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HomeMy WebLinkAboutAUGUST 14, 1978 CITY OF VIRGINIA BEACI MUNICIPAL CENTER "@,O"gL -e.,.g-f CR.&.%t City" VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L.. STANDING, At L.,g, CLARENCE A. HOLLAND, M.D., B.y.id@ B .... gb VICE MAYOR 1. HENRY M,COY JR., D.D.S., K@.p,,ill, B.,o.gb DONALB w. MERRICK, Ly..h.@@. 8.... gh JOHN A. BAUM, Bl.ck..t@, B.,..gh MEYERA E. OBERNDORF, At L.,g@ F@ REID ERVIN, At L.,g@ J. CURTIS PAYNE, A..@ B.... gh GEORGE R. FERRELL, At L.,g@ ROGER L. RIGGS, Vigi.i. B@.,h B.... gb BARBARA M. HENLEY, P..g. B@,..gb A G E N D A RICHARD 1. WEBBON., City Cl.,k The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration Building, Princess Anne Borougb, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m., on Monday, August 14, 1978 for the purpose of conducting public business and will hear and act upon the following items: 1. Call to order by the Honorable Patrick L. Standing, Mayor, in the Council Conference Room. 2. Roll Call of the Council. 3. Motion to recess into Informal Discussion and Executive Session. Upon conclusion of the Executive Session, City Council will reconvene in the City Council Chambers. 4. Invocation will be given at 2:00 p.m., by the Reverend James Higgins, Charity United Methodist Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. 5. Roll Call of the Council. 6. Minutes of the Regular Meeting of August 7, 1978 to be presented for acceptance and approval. 7. All matters listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. Tf discussion is desired, that item will be removed from the consent agenda and considered separately. a. City Council is requested to approve on second reading an ordinance to accept a grant totalling $21,429 from the Division of Justice and Crime Prevention and to appropriate funds. b. Letter from the City Manager recommending that City Council approve an ordinance to amend Section 23-31.1 of the Code of the City Of Virginia Beach, pertaining to notice to purchaser of motorcycles, minibikes, etc., by retailer. C. Letter from the City Manager recommending that City Council approve an ordinance to amend and reordain Section 6-5.1 of the Code of the City of Virginia Beach relating to solicitation or sale on the Boardwalk and adjacent area. d. Letter from the City Manager recommending that City Council approve the request of the Virginia Beach Flyers for Raffle permit. e. Letter from the City Manager recommending that City Council approve the request of Mr. John T. Atkinson, City Treasurer, for tax refunds in the amount of $9,208.98. 8. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Dean S. Potter, Gordon B. Potter, and John Ray Potter for a change of zoning from R-4 Residential District to 0-1 Office District on a 5.335 acre parcel located west of First Colonial Road and south of Old Donation Parkway (Lynnhaven Borough). 9. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of B. J. Willis, Jr., for changes of zoning on a 1.32 acre parcel and a 3.28 acre parcel located on the east side of Thalia Road, north of Virginia Beach Boulevard. The 1.32 acre parcel is proposed for a change from B-2 Community-Business District to 0-1 Office District; and the 3.29 acre parcel is pro- posed for a change from R-6 Residential District to 0-1 Office District. (Kempsville Borough). 10. Letter from the City Manager transmitting the recommendation of the Planning Commission for appr6val of the application of Amoco Oil Company for a condition use permit for a gasoline service station on a .475 acre parcel located at the southeast intersection of Providence Road and Lord Dunmore Drive (Kempsville Borough). 11. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Leo and Montrose Wood for a conditional use permit for a home occupation (babysitting) on a 10,250 square foot parcel located on the west side of Edwin Drive, south of Princess Anne Road (Kempsville Borough). 12. Letter from the City Manager tranSMitting the recommendation of the Planning Cormnission for approval of an ordinance to amend and reordain Article 7, Section 701, of the CZO pertaining to offices in the E-1 Hotel District. 13. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Beach Northampton Vacation, Incorporated, for a conditional use permit for offices (real estate/insurance) on a 4.339 acre parcel located on the south side of Northampton Boulevard, east of Baker Road (Bayside Borough). 14. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of The Virginia Beach Racquet Club North Associates for a conditional use permit for handball and racquet-ball courts, additional outdoor courts, clubhouse with restaurant (private), and additional partially enclosed indoor courts on an 3-acre parcel located north of the intersection of Great Neck Road and Thomas Bishop Lane (Lynnhaven Borough). 15. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of an ordinance to amend and reordain Article 10, Section 1001 of the CZO pertaining to use regulations for schools in the 1-1 Light lndustrial District. 16. Letter from the City Manager recommending that City Council approve an ordinance de- claring certain property in Old Donation Manor excessand authorizing the conveyance of such property as described in the ordinanc,. 17. Letter from the City Manager recommending that City Council approve an ordinance to appropriate additional funds for Fiscal Year 1979 for the payment of purchase orders brought forward from Fiscal Year 1978: (First reading) General $1,266,618 Water & Sewer Fund 117,208 Golf Course Enterprise Fund 2,998 Law Library Fund 184 School Operating Fund 900,072 Total Appropriations $2,287,080 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, Citizens and Organizations. a. Green Run Homes Assoc.iation will appear before City Council to present an outline of the Association's stand as part of the City of Virginia Beach. b. Mrs. Gloria Knight will appear before City Council regarding penalty required for the non-payment of Personal Property taxes when due. 20. Motion for adjournment. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA August 14, 1978 The regular meeting of the Council of the City of Virgiiiia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, August 14, 1978, at 1:00 p.m. Council Members present: John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. lienley, Clarence A. Holland, Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Member absent: Vice Mayor J. Henry McCoy, Jr.* ITEM #12541 VICE klAY MCCOY ENTERED MEETING AT 1:01 p.m. Mayor Standing entertained a motion to permit Council to conduct an informal meeting to be followed by an executive session for the pur- pose of discussing the following: 1. Discussion or consideration or employment, assianment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or eriployees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 3. The protection of the privacy of individuals in personal matters not related to public business. 4. Investing of public funds where competition or bargaining are involved where, if made public initially, the financial interest of the governing unit would be adversely affected. 5. Consultation with legal counsel and briefing by stal-f members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Councilman Perrell, seconded by Councilman Merrick, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to proceed into the executive session following the informal discussion. ITEM #12542 Mayor Standing stated he will appoint Councilmen F. Reid Ervin, and J. Curtis Payne to serve on a committee to establish the duties, responsibilities and prerequisite of the position of City Clerk; and further to report to Council on the applications received on the City Clerk's position. ITEM #12543 Mayor Standing stated he will appoint Councilinan Donald W. Merrick, and Vice Mayor Henry McCoy, Jr., to review council appointed bodies, including Boards and Cormnissions, and to report better ways to co- ordinate activities of those Boards and Conmissions; and further to provide a better way to keep a list of qualified People to serve on Boards and Corimissions. ITEM #12544 The City Manager stated that as Council is aware, the City made a presentation with Wiley and Wilson, Consulting Engineers, on Dotential sources of water and various alternatives available. At that time there was a discussion that the City would approach the source problem in a manner that would be simultaneous on various alternatives: 1. Attempts to renegotiate with the City of Norfolk 2. Attempt to establish some type of fresh water source and ground water wells in Virginia Beach 3. Desalinazation and grant desalinazation in the Department of the Interior in the Office of Research and Technology 4. Negotiate with the people to the west, and the Appomatox River Water Authority 5. Lake Gaston The City has been working with the Office of Research and Technology to try to acquire a grant on 90% federal funds, and 10% local funds for a demonstration 10 million gallon per day plant. The Department of the Interior recognizes that these desalting programs work, how- ever, what they would like to see is that the price per tilousand gallons can be competitive with traditional types of plants. The City is in the top ten for selection of one of the demonstration plants. However, the main purpose is that the City is actively seeking a water source, not making proinises to receive a federal grant. The Office of Research and Technology is coming to Virqinia Beach in October, of this year, to visit the site and determine if the City is committed with the program. Tlie City Manager stated that he will bring to Council next week for their approval a request for $210,000 for the construction of the brackish water well, which will include the construction of the specifications for the desalting plant. ITEM #12545 The City Manager stated that the City has been working for some time on different alternatives on possible ways on giving low interest loans and grants to citizens in the target areas that could not afford to hook-up to the City's water and sewer lines. As early as 1977, the City rnade inquiries into the Virginia Housing Development Authority to consider using low interest loans, They were not interested at that time because they were embarking upon a program of Energy Conservation and Rehabilitation Loan Prograr.. The City Manager indicated to Council that there will be a meeting with the Virginia Housing Development Authority this week if any menber of Council wishes to attend. ITEM #12546 The City Manager stated that there is a problem with the surfing area at Virginia Beach, near the site of tlle old steel pier. Due to several injuries received from debris, tliis portion of the surfincr area has been closed. This matter will be brought up for formal vote in the formal session. ITEM #12547 The City Manager stated that the City has receoved from Tayloe-Murphy Company the population projections for 1977, which are always a year behind. The City has increased in population adproximately 3.5%, with the qreatest growth being in the Kempsvill@ Borough with an increase of 111%. ITEM #12548 The City Manager indicated that Councilman Riggs requested water and sewer line fees be placed on the agenda for discussion. Councilman Riggs requested that the matter be heard in the formal session as there are several people who wish to speak on this matter. ITEM #12549 Mayor Standing stated that at the next Council meeting, on the informal agenda, he would like to discuss the Noise Disclosure Ordinance; and further requested that the meeting begin at 12:30 p.m., to give Council an opportunity to discuss this matter in detail. ITEM #12550 The City Manager stated that on March 20, 1978, the College Park subdivision went before Council, and there was major discussion on how to tie the southside of College Park with the northside of College Park, whicli is separated by Interstate 64. The applicant indicated to Council, at that time, that they were going to build an overpass across the toll road. The City indicated there was need for a access because not only is College Park being developed in Virginia Beach, but also it is being developed in the City of Chesapeake, and on the southside of the toll road there will be another 2,000 families that will have no access to Centerville Turnpike, except back through College Park Boulevard, which is already conjested. The City has requested the developer to build two lanes of the four lane divided highway to make this connection, however, the developer indicated that that was not the intent of Council, that the intent of Council was only to provide one access lane. After considerable discussion, Council indicated to the City Manager that this matter could be handled administratively as the intent of Council was for the developer to build two lanes of the four lane divided highway. the expense o t e dev:loopp:r nd those not wi-hing them will have the dev r:sa mney held in escrow by the City until such time as it is necessa y to in- ITEM #12551 At 2:30 P-m-, city council reconvened in the Council Chambers with the following members present: 11, Councilwo-n Barbara john A. Baul, F. Reid Ervin, George R. Ferre V, Jr., Donald Clarence A. Holland, Vice @yor J. Henry McCO- ne, Roger m. Henley, -cilwoman Meyer, E. Oberndorf, j. Curtis PaY w. merrick, Co ding Riggs, and Mayor Patrick L. Stan n qiven by the R,verend James Higgi S, CharitY The invocation was edge of Allegiance. United Methodist Ch-rch, followed by the Pl ITEM #12552 On motion by Vice Mayor McCOY, seconded by Councilman Riggs, and by recorded vote as follows: Baum F. Reid Ervin George R. Ferrell, Ayes: Councilmen John A. HIland, Vice Mayor a Henley, Clarence A. Councilwoman Barb ra M. merrick, Councilwoman Meyera E. j. Henry McCOY, Jr., Donald W. Mayor Patrick L. Standing oberndorf, Roger L. Riggs, and Nays: None Absent: Councilman J. Curtis Payne City council voted to approve the minutes of the regular meeting of August 7, 1978, with -endments, and dispensed with the reading of said minutes inasmuch as each member had a copy: Item #12535 - The City Clerk informed Council that the nd Park would not be appearing be- residents of Grovela egarding the waiver of sidewalks fore Council today r been settled. in their area, as the natter had The city Manager stated that in Grovel,nd Park sidewalks were required and the developer requested a waiver until all houses in the area had been constructed. That was approximately 5 years ago. The Director of public Works is now requiring the de- veloper to put in sidewalks, and the residents in the area are opposed to this and have signed petitions to that effect. A co romise has been agreed upon whereby those resi- dent The- h@eir n escrOW @t stal ITEM #12553 The following persons appeared before Council regarding water and sevier line fees: Mrs. Rita Murphy, Manager of Bay Cove Restaurant, stated that the Fe-, esidential lines and not conunercial lines. The restaurant wishis to expand their business, however, the cost would be approximately $3,000, which is for the residential lines and not the commercial lines which they need. Mr. Charles Burlage, owner of the Hilton Washington Inn, indicated o Counil that due to the prices of sewer line hook-ups they cannot afford to expand their hotel; and further requested Council to consider the Atlantic Treatment Plant. Mr. Thomas Lyons, hotel owner, requesting Council's help in the wa line fees. ITFM #12555 '@cCov, ailc. On r:totiO.,-' -DY Councilman Ferrell, c ,Dy recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Hollaiid, Vice Mayor Jr., Donald W. Merrick, Councilwoman meyera E. J. Henry McCoy, rick L. Oberndorf, J. Curtis Payne, Roger L. Riggs, and mayor Pat Standing Nays: None Absent: None city council voted to approve on second reading the following ordinance to accept a grant totaling $21,429 from the DiVision of Justice and Crime Prevention and to appropriate these funds: I AN ORDINANCE TO ACCEPT A GRANT TOTALLING $21,429 FROM THE DIVISION OF JUSTICE AND CRINE PREVENTION AND TO APPROPRIATE TliESE FUNDS WHEREAS, the Sheriff's Department wishes to continue its expanded Jail Library Program, and WHEREAS, the Division of Justice and Crime Prevention (DJCP) has awarded the City a grant for funding the above program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grant for the City, and funds are hereby appropriated, for the following purpose: Estimated Revenue Local Total From Match jail Library $20,357 $_@072 1_421 BE IT FURTHER ORDAINED that the appropriations will be financed by $20,357 estiinated revenue from the DJCP and a local cash match of $1,072 from the City's Unappropriated Fund Balance. FIRST READING: August 7, 978 SECOND READING: Augst 14, 1178 Adopted by the Council of the City of Virginia Beach on the 14th day of , 1978. ITEM On motion by Councilman Forrell, secoiideci by Vice Mayor McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Forrell, Councilwoman Barbara 1,1. lienley, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr., Donald @l. Merrick, CouncilWoman meyera E- Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None city Council voted to approve the following ordinance to amend Section 23-31.1 of the City Code pertaining to notice to purchaser of motorcycles, by re-lai'@er: AN ORDINANCE TO AMEND SECTION 23-31.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO NOTICE TO PURCHASER OF MOTORCYCLES, MINIBIKES, ETC., BY RETAILER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-31.1 of the Code of the City of Virginia Beach, Virginia, is hereby amend@d and reoraained as follows: Section 23-31.1. Motorcycles, minibikes, etc. - Notice to purchaser by retailer. No retailer shall sell any motorcycle, motorbike, minibike or Other similar vehicle propelled or drawn b power other than muscular power, unless y the buyer at the folloving hotice is given to the time of the sale and the retailer requires the buyer to sign twO copies of such notice, one which shall be retained by the retailer and dis- played to any authorized officer or employer of the city on request and the other copy given to the buyer: T,Tr)TTr'- 0. IT- #12557 by 'y vi@, 11-Y-@ Ay..: h- A. B..., p. M. R.id E_i@, fl..@Y @C Y, "I I R 1, Ob.@.d ,, , C'-@@@, A. @i M f St..di' .Y., .9 N'Y-: Ab ... t: City C...@il t.d t S.@ti..@6-5.1 @ - f-116 t" th@ 't ti 6, t C.d@ f th. B..C@d'@y@,f Vi 9.... B@@ch, Ik -'l ... t.d by: ci,y AN ORDI SECTION ORDAIN CITY op THE SOLICIT@ ING TO D ADJI BOARDWALK VIRGINIA: BE IT ORDAINED "I THE COUNCIL OF TIIB Cl TY OF VXRGINIA EIIACH, Th.t S-@ti-I 6-5.1 @f th, C.d@ f th@ City , V is h'@'bY .... d.d i@gi i . B_c h s"i-it.ti@@ b-.@d..Ik N-t-ith.t-di@g _y th p b- f.@ - .f thi. ,d., it @h.11 Y g..d., '@@t, @dl- i.@ y P.@@ t , -1 t k d"', ... t@ib.ti,,S, f-.d, d,i,,,, --Y Lh@@ p@.p_ty, fi@ @.b.@ship' @@ "PP-@t, -@ b@h@ f f _y -d th- b-.@d@@lk o@ tb. g@.s.y '@l b,@@h @dj@@-t -ith.@t @@-It f@.. tt,, cit, M..@"'. No P'-it '@f@@@.d t- sh@ll b@ .... @d th' City M"'g-@ @h@ll d@t-.i@. tb@ f.11.@i@g: th@ Th.t --Y -.@h @411 t. -d i,ic b, Th@t h. ppli@_t th@ f th@ City; d.ly t-ti.., p...... hiP -.d ... t,.l th@ h@ll t.k@ pi ...;-d th- P.bli@ h@@lth @, s@@ty .h@ll --t b@ @fflt.d. th. Ad,pt.d by th. C ... cil -f th@ ciy @f Vi B. d-Y f 1978. JDB:@@ 8-9-78 ITEM #12558 On motion by Councilman Ferrell, seconded by Vice Mayor McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. lienry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the request of the Virginia Beach Flyers for a raffle permit. ITEM #12559 Councilman Merrick made a motion, seconded by Councilman Riggs, to defer for one week the following tax refunds in the amount of $9,208.98. The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, JR., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to defer for one week the following tax refunds in the amount of $9,208.98: ITEM #12560 Mr. Grover C. Wright, Jr., Attorney, represented the petitioner On motion by Councilman Merrick, seconded by Councilman Ervin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Dean S. Potter, Gordon B. Potter, and John Ray Potter, for a Change of zoning District Classification from, R-4 Residential District to 0-1 Office District: ORDINANCE UPON PETITION OF DEAN S. POTTER, GORDON Z0878371 B. POTTER, AND JOHN RAY POTTER, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 Residential District to 0-1 Office District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: An Ordinance upon petition of Dean S. Potter, Gordon B. Potter, John Ray Potter for a Cha ge of Zoni Di@tri@t Classification from R-4 i t t. O_l Of @g Dlstrl Residential Distr @ fice ct on certain property lo- cated on the West side of First Colonial Road beginning at a point 200 feet South of Old Donation Parkway, running a distance of 456.71 feet along the West side of First Colonial Road, running a distance of 610.03 feet along the Southern property line, running a distance of 360 feet along the Western property line and running a distance of 600 feet along the Northern property line. Said parcel contains 5.335 acres. Lynnhaven Borough. For the information of the applicant, prior to the intended use of the land, the following will be required: 1. Standard improvements as required by the Site Plan Ordinance 2. City water and sewer 3. Existing ditches which can be piped with a 72-inch or less pipe must be eliminated with development. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of August , 1978 ITEM #12561 Mr. Walter Monahan, Talbot and Associates, represented the petitioner Vice Mayor McCoy made a motion, seconded by Councilman Baum, to defer for thirty (30) days the above petition of B. J. Willis, Jr., for a Chan of Zoning District Classification from R-6 Residential District to 0!7 Office District. The recorded vote hs as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to defer for thirty (30) days the above petition of of B. J. Willis, Jr., for a Ch - t ct Classification nge f Z i g I -6 t 7 Oi 9 z ilc on from R Residential Distric to 0- Off c DIS r t certain property located on the east side of Thalia Road beginning at a point 765 feet North of Virginia Beach Boulevard, running a distance of 235 feet along the East side of Thalia Road, running a distance of 655 feet along the Northern property line, running a distance of 180 feet along the Eastern property line and running a distance of 645 feet along the Southern pro- perty line. Said parcel contains 3.28 acres. Kempsville Borough. ITEM #12562 Mr. Walter Monahan, Talbot and Associates, represented the petitioner Vice Mayor McCoy made a motion, seconded by Councilman Baum, to defer for thirty (30) days the above petition of B. J. Willis, Jr., for a Change of Zoning District Classification from B-2 Community-Business District to 0-1 Office District. The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to defer for thirty (30) days the above petition of B. J. Willis, Jr., for a Change of Zoning District Classification from B-2 Community-Business District to 0-1 Office District on cer- tain property located on the East side of Thalia Road beginning at a point 650 feet North of Virginia Beach Boulevard, running a distance of 115 feet along the East side of Thalia Road, running a distance of 645 feet along the Northern property line, running a distance of 120 feet along the Eastern property line and running a distance of 640 feet along the Southern property line. Said parcel contains 1.32 acres. Kempsville Borough. ITEM #12563 Mr. H. Calvin Spain, Attorney, represented the applicant Vice Mayor McCoy made a motion, seconded by Councilman Ferrell, to approve the following resolution upon application of Amoco Oil Company for a Conditional Use Permit for a gasoline service station. The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. lienley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to adopt the following resolution upon application of Amoco Oil Company for a Conditional Use Permit for a gasoline service station: RESOLUTION UPON APPLICATION OF AMOCO OIL COMPANY R0878202 FOR A CONDITIONAL USE PERMIT FOR A GASOLINE SERVICE STATION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Amoco Oil Company for a Conditional Use Permit for a gasoline service station on certain property located at the Southeast intersection of Providence Road and Lord Dunmore Drive, running a dis- tance of 140 feet along the South side of Providence Road, running a distance of 130 feet along the Eastern property line, running a dis- tance of 160 feet along the Southern property line, running a distance of 110 feet along the Western property line and running around a curve a distance of 20 feet. Said parcel contains .475 acre. Kempsville Borough. In conjunction with the intended use of the land, the following con- ditions will be met: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer 3. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 4. Two curb cuts are to be allowed on Providence Road, provided each is a maximum of 24 feet in width and marked appropriately for in-only and out-only traffic. 5. One curb cut with a maximum width of 35 feet is to be allowed on Lord Dunmore Drive. 6. Public restrooms are to be provided. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of August 1 1978. ITEM #12564 Leo and Montrose Wood appeared before City Council on behalf of their application for a conditional use permit for a home occupation (babysitting) on the property hereinafter described in the Resolution: Council was advised the occupation is licensed by the State for 5 or more children. Upon motion by Councilman Baum, seconded by Councilman Riggs and by recorded vote as follows: Ayes: Councilpersons John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: Councilman George R. Ferrell City Council voted to adopt the following Resolution for a Conditional Use Permit for a home occupation (babysitting) subject to the conditions outlined in the Resolution: RESOLUTION UPON APPLICATION OF LEO AND MONTROSE WOOD R087820,3 FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (BABYSITTING) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Application of Leo and Montrose Wood for a Conditional Use Permit for a home occupation (babysitting) on a 10,250 square foot parcel located on the west side of Edwin Drive, South of Princess Anne Road, in a single family home zoned R-5 Residential District be approved subject to the following conditions: 1. Compliance with Article 2, Section 229 of the Comprehensive Zoning Ordinance pertaining to home occupations. 2. A fence should be established around the perimeter of the site. 3. The term of the conditional use permit shall be for one year. 4. The conditional use is limited to (9) nine children. This resolution shall be effective upon date of adoption. Adopted by the City Council of Virginia Beach on the 14th day of August, 1978. ITEM 412565 The following ordinance amending and reordaining Article 7, Section 701 of the Comprehensive Zoning Ordinance pertaining to use regulations for offices in H-1 Hotel Districts was presented to City Council on recom- mendation for approval by the Planning Commission; Upon motion by Councilman Payne and seconded by Councilman Holland and by recorded vo-te as followa:. Ayes: Councilpersons John A. Baum, P. Reid Ervin, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Abstain: Councilman George R. Ferrell The City Council of Virginia Beach adopted the following Ordinance amending and reordaining Article 7, Section 701 of the Comprehensive Zoning Ordinance. AN ORDINANCE TO AMEND AND @EORDAIN ARTICLE 7, SECTION 701 OF T[IE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO OFFICES IN THE H-1 HOTEL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That Article 7, Section 701, Use Regulations, of the C.Z.O. is amended and reordained as follows: (c) Conditional uses and structures. Uses and structures here- inafter specified; su@ject to coinpliance with the provisions of Part C of Article 2 fiereof: (5) As a use subordinate to and in con a hotel or motel, offices in which goods, wares or nierchand'ise are not coiiiitiercially crp-ated, disr)layed, stored, ex- changed oi, o@l d (6) (5) Recreational and amusement facilities of an outdoor nature other than as accessory uses, which illay be partially or teinporarily enclosed on a seasonal basis with approval of City Council, except that riding acadeinies atid recreational canipgrounds sfiall not be allowed as a conditional use or otherwise. Adopted by the Council of tfie City of Virginia Beach, Virginia, on the 'day of 1978. APP PM-MY z@ j SIGNAT(JRE CITY ATIOPNEY ITEM #12567 The Virginia Beach Racquet Club North Associates have applied for a con- ditional use permit for handball and racquetball courts, additional out- door courts, clubhouse with restaurant (private), and additional partially enclosed indoor courts on an 8 acre parcel located north of the intersection of Great Neck Road and Thomas Bishop Lane (Lynnhaven Borough). Several enclosed tennis courts are currently located on this site, and this site is zoned R-1 and R-3 Residential Districts. It is the recommendation of the Planning Commission that City Council deny this request. However, if Council approves this request, it should be subject to the following: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. All lighting is to be directed to the interior of the site and shielded from adjacent areas. 4. Further enclosure of additional tennis courts will require separate approval. 5. An overall site plan for the entire development illustrating all existing facilities, as well as an identification of those areas where additional facilities are proposed to occur. 6. Parking is to be provided in accordance with the following standards: Existing a. 65 parking spaces are required for the existing facilities. This includes 44 spaces for the tennis courts and 21 spaces for the swimming pool. Appearinq in favor of the application: Dr. Harvey Shiflet Mr. Tom Betz Mr. Bob Shupe Mr. Ken Rand Those opposed to the application: Mr. Grover Wright, Attorney, represented the Great Neck Association of Civic Leagues. After considerable discussion concerning the application which was opposed by residents of the area, the applicants requested permission from the City Council to withdraw the application in an effort to meet with the residents to determine if an agreement might be reached. UPon motion by Councilman Merrick, seconded by Councilman Baum and by recorded vote as follows: Ayes: Councilpersons John A. Baum, F. Reid Ervin, George R. Perrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and mayor Patrick L. Standing Nays: None The City Council of the CitY of Virginia Beach, Virginia, approved the withdrawal of the application of the Virginia Beach Racquet Club North Associates for a conditional use permit for handball and racquetball courts, additional outdoor courts, clubhouse with restaurant (private) and additionally partially enclosed indoor courts n an 8 acre parcel located north of the intersection of Great Neck Road and Thomas Bishop Lane in the Lynnhaven Borough. ITEM #12568 An ordinance recommended by the Planning Commission which wo-ld allow both public and private schools, colleges, and universities in the I-1 Light Industrial District subjoct tb th6 grantinq 6@ a c-onditional use permit was submitted to City Council for adoption. UPon motion by Councilman Ferrell, seconded by Vice Mayor McCoy and by recorded vote as follows; Ayes: Councilpersons John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, Vice mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Nays: None Absent: Councilman Roger L. Riggs The Virginia Beach City Council adopted the following ordinance amending and reordaining Article 10, Section 1001 of the Comprehensive Zoning Ordinance. ARTICLE 10, SECTION 1001 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR SCHOOLS IN THE I-1 LIGHT INDUSTRIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 10, Section 1001(c), Conditional uses and structures, of the C.Z.O. is amended and reordained as follows: (c) Conditional uses and structures. Uses and structures herein- after specified; subject to compliance with the provisions of Part C of Article 2 hereof: (7) Public schools, colleges and universities, and te c"Oo' s, colleges and universities having 'T?ar pr si. :cademic curriculu--; (8) @74 Public utility transformer stations and major trans- mission lines and towers (50,000 volts or more); (9) 44 Collection depots for recyclable materials; (10) @94 Recreational facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of City Council, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; (11) (494 Recreational facilities other than those of an outdoor nature. Adopted by the Council of the City of Virginia Beach, Virginia, on the iay , f 1978. APPItOW AS TO CO 0 P-V,10,7@'@rD TO FORM, S 1G.@,% ZLIRE CITY ATIOPNEY ITEM #12569 City Council received an ordinance declaring certain property excess and requesting authority to dispose of the property. The property is described as abutting property owned by Mr. A. W. Seol and consists of .037 acre in a 20 foot strip at the rear of Old Donation Manor Pump Station, a purchase price of $1,800 or approximately $1.12 per square foot has been negotiated. Upon motion by Councilman Holland seconded by Councilman Baum and by recorded vote as follows: Ayes: Councilpersons John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing. Nays: None City Council of Virginia adopted the following ordinance approving declaring the property excess and approving the sale thereof. AN ORDINANCE DECLARING CERTAIN PROPERTY IN OLD DONATION MANOR EXCESS IN AUTHORIZING THE CONVEYANCE OF SUCH PROPERTY AS DESCRIBED HEREINBELOW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, a certain parcel of real property located in the Bayside Borough, comprised of 0.037 acre of land, designated as "Surplus Property" as shown on that certain plat entitled "Plat Showing Property of the City of Virginia Beach, Virginia, Bayside Borough, Virginia Beach, Virginia,"Bureau of Surveys and Mapping, dated July 26, 1978, and attached hereto as Exhibit "A", was acquired by the City of Virginia Beach and in the opinion of the City Council is now in excess of the needs of the City; and WHEREAS, it is now considered suitable to dispose of this property by conveyance: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to convey the said 0.037 acre of land as shown on the aforementioned plat in the manner he deems to be in the best interest of the Cit3, of Virginia Beach. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the @4, O'day of I197_L. (A three-fourths vote of all members of the Council is required.) An Ordinance was presented requesting the appropriation of $2,287,080 to ,meet conuni-Iments made in the operating budget for the fiscal year 1978 for materials which will be delivered and invoiced in fiscal vear 1979. Councilman Merrick inquired as to whether these expenditures were made as a result of "over" appropriation or from other sources. He was assured that the items were needed and in some instances were four or five months in delivery. Mr. Hanbury, the City Manager, advised Councilman Merrick that he kept a close check and discouraged such procedures, where upon Councilman Merrick said that as a token of his confidence in the City Manager he would move to adopt the ordinance. Upon motion by Councilman Merrick, seconded by Mayor Standing and by recorded vote as follows: Ayes: Councilpersons John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland,, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None The City Council of V-irginia Beach, Virginia, adopted the following ordinance: AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS FbR FISCAL YEAR 1979 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1978 WHEREAS, during the course of business in fiscal year 1978, purchase orders or contracts were issued committing the city to purchases of materials, supplies, equipment or services for use by several departments, divisions, or bureaus and, WHEREAS, these purchase orders or contracts were charged to appropriations previously autborized for the fiscal year ended June 30, 1978 so as to reduce the unencumbered balance of those appropriations and, WHEREAS, on June 30, 1978 there were purchase orders or contracts totaling $2,287,080 for which materials, supplies, equipment or services had not been delivered or invoiced, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the funds totaling $2,287,080 unexpended and represented by purchase orders outstanding on June 30, 1978 be reappropriated as additions to fiscal 1979 appropriations to the respective departments, divisions or bureaus of the city so that upon the delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. These funds shall be appropriated from the following respective fund balances: General $1,266,618 Water & Sewer Fund 117,208 Golf Course Enterprise Fund 2,998 Law Library Fund 184 School Operating Fund 900,072 Total Appropriations $2@@87 O@80 This ordinance shall be effective from the date of its passage. il'EM #i2571 In order to protect the health and welfare of persons participating in surfing and to designate the areas reserved for such activities; City Council upon motion by Councilman Hollandl seconded by Councilman Riggs and by recorded vote as follows: Ayes: Councilpersons John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Adopted the following ordinance to amend and reordain Section 6-33 of the Code of Virginia Beach pertaining to surfing generally: AN ORDINANCE TO AMEND-AND REORDAIN SECTION 6-33 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO SURFING GENERALLY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-33 of the Code of the City of Virginia Beach, Virginia, is amended and reordained as follows: Section 6-33. Where surfing permitted generally: It shall be unlawful for any person to surf or to have a surfboard in the city in the littoral waters of the Atlantic Ocean, except as permitted by this section as follows: (a) At the city recreation park, Little Island, at places and times as designated by the director of parks and recreation. (b) South of Little Island Park to the state line, between sunrise and sunset, subject to restrictions that may be imposed by the United States in the area owned by it, and further subject to the provisions of section 6-22. (c) In the area between the southern boundary of the United States Naval Reservation, Dam Neck, and the northern line of Little Island Park, between the hours of sunrise and sunset; except, that between May 15 and September 30, surfing is not permitted between the hours of 10:00 a.m. and 5:00 p.M. (d) In the areas north of the northern line of Camp Pendleton to the southern boundary of Fort Story, between the hours of sunrise and sunset; except, that between the period May 15 through September 30, surfing is not permitted between the hours of 10:00 a.m. and 5:00 p.m. Surfing is permitted in the area one hundred feet north of the centerline of 3rd Street prolongated eastward extending one hundred feet north of the centerline of 5th Street prolongated eastward and in the area eight hundred feet south of the southern jetty of Rudee Inlet and in the area five hundred feet north of the northern jetty of Rudee Inlet between sunrise and sunset. I (e) In such posted surfing areas,not to exceed five hundred feet as the City Manager may from time to time set aside for periods not to exceed forty- five days. The City Manager shall file his reasons for establishing such areas within twenty-four hours of such postinq with the City Clerk. (f) Surfing is prohibited at all times, except as provided in paragraph (e), within three hundred feet north and three hundred feet south of the Wooden Fishing Pier located between 14th Street and 15th Street, as well as the area between the north and south jetties of Rudee Inlet. Any person who violates the provisions of this section shall be guilty of a class IV misdemeanor. An emergency exists and this ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August 1978. JDB/ci 8/14/78 (22) A7R AS TO CQNTFVTS APPPN" m YL Cil@ i,@, ITEM #12572 A Ci@Y Council received an ordinance amending and reordaining Section 2-43.9 of the City Code regarding employee retirement which permits employment of council appointees, of which there are five, to work after attaining age 70 provided they are duly authorized. The purpose of the amendment at this time is to provide additional time for the council to select qualified-persons for their app6ittive positions. Upon motion by Councilman Holland, seconded by Councilman Ferrell and by recorded vote as follows: Ayes: Councilpersons John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None The City Council of Virginia Beach, Virginia adopted the following ordinance amending and reordaining Section 2-43.9 of the City Code as requested by City Council. Requested by: City Council AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-43.9 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO MANDATORY RETIREMENT AGE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-43.9 is amended and reordained to read as follows: No police officer or firefighter shall be employed by the city after the end of the month in which he or she attains age sixty-five. No other employee, other than appointees of the City Council, duly authorized, shall be employed full time after the end of the month in which he or she attains the age of seventy. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach on the ITEM #12572 k@ 'Mayor @tanding appointed Councilmen Ervin and Payne as a Special committee to review the applicants for the City Clerk's POsition and to return recommendations for the same, together with recommendaetions for the method of selection. Upon motion by Councilman Riggs, second d by Councilman Baum and by unanimous voice vote the committee was approved. ITEM #12573 MaYor Standing appointed a special conunittee composed of Vice Mayor McCoy and Councilman Merrick to work with the staff to review and clarify the Boards and Commissions for the purpose of establishing more realistic methods of maintaining permanent records. Upon motion by Councilman Riggs, seconded by Councilman Baum and by unanimous affirmative vote the appoint- ment of the committee was approved. ITEM #12574 Mrs. Gloria Knight appeared before City Council through the courtesy of Councilman Payne and requested Council to amend the rdinance which provides a $10.oo fine for non-payment of personal property ta,e, when due. The rnatter was referred to City Treasurer John Atkinson wh, w,, in the chamber for recommendation. ITEM #12575 Mrs. Cassandra Barnes appeared before City council through the courtesy of Councilmen Holland and Riggs to request an adjustment in the traffic lights at 34th Street and Atlantic and Pacific Avenues to provide pedes- trians greater safety in crossing the streets. The item was referred to the Traffic Engineer. ITEM #12576 After considerable discussion and consideration of their activities, Mr. John Griffin was nominated by Councilman Holland to fill the position of citizen member on the Southeastern Virginia Planning District Commission. ITEM #12577 After considerable discussion and consideration of their activities and by recorded vote Mr. George Hanbury, City Manaqer, was elected by a vote of 7 in favor of and 4 opposed, to fill the pos-ition of citizen member on the Southeastern Virginia Planning District Commission over Mr. John Griffin. Mr. John Baum, Councilman, was elected by a vote of 6 in favor and 5 opposed to fill the position of elected official on the SEVPDC o,,r Councilman Merrick. ITEM #12578 Mr. Robert Berry was appointed by City Council to fill the unexpired term of Mr. Noland Chandler on the Virginia Beach Development Authority, over Mr. Andrew Downy, who was defeated by a vote of 8 to 3. ITEM #12579 Mr. William Whiteside, Executive Secretary of the Green Run Homes Association appeared before City Council representing the Association and expressed his appreciation of the work being done by City Council in behalf of the public in general and of the Green Run area in particular. He expressed the will- ingness of the association to assist the City Council in any way they could. ITEM #12580 City Council adjourned by unanimous vo@@t 5:15 p.m. P rck L. tadng, MZIY-R