FEBRUARY 25, 1980 MINUTES
CITY OF VIRGINII BEICI MUNICIPAL CENTER
"IlVa,dd'i -ta%g"f @-sott C'ity" VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., B.y.id, B.,..gb
VICE MAYOR j. HENRY M,COY JR@, D.D.S., K@.P,,ill@ B.,..gb DONALD W. MERRICK, Ly-h..- B.,..gb
JOHN A. BAUM, B.,..gb MEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, A, L.,g@ J. CURTIS PAYNE, A@.@ B.,..gh
GEORGE R. FERRELL, A@ L.,g@ ROGER L. RIGGS, Vigi@i. B@.,h B.,..gb
BARBARA M. HENLEY, P.@g. B.@.gh RUTH HODGES SMITH, Ci,y Cl@,k
WE HAVE MOVED!
THE CITY CLERK'S OFFICE IS LOCATED:
ROOM 212
ADMINISTRATION BUILDING
COURTHOUSE DRIVE
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: Monday, 25 FEBRUARY 1980 5:30 P.M.
A. CALL TO ORDER - MAYOR PATRICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Virginia Beach Museum of Marine Sciences: Brief update on
indications of public support for this project; specifically,
a pledge of $10,000 by the Back Bay Wildfowl Guild.
2. Sixth-Year Cormunity Development Block Grant Program: Discussion
and update.
3. Tow Truck operations: Discussion of item on Formal agenda
amending Chapter 22 of the City Code relating to tow truck
operations concerning signs and fees for reclaiming a car
before it has been towed.
4. 911 Emergency Telephone System: Discussion and update on
implementation.
5. Budget Hearin,,,s, Tax Assessment Hearings, Etc.: Discussion
of timetables.
ITEM II FORMAL SESSION: MONDAY, 25 FEBRUARY 1980 - 7:00 p.m.
A. INVOCATION - Reverend Leon F. Wardell
Pastor
Calvary Presbyterian Church
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of 11 February 1980
E. RESOLUTIONS
1. Resolution of Appreciation to be presented to Back Bay
Wildfowl Guild.
2. Resolution authorizing transfer of the controlling stock
interest in Cox Cable of Virginia Beach, Inc. to General
Electric company, pursuant to Section 16 of a CATV Ordinance
of the City of Virginia Beach, Virginia.
3. Resolution supporting the City's request to the Virginia
Department of Highways and Transportation to fund a second-
year Demonstration Highway Marking Project, in the amount of
$150,000.
F. PRESENTATION
1. The Chairman of the ConunUnity DeVelopment Citizen's Advisory
Board, Reverend Thourogood, will appear before City Council
regarding recommendations for Sixth Year Projects.
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by one
motion in the forin listed. There will be no separate discus-
sion 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 8-8 of the Code of the
City of Virginia Beach, relating to buildinq and sign permits.
2. Bingo/Raffle permits:
Bingo/Raffle Veterans of Foreign Wars
Post 392
Raffle Virginia Beach Education
Association
Bingo St. Matthew's Catholic Church
Raffle Seahawk Booster Club
3. Request of Mr. John Atkinson, City Treasurer, for tax refunds
in the amount of $517.40.
H. PLANNING ITEMS
1. DEFERRED UNTIL TODAY ON JANUARY 21, 1980
Application of Arthur A. and Conchita A. Dy for a change of
zoning from R-6 Residential District to 0-1 Office District
on a 1.1-acre parcel located on the east side of PrinceSS
Anne Road, south of Providence Road (Kempsville Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Conmission for DENIAL.
H. PLANNING ITEMS (continued)
2. DEFERRED UNTIL TODAY ON JANUARY 21, 1980
Application of C. M. Beasley for a variance to Section
4.4(b) of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning Ordi-
nance. He wishes to subdivide a site located at the north-
east extremity of Linehan Court into two lots.
a. The City Manager's letter transmits the recommendation of
the Planning Commission for DENIAL.
3. An Ordinance to amend and reordain Article 6, of the Compre-
hensive Zoning Ordinance pertaining to duplexes in the A-1
through A-4 Apartment Districts.
AND, An Ordinance to amend and reordain Article 1, Section
105 of the Comprehensive Zoning ordinance pertaining to
nonconforming uses.
a. The City Manager's letter transmits the recommendation
of the Planning Commission for DENIAL of an Ordinance
to amend and reordain Article 6 pertaining to duplexes
in the A-1 through A-4 Apartment Districts, AND APPROVAL
of an ordinance to amend and reordain Article 1, Section
105, of the CZO pertaining to nonconforming uses.
HOWEVER, due to legal problems with the language involved
in these two ordinances, the City Attorney has requested
that these matters be deferred to allow time for further
study,
THEREFORE, the City Manager recommends that City Council
DEFER these Ordinances for three (3) weeks.
4. An ordinance to amend and reordain Article 8, Section 801
of the Comprehensive Zoning Ordinance pertaining to use
regulations for photographic film processing in the 0-1
office District.
a. The City Manager's letter transmits the recommendation of
the Planning Commission for APPROVAL.
5. Application of Benito J. Aquino for a conditional use permit
for photographic film processing on a .88-acre parcel located
on the west side of Edwin Drive, north of Holland Road
(Kempsville Borough).
a. The City Manager's letter transmits the recornmendation of
the Planning Commission for APPROVAL.
It should be noted that approval of this use permit is
contigent upon approval of the preceding amendment to the
CZO.
6. Application of The Catholic Diocese of Richmond, Church of the
Holy Family, for a conditional use permit for a church with
related facilities including education center, fellowship hall,
gymnasium, outdoor recreational areas, and a parish house on a
9.625-acre parcel located at the southwest intersection of North
Great Neck Road and Laurel Cove Drive (Lynnhaven Borough).
a. The City Manager's letter transmits the recommendation of
the Planning Commission for APPROVAL.
7. Application of Lynnhaven Baptist Church for a conditional use
permit for a church and addition on a 1.5-acre parcel located
on the north side of Robert Jackson Drive, east of Gimbert
Drive (Lynnhaven Borough).
a. The City Manager's letter transmits the recommendation of
the Planning Commission for APPROVAL.
S. Applicatibn of Helen L. Foos for a conditional use permit for
dune dis!Eurbing activity on a 2.5-acre parcel located at the
southeast intersection of South Atlantic Avenue and Maryland
Avenue (Lynnhaven Borough).
a. The City Manager's letter transmits the recommendation of
the Planning Commission for DENIAL.
9. Application of W. John Abbitt, Jr., for a conditional use permit
for offices in conjunction with a motel on a 3.21-acre parcel
located at the southeast corner of Diamond Springs Road and
Aragon Drive (.Bayside Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission to allow WITHDRAWAL.
10. Application of Nancy K. Krauss for a conditional use permit
for a home occupation (-dressmaking) on a .24-acre parcel located
at the northeast intersection of Breeds Hill Road and Serapis
Lane (,Bayside Borough).
a. The City Manager's letter transmits the recommendation of
the Planning Commission for APPROVAL.
ii. Application of Thomas A. Wiley, T/A T. A. Wiley, Jeweler, for
a conditional use permit for a home occupation (minor jewelry
repair) on a .24-acre parcel located on the east side of Sanford
Avenue, north of Twohy Lane (Bayside Borough).
a. The City Manager's letter transmits the recormnendation of
the Planning Commission for APPROVAL.
1,2. Application of Frank W. Kellam for a change of zoning from
AG-1 Agricultural District to B-1 Business-Residential District
on a 7.7-acre parcel located on the south side of Princess
Anne Road, west of Glebe Road (Princess Anne Borough).
a. The City Manager's letter transmits the recornmendation of
the Planning Commission for APPROVAL.
13. Application of Linda Mah Ark, Rita Mah Whalen, Anna Ho Mah,
dnd Nancy Eng Mah for a change of zoning from AG-1 Agricultural
District to B-2 Community-Business District on a 10.18-acre
parcel located on the west side of Oceana Boulevard, north of
Dam Neck Road (Princess Anne Borough).
a. The City Manager's letter transmits the recommendation of
the Planning Commission for APPROVAL.
14. Application of Gaston F. and Wilma A- Dough for a change of
zoning from R-8 Residential District to A-1 Apartment District
on a .34-acre parcel located at the northeast intersection of
Virginia Beach Boulevard and Garcia Drive (Lynnhaven Borough).
a. The City Manager's letter transmits the recommendation of
the Planning commission for APPROVAL.
15. Application of Lone Star Industries, Inc., a Delaware Corporation
for a change of zoning from I-1 Light Industrial District to
I-2 Heavy Industrial District on a 9.49-acre parcel located on
the south side of the Norfolk and Southern Railway tracks, east
of Sykes Avenue (Lynnhaven Borough).
a. The City Manager's letter transmits the recommendation of
the Planning Commission for APPROVAL.
16. Application of Cardinal TV and Audio, Inc. for a change of
zoning from A-1 Apartment District to B-2 Community-Business
District on a .21-acre parcel located north of Virginia Beach
Boulevard, west of North Witchduck Road (Bayside Borough).
a. The City Manager's letter transmits the recommendation of
the Planning Commission for APPROVAL.
17. THIS ITEM WAS REFERRED BACK TO THE PLANNING COMMISSION ON
NOVEMBER 26, 1979.
Application of Robert Letchworth for a change of zoning from
R-7 Residential DistriCt to A-2 Apartment District on a
.344-acre parcel located at the northwest intersection of
Winston Salem Avenue and Mediterranean Avenue (Lynnhaven
Borough).
a. The City Manager's letter transmits the recommendation of
the Planning Commission for DENIAL.
ORDINANCES
1. General - None
2. Appropriations
a. Second Readings
1. An Ordinance to accept a grant totaling $592,000 from
the Heritage, Conservation and Recreation Service, U.S.
Department of the Interior, of which $296,000 will be
appropriated.
2. An Ordinance to appropriate additional funding of
$43.602 for right-of-way improvements to Vanderbilt
Avenue in Croatan Beach.
3. An ordinance to increase the General Fund Loan to
Central Stores Internal Service Fund by $13,000.
b. First Readings - None
3. City Code Amendinents
a. An Ordinance to amend Section 2-37 of the Code of the City
of Virginia Beach, Virginia, by adding thereto new sub-
paragraphs (c)(1), (c)(2) and (c)(3), pertaining to
reclassification of positions.
b. An ordinance to amend Chapter 22 of the Code of the City
of Virginia Beach, Virginia, relating to tow truck opera-
tions.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
25 February 1980
The regular meeting of the Honorable Council of the City of Virginia
Beach, Virginia, was called to order by Mayor Patrick L. Standing,
in the Conference Room, in the Administration Building, on Monday,
-15 February 1980, at one o'clock in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Donald
W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing.
Cou,-icil Members Absent:
Vice Mayor J. Henry McCoy, Jr.*
ITEM #14771
Mayor Standing entertained a motion to allow Council to conduct
its It4FOR,@L SESSION and then recess into an EXECUTIVE SESSIOIQ
for:
1. Discussion or consideration of employment,
assio,nment, 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
purpose, or other disposition of publicly held
property. (Acquisition, use or disposition of
publicly held property).
3. Investing of public funds where competition or
bargaining are involved where, if made public
initially, the financial interest of the governing
unit would be adversely affected. (Financial
Matters).
4. Consultation with legal counsel and briefing
by staff meiqbers, consultants, or attorneys
pertaining to actual or potential litigation,
or other legal matters within the jurisdiction
of the public body. (Legal Matters).
2/2 5/80
2-
Upon motion by Councilman Holland, seconded by Councilman Payne, City
Council voted to recess into EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 10-0
Council Meilbers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Donalcl
W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Councii Members Absent:
Vice Mayor J. Henry McCoy, Jr.
*VICE MAYOR MCCOY ENTERED MEETING AT 5:40 p.m.
I 'iq F 0 R M A L S E S S I 0 N
WHEELCHAIR BASKETBALL ITEM #14772
Councilwoman Oberndorf complimented the Mayor's Tournament Wheel-
chair Basketball-held in the Virginia Beach Recreation Center, on
Sunday, 24 February 1980.
STREET IMPROVEMENTS ITEM 414773
Councilman Ervin discussed with Council proposed street improvements
as requested bv Attorney Crover C. Wright, Jr., in the North End of
Virginia Beach.
The City Manager suggested this matter be discussed at lengtli during
the TLNFORMAL BRIEFING SESSION of March 3, 1980
2/25/80
- 3-
RESOLUTION - HIGHWAY COMMISSION ITEM #14774
Vice Mayor McCoy introduced the following Resolution for Council's
consideration.
R E S 0 L U T I 0 N
WHEREAS, officials of the Department of HicThways and
Transportation have notified the City of Virginia Beach that the
construction of the Kempsville Road project will not be .4unded;
and,
WHEREAS, this project is a very important and urgently
needed project; and,
WHEREAS, the existing roadway is a two-lane facility
probably intended to carry a maximum of 6,500 vehicles per day
and is currently carrying almost 14,000 vehicles per day; and,
WHEREAS, we are well into this project, the plans are
virtually complete, and we were notified that the public hearing
was tentatively scheduled for April; and,
@MEREAS, this project was identified by the Highway
Commissioner as late as January 17, 1980, as "priority con-
struction project scheduled that could be implemented;" and,
WrIEREAS, we have also been notified that the Newtown
Road-Haygood Road project has been deferred indefinitely.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Virginia Beach, Virginia, is requesting that this
decision be reconsidered and that these projects be funded
immediately and constructed as originally planned.
This Resolution will be brought forward to the FORMAL SESSION.
ENVIRONMENTAL PROTECTION AGENCY ITEM #14775
Vice Mayor McCoy discussed with Council a proposed Resolution of
Norfolk City Council and Virginia Beach City Council with regards
to the request from the Environmental Protection Agency that the
Norfolk Ford Plant follow EPA standards.
Vice Mayor McCoy and Councilman Ervin are to meet and discuss this
matter further.
2/ 2 5/80
4 -
BASKETBALL ITEM '@14776
Council was reminded of the Basketball Game to be held on Friday,
14 March 1980 between CitN, Council and Friends of James Cole
Memorial Scholarship Fuhd.
VIRGINIA BEACH MUSEUM OF ITEM #14777
14ARINE SCIENCES
The City Manager briefed Council on public support for the Virginia
Beacli Museum bf Marine Sciences, specifically, a pledcre of $10,000
by the Back Bay Wildfowl Guild.
Mr. Mack Rawls appeared regarding this matter.
SIXTH-YEAR COMMUNITY DEVELOP- I:IEM #14778
MENT BLOCK GRANT PROGRAM
Mr. Benjamin C. lloore, Assistant to the City Manager for Community
Development, discussed with Council the Sixth-Year Community
Development Block Grant Program.
This matter will be discussed durinq the FORMAL SESSION of today's
meeting (25 February 1980). Councii action is not required; however,
Council will hear a presentation by Reverend Barnett Thorougood,
Chairman of the Citizens Advisory Committee for Housing and
Community Development.
911 E@RGENCY TELEPHONE SYSTEM ITEM #14779
The City Manager discussed with Council the 911 Emergency Telephone
System, which will be in effect 3 @larch 1980.
TOW TRUCK ORDINANCE ITEM #14780
The City Manager discussed the Tow Truck Ordinance and tlle requested
amendment to Chapter 22 of the City Code related to tow truck
operations with regards to signs and fees for reclaiming a vehicle
before it has been towed.
This matter will be heard in the FORMAL SESSION of today's meeting.
(25 February 1980).
BUDGET PRESENTATION AiqD ADOPTION ITEM #14781
The City Manager discussed with Council the proposed schedule for
Budget presentation and adoption, and presented to Council certain
sections from the State Code of Virginia regarding this matter.
(Exhibit "A").
2/ 25/80
(5) (EXHIBIT -A-)
PROPOSED SCHEDULE
FOR
BUDGET PRESENTATION AND ADOPTION
Item 1. Presentation of budget to Council March 31
Item 2. Notice of public hearing on budget
and assessments (Ledger Star only) March 31
Item 3. Notice of public hearing on budget
and assessments (Virginian Pilot,
Virginia Beach Sun and Beacon) April I
Item 4. Notice of Public hearing on assessments
(Virginian Pilot and Ledger Star-Second
Time) April 5
Item 5. Public hearing on budget April 30
Item 6. Public hearing on assessments May 5
Item 7. First reading of budget May 5
Item 8. Second reading of budget May 12
6-
58-784.3
SS 58-784.4 197q GUINTUL.,%,.i UPI'I,F'@IENT SS 58-785.1
liltv to ii.@e tl)e arinu@ti TI@c 197G (,ff,ctiN,c i.n. 1, 1977,
1). p. (30@l; inlerted "or city" i,, t),, fi,.,t se,,t,@cc,,.d added
i9, cc. Z-)74, the second sentcnce.
577.)
ents. n,c fi@t 1979 58-784.4: RCI)ealed by Acts in,76, c. 717.
last scz@tq.ce of t@,e fi,st
Effe@i,e dat,- - The re@al is effecti@
e Jan.
as 1, 1977.
:)t
SS 59-784.5. Gener-,ii rea.@,.@ssnient e@,er), fotir Years'liot i-equired iii certain
couiities. -Tiic bodv of Itiv cotitity @v-hich @@l)lislied ,t 'ICf).Il-tnictit
of rc,,,i) estite ,iss@stiioiits -,in(] @rovidc@d for aniitial
iclit @t,,id
reassessmeiit tiid eclualiz,,itioii of asses,,rnerits of reii estite .6 provided in
SS 15.1-686 sliiii riot be reqtzired t(i und6itake Veneril reasseqsnients of rcal
.er estat(, everv fo@ir years as otlierni,ise provided in tliis article. (1973, c. l@52;
city 1976. c. 717.)
Tax
,tn The 1976 -mer,dme.t. effective J@in. 1, 1977,
d
required iitider tliis substituted "fo.r y@irs" for "Six yeam" near
hall coiicitict ,t nenv, the end of the seclion.
a,, coiiil)lete stich
tfl, sarne st.,ir)dards
cc. 711, 717.) 58-785.1. Ef@fect on ratc A,hen assessnierit res!ilts, iii tax increase; ptiblic
h-@!,t-ings. - A. i\lotiN,ith@t.,iiidir@,@ anv otl,,er provisic@i,, of I @viiet-C @ii) Ilillual
assessiiiet)t or f,,enerpl of re@il i)roT)ert\@ bv @ cotint3,, c;
ty, or to,,vil
.711 )@as, @,t the end of restilts iii an inci-@i.,e of ,it le,,ist oii- per ceniuni- ii) fhe@t(i@al an@ount of tlie r@it
tl,is ,hil@ c@ estate t,,ix collecte(l, siieli couiitnr cit),, or ton@@ii sli@ill rc,,d.:ce its rate ,o I)roluce
58-778." Ti,e ,@tiou is th@ii) 101 I)er centl , I
pear@ in the first 19-,6 act. no rnore tti) of tlie 1)re@,ioiis vear',, rcal ostal@ tax levy unless
sub."ctioii B of this scction is coilil)lied with. An ad(l;tioti,-ii assessiiieilt or
reassessmeiit dtic to tl)e constructi(;Il of new or oilier iiiiproveiiieiits to the
property sh,,ill not be -,in anntial assessn)ei)t or goner,,il reLs.@ssmeiit %vitliin tile
!neaniiig of tliis section, iior sliall tlie amc)unt of tix L@pri%,ed from sucli
improvenienL,; be incitided in cilculatiiig tlie ne%v Ltx levv for 1)urj)oses of this
sectioii.
B. Tlie goveriiiii.Z body of a count@,, citv, or town after conductig a
public heiring, \%,Iiicii liciiriiig nia.), be hel(I "It Llic saiiie iiiiie Izid p!@ice Ls tile
anniiil bti(],-et lieii-iti,7, iiici-ease the ritc- ,tbove the red@iced i-ate re(Iii:lred in
subsectioii A above if an3r sucli iiierease is deemed to be z)ecessir3, bv ,;tich
go@,el@niii- I)od3-.
Notice of t @i@ivpn iiot less tli,@n tliirt\, dLi@,@; bellir(-, th,,
a@t 0 -.511cli- I t J@T I e T-)e-r-ot,
(.1rl@C C@ll @@cit N- -t I a st oil at I St t@vo
cot)sectiti\,e N tice @liail ai)i) T"Irt.
u@ll @-oilce E I oic-ci@,htii 1)a,@e iii size or
at-abloi(i si@ze iieivsp:t,,)er, ini tile lioadtine in tlie ,itivertiseiiieiit shill bc 'n ,i TVI)L
no siiialler tiian 18-1)oiiit. Tlie notice sh;ill not bc, pl@iced ill tll',It T)orli.n, if ',I@ilv,
of tlic reser@,ed for l@,11 liotic @,iiid
Tlie
av noti@e @hall I)e in tlie foilo\%,iti@, forin cotiutin tlie folioN%,iii,@ inforniitioll, in
il@ addition to siic)i otlier ixiforiiiatioii @ts tlie local goveriiiiig bodv niay elect to
a iticlude:
er
ar t re,,iftei-, if ,i NOTICE OF TAX INCREASE
ifig I I)ro@,isions
c. 71 The (it,,triie of tl "@ cotijitn,, citv or toN%@ii) I)r@)I)oses to incr Ise p10 rtv t.,ix levies
by c:llctil:ttc(l b@- tll II @e. '
collt,cz;c)lls ved fr-(,iii tlie
r@ll est@it(, Utx t))' tlie i)l o,ic@Us ),ear's colleclioii.,i derin@e(i froin tlie real es"ate Lix,
227
2/ 25/8(
7-
Cbl)@; Cl@@'IRGINIA SS 58-7@,7
aiid ';Lil)tl@,'ICtiiig otic Iiiiiidre(i 1)(-,rcerit. Iii(livi(!Ii@l t,,ixes inay to be i));@
lio%ve.@er increase tt a perceiit,,ige greLter tli@,,ii or less tlj;Lii tlie above
perccii,,,l P.
go
A.@tiblic lieariiig oii tlie increitse will be field on (date @iiid tinie) at (meeting The 15-,i
plac
sentence.
All licarings sli,,ill be o en to tlie 1)ublic. Tlie governing bo(iv ,;Iial Tlie l@71,,
p I pern)it
persons desiriiii,, to ])c ficard ,iii ol)l)orttinity to oral t@stilnc)ny %@!itllill rlwmons,
sucli i,ea,,oiiable. tiliie ]iiiiits as sliall Lie deteriiiiii(-(l bv the oN-erii@ shall b,
iig body.
C. Tlie provi,,ions of tliis ,;ection not be al)t,lic,,il)le to the a@.sc@ssneiit of
pul)li@c service coi-I)or'lLiori T)rof)crtN, b@, the Stite Corporition Coiiiii)issioil.
D SS 58.7@
. NotNvithsLtii(iiii,@ oth6r of genct-al oi- sl)eciil ti)--, tax rate for @stitiit.
taxes due on or bcfore the thirti(-,t!i clav of Juiie o@@ e.,Lcii year, ni:in, be fixed oii aruticle v,
or before the fifteciith day of April of that tax ycar. (1975, c. 622; 1979, c. 173.)
be ;elec@.,
an.@,
Effecti,edate.-Thisscctioniseffecti@eJan. sentence, added the seo.d se@,tCnce,
appoititc.,-
1, 1976. substit.ted t@e tliird setitenct- for the folme, dutics (!e.%.
The 1979 amendm@.t, in subwction A, seco@d sent@,.", ,hich read "SL@ch notice sl@all him ino,
substiL,,te(I "one per fo, "Ci'l,t ner state ihe d;,te, ti@,e a,id pliec o@ the hearing."
apl)c)lfltl,@,
ccnti,in" ind "101 i,er c@,:@t.m" for "109 pe@ and adde,l ti,e fc,.,ti@ a,,d fifl), sedten@s. 'Ihe here"o',Jt,
centuin" in the first sente@.ce, and added ".or amei,dc@t;,Iso added tl,c roi@ of L%x ii,crease
shall tlie niount of tix Oeri,-,d frotn such fom in sib.,cctio@i B, and id,led s@absection D. Tax Codc,
improvem@nls be inciiided in cilculiting tlic ne@ L.@ For survey of Virf',inia la,, on
tax le%-y fo, plirposes of tl,i., @ction" at the e@d @,@tion for tl,e vear 1974-197,, see 61 Va. L. The 19791
of tl,c seco@d s,ntence. 1. ti,, sccond p@i,,;!,i,l)h Rev. 1849 Of rlssesll@.
of subsectio@i B, the ame@di,ient inserled "at begin;)ing cf
least once a week" near LI,@ end of the first
SS 58-78G. By whom reassessmejit n,ade in citics. - Everv s,,.tch general
rea,;.@c,,siiient of re,,ii estate in a city sliall be iii@ille I,%, (@t) a prof@sioi,al assesso@ I)r,,ic
appoiiit@d by tlie goN,et-iiin@, bociv. certified as qu@llifi,-@fl by tiie D(, ).,irtinent 01
Taxatioii; or (b) a I)o2.rd of ass(,,ssors of iiot less tll,ii) tliree nor inoi-e ttian f@ive
his oi-
freeliolders N@-ithin ttie citn,, desigiiated for tll',It J)url,ose by the cire,iit court of f@.ir ii
the cit3, or b3l a ju@,lge tlier@of in v@icitioii. Ill tlie t@iat i)o boird c!f asse 169, 1.1, i
ssors
is al)pointed Lnder subsection (b), ti)e. go%-eriiiiig bo(iv sh,,ill reqiies' the circuit 547; 197c,,
cotirt to oiiit a bo.,ird of equttliz,,itioii iinder ell@,.T)Lcr 19 et seq.) of
tliis title.a?"Panv C,ise, ttie @issessors sli@ill be desif,,iia'teci oii or ai@ter t@c first clav
Th,, 1975
of Jklly ill tlje )@car iiiinediitelv 1)recediiil- lie )e@tr iii Nviiieli @'lie
ite is re@ l@1:32
, P.
reassessiiient of re,,i] est, qllirc-,d to be iiiacie. (IIJ30, p.
1934, p. 25; 1936, p. 55; 19-14, p. 1 14; 19 16, p. 605; 'I'ax Code, SS @@,12; 1 @7G, c. 6J-G; C-de" at t@e
1979, c. 577.)
i
Tl,e 197(, an,end.c.t re,,,r.te thi, section. the n,iddle of tl,c fir@t s@nt@nce, added tl,e 9 58-79'
The 1979 .... @@.dn,c.t @t,i,t,d ' t,cl, perso,, or second .,,d d@i,t@,i "@), tl,o @"SOII (,r
persoi,s, o, officer or officers, a." f,,Ilo,,ing co.rt, or judge i;i coiri)lc,,te @
shall be made by" near tlie begi,@ni@g of ti,e desig.aled" nea, the begi.,ii@ tlian Dec@-
g of the I.Ist ally cotlrt
1-irst sentence, inserled cia.@es (.,@) and (b) near sente.ce.
required ti
reassessiT,,,
SS 58-787. By whoni iliade iii cotinties. E%,erv sucti general reas.@cssrn@nt inontlis frl
of re,.il estate in a count@@ sli,'Ill be in.'I( i pr6fessionril clioseii ()v
tlie D(-I)@it-tri(,nt of Tax@ition; or
the f,,ON,et-iiiiig body, cei-tified @is qualil@,@,@Vb(l, (6) 'l-ol
a board of is;sessors of iiol less tli:lii t,lir(2e ii or iiiore ti), ii five fi-eetioitici-s Nvitilill c,
the cotizitn,, desigiiated for that i)url)oF@ bv tlie cii-(-'iiit court of LI)e cctiiity, 01' bv
the jil(ile,ill Ill ttle everit ttizit iio'boar(i of i.@ 'Il@I)oiiit(?d uti(le.r The 19,'5
subsectiott (b), tlic ,o%-eri,.ii)g bo(ly sh:ill request tli,2 c:rcuit coui,t to @il) iiit 'l
board of eqttaliz@itioti iiiidt2r cli@ii)ter 19 (SS 58-@).5 et ,;eq.) of tlii,.; tit@"I'l Tlit@
assessors be (le.,;ii,iiaLed (,ii or @ifter tlie fii-st cl,,iv of Jul , n t r
@) i tic vc:l 5,0,- 7 9'.'
ininiediaw]y proceditig t)ie ill wliieh tlie gc@iicr,.il rea'ssessiiiciit is requ-ire(i Or to%%,,, t@.@-
228
2/ 2 5/ 80
8-
22.1"O.'-)
22-127
?:,'-120.2
jig I)o(l)- fi@i- I)III)Iic
22-127. Al)l)t,opri,'Itioll.@I)N
o'
-cl;iilz@tioti of :11
scilool"; 1)1 Iv of @iliv CIIN 01 11 if -ile to\\ IA
I)o lll:tKS
I!) FUcll
tY to iiiclticie'in Iiiv@ioii o,, lie @;iinc, 1)(21*, ni, t(,,,,vn
tc, -Lll otliri- zi
01 'e:tcli ill 11(i,iitioll to ci- 11) licki of 1)"It ]lot til@ill, lcv@, re(Itlil ('(i iiii(ior
the I)ro@,i6ioris of SS 22-12G.1, fl'olll tile f (k (i(-.rive(i tl)C gellet-@Ll (:,)Ulltyl
Citv or tonvii lc%,v aiid froi,i ,iiiv otlic@r ii(l,.; for ol)cratioii, cal)ital
ouilay qii6/oi- dcl)t ser%,ice iii the I)Iil)l 'Xllool,.;, Not%@-itlist,,iiidinv Ii@\. olher
provi,@ions of tlic ,II-notilit il)proi)ri:tt(,(l I)%, tll(! bo(l@- fo@ 1),,il)lic
i scliools sh;ill i-(21ate to it!; totzti on@@- or to @kicl; miijor cl@t@,ific:Ltions niav L)c
i prescribed b%@ tl)e Stzite of E(itic@iticii. all(i slicii ftiii(is bc@ (!@\I)Clided
%% ieri ati 1 I)o@tr(i iii accor(iiLI)CC
I oli oi-der of tlic, schoo
r ce I Notwitli,,t@tii(Ii!)@r :in.%- otli(@r of l@iw, inclii(li:ii,' t)ut not Iiiiiitcl,i. to
(SS 15.1-160 OL scq.)
ci e of Title 15.1 of tl,,e Co(ie of tho (,i iiin,'@
i cotii,tv stiall an(i iti)!)ro\'C @ill
)t( 1 e I b,,dy ,tniiti-,tl for
-by tlle ney I puri)os(@s 1)), @l@ty first or itiiiii tti.irt,v I@i.vs @,f tlie I-eceii)t 1)@@ said cc)tl!ll,. N- of tile
.r negic act I r
intilii@ites of ';L@ito fkill(i, %\iii e sii;tll liitvt' 'ICCLIR, :',11(1 L]'
0
128, P. 1199; 1938,
,ith "th Tlie Stite ll(,@ fiftec)llt!i (itv
,@h tl,e school bo.,d follon@,iiig fii)al acijot
c go,erning L)iv iii e,,icli
senteiiec. submil cstiiii,,ites tc, to tile ]3ilsic @(11L)OI
Aid Foriiiul-,i to eacli titrates !),i f,)r
eacli vear of tlie iiexi ti-. (1945, 1). 7)@l: 1 9 1(3,
;ate pa),Mellt of @licliic S. C. C,-i; l@x.
Kllcss., c. 79, SS 1; 196E, c. 614; 1, ISes; l@)75, (443; 19-,S, c. @,51.)
Tl,e 1975 a.,t,d,,i@nt, effecti,@, 1, 197f,, for by Niziv P.,,-,r
insertei "of I),ece(fi@g "il@ t. tl,, i,,V, of ti,,
or it, lieu of" .,.,r LI!, of L@e f:,,,t li'lltl:,C@ I ... dget fo. :i@'llilaiI
and a,ided tt,e ,co@id z@,i@i @la%, fift,c,@" fo@ "Iccl)c z@-I 11.1 @"Ill
bLIl@F@t for .,,d fi,,@@l
Rn a.nuil bt@drcl f@,r eiuc,,ti"n.1 lv .,@iv f., e,i,@c,.,i.nal
ilay first" fo, ,.,Cept @n a,i,,u@@l f.r thirt,.one@ nc;,r ti@c c.id of tiic
infor@ntive a@,d fi,cai i,lai,i,ing pu,i,.,c, o.ly
SS 22-128.1: Not set out.
Code Co,@ ... i,,ion @ot,. secti,,@, Co,nmi,si@n t@ i.cl.de in th@ nl@,
ei,,po,cring Ta,(,,-,Il Co,,,,t@ to I,,,. t:@@ ha,i,,g :,rd
Nf@renduin; notice. real t@ i,r,,,id, @t l,tll ti,i, ,-hicli i, Ii ... i,,,i i,, t,
stop., i@, that @, i,riv,-i Act, i,,,,i i, @IOL Slt I'l@t li,le. b@L
of refe,endu .i@; 1952, c. 379. as c ... i,d Ac@ c. @@75, I,, i, c;,Il,,l to iL b@ tlii, ref,r,i4c,.
tsults.
ti ivailable. furtherance of ti,e ge.@ral p.ii,.v of tlie
SS 22-1 3 0.2. Sa iiie: o rd er fo r ref erciid ii ni; tiot ice. - Tlie jiidge upoii rece@-,,ing
such 1)etitioii eliter -,iii @etliilg @t (I@ILC for tii(2 r,.,f(2t-eii(iiiiii iii accol,(@aiice
witli SS 24.i-IC,5. @@ certified col)%, (,f the or(lut- t,e s(@r%,ed ul)oti tile el,,Ctioii
the Code only officiils of tlie cotiiitv. Noti(@,2 )f tile (i@itc@ ol@ tile rt,fel-ei)(Itirn l,n6 tiie
aiid
.permanent thereof @iall I)c 1)osted oii tlie fi@otil (ioor of tlie coui@tiioti@e. c. 45; Ill-i5,
@Kh is
I ited iii its
set, ot@t here, but c. 517.)
reference. Tl,c 1975 sul,,tit,,t,d '@n d@,3-, fr@... t)@, fili,,,! f ucl@ l@etitio,i" ,t (lie eni
acc.,d,@ce itl@ SS 21.1-it;5" for (i:@te f tl,e fi,,t
39
2/25/80
SS
15.1-ICO SS 15.1-162 of tile
t(@ Llie @o for Iiic;
J@IIY 1. of c,,lcll y(,,,tr, pr(,.I),,,trC "
0,2eille i!l ai
InIOUI)t of, nil)!@Y (livifi
ce %vit-ii
ACL, I
ted )el oli or
ttiiciit, oil'Cc
c!rl( c i
11 V,7k@l)llre aii(i
arC (Iv s )II
see SS
1, 1980. tir
erfectivc Jul vi(
I 0
4 @f tl@@ b
ere rellealed l,y AcL, 197 c
b3
f
-tiol,ed Act, of @le
..j col@ti,luc,i in
1978 reclllcted th's sectio n
liolile f.lees Th
15.1 i,,@erted "and approve '
1-@. s -142.2 atid the Th, 1976 -mendme nd ithout change.
near the begi@,ni-9 of tl,, third sertlnce
added tl,e fourth sente,lee.
lle,,Ir@lllg; reCcqs,., adjournni,,,,.it
blic d
SS 15.1.IG2. ilublie',Itl,n alid notice,, PU
froi
syn
be I
of
01). I'lle 1,
O%-eriiin
,A-.n of accou@t. i,, c@,tain
ne,
I NAY to @t.tell,,nt @o bo,
%, receii,ts aiid 111"
ed iii SS
I co@t of loc"'I
rt.
@f cot,t@ty r@ords, etc.,
of l@ublic Accou@,t@;
a
fi,,,cttl 3'@',Ar 1
it - Tiie fiscal yeiir
'T,g a
I)OI)III@ltioll of
ly and eii oii the
(Co
,@h esl)ect to to,l,s 6 6, 62; 1 7: I'-?6, 551.)
k- Th, iq7G t v@l Tl,c 197, The firt 19@,8
p @,@,ir ti,e
@f the I,,,dg,t P"'C' ii,c,i i., of tl,, fir@t ,,nL,nle Of til@ fi,,t
conteiits. - All . i@g of tll-2 fill.11 y,;Ir" 1110
I @(11inlissiolig, aii(i l,beg@t") i,, tl@@ third of tt,e fi,,t TI@e ec@,,d 1978
pro,@10 it,fo,mat,le fi,ci 1,1.,n,i,g
fir@L d@ty of April para[@ral,h.
57
2/25/80
-10-
EASTER!l INTERNATIONAL ITEM #14782
The City Manager advised he received a request from Eastern
International to liave their application, which is to be heard
by Planning Comm-ission on April 8, 1980, be heard by City
Council on 14 April 1980.
City Council recessed to the EXECUTIVE SESSIO@L, (6:40 p.m.),
for briefing prior to the FORMAL SESSION in the Council
Chambers.
2/ 2 5/80
F 0 R M A L S E S S I 0 N
VIRGINIA BEACEI CITY COUNCIL
25 February 1980
7:02 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. (3berndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend Leon F. Wardell
Calvary Presbyterian Church
PLEDGE OF ALLEGIANCE
MINUTES: ITEM #14783
Upon motion by Councilman Ferrell, seconded by Councilman Baum,
City Council voted to APPROVE the Minutes of the Regular Meeting
of 11 February 1980, with the following CORRECTION:
ITEM 14760 - Councilman Payne offered a SUBSTITUTE
140TION
to APPROVE the ordinance closing,
vacating and discontinuing a portion of
that certain street described as portion
of East end of 30th Street, SECONDED BY
COUNCILMAN BATJM.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Rig(Ts, and Mayor
Patrick L. Standing
2/2 5/80
12-
Council Mercbers Voting Nay:
None
Council Members Abstaining:
Donald W. Merrick
Council Members Absent:
None
RESOLUTIONS ITEM #14784
(ITEDI II-E.1)
Mayor Standing read the followinq Resolution of Appreciation:
R E S 0 L U T I 0 N
W,IIEREAO-, the Buck Bay WiZd owZ GUild haS demOnSt2ated
its corceryz and appreciation for the marine environment; an@,
WHEREAS, the Back Pay Wizd.@owl Gu@Zd's activities
and sponsorship o@ the @lid-At"antic Wi d,,-Owl FestivaZ have
increased public interest in and awaren ss ol@ the fo@k art o@
bird carving, photography, painting, and the vpesepvation o@
artil,2acts associated with wizdfowz; and,
WIYEREAS, the Back Bay WiZdFowZ Guizd has pzedged
@10,000 to be used Por the purpose o,P providing wiZd@owL exhibits
for the virg@Inia Beach Aluseum o@ Marine Sciences.
NOW, THEREFORE, BE IT RESOTVED that the Coun@iL of the,
City of Virginia Beach gratefuLZU ac7,,nowZedges the Back Bay Wi d-
fowZ GuiZd's oledge o-- 10,000 to the V@r-ini Be h @luseum 0--
marine ciences a d commends the G i@d @o-, a tive y dernonstpatir.@i
commun@lty suppoyt @or this oaZuabZe educationaz project.
Patrick L. Standing, @4ayor
City oF Virginia Beach
2/25/ 80
-1 3-
Mr. Fletcher Bryant received the above Resolution of Appreciation
on behalf of the Virginia Beach Wildfowl Guild.
Mr. Al Drescher appeared regarding tlie above matter also.
RESOLUTION
(ITEM II-E.2) ITEM #14785
RESOLUTION AUTHORIZING TRANSFER OF
THE CONTROLLING STOCK INTEREST IN
COX CABLE OF VIRGINIA BEACH, INC.,
TO GENERAL ELECTRIC COMPANY, PURSUANT
TO SECTION 16 OF A CATV ORDINANCE OF
THE CITY OF VIRGINIA BEACH, VIRGINIA.
WHEREAS, Cox Cable of Virginia Beach, Inc., has requested
Council's approval of a proposed transaction involving a transfer of
the controlling stock interest in Cox Cable to General Electric
Company, a corporation duly organized and existing under the laws
of the State of New York; and,
@qHEREAS, Council believes it is in the best interest of
the citizens of Virginia Beach that said approval be granted; and,
WHEREAS, the proposed transfer will involve only a change
in the ultimate controlling corporate entity of Cox Cable and will
not effect a change in the franctiise or the management and continued
operations of the cable television system within the City of Virginia
Beach in accordance with the provisions of Cox Cable's CATV Ordinance.
14OW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINTA:
The City of Virginia Beach hereby consents to the transfer
of the controlling stock interest in Cox Cable from Cox Broadcasting
Corporation to General Electric Company. In granting this consent
it is expressly understood that Cox Cable will not engage in the
selling or servicing of television receivers.
Adopted by th,3 Council of the City of Virg4lnia Beach,
Virginia, on
Mayor, City of Virginia Beach, Virginia
ATTEST:
City Clerk, City of Virginia
Beach, Virginia
2/115/80
- 1 4-
On motion by Councilman Ferrell, seconded by Councilwoman Obetndorf,
City Council voted to APPROVE the above Resolution authorizing trans-
fer of controlling stock interest in Cox Cable of Vircrinia Beach, Inc.,
to General Electric Company, pursuant to Section 16 o@ a CATV Ordinance
of the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Ceorge R. Ferrell,
Barbara M. Henley, Clarence A. liolland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Diembers Absent:
None
2/25/80
1 5-
RESOLUTION
(ITEM II-E.3) ITEM #14786
The regular meeting of the Council of the City of
virqinia Beach was held in the Council Cham-bers of the Administration
Building on the 25 day of February, 1980.
on motion by Councilman Holland, seconded by Councilman
Payne, the following Resolution was adopted.
R E S 0 L U T I 0 N
@VHEREAS, the United States Department of Transportation
Federal Highway Administration, under Title 23 of the U. S. Code
in Volume 8, Chapter 2, Section 1, of the Federal-Aid Highwav
Program Manual offer a Pavement Marking Demonstration Program to
improve the value of high-type markings for vehicles and pedestrian
safety; and,
WHEREAS, the City of Virginia Beach has need to upgrade
the existing pavement markings and/or applying the high-type marking
to streets not yet marked; and,
WHEREAS, the City Manager acknowledges and accepts the
City's responsibility in the reporting requirements as outlined
in the FHWA Federal-Aid Program Manual, Volume 8, Chapter 2,
Section 1, dated May 5, 1978; and,
WHEREAS, this program is to be administered through the
Virginia Department of Highways and Transportation and funded with
100 percent Federal funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA
BEACH, VIRGINIA:
TIIAT the City requests the Virginia Department of
Highways and Transportation to program and administer a Pavement
Marking Deiaonstration Project not to exceed $150,000 in the City
of Virginia Beach to provide "High-type" pavem-entmarkiligs on
selected streets as shown on the attached list. (Exhibit "A").
2/ 2 5/80
- 16-
Upon motion by Councilman Holland, seconded by Councilman Payne, City
Council voted to APPROVE the above Resolution supporting the City's
request to the Virginia Department of Highways and Transportation to
fund a second-year Demonstration Highway Marking Project, in the
amount of $150,000.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. flenry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2/25/ 80
1 7-
PRESENTATION
(ITEM II-F.1) ITEM #14787
Reverend Barnett Thourogood, Chairman of the Co=unity Development
Citizens Advisory Board, appeared before City Council regarding
recominendations for Sixth-Year Projects.
Reverend Thourogood indicated the Citizens Advisory Board respectfully
recommends that Coundil consider favorably the proposals for the Sixth
Year Program as submitted by the Community Development staff.
The proposed fundings allows completion of four (4) projects,
approved by City Council in the first five years of the program..
The sixth-year program will also correct the differences in
prior planning by Professional Engineers which will coordinate
the installation of water and sewer, streets and drainage.
A copy of Mr. Benjamin C. Moore's letter is M-ade a part of these
proceedings and is on file in the Office of the City Clerk.
CONSENT AGENDA
(ITEM II-G.1) ITEM #14788
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE C014SIDERED TO BE
ROUTINE BY CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE
FORM LISTED.
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 8-8 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
RELATING TO BUILDING AND SIGN
PERMITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIIJIA
BEACH, VIRGINIA:
That Section 8-8 of the Code of the City of Virginia Beach
is hereby amended to read as follows:
Section 8-8. Permits.
(a) When required.
Any owner, authorized actent or contractor who desires
to construct, enlarge, alter, repair, move, demolish or change the
occupancy of a building or structure or to erect, ar construct,
enlarge, alter repair or move a sign of any description or to install
2/ 25/30
- 1 8-
or alter fire-extinguishing apparatus, elevators, engines or to
install a steam boiler, furnace, heater, incinerator or other
heat producing apparatus or other appurtenances, the installation
of which is regulated by this Code or to cause any such work to be
done, shall first make application to the building official and
obtain the required permit therefor.
(b) Application contents.
All drawings, specifications and accompanying data
shall bear the name and address of the desianer. In the case of
buildincrs or structures exceeding two stories in height or five
thousand square feet in area, except one-and two-family dwellings,
such designer shall be an architect or engineer legally registered
under the laws o'- the State regulating the practice of architecture
or engineering and shall affix his official seal to such drawings,
specifications and accompanying data.
(c) Contractors license and bond required.
It shall be the duty of every contractor or builder,
who shall make,contracts for the erection or construction or repair
of buildings for which a permit is required, in the City, and every
contractor or builder making such contracts and subletting the same
or any part thereof, to pay a license tax as provided in Chapter 20
and to register his name in a book provided for that purpose, with
the Building Inspector, giving full name, residence and place of
business and in case of removal from one place to another in the
City to have made corresponding change in such register accordingly.
It shall be the further duty of every such person contracting for
work to give good and sufficient bond in the sum of Five Thousand
DD11ars to be approved by the City Attorney, conditioned to conform
to the building regulatioiis, the regulations of this section and
other Ordinances of the City in reference to buildings.
(d) Suspension and revocation of contractor's bond.
The building official or the Board of Appeals shall
have the authority to suspend I-erpporarily any building contractor's
bond for failure to correct faulty work, doing construction without
a permit or for any other good sufficient cause.
2/2 5/80
-19-
The board, upon the affirmative vote of three of
its members, may revoke or annul any contractor's bond for
repeated failure to comply with instructions of the building
official for repeatedly undertaking construction work without a
permit or other violation of this chapter.
(c) Suspension or revocation not a bar to ldrosecution.
Nothing in this division shall be construed as a
bar to prosecution for any violation of the Virginia Uniform
Statewide Building Code or this Code.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the 25th day of February_, 1980.
Upon motion by Councilman Merrick, seconded by Councilwoman Oberndorl@',
City Council voted to APPROVE the above ordinance to amend and reordain
Section 8-8 of the Code of the City of Virginia Beach, Virginia, re-
lating to building and sign permits.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Georqe R. Ferrell,
Barbara M. Henley, Clarence A. Hoiland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2/2 5/80
2 0-
CONSENT AGENDA
(ITEM II-G.2) ITEM #14789
Bingo/Raffle Veterans of Foreign Wars-Post 392
Raffle Virginia Beach Education Association
Bingo Saint Matthew's Catholic Church
Raffle Seahawk Booster Club
Raffle James K. Cole Merqorial Scholorship
Fund
Upon motion by Councilman Merrick, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the above Bingo/Raffle Permits.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. @lerrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Meribers Voting Nay:
None
Council Members Absent:
None
2/25/ 80
2 1-
CONSENT AGENDA
(ITEM II-G.3) ITEM #14790
Upon motion by Councilman Merrick, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the following tax refunds in the amount
of $517.40.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2/25/80
-2 2- AN OFDliil@,'@CE AUI@i[Oi),IZII@'(; TAv REFLJ@II)S Date- 2/12/8@O
UPO'il APPI,ICATIOII OF CE-I'@'I'AII4 pl-.Plc@olqs
AND IJE'01'@ CERTIFICATICT@ ()F TiiE TRI-A-BURER
]!E IT ORDAINED BY THE COUNCIL OF TliE CIIIY OF VIRGINIA B17ACH, VIRGI.NIA:
Tliat tlie folloi,)in@ appl-ications for tax refunds upon certification of
e Treastirer are hereby approved:
$ 517. 40
To-aling,$
TAXI TYPE TICKET EXONER- DATE
A14E YEA@ OF TAX NU,,IBFR TION 1\1( - PAID DENALTY IITT -TOTAT-
ine Leasing 80 CD 84889 1/16/80 15.00-
tton, D,3nald E. 80 CD 36008 1/23/80 15.00 -
C)Masl l@illiam R. 80 CD 35847 1/25/80 15.00--
ank, Leo G., Jr. 80 CD 65154 1/15/80 15.00-
averse Bay Corp. 80 CD 28282 1/16/80 15.00--
indecker, JDhn E. 80 CD 26868 1/22/80 15.00-
dig, Gregory M. 80 CD 38572 1/25/80 15.00-
w.p, James 80 CD 34251 1/25/80 15.00-
cDonald, George G. 80 CD 88766 1/11/80 7.50-
ith, David L. 80 CD 121908 1/17/80 7.50-
dridge, Robert L. 80 CD 111399 1/4/80 7.50-
venshiis, Faul F. 80 CD 34266 1/25/80 15.00-
ung, Joan G. 80 CD 114444 1/9/80 7.50-
ith, @,lar.y 80 CD 40862 1/28/80 15.00-
ith, Marv S. 80 CD 43817 1/28/80 15.00-
ar, Victoria M. so CD 72751 1/24/80 15.00,
ater, DDrothv L. 80 CD 35880 1/25/80 15,00-
ton, M. ii., ii 80 CD 48951 2/2/80 15.00-
rkress, J. @, B. 80 CD 37463 1/24/80 15.00,--
vi-s, Harrv L., Jr. 80 CD 96400 1/22/80 15.00-
ii, Philin V. 80 CD 9317r, 1/17/80 15.00-
ii, Elizabeth H. 80 CD 93175 1/1//80 15.00-
chey, Martin D. 80 CD 26846 1/22/80 15.00-
ets, R:)bert C. 80 CD 62909 1/11/80 15.00-
Ilis, Larry L. 80 CD 118666 1/14/80 -/.50-
rry L. @lullis 80 CD 118665 1/14/80 7.50--
ark, James R. 80 CD 41512 1/25/80 15.00--
mp,a, Sandra J. 80 CD 32712 1/22/80 15.00-
ughlin, Harry T. 80 CD 12705 1/11/80 15.00,
ar of the Sea 80 CD 71130 1/22/80 15.00---
,31ard, Donald B. so CD 127877 1/28/80 7.50-
,)lard, D@nald P. 80 CD 127878 1/28/80 7.50-
nes, C. ,
80 CD 28289 1/16/80 29.90 -
rch, Alice H. Flo CD 27803 1/21/80 15.00-
bler, D. & D. 80 CD 30872 1/24/80 15.00,--
mnitz, Francis T. 80 CD 60106 1/3/80 15.Orj-
eely, N.H. & S.P. 80 CD 41409 1/25/80 1 .00-
te, Norman A., Jr. 80 CD 118002 1/11/80 -7.50 -
he above abatement(s) totaling Cert*fied as to payment;
7-,,Aj - were approved by
he Council of the C;-ty
C,
each on the day of
JOHD T. AT@ft,'SON, @c,,istirer
Approvcd as t-o foim:
utli Ii. S-,iith, City Clerk
@c
on
2 3-
PLANNING AGENDA
(ITEM II-H.1) ITEM #14791
Mr. Arthur Dy appeared in behalf of his application.
I
Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of ARTHUR A. AND CONCHITA A. DY
for a Change of Zoning District Classification, as per the following:
An Ordinance upon application of Arthur A. and
Conchita A. Dy for a chanj:iof.t37ning District
Classification from R-7 6 Re d@ al District to
0-1 Office District on certain property located
on the East side of Princess Anne Road beginning
at a point 1000 feet more or less South of
Providence Road, running a distance of 277.9 feet
along the East side of Princess Anne Road, running
a distance of 185.03 feet along the Southern pro-
perty line, running a distance of 277.9 feet along
the Eastern property line and running a distance
of 135.03 feet along the Northern property line.
Said parcel contains 1.1 acres. KETIPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
212 5/ 010
-2 4-
PLANNING AGENDA
(ITEM II-H.2) ITEM #14792
Attorney Edward Hudgins appeared in behalf of the applicant.
Mr. Art Zimmerly appeared in opposition of the application.
Upon notion by Councilman Merrick, seconded by Councilman Ervin,
City Council voted to DEFER FOR TWO WEEKS the application of
C. M. BEASLEY for a Variance, as per the following:
Subdivision Variance: Appeal from Decisions of
Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision
for C. M. Beasley. Property located at the @@orth-
eastern extremity of Linehan Court. More detailed
information is available in the Deoartment of
Planning.
The al)TDlicant 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 wislies to subdivide a site
iocated at the northeast extrepiity of Linehan Court
into two (2) lots.
Voting: 11-0
Council Me,@ers Voting Aye:
John A. Baum, F. Reid Ervin, Georae R. Ferrell,
Barbara M. Henley, Clarence A. lioiland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and [4ayor Patrick L. Standing
Council Me@ers Voting Nay:
None
Council Members Absent:
lqone
2 12 5/30
2 5-
PLANNING AGENDA
(ITEM II-H.3) ITEM #14793
Upon motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
City Council voted to DEFER FOR THREE WEEKS the following Ordinances:
An Ordinance to amend and reordain
Article 6 of the Comprehensive
Zoning Ordinance pertaining to
duplexes in the A-1 through A-4
Apartment Districts.
An Ordinance to amend and reordain
Article 1, Section 105 of the
Comprehensive Zoning Ordinance
pertaining to nonconforming uses.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2/ 25/30
2 6 -
PLANNING AGENDA
(ITEM II-H.4) ITEM #14794
14r. Keith Blain appeared in opposition to the Ordinance.
Upon motion by Vice Mayor McCoy, seconded by Councilman Baum, City
Council voted to uphold the rocommendation of the Planning
Commission and APPROVE the Ordinance to arnend and reordain
Article 8, Section 801, of the Comprehensive Zonina. Ordinance
pertaining to use regulations for Photographic Film Processing
in the 0-1 Office District.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Vice Playor J. Henry McCoy,
Jr., J. Curtis Payne, Roger L. Riggs, Mayor
Patrick L.,Standing
Council Members Voting Nay:
Barbara M. Heniey, Donald W. Merrick, and Meyera
E. Oberndorf
Council Members Absent:
None
2/25/80
- 2 7-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 8, SECTION 801
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
FOR PHOTOGRAPHIC FILM PROCESSING
IN THE 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 8, Section 801, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Uses and structures here-
inafter specified; subject to compliance with the provisions
of Part C of Article 2 hereof:
(7) Photographic film processing;
(8) @74 Private clubs and lodges;
(9) kg4 Television or radio transmission towers and line-of-
sight relay devices.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
25 day of February 1980.
2/25/80
2 3-
PLANNING AGENDA
(ITEM II-H.5) ITEM #14795
Attorney H. Calvin Spain appeared in behalf of the applicant.
Mr. Keith Blain appeared in opposition.
Upon motion by Councilman Ferrell, seconded by Vice Mayor McCoy,
City Council voted to APPROVE the application of BENITO J. AQUINO
for a Conditional Use Perrqit, as per the following; with the
inclusion of the AMENDMENT TO THE MOTION AS PRESENTED BY COUNCIL-
,MAN ERVIN:
REQUIRE ANY INTERNAL CHANGES IN THE
BUILDING AND ITS MECHANICAL ASSISTANCE
SUBJECT TO APPROVAL BY PROPER AUTHORITIES.
(BUILDING, HEALTH, AND FIRE)
AND, the rewording of STIPULATION NUMBER THREE, WHICH STATES:
3. This operation is to be limited to the
processing of film for commercial photograph
purposes. The individual personal photographic
needs of a non-commercial nature of the general
public is hereby prohibited. "Commerciai
photography purposes" is hereby limited to those
purposes for which a valid business license is
in effect.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Ceorge R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. lienry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Meribers Absent:
None
2/2 5/ 80
-2 9-
ORDINANCE UPON APPLICATION OF BENITO R0280301
J. AQUINO FOR A CONDITIONAL USE PERMIT
FOR PHOTOGRAPHIC FILM PROCESSING
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGI14IA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Benito J. Aquino for
a Conditional Use Permit for photographic film
processing on certain property located on the West
side of Edwin Drive beginning at a point 1246.84
feet North of Holland Road, running a distance of
257.33 feet along the Northern property line,
running a distance of 150 feet along the West side
of Edwin Drive, running a distance of 150 feet
along the Western property line and running a dis-
tance of 257.33 feet along the Southern property
line. Said parcel contains .88 acres. KEMPSVILLE
80ROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvement as required by
the Site Plan Ordinance.
2. City water and sewer.
3. This operation is to be limited to the
processing of film for commercial
photographic needs of a non-commercial
nature of the general public is herebv
prohibited. "Commercial photoc,,raphy
purposes" is hereby limited to those
purposes for which a valid business
license is in effect.
4. Require any internal changes in the
building and its mechanical assistance
subject to approval by the proper
authorities (Del3artment of Permits
and Inspections, Health Department,
and Fire Department).
This Ordinance shall be effective upon date of adoption.
Adonted by the Council of the City of Virqinia Beach,
Virginia, on the 25th day of February, 1980.
2/25/BC
- 30 -
PLANNING AGENDA
(ITEM II-H.6) ITEM #14796
Attorney Michael Ennman appeared in behalf of the applicant.
Upoli motion by Councilman Merrick, seconded by Councilworqan Oberndorf,
City Council voted to uphold the recommendation of the Planning
Coiprnission and APPROVE the application of THE CATHOLIC DIOCESE OF
RICHMOND, CHURCII OF TIIE HOLY FAMILY, for a Conditional Use Permit,
as per the following:
ORDINANCE UPON APPLICATION OF THE R0280302
CATHOLIC DIOCESE OF RICHMOND, CHURCH
OF THE HOLY FAMILY FOR A CONDITIONAL
USE PERMIT FOR A CHURCH WITH RELATED
FACILITIES INCLUDING EDUCATION CENTER,
FELLOWSHIP HALL, GYMNASIUM A.ND OUTDOOR
RECREATIONAL AREAS AND PARISH HOUSE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGII@IA, THAT:
Ordinance upon application of The Catholic Diocese
of Richmond, Church of the Holy Family, for a Con-
ditional Use Permit for a church with related
faciliti s including education center, fellowship
hall, gymnasium and outdoor recreational areas, and
parish house, on certain property located at tlie
Southwest intersection of inorth Great Neck Road and
Laurel Cove Drive, running a distance of 1012.12 feet
along the West side of North Great Neck Road, running
a distance of 367.55 feet along the Southern property
line, running a distance of 193.89 feet in a North-
westerly direction, running a distance of 100 feet
in a Northeasterly direction, running a distance of
130.26 feet in a Southeasterly direction, running a
(listance of 876.64 feet along the Western property
line and running a distance of 464.66 feet along
the South side of Laurel Cove Drive. Said parcel
contains 9.625 acres. LYNNHAVETL BOROUGH.
Approval is subject to the following conditions 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. Parking is to be at a ratio of 1 space
per 5 seats or bench seating spaces in
the main auditorium.
4. A screening hedge is required along tile
Western property line and along the
Southern property line when developed.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25th day of February, 1990.
2/25/80
- 31-
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Dlayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Cuttis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2/ 2 5/ S(
3 2 -
PLANNING AGENDA
(ITEM II-H.7) ITEM #14797
Attorney Edward T. Caton, III, appeared in behalf of the applicant.
Upon motion by Councilman Merrick, seconded by Councilman Payne,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of LYNI@HAVEII BAPTIST
CHURCII for a Conditional Use Permit, as per the following:
ORDINANCE UPON APPLICATION OF LYNNHAVEN R0280303
BAPTIST CHURCH FOR A CONDITIONAL USE
PERMIT FOR A CHURCH AND ADDITTON.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACIi, VII@GINIA, THAT:
Ordinance upon application of Lynnhaven Baptist Church
for a Conditional Use Permit for a church and addition
on certain propert located on the North side of Robert
Jackson Drive beginning at a point 800 feet more or less
East of Gimbert Drive, running a distance of 269.56 feet
along the North side of Robert Jackson Drive, running a
distance of 301.95 feet along the Eastern property line,
running a distance of 192.29 feet alonq the Northern pro-
perty line and running a distance of 275.54 feet along
the Western property line. Said parcel contains 1.5
acres. Lynnhaven Borough.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. City water and sewer.
2. It should be noted that this site may
be affected by a future intercliange
which is currently being studied for
the intersection of the Virginia Beach-
Norfolk Expressway and Lynnhaven Parkway.
3. Parking at a ratio of one space T,)er five
seats or bench seating spaces in the main
auditorium.
4. Standard improvements as required by the
Site Plan Ordinance are waived until such
time as the site for the interchange is
determined.
This Ordinance shali be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Beach, Virginia, on the 25th day of February, 1980.
2/ 2 5/80
3 3-
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, (-@eorge R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Merrbers Absent:
None
2/25/8C
- 34-
PLANNING AGENDA
(I-IEM II-H.8) ITEM #14798
Attorney Frank Butler appeared in behalf of the applicant.
Mr. Jim Fox, Mi llard and Fox Engineers, appeared regarding
this matter.
The following appeared in opposition:
Mr. James Kaiser, North Virqinia Beach Civic League
Mr. Tom Aiken, resident of area
Mr. Gary Pope, Rudee Inlet Civic League
Doctor John McCabe, resident of area
Mrs. Jean Johnson, resident of area
Upon motion by Councilman Merrick, seconded bv Councilman Baum.,
City council voted to DEFER FOR THIRTY DAYS t@e application o@@
Helen L. Foos for a Conditional Use Permit, as per the following:
ordinAnce upon application of Helen L. Foos for a
Conditional Use Permit for dune disturbing activity
on certain property located at the Southeast corner
of South Atlantic Avenue and Maryland Avenue, running
a distance of 500 feet along the East side of South
Atlantic Avenue, runninq a distance of 200 feet along
the Southern property iine, runninal a distance of 500
feet along the Eastern property line and running a dis-
tance of 200 feet along the Soutla side of Maryland
Avenue. Said parcel contains 2.5 acres. LYNN'.IA@TEN
BOROU(-,H.
Voting: 11-0
Council Mem-bers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Malvor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Pa,,ne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
@ione
Council Members Absent:
None
2/2 5/80
3 5-
PLANNING AGENDA
(ITEM IT-H.9) ITEM #14799
Upon motion by Couticilman Holland, seconded by Vice Mayor McCoy,
City Council voted to uphold the recommendation of the Planning
Commission and periqit WITIIDRA@VAL of the application of W. JOIIN
ABBITT, JR., for a Conditional Use Permit, as per the following:
Ordinance upon applidation of W. John Abbitt, Jr.,
for a Conditional Use Permit for offices in con-
juncti n with a motel on certain property located
at the Southeast corner of Diamond Springs Road
and Aragon Drive, running a distance of 476.33 feet
alonq the East side of Diamond Springs Road, running
a distance of 300 feet along the Southern property
line, running a distance of 466.41 feet alonq the
Eastern property line and running a distance of
300 feet along the South side of Aragon Drive.
Said parcel contains 3.21 acres. BAYSIDE BOROUGH.
Voting: 11-0
Council Merqbers Voting Aye:
John A. Baum, F. Rei6 Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
@leyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
tlone
Council Menbers Absent:
None
2/25/80
- 36-
PLANNING AGENDA
(ITEM II-H.10) ITEM #14800
Mr. John Krauss appeared in behalf of the applicant
UlDon motion by Councilman Holland, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of NANCY K. KPAUSS for a
Conditional Use Permit, as per the following:
ORDINANCE UPON APPLICATION OF NANCY K. R0280304
KRAUSS FOR A CONDITIONAL USE PERMIT
FOR A HOME OCCUPATION (DRESSMAKING)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Nancy K. Krauss
for a Conditional Use Permit for a home occu-
pation (dressmaking) on certain oroperty lo-
cated at tlie Northeast intersection of Breeds
Hill Road and Serapis Lane, running a distance
of 42.98 feet along the Northeast extremity of
Breeds Hill Road, running a distance of 92.43
feet aloncl.T the Southern property line, running
a distance of 89.61 feet along the Eastern pro-
perty line, running a distance of 80 feet along
the Northern property line and running a dis-
tance of 95.77 feet in a Southwesterl@17 direction.
Said parcel contains .24 acre. Bayside Borough.
Approval is subject to the following conditions
in colijunction with the intended use of the land.
1. Approval is for a period of two years.
2. Compliance with Article 2, Section 229
of the Comprehensive Zoning Ordinance
pert tohome occupations.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beacli,
Virginia, on the 25th day of FebruarN7 1980.
Voting: 11-0
2/2 5/80
3 7-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Poger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council meitbers Absent:
None
2/2 5/ 80
3 8-
PLANNI14G AGENDA
(ITEM II-H.11) ITEM #14801
Mr. T. A. Wiley appeared in behalf of his application.
Upon motion by Councilman Holland, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Plannina
Commission and APPROVE the application of TH014AS A. WILEY, T/A
T. A. WILEY, JEWELER, for a Conditional Use Permit, as per the
following:
ORDINANCE UPON APPLI--ATION OF THOMAS R0280305
A. WILEY, T/A T. A. WILEY, JEWELER,
FOR A CONDITIONAL USE PEpd4IT FOR A
HOME OCCUPATION (MINOR JEWELRY REPAIR)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
Ordinance upon application of Thomas A. Wiley,
T/A T. A. Wiley, Jeweler, for a Conditional
Use Permit for a home occupation (minor jewelry
repair) on certain property located on the East
side of Sanford Avenue beginning at a point 270
feet @lorth of Twohy Lane, running a distance of
90 feet along the East side of Sancord Avente,
running a distance of 120 feet along the Northern
property line, running a distance of 90 feet alona
the Eastern property line, running a distance of
120 feet along the Southern property line. Said
parcel contains .24 acre. BAYSIDE BOPOUGH.
Approval is subject to the following conditions
in conjunction with the intended use of the land:
1. Approval is for a period of one
year.
2. Compliance with Article 2, Section 229
of the Co'm'prehensive Zoning Ordinance
pertaining to home occupations.
3. Repair work is to be done for retail
merchants only, not the general public.
4. The pick-up and delivery of merchandise
should be performed by the applicant,
rather than such activities occurring
at his residence.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of virqinia Beach,
Virginia, on the 25th day of February, 1980
Voting: 11-0
2/25/80
- 39-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Georqe R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Rocer L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
@4one
Council Members Absent:
None
21 2 5/80
4 0-
PLANNING AGENDA
(ITEM II-H.12) ITEM 414802
Attorney Richard F. Broudy appeared in behalf of the applicant.
Upon motion by Councilman Payne, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of FRANK W. KELLAM,
TRUSTEE, for a Change of Zoning District Classification, as per
the following:
ORDINANCE UPON APPLICATION OF FRA-NK W. Z0280480
KELLAM, TRUSTEE, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AC-1
AGRICULTURAL DISTRICT TO B-1 BUSINESS-
RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Frank W. Kellam,
Trustee, for a Change of Zoning District Classifi-
cation from AG-1 Agricultural District to B-1
Business-Residential District on certain property
located on the South side of Princess Anne Road
beginning at a point 870 feet more or less West
of Princess Anne Road, running a distance of 157.82
feet along the South side of Princess Anne Road,
running a distance of 602.26 feet in a Southwesterly
direction, running a distance of 39.86 feet in a
Northwesterly direction, running a distance of 1137.92
feet in a Southwesterly direction, running a distance
of 148.48 feet in a Southeasterly direction, running a
distance of 1108.87 feet in a Northeasterly direction,
running a distance of 55.81 feet in a Southeasterly
direction and running a distance of 610.26 feet in a
Northeasterly direction. Said parcel contains 7.7
acres. PRINCESS ANITE BOPOUGII
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. An acceptable sewer system as approved
by the Health Department.
2. The necessary downstream drainage ease-
ments and improvements will be required.
3. Standard improvements as required by the
Site Plan Ordinance and the cost of the
design and construction of a standard City
Street are waived until such time as
improvenents are made along Princess Anne
Road.
is Ordinance shall be eflective upon date of adop-lion.
,h
Adopted by the Council of the City of @7irginia Beach,
Virginia, on the 25th day of February, 1980.
2/25/ 80
-4 1-
Voting: 9- 2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
Barbara M. fienley, and Meyera E. Oberndorf
Council Members Absent:
None
2/25/8(
-4 2-
PLANNING ACENDA
(ITEM II-H.13) ITEM #14803
Attorney Frank Butler appeared in behalf of the applicants.
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to DEFER FOR TWO WEEKS the application of LINDA MAH
ARK, RITA MAH WHALEN, ANNA HO PIAH, AND NANCY ENG MAY for a Change of
Zoning District Classification, as per the following:
An Ordinance upon application of Linda Mah Ark,
Rita Mah Whalen, Anna Ho Mah, and Nancy Eng Mah
for a Change of Zoning District Classification
from A@-1 Agricultural District to B-2 Commun-ity
Business District on certain property located on
the West side of OceanaBoulevard beginninq at a point
795 feet North of Dart Neck Road, running a dis-
tance of 420.09 feet along the West side of oceana
Boulevard, running a distance of 1342.24 feet along
the Northern property line, running a distance of
657.73 feet along the Western property line and
running a distance of 861.10 feet along the South-
ern property line. Said parcel contains 10.18
acres. PRIIICESS A@IIIE BOROU(-,Il.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Ceorge R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Me@ers Absent:
None
2/25/8(
-4 3-
PLANNING AGENDA
(ITEM II-H.14) ITEM #14804
COUNCILMAN RIGGS LEFT CHAMBERS
Architect Richard Grimstead appeared in behalf of the applicant
Upon motion by Councilman Merrick, seconded by Councilman Holland,
City Council voted to DEFER FOR TWO WEEKS the application of GASTON
F. AND WILMA A. DOUGH for a Change of Zoning District Classification,
as per the following:
Ordinance upon application of Gaston F. and Wilma
A. Dough for a Change of Zoning District Classifi-
cation from R-8 Residential District to A-1 Apart-
ment District on certain property located at the
@lortheast intersection of Virginia Beach Boulevard
and Garcia Drive, running a distance of 100 feet
along the North side of Virginia Beach Boulevard,
running a distance of 150 feet along the Eastern
property line, running a distance of 100 feet along
the Northern property line and running a distance
of 150 feet along the East side of Garcia Drive.
Said parcel contains .34 acre. LYI@NHAVE'L BOROU(-,Il.
Voting: 11-0
Council @,4embers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
@leyera E. Oberndorf, J. Curtis Payne, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council @lembers Absent:
Roger L. Riggs
2/25/8@
4 4-
PLAD@NIt4G AGENDA
(ITEM II-H.15) ITEM #14805
COUNCILMAlq RIGGS RETURNED TO CHAMBERS
Attorney H. Calvin Spain appeared in behalf of the applicant.
On motion by Councilman Merrick, seconded by Councilman Payne,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of LONE STAR INDUSTRIES,
INC., A DELAWARE CORPORATION, for a Change of Zonin,, Di trict
Classification, as per the following; subject to th @ fo T1.@ing
AMENDMENTS to conditions four (4) and five (5):
(4) A VARIABLE DEDICATION FOR A 300-FOOT
DRAI@4AGE EASEMET@T CENTERED OVER THE
EXISTING C;U@AL IS PEQUIRED FOR CANAL #1
(5) DEDICATION OF RIGHT-OF-WAY FOR SOUTHERN
BOULEVARD WILL BE WAIVED AT THIS TIME
SINCE THE IMPROVEMENT OF THIS ROADWAY
WOULD SOLELY BE FOR THE BENEFIT OF TIIE
APPLICANT UNTIL SUCII TIME AS A BRIDGE
IS CONSTRUCTED ACROSS CANAL 411.
HOWEVER, IT IS REQUIRED TEAT NO PERMANENT
STRUCTURE BE CONSTRUCTED IN THIS PPOPOSEB
RIGHT-OF-WAY FOR FIFTEEN (15) YEARS.
ORDINANCE UPON APPLICATION OF LONE STAR Z0280481
INDUSTRIES, INC., (A DELA@IARE CORPORATION)
FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM I-1 LIGHT INDUSTRIAL DISTRICT
TO I-2 HEAVY INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACIi, VIRGINIA, THAT:
Ordinance upon application of Lone Star Industries,
Inc., (a Delaware Corporation) for a Change of Zoning
District Classification from I-1 Light Industrial
District to I-2 Heavy Industrial District on certain
property located on the South side of Southern Boulevard
beginning at a point 780 feet more or less East of Sykes
Avenue, running a distance of 675 feet along the South
side of Southern Boulevard, running a distance of 866.64
feet along the Eastern property line, running a distance
of 535.29 feet along the Southern property line, and
running a distance of 725.73 feet along the Western pro-
perty line. Said parcel contains 9.49 acres. LYN@@HAVEN
BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the
Site Plan Ordinance.
2. City water and sewer.
2/ 2 5/80
- 4 5-
3 Adequate access to this site is required.
4. A variable dedication for a 300-foot
drainage easement centered over the
existing canal is required for Canal #1.
5. Dedication of right-of-way for Southern
Boulevard will be waived at this title
since the improvement of this roadway
would solely be for the benefit of the
applicant until such time as a bridge
is constructed across Canal #1.
However, it is required that no PERMANENT
structure be constructed in this proposed
right-of-way for fifteen (15) years.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 25th day of uar , 1980.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henlev, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council members Absent:
None
2/25/80
4 6-
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25th day of February 1980
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
21 25/ 80
4 7-
PLANNING AGENDA
(ITEM II-H.16) ITEM #14806
Mr. Bill Forbes appeared in behalf of his application.
Upon motion by Councilman Holland, seconded by Councilrqan Ferrell,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of CARDINAL TV AND AUDIO,
INC., for a Change of Zoning District Classification, as per the
following:
ORDINANCE UPOI; APPLICATION OF CARDINAL Z0280482
TV AND AUDIO, INC., FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATIO14 FROII
A-1 APART14ENT DISTRICT TO B-2 COIIIDIUNITY-
BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CI-,Y OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Cardinal TV and Audio,
Inc., for a Change of Zonin District Classification
from A-1 Apartment District to B-2 Communitv-Business
District on certain property located 260 feet North of
Virginia Beach Boulevard beginning at a point 847 feet
more or less West of North Witchduck Road, running a
distance of 39 feet along the Southern property line,
running a distance of 230 feet along the Western ldro-
perty line, running a distance of 40.93 feet alon4
the Northern property line and running a distance of
240 feet along the Eastern property line. Said parcel
contains .21 acres. BAYSIDE BOROUCII
Approval is subject to the following conditions
in conjunction with the intended use of the land:
1. Standard improvements as required by
the Site Plan Ordinance.
2. City water; and, sewer to be determined
by Health Department.
3. A six-foot screening fence is to be
provided along the Northern property
line adjacent to the residential area.
4. A variable right-of-way dedication along
Virginia Beach Boulevard.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on tlie 25th day of February 1980
2/ 25/80
4 8-
Voting: 11-0
Council members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2/25/80
-49-
PLANNING AGENDA
(ITEM II-H.17) ITEM #14807
Attorney Donald H. Rhodes appeared in behalf of the apidlicant.
The following appeared in opposition:
Miss Diana Closei President, Shadowlawn Heights
Civic League
Lieutenant David Harris
Mr. Harry Garbis, resident of Shadowlawn Heights
Upon motion by Councilman Riggs, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of ROBERT LETCHWOR-IH for a
Change of Zoning District Classification, as per the following:
Ordinance upon application of Robert Letchworth for
a Change of Zoning District Classification from R-7
Residential District to A-2 Apartment District on
certain property located at the Northwest intersection
of Winston Salem Avenue and Mediterranean Avenue,
running a distance of 200 feet along the @Vest side
of Mediterranean Avenue, running a distance of 75
feet along the South side of Terrace Avenue, running
a distance of 200 feet along the Western property
line and running a distance of 75 feet along the
Southern property line. Said parcel contains .344
acre.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Votinq Nay:
None
Council Members Absent:
None
2/25/80
50-
ORDINANCES
(ITEM II-I.2.a.1 ITEM #14808
AN ORDINANCE TO ACCEPT A GPANT
TOTALLING $592,000
FROM THE HERITAGE, CONSERVATION, AND
RECREATION SERVICE, U. S. DEPARTMENT
OF THE INTERIOR, OF WHICH
$296,000 WILL BE APPROPRIATED
WHEREAS, the City Council, on June 12, 1978, accepted a grant
to purchase the Munden Point Park site, and
WHEREAS, the City now wishes to develop this site, and
WHEREAS, the Heritage, Conservation, and Recreation Service,
U. S. Department of the Interior (HCRS), has awarded the City a grant for
one-half of the development costs, and
WHEREAS, the City Council, on January 21, 1980, approved the
1980 Charter Bond package, which included an appropriation for the City's
half of the development costs.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH, VIRGINIA:
That the City Manager be hereby authorized to accept the grant
for the City, and funds be hereby appropriated for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
Munden Point Park 000 $296,000
That the appropriations be financed by a $296,000 loan from the
General Fund, to be reimbursed by the HCRS upon completion of the develop-
ment, and
That the local match of $296,000 will be funded by 1980 Charter
Bonds appropriations, approved by City Council on January 21, 1980.
FIRST READING: -February 11, 1980
SECOND READING: February 2 5 , 1 9 8 0
Adopted by the Council of the City of Virginia Beach on the 25
day of February 1980.
Voting; 9-2
2/25/80
- 5 1-
on motion by Councilman Ferrell, seconded by Councilman Payne,
City Council voted to APPROVE ON SECOND READING the above
Ordinance to accept a Grant totaling $592,000 from the Heritage,
Conservation, and Recreation Service, U. S. Department of the
Interior, of which $296,000 will be appropriated.
Votinq: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Donald
W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
and Mayor Patrick L. Standing
Council Members Voting Nay:
Vice Mayor J. Henry McCoy, Jr., and Roger L.
Riggs
Council Members Absent:
None
21 25/80
- 52-
ORDINANCES
(ITEM II-I.2.a.2) ITEM #14809
Mr. Tom Aiken spoke on this matter re(Tardinq opposition to the
improvements on Vanderbilt Avenue for the purpose of Droviding
public access to the parking lot at Camp Pendleton.
Councilwoman Henley indicated there are attempts being made to
iDrovide access to the parking lot at Camp Pendleton at another
location, rather than Vanderbilt Avenue.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum,
City Council voted to APPROVE ON SECOND READING the following Ordinance
to appropriate additional funding of $43,602 for right-of-way improve-
ments to Vanderbilt Avenue in Croatan Beach.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferreil,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Mayor Patrick
L. Standing
Council Members Voting Nay:
Donald W. Merrick
Council Members Absent:
None
21 25/30
Requested by: City Manager/Director of Public Works
-53-
AN ORDINANCE TO APPROPRIATE ADDITIONAL
FUNDING OF $43,602 FOR RIGHT-OF-WAY
IMPROVEMENTS TO VANDERBILT AVENUE IN
CROATAN BEACH
WHEREAS, on May 14, 1979, City Council approved on second
reading an ordinance to appropriate $14,500 for right-of-way
improvements to Vanderbilt Avenue and Lockheed Avenue in Croatan
Beach, and
WHEREAS, after discussions with the property owners in the
area, it has been determined that additional improvements are
needed as follows:
1. A six foot parallel but separate bike trail
along Vanderbilt Avenue.
2. An additional widening of Vanderbilt Avenue
from 20 ft. to 24 ft.
3. A complete surfacing of Vanderbilt Avenue from
Camp Pendleton Parking Lot to Croatan Road which
includes laying new pavement and upgrading existing
pavement.
WHEREAS, these improvements were not included in the original
appropriation of $14,500 and
WHEREAS, these new improvements to Vanderbilt Avenue will
cost $43,602
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds in the amount of $43,602 be appropriated
from the General Fund Balance for the purpose of making additional
improvements to Vanderbilt Avenue in Croatan Beach.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 25th day of February 19 80
First Reading: February 11, 1980
Second Reading: February 25, 1980
GGD: JDB
2-6-80
2/2 5/80
- 54-
PLANNING AGENDA
(ITEM II-I.2.a.3 ITEM #14810
Up6n motion by Vice Mayor McCoy, seconded by Councilman Holland, City
Council voted to APPROVE ON SECOND READING the following ordinance to
increase the General Fund Loan to Central Stores Internal Service Fund
by $13,000.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roqe-- L.
Riggs, and ilayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2/25/80
-5 5-
AN ORDINANCE TO INCREASE THE GENERAL
FUND LOAN TO CENTRAL STORES INTERNAL
SERVICE FUND BY $13,000
WHEREAS, increasing costs of office materials and supplies
and the need to maintain a larger inventory of supplies to
better serve the city departments has created an imbalance in
the city's Central Stores with an investment in inventory which
has created an insufficiency in operating cash, and
WHEREAS, this imbalance hinders the operation of Central
Stores and adversely affects the city when Central Stores is
unable to make timely purchases, and
WHEREAS, an increase of $13,000 in the General Fund Loan
to Central Stores making the total loan $20,000 would provide
Central Stores with the flexibility to operate effectively.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that the General Fund Loan to the Central
Stores Internal Service Fund be increased by $13,000 from an
amount of $7,000 to $20,000.
Adopted by the City Council of the City of Virginia Beach,
Virginia on 24 day of February 19 8 0
First Reading: February 11, 1980
Second Reading: Februar,,, 5 , 1 9 8 0
GGD:JDB:er
10-10-79
2/25/80
5 6-
ORDINANCES
(ITEM II-I.3.a) ITEM #14811
AN ORDI@TANCE TO ATIEND SEC-@ION
2-37 OF -@HE CODE OF THE CI-.Y OF
VIRGINIA BEACH, VIRGI@IIA, BY
ADDI@7G THERETO @IEW SUBPARAGRAPHS
(c)(1), (c)(2) AND (c)(3), PERTAITIING
@O RECLASSIFICA-IION OF POSI-IOTJS.
BE I-- ORDAITJED BY -,HE COUNCIL, OF THE CI-,Y OF N7IRCINIA
BEACH, VIRGINIA:
That Section 2-37 of the Code of the City of Virqinia
Beach, Virginia, is hereby amended as follows:
Section 2-37. Changes in class.
(a) A promotion shall be an advancement by a full-time
permanent or probational employee to a higher pay range qranted
to an employee in conjunction with "increased jol) duties and
responsibilities". When employees are promoted, their salary
shall be increased to a minimum step for that class (A Step) or
two (2) palv increments above their present range and step,
whichever is greater. Ho@iever, such an increase shall not place
the employee at a pay step in the range of the new position
higher than the pav step held in the range of the former
position. The effective date of all promotions shall be the
first day of the pay period. Employees who are promoted on their
anniversary date and are eligible for a merit increase may
receive a three-step pay increment increase over their former
salary level, provided such an increase shall not place the
emplovee at a pay step in the range of the new position more t]-ian
one step higher than the step in tlie range of the former
position.
2/ 25/80
5 7-
(b) A deiiotion shall be a reduction in the pay range
of a full-time permanent or probational employee in conjunction
with a change in job duties and responsibilities. When an
employe6 is reduced to a lower pay range, their step within the
new pay range shall be determined by the director of personnel.
-@he anniversary date of eligibility for merit increases shall not
he adjbsted unless the work of the lower position is determined
by the director of personnel not to be significantlv similar to
the type of work from which the employee was demoted.
(c) A reclassification shall be a reassiqnment of the
appropriate job title, pay range, and step to an eriplovee whose
classification does not accurately reflect the actual duties
performed. When such position cannot accuratelv be described or
compensated by assignment to an existing class, the director of
personnel shall establish a new class with appropriate range and
title subject to the approval of the city manaqer. --he director
of personnel shall determine an appropriate pay step and
anniversary date based on the employee's lonqevity in the @vork of
the class to which reclassified.
(1) Whenever any employment position with the
city is reclassified to a different class havinq a different
pay range, all employees employed in the reclassified
position at the time of reclassification shall continue to
be compensated at the rate received at that time;-
notwithstanding that in some cases such amount inay be
greater than the highest step of the ranqe of the new
classification.
(2) Such reclassified employees shall contintle to
receive all future general salary increases.
(3) Payment of compensation to reclassified
employees, which is made pursuant to paraqraphs (c)(1) and
-2-
2/25/80
- 5 3-
(c)(2) above and which may exceed the highest step of the
reclassified range for such employee, shall not be deeried a
promotion.
Adopted blv the Council of the Citv of Virginia Reach,
Virginia, on the February 25, 1930
RHII/cj/vp
1/25/80
(3)
On motion by Councilman Merrick, seconded by Councilman Ferrell,
City Council voted to APPROVE the above Ordinance to amend
Section 2-37 of the City Code by adding thereto new sub-paragraphs
(c)(1), (c)(2), and (c)(3), pertaining to reclassification of positions.
Voting: 11-0
Council Members Voti.'Ig Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Ilenley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-3-
2/25/80
ORDINANCES -59-
(ITE,ll ii-i.3.b) 'ITEM #14812
Requested by: Police Department
All ORDI@IANCE TO AMEND CHAPTER 22
OF THF CODE OF THE CI-.Y OF VIRGI@TIA
BEACH, VIRGINIA, RELATI@IG TO -,OW
TRUCK OPERATIONS.
BE IT ORDAI@JED BY THE COU@ICIL OF -HE CITY OF @7IRCII-TIA
BEACH, VIRGINIA:
That Chapter 2'. of the Code of the Citv of Virqinia
Beach, Virginia, is hereby amended as follows:
Section 22-149.3. Same - rnforcement of private parkinq bv
towing.
Each owner of private property conductina a l@tisiness
and o@Ifering parking to customers who intends to enforce parl-,ing
restrictions by the use of tow truck service shall post, at each
point of ingress and egress to the parking area, clearly 1eqible
signs containing the following wordinq;
PRIVATE PARKING
(name of business)
CUSTOtIERS ONLY
TOWINC, ETIFORCED
linauthorized cars towed at owner's expense
S@15.00 day, $35.00 night. Call 424-5000
911 for location and information concerning
Fe-turn of car if towed.
The signs shall be at least 36" in width and 30" in
height. Lettering for the toT, four I.ines shall be at least 3"
in height and for all other lines, at least 1 1/2" in heiqht.
--he face of the siqn shall be composed of high intensitv
reflectorized sheeting or like material. The name of the business
2/25/80
6 0-
may be on a separate sign, but must be adjacent to the prima
sign containina the information required by this article.
Section 22-149.7. Illegal Towing.
Except.when a tow triick service nr operator is acting
as an agent in the Iegal repossession of a vehicle, it shall he
unlawful:
(a) for any tow trucl, service to tow or otherwise
move a vehicle from anv area or portion of a public
street withotit either the consent of the owner or
custodian thereof or authorization by the police or
other designated official of the city.
(b) for any tow truck service or operator to block
the movement of, tow or otherwise move a vehicle from
any private road, drivewa@, or any other privatelv owned
land or propertv within the citv except:
1. when requested to do so bv the owner or
custodian of the vehicle7
2. unless specificall@, realiested to
perform such towing service by an owner,
his agent or licensee (other than the
owner, employee or aqent of the wrecker
and towing service) of the private
property on which the vehicle is parked;
(c) for any tow truck service or operator to tow
or otherwise move a vehicle
from any private road or
drivewav, or from any other privatelv owned land or
I
property within the city to a place out of the city,
without the consent of the owner or custodian of said
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2/ 25/80
-6 1-
vehicle: provided, after a period of not less than
twenty-four (24) hours from the time of the request for
removal has elapsed, any such vehicle may be moved to a
storage area, with prior notification to and approval
of the Police Department:
(d) for any tow truck service or operator to
block the movement of any vehicle other than when on
the property of the wrecker and towing service to
prevent the movement thereof by its owner or custodian
who has appeared and desires to move the vehicle;
(e) for any tow truck service or operator to
refuse to release a vehicle to its owner or custodian
after it has been prepared for towing from any private
property upon demand for and in receipt of a service
fee not to exceed that fee as prescribed in Section
22-149.7(f) of the City Code;
(f) for any tow truck service or operator to
charge a basic fee of more than $25.00 for towing
between the hours of 7:00 A.M. and 7:00 P.M. and
$35.00 for towing between the hours of 7:00 P.M. and
7:00 A.M., plus a maximum additional fee for the use of
the accessory equipment or service not to exceed $10.00
when necessary to move or prepare for movement of a
vehicle from any private or public property without the
prior consent and agreement of the owner or custodian
of the vehicle to be moved or towed;
(g) for any tow truck service or operator to
charge more than $3.00 per twenty-four (24) hour period
for storage charges, after an initial period of
twenty-four (24) hours, for a vehicle removed from
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2/25/80
-6 2-
private property without the consent of the owner or
custodian of the vehicle;
(h) for any tow truck service or operator to
charge any fee for mileage in addition to the basic
towing fee set forth in paragraph (f) when the vehicle
is being taken without the consent of the owner or
custodian of the vehicle7
(i) for the owner, operator, licensee or driver
of any wrecker to drive along any street to solicit
towing or to engage in cruising to patrol or police
private property, or without first obtaining consent of
the Police Department in writing to wait for employment
by standing or parking on public property;
(j) for the owner, operator, licensee or driver
of any wrecker to tow or otherwise move a vehicle from
any privately owned land or property within the city
unless said land or property is properly signed in
accordance with Section 22-149.3 of the City Code.
Section 22-149.8 Same - Procedure when owner returns after tow
truck service arrives, but before tow is started.
If the owner of any car not authorized to be parked in a
private lot returns after a tow truck service has arrived but before
the car has been towed from the private lot, the owner thereof
may reclaim his car by paying an amount not to exceed the-minimuER
tewinq-.Eee fifteen dollars ($15.00), but no storage charge may
be required.
Adopted by the Council of the City of Virginia Beach,
Virginia on the -29 day of Februar@r 19 80 .
APPIZO TS ADPIZnVT-,T) \,'; TO FORI!
&
City Attorney
2/25/80
-6 3-
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to APPROVE the above ordinance to amend Chapter 22 of
the Code of the City of Virginia Beach relating to Tow Truck Operations.
Voting: 11-0
Counicil Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
iNone
Council Members Absent:
None
2/25/80
6 4 -
OLD BUSINESS
(ITEM II-J.1) ITEM #14823
Upon rqotion by Councilman Holland, seconded by Councilman Ferrell,
City Council voted to NOMI@7ATE Mr. H. Calvin Spain to the EASTERN
VIRGINIA HEALTH SYSTEMS AGENCY, INC., for a tern, of three (3)
years, beginning 1 July 1980 and terminating 30 June 1983.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, (,eorge R. Ferrell,
Barbara M. Henlev, Clarence A. Holland, Vice
Mayor J. Henry 1-f@Coy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and 14ayor Patrick L. Standing
Council Members Voting Nalv:
None
Council Members Absent:
None
2/ 2 5/ 80
6 5-
OLD BUSINESS
(ITEM II-J.2) ITEM #14814
Upon motion by Councilman Ilolland, @econded by Councilman Riggs,
City Council DIRECTED the City Manager to work with the Planning
Commission and Planning Department to study the feasibility of
an "Airport Zoning" (as suggested by Captain @lichaels, IIAS Oceana),
and report recommendations back to Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, GeorQe R. Ferrell,
Barbara M. Henley, Clarence A. Hoiland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
@leyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members @loting Nay:
None
Council Members Absent:
None
2/25/80
6 6 -
OLD BUSINESS
(ITEM II-J.3) ITEM #14815
Upon motion by Vice Mayor McCoy, seconded by Councilman Payne,
City Council voted to APPROVE the following Resolution requesting
the Department of Highwavs and Transportation reconsider their
decision and fund the Kempsville Road Project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Geor(Je R. Ferrell,
Barbara M. Henley, Clarence A. liolland, Vice
Mayor J. Henry McCoy, Jr., Donald W. @lerrick,
14eyera E. Oberndor@l, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council @lembers Voting Nay:
None
Council Members Absent:
None
21 25/80
- 6 7-
R E S 0 L U T I 0 N
WHEREAS, officials of the Department of Highways and
Transportation have notified the City of Virginia Beach that the
construction of the Kempsville Road project will not be funded;
and,
WHEREAS, this project is a very important and urgently
needed project; and,
WHEREAS, the existing roadway is a two-lane facility
probably intended to carr@.7 a maximum of 6,500 vehicles per day
and is currently carrying almost 14,000 vehicles per day; and,
WHEREAS, we are well into this project, tlie plans are
virtually complete, and we were notified that the public hearing
was tentatively scheduled for April; and,
WHEREAS, this project was identified by the Highwav
Co=issioner as late as January 17, 1980, as "priority con-
struction project scheduled that could be implemented"' and,
WHEREAS, we have also been notified that the Newtown
Road-Haygood Road project has been deferred indefinitely.
NOW, TliEREFORE, BE IT RESOLVED that the City Council of
the City of Virginia Beach, Virginia, is requesting that this
decision be reconsidered and that these projects be funded
immediately and constructed as originally planned.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25 day of February 1980
'@)/25/80
6 8-
OLD BUSINESS
(ITEM ii-i.4) ITEM #14816
Upon motion by Councilman Holland, seconded by Vice Mayor McCoy,
City Council voted to RECONSIDER the application of RACHAEL M.
AND LAIVRENCE KURTZ for a Change of Zoning District Classification
from R-5 Residential District to I-1 Light Industrial District.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, and ?Iayor Patrick L. Standing
Council Members Voting Nay:
Meyera E. Oberndorf, and Roger L. Riggs
Council Members Absent:
None
2/25/80
69 -
ITEM #14816(a)
Upon motion by.Councilman Holland, seconded by Councilman Baum,
City Council voted to REHEAR the application of RACHAEL M. AND
LAWRENCE KURTZ for a Chanqe of is trict Classification
Zo7i79LTg
from R-5 Residential Dist ict to - h Industrial District
in THIRTY DAYS; subject to an agreerqent being reached by the
Seatack Civic League.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Georqe R. Ferrell,
Barbara M. Henley, Clarence A. Hoiland, vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, and Mayor Patrick L. Standing
Council Members Voting Nay:
Meyera E. Oberndorf, and Roger L. Riggs
Council Members Absent:
None
2/2 5/80
- 70-
NEW BUSINESS
(ITEM II-K.1) ITEM #14817
Councilman Riggs introduced the following Ordinance for Council's
consideration.
ORDINANCE REQUIRING CERTAIN ELECTED, APPOINTED
A-qD ED4PLOYED PERSONS OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, TO DISCLOSE CERTAI@@ FI@NANCIAL
AND REAL ESTATE INFORMATION
The following officials and members of their immediate
families who reside in the same household of the City of Virginia
Beach shall, in the month of June, 1980, and each year thereafter
made a written financial and real estate disclosure to the Clerk
of the Council, which shall be a public record:
1. MUIBERS OF CITY COUNCIL
2. ALL COMPE@ISATED APPOINTED
OFFICIALS OF THE CITY COUNCIL
3. ALL DEPARTMENT HEADS
Such disclosures shall include, but not be limited to,
their holdings in any corporation, partnership or any business
association or entity.
The Director of Finance shall be designated agent for
compliance with this ordinance.
The Director of Finance shall prescribe such forms which
shall show sources of income but not amounts of income. Tie real estate
disclosure shall show all real estate interest or holding witliin or out-
side of the City.
Each day of any violation of this provision shall constitute
a separate offense and upon conviction shall be punished as a Class III
misdemeanor.
This Ordinance shall be effective immediatel@,.
Adopted on
It was suggested this ordinance be discussed at a future date.
2/ 25/80
- 71-
ADJOURiiMENT
(ITEM II-L.1) ITEM #14818
On motion by Councilman Merrick, seconded by Councilman Ervin, and
by UNANIMOUS vote, the meeting adjourned at 10:40 p.m.
Diane M. Hickman, Deputy City Clerk
Rufh Hodges S@'th, City Clerk IMay'or Patrick L.
City of Virginia Beach,
Virginia
February 25, 1980
h
2/25/80