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HomeMy WebLinkAboutDECEMBER 10, 1977 CITY--OF VIRGINII BEACH MUNICIPAL-CENTER @.i.-t L'ity" VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND. M.D., B.y@id@ B.,..gh 1. HENRY M,COY, ],, D.D.S., B .... gb VICE MAYOR PATRICK L. STANDING, At L.,g@ MEYERA E. OBERNDORF, A, L.,g@ JOHN A. BAUM, B .... gb J. CORTIS PAYNE, A.@@ B@,..gh ROBERT D. CROMWEI.L, I,, Al L.,R@ ROGER L. RIGGS, Vigi.i. B@.@b B.-@gb GEORGE R. PERRELL, A, L.,g@ FLOYD E. WATERFIELD, I,., P..g. B.,..gh JOHN R. GRIRFIN, Ly..b..@. B.,o.gb A G E N D A RICHARD 1. 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, OCTOBER 10, 1977, FOR THE PURPOSE OF CONDUCTING PUBLIC BUSINESS AND WILL HEAR AND ACT LPON TFE FOLLOWING ITEMS: 1. CALL TO ORDER BY THE HoNORAf3LE,CIARENcF 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 COUNCIL WILL RECONVENE IN THE CITY COUNCIL CHAMBERS. 4. INVOCATION WILL BE GIVEN AT 2:00 P.M., BY THE REVEREND L. CARLTON LYON, DIAMOND SPRINGS CHRISTIAN CHURCH, VIRGINIA BEACH, VIRGINIA. PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE. 5. ROLL CALL OF THE COUNCIL. A. MR. JAMES ZAMBELLI TO BE PRESENTED A U. S. SAVINGS SCHOLARSHip BOND FOR WINNING FIRST RUNNER-UP IN THE 1977 WORLD JR. FRISBEE CHAMPIONSHIPS. 6. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 26, 1977 TO BE PRESENTED FOR ACCEPTANCE AND APPROVAL. MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 29, 1977 TO BE PRESENTED FOR ACCEPTANCE AND APPROVAL. MINUTES OF THE REGULAR MEETING OF OCTOBER 3, 1977 TO BE PRESENTED FOR ACCEPTANCE AND APPROVAL. 7. ITEMS FOR SECOND READING: A.) CITY COUNCIL IS REQUESTED TO APPROVE ON SECOND READING AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO THE NECESSARY CONTRACTS AND TO APPROPRIATE $100,000 FOR A WATER SYSTEMS STUDY. B.) CITY COUNCIL IS REQUESTED TO APPROVE ON SECOND READING AN ORDINANCE TO APPROPRIATE FUNDS TOTALLING $1,463.000 FROM THE ECONOMIC DVELOPMENT ADMINISTRATION: ESTIMATED REVENUE LOCAL- TOTAL FROM OTHZR AGENCIES MATCH APPROPRIATIONS FiRE TRAINING CENTER (CONSTRUCTION) $518,000 -0- s 518,000 RENOVATION OF MILLERS (CC)NSTRUCTION) 945,000 -0- 945,000 TOTAL APPRC)PRIATION: $1,463,000 C) CITY COUNCIL IS REQUESTED TO APPROVE ON SECOND READING AN ORDINANCE TO ACCEPT $204,577.00 FROM THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHDRITY AND TO APPROPRIATE THE SAME FOR CETA - TITLE I EMPLOYMENT AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS TO CARRY OUT THIS PROGRAM, AND 8. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION RECOMMENDING DENIAL OF THE APPLICATION OF BODDIE-NOELL ENTERPRISES, INC., FOR A CHANGE OF ZONING FRom R-6 RESIDENTIAL DISTRICT To B-2 COMMUNITY-BusINEss DISTRICT ON A .77 ACRE PARCR LOCATED ON THE EAST SIDE OF NORTH GREAT @JECK ROAD, NORTH OF VIRGINIA BEACH BLVD. (LYNNHAVEN BOROUGH). 9. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATIC)N OF I)IIR. GROVER WRIGHT FOR A VARIANCE TO THE MINIMUM LOT SIZE FOR THE R-8 DISTRICT IN THE MATTER OF E. A. SMITH REZONING FRom H-L HOTEL DISTRICT To R-8 RESIDENTIAL DISTRICT WHICH WAS APPROVED ON OCTOBER 3, 1977. lo. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF COLONIAL-LASKIN AssocIATES, A LIMITED PARTNERSHIP, FOR A CHANGE OF ZONING FRom B-2 COMMUNITY-BusINESs DISTRICT To A-3 APARTMENT DISTRICT ON A 8.95 ACRE PARCEL LOCATED ON THE NORTH SIDE OF THE VIRGINIA BEACH-NORFOLK EXPRESS- WAY, EAST OF THE INTERSECTION OF VILLAGE DRIVE AND ENGLISH COURT (LYNNHAVEN BOROUGH). ii. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR WITHORAWAL OF THE APPLICATION OF COLONIAL-LASKIN AssocIATES, A LIMITED PARTNERSHIP, FOR A CONDITIONAL USE PERMIT FOR A DRIVE-IN THEATRE ON A 15 ACRE PARCEL LOCATED ON THE WEST SIDE OF FIRST COLONIAL ROAD, NORTH OF THE VIRGINIA BEACH-NORFOLK EXPRESSWAY FROM CENTERVILLE TURNPIKE WEST TO THE CHESAPEAKE CITY LINE. (LYNNHAVEN BOROUGH). 12. LE'TER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR DENIAL OF THE APPLICATION OF JAMEs B. AND PATTIE L. OWNEY FOR A CHANGE OF ZONING FROm R-a RESIDENTIAL DISTRIC TO B-2 COMMUNITY-BusINEss DISTRICT ON A 3.13 ACRE PARCEL LOCATED ON THE WEST SIDE OF CENTERVILLE TURNPIKE, SOLJTH OF KEmpsvILLE ROAD (KEmpsvILLE BOROUGH). 13. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR DENIAL OF THE APPLICATION OF CARL M. ALSERO, RicHARD HAROLD HOLT, AND HERBERT B. DAVIS, JR. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FRom A-1 APARTMENT DISTRICT TO 0-1 OFFICE DISTRICT ON A 0.4-ACRE PARCEL LOCATED ON THE EAST SIDE OF ROSEMONT ROAD, SOUTH OF BANCROFT ROAD (PRINCESS ANNE BOROUGH). 14. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANr4ING COMMISSION FOR APPROVAL OF THE APPLICATION OF YWCA OF THE TIDEWATER AREA OF VIRGINIA FOR A CHANGE OF ZONING FRom R-s RESIDENTIAL DISTRICT To A-4 APARTMENT DISTRICT FOR TWO PARCELS CONTAINING 3.2 ACRES. PARCEL 1 IS LOCATED EAST OF [<LEEN STREET, ON THE NORTH SIDE OF CAPE HENRY DRIVE, AND PARCEL 2 IS LOCATED AT THE NORTHEAST INTERSECTION OF CARE HENRY DRIVE AND SCALLop ROAD, EAST OF SCALLop ROAD (LYNNHAVEN BOROUGH). 15. IPTTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL DEFER, FOR TWO WEEKS THE FOLLOWING ORDINANCES: A.) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I, SECTION Ill, QF THE CZO PERTAINING TO DEFINITION OF ZERO SIDE YARD SETBACK LINE WHICH STATE$ THAT IT IS A $1,DE YARD LOT LINE FOR SINGLE FAMILY DETACHED HOUSE FROM WHICH THE SETBACK MAY BE LESS THAN THAT REQUIRED IN THE APPLICABLE DISTRICT, AND MAY BE REDUCED TO ZERIO, s.) AN ORDINANCE TO AMEND AND REORDAIN SECTION 4.4 OF THE SKJBDIVISION ORDINANCE RELATING TO LOT ZERO SIDE YARD SETBACK LINE WHICH STATES TFIAT ZERO SIDE YARD SETBACK LINE MAY BE DESIGNATED FOR A LOT IN ANY ZONING DISTRICT WHICH ALLOWS IT, PROVIDED THAT. THE FZEGULATIONS ACCOMPANYING SUCH A LINE SHALL APPLY TO ONLY ONE OF THE LQTS TO WHICH IT IS COMMON. THE LINE AND THE LOT TO WHICH THE REGULATIONS APPLY SHALL BE DESIGNATED ON THE PLAT. A LOT MAY HAVE ONLY ONE ZERO SIDE YARD SETBAICK LINE 'PERTAIN TO IT. c.) AN ORDINANCE TO AMEND AND REORDAIN THE CLU BY AMENDING ARTICLE 1, SECTION fF2 TO ESTABLISH AN R-io RESIDENTIAL DISTRICT FOR THE PURPOSE OF ALLOWING SINGLE FAMILY DEVELOPMENT WITH ZERO LOT LINE AS A PRICIPLE USE. 6. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF-HE PLANNING COMMISSION FOR APPROVAL OF AN ORDINANCE TO RATIFY THE MASTER STREET AND HIGHWAY PLAN DATED DECEMBER 16, 1974 AND TO AMEND AND REORDAIN THE MASTER STREET AND HIGHWAY PLAN PERTAINING To LYNN- HAVEN PARKWAY. 7. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-8 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO OPENING OF MEETINGS: ORDER OF BusiNESS: BY ADDING A PROVISIONFOR A CONSENT AGENDA. 8. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE RELATING TO POWERS AND DUTIES OF THE CITY MANAGER BY AUTHORIZING THE CITY MANAGER TO MAKE AND EXECUTE CERTAIN CONTRACTS ON BEHALF OF THE CITY. 19. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE To AMEND AND REORDAIN SECTION 6-25 OF THE CODE OF THE CITY OF VIRGINIA BEACH RR ATING T() EXCESSIVE SPEEDS FOR MDTOR BOATS AND PROVIDING FOR THE POSTING OF SIGNS REQUIRING RE- DUCED SPEEDS. 20. LETTER FROM THE CITY MANAGER RE@OMMENDING THAT CITY COUNCIL APPROVE AN ORDLNANCE TO AMEND ARTICLE VII OF CHAPTER 2'CF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE DEPARTMENT OF PUBLIC WORKS. (SPECIFICALLY: POWER TO ISSUE STOP-WORK ORDER) 21. LETTER FROM THE CITY MANAGER RECOf4MENDING THAT CITY COL)NCIL APPROVE AN ORDINANCE, ON FIRST READING, TO APPROPRIATE ADDITIONAL FUNDS To ESTABLISH AN IN-HOUSE EXTERMINATION OPERATION FOR THE FISCAL YEAR ENDING JUIE 30, 1978. 22. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 5-22 AND 5-31 OF ARTICLE II OF CFIAPTER 5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, PERTAINING TO ANIMALS AND FOWLS WHICH REDUCES THE LENGTH OF TIME AN ANIMAL MAY BE HELD BEFORE BEING EUTHANIZED FROM SEVEN DAYS TO FIVE DAYS AS SPECIFIED IN THE STATE LAW. 3. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPRUVE AN UKU11NAIN@ , FIRST READING, TO REDUCE APPROPRIATIONS TO THE PENDLETON CHILD SERVICE CENTER. APPROVED REVISED TOTAL REDUCTION IN BUDGET BUE)GET APPROPRIATIONS PENDLETON CHILD SERVICE CENTER $448,816 $284,947 $163,869 24. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE TO AUTHORIZE TFE ACQUISITION OF PERMANENT DRAINAGE EASEMENTS AND OTHER INTERESTS, NECESSARY AND INCIDENTAL THERETO, IN CONNECTION WITH THE CONSTRUCTION OF THE FIRE TRAINING CENTER, BY AGREEMENT OR BY CONDEMNATION. 25. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL REJECT ALL BIDS FOR THE LASKIN ROAD WATERLINE, SECTION II (LYNNHAVEN AND VIRGINIA BEACH BOROUGHS) AND DELAY FURTHER BIDS INDEFINITELY UNTIL CONTRACTORS FEEL THEY CAN CARRY THESE PROJECTS OUT AT MORE REASONABLE PRICES. 26. LETTER FROM TFE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE TO AMEND SECTION 5-7 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO BIRD SANCTUARIES BY ADDING THE SUBDIVISION KNOWN As FAWN VILLAGE AT INDIAN LAKE. 27. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE A RESOLUTION AUTHORIZING TFE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VEPCO FOR ADJUSTMENTS OF DISTRIBUTION FACILITIES FOR THE NORTH BIRDNECK ROAD STATE PROJECT UOOO-134-106 (SOUTHERN BOULEVARD To LASKIN ROAD) 28. OLD BUSINESS, DEFERRED FROM THE PREVIOUS MEETING, INCLUDING ANY REPORT OF THE MAYOR OR COMMITTEES NAMED BY COUNCIL. 29. NEW BUSINESS, INCLUDING AW PRESENTATIONS BY COUNCIL MEMBERS, CITIZENS AND ORGANIZATIONS. 30. MOTION FOR ADJOL)RNMENT. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA 3EAC'I, VIRGI14IA October 10, 1977 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. ifolland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, October 10, 1977, 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, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Council Members absent: J. Henry McCoy, Jr.*, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.** ITEM #11340 @layor 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, 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. Investing of public funds where competition or bargaining are involved where, if made public initially, the financial interest of the governing unit would be adversely affected. 4. 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 Councilman Baum, 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, Councilwoman 1,Aeyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Nays: None Absent: Councilmen J. Henry McCoy, Jr., Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. City Council voted to proceed into the executive session following the informal discussion. *Councilman imccoy entered meeting at 1:05 p.m. Councilman Waterfield entered meeting at 1:10 p.m. ITEY- #11341 Mayor Holland stated that Council had a letter before them inviting them to play basketball in wheel chairs, and to please let him know if they wish to play. 10/10/77 - 2 - ITEM #11342 The City Ilanager stated that approximately 300 persons are needed to put the City budget together, and in order for the citizens to get the best services possible at the lowest cost, the City has decided to use Zero Base Budget. The City Manager passed out to Council the Zero-Base Budgeting Manual. ITEM #11343 The City Manager stated that the staff has discussed with the officials of the City of Chesapeake the possibility of extending Lynnhaven Parkway, as it comes through Green Run, to the Volvo Parkway Extended. The City lianager and Planning Department in Chesapeake have informed the City Manager that they see no difficulty in handling this matter. This is item #16 on the formal agenda. ITEM #11344 The City Manager stated that Councilman Waterfield requested him to see if the City could acquire an easement from the Municipal Center to Kellam High School to allow for parking during football games This matter has been discussed with the property owners and they have in- dicated they will be willing to give the City a 15-foot pedestrian easement, and for a small amount the City will place gravel and lighting in the area for the safety of the citizens using this walkway. ITEM #11345 At 2:20 p.m., City Council reconvened in the Council Chambers with the following members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Council Members absent: Vice Mayor Patrick L. Standing The invocation was given by Mr. Richard J. Webbon, City Clerk, followed by the Pledge of Allegiance. ITE,M #11346 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, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to approve the minutes of the regular meeting of September 26, 1977, with corrections to item #11262, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. 10110177 - 3 - ITE@l #11347 On motion by Councilman Waterfield, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice llayor Patrick L. Standing City Council voted to approve the minutes of the Special Meeting of September 29, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #11348 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patricl@ L. Standing City Council voted to approve the minutes of the regular meeting of October 3, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #11349 Mayor Holland presented James Zambelli with a U. S. Savings Scholor- ship Bond for winning First Runner-Up in the 1977 World Junior Frisbee Champtionships. ITEM #11350 On motion by Councilman Riggs, 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, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to adopt the following resolution of appreciation and present same to Mr. Maury Labeznie: 10/10/77 4- RESOLUTION OF APPRECLATION WHEREAS, during the Neptune Festival sponsored by the City of Virginia Beach, Virginia, the AlcDonald Corporation of Chicago, Illinois, the purveyor of "Big Macs" have most graciously pro- vided at no expense to the City a bus for the transportation of City officials and visiting dignitaries, and WIIEREAS, the driver-operator of the bus, Mr. Earl Jones has been most courteous and helpful during the period of the Nep- tune Festival, NOW, TTIEREFORE, the City Council does by this Resolution ex- press its appreciation for the courtesies and services rendered by the @IcDonald Corporation and Nlr. Earl Jones. Adopted by the City Council of the City of Virginia Beach, Virginia on the 10th day of October, 1977. -5 - ITEM #11351 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, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to approve on second reading the following ordinance authorizing the City Manager to enter into the necessary contracts and to appropriate $100,000 for a Water Systems Study: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO NECESSARY CONTRACTS AND TO APPROPRIATE $100,000 FOR WATER SYSTEM STUDIES WHEREAS, there has been considerable concern by the citizens of Virginia Beach about water supply for the present and future, and WHEREAS, City Council considers that alternatives to the present supply should be determined in the event the supply becomes inadequate, and WHEREAS, there has been considerable discussion concerning a regional water supply and treatment plant, and WHEREAS, it will be necessary to determine the location and projected cost of treatment facilities should it become necessary to locate them in Virginia Beach in the future, and WHEREAS, it is deemed advisable to employ engineering firms to determine the feasibility of additional water supply sources, treatment facilities and other alternative water arrangements; NOW, THEREFORE, BE IT RESOLVED BY THE COLTNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is authorized to enter into the necessary contracts to make a study of the water supply needs, alternative source of supply, cost projections of treatment facilities and other water considera- tions and $100,000 is hereby appropriated for this purpose from the Unappropriated Fund Balance of the General Fund. FIRST READING: October 3, 1977 SECOND READING: October 10, 1977 Adopted by the Council of the City of Virginia Beach on the 10th day of October , 1977. 10/10/77 ITEM #11352 -6- bn motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Counci-I voted to apprbvb oh so6ond readihg tho following ordinance to appropriate funds totaling $1,463,000 from the Economic Development Administration: AN ORDINANCE TO APPROPRIATE FUNDS TOTALING $1,463,000 FROM THE ECONOMIC DEVELOPMENT ADMINISTRATION WHEREAS, the Virginia Beach City Council, on July 5, 1977, authorized the City ManageT to accept an award, estiamted at $1,463,000, from the Economic Development Administration (EDA) for the purpose of constructing a Fire Training Center and renovating Miller's for the Social Services Department; and WHEREAS, the EDA has now approved funding totaling $1,463,000 for these projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds from the EDA be appropriated for the following purposes: Estimated Revenue Local Total from Other Agencies Match Fire Training Center (construction) $Sl8,000 -0- $ 518,000 Renovation of Millers(construction) 945,000 -0- 945,000 $1,463,000 That the appropriations will be financed by $1,463,000 estimated revenue from the EDA. First Reading: October 3, 1977 Second Reading: October 10, 1977 Adopted by the Council of the City of Virginia Beach on the Tenth On motion by Councilman Griffin, seconded by Councilman AIcCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, . @ I -..j. , Mayor Clarence A. Holland, @Ienry McCoy, Jr., Cbuncilwomah Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Nays: Councilmen Robert B. Cromwell, Jr., and Floyd E. Waterfield, Jr. Absent: Vice Mayor Patrick L. Standing City Council voted to approve on second reading the following ordinance to accept $204,577 from the Southeastern Tidewater Area Manpower Authority and to appropriate the same for CETA - Title I Employment and to authorize the City Manager to enter into the necessary agreements to carry out this program, and further, adopted a resolution authorizing the City Manager and City Clerk to execute a certain agreement relating to contract #1-005-8 between STAMA and the City: AN ORDINANCE TO ACCEPR $204,577 FROM THE SOUTHEASTERN TIDEWATFR AREA MANPOWER AUTHORITY, TO APPROPRIATE THESE FUNDS, AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS TO CARRY OUT THIS PROGRAM WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA) has approved necessary funding for a new Title I Employment Program under the Comprehensive Employment and Training Act of 1973 (CETA); and WHEREAS, the City of Virginia Beach wishes to continue its CETA - Title I Employment Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF.ACH, VIRGINIA: That new funding from STAMA be accepted and appropriated, contingent upon final approval by the U.S. Department of Labor, for the following purpose: Estimated Revenue Total From Other Agencies Appropriations CETA - Title I Employment $204 577.00 $204,577.00 That the City Manager is authorized to enter into the necessary agree- ments to carry out this program; That the appropriations will be financed 100% by federal funds, with no local match required. First Reading: October 3, 1977 Second Reading: October 10, 1977 Adopted by the Council of the City of Virginia Beach on the 10 day of October 1977. 10/10/77 - 8 - The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building on the -10 day of October , 1977 . On motion bv Cc)uncilman Griffin and seconded by Councilman McCoy I the following Resolution was adopted. A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A CERTAIN AGREE- MENT RELATING TO CONTRACT #1-005-8 BETWEEN STAMA AND THE CITY OF VIRGINIA BEACH BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager and the City Clerk are hereby authorized to execute an agreement, a copy of which is attached hereto, relating to Contract #1-005-8 between the Southeastern Tidewater Area Manpower Authority (STAMA) and the City of Virginia Beach, Virginia, for the purpose of estab- lishing a new Title I Employment Program of the Comprehensive Employment and Training Act of 1973, contingent upon final approval by the U.S. Depart- ment of Labor. ADOPTED by the Council of the City of Virginia Beach, Virginia, this 10 day of October , 19 77. APPROVED: Mayor ATTEST: I 0 /1 07 7 - 9 - ITEI,l #11354 Petition of Boddie-Noell Enterprises, Inc. , for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-.T3usiness District on certain prop--rty locat(-.,i on the East side of Norl ii Great Neck Road beginning at a point 560 feet rnore or less North of Virginia Beach Boulevard, running a distancc of 390 feet more or less along the East side of North Great Neck Road, rutining a distance cf 72. 31 feet along the Nortliern p:7ope rtv line, running a distance of 434. 31 feet alon- the Eastern property line and rtinning a distance of 91. -.1 feet along the Southern prop- erty line. Said parcel contains . 77 acre niore or less. (Point 0 Woods Area). LYNNHAVEN BOROUGH. Planning Comrnission Reronirnendation: A motion Nvas passe,3 unanimously by the Planning Cominission by a. recorded vote of 13 to deny this request. It was felt approval of this request would be an intrusion of commercial developinent into a residential area. Mr. B. Bruce Taylor represented the petitioner The following appeared in opposition: R. C. Green, President of Point-O-lVoods Civic League Mr. Al Balco, representing the Great Neck Association On motion by Councilman Riggs, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Ro.-er L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to deny the above petition of Boddie-Noell Enterprises, Incorporated, for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on certain pro- perty located on the East side of North Great Neck Road beginning at a point 560 feet more or less North of Virginia Beach Boulevard, running a distance of 390 feet more or less along the East side of North Great Neck Road, running a distance of 72.31 feet along the Northern property line and running a distance of 91.71 feet along the Southern property line. Said parcel contains .77 acre more or less. (Point-O-Woods Area) Lynnhaven Borough. This petition was denied as it was felt that approval would be an intrusion of commercial development into a residential area. ITEM #11355 Mr. Grover C. Wright, Jr., Attorney, appeared before City Council regarding a subdivision variance in the petition of E. A. Smith for a Change of Zoning District Classification from H-1 Hotel District to R-8 Residential District. Mr. Wright, in accordance with Section 9.4 of the Subdivision Ordinance has noted an appeal of the Planning Commission's decision, which was for approval of the subdivision variance. Mr. Thomas C. Broyles, Attorney, appeared representing the E. A. Smith's subdivision variance. After considerable discussion, Councilman Griffin made a motion seconded by Councilman AIcCoy, to uphold the recommendations of the Planning Commission granting a subdivision variance to E. A. Sr.iith. The recorded vote is as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Pnvnp P@@., T. Pi@@@ .@,i T?@ W@t.,fi.ll T, -10- A TL.AN TIC OCEAN OCEAN BOULEVARD P;N .94.79' 4759' 2 OD 05 38 05 76.10' 20' LANE PRELIMINARY SUBDIVISION OF LOTS IAND 2, DLOCK 7, IJDERMEERimil.,,,P'50) FOR E. A. SL,,IITH LYNNHAVEN BOROUGH - VIR(;IRVIA BEACH, VIRCINIA SCALE.' / " - 30, APRIL 5, 1977 MARSH and BASCIFR ITICORPORATED, PC. ENG'Nf f@RS - --,t@R%IEYOP',- PL0,4NERS fol FJORTH -LIZA I-RAIL VIRC',INIA EILA@H,V:14G.NIA 214',I'@ I JO 106-77 ASSOCIATES FOR A CHANGE OF ZONING DISTRIC"' CLASSIFICATION FROM B-2 Community-Business District TO A-2 Apartment District (modified from A-3 Apartment District) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Colonial-Laskin Associates, a Limited Partnership, for a Change of Zoning District Classification from B-2 Community-Business Distric7t-to A-2 Apartment District (moditied from A-3 Apartment District) on certain property located on the North side of tlie Virginia Beach- Norfolk Expressway beginning at the intersection of Village Drive and English Court, running a distance of 366.65 feet along the Northern property line, running a distance of 988.93 feet along the Eastern property line, running a distance of 370.68 feet along the North side of the Virginia Beach-Norfolk Expressway and running a distance of 1005.32 feet along the Western property line. Said parcel contains 8.95 acres. (Laskin Village Area). Lynnhaven Borough. For the information of the applicant, prior to the issuance of a building permit the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Adequately sized on-site and off-site drainage facilities and easements will be required 4. All ditches are to be piped with 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: 1. A right-of-way dedication of 30-feet along the Northern property line of this site for the Hilltop Loop Road. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of October 1977. 10/10/77 ITEII #11356 Petition of Coloi-lial-Las"Kiii Associates, a Limited Partnership, for a (71assificatioll ffom B-2 Community-Busincss @istrict to A-3 Apirtniciit I)istricL ori certain property located on the Nortli sidc of the Virginia Expressway bcginning, at tlie irter- section of Vill@kgc Di ive, Incl Court, runnin, a distance of 366. 65 feet along tile I'Jor@l-@erii I.in@@, runiiin,, a distancc of 988. 93 feet along tlie ]in(,., rui,,iiinc, a distaice of 370. 68 fe-et alon,@ tli@@ North side of tlj(,- Virgini;i Expressway and rui-,ning a distaiice of 1005. 32 fce'@ @tlotig tli(- 'A' e ste i n pi-operty line. Said parcel contains 8. 95 ac re s. (Laskii Vill@LCCA ret). LYNNI-IAVEN BOROU(@H. Planning Coi-i-iniissioii Recol)ll@aeiidition: A, motioi-i was [);@.ssed by the Plan,.iing Coniniission by a recorded vote of 11 for the motion and 2 against to apprcve this request. For the infrrmatioii of tlic applicar,@, prior to the issuance of a building perrnit, tlie followitig wiii bc rcqui3,ed by the adininistrative staff-. 1. Standard ir,iprovenieiits as required by tlie Sit.@ Plan Ordinance. 2. City wat.er and se@er. 3. t@dequately sized on-sitc an(3 off-site dra@nage facilities and easenients will be required. 4. All ditches are to be pipe(I with tliis develol)ment. Fur the r, this ordinance shall be effective upon satisfactory compliance to the conditions iniposed in this niotion, and it is understood and agreed to by thc applicant that the official change on the zoning rnaps will not be rnade until the following c()rdition is satisfied: A right-of-way dedication of 30 feet along the Northern property line of this site for the Hilltoo Loop Road. Mr. Thomas C. Broyles, Attorney, represented the petitioner On motion by Councilman Griffin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, John R. Griffin, J. Henry @@IcCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent: Vice Mayor Patrick L. Standing City Council voted to approve the following ordinance upon petition of Colonial-Laskin Associates, a Limited Partnership, for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District (modified from A-3 Apartment District): - 1 2 - ITEM #11357 Application of Colonial-L,askin Associates, a Limited Partnership, for a Conditi(@-iizil tJ-.;c-Pcriiiit.for a theatre on certain property located on the W(!st si(t(,- c@f Cc)],o3li@tl I'lo@il be,-iniiing at a point 550 fect r,,iore or l@2,,;s @,crt@, of ti,,, Iv@ i@'xpresswly, runnin, a distEince of 21..61 fect (if First Co3onial Road, running iL distarlc(, (,f 08 @)IC'ni@, @lll(, l@oi-tliern I)i-operty linc, r,iiining a distayicE,, of 6,90. 89 fect al,)Ill,,, tlie pi,operty line, running a distance of 650. 3'? ft:et aloni,, tlic @)f tlic Virgiiiia l@eich-Nlorfolk Expresswa')F, xiiniiing a. IistziricL- c)f @-1'4 in @), T,',o7-tlicrly dir(!ction and rutinin@ a dis- tance of 483. 91 f(,et iii ziri l@,@ isi@c ri@ ciii-ecti@ii. Said I)arcel contains 15 acres. (Ifillto,) Sqiiare Shoppilli" Ari@a)@ 1,Yl@1\111AVLN BOROU(-,H. Platinitig C@oi-iiniissici-, A motion was passe(i iiiiariiir),)u@ly loy the Plziniiing Commission by a recorded vote of 13 to allow witti(ir@iw,@l o! thif, requcit. Mr. Thomas C. Broyles, Jr., Attorney, represented the applicant On motion by Councilman Griffin, 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, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to permit the withdrawal of the above application of Colonial-Laskin Associates, a Limited Partnership, for a Conditional Use Permit for a drive-in theatre on certain property located on the West side of First Colonial Road beginning at a point 550 feet more or less North of the Virginia Beach-Norfolk Expressway, running a distance of 21.61 feet along the West side of First Colonial Road, running a distance of 1446.68 feet along the Northern property line, running a distance of 680.89 feet along the @'lestern property line, running a distance of 650.37 feet along the North side of the Virginia Beach- iNorfolk Expressway, running a distance of 574 feet in a Northery direction and running a distance of 483.91 feet in an Easterly dir- ection. Said parcel contains 15 acres. (Hilltop Square Shopping Center Area). Lynnhaven Borough 10/10/77 ITEM #11358 Petition of Jal-nes B. and I:Iattic I.. Owney for a Change of Zonin@ District Classific,@tic)n 'rom R-8 l@e@;ideiiti@,il to B-2 Community-Business (:t @)II @ic,( ,ii tlic @Ve,it sicle of Cente 2:ville- 1-1103", ol@ It@.ss Soith -)f Kern,)sville RoLtd, tll(@ West FI(IC C' Geritc,,rville i@Qt 111(@ SOlltll(,,rTl pro,)ort-,i 2 i',,et, @11011i" i:le Noi,tlaern I)roi@erty )ine. Sai(J jDa:L-cel cc@iit.-@ins 3. 11 L( A i-fictioi) l,y a recorded vote cf 12 o r i I i c i i i o t i1) :i (I 1 3, 1) ,j tI i L iii t ) ct i y t I @ i s i e (I i ic F@ t @It was fclt approval (,f tliis reqtiesl wc),ild be ))l IrltYLI,,iiLI-i of col,)r@lcrc@Ial devclopnent into a residerit:i@Ll arc@zi. Mr. H. Calvin Spain, Attorney, represented the petitioner On motion by Councilman Ferrell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Couilcilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to deny the above petition of James B. and Pattie L. Owney for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located on the West side of Centerville Turnpike beginning at a point 1500 feet more or less South of Kempsville Road, running a distance of 183.7 feet along the West side of Centerville Turnpike, running a distance of 1187.8 feet along the Southern property line, running a distance of 120.8 feet along the Western property line and running a distance of 1048.2 feet along the Northern property line. Said parcel contains 3.13 acres. Kempsville Borough. This request was denied as it was felt that it would be an intrusion of commercial development into a residential area. 10/10/77 - 1 4- ITEM #11359 Petition of Carl M. Albero, Ricliard Harold liolt and lierbert B. Davis, Jr. , for a of Zonin@-.TDistrict--Cl-assificatic)ii from A-1 Apartment Dis,rict to 0-1 Offi@.:e I)islrict on ccrt@iiii property locat@d on tlie East side of Itose.niol@t t@c),td beginiiin@,, at a poiiit 120 feet South of 28th Street, running a distan,-,c of 175 fect aloii,, tli,@ @:ast side of l@osemont Road, running a ciistance of 100 fect. ztlorig the Scutli,@rii @irc)l@ertv line, j-utiiiijig a di@tance of 175 feet along tlie E;@t@terty prolicrty liile @trid riniaing a distance of 100 feet along the Nortliern pr(-,)pei.-ty line. S,-@id. parcel contaiiis 0. 4 acre rnore or less. (Peczin Gardens Ai-ea). PRINCESS ANNI@, 130ROUGII. Planninf,, Coriii-@,@,sioll l@ec,)irli@-icndzitioll: A r@-ioticir@ was pass-d iitiztnirtIOILSly by the Planiiing Coniniission by a recorded vote of 13 to derxy tliis T-equest. It ,vas felt approval of this request would be aii intrusioii cf non-residential il,,;es iiato ai, zilrczldy establislied residential area. Mr. Mike Innman, Attorney, represented the petitioners On motion by Councilman Payne, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to defer for two weeks the above petition of Carl M. Albero, Richard Harold Holt and Herbert B. Davis, Jr., for a Change of Zoning District Classification from A-1 Apartment District to 0-1 Office District on certain property located on the East side'of Rosemont Road beginning at a point 120 feet South of 28th Street, running a dis- tance of 175 feet along the East side of Rosemont Road, running a dis- tance of 100 feet along the Southern property line, running a distance of 175 feet along the Eastern property line and running a distance of 100 feet along the Northern property line. Said parcel contains 0.4 acre more or less. (Pecan Gardens Area). Princess Anne Borough.10/10/77 - .5 - ITEM #11360 Petit:ion of YWCA of Tidewater Area of Virginia for a Change of ZoninR District Clas@,iification froni R-8 Residential District to A-4 Apartnient District on certa,iii pa-rccl.s Ic@cated on the Nortli side of Cape lienr,, Drive. Parccl 1: Beginiiiiig at a poiilt 330 fect, 1,1-lorc or less East of Kleen Strcet, runnirig a distance of Z90 feeti niore or less aloitt- tlie North side of Cape Henry j)rive, rtiririinf., a distaiice of 240 fuct ii-iore or less along the Eastern property line, ruiiiiin- ;:t @listince of 290 fect more oi- less alolig the Nortliern propcrty linc aiad rt,iiiiiiig a distince of Z60 feet inore or less along the Westc:7n property line, Parcel 2: Begiiiniilg at the N,)rtheast iiitersection of Cape Ilenry Drive and Scallop ro;.id, running a d',@tancc of Z-@O fect n)ore or less along the East side of Scallop Road, runni,ig i (listance of 290 feet i-i-iore or less along the Northern properry lir,e, runiiitig a distaii(:c of Z20 fect more or less along the Eastern property line of wliich 100 @eet is tlie West side of Starf;sh Road and ruiiiiit)_@ l (iistaiice @Df 290 fect inore or less al,)ng ttie Southern property line of wliich ISO fect 'E; tlie Nortli si.de of Cape Henry Drive. Said pai-cels contain 3. 2 acrcs rnore or le.,;s. Plats -,vith more detailed ;iifor- mation arc availabl, in the Depai-tment of Plaiining. (1-yiinhaveri Shores- Lynnh@iven Colony Areas). T,YNT4-,IAVF:N BOROIJCll. Planning Commission Recornineiidation: A i-notioii was passed by the Planning Comniission by a recorded vote of 8 for the motion and 5 agaiiist to approve this request for A-Z Apartment District. For the informatio)i of the applicant, prior to the issuaiice of a building p@rn-iit, the foll.owiiig Nvill I)c rcquirect by tlie administrative staff: 1. Standard improvements as required by the Site Plan Ordinance and Subdivision Ordinance. 2. City water and sewer. 3. Aii adequatcly sized 011-Site atici off-site drainage system aiid drainage easements will b@ required along tlie north qide of Cape Henry Drive from this site to Scashell Road. Access to this site shall be'limited to Starfisti Road. 10/10/77 I - - --- - ,@ I I I -ib- ,The following appeared in opposition: Mr. Al Strazzulo, President, Lynnhaven Inlet Civic League Mr. Durden Mr. R. Allen 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, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to defer until an additional petition on an adjacent parcel is brought before Council (November 14, 1977) the above petition of YWCA of Tidewater Area of Virginia for a Change of Zoning District Classification from R-8 Residential District to A-4 Apartment District on certain parcels located on the North side of Cape Henry Drive: Parcel I: Beginning at a point 330 feet more or less East of Kleen Street, running a distance of 290 feet more or less along the North side of Cape Henry Drive, running a distance of 240 feet more or less along the Eastern property line, running a distance of 290 feet feet more or less along the Northern pro- perty line and running a distance of 260 feet more or less along the Western property line. Parcel 9: Beginning at the Northeast intersection of Cape Henry Drive and Scallop Road, running a distance of 230 feet more or less along the East side of Scallop Road, runn- ing a distance of 220 feet more or less along the East, ern property line of which 100 feet is the West side of Starfish Road and running a distance of 290 feet more or less along the Southern property line of which 150 feet is the North side of Cape Henry Drive. Said parcels contain 3.2 acres more or less. Plats @vith more detailed information are available in the Department of Planning, (Lynnhaven Shores-Lynnhaven Colony Ateas). Lynnhaven Borough 10/10/77 - j@ I - ITEM #11361 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None... Absent: Vice Mayor Patrick L. Standing City Council voted to defer for two weeks the following ordinance to amend and reordain Article 1, Section 111, of the Comprehensive Ordinance pertaining to D f@initions: AN Of@r)IIIANC -- 'A J: r) R I . T-, TO - ND A @ F IN ARTICI,I@ 1, '11, Or 'Lli:r-, Co@,,I,,IL- HI@NSIVE FEI@TAINING TO DFFINJ.TIO'@@,@ BE IT ORDAIN--D BY TIIF COITNCIL OF TF-IE CLTY OF VTRGINIA BEACH, VIRGI'@\'IA: That Article 1, @.c"@@rr, 1',J, De'i,-iit:ons. cf tlie C. Z. C). is arnerded and reor(laincd zis follo\,.,s: Zero Side YRrci Sc,.tbpcl@ L4.i,,c. A-sde la7-cl lot 17--c for a siligl-, -n@ Iv dc tE,.c ',ca nouse i ro-,,. s.--, f,Ai - I 0 ,Lv less thz;ii "h@,.- rcouir@@i in ,'12 ict, @nd n@aN, be red@jc-@d to zero. DEFERRED FOR TWO WEEKS AdopteO. b,,f the Coi,iicil of tlie ci, ,y of Beach, Virginia, on thc day of 1977. 10 I ITEM #11362 on motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Crormvell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to defer for two weeks the following ordinance to amend and reordain Section 4.4 of the Subdivision Ordinance of the City relating to Lots-. AI,4 C)II DI'4A-.@r;-@ -@ C) A;',Il.,,'ID Alir) itl@01"])AIN '1610. \ -:ANCF- %, N 0-r)li SECT;O'll -i. 4 01@ TIIE S i % )@EACII OF T!Il@, CITY OF -Vii'GD@l@ TO LOTS E, I-F 'C P IR IA BEACII, BE IT ORDAI@,l.7D 'Y 'f 01--IICIL OF TI-IF CITY 0 V GIN VIRGINJA: That Scction 4. 4 of tlie Sulclivisi.on Ordinance is ai-nelided and reordtlined as follov,'s: 4. 4 Lots (i) zcro r I @,c tl,,@C.1 linc-- s b-- do si c!,,:)Lt(,cl f or a lot 'e"Cl ti at c zo@iin, c, @an .1l,cii a I;,Ic,. aa:)Iv to cnl\, oi,e o' t!,c, lot@, tc, ilc L,,rc '-Ie lo t tc) )-i i c h t,,, r c": k@ 'I@l C'n 5 @:,Lll b C!c si C, L, O@l L C),z I-Z c)nl@ ol,e ,ide y,,-rd s@- to it. DEFERRED FOR TWO WEEKS Aclopt,@(i @by tl)e C-,oiincil ,)f ti,c -@@ty f Virgini@ Beacli,, Virgiiiia, o. thc d.ty of 1977. 10/10/7@ @T ITEM #11 63 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, 14ayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to defer for two weeks the following ordinance to amend and reordain the Comprehensive Zoning rdinance by amending Article 1, Section 102 to Establish an R-10 Residential District: AN OTtD!i'4ANCI@'. AL%13..-,ND AT,'I) iz.EOrD,'@TN TIIE CO',IPI@EIIF'7':IVE ZC)@.IING ORDI@\:AiNCE BY Al.1-1-ICI-E 1, @TtCTIO@" IC2 TO ES'I'A]iLIS11 A:,! l@-10 RESIDE@'\',TIAL DIS'I'I@ICf BE IT ORDAII\'@D BY TIIE COUNCIL OF T@ CITY OF VIRGI..NIA BEACII, VI-RGIiNl,%: That tlic Comprelieisive Zonirg C)rdinanCE! is a.-rended anci reordp-ined by .-mendiii,,- Article 1, ---ection 102 and bv ad(lin@ thc -attachel R-10 Di,3trict, as follows:@ (a) In crder "o carry ou" ',he purpcscs @,nd provis@@ors of this Or(linance, tlie followiii,., districi;s are hereby cstab-iished: (3) Resiciential 1)istrics. Res.identi,,.] Districts shall coil- sist or: R-1 Resi(lential R-2 Resideiitial R-3 Res'@,3c-rit;al R-4 P,, s @@de iitial R-5 Resicletit;Lil R-6 Ile s i3c nti al R-7 r\,32:idei@Lial R-8 Ttesidentia3 11-9 Tow-rho,.ise R-10 DEFERRED FOR TWO WEEXS Adopted ))y tlic CoLiiicil of tl,,e City of Virginia Beach, Virginia, on the 20- R-10 Rcs@identiil District 590. Areas for a variety of residential d@ielling types, where facilities are adeqtiate to accomodate thern, and vih(,-re they will be compat,,blE: with their surrotindings, 591. Use Regulations Within an P,-IoRe,lidential Dis-@rict only the follo@-iing uses and struct-ires s.@all bc- permitted: (a) Principal uses and structures: (1) Owellir@s, ore family attached; (2) Dwellings, semi-detached and two-family detached; (3) Dwellings. one family detached; (4) @iellings, one faniily d(,tached viith zero-lot line; (5) Agl-icul@u,a-i and uses and structures, 'orovidcd @ 'li;it usF-,,, -@nd @.@t-L;cttires relating to the k(,.epir!@, c,,f lives'loci,, poultry or bees shall not be al I ovi(-. c-', ,k6) Day ca@-(, ieiitc@rs ane, ciiild care education centers in I-o;i@juc@,ion ii'h public oi, private elementat-y school,,; (,,r (7) I,)-if courses, including par 3 but nol a riiT@4, L@'.n erea of ten (10) acres, togeti@:@ t@ses w@iich are incidental to golf t@,it uch us,@s shall @L designed ai,.d sca'@c@d t,@ oil l@, th(. @-e.,uirc,,iients of the @iiel@.bers, or o,.- 9,.If cotirse, an6 ro signs oi- of st@(,,h uses -@hall bL@ visible @roii (8) Par",S, I)la @,)e, certers, botanical iri(i ottier public buildings and (9) Pu@,iic "I@iic@it&ry, and high schools, afi(i I)LISiness cz)ll-.g.@s (but not (:Ii:)ois); lay nil@-se),;cs in connection with P(i/ate ()Ic,@icnt,@ry Ichools or churches; (10) t:,@ii)lic ii,istallation@, and sulstatioris, provid(-,@@ )l OY- or niainteiiance facil ities shail L,,,@ @er,,(iittcc,; and provided, further, that i, -in individual trans- L@ti' itif's ition@,, t@iL s@,, !l t)@ by a wall , solid except f(,r- an(! cxit,@, cr by a fence %qith a screen- t@edg@'2 @i'.L (51) to s@.x (6) feet ir. lieight; and 2 3 - (I Maxiniuii Lot Ccverage. The max ii@ilni lo" Coverage frr all structures in the R-10 Residential District. shall be 40". (m) Height Rcgulations. The maximu:n height for all structures in the R-10 P\c,lidential District shall be thirty-five (35) feet. (n) Density, The maximum density for towihouse developinent shall be nine (9) units per acre. 593@ Off-Street Parking Regulations (a) For all residenlial structures the minimum off-stre@-t park- ing requirci,,iont shall be teio (2) spaces per dvielling unit. (b) For uses other than dv,-elling units, the mininium off-street i)arking shall be as specified in'the R-8 Residential Dis'@rict. 594@ Sign R@ulations (a) For to@inhouse d4stricts not to excced one (1) identificatiol sign not .ior- than (321 squar(, feet in area for each princ-*Ipa'l entrance of froritage of any use. Siglis advertising prorerty for sale, leare ct, rcnt, provided thi@, no ,ucf, sign @hill exceed eiglit (3) squar@ feet in area, that not ,-,iore @hari L1/2,,,o (2) such signs stiall be erected for each !,,,,t, t@riy rrorerty less froritage oi, lot lire adjoinii-,g a sti@@-.et @i,@ve o ol, t- @e (I sign not excee,.ding foilr (4) suuii,e, 4eet or stirfac@. area. (c] li,@ tfic! -a@:e i)F iiqyli disti-icts, one (1) sign not c,xceeditig @;)O@j' @snuai,e fect may be erected at cacti c)@ lo facilitate initial s,il es ,Si@ ii ,ntist seventy (-/O) perceril of rroperty licas 'L! eti s@,-@l@! or, -te,;i,loJ, L)r al-tcr a p,,riod cf t,.,Iiic!iever corres fii'st. 2 2 - (b) I*Ile iiiinir,.itiin Irit viidth for c-ach d@.ielling uiit in a tovinliouse develol),gient sli,,Il [)e t@-ienty (20) feet for interior and thirty (30) feet for end lots iiieiSL]red at ttic btiilding location. Each lot s@iall liav2 froiit,3ge on a dcdicpted put)lic street, (c) Thc,. niinillILIM lot area for singl('--fai@ily detac@.ed unit shall be 5,000 square feet, and the Tr.'@ninum lot width shall be for'Ly (40) feet, I (d) The minin-,um lot area for twc-fariily detached diiellings shall, be 10,000 square feet, and the minimum lot width s;lall be seventy-five (75) i'eet@ (e) The mininium lot area tor each sec@,ion of a semi-detached dvir-11- iiig shall be 5,GOO square @e(,t, and thr, miniff@@im lot width for I each sectior,, shall be thirty-five (35) l@eet. The mini@,,ium lot area for single-family detached units with zero-lot li!ie shall bc@ 5,000 squar,@, feet, and the mit,.imum l,ot width s@ial"@ be forty @@4()) fect. (g) For uses otY.,Ir than thc- residential d@.,,Clling unit pennitted in t@.e R-10 District, front, side and rear yard requirepents shal-I be the a@- sp@cified foi, thc,. R-8 Re,lidenllial District. (h) Foi@ toy,-)),,ouse fol-tov@ing sh-all co.-istitute., '@he yard rcqjircine@-,l @ (1) fr(,nt %,,ar(i sctlack s@all be twenty (20) feet. f,2 Miiiiiiu,-,) y@,i@o 3eti)a(@(,s sh,.,Il be ten (10) fect for a@,ii @,@d of gro;jp. M?Pimtin r(,)r@ v,@ i, d t f) ail,@ be tvienft ('@0) fcet 4) -4hp i@ of that m@y be @o,@@@ + hp- rf.@@uired r S 4 r @i e rl i T@ 7 li@ i..L .1 front yard mini@@@iiiii sidc, yard setback,,,, si,.-i' i *51 ird t@e rear yard )r t-ejo-f@ii c, t h m i r@ i m i 1, f - (D n t ya , d side vard i, n c: s i i i,- i r, d@ive @,c rear ,Ttt-d setl);,.@k la -iit.@ a ze,-o-l t line, ce. d@@fel ii r,@,s o ,,e ')e twey@tv (20) feet, @e y@- i-,j ,,j tiio 2st@a@lishcd zero-lot t ill 4 y1/2 i i de yard set- -,k 2 1 - provided also, transforfner viults for jindc@t@ground .111 9 util iti c@s and the I i!,e stl, reuire cnly a land- scat)cd sci-eenirg hodge, solid exccpt foi- access opetii ng.- (b) Accessory uses and stt,uctures. Uses and structures vihicii are custoiiiari"y acccssory and --Iearly incidental and subordinate to principal usus 3nd structures, including but not linited to garages, tool sheds, green houses, swinbning pools, bar- becue facilities and tannis courts. (c) Conditional uses and structures. 'JsFs and structures herein- c irplla e with the provisions of after specified; sub@Ict to 0 nc Pay-t C of Pr-Lit@Ic- 2 iiereof: (1) Churches, (2) Day care centers; (3) Extract'ive itidustries, including the re-,noval c.@ sand I and soil; (4' Faciiitics for the pro(luct4on o@ live thea@lre and a-ilied 4rcILdirig oducation in the theatre arts; (5) 'Plarinas, including facilities for slorage and repair of @ats an('@ sale of boating supplies and fuel; (6) mu@cL!,,s and art gailei-ies when nc)t operated by d public agency; (7) Privatc,, scliciols h,@vinS@ academic curriculums similar @10 plitilic sc@iools; (8) @@ecr,@ia t, iL),n anc@ facilit-i(,-s of an outdoor -,iature, as @ii-,de@, perTnittE:d principal Lises nia), be part4al-iy or temporarily -isct@al Ia,,is .,iith appi-oval of tY !:C, Ci @,@,aL ricliilg acadc-,Tiies and recr--atioral riot be allo@ic2d as a ccndition3l use o,- othec@iise; (9@) @,@o-agc, aqd n@ii-i'@enance installatiorts for pliblic utilities. 592, 14ininiuin Lot i-o@, Yad Spacing, and Hei@iht Regulat-ion.,, @t,thin the P@-10 ,Zes@'lential District, the following shall apply: (a) The mirircijm lot ei-ea for eacti d@,ielling unit in a tovinhouse deyr.@lcp;iient shal'i be 1,400 s(,Iuare i-ec@t with an aver-ge lot ay-ea of riol Icss tlia@i 2,500 scitiare feat, prov,@,ded, however, that tlie lot area fc)r churches shall be three '@3) ac,es. - i I t I -Z4- ITEM #11364 On motion by Councilman Cromwell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to approve the following ordinance to ratify the Master Street and Highway Plan dated December 16, 1974, and to amend and reordain the Master Street and Ifighway Plan pertaining to @v nhaven Parkway: AN ORDINANCE TO RATIFY THE MASTER STREET AND HIGHWAY PLAN DATED DECEMBER 16, 1974 AND TO AMEND AND REORDAIN THE MASTER STREET AND HIGHWAY PLAN PERTAINING TO LYNNHAVEN PARKWAY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Master Street and Highway Plan dated December 16, 1974, is hereby ratified: Realign the proposed Lynnhaven Parkway frorn Centerville Turn- pike west to the Chesapeake City line, according to plans available in the Departrnent of Planning. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 _ day of October 1977. 10/10/77 -25- ITEM #11365 'On rqotion by Councilman Ferrell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Aleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to approve the following ordinance to amend and reordain Section 2-8 of the Code of the City of Virginia Beach re- lating to Opening of Meetings: Order of Business: adding a pro- vision of a consent agenda: AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-8 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO OPENING OF MEETINGS: ORDER OF BUSINESS: BY ADDING A PROVISION OF A CONSENT AGENDA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-8 of the Code of the City of Virginia Beach, Virginia is amended and reordained to read as follows: Upon the appearance of a quorum at a regular meeting of the council, the mayor, or in his absence, the vice-mayor shall open the bisiness of the meeting. The order of business shall be: (1) Calling of the roll by the clerk. (2) Executive session upon roll call vote. (3) Reading of proceedings of the last meeting; provided, that such reading may be suspended when a copy of the proceedings has previously been read by each councilman. (4) Consent agenda. (5) Regular agenda, including public hearings previously scheduled or called by city council. (6) Old business deferred from previous meetings, includ- ing any report of the mayor or committees, boards and commissions named by council. (7) New business, including presentations by council members, citizens and organizations. (8) Adjournment. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach on the 10 li@ill ffiliou -2 6- 'COUNCILMAN WATERFIELD LEFT CHAMBERS On motion by Councilman McCoy, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Nays: None Absent: Vice Mayor Patrick L. Standing, and Councilman Floyd E. Waterfield, Jr. City Council voted to defer for one week the following ordinance relating to the Powers and Duties of the City'l@na@er by authorizina the Cily Manager to make and execute certain contracts -on-@e7h@l@6f the Cily: AN ORDINANCE RELATING TO THE POWERS AND DUTIES OF THE CITY MANAGER BY AUTHORIZING TIIE CITY IIANAGER TO @IAKE AND EXECUTE CERTAIN CONTRACTS ON BEIIALF OF TtiE CITY BE IT ORDAINED BY TIJE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Except as otherwise provided by law, charter or ordinance,.the City Manager is authorized to make and execute, during the ordinary course of business, within tbe limitations of the appropriations ordinance folf any year, all contracts on belialf of tlie City and such other contracts as @y be authorized by the City Council. Such contracts shall be approved as to form by the City Attorney and as to avai.lability of funds by the Director of Finance. DEFERRED FOR ONE WEEK Adopted by t:he Council of t'tie CiLy f Virgillia Beach on the day of 1977. 10 /10 7 7 - 2 7 - ITEM #11367 COUNCILMAN WATERFIELD RETURNED TO CHAMBERS On motion by Councilwoman Oberndorf, 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, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to approve the following ordinance to amend and reordain Section 6-25 of the Code of the City @ y_@r,@i l@ Beach re- lating to excessive @@ed@ for motor boats and vi@Ln@ o@ _L@e sti@ Of signs ulri@ reduced @. d.@ AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-25 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO EXCESSIVE SPEEDS FOR MOTOR BOATS AND PROVIDING FOR THE POSTING OF SIGNS REQUIRING REDUCED SPEEDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-25 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: It shall be unlawful for any person operating any motor boat to pass under any bridge or to operate any motor boat in any public waterway at such excessive speed as to cause swells and/or wakes injurious to other boats or vessels or to bulkheads, piers, and shore lines. No person shall be convicted of violating this section until appropriate signs indicating the requirement for reduced speeds and/or "no wake" have been posted so as to give notice thereof, and the City Manager is hereby authorized to post such signs or buoys pursuant to State or Federal regulations as he deems necessary. A plat showing the aforesaid signs, which have been approved pursuant to State and Federal regulations, shall be available for public inspection during normal office hours in the Department of Public Works and the City Clerk's office. ITEM #11368 On motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to approve the following ordinance to amend Article VII of Chavter 2 of the Code of the City of Virginia, Beach, l@rgin-la,, relati-ng to The @@r@m n@ of Public Works: Subject to the submission of an amendment by th@cit-Y Tftorney; AN ORDI,NANCE TO AMEND ARTICLE VII OF CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO THE DEPARTMENT OF PUBLIC WORKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article VII, Chapter 2, of the Code of the City of Virginia Beach, Virginia, is amended by adding thereto a Section 2-85.2 as follows: Section 2-85.2 Power To Issue Stop-work Order. Upon notice from the director of public works, from any division head subject to the supervision and control of the director of public works, or from any of their designated deputies or assistants that work is being performed co'ntrary to the provisions of this code, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the con- ditions under which work may be resumed. Any person who shall continue any work or have his agent continue any work in or about the site after a stop-work order has been issued, except such work as he is directed to perform by the city official issuing the stop-work order to correct a violation or unsafe condition, shall be guilty of a misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia on the o day of ctober 1977. 10 /1 07 7 ITEM #11369 -z9- On motion by Councilman Payne, 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, Tioger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to approve on first reading the following ordinance to appropriate additional funds to establish an in-house extermination operation for the fiscal year ending June 30, 1978: ORDINANCE TO APPROPRIATE ADDITIONAL FUISIDS TO ESTABLISH AN IN-IIOLISE EXTE@1INATION OPER.ATION FOR Tlll--l FISCAT, YT@',AP, 17,NDII,'G JUNE 30, 1978 WIIEREAS, tlie Coutic,@I of tlie City of Virginia Beach is desirous of providing externlinitinF,, scrvices for City properties, and, ItRIEREAS, tlie most inexpcneive metl)od of providiiiv said rervice is establisliiiig @in iti-lious(-, extermina,-iiig operation, and, WilEr,EAS, tliit- operaticiii will require thc following appropriations: 13iiildirig, @,,@ii-nteiiaii(:c Mech,@inic II (1) $ 7,060 Pick-up (1) 4,305 -@rLick ML'iTItciiiaiice CoFL,,@ 527 Chemicalt3 375 lJniforiii ic-,n@,iLs 120 I)tlicr Lqtlipinenti 1,@o l'OTAL $ 3 58@ NOW, TliERY'@FORE, 1',)- TT ORDAINI.,D BY 'IIIE COUI\ICIL OF TIIE CTTY OF VIRGINIA BEACII tlial i-kinct.,3 l@oL@qj-itlg $13,587 be appropriated in fiscal year 1.978 @rrom tlic C,eiier.,il @-,uiic, .1@eserve for Co-,itingeiicies for tlie !)Urpose of olieration. Balance in the Genci-@il FL-@I)d 'o@,t4lli,,CIICi S -1 idjustment is $184,446. fter 1st Readini, 9 @7 2nd Reading 10 /10 /7 7 - 30 - ITEII #11370 On motion by Councilman IVaterfield, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to approve the following ordinance to amend and reQrdain Sections 5-22 and 5-31 of Article III of Chapter 5 of the Code of the City of Virginia Beach, Virginia, pertaining to Animals and Fowl: AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 5-22 AND 5-31 OF ARTICLE III OF CHAPTER 5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO ANIMALS AND FOWL. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-22 and 5-31 of Article III of Chapter 5 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained as follows: Section 5-22. Impounding of dog not vaccinated, etc. Any dog found in the city not vaccinated, as provided for in Section 5-20, or not wearing an authentic vaccination tag, as provided for in Section 5-23, shall be impounded by the official charged with enforcing this division, for a period of five days. The owner of any such dog may secure the release of his dog by producing proof of ownership and either presenting an authorized rabies certificate or by having such dog properly restrained until vaccinated or inoculated within ten days of the time of release and paying the costs of impounding and caring for such dog. At the expira- tion of the five-day period, any dog not so claimed by its owner or custodian shall be disposed of by giving it into the possession of any person who may be willing to pay for the cost of vaccination plus the fee of $6.50. If not so disposed of, any such dog shall be destroyed in a humane manner by the officer enforcing this division. Section 5-31. Same - Impounding dogs or cats in violation of Section 5-30; disposition of impounded dog or cat not claimed. It shall be the duty of any animal control officer of the Bureau of Animal Control who may find any dog or cat running at large in violation of Section 5-30 to take the dog or cat into possession, and a record made at the time and place of seizure. Impounded dogs or cats shall be kept for not less than five days unless sooner reclaimed by their owners. If by a pernit tag or by other means, the owner can be identified, the Superintendent of the Bureau of Animal Control shall immedi- ately within forty-eight hours of impoundment notify the owner by telephone or mail of the impoundment of the animal. Dogs or cats not claimed by their owners within I 0 / I 07 7 3 1 - five days, or placed in suitable new homes after the five-day holding period, rpY be humanely euthanized by the Bureau of Animal Control or by an agency delegated by it to exercise that authority. This ordinance shall be effective on and after July 1, 1977. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of October 1977. ITEM #11371 On MOtion by Councilman Cromwell, seconded by Councilm,,tn 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. Henr@ McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to approve on first reading the following ordinaiice to reduce appropriations to the Pendleton Child Service Center: 10/10/77 '10 TIIL CIIILD SEI@VL',L' CENIElt WHERFsAS, the Virginia Beacii City Council approved ali appropriation of $448,816, estimated revenue of $368,351, aiid a local match of $25,000, for the Pendleton Chl@-ld Service Ceiiter, iii tlie Fiscal Year 1977-78 Operating Budget, and, WHERrAS, Pendleton's estiniated revenues from other agencies and from fees have been reduced by $108,404, aiij, WHERI:AS, tlie State Departryient cf Mciital Ilealth and Mental Retardation ,has approved an aiqard in the aniolint of $284,947. NOW, TILERLFORE, 13E IT 01,I)A-LNED IIY TIIE COUNCII, OF TliE CITY OF VIRGINIA BEACII, VIRGINIA: Tllat tlie Pendleton CIiii(I S@,rvi.,@e Ceiiter appropriations be redliced by $1.63,869, as follows: Approved Revised Total Reduction In Rud @et_ Appropriations Pendleton Cliild Service Gcnter $ 448,816 $ 284,947 $ 163,869 That the estimaleci @,Lti(?r @igc-ricies and from fees be reduced by $108,404, and $55,465 remii,,i iti Generzil F,iiid 13al@ince. First Reading: October 10,_l 77 Second Reading: Adopted by the Council of the City of Virginia Beacli, Virginia on tlie day of 1.977. ITEI,l #11372 On motion by Councilman Payne, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George J,. Ferrell, John R. Griffin, @layor Clarence A. Holland, J. Henry lIcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L, Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing - 3 3 - AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PERMANENT DRAINAGE EASEMENTS AND OTHER INTERESTS, NECESSARY AND INCIDENTAL THERETO, IN CONNECTION WITH THE CONSTRUCTION OF THE FIRE TRAINING CENTER, BY AGREEMENT OR BY CONDEMNATION. WHEREAS, the Council of the City of Virginia Beach, Virginia, has authorized the construction of the Fire Training Center, Project Number 3-605; and WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for construction of this project for the preser- vation of the health, safety, peace, good order, comfort and general welfare of the inhabitants of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney and/or Assistant City Attorney is hereby authorized to acquire by purchase or condemnation, pursuant to Section 15.1-236, et seq., and Section 25-46.1, et seq., Code of Virginia of 1950, as amended, all those certain permanent drainage easements and other interests, necessary and incidental thereto, as shown on Plans for the Fire Training Center, Project 3-605, as prepared by Northen and Sadler, Architects, and on file in the Department of Public Works, Municipal Center, Virginia Beach, Virginia. Section 2. The City Attorney and/or Assistant City Attorney is hereby authorized to make, or cause to be made, in behalf of the City of Virginia Beach, a reasonable offer to owners or persons having an interest in said lands, if refused, the City Attorney and/or Assistant City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of ---October 1977. cmslcj 10/4/77 10 / 10 / 7 7 ITEM #11373 -3 4- COUNCILMAN WATERFIELD LEFT CHAMBERS The following bids were received for the Laskin Road Waterline, Section II: A. Stanley Mundy & Company $679,383.00 Central Builders, Inc. 708,882.00 Engineer's Estimate $503,236.00 Mr. A. Stanley Mundy appeared On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Nays: None Absent: Vice Mayor Patrick L. Standing, and Councilman Floyd E. Waterfield, Jr. City Council voted to defer for one week the approval of the low bid of A. Stanley Mundy and Company, in the amount of $679,383.00, for the Laskin Road Waterline, Section II. ITE@@l #1 137 4 COUNCILMAN WATERFIELD RETURNS TO CHATIBERS On motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr. George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Ilayor Patrick L. Standing City Council voted to approve the following ordinance to amend Section 5-7 of the Code of the City of Virginia Beach, Virginia, relating to Bird Sanctuaries - Fawn Village at Indian Lakes: 10/10/77 - 3 5 - Requested by: Councilman J. Henry McCoy, Jr. AN ORDINANCE TO AMEND 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 as follows: By adding to Section 5-7 (h) the subdivision known as Fawn Village at Indian Lake. This ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of October -, 1977. MES:er 9-27- 77 10 /10 7 7 ITEM #11375 -36- tOUNCILMAN CRO@VELL LEFT CHAMBERS On motion by Councilman Griffin, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman @,leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Crormvell, Jr., and Vice Mayor Patriclz L. Standing City Council voted to authori--e the City Manager to execute an agreement with VEPCO for adjustment of distribution facilities for the North Birdneck Road State Project UOOO-134-106 (Southern Boulevard to Laskin Road), and further approved the following resolution authorizing the City Clerk and City Manager to execute a certain agreement relating to the adjustment of distribution facilities-liorth Birdnecl, Poad: The regulii: inc-@tiiig c)f L-.h(. C@,ur@c@-3. o@@ tl),--@ Ci'-y (Df h(, ,-ac , I.d ill tl-,,@ COUP@cil tli,-, tic,r, Build4.iig on ',-lie 10 - cla@, of -October -1 9- 7.7 on moti.)ii I)y@@@ilman Griffin and Councilman Payne thc@ @c).'J.o@jj-ng A I'LISOLUTION AUTIJORIZITI;G ','IIE C]-'TY AL@ID CI'I'Y CI,Elll, TO E@:ECUT@- A CERTAlil AG,@EEMEINT TO ADJUST@IENT OF DISTRIBUTION FACILITIES- NORTH BIRDNECK ROAD STATE PROJECT uOOO-134-106 BE IT RIPSOLVED BY TJIE COUNCII, 01@' TIIE CITY OF VIPGINIA BEACH, VIIIGINIA: That th(2 City Manzigc--@r and tlie C:-ty Clerk are lierel.)y authorized to execute an agreeniciit, a cold@, of wliich '@s att@iclied hereto relating to Virgiiiia Electric and Power Company adjustment of distribution facilities for the North Birdneck Road State Project (Southern Boulevard to Laskin Road UOOO-134-106). ADOPTED by tlie Coun@-il of the City of Virgini.a Beach, Virginia, tliis 10 day of October 19-77 - 3 7 - ITEM t-tll376 COUNCILMAN CROMWELL RETURNED TO CHAMBERS On motion by Councilman IIcCoy, 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, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to approve a raffie permit for the Windsor Woods PTA, contingent upon the approval from the City Manager, ITEM #11377 Councilman McCoy stated that several Council Members have been approached by the residents of Avalon Terrace regarding approval of the Norfolk Highlands Church of God's request for a Conditional Use Permit. The residents requested the matter be reconsidered as they were not notified of its coming before Council on September 12, 1977. The following persons appeared regarding this request for reconsideration: Mr. Guy P. Bordelon, Avalon Terrace Civic League Mrs. Laura Ramsey Mr. Robert Ramsey The following appeared representing the Norfolk Highlands Churcii of GOD: Nlr. H. Calvin Spain, Attorney The District Overseer of the Churches of God Mrs. Corrine Stowmyer After considerable discussion, the request by residents of the Avalon Terrace area to reconsider a decision for approval made by the City Council on September 12, 1977, regarding an application made by the Trustees of the Norfolk Highlands Church of God for a Conditional Use Permit, was not approved. No motion being made for reconsideration of tbe matter, the original approval of the application, which is subject to certain specifications as set forth in Item #11225 of the City Council minutes of September 12, 1977, stands in effect. ITEM @-11378 On motion by Councilman Riggs, 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 ?4cCoy, Jr., Councilwonian Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice @.layor Patrick L. Standing City Council adopted the following resolution regarding the City of Virginia Beach re-negotiating the water contract with the City of 'qorfolk, and appointed the following study committee to accomplish this purpose: 10/10/77 - 3 8 - The regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers of the Administration Building on the 10th day of October _, 1977. On motion by Councilman and seconded by Councilman Ferrell the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the City of Virginia Beach is desirous of re-negotiating the water contract with the City of Norfolk and WHEREAS, officers of the City of Norfolk have agreed to meet concerning this most important natural resource; THEREFORE BE IT RESOLVED that the following persons are appointed as a study committee to accomplish this purpose: THE HONORABLE CLARENCE A HOLLAND, Mayor of the City of Virginia Beach. GEORGE R. FERRELL, Councilman of the City of Virginia Beach. J. CURTIS PAYNE, (Alternate) Councilman of the City of Virginia Beach. JDB:er 10-4-77 Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of October 1977 10/10/77 - 3 9 - Honorable Clarence A. Holland -- !Aayor Councilman George R. Ferrell Councilman J. Curtis Payne - Alternate ITEM #11379 On motion by Councilman McCoy, seconded by Council-man Ferrell, and by acclamation, the meeting adjourned. Richard J. "',kbbon, City Clerk Mayor Clarence A. Holland, M.@. u City of Virginia Beach, Virginia October 10, 1977 d 10/10/77