinance (Comprehensive Zoning Ordinance), one mentions there will be no structural changes. The second indicates there will be no voluntary damage up to 25 per cent of replacement. In the opinion of the City Manager and the Department of Permits and Inspections, the renovations can be made under the existing ordinance, and they do comply with the 25 percent replacement clause. Therefore, the City Manager recommended McDonald's Corporation be allowed to get a building permit. Mr. Grover C. Wright, Jr., Attorney, for the Innkeepers of Virginia Beach appeared regarding this matter. Mr. Wright indicated he didn't know why this was coming before Council todav as the Board of Zoning Appeals denied their request for a variance. It was not appealed. However, if they came in for a buildinq permit, and they complied with the law then there is no reason this matter should be before Council today. If a building permit is issued and someone indicates it doesn't comply with the law then there is a process whereby tlie aarieved party can appeal it. The City Manager indicated it was not McDonald's Corporation askinq for Council's "blessing", he brought it up mainly for Council's information only. 3/1 9/ 79 - 4- 1979 CHARTER BOND/1980 REVENUE SHARING ITEM #13436 The City Manager indicated that by federal law he has to have an administrative hearing prior to Council's public hearing on the Revenue Sharing. The City has always attempted to use Revenue Sharing as another source of bonding capabilities; consequently, whenever the City has gone with Revenue Sharinq it has tried to show how that would tie in with Charter Bonds, and how that could be used to supplement the Charter Bond Program. The City Manager indicated, if it met with Council's approval, he would like to advertise for an Administrative Public Hearing for March 30, 1979. A majority of the projects are a continuation of previously authorized projects and are necessary at this time for approval in order to insure sufficient cash flows: SCHOOL PROJECTS $31,000,000 Career Development Center $1,766,752 - to cor-Aplete Green Run Senior High School 2,329,207 - to complete Indian Lakes Elementary School 740,000 - finalize payment New Senior High School 150,000 - municipal plans Old Donation Gifted 100,000 - plans HIGHWAY PROJECTS $17,222,238 (Citv funds) First Colonial Road, Phase II (2-709) $922,000 $3.5 Million (State) Kempsville Road, hase I (2-805) $685,150 $3.1 Million (State) (Providence Road to Indian River Road out for bid in January, 1980) Princess Anne Road, Phase I (2-302) $583,190 $3.2 Million (State) (Newtown Road to Parliament Drive out for bid in April, 1979) North Witchduck Road (2-408) $990,000 $5.1 Million (State) (out for bid in November, 1979) 19th Street Improvements (2-822) $780,000 (Parks Avenue, east to Baltic Avenue) Canal #2 Project (2-204) (Underway) Dredging Eastern Branch of the Lynnhaven River (2-712) (Funds are needed for Environ- mental Impact Statement - becrin dredging next summer) Highway Safety Improvements Projects (small rojects (2-816) throughout the City which would be essential to improve traffic flows) 3/19/79 - 5- Independence Boulevard, Phase I (2-818) $1.5 Million (High School & (complete City funds, no federal or two-lane road state funds involved) Independence Boulevard, Phase II(2-824) $120,000 (Charter Bonds) (Partial - throu h@Timberlake) $123,000 (prior funding) Lynnhaven P@rkway (2-807) (widening t. 6 lan@s (if Milton Simons would agree to pave 3 lanes on opposite side - has agreed to pave 2) Lynnhaven Parkway, Phase II (2-404) (Begin construction in (from Virginia Beach Boulevard April, 1979) to sharp curve at Toll Road) Lake Pembroke Spillway (2-825) (Begin work in April, 1979) Nanney's Creek Bridge Replacement(2-913) (Begin in March of 1980) Pleasure House Road, Phase I (2-509) (Construction beginning July, 1980) Traffic circle - Atlantic Avenue ano (Temporary modification) Pacific Avenue (added by City Mallager) Virginia Beach Boulevard, Phases II & III (Plans and Engineerincj) (Toll Road to Atlantic Ocean) (2-929) BUILDING PROJECTS 30th Street Restrooms (3-613) (Continuinc .j project) Arts and Conference Center (3-302) (Continuing project) Bendix Road Refuse Facility (3-713) (provide showers, lockers, etc., for workmen) Chiller - Central Heating Plant (3-917) (Expansion to meet all requireinents for buildings in Municipal ComDlex) City Garage (3-616) (Expansion) Coast Guard Station (3-922) (Move and refurbish) Fire Station - Kempsville (3-500) (ReT)lace existing building) (Located on Princess Anne Road) Operations Building (Payments) PARKS AND RECREATION PROJECTS Bayville Farms Park (4-202) (Finalize) Mount Trashmore - Boat Dock (4-907) Woodstock Park (4-302) (Development) 3/1 9/ 79 6- Pungo Senior Center (4-909) (Development) PROPOSED CHANGE - REFUSE COLLECTION ITEM #13437 The City Manager indicated that refuse collection days will be changed in the Laskin Road, virginia Beach Boulevard and London Bridge area from Monday and Thursday to Tuesdays and Fridays. COASTAL CONTROL ORDINANCE ITEM #13438 The Coastal Control ordinance will be heard at a Public Hearing on Monday, March 26, 1979. The Mayor requested the City Attorney to review the Planning Commission recommendations and give Council his opinion as to any probleras which may arise; and further to have in the agenda both versions of the ordinance. 3/1 9/ 79 - 7 - FORMAL SESSION ITEM #13439 Monday, march 19 2:15 p.m. Council Members present: John A. Baum, F. Reid Ervin, George R. rerrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members absent: None INVOCATION was given by Rabbi Israel Barnstein, B'nai Israel Congr gation. PLEDGE OF ALLEGIANCE (ITEM II-DL) ITEM #13440 MINUTES On motion by Councilman Ferrell, seconded by Councilman Baum, City Council voted to approve the Minutes of the Regular meeting of March 12, 1979, as the minutes had previously been distributed to Council for their consideration. Vote: 11-0 Council Members Voting Pye: John A. Baum, F. Reid Ervin, Georae R. Ferrell, Barbara 14. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 3/1 9/ 79 - 8- ITEM #13441 Mayor Standing introduced Mrs. Garrison and her 6th Grade from White Oak Elementary School. Mrs. Garrison's class is studying government. ITEM #13442 Mr. Mike Worrell appeared before Council regarding his forthcoming race from Fort Lauderdale to Virginia Beach; the race is entitled "The Worrell 1000". Mr. Worrell also presented a film of his previous two races. ITEM #13443 Mr. A. Joseph Canada appeared before Council regarding the opening of Rudee Inlet. Mr. Canada indicated there have been two accidents within a week, and it is dangerous for all concerned. The Erosion Commission dredge will not be ready for three months, and something should be done. The City Manager indicated he went into Rudee Inlet last week to determine the problem. There are two sandbar areas that have built up; one on the north jetty and one on the south jetty. The City Manager asked the Erosion Commission to work on the problem and they have as of 3:30 a.m. (March 19, 1979), been able to successfully take out a lot of material from the sandtrap, and to remove the bar on the south side. The City Manager further indicated he has gotten a price from an Engineering firm for the work, if the Erosion Commission could not do it, Cockrell Engineering, $35,000 for mobilization and demobilization; $5,000 a day work. The City Manager noted that if the Erosion Commission has not been able to proceed by Wednesday, March 21, 1979, he will tell Cockrell Engineering to proceed with the work, and will bring an Ordinance to Council on this matter. (ITEM II-E.1) ITEM #13444 The City Manager presented the following Resolutions to: H. Jack Jennings, Chairman Dorothy Traub Gerald Kosco Gerald Rosenmeier Phillip Terveer Charles Krummell George Ayers Alice Hanson W. H. Kitchin, III William Foster, Jr. Arthur L. Collins David M. Grochmal Aubrey Cartwright J. Gerald Cicatko for their unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens, as members of the Mayor's Committee on Pendleton State Recreation Park: - 9- R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Recreatio nal Park was appointed in November 1 978 as a citi zen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use ; and , WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that H. Jack Jennings, Jr., a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. a@t r-I 9 Mayor -10- R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Recreational Park was appointed in November 1978 as a citizen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use ; and , WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW , THEREFORE , BE IT RESOLVED by the Counc i 1 of the City of Vi rgi ni a Beach that Geral d Kosco a member of the Mayor ' s Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor -11- R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Recreational Park was appointed in November 1978 as a citizen group to work toward s the City Co unc il' s s ho rt term obj ect ive s regard ing the con vers ion of Camp Pen dl e ton to pubii c recreationa l use ; and, WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that George L. Ayers, a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor - 1 2 - R E S 0 L U T I 0 N W HEREAS , the Mayor ' s Commi ttee on Pen dl e ton State Recreatio nal Park was appointed in November 1 978 as a citi zen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use ; and, WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council , and the City Admini stration as a vehic l e for gene rating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that W. Hugh Kitchin, III, a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor - 1 3- R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Re creationa l Par k was appo i nted in November 1 978 as a c iti zen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use; and, WHEREAS , the Commi ttee worked i ntensively thro ugh the 1 979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that Arthur L. Collins, a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor - 1 4- R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Recreational Park was appointed in November 1978 as a citizen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use ; and , WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that Dorothy Traub, a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor - 1 5- R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Recreational Park was appointed in November 1978 as a citizen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use ; and , WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that Gerald Rosenmeier, a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor - 1 6 - R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Recreational Par k was appointed in November 1 978 as a citi zen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use; and, WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that Charles Krummell, a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unself i sh ef fo rts in working to enhance the qua l ity of 1 i fe for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor - 1 7- R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Recreational Park was appointed in November 1978 as a citizen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use ; and, WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council , and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that Alice Hanson, a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council . Patrick L. Standing Mayor -18- R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Recreational Park was appointed in November 1978 as a citizen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use ; and, WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that William G. Foster, Jr., a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor - 1 9- R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Recreational Park was appointed in November 1978 as a citizen group to work towards the City Council 's short term objectives regarding the conversion of Camp Pendleton to public recreational use; and, WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that David M. Grochmal, a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor - 20 - R E S 0 L U T I 0 N W HE REAS, the Mayor ' s Commit tee on Pen dl eton State Recreational Park was appointed in November 1978 as a citizen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use; and, WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that artwright, a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor - 2 1 - R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Recreational Park was appointed in November 1978 as a citizen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use ; and, WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Vi rgini a Beach that Phill i p J . Te r veer , a member of the Mayor ' s Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor - 2 2- R E S 0 L U T I 0 N WHEREAS, the Mayor's Committee on Pendleton State Recreational Park was appointed in November 1978 as a citizen group to work towards the City Council's short term objectives regarding the conversion of Camp Pendleton to public recreational use; and, WHEREAS, the Committee worked intensively through the 1979 Session of the General Assembly with Virginia Beach Legislators, the City Council, and the City Administration as a vehicle for generating, coordinating, and demonstrating public support for the conversion of Camp Pendleton to a public recreational park; and, WHEREAS, their efforts have proven successful since the Adjutant General of the National Guard has now agreed to lease the total beach front at Camp Pendleton to the City of Virginia Beach over a three-year period for public recreational use. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that J. Gerald Cicatko, a member of the Mayor's Committee on Pendleton State Recreational Park, is congratulated for his unselfish efforts in working to enhance the quality of life for all Virginia Beach citizens; and, BE IT FURTHER RESOLVED that the Members of the Mayor's Committee on Pendleton State Recreational Park are formerly discharged with the knowledge that their work has been accomplished and with the gratitude of this Council. Patrick L. Standing Mayor - 2 4- A Regular Meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building on the Nineteenth day of March, 1979. On motion by Councilman Payne, seconded by Councilman Holland, the following Resolution was adopted. A RESOLUTION RATIFYING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANT LOAN PROGRAM DATED MARCH 15, 1979 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the execution by the City Manager and City Clerk are hereby ratified and authorized concerning an agreement, a copy of which is attached hereto, relating to Community Development Block Grant Loan Program Agreement, dated March 15, 1979. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of March, 1979. APPROVED: Mayor ATTEST: City Clerk - 2 5- ITEM II-E.3 ITEM #13446 On motion by Councilman Ferrell, seconded by Councilman Payne, City Council voted to approve or. FIRST READING the Resolution authorizing the substitution of two Public Improvement Bonds of the City of Virginia Beach, Virg3*-nla, one i-n the amount of $500,000 and the other in the amount of $625,000, in exchange for and in cancellation of a single $1,125,000 Public ImT:)rovement Bond, heretofore authorized and previously issued in connection with the Bow Creek Club Project, with the under- standing that all fees and costs incurred are to be paid by Sandra H. and Edward S. Garcia. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, "atrick L. Standing Council Members Voting Nay: None Council Members Absent: None 3/ 1 9/ 79 - 26 - RESOLUTION AUTHORIZING THE SUBSTITUTION OF TWO PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ONE IN THE AMOUNT OF $500,000 AND THE OTHER IN THE AMOUNT OF $625,000, IN EXCHANGE FOR AND IN CANCELLATION OF A SINGLE $1,125,000 PUBLIC IMPROVEMENT BOND, HERETOFORE AUTHORIZED AND PREVIOUSLY ISSUED IN CONNECTION WITH THE BOW CREEK CLUB PROJECT WHEREAS, the issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the amomt of $1,125,000 having been authorized by an Ordinance adopted by the Council of the City of Virginia Beach on November 25, 1974, to provide funds, together with other funds that may be available, for the purchase of the stock of National Clubs, Inc., as the owner of Bow Creek golf course and club, pursuant to an agreement between Sandra H. Garcia and Edward S. Garcia, her husband, and the City of Virginia Beach; and, WHEREAS, a single bond registered in the name of Sandra H. Garcia was issued on December 30, 1974, in the principal amount of $1,125,000 in connection with the purchase on that date of the stock of National Clubs, Inc., the terms of such bond having been prescribed by Resolution of the Council of the City of Virginia Beach adopted on November 25, 1974; and, WHEREAS, the bondholder has now requested that she be permitted to surrender the single bond for cancellation in exchange for the issuance of two new bonds, one in the principal amount of $500,000 and the other in the principal amount of $625,000. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGI@TIA BEACH, VIRGINIA: 1. Upon receipt of the single bond registered in the name of Sandra P. Garcia in the principal amount of $1,125,000 dated December 30, 1974, and previously issued by the City in connection with the purchase of the stock of National Clubs, Inc., and the marking by the bondholder of such bond as cancelled, the City shall issue two bonds registered in the name of Sandra H. Garcia, one in the principal amount of $500,000 and the other in the principal amount of $625,000. 2. The bonds shall each be in substantially the form of the single bond set forth in the foregoing Resolution adopted on 3/19/79 - 2 7 November 25, 1974, except that the principal amounts of such bonds shall be $500,000 and $625,000. 3. The Mayor and the Clerk are hereby authorized and directed to take all proder steps to have the bonds prepared and executbd in accordance with their terms and to deliver the bonds to Sandra H. Garcia or her attorney or agent upon the receipt of the aforesaid single bond marked cancelled by her. 4. The Resolution adopted November 25, 1974, referred to above is hereby deemed to be amended to the extent it is inconsistent herewith. 5. This Resolution shall take effect immediately. FIRST READING: March 19, 1979 SECOND READING: ADOPTED by the Council of the City of Virginia Beach, Virginia, on the day of 1979. 3/19/79 - 2 8- ITEM II-E.4 ITEM #13447 Upon motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted to adopt the Resolution endorsing House Resolution 1151 which would provide for our reimbursement in the amount of $1,630,000 which was authorized for bulkheading and stabilization of the Long Creek Canal. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 3/19/79 - 29 - Requested by: Patrick L. Standing, Mayor R E S 0 L U T I 0 N WHEREAS, the City of Virginia Beach has performed certain remedial engineering work to Long Creek Canal; and WHEREAS, House Resolution 1151 was introduced by the Honorable G. William Whitehurst in the Congress of the United States to aid the City of Virginia Beach in maintaining this project. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the Council of the City of Virginia Beach endorses House Resolution 1151, a copy of which is attached, and requests the Congressional Delegation from Virginia to support this legislation in the Congress of the United States. The City Clerk is hereby directed to forward a copy of this Resolution to each member of the Congressional Delegation from Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 day of March 1979. JDB:er 3-1 4- 79 J/19/79 96TIl CONGRESS aa 1ST SESSION H, To modify tlic navigation project for L3mnbaven Inlet, Bay, and connecting waters, Virgini&. IN TIM HOUSE OF REPRESENTAT@S JA-N'UARY 18, 1979 IVHITEIIURST introduced the fol]oNN!ng bill; %N-Iiichwas rcferred to the Committee on Ptiblic 11@orks and Transportation A P@@ILL To modify tlie na,,,@gation project for L@,nnhaven Inlet, Bay, ana coiiiiectiiig ivaters, Virginia. 1 Be it enacted by the Se?iate and Ilouse of Representa- 2 lives of the United States of A?7,ie74ca in Cong?,ess assemhled, 3 TI)at the iilvigatioii project for L),iinlia@,en Inlet, Bay, and 4 coniiecting N@,,iters, 17irgiiiia, autliorized by section 101 of the 5 River @,nd Tlarbo,- Act of 196'-' @'76 S'Lat. 11-13, 1174) is 6 liereby modified to atithorize the Secretar@ of the Army, 7 actiiig tliroti,li tlie Cliief of Ei),,ineers, to pay tbe city of 8 Virginia Beacli, Virgitila, $1,630,000, for the remedial work 9 to Long Creek Canal ,vliich tlic city NN-as rcqiiired to carry 10 out as a resiilt of such iiavigatioli project. 0 i - 31- ITEM II-G.1 ITEM #13448 CONSENT AGENDA Councilman Merrick requested information on the Ordinance authorizing the acquisition of i)roperty for right-of-way for water system improve- ments Birdneck Road to Atlantic Avenue. Mr. Merrick asked if this was going to Jefferson Street then down 19th Street? The City Manager assured Mr. Merrick it was, and explained that this was a portion going beyond Parks Avenue, on 19th Street, and work should be completed before the road is constructed. BOOK 2055 PAGE 172 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR WATER SYSTEM IMPROVEMENTS - BIRDNECK ROAD TO ATLANTIC AVENUE AND THE ACQUISITION OF TEMPORARY AND PERMANENT E@SEMENTS OF RIGHT-OF-WAY, EITHER BY AGREE@IENT OR BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project to provide water and for other public purposes for the preservation of the safety, health, peace, good order, convenience, morale and welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-236, et seq. and Section 33.1-89, et seq, Code of Virginia of 1950, as amended, all that certain real property in fee simple including temporary and permanent easements of right-of-way as shown on the plans entitled, "WATER SYSTEM IMPROVEMENTS, BIRDNECK ROAD TO ATLANTIC AVENUE 24" WATERLINE," dated September 15, 1978, these plans being on file in the Office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made in behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. - 3 2 - Section 3. That an emergency is hereby declared to exist and this Ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of March, 1979. Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City City Council voted to approve the Ordinance authorizing the acquisition of right-of-way for water system improvements - Birdneck Road to Atlantic Avenue and the acquisition of temporary and permanent easements of rights-of-way, either by agreement or by condemnation. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 3/19/79 - 3 3- ITEM II-G.2 ITEM #13449 BOOK 2055 PAGE 170 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR INTERSECTION OF KEMPSVILLE ROAD A@TD CENTER- VILLE TURNPIKE AND THE ACQUISITION OF TEMPORARY AND PRMANENT EASEMENTS OF RIGHT-OF-WAY, EITHER BY AGREEMENT OR BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, convenience, mor@e and welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VI@GINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemation pursuant to Section 15.1-236, et seq. and Section 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple including temporary and permanent easements of right-of-way as shown on the plans entitled, "CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION - INTERSECTION OF KEMPSVILLE ROAD AND CENTERVILLE TURNPIKE," these plans being on file in the Office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made in behalf of the City of Virginia Beach, to the extent that funds are avilable, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this Ordinance shall be in force and effect frorq date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of March, 1979 3/ 1 9/ 79 - 3 4 - Councilman Ferrell requested that the intersection of Indian River Road and Kempsville Road be constructed FIRST, before Centerville Turnpike intersection is constructed. The City Manager assured Councilman Ferrell that Indian River Road and Kempsville Road intersection will be constructed first. On motion by Councilwoman Oberndorf, seconded by Councilman Bawn, City Council voted to approve the Ordinance authorizing the acquisition of property in fee simple for right-of-way for intersection of Kempsville Road and Centerville Turnpike and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 3/19/79 - 3 5- ITEM II-G.3 ITEM #13450 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to approve the Ordinance to amend and reordain Section 5-7(f) of the Code of the City of Virginia Beach, Virginia, relating to bird sanctuaries, by adding the SUBDIVISION KNOWN AS BAYVILLE PARK. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 3/19/79 -3 6 - AN ORDINANCE TO AMEND AND REORDAIN SECTION 5-7 (f) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO BIRD SANCTUARIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-7(f) of the Code of the City of Virginia Beach Virginia, is amended and reordained by adding as follows: The subdivision known as Bayville Park. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of March, 1979 3 / 1 9 / 7 9 - 3 7- ITEM II-G.4 ITEM #13451 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to approve the tax refunds in the amount of $ 1 , 6 2 1 . 5 4 Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 3/19/79 Ah' ORDINANCE AUTHORIZING TAX REFUNDS Date 2/28/79 UPON APPLICATION OF CERTAIN PUKSONS AND UPON CERTIFICAT10ii OF TIIE TREASURER BE IT ORDAINED BY THE COUNCIL OF T]iE CITIY OF VIRGINIA BEACil, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Totaling $ 30.00 TAXJ T TICKET EXONER- DATE NAME YEA OF TAX NUMBER TION NO PAID PENALTY INT. TOTAL own, Owen C. 79 CD 60046 1/30/79 7.50 eridan, Verlie Leah 79 CD 16163 1/9/79 7.50 rawbridge, James E. 79 CD 125824 1/10/;9 15.00 d Atlantic Inspection co. 79 CD 131516 1/17/@9 7.50 L. Peterson Trust 79 CD 105758 1/8/7( 7.50 .,ker, Joretta Sue 79 CD @-3464 1/30/-@9 7.50 hmann, Josepli G. Jr. 79 CD 108751 1/12/@9 7.50 auss, John Jacob Jr. 79 CD 123738 1/8/7@ 7.50 stream Park Inc. 79 CD 37003 1/li;/79 15.00 x, Joyce Marie 78 CD 88697 11/13/79 7.50 ountrywide Realty Cor[ 79 CD 12720 1/4/79 7.50 lonial Auto Leasing 19 CD 45813 1/30/79 15.00 stelluzzo, John A. 79 CD 139086 1/30/79 7.50 rs, David Walton, Jr 79 CD 61028 1/31/79 7.50 wa, Joseph Naim 79 CD 92667 1/31/79 7.50 mes, Sandra K. 79 CD 139220 1/30/79 7.50 yner, William F. 79 CD 102967 1/4/79 7.50 ora, Fred E.,Jr. 79 CD 51814 1/31/79 7.50 oher, Leslie D. 79 CD 129485 1/15/79 7.50 rell, Maxine E. 79 CD 138137 1/30/79 7.50 erell, Maxine E. 79 CD 138138 1/30/79 7.50 n, James H. 79 ;D 130999 1117174 15.00 rker, Clarence H. 79 CD 106782 1/9/79 7.50 e, Elizabeth W. &Rob 79 CD 119432 1/24/7) 7.50 gner, William A. 79 CD 50807 1/26/74 7.50 o4, Barton Taylor II 79 CD 111268 1/15/79 7.50 le, Mervin Ward 79 CD 90653 1/25/79 7.50 liott, Helen 79 CD 20578 1/8/79 7.50 igg, Finely H. 79 CD 12488 1/4/79 15.00 arkey, Mary J. 79 CD 107105 1/9/79 15.00 lson, Norman 79 CD 24388 1/11/79 7.50 arson, James W. 79 CD 113853 1/18/7) 7.50 ine Leasing Corp. 79 CD 103217 1/16/7) 7.50 tretto, CarLuine, Jr. 79 CD 95614 2/5/79 15.00 mmes, Wayne Allen 79 CD 87570 1/16/73 7.50 iend, Willis Boyd 79 CD 56492 2/1/79 7.50 arks, Ben 79 CD 86 12 1/16/7) 7.50 The above abatement(s) t--otali-ng Cer as @o pa@-.ient; 33O.- were approved by . the Council of the City of Virginia Beach on the /,? 4t day o:V / @;r @ z4(L- JOIO T. ATkIN@ON,-@freasurer 1/@ z Approved Ruth Ii. Smith, City Clerk i-,nson, C y I - 3 9- AN ORD114ANCE AUTIIORIZING TAX REFUNDS Date 2--23-7,0(@,-,, UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE 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: $1291.54 To-,aling $ TAX TYPE TICKET EXONER- DATE NAME YEAF OF TAX NLLMBER TION @10 PAID PENALTY INT. ITOTAL lei'l@h C. Rigney, Jr 79 CD 1025-/1 1-3--/9 7.50 stil'i l@'. King 79 CD 16525 1-5-79 15.00 stin tl. Kiii,, 79 CD 16520 1-5-79 15.019 hn T. Atkii-ison /9 CD 07-IA 1.-10-7) 15.00 ry L. Ell.4-s 19 CD 26599 1-12-73 15.00 ,illl)ie Sea@rave 79 CD 3771-1 1-19-7) 15.00 osa M. Dav;-s i9 CD 867-/3 1-17-7) 1.50 arles T. & V. C. Creel 79 CD 22233 1-10-7) 7.50 T I i.,irlec C. Willi,,ims 79 CD 106757 1-9-79 c E. Nortoti, Jr 79 CD 107257 1-10-7), 7.50 i-lliaTi@ C 79 CD 21241 1-11-7) /-.50 rk B. Middletoii i9 CD l@44398 1-9-79 ./15 oN@ard C,-,rti,@riiht 79 CD 11414392 1-8-79 ].-i5 ark Plaza Corp. 77 Sp. Tx 0259-1 11.18 arding Strauss Leasing 79 CD 117557 1/26/79 15.00 arding Strauss Leasing 79 CD 117558 1/26/79 15.00 ark Plaza Corp. 77 Sp. Tx 0624-3 46.15 arley, Appelless C. & Katherine 79 RE 1/2 019972 0 11/14/78 9.26 cLeskey, F. Wayne 79 RE 1/2 044996 0 12/5/78 172.80 lmstead, Edith Marie 79 CD 36321 1/18/79 7.50 les, Lawrence B. Jr. 78 pp 096111 5/24/@8 139.74 road Bay Manor Inc. 78 RE-1/2' 008012 5 12/5/@8 78.31 lexander, Shirley A. 78 pp 000975 11/3/@8 64.25 cNamara, William J. & Anne K. 79 RE 1/2 045207- 10/20/78 13.44 ellam, Richard B. & Robert W. 79 RE 1/2 036687 12/5/@8 110.00 ellam, Richard B. & Robert W. 79 RE 1/2 036688 12/5/@8 91.20 arol-Anne Ltd. 79 RE 1/2 11007- 10/18/78 48.00 odgers, Herman & Vernell 77 RE 3-//- 0-@33086 6/10/@7 37.41 odgers, lierman & Vernell 77 RE 1/2 054852 3 11/4/@7 37.85 odgers, Herman & Vernell 78 RE 2/2 054852 3 5/12/@8 37.85 olloman, Mary E. 78 PP 120172 12/5/-i8 210.60 uneeta Dewan 79 CD 4 1 1/29/@9 15.00 ranch, Ann B. 79 CD 128764 1/13/@9@ 7.50 The above abatement(s) totaling 1,2 @/, @ were approved by the Council of the City of_Virginia Beach on the /'?'C d-,y of @,z@ 'I@7,1- rer kl@@,Z, @ - Approved to for,-,: Ruth H. Smfth-,/City Clerk ilT@son, Cit@, -40 - ITEM II-H.1a) ITEM #13452 PLANNTNG ITEMS Mr. John C. Lumpkin, Attorney, represented the applicant Mr. Richard Bell appeared regarding this matter. Subdivision Variance: Appeal from Decisions of Administrative officers in regard to certain elements of the Subdivision Ordinance, subdivision for James W. Hall. Property located at the Northeast intersection of Lauderdale Avenue and Bayview Avenue. Plats with more detailed information are available in the De.nartment of Planning. It was noted there will be an exchange of 10,000 square feet of property for 50-foot street frontage on Lauderdale Avenue, between Seawall Enterprises and James W. Hall. On motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to approve the subdivision variance for James W. Hall on a .367 acre site located at the Northeast intersection of Lauderdale Avenue and Bayview Avenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 3/19/79 - 41 - (ITEM II-H.l.b) ITEM #13453 Subdivision Variance: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for John W. Siebert. Property located on the North side of Hungarian Road, 5280 feet West of Blackwater Road. Plats with more detailed information are available in the Department of Planning. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 13 to deny this request as there has been no hardship demonstrated. On motion by Councilman Baum, seconded by Councilman Holland, City Council voted to permit WITHDRAWAL of the above application of John W. Siebert for a Subdivision Variance on a 48.96-acre site located on the north side of Hungarian Road, west of Blackwater Road, in the Blackwater Borough. Voting: 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 4 2 - (ITEM II-H.I.c) ITEM #13454 Attorney Reid H. Ervin represented the applicant The following appeared in opposition: Mr. James Wilson Mr. James Gatling On motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to DEFER FOR SIXTY (60) DAYS the application of John D. Holland, Jr. , and Rita H. Joyner for a Change of Zoning District Classification from R-6 Residential Distr ict to B-2 Community-Business District. This matter was deferred to give the applicant and neighbors a chance to discuss this matter. Voting: 1 0- 0 Council Members Voting Aye: (for deferral) John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: F. Reid Ervin Council Members Absent: None - 4 3- An Ordinance upon application of John D. Holland, Jr., and Rita H. Joyner for a Change of Zoning District Classification from R-6 Residential District to B-2 Community- usiness District on certain property lo- cated on the East side of Witchduck Road beginning at a point 397.68 feet South of Erskine Street, running a distance of 82.2 feet along the East side of Witchduck Road, running a distance of 150 feet along the Southern property line, running a distance of 80.62 feet along the Eastern property line and running a distance of 155 feet along the Northern property line. Said parcel contains .285 acre. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 10 for the motion, 2 against and I abstentioh to deny this request. It was felt that approval of this request would encourage a strip commercial development pattern along Witchduck Road. - 44- (ITEM II-H.l.d) ITEM #13455 Attorney Grover C. Wright, Jr., represented the applicant On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the petition of John E. Sirine, et al, for a Change of_Zoninq District Classification from 0-1 Office District to B-3 Central-Busin ss District, ORDINANCE UPON APPLICATION OF JOHN E. SIRINE, Z0379416 ET AL, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 OFFICE DISTRICT TO B-3 CENTRAL-BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: An Ordinance upon application of John E. Sirine, et al, for a Change of Zoning District Classification from 0-1 Office Dis Central-Business District on cer- tain property located on the South side of Bonney Road beginning at a point 890 feet more or less West of Bendix Road, running a distance of 178-20 along the South side of Bonney Road, running a distance of 25 feet in a Southeasterly direction, running a distance of 342.66 feet in a Southwesterly direction, running a distance of 891.06 feet along the Southern property line (North side of Virginia Beach-Norfolk Expressway), running a distance of 408.71 feet in a North- westerly di rection , running a di stance of 330 . 28 feet in a Southwesterly direction, and running a distance of 248-39 feet in a Northwesterly dir6ction. Said parcel contains 4.466 acres. KEMPSVILLE BOROUGH. Approval is subject to the following conditions in con- junction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. An escrow to cover the cost of pavement widening, curb and gutter, sidewalk and drainage facilities along this site's frontage on Bonney Road. And further subject to the following condition prior to the change on the official zoning map: 1. A dedication of right-of-way and temporary construction easement along thel78.20 foot frontage on Bonney Road as shown on the plans on file in the City Engineering Division (a variable right-of-way dedication and variable temporary construction easement). This Ordinance shall be effective upon date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of March, 1979. 3/1 9/ 7 9 4 5 - Voting: 1 1 - 0 Council Members Voting Aye: Jo hn A. Baum, F. Reid Ervin , George R. Ferrel I , Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 46 - (ITEM II-H.l.e) ITEM #13456 A letter requesting deferral is on file in the Office of the City Clerk. On motiob by Councilman Merrick, seconded by Councilman Riggs, City Council voted to DEFER FOR TWO WEEKS the applicatioh of E. V. Williams, Company, Inc., for a Conditional Use Permit to amend the conditiohs associated with a prior use permit for a borrow pit approved for this site on June 5, 1978. Voti ng : I I - 0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 4 7- Resolution of the Council of the City of Virginia Beach to amend the conditions of a Conditional Use Permit granted to E. V. Williams Com any, Inc., on une 5, 1978, for a borrow pit on property located on the South side of Indian River Rad beginning at a point 1259.32 feet West of Kempsville Road, running a distance of 494.11 feet along the South side of Indian Riv6r Road, running a distance of 297.28 feet in a Southerly direction, running a distance of 600 feet in a Northwesterly direction, running a distance of 629.40 feet in a Southerly direction, running a distance of 548.70 feet in a Westerly direction, running a distance of 165.30 feet in a Southerly direction, running a distance of 355.10 feet in a Westerly direction, running a distance of 470.38 feet in a Southerly direction, running a distance of 127.21 feet in a Westerly direction, running a distance of 480.24 feet in a Northwesterly direction, running a distance of 195-92 feet in a Northerly direction, running a distance of 597-60 feet in a Westerly direction, running a distance of 1791.45 feet in a Southwesterly direction, running a distance of 2820-52 feet in a Southeasterly di- rection, running a distance of 1014.21 feet in a North- easterly directioh, running a distance of 391.38 feet in a Northwesterly direction, running a distance of 1019-04 feet in a Northeasterly direction, running a distance of 224.94 feet in a Southeasterly direction, running a distance of 1874.75 feet in a Northeasterly direction, running a distance of 818.41 feet in a Northwesterly direction and running a distance of 409.37 feet in a Northeasterly direction. Said parcel contains 185.272 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 11 for the motion and 1 abstention to approve this request subject to the following conditions in conjunction with the intended use of the 1 and : 1. Upon approval by City Council and prior to issuance of an excavation permit, the applicant is to submit to the Department of Public Works and Erosion, Sediment Control and Tree Protection Plan and a surety bond in the amount of $500 per acre or part thereof for each acre to be excavated. 2. The applicant is to submit to the Department of Public Works, for review and approval, all of the necessary information as indicated in Section 31.2 of the City Code. 3. All future development must conform with the Subdivision and Site Plan Ordinances. 4. Compliance with Article 2, Section 228 of the Comprehensive Zoning Ordinance pertaining to Extractive Industries. 5. All requirements of the previous conditional use permit granted for this site will remain applicable, including the condition that water service from the private wells of adjacent residents be maintained within the limits defined in the previous conditional use permit. However, the area to be excavated is to be limited to 104-26 acres or 2,852,500 cubic years, rather than 88.02 acres. - 48- 6. The City is to grant permission to dig the additional 2,852,500 cubic yards within the confines of the pit, as it is dug now. 7. E. V. Williams Company be required, within the next 30 days, to submit a preliminary site plan of the development of the property that is out- side of the confines of what's being dug right now. 8. The operator is to cease operations and stop all excavation no later than December 31, 1980, except for restoration. 9. The operator is to stop pumping between the hours of 10:00 p.m. and 8:00 a.m. 10. The borrow pit is to be utilized by the City of Virginia Beach as a drainage outfall for the Kempsville Road, Phase I, highway project. - 4 9- (ITEM II-H.l.f) ITEM #13457 Attorney Grover C. Wright, Jr., represented the applicant On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to APPROVE the application of Salzberg Properties, Inc., for a Conditional Use Permit for an automobile service station (self-service). ORDINANCE UPON APPLICATION OF SALZBERG, R0379235 INC., FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION (SELF- SERVICE) BE IT ORDAINED BY THE COUNCIL OF T@IE CITY OF VIRGINIA BEACH, VIRGINIA, that: Ordinance upon application of Salzberg Properties, Inc., for a Conditional Use Permit for an automobile service station self-service) on certain property located at the Northwest intersection of Lynnhaven Parkway and South Lynnhaven Road (Relocated), running a distance of 147.24 feet al ong the West s i de of So ut h Lynn ha ven Road (Re located), running a distance of 128-96 feet along the Northern property line, running a distance of 128.96 feet along the Western property line, running a distance of 147.24 feet along the North side of Lynnhaven Parkway, and running around a curve a distance of 20 feet. Said parcel contains 20,000 square feet. PRINCESS ANNE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Public restrooms are to be provided. 4. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of March, 1979. - 50 - Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meye ra E. Obe rndo rf , J . Curtis Payne, Ro ger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 51- ITEM #13457(a) Attorney Grover Wright indicated that due to the problems with the application of James W. Hall for a subdivision variance, Council may wish to consider affidavits for subdivision variances, also. This will permit Coun c il to be aware if any person has an urfder- lying fee on street closures. (ITEM II-H.l.g) ITEM #13458 Mr. John Hadjikakos appeared regarding his application On motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to APPROVE an Ordinance upon application of NICHOLAS CHRISTIE AND JOHN HADJIKAKOS for a Conditional Use Permit for a bicycle rental: ORDINANCE UPON APPLICATION OF NICHOLAS R0379236 CHRISTIE AND JOHN HADJIKAKOS FOR A CON- DITIONAL USE PERMIT FOR A BICYCLE RENTAL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Ordinance upon application of Nicholas Christie and John Hadjikakos for a Conditional Use Permit for a bicycle rental on certain property located on the East side of Atlantic Avenue beginning 50 feet North of 27th Street on property of the Idlewhyle Motel. Said parcel contains 15,000 square feet. VIRGINIA BEACH BOROUGH. Approval is subject to the conditions in conjunction with the intended use of the land: 1. Compliance with Article 2, Section 225 of the Comprehensive Zoning Ordinance pertaining to Bicycle Rental Establishments. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of March, 1979. 5 2 - Voting: 11-0 Council Members Voting Aye: Jo hn A. Baum , F. Re id Ervin, George R. Ferrel I Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 5 3- (ITEM II-H.l.h) ITEM #13459 Attorney Bruce Murphy represented the applicant On motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to APPROVE the Ordinance upon application of NORMAN D. FUSSELL for a Conditional Use Permit for a recreational facility of an outdoor nature-Jputt-putt golf course), with the stipulation that item #3 (parking requirements), be waived: ORDINANCE UPON APPLICATION OF NORMAN D. R0379237 FUSSELL FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUT- DOOR NATURE (PUTT-PUTT GOLF COURSE) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Ordinance upon application of Norman D. Fussell for a Conditional Use Permit for a recreational facility of an outdoor nature putt-putt golf course) on certain property located on the South side of 17th Street beginning at a point 100 feet West of Atlantic Avenue, running a distance of 75 feet along the South side of 17th Street, running a distance of 140 feet along the Western property line, running a distance of 75 feet along the Southern property line and running a distance of 140 feet along the Eastern property line. Said parcel contains .241 acre. VIRGINIA BEACH BOROUGH. Approval is subject to the following conditions in con- junction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Parking at a ratio of l@, spaces per hole. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of March, 1979. 5 4- Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 5 5- (ITEM II-I.2.a) ITEM #13460 GRANTS-FIRST READING On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to ADOPT ON FIRST READING the Ordinance to accept a Grant totaling $63,927 from the Division of Justice and Crime Prevention and to appropriate these funds. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervi n , George R. Ferrel I , Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 56- 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 Appropriations Major Violator Unit $6 0 , 7 2 9 $ 3, 1 98 $6 3 , 9 2 7 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 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: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 1979. - 5 7- (ITEM 11-I.3.a) ITEM #13461 SECOND READING On motion by Councilman Holland, seconded by Councilman Payne, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate funds for sewer system improvements to the recently acquired Aragona, Princess Anne and Pembroke Utilities. ($425,000) Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 5 8- AN ORDINANCE TO APPROPRIATE FUNDS FOR SEWER SYSTEM IMPROVEMENTS TO THE RECENTLY ACQUIRED ARAGONA, PRINCESS ANNE, AND PEMBROKE UTILITIES WHEREAS, the recently acquired Aragona, Princess Anne, and Pembroke Utilitiet require modifications in order to comply with City standards; and, WHEREAS, these modifications include pump station alarms, security fences, various renovations, and Hampton Roads Sanitation District connection; and, WHEREAS, funding for this cost is to be appropriated from the fund balance in the Water and Sewer fund over a five-year period; and, WHEREAS, the modifications scheduled for the 1979 fiscal year are estimated to cost $425,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $425,000 be appropriated from the fund balance of the Water and Sewer Fund to the Department of Public Utilities for the purpose of modifying the recently acquired Aragona, Princess Anne, and Pembroke Utilities' Pump Stations. FIRST READING: March 12, 1979 SECOND READING: March 19, 1979 ADOPTED by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of March 1 1979. - 5 9- (ITEM II-I.3.b.1a) ITEM #13462 FIRST READINGS On motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City Council voted to ADOPT ON FIRST READING the Ordinance to accept $1,187,698 from the Southeastern Tidewater Area Manpower Authority and to appropriate $759,191 of these funds. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 60 - 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- mentprogram 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 Agonties 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: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of I 1 9 7 9. - 61 - (ITEM II-3.b.l.b) ITEM #13462(a) On motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City Council voted to ADOPT ON FIRST READING the Ordinance to accept $1,018,801 from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 6 2 - AN ORDINANCE TO ACCEPT $1,018,801 FROM THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY AND TO APPROPRIATE THESE FUNDS WHEREAS, the City Council, on March 7, 1977, approved an initial award totaling $34,173 from the Southeastern Tidewater Area Manpower Authority (STAMA) for the purpose of establishing an employ- 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 approved $1,018,801 in additional funding, 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 II $1 , 01 8 , 801 $1 01 8, 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: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of _ I 1 9 7 9 - 6 3 - (ITEM II-I-3-b.2) ITEM #13463 On motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to ADOPT ON FIRST READING the Ordinance to appropriate $25,000 for the recodification of the Code of the City of Virginia Beach, Virginia. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 64- 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 Virgi ni a Beach was published in 1963 and now contains eighteen supplements thereto; and, WFIEREAS, 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 day of 1979 FIRST READING: March 19, 1979 SECOND READING: - 6 5 - (ITEM II-I-3-b.3) ITEM #13464 On mo tion by Councilwoman Obe rn do rf , seconded by Council man Ho II and, City Council voted to ADOPT ON FIRST READING the Ordinance to appropriate funds for a Modular Relocatable Building, in the amount of $39,700. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 6 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; and , 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: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of I I 9 7 9 - 6 7 - (ITEM II-1.3.c) ITEM #13465 BIDS The following bids have been received for the Birdneck Road to Atlantic Avenue water line project: A. Stanley Mundy and Company $104,842.20 Carter-Bell Corporation $123,014.00 A & W Contractors, Incorporated $144,972.00 Suburban Grading and Utilities $145,406-40 Utility Builders, Incorporated $150,560.00 Engineer's Estimate $121,000.00 On motion by Councilman Payne, seconded by Councilman Holland, City Council voted to APPROVE the low bid of A. Stanley Mundy and Company, in the amount of $104,842.20, for the Birdneck Road to Atlantic Avenue water line project; and, further authorized the City Manager to enter into the necessary agreements in order to implement this project. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 6 8- (ITEM II-I.3.c.2) ITEM #13466 The following bids have been received for the Lynnhaven Colony, Phase 3, Section 1, sanitary sewerage facilities project: Suburban Grading and Utilities, Inc. $497,792.00 M. E. Wilkins, Incorporated $502,147.00 Utility Builders, Incorporated $524,736-00 Carter-Bell Corporation $558,080-00 A & W Contractors , Incorporated $574,516.00 Floyd B. Smith Contracting, Inc. $587,540-00 Engineer's Estimate $497,100.00 On motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to APPROVE the low bid of Suburban Grading and Utilities, Inc., in the amount of $497,792.00 for the Lynnhaven Colony, Phase 3, Section 1, sanitary sewerage facilities project; and, further authorized the City Manager to enter into the necessary agrements in order to implement this project. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 6 9- (ITEM II-J-1) ITEM #13467 ADDITIONAL ITEMS On motion by Councilman Merrick, seconded by Councilwoman Oberndorf, CitY Council voted to APPROVE the installation of a gravity sewer extension to serve five houses located on Mable Lane in Hilltop Manor; it will extend from the existing manhole at the intersection of Gloria Place and Mable Lane. This project is to be handled by City personnel. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 70 - (ITEM II-K) ITEM #13468 OLD BUSINESS Councilman Riggs read the following letter to Council: "I feel that we must take a firm stand against the recent act ion of the City of Nor fo I k in the ir decision to raise the water rates to their "captive customers" of Virginia Beach. "To this point all Norfolk has told us is that it now cost more so they will have to charge more. We have seen no proof of this. "I feel that their charges should be based on the Rate of Return. That is, based on the actual value of the equipment, not on the replacement cost. "This increase as dictated far exceeds the 7% price guideline laid down by President Carter and will contribute to inflation. "This increase also puts a tremendous hardship on the low income and senior citizens on a fixed income of this City. "It could be possible that the rate increase is justified, and if that is so, all Norfolk has to do is show the people of Virginia Beach its financial statements for the past 5 years revealing the profit and loss of their water system. "Until the City of Norfolk can prove to the citizens of this City that we are costing them money through the use of their water, this City should begin legal action to prevent any further raping of our citizens. "All other public utilities must document their rate hike request, and I submit, so must Norfolk." R. L. "Buddy" Riggs Councilman Virginia Beach Borough Councilman Riggs indicated he would like to have proof that they must raise the water rates in Virginia Beach. The City Manager indicated the City objected to the last rate increase because they did not have proof as to why the City of Norfolk had to increase the water rate. However, they did submit an engineering report, which will be forwarded to Council, showing why an increase was necessary at this time. The City Manager requested Council to consider three (3) alternatives: 1. Not implement the rate, and proceed legally; 2. Implement the rate increase immediately, 3. Implement the rate increase July 1. The City Manager indicated he would recommend the third alternative; however, the City would have to pay Norfolk the difference in funds until July 1. The Ordinance authorizing the increase goes into effect on April 13, 1979, and the cost to the City between April 13 and July 1 will be approximately $64,000. This matter will be discussed at the INFORMAL MEETING of March 26, 1979. - 7 1 - ITEM #13469 Vice Mayor McCoy indicated his dissatisfaction with an article which appeared in the newspaper regarding the public hearing on the proposed widening of Virginia Beach Boulevard. He was also disturbed to find out that a State Delegate and City Councilman spoke in opposition to the proposed widening, especially since the remainder of Council had endorsed the widening. ITEM #13470 On motion by Councilman Ferrell, seconded by Councilman Riggs, City Council voted to nominate Councilwoman Meyera E. Oberndorf as Council's representative for the City of Virginia Beach to THE PLANNING COUNCIL. This Nomination is subject to appointment by The Planning Council's Board of Directors Marc h 22, 1 979, and will be for a term of one (I year. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 7 2 - ITEM #13471 On motion by Counciliqan Holland, seconded by Councilman Riqgs, and by unanimous vote, Council adjourned at 4:20 p.m. R@,Hodges Amith, City Clerk 1 7 City of Virginia Beach, Virginia March 19, 1979 h 3 1 97 9