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HomeMy WebLinkAboutJANUARY 15, 1979 Cllff OF VIRGINII BEICI MUNICIPAL CENTER "cW.dd', -E.,y..t 'Rs.,t City- VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, A, L.,g, CLARENCE A. HOLLAND, M.D., B.y@id@ B.,-.gh VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,,ill@ B@,..gb DONALD W. MERRICK, Ly..b..@@ B@,..gb JOHN A. BAUM, RI.,k..t@, B@,.,gb MEYERA E. OBERNDORF, At L.,g, F. REID ERVIN, At L.,g@ J. CURTIS PAYNE, P,i@,@,, A.@@ B@,..gh GEORGE R. FERRELL, A, L.,g@ ROGER l@. RFGGS, Vigi@i- B@.,h B.,..gb BARBARA M. HENLFY, P-g. B.-@gh RV7'H HODGES SMITH, Cily Cl@,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: MONDAY, 15 January 1979 - 1:00 p.m. A. CALL TO ORDER - Mayor Patrick L. Standing B. ROLL CALL OF COUNCIL C. MOTION TO RECESS TO INFORMAL/EXECUTIVE SESSION(S) D. PRESENTATION/DTSCUSSION OF PERTTNENT MATTERS 1. False Cape State Park: Presentation by Mr. Ben Bolen, Commissioner, Division of State Parks and a presentation by Mr. Walter Leveridge, President, Virginia Wildlife Fed- eration. 2. Refuse Collection Schedule: Discussion of Possible change in city-wide pi6k-up schedule. Ttem requested by Council- man Donald W. Merrick. 3. Tax relief for the elderly and handicapped: Discussion of city's current policy. Councilman Reid Ervin to present proposed changes in same. 4. Zoning Map Corrections: Administrative errors. Recommend that it be referred to Planning Commission for its February hearing and that simultaneous advertising be done so that it can be heard by Council early in February. ITEM II FORMAL SESSION: MONDAY 15 JANUARY 1979 - 2:00 p.m. A. INVOCATION - Reverend Eugene R. Woolridge, DDD, Pastor, Vir- ginia Beach United Methodist Church B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF REGULAR PREVIOUS MEETING 1. Motion to accept/approve the minutes of January 8, 1979 E. RESOLUTIONS 1. Resolution of Gratitude by the Community Development Citizens Advisory Committee F. PUBLIC HEARINGS: 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 discussion is desired, that item will be. re- moved from the Consent Agenda and considered separately.) MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA January 1 5, 1 979 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 15, 1979, at One o'clock in the afternoon. Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Absent: None INFORMAL SESSION ITEM #13203 Mayor Standing entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. (Personnel Matters). 2. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). Upon motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to proceed into EXECUTIVE SESSION following the INFORMAL SESSION. A. Letter from the City Manager recommending that city council approve the low bid of Layne Atlantic Company in the amount of $11,720.00 for a fresh groundwater well, and authorize the City Manager to enter into the necessary agreements in order to implement this project. B. Letter from the City Manager recommending that City Council approve the low bid of Pittman Mechanical Contractors, Inc., in the arqount of $317,533.00 for the Chiller-Central Heating Plant (Project 3-912), and authorize the City Manager to enter into the necessary agreements in order to implement this pro- ject. C. Letter from the City Manager recommending that City Council approve the following Bingo/Raffle Permits: Mens Club of St. Gregory the Great Catholic Church (Renewal) School Board, Star of the Sea Catholic Church (Renewal) FOP, Conunodore Lodge #3 (Renewal) Diamond Springs/Gardenwood Park Civic League (Renewal) H. PLANNING ITEMS: 1. RECOMMENDATIONS: a. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Fralin and Waldron, Inc., for a change of zoning from B-2 Com- munity-Business District to A-4 Apartment District on a 4.5 acre parcel located on the north side of Virginia Beach Boule- vard, east of Davis Street (Bayside Borough). b. Letter from the City Manager transmitting the recommendation of the Planning Commission for aidproval of the application of the Kempsville Volunteer Fire Department and Rescue Squad, Inc., for a change of zoning from R-6 Residential District to B-2 Community-Business District on a .85-acre parcel located at the eastern extremity of Brady Court, northeast of the intersection of Princess Anne Road and South Witchduck Road (Kempsville Borough). C. Letter from the City Manager transmitting the recommendation of the Planning commission for approval of the application of A. T. Taylor Estate for a change of zoning from AG-1 Agricultural District to T-1 Light Industrial District on a 17.6-acre parcel located on the south side of Harper's Road, west of Phantom Boulevard (Princess Anne Borough). d. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the 4pplication of S & C Company for a change of zoning from B-2 Community-Business District to R-6 Residential District on a 3.217-acre parcel lo- cated east of Malibu Drive, south of Alcott Road (Lynnhaven Borough). e. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of S & C Company for a conditional use permit for housing for the elderly on a 3.390-acre parcel located on the east side of Malibu Drive, south of Alcott Road (Lynnhaven Borough). f. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Joseph M. and Clara V. Mattox for a change of zoning from B-2 Community-Business District to I-1 Light Industrial District on a 6.71-acre parcel located between Northampton Boulevard and Shell Road, east of their intersection (Bayside Borough). 2. ORDINANCES: NONE I. GRANTS: NONE J. ORDINANCES 1. SECOND READINGS a. City Council is requested to approve on second reading an ordinance to accept grants totalling $32,636 from the Virginia Department of Transportation Safety and to appropriate these funds. 2. APPROPRIATIONS a. Letter from the City Manager recommending that City Council approve on first reading an ordinance to appropriate $7,297-00 to the Ac- comack-Northampton Transportation District Commission for the con- tinuation of rail service on the Delmarva Line. b. Letter from the City Manager recommending that City Council approve on first reading an ordinance to provide traffic signals on 21st and 2nd Streets between Pacific Avenue and the Virginia Beach- Norfolk Expressway, and appropriating $75,000 for this project dur- ing this fiscal year. C. Letter from the City Manager recommending that City Council approve on first reading an ordinance to appropriate $9,600 to develop a cost allocation plan for Virginia Beach. d. Letter from the City Manager reconunending that City Council approve on first reading an ordinance to appropriate funds in the amount of $26,200 for the City's share of the Regional Group Home for Foster Children. 3. CITY CODE AMENDMENTS a. Letter from the City Manager reconunending that City Council approve an ordinance to amend and reordain Section 2-43.2 of the Code of the City of Virginia Beach relating to the personnel grievance procedure and providing that the Personnel Board's decision is final and binding on Type A and B Grievances. b. Letter from the City Manager recommending that City Council approve an ordinance to amend and reordain Sections 22-134.1 and 22-160 of the Code of the City of Virginia Beach, Virginia, relating to parking violation fees. C. Letter from the City Manager recommending that City Council approve an ordinance to amend Section 5.8 relating to Site Plan Regulations pertaining to right-of-way improvements. K. ADDITIONAL ACTION ITEMS L. OLD BUSINESS 1. Councilman Merrick's Discussion: "Garbage Collection" M. NEW BUSINESS 1. Councilman Merrick's presentation to City Council concerning: "1979- 1980 Budget, City of Virginia Beach" N. MOTION TO ADJOURN 2 - V o t i n 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 - 3 - ITEM #13204 Mr. Hanbury presented an update discussion of False Cape State Park and the discussion of exchange between the Department of Interior and the State Department of Parks and Recreation. Mr. Hanbury presented Mr. Ben Bowlen, Commissioner, Division of State Parks. Mr. Bowlen presented a brief history of the formation of this Project. He stated that a False Cape Parkway Report was prepared by the Commission known as the Virginia outdoor Recreation Study Committee, which was authorized by the Legislature to survey existing outdoor recreation facilities across Virginia; to study the potential for acquiring additional outdoor recreational areas; and, to satisfy the needs and demands for recreational opportunities for the citizens of Virginia. The report recommends that the False Cape Parkway be a priority to re se r ve as a State Par k .The report was approved by the Legislature in 1966 and the State immediately began to acquire the land for False Cape Parkway. After the purchase of the land, the State went into the planning process and, in the original application with the Department of Interior, for 50% funding. It was approved with a clear understanding that access be by way of a road to the Back Bay National Wildlife. Acts passed by Congress since the original agreement, such as the National Environmental Protection Act, Wetlands legislation, change in the Administrative Act of the Fisheries and Wildlife Sections made it difficult to get to the Park. Procedures for a right-of-way began for the Refuge, and it became obvious that the Interior would not grant this right-of-way for the access. In cooperation with the Department of Highways and Transportation, the State commissioned a transportation consultant, Howard Needles Tammen. and Bergendoff, to study the whole access problem, all possible alternative access routes and prepare a report. After two or three years, the consultants presented a report with the conclusion that there are only three feasible ways of reaching the Park. 1. The road down to the Refuge. 2. A bridge causeway across Back Bay. 3. Going around into North Carolina across the bridge causeway to Knotts Island, across to Knotts Island Channel by a bridge causeway. A fourth suggestion in the report indicated that a land trade with the Department of Interior would give the State of Virginia the beach front and the Wildlife Federation the back lands for wildlife resources. About a year ago, the Department of Interior indicated they were interested in a land trade. After some discussion, they indicated they would trade with the State Commission on Parks about a mile and a half from Sandbridge South for all the land that was owned by the Commonwealth. After considerable negotiations, it was determined that the Department of Interior was firm in their position. The proposition was then taken to Governor Dalton who advised that the Commonwealth "would not come out ahead" if they went with the Department of Interior. A week ago, it was taken back to Governor Dalton and the Delegates of this area. They unanimously concurred that the State of Virginia had spent a lot of money in acquiring this Refuge and it would not be wise to trade with the Department of Interior for limited public use when it was purchased to provide recreation. The State would maintain it at the present and continue to seek access to the Park so it can be maintained as a recreational resource. Mr. Bowlen indicated that they had discussed with the Commission of Game and Fisheries the possibility of coming up with joint management. They would manage the wildlife resources and the State would manage the recreational resources. - 4- Mr. Hanbury introduced Mr. Walter Leveridge, President, Virginia Wildlife Federation. Mr. Leveridge indicated that the Virginia Wildlife Federation has been the moving force behind the exchange of lands and their motive for that was they would like to see the Park implemented. The Virginia Wildl ife Federation Executive Committee took the position that they were opposed to a meager exchange of land, a mile and a half verses five and 7/10th mile. He indicated that Sunday the Committee would take an official position. Mr. Leveridge stated that he was inclined to agree personally with the Governor that Virginia Beach and the State of Virginia very badly needed recreational areas for its citizens. Mr. Ervin asked Mr. Leveridge if he was aware of any limitations of persons going into the Park. Mr. Leveridge indicated that he had been a member of the Advisory Committee, and they placed a limitation of 25,000 people per day in the Park. He referenced to the Number One access to the Park, which was recommended over all others as being economi .cally feasible, and was least environmentally damaging: the road down to the Refuge through Sandbridge; however, it presents the problem to the people of Sandbridge as it will throw the traffic through the summer months through their area. He mentioned that one year ago he had discussed the access route with the Governor and his conviction was that the Number One access was confirmed in the learning that the Causeway from Knotts Island would cost approximately $27-Mill ion. ITEM #13205 Councilman Merrick discussed the garbage collection on the South side of Virginia Beach which during a couple of times a year there are days where the South side of Virginia Beach does not get garbage collection, whereas the North side of Virginia Beach does. He recommends that the City change the refuge collection to rotate every two years due to the inconvenience of Monday holidays, which is the cause of the South side's garbage not being collected. Dr. McCoy indicated that, as a result of the telephone calls he received, the citizens did not want this rotation and perferred it to stay one set time. Mrs. Oberndorf indicated that this was the same response she had received and stated that most people would get confused as to what day their trash collection would be. Mrs. Henley indicated that the Pungo area felt the same way. Mr. Merrick indicated that he would not bring it up in the FORMAL SESSION since the consensus was that it would be more inconvenient to rotate it. ITEM #13206 Mr. Hanbury indicated that he had reviewed the tax relief for the elderly and handicapped and could recommend an increase. He stated that it had been two years since Council had increased this exemption, from $6,000 to $7,500. He indicated that, if Council wished, they could go to $8,500 and al so increase the total net worth on $20,000 to $35,000. He stated that the cost to the City at the present time, is estimated to cost approximately $25,000 at the $7,500 level with $20,000 as the net worth. This would rise to $80,000. If Council concurs with this, if the funds are getting sizable enough, it should be under a separate appropriation. - 5- The funds should be appropriated as budgeted instead of reducing our estimate of revenues on real estate by that amount. He felt it should be placed in the Budget as cost in the City of Virginia Beach for tax exemption for the elderly and handicapped. He also suggested the increase of tax exemption for the indigent, the disabled would be increased in this. It is also recommended that an increase be made on the sewer line fee exemption not to exceed $30,000, and appropriate it to the Water and Sewer Fund to pay for any exemptions. However, it is felt that the administration of this should remain with those who have the expertise to handle these accounts. At the present time, Social Services handles the eligibility of tax exemptions for the elderly, handicapped, and the indigent. He indicated that the employees that are now working on this can be moved to the Real Estate Assessor's office, but he did feel that these same employees, no matter whether they are in Social Services or Real Estate Assessor's office, should be the ones to handle this. Mr. Hanbury indicated it would be brought up during the Budget. ITEM #13207 Mr. Hanbury indicated to Council that Zoning Map Corrections needed to be made due to drafting errors. When the property owners presented site plans and placed their buildings on the property, the City realized the lines came through the buildings. Mr. Hanbury recommended that these be referred to the Planning Commission for its February hearing, and that Council permit advertisement simultaneously in order for these to be presented for City Council in February, as requested by Mr. Robert J. Scott, Planning Director. Mr. Scott, using diagrams, discussed these changes and indicated to Council that he would do whatever was necessary to make these changes. ITEM #13208 Mr. Hanbury indicated to Council that an individual had a site plan submitted to the City for improvements. Mr. Hanbury, using a diagram, noted the intersection of Shore Drive and Great Neck Road, which has a 100-foot right-of-way going across the Great Neck Road for approximately 400 feet, then reduces down. There is a bike path on the 100-foot right-of-way. It reduces down to 50-feet when it comes to Cape Story By The Sea. The property owner did not see this when he did his survey and he is now de ve lopin g this corner ca 1 1 ed Sea Gate Shops .The site plan is in, and he is ready to begin construction; however, he has a portion of his building encroaching approximately 10-feet into the right-of-way at this time. He wishes to allow the City to take advantage, as the State law allows, administratively to close a portion of this 100-foot right-of-way to allow him to build, or get his building permit. Mr. Hanbury noted that it would not interfere with the bike trail or anything. It would merely be the closing of a portion of the 100-foot right-of-way. The City Manager recommended closing at least a portion of this right-of-way, at least 25-feet. There is 25 feet on each side of a 50-foot area in question, and the property owner would want only one side or a total of 25 feet. The City owns the right-of-way and it cannot be purchased. However, the 25 foot allowed the property owner would be returned to the tax rolls, and the property owner so taxed in accordance with this allowance. - 6- ITEM #13209 FORMAL SESSION Monday, 15 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 Patrick L. Standing Council Members Absent: None INVOCATION was given by Reverend Eugene R. Woolridge, Virginia Beach United Methodist Church PLEDGE OF ALLEGIANCE - 7 - On motion by Co unc il man Baum , seconded by Coun c il man Payne, City Council voted to APPROVE the Minutes of the Regular Meeting of January 8, 1979, as the minutes had previously been distributed to Council for their consideration; and further, approve the correction in the Minutes to read as follows: "28,000 delinquent tax payers" instead of $20,000 (Item #13170) 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 - 8- ITEM #13211 RESOLUTION OF GRATITUDE TO MISTER SAM HOUSTON, SR. WHEREAS, those co-workers, fellow citizens and friends of SAM HOUSTON, SR. are deeply indebted to their leader whose dedication has inspired all who have known him; WHEREAS, in the transition from the County of Princess Anne to the City of Virginia Beach there has not been an ordinary course of events; but, rather a complexity of merger from County to City-- from rural to urban--from farming to industry and tourists of such magnitude that no average abilities could cope with the demands--no ordinary individuals' knowledge and experience would prompt the wisdom, understanding and patience necessary to perform in an unbiased manner to accomplish the unknown; and, WHEREAS, SAM HOUSTON, SR., possesses these qualities along with the strength of responsibility to purpose and duty, public trust and faith have been expressed in the many positions alloted Mister Houston and exemplified by his efforts and ability to accomplish the goals set forth: NOW, THEREFORE, BE IT RESOLVED, That the Members of the COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE hereby express their deepest appreciation for the interest shown and the services rendered by their Chairman, MISTER SAM HOUSTON, SR. FURTHER, BE IT RESOLVED, That this expression be drawn into a fitting Resolution to be approved by the City Council of the City of Virginia Beach and that this Resolution of Gratitude be entered into the Clerk's permanent minutes of this City Council this Fifteenth day of January, 1979, with a copy to Mister Sam Houston, Sr. Given under my hand and seal this Fifteenth day of January 1 9 7 9. Patrick L. Standing Mayor - 9- On motion by Councilman Payne, seconded by Councilwoman Oberndorf, City Council voted to ADOPT the following Resolution of Gratitude to Mr. Sam Houston, Sr. 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 -10- CONSENT AGENDA ITEM #13212 (ITEM 11-G a-c) The following bids were received for the Fresh Water Test Program: Layne Atlantic Company $11,720.00 Sydnor-Hydrodynamics, Inc. $18,011.00 Engineer's Estimate $13,000.00 On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to APPROVE the low bid of Layne Atlantic Company, in the amount of $11,720.00 for a Fresh Groundwater Well; and further, authorized the City Manager to enter into the necessary agreements to implement this project. Vot ing : 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 -11- ITEM #13213 (ITEM II-G a-c) The following bids were received for the Chiller-Central Heating Plant (Project 3-912): Pittman Mechanical Contractors, Inc. $317,533.00 Electrical Mechanical Specialist, Co. $324,284.00 Norfolk Air Conditioning Corporation $337,586.00 Parker-Sparks, Incorporated $345,000.00 Hicks and Ingle Company of Virginia, Inc. $349,000.00 Cox-Powell Corporation $403,884.00 Engineer's Estimate $325,000.00 On motion by Coun c i]woman Obern do rf, secon ded by Coun c il man Baum , City Council voted to APPROVE the low bid of Pittman Mechanical Contractors, Inc., in the amount of $317,533.00, for the Chiller-Central Heating Plant (Project 3-912); and further, authorized the City Manager to enter into the necessary agreements to implement this project. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 1 2- ITEM #13214 (ITEM II-G a-c) On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to APPROVE the following Bingo/Raffle Permits: Men's Club of St. Gregory the Great Catholic Church Renewal School Board, Star of the Sea Catholic Church Renewal FOP, Commodore Lodge #3 Renewal Diamond Springs/Gardenwood Park Civic League Renewal 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 3 - PLANNING ITEMS ITEM #13215 (ITEM II-H.I.a) An Ordinance upon application of Fralin and Waldron, Incorporated, for a Change of Zoning District Classification from B-2 Community-Business District to A-4 Apartment District on certain property located on the North side of Virginia Beach Boulevard beginning at a point 400 feet more or less East of Davis Street, running a distance of 125 feet along the North s i de of Vi rg in ia Beac h Boul e vard, running a di stance of 435.6 feet in a Northerly direction, running a distance of 50 feet in an Easterly direction, running a distance of 810.4 feet in a Northerly direction, running a distance of 175 feet along the Northern property line and running a distance of 1246 feet along the Western line. Said parcel contains 4.5 acres. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. An escrow to cover the cost of pavement widening, curb and gutter, sidewalk and drainage facilities along this site's frontage on Virginia Beach Boulevard. 4. Extensive off-site drainage improvements will be required with the development of this site. 5. Zoning to become effective when funding for elderly housing is obtained. And further subject to the following condition prior to the change on the Official Zoning Map: A dedication of right-of-way 75-feet from the centerline of the existing 1 20-foot right-of-way and a reservation of an additional 5 feet along the 125-foot frontage on Virginia Beach Boulevard, (a 15-foot dedication and a 5-foot reservation). Attorney James A Pickrell appeared in behalf of the applicant Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the appl ication of Fral in and Waldron , Inc. , for a change of zoning from B-2 Community-Business District to A-4 Apartment District, (Bayside Borough) with all of the stipulations as recommended by the Planning Commission, plus that the zoning not become effective until the funding has been adequately accomplished. 1 4- Vot in g 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -1 5- City Council voted to APPROVE the Ordinance upon application of Fralin and Waldron, Inc., for a Chanqe of Zoning District Classification from B-2 Community-Business Dist ict to A-2 Apartment District: ORDINANCE UPON APPLI CATION OF FRALIN AND WALDRON, Z0179404 INCORPORATED, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY-BUSINESS DISTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: An Ordinance upon application of Fralin and Waldron, Incorporated, for a Change of Zoning District Classification from B-2 Community-Business District to A-4 Apartment District on certain property located on the North side of Virginia Beach Boulevard beginning at a point 400 feet more or less East of Davis Street, running a distance of 125 feet along the North side of Virginia Beach Boulevard, running a distance of 435.6 feet in a Northerly direction, running a distance of 50 feet in an Easterly direction, running a distance of 810.4 feet in a Northerly direction, running a distance of 175 feet along the Northern property line and running a distance of 1246 feet along the Western line. Said parcel contains 4.5 acres. BAYSIDE BOROUGH. Approval is subject to the following stipulations in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. An escrow to cover the cost of pavement widening, curb and gutter, sidewalk and drainage facilities along this site's frontage on Virginia Beach Boulevard. 4. Extensive off-site drainage improvements will be required with the development of this site. 5. Zoning to become effective when funding for elderly housing is obtained. 6. The zoning shall not become effective until the funding has been adequately accomplished. And further subject to the following condition prior to the change on the Official Zoning Map: A dedication of right-of-way 75-feet from the centerline of the existing 120-foot right-of-way and a reservation of an additional 5-feet along the 125-foot frontage on Virginia Beach Boulevard (a 15-foot dedication and a 5-foot reservation). This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of January, 1979. -1 6- ITEM #1 321 6 (ITEM II-H.l.b) An Ordinance upon appl ication of Kempsvil 1 e Vol unteer Fire Department and Rescue Squad, Inc., for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on certain property located at the Eastern extremity of Brady Court beginning at a point 460 feet more or less Northeast of the inter- section of Princess Anne Road and South Witchduck Road, running a distance of 210 feet along the Southern property line, running a distance of 110 feet along the Eastern property line, running a distance of 214.23 feet along the Northern property line and running a distance of 240 feet along the Western property line. Said parcel contains .85 acre. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. Stuart Buxbaum appeared in favor of this application. Upon motion by Councilman Ervin, seconded by Vice Mayor McCoy, City Council voted to APPROVE the application of Kempsville Volunteer Fire Department and Rescue Squad, Inc., for a Change of Zo@n from R-6 Residential District to B-2 Community-Business District: V o t i n 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 - 1 7- AN ORDINANCE UPON APPLICATION OF KEMPSVILLE Z0170495 VOLUNTEER FIRE AND RESCUE SQUAD, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 RESIDENTIAL DISTRICT TO B-2 COMMUNITY- BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: An Ordinance upon application of Kempsville Volunteer Fire Department and Rescue Squad, Inc., for a Chanqe of Zoning District Classification from R-6 Residential District 7Fo B-2 Community-Business District on certain property located at the Eastern extremity of Brady Court beginning at a point 460 feet more or less Northeast of the inter- section of Princess Anne Road and South Witchduck Road, running a distance of 210 feet along the Southern property line, running a distance of 110 feet along the Eastern property line, running a distance of 214.23 feet along the Northern property line and running a distance of 240 feet along the Western property line. Said parcel contains .85 acre. 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. City water and sewer. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of January, 1979. -1 8- ITEM #13217 (ITEM II-H.I.C) An Ordinance upon application of A. T. Taylor Estate for a Change of Zoning District Classification from AG-1 Agricultural District to 1-1 Light Industrial District on certain property located on the South side of Harper's Road beginning at a point 1350 feet West of Phantom Boulevard, running a distance of 910 feet along the South side of Harper's Road, running a distance of 900 feet along the Western pro- perty line, running a distance of 750 feet along the Southern property line and running a distance of 900 feet along the Eastern property line. Said parcel contains 17.6 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary along Harper's Road; this includes pavement widening, curb and gutter, sidewalk and drainage facilities. Street lights will also be required along Harper's Road. 4. A buffer is to be provided along boundaries adjacent to residential areas. And further subject to the following conditions prior to the change on the Official Zoning Map: 1. A dedication of right-of-way 3- feet from the centerline of the existing 30-foot right-of-way and a reservation of an additional 15 feet along the 910-foot frontage on Harper's Road (a 15-foot deciation and a 15-foot reservation). Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. LCDR Jackson, NAS-Oceana, appeared in favor of this application - 1 9- On motion by Councilman Payne, seconded by Councilman Merrick, City Council voted to APPROVE the application of A. T. TAYLOR ESTATE for a Change of Zoning District Classification from AG-1 Agricultural District to 1-1 Light Industrial District. Vot in 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 City Council voted to APPROVE the application of A. T. TAYLOR ESTATE for a Change of 12 in listri,t Classification from AG-1 Agricultural ct to I_T Lg@ Distri t Industria @District. - 20 - ORDINANCE UPON APPLICATION OF A. T. TAYLOR Z0179406 ESTATE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO 1-1 LIGHT INDUSTRIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: An Ordinance upon appl ication of A. T. Taylor Estate for a e of Zoning District Classification from AG-1 Agricultural District to I-I Light Industrial District on certain property located on the South side of Harper's Road beginning at a point 1350 feet West of Phantom Boulevard, running a distance of 910 feet along the South side of Harper's Road, running a distance of 900 feet along the Western pro- perty line, running a distance of 750 feet along the Southern property line and running a distance of 900 feet along the Eastern property line. Said parcel contains 17.6 acres. PRINCESS ANNE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary along Harper's Road; this includes pavement widening, curb and gutter, sidewalk and drainage facilities. Street lights will also be required along Harper's Road. 4. A buffer is to be provided along boundaries adjacent to residential areas. And further subject to the following conditions prior to the change on the Official Zoning Map: 1. A dedication of right-of-way 3- feet from the centerl ine of the existing 30-foot right-of-way and a reservation of an additional 15 feet along the 910-foot frontage on Harper's Road (a 15-foot deciation and a 15-foot reservation). This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of uar , 1 979. - 21 - ITEM #13218 (ITEM II-H.I.d) An Ordinance upon application of S & C Company for a Clane O' 'o @n District Classification from B-2 Community-Business D i@tric t to R-6 Residential District on certain property located 100.45 feet East of Malibu Drive beginning at a point 100 feet South of Alcott Road, running a distance of 305.22 feet along the Western property line, running a distance of 485.29 feet along the Southern property line, running a distance of 280 feet along the Eastern property line and running a distance of 458.97 feet along the Northern property line. Said parcel contains 3.217 acres. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. Mr. C. G. Harris, appeared in behalf of the applicant. Reverend R. E. Fellows, appeared in favor of this application. The following appeared in opposition to this application: Dorsey Lupton Dennis C. Watson Zeno Nichols, Jr. Irvin A. Douglas Upon motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to APPROVE the application of S & C COMPANY for a Change of Zoning District Classification from B-2 Community-Business District to R-6 Residential District. 2 2- 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 City Council voted to APPROVE the application of S & C COMPANY for a Change of Zoning District Classification from B-2 Community-Business District to R-6 Residential District. - 2 3 - AN ORDINANCE UPON APPLICATION OF S & C COMPANY Z0179407 INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION FROM B- 2 COMM UNITY-BUSINE SS D ISTR ICT TO R-6 RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: An Ordinance upon application of S & C Company for a Change of Zoning District Classification from B-2 Community-Business District to R-6 Residential District on certain property located 100-45 feet East of Malibu Drive beginning at a point 100 feet South of Alcott Road, running a distance of 305.22 feet along the Western property line, running a distance of 485.29 feet along the Southern property line, running a distance of 280 feet along the Eastern property line and running a distance of 458.97 feet along the Northern property line. Said parcel contains 3.217 acres. LYNNHAVEN BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of January, 1979 - 24- ITEM #13219 (ITEM II-H.l.e) An Ordinance upon application of S & C COMPANY for a Conditional Use Permit for housing for the elderly on certain property located on the East side of Malibu Drive beginning at a point 188.34 feet South of Alcott Road, running a distance of 75.34 feet along the East side of Malibu Drive, running a distance of 100.45 feet in an Easterly direction, running a distance of 141.99 feet in a Southerly direction, running a distance of 485.82 feet along the Southern property line, running a di stance of 280 f eet along the Ea stern prope rty I ine, runn ing a distance of 458.97 feet along the Northern property line, running a distance of 87.89 feet in a Southerly direction and running a distance of 100.45 feet in a Westerly direction. Said parcel contains 3.390 acres. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A recreational/open space plan. 4. A landscaped buffer along the portions of this site adjoining single family homes. 5. All lighting is to be directed toward the interior of this site and shielded from adjacent residential properties. Mr. C. G. Harris appeared in behalf of the appl icant. Reverend R. E. Fellows appeared in favor of this application. The following persons appeared in favor of this application: Dorsey Lupton Dennis C. Watson Zeno Nicholas, Jr. Irvin A. Douglas Upon motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to APPROVE the application of S & C COMPANY for a Conditional Use Permit for housing for the elderly. 2 5- V o t i n g 1 1 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None City Council voted to APPROVE the Ordinance upon application of S & C COMPANY for a Conditional Use Permit for housing for the elderly. - 2 6 - ORDINANCE UPON APPLICATION OF S & C COMPANY RO]79229 FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR THE ELDERLY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: An Ordinance upon application of S & C COMPANY for a Conditional Use Permit for housing for the elderly on certain property located on the East side of Malibu Drive beginning at a point 188.34 feet South of Alcott Road, running a distance of 75.34 feet along the East side of Ma I i b u Dr i ve , running a distance of 100.45 feet in an Easterly direction, running a distance of 141.99 feet in a Southerly direction, running a distance of 485.82 feet along the Southern property line, running a distance of 280 feet along the Eastern property line, running a distance of 458.97 feet along the Northern property line, running a distance of 87.89 feet in a Southerly direction and running a distance of 100.45 feet in a Westerly direction. Said parcel contains 3.390 acres. LYNNHAVEN BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A recreational/open space plan. 4. A landscaped buffer along the portions of this site adjoining single family homes. 5. All lighting is to be directed toward the interior of this site and shielded from adjacent residential properties. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of January, 1979. - 2 7 - ITEM #13220 (ITEM II-H.I.f) An Ordinance upon application of Joseph M. and Clara V. Mattox for a Change of Zoninq District Classification from B-2 Community-Business District to I-I Light Industrial District on certain property beginning at a point 1000 feet more or less Northeast of the inter- section of Shell Road and Northampton Boulevard, running a distance of 732.22 feet along the South side of Northampton Boulevard, running a distance of 875.90 feet along the Eastern property line, running a distance of 424 feet along the North side of Shell Road and running a distance of 453.10 feet along the Western property line. Said parcel contains 6.71 acres. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 10 to approve this request subject to the following conditions in conjunction with the intended use of the land: I . Stan da rd imp rovements as requ ired by the Si te Pl an Ordin an ce. 2 . Recommend City water and sewer be required. However, septic tank use is subject to soil evaluation. 3. Right-of-way improvements will be necessary along Shell Road; this includes pavement widening, curb and gutter, sidewalk, drainage facilities, and street lights. 4. Adequate planted buffer, to be dedermined at time of Site Plan review, will be provided along all adjacent residential property lines. And further subject to the following condition prior to the change on the Official Zoning Map. 1. A dedication of right-of-way 30-feet from the centerline of the existing 50-foot right-of-way along the 424-foot frontage on Shell Road (a 5-foot dedication). Attorney J. J. Lawler appeared in behalf of the applicant. The following persons were registered in opposition to the application: Joyce Kramer, United Church of Tidewater Al Thiel Mary Hafiz Mary Ruth Scott - 28- On motion by Councilman Holland, seconded by Councilman Riggs, City Council voted to DEFER FOR THREE WEEKS (February 5, 1 979) , the application of JOSEPH M. AND CLARA V. MATTOX for a Change of Zo@n District Classif ication from B-2 Community-Business District to 1-1 Light Industrial District. Voting : I 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 2 9- ORDINANCES ITEM #13221 SECOND READING (ITEM II-J.I.a) On motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to APPROVE ON SECOND READING the Ordinance to accept a Grant totaling $32,636 from the Virginia Department of Transportation and Safety. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland - 30 - AN ORDINANCE TO ACCEPT GRANTS TOTALING $32,636 FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION SAFETY AND TO APPROPRIATE THESE FUNDS WHEREAS, the Virginia Department of Transportation Safety has approved funding for four Programs to improve highway safety; and, WHEREAS, the City of Virginia Beach wishes to accept that funding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That this funding be accepted and appropriated for the following purposes: Estimated Revenue Total From Other Agencies Appropriations Accident Management Program $11,840 $11,840 Traffic Engineering Training 1, 00 2 1, 00 2 Highway Marking Program 1,794 1,794 Accident Investigation Vehicle 18,000 1 8, 000 Total $32,636 $32,636 BE IT FURTHER ORDAINED that the appropriations will be financed 100% by State funds, requiring a local in-kind match currently appropriated in the City's fiscal year 1979 Operating Budget. FIRST READING: January 8, 1979 SECOND READING: January 15, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of January 1 1979. - 31- ORDINANCES ITEM #13222 FIRST READINGS (ITEM II-J.2.a) On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council voted to APPROVE ON FIRST READING the Ordinance to appropriate $7,297.00 to the Accomac-Northampton Transportation District Commission for the continuation of rail service on the Delmarva Line. Voting: 9-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell , Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and Clarence A. Holland - 3 2 - 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: Adopted by the Council of the City of Virginia Beach, on the day of 1 1979. - 3 3- ITEM #13223 (ITEM II-J.2.b) On motion by Councilman Ervin, seconded by Councilman Riggs, City Council voted to APPROVE ON SECOND READING the Ordinance to provide traffic signals at 21st and 22nd Streets between Pacific Avenue and the Virginia Beach-Norfolk Expressway. 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 - 34- AN ORDINANCE TO PROVIDE TRAFFIC SIGNALS ON 21st 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 j u st if ied on 21 st and 22nd Streets at Arc tic, Med i terranean and Cypress Avenues and at Parks Avenue on 21st 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: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 1979 - 3 5 - ITEM #13224 (ITEM II-J.2.c) On motion by Councilman Baum, seconded by Councilman Ervin, City Council voted to APPROVE ON FIRST READING the Ordinance to appropriate $9,600 to develop a cost allocation plan for Virginia Beach . 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 - 36 - 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 supp or t serv ices wh i ch a re pa i d 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 wi th Da vi d M . Gr if f i th and Assoc ia te s , 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: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 1979 - 3 7 - ITEM #13225 (ITEM II-J.2.d) Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor McCoy, City Council voted to APPROVE ON FIRST READING the Ordinance to appropr ia te $26 , 700 f or the C ity' s share of the Reg iona I Group Home for Foster Children. Vot in g : 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, 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 8- 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 Oth ncies Share Appropriations Social Services $1 2 , 50 0 $1 4 , 20 0 $ 2 6 , 70 0 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 day of 1979. FIRST READING: January 15, 1979 SECOND READING: - 3 9 - ORDINANCES ITEM #13226 CITY CODE AMENDMENTS (ITEM II-J.3.a) On motion by Councilman Merrick, seconded by Councilman Ferrell, City Council voted to ADOPT the Ordinance to amend and reordain Section 2-43.2 of the Code of the City of Virginia Beach relating to personnel grie van ce procedure and provi d i ng that the PER SONNEL BOARD'S dec i sion is final and binding on Type A and B Grievances. Voting ; 11 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell Barbara M. Henley, Clarence A. Holland, Mayor 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 - 40 - AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-43.2 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE PERSONNEL GRIEVANCE PROCEDURE AND PROVIDING THAT THE PERSONNEL BOARD'S DECISION IS FINAL AND BINDING ON TYPE A AND B GRIEVANCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-43.2 of the Code of the City of Virginia Beach is amended and reordained to read as follows: Section 2-43.2 Same - Procedure. (a) Type A Grievances. Type A grievances pertain to dismissal, demotion or suspension for more than five consecutive working days. (1) Type A grievances may only be appealed directly to the Personnel Board. (2) Written notification of the intent to appeal to the Personnel Board must be received by the Secretary of the Personnel Board within five consecutive working days of the notification to the employee of dismissal, demotion or suspension for more than five consecutive working days. Upon notification of the grievant's intent to appeal, the Secretary of the Personnel Board shall arrange the time and place of the hearing and notify all affected parties of this within five consecutive working days. The Personnel Board hearing shall be scheduled in order to allow a maximum of twenty consecutive calendar days between the time of party notification by the Secretary of the Personnel Board and the Board hearing. Should the Secretary of the Board determine an employee is continually non-coperative or is not appropriately following the procedures prior to the convening of the Personnel Board set forth in the Personnel Board hearing procedures, he or she shall have full authority to cancel the hearing and the employee shall forfeit all rights to such a hearing. (3) The Personnel Board's decision regarding Type A Grievances shall be final and binding. (b) Type B Grievances. Type B Grievances are other than those pertaining to dismissal, demotion, suspension for more than five - 41- consecutive working days. (1) Step 1. The aggrieved employee (grievant), shall discuss the grievance with the immediate supervisor within five consecutive working days of its occurrence or knowledge of its occurrence. The immediate supervisor must verbally reply to the grievant within five consecutive working days of the date of this discussion. (2) Step 2. If the agrievance is not settled verbally in Step 1, the grievant may within five consecutive working days of the immediate supervisor's verbal reply, submit the grievance in writing to the same supervisor on a "grievance statement and remedy form" available from the Department of Personnel, or any City-owned information bulletin board. The immediate supervisor must reply in writing to the grievant on the "grievant reply and remedy form" with- in five consecutive working days of receipt of the written grievance. (3) Step 3. If the grievance is not settled in Step 2, the grievant may appeal the immediate supervisor's decision by forwarding the "grievance statement and remedy form" to the Department Head within five consecutive working days of the immediate supervisor's response. The Department Head must meet and discuss the grievance with the employee and the immediate supervisor, and must reply in writing to the grievant on the "grievance reply and remedy form" within five consecutive working days of the receipt of the written grievance. If the immediate supervisor is the Department Head, Steps 2 and 3 are consolidated into a single step. (4) Step 4. If the grievance is not settled in Step 3, the grievant may appeal the decision by forwarding the grievance statement and remedy form to the City Manager within five consecutive working days of the Department Head's response. The City Manager may meet and discuss the grievance with the employee, the Department Head and the immediate supervisor and must respond in writing to the grievant on the agrevant reply and remedy form within ten consecutive working days of the receipt of the written grievance. If the immediate supervisor is the City Manager, Steps 2, 3, and 4 are consolidated into a single step. - 4 2- (5) Step 5. If the grievance is not settled in Step 4, the grievant may appeal the decision to the Personnel Board. The decisions of the Personnel Board shall be final and binding. The grievance statement and remedy form, and the grievance reply and remedy form must be sent to the Director of Personnel within five consecutive working days of the City Manager's response. Upon notification of the grievant's intent to appeal, the Secretary of the Personnel Board must arrange the time and place of the hearing and notify all affected parties of such time and place within five consecutive working days. The Personnel Board hearing shall be scheduled in order to allow a maximum of twenty consecutive calendar days between the time of party notification by the Secretary of the Personnel Board and the Board hearing. (c) Legal representation. The grievant shall be allowed at any step beyond the first step of this procedure to be accompanied or represented by an individual of his or her choice which may be legal counsel. Representation of the grievant must be at the expense of the grievant. The City Attorney or a designated alternate attorney may serve management or the Personnel Board at any step beyond the first step in the grievance procedure. (d) Alteration of or failure to meet time limits. Should there be extenusating circumstances, the Secretary of the Personnel Board can alter the time limits as set forth herein. If during the procedure the imniediate supervisor or Department Head fails to pro- vide an answer within the time limits as provided, the grievant may immediately proceed to the next step. If the City Manager fails to provide an answer within the time limits as provided without just cause, this shall result in a decision in favor of the grievant. Failure by the grievant to process a grievance within the time limits or agreed upon extension, shall constitute termination of the grievance. (e ) Freedom of reprisal. An empl oyee f i I i ng a gr ie vance shall have the right to follow all the steps of the grievance procedure with complete freedom from reprisal. - 4 3 - (f) Rights of local 9 vernment. Nothing in this procedure is intended to circumscribe or modify the existing management rights of the local government to do the following: (1) Direct the work of its employees; (2) Hire, promote, transfer, assign and retain employees' positions within the agency; (3) Demote or dismiss employees for proper cause; (4) Maintain the efficiency of governmental operation; (5) Relieve employees from duties because of lack of work; (6) Take actions as may be necessary to carry out the duties of the agency in emergencies; and, (7) Determine the methods, means and personnel by which operations are to be carried out. (g) Illiterate employees. Employees who are not able to read or write should be encouraged to seek personal assistance when utilizing this procedure. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of January, 1979. Note; For State authority, see Sections 2.1-114.5:1, 15.1-7.1 and 15.1-7.2, Code of Virginia, as amended. - 4 4- ITEM #13227 (ITEM II-J.3.b) On motion by Councilman Riggs, seconded by Councilwoman Oberndorf, City Council voted to DEFER INDEFINITELY the Ordinance to amend and reordain Sections 22-134.1 and 22-160 of the Code of the City of Virginia Beach, relating to parking violation fees. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 4 5- AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 22-134.1 AND 22-160 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO PARKING VIOLATION FEES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 22-134.1 and 22-160 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained as follows: Section 22-134.1. Payment of fine. Each owner, within three (3) working days of the City, of the time when a notice was attached to the vehicle in question, for violation of a provision or provisions of Section 22-134, shall pay a penalty of Eight Dollars ($8.00) for each hour or fraction thereof during which such vehicle occupied a prohibited, restricted or reserved place. Such payment shall constitute a plea of guilty of the violation in question and is payable at the Office of the City Treasurer. Any person who shall desire to contest a parking citation shall present the citation at any Office of the City Treasurer, who shall certify it on an appropriate form to the General District Court. If payment is not postmarked or received by the City Treasurer within three (3) working days of the City after receipt of such notice, the fine shall be -Sixteen Dollars ($16.00). The failure of such owner to make such payment or present such citation at any Office of the City Treasurer for certification to the General Di str ic t Court wi th in thirty (30 ) days sha II ren de r such owner subject to the penalty provided in Section 22-166. The City Treasurer shall cause complaints, summons or warrants to be issued for delinquent parking citations. Section 22-160. Payment by owner of stipulated penalty within three (3) working days of the City. Each owner, after a notice is attached to a vehicle in question, as provided in Section 22-159, shall pay a penalty of - 4 6- Five Dollars ($5.00) for each hour or fraction thereof during which such vehicle occupied a parking meter space illegally. Such payment shall constitute a plea of guilty of the violation in question and is payable at any Office of the City Treasurer. Any person who shall desire to contest a parking citation shall present the citation at the Office of the City Treasurer, who sha II ce rt i fy it on an ap prop r iate form to the Genera 1 Di str ict Court. If payment is not postmarked or received by the City Treasurer within three (3) working days of the City after receipt of such notice, the penalty for each hour or fraction thereof during which such vehicle occupied a parking meter space illegally shall be Ten Dollars ($10.001. The failure of such owner to make such a payment, or present such citation at any Office of the City Treasurer for certification to the General District Court, within thirty (30) days shall render such owner subject to the penalty provided in Section 22-166. The City Treasurer shall cause complaints, summons or warrants to be issued for delinquent parking citations. This Ordinance shall be effective upon the date of its adoption Adopted by the Coun c il of the C ity of Vi rg inia Beach , Virginia, on the day of 1 1979 - 4 7- ITEM #13228 (ITEM 11-J.3.c) Upon motion by Councilman Ferrell, seconded by Councilman Baum, City Council voted to APPROVE the Ordinance to amend Section 5.8 relating to Site Plan Regulations pertaining to right-of-way improvements Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Pa tr ic k L . Standin g Council Members Voting Nay: None Council Members Absent: None - 48- AN ORDINANCE TO AMEND SECTION 5.8 RELATING TO SITE PLAN REGULATIONS PERTAINING TO RIGHT-OF-WAY IMPROVEMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF V IRG IN IA BEACH , V IRG IN IA : R ig ht-of -way impro vemen ts sha I I incl ude pa vement w i den in g curb, gutter and sidewalks in accordance with the standards of the Department of Public Works, except when due to existing conditions or planned construction projects, it is not feasible to construct at the same time the site is being constructed. Pavement widening will be required based on traffic impact and safety considerations as determined by standards established by the Department of Public Works. When the improvements are deferred, the estimated costs of these improvements shall be placed in escrow with the City, unless the construction and improvements are covered by Subdivision Bonds pursuant to the Subdivision Ordinance. This Ordinance shall be effective from date of adoption. Adopted by the Counc il of the C i ty of V i rg in ia Beac h , Virginia, on the Fifteenth day of January, 1979. - 4 9- ITEM #13229 Councilwoman Oberndorf indicated that some c i ti zen s had stated that no-parking signs are erected in areas of the City that are not City sanctions and were receiving tickets. Mr. Hanbury indicated that the only place a Police Officer can issue a ticket is in a place where it has been approved by City Council . He stated he had looked into her suggestion about putting official authorization on the signs and indicated that there are approximately 35,000 no-parking signs, which would make it extremely expensive. ITEM #13230 Councilman Baum indicated that The Agenda Committee had submitted a report to City Council and noted some of the changes: 1. There will be preprinted tabs. 2. Legal paper will be used for all correspondence. 3. All planning items will be included in every Agenda. ITEM #13231 Vice Mayor McCoy indicated that the Boards and Commissions Committee had submitted a report to the City Council and noted some changes: 1 . Rules and proceedures for appl ications are adequate. 2. Resolution adopted requesting a yearly report from each Board and Commission due in November. 3. A Resolution, rather than an Ordinance, beginning with the Planning Commission and School Board for the length of terms of citizens serving these bodies. Vice Mayor McCoy indicated that if the length of terms was passed it should be "grandfathered". Those already serving on the Board should not be asked to leave at the end of their term, but it should start with new members appointed from the time of adoption of this Resolution. Councilman Merrick indicated that the Council should I imit the number of terms the members served on the Boards and Commissions, and leave it on the "back burner" until Council considers it. ITEM #13232 Councilman Ervin inquired of the City Manager whether or not it was possible to receive portions of the budget as it is reviewed from each Department in order to make it easy to digest before receiving the whole budget in april . The City Manager indivated he would be glad to discuss this with the Council in Executive Session if the law permitted. - 50 - ITEM #13233 On motion by Councilwoman Oberndorf, seconded by Councilman Ervin, City Council voted to APPROVE the following appointments to the CITIZENS ADVISORY COMMITTEE OF VIRGINIA BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Clarence M. Morgan, Sr., - Virginia Beach Chapter of the NAACP Mrs. Vivian V. Gary Atlantic Park Mr. Joseph Lee Gracetown Mrs. Leola Williams - Beechwood Mrs. Mary Davenport - Newsome Farm Mr. Ernest Benson - Queen City Mrs. Lula M. Cofield - Newsome Farm Mr. Isaac Herbert - Burton Station Vot in g 11 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Mayor J. Hen ry McCoy , Jr . , Donal d W. Merric k , Meyera E Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 5 1 - ITEM #13234 On motion by Councilman Holland, seconded by Councilman Baum, City Council voted to APPROVE the following appointments to the MENTAL HEALTH AND MENTAL RETARDATION SERVICES BOARD: Mrs. Kathryn L. Murray Mrs. Bernadine F. Wallace Mrs. Paul ine Z. Porter Commander Thomas A. Northam, USN Mr. Edward L. Brown, Sr. To three (3) year terms beginning January 1, 1979 and ending December 31, 1981; AND, reappointed Dr. Bernard Pendleton to his second three year term, and Reverend Kenneth R. Carbaugh to his f irst three year term, each beginning January 1, 1979 and ending December 31, 1981. This is the first term for Reverend Carbaugh as he just completed an unexpired term for his predecessor. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell Barbara M. Henley, Clarence A. Holland, Mayor 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: - 5 2- ITEM #13235 Councilman Merrick indicated that he had submitted to Council a letter regarding the 1979-1980 budget for the City of Virginia Beach. He indicated that the Council should devise some technique to give guidance to the City Manager as to what the Council expects him to accomplish in the budget year. He noted five objectives or tasks: 1. Next years budget should not exceed this year's budget. 2. The Departments absorb the wage increases in the 1978-1979 budget that were given in October I and January 1 that must be funded in full next year which is approximately a million dollars. 3. The Departments should absort the wage increases proposed in the 1979-1980 budget; merit, cost of living in their proposed budget. 4. The Departments absorb the inflation cost in materials. 5. That we return the unappropriated General Fund balance back to 5% of the budget. Mr. Merrick indicated that these were not detailed cuts but are just a set policy or guidelines for the City Manager to follow in preparing the budget. Mr. Merrick noted that there has been 15% to 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 assessments could rise 7%, in order to hold down the real estate tax rate of 80cts. 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. ITEM #13236 Councilman Payne requested the City Attorney to prepare a Resolution supporting the Governor of Virginia's position on False Cape Parkway that they do not swap the Park with the Federal Government and not stop negotiations but try to push forward for accessability to the Park. ITEM #13237 On motion by Councilman Ervin, seconded by Co@ilman Ferrell, and by acclamation, the meeting adjourned. (4:30 p.14- RUtti Hociges-Smitti, city L;Ier /Mayoy L. tan ng City of Virginia Beach, Virginia January 15, 1979 b