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HomeMy WebLinkAboutMAY 15, 1978 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA May 15, 1973 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Vice Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on @ionday, May 15, 1978, at 1:00 p.m. Council Members present: John A. Baum, Robert B. Crorqwell, Jr. , George R. Ferrell, John R. Griffin, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Members absent: Mayor Clarence A. Holland, and J. Henry McCoy, Jr.* ITEM #12126 Vice Mayor Standing entertained a motion to permit Council to conduct an informal session to be followed by an executive session for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 3. Consultation with legal counsel and briefing by staff members, consultants, or attorneys per- tainin.@ to actual or potential liti@.ation, or other legal matters within the jurisdiction of the public body. On motion by Councilman Griffin, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Bauui, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Rig@.s, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland, and Councilman J. Henr,, McCoy, Jr. City Council voted to proceed into the executive session following the informal meeting. TTEM #12127 COUNCTLMAN MCCOY ENTERED MEETING AT 1:07 p.m. The City @lanager stated that the developer of Timberlake has requested the City to permit them to make 5-1/2 acres of land commercial instead of single-family, which would be acceptable to the City. This was brought to Council's attention for their information. TTEM #12128 The City Manager stated that there was a rezoning or use permit application which came before Council, and one of the stipulations was for a cul-de-sac wil'i a 60- foot turn. The City felt that even though the law stated that there has to be a 60-foot turn on a cul-de-sac they felt it was t(,,osevere. The City Manager stated that the staff bas made some modificatioils on this, which would reduce tlie right-of-way to a 40-foot minimum. 5 / 1 5 / 7 8 - 2 - ITEM #12129 At 2:00 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, J Ilenry McCoy, Jr., Councilwoman 14eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing Council Members absent: Mayor Clarence A. Holland, and Floyd E. Waterfield, Jr.* The invocation was given by Mr. Richard J. Webbon, City Clerk, followed by the Pledge of Allegiance. ITEM #12130 On motion by Councilman Ferrell, seconded by Councilman Rog.@, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Ilayor Clarence A. Holland, and Fl.oyd E. Waterfield, Jr. City Council voted to approve tlie minL,L@,s of thc r@gular meeting of May 8, 1978, with corrections to item #12109, and dispensed WiLh the reading of said minutes inasmuch as each Council Member had a copy. The correction is as follows: "Funding must be acquired from HUD within one year; and if the funding is not received the owners vol- untarily agree that the City may revert the property back to 1-1 (Light Industrial District) and the oxvners will submit a letter to that effect to the City Attorney to be made a part of this application. The letter will be submitted within 30 days from adoption of this ordinance. ITEM #12131 Vice Mayor Standing presented a Resolution of Appreciation to V. A. Etheridge, former City Treasurer of the City of Virginia Beach, Virginia: I-EM #12132 COUNCILMAN WATERFIELD ENTERED MEETING AT 2:20 p.m. On motion by Councilman Baum, 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, J. Henry McCoy, Jr., Councilwoman Meyera E. Oherndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland City Council voted to deny the request of Mr. and Mrs. James Keffer for a Free Standing Mobile liome.. 5 / 1 5 / 7 8 - 3 - ITEAI #12133 Mr. Norris E. Halpern appeared before City Council requesting an amendment to the Co.prehensive Zoning Ordinance in the H-1 District. Mr. Halpern presented to Council a proposed ordinance which would permit hotels and offices in the li-I District, subject to a use permit. After considerable discussion, Councilman Cromwell made a motion, seconded by Councilman Payne, to prepare a proper ordinance to permit hotels and offices in the H-1 District. The recorded vote is as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @iayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland City Council voted to direct the City Attorney to prepare a proper ordinance to permit hotels and offices in the 11-1 District. ITEM #12134 On motion by Councilman McCoy, 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, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberildorf, J. Curtis Payne, Roger L. Rig-,s, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland City Council voted to approve the following consent agenda, items 10b through 10L, with the exception of item 10a. 5 / 1 5 / 7 8 - 4- ITEM #12135 On motion by Councilman McCoy, seconded by Councilman Ilaterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cronwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Me,,era E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland City Council voted to approve on first reading the following ordinance to accept a grant totaling $3,151 from the Virginia Highway Safety Division and tb approp- riate these funds: AN ORDINANCE TO ACCEPT A GRANT TOTALLING $3,151 FROM THE VIRGINIA HIGHWAY SAFETY DIVISION AND TO APPROPRIATE THESE FUNDS WHEREAS, the City of Virginia Beach desires to further train its traffic engineers in regard to highway safety, and WHEREAS, application has been made to the Virginia Highway Safety Division to accomplish this and a grant has been awarded to the City for this additional training. 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 in behalf of the city and funds are hereby appropriated for the following purpose: Estimated Revenue Local Total From Other Ag nc@ies Match riation Highway Safety Trng. @575 $1,576 $3,151 That the appropriations will be financed by $1,575 estimated revenue from the Virginia Highway Safety Division, a local cash match of $805 to be transferred from the Reserve for Contingencies-Regular, and a local in-kind match of $771, which will be satisfied from salaries previously appropriated. FIRST READING: Ma, 15 1978 SECOND READING: -b- ITEM #12136 On motion by Councilman McCoy, 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, J. Henry McCoy, Jr., Councilxqoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick I,. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland City Council voted to approve on first reading the following ordinance to accept a grant totaling $2,121 from the Virginia Association of Coinmonwealth's Attorneys and to appropriate these funds: AN ORDINANCE TO ACCEPT A GRANT TOTALLING $2,121 FROM THE VIRGINIA ASSOCIATION OF Com4oNWEALTHIS ATTORNEYS AND TO AIIIIROPRI- ATE THESE FUNDS: BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA: That a grant from the Virginia Association of Coulmonwealth's Attorneys (VACA) for tbe employment of three law interns during the summer of 1978 be accepted and appropriated as follows: Estimated Revenue Local Total From Other Agencies Match Appropriations LAW INTERN PROGRAM $2,015 $106 @2,121 That the appropriations will be financed by $2,015 estimated revenue from the VACA, and a local share of $106 to be transferred from the surplus in the Commonwealth's Attorney's Operating Budget. BE IT FURTHER ORDAINFD: That the City Manager is hereby authorized to sign the necessary papers to accept this grant award on behalf of the city. First Reading: May 15, 1978 Second Reading: Adopted by the Council of the City of Virginia Beach on the day of 1978. - 6 - ITEM #12137 0. ..ti.. by c .... il-. M@C.y, .-..d@d by W.t@@fi@id, .@d by @@@.@d@d Ay..: C .... il.@. J.h. A. B@-, R.b@@ B. C@.-@ll, J,., G..@g@ R. F@-.11, J.h. R. G@iffi., J. H@.@y M@C.Y, J@., M@y@@. E. Ob.@.d.@f, J. C.@i, P.y.@, R.g@@ L. Rigg., Vi@@ M@y.@ P. -i.k L. SI..di.g, ;@.d Fl.yd E. W@,@@fi@d, J@. N.y.: N..@ Ab ... t: M.y.@ A. 11.1l..d City C...@il v.t.d t. pp@.v@ th@ f.11-i.g .,di ..... t@ ..@,@d A@ti@l@ V @f Ch.pt@@ 2 f th. C.d@ f th@ City f Vi,gi.i. B-@h by ddi.g th@@,t. .-ti.. p@@@i.i.g -.@d @h@,ks .,, th. AN ORDINANCE TO AMEND ARTICLE V OF CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH By ADI)ING THERETO A NEW SECTION PERTAINING TO CRItil@IAL RECORD CHECKS ON THOSE PERSONS WHO HAVE ACCESS TO CRIMINAL HISTORY I@IFOR@IATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI@IIA BEACH, VIRGINIA: Th@t Article V of Chapter 2 @f the code of the city of Virginia Beach, Virginia, be ame,ded by adding the follovoing new section. Section Background investigatio,s of applicants for any position which allows access to Criminal History Information. In order to determine if any past criminal conduct of ,y applicant for ri.inal history information would be compatible a position which alIO-S access to c oced shall v,ith the nature of the position under consideration, the following Pr ure be followed: 1. Each applicant for any position which allows access to criminal history information shall furnish a classifiable set of fingerprints to the Depart- ment of Police. 2. The Chief of Police and members of the Department of Police acting in his name are authorized to conduct a field investigation and directed to conduct criminal record checks on each applicant for employment in any position which allows access to criminal history information. 3. The Chief of p,li,e or a member of the Police Department acting on his behalf shall prepare a factuai sumary of the background investigation and criminal records check of each such applicant, and such sumary shall be used for the purpose of determining the fitness of an applicant. 4. Background investigations and records checks include records of all arrests and dispositions as an adult. Records of arrests and dispositions, while an applicant was considered a juvenile, shall be transmitted only when authorized by court order, court rule, court decision, federal regulation or state statute, authorizing such dissemination. 5. Criminal history records and inforniation Shall include arrest and disposition data o, file in the National Crime inform@tion Center, the Federal Bureau of Investigation, the Department of Defense, and all other federal, state and local law enforcement agencies. 5 / / - 7 - 6 Any applicant for a position which allows access to criminal history information who is denied employment on the basis of the investigation summary referred to in this ordinance may inspect that summary for the purpose of clarifying, explaining or denying the accuracy of its contents. 7. Use of criminal history record information contained in the summary referred to above shall be limited to the purpose for which it was given and may not be disseminated further. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 _day of 1978. APPROV TO CONTENTS SIGNATURE DEIIARTMENT APPROVED AS TO FORM _r@- - I-,e - 816NATURE @ITY ATTORNEY Note: For dissemination of criminal history record information, see 19.2-389 Code of Virginia, as amended. DHY:kg 4/13/78 5 / 15 7 8 - 8- ITEM #12138 On motion by Councilman McCoy, 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, J. Henry McCoy, Jr., Councilwoman Meye;a E. Oberndorf, J. Curtis Payne, Roger L. Ri@.gs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland City CQuncil voted to approve the following ordinance authorizing an encroachment upon and over Atlantic Avenue - Sir Richard's Rib House: AN ORDINANCE AUTHORIZING AN ENCROACHMENT UPON AND OVER ATLANTIC AVENUE 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, 1950 as arnended. The owners of a certain parcel of land situate in the Borough of Virginia Beach now known as Sir Richard's Rib House, 2014 Atlantic Avenue, Virginia Beach, Virginia, are hereby authorized to maintain an encroachment on Atlantic Avenue of not more than four (4) inches from street level to a height of nine (9) feet and from that point upward an encroachment of four (4) feet is authorized. A plat, dated April 21, 1978 is attached hereto and incorporated by reference. These encroachments are authorized until such structure or structures as constitute the encroachment are destroyed or removed by the owners. Nothing herein contained shall in any way be construed to relieve the omers, or any of them, either jointly or severally, of any negligence on their part by virtue of said encroachment. This ordinance shall be effective from date of adoptic)n. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of may 1978. 5 / 1 5 / 7 8 Li @Irc- Tiorl ARTHUR KC3 9 -ure EA5 ARTHUR KONIKO" TER N K 'Sift r-ir-LiLD1.5 @i@ Sf - I 1 - ITEM #12139 On motion by Councilman McCoy, 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, J. He@ry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standin@., ,d Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland City Council voted to approve the following ordinance to authorize acquisition of property in fee simple for right-of-way for Bonney Road Project 2-705 and the acquisition of temporary and permanent easem,nt' Of right-of-way, either by -tcquisition or (,oLidemnation: AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPL@ FOR RIGHT- OF-kFAY FOR BONNEY ROAD PROJECT 2-705 AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-14AY, EITHER BY ACQUISITION OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the CitY of Virginia Beach Virginia, a public necessity exists for the construction of this important road- way to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, moral and for the welfare of the people in the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CO(JNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney and/or Deputy City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-236 et seq. and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right-of-way as shown on the plans entitled, "City of Virginia Beach Department of Public 14orks Plan and Profile of Proposed Construction of Bonney Road From: 0.33 miles east of Independence Boulevard to Rosemont Road ProjectLength Approx. 2.001 miles." These plans being on file in the Office of Real Estate Department of Public 14orks, Virginia Beach, Virginia. Section 2. That the City Attorney and/or Deputy City Attorney is hereby authorized to make or causeto be made in behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney and/or Deputy City Attorney is hereby authorized to institute proceedinas to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virgini'A, on the APPRO TENTS 15 day of 1978. ITEM # I I 1214o O" notion by Councilinan MCCOY, secon6e6 by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B- CrOmwell, Jr., George R. Ferrell, John R. Griffi@, j. Herry McCOY, Jr., Councilwoman Meyera E. Oberndorf. J. Curtis Payne, Roger L. Rigg,, Vice Mayor Patrick L. Standing, and FI-yd E. Water'field, Jr. Nays: None Absent: @layor Clarerice A. Holland CitY Council voted to approve th,? following ordinance declaring certai@ property excesS and auth.rizing the City Manager to advertise for Public bid a.d t. dispose of same: AN ORDINANCE DECLARING CERTAIN PROPERTY E-XCESS AND AUTHORIZING THE CITY '@'@ANAGER TO ADVERTISE FOR PUBLIC BID AL-ID TO DISPOSE OF SN@1E. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: t'@'HEREAS, a certain par,el of real property located in Lynnhaven BorOugh as shown on that certain Plat entitled "Plat Showing Property Owned By Madeline C. Nelligar, Virginia Beach, Virginia" and dated August 30, 1977 and prepared by Baldwin & Gregg, Ltd., 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 t4P,EREAS, it is now considered suitable to dispose of this prop,rty by advertisement for public bid; NOI,I, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGI@IIA: That the City @,lanager is hereby authorized to advertise for public bid and to convey the below described property under such terms and conditions as he deenis proper. All that certain lot, piece or parcel of land situate in the City of Virginia Beach, Virginia, and as outlined in red as shown on that certain plat entitled "Plat Showing Property Owned by Madeline C. Nellioar" Virginia Beach, Virginia, Scale 1" = 25', datpd August 30, 1977, said plat being attached liereto and marked "Exliibit A." This ordinance shall be effective frorr- date of adoption. Adopted by the Council of the City of Virg ii@OR6Vf6 A%i It nd,,,NTIIIITS the 5 day of 1978. E NT A' To IOR14 ,.. ATl@@ CITY ATTORNEY Pursuant :D m -n z c o Z> x rn 0 > En :0m r- 0 Z .@ rl> m > 0 0 ;u 0 > CD 0 > > r ;o %p m L. Z 0 )> m M 4' 0.4 (A 0 0-@,w (D LI) (.0 U) 0 $D jo 0 -n 4.@ N 89'.37'32" E 30 0 0 z 0 70 P c- Z o 0 o z C, rn to -o x 0 rn 93 C- 0 ;D Z rn t o, 0 r- TEMP, > s 8912 M 52,0' OSED 4@ 30@0' .0 C) EXISTING RZ.-@-- z rn r- z S 69'29'.31" W @ONSTR@ICTION (L + +74 + 0 0 VIRGINIA BEACH BOULEVARD C) 0 1 4- ITEM #12141 On motion by Councilman McCoy, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Jhn R. Griffin, 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: Mayor Clarence A. Holl@nd CitY Council voted to adopt the following resolution requesting the Virgini.a Depart- ment of Highways and Transportation to program the engineering design, plans and con- struction for the improvement of Oceana Boulevard a sufficient distance north and south of the @lain Gate entrance road to Oceana Naval Air Station for an estimated total project length of approximately 0.3 miles: RESOLUTION WHEREAS, the Department of the Navy has indicated its willing- ness to participate in the improvement of Oceana Boulevard in the vicinity of the Main Gate entrance road to the Oceana Naval Air Station in the City of Virginia Beach; and WHEREAS, the City of Virginia Beach wishes to improve Oceana Boulevard in the vicinity of the Main Gate entrance road to Oceana Naval Ait Station; and WHEREAS, the contemplated improvement is urgently needed and is in consonance with the Southeastern Regional Master Transportation Plan and the City of Virginia Beach Master Street and Highway Plan; and WHEREAS, the Virginia Department of Highways and Transportation will administer and undertake the development of this project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the Virginia Department of Highways and Transportation is hereby requested to program the engineering design, plans and construction for the improvement of Oceana Boulevard a sufficient distance north and south of the Main Gate entrance road to Oceana Naval Air Station for an estimated total project length of approximately 0.3 mile. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to contribute 40% of the project costs for the improve- ments to Oceana Boulevard in the vicinity of the Main Gate entrance to the Oceana Naval Air Station, including eiigineering design, right-of-way acquisition, utility relocation and adjustments and construction; and 60% of the cost of these improvements including engineering design, right-of-way acquisition, utility relocation and adjustments and construction will be contributed from Navy access road funds, and the improvement required to the entrance road up to the western edge of the Oceana Boulevard right-of-way will be financed with Navy military construction funds, and the necessary funds for the City's share will be appropriated for these purposes. AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees that if sucli project is established and Virginia Beach decides at any time not to proceed further with it, then, by this resolution, Virginia Beach agrees to reimburse the Highway Department for one hundred percent (100%) of the City's cost incurred for sdid project, up to the time of its abaridonment. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of a 1978. 5 / 1 5 / 7 8 1 6 - f Virginii (Di @he City 0 f the f the l@ .vhe.@ regulz@r,T' OU@ 0 I 9 78 11 eld In tl-117 C ng on tion ;uild-L l - _ 1_5 d@y 01 M nd soconl-cd b) 011 noticn l-,y Councilman @c tion was adoptcd.@ c..ncilman Wlater l@ell- A PVSOLUTIO@N AUT OIZING CITY H R bg.NAGEP, i@ND CI-PY TO I,IXECTJI@'E A CERTAIN AGRE'-@'IAE@IT RLI-;'@T3 NG TO CITY OF tiORFOLK LEASE AGREEMENT WITH ON GREEN RUN FARM. OUNCII, 01' TIIE CITY OF VIRGINIA BE IT RI@SOIVr-D By TIIE C i3EACII, VIRGINIA: ci,,k are hereby That thc City 14anager and tlic City ttaclied authori.zed tO exec"te an agrecment, a Opy of which is a ,,,ting tc lease 6n Green Run Farm. hereto r ADOPTED by the council of the CitY of Virgini.a Beach, May 19 78 Virgi.nial th3.s 15 day of APPROVED: or ATTEST: C.-LY clc!rl - 1 7 - CITY OF NORFOLK AGREMENT OF LEASE THIS AGREAENT OF LEASE, Made this 5th day of May, 1978, by and between the CITY OF NORFOLK, a municipal corporation of the State of Virginia, hereinafter called "LESSOR," and the CITY OF VIRGINIA BEACH, hereinafter called "LESSEE." WITNESSETH, That the LESSOR lets unto the LESSEE all that certain property containing 100 acres, more or less, being a portion of the land referred to as the "Green Run Farm," located in the City of Virginia Beach, Virginia, and more particularly shown on the plat, attached hereto and made a part hereof. The above letting is on the following terms and conditions: 1) This lease shall cotmaence on May 9, 1978 and expire on January 22, 1982, at midnight. 2) Either party hereto may terminate this lease at any time during the term of said lease by giving the other party hereto written notice of at least six (6) months prior thereto. The LESSOR reserves the right to mail by ordinary mail said notice to terminate lease, or to deliver said notice to the LESSEE or any authorized agent of LESSEE. The LESSEE accepts these conditions as the legal means to cancel lease. 3) The rent for the entire term of this lease shall be TWENTY TWO THOUSAND FIVE HUNDRED FOUR AND 00/100 DOLLARS ($22,504.00). This amount shall be known as the "full rental amount" and consist of payments for the initial period May 9, 1978 through January 22, 1979 of FOUR THOUSAND FIVE HUNDRED ONE AND 00/100 DOLLARS ($4,501.00) payable in equal installments of TWO THOUSAND TWO HUNDRED FIFTY AND 50/100 DOLLARS ($2,250.50) on the date of signing said lease and again on September 1, 1978, and for the remaining three years thereafter, SIX THOUSAND AND ONE 00/100 DOLLARS ($6,001.00) per year, payable in equal installments of THREE THOUSAND AND 50/100 DOLLARS ($3,000.50) semi-annually on each January 23 and September 1. Checks shall be made payable to the City Treasurer, and mailed to tlie City Real EsLate Agent, Room 501, City Hall, Norfolk, Virginia 23501. - 1 8 - 4) The property shall be used exclusively 'Or agricultural purposes. 5) No'timber shall be removed from the leased area without the written consent of the LESSOR, except for ordinary maintenance of said land. 6) The LESSEE shall have the right to sub-lease the property under the same terms and conditions as contained herein. 7) The LESSEE shall keep in full force and effect public liability insurance in so@ company authorized to do business in the State of Virginia, insuring the City of Norfolk in the amouits of $100,000.00 for the death of or injury to any one person in any one accident, $300,000.00 for the death of or injury to more than one person in any one accident, and $25,000.00 for damage to or destruction of property in any one accident against liability from any and all claims, actions and suits that may be asserted or brought against the City of Norfolk for any injury to or death of any person or persons or for any damage to or destruction of property resulting from the ownership, use, occupancy, repair, maintenance or upkeep of said property. Evidence of such insurance shall be filed with the Director of General Services, Room 304, City Hall Building, Norfolk, Virginia 23501. 8) Any taxes imposed on this property will be the responsibility of the LESSEE. IN WITNESS WHEREOF, the City of Norfolk has caused this lease to be executed in its name and on its behalf by its proper officer or officers, duly authorized; and the City of Virginia Beach has caused the same to be executed in its name and on its behalf by its proper officer or officers, duly authorized. ATTEST: CITY OF NORFOLK Bv Louis S. liudgi.ns, City Clerlc Ronald W. Massie, Assistant City '!anager for Pro.,rams ATTEST: BEACH ury Richard J. Webb Approved as to form and contents: Certified Ag'T( f Fuiids Robcrt F. Banks Giles G. Dodd Deputy City Attorney Director of Finance - 1 9- I-IEM #12143 The following bids have been received for the Acredale Sanitary Sewerage System: M. E. Wilkins, Inc. $639,763.00 Floyd B. Smith Contr., Inc. 644,123.10 Major J. Archbell, Inc. 674,230.00 D. J. W. Construction Co., Inc. 679,259.55 Vico Construction Corp. 752,047.23 A & W Contractors, Inc. 915,219.00 Engineer's Estimate $759,398.00 On motion by Councilman McCoy, 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, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. @qaterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland City Council voted to approve the low bid of M. E. Wilkins, Inc., in the amount of $639,763.00, for the Acredale Sanitary Sewerage System; and further authorized the City Manager to enter into the necessary agreements to implement this project. ITE@l #12144 On motion by Councilman McCoy, 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, 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: Mayor Clarence A. Holland City Council voted to deny the request of the Virginia Beach Charities, Inc., for a bingo permit. Section 18.2-335(2) of the State Code states than an or.@anization filing for such a permit must have "been in existence continuously for a period of two years immediately prior to seeking a permit." This organization filed for a charter in Virginia Beach on May 2, 1978, and has, therefore, not been in existence for two years. ITEM #12145 On motion by Councilman McCoy, 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, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. 2 0 - AN ORDINANCE AUTILORIZING TAX RER-UNDS Date 5-2-78 UPO'L4 APPLICATION OF CFRTAlti PERSONS AND UPON CERTIFICATIO,@F OF TilE TRETSURF-R FOR PAYIIENT BE IT ORDAINED BY THE COUNCIL OF TI[E CITY OF VIRG141A BEACII, VIRGIURA: That the following applications for tax refunds upon certificatioa of the Treasurer are hereby approved: TotalinL, :q 111.34 TAX T-YPE TI@ T E:.XONFRk- DAj- - EAME YEAR OF TAX 'N@,IBER TIO'@Q NO. PAI D PENALTY I Krahenbill, Gary A. 1977 PP 51977 1-30-78 5.67 Slgter, Nelson 1977 iPP 107093 1730-78, 5@67 Paul.0. Key 197.8 C]) 1189. 1-23-78 15.00 Frank L. Williams Jr. 1978 CD 23125 1-3-78 Earl@V. Slattum 197@ CD 19950 1-20-78 .7.50 Wil-ey A. Scott Jr. 1978 CD- 42555 3-1-78 7.50 Ellbh.'L.-Payne 1578 CD 72426 1-,27-78 7. 5.0 Deborah Ann Vernon 1978 CD 132836 1-31-78 7.50 Witliam T. Holland 1978 CD 65935 1-17-78 7.50 Michele L. Eisman 1978 CD 30440 1-16-78. 7.50 Donald D. Lutz 1978 CD 59326 1-11-78 7.56- Paul Allen Martin 1978 CD 83644 3-30-78 -7.50 Shelia Helfant 1978 CD 62658 1-17-78 7.50 William L. Miller 1978 CD 126521 1-29-78 7.50 The above abatement(s) totaling $111.34 were approved by @tified the Council of the City of Virginia Beach on the 15 day of J6 N@T. TKINSONyreasurr Approve Richard J. "i bon, City Clerk - 2 1- ITEM #12146 On motion by Councilman Griffin, 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, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Ri@.gs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland City Council voted to defer until June 12, 1978, the following ordinance for the closure, discontinuance and abandonment of a portion of Holly Avenue (now Cape Henry Drive): ORDINANCE NO. AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A TWENTY-FIVE (25,) FOOT STREET OR AVENUE LOCATED IN LYNNHAVEN BOROUGH IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that ROGER H. SAWYER and HELEN S. SAWYER, would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described undeveloped twenty-five (25') foot street or avenue closed, vacated and discontinued was duly posted; and WHEREAS, all the owners abutting said street or boulevard have requested the said street or avenue to be closed; and WHEREAS, application was rrade to the City Planning Commission and to the City Council, and, pursuant to the statues in such cases made and proviaea, the Council appointed Viewers who have reported to the Council that no inconvenience to the public or to private individuals would result from such closing, vacating and discontinuance; and NOW, THEREFORE, be it ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1: That the said twenty-five (25') foot strip of the below described street or avenue, located in the Lynnhaven Borough of the City of Virginia Beach, Virginia, is hereby closed, vacated and discontinued, said street or avenue not being needed for public use: 5 / 1 5 / 7 8 2 2 - A portion of that certain undeveloped street or avenue, situate in the Lynnhaven Borough of the City of Virginia Beach, Virginia, 25 feet in width beginning at a point which is the southwest corner of Lot 15, Block K, on that certain plat designated "Lynn- haven Beach, Amended Map of Property of Lynnhaven Beach and Park Co., Princess Anne Co., Va. 1913", which map is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, Part I, at page 71, and from said point of beginning running North 80@ 08' E. a distance of 300.94 feet to a point in the western line of Urchin Road, thence turning and running South 5@ 45' E. a distance of 25.06 feet to a point thence turning and running South 80' 08' W. a distance of 300.94 feet in the eastern line of Star Fish Road, thence turning and running along the eastern boundary of Star Fish Road North 5@ 45' W. a distance of 25.06 feet to the point of beginning. Said portion of Holly Avenue to be closed is a strip 25.06 feet in width adjacent to the south boundary lines of Lots 15 and 16, Block K, as designated on the above described plat. DEFERRED UNTTL JUNE 12, 1978 Section 2: That thirty (30) days after this date, a copy of lithis Ordinance, certified by the Clerk, be spread upon the public records in i:@the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgi*nl*a iiand indexed in a like manner as a deed of lands. This ORDINANCE NO. enacted and approved this day of 1978, c-j HAVEN Ly N NH U w Roger H. and Helen S. Sawyer Street Closure Holly Avenue between Starfish - 2 4 - ITEM #12147 on motion by Councilman Ferrell, 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, 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: Mayor Clarence A. Holland City Council voted to approve on first reading the following ordinance establishing the tax levy on Real Estate for Tax Fiscal Year 1979: AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1979 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON REAL ESTATE. There shall be levied and collected for fiscal year 1979 taxes for general purposes on all real estate, not exempt from taxation and not other- wise provided for in this Ordinance, on each one hundred dollars ($100) of assessed valuation thereof, based on the following rates: General Six Borough Mosquito Total Rate Borough Government School Debt Contro FY 1979 Bayside $ .79 $ .01 $ .02 $.82 Blackwater .79 .01 - .80 Kempsville .79 .01 .02 .82 Lynnhaven .79 .01 .02 .82 Princess Anne .79 .01 - .80 Princess Anne Mosquito .79 .01 .02 .82 Pungo .79 .01 - .80 Pungo Mosquito .79 .01 .02 .82 Virginia Reach .79 - .02 .81 The real property tax rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such real property except for public service real property which shall be on the basis as provided in Section 58-512.1 of the Code of Virginia, as amended. 5 /15 7 8 - 2 5 - Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PROVIDED FOR IN SECTION 58-512.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED. There shall be levied and collected for general purposes for fiscal year 1979 taxes on all Public Service Real Property, whlch has not been equalized as provided for in Section 58-512.1, of the Code of Virginia (1950), as amended, on each one hundred dollars ($100) of assessed valuation thereof based on the following rates in accordance with Section 58.514.2 of the Code of Virginia (.1950), as amended: BorouRh General Six Borough Mosquito Total Rate Government School Debt Control FY 1979 Bayside $ 1.98 $ .03 $ .05 $ 2.06 Blackwater 1.98 .03 - 2.01 Kempsville 1.98 .03 .05 2.06 Lytinhaven 1.98 .03 .05 2.06 Princess Anne 1.98 .03 - 2.01 Pungo 1.98 .03 - 2.01 Virginia Beach 1.98 - .05 2.03 The real property tax rates imposed in this section shall be applied on the basis of forty percenttim of fair market value of such real property. Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTIC)N R-ONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS REAL EST.AT-@. There shall be levie-d a-ild co.Ilected foi, getieral. purl)oses for fiscal year 1979 taxes on all real estate certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, on each one hundred dollars ($100) of assessed valuation thereof, based on the following rates: 2 6 - General Six Borough Mosquito Total Rate Borough Government School Debt Control FY 1979 Bayside $ .79 $ .01 $ .02 $ .82 Blackwater .79 .01 - .80 Kempsville .79 .01 .02 .82 Lynnhaven .79 .01 .02 .82 Princess Anne .79 .01 - .80 Princess Anne @losquito .79 .01 .02 .82 Pungo .79 .01 - .80 Pungo Mosquito .79 .01 .02 .82 Virginia Beach .79 - .02 .81 The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property. Section 4. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. Section 5. EFFECTIVE DATE. This Ordinance shall be in effect from and after tlie date of its adoption. FIRST READING: May 15, 1978 SECOND READING: 5 / 1 57 8 - 2 7 - ITEM #12148 On motion by Councilman McCoy, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Fl.yd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland city Council voted to approve on first reading the followin,l ordinance establishing the tax levy on Personal Proper for the Calendar Year 1979: AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND @IACHINERY AND TOOLS FOR THE CALENDAP, YEAR 1979. BE IT ORDAINED BY IIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF 1,EVY ON TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for general purposes for the 1979 calendar year taxes on all tangible personal property, not exempt from taxa- tion and not otherwise provided for in this Ordinance, at the rate of six dollars ($6) on eacli one liujided dollars ($100) of assessed valuation thereof. The rate imposed by tliis section shall be applied on the basis of 45% of the fair market value of such personal property. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPERTY USED AS MOBII,E IIOMES OR OFFICES. There shall be levied and collected for general purpsoes for the calen- dar year 1979 taxes on all vehicles withotit motor power as defined in Section 36-71 of the Code of Virgi)iia (1950), as amended, lised or designated to be used as mobile liomes or jffices or for other mean@ of habitation by any person, on each one hiindred doilars ($100) of assessed valuation thereof, based on the following tax rates: 5 / 1 5 / 7 8 1 2 8- Borough Total Rate 1979 Bayside $ .82 Blackwater .80 Kempsville .82 Lynnhaven .82 Princess Anne .80 Princess Anne Mosquito .82 Pungo .80 Pungo Mosquito .82 Virginia Beach .81 The personal property rates which have been prescribed in this section shail be applied on the basis of one hundred percentum of the fair market value of such personal property. Section 3. AMOUNT OF 1,EVY ON ALL BOATS OR WATERCRAFT UNDER FIVE TONS BURTHEN USED FOR BUSINESS OR PLEASURF. There shall be levi.ed and collecteci for th,@ calendar year 1979 for general purposes taxes oTi a.17 boats or watercraft under @ive tons burthen used for business or pleasure, at tbe rate o@ six dollars ($6) on each one hundred dollars ($'00) of assessed valua3lion thereof. The rate imposed by this section shall be on thc bas4-s of forty-five percentum of the fair market value of sucli personal property. - 2 9 - Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for the calendar year 1979 for general purposes taxes on all tangible personal property certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of si.x dollars ($6) on each one hundred dollars ($100) of assessed valuation lliereof. The rate imposed by this sec- tion shall be applied on the basis of 457 of the fair market value of such personal property. Section 5. AMOUNT OF LEVY ON MACHINERY AND TOOLS. There shall be levied and collected for the calendar year 1979 for general purposes taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($I) on each one hiindree, dollars ($100) of assessed valuation thereof. The tax imposed by this section shall. be applied oil the basis of 45% of the fair market value of such ma,--hinerv and tools. Section 6. CONSTITUTIOI,,@Al.,IT@@'. That if any part or parts, section or sections, sentences, clause or phrase of this ordinance is for aiiy reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 7. EFFECTIVE DATE. This ordinance shall be iri effect January 1, 1979. FIRST READING: Mav-15. -1978---- SECOND READING: GGD:JDB:er 5-10-78 - 3 0 - ITEM #12149 The following persons spoke regarding the proposed budget: Mr. Nick Cohen, Attorney, representing the F.O.P. Association Lodge, #8. Mr. Irvin A. Douglas, representing the Council of Civic OrganizatiDns Mr. F. Reid Ervin On motion by Councilman Waterfield, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell., John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Pa,ne, Roger L. Riggs, Vice Mayor Patrick L. Stinding, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Clarence A. Holland City Council voted to approve on first reading the following ordinance making appropriations for the Fiscal Year beginning July 1, 1978 and ending June 30, 1979, in the sum of one liundred Fifty-Two 1-fillion, Six Hundred Ei@lhty-Five Thousand, Eight Hundred Eighty-One ($152,685,881) for Operations and Fortv- Four Million, Five Hundred Sixty-Six Thousand, Six Hundred Forty-Nine ($44,566,649) in Interfund Transfers and regulating the payment of money out of the City Treasury: AN ORDINANCE MAKING APPROPRIATIONS FOR THZ FISCAL YEAR BEGINNING JULY 1, 1978 AND ENDING JUNE 30, 1979, IN THE SUM OF ONE HUNDRED FIFTY-TWO MILLION, SIX HUNDRED EIGHTY-FIVE THOUSAND, EIGHT HUNDRED EIGHTY-ONE ($152,685,881) FOR OPERATIONS AND FORTY-FOUR MILLION, FIVE IIUNDRED SIXTY-SIX THOUSAND, SIX HUNDRED FORTY-NINE ($44,566,649) @IN INTERFUND TRANSFERS AND RECULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY. WHEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the City for the fiscal year beginning July 1, 1978, and ending June 30, 1979, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF -HE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating ONE HLTNDRED NINETY-SEVEN MILLION, TWO HUNDRED FIFTY-TWO TTIOUSANTD, FT@E HUNDRED -,HIRTY DOLLARS ($197,252,530) consistlng of FORTY-FOUR MILI,ION, FIVE 14UNDRED SIXTY-SIX THOUSAND, SIX ffUNDRED FORTY-NINE DOI,LARS ($44,566,6491; In interfund trans- fers and ONE HUNDRED FIFTY-TWO MILLTON, SIX HUNDRED EIGHTY-FIVE THOIJSAND, EIGHT HUNDRED EIGHTY-ONE DOLI@ARS ($152,685,881) for op--rations or so much thereof as may be ne(essary as set fortli -.r) the Anrual Budget f,)r the fiscal year 1978-79, submitted by tlie CiLy Manager on the date, of March 31, 1978 are hereby appropriated, subject to the conditions hereaft:er set forth, for the year 1978-79, for the itse of the se@eral departments and specially designated funds of the Cily Goveritme-r,.t, and for tlie ptirp(,,ses hereafter men- tioned, as set forth In said Annual Budget, which is hereby incorporated by reference, for the fiscal year begiriii.ng july 1, 1978 and ending Jxine 30, 1979 as follows: 3 Section Budget Number Item of Expenditures 1977-1978 GENERAL FUND: 3. Legislative Department: Municipal council $ 630,349 City Clerk 65,464 Total $ 695,813 4. Executive Department: City Manager 170,144 Public Information Office 158,712 Grants Unit 57,918 Office of Emergency Services 112,737 Office of Emergency Medical Services 239,633 Total $ 739,144 5. Law Department; City Attorney $ 341,763 6. Finance Department: COMMISSIONER OF THE REVENUE Administration $ 192,871 Special Taxes 31,572 State Income Tax-Operations 34,866 State Income Tax-Research 41,912 Personal Property Tax-Business 54,147 Personal Property Tax-Other 42,204 Business Licenses 82,422 Real Estate Tax 56,651 Computer Section 29,616 Board of Equalization 9,115 City Real Estate Assessor 361,001 TREASURER Administration 100,430 Operations 387,247 Tax Collections 165,118 Accounting 85,756 5 1 5 / 7 8 3 2 - Section Budget Number Item of Expenditures 1977-1978 Finance Department: (concluded) DIRECTOR OF FINANCE Administration $ 104,568 Research 74,332 Budget 94,917 Accounting 260,886 Payroll 72,924 Business License 71,911 Risk Management 99,944 Purchasing 116,353 Independent Auditing 30,000 Employees' Retirement and Benefits 5,347,500 Total $ 7,948,263 7. Personnel Department! Administration $ 51,632 E,,iployee Re'lations 91,?57 Tes-iii,,, end Selection 65.,061 Pay and (-,'Iassifi(a ion 44,8!F.@ Records Toti@l $ 268,4.11 8. udic:Lal Department: COt@RT RT LATED F[INC'IIONS: irc,lit @iirt $ 21 5 4 Gener,3" )iqtrict Coiirt 159,01, Jtiv,@ni,lc@ ind -T)oinesti, R@-I.ations @@,@UrL 61,8'i Ltiiiacy 6,8o,, COTI!@'@onll,,.Lii-h's Ati:or@.ley 338,I) )@, S,@rvices Fraud 34,6f)'@ 156,91 Clerk ol !Ii@, C,iccuit Cciii@-t 147,0(@@ Jii.,tit,c,l ol@ t!ie Pe,-.Ce 4,87-1 CORRE(@'@l@ONAL OPI-RA'I'fON@;: 141,20 Co@-rt lit,pcrt @@rvices 106,4@) ,@., T' I ii t: ri) 11, 1. 242 , 56, Cu,s,o,l I 701,19F@ 3 3 - Section Budget Number Item of Expenditure 1978-1979 Judicial Department: (concluded) JUVENILE PROBATION: Management and Support $ 163,606 Intake Unit 109,230 Diversion Unit 86,328 Field UnT-ts 217,525 Total $ 2,893,654 9. Health Department: Preventive Medicine $ 560,575 City Physici.an 93,129 Total. $ 653,704 10. Social Services Department: Administrative Support $ 283,972 Program Support 289,115 Court Service 126,894 Employment Program 408,027 Interact 165,906 Protective Services 320,978 Famjlv Stabil.izat:ion 698,316 F@,stc,-, C,@re 1,076,357 A4.d to Dependen'@ Children 496,176 Food "@Lainps 182,672 Basic Needs 214,401 Me,',Ilcaid 421,742 'rota $ 4,684,556 Department of Police: ADMINISi-RATIVE DTVTSION: i $ 99,751 Pla@i,iin@ and Aniilysis 51,012 Per onnet ar@,l Training 153,656 In,,pec,4oris and -Lritc-rna@ Affai@-s 109,696 SE@.VLCt'.S D--Vil,,TT.)N: 242,393 Warr,in's, InveTitory and Ev*@deiice [Init 187,702 Po"c(@ 1,@,entification 212,916 3 4- Section Budget Number Item of Expenditure 1978-1979 Department of Police: (concluded) UNIFORM DIVISION: Auxiliary Police 45,721 Patrol and Adminstrative Support 3,341,499 SPOT 1,065,437 Crime Prevention 35,452 INVESTIGATIVE DIVISION: Detective Bureau 899,973 Juvenile Bureau 366,614 Administrative Support 110,880 Intelligence and Narcotics 196,116 COMMUNICATIONS DIVISION: Communications 930,635 ANIMAL CONTROL DIVISION: Animal Control 327,868 MEDICAL EXAMINER: Medical Examiner 3,750 Total $ 8,381,071 12. Department of Public Works: Director's Staff $ 124,067 Real Estate Office 150,102 Administration - Highways 140,548 Inspectiohs 274,438 Street Construction 859,002 Street Maintenance 2,626,268 Drainage Maintenance 708,566 Bridge Maintenance 250,325 Administration - Engineering 253,065 Surveying 304,132 Mapping 287,791 Drafting 122,845 Waterfront Operations/Inspections 65,997 Special Projects 37,914 Building Construction 65,446 Design and Admini,stration - Traffic 635,844 Traffic Operations 1,032,573 3 5 - Section Budget Number Item of Expenditure 1978-1979 Department of Public Works: (concluded) Solid Waste Administration 95,650 Refuse Disposal 486,352 Refuse Collection 4,151,331 Sanitation Inspections 122,272 Back Bay Salt Water Project 28,882 Erosion Commission 45,104 Total $13,768,514 13. Parks and Recreation: dministra@i@n @Director of Parks and Recreation $ 121,838 Administration - Parks 84,791 construction and Maintenance 1,133,714 Parks and Beaches 410,965 Special Reventie Unit 30,127 Lynnhaven Municipal Marina 88,083 Mount Tra@limore Concessi.ons 62,2'07 Little island Concessions 6,391 Virginia Beach Recreation Center (Kempsville) 365,218 Bow Creek Recreation Center 38,002 Admi-nistration - Recreation 121,571 Adiilt Activities 228,155 Youtli Acrivities 335,169 At IiI.et i (-- F,@ 38,33@ lota@ $ 3,264,626 14. Library DepartTnert: c cn $ 95,813 d @aC! ---- Great Neck Branch Library 119,420 Bayside lirar(@ii Library 140,373 Ocean,'@rofit Br-@n@,h Library 133,353 Kempsvlli,-@ Bfancli l,it-,rary 128,630 Wiiidsor Woods Brancti Librarv 144,960 Referenc(@ Services 166,913 ExtetisLon Services 86,687 Sp,@e"a'. 6'@1,216 140,053 Tot,il $ 1,218,418 3 6 - Section Budget Number Item of Expenditure 1978-1979 15. Planning Department: Administration $ 145,978 Comprehensive Planning 103,222 Operations 87,501 Informational Management and Statistical Support 74,345 Drafting 48,471 Total $ 459,517 16. Department of Agriculture: Administration $ 43,448 VPI Extension 107,960 Environmental Services 49,557 Total $ 200,965 17. Department of Economic Development: Administration $ 99,708 Civic Center 128,664 Tourist Development 909,416 Industr4al Development 253,930 Conventiori DeveloDment 86,503 Total $ 1,478,221 18. Department of General Services: ADMINISTP,A,TIVE: T)irpv-tor of @@eneral $ 78,"03 Empl.(@vee &@,f t@ 52,1@08 BUII,I)ING MAINTENANCE: Management and Support 644,763 Electrical 134,806 Heat and Air Conditioning 199,384 Ceperal @',@iiiitenance 542,382 Cultodial and -ccuri',-y 646,318 I.ANDSCAI'H DIVISTON: Siip(,-inten@@-nL (,f 7,aids,aT,)e Service', 73,346 Gr(,iinds NLiinte-,iance 620,342 Beautiiication 684,402 3 7 - Section Budget Number Item of Expenditure 1978-1979 Department of General Services: (concluded) MAIL ROOM: Mail Distribution 52,762 Total $ 3,728,816 19. Boards and Commissions; General Registrar $ 125,628 Zoning Board of Appeals 7,770 Arts and Ilumanities Commission 22,930 Mass Transit Operatioiis 250,000 Wetlands Board of Virginia Beach 4,300 Total $ 410,628 20. Insurance: Insurance $ 1,022@.500 21. Fire Department: Administration $ 167,086 Fire Preventiori 308,705 Fire Suppression 3,057,017 Training 126,775 For@estry 6,450 Total $ 3,666,033 22. Department of Data Processing: Administration $ 86,745 Reso,irces ard Planning 196,498 Central Files 87,910 Systems ard Programming-Analysis 148,483 Design 146,859 Piogramming 142,248 Computer Operations 833,610 Data Entry 131,157 Qual.it:v Control 34,886 Total $ 1,808,396 3 8- Section Budget Number Item of Expenditure 1978-1979 23. Department of Permits and lnspections: Administration $ 151,715 Consumer Protection 113,159 Housing Code Enforcement 75,223 Building Inspections 303,173 Zor.ing -@de Enforcement 68,802 Total $ 712,072 24. Department of Mental Health: MENTAL HEALTH AND RETARDATION: Administration $ 96,842 COMPREIIENSIVE RENTAL HEALTH: Program Clinical Administration 169,823 Consultation and Education 91,608 Outpatient Services 141,206 Adult Day Treatment 105,880 CrisiF Tnti,yveiition 111,883 Childrer.,'s, S rvices 117,442 MENTAL RETARDATTON/DEVELOPMENTAT, DTSABILITY: Xd m i-n i s @ a@t i -o-n 63,565 Residential Services 38,697 Adtilt Activ-@lty Center 140,700 CO@IPREHENSIVE SUBSTAN(:E ABUSE: Administration and Indirect Services 106,858 Direct @(,rvice,@ 225,930 ALCOIIOL SA@,'[Y ACTION PROGIZAM@ c c@y - -@t 0-i -- -, ,;raft, 44,702 $ 1,455,136 Ttansfer to Other Furids@ $ 41,669,008 Reserve f-or Contingencies: Salary Aij,isLileiiL,@ $ 1,130,422 Rf,gtilar 200,000 TOTA.1, (,ENIIRAL @'f@ND $102,799,671 3 9 - Section Budget Number Item of Expenditure 1978-1979 WATER AND SEWER FUND: 25. Department of Public Utilities: DIRECTOR OF PUBLIC UTILITIES: Administration $ 121,803 ENGINEERING: Engineering Staff $ 253,734 Drafting 86,270 Inspections 268,668 Surveying 90,745 SOURCE OF SUPPLY: Source of Supply 3,753,279 WATER OPERATIONS: W4ter Adiain4 t@a-tion 159,252 Water Distr-@Ibiition 1,467,416 Wat,-,r Pump St,,,,',',,,,ns 262,687 Meter Repair 277,194 WASTE WATFR OPEI@ATIONS: Administration 103,5'19 Sewe- Collp.(it,.on 750,954 Sewer P@inip Stations 669,128 CUSTOMER SERV'@CES-: ti@s -)-m-er ReJ,,)tioiis 106,423 Bill 41 n??, @3n,l Cc,] 1rg 386,244 Me I e r T@,, T,,a 1 i- @-, l')9 124 Ser@@ic,o. inspectors 131,331 T,@@'il $ 8,997,781 Revclitie Pond Servico@ $ 2,584,739 Transfer to Otb@r F,,iids: $ 2,841,e,91 Res(,rve for $ 100,000 Regu,lat 154,110 TOTAL WATER A:ND SEWER FUND $14,678,521 - 40- Section Budget Number Item of Expenditure 1978-1979 SCHOOL OPERATING FUND: 29. Department of Education: Admini.stration $ 865,004 Research, Planning and Development 188,920 Instruction 42,396,024 Otber Instructional Costs 6,222,318 Attendance and Health 917,900 Pupil Transportation 3,262,980 Operation of School Plant 4,456,803 Maiiitenance of School Plant 2,749,467 Fixed Charges 3,838,200 Summer School 253,107 General Adult Education 94,762 Basic Adult Education 101,069 Vocationil AduJt Education 200,621 Capital Outl@iy 672,670 TO'PAI. EDU('ATION $66,219,845 LAW LIB@',RY FUND: 14. Law l,ibrary $ 9,1@@7 PENDLETON (:IIILE@ SEPVICE ('F',TIER Fi@INF): 8. Peridleton Child @.ervice $ 306,780 BOAR"'@@iAI,Y TRAINQ F,@7Tfi:B.PR[Sf@' @'TNI@z 13. Boarci@.7a]k $ 85,528 GOLF COUPSES @,NTE@PIZ.ISE 13. Red Wifig (,ol.f C,otirqc@ s 196,421 Bow Creek (-,clf Cotirse 139,784 ,-()TAI, GOI,7 Cot)RS@-S FUND $ 336,205 13. OWL'S CREEK TENNIS CENTEY @@,"rFRPRISE Fl@'@D: Owl's Creek7@) ni@i.s C(,ntr $ 15,476 4 1 - Section Budget Number Item of Expendi ure. 1978-1979 FARMERS' PRODUCE MARKET ENTERPRISE FUND: 16. Farmers' Produce Market $ 50,233 VIRGINIA BEACH SPECIAL REVENUE FUND: 27. Transfer to Other Funds $ 55,750 SIX BOROUGH SCHOOL--DEBT FUND: 26. Debt Service $ 367,889 BAYSIDF AND KEMPSVILLF, BOROUCD.S ,HOOL DEBT tiND-. 26. Debt Se,.-vi(@o $ 10,577 GENERAL DEBT FUND: 26. Debt Service $ 12,237,378 VIRGINlA BEACH BOROUGII GEN-rkAl, D'@BT FUND@ 26. De,)t S, i vA@ c,,? $ 7@),550 I'OIAI, Bll,-@GET $197,252,530 l,ess: literfui)d Iraitsfc,,s 44,566,649 NF'P $152,685,881 - 4 2 - Section 2. Subject to the provisions of Cbapter @, Article 111, of the virginia Reach Cit@ CO :, tihe salar-l@eq and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the uaximum compensation to be paid for services rendered. The total c)f positiolls, shall be the Tiiaximum @.Umber of Dositions authorized for the .,arious departments o@ the City duriiig said fiscal year unless authorized 'ry tlie Cotincil. The City Manager may from time to time increase or decrease the num-ber of posltio,,is in the labor class provided the aggregate amount expended for such services sliall not exceed the respective appropr,lations iiiad@ therefoi:@,. The City Yanage- is authorized to make such rearrangements o@, rosi".@4-ns within b@jreatif, an,! ]4v!si(,.ns r.@amed herein, as may best meet t'l-. ka,,es @,@,d @T@terests of thc@ City@ Section 3. ,'! @c@! Of City taxes sliall be credited to the Genera! F@ifi of t:ii@ 7i@y by @l-@e Section 4. o,, to@e,@ lev@lei be credited to the General F 7@Tii 'ic 1),, fr,)t@i the Genera" Fund to the respeci@:@,7,- f,,,r l@vy is made n the respective f,@@ su, I ,ief, ?,nated fund. Sectior, a@i a@ 4uT,,, l@@ V,@ert @@ datc-,d subsequent to Jijne 1, 191-0 @oi ic)x ,Pir tn Lqe (;eneral Ftind of the City. Sectiot, t),@y,,blc out of eacli fund of the Ci'l-v -it Iii(@ 'losc of bii@iness on the thirtieth (3(lth) day r,f @'179, c-Ac.!nt as otherwise For, are here!by - 4 3- declared to be lapsed into the surplus of t,ie respective ftinds, except School Operating Fund wbicti shall lapse into the General Fund Surplus, and shall be used for the payment of the apporl)riations which may be made in the appropriation ordinance for the fiscal year beginiling Jtily 1, 1979. Section 7. No department, agency, or individual receiving appropriations under the provisions of this Ordibance shall exceed the amount of its or his appropriations except with conserit and approval of the City Council first bel.ng obtained, but ir i-s expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each department, agency, or individtial included in this Ordinance. The City '4aiiager heret,y autl)orizee, to @pp,@ove trinsfers for appropriations with4n any department or betweeti departments in an amount not to exceed @5,000 in any singlc- tr@ins,-,ction, @Lid further, he is authorized to approve transfers anf experditures from tli,, Re@L-rv,? f(.)r (,ontingencies in an amount not to exceed $5,000 i.,q any s@Lriile transa,@tion. In addition, the City Manager i7,Py 14-Ttl@t c ",@ i,cl@l,,ires -AI)pr,@-,,riations as set forth in the blidget doctiu,,@nt. Section 8. N;)thi@ie i!i !-,e c,-;il@trued as atithorizing any reduction tz) 'ie M@IIP@ i'@ th,@ ir tliis Ordinance for the payment of or bon,is or, tbc- boii(1,3d debt of Liie. City Government or the formcr i)rl (,i a@i(.1 Pr--Incess Anne County. 4 4 - Section 9. Allowances out of any of the appropriations made in this Ordinance by any or all of the City d,2partments, bureaus or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of thier personal automobiles in the discharge of their official duties shall. not exceed fifteen cents (15cts) per mile of actual travel, Section 10. All traveling expense accounts Shall b, ubmitted on forms approved by the Director of Financ, and according to regulations approved by the City Council. Each areo .... t h,l] show the dates expetises were in,,,rred or paid; number of iniles traveled; method of travel; hotel expenses, meals and incidental expe@iss. The Director of Finance is specifically directed to withhold t-he issuanc,'e of clieck@, in payment. of expense accounts sub@itt,d for "lumP-sum" amounts, except in the case of Co@incil M,,bers and employees of the School Board. Section II.- Thlt tllis ordinance shall be in effect from and after the date of its adoption. Section 12. 'rr@at if arty part or larts, se(--t-lon r se,tion,, sentences, clause or phrase of tliis Ot,dillaylc,2 i@3 for ,,y reason declared to be unconstitutiona.l. oi, ipvalid, clec-*Isiori shall not affect the validity of the remaining portioils of r i@ 0 dina c,. 11 q r FIRST READING: May 15, 1978 SECOND READING: ITEM #12150 On motion by Coun,il,,,a@ Oberndorf, seconded by Councilman Payne, and by recorded vote as follows: Ayes: COuncilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, ad Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Claren,e A. lialland City Council voted to hire a consultant for a Salary and Wage Study, with the stipulation that the proposals for a consultant be mailed to more than one firm, and the City Council will select the consultant. 5 / 15 / 7 8 - 4 5 - ITEM #12151 The folloiqing persons appeared regarding @junden Point Park: Mr. Marion Bright, Back Bay Civic League, in opposition Mr. Donald W. Merrick, Councilman-Elect Mrs. Helen Love Mr. F. Reid Ervin, Councilman-Elect On motion by Councilman Waterfield, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, J. Curtis Payne, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilmen J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, and Roger L. Riggs Abstain: Councilman John R. Griffin Absent: Mayor Clarence A. Holland City Council voted to appro,, the following steps for the purchase of Munden Point Park: 1. Authorization to the City Itanager to sign the purchase agreement. This agreement will parallel the option agreement wbich was signed on November 16, 1976; that is: (1) the option consideration of $4,000 will be applied to the purchase price; (2) the City will receive a 50-foot dedication right-of-way from Munden Road to the park property as part of the purchase transaction; and (3) the seller will prepare the abstract of title and general warranty deeds for the property and right of way. 2. Authorization to the City Manager to apply to the State Com-mission of Outdoor Recreation and the State Highway Department for a Recreational Access Road Grant. City Council further voted to adopt the following resolution requesting the Virginia Commission of Outdoor Recreation to designate the Munden Point Park as a public recreational area upon acquisition by the City of Virginia Beach and to recommend to the Virginia State Iiighway Commission tliat recreational access funds be allocated for an access road to serve said park, and further requested the Virginia Highway Commission to allocate the necessarv recreational access funds to provide suitable access road: 5 / 15 7 8 - 46- The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building of the City of Virginia Beach on the 15 day of Mav , 1978. On motion by Councilman Waterfield and seconded by Councilman Baum the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the Munden Point Park is to be acquired and is to be developed by the City of Virginia Beach as a recreational facility serving the residents of the Commonwealth of Virginia and the general public; and WHEREAS, the facility is in need of adequate road access; and WHEREAS, the procedure governing the allocation of recreational access funds requires joint action by the Virginia Commission of Outdoor Recreation and the Virginia Highway Comission; and WHEREAS, a statement of policy agreed upon between the said Commissions approves the use of such funds for the construction of access roads to publicly- owned recreational areas or historical sites; and WHEREAS, the City Council of the City of Virginia Beach has duly adopted a zoning ordinance pursuant to Section 15.1-486, Code of Virginia, as amended; and WHEREAS, it appears to the City Council that all requirements have been met to permit the Virginia Commission of Outdoor Recreation to designate the Munden Point Park as a recreational facility and further permit the Virginia Highway Commission to provide funds for access to this public recreation area. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Virginia Beach hereby requests the Virginia Commission of Outdoor Recreation to designate the Munden Point Park as a public recreational area upon acquisition by the City of Virginia Beach and to recommend to the Virginia State Highway Commission that recreational access funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Virginia Highway Commission is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. 5 / 1 5 / 7 8 GET:JDB:er 5-11-78 -- 4 7 -- ITEM #12152 COUNCILMAiN WATERFIELD LEFT CL@ERS Application of Unity Church of Tidewatel- for a Conditional Use Permit for a church on certain Pl@(,Pert@', o@, the -i@@t Road beginning at a poin't, 120 f@,!,i If@sr I,.Ipst of Dc)w,,s Lane, rliniling a distance of 574.8 fe@2L r)r()@)@rtv line of wiiich 342.8 feet is the North side of Sli@,"@l i@o@i( of 838.67 feet along the Western property ]-^ric, of b44.22 feet along tlie Northern proper'@y !in(? S@,Lit,@ sid-I of Northamp- ton Boulevard, in@i along tlie Eastern property line. Sairi i'@ e,, BOROUGH. Planning Commiss4rj,. A motion was passed t,@E@ Plannii@@C, Comffi'@ssion by a recorded vote of 12 to appi,ove For the information of the @ipl)lil,dnt, p@@;or t,) tl;ie initiation of the intended usc of t,ie lard, @.i@e i@ Yc?qtiii-ed bv thc, admini- strative staff: 1. Standird improver"@"It'@ i)\ i@lie. Si'@L@ @11,111 Ord;nai@ice. 2. Septic tank a@)p@@(iv.@,@ is to s' tl(l,, OF th is site. 3. Improvemeiits .1@i'ieii R(@@l, '@Iiiis ii-,cluces widening, curb and gutter, side-iiiilk, a@iJ c.,,&iri@ige i @@ies. 4. Parking at a oi- @eiich -,ealling spaces in the main 5. A screeninq hedge aic)rig "lie eastet-ii of this develot)ment. Mr. Charles Cardwell represented the application On motioti by Councilman Cromwell, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Ceorge R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen Mayor Clarence A. tlolland, and Floyd E. Waterfield, Jr. City Council voted to adopt the following resolution upon application of The Unity Church of Tidewater for a Conditional L'se Permit for a church: RESOLUTION UPON APPLICATION OF UNITY CHURCII OF TIDEWATER FOR A R0578179 CONDITIONAL USE PEP311T FOR A church BE IT RESOLVED BY THE COU14CIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Unity Church of Tidewater for a Conditional Use Permit for a church on certain property located on the North side of Shell Road beginning at a point 320 feet more or less West of Downs Lane, running a distance of 574.8 feet along the Soutbern property line of which 342.8 feet is the North side of Shell Road, running a distance of 838.67 feet along the Western property line, running a distance of 644.22 feet along the Northern property line of wliich 347.99 feet is the South side of Northampton Boulevard, and runnin,. a distance of 1043.8 feet along the Eastern property line. Said parcel contains 11.286 acres. Bayside Borough. For the information of the applicant, prior to the iiiitiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. ITEM 1,@i@PfT3 Application of E. V. Williams Compai,iy, Inc., for a Conditional Use Permit to operate a borrow pit on certain proper'ty located on the South side of Indian River Road begirinitig at i point 1259.32 feet Wcst of Kempsville Road, running a distance of 494.11 feet ilonq t@,e South side of Indian River Road, runnirig a distiiice of 297.2,@ fec,@ in a Southerly direction, running a distance of 600 feet in a Noi-tt@,test(,rly clit,ec-Lion, running a distance of 629.40 feet 4n ci SoLitlict@ly dii,ec']O-, Y,t@nrii .i-ig a distance of 548.70 feet in a Wcstc@rl,l or -i65.-30 feet in a Southerly dir(@tion, rui)?iing a clis"ati(,.., of- feet in a Werterly direction, running a distance of 470.38 fe@' ii,@ a Sou'herly direction, running a distanc@ of 127.21 fe('t i-@l a rlinning distance o- I c@ci i o f,@. i @ 1; . I i ioil , Tig a d :s,,it@ice of 195.92 fee'@ iii a ic), of: 597.00 feet iri a Westerly direc' @oti, t,uriiiiii(@, @e(?c ;n a Sou@.hwesterly direction, di,,ta,,ice cf @-120.F,@ direction, running a distanc,, oF 101,1.1@l f(@"t iri -.Iir(-.-f@tion, running a distance ol@ 391.3",3 fr@-IL If) ;i @lor',;o.-icster!y @,-! r,,riing a distance of 1019.04 feet ifi j Nor,@ti.@astf2rl,/ F, dis'Lance of 224.94 feet in a Southt!iisterly i o" 1874.75 feet in a Northeasterly rlirc@ctllDri, j@ :!;s@ fee" ir] a Nortli- 0 Iv (; -, @,l@l ; 4 @ j@ @ westerly dii-ecti @i ; .1 I r@ I @@ " @ @@ ii', @i liortf-.tasterly direction. S a I d p,;, @- f7 i, I @@: r-, @, t 1 i ri @'Ef;i (IS 1,@ f L'LE EOROIJGH. Planning Cominissiciii RecoT.@,leridation: A motion was passed unanimously by the Planning t-omiiiiss-ion by a recorded vote of 11 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Upon approval by City Cotincil and prior to issuance of an excavation permit, the applicant is to submit to the Department of Public Works an Erosion and Sediment Control and Tree Protection Plan and a surety bond in the amount of $500 per acre or part thereof for each acre to be excavated. 2. The applicant is to submit to the Departinen't of Public Works, for review and approval, all the necessiry information as indicated in Section 31.2 of the City Code. 3. All future development must conform with the Subdivision and Site Plan Ordinances. 4. Compliance with Article 2, Sectiot) 228 of thc Coffiprehensive Zoning Ordinance perta4ning to Extractive Industi-ies. 5. All requirements of the pi-evious conditiorial use per,,nit granted for this site will r,emain applicable, inlcuding the condition -Lhat water service from the pi-ivate wells of adjacent residents be maintained within tlie 1 imits defined in the pi,evious conditional use permit. However, @he area '@o 6-@ excavated is to be li:p4te I to C'. 104.26 acres or 2,852,500 vards,, i-,ather thiln 38.02 51 5 7 8 Vei,,),;, trul.y yours, ee a I im a P, RDL/lgw @ll- - 4 9 - Mr. E. R. Bowler, III Mr. E. V. Williams The following appeared in opposition: Mr. John Waters Mr. Bruce Challen Mr. Robert Wilson On motion by Councilman McCoy, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Brum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing iiays: None Absent: Mayor Clarence A. Holland, and Councilman Floyd E. Waterfield, Jr. City Council voted to defer for three weeks, June 5, 1978, with the stipulation that they be permitted to continue operations, the application of E. V. llilliams Company, Inc., for a Conditional Use Permit to operate a borrow pit on certain property located on the South side of Indian River Road beginning at a point 1259.32 feet West of Kempsville Road, running a distance of 494.11 feet along the South side of Indian River Road, running a distance of 297.28 feet in a Southerly direction, running a distance of 600 feet in a Northwesterly direction, running a distance of 629.40 feet in a Southerly direction, running a distance of 548-70 feet in a Westerly direction, running a distance of 165.30 feet in a Southerly direction, running a distance of 355.10 feet in a Westerly direction running a distance of 470.38 feet in a Southerly direction, running a distance of 127.21 feet in a Westerly direction, running a distance of480.24 feet in a Northwesterly direction, running a distance of 195.92 in a liortherly direction, running a distance of 597.60 feet in a Westerly direction, running a distance of 1791.45 feet in a Southwesterly direction, running a distance of 2820.52 feet in a Southeasterly direction, running a distance of 1014.21 feet in a Northeasterly direction, running a distance of 391.38 feet in a Northwesterlv direction, running a distance of 1019.04 feet in a Northeasterly direction, running a distance of 224.94 feet in a Southeasterly direction, running a dis- tance 6f 1874.75 feet in Northeasterly direction, running a distance of 818.41 feet in a Northwesterly direction and running a distance of 409.37 feet in a Nortlieasterly direction. Said parcel contains 185.272 acres. Kempsville Borougli. 5 / 15 / 7 8 ITEM #12154 Application of Exxon COrporation for a Conditional Use Permit for an automobile service station on certain property located at the Northwest intersection of Holland Road and South Plaza Trail, running a distance of 185 feet along the North side of Holland Road, running a distance of 228.77 feet along the Western property line, running a distance of 185 feet along the Northern property line, and running a distance of 228.77 feet along the West side of South Plaza Trail. Said parcel contains .97 acre. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to-approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan Ordinarice- 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 both Holland Road and South Plaza Trail, provided each is a maximum of 24 feet in width and marked annrnnriatplv for in-onlv and +,@lrr;, Mr. James Pickrell, Attorney, represented the applicant on motion by Councilman Ferrell, 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, J. Henry McCoy, Jr., councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, vice Mayor Patrick L. Standing Nays: None Absent: Mayor Clarence A. Holland, and Councilman Floyd E. Waterfield, Jr. City Council voted to adopt tlie following resolution upon application of Exxon Corporation for a conditional Use Permit for an automobile service station: RESOLUTION UPON APPLICATION OF EXXON CORPORATION FOR A R0578180 C014DITIONAL USE PEP-MIT FOR AN automobile service station BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGT@41A, that: Application of Exxon Corporation for a Conditional Use Permit for an automobile service station on certain property 10, ted at the o@rchwe-st intersection of Holland Road and South Plaza Trail, running a distance of 185 feet along the North side of Holland Road, running a distance of 228.77 feet along the Western property line, running a distance of 185 feet along tbe Northern property line, and running a distance of 228.77 feet along the West side of South Plaza Trail. Said parcel contains .97 acre. Kempsville Borou-.h For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 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 both Holland Road and South Plaza Trail, provided each is a maximum of 24 feet in width and marked appropriately for in-only and out-only traffic. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Vir.-inia Beach, Virginia, on the 15 - I , - ITF,M #12155 Appli@.tion of St.@.o.d Di@kma@ fo, @ C.@diti.@@l Us@ Pe,.it f., a@to.obile @tati.@ o@ -,t@i@ p,op@,ty 1.@t@d @t th@ ..th@@@t inte,sectio@ f Holla@d Road @@d K@@@@, L@@@, 1.@@i,g @ dist@@@@ f 225 feet alo@g the S.@th @id@ of Holland R.@d, 1.@@i@g @ dist@@ce of 145 fe@t i@ a So@th@@st.,ly di,@cti.@, @ di,t@@,@ f 152 feet i@ @ S..th- uste,ly di,e@ti.@, @ dist@@c@ of 122 f-t i@ a So.th@este,ly di,@@tio@, @ di,t..@@ of 450.7 f,,@t @lo,g ti@@ S.@th@,@ p,op@,ty li@e @@d a dist@,,,@ f 245 f@@t @l..g th@ Ea,t sid@ f K-@@, Said parcel co@tai@s 1.8 KEMPSVILLE BOROUGII. Planning Co..issio@ R@co..endati.@: A ..ti.n @@s p@@@@d .,.ni@@@,ly by thp Pl@,,i@g C.@.i,si., by @ @",d@d ,.t@ f 11 t. @pp ... @ thi@ @q,@@t. F., th@ info,.@tion f the applic@nt, p,i., t. the i,itiation of the i@tend@d .@ f th@ l@nd, th@ f.11.,O@g @ill b@ r@q,,i,@d by th@ @d.i@i- str@ti- st@ff: 1. Standa,d i.p,..,,,nt, as req.1,@d by ti,@ Sit, Pl@, O,di@a,@@. 2. City .@te, @@d @e.e,. 3. Co.pli.@c@ ith A,tici@ 2, S@,ti.n 224 f th@ C..p,@h@,@i@e Zoni@g O,dina@c@ pe,t@ining t. A.to..bil@ @,@ic@ Stati.@s. 4. T@o c@,b @@ts @,e to be all.@ed 0. H@ll@,d R.ad, p,.@id@d e@ch is @@xi.@. f 24 fe@t i@ @idth @nd a,k,d app,.p,iat@ly f., i@-o@ly @.d .@t-o@ly t,@ffic. 5. O@@ -,b @.t ith a .@xi.@@ @idth f 35 f@t is t@ b@ @llo.@d o@ @.ner L@@e. Di@k.@@ ..... di.g '[,i, O,, -ti.. by m,c.y, . c..,]@d i,y c.... ii..n ..d by @@.@d@d @.,e .. f.11.@.: Ay.@: C...@il... J-i@- A. B@.., R.b@@' G@.,p. R. J.hn R. G@iffi., J. H@.@y M@c.y, J@., @j@y@,@ E. Ob@,@d.,f, J. C.,@i@ R.,@@ L. Ri@g@, ..d Vic,- @.y., P.I,i@k L. 11..di.g N@y.: N..@ Ab.@.t: @@y.@ Cl.@@.,@ A. H.1l..d, a.d Fi.yd E. W.@,,field, J@. Ci@y C ... @il .@@d 1. d.p@ @i,@ Di@k-,, f., . C-dili..,,] t@@ l,,-il f., USOLUTION UPON APPLICATION OF STA,@1011. IIIC@N FI)R A CON- @0578181 DITIONAL USE PERMTT FOI'. AN .1.1i.. BE IT RESOI,VEI) BY THr@, COUNCIL OF THE CITY OF VIRGINIA BEACH, VIR(@INIA, Ih.@: A,,li@.1i.. f Di@k..@ r., @ C.@dili@..l ..,@ P@,.il f., @. .@-i- .@.ti.. .. @.,@@ly 1.@.t@d .@ he S..th@.,@ f H.1l..d R..d ..d K@@@@, @.., @ di.l..,@, f 225 f@@@ I..g he S.@@h .id@ f H.1l..d R..d, i@, f 145 f@,@ i@ @ Ii,- -ti.., f 152 f@et i,i , S.@lh-@l.,Iy di@-i .... ... i,,g . di.l..@@ f 122 f.., i. f 450.7 f-t .1... @h. S..Ih@,. @.I,.Iy li.@ ..d f 245 f-@ @l..g li@@ E.@@ @id@ f K-,,@, L.,,@. S.1d 1.8 B.,..,h. F.@ l,. f h. ,!., . I,@ f I,@ .f @h@ 1.@d, Ih@ ill b@ e,.i@@d b, the @,@ff: 1. Sl@.d@,d by tl,, Si @ Pl.@ 2. Ci@y .,@d se@,@@. 3. @ith A,Iici@ 2, 224 f Ili@ O@di@..@e t. A@t...bil@ S,,,,i@e 4. @. @.t. .@@ t. b@ .11.@@d .. 11.11.@d R@@d, ,.@ided @.@h i. . ...i- f 24 f@@t i. idtl, ..,i @@.,k@d f.@ i@-.,ay .@d ..@-..Iy l@@lfi,. S. 0.@ @,@,b @., @th . -.i... @idti, f 35 f,@@, i. 1. b@ .11.,,@,d Ad.pl@d by Ih,@ f 'i@" ci,, f vi"i.i@, Vi,,i@i@, .@, @l,@ _15 d.y f @_, 1978. 5 1 5 / 7 8 -5 - ITEM #12156 Application of The Congregation of Hope Lutheran Church for a conditional Use Permit for a church on certain property located on the No th side of Trovid-ence Road Relocated beginning at a point 650.79 feet East of Balfor Drive, running a distance of 280 feet more or less along the North side of Providence Road Relocated, runnina a distancc of 781.09 feet along the Eastern property line, running a ii,@tanco, of 301.51 feet along the Northern property line and running a distar,cc of /09.@i feet along the Western property line. Said parcel contai,is 5.25 ac,es. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unaniniously by the Planning Comission by a recorded vote of 10 to approve this request. For the information of the applicant, prior to the. initiation of the intended use of the land, the following will be req,,Ired by the admini- strative staff: 1. Standard improvements as requi,-ed by the Site Plan Ordinance. 2. City water and sewer. 3. Improvemei)ts along Providence Road; this ir,cludes curb and gutter, sidewalks, and drainage facilities. 4. Parking at a minimum of I space per 5 seats or be,,h ,ating spaces in the main auditorium. COUNCILMAN CROMWELL LEFT CliAMBLRS MI. J. W. L@p-n, T,.,,t-, @p@-e@td LI,, 11,@,,h M@. 11.@.ld B.1d.i., I.. pi,@.,@d i@ 0. ..ti.n by C@.@@il..n McC-Y, ,@ ... ded by C ... @ii-. Fe-@ll, @.d b, e@.,ded .. f.11O..: AY@-: C---@il-. J.h. A. B.-, G@.@g@ R. F ... @ll, J.I,. R. Gliffi., J. H@@@y M@C.y, J@., co ... il..-. M@y@@@ E. Ob@@nd.@f, J. C,@@ti- P@y.@, Rope@ L. Rigg., ..d Vi@@ M.Y.@ P.t@i@k L. St..di@g N.y.: N..@ Ab ... t: C ... R.B@IL B. C,o-@ll, J,., M.y-@ cl.@@nc@ A. H.1l.nd, @.d Fi.yd E. W.t@lfi.1d, J,. City C ... @il @t@d L. d.pt the f.ii..i.g p.. @ppli,@,i@@ @f The C--gl@g-ti-- -f H@p@ Ch@,@h f., . C..ditiO@@l U-- P@l-it f-@ @ @h.@@h: RESOLUTION UPON APPLICATION OF TtiE CONGREGATION OF liOPE R0578182 LUTfiEP,AN CIIURCH FOR A CONDITIONAL USE PERMLT FOR A @h.@@h BE IT RESOLVED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, th.t: Appli..Li.. f Ti,@ C..g@@g@ti.. f Hop,@ L@th@l- Ch.,ch f., @ lo.dili.@@l U- P--it f.@ P@@p-Ily I...t@d .@ th@ M.,th sd@ j- P@.v. ..d R@l.@.L@d b@gi..i.g t . p.i.t 650.79 f-t E..t f Blf.@ Dliv@, @ ... i.g di.t@.@e f 280 f-t -@ 1-@ zd@.9 tl,,, N.@Lh @id@ of R.@d R,- l.c.t,d, i.g . di.l.,,@@ f 781.09 f-, Li@. E@.,t... p@.p,@y li.., @..@i.g f 301.51 f@@l .1..g ti@@ N.@Lt@@l- p@.p@ILY li.@ .@d i.g . di.t..@@ f 709.88 f..t .1..g th@ W@.t@@. Ii... s.id P.@@.1 5.25 K@.p.vill@ B.@.@gh F.@ th@ f i@@ @ppli@@.t, p@i.@ L. ti@ll f tl,, i,,t..d@d s@ .f til@ 1.@d, th@ f.1l..i.g @ill b, @@q@i,@d by ti,@ d.i.i.t@.tiv@ t@ff; 1. SL..d@@d @.q.i@,d by h. Sit. PI.. O@di.@.@@. 2. City ..t- @.d 3. Ip@.@..e.t. .1..g P@.@id@.@@ R..d; tl,i. @.@b @.d g.tL@,, .id@@.1k@, ..d d@@i..g@ 4. P.@ki.g t . f 1 p@@@ p.@ 5 @@.t. .@ b@.@h @@.ti.g p@-. i. th. ..i. Tl,i. h.11 b@ ff-tiv, p@@ d,,t@ @f @d.pti... Ad.pt.d by tt,@ C ... @il f ti@@ City f Vi@gi.i. B@.@t,, Vi@gi.i., .. th@ 15 d.y f M.y , 1978. 5 / 15 / 7 8 -5 3- ITEM #12157 Application of Trustees, Thalia United Methodist Church for a Conditional Use Permit for a church on certain property located at the Southwest corner f virginia Beach Boulevard and Fir Avenue, running a distance of 641 feet along the South side of Virginia Beach BOLilevard, running a distance of 250 feet more or less along the Western property line, running a distance of 510 feet along the Southern property line and running a distance of 204 feet along the West side of Fir- Avenue, Said parcel contains 3 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 10 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. No dredging, filling, bulkheading, or other waterfront related acti- vities will be allowed without the proper permits. 4. Improvements will be necessary along both Fir Avenue and Virginia Beach Boulevard; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 5. A 200 foot drainage easement centered over Thalia Creek will be required. 6. A dedication of right-.of-way 80 feet from the centerline of the existing variable right-of-way along the 641 foot frontage on Virg- inia Beach Boulevard, as shown on sheets #25 and #26 of plans on file in the City Engineering Division. Also, the proposed permanent drainage easeinent as show@i on these plans is required. 7. Parking at a minimum of 1 space per, 5 seats or bench seating spaces in the main auditorium. On motion by Gouncilmaii Ferr@ll, secoiided by Couticilmaii McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen Robert B. Cromwell, Jr., Mayor Clarence A. Holland, and Floyd E. Waterfield, Jr. City Council voted to defer for one week the above application of Trustees, Thalia United Methodist Church for a Conditional Use Permit for a church on certain pro- perty located at the Southwest corner of Virg nia Beach Boulevard and Fir Avenue, running a distance of 641 feet aloil@. the South side of virginia Beach Boulevard, running a distance of 250 feet more or less along the Western property line, running a distance of 510 feet along the Southern property line and running a ITEM 1112158 Applicati-n Of R@lph @@d J@dy M..@eY f-, @ Co@diti.@@l U,, P@,.it t., holses fol hi,e and boa,ding o@ ce,t@i@ P,Ope'tY 101@te 0 the W@st sid@ of S@@bo@ld Ro@d b@gin@i@g at a P-i-t 6336 feet S..th of L@lay D,,,e, ,@nning @ di@t@-@ -f 51 fe.t o, l@,s @l.@g th@ Wllt ide of Se@bo@ld Ro@d, @nning a dist@nce f 2931.72 fllt l@ a S.@th@est@,ly di,e@ti.n, ,u@ni@g @ dist.nc@ f 443.31 fl@t i@ @ No,th.@,t@lly dillctiol, '@llilg - di,t@n@e f 1634.58 f@lt in @ W,,t,,ly di,@ti.@, .@ning , dil@@@e f 879.30 feet i. a N.Ith.@ste,ly dile,tion, ,@n,i@g @ di,t@n@@ f 1343.23 feet i@ @@ East@lly di,@ction, ..@ing @ dist@nle f 687.41 feet in a N.,th.est,,Iy di,ection, u@ni@g a di,t@@,@ of 487.96 f@,t i, @ No,th- ea@te,ly di,@cti.@, un@ing @ di@t@@@ f 1158.96 ft i@ @ @.th@@st@,-Iy di,@cti.n, .@@ing , di@t@nc,@ f 1080.15 f,.@t in @ N.,th,@st@,ly di,,@ti.@, ,.@ning @ di,ta@c@ f 718.97 flet 1, a S@,th@,,St@,ly di,@cti., @nd @,,ing a distance f 1420.12 feet i@ a N.,th-,t@,ly di,@li.n. S@id p@,@@l c.@t@i,s 59.3 PUNGO BOROUGH. Plan@ing Co-i@si.n R@ ... end@tion: A ..ti.n .@, pas"d un@ni..@@ly by the Pla@,ing C ... i@,io@ by @ @.,ded @.te of 11 to @ppro@@ this @q@est. F@r th@ inf.r.ati.n f th@ appli@a@t, pri.r t. th@ i,iti@tion of th@ int.nded s@ of the l@@d, the f.11.@ing @ll he @q@ir@d by th@ @d.ini- strati,@ staff: 1. Standa,d i.pr.,@.ent@ . @q@ir@d by ti,@ Sit@ Pla@ Ordi,@nc@. 2. Co.pli@@@ ,ith Article 2. @cti@n 234 @f tl,@ C..pr@he@si,e Z.ni,g Ordi.an@@ pert@ini.g to Riding A,@d@.i@s. J. A 300 f.ot d,ai@@ge e@@.@,e.t r C@nal #2. 4. A.e@s t. thi@ sit@ i, t. b@ li.it@d t. the @..Iica@'t.', ri@ht-@f-@@@ COMiCILMAN MCCOY LEFT CliAMBE@ CO@CILMN CROWELL RETU@IS TO CHAMERS MI. W-@dY Gliffi., Al@ ... e,, @h. 0. b, [,y C ... B@.., @.,d by ,@.,d@d @l, f.11... : Ay@,: Joh. A. B@@., B. 11., G@o@g@ R. F,@,@ll, C ... cil- M.y.,. E. Ob@,@,d.@f, J. C@@,i@ p@y@@, L. Rigp , @.d Vi@@ @y-I P@lli@k L. S@..di.g N.y.: N..@ A. H.1l..d, J. @]-@y M@G.,, J,., .@d Fl.yd C,i@y C...cil @.@ed . d.pl Ih@ f.11.@,,g -P-- @PPlil-li.. f R.Ipll .@d J@dy H .. @y f.@ . C.@8ii .. 1 U.@ P@ldl f., h@,@,@, f@, hi@. .@d b ... di.g: RESOLUTION UPON @PLICATICti OF MI,PH ACD JUDY MOONEY FOR A R0578183 CONDITIONAL USI@ PEI@IT FOR f., 1,1,@ ..d b ... di.g BE IT RESOLVED By THE COU@CIL OF TIIE CI'17 OF VIRGINIA BEAC., VI.GINIA, @h@l: Appli,.Ii.. f R.I,I, .@,d J.d, Mo.@,, f.@ I U@,@ P,@@.il f., h.,@@@ f., hil@ ..d b..@di@,@ 'h, W@,@ @liil f9,@b-ld @@,,d b.gi..i.g ., . p.i., 6336 f@@@ S..Ih f L... D,l@,, @... i., . di.@..@@ f 51 f-, .0@@ o, 1.@s @l.@g 'ill W@@ll @id, f S@.b.@,ld R.@d, @... i@g @ di.l.@,@ f 2931.72 f,@@ i@ dil@@,, f 443.31 f,,, di,, ... ,f 1634.53 [,,, i,, @f 879.30 f@,, i@ f 1343.23 f@,@, i. L-l"IlY dill"i-@l, I ... i., .f 687.41 f@@, i. @ N. @h.- '-]Y I... i., . f 487.9, f,,, i- . di,-Ii ... .... i" f 1158.96 f@@, i. z@ S..@t,- @,ly di,-Ii.., @... i@g . 108,@.15 f",@' i. dil- '@..i.9 . di.l..,, f 718.97 f"' ill , di,@@li.. ..d ... i@19 . d"@... @f 1402.12 f-,, 11 , N@,11,,Illllly S.id 59.3 Fo@ @l,@ "jo, .f Ii,. I..d, 11,@ @ill b,, @,I.i,,d t,, @l,, .,@ff: 1. S@..,d.,d b, lhl- Sill PI.. C,di..@ 2. C..pli..,,@ @@ll Al@i,l@ 2, 234 of i,, O@di ... @@ p@llli.i.g @. Ridi.g A@@d@.i@@. 3. A 300 f..@ C.@@l il2. 4. A,,@.. 1. i@ 1. l@ li.il.d @. 11@@ .,Pli ... ibil b, lfl,,Ii,@ .,o. d., of d.plj@@. Adop@.d by Ih@ C..,,@il @f 'h@ Ci'Y -f Vilgi@ - B@@ch, Vilgi.i., Ih@ 51 5 ITEM #12159 5.. Application of Virginia Beach Campgrounds, Inc. (KOA), for a Conditional Use Permit for a 12- foot by 5-foot sign on certain property located on the Rest s-ide of South Birdneck Road beginning at a point 531.61 feet North of Bells Road, running a distance of 152 feet more or less along the West side of South Birdneck Road, running a distance of 755.57 feet along the Northern property line, running a distance of 152.90 feet along the Western property line and running a distance of 723.95 feet along the Southern property line. Said parcel contains 2.577 acres. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Granted for a period of 3 years. 2. Compliance with Article 2, Section 216 of the Comprehensive Zoning Ordinance pertaining to Outdoor Advertising Structures, Billboards, Signboards, and Poster Panels. 3. No outdoor advertising sign shall exceed 60 square feet of surface area. as reauested. COUNCILMAN BAUki LLFT CIUMERS M@. J. L@-y B,.@n@li @.p@ .. nt@d Lb@ pplil..L On -ti.. by @-..d@d by Rig@@., ..d by e..@d@d @.t@ - f.11 ...: Ay@.: C... @il.Ln R.b@@l B. C@.-ell, J@., G..@g@ R. F@@,@ll, J.h. R. @iffi., C...@il@ .... Mey.,. E. Ob@-d.@f, J. C.@ i. P.y@., R.g@@ L. Rigg., .@d Vi@@ M.y.@ P@t@i@k L. St.@di.9 N.y.: N..@ Ab.@.t: C ... J.h. A. B..., M@y.@ Cl.,-@@ A. 11.11@nd, J. lie.,y M@C.y, J,., @.d Fl.yd E. W.t.@fi@ld, J,. City G...@il @.t@d t. d.pt th@ f.1l.wi@,g P.. Ppli..Li.. f Vi@gi.i. B..@l, C..pg@.@.d., I... (KOA), f.@ . C.ndili..@l U.@ P@-it f.@ . 12-f..t by 5- f..t @ig.: RESOLUTION UP014 APPLICATION OF VIRGTIQIA BEACii CAMPGROUNDS, R0578184 114C@ (KOA), FOR A CONDITIOtiAL USE PERMIT FOR A 12-f..t by 5-f..t @ig. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, th.t: Appli..ti.. f Vi@gi.i,, B@.@h C..pg,..@d., I.@. (KOA), f.@ , C..diti.@@l U.@ P@@.it f.@ . 12-f..t by 5-f@.t ig. .. p@.p@,ty I.,@t@d .. th@ W@.t @id@ @f S..th Bi@d..@k Ro.d t . p.i.L 531.61 f- c N.@th f B@ll. R..d, @,,-i.g . di.- t..@. f 152 f@et .1 l@.. .1o@g th@ 14@,t id@ f S.@th Bild@@@k R@@d, @.@.i,g . di.t .... .f 755.57 f- t I..g th@ N.,th@@. p@.p@@y li.@, @ ... i.p, @ di.t..@@ f 152.90 f@@t I..g th@ p,.p,,ty li.@ .@d @ di.t..@@ f 723.95 f@@t .1..g th@ S..th@@. I,,.p.,ty li.@. S@id p.,- 1 2.577 B@-.gh. F.@ th@ i.f .... ti.. f th@ ppli@.@t, p,i@@ t,, th@ i.ili.ti.. f th@ i.te@d@d f th. I..d, ti,@ f.li.wi@g ill 1,@ ,@q.i@,d ],y tl,@ d.i.ill@.ti,@ t.ff: 1. G@.@t@d f., , p@,i.d f 3 y@.@,. 2. C..pli..@@ ith A@ti@l@ 2, S@@ti.. 216 f th@ Z..i.g O,di ... @@ p.@t.i.i@g t. O.td..@ Ad@@@ i@i.g St@.ct.@- , Billb..@d@, Sig.b..@d., @.d P.,t@@ P..@.,. 3. N. ..td..@ @ig. h.11 @.@-d 60 q..@@ f.@t f .. @@q ... t@d. Thi. I.ti.. h@ll b@ @ff@,ti@@ @p.. d.t@ f d.pti... Ad.pt@d by th@ C ... @il f th@ City f Vi@gi.i@ B-@h, Vi,gi.i., .. th,- 15 d.y f 1978 5 - 5 6 - ITEM #12160 Application of Graydon Banks Walker and David Michael Ascher for a Cond- itional Use Permit for a jet ski rental on certain property located on the Nort side of Las in Road beginning at a point 728 feet East of Oriole Drive, running a distance of 88-50 feet along the North side of Laskin Road, running a distance of 122.83 feet in a Northerly direction, running a distance of 105 feet in a Northeasterly direction, runiiing a distance of 99.31 feet in a Northwesterly direction, running a distance of 152.20 feet in a Southwesterly direction and running a distance of 124.43 feet in a Southerly direction. Said parcel contains .469 acre. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to deny this request. It was felt that the proposed use would adversely affect the surrounding resider)tial area. COUNCILMAN BAUM RETURNS TO CHAMBERS COUNCILMAN MCCOY RETURNS TO CIIAIIBERS On motion by Councilman Griffin, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Mayor Clarence A. Holland, and Councilman Floyd E. Waterfield, Jr. City Council voted to deny the above application of Graydon Banks Walker and David Michael Ascher for a Conditional Use Permit for a jet ski rental on certain property located on the North side of Laskin Road beginning at a point 723 feet East of Oriole Drive, runnin@ a distance of 88.50 feet along the North side of Laskin Road, running a distance of 122.83 feet in a Northerly direction, running a distance of 105 feet in a Northeasterly direction, running a distance of 99.31 feet in a Northwesterly direction, running a distance of 152.20 feet in a Southwesterly direction and running a distance of 124.43 feet in a Southerly direction. Said parcel contains .469 acre. Lynnhaven Borough This application was denied as it was felt that tlie proposed use would adversely affect the surrounding residential area. 5 / 15 7 8 -i / - ITEM #12161 Application of Princess Anne Corp., T/A Princess Anne Memorial Park, Inc., for a Conditional Use Permit to operate a cemetery, mausoleum, columbarium, chapel, administratite o-ffices and equipment maintenance and storage on certain property located on the East side of North Great Neck Road beginning at a point 950 feet more or less North of Inlynnview Road, running a distance of 912 feet along the East side of North Great Neck Road, running a distance of 1465 feet along the Northern property line, running a distance of 758.30 feet along the Eastern property line and running a distance of 1667 feet along the Southern property line. Said parcel contains 31 acres. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 10 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. The necessary downstream drainage improvements and easements. 3. Compliance with Article 2, Section 226 of the Comprehensive Zoning Ordinance pertaining to Cemeteries, Columbariums, Crematories, and Mausoleums. Mr. Richard Browner represented the applicant On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Bauin, Fobert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman @ieyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing Nays: None Absent: Mayor Clarence A. Holland, and Councilman Floyd E. Waterfield, Jr. City council voted to adopt the following resolution upon application of Princess Anne Corp., T/A Princess Anne Memorial Park, Inc., for a Conditional Use Permit to operate a cemetery, mausoleum, columbarium, chapel, a ministrative offices and equipment maintenance and storage: 5 8- ITEM #12161 On motion by Councilman Griffin, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing ,iays: None Absent: Mayor Clarence A. Holland, and Councilman Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance to amend and reordain Section 4.1(m) of the Subdivision Ordinance of the City of Virginia Beach, Virginia, relating to Street ht- f-Way idth,,: AN ORDINANCE TO AMEND AND REORDAIN SECTION 4.1(m) OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO STREET RIGHT-OF-WAY WIDTHS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4.1(m) of the Subdivision Ordinance of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: (m) Street right-of-way widths shall be as specified in officially adopted elements of the comprehensive plan relating to streets. Where not shown therein, pavement widths and right-of-way widths for public streets shall be in relation to the proposed density and/or the land use of the property adjacent to the roads and within the parcel sought to be subdivided, but in no case, be less than as follows: Min. R/W Min. Paved Width Width @face to face of curb@ f@t. (ft.) Arterial 80 52 Collector 60 36 Minor a. Serving commercial or industrial uses 60 46 b. Serving residential uses 50 30 Marginal access 40 30 Alley 24 20 Residential Cul-de-Sac 40 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of May 1978. APP AS TO COITENT APPR@rdVE@@:) P@S TO FORM SIGNATURE CIT'( ATIO@@NEY 515 7 8 - 5 9 - ITEM #12162 On motion by Councilman Griffin, seconded by Councilworqan Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Mayor Clarence A. Holland, and Councilman Floyd E. Waterfield, Jr. City Council voted to defer for one week the followin@. ordinance to amend and reordain Article 10, Section 1001 of the Comprehensive Zoning Ordinance per- taining to Use ations: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 10, SECTION 1001 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 10, Section 1001(a), Principal uses and structures, of the C.Z.O. is amended and reordained as follows: Within an I-1 Light Industrial District, the following uses and structures shall be permitted: (a) Principal uses and structures: (13) Public schools, colleges and universities, and private schools, colleges and universities having similar academic curriculums; (14) @134 Public utilities installations and substations in- cluding offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than in- dividual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening; (15) @444 Repair establishments; provided that no outside storage is included (excluding mobile operative equipment); (16) @154 Vocational, technical, industrial and trade schools. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1978. APPRO@g AS T 0 co VYFF,@ DEFERRED UNTIL MAY 22, 1978 5 1 57 8 (.-IT) ATTI,)P4E)' - 6 0 - TTEM #12163 Mr. Grover C. Wright, Jr., Attorney, representing the Virginia Beach Innkeepers Association, appeared before City Council regarding the proposed Towing Ordinance. Mr. Wright stated that the Innkeepers were very much in favor of the proposed ordinance and requested that it be brought before Council for action. On motion by Councilman Baum, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George E. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Mayor Clarence A. 14olland, and Councilman Floyd E. Waterfield, Jr. City Council voted to bring before Council on May 22, 1978 the proposed Towing Ordinance. 5 / 1 5 / 7 8 - 6 1- ITEM #12164 On motion by Councilman Cromwell, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Mayor Clarence A. Holland, and Floyd E. Waterfield, Jr. City Council voted to approve the payment of Mayor Clarence A. Holland's second class ticket, round trip, to Moss, Norway. ITEM #12165 On motion by Councilman Griffin, 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, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Mayor Clarence A. Holland, and Floyd E. Waterfield, Jr. City Council voted to appoint Mr. C. 1. Siler, Jr., to the Eastern Virginia Health Systems Agency for a term beginning July 1, 1978 and ending June 30, 1981 - three (3) years. ITEM #19166 On motion by Councilman Cromwell, 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, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Mayor Clarence A. Holland, and Floyd E. Waterfield, Jr. City Council voted to reappoint the following to tbe Arts and Humanities Commission for a two (2) year term, beginning July 1, 1978 and ending June 30, 1980: Mr. G. Stafford Balderson Mrs. C. M. Baylor, Jr. Mrs. Helen Crist Mrs. Bea Lovitt ITEM #12167 On motion by Councilman Ferrell, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Mayor Clarence A. Holland, and Floyd E. Waterfield, Jr. City Council voted to reappoint Mrs. Barbara Kledzik to the Pendleton Project Service Center - Citizen's Advisory Council for a term of three years, beginning June 1, 1978 and ending May 31, 1981. 5 / 15 / 7 8 - 6 2 - ITEM #12168 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, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Mayor Clarence A. Holland, and Councilman Floyd E. Waterfield, Jr. City Council voted to appoint Mr. Tvan D. Ilapp to the Eastern Virginia Medical Autlaority for a term of three years, be.@inning June 1, 1978, and terminating May 31, 1981. ITEM #12169 On motion by Councilman McCoy, seconded by Councilman Ferrell, aiid by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice @layor Patrick L. Standing Nays: None Absent: Mayor Clarence A. Holland, and Councilman Floyd E. Waterfield, Jr. City Council voted to amend the appointment of Doctor John Bowman's term on the Eastern Virginia Medical Authority to coincide with the established terms of service which run from June I until May 31. Doctor Bowman's term of office is June 1, 1976 and terminates May 31, 1979. ITEM #12170 Councilman McCoy requested that his letter regarding the appointment of a "Growth Committee" be placed on the informal agenda for May 22, 1978. ITEM #12181 On motion by Councilman Griffin, seconded by Councilman McCoy, and by acclamation, the meeting adjourned. Richard J. Wev on, City Clerk Myr Ciaren,;"A. Ilol D City of Virginia Beach, Virginia May 15, 1978 h 5 15 7 8