OCTOBER 27, 1980 MINUTES
Cit@ C>f
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR /. HENRY M,COY JR., D.D.S., X.. B...gb
VICE-MAYOR HAROLD HEISCHOBER, A, L.,,.
JOHN A. SAUM. Bi.,A..,., B.-lb
F. REJD ERVIN. A, L-,.
BARBARA At. HENLEY. P..C. @-lb
CLARENCE A. HOLLAND. ALD.. B.y.@ 8 ... b
W. H. KITCHin, lit. vili.,. B-,b B-,b
REBA S. M,CLANAN. P,i-... A-. B.-gb
DONALD W. MERRICK, Ly-b.- $.-,b
MEYERA E. OBERNDORP, At L.,,. 212 CITY HALL. BUILDINC
PATRICK L. STANDING. A, L.,R. MUNICIPAL CEN7ER
VIRGINIA BEAC)I. VIRGINIA 23456
RUTH HODGES SMITH. City Cl.,i (804) 4V-4303
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: 5:30 p.m. October 27, 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 M@or
2. Matters for Discussion by Council
3. Noise Zone Disclosure: Discussion.
4. Proposed Comprehensive Zoning Ordinance
@hange Regarding Withd@aVa-l-of Applications:
Discussion.
5. Proposed Change to the Timberlake Land Use
Plan: Discussion.
6. King's Point Ditch: Discussion.
7. Goodman-SeRar-Hogan and Merrill, Lynch,
Pierce, Fenner and Smith, Inc.: Change
of nonconforming use at the Oceans
Condominium.
8. Request of Raw.ls Association for Simultaneous
Advertising of Use Permit Application for
Automobile Repair or Service Center:
Discussion.
ITEM II FORMAL SESSION: 7:00 p.m.
A. INVOCATION: Father William C. Hoffman
Rector
Saint Bride's Episcopal Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED
STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of
20 October 1980.
E. RESOLUTION
1. Resolution stressing to Congress that The General Revenue
Sharing Program be reauthorized auring the Lame Duck session,
beginning November 12, 1980, so that there will be no delays
in our payments.
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. Ordinance to amend and reordain Section 31-13(a) of the City
Code pertaining to the definition of land disturbing activity
and Section 31-16 pertaining to the security for performance
of land disturbing activities.
2. Bingo Permit:
White Heron Yacht Club Bingo
a. Letter from the City Manager transmits the reconunendation
of officials of the Police Department for denial of the
application.
The operation of bingo games, as described in Section
18.2-340.1 of the State code, is confined to certain types
of organizations. The Yacht Club does not meet these
criteria.
3. Petition of D. Murray Malbon for the closure of a portion of
Jefferson Avenue (Lynnhaven Borough).
a. Letter from the City Manager transmits the request of
officials of the Planning Department for a one (1) week
deferral to allow for further review of the closure and
actions of the Planning commission.
4. Petition of D. Murray Malbon for the closure of a portion of
Wright's Right-of-Way (Lynnhaven Borough).
a. Letter from the City Manager transmits the request of
officials of the Planning Department for a one (1) week
deferral to allow for further review of the closure and
actions of the Planning commission.
5. Request of the City Treasurer, for tax refunas in the amount of
$1,002.04.
6. Resolution, on second reading, to adjust grant allocation sche-
dules in Community Development Grant Applications for the fourth,
fifth and sixth program years.
G. PLANNING ITEMS
1. Application of Doris B. Rosen and Eleanor B. Rashkind for a
change of zoning from B-2 Community-Business District to A-3
Apartment District on a 9.62-acre parcel located at the south-
west corner of Baker Road and Lake Edward Drive (Bayside Borough)..
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
G. PLANNING ITEMS (continued)
2. Application of Martin L. Rosen and Julian Rashkind for a change
of zoning from A-2 Apartment District to A-3 Apartment District
on a 2.774-acre parcel located at the southwest corner of
Baker Road and Lake Edward Drive (Bayside Borough).
a. Letter from the City Manager transmits the reconunendation
of the Planning Commission for denial.
3. Application of John R. Colaprete for a variance to Section 4.4(b)
of the Subdivision Ordinance which requires lot dimensions to
conform to the comprehensive zoning ordinance. He wishes to
subdivide a 20.06-acre parcel into four building sites. The
property is located on both sides of Knotts Island Road, at the
North Carolina border.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission to allow withdrawal.
4. Application of Donna B. Paxson for a variance to Sections 4.4(b)
and 4.4(d) of the Subdivision ordinance which requires lot
dimensions to conform to the Comprehensive Zoning ordinance
and all lots 6reated through subdivision have direct access
to a public street. The applicant wishes to subdivide a
14.1620-acre site, located on the east side of Princess Anne
Road, south of Pungo Ferry Road, into three lots.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for denial.
5. ordinance to amend and reordain Article 5, Section 573 of the
Comprehensive Zoning Ordinance pertaining to the R-8 Residential
District.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
6. ordinance to amend the Master Street and Highway Plan dated
December 16, 1974.
The amendments are related to the proposed interchange at
Great Neck Road and Shore Drive, the right-of-way on Oceana
Boulevard, north of Virginia Beach Boulevard, and the right-of-
way on Shore Drive, east of Seashore State Park and west Of
Atlantic Avenue.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
7. Ordinance vacating and discontinuing a portion of South Lynnhaven
Road at its intersection with Lee Highlands Boulevard, in
Lynnhaven Borough.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission, and the Viewers concur, for
approval.
H. ORDINANCES
1. General
a. Ordinance to transfer five positions and appropriations of
$69,169 from the Department of General Services to the
Pavilion.
H. ORDINANCES (.continued)
2. First Reading
a. Ordinance to accept a grant totaling $123,779 from State
Aid to Public Libraries and to appropriate these funds.
3. City Code Amendments
a. ordinance to amend and reordain Section 29-3(B)(.2.1) of the
Code of the City of Virginia Beach, Virginia, relating to
sewer line fees for two or more residential dwelling units.
b. Ordinance to amend and reordain Section 37-29(b)(2.1) of the
Code of the City of Virginia Beach, Virginia, relating to
water line fees for two or more residential dwelling units.
C. ordinance to add Section 2-115.1 pertaining to the investi-
gation of claims and litigation concerning liability
against the City of Virginia Beach, its appointees and
employees and to repeal Section 2.1-3 of the Code of the City
of Virginia Beach.
d. Ordinance to amend Section 29-1 of the Code of the City of
Virginia Beach relating to sewer connections.
e. ordinance to amend and reordain Section 34-9 and to repeal
Section 34-10 of the Code of the City of Virginia Beach,
Virginia, relating to Certificates of Public Convenience
and Necessity.
I. UNFINISHED BUSINESS
1. Application of Yellow Cab of Norfolk, Inc., trading as Brown
Auto Services, for a Certificate of Public Convenience and
Necessity for operation of seven (7) for-hire cars in the City
of Virginia Beach.
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
27 October 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, 27 October
1980, at Five-Thirty in the evening.
Council Members Present:
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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
ITEM #15769
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing tbe 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. Discussion or consideration of the condition,
acquisition or use of real property for public purposes,
or other disposition of publicly held property. (Acquisition
use or disposition of publicly held property).
3. 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).
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Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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M A T T E R S B Y T H E M A Y 0 R
ITEM #15770
Mayor McCoy advised Council of the proposed Resolution supporting
the City Council of the City of Norfolk in its efforts to locate
an emergency source of water supply during the current crisis.
The City of Norfolk has been granted permission by the United States
Coast Guard to tap into their "raw" water main located in Driver,
Virginia, at no cost to the City.
The City Manager thanked the citizens of Virginia Beach for pulling
together and using only 13 million gallons of water per day, which
is below the requested 15 million gallons of water per day.
Mayor McCoy suggested Council consider a Commission consisting of
the four Tidewater Cities affected by the water shortage to explore
locations for new water sources, discuss the possibility of pooling
resources, etc.
November 5, 1980 is the meeting date of the State Water Study Commission,
and Mayor McCoy advised Council he will be attending the meeting and all
Council Members are welcome to attend.
On November 10, 1980, at 11:00 a.m., the Director of Public Utilities
will meet with Council for a briefing of the above matter.
The City Manager advised Council that the President of the United
States had signed a bill providing funds for Desalting Plants.
M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15771
Councilman Ervin advised City Council that two Ordinances are on
the FORMAL SESSION of Council regarding water and sewer line fees
for two or more residential dwelling units.
Councilman Ervin further advised.he would like the addition of the
following wording:
"Provided, however, that all dwelling units shall be
under single ownership, and shall be served by a single
sewer connection/water tap.,,
4-
M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15772
David M. Grochmal, Assistant to the City Manager for Intergovernmental
Relations, discussed with Council the results of the Noise Disclosure
Survey conducted by the City Manager's office.
It was the consensus of Council that the City continue with the
voluntary survey, but not include this in the Legislative Package
at this time.
ITEM #15773
Discussion on the proposed change in the Comprehensive Zoning Ordinance,
regarding withdrawal of applications, was postponed to a future Council
meeting.
ITEM #15774
Robert J. Scott, Planning Director, advised Council of the requested
changes in the Timberlake Land Use Plan, and advised further it would
be his recommendation that the lots be 5,000 square feet, instead of
4,000 square feet and the recreational area be increased.
ITEM #15775
The City Manager advised Council that forty-eight (48) residents of
Kings Point have agreed to participate in the piping of the Kings
Point Ditch; four (4) will not participate; and, three (3) lots in
the area are neither owned nor occupied.
If all fifty-five (55) residents in tbe area agree to participate in
the piping of the ditch a public hearing will not be required; however,
if all do not agree a public hearing will be necessary, and the
assessment of the property for payment of the $84,000 it will cost the
residents for their share in the piping of the ditch. This amount will
be paid over a period of ten (10) years.
The Kings Point Ditch has been placed in the Capital Improvements
Program, and it was suggested this matter be placed in the 1981-82
Operating Budget.
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ITEM #15776
The City Manager advised Council of the request of Goodman-Seger-Hogan
and Merrill, Lynch, Pierce, Fenner and Smith, Inc., for offices in the
Oceans Condominium. This matter does not have to go before the Planning
Commission; however, it does have@o b@brought before Council for vote.
ITEM #15777
The City Manager advised Council of the request of Attorney Nick Cohen
representing Rawls and Associates, to have his,application for an Auto
Service Center advertised simultaneously with the Planning Commission.
It was the consensus of Council this matter not be expedited.
City Council recessed into the EXECUTIVE SESSION (6:50 p.m.)
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7.20 p.m.
Council Members Present:
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., Donald W.
Merrick, Meyera E. oberndorf, and Patrick L. Standing
Council Members Absent:
None
INVOCATION: Father William C. Hoffman, Rector
Saint Bride's Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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M I N U T E S
ITEM II-D.1 ITEM #15778
Upon motion by Councilman Standing, seconded by Councilwoman Henley,
City Council voted to APPROVE the Minutes of the Regular Meeting of
20 October 1980.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8-
R E.S 0 L U T I 0 N
ITEM II-E.1 ITEM #15779
R E S 0 L U T I 0 N
WHEREAS, tbe Congress of tbe United States is considering
legislation which will extend the General Revenue Sharing Program;
and,
WHEREAS, the program which expired on September 30, 1980,
must be reauthorized during the final session of Congress beginning
November 12, 1980; and,
WHEREAS, S. 2574 and H. R. 7112 call for this reautborization,
and the President has indicated support for the program's continuation;
and,
WHEREAS, the General Revenue Sharing Program has the lowest
administrative costs of any of tbe federal assistance programs, is
distributed on a fair and equitable basis, and provides recipient
jurisdictions with much needed flexibility in delivering locally
determined services and programs; and,
WHEREAS, Virginia Beach has used Revenue Sharing Funds to help
construct over 140 capital projects, many of which could not have been
constructed or would have been delayed without this Program.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City
of Virginia Beach, that we strongly urge the Congress to take up and
pass, and the President to sign legislation, reauthorizing the General
Revenue Sharing Program.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Seventh day of October 1 980.
- 9-
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Couricil voted to uphold the recommendation of the City Manager and
APPROVE the Resolution stressing to Congress that the General Revenue
Sharing Program be reauthorized during the Lame Duck Session, beginning
November 12, 1980, to prevent any delay in payments.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-10-
ITEM II-E.2 ITEM #15780
RESOLUTION SUPPORTING THE CITY COUNCIL OF THE
CITY OF NORFOLK IN THE EFFORTS TO LOCATE AN
EMERGENCY SOURCE OF WATER SUPPLY DURING TliE
CURRENT CRISIS
WHEREAS, on October 13, 1980, Virginia Beach City Council
adopted a Resolution requesting the Governor of the Commonwealth to
declare a State of Emergency on water resources for the City of
Virginia Beach, Virginia; and,
WHEREAS, on October 24, 1980, Governor John N. Dalton
issued Emergency Executive Order Number 46(80) concerning a water
resource emergency in Southeastern Virginia; and,
WHEREAS, substantial supplies of deep groundwater exist
beneath property owned by the City of Norfolk, but located in the
City of Suffolk and the County of Isle of Wight; and,
WHEREAS, the City of Norfolk has proposed to drill four
(4) emergency wells on its property in these jurisdictions; and,
WHEREAS, time is of the essence and construction should begin
immediately.
NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City
Council continues in its support of the Norfolk City Council's desire
to drill emergency wells on its property located within the jurisdictions
of the City of Suffolk and the County of Isle of Wight.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Seventh day of October 1980.
-11-
Upon motion by Councilman Ervin, seconded by Councilman Merrick, City
Council voted to APPROVE the Resolution supporting the City Council of
the City-of Norfolk in its efforts to locate an emergency source of
water supply during the current crisis.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 2-
C 0 N S E N T A G E N D A
ITEM II-F ITEM #15781
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVE the items listed as the CONSENT AGENDA
by ONE MOTION.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 3-
ITEM II-F.1 ITEM #15782
Requested by: Department of Public Works
AN ORDINANCE TO AMEND AND REORDAIN SECTION
31-13(a) OF THE CITY CODE PERTAINING TO THE
DEFINITION OF LAND DISTURBING ACTIVITY AND
SECTION 31-16 PERTAINING TO THE SECURITY FOR
PERFORMANCE OF LAND DISTURBING ACTIVITIES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 31-13(a) and 31-16 of the Code of the City of
Virginia Beach, Virginia, are hereby amended and reordained as follows:
Section 31-13. Definitions.
As used in this Article, unless context clearly indicates
otherwise:
(a) "Land disturbing activity" shall mean any land change
which may result in soil erosion from water or wind and the
movement of sediments into waters or onto lands in the City,
including, but not limited to, clearing, grading, excavating,
transporting and filling of land, other than Federal lands,
except that the term shall not include:
(1) Such minor land disturbing activities as home
gardens and individual bome landscaping, repairs
and maintenance work;
(2) Individual service connections; construction,
installation or maintenance of electric and
telephone utility lines; installation,
maintenance, or repair of any underground
public utility lines when such activity occurs
on an existing hard surfaced road, street or side-
walk provided such land disturbing activity is
-1 4-
confined to the area of tbe road, street, or
sidewalk which is bard surfaced;
(3) Septic tank lines or drainage fields unless
included in an overall plan for land disturbing
activity relating to construction of the building
to be served by the septic tank system;
(4) Surface or deep mining; (See Section 31-1 of
City Code); exploration or drilling for oil or
gas including the well site, roads and off-site
disposal areas;
(5) Tilling, planting, or barvesting of agricultural,
horticultural, or forest crops;
(6) Construction, repair or rebuilding of the tracks,
rigbt-of-way, bridges, communication facilities
and other related structures and facilities of a
railroad company;
(7) Preparation for single-family residences separately
built unless in conjunction with multiple con-
struction in subdivision development except when this
activity takes place in any floodplain area as
defined in the Comprehensive Zoning Ordinance;
(8) Disturbed land areas for commercial or noncommercial
uses of less than ten thousand (10,000) square feet
in size; except when tbis activity takes place in
any floodplain area as defined in the Comprehensive
Zoning Ordinance;
(9) Installation of fence and sign posts or telephone and
electric poles and other kinds of posts or poles;
(10) Shore erosion control projects on total waters
recommended by the Soil and Water Conservation
-1 5-
Districts in which the projects are located
or approved by the Marine Resources Commission;
(11) Emergency work to protect life, limb or property,
and emergency repairs; provided that if the land
disturbing activity would have required an approved
Erosion and Sediment Control and Tree Protection Plan,
if the activity were not an emergency, then the land
area disturbed shall be shaped and stablized in
accordance with the requirements of the City
Engineer.
Section 31-16. Approved plan required for issuance of grading, building,
or other permits; security for performance.
Upon the effective date of
this Ordinance, no
permits for grading, building, or other permits for activities involving
land disturbing activities may be issued unless the applicant therefor
submits with his application the approved Erosion and Sediment Control
and Tree Protection Plan or certification of such approved plan from
the City Engineer, as well as certification that such plan will be
followed. Prior to the issuance of any permit, the City Engineer will
also require from any applicant a reasonable Performance Bond, Cash
Escrow, Letter of Credit, or other legal surety, or any combination
tbereof as-may-be acceptable to the City Attorney to ensure that
emergeney measures could be taken by the City at the applicant's expense
should he fail, after proper notice, within the time specified to initiate
-1 6-
or maintiiin appropriate conservation action which may be required of
him by such approved plan as a result of his land disturbing activity.
Within sixty (60) days of the completion of the land disturbing activity,
such Bond, Cash Escrow, Letter of Credit or other legal surety or the
unexpended or unobligated portion thereof, shall be refunded to the
applicant or terminated, as the case may be. These requirements are
in addition to all other provisions of law relating to the issuance
of such permits and are not intended to otherwise affect tbe require-
ments for such permits.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Seventh day of October, 1980
(Note) See Sections 21-89,3 and 21-89.7, Code of Virginia, for
authority.
1 7-
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend and reordain Section 31-13(a) of
the Code of the City of Virginia Beach pertaining to the definition
of land disturbing activity and Section 31-16 pertaining to the
security for performance of land disturbing activities.
Voting: 11-0
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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 8-
ITEM II-F.2 ITEM #15783
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and DENY the Bingo Permit request for the White Heron Yacht Club.
Voting: 11-0
Council 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,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/27/ 80
1 9-
ITEM II-F.3 ITEM #15784
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and DEFER FOR ONE WEEK the petition of D. Murray Malbon for the
closure of a portion of Jefferson Avenue, in the Lynnhaven Borough.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. @Clanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2 80
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ITEM II-F.4 ITEM #15785
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and DEFER FOR ONE WEEK the petition of D. Murray Malbon for the
closure of a portion of Wright's Right-of-Way, in the Lynnhaven
Borough.
Voting: 11-0
Council Members Voting Aye: (for deferral)
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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 21 -
ITEM II-F.5 ITEM #15786
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the request of the City Treasurer for tax refunds in the
amount of $1,002.04.
Voting: 11-0
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., Donald W.
Merrick, @yera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10 2 7 /80
NO. C.A. 7 - 2 2 - 10/20/80 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION PF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera. Date Penalty Int. Total
Year of Tax Number tion No. Paid
hinnick, Virginia Prince 77 RE 5664@-8 (6mo) 6/3/77 38.83
hinnick, Virginia Prince 78 RE 58260-0 (1/2) 11/25/77 38.38
hinnick, Virginia Prince 78 RE 58250-0 (2/2) 6/1/78 38.38
hinnick, Virqinia Prince 79 RE 61251-4 (1/2) 12/5/78 35.22
hinnick, Vi@inia Prince 79 RE 612rl-4 (2/2) 6/5/79 35.22
hinnick, Virginia Prince 80 RE 57587-4 (112) 12/5/79 33.41
Total 219.44
This ordinance shall be effective from date of adopt'ion.
.The above abatement(s@ totaling y
- were approved by
the Council of the City of Virginia
Beach on the-day of re@!;drer
Approved as t
Ruth Hodges Smith
City Clerk
@J Da
2 3-
AN ORDINANCE AUTHORIZING LICENSE REFli@DS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF'THE REVENUE
BE-TT 6RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
LICENbE DATE
NAME YEAR PAID BASE PENALTY INT. TOTAL
Murphy, marita Fair 1980 8/5/80 25.00 25.00
2412 Mohawk Trail
Va. Beach, Va. 23454
See letter attached
Plank, Timothy L. 1979-80 108.18
T/A Millers Plumbing-Heating
7231 Maumee-Western Road
aumee, Ohio 43537
to Payrnent:
Commissionex
Approved as to form:
y
The above abatement(.) t.taling $ 133.18 were approved by the
council of the City of Virginia Reach on the day of
19
t Hodge s S.@t
ity Clr k
2 4 -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE-IT 6RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
LICENSE DATE
NAME YEAR PAID BASE PENALTY INT. TOTAL
Dalora Cleaning Ser. Inc.
3117 Newbridge Rd. 1979-80 31.25
Va. Beach, Va. 23456
Final Audit
Gilmar Rezilty Corp. 1978-80 471.03
745 Cottonwood Court
Va. Beach, Va. 23462
Final Audit
Hall-Evans Studios, Inc. 1979-80 147.14
113 N. Budding Ave.
Va. Beach, Va. 23452.
Final Audit attached
Certified as to Payment:
Commissione of R6 -nue
Approved as to form:
y
The above abatement (s) totaling $ 649.42 -were approved by the
council of the City of Virginia @each on the -day of
19
nuLa moages Smith
City Clerk
OCT 21 LC20
2 5-
ITEM II-F.6 ITEM #15787
RESOLUTION TO ADJUST GRANT ALLOCATION SCHEDULES
IN COMMUNITY DEVELOPMENT GRANT APPLICATIONS FOR
THE FOURTH, FIFTH AND SIXTH PROGRAM YEARS
WHEREAS, the revised engineering estimates for Beechwood
Water, sewer and streets; and Doyletown streets and drainage indicate
that the cost of these projects will exceed the amount of funds
available; and,
WHEREAS, Seatack streets; Newlight streets; Queen City
water, sewer and streets cannot be bid during this Fiscal Year; and,
WHEREAS, there is a need to begin the planning and design
of a Seatack Fire Station, and to implement a Lead Poisoning and
Abatement Program; and,
WHEREAS, the City's contract with HUD is conditioned upon
the expenditure of Four Million Dollars ($4,000,000), in the 1980-81
Fiscal Year; and,
WHEREAS, as required by regulation of the U. S. Department
of Housing and Urban Development governing amendments to the Community
Development Program, on October 15, 1980, the Citizen Advisory Committee
for Housing and Community Development sponsored a Public Hearing
concerning the proposed changes in allocation of the Fourth, Fifth and
Sixth Years funding concerning the purposes set out above; and,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the City Manager is hereby authorized and directed
to provide such information or material to the United States Department
26-
of Housing and Urban Development as necessary to permit the approval
of the following changes in the Fourth, Fifth and Sixth Years Grant
Allocation Schedules:
Original
Fourth Program Year Application Adjustment Revised
Queen City Water $ 100,000 ($ 50 , 000 $ 50 , 00 0
Queen City Sewer 130,000 -0- 130,000
Newsome Farm Sewer 720,900 -0- 720,900
Newsome Farm Water 153,000 -0- 153,000
Gracetown Water 146,500 -0- 146,500
Seatack Streets 495,642 ($268,870) 226,772
Newlight Streets 185,081 ($ 43,081) 142,000
Real Property Acquisition 50,000 -0- 50,000
Rehabilitation 2 50 , 000 -0- 2 50 , 000
Contingencies 4 5,0 00 -0- 4 5, 000
Administration 106,000 -0- 106,000
Atlantic Park Water II -0- 361,951 361,951
TOTAL $2,382,123 $2,382,123
Original
Fiftb Year Program Application Adjustment Revised
George Washington Park 275,000 -0- $ 275,000
Atlantic Park Water 500,000 -0- 500,000
Queen City Sewer 120,000 ($120,000) -0-
Queen City Streets 50,000 -0- 50 O 00
Gracetown Sewer 3 9 3 , 000 -0- 3 9 3, 000
Gracetown Water 153,000 -0- 153,000
Beechwood Sewer 212,000 -0- 212,000
Beechwood Streets 50,000 -0- 50,000
Beechwood Water 15,000 -0- 15,000
Atlantic Park Sewer 50,000 -0- 50,000
Newsome Farm Water 100,000 -0- 100,000
Real Property Acquisition 90,000 -0- 90,000
Relocation 59,000 -0- 59,000
- 2 7-
Rehabilitation 50,000 -0- 50,000
Coxtingencies/Local Option 41,183 -0- 41,183
Administration 201,817 60,000 261,817
Beechwood/Pleasure House Rqoad 200,000 -0- 200,000
Atlantic Park Water II -0- 60,000 60,000
TOTAL $ 2 , 560, 000 $ 2, 560 000
Original
Sixth Program Year Application Adjus.tment Revised
Beechwood Streets $ 416,950 $ 628,195 $1,045,145
Burton Station Study 15,000 -0- 15,000
Doyletown Streets 122,798 467,798
Gracetown Streets 65,000 -0- 65,000
Mill Dam Water and Sewer 40,000 -0- 40,000
Mill Dam Streets 30,000 -0- 30,000
Lake Smith Water and Sewer 30,000 -0- 30,000
Lake Smith Streets 40,000 -0- 40,000
Newlight Streets 5 58 , 786 5 5 8 , 76 8) -0-
Newsome Farm Streets 70, 00 0 -0- 70 , 000
Seatack Streets 323,030 (323,030) -0-
Real Property Acquisition 6 9, 1 0 5 -0- 6 9, 10 5
Rehabilitation 42,000 -0- 42,000
Relocation 100,000 -0- 100,000
Contingency/Local Option 23,000 -0- 23,000
Toxic Lead Detection/Abatement 5,000 5,000
Administration 391,129 -0- 391,129
Beechwood/Pleasure House Road 200,000 -0- 200,000
Seatack Fire Station -0- 30,000 30 000
Code Enforcement Demolition -0- 25,000 25,000
Atlantic Park Water 11 -0- 75,823 75,823
TOTAL $2,764,000 -0- $2,764,000
AND BE IT FURTHER RESOLVED, that the Council of the City of
Virginia Beach gives its assurance that the intent of the Act will be
complied with in full.
- 2 8-
AND BE IT FURTHER RESOLVED, that the U. S. Department of
Housing and Urban Development is respectfully requested to assist
in the prompt approval and funding of tbe subject changes in order
that the public interest of this City may be best protected.
Adopted by the Council of the City of Virginia Beach
Virginia, on the Twenty-Seventh day of October, 1980.
FIRST READING: 20 October 1980
SECOND READING: 27 October 1980
- 2 9-
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVE ON SECOND READING the Resolution to
adjust Grant Allocation Schedules in Community Development Grant
Applications for the Fourth, Fifth and Sixth Program Years.
Voting: 11-0
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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10 2 780
- 30-
P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #15788
Mr. Julian Rashkind appeared in behalf of the applicant.
Councilman Holland made a motion, seconded by Mayor McCoy, to uphold
the recommendation of the Planning Commission and APPROVE the application
of DORIS B. ROSEN AND ELEANOR B. RASHKIND for a Change of Zoning District
Classification, as per the following, subject to the conditions outlined
in the City Manager's letter.
Voting: 5- 6
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Clarence A. Holland, Mayor J. Henry
McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,*
Reba S. McClanan, Donald W. Merrick, and Meyera E. Oberndorf
Council Members Absent:
None
The above motion to approve tbe application of Doris B. Rosen and Eleanor
B. Rasbkind, was lost.
*COUNCILMAN KITCHIN VOICED A VERBAL "NAY".
- 31 -
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the application of DORIS B. ROSEN AND
ELEANOR B. RASHKIND for a Change of Zoning District Classification,
as per the following, subject to the conditions as outlined in the City
Manager's letter; and, to include the following condition:
MODIFIED TO A-2 APARTMENT DISTRICT.
ORDINANCE UPON APPLICATION OF DORIS B. ROSEN Z01080528
AND ELEANOR B. RASHKIND FOR A CHANCE OF ZONING
DISTRICT CTASSIFICATION FROM B-2 COMMUNITY-
BUSINESS DISTRICT TO A-2 APARTMENT DISTRICT
(MODIFIED FROM A-3 APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
ordinance upon application of Doris B. Rosen and Eleanor B. Rashkind
for a Change of Zoning District Classification from B-2 Communtiy-
Business District to A-2 Apartment District (modified from A-3
Apartment District) on certain property located at the Southwest
corner of Baker Road and Lake Edward Drive, running a distance of
600 feet along the South side of Lake Edward Drive, running a
distance of 682.31 feet along the Western property line, running
a distance of 450.46 feet along the Southern property line, running
a distance of 100 feet in a Northerly direction, running a distance
of 180 feet in an Easterly direction and running a distance of
587.21 feet along the West side of Baker Road. Said parcel
contains 9.620 acres. BAYSIDE BOROUGH.
Approval is subject to the following 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 Ordinance.
3. City water and Sewer.
4. Sidewalk is to be installed along Lake Edward Drive.
5. Right-of-way improvements are necessary along Baker Road;
this includes pavement widening, curb and gutter, side-
walk, and drainage facilities.
6. Access to this site is to be limited to Lake Edward Drive.
7. A left-turn lane on Lake Edward Drive is to be provided
in conjunction witb the development of this site.
8. An 18-foot dedication along Baker Road.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Seventh day of October, 1980.
3 2-
Voting 1 1 -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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*VICE MAYOR HEISCHOBER AND COUNCILWOMAN HENLEY VOICED A VERBAL "AYE".
3 3-
ITEM II-G.2 ITEM #15789
Mr. Julian Rashkind appeared in behalf of tbe application.
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and DENY the application of MARTIN L. ROSEN AND JULIAN RASHKIND for a
Change of Zoning District Classification, as per the following:
Ordinance upon application of Martin L. Rosen and Julian Rashkind
for a Change of Zoning District Classification from A-2 Apartmnt
District to A-3 Apartment District on certain property located on
the South side of Lake Edward Drive beginning at a point 600 feet
West of Baker Road, running a distance of 550 feet more or less
along the South side of Lake Edward Drive, running a distance of
600 feet more or less in a Southeasterly direction and running a
distance of 310 feet along the Eastern property line. Said
parcel contains 2.774 acres. BAYSIDE BOROUGH.
Vot ing: 11-0
Council 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,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 34-
ITEM II-G.3 ITEM #15790
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and permit WITHDRAWAL of the application of JOHN R. COLAPRETE for a
variance, as per the following:
Appeals from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision
for John R. Colaprete. Property located at the Southern
extremity of Knotts Island Road. Plats with more detailed
information are available in the Department of Planning.
The applicant requests a variance to Section 4.4(b) of the
Subdivision Ordinance which requires lot dimensions to
conform to the Comprehensive Zoning Ordinance. The applicant
wishes to subdivide a 20.06 acre parcel into four (4)
building sites. The property is located on both sides of
Knotts Island Road, at the North Carolina border.
Voting: 11-0
Council Members Voting Aye: (for withdrawal)
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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 5-
ITEM II-G.4 ITEM #15791
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of DONNA B. PAXSON for a variance,
as per the following:
Appeals from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision
for Donna B. Paxson. Property located on the East side of
Princess Anne Road, 1267 feet South of Pungo Ferry Road.
Plats with iwre detailed information are available in the
Department of Planning.
The applicant requests a variance to Sections 4.4(b) and
4.4(d) of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning Ordinance
and all lots created through subdivision have direct access
to a public street. The applicant wishes to subdivide a
14.162 acre site, located on the East side of Princess Anne
Road, 1,267 feet South of Pungo Ferry Road, into three (3)
lots.
Vot ing: 11-0
Council 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,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 36-
ITEM 11-G. 5 ITEM #15792
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, SECTION 573 OF THE
COMPREHENSIVE ZONING ORDINANCE PERTAINING
TO THE R-8 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 5, Section 573, Minimum Lot Area, Lot Width,
Yard Spacing and Maximum Lot Coverage, of the Comprehensive Zoning
Ordinance is amended and reordained as follows:
(d) Side and rear yards. For single-family dwellings,
semi-detached dwellings and duplexes, the minimum
rear yard shall be ten (10) feet. The minimum side
yard shall be eight (8) feet. Minimum side and rear
yards for uses other than a dwelling shall be fifteen
(15) feet. In the case of a corner lot, the side
yard setback adjacent to a street shall be increased
ten (10) feet for all permitted uses. Notwithstanding
the above, there shall be no required side yard
measured from a side yard lot line on one side of a
single-family dwelling provided that in such a case
the following requirements shall apply:
(1) The required side yard on the opposite side of
the subject dwelling shall be at least ten (10)
f eet .
(2) For tite an adjacent lot, the i-eqti-ir-ed side yard
adjoining the subject lot
line shall be at least ten (10) feet.
(3) The lot line from which there is no side yard
requirements shall be so designated on the
subdivision plat in accordance with Section 4.4(i)
of the Subdivision Ordinance.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Seventh day of October, 1980.
3 7-
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the Ordinance to amend and reordain Article
5, Section 573 of the Comprehensive Zoning Ordinance pertaining to
the R-8 Residential District.
Voting: 10-1
Council Members Voting Aye:
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., Donald W. Merrick, Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 3 8-
ITEM II-G.6 ITEM #15793
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to uphold the recommendation of tbe Planning
Commission and APPROVE the Ordinance to amend the Master Street and
Highway Plan, dated December 16, 1974.
1. Delete the interchange at Great Neck Road and Shore Drive
Feasibility studies conducted by the VDH&T concluded that
due to existing and projected traffic volumes on Shore
Drive and Great Neck Road, an interchange at this location
is not warranted at this time and would not be cost-
effective. The Bayfront Study Area does not appear to be
seriously impacted by existing or projected traffic
volumes. The most important consideration here is the
smootb flow of traffic along Shore Drive and at its
intersections with Great Neck Road and Pleasure House Road.
Both of these roads are slated for improvements in the
near future to improve traffic circulation and to accommodate
projected traffic volumes. The plans for Great Neck Road,
Phase II, prepared by VDH&T do not include an interchange.
2. Delete Oceana Boulevard as a 90-foot right-of-way North of
Virginia Beach Boulevard.
The traffic volumes along this part of Oceana Boulevard are
estimated to be less than 900 vehicle trips per day. If the
area were fully developed, traffic volumes would still not
be significant. This change would help carry out the
recommendations of the Comprehensive Plan by protecting the
neighborhood from commercial intrusion.
3. Reduce Shore Drive, one.block East of Seashore State Park and
West of Atlantic Avenue, fr6m a 160-foot right-of-way to a
120 foot right-of-way.
Traffic along this section of Shore Drive is well below the
present design capacity. Projected ultimate improvements
can be accomplished within the existing 120 foot right-of-way.
Adopted by the Cotmcil of the City of Virginia Beach, Virginia, on
the Twenty-Seventh day of October, 1980
3 9-
Voting: 1 1-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heiscbober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 40 -
ITEM II-G. 7 ITEM #15794
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the Ordinance vacating and discontinuing a
portion of South Lynnhaven Road at its intersection with Lee High-
lands Boulevard, in the Lynnhaven Borough:
Application of Robert W. Waddell for the discontinuance, closure
and abandonment of a portion of South Lynnhaven Road at its
intersection with Lee Highlands Boulevard, running a distance of
75.99 feet along the West side of Lee Highlands Boulevard, running
around a curve a distance of 36.24 feet, running a distance of
78.87 feet along the South side of South Lynnhaven Road, running a
distance of 59.60 feet along the Western property line and running
a distance of 82.21 feet along the Southern property line. Said
parcel contains .221 acre. LYNNHAVEN BOROUGH.
Approval is subject to the following conditions:
1. That portion of the proposed closure which is needed to bring
the right-of-way along South Lynnhaven Road into conformance
with the Master Street and Highway Plan, as well as provide for
a future right-turn lane, is to be retained as City right-of-way.
This area is needed for potential road improvements that may be
warranted once the impacts of the Lynnhaven Mall are realized.
2. The dedication of a drainage easement, as well as both public
and private utility easements, over the entire remaining area
for which the Viewers are recommending closure.
Vot ing 11-0
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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing.
Council Members Voting Nay:
None
Council Members Absent:
None
4 1-
CITY OF VIRGINIA BEACH
TO (ORDINA:NCE OF VACATION
ROBERT W. WADDELL AND GROVER C.
WRIGHT, JR., TRUSTEES OF VIRGINIA
BEACH ORTHOPEDIC ASSOCIATES, INC.
EMPLOYEES PROFIT SHARING PLAN
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF SOUTH LYNNHAVEN ROAD AT ITS
INTERSECTION WITH LEE HIGHLANDS BOULEVARD,
IN LYNNHAVEN BOROUGH, IN THE CITY OF
VIRGINIA BEACH, STATE OF VIRGINIA
WHEREAS, proper notice of the intended applications of
the applicants, Robert W. Waddell and Grover C. Wright, Jr., Trustees
of Virginia Beach orthopedic Associates, Inc., Employees Profit Sharing
Plan, to be presented to the City Council of the City of Virginia Beach,
Virginia, on the day of 1 1980, for the
vacation of the hereinafter described portion of South Lynnhaven Road,
in the City of Virginia Beach, Virginia, was on the day of
1 1980, duly posted at the Court House of the Circuit
Court of the City of Virginia Beach, Virginia, and at two other public
places in the City of Virginia Beach, Virginia, in conformity with the
manner prescribed by Code of Virginia, Section 15.1-364, for the
institution of proceedings for the vacation of a public road; and,
WHEREAS, said application was made to the City Council of the
City of Virginia Beach, Virginia, on the day of
1980, and in conformity with the manner prescribed by Code of Virginia,
Section 15.1-364, for the conduct of such proceedings, the City Council
of the City of Virginia Beach, Virginia, on the day of
1980, whicb was more than ten days after posting notice of the intended
application as aforesaid, appointed C. Oral Lambert, David M. Grochmal,
and Robert J. Scott, as Viewers to view sucb street and report in writing
whether in their opinion, any and if any, what inconvenience would result
from discontinuing the same, and said Viewers have made such report to
the City Council of the City of Virginia Beach, Virginia.
4 2-
WHEREAS, from such report and other evidence, and after notice
to the land proprietors affected thereby, along the road proposed to be
vacated, it is the judgment of the City Council of the City of Virginia
Beach, Virginia, that no inconvenience would result from vacating and
discontinuing the portion of said road, and that the portion of said
road should be vacated and discontinued.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia:
1. That the following portion of South Lynnhaven Road at its
intersection with Lee Highlands Boulevard, in the Borough of Lynnhaven,
in the City of Virginia Beach, Virginia, be and the same hereby is, vacated
and discontinued:
All that portion of South Lynnhaven Road at its intersection with
Lee Highlands Boulevard adjacent to Parcel A as shown on the plat
attached hereto entitled "Preliminary Plat Showing A Portion Of
The Existing Right-Of-Way South Lynnhaven Road Adjacent to Parcel
A, Replat Of Corrected Replat of Lots 61-70, Inclusive, Princess
Anne Plaza, Section 21, To Be Closed And Vacated By the City of
Virginia Beacl4 Virginia, Lynnhaven Borough-Virginia Beach, Virginia,"
dated July 2@ 1980, made by Rouse-Sirene Associates, Ltd., Surveyors-
Engineers, located in the Borough of Lynnhaven, City of Virginia Beach,
Virgini,a.
2. This ordinance shall be in effect from the date of its
adoption.
3. A certified copy of this Ordinance of vacation and the
hereinabove described plat shall be recorded as deeds are recorded, and
indexed in the name of the City of Virginia Beach, Virginia, as grantor,
and in the name of Robert W. Waddell and Grover C. Wright, Jr., Trustees
of Virginia Beach Orthopedic Associates, Inc., Employees Profit Sharing
Plan, as grantee, in the Clerk's Office of the Circuit Court of the City
of Virginia Beacb, Virginia, at the expense of the applicants.
-4 3-
dertified to be a true and exact copy of an Ordinance adopted
by the City Council of the City of Virginia Beach, Virginia, at its
regular meeting held on the Twenty-Seventh day of October 1980.
TESTE: RUTH HODGES SMITH, CITY CLERK
4 4-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Robert W. Waddell and Grover C. Wright, Jr.,
Trustees of Virginia Beach Orthopedic Associates, Inc., Employees
Profit Sharing Plan, have given due and proper notice in accord with
law that they would, on the day of -1 1980,
apply to the City Council of the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the below-described portion of South
Lynnhaven Road at its intersection with Lee Highlands Boulevard, in
Lynnhaven Borough, in the City of Virginia Beach, Virginia, and to report
in writing to this Council whether, in the opinion of said Viewers any,
and if any, wbat inconvenience would result from the discontinuance,
closure and abandonment of said portion of South Lynnhaven Road and
whereas such application has been properly filed with this Council and
whereas all requirements of law have been met.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia, that C. Oral Lambert, David M. Grochmal, and
Robert J. Scott, be, and each of them is hereby appointed to view that
portion of South Lynnhaven Road at its intersection with Lee Highlands
Boulevard adjacent to Parcel A as shown on that certain plat entitled
"Preliminary Plat Showing A Portion Of The Existing Right-Of-Way South
Lynnhaven Road Adjacent To Parcel A, Replat of Corrected Plat of Lots
61-70, lnclusive, Princess Anne Plaza, Section 21, To Be Closed And
Vacated By The City Of Virginia Beach, Virginia, Lynnhaven Borough-Virginia
Beach, Virginia", dated July 28, 1980, made by Rouse-Sirene Associates,
Ltd., Surveyors-Engineers, Virginia Beach, Virginia.
1(1/ 2 7/ 80
-4 5-
0 R D I N A N C E S
ITEM II-H.l.a ITEM #15795
AN ORDINANCE TO TRANSFER FIVE
POSITIONS AND APPROPRIATIONS
OF $69,169 FROM THE DEPARTMENT
OF GENERAL SERVICES TO THE PAVILION
WHEREAS, all custodial and security services for the
Pavilion should be under the supervision of the Pavilion Management;
and,
WHEREAS, the following transfer from the General Services
Department to the Pavilion will provide this direct,control over these
services:
2 Custodial Worker I positions $13,280
including fringe benefits
3 Custodial Worker II positions 21,839
including fringe benefits
Security Guard Contract 27,469
(balance of contract)
Housekeeping and Janitorial 6,000
Suppl ies
Uniform Rental 421
Uniforms and Wearing Apparel 160
TOTAL $69,169
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the above positions and appropriations of $69,169 be
transferred from the Department of General Services to the Pavilion
Budget for the purpose of providing all custodial and security
services under the supervision of the Pavilion Management.
ADOPTED by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Seventh day of October 1980.
46-
Upon mot ion by Councilman Merrick, seconded by Councilman Standingi
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to transfer five (5) positions and
appropriations of $69,169 from the Department of General Services to
the Pavilion.
Voting: 11-0
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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 4 7-
ITEM II-H.2.a ITEM #15796
AN ORDINANCE TO ACCEPT A GRANT
TOTALING $123,779 FROM STATE AID
TO PUBLIC LIBRARIES AND TO
APPROPRIATE THESE FUNDS
WHEREAS, City Council is interested in enhancing the quality
of service provided by our Public Libraries; and,
WHEREAS, a Grant of $123, 779 from State Aid to Public Libraries
is available for this purpose; and,
WHEREAS, no local funds are required.
NOW, THEREFORE, BE IT ORDAINED BY THE Council of the City
of Virginia Beach that funds of $123, 779 from State Aid to Public
Libraries be accepted and appropriated in the Department of Public
Libraries for the Fiscal Year 1981 Operating Budget as follows:
Books and Subscriptions $100,644
Ttdvel and Training 1,950
Capital Outlay 5,259
Office Supplies 274
Other Professional Services 15,652
Total Appropriation $123,779
BE IT FURTHER ORDAINED that estimated revenues from the
Commonwealth of Virginia be increased by $123,779 to finance the
appropriation.
Tbis Ordinance shall be effective from date of adoption.
ADOPTED by the Council of the City of Virginia Beach, Virginia,
on the day of 1980.
FIRST READING: 27 October 1980
SECOND READING:
- 4 8-
lJpon motion by Councilman Standing, seconded by Councilwoman oberndorf,
City Council voted to uphold the recommendation of the City Manager an,d
APPROVE ON-FIRST READING the ordinance to accept a Grant totaling
$123,779 from State Aid to Public Libraries and to appropriate these
funds.
Voting: 11-0
Council Members Voting Aye:
Jobn 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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
4 9-
ITEM II-R.3.a/b ITEM #15797
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
DEFER FOR TWO (2) WEEKS the Ordinances to amend and reordain Section
29-3(B)(2.1) and Section 37-29(b)(2.1) of the Code of the City of Virginia
Beach relating to water and sewer line fees for two or more residential
dwelling units.
Councilman Ervin requested the following wording be added to the proposed
Ordinances:
"Provided, however, all dwelling units shall be under single
ownership, and shall be served by a single sewer connection/
water tap."
Voting: 11-0
Council Members Voting Aye: (for deferral)
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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 50 -
ITEM II-H.3.c ITEM #15798
Requested by: Director of Finance/City Attorney
AN ORDINANCE TO ADD SECTION 2-115.1
PERTAINING TO THE INVESTIGATION OF
CLAIMS AND LITIGATION CONCERNING
LIABILITY AGALNST THE CITY OF VIRGINIA
BEACH, ITS APPOINTEES AND EMPLOYEES:
AND, TO REPEAL SECTION 2.1-3 OF THE
CODE OF THE CITY OF VIRGINIA BEACH.
BE IT ORDAINED BY THE COUNCIL OF THE CIT-I OF VIRGINIA BEACH,
VIRGINIA:
That Section 2-115.1 of tbe Code of the City of Virginia Beach
is hereby added as follows:
Section 2-115.1 Investigation and settlement of claims and
litigation concerning liability against City,
its appointees and employees.
The Director of Finance shall be responsible for tbe develop-
ment, administration and operation of the City's corporate insurance,
self-insurance and risk management programs.
The Director of Finance is authorized to investigate claims;
settle and adjust claims against the City with the approval of the City
Attorney. Any such settlements shall be taken from the self-insurance
fund and otber amounts as provided by City Council.
The City Attorney is authorized to settle litigation against
the City, its governing body, or any member thereof, its appointees and
employees when such proceeding is initiated against it or them by
virtue of any actions in furtherance of their official duties. Any
settlement, cost or expense of such proceeding or judgment awarded
against the City, its governing body, or any member thereof, its
appointees or employees shall be taken from the self-insurance fund
and other amounts as provided by City Council.
That Section 2-1.3 is hereby repealed.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twentv-Seventh day of October I 1 9 80.
- 51 -
Upon mot:@Lon by Councilman Standing, seconded by Councilwoman Oberndorf ,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance to add Section 2-115.1 pertaining to the investigation
of claims and litigation concerning liefbility against the City of V@rginia
Beach, its appointees and employees and to REPEAL Section 2.1-3 of the
Code of the City of Virginia Beach.
Voting: 11-0
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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 2-
ITEM II-H.3.d ITEM #15799
AN ORDINANCE TO AMEND SECTION 29-1
OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO SEWER CONNECTIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 29-1 of the Code of the City of Virginia
Beach, Virginia, is hereby amended to read as follows:
Section 29-1. Required.
The owner of any dwelling or other building in which human
beings live or congregate shall, whenever a public sewer system shall
hereafter be made available by the City, connect such dwelling or
building with such public sewer line within one year after such line
becomes available. For the purposes of this Chapter, "public sewer
system" shall be defined as any appurtenance of that integrated regional
system of sewer collection, transmission or treatment, whether located
within or without the boundaries of the City, which has been, or is
intended to be, installed, operated or maintained by the City; or
in the installation, operation or maintenance of which the City has,
is or intends to participate financially. Date of availability shall
be that on which notice is given by publication or by mailing or
delivering notice to the affected property. However, the Director
of Public Health may require connection within sixty (60) days if,
in his opinion, a health hazard exists.
If, at the time of enactment of this Section, public sewer
service is presently available to any property as defined above, then
the owner shall effect a connection thereto either within three (3)
years of the date sewer service became available or within one (1)
year of the effective date of this Section, whichever shall be the
earlier. However, the Director of Public Health may require connection
within sixty (60) days if, in his opinion, a health bazard exists.
53-
It shall be unlawful for any person to empty any sewage
or industrial waste into any well, septic tank, open stream or
waterway, upon any other land or water, or into any noncertificated
sewer service, at any time after connection to the public sewer
system as required by this Section.
It shall be unlawful for any person to occupy, lease or
rent any premises in violation of this Section. Each day of occupancy
or use of any premises in violation of this Section shall constitute
a separate and distinct offense.
Connection and installation fees shall be due from the
date connettion is required, as-set forth hereinabove. No connection
shall be made to the City system until such fees bave been paid.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Seventh day of October, 1980.
- 54-
Upon motion by Vice Mayor Heischober, seconded by Councilman Baum,
City Cotfncil voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend Section 29-1 of the Code of the
City of Virginia Beach relating to sewer connections.
Vot ing: 11-0
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., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 5-
ITEM II-H.3.e ITEM #15800
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 34-9 AND TO REPEAL SECTION
34-10 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, RELATING
TO CERTIFICATES OF PUBLIC CONVENIENCE
AND NECESSITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 34-9 of the Code of the City of Virginia Beach,
Virginia, is amended and reordain.ed to read as follows:
Section 34-9. Issuance generally.
The City Council shall, upon the filing of an application,
as provided in Sections 34-8 and 34-8.1, consider the application in
question. If the Council deems that public convenience and necessity
require, and will be served by, the operation of the vehicle proposed
to be operated, the issuance of the requisite certificate of public
convenience and necessity shall be directed by the Council for a
specified period and/or place, not to exceed one year, or until
revoked by the City Council and shall be issued by the Chief of
Police upon such airection.
That Section 34-10 of the Code of the City of Virginia
Beach, Virginia, is hereby repealed.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Seventh day of October 1980
56-
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance to amend and reordain Section 34-9 and to REPEAL
Section 34-10 of the Code of the City of Virginia Beach, Virginia,
relating to Certificates of Public Convenience and Necessity.
Voting: 7- 4
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Heischober, Clarence A.
Holland, Reba S. McClanan, Donald W. Merrick, and Patrick L.
Standing
Council Members Voting Nay:
Barbara M. Henley, W. H. Kitchin, III, Mayor J. Henry McCoy,
Jr., and Meyera E. Oberndorf
Council Members Absent:
None
5 7-
ITEM II-I.1 ITEM #15801
Attorney Robert L. Simpson, Jr., representing Yellow Cab of Norfolk,
Inc . , trading as Brown Auto Service .
Attorney Nick Cohen, representing several taxi companies, appeared
in opposition.
Mr. Herbert Dise, owner of Diamond and Yellow Cab, appeared in
opposition.
Upon motion by Councilman Baum, seconded by Councilman Kitchin,
City Council voted to DEFER UNTIL AFTER NOVEMBER 17, 1980, the
request of Yellow Cab of Norfolk, Inc., trading as Brown Auto
Services, for a Certificate of Public Convenience and Necessity
for the operation of seven (7) for-hire limousines in the City
of Virginia Beach.
Vot ing : 7- 4
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nays:
Vice Mayor Harold Heiscbober, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., and Donald W. Merrick
Council Members Absent:
None
- 58-
ITEM II-I.2 ITEM #15802
Councilman Ervin asked if the residents who signed up for water and
sewer in 1972 - 1973, under the old rate existing at that time, will
they still receive the old rate for water and sewer hook up?
The City Manager advised Council if the residents pay tbe fee the City
will honor the old rate for hook ups.
ITEM II-I.3 ITEM #15803
Councilman Ervin made reference to a letter by Mr. Childress to property
owners in the North End of Virginia Beach advising all property owners of
interior lots on the Oceanfront do not have to connect to water and sewer
as tbey had no "easement in the street".
The City Manager advised Council he would discuss the matter with the
Director of Public Utilities.
ITEM II-I.4 ITEM #15804
Mr. Charles Emmerson, appearing in behalf of Keath Marx, President
of the Salem Village Civic League, advised Council of the civic
league's concern over the water shortage and requested Council
begin immediately to make Virginia Beach the supplier of some of
its own water, and as rapidly as possible become self-sufficient
so the City will use Norfolk only as a standby reserve rather than
a primary supplier.
A petition was presented to Council which will be made a part of
these proceedings.
A D J 0 U R N M E N T
ITEM II-K.1 ITEM #15805
Upon motion by Councilman Standing, seconded by Councilman Baum, and
by UNANIMOUS VOTE, the meeting adjourned at 8:48 p.m.
5 9-
Diane M. Hickman, Deputy City Clerk
7
R,Yth HodgesSmith, City Clerk Mayo He@ry COY, D.D.S
City of Virginia Beach,
Virginia
27 October 1980
dmh/asb