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HomeMy WebLinkAboutOCTOBER 3, 1977 CITY OF VIRGIXII BEAC MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.y@id@ B.,.@gh J. HENRY M,COY, J,., D.D.S., K-p-ill@ 8,@,..gb VICE MAYOR PATRICK L. S7"ANDING, A, L.,g@ MEYERA E. OBERNDORF, A, L.,g@ JOHN A BAUM, B.,.gh J. CURTIS PAYNE, P,i@,@,@ A@@, B .... gb ROBERT B. CROMWELI,. ],, A, L.,g@ ROGER L. RIGGS, Vig,@i. B@.,b B@,..gh GEORGE R. FERRELL, A, L.,g@ FLOYD E. WATERFIELD, J,., P.@g. B.,@.gb JOHN R. GRIFFIN, Ly@@h.@,. @,..gb A G E N D A RICHARD J. WEBBON, Cily Cl@,k THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, WILL ASSEMBLE IN THE ADMINISTRATION BuILDING, PRINCESS ANNE STATION, VIRGINIA BEACH, VIRGINIA, IN REGULAR SESSION, AT 1:00 P.M., ON MONDAY, SEPTEMBER 29, 1977 FOR THE PURPOSE OF CONDUCTING PUBLIC BUSINESS AND WILL HEAR AND ACT L)PON THE FOLLOWING ITEMS: 1. CALL TO ORDER BY TFE HONORABLE CLARENCE A. HOLLAND, MAYOR, IN THE COUNCIL CONFERENCE Room. 2. ROLL CALL OF THE COUNCIL. 3. MOTION TO RECESS INTO INFORMAL DISCUSSION AND EXECUTIVE SESSION. UPON CONCLUSION OF THE EXECUTIVE SESSION, CITY COLNCIL WILL RECONVENE IN THE CITY COUNCIL CHAMBERS. 4. INVOCATION WILL BE GIVEN AT 2:00 P.M., BY THE REVEREND J. ALTON BUTTS, ST. MARKs A. M. E. CHURCH, VIRGINIA BEACH, VIRGINIA. PLEASE REMAIN STANDING FOR TFFE PLEDGE OF ALLEGIANCE. 5. ROLL CALL OF TFE COL)NCIL. 6. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 12, 1977. MINUTES OF THE REGLLAR MEETING OF SEPTEMBER 26, 1977. 7. ITEMS FOR SEcoND READING: A.) CITY COUNCIL IS REQUESTED TD APPROVE ON SECOND READING AN ORDINANCE TO APPROPRIATE FUNDS UNDER THE ANTI-RECESSION FISCAL AID PROGRAM TO BE RECEIVED FROM THE OFFICE OF REVENUE SHARING. B.) CITY COUNCIL IS REQUESTED TO APPROVE ON SECOND READING AN ORDINANCE TO ACCEPT GRANTS TOTALLING $67,338 FROM STATE AID TO PUBLIC LIBRARIES AND FEDERAL AID TO PUBLIC LIBRARIES AND TO APPROPRIATE THESE FUNDS. 8. LETTER FROM THE CITY MANAGER REGARDING THE APPLICATION OF SALASKY AND SEDEL REALTY DEVR OPMENT CORPORATION FOR A SUBDIVISION VARIANCE IN THE MATTER OF PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF HOLLY ROAD AND 33RD STREET TO PERMIT THE CONSTRUCTION OF SIX TOWNFIOUSES ON THE 14,000 SQUARE FOOT PARCEL. 9. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL DECLARE SURPLUS TWO CITY OWNED LOTS, LOTS 27 & 28, BLOCK 117, PLAT OF LAKEWOOD, ON 13TH STREET AND FURTHER, AUTHORIZE THAT THEY BE ADVERTISED FOR SALE AND BIDS SOLICITED. lo. LETTER FROM THE CITY MANAGER TRANSMITTING TFE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF E. A. SMITH FOR A CHANGE OF ZONING FRom H-1 HOTEL DISTRICT To R-a RESIDENTIAL DISTRICT ON CERTAIN PROPERTY LOCATED AT 58TH STREET AND OCEANFRONT IN THE LYNNHAVEN BOROUGH. ii. LE'(TER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COWISSION FOR APPROVAL OF AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 201, OF THE CZO PERTAINING TO FENCES. 12. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPOINT VIEWERS IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING OF A PORTION OF OLD PROVIDENCE ROAD IN THE KEmpsviLLE BoRoUGH AS PETITIONED BY THE SUN OIL COMPANY OF PENNSYLVANIA. 13. IFTTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE AUTHORIZING THE QUIT CLAIM CONVEYANCE OF EXCESS RIGHT OF WAY ADJACENT TO PRINCEss ANNE ROAD FOR 2.495 ACRES, LEAVING THE 0.219 ACRES AS REQUIRED BY THE CITY ON THE ESTATE OF FLOYD E. KELLAM. 14. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE TO AUTHORIZE AN ENCROACHMENT INTO A PORTION OF THE RIGHT OF WAY OF INDIAN RIVER ROAD. 15. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL ADOPT ON FIRST READING AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO NECESSARY CONTRACTS AND TO APPROPRIATE $100,000 FOR WATER SYSTEMS STLIDIES. 16. LETTER FROM THE CITY MANAGER EXPLAINING THE PROGRAM OF TFE DEPARTMENT OF MENTAL HEALTH IN THE TPEA.Tr4ENT OF THE 1,40DERATELY -'AND SEVERELY RETARDED AND REO.UESTS C I TY COUNC I L's APPROVAL OF Ti@E COiiS.-RUCTION OF A PIL:OT G.ROLF RESI@E@ITIAL HCIME PROGRAM IDENTICAL TO THAT ENVISIONED BY THE MENTAL HEALTH DEPARTMENT. 17. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL ADOPT A RESOLUTION MERGING THE NORFOLK-VIRGINIA BEACH-PORTSMOUTH, VIRGINIA-NORTH CAROLINA SMSA AND THE NEWPORT NEWS-HAMPTON, VIRGINIA S @ . 18. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE ON FIRST READING AN ORDINANCE TO APPROPRIATE FUNDS TOTALLING $1,463,000 FROM THE ECONOMIC DEVELOPMENT ADmINISTRATION: ESTIMATED REVENUE LC)CAL TOTAL Fgom OTHER AGENCIES MATCH APPROPRIATIONS FIRE TRAINING CENTER (CONSTRUCTION) $518,000 -0- s 518,000 RENOVATION OF MILLERS (CONSTRUCTION) 945,000 -0- 945,000 $1,463,000 ig. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE ON FIRST READING AN ORDINANCE TO ACCEPT $204,577 FROM THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY AND TO APPROPRIATE $204,577.00 FOR CETA - TITLE I EMPLOYMENT AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS TO CARRY OUT THIS PROGRAM; AND FURTHER, ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT RELATING TO CONTRACT 01-005-8 BETWEEN STAMA AND THE CITY OF VIRGINIA BEACH. 20. LETTER FROM THE CITY MANAGER RECOWENDING THAT CITY COUNCIL APPROVE A RESOLUTION STATING THAT THE CITY WILL ADJUST AND/OR RELOCATE UTILITIES ALONG A SECTION OF HOLLAND ROAD (FROM SOUTH PLAZA TRAIL To ROSEMONT ROAD). 21. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL ADOPT THE FOLLOWING ORDINANCES TO AMEND AND REORDAIN SECTION 5-7 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO BIRD SANCTUARIES: A) AN ORDINANCE TO AMEND AND REORDAIN SECTION 5-7 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO BIRD SANCTUARIES TO INCLUDE NORTH LANDING ROAD AREA. a) AN ORDINANCE TO AMEND AND REORDAIN SECTION 5-7 DF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING To BIRD SANCTUARIES TO INCLUDE THE SUBDIVISION KNOWN As FAWN VILLAGE AT INDIAN LAKE. 22. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE REQUEST OF MR. V. A. ETHERIDGE, CITY TREASURER, FOR TAX REFUNDS IN THE AMOUNT OF $172,69. 23. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE FOLLOWING STANDARD WATER/SEWER AGREEMENTS: GREEN RUN CORPORATION OF VIRGINIA BEACH SECTION E-3, GREEN RUN P. U. D. KEmspvlLLE BOROUGH WATER & SEWER GREEN RUN CORPORATION OF VIRGINIA BEACH SECTION F-3, GREEN RUN P. U. D. KEmspvILLE BOROUGH WATER & SEWER 24. LETTER FROM THE CITY MANAGER RECOMMENDING TFIAT CITY COUNCIL APPROVE THE FOLLOWING REQUESTS FOR BINGO/RAFFLE PERMITS: TRINITY CHURCH IN GREEN RuN RAFFLE GREEN RL)N SCHOOL P. T. A RAFFLE GREAT NECK ATFLETic AssocIATION RAFFLE 25. OLD BUSINESS, DEFERRED FROM THE PREVIOLJS MEETING, INCLLIDING ANY REPORT OF THE MAYOR OR COMMITTEES NAMED BY COUNCIL. 26. NEW BUSINESS, INCLUDING ANY PRESENTATIONS BY COUNCIL MEMBERS. CITIZENS AND ORGANIZATIONS. A.) RECEIPT OF PETITIONS AND PRESENTATION BY STUDENTS OF VIRGINIA BEACH COMMUNITY COLLEGE REQUESTING CITY COUNCIL TO AUTHORIZE INSTALLATION OF TRAFFIC LIGHTS AT TFE INTERSECTION OF PRINCESs ANNE ROAD AND COLLEGE CRESCENT. B.) PRESENTATION By ATTORNEY THOMAs GOODMAN REGARDING PROPERTY IN NORTH VIRGINIA BEACH AREA. 27. MOTION FOR ADJOL)RNMENT. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA October 3, 1977 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, October 3, 1977, at 1:00 p.m. Council Members present: John A. Baum, George R. Ferrell, @layor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council @lembers absent: Robert B. Cromwell, Jr.*, John R. Griffin, and J. Henry McCoy, Jr. ITEM #11300 Mayor Holland entertained a motion to permit the Council to conduct an informal discussion to be followed by an executive session for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, derlotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 3. Consultation with legal counsel and briefing by staff members, consultants, or attorneys per- taining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Vice @layor Standing, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Mayor Clarence A. @iolland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmeii Robert B. Cromwell, Jr., John R. Griffin, J. Henry flecoy, Jr. City Council voted to proceed into the executive session following the informal discussion. ITEM #11301 *COUNCILMAN CRO@IWELL ENTERED INFORMAL @,IEETING AT 1:05 p.m. ,vlayor Iiolland noted that the study requested by Councilman Griffin regarding the proper and efficient "Use of Volunteers" in the function6 of the City, where appropriate, was under study and would shortly be reported on by the City Manager. I 0 /3 / 7 7 - 2 - ITEM #11302 The City Manager reported to City Council that he, the City Attorney, and City Clerk would submit a proposal suggesting that Council utilize a "conselit agenda" as part of the regular agenda in an effort to stream- line and shorten the Council meetings. The consent agenda is used by other Virginia cities, and contains items which are noncontentious in nature and repetitious in form, such as approval of raffle permits, adoption of water and sewer agreements in which no money is expended by the City; appointments to Boards and Commissions and some items not appropriating fuiids which require second readings frorii those submitted. The items are listed in the agenda and are acted upon by City Council in one motion to approve and in certain matters are returned as a group the following week for second readings. The question was raised by Councilman Ferrell if any particular item could be removed from the submitted and acted upon separately should a member of Council so desire, he was assured that any item could be acted upon separately. The submission was referred to the City Attorney to draw up the proper ordinance to permit the use of a "consent agenda" ITEM #11303 The question was raised regarding who is responsible for the reconstruction, maintenance and operation of the Back Bay Pumping Station which pumps salt water into Back Bay. Vice Mayor Standing and Councilman Waterfield were suggested by Mayor Holland to be members of the Back Bay Salt Water Puinping Commission to act in behalf of the City. City Council confirmed tbe appointment made by Mayor Holland in this matter. ITEM #11304 At 2:00 p.m., City Council reconvened in the Council Chambers with the following members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Members absent: John R. Griffin, and J. Henry McCoy, Jr. The invocation was given by the Reverend J. Alton Butts, St. Marks AME Church, followed by t@ie Pledge of Allegiance. ITEM #11305 On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, Councilwoman @leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen John R. Griffin, and J. Ilenry McCoy, Jr. City Council voted to approve the minutes of the regular meeting of September 12, 1977, after being provided with the corrected items, and dispensed with the reading of said minutes inasmuch as each Member had a copy. I 0 /3 / 7 7 - 3 - ITEM #11306 Mayor Ilolland introduced Mr. R. Dean Lee, Chairman of the Virginia Beach Planning Commission. Mr. Lee stated he wished to speak today on the recent ruling by the Attorney General concerning the Freedom of Information Act. Mr. Lee stated that the comments in the paper distressed him greatly as it was eroding the citizens confidence in its public officials, and requested a vote of confidence from the Council. On motion by Councilman Waterfield, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. liaterfield, Jr. Nays: None Abstain: Councilwoman Meyera E. Oberndorf Absent: Councilmen John R. Griffin, J. Henry @IcCoy, Jr. As recorded in the minutes, City Council gave R. Dean Lee, Chairman of the Virginia Beach Planning Commission, and the other Commission Members their vote of confidence and support in the work they do. ITEM #11307 On motion by Councilman Payne, seconded by flayor Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. Henry McCoy, Jr. City Council voted to approve on second readin.- the following ordinance to appropriate funds under the Anti-Recession Fiscal Aid Program to be received from the Office of Revenue Sharing: 1 0 / 3 / 7 7 4 - AN ORDINANCE TO APPROPRIATE FUNDS UNDER THE ANTI-RECESSION FISC.@L AID PROGRAM TO BE RECEIVED FROM THE OFFICE OF REVENUE SHARING WHEREAS, the City Council is interested in complying with the Standards of Quality for Education set by the Commonwealth of Virginia, and WHEREAS, the Superintendent of Schools has requested funds for repairs and other needs for the City's education program, and ;,IHEREAS, the City Manager has identified a need for funds for repairs or other needs for several of the City's general operating programs, and WHEREAS, the Office of Revenue Sharing has paid the City one hundred thirty thousand, nine hundred and sixty-eight dollars, ($130,968). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds available under the Anti-Recession Fiscal Aid Program be accepted and appropriated for the following purpose: Estimated Revenue Total From other Agencies Appropriations Education $90,000 $90,000 General Repairs or Other Needs $40,968 $40,968 That the appropriations will be financed by $130,968 Estimated Revenue from the Office of Revenue Sharing. FIRST READING-.-September 26, 1977 SECOND READING:-October 3. 1977 On motion by Councilman Waterfield, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R, Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. Henry McCoy, Jr. City Council voted to approve on second reading the following ordinance to accept grants totaling $67,338 from State aid to Public Libraries and Federal aid to Public Libraries, and to appropriate these funds: AN ORDINANCE TO ACCEPT GRANTS TOTALLING SIXTY SEVEN THOUSAND, THREE HUNDRED AND THIRTY-EIGHT DOLLARS ($67,338) FROM STATE AID TO PUBLIC LIBRARIES AND FEDERAL AID TO PUBLIC LIBRARIES AND TO APPROPRIATE THESE FUNDS AS AMENDED WHEREAS, the City Council is interested in enhancing the quality of service provided by our Public Libraries, and WHEREAS, grants of $55,690 from State Aid to Public Libraries and $11,648 from Federal Aid to Public Libraries are available for this purpose, and WHEREAS, no local funds are required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT, the funds from the above two grants be accepted, and THAT, $67,338 be appropriated for equipment, supplies and books in the Department of Libraries in the Fiscal Year 1977-1978 Operating Budget as follows: PHOTOGRAPHIC SUPPLIES $ 5 EQUIPMENT 32,783 BOOKS 34,370 PHOTOGRAPHIC EQUIPMENT 180 TOTAL APPROPRIATION $67,338 BE IT FURTHER RESOLVED THAT, Estimated Revenues from the Federal and State governments be increased by $67,338 to finance the appropriation. ITEM #11309 Mr. Nick Cohen, Attorney, represented the applicants. On niotion by Councilman Riggs, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: CouncilmOn John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. Henry McCoy, Jr. City Council voted to refer back to the Planning Commission for its November, 1977, meeting, the application of Salasky and Sedel Realty Development Corporation's request for a subdivision variance on pro- perty located near the northeast corner of Holly Road and 33rd Street to permit the construction of six (6) townhouses on the 14,000 square foot parcel. ITEM #11310 On motion by Councilman Waterfield, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. Henry McCoy, Jr. Recently the City Manager was contacted by a private firm that was interested in purchasing two city-owned lots (Lots 27 & 28, Block 117, Plat of Lakewood) on 13th street. After researching this re- quest, officials of the Department of Public Works have informed the City Manager that Council previously declared as surplus Lots 40 and 41, Block 117 of the Plat of Lakewood on April 9, 1973. Since the lots in question are also in Block 117, since they are the only city-owned parcels within the block, and since their size and location make them unfeasible for municiple use, City Council voted to declare surplus Lots 27 and 28, Block 117, Plat of Lakewood; and further authorized that they be advertised for sale and bids solicited. ITEM #11311 Petitic)t,. of E. A. Siiiit@i fot, @i Cl,,on,,C 70r,41,@ !),@ .1 i Ist),ict Clis@ific;,itiori fi-c-iii Dis,,)-ic"'l-I to fl,-8 1- O-C t -, (i at St)-C,2t O'lea!ll@i,oi 151.16 fc,-t ilo,)c tiie S,),,It!, sic@e c,f :- -,@i stl-,,,,t, z; ,:.f feri@ @iie Li@s I)ro s o @@9 @11011@l tlic '!C-t Iiiie. S@,id -is in,)@.:Ii @F, @o't@s I 2, Y, [Ilz@t of and c:oii'aiiis 12,1,@)G @ c,, f t PI anni iiD Cc,,T,iii ss i on oil, A iii,, I i o i, @.jas D@,-Is(,cl bi, I-ecoi'deci vote of 11 for ti@e iiiotioii zi;i(I I aLstciitic);) to @Li,ill,ovc@ I'lij Foi, tlie iiii@oi-;@,iz)tion o,- it!,I)Iicziiit, tL) tll@ iSSL@a@ICL Of @, 'L'Uild'@llici Pel-i'@i @L , tlic 1)@, -ulil stalf: a, 1).@! tlic) Site 2. City @-.,Llte), [@l,(! 3. Aii of Ei C ilic;l b-, 1'equil'od 4. o,@ a sti@di\,i,,ioll plzit vocatil-,g @t,@ie e>@istitig lot Iiiic to C)"@atc. olle l(lu . 0 3 7 7 Mr. Thomas C. Broyles, Attorney, represented the petitioner Mr. Grover C. Wright, Jr., Attorney, appeared in opposition. On motion by Vice Mayor Standing, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilman George R. Ferrell Absent: Councilmen John R. Griffin, and J. Henry McCoy, Jr. City Council voted to approve the following ordinance upon petition of E. A. Smith for a Change of Zoning District Classification from H-1 Hotel District to R-8 Residential District: ORDINANCE UPOIT PETITION OF E. A. SMITH FOR A Z01077283 CHANGF OF ZONING DISTRICT CLASSIFICATION FROM 11-1 Hotel District TO R-8 Residential District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of E. A. Smith for a Change of Zoning District Classification from H-1 Hotel District to R-g-Reside@tial District on certain property located at 58th Street and Oceanfront, running a distance of 151.16 feet along the South side of 58th Street, running a distance of 94.79 feet along the Eastern property line, runnin.- a distance of 150 feet along the Southern property line and running a distance of 70 feet along the Western property line. Said parcel is known as Lots 1 and 2, Block 7, Plat of Ubermeer, and contains 12,866 square feet. Lynnhaven Borough. For the information of the applicant prior to the issuance of a building permit, the following will be required by the administrative @taff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. An extension of a minimum 6 inch water main will be required for adequate fire protection. 4. Recordation of a subdivision plat vacating the existing lot line to create one lot. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third day of October 1977 MAYOR HOLLAND LEFT CHANIBERS ITENi #11312 On motion by Councilman Cromwell, seconded by Councilman Payne, and bY recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, 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 R. Griffin, DIayor Clarence A. Holland, and J. Ilenry McCoy, Jr. City Council voted to approve the following ordinance to amend and reordain Article 2, Section 201, of the Comprehensive Zoning Ordinance pertaining to Fences: I 0 / 3 / 7 7 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 201, OF THE COMPRE- HENSIVE ZONING ORDINANCE PERTAINING TO FENCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINI-A: That Article 2, Section 201, Yards, of the C. Z. 0. is amended and re - ordained as follows: (d) Requirements relating to fences and walls in yards. (3) Fences shall be prohibited along that portion of a parking area of one or more parking spaces which is adjacent to a street, unless required by other sections of this ordinance or as a condition of a conditional use permit; except this shall not pertain to a decorative fence (excluding wire woven fence) with at least 75 per cent unobstructed light penetration which meets all applicable height limits for fe nce s. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of October 1977. ITEM #11313 On motion by Councilman Payne, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Bauni, Robert B. Cromwell, Jr., George R. Ferrell, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @lavor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen John R. Griffin, and J. Henry McCoy, Jr. City Council approved the following ordinance appointing viewers in the matter of closing, vacating, and discontinuing a portion of that certain street of variable width known as Old Providence Road: Slili)ill;ljl oi:, il@(@ TI; 17 sti@'@ 0.1 il 1 9 P ],T TIJ): l' TITT@ f; o]@ C L 01' V F ]@C, 1j", -L 1,@l@i @c) Your pol C)3,L,17, Slli) Oi 1 (,C-, r, I@'lly C,f full@, TliIL FIILIT)i- to tj@.,@ C)J- @15. oi CC)dc,, C)f vi 50 foi- i t C)I- @l3@ c, %@'l) i cli @i F, iiio i c,,i ].,a r r c)c7t as ALI, C)f (,l C', ]'C) d Pl,,It oil for @u;i oi.L Sc,l)tc-)j,tl)(,( 7 I 1) 7 7 niadc@ ))v r I, @l CC)"V C)i hjiviiicf f il@(,d tli t,l)(@ AI)p 1, :@c)ii @c)r Si-)-Cct Cl-C, it Lli(:, 1)2 z@llliin(I cel]te3:, Ci-t@, of Vi-:-,,,'-Yiia \7j D-g rlla. 2. TliFit Pctitioner i-@, fc,,( sip@i,lc-, o@@;iicr of tlic,, 1),ircc@l o@@ a))ul--E; tl)o EUL)icc,,i: st3-c@(2t or linc, on L-lic,- North s'--de. -iic-o wi 11. rclsul.t to any pers;c)ns 3. ThEit nc) iiicorivc@nic, reasc)n of tlie @;Lj-(l vcic,@lt@on and C)i F;coiitinuii-ice Df tl@e said strect or lai-ie, and tlcl Petit-ioiier prz:tyf,, i-liit tliis Coulic,@i-I @!I)I)c)ilit vi-ewc!rs as provi.dc)c3 by IE-tw to vi.C)-w tl)i@@ ,,,trc-@et or lan6 proposed to Y)c@ clo@-,od @@jicl -o r(',,-)ort in @@riting to t-lic, cc)ullc,@il C)II c)l-- 1)(,for(-, tlic-, 1-4t]i of N-,)vclil,)(2r, 1977, whctl) 'e)- , in tllc) opil)ioll of thc-, sai(i ii-iy, @ii@cl if in@,, wlial-,, incoii\,c-,i)jc-,iice V@CDUICI ()f tll(:, ,@,i i ci ttA',)AY, c,liviERI @tr(,Ct or ]Eine l@(,i: 4 (i@ly o" C) i- C'@@l, ioll tll(@ C(-, L ill c@, tllc-, C 0 1)@ C, I 0. Eall@l @-@t 1),@ c ti@ SC, anO Ai:cti c zis l@y tlie 7@f i da,,,@ L L@-. chccl Jici-c,-Lo, @,l CC)I'Y C)f c"; I C-,. Rc?.,;,,c,.-I fttJJ,, Li i t t C) (;Ijll oll@ coll@l,,@,'@)' l@y I \7; 23461 LADAY, l@ NIA I'@ c] I-,:, - c C'@-. rj t 1 i Cit@, Colli@ci-l- C'f t@lic Cit:@, C)f Vi] vil-cj4l-l:i@l, f@)l@ tlic,, Vi(-,@.,c@r@ t.c) vic!@@ tllc@ )),!low v "ill@ rc,])03:i: .11) to tl)C)@ t I I (@ 0@L I I i1) C) t' saic@ al@1C. i.f Zll)Y, rice- frol-I tl@,, ol.- laiie, @,,ncl f-i@cd Cill,Y oil v Tllat, C. Oral Lambert, Robert J. Scott, and George E. Tinnes to rel)c@i7i@ in x,,, i.t ;11,@ Lo tlic, c)n c)r wl@ctl)c-,r ii) tl)ei l' ic)ll i- l@ zilly iriCC)Tlv,) @,iould fl.()In tl)c OL a I cortaii@ or @iii t)-ic 13,)roiit il o.F t-li City of Virgiiiia Llc,,ach, Virgij)3a, rl-iore particulaily as follo@qs: ALL tl@at certain strcet or lziiic,, sitiiejte in tlie Borougli of Kempsvj-llc,,, Cil.y of VircTini@, Beacli, known a@@ a porl:j-oii of old ill-o@,idel)@e Poad as sliown oii a Pl&t entil-led "Pl@,t Slio@,,jn(T Propert@, Locatied oii Iiidj.ziii IRi"'Cr i3id Prc)\,@clc-,nce ]@C)ad for Sui-i Oil Cc)iri),ii@y", (icit(2d 7, 1977, iiiade b@, Ilzi@!icll'& Sui-v(,,yo3-s alic', Eligin(@(--@rs, PortF,i@iotiLli, Vi):gi.i)lzi, a coi)y c)f @,,Jj-d Plat lizavill@, be(-,ii filc,Ct with t-lic Apj)lic@,itioll for P)trc@c-,t CIC)Siirc@ at tlie ill@-,iiiiin(i IILIllicip@ll Ccntc@r, City - of Virgi-iiia Bc,@ICIA, Vi)-giliii. LLAL'AY, l@4@AN &, ,!,@ 1. IIA "'GINI/, - 1 2 - ITEM #11314 MAYOR IIOLLA@'ID RETURNED TO CHAMBERS On motion by Councilma- P.yne, second@d by Cou.cilman Fe,@.11, and bY rec.rded @ote as f-11-@s: Ay@s: Coun.ilm.n Joh. A. B@@m, Rob.@t B. Cr.-ell, Jr.,,G.Og. R. F@rr.11 Mayor Clar@ne. A. H.lland, C-u-cilw-man Mey.ra E. Obernd.rf, J. Curtis P.yne, Roger L.Riggs, Vi@. M.yor P@tri@k L. St@nding, nd Fl.yd E. Waterfield, Jr. Nay.: No.. Absent: Co.ncilmen Joh. R. Griffi., ..d J. Henry McCoy, J@. Trust..s f th. E.tat. of Fl.yd E. K.1l.. dedicated, in June, 1973, a 12-foot wide strip f prop.rty di.cent t. P@ince.s An.e R.ad @.n- taining 0.219 aer.s. Thei@ attorney e@ently di..ov.red a titl- def.et in this d.di@ati.n; spe.ifically, the deed convey.d 2.714 acr.., i.st.ad f th. 0.219 Cl@. s i.t@nd.d. Ther.fore, City Cou-@il @ot.d t. appro@. the foll.@ing ordi.an.. a.thorizi.g the Quit Claim Co.veyanc. of E ... ss Right-Of-Way Adjac..t to Princ@.s Ann@ R.ad: AN ORDINANCE AUTHORIZING THE QUIT CLAIM CONVEYANCE OF EXCESS RIGHT OF WAY ADJACENT TO PRINCESS ANNE ROAD WHEREAS, Annie B. Kellam and Floyd E. Kellam, Jr., Executors and Trustees, under the Will of Floyd E. Kellam, did dedicate and convey to the City of Virginia Beach, Virginia, a twelve-foot wide strip of property adjacent to Princess Anne Road containing 0.219 acre, which property was a part of Parcel "C" as shown on the attached plat; and WHEREAS, contrary to the intent of the parties the deed of dedication proports to convey to the City all of Parcel "C" containing 2.714 acres; and WHEREAS, it is the opinion of the City Council that the balance of Parcel "C" containing 2.495 acres is in excess of the needs of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a Quit Claim Deed and release to Annie B. Kellam and Floyd E. Kellam, Jr., Executors and Trustees, under the Will of Floyd E. Kellam, deceased, the right, title and interest of the City of Virginia Beach in and to the following described excess property, to wit: That certain tract or parcel of land now containing 2.495 acres, designated as "Parcel 'C' 2.714 Acres See M.B. 92, PG. 43," on that certain plat entitled "Property Dedication To The City of Virginia Beach, Virginia, From Floyd E. Kellam Estate In The City of Virginia Beach, Virginia," dated May 23, 1973, made by Langley, McDonald & Oveman, Consulting Engineers, Va. Beach, Va., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 96, at Page 45, reference to which plat is hereby made for a more particular description of said property, EXCEPTING HOWEVER, the two drainage easements dedicated to the City of Virginia Beach, Virginia, as shown on the aforesaid plat, by instrument dated May 16, 1968, and recorded in Deed Book 1067, at Page 273, and by instrument dated June 8, 1973, and recorded in Deed Book 1355, at Page 142. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 day of Octobe@ 1977. 10 37 7 1 3- Oii motion by Councilman Ferrell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr;, George R. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. Henry ?AcCoy, Jr. During final inspection of Indian River Road Project UOOO-134-104, R/W 201, the staff of the Public Works Department determined that two signs partially overhang tlie right-of-way. This c6ndition causes no design or safety problems, however, City Council voted to approve the following ordinance to authorize an encroachment into a portion of the right-of-way of Indian River Road: AN ORDINANCE TO AUTHORIZE AN ENCROACHMENT INTO A PORTION OF THE RIGHT OF WAY OF INDIAN RIVER ROAD BE IT ORDAINED BY THE COUNCIL OF THE C,ITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-377, Code of Virginia, 1950, as R,mended, Pbil Abrams and Angie Abrams, husband and wife, the owners of a certain parcel of land situated on the south side of Indian River Road are authorized to maintain an encroachment into the right of way of Indian River Road. The encroachment herein authorized is for the maintenance of an existing sign as shown on page four of the plans for Indian River Road Project Number UOOO-134-104, RW-201 on file in the Department of Public Works, Municipal Center, Virginia Beach, Virginia. Provided, however, that such authority and permission so granted shall be held by the said owners or assignees and deemed to be merely a license and shall be revocable at the pleasure of the City Council of the CitY of Virginia Beach, Virginia, and that upon revocation all encroachments in, upon or over such public street shall be removed at the expense of such owners r assignees: and provided, further, that nothing her6in contained shall be construed to relieve such owners or assignees from liability for any negligence on the part of such owners or assignees. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of - October 1 1977. Note: For state law for municipality authorizing encroachment, see 15.1-893, Code of Virginia, as amended. 1 4- Requested by: City Manager AN ORDINANCE TO AUTHORIZE AN ENCROACIBIENT INTO A PORTION OF THE RIGHT OF WAY OF INDIAN RIVER ROAD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-377, Code of Virginia, 1950, as amended, Homer Armistead, Jr. and A. S. Morrison, Jr., T/A Armistead Morrison Company, the owners of a certain parcel of land situated on the south side of Indian River Road are authorized to maintain an encroachment into the right of way of Indian River Road. The encroachment herein authorized is for the maintenance of an existing sign as shown on page four of the plans for Indian River Road Project Number UOOO-134-104, RW-201 on file in the Department of Public Works, Municipal Center, Virginia Beach, Virginia. Provided, howev(,,r, that such authority and permission so granted shall be held by the said owners or assignees and deemed to be merely a license and shall be revocable at the pleasure of the City Council of the City of Virginia Beach, Virginia, and that upon revocation all encroachments in, upon or over such public street shall be removed at the expense of such owners or assignees: and provided, further, that nothing herein contained shall be construed to relieve such owners or assignees from liability for any negligence on the part of such owners or assignees. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of - 1 1977. Note: For state law for municipality authorizing eneroachment, see 15.3.-893, Code of Virginia, as amended. I 0 / 37 7 1TEM #1'@.316 o@ ..ti.. by C ... 11, @-.@d.d by c ... Rigg@, @.d by Ay.@: c...@il... J.h. A. B.@., R.b.It 13. C,.-@ll, J,., G..Ig@ R. A. H.ll,,@d, M,y@@. 1-:,. Ob.@.d.1f, ..d C.@ti@ P @y@,, R.g.@ L. Ftigg@, Vi@@ Ni@ly-' Fl.yd E. W.t@@fi@ld, J@. N... Ab ... t: j.h- R. G,iffi@, @.d J. li@.,y kl@c.y, J,. City c ... @il v.t@d t. PP@-@@ -- fi@-t @.di.g th@ f@ll 'wi@g .@di... .@th.@i.i-9 th@ City M-@g.@ t. ..t@, i@t. t .. t. .d @pp@.P,i.t. $100,000 f.@ ..t@@ @,Y.t@-- t.di- : A@ .@tli-@ -f th@ @O@'t@ @d it@ ti.@ ph@l"@ -1@ S@,h@d.l@ P@.j,,@t 2-3 M.@th, $20,000 E.gi.@@'i.g R@p-It 4-6 14.@th@ $40,000 S@h...ti@ D..ig- 2-4 M..th. $15,000 IV. P-li.i ... y D.@lig- 4-5 NI-@th- $25,000 11-18 M@,@thl $100,000 ci I f i iIi I I NOI@, i I 1, )v "j": c@'y .1, ti@,,@3 l*,i 00 , P,(,O i, Q f,,, I l@ i.... ..... ..... ..... @__1977 I 03 7 7 1917. ITEM #11317 On motion by Vice Mayor Standing, seconded by Councilwoman Oberndorf, ,and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Nays: Councilman Floyd E. Waterfield, Jr. Absent: Councilmen John R. Griffin, and J. Henry McCoy, Jr. City Council voted to approve the Home's concept. It was noted that the Mental Health and Mental Retardation Services Board has previously done so. Provision of residential facilities and programming for moderately and severely retarded Virginia Beach residents has been a goal of the Department of Mental Health. Recognition of this goal by the City administration is evidenced by the inclusion in the CIP of a trans- itional living and treatment center. A pilot residential project, identical to that envisioned by the Mental Health Department, has been developed by the Virginia Housing Development Authority utilizing HUD Section 8 funds. On November 16, 1976, a proposal was submitted to the V',IDA by the Volunteers of America, with technical assistance from the Virginia Beach Department of Mental Health. One month later, VOA and the Department of Mental Health were notified that the application ha(i been accepted. In essence, the VHDA will grant to the VOA approximately $250,000 for the construction of a group home. This grant will be used to cover land purchased, architectural fees, construction, and landscaping. In addition, VHDA will function as a public mortgate lender and will offer a 40-year mortgate on the facility. The group home, when constructed, will be paying property taxes to the City and will have the same responsibilities as any other home- owner. A local architect will be hired in order to make the exterior facade compatible with other buildings in the area in which it is lo- cated. The sponsor of the program locally is the VOA, a private, nonprofit group with a long history of involvement in human service programs. VOA will thus be the owner and operator of the group home. 10/3/77 ITEM #11318 On motion by Councilman Cromwell, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Ilolland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standin.-, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen John R. Griffin, and J. Henry McCoy, Jr. City Council voted to adopt the following resolution merging the Norfolk-Virginia Beach-Portsmouth, Virginia-North Carolina SMSA, and the Newport News-Hampton, Virginia SMSA. Such a merger would mean that the Tidewater/Hampton Roads area would be designated in the "Top 5011 national market classification for business purposes. Such a designation would be of assistance to the area in attracting new businesses, with the resulting benefits: RESOLUTION OF AGREEMENT The Virginia Beach City Council, in order to promote the Tidewater Area of the Commonwealth of Virginia, said area being comprised of the Standard Metropolitan Statistical Areas (SMSA) of Norfolk-Virginia Beach-Portsmouth, Virginia-North Carolina SMSA and Newport News-Hampton, Virginia SMSA, does hereon petition the United States Department of Commerce to consolidate the aforementioned Standard Metropolitan Statistical Areas into one Standard Metropolitan Statistical Area, to achieve an increase in population in the forthcoming national census, which will enable the Department of Commerce of the Federal Government to designate the subject Tidewater area as being in the "Top 50" national classification for business purposes, to receive additional promotional support, to increase national exposure, to generate tourism, to provide greater leisure and entertainment facilities, and to become the first Virginia market area ranked in the "Top 50" market areas, and does invite the component cities and counties to adopt a similar resolution for the mutual benefit of our area. Mayor Clarence A. Holland, M.D. 7iijiU -18- On motion by Councilman Waterfield, seconded by Councilman Payne, and ,by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen John R. Griffin, J. '@lenry McCoy, Jr. City Council voted to approve on first reading the following ordinance to appropriate funds totaling $1,463,000 from the Economic Development Administration: AN OIZDINANCE TO Al'I'IZOIIIZIATE F[JNDS TO'FAI,ll\'G $1,463,000 1--RO@%l 'I'liE ECONOMIC DL-VELOP@IEN'I' AD@IINIS'FRATION WIIY-l@F@,AS, tlic Vir,,,,ini,-t lio.,icli City coulicil, o,i July 5, 1977, iutliorized tlie Ci.ty Nianager to Icccpt all allard, estiaifltcd at $1,463,000, froiii "lie Ecoiiolllic Developiiiciit Acbjtinistrati.on (!:L)A) for tlie ptit-pose of constructing a li3,c 'i@rlining, Center and renovatiri,@ 14iller's for thc Social Scriices Departi)iei)t.; ziid IVIIER'L-AS, the Li)A lias iow approvcd fui)clj.iig totalifig $1,463,000 for tliesc projects. NOW, TIIEIZEFO',ZE, BE IT ORDAINED BY 'I'IIE COUNCIL OT-' 'I'IIE CII'Y OF \IIIZGINIA Bl"ACII, VIRGINIA: Tliat fuiids frciii tlic 1-@DA be approl)riat(,d for ti@e follol4ing I)urposes: UstiiTi,,itcd lZev(,.iiuc l@oca,l Toti I fi-c.)iii Apejicies t%l@itcii AR,)Li)rj.atioit@, Fire 'Fra:i.i)ij@g Cciit(@r (coiisti@iici:ioli) $518,000 -0- $ 518, 000 I'loiiov,,itioli of Nlillers(colist):Uc@t@1Q)lk) 94 5, 000 -0- 945, 000 $1, 463, 000 Tliat the appro@,)riatiojis ivill I)c fin,,ijiced I)y $1,463,000 estiiiiatod i.,cvcjiuc from tlie L:DA. First Reading: October 3, 1977 Second Readiiig: Adopted by tlie Coiiiicil ol.- tlie City of Virginia Beacli oli tlie @p 1 0'77 1 0 1 9- On motion by Councilman Payne, seconded by Mayor Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Mayor Clarence A. Holland Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, @ice Mayor Patrick L. Standing Nays: Councilmen Robert B. Cromwell, Jr., and Floyd E. Waterfield, Jr. Absent: Councilmen John R. Griffin, and J. Henry McCoy, Jr. City Council voted to approve on first reading an ordinance to accept $204,577 from the Southeastern Tidewater Area Manpower Authority, to appropriate thes6 funds And to Authorize the City Maftager to enter into the necessary agreements to carry out this program: i'o j@l' 10 tlic: lizis al)l)rov,!(! f(,r lici@" 'I'il:l I I tiii(l@i: tl I!:Inl)@oyiiieili: aiici uf tho Ci-L@, of t(@ co,,L.*Liltic@ its CEF.A Title I Eml)loyiii(@,nt COtli@C]@l, ()r Till' Cl'i'Y BCACII, TIi,al: ii f f3:(,:@, S'P!,,;,ll@ I,c, @,'co d , coil 'C iii)Oll fiiz@l l@y @Clic IT.S. [t ccl Tc) L;i -1@ ( 'i 14 .11-7 C) 0 Tliat l@lie C:iti@, to 'clic t@o car,:.,,, out: i)i:o-rzl,!I@ Tliat-. tlic ii@ii@ilic(,d IOC)% b3, fitii(l@. 110 loci]. iiiitcli rccjttircicl. October 3, 1977 Seconcl Adol)tc(l ])y tli(@ C;olll-@,cl@l of Llic, Ci-L@@, C)f Bcacli Oil tlie. d,iy of 1.977. 10/3/77 2 0 - Oii l@,C)t:i(,Il 1,@ Councilman_.PAyne Mayor Holland A Al@J) V) I',Gfl@j A: Tli,tt Lli (:j L,,, t],U C.@i @T I t I)ol-i @oc! t-,, zi (@c,ri L i:;ic t I - 0'1)5- @3 I)c t ii L 11(@ 13@ Ll) t -i',i c] i: Ai (,;i T @%iil i /@t, tl i ,i)i(I Llic' (@iL,\' c@f Vi j- @@i ;i fo): t il of e,@ L@ll) Ii,,il) in iicni L l! 1: I)u,, il ;1!11 ol- i ii, @]It ziiicl AcL@ of 1.9-/.3, ])Y l@lic-- 13(1'!'Zll i@- iiicl)t (,l C)f Llic (:j@y ,f ti.j-,, Thirdd,,,@ of October 1,)77 14;lyor I 0 3 7 7 2 1 - ITEM #11321 On motion by Councilman Waterfield, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. liolland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: lione Absent: Councilmen John R. Griffin, and J. Ilenry McCoy, Jr. City Council voted to adopt the following resolution stating that the City will adjust and/or relocate utilities along a section of Holland Road (from South Plaza Trail to Rosemont Road): At a meeting of the City Council of Virginia Beach, Virginia, held this Third day of October -, 19 77 , the following resolution was adopted: WHEREAS, the Highway Department proposes to construct or otherwise improve a section of Holland Road from 0.080 miles South of South Plaza Trail to 0.189 miles of Rosemont Road designated as Highway Project: UOOO-134-114, RW-201, C-501; and WHEREAS, the City Council is responsible for making arrangements for the adjustment and/or relocation of certain utilities and for the installation of any new facilities; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Virginia Beach hereby certifies that all arrangements have been made or will be made for the relocation and/or adjustment of said utility facilities, and for the installation of any new facilities. In the event of any justifiable claims from the road contractor for delays or interference caused by said utilities, the City of Virginia Beach hereby agrees to be responsible for said claims, provided it may legally do so and further provided that the City is advised in writing by the Highway Department at the tim@ of delay that the road contractor intends to file a claim. Said Utilities are identified as follows: UTILITY OWNER TYPE OF FACILITY City of Virginia Beach Water and Sewer Virginia Electric and Power Company Electrical The Chesapeake and Potomac Telephone Communication Company of Virginia A copy teste: Adopted by the Council of the City of Virginia Beach, Va., on the Third day of October, 1977 Clerk Mayor City of Virginia Beach I 0 / 3 / 7 7 ITEM #11322 On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. Ilenry ticcoy, Jr. City Council voted to approve the following ordinance to amend and reordain Section 5-7 of the Code of the City of Virginia Beach, re- lating to Bird Sanctuaries (@lorth Landing Road - centerline easterly 500 feet and westerly 500 feet and running parallel to North Landing Road from the south line of Indian River Road to the Chesapeake City boundary line on the Intercoastal Waterway): AN ORDINANCE TO AMEND AND REORDAIN SECTION 5-7 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO BIRD SANCTUARIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-7 of the Code of the City of Virginia Beach, Virginia, is amended and reordained by adding subsection (i) as follows: (i) All that certain area located in Princess Anne Borough being described as follows: From the centerline of North Landing Road easterly 500 feet and westerly 500 feet and running parallel to.North Landing Road from the south line of Indian River Road to the Chesapeake City boundary line on the Inter- coastal Waterway. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach on the 3 day of October 1977. 1 037 7 2 3 - Council deferred consideration of the following ordinance to amend and 'reordain Section 5-7 of the Code of the City of Virginia Beach, relating to Bird Sanctuaries (Fawn Village at Indian Lakes) for one week: A7@ O!' %T] ]-,C; i 7@IA: C@iL@, of Z!s ])Y Sc!ci:i@)II 5-7 (1-@) tl:c DEFERRED FOR ONE WEEK Adopt(i@" i,v c,i fil,@ (;:ity C,@ C)II d@@Y OJ ITEM #11324 On motion by Councilman Ferrell, seconded by Mayor flolland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Crom@vell, Jr., George R. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. Henry McCoy, Jr. City Council approved the following tax refunds in the amount of $172.69: 2 4 - f i f@o $172. 69 oii )i(@ 3rd dcy October l@@ ill'T 3,@t@ - 2 5 - ITENI @-11325 On motion by Councilman Ferrell, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Alayor Clarence A. Ilolland, Councilwoman 14eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @,layor Patricl: L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Jolin R. Griffin, and J. Henry McCoy, Jr. City Council approved the following Standard Water/Sewer Agreements: Green Run Corporation of IVater/Sewer Virginia Beach, Section E-3, Green Run PUD Kempsville Borough Green Run Corporation of Water/Sewer Virginia Beach, Section F-3, Green Run PUD Kempsville Borough ITEM #11326 On motion by Councilman Waterfield, seconded by Mayor Ilolland, and by recorded vote as follows: Ayes: Councilmen Johia A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, @,layor Clarence A. Ilolland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: 'Tone Absent: Councilmen John R. Griffin, and J. Henry McCoy, Jr. City Council approved the following raffle permits: Trinity Church in Green Run Raffle Green Run School PTA Raffle Great Neck Athletic Association Raffle ITEM @11327 Mr. Bill Hart, Assistant Professor of Accounting, at Tidewater Commiinity College appeared before Council requesting that they authorize the install- ation ofatraffic light at the intersection of Princess Anne Road and Colleg(-,, Crescent. @.1r. Hart stated that within the last three (3) years enrollment at the college has doubled, and the problem is a dangerous one, tirs. Alice DeBois, student, also appeared regarding a traffic light. Ms. Susan Hoggard, President of the Tidewater Community College-Beach Campus- appeared regarding this matter and requested that this light be installed immediately. The City Manager stated tbat a traffic light will be placed at tlie intersection of Princess Anne Road and Lynnhaven Parkway within three (3) weeks, and he has requested an engineering study, which should be finished within two (@-) weeks, regarding the placing of a light at Princess Anne Road and College Crescent. Councilman McCoy was unable to attend the meeting, however, he did write a letter to Mayor Holland and the other IkIembers of Council. A copy of the letter follows: 1 0 / 37 7 2 6 - ,c;,pteiiibe.r -50, lq77 To: Dlayor Clai-@eiiep, lloll,.tnd @.n(i lic@l,lber,3 of the VirCiii4 ,i 13eacl, Ci@l,y Coiincil ','inc,.e I v.,ill be iiii@)ble to a,tt;(@.n, the co=cil Tqe(,,ti.ng on l,lori@lay October 3, 197'( aild E@'irice tlierc i.'3 'in-, itcm on l,lie c)f prim(,' i.iitere-t to me (thc iiitc-@,cction probl(,,i@l ,,t iiinc !'ca,,! a,nl C,)llr-@,e CrefcenA,), I aTa writ4.n@, to exprc,,-s @-,Iy views 0)-1 tlai@, vp:r,.,,, iT@ipoTL,,,int As you a,ve T li;@.ve been co@irorned a.I)C)ut thc,, widen-'Iii.- of' Prince@;-- for scme. tim(@, a,nd thi-3 very tra@,,-ic ,vent of last v@eek (the -iifo7-obile only -,crvfr to ar,,plify iny coiiccrns. liot only is tl-ie int(,.r@@ection it '.Cidcw,@ter @,oTnunit--@ Collel@Ei a liazzarLI, hut ,3o arE,. thoge aL '@outh l,ynih,@vcn Corn(,r -Lhe --ntrance to the navy hoisinr, I)roj(,,ct, l,c),,id ),ili Ilrovicience Itoi@l. 'ilie rotd mii8t be wi,3(-,Ie(I to ,n adeciiat(,' T,,cdi-ax,, 1,qne,g at iltipol"@tfit rell n(@ECie,,i t3,2f,-ic s5jr),@a"i. T ,in, ve-cy a -w@-,Lre tha,' T;(@ 1)(,,(@n for I)c).,@-ibl-e 11(@deral Irapici@ '@"Wids -to male tri@@ n(@(@@it@d on t@i)nc,. lloa(l. I iii fav()r c,' scrLitpl,iric tliis ,)].an -,iici iiicv@Iiig on v@ith thf, 1)@,oject o,,;r-elv(!S. levertlie the safety of tlie ro,,ad hai d(,t(-@)-ioiated -,o Ppidl," a.lready, not -@o inentioii v@hat '@,,iv@, )@@@ou,3in?, P-n(i @'.iiiigtriiii ire t,,-Oine, to do to it, LliLt some changf,,s are ric@cdcd noi-t. I v;ill li,-,t iqy su&,6e3tioii@. 1. Lov;er tlie speed li.mit froin Tdv,,i.n )rive, to I,,-Lndstov,@-n lioztd fror,l 55 miles per hour to -)5 Dlil.(,'g per hour. 2. Inst@ill tlie alreidy bu(i,(,etc@,cl lif,fit at South Lynnhaven Parkv;ay and Prinecrs '@nne l@,ad as -@oon as p,)FE@ible. 3. Install @t li@lht !-L Collef@e Cre@3('@(131t itid Ilrincers Ai-iiie "oii. If tliis roi(I Ehould clo--e 1,,.i,te)-,, the licht could I)e inov(,'tl. Ce3?tainl,, vie i,.iu,-@t have co,,.ie eTnerCency fwids ttiat could cover the cost of one slc)p lit@,ht. 4. Fncoi).r@iffe i;laf, Greeri II,-in Corpor@ition to speed up tlie (le-velol)lR('nt of Forf@rAollt to ol,en clireci@ly into the front of the collece (Thi.,i coul,l cvcn lead to tlie clo@-iiig of Collct,e Cre-cont a.ltogeth(@i,.) 5. ituiY tilt,, T)OssiL)ility of ot)eiiine ,in additional t:rtery parallel @o Collel,,(,, (@rer@c,.Pnt intr tlie T@lis woul(i @,lloy,, ti.@-.ffic comirig ;i.ni goini, @rcir,.t opporite dirc.,ctionS to llIvE'. SepE.,rite entrances and exits ind woii]-ci i,),,@ptly aid visability. 2 7 - DII. J. IIEN[IY Mc@(-,OY, IR. 1010 IIE NI LY I ANUINC@ V RC@IN @ FE@CII, V@ 2:1162 VIRGINIA BEACH C TY COLI@-CIL KEMPSVILLE CUr.OL@GH l,layor (@larenc,(-, Holla.n,-i iiiid I'cpibe@,s of thc? Vir,linia Lr,@cli Ci@;y Coimcil Paf4e 2 I @at thip pc)ini, v@,- P.11 CITICLiolial. ig,@ille, I)I't C,',') not eva@le tiie probl@,,@@ @icpc t)@@,,t il, viill 'C) ov(,,r,,on(@ on Coun,,il tliir r(,,@,d fr,)ni time to ti;,-,@ ,iyill ha@, 9@(',n lio-0,@ it has becoT,.P. I sincerely ,2k e,,cli T;i@'itlie to pl,(,,,@@,e try to attpritic@ii oih thi@ ve),.,@ vit@-1, y@t @,@(,,ry her, ect f ill ly, cc: ])r. j)r. @,lich,,ael L,,,-,@oiive ],',r. R. Piilley - 2 8- ITEM #11328 Mr. Thomas Goodman, Attorney, appeared before Council regarding certain property in the North Virginia Beach area. Mr. Goodman stated that he had before him a letter of intent, which Council had the original, stating that Lake George Corporation offers to convey by Special Warranty Deed, to the City of Virginia Beach, each of the areas designated in the streets on the Plat of Cape Henry, Sections D and E, from 63rd Street to 88th Street, excluding 75th Street, as outlined in red. This conveyance will be upon the sole condition that the City keep, use and maintain the perpentuity which is the center 50 feet of each of the above described areas designated as streets to be used as a public thoroughfare. This offer is made expressly without prejudice to any rights to any parties, Mr. Tazewell T. Hubard appeared on this matter and suggested that Council take no action and that the matter be referred to the City Attorney and the City Manager for study. After considerable discussion, Council requested Mr. Goodman to send to the City Attorney an advanced copy of the deed, and further stated that they would let their decision be known within two months. ITED@i #11329 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. @Henry McCoy, Jr. City Council voted to reappoint Mr. W. S. Fenner to the Personnel Board for a term of three (3) years, beginnin.- October 3, 1977, and terminating October 2, 1980; and further voted to appoint the following: Mr. Charles W. Gardner to @4arch 6, 1980 term ending fill the unexpired term of Mr. Claiborne Bryant Mr. Albert Bonney to fill March 6, 1980 term ending the unexpired term of Nir. Clark W. Fleming ITEM #11330 On motion by Mayor Ilolland, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice tlayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen John R. Griffin, and J. Henry McCoy, Jr. City Council voted to appoint Mr. R. R. McChesney to the Wetlands Board, for a term of five (5) years, beginning September 18, 1977, and terminating September 17, 1982. 1 0 / 37 7 - 2 9 - ITEM #11331 On motion by Councilman Waterfield, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. Henry McCoy, Jr. City Council voted to reappoint the following to the Virginia Beach Development Authority: Alfred W. Craft, Jr. Four year term, beginning October 3, 1977, ending October 2, 1981. Willard P. Whitehurst Four year term, beginning October 3, 1977, ending October 2, 1981. ITEM #11332 On motion by Councilman Waterfield, seconded by Vice l@Aayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. Ilenry McCoy, Jr. City Council voted to reappoint the following to the Virginia Beach Commission on Arts and Humanities: Mrs. W. C. Sawyer One year term, beginning October 3, 1977, ending October @, 1978 Mrs. Beatrice B. Lovitt ITEM #11333 On motion by Vice Mayor Standing, seconded bv Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. Ilenry AIcCoy, Jr. City Council voted to reappoint A. M. Fox to the Building Board of Adjustment and Appeals for a term of two years, beginning October 3, 1977 and terminating October 2, 1979. 1 0 / 37 7 - 3 0 - ITEtl "'II334 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 P. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. He@iry TIcCoy, Jr. City Council voted to reappoint Doctor E. Spencer Wise to the District Commission for Hampton Roads Air Quality Control Region, for a term of two (2) years, beginning October 3, 1977, and terminating October 2, 1979. ITEM #11335 On motion by Councilman Payne, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, 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 R. Griffin, and J. Henry McCoy, Jr. City Council voted to reappoint the following the Historical Review Board: RADM Martin P. Hottell two year term, beginning October 3, 1977, and terminating October 2, 1979 Mrs. F. K. Turner two year term, beginning October 3, 1977, and terminating October 2, 1979 ITEM t-111336 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, Mayor Clarence A. Ilolland, 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 R. Griffin, and J. Ilenry @IcCoy, Jr. City Council voted to reappoint the following to the Board of Electrical Examiners: Howard M. Plorris two year term, beginning October 3, 1977, and ending October 2, 1979 Carl B. Harris two year term, beginning October 3, 1977, and ending October 2, 1979 1 0 / 3 / 7 7 ITEM #11337 -31- On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, @layor Clarence A. Ilolland, 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 R. Griffin, and J. Henry @,,IcCoy, Jr. City Council voted to reappoint the following to the Board of Plumbing Appeals: C. H. Byler two year term, beginning October 3, 1977, ending October 2, 1979 Harold James two year term, beginning October 3, 1977, ending October 2, 1979 James V. Powell, Jr. two year term, beginning October 3, 1977, ending October 2, 1979 ITEM #11338 Mayor Holland appointed Councilman Floyd E. 'ciaterfield, Jr., and Vice Mayor Patrick L. Standing, to the Salt Water Pumping Commission. No term was specified. ITEM #11339 On motion by Vice Mayor Standing, seconded by Councilman Ferrell, and by acclamation, the meeting adjourned. Richard J. bbon, City Clerk Mayor Clarence A. Holland, M.D. City of Virginia Beach, Virginia October 3, 1977 d 10/3/77