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HomeMy WebLinkAboutFEBRUARY 12, 1979 CITY OF VIRGINII BEICI MUNICIPAL CENTER City" VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L@ STANDING, At L.,g, CLARENCE A. HOLLAND, M.D., B.y@id@ B.,..gb VICE MAYOR J. HENRY M,COY JR., D.D.S., K-p,,ill@ B@,.,gh DONALD W. MERRICK, Ly@@h.@@@ B.,..gh JOHN A. BAUM, BI.,k..,@, Bo,.,gh MEYERA E. OBERNDORF, At L.,g@ F. REID ERVIN, A, L.,g. J. CURTIS PAYNE, P,i@,.- A..@ B.,..gh GEORGE R. FERRELL, A, L.,g@ ROGER L. RIGGS, Vigi@i. B@.,b B.-.gb BARBARA M. HENLEY, P.@g. B.@.gb RUTIJ HODGES SMITH, Ci,y Cl@,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSTON: MONDAY, 12 FEBRUARY 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/DISCUSSION OF PERTTNENT MATTERS 1. Community Development Block Grant Prograrn: Discussion concerning the Public Hearing being held during formal session. 2. Application of Norman D. Fussell for a conditional use permit for construction of a putt-putt golf course at 205 17th Street: Request for expedited advertising after hearing by Planning Commission. 3. 1979 Virginia General Assembly: Status report on various @ills affecting Virginia Beach. TTEM II FORMAL SESSION: MONDAY, 12 FEBRUARY 1979 - 2:00 p.m. A. INVOCATTON - Reverend Robert A. Rose, Pastor, Conununity United Methodist Church, Virginia Beach, Virginia. B. PLEDGE OF ALLEGTANCE C. ROLL CALL OF COUNCIL D. MINUTES OF REGULAR PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 5 February 1979 E. RESOLUTIONS 1. Resolutions of Appreciation to be presented by Mayor Patrick L. Standing F. PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM G. CONSENT AGENDA (All matters listed under the Consent Agenda are considered to be routine by the City Coiincil and will be enacted by one motion in the form listed. There will be no separate discussion of these items. Tf discussion is desired, that item will be removed from the Consent Agenda and considered separately.) 1. Letter from the City Manager recommending approval of the following bingo and/or raffle permits: Bingo/Raffle Virginia Beach Education Association - Renewal Bingo/Raffle Temple Emanuel - Renewal Bingo/Raffle Ocean Park Volunteer Fire and Rescue Squad, Inc. Renewal Bingo men's Club Parish of the Holy Spirit - Renewal 2. Letter from the City Manager recommending approval of the request of Mr. John T. Atkinson, City Treasurer for tax refunds in the amount of $4,581.96. H. PLANNING TTEMS 1. RECOMMENDATIONS a. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of John E. and Myra A. Creekmore for a change of zoning from R-2 Residential District to R-5 Residential District on a 1.07-acre parcel located at the southeast intersection of Princess Avenue and Avalon Ave- nue (Kempsville Borouqh). Tn a letter dated January 22, 1979, Mr. and Mrs. Creekmore have requested withdrawal of their application. b. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Willis Realty for a change of zoning from R-6 Residential District to R-9 Residential Townhouse District on a 3.28-acre parcel and for a change of zoning from B-2 Community-Business District to R-9 Residential Townhouse District on a 1.32-acre parcel. These 4.60 acres are located on the east side of Thalia Road, north of Virginia Beach Boulevard (Kempsville Borough). C. Letter from the City Manager transmitting the reco=endation of the Planning Commission for approval of the application of Dean S. Potter, Gordon B. Potter, and John Ray Potter for a change of zoning from R-4 Residential District to A-2 Apartment District on a 4-acre parcel and for a chanqe of zoning from R-5 Residential District to A-2 Apartment District on a 25.302-acre parcel. These two undeveloped sites are located west of First Colonial Road, between Old Donation Parkway and Wildwood Drive (Lynnhaven Borough). d. Letter from the City Manager transmitting the recommendation of the Planninq Commission for approval of the application of Henry Clay Hofheimer, II, Edward D. Hofheimer, and Marie E. Mansbach for a change of zoning from R-1 Residential District to R-3 Residential District on a 80.533-acre parcel located on the east side of Harris Road, north of Little Neck Road (Lynnhaven Borough). These applicants have also petitioned for a condi- tional use permit for an open space option on this property. Tt is reco=ended that these items be considered concurrently. e. Letter from the City Dlanager transmittinci the recom- mendation of the Planning Commission for approval of the application of David Oglesby, etal., for a conditional use permit for an automobile service station and carwash facility on a .33-acre parcel located at the southviest intersection of Virginia Beach Boulevard and St. Paul Street (Lynnhaven Borouah). f. Letter from the City Manager transmittinq the recom- mendation of the Planning Commission for approval of the application of James and Frances Morrisson for a conditional use permit for a home occupation (music lessons) on a 15.794-acre parcel located on the west side of Muddy Creek Road, south of Horn Point Road (Pungo Borough). g. Letter from the City Manager recommending that City Coun- cil defer for two weeks the petition of Henry A. Shook and Phyllis S. Shook for the closure of a portion of Hill Road (Lynnhaven Borough). This matter was deferred on February 5, 1979, for one week. ORDINANCES 1. PLANNING - NONE 2. GRANTS - NONE 3. SECOND READTNGS - NONE 4. APPROPRIATTONS a. Letter from the City Manager recommending that City Council approve, on first reading, an ordi- nance to transfer appropriations within the Comprehensive Substance Abuse Programs. b. Letter from the City Manager recommending that City Council approve, on first reading, an ordi- nance to appropriate additional funds for the Virginia Alcohol Safety Action Prograrn (VASAP) in Virginia Beach. 5. CITY CODE AMENDMENTS a. Letter from the City Manager recomrqending that City Council approve, on first reading, the followina ordinances: 1. An ordinance to amend and reordain Section 33-2.1 of the Code of the City of Virginia Beach, Virginia, pertaining to real estate tax exemption for certain elderly and handi- capped persons. 2. An ordinance to arnend Sections 29-11 and 37-30 of the Code of the City of Virginia Beach relating to sewer and water line fee exemptions for certain elderly and handicapped persons. J. ADDITIONAL ACTION ITEMS a. Letter from the City Manager recormnending that City Council approve a Resolution requesting that the Norfolk City Council rescind Norfolk City ordinances preventing Virginia Beach-based taxicabs from picking up passengers at the Norfolk International Airport. K. OLD BUSINESS L. NEW BUSINESS M. ADJOURNMENT a. MOTION TO ADJOURN MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA February 12, 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, 12 February 1979, at 12:53 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 ITEM #13307 Mayor Standing entertained a motion to permit Council to conduct an INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the pur- pose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. (Personnel Matters). 2. Discussion or consideration of the condition, acquisition or use of real property for publicly held property. (Acquisition, use or disposition of publicly held property)'. 3. Investing of public funds where competition or bargaining are involved where, if made public initially, the financial interest of the governing unit would be adversely affected. (Financial Matters). 4. 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- Upon motion by Coun c il man Ervin , seconded by Coun c il man Hol 1 and , Ci ty Council voted to proceed into EXECUTIVE SESSION following the INFORMAL SESSION. 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 - 3 - ITEM #13308 Mayor Standing indicated that the Virginia Marine Resources Commission has contacted him, through the City Attorney, and noted that they had a 31' boat that they will station at Lynnhaven this summer to control the crab pot violations and any other violation over which they have jurisdiction, provided the City allows them to use a slip at the Lynnhaven Municipal Marina. Mayor Standing requested the City Manager expedite this. ITEM #13309 Mr. Hanbury indicated that the Community Development Advisory Committee has been meeting at length in order to get the Fifth Year Funding request for Community Develop Block Grant. He noted that the Committee has had meetings in the various community target areas, and have held public hearings. They are required by law to have one final Public Hearing with the Lgislative body, and it has been advertised for today. Mr. Hanbury noted that the purpose for the Public Hearing was to allow City Council and the Community Development Advisory Committee to have a joint Public Hearing. Any discussion at that time will be reviewed by the Community Development Committee. There will be no action proposed today, but the Committee will take whatever information expressed from the various target neighborhoods and prepare for City Council the Fifth Year lundin r nt application, including proposed d presen? I items recommen e , an it to Council at a later date. ITEM #13310 Mr. Hanbury indicated that he has had a request from Norman D. Fussell, who is applying for a conditional use permit for construction of a putt-putt golf course at 205 17th Street to be expedited from the Planning Commission hearing to the Council. Councilman Payne inquired about having this formally voted upon in the FORMAL SESSION in order to have record of it. Mr. Hanbury noted that the City Clerk included items under INFORMAL SESSION in the Council Minutes. ITEM #13311 Mr. Hanbury presented City Council a status report on those items that the Council has requested to the Members of the General Assembly, which are herein made a part of the Minutes. - 4- GENERAL ASSEMBLY ACTION ON CERTAIN BILLS AFFECTING VIRGINIA BEACH AS OF FEBRUARY 12, 1979 Bills of General Concern 1. H.B. 599 - State aid to localities for law enforcement, welfare, Circuit Court Judges, and Commonwealth Attorney's Offices. It pass the House 80-19; now has been reported from Senate Finance Committee. 2 . H.B. 602 - Increases lane mile maintenance payments for secondary and primary streets. It has been reported from the Senate Transportation Committee but no action taken yet by the full Senate. 3. S.B. 403 - Coastal Resources Management Bill - passed the Senate 21-19 with amendments; now in House Committee on Conservation and Natural Resources. A Public Hearing will be held February 16, 1979, at 9:00 a.m. 4. S.B. 804 - relating to Boards of Zoning Appeals - passed the Senate 27-8 with amendments; in House Committee on Counties, Cities & Towns. 5. H.B. 1954 introduced by Glenn McClanan would create a Marine Patrol Fund under the direction of the Virginia Marine Resources Commission which would pay for up to half the cost of local Marine Patrols. It has passed the House. Legislative Package A. Charter Bill - S.B. 627 introduced by Joe Canada to accomplish the Charter change requested by Council has passed the Senate 3 8- 0 . 1. Resolution supporting the use of Lake Gaston as a water source for Southeastern Virginia - H.J.R. 311 introduced by Owen Pickett has passed the House and is now in the Senate. 2. Camp Pendleton - H.B. 1943 was introduced by Owen Pickett would transfer all of Camp Pendleton, except the approximate 259 acres of the main base from the Department of Military Affairs to the Division of State Parks. This Bill passed the House 73-24 and is now in the Senate Courts of Justice Committee. 3. State Grievance Procedure - No Virginia Beach Legislator introduced a Bill on this item, however, H.B. 1325 was introduced by Delegate Cleaves Manning of Portsmouth which would have addressed our concerns. This Bill was killed in Committee. 4. Exemption from Sunday Closing Law for municipally-owned property - S.B. 891 was introduced by Joe Canada which would cover this request. It has passed the Senate 21-18 and is now in the House Committee on General Laws. - 5- 5. Tax on coin-OPerated amusement machines - no Bill was introduced on this subject. 6. Authority to expedite collection of delinquent taxes - S.B. 732 was introduced by Joe Canada to accomplish this request, however, Senator Canada decided to put this provision in our Charter Bill instead. Therefore, S.B. 732 was allowed to die. A related Bill, H.B. 1735, introduced by Delegate Joseph Leafe of Norfolk will also help expedite the collection of delinquent personal property taxes on automobiles. This Bill passed the House 97-0. 7. Issuance of a summons to juveniles for violation of local animal control laws - H.B. 1527 introduced by Delegate Frank Slayton of South Boston was amended by Bernard Barrow to include this provision. It passed the House 80-6 and is now in the Senate. 8. Right to inspect vehicles in auto dealerships, auto junk- yards, auto wrecking salvage yards, and motor vehicle demolishers - H.B. 1490 was introduced by Bernard Barrow which would have accomplished this request, however, it was allowed to die in favor of H.B. 665, which was to have been amended to include this provision. H.B. 665 passed the House without this provision and Senator Joseph Fitzpatrick is now attempting to amend the Bill in the Senate Transportation Committee to include it. III. Bills Requested But Not Included in the Legislative Package 1. S.B. 890 introduced by Joe Canada would allow localities to collect certain taxes through the use of credit cards - This Bill passed the Senate 31-7 and is in the House Finance Committee. 2. H.B. 1828 introduced by Glenn McClanan would allow localities to deposit federal funds received under a Title I program in a special fund which would not be construed to be part of the revenues of the locality. This Bill passed the House 36-0 and is now in the Senate Local Government Committee. 3. H.B. 1459 introduced by Delegate Tom Moss of Norfolk and amended by Glenn McClanan will allow breweries or distillers to sponsor professional athletic events and to use their name in connection with advertising for the event. This Bill passed the House 82-7. - 6- F 0 R M A L S E S S I 0 N Monday, February 12, 1979 ITEM #13312 2:06 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 INVOCATION was given by the Reverend Robert A. Rose, Community United Methodist Church. PLEDGE OF ALLEGIANCE - 7 - (ITEM II-D.1) ITEM #13313 M IN UTES The Minutes of January 22, 1979, having been previously approved by Council and found to be in error by omission are corrected as follows: ITEM #13258 - On motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to approve the following Ordinance vacating a portion of the plat of "Lynnhaven- Beach, amended map of property of Lynnhaven Beach & Park Company, Princess Anne County, of Virginia, 1913" with the stipulation that this request be subject to vacation, lat recordation, Of the area requested and the adjoining lot lines, in order that those lots currently fronting on this right-of-way wi I not be left without access to a public street. Upon motion by Councilman Merrick, seconded by Councilman Holland, CitY Council voted to APPROVE the correction in the Minutes of January 22, 1979. (The note registered is applicable only to the correction of January 22, 1979, Minutes. The Minutes of February 5, 1979, will be presented for approval on February 26, 1979. Voting: I 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 - 8- (ITEM II-E.1) ITEM #13314 RESOLUTIONS Mayor Standing entertained a motion for the adoption of the following Resolutions of Appreciation for Members of the Community Mental Health and Mental Retardation Services Board: Upon motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, City Council voted to ADOPT the Resolutions of Appreciation. 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 - 9- RESOLUTION OF APPRECIATION WHEREAS, the City Council of Virginia Beach has established a Community Mental Health and Mental Retardation Services Board pursuant to Chapter I 0 of Ti tl e 37. 1 of the Code of Vi rgin ia , as amended and, WHEREAS, the City Council has made appointments to the Virginia Beach Services Board authorizing it to plan for and to implement this City's public Mental Health, Mental Retardation and Substance Abuse Programs; and, WHEREAS, these appointees have provided the City Council and the residents of Virginia Beach with years of service resulting in the development of the current excellent programs which serve the Virginia Beach community. NOW, THEREFORE, BE IT RESOLVED that the City Council of Virginia Beach, Virginia, recognizes EVELYN BREEDEN for her outstanding and faithful service on the Virginia Beach Community Mental Health and Mental Retardation Services Board; and, BE IT FURTHER RESOLVED that City Council expresses its sincere appreciation to EVELYN BREEDEN for freely giving her time and ta lent which has resul ted in the presence of hi gh ca l iber commun i ty mental health, mental retardation, and substance abuse programs in Virginia Beach. THIS RESOLUTION adopted by the City Council of Virginia Beach, Virginia, on this Twelfth day of February, 1979. Patrick L. Standing Mayor -10- RESOLUTION OF APPRECIATION WHEREAS, the City Council of Virginia Beach has established a Community Mental Health and Mental Retardation Services Board pursuant to Chapter 10 of Title 37.1 of the Code of Virginia, as amended; a n d , WHEREAS, the City Council has made appointments to the Virginia Beach Services Board authorizing it to plan for and to implement this City's public Mental Health, Mental Retardation and Substance Abuse Programs; and, WHEREAS, these appointees have provided the City Council and the residents of Virginia Beach with years of service resulting in the development of the current excellent programs which serve the Virginia Beach community. NOW, THEREFORE, BE IT RESOLVED that the City Council of Virginia Beach, Virginia,recognizes ALAN B. COMESS for his outstanding and faithful service on the Virginia Beach Community Mental Health and Mental Retardation Services Board; and, BE IT FURTHER RESOLVED that City Council expresses its sincere appreciation to ALAN B. COMESS for freely giving his time and talent which has resulted in the presence of high caliber community mental health, mental retardation, and substance abuse programs in Virginia Beach. THIS RESOLUTION adopted by the City Council of Virginia Beach, Virginia, on this Twelfth day of February, 1979. Patrick L. Standing Mayor -11- RESOLUTION OF APPRECIATION WHEREAS, the City Council of Virginia Beach has established a Community Mental Health and Mental Retardation Services Board pursuant to Chapter 10 of Title 37.1 of the Code of Virginia, as amended; and, WHEREAS, the City Council has made appointments to the Virginia Beach Services Board authorizing it to plan for and to implement this City's public Mental Health, Mental Retardation and Substance Abuse Programs; and, WHEREAS, these appointees have provided the City Council and the residents of Virginia Beach with years of service resulting in the development of the current excellent programs which serve the Virginia Beach community. NOW, THEREFORE, BE IT RESOLVED that the City Council of Virginia Beach, Virginia,recognizes DAVID C. ECKHARDT for his outstanding and faithful service on the Virginia Beach Community Mental Health and Mental Retardation Services Board; and, BE IT FURTHER RESOLVED that City Council expresses its sincere appreciation to DAVID C. ECKHARDT for freely giving his time and talent which has resulted in the presence of high caliber community mental health, mental retardation, and substance abuse programs in Virginia Beach. THIS RESOLUTION adopted by the City Council of Virginia Beach, Virginia, on this Twelfth day of February, 1979. Patrick L. Standing Mayor - 1 2- RESOLUTION OF APPRECIATION WHEREAS, the City Council of Virginia Beach has established a Community Mental Health and Mental Retardation Services Board pursuant to Chapter 10 of Title 37.1 of the Code of Virginia, as amended; and, WHEREAS, the City Council has made appointments to the Virginia Beach Services Board authorizing it to plan for and to implement this City's public Mental Health, Mental Retardation and Substance Abuse Programs; and, WHEREAS, these appointees have provided the City Council and the residents of Virginia Beach with years of service resulting in the development of the current excellent programs which serve the Virginia Beach community. NOW, THEREFORE, BE IT RESOLVED that the City Council of Virginia Beach, Virginia, recognizes MARY C. RUSSO for her outstanding and faithful service on the Virginia Beach Community Mental Health and Mental Retardation Services Board; and, BE IT FURTHER RESOLVED that City Council expresses its sincere appreciation to MARY C. RUSSO for freely giving her time and talent which has resulted in the presence of high caliber community mental health, mental retardation, and substance abuse programs in Virginia Beach. THIS RESOLUTION adopted by the City Council of Virginia Beach, Virginia, on this Twelfth day of February, 1979. Patrick L. Standing Mayor - 1 3- RESOLUTION OF APPRECIATION WHEREAS, the City Council of Virginia Beach has established a Community Mental Health and Mental Retardation Services Board pursuant to Chapter 10 of Title 37.1 of the Code of Virginia, as amended; and, WHEREAS, the City Council has made appointments to the Virginia Beach Services Board authorizing it to plan for and to implement this City's public Mental Health, Mental Retardation and Substance Abuse Programs; and, WHEREAS, these appointees have provided the City Council and the residents of Virginia Beach with years of service resulting in the development of the current excellent programs which serve the Virginia Beach community. NOW, THEREFORE, BE IT RESOLVED that the City Council of Virginia Beach, Virginia, recognizes VIVIANA SKANSI for her outstanding and faithful service on the Virginia Beach Community Mental Health and Mental Retardation Services Board; and, BE IT FURTHER RESOLVED that City Council expresses its sincere appreciation to VIAIANA SKANSI for freely giving her time and talent which has resulted in the presence of high caliber community mental health, mental retardation, and substance abuse programs in Virginia Beach. THIS RESOLUTION adopted by the City Council of Virginia Beach, Virginia, on this Twelfth day of February, 1979. Patrick L. Standing Mayor - 1 4- (ITEM II-F) ITEM #13315 PUBLIC HEARING Mr. Hanbury introduced Chairman Barnett Thourogood of the Citizens Advisory Committee on Housing and Community Development who gave the following report which is hereby made a part of these proceedings: February 12, 1979 From: The Citizens Advisory Committee on Housing and Community Development To: The Honorable Mayor Members of the Council Dear Council Members: The following are the preliminary recommendations of the Citizens Advisory Committee on Housing and Community Development for allocation of funds for the Fifth Program Year (1979-1980). In order to encourage citizen participation in the formulation of the proposals, three public hearings have been held in central locations. All three public hearings were attended by members of the Committee. The meetings were as follows: January 2, 1979, at the Seatack Elementary School at 7:00 p.m., January 4, 1979, at the Center for Effective Learning at 7:00 p.m., and on January 30, 1979, at Princess Anne High School at 7:00 p.m. All suggestions made by citizens were duly recorded and may be obtained from the Grants Office or from the Secretary of the Committee. All suggestions have been carefully considered by the Committee. The Committee continues to recommend funds for the most basic community needs. These proposals are suggested, as they were last year, because they are a continuation of projects already in progress and deal directly with acute health hazards in particular neighborhoods or with critical conditions detrimental to safety or public welfare. The priority items continue to be water, sewers, housing rehabilitation, streets and drainage. In the interest of providing these necessities to other afflicted areas of the City, the Committee is suggesting the addition of three new target areas and the study of several other areas for inclusion in the program at a later date. The preliminary recommendations of the Committee in order of priority, as unanimously approved by the members, are: 1. Gracetown water and sewers 2. Reedtown to be included as a target area 3. Centerville Turnpike as a target area 4. Lake Smith as a target area 5. Study of Brownie Park, Great Neck Manor, Little Neck and Stumpy Lake for future inclusion in the program 6. Atlantic Park water 7. Continuation of the present schedule for Queen City 8. Clarification of the status of Burton Station as it relates to Virginia Beach, Norfolk, and the Norfolk Port and Industrial Authority 9. Improvement in drainage in Newsome Farms, if only of a temporary nature, since the streets in that area are under water - 1 5- 10. Increase of funds for assistance for water and sewer hookups by $380,Ooo to $500,000, since it is hoped that there will be a great increase in the number of people who will connect as projects are completed 11. An addition of $250,000 to the existing $515,000 already held for rehabilitation because, once again, it is hoped that as projects are completed more people will seek to add plumbing and toilet facilities to their home. 1 2. Increased administrative and technical support for the target areas by the addition of an inspector/estimator and a housing coordinator to the Community Development Staff Allocations for other than sewer, water and street projects will be considered for inclusion in the three year projected plan. Mr. Ben Moore, Director of Community Development Programs for the City, will be able to answer questions as to the availability of funds and the progress of projects to date. The Committee continues to seek suggestions for Fifth Year Programs which will assist it in preparing the final recommendations to be presented to City Council for its consideration on March 5, 1979. Very truly yours, The Reverend Barnett Karl Thourogood Chairman Citizens Advisory Committee on Housing and Community Development Chairman Thourogood introduced the Members of the Committee: Mr. Sam Houston, Mrs. Betty McClane, Mr. Bob Wilson, Mrs. Alice Walton, Reverend Tim Morgan, Mr. Joseph Lee, and Mrs. Alice Green The following persons appeared regarding this PUBLIC HEARING: Thomas Jennings Chris Ward of Volunteer America, Incorporated Howard Cullen, Executive Director, Mental Health and Mental Retardation Services Board Isabella Zabrinski, of the NAACP Beverly Woodhouse, representing the poor - 1 6- (ITEM II-G.1) ITEM #13316 CONSENT AGENDA COUNCILMAN PAYNE LEFT COUNCIL CHAMBERS 2:45 p.m. Bingo/Raffle Virginia Beach Education Association (Renewal Bingo/Raffle Temple Emanuel (Renewal) Bingo/Raffle Ocean Park Volunteer Fire and Rescue Squad, Inc. (Renewal) Bingo Men's Club Parish of the Holy Spirit (Renewal) Upon motion by Councilwoman Oberndorf, seconded by Councilman Riggs, City Council voted to APPROVE the Bingo/Raffle Permits. Voting: 10-0 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Curtis Payne - 1 7 - (ITEM II-G.2) ITEM #13317 On moti on by Coun c i I woman Obern dor f , secon ded by Coun c il man R i ggs City Council voted to APPROVE the request of Mr. John T. Atkinson, City Treasurer, for tax refunds in the amount of $4,581.96. Voting: 1 0- 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, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Curtis Payne ri 581 . 96 5 'IVX r y p J- f. C -f VF-A'2, O,- LP Telepi-ioiie 7 7 - 78 PS.IIZE-L 6I 78 1 0 0 C&P Tel(,T)hone 77-78 PS-RE--l,l 6/1/78 849.F@9 C@,P Tel-e,llir)rie 7 7 -78 PS-Rr-1-19 6/1/78 .&P Telen)l,)ne 77.L78 P@-RE-25 6 /l./ 7 8 8 C@IP Telc@'iL)nc 77..78 PS-RE-36 ii/ 118 7 O'. i- b 0. @l, 1978 PP 64848 5/1'i/78 i i -5@. D., Jr. 1978 pp 1201'4'@4 11/14/78 3z,. C@)fi-rcn, M. 1978 PP 119264 112/5/78 1.09.'-;8 Kli-ne i,ea@l-ii 11)79 'CD '@03253 g Corp. /16/79 C)O' @ezsitig Corp. 1979' CD 103230 /16/79 00 "Ii-ne Leasing -19 Corp. 19, CD 103237 /16/79 15-.00 !',l-ir,c Lea-l@ing Corp.- 1979 -D '@031,45 /16/7@@ A. 1979 CD 145694 I,/10/7@,, 3.. o@. t@ettle'L-on 1979 IIE 31966,-3('L!2) 9 6 0 @4. N. 1979 CD 140'L77 1/10/79 'irpen@.er, Nor@na j. 1979 CD 111872 i/121'/9 C, 1979 CD 26175 1/1.5/-'9 Willis A. 1-9 1 9 ICD 10599 1/3/79 H,Iqlovit, Joan @l. 197S CD 4 63 57 11/21/78 L(161-em@-n Coils-L. co. '@979 CD 1.9 12 5 1/8 /-/,g )5.00 T-,117abeth M, 1979 "D 83719 1/10/79 15. n@o Wiill-i-am.s, Fred M 1979 CD 1121193 1/10/79 '. 5 '. cc,oper,.Mary C. J-979 Gi) 14918 1/11/79 1-5 D 0 -W(@ll, Katharine D. 1979 CD 83775 1/1@0/?9 ,s( 15. 011) Leo W. 11979 CD 104599 1/5/79 i5, (,i- Alan J. li@79 c]) 121177 1/12/'79 Ur..dc-.,-4uo, Zollie L. 1979 CD 29188 1./12/79 15.00 Zollie L. 1979 Cl) 2 91 8 7 -/12/79 1 5. "allterson, Doyle l@9,19 CD 8294.5 j./9/79 i C"reerie, Carniel M. l@9'1 9 CD 112730 @1/16/79 15.0@- Lairett, Katherine 1SS79 CD 32'4'3-/- 1/15/79 115.00 B;ount, Howard T. 1979 CD 12322 I/lL/79 15-00 W,,)C)d, Sarah D. 1979 CD 22945 1/11/79 1:5. 00 Cunningliam, C. D. 1979 CD 132266 lfl8/79 15.00 U,dvis, Bruce W.- 1-979 DogT,18275 12/1/79 5.00 Palmer, Robert G. 1979 CD 142219 l@/17/79 3.00 Pendl.eton, Barbara 1978 Pkng 10107 -0/26/78 -@.oo Bre@nner, Hant-tah K. 1978 Pkng 18170 .2/6/78 5.00 c were t,y -C i-l,- f t b. @ c i. tj I -1, z- U5 AF, d -is to fo.-r:i@ -@l @ld Cit:y Clerk - 1 9- (ITEM II-H.l.a) ITEM #13318 PLANNING ITEMS COUNCILMAN PAYNE ENTERED COUNCIL CHAMBERS AT 2:47 p.m- Mr. Howard Jones appeared in opposition to this application. Mayor Standing inquired whether there was anyone here in favor of this application. There was no response. On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission for DENIAL of the appl ication of JOHN E. AND MYRA A. CREEKMORE for a Change of Zoning District Classification from R-2 Residential District to R-5 Residential District. Voting I I - 0 Council Members Voting Aye: (for denial) 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 upon application of John E. and Myra A. Creekmore for a Change of Zoning District Classifi- cation from R-2 Residential District to R-5 Kesi- ential District on certain property located at the Southeast intersection of Avalon Avenue and Princess Avenue, running a distance of 166-37 feet along the East side of Avalon Avenue, running a distance of 300 feet along the Southern property line, running a distance of 112.93 feet along the Eastern property line, running a distance of 279.12 feet along the South side of Princess Avenue and running around a curve a distance of 46.35 feet. Said parcel contains 1.07 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to deny this request. It was felt the proposed zoning is incompatible with the adjoining de- velopment pattern and would promote an increased density in the surrounding area. - 21 - (ITEM II-H.l.b) ITEM #13319 Mr. Jerry Adams appeared in favor of this application Mr. R. M. Kreassig, Thalia Civic League, appeared in opposition to this request. The following persons registered by telephone in opposition to this request: Mr. Chuck Coleman Mr. Frank Retzke Mr. and Mrs. Stone Mr. and Mrs. Taylor Mr. and Mrs. Wilson Mrs. Arnold Rebekah Messick Mrs. Krecker Mr. V. Mayor Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to DENY the application of WILLIS REALTY for a Change of Zoning District Classification from R-6 Residential District to R-9 Residential Townhouse District as it was felt that the traffic situation is inadequate and the school situation is critical. An Ordinance upon application of Willis Realty for a Change of Zoning District Classification from R-6 Residential District to R-9 Residential-Townhouse District on certain property located on the East side of Thalia Road beginning at a point 765 feet North of Virginia Beach Boulevard, running a distance of 235 feet along the East side of Thalia Road, running a distance of 655 feet along the Northern property line, running a distance of 180 feet along the Eastern pro- perty line and running a distance of 645 feet along the Southern property line. Said parcel contains 3.28 acres. KEMPSVILLE BOROUGH. Voting: 11-0 - 2 2 - Council Members Voting Aye: (for denial) 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 3 - (ITEM II-H.l.b) ITEM #13320 Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to DENY the application of Willis Realty for a Change of Zoning District Classification from B-2 Community-Business District to R-9 Residential-Townhouse District as it was felt that the traffic situation is inadequate and the school situation is critical. An Ordinance upon application of Willis Realty for a Change of Zoning District Classification from B-2 Community-Business District to R-9 Residential- Townhouse District on certain property located on the East s i de of Thal ia Road beg in n in g at a poin t 650 f eet North of Virginia Beach Boulevard, running a distance of 115 feet along the East side of Thalia Road, running a distance of 645 feet along the Northern property line, running a distance of 120 feet along the Eastern property line and running a distance of 640 feet along the Southern property line. Said parcel contains 1.32 acres. KEMPSVILLE BOROUGH. Voting: 11-0 - 24- Council Members Voting Aye-. (for denial) 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 5- (ITEM II-H.l.c) ITEM #13321 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant The f ol lowing persons appea red in opposition to th is appl i cation: Mrs. Bobbye Michaels, President, Civic League Mr. Larry Wilson, President, Great Neck Civic League Mr. John Gravi tt , Chairman , Great Neck As soc iation Mr. Roy Schumann registered in opposition but not appearing. Mr. Wright submitted the following letter by the Great Neck Association of Civic Leagues, which is hereby made a part of these proceedings: GREAT NECK ASSOCIATION OF CIVIC LEAGUES 2517 Inlynnview Road Virginia Beach, Virginia 23454 October 3, 1978 The Great Neck Association met recently and one of the topics that was discussed is the proposed zoning Ordinance that would allow 5,000- square foot lots. It was pointed out, existing zoning, which permits Townhouses that use common roofs and walls should be more economical to construct and sell than single-residential units that would be built on the 5000-square foot lots. The unit that would be built on the 5000 square foot lot would have their own roof and four walls that are not in common with other units. We al so have concerns about dens i ty and feel the ti me has no t arr i ve d , that Virginia Beach should be the first City in the Tidewater area to approve 5000 square foot single-residential lots. The Great Neck Association voted unanimously against this proposal and we urge you to deny this request. Another item that was discussed in the request for rezoning by the Potter Brothers from R-4 and R-5 to A-2 Apartment District on land that is in the vicinity of First Colonial Road. This rezoning request will come before you at one of your October Council meetings. These two requests were originally deferred by the Planning Commission for 60 days. During this 60 day period, we met with the developer three times, along with other civic leagues from the First Colonial Road area, to see if a compromise was possible. - 2 6- At our last meeting, the developer agreed to leave a 100 foot strip of the existing R-5 zoned land adjacent to the Old Great Neck Paper Road. This strip plus the Paper Road, should act as a good natural boundary with the adjacent R-5 land that is being developed as single-residential by the Great Neck Meadows Developers. Also, it was agreed the R-5 stub of land that borders on Old Donation Parkway, would be developed as 0-1. The developer agreed to an overall apartment density of about 437 units. Since the meeting, the developer has modified the count to 373 units. Prior to negotiations, the developer was talking about a density of 54-6 units for this area. The 373 unit figure represents a decrease of 31% from the original 540 unit figure. These requests were approved by the Planning Commission and we feel this is a good compromise for all concerned and recommend that you approve the Potter Brothers request. Yours very truly, Albert W. Balko, Chairman On motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to APPROVE the application of DEAN S. POTTER, GORDON B. POTTER, AND JOHN RAY POTTER, for a Change of Zoning District Classifi- cation from R-4 Residential District to A-2 Apartment District (item la): ORDINANCE UPON APPLICATION OF DEAN S. POTTER, Z0279411 GORDON B. POTTER, AND JOHN RAY POTTER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 RESIDENTIAL DISTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Dean S. Potter, Gordon B. Potter, and John Ray Potter, for a Change of Zo@n District Classification from R-4 Residential District to A-2 Apartment District on certain property located 600 feet West of First Colonial Road beginning at a point 200 feet South of Old Donation Parkway, running a distance of 210 feet more or less along the Northern property line, running a distance of 988.03 feet more or less along the Western property line, running a distance of 182.50 feet along the Southern property line and running a distance of 1044.58 feet more or less along the Eastern property line. Said parcel contains 4 acres more or less. LYNNHAVEN BOROUGH. Approval of this request is subject to the following conditions in conjunction with the intended use of the I a n d : 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary along Wildwood Drive; this includes pavement widening, curb and gutter, sidewalk and drainage facilities. - 2 7- 4. Existing ditches which can be piped with a 72-inch or less pipe must be eliminated with development. 5. A 175-foot strip along the Western property line is to remain R-5 Residential District. 6. It is understood that a voluntary agreement is to be recorded indicating that no more than 373 dwellings are to be constructed. 7. Improvements along First Colonial Road are to be completed before the apartments are occupied. And further subject to the following conditions prior to the change on the official zoning map: 1. A dedication of right-of-way 25-feet from the centerlinp of the existing 30-foot right-of- way along the 811.74 foot frontage on Wildwood Drive (a 10-foot dedication). This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of February, 1979. - 28- Voting: I 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 9- (ITEM II-H.l.c) ITEM #13322(a) Councilman Merrick made a motion, seconded by Councilman Riggs, to DENY the application of DEAN S. POTTER, GORDON B. POTTER, AND JOHN RAY POTTER, for a lan e nin 5 Classificatioonn from R-5 of Zo 'i trict t ct to rt t it@. I Residential Distri A-2 Ap ent Di tric b Voting: 5- 6 Council Members Voting Aye: (for denial) F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs Council Members Voting Nay: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and Mayor Patrick L. Standing Council Members Absent: None The motion for denial of the application of Dean S. Potter, Gordon B. Potter and John Ray Potter was LOST. - 30 - (ITEM II-H.l.c) ITEM #13322(b) Upon moti on by Coun c il man Baum , seco n ded by Coun c il man Ho l I and , Ci ty Council voted to APPROVE the application of DEAN S. POTTER, GORDON B. POTTER, AND JOHN RAY POTTER, for a Change of Zoning District Classifi- cation from R-5 Residential District to A-2 Apartment District (item lb): ORDINANCE UPON APPLICATION OF DEAN S. POTTER, Z0279412 GORDON B. POTTER, AND JOHN RAY POTTER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 RESIDENTIAL DISTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Dean S. Potter, Gordon B. Potter, and John Ray Potter for a Change of Zoning District Classification from R-5 Residential District to A-2 Apartment District on certain property located at the Northeast intersection of Wildwood Drive and Old Great Neck Road, running a distance of 811.74 feet along the North side of Wildwood Drive, running a distance of 1491.03 feet more or less along the Eastern property line, running a distance of 70 feet more or less in a Westerly direction, running a distance of 180 feet more or less in a Northerly direction, running a distance of 120 feet more or less along the South side of Old Donation Parkway and running a distance of 1923 feet along the East side of Old Great Neck Road. Said parcel co nta in s 25. 302 acres more or less. LYNNHAVEN BOROUGH. Approval of this request is subject to the following conditions in conjunction with the intended u-@ of the I a n d : 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary along Wildwood Drive; this includes pavement widening, curb and gutter, sidewalk and drainage facilities. 4. Existing ditches which can be piped with a 72-inch or less pipe must be eliminated with development. 5. A 175-foot strip along the Western property line is to remain R-5 Residential District. 6. It is understood that a voluntary agreement is to remain R-5 Residential District. - 31 - 7. Improvements along First Colonial Road are to be completed before the apartments are occupied. And further subject to the following conditions prior to the change on the official zoning map: 1. A dedication of right-of-way 25 feet from the centerline of the existing 30-foot right-of-way along the 811.74 foot frontage on Wildwood Drive (a 10-foot dedication). This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of February, 1979 3 2 - Voting: 6- 5 Council Members Voting Aye: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, and Roger L. Riggs Council Members Absent: None - 3 3 - (ITEM II-H.l.d) ITEM #13323(a) Mr. E . Kenneth Day, representin g the app Iicants , appeared in favor. Mr. Louis Tourgee appeared in favor of this application. The following persons appeared not in opposition to the R-3 zoning, but in support of the R-1 zoning plan that has been maintained in the Little Neck area. Attorney James M. Pickrell Martha Kessler Albert C. Davis, Jr. William C. Thornton, Jr. Melvin B. Baker James R. Clark Councilman Merrick made a motion, seconded by Councilwoman Oberndorf, to deny the application of HENRY CLAY HOFHEIMER, II, EDWARD D. HOFHEIMER AND MARIE A. MANSBACH, for a Change of Zoning District Classification from R-1 Residential District to R-3 Residential District. Voting : 5- 6 Council Members Voting Aye: (for denial) F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs Council Members Voting Nay: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and Mayor Patrick L. Standing Council Members Absent: None - 3 4- The motion for denial of the application of Henry Clay Hofheimer, II@ Edward D. Hofheimer and Marie A. Mansbach was LOST. (ITEM II-H.I.d) ITEM #13323(b) Upon motion by Councilman Hol land, seconded by Councilman Baum, City Council voted to APPROVE the application of HENRY CLAY HOFHEIMER, II, EDWARD D. HOFHEIMER AND MARIE A. MANSBACH, for a f 'o n C'an'e 0 District Classification from R-1 Residential District t. R-3 Resid@nti,,l District: ORDINANCE UPON APPLICATION OF HENRY CLAY Z0279413 HOFHEIMER, II, EDWARD E. HOFHEIMER AND MARIE A. MANSBACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 RESIDENTIAL DISTRICT TO R-3 RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Henry Clay Hofheimer, II, Edward D. Hofheimer and Marie A. Mansbach, for a Chanqe of Zoning District Classification from R-1 Residential District to R-3 Residential District on certain property located on the East side of Harris Road beginning at a point 935 feet North of Little Neck Road, running a distance of 1498 feet along the East side of Harris Road, running a distance of 1348.74 feet along the Northern property line, running around a curve in an Easterly direction a distance of 1866.58 feet, running a distance of 475 feet in a Southeasterly direction, running a distance of 619.51 feet in a Southwesterly direction and running a distance of 2838.18 feet along the Southern property line. Said parcel contains 80.533 acres. LYNNHAVEN BOROUGH. Approval of this request is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary along Harris Road; this includes pavement widening, curb and gutter, sidewalk, drainage facilities and street 1 ights. 4. Revised open space promotion plan to be submitted extending the open space area further to the west so that is contains frontage on a street. Minimum sized lot to be created should be 1 9,000-20,000 square feet in area. - 3 5 - And further subject to the following condition prior to the change on the official zoning map: 1. A dedication of right-of-way from the centerline of the existing variable right-of-way along the 1498 frontage on Harris Road (a variable dedication). This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virgiia Beach, Vi rgin ia , on the Twel f th day of February , 1 979. 3 6- Vot ing 6- 5 Council Members Voting Aye: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs Council Members Absent: None - 3 7- (ITEM II-H.l.d) ITEM #13323(c) Councilman Merrick made a motion, seconded by Councilwoman Oberndorf, to DENY the application of HENRY CLAY HOFHEIMER, II, EDWARD D. HOFHEIMER, and MARIE A. MANSBACH, for a Conditional Use Permit for an open space option. Voting: 5-6 Council Members Voting Aye: (for denial) F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs Council Members Voting Nay: John A. Ba um , George R . Ferrel 1 , Cl arence A . Hol I an d , Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and Mayor Patrick L. Standing Council Members Absent: None The motion for denial of the application of Henry Clay Hofheimer, II, Edward D. Hofheimer and Marie A. Mansbach, for a Conditional Use Permit for an open space option was LOST. - 38- (ITEM 11-H.l.d) ITEM #13323(d) Upon motion by Coun c il man Hol l and , seconded by Council man Baum, Ci ty Council voted to APPROVE the application of HENRY CLAY HOFHEIMER, II, EDWARD D. HOFHEIMER and MARIE A. MANSBACH, for a Conditional Use Permit for an open space option: ORDINANCE UPON APPLICATION OF HENRY CLAY HOFHEIMER, R0279231 II, EDWARD D. HOFHEIMER AND MARIE A MANSBACH FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE OPTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Henry Clay Hofheimer, II, Edward D. Hofheimer and Marie A. Mansbach, for a Con- ditional Use Permit for an open space option on certain property located on the East side of Harris Road beginning at a point 935 feet North of Little Neck Road, running a distance of 1498 feet along the East side of Harris Road, running a distance of 1348.74 feet along the Northern property line, running around a curve in an Easterly direction a distance of 1866.58 feet, running a distance of 475 feet in a Southeasterly direction, running a distance of 619.51 feet in a Southwesterly direction and running a distance of 2838.18 feet along the Southern property line. Said parcel contains 80.533 acres. LYNNHAVEN BOROUGH. Approval of this request is subject to the following conditions in conjunction with the intended use of the I a n d : 1 - Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary on Harris Road; this includes pavement widening, curb and gutter, sidewalk, drainage facilities and street lights. 4. A dedication of right-of-way from the centerline of the existing variable right-of-way along the 1498 foot frontage on Harris Road (a variable dedication). 5. A revised open space promotion plan to be submitted extending the open space area further to the west so that it contains frontage on a street. Minimum sized lot to be created should be 19,000-20,000 square feet in area. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of February, 1979. 3 9- Voting 6 - 5 Council Members Voting Aye: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, and Roger L. Riggs Council Members Absent: None - 40 - (ITEM II-H.l.e) ITEM #13324 Richard Browner appeared in fa vor of th is app Iication. On motion by Councilman Merrick, seconded by Councilman Ferrell, City Council voted to APPROVE the application of DAVID OGLESBY, et al, for a Conditional Use Permit for a car wash facility (ONLY), with the stipulation that recyTI-ed water must be used. ORDINANCE UPON APPLICATION OF DAVID OGLESBY R0279232 ET AL, FOR A CONDITIONAL USE PERMIT FOR A CAR WASH FACILITY (ONLY) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of David Oglesby, et al, for a Conditional Use Permit for a car wash facility on certain property located at the Southeast intersection of Virginia Beach Boulevard and St. Paul Street, running a distance of 125 feet along the South side of Virginia Beach Boulevard, running a distance of 115 feet along the Eastern property line, running a distance of 125 feet along the Southern property line and running a distance of 115 feet along the East side of St. Paul Street. Said parcel contains .33 acre. LYNNHAVEN BOROUGH. Approval of this request is subject to the following conditions in conjunction with the intended use of the 1 a n d : 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Parking at a ratio of 3 spaces for each car wash space within the facility. 4. No water shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 5. Right-of-way improvements will be necessary along both Virginia Beach Boulevard and St. Paul Street; this includes pavement widening, curb and gutter, sidewalk, drainage facilities and street lights. 6. Recycled water must be used. 7. A dedication of right-of-way 40 feet from the centerline of the existing 50-foot right-of-way and a reservation of an additional 5 feet along the 125-foot frontage on Virginia Beach Boulevard (a 15-foot dedication and a 5-foot reservation). This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of December, 1979. - 41- 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.l.f) ITEM #13325 Mr. James Morrisson appeared in favor of this application. Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council voted to APPROVE the application of JAMES AND FRANCES MORRISSON for a Conditional Use Permit for a home occupation (music lessons): ORDINANCE UPON APPLICATION OF JAMES AND R0279233 FRANCES MORRISSON FOR A CONDITIONAL USE 'PERMIT FOR A HOME OCCUPATION (MUSIC LESSONS) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of James and Frances Morrisson for a Conditional Use Permit for a home occupation (music lessons) on certain property located on the West side of Muddy Creek Road beginning at a point 1100 feet South of Horn Point Road, running a distance of 351.60 feet along the West side of Muddy Creek Road, running a distance of 1378.76 feet along the Southern property line, running a distance of 571.42 feet along the Western property line, running a distance of 1053.55 feet along the Northern property line, running a distance of 165.23 feet in a Southerly direction and running a distance of 355.77 feet in an Easterly direction. Said parcel contains 15.794 acres. PUNGO BOROUGH. Approval of this request is subject to the following condition in conjunction with the intended use of the I a n d : 1. Compliance with Article 2, Section 229 of the Comprehensive Zoning Ordinance pertaining to home occupations. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of December, 1979. 4 3- 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 - 44- (ITEM II-H.l.g) ITEM #13326 Upon motion by Coun c il woman Oberndorf , seconded by Council man Ferre l 1 City Council voted to DEFER UNTIL FEBRUARY 26, 1979, the application of Hen ry A. Shook and Phyl 1 is S. Shook for a petition for the clo sure of a portion of Hill Road, in the Lynnhaven Borough. Voting: 11-0 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 5- ORDINANCE NUMBER IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS HILL ROAD, LOCATED IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN SURVEY ENTITLED, "SURVEY OF HILL ROAD AS SHOWN ON PLAT ENTITLED 'LAKE SHORE PARK', VIRGINIA BEACH, VIRGINIA", WHICH IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK I AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by HENRY A. SHOOK and PHYLLIS S. SHOOK, that they would make application to the Council of the City of Virginia Beach, Virginia, on January 22, 1979, to have the hereinafter described street discontinued, closed and vacated; and, WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: Hill Road beginning at a point which is located with respect to the intersection of the northern right-of- way line of Bay Colony Drive (formerly Sunset Shores Parkway), and the western lot line of Lot I as shown on the plat entitled "Division of Sites 3, 4, and 5 located in Lake Shore Park, Princess Anne County, Virginia, Made For Watts Hill, Scale 1" = 50', August 3, 1950" and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 115, at page 22 as follows: From said point of intersection along the said northern right-of-way line of Bay Colony Drive South 890 24' East for a distance of 109.10 feet to a point which is the true point of beginning; and from said point of beginning to the left along the arc of a curve having a radius of 25.00 feet for an arc distance of 39.27 feet to a point in the western right-of-way line of Hill Road; thence along said western right-of-way line of Hill Road North 00@ 36' East for a distance of 125.00 feet to a pipe; thence North 12@ 47' East for a distance of 236.7 feet, more or less, to a pin in the shore line of Crystal Lake ("first shore line pin"); thence in a generally southeastern direction along the shore line of Crystal Lake to a pin ("second shore line pin") in the eastern right-of-way line of Hill Road, which second shore line pin is located with reference to the first shore line - 4 6- pin as follows: From said first shore line pin South 12@ 47' West for a distance of 19 feet, more or less, to a pin; thence South 81' 16' 24" East 15.35 feet to the said second shore line pin; and continuing from said second shore line pin along the eastern right-of- way line of Hill Road South 12@ 47' West for a distance of 147.57 feet to a pin; thence South O' 36' West for a distance of 191.38 feet to a point; thence to the left al on g the arc of a curve havin g a rad i us of twenty-f i ve feet an arc distance of 39.27 feet to a point in the north right-of-way line of Bay Colony Drive; thence North 89@ 24' West along the north right-of-way line of Bay Colony Dr i ve f or a d i stance of 80 f eet to the po in t of begin n in g . Said parcel of land being Hill Road, as indicated on that certain "Survey of Hill Road As Shown On Plat Entitled 'Lake Shore Park', Virginia Beach, Virginia", which survey is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book I at Page and which is made a part hereof by reference. SECTION II This Ordinance shall be in effect from the date of its passage. - 4 7- (ITEM II-I.4.a) ITEM #13327 ORDINANCES Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to APPROVE ON FIRST READING the Ordinance to transfer appropriations, totaling $345,937, within the Comprehensive Substance Abuse Program. V o t i n g :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 8- AN ORDINANCE TO TRANSFER APPROPRIATIONS WITHIN THE COMPREHENSIVE SUBSTANCE ABUSE PROGRAM WHEREAS, the Virginia Beach City Council approved an appropriation of $110,035 for Administration/Indirect Services and $235,902 for Direct Services, in the Fiscal Year 1978-79 Comprehensive Substance Abuse Operating Budget; and, WHEREAS, the State Department of Mental Health and Mental Retardation requires the Comprehensive Substance Abuse Program to separate drug and alcohol programs for funding purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to transfer appropriations within the Comprehensive Substance Abuse Programs; as follows: Approved Revised Budget Budget Administration/Indirect Services $110,035 $ -0- Direct Services 235,902 -0- Drug Services -0- 248,636 Jail Drug Program -0- 1 7, 51 1 National Institute of Drug Abuse Program -0- 2 7, 7 50 Alcohol Services -0- 5 2, 0 40 $345,937 $345,937 First Reading: February 12, 1979 Second Reading: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 1979. - 4 9- (ITEM II-I.4.b) ITEM #13328 Upon motion by Councilman Holland, seconded by Councilman Baum, City Council voted to APPROVE ON FIRST READING the Ordinance to appropriate addition funds for the Virginia Alcohol Safety Action Program (VASAP) in Virginia Beach. 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 - 50 - AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS FOR THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM (VASAP) IN VIRGINIA BEACH WHEREAS, the Virginia Beach City Council approved an appropriation of $47,200, and estimated revenue of $47,200, for the the Alcohol Safety Action Program, in the Fiscal Year 1978-79 Operating Budget; and, WHEREAS, the approved appropriation was based on a projected 15 clients per month; and, WHEREAS, the Program is actually treating an average of 24 clients per month; and, WHEREAS, estimated revenue from fees is projected to increase by $21,458. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the additional fees for the City, and funds are hereby appropriated for the following purpose: Approved Re vi sed Total Increase Budget Budget in Appropriations VASAP $47,200 $68,658 $21,458 BE IT FURTHER ORDAINED that the increase in appropriations be financed by $21,458 Estimated Revenue from fees. First Reading: February 12, 1979 Second Reading: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of -1 1979. - 51- (ITEM II-I.5.a) ITEM #13329 CITY CODE AMENDMENTS Upon motion by Councilman Holland, seconded by Councilman Payne, City Council voted to APPROVE ON FIRST READING the Ordinance to amend and reordain Section 33-2.1 of the Code of the City of Virginia Beach, pertaining to Real Estate Tax Exemption for certain elderly and handicapped persons. 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 2- AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-2.1 OF THE CODV OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO REAL ESTATE TAX EXEMPTION FOR CERTAIN ELDERLY AND HANDICAPPED PERSONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That certain portions of the above mentioned Section of the Code of the City of Virginia Beach are amended or added as follows: (c) (2) The head of a household occupying the dwelling and owning title or partial title thereto is sixty-five (65) or older on June 30th of the year immediately preceding the taxable year. if such person is under sixty-five (65) years of age, he or she shall possess a certification by the Social Security Administration, the Veteran's Administration, or the Railroad Retirement Board, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in the Commonwealth, to the effect that such person is permanently and totally disabled, as defined in subsection (g). The affidavit of at least one of such doctors shall be based upon a physical exam- ination of such person by such doctor. The affidavit of one of such doctors may be based upon medical information contained in the records of the Civil Service Commission which is relevant to the standards for determining permanent and total disability as defined in subsection (g). Such medical affidavits shall be filed not later than August 15th, but after the Fifteenth day of April of each taxab@e year. Such dwelling must be occupied as the sole dwelling of the person or persons claiming exemption. (c) (4) That the total combined income during the immediately preceding calendar year from all sources of the owners of the dwelling living therein and of the owner's relatives living in the dwelling does not exceed - 53- Eight Thousand Five Hundred Dollars ($8,500) provided that the Two Thousand Dollars ($2,000) of income of each relative, other than spouse, of the owner, or owners, who is living in the dwelling shall not be included in such total. (c) (5) That the net combined financial worth of the owner as of December 31 of the year immediately preceeding the taxable year shall be determined by the administrator to be an amount not to exceed Thirty-Five Thousand Dollars. (d) Annually, and not later than August 15 but after the -Fifteenth day of April, the person or persons claiming an exemption must file a real estate tax exemption affidavit with the administrator. Such affidavit shall set forth, in a manner prescribed by the administrator, the location, assessed value of the property and the names of the related persons occupying the dwelling for which exemption is claimed, their gross combined income, and their net combined financial worth. (e) Amount of exemption (1) When a person claiming exemption conforms to the standards and does not exceed the limitations contained in this section the tax exemption shall be as shown on the following schedule: Total Income Tax All Sources Exemptions $ 00.00 to $3,500.00 100% 3,501.00 to 5,000.00 80% 5,001.00 to 6,000.00 60% 6,001 .00 to 7 O 00 . 00 40% 7, 001 . 00 to 8, 500 . 00 20 % (e) (2) in any tax year in which the amount appropriated by Council for the purpose of providing real estate tax exemption for the elderly and the handicapped shall not be sufficient to afford the entire exemption allowable under the computations made pursuant to subparagraph (e) (1) above, the amount of exemption shall be computed as a fraction of that produced under the formula set out in subparagraph (e) (1), the - 54- numerator of the fraction to be the amount of the appropriation for the tax year and the denominator of the fraction to be the total amount of all allowable exemptions computed under the formula shown in subparagraph (e ) (1 ) . (i) For the purpose of this Section a mobile home shall be real estate if the owner's intention that it be permanently affixed is shown by the facts that (1) it is located on land belonging in whole or in part to the owner of the mobile home, his spouse, parent, or child, and is connected to permanent water or sewage lines or facilities; or (2) whether or not it is located on land belonging to persons described in subsection (1), it rests on a permanent foundation, and consists of two or more mobile units which are connected in such a manner that they cannot be towed together on a highway, or consists of a mobile unit and other connected rooms or additions which must be removed before the mobile unit can be towed on a highway. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979. FIRST READING: February 12, 1979 SECOND READING: - 5 5- (ITEM II-J.a) ITEM #13330 ADDITIONAL ACTION Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to APPROVE the Resolution requesting that the Norfolk City Council rescind Norfolk City Ordinances preventing Virginia Beach based taxicabs from picking up passengers at the Norfolk International Airport, and permit the "doubling" of taxicab fares for passengers being taken int@the City of Virginia Beach. 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 - 56- RESOLUTION REQUESTING THAT THE NORFOLK CITY COUNCIL RESCIND NORFOLK CITY ORDINANCES PREVENTING VIRGINIA BEACH-BASED TAXICABS FROM PICKING UP PASSENGERS AT THE NORFOLK INTERNATIONAL AIRPORT WHEREAS, the City of Norfolk, through its Norfolk Port and Industrial Authority, operates the Norfolk International Airport; and, WHEREAS, Norfolk International Airport has thousands of Virginia Beach passenger trips; and, WHEREAS, many of these Virginia Beach travelers use Virginia Beach-based taxicabs to transport them to Norfolk International Airport; a n d , WHEREAS, current Norfolk City Ordinances prevent a Virginia Beach-based taxicab that has unloaded a passenger from picking up another fare; and, WHEREAS, these policies cause much inconvenience to returning Virginia Beach travelers; and, WHEREAS, current Norfolk City Ordinances permit the "doubling" of a taxicab fare if the taxicab is taking a passenger into the City of Virginia Beach; and, WHEREAS, this non-pickup allowance practice evokes a hardship upon Virginia Beach-based taxicabs. NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City Council requests that the Norfolk City Council rescind those Norfolk City Ordinances that prohibit Virginia Beach-based taxicabs from picking up a fare at Norfolk International Airport and that permit the "doubling" of taxicab fares for passengers being taken into the City of Virginia Beach; and, BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Mayor and the City Manager of the City of Norfolk, and the Chairman of the Norfolk Port and Industrial Authority. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of February, 1979. - 5 7 - (ITEM II-K) ITEM #13331 OLD BUSINESS Councilman Ferrell stated that the morning paper "indicated there wasn't a need for pipe lines that there is enough water in the ground to give us 200 million gallons of water a day". Mr. Hanbury indicated he had talked with the Director of Public Utilities who will research this matter and submit engineering figures on hydraulics from our own testings to determine the validity of the report which came from the State. (ITEM II-K) ITEM #13332 Councilwoman Henley noted that in November when Council had received the "CIP" they indicated they would like to have a session to discuss the "CIP". Councilwoman Henley advised that Council had not done that as yet. Mrs. Henley inquired about the study on Hotel-Motel line/tap fees and how far along it was coming. Councilman Ervin noted there are some recent applications for line fees and one hotel has addressed the possibility that the City might come up with a recommendation for lowering the line fees. Mr. Ervin req ue sted the Ci ty Man ager to incl ude this poss i b il i ty in the study mentioned by Mrs. Henley. Mr. Hanbury stated he had received the report from the Consultant and would present this to Council in the next three or four weeks with recommendations. Councilwoman Henley advised as to additional information concerning CETA legislation which would note changes in the program. She called attention particularly to the "time limit" on employment for CETA employees. (ITEM II-K) ITEM #13333 Councilman Ervin noted he had given each Council Member a copy of the Amended "Senate Bill #403" which will be considered by the House Committee on Conservation and Natural Resources on Friday, February 16, 1979. Councilman Ervin made a motion, seconded by Councilwoman Oberndorf, to send back to the House Committee on Conservation and Natural Resources the Council's support of the amended version of Senate Bill 403, (a copy of which is on file in the City Clerk's Office for reference). 5 8- Voting: 9- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: George R. Ferrell Council Members Absent: None - 59- (ITEM II-K) ITEM #13334 Coun c i 1 womn Hen l ey noted a rezon i ng appl i cation from Agr ic ul tural District to Industrial District, and noted the possibility of en- larging as a conditional use the home occupation in the Agricultural area to allow home occupations to be done in an accessory building which would not create spot zoning in the area. Mrs. Henley inquired about sending this application back to the Planning Commission to consider the noted changes in the Conditional Use Permit. Mr. Hanbury stated there would be no problem in referring this matter back to the Planning Commission; however, it had already been advertised for hearing on February 26, 1979. Therefore, it must be on the Agenda for that date at which time it may be referred back to the Planning Commission. (ITEM II-K) ITEM #13335 Councilwoman Oberndorf advised the Council of a citizen's call to her concerning Dauphin Run (Article in a recent edition of THE BEACON). The citizen was concerned with the number of legal documents she had signed concerning the subdividing of residences in the Dauphin Run Area, and what the status of the City would be as to legal action for or against such subdividing. Mr. Hanbury advised the City Code specifically states requirements for single residences and the City will enforce its Code, and those laws applying thereto. (ITEM II-K) ITEM #13336 Mayor Standing reminded Council that they would not meet next week due to the legal holiday, and Vice Mayor McCoy would preside the following week. - 60- ITEM #13337 On motion by Councilman Merrick, and by acclamation, City Council adjourned. (5:10 p.m- ) RLfth Hodges- erk City of Virginia Beach, Virginia 12 February 1979 b