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HomeMy WebLinkAboutMAY 9, 1977 CITY OF VIRGINIA BEACI MUNICI PA L,C ENTER "(14,odd'l C'Ity" VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gb J. HENRY M,COY, J,., D.D.S., B,,.@gh VICE MAYOR PATRICK L. STANDING, Al L.,g@ MFYERA E. OBERNDORF, A, L.,g@ JOHN A. BAUM, B.,..gb J. CURTIS PAYNE, P,i.,@,, A... B.,.@gh ROBERT B. CROMWELL, ],. Al L.,g@ ROGER L. RIGGS, Vigi@i. B@.@b B.,@,gb GEORGE R. FERRELL. A, I,.,g@ FLOYD E. WATERFIELD, I,., P.@g. B.,@.gb JOHN R. (,RIFFIN, L,.@h..- B .... gh A G E N D A R[CifARD J. WEBBON, Cily Cl,,k The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m., on Monday, @4ay 9, 1977, for the purpose of conducting public business and will hear and act upon the following items: 1. Call to order by tlie 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. Inv?,cation will be given at 2:00 p.m., by the Reverend Karl. L. Crowe, Lekles United Methodist Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. 5. Roll Call of the Council. 6. Captain Simmons and Milton Holland will make a Rescue Squad & Life Savings award to the following persons: William Barnett Benj,amin Brown Navy CPO Thomas Keith John Crowling 7. Mr. Charles R. Hofheimer wishes to appear before City Council to propose that Virginia Skating Parks, Inc. lease land at Mount Trashmore and con- struct a major skateboard park. 8a. Minutes of the Regular Meeting of April 2S, 1977 to be presented for approval and acceptance. b. Minutes of the Regular Meeting of May 2, 1977 to be presented for approval and acceptance. 9. No Items for Second Reading. 10. Letter from the City Manager recommending that City Council defer an ordinance vacating a portion of 79th street on a certain plat known as Cape Henry, Section D to further allow the applicants of tliis ordinance to meet with officials of the civic league again to clarify the stringent restrictions. 11. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Jungle Golf of Virginia Beach, Inc. for a change of zoning from A-1 Apartment District to B-4 Resort Commercial District on a 14,000-square foot parcel, composed of two lots, located on the south side of 23rd street, west of Pacific Avenue (Virginia Beach, Borough). 12. Letter from the City @lanager transmitting the recommendation of the Planning Commission for approval of the application of Brandywine Corporation, T/A Jamestown East Apartments, for a change of zoning from A-2 Apartment District to A-3 Apartment District on a 3-acre parcel located at the southwest corner of the intersection of Norfolk Avenue and Caribbean Avenue (Virginia Beach Borough). 13. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Bowden Construction Company for a change of zoning from R-2 Residential District to R-3 Residential District on a 12.02-acre parcel located on the south side of Ewell Road, east of Delray Drive in the Thoroughgood area (Bayside Borough). 14. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Virginia Beach Investment Company for a change of zoning from A-1 Apartment District to B-2 Community-Business District on a 0.48-acre parcel located at the in- tersection of Old Providence Road and Providence Road Relocated in the College Park area (Kempsville Borough). 1S. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Carlton E. and Josephine Coppersmith, by Metro Realty Corporation of Tidewater, for a change of zoning from R-5 Residential District to 0-1 Office District on a 18,800-square foot parcel located at the southeast corner of the intersection of Providence Road and Kempsville Road (Kempsville Borough). 16. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Roxiticus Company, by Raymond M. Barrett for a change of zoning from 1-1 Light Industrial District to B-2 Community-Business District on a 2.744-acre parcel located at the southeast corner of the intersection of South Boulevard and Express- way Drive (Kempsville Borough). 17. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of David Oglesby and Rocco J. Lassiter for a change of zoning from B-1 Business-Residential District to B-2 Community Business District on a 2.508-acre parcel located north of the intersection of Level Green Boulevard and Drew Drive (Kemps- ville Borough). 18. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Crown Central Petroleum Corporation for a Conditional Use Permit for an automobile service station on a 30,539-square foot parcel located at the northern corner of the intersection of Lynnhaven Parkway and South Lynnhaven Parkway (Relocated) (Princess Anne Borough). 19. Letter from the City Manager recommending tliat City Council approve the following ordinances: a. An ordinance making appropriations for the fiscal year beginning July 1, 1977 and ending June 30, 1978 in the sum of $130,628,359 for operations and $38,497,086 in interfund transfers and regulating payment of money out of the City Treasurer. b. An ordinance establishing the tax levy on real estate for tax fiscal year 1978. C. An ordinance establishing the tax levy on personal property and machinery and tools for the calendar year 1978. 20. Letter from the City Manager recommending that City Council approve an ordinance to amend and reordain Section 22-lSO.l of the Code of the City of Virginia Beach pertaining to parking spaces reserved for the handicapped. 21. Letter from the City Manager recommending that City Council approve the request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the amount of $126.75. 22. Letter from the City Manager recommending that City Council approve the following water/sewer agreements: Green Hill Farms, Section 2 (Lynnhaven Borough) Water &Sewer Watergate Apartments, Phase 2 (Lynnhaven Borough) Water &Sewer 23. Letter from the City Manager recommending that City Council approve the following Certificates of Public Convenience: Company Currently Authorized Requested Bayside Cab Company 17 cars 12 cars Beach Cab Company 20 cars 8 cars Coastal Cab Company 12 cars 8 cars 24. Letter from the City Manager recommending that City Council approve the following Bingo/Raffle permits: Arrowhead Recreation Association (Renewal) Louis Luxford Elementary School Plaza Little League (Renewal) 25. Old business, deferred from the previous meeting, including any report of the Mayor or committees named by Council. 26. New business, including any presentations by Council Members, citizens and organizations. 27. Motion for adjournment. MINUTES OF THE HONORABLE CITY COUNCIL OF TTIE CITY OF VIRGINIA BEACH, VIRGINIA May 9, 1977 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. Holland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, May 9, 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 Members absent: J. Curtis Payne ITEM #10761 Mayor liolland 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. 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. 2. 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. 3. Discussion or consideration of employment, assignment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. On motion by Vice Mayor Standing, 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, Roger L. Riggs, Vice Mayor 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 #10762 Mayor Holland stated that he was visited by two ladies from the Garden Club thanking the City, the City Administration, the Police and the Sanitation Department for their help in Virginia Beach having one of the best garden tours in the State. ITEM #10763 The Mayor Stated that the Virginia Beach Association received a letter from Mr. Wiley Cooke asking that, if possible, the Virginia Beach Association take over the Virginia Beach Tomorrow program and to continue to spearhead the involvement of the meetings that were held to allow them to be the imput behind it. Mayor !Iolland stated that at this particular time it would do the Virginia Beach Tommorrow program a lot of good to have the Virginia Beach Association behind it. ITEM #10764 The City Manager stated that on May 16, 1977, he will bringing before Council an ordinance authorizing the City to collect a fee of $50 for the processing of applications for vacations of plats. Until the present time the City has charged $100 for street closure applications, and has not charged for applications for vacation of plats. The State Law permits a municipality to charge up to $50 for this ITEM #10765 The City Manager stated that the first item on the agenda, the closure of 79th Street, is one in which he was under the impression that meetings had been held between the property owners and civic league officials regarding the partial closure of the street, and since all restrictions had been agreed to by the applicant the civic league had no objections to the closure; however, a letter was received from the attorney rep- resenting the civic league stating the league's opposition to this closure. ITEM #10766 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, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Councilman absent: J. Curtis Payne The invocation was given by the Reverend Karl L. Crowe, Lekies United Methodist Church, followed by the Pledge of Allegiance. ITEld #10767 Mayor Holland introduced Captain Simmons and Captain Milton Holland from the Virginia Beach Safety Council, who were present to present the following awards: For saving the life of a small child: E. Benjamin Brown William Barnett Thomas H. Keith For saving the life of a small child and her mother: John Crowling. ITEM #10768 Mr. Charles R. Hofheimer appeared before Council requesting the Virginia Skating Parks, Inc., be permitted to lease land at Mount Trashmore for the purpose of constructing a major skateboard park. Mr. Hofheimer stated the park would cost approximately $350,000 and would have four major runs with 100 skateboarders to a run. Along with this there would be a pro shop and also a skateboard clinic. After considerable discussion, this matter was deferred for sixty days to permit the City Manager and City Attorney to look into the feasibility of leasing land at Mount Trashmore for the purpose of constructing a skateboard park. ITEM #10769 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. itiggs, 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 April 25, 1977, and dispensed with the reading of said minutes inasmuch as each Member had a copy. ITEM #10770 On motion by Councilman Waterfield, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, tdayor Clarence A. I-Iolland, 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 May 2, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #10771 Mr. Grover C. Wright, Attorney, appeared regarding this ordinance. The following appeared in opposition: Mr. Peter Agelasto, 111, Attorney Mrs. Elizabeth Sills Mrs. J. C. Kelly Mr. Tazewell Hubard Mr. Andrew Berky After considerable discussion, Vice Mayor Standing made a inotion, seconded by Councilman Griffin, to defer the following ordinance vacating a portion of 79th Street on a certain plat known as Cape Henry, Section D; with the stipulation that the City take some leadership in working out a solution to this overall problem. The recorded vote is as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilman John A. Baum, and Councilwoman Meyera E. Oberndorf Absent: Councilman J. Curtis Payne. City Council voted to defer the following ordinance vacating a portion of 79th Street on a certain plat known as Cape Henry, Section D; with the stipulation that the City take some leadership in working out a solution to this overall problem: A oil tii(' @ill;l I It@ E(lilc@z, ;till S. J@. C. l@ ti, @3 i-. CO rLl t 7 ... I t-(@ t li@, t 13 i L @, i@f \71 1 for tli,i v@@@tic,n pitt ['@@l ti,-,;i o@ 7"il) @3 t , (2 (@ L @IS S C@@; 1-1;IL as (:;ll@ ii@,:) 1). ITIIII@@l@.,'@,,-, it @l@ t,,, @ IIZ!L@ ;, @-,iv,.@n @l,, rc@q@iil('(! l@, SC-,ct !u-,i I'@.I-Z,,3i ,@ tlic@ nf VirgLiiizi (@l to')O, zi,,; aii(I it f @iri 1 !@r tilall tl,t-rc@ .;I:L, 11(@ to tlic, al@,I,t of tl!;,,i fo,- til, L !i@it Tio @@c@llrcf xii I 1, I I to the itil@lic@ in illi i") lc,.t i I I b@ Dr i"' 'FIIE (@t)t @,l 01" OF VIL@(,'LNTA Tliat i pcrtiuii c,r P,@l of tl"' pl@it ii-, ilic C.1c,rk's ()ffice. (,f t Cirrtiit Coui-t of tli,@ t v @@f- l@ICE,c ii i !,@@,p @it 5, I'o(,],, 87 at PL,(, IZi ,iii(l li@!j, ilt @6, -II)tll Strc,c,t (z,,Ti @30' w@,lc iii,, f se"I@@ @@;il i@ J',il 1, ;Ii, I tlic, i@, I is v"icit:pcl iiicl tlie )t @ t "]l @L@l)@liv i@ ioii of of Lal,,(@ (@coipc Col Lots B anci C, "Sitt)(1-Iv @)i 1'r,)I)c,rl (,f C,,i V, -f Block 18, Cap@, Ile@ity, I'@ii;c@ '@) @ii,,i l@nt, A O' Propea@ty of Li@k,2 ic,@@, @:i @'t i,f l@l (,,:L 20, lic,iiry, @c J)" (@fop Boo3@, i@7 at Pzii@L Z, iiii;l " AtiLti@;t J7, 1976 atil" 1)@, Stirv,@yors Virgiiiizi B(@ach, Virg@i,i@i, wiltli t-lic i" Col(i@itiot) of tlii,,, ortiii@ince SI)at] oper;it:L to d(,stroy Ll,( f@,r,,e @i;i,l effc,,@,t ol t I,, rec,@i-diTir, Ilf Llic- part of tl,,C, pliits so vac@ited f,(, t itl, to tl)e c-,iit @@r I iiic, of tlie poi@l joii of tlil@ str,@(,t so va(-@ttci (zi pol-ti,,ii 85' ])y @30') at tlie, ljc@ft cild (,f 71)tli Strec,,t adjacelit t,, S(@a@;llor(, St@itc, Paik @i@ cl tli,@ of al)iit"ini, 'I'I,j @@ or c'ti:),If lc , @)i va"@'i i,),i 'i @'l, t L"t (,f t !i(, )f @iiiy l,till !.c ut i I i ty L@; %,,Iii li@ 1,3 i I v ei @c! t,) ti,@ ri,,,Iit of til,@ City ol Vi iii II tIi -IL@ ii l@l (,I, iiti rt, Ii] @iL@ (,i- i-,@ul,div i,,@ i ()II i ii c 1,@ 'l,"; i, 15' c LISC' ,i- t II(' pti l,l i fol- i @,,@T t,@ C, @;t@ite Bl" IT ()!',[)AI@l tli@it a cei't ifi, I (op, )f Ll,is orL]if,@l@ic(@. of vii(, iit, i(,@II !@liiill I)c rec-,) rle,l iii tllc@ (.'l c, i k ' :i Oi f 1 cc@@ )f ti (@ @ r,@Ll @ L (lo,irt of tlic@ Ci ty of @' l i-@@ i ;i La l@ezicl, , Vi r@, i ili'l t (@ITI 't %,,! i-pl)l;,t or @qit Iiiii 30 (la ys fi,o i DEFERRED: May 9, 1977 Ado lted I)y tIi c- (@o,11]C 1 c,' Ii c, (@ity @a h oil the d@i@, of !6. ,IDE: c@r 10-5-76 ITEM #10772 P@tition of Jungle Golf of Virginia Beacti, Iric. for l Change of Zoning District Classification froni A-1 4ct @,@ l@) 1 r,(@sort Conin-)ercial District on certain prol)erty loc,,,It,!,i ,r, cil i) st, t-,e t I)egiritling al point 100 feet Wcst of @l@@@lanct! (,f '00 feet flie South side of 23rd Str(-,@t, i,i--ill]4 -i @ilon@ th(,- property line, rutining @i of 100 f,, @2 ttlie S()uthern prcper"'y line and running a clist@Lzac(? ',)f "@10 le,,ti z@IOI)I@ @lli,, 11710,@ Sli(i I contains 14, 000 jqii,,.i-c f@et. VI-i@' l@ jI T parce Planriing Goi-nmission A rnotion was passed "@ii, by a r--corc-Lecl vote of 11 to approve "ll;@; For the iiiforrnation of ()f l@)Uii@',il,g the following will 1),2 t I 1. Standard site @,y Lli,@ Sill,-, j)t@ill 2. City water and I! til-re of zii-,c r(,Vie%v. 3. A mininiuri 6 iiicii vzi'l 1 il;ii; froiri tlie l@u rnaii, on Arctic Aventic iri order (O D@' ('V;Cll'If;l-(@ 1)rolecti@)n. 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, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council approved the following ordinance upon petition of Jungle Golf of Virginia Beach, Inc., for a Change of Zoning District Classifi- cation from A-1 Apartment District to B-4 e@sort Commercial District: ORDINANCE UPON PETITION OF JUNGLE GOLF OF Z0577240 VIRGINIA BEACII, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 Apartment District TO B-4 Resort Commercial District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Jungle Golf of Virginia Beach, Inc., for a Change of Zoning District Classification from A-1 Apartment District to B-4 Resort Comm- ercial District on certain property located on the South side of 23rd Street beginning at a point 100 feet West of Pacific Avenue, running a distance of 100 feet along the South side of 23rd Street, running a dis- tance of 140 feet along the Western property line, running a distance of 100 feet along the Southern property line and runnin.- a distance of 140 feet along the Eastern property line. Said parcel contains 14,000 square feet. Virginia Beach 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 site improvements as required by the Site Plan Ordinance. 2. City water and sewer will be required at the time of site plan review 3. A minimum 6-inch water main must be extended from the 16-inch main on Arctic Avenue in order to provide adequate fire protection. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, ITEM #10773 Peti'tion of Brandywine Corp. , T/A Jamestown East Apartments, for a Change of Zoning District Classificatic)ii frorn A-2 Apai-tint@nt District to A-3 Apartment BTtrict on certain property located @it tlie Soi)thwest ititersection of @lorfolk Avenue and Caribbean Avetiuc, running @t clist@,nce of 524. 10 feet along the South side of Norfolk Avenue, riiritiing a clist@ince of 388.12 feet along the Westeril property line of whicli 217. 30 feet is t@ie ,Fast si(le of Rudee Aveniae, rutining a distance of 510. O@t feet aloiig tlic SoLitij,,i-n l@i-ol,)(@i,-ty liiic and riiiiiiii-,g a distance of 267. 56 feet along the V@est sicle of Caril)l)c,,n Avcl-iuc. S@-t@cl Ii.,-Arccl CC)nt;t@ll@; 3 acres. VIRGINIA BEACII BOJ@OUC;ll. Planning Commissioii Reconiiileildatioll: A rnotion was passed unanii-rioiisly by the Plaiiiiii,@g Comniissi(-)n by , recorded vote of 11 to approve this r,@quest. For the information of the ipplicant, prior tc) tlie issiiance of a I)Uilding permit, the following will be requii-ccl by tl)c zdii)inis'.I-Zitive stiff: 1. Standard iniproveiyients as recltiired by t@lie Site Plan Orclinance. 2. City water atici sewer will bc required at the tii-i'le of site plan re-view. Further, this or(linance sli@ill be effecti.ve ijID@)ti satisfactory complizincc to th- conditions impose(i iii tliis illotioli, ZiTI(i it iS unclerstood aild agreed to by tlie ap@licant that tlie official cli@iri@@ on tlie zc)iiin,, nqaps will not be niacle until tlie f. owing condition is satisfic(l: A dedication of riglit-of-way 35 feet froi-n tlie centerline of the existing 50 foot right-of-way alai@- tlie 524. 10 foot rr)orc or less frc)ntage on Norfolk Avenue (a 10-foot dedication). Also, 20 foot r,,<Iii cledications ',Vill be rcquired at the intersections witli (7,aribbeari Avenue ancl Rudee Avcnue. Mr. Jack J. Osmond appeared regarding this petition. Mr. Alton J. Butts appear@,d in opposition. On motion by Councilman Riggs, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Crom@vell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry 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 approved the following ordinance upon petition of Brandywine Corporation, T/A Jamestown East Apartments, for a Change of Zoning District Classification from A-2 Apartment District to A-3 Apartment District: ITEM #10774 Petition of Bowden Construction Company for a ChanQe of Zoniiig District Classificalion fr-orn R-2 Residential District to R-3 Residential District on certain property locatecl c)n the Sotitli sicip o' Road bc-ginning at a point ZZO feet more or less Fast of Duiistan Lane, runiiin,, @l distance of 1573. 67 feet along the Southerii property Iiiie, ruiitiiii@., a (lislance of 38i. 82 feot along the Eastern property Iiiie, rtiniiin, ii cli,,3tance of 1336. 01 feet along tlie Northern property litic @in,l runniiig a distance of 393. 44 fcet along tlie Western property line of -,vhicli 240. 22 feet iiiore or less is the Soiith side of Ewell Road. Sai.cl parcel cojitains 12. 02 i( rcs, (Thoroiigligood Area). BAYSLDE BO--OTJGEI. Planning Cornrnission Re(-ornrnendation: A rriotion was passed titianirylously by the Pl@iiiiiitig Commission by a recorded vote of 11 to deny this requcst due to opposition of residents in tlie area. Mr. Bowden appeared regarding this matter Mr. H. T. Mahler appeared in opposition On motion by Councilman Cromwell, 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 YicCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Ri@-gs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne City Council voted to defer for sixty (60) days the above petition of Bowden Construction Company for a Change of in istrict Classifi- cation from R-2 Residential DistriZt-to R--3 Residential Dist 1 t on certain property located on the South side Of Ewell Road beginning at a point 220 feet more or less East of Dunstan Lane, running a distance of 1573.67 feet along the Southern property line, running a distance of 381.82 feet along the Eastern property line, running a distance of 1336.01 feet along the Northern property line and running a distance of 393.44 feet along the Western property line of which 240.20 feet more or less is the South side of Ewell Road. Said parcel contains 12.02 acres. (Thoroughgood Area). Bayside Borough ORDINA-NCE UPON PEi'ITIO,\ @F 'L31@A@NI)YWI-N], Z0577241 CORPORATION, T/A JAMESTOWN EAST APART- MENTS, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-2 Apartment I)istrict TO A-3 Apartment District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA, that: Petition of Brandywine Corporation, T/A Jamestown East Apartments, for a Change of Zoning District Classification from A-2 Apartment District to A-3 Apartment District on certain property located at the Southwest intersection of Norfolk Avenue and Caribbean Avenue, running a distance of 524.10 feet along the South side of Norfolk Avenue, running a dis- tance of 388.12 feet along the Western property line of which 217.30 feet is the East side of Rudee Avenue, running a distance of 510.04 feet along the Southern property line and running a distance of 267.56 feet along the West side of Carribbean Avenue. Said parcel contains 3 acres. Virginia Beach 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 iniprovements as required by the Site Plan Ordinance 2. City water and sewer will be required at the time of site plan review. 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 dedication of right-of-way 35 feet from the center- line of the existing 50 foot right-of-way along the 524.10 foot more or less frontage on Norfolk Avenue (a 10-foot dedication). Also, 20 foot radii dedications will be required at the intersections with Caribbean Avenue and Rudee Avenue. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of May, 1977, ITEM #iO775 Petit@ori of Virginia Beacii Investrnent Con-ipany for a rict Classification froni A-1 Apiirtnient District tO B-2 Community-Business District on certain property"locatcd it the ititersecti,)n of Old Providence Roacl an(] Providence Road Relocatel begii)ning at @t pc)iiit 850 feet rnore or less East of Military Highway, runrling @t clisl:,aiic(,, of 98. 7'--) fc(-,t in aii Easterly direction, running a distance of 189. 55 feet i,i a Soiitlierly dircction, runniiig a distancc of 107. 40 feet in @in Eas,erly direction, ruiinin,, a dist@ince of 102. 96 feet iri a Southerly direction, running a distancc,- of 33'0. .95 feet along the Nortli side of Providence Road Relocate(i, and running a (iist:,Iiic(-- of 73 feet more or le,,-s in a Nortlierly (lirection. S@,i,i is irrep,,il,,r in shape anci c(@ntii.n-- acre rnore or less. KEvill,@VIT"I'l@@ Planning COrlimissioii Recomrnendatioli: A motion was passr-@d unanin-iolisly by the Plal)r,iri, Comniission by a recorded vote of 11 to approve tliis reqliest. For @lie inforination of the zippl.icinf@, prior to tlie issuince of a buildiiig 13erniit, the following will be requircci by the a(,Illlitlisti-@-@tive staff: 1. Staiidard improven@ents zis i,eqilired I)y the Site Plan Ordinance. 2. City water and sewer will be require(] at Lhe time of site plan review. 3. A grinder pump will be required. COUNCILMAN CROMWELL AND VICE MAYOR STANDING LEFT COUNCIL CHAMBERS. Honorable Owen B. Pickett, Attorney, represented the petitioner On motion by Councilman McCoy, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert B. Cronwell, Jr., J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council voted to approve the following ordinance upon petition of Virginia Beach Investment Company for a n e of in District Classification from A-1 Apartment District to B-2 Community- usiness ]-strict. ORDINANCE UPON PETITION OF VIRGINIA BEACH Z0577242 INVESTMENT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 Apartment District TO B-2 Community- Business District BE IT ORDAINED BY TiE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA, that: Petition of Virginia Beach Investment Corporation for a Change of ZoninL, District Classlfloation from A-1 Apartment District to D@C .. mmuni -ty- i.tri@t 0. Business rtain property located at the intersection of Old Providence Road and Providence Road Relocated beginning at a point 850 feet more or less East of Military Highway, running a distance of 98.75 feet in an Easterly direction, running a distance of 189.55 feet in a Southerly direction, running a distance of 107.40 feet in an Easterly direction, running a distance of 102.96 feet in a Southerly direction, running a distance of 336.95 feet along the ilorth side of Providence load Relocated, running a distance of 73 feet more or less in a Northerly di.rection. Said parcel is irregular in shape and contains 0.48 acre more or less. Kempsville 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 will be required at the time of site plan review 3. A grinder PumP will be required. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of May 1977. COUNCILMAN CROMWELL RETURN D TITEM #10776 E 0 CHAMBERS Tid(, of Ii vot, %,las f, Mr. Neal Porter, Metro Realty, appeared regarding this matter The following appeared in OPPosition: Mrs. Sharon Schmidt Mr. William Younger On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L. Standing CitY COuncil voted to deny the above petition of Carlton E. and Josephine Coppersmith by Metro Realty Corporation of Tidewater for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office strict on certain property located at the Southeast corner of Providence Road and Kempsville Road, running a distance of 100 feet along the South side of Providence Road, runn- ing a distance of 188 feet along the Eastern property line, running a distance of 100 feet along the Southern property line and running a distance of 188 feet along the East side of Kempsville Road. Said parcel contains 18,800 square feet. (Bellamy Manor Area). Kempsville Borough. ITEM #10777 B C'),@', -L; A F the Mr. Raymond M. Barrett appeared on this matter On motion by Councilman McCoy, 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, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council approved the following ordinance upon petition of Roxiticus Company by Raymond M. Barrett for a Change of Zoning District Classification from I-I Light Industrial Dis!-rict to B-2 Community Business District: ORDINANCE UPON PETITION OF ROXITICUS COMPANY Z0577243 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 Light Industrial District TO B-2 Community-Business District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Roxiticus Company by Raymond M. Barrett for a Change of Zoning District Classification from I-I Light Industrial District to B-2 Community Business District on certain property located at the Southeast intersection of South Boulevard and Express@vay Drive, run- ning a distance of 290 feet along the South side of South Boulevard, running a distance of 531.04 feet along the Eastern property line, and running a distance of 650 feet along the East side of Expressway Drive. Said parcel contains 2.744 acres. Kempsville 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 will be required by the Site Plan Ordinance. 2. City water and sewer will be required at the time of site plan review. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of May 1977 ITEM #10778 Petition of Davil Ogle.,; I),i @-,e c)f Z on iii Classification fri@ii I1, District 01) secti,,Ii @@f I alon@,, ti-,c PI. c)i)c J:l rtinnin@ll z., ta iii.,; Z. , 0 8 A motic)yl was r),@ vote C)f 11 to Mr. Cabell Mercer appeared in opposition. On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council voted to deny the above petition of David Oglesby and Rocco J. Lassiter for a Change of Zoning District Classification from B-1 Business Residential District to B-2 Community Business District on cer- tain property beginning at a point 150 feet North of the intersection of Level Green Boulevard and Drew Drive, running a distance of 375 feet along the Western property line, running a distance of 86 feet along the Northern property line, running a distance of 405 feet along the Eastern property line and running a distance of 341 feet along the Southern pro- perty line. Said parcel contains 2.508 acres. (Level Green Area). Kempsville Borough. ITEM #10779 Application of David Orlesl,,, Permit fc)r a feet IN(@,rtli (@f runnitie a distaiicc of 1)6 f(!et ztjo,i@@, 405 feet aloii,, tli,@ along tlic (Level Crecii Are.1). !..ii l,'@j Planning Coiiimi.,5sio@i A niotion w@is vote of 11 to was f(!It thii tis(? On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council voted to deny the above application of David Oglesby and Rocco J. Lassiter for a Conditional Use Permit for mini-warehouses on certain property beginning at a point 150 feet North of the inter- section of Level Green Boulevard and Drew Drive, running a distance of 375 feet along the Western property line, running a distance of 86 feet along the Northern property line, running a distance of 405 feet along the Eastern property line and running a distance of 341 feet along the Southern property line. Said parcel contains 2.508 acres. (Level Green Area). Kempsville Borough. ITEM #10780 Applicati(,ti of )@inies River 11 ty Corporitti(iri for i F;Crvice st cert@i,ir, l@T@opoi@t, I I @ i ;,; I t - (@ f of a 35; f Plati,cii;-.1c, (,o i,@ii i i!; A nioti oii the For til,, iiifc,rll)@ill the j 3 3. l@o otlier biiii(iiii@I i@f haven Rc)ad are to I,,@! c I i i i,-i,t Ii z:,ervice i @; t,, Siipe t. ,,@ ii: i h.tv(@ii R(@)@irl ri- 5. CO-,I)Plil;lc,, Atitc)n-iobile Service Mr. W. J. Anderson, VGRA, appeared in opposition I On motion by Councilman Griffin, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, and J. Henry McCoy, Jr. Nays: Councilmen John A. Baum, Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E. Waterfield, Jr. Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council voted to approve the following resolution upon application of Crown Central Petroleum Corporation and James River Realty Corporation for a Conditional Use Permit for an automobile service station: RESOLUTION UPON APPLICATION OF CROWN CENTRAL R0577108 PETROLEUM CORPORATION AND JAMES RIVER REALTY CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION BE IT RESOLVED BY TIIE COUNCIL OF THE CITY OF VIRGITIIA BEACH, VIRGINIA, that: Application of Crown Central Petroleum Corporation and James River Realty Corporation for a Conditional Use Permit for an automobile service station on certain property located at the intersection of the Northern right-of-way line of Lynnhaven Parkway and the Eastern right-of-way line of South Lynnhaven Road (Relocated), running a dis- tance of 155 feet along the East side of South Lynnhaven Road (Relo- cated), running a distance of 175 feet in a Northeasterly direction, running a distance of 175 feet in a Soiitheasterly direction, running a distance of 155 feet along the North side of Lynnhaven Parkway and running around a curve a distance of 20 feet, Said parcel contains .701 acre. Princess Anne Borough. For the information of the applicant, orior to the issuance of a building permit, the followin-- will be required by the administrative staff: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. No gasoline service islands are to be located closer than 55 feet to any other building on the lot. 4. Only two curb cuts on Lynnhaven Parkway of 24' maximum width, each clearly marked "in only" and "out only", and one curb cut on Soutil Lynnhaven Road. Further, there is to be no median cross-overs on South l,ynnhaven Road or Lynnhaven Parkway. (amended Auizust 22, 1977, Item #11197 5. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. This resolution shall be effective upon date of adoption. Adopted by tlie Council of the City of Virginia Beach, Virginia, ITEM #10781 Mr-. Robert D. Yates, Sr. appeared on this matter. On motion by Councilman McCoy, 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, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council voted to approve on first reading the following ordinance making appropriations for the fiscal year beginning July 1, 1977 and ending June 30, 1978, in the sum of $130,6-z8,359 for operations and $38, 497,086 in interfund transfers and regulating the payment of money out of the City Treasury: AN ORDINANCE MAKTNIG APPROPRIATIONS FOR THE FISCAL YEAR BEGIT@@114C, JUf,@ 1, 197 7 AND RNDING @@l )F C)@@17, TI[IRI- ,,@@JNF, 30, 19@@;. TI,' ')Ill' S I MFL,f,]()T,I, @-f r@qlqT",Y Tii()@j"'AliD, Til E "'!',@o,.S:@8,359) FOR C',PERh'i'l FOUR l-@IJNI)'RFD NTliEl'@ ,@'IX CoL,l-4RS f$@18, 97,7@,8@", T OF REGI@.LA@i',G TliE PA,'@IFll MOt-@L@@@' C,-IJT O@' WIIEAREAS, tlie (ity ,-iibmitted to tlie Council an Annual Btidg(.-t foz yezir begititii@c i(ily 1, 1977, aiid ending Jiirie 30, 19/@i, j,@": @t i@ tc, approdzjate suffic@L@i.,-,t fuids to cover said NOW, THEREFOf@i,', B@," -,-j' OP@I)A,I!T@,,]', C',-)ITNCII, OF TIIE CITY OF "@ji@(,LNIA BEACH, VIRGINIA: Section J, @i,e i-,Ir@LCI ONE HIJNDRED N-INE MILLION, ONE iit'jNDI@EI) i@41,.@N't@Y FIITE L,'OIJR 111INDI@FD FOR'EY "@Vl@ ill()If,AI;S ($169,125,445) coiisi!,tinp, of TI@]!@l*-',' l@-,(@IIT FC)UR ililkll)RI.7,D N114Li',Z TIJOUSAND, ETC',IITY STX IJUNDRED THIR'I'-@ @l I I 1, 1 o@@, 1 FIFTY NINI@ DOI,I,@',Izs be neccL;@;@iry i il,, l@ submitt,,d by ti,(. (@iL, approl)i- 1977-78. for i" funds of Llie t i set fortli Jii for the @,eiic 1 9 Code Number f F, enditures '9-- GENERAL FITI@D: le@islatiN,e Departiuent: Muiiicipa@, ci@@-icil City Cleik 'rotal Exectitive @)epaitment: City Maiia@;er Public T@iforni@itioii @,446 The Graiit: office @@3,580 i e ,)ffice of Lliiiergency Ser,,, c s Office of Fnicrgency Me.-ii(al Servi(@es l,aw 1) t city 2,@ Finaiice -ii,t: c)i Lli,.@ Revei,@tie Boar@- of @@Tializaticn 1 ty I T Ass s u 3 -c; 6@ 'Preastif ,, n( I Isl@ l@ireccor o@ i,tnance @esearcfi Purchasi,@@, 1 Etpplo-,,ee.,, 1', ino. 2, 1 @6, 3i8 ni (Col-,tilluFd) 20 Code Budget Number Itetn of Expendit r@ 19 77- 19 78 GENERAL FUND: 6. Jtidicial DU:,rtme@t Circuit Court 190,744 General District Cotirt 156,525 Juvenil.e and Domestic RelatioTis Court 59,559 Juvenile Probation 470,051 LunAcy Coimiiigston 5,300 COMMOTIWe,ll.th's 324,261 Commoriwc!altl)'s Social 32,891 High 156,263 Shey.iff 199,962 Clerk of Circtjit Co@.ti:!@ 109,500 City Jail. 578,525 Jtivenil.c-- !,c,@,i 43,000 ,Tiistic(!E,@ of t[ic@ Tot@il $ 2,332.102 7. c,vcriti ve I,i 494,357 Coninititilty Alc@,)Iiol 53,914 City 100,298 Al@@oliol @(@ @;1/2,1 35,360 Meiital Ilealth @ii),i ;@@?tirdati,)ii Services B,)ctTd 153,387 conil Y (@ll c, 1) s ivc! it I i L;, lie 683,409 t l@l k7 liandic;ippe(i 116,207 Coml)roli,@ii@;ivc@ Siil,,@@ iticc-2 AI)TIse 262,031 i @,y 15@tse @l'i Center- 44 8 , 8 16 T(,tal $_.__2,347,779 8. I)j.i (@t L,)r @)f S(,c i @t I Services $ 2,:326,005 Pul)l.i(,, Ass.!,stance 1,798,280 200 O@00 Total. 4,324,285 (Coiit@iLn,j(,.d) Code B,,idg&.t Ntimber Item of F,*,wr)c.-,@ ii @ i, es 1977- t9 9. Pol i,ce D Der)arr,n,iit icp 7,! 80, 5 3,@, 16, 97 296@371 n 7, /@ 97, I 0 362, 5 @51 I-Ioi i , 25.1; 2@ 5 5,i., 29 i@, e@,! 98, i @(@) I i @ 153, i2 !,.A,ks I , I,, 2 9 1 9-14 1 20 ,l 6 , 21 rodE Numi)e,@ e f '977--1978 13. t- iren t A 1 39 @12 2 3 7, 886 10(i 7/,'@ 2 1 @5 2 1 9 61 16, 9 i 4 i .2 7@'@ 1 56 o )C, 24 Code Budget Number Item of Expenditures 1977-1978 WATER AIM SM-IFR FMID: 20. @Irt@Tpcnt of Ptiblic Utilities: (Concluded) SOLI@-@Of Supply $ 3,340,650 Operations and Maintenance- Water 2,199,965 Operations and Ifaintenance- Sewer 895.862 Total $ 7738,914 Revenue Bond Debt Service 295 850 Transfer to Other Funds 95 879 Reserve for Conti.iigencies 200,000 TOTAL I,.IKPER AND SEWER FUND SCIIOOI, OPERATING PtrQl): 12. @art,,r,ent of Edtication: Adiiiiaistration $ 827,745 Research, Planning, and Davelopment 290,997 Instrttction, l@egular Day School 38,492,066 Otlier Instructional Costs 4,908,742 Atteridance aiid licilth Services 804,066 Pupil Transporti,,tion 2,797,019 Operations of School Plant 4,050,425 Mainte.nance of Scliool Plant 2,501,136 Fixed Cliarges 3,085,300 StiT=er Scliool 262,525 General Adult Education 39,386 Basic Adult Education 54,381 Vocatioiial Adult Education. 121,254 Capital Outlay 483,948 TOTAL EDUCATIOti 1-5-817 , @o LAVI LTBMT.,Y FUND: 12. Law Library (Continued) 25 -Code Bddget Number Item of Expendittire 1977-1,978 VIRGINIA BEACII SPECIAT, RE@VRNUE FLMD: 9. Transfer to Otlier Ftirids $ 57 500 SIX BOROUGli SCITOOT, DE]IT FUND: 25. Debt Service $ 379 141 BAYSIDE ANT) KE@FPSVILLE BOROUCIIS SCHOOL I)EBT FUlil): 25. Debt Service $ 10 8@7 @ENERAT, DFBT FUND: 25. Debt Service $ 11,370@3@ VIRGTNIA EFACII BOROITGII GENERAL DEBT FUND: 25. Debt Service $ 82 100 TOTAI, BUDGET $ 169,125,445 Less: Interfulid Transfers 38,497,086 NET BTIDGET $ 130@628,3-59 26 Section 2. Subject to the provisions of Chapter 2, Article III, of the Virginia Beacli City Code, the salaries and wages set fortli in detail in said Annual Budget, are hereby autliorized and fixed as the maximum compensation to be paid for services rendered. The total of positions, shall be the,maxinitun number of positions authorized for the various departments, bureaus and divisions of the City during said fiscal year, and the number thereof shall not be increased during said fiscal year unless authorized by the Council. The City Manager may frotn time to time increase or decrease the number of positions in the labor class provided the aggiegate amount expended for such services shall not exceed,the respective appropriations made therefore. The City Manager is authorized to make su6h rearrange- ments of positions within bureaus named herein, as may best meet the uses and interests of the City. Section 3. All collections of delinquent City taxes sliall be credited to the General Fund of the City by the Treasurer. Section 4. All collections of local taxes levied shall be credited to the General Fund of the City. Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such specially designated fund. Section 5. All tax abatlments and tax supplements dated subsequent to June 1,1978, for the 1978 tax year shall accrtio to the General Fund of the City. 27 Section 6. All balan(,es of the 91,propriations payable out f each fund of the City Treasury uneilctliiibered lit tli, cl6se of business on the thirtietli (30th) day of June, 1978, except as otherwise provided for, are hei7eby declared to he lapsed into the siirpl.tis of tlie respective funds, except Scliool operating Fund %@,iiich sliall lapse into tlie General Fund Surplus, and shall be used for tlic payment of the appropriations which may be made in the appropriatioii ordinance for the fircal year beginning Jul-y 1, 1978. Section 7. No departi@ient, bureati, agency, or individual receiving appropriations under the provisions of this Ordinance sliall exceed the amount of its or his appropriati.ons c-xcept witli consent and approval of tlie City Cotiiicil fil-st bcing obtaiii(,d, l,ut it is expressly provided that the restricti,ons with Yesl)t@ct: to tlie xl,(,n(ilttire of the fiinds approl)riatecl shall apply only to the totals for ci(h (lep@krtiTient, bureau, agency, or individual includ(,d in tliis Ordin@,nce. The City @tanager is h(?reby atithorized to apl)rove transfers for appropriations @,,ithin any departnent or betweeil departments in an atqount not to exceed $5,000 iii any single tr@@iiF;actioii, aiid further, I)e is authorized to approve transfers and exl)enditures from tlie Reserve for Contingencies in an amount not to exc(,(-,d $5,000 in any single transaction. in addition, the City Manager is authc@rized to exercis.e control over classes of expenditures within bureat!S. Section 8. Notliiiig in this section shall be c,)nstrued as authorizing any reduction to be ip@ide iii the ainotiiits al)i)ropriated in 2 this Ordinance for tlie payment of interest or bonds on tl,e bonded debt of tlie City Government or the former political subdivisions of Virginia Beach and Priiicess Anne County. Section 9 Allowaiices out of any of tlie rppropriatioiis made in tliis Ordinance by aiiy or all of the City deparlments, bureaus or agencies, to any of their officers and eniployees for e),Penses on account of the use by such officers and etni,loyees of tileir personal automobiles in tlie di.scharge of ttieir officiiii duties shall not exceed fifteen cetits (15cts) per mile of actual. travel. Section 10. All traveling e.@nse accoiints shall be submitted on forms and accordli@g to regillatioiis prescribed or approved by the Director of Finance. Earli acco?int shall show tlie dates e@.pei-xses were incurred or paid; iiLLuber of mi lts travc,.Ied; iiiethod of trlv-01; hotel expeiase@,, neals, iiici.df--iita.1 e)rreiises E,,uch @is telegr,,.inis, telephone calls, etc. Tlie f)irector of Finance is specificr.Ily directed to withliold tlie i@@pu@ince of cliecks in payinent of exl)ense accounts sub@-nitted for "Iti.,rzp-suin" z,,iiounts, exccipt in the case of Council Meinbers and einploye-es of tli(! School Board. Section 11. That tliis Ordinaiiee sliall be in effect fr,,m and after the date of its adoption. Sectiori 12. That if any part or parts, se(.tion or secti(,ns, sentences, clause oi- phrase of t@iiis Ordinance !r, for any i:eas,,ii declared to be unconstitutional or i.iivalid, suc@i decision sliall not affect tlie validity of t:lie remainir,g portiolis of tliis Ordinaiice. First Reading: May 9, 1977 Second Reading: This ordinance shall be effective from date of adoption. Adopted by the Council of. the City of Virginia Beach, Virginia, on the da-y of 1 1977. , ITEM #10782 On motion by Councilman Ferrell, secodded 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, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council voted to approve on first reading the following ordinance establishing the tax levy on real estate for tax fiscal year 1978: AN ORDINANCE ESTABLISIIIN(@' THF, TAX LEVY ON REAL ESFATE FOR TAX ri.SCAT, YEAR l@978 BE IT ORDAINED 1,Y TIIE COUNICIL OF I'IIE CITY OF VIRGINIA BEACII, VIRGINIA: Section 1. AMOtllqT OF T,FVY ON R7@--Al, F,STATI-1. There shall be levied and collected for fiscal year 1978 taxes for general purposes on all real estate, not exciiijit froin taxation and not otherwise provided for in tliis Ordinance, oil each one hundred dollars ($100) of assesse-d valuation tliereof, based on the following rates: General Six Borotigh liosquito Total Rate Borougli Coverruneiit School. Dc,.I)t Control FY 1978 Bayside $ .84 $ .01 $ .02 $ .87 Blackwater .84 .01 - .85 Kompsville .84 .01 .02 .87 Lynnhaven .84 .01 .02 .87 Princess Ainc .81A .01 - .85 Princes@- @losqu7-t:o SIA .01 .02 .87 Ptingo .84 .01 - .85 Pungo Mosqui.to .84 .01 .02 .87 Virginia Bc@acli' .81, - .02 .86 The real prolerty I-ax r@itc.,3 @qlil.cli been prescribcd in tlii:-, section shall be applied on @ho b,.sis of onc liundro(I pctrcenttiiii of tlic fai.r Plarl@et value of su(:IA i.-cal 1'rop"@rty eycept for ptil,lic senice r(,.al property N,71iicii 30 Section 2. @IOUNT OF T,E\'Y O'@@ LNL)QT AS PROVID,7D F'OR TN' SFC-TI@OiT 5@8-512.1 Or TH-L,, c()I)E or i A (395,'@)), AS ,____-V RGTNL ,*IF@TDED. Thcre shall be levied and collecte@l for Feneral I)url,oser, for fis@cl year 1978 taxes on all Public Service Real Property, %,,hich has not bee,, equalized as provi.ded for iii @'c-ction 58-512.1,of the Code of Virginj,a (1950), as amended, on facii oT,(, li,iiidrcd ec,lllrs ($100) Of nSFe';sed valuation tliereof based oii tli(, fnllotqing rales in accordailce with Section 58-514.2 of the Code of Vir,,,inia (1.950), as amerided: General Si- Borougli Mosquito Total R,,3,-e Borough Covei,iirciit ',chocll Dc@f)t Co-itrol l@7P, Bayside $ .03 $ .05 Blackwat@c,r 2.1,0 .03 - 2.1" Rempi@vilic! 2.10 .03 @.05 2.i,s L)mnlik,@vcn 2.10 .03 .05 Princoss Anne 2.10 .03 - 2.13 Pungo 2.10 .1)3 - 2.13 Virgiiiia Beacli 2.10 - .05 2.11, Tlie re,,il @,@opf@ri:y tax rates iTt tli@,.@ S,--ctioii @,,hal.1 b,@ @Tplied on the basis of forty percentlj, ci fai.r viirket v@iluE-, of sucli rc@il S(,cti on 3, l@'017,IT OY,, T,T-@VY 011' 1101@l,l!-, TON C. 1,7 AND rA('TT,TTTIS" AS 'nie.re sliell le I.c@vied aT@@l CCI I I for p,(@np-ril c @.i 1 year 1978 tax,!s on il.1 re@il esL@,tc@ ccrtifiecl by tlie of Vi.ri,inia as "@)olliiticn Control T.qtii@,TIIIL P'ld n@t (,Xell,@I)t from taxation, on e,,ich onc, Iiiiii(ired ($100) of tliereof, 1),isel on tli,@ f-,,IlowiliF@ 3 1 Ceneral Six Borough Mosquito Total l@ate Borough Covernment School Debt Control FY 1978 Bayside $ .84 $ .01 $ .02 $ .87 Blacla,Tater .84 .01 - .85 Kempsville .84 .01 .02 .87 Lynnhaven .84 .01 .02 .87 Princess Anne .84 .01 - .85 Princess Anne Ilosquito .84 .01 .02 .87 Pungo .84 .01 - .85 Pungo Mosquito .84 .01 .02 .87 Virginia Beach .84 .02 .86 The real property tax rates imposed in this section shall be appl4-ed on the basis of one huiidred percenttwi of fair market value of such real property. @ection 4. CONSTITUTIONALII@. That if any part or p.,irts, sectic)n or sections, sentences, clause or phrase of tliis Ordiiianc(@ is for any rctasoii declared to I)e unconstitutloral or invalid, such decision shall not affect tlie validity of tlie remaiyiirt.,., portion of this Ordilialice. Section 5. DATE: This Ordinance shall be iii effect@ from and after the date of its adoption. First Reading: May 9, 1977 Second Reading: Adopted by the Council of the City of Virginia Beach, Virginia, on the clay of 1977 ITEM #10783 On motion by Councilman Riggs, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Croinwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council voted to approve on first reading the following ordinance establishing the tax levy on personal property and machinery and tools for the calendar year 1978: AN OltDll;,VICI'. FS'I'I%BLISIII',G 'rile TAX 1,EVY ON Pi"I,I;ONAL Pl@OPi:!,'J-)f AliD I-IA@'i".NERY TOOLS CALI]@,i)lj@ YUS 1978. BE IT ORDAINI@1) BY TIIE COIZZCIL 01@ ')'IIE CITY 01@' VIRGINIA BEACII, VIRGINIA: Sc,.ction I.. OF l@VY O@@q TAII(@I.Bl-.I', PET)@SOZIAL PROPERTY. Tliere shall be levicd an.d collccted for general purposes for the 1978 calendar year taxes on al.1 tangible personal property, not excinpt froni taxation and not othervise provided for in this Ordinance, at the rate of six dollars ($6) oii each one huiidred dollars ($100) of assessed valtiation thereof. Tlic rate. iiiposed I)y tliis sectioil sliall be applied on the basis of 45% of tl,e fal.r iiiarlcr-,t valu(, of such l,ersonal property. S(,eti.oii 2. A@IO(JNT OF Ijil,@,Y ON VFIIT(;T,I"S CI,ASSIFIFT) AS Pr@1,0'@,TAT, PROPE:RTY IISED As Tio"ri.T, ito, ,Ii:s ol, oi@l,-,-c,, 'lliere sl,,all b(.! lctvie-(l ar)d col.lect(-@cl for gencral I)urposes fcjr the calciidar year 1978 taxes oii @ill vehicl.(,.:; @,-'@tliout ii,)tor powcr as defined in Sectioii 36-71 of tlie Code of VirgilliF,, (1950), iis aT@icinded, usl@d or designated to be iis@d as mobilc lionies or officc,@, or for other of habitatio-,i by any person, on each one liuii,.ircd dollars (,@,100) of assess(,@d valuation tlicreof, 1),lhod on the tay- rates: B2Lo@, 1 i ---Toi:al. R.,,tct 1978 Bayside $ .87 Blacl@ater .85 Kempsville .87 Lynnhaven .87 Princess Atine .85 Princ-.ess Antic llosquito .87 Pungo Pungo Mosquito .87 Virginia Beach .86 33 Tli(, pctrsonal- pr(,n(@rty raten !,za prescril)ed in this ;E@ci:ioii sli@'ill I)e qpl,lied on ti@e b,,si.s o@ oiie Iiiinclre.(l percentuii of the fair nL-IrIcet value of st,,cll persoiial. property. Sectiun 3. or I.E\7y c,, @,, Al@T, IIOA:@S 011@ 14tTE.RC-PAFT UNDER FIVL TO@IS BITII,]']]FN USED 0,@ There sliall be lev@led aiid collected for the calendar year 1978 for geiieral purposes taxc,-, on all bocz.ts or watcrcrift under fi.ve tonb- I)urthen usc@d for business or pleasure, at LI)e rate of v,!-x dolliirs ($6) on ('.acli one flundrecl dollars (@100) of a:3@-(@.,S@-d valu@l.,tion thereof. The rate imposed by tliis s@,tion sliall bc, on of forty-five percentur@i of thc-- fair it@ari@c@t vali@c of sucli pi.-oj,c ty. ,Sectioii 4. 1,TIOU,,,@T O@r,, 1,T,,:VY O@' ('@ONTI@,01, CI,AS"IFi@'-,) AS' l@, @inl;,"l, 111@op@ TTv. Viere sliall be levipd ancl c(,Il,@cLLd for LI)e calciidar year 1978 for g(-,aeral ptirposes taxes c)ii all p(!r.@;oiial property certifi.ecl 13y the Cont@nonwe;-,!.th of Virginia as "Pol.Iiition Coiit):il. Equip-,@,('.i)t and F@icilivic@s" not cxc,-,ript: froiii tay,,)tioi, at the of six c,(,],Iarb ($6) on Cqch olle litmdred ($100) of @sc@ss(,.d valuatinii ttiereof, Tlie- ratc imposed by tl-ii,; secti.on shall be applied on the basis of 45% olr thc fair market valii(@ of such personal property. SecLioit 5. A@IOIINT OF l,li@'VY ON A-RID TOOT,S. There sliall be le@ied and collectcd for tlie,, calenclar yc-ar 1978 @@or general purlc,ses taxes on machinery and tools, not exempt from taxatioi, at tlie rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof. The tax irip(,sed by tlii,,; section shall bc,- applied on tl,,@ ba,,;iS of "I@/, )i (Ilc, 4 -lir of A@i and tools. ;,,In o@. @@cd Lo [Ill." c, First Reading: May 9, 1977 Second Reading: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1977. ITEM #10784 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. I-Ienry McCoy, Jr., Councilwoman @,leyera E. Oberndorf, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council voted to approve the following ordinance to amend and reordain Section 22-150.1 of the Code of the City of Virginia Beach: Requested by: Mayor Clarence A. Holland AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-150.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: It shall be unlawful for a non-handicapped operator of a motor vehicle to park in a parking space reserved for the handicapped. The non-handicapped operator of a motor vehicle parked in a parking space reserved for the handicapped at privately owned shopping centers and business offices may be issued a summons without the necessity of a warrant being obtained by the owner of such property. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach on the- 9th day of May , 1977. Note: For state law authorizing localities to regulate handicapped parking on private property see Code of Virginia 46:1-184:1 ITEti #10785 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. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council voted to approve the following tax refunds in the amount of $126.75: f 7 0 'V 1 P,'; @',l I ABL@ACH, VIRCII;TA: BE IT T@y I-iT o[r@ C, I'@,l CTT' for tax iil)ot, C@-rLificat:iol-I of th(,, Trea@-urer azc-- bc-r(@ly Totaling, $ @l? -,'l C @j DATI, TIO'I -PATI@ -31-ENA--,'@. It,qT.-.,--'f.OTAI, tc)ll R. 1- 11 -77 7.50 1,9 7 1. 9 1 -'-'I --77 7.50 ic,, 1)@ Ic@'77 1 1.50 ).-/4 -7 7 7,50 3,97 7 CD 51,)91.2 I - 21 -7 7 7@50 B. ]--?4-77 7.50 tii C, Pc@vic i-977 CT) 7 1-1 0 -7 7 7.-',O S. @,ovi@- 1"77 2 8 28 -7 7 7,50 y A. Rol)erts 1- 77 1-10-77 7.50 stoii Cal-,Za\qa)7 1977 G]) 601[89 @-9-77 7.50 ve C. Koi,la 1977 ('I) l@3.123 1- -4-7 7 7.50 hard L. B--Icher 1977 CID 6(@11179 4-19-77 15.11,10 d S. liebb 1-977 (,T)TI, 'i ')'-! 8 0 7 1.-13-77 75 ces Flo-cist 1977 Cl) 314757 ]--24-77 20.00 ald R. Craicg l@,77 C') 47309 j-18-77 7.50 ii F. Womble 1977 ci) 49631 l@.@1-9-77 7.50 The above abatement(s) totaling c $1 9-@i , v7ere approvcd by the Council of the C@@Ly of Virginii Beach oii the PLI1 diy OF Treastirer Approved as,,to form: Ricliard J. W 011, Cill'y Dale )@iirson, City Attoriiey On motion by Councilman Griffin, seconded by Councilman @AcCoy, 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, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council approved the following standard water/sewer agreements: Green Hill Farms, Section 2 (Lynnhaven Borough) Water/Sewer Watergate Apartments, Phase Two (Lynnhaven Borough) Water/Sewer ITEM @-10787 On motion by Councilman Ferrell, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council approved the following applications for Certificates of Public Convenience: Currently Approved, an Authorized Bayside Cab Company 1.7 cars 12 cars Beach Cab Company 20 cars 8 cars Coastal Cab Company 12 cars 8 cars ITEM #10788 On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council approved the following Bingo/Raffle permits: Arrowhead Recreation Association (Renewal) Louise Luxford Elementary School Plaza Little League (Renewal) ITEM #10789 Mrs. Niegro appeared before Council in opposition to the request Of Mr. Charles R. Hofheirner for permission to lease land at Mount Trashmore for the purpose of constructing a major skateboard park. Mrs. Niegro stated that there was ample rental property in this City for recreational purposes, and leasing Mount Trashmore for private enterprise would be opening a "pandora's box." ITEM #10790 Councilman Riggs introduced Mr. Strickland who wished to address Council regarding the parking on Atlantic Avenue. Mr. Riggs stated that it put a hardship on the Motel-Hotel owners trying to find parking spaces for their patrons. Mr. Strickland stated the Motel-Hotel owners were trying to avoid a situation that will be coming up on Memoral Day - all those cars and no place to park. The City Manager stated it was not the intention of the City to cause anyone any hardship. The intention was to keep Atlantic and Pacific Avenues as clean as possible, and if it is the wishes of the merchants along Atlantic Avenue not to have the parking eliminated for cleanup purposes and if they wish to clean it up themselves there will be no objection from the City. The City Manager further stated that possibly the City could work with those property owners who are having the most problem with the parking and if they indicate they will keep the street clean themselves, then the City will eliminate it. ITEM #10791 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, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L. Standing City Council voted to appoint Mr. Rhys Kear to the Tidewater Transportation District Commission to succeed Mr. George E. Tinnes as an Alternate. ITEM #10792 Councilman Riggs stated that after hearing Doctor Neil Frank speak on hurricane protection, he would like Council to set up a special committee to study this matter further. Mayor Holland stated that Delegate Bernard Barrow made mention of possibly having a group made up of legislators, developers, City planners and citizens of this City to study this problem. ITEM #10793 On motion by Councilman Ferrell, seconded by Councilman Griffin, and by acclamation, the meeting adjourned. erk City of Virginia Beach, Virginia May 9, 1977