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Home My WebLink AboutJANUARY 22, 1979 CITY OF VIRGINII BEICI MUNICIPAL CENTER e7 "@ttd'L &.%t ity- VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, A, 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.,@,gb DONALD W. MERRICK, Ly@@b ... @ B.,@.gb JOIIN A. BAUM, Bl.ck..,@, B.,.,gb MEYERA E. OBERNDORF, A, I .,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@.,h B.,..gb BARBARA M. HEVLEY, P..g. B.@.gb RUTH HODGES SMITI], City Cl@,k CITY COUNCIL AGENDA ITEM I INFORKAL SESSION: MONDAY, 22 JANUARY 1979 - 5:30 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 PERTINENT MATTERS 1. Boards and Comrnissions Policy Committee RePort: Discussion continued frgm January 15, 1979, City Council meeting. Vice-Mayor J. Henry McCoy and Councilman Merrick. 2. Water Boggan (108 Atlantic Avenue) Waiver: Appli- cant requests waiver of 9:00 p.m. closing require- ment. Council approved application on June 6, 1977, approved reconsideration on may 23, 1977, and denied application on may 16, 1977. 3. TaX Exemption for the Elderly, Etc.: Follow-up report on last week's discussion of proposed changes in cur- rent city policy. 4. Coastal Zone Management Bill (SB 403): Mayor Patrick L. Standing requests a discussion of this proposed legis- lation. City council has previously gone on record as supporting this bill. 5. Road Name Changes: Road construction necessitates con- sideration of certain name changes. R E M I N D E R Civic Recognition Dinner 6:30 p.m. January 25, 1979 Virginia Beach Dome ITEM II FORMAL SESSION: MONDAY, 22 JANUARY 1979 - 7:00 p.m. A. INVOCATION - Reverend L. W. Chase, Jr., Mount Olive Baptist Church, Virginia Beach, Virginia. B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF REGULAR PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 15 January 1979 E. RESOLUTION 1. Resolution of Acknowledgement - Mayor Patrick L, Standing F. PUBLIC HEARING: NONE G. CONSENT AGENDA (All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one mo- tion in the form listed. There will be no separate discussion of these items. If di.scussion is desired, that item will be re- moved form the Consent Agenda and considered separately.) 1. Letter from the City Manager recommending adoption of a Resolution concurring with the opinion of the Governor that there should be no exchange at the present time with the Federal Government properties. 2. Letter from the City Manager recommending adoption of a Resolution authorizing the Director of the Planning De- partment to change the zoning line separating the B-2 Community-Business District from R-4 Residential District following the property line boundary on property located at the northeast corner of Independence Boulevard and Wishart Road. 3. Letter from the City Manager recommending that City Council approve the appointment of viewers in regard to to the petition of Albert N. Henley and Vivian V. Henley, Elwood Grant and Verna M. Grant, Elwood Waterfield, Sr., and Loyalty Company, Inc. for the closure of portion of Second Street, First Street, and River Avenue (Pungo Borough). 4. Letter from the City Manager recommending approval of the followinq renewals of Bingo and/or Raffle permits: Fraternal Order of Eagles - Bingo/Raffle Chesapeake Beach Volunteer Fire and Rescue Department, Inc. - Bingo/Raffle Aragona Community Recreation Center, Inc. - Bingo/Raffle BPO Elks - Bingo H. PLANNING ITEMS 1. RECOMMENDATTONS a. Letter from the City Manager transmitting the recommendation of the Planning Cornrnission for approval of the application of Charles E. and Hazel V. Williams for a change of zoning from R-5 Residential District to 0-1 Office District on a 1.3-acre parcel located on the south side of Baxter Road, east of Prin- cess Anne Road (Kempsville Borough). b. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Carolanne Homes, Inc. for a change of zoning from R-6 Resi- dential District to 0-1 Office District on a .71-acre parcel located on the west side of Parliament Drive between Sir Bar- ton Drive and Challedon Drive (Kempsville Borough). C. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Luke Constantinides for a conditional use permit for a recreat- ional and amusement facility of an outdoor nature (miniature golf course) on a .32-acre parcel located at the southwest intersection of Atlantic Avenue and 10th Street (Virainia Beach Borough). d. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of V. K. Almond, Jr., for a conditional use permit for four du- plexes on a .682-acre parcel located between Winston Salem and Terrace Avenue (Virginia Beach Borough). e. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of The Young Women's Christian Association of Tidewater for the vacation of 7th Street located between Shore Drive and Cape Henry Drive (Lynnhaven Borough). f. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Greenco Corporation for the closure of a portion of 31st Street (Virginia Beach Borough). This item was deferred until this date on January 8, 1979. g. Letter from the City Manager transmitting the recorninendation of the Planning Commission for denial of the application of Greenco Corporation for a change of zoning from H-2 Resort- Hotel District to B-4 Resort-Commercial District on a .2-acre parcel which consists of what is now 31st Street, between Atlantic Avenue and the oceanfront (Virginia Beach Borough). This item was deferred until this date on January 8, 1979. h. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Greenco Corporation for a conditional use permit for a recreat- ional facility of an outdoor nature (amusement park) on a .2-acre parcel which consists of what is now 31st Street, between Atlantic Avenue and the oceanfront (Virginia Beach Borough). This item was deferred until this date on January 8, 1979. i. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of John C. and Betty H. Porter, Jr., for a change of zoning from R-8 Residential District to B-2 Community-Business District on a .385-acre parcel located on the south side of Providence Road Relocated, east of Beryl Avenue (Kempsville Borough). This item was deferred for 60 days on November 20, 1978. 2. ORDINANCES - PLANNING a. Letter from the City Manager transmitting the recommendation of the Planning for approval of the petition of Henry A. Shook and Phyllis S. Shook for the closure of a portion of Hill Road (Lynn- haven Borough). However, it is the opinion of the Viewers that closure of the subject portion of Hill Road be deferred in order that the question of adequate access to a public street for the properties concerned may be further investigated. I. GRANTS 1. Letter from the City Manager recommending that City Council ap- prove on first reading an ordinance to accept a grant totalling $60,000 from the Division of Justice and Crime Prevention and to appropriate these funds. J. ORDINANCES 1. SECOND READINGS a. City Council is requested to approve on second reading an ordinance to appropriate $7,297.00 to the Accomack- Northampton Transportation District Commission for the continuation of rail service on the Delmarva Line. b. City Council is requested to approve on second reading an ordinance to provide traffic signals on 21st and 22nd Streets between Pacific Avenue and the Virginia Beach-Norfolk Expressway, and appropriating $75,000 for this purpose. C. City Council is requested to approve on second reading an ordinance to appropriate $9,600 to develop a cost allocation plan for Virginia Beach. d. City Council is requested to approve on second reading an ordinance to appropriate funds for the City's share of the Regional Group Home for Foster Children, and appropriating $26,700 for this purpose. 2. APPROPRIATIONS - FIRST READTNGS - NONE 3. CITY CODE AMENDMENTS - NONE K. ADDITIONAL ACTION ITEMS 11. Letter from the City Manager recominending that City Council approve on first reading an ordinance establishing the tax levy on fa m machinery and implements, farm tools and live- stock for the calendar year 1979. 2. Letter from the City Manager recommending that city council approve an ordinance to authorize a temporary encroachment into a portion of the right-of-way of Millwood Road. L. OLD 13USINESS M. NEW BUSINESS N. ADJOURNMENT a. MOTION TO ADJOURN - 2- ITEM #13239 Vice Mayor McCoy requested the City Manager to place the Report of the Boards and Commissions Committee on the Agenda of February 5, 1979, to be voted on by City Council. WATER BOGGAN WAIVER ITEM #13240 The Mayor asked if the matter of the Water Boggan was brought to the INFORMAL SESSION for action at a later date. The City Manager advised he had received a letter from Allan Campbell, Manager of the Water Boggan, requesting the extension of the operating hours to twelve midnight. Council's previous action allowed the Water Boggan to operate for a five (5) year period, and the time was limited to 9:00 p.m. The City Manager asked if Council wished this matter to go back to the Planning Commission or if Council desires to take action. (Discussion) It was determined that the noise and parking problems determined the 9:00 p.m. limitation. Councilwoman Oberndorf expressed her continued concern as to the location, objection registered by adjoining property owners, the noise and the concern for parking. (Discussion) The City Manager was instructed to notify the property owner of Water Boggan that Council returns this request, and no further consideration will be given until the Water Boggan has been in operation at least one year. TAX EXEMPT/ELDERLY ITEM #13241 This item is one the City Manager wishes to clarify, and that is the "Tax Exemption for the Elderly, Indigent and Handicapped". The City Manager advised he had intended this matter to be included in the Budget for next year. The City Manager asked if this was the general consensus of opinion of Council. He clarified this to be the "next fiscal budget year" as that fiscal year beginning July of 1979. He stated in order to adopt this procedure it will be necessary for him to bring the Ordinances to Council in February 1979. There will be another tax bill going out in this fiscal year. Councilman Merrick asked if the Utility Department would demand the payment now on the water and sewerage since this consideration will be given in the near future. The City Manager advised the Utility Department is trying to collect all bills and the new exemptions will not be retroactive from July I t@bills due prior to that time. The City Manager advised if residents who owe these bills have gone past the mandatory hook-up time, (i.e., if the mandatory hook-up policy is adopted), then we would be violating Council's own Ordinance. (Discussion). - 3 - SENATE BILL 403 ITEM #13242 The Mayor stated two of the Representatives of Legislature, Senator Canada and Senator Fitzpatrick, had called to determine Council's action. The City Manager advised the most recent news he had was that this Bill had reverted back to the Committee. The Mayor stated he was concerned if the Senate had the right to refer the Bill back to the Committee. He expressed further concern that the Legislature will not adopt any Bill and then if we lack the authority to adopt the Coast Line Management Ordinance that they do not intend to adopt one. The Mayor believes if we are going to adopt an Ordinance we should have some sense of Legislature, and they should pass enabling legislation. This Council discussed this matter before sending its Legislative Package, and that Package clearly referred to "403". That Bill has had some 140 Amendments offered for it. Approximately 170 were adopted. Senators Canada and Fitzpatrick asked that Council review Bill 403 as well as the other Bill (741), which have been submitted. (Bill 741 was offered by Senator Bateman.) We should try to give our Legislative delegation a sense of what we do and what we do not support because they want to know the Council's feelings before making any decision. The Mayor stated he had reviewed both Bills. He stated Bill "403" disturbs him in that it takes all local autonomy away--We have to have a local Board, but the Marine Resources Commission has authority to review every decision that Board makes and every decision any Board in the State of Virginia makes. In addition to that, our Coast Line Protection Plan is reviewed by them, and they have to give their approval. Basically, the Mayor's concern is that we don't really have any autonomy; and, the "Bill language" is such that we must start thinking about placing the language of this Bill on the properties of the City of Virginia Beach and the magnitude of paperwork and bureaucracy created by the Marine Resources Commission and the expense to the State of Virginia required by this Bill. Not only does the Mayor feel this concern, other people in the City and over the State share this concern. The Mayor asked the City Manager to invite Jack Whitney, Chief of Comprehensive Planning in the City's Planning Department, to elaborate on this Bill. Mr. Whitney stated he would be glad to answer any questions. He explained that Bill 403 goes back more than one year's involvement by the City when it was originally presented to the Assembly last year and referred to the Senate Agriculture Committee for review and reported out in December. During that time, the City has worked through its Planning Districts and various State Agencies in the language to "403". We have had a great deal of input. What it basically does is it gives our Wetlands Board via the same process as they operate now, more jurisdiction for permitting beaches and dunes. There is also an element known as the "Fastlands." The difference is an area 1000 feet beyond the beaches and dunes for purposes of regulating uses which would have a direct and significant impact on water quality. In these areas the Board cannot deny an application. They can only approve it or approve it with conditions. Because we are one of the localities that has the Erosion Sediment Control Ordinance, if the applicant has an approved Erosion Sediment Control Plan he does not go before the "Shorelands Board" which would be the new name of the "Wetlands Board". He passes all his tests with that Plan and satisfies the intent of "403". This essentially expands the jurisdiction of the Wetlands Board. It has then already been approved by the Federal Government on satisfying their regulations which are necessary to get a State Plan adopted and thereby qualify the City for several millions of dollars over the next few years of federal assistance in coastal resource planning. There are provisions in "403" for the establishment of a committee which will allocate funds from the Federal Government. There is also specific provision - 4- in "403" that 70% of all federal money for planning go directly to the locality. Therefore, the City would qualify under "403" to receive a great deal of federal assistance the City does not receive now. The City has had a great deal of input and the problems which existed a year ago have been addressed and incorporated into it as it now stands. (Discussion) Mr. Ervin asked how VMRC would become involved. Mr. Whitney advised the Commissioner has discretion and can initiate an appeal. To use the Wetlands Board as an example, the Commissioner of Marine Resources has never ap pealed a dec ision of our Board .The Mayor stated the matter was no longer just "Wetlands", but rather "land use decisions". No longer can we talk about just 25 Freeholders, but rather any adjacent City, 25 Freeholders or the Commissioner without any direction whatsoever from anybody--the Commissioner finally can call up any decision by anyboard to the Marine Resources for their review and decision. (Discussion) The Mayor advised he had had copies of each of the Bills,"403" and "741", sent to Council so the members could read them, digest them and see how they apply to the City of Virginia Beach. The Mayor expressed strong concern and pointed out that in the "Fastland" area and high intensive use area defined by them not as 1000 feet, but rather 500 feet. (Discussion) The City Manager explained that localities feel they will have their autonomy and in areas where they have no local Board they will. That is why Council voted to have its own Board so it could keep some local control. Most of the amendments have been to give Marine Resources Commission more authority, especially to those areas with no local Board. The Mayor stated "The cost to the State of Virginia for implementing this Ordinance is far more than any Federal Government subsidy to the State, and I don't know what it can cost the City of Virginia Beach." Mr. Ervin asked if the General Assembly fails to enact some Legislation this year, the Federal Grant Program is already funded. The Mayor answered, "Yes". Mr. Ervin explained that in this case until the General Assembly decides to act, the City of Virginia Beach could for an undetermined number of years lose that federal funding. The City Manager stated this would be true unless the City could persuade the Federal Government that Virginia Beach had applied directly. In answer to Councilman Holland's question as to the authority for the local Board, the Mayor referred to page 17 of "403" and said the local Board consists of five members appointed by Council. (Discussion). The City Manager stated the local Board would still stay in effect. The Mayor explained the "Plan" would have to be approved by the Marine Resources Commission before Council could adopt any Ordinance--the Plan being the City's plan for Coast Line Protection. They would have to ap prove the C ity' s "Pl an " be fore Coun c il coul d adopt and implement its own Ordinance. In addition to that, every decision made by the Board would be subject to review on the motion of the Commissioner himself. (Discussion) The C ity Mana ge r explaine d if the B il I d ies at the State I eve l , then the City can bring its own local Ordinance and make direct application to the Federal Government for the federal funds since the State has not adopted its own. - 5- There are prerequisites in the "403" that say: "Okay, go ahead with this Bill, set up your local Ordinance, but you cannot confiscate a man's property." The question then was why could not the same provision, this Bill would allow, be incorporated into the City's local Ordinance? The City Attorney explained if it comes forward in the manner he and the Director of Planning had mentioned, it probably will be; but, if it could go to the Board of Zoning Appeals to insure the safeguard of a due process hearing. The City Manager explained this could be particularly effective in the Chesapeake Beach area where lots are platted under the water for a source for federal funds. Mrs. Oberndorf stated the City has an immediate problem with some very fragile areas, some very powerful people who are rightfully concerned that their property is going to be taken. We have to depend on our City Attorney and the Attorney General's office to make decisions while in the meantime this is going 'round and 'round, things are being developed and with poor planning that we just did not mean to happen. Mrs. Oberndorf expressed her feeling that the State is really looking to the City of Virginia Beach to see that we "stick to our guns." We did work on this. Our Planning staff worked in concert with the State level. They are aware of the Ordinances we proposed and what we are working with. She expressed further her feelings that in the City of Virginia Beach there doesn't exist the terrible fear that the State government is going to walk in and start running the City. The Wetlands Act has worked beautifully. There has been 141 cases, 2 appeals and only one overturned by petitioners and that was on a technicality. It was set up in Richmond by the State itself, and Virginia Beach has had an extremely responsible Board, and things have worked well. Mrs. Oberndorf stated she was seeking a manner of "happy medium" between the concerns of the property owner and yet protecting the fragile areas. (Discussion). Mr. Ervin asked the Mayor, in reference to the contacts from Senators Canada and Fitzpatrick, what they are looking for from the Council. The Mayor answered they were seeking consensus from the Council whether the City Council of Virginia Beach endorses this Bill ("403"), as it is now. Mr. Ervin asked if this could not go to the regular session and take a vote to endorse the Bill and have time to send a contingent back to Richmond to plead the City's case. The Mayor agreed. Councilman Holland stated he had read both Bills and since he probably is the only Council Member living on the "shoreline", he would like someone to explain these Bills to him for his own personal edification. (Discussion) The Mayor expressed his real concern over control of the State agency and land use decisions in the locality. (Discussion) The overview by the Marine Resources Commission in the Fastlands is a major concern. The City's main concern is not in the Fastlands area, but in the fragile areas. Mr. Merrick stated in his call from Senator Fitzpatrick the Senator expressed concern that the City of Virginia Beach would not support "403". He wanted support for "403". Mr. Merrick suggested that Council remove whatever is necessary but that they make their support of "403". The City Manager conveyed to Council that Southeastern Virginia unanimously voted the other day that their concept of "403" is still good, but they did not favor the most recent Marine Resource Commission final overview on the passing. Possibly Council wishes to support the concept of "403" and approve the section concerning Fastlands. That is exactly the Resolution passed by Southeastern Virginia. - 6 - Mr. Wh i tn ey ca IIed atten tion to Page 25 Paragraphs "B " and "D " of "403" . ("B" being the Commissioner and "D" being the adjacent legislation.) Possibly this would reserve the objection. Jack further called attention to Page 24 and the development of land uses with reference to the "Threshold" which is so low now, it should be brought up to the extent it would deal only with very major projects. "Mayor Projects" would not be defined to 20 lots or more but rather 200-300. (Discussion) The City Manager asked if Council would like him to try to secure a copy of the Southeastern Virginia Resolution and maybe Council would consider the same thing as Southeastern Virginia. The Mayor called attention to the portion allowing the City to appeal the decision to the local Board. (Discussion) The Mayor thanked Council for their very complete and frank discussion. The Mayor asked if Bill 1578 (strengthening the Freedom of Information Act) had been reported out and was advised it has not been considered. This Bill deals with personnel problems and would not allow the City Manager to discuss these problems with Council, the involvement, how he would reprimand or solve the problem or whatever without doing so in open session. BILL ITEM #13243 The Mayor presented another Bill which Delegate Barrow had brought before the House and it deals with the "Freedom of Information Act" again, and serves to be a little better than what we have now. A definition of "Meetings" is: "Meeting or Meetings when sitting as a body or entity or informal assemblage" and the following would be the change: "As many as three (3) members or a quorum whichever is less than three (3)". The Mayor stated David Grochmal indicated to him that Delegate Barrow advised David he would be willing to change that language over to say @@so long as it is less than a quorum". ROADS ITEM #13244 The City Manager advised he would like to discuss several things concerning Roads--name changes, and Virginia Beach Boulevard widening to eight lanes. He had reports there was some strong opposition in the business community about expanding Virginia Beach Boulevard. The City Manager met Thursday night (January 17, 1979), at the Chamber of Commerce with representatives of the business district in this area. - 7 - The President of the Chamber of Commerce had written letters to each bus ines s on Vi rg in ia Beach Boul e va rd invi ting them to attend this meeting to view some Plans which had been drawn. The City Manager, the District Engineer, Jack Hodge and the Assistant Urban Engineer, Bill Tucker, made a presentation to the businessmen which showed there would be a sizable number of left-hand storage lanes to give protective movements into businesses across Virginia Beach Boulevard, and there would also be intermittent left-turn storage lanes between road in te r sections with s i zabl e room for turn -a ro un d e ven as 1 arge as tractor-trailers to take "U" turns in the middle of Virginia Beach Boulevard. That road project woul d have synchron i zat ion of aII s ignal 1 ights computer i zed as to traf f ic count, time, peak periods of the day, etc. There will be a whole new lighting program, imp ro vemen ts in dra i na ge, curb, gutter , drainage and s i dewal ks . The City plans a Public Hearing in this matter on March 13, 1979. The City Manager felt this meeting was good and, especially, to discuss the matter previous to the Public Hearing. (Discussion) The City Manager stated all the right-of-way is acquired except where the City is trying to improve traffic by adding the right-turn storage lanes a tmajor intersections such as Rosemont Road or Independence Boulevard. In the area of the right-turn storage lanes, these might be small taking as much as 12-16 feet, but the adverse will be very minimal because it will increase the accessibility of the properties. City Manager stated there may be five businesses to suffer adverse effects but the City will be paying for any damages. Most of these problems are not with the property owner, but rather with the tenant. In answer to Mr. Ferrell's inquiry, the City Manager stated the area affected would be from London Bridge to the Norfolk City line, (almost eight miles). In the area of Rosemont Road to the Plaza; in 1990, it is estimated 71,000 vehicles per day--which is greater than is on the toll road right now during the July Fourth weekend. Most of the traffic is intra-City. Virginia Beach Boulevard, as presently constructed, was completed right before 1950 and the population of Virginia Beach in 1950 was 40,000. This included all of Princess Anne County, and the small resort community. If the City tried to improve just the intersections, we would be spending more than our share of what the "Ninety-Ten" Program is going to be. The City Manager then presented the implementation of one-laning of Atlantic and Pacific Avenues. He suggested that before the Public Hearing, the City have a workshop with the Innkeepers and Merchants on Atl antic and Pacific. He asked for Council 's approval. The workshop is tentively scheduled for February 2, 1979, at 2:00 p.m., at the Dome. This will be an informational program and may solve some of the problems at that level. North Plaza Trail has created a problem in its North-South designation. Really, the North side of the Trail starts North of the railroad tracks, and North Great Neck Road starts North of the railroad tracks and not at Virginia Beach Boulevard. North Plaza Trail is presently under construction. The City Manager explained the routing of North Plaza Trail, Great Neck Road, Little Neck Road, Kings Grant Road, the intersection of Virginia Beach Boulevard and North Little Neck Road. With this construction, the City felt there will be street name problems and has tried to come up with some street name changes. The Planning Department has suggested certain name changes, and the City would like to meet with the civic leagues and residents in the area to see what they would like to come up with, and what they would like to have. Council agreed. - 8- FORMAL SESSION ITEM #13245 Monday, 22 January 1979 2:00 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 INVOCATION was given by Reverend L. W. Chase, Sr., Rehoboth Baptist Church. PLEDGE OF ALLEGIANCE - 9- (ITEM II-D) ITEM #13246 The Minutes of the previous meeting having been distributed to Council for their consideration were corrected as follows: (Item #13235) "Mr. Merrick noted that there has been 15% and 20% increases in the Budgets through the seventies. There has been about a 50% increase in the population and over 200% increase in the Budget. Mr. Merrick noted that assessment could rise 7%. In order to hold down the real estate tax rate, the City must cut expenses and hold them down or end up with the same 80cts tax rate. The average citizen in Virginia Beach is going to pay more dollars to the Treasurer in taxes because his assessment is up. He indicated that to hold down the expenses to a given level, and if the assessment goes up the City can cut the rate again." On motion by Councilman Ferrell, seconded by Councilman Baum, City Council voted to APPROVE the Minutes AS CORRECTED for the Regular Meeting of January 15, 1979. 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 - I 0 - (ITEM II-E) ITEM #13247 RESOLUTIONS On motion by Councilman Payne, seconded by Councilman Riggs, City Council voted to ADOPT the following Resolution of Acknowledgment: RESOLUTION OF ACKNOWLEDGMENT TO ROV V. DUDLEV WHEREAS, The City o6 Vi@ginia Beach tecognizes the otogy o6 5etvice, the histo)ticat vatue and the Eongevity o6 ti@e in it's e,steemed citizen: LIEUTENANT ROV V. DUDLEY, RETIRED LIFE SAVER WHEREAS, the patent o@ out Coast Guatd was the Li6e Saving SelLvice p,tio,t to its metget in 191 5, WHEREAS, The Coazt Guatd Station, a/, it is known today, wa,6 6otmekty the Seatack Li4e Saving Station in its okiginat tocation ac,toz4 Attantic Avenue, (apptoximatety whete the Post 066ice now 6tandz), seitved 5tation,5 up and down the Coast; WHEREAS, Roy V. Dudtey joined the Li6e Saving Setvice Septembet 26, 1913; se)tved thtough the metget and t)tan6ition into the Coazt Guatd; and, gave a totae o6 thi@ty-thilee yeatz o6 his ti6e to ouk CountAy in mititaily setvice teti)ting as Lieutenant Feb,kua,ty 1, 7946, now has contkibuted anothet thitty-thtee yea,t,s o6 hiz ti6e to his community in active, chutch, 6,tate)tnat and zociat ze@vice; and, WHEREAS, Aeong side this astute, eneflgetic and ornnipatent Vitginia Beach GentZemen stands his dedicated wi6e, who shates hi's ze)tvice a6 weZZ a6 his memoties, and ha's given two 6ons, ,seve,ta,e gtandchitd4en and gteat g@andchitdilen to cat@y on hi,5 hetitage. NOW, THEREFORE, BE IT RESOLVED, That the City Councit o@ the City o6 Vitginia Beach pau6e6 in its dezibe)tation to pay homage to it6 e@ite citizen and this Countty'6 Ofdest Living Li@e Save,t : LIEUTENANT ROY V. DUDLEY FURTHER, BE IT RESOLVED, That a Reseeution be dtawn to expteS,5 this City',s giatitude Joit 6e4vice and tecognition o6 @ongevity to be apptoved by City Councit. and enteted into the Ctetk',s pe4manent minute,5 thi,5 Twenty-Second day o@ Januaty, Nineteen Hundted and Seventy-Nine with a iaamed copy to Lieutenant Dudtey. Given unde)L my hand and sea@ thi6 Twenty-Second day o6 Janualy, Nineteen Hund,ted and Seventy-Nine. The Hono)tabte Pat4ick L. Standing Mayo,t o6 Vitginia Beach, Vitginia 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 - 1 2 - (ITEM II-E) ITEM #13248 P R 0 C L A M A T I 0 N WHEREAS, the future is, to a large measure, dependent on the good heal th of our ch i]dren and you th, the c i ti zen s of tomorrow; and, WHEREAS, good hea]th, p hysica l and men ta l , can be achieved through good health habits, learned early; NOW, THEREFORE, I, Patrick L. Standing, Mayor of the City of Virginia Beach, Virginia, do hereby proclaim the week of February 4 through 10, 1979, as : CHILDREN'S DENTAL HEALTH WEEK in Virginia Beach and urge that all citizens and all community organizations join in the observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Virginia Beach to be affixed, this Twenty-Second day of January, 1979. Patrick L. Standing Mayor The Mayor read the Proclamation proclaiming the week of February 4 through 10, 1979, as "Children's Dental Health Week." (Requested by Vice Mayor J. Henry McCoy, Jr.) - 1 3 - ITEM #13249 Mayor Standing indicated that the Council had discussed in INFORMAL SESSION a Bill that is now before the Senate (General Assembly of Virginia), and it is entitled "Bill 403" dealing with Coast Line Protection, and that he had been requested by some of the delegation in Richmond to request Council to review the Bill as it has been amended to see if we still endorseit as the Council had in the "Legislative Package". The Mayor stated they had a full and free discussion of this Bill in the INFORMAL SESSION, and what is the consensus of Council with regard to this so that it can be transmitted to the Legislature. Mr. Hanbury indicated that the Southeastern Virginia Planning District Commission passed a Resolution endorsing the original concept of Senate Bill "403"; but, objected to the Marine Resources Commission having overview of areas that are not in fragile areas but are known as the "Fastlands" (those areas behind the sand dunes). Mayor Standing stated a problem with the review of this Bill: The mark-up of the Bill and the Amendments offered for it did not come before the Committee before last Thursday morning, which they had approxiroately an hour and a half before it was reported out-of- committee, and some of them had not even read the Bill in its entirety, although some members of the Subcommittee were very familiar with it. The Mayor indicated that he would like the Council to read that Bill and review it, and see if they are now prepared to make a recommendation to endorse it again with the changes that have been made without a whole lot of time for them to review it. He noted another problem, that the Legislature is in Session, and that we are in danger of them passing something before we can get our recommendation to them, and cannot be deferred because the Council does not meet next week and the Legislature should be adjourned. Councilwoman Oberndorf entertained a motion to accept the Senate Bill ("403") and noted that it had had long years of study and that the Council should communicate their personal problems with the VMRC overview with the Legislature. She indicated that it was a strong, properly worded, legitimate, constitutional Bill and that it would do a great deal to preserve the fragile areas especially for the City of Virginia Beach, and that this is one time that the rest of the State is looking to this City to see if we are willing to support something that will directly benefit us far more than any other area in the State. (Discussion) Councilman Ervin seconded the motion. Councilman Baum amended it to accept the Bill as amended with the exception that we feel the Virginia Marine Resources overview be more restrictive than is presently written in the Bill in the "Fastland" area, (specifically, page 25, lines 17 and 28). Councilman Payne indicated that he has not had enough time to read the Bill, but understood what was in it by-and-large but he does not know what the ramifications of these proposed amendments are and some that might be forthcoming and he doesn't feel informed enough about the Bill to vote on it today. Councilman Ervin indicated that he hoped that if Council could reach an agreement on these amendments, that they will endorse it unanimously because he felt any endorsement that is sent to the Legislature that is less than unanimous will be ineffective. - 1 4- Vice Mayor McCoy stated he feit he co ul d not vote on th is ton i ght because he has heard three or four changes since he came to Council. Councilman Baum indicated that the Council went through the same struggle with the Wetlands Board, and he felt our experience was very good with our local Board. He stated that we took it as enabling Legislation, appointed our own local Board and there has been some revisions to the Wetlands Act and "403" was modeled on the same thing. Mayor Standing indicated that he did not want the people to get the impression that Virginia Beach is the only jurisdiction in the State of Virginia that comes under this Ordinance. He noted that the intent of this Council originally was to be sure that we had enabling legislation so we could adopt our own Coast Line Protection Ordinance, and there was some question as to whether we had that authority given to us by the State and enabling Legislation. What has come to us now is far more than enabling Legislation. It requires, mandates overview by a State Agency over local planning and land use decisions. (Discussion) Councilman Ervin asked Jack Whitney; the original draft of the Bill that we endorsed compared to the substitute Bill, the objectionable amendments that were added, did they tend to dilute the Bill, to weaken it, to increase local autonomy? What is the effect of the Bill? Mr. Whitney indicated that the amendments over the past six months to "403" have been designed to add flexibility to that Bill allowing it greater amount of local control over the decisions related to the Shorelands Board in both fragile areas and the Fastland areas. The amendment was an option included to increase the flexibility of the locality and designing system which maintain a maximum of local control over decisions but could be tailored to the different situations. Many of the localities effected by the Bill are not as fortunate as we are to have had some kind of zoning Ordinance, to have Erosion Sedimentation Ordinance or to have a Wetlands Ordinance. There was a need over the past six months to tailor it so each Community could pick, choose and design a process with a common denominator which would meet their specific needs and everything that Virginia Beach itemized as a "need" has been incorporated in the "403". After considerable discussion, City Council proceeded to vote on the previous motion: Vote : 6- 2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, and Mayor Patrick L. Standing Council Members Voting Nay: George R. Ferrell, and Vice Mayor J. Henry McCoy, Jr. Council Members Abstaining: Clarence A. Holland, J. Curtis Payne, and Roger L. Riggs Council Members Absent: - 1 5- After discussion, City Council decided to revote allowing those who voted "Nay@ to change their votes to abstaining. (It is noted the reason for abstaining was the lack of time to consider this Bill properly): V o t i n g 6 - 5 Council Members Voting Aye: Jo hn A. Baum , F. Reid Ervin , Barba ra M. Hen l ey, Donald W. Merrick, Meyera E. Oberndorf, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and Roger L. R i g g s Council Members Absent: None - 1 6 - (ITEM II-G.2) ITEM #13250 CONSENT AGENDA Councilwoman Henley requested items one (1) and three (3) be removed f rom the Consen t Agenda - On motion by Councilman Riggs, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the following Resolution authorizing the Director of the Planning Department to change the zoning line separating the B-2 Community-Business District from R-4 Residential District following the property 1 ine boundary on property located at the Northeast corner of Independence Boulevard with Wishart Road. Requested by: Council Member Holland The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the City of Virginia Beach at .00 m. on the Twenty-Second day of ar 1 9 7 9. On motion by Councilman Riggs, seconded by Councilwoman Oberndorf, the following Resolution was adopted: R E S 0 L U T I 0 N WHEREAS, on October 29, 1973, the City Council adopted the Comprehensive Zoning Ordinance of the City of Virginia Beach ; and, WHEREAS, the Comprehensive Zoning Ordinance incorporates thereunder certain zoning district maps; and, WHEREAS, a certain error occurred in the drafting of zoning district lines on the zoning district maps; and, WHEREAS, the errors have been verified by the Director of Planning. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council desires to correct the following error: Zoning Map C-5, which includes in particular the property at the Northeast corner of Independence Boulevard and Wishart Road. The Director of Planning is authorized to change the zoning line separating the B-2 property at this intersection from R-4 to follow the property line boundary. The City Clerk is directed to correct the Minutes of the City Council meeting of October 29, 1973, to reflect this change. 1 7 - 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 -18- (ITEM II-G.4) ITEM #13251 On motion by Councilman Riggs, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the following Bingo/Raffle Permits: Fraternal Order of Eagles - Bingo/Raffle Chesapeake Beach Volunteer Fire and Rescue Department - Bingo/Raffle Aragona Community Recreation Center, Inc. - Bingo/Raffle BPO Elks - Bingo 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 - 1 9- (ITEM II-G.3 ITEM #13252 On motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to APPROVE the appointment of Viewers in regard to the petition of Albert N. Henley and Vivian V. Henley, Elwood Grant and Verna M. Grant, Elwood Waterfield, Sr., and Loyalty Company, Inc., for the closure of a portion of Second Street, First Street, and River Avenue, in the Pungo Borough. Voting : I 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining Barbara M. Henley Council Members Absent: None - 20- ORDINANCE APPOINTING VIEWERS WHEREAS, the Petitioners, Albert N. Henley and Vivian V. Henley, Elwood Grant and Verna M. Grant, Elwood Waterfield, Sr., and Loyalty Co., Inc., have given due and proper notice, in accordance with the Statutes for such cases made and provided that they will, on the day of January, 1979, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether in the opinion of the said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described streets, and have filed such Petition and application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT AND -are hereby appointed to view the property described below and report in writing to the Council on or before 1 9 7 9 , whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of those certain streets located in the City of Virginia Beach, Virginia, and more particularly described as follows: SECOND STREET. All that portion of "Second Street" lying between the Southern boundary of Munden Point Road and the Northern lot lines of lots owned by Loyalty Co., Inc., and Elwood Waterfield, Sr., as shown on the attached plat. FIRST STREET. All that portion of "First Street" lying Sou@h of the Southern line of land owned now or formerly by Elwood M. Grant and Elwood Waterfield, Sr., as shown on the attached plat. RIVER AVENUE. All that portion of "River Avenue" lying between the Eastern boundary of "Second Street" and the Western boundary of "First Street", as described above, and as shown on the attached p I a t . BEING the same streets as shown on a certain plat of Norfolk Southern Railroad Co. located in Map Book 36 at page 13 with respect to a certain plat dated May 1, 1954, showing property of Elwood M. Grant and Elwood Waterfield, Sr., located at Munden Point, said plat being recorded in Map Book 36, at Page 22. - 21- All of the above as shown upon that certain plat entitled "Plat Showing Approximate Location of First Street, Sec on d Street and Ri ve r Aven ue " , wh ic h p] at is attac he d hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed streets. - 2 2- IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THOSE CERTAIN STREETS OF 60 FOOT WIDTH, KNOWN AS SECOND STREET, RIVER AVENUE AND FIRST STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING APPROXIMATE LOCATION OF FIRST STREET, SECOND STREET AND RIVER AVENUE" DATED NOVEMBER 20, 1978. P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, Albert N. Henley and Vivian V. Henley, Elwood Grant and Verna M. Grant, Elwood Waterfield, Sr., and Loyalty Co., Inc., respectfully represent as follows: 1. That pursuant to the provisions of Section 14.1-364 of the Code of Virginia of 1950, as amended, the Petitioners have applied for the vacating, closing and discontinuance of those certain streets more specifically described as follows: SECOND STREET. All that portion of "Second Street" lying between the Southern boundary of Munden Point Road and the Northern lot lines of lots owned by Loyalty Co., Inc., and Elwood Waterfield, Sr., as shown on the attached plat. FIRST STREET. All that portion of "First Street" lying Sou@h of the Southern line of land owned now or formerly by Elwood M. Grant and Elwood Waterfield, Sr., as shown on the attached plat. RIVER AVENUE. All that portion of "River Avenue" lying between the Eastern boundary of "Second Street" and the Western boundary of "First Street", as described above, and as shown on the attached p 1 a t . BEING the same streets as shown on a certain plat of Norfolk Southern Railroad Co. located in Map Book 36 at page 13 with respect to a certain plat dated May 1, 1954, showing property of Elwood M. Grant and Elwood Waterfield, Sr., located at Munden Point, said plat being recorded in Map Book 36, at Page 22. The said First Street, Second Street and River Avenue being shown also on that certain plat entitled "Plat Showing Approximate Location of First Street, Second Street and River Avenue" dated November 20, 1978, and made by Gallup Surveying, Ltd., which said plat is attached hereto and made a part hereof and intended to be recorded with any Ordinance closing said streets. - 2 3 - 2. That your Petitioners are all of the adjacent landowners to all of the aforesaid streets and that no inconvenience will result to any person or persons by reasons of said closing, vacation and discontinuance of the said streets; and, that the Petitioners pray that this Honorable Council appoint Viewers as provided by law to view the said platted streets proposed to be closed and to report in writing to the Council on or before the day of 1 1979, as to whether in the opinion of said Viewers what inconvenience, if any, would result from the discontinuance and closing of these streets, as herein reported and described. 3. That on the Ninth day of January, 1979, Notice of presenting this Petition was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of the said Notice. 4. That your Petitioners constitute all of the adjacent landowners of all the lands lying on either side of the said streets and that each of them, by their joinder in this Petition, consents and agrees to the closure of all of the said streets and that no other party is known to be affected thereby. Respectfully submitted, ALBERT N. HENLEY, VIVIAN V. HENLEY, ELWOOD GRANT, VERNA M. GRANT, ELWOOD WATERFIELD, SR., AND LOYALTY CO., I N C . By: Counsel Kellam, Pickrell & Lawler (Edwin C. Kellam & Thomas M. Haskins) I 0 20 Fi rst & Merchants Nat ional Bank Bl dg . Norfolk, Virginia 23510 and Gordon E. Campbell Campbell, Lustig & Hancock Virginia National Bank Building Norfolk, Virginia - 24- (ITEM II-G.2) ITEM #13253 Councilwoman Henley made a motion to DEFER action on this Resolution until it has been thoroughly discussed. There being no second, the motion was lost. On motion by Councilman Payne, seconded by Councilwoman Henley, City Council voted to ADOPT the following Resolution concurring with the opinion of the Governor that there should be no exchange at the present time with the Federal Government for False Cape Parkway: 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 - 25- Requested by: Council Member Payne The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the City of Virginia Beach, on the Twenty-Second day of January, 1979. On motion by Councilman Riggs, and seconded by Councilwoman Oberndorf, the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the Council is aware of the Federal Government's offer to exchange land through certain negotiations with the Commonwealth of Virginia in order to obtain access for False Cape State Park; and, WHEREAS, the Commissioner of the Division of State Parks informed the City Council that the Governor and the Tidewater delegation to the General Assembly did not agree with the proposed exchange of land for said access; and, WHEREAS, the Federal offer of the exchange property was unanimously rejected by the Commonwealth. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT THE CITY COUNCIL endorses the Governor's position concerning the proposed exchange of property. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this Resolution to the Governor of the Commonwealth of Virginia and to each member of the General Assembly of Virginia representing Virginia Beach and to the Commissioner of the Division of State Parks. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of January, 1979. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA January 22, 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, January 22, 1979, at 5:30 p.m. Council Members present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Patrick L. Standing. Council Members absent: None INFORMAL SESSION ITEM #13238 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, demo- tion, salaries, discipline or resignation of public officers, appointees or employees of any public body (Personnel Matters) 2. Discussion or consideration of the condi- tion, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property) 3. Consultation with legal counsel and brief- ing by staff members, consultants, or attor- neys pertaining to actual or potential liti- gation, or other legal matters within the jurisdiction of the public body (Legal Matters) On motion by Councilman Payne, seconded by Councilman Riggs, City Council voted to proceed into EXECUTIVE SESSION following the INFORMAL SESSION. Vote: 11-0 Ayes: Councilmembers 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. Nays: None Absent: None 1/22/79 - 2 6 - PLANNING ITEM #13254 (ITEM II-H.I.a) Attorney Eric 0. Moody appeared in behalf of the applicant. On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted to APPROVE the following Ordinance upon application of CHARLES E. AND HAZEL V. WILLIAMS for a Change of Zo District Classification from R-5 Residential District to 0-1 Office District: ORDINANCE UPON APPLICATION OF CHARLES E. Z0179408 AND HAZEL V. WILLIAMS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Charles E. and Hazel V. Williams for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on certain property located on the South side of Baxter Road beginning at a point 1120.2 feet East of Princess Anne Road, running a distance of 80 feet along the South side of Baxter Road, running a distance of 642.12 feet along the Eastern property line, running a distance of 112.72 feet along the Southern property line, running a distance of 295.1 feet in a Northerly direction, running a distance of 20 feet in an Easterly direction and running a distance of 295 feet in a Northerly direction. Said parcel contains 1.3 acres. KEMPSVILLE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. Not approved for septic tank installation. 3. Right-of-way improvements will be necessary along Baxter Road; this includes pavement widening, curb and gutter, sidewalk, drainage facilities and street I ights. And further subject to the following conditions prior to the change on the Official Zoning Map: A dedication of right-of-way 37.5 feet from the centerline of the existing 45-foot right-of-way along the 80-foot frontage on Baxter Road (a 15- foot dedication). This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of January, 1979. 2 7 - Vot ing: 1 0 - 0 Council Members Voting Aye: 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 Abstaining: John A. Baum Council Members Absent: None - 2 8- (ITEM II-H.I.b) ITEM #13255 Elwood Isley appeared in behalf of the applicant requesting deferral The following appeared in opposition: Margaret Boney Emma Boston Robert Atherton Carole Taylor registered in opposition but did not speak On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to DENY the following application of CAROLANNE HOMES, INC., for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District: Ordinance upon application of Carolanne Homes, Inc., for a Change of Zoni from R-6 Re@idential District to 0-1 Office District on certain property located at the Southwest intersection of Parliament Drive and Sir Barton Drive, running a distance of 337.55 feet along the West side of Parliament Drive, running a distance of 102.45 feet along the Southern property line (Northern boundary of Challedon Drive), running a distance of 290.21 feet along the Western property line and running a distance of 95.81 feet along the South side of Sir Barton Drive. Said parcel contains .71 acre. KEMPSVILLE BOROUGH. 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 9- (ITEM II-H.l.c) ITEM #13256 Jack Haworth appeared in favor of this appl ication On motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to APPROVE the following Ordinance upon application of LUKE CONSTANTINIDES for a Conditional Use Permit for a recreational and amusement facility of an outdoor nature Tmin-iature golf course): ORDINANCE UPON APPLICATION OF LUKE R0179230 CONSTANTINDES FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL AND AMUSE- MENT FACILITY OF AN OUTDOOR NATURE (MINIATURE GOLF COURSE) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Luke Constantinides for a Conditional Use Permit for a recreational and amuse- ment facility of an outdoor nature (miniature golf course) on certain property located at the Southwest intersection of Atlantic Avenue and 10th Street, running a distance of 100 feet along the South side of 10th Street, running a distance of 140 feet along the Western property line, running a distance of 100 feet along the Southern property line and running a distance of 140 feet along the West side of Atlantic Avenue. Said parcel contains .32 acre. VIRGINIA BEACH 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. Public restroom facilities are to be provided. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of January, 1979 3 0 - 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 - 31 - (ITEM II-H.l.d) ITEM #13257 Mrs. Barbara Almond appeared in behalf of the applicant. The following appeared in opposition: Harry N. Garbis, President of the Shadowlawn Civic League Alton Butts, Past-President, Shadowlawn Civic League On motion by Councilman Riggs, seconded by Councilman Merrick, City Council voted to DENY the following application of V. K. ALMOND, JR., for a -Conditional U.se Permit for four (4) duplexes. Ordinance upon application of V. K. Almond, Jr., for a Conditional Use Permit for 4 duplexes on certain property located on the North side of Winston Salem Avenue beginning at a point 150 feet more or less East of Mediterranean Avenue, running a distance of 220 feet along the North side of Winston Salem Avenue, running a distance of 100 feet in a Northerly direction, running a distance of 70 feet more or less in a Westerly direction, running a distance of 100 feet more or less in a Northerly direction, running a distance of 70 feet more or less along the South side of Terrace Avenue, running a distance of 100 feet in a Southerly direction, running a distance of 60 feet in a Westerly direction and running a distance of 100 feet in a Southerly di- rection. Said parcel contains .682 acre. VIRGINIA BEACH BOROUGH. Voting: 8- 3 Council Members Voting Aye: (for denial) F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Roger L. R i g g s Council Members Voting Nay: John A. Baum, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Absent: None - 3 2- (ITEM II-H.I.d) ITEM #13258 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant On motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to APPROVE the following Ordinance vacating a portion of the plat of "Lynnhaven-Beach, amended map of property of Lynnhaven Beach and Park Company Princess Anne County of Virginia, 1913" with the stipulation that this request be subject to vacation by plat recordation, of the area requested and the adjoining lot lines, in order that those lots currently fronting on this right-of-way will not be left without access to a public street. (Application of The Young Women's Christian Association of Tidewater.) Vot in g : I I - 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 3 - 24225 BOOK 2055 PAGE 164 AN ORDINANCE TO VACATE A PORTION OF THE PLAT OF "LYNNHAVEN-BEACH, AMENDED MAP OF PROPERTY OF LYNNHAVEN BEACH & PARK CO., PRINCESS ANNE COUNTY, VIRGINIA, 1913". WHEREAS, the Young Women's Christian Association of the Tidewater Area of Virginia has petitioned the Council of the City of Virginia Beach, Virginia, for an Ordinance to vacate a portion of the hereinafter described plat; and, WHEREAS, notice has been given pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, which notice clearly describes the portion of the plat to be vacated and states the time and place of the meeting of City Council for this date; and, WHEREAS, it is the judgment of Council that no owner of any lot shown on the hereinafter described plat will be irreparably damaged by the vacation of the below-described portion of said plat. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the provisions of Section 15.1-482(b) of the Code of Virginia, 1950, as amended, that portion of the plat of "Lynnhaven-Beach. Amended Map of Property of Lynnhaven Beach & Park Co., Princess Anne County, Virginia, 1913", described as follows, is hereby vacated, to wit: ALL that certain portion of the plat of Lynnhaven- Beach. Amended Map of Property of Lynnhaven Beach & Park Co., Princess Anne County, Virginia, 1913" recorded in the Office of the Clerk of Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 71, designated as "7th Street" lying South of "Atlantic Avenue" (now Shore Drive), and North of "Holly Avenue" (now Cape Henry Drive), as shown on said Plat. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of January, 1979. - 3 4 - (ITEM II-H.I.f) ITEM #13259 The following appeared in favor of this application: Skip Hendricks Attorney Grover C. Wright Joel Cooper On motion by Councilman Riggs, seconded by Councilrnan Holland, City Council voted to REFER the application of GREENCO CORPORATION for the closure of a portion of 31st Street, Virginia Beach Borough, back to the Planning Commission: IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS 31ST STREET, LOCATED IN THE BEACH BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT, EASTERN END OF 31ST STREET, FOR GREENCO CORPORATION, VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK , AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by Greenco Corporation, that it would make application to the Council of the City of Virginia Beach, Virginia, on January 8, 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 dis- continued, closed, and vacated: - 3 5- Beginning at an iron pin at the Southeast corner of Atlantic Avenue and 31st Street, said iron pin being at the intersection of the Eastern line of Atlantic Avenue with the Southern line of 31st Street as shown on the plat entitled "Map of Linkhorn Park, Property of Virginia Beach Develop- ment Company and Adjacent Properties, Princess Anne County, Virginia, November 1916" which is duly recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Map Book 5, at Page 151; thence with the Eastern line of Atlantic Avenue in a Northerly direction 60.00' to the Northern side of 31st Street; thence turning and running in an Easterly direction perpendicular to Atlantic Avenue along the Northern line of 31st Street 150.00' to a point; thence turning and running in a Southerly direction parallel with Atlantic Avenue 60.00' to a point on the Southern side of 31st Street; thence turning and running in a Westerly direction along the Southern side of 31st Street 150.00' to the point of beginning. The above-described parcel contains 9,000 square feet, or 0 . 20661 ac re. Said parcel of land being a portion of 31st Street, as indicated on that certain plat of property to be vacated along existing 31st Street for Greenco Corporation, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book at Page and which is made a part hereof by reference. SECTION II This Ordinance shall be in effect from date of its passage. 3 6 - V o t i n g I 1 - 0 Council Members Voting Aye: (for referral) 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 7 - (ITEM II-H.I.g) ITEM #13260 The following appeared in behalf of the application: Skip Hendricks Attorney Grover C. Wright, Jr. Joel Cooper On motion by Coun c ilman R iggs , seconded by Co unc il man Ho l I and, City Council voted to REFER the application of GREENCO CORPORATION for a Change of Zoning District Classification from H-2 Resort-Hotel District to 9--@esort--Commercial District, Virginia Beach Borough, back to the Planning Commission: Ordinance upon application of Greenco Corporation for a Change of Zoning District Classification from H-2 Resort-Hotel District to B-4 Resort-Commercial District on certain property located on the East side of Atlantic Avenue beginning at the Southern boundary of 31st Street, running a distance of 60 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the Northern property line, running a distance of 60 feet along the Eastern property line and running a distance of 150 feet along the Southern property line. Said parcel contains .2 acre. VIRGINIA BEACH BOROUGH. V o t i n g1 1 - 0 - 3 8- Council Members Voting Aye: (for referral) 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 9- (ITEM II-H.I.h) ITEM #13261 The following appeared in behalf of the application: Skip Hendricks Attorney Grover C. Wright, Jr. Joel Cooper On motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to REFER the following application of GREENCO CORPORATION for a Conditional Use Permit for a recreational facility of an outdoor nature amusem n@t park , Virginia Beach Borough, back to the Planning Commission: Ordinance upon application of Greenco Corporation for a Conditional Use Permit for a recreational facility of an outdoor nature Ta-musement Park) on certain pro- perty located on the East side of Atlantic Avenue beginning at the Southern boundary of 31st Street, running a distance of 60 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the Northern property line, running a distance of 60 feet along the Eastern property line and running a d i stan ce of 1 50 feet along the So ut he rn pro perty 1 ine. Said parcel contains .2 acre. VIRGINIA BEACH BOROUGH. Voting: 1 1 - 0 - 40 - Council Members Voting Aye: (for @eferral) 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 - 41 - (ITEM II-H.I.i) ITEM #13262 Jack Haworth appeared in behalf of the applicant Carr ie Knack , Presi den t , AvaIon Hills Ci vic League , appea red regarding this application Howard Hornesby appeared in opposition On motion by Vice Mayor McCoy, seconded by Councilman Payne, City Council voted to APPROVE the Ordinance upon application of JOHN C. AND BETTY H. PORTER, JR., for a Change of Zoning_District Classifi- e--C7 cation from R-8 Residential District to 0-1 Offic l@trict modf-fied from B-2 Community-Business District); and, further include adequate screening along the Southern property line. ORDINANCE UPON APPLICATION OF JOHN C. Z0179409 AND BETTY H. PORTER, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT (MODIFIED FROM B-2 COMMUNITY- BUSINESS DISTRICT) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of John C. and Betty H. Porter, Jr., for a Change of Zoning District Classifi- cation from R-8 Res@dential District to 0-1 Office District (modified from B-2 Community-Business District) on certain property located on the South side of Providence Road (Relocated) beginning at a point 250 feet more or less East of Beryl Avenue, running a distance of 129.51 feet along the South side of Providence Road (Relocated), running a distance of 205 feet along the Eastern property line, running a distance of 80 feet along the Southern property line and running a distance of 139.04 feet along the Western property line. Said parcel contains .385 acre. KEMPSVILLE BOROUGH. Approval is subiect to the following conditions in conjunction wit@ the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary along Old Providence Road: this includes pavement widening, curb and gutter, sidewalk and drainage facilities. 4. A sidewalk will be required along Providence Road Relocated. 5. Include adequate screening along the Southern property line. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of Janua@ , 1979. 4 2- V o t i n g 9-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Dorald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Couricil Members Voting Nay: Meyera E. Oberndorf Council Members Abstaining: Clarence A. Holland Council Members Absent: None - 43- (ITEM II-H.2.a) ITEM #13263 Bob Miller appeared in behalf of the applicant On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted to DEFER until February 5, 1979, the following application of Henry A. Shook and Phyllis S. Shook for the closure of a port ion of Hill Road , in the Lynn haven Borough . ORDINANCE NO. 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, I@l MAP BOOK , 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 dis- continued, 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, &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 80' 24' East for - 4 4- 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 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 along the arc of a curve having a radius of twenty-five feet,an arc distance of 39.27 feet to a point in the North right-of- way 1 ine of Bay Col ony Dr i ve; thence North 80 @ 24 ' West along the North right-of-way line of Bay Colony Drive for a distance of 80 feet to the point of beginning. 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 date of passage DEFERRED UNTIL FEBRUARY 5, 1979 4 5- Vot in g I I - 0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 4 6- ITEM #13264 Upon motion by Councilman Payne, seconded by Mayor Standing, City Council voted to APPOINT Jack Whitney, as an Alternate, on the TIDEWATER TRANSPORTATION DISTRICT COMMISSION. V o t i n g : 11-0 Council Members Voting Aye: Jo hn A . Ba um , F . Re i d Ervin , George R . Ferre l I Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 4 7 - (ITEM II-I.1) ITEM #13265 Upon motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, City Council voted to APPROVE ON FIRST READING the Ordinance to accept a Grant total in g $60 000 from the D i vi sion of Ju st ice and Crime Prevention and to appropriate these funds. V o t i n g : 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 - 48- AN ORDINANCE TO ACCEPT A GRANT TOTALING $60,000 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Police Department wishes to upgrade its Automated Information 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 authorized to accept the Grant for the City, and funds are hereby appropriated for the following purpose: Estimated Revenue Local Total From Other Agencies Match Appropriations Improve Criminal Justice System $57,000 $3,000 $60,000 BE IT FURTHER ORDAINED that the appropriations will be financed by $57,000 estimated revenue from the DJCP and a local match of $3,000 from the City's Unappropriated Fund Balance. FIRST READING: January 22, 1979 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979. - 4 9- (ITEM II-J.I.a) ITEM #13266 Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate $7,297.00 to the Accomac-Northampton Transportation District Commission for the continuation of rail service for the Delmarva Line. Vot ing : I I - 0 Council Members Voting Aye: John A. Baum , F. Reid Ervin , George R . Ferre l 1 , 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 $7,297.00 TO THE ACCOMAC-NORTHAMPTON TRANSPORTATION DISTRICT COMMISSION FOR THE CONTINUATION OF RAIL SERVICE ON THE DELMARVA LINE WHEREAS, the Accomac-Northampton Transportation District Commission has requested the City of Virginia Beach to participate in the cost of supporting continued rail service on the Delmarva Line between Pocomoke City, Maryland, and the City of Norfolk, Virginia, and passing through the City of Virginia Beach; and, WHEREAS, the amount of support requested is $7,297-00 which is the same amount of real and personal property taxes received by the City of Virginia Beach from the rail facilities during the period January 1, 1977 to December 31, 1977; and, WHEREAS, the City of Virginia Beach desires to enter into contract with the Tidewater Transportation District Commission for the transmittal of these funds to the Accomac-Northampton Transportation District Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to enter into a contract with the Tidewater Transportation District Commission for the purpose of transmitting $7,297.00 to the Accomac-Northampton Transportation District Commission; and, That $7,297.00 is hereby appropriated from Unappropriated Surplus for this purpose. FIRST READING: January 15, 1979 SECOND READING: January 22, 1979 Adopted by the Council of the City of Virginia Beach, on the Twenty-Second day of January -1 1979. - 51 - (ITEM II-J.I.b) ITEM #13267 Upon motion by Councilman Riggs, seconded by Councilwoman Oberndorf, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate $75,000 to provide traffic signals on 21st and 22nd Streets between Pacific Avenue and the Virginia Beach-Norfolk Expressway. 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 PROVIDE TRAFFIC SIGNALS ON 21 st AND 22nd STREETS BETWEEN PACIFIC AVENUE AND THE VIRGINIA BEACH-NORFOLK EXPRESSWAY WHEREAS, the staff of the Department of Public Works has made an accident and traffic signal study of 21st and 22nd Streets from Atlantic to Park Avenues; and, WHEREAS, the Study concluded that the traffic signals are justified on 21st and 22nd Streets at Arctic, Mediterranean and Cypress Avenues and at Parks Avenue on 21 st Street; and, WHEREAS, the study concluded that existing traffic signals on 21st and 22nd Streets should be interconnected to create a coordinated progressive system to increase the level of service along these roadways; and, WHEREAS, it is the desire to have these coordinated systems operative during the summer of 1979. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that $75,000 be appropriated from the General Fund Balance to the fiscal 1979 Operating Budget to be used for the design for the signals, the purchase of the materials and installation of the system during fiscal 1979. FIRST READING: January 15, 1979 SECOND READING: -January 22, 1 979 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of January 1 1979. - 5 3 - (ITEM II-J.I.c) ITEM #13268 On motion by Coun c il man Payne, seconded by Coun c il man Baum , City Council voted to APPROVE ON SECOND READING the following Ordinance to appropriate $9,600 to develop a Cost Allocation Plan for Virginia Beach. Voting : I I - 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 - 54- AN ORDINANCE TO APPROPRIATE $9,600 TO DEVELOP A COST ALLOCATION PLAN FOR VIRGINIA BEACH WHEREAS, the City has Programs which are operated with Federal or State Funds except for support services which are paid from local City sources; and, WHEREAS, the Commonwealth of Virginia and the Federal Government will pay a fair share of the support services costs on some Programs if they are determined by an approved Cost Allocation Plan; and, WHEREAS, the City Council is desirous of developing a Cost Allocation Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $9,600 be appropriated from the General Fund for the purpose of developing a Cost Allocation Plan; and, BE IT FURTHER ORDAINED that the City Manager is hereby authorized to execute a contract with David M. Griffith and Associates, Ltd., to develop and obtain approval from Federal and State Authorities of a Cost Allocation Plan for the City of Virginia Beach. FIRST READING: January 15, 1979 SECOND READING: January 22, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second_ day of January , 1979 - 5 5- (ITEM II-J.I.d) ITEM #13269 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council voted to APPROVE ON SECOND READING the Ordinance to appropr iate $26 , 700 for the C ity' s share of the Reg iona] Group Home for Foster Children. 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 - 56- AN ORDINANCE TO APPROPRIATE FUNDS FOR THE CITY'S SHARE OF THE REGIONAL GROUP HOME FOR FOSTER CHILDREN WHEREAS, the staffs of the Virginia Beach and Chesapeake Departments of Social Services have identified a need for and are interested in establishing a Co-ed Therapeutic Group Home for Foster Children; and, WHEREAS, the Tidewater Regional Group Home Commission has requested funds from Virginia Beach, Chesapeake, and the State Department of Corrections for renovation and rent at an approved location, with an estimated cost of $50,000 for renovation and $3,400 for rent; and, WHEREAS, the State Department of Corrections will reimburse the City $12,500 for its share of the renovation cost. 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 reimbursement for the City, and funds are hereby appropriated for payment to the Tidewater Regional Group Home Commission for renovation and rent of the Regional Group Home for Foster Children, as follows: Estimated Revenue Local Total From Other Agencies Share Appropriations Social Services $12,500 $14,200 $26,700 BE IT FURTHER ORDAINED that the appropriations be financed by $12,500 Estimated Revenue from the State Department of Corrections, and a transfer of $14,200 from the General Fund Balance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of January 1 9 7 9. FIRST READING: January 15, 1979 SECOND READING: January 22, 1979 - 5 7 - (ITEM II-K.1) ITEM #13270 On motion by Councilman Payne, seconded by Mayor Standing, City Council voted to APPROVE ON FIRST READING the Ordinance establishing the tax levy on farm machinery and implements, farm tools and livestock and for the calender year 1979. 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 - 58- AN ORDINANCE ESTABLISHING THE TAX LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS AND LIVESTOCK FOR THE CALENDAR YEAR 1979 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There shall be levied and collected for general purposes for the 1979 calendar year personal property taxes at the rate of $1 on each One Hundred Dollars ($100) of the assessed value of farm machinery and implements, farm tools and livestock which are shown for depreciation purposes by the owner on the most recent Federal Income Tax Schedules, exclusive of vehicles for which a City Decal has been issued. The following classes of farm animals which are not classified and depreciated on the Federal Income Tax Schedules are exempted from taxation: 1. Horses, mules and other kindred animals 2. Cattle 3. Sheep and goats 4. Hogs 5. Poultry Also exempt are grains and other feeds used for the nurture of farm animals. FIRST READING: Januar,y 22, 1979 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of I 1 9 7 9 - 5 9- (ITEM II-J.2) ITEM #13271 On motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to APPROVE the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Millwood Road. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 60 - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF MILLWOOD ROAD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Great Neck Estates Civic League is authorized to erect and maintain a temporary encroachment in the City right-of-way of Millwood Road. That the temporary encroachment herein authorized is for the purpose of erecting a sign for the Great Neck Estates subdivision and that said sign shall be erected in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, such temporary encroachment being more particularly described as follows: An area of encroachment designated as "Denotes Area of Encroachment" as shown on plat entitled "Plat Showing Right-Of-Way Encroachment Into Millwood Road Granted to Great Neck Estates Civic League Lynnhaven Borough, City of Virginia Beach, Virginia Scale: 1" = 50"', dated December 21, 1978, made by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, which plat is intended to be recorded herewith, and which area of encroachment is more particularly described thereon as follows: TO ESTABLISH THE TRUE POINT OF BEGINNING, Beginning at the Northeast corner of Lot 2, Block C, Great Neck Estates Sec. 1, M.B. 42, pg 28, at the intersection with the Western right-of-way line of Great Neck Road; thence along the Northern property line of Lot I S 59c 14' 00" W 18.26 feet to a point, thence parallel with the Western right-of-way line of Great Neck Road S 30@ 46' 00" E 159.92 feet to the Northern right-of-way line of Millwood Road to the TRUE POINT OF BEGINNING, and from said point of beginning S 30@ 46' 00" E 26.00 feet to a point in the right-of-way of Millwood Road, thence S 59@ 14' 00" W 53.00 feet to a point, thence N 34@ 42' 49" E 59.03 feet to the point of beginning. - 61 - PROVIDED, HOWEVER, that the temporary encroachment herein authorized will terminate upon notice by the City of Virginia Beach to the Great Neck Estates Civic League, and that within ten (10) days after such notice is given, said sign will be removed from the City right-of- way of Millwood Road by the Great Neck Estates Civic League, their agents or employees, and that said Great Neck Estates Civic League shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that said Great Neck Estates Civic League will indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and a gain st aII cla ims, damages, Ios se s , and ex pen se s incl ud ing reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such sign. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of January, 1979. 1 - 6 2- ITEM #13272 Mayor Standing appointed the following members to the AD HOC HIGHWAY REVIEW COMMITTEE: Vice Mayor J. Henry McCoy, Jr., Chairman Mr. George L. Hanbury, City Manager Mr. William B. Whiteside, Executive Director of Green Run Homes Association Mrs. James Bostic (Lois), Housewife Mr. Richard Browner, Representative to Regional Planning District Mr. R. Dean Lee, Chairman of the PLanning Commission Mr. Edwin C. Kellam, Jr., Chairman of the Council of Civic Organizations The purpose of this Committee is to provide citizen input and comment regarding the Master Street and Highway Plan; to assist the City Council to provide a clear understanding to citizens concerning the need for certain highway projects; and, to provide recommendations to City Co unc il re ga rd in g c iti zen' s concern ed wi th de s i gn and priority. The appointments are effective immediately and members will serve at the pleasure of the Mayor. ITEM #13273 Councilman Merrick noted to Council that he had received a number of calls from citizens who live in Ingleside in Norfolk where a representation was made to Norfolk some years back, regarding amusement parks, on closing of streets in the area for beautifying the park (Ocean View Amusement Park). The City Council of Norfolk closed the streets, but the applicants did not do what he had promised they would do. He indicated to Council that he wanted Council to be aware of what happened to Norfolk when this application was brought before them. (Application of Greenco Corporation.) ITEM #13274 Councilman Ervin asked the City Manager what is being done to improve the sound system in the Council Chambers. Mr. Hanbury indicated that it was not the Council's microphones that were being replaced but the one on the podium. Councilman Ervin indicated that the problem with their microphones was that they were too directional. Mr. Hanbury indicated that he would investigate this, and stated that the expense is what held them up for individual microphones but that he would look into this matter again. Mayor Standing requested the City Manager to report this information back to him with the price of replacing the microphones. - 6 3- ITEM #13275 Councilwoman Henley asked if the Planning COMMiSsion could be responsible for posting the signs and dates on property for rezoning or use permit applications? Councilman Merrick indicated that the applicants must sign a affidavit beginning in February stating the posting of signs. Councilman Ferrell indicated that they should try this sytem first to see how well it works. ITEM #1276 Councilwoman Oberndorf indicated to Mr. Bimson that one of his Attorneys should be present at all public and executive sessions of the Planning Commission meetings to represent the City. Mr. Bimson indicated that he would have someone at the meetings. ITEM #13277 Councilman Ferrell indicated to Mr. Hanbury that he had received telephone calls from a gentlemen who signed a petition to get sewerage in 1975 and wanted to know when he would get sewerage. Mr. Hanbury indicated that he would be glad to look into it and see what was holding it up. Councilman Ervin indicated that the gentlemen stated that the $39.9-Million Bond Issue had a sum of money designated for this project and that someone told him that it had been diverted to another project. Mr. Ervin indicated to the gentlemen that he did not think that was the case. - 6 4- ITEM #13278 on motion by Councilman Merrick, seconded by Councilman Ferrell, and by acclamation, City Council adjourned. (9:40 p.m.) R th Hdge@ S City of Virginia Beach, V i r g i n i a 22 January 1979 b