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HomeMy WebLinkAboutSEPTEMBER 11, 1978 CITY OF VIRGINII BEACI MUNICIPAL CENTER -ra..g"t @sso,t t'ity" VIRGINIA BEACH, VIRGINIA 23456 .MAYOR PATRICK L. STANDING, At L.,g@ CL.ARENCE A. HOLLAND, M.D., B.y,id@ B .... gb VICE MAYOR 1. HENRY M,COY JR., D.D.S., K@.p,@ill, B.,..gh DONALB w. MERRICK, Ly@@h.,@. B.... gb JOHN A. BAUM, B.,..gh MEYERA E. OBERNDORF, At L.,g@ F, REID ERVIN, A/ L.,g, 1. CURTIS PAYNE, P,i.,@,@ A@.@ B.... gb GEORGE R. FERRELL, At L.,g@ ROGER L, RIGGS, Vigi.i. B@.@b 8.... gb BARBARA M. IIENLEY, P..g. B.,..gh A G E N D A RICHARD 1. WEBBON.@ City Cl@,k The City Council of the City of Virginia Beach, Virginia, will assemble in the AdministratiOn Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 11:00 p.m., an Monday, September 11, 1978, for the purpose of conducting public business and will hear and act upon the following items: 1. Call to order by the Honorable Patrick L. Standing, Mayor, in the Council Conference Room. 2. Roll Call of the Council. 3. Motion to recess into Informal Discussion and Executive Session. Tjpon conclusion of the Executive SessiOn, City Council will reconvene in the City Council Chambers. 4. Invocation will be given at 2:00 p.m., by the Reverend Edward A. McLeod, Kings Grant Presbyterian Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. 5. Roll Call of the Council. 6. Minutes of the Regular Meeting of September 5, 1978 to be presented for acceptance and approval. 7. All matters listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no sepa- rate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separtely. a. Letter from the City Manager recommending that City Council approve an ordinance to amend and reordain Chapter 2, Article VIII of the Code of the City of Virginia Beach relating to the Department of Public Welfare. 8. City Council is requested to approve on second reading an ordinance to accept $30,000 from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds. 9. City Council is requested to approve on second reading an ordinance to transfer funds in the amount of $5,310 from General Fund Reserve for Contingencies to Police Depart- ment to provide three additional school guards. 10. City Council is requested to approve on second reading an ordinance to appropriate funds in the amount of $70,000 from General Fund Unappropriated Surplus to the Public Works Department to provide temporary ferry service at the Pungo Ferry Bridge. 11. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Melvin and M. Louise Nobles for a change of zoning from R-8 Residential District to B-2 Community Business District on a .32 acre parcel located at the northeast intersection of Bonney Road and Boggs Avenue (Kempsville Borough). 12. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Carmen M. Gomez for a change of zoning from R-8 Residential District to B-2 Community Business District on a 20.6 acre parcel located on the north side of Kempsville Road, east of Centerville Turnpike (Kempsville Borough). 13. Letter from the City Manager transmitting the recormnendation of the Planning Commission for approval of the application of Coite B. Rudacil for a change of zoning from R-4 Residential District to R-9 Residential Townhouse District on two parcels totalling 8.112 acres, located east of Independence Boulvard and north of Wishart Road (Bayside Borough). 14. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Coite B. Rudacil for a change of zoning from R-4 Residential Distric to R-9 Residential Townhouse District (modified from A-2 Apartment District) on a 2.077 acre parcel located on the north side of Wishart Road, east of Independence Boulevard (Bayside Borough). Deferred from August 7, 1978 15. Letter from the City Manager transmitting the recormnendation of the Planning Commission for approval of the application of Malcolm L. and Leona P. Nock for a change of zoning from R-8 Residential District to B-2 Conmunity Business District on a .61 acre parcel located at the northeast intersection of Pleasure House Road and Hollis Road (Bayside Borough). 16. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Paul Louis Goulet, Sr., for a change of zoning from R-8 Residential District to A-2 Apartment District on a .99 acre parcel located on the north side of Hollis Road, east of Pleasure House Road (Bayside Borough). 17. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of John W. Smith for a change of zoning from H-1 Hotel District to B-2 Community Business District on a 1.08 acre parcel located west of Independence Boulvard, south of Shore Drive (Bayside Borough). 18. Letter from the City Manager transmitting the reconunendation of the Planning Commission for approval of the application of Gilray Land Development Corporation for a change of zoning from R-8 Residential District to 0-1 Office District on a .34 acre parcel located at the northeast intersection of Ansol Lane and Bassett Avenue (Lynnhaven Borough). 19. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Lynnhaven lnlet Fishing Pier Corporation for a Conditional Use Permit for recreational facilities of an outdoor nature (fishing pier) on two parcels, totalling 1.68 acres, located at the northeast and southeast intersections of Ocean Avenue and Starfish Road (Lynnhaven Borough). 20. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Boddie-Noell Enterprises, Inc., for a Conditional Use Permit for a gasoline service station and carwash on a 1.08 acre parcel located at the northwest intersection of Northampton Boulevard and Baker Road (Bayside Borough). 21. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Mr. and Mrs. John T. Stanton, Jr., for a conditional use permit for a home occupation (babysitting) on a 7,500 square foot parcel located on the south side of Cobbleston Drive, east of Kings Arms Drive (Princess Anne Borough). 22. Letter from the City Manager transmitting the reconnnendation of the Planning Commission for approval of an ordinance to amend and reordain the CZO by amending Article 1, Section 102 to establish an R-7A Residential District. 23. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of an ordinance to amend and reordain Article 5, Sections 553 and 573 of the CZO pertaining to Yard Setbacks adjacent to the Atlantic Ocean. 24. Letter from the City Manager recommending that City Council approve a Resolution to adjust grant allocation schedules in Community Development Grant Applications for the third and fourth programs years. 25. Letter from the City Manager recommending that City Council approve the low bid of Basic Construction Company, in the amount of $606,862, for Contract I and the low bid of GAVCO Corporation, in the amount of $116,000, for Contract 11 for Newlight Utility Improvements - Contracts I and II (Kempsville Borough). 26. Old business, deferred from the previous meeting including any report of the Mayor or Committees named by Council. 27. New business, including any presentations by Council Members, Citizens and Organizations. 28. Motion for adjournment. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIR(3INIA BEACH, VIRGINIA September 11, 1978 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, September 11, 1978, at 11:00 a.m. Council Members present: George R. Ferrell, Councilwoman Barbara M. fienley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Merbers absent: John A. Baum, and F. Reid Ervin* ITEM #12685 Mayor Standing entertained a motion to permit Council to conduct an informal meeting to be followed by an executive sessioli for the pur- pose of discussinq the following: 1. Discussion or consideration of enploymen-@, assignipent, appointmeiit, promotion, demotion, salaries, discioline or resignation of public officers, appointees or em?ioyees of any puhlic body. 2. Coiisulta-lion with legal counsel and briefing by staff members, consultants, or attorne@,s pertaining to actual o-- potential litigation, or otlier legal matters within the jurisdiction of the public body. On motion by Councilman Ferrell, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen Georqe R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. lienry McCoy, Jr., Donald l@. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, RC)ger L. Riggs, and Mayor Patrick L. Standing Nays: None P@sent: Councilmen John A. Baum, and F. Reid Ervin Citl, Council voted to proceed into tlie executive session following the informal discussion ITEM #12686 *COUNCILMAN BAUM ENTERED MEETING AT 11:14 a.m. *COUNCILMAN ERVIN ENTERED MEETING AT 11:10 a.m. The City Manager indicated to Council that he wished to discuss the bike paths throughout the City. -@he City Manager stated he would like to expand the bike paths to connect with other recreational facilities throughout the city. The Planning Director indicated on a map the present bike paths and the future bike oaths; and further indicated that the purpose of a regional bikeway plan is that it serves as a basis for federal funding whenever bicycle paths are approved in road projects. The City would like to consider some additional bikeway paths. The City Manager further indicated that the City would like to have Council's input on this matter, such as where they would like to see a bike path or where the@.7 would not like to see bile paths. ITEM #12687 The City Manaqer indicated that the Planning Director would give Council an update on the Comprehensive Plan. Mr. Scott indicated to Council that the City has a detailed accounting of each developing subdivision within the City of Virginia Beach; such as the number of units which are proposed; how many are built; and, how many are yet to be built. Mr. Scott stated that Iiis department has land within the City broken down into three (3) categories: 1. Vacant land 2. Developinq land 3. Already developed land Land which is develooing, such as the Green Run area, but has nol@ as yet been built on is still considered (leveloping land. The whole comprehensive plan emidodies two questions: 1. How do we manage future impacts on our transportation system, school system, etc.; and how do we manage future impacts from presently de- veloping land? It's the transition from one category to another which causes that irnpact to take place. 2. How do we manaqe the transition from vacant to deveioping? The City has found that in most cases that transition follows rezonings. If the City could manaae the rezoning process, effectively, by applying the aoals and policies which will be agreed upon, the City can make that transition occur. The City Manager indicated that in 60 days he will be bringing to Council the Comprehensive Plan ITEM #12688 The City Manager stated that he wished to discuss with Council the Master Street and Highway Plan, and wished to change some to keep the southern part of the City rural. The Planning Director indicated to Council that the Master Street and Highway Plan shows the location and the width of all the major roads in the City. It is the meclianism by which the City acquires rights-of way for these roads. In December of 1974, there were some 35 amendments to the Master Street and llighway Plan, since then there have been four amendments to the plan. In 1975, the City reduced the right-of-way on Laskin Road by Holly POad to the Beach; in April of 1977, the City added an interchange at Indian River Road and Kempsville Road; an interchange at Indian Lake Boulevard, now called Ferrell Parkway; an interchanqe at Salem Road; and realigned Dam Neck Road. In June of 1977, the City reduced the Laskin Road right-of-way up to Oriole Drive; reduced the Pacific Avenue right-of-way from 42nd Street to Rudee Inlet; reduced the Shore Drive right-of-way from Seashore State Park westward. In July of this year, Independence Boulevard was realigned; London Bridge Road was widened to 90-1'eet; and, extended Seaboard Road, north from Princess Anne Road to Harpers Road. 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CD p0 0 H0 0 0:i 0 CL 0 m0 b C' CD0 0 H 0 CDH t4 110 0< b cL >< 0 0 :x (D :3 0 0 tts 0 0 00 00 11 h -0 tz :i co0 CD& CL b H 0 ;j0 0c: (Dr 0 >I <- - 0 CDP ;a P, It<:i z 0:i cL (D p(D .0 CL + 0p CL o0 CL o. CL i 0 9- 0 :3 cu ;j 0(D 0 o 0 CL 0. 0 VQ (D CL CL CD tl3 14 10 CD CD 0 0 CD 0 t4 to to co (D (D (D 0 0 0 CL to 0. 0. C. L. ITEM 412690 The City Manager indicated to Council tliat there was a schedule regarding the payment of line and tap fees based on an individuals income. All of the money would go into the Community Development Fund, and the Community Development Corporation would use this money to expand its grant and capabilities. The City Manager indicated he was presenting a new ordinance to Council that came from the Community Development Committee indicating that those above 80% would pay line and tap fees; and those that are below 80% would pay nothing as it would be a Community Development Block Grant. The City Manager indicated that in connection with this matter, he will be bringing to Council a request from the Community Development Corrmittee for the adoption of a citizen participation plan, which would increase the membership of the Committee from 11 to 23. The City Manager indicated he will be bringing this matter before Council on September 25, 1978 for adoption. ITEM #12691 The City Manaqer indicated that there are two items coming before Council today regarding Corimunity Development; the sewer project in Newlight, and the gravity line low estimate for the pumping station. ITEM #12692 Councilman Merrick indicated that the City Code prohibits crabbing in certain waters such as Chrystal Lake, Rudee Inlet, etc., also the speed limit on Crystal Lake has been reduced to six miles per hour. Councilman Merrick stated he has a proposed ordinance, and would like to have Council hold a ,jublic hearing on September 25, 1978, regarding the ordinance to hear from both the crabbers and skiers. ITEM #12693 Councilman Merrick indicated that at the last informal meetino, he passed out to Council a copy of tlie format for the Planning Comrn-ission, and stated that one thing omitted was the type of report the Board or Commission should forward to Council, and when Council would want to have that report. Councilman Ferrell requested that in the report it should state how many meetinqs the rrembers on the committees attended. ITEM #12694 At 2:15 p.m., City Council reconvened in the Council Cha@ers with the following Members present: John A. Baum, F. Reid Ervin, Georae R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Staiading The invocation was given by tlie Reverend Edward A. McLeo(l, Kinqs Grant Presbyterian Church, followed by the Pledge of Allegiance. ITEM #12695 Mayor Standing introduced Ms. Faith Beach, who will introduce Virginia Beach's own "World Class Champion Free-Style Skier." Ms. Beach stated she wished to invite each Council Member to attend the second annual Neptune Festival Snow Show. It's the largest of its kind in the Southeastern United States. Members of the United States Ski Team will appear; the Free-Style Flying Circus will be appearing; and Allen Showenberg, the 1976 World Ballet -Irophy winner will attend. Ms. Beach introduced the "World Class Cliarqpion Free-Style Skier" who passed out tickets to the Neptune Festival Ski Show to all Council Members. ITEM #12696 On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the minutes of the reqular meeting of September 5, 1978, with a correction, and dispensed with the reading of said minutes inasmuch as each Council Merber had a copy: Item #12658 - should read "The City Manager introduced Doctor Richard Easton to the Council as the new City Physician." ITEM #12697 The following corrections have been corrected in the original minutes of August 21, 1378, and August 28, 1978: Item #12597 - the reason for denial of the application of ceorge C. Hunt for a zoning change from R-5 to R-3 has been inserted in the original minutes of August 21, 1978 Item #1264(A') an item was omitted from the informal section of the minutes regarding an area between 58th and 57th S-Ireets, it has been inserted in the original minutes of August 28, 1978 ITEM #12698 On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following ordinance to amend and reordain Chapter 2, Article VIII of the Code of the Citv of Virginia Beach relating to the DepartEient of Public Welfare: Requested by: Social Services Department AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ARTICLE VIII OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE DEPARTMENT OF PUBLIC WELFARE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 2, Article VIII of the Code of the City of Virginia Beach is &nended as follows: ARTICLE VIII. Department of Social Services. Division 1. Generally Section 2-86. Establislynent; cornposition. There shall be a department of social services which shall consist of the director of social services and such other officdrs and employees organized in such bureaus, divisions and other units as may be pro- vided by this code or other ordinances of the city on the orders of the director consistent therewith. Delete Section 2-87 Section 2-88. Powers and duties generally of director of social services. Subject to the laws of the state relating to public assistance, the director of social services shall have general management and control of the several @ureaus, divisions and other units of the department of social services, including the makingof rules and regulations, consistent with the Charter and the ordinances of the city, for the conduct of its business. Delete Section 2-89 Section 2-90. Authorizing agent of city for determination of eligibility of person for hospitalization at public expense. Pursuant to the provisions of section 63.1-139, Codp of Virginia. the director of social services or the person acting for the director in the director's absence is hereby des!gnated and appointed the authorizing agent of the city to determine the eligibility of persons for hospitalization to be furnished wholly or in part at public expense and said authorizing agent is hereby empowered to carry out the provisions of Chapter 7 of Title 63.1 of the Code of Virginia which Chapter pertains to the hospitalization and treatment of indigent persons. Division 2. Social Services Advisory Board. Section 2-91. Creation; compostion; appointment and tertn of members. There is hereby created a social services advisory board for the city which said board shall co sist of five members serving ered terms. The members of the board shall be appointed by the city council for tertns of four years each. ntments shall be made on the first Jul positions that teminated at the ena of the prior year. Section 2-92. Vacancies. Any vacancy on the social services advisory board shall be filled by the council for the unexpired term. Section 2-93. Meetings. The social services advisory board shall meet at such times as callpH b t dire tor social services or on petition of one-half of its members. Section 2-94. Chairman and vice-chairman; quorum. The social services advisory board shall elect its own chairman. The board shall elect its own vice-chairman should it deem such necessary. A majority of the board present shall constitute a quorum for the transaction of business. Section 2-95. Duties. The powers and duties of the advisior board shall be as enumerated under Section 63.1-43.1 of the Code of Virginia. Adopted by the Council of the City of virginia Beach, Virginia, on the 11 day of September 1978 RHM: kg APPRO @,ONTINTI 8/25/78 rT RE APPROVE@A@ TO FO" CITY ATTORNEY ITEM #12699 On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Mel,era E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve o-n second reading the following ordinance to accept $30,000 from the Southeastern virqinia Area Manpower Authority and to appropriate these funds: AN ORDINANCE TO ACCEPT $30,000 FROM THE SOUTHEASTERN TIDEWATER AREA M&NPOWER AUTHORITY AND TO APPROPRIATE THESE FUNDS WHEREAS, the City Council, on March 7, 1977, approved $34,173 in initial funding for the City's current Title II Eaiployment Program under the Comprehensive Employment and Training Act of 1973 (CETA), and WHEREAS, the City Council, on June 13, 1977, approved $584,335 in additional funding, of which only $530,926 was actually appropriated, due to a reduction of available funds by the Department of Labor, and WHEREAS, the City Council, on July 3, 1978, approved $12,712 in additional funding, and WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA) has now approved $30,000 in additional funding, which the City wishes to accept. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINT,A BEACH, VIRGINTA: That the City Manager is hereby authorized to accept the grant for the City, and funds are hereby appropriated for the following purpose: Estimated Revenue Total From Other Agencies Appropriations CETA - Title 11 000 000 BE IT FURTHE.P, ORDAINED that the appropriations will be financed 100% by federal tunds from ST@IA, with no local match required. FIRST READING: -September 5, 1978 SECOND READING: September 11, 1978 Adopted by tlie Council of the City ot Virginia Beach on the 11 day of September -1 1978. ITEM #12700 On motion by Councilman Ferrell, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilrnen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. lienley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: IZone City Council voted to approve on second reading the following ordinance to transfer funds in the amount of $5,310 from General Fund Reserve for Contingencies to Police Department to provide three additional school guards: AN ORDINANCE TO TRANSFER FUNDS FROM GENERAL FUND RESERVE FOR CONTINGENCIES TO POLICE DEPARNENT TO PROVIDE 3 (THREE) ADDITIONAL SCHOOL GUARDS WHEREAS, the Superintendent of Schools has indicated a need for additional school guards or extension of employment hours for guards at Kellam High, Brandon Junior, John B. Dey Elementary, Frank W. Cox High and white Oaks Elementary Schools, and WHEREAS, staff of the police department have concluded that the additional services can be performed by the employment of 3 (three) additional guards to supplement the present personnel complement, and, WHEREAS, these positions were not included in the fiscal year 1979 budget, NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII that $5,310 be transferred from General Fund Reserve for Contingencies to the Police Department for the employment of 3 (three) additional scliool guards for 1978-79 school year. Adopted by tlie Council of the City of Virginia Beacil on 11 day of Sel)tcmber 1 1978. ITEM #12701 On motion by Councilman Baum, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilinen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve on second reading the following ordinance to appropriate funds in the amount of $70,000 from General Fund Unapprop- riated Surplus to the Public Works Department to provide temporary ferry service at the Pungo Ferry Bridge: AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE TEMPORARY FERRY SERVICE AT THE PUNGO FERRY BRIDGE WHEREAS, as a result of a barge collision with the Pungo Ferry Bridge on August 21, 1978, the bridge has been closed to vehicu- lar and pedestrian traffic, and WHEREAS, it is considered necessary to provide ferry service for the river crossing, and the City does not possess the in-house cqpability of providing this service, and WHEREAS, Keystone-Richmond, Inc. has offered to operate ferry service crossing at this location for $2,250 per day plus insurance costs, and WHEREAS, it is estimated that the repairs will be completed within thirty days and City Council desires the ferry services for that period, NOW, THMFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager be authorized to enter into a contract with Keystone-Richmond, Inc., and that funds in the amount of $70,000 be appropriated from General Fund Unappropriated Surplus to the Public Works Department. First Reading September 5, 1978 Second Reading September 11, 1978 Adopted by the Council of the City of Virginia Beach on the 11 day of Septeriber 1978. TTEM #12702 Petition of Melvin and M. Louise Nobles for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located at the Northeast intersection of Bonney Road and Boggs Avenue, running a distance of 120.78 feet along the North side of Bonney Road, running a distance of 109.6 feet along the Eastern property line, running a distance of 120 feet along the Northern property line and running a distance of 123.4 feet along the East side of Boggs Avenue. Said parcel contains .32 acre. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 8 for the motion, 2 against and I abstention to approve this request with a modification to 0-1 Office District 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 Boggs Avenue; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 4. An escrow covering the cost of pavement widening, curb and gutter, sidewalk, and drainage facilities along Bonney Road will be required. Ms. Linda J. Duggan, Attoriiey, represented the petitioner The following appeared in opposition: Mr. William P. Harding Mrs. Agnes Shrum Mrs. Ria Perry Vice Mayor McCoy made a motion, seconded by Councilwoman Oberndorf, to deny the above petition of Melvin and M. Louise Nobles for a zoniliq change froin R-8 to 0-1 (modified from B-2) as it was felt that the rezoning was premature at this time. The recorded vote is as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Rogor L. Riggs, and Mayor Patrick L. Standing Nays: Councilman John A. Baum Absent: None City Council voted to deny the above petition of Melvin and M. Louise Nobles for a Cliancie of -oning District Classification fron R-3 Resi- dential District @o 0-1 Office District (mo ified from B-2 Communit@,- Business District) on certain property located at the l@Tortlieast inter- section of Bonncy Road and Boggs Avenue, running a distance of 120.78 feet along tlie @4ortli side of Bonney Road, running a distanco of 109.6 f(-,et along tlio Easte-rn property line, running a distance of 120 fcat along thc Northern property line and running a distance of 123.4 foot along thc East sido of Boggs Avenue. Said parcel contains .32 acros. Kempsville Borough. Tlie petition was denied as it %.las @elt that the rezoning was premat ITEM #12703 An Ordinance upon Application of Carmen M. Gomez for a Change of Zoning District Classification from R-8 Residential District to B-2 Community- Business District n@certain property located on the North side of Kemp- sville Road beginning at a point 200 feet East of Centerville Turnpike, running a distance of 515.76 feet along the North side of Kempsville Road, running a distance of 78Q.32 feet in a Northwesterly direction, running a distance of 56.43 feet in a Northeasterly direction, running a distance of 720.17 feet in a Northwesterly direction, running a distance of 404.06 feet in a Northeasterly direction, running a distance of 1098.48 feet in a Northwesterly direction, running a distance of 2500 feet more or less in a Southeasterly direction, running a distance of 180 feet in a Northeasterly direction and running a distance of 300 feet more or less in a Southerly direction. Said parcel is irregular in shape and contains 20.6 acres. KEMPSVILLE 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: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Participation in the cost associated with the installation of traffic signals on Centerville Turnpike at the main entrance to this site. 4. Right-of-way improvements along Kempsville Road are to be escrowed. 5. An a.dequate on-site and downstream drainage system will be required. And further subject to the following condition prior the the change on the official zoning map: 1. A dedication of right-of-way 30 feet from the centerline of the existing 30 foot right-of-way and a reservation of an additional 15 feet along the 515.76 foot frontage on Kempsville Road (a 15-foot dedication and a 15-foot reservation). 2. A dedication of right-of-way 30 feet from the centerline of the existing 30 foot right-of-way and a reservation of an additional 25 feet along the 2500 foot frontage on Centerville Turnpike (a 15-foot dedication and a 25 foot reservation). Very truly yours, R. Dean Lee Chairman RDL/Igw Mr. Grover C. '@@right, Jr., Attorney, represented the oetitioner Mr. Monty Knight, Attorney, also appeared in favor of the petition Councilman Ferrell made a motion, seconded by Vice Mayor McCoy, to approve the above petition of Carrien M. Gomez for a zoning chanqe frop, R-8 to B-2. The recorded vote is as follows: Ayes: Councilmen Johii A. Baum, George R. Ferrell, Councilworian Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing @;ays: None Abstain: Councilman F. Reid Ervin Absent: None City Council voted to approve the following ordinance upon petition of Carmen M. Gomez for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business istrict- ORDINANCE UPON PETITION OF CARME-N M. GOMEZ FOR A Z0978375 CHANGE OF -IONING DISTRICT CLASSIFICATION FROM R-8 Residential District to B-2 Community-Business District BE IT ORDAINED BY THE COUNCIL OF T'.'E CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Carmen M. Gomez for a Change of @oning District Classifi- cation from R-8 Residential District to B-2 Corimunity-Bu iiiess District on certain property located on the !4orth side of Kempsville Road beginn- ing at a point 200 feet East of Cen-lerville Turnpike, running a distance of 515.76 feet along the North side of Kempsville Road, running a distance of 780.32 feet in a Northwesterly direction, runninq a distance of 56.43 in a Northeasterly direction, running a distance of 720.17 feet in a k@orthwesterly direction, running a distance of 404.06 feet in a 1,7orth- easterly direction, running a distance of 1098.48 feet in a Northwesterly direction, running a distance of 2500 feet more or less in a Southeasterly direction, running a distance of 180 feet in a Northeasterly direction and running a distance of 300 feet more or less in a southerly direction. Said parcel is irregular in shape and contains 20.6 acres. Kempsville Borougli. Approval of this request is subject to the fo'-lowing 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. Participation in the cost associated with the installation of traffic signals on Centerville -lurnpike at the main entrance to this site. 4. Right-of-way improvements along Keinpsville Road are to be escrowed. 5. An adequate on-site downstream drainage system will be requi-red. And further subject to the followinq conditions prior to the chanqe on the official zoning nap: 1. A dedication of riaht-of-way 30 feet from "he center- line of the existing 30 foot right-of-way and a reservation of an additional 15 feet along the 515.76 foot frontage on Kempsville Road (a 15-foot dedication and a 15-foot reservation). 2. A dedication of right-of-way 30 feet froin the centerline of the existing 30 foot right-of-way and a reservation of an additional 25 feet alonq the 2500 foot frontace on Centerville Turnpike (a 15-foot dedication and a 25-foot reservation). 3. Routine widening alona Centerville Turnpike, as well as curb and guttering. This ordinance sliall be effective upon date of adoption. Adol)ted by tlie Council of the City of Virginia Beach, Virainia, on the 11 day of September, 1978. ITEM #12704 An Ordinance upon Application of Coite B. Rudacil for a Change of Zoning. District Classification from R-4 Residential District to R-9 Residential Townhouse District of-parcels located West of Independence Boulevard and North of Wishart Road. Parcel 1: L6cated 500 feet- @ore or less East of Independence Bouievard beginning at a point 480 feet more or less North of Wishart Road, running a distance of 264 feet in a Northerly direction, running a distance of 205.23 feet in a Westerly direction, running a distance of 625.01 feet in a Northerly direction, running a distance of 200 feet in an Easterly direc- tion, running a distance of 396 feet in a Southerly direction, running a distance of 330 feet in an Easterly direction, running a distance of 159.72 feet in a Southerly direction, running a distance of 63.26 feet in a Westerly direction, running a distance of 271.91 feet in a Southerly direction, running a distance of 159.96 feet in a Westerly direction, running a distance of 63.79 feet in a Southerly direction and running a distance of 131.68 feet in a Westerly direction. Parcel 2: Located 520 feet more or less East of Independence Boulevard Fegin-ning at a point 1510 feet more or less North of Wishart Road, running a distance of 309.74 feet in a Northerly direction, running a distance of 252.87 feet in a Easterly direction, running a distance of 77 feet in a Northerly direction, running a distance of 150.24 feet in an Easterly direction, running a distance of 211.90 feet in a Southerly direction, running a distance of 331.98 feet in a Westerly direction, running a distance of 62 feet in a Southerly direction and running a distance of 141.90 feet in a Westerly direction. Said parcels are irregular in shape and contain 8.112 acres. BAYSIDE 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 Subdivision Ordinance. 2. City water and sewer. Gravity sewer and pump station will be required. 3. Access to this site must be provided through standard public rights- of-way. 4. Extensive downstream drainage improvements will be necessary with development of this site. The necessary downstream drainage improve- ments and easements to a suitable point of outfall will be required. Very truly yours, R. Dean Lee Chairman RDL/Igw Mr. H. Calvin Spain, @,ttorney, reires@i@-- d tiic petit-ioncr The following appeared in opposition: Mr. Robert D. Ruffin Mrs. June Myers Captain Terry Baker Mr. Martin Pellino Mrs. Mary E. Smitla Mrs. Marion Eure After considerable discussion, Councilinan Holland made a motion, seconded by Councilman Ferrell, to defer for two weeks the above application of Coite B. Rudacil for a zoning change from R-4 to R-9. A substitute motion was made by Councilman Ervin, seconded by Councilwoman Oberndorf, to deny the above application of Coite B. Rudacil for a zoning change from R-4 to R-9. The recorded vote on the substitute motion is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: Councilmen George R. Ferrell, anO Clarence A. Holland Absent: lqone The substitute motion carried, therefore, City Council voted to deny the above petition of Coite B. Rudacil for a Change of Zoninq District Classification from R-4 Residential District to R-9 Residential Town- house District on parcels located West of Independence Boulevard and l@orth of Wishart Road. Parcel 1: Located 500 feet more or less East of Independence Boulevard beginning at a point 480 feet more or less North of Wishart Road, runn- ing a distance of 264 feet in a l@ortherly direction, running a distance of 205.23 feet in a Westerly direction, runnina a distance of 625.01 feet in a Northerly direction, running a distance of 200 feet in a East- erly direction, runninq a distance of 396 feet in a Southerlv direction, running a distance of j3O feet in an Easterly direction, running a dis- tance of 159.72 feet in a Southerly direction, running a distance of 63.26 feet in a westerly direction, running a distance of 271.91 feet in a Southerly direction, running a distance of 159.96 feet in a West- erly direction, running a distance of 63.79 @leet in a Southerly di- rection and running a distance of 131.68 feet in a Westerly direction. Parcel 2: Located 520 feet more or less East of Independence Boulevard beginn ng at a point 1510 feet more or less North of Wishart Road, runn- ing a distance of 309.74 feet in a Northerly direction, running a distance of 252.87 feet in a Easterly direction, running a distance of 77 feet in a Northerly direction, running a distance of 150.24 feet in an Easterly di- rection, running a distance of 211.90 feet in a Southerly direction, running a distance of 331.98 feet in a Westerly direction, runninq a dis- tance of 62 feet in a Southerly direction and running a distance of 141.90 feet in a Westerly direction. Said parcels are irregular in shape and contain 8.112 acres. Bayside Borough. The petition was denied due to the opposition of the residents as they felt that the zoning change would deteriorate their property and wolild not lead to uniform development of the area. ITEM #12705 Petition of Coite B. Rudacil and Robert C. Sewell for a Change of Zoning District Classification from R-4 Residential District to A-2 Apartment District on certain property located on the North side of Wishart Road beginning,at a point 420 feet more or less East of Independence Boulevard, running a distance of 291.30 feet along the North side of Wishart Road, running a distance of 77.75 feet in a Northerly direction, running a distance of 70.80 feet in a Northwesterly direction, running a distance of 101.45 feet in an Easterly direction, running a distance of 150 feet in a Northerly direction, running a distance of 39.20 feet in a Northwesterly direction, running a distance of 120.60 feet in a Northeasterly direction, running a distance of 159.96 feet along the Northern property line and running a distance of 600.71 feet along the Western property line. Said parcel contains 2.077 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 with a modification to R-9 Residential District, subject to the following conditions: In conjunction with the intended use of the land, the following conditions will be met: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer will be required at the time of site plan review. 3. A sewage pump station is required. 4. Right-of-way improvements are necc@ssar', along Wishart Road, which includes pavement widenina, curb and glit@er, sidewalk, and drainage facilities. 5. The necessary do1/2%,n,,'Gr-,all! cascifiF-,,,its will be required. Prior to the change of @'he offici;)-i follo,,,,,ing condition will be met: 1. A dedication of right-rf-@,@IY 3',-' F,-@-t cer;terline of the existing 30 foot ricfi*@-o@--@,,-.y .Ir)n,, iihf, @t)ot frontage on Wishart Road (a 15 fu(,L i yotirs RDL/Igw -orti(ly, rCI)rusul P(--titioner The following appeared in OPPOsition: Mr. Robert D. Ruffi, Mrs. June lIyers Captain Terry Baker Mr. Martin Pellino Mrs. Mary E. Smith Mrs. Iliarion Eure After considerable discussion, Counciiran Holland made a seconded by Councilman Ferrell, motion, application of to defer for two weeks the above COite B. Rudacil and Robert C. Sewell for a zoning change from R-4 to R-9 (modified from., A-2). P@ substitute motion was made by Councilman Ervin, seconded by Councilwoman Oberndorf, to deny the above aqplication of Coite B. Rudacil and Robert C. Sewell for a zonina change R-' to R-9 (Plodified from A-2). The recorded vote on @he substit'ute motion is as follows: AYes: Councilmen John A. Baum, F. Reid E--vin, Councilwom,, Barbara M. Ifenley, Vice Mayor J. HenrY McCoy, Jr., Donald lq. Merrick, Council- Woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riqgs, and Mayor Patrick L. Standing liays: Councilmen Georc-,e R. Ferrell, and Clarence A. Holland AbSent: None The substitute motion carried, therefore, City Council vo ted to deny the above petition of Coite B. Rudacil and Robert C. Sewell for a Classification from R-4 Residential Dis- ied from A-2 Apartment Dis- located on the North side of Wishart Road eet more or less East of Independence Boul- of 291.30 feet along the North side of Wishart f 77.75 feet in a Northerly direction, running n a Northwesterly direc-,ion, running a distance as erly direction, running a distance of 150 feet in a Northerly diiect,.on, running a distance of 39.20 feet in a North- westerly direction, running a distance of 120.60 feet in a Northeasterly direction, running a distance of 159.96 feet along the Izorthern property line and running a distance of 600.71 feet along the Western property line. Said parcel contains 2.077 acres. Bayside Borough. The petition was denied due to the opposition of the residents in the area as they felt that the zonin(i change would deteriora-e their property and would not lead to uniform development of the area. ITEM #12706 An Ordinance upon Application of Malcolm L. and Leona P. Nock for a Change of Zoninq District Classification from R-8 Residential District o -2 Community-business- tain property located at the Northeast intersection of Pleasure House Road and Hollis Road, running a distance of 150 feet along the North side of Hollis Road, running a distance of 180 feet along the Eastern property line, running a distance of 150 feet along the Northern property line and running a distance of 180 feet along the East side of Pleasure House Road. Said parcel contains .61 acre. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 9 for the motion and I abstention 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 both Pleasure House Road and Hollis Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. And further subject to the following condition prior to the change on the official zoning map: 1. A dedication of right-of-way 25 feet from the centerline of the existing 30 foot right-of-way along the 150 foot frontage on Hollis Road (a 10-foot dedication). Mr. Grover C. wright, Jr., Attorney, represented the petitioner Councilman Holland made a motion, seconded by Councilman Ferrell, to approve the above petition of Malcolm L. and Leona P. Nock for a Chaiige of Zoning District Classification from R-8 Residential District to B-2 Community-Business Distric-t. The recorded vote is as follows: Ayes: Councilrien John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Ilolland, Vice Mayor J. Ilenry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Malcolm L. and Leona P. Nock for a Change of Z6ning District Classification from R-8 Residential District to B-2 Community-Business District: ORDINANCE UPON PETITION OF MALCOLM L. AND LEONA zo978376 P. NOCK FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION FROM R-8 Residential District to B-2 Community-Business District BE IT ORDAIIIED BY TIIE COUNCIL OF THE CITY OF VIRGIIIIIA BEACII, VIRGINIA, that: Petition of Malcolm L. and Leona P. lock for a Chanqe of Zoning District Classification from R-8 Resi@ential Distric@ to B@2 Community- ]3usiness District on certain property located at the Northeast inter- section of Pleasure House Road and Hollis Road, running a distance of 150 feet along the North side of Kollis Road, running a distance of 180 feet alonq the Eastern property line, running a distance of 150 feet along the Northern property line and runninq a distance of 180 feet along the East side of Pleasure House Road. said parcel contains .61 acre. Bayside Borough. Approval of this request is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary along both Pleasure House Road and Hollis Road; this includes pave- ment widening, curb and gutter, sidewalk, and drainage facilities. And further subject to the following condition prior to the change on the official zoning map: 1. A dedication of riaht-of-way 25 feet from the center- line of the existing 30 foot right-of-way along the 150 foot frontage on Hollis Road (a 10-foot dedication). This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of September , 1978. ITEM @@12719 On motion by Councilman @lerrick, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Ilenry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent; None City Council voted to hold a public hearing on Monday, September 2@l, 1978, at 7:00 p.m., regarding the Crabbing ordinance. ITEM #12720 Councilman Ferrell nominated Mr. Thomas liolland to the Virginia Beach Wetlands Board for a term of five (5) years. Councilman Ervin nominated Mr. E. T. Buchanan to the Virginia Beach Wetlands Board for a term of five (5) years. on motion by Councilman Merrick, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent; None City Council voted to close the nominations. ITEM #12720(a) TliE FOLLOWING COUNCIL MEMBERS VOTED FOR MR. THOMAS HOLLAND: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing THE FOLLOWING COUNCIL MEMBERS VOTED FOR MR. E. T. BUCHANAN: Councilman F. Reid Ervin, Councilwoman Barbara M. Henley, Councilman Donald W. Merrick, and Councilwoman Meyera E. Oberndorf Absent: None City Council voted to reappoint Mr. Thomas Holland to the Virginia Beach Wetlands Board for a term of five (5) years, beginning September 18, 1978, and terminating September 17, 1983. ITEM #12721 On motion by Councilman Riggs, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Bauin, F. Reid Ervin, George R. Ferrell, Councilwoi.qan Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Ilenry McCoy, Jr., Donald W. Merrick, Councilwornan Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to reappoint Mr. Reeves E. Johnson to the Virginia Beach Highway Safety Commission for a term of three (3) years, beginnin@ October 1, 1978 and terminating Septe@er 30, 1981. ITEM 412722 On motion by Councilman Ervin, seconded by councilman Holland, and by unanimous vote, the meeting adjourned at 5:30 p.m- @ha City of Virginia Beach, Virginia Septer,iber 11, 1978 h ITEIA #12707 An Ordinance upon Application of Paul Louis Goulet, Sr., for a @n e pf Zoninq District Classification from R-8 Residential District to A-2 Apart- ment bistrict on certaiinn pprrooppeeirty located on the North side of Hollis Road beginning at a point 150 feet East of Pleasure House Road, running a distance of 240 feet along the North side of Hollis Road, running a distance of 180 feet along the Eastern property line, running a distance of 240 feet along the Northern property line and running a distance of 180 feet along the Western property line. Said parcel contains .99 acre. BAYSIDE BOROUGH. Planning Comission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 9 for the motion and 1 abstention 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 on Hollis Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. And further subject to the following condition prior to the change on the official zoning map: A dedication of right-of-way 25 feet from the centerline of the existing 30 foot right-of-way along the 240 foot frontage on Hollis Road (a 10-foot dedication). Mr. Grover C. Wright, Jr. , At-@orney, represented the petitioner Councilman liolland mado a riotioia, seconded by Councilmaii Ferrell, to approve the above petition of Paul Louis Goulet, Sr. , for a Change of Zoning D strict Classification from R-8 Residential District A-2 Apa rt.a nt District. The recorded vote is as follows: Ayes: Councilmeii Jolin A. Baurti, F. Peid Ervin, George R. Ferroll, Councilwonan Barbara M. Ilenley, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr., Doiiald @@. Merricl,:, Councilworian Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: 14one City Council voted to approve the following ordinance upon Detitioil of Paul Louis Goulet, Sr., for a Change of Zonina District @lassifi- cation from R-8 Residential District to A-2 Apar@men District- ORDINANCE UPON PETITION OF PAUL LOUIS GOULET, SR., Z0978377 FOR A CHATIGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 Residential District to A-2 Apartment District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Paul Louis Goulet, Sr., for a Chanqe of Zoninq District Classification from R-8 Residential District t@ A- Apar n rict on certain property located on the North side of Hollis Road beqinning at a point 150 feet East of Pleasure House Road, running a distance of 240 feet along the North side of Hollis Road, running a distance of 180 feet alona the Eastern property line, running a dis- tance of 240 feet along the Northern propertN7 line and running a dis- tance of 180 feet along the Western property line. Said parcel contains .99 acre. Bayside Borough. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. S-landard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary on Hollis Road; this includes paverient wideninq, curb and gutter, sidewalk, and drainage facilities. And further subject to the following condition prior to the change on the official zoning map: 1. A dedication of riaht-of-way 25 feet from the center- line of the existing 30 foot right of way along the 240 foot frontage on Hollis Road (a 10-foot dedication). This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of eptember , 1978. ITEM #12708 An Ordinance upon Application of John W. Smith for a Chanqe of Zoning District Classification from H-1 Hotel District to B-2 Commu@ity-Bu siness ,strict on certain property located 180 feet more or less South of Shore Drive beginning at a point 360 feet more or less West of Independence Boulevard, running a distance of 186 feet in a Westerly direction, running a distance of 88 feet in a Southerly direction, running a distance of 150 feet in a Westerly direction, running a distance of 93 feet along the Western property line, running a distance of 341 feet along the Southern property line and running a distance of 177 feet along the Eastern property line. Said parcel contains 1.08 acres. BAYSIDE 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. Adequate access to this site is to be provided with development. Mr. @4. Timothy Ricks represented tlie petitioner Councilman Holland made a motion, seconded by Councilman Riags, to approve the above petition of John @,7. Srnith for a zoning change from H-1 to B-2. The rocorded vote is as folloi@7s: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara @l. lienley, Clarence A. Ilolland, Vice Mayor J. Henry McCoy, Jr., Couiicilwoman '4eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patricl@ L. Standing Nays: rlone Absent: None Cit,, Council voted to adopt the following ordinance upon petition .f John ;I. Smith for a Change of Zoning District Classification from H-1 liotol District o B-2 ct: ORDINANCE UP014 PETITIO14 OF JOIIN W. SMITH FOR A Z0978378 CHAjiGE OF ZONING DISTRICT CLASSIFICATION FROM li-1 Hotel District to B-2 CoTnmunity-Business District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIIQIA BEACH, VIRGINIA, tliat: Petition of John W. Smith for a Change of Zoninq District Classifi- cation fropi H-1 liotel District t . B_2 Community-Business Dis rict on certain property located 180 feet more or less South of Shore Drive beginning at a point 360 feet more or less @Vest of Independence Boulevard, running a distance of 186 feet in a Westerly direction, running a distance of 88 feet in a Southerll, direction, runninq a dis- tance of 150 feet in a @-4esterly direction, running a distance of 93 feet along the @lestern property lin(-, runninq a distance of 341 feet along the Southern property line and runninq a distance of 177 feet along the Eastern property line. Said parcel contains 1.08 acres. Bayside Borougli. Approval is subject to the following conditions in conjunction @,,ith tli,-- intendod use of the land: 1. Standard improvements as required by the Site Plan Ordinaiice. 2. City water and scwer. 3. Adequate access to tliis site is to be ',Drovi,.'@ed with devcloi)ment. This ordinance sliall be effective upon date of adoption. ITEM #12709 An Ordinance upon Application of Gilray Land Development Corp., for a Ilan8fef@l IgonitnrgicDi strict Cla,,ification from R-8 Residential District to O_T 'c' _T . T on c, rtl in property located at the Northeast intersec- tion of Ansol Lane and Bassett Avenue, running a distance of 150 feet along the North side of Ansol Lane, running a distance of 100 feet along the Eastern property line, running a distance of 150 feet along the Northern property line and running a distance of 100 feet along the East side of Bassett Avenue. Said parcel contains .34 acre. LYNNHAVEN 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 on both Ansol Lane and Bassett Avenue; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. Mr. James Evans, Attorney, represen,@ed the petitioner Tlie following appeared in opposition: Mrs. Gwen IJood Mr. B. M. Jarman Councilman Merrick i(iade a motion, seconded by CouncilwoTpan Oberndorf, to deny tlie above potitibh of Gilray Land Developm-ent Corporation, for a zoning change from R-8 to 0-1, as the rezoning request is prematurc at this time. -@lie recorded vote is as foilows: Ayes: Councilmen Jolin A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry @IcCoy, Jr., Donald W. @llerrick, Councilwoman Meyera E. Oberndorf, J. Curtis Pavne, Ro(j(--r L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: tione City Council voted to deny the above petition of Gilray Land Dcvelop- ment Corl)oration for a Cliancre of Zoninq District Classification from R-8 ResiOcntial Distric t to-o-' Offl ce Dlstrlc@ 0 n ce anj,,,,,crty -i f d p Avenue, locate(i at tllc, !4ortlic, st l@,ter@ecton Ansol Lae an _.." 2tt running a distance of 150 feet alono the North side of Ansol Lane, running a distaiice of 100 feet along the Eastern property Iiiio, runn- iiig a distancc of 150 fcet along the 14ortliern property line, running a distance of 100 foet aloiig the East side of Bassett Avoilue. Said parcel coritains .34 acro. Lynnhaven Borouqh. Tliis petition %,iis (7tonied as it was felt that the rezoning was I)rematura at tlie 'present time. ITEM #12710 An Ordinance upon Application of Lynnhaven Inlet Fishing Pier Corporation for a Conditional Use Permit for recreational facilities of an outdoor nature (fishing pier) on parcels located at the Southeast and Northeast intersections of Ocean Avenue and Starfish Road. Parcel I : Beginning at the Southeast intersection of Ocean Avenue and Starfi@h Road, running a distance of 150 feet along the South side of Ocean Avenue, running a distance of 150 feet along the Eastern property line, running a distance of 150 feet along the Southern property line and running a distance of 150 feet along the East side of Starfish Road. Parcel 2: Beginning at the Northeast intersection of Ocean Avenue and Starfi@h Road, running a distance of 140 feet along the North side of Ocean Avenue, running a distance of 364.06 feet along the Eastern property line, running a distance of 140.60 feet along the Northern property line and running a distance of 381.10 feet along the Western property line. Said parcels contain 1.68 acres. LYNNHAVEN 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 when available. 3. Public restrooms are to be provided. 4. Right-of-way improvements will be necessary along both Ocean Avenue and Starfish Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 5. The proposed bulkhead is to be located as determined by the City Engineer's Office. Very truly yours, R. Dean Lee Chairman RDL/Igw Mr. H. Calviii Spaiii, iiLLorney, re,,)resurl -ud tli appiicant Councilman Merrick made a motion, seconded by Councilman Riags, to approve the above application of Lynnhaven Inlet Fishing Pier Cor- poration for a use permit for recreational facilities of an outdoor nature (fishing pier). The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. tiolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to adopt the following resolution upon application of Lynnhaven Inlet Fishing Pier Corporation for a Conditional Use Permit for recreational facilities of an outdoor nature (fishing pier) on parcels located at the Southeast and Northeast intersections of Ocean Avenue and Starfish Road: RESOLUTION UPON APPLICATION OF LYNNHAVEN INLET R0978210 FISHING PIER CORPORATION FOR A CONDITIOI,@'AL USE PERMIT FOR recreational facilities of an outdoor nature (fishing pier) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGI14IA BEACH, VIRGINIA, that: Application of Lynnhaven Inlet Fishing Pier Corporation for a Con- ditional Use Permit for recreational facilities of an outdoor @ature (fishing pier) on parcels located at the Southeast and Northeast intersections of Ocean Avenue and Starfish Road. Parcel i: Beginning at the Southeast intersection of Ocean Avenue and Starfish Road, running a distance of 150 feet along the South side of Ocean Avenue, running a distance of 150 feet along the East- ern property line, runniftg a distance of 150 feet along the Southern property line and ruianing a distance of 150 feet along the East side of Starfish Road. Parcel 2: Beginning at the Northeast intersection of Ocean Avenue and Starfish Road, running a distance of 140 feet along the North side of Ocean Avenue, running a distance of 364.06 feet along the Eastern property line, running a distance of 140.60 feet along the !4orthern @roperty line and running a distance of 381.10 feet along the Western property line. 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 when available 3. Public restrooms are to be provided. 4. Right-of-way improvements will be necessary along both Ocean Avenue and Starfish Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 5. The proposed bulkhead is to be located as determined by the City Engineer's Office. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of September, 1978 ITEM #12711 An Ordinance upon Application of Boddie-Noell Enterprises, Inc., for a Conditional Use Permit for a gasoline service station and carwash on certain property located at the Northwest intersection of Northampton Boulevard and Baker Road, running a distance of 200 feet along the West side of Baker Road, running a distance of 300 feet along the Northern property line, running a distance of 175 feet along the Western property line and running a distance of 175 feet along the North side of Northampton Boulevard. Said parcel contains 1.08 acres. BAYSIDE 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. Public restrooms are to be provided. 4. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 5. Two curb cuts are to be allowed on Northampton Boulevard, provided each is a maximum of 24 feet in width and marked appropriately for in- only and out-only traffic. 6. One curb cut with a maximum width of 35 feet is to be allowed on Baker Road. 7. No water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 8. Parking at a ratio of 3 spaces for each car wash space within the facility. 9. Right-of-way improvements will be necessary on both Northampton Boul- evard ahd Baker Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 10. An adequate on-site and downstream drainage system will be required with development. Very truly yours, R. Chairman RDL/Igw Mr. Grover C. Wright, Jr., Attorney, represented the applicant. Councilman Holland made a motion, seconded by Councilman Baum, to approve the above application of Boddie-Noell Enterprises, Inc., for a use permit for a gasoline service station and carwash. The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman I-le,7era E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: iione City Council voted to adopt the following resolution upon application of Boddie-14oell Enterprises, Inc., for a Conditional Use Permit for a gasoline service station and carwash: RESOLUTION UPON APPLICATION OF BODDIE-NOELL ENTER- R0978211 PRISE, INC., FOR A CONDI-IIONAL USE PEP14IT for a gasoline service station and carwash. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA, that: Application of Boddie-Noell Enterprises, Inc., for a Conditional Use Permit for a gasoline service station and car wash on certain property located at the Northwest intersection of Northampton Boulevard and Baker Road, running a distance ol- 200 feet along the West side of Baker Road, running a distance of 300 feet along the @lorthern property line, running a distance of 175 feet along the Western property line and runn-- ing a distance of 175 feet along the North side of Northampton Boulevard. Said parcel contains 1.08 acres. Bayside Borough. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Public restrooms are to be provided. 4. Compliance with Article 2, Section 224 of the Com- prehensive Zoning Ordinance pertaining to Automobile Service Stations. 5. Two curb cuts are to be allowed on Northampton Boulevard, provided each is a maximum of 24 feet in width and marked appropriately for in-only and out-only traffic. 6. One curb cut with a maximum width of 35 feet is to be allowed on Baker Road. 7. No water produced by activities on the zonod lot shall be permitted to fall upon or drain across public streets sidewalks or adjacent properties without the perlnission of the property owner or tlie City of Virginia Beach. 8. Parking at a ratio of 3 spaces for each Car wash sdace within the facility. 9. Right-of-way improvements will be necessary on both Northampton Boulevard and Baker Road; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 10. An adequate on site and downstreain drainage system will be required witli development This resolution shall be effective upon date of adoption. Adopted by the Council o!-- the City of Virginia Beach, Virginia, on the 11 day of Septernber, 1978. ITEM #12712 An Ordinance upon Application of Mr. and Mrs. John T. Stanton, Jr., for a Co me occupation (babysitting) on certain pr de of Cobblestone Drive beginning at a Po ms Drive, running a distance of 75 feet al ne Drive, running a distance of 100 feet al running a distance of 75 feet along the So a distance of 100 feet along the Western pr tains 7500 square feet. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this requesi subject to the following conditions in conjunction with the intended use of the land: 1. Approval is for a period of 1 year. 2. Approval is limited to 6 children. 3. Compliance with Article 2, Section 229 of the Comprehensive Zoning Ordinance Dertaininq to home occupations. Mr. and Mrs. John T. Stan',-on, Jr., appeared in favor councilman Payne made a iiotion, seconded by Councilinan Baum, tO apiDrove the above application of Mr. and Mrs. John T. Stanton, Jr., for a use permit for a home occupation (babysitting). The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, councilwoman Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Nays: Councilman Clarence A. Holland, and mayor Patrick L. Standing Abselit: None city Council voted to adopt the follow-'@ng resolution upon application of 14r. and Mrs. John T. Stanton, Jr., and a conditional Use Permit for a home occupation (babysitting): RESOLUTION UPON APPLICATION OF MR. AND MRS. JOHN R0978212 T. STANTON, JR., FOR A COI.@DITIONAL USE PERMIT FOR a home occupation (babysittinc,) BE IT RESOLVED BY TIIE COU14CIL OF THE CITY OF VIRGII@IA BEACH, VIRGINIA, that: Apl3lication of Mr. and Mrs. John T. Stanton, Jr., for a Conditional Use Permit for a home occupation (babysitting) on certain prooerty ocated on the South side of Cobblestone Drive beginning at a point 160 feet East of Kings Arms Drive, running a distance of 75 feet along tlie South side of Cobblestone Drive, runninu a distance of 100 feet aloiig tlie Eastern property line, runnino a distance of 75 feet along the Southern property line and running a distance of 100 feet along the lqc-stern property line. Said parcel contains 7500 square feet. Princess Aniie Borough. Approval is subject to thc, following conditions in conjunction with the intended use of tlao land: 1. Approval is for a period of one (1) year. 2. Approval is limited to six (6) children. 3. Compliance with Article 2, Section 229 of the Com- prehensive Zoiiinc Ordinance pertaining to home occupations. This rcsolution sliall be cffoctive upon date of adoption. Adopted by the Council of the City of Virainia Beach, Virgiiiia, AN ORDINANCE TO AMEND AND REORDAIN THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING ARTICLE 1, SECTION 102 TO ESTABLISH AN R-7A RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Zoning Ordinance is amended and reordained by amending Article 1, Section 102 and by adding the attached R-7A District, as follows: (a) in order to carry out the purposes and provisions of this Ordinance, the following districts are hereby established: (3) Residential Districts. Residential Districts shall con- sist of: R-1 Residential R-2 Residential R-3 Residential R-4 Residential R-5 Residential R-6 Residential R-7 Residential R-7A Residential R-8 Residential R-9 Residential Townhouse Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1978. APPR ITEM #12713 Motion of the Planning Commission of the City of Virgini Beach to amend and reordain Article 1, Section 102, of the Comprehensive oning Ordinance to establish a R-7A Residential District. More detaile@IZ information is available in the Department of Planning. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commissi@)n by a recorded vote of 11 to approve this request. On motion by Councilman Payne, seconded by Vice il,ayor McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin e(Drge R. Ferrell, Councilwoman Barbara @'4. Henley, Clarence A. H@i@laiid, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Couilcilwoinan Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and M@ayor Patricl@ L. Standing Nays: None Absent: None City Council voted to defer for two weeks the folpowing ordinance to amend and reordain the Comprehensive ZonincT Or linance by, amend- ing Article 1, Section 102 to establish an R-7A R@@sidential District: (7) Public utilities installations and substa ions, provided offices or storage or maintenance facilit.es shall not be pemitted; and provided, further, that ut'lities substations, other-than individual transfomers, shall be surrounded by a wall, solid except for entrances and ex ts, or by a fence with a screening hedge fivo (5) to six (6 feet in height; and provided also, transformer vaults for und rground utilities and the like shall require only a landscaped creening hedge, solid except for access opening. (b) Accessory uses and structures. Uses and struc res which are customarily accessory and clearly incidental a subordinate to /principal uses and structures, including but n t limited to garages, itool sheds, green houses, swimming pools, barb ue facilities and tennis courts. (c) Conditional uses and structures. Uses and str ctures hereinafter specified; subject to compliance with the prov@sions of Part C of Article 2 hereof: (1) Churches; (2) Day care centers; (3) Extractive i-ndustries, including the remo@al of sand and soil; (4) Facilities for the production of live the tre and allied pur- poses including education in the theatre @rts; (5) Museums and art galleries when not operatod by a public agency; (6) Private schools having academic curriculu@s similar to public schools; (7) Recreation and amusement facilities of an outdoor nature, other than as specified under pemitted princip 1 uses and structures, which may be partially or temporarily enc osed on a seasonal basis with approval of City Council, exce t that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; (8) Storage and maintenance installations for public utilities. 567. Minimum Lot Area, Lot Width, Yard Spacing, and Heig6t Regulations Within the R-7A Residential District, the following shall apply: (a) The minimum lot area for churches shall be thrce (3) acres. (b) The minimum lot area for one family detached u it shall be 5,000 square feet, and the minimum lot width shall b@ fifty (50) feet. (c) The minimum size for any parcel under this pro ision is 30,000 square feet. For uses other than the residential dwe ling uni'L pemitted in the R-7A District, the minimum front yard setb ck shall be thirty (30) feet, and the minimum side and rear yard setba ks shall be fifteen (15) feet. (d) For one family detached dwellings, the minimuri front yard setbacks shall be thirty (30) feet, the minimum side yird setbacks shall be ten (10) feet on one side and five (5) feet ol the other side, and the minimum rear yard setbacks shall be ten (')) feet. (e) Maximum Lot Coverage. The maximum lot covera(a for all structures in the R-7A Residential District shall be 40 rcent. (f) Height Regulations. The maximum height for al structures in the R-7A Residential District shall be thirty-fivE@(35) feet. 568. Off-Street Parking Regulations (a) For all residential structures the minimum ofi-street parking re- shall be two (2) spaces per dwellinc unit. (b) For uses other than dwelling units, tho miniMLn off-street parkini shall be as specified in the R-1 Residential listrict. 569. Sign Regulations (a) For subdivisions not to exceed one (1) identil cation sign not more than thirty-two (32) square feet in area @or each principal entrance of frontage of any use. (b) Signs advertising property for sale, lqase or rent, provided that no such sign shall exceed eight (8) sqqare feet in area, that not more than two (2) such signs shall be Orected for each lot. Any property having less frontage or lot line adjcining a street may have only one (1) sign not exceeding four (4) square feet of surface area. (c) In the case of new subdivisions, one (1) sign ot exceeding three hundred (300) square feet may be erectod at ee h principal entrance or frontage to facilitate initial sales. Sigr must be removed when seventy (70) percent of property has boen solc or leased, or after a period of twenty-four (24) months, whichever comes first. Adopted by the Council of the City of Virginia Beac@, Virginia, on the day of 1978. APP YO CO~ @l -. NAT4fE 7,9 DEP".@T.T AOV @.OV'C"@: AS TO O't y @t@T(U)R N f y ITEM #12714 Motion of the Planning Commission of the City of Virg ia Beach to amend and reordain Article 5, Sections 553 and 573, of the C -prehensive Zoning Ordinance pertaining to setbacks for yards adjacent to @he Atlantic Ocean. More detailed information is available in the Departme@@t of Planning. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commi@sion by a recorded vote of 11 to approve this request. On motion by Councilman Ricas, seconded by Countilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, eorge R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Hol-@and, Vice Dlayor J. Ilenry McCoy, Jr. , Donald T.V. Merricl@, Council@@oman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riags, and Mayor Patrick L. Standing Nays: None Absent: None ci y Council voted to approve the followinq ord @nance to amend and reordain Article 5, Sections 553 and 573 of the Comprehensive Zoning Ordinance pertaining to setbacks for yards adja@ent to the Atlantic Ocean: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, SECTIONS 553 AND 573 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO YARD SETBACKS ADJACENT TO THE ATLI@TIC OCEAN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI@IA BEACH, VIRGINIA: That Article 5, Section 553, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coverage, of the C.Z.O. is amended and roordained as follows: (d) Side and Rear Yard. The minimum rear yaro shall be ten (10) feet. One (1) side yard minimum shall bE ten (10) feet and the other side yard minimum shall be fiVE (5) feet. Minimum side and rear yards for uses other than adwelling shall be fifteen (15) feet. In the case of a corr r lot the side yard setback adjacent to a street shall be inc eased ten (10) feet for all pemitted uses. Rear-yards-adjaE mt-to-the-At4ant4e geeaH-sha4l-have-an-add4tiona4-twenty-@26 -feet-rear-yard- (e) Yards Adjacent to the Atlantic Ocean. An@ Yard adjacent to @he Atlantic Ocean tha]] have a minimum sctback of thirty 3@o feet. (f) ke4 Maximum lot coverage. The maximum lot coverage of all buildings shall be not more than forty (40) percent, That Article 5, Section 573, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coverage, of the C.Z.O. is amended and Ycordained as follows: (d) Side and Rear Yards. For one family deta(hed dwellings, semi- detached dwellings and two family detache( dwellings, the minimum rear yard shall be ten (10) feet. The minimum side yard shall be eight (8) feet. Minimum si(e and rear yards for uses other than a dwelling shall be fifte(n (15) feet. In the case of a corner lot, the side yard setba(k adjacent to a street shall be increased ten (10) feet for all permitted uses. Rear-yards-adiaeent-to-the-At4amt4e-geeaR sha44-have-aH-add4t4ona4 twenty-@2Q@-feet-rear-yard-setbaekT-a-tet@;-ef-th4rty-@394-feet. (e) Yards Adjacent to the Atlantic Ocean. An@ yard adjacent to @he Atlantic Ocean shall have a minimum setback of thirty MO feet. @e4 Maximum lot coverage. The maximum lot covcrage for all uses in the R-8 Residential District shall be r@t more than forty (40) percent. Adopted by the Council of the City of Virginia Beac@, Virginia, on the day of mber 1978. APPROVW @S TO R.ONTENT I'rEM #12715 on motion by Councilman Ferrell, seconded by Counc@lwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, Gec@ge R. Ferrell, Councilwoman Barbara M. Henley, Clarerice A. Hollar4, vice mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwon n Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and ME@or Patrick L. Standing Nays: None Absent: None City Council voted to approve on first reading th(l following resolution to adjust grant allocation scliedules iii community development grant applications for the third and :'ourth program years: s S t T'i q _,, I -1 I :,, i 0 IT i"', T YO 'Til WPERFAS, ha e@ 3 and 6), Ne@,,,Iight Water and Sei,7@r @,p r 6@, and th.e most recenL engineer's 1-i,,] @,@@Ml@ cf (Phase 7), Sc,@atAck Water Pro Projects indicate that i-,' finds a,,,ail@ib@-e, and FkIEPEAS, ilcl: iict desigi@ated te ,r,; e tc ]i e Utility F,@.d ti Atlantic Park and scw(@r faci,li, @@RL'RFAS, Urbaii Pjc,-vLLtil@@@ on A.ti&asL 2), spollsorej @l [),il the ihi.rd WHER@AS, Citi@e"Is au t;,,o,: i t!7@@ Nol@, BE'C'@@ tli@@t t@i; such as necL@9@"r i.cn Seatac-@-lcv,@r 5,,i',, 3;40 Seatac@ Newsoiiie Newso-,iie 2 2f,ir) Newl Newli.glit: Low Iiii Reli 0 P e, t A@lmi ti L@ , @ Colltir,gplIC4@,@ @ @) , t) @1) @) -I @, 479 --- I -- 1, @ @,i @ - 000 ,d Aci , tist rr@@ A 8@), no(,, @80,000 $ 30 0'000 -Streets SeatacU 30 '000 Newsome Far-,i-Streets (;@,;o Gracetowri-Water 129,000 30,000 Gl,,etowti-Streets Q,een Cit@y-Streets 35,128 Q,,een Cit:y-Water 69,000 260,000 Queen City-Sewer 25,000 Doyietown Park-DVa:L@l 150,000 Housing RehabilitatiOll Seatack-l@ater Phase Newlight-Sewer Newlight@-Water Seatack-Sewer Phasc, 2-1,5,178 Seatack-Water PI,@ase -,9 @OC Newsome Fatir,.-Sewt Z5, r,2@ Newsome 'F@larm-Watc@r Adininist@t at Coiititigenc ies C)o Total @,a AND BE ET Beacli gives it" in J-ull, ri) @IEt AND 13E ['l Devel.opa@c-l-)t j I oi ciry fun(Iiiig of I'nc' may Adopted First September 11, 1978 Second lie@qdjc& ITEM #12716 The following bids have been received for Newlighl Utility Inprovements Contract I - Kempsville Borough - water system: Basic Construction Company $606,E62.00 Suburban Grading and Utility, Inc. 613,-,00.40 Engineer's Estimate $622,C73.00 On motion by Vice Mayor McCoy, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilrien John A. Baurci, F. Reid Ervin, Gecrge R. Ferrell, Councilworqan Barbara M. Henley, Clarence A. Ilollal , Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilworan Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mz or Patrick L. Standing Nays: None Absent: llone City Council voted to approve the low bid of Basi( Construction Comi)any, in the amount of $606,862.00, for the Ne%light Utility Improvements - Contract 1, water system, in the K(mpsville Borough; and further authorized the City Manager to enter :nto the necessary agreements to implement this project. ITEM #12717 The following bids have been received for @iewligh:l Utility Improvements Contract II - Kempsville Borough - sewage p@mping station: GAVCO Corporation $116, 00.00 Crowder Contracting Company, Inc. 153,.@00.00 Engineer's Estimate $100,@00.00 On motion by Vice 14ayor McCoy, seconded by Counci-man Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, Ge(r(7e R. Ferrell, Councilwoman Barbara M. Ilenley, Clarence A. Hollai , Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwolan Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and M@ or Patrick L. Standing Nays: None Absent: None City Council voted to approve the low bid of GAVC( Corporation, in the amount of $116,000.00, for the k;ewlight Utili-@y Improvements - Contract II, sewage pumping station, in the KemiDs,@ille Borough; and further authorized tlie City Manager to enter into the necessarv agreements to implement this project. ITEM #12718 On motion by Councilman Baum, seconded by Councili@an Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, Gec ge R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Hollar , Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwor Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and ME or Patrick L. Standing Nays: None Absent: None City Council voted to adopt the following resolutjc)n adopting the recommendation of the Virginia Compensation Board dated September 1, 1978, setting the samary of Mr. John T. Askinson, Virginia Beach City Treasurer, at $28,200, retrocative to July 1, 1978, and to include the Position of City Treasurer in the Cit@ of Virginia Beach Pay Plan for purposes of merit increases and cost bf living increases: RESOLUTION City Council made a motion to approve the fol@ic)wing rcsoluti-oii adoDting the recommenditioji of tlie Virginia Coripelisation Board dated September 1, 1978, setting tilo silary of Mr. Jolin T. Atkinsoii, Virginia Beach City Treasurer, at $28,200, retroactive to @uly i, 1978, and to include the position of City Treasurer in th@, Ci-t., of Viraiiiia Beach Pal, Plaii for purposes of merit i-ncrc,.,ises an(-l cost of living inci-eascs.