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HomeMy WebLinkAboutNOVEMBER 7, 1977 CITY -9 VIRGINIA BEICI MUNICIPAL CENTER @.10@t tity VIRGINIA BEACH, VIRGINIA 23456 .9 MAYOR CLARENCE A. HOLLAND, M.D., B.y.id@ B.,.@gb I HENRY M@COY, ],., i).D.S.. K..p@ill@ B.,..gb VICE MAYOR PATRICK L. SI-ANDING. At L.,g, MEYERA E. OBERNDORF. At L.,g@ JOHN A. BAUM, B.,..gb j CURTIS PAYNE. A@@@ B.,ogh ROBERT B. CROMWELL, I,, A, L.,g@ ROGER L. RIGGS, Vigii. B@.@b B.,..gb GEORGE R. FERRELL, A, L.,g. FLOYD E. WATERFIELD, ],, P..g. B .... gb jOtIN R. GRIFFIN, Ly..b-,. B.,..gb A G E N D A RICIIARD 1. WEBBON. Cil, Cl@,k THE CITY COL)NCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, WILL ASSEMBLE IN THE ADMINISTRATIC)N BuILDING, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, IN REGL)LAR SESSION, AT 1:00 P.M., ON MONDAY, NOVEMBER 2, 1977, FOR THE PURPOSE OF CONDUCTING PUBLIC BUSINESS AND WILL HEAR AND ACT UPON THE FOLLOWING ITEMS: 1. CALL TO ORDER BY THE 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 COUNCIL WILL RECONVENE IN THE CITY COUNCIL CHAMBERS. 4. INVOCATION WILL BE GIVEN AT 2:00 P.M., BY THE REVEREND MALCOLM L. YAPLE, PRINCESS ANNE METHODIST CHLRCH, VIRGINIA BEACH, VIRGINIA. PLEASE REMAIN STANDING FC)R THE PLEDGE OF ALLEGIANCE. 5. ROLL CALL OF THE COUNCIL, PUBLIC HEARINGS AND CONSIDERATION OF PUBLIC BUSINESS. A. MINUTES OF THE REGULAR MEETING OF OCTOBER 24, 1977 TO BE PRESENTED FOR APPROVAL AND ACCEPTANCE. B. CITY COUNCIL IS REQUESTED TO APPROVE THE FOLLOWING CORRECTIONS TO THE COUNCIL MINUTES OF SEPTEMBER 26, 1977; 1. ITEM #11266 - PETITION oF GRIER JOHNSON READS " CFIANGE OF ZONING FROM A-1 APARTMENT DISTRICT TO A-2 APARTIVENT DISTRICT" . THIS SHOULD READ " CHANGE OF ZONING FRom A-1 APARTMENT DISTRICT TO A-2 APARTMENT DISTRICT AS FOLLOWS: SIX ACRES ON THE EASTERN SIDE OF THE ACCESS ROAD TO THE RECREATION AREA A-2; AND 4.2 ACRES ON THE WESTERN SIDE OF THE ACCESS ROAD A-1; AND SUCH OTHER STIPULATIONS AS NOTED IN THE PLANNING COMMISSION RECOMMENDATIONS." 2. ITEM #11267 - PETITION OF BROAD BAY PROPERTIES, INC., READS " CHANGE OF ZONING FROM' R-1 RESIDENTIAL DISTRICT TO R-3 RESIDENTIAL DiSTRICT.:' THis SHOULD READ " CHANGE OF ZONING FROM R-1 RESIDENTIAL DISTRICT To R-3 RESIDENTIAL DISTRICT, WITH A MODIFICATION TO REZONE THE LOTS ALONG THE NORTHERN PROPERTY LINE THAT IS, THE SOUTHERN BOUNDARY OF BROAD BAY To R-2 RESIDENTIAL DISTRICT." C.) CITY COUNCIL IS REQUESTED TO REVIEW THE LETTER FROM MR. ROBERT J. SCOTT, PLANNING DIRECTOR, TO MR. GEORGE HANBURY; AND IF IN AGREEMENT WITH THE SUBSTITUTE OFFERED BY SOUTFLAND CORPORATION, AUTHORIZE THE CITY CLERK -M DELETE THE REQUIREMENTS FOR CITY WATER AND SEWER WITH REGARD TO THE 7-11 STORE AS SET FORTH IN THE COUNCIL MINUTES OF AUGUST 15, 1977 AND SL)BSTITUTE THE REQUIREMENTS OF THE PUBLIC HEALTH DIRECTOR AS SET FORTH IN HIS LETTER OF AUGUST 5, 1977 WHICH IS HEREBY MADE A PART OF THE MOTION BY INCLU@-ION AND AUTHORIZING THE SUBSTITUTE THEREOF. 7. CONSENT AGENDA. ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN TFE FORM LISTED. THERE WILL BE NO SEPERATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATR Y. A.) CITY COL)NCIL IS REQL)ESTED TO APPROVE ON SECOND READING AN ORDINANCE To ACCEPT A GRANT FOR $58,333 FROM THE JUSTICE AND CRIME PREVENTION AND APPROPRIATE TO GRANTS PROGRAM FOR POLICE MICRO-FILMING. s.) LETTER FROM THE CITY t4ANAGER RECOMMENDING CITY COUNCIL TO APPROVE THE LOW BID OF W. R. HALL, INC., IN THE AMOUNT OF $152,521, FOR CONTRACT I--SANITARY SEWERAGE FACILITIES, TRANTwOoD SHOREs III-A; AND FURTHER, APPROVE THE LOW BID OF VAN DE RIET CONSTRUCTION COMPANY, IN TFE AMOUNT OF $61,419, FOR CONTRACT II--SANITARY SEWERAGE FACILITIES, TRANTWOOD SHORES III-A. 8. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF GREAT NECK ROAD, LYNNHAVEN BOROUGH. 9. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL DEFER THE FOLLOWING ORDINANCES BACK TO THE PLANNING COMMISSION FOR FURTHER STUDY: A.) AN ORDINANCE TO AMEND AND REORDAIN SECTION 4.4 OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH RELATING TO LOTS SPECIFICALLY: ZERO SIDE YARD SET- BACK LINES MAY BE DESIGNATED FOR A LOT IN ANY ZONING DISTRICT WHICH ALLOWS IT, PROVIDED THAT SUCH A LINE SHALL APPLY TO ONLY ONE OF THE LOTS TO WHICH IT IS COMMON. THE LINE AND THE LOT TO WHICH THE REGULATIONS APPLY SHALL BE DESIGNATED OF THE PLAT. A LOT MAY HAVE ONLY ONE ZERO SIDE YARD SETBACK LINE PERTAIN To IT. A FIVE-FOOT MAINTENANCE EASEMENT SHALL BE DESIGNATED ALONG THE ZERO LOT LINE ON THE LOT TO WHICH THE ZERO LOT LINE DOES NOT APPLY. B.) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I, SECTION III, OF THE CZO PERTAINING TO DEFINITIONS SPECIFICALLY: ZERO SIDE YARD SETBACK LINE. A SIDE YARD LINE FOR A ONE FAMILY DETACHED DWELLING FROM WHICH THE SIDE YARD SETBACK IS ZERO IN ACCORD- ANCE WITH THE PROVISIONS OF THE APPLICABLE DISTRICT. c.) AN ORDINANCE TO AMEND AND REORDAIN THE CZO BY AMENDING ARTICLE I, SECTION 102 TO ESTABLISH AN R-iO RESIDENTIAL DISTRICT. io.) LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE TO APPROPRIATE FUNDS UNDER THE ANTI-RECESSION FISCAL AID PROGRAM TO BE RECEIVED FROM.THE OFFICE OF REVENUE SHARING: ESTIMATED REVENUE TOTAL Fgom OTHER AGENCIES APPRQPRIATIONS FINANCE $ 2,308 $ 2,308 LIBRARY 25,000 25,000 HiGHWAYS 30,000 30,000 BuILDING MAINTENANCE 30,000 30,000 $87,308 $87,308 11.) OLD BUSINESS, DEFERRED FROM THE PREVIOUS MEETING, INCLUDING ANY REPORT OF THE MAYOR OR COMMITTIES NAMED BY COUNCIL. A.) *By COLIRTESY OF COUNCILMAN CROMWELL*: NiR. ALLEN E. PERREL WILL PRESENT ENGINEERS FRom ROBITECH INDUSTRIES WHO WILL PRESENT DATA REGARDING THE USE OF PLASTIC AND ASS PIPE IN WATER AND SEWER MAINS, AND PROPOSE THAT STANDARDS OF THE DEPARTMENT OF PUBLIC UTILITIES BE AMENDED TO PERMIT THE USE OF SUCH MATERIAL IN PUBLIC RIGHTS OF WAY. 12.) NEW BUSINESS, INCLUDING ANY PRESENTATIONS BY COUNCIL MEMBERS, CITIZENS AND ORGANIZA- TIONS. A.) MRS. VIRGINIA REED, AND REPRESENTATIVES, WISH TO APPEAR BEFORE CITY COUNCIL IN REGARD TO THE DISPOSITION OF THE FORMER UNITED STATES COAST GUARD STATION. 13.) MOTION FOR ADJOURNMENT. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA November 7, 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, November 7, 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, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Member absent: J. Curtis Payne ITEM #11425 Mayor Holland entertained a motion to permit Council to conduct an informal session to be followed by an executive session for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 3. The protection of the privacy of individuals in personnel matters not related to public business. 4. Consultation with legal counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Councilman Cromwell, 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, Roger L. Riggs, Vice @layor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to proceed into the executive session following the informal discussion. ITEM #11426 The City Manager stated that because the incumbent Treasurer is not going to be in office during the next term there will be an audit at the end of the year, and the Treasurer's office will be closed December 28, 29, and 30th of this year. The closure will also apply to all branch offices. 7 7 7 - 2 - ITEM #11427 !4r. Robert J. Scott, Planning Director, appeared before Council in the informal session and discussed the R-10 zoning, which is #9 on the formal agenda. Mr. Scott noted the following two changes in the R-10 ordinance: a. Definitions - side yard setbacks b. Section 4.4 of Subdivision Ordinance ITEM #11428 The City Manager presented a proposal regarding the adoption by the City of an ordinance which would provide for a tax reduction and/or abatement for disabled and handicapped persons domiciled in the City. The proposed ordinance would parallel the present ordinance which permits reduced real estate taxes for elderly persons, specific guidelines being stated for income levels and net worth. The City Manager was directed to make a further study and formulate an ordinance. Mrs. Margaret Keester was present to support the ordinance. ITEM #11428(b) The City Council and the Planning Commission were requested to coordinate to enable a Council hearing on an application for an addition to a church on Little Neck Road, the contract for which must be signed before years end to save a denominational grant. ITEM #11429 At 2:15 p.m., City Council reconvened in the Council Chambers with the following Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Member absent: J. Curtis Payne The invocation was given by the Reverend Malcolm L. Yaple, Princess Anne Methodist Church, followed by the Pledge of Allegiance. ITEM #11430 On motion by Councilman Cromwell, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to approve the minutes of the regular meeting of October 24, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #11431 On motion by Councilman Ferrell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent: Councilman J. Curtis Payne City Council voted to approve on second reading the following ordinance authorizing the issuance of water and sewer revenue notes of the City of Virginia Beach, Virginia, in an amount not to exceed $5,100,000 and $3,000,000 water and sewer revenue bonds of the City of Virginia Beach, Virginia: - 3- AN ORDINANCF, AUTIIORIZliiG THE ISS17A@,4CF OF WXfE%t A,iD SE,,,'ER REVF\ITF Nr)-iFoO OF THE CIT@Y OF VIRGINIA BrA(7,u. VTRCTLIIA IN AN M',UUi%'T NOT TO EXCEED $5,100,000 AND $3,000.000 WATER AND SE@-TER REVENUE BONI)S OF TliE CITY OF VTRGINTA BEACii, VIRGI,N'IA WHEREAS, as a part of a progran@ for acquiring water and sewer facilities located within the boundaries of the City, the City Council has dete=ined that it is desirable to acquir-e the sewer systems of Princess Anne Utilities and Aragona Utilitics and the water and sewer system of Petibroke UtilitieR; and Wl the City propose$ to acquire such systems by the purchase of the stock of PA Corp. wliieli owiis all the stock of Aragota ULilities, Princess Anne Util.ities alid Pembroke ULilities and following atich acquisition to dis- solve the corporatiuns and to i-nteg;rate their water Indl'or $eWer SyStCm@ into the City's water and sewer systerii; and WILEREAS, the City by re.-3oliition tdopted oti October 24, 1977. has authorized the execution of a contract wi-@h the owners of all the stock o@- PA Corp. for the purchase of such stock (the Stock Pureltaue Contract) ; ,tnd WILE@ , Lhe City propose3 to pay for the acquisition of sucli stock through the issuance of two sep.1rite iqstle.-t of its oblie,,-ttiotis in an aggregate principal amount not to exceed $8.100,000 an conlcmplated by the contract. 11/7 /717 4- 2. THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THF, CITY OF VLRGINIA REACH, VIRCI&NIA. 1. It is hereby determined to be necessary and expedient for tlie City of Virginia beach Lo acquirc Lhe newer systems of Princess Atine Utilitics and Aragona Utilities and the water and sewer systein of Pembroke ULiliticti Llirougli the purchase of all the stoek of PA Corp. and to finatice in part such acquisition throtipli @llic. isski@kiicts.ii of $3.000.000 water and sewer revenue bonds of the City and water and sewer reveliuc liotet; of the City in an amun-I not to exceed $5,100,000. .2. Purau.,int t--o tlie Auchority of Lhe Charter of the City of Virginia Beach (Chapter 147. Acts of "-sembly of 1962, as amended) and the Public fitiatice Act, as amendcd, there are hereby authorized to be issued $3.000.000 water and sewer 're.venue bonds of the City of Virgiiiii Betcli aiid water and st-,wer revenue notes of the City of Virginia Beach in .11-1 ,Imoklnt not to exceed $5.100,000 to provide funds together witli olher funds tha,t may be available for the acquisition of Princess Aiine Utilities, Aragona Utilities itid Pembroitc, Utilities through the purchase of all the -stock of PA Corp. 3. The details of the botids will be sl)ecified in an appropriate resolution or resoliltions adopted subsequent hereto and will be n,3 tiec.@t;sary to carry out the tei-nl- of the Slock Purchase CotiLract. 5 - 4. The det.,iij.-I of tlie notes will be specified in an OPPropriate resojutiot, or resolutions adopled Subsegiient hereto and will be as necessory to carry out the term$ of the Stock Purchase Contract. S. Tile bonds and the note4 shall be limited obligations of the CitY Poyable soleiv froni the reven-ues to be derived from the water and sewer systcrit of the City. The bonds ;and tbe notes shall state that thev shall tiot be deemed to ci-eate or constitute an 4@ndebtednesR of or a pledge o" the fiill faith and credit of Lhe City, the Coumionwealth of Virginia or ally poliLical siibdivision of the Comnotiwealtli. The issuance of the bonds and tlie notes and the. undertakiiig of the covenants, cotiditions and agreements to be contiiiied in the resolution or resolutions to be adopted hereafter ati-all not directly, iii- directly or contingently obligate tlie CiLy. the CoTnon,.7e*ltb. or any other political subdivision of the Commonwealth, to levy and collec@, atiy taxes whatnoever, tlierefor@ or make any appropri,itioti. therefor,- except from Lhe revenues of the water and sewer svstem pledged to payment of principal of aild interest on tlie bond and the notes. 6. The reaoliition or rcuolulions to be adopted b(!re- after authorizitig Ltic issuance of the bondq ititi the notes and providing the detlil.' thereof rtiall conlain apptoptiate coveiiitit,-: recluiring the City to fix, citz-trge and collect such rates. fees and other cliorges for the use of and for the services fiii'tiished by its water and sewer avsteni Ititj to re- 6- vJse tlie same from time to time and as often as shall be necersary so as to ptotluce suf ic It C f !.e. I . n t reveiiues to pay principal of and interept on tlie I)ond.-t *nd tlie notes as the saw.e become due and to provide a margin of nafety therefor. Such resolution @hall also include such additional coven.-Ints, tgreements and other terms as are custonary for the protection of the holdars of water and sewer revenue obligations. First Reading: October 24, 1977 Secotid Reading: November 7, 1977 Adopteci by tlie Couticil of Virgitlia Beacli oti tbe day of 1977. GC:JEB:er 16-20-77 - 7 - ITEM #11432 On motion by Councilman Waterfield, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to approve the following correction to the minutes of September 26, 1977, in the application of Grier Johnson: "Change of Zoning District Classification from A-1 Apartment District to A-2 Apartment District." This should read: "Change of Zoning from A-1 Apartment District to A-2 Apartment District, as follows: 'Six acres on the Eastern side of t e@ access road to the recreation area A-2, and 4.2 acres on the Western side of the access road A-l'." ITEM #11433 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, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to approve the following correction to the minutes of September 26, 1977, in the application of Broad Bay Properties: "Change of Zoning from R-1 Residential District to R-3 Residential District." This should read: "Change of Zoning from R-1 Residential District to to R-3 Residential District, with a modification to rezone the lots along the northern property line, that is, the southern boundary of Broad Bay to R-2 Residential District." TTEM #11434 On motion by Councilman Baum, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to authorize the City Clerk to delete the requirements regarding City water and sewer in the application of the Southland Corporation for a 7-11 store and substitute the requirements of the Health Director which were for an alternate method of sewage disposal. 7 / 7 7 - 8- ITEM #11435 On motion by Vice Mayor Standing, 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. tiolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to approve on second reading the following ordinance to accept a grant totaling Fifty Eight Thousand, Three Hundred and Thirty-Three Dollars ($58,333) from the Division of Justice and Crime Prevention, and to appropriate these and additional funds for the Grant's program: AN ORDINANCE TO ACCEPT A GRANT TOTALLING FIFTY EIGHT THOUSAND, THREE HUNDRED AND THIRTY-THREE DOLLARS ($58,333) FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION, AND TO APPROPRIATE THESE AND ADDITIONAL FUNDS FOR THE GRANT'S PROGRAM WHEREAS, the Division of Justice and Crime Prevention (DJCP) has awarded the City with a grant for the purpose of establishing a Police Microfilm system; and WHEREAS, bids for the necessary microfilming equipment require additional funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT, a grant from the DJCP be accepted and appropriated for the following purpose: Estimated Revenue Local Total 1'rom Other Agencies Match Appropriation Police Microfilming $ 55,416 $44,974 $ 100,390 THAT the appropriations will be financed by $55,416 estimated revenue from the DJCP, and local funding of $44,974, to be transferred from the Police Department's Operating Budget. FURTHERMORE, that the City Manager be authorized to enter into any contracts or agreements necessiated by this program. First Reading: October 24, 1977 Second Reading: November 7, 1977 Adopted by the City Council of Virginia Beach on the 7th day of N4ovembDe,r 1977. GGD:JDB:er 10-19-77 11 /7 7 7 ITEM #11436 -9- Th8 following bids have been received for sanitary sewerage facilities, Trantwood 'o-hores III-A, Contract I, in the Lynnhaven Borough: W. R. liall, Incorporated $152,521.00 A & W. Contractors, Incorporated 169,859,40 M. E. Wilkins, incorporated 175,982.80 Central Builders, Incorporated 216,213.30 Engineer's Estimate $171,500.00 On motion by Vice @layor Standing, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to approve the lo,, bid of W. R. Hall, Incorporated, in the amount of $152,521.00, for the sanitary sewerage facilities, Trantwood Shores III-A, Contract I, in the Lynnhaven Borough. ITEM #11437 The following bids have been received for sanitary sewerage facilities, Tran twood Shores III-A, Contract II, in the Lynnhaven Borough: Van de Riet Construction Company $ 61,419.00 Crowder Contracting Company 63,700.00 Engineer's Estimate $ 63,000.00 On motion by Vice Mayor Standing, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to approve the low bid of Van de Riet Construction Company, in the amount of $61,419.00, for sanitary sewerage facilities, Trantwood Shores, III-A, Contract II, in the Lynnhaven Borough. ITEM #11438 On motion by Councilman Ferrell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to approve the following ordinance closing, vacating and discontinuing a portion of Great Neck Road, in the Lynnhaven Borough of tbe City of Virginia Beach, Virginia: I I / 7 / 7 7 -10- AN ORDINANCE CLOSING, VACATING AND DISCONTINUTING A PORTION OF GREAT NECK ROAD, LYNNHAVEN BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that the City of Virginia Beach, would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter portion of Great Neck Road closed, vacated and discon- tinu@d as a public road of the City of Virginia Beach was duly posted at the Courthouse of the Circuit Court and at two public places in the City of Virginia Beach, Virginia on the day of , 1977. WHEREAS, the land proprietors affected thereby have been duly notified; and, WHEREAS, said application was made to the City Planning Commission and to the City Council and pursuant to the statutes in such cases made and provided, the Council appointed Viewers who have reported to the Council that no inconven- ience to the public or to private individuals would result from such closing, vacation, and discontinuance; and, WHEREAS, the City Planning Commission after proper notice and hearing, has reported thereon to the Council; and WHEREAS, it is the judgment of the Council that said portion of Great Neck Road should be closed, vacated and discontinued; now therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the certain portion of said Road described as follows in the Lynnhaven Borough of the City if Virginia Beach is hereby closed, vacated and discontinued as a public road of the City of Virginia Beach, said certain portion of road not being needed for public use and travel. ALL THAT CERTAIN portion of Great Neck Road as appears on that certain plat entitled "Plat Showing Great Neck Road Street Closure from City of Virginia Beach, Virginia, Date: 7/15/74, Scale 1" - 100', Engineering Division, Department of Community Services" which plat is on file in the Department of Public Works, Real Estate Division. 2. That 30 days after this date a copy of this Ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of the City of Virginia Beach and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach on the 7th day of 1977. JAR:er 9-6-77 117 7 7 - I I - ORDINANCE APPOINTING VIEWERS WHEREAS, the City of Virginia Beach, Virginia, has given due and proper notice, in accordance with the statutes for such cases made and provided, that it would on this day apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuing of the hereinafter described portion of Great Neck Road in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and have filed such application with the said Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That C,. 0,.1 ert are hereby appointed to view the below described property and report in writing to the Council on or before , whether in their opinion, any, and if any, what inconvenience would result from the dicontinuing, closing and vacating of that certain portion of Great Neck Road, located in the Borough of Lynnhaven, City of Virginia Beach, Virginia, and described as follows: ALL THAT CERTAIN portion of Great Neck Road as appears on that certain plat entitled "Plat Showing Great Neck Road Street Closure from City of Virginia Beach, Virginia, Date: 7/15/74, Scale 1" - 100' , Engineering Division, Department of Community Services" which plat is on file in theidepartment of Public Works, Real Estate Division. 7 7 7 - 1 2 - ITEM #1143,9 On motion by Councilman Baum, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to refer back to the Planning Commission the following ordinance to amend and reordain Section 4.4 of the Subdivision Ordinance of the City of Virginia Beach relating to lots: AN ORDINANCE TO AMEND AND REORDAIN SECTION 4.4 OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH RELATING TO LOTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4.4 of the Subdivision Ordinance is amended and reordain as follows: 4.4 Lots (i)-Zero side yard setback lines may be designated for a lot in any zoning district which allows it, provided that the reg- ulations accompanying such a line shall apply to only one of the lots to which it is common. The line and the lo@to which the regulations apply shall be designated on the plat. A lot may have only one zero side yard setback line pertaining to it. REFERRED BACK TO PLANNING COMMISSION: November 7, 1977 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1977 ITEM #11440 -13- On motion by Councilman Baum, seconded by Councilman Rigg, and by recorded vote e,@ 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, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to refer back to the Planning Commission the following ordinance to amend and reordain Article 1, Section 111, of the Comprehensive Zoning Ordinance pertaining to definitions: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111, OF THE COIQREHENSIVE ZONING ORDINANCE PERTAINING TO DEFINITIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; That Article 1, Section 111, Definitions of the C.Z.O. is amended and reordained as follows: Zero Side Yard Setback Line. A side yard lot line for a single family detached house from which the setback may be less than that required in the applicable District, and may be reduced to zero. REFERRED BACK TO THE PLANNING COMMISSION: November 7, 1977 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1977. 11171 -i4- On motion by Councilman Baum, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Geor@.e R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to refer back to the Planning Conmission the following ordinance to amend and reordain the Comprehensive Zoning Ordinance by amending Article 1, Section 102 to establish an R-10 Residential District: AN ORDINANCE TO AMEND AND REORDAIN THE COHFREHENSIVE ZONING ORDINANCE BY AMEND- ING ARTICLE 1, SECTION 102 TO ESTABLISH AN R-10 RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Zoning Ordinance is amended and reordained by amending Article 1, Section 102 and by adding the attached R-10 District, as follows: (a) In order to carry out the purposes and provisions of this Ordinance, the following districts are hereby established: (3) Residential Districts. Residential Districts shall consist of: R-1 Residential R-2 Residential R-3 Residential R-4 Residential R-5 Residential R-6 Residential R-7 Residential R-8 Residential R-9 Residential Townhouse R-10 Residential REFERRED BACK TO THE PLANNING COMMISSION: November 7, 1977 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1977. 11/7/77 1 5 - J. R-10 Residential District 590. Areas for a variety of residential dwelling types, where facilities are adequate to accomodate them, and where they will be compatible with their surroundings. 591. Use Regulations Within an R-10 Residential District only the following uses and structures shall be permitted: (a) Principal uses and structures: (1) Dwellings, one family attached; (2) Dwellings, semi-detached and two-family detached; (3) Dwellings, one family detached; (4) Dwellings, one family detached with zero-lot line; (5) Agricultural and horticultural uses and structures, provided that uses and structures relating to the keeping of livestock, poultry or bees shall not be allowed; (6) Day care centers and child care education centers in connection with public or private elementary schools or churches; (7) Non-illuminated golf courses, including par 3 but not miniature, with a minimum area of ten (10) acres, together with such uses which are incidental to golf courses, provided that such uses shall be designed and scaled to meet only the requirements of the members, guests, or users of the golf course, and no signs or other indications of such uses shall be visible from any public way; (8) Parks, playgrounds and community centers, botanical and zoological gardens and other public buildings and uses; (9) Public elementary, intermediate, and high schools, colleges and universities, business colleges (but not trade schools); day nurseries in connection with public or private elementary schools or churches; (10) Public utilities installations and substations, provided offices or storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual trans- formers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screen- ing hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a land- scaped screening hedge, solid except for access opening. -16- (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinante to principal uses and structures, including but not limited to garages, tool sheds, green houses, swimming pools, bar- beque facilities and tennis courts. (c) Conditional uses and structures. Uses and structures herein- after specified; subject to compliance with the provisions of Part C of Article 2 hereof: (1) Churches; (2) Day care centers; (3) Extractive industries, including the removal of sand and soil; (4) Facilities for the production of live theatre and allied purposes including education in the theatre arts; (5) Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; (6) Muse@,-q and art gallaries when not operated by a public agency; (7) Private schools having academic curricul,,mg similar to public schools; (8) Recreation and amusement facilities of an outdoor nature, other than as specified under permitted primcipal uses and structures, which may be partially or temporarily enclosed on a seasonal basis with approval of City Council, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; (9) Storage and maintenance installations for public utilities 592. Minimum Lot Area, Lot Width, Yard Spacing, and Height Regulations Within the R-10 Residential District, the following shall apply: (a) The minimum lot area for each dwelling unit in a townhouse development shall be 1,400 square feet with an average lot area of not less than 2,500 square feet, provided, however, that the minimum lot area for churches shall be three (3) acres. (b) The minimum lot width for each dwelling unit in a townhouse development shall be twenty (20) feet for interior and thirty (30) feet for end lots measured at the building location. Each lot shall have frontage on a dedicated public street. (c) The minimum lot area for single-family detached unit shall be 5,000 square feet, and the minimum lot width shall be forty (40) feet. 1 7 - (d) The minimum lot area for two-family detached dwellings shall be 10,000 square feet, and the minimum lot width shall be seventy-give (75) feet. (e) The mini-um lot area for each section of a semi-detached dwell- ing shall be 5,000 square feet, and the minimum lot width for each section shall be thirty-five (35) feet. (f) The mini-um lot area for single-family detached tmits with zero-lot line shall be 5,000 square feet, and the mini-m lot width shall be forty (40) feet. (g) For uses other than the residential dwelling unit permitted in the R-10 District, front, side and rear yard requirements shall be the same as specified for the R-8 Residential District. (h) For townhouse development the following shall constitute the yard requirements: (1) Mini-m front yard setback shall be twenty (20) feet. (2) Minimum side yard setbacks shall be ten (10) feet for the lots at each end of each building group. (3) Minim,-m rear yard setbacks shall be twenty (20) feet for each dwelling unit. (4) The maximum number of attached dwellings that may be constructed in any one (1) group, without the required side yard setbacks is nine (9). (i) For single family detached dwellings, the minimum front yard setbacks shall be twenty (20) feet. The minimum side yard setbacks shall be five (5) feet, and the minimum rear yard setbacks shall be ten (10) feet. (j) For two-family detached dwellings, the minimum front yard setbacks shall be twenty (20) feet, the minimum side yard setbacks shall be ten (10) feet on one side and five (5) feet on the other side, and the minimum rear yard setback shall be ten (10) feet. (k) For single family detached dwellings with a zero-lot line, the mini-um front yard setbacks shall be twenty (20) feet, the side yard setback related to the established zero-lot line may be zero, provided that the minimum side yard set- back on the other side is ten (10) feet. - 18- ITEM #11442 0-i motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, JT. Nays: None Absent: Councilman J. Curtis Payne City Council voted to approve on first reading the following ordinance to appropriate funds under the Anti-Recession Fiscal Aid Program to be received from the Office of Revenue Sharing: ITEM #11443 Mr. John Hodgson appeared before Council regarding the preservation of the old Coast Guard Station. Mr. Hodgson stated that with regards to historic land marks, the City has already designated the area an historical site, and the General Services Administration bas recommended the Coast Guard Station be listed as an historic land mark. The records show that tbe owners, whomever the courts decide, will be willing to transfer the Coast Guard Station to the City of Virginia Beach. Ilowever, the building will have to be moved, perhaps to the foot of 24th Street. The City Manager stated that at Council's request the staff looked into the possibility of moving the Coast Guard Station from its present location to 24th Street. It could not, however, be parallel to the beach as it is now, but would have to be moved perpendicular to the beach. The building could be moved for approximately $25,000, and be refurbished for approximately $130,000. ITEM #11444 Mr. Allen Perrel appeared before Council to introduce Mr. Gary Farr, who will speak before Council regarding the use of plastic water and sewer pipes, Mr. Perrell did, however, request that Council amend the Department of Public Utilities standards to allow the use of PBC pipe for City water and sewer mains. Mr. Farr stated he did bring a sample of the produce and literature for Council's perusal, and stated that PBC pipe will not do the following: 1. Deteriorate 2. Corrode 3. Have shear breaks The advantages to the use of PBC will be the following: 1. Eliminates man power as pipes are light weight. 2. High impact resistance. 3. Diameter same OD as pipe now used. 4. Directly tap into lines now being used. 5. Long term safety factor of 4 to 1. 6. More economical The City Manager stated that he feels there is a definite advantage to the use of PBC pipe, and engineering studies are underway and he will- be reporting back to Council on this matter. 7 / 7 7 - 1 9 - ITEM #11445 Councilman McCoy stated that after the lady was beaten up at Hilltop he wondered if the Police could have classes on how women could defend themselves. The City Manager stated that the Police Department has a special squad that goes to all women's groups to teach them self-defense. ITEII #11446 Councilman McCoy stated that due to the recent rains could it be possible for the City of Virginia Beach to lift restrictions on water usage rather then wait until December 1, 1977. ITEM #11447 Councilman Riggs stated he attended a meeting with the Hotel-Motel owners regarding their objections to the 8-foot wide bicycle path; and stated that the owners were going to ask the Council to hold up on the construction of the bicycle path. Vice Mayor Standing stated that Council was asked to accelerate this project in the Capital Improvements Program, and it would not be right to not allow bicycles on the boardwalk another year, particularly, since the project has been accelerated. There is a rumor that Mo-Peds will be allowed on the bike path, that is not true they will be restricted from the boardwalk. Council directed the City Manager to continue with the project. ITEM #11448 On motion by Councilman Cromwell, seconded by Councilman Baum, and by acclamation, the meeting adjourned. Richard J. W@bon, City Clerk yr @laren@A. o nd, City of Virginia Beach, Virginia November 7, 1977 d 11 7 7 7