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HomeMy WebLinkAboutMARCH 14, 1977 CITY OF VIRGINII BEIC, MUNICIPAL CENTER "Qll.@td'. -f.@y-t @.I.,t City" VIRGINIA REACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.y@id@ B.,.@gb J. HENRY M,COY, J,., D.D.S., K@.p@@ill@ B.,..gh VICE MAYOR PATRICK L. STANDING, Al L.,g@ MEYERA E. OBERNDORF, Al L.,g@ JOHN A. BAVM, Bi.@k..,@, B@,..gh J, CURTIS PAYNE, P,i.c@@@ A.@, B@,..gh ROBERT B. CROMWELL, J,., A, L.,g@ ROGER L. RIGGS, Vi,,i@i. B@.,h B ... @gh GEORGE R. FERRELL, A, L.,@ FLOYD E. WATERFIELD, J,., P..g. B.,..gb JOHN R. (;RIFFIN, Ly@@b.@,@ B@,..gh A G E N D A R@CHARD 1. WEBBON, Ci,y Cl@,k The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m., on Monday, March 14, 1977, for the purpose of conducting public bu5iness and will hear and act upon the following items: 1. Call to order by the Honorable Clarence A. flolland, Mayor, in the Council Conference Room. 2. Roll Call of the Council. 3. Motion and Roll Call 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 Russell 0. Siler, Emanuel Lutherii Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. S. Roll Call of the Council. 6. a. Minutes of the Regular Meeting of February 28, 1977, to be presented for approval and acceptance. b. Minutes of the Regular Meeting of March 7, 1977, to be presented for approval and acceptance. 7. Items for Second Reading: a. An Ordinance to accept $lSS,209 from Southeastern Tidewater Area Manpower Authority and appropriate the same. b. An Ordinance to accept grants totaling $4S,034 from Division of Justice and Crime Prevention and appropriate the same. 8. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the petition of George J. Pappas, Harry M. Vergakis, and Guy E. Daughtery for a change of zoning from B-1 Community-Business District to H-1 Hotel District on a 22,SOO square foot parcel located south of Northampton Boulevard, east of Norwich Ave., northeast of the intersection of Northampton Boulevard and Norwich Ave. (Bayside Borough) 9. Letter from the City Manager outlining needs for the City to retain ownership of certain streets and portions of streets lying in the Block bounded by Parks Avenue, 22nd Street, Cypress Avenue and 21st Street in the Virginia Beach Borough. 10. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Richard D. Croul and Assigns for a Conditional Use Permit for a water slide on certain property located at the Northeast corner of 21st Street and Parks Avenue on a 2.75 acre parcel. (Virginia Beach Borough). Deferred from January 17, 1977). 11. Letter from the City Manager stating that Grover C. Wright, Jr., by his letter to the Planning Department of March 7, 1977, has requested a deferral until March 21, 1977 of the petition of Charles J. Hayes, Sr. and Jean B. Hayes for a change of zoning from R-5 Residential District to B-2 Community-Business District on a 13.5 acre parcel located on the west side of First Colonial Road, south of Wolfsnare Road (Lynnhaven Borough). 12. Letter from the City Manager stating that Grover C. Wright, Jr., by his letter to the Planning Department of March 7, 1977, has requested a deferral until PAarch 21, 1977 of the petition of Hado Development Corporation for a change of zoning from B-2 Community-Business Dis- trick to A-4 Apartment District on a 5.376 acre parcel located on the south side of Old Virginia Beach Road, east of Realty Avenue in the Ocean Gardens area. (Lynnhaven Borougli). 13. Letter from the City @,lanager recommending that Ci+.y Council approve an Ordinance to amend and reordain Article 6, Section 601 of the CZO per- taining to use regulations. 14. Letter from the City Manager reconimending that City Council approve an ordinance to amend Sections 1.2, 4.2, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.10, 6.1, 6.3, 7.3, 7.6, and 7.7 of the Subdivision Ordinance of the City of Virginia Beach relating to references to the Department of Public Works. 15. Letter from the City Manager recommending that City Council approve an ordinance to amend Chapter 13, Sections 13-1 and 13-2 of the Code of the City of Virginia Beach and to prescribe election districts and voting places within the City of Virginia Beach. 16. Letter from the City ',Ianager recornrnend'-ng that City Council approve an ordinanc(., authorizing an encroachment upon and over Pacific Avenue and Twenty-first Street. 17. Letter from the City @lanager recommending that City Council approve an ordinance to appropriate funds totaling $12,837 to establish a Virginia Alcolol Safety Action Program for the City of Virginia Beach and enter into an agreement between the City, Tidewater Com-munity College and the General District Court. 18. Letter from the City Manager recommending that City Council approve an ordinance to amend Chapter 2 of the Code of the City of Virginia Beach establishing a fee for reproduction of City documents. 19. Letter from the City Manager recommending that City Council approve an ordinance declaring certain property excess and authorizing the City Manager to advertise for public bid. Property is located in the Lynnhaven Borough entitled "Plat of Property owned by the City of Virginia Beach." 20. Letter from the City 14anager requesting authority to sign on behalf of the City certain agreements for the completion of a computerized Adult Offender Transaction Statistics and Management System originally begun in 1974 through a Federal law enforcement assistance administration grant, which will be terminated unless renewed by the City. Sufficient money remains in the grant accounts and in the present City budget to complete the program. No new monies are needed. 21. Letter from the City Manager recommending that City Council approve the request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the amount of $138.70. 22. Letter from the City Manager recommending that City Council approve the standard water and sewer agreement for Resubdivision of Lots B and C, North of Wolfsnare Road, facing First Colonial Road, Lynnhaven Borough. 23. Letter from the City Manager recommending that City Council approve the following Bingo/Raffle Permits: German European American Society of Virginia, Incorporated Virginia Beach Jaycees, Incorporated 24. Old business, deferred from the previous meeting, including any report of the Mayor or committees named by Council. 25. New business, including any presentations by Council Members, citizens, and organizations. 26. Motion for adjournment. MINUTES OF THE HONORABLE CTTY COUNCTL OF THE CITY OF VIRGINIA BEACH, VIAGINIA March 14, 1977 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by ',Iayor Clarence A. Holland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, March 14, 1977, at 1:00 p.m. Council Members present: John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Members absent: Robert B. Cromwell, Jr.* ITEM #10544 @.dayor Ifolland entertained a motion to permit the Council to conduct an informal discussion to be followed by an Executive Session for the purpose of discussing the following: 1. Consultations with legal counsel and briefing by staff members, consultants, or attorneys per- taining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Vice Ilayor Standing, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @-layor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council voted to proceed into Executive Session following the informal discussion. *Councilman Cromwell entered meeting at 1:05 p.m. ITEM #10545 Councilman Payne stated, at the informal session, that he did not inten@l to make a motion to reconsider the Chesapeake Beach properties now or in the future. ITEM #10545 The City Manager stated that the Tidewater Transportation District is now one unified district in the region of which Councilman McCoy and former Councilman Callis are representatives for this City. Mr. James Echols, Executive Director of the Tidewater Transportation District Commission, presented a film to Council on the Transportation District. ITEM #10546 The City Manager stated the staff has been making a concertive effort to keep this City clean, especially the beachfront. The City Manager stated he would like to implement a street cleaning operation from Rudee Inlet to 40th Street between the hours of 4:00 a.m., and 8:00 a.m. The streets will be cleaned every day, however, parking will be restricted to one side of the street on Monday, Wednesday and Friday, and restricted to the otherside of the street on Tuesday, Thursday and Saturday. The City Manager stated that before implementation of this he would like to advertise this in the newspapers to give businesses in the area and residents an idea of what is planned. ITEM #10547 Mr. Alfred W. Craft, Jr., Chairman, City of Virginia Beach Development Authority, appeared before City Council at the informal session to present the Authority's annual report (1976). Mr. Craft stated that during 1976, the Authority in cooperation with the Industrial Division of the Department of Economic Development, continued to promote industry and develop trade by manufacturing, industrial, governmental and commercial enterprises to locate in and also remain in the Commonwealth. The Authority has developed industrial land, authorized revenue bond issues, established policy for the Industrial Development Division and helped Virginia Beach maintain a competitive position with other local and regional development organizations. In 1976, 13 new companies located in the Airport Industrial Park leaving approximately 35 acres. This brings the total businesses in the Park to approximately 46. The new businesses created 57 new jobs, and will add an additional 95 jobs when the projects are completed. The land and building value for the new firms is $1,350,988, and when the projects are completed an additional $2,500,000 in building value will be added to the tax roll. The Authority and the Industrial Division have also been working to develop the Little Creek Property. At the present time portions of the property are being used by Fraser Boiler Company, Spencer Con- struction Company, and Hanks Seafood, Incorporated. The Authority's major land development effort is presently centered in the 1000 acre Oceana West Industrial Park complex, and due to increased activity in the Park, the Development Authority expanded its office facilities to house staff from the Industrial Division. The new businesses created 132 new jobs, and the land and building value for the new firms, of which there is four, is $831,000. The Development Authority entered into an option with the firm of Simon Associates for the construction of a regional shopping mall for the City in Oceana West Industrial Park. This project will create about 2,100 new jobs, and will cost approxiniately $40,000,000 to build, however, it will have a land purchase value of $3,000,000. In summary, Mr. Craft stated that the Virginia Beach Development Authority, working with the Department of Economic Development, has helped 21 new businesses to locate in Virginia Beach. It is projected that in 1977 the Authority will begin to repay approximately $400,000 of an outstanding development loan with the First and Merchants National Bank of Tidewater. ITEM #10548 At 2:15 p.m., City Council reconvened in the Council Chambers with the following Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by the Reverend Russell 0. Siler, Emanuel Luthern Church, followed by the Pledge of Allegiance. ITEM #10549 On motion by Councilman Waterfield, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of February 28, 1976, and dispensed with the reading of said minutes inasmuch as each Member had a copy of the subject minutes. ITEM #10550 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of March 7, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy of the subject minutes. ITEM #10551 On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A.Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading the following ordinance to accept $155,209 from the Southeastern Tidewater Area Manpower Authority and appropriate same: AN ORDINANCE TO ACCEPT $155,209 FROM THE SOUTHEASTERN TIDEWATER AREA MANPOWER AU- THORITY AND TO APPROPRIATE THESE FUNDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the awards from the Southeastern Tidewater Area Manpower Authority be accepted and appropriated for the following purposes stip- ulated in the Comprehensive Employment and Training Act of 1973: Federal Total Share Appropriations Title I Employment $ 74,430 $ 74,430 Title II Employment 34,173 34,173 Title VI Employment 46,606 46,606 Total 209 209 That the appropriations will be financed 100% by federal funds, with no local match required. First Reading: March 7, 1977 Second Reading: March 14, 1977 Adopted by the Council of the City of Virginia Beach on the 14th day of March 1977. GGD:JDB:er 3/2/ 7 7 ITEM #10552 On motion by Councilwoman Oberndorf, seconded bY Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry @,IcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading the following ordinance to accept grants totaling $45,034 from the Division of Justice and Crime Prevention and appropriate same: AN ORDINANCE TO ACCEPT GRANTS TOTAL- LING $45,034 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIX E TIIESE FUNDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That two grants from the Divison of Justice and Crime Prevention be accepted and appropriated for the following purposes: Estimated Revenue Local Total a@t.h riation Sheriff's Dept. Radio Equipment $19,032 $1,002 $20,034 Police Training 23@750 l@250 25@000 Total 782 @@252 L5_034 That the appropriations will be financed by $42,782 estimated revenue from the DJCP and a local share of $2,252 to be transferred from the Reserve for Contingencies-Federal Grants. First Reading: March 7, 1977 Second Reading: March 14. 1977 Adopted by the City Council of Virginia Beach on the 14th day of March 1977. GGD:JDB:er 3/2/77 ITEM #10553 Councilman Payne stated he will ,t request reconsideration of the Chesapeake Beach properties. ITEM #10554 .Petition of George J. Pappas, Harry M. Vergakis and Guy E. Daugherty for a -1 froip 8-2 Community-Business District Change of Zoninq District Clssification to H -7--- Northampton Boulevard begirinin,, ", propertyIlocated 144 feet South of _l at, @i poill, 550 feet East of Norwich Avenue, running a distance of 150 alonq the @otALhern property line, running a distance of 150 feet along tlie Eastern pro[)erty line, running a distance of 150 feet aic)ng the r@orthern oroperty Iiiic-, and running a distance of 150 feet along the Westervi pro.perty Iiiie. Said par,cel contains 22,500 square feet. BAYSIDE BOROUGH. Planning Commission Recommeiidation: of 12 to approve 0 e A motion was passed.unanimously by tvie Platining COmrnission bv a rec rded vot uhis request. For the information of,the a.r)plicant, prior, to the issuance of a b(jilding per- Mit, the following wili be required by the adflitnistrative Staff: 1. Standard site improvements as requir,ed by the Si@u-e Plan Ordinance. 2. City water and sewer. 3. The drainage ditch along the southern boundary of this site is to be piped. 4. A screening fence to he installed alonci the sot)thern boundary of thi@ site (within the 20 foot Mr. Guy E. Daugherty appeared on this planning matter. On motion by Councilman Cromwell, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.'Griffin, Alayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman imeyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield , Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of George J. Pappas, Harry M. Vergakis and Guy E. Daughert@ for a Change of Zonin@ i@strict Llassification from B-2 Community-Business DTstr-ict !-o T-=Hotel istrict: ORDINANCE UPON PETITION OF GEORGE J. PAPPAS Z0377226 HARRY M. VERGAKIS AND GUY E. DAUGHERTY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 Community-Business District TO H-1 Hotel District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of George J. Pappas, Harry M. Vergakis and Guy E. Daugherty for a Change of Zoning District Classification From B-2 Community-Business District to H-1 Hotel District on certain property located 144 feet South of Northampton Boulevard beginning at a point 550 feet East of Norwich Avenue, running a distance of 150 feet along the Southern property line, running a distance of 150 feet along the Eastern property line, running a distance of 150 feet along the Northern property line and running a distance of 150 feet along the Western property line. Said parcel contains 22,500 square feet. Bayside Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The drainage ditch along the southern boundary of this site is to be piped. 4. A screening fence to be installed along the southern boundary of this site (within the 20 foot easement). This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of March 1 1977. ITEM #10555 Mr. Andrew S. Fine, Attorney, appeared on this matter On motion by Councilman Riggs, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patri6k L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilmen Robert B. Cromwell, Jr., Mayor Clarence A. Holland, and J. lienry McCoy, Jr. Absent: None City Council voted to deny the following ordinance closing, vacating and discontinuing certain streets and portions of streets in Virginia Beach Borough, City of Virginia Beach, Virginia: AN ORDINANCE CLOSING, VACATIMG AND DISCONTINUING CERTAIN STREETS AND PORTIONS OF STREETS IN VIRGINIA BEACH BOROUGH, CITZ OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that F. Properties, Incorporated of Norfolk, Virginia, would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described streets and portions of streets lying in the block bounded by Parks Avenue, 22nd Street, Cypress Avenue and 21st Street in Virginia Beach Borough, Virginia Beach, Virginia, closed, vacated and discontinued as public streets of the City of Virginia Beach; and WHEREAS, notice was duly posted in accordance with Section 15.1-346, Code of Virginia of 1950, as amended; and WHEREAS, the land proprietors affected thereby have been duly notified; and WHEREAS, said application was made to the City Planning @@Commission and to the City Council and pursuant to the statutes in such cases made and provided, the Council appointed Viewers who have reported to the Council; and WHEREAS, the City Planning Commission after proper notice and hearing, has reported thereon to the Council; and WHEREAS, it is the judgment of the Council that the aforesaid ',streets and portions of streets, hereinafter more fully bounded ,and described should be closed, vacated and discontinued; now @therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, iVIRGINIA: Section 1. That the streets and portions of said streets hereinafter described in the Virginia Beach Borough of the City of Virginia Beach, Virginia, are hereby closed, vacated and dis- ITEM #10556 Application of Richard D. Croul and Assigns for a, ond tlonal Uose lemt for recreational facilities of an outdoor nature (wa ter s I ancerta n propert,y located at the Northeast corner of 21st Street and Parks Avenue, running a distance Of 430 feet more or less along the North side of 21st Street, running a distance of 290 feet more or less along the West side of Cypress Avenue, running a distance of 450 feet more or less along the less South side of 22nd Street and running a distance of 380 feet rnore or perty line. Said parcel contains 2.75 acres more or along the Western pro B,OPOUGH. VIRGINIA BEACH, Planning Commission Reconnendation: A motion was passed unanimously by the Planning Commission by a recorded f. the. rgtAnding.., vote o @q -@eny.,@his r-eq@est aSS it is. incoinp@@i.ble. withsur On motion by Councilman Riggs, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to deny the above application of Richard D. C,,ul and Assigns for a Conditional Use Permit for recreational facilities of an outdoor nature (water slide) on certail property located on the Northeast corner of 21st Street and Parks Avenue, running a distance of 430 feet more or less along the North side of 21st Street, running a distance of 290 feet more or less along the West side of Cypress Avenue, running a distance of 450 feet more or less along the South side of 22nd Street and running a distance of 380 feet more or le,s along the Western property line. Said parcel contains 2.75 acres more or less. Virginia Beach Borough. The request was denied as it is incompatible with the surrounding area. Virginia, said certain streets and portions of streets not being needed for public use and travel. The said streets and portions of streets so closed, vacated and discontinued being more particularly bounded and described as follows: Closure and abandonment of a portion of Old Virginia Beach Road located on the southside of 22nd Street beginning at a point 309.551 from the south east corner of the intersection of 22nd Street and Parks Ave. and thence S 490 391 01" W a distance of 94.411; thence S 400 511 01" W a distance of 131.641; thence on an arc with a radius of 124.78' in an east south- easterly direction a distance of 202.53'; and thence in a northerly direction on an arc radius of 110.01 a distance of 96.79 and thence in an east north- easterly direction on an arc radius of 202.621 a distance of 179.141; thence west along the south side of 22nd Street a distance of 160.451 to point of beginning. Section 2. That thirty (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 this City and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach, virginia on the day of 1977. Denied by City Council on March 14, 1977 2 ITEM #10557 Petitioll of CharleS J. flayes, S),. atid Jeall [),. Ilayes foi, a Chi,,n@('-Of Zt)nii,lq District Clissificat-@,,On froi-,i R-5 klesidc,nt,,il Disti,ic:t to .1 @ss @ is oii cc2i t@iri pr(-,i)cl'@ll lo-,i',@ci ()n the tiest sid. f Fir I - (, 0 St Cc)lonial Roaci begirlilt-,g @it l poi@it 118.1@ fc-c.@L Souill o-i@ t-lolfsfiar@ Road, @S a 0 ruiiiiing a distaiice of" 729 fect or ]e. 1 nu tfi,@ fllc)rtlier,n I)i-oll,rrty e rl@ ,@ t -!@stcrti line, rutiiiing a dist,@,ic:e of 760.52 fe t aio e runiiirig a distance of 660 fe(,.t rpc)r,2 oi- Icss alc)tig t@lf'. SOLI'hcr,n 1)1-ODer,ty line, i-uritiing a distcirice of 17,@,.25 feet i@i Ei (Iii'ectioii, rlinriing a dist@,,iice of 316 fect in an E@istei-@l@, rLIri@lill(j ! C!iS'@lfice of 261 fc@ot tlong the ',,!est @ridc, of First Colc)nial [?03(1, rLil@i-,-itig a distajice of 205 feet in a ile,terly dirc,.ctioit, runniiig a'distancl o@ 210 fcet. iii a tiortherly dii,eci7ion, ruiiniriq a, clistance of 20F) f'eE.,t iri'aii East(@i-ly dii-ectiori, and ruiiiiiii@j a dist@@t-ice of 159 fcet alolig tlic l.est sidc, of First Colonial Road. Said parcel coi@tairis 1".5 aci,es itiore or less, ([Ii I I top Ai-ea .LYi'4@@l-IAVEN BOROUGH. Planniiig Commission Reconinlcndatioll: A motion @.,,as passc,.d by tfie Planning Coni!ilission by a i-ecot,dcd votc@ of 11 fol, the iiiotion and I agaitist to approve this r,equest. For the information of the applicE,@iit, prior to tfie issuance of a L@uilding per- mit, the followilig will be reqtiii-ed by the ad@iiiiistrat,ive staff: 1. Statidard site iitiproverients is required by tfie Site lllan Ordiiiance. 2. City watet, and 3. A 25 foot di-ainage easenent tiill be requircd aloiig the viesterti prol)crty line if justified by the typ(, of d-velol)i!lellt. 4. Dedication of a 10 foot eas(@;ii,-@nt witli sufficieiit plantc.,d sci'cenilig alo:ig the iiorthern bouiidary to pi@ovide a buffc,.t, fot, the adjacent residential areas, a buffer along the @.@estet,n bOLindit,,y adjaceiit to tlie residential areas, and a buffer aloti(i tlic rear of tl-ic, chui,ch i,,diaceiit to this propei@ty. On motion by Councilman Griffin, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @layor Clarence A. Holland, J. Henry imecoy, Jr., Councilwoman laeyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer one week (March 21, 1977) the above petition of Charles J. Hayes, Sr., and Jean B. Hayes for a Change of ZoninE District Classification from R-5 Residential Distric-t To- @-2 Commdni-ty-Busi ess District on certain property located on the West side of First Colonial Road beginning at a point 118.15 feet South of Wolfsnare Road, running a distance of 729 feet more or less along the Northern property line, running a distance of 760.52 feet along the Western property line, running a distance of 660 feet more or less along the Southern property line, running a distance of 176.25 feet in a Northerly direction, running a dis- tance of 316 feet in an Easterly direction, running a distance of 261 feet along the West side of First Colonial Road, running a dis- tance of 205 feet in a Westerly direction, running a distance of 210 feet in a Northerly direction, running a distance of 205 feet in an Easterly direction and running a distance of 159 feet along the West side of First Colonial Road. Said parcel contains 13.5 acres more or less. (Hilltop Area). Lynnhaven Borough. I ITEM #10558 Petitioti of liadc) Dovc,.loi)n,.F,!it for, of Zonin(i Disti@ict Clcissi-fic,,Z,,tion ft,ont B.-2 Ccipi;i;t;tlity-Ptisin,-,ss Ff- fst@rict on ccrtiiii pi-or)L,.@ located oii South si(le of Old '@'ii,ginia [),cach Road be- ginniiig a poiti'll 'C'00.62 1-cet f-ast of Rcalt@, lveiiuc@, @-@iii@iirig a distance of 257.09 ft,,@@t alon(i tiic.- South si(lo of Old Vii-@iiiii Pe@,cli Roan, rtiriiirig distince of 804.."I'@ i@c,,t aloilg t@i,@, [)I,or,(,i--y I iiil, t,urnilig (i dis@@ince of 279 flct alcii, .4 tii@! Soutlic,.i,il FrC)@)el'ty litle, I'Ll:ini@ig a distaiice of 790.13 fect a.ic)ng the Dropci,',,,, Iiiie, I,(ii!@iijig a dist@ince of 50 ic.@(2t in an Eas-Lc,rly directioti, iiid ruriiin(I a distanc(? of 65.,@@2 feel, iii a f,oi-tljcrly dit,c!ction. Sa4d pcit,col contaii,.s 5.3"@6 act-c2 (O-lc-ziiiF, Card@ns At-oil). LY141@'HAVI-1-@ LIOROUGH. [Ilanning Ca:T,,iiiissior@ [Zccc)nim,@ticlai:ion: A i,iotioii i@,,Ets passe(i Lljiaiiiniou@ly by the Plaiiiiing Coii@iiission by a recorded vote of 12 to al)pt@ove tliis requp-st. For thc infov,,,natioii of the applicai,,t, Drior to the iSSLiance of a btiilding F)ei,- riit, tlie following will bc,. i,ec,.,uii,ed by tlie aclnlinistrc@tive staff: 1. Standard improvc,,.rion@s as l@CqLlir(2d by tlie Site Plaii Ordinance. 2. City @.,,ater and sc%%,er. 3. Provision of stifficieti'u ope;i space for i@eci-eation. Pi,ov 1 s i on of f i re i)rotec Li oii tT-.,E,.asLii-es i n accoi-d@iii(-e @qi tli Ci @y f i re pi-otecti oil regulE@llions fcl@ stt,uctur@'s for older IdLiltS. Further, this ordina)ice shall be effCCtiV('. Llpon satisfactc,.ry com.pliance to @'he conditioiis iinposod iii tliis niotioti, atid it is understood end agroed to by tl,,e applicant tliat ti-,e official cli,,tnqe on the z(@nitig iiiiil)s @-iill nc)t be made t;ntil the follo@iiiig coii,@it,iciis are satisfied: Dedication of adequate di,ainigc eisciii(,iits, as deterniined by the Departnieiit of Public I,,Ioi@ks, along thc.@ easterti iiid southerii prop- e@@tv lines. On motion by Vice Mayor Standing, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr,, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. 'Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer one week (March 21, 1977) the above petition of Hado Development Corporation for a Change of Zoning District Classification from B-2 Community-Business Di@trict to A-4 Apartment District on certain property located on the South side of Old Virginia Beach Road beginning at a point 200.62 feet east of Realty Avenue, running a distance of 257.09 feet along the South side of Old Virginia Beach Road, running a distance of 804.29 feet along the Eastern property line, running a distance of 279 feet along the Southern property line, running a distance of 790.13 feet along the Western property line, running a distance of 50 feet in an Easterly direction, and running a distance of 65.32 feet in a Northerly direction. Said parcel contains 5.376 acres. (Oceana Gardens Area). Lynnhaven Borough. @ @-11, " I @ III Oh motion by Vice Mayor Standing, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, mayor Clarence A. Holland, J. Henry AICCOY, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance to amend and reordain Article 6, Section 601, of the Comprehensive Zoning Ordinance pertaining to Use Regulations: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6, SECTION 601, OF THE COM- PREHENSIVE ZONING ORDINANCE PERTAIN- ING TO USE REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 6, Section 601, Use Regulations, of the C. Z. 0. is arnended and reordained as follows: (c) Conditional uses and structures. Uses and structures hereinafter specified; subject to compliance with the provisions of Part C of Article 2 hereof: (13) (144- Television or other broadcasting stations and line-of- sight relay devices. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of March 1977. APPROYED AS TO CONTE,4T Z--'S- 77 i[Y On motion by Councilman Griffin, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance to amend Sections 1.2, 4.2, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.10, 6.1, 6.3, 7.3, 7.6 and 7.7 of the Subdivision Ordinance of the City of Virginia Beach, Virginia, relating to references to the Department of Public Works: AN ORDINANCE TO AMEND SICTIONS 1. 2, 4. 2, 5. 1, 5. Z, 5. 3, 5. 4, 5. 5, 5. 6, 5. 10, 6. i, 6. 3, 7. 3, 7. 6 AND 7. 7 OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINJA BEACH, VIRGINIA, RE- LATING TO REFERENCES TO THE DEPARTMENT OF PUBLIC WORKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINJA: Tilat Sections 1. 2, 4.2, 5.1, 5. 2, 5. 3, 5. 4, s. 5, 5. 6, 5.10, 6.1, 6.3, 7. 3, 7. 6 and 7. 7 of the Subdivision Ordinance of the City of Virginia Beach, Virginia, are amended by deleting the words "Co@unity Services" and substitute therefor the words "Public Works". This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of Alarch 1977. APPROYED AS TO CONTEPIT Z-OS- 77 CITY ATIORNEY ITEM #10561 On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum Robert B. Cromwell, Jr,, George R. Ferrell, John R. Griffin, Mayo@ Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman laeyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: @None Absent: None CitY COuncil approved tbe following ordinance to amend and reordain Chapter 13, Sections 13-1 and 13-2 of the Code of the City of Virginia Beach, Virginia, and to prescribe election districts and voting places within the City of Virginia Beach: AN ORDINANCE TO AMEND CHAPTER 13, SECTIONS 13-1 AND 13-2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND TO PRESCRIBE ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY OF VIRGINIA BEACH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 13-1 and 13-2 of the Code of the City of Virginia Beach, Virginia are hereby amended and reordained to read as follows: Section 13-1: There are hereby established in the City of Virginia Beach the following election districts and their respective voting places, as set forth below: BOROUGH ELECTION DISTRICT VOTING PLACES Virginia Beach Virginia Beach - A 40th Street and Pacific Avenue Virginia Beach - B Virginia Beach Junior High School Virginia Beach - C Cooke Elementary School Lynnhaven Linkhorn Linkhorn Elementary School Seatack Seatack Volunteer Fire Department Oceana i hts of Columbus Hall 235 Firt Coloial Rad Little Neck London Bridge London Bridge Baptist Church Trantwood Trantwood Elementary School Great Neck John B. Dey Elementary School Cape Henry Research and Enlightenment Building Plaza Lynnhaven Elementary School Windsor Woods Windsor Woods Elementary School Malibu Malibu Elementary School Bayside Aragona - A Old Donation Elementary School Aragona - B Aragona Elementary School Chesapeake Beach Chesapeake Beach Volunteer Fire Department Shelton Park Shelton Park Elementary School Bayside Bayside Elementary School Davis Corner Bettie F. Williams Elementary School Kempsville Kempsville Point of View Elementary School Arrowhead Arrowhead Elementary School Larkspur Kempsville Meadows Elementary School Woodstock Woodstock Elementary School Kemps Landing Kemps Landing School Kempsville High Kempsville High School Thalia Thalia Elementary School Mount Trashmore Mount Trashmore Visitors Center Princess Anne Courthouse Holland Elementary School Brocks Bridge Barnes Store Sigma Blanton's Grocery Store Pungo Creeds Creeds Volunteer Fire Department Capps Shop Pleasant Ridge Barber Shop Blackwater Blackwater Blackwater Fire Station Central Absentee Voter City Hall, Circuit Court, Room 6 Election District Section 13-2: The geographical boundaries of the election districts as set forth in Section 13-1 are hereby established as delineated on a certain map prepared by the Planning staff of the City of Virginia Beach and captioned "Election Districts," which map is hereby approved. The clerk of the Council shall endorse on the aforesaid map the date of Council's approval thereof and file the original map with the minutes of this day's meeting and shall cause exact copies thereof to be filed ith the General Registrar of the City of Virginia Beach, the Clerk of the Circuit Court a,d the Planning Department. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 14 day of 1977 JDB:er 2-8-77 ITEM #10562 On motion by Councilman Riggs, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing. Nays: Councilwoman Meyera E. Oberndorf, and Councilman Floyd E. Waterfield, Jr. Absent: None City Council approved the following ordinance authorizing an encroachment upon and over Pacific Avenue and Twenty-First Street: AN ORDINANCE AUTHORIZING AN ENCROACHMENT UPON AND OVER PACIFIC AVENUE AND TWENTY- FIRST STREET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to the authority granted to the City Council of the City of Virginia Beach, Virginia, by Section 15.1-893 of the Code of Virginia, as amended, N. Kassir and E. Ruffin as the owners of a certain parcel of land situate in the Borough of Virginia Beach known as Lot 21 and west one half of Lot 19, Block 51, Map 2, Virginia Beach Development Co., as shown in Deed Book 1327, at Page 724, are hereby authorized to maintain encroachments of six inches on Pacific Avenue and four inches on 21st Street as shown on the attached plat, dated March 4, 1977 which is hereby incorporated by reference. These encroachments are authorized until such structure or structures as constituting the encroachments are destroyed or removed by the owners. Nothing herein contained shall in any way be construed to relieve the owners, or any of them, either jointly or severally of any negligence on their part by virtue of the said encroachments. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of March 1 1977. qn t We5.T si m&i VA- DLAe--F4 MVIE VA- I '41R&HIA OW 13 @L@;b I AT@ @o FM 1.52-1 P-724: f4-il jeW 14,o-co' P- v-r W eb-T )t LeT i cl 51 M61P @-12 VA- VA- Z] CWT9 P ra JAii - lct 77, L3'r @-LU P ZIU'W" W-i k inw @ Cl@g, YIQSI46& , \'A t4.@isk E- 13%'7 P-7-2@ It ut LU At )< l@7irta PWP. wt4b yg ITEM #10563 On motion by Councilman Cromwell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy@ Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilman George R. Ferrell Absent: None City Council approved on first reading the following ordinance to appropriate funds totaling $12,837 to establish a Virginia Alcohol Safety Action Program for the City of Virginia Beach: j 'PY /,(:T!(':,@ vi i@,(@ cf tl)c, c of V; i,7, City 1-0 ;7cclti@c t, -li@! (13-. i iiili ill, I l I)- i V:L r", I)rol,e@ty ,tn(I lly of ;,C)li; NO'%,, C()! 01;' Tl',E CI,TY 01,' V.f[,- l@@rAClj, VIIC.IINI.A: Tii,,it- a bc. c.,;t fc,r tl@o fo@llc)k.7i-llc, piirpo.,3 Re-voliuc, Tot,,il IIASAP 0 k,) 2, 8 3 'fliat tlie x.,ill Lo l,y $3@1,037 cc;tlliiqted re%,- enu-- f2,o,,ii Ticl,2wntor Coiriiilnl-t)' j, 00 C'-t -icitcd rev,,ii.Lic@ froi@o. fcc!.@, collect:ed froin cli(!iitE,. First Pe,@ding: March 14, 1977 Secon.d Rea(iiiig: Ad(,pLcd b), tlic Cc@Lillcjl of t -1,C, C-i-ty of t@l,, day of 1977. ITEM #10564 COUNCILMAN CROMWELL LEFT CHAMBERS On motion by Councilman Griffin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council approved the following ordinance to amend Chapter 2 of the Code of the City of Virginia Beach a fee for of City documents: AN ORDINANCE TO AMEND CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH ESTABLISHING A FEE FOR REPRO- DUCTION OF CITY DOCUMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: A fee shall be charged and paid into the City Treasury for furnishing maps or reproductions or copies of maps, photostats, photographs, prints, copies of manuals, land books, city charter and city code, council minutes and reports and all documents furnished by the City. I The fee shall be fixed by the department head, unless otherwise establi,hed by City Council, and shall be substantially equal to the cost incurred in searching and copying such articles and documents. However, in no event shall such charges exceed the actual cost in supplying such records. The fee shall be paid and collected at the time each such article or document is furnished or supplied. Adopted by the Council of the City of Virginia Beach on the- 14 day of h 1977. ITEM #10565 On motion by Councilman Ferrell, Seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman lvleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council approved the following ordinance declaring certain property excess and authorizing the City Manager to advertise for public bid: Requested by City Manager: AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR PUBLIC BID BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHERFAS, a certain parcel of real property located in Lynnhaven Borough entitled Plat of Property owned by the City of Virginia Beach, Virginia and dated October 20, 1976 and prepared by Chewning-Hoggard-Adkins, Inc., 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 advertisement for public bid; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to advertise for public bid the below described property under such terms and conditions as he deems proper. Running a tie line from a point located at the southwest corner of Lot 11, Block 5, Lynnhaven Shores, as recorded in Map Book 7, page 167; thence proceeding along the southern property line of Lot 15, in a westerly direction a distance of 81.58 feet to a point; thence turn- ing south 100 - 19'-00" east a distance of 25 feet to the POINT OF BEGINNING; point of beginning being station 640 + 5.97 on the northern right of way line of the property formerly owned by Norfolk and Southern Railroad, as shown on Map Book 82, page 51A; thence proceeding north 790 - 41' - 00" east a distance of 186.96 feet to a point; thence south 220 - 28'-16" east a distance of 51.15 to a point on the southern right of way line of the property formerly owned by Norfolk and Southern Railroad; thence along the line south 790 - 41'-Ou' west a distance of 197.73 feet to a point; thence along the arc of a curve to the right a distance of 6.05 feet with a radius of 1935.08 feet to a point; thence turning north 100-09' - 15" west a distance of 50.00 feet to a point an a curve; thence pro- ceeding along the former northern right of way line following a cur-ve to the left a distance of 5.89 feet, and having a radius of 1885.08 feet and the tangent bearing being north 790 - 51' - 45" east to the point of beginning, containing 0.227 acres. This ordinance shall be effective from date of adoption. Pursuant to 15.1-307, Code of Virginia, as amended, a recorded affimative vote of threelfourths of all the members elected to the Council is required for adoption of this ordinance. JDB:er 3-4-77 COUNCILMAN CROMWELL RETURNED TO CHAMBERS On motion by Councilman Waterfield, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Aleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approved the following addendum to contract dated December 9, 1974, between National scientific Corporation and the City of -ion Beach, inia, for ofess' al services in connection with the Beach Adult off nder Trans etion Statistics and Man ment InfoFma-ti n Sys ADDENDUM TO CONTRACT DATED DECEMBER 9, 1974, BETWEEN NATIONAL SCIENTIFIC CORPORALION AND THE CITY OF VIRGINIA BEACH, VIRGINIA, FOR PROFESSIONAL SERVICES IN CONNECTION WITH T[IE VIRGINIA BEACH ADULT OFFENDER TRANSACTION STATISTICS AND MANAGEMENT INFORMATION SYSTEM. WHEREAS, National Scientific Corporation has requested an extension of tiitie for completion of the December 9, 1974, contract and the City of Virginia Beach does hereby consent to an extension outlined below. NOW, THEREFORE, National Scientific Corporation and the City of Virginia Beach, Virginia, the parties hereto, on this day of 1977, do mutually agree as follows: 1. An addendum is hereby made to the Deceniber 9, 1974, contract to extend tlie time allowed for completion of said contract by a period of eighteen (18) months, to-wit: from June 3, 1976, to midnight, December 2, 1977; provided, however, that the provisions of the Decembcr 9, 1974, contract, except as modified herein, are in full force and effect, including, but not limited to, provisions for termination of the contract. 2. National Scientific Corporation is hereby authorized to sub- contract for the period between September 16, 1976, and December 2, 1977, with the City of Norfolk for the pui,pose of installing TRACER modules applicable to the Virginia Beach Adult Offender Transaction Project, LEAA Grant Number 74-DF-03-0011, in the manner and according to the System Design presented to the City of Virginia Beach by tlie Natioiial Scientific Corpora- tion in accordance with their proposal dated JLily 5, 1974. The subcontract between the National Scientific Corporation and tlie City of Norfoll, stiall adliere to all applicable LEAA grant guidelines and is subject to writteii approval by tfle City of Virginia Beach. 3. National Scientific Corporation specifically agrees to provide a valid Perforinance Bond, or proof that the existing Performance Bond is still in full force atid effective tlirougii Decenibor 31, 1977. 4. Compensation shall be made directly to the subcontractor by the City of Virginia Beach according to the work plan specified in the sub- contract between National Scientific Corporation and the City of Norfolk as approved by the City of Virginia Beach. Payments shall be made to the City of Norfolk upon presentation of an invoice for services rendered during the billing period less a ten percent (10%) hold back. The total amount, including the ten percent (10%) hold back paid to the City of Norfolk, shall not exceed $30,060 for the TRACER modules, program modifications, and the software interface for communications capabilities between the City of Norfolk's and the City of Virginia Beach's Central Processing Units. Com- pensation paid to the City of Norfolk shall be deducted from the grant funds remaining available as of June 3, 1976, in the amount of $44,382.38, which amounts represent the balance of funds remaining under the December 9, 1974, contract as amended April 24, 1975. 5. National Scientific Corporation agrees to receive as compensa- tion $5,348.45 (Five thousand three hundred forty-eight and 45/100 dollars) for services provided to the City of Virginia Beach during the months, June through October, 1976. It is specifically agreed that the compensation mentioned above is predicated upon completion by National Scientific Corporation and acceptance by the City of Virginia Beach of the @larrants Module referred to in National Scientific Corporation's System Information Requirements dated January 9, 1975. National Scientific Corporation further agrees that no additional nionies, including the ten percent (10%) hold back, shall be owed to National Scientific Corporation by the City of Virginia each. WITNESS the following signatures and seals. CITY OF VIRGINIA BEACH, VIRGINIA By (SEAL) City Manager ATTEST: -2- NATIONAL SCIENTIFIC CORPORATION B (SEAL) resident ATTEST: Se retary STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 1, , a Notary Public in and for the City and State aforesaid, do hereby certify that GEORGE L. HANBURY, City @lanager, and RICHARD J. WEBBON, City Clerk, for the CITY OF VIRGINIA BEACH, VIRGINIA, whose names as such are signed to the foregoing Addendum to Lease AgreetTient Dated Deceirber 9, 1974, bearing date on tile day of 1977, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1977. Notary Public My Coniinission Expiresi STATE OF VIRGINIA CITY OF to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that President, and Secretary, for NATIONAL SCIENTIFIC CORPORATION, whose nanies as such are Ill signed to the foregoing Addcndum to Lease Agreement Dated December 9, 1974, bearing date on the day of 1977, have -3- ackiiowledgeJ ttie same before me in nly City and State aforesaid. GIVEN under my hand this day of 1977. otary Public My Commission Expires: CO'qTENT'.) @,S To Fon IIIA CITY ATTOP,@,IEY -4- ITEM #10567 On motion by Councilman Waterfield, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None CitY Council voted to approve tbe following agreement between the CitY of orfolk, the CitY of Virginia Beach, and the National Scientific nal services in connection with the establisnment 01 the inia Be c@h dult Offe-nd r Transaction Statistics and n ement InformatTon-sv tem THIS AGREEMENT, Made this _ day of 1977, by and between the CITY OF NORROLK, the CII'Y OF VIRGINIA BEACIJ, and the NATIONAL SCIENTIFIC CORPORATIOli, hereinafter referred to as "N.S.C.". WHEREAS, the City of Virginia Beach contracted on December 9, 1974 with N.S.C. for professional services in connection with the establishment of the Virginia Beach Adult Offender Transaction Sta- tistics and Management Information System (VAOS), funded by LEAA Grant Nuniber 74-DF-03-0011; and WHEREAS, the City of Virginia Beach and N.S.C. desire to engage the City of Norfolk to coml)lete said contract between Virginia Beach and N.S.C.; and WHEREAS, the City of Norfolk is willing to provide the professional services necessary to carry out the terins of said con- tract; and WHEREAS, the parties agree that mutual cooperation and coordination of the TIIACER System in bo-@h cities is highly desire- able. NOW, TIIEREFORE, WITNESSETH: That for and in considera- tion of the mutual promises contailied herein, the parties hereto hereby agree as follo@-is: 1. Tlie City of Norfol)@ agrees to I)rovide the profession- al services and the soft@,7are interface iiecessary to adapt tlie Norfolk TRACER System for use by Virginia Boach, vlliich will have the effect of completing the Deceml)--r 9, 1974 contract between the City of Virginia Beach and N.S.C. that compensation for said services and interface shall be paid di- rectly to tlie CitY of NorfOlk bY the Ci@y Of Virginia Beach in th, amount of Twenty one Tiaousand ($21,000-00) Dollars; and further N.S.C. agrees th,t it, N.S.c., sliall have no claim to the above mentioned monies. 3, The CitY Of Virginia Beach alld N.S.C. aciree that tile CitY Of Norfolk MaY sub-contract for any services it deems appro- Priate in the Pelformance Of this agreement. The CitY of Norfolk shall be responsible fOr conipensatio, to any and all such sub,,n- tractors. 4, The CitY Of Norfolk shall not be liable for any lork pe.rformed or iiot p rfo , e 3-med under tlle December 9, 1974 contract prior to the date of tllis agreement, @'S-C- specifically agr s larnllcss from any and all claims ari@ing out of to hold Norfolic 1 ce said contract. N.S.C. further agre(-,s t, provide a valid perfonrl- ance bond in the airount Of $98,547.53 to he in full firce and effect until the cO'RPletion date of thi, aureemollt. S. The time Of completion of thi, greement shall be December 31, 1977. IN WITNESS WHEREop, the parties liereto have executed this agreement as of th, d,te first above i-iritten. CITY OF NORF'OLK By ATTEST: C-itY 14.ng,, Ci,LY C] Tk Ar,provod "s tO f 03'-,!' aj)d cL)rr(, cliiess: L CITY OF VIRGINIA BEAC11 By ci y ATTEST: APPk'OVED AS TO CONTE,'4T City Clerk Approved as to form and correctness: AS TC) FG.Z[.,l Assi@4nt City Attorney CITY ATTORr@;:Y NATIONAL SCIENTIFIC CORPORATION By President ATTEST: Secretary ITEM #10568 On motion by Councilman Waterfield, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. @Vaterfield, Jr. Nays: None Absent: None City Council voted to approve the following agreement between the City of Norfolk and the City of Beach ein to 00 erate to ada@ th Norfolk Adult Offender Transaction Statistics and Management Information System for use by the City of Virginia Beach: THIS AGLRELIAENT, Made this day of -, 197-, by and betueen the CITY OF NORFOLK and the CITY OF VIRGINIA BEACII. WHEREAS, the City of Norfolk and the City of Virginia Beach have agreed to cooperate to adapt the Norfolk Adult Offender Transaction Statistics and Management Information System (TRACER) for use by the City of Virginia Beach; and WHEREAS, additional computer hardware and hardware mainte- nance are necessary to achieve said purpose; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promisc,.s contaiiied herein the parties hereto hereby agree as follows: 1. The City of Norfolk agrees to purchase and install computer hardware and provide maintenance for said hardware neces- sary to adapt its TRACER System for use by the City of Virginia Beach. 2. The City of Virginia Beach agrees to pay to the City of Norfolk the sum of Fifty Tliree Thousand Four Hundred Sixty ($53,460.00) Dollars, representing $44,400.00 for hardware, and $9,060.00 for maintenance, for the period January 1, 1977 to December 31, 1977. 3. The parties hereto intend to renegotiate the terms and conditions for renewal of this agreement on a yearly basis until the full cost of the additional hardiqare and hardware maintenance necessary to adapt the Norfollr TPACER System for use by tlie City of Virginia Beach is reimbursed to the City of Norfolk by the City of Virginia Beach. Nothiiig in this paragraph shall be colistrued to ex-- tend the term of this agreement beyond Decei7nber 31, 1977. For each year renewal is agrood upoii, a separate agreement, based on one caleiidar year, shall be executed. 4. Neither Darty h(--,reto sliall assign its rights and responsibilities hereunder without tlie prior written consent of tlie other party. IN WITNESS lql]ERr-OF, the parties hereto have executed this agreement as of the day and year first above written. CITY OF NORFOLK By City Manager ATTEST: City Clerk Approved as to form and correctness: s @-a ney CITY OF VIRGTNIA BEACH By City Manager ATTEST: ArPi'.OVt:D AS TO CO'r%'T-r@iT City Clerk Approved as to form and correctnc_lss: Assistant,,Q.i y @ tori-i@y TTEM #10569 On motion by Councilman McCoy, seconded by Councilman Ferrell, and bY recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, mayor Clarence A. liolland, J. I-len,y McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. l,;aterfield, Jr. Nays: None Absent: None City Council approved the following tax refunds in the amount of $188.70: l@-orin: AN ORF)TNANCE AUTI[ORIZING TtX Rr,,F-UNDS Date 2-25 - 77 UPON AIIPI,ICATION 01,' CERTAIN PERSONS AND UPON CERTIFICATION OF TIIE TItEASUrER FOR PAYMENT BE IT ORDAII'ED BY niE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are liereby approved: cts188.70 TAX TYPE TICKFT EXOI@IERA- DATE NAME YEAR OF TAX NTRIBER TION NO. PAID PENALTY INT. -TOTAL Robert D. 14ilson 1977 CD 38072 1-27-77 15.00 38073 1-27-77 15.00 -Douglas E. Greenwood 1977 CD 60739 1-29-77 7.50 .iope L. Davis 1977 CD 53980 1-21-77 7.50 Gr,lce M. Moody 1977 CD 30428 1-17-77 15.00 301429 1-17-77 15.00 @l. E. & E. H. Beasley 1977 CD 50109 1-7-77 7.50 Frank J. Claser 1977 Cl) 40709 1-4-77. 7.50 D. V. Schermerhorn 1977 CD 60579 1-28-77 15.00 I'@rvie Sawyer 1977 CD 621'12 1-29-77 7.50 Maurice W, Smitli 1977 CD 1521 1-28-77 7.50 Robert Lucco 1977 CD 1990 1-28-77 7.50 .Iorace T. W[iite 1977 CD 18808 1-24-77 7.50 7@dward L. Lewis 1977 CD 4861@6 1-17-77 7@50 larl H. Sewell 1977 CD 97714 1-20-77 7.50 "indsey Bros. Inc. 1977 CD 55991 1-26-77 15.00 @IcDonal.d, Louis A. 1976 IPP 99025 12-5-76 1.6.20 R. & S. R. Jessee 1977 CD 0'4017 1-31-77 7.50 The above abatement(s) total4n-@ Certif.@ed a;,7 to payrrart; were approved by the Council of the City of virginia Beach ori the 14 _ day of arch Approved as to form: Cit Attoracy ITEM #10570 On motion by Councilman Ferrell, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J, Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved standard sewer agreements for the Resubdivision of Lots B and C, North of Wolfsnare Road, facing First Colonial Road, in the Lynnhaven Borough of the City of Virginia Beach: ITEM #10571 On motion by Councilman Griffin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Bingo/Raffl.e Permits: German European American Society of Virginia, Incorporated Virginia Beach Jaycees, Incorporated ITEM #10572 On motion by Councilman Griffin, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen Jobn A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to reappoint the following to the Virginia Beach Juvenile Court Advisory Council, terms beginning Marcii 14, 1977: @Ir. Bernard G. Barrow Mr. A. C. Cartwright Mrs. James E. Rinehart City Council also appointed the following to tbe Virginia Beach Juvenile Court Advisory Council, terms beginning March 14, 1977: i,liss Gigi Gullickson - to fill the unexpired term of Commander Clark 1,1. Gar.@imill ldrs. Walter R. Kobolt - to fill the unexpired term of Ms. Carol Ann McDonald ITEM #10573 On motion by Councilman Cromwell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Tiolland, J. Henry @,leCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patricl: L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: lqone City Council voted to reappoint Mr. H. Calvin Spain to the Eastern Virginia IIealth Systems Agency, Incorporated. Term beginning Uuly 1, 1977 and terminating June 30, 1980 (3 year term). ITEM #10574 Mr. John Alcorn appeared before City Council and presented a report on the progress made by the Energy Conservation Committee of Virginia Beach. Mr. Alcorn stated that the committee received many valuable ideas on conserving energy, and many were implemented by the Federal Government. In November of 1975, a program was implemented, the Virginia Beach Pilot Energy Conservation Program, to inform citizens of Virginia Beach how they can cut their energy consumption and save money. The Committee did the following: 1. Ileasure the home, draw plans of the home and review the past, present and future utility bills. 2. Run engineering calculations to establish what these consumptions should be 3. ilfeet with residents in their homes to share the information gathered 4. Pictures were taken of some of the homes between the hours of Midnight and 4:00 a.m. with infrared lighting. ITEM #10575 Councilman McCoy requested Mayor liolland to meet with him later to discuss the meeting held on March 14, 1977 with the Legislators. ITEM #10576 On motion by Councilman Griffin, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adjourn into Executive Session. ITEM #10577 At 4:30 p.m., City Council reconvened with the following Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R, Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman @,,Ieyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, and by unanimous vote, the meeting adjourned at 4:35 p.m. Richard J. We@ .@on, City Clerk Mayor Clarence A. Holland,-M.D. City of Virginia Beach, Virginia 14arch 14, 1977