SEPTEMBER 8 ,1980 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY M@COY JR.. D.D.S.. B.-.Sb
VICE.AIAYOR HAROLD IFEISCHOBER, A, L.,,.
JOHN A. SAUM. BI-A..,., B.-gb
P. REID ERVIN, A, L.,,.
BARBARA M. HENLRY. P..t. B.-lb
CLARENCE A. HOLLAND, bLD.. 3.y.id. B.-gb
W. H. KITCHIN. lit. Vigi.i. S-@b B...gb
REBA S. M,CLANAN, P,,--. A-. B.-gb
DONALD W. MERRICK, Ly-b..- B ... b
14EYERA E. OBERMOORF, At L.,C. 212 CITY HALL BUILDING
PATRICK L. STANDING. A, L.,,. MUNICIPAL CEN7ER
VIRGINIA BEACH, VIRGINIA 23436
RUTH HODGES SMITH. City Cl.,k (804) 427-4303
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: 12:30 p.m. September 8, 1980
A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS:
1. Matters for Discussion by Mayor
2. Matters for Discussion by Council
3. Rural Subdivision Requirements: Briefing
4. Oceanfront Encroachments Policy: Briefing
5. Pay Plan: Discussion
6. Comprehensive Zoning Ordinance Pertaining
to Condominiums: Briefing.
7. Pros and Cons of Curb and Gutter
-ieguirements: Discussion
8. Ordinance Relating to Terms of Appointees
to Boards and Commissions: Discussion of
-drdinance on Formal Agenda
9. Peddlers from Trucks: Discussion of
regulation. Item on Formal agenda.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend William Logen
Pastor
Community United Methodist Church
B. PLEDGE OF ALLEGIANCE
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETINGS:
1. Motion to accept/approve the Minutes of 25 August ;980
2. Motion to accept/approve the Minutes, of 27 August 1980
E. RESOLUTIONS
1. Resolution authorizing the City Manager to sign the
appropriate deeds to effect a swap of properties
which would result in City ownership of a 1.89-acre
parcel at no cost, on which a new fire station would
be constructed in Kempsville.
2. Resolutions requesting funding from the Department of
Highways and Transportation for the repair of the Lake
Smith Spillway and the Pennsylvania Overpass.
F. 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 discussion is desired, that item will be
removed from the Consent Agenda and considered separately.
1. Standard Water Agreements for the residents of Shenvallee
Drive in Bellamy Manor. The anticipated completion date
of this project is Summer, 1981. Funds are available.
2. Request of the City Attorney to defer for an additional
two (.2) weeks, two Ordinances amending Sections 29-3(B)(2-1)
and 37-29Cb).(2.1) of the City Code concerning detached
units and the rate paid for water and sewer line fees.
This item was deferred for two (-2) weeks on August 25, 1980.
3. Bingo/Raffle Permits:
Bingo Virginia Country Music Association, Inc.
Bingo Plaza Junior High School Band Parents
Association
4. Request of the City Treasurer for tax refunds in the
amount of $1,307.16.
5. ordinance, on second reading, to appropriate $5,800 for the
Clean Community System Program.
G. PLANNING ITEMS
1. NEW APPLICATIONS
a. Application of Mason Construction Company, Inc., for a
change of zoning from R-6 Residential District to A-3
Apartment District on a .69-acre parcel located on the
north side of Old Virginia Beach Road, west of Barberton
Drive CLynnhaven Borough).
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for approval.
G. PLANNING ITEMS (continued)
1. NEW APPLICATIONS
b. Application of Colonial-Laskin Associates for a
conditional use permit for recreational and amusement
facilities of an outdoor nature and an arcade building
on a 10-acre parcel located on the north side of the
Virginia Beach-Norfolk Expressway, west of First
Colonial Road clynnhaven Borough).
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for approval.
C. Application of The Trustees and Members of St. John
AME church for a conditional use permit for a church
on a 2.92-acre parcel located at the southwest corner
of Lawrence Drive and Goodman Road (Bayside Borough).
1. Letter from the City Manager transmits the recom-
mendation of the Planning Cormnission for approval.
d. Application of Charles R. Malbon, Jr. and John F. Malbon
for variances to Sections 4.1(ml, 5.4, 5.5 (a and b),
and 5.6 of the Subdivision Ordinance which require
minimum right-of-way ana pavement widths, street lights,
curb and gutter, drainage facilities, and sidewalks.
The applicants wish to subdivide a 1.11-acre site,
located at the northwest intersection of Holly Road and
West Holly Road, into two lots.
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for approval.
e. Application of Harry Jeavons for variances to Sections
4.lCml and 5.5(al of the Subdivision ordinance which
requires minimum street pavement widths and curb and
gutter. The applicant wishes to subdivide an approxi-
mate 1.42-acre site, located at the northeast corner
of Rose Hall Drive and Five Point Road, into two lots.
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for approval.
f. Application of Robert Davis for the vacation of a
portion of West Little Neck Road, as shown on the plat
of "Subdivision of Property of S. G. Keeling Estate,
Lynnhaven Borough, Virginia Beach, Virginia, October 12,
19-71." The right-of-way to be vacated consists of an
unimproved turn-around area, approximately 95 feet in
depth. The applicant desires the vacation in order to
facilitate the erection of a fence and qate around his
adjoining property.
In addition to the requirements of the Planning Commis-
sion, officials of the Planning Department have reco@
inended, and the City Manager concurs, that the appli-
cant should be required to have the land divided so
that each lot has adequate access before the vacation
takes effect.
1. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for approval.
H. ORDINANCES
1. CITY CODE AMENDMENTS
a. Ordinance to amend Chapter 3 of the Code of the City
of Virginia Beach, Virginia, by adding Section 2-21
relating to terms for members of Boards and Conanissions.
2. COMPREHENSIVE ZONING ORDINANCE AMENDMENTS
a. OrdinanCe to amend the Comprehensive Zoning Ordinance
by adding a new Section to Article 1 of the General
Provisions Section entitled, "Sales from Motor Vehicles,
etc."
If Council wishes to proceed with this matter, this
proposal will be forwarded to the Planning Commission
for their review.
3. FIRST READINGS
a. ordinance to accept a modification to the City's con-
tract with the Southeastern Tidewater Area Manpower
Authority, increasing funding for the CETA - Title VI
Employment Program by $277,276, and to appropriate
these funds.
b. Ordinance to appropriate funds, in the amount of
$22,884, for street improvements to the 100 block of
82nd Street.
C. ordinance to provide an additional secretarial position
in the City Clerk's Office, and appropriate funds in
the amount of $9,610 from the General Fund Balance.
4. Bids
a. Low bid of M. E. Wilkins, Inc., in the amount of
$139,261, for the Birdneck Point Water System
Improvements Phase II,
AND, authorize the City Manager to enter into the
necessary agreements for the implementation of this
project.
I. APPOINTMENTS: Boards/Commissions
1. Mosquito Control Commission
2. Wetlands Board
J. OLD 13USINESS
K. NEW BUSINESS
L. ADJOURNMENT
1. Motion for adjournment
MAS 9/4/80
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
8 September 1980
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor J. Henry McCoy, Jr., in the Conference Room,
in the Administration Building, on Monday, 8 September 1980 at Twelve-Thirty
in the afternoon.
Council Members Present:
Vice Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., and Meyera E. Oberndorf
Council Members Absent:
John A. Baum, F. Reid Ervin, Donald W. Merrick, and Patrick
L. Standing
ITEM #15543
Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION for the purpose of discuss-
ing the following:
1. Discussion or consideration of employment, assignment, appointment,
promotion, demotion, salaries, discipline or resignation of public
officers, or employees of any public body. (Personnel Matters).
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. (Legal Matters).
2-
Upon motion by Councilman Holland, seconded by Councilman Kitchin,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Council Members Voting Aye:
Vice Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, F. Reid Ervin, Donald W. Merrick, and Patrick
L. Standing
3-
M A T T E R S B Y T H E M A Y 0 R
ITEM #15544
Mayor McCoy requested Council's input on changing the INFORMAL BRIEFING
SESSION to ensure that all pertinent and controversial matters are
discussed thoroughly. one hour will be allowed for each topic of
discussion.
As this change is to take effect immediately, the first meeting of
the month will consist of the INFORMAL AND FORMAL SESSIONS, and an
INFORMAL BRIEFING SESSION, if necessary.
M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15545
Councilman Ervin requested Mayor McCoy write a letter to the other
Tidewater Mayors seeking a meeting with their appointed representatives
on the Tidewater Stadium Authority to explore the feasibility of an
areawide stadium due to the deterioration of Forman Field.
ITEM #15546
Councilman Ervin requested information from the City Manager regarding
the City's policy of placing certain items purchased by City Departments
out on bid.
The City Manager advised Council that all items over $500.00 were
"put out" on bid, with the exception of typewriters; however, as of
now, all bids will be invited on all items over $500.00.
Councilman Ervin advised Council that due to recent publicity perhaps
items over $2,500. should be by "sealed" bids only; and, requested the
City Manager to outline in writing the City's policy on purchasing for
all City Departments, excluding the School Board, and bring to Council
for review.
ITEM #15547
Councilman Holland discussed with Council the parking situation at
the North End of Virginia Beach, and expressed his concern that
present planning should be deferred until further investigation of
the parking problems can be made.
Mayor McCoy appointed Councilman Holland and Councilman Ervin to meet
with the residents of the North End of Virginia Beach to discuss this
matter.
COUNCILMAN ERVIN ENTERED MEETING AT 12:35 p.m.
COUNCILMAN BAUM ENTERED MEETING AT 12:45 p.m.
COUNCILMAN STANDING ENTERED MEETING AT 12:52 p.m.
4-
I N F 0 R M A L A G E N D A
ITEM #15548
Mr. Robert J. Scott, Planning Director, discussed with Council the require-
ments for curb and gutter..
Mr. C. Oral Lambert presented the following list of requirements:
1. With curbing, the traffic is channelized. It
prevents driving and parking on lawns, sidewalks,
and other right-of-way improvements. Also, it
protects utilities in yards, telephone poles,
fire hydrants, etc.
2. The curb and gutter eliminates roadside ditches
and protects the edge of pavement from crushing and
cost weather destruction. Without this combination
auto traffic breaks down the pavement edge, eventu-
ally narrowing the roadway and thereby destroying
their utility.
3. Maintenance is eliminated or facilitated by the
structure. There is no reditching when swales are
eliminated. Sedimentation and erosion is reduced
to a minimum, thereby reducing downstream effects
on pipe and culvert systems. It is a fact that
roadside swals t:end to build up or grow up.
4. The elimination of roadside ditches and swales is
a contribution to mosquito control problems, as well
as general health considerations. Without it, standing
water, mud and weeds are a health hazard.
5. Aesthetically, it is pleasing to a majority of
property owners and aesthetically, it permits street
sweeping and cleaning.
6. It is easier to construct and control the location
and size of entrances while eliminating drive pipes and
other restrictive structures.
ITEM #15549
The Planning Director presented a report regarding the Comprehensive Zoning
Ordinance pertaining to condominiums.
ITEM #15550
The Director of Public Works presented a report on the Oceanfront
Encroachment Policy, and advised Council that the City's investigation
began in July of 1979, when a deck was constructed on the City's property.
Mr. Lambert presented to Council a sample letter forwarded to property
owners of the North End. (A copy of the letter and Encroachment Policy
has been made a part of these proceedings).
- 5-
ITEM #15551
The discussion of the Pay Plan will be placed on a future Council Agenda.
ITEM #15552
The Ordinance relating to terms of appointees to Boards and Commissions
was deferred to the FORMAL AGENDA.
ITEM #15553
The Ordinance regulating the peddling of foods from trucks was deferred
to the FORMAL AGENDA.
Council recessed into the EXECUTIVE SESSION (1:45 p.m.), for briefing
prior to the FORMAL SESSION of City Council.
6-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
8 September 1980
2:15 p.m.
Council Members Present:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Absent:
F. Reid Ervin* and Donald W. Merrick
INVOCATION: Reverend William Logen, Pastor, Community United
Methodist Church.
PLEDGE OF ALLEGIANCE
M I N U T E S
ITEM II-D.1 ITEM #15554
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVE the Minutes of 25 August 1980.
Voting: 9-0
7-
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
*F. Reid Ervin, and Donald W. Merrick
8-
ITEM II-D.2 ITEM #15555
Upon motion by Councilman Standing, seconded by Councilwoman Henley,
City Council voted to APPROVE the Minutes of the Special Meeting of
27 August 1980.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
i--. Reid Ervin, and Donald W. Merrick
9-
R E S 0 L U T I 0 N S
ITEM II-E.1 ITEM #15556
Requested by the Office of the City Manager
The Regular Meeting of the Council of the City of Virginia
Beach, Virginia, was held in Council Chambers of the Administration
Building on the Eighth day of September, 1980.
Upon motion by Councilwoman Oberndorf, seconded by
Mayor McCoy, the following Resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the Kempsville Volunteer Fire Department is
currently located in a building near the intersection of Kempsville
Road and Princess Anne Road; and,
WHEREAS, the Kempsville Volunteer Fire Department does not
have adequate room and space in the building in which they are pre-
sently located; and,
WHEREAS, there presently exists a 1.890 acre parcel of
vacant property located near the present Kempsville Volunteer,Fire
Department parcel; and,
WHEREAS, the property owners of the 1.890 acre parcel have
proposed a property change of their 1.890 acre parcel if they may
acquire the Kempsville Ruritan Club and Kempsville Volunteer Fire
Department property which now contain 0.22 acres and 0.125 acres
respectively; and,
WHEREAS, the 1.890 parcel may accommodate the Kempsville
Volunteer Fire Department and City's wishes for a larger site for a
new building for fire and rescue purposes.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Virginia Beach, Virginia:
THAT the City Manager is authorized to enter into those
agreements and execute those deeds and documents necessary to
accomplish the proposed property exchange.
Adopted by the Council of the City of Virginia Beach,
,Virginia, on the Eighth day of September, 1980.
-10-
Upon motion by Councilwoman Oberndorf, seconded by Mayor McCoy, CitY
Council voted to uphold the recommendation of the City Manager and
APPROVE the Resolution authorizing the City Manager to sign the
appropriate deeds to effect a swap of properties which would result
in City ownership of a 1.890-acre parcel of land at no cost.
Voting: 8-1
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Ilenley, Clarence A. Holland, W. H. Kitchin, III, Mayor
J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Reid Ervin, and Donald W. Merrick
ITEM II-E.2 ITEM #15557
WHEREAS, it is necessary for a request by Resolution be made
to the Department of Highways & Transportation of the Commonwealth of
Virginia by the Council of Virginia Beach for each project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF VIRGINIA
BEACH, VIRGINIA, at its Regular Meeting on this Eighth day of
September, 1980, that:
(1) The Virginia Department of Highways & Transportation
is hereby requested to establish a project within Virginia Beach,
Virginia, for replacement or rehabilitation of a deficient bridge
(including necessary approaches), carrying Route 60, Shore Drive (EBL)
over Lake Smith Spillway.
(2) That Virginia Beach hereby agrees to pay its share of
the cost for preliminary engineering, right-of-way and construction
under the cost formula of 95 percent by the Virginia Department of
Highways & Transportation and 5 percent by Virginia Beach.
(3) If Virginia Beach subsequently decides to cancel such
construction or improvement after Commission has initiated the project,
Virginia Beach shall reimburse the Commission the net amount of all funds
expended by the Commission for planning, engineering, right-of-way
acquisition, demolition, relocation, and construction between the date
of initiation by Virginia Beach and the date of cancellation.
ADOPTED THIS Eighth day of September, 1980
VIRGINIA BEACH, VIRGINIA
ATTEST:
BY:
Clerk of Council Mayor
-1 2-
WHEREAS, it is necessary for a request by Resolution be made
to the Department of Highways & Transportation of the Commonwealth of
Virginia by the Council of Virginia Beach for each project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF VIRGINIA
BEACH, VIRGINIA, at its Regular Meeting on this Eighth day of
September, 1980, that:
(1) The Virginia Department of Highways & Transportation
is bereby requested to establish a project within Virginia Beach,
Virginia, for replacement or rehabilitation of a deficient bridge
(including necessary approaches), carrying Route 60, Shore Drive (IRBL)
over Pennsylvania Railroad.
(2) That Virginia Beach hereby agrees to pay its share of
the cost for preliminary engineering, right-of-way and construction
under the cost formula of 95 percent by the Virginia Department of
Highways & Transportation and 5 percent by Virginia Beach.
(3) If Virginia Beach subsequently decides to cancel such
construction or improvement after Commission has initiated the project,
Virginia Beach shall reimburse the Commission the net amount of all funds
expended by the Commission for planning, engineering, right-of-way
acquisition, demolition, relocation, and construction between the date
of initiation by Virginia Beach and the date of cancellation.
ADOPTED THIS Eighth day of September, 1980
VIRGINIA BEACH, VIRGINIA
ATTEST:
BY:
Clerk of Council Mayor
-1 3-
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Resolutions requesting funding from the Department of
Highways and Transportation for the repair of the Lake Smith Spillway
and the Pennsylvania Overpass.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
* F. Reid Ervin, and Donald W. Merrick
COUNCILMAN ERVIN ENTERED MEETING AT 2:37 p.m.
-1 4-
ITEM II-F
The following items listed as the CONSENT AGENDA were considered
and enacted by ONE MOTION:
ITEM II-F.1 ITEM #15558
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE th@ Standard Water Agreements for the residents of Shenvallee
Drive in Bellamy Manor. The anticipated completion date of this project
is Summer, 1981. Funds are available.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay;
None
Council Members Absent:
Donald W. Merrick
-1 5-
ITEM II-F.2 ITEM #15559
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the request of the City Attorney to defer for an additional two
(2) weeks, two Ordinances amending Sections 29-3(B)(2.1) and 37-29(b)
(2.1) of the City Code concerning detached units and the rate paid for
water and sewer line fees.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
-1 6-
ITEM il-F. 3 ITEM # -15560
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the following Bingo Permits:
BINGO Virginia Country Music Association, Inc.
BINGO Plaza Junior High School Marching Trojanettes
Parents Association
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
9/ 8/ 80
- 1 7-
ITEM II-F.4 ITEM #15561
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the re'quest of the City Treasurer for tax refunds in the amount
of $1,307.16.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Rarold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
-1 8-
At! lr)lt4ANCE AUT@IOR;ZIN'G TAX REFUNDS
,,,r,O,tq APPLICATION OF CERTAIN PERSONS
UPON CERTIFICATION OF TH-r- TREASURER
A@!D
FOR PAYMENT
E3y THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA:
applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- D ate P e n alty I nt. Total
NAME Year of Tax Nuniber tion No. Paid
80 pp 27362 6/5/80 39.84
L. Peterson Trust 6/5/80 145.14
,io Stephen P. 80 pp 37026 6/5/80 1,122.18
80 pp 92960
:t SerVice Co-
Total 1,307.16
Tiiis ordinance shall be effective from date of adoption.
T@i,, abatement(s) totaling CE
$1 , 30 7. l@ 6 were approved b,,.
the Council of the City of Virginia
Beach on the 8- day of emb
Jc
Approved as to fg m:
ll,ith Hodgos Smith
CitY Clerk
n"@ityAttori)(,Y
1 9-
ITEM II-F.5 ITEM #15562
AN ORDINANCE TO APPROPRIATE ADDITIONAL
FUNDS FOR THE CLEAN COMMUNITY SYSTEM
PROGRAM
WHEREAS, City Council approved the Third Year funding of
the Clean Community System Program on January 21, 1980; and,
WHEREAS, the State Department of Conservation and Economic
Development, Division of Litter Control, will provide additional
Third Year funds in the amount of $5,800.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the
additional funds for the City, and funds are hereby appropriated in
the amount of $5,800 for the Clean Community System Program; and,
BE IT FURTHER ORDAINED that the appropriations be financed
by $5,800 Estimated Revenue from the State Department of Conservation
and Economic Development.
FIRST READING: 25 August 1980
SECOND READING: 8 September 1980
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of September, 1980.
This Ordinance shall be effective from date of adoption.
20-
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE on SECOND READING the Ordinance to appropriate additional funds
for the Clean Community System Program.
Voting: 10-0
Council Members Voting Aye:
john A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
21-
P L A N N I N G A G E N D A
ITEM II-G.l.a ITEM #15563
Upon motion by Councilman Ervin, seconded by Councilman Standing,
City Council voted to uphold the recommendation of tbe Planning
Commission and APPROVE the application of MASON CONSTRUCTION
COMPANY for a Change of Zoning District Classification, as per tbe
following; subject to tbe four (4) conditions outlined in the City
Manager's letter:
AN ORDINANCE UPON APPLICATION OF MASON W980526
CONSTRUCTION COMPANY, INC., FOR A CHANGE
OF WNING DISTRICT CLASSIFICATION FROM
R-6 RESIDENTIAL DISTRICT TO A-2 APARTMENT
DISTRICT (MODIFIED FROM A-3 APARTMENT
DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF TEE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of Mason Construction Company, Inc.,
for a Change of Zoning District Classification from R-6 Residential
District to A-2 Apartment District (modified from A-3 Apartment
District) on certain property located on the North side of Old
Virginia Beach Road beginning at a point 35 feet West of Barberton
Drive, running a distance of 210 feet along the North side of Old
Virginia Beach Road, running a distance of 127.54 feet in a
Northerly direction, running a distance of 22.71 feet in an Easterly
direction, running a distance of 119.56 feet in a Northerly direction,
running a distance of 35 feet along the South side of A Street,
running a distance of 105 feet in a Southerly direction, running a
distance of 186.43 feet in an Easterly direction and running a dis-
tance of 92.73 feet along the Eastern property line. Said parcel
contains .69 acre. LYNNHAVEN BOROUGH.
Approval is subject to the f6llowing provisions in conjunction with
the intended use of the land:
1. Modified to A-2 Apartment District.
2. Standard improvements as required by the Site Plan and
Subdivision Ordinances.
3. Right-of-way improvements as necessary along Old Virginia Beach
Road; this includes pavement widening, curb and gutter, sidewalk
and drainage facilities. Old Virginia Beach Road is to be improved
with a 36-foot roadway section in a 50-foot right-of-way.
4. The vacation of the existing lot lines in order to avoid the
creation of nonconforming lots.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of September, 1980.
2 2-
Voting 10 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
2 3 -
ITEM II-G.l.b ITEM #15564
Mr. Thomas C. Broyles appeared in behalf of the applicant.
Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendations of the Planning
Commission and APPROVE the renewal of the application of COLONIAL-
LASKIN ASSOCIATES for a Conditional Use Permit, as per the following;
subject to the nine (9) conditions outlined in the City Manager's
letter
AN ORDINANCE UPON APPLICATION OF COLONIAL- R0980337
LASKIN ASSOCIATES FOR A CONDITIONAL USE
PERMIT FOR RECREATIONAL AND AMUSEMENT
FACILITIES OF AN OUTDOOR NATURE AND AN
ARCADE BUILDING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VTRGINIA, THAT:
Ordinance upon application of Colonial-Laskin Associates for a
Conditional Use Permit for recreational and amusement facilities
of an outdoor nature and an arcade building on certain property
located on the North side of Virginia Beach-Norfolk Expressway
beginning at a point 665 feet West of First Colonial Road, running
a distance of 737 feet along the North side of the Virginia Beach-
Norfolk Expressway, running a distance of 590 feet more or less
along the Western property line, running a distance of 760 feet
more or less along the Northern property line and running a distance
of 550 feet along the Eastern property line. Said parcel contains
10 acres. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A dedication of right-of-way ranging from 30 feet to 60 feet
for Shaft Lane Extended.
4. The dedication of a 50 foot cul-de-sac street adjoining Shaft
Lane Extended.
5. The developer shall construct one-half the roadway section for
Shaft Lane Extended to the building site and install all the
drainage facilities. In addition, the developer shall construct
the entire cul-de-sac leading South to this site.
6. All lighting is to be directed to the interior of the site and
shielded from adjacent areas.
7. Parking for the Malibu Grand Prix building at a standard of
one (1) space per one hundred (100) square feet of floor area.
8. Parking for the amusement center at a standard of one (1) space
per one hundred (100) square feet of floor area.
9. Parking for the miniature golf course at a ratio of 11/2 spaces
per hole.
Adopted by the Council of the City of Virginia Bea-ch,
Virginia, on the.Eighth day of September, 1980.
Tbis Ordinance shall be effective from date of adoption.
- 24-
Vot ing: 1 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
@Council Members Absent:
Donald W. Merrick
- 2 5-
ITEM II-G.l.c ITEM #15565
Attorney Edwin C. Kellam, Jr., appeared in behalf of the applicant
Upon motion by Councilman Holland, seconded by Councilwoman oberndorf,
City Council voted to uphold the recommendations of the Planning
Commission and APPROVE the application of TRUSTEES AND MEMBERS OF ST.
JOHN AME CHURCH for a Conditional Use Permit, as per the following;
subject to the four (4) conditions outlined in the City Manager's
letter:
AN ORDINANCE UPON APPLICATION OF TRUSTEES R0980338
AND MEMBERS OF ST. JOHN AME CHURCH FOR A
CONDITIONAL USE PERMIT FOR A CHURCH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of Trustees and Members of St.
John AME Church for a Conditional Use Permit for a church
on certain property located at the Southwest corner of
Lawrence Drive and Goodman Road, running a distance of
311.8 feet along the West side of Lawrence Drive, running
a distance of 417.74 feet along the Southern property
line, running a distance of 312 feet along the Western
property line and running a distance of 400.4 feet along
the South side of Goodman Road. Said parcel contains 2.92
acres. BAYSIDE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land.
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. The provision of adequate downstream drainage facilities and
easements as necessary.
4. Parking is to be handled administratively as the Church
membership increases.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on tbe Eighth day of September, 1980.
2 6 -
Voting 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, Ill,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
2 7-
ITEM II-G-.l.d ITEM #15566
Attorney H. Calvin Spain appeared in behalf of the applicant.
The following paragraphs were inadvertently omitted from the City
Manager's letter concerning this application:
"Requests similar to this have increased sub-
stantially. Possibly Council would like to
reconsider the reasons for granting these
variances. The advantages of curb and gutter,
whether in the Southern or Northern portion of
the City, are the same. The issue of maintenance
drainage, and overall improvements to the area have
been proven in each case. In addition, the delineation
of a curb line establishes boundaries and does not
create the ruts which will eventually cause drainage
problems."
"Also, without curb and gutter, many hours are spent
by officials of the Highway Department insuring proper
drainage and other maintenance work. Therefore, on all
other requests for variances of this type, I would
recommend that normal standard site plan improvements be
provided."
Upon motion by Councilman Ervin, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of CHARLES R. MALBON, JR., AND JOHN F.
MALBON, for a variance, as per the following; subject to the conditions
outlined in the City Manager's letter:
Appeal from decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
Charles R. Malbon, Jr., and John F. Malbon. Property located
at the Northwest intersection of Holly Road and West Holly
Road. Plats with more detailed information are available in
the Department of Planning.
The applicants are requesting variances to Sections 4.1(m),
5.4, 5.5 (a and b), and 5.6 of the Subdivision Ordinance
which require minimum right-of-way and pavement widths, street
lights, curb and gutter, drainage facilities, and sidewalks.
Approval is subject to the following conditions:
1. The required right-of-way dedication along Holly Road
will be necessary.
2. Drainage facilities will be required.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of September, 1980.
2 8-
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
2 9-
ITEM II-G.l.e ITEM #15567
Harry and Betty Jeavons appeared in behalf of their application,
and presented letters from residents in the area in favor.
Vice Mayor Heischober made a motion, seconded by Councilman Baum, to
DENY the application of HARRY JEAVONS for variances to Section 4.1(m)
and 5.5(a) of the Subdivision Ordinance which requires minimum street
pavement widths and curb and gutter.
Councilwoman McClanan offered a SUBSTITUTE MOTION, seconded by
Councilman Standing, to APPROVE the request of HARRY JEAVONS
for variances to Section 4.1(m) and 5.5(a) of the Subdivision
Ordinance; AND, to waive the requirement for curb and gutter.
Vot ing: 4- 6
Council Members Voting Aye: (for substitute motion)
F. Reid Ervin, W. H. Kitchin, III, Reba S. McClanan, and
Patrick L. Standing
Council Members Voting Nay:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, Mayor J. Henry McCoy, Jr.,
and Meyera E. Oberndorf
Council Members Absent:
Donald W. Merrick
The SUBSTITUTE MOTION WAS LOST
30-
Upon motion by Vice Mayor Heischober, seconded by Councilman Baum,
City Council voted to DENY the application of HARRY JEAVONS for variances
to Section 4.1(m) and 5.5(a) of the Subdivision.
Voting: 8-2
Cbuncil Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan, and Patrick L. Standing
Council Members Absent:
Donald W. Merrick
31-
ITEM II-G*l@.@f ITEM #15568
BOOK 2084 PAGE 234
Attorney H. Calvin Spain appeared in behalf of the applicant.
The following paragraphs should be DELETED from the City Manager's
letter
"Requests similar to this have increased substantially.
Possibly Council would like to reconsider the reasons
for granting these variances. The advantages of curb
and gutter, whether in the Southern or Northern portion
of the City, are the same. The issue of maintenance
drainage, and overall improvements to the area have
been proven in each case. In addition, the delineation
of a curb line establishes boundaries and does not
create the ruts which will eventually cause drainage
problems."
"Also, without curb and gutter, many hours are spent
by officials of the Highway Department insuring proper
drainage and other maintenance work. Therefore, on all
other requests for variances of this type, I would
recommend that normal standard site plan improvements be
provided."
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of ROBERT DAVIS for the vacation of all
that certain portion of the Plat of "Subdivision of property of S. G.
Keeling Estate, Lynnhaven Borough, Virginia Beach, Virginia, October 12,
1 971.
ORDINANCE UPON APPLICATION OF ROBERT DAVIS
FOR THE VACATION OF ALL THAT CERTAIN PORTION
OF THE PLAT OF "SUBDIVISION OF PROPERTY OF
S. G. KEELING ESTATE, LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VIRGINIA, OCTOBER 12, 1971"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Robert Davis for the vacation
of all that certain portion of the plat of "Subdivision of
property of S. G. Keeling Estate, Lynnhaven Borough, Virginia
Beach, Virginia, October 12, 1971," recorded in the Office
of the Clerk of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 90, at Page 17, designated as
"The Northern 95.05 feet of West Little Neck Road as shown on
Plat of vacation of portion of West Little Neck Road, Lynnhaven
Borough, Virginia Beach, Virginia, June 30, 1980." More
detained information is available in the Department of Planning.
LYNNHAVEN BOROUGH.
Approval is subject to the following provisions:
1. Applicant has agreed that the fence will not exceed
51/2 feet in height. -
32-
2. Dedication of a 10-foot drainage easement along the
Southern property line.
3. The entrance gate to be erected as part of the fencing
of this site shall provide a minimum clearage width of
12 feet when open. This is necessary to allow for the
passage of large fire apparatus in emergency situations.
4. The applicant should be required to have the land split
up so that each lot has adequate access before the
va c a t io n t a ke s e f f e c t .
Voting: 10-0
Council Members Voting Aye:
John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
3 3-
0 R D I N A N C E S C I T Y C 0 D E A M E N D M E N T S
ITEM II-H.l.a ITEM #15569
Requested by: City Manager
AN ORDINANCE TO AMEND CHAPTER 2
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, BY ADDING SECTION
2-27 RELATING TO TERMS FOR BOARDS AND
COMMISSIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That any member appointed to a Board or Commission of the
City shall be limited to:
a. Eight consecutive one-year terms
b. Four consecutive two-year terms
C. Three consecutive three-year terms
d. Two consecutive four-year terms
e. Two consecutive five-year terms
Council shall limit its selections to those persons who
have submitted applications on forms approved by City Council and
on file with the City Clerk.
Each member of Council may review the applications fifteen
(15) days prior to the appointment.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of September, 1980.
- 34 -
C 0 M P R E H E N S I V E Z 0 N I N G 0 R D I N A N C E
ITEM II-H.2.a ITEM #15570
Mr. Dave Davis appeared in favor of the Ordinance.
The following appeared in oppositibn:
Jay Bereburb and Adrian Barba, Independent
Food Sellers, requesting a clarification of
the Ordinance.
Mr. John T:Llly, renting space at Haygood
Shopping Center
Donald Hughes, suggesting Council increase
amount of license fees
E. W. Dixon, Shoreline Seafood
Upon motion by Councilwoman Oberndorf, seconded by Mayor McCoy, City
Council voted to DEFER FOR ONE WEEK (15 September 1980), the Ordinance
to amend and reordain Article 2, of the Comprehensive Zoning Ordinance
of the City of Virginia Beach, Virginia, by adding thereto a new
Division G, Section 270, pertaining to Sales from Motor Vehicles.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
- 3 5 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2 OF THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, BY ADDING THERETO A NEW
DIVISION G, SECTION 270, PERTAINING TO
SALES FROM MOTOR VEHICLES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 2 of the Comprehensive Zoning Ordinance of the
City of Virginia Beach, Virginia, is hereby amended and reordained by
adding thereto the following Division G, Section 270.
G. SALES FROM MOTOR VEHICLES, ETC.
Section 270. Sales from motor vehicles
The sale of goods, wares and unprepared food to consumers on
private property from any motor vehicle, trailer, cart, drays, wagon,
pushcart or any hand or peddle propelled vehicle shall be prohibited
except under the following conditions:
1. Sales shall only be in zoning districts which allow
retail sales as a principal use;
2. There shall be no sales within one hundred fifty (150)
feet of any street intersection;
3. Where allowed, sales shall be for no longer than fifteen
(15) minutes in the same block on any given day; and,
Nothing contained in this section shall prohibit the other-
wise lawful sale of products from the site on which they are grown,
in either an agricultural or residential district.
For purposes of this section only, "sales" shall be defined
as the advertising, displaying, offering or exchanging for value of
goods, wares or unprepared foods.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
DEFERRED BY CITY COUNCIL: 8 September 1980
3 6-
F I R S T R E A D I N G S
ITEM II-H.3.a ITEM #15571
AN ORDINANCE TO ACCEPT A
MODIFICATION TO THE CITY's
CONTRACT WITH THE SOUTHEASTERN
TIDEWATER AREA MANP6WER AUTHORITY
INCREASING FUNDING FOR THE CETA -
TITLE VI EMPLOYMENT PROGRAM BY
$277,276, AND TO APPROPRIATE THESE
FUNDS
WHEREAS, the City Council, on January 28, 1980, accepted
partial funding totaling $216,309 for the City's Title VI Employment
Program under the Comprehensive Employment and Training Act of 1973
(CETA); and,
WHEREAS, the Southeastern Tidewater Area Manpower Authority
(STAMA) has awarded the City an additional $277,276 to increase the
CETA - Title VI program to $493,585; and,
WHEREAS, the City wishes to accept this additional funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to enter into the
modified contract with STAMA for additional funding for the following
program:
Estimated Revenue Total
From Other Agencies Appropriations
CETA - Title VI $277,276 $277,276
That the appropriations be financed 100% by federal funds from
the Department of Labor through STAMA, with no local match required; and,
That a total of fifty-two personnel positions for CETA - Title
VI, be hereby authorized for the duration of the Grant, to be paid by the
Grant, with classes of employees to be determined by the City Manager.
FIRST READING: 8 September 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
This Ordinance shall be effective from date of adoption.
- 3 7 -
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE ON FIRST READING the Ordinance to accept
modification to the City's contract with the Southeastern Tidewater
Area Manpower Authority increasing funding for the CETA - Title VI
Employment Program by $277,276, and to appropriate these funds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
- 3 8-
ITEM II-H.3.b ITEM #15572
AN ORDINANCE TO APPROPRIATE FUNDS
FOR STREET IMPROVEMENTS TO THE
100 BLOCK OF 82nd STREET
WHEREAS, on November 28, 1977, City Council accepted the
report of the Mayor's Committee on North Virginia Beach; and,
WHEREAS, this report among other considerations recommended
guidelines for constructing and financing street improvement to
parallel streets between Cavalier Drive and 89th Street; and,
WHEREAS, the owners of property at 82nd Street, 100 Block
have agreed to pay their pro-rata share of the cost to install curb
and gutter along their street; and,
WHEREAS, the total cost for street improvements to the
100 Block of 82nd Street is $22,884 to be financed as follows:
(1) Property owners' share $5,684
(2) FY 1980-81 Budget resurfacing
schedule $1,200
(3) Request for additional funding $16,000
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that funds of $22,884 be appropriated
from the General Fund Balance to the Department of Public Works for
the construction of curb and gutter to the 100 Block of 82nd Street.
The above project shall not be performed until the record
property owners have paid or entered into an agreement to pay their
pro-rata share of the cost of these improvements.
FIRST READING: 8 September 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 1980.
This Ordinance shall be effective upon date of adoption.
-3p-
Mr. Tazewell T. Hubert, Jr. , appeared in favor of the Ordinance.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance to appropriate funds for street
improvements to the 100 Block of 82nd Street, in the amount of $22,884.
Voting: -0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, W. H. Kitchin, III, Reba
S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abstaining:
F. Reid Ervin
Council Members Absent:
Donald W. Merrick
- 4 0-
ITEM II-H.3.c ITEM #15573
AN ORDINANCE TO PROVIDE AN ADDITIONAL
SECRETARIAL POSITION IN THE CITY CLERK'S
OFFICE
WHEREAS, additional responsibilities have been placed upon
the City Clerk's office in relation to the efficient maintenance of
records; and,
WHEREAS, there is a need for one additional secretarial
position in order to effectively handle the increased workload; and,
WHEREAS, the funding needed to create an additional secretarial
position including fringe benefit costs for the 1981 fiscal year is
$ 9 , 6 1 0 .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that funds of $9,610 be appropriated from
the General Fund Balance in order to create an additional secretarial
position in the City Clerk's office.
Adapted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
FIRST READING:
SECOND READING:
This Ordinance shall be effective from date of adoption.
DEFERRED ONE WEEK: 8 September 1980
4
Upon motion by Councilman Standing, seconded by Councilman Baum, City
Council voted to DEFER FOR ONE WEEK (15 September 1980), the Ordinance
providing an additional secretarial position in the City Clerk's Office.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
4 2 -
B I D S
ITEM II-H.4.a ITEM #15574
The following bids have been received for the Birdneck Point Water
System Improvements, Phase II:
M. E. Wilkins, Inc. $139,261.00
Carter-Bell Corporation $146,362.00
A & W Contractors, Inc. $155,027.80
Floyd B. Smith Contracting
Inc. $173,170.30
Vico Construction Corporation $174,362.24
Suburban Grading & Utilities,
Inc. $176,327.25
A. Stanley Mundy & Company $188,483.15
Chesapeake Bay Utilities, Inc. $189,998.00
Inner-View, Ltd $197,860.50
W. R. Hall, Jr. $208,690.55
Engineer's Estimate $192,500.00
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the low bid of M. E. Wilkins, Inc., in the amount of $139,261.00
for the Birdneck Point Water System Improvements, Phase II,
AND, authorized the City Manager to enter into the necessary agreements
for the implemention of this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
-4 @-
A P P 0 I N T M E N T S
ITEM II-I.2 ITEM #15575
Upon motion by Councilman Ervin, seconded by Councilman Standing,
City Council voted to APPOINT E. T. Buchanan to the WETLANDS BOARD
for a term of five (5) years, beginning 18 September 1980 and
ending 17 September 1985.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
-4 4
0 L D B U-S I N E S S
ITEM II-J.1 ITEM #15576
Councilwoman Oberndorf stated that during the INFORMAL SESSION of
today's meeting (8 September 1980), the City Manager advised Council
of the City's purchasing policy.
Councilwoman Oberndorf requested that any item over $2,500.00,
typewriters or the like, be placed on bid.
Tbe City Manager advised Councilwoman Oberndorf that the City's
policy has been anything over $500.00, except typewriters, would
be placed on bids; however, as of now anything over $500.00 is to
placed on bid.
Councilwoman Oberndorf requested Council to consider the suggestion
that members of Council, and their appointees, would not permit their
families to do business with the City while the Council Member, or
appointee, is serving his/her term of office.
ITEM II-J.2 ITEM #15577
Councilman Holland advised Council he is a member of the Nominating
Committee for the Virginia Municipal League and if any member of
Council wished to place any name in nomination for various offices
to let him know.
ITEM II-J.3 ITEM #15578
Councilman Ervin advised Council that on Thursday, 11 September 1980,
the City Manager, Mayor McCoy, Councilman Merrick, and himself, will
be meeting with the City of Norfolk to discuss possible changes in the
current water contract. Minutes of that meeting will be kept.
Councilman Ervin requested that as Councilman Merrick is out of the
City an alternate should be appointed if Councilman Merrick does not
return in time for the meeting.
Mayor McCoy appointed Councilman Holland as an alternate to the
Committee.
4 5-
ITEM ii-i.4 ITEM #15579
The City Manager presented to Council a study on a proposed rate
increase in the Department of Public Utilities water and sewer
f ees.
Present/Water Proposed/Water
$1 . 0 6 $1 . 26
Present/Sewer Proposed/Sewer
$ 5. 00 $ 6 . 6 6
N E W B U S I N E S S
ITEM II-K.1 ITEM #15580
The City Manager advised Council of a proposed rate increase request
by Continental Telephone of Virginia, and requested Council to permit
him to work with the City Attorney in preparing the n(icessary Resolution
in opposing the proposed rate increase. i
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum,
City Council voted to register its protest of the rate increase of
Continental Telephone Company; and, C & P on any future rate increases.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
4 6 -
A D J 0 U R N M E N T
ITEM II-L ITEM #15581
Upon motion by Councilman Baum, seconded by Councilman Ervin, and by
ACCLAMATION, the meeting adjourned at 4:45 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges Smith, City Clerk. Mayo--- Heri y, W.D.S
City of Virginia Beach,
Virginia
8 September 1980
DMH/MAS