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HomeMy WebLinkAboutJANUARY 23, 1978 CITY OF VIRGINIA BEACI MUNICIPAL CENTER "@lotfd'i -f.,.g.it CR-t.@t C'ity- VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.y.id@ B.,@.gh HENRY M,COY, J,, D.D.S., K@.p,,ill@ B,@,@.gh VICE MAYOR PATRICK L. STANDING, A, L.,g@ ML?YERA E. OBERNDORF, A, L.,g@ JOHN A. BAUM, B .... gb J. CURTIS PAYNE, P,i.,@,, A@@@ B.,..gh ROBERT B. CROMWELL, J,., Al L.,@ ROGER L. RFGGS, Vigi.i. B@.cb B@,o.gb GEORGE R. FERRELI-, A, L.,g@ FLOYD E. WATERFIELD, J,., P.@g. B.,..,b JOHN R. GRIFFIN, Ly-h.,,@@ B.,.@gb AGENDA RFCHARD J. WEBBON, Cily Cl@,k The City Cc)uncil of the CitY Of Virginia Beach, Virginia, will assmble in the Administration Building, Princess Ame Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m., on Monday, January 23, 1978, for the purpose of conducting public business and will hear and act upon the following itens: 1. Call to order by the Honorable Clarence A. Holland, Mayor, in the Council Conference Rocm- 2. Roll Call of the Council. 3. Motion to recess into Infonnal Discussion and Executive Session. Lipon conclusion of the Executive Session, City Council will reconvene in the City Council rs. 4. Invocation will be given at 2:00 p.m., by the Reverend R. W. Bryan, K@ville Presbyterian Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. 5. RD11 Call of the Council. 6. minutes of the Regular Meeting of Tanuary 16, 1978 tc) be presented for acceptance and approval. 7. Consent Agenda: All netters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one mtion in the form listed. There will be no seperate discussion of these itens. If discussion is desired, that item will be remved frcin the consent agenda and considered separtely. a. City Council is requested to approve on second reading an ordinance to appropriate funds in the amunt of $35,375 in Refuse Collection to Personal Services to Replace- @t of Outlays for the replac@t of refuse collection vehicle #80. b. Letter frcm the City Manager r ding that City Council approve the low bid of Carter-Bell Corporation, in the atnount of $334,386.00, for the Beach Borough, Phase I Water Mains, and authorize the City Manager to enter into the necess@ agr@ts to inipl@t this project. Funds are available. c. Letter fran the City manager reocnuending that city council approve the low bid of Bayport Construction Corporation, in the amunt of $920,341.00, for the renovation and oonstruction of the Bow Creek ity Center project, and authorize the City Manager to enter into the necessary omtracts for the construction of this project. Funds are available. d. Letter from the City @ger r g that City Council appoint viewers in the petition of the City of Virginia Beach for the closure of a por-tion of Kellam Poad (K@sville Borough). e. Letter from the City @a4er r q that City Council approve the following Bingo/Raffle permits: Bingo F. 0. P. re Lodge #3 (renewal) Bingo/Raffle Aragona Village Lodge 1198 Loyal Order of moose (renewal) f. Letter frcrn the City @ger re 9 that City comcil approve the request Of "Ir. Ivan D. @pp, ssio ner of the Revenue, for license refunds in the amunt of $235.58. g. Letter frcm the City Manager rec 9 that city council approve the request Of Mr. Jobn T. Atkinson, City Treasurer, for tax refunds in the amunt of $1,489.83. 8. Letter frcfn the CitY manager tran@tting the rec@dation of the Planning Cormssion for approval of @ application of Harry and Viola Richmnd for a change of zoning frc)m I-1 Light industrial District to R-5 (@fied from. R-8) Residential District on a 72- acre parcel located on the west side of London Bridge Road, south of Adventure Trail (Lymhaven Borough). (Due to a tie vote on January 16, 1978, city council voted to defer this application until today.) 9. Letter from the City Mwmger transmitting the re ation of the Planning Ccnmss3-on for approval- of the application of virginia ]3each Holding Corpc)ration, for a change of zoning from H-1 Hotel District to 0-1 Office District on a 5.93 parcel located on the north side of Laskin Road, east of Cardinal Road (Lynnhaven Borough). (Deferred from January 16, 1978 as requested by the applicant.) 10. Letter fran the City Manager rec@ding city council approve an ordinance declaring certain property on Great Neck Rc)ad excess and authoriz@ig the conveyance of sucli rro@Y. 11. Letter from the City Manager rec ing that City Council approve an ordinance to allocate positions for the additional staffing requir@ts of the New Correctional Facility: Annua 3 Oc)rrectional Transpc)rtation officers $ 8,400 1 Classification Officer 10,032 1 Correctional Record Clerk Supervisor 3,73@. 1 Correctional Record Treatment-Clerk/Stenographer 7,34,4. 2 Correctional Records Clerks 8,340 1 Correctional Institution Rehabilitation Counselor 10,51-1 1 @gistered General Duty Nurse 9,600 @o 12. Letter from the City Manager rec ing that city council approve an ordinance to allocate additional positions for the Yiental Retardation/Develo@tal Disability Program: 1 Support Service Aide 1 Motor Equi@t Operator I - part tim 13. Letter frcm the City Manager re ing that City Council approve an ordinance to Chapter 8 of the Code of the City of Virginia Beach, by add'-g thereto a new section 8-9.1 pertaining to construction site cleanliness. 14. Old business, deferred frm the previous n-eeting, including any report of the Mayor or Conrnittees named by Council. 15. New business, includying any presentations by Council s, Citizens and organizations. 16. motion for adjo t. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA January 23, 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 Building, Princess Anne Borough, on Monday, January 23, 1978, at 1:00 p.m. Council Members Present: 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. ITEM #11686 Mayor Holland entertained a motion to permit Council to conduct an informal session to be followed by an executive session for the pur- pose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 3. Consultation with legal counsel and briefings by staff members, consultants, or attorneys pertaining to actual or potential litigation, or otber legal matters within the jurisdiction of the public body. On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilnien 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 proceed into the executive session following the informal meeting. ITEM #11687 The City Manager stated that this weekend the Virginia Legislature will be visiting the Hampton Roads area for tours. On Saturday, January 28, 1978, the Legislature will be touring Virginia Beach, and any Cauncil Member who wishes to attend is welcome. The City Manager presented each Council Members with a schedule of events. ITEM #11688 Mayor Holland stated that Dr. Crawford, Director of the Health Department, is concerned about several bills that are being presented before the Senate General Laws Committee on Wednesday, January 25, 1 9 7 8. Senate Bill 79 - would transfer all responsibility for regulation of sewage disposal (including septic tanks) from the Health Department to the State Water Control Board. Senate Bill 83 - would transfer r@@onsibility for a solid waste disposal from the Department of Health into a newly created Division of Solid Waste Management. Doctor Crawford requested Council to adopt a resolution statin, its opposition to these two legislative items and communicating th Tis con- cern to the Virginia Beach delegation to the General Assembly and to the Chairman and members of the Senate General Laws Committee. ITE@@4 #11689 The City Manager introduced Mr. J. Roy Alphin, Chairman of the Virginia Beach Bicentennial Commission, who presented to Council the final report of the Bicentennial Commission. ITEM #11690 The City Alanager stated there has been a request from the Civic Organizations to allow the use of tlie Municipal Center (the Council Chambers) for their meetings. The City Manager stated if Council agrees and has no objections, the staff is willing to permit the civic organizations to hold their meetings in the Council Chambers on a trial basis. Mrs. Reba McClanan appeared regarding this matter and stated that their first choice was the Virginia Beach Recreation Center if at all possible. It would be the ideal location. The City Manager informed Mrs. McClanan and the Council that he would check into the use of the Recreation Center and report back to Council. ITED,l #11691 The City Manager stated that the project on the North Virginia Beach Drainage has been a source of discussion for years, and the article that came out in Sundays Beacon was most unfortunate. The Planning Department has been working on the project from the very beginning, along with the Department of Public Works, and has endorsed the project. There will be no harmful effects to the ecology of North Virginia Beach. ITEM #11692 The improvements being done to the Mayor's office, where the Xerox machine is located, is included in the cost of the expansion of the new wing. ITEM #11693 At 2:00 p.m., City Council reconvened in the Council Chambers with the following 14embers present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by the Reverend R. W. Bryan, Kempsville Presbyterian Church, followed by the Pledge of Allegiance. 1/23/78 ITEM @@ll(;94 On motion by CounciINvoman Oberndorl, s(@cond(@d by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baurii, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @layor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman lleyera F. Oberndorr, J. C,,Irti-@ Payne, Roger L. P,iggs, Vice- Ilayor Patrici@ L. Stanctin@,, @-Lnd Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of January 16, 1978, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM 1-11695 On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @.layor Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Ro-er L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterf ? leld, Jr. Nays: None Al:)sent: None City Council voted to approve on second reading the following ordinance to appropriate funds in the amount of $35,375 in Refuse Collection to Personal Services to Replacement of Outlays for the replacement of Refuse Collection Vehicle #80: AN ORDINANCE TO APPROPRIATE FUNDS FOR THE REPLACEMENT OF REFUSE COLLECTION VEHICLE #80 WHEREAS, City Council is interested in providing an adequate garbage collection service, and, WHEREAS, the present number of Refuse Collection vehicles will allow adequate service, and, WHEREAS, one of these vehicles has been damaged beyond repair and requires replacement, and, WHEREAS, surplus funds from unfilled positions exist in Refuse Collection's budget, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRCINIA: That funds in the amount of $35,375 in Refuse Collection be appropriated from Personal Services to Replacement of Capital Outlays for this purpose. First Reading January 16, 1978 Second Reading January 23, 1978 Adopted by the Council of the City of Virginia Beach on the 23rd ITEM #11696 -4- The following bids have been received for the Beach Borough, Phase I Water Mains, which are the first part of a phased approach: Carter-Bell Corporation $334,386.00 Central Builders, Inc. 350,738.20 A. Stuart Bolling Co., Inc. 352,102.00 John H. Nlalbon Contracting, Inc. 384,675.00 @,lajor T. Archbell, Inc. 395,814.00 A & W Contractors, Inc. 474,424.00 Engineer's Estimate $505,456.00 On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, 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 loiv bid of Carter-Bell Corporation, in the amount of $334,386.00, for the Beach Borough, Phase I Water Mains, and further authorized the City ?,Ianager to enter into the necessary agreements to implement this project. Funds are available. I / 2 3 / 7 8 - 5 - ITEM #11697 The following bids have been received for the renovation and con- struction of the Bow Creek Community Center project: @y@ort W. S. Meadows Engineers, Inc. 1,017,350.00 L. J. Hoy, Inc. 1,021,350.00 Architectural Estimate $ 963,000.00 On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwornan @leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice I-layor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the low bid of Bayport Construction Corporation, in the amount of $920,341.00, for the renovation and construction of the Bow Creek Community Center project; and further authorized the City Manager to enter into the necessary contracts for the construction of this project. Funds are available. ITElti #11698 On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @.layor Patriclc L. Standing, and Floyd E. Ivaterfield, Jr. Nays: None Absent: None CitY Council voted to approve the following ordinance appointing viewers in the petition of the City of Virginia Beach for th, closure of a portion of Kellam Road, in the Kempsville Borough: -5 - ITEM #11697 The following bids have been received for the renovation and con- struction of the Bow Creek Conununity Center project: Bayport Construction Corp. 0 920,341.00 Beach Building Corporation 952,307.00 W. S. Meadows Engineers, Inc. 1,017,350.00 L. J. Hoy, Inc. 1,021,350.00 Architectural Estimate $ 9611,000.00 On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Ilenry 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: None City Council voted to approve the low bid of Bayport Construction Corporation, in the amount of $920,341.00, for the renovation and construction of the Bow Creek Community Center project; and further authorized the City Manager to enter into the necessary contracts for the construction of this project. Funds are available. ITEM #11698 On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, 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 appointing viewers in the petition of the City of Virginia Beach for the closure of a portion of Kellam Road, in the Kempsville Borough: - 5 - ITEM #11697 The following bids have been received for the renovation and con- struction of the Bow Creek Community Center project: Bayport Construction Corp. $ 920,341.00 Beach Building Corporation 952,307.00 R. D. Lambert & Son, Inc. 1,006,000.00 W. S. Meadows Engineers, Inc. 1,017,350.00 L. J. Hoy, Inc. 1,021,350.00 Architectural Estimate $ 963,000.00 On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @,layor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the low bid of Bayport Construction Corporation, in the amount of $920,341.00, for the renovation and construction of the Bow Creek Community Center project; and further authorized the City Manager to enter into the necessary contracts for the construction of this project. Funds are available. ITEI,l #11698 On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @.layor Patrick L. Standing, and Floyd E. Ivaterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance appointing viewers in the petition of the City of Virginia Beach for the closure of a portion of Kellam Road, in the Kempsville Borough: I / 2 3 / 7 8 6 - IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF P E T I T I 0 N KELLAM ROAD TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Petitioner, City of Virginia Beach, respectfully represents; 1. Tbat pursuant to the provisions of Section 15.1-364 of the Code of Virginia, 1950, as amended, the said petitioner applies for the vacating, closing and discontinuing of a portion of a certain road situate in the Borough of Kempsville, City of Virginia Beach, Virginia, and described as follows: All that certain portion of Kellam Road containing 0.19 acres, as is shown and designated by the shaded area oti that certain plat entitled, "Plat Showing Street Closure For A Portion of Kellam Road, Kempsville Borough, Virginia Beach, Virginia, Scale 1" = 50', November 3, 1977, Department of Public Works, Engineering Division, City of Virgiiiia Beach, Virginia," and is on file in the Department of Public Works, Real Estate Division, of the City of Virginia Beach. 2. That no inconvenience will result to any person by reason of the said closing, vacating and discontinuing of this portion of said road, and petitioner prays that this Honorable Council appoint Viewers as provided by the aforesaid statute to view the portion of the said road to be closed and report in writing to this Council on or before , 19 , whether in the opinion of the said Viewer, any, and if any, what inconvenience would result from the dis- continuing of this portion of said road. 3. That on the Yltl day of -JANVAp-y 19" , notices of the present- ing of this application were posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, and at two other public places within the said City, as evidenced by the affidavit attached hereto, and a copy of said notice, and the landowners along and adjacent to said street desire and request the said portion of Kellam Road to be closed. Respectfully submitted, CITY OF VIRGINIA BEACH By , 9,' @@ Assistant C/ity Attorney - 7 - ORDINANCE APPOINTING VIEIQERS FOR CLOSING, VACATING AND DISCONTINUING A PORTION OF KELLAM ROAD, KE@IPSVILLE BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the City of Virginia Beach has given due and proper Notice in accord with the statutes for such cases made and provided, that it would, on this day, apply to the City Council of the City of Virginia Beach, Virginia, for the Appointment of Viewers to view the below described property, and report in vriting to the Counci.1 whether, in the opinion of said viewers, an@, and if any, what inconveniences would result from tlie discontinuing of the hereinafter described portion of Kellam Road situate in the City of Virginia Beach, Virginia, and has filed such application with said Council; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA: That C. Oral Lambert George E. Tinnes and Robert J. Scott are hereby appointed to view the below described property, and report in writing to the Council on or before , whether in their opinion any, and if any, what inconvenience would result from the discontinuing, closing and vacating of that certain portion of Kellam Road situate in the City of Virginia Beach, Virginia, and described as follows: All that certain portion of Kellam Road containing 0.19 acres, as is shown and designated by the shaded area on that certain plat entitled, "Plat Showing Street Closure for a Portion of Kellam Road, Kempsville Borougli, Virginia Beach, Virginia, Scale 1" = 50', November 3, 1977, Department of Public Works, Engineering Division, City of Virginia Beach, Virginia," and is on file in the Department of Public Works, Real Estate Division, of the City of Virginia Beach, Adopted by tbe Council of the City of Virginia Beach, Virginia, on the 23 day of January 19 78 MES:wk 12-27-77 - 8 - ITEM #11699 On motion by Councilman I-IcCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, 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 Bingo/Raffle Permits: F.O.P. Commodore Lodge #3 Bingo - renewal Aragona Village Lodge 1198 Loyal Order of Moose Bingo/Raffle - renewal ITEM #11700 On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Nlayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman @leyera 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 request of Air. Ivan D. Mapp, the Commissioner of the Revenue, for license refunds in the amounti, of $235.58: 11,211@8 ITEM #11702 _ 11- Petition of Harry and Viola Richmond for a Change of Zoning District Classification from I-1 Light Industrial District to R-8 Residential District on certain property located on the West side of London Bridge Road beginning at a point 500 feet South of South Adventure Trail , running a distance of 241 .33 feet along the West side of London Bridge Road, running a distance of 750 feet in a Westerly direction, running a distance of 249.93 feet in a Southerly direction, running a distance of 1796.08 feet in a Westerly direction, running a distance of 739.17 feet in a Northwesterly direction, running a distance of 209.33 feet in an Easterly direction, running a distance of 230.66 feet in a Northerly direction, running a distance of 233.63 feet in a Westerly direction, running a distance of 809.20 feet in a Northwesterly direction, running a distance of 163.95 feet in a Northerly direction, running a distance of 312.59 feet in a Northeasterly direction, running a distance of 270 feet in an Easterly direction, running a distance of 213.49 feet in a Southerly direction, running a distance of 210.23 feet in an Easterly direction, running a distance of 219. 14 feet in a Northerly direction, running a distance of 138 feet in an Easterly direction, running a distance of 516.69 feet in a Northerly direction, running a distance of 398 feet in a Southerly direction, running a distance of 681 .53 feet in an Easterly direction, rection, running a distance of 1145.08 feet in an Southerly direction and running a distance of 1759.99 feet in an Easterly direction. Said parcel contains 72 acres more or less. (Nottingham Estates Area) . LYNNHAVEN BOROUGH. Planning Commission Recommendation: A -motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request with a modification to R-5 Residential District. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the adminis- trative staff: 1. Standard improvements as required by the Subdivision Ordinance. 2. City water and sewer. 3. Gravity sewer lines and a pump station must be installed by the developer in order to utilize the 16 inch H.R.S.D. force main- at the intersection of Gatewood Avenue and Wolf Street. 4. The necessary on-site drainage easements will be required at the time of subdivision development. 5. The necessary on-site and off-site right-of-way improvements and dedications to London Bridge Road will be required in order to control the traffic generated by this development. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following condition is satisfied: 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 15 feet along the 241 .33 foot frontage on London Bridge Road (a 15 foot dedication and a 15 foot reservation) . 1 /23/78 ' - 12- Mr. Grover C. Wright , Jr. , Attorney, represented the petitioners The following appeared in opposition : Captain McCana Martha Kessler F. E. Taylor Reba McClanan After considerable discussion , Vice Mayor Standing made a motion , seconded by Councilman McCoy, to deny the above petition of Harry and Viola Richmond for a Change of Zoning District Classification from I-1 Light Industrial District to R-5 Residential District (modified from R-8 Residential District . The recorded vote is as follows : Ayes : Councilmen John R. Griffin, J . Henry McCoy, Jr. , Councilwoman Meyera E. Oberndorf, and Vice Mayor Patrick L. Standing Nays : Councilmen John A. Baum, Robert B. Cromwell, Jr. , George R. Ferrell, Mayor Clarence A. Holland, J. Curtis Payne , Roger L. Riggs , and Floyd E. Waterfield, Jr. Absent : None The above motion to deny the application of Harry and Viola Richmond for a Change of Zoning District Classification from I-1 Light Industrial District to R-5 Residential District (modified from R-8 Residential District ) was denied. ITEM #11702a Councilman Baum made a motion seconded by Councilman Ferrell , to approve the above petition of Harry and Viola Richmond for a Change of Zoning District Classification from I-1 Light Industrial District to R-5 Residential District (modified from R-8 Residential District ) . The recorded vote is as follows : Ayes : Councilmen John A. Baum, Robert B. Cromwell, Jr. , George R. Ferrell , Mayor Clarence A. Holland, J. Curtis Payne, Roger L. Riggs , and Floyd E. Waterfield, Jr. Nays : Councilmen John R. Griffin, J. Henry McCoy, Jr. , Councilwoman Meyera E. Oberndorf , and Vice Mayor Patrick L. Standing Absent : None City Council voted to approve the following ordinance upon petition of Harry and Viola Richmond Richmond for a Change of Zoning District Classification from I-1 Light Industrial District to R-5 Residential District (modified from R-8 Residential District) : 1 /23/78 - 1 2- Mr. Grover C. Wright, Jr., Attorney, represented the petitioners The following appeared in opposition: Captain @4cCana T@yl@r neba Ilc@lanan After considerable discussion, Vice Mayor Standing made a motion, seconded by Councilman McCoy, to deny the above petition of liarry and Viola Richmond for a Chan e Of ZoninR District Clas,ification from I-1 Light Industrial Distri@t to-R-5 esidenti 1 Dstict (modified from R-8 Residential District. The recorded vote is as follows: Ayes: Councilmen John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, and Vice Mayor Patrick L. Standing Nays: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. liolland, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Absent: None The above motion to deny the application of Harry and Viola Richmond for a Change of in District Classification from I-I Light Industrial District to A--5 Residen ial Dist 1 t (modified from R-8 Residential District) was denied. ITEM #11702a Councilman Baum made a motion seconded by Councilman Ferrell, to approve the above petition of Harry and Viola Richmond for a n e of Zoning District Classification from I-1 Light Industrial District T-o T-5-Res dential istrict (modified from R-8 Residential District). The recorded vote is as follows: Ayes: Councilmen John A. Baum, Robert B. Crom@vell, Jr., George R. Ferrell, Mayor Clarence A. Iiolland, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: Councilmen John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, and Vice Mayor Patrick L. Standing Absent: None City Council voted to approve the following ordinance upon petition of Harry and Viola Richmond Richmond for a Change of Zoning District Classification from I-1 Light Industrial Di trict T-o -5 Res dential District (modified from R-8 Residential District): ITEM #11703 Petition of Virginia Beach Holding Corporation for a Change of Zoning District Classification from H-1 Hotel District to 0-1 Office District on certain property located on the North side of Laskin Road beginning at a point 95.81 feet East of Cardinal Road, running a distance of 1189.63 feet along the North side of Laskin Road, running a distance of 304.43 feet along the Eastern property line, running a distance of 958.69 feet along the Northern property line and running a distance of 223 feet along the Western property line. Said parcel contains 5.93 acres. (Birdneck Point Area) . LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to aprove this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the adminis- trative staff: 1 . Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The necessary downstream drainage improvements and easements will be required. 4. A 15 foot wide buffer will be required along the rear property line to provide for the privacy of future homeowners to the north. 5. All lighting is to be directed away from the adjacent residential district. 6. There is to be no parking to the rear. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions is satisfied: A dedication of right-of-way 70 feet from the centerline of the existing variable right-of-way along the 1 ,189.63 foot frontage on Laskin Road (a variable dedication) . Mr. Frank Butler, Attorney , represented the petitioner On motion by Councilman Griffin, seconded by Councilman McCoy , and by recorded vote as follows : Ayes : Councilmen John A. Baum, Robert B. Cromwell , Jr. , George R. Ferrell , John R. Griffin, Mayor Clarence A. Holland , J. 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 upon petition of Virginia Beach Holding Corporation for a Change of Zoning District ' Classification from H-1 Hotel District to 0-1 Office District : 1 /23/78 - 1 2- Mr. Grover C. Wright, Jr., Attorney, represented the petitioners The following appeared in opposition: Captain l4cCana Martha Kessler F. E. Taylor Reba McClanan After considerable discussion, Vice Mayor Standing made a motion, seconded by Councilman McCoy, to deny the above petition of Harry and Viola Richmond for a Change of Zoning District Classification from I-1 Light Industrial Distri@t to R-5 Residential District (modified from R-8 Residential District. The recorded vote is as follows: Ayes: Councilmen John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, and Vice Mayor Patrick L. Standing Nays: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Absent: None The above motion to deny the application of Harry and Viola Richmond for a Change of Zoning District Classification from I-I Light Industrial District to k--5 Residential District (modified from R-8 Residential District) was denied. ITEM #11702a Councilman Baum made a motion seconded by Councilman Ferrell, to approve the above petition of Harry and Viola Richmond for a Change of Zoning District Classification from I-1 Light Industrial District T-o T--5 Residential District (modified from R-8 Residential District). The recorded vote is as follows: Ayes: Councilmen John A. Baum, Robert B. Cromivell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: Councilmen John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, and Vice Mayor Patrick L. Standing Absent: None City Council voted to approve the following ordinance upon petition of Harry and Viola Richmond Richmond for a Change of Zoning District Classification from I-1 Light Industrial District To- R-5 Residential District (modified from R-8 Residential District): I / 2 3 / 7 8 generated by this development. 6. Voluntarily agree to set an instrument to record stating this development is in C & R 3 -16- 2. That the office building or buildings constructed on the land described in part 1 of these restrictions shall be limited in height to not more than two stories above ground. 3. No parking area or driveways shall be located within a 30 foot wide strip of land located south of Lots 18 , 19, 20 21 , 21-A, 22 and 22-A. 4. On a 15 foot wide strip of land located south of Lots 18, 19, 20, 21, 21-A, 22 and 22-A no trees located upon or within such strip with an outside diameter of 4" or more shall be cut or removed without prior written approval of both the Birdneck Point Community League or its successor in interest , and the owner of the lot lying immediately to the north of said tree proposed for removal . 5. No building shall be located within a 20 foot wide strip of land located south of Lots 18 , 19 , 20, 21 , 21-A, 22 and 22-A. 6. No sign having an area exceeding 20 square feet and having letters larger than 8 inches shall be erected on the property . 7. Exterior siding materials shall be restricted to the use of brick, wood siding or wood shingles . 8. That no parking lot light shall exceed 15 feet in height . 9. That all parking lot lights shall be faced away from all of the residential area of Birdneck Point . These restrictions shall run with the land and be binding upon the successors in interest of the present owners of said property. These restrictions shall be included in any and all deeds . This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach , Virginia, on the 23rd day of January, 1978 . 1 /23/78 -15- ORDINANCE UPON PETITION OF VIRGINIA BEACII HOLDING -@0178307 CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION FROM H-1 Hotel District to 0-1 Office District BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Virginia Beach Holding Corporation for a Change of Zoning District Classification from 11-1 Hotel District to 0-1. Office District on certain property located on the North side of Laskin Road beginning at a point 95.81 feet East of Cardinal Road, running a distance of 1189.63 feet along the North side of Laskin Road, running a distance of 304.43 feet along the Eastern property line, running a distance of 958.69 feet along the Northern property line and running a distance of 223 feet along the V;estern property line, Said parcel contains 5.93 acres. (Birdneek Point Area). Lynnhaven Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. If necessary, downstream drainage improvements and easements will be required. 4. A 15 foot wide buffer will be required along the rear property line to provide for the privacy of future home- owners to the north. 5. All lighting is to be directed away from the adjacent residential district. 6. There is to be no parking to the rear. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in tliis niotion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following condition is satisfied: 1. A dedication of right-of-way 70 feet fro-M the center- line of the existing variable right-of-way along the 1189.63 foot frontage on Laskin Road (a variable dedication) Further, the applicant has agreed to the following restrictions for the property: 1. Parcel 111-All to be dedicated to Birdneck Point Community League. 1/23/78 - 1 6 - That the office building or buildings constructed on the land described in part I of these restrictions shall be limited in height to not more than two stories above ground. 3. No parking area or driveways shall be located within a 30 foot wide strip of land located south of Lots 18, 19, 20 21, 21-A, 22 and 22-A. 4. On a 15 foot wide strip of land located south of Lots 18, 19, 20, 21, 21-A, 22 and 22-A no trees located upon or within such strip with an outside diameter of 411 or more shall be cut or removed without prior written approval of both the Birdneek Point Cornmunity League or its successor in interest, and the owner of the lot lying immediately to the north of said tree proposed for removal. 5. No building shall be located within a 20 foot wide strip of land located south of Lots 18, 19, 20, 21, 21-A, 22 and 22-A. 6. No sign having an area exceeding 20 square feet and having letters larger than 8 inches shall be erected on the property. 7. Exterior siding materials shall be restricted to the use of brick, wood siding or wood shingles. 8. That no parking lot light shall exceed 15 feet in height. 9. That all parking lot lights shall be faced away from all of the residential area of Birdneck Point. These restrictions shall run with the land and be binding upon the successors in interest of the present owners of said property. These restrictions shall be included in any and all deeds. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of January, 1978. 1/23/78 ITEM #11705 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 provide positions for the additional staffing requirements of the new correctional facility : AN ORDINANCE aci PROVIDE POSITIONS FOR THE ADDITIONAL STAFFING REQUIRE- MEN S OF THE NEW CORRECTIONAL FACILITY WHEREAS, the construction of a new correctional facility was approved by a voter referendum on November 5, 1974, and WHEREAS, the construction will be completed on or before February 1, 1978, and officials of the State Division of Corrections have indicated that additional staffing will be required in the new facility, and WHEREAS, application has been made to the Commonwealth of Virginia to reimburse the City for two-thirds of the personnel costs, and WHEREAS, Section 2 of the Appropriations Ordinance for fiscal year 1977--1978 requires City Council approval for new personnel positions not set forth therein, and WHEREAS, additional local appropriations for new positions will not be required since there are funds remaining in the Jail Operationg Budget from previously unfilled positions. NOW, THEREFORE, BE IT OP.DAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT, the following additional personnel positions be established for the operation of the Correctional Facility: Positions Annual Salry per Positions 3 Correctional Transportation Officers $ 8,400 1 Classification Officer 10,032 1 Correctional Record Clerk Supervisor 8,784 1 Correctional Record Treatment-Clerk/Stenographer 7,344 2 Correctional Record Clerks 8,040 1 Correctional Institution Rehabilitation Counselor 10,512 1 Registered General Duty Nurse 9,600 10 FIRST READING: January 23, 1978 SEC 3ND READING: Adopted by the Council of the City of Virginia Beach on the day of , 1978. 1 /23/78 ITEM #11706 -20- MAYOR HOLLAND LEFT COUNCIL CHAMBERS On motion by Councilman Griffin, seconded by Councilman McCoy, and by recorded vote as follows : Ayes : Councilmen John A. Baum, Robert B. Cromwell , Jr. , George R. Ferrell , John R. Griffin, J. Henry McCoy, Jr. , Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays : None Absent : Mayor Clarence A. Holland City Council voted to approve on first reading the following ordinance to allocate additional positions for the Mental Retardation/Developmental Disability Program: AN ORDINANCE TO ALLOCATE ADDITIONAL POSITIONS FOR THE MENTAL RETARDATION/ DEVELOPMENTAL DISABILITY PROGRAM WHEREAS, City Council approved the purchase of Adult Day Care Service, from the Mental Retardation/Developmental Disability Program, by the Virginia Beach Department of Social Services, on December 19, 1977, and WHEREAS, the Mental Retardation/Developmental Program requires og egtu additional staffing to accommodate the increase in services provided, and WHEREAS, Section 2 of the Appropriation Ordinance for fiscal year 1977-1978 requires City Council approval for new personnel positions not set forth therein. NOW, THEREFORE, RF IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following additional personnel positions be added to the Mental Retardation/Developmental Disability Program: 1 Support Service Aide 1 Motor Equipment Operator I - part time Adopted by the Council of the City of Virginia Beach on the 23 day of January , 1978. 1 /23/7$ -21- ITEM #11707 MAYOR HOLLAND RETURNED TO CHAMBERS ' On motion by Councilman Ferrell , seconded by Councilman Riggs, and by recorded vote as follows : Ayes : Councilmen John A. Baum, Robert B. Cromwell , Jr. , George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr. , Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs , Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays : None Absent : None City Council voted to defer for two weeks the following ordinance to amend Chapter 8 of the Code of the City of Virginia Beach, Virginia, by adding thereto a new Section 8-9. 1 pertaining to construction site cleanliness : AN ORDINANCE TO AMEND CHAPTER 8 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING THERETO A NEW SECTION 8-9. 1 PERTAINING TO CONSTRUCTION SITE CLEANLINESS. 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 is amended and li reordained as follows: Section 8-9.1. Construction site cleanliness. The owner of any property for which a building permit has been issued and the general contractor doing work on such property shall keep the construc- tion site, adjoining property and adjacent streets clear of all scraps, garbage, discarded materials and other debris resultingfrom construction activity;tivity; shall store usable materials in an orderly manner; and shall keep the adjacent streets clear of mud and dirt accumulation. Adopted by the Council of the Cityof Virginia gi is Beach, Virginia, on the day of , 1978. DEFERRED FOR TWO WEEKS February 6, 1978 1 /23/718 ITEM #11708 -22- 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 reappoint the following to the Southeastern Virginia Areawide Model Program (SEVAMP) , for terms of two years , beginning January 23, 1978 and terminatingJanuary22, 1980 : Mr. Sam Houston, Sr. Mr. Russell Rucks ITEM #11709 On motion by Councilman Ferrell , seconded by Councilman Cromwell , and by recorded vote as follows : Ayes : Councilmen John A. Baum, Robert B. Cromwell , Jr. , George R. Ferrell, John R. Griffin, 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 voicing its opposition to Senate Bill 79 and Senate Bill 83 and communicating this concern to the Virginia Beach delegation to the General Assembly , and to the Chairman and members of the Senate General Laws Committee : 1 /23/78 - / I - ITEM #11707 F@IAYOR HOLLAND RETURNED TO CHAMBERS on motion by Councilman Ferrell, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for two weeks the following ordinance to amend Chapter 8 of the Code of the City of Virginia Beach, Virginia, by adding thereto a new Section 8-9.1 pertaining to construction site cleanliness: AN ORDINANCE TO AMEND CHAPTER 8 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING THERETO A NEW SECTION 8-9.1 PERTAINING TO CONSTRUCTION SITE CLEANLINESS. 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 is amended and reordained as follows: Section 8-9.1. Construction site cleanliness. The owner of any property for which a building pertnit has been issued and the general contractor doing work on such property shall keep the construc- tion site, adjoining property and adjacent streets clear of all scraps, garbaole, discarded materials and other debris resulting froni construction activity; shall store usable materials in an orderly nianner; and shall keep the adjacent streets clear of mud and dirt accumulation. Adopted by the Council of the City of Virgiiiia Beach, Virginia, on the day of 1978. DEFERRED FOR TWO WEEKS February 6, 1978 1/23/78 li.blci yii,IU6 - 2 2 - 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, Ilayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to reappoint the following to thO Southeastern Virginia Areawide Model Program (SEVAMP), for terms of two years, beginning January 23, 1978 and terminating January 22, 1980: Mr. Sam liouston, Sr. Mr. Russell Rucks ITEM #11709 On motion by Councilman Ferrell, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, 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. liaterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution voicing its opposition to Senate Bill 79 and Senate Bill 83 and communicating this concern to the Virginia Beach delegation to the General Assembly, and to the Chairman and members of the Senate General Laws Committee: 1/23/78 I, • e ... _ .� FORM NO. P.S. I (4,41 ",Nec. ow_ t City of Vir iI1is Beach '9�5iitto '„i, INTER-OFFICE CORRESPONDENCE OF OUR NASo DATE: 1/27/78 TO: Mr. George L. Hanbury DEPARTMENT: Executive • FROM: C. Oral Lambert , Jr. DEPARTMENT: Public Works SUBJECT: City Owned Property - Great Neck Road Project U000-134-103 (Formerly Property of Edith M. Davis, Parcel 094) Attached for your review and execution on behalf of the City is a proposed Deed of Conveyance conveying the 0. 141 acre of land to Mr. George F. Darden, Jr. for the consideration of $10, 570 as previously authorized by Council on January 23, 1978 . It would be appreciated if you would execute the attached deed and return same to the Office of Real Estate for the closing of this matter. I If you should require any additional information, please advise. 69-, • 4 A._to L.e, 4_9_4 4,-,_ , C. Oral Lambert , Jr. , Director 1 ,7) 1 1 t,,,� A , t . 1-7 , ' COL/JRH/pd REAL ESTATE AGENT (DATE) Attachment AVAILABILITY OF FUNDS cc: Mr. James R. Hobson ,e, Mr. Jay A. Richardson ' Dlit OR OF FINANCE (DATE) APP WOVAL AS TO/f' .t.`.I f.r i 7......„..,..../c., 1 ....474,pi / TY "FORNEY - ATE # — 6COGNCIL lE\IEr t \• \c::: ATE)( ir • r j /3 fhe CITY CLERK V DATE) OFFICE OF REAL ESTATE (DATE) ----- .'4' I , THIS DEED Made this day of , 1978, by and between the CITY OF VIRGINIA BEACH, a Municipal Corp- , , oration, party of the first part , and GEORGE F. DARDEN, JR. AND GAIL 0. DARDEN, husband and wife , party of the second part . WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10. 00) cash in hand paid, the receipt of which is hereby acknowledged, together with other good and valuable consideration, the party of the first part does hereby grant and convey unto the party of the second part , with special warranty the following described property, to-wit : All that certain piece, parcel or lot of land, situate, lying, and being in the Lynnhaven Borough, City of Virginia Beach, Virginia, designated as "0. 141 ACRE" as shown on that certain plat entitled: "PLAT SHOWING RESIDUE PROPERTY PARCEL 094 GREAT NECK ROAD, CITY OF VIRGINIA BEACH, VIRGINIA DATED : SEPTEMBER 20, 1977, SCALE: 1"=50? , " and recorded in Map Book at Page in the Clerkts Office of the Circuit Court of the City of Virginia Beach, to which reference is made for a more particular description. The party of the first part expressly reserves unto itself, its heirs and successors in title , the permanent drain- age easement as shown on the aforesaid plat for the construction alteration and maintenance of existing and future drainage facilities. This conveyance is made expressly subject to the conditions, restrictions, easements and reservations of record 1 1 in the chain of title, if any, constituting constructive notice thereof. 1 WITNESS the following signatures and seals: CIT 0 VIRGINIA BEAC B r � o ebu- 4244 ry ty Ma ager I ATTEST 1 A / BY tt�,�(J ' 1-4, Richard J. Webbon , City Clerk I1) , ' I .• STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit : a Notary Public in and for I , the City and State aforesaid, do hereby certify that George L. Hanbury, City Manager, and Richard J. Webbon, City Clerk, whose names as such are signed to the foregoing writing, bearing date on the_ __ day of , 19 , have this day acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 19 Notary Public My Commission Expires: ?MOVED eCNr:NY SIGNATURE DEPARTMENT APPROVED AS TO rd.i'M SiGNATUr.E CITY ATTORNEY I j ' II • • D s o V x=38/97 061 WM y (11 PLAT ' o .b SHOWING RESIDUE PROPERTY OF \ �' PARCEL 094 GREAT NECK ROAD LYNNHAVEN BOROUGH VIRGINIA BEACH, VA. S CALE i" = 50' SEPTEMBER 20, 1977 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CITY OF VIRGINIA BEACH, VA. r D.0,1%y4GE EASE-lf5V/ 0 60' IOC' zoo' GRAPHIC SCALE I • • .&c119h/6-$ "tee-Bdseo Oma(' •N .e//l seifY A 1,V5 g- Ice v w 4i, t.L a1 A V N 1/40!T/OSP FO.+'/A1i . • GEafGE f. .tPpEi oe Pest ,f9. 70 EJB//2 4./r w yOIT/O.P FO.P/yIE.PCY Q APU.eY C. ,B/49e- .0.62/ JJ /9,d/O 41.8/08 "0y./7 ifB//Z P.,/I \ rta /5/aY • k4•1 t o S//"10�3O�C C/T7 Of �� c1,- !'/A' //I//f.561G71 - 'k-- OBAjJ $152 418/07 f!'52/ . ,zO,,Cla o./aiac. 7 ''v o, --Cy/ox 0szi 4 � 4 / ,� /1- 00' s �� 8g'<zo , Da 1 � � ® - SeAte pi, CA O O- 3°59/.. " zQ e =,Z7"3j 00"' Q .d =00'/6 01" .P=2/3849 #:106.316 .P =.Z/jB.QB , C :/0905 ! -/OD%BZ C = 9 99 T= 7i55 7=5/0.79 7 r 500 I . ,V II 1 1 � Approved, IO DIRECTOR OF PUBLIC WORKS DATE • . 1I