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HomeMy WebLinkAboutAUGUST 28, 1978 CITY OF VIRGINII REAC! MUNICIPAL CENTER %t City" VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., B.y@id. 8 .... gb VICE MAYOR 1. HENRY M,COY JR., D.D.S., K@.p,,ill, B .... gb DONALD W. MERRICK, Ly-b.@@. B .... gb JOHN A@ BAUM, BI.,k..i@, B@,..gb MEYERA E. OBERNDORF, At L.,g@ F. REID ERVIN, At L.,g, 1. @URTIS PAYNE, P,i@,@,, A..@ B.-.gb GEORGE R. FERRELL. At L.,g@ ROC;ER L. RIGGS, Vigi@i. B@.@b B.,..gb BARBARA M. HENLEY, P.@g@ B.,..gb A G E N D A RL(:HARD 1. WEBBON,,City Cl@,k The City Council of the City of Virginia Beach, Virginia,,qill assc@mble in the Administration Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 5:30 p.m., on Monday, August 28, 1978 for the purpose of conducting plblic bu@;iness and will hear and act upon the following items: 1. Call to order by the Honorable Patrick L. Standing, lia7or, in I:he Council Conference Room. 2. Roll Call of the Council. 3. blotion to recess into Informal Discussion and Executiv@ Sessioii. Upon conclusion of the Executive Session, City Council will reconvene in the @ity Couiicil Chambers. 4. Invocation will be given at 7:00 p.m., by the Reverend Donald S. Moyers, Saint John's Baptist Church, Virginia Beach, Virginia. Please remaln standilng for the Pledge of Allegiance. 5. Roll Call of the Council. 6. Minutes of the Regular Meeting of August 21, 1978 to b- presenl:ed for acceptance and approval. 7. Mr. Brian G. Flora wishes to appear before City CounciL regard:Lng the East Coast Volleyball Championship. 8. All matters listed under the consent agenda are considared to I)e routine by the City Council and will be enacted by one motion in the form -isted. There will be no separate discussion of these items. If discussion is desired, -hat item will be removed from the Consent Agenda and considered separately- a. Letter from the City Manager recommending that Cit Council approve a Resolution regarding all road projects for the relocation of tilities. The road project in- volved is a section of Lynnhaven Parkway from nort of HolLand Road to Kings Arm Drive. b. Letter from the City Manager recommending that Cit@ CounciL appoint viewers in the matter of Melville C. Wood, Jr., Inez H. Wood, and Eleanor F. Dyas for the closure of a portion of Admiral Street (Lynnhaven Borough). c. Letter from the City Manager recommending that Cit@ CounciL approve the following Bingo/Raffle permits: Virginia Beach Flyers Raffle Virginia Beach Sand Witches Bingo/Raffle d. Letter from the City Manager recommending that Cit@ Counci-L approve the request of Mr. John T. Atkinson. Citv Treasurer, for tax refulds in tlie amount of $1,230.60. 9. City Council is requested to approve on second reading an ordiliance appropriating $210,000 from the Water and Sewer Fund balance for the purpose of performing certain work related to brackish and fresh groundwater test wells; and further, authorize the City Manager to enter into the necessary contracts to ccomplish these water resource activities. 10. Letter from the City Manager regarding the petition of Corporal-e Designs, Ltd, for a change of zoning from R-6 Residential District to 0-1 Dffice D:Lstrict on a 18,750 square foot parcel located at the northwest corner of he intersection of 36th Street and Pacific Avenue (Virginia Beach Borough). (On Dece ber 13, 1976 it was denied by City Council, but due to resolving of differences with propert,7 owners and the First Presbyterian Church near by, it is accordingly brought backfoi-reconsideration as requested.) 11. Letter from the City Manager transmitting the recommeniation ol- the PlanningCommission for denial of the application of Lakeside Construction Corporai:ion for the following changes of zonin totallin 386.20 acres located east f Oceani Boulevard and north of a. Change of zoning from R-3 Residential District to R-6 Resi(ential District on an 18.2 acre parcel. b. Change of zoning from B-2 Community-Business District to R-6 Residential District on an 11 acre parcel. C. Change of zoning from AG-1 Agricultural District to R-6 Re3idential District on a 34.8 acre parcel. d. Change of zoning from AG-1 Agricultural District to R-9 Re3idential District on a 16.5 acre parcel. e. Change of zoning from AG-1 Agricultural District to R-5 Reiidential District on a 26.5 acre parcel. f. Change of zoning from AG-1 Agricultural District to B-2 Co@ipunity-Business District on a 2.3 acre parcel. g. Change of zoning from R-3 Residential District to $-2 Comm@tnity-Business District on a 24.5 acre parcel. h. Change of zoning from B-2 Community Business District to R-6 Residential District on a 180.4 acre parcel. i. Change of zoning from R-4 Residential District to R-6 Resi.lential District on a 32 acre parcel. j. Change of zoning from R-4 Residential District to R-5 Resi.lential District on a 40 acre parcel. 12. Letter from the City Manager transmitting the recommencation o[ the Planning Commission for approval of the application of Ramon W. Breeden, Jr. for t@e petition of the closure of a portion of Great Neck Road (Lynnhaven Borough). (Deferre[ from August 21, 1978) 13. Letter from the City Manager recommending that City Coancil adopt an ordinance to amend and reordain Division 3 of Article III of Chapter 2 of the Codt of the City of Virginia Beach relating to adniinistration of the basic pay plan, 14. Letter from the City Manager recommending that City Caigncil ap@rove an ordinance to amend Chapter 2 of the Code of the City of Virginia Beach creat@ing the Department of Mental Health and Mental Retardation. 15. Letter from the City Manager recommending that City Co,4ncil ap,@rove an ordinance to amend and reordain Section 2-123 and 2-124 of the Code of thc City of@ Virginia Beach relating to assistants to the City Manager relating to authority to act on behalf of the City Manager. 16. Letter from the City Manager recommending that City Council aplrove an ordinance to consolidate the subdivision review process in the publtc works department and to transfer fourteen positions and related funds from the highway division to the engineering division: Personnel Services $147,967 Contractual Services 10,056 Materials and Supplies 9,257 Replacement of Equipment 13,30$ New Equipment 6,98 TOTAL $187,56 17. Letter from the City Manager recommending that City Cocncil ap)rove an ordinance to transfer a custodial worker position and related funds from th[ Parks and Recreation Department to the General Services Department. 18. Old business, deferred from the previous meeting including any report of the Mayor or Committees named by Council. 19. New business, including any presentations by Council Members, -;itizens and Organizations. a. Miss Shirley Woodward wishes to address City Counctl regarling certain bids on Tennis Courts. Through the courtesy of Vice Mayor McCoy, sie has been placed on the agenda. 20. Motion for adjornment. MINUTES OF THE HONORABLE @ITY CO@@NCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA August 28, 197$ The regular meeting of the Council of the @ity of Virginia Beach, Virginia, was called to order by mayor Pat ick L. Standing, in the Conference Room, in the Administration@Buildi.@g, on Monday, August 28, 1978, at 5:30 p.m. Council Members present: F. Reid Ervin, Goorge R. Ferrell, Council- woman Barbara M. Henley, Donald W. MerrickA Counc@lwoman Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council 14embers absent: John A. Baum, Cla ence T,. Holland*, Vice Mayor J. Henry McCoy Jr.*, and Roger L. Ri gs* ITEM #12620 Mayor Standing entertained a motion to per@it Couhcil to conduct an informal meeting to be followed by an exec tive s6ssion for the purpose of discussing the following: 1. Discussion or consideration emplcyment, assignment, appointment, pro tion, demotion, salaries, discipline or resi ation of public officers, appointees or em@pl ees of any public body. 2. Consultation with legal couns 1 and briefing by staff members, consultants attor eys per- a litig tion, or taining to actual or poten@iol other legal matters within thc jurisdiction of the public body. On motion by Councilman Merrick, seconded $y Counoilman Payne, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Donald W. Merrick Coun ilwornan Meyera E. Oberndorf, J. Curtis Payne, and Mayo@ Patr@ck L. Standing Nays: None Absent: Councilmen John A. Baum, Clarence A. I'@olland, Vice Mayor J. Henry McCoy, Jr., and Roger L. Riggs City Council voted to proceed into the executive @ession following the informal discussion. ITEM #12621 *COUNCILI,IA,N HOLLAND ENTERED MEETING AT 5:5@ p.m. *VICE MAYOR MCCOY ENTERED MEETING AT 5:41 M. *COUNCILMAN RIGGS ENTERED MEETING AT 5:45 M. The City Manager indicated to Council that from tlie discussion with Mrs. Nellie Bryant of the Neptune Festive, this @ears festival will be bigger and better then ever. The City anactei introduced Mr. Walter Royal and Mrs. Nellie Bryant. 0 Mr. Royal informed Council that the Neptun@ Festival will be from September 9 through September 15, and the eafoo@ Feast will begin on September 9th at the Dome. Mrs. Bryant stated she wanted to take this opport@nity on behalf of the Chamber of Commerce and the Neptune Festi@ial to invite the members of Council to participate in the F(pstival this year. ITEM #12622 The City Manaqer stated that the Landfill @as designed to last the citizens of Virginia Beach for 20 years. @t's be@@n in operation for five years. The City has noticed a tremen4ous am:@unt of increase in the last 3 or 4 months. After investigation, it was determined tha# the City of ',@orfolk had closed their Landfill area down, and all t e otlie@ area Cities do not allow anyone outside their jurisdictio to di$pose of refuse in their Landfills. Consequently, Virginia B ach ha$ become the Land- fill for Tidewater without adequately bein recogfti--ed, and without pay. The main concern, however, is not necessari-ly the renumeration, but the fact that citizens of Virginia Beach bitilt thc Landfill for what they anticipated will last 20 years. This matter will be resolved in the future if the completion of the Resc)urce Recovery Project is successful. However, the City feels that rkow is the tirne to adopt policies similiar to the other cities in tILe Tidewater area, and tliat would be not to allow any outside coni--ractor outside tlie jurisdictional litiits of Virginia Beach to use tho Landfill, and to charge every citizen of Virginia Beach $3.50 a ton, except citizens in tlieir own private vehicles or with a pi@kup truck. The City Manager further stated that in th future he would like to bring an ordinance to Council indicating t@at this would go into effect January 1, 1979. ITEM #12623 The City Manager indicated that on August 1st, a barge struck the Pungo Ferry Bridge. It removed several la ge structures of pilings, and damaqed the western side of the bridge@ howevor, the swing still operates successfully, but the western sidc will be out of commission for approximately 60 days. The City Manager indicated further that he autliorized a contractor to proceed immediately in the repairs, and further indicated that the City has made several attempts to estal)lish the services of the Army to use their LCU'S, which can hold up to 125 tons. The City Manager did state, however, that chere ir a private commercial operation that would be superio# to the Army, in that it's a civilian operation and the Army would not be in competition with the private operation. it is approve by tho Coast Guard; can carry up to 60 passengers and up to 12@full-size vehicles. The cost would be $1,500 per day, 14 hour-a-day service. ITEM #12624 Mayor Standing indicated that he has had s veral requests from citizens on what the City's stand will be with rega ds to para-mutual betting. The City Manager requested the Virginia Be@ch De-,blopment Council to reproduce the last report on para-mutual betting @and update it for presentation to Council. ITEM #12624(P,) Tlie City Manager indicated to Council that last waek he discussed the development of the beach front at Chesapea@e Beac@l. One otlier matter has come to tlie City Mana t@er's attention, and that is a transition area on the oceanfront be een 58th and 57tli Streets. Everything south of the Mariner Motel is ong th-@ bulkhead line. Every- thing north of 58th Street is beiiind the s@nd dun@, one in whicli tlie City is tryinq to improve upon, especially at the st--eet end, by sand fencing and t@e planting of cord grass. However, the area between 58th and 57th St@eet poses a problem witli the city as it has no bulkhead, yet is jut@ out farther then tlie area north of 53th Street. The owner of -@iiis lot has come to the City requesting to build a major residential house (duplex), and wish s not to be required to putup a bulkhead, as a bulkhead viould be s@t-ling @y itself, unless it was combined with the Mariner. Tlie owner indicated that the@, would be bui@ding b@hind a manmade dune and bring it to the elevation the Cit@ requires, they also would fertilize and plant cord grass. The City Manager stated lie has indicated tq the pcoderty owner and his attorney tliat if he did buil(I a manmado dune and tie it into the existing dune he would have to come across public land to establish the dune, however, if the dune fails he wi@l be r@sponsible to erect a bulkhead or if tlie area to the south of hem wetre developed resi- dential, lie would be requireca to put in a @ulkhea.@. This agreement would go with the property. ITEM #12625 At 7:00 p.m., City Council reconvened in t4e Council Chambers with the following Members present: F. Reid Ervin, George R. Ferrell, Councilw man Barbara M. Elenley, Clarence A. liolland, vice Mayor J. Henry M@Coy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Couiicil Member absent: John A. Baum The invocation was given by the Reverend D nald S. 14oyers, Saint John's Baptist Cliurch, followed by the Ple@ae of Allegiance. ITEM 412626 On motion by Councilwoman Oberndorf, seconaed by --ouncilman Ervin, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoinan Barbara PI. Henley, Clarence A. ifolland, vioe Mayor J. Henry 14cCoy, Jr., Donald W. Merrick, Councilwoman I'leyer4 E. Ob@rndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Stanrling Nays: None Absent: Councilman John A. Baum City Council voted to approve the minutes (If the tregular meeting of August 21, 1978, with the following cor@ection5, and dispensed with the reading of said minutes inasmuch os each Council Member had a copy: Item #12602 - Mr. lierbert Smitll appeaced in favor of the applicati@n, not opposition. Item #12612 - Should read: Th@ of a revised Plat of ple Tirrace in tlie Lynnhaven Boroug which will record the closing, vac ing aid discontinuance of Sawyer Avenue, a por:ion of Bee Street and, in addition, indic@te the elimination of property lines adjaclnt to the area being vacated, the reteition of a 20 foot utility easement across Sawyer Avenue for sewer line purposes and the retention of private utility easemen-,s for VEPCO facilities. ITEM #12627 Mr. Brian Flora appeared before City Council invi-,ing the Council Members to attend the East Coast Volleyball Champ@-onship, to be held at Virginia Beach. It will be held the week(@nd of the 1st of Septer,iber. ITEM #12628 On motion by Vice Mayor McCoy, seconded by @ouncilman Riggs, and bv recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. rerrell, Councilwoiqan Barbara M. Henley, Clarence A. Holland, Vic@ @layoi J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. ObErndorf, J. Curtis Payne, Roger L. Riggs, alid Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to approve the following consert agenda, 8a through 8d. ITLM ftl2629 On motion by Vice Mayor McCoy, seconded bv Councilnan Rigg,, and bv recorded vote as follows: Ayes: Councilmen F. Reici Ervin, eorge R. FerrelL, Councilwoman Barbara M. @lienley, Clarence A. Holland, vi@e Mayo@ J. fienry @Iccol" Jr., Donald 1,V. Merrick, Councilwomaii Meyera E. Obirndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. StandLng Nays: None Absent: Councilman John A. Baum City Council voted to adopt the following rz!solut--on regardina all road projects for the re'location of litiliti@s. TILE road proj@ct involved is a section of Lynnhaven Parl-@way Erom nc)rth of Ilolland Road to Kings Arm Drive: The regular meeting of the Council of @he Ci@y of Virginia Beach Virginia, was held in the Council Chambers f the Administration BuilA- ing on the 28 day of August 197 . On motion by Vice Mayor McCoy an4 secon led by Councilman Riggs the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the Highway Department propose:,, to construct or otherwise improve a section of roadway fro@ 0.10 iailes north of Holland Road to Kings Arms Drive designated as High@ay Project: UOOO-134-115,, RW-201, C-501; and WHEREAS, the City Council is assu@ing ri@sponsibility for making arrangements for the adjustment and/@r relocation of certain utilities and for the installation of any now fac:-lities and for claims by the contractor for delays or inte@feren(,e in his operation caused by the City in the adjustment and/or relocittion of these utilities. NOW, THEREFORE, BE IT RESOLVED, t4at th(@ City Council of Virginia Beach hereby certifies that all ar@angem(!nts have been made or will be made for the relocation and/or aojustmcnt of said utility facilities, and for the installation of any new f@cilities. In the ITEM #12630 On riotion by Vice Mayor McCoy, seconded by Co ncilmzn Riggs, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Fej.,rell, C-ouncilwoman Barbara M. Henley, Clarence A. Holland, Vice Ilayor J. Henry McCoy, Jr., Donald W. Merrick, CouncilwoTnan Meyera E. Obernoorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Sl-.anding Nays: None Absent: Councilman John A. Baum City Council voted to approve the appointment of vie@ers in the application of Melville C. Wood, Jr., and Ine2 H. Wood, and Eleanor F. Dyas for the petition for the clostre of 4 portion of Admiral Street, in the Lynnhaven Borough: ORDINANCE APPOINTING VIEWEIIs WHEREAS, Melville C. Wood, Jr., et ux, et al, have given due and proper notice in accord with la,,, that they would, on the28th day of August 1 1978, apply to the City Council of the City of Virginia Beach, Virginia, for t@e appointment Of viewers to view the below described portion of Admiral Street in Lynnhaven Borough in the City of Virginia B@ach, Virginia, and to report in writing to this Council whethi@r, in the opinion of said viewers any, and if any, what inconven:@ence would result from the discontinuance, closure and abaldonmel@t Of said portion of Admiral Street and whereas such appli:ation has been properly filed with this Council and whereas all .-equircments of law have been met. NOW, THEREFORE, be it ORDAINED b:, the Council of the City of Virginia Beach, Virginia, that C. Oral Lambert George E. Tinnes and Bobert T. Scott be, and each of them is hereby appointed to view that portion of Admiral Street being 50' wide and 120' lcng, ly@ng between the northeast side of East Admiral Drive and the Se@shore State Park as shown on the plat of Cape Henry Shores, Sect4on One, which is recorded in the Clerk's Office of the Circuit C41urt of this City in Map Book 62, at page 29, and said viewel,s shall report in writing to this Council on or before 1978, at 2 p.m. , whether in their opinion any, and if an3,, what inconven- ience would result to the public frorn the discortinuance, vacation and abandonment of said portion of Admira StreEt. In the Matter of the Application of I Melville C. Wood, Jr,, et ux, et al, for the Closure, Vacation and Dis- continuance of a Portion of Admiral Street in Lynnhaven Borough, Virgini@t Beach, Virginia, Between the Northea Side of East Admiral Drive and the Seashore State Park PETITION To: The City Council of the City of Virginia Beach, Virginia Your petitioners, the applic?,nts, ielville C. Wood, Jr., Inez and H. Wood, /Eleanor F - Dyas who own al L the I and located adj acent to on both sides of Admiral Street b@tween between East Admiral Drive and Seashore State Park in the Lynnh@ven Borough of the City of Virginia Beach, Virginia, pe-ition and apply to the Council of the City of Virginia Beaci, Virginia, for the vacation, closing and discontinuance of that portion of Admiral Street (120' X 50') adjacent to the )roperty of the applicant petitioners between the nort@ast si le of E . Admiral Drive and the Seashore State Park, as shown on the plat of Cape Henry Shores, Section One, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgiria, in Map Book 62, at page 29. Your petitioners and applicaiits alloge that no inconvenience will result to the public by reason of sai@ closure and ask that the Council appoint viewers as provi(led by law to view the portion of Admiral Street sought to be close(i and zoport in writing to the Council 3; as to whether in the opinion of the viewers what iticonventence, if any, would result from the discontinuance and cl.osure as herein sought, at which time the petitioner will ask fc)r pass4ge of an ordinance vacating the portion of the street s(ught t@ be closed herein. On Augustl4 , 1978, notice ol preseltation of this applica- ti n to the Council was posted at thE Court@ouse of the Circuit GROVICR C. W.@,&,, JR. 3380 IPACMC A@. "ROINIA BMACH, @A. Court of the City of Virginia Beach, Virgiaia, on the portion of the street to be closed and at ttle City Hall Annex in Virginia Beach Borough, 19th Street and Arttic Avenue and an affidavit of posting is attached hereto,, together with a copy of the notice of intended ap@licati@n for vacation of said portion of the street. The petitioners and applicarts are the fee simple owners of all land along and adjacert to tie portion of said street to be closed. ReSPE@ctfully submitted, uj@ ivi@e C. Wood, Jr.-V ir, H. #ood z A Dyas 303 Beach iZ 3330 Pac P.O. Box 51 Virginia Beach, Virginia 23458 NOTICE PLEASE TAKE NOTICE that at a meeting.of the City Council of the City of Virginia Beac4, Virginia, to be held on Monday, August 28 , 1978, at 2 p @m., the undersigned appli- cants will petition for passage of a4 ordinance appointing viewers to view that portion (120' X 50') of Admiral Street in Lynnhaven Borough of the City of @irginia Beach, Virginia, between the northeast side of E. Admiral Drive and the Seashore State Park and between the 2 lots of the applicants and thereafter report to the Council whether in the opinion of the viewers what, if any, inconvenience would result f#6m the closing, discontinuance and abandonment of same. A plat wit4 a detailed description of the portion of said Street to be clooed is on file in the office of the City Attorney and in the Plan@ing Department of the City of Virginia Beach, Virginia, Municip@l Center, Princess Anne, Virginia Beach and in the Clerk's Of@i,-e of the Circuit Court of the City of Virginia Beach, Virginia, in Mao Book 62, at page 29. ELVILLE C. WOOD, JR. NEZ H. WOOD and ELEANOR DYAS oy ITEM #12631 On motion by Vice tlayor McCoy, seconded by councilman Riggs, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Perrell, Councilwoman Barbara M. ilenley, Clarence A. Holland, Vic @layoi J. Fenry McCo% Jr., Donald 11. Merrick, Councilwontan Meyera E. Obcrndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing liays: None Absent: Councilman John A. Baum ITEM #12632 On motion by Vice Mayor McCoy, seconded by CounciLman Riggs, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrelt, Councilwoman Barbara M. Henley, Clarence A. Holland, Vi e Mayoc J. Henry McCoy, Jr., Donald 14. Merrick, Councilwoman Meyer E. Ob@rndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick Li StandLng Nays: None Absent; Councilman John A. Baum City Council voted to approve the followin@ tax r@funds in the amount of $1,230.60: AN O;tDIt,'Al@!CE AUTi[DL(IZ70@(; Date 8:-14-78 IIPO,N APPLICATIO,'; OF CF.P.TAT.@l M@'D UPON CE[tTlrlCt%'uio@,@f of., TilL FOT( )?AYI.[E@:T 'B@- IT O;-W.-%I"ED BY TilE COU@',ICIL 0- 'ff(E: CITY OF h 5-fo Lfication o,, tne T t@ tn, fo 0;4.tl. -@LcatioL'- c t@ < re,U-,cls upo,- cc-rt Treasurer are herr-by approved: $1230.60 Totalin2 $ 1230.6( TAX TYPF TIC-@T I YEA-P, OP Tk%X TIO\' -,,O. P-,'-TD P@'7.kLTY It,T. Croatan Beach Corp.. 1978 RE1/2 15116 12-L-77 208.80 197 7 REI 14375 6-)-77 211.20 1976 RE1/2 14055 6-LO-7( 268. 80 RE2/2 12-5-76 208.-80 1975 RE1/2 13560 6- 0-7- 180.00 RE2/2 '2-4.5-7' .180.,Oo. C. L. Jr. & J. J. Ha.-t 1917E CD 60670 1-IZ-78 1978 CD 60671 1-12-78 15..00-'@ il CDMC 1144325 1-11-78 978 00 The Pbr)ve abata.--eat(s) Lut-ling tied zis to paypen@; $1,230.60 vere approved by the Council of the Cit:y o@@ Virgini-- Beach o-i the 28 day of ATKiN@oliTr@a!surer erk Apprc ve 'Bimson, Ci ITEM #12633 0. -ti.. by C...@il-. li.1l..d, .@@..d.d by V@ .@ M.y.@ t,@C.y, ..d by @-.@d.d @@t@ .. f.il...: Ay.@: C .... il-. F. R.id E-i., G..@g@ R. F.@.11, B.@b.@. M. H..J.y, Cl.@@.- A. H.11@.d, Vic@ M@y.@ J. li@@@y M@c.y, J@., D.@.ld @4. M ... i@k, C ... M@y.@. E. Ob@@,,d.@f J. C.,ti@ P.y.@, R.g., L. izigg., ..d M@y.@ P.t,i@k L. St@.di@g N.y.: N..@ Ab@@.t; C..@.il... J.h. A. 13@- City C .... il @.t@d t. pp@.@@ .. th@ f.11 i.li -@di- t. pp,.p@i.t. $210,000 f@.. th. di S.@., r d b.1... f., th. p.,p... f p.@f.@.i@g k @@14-.d t. b@ @ki.h ..C, f ... h t@.t ..d f.,th@, @.thO@i.,d th@ Z:ity kl ... 9-1 t. @.t@, i@t. th@ t. th.. .@t@, M ORDINMCE To APPROPRIA!EE $210,0cts0 FROM T.E WATER @D SEWER FMD BALANCE FPR THE PURPOSE OF PERFOMING CERTAIN WORK RELATED TO BRACKTSII @D FRESH GROMDWATER EST WELLS WHMEAS, @b. Cil, C ... al d@sil@. @. fi.d doiti ... 1 ....... .f -t.@ @. ..ppi-.t @.ppli- f.@ Ih. ..d @iti-.. f Vi@gi.i. B..@h, .d WHERrAS, t. f@-h.@ Ihi. ..d .... @, Cily C.@.@il I,.s ..Ih.@i..d .@d ith @h@ @@gi.@-i.g fi@. f Wil.y @.d Wil@.@, I.c. t. .@.dy, 4@d, MIER@ , th@ ..@ly ph ... @ f @h. .@.dy h.@. @.-..d.d f.@ f.@lh.@ ..d v.1 -@, @@h f . 2.0 @d d@..I@.g f..ility t@l@i@g b@.@ ih g@..@dw.t@@ -d d ... l.pi.g th. f@..h i. Vi@,i@i. B..@h .@d, @mus, . ci@y P,li..ti.@ h.@ b.@. -d@ 1. Lh@ Offic@ f W.t.@ R@.@.@@h -d T@@h..I.gy f @h. Ui@.d St.t.t D@p.@t.-t f Ih@ f.@ . t. . d@s.l@i@g I-@ .@ili i.g b@.@ki.h V ... d..t@@ i. Vi,gi.i. B@.@h, .d, WHEREAS, Wil@y -d Wil..., 1.@. h.@ th.t th@ .ity p@.@.@d ilh th@ d@,@.p-.t f f.@ th@ w 11., th@ @@h@-ti@ I.y.@t f., @h@ d@@.Iti@@ f.@ili@y, ... t@.@ i.. .f b@.@ki@h g@ ... d..t@@ -11@ -d t@.q.g f ... . i.,i@g f@..h -11 fi.ld p@i.@ 1. b. f b. @.@ipi-t@, -d WIIEREAS, Ih@ f thi. -@k p@.p ... d by @4, @lt.@ i. ..ti-,.d @. b. $210,000, N@ , THEREFORE, BE IT ORDA@NED by h. C.-@il f th@ Cit f Vi@i.i. B ... h $210,000 b@ pp@.p@.,@d f@- @h@ b.l-.. L. th@ Wt@@ ..d S-@ F..d f.@ th. d.@.l.p-@@ f f., b@..kisl, ..d f@.@h - 11@, .@h-li. I.y.,t f @h. I...Iti.g f cili@y, f b@..ki.li g@ ... d..@.@ I" ..d @.@ i@ .f ... @.i.ti.g f@@.h g@o-d..t.@ ..11 fi.1d, -d BE IT FMT.ER ORDAINED @l,., h. Ci@y @-g- i@ ..th.@i. i t. i.@. @b@ ..@ .... @y Ad.pt@d by th@ City C.-@il 2p. 19--,8 R@.di.g: A.,,.,,t 21, 1978 S.@..d R..di.g: A.@,.t 28, 197U GGD:JDB:.@ 8-17-78 ITEM ','12634 Petition of Corporate Designs, Ltd., for a Chanqe o.' Zoninq District Clas- sification from R-6 Residential District to 0-1 Off ce Dist@ict on Eertain property located at the Northwest corner of 36th Sti,eet and Pacific Avenue, running a distance of 150 feet along the West side i)f Pacific Avenue, run- ning a distance of 125 feet alonq the Northern propl@rty line, runnin(i a distance of 150 feet along the Western proderty lini? and running a distance of 125 feet alona the North side of 36th Sireet. S@tid parcel contains 18,750 square feet. VIRGINIA BEACH BOROUGH. Planning Comission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 12 for the motion and 1 abstention to deny this request as it was felt that approval of the proposed zoning would be an intrusion of bus@ness uses into a predom- inantly residential area. Mr. Thomas Broyles, Attorney, represented the pet.itioner .Mr. Grover C. Wright, Jr., Attorney, also 4ppearE!d regarding this petition Councilman Merrick made a motion, seconded by Colincilman Riaas, to approve the above petition of Corporate De igns, Ltd., for a Change of zoninq District Classification from R-6 Resid(@ntial District to 0-1 c e zoning will iiot be permitted until the deed restrictions ar, corded. The r(@corded vote is as follows: Ayes: Councilmen F. Reid Ervin, Georue R: Ferre'-l, Councilwoman Barbara M. Henley, Clarence A. Holland, Vi e Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyer@ E. OI)erndorn, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Stan(Hing Nays: 14one Absent: Councilman Jolin A. Baum City Council voted to approve the followi@g ordiiiance upon petition of Corporate Designs, Ltd., for a Change f Zoni-lq District Classifi- cation from R-6 Residential Distri t to 0 1 Offl, zoning will not be permitted until the deod restrictions are recorded: ORDINAIqCE UPON PETITION OF CORPO TE DE3IGNS, Z0878374 LTD., FOR A CHANGE OF ZONING DIS@RICT C.ASSIFI- CATION FROM R-6 Residential Dist ict TO 0-1 Office District BE IT ORDAINED BY THE COUNCIL OF THE OITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Corporate Designs, Ltd., for a Change of Zon ng ic tic t to o@ i iZr Classification from R-6 Residential Distric -1 Offie DT. tt on certain property located at the Northwest corn,:tr of 36th Street and Pacific Avenue, running a distance of 150 fee:@ along the West side of Pacil-ic Avenue, running a distancelof 125 feet along the Northern property line, running a distancelof 150 feet along the Western property line and running a distan e of 1:?5 feet along the North side of 36th Street. Said parcel co@tains 8,750 square feet. Virginia Beach Borough. Approval is subject to the following condi@ions i@[ conjunction with the intended use of the land: 1. Approval subject to certain deed ilestric:@ions 2. The Zoning change will not be per itted antil the deed restrictions have been recor@ed This ordinance shall be effective upon date of ad)ption Adopted by the Council of the City of @irginl,a Beach, Virainia, on the 28 day of st , 1978 ITEM #126-@5 An Ordinance upon Application of Lakeside Construc-,ion Corporation for a Clan,e ol lonnq District Classification from R-4 Rcsident-al District to R_5 Resid"ti, I District on certain property iocatec on th(! North side of Sandbridge Road beginning at a point 258.41 feet !4est of Entrada Drive, running a distance of 303.73 feet along the North side of S indbridge Road, running a distance of 1255 feet more or less in 1 NorthE@ly direction, running a distance of 1635 feet more or less in a Northwesti@rly direction, running a distance of 492.36 feet in a Northerl3, direction, running a distance of 1577.58 feet along the Northern proper,ty line and running a distance of 2347.46 feet along the Eastern property line. Said parcel contains 40 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Ccmmissioii by a recorded vote of 10 to deny this request. It was felt that his requett is premature at this time. Mr. Grover C. Wright, Jr., Attorney, repre@3ented the petitioner The following appeared in opposition: Mr. Allen Follmer, President of the L gomar Civic League Reverend Malcolm Yaple, Minister of N Cl.urch Doctor Julius Goldsand, Sandbridge Ci ic LeE.gue Mrs. Helen W. Love, Back Bay Civic Le gue Mr. James D. Sydnor Councilman Payne indicated that he did agr@e witli the concept of long range planning which ',he developer has proposed, and, also, agree that possibly this particular request will come back @o the Council in the not too distant future, but with the problems yo, would have with development of this property, especially uritil w,, have the Comprehensive Land Use Plan adopted, which should be in about six to nine months. So until that time I feel like this zoning rezauest @5hould be held in abeyance until they have the opportunity to report to us, and we have the opportunity to adopt the Comprehensive Land Use I'lan, which will include recommendations that are coordinated with the Cal)ital Improvements Program, and I do know that the General Bootla Boulevard i@; high in priority on this CIP, but I think it's in the top 5 or six S-@reets and Highway on the priority list, so with that in mind I cJo fee like it's a little premature and I do make a motion that we deny pe-@itions 16 through 25, seconded by Councilwoman lienley. The recotded vote is as follows: Ayes: Councilmen F. Reid Ervin, Georqe R. Ferre'-l, Councilwoman Barbara M. Henley, Clarence A. Hollan@, Vi--e Nlayor J. Henry McCoy, Jr., Donald 1,1. Merrick, Councilwoman Nleyera E. OI)erndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patricl@ L. Stan(ling I;ays: None A]Dsent; Councilman John A. Baum City Council voted to deny the above petition of Lakeside Construction Corporation for a Change of Zoning District Clas!@ification from R-4 Resideiitial District to R-5 Residential Di@trict on certain properev locatod on tlic No--th side of Sandbridge Rold beg@,nning at a poilit 258.41 foct West o@, Entrada Drive, runiiinc@ a dis-,ance of 303.73 feet along the Nortli side of San(lbridge Road, r@nnina a distance of 1255 fcet niore or less in a Northerly direction, runn:lng a distance of 1635 feet more or less in a Northwesterly direct:,on, running a distance of 492.36 feet in a Nortlierly C,.irection, running a distance of 1577.58 feet along the qortherii property line aiid runnin@ a distance of 2347.46 feet along the Eastern property line. Said parcl contains 40 acres. Princess Anne Borough. ITEM #12636 An Ordinance upon Application of Lakeside Construltion Ccrporation for a Change of Zoning District Classification from R-4 @esidenl'ial District to R-6 Residentia District on certain property locat(d 800 f,@et more or less North of Sandbridge Road beginning at a point 385 feet more or less Northwest of Entrada Drive, running a distance (f 1370 feet along the Southern property line, running a distance of 1241 feet a'ong the Western property line, running a distance of 1195 feet nore or less along the Northern property line and running a distance of 925 fe?t more or less along the Western property line. Said parcel conta@ins 32 Ecres. PRINCESS ANNE BOROUGH..,- Planning Commission Recommendation: A motion was passed unanimously by the Planning C issioi by a recorded 't@ vote of 10 to deny this request. It was felt that @ SM reqUESt is premature at this time. Mr. Grover C. Wright, Jr., Attorney, repre4ented tlie petitioner The following appeared in opposition: Mr. Allen Follmer, President of the L gomar @ivic League Reverend Malcolm- Yaple, Minister of 14 mmo Church Doctor Julius Goldsand, Sandbridge ci ic Leaque Mrs. @lelen W. Love, Back Bay Civic Le gue Mr. James Sydnor Councilman Payne iiidicatccl tliil-I lac -Ij-d agree with the concept of long range planning whicli "he devE,,Iopcr h@is proposed, a id, also, agree that possibly this particular requost w-'@ll come back to the Council in tlie not too distaiit future, ])ut with the I)robleirs you --@ould have %,7itli developmeiit of tliis proper-ty, especiall@, until wc 'liave the CoDiproliensive Land Use Plan adoptcd, wliicli shc)uld ]:)e -in ib,)ut si@,: to nine nionths. So until that ti.me I feel lit@c tliis zc)nj-i)g i-oqti@st sh,:)uld bc helcl in ay)cyance until they havo the opportunity to re@iort to us, zii-@d wo have the opportuiait@, to adoi-)t tlie Comprc,.ho-nsive (ise Pl.@:n, whicli wi.11 inclucl(:- recc)iTuiiendations tliat are coorc-liriat-cci th-@@ Cal-)i -al Improveic@ents Program, -it tlic Gcnc@i-@,]- Bootli Boul-e\,Ei -(l is Ii(jh ill pri-orit,, cii and I do know thL tliis CIP, but I tliink it's in tl-le Lop 5 or six 'ti:( ets iild Ilic,,I,way on t@Le priority list, so @'lith tliit i.i-@ ini.ild T d() fcc2l -iK(-, it's a liltle premature and I do niake a motioil that %,ic-, (Icn.,,i- F)(:-til ions 1G througli 25, seconded Ly Councilwoman I'@enley. TI-ie r(-,corC,--d vot( is as follows: Ayes: councilmen F. Reid Ervin, Ceorge R. llerrel-I Councliwomaii Barbara M. lienley, Clarence A. Holland, Vice Mayo J. Henry 14cCoy, Jr., Donald @i. Merrick, Councilwoman Meyera E. Ob(@rndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Stand:-ng Nays: None Absent: Councilman Jolin A. Baum City Council voted to deny the above petiti,)n of I,akeside Construction Corporation for a Chanqe of Zoninq District Classification from R-4 Residential District to R-6 Resid@ntiaLi @is ict c certain propertv located 800 feet more or less North of Sandl)ridge Road beqinning at a f)oin-I 885 feet more or less Northwest of Eiitrada Drive, running a distance ol@ 1370 feet along the Southern property line, running a distance of 1241 feet along the Western property line, running a dis- tance of 1195 feet more or less along the Northeril property line and running a distance of 925 feet more or less along the ;@estern pro- Deri--v lino- q , i l I - - - @ - 4 - -I I ITEm'#12637 An Ordinance upon Application of Lakeside Construct-on Corporatioh for a Chanqe of Zoninq District Classification from B-2 Comnunity-Elusiness Dist- rict to R-6 Residential Di trict on certain property located on the North side of Sandbridge Road beginning at a point 1300 fee: more o- less East of Painters Lane, running a distance of 1087 feet more or less along the North side of Sandbridge Road, running a distance of 45@54.34 fe!et along the Eastern property line, running a distance of 783.93 feet in a Northwesterly direction, running a distance of 327.70 feet in a Northerly direction, running a distance of 1460 feet more or less in a Northwesterly direction, running a distance of 320 feet in a Southwesterly direction, running a distance of 250 feet in a Northwesterly direction, running ii distance of 2500 feet in a Southwesterly direction, running a distance of 140 feet in a Southeasterly direction, running a distance of 765 fE4t in a iouthwesterly direction, running a distance of 1306.55 feet in a So@theaste@ly direction and running a distance of 612.17 feet in a Southeastlrly dir?ction. Said parcel contains 180.4 acres. PRINCESS ANNE BOROUGH.I Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission t,y a recorded vote of 10 to deny this request. It was felt that his request is premature at this time. Mr. Grover C. Wriglit, Jr., Attorney, represerited the petitioner The following appeared in opposition: Mr. Allen Follmer, President of the LagcT.9ar CiFic League Reverend Malcolm Yaple, Minister of NimTro Chur@h Doctor Julius Goldsand, Sandbridae Civic Leacu@ Mrs. Helen W. Love, Back Bay Civi-c League Mr. Jaries Sydnor Councilman Payne indicated that he did agree with the conccpt of long range planning which ,he developer has proposed, and, also, agree that possibly this particular request will coine back to th @ Council !.n tlic-@ not too distaiit future, but witli the problems you wocild h@,ve with developjiieiit of tliis property, especially until 7e hav@ tlie Colliprehelisivc Land Use Plan adopted, wliicli @3liould be i.n iboi-it si@, t(:@ nine months. So until that time I fecl like tliis zoniiig requc-,st sliouj-(@ be helci ill abovoiicc until they have the opportunity to report to us'and @;,c have the opt)ortuiiity to adopt tllo Comprcllolisive Lanci Usci Plan, wliicli will ii-iclude recommeiidatioiis tliat ire coo3.-cliriated wi.th tl)e C,Ipital Improveir,,ejits Pro(iram, and I do kiio@v that tlio Ccnei-al Bontli Boulevird @s liigi in ldriori-ty oii tliis CIP, but I tliin@-. it's ill tlic@ tc)p 5 or si>, @;trc,(-,LE and liigh%,,ay c)n the priority list, so witli tliit iii mincl I do fe(@l likc it's a little premature aiid I do m@ike a Motioii tliat we deny 1)(!titiors 16 tlirough 25, secondn(I hv rniincilwoman fic@nleN,. Tlie recor-ete(I @,ote is as follows: Ayes: Councilmen F. Reid Ervin, George R. Fe-rell, Councilwollian Barbara M. Fenley, Clarence A. F,'olland, Vice 'ayor ' - Henry McCoy, Jr., Donald W. Merrick, Councilwoman I-leyera E Oberrd orf, J. Curtis Payiie, Roger L. Riggs, aiid Mayor Patrick L. Sandinc Nays: None Absent: Councilman Jolin A. Baum City Council voted to deny the above Petition of Lak@side Construction Corporation for a Cha e of zonin Distri,t C]assifi@ation from B-2 Community-Business-Di 3-St@L-c7E-o@ certain pro- perty located on tlie Nortl, side of Sandbridge Road bi.@ainning at a point 1300 feet nore or loss East of Painters Lane, runninc; -. a distance of 1087 feet more or less along tlie North side of SandDridge Road, riinning a dis- tance of 4554.34 foct along the Eastern property line!, running a dista!ice of 783.93 feet in a Northwesterly direction, rianning a distance of 327.70 feet in a Northerl,/ da .rection, running a distaiice of 1460 feet more or less in a NorthweSterlv - direction, running a dis 20 feot in a south- tan(:e of -@ westerly direction, runniiig a distance of 250 1-eet in a Nortliwesterly dir- ection, running a distance of 2500 feet in a Scuthwesterly direction, running a distance of 140 feet in a SO,theasteily dirEDction, rulinizic,, a distance of 765 feet in a Soutilwesterly direction, ruininq a distaiice Of 1306-55 feet in a Soutlieasterly direction and running a d]-stance of 612.17 feet in a Soutlieasterly direction. Said parcel conta ns 180.4 acres. Princ@.q.q Anne Rnr@,,-), I ITEM #12638 An Ordinance upon Application of Lakeside Construc-.ion Corporation for a C B@ange of lonn, listrict Classification from R-3 Resident-al District to C..."ity_ Business District on certain propert,( located on the North side of Princess Anne Road beginning at a point 330 feet mo-,e or less East of Oceana Boulevard, running a distance of 787.89 fee!t along the North side of Princess Anne Road, running a distance of 2055.99 feet al)ng the Eastern property line, running a distance of 553.69 feet alonc the Northern property line and running a distance of 1622.32 @eet alorig the Western property line. Said parcel contains 24.5 acres. P@INCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Coinmissior by a recorded vote of 10 to deny this request. It was felt that his reque t is premature at this time. Mr. Grover C. Wriglit, Jr., Attorney, repres@nted @he pe-litioner The following appear(,d in opposition: Mr. Allen Follmer, President of the La3omar (ivic League Reverend !4alcolm Yaple, Minister of Nimmo Chirch Doctor Julius Goldsand, Sandbridge Civic Lea(ue Mrs. Helen W. Love, Back Bay Civic League Mr. James Sydnor Councilmaii Payne indicated that he did agree with ihe concept of long range planning %.jhicla -,he developer has propo:;ed, ard, also, agree that possibly tliis particular request will comc b@ick- to the Council in tlie not too dis-laiit future, but with the problem:3 you @,ould have with development of this proijorty, especially unt@-1 we lavc the Comprehonsi%,c l,and Use Plaii adopted, slioul.d I)e i-n about si, to nine months. So until tliat time I fool like tliis zoi-iing roqu,,st shc tild be held iii al)e@,aiice until thoy have tlie oi)l@rtuiiity to report to us, aid we have the opporttinity to adol)t tli(@ ComL)i-chonsive, l,and ljse Plzn, whicli will i.nclude rccommendations tliat coor(-Iinated ,!j-th tli(@ Capital Improvem(Z!Ilts Progl7,im, and I do ki)ow tli@it tlie (-,cncril 13ootli Botil-L@va:-d is Iigh in priori-ty oii tliis CIP, but I tliiiik it's ii) tlie top 5 -or s@.x Strc ets and Hi-gliway on tlie priority list, so witli tli@it in minci I clo fec,]- Ii-ke it's a little premature and I do make a motion tliit wc, cleii,l petitions 16 througli 25, seconded by Councilwonian I'@eiilc,,@,. The rocc)rd,@d vot( is as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. fienley, Clareiice A. Hc)lland, Vi(@e flaycr J. Henry McCoy, Jr., Donald @,. i4errick, Councilwoman 14eyerzt E. Ob@rndorf, J. Curtis Pavne, Roger L. Riggs, and mayor Patrick Li StandLng Nays: None Absent: Councilman John A. Baum CitY Council voted to deny the on of Lakeside Construction Corporation for a Chance of Zc) Class--fication from R-3 Residential District to B-2 Co trict c)n certain pro- perty located on tlie North sid Anne Road beginning at a point 300 feet more or loss Ea Boulevard, running a distance of 787.89 feet along tlie North cess Arine Road, runninq a dis- tance of 2055.99 feet along th perty ]-ine, running a @istance of 553.69 feet along the North rn property line and running a distance of 1622.32 feet along the Western property line. Sai-d parcel contains 24.5 acres. PrinccsS Anne Borough. ITEM #12639 An Ordinance upon Application of Lakeside Construction C:rporation for a Chanqe of Zoninq District Classification from AG-1 Agriciltural District to B-2 Community-Business Districf on certain property l@cated 3100 feet more or less East of Oceana Boulevard beginning at a poini 60 feet more or less North of Proposed False Cape Parkway, runnincl a distince of 105 feet along the Western property line, running a distan(:e of 73) feet along the Northern property line, running a distance of 171 feet a ong the Eastern property line and running a distance of 726 leet aloig the Southern property line. Said parcel contains 2.3 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommehdation: A motion was passed unanimously by the Planning 0 missi)n by a recorded vote of 10 to deny this request. It was felt that @hims reqt est is premature at this time. Mr. Grover C. wright, Jr., Attorney, repr@sente6 the oetitioner The followihg aopeared in opposition: Mr. Allen Follmer, President of the lagomai Civic League Reverend Malcolm Yaple, Minister of l@immo Church Doctor Julius Goldsand, Sandbridge C:Lvic LEague Mrs. lielen W. Love, Back Bay Civic L(@ague Mr. James Sydnor Councilman Payne indicated that ]-ic did agre e wit@, the concept of long range plaiining %.ihich "he developcr lias proloscd, and, also, agre-C that possibly this particular rcqu(@st will come back t,D the Council in the not too distaiit future, IDut the problems yoL would have with development of t)iis prOPC'rty, CSIDC-'Ciall@, uy til w(: havc,. the Coiiipreliciisive Land ljse PI-ari adoi)tcd, wliich @,I,c)uld bo ii-i @bout E-:ix to niiie MC)nths. So until. that ti.me I fecl likc tIl.Ls zoni.no ]:ec uest Ehould be hel(i in aboyaiic:o until they have the opl)ortunity to rcport o us, and wo have the opportunity to adol)t tlie Coml)i--clieiisi.v(-, Li)i, Use rlan, whi-ch will inclucle recoinmeiadations tliat are coorcl-iiiated witli ihe Czilital Improvcmeiits Program, and I do kiiow that the Genera)- Bootli Boul(-,, ird is Iiigh in priori-ty oi) this cIP, but I tliirik it's iii tlie top 5 or six Streets aiad Higliwa@, on the priority list, so witli thit iii m-@nd I (lo feel like it's a little premature and I do make a motic)ii tlicit- we d(@n-y politioiis 16 througli 25, T@,,I,,, Ti@,, vCi-(@ iq fnllnk,,- Ayes: Councilmen F. Reid Ervin, George R. Ferr(ll, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Ma@or J. I'@enry '4cCoy, Jr., Donald @i. Merrick, Councilwoman Meyera E. (berndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick Staiding Na,,7s: None A.bsent: Councilman John A. Baum City Council voted to deny the above petition ol Lakeside Construction Corporation for a Chanqe of Zoning Distri--t Cla,sification from AG-1 Agricultural District @o B-2 Community-Bu3 ness 'strict on certain pro- perty located 3100 feet more or less East Of OCE!ana Boulevard beginnincy at a point 60 feet more or less North of @ropc)s(@d False Cape Parkway, I running a distance of 150 feet along the @7esteriL property line, running a distance of 730 feet along the Northern prope]-ty line, running a dis- tance of 170 feet along the Eastern prope-ty lirte anc, runnin(.7 a distance of 726 feet along the Soutliern property li.ne. @;aid parcel contains 2.3 ITFM #12640 An Ordinance upon Application of Lakeside Construction Col-poration for a Cla2!e oefs=llislrict Classifica'tion from AG-1 Agricultural District to 5 R District on certain property located 38;6 feet more or less East of Oceana Boulevard beginning at a poin: 35 fee!t more or less North of Proposed False Cape Pa-kway, running a dist,ince of -245 feet along the Western property line, running a distance )f 1594.62 feet in a Northeasterly direction, running a distance of 12@14.83 feet in a South- westerly direction, running a distance of 596.70 feet in i) Northwesterly direction, running a distance of 975.50 feet in a !outhwesterly direction and running a distance of 330 feet along the Southe-n prope-ty line. Said parcel contains 26.5 acres. PRINCESS AtiNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Ccmmissioi by a recorded vote of 10 to deny this request. It was felt that his reque;t is premature at this time. Mr. Grover C. @iright, Jr., Attorney, represen-led @lle petitioner The following appeared in opposition: Mr. Allen Follmer, President of the Lagomar ivic Leaclue Reverend Malcolm Yaple, Minister of Nimmo Chirch Doctor Julius Goldsand, Sandbridge Ci%ic Lealue- Mrs. fielen W. Love, Back Bay Civic LeEgue Mr. James Sydnor Councilman Payne indicated that he did agree with tie concept of long range pla,-ining which -he developer has proposed, an', also, agree that possibly tliis particular rcqucst will como back to :he Council in thc not too dis'-aiit future, ]:)ut witli the problems yoti w)uld have w@-th develol.@itient of tliis propei:ty, ejoecially until we h ive the Comprelicii--ive Land Use P]-ziii adoptcd, @.;hj-ch shoul-d I:)c in a]Dcut six to ninc, montl)s. So until that ti-mo I "eel lil@.e t-IiiF, zoniiiq rcqucst slio-ild be helci in abc,,,,-iico -ivc tlio ol)@)oi:tunity to rc-,port to u until thcy hL s, an' we have the opportunit@, to @idolit tli(, CoinlDr(21ionsive Land @se PI-ai, wliich will inclilde recommcndations tliat ire coorl'j.nated with tlic Capitil Improvemciit@- P)-ograp,,, an(! I do kliow that the Gencral Jlootli Boul-evalcl is hi-gh in priority cii this CIP, but I tliiiilz it's iii the top 5 or six Sti--C-,ts aiid iligliway oi) the i@riority list, so with that iii milid I clo feel llke it's a little premature and I do make a motion tliat we clen@ i,?ctitions 3-6 througli 25, seconded bv Cniinr..i@l@,,nmin Th(, vc)i-,c i@ is follows: Ayes: Councilmen F. Reid Ervin, George R. Ferre-1, Councilwoman Barbara M. flenley, Clarence A. Holland, vi@e May(r J. Henry @IcCoy, Jr., Donald W. Merrick, Councilwomai-i Meyer3. E. Olerndorf, j. Curtis Payne, Roger L. Riggs, and mayor Patrick L. Stancing Nays: None Absent: Councilman John A. Baum City Council voted to deny the above petition of Lakeside Construction Corporation for a Chanqe of zoning District Clas.,;ification from AG-1 Agricultural Distr ct @o R-5 Residential D@stric@: on certa-in property located 3826 feet more or less East of oceana Boi,.levard beginning at a point 35 feet more or less North of ProposCd Fal!;e Cape Parkway, running a distance of 1245 feet along the Western roper@:.y line, running a dis- f-@nr.,, of 1594.62 I-eet in a Northeasterly drrecti(,n, running a distaiice ITEM #12641 An Ordinance upon Application of Lakeside Construction Co-poration for a Change of Zoning District Classification from AG-1 Agricultural District to R-9 Residential Townhouse D strict on certain property l(cated 3100 feet more or less East of Oceana Boulevard beginning at @i point 10 feet more or less North of Proposed False Cape Parkway, running @l distan(,e of 1015 feet along the Western property line, running a distanc( of 610 feet along the Northern property line, running a distance of 1075 eet more@ or less along the Eastern property line and running a distance of 730 feet along the Southern property line. Said parcel contains 16.5 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning C missioii by a recorded vote of 10 to deny this request. It was felt that hims request is premature at this time. Mr. Grover C. Wright, Jr., Attorney, repres@nted :@he petitioner The following appeared in opposition; Mr. Allen Follmer, President of the Lagomar (ivic League Reverend Malcolm Yaple, Minister of Ninmo Chirch Doctor Julius Goldsand, Sandbridge Civ-@c Lea(ue Mrs. Helen W. Love, Back Bay Civic League Mr. James Sydnor Councilman Payne indicated that he did agree with the concept of long range planning whicl, 'he developer has propo,@ ed, ar,.J, also, agree that possibly this particular request will come be.ck to the Council in the not too distant future, but with the@ probleme YOU WDUld have witli developinent of this property, especially until we hive the Coriprehons ) a ive Land Use Plan adop'-ed, wl-lich shou-, be in abcut siy to nine months. ,30 until that time I feel like this zolaiiig requcst shoild be held in abeyance until the-y havc tlie c)pportunity t,.) report to us, anl iqe have thc opportunity to adopt tlie Comprohollsive Land Use Pla,i, wi-iich will include reconunendations that ilire coordi,,Lcd with thc Capit-ii IL'prove-,nents Proorain, and I do know tliat the (,o-ii(-,ral P@0c)Lli Bc)uleva)-d is hl:cjh in priority oil this CIP, but I tjiiiii, it's in tll(-, t p 5 0 si I - C) x Stre,@!ts and Iligliway on the priority list, SO With that in utilld I do feel 1.lke it's a little premature and I do niiake a inc)tion tliat le@ny petit ons 16 through 25, seconded by Councilwoiiian 1"(,iiley. Tlie recordel vote is as folloi,?s: Ayes: Councilmen F. Reid Ervin, George R. FerrelL, Councilwopian Barbara M. Henley, Clarence A. Holland, Vige Mayo-.J. Henry McCoy, Jr., Donald w. Merrick, Councilwoman tleyer4 E. Ob@rndorf, J. Curtis Payne, Roaer L. Riggs, and Mayor Patrick L.i Stand-ng Nays: None Absent: Councilman John A. Baum City Council voted to deny the above petitic)n of I-akeside Construction Corporation for a Change of Zonin Di str ct Class---fication from AG-1 g l.t to t Agricultural Distr R-9 Re den ialIT.TnhOUSE@ 'strict on certain property located 3100 feet more or less East of Oc:eana Boulevard be- ginning at a point 210 feet more or less North of ProDosed False Cape Parkway, running a distance of 1015 feet al:,ng thE! Western property line, running a distance of 610 feet along :-I-ie Noy.,thern property line running a distance of 1075 feet more or les@ alond the Eastern prop r' line c ty .and running a distance of 7@n f@@+- I TEM An Ordinance upon Application of Lakeside Construction C,@rporation for a Chan e of Zoning District Classification from AG-1 Agriciltural District to R!6 'R esiden tial District on certain property l(icated 1520 feet more or less East of Oceana Boulevard beginning at a poini, 2430 feet more or less North of Princess Anne Road, running a distance ol' 1587.0,3 feet along the Southern property line, running a distance of 1120 feet a@long the Eastern property line, running a distance of 2117.70 f--4.- alorig the Northern property line, running a distance of 550 feet in a[@outhea!;terly direction and running a distance of 550 feet in a Southerly,direction. Said parcel contains 34.8 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning issi)n by a recorded vote of 10 to deny this request. It was felt that@.imsmreqLeSt is premature at this time. Mr. Grover C. @qright, Jr., Attorney, reprdsented the petitioner The following appeared in opposition: 14r. Allen Follmer, President of the agomar Civic League Reverend 4alcolm Yaple, Minister of immo Ciurch Doctor Julius Goldsand, Sandbridge c vic Leigue Mrs. Ilelen W. Love, Back Bay Civic L ague Mr. James Sydnor Couiacilman Payne indicated that hc dici @tgrel@ witli the concept of long range planning %,Ihich @he developer has propsecl, -Lnd, also, agree that possibly tliis particular request will come Dack t:, the Counc.-il in thc not too distant futu--e, ]:)ut wi-Ili the proble-as yc)u would have %,7itli dev(-,lopinont of tliis property, ospec:iali@, tintil we havc the Conipreliciisive Laricl Use Plan acloldto(l, -,,,hicli f-,Iic)ul-@, I)u ill a,)ou@l, si.x to nine months. So unt4-]- that ti.iii-- I feel like tliis zc)niiig rCCl LIC'.; t. s -toiild I)e helcl in al)cyal-icc@ iintil thc-@y havc tlie o])I)C)rtul)it@, to rc,,Dort t) iis, -Lild wc, llivo the OI)por-luiii.i:y to adopt tiic-, L.aiica Uso Pi,aii, whicli will includc@ recoinmeiidatioiis tliat ire cooi-c@iiiatel witli t@ie CIl@i.tal Imprc)vc2ments and I do kiio@v tliall tlie Cciloral "30c@til Bc)ulcv@ird is Iiigii in priority Oil tliis CIP, but I tliiiik -i.t's in 11-lic tol) 5 or six Strc-cts axid Iii.gliwEly on tlie priori-,y list, @jo .,7itli Ilhi'l- ii-@ m.ino, T cl-) f(@ol li.k,-, it's a litt-le premature aiid I clo mike a rioi--i(@ii 'Lliat %@c@ clc-,i@y peti.tic)ns 16 t)irollcjll 25, Lie seconded by Councilwoiliaii Th@ r(@c 1-@i cl vo is as follows: Ayes: Councilmen F. Reid Ervin, Georae R. Ferre.1, Councilwomall Barbara M. Henley, Clarence A. Holland, Vi e May(r J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyer E. Olerndorf, J. Curtis Payne, Roger L. l@iggs, anci Mayor Patrick Li. Stan( ing Nays: @lone Absent: Councilman John A. Baum City Council voted to deny the above petition of Lakeside Construction Corporation for a ninc, District Clas! ification from AG-1 Agricultural District to R-6 Residential Distric . on certain propert@, located 1520 feet more or less East of Oceana Boi[levard beginnino at a point 2430 feet more or less North of Princess Al.ne Road, running a clis- tance of 1587.03 feet along the Southern -Irooert,, line, running a dis'ance of 1120 feet along the Eastern property line, rU] Lning a distance o@@ 2117.70 feet along the t@orthlrn i@roperty line, ru@iiing a distance of 550 foct in a Soutlicastcrly directioi-i aiid --unning a dis@ance o@' 550 fep-t in a Soutilerly - -' I .- - - - - I- - - 1- - ' ., - I A0 A . . . ITEM #12643 An Ordinance upon Application of Lakeside Construi:tion Ccrporation for a Chanqe of Zoninq District Classification from B-2 Communit.@,-Business Dist- rict to R-6 Residential District on Fer-tain propert,,t locate.1 1340 feet East of Oceana Boulevard beginning at a point 2084.51 feet Ncrth of Princess Anne Road, running a distance of 385.51 feet alorg the @estern property line, running a distance of 1841.67 feet along the Northeri property line, running a distance of 70 feet along the Eastern projerty Ii ie and running a distance of 1775.20 feet along the Southern prop(rty lin@. Said parcel contains 11 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning issi(n by a recorded vote of 10 to deny this request. It was felt that requ!st is premature at this time. Mr. Grover C. Wright, Jr., Attorney, repr ted the petitioner. The following al3peared in opposition: Mr. Allen Follmer, President of the L@igomar -ivic League Reverend Malcolm Yaple, Minister of N. -mmo Cturcii Doctor Julius Goldsand, Sandbridge Ci-7ic Lezguc Mrs. '@ielen W. Love, Back Bay Civic Le.igue Mr. James Sydnor Councilman Payne indicated that he did agree with --he concept of long range pla,-ining which '@he developer lias proposed, aid, also, agree that possibly tliis particular request will come back to the Couilcil in the iiot too distaiit future, but witli the problerns you 7ould have witli developineiit of this prcperty, csidecially until we i,,ve thc CoripreiicnsiIc, L,and Uce Plan adol)tcd, wilich sslio@11(i be in al)z)ut si , to ni.ne 'IonLhs. S o unti-1 tliat time I fc(,l likc-, tliis zc)r@iiig request sh-)ul.d be helcl in until they 1-iavc tlic-, opi.)oi-tunit@, to report to us, a-ld wc, have tilic, OI)portunity to adc)p'@- tlie Coniprclicnsi,ic) Land Use Pl]Ln, wliicli will iiiclu-1-0 reconimendations tliat arc coorc,:inateci witli tlio C&ipilal improxeinc-,ilts and I dc) kiiow tlia,- tl)e General Pc)otli Boul,-,-,,ard is -iigla in priori,-,v cli this CIII, but I tliiiil, it's iii tlie top 5 or s:-,,: Str@!ets and iiighway on the priority list, so witli tliit in mind I clo feel I.i-ke "t's a littlc, prelDature and I do make a motion that we (lon,y peti :iol-is 16 tllrough 25, ,seconded bv Coiincilwoman Tlie i-cc-. i@q P@S follol,7s: Ayes: Councilmen F. Reid Ervin, George R. Ferre-1, Councilwoman Barbara M. Henley, Clarence A. Holland, Vi e 14ay(r J. Henry McCoy, Jr., Donald ',q. Merrick, CouncilwoT.9an Meyer E. Olerndorf, J. C@irtis Payne, Roger L. Riggs, and Mayor Patrick L Stan(ing 14ays: None Absent: Councilman John A. Baum City Council voted to deny the above petit.on of Lakeside Construction Corporation for a Change of Zoning Distric: ClasEification from B-2 Community-Business District to R-6 Residen-ial District on certaiii pro- perty located 1340 feet East of Oceana Bou-evard beginning at a point 2084.51 feet North of Princess Anne Road, -unninc a distance of 3@05.51 feet along the lqestern property line, runn.ng a C-@istance of 1841.67 feet along the Northern prol.)erty line, running distance of 70 feet along tho Eastern property line and running a distar,,e of 1775.20 feet along the Southern property line. Said parcel conta..ns 11 acres. Princess Anne Borough. t Clas5ification i-roT,@l K--) Corporation for aichange of Zonin g "Istrlc n certin property Residential Distr ct to P,-6 .Sidntial D@ tict located 755-05 feet East of oceana Boulev@rd beglnning at a point 1642. 58 feet North of Princess Anne Road, runnir j a distance of 1261.4 3 feet along the @,@estern property line, runr.ing a aistance of 810 feet along the Northern property line, running a dist:ince of 550 @eet in a Southerly direction, running a distance of 282 f E!et in a lqesterly dir- 1. -. iin @l f@@+- i@ @ @-)iit-lieri-v direction and ITEM #12644 An Ordinance upon Application of Lakeside Construc: ion Cor )oration for a Clange o R-3 R(@sidential District to f 'On' R_6 Re,i dentia locat:d 755.(15 feet East of Oceana Bouleva feet liorth o: Princess Anne Road, running ng the 14estern property line, running a distahce of 810 feet along he Northern pi,operty ' ine, running a distance of 550 feet in a Southerly direction, runling a (iistance of 282 feet in a Westerly direction, running a distanCE of 32 .53 feet in a Southerly direction and running a distance of !i53.69 eet along the Southern property line. Said parcel contains 18.2 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning C(ITImissio by a recorded vote of 10 to deny this request. It was felt that h s requ(@t is premature at this time. Mr. Grover C. Wright, Jr., Attorney, repreEDnted che petitioner The following appeared in opposition: Mr. Allen Follmer, Presiden'@ of the LE.gomar ivic League Reverend Malcolm Yaple, 14inister of Ni.mmo Ch rch Doctor Julius Goldsand, Sandbridge Cii,ic Lea ue Mrs. lielen W. Love, Back Bay Civic Le@igue Mr. James Sydnor Councilman Payne indicated that hc did agree with 'he conccpt of lolicj - developer has propoc;cd, a d, also, agree that range planning whicli 'he possibly this i)articular i-cquest @,,ill come b@ick to the Council iii thc not too distaiit future, hut will-h tlic, prol:)lern!; you @,ould havc witli deve]-ol,-,Fr,ent c,,f t'lis I)roiDerty, es,T.Dccially unt:-l we . ave thc Copiprclionsiv(-, Land Use Plan adoptcd, wllicil shc)ulcl bc i.n abc)ut si,: to nin(@ rtonths. 0 until that time I feel like this zoning roqu(@st sh:,u]-d lDe h(-,l@l in a!j(-,@,ancL@ uiitil they have tlie ol)portuiiity to report to us, a-id we liave th c)lDoortunity to adopt tlie Cortiproliciisi.ve Lajid ljse Pl:Lii, w@iicla inclu@c2 rc-commeiidations tliat are coordinated witli th(, Capii-.,il Improv(,men@ Pro(.,,r-,ii, and I do kno@,, thzit tlie Gciioral. Bootli Bouleva-d is ):i-gh iri priol.-ii-@, oi-, this CIP, but I tliii-ik it's iii the top 5 or s@Lx Str:,Ots and iiigl-i%,Iay or, tlie priori-ty '@ist, so with tliat in inind I dc feel - i.k(- it's a little prcm,iture aiid -1 do make a mollioll that we der,@ petii--ions 16 through 25, seconded by Councillwonian 9'ii(, ,q i@ @,@ Ayes: Councilmen F. Reid Ervin, George R. Ferre-1, Councilwoman Barbara M. lienley, Clarence A. Holland, Vi e @lay(r J. Henry ilIcCoy, Jr., Donald W. Merriclc, Councilwoman Meyer E. Olerndorf, J. Curtis and Mayor Patrick L ; Payne, Roger L. Riggs, Stan(ing Nays: None Absent: Councilman John A. Baum City Council voted to deny the above IDetitLon of Lakeside Construction Corporation for a Chan of Zoninq Distric- Clas.;ification from R-3 Residential Distr ic t tge R-6 Resia ntial Di@@tr@ict n certain property located 755.05 feet East of Oceana Bouleva-d begi.nning at a point 1642.58 feet @@orth of Princess Anne Road, -unnin:F a distance of 1261.43 feet along the 1,4estern propertv line, runnlng a :Iistance of 810 feet along the Northern property line, running a dist-ince of 550 feet in a Southerly direction, running a distance o4 282 f@et in a @qesterly dir- 1. . --- -- -1 ,n @l f@,f- @@ @ -, iit--Iierl-v direction and ITEM #12645 Application of R. W. Breeden for the discontinuanc:, clostre and abandon ment of a portion of North Great Neck Road beginni:g at tte Northern inter- section of North Great Road and Old Great Neck Roa:, running a distance ol@ 547.46 feet along the Western property line, runni-g a di@tance of 42.11 feet along the Northern property line, running a distance Df 412.73 feet along the Eastern property line and running a dist@nce of 155.40 feet in a Southwesterly direction. Plats with more detailed informztion are available in the Department of Planning. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Cormissior by a recorded vote of 11 to approve this request subject to the Jedicat-' n of a permanent drainage and utility easement over the entire area contaii d within the pro- posed closure and the necessary private utility ea.3ements ill be required for the VEPCO facilities located within this area. 14r..Grover C. wright, Jr., Attorney, repres;nted [he petitioner on motion by Councilman merrick, seconded b Coun:@ilman Riggs, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin George R. @'errel , Councilwoman Barbara M. Henley, Clarence A. @olland, Vic@ Mayo J. @ienry McCoy, Jr., Donald W. 14errick, Councilwoman Meyera E. Ob rndorf, J. Curtis Payne, Roger L. Riggs, and mayor Patrick L. Stand ng Nays: @lone Absent: Councilman John A. Baum City Council voted to approve the followinc ordin nce closing, vacating and discontinuing a portion of GrEat lqec Road, in the Lynnhaven Borough; subject to the followinc stipu ations: Reservation of a permanent drai ,iaqe ad utility easement over the entire are contained ,iithin the proposed losur and the necessary private util ty ea e- ments will be required for thE! VEPCO facilities located within thie area. 33869 BOOK 1965 pAcE ITEM #12645 Application of R. W. Breeden for the discontinuan,e closur@ and abandon- ment of a portion of North Great Neck Road beginnin, at th(3 Northern inter- section of North Great Road and Old Great Neck Road runninj a distance of 547.46 feet along the Western property line, runnin( a distince of 42.11 feet along the Northern property line, running a di!tarce O' 412.73 feet along the Eastern property line and running a dista,ce of 135.40 feet in a Southwesterly direction. Plats with more detailed -nformat on are available in the Department of Planning. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Coauiission y a recorded vote of 11 to approve this request subject to the d(!Jicatio of a permanent drainage and utility easement over the entire area (:ontaine within the pro- posed closure and the necessary private utility eas(,T,,ents w 11 be required for the VEPCO facilities located within this area. Mr. Grover C. wright, Jr., Attorney, represe@ited t]@e petitioner on motion by Coiincilrian Merrick, seconded by Counc lman Riggs, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. F@Irrell Councilwoman Barbara M. Heiiley, Cl@irence A. floiland, vice Mayor J. i,enry McCoy, Jr., Doiiald @q. Plerrick, Councilwoman Meyera 1,. Obe:ndorf, J. Curtis Roger L. Rig(js, and Mayor Patricl@ L. !;tandi g Nays: lione Absent: Councilman John A. Baum City Council voted to approve the following )rdinalce closing, vacating and discontinuilig a portion of Grez: Neck Road, in the Lynnhaven Borough; subject to the follo@,,ing 3tipul@itions: Reservation of a permanent drain acfe an I utility easement over the enti2:@ area c6ntained within tlie proposed closure and the necessary private utili y eas@- ments will be required for the EPCO facilities located within this rea. BOOK 196-5 rAtf745 IN TliE MATTER OF CLOSING, VACAI'IXG: AND DISCONTINUING A POIZTION OF P E I I T I 0 N AD TO: TI-IE MAYOR AND TIIE %IE,%IBFRS OF I'IIE C )UNCIL OF TliE CITY OF VIRGINTA BFACii, VIRGINIA: Petitioner, Ramon 11. Breeden, Jr., respe.tfully repre,,Cnts: 1. That purstiant to the provision! of S:ction 15.1-364 of tlie Code of Virginia, 19SO, as amend(d the sai.d petitioner applies for thc vacatin.-, closing and d:scont'nuing of a portion of a certaiii road situate in the Borougli of L,iinliavell, City of Virginia Beach, Virgiiiia, and described as follolqs: ALL TIIAT CER'RAIN portion of Cre@it Necl Izoad Is appcars oii thit cc,,rtain pl@it onl@i.tled@ "PLA'I' SIIOI@ING CLOSING O@\1 GRI:A'F NI@CK ROAI) ANI) l"TC@li'J' :@ IVAY l'O BI-@ ACQUIIZT';D ]7iZO@l I)IZ.,@I)EN D]-IVE-I,Oll,'iFN COI',]), D,@'Fr: 2-11--78 SCAI,E: ll'=SOI I)TV SION I 01-@ PUBLIC IVOT@KS" i@Iiicli 1)]@it is oii ile i@ tlic DLpartniciit of I)ublic IVorks, Officc of lzeil l@stat@. 2. Tlitt no iiicoiivcniciice i@ill rcsiilt to aily I)crson by ceason of tlie said closiiig, vacatijil, an(I disc@iltiniii.ng of tliis ,)ortion of said road, aiid potiti.ollor ])r@t),s tli 'c tliis Iloiior@ible I@ouiicil il)poini@ Vici,,crs as I)Yoviciod by -]ic af:rcsaid statute to iciq tl)o I)ortion of t)ic said ro@ld to be close and rc,@l)ort in @"ri.ti.ng to this Council on or before 1978, hether iii tlic opinioii of tlie said aii , ind if ally, hat incoiivenionce iiould result froiii th disc ntiiiuiiig of tliis ortioii of said road. 3. That on tlie day of 1978, otices of tlie prosentiiig of tliis applj-iation ivere posted @it the ourtliousc of tlie Circuit Court of tlie lit), o:- Virginia Be@icli, irgiiiia, and it ti,,o otli(-,r pul)lic plice ; iiitli:.n tl)e said Cit),, @is cvidenced 1)@- @lio afficl,,ivit attaclic,.cl @iereto Iild a cop), of aid noticc, i, @.lic laiidoi@ncrs ilciig ,iiid ,idj@Lcciit to said strcet esire aii(l- rcc, t tlic said portioli-of--( Lit "eck Road to be closed.11 IIESTIEC"I:tli,I,Y Sur,@%lil fl@.D@ aook 1965 PAGE OIZDINANCE APPOINTI@!G VIEII @S WHEREAS, Ramon IV. Breeden, Jr. has given due and proper notice, in accordaiice with thc statut(s for such cases madc and provided, tliat it would on this day alply tc the City Coulicil of the City of Virginia Beach, Virgin.a, foi the appointmcnt of viewers to vi.ew t)ie below describe( propcrty and report in writing to the Counci'l wlictlier, in th( opinion of said viewers, say, and if any, what inconveiiience w(uld r(sult froin the discontiiiui.ng of the horei.nafter desciibed lortion of Great Neck Road in tlie Lyiinliaven BoroLigh of the City of Virgi-nil Boach, Vi@giiiia, aiid have filcd sucli applica ion w'ltli the said Colincil. NOIVI Tll]-REFORF, BE IT ORDAINED BY THI COUNCIL OF TIIE CITY OF VIRGINIA BEACfl, VIRGINIA: l@li,it C. Oral L@iiDIDert Coor re E. 'I'iniies, ai)ci RolDert J. Scott are liorc,.])), appoiiltcd to iricii tl)c bclo,, desci ibcd property and ropoi-t iii iq)-iting to tl)e CoLiilcil oil o@ bofolc wl)etlicr in theii, ol)inion, any, aiif if aiiy, iliat iiicoii\rcniciice wotild rosult frori tlic discontiiiuing, :losin an(I vacating of tliat cort@iin portioii of Grozit Nocl,- Roid, lo(ated in the Boyougli of Lynnliaven, City of Virginia Beacla, Virgi.iia, and dcscril)cd as follolqs: ALL THAT CERTAIN I)oytion of Gr-at Ne,k Izoad as al)pc,ars on tliit cortaiii plat c.titlct@: "PLAT Si]OIVING (:LOSIJPF ON GIZEAT NYCK -IOAD A:,D PIGHT OF I';AY 'FO BE ACQUII@l:[) FRO'\1 DIZ@@KDEN DE\7y--L(@P@IENT COIZP. DATE 2-17-IS SCAI,I,: i"=SO', E,Gl,@,EEIIING DIVISIO@' DEPARI'i%IEN'f OF PITBII,IC L@ORKS" l@Iiicli pl@it is oil file in tlie DopartiTicjat of Public l"'oi),s, O@@fice of Real Estate. BOOK1965 PACEI,17 AN ORDINANCE O-LOSING, VACAT NG AND DISCONTINUING A PORTI.'@ OF REAT NECK ROAI), LYNNIIAVEN OIZOUG@, CITY OF VIRGINIA BEACII, VI]GINIA W]iEREAS, proper notice that Raion W. Breeden, Jr., would niake al)plication to the City Co,ncil @f the City of Virginia Beach, Virginia, to have the hereinafler po@tion of Great Neck Road closed, vacated and discontinued as a ublic road of thc City of Virgiiiia Beach @ias duly poste: at t e Courthouse of tlie Circui-t Court and at two public place! in t c City of Virginia Bcac)il Virginia on day of 1978. IVHEREAS, the laiid proprietors @iffect@d thereby have ,bee,, luly notili,d; ar)d, IVIiE-RE,AS, said applicatioii iqas iade t@, the City Plalinin.@ Cofliniissioii and to tllc Cit), Couiicil an[ purs fant to tlie statutes iii sucli casc,,s niade all(I provided, tlie ounci. appointed Viewei,s wlio have reportod to tlie Council tliat no in onveniciice to tlie public or to privato iii(lividiiils ivoul(I resu@t froin sucli closi.ng, vac@itioii, aii(I discoiitiiiiiii)cc; and, I%'IiERF;AS, tlie City Plaiini,jig Coriiiiissio aftor prol)er noticc ziiid licariiig, lias reportcd tlicri@on to tlie Council; and IV]iElZEAS, i@t is tlie jud(,@iiient of the C uncil tliat said porti.on of Great Ncck Road shotild be ilosed vacated and discoritinuod; noiq tlioreforc BE I'F ORDAINED 13)' TtiE COUNCII@ l@' TIIE CITY OF VIRGINIA BEACIJ, VIRGliNIA: 1. That tlie certain portion oF said Road described as folloi@s in tlio Lyiiiiiiavcii Borough of tic Cit, of Virginia Beacli is liereby closed, vacatod aiid disconti.nued s a public road of tl)c Ci-ty of Virginia Boacli, saicl c,rtlin portion of road not I)cjng i)ccdo,(l for ptibl.ic tiso iiid BooKl965 mcr748 ALL THPT CERT;%IN Dor--2-on 0Great Neck Road appcarc; or, tilat certain p@-at entitled: P.Ll@T NECII, ROI@D "PLAT Sllc),Iqjl,@G CLO@-URE O@-4 G @' RIGII" CF l,'AY TO B:,] AcC)UI!@@D FP,014 DPADEI@ A@ID I I DEVELOPI,Il@:'!T CO-,@,p. D'@TE 2-17-78 SCALE: 1"= 50-, ENGINEERING DIVIIIGN D-IPARTMENT OF PUBLIC WORKS" which plat is on file in the Department of Public Works, Officc of Real Estate. 2. That 30 days after this date a copy of this Ordinaiice, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit court of the City of Virginia Beacli and indexed in like manner as a deed to lands. All expeiises of recordation shall be paid by the petitioner. Adopted by the Council- of the City of Virginia Beach on tlie 28tli day of Au tif, 1978. Closui7c subjoet to tlj--, follc)wing stipulations: Resci:vatioii of a TDerm@iroiit drainage ind utility (2@isciiialit ovc@r I-lic@ ontii-c,, ar(-,, coi)t, ined witliiii thc-, I)ropo@;ocl closure ziiicl n(3cessar@, private utility easem(,nts ,@i.11 )Jo rociuirod for tlie VEPCO facilities located %,jitliin this irea. Certified to be a true excerpt fror, the minutes of the Cit, Council of the City of Virginia Beach, Virginia, approved August 2'8, 1978. Ruth Hodges Smith, City Clerk Of in,t,?inic,it u"@ "t""t tbe ............ 7-97@. , j 5,,,5 l@ ii (de. it .. ..... ."II,, t... f ..................... . ................ A-@zz jo[,UV V..FIATK" Ci-k N TliE MATTER 01@ CLOSING, VACATING: ,4ND DISCONTINUING A PORTION OF P E T I T I 0 N GREAI' NECK IZOAD 0: THE MAYOR AND THE I@EMBERS OF I'HE COUNCIL OF THE CITY OF VIRGINIA BEACii, VIRGINIA: Petitioner, Ramon W. Breeden, Jr., respectful.ly represents: 1. That pursuant to the provisions of Section 15.1-364 of tlie Code of Virginia, 19SO, as amended the said petitioner applies for thc vacating, closing aiid discontinuing of a portion of a certaiii road situate in the Borough of Lynnhaven, City of Virginia Beach, Virginia, and described as follows: ALL THAT CERTAIN portion of Great Neck Izoad as appears oii that certain plat entitled: "PLAT SI-IOWING CLOSING ON GRFAT NECK ROAD AND RlGfiT OF IVAY TO BE ACQUIIZED 1,1@O@4 I)fZADF,,N Dl--VELOI),NIENT CORP. DATE 2-21-78 SCALE: 1"=50, 1 ENGINEF-,IZIN'@', DIVISION DEPART@IENT OF PUBLIC IVORKS" wliicii plat is on file iii tlie Department of Public Works, Office of Izeal Estate. 2. Tliat no inconveniciice will result to aiiy person by eason of tlie said closiiig, vacatijig and discontinuing of tlii.s @lortion of said road, aiid petiti.oiier prays thit this lionorlble ,Louncil appoint@ Viewers as provided by ',:he aforesaid statutc,. to ion of tlie said road to be closed and report in ew the Port ri-ti-ng to this Council on or before 1 1978) @hether in the opinion of the said Vieiver, any, and if any, hat incciiveni.ence would result froir the discontinuing of this ortion of said road. 3. That on tlie day of 1978, otices of the presenting of this appli-cation were posted at the ourthouso of tlie Circuit Court of tlie Cit), of Virginia Beacli, irginia, and a.t two other public places witliin tlie said City, @l-@ o,,,idenced by tlie affidavit attnclio,(l liereto, aiid a copy of aid notice, ajid tlie lan(loiTncrs aloiig aiid adjticeiit to said street csire and rcqtost tlie saicl portilon-,o-f--C-reat Neck Road to be closed.@@ RESPECTI@ -t,LY S[JB@Ill'TI@, OIZDINANCE APPOINTING VIEWERS WHEREAS, Ramon W. Breeden, Jr. has given due and proper notice, in accordance with t he statutes for such cases made and provided, that i.t would on this day apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of viewers to vi.ew the below described propertv and report in writing to the Council whetlier, in the opinion of said viewers, say, and if any, what inconvenience would result from the discontiiiuing of the hereinafter described portion of Great Neck Road in tlie Lyiinhavon Boroi-igh of the City of Virgi-nia Beach, Virginia, and have filed sucli application with the said Council. NOW, T]IEREFORE, BE II' ORDAINIED BY THE COUNCIL OF TFIE CITY @OF VIRGINIA BEACH, VIRGINIA: Tliit C. Oral L@i )e@rt,_Gcorqc. E. Tinnes, aiid Robert J. Scott--- are hereby appointed to viei-i the I)clow describod property and report iii writi.ng to tlie C:otincil oil or before wliether in theii- ol)inion, any, anf if aiiy, what inconvenience wotild result fron tlie, discontiiiuing, closing and vacatina, of tliat certain portioii of Great Neck Road, located in the Borough of Lynnliaven, City of Virginia Beach, Virginia, and described as follows: ALL THAT CERTAIN portion of Great Neck Izoad as appears on that certaiii plat entitled: "PLAT SliOWING CLOSURE ON GI@EAI' NECK ROAD AND RIGHT OF WAY TO BE ACQULRED FRO@L DRADEN DEVELOP@IENT CORP. DATE 2-1-/-78 SCALE: 1"=50', ENGli\TEERING DIVISION DEPART@IENT OF PIIBLIC L@ORKS" ivliich plat is on file in the Departineiat of Public l;orks, Office of Real Estate. AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF GREAT NECK ROAD, LYNNHAVEN BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that Ramon W. Breeden, Jr., 'would make application to the City Council of the City of Virginia lBeach, Virginia, to have the hereinafter portion of Great Neck Road closed, vacated and discontinued as a public road of the City of Virginia Beach was duly posted at the Courthouse of the Circuit Court and at two public places in the City of Virginia Beach, Virginia on day of 1978. WHEREAS, the laiid proprietors affected thereby have been duly notified; and, WHEREAS, said application was made to the City Planning Comniission and to the City Council aDd pursuant to the statutes @in sucli cases niade and piovided, tlie Couiicil appointed Viewers @who have reported to t)ie Council tliat no inconvenieiice to the public or to private individiiils Aqould result from sucli closi.lig, vacation, aiid discoiitintiance; and, IQHEREAS, tlie City Plaiini.iij,, Coniinission after proper notice and heariiig, has reported tliereon to the Council; and WHEREAS it is tlie judgment of the Council that said portion of GTeat Neck Road should be closed, vacated and discontinued; now therefore BE IT ORDAINED BY THE C:OUNCIL Ol,- TliE CTTY OF VIRGINIA BEACH, VIRGINIA: 1. That the certain portion of said Road described as ifolloiqs in the Lyniihaven Borough of the City of Virginia Beacli is hereby closed, vacated and. discontinued as a public road @of the City of Virginia Beach, said certain portion of Toad ,not being i)oocled foi- ptibl.ic u-,;c, aild travel. ,@L THAT CERTAIN port-ion o.- Great Neck Road as appears on tiaat certain p'at entitled: PLAT SIIOWING CLOSU.RE ON GPIEAT NECK ROAD AND RIGliT OF WAY TO BE ACQUIRED FROM DRADEN DEVELOPIAEIIT COPII. DATE 2-17-76 SCA-LE: 1"= 50', ENGINW-ERING DIVLSION DEPARTMENT OF PUBLIC WORKS" whi-ch plat is on file in the Department of Public Works, office of Real Estate. 2. That 30 days after this date a copy of this Ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit court of the City of Virginia Beach and indexed iii like manner as a deed to lands. All expeiises of recordation shall be paid by the petitioner. Adoptcd b@, the Council- of the City of Virginia Beach on tlic 28tll_ day of tist 1978. Closure subject to tho following stipul-ations: Reservatioii of a pcriii@ircilt clraiiiage aild utility (-,asoll!cllt ovc-Ir 1--lic, olitirc Eirea colItaj-nCd withiii tl)c I)roposecl clostii:o ziiid tlie nccess@iry private utility easciii('iits ho rc,.qui.i:ed for tlie VEPCO facilitics locited %,iitliin this @irea. ITEM #12646 on motion by Councilman Ferrell, seconded by vice mayor McCoy, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald @i. Merrick, Councilwoman 14eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and @layor Patrick L. Standing Nays: ',4one Absent: Councilman John A. Baum City Council voted to approve the following ordinance to amend and reordain Division 3 of Article III, of Chapter 2 of the City Code relating to administration of tlie basic pay plan: REQUESTED BY: CITY ',IANAGEP/DIRECTOR OF PERSONNEL AN ORDINANCE TO AMEND AND REORDAIN DIVISION 3 OF ARTICLE III OF CRAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BFACH, VIRGINIA, RELATING TO ADMINISTRATION OF THE BASIC PAY PLAN. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA: That Division 3, of Article TII, of Chapter 2 of the Code of the City of Virginia Beach, Virginia, is amended and reordained as follows: DIVISION 3. ADMINISTRATTON OF BASIC PAY PLAN Sec. 2-33. Definitions. For the purposes of this division, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them in this section: (a) Permanent employee. A permanent employee shall be defined as a City employee who is to be employed in a position for an indefinite time period and who has completed the required probationary period as provided in Sec. 2-35. (b) Probational employee. A probational employee shall be defined as a City employee who is employed in a position for an indefinite time period and who has not as yet completed the required probationary period as provided in Sec. 2-35. (c) Temporary employee. A temporary employee shall be defined as a City employee who is employed in a position in which the length of employment is fixed. (d) Part-time employee. A part-time employee shall be defined as a City employee who is scheduled to actually work less than 35 hours per consecutive work week. (e) Full-time employee. A full-time employee shall be defined as a City employee who is scheduled to actually work 35 hours or more per consecutive work week. (f) Class. A grouping of job@having similar duties and responsibilities, requiring similar knowledges, skills and abilities and demanding similar qualifi- cations so that they may be appropriately titled, described and compensated the same. (g) Range. The minimum through maximum and longevity salary levels assigned to a class. Sec. 2-34. Employment with the City (a) Original employment shall be the status of an ee'@ initial period of continuous employment with the City of Virginia Beach. An individual beginning employment for the first time shall usually be placed at the first step of the pay range established for the class in which employed. Occasionally, however, based on a new employee's prior experience and proficiency in the same or related capacity, placement may be accelerated up to and including the (C) step of the assigned range upon recommendation by the employing authority and approval of the Director of Personnel. The effective date of original employment shall be the first day of the probation@ry period. (b) Reemployment shall be the status of the returning employee's employment period following a separation from City employment of more than thirty (30) consecutive calendar days from the date of separation. A new anniversary date shall be effective one year from the first day of the pay period following the return to service. Such anniversary date shall be the basis for computation of all merit increases and other salary adjustments. A returning employee who is reemployed shall be usually placed at the (A) step of the position's approved pay range. Occasionally, however, based on the returning employee's prior proficiency and experience in the same or related capacity, an acceleration of up to and including the (C) step of the assigned range may be made upon recommendation by the employing authority and approval of the Director of Personnel. All time earned in previous employment shall not be counted towards leave, service awards, or other longevity based employment conditions or benefits. Rather, only that time earned following actual reemployment shall be counted. (c) Reinstatement shall be the status of the returning employee's employment period following a return to duty with the merit service of the City within thirty (30) consecutive calendar davs from the date of separation from the merit service. The appropriate pav step within the approved range of the class and anniversary date for all reinstated employees shall-be determined by the Director of Personnel. All time -ed previous to reinstatement shall be counted towards the probationary period, annual leave, service awards, etc. However, the actual time missed prior to reinstatement shall be discounted from actual annual leave accrual to the nearest pay period. -2- Section 2-35. Probation. The probationary period for employees shall be the inital six (6) calendar months (twelve (12) calendar months for sworn police, fire and grant personnel) of employment following an original employment or reemployment. Section 2-36. Changes in employees pay. (a) An Administrative increase shall be a one step increase within the pay range of a class that is awarded to an employee displaying exceptionally outstanding meritorious service. upon submission of a letter of justification by the respective department head to the Director of Personnel, subject to the approval of the City Manager., An admini- strative increase does not affect the emplovee's anniversarv date except when such adjustment involves a longevity step. Administrative increases shall only be awarded to full-time permanent employees. (b) Merit Tncrease shall be an increase of one step within the pay range of a class that is awarded to an employee upon the completion of twelve (12) calendar months of successful job performance in that class. Merit increases may become effective on or after the employee's anniversarv date. This increase is not auto- matically awarded, but is given based on job performance. Should a merit increase be delayed, the employee's anniversary date of eligibility for the next merit increase shall be am ame effective. Merit increases shall only be awarded to full-time perm (c) An Administrative Decrease shall be defined as a one step reduction within the pay range of a class as disciplinary action from the result of unsa job performance or misconduct. An administrative decrease requires a letter of justification submitted by the respective department head to the Director of Personnel and subject to the approval of the City Manag@r. by an administrative decrease, except when such adjustment involves a longe,@ (d) Longevity Steps. In addition to the six regular (A) through (F) steps, each pay range shall have two additional longevity steps, (L-1) and (L-2). After three years of successful service at the top regular (F) step of the class to which a position has been assigned, an employee shall become eligible for consideration for the first longevity (L-1) step. After four years of successful service on the -3- (L-1) step, an employee shall become eligible for consideration for the second longevity (L-2) step. Tn all cases, employees must first satisfy the time require- ments established before becoming eligible for advancement to the (L-1) or (L-2) step. A longevity increase shall be considered a merit increase transaction when actually awarded and Personnel Transaction Request Form so noted. At no time shall employees be promoted into a longevity step, in the new position, higher than the longevity step the employee had attained in the former position. (e) A General Tncrease shall be an increase to a higher pay range for all classes of employees simultaneously. This shall be recommended by the City Manager and approved by the City Council. General increases are not dependent on an employee's individual performance of job class, but rather take effect as cost of living adjustments. Section 2-37. Changes in Class. (a) A promotion shall be an advancement by a full-time permanent or probational employee to a higher pay range granted to an employee in conjunction with "increased job duties and responsibilities". When employees are promoted, their salary shall be increased to a minimum step for that class (A Step) or two pay increments above their present range and step whichever is greater. However, such an increase shall not place the em han the pay step held in the range of the former position. The effective date of all promotions shall be the first day of the pay period, Employees who are promoted on their anniversary date and are eligible for a merit increase may receive a three step pay increment increase over their former salary level provided such an increase shall not ew position mre th.. one step higher than the step in the range of the former position. (b) A Demotion shall be a reduction in the pay range of a full-time permanent or probational employee in conjunction with a change in job duties and responsibilities. When an employee is reduced to a lower pay range, their step within the new pay range shall be determined by the Director of Personnel. The anniversary date of eligibili f the lower position is dete milar to the type of work from wliich the employee was demoted, -4- (c) A Reclassification shall be a reassignment of the appropriate job title, pay range, and step to n does not accurately reflect the actual duties performed. When such position cannot accurately be described or compensated by assignment to an existing class, the Director of Personnel shall establish a new class with appropriate ran.ge and title subject to the approval of the City er. The Director of Personnel shall determine an appropriate pay step and anniversary date based on the employee's longevity in the work of the class to which reclassified. Section 2-38. Transfers. (a) Transfer Within Department - A transfer from one payroll bureau code to another within the same department shall be considered a transfer within department. (b) Transfer Between Departments - A transfer of an employee from one depart- mental budget code to another shall be considered a transfer between departments. If a transfer between departments involves a promotion r demotion, the rules of the appropriate action shall apply. When employees transfer between departments to the same class of position no change of status or anniversary date occurs. Section 2-39. Terminations. (a) rough written notification to the employing authority initiated by the employee. (b) Completion of Temporary Employment shall be the separation from employment of a temporary emplovee who has worked through the last workday the temporarv Posi- tion is available. Employees separating prior to the last workday shall be governed by the appropriate separating action. (c) Retirement shall be the separation of a full-time employee who is scheduled to begin receiving retirement benefits from the state and/or federal agencies, Retirement from full-time service with the City is mandatory at age 70 for all employees except sworn police and fire Dersonnel who m st retire at 65. -5- (d) Dismissal shall be an involuntary separation from employment initiated by the employing authority as a result of the elnployee's unsatisfactory work performance or misconduct. (e) Failure to Appear shall be a failure by an etnployee to report to work dur@ the first scheduled work day following employement without previous notification to the employing authority. (f) Administrative Termination shall be a separation from employment initiated hy the Director of Personnel on the basis of the employee's failure to meet minimum qualifi- cations for the position following the actual start of work; or the unavailability of the position or approved monies in the buqget of the respective department, These employees shall be administratively terminated as immedi determination and shall be notified of their rights t Section 2-40. Effective date of actions. In all cases except separation, the effective date of action shall be considered the commencement of the employee's regulatly scheduled work period on the calendar day indicated. In all cases of separation the effective date of action shdll be considered the end of the employee's regularly scheduled work period, unless specified on the calendar day indicated. Section 2-41. Anniversary dates. The anniversary date shall be the date on which the employee becomes eligible for a merit increase. This date shall generally be one calendar year from the beginning date of the first pay period worked following: The employee's initial employment; reemployment, promotion, last merit increase, demotion, or transfer to ition dissimilar to the position they are vacating. Section 2-42. Interpretations. The Director of Personnel shall be responsible for administering the applicat on of the ordinance and to promulgate rules and regulations for pay problems which are not specifically covered by this division. -6- Section 2-43. Review and amendment of the Pay Plan. The Director of Personnel shall constantly review employee ranges, and when necessary, make recommendations for changes to the City Manager. The ranges of pay for each class of positions may be changed by the City Manager upon recommendation by the Director of Personnel, provided funds are available for any increases in the ranges. A change in the pay range of a class shall not affect the anniversary date of employees in that class except when it involves a longevity step. The City pay schedule, as adopted by section I of Ordinance No. 460, and as amended by the City Manager, is hereby reordained. This ordinance shall be effective upon date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of Aiicrust 1978. AB/cj 4/12/78 6/21/78 DEPARTM N TO FORM -7- ITEM #12647 on motion by Councilman Holland, seconded by Councilman Merrick, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilworqan Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. @lerrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: 14one Absent: Councilman John A. Baum City Council voted to approve the following ordinance to amend Chapter 2 of the Code of tlie City of Virginia Beach creating the Department of Mental Health and Mental Retardation: Requested by: City Manager AN ORDINANCE TO AMEND CHAPTER 2 OF THE CODE OF TIIE CITY OF VJRGINIA BEAC[i, VIRGINIA, CREATING THE DEPART- @IENT OF MENTAL HEALTH AND RIENTAL RETARDATION BE IT ORDAI@IED BY THE COLJNCIL OF THE CITY OF VIRCINIA BEACH, VIRGINIA: That Cha,Dter 2 of 'Ghe Code of the City of Virginia Beach, Virginia, is amended as follows: 1. By adding thereto an Article XXIV as follo@i.,: Article '@)@IV - Department of Mental Health and and Ilental Retardation Section 2-150. Creation', composition Tliere is hereby created a department of niental health and mental retardation, which shall consist of the director of mental liealth and mental retardation and sucli other officers and emplo-vees as may be provided by the council or by the orders of the city liananer or director consistent there%,Iith. Section 2-151. Functions Tlie department of mental @iealth and mental retardation shall be responsible for tlie exercise of all mental health and mental retardation functions iinposed on municipalities by general law and shall have such other powers and duties as may be assigned by council. Section 2-152. Director The head of the department of mental liealth and mental retardation sliall be the director of community mental health and mental retardation. He shall be appointed by the community mental health and mental retardation services board in accordance with Section 37.1-197, Code of Virainia (1950). @le shall have general managenient and control of the several bureal@s, divisions and other units of the dedartment. He shall have all the power and duties, which are conferred by the Community @lental liealth and rlental Retardation Services Board in the discharoe of iiis duties. Adopted by the Council of the City of Virginia Beach on the 28 day of August 1978. MES:ER 7-31@7.' JDB:WK 3-9-78 Note: For state law concernina Comrnunitv Mental Health and tlental Retardation Services, see Sections 37.1-194 throuah 37.1-199, Code of Virainia (1950) as amended. ITEM #12648 On motion by Councilman liolland, seconded by Vice Mayor McCoy, and by recorded vo-@e as follows: Ayes: Councilmen F. Reid Ervin, Georae R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Hollana, Vice Mayor J. Henry McCoy, Jr., Donald 'vq. Merrick, Councilwoman I'leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to approve the following ordinance to amend and reordain Section 2-123 and 2-124 of the Code of the City of Virginia Beach relating to Assistants to the City Manager relating to authority to act on behalf of the City Manager: Requested by: City Manager AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-123 P14-D 2-124 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO ASSISTANTS TO THE CITY MANAGER RE- LATING TO AUTHORITY TO ACT ON BEHALF OF THE CITY OF VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-123 and 2-124 are amended to read as follows: Section 2-123. Office created. There shall be, in the office of the city manager, assistants to the city manager, whose duties shall be such as may be prescribed by the city manager. Section 2-123.1. Empowered to act during absence of city manager In the absence or temporary incapacity of the city manager, the assistant to the city manager for finance and research, the assis- tant to the city manager for human resources and public information or director of public works, respectively, are hereby empowered, authorized and directed to act in his stead. Section 2-124. Acts to have same force and effect as those of city manager. Any act of the assistant to the city manager for finance and research, or in his absence or incapacity, the assistant to the city manager for human resources and public information or the director of public works respectively, shall have the same force and effect as if performed by the city manager. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach on the 28 day of August , 1978. ITEM #12649 On motion by Councilwoman Oberndorf, seconded by Councilinan Ferrell, and by recorded vote as follows: Ayes: Councilpien 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 ,qays: 14one Absent: Councilman John A. Baum City Council voted to approve the following ordinance to consolidate the subdivision review process in the Public Works Department and to transfer fourteen positions and related funds from the Ilighway Division to the Engineering Division: Requested by: City Manager AN ORDINANCE TO CONSOLIDATE THE SUBDIVISION REVIEW PROCESS IN THE PUBLIC WORKS DEPARTMENT AND TO TRANSFER FOURTEEN POSITIONS AND RELATED FUNDS FROM THE HIGHWAY DIVISION TO THE ENGINEERING DIVISION WHEREAS, the subdivision review and inspection procedures in the Public Works Department are divided between the Highway and Engineering Divisions, and WHEREAS, the City Manager has determined that the consolida- tion of these procedures into one division would result in better ser- vice to citizens and increase efficiency, coordination, and control, and WHEREAS, the Highway Division has fourteen (14) inspector personnel involved in the process and it is deemed advisable to trans- fer these positions and funding to the Engineering Division, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the fourteen personnel positions responsible for sub- division review in the Highway Division and appropriations in the following amounts be transferred to the Engineering Division: Personnel Services $ 147,967 Contractual Services 10,056 Materials and Supplies 9,257 Replacement of Equipment 13,305 New Equipment 6,980 Total $ 187,565 This ordinance shall be effective September 1, 1978. GGD:JDB:er 8-23-78 Adopted by the Council of the City of Virginia Beach on the 28 day of August , 1978. ITEM #12650 On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, and by recorded vote 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. t4errick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman Jolin A. Baum City Council voted to approve the followilig ordinance to transfer a custodial worker position and related funds in the arqount ol- $7,060 from the Parks and Recreation Department to the General Services Department: Requested by: City Manager AN ORDINANCE TO TRANSFER A CUSTODIAL WORKER POSITION AND RELATED FUNDS FROM THE PARKS AND RECREATION DEPARTMENT TO THE GENERAL SERVICES DEPARTMENT WHEREAS, the Building Maintenance Division of the General Services Department is generally responsible for the maintenance of Municipal Buildings, and WHEREAS, this responsibility also includes administrative and budgetary control, and WHEREAS, in the past, the Parks and Maintenance Division of the Parks and Recreation Department has supported a Custodial Worker position in their budget, and WHEREAS, it has been determined that it will be beneficial to have this Recreation Department Custodial Worker paid and supervised through the Building Maintenance Division and it is mutually agreeable to both departments to transfer this position, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the Custodial Worker position and related appropriations in the amount of $7,060 be transferred from the Parks and Recreation Department to the Building Maintenance Division of the General Services Department. This ordinance will be effective September 1, 1978. Adopted by the council of the City of Virginia Beach on the 28 day of August 1978. ITEM #12651 Vice Mayor McCoy indicated that Mr. Branch will appear at the Tuesday, Council mee@-ing in place of Mrs. Shirley Woodward. Mr. Branch requested a week's delay in order to be more prepared. ITEM #12652 Mayor Standing stated he would like the informal meeting to begin at 11:00 a.m., on Monday, SeiDtember 11, 1978, in order to discuss the Master Street and Highway Plan. ITEM #12653 Councilman Ervin requested a citation be prepared next rnonth fot a person who will reach the age of 100. ITEII '@12654 On inotion by Vice Mayor McCoy, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen F. Reid Ervin, Georqe R. Ferrell, Councilwoman Barbara M. flenley, Clarence A. Folland, Vice Playor J. Henry McCoy, Jr., Donald 11. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and @Nlayor Patrick L. Standing Nays: None Absent: Councilman John A. Baum City Council voted to adopt the following resolution requesting the Planning Commission to do the following: 1. That a statement be included in the agenda of the Planning Commission that their recommendations are not a final determination of the application but only a recomr@iendation to the Council as a view- point of the Planning Commission as to the recommended changes. Final determination of the application is to be made by City Council at a later date, after public notice in a newspaper having qeneral circulation with- in the city. 2. That this statement be read at the beginning of each of the Planning Comriission meetiiius to so inform the public of this procedure. Requested by: Councilmeniber J. Ilenry f-IcCoy, Jr. The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building on the 28 day of Auqust , 1978. On motion by Vice Mayor McCoy and seconded by Councilman Payne the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, there has been uncertainty on behalf of the citizens of the City of Virginia Beach, Virginia, concerning zoning applications, conditional use pemits and street closures that are heard before the Planning Commission; and WHEREAS, by law, the Planning @ommission can only recommend to the City Council that certain action be taken on these applications; and WHEREAS, it would be more informative and beneficial to the public if the Planning Commission would make the above information known to the public at each of its meetings. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) That a statement be included in the agenda of the Planning Commission that their recommendations are not a final determination of the application but only a reconiinendation to the Council as the viewpoint of the Planning Commission as to the recommended changes. Final determination of the application is to be made by City Council at a later date, after public notice in a newspaper having general circulation within the City. 2) That this statement be read at the beginning of each of the Planning Commission meetings to so inform the public of this procedure. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to the Chairman of the Planning Commission. Adopted by the Council of the City of Virginia Beach, Virgiiiia, on the .28 day of August 1978 JDB:er 8-28- 78 ITEM #12655 Mrs. Cassandra Barnes appeared before Council to tllank them for the light at the crosswalk near the Mayflower Apartments. ITEM #12656 On motion by Vice Ilayor McCoy, seconded by Councilrian Ferrell, and by acclamation, the ineeting adjourned at 9:30 p.m. -iFichard J. W-7 bon, City Clerk Mtyor Pat2 City of Virginia Beach, Virginia August 28, 1978 h