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HomeMy WebLinkAboutMARCH 5, 1979 CITY OF VIRGINII BEICI MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 MA YOR PATRICK L. STANDING, A I L.,g, CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gh VICE MAYOR 1. HENRY M,COY JR., D.D.S., K,.p,@ill@ B@,-gh DONALD W. MERRICK, Ly..h.,,@ B.,..gh JOHN A. BAUM, B.,@.gh MEYERA E. OBERNDORF, A, L.,g@ F. REID ERVIN, A, L.,g@ J. CUR7[S PAYNE, P,i@,@@, A.@@ B.,..gb GEORGE R. FERRELI@, A, L.,g, ROGER L. RIGGS, Vi,i@i. B@.,b B.,@@gh BARBARA M. HENLEY, P,@g. B.@.gb RUTII HODGES SMITif, Cily Cl@,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: MONDAY, 5 MARCH 1979 - 1:00 p.m. A. CALL TO ORDER - MAYOR PATRICK L. STANDING B. ROLL CALL OF COUNCIL C. MOTION TO RECESS TO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DTSCUSSION OF PERTINENT MATTERS 1. Francis Land (Rose Hall) Properties: Report of the @ity's investment in the development of these pro- perties. 2. Middle Plantation: Discussion of the City's policy regarding SUrety agreements. 3. Master Street and Discussion of Dro- posed deletion of Old Donation Parkway and South Boulevard. 4. Trailer Ordinance: Discussion of trailers in the southern part @f the City. 5. Farmettes: Slides illustrating the development of farmettes. ITEM TT FORMAL SESSTON: MONDAY, 5 MARCH 1979 - 2:00 p.m. A. TNVOCATION - Reverend Russell 0. Siler, Pastor, Emmanuel Lutheran Church, Virginia Beach, Virginia. B. PLEDGE OF ALLEGTANCE C. ROLL CALL OF COUNCTL D. MINUTES OF REGULAR PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 26 February 1979 E. RESOLUTIONS 1. Resolutions of Commendation to be presented by Mayor Patrick L. Standing. F. PUBLIC HEARTNG - Master Street and Highway Plan - Proposed deletion of old Donation Parkway and South Boulevard 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 Aaenda and consi@lered separately.) 1. Letter from the City Manager recommending approval of the request of the Board of Virginia Beach Tennis Patrons for a Raffle Permit. H. PLANNING ITEMS - NONE I. 1. ORDINANCES a. Letter from the City Manager recommending approval of an Ordinance declaring certain property excess and authorizing the City Manager to dispose of same. (Francis Land o e Hall Pro erties) 2. GRANTS - NONE 3. APPROPRIATIONS a. Second Readings 1. City Council is requested to approve on second reading an Ordinance to accept a grant totaling $21,693 from the Division of Justice and Crime Prevention and to appropriate these funds. b. First Readings - None C. Bids - None 4. CITY CODE AMENDMENTS a. Letter from the City Manager recommending approval of an Ordinance to amend and reordain Section 22-74.1 of the Code of the City of Virginia Beach pertaining to the display of City Decals. J. ADDITIONAL ACTION ITEMS - NONE K. OLD BUSINESS a . Final Report of the Community Development Citizens Advisory Committee to be given by Reverend Barnett Thourogood. b. Request of Mary Ruth Scott, Bayside Resident, for reconsideration of the application of Joseph and Clara Mattox. L. NEW BUSINESS M. ADJOURNMENT a. MOTION TO ADJOURN MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA March 5, 1979 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, March 5, 1979, at 1:00 p.m- Council Members Present: 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 Absent: None INFORMAL SESSION ITEM #13379 Mayor Standing entertained a motion to permit Council to conduct an INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. ( ersonnel Matters). 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or of publicly held ert ). 3. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). - 2- On motion by Council man Payne, seconded by Counci 1 man Ferre l I , Ci ty Council voted to proceed into EXECUTIVE SESSION following the INFORMAL SESSION. Voting : 1 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin , George R. Ferrell , Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Vice Mayor J. Henry McCoy, Jr. - 3- ITEM #13380 Mayor Standing indicated he requested the City Manager to prepare a report for Council with regards to the City implementing an "Energy Savings Program", by staff members; and, further requested the City Manager to include in that report what energy programs the Council can expect in the future. The City Manager indicated he asked Reeves E. Johnson, Director of General Services, to be the coordinator with the State Energy Department on this matter; and, Frank Williamson, Safety Officer, to report on oil energy consumption, and energy consumption of electricity; i.e. heat, air conditioning, etc. ITEM #13381 Mayor Standing indicated he received from the City Clerk a letter from J. Roy Alphin, who served as Chairman of the Virginia Beach Bicentennial Commission, regarding the City celebrating the 200th Anniversary of the Battle off the Capes, which occurred on September 5, 1781. The Mayor also indicated in a related matter concerning the City's lease with the Defense Department of some property on which the Admiral DeGrasse Overlook is constructed, and also a building which the City presently leases from Fort Story. The lease expires in April of this year, and the Mayor indicated the City should renew the lease until after September 5, 1981. Councilman Holland indicated he was in favor of renewing the lease, and would hope it would be maintained as a tourist attraction. A vote on this matter will be taken in the FORMAL SESSION. ITEM #13382 As requested by Councilman Ervin, the City Manager indicated he would make a presentation regarding the Francis Land (Rose Hall) Properties. Councilman Ervin presented a report to Council regarding this matter, and indicated Mr. Jerry Broadway, from the Industrial Development Authority, had done an excellent job on this. Councilman Ervin stated that when these matters are presented to Council it might be more feasible to look at them oh a "cashflow" basis, which Councilman Ervin does in his report. Councilman Ervin indicated his report differs from Mr. Broadway's in one respect, revenue basis. Mr. Ervin had discussed this matter with people who handle commercial leases, and those leases which are based on participation above a certain level of business are very seldom inexpensive. The City Manager indicated he presented a plan to Council, prepared by the Economic Development Department, regarding the restoration and saving of the historical Francis Land House. - 4- In an effort to recoup all costs incurred in the purchasing of the Home, it was recommended to Council that an entrepreneurial approach be used, which entailed: 1. Keeping ownership of the Home and approximately 3 or 4 acres; 2. Restoring the home; 3. Finding a suitable tenant who would pay for the restoration costs, yet maintain the historical integrity of the Home; 4. Sell the remaining 31+/- acres for commercial use; 5. Incorporating deed restrictions in the sale of the property, and placing permanent historical zoning over the entire 35 acres. The City Manager indicated the difference in Councilman Ervin's report and Mr. Broadway' s is in the re venue s . Mr. Broadway included the leasing of the Francis Land Home. Councilman Ervin indicated he included the leasing of the Home in his report; however, he did not include the extra increment which was based on exceeding a certain volumn of business. The expenses on the Rose Hall Project are broken down as follows: 1. Acquisition House and property $735,000-00 Survey 1,200.00 Title Insurance 3,064.00 Prawl Property 8,000-00 Harris Property 40,000-00 $887,264-00 2. House Renovation $ 94,486-00 Architect & Engineering 25,184-00 Materials 14,344-00 Landscaping 2,515.00 Attorney's Fees 500 - 00 Advertising 1,493-00 Miscellaneous 6,103.00 $144,625.00 - 5- 3. Anticipated Development Land House Site Improve- ments $ 111,149.00 Excess Property Site Improvements 350,055.00 Street Lights 16,800.00 Traffic Signal 23,550.00 Signage 5,000.00 Landscaping 17,230.00 Underground Electrical Service 50,000.00 $ 573,784.00 TOTAL $1,605,673.00 Less value of real estate to be retained by City: Francis Land House - 250,000.00 $1,355,673.00 3.5 Acres - 445,528.00 $ 910,145.00 4. Interest (estimated at 6% per year on unpaid balance) + 573,391.00 $1,483,536.00 The revenues on the Rose Hall Project are broken down as follows: SIZE PARCEL NO. SQUARE FEET (ACRES) PRICE/SQ. FT. SALES PRICE A 135,036 (3.1) $ 4.25 $ 573,900. B City Owned 465,134. C-1 34,846 (0.8) 2.00 68,650. C-2 21,083 (0.5) 2.00 42,166. C-3 22,346 (0.5) 2.00 44,692. C-4 52,272 (1.2) 4.50 235,224. D 39,204 (0.9) 2.00 78,408. 26,136 (0.6) .35 9,148. E 163 Apartment Units $2,000/unit 326,000. F-1 13,440 (0.3) Appraised 1,100. F-2 37,000 (0.35) Appraised 1,900. G-1 56,628 (1.3) 2.00 112,298. G-2 64,470 (1.5) 2.00 128,940. G-3 33,200 (.77) 2.57 83,000. G-4 37,000 (.85) 1.80 66,600. G-5 66,000 (1.5) 1.80 118,800. $2,355,960 3 / 5 / 7 9 - 6- $61,200.00 guaranteed rental income over the five year term of the lease. In addition, payments to the City of $37,400 could be generated based on the gross receipts of the Tenant. Total income could equal $98,600.00. Assuming that the house will continue to be leased for the next 20 years, and assuming an increase of 10% for each 5 year term, the total net receipts will be $465,134.00 Indicates sales contract has been signed by Purchaser. ITEM #13383 The City Manager indicated a newspaper headline read "Favoritism Alleged in Beach," and he wished to rest Council's concerns, if any, as to his and Mr. Lambert's propriety in dealinq with the developers of Middle Plantation. Within the streets of the subdivision, the City did require the developers to post a bond of both phases of developilent, which was approximately $522,000. @Iowever, that was not discussed at last Monday's meeting (Februa--y 26, 1979). Harris Road was discussed, also a $24,000 personal note. If the City had not required the improvements to Harris Lane or put up a bond the developer would have returned to Council stating they were not required to make improvements on Harris Lane; therefore, why should they have to rqal@e improvements on the adjacent properties? The developers took out a personal note which was approved by the City Attorney and explained to Council in 1976. ITEM #13384 The City Manager indicated to Council that Old Donation Parkway qoes from First Colonial Road, to Independence Boulevard, through Witchduck Road, to Kempsville Road, and through the City of Chesapeake. It would pass and connect with major arterials such as First Colonial Road, Great Neck Road, Little 14eck Road, Inde- pendence Boulevard, Princess Anne Road, and Indian River Road. if this road is taken off the Master Street and Highway Plan, the City could not require future developers to dedicate or improve and therefore, the flexibility of futiire generations to determine if the road is actually needed would be restricted by two subdivisions with houses in the proposed right-of-way. The City Manager further indicated to Council he submitted a letter, which is on the FORMAL AGENDA, regarding Old Donation Parkway and South Boulevard. The City Manager stated he made a recommendation in the letter which is contrary to the ordinance, and if Council aqrees with the City Manager's recommendation the ordinance will have to be modified. If, however, it is the desire of Council to keep Old Donation Parkway from becoming a major thoroughfare, then it is recommended that this act be accomplished simply by deleting Old Donation Park- way from the Master Street and Highway Plan across the branches of the Lynnhaven River. The options to ac(luire right-of-way in undeveloped areas would still remain in effect, and both the concerns of the residents and the flexibility for future generations would he accomplished. 3 5 7 9 - 7 - The City Manager indicated if Council did not wish to build South Boulevard he would recommend Council to leave the flexibility that would give future Councils the option of reinstituting the road in the Master Street and Highway Plan onl'7 after public hearings have been held. ITEM #13385 The City Manager indicated he received a request from Councilwoman Henley to forward to Council copies of the city's trailer ordinances. There are two trailer ordinances: 1. Permits individuals with hardships to allow someone in their family to have a trailer on a piece of property provided it is not objectable to the surrounding community, and is not within 400 feet of an existing home. 2. Permits mobile homes to be located on land otherwise used for agricultural purposes, shall not exceed 10 per farm, shall be used only as a shelter for laborers on that farrq, and they shall be allowed on farms greater than 250 contiguous acres in size, under same ownership. The City Manager indicated Couiicilwoman lienley wanted Council to be aware of the different ordinances, and also there seems to be a greater interest in trailers in the southern part of the City, and Council may wish to consider future ordinances for mobile home parks. ITEM #13386 The City Manager indicated that the Farmettes item will be heard at next week's INFORMAL SESSION, March 12, 1979. 3/5/79 - 8- FORMAL SESSION ITEM 413387 Monday, March 5 2 : 0 0 Council Members present: John A. Baum, F. Reid Ervin, Georqe R. Ferrell, Barbara M. Henley, Clarence A. liolland, J. fienry 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 Reverend Russell 0. Siler, Paster, Emmanuel Lutheran Church. PLEDGE OF ALLEGIANCE (ITEM II-DL) ITEM #13388 MINUTES On motion by Councilman Payne, seconded by Vice Mayor McCoy, City Council voted to approve the Minutes of the Regular Meeting of February 26, 1979, as the minutes had previouslv been distributed to Council for their consideration. Vote: 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 5 7 9 - 9- (ITEM II-E.1) ITEM #13389 RESOLUTIONS Mayor Standing presented Resolutions of Appreciation to Officer W. S. Boswell, and Officer K. W. Stolle for their unselfish and brave conduct during an accident which occurred on North Muddy Creek Road on January 1 5, 1 979. RESOLUTION OF APPRECIATION WHEREAS, on January 15, 1979, Officer W. S. Boswell was awakened at 2:00 a.m. and informed that an accident had occurred approximately one mile from his residence on North Muddy Creek Road; and, WHEREAS, Officer Boswell immediately went to the scene of the accident to discover a small sportscar which was upside down in a drainage ditch; and, WHEREAS, the occupants of the car had massive injuries, with one having been thrown clear of the car, and the other unconscious, lying face down in the water which was f il I ing the car ; and, WHEREAS, Officer Boswell entered the drainage ditch in order to keep the unconscious individual's head out of the water until the rescue squad could arrive; and, WHEREAS, in so doing, Officer Boswell was completely submerged in the freezing water for over 25 minutes. NOW, THEREFORE, IN RECOGNITION of this unselfish and brave conduct during this unfortunate incident, the City Council of the City of Virginia Beach does publicly recognize his courageous action and does publicly and sincerely thank Officer Boswell for his efforts which led to saving an individual's life. Officer Boswell acted above and beyond the call of duty in the best tradition of the Virginia Beach Police Department, and the City Clerk is requested to enter this Resolution of Appreciation to Officer Boswell in the Minutes of this day's meeting as a matter of permanent record in his honor. Patrick L. Standing Mayor -10- RESOLUTION OF APPRECIATION WHEREAS, on January 15, 1979, Officer K. W. Stolle was awakened at 2:00 a.m. and informed that an accident had occured approximately one mile from his residence on North Muddy Creek Road; and WHEREAS, Officer Stolle immediately went to the scene of the accident to discover a small sportscar which was upside down in a drainage ditch; and WHEREAS, the occupants of the car had massive injuries, with one having been thrown clear of the car, and the other unconscious, lying face down in the water which was filling the car; and WHEREAS, Officer Stolle entered the freezing water in the drainage ditch to help free the unconscious victim from the wreckage; and WHEREAS, he administered life-saving first aid and literally kept the man alive until the rescue squad arrived; and WHEREAS, the freezing water and extremely low air temperature had numbed his arms and legs; NOW, THEREFORE, IN RECOGNITION of this unselfish and brave conduct during this unfortunate accident, the City Council of the City of Virginia Beach does publicly recognize his courageous action and does publicly and sincerely thank Officer K. W. Stolle for his efforts wfiick led to saving an individual's life. Officer Stolle acted above and beyond the call of duty in the best tradition of the Virginia Beach Police Department and the City Clerk is requested to enter this resolution of appreciation to Officer Stolle in the-minutes of this day's meeting as a matter of permanent record in his honor, Patrick L. Standing Mayor -11- ITEM II-KA) ITEM #13390 OLD BUSINESS Mayor Standing indicated he wished to take one item out of order, the final report of the Community Development Citizens Advisory Committee. Mayor Standing introduced Reverend Barnett Thourogood, Chairman of the Committee. Reverend Thourogood introduced Mrs. Betty McClane, who presented the report to Council. Mrs. McClane stated after serious study of the suggestions resulting from four (4) public hearings, and consultations with the Community Development Grants staff, the Citizens Advisory Committee herewith submit the following recommendations for Council's consideration: A. Under the three (3) year program: 1. Completion of all existing capital projects. 2. Research and identification of problerns in the target areas. 3. Full implementation of the Rehabilitation Loan and Grants Program. 4. Based on the use of Community Development Funds, a relocation system for those whose homes were being rehabilitated and permanent relocation of those persons wlio cannot return to their homes. 5. Development of low and moderate income housing. The program to include the purchase of land and the encouragement of builders to participate in the program. 6. Administration and expansion of our housing program through Section Eight (8) Funds 3-12 allocations, and any other programs available to the City. 7. Fund raising activities from agencies other than HUD. 8. Joint ventures with private enterprise for job training leveraging of funds, facilities, etc. 9. Re-evaluation and assessment of the need for a Housing Authority. B. Under the five (5) year program: 1. Newsome Farms 2. Gracetown - Water 35 7 9 1 2 - 3. Gracetown - Sewer 4. Queen City - Sewer 5. Atlantic Park - Water 6. Atlantic Park - Sewer 7. Doyle Town - Drainage 8. The Loan and Grants Program 9. The Administrative expenses 10. The Contingency Fund 11. The addition of Reed Town, Centerville Turnpike, and Lake Smith as target areas - with work beginning as funds become available and feasibility studies are completed. 12. Clarification of the status of Burton Station as it relates to Virginia Beach, Norfolk, and the Norfolk Port and Industrial Authority. 13. Study of Browney Park, Great Neck Manor, Little Neck and Stumpy Lake for future inclusion in the Program. Mrs. McClane noted that several capital projects have been delayed because of the area's impediment. It is futile to allocate funds for capital projects only to have them halted by obstructions. The Committee is further recommending that allocated funds be used in the target areas which they are allocated to clear impediments as necessary for capital projects to be completed. Mayor Standing thanked Mrs. McClane and Reverend Thourogood for their report. The City Manager indicated he will be bringing the above recommendations to Council on March 12, 1979, for a FORMAL VOTE. - 1 3 - (ITEM II-F) ITEM #13391 PUBLIC HEARING AN ORDINANCE TO AMEND THE MASTER STREET AND HIGHWAY PLAN DATED DECEMBER 16, 1974 PERTAINING TO OLD DONATION PARKWAY AND SOUTH BOULEVARD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Master Street and Highway Plan dated December 16, 1974, is hereby amended as follows: 1. Delete Old Donation Parkway from Great Neck Road to independence Boulevard. 2. Delete South Boulevard from Rosemont Road to Palace Green Boulevard. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of March, 1979. The City Clerk indicated the Public Hearing is on the proposed deletion of Old Donatioh Parkway and South Boulevard from the Master Street and Highway Plan. Mr. Russ Dickens, representing United Citizens Against the Parkway, (UCAP) appeared in favor of deleting Old Donation Parkway from the Master Street and Highway Plan. - 1 4- Mr. Dickens introduced the following persons who had signed up to indicate their opposition to the Parkway, but did not wish to speak: Mr. Dan Fulta, President, Pembroke Meadow/Pembroke Shores Civic League Mr. James Dean, Kings Grant Civic League Mr. Irv Douglas, Kings Point Civic League Mrs. Ruth Killingsworth, Little Haven Civic League Mr. Bal Mancini, Inlynnview Civic League Mr. Joe Buchannon, President, Lynnhaven Clean Water Association Mr. Joe Anoli, Director, Recreation Center-Pembroke Mrs. Jeanette Willenbrink, Garden Club-Pembroke Meadows Mr. Henry Grey, Little Haven Civic League Mrs. Margarie Rice, Birchwood Clean Water Association Mr. Dickens indicated UCAP was appearing before Council today due to Council's asking the Planning Commission to prepare a recommendation concerning the deletion of Old Donation Parkway. Mr. Dickens noted that an Environmental ITipact Study has not been made. It would destroy the wetlands and water quality; and therefore, would be environmentally prohibitive, and it would have a detrimental affect on the neighborhood. Councilman Holland stated Old Donation Parkway has been discussed for many years, and many of the same comments then have been heard today. Councilman Holland indicated he did see a need for the Parkway in the future, and hoped Council would not delete it from the Master Street and Highway Plan completely. Mayor Standing indicated he has a real concern with regards to what priority transportation has in a community vs. quality of life, and sees this Parkway across the northern part of the City as having a major effect on land use decisions in that part of the City. Vice Mayor McCoy stated the needs for roads in this City are very strong, however, the problein with Old Donation Parkway lies in the fact that if this road were to be constructed it should have been done a long time ago. There is no question, however, that an Fast- West corridor is needed, but not in that particular area. Vice Mayor McCoy made a motion, seconded by Councilwoman Oberndorf, to delete Old Donation Parkway from the Master Street and Highway Plan. Councilman Payne asked the City Attorney if the City had any problem of maintaining the rights-of-way if the Parkway is deleted? The Citv Attorney indicated some rights-of-way will go back to the develop@rs who dedicated them, and some of the rights-of-way will be declared excess and disposed of that way. Councilman Payne indicated that looking in the future of our transportation system in the City, with what we know about the 3 / 5 / 7 9 - 1 5- fuel situation, it is felt that Mass Transit will have a tremendous impact on the City in the near future. Councilman Holland offered an AMENDMENT to the motion made by Vice Mayor McCoy, whereby if Old Donation Parkway is deleted from the Master Street and Highway Plan, the funds and the immediate engineering work being done on Witchduck Road be halted and shifted over to Haygood and Newtown Roads, on that portion north of Virginia Beach Boulevard. There being no second, the AMENDMENT to the motion was lost. On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to DELETE Old Donation Parkway from the Master Street and Highway Plan. Voting: 8-3 Council Members Voting Aye: F. Reid Ervin, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: Joh n A. Baum, Geor ge R. Ferre l 1 , an d Clarence A. Holland Council Members Absent: None - 1 6- (ITEM II-F) ITEM #13392 PUBLIC HEARING AN ORDINANCE TO AMEND THE MASTER STREET AND HIGHWAY PLAN DATED DECEMBER 16, 1974 PERTAINING TO OLD DONATION PARKWAY AND SOUTH BOULEVARD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Master Street and Highway Plan dated December 16, 1974, is hereby amended as follows: 1. Delete Old Donation Parkway from Great Neck Road to Independence Boulevard. 2. Delete South Boulevard from Rosemont Road to Palace Green Boulevard. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of March, 1979. Councilman Baum asked the City Attorney to respond to the questions asked today with regards to the Public Hearing in print and to prehaps suggest alternatives. The Mayor indicated he would like to see the City retain the property. Mr. Joe Mahar appeared regarding the deletion of South Boulevard from the Master Street and Highway Plan, and indicated he had a petition with 1500 signatures of people opposed to South Boulevard. Reverend Scott indicated his opposition to the proposed widening of South Boulevard and requested it be deleted from the Master Street and Highway Plan. Mr. Edward B. Lindsley, Jr., indicated that in the past he has appeared and requested approval of the widening of South Boulevard; however, due to the opposition to the construction of this Boulevard, it is requested that it be deleted from the Master Street and Highway Plan. - 1 8- ITEM #13393 Mrs. Kitty Hudgins appeared before Council regarding the Comprehensive, Zon i ng Ordinance; the con struction of First Colon ial Road; tax b il 1 s - proposed that the elderly have a frozen assessment on the property in which he/she resides. Mrs. Hudgins was also concerned about the members of the Boards and Commissions. (ITEM II-G.1) ITEM #13394 CONSENT AGENDA Raffle Permit for the Board of Virginia Beach Tennis Patrons. On motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted to APPROVE the Raffle Permit for the Board of Virginia Beach Tennis Patrons. 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 - 1 9- (ITEM II-I.a) ITEM #13395 ORDINANCES On motion by Counci I man Ferre l I , seco nded by Counci I man Ho l I and , Ci ty Council voted to ADOPT the Ordinance declaring certain property excess and authorizing the City Manager to dispose of same. (Francis Land (Rose Hall) Properties). 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 - 20 - AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME WHEREAS, it was necessary for the City of Virginia Beach, Virginia, to purchase certain vacant real property in connection with the acq uis ition of the histori c Franc is Land House; and, WHEREAS, the City Council is of the opinion that the following described property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to convey said property in whole or in part by general warranty deed, to-wit: All those certain parcels of property located in the City of Virginia Beach, Virginia, and identified as "17.4 Acres", "3.1 Acres, and "8.6 Acres", on that certain plat entitled "Subdivision of Rose Hall For The City of Virginia Beach, Virginia, Lynnhaven Borough - Virginia Beach, Virginia", dated June, 1978, pre- pared by Marsh and Basgier, Inc., P.C. a copy of which is attached hereto and marked as Exhibit A. 2. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of March, 1979. - 21 - (ITEM II-I.3-1) ITEM #13396 SECOND READINGS On motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to ADOPT ON SECOND READING the Ordinance to accept a Grant totaling $21,693 from the Division of Justice and Crime Prevention and to appropriate these funds. Voting: 11-0 Counci I Members Voti ng 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 - 2 2 - AN ORDINANCE TO ACCEPT A GRANT TOTALING $21,693 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the City of Virginia Beach wishes to institute a Program to assist victims and witnesses in understanding the operations and procedures of the Cr imi na 1 Ju stice System; and , WHEREAS, the Division of Justice and Crime Prevention (DJCP) has approved necessary funding to accomplish the objective stated above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept a Grant for the City, and funds are hereby appropriated for the following purpose: Estimated Revenue Local Total From Other Agencies Match Appropriations Victim/Witness Program $20,608 $1,085 $21,693 BE IT FURTHER ORDAINED that the appropriations will be financed by $20,608 estimated revenue from the DJCP and a local cash match of $1,085 from the City's Unappropriated Fund Balance; and, BE IT FURTHER ORDAINED that one personnel position is hereby authorized for the duration of the Grant, to be paid from the Grant, with the class of the employee to be determined by the City Manager. FIRST READING: February 26, 1979 SECOND READING: March 5, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of March 1 1979. 2 3- (ITEM II-I.4.a) ITEM #13397 CITY CODE AMENDMENTS On motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to ADOPT the Ordinance to amend and reordain Section 22-74.1 of the Code of the City of Virginia Beach pertaining to the display of City Decals. 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 - 2 4- AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-74.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO THE DISPLAY OF CITY DECALS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 22-74.1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 22-74.1. Terms "plates" or "tags" to include "decalcomania"; display of "decalcomania". As used in this Article, the words "plate", "plates", ..tag'. or "tags" shall be considered to include and mean "or decalcomania". In the event a decalcomania is issued in lieu of a metal plate, the same shall be displayed no more than three (3) inches from the bottom of the windshield of the vehicle for which issued and no more than one @arter of an inch (i) to the left or right of the State inspection sticker. The decalcomania for the current license year shall be the only City motor vehicle license decalcomania displayed. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of March, 1979. - 2 5- (ITEM II-J.b) ITEM #13398 OLD BUSINESS Mr. Michael Bowerman, Attorney, appeared before Council regarding the request of Mary Ruth Scott for the reconsideration of the appl ication of Joseph and Clara Mattox- Mr. Bowerman indicated there are matters which should be brought to Council's consideration. One being a letter to Mr. Hanbury from the Norfolk Utilities Department. The City Manager indicated he received a letter from the City Manager of Norfolk indicating he had been informed the City Council would re- consider the application today from B-2 to I-1, and Mr. Hurst wished to express his concern with the possibility of polluting Lake Lawson. Mr. Hanbury further indicated that Mr. Hurst also noted his concern for any development of that vacant land, whether it be for B-2, as previously zoned, or I-1 as City Council rezoned it. Mayor Standing asked if any member of Council on the prevailing side wished to make a motion to reconsider the application. There being no motion, the application was not reconsidered. (ITEM II-L) ITEM #13399 NEW BUSINESS Councilman Baum requested the four-ring notebooks, as seen by Council , be purchased and used for all Council Agendas. ITEM #13400 Vice Mayor McCoy discussed with Council an "Inter-City Bus Line", and noted he asked Mr. Echols, Chairman of the Tidewater Transportation District Commission, to prepare a report with regard to routes, funding, e t c . ITEM #13401 Councilwoman Henley mentioned the letter she sent to Council regarding Farmettes. Mrs. Henley requested this matter be heard on March 12, 1979, with a slide presentation concerning disclosure, notification of buyers in Agricultural areas. ITEM #13402 Councilman Ervin indicated he gave to Council a copy of House Bill 1636, and wished to make a few comments regarding this. The Code of Virginia, prior to this Session of the General Assembly, provided that City Council could condemn privately-owned water companies. There was, however, no provision to condemn privately-owned sewerage treatment plants. The Bill was adopted unanimously by the House and Senate. Councilman Ervin noted his regret that Council did not have a chance to vote on the Bill. - 26 - ITEM #13403 On motion by Council man Ferre l I , secon ded by Counci I man Ho IIand , City Council authorized the City Manager to renew a lease with the Defense Department on which the Admiral DeGrasse Overlook is constructed, to expire after September 5, 1981 to permit the celebration of the Battle Off the Capes. 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 - 2 7- ITEM #13404 On motion by Councilman Baum, seconded by Councilman Holland, and by unanimous vote, the meeting adjourned at 4:10 p.m- RL(th Hod L. Standing) City of Virginia Beach, Virginia March 5, 1979 h