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HomeMy WebLinkAboutMAY 21, 1979 MINUTES CITY OF VIRGINIA BEACH "<VVotld't J:a.'tfJut cd?uo'tt City" MUNICIPALCENTER VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L, STANDING, At Large VICE MAYOR J. HENRY McCOY JR., D.D.S., Kempsville Borough JOHN A. BAUM, Blackwater Borough F. REID ERVIN, At Large GEORGE ~ FERRELL. AtLa~e -,\RBARA M. HENLEY, Pungo Borough CLARENCE A, HOLLAND, M.D" Bayside Borougb DONALD W, MERl?/CK, Lynnhaven Borough MEYERA E. OBERNDORl', At Large J. CURTIS PA YNE. Princess Anne Borougb ROGE R L. RIGGS, Virginia Beacb Borougb RUTH HODGES SMITH. City Clerk ITEM I ITEM I I CITY COUNCIL AGENDA INFORMAL SESSION: Monday, 21 May 1979 - 1 :00 p.m. A. CALL TO ORDER - MAYOR PATRICK L. STANDING B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Emergency Medical Services of Virginia Beach: Public awareness slide presentation ! 2. Discussion of recently com- Community Survey: pleted survey. 3. Police Officers: Discussion of two-step salary increase - requested by Councilman Merrick. FORMAL SESSION: Monday, 21 May 1979 - 2:00 p.m. A. INVOCATION - Reverend Grover E. Berry Salem United Methodist Church B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF REGULAR PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 14 May 1979 E. RESOLUTIONS - None F. PUBLIC HEARINGS - None G. 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 the form listed. There will be no separate discussion of these items. If discu?sion is desired, that item will be removed from the Consent Agenda and considered sepal~ately. . I I ITEM II - G. H. CONSENT AGENDA 1. Letter from the City Manager recommending that City Council approve the ordinance to authorize a temporary encroachment into a portion of the right-of-way of Silina Drive to Princess Anne Civic League; and The ordinance authorizing a temporary encroach- ment into a portion of the right-of-way of South Plaza Trail to Princess Anne Civic League. 2. Letter from the City Manager indicating that Grover C. Wright, Jr., attorney as requested an additional three-week deferral of the ordinance to authorize a temporary encroachment into a portion of the right-of-way of 31st Street to Greenco Corporation; and the request by Greenco Corporation for a Con- ditional Use Permit for a recreational facility of an outdoor nature on a .2 acre parcel which consists of what is now 31st Street, between Atlantic Avenue and the Oceanfront (Virginia Beach Borough). **These items were deferred for two weeks on May 7,1979. 3. Letter from the City Manager recommending that City Council approve the request of Mr. John T. Atkinson, City Treasurer, for authoriziation to charge off uncollectable checks in the amount of $343.00. 4. Letter from the City Manager recommending that City Council approve the request of Cox High School Booster Club for a raffle permit. PLANNING ITEMS 1. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Rose E. Bissett for a change of zoning from R-4 Residential District to B-2 Community~Business District on a .36 acre parcel located at the northwest corner of Great Neck Road and North Lakeside Drive (Lynnhaven Borough). 2. Letter from the City Manager transmitting the recommendation of the Planning Commission to allow withdrawal of the application of Parker Industries for changes of zoning from R-l Re- sidential District to R-2 Residential District for three parcels totalling 15.7 acres. These parcels are located at the terminus of Harris Road (Lynnhaven Borough). 3. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of DeMille Enter- prises for a change of zoning from A-2 Apart- ment District to B-2 Community Business Dis- trict on a 17.121 acre parcel located on the east side of Lynnhaven Parkway, north of Magic Hollow Boulevard (Princess Anne Borough). ~ I I ITEM II H. 1. PLANNING ITEt-1S 4. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Robert W. Ham, Lowe's Companies, Inc. for a conditional use permit for outdoor storage for accessory use to sales on a 4.19 acre parcel located on the north side of Bonney Road, southeast of Inde- pendence Boulevard (Kempsville Borough). Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Tracy Leon Moon for a conditional use permit for a bicycle ren- talon a 77500 square foot parcel located on the east side of Atlantic Avenue, north of 21st Street (Virginia Beach Borough). 5. 6. Letter' from the City Manager transmitti ng the recommendation of the Planning Commission for denial of the application of C. W. and V. H. Hutchinson, Jr., for a conditional use permit for a bulk-storage yard and building contractor's yard on a 1.615 acre parcel located on the south side of Connie Lane, east of Lawrence Drive (Bayside Borough). 7. Letter from the City Manager transmitti~g the recommendation of the Planning Commission for denial of the application of John D. Holland, Jr., and Rita H. Joyner for a change of zoning from R-6 Residential District to B-2 Community- Business District on a .285 acre parcel located on the east side of Witchduck Road, south of Erskine Street (Bayside Borough). Deferred for 60 days on March 19,1979. 8. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Eric C. and Pat- ricia F. Smith for a change of zoning from R- 5 Residential District to 0-1 Office District on a .24 acre parcel located on the south side of Larry Avenue, east of Newtown Road (Bayside Borough). **Deferred for four weeks on April 9,1979 and for two weeks on May 7, 1979. ORDINANCES 1. Planninc¡ a. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the ordinance to amend and reor- dain Article 1, Section 111 of the CZO pertain- ing to definitions. b. Letter from the City Manager recommending a three week deferral for further study, and transmitting the recommendation of the Planning Commission for approval, of the ordinance to amend and reordain Article 2, Sections 200, 202 and 203 of the CZO pertaining to general re- quirements and procedures. I I I ITEM II 1. J. K. L. M. N. PLANNING nEf.1S 2. 3. In general - None Second Readings - None 4. Appropriation~ a. First readings 1. "Letter from the City Manager recommending that City Council approve the ordinance, on first reading, to adjust appropriations for second and third years. funding for the Community Development Block Grant Program in the amount of $2,280,000; and The ordinance, on first reading, to accept $1,973,000 from the Department of Housing and Urban Development and to appropriate these funds. b. Bids - None c. Grants - None 5. Code Amendments - none ADDITIONAL ACTION ITEMS - None UNFINISHED BUSINESS 1. Boards and/or Commissions OLD BUSINESS 1. Citizen's Advisory Committee for Housing and Community Development - Reverend Barnett Thorogood NEW BUSINESS. Adjournment. 1. Motion for adjournment. ... ~ I Minutes of the Honorable City Council OF THE' CITY OF VIRGINIA DEACH, VIRGINIA May 2l, 1979 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, May 21, 1979, at 1 :00 r.m. Council Members Present: John A. Daum, F. Reid Ervin, George R. Ferrell, Barbara r,1. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Absent: Clarence A. Holland I ITEM #13745 Mayor Standing entertained a motion to per~it Council to conduct an INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the pur- pose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. (P~rsonnel r.1atters) 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of ~bJl.çly_~~~~-~ e r t X ) '" 3. Consultation with legal counsel and briefing by staff members, consul tants, or attorneys perta i ni ng to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). On motion by Councilman r~errick, seconded by Vice Mayor t~cCoy, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. I Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara t1. Henley, J. Henry McCoy, Jr., Donald H. Merrick, ~1eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Counc i 1 Members Voting ;I,1Y: None ",- ,- -'~-" ".." ---.-;"_',,,,;.'-':¥-é"->-""""""-""'~'_'C' -~--""-"'."-"-""~"""""- ...-.."",~,..,..,...-"..~...."..,.,...".. '->- ,,~'" "",r,""- ",~" ..:' ".~'" .,'- " '.' '-he ^'.,,-- -,' I I I '" Council ¡'1ernbers abscnt: Clarence A. Holland PROCUIJ,1A TI ON ITH1 #13746 Councilwoman Oberndorf presented to the Mayor a Proclamation, on behalf of the NAACP, regarding the 25th anniversary of Brown v. Board of Education: F~' ,~~ ;! ! ~' '; j -1 .4, <If? ~'-i i -...; I ." ,.". ,,"'".. f '!¡ ð.. 1"-, " ,,", ¡; r.:' '\t ",' ,~'\ ."'- (' : ¡>"j fý~ rr, T rT"~~ 1¡ (~~:~,r ~, :,/¡,'~,r,lr, Y~~', r H t,r rT<'¡ t ~~,¡/'f, r ¡ d, 'I, 1. ,;! J ; 1 ¡: ( r , " i ; ; !; t' . :; ; ~ i " '! f J, f , ~ I ¡; v~ ¡L.v.r'" (~~-d &:"",J' "",.')" \~~ ~,j ~\,. \)T' "JY',j" ¿,j~ \)# ,¡~ .LJìÞ \Jv , \Vllereas, tIle United Stutes Supreme Court in its historic 1954 decision in Bro\vn v. Board of Education helel that segregation in public education is unconstitutional: and, \Vllereas, it served as tllC catolyst for the sldfling of judicial sanctions fro In tllat of segregation to desegregotion and tlle elin1ination of legal harriers to equal opportunities; and. \VIlereas, 13ro\vl1 formed the basis for enactrnent of tlle Civil Rigl1fs Act of 1964, 1965 and 1968, tllereby providing greater assurance of equal opportunity in ernploymenl, equal access to public acconunoc]ations, Ilousing and desegregated education; and, \Vllereas, tllere continues to be opposition to desegregation at nlany levels of Ide ancl tIle momentum of fIle equality of opportunity in all aspects of public Ide is deceleratecl; and, \VIIereas, clespite fIle removal of tIle more overt legal harriers hlarks are still fore(] WUIl resistance fa meaningful implementation of tIIese civil rigllis laws l)y officials and incliuidunls lull a publicly profess bolief in ,Tle spirit and the letter of tlIe law as pronounced in Bro\vn: a/lel, \V/1()reas, tTlis is tIle 23tTz ol1niuersary of Bro\vn v. Board of Education. \Ve II ere by proclnirn Ì"1ay 17, 197() os (f cloy for all citi=el1S to recfC?dicote tl,e/ì1selp(>s to fl (~ ¡deeds mzd prinriples of cquo!it" one! justice ,)(irticulorly ot (l time w!zcn t¡zis notioll slzould he ottemntillf to trollsfer tflC' llohle pronouncem(>llt o.f Bro\\'n into rea li [ies, \Ve furtl,C'r cull upon 011 cleefed officio's and citi=ens to exert octiu(' individcwl l('(ulers/lip in I1wkinn e(!uoli!:\, (( r('((lUy for all /\/Hericons. "rIds lecu[ersIlip nclion sllOlllcl include Oil o!)j('ctip(' 0lH¡[ysis of [(U) C'xislinf r¡1l((lil~' o( educo/ioll in oll corrIn/unities, ((/lcl specific steps, tillle tu[>les olld flllldillq sources [0 impl('I1¡('I1[ ellel lip() plI[)lic edll('(/[ioll II,Id.')' runs clew'l" [lIe folllldrrfioll or III() BrO\\TI decision, ,~,"""".""'-"'-~""~' ", .'".." " "'.' " I I I ITEt~ # 13747 Councilman Riggs read a letter from Mr. Pete Franklin thanking the Department of Public Utilities for their' prompt action of May 16, 1979, when a \'Iater main burst in front of his home. ~1r. Franklin is on a Dialysis Machine. ITEM #13748 Councilman Ervin requested the encroachment into 31st Street and the conditional use permit, both requested by Greenco Corporation, be taken off the Consent Agenda and placed on the regular agenda as there are several people who wish to speak on the matter. Mr. Grover C. Wright, Jr., Attorney, had re~uested an additional three (3) weeks deferral in this matter. EMERGENCY MEDICAL SERVICES ITEr.~ #13749 COUNCI U,1AN HOLLAND ENTERED ~1EETIrJG AT 1 : 05 p.m. The City Manager indicated that as Council is aware the Rescue Squads of Virginia Beach are 100% volunteer, except for the maintenance and gasoline supplies received from the City of Virginia Beach. The Rescue Council presented a slide presentation to give Council a better understanding of the Rescue Council and the Rescue Squads. The City Manager introduced M~. Bruce Edwards, Emergency Medical Services, who provided the slide presentation for Council. Mr. Edwards introduced Mr. Roy Williamson, President of the Rescue Council . Mr. Williamson indicated he and Mr. Edwards appreciated the opportunity to speak to Council, and thanked the City r.1anager for his support in aiding the Emergency Medical Services and the Rescue Council. COMMUNITY SURVEY ITEM #13750 The City Manager indicated that in October, 1978, Council authorized a Community Survey. The report has been compiled, tables have been tabulated, individuals have been inter~iewed. The report gives good data to City Council \'Iith regards to the Comprehensive Plan Council wi 11 be cons i deri ng in the futu\^c. The City r~anager further indicated that because of the City's rapid turnover in population, and increase in population each year, the consultants found they were explaining to many individuals services that were offered to the public by the City of Virginia Beach. ',""~'_"""'ð-",,--,.,,", .--.", -""""""""""'~',~"-., ." ~""."..,.--,.~,~,_.",-~,_.~~,.~~_.~-,._~~.~.~.- .'.,.-'-"'-' ..' ...., ..~, .",. .0 '0'," ..' .. POLICE OFFICERS ITEt-1 #13751 -------..---- I The City Manager indicated that if Councilman Merrick's request that an immediate 10% increase be given to a11 police officers is approved by Council then ALL pol ice officers \'Ii11 receive the 10~6 increase, in addition to vJhat has al ready been aprroved by Council in the 1979-30 budget. All- new police officers will be required to have an Associates Degree in law enforcement or criminology; and those officers who do not have their degrees will be given five (5) years in which to obtain that degree; however, if the degree is not obtained by that time they will be frozen in grade until they do obtain such a degree. If the motion is adopted the present Educational Incentive Progran will be amended to eliminate the $600 annual benefit given to police officers for an associate degree; however, the City will continue with the benefits for bachelor and masters degrees, that bein~ $200 for a bachelor's degree and $400 for a master's degree. If the pro po s ed ordinance is approved each police officer will receive a two (2) step increase: Titl e Old Range NevI Range 1505 Pol ice Officer 43 45 1506' Police Office-Detective 44 46 1507 t1aster Po 1 ice Offi cer 45 47 1510 Po 1 ice Sergeant 48 50 1 51 5 Police Lieutenant 51 53 I 1520 Pol ice Captain 55 57 1523 Police t'~ajor 58 60 Councilman Merrick requested this matter be placed on the FORMAL MEETING AGENDA under Ordinances. Councilwoman Oberndorf requested that hazardous duty pay be given to POLICE and FIRE in the form of one (1) pay increase on July 1 for sworn police and fire and retain the Educational Incentive Program; and further to study raising the educational requirements for both police and fire. I , ,-~-\-~",;r "",-' "0--" "'-""~,',..".-, """"""""'if"'..'7"""~ :--:"'" ,- -:;'r:'["it't{;;;-.!:¡1i"J"f":"~<:t'i!f.::"""¡¡;;:;j:i!~~Ji.Jr'~':;"-'i/'3,,';;'J'i;'>:"' """~.'..""'-¡ß;;~.."-~~...Ji¡¡",,,,¡.¿"'¡'~""".iJ'A--,,,'i.:.<,~j~""""";;i""""""""'-"~.~"'"""""""""~,~'............",.,;;;,'d'".,'",, ,,-~. "-'u '" ""..,.",'~ . FOf\Ml\L SESSION -- --_..-- I ITEfv1 f!l3752 ~,londay, t~ay 21 2:20 p.m. Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members absent: None INVOCATION was given by the Reverend Grover E. Berry, Salem United r~etho-dìStChurch . PLEDGE OF ALLEGIANCE I MAYOR'S YOUTH COUNCIL ITEt-1 #13752 -------- Mrs. Willa Redding, Administrative Assistant to the Mayor, read the following Certificate of Appreciation and presented same to the following Members: Kim Schneider Cynthia Rentz Chris Black Tim Co n sol v 0 Sally Scarborough r'like LeClair Becky Potter Tricia ~li 1 e Cunni ngham Katie Whelahan - City Manager Lora Everton Milanie Llorin Da wn ~'¡a tso n Kathy Kuhn Desiree Baylor - Youth Mayor Sykes Special Certificates were presented to: Katie Whelahan - Youth Council City Manager Milanie llorin - Dialing for Jobs Program, 1978 Tricia Sykes - Dialing for Jobs Program, 1978-79 I Miss Desiree Baylor, Youth Mayor, spoke before Council regarding the projects, etc., the r1AYOR'S YOUTH COUNCIL has been involved in. The Youth Council is an advisory group to the youth in the City of Virginia Beach and all members have worked hard to accomplish the goals they set. The Council has discussed with r.lr. Robert DeFord, Chairman of the Virginia Beach School Board, the possibility of having a Youth Advisory Committee work with the School Board Members; conducted a transportation survey with the Transportation section of the Department of Planning. The survey vias done on the Sunshine Special and will be used in conjunction \<Jith changes to be made next yedl'. -,. """"",.'.,~C""""""""""X ""....".,~..,O<'C"".""'~- - ,;~""..,.=.~~,~,....... ._u~. "'--"'i".\"::f:\':?~,it1:;l£i';;tf_!1t':"'"'~'t',tLti,mi\i..~~,Mr~:jj¡;¡"!io.',lliJ~....1fuj::.K""""""""'¿""~<~~""';'¡-¡~"""""'..;"',Ji.i""'-"i"""~,"",""""""" ,- ',"",""""",""",,"""'.""""""'=<';."u",'kA""',',,,"'--,~ ",...,~.,,-" I I I ~/..:., IÞ ~ > 1\ /:)# ,/" /" ' ,', I) ~ ,\, \,' '.,\, ',; " i', \, ~ \,1, \\\ 1\ '.,1-"'," \.. .. I V ,.~, : l' ":'.:}.:' ~.:;,..r L r"' I/',J ~ '<> <'.. ~' ",,;, \ \ ': , /,' <, ," /-./ .. <,.. \'1- j~""'-;¡P-,,'f"',,> ,'¿,'!""~Ø,./." ~~\: :\',\;;.' ,::;:;';'!;;;(\I! ¡: ;: ):.. ~:~,:'" ,', V' '_,,¡' i.,rq \" "y' \.)' '-yo \!....;,'" ";;Ÿ' "-4 ,;¡y' F..>~ '>') r/:,. ( " , " r"',\ ~... ,rf )': ':';"AJ rC'r:- ""'-.."~.., (,¡i'-' 1"';0 ',," "'-",J..-: "- I",; -v' "'"1/ In Aþþreciation of the reþresentation on behalf of the Youtb of Virginia Beach, !;:'1/0W ye tbat tbe,City Council of Lbe City of Virginia J3each, Virginia, hereby recognIzes: ~ (¡~ ;;1, ~~ <. ;{>! ',,(J,?,":) !:¡ r',',", 1(,,',<'\,\( ,,<,{'j" r",', ',:,),;I"!',I"",/,~)/"\"",,)/~)/},,,,:) \,1; i~>',-~:; U;j:'});:,::} /,¿'¡¿~~;;\(~',:4T,(. }I(~J (~~ :;:./ / :/ / 'j / Þ ". : - " . ',' )_/ -" J( , / ' 1«:./ '/ /'/ , \V bo, as a membér of tbe Mayor's Y olltb Council, bas duly contributed to greater !alOwledge and understanding between tbe yolltb of Virginia Beacb and our City Government during the year one thousand nine hundred and seventy-eigbt, seventy-nine. In testimony whereof tbe Mayor of tbe City of V z'rgÚzia Beacb bas berczllZto signed his name and tbe Clerk of tbe City of Virginia F3eacb has affixed tbe seal of tbe City of Virginia Beaeb this 21st day of May, Z72 the Year of our Lord 077(> thousand nine hundred and seventy - nine (/nd ill tbe 111'0 hllndred and third year oflbe Commonwealth of \'ir[~i17ÙI. ~r f ' r\ !\ / "I ....-,.... """',:,1 ^ ..., " "I ij ~' ) I .' < I --- (!/elt" \. I, J/1 (:"'l'C((IJS(' - -, --- .._~ -----------..-------- -..':) -------,." - -- -.. ,--- M /Î )/0 R '-'-,'" C' "...,.... -,-.-.,-- ,', :"", .. ":'~::{Ji::."::'";";',~,,t~l'1':1~!tt!,"'~:::I-.;:;;:;':~'~i~'.i;¡tf:"S..r,¿",f"",:' ',~!;,i, :!.;¡~i..:::"",)'iJL;i<!¡§~'~"'dl.':ili>&:<i.j.~..;"2';IS~~",,,j~,,..,,;¿;~':~"~'~"*;'~"'U~'~""'" ".~,~,'""'~, '" ," ~ ""<-~"; ',~.. Miss Baylor introduced the new Youth Council Officers for 1979-80: C h \' is B 1 a c k - City Clerk I Tricia Sykes - City Manager r'1ilanie L10rin - Youth ~1ayor Mayor Standing presented Miss Baylor with a gavel of the City of Virginia Beach. ITEM I I - D. 1 ) ITŒ N13753 MINUTES On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, City Council voted to approve the minutes of the regular meeting of May 14, 1979, as the minutes had previously been distributed to Council for their consideration. Voting: 11-0 Coun~il Members Voting Aye: I John A. Bawn, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Counci 1 r.1embers Voting Nay: None Council t.1embers absent: None (ITEt-1 II - G. 1 ) ITEr~ #13754 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 THE FORM LISTED: --- ------ AN ORDI NAIKE TO AUTHOHI ZE A TEHPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-\U\Y OF SILItU\ DRIVE TO PRINCESS A~NE PLAZA CIVIC LEAGUE I BE IT ORDAINED BY TII[ COUiJCIL or THE CITY or Vlf~GHnA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.,1-893, Code of Vir\]inia, 1950, as amended, the Princess J\nne Plaza Civic League is authorized to erect and maintain a temp6rary encroach- ment into a portion of the City right-of-way on Si1ina ['rive. -,""..w ' -"'.'~,.,' '" -'7""~ -,_..~..' ".. -""','-..-..., ,"n', .,.. , ,,-,PCT' .. ",'.. ' . '" "_.~~""",,,~""""F.k' """"""~Ão"""""""'~"~-""'" ...'.'".'~" .. ,.,'..<"..".~"'" "","""""""""";;"';';"';-'...~ " ..' .,..",;..,..,...""..~_.", .~..w~"""',....".'" """""'~>=. I I I That the temporary encroac!ment herei n authorl zed is for the purpose of erecting a community identification sign and that said sign shall be erected in accordance with the City of Virginia Beach Public Works Department's specifications as to sizè, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Silina Drive, as . designated denotes area of encroachment, as shown on that certain plat entitled, "Plat Showing Right-Of-Way Encroachment Into a Portion of Silina Drive Granted to Princess Anne Plaza Civic League, Lynnhaven Borough, Virginia Beach, Virginia", dated April 18,1979, made by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, a copy of which is attached hereto and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Princess Anne Plaza Civic League and that within ten (10) days after such notice is given, said sign shall be removed from the City right-of-way of Silina Drive by the Princess Anne Plaza Civic League, and that the Princess Anne Plaza Çivic League shall bear all costs and expenses of such removal; and PROVIDED FURTHER, that it is expressly understood and agreed that the Princess Anne Plaza Civic League shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of such signs; and PROVIDED FURTHER, that this ordinance shall not be in effect until such time that the Princess Anne' Pl,1zë\ Civic League executes an agreement with the City of Virginia ßeach encompassing the afore- mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the ....2-1. day of .,...Hc\.)'. . , 1979 --""?""; ---'~-~~"""'",'-'-~,~-~~....,~,- - ,-,'" .",,~~=_.~ ~,',,'~""-Y'-""--""-" .- ....",..", -0, I I I On motion by Vice Mayor McCoy, seconded by Councilman ßaum, City Council voted to APPROVE the above ordinance to authorize a temporary encroachment into a portion of the right-of~way of Silina Drive to Princess Anne Plaza Civic League; subject to the following conditions: 1. The civic league agrees to remove the sign if and when they conflict with future highway improvements. 2. All maintenance of the signs must be undertaken by the civic league. 3. The civic league will have to obtain the necessary highway permits from the Highway Division 4. The City shall be held harmless from all claims or damages pertaining to these encroachments. 5. The signs shall be erected in compliance with the City's Public Works specifications as to size, alignment, and location. 6. The signs must be removed upon ten days written notice from the City, and Princess Anne Plaza Civic League shall bear all expenses for such removal. Voti.ng: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Counc il ~1embers Voting Nay: None Counc il Members absent: None (ITEM II - G. 1 a ) ITEM #13755 AN ORDINANCE AUTHORIZING A TEMPORARY ENCROACmiE~n I NTO A PORTI on OF Tf! E RIGHT-OF-I-JAY OF SOUTH PLAZA TRAIL TO PRINCESS ANNE PLAZA CIVIC LEAGUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1959, as amended, the Princess Anne Plaza Civic League is authorized to erect and maintain a temporary encroachment into a portion of the City right-of-way of South Plaza Trail. Tha t the temporary enuoad1lnent herei n authori zed is for the "'-~"~~-"'-"","-"~~-~'"",,-~,~,,-w"' , """,-.,".' ',- - -" "','-"-'.'. "'- -, ,..", .. .." ,"""...,,""-',.,-,-,..~..- ' I: > "'",,\ l ,./ ; I I"," ", ,/', ",\. ',",,', ' II/'~",' /\\.-.:.. \,-(- ',- ..,/ "'" ¡ ! c""" \ '\' / I ". \ v I ",',L,_,',",'",Ir.!!:-.:'j- J~, I (>,?~j' D ¡ II, \ ( ,', rr J' t I' ,"'" - L ' ,,- ' : .....: ';" '. ' , I', I'of! i\ ..:;....y \ \" J /"'--~'- , SITE" t~..;:~-,- ~_. . - __!i),(~: .'1 :~!"-~~!:~-_?_c:.9~21ti 0 ~- , , ...' ! - ¡ f), ! '¡ i " :',l.¡J, (!i vi¡,':¡!,,/.\i¡.',C:i,\"UI¡;,t,",,', ,J., ,-,,: \~), \~:',,> \~~~,"\,) () ç~\>'<'~":.I,'-"" I / \ ,\.J<~,- :'c' \, ~...,::,,:-.: ,~-)- ~":_--- -.-- l'l\ fI' :_~((.\;-¡ /"7__..~ I ¡, ,IU;L<'¡-i[ Of SUnVi.ì'S or,c! 1.1M-'f-'IIJ(;,CITì' (;{ VI/i"I1,/1< t!!,;,CH,ViI;GíI,'I/\ . " orNaTe S AREA OF fNCHOACllMEtH : ;::30,00 SQ, ft, f. l' HI:; P l. ^ TIS IN TE N [J F 0 F 0 H T II [ L () C in I () 1-1 l)f r iI f. IWAC¡'¡~~ENr AR[)~ om_T' "lAND DO¡:S NOT co:,;~jnTlITf. I OUNDARY 5URvn: ' ----------- -- --, --:-.:"::':::':::':='::"::;:'::-':::'::,:':: -I~~: " :::~ ,:~':)i I .,"_.,---,.,tL~U~~3U',(j,:!:~~~'._._--_".,--.._-.... II RUOJ:. ¡(,~») "II'?- ""\11 . . \, . °1 ~ J 0 ~J \i ~I Çd~? ,,-," 1 NI',., r');'(lJ U/H.h Ut ,I ~I;: (\lle.'J. c/IIW__¡ill¡ ~,jl '.' I ¡~J ..- -_._,_.,___...~L_J':'_u'? :..J<!\,-_._- .----..-,/' $CtJ°- 30 '.OO'E ~" ~ "- Jt 0 \D. l!J ",.".~ .~,"'- L~,". t",..-(J I"," co I I " ~"'~""--~""-"~""-"-'-""--""'-""'-"~"""" ~ 10 .1<) ...-.",..,..-...",-..J I'~ I~ I~ () I ;~ì,,)' t' (¡; "J , ,<- .... ...,~_..,~. 0 ;:- t"', ¡¡-~,Jj ......} ~~:l ;...: ~ 1:~~;1J(( NOT 10 Sc:.'\! E ..---.-- ,,--- ..,.._, --"--'--'---.. ,.- --.----------- "'--'---'- .. ""'. p¡~r(Ct:L [) MB. G 9 p, 4'~ n ".~... fr- , ",) p'" ",-,J ~\o 'l\ ~ ,,\"" c.:.. \. \>-- l) "'~."",.._,.-.._'" -<1 """.""'C "'.:,-,;"'(-;)¡'-;'v.""""";'o"',, .:c,..,.-...... '.d, i,-,,',: -,~" - )L, r ¿ .....:.» '" :'" ,-,,:¡"" ,-~.._,-- ...-- I : I_. 1'2/o-"2'.,(JO"E33 ""..;, (~".:.. l.l!JE' . c" ~I I..,.." - -è,"'\., (b.-:".'-~--~~~:;)IA"~~' _::'" . j -..-----.., -\siJ/~i.-K Ôr 1<4>-. :5 o' .-~, '6He. 3i(C)Q.:\':: !,~A.{ì'U'!..f.L~'r" ,,1._____-. ISL A I ,- // I i:~ ì .~,¡~ ....'lU--.' I (.-'{. """"". ,.......____k' ¡':'r- .._./S~~;: C~~~1) ~~ Hc)."() CD 8J~J'; LOC/J!ON S'ILI to" f'~ ~'.. 1\ ¡~~ I" " ",' . ( , . i I -. " " "'¡"'l'(', ::J\../i':/.VJ t.,.. t'" . ..;' ,\r,.,-, --""-----'---'-~-"""._---"'-""- ..""'" "-ì,6Ρ;'3,;'~"';, ",.... --' ,.._--..,.._-----_..,_..-~...--_.._,~- /i \~ ~,\~) ?::'\\ "I. \, \ \;, . ., I"~ 'I.I h , ; f 'J I 0 , ,-, , ¡ , i I. C , L) ¡ ú' I ¡,. , ' i,', :, : j í i:'.' I ' .'! , : r"'r ~ I "1' ~ f': . ¡' ..,. ,,:). L. t \; .-', r').rr~.." (." 1 , 1('- .. - Þ.., ¡- , .. .. ',r A, , \ ,:', HW , '" :, .'t ,', Î L/ '.-n:{IJ\", ,"~ r '; / j /'. L~\;\" L . , ,. , " ,: ¡ ¡ t 1. ' í' ., ! ".. .. j . . , , " 1\1,:.'11..:1 i: I"~ S"till'1" :'u' .. ! ;, ! I 'I ".' .. ¡ , \ "\ ,',ií.. I ,:~ Vi c,'!, ;" /.....",> .-1') I I ~j " ':1 1.1; :',! .': i ,j ';i,'\¡'I';\ill,',1-',.'!¡!JC; ~'. . ....,--,,~.._. ..-.._. c ~ 0 0.:: ~; .-. LU > « -r" "",.,.. ~ INSERT «1:- æ >- -J ;'" .' X ,t- ~ 0 (I) tJ ~-:: I ! t purpose of erecting a comlllunHy identification sign and that said s19n shall be erected in accordance with the City of Virginia Beach Public Works Department's specification as to size, alignment and location, and further that such temporary encroachment is more particularly described I as fo11o\"Js: ! I An area of encroachment into a portion of the City's right-of-way known as South Plaza Trail as designated denotes area of encroachment, as shol¡vn on that certain plat entitled, "Plat Showing Right-Of-Way Encroachment Into a Portion of South Plaza Trail Granted to Princess Anne Plaza Civic League, Lynnhaven Borough, Virginia Beach, Virginia", dated April 19, 1979, made by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, a copy of which is attached hereto and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein autho~zed shall terminate upon notice by the City of Virginia Beach i to any officer of the Princess Anne Plaza Civic League and that within I i ten (10) days after such not{ce is given, said sign shall be removed from the City right-of-way of South Plaza Trail by the Princess Anne Plaza Civic League, and that the Princess Anne Plaza Civic League shall bear all costs and expenses of such removal; and PROVIDED FURTHER, that it is expressly understood and agreed that the Princess Anne Plaza Civic League shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of such sign; and PROVIDED FURTHER, that this ordinance shall not be in effect until such time that the Princess Anne Plaza Civic League executes an agreement \vith the City of Virginia Beach encompassing the afore-mentioned provisions. I Adopted by the Council of the City of Virginia Beach, Virginia, on the ~,,- day of _l.'@x_, 1979. '" -~".~.." . "'..." ...- ._~_._.". ..~~ .---- . , . '.. ¡: , ': ' I,; '.: . " ",' f ¡ ,.-' ",,' t I' 'l Y', , " I .. -~..., ".. ,..,{ '} 1\ \~ T: ,: \ \. l \ "': C) \~, \~~ ;,"\\;'-'\ f\ \:.'_.:":"'\ \ ':'- f,.k~_....,.,., .__..,..,~.:,;""":::",~',,-,,,,:-. \ (,I' "" , >".,j)",'1 \/;",;'1/\ {';.t.::ii,',¡..",:""" \( \:),=~S!"?,, S~!S~", ,.".' OAr E -- ij~qLL 'I'I,J,:' !/!"JLtiJ uf. SU{,VcìS unci t,L\Yr'IIi\,i,CiT\' OF VlIi'(3Itil/, t.:['~CII.VIí\c,IiJiA "'---.--.----,,- ~,~)':~~!.I:~~'c!~::':!:-5:L;~~~';':=' C']OENOTES AREA OF £NCROACt1MENT :(j8SQFt. cur?\:'£:: r/\!~L E NO ""'US]' Dm~'--' r,;,;;;,m:l;;;;C;: . ~~._.> --"C,,_-'.d""-"""~.~'f' ~ I. CJ'IO,()O' 0:\°_3,',,:;'4" I .1:I.5r";'-,;;', 2~-I2',!,O=-Q-=Õ: --0.7~~~~~-..~ti:~~=r-=7,~j ~ 2=rl:; 1==: 3!/(:~'O(!(J' (),o"'~I'-O"" I :::~r,.3'1 f'? 1':1, u.~:,,'IJJ<:" ¡~2.~L",-,;:':'~:~,{2:.~C~':.i.~',{:~).I:L( '/OrE: niiS PLIIT IS INTENOEO FOR THE LOC/ITION OF THE I ENCIW:J,CIIM[NT ¡'-,REA ,ONLY AND 00E5 NOT CONSTITUTE J A BOliN OA H Y SURVEY. t1 ~ ~- - ..... ~ "'- - a:: , - ""6 -- (J) ~ <1 Z. Õ Ct. '> - ---- 3 ..J - <.! / a.:: \-- !\I,S.F?R.(66'!T/W) ~. i . u-!~ I" to,! ( =j~~ == N,S.R.R. --,-2..83°.45 '-/5" , -- - f: -~- 5830 " \~ -45 -15"£ , VIRGINIA I NORFOLK RT. -43 ,>õ,- f ,~ I t;;E ~-'NE - ~/...s ~-¡:- ',; 3 PROPOSED ~I(¡) r!}~ SIGN LÇ)CA "ION 0/ ;V ~ (I) \.. ,~ -~;) 1'.J '-..", ~ f- w~ a:@ t5~ ---- ------- '4 BE.ACH TOLL ROAD 44 t ! î , ¡ f - fo-.. (]) t..: "- C\J ~ a è:: ( ~ ~ ~ ~l ~ ~; :c J- :::> 0 CI) '" 'J r:-' f? " t" '-:\.~;., ~OPO!è'ED \ -..l 1..""-',.,::';...:..l",GN LOCATlO¡J "; -,' - -""",;., ~9r.GINNltlG ~ /5,00 o;OF CURVE rr¡ a 0.: Z :J :] U (J) h -- Ò ~: u c::t Q) =<:= =:! a IJJ ~ INSERT NOT TO SCALE -----. 13 OY' D ~ (1 i1 [J' n. .n"'"t ' -- ,-,,---~---- -,-------- ._._- I PL  T SHO\...:f~G RIGHT OF W!~y ENCF?OACJ-IME NT INTO A PORTION OF SOUTI~l f:JLA' Z t\ GH/J.r<JTED TO . "rR ,~l L PF'i I ~JG£ S D LYrHIlI/\V/fJ nUF?ut)l,jH 5cult!, tit :: ~)O' /\ ~J 1\1 l:: CIVIC LE¡J\GlJE VII?(;¡r~I/~ /JI:N~II, ,,/¡<Gum\ April /9þ /979 {]I)!?L'./,,(j Or- SU!(vi"Y~~ oIJd M/IPPING f .: "I' f ' I, " ' : \, "" I -"..."""'~-"'" ""y."..- """'-">~'v",' "';'~,-'-",""'rr."-. ," ,,' . ~ I On motion by Vice Mayor McCoy, seconded by Councilman Baum, City Council voted to APPROVE the above ordinance authorizing a temporary encroachment into a portion of the right-of-way of South Plaza Trail to Princess Anne Plaza Civic League; subject to the following con- ditions: 1. The civic league agrees to remove the sign if and when they confl i ct wi th future hi ghway improvements. 2. All maintenance of the signs mu~t be undertaken by the ci vi c 1 eague. 3. The civic league vlill have to obtain the necessary highway permits from the Highway Division. 4. The City shall be held harmless from any claims or damages pertaining to these encroachments. 5. The signs shall be erected in compliance with the City's Public Works specifications as to size, alignment, and location. 6. The signs must be removed upon ten days written notice from the City, and Princess Anne Plaza Civic League s ha 11 bear a 11 expenses for such removal. I Voti ng: 11-0 Council Members Voting Aye: John A. Ballin, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L.,Standing Counei 1 ~1embers Voting Nay: None Counc il Members absent: None (ITEM II-G.3) ITE~1 #13756 I John G. Branum 409 High Point Va. Beach, VA 23451 $ 37.50 r~enta 1 Health Harold Guinn c/o YMCA 312 W. ßute St. Norfolk, VA 23510 6.00 Mental Health t~endy r~. Nicely 121 N. Great Neck Rd Virginia Beach, VA 23454 5.00 Mental Health ,""", '--"'--~-'M_- ,--- -"~-,.... .,--'- , ,- .--, -, , Check date:9/5/78 Federal Programs, unable to prosecll ~1enta 1 Hea 1 th advises Check date:8/24/ï Left State, no address Check date:8/1/7[ M.H. De:Jt. advi~;c c Iw r 9 c 0 ff a c, a Gi ft Fund I I I I I" Thomas L. Edson 1039 Ros(:n!ont Avenue Chesapeake, VA 23324 Arthur' L. Bell NAS Oceana. Virginia ~each, VA 23460 Kathaleen M. Scott 6500 Cunningham Road Virginia Beach, VA 23462 L. O. Conner, Jr. 2500 Holland Road Virginia Beach, VA 23456 Cheryl L. Migliares 326 McGinnis Circle Norfolk, VA 23502 Carol I. Bentl ey 3088 Bow Creek Blvd. Virginia Beach, VA 23452 i Sandra M. Bringhurst 1640 Wakefield Drive Virginia Beach, VA 23455 Clyde O. Burden 5008 lauderdale Avenue Virginia Beach, VA 23455 Fred Fi negan 2965 Talcon Court Virginia Beach, VA 23456 Richard A. Steele, Jr. 7820 San Antonio Blvd. Norfolk, VA 23505 Frederick Waddington 84 Rodin Lane Virginia Beach, VA 23455 Sandra H. Luckett 870 Old Va. Beach Blvd Virginia Beach, VA 23451 Donald R. Casteel 1113 Craftsman Drive #102 Virginia Beach, VA 23462 Gary S. Cur'tis 863 Queensway Virginia Beach, VA 23451 Charles A. Lewis 924 Maximus Square ~103 Virginia Beach, VA 23451 Bethea F. Segars, Jr. West Bay Avenue, Apt. F1O7 Norfolk, VA 23503 Glyndan E. Radc1iffe-Rrine NO ADDRESS rOUND --...-..' '. ...- . ",... . 31 .50 7.50 15.00 10.00 46.00 18.50 15. 00 3.00 15.00 15. 00 7.50 15.00 6.00 16.50 32.64 19.36 5.00 Finance-Insurance School Board School Board Animal Control Animal Control City Decal Ci ty Decal City Decal City Decal City Decal City Decal City Decal Parks & Recreation Parks & Recreation Parks & Recreation Parks & Recreation Parking Ticket Check date:6/16j7; . t.1oved, unable to locate Check date:7/10/7i r~oved, unable to locate Check date:10/16/~ Unable to locate Check date:l/13/7~ Moved, unable to locate Check date:8/28/7~ Unable to locate Check date:l/17/7( Military, and mov( out of state Check date:5/l1/1< t'1oved, unable to locate Check date:5/17/7E Una b 1 e to 1 oca te Check date:4/24/1< Unab 1 e to 1 oca te Check date:2/1/79 Never lived in Va, Beach, bought in error Check date:8/2l/7f Unable to locate Check date:l/30/7( Warrent issued, unabl e to locate Check date:8/l0/7 Unable to locate Check date:8/20/7' Unable to locate Check date:4j30j7. r~oved, unable to locate Check date:1O/29/ Unable to locate Check date:9/lq/7 Unable to loca~(;~ \1illiam R. Price 211 70th Street Virginia Beach, VA 5.00 Park"ing Ticket 23451 I George L. Rehm 5749 University Place #202 Virginia Beach, VA 23462 Parking Ticket 3.00 Angela O. Slocumb 807 Maryland Avenue Virginia Beach, VA 23451 5.00 Parking Ticket Cheryl A. Whitman 4600 River Road Petersburg, VA 23803 3.00 Parking Ticket --- TOTAL $343.00 . ---, " '~ Check date:5/l3/7 r.1oved, unable to 1 oca te Check date:7/24í7 Unable to locate Check date:4/14/7 Unable to locate Check date:7/15/7 Unable to locate On motion by Vice Mayor McCoy, seconded by Councilman Baum, City Council voted to APPROVE the request of John T. Atkinson, City Treasurer, and charge off the above uncollectable checks. Voting: ! 11-0 I Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council ~1embers Voting Nay: None Council ~1embers absent: None (ITEM II-G.4) ITE~1 !Jl3757 On ¡¡¡Òtian by Vice ~1ayot' ~1cCoy, seconded by Councilman Baurn, City Council voted to r~ppr(QVE tile }'(~c¡uest of Cox High School Booster Club for a Raffle Permi L I Voting: 11- 0 Counc i 1 ~1elllbers Vat i ng Aye: ,John A. Baul!1, F. Reid Ervin, George R. Ferrell, Barbara r1. Henley, Clûrence A. Holland, J. Henry r~cCoy, Jr., Donald \,1. r~errick, r~eyera E. Oberndorf" J. Curtis PaYlìc, Roger L. RiCJ<)s, Patrick L. Standing Coulle i 1 Members Voti ng t:dY: nolle Council Members absent: None I (ITH1 I 1- G. 2) ITEM #13758 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF 31ST STREET TO GREENCO CORPORI\TIm¡ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Greenco Corparation is authorized to ereet and maintain temporary encroachments into the City right-of-way of 31st Street." That the temporary encroachments herein authorized are for the I purpose of providing amusement facilities and landscaping on 31st Street; and that such facilities and landscaping shall be erected and maintained in accordance with the City of Virginia Beach Planning Department's specifications and approval as to size. alignment and location. PROVIDED, HOWEVER, that the temporary encroachments herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Greenco Corporation, and that within sixty (60) days after such notice is given, such encroachments shall be removed from the City right-of-way of 31st Street by Greeneo Corporation, their agents or employees; and that GreeneD Corpo!'útion shall bear all costs and expenses of such removal. /\NO, PROVIDED FUrHHŒ, that it is expressly understood and agreed that Greeneo Corpot^ation shall indemnify and hold harmless the City 'of Virginia I Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonJble attorney's fees in case it shall be necessM'y to f i1 e 0 r d e fen d a n a c t"i 0 n a r i sin ~ 0 u t 0 f the 1 0 cat ion 0 rex i s ten ceo f s 'j c h temporary encroachments. !\NO, PROVIDED FUlnflER, that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of dnv encroachment other thiln those specificòd hel'cin and to -,,",._.,..,",-.. """"'..,...-,-' ",..., """"~""""""'~r'" the limited extent specified hC:'t'cèin, nor to pct'lTl"it the Illdinte'nance or construction of any encroachments by anyone other than Greeneo C~rporation. AND, PROVIDED FURTHER, that the City of Virginia Beach, upon I revocation of such authority and permission so granted, may remove any I such encroachment and charge the cost thereof to Greenco Corporation, and collect the cost in any manner provided by law for the collection of local and state taxes; may require Greenco Corporation to remove such temporary encroachmen ts; and pendi ng such remova 1, the Ci ty may charge Greenco Corporation compensation for the use of such portion of the street encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by Greenco Corporation; and, if such removal shall not be made within the time ordered hereinabove by this ordinance, the City shall impose a penalty in the sum of One Hundred Doll~rs ($100.00) per day for each and every day that such encroachments are allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of state I or 1 oca 1 taxes. DENIED: r~ay 21, 1979 Adopted by the Council of the City of Virginia Beach, Virginia on the ----- day of , 1979 I I I I THIS ITEt,1 (1375C) AND" ITO1 H137:j9 \J[RE VOTED ON AS ONE ITEt.1." Mr. Joel Cooper, owner, appeared before Couhcil requesting a three (3) week defenal. The following appeared in opposition: tk. Sam Hous ton Admiral James Hildreth, Birdneck Point Mrs. Lewis Johnson, Birdneck Point Mr. EdvJard Dashiell, North Virginia Beach Civic League Mr. Ray Schumann, Council of Civic Organizations On motion by Councilman Ervin, seconded by Councilman Riggs, City Council voted to DENY the above ordinance to authorize a temporary encroachment into a portion of the right-of-way of 31st Street to Greenco Corporation. Voting: 1 0- 1 Council Members Voting Aye: (for denial) John A. BaUln, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, J. Henry McCoy, Jr., Donald W. M~rrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing ." Council Members Voting Nay: Clarence A. Holland Council Members absent: None (ITEM II-G.2a) ITEM # 13759 Mr. Joel Cooper, owner, appeared before City Council re~uesting a three (3) week deferral The following appeared in opposition: Mr. Sa~ Houston Admiral James Hildreth, ßirdneck Point Mrs. Lewis Johnson, ßirdneck Point t~r. Edward Das hi ell, r1ort!l Vi rgi n i a Beach Ci vi c League Mr. Ray Schumann, Council of Civic Organizations On motion by Councilman Ervin, seconded by Councilman Riggs, City Council voted to DENY the following application of Greenco Corporation for a Conditional USe-' Permit for a recreational facility of an outdoor nature---Carñu-sernerït-p-ä;:'ff. ---- An Ordinance upon Application of Greenco Corporation for a Conditional Use Perll1it for a recreational facil ity of an outdoor nature-fãmusement park)-oñ-certa i n property 1 oca ted on the Eas t side of Atl anti c Avenue beginning at the Southern boundary of 31st Stree" running a distance of 60 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the Northern property line. running a distance of 60 feet along the Eastern property line and runnin] a distance of 150 feet along the Southern property line. Said parcel contains .2 acre. Virginia Beach ßorough. ".'.--....-,.,,",-,,"...,.,-- '--""-'-"""""""'~~"""""""""'--"": ...."'~~,~,,-~~ -".----.,-.., -'- '-, """'-"""":~"~",:,;---"7:'~..." "'. -"-, -.' - -,-, --.' """'.-'-n" -.- ". ""--~~-'~'-~~"'.._---,.--- -----~~------------- ---- I I I This request was denied as it was felt it would be inappropriate to locate the proposed use within a City right-of-way. Voting: ! 10-1 Council Members Voting Aye: (for denia 1 ) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyet'a E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: Clarence A. Holland Counci.l ~1embers absent: None POLICE OFFICERS ITEM #13760 ORDINANCE The following people appeared in favor of the following Ordinance PROPOSED by Councilman Merrick to appropriate funds for the Police Officer Two-Step Salary Increase: Mr. Carl Lee, Police Officer-City of Norfolk, 421 Granite Trail, Virginia Beach Mr. Andre Evans, Commonwealth1s Attorney Mr. Douglas W. Aydlette, FOP #8 AN ORDINANCE TO APPROPRIATE FUNDS FOR THE POLICE OFFICER TWO-STEP SALARY INCREASE WHERE,l\S, City Council has been interested in maintaining employee salaries at levels to offset inflation and to compete with other employees and, \.JHEREAS, Police Officer salaries are deemed to be inadequate for the function performed and, WHEREAS, it has been determined that a two-step increase effective July 1,1979 for all police officer po_sitions eliminate the inadefjuacy and, WHEREAS, the cost oJ the increase is estimated to be $466,000, NOI-J, THEREFOf;E, l3[ IT ORDAIrJED CY THE COUNCIL OF HIE CITY OF VIRGINIA ß[f\C!I, VIr~GIrHA I I I TIIAT appropriations in the amount of $"1-66,000 be transferred from the General Fund Balance to the Police Department for the purpose of instituting a two-step increase for Police Officers effective July 1, 1979. Adopted by the Council of the City of Vi~ginia Beach, Virginia, on thi s ------------ day of ---' 1979. First Reading: ----,----------------- Second Readi ng :_--------------------- Councilman Merrick made a motion, seconded by Councilman Ervin, to APPROVE the above ordinance to appropriate funds for the Police Officer Two-Step Salary Increase. Voting: 5-6 Council Members Voting Aye: (for the ordinance) F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, and Roger L. Riggs Council Members Voting Nay: John A. ßaum, George R. Ferrell, Clarence A. Holland, J. Henry ~1cCoy, Jr., J. Curtis Payne, and Patrick L. S ta nd i ng Council Members absent: None CITY COUNCIL VOTED TO DENY THE AfìOV[ IiOTIOij TO APPROVE THE ORDHjANCE TO APPI\OPPIATE FUNDS FOR TilE POLICE OfFICER THO-STEP SALARY INCREASE. '--'--'----"','---"--"---"--"'---'W--~ -'--.C" . 0-- ---.. I I I ITEt-1 #13760(a) Councilman Riggs made a motion, seconded by Vice ~1ayol' r-1cCoy, that effective July 1, 1979, the City give a ONE PAY GRADE INCREASE to Police Officers and Fil'c Fighters, \oJlTHOUT making any changes in the educatipna1 requirements. I . Councilman Ervin offered an AMENDMENT to the MAIN MOTION, whereby, the City Manager, Police Chief and Fire Chief are to come back to Council with a report, on date of implementation, (July 1, 1979), as to their recomnlendations on instituting additional educational requirements. Councilman Riggs agreed to INCORPORATE Councilman Ervin's AMENDMENT into his motion; therefore, the MOTION READS AS FOLLOWS: On motion by Councilman Riggs, seconded by Vice Mayor McCoy, City Council vpted to instruct the City Attorney to prepare an Ordinance to appropriate funds AND to AMEND the 1979-80 Budget to allow a ONE PAY GRADE INCREASE to Police Officers and Fire Fighters effective July 1, 1979; with recommendations as to educational requirements from the Chief of Police and Fire Chief on the date of implementation of said pay increase to their respective personnel, (JulY. 1,1979). I This Ordinance shall be pl'esented for FIRST READING at the regular meeting of City Council, June 4, 1979. Voting: 6-5 Council Members Voting Aye: (for above" motion) F. Reid Ervin, Barbal'a M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Roger L. Riggs Council Members Voting Nay: John A. Bawn, George R. Fet'rell, Clarence A. Holland, J. Curtis Payne, and Patrick L. Standing Council Members absent: None I I I ( IT Et~ II - H. 1 ) nO1 !1l37G1 PLANNING ITEr~S ----------- Mr. Edward Holloran, Attorney, represented the applicants Mr. A. C. Lee, resident on Lakeside Drive, appeared in opposition On motion by Councilman 1~crrick, seconded by Mayor Standing, City Council voted to u'phold the recommendations of the Planning Commission and the City Mana~er and D[NY the following Ordinance upon Application of Rose E. ß i sse tt fa r a _Ç~..a.o9 ~g.i___?Qn i ~-g a i S_~!~i~t_C_lg- s s_Uj~-~!jo 11. from R- 4 Re sid en t i a 1 District to 0-1 Office DistrictTf\PPLICATION JNOICATED B-2 Community-Business District): An Ordinance upon Application of I<oso E. Bissptt for a I-~éì~of ZoninJl District Classification from R-4 Residential District to 0-1 Office DTs-tr rct-{7ff5PrI-CA I:TOff TN DI CA TED [3- 2 Col1lmun i ty- L3us i ness Di s tri c t) on certain property located at the Northwest corner of Great Neck Road and North Lakeside Drive, running a distance of 134.33 feet along the West side of Great Neck Road, running around a curve a distance of 42.82 feet, running a distance of 95.64 feet along the North side of North lakeside Drive, running a distance of 149.27 feet along the Western property line and running a distance of 85.20 feet along the Northern property line. Said parcel contains .36 acre. Lynnhaven Borough Voting: 10- 1 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, Barbara t,1. Hen"'ey, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roc¡er L. RiglJs, and Patrick L. Standing Council Members Voting Nay: George R. Ferrell Council Members absent: None This application was denied as it was felt the proposed zoning would encourage a strip commercial developlnent pattern along Great Neck Road. It vias also feìt tbi', r¡"qucstis inappropriate for this site given the surrounding resid Iltia] land use pattern. (ITEr~ I I - H . 2 ) ITE~1 #13762 COUNCILMAN BAUM LEFT COUNCIL CHAt~ßERS I As Mr. t~onÇlhan had left the meeting, the Planning Director indicated ~1r. Monahan wi~hed the application WITHDRAWN. On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted to uphold the recommenda ti ons of the Pl a nni ng Col~lmi ss ion and the City Manager and permit WITHDRAWAL of the following Ordinance upon Application of Parker Industries for a C.b_~n_~9f Zoning District Classification from R-1 Residential District to R-2 Residential District: An Ordinance upon Application of Parker Industries for a Change of Zoning District Classification from R-l Residential District to R-2 Residential -olstrict on property lo-cated on Harris Road, North of Litchfield Road: Parcel. 1: Located on the East side of Harris Road beginning at a point 380 feet more or less North of Litchfield Road, running a distance of 680 feet more or less along the East side of Harris Road, running a distance of 280 feet along the South side of Eagle Nest Point, running a distance of 790 feet along the Eastern property line and running a distance of 280 feet along the Southern property line. Parcel 2: Located on the West side of Harris Road beginning at a point 470 feet more Dr less North of Litchfield Road, running a distance of 570 feet more or less along the West side of Harris Road, running a distance of 400 feet along the South side of Eagle Nest Point, running around a curve a distance of 128 feet and running a distance of 602.99 feet in a Southeasterly dir- ection. I Parcel 3: Located on the North side of Eagle Nest Point beginning at a point 360 feet more or less West of Watersedge Road, running a distance of 430 feet more or less along the North side of Eagle Nest Point, running a distance of 835 feet more or less along the Western property line, running a distance of 435 feet along the Northern property 1 ine and running 'a distance of 743 along the Eastern property line. Said parcel contains 15.7 acres. Lynnhaven Borough Voti ng: 10-0 Council Members Voting Aye: (for vii thdral'Ja 1 ) I F. Reid Ervin, George R. Ferrell, Barbara ~~. Henley, Clarence A. Holland, J. Henry ~cCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. f(iC}gs, and PiJtrick L. Stunding Council Members Voting Nay: None Council ~1embers absent: John A. Sawn "~ ~""..._.." . I I I (ITn1II-II.3) ITEt-1 ill 3763 COUNCI UlAN [3AUt,~ RETURNED To. CH,'\~~R ERS t1r. Donald :1. Clark, Attorney, represented the applicant LTCR Jackson, NAS Oceana, appeared in favor Mr. R. L. Jackson, 804 Giles Court, Virginia Beach, appeared in opposition On motion by Councilman Payne, seconded by Councilman Ferrell, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following Ordinance upon Application of DeMille Enterprises for a Ih~_!1£L~__9.!,--Lo_Qj~9..~t~_tI.ict .I~~__~ification from A-2 Apartment District to B-2 Community-Business District: ORnINANCE UPON APPLICATION OF DEMILLE ENTERPRISES Z0579429 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-2 Apartment District TO B-2 Community-Business District ,BE IT ORDAINED BY HIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ! THAT: ; " An Ordinance upon Appl ication of DeMille Enterprises for a Change of Zoni_~ District Classification from A-2 Apartment District to B-2 Community-Business Õlstrl<=t-o~certainproperty located on the East side of Lynnhaven Parkway beginning at a point 903.45 feet North of Magic Hollow Boulevard, running a distance of 1205.08 feet along the East side of Lynnhaven Parkway, running a distance of 1370.45 feet along the Northern property line, running a distance of 453.67 feet in a Southwesterly direction, running a distance of 708.23 feet in a Northwesterly direction, running a distance of 298.33 feet in a South- westerly direction and running a distance of 781.21 feet in a Westerly direction. Said parcel contains 17.121 acres. Princess Anne Borough. Approval of this request is subject to the following conditions in con- junction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. necessary. A new pump station may be 3. Turn lane requirements, entrance requirements, and traffic signalization requirements are to be de- termined. 4. A suitable berm type buffer is to be constructed along the adjacent residential area, and approved by the Planning Oepartment. And ful'thet' subject to the follcJ\ving condition ¡wior to the change on the official zoning map: 1. Dedication of ri]ht-of-I'Jay along Lynnhaven Parklvay in keeping vlith findings' of study being prepared by City Staff. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the_JL-- day of -- J1.'11.0_. , 1979 . -. -,,-...-. I I I Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Geo~^ge R. Ferrell, .ßarbara M. Henley, Clarence A. Holland, J. Henry ~cCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Counci 1 Members Voting Nay: None Counc il Members absent: None (ITO1 II-H.4) i Mr. Robert W. Ham, appeared in favor. I I ¡ ITE~1 #13764 representing Lowe's Companies, Inc., of North Carolina, On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following Ordinance upon Application of Robert W. Ham, Lowe's Companies, Inc., for a Conditional Use Permit for outdoor storage for accessory use to sales: ORDINANCE UPON APPLICATION OF ROBERT W. HA~, LOWE'S COMPANIES, INC., FOR A CONDITIONAL USE PERMIT FOR outdoor storage for accessory use to sales RO~79248 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA SEACH, VIRGINIA, THAT: An Ordinance upon Application of Robert W. Ham, Lowe's Companies, Inc., for a Conditional Use Permit for outdoor storage for accessory use to sales on certain pro-perty-YocëÏ-ted- on the North side of Conney Road (Relocated) beg- inning at a point 900,feet more or less Southeast of Independence Boulevard, running a distance of 235 feet along the North side of Bonney Road (Relocated), running a distance of 975.31 feet along the Eastern property line, running a distance of 163.14 feet alonrJ the Northern property line and running a distance of 866.97 feet along the Western property line. Said parcel contains 4.19 acres. Kempsville Borough. Approval of this rc~qLJest is subject to the follo\'JÌng conditions in con- junction with the intended use of the land: 1. Standard improvements as required by the SitŒ Plan Ordinance. 2. Approved for alternate s~wage disposal. requit^ed. Ci ty vlater is 3: Any retention measures for fill must be above wetlands. No filling of vletlands vlÌll be allo\'ledwithollt the proper penllits. .' -.,--.~,_.- 4. 5. No sale or processing of scrap, sa1vage or second-hand ma teri a.l wi 11 be permi tted. A fence or wall not less than 6 feet in height shall completely enclose the storage yard except for necessary openings for ingress and egress. I This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Vir9inia, on the 21 day of --1~-----, 1979 Voting: 11-0 Council Members Voting Aye: John A. ßaum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald t~. Merrick, Meyera.E. Oberndor:, J. Curtis Payne, Roger L. Riggs, Patrlck L. Standlng Council Members Voting Nay: None I Council Members absent: None (ITEM II-H.5) ITEM #13765 ~k. Tracy Leon Moon appeared in favor. On motion bi Councilman Riggs, seconded by Councilman Holland, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following Ordinance upon Application of Tracy Leon r,1oon for a Conditional Use Permit for a bicycle rental: .--- ORDINANCE UPON APPLICATION OF TRACY LEON MOON FOR A CONDITIONAL USE PERMIT FOR A bicycle rental RO579249 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, c THAT: I An Ordinance upon Application of Tracy Leon Moon for a Conditional Use Permit for a bicycle rental on certain property known as the r'100n's-r:ïOi:ef--Tûëate-a-on the East side of Atlantic Avenue beginning at a point 100 feet North of 21st Street, running a distance of 50 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the rlorthern property line, running a dis-, tance of 50 feet along the Eastern property line and running a distance of 150 feet along the Southern property line. Said parcel contains 7500 square feet. Virginia Beach Borough. Approval of this request is subject to the following conditions in con- junction with the intended use of the land: --------- . - - -- I 1.... ~ 1. Compliance with Article 2~ Section 225 of the Comprehensive Zoning Ordinance pertaining to Bicycle Rental Establishments. 2. The existence of 21 or more dwelling or lodging units with the hotel/motel facility. This ordinance 'shall be effective upon date of ådoption. Adopted by the Council of the City of Virginia Beach~ Virginia~ on the 21 ~ 1 979 day of ~~ay Voting: 11-0 ." Counc il ~1el11bers Voting Aye: John A. ßaum, F. Reid Ervin, George R. Ferrell ~ Barbara M. Henley, Clarence A. Holland, J. Henry t~cCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing I Council t,1embers Voting Nay: None Council Members absent: None I (ITEM II-H.6) ITEM #13766 H. Calvin Spain, Attorney, represented the applicant Mrs. Lula Cofield, Newsome Farms Civic League, appeared in opposition Coun~ilman Holland made a motion, seconded by Vice Mayor McCoy, to approve the re~uest of C. W. and V. W. Hutchinson, Jr., for a Conditional Use Permit for a bulk storage yard and building contractor's yard. I Councilman Ervin offered a SUBSTITUTE ~OTION, seconded by Councilwoman Oberndorf, to DENY the following Ordinance upon Application of C. W. and V. W. Hutchinson, Jr., for a Conditional Use Permit for a bulk storage yard and buildinj contractor's yard; further, grant the applicant ninety (90) days in which to close down operations and re~ove all materials from the yard. (IT WAS NOTED THAT THE CITY MANAGER USUALLY GRANTS 60 DAYS IN WHICH TO CLOSE DOWN; HOWEVER, HE INDICATED HE WOULD INSTRUCT THE ZONING ENFORCEMENT OFFICER TO GIVE THE APPLICANT NINETY (90) DAYS). An Ordinance upon Application of C. W. and V. W. Hutchinson, Jr., for a Conditional Use Permit for a bulk storage yard and building contractor's yard on certain property located on the South side of Connie Lane beginning at a point 450 feet more or less East of Lawrence Drive, running a distance of 554.55 feet along the South side of Connie Lane, running a distance of 44 feet along the Eastern property line, running a distance of 586.03 feet along the Southern property line and running a distance of 208.88 feet along the \~estern property line. Said parcel contains 1.615 acres. Bayside Borough Voting: 8-3 I Council t~el11bers V 0 tin g, ,~y e: (fot denial) John A. Baum, F, Reid Eivin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Pòtrick L. Standing Council Members Voting Nòy: George R. Ferrell, Clarence A. Holland, and Vi ce ~1ayor J. jen~y ~1cCoy, Jr. '.-,.."""""~""--",~.,.",..~,<,..",.=~,,_...=,' 7""""'~-,. ",... ,'p."""",""""..".,'~, ... .. ,.. '..,....~..~"'-W~"'.u__.." """""" 11V--~-"' . ~'","":r..,¡f~.......w.""","'~'~""""'j,',~ko.~""""",,:,,",,-~ ~"'Ji><~",.""..".,",._.~.",.=,;,...,~.u,."..;,;.."..""...._",,;..,",~...~t'IIMI"""""".. ~ I Council Members absent: None I The reque~t was DENIED as it was felt the proposed use is incompatible with the surrounding residential land use pattern. (ITm II-H.7) ITE~1 #13767 Mr. Reid H. Ervin, Attorney, represented the applicant and requested the application be WITHDRAWN. On motion by Councilman Holland, seconded by Councilman Ferrell, City Council voted to permit WITHDRAWAL of the following application of John D. Holland, Jr., and Rita H. Joyner for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District: I , An Ordinance upon Application of John D. Holland, Jr., and Rita H. Joyner for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on certain property located on the East side of Witchduck Road beginning at a point 397.68 feet South of Erskine Street, running a distance of 82.2 feet along the East side of Witchduck Road, running a distance of 150 feet along the Southern property line, running a distance of 80.72 feet along the Eastern property line and running a distance of 155 feet along the Northern property line. Said parcel contains .285 acre. Bayside Borough Voting: 10-0 Council Members Voting Aye: (for withdrawal) John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None I Council t,1embers Abstaining: F. Re'id Ervin Council Members absent: None - ,. ~"-~-,..,....,,_.,.. "'~'_"'-",".' .. "",,',,--,'.... "",".'..0"'- I I I (ITEt1 II-H.B) ITEM #13768 COUNCILMAN ERVIN LEFT COUNCIL CHAMBERS Mr. Lucian Cox, Attorney, represented the applicant Mr. Cox indicated that Mr. Goula, who appeared in opposition to this matter on May 7, 1979, was now for the rezoning of the property. Mr. Cox further indicated they spoke on this matter for approximately 45 minutes. On motion by Councilman Holland, seconded by Councilman Baum, City Council voted to APPROVE the following Ordinance upon Application of Eric C. and Patricia F. Smith for a f!.lA~e of Zoning District Classification from R-5 Residential District to 0-1 Office District: ORDINANCE UPON APPLICATION OF ERIC C. AND PATRICIA Z0579430 F. SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 Residential District TO 0-1 Office District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: " An Ordinance upon Application of Eric C. and Patricia F. Smith for a Chan9~ of Zoning Distrjct Classification from R-5 Residential District to 0-1 Office District on certain property located on the South side of Larry Avenue beginning at a point 100 feet more or less East of Newtown Road, running a distance of 90.07 feet along the South side of Larry Avenue, running a distance of 135.36 feet along the Eastern property line, running a distance of 101.16 feet along the Southern property line and running a distance of 133.24 feet along the Western property line. Said parcel contains .24 acre. Bayside ßorou~h Approval of this request is subject to the following conditions in con- junction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. Buffer in a variable width of 28-feet and larger, plus, the trees which are presently located on the property' will remain and additional plants will be added. 3. City water and sewer. 4. There is a possibility that the future extension of Cleveland Street may affect this site. However, since the proposed alignmcnt is currently only pre1iminary in nature, right of way dedic~tion is not required at this time. This Ordinance shall be effective 'upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of --~~~-' 1979 Voting: 10-0 >""""~'-=-""'-""""""'~'-'~""'~~~ ._.._-~,.~~'. ~"'~'~F--""~- ~..~...Y"-~=""~~" .,~>---.'" ,', Council t'1embers Voting Aye: I John A. ßaum, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger ~. Riggs. and Patrick L. Standing Council Members Voting Nay: None Council Members absent: F. Reid Ervin (.I TE~1 I 1- 1. 1 . a ) ITEM #13769 ORDINANCES I AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECn ON 111, OF THE Cm-1PREHOJS I VE ZONI NG ORDINANCE PERTAINING TO DEFINITIONS I I I ¿E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: I That Article 1, Section 106, Definitions of the C.Z.O. is amended and reordained as follows: Dwelling, Single Family. A building containing one (1) dwelling unit, entirely surrounded by a yard. Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of temporary or portable housing are not included within this definition. Dwelling, Duplex. A building containing two (2) dwelling units, entirely surrounded by a yard, where each dwelling unit is not on a separate lot. Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of temporary or portable housing are not included within this definition. Dwelling, Attached/Townhouses. A building containing two (2) or more dwelling units attached to the side or sides in a series of not more than nine (9), separated by a boundary wall and each unit having a separate lot with at least minimum dimen- sions required by district regulations for such sections. I Dwelling, Multiple Family. A building containing three (3) or more dwelling units, entirely surrounded by a yard, where each dwelling unit is not on a separate lot. Dwelling, Semi-Detached. A building containing two (2) dwelling units attached at the sides, separated by a bound~ry wall and each having a separate lot. Adopted by the Council of the City of Virginia Beach, Virginia, on the ------- day of -------,' 1979 COUNCIU1AN ERVIN RETURNED TO CHAt.1ßERS COlJNCILMM~ HOLLAtJD LEFT COUNCIL CHAr~ßERS ""---..",,,.,.....-,. d, ',;'".., '.." .....,~~- - .-., .. ,.,-_.' -. .- On motion by CouncihlOi11an Oberndorf, seconded by Councilman ßaum, City Council voted to uphold the request of the City t~anager and DEFER FOR HJO (2) ~JEEKS the above ordinance to amend and rcordain Article 1" Section 111, of the Comprehensive Zoning Ordinance pertaining to Definitions. I Voting: I 1:0-0 Council Members Voting Aye: John A. ßaum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E~ Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing CounciJ Members Voting Nay: None Counci Members absent: Clarence A. Holland .' I I ~ . - .. "",""'-,*":..,r"!è""~,~iI1Ili'12'~'I<;',~"",~-!!!,~-";~~~"",,,,,,,~£,~c -"'-"'---Z_:~i>..~~_:::'::o!Z...-;;""'~"'-""-"~" ,. '-'-"""'..,~,.*r..",';;¡"¡¡;;......",....""..~..",...-,..;.."."""'~ I I I ( I TEM I I - I . 1 . b) ITEM #13770 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTIONS 200, 202 and 203 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAIN1NG TO GENERAL REQUIREMENTS AND PROCEDURES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 200, Zoning lots, of the C.Z.O. is amended and reordained as follows: (e) Erection of Structures on Lot. Except as herein provided, there sh~'þ_~_no more !:ban on~~l e famil y detached dwell i ng, semi- detached dwelling or duplex erected on a lot. That Article 2; Section 202, Height Regulations, of the C.Z.O. is amended an~ reordained as follows: (a) Whenever height limits for buildings and other structures are established, no portion of any building or other structure shall extend above such height limits, except residential chemneys, feef-e~efRaA§5-er-eaYe5-WA~€A-8e-Aet-e*teA8-mere-tAaA-fefty-e~gAt {4gj-~R6Re5, line-of-sight relaying devices, broadcasting towers, radio or television antennas, spires, flagpoles, water tanks or monuments otherwise approved for erection; provided, however, that smokestacks may also extend beyond such limits, if they do not ex- ceed in height the distance to the nearest lot line; and further provided that one (1) antenna for purroses of an amateur radio sta- tion operation may extend beyond said height limits but shall not exceed ninety (90) feet in height above ground elevation. That Article 2, Section 203, Off-Street Parking Requirements, of the C.Z.O. .'1 is amended and reordained as follows: (a) General standards. Any off-street parking space shall have minimum dimensions of nine (9) by twenty (20) feet; provided that minimum dimensions for parallel parking spaces shall be nine (9) by twenty-two (22) feet. Eaèh space shall be un- obstructed, shall have access to a street and shall be so arranged that any automobile may be moved without moving an- other, except in the case of parking for one and two family dwellings and in the case of parking for employees on the premises. All spaces shall be provided and maintained with an all weather surface except in the case of parking for one and two family detached dwellings. Where parking areas are illu[;linated, all sources of illumination shall be so shielded as to prevent any direct reflection toward adjacent premises in residential, apartment, or hotel districts. r'n addition: {2j W~epe-e~gAt-{8j-er-ffi6Fe-5ßaee5-aFe-ßFeY~de~-eA-a-~9A4R§ ~BtJ-a-5~~tab~e-tHrH-aFBHR~-aFea-s~a~~-~e-FF8y4~e~-~R 8f8eF-t~at-a~¡-Ye~~E~e5-5Aa~~-eAteF-t~e-5tpeet-~A-a- fe¡cwa~8-¡.¡:¡aARef'. --,', .",."",~--" . '..~ .,....". r "-'~"". ... r" ,""""""""""""""-"" "" '~"'.-. (2 ) OJ Minimum aisle \'JÎdths required for parking areas shall be according to the following table: 0-44 45- 59 60-69 70-79 80-89 90 Aisle l~idth (in feet) 12 13.5 18.5 19.5 21 22 I Parking Angle (in degrees) (c) Commercial vehicular parking. QYeFA~§~t parking of a com- mercial vehicle in residential or. apartment districts shall be prohibited, except that one (1) commercial vehicle of three-quarter tons or less may be parked on any lot where there is located a main building by a resident of the premises. This I:_e~~ri~_tio~hallÐot aEE-ly to c:ommercial vehicles during the normal conduct of business or in the delivery or provision of service to a residential area. . Adopted by the Counci 1 of the City of Vi rgi ni a Beach, on the day of , 1979 I DEFERRED FOR THREE WEEKS: May 21, 1979 On motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to uphold the reco~~endation of the City Manager and the Planning Commission and DEFER the above ordinance to amend and reordain Article 2, Sections 200, 202 and 203 of the Comprehensive Zoning Ordinance pertaining to General Requirements and Procedures. THIS MATTER WAS DEFERRED FOR THREE WEEKS Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standi ng Council Members Voting Nay: None I Council ~'ernhers absent: Clarence A. Holland ',0 ,~.~-,~.,-,. "".",-,-",..,"'C=~" '. '~"",~-,,~-,,~-,,¥-.-v.,' """",~...,.~.,"" ...,....,." "",>,o"".'""""""."',,"'C., ...,..".""o"-~..~."",""Æ:.,._".~.:",.......,,,,_..,,....._.~-~".".",.~~"~~...",........~,.....k_,'~'~"'"""~~"""""'~",,,,.,,,,,,~~~._._.,...~_.",-,"..,..,_.~,...."..~...,. 0... .. -- ..... I I I ',~,~-,-c .. .. ,'..d""""! ',",v',"..' .. (ITEM II-I.4.a.l) FIRST REAOINCiS I TEt.1 #13771 ------ AN ORDINANCE TO ADJUST APPROPRIATIONS FOR SECOND AND THIRD YEARS' FUNnING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City has requested the Department of Housing and Urban Development (HUD) to approve various adjustments to the City's second and third years' funding of its Commurlity Development Block Grant (CDBG) Program, and WHEREAS, HUD has approved the above-mentioned adjustments. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following appropriations be adjusted as detailed: Second Year AQRr9priations From To Seatack Sewer, Ph. II & III Seatack Hater, Ph. III Seatack Streets Newlight Sewer Newl i ght ~Ja ter Queen City Water Doyletown Park Administration Rehabilitation Loans and Grants Total $ 830,660 84,600 35,500 180,000 78,300 4,500 5,000 49,440 50,000 $1,318,000 $ 844,193 110,922 180,000 78,300 5,000 5,642 49,440 44,503 $1 , 31S-;-ÕOO Third Year Approrriations Seatack Sewer, Ph. VI & VII Seatack \~ater, Ph. IV, VI, & VII Sea tac k Streets Ne~Jl i ght Sewer Newlight Hater Newlight Streets Newsome Farm Sewer Newsome Farm Water Gracetown Water Low-Interest Loans and Grants Payment of Line and Tap Fees Administration Local Option and Contingencies Tota 1 $ 528,340 $ 856,351 173,900 281,430 200,000 141,000 410,150 154,250 185,081 511 ,500 50,000 233,200 25,000 9,500 25,000 200,000 215,000 120,000 60,000 100,000 37,479 --- _4]2- 812- $2-~-2-80 ~öõ-õ- $2,280,000 Adopted by tile Council of the Cit} of Vi rgi nia Beach, Vi rgi ni a, on the ______day of ------' 1979 Fi rs tRead i n9 :.._..__r'~~L_~~l_!_J.~7 9...._.__---- Second !\eadi 119 :_-,.._-------~--------- .. ' "'.'-",C"',."',' -<;,~.", ',-'~"""""",_-"",c""","', "',"""~""""""'-"""".'._"'-' '.,on -' ,,' . THIS ITEM (13771) AND ITEM 13772 WERE VOTED ON AS ONE ITEM , I I I On motion by Councilman Ervin, seconded by Councilwoman Oberndorf City Council voted to APPROVE on FIRST READING the above ordinance, in the amount of $2,280,000 to adjust appropriations for second and third yearsl funding for the Community Development Block Grant Program. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council ~1embers Voting Nay: None Council Members absent: Cl arence A. Holl and I (ITEM II-I.4.a.l.a) ITEt1 # 1377 2 THIS ITEM AND ITEM 13771 WERE VOTED ON AS ONE ITEM AN ORDINANCE TO ACCEPT $1,973,000 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO APPROPRIATE THESE FUNDS WHEREAS, the Department of Housing and Urban Development (HUD) has approved partial fourth year funding for the City's Community Oevelop- ment Block Grant (CDBG) Program, and WHEREAS, the City wishes to accept this funding in order to begin work on various capital projects to be funded by CDßG." I NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the partial fourth year funding be accepted and appropriated for the following purposes: '~""".-~"'d'. .,. ",""";""" '--'-"""'""......,""'-"~_.."-,,.....,,,.,~-., ,. '-"'--"""""-"',""--"'--,"'" -.- ,--,.. . .,..._", . ,p,." " I I I " ~ "'..- Tota 1 _6p.rr~ pr i .9.!,t 0 n,? Sea tac k Streets Gracetovm Wa tor Queen City Hater Housing Rehabilitation Newsome Farm Selver Newsome Farm Hater Newlight Streets Tota 1 $ 417,519 146,500 100,000 250,000 720,900 153,000 185,081 $1,973,000- That the appropriations be financed 100~~ by federal funds' from HUD, with no local match required. ~1a_y' 21, 1979 FIRST READING: SECOND READING: --- Adopted by the Council of the City of Virginia Beach, Virginia, on the ~- day of , 1979 On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council voted to APPROVE on FIRST READING the above ordinance to accept $1,973,000 from the Depaftment of Housing and Urban Development and to approrriate these funds. Voting: 10-0 Council r1embers Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara t1. Henley, J. Henry t~cCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: Clarence A. Holland - '.. ---,.--." ,"-., .- .r:~~ -~.._~--_.~_.."'~-~............"'"'= '......~-~"""~"~",",,,,.~..- -. I I I " , , .. (ITEM II-K.l) BOARDS AND CO~MISSIONS ITEM #13723 ---------------- On motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to APPOINT Mr. Ernest L. Capps to the VIRGINIA BEACH MOSQUITO CONTROL DISTRICT for a term of four (4) years, beginning May 1,1979, and terminating September 30, 1983. This appointment is in compliance with the with the budget approved extension of the Princess Anne District to include the Boroughs of Pungo and Blackwater. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None I Council Members absent: Clarence A. Holland (ITEM II-L.l) OLD BUSINESS ITEM #13724 Mrs. Betty McClane, representing the Citizen's Advisory Committee for Housing and Community Development, spoke in behalf of Reverend Barnett Thorogood, who had to leave the Council Meeting early. Mrs. McClane indicated that on March 19, 1979, City Council agreed the Community Development Corporation would be allowed to participate in the Community Development Loan and Grant Program for the City of Virginia Beach. City Council instructed the City Staff to complete contract negoti a ti ons. On May 16, 1979, the Citizen's Advisory Committee for Housing and Urban Development met and approved the following recommendations: 1. Contract requested by City Council on March 19, 1979, between the City of Virginia Beach and the Community Development Corporation, be executed promptly. 2. The hiring and firing of the Executive Director of the Virginia Beach Community Development Corporation be determined by the Virginia Beach Community Development Corporation ONLY. 3. The duties of the Executive Director of the Corporation be spelled out specifically by the Directors of the Corporation to whom he is solely and directly responsible. 4. An effective working rela-tionship beÜJeen the Executive Director of the Corporation and the City's Community Development Staff be instituted promptly. s. The Community Development Staff of the City of Virginia Beach provide any assistance necessary for the proper performance of the Corporations' contract with the City. - -.- -----'.-->- - ,- --.... .>_.-..,,_. ""~.',,,-.-~"" L2.,""""-"""~""""""'-""'~""~"'-"""""~....-"ø;o~-<--- --- -,-_..~",.,..,.--=~._",.~""~Y_~""'.->""-'-"'- ------"-""'-.'-,",~Á"""'~"'-"~-"-<-""-~""_U.""""" I I I ... "'¡ . COllr~CIU'ii~N 110LII\:-IO I~ETURf [D 10 CHM,mEPS Hrs. t-1cClane indicated further it. is the concern for the welfare of all the citizens of Virginia Beach \'Ihich is the motivating factor in this action by the Comrfli ttee. Councilman Ervin indicated that in lookirg at the letter from Reverend Thoro~ood, the Community Development Corporation \'Jants to hire two (2) people, setting their salaries, which will come from the City's General Fund, and have complete control over,the hiring and firing of such employees. ' Mrs. McClane indicated the funds would not come from the City, but from the Community Development funds \'Jhich would be allocated to the Community Dev- elopment Corporation; and further stated the Corporation wants to hire one (1) person (Executive Director). Councilwoman Henley indicated that a few weeks ago, when Council approved two positions for the Community Development Office, they were told the positions would be needed whether the City went with the Corporation or whether the City administered the program. At the time the positions were approved, Council asked to have "srelled out" the Ü.¡o proposals whether the City used the Corporation or whether it would be an administrative program tnrough the City. The two proposals are needed to clarify what the procedures would be if the Council handled this matter solely through the City or if the Corporation were ,involved. Councilwoman Henley asked that for the meeting of June 4, 1979, the two proposals be "spelled out" for Council so a decision on this matter ::an be made: 1. If the Corporation is involved, how would this occur; what staff would be necessary in the City Administration and the Corpo- ration. 2. If solely handled by the City, what would be required. ITEM #13725 Vice Mayor McCoy indicated that at the public hearing held on the proposed widening of Holland Road, Delegate McClanan requested the City Council adopt a Resolution, to be forwarded to the Department of Highways, requesting bicycle paths be included on the Holland Road project. The City Manager indicated the Planning .Staff and the Planning Commission are working on a Master Bicycle Trail Plan, and it is anticipated the Staff will be bringing this to Council after the Comprehensive land Use Plan. ITEt~ #13726 On motion by Councilman Ervin, seconded by Councilman Baum, and by U~ANIMOUS vote, Council adjourned at 5:20 p.m. ~oa~£f«l~ ~tí~~ r-1a yo r 'p a trTëkl~-s t a n-JT,ig- - City of Virginia ßeach, Virginia ~1a y 21. 1 97 9 h "",..,..' '-Y"..~.",n""_"""""""-'--'<-""'_-N-' , ,-' -.,.......".--;~~,.,.,..^"^>, -. -, - -, -- _..c-,," ..-.. '.._" ,-"-- .< .."