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Home My WebLink AboutJUNE 19, 1978 @.-Il -11 -Illjll LUAL @Ly @LUICI.L ab)i)rOVe an oruinance to amnd and reordain Section 22-151 of the Cc>de of the City of Virginia Beach 1)ertaining to parking mter zones. CITY OF VIRGINII BEACH MUNICIPAL CENTER VLRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., By@id. B .... gb 1. HENRY M@COY, ],.. D.D.S., K@.p,@ill@ B.,.@,b VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORP, At L.,g@ JOHN A. BAUM, B.,..gh 1. CURTIS PAYNE, P,i.@@l. A..@ B@,.@gh ROBERT B. CROMWELL, ],, At L.,S@ ROGER L. RIGGS, Vigi.i. B@.@b B.,.@gb GEORGE R. FERRELL, A, L.,g@ FLOYD E. WATERFIELD, ],., P..g. B.,..gb JOHN R. GRIFFIN, Ly@.b.,,@. B.,..gb AGENDA RICIIARD 1. WEBBON, Cily Cl@,k The City Council of tlie City of Virginia Beach, Virginia, will ass@le in the Administration Building, Pr3-ncess Arme Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.n,., on Zbnday, June 19, 1978 for the purpose of conducting public business and will hear and act upc)n the follov7ing i@. : 1. Call to order by the Honarable Clarence A. Ilolland, @Nlayor, in the Cc)uncil Conference I=m. 2. Roll Call of the Council. 3. @,btion to recess into Informal Discussion and Executive Session. Upon conclusion of the Executive Session, City Council will reconvene in the City Council ChmTbers. 4. Invocation will be given at 2:00 p.m-., by the i@verend J. E. lqilkerson, Francis Asbury United inlethodist Church, Virginia Beach, Virginia. Please remin standing for the Pledge of Allegiance. 5. Roll Call of the Council. 6a. ilinutes of the Regular @eting of June 5, 1978 to be presented for acceptance and approval. b. minutes of the Pegular lbeting o.' June 12, 1978 to be presented for acceptance and approval. 7. All r,.iatters listed under the consent agenda are considered to be routine by the City Council and will be enacted by one r-rotion in the forri listed. There will be no separate discussion of these i@. If discussion is desired, that item will be remved from the consent agenda and considered sai?arately. a. City Council is requested to approve on second reading an ordinance to ariend and reordain Section 33-2 of the Cc>de of the City of Virginia Beach relating to real prol?erty taxation. b. City Council is r@ested to approve on second reading an ordinance to amnd and reordain Section 33-8 of the Code of the City of virginia Beach relating to personal property taxes. c. City Council is requested to approve on s@nd reading an ordinance to accept a grant totalling $6,366 from the Southeastern Virginia Plarming District ssion and to appropriate these funds. d. Letter from the City I-lanager reco@ding that City Council approve an ordinance to appropriate funds in the amunt of $120,000 for the purcliase of equi@t for a City garage equi,@t pool. (first reading) e. Letter from the City @lanager reco.@ding that City Council approve an ordinance to accept $30,000 fron. the Southeastern Tidewater Area klan@r Authority and to appropriate these funds: Estimted Revenue Tota-1 From Other Agencies Appropriations CETA - Title I $30,000 $30,000 f. @tter from the City imanager rec@, ding that City Council approve an ordinance to accept a grant totalling $42,688 from the Division of Justice and Crix.-e Proven-- tion and to appropriate these fi-uids: (First reading) Estirrated Revenue Local Total From Other Agencies Matcli Appropriations Police Training $19,000 $1,000 $20,000 Letter frorn the Cit7y Manager transmitting the reoo @dation of the Planning Co@ssion for denial of the application of Robert W. Waddell, M. D. and Grover C. Tplright, Jr., for a change of zoning frorq R-5 Residential District to 0-1 office District on a 3.553 acre paLrcel located on the south side of Old Donation Parkway, west of First Colonial Road (Lynnhaven Borough). Deferred from Jun(, 12, 1978. Letter from the City @lanager recommnding that City Council deny the appeal of 14r. Frank Butler, on behalf of Senator Joseph Canada, to appeal the enfo--t of Section 5.2 of the Site Plan Ordinance and Section 912.(c) (2) of the CZO pertaining to setbacks and r@re him to setbalck as the ordinances so state, unless he is prepared to mve the building at no cost to the City ancl resulting in no d@L ges to either the city or state, when this right of way is needed for the construction of ircprovem-mts to Virginia Beach Boulevard. Deferred frori May 26, 1978. Letter from the City 1,@ager rec@ding that City Council approve the purchase of 50 acres of land for a high school site in the Great Neck Area from BroFd Bay Mznor, Inc. for $10,000 per acre; and further, authorize the City @Manager to ent-er into tlie necessary agreeffents for the purdiase of tlie property. Funds are- available. Letter frorn the City @ager outlining the propc)sed method ,or fundincj tlie purchase ot park land in the L@aven Borougli froln Broad Bay imanor, Inc. which sets forth tile total cost of the land as being $808,340 and reqliests an appropriations of $121,215 to secure an option to purcliase the property, this being 15% of the cos-,. Authority is requested to sign the necessary agreemnts and adoption of a Resolution from the City Council to the Conmssion on Outdoor Recreation and the Depar@t of the Tnterior fQr the purpOS--, of obtaining fmding assistace for this acquistion of pari@ land. 2. Letter from the City ManaLger reconmi@g that City Council approve an ordinance to ,@d Chapter 8 of the Code of the City of Virginia Beach by adding thereto a new Article IV-A relatinq to water conservation recrulations. 3. old business, deferred from the previous rceeting including any report of @@ Mayor or Com.uttees named by Council. 4. New business, including any presentations by Council ,@rs, Citizens and Organizatioils. 5. Motion for adjournment. UIUL @ILY @LUICI-L approve an or@nanC(2 to @d and reordain Section 22-151 of the Code of the City of Virginia Beach 1-rtaining to parking @mter zones. h. Loetter frorn the City @ianager reconmnding that City Council approve ti-ie low bid of Bryant Electric oan nc., in the amunt of $2,109,658.50 for the Virginia Ccm@ y, I Beach Boulevard Water Line - Sections 2A ai-id 2B (Kenpsville Borouah); and further, authorize the city bbnager to enter into the necessary agreemnts to implement this project. i. Letter from tin City @Manager trans@tting the reco@dation of the Viewers for denial of the closure o@, a Portion of Hillview Boulevard (KeRpsville Borough); h-ever, reco@ds encroa t upon the right of way, pe=tting the applicants Charles E. Lee, Joan F. Lee, 14ichael N. Chesson, and Kay H. Chesson, to erect a privacy fence. If Council wishes to alrant an encroac@nt, it is reco@ded that tli@, ai?plication be deferred for twu weeks so s to caiculate the extent of the encroachimnt needcd and to draft the enabling ordinance. j. Letter from the City imanager reco@ding that City Council approve the request of Mr. John T. Atkinson, City Treasurer, for tax refunds in the arrount of $593.89. 8. Loetter from the City Manager transrdtting the reco @dation of the Planning Coranission for approval of the application of the Planning Co@ssion of the City of Virginia Beacl-i for the following changes of zoning for threc parcels located on the south side of London Bridge Rc)ad (Princess Anne 130rough): a. Change of Zoning from R-8 Residential District to AG-1 Agricultural District. b. Change of Zoning from AG-1 Agricultural District to R-8 Residential District. c. Change of Zoning from Ag-1 Agricultural District to R-8 Residential District. 9. Letter frorn the City Yjanager transraitting the reconnendation of the Plaming Co,@@ssion for approval of tl-ie application of George S. and Alm V. Jol-mson for a conditional use @t for a duplex on a 5.001 acre parcel located ol-i the south side of Indian River Road, east of Princess Anne Road (Pungo Borough). 0. Letter frcrn the City P4anager transmitting the rec@dation of the Plaming Co=, @ ssim for approval of the application of Deruiis A. Harrison for a conditional use perrdt for the storage of boats on a 0.3 acre parcel located south of Public Landing Road, east of Princess Anne Road (Pungo Borough). 1. Letter from the City Manager trans@tting the recc)@dation of the Planning Co=,@ssion for approval of the application of Robert C. O'Neal for a conditional use perfnit to operate a bicycle rental on a parcel 30 feet by 41 feet, located at the nortlicast corner ol- 24th Street and Atlantic Avenue, on property of Holiday Inn (Virginia Beach Borough). 2. Letter from the City Mmiager trans@tting the reca ation of the Plaming Co@ssion for approval of the application of Amrican Oil Co-@y for a conditional use pe@t for a self-service gasoline service station on a .53 acre parcel located at the southeast intersection of Laskin Road and First Colonial Rc)ad (L@iaven Borough). 3. Letter from the City Manager transip-itting the reco@dation of the Planning for approval of the application of @uel Tabernacle Church for a conditional use cermit for a church on a 1.36 acre parcel located at the northwest intersection of Dbrrison Ave. and the tiorfolk-Virginia Beach Expressway (Lymhaven 130rougli). 4. Letter from the City Manager trans@ttil-ig the reco @dation of the Planning @..'ssion for approval of the application of Lyle T. Sudth for a conditional use peradt for a full- service qasoline station on a 6.74 acre parcel located at the southwest i-ntersection of Princess Anne Road and Cc)rner Road (K@sviile Borough. 15. Letter from the City k4anager transmitting the reco@dation of the Planning Conriission for approval of the application of Li'l Sliopper, Inc. for a conditional use pe@t for a gasoline service station and convenience store on a .61 acre parcel located on the north side of Shore Drive, east o@- Pleasure House Road (Bayside Borougli). Deferred from June 12, 1978. 16. Letter from the City @ager transmitting the re@, ndation of the Planning Co@ssion for denial of the application of Hermitage Townhouse Associates for a chalnge of zoning fror,i R-5 l@sidential District to B-2 Co@-iity Business District on an 11.949 acre parcel located on the east side of Providence Road, soutdi of Princess @ine Rc)ad (K@sville Borough). Deferred from Jun@, 12, 1978. 17. Letter frcrn the City -Ianager trans@ttiiig the r@connendation of the Plannj-ng Co@ssion for denial of the application of Carlton E. and Josephine Coppers@th for a change of zoning from R-5 Residential District to 0-1 Office District on a .462 acre @cel located at the southeast intersection of 1<@- sville and Providence Roads (Kenpsville Borough). Deferred from June 12, 1978. 1 8. Letter frorn the City Manager transndtting the recc) @dation of the Planning Comdssion for denial of the application of Robert W. Waddell, M. D. and Grover C. @Iright, Jr., for a change of zoning fran R-5 Residential District to 0-1 Office District on a 3.553 acre parcel located on the south side, of Old Dc)nation Parkway, west of First Colonial Road (Lynnhaven Borough). Deferred from@Jun(,- 12, 1978. 9. Letter from the City @ager reco@ding that City Council deny the appeal of 14r. Frank Butler, on behalf of Senator Joseph Canada, to ap@ the enforcemnt of Section 5.2 of the Site Plan Ordinance and Section 912.(c) (2) of the CZO pertaining to setbacks and require him to setback as the ordinances so state, unless he is pre@ed to nove the building at no cost to the City anci resulting in no damges to either the city or state, when this right of way is np-eded for the construction of irprovements to Virginia Beach Boulevard. Deferred from imay 26, i978. 0. Letter from the City 14anager re ding that city Council approve the purchase of 50 acres of land for a high school site in the Great Neck Area from BroFd Bay Manor, Inc. for $10,000 per acre; and further, authorize the City @ager to enter into tlie necessary agre@ts for the purcliase of tlie property. Funds are available. 1. Letter from the City @ager outlining the proposed mthod for fundixig tlie p@ch4se ot park land in the Lynnhaven Borougli frori Broad Bay i,4anor, Inc. which sets fo@ the tqtal cost of the land as being $808,340 and requests an appropriations of $121,215 to secure an oldtion to purcliase the property, this being 15% of the cos-,. Authority is requested to sign the necessary agr@ts and adoption of a Resolution from the City Council to the Co=ssion on Outdoor Recreation and the Depa@. t of the Interior -@or the purpc)se of obtaining funding assistace for this acquistion of parl@ land. 2. Letter from the City @ager r@nmilding that City Councii approve an ordinance to ,@d Chapter 8 of the Code of the City of Virginia Beach by adding thereto a new Article IV-A relating to water conservation recrulations. 3. old business, deferred from. the previous meting including any report of the Mayor or Cc)=@ttees n@ by Council. 4. New business, including any presentations by Council @'@@rs, Citizens and Organizations. 5. Motion for adjournment. MINUTES OF THE HONORABLE CITY COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGI14IA June 19, 1978 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. Holland, in the Conference Room, in the Administration Buildin,., on Monday, June 19, 1978, at 1:00 p.m. Council Members present: John A. Baui-n, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. ITEM #12289 Ilayor Ilolland entertained a motion to permit Council to conduct an informal session to be followed by an executive session for the pur- pose of discussing tbe 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 pur- pose, or other disposition of publicly held property. 3. Consultation with legal counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Councilman Ferrell, seconded by Councilman Crom-well, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Geor@e R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to proceed into t',Ie executive session followin@ the informal discussion. ITEM #12290 Mayor Holland stated he placed before Council two letters, one from Reverend James Rush on the Mental Health/Mental Retardation Services Board, and the other from Reverend Robert B. Newland, from the Wet- lands Board, indicating they must resign from their respective boards as they are being transferred. ITEM #12291 Councilman Riggs stated that there are many problems in the Beach Borough with regards to the boardwalk and the bicycle path. Apparently, there are many violators with the bike owners being on the boardwalk, and pedestrians being on the bike path. What plans liave been made to erect signs informing the public of the fact that they must stay in their own lanes? 6 / 1 9 / 7 8 - 2 - The City Manager stated that more notice should be given, however, the City did not want to clutter tbe boardwalk with signs. The Public Works Department is preparing signs stating that pedestrians are not permitted in the bicycle lanes, ald tile bicycles zire not permitted in the pedestrians lanes. ITEM #12292 The City Manager stated that Friday he attended the funeral of Kenneth Cole, who worked for the Parks and Recreation Department. Mr. Hanbury stated that Mr. Cole was a fine employee of the highest order, and had worked for the City for many years. ITEM #12293 The City Manager stated he had discussed with Vice Mayor Standing, who is Chairman of the Southeastern Virginia Public Service Authority, the report of the Corps of Engineers on Lake Gaston as a source of water. The City Manager stated that the City would like to ask Council's formal endorsement of the report of the Corps of Engineers for Lake Gaston. This matter will be brought up in the formal session of June 26, 1978. ITEM #12294 The City Manager stated he would like to advertise for a public hearing for Revenue Sharing Funds for the City's allotment of $5,589,397 on July 3, 1978, with Council's approval. ITEM #12295 The City Manager stated that the Planning Director indicated he would like to give a staff presentation on how the Planning Department and the Planning Commission have progressed on the Comprehensive Plan. With Council's concurrence, they will meet on Monday, June 26, 1978, at 10:00 a.m., for the presentation of this plan. ITEM #12296 The City Manager stated that the police have been the bearer of bad news to many of the merchants, not only in the Beach Borough but thoroughout the City, who are working on Sunday. The City Manager stated he wishedt;he public would understand that the police are only carrying out the law. ITEM #12297 The City Manager stated that at last week's Council meeting, Herbert Kramer had a request for a zoning change which was denied. The Planning Director has researched this matter and found that when the CZO was amended there was a straight conversion and no downgrading. ITEM #12298 The City Manager stated that he has pictures of Hollis Road (Li'l Shopper, Inc., application in the Bayside Borough), and the road has been improved. The road is approximately 20 to 25-feet wide, however, it does need repaving, and if possible Council may wish to consider that as a condition of the use permit request by Li'l Shopper, Inc. Mayor Holland stated that he was one of the members of Council who requested deferral for a week, and it is in his opinion that the applicant should not have to pave the entire road because he is requesting gasoline pumps. 6/19/78 - 3 - ITEM #12299 The City Manager stated that within the last month Virginia Beach has experienced two major storms, both of which were greater than the design the City requires for drainage facilities. It is most unusual to have two 50 year storms within a month. Mr. C. Oral Lambert, Director of the Department of Public Works, appeared before Council at the informal session to discuss with Council the drainage problems the City lias experienced within the last month. Mr. Lambert informed Council that his office had prepared a detailed report of the recent storms for Council to study at their convenience. ITEM #12300 At 2:15 p.m., City Council reconvened in the Council Chambers with the following members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by the Reverend J. E. Wilkerson, Francis Asbury United Methodist Church, followed by the Pledge of Allegiance. ITEM #12301 On motion by Councilman Waterfield, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of June 5, 1978, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #12302 On motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of June 12, 1978, with the following correction, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy: Correction to Item #12245: Councilwoman Oberndorf felt that there was insufficient time for the Clerk's Office to prepare the agenda." 6/19/78 - 4 - ITEM #12303 On motion by Councilman Baum, seconded by Vice Mayor Standing, and by recorded vote as follows: ,Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution and presented same to Scott Herd: WHEREAS, the Al:l Student Marching Band, U. S. A., is an organization dedicated to provi-de a quality program of travel and musical experion--e to youtli, and to represeiit the United States of America by exposing other nations of tile world to the quality of our nation's youth; and WHEREAS, out of approximately fifteen tilousand of four million band students in the United S-lates invited to audiLion for the honor of melubership in the band, only two hundred outstanding students are accepted; and WHEREAS, Scott Herd has been selected as the only instrumentalist from Virginia Beach who will participate with the band. scott is a section leadoi. in tlie Baysicle @lligh School Band and has woll 20 iiicdals with superior ratinqs for his performance oil thc@ snare drum. Scott has Ilsc) had tlle honor of sitting first cliair in thc regional hand for I o years. ,-W NO;'@, TIIBRU,,FORE, BE IT Rl-,:SOLVED, tliat the City Council of the City of Virginia Beach, does lierein coituiiend Scott flerci and presents this Resolution and momcjitos ol- Virgir@i@l !',(-@ach @@-@ol- presentation by hir,,i to the faiitilios Witll @,7110M lie will ))C' st@,,yil)c-. in Europ@, \,iliere his pr-rformaiicos will iiiclude tlic,. Korl:rade i,lorld Music Festival iii ilolland. 6 / 1 9 / 7 8 ITEM #12304 -5- On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following consent agenda, 7a through 7j, with the exception of 7d, which will be voted on separately: ITEM #12305 On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes; Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Pavne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second reading the following ordinance to amend and reordain Section 33-2 of the Code of the City of Virginia Beach relating to Real ert Taxation: 6/19/78 - 6 - AN ORDINANCE TO AT@END AND REORDAIN SECTION 33-2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO REAL PROPERTY TAXATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained as follows: Section 33-2. When city taxes due and payable City taxes on real estate for each year shall be due and payable during the year for which the same are assessed in two equal installments, as follows: One-half on December 5th and one-half on June 5th of such year. In the event that taxes are assessed after December 5th such taxes shall be due and payable on the following June 5th of each fiscal year. This ordinance shall be effective upon date of adoption. FIRST READING: SECOND READING: June 19, 1978 Adopted by the Council of the City of Virginia Beach on the day of June 197P. JDB:er 6-8-78 6 1 97 8 - 7 - ITEM #12306 On motion by councilman McCoy, seconded by CouncilWoman Oberndorf, and by recorded vote as follows: Ayes: councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second reading the following ordinance to amend and reordain Section 33-8 of the Code of the city of Virginia Beach relating to Personal ert Taxes: AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-8 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO PERSONAL PROPERTY TAXES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-8 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 33-8: When city taxes due and payable City taxes on personal property for each year shall be due and payable on or before June 5th of the year in which the same are assessed. Except when the assessment is made after June 5th, the taxes shall be due and payable on or before December 5th of the year in which the same are assessed. This ordinance shall be effective upon date of adoption. FIRST READING: - 2 1 78 SECOND READING: June 19, 1978 Adopted by the Council of the City of Virginia Beach on the 19 ITEM #12307 On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second reading the following ordinance to accept a grant totaling $6,366 from the Southeastern Virginia Planning District Commission and to appropriate these funds: AN ORDINANCE TO ACCEPT A GRANT TOTALLING $6,366 FROM THE SOUTH- FASTERN VIRGINIA PL&NNING DISTRICT COMMISSION AND To APPROPRIATE THESE FUNDS wHEREAS, the Department of Planning desires to hire a graduate student as a part-time intern, and wHEREAS, the Southeastern Virginia Planning Distrir-t Coomission (SVPDC) has agreed to act as a pass-through for federal funds from the Department of Housing and Urban Development (HUD) to retain a planning intern, contingent upon final approval of the program by HUD. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF viRGINIA BEACH, VIRGINIA: That, contingent upon final approval by HUD, the City Manager .s hereby authorized to accept the grant for the City, and funds are 3. hereby appropriated for the following purpose: Estimated Revenue Local Total From Other A& ncies Match AR@o iatiors Planning Intern $4 2 4 $2@122 $6,366 @L -- BE IT FURTHER ORDAINED that the appropriations will be financed by $4,244 estixnated revenue from the SVPDC, and a local in-kind match of $2,122, provided in the form of staff supervision. FIRST READING: June 12. 1978 SECOND READING: June- 19, 19 78 Adopted by the Council of the City of Virginia Beach on the day of June 1978. 6 / 1 97 8 ITEM #12308 On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council vot6d to approve on first reading the iollowing ordinance to accept $30,000 from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds: AN ORDINANCE TO ACCEPT $30,000 FROM THE SOUTHEASTERN TIDEWATER AREA MAN- NWR AUTHORITY AND TO APPROPRIATE THESE FUNDS VUREAS, the City Coilneil, on October 10, 1977, approved $204,577 in initial fu;ading for tbe City's current Title I Employment Progra3n under the Comprehensive Employment aud Training Act of 1973 (CETA), and WHERE&S, the City Council, on March 7, 1978, approved $68,017 in additional funding for this program, and WHEREA,S, the Southeastern Tidewater Area Manpower Authority (STAMA) has approved $30,000 in additional funding, which the City wishes to accept. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BE&CH, VIRGINIA: That the City Manager is hereby authorized to accept the grant for the City, and funds are hereby appropriated for the follawing purpose: Estimated Revenue Total From Oth ncies ApprO2riations CETA - Title I 000 000 BE IT FURTHER ORDAINED that the appropriations will be financed 100% by federal funds from STAMA, with no local match required. FIRST READING: June 19, 1978 -10- ITEM #12309 On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on first reading the following ordinance to accept a grant totaling $42,688 from the Division of Justice and Crime Prevention and to appropriate these funds: AN ORDINANCE TO ACC@ GRANTS TOTALLING $42,688 FROM THE DI'VISION, OF JUSTICE AND CRINE PREVENTION AND TO APPROPRIATE THESE FUNDS WHERE&S, the Police Department wishes to continue its Police Training Program for selected members of the Department, and WHEREA,S, the Sheriff's Department wishes to continue its expanded Jail Paramedic Program, and WHERFAS, the Division of Justice and Crime Prevention (DJCP) has awarded the City two grants for funding the above programs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept grants for the City, and funds are hereby appropriated, for the following purposes: Estimated Revenue Local Total Frc,m Other ARencies Match Appropriations Police Training $19,000 $1,000 $20,000 Jail Paramedic 22,o38 650 22,688 Total $41,038 $1,650 $42,688 BE IT FURTHER OPDAINED that the appropriations will be financed by $31,328 estimated revenue from the DJCP, $9,710 from the Virginia Depart- ment of Corrections, and a local cash match of $1,650 from the City's Unappropriated Fund Balarice. FIRST READING: June 19, 1978 P@PPND.READING: Adopted by the Council of the City of Virginia Beach on the day of 1978. 6 / 1 97 8 - I I - ITEM #12310 On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: *Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance to amend and reordain Section 22-151 of the Code of the City of Virginia Beach pertaining to parking meter zones: AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-151 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PARKING METER ZONES. BE IT ORDAINED BY THE COUNCIL OFTHECITY OF VIRGINIA BEACH, VIRGINIA: That Section 22-151 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 22-151. Establishrlent of zones. The following described parts of streets in the City are hereby established as two-hour parking meter zones: (a) Fourteenth, Sixteent , Ei hteenth, Twentieth, Twenty-second, Twenty- fourth, Twenty-sixth, Twenty-sevent Twenty-ninth and Thirtieth Streets from Pacific Avenue to ocean front. (b) Fifteenth, Nineteenth, Twenty-first, Twenty-third and Streets from Pacific Avenue to Atlantic Avenue. (c) Seventeenth Street from Arctic Avenue to Atlantic Avenue. e. (e) Atlantic Avenue from Thirteenth Street to Twenty-fifth Street. (f) Pacific Avenue from Twenty-fifth Street to Twenty-seventh Street and from Thirtieth Street to Thirty-third Street. Adopted by, the Council of the City of Virginia Beach, Virainia, on the 19 day of June 1978. 6 / 1 9 / 7 8 ITEM #123il The following bids have been receiv@d for the Virginia Beach Boulevard Water Line - Sections 2A and 2B, in the Kempsville Borough: Bryant Electric Company, Inc. $2,109,658.50 A. Stanley Mundy & Company 2,412,543.00 Basic Construction Company 2,492,829.00 Central Builders, Incorporated 2,499,995.00 Paul N. Howard Company 3,218,828.00 Engineer's Estimate $2,427,204.00 On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Ba,,., Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCOY, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the low bid f Bryant Electric Company, Inc., in the amount of $2,109,658.50, for the Virginia Beach Boulevard Water Line - Sections 2A and 2B; and further authorized the City Manager to execute the necessary agreements. ITEM #12312 On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Jobn R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for two weeks the following ordinance for the closure of a portion of Hillview Boulevard, in the Kempsville Borough: 6 / 1 9 / 7 8 1 3 - ORDII,IANCE NO. IN TIIE ITATTER OF CLO';i,,,,-., VACATII'C, AM T)ISCO'ITII,'ITI*@,-C. A PORTIOL OF TIIAT CERTAIN STREET OF VARIA'I,r, F,'IDTII K@101-Ttl AS 11ILtvir.l@ Boul,EVARD, I,OCAT7,,D T!l TIIE Kr,@TSVTLI,r BOROUC)L OF Tlll,: CITY OF VIRCINIA Br,%Cli, VIRGI'.'IA, AS SIIOI:',4 O@l TI!AT Cr' PTAIN 'JING A PORTIO:L OF I[ILLVIFI' BOULEVAPJ) PL&T rNTITLrD, "PLAT SIIO' TO Br. CLOSR.D BrTl,!Er.4 LOT 103 AIID LOT 107 T.-or, CIL%rT,ES E. tND IF..,,SO'@1--Kr-'TSVILLE JOAN F. Lrl., A,,M @,IICIIAT.-.L 'l. t,,D Kky 11- Cl BOROUCII, VIRGIIIIA TIT.-ACTI, VI-GI.NIA", InllCll Pl,%T IS RECOPDUD IN TIIE CLERK'S OrT-'ICT. OF TIIE CIRCUIT COUTTT OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA IN NIAP BOO AT PAG WHERrAS, it appearing by affidavit that proper notice has been given by Charles E. and Joan F. Lee and Michael N. and Kay 11. Chesson, that it would make application to the Council of the City of Virginia Beach, Virginia on 1978, to have the hereinafter described street discontinued, closed, and vacated; and WIIEREAS, it is the judgment of the Council that said street to be discontinued, closed, and vacated; N014 TIIEREFORE, SECTION I BE IT ORDAIITED by the Council of the City of Virginia Beach, Virginia that the hereinafter described street be discontinued, closed, an@' vacated: All that parcel of property be@inning at a point, located at the Southiqest corner of Lot 108, Section One--Homestead--in the City of Virginia Beach (Beino o@,,ned by Charles E. and Joan F. Lee) and continuin@ fron said point of be@innin@, runnin@, alon@ the 1. -036100"W Southernmost boundard of said Hillview Boulevard -orth S4 a distance of 60.25 feet to a point; being on the East boundary line of Lot 107, Section One--Homestead--in the City of Virg4-p.7@,a Beach (Bein@, oi@.-ned by @lichael '@i. and Kay 11. Chesson) ; and tlience North 5034'16"E, a distance of 35.00 feet to a point; and thence South 99036'00"E a distance of 60.25 feet to a noint; and thence West boundary line of Lot 108, Section One--liomestead--and thence South 5034'16"'.1 a distance of 35.00 feet to tlie point of beginning ..,(such propertv described comprises .048 acres). Said parcel of land being a portion of Hillview Boulevard as indicated on that certain plat of propertv to be vacated alon-. existlng Ilillvie@4 Boulevard for Charles E. and Joan F. tee and Ilichael N. and Kay H. Chesson which pl.at is recorded in tlie Clerk's Office of the Circuit Court of the City of Virginia Reacii, Virginia, in Itap Book at page and which is made a part hereof by reference. SECTIO:l 11 Tiiis Or(tcr stiill be in affect from tlie date of Its passage. 1 4 - 0- ..ti.. by M.C.Y, .@@..d.d by C... @il ... @. Ob@,.d.@f, ..d by @@@.@d.d .t, Ay@@: C ... @il... J.h. A. B..., R.b@,t B. C' ... @ll, J@., G@.19@ R. J.h. R. G@iffi-, M.Y-@ A. H.1l..d, J. H@.@y M@C@,, J@., C ... M@y@@. E. Ob@@.d.@f, J. C.@ti@ P-Y.@, R.g.@ L. Rigg., Vi@@ M.y.@ P.t@i@k L. St..di.g, ..d Fl.yd E. W.,@@fi@ld, J,. N.y.: N... Ab.@.t: N... CitY C..-@il V.t@d @ @p,,.v@ th6 f.1l..i.g t.. @.f@.d@ i. th@ ..... t .f $593.89: Totali 25 TAX TYPE TICKET EXONE@K- D.1,7, YFAR OF TAX ',,'@LBER TIOIT N'O. P.IID PE,'TALTY INT. TOTAL 1. L. & L. V. Allen 1978 CD 144251 1-10-78 1.75 Miles Lab. Inc. 1978 CD 76908 1-30-78 15.00 Harry J. Eward 1978 CD 113905 1-10-78 7.5G Joseph J. Miller 1978 CD 133760 2-1-78 7.50 Kendal,l J. Chapman 1978 @D 11145 1-6-78 7.50 H. Highton 1978 CD 64310 1-18-78 -7.50 64311 7. 5'0 Martha-I. Peele 1978 CD 15788 I--13-7a 7.50 Ben .foid N. Blanks 1978 dD 115127 1-11-78 7.50 Steven J. Prescott 1978 CD 28730 1-13-78 7,511@ Richard Krahenbill 1978 CD 134940 2-9-78 7.50 William P. Hendricks 1978 CD 63433 1-19-78 7.50. Robert Paui 1978 CD 117173 1-12-78 7.'O Mary 0. Barber 1978 CD 122483 1-27-78 7.50 Marjorie A. Galeota 1978 CD 3450 1-24-78 7.50 Nicholas C. Spangler 1978 CD 20785 1-18-78 7.50 Paul.E. Cowan 1978 CD 73633 1-27-78 7.50 K. Thompson 1978 D 10245 1-6-78 7.50 ele J. Testa 1978 CD 23835 1-5-78 7.50 The bo@e ab.t .... t(s) t.t.li-9 we@. ppr ... d by th. C..@.ii f th. City f V@gi.i. B..@h .. th. - d.y f Ri.h.rd J. W.bb.n, City Cl@@k App 1 5 - AN O@Wlt,/U@CL ALITIIOI@fZj,'.'C T@K I(Eru@'.'J)S Date 6@7-78 VPO.N' APPI.TCATIO,; OF Cl:izl'ATtl PEPSO'@'s A.h'D UPON CEI@Tlr-ICATIO.4 of., Tilf.: a,pEtsu,-7R FOR PilYt-[ENT BE XT OIZDAI"ED BY TIIE COUXCIL OF TEIE CITY OF VIRGINEA BEACH, VIRGINIA: Thit the following applicatioas for tax re"Unds upoz certificat'loa of the Treasurer are hereby approved: 9,.64 TAX TYPE TICKET EXONER-K- DA---@- YEAP, OF TAX T\U@LBER TIO'; ';0. PIT -,-D "ENALTY INT. TOTAL argaret W. Crooks 1978 CD 40781 2-15-78 7-.50 Joseph W. Werling .1978 CD 84875 5-4-78 7.50 N. & B. A. Hewitt 1978 CD 85489 5-30-78 15.00 enry & F. Ernst Jr. 1978 CD 29351 1-17-78 7.50 A. Clifford 1978 @CD 64651 1-18-78 7.@ de M. Merritt 1978 CD 55751 1-11-78 .7.50 ry-Laderberg 1978 CD 16700 1-12-78 7.50- ith-, H. D. & M. H. 1976 PP 78250 5-28-76 64.8Q es,'Jerri C. 1977 PP 105076 5-16-78 64.5.1-- ignor, Gene H. 1977 PP 106658 :7- 11-7-77 15.90 rofessional Center 1978 RE/2 52435 5-18-78 10.88 1977 REI 50928 6-10-77 5.56* 50929 37 74 50930 -8. 27 1976 RE1/2 49168 6-3-76 5.44 RE2/2 12-5-76 5.44 RE1/2 49169 6-3-76 37.31 RE2/2 12-5-76 37.31 RE1/2 49170 6-3-76 8.18 RE2/2 12-5-76 8.18 1975 RE1/2 46934 6-10-75 3.38 RE2/2 12-5-75 3.38 RE1/2 46935 6-10-75 28.25 RE2/2 12-5-75 28.25 RE1/2 4'0936 6-10-75 8.46, RE2/2 12-5-75 8.46 The above abate-,meat(s) total!-ng were approved by tO payment; the Council of the City o.@ Virginia Beach on the _ day of iLpprove form: Richard J. Webbon, City Clerk @ IL ill It i /-)14 - 1 6 - Mr. Donald Merrick, Councilman-Elect, appeared in opposition 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, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on first reading the following ordinance to appropriate funds for the purchase of equipment for a@t Garage Equipment Pool: AN ORDINANCE TO APPROPRIATE FUNDS FOR THE PURCHASE OF EQUIPMENT FOR A CITY GARARE EQUIPMENT POOL it is necessary to and repair pavement cuts when connecting utilities, and it has been determiued to be most feasible to use Public WOrks CETA emPlOyees to perform this fimctiou, and CETA f-ds may be used to lease anY equi pment necessary for CETA -ployees to perform their functions, and WHEREAS, it Ls permissable by CETA for equipment to be leased by one city ag-cy from another city agency provided that the rates charged are comparable to rates charged by local outside ageucies, NOW, THERHFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 'VIRGINIA BEACH: That funds-in the amotmt of $120,000 be appropriated from General Balance to the City Garage Working Capital Fund for the purchase of the necessary equipment. BE IT FURTHER ORDAINED that the equipment be leased to city agencies at rates listed as follows (excluding gas, grease and oil): 4 Dump Trucks $ 802 - Month/Each 2 Backhoe/Loaders 1,000 -Month/Each 2 One Ton Rollers with Trailers 300 -Month/Each 2 Trailers for Backhoe/Loaders 250 -Month/Each 2 Air Compressors 250 MDnth/Each First Reading: June 11, 1118 Second Reading'. .,.Ad,opte4. by @he Co.tmcil of the Ct@y qf Virginia Beach the day of 1978. 6/lgj - 1 7 - ITEM #12315 The following appeared regarding this matter: Mr. Robert DeFord, Chairman of the Virginia Beach School Board, appeared in favor of this request. Mr. Donald W. Merrick, Councilman-Elect Mr. Al Balko, Chairman of the Great Neck Association of Civic Leagues, appeared in favor of this request Mr. Maurry Riganto, appeared in favor of this request. On motion by Councilman Griffin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution authorizing the City Manager and City Clerk to execute a certain agreement relating to the purchase of certain property from Broad Bay Manor, Incorporated: 6/19/78 -18 - The regular meeting of the Council of the CitY of Virginia Beach, Virginia, was held in the Council Chambers of the Administra- tion Building on the 19 day of J,,me 1978 On motion by Counci@ Griffin and se4zonded by Counci@ Waterfield the tollowi g Resolution was adopted., A RESOLUTION AUTHORIZIWG THE CITY MANAGER AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT RELATING TO THE PURCHASE OF CERTAIN PROPERTY FROM BROAD BAY MANOR, INCORPORATED BE 3:T RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA @CH, VIRGINIA: That the City Manager and the City Clerk are hereby authorized to execute an agreement, a copy of which is attached be.reto relating to an op@ion and agreement (Draft, Option - June 7, 1978 - Agreement - June 14, 1978) respectively set forth as Exhibit A and Exhibit B, copies of which are filed with the minutes of this days meeting. Certi.@ied to be atrue excerpt fran the minutes of the City Council of the City of Virginia Beach, Virginia, approved June 19, 1978 Diane M. Hi Deputy City Clerk ADOPTED by the Council of the City of Virginia Beach, Virginia, this 19 day of June 1978 APPROVED: Mayor ATTEST: City clerk ITEM #12316 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, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution authorizing and directing the City Manager to request funding assistance from the appropriate State and Federal agencies to permit the formulation, approval, and funding for the acquisition and development of park facilities on certain lands within the Great Neck area of the City of Virginia Beach: The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building on the 19 day of June , 1978. On motion by Councilman Griffin and seconded by Councilman Ferrell, the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the Land and Water Conservation Fund Act of 1965, as amended, provides funding assistance to the States and their political subdivisions to acquire and develop park and recreational areas, and WHEREAS, the City of Virginia Beach desires to request such funding assistance for the acquisition and development of park facilities on certain lands within the Great Neck area of our City, and WHEREAS, the Virginia Commission of Outdoor Recreation and the Heritage, Conservation and Recreation Service, U. S. Department of Interior, provides grant assistance for the acquisition of park facilities under the subject act at fifty percentum of the approved project, and WHEREAS, the acquisition of the subject park facility is anticipated to cost an estimated $ 803,340.00 of which funding at fifty percentum is requested under the subject act: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to cause such information or materials as may be necessary to be provided to the appropriate State and Federal agencies to permit the formulation, approval, and funding of this park acquisition project. AND, BE IT FURTHER RESOLVED, that the Council of the City of Virginia Beach gives its assurance that the funds needed as the City's proportionate share of the project will be provided. - 2 U - ITEM #12317 COUNCILMAN CROMWELL LEFT CIIAMBERS Petition by Motion of the Planning Commission of the City of Virginia Beach @for a Change of Zoning District Classification from R-8 Residential District to AG-1 Agricultural District to correct a surveyor's error which has been carried over from previous years on certain property located on the South side of London Bridge Road beginning at a point 2850 feet more or less East of Shipps Corner Road, runhing a distance of 200 feet along the South side of London Bridge Road, running a distance of 490 feet in a Southwesterly direction, running a distance of 150 feet in a Northwesterly direction, running a distance of 700 feet in a Southwesterly direction, running a distance of 340 feet in a Northwesterly direction, running a distance of 710 feet in a Northeasterly direction, running a distance of 160 feet in a Southeasterly direction and running a distance of 500 feet in a Northeasterly direction. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to aodrove this request. On motion by Councilman Payne, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Ilayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council voted to approve the following ordinance upon petition by Motion of the Planning Commission of the City of Virginia Beach for a Change of Zoning District Classification from R-8 Residential District to AG-1 Agricultural District to correct a surveyor's error which has been carried over from previous years: ORDINANCE UPON PETITION BY MOTION OF THE PLANNTNG Z0678357 COMMISSION OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSLFICATION from R-8 Residential District TO AG-1 Agricultural District to correct a surveyor's error which has been carried over from previous years. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition by Motion of the Planning Commission of the City of Virginia Beach for a Change of Zoning District Classification from R-8 Residential District to AG-1 Agricultural District to correct a surveyor's error which has been carried over from previous years on certain property lo- cated on the South side of London Bridge Road beginning at a point 2850 feet more or less East of Shipps Corner Road, running a distance of 200 feet along the South side of London Bridge Road, running a distance of 490 feet in a Southwesterly direction, running a distance of 150 feet in a Northwesterly direction, running a distance of 700 feet in a South- westerly direction, running a distance of 340 feet in a Northwesterly direction, running a distance of 710 feet in a Northeasterly direction and running a distance of 160 feet in a Southeasterly direction and runn- ing a distance of 500 feet in a Northeasterly direction. Plats with more detailed information are available in the Department of Planning. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of June 1 1978. 6/19/7 -21- ITEM #12318 COUNCILMAN CROMWELL LEFT CHAMBERS Petition by Motion of the Planning Commission of the City of Virginia Beach @or a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District to correct a surveyor's error which has been carried over from previous years on certain property located on the South side of London Bridge Road beginning at a point 3050 feet more or less East of Shipps Corner Road, running a distance of 190 feet more or less along the South side of London Bridge Road, running a distance of 460 feet in a Southwesterly direction, running a distance of 150 feet in a Northwesterly direction and running a distance of 485 feet more or less in a Northeasterly direction. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. On motion by Councilman Payne, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays, None Absent: None City Council voted to approve the following ordinance upon petition by Motion of the Planning Commission of the City of Virginia Beach for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential Dist act to correct a surveyor's error which has been carried over from previous years: ORDINANCE UPON PETITION BY MOTION OF THE PLANNING Z0678358 COMMISSION OF THE CITY OF VTRGINIA BEACII FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District TO R-8 Residential District to correct a surveyor's error which has been carried over from previous years. BE IT ORDAINED BY TIIE COUNCIL OF TliE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition by Motion of the Planning Commission of the City of Virginia Beach for a Change of in District Classification from AG-1 Agricultural District to R-8 Residential District to correct a surveyor's error which has been carried over from previous years on certain property located on the South side of London Bridge Road beginning at a point 3050 feet more or less East of Shipps Corner Road, running a distance of 190 feet more or less along the South side of London Bridge Road, running a distance of 460 feet in a Southwesterly direction, running a distance of 150 feet in a Northwesterly direction and running a distance of 485 feet more or less in a Northeasterly direction. Plats with more detailed in- formation are available in the Department of Planning. Princess Anne Borough. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, - 2 2 - ITEM #12319 COUNCILMAN CROMWELL LEFT CHAMBERS Petition by Motion of the Planning Commissioh of the City of Virginia Beach for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District to Correct a surveyor's error which has been carried over from previous years on certain property located 490 feet South of London Bridge Road beginning at a point 3360 feet more or less East of Shipps Corner Road, running a distance of 200 feet in a Southeasterly direction, running a distance of 3ICi--feet in a Southwesterly direction, running a distance of 610 feet more or less in a Southerly direction, running a distance of 410 feet in a Northwesterly direction, running a distance of 200 feet in a Northeasterly direction, running a distance of 60 feet in a Southeasterly direction and running a distance of 830 feet more or less in a Northeasterly direction. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. on otion by Councilman Payne, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council voted to approve the following ordinance upon petition by motion of the Planning Commission of the City of Virginia Beach for a Change of Zoning District Classification from AG-1 Agricultural Distri'ct to R@8 Residential District to correct a surveyor's error which has been carried over from previous years: ORDINANCE UPON PETITION BY l@IOTIO'q OF THE PLANNIlic Z0678359 COMMISSION OF TIIE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District TO R-8 Residential District to correct a surveyor's error which has been carried over from previous years. BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition by Motion of the Planning Commission of the City of Virginia Beach for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District to correct a surveyor's error which has been carried over from previous years on certain property located 490 feet South of London Bridge Road beginning at a point 3360 feet more or less East of Shipps Corner Road, running a distance of 200 feet in a Southeasterly direction, running a distance of 310 feet in a Southwesterly direction, running a distance of 610 feet more or less in a Southerly direction, running a distance of 410 feet in a Northwesterly direction, running a distance of 200 feet in a Northeasterly direction, running a distance of 60 feet in a Southeasterly direction and running a distance of 830 feet more or less in a Northeasterly direction. Plats with more detailed inforrnation are available in the Department of Planning. Princess Anne Borough. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of June 1978. 6 1 1 9 / 7 8 ITEM #123 COUNCILMAN CROMWELL RETURIIED TO CHAMBERS Application of George S. and Alma V.Johnson for a Conditional Use Permit for a duplex on certain property located on the South ide of Indian River nt 1010 feet more or less East of Princess Anne Road beginning at a pol a e of 15 feet along the South side of Indian River Road, running a dist nc stern property line, Road, running a distance of 1376.80 feet along the Ea running a distance of 573-60 feet in a Northwesterly direction, running a distance of 428.67 feet in a Northeasterly direction, running a distance of 379.46 feet in a Southeasterly direction and running a distance of 828 feet in a Northerly direction. Said parcel contains 5.001 acres. PUNGO BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request, subject to the following conditions: 1. Standard improvements as required by the Site Plan Ordinance. 2. Soil evaluation indicates a minimum of 3 acres will be necessary for septic tank approval. Mrs. Alma V. Johnson appeared in favor of this petition. 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, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for one week the above application of George S. and Alma V. Johnson for a Conditional Use Permit for a duplex on certain property located o the Soith @id. f Indian River Road beginning at a point 1010 feet more or less East of Princess Anne Road, running a distance of 15 feet along the South side of Indian River Road, running a distance of 1376.80 feet along the Eastern property line, running a distance of 573.60 feet in a Northwesterly direction, running a distance of 428.67 feet in a Northeasterly direction, running a distance of 379.46 feet in a Southeasterly direction and running a distance of 828 feet in a Northerly direction. Said parcel contains 5.001 acres. Pungo orou h. 2 4 - ITEM #12321 VICE MAYOR STANDTNG LEFT CHAMBERS Application of Dennis A. Harrison for a Conditional Use Permit for a private recreational area for a building for the storage of boats on certain property beginning at a point 2904 feet more or less East of Princess Anne Road, running a distance of 100 feet along the South side of Public Landing Road, running a distance of 125 feet along the Western property line, running a distance of 54.75 feet in a Southeasterly direc- tion, running a distance of 63 feet along the Southern property line and running a distance of 155.4 feet along the Eastern property line. Said parcel contains 0.3 acre. (Back Bay Area). PUNGO BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request, subject to the following conditions: 1. Standard improvements as required by the Site Plan Ordinance, in keeping with the nature of the site. 2. A dedication of right-of-way 25 feet from the centerline of the existing 40 foot right-of-way along the 100 foot frontage on Public Landing Road (a 5 foot dedication). Mr. Dennis A. Harrison appeared in favor 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, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to adopt tlie following resolution upon application of Dennis A. Harrison for a Conditional Use Permit for a private rec- reational area for a building for the stor-age of boats: RESOLUT10N UPON APPLICATION OF DENNIS A. HARRISON R0678189 FOR A CONDTTIONAL USE PERMIT FOR A private recrea- tional area for the building for the storage of boats BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Dennis A. Harrison for a Conditional Use Permit for a private recreational area for a building-for the storage of boats on certain property beginning at a point 2904 feet more or less East of Princess Anne Road, running a distance of 100 feet along the South side of Public Landing Road, running a distance of 125 feet along the Western property line, running a distance of 54.75 feet in a South- easterly direction, running a distance of 63 feet along the Southern property line and running a distance of 155.4 feet along the Eastern property line. Said parcel contains 0.3 acre. (Back Bay Area). Pungo Borough Approval of this request is subject to the following conditions: 1. Standard improvements as required by the Site Plan Ordinance, in keeping with the nature of the site. 2. A dedication of right-of-way 25 feet from the center- line of the existing 40 foot right-of-way along the 100 foot frontage on Public Landing Road (a five foot dedication). This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, VICE MAYOR STANDING RETURNED TO CHAMBERS Application of Robert C. O'Neal for a Conditional Use Permit to operate a bicycle rental on certain property located at the ortheast corner of 24th Street and Atlantic Avenue on property of the Holiday Inn. Said parcel is 30 feet by 41 feet. VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request, subject to the following condition: 1. Compliance with Article 2, Section 225 of the Comprehensive Zoning Ordinance pertaining to Bicycle Rental Establishments. Ms. Melanie Hill represented the appliant On motion by Councilman Riggs, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution upon application of Robert C. O'Neal for a Conditional Use Permit to operate a bicycle rental: RESOLUTION UPON APPLICATION OF ROBERT C. O'NEAL R0678190 FOR A CONDITIONAL USE PERMIT TO OPERATE A bicycle rental. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Robert C. O'Neal for a Conditional Use Permit to operate a bicycle rental on certain proper cat@d a th- North- east corner of 24th Street and Atlantic Avenue on property of the Holiday Inn. Said parcel is 30 feet by 41 feet. Virginia Beach Borough. Approval of this request is subject to the following conditions: 1. Compliance with Article 2, Section 225 of the Comprehensive Zoning Ordinance pertaining to Bicycle Rental Establishments. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 day of June 1978. 6 / 1 9 / 7 8 -Zb- ITEM #12323 Application of American Oil Company fOr a ConditiOnal Use eerm,, self-service gasoline service station on certain property located at the Southeast intersection of Laskin Road and First Colonial Road, running a distance of 132.23 feet along the South side of Laskin Road, running a distance of 150.03 feet along t@.e Eastern property line, running a distance of 156.48 feet along the Southern property line, running a distance of 126.48 feet along the East side of First Colonial Road and running around a curve a distance of 37.81 feet. Said parcel contains .53 acre. LYNNHAVEN BOROUGH. Planning Commission Recomendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request, subject to the following conditions; 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 First Colonial Road, provided each is a maximum of 24 feet in width and marked appropriately for in-only and out-only traffic. M@. Ii. C@l@i. Sp.i., Att.@..Y, @@pr..@.t@d th. @ppli,@.t 0. ..ti.. by C.@.cil... G@iffi., .@@..d@d by C...@il... B..., @.d by @e..@d.d @.t@ .. f.1l...: Aye.: C...@il... J.h. A. B..., R.b@@t B. C@ ... @ll, J,., G... ge R. F.@@ell, J.h. R. G@if f i., M@y.@ A. 11.11.@d, J. H@.@, M.C.y, j@., .... @ M@y.@. E. Ob@@.d.,f, J. C@,ti@ P@y,@, R.g@, L. Rigg. , Vi @@ M.Y. @ P@t @i@k L . S L..di. .@d Fl.yd E . 14@@ t@ f i. ld , J, N.y. : N..@ Ab.@.t: N.@. City C ... @il v.t@d 1. d.p@ Ih@ f.1l..i@g .f A.e@i@.. Oil C..P..y f.@ @ C.@di,i.@@l U@L@ P.,.it f.@ ..@,i,e RESOLUTION UPON APPLICATION OF AMEITICAN OIL COMPANY 7b'l FOR A CONDITIONAL USE PERMIT FOR A g..Oli@@ .@ -i@@ t.tio. BE IT RESOLVED BY TiiE COUNCII, OF THE CITY OF VIRGINIA BEACii, VIRGINIA, ti,.L: Appli@.ti.. of Oil Co.p@-y f.@ . C.@diti ... I U.@ P@@.it f.@ g... ii.. @t.ti.. .. p@.p@lty 1.@.t.d .L th. S..th@..t f L.@ki@ R.@d .@d Fi@@t C.l.@i.1 R..,d, .... i.g . di.t..@@ @f 132.23 f@@t I..g th@ So@th @id@ of L.ski. R..d, ... i.g . di.t..@@ f 150.03 f,@@ I..g @h@ E.It@'. p,.p@rty li@@, @...i.g . di.t..c@ f 156.48 f@@t .1..g th@ So@th@,. p,.p@lty li@@, ... i.g . di.t@.c@ f 126.48 f@,@t .1..g th@ E@.t @id@ f Fil.t C.I..i.], R..d ..d ... i.g ... d @ @.@v@ . di@t ... @ f 37.81 f@@t. S.id p.@c@l .53 Ly..I,@@.. B.,..gh App@.@@l f thi. @q.@@t i., .@bj,@L t. @h@ f.ilo.i.g 1. St.@d.@d @@q.i@@d by Ih@ Si@ Pl@. 0 @d i.@. @@ . 2. City @.d 3 itt, A,Li@l@ 2, S@@Li.@, 224 of tl,@ Zo.i@g O@di.... @ p.@t.i@i.g t. A.t ... bil@ S@ -i@@ Sl@ti.... 4. T.. @@@b @.t. @@. t. be .1l..@d .. Fi@@t C.l.@i.1 R..d, p@.@id@d ..@h 1. . ...i ... of 24 f@.t i. idtb .,,d ..@k@d .Pp@op@i.t@ly f.@ i.-O.1y ..d o.t-@@ly t,@ffi.. 5. P,.@id@ p@bli@ f.@ @..t ... Thi. h.11 b@ @ffe@tiv@ p.. d.t@ f @d.pti... Adopt@d by th@ C... cil f th@ City of Vilgi.i@ B.@@h, Vi@g, th. 19 d.y f J..@ , 1978. 6/19/78 - i - ITEM #12324 @pplication of Emmanuel Tabernacle Church for a Conditional Use Permit for a church on certain property located at the sect on Morrison Avenue and the Norfolk-Virginia of distance of 308.88 feet along the Beach Expressway, running a distance of 290 feet West side of t rrison Avenue, running a along the Northern property line, running a distance of 100 feet along the Western property line and unning a distance of 360 feet along the North side of the Norfolk-Virginia Beach Expressway. Said parcel contains 1.36 acres. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request, subject to the following conditions: 1. Standard improvernents as required by the Site Plan Ordinance. 2. City water and sewer. 3. A dedication of right-of-way 25 feet from the centerline of the existing 40 foot right-of-way along the 100 foot frontage an Bassett Avenue (a 5 foot dedication). 4. A dedication of right-of-way 25 feet from the centerline of the existing 40 foot right-of-way along the 308.88 foot frontage on Morrison Avenue (a 5 foot dedication). 5. Improvements will be necessary along both Morri-son Avenue and Bassett Avenue; this includes pavement widening, curb and gutter sidewalk, and drainage facilities. 6. Parking at a minimum of I space per 5 seats or bench seating spaces in the main auditorium. 7. ApProval of a variance to the minimum lot area requirements -@f 3 acres for churches. 6 1 97 8 veryltru]Y Yours, 1--@ Lieijtenant J. W. Dyer represented the applicant -28- 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, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution upon application Of Emmanuel Tabernacle Church for a Conditional Use Permit for a church: RESOLUTION UPON APPLICATION OF EMMANUEL TABERNACLE R0678191 CHURCH FOR A CONDITIONAL USE PERMIT FOR a church. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Emmanuel Tabernacle Church for a Conditional Use Permit for a church on certain property located at the Northwest inte-rse-ction of Morrison Avenue and the Norfolk-Virginia Beach Expressway, running a distance of 308.88 feet along the West side of Morrison Avenue, running a distance of 290 feet along the Northern property line, running a dis- tance of 100 feet along the Western property line and running a distance of 360 feet along the North side of the Norfolk-Virginia Beach Expressway. Said Parcel contains 1.36 acres. Lynnhaven Borough Approval of this request is subject to the following conditions: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A dedication of right-of-way 25 feet from the center- line of the existing 40 foot right-of-way along the 100 foot frontage on Bassett Avenue (a 5 foot dedication). 4. A dedication of right-of-way 25 feet from the center- line of the existing 40 foot right-of-way along the 308.88 foot frontage on Morrison Avenue (a five-foot dedication) 5. Improvements will be necessary along both Morrison Avenue and Bassett Avenue; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 6. Parking at a minimum of I space per 5 seats or bench seating spaces in the main auditorium. 7. Approval of a variance to the minimum lot area require- ments of 3 acres for churches. 8. If the church does develop a parking problem, it will be necessary to acquire additional property for parking. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 day of June , 1978. 6/19/78 - z 9 - ITEM #12325 Application of Lyle T. Smith for a Cond,itional Use Permit for a fu I 1- service gasoline service station on certain property located at the .Southwest intersection of Princess Anne Road and Corner Road, running a distance of 299.92 feet along the West side of Princess Anne Road, running a distance of 162.88 feet in a Southwesterly direction, running a distance of 153 feet in a Northwesterly direction, running a distance of 225 feet in a Southwesterly direction, running a distance of 132.01 feet along the East side of Salem Road and running a distance of 253.94 feet along the South side of Corner Road. Said parcel contains 6.74 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request, subject to the following conditions: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water, sewer must be arranged through the Navy Housing project across Princess Anne Road. 3. Improvements along Princess Anne, Salem, and Corner Roads; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 4. A dedication of right-of-way 40 feet from the centerline of the existing 50 foot right-of-way and a reservation of an additional 5 feet along the 299.92 foot frontage on Princess Anne Road (a 15 foot dedication and a 5 foot reservation). 5. A dedication of right-of-way 30 feet from the centerline of -the existing 30 foot right-of-way and a reservation of an additional 15 feet along the 132.01 foot frontage on Salem Road (a 15-foot dedication and a 15 foot reservation). 6. A variable right-of-way reservation along the southern portion of this site for the future False Cape Parkway interchange. 7. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 8. One curb cut with a maximum width of 35 feet is to, be allowed on Corner Road. 9. Two curb cuts are to be allowed on Princess Anne Road, provided each is a maximum of 24 feet in width and marked appropriately for in-only and out-only traffic. 10. A revised site plan indicating the improvements associated with this proposed use. 11. The use permit is to cover only that area totaling approximately 1.14 acres not included in necessary right-of-way for proposed interchange at Salem Road. 61 1 9 7 8 Mr. I.yle T. Smith represented the applicant -30- Mr. Dwight P. Jones appeared in opposition. 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, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution upon application of Lyle T. Smith for a Conditional Use Permit for a full-service gasoline service station: RESOLUTION UPON APPLICATION OF LYLE T. SMITH FOR R0678192 A CONDIT10NAL USE PERMIT FOR A full-service gasoline service station. BE IT RESOLVED BY THE COUNCTL OF THE CITY OF VTRGINIA BEACH, VIRGTNIA, that: Application of Lyle T. Smith for a Conditional Use Permit for a full- service gasoline service station on certain property located at the Southwest intersection of Princess Anne Road and Corner Road, running a distance of 299.92 feet along the West side of Princess Anne Road, running a distance of 162.88 feet in a Southwesterly direction, running a distance of 153 feet in a Northwesterly direction, running a distance of 225 feet in a Southwesterly direction, running a distance of 132.01 feet along the East side of Salem Road and running a distance of 253.94 feet along the South side of Corner Road. Said parcel contains 6.74 acres. Kempsville Borough Approval is subject to the following conditions: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water, sewer must be arranged through the Navy Housing project across Princess Anne Road. 3. Improvements along Princess Anne, Salem, and Corner Roads: this includes pavement widening, curb and gutter, sidewalk and drainage facilities. 4. A 15-foot dedication and a 5-foot reservation along the 150 foot fronting on Princess Anne Road. 5. A variable right-of-way reservation along the Southern portion of this site for the future False Cape Parkway interchange. 6. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 7. One curb cut with a maximum width of 35 feet is to be allowed on Corner Road. 8. Two curb cuts are to be allowed on Princess Anne Road, provided each is a maximum of 24 feet in width and marked appropriately for in-only and out-only traffic. 9. A revised site plan indicating the improvements associated with this proposed use. 6/19/78 - 3 1 - 10. The use permit is to cover only that area totaling approximately 1.14 acres not included in necessary right-of-way for proposed interchange at Salem Road. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of ilune 1 1978. 6/19/78 - 3 2 - ITEM #12326 Application of Li'l Shopper, Inc., for a Conditional Use Permit for a gasoline service station and convenience stol operty located on the North side of Shore Drive beginning at a point 316 feet East of Pleasure House Road, running a distance of 150 feet along the North side of Shore Drive, running a distance of 216.44 feet along the Eastern property line, running a distance of 150 feet along the Northern property line (South side of Hollis Road) and running a distance of 236.21 feet along the Western property line. Said parcel contains .61 acre. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 9 for the motion and 3 against to approve this request, subject to the following conditions: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Improvements along Shore Drive, which includes pavement widening, curb and gutter, sidewalk and drainage facilities. 4. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 5. A dedication of right-of-way 25 feet from the centerline o@@ the existing 30 foot right-of-way along the 150 foot frontage on Hollis Road (a 10 foot dedication). Very truly yours, X,4 6,/ 1 97 8 Mr. Andrew Heatwole represented the applicant -33- On motion by Vice Mayor Standing, seconded by Councilman Baum, 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, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilman Robert B. Cromwell, Jr., and Mayor Clarence A. Holland Absent: None City Council voted to adopt the following resolution upon application of Li'l Shopper, Inc., for a Conditional Use Permit for a gasoline service station and convenience tre. RESOLUTION UPON APPLICATION OF LT'L SHOPPER, INC., Ro678193 FOR A CONDITIONAL USE PERMIT FOR A gasoline service station and convenience store. BE IT RESOLVED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Li'l Shopper, Inc., for a Conditional Use Permit for a gasoline service station and convenience tore on cer ain property lo- cated on the North side of Shore Drive beginning at a point 316 feet East of Pleasure House Road, running a distance of 150 feet along the North side of Shore Drive, running a distance of 216.44 feet along the Eastern property line, running a distance of 150 feet along the Northern property line (South of Hollis Road) and running a distance of 236.21 feet along the Western property line. Said parcel contains .61 acre. Bayside Borough. Approval of this request is subject to the following conditions: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Improvements along Shore Drive, which includes pavement widening, curb and gutter, sidewalk and drainage facilities. 4. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 5. A dedication of right-of-way 25 feet from the centerline of the existing 30 foot right-of-way along the 150 foot frontage on Hollis Road (a 10-foot dedication). This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of June 1978. 6 / 1 9 / 7 8 - 3 4 - ITEM #12327 ,Petition of Hermitage Townhouse Associates for a Change of Zoninq District Classification from R-5 Residential District tT-B-2 Community-Business District on certain property located on the East side of Providence Road beginning at a point 353.44 feet South of Princess Anne Road, running a distance of 492.70 feet along the East side of Providence Road, running a distance of 904.16 feet along the Southern property line, running a distance of 682.76 feet along the Eastern property line and running a distance of 739.77 feet along the Northern property line. Said parcel contains 11.949 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 11 for the motion and 1 against to deny this request. It was felt that the proposed zoning is inappropriate for this site given the surrounding land use pattern and existing level of available services. Mr. Grover C. Wright, Jr., Attorney, represented the petitioner The following appeared/telephoned their opposition. Mr. W. R. Inge Mr. R. E. Chapman Mr. R. J. Amundson Mrs. Gersh On motion by Vice Mayor Standing, seconded by Councilwoman Oberndorf, 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: Mayor Clarence A. Holland, and Councilman Floyd E. Waterfield, Jr. Abstain: Councilman Robert B. Cromwell, Jr. Absent: None City Council voted to deny the above petition of of Hermitage Town- house Associates for a Change of Zoning District Classification from R-5 Residential District to B-2 Community-Business District on certain property located on the East side of Providence Road beginning at a point 353.44 feet South of Princess Anne Road, running a distance of 492.70 feet along the East side of Providence Road, running a distance 904.16 feet along the Southern property line, running a distance of 682.76 feet along the Eastern property line and running a distance of 739.77 feet along the Northern property line. Said parcel contains 11.949 acres. Kempsville Borough. This was denied as it was felt that the proposed zoning is inappropriate for this site given the surrounding land use pattern and existing level of available services. 6 / 1 9 / 7 8 . 3 5 - ITEM #12328 Petition of Carlton E. and Josephine Coppersmith for a Chanqe of Zoning i)istrict Classification from R-5 Residential District to -1 office Dis- trict on ertain property located at the Southeast intersection of Kemp- sville Road and Providence Road, running a distance of 187.83 feet along the East side of Kempsville Road, running a distance of 107.14 feet along the Southern property line, running a distance of 187.83 feet along the Eastern property line and running a distance of 107.14 feet along the South side of Providence Road. Said parcel contains .462 acre. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to deny this request. It was felt that the proposed zoning would initiate and promote a non-residential strip development pattern along Providence Road. In addition, conditions have not changed since this petition was last considered and denied. Mr. Grover C. Wright, Jr., Attorney, represented the petitioner, and requested withdrawal of this petition The following appeared in opposition: Mr. W. R. Inge Mrs. D. B. Pool 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, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the withdrawal of the above petition of Carlton E. and Josephine Coppersmith for a n e of in Dis- trict Classification from R-5 Residential District to 0-1 Office District on certain property located at the Southeast intersection of Kempsville Road and Providence Road, running a distance of 187.83 feet along the East side of Kempsville Road, running a distance of 107.14 feet along the Southern property line, running a distance of 187.83 feet along the Eastern property line and running a distance of 107.14 feet along the South side of Providence Road. Said parcel contains .462 acre. Kempsville Borough. 6/19/78 3 6 - ITEM #12329 g ees of Petition of Robert W. Waddell, M.D., and Grover C. Wri ht, Jr., Trust Virginia Beach Orthopedic Association ' for a Chanqe of Zoninq District Classification from R-5 Residential District @. 0-i 6ffice Dstrict n certain property located on the South side of Old Donation Parkway begin- ning at a point 1049.26 feet West of First Colonial Road, running a distance of 481.91 feet along the Eastern property line, running a distance of 745.93 feet along the Southern property line and running a distance of 813.73 feet along the Northern property line of which 739.31 feet is the South side of Old Donation Parkway. said parcel contains 3.553 acres. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to deny this request. Old Donation Parkway is designed to be utilized as a residential arterial and, therefore, both office and com- mercial uses would not be compatible with this intention. Mr. Grover C. Wright, Jr., Attorney, represented the petitioner The following appeared in opposition: Mr. R. J. Dickers Mr. A. W. Balko On motion by Councilman Griffin, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen 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: Councilmen John A. Baum, Robert B. Cromwell, Jr., Mayor Clarence A. Holland, and Floyd E. Waterfield, Jr. Absent: None City Council voted to deny the above petition of Robert W. Waddell, M.D., and Grover C. Wright, Jr., Trustees of Virginia Beach Orthopedic Association, for a n e of Zoning District Classification from R-5 Residential District to 0-1 Office District on certain property located on the South side of Old Donation Parkway beginning at a point 1049.26 feet West of First Colonial Road, running a distance of 481.91 feet along the Eastern property line, running a distance of 745.93 feet along the Southern property line and running a distance of 813.73 feet along the Northern property line of which 739.31 feet is the South side of Old Donation Parkway. Said parcel contains 3.553 acres. Lynnhaven Borough. This was denied as it was felt that Old Donation Parkway is designed to be utilized as a residential arterial and, therefore, both office and commercial uses would not be compatible with this intention. 6 / 1 9 / 7 8 - 3 7 - ITEM #12330 Mr. Frank Butler appeared before Council to appeal the enforcement of Section 5.2 of the Site Plan ordinance and Section 912(c)(2) of the Comprehensive Zoning Ordinance pertaining to setbacks. The City is requiring a 35-foot setback from the proposed right-of- way on Virginia Beach Boulevard. After considerable discussion, Councilman Griffin made a motion, seconded by Mayor Holland to deny the appeal of Mr. Butler of Section 5.2 of the Site Plan Ordinance and Section 912(c)(2) of the Comprehensive Zoning Ordinance pertaining to setbacks. The recorded vote is as follows: Ayes: Councilmen John R. Griffin, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, and Vice Mayor Patrick L. Standing Nays: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, J. Henry McCoy, Jr., Roger L. Riggs, and Floyd E. Waterfield, Jr. Absent: None The motion to deny the appeal of Mr. Frank Butler was lost. ITEM #12330(a) Councilman Riggs made a motion, seconded by Councilman Waterfield, to approve the appeal of Mr. Frank Butler for an encroachment into the right-of-way line on Virginia Beach Boulevard. 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., Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, Councilman J. Curtis Payne, and Vice Mayor Patrick L. Standing Absent: None City Council voted to approve the appeal of Mr. Frank Butler for an encroachment into the right-of-way line on Virginia Beach Boulevard. ITEM #12331 COUNClLMEN BAUM AND CROMWELL LEFT CHAMBERS Mrs. Lynn Cooper, Tidewater Builders Association-Government Affairs, appeared in favor,of this matter. On motion by Councilman Waterfield, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen George R. Ferrell, John R. Griffin, Mayor Clarence A. llolland, 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: Councilmen John A. Baum, and Robert B. Cromwell, Jr. City Council voted to approve the following ordinance to amend and reordain Chapter 8 of the Code of the City of Virginia Beach, Virginia, by adding thereto a new Article IV-A relating to Water Conservation Regulations: 6 / 1 9 / 7 8 11.1 -@ 'I'llilD ulihriLK 0 Ut - 3 THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING THERETO A NEW ARTICLE IV-A RELATING TO WATER CONSERVATION REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 8 of the Code of the City of Virginia Beach, Virginia, is hereby amended by adding thereto a new Article IV-A as follows: ARTICLE IV-A Supplemental Water Conservation Regulations Section 8-15.1. Flow rates for fixtures and trim. In all new construction and in all repair and/or replacement of fixtures or trim, only fixtures and trim not exceedinq the following f]oV! rate and/or water usage shall be permitted. These rates are based on the equivalent of a pressure at the fixture of 40 to 50 PSI: Water closets, tank type 3.5 gallons per flush Water closets, flushometer type 3.0 gallons per flush Urinals, tank type 3.0 gallons per flush Urinals, flushometer type 3.0 gallons per flush Shower heads 3.0 gallons per minute Lavatory, sink faucets 4.0 gallons per minute Section 8-15.2. Public lavatories. In addition to the reaulations in the section above, only the following shall be permitted in public lavatories: (a) Faucets of lavatories located in restrooms intended for public use shall be of the metering, or self-closing type, which limit the quantity of hot water delivered to a maximum of .25 gallons per cycle and are not to exceed a total flow rate of four gallons per minute for hot and cold. 6/1 9/78 3 9 - (b) No urinal or water closet that operates on a continous flow or continuous flush basis shall be permitted. Section B-15.3. Car washes. All car wash installations shall be equipped with an approved water recycling system. All existing car wash installations shall be equioped with such recycling devices no later than one year from the effective date of this ordinance. Section 8-15.4. Continuous flow equipment. In all new construction and all repair and/or replacement of continuous flow devices, any water connector device or applicance requiring a continuous flow of five gallons per minute or more and not previously listed in this article shall be equipped with an approved water recycling system. Section 8-15.5. Penalties. Any person convicted of violating any of the provisions of this article shall be guilty of a Class I misdemeanor. Each day any violation of this article shall continue shall constitute a separate offense. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 day of June , 1978. For state authority see Section 15.1-37.2:1, Code of Virginia, as amended. AB/cj 4/27/78 5/31/78 JDB:AB:er 6-14-78 This ordinance shall be effective on September 1, 1978. ITEM #12332 COUNCILMAN CROMWELL RETURNED TO CHAMBERS COUNCILMAN RIGGS LEFT CHAMBERS On motion by vice Mayor Standing, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen ?.obert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curti. Payn@, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent; Councilman John A. Baum, and Roger L. Riggs City Council voted to adopt the following resolution appointing certain persons to the Virginia Beach Arts and Humanities Commission and ratifying and confirming certain other persons to the Virginia Beach Arts and Humanities Commission: 1 9/78 -4 0 - A RESOLUTION APPOINTING CERTAIN PERSONS TO THE VIRGINIA BEACH ARTS AND HUMANITIES COMMISSION AND RATIFYING AND CONFIRMING CERTAIN OTHER PERSONS TO THE VIRGINIA BEACH ARTS AND HUMANITIES COMMISSION WHEREAS, there exists the Virginia Beach Arts and Humanities Commission, and WHEREAS, the terms of the appointed members is for two years. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the names, addresses and terms of office of the members of the Commission are as follows: NAME TERM EXPIRATION 1. Mr. G. Stafford Balderson 6-30-80 209 54th Street Virginia Beach, Virginia 23451 2. Mrs. C. M. Baylor, Jr. 6-30-80 171 Pinewood Road Virginia Beach, Virginia 23451 3. Mr. Henry Clarke 6-30-79 325 Presidential Boulevard Virginia Beach, Virginia 23451 4. Mrs. Helen Crist 6-30-80 1913 King Charles Court Virginia Beach, Virginia 23454 5. Mrs. Beatrice B. Lovitt 6-30-80 949 Bob-o-link Drive Virginia Beach, Virginia 23451 6. Mrs. Henry L. Livas 6-30-79 816 Widener Court Virginia Beach, Virginia 23462 7. Mrs. John W. Musick 6-30-79 1238 East Bay Shore Drive Virginia Beach, Virginia 23451 8. Mrs. Madyln E. Upton 6-30-79 1001 Old Dam Neck Road Virginia Beach, Virginia 23454 9. Mrs. Harace MacManus 6-30-79 1816 Carlton East Virginia Beach, Virginia 23454 10. Mr. Wylie R. Cooke, Jr. 6-30-u'O 547 Susan Constant Drive Virginia Beach, Virginia 23451 11. Mrs. Pat Wallace 6-30-79 Any resolution in conflict with the provisions of this resolution is hereby repealed. JDB:er 6-20-78 6 / 1 9 / 7 8 ITEM #12333 -41- Councilwoman Oberndorf requested that since there will be some Mondays without scheduled meetings, the City staff should have an opportunity to "pull ahead" the next agenda and establish a new schedule for agenda preparation. The agendum could be pre- pared and arrive at the homes of the Council no later than 6:00 p.m., on the Tuesday before the meeting for which they had been prepared. Councilman McCoy stated he had written a letter with several proposals which are in agreement with Councilwoman Oberndorf. ITEM #12334 Mayor Holland stated he forwarded to Council a letter requesting that the Council enact a policy to have the City Manager and other offices bring before Council any position that commands a salary of $16,000 or over. The Council will not hire the persons for tbe position, but to be made aware of these positions, and to decide if the City should fill it at that time. Mayor Holland asked for a six-month moratorium. On motion by Councilman Ferrell, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. flenry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Vice Mayor Patrick I,. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen John A. Baum, and Roger L. Riggs City Council voted to enact a policy to have the City Manager and other offices bring before Council any position that commands a salary of $16,000 or over. This will. be for a six-month period and will be extended, if necessary. 6 / 1 9 / 7 8