JANUARY 14, 1980 MINUTES
CITY OF VIRGINII BEICI
MUNICIPAL CENTER
VIRGINIA E3EACH. VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A, HOLLAND, M.D., B.y@id. B...gb
VICE MAYOR 1. HENRY M@COY JR., D.D.S., K@.p,,ill. B --- gb DONALD W. MERRICK, Ly.@h.@- B.,..gh
JOHN A. BAUM, Bi.@k-t,, B.-.gb MEYERA E. OBERNDORP, At L.,g@
F. REID ERVIN, At L.,g@ 1. CURTIS PAYNE, P,i ... @@ A@.. B.... gb
GEORGE R. FERRELL, A, L.,g. ROGER L. RIGGS, Vigi.i. B ... h B--- gb
BARBARA M. HENL.EY, P-g. B...gh RUTH HODGES SMITH, City Cl.,k
CITY COUNCIL AGENDA
ITE24 I INFORMAL SESSION: Monday, 14 January 1980 - 1:00 p.m.
A. CALL TO ORDER - Mayor Patrick L. Standing
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Housing & Community Development Public Hearing - discussion
2. Remodeling first floor City Hall Building for Commissioner
of Revenue and Treasurer
3. Sandpiper Mini-Mart - Mariner Motel
4. Appointments
ITEM II FORMAL SESSION: Monday, 14 January 1980 - 2:00 p.m.
A. INVOCATION - Reverend Harold Kitzmann
Prince of Peace Lutheran, LC-MS
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETINGS
1. Motion to accept/approve the Minutes of 17 December 1979.
2. Motion to accept/approve the Record of Informal Briefing
Session January 7, 1980.
E. RESOLUTIONS
1. Resolution of Appreciation to the Owners of Rogues Gallery
and Mary's Country Kitchen.
ITEM II E. RESOLUTIONS (continued)
2. Resolution regarding Great Neck Road - Phase II as re-
quested by the officials of Virginia Department of High-
ways and Transportation in order to proceed with the
acquisition of right-of-way for this project.
a. City Manager's letter recommends approval.
F. PUBLIC HF-ARINGS
1. Citizen Advisory Comnittee for Housing and Community
Development.
2. Ordinance upon application of Ocean Owners Council, Inc.
to operate and maintain a bridge across Atlantic Avenue
in the Virginia Beach Borough.
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by one
motion in the form listed. There will be no separate dis-
cussion of these items. If discussion is desired, that item
will be removed from the Consent Agenda and considered sepa-
rately.
1. Request of Ivan Mapp, Commissioner of Revenue, for license
refunds in the amount of $119.23.
a. City Manager's letter recommends approval.
2. Request of Mr. John T. Atkinson, City Treasurer, for tax
refunds in the amount of $1,890.23.
a. City Manager's letter recommends approval.
3. Request of Mr. Jobn T. Atkinson, City Treasurer, for tax
refunds in the amount of $1,102.52.
a. City Manager's letter recommends approval.
4. Bingo/Raffle permit applications as follows:
Ocean Park Volunteer Fire and Rescue
Squad, Inc. Bingo/Raffle
Aragona/Pembroke Little Leauge Bingo
Aragona Community Recreation Center, Inc. Bingo/Raffle
Chesapeake Beach Volunteer and Rescue De-
partment, Inc. Bingo/Raffle
Aragona Village Moose Lodge Bingo/Raffle
Knights of Columbus Bingo/Raffle
Green Run Little League Bingo/Raffle
St. Gregory the Great Catholic Church Bingo/Raffle
ITEM II G. CONSENT AGENDA (continued)
4. (continued)
Plaza Little League, Inc. Bingo
Roma Lodge #254, Order of Italy in
America Bingo
Diamond Springs/Gardenwood Park Civic
League Bingo/Raffle
Church of Ascension Bingo/Raffle
Dance Guild of Virginia, Inc. Bingo/Raffle
Auxiliary of the General Hospital of
Virginia Beach Bingo/Raffle
a. City Manager's letter recommends approval.
H. PLANNING ITEMS
1. Application of C. S. Yoder for a change of zoning from A-1
Apartment District to B-4 Resort Cownercial District on a
.96 acre parcel located at the northeast corner of 29th
Street and Arctic Avenue (Virginia Beach Borough).
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
2. Application of F. Charles Stange for a change of zoning
from R-5 Residential District to 0-1 Office District on a
.89 acre parcel located on the east side of Kempsville
Road, south of Locke Lane (Kempsville Borough).
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval
3. Application of Richard and Bonnie Sechrist for a change of
zoning from R-5 Residential District to B-2 Community-Busi-
ness District on a .88 acre parcel locatedon the west side
of South Witchduck Road, south of Amberly Road (Kempsville
Borough).
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
4. An Ordinance to amend and reordain Article 9, Section 911
of the CZO pertaining to use regulations for bulk storage
yards in the B-2 Community-Business District.
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
ITEM 11 H. PLANNING ITEMS (continued)
5. Application of Chesapeake Fence & Awning Company, Inc.
for a change of zoning from B-2 Community Business Dis-
trict to I-1 Light Industrial District on a two-acre
parcel located at the northwest intersection of Indian
River Road and Reon Drive (Kempsville Borough);
WW, for a conditional use permit for a bulk storage
yard on this same parcel.
a. City Manager's letter transmits the recommendation
of the Planning Commission to allow WITHDRAWAL, as
requested by the applicants, of these two applica-
tions.
6. Application of National Pride Equipment Company, Inc.
for a conditional use permit for a self-service car
wash on a .48 acre parcel located at the southeast inter-
section of Brady Court and South Witchduck Road (Kemps-
ville Borough).
a. City Manager's letter transmits the recommendation
of the Planning Commission for approval.
7. DEFERRED UNTIL TODAY ON DECEMBER 10, 1979.
Application of Hudgins and Associates, Inc. for a con-
ditional use permit for one duplex on a .24 acre parcel
located on the south side of 13th Street, east of Court-
right Avenue (Virginia Beach Borough).
a. City Manager's letter transmits the recommendation
of the Planning Commission for approval.
8. DEFMED UNTIL TODAY ON DECEMBER 10, 1979.
Application of John B. and Virginia M. Smith for a change
of zoning from R-6 Residential District to A-2 Apartment
District on a 1.5 acre parcel located on the north side of
Linkhorn Drive, east of Holly Road (Virginia Beach Borough).
a. City Manager's letter transmits the recommendation
of the Planning Commission for denial.
9. DEFFERED UNTIL TODAY ON DECEMBER 17, 1979.
Application of Kempsville Meadows, Inc. for a conditional
use permit for a self-service car wash on a .357 acre par-
cel located on the south side of Holland Road, west of
Edwin Drive (Kempsville Borough).
a. City Manager's letter transmits the recommendation
of the Planning Commission for approval.
ITEM II I. ORDINANCES
1. General - None
2. Appropriations
a. Second Readings
1. Ordinance to appropriate $55,900 for the
acquisition of defibrillators for the Office
of Emergency Medical Services.
b. First Readings
1. Ordinance to accept grants totalling $76,414
from the Division of Justice and Crime Pre-
vention and to appropriate these funds.
a. City Manager's letter recommends approval.
2. Ordinance to accept a grant totalling $15,450
from the Division of Justice and Crime Preven-
tion and to appropriate these funds.
a. City Manager's letter recommends approval.
3 Ordinance to provide third year funding for the
Clean Community System Program.
a. City Manager's letter recommends approval.
4. Ordinance to accept $35,664 from the Division
of Justice and Crime Prevention and to approp-
riate these funds.
a. City Manager's letter recommends approval.
5. Ordinance to transfer funds of $71,785 for a
mobile refuse container program.
a. City Manager's letter recommends approval.
3. Code Amendments
a. Ordinance to amend Article III of Chapter 37 of the
Code of the City of Virginia Beach by amending
Section 37-39(h) relating to water line fees;
@, an Ordinance to amend Article 1 of Chapter 29
of the Code of the City of Virginia Beach by amend-
ing Section 29-3(h), relating to sewer line fees.
1. City Manager's letter recommends approval.
b. Ordinance to amend and reordain Chapter 6 of the Code
of the City of Virginia Beach pertaining to beaches,
lakes and wharves by repealing Section 6-9;
and, an Ordinance to amend and reordain Chapter 17 of
the Code of the City of Virginia Beach pertaining to
garbage, refuse, waste and weeds by repealing Division
lt definitionsi Division 2: receptacles, and Division
3! Private collectors of garbage, etc.;
n@d, an Ordinance to amend and reordain Chapter 17 of
the Code of the City of.Virginia Beach pertaining to
garbage, refuse, waste and weeds by adding Division It
definitions, Division 2: refuse collection and refuse
disposal, and Division 3: litter control.
1. City Manager's letter recommends approval.
ITEM II J. UNFINISHED BUSINESS
1. Name change, "Virginia Beach Development Council" to
"Virginia Beach Research and Advisory
Council".
2. Appointments: Boards and Commissions
K. OLD BUSINESS - None
L. NEW BUSINESS
1. Request of James R. McKenry, Attorney, for extended
hours of operation for Water-Boggan.
2. Deferral/Cancellation of Council meeting for 18 February
1980 for the Legal Holiday (George Washington's Birthday)
M. ADJOURNMENT
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
January 14, 1980
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in
the Conference Room, in the Administration Building, on Monday,
January 14, 1980, at 1:00 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,
Dleyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
ITEM #14628
Mayor Standin4 entertained a motion to permit Council to conduct
an INFORMAL SESSION to be followed by an EXECUTIVE SESSION for
the purpose of discussing the following:
1. Discussion or consideration of employment, assiqnment,
appointment, promotion, demotion, salaries, discipline or
resignation of public officers, or employees of any public
body. (Personnel Matters)
2. ConsulLation with legal counsel and briefing by staff
members, consultants, or attorneys pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body. (Legal Platters)
On motion by Councilman Merrick, seconded by Councilman Payne, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 11-0
Council Mem-bers Voting Aye:
John A. Baum, P. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
klayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
01/14/80
-2-
Council members Voting Nay:
None
Council Members Absent:
None
HOUSING AND COMMUNITY ITEM #14629
DEVELOPMENT PUBLIC
HEARING
The City Manager discussed with Council the proposed Public Hearing
to be held today (January 14, 1980) in the FOPMAL SESSION concerning
Housing and Community Development Funds.
REMODELING FIRST FLOOR OF ITEM #14630
ADMINISTRATION BUILDING
The City Manager discussed with Council the remodeling Of the
first floor of the Administration Building, indicating he will
put the job "Out on bid."
The City Manager further discussed with Council the Ordin,nce
authorizing the issuance of Public Improverient Bonds of the
City of Virginia Beach, Virginia, in the Maximum amount of
$17,500,000, (Exhibit "A" and Exhibit "B").
This matter will be brought before Council in the FORMAL SESSION
for discussion and vote.
SANDPIPER MINI-MART - MARINER ITEM #14631
MOTEL
The City Manager discussed with Council the Mini-Mart in the Mariner
Motel; and, the opinions of the City Attorney and the Planning Director.
(Exhibit "C" and Exhibit "D").
The City Manager indicated he will have the owner of the Mini-Mart
remove the business sign and also place proper screening around
the store.
ITEM #14632
The City Manager presented to Council a pamphlet on "The Subdivision
Construction Plan Review Process." This pamphlet is the last in a
series of four (4) informational pamphlets informing the public of
the various states of subdivision planning and City offices with
whom they must contact.
01/14/89
-3- EXHIBIT "A"
AN OftDI14ANCE AUTHORIZING THE ISSUANCE
OF PIJBLIC IMPROVE-Y@ENT BozqDS OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, IN THE
MAXI@,@ AMOUNT OF $17,500,000
BY IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINJ-A:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach to construct and improve various
ptiblic facil4-t4-es and imp-@oje-.ien"s,,all o@@ @,71-,-@.ch will promo-@e
the development and public welfare of the City, and to borrow
money for such purposes and issue the City's general obligation
bonds therefor.
2. Pursuant to the authority of the Charter of the
City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as
amended) and the Public Finance Act, as amended, there are
hereby authorized to be issued public improvement bonds of
the City of Virginia Beach in the maximum amount of -ceventeen
Million Five Hundred Thousand Dollars ($17,500,000) to provide
funds, together wi-lh other funds that may be ava@@lable, L@or
the following purposes:
Planning, site acquisition and improvements,
construction, enlargements, renovation and
equipping of school faci'Lit,,ies $ 3,011,000
Dredging Lynnhaven River 141,489
Improvements and ext6nsions to streets and
highways, including construction and improve-
ment of surface drainage facilities and right
of way acquisition 5,803,336
Planning, site accuisition and improvements,
construction, enlargements, renovation and
equippin-. of niunicipal bu,-ldings, including
arts and conference center, adt-inistration
building and riari-ne science uiuse,-Mi 6,420,174
Planning, site acquiS4tion and renovation,
and construc,lion and eqiii-lipin@ of Boach
Borough parkin@. lots 234,629
Develooment of new parks, i-mprovements at
e.,,isting parks and renovation of community
center 1,889,372
Total $17,500,000
-4-
2
Any amounts not needed for any of such purposes may be used
for any other of such purposes.
3. The bonds shall bear such date or dates, mature
at such time or times not excee'ding forty years from their
dates, bear interest at.s'uch rate or rates not exceeding the
maximum rate permitted by law at the time the bonds are sold,
be in such denominations and form, be executed in such m--nncr
and be sold at such time 6r times and in such manner, including
the sale of the same as one or more separate issues or in com-
bina-lion with the sa'@e of general obligation bonds heretofore
or hereafter authorized for similar or other purposes, as the
Council shall hereafter provide by appropriate resolution or
resolutions.
4. The bonds shall be general obligations of the
city of Virginia Beach for the payment of principal of and
interest on which its full faith and credit shall be irrevocably
pled-,ed.
5. This ordinance shall take effect immediately.
Approved this 21st day, of January, '@980
By
Mayor
First Reading.
Second Reading:
EXHIBIT "B"
1-14-80
CITY OF VIRGINIA BEACH, VIRGINIA
1980 CHARTER BOND ISSUE AND FY '981 REVENUE SHARING ALLOCATION
DECEMBER 31, 1919
SUMMARY
1980 FY 1981
Charter Revenue
Bonds Sharing
Schools $ 3,011,000 $ 2,262,796
Engineering and Highways 5,944,825 2,137,787
Buildings 6,6@14,803 653,568
Parks and Recreation 1,889,372 145,849
TOTAL $ 17,500,000 5,200,000
01/14/80
-6- 1-14-80
CITY OF VIRGINIA BEACH, VIRGINIA
1980 CHARTER BOND ISSUE AND FY 1981 REVENUE SRARING ALLOCATION
DECEMBER 31, 1979
1980 FY 1981
Charter Revenue
Bonds Sharing
SCHOOL PROJECTS
1-405 Virginia Beach Junior High School Modernization 200,000 -
1-609 Princess Anne High School Renovation 281,000 -
1-803 Green Run Elementary #2 1,440,000 -
1-804 Career Development Center 1,000,000 -
1-900 Elementary School on Providence Road - 785,000
1-903 Center for Effective Learning-Bus Road .40,000 -
1-904 New Cox Senior High - 1,477,796
1-913 bld Donation Gifted School 50,000* -
TOTAL SCHOOLS $ 3,011,000 $2,262,796
ENGINEERING AND HIGHWAYS PROJECTS
2-106 Birdneck Road-Phase I $ - $ 164,107
2-302 Princess Anne Rd-Phase I 73,000
2-405 Lynnhaven Parkway-Phase II - 121,828
2-412 Va Beach Blvd-Phase 1 179,000 -
2-509 Pleasure House Road-Phase I 526,283
2-712 Dredging Eastern Branch Lynnhaven River 141,489 563,569
2-800 Lynnhaven Colony Drainage 20,000 -
2-801 Cleveland Street 109,402
2-804 North Beach Storm Drainage-Phase 11 941,000
2-806 Indian River Road-Phase II 2,277,434 -
2-807 Lynnhaven Pkwy-Phase IV 633,000 -
2-816 Highway Safety Improvements** 515,000 -
.2-817 Chesapeake Beach Drainage 410,000 -
2-819 Ocean Park Storm Drainage 298,500 -
$450,000 is presently available for this project.
Including but not limited to projects on attached list.
2
01/14/80
CITY OF VIRGINIA BEACH, VIRGTNIA -7- 1-14-80
1980 CHARTER BOND ISSUE AND FY 1981 REVENUE SliARING ALLOCATION
DECEMBER 31, 1979
1980 FY 1981
Charter Revenue
Bonds Sharing
ENGINEERING AND HIGHWAYS PROJECTS (concluded)
2-821 Diamond Lake Estates Drainage $ 135,000 $ -
2-823 Salem Canal Improvements - 15,000
2-925 Lake Pembroke Spillway - 130,000
2-902 North Beach Storm Drainage-Phase III - 55,000
2-913 Nanney's Creek Bridge - 218,000
2-916 Cedar Hill Canal - 250,000
2-917 Head River Bridge - 15,000
2-920 Lake Shore Drainage 15,000 -
2-924 Cape Story-Cape Henry Drive 6,000
2-925 Northampton Boulevard 80,000 -
2-926 Atlantic Avenue Beautification 50,000 -
2-927 Davis Corner/Aragona Village Drainage 10,000 -
2-928 Virginia Beach Boulevard-Phase Ill 60,000 -
2-930 Salem Road 55,000 -
2-939 Dozier's Bridge 15,000 -
TOTAL ENGINEERING AND HIGHWAYS $ 5,944,825 $ 2,137,787
BUILDING PROJECTS
3-302 Pavilion (Virginia Beach Convention Center) $ 6,006,026 $ -
3-401 Administration Building Addition 314,148 -
3-616 City Garage Expansion - 241,314
3-714 Kings Grant/Little Neck Branch Library 40,000
3-825 Fire Training Center-Phase III - 266,883
3-928 Marine Science Museum Study 100,000 -
3-929 Parking Lots Beach Borough 234,629 35,371
3-930 Renovation Recreation Offices - 70,000
TOTAL BUILDINGS $ 6,654,803 653,568.
3
01/14/80
8-
CITY OF VIRGINIA BEACH, VIRGINIA 1-14-80
1980 CHARTER BOND ISSUE AND FY 1981 REVENUE SHARING ALLOCATION
DECEMBER 31, 1979
1980 FY 1981
Charter Revenue
Bonds Sharing
PARKS AND RECREATION PROJECTS
4-202 Bayville Farms Park $ 200,000 -
4-306 Great Neck Park 977,703 -
4-504 Fairfield Neighborhood Park .116,850 -
4-507 Munden Point Park 296,000 -
4-606 Renovation of Bow Creek Community Center 298,819 -
4-702 Brigadoon Park - 50,000
4-802 Woodstock Park - 95,849
TOTAL PARKS AND RECREATION $ 1,889 372 $ 145,849
GRAND TOTAL $17,500,000 $5,200,000
4
01/14/80
-9- 1-14-80
LIST OF HIGHWAY SAFETY IMPROVEMENTS
Centerville Turnpike at Kempsville Road (N.E.S. WBL)
Holland Road at Princess Anne Road - Right Turn Lane
Shipps Corner Road at London Bridge Road - Right Turn Lane
Holland Road at Landstown Road - Right Turn Lane
Laskin Road at Eastern qhore Chapel - East Bound Lane
Northampton at Shell Road Right Turn Lane
01/14/80
-10- EXHIBIT "C"
Cit@ C>f NTir-wi@i@
J. DALE SIMSON MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BEACH, VIRGINIA 23456
f$04) 427-4S31
January 14, 1980
The Honorable Mayor
Members of Council
City of Virginia Beach
Re: Sandpiper Mini-Mart
Dear Mr. Mayor and Members of Council:
I have reviewed the comments of the Zoning Inspector
and the Director of Planning concerning the zoning of the
Sandpiper Mini-Mart and I am in agreement with their findings.
It would be difficult to prove a violation of the
zoning ordinance concerning this matter for the following reasons:
1) It would appear that the te= "convenience goods"
allows whatever goods the motel owner feels the patrons of his
motel may require.
2) A retail merchants license was obtained for this
establishment under the name of Sandpiper Mini-Mart/Convenience
Store and this business license was approved for this zoning
when obtained.
Therefore, based on these reasons, the City would have
a weak case if we pursued this civilly or criminally.
Yours very truly,
Dale BimsonZ@
CC: City Manager
Director of Planning
Zoning Inspector
01/14/80
EXHIBIT "D@'
INTER-OFFICE CORRESPOUOENCE
DATE: January 11, 1980
TO: George L. Hanbury DEPARTMENT: Executive
FROM: Robert J. Scott DEPARTMEN7-: Planninq
SUBJECT: Sandpiper Mini-Mart Mariner Motel
There is a small convenience store called the Sandpiper Mini-Mart operating within
the Mariner Motel complex. I have been asked for my opinion as to whether the
operation of this store conforms to the intent of the Comprehensive Zoning Ordinance,
which allows convenience stores as accessory uses to motels in the H-1 District.
Having carefully examined the code, I feel it is the intent of the CZO to allow
small commercial establishments to provide convenience services intended to meet
the needs of the motel customers. I do not feel it is the intent of the CZO to
allow such establishments to direct their services toward patronage by those other
than guests of the motel in question.
I believe the key issue is the means a zoning ordinance should employ to fairly and
appropriately bring about the desired intent. It is important to note that a zoning
ordinance is a land use regulation and not a business regulation. As such, I be-
lieve it may appropriately regulate certain aspects of appearance, location, size,
and nature of a business, but there are other aspects of a business which are not
properly regulated by a zoning ordinance. It is also important to note that acces-
sory uses under the CZO are allowed as a matter of right, and are not conditional
uses. As such, I believe their regulation must properly be by objective standards
set in the code, and not by subjective judgment.
The CZO sets such objective standards. Section 111 provides a definition for
"accessory use", and provides three general requirements which must be met by all
accessory uses. The two requirements rolevant here are, (1) the use must be clearly
indidental to, and customarily found in conjunction with, a principal use, and
(2) the use must be operated substantially for the convenience of the customers.
Additionally, Section 701(b)(1) sets certain requirements specific to accessory
convenience Stores related to motels in the H-1 District. The most pertinent of
these are (3) the store must be designed and scaled to meet the requirements of
occupants and guests, and (4) there must be no evidence of its existence from out-
side the property line. I believe the Sandpiper Mini-Mart must be judged as opera-
ting within the intent of the CZO if and only if it meets each of these four require-
ments.
Having visited the site and examined the premises, I can offer the following assess-
ment of how this particular establishment measures up to the four requirements:
(1) Incidental to an accessory use - I believe this neans that there may be
no question that the primary and most important use of the property is
other than the accessory use in question. This store is clearly secondary
01/14/80
-12-
in importance to the Mariner Motel. This requirement also means that
the connection between accessory and principal use must be a common
one. It is my opinion that the type of convenience items sold (cigar-
ettes, soft drinks, basic convenience foods, etc.) are frequently
enough sold in conjunction with a motel.
(2) The use must be substantially for the convenience of the customers.-
This is perhaps the most difficult. Means of measuring compliance with
this requirement might be size of inventory (there were very seldom
more than four or five of the same item, and sometimes only one),
relation of type of item to needs of guest (I found the most questionable
item to be dog food, which is related reasonably enoughl and size of
the items in stock (I found most to be of individual or personal size
as opposed to family or economy size). The important point is that the
regulation includes the word "substantially" and not "exclusively". I
do not believe this regulation prohibits non-guests from patronizing
the store, but I do believe it prohibits the store from doing anything
to attract such non-guests. With one small concern, which I will address
later, I believe this regulation is met.
03) The store must be designed and scaled to meet the requirements of
occupants and guests - The store is 600 square feet in size, with inven-
tory as described above. The door is on the side with no advertising
signs or names on the front. I believe this requirement is met.
(4) Evidence from outside the property line - There is one small sign (about
one square foot) announcing hours of operation, with a flood light aimed
at it, and careful study of photographs shows evidence of merchandise
(potato chips) visible -from Atlantic Avenue. Strictly speaking, I
believe this requirement is not met. However, I believe this situation
can be remedied by removal of the sign and light, and by more complete
screening of the front window.
In conclusion, if the modifications mentioned above are made, I feel that this type
Of convenience store is the type of store the code intends to allow as an accessory
use to a hotel in the H-1 District. This is my opinion alone. The City Council ma,y
wish to amend the code to change or clarify its intent, but I do not believe such
an amendment would affect this establishment.
RJS:lmg
cc: J. Dale Bimson
Patrick A. Janezeck
01/14/80
-13-
ITEM #14633
The City Manager presented the Annual Report from the Department
of Parks and Recreation. The City Manager commended the employees
of the Parks and Recreation Department for their dedication and
@llinqness to provide recreation for the citizens of Virginia
wi
Beach.
ITEM #14634
Mayor Standing appointed the following to the "MAYOR'S COMPLETE
COUNT COMMITTEE" to aide in informing the citizens of Virginia
Beach the importance of the 1980 Census:
COMMUNITY REPRESENTATIVES
Sharon Quillen Adams
League of Women Voters
James M. Bailey
NAACP
Mary Ellen Cox
Catholic Community
Christopher Dickon
WHRO-TV
C. G. Harris
Tidewater Builders Association
W. Wright Harrison
Virginia National Bank
Dennis O'Hearn
Continental Telephone Company
Skip Hendricks
Innkeepers of Virginia Beach, Inc.
Edwin C. Kellam, Jr.
Council of Civic Organizations
Jayne Lawless
Pembroke Mall Merchants Association, Inc.
Thomas Matthews
Martin Agency/Tidewater
Captain Danny J. Michaels
Conunanding Officer
Oceana Naval Air Station
Doctor George B. Pass
Tidewater Corununity College
William Peachy
Student Cooperative Association
01/14/80
14-
M. Thomas Pendergrass
Virginia Wesleyan College
Honorable Owen B. Pickett
House of Delegates
Roger M. Pierce
Cox Cable Television
Mary C. Russo
Volunteers
Stu Schwarzer
Boy Scouts
Beulah G. Thorpe
Council of Garden Clubs
Austin Wilkins
Pembroke Realty and Insurance Agency, Inc.
AGENCY REPRESENTATIVES
Doctor E. E. Brickell
School Administration
Edwin S. Clay, III
Assistant to the City Manager
Ernest R. Cockrell
Agriculture
Debbie Devin
Parks and Recreation
Charles G. Hassen
Planning
Harold D. Hubbard
Housing and Community Development
Pamela L. Lingle
Public Information
Judith M. Mueller
Public Utilities
Carolyn L. Powell
Libraries
David Sullivan
Planning
Eunice Whitehurst
Social Services
City Council recessed to the EXECUTIVE SESSION, (1:35 p.m.), for
briefing prior to the FORMAL SESSION in the Council Chambers.
01/14/90
-15-
FORMAL SESSION
ITEM #14635
Monday, January i4, 1980
2:00 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. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
INVOCATION was given by the Reverend Harold Katzmann, Prince of Peace
Lutheran, LC-MS.
PLEDGE OF ALLEGIANCE
(ITEM II-D.1) ITEM #14636 MINUTES
On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the Minutes of the Regular meeting of
December 17, 1979, with a CORRECTION to Item #12591(a), page fifteen
(15), Councilwoman Oberndorf seconded the substitute motion of Council-
man Merrick .
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
01/14/30
16-
Council Members Absent:
None
(ITEM II-D.2) ITEM #14637
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to APPROVE the Minutes of the Informal Briefing of
January 7, 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
(ITEM II-E.1) ITEM #14638 RESOLUTIONS
R E S 0 L U T I 0 N
0 F
A P P R E C I A T I 0 N
WHEREAS, Nabil Kassir and Ed Ruffin, Owners, have made great stride
in their renovation of Rogues Gallery and Mary's Country
Kitchen on Virginia Beach Boulevard at Mediterranean and
Cypress Avenues; they have added increased value to the
real property in Virginia Beach; and,
WHEREAS, This beautification increases the aesthetic appearance of
two prominent commercial establishments, as well as their
adjacent parking area, thereby evidencing the conununity
concern of these two businessmen whose time, effort and
money will benefit the over-all citizenry in Virginia Beach.
This was not invitednorsolicited by either the City Council
or the staff, but is recognized with deep appreciation.
01/14/80
-17-
NOW, TIIEREFORE, BE IT RESOLVED, That the City Council does, by adop-
tion of this Resolution, here now express in its behalf,
and that of the citizens it serves, sincere gratitute for
the efforts and contributions of Nabil Kassir and Ed Ruffin
to the overall program to attract tourists and be more
attractive to the people who live in Virginia Leach.
Civen under my hand and seal this Fourteenth day of January, Nineteen-
hundred and Eighty.
Patrick L. Standing
Mayor
City of Virginia Beach
Mr. Nabil Kassir accepted the Resolution of Appreciation for himself
and also Mr. Ed Ruffin, who was unable to attend today's meeting.
on motion by Councilman Ferrell, seconded by Councilman Holland, City
Council voted to ADOPT the above Resolution of Appreciation, and pre-
sented same to Mr. Nabil Kassir.
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 Meinbers Absent:
None
01/14/80
-1 8-
(ITEM ii-E.2) ITEM #14639 RESOLUTION
R E S 0 L U T I 0 N
WHEREAS, Section 33.1-89 of the Code of Virginia, as
amended by the 1970 Session of the General Assembly, authorizes
the State Highway and Transportation Commissioner to acquire
rights-of-way for the construction, reconstruction, alteration,
maintenance and repair of public highways within Municipalities
on projects which are constructed with State or Federal participation;
and,
WHEREAS, Section 33.1-89, as amended, further provides
that the State Highway and Transportation Cominissioner may exercise
such authority only upon receipt of official request from the City
or Town involved.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
Virginia Beach, Virginia, hereby requests the State Highway and
Transportation Commissioner to acquire the necessary rights-of-way
for the GREAT NECK ROAD, PHASE II project within the Corporate limits
of said City and to convey the title to such rights-of-way to the City
of Virginia Beach and agrees to reimburse the State Highway and Trans-
portation Department for FIVE PERCENT (5%) of all costs incurred in
the acquisition and conveyance of such rights-of-way; and, it is
understood that such acquisitions will be handled by the Coru-iissioner
under established policies and procedures and his decision in all
instances will be final.
c@ COUNCIL OF Virginia Beach
By
Mayor
ATTEST:
February 1 19 80
corrected Ordinance.
01/14/80
-19-
On motion by Councilinan Merricki seconded by Councilman Ervin, City
Council voted to ADOPT the above Resolution requesting the State
Highway and Transportation Commissioner acquire the necessary rights-
of-way for the Great Neck Road, Phase II project; with the following
CORRECTION (which has been corrected in above Resolution):
..."and agrees to reimburse the State Highway
and Transportation Department for FIVE
PERCENT (5%) of all costs incurred in the
acquisition
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, vice
Playor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick t. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-F.1) ITEM #14640 PUBLIC HEARING
The City Manager introduced Reverend Barnett Thorougood, Chairman of
the Citizens Advisory Committee for Housing and Community Development.
Reverend Thorougood introduced the following Cominittee Members:
Mr. Sam Houston
Mrs. Elizabeth McClane, Secretary
Reverend Cla@rence Morgan
The following appeared before Council concerning this matter:
Mr. William H. Woodhouse - regarding problems on
Alberta Drive in the Little Neck area of the
City, and requested assistance.
Mr. John C. Haynes, representing Mill Dam Civic
League, requesting recreational areas for the
children in the area; and, water and sewer.
01/14/80
-2 0-
Mr. J. C. Harris, representing Stumpy Lake Civic
League, requesting assistance with drainage
problems in the area.
Mrs. Ella M G:tlop, representing United Civic
, r:@ -providing good
League que ng assistance
drainage to the area; water and sewer; and,
widening the roads in the area.
Mrs. R. H. Summers, repre8enting the Lake Smith
area, requesting water and sewer; street
repair; and, repairs to homes.
City Council and the Citizens Advisory Committee indicated they
would take all the requests under advisement.
(ITEM II-F.2) ITEM #14641
Mr. Norris Halpren, Attorney, representing Ocean Owners Council, Inc.
On motion by Councilman Riggs, seconded by Councilman Merrick, City
Council voted to REVOKE the license of MortgE@e Investors of
Washington, Inc., and ADOPT the following Ordinance leasing to
and granting permission to Ocean Owners Council, Inc., to operate
and maintain a bridge across Atlantic Avenue just North of 40th
Street in the City of Virginia Beach upon certain conditions and
repealing a prior Ordinance pertaining thereto:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
klayor 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
01/14/80
-2 1-
Ali CRDINANCE L.EASING TO AND ING
PEP,MISSICN TO OCEAN @EFS COUNCIL, INC.
TO OPERATE AND MAINTAIN A BRIDGE
ACROSS ATLANTIC AVENUE JUST NOR'IH OF 40th
STREET IN THE CITY OF VIRGINIA BEACH UPON
CERIAIN CONDITICNS AND REPEAL@ A PRIOR
ORDINAI,ICE PERTAINING THERETC)
BE IT ORDAINED BY THE CAJNCIL OF TIIE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That permission be hereby granted to Ocean Owners Council, Inc., a
Virginia Corporation, (hereinafter referred to as the Owners Council) to operate
and rmintain a bridge across Atlantic Avenue just North of 40th Street in the
City of Virginia Beach, Virginia, and to that extent encroach therecn so as to
provide access to and from buildings comprising the Oceans Gc)ndominium Lpon the
following terffs and conditions.
(a) The bridge shall be of a type and shall be so cperated and
maintained so as not to interfere unreasonably with the public easernent of
travel in Atlantic Avenue and shall not have less than a minimln clearance of
sixteen feet, and the bridge shall not contain or have placed therecn any name,
lettering or device intended for identification, advertising or publicity
purposes.
(b) Any construction, reconstruction, repair, operation and
naintenance of the bridge shall be done in a manner satisfactory to the Director
of Public @brks and the Building Official and at such elevation and with such
materials as are substantially in accord with the Building official and at such
elevation and with such materials as are substantially in accord with the
blueprint copies of the plans made by William & Tazewell & Associates, Inc.,
Architects and Engineers, attached to the draft of this ordinance. 1,)0 %ork of
construction, reconstruction, repair, maintenance or removal of the bridge shall
be @nced until the permit or permits thereof have been issued by the
Director of Public ;%brks and the Building Inspector, which pennits the Director
of Public hbrks and the Building Inspector shall have the right to revoke
in the event the construction, reconstruction, repair, maintenance,
01/14/80
-2 2-
operation or removal of the bridge shall not in all respects conform tb. the
provisions of this and all other ordinances of the City relating thereto and the
requirements of the Director of Public Works and the Building Inspector.
(c) The Owners Council shall at all times keep the bridge in
proper repair and shall make such repairs thereto from time to time as the
Director of Public Works and Building Inspector shall deem necessary for the
safety of persons using the public streets of the City, and their property.
(d) The Owners Council shall restore and replace such portions
of Atlantic Avenue and any public utility of the City disturbed by reason of the
construction, reconstruction, repair, maintenance, operation or removal of the
bridge in a manner satisfactory to the Director of Public Works and the Building
Inspector, and with materials approved by them. When because of the
maintenance, operation, construction, reconstruction and repair, existence or
removal of the bridge, the safety of vehicles or persons using the public
streets of the City, in the opinion of the Director of Public Works and the
Building Inspector requires that Atlantic Avenue or any public utilities of the
City therein be replaced, restored or repaired, the Owners Council shall
restore, replace or repair the street or the utilities therein when required by
such Director and in a manner with materials that are satisfactory to them. The
work of restoring, repairing or replacing Atlantic Avenue and any public utility
of the City therein shall not be commenced until the permit therefor has been
issued by the Director of Public Works in which pemit the Director shall
reserve the right to revoke the same in the event that the work of restoring,
repairing or replacing the streets or utilities shall not confonn in all
respects, including materials, to the requirements of the Director of Public
Works; whereupon the work of restoring, repairing or replacing a street or
utility shall be done by the City and the costs thereof shall be paid by the
Owners Council.
(e) When because of the construction, reconstruction, repair,
maintenance, operation, existence or removal of the bridge the public utility or
a corporation that has been granted a franchise or permit by the Council of the
2
01/14/80
-2 3-
City of Virginia Beach to use the streets of the City for its purposes is
disturbed or in any way affected thereby the Owners Council shall reconstruct,
repair, and replace such utility in a mamer satisfactory to and under the
supervision of the corporation to which the franchise or pemit has been granted
to operate the utility affected.
(f) The Owners Council shall pay to the City annually for the
privilege herein granted a sLn equal to One Dollar ($1.00) for each square foot
of area over Atlantic Avenue occupied by the bridge. Said sum shall become due
and payable on the first day of each calendar year the bridge is in existence.
(g) ne Owners Council shall indemnify, reimburse and save the
City harmless frcm all charges, damages or costs the City may be required to pay
or otherwise sustain for whatever reason as a result of construction,
reconstruction, repair, maintenance and operation of the bridge and the
existence or retnoval thereof.
(h) @e Owners Council shall furnish the City oertificates of
insurance indicating that the owners Council has in effect Ccmprehensive General
Liability Insurance with Standard Endorsement Number Glll executed, naming the
City as additional insured, to indemnify and re@urse the City for all charges,
damages or costs that it rmy be required to pay or otherwise sustain by reason
of the construction, reconstruction, repair, maintenance, operation, existence
or removal of the bridge. Such contract of insurance shall be written by a
y approved by the City Attorney, and the limits of coverage for such
Ccnprehensive General Liability Insurance shall be $1,000,000 Bodily injury
Liability, each occurrence, and $250,000 Property Damage Liability, each
occurrence. The Owners Council shall pay all premims chargeable for the
acquisition and maintenance of such liability insurance and shall keep the same
in full force and effect at all tiims during the existence or renmal of the
bridge. ne contract of insurance shall contain a provision that it shall not
be teminated or otherwise allowed to expire prior to sixty (60) days after
written notice to that effect is given to the Director of Public Works and
Director of Finance of the City.
3
01/14/80
-24-
(1) The Owners Council@shall furnish the City a bond with
c6rporate surety approved by the City Attorney, in the sum of
Dollars conditioned upon removal of the bridge by the Owners Council promptly
upon being ordered so to do by the Council of the City or upon the repeal of
this ordinance or upon the failure, refusal or neglect of the Owners Council to
comply fully and in all respects to the provisions of this or any other
ordinance of the Council of the City relating thereto. The Owners Council shall
pay all premiums chargeable for the bond and shall keep the same in full force
and effect at all times during the existence or removal of the bridge. The bond
shall contain a provision that it shall not be terminated or otherwise allowed
to expire prior to sixty (60) days after written notice to that effect is given
to the Director of Public Works and the Director of Finance of the City.
(i) This ordinance is adopted pursuant to the power granted to
the Council of the City of Virginia Beach pursuant to Section 15.1-376.1, Code
of Virginia and is subject to all franchises and permits heretofore or hereafter
granted by the Council to use the public streets of the City. The adoption of
this ordinance is not intended to offer or grant a franchise and the Council
hereby expressly reserves the right at any time to amend or repeal this
ordinance. Upon the repeal of this ordinance or upon the demolition of such
building or buildings, whichever shall happen first, the Owners Council shall
remove the bridge and repair, replace or restore any portion of Atlantic Avenue
and public utilities therein damaged, disturbed or destroyed with such materials
and in such a manner as to satisfy the requirements of the Director of Public
Works. Upon the amendment of this ordinance the Owners Council shall in all
respects comply therewith. Upon the dissolution of the Owners Council or the
revocation or forfeiture of its charter, or the failure of the Owners Council to
continue to engage in the business in which it is now engaged, or the sale or
conveyance of the property connected by the bridge or either parcel thereof, or
the failure, refusal or neglect to keep the liability insurance contract and
bond in full force and effect at all times during the existence of the bridge,
the Owners Council shall remove the bridge and repair, replace and restore any
4
01/14/80
-2 5-
portion of Atlantic Avenue or any public utilities therein damaged, disturbed or
destroyed thereby in a manner and with such materials, as to satisfy the
Director of Public Works. Upon the failure, refusal or neglect of the Owners
Council to comply with the provisions of this paragraph, the City shall have the
right to perform the Owners Council's obligation hereunder at the cost and
expense of the Owners Council without liability to the Owners Council for damage
sustained by the Owners Council on account thereof.
(k) Any failure, refusal or negl6ct to confortn fully with the
provisions of this ordinance or any amendment or revocation or repeal hereof by
the Owners Council shall constitute a misdemeanor. Each days failure, refusal
or neglect shall constitute a separate offense.
2. This ordinance shall not become effective until the Owners Council
file with the City Clerk an acceptance in writing of each and every provision of
this ordinance in form satisfactory to the City Attorney, said letter
constituting an agreement on the part of the Owners Council to be bound thereby
and to comply therewith. The Owners Council shall not exercise the privileges
granted in this ordinance until they shall have furnished the liability and
insurance contract and bond as provided in this ordinance.
3. This ordinance expressly repeals the ordinance adopted by the
Council of the City of Virginia Beach, Virginia on April 22, 1974, granting
permission to Mortgage Investors of Washington, Inc. (Oceans Condominium Corp.)
to construct, operate and maintain a bridge across Atlantic Avenue just north of
40th Street in the City of Virginia Beach, upon certain conditions.
4. The provisions of this ordinance shall be in full force and effect
from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, on the 14
day of January 1980.
RHM/kg
9/10/79
01/14/80
-2 6-
(ITEM II-G.1) ITEM #14642 CONSENT AGEIIDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE tioTION IN
THE FORM LISTED:
On motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the following license refunds in the
amount of $119.23:
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 Me@ers Absent:
None
01/14/80
-2 7-
AN O;ZL)Tl,'PIICI@, ALJ'I'110f',IZIT@@'; U@!DS
UPO.'@ O" Cl-k'i'iiIN P@:RSC)7@s AND
UPO'Li CEI@'PTr-'ICA'L'.10N OF Til,@-@, CO@-lMIS@,IO@"ER
OF TIIE REVENUE
131'7, -IT ORDI%INED BY Till,.'. COUTIC-FL OF TIIL CITY OF VIRGINIA Jkr-'ACII, VII@-l@IIA:
Tli@it tlic followillg aPPlicatic)"s for lic,?.nsc r,fun(is, upc)ll certi!:
of tlie Commissioner of the Revenuc are hereby apprOl7Cd:
iq@s E--DX F,
YEAR PAID BASE PENAI,TY INT. TOTAL
Dax,id Lee Tackett 1 97 7 -7 9 197@-79 -7 6. 5,2
1706 E. 1st St.
ADt. B-3
Andersoii, Ind.
George H. Cross
,,/A Gcorges Gallc,.y
2 2524-A Prs.,'1/2nne Rd.
Va. Beacli, Va. 23457 1977-79 1977-79 42.71
Ce,Yf-if-i-ed is to i-,avTiienll-:
COITUII -i- s s @LC)ll C-'b
Approved as to form:
City Attorney
The above abatcment(s) totaliiig $ 11,9--23 I-;ere approved by the
CC)II11cil Of til,- City of 1,7ircTi!iia J,,e,-Icll ula the 14 day of January
01/14/80
-2 8-
(ITEM II-G.2) ITEM #14643
On inotion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the following tax refunds in the
amount of $1,890.23:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Batbara 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
01/14/80
@29-
A 1,@
ol., C;'- VI l@C, L14 'A
!.o' lo,qin3 fc)r
are liercl)y @i,)proved:
TAX
TY!@l-. L)'O@IIER- DI@TE
I'A!4 @Tz 0
YEA OF TA@ TI N N( PAID ENALty 'i j,
R. 7 @j 10/.5 11/12 6 /79
I ", .
Ernest C. 79 ')-,278 6/1/79
-)ti i7n lllissel.1 A. 79
I 13/i 1-8 11./2/79
C,@)stf,r), Czircil A. 79 i@p 740@' 5 9
80 -7925'-9 (I/',) 11/,r/79
2 1.
rr
;'sLnte so O'c' 5 (1/2) 1 1/71/ 7 9
70 pr 11 3!@ f)7 5 1,@ /'7 0 o@
& 79 (1/2)
/0 y,-
I I;,'@l 5-3 10/11,/79
R.A. & ii.V. 76 1-1/9/76
1( r '@l . @l .7 r) i-@ @rql.,9 (2/2 -,7 7 2 . 2
-II)ove ;abill-einelit (s) o t Cerr4)ifi ed a-- to "i
wc-.rc!
-y of Virgiiiia
I,c Couricil of tlie Cit
clich on the 4 day of anuary
T. ri@
J
ttl)provcd as to foiin:
it -f, St-n-i*.-th-,
c i L y@' A
- 30-
(ITEM II-G.3) ITEM #14644
on motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the following tax refunds in the
amount of $1,102-52:
Voting: 11-0
Council '@lembers 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
01/14/80
i@
T@ @l 1 i.A
f I I
7-- a e Ii i.-c y app :ov (1:
$ 1 l@ 0
T,'@@ 1 TYP)@ I)A'.('E
./t, IT'
Y @,A I -OF TION N P"KTD -@Fl@Al,tY 11@Ti
TI, 7 C)
_2 1:1 n,, 101-142 I? 12'71 79 '2.
C. 9 25.
i-i,,! 1, l@,i L. n -,C)
70 23(')9r) "7 0
F. 7() cl) 1 5. "i
C, 7 ,I, 1 (@@1,38 -79 1 3/@
pp I 1- --) 1Z@3 Lrl,.120 70
ti l,ti C D 712'9 12
li(2 il)nve -is to
-by
lie Couticil of the Cl.ty ()f Virgi,iiia
each on the _ 14 day of january_.
Approvcd
as to
litli 11. Sini,tli, (:ity (-,Ii@rk
J. 1),11(2 ]@iiiif;on, CiLy At.,,,@,
- 32-
(ITEM II-G.4) ITEM #14645
On motion by Councilrian Baum, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the following Bingo/Raffle Permits:
Bingo/Raffle Ocean Park Volunteer Fire and
Rescue Squad, Inc.
Bingo Aragona/Pembroke Little League
Binao/Raffle Aragona Community Recreation
Center, Inc.
Bingo/Raffle Chesapeake Beach Volunteer Fire
and Rescue Department, Inc.
Bingo/Raffle Aragona Village Moose Lodge
Binao/Raffle Knights of Coluribus
Bingo/Raffle Green Run Little League
Bingo/Raffle St. Gregory the Great Catholic
Church
Bingo Plaza Little League, Inc.
Bingo Roma Lodge #254, Order of Italy
in America
Bingo/Raffle Diamond Springs/Gardenwood Park
Civic League
Bingo/Raffle Church of the Ascension
Bingo/Raffle Dance Guild of Virginia, Inc.
Raffle Auxiliary of the General Hospital
of Virginia Beach
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarende 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
01/14/80
- 3 3-
(ITEM II-H.1) ITEM #14646 PLANNING AGENDA
Mr. Grover C. Wright, Jr., Attorney, represented the applicant.
on motion by Councilman Riggs, seconded bv Councilman Holland, City
Council voted to uphold the recommendations of the Planning Commission
and APPROVE the Ordinance upon application of of C. S. Yoder for a
Change of Zoning District Classification from A-1 Apartment District
to B-4 Resort-Commercial District; subject to the four (4) conditions
outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF C. S. Z0180474
YODER FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 APARTMENT
DISTRICT TO B-4 RESORT-COMMERCIAL
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of C. S. Yoder for a Change of Zoning
District Classification from A-1 Apartment District to B-4 Resort-
Commercial District on certain property located at the Northeast
corner of 28th Street and Arctic Avenue, running a distance of
300 feet along the t@orth side of 28th Street, running a distance
of 140 feet along the Eastern property line, running a distance
of 300 feet along the Northern property lihe and running a dis-
tance of 140 feet along the East side of Arctic Avenue. Said
parcel contains .96 acres. Virginia Beach 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. Filling of this site will not be allowed
without the proper permits.
1
4. Right-of-way improvements will be necessary
along both 28th Street and Arctic Avenue;
this includes pavement widening, curb and
gutter, sidewalk, and drainage facilities.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of January 1980
Voting: 11-0
01/14/80
- 34-
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
(ITEM II-H.2) ITEM #14647
Mr. Grover C. Wright, Jr., Attorney, represented the applicant.
Reverend Tyre, Keystone Church, appeared in opposition.
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City
Council voted to uphold the recommendations of the Planning Commission
and DENY the Ordinance upon application of F. Charles Stange, Jr., for
a Change of Zoning District Classification from R-5 Residential District
to 0-1 Office District:
Ordinance upon application of F. Charles Stange, Jr., for a Chanqe
of Zoning Diitrict Classification from R-5 Residential District @o
0-1 0 ffie D str, ct on certain property located on the East side of
Kempsville Road beginning at a point 145.63 feet South of Locke Lane,
running a distance of 124.84 feet along the East side of Kempsville
Road, running a distance of 297.29 feet along the Southern property
line, running a distance of 125 feet along the Eastern property line
and running a distance of 298.90 feet along the Northern property
line. Said parcel contains .89 acre. Kempsville Borough
Voting: 8-3
Council Members Voting Aye: (for denial)
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, Roger L. Riggs, and Mayor
Patrick L. Standing
01/14/BO
- 35-
Council Members Voting Nay:
John A. Baum, Clarence A. Holland, and J.
Curtis Payne
Council Members Absent:
None
(ITEM II-H.3) ITEM #14648
Mr. Beril Abraham, representing the applicants, appeared in favor.
Mr. Abraham noted the property in question was known as the@carroway-
Hicks Housb!
On motion by Vice Mayor McCoy, seconded by Councilman Holland, City
Council voted to uphold the recommendations of the Planning Commission
and APPROVE the following Ordinance upon application of Richard and
Bonnie Sechrist for a Change of Zoni:g Dyi!trilt Classifi,:ati.n from
R-5 Residential District to B-2 Comin nit Bu s;@ness District; subject
to the three (3) conditions outlined in the City Manaaer's letter,
in addition to the following;
1. Voluntarily agree, in writing, to restore
the home for the use of an antique shop,
and put to record in the Clerk's Office.
2. Aqree to have the home placed in the
Historical District.
ORDINANCE UPON APPLICATION OF RICHARD AND Z0180475
BONNIE SECHRIST FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROPI R-5 RESIDENTIAL
DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of Richard and Bonnie Sechrist for a Change
of Zoning District Classification from R-5 Residential District @o B-2
Community-Business District on certain property located on the West side
of South Witchduck Road beginning at a point 247.11 feet South of Amberly
Road, running a distance of 171.76 feet along the West side of South
Witchduck Road, running a distance of 166.69 feet in a Northwesterly
direction, running a distance of 144.29 feet in a Southdesterly direction,
running a distance of 138.40 feet in a Northwesterly direction, running
a distance of 251.95 feet more or less along the Northern property line
and running a distance of 98 feet more or less in a Southeasterly direction
Said parcel contains .88 acre. Kempsville 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.
01/14/80
3 6-
2. City water and sewer
3. A variable dedication of right-of-way along
South Witchduck Road.
4. Voluntarily agree, in writinq, to restore
the home for the use of an antique shop,
and put to record in the Clerk's Office.
5. Agree to have the home placed in the
Historical District.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of January 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
01/14/80
- 37-
(ITEM II-H.4) ITEM #14649
On motion by Councilman Baum, seconded by Councilrnan Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the following Ordinance to amend and reordain Article 9,
Section 911 of the Comprehensive Zoning Ordinance pertaining to use
regulations for Bulk Storage Yards in the B-2 Community-Business
District:
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,
Dleyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
01/14/80
38
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9, SECTION 911
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
FOR BULK STORAGE YARDS
IN THE B-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 911(c), Conditional uses and structures, of the C.Z.O.
is amended and reordained as follows:
(c) Conditional uses and structures: Uses and structures hereinafter
specified; s@ubject to compliance with the provisions of Part C of
Article 2hereof:
(4) Bulk storage yards and building contractors' yards; pro-
vided that no sale or processing of scrap, salvage, or
second-hand material shall be permitted in such yards; and,
prov id further that such storage yards shall be comr]etely
os:d p
encT d ece t for necessary 0 nq or inqress and egress
by a fence or wall not less than six (6) feet in height;
(5) @44 Car wash facilities, provided that:
(i) no water produced by activities on the zoning
lot shall be pertnitted to fall upon or drain
across public streets or sidewalks or adjacent
properties;
(ii) a minimum of three (3) off-street parking spaces
for automobiles shall be provided for each car
wash space within the facility.
(6) '@64 Churches;
(7) k64 Extractive industries, including the removal of sand
and soil;
(8) k74 Heliports and helistops;
(9) k84 Hospitals and sanitariums;
(10) k94 Mini-warehouses, provided that the yard shall be com-
pletely enclosed except for necessary openings for
ingress and egress by a fence or wall not less than
six (6) feet in height;
(11) k;94 Mobile home sales;
01/14/80
- 39
(12) k;44 Outdoor advertising structures, billboards, signboards
and poster panels shall be allowed on unimproved property
provided the regulations of Section B of Article 2 and
Section 914 hereof are met and further provided that no
outdoor advertising sign shall exceed three hundred (300)
square feet of surface area;
(13) k;24 Public utility storage or maintenance installations;
(14) kl34 Recreational and amusement facilities of an outdoor nature,
which may be partially or temporarily enclosed on a
seasonal basis with approval of City Council, provided
that in the development of such properties, safeguards
are provided to preserve and protect the existing character
of adjacent properties except that riding academies and
recreational campgrounds shall not be allowed as a con-
ditional use or otherwise.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14th@,day of January 1980.
APPROVED AS TO CONTENT
SIC:4ATiR@
C!TY Ari'OPNEY
01/14/80
-4 0-
(ITEM II-H.5) ITEM #14650
on motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
City Council voted to permit WITHDRAWAL of the following Ordinances
upon application of Chesapeake Fence and Awning Company, Inc., for
a Change of Zoning District Classification from B-2 Co=unity-Business
District to I-1 Light ndustr ial District; and, a Conditional Use Permit
for a bulk storage yard,.
ordinance upon application of Chesapeake Fence and Awning Company, Inc.
for a Change of Zoning District Classification from B-2 Community-Business
District to I-1 Ligh t ndustral District n@certain property located at
the Northwest intersection of Indian River Road and Reon Drive, running a
distaice of 226.67 feet along the North side of Indian River Road, running
a distance of 221.62 feet along the Western property line, running a
distance of 351.48 feet along the Northern property line and running a
distance of 386.44 feet along the West side of Reon Drive. Said parcel
contains 2 acres. Kempsville Borough.
Ordinance upon application of Chesapeake Fence and Awning Company, Inc.,
for a Conditional Use Permit for a bulk storage yard on certain property
located at the Northwest intersection of Indian River Road and Reon Drive,
running a distance of 226.67 feet along the North side of Indian River
Road, running a distance of 221.62 feet along the Western property line,
running a distance of 351.48 feet along the Northern property line and
running a distance of 386.44 feet along the West side of Reon Drive.
Said parcel contains 2 acres. Kempsville Borough.
Voting: 11-0
Council Members Voting Aye: (for withdrawal)
John A. Baum, F. Reid Ervini George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Pleyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent-.
None
01/14/80
4 1,-
(ITEM II-H.6) ITEM #14651
Mr. H. Calvin Spain, Attorney, represented the applicant*
The following appeared in opposition:
Mr. James McKenry, Attorney
Mrs. Terry Johnso@ presented petitions in opposition
Mrs. Cathy A. Reulbach, presented petitions in opposition
Mr. E. L. Whitehurst
Mr. Tom Mattox
Vice Mayor McCoy made a motion, seconded by Councilman Ferrell, to
APPROVE the application of National Pride Equipment Company, Inc.,
for a Conditional Use Permit for a self-service car wash:
The recorded vote is as follows:
Voting: 5-6
Council Me@ers Voting Aye:
John A. Baum, George R. Ferrell, Vice Mayor
J. Henry McCoy, Jr., J. Curtis Payne, and
Mayor Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin, Barbara M. Henley, Clarence
A. Holland, Donald W. Merrick, Meyera E.
Oberndorf, and Roger L. Riggs
Council Members Absent:
None
The above motion to APPROVE the application of National Pride
Equipment Company, Inc., for a Conditional Use Permit for a
self-service car wash, was lost.
On motion by Councilman Ervin, seconded by Councilman Merrick, City
Council voted to DENY the following Ordinance upon application of
National Pride Equipment Company, Inc., for a Conditional Use Permit
for a self-service car wash.
Ordinance upon application of National Pride Equipment Company, Inc.,
for a Conditional Use Permit for a self-service car wash on certain
property located on the South side of Brady Court beginning at a point
70 feet more or less East of South Witchduck Road, running a distance
of 152.50 feet along the South side of Brady Court, running a distance
of 124.99 feet along the Eastern property line, running a distance of
*It was noted the Attorney representing the applicant oresented several
maps and brochures regarding the above application.
01/14/30
-4 2-
158 feet along the Southern property line, running a distance of
113.70 feet along the Western property line, running a distance
of 20 feet in an Easterly direction and running a distance of
10.30 feet in a Northerly direction. Said parcel contains .48
acre. Kempsville Borough.
The above mentioned petitions will be made a part of these proceedings.
Voting: 6-5
Council Members Voting Aye: (for denial)
F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, Donald W. Merrick, Meyera E. Oberndorf,
and Roger L. Riggs
Council Members Voting Nay:
John A. Baurn, George R. Ferrell, Vice Mayor J.
Henry McCoy, Jr., J. Curtis Payne, and Mayor
Patrick L. Standing
Council Members Absent:
None
(ITEM II-H.7) ITEM #14652
Mr. Grover C. Wright, Jr., Attorney, represented the applicant.
On motion by Councilman Riggs, seconded by Councilman Ervin, City
Council voted to uphold the recommendations of the Planning Commission
and APPROVE the following ordinance upon application of Hudgins and
Associates for a Conditional Use Permit for one duplex; subject to
the two (2) conditions outlined in the City Manager's letter. The
third condition has been deleted and will discussed at the time of
Site Plan Review:
Deleted RIGHT-OF-WAk IMPROVEMENTS WILL BE
NECESSARY ALONG 13TH STREET: THIS
INCLUDES PAVEMENT WIDENING, CURB
AND GUTTER, AND SIDEWALKS.
ORDINANCE UPON APPLICATION OF HUDGINS AND R0180294
ASSOCIATES, INC., FOR A CONDITIONAL USE
PERMIT FOR ONE DUPLEX
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
01/14/80
-4 3-
Ordinance upon application of Hudgins and Associates, Inc., for a
Conditional Use Permit for one duplex on certain property located
on the South side of 13th Street beginning at a point 200 feet East
of Courtright Avenue, running a distance of 75 feet along the South
side of 13th Street, running a distance of 140 feet along the East-
ern property line, running a distance of 75 feet along the Southern
property line and running a distance of 140 feet along the Western
property line. Said parcel contains .24 acre. Virginia Beach 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.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of January 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 PicCoy, 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
01/14/80
-4 4-
(ITEM II-H.8) ITEM #14653
City Clerk indicated a letter was received from Mr. Tim Barrow
requesting this application be withdrawn.
Mr. Henry Morgan, representing surrounding landowners, requested
this application be denied.
on motion by Councilman Riggs, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of John B. and Virginia M.
Smith for a Change of Zoning District Classification from R-6
Residential bist-rict to A-2 Apartment District:
Ordinance upon application of John B. and Virginia M. Smith for a
Ch gTcoftoZoning District Classification from R-6 Residential
Di:n
tr t A-2 Apartment District on certain property located on
the North side of Linkhorn Drive beginning at a point 236.76 feet
East of Holly Road, running a distance of 200.10 feet along the
North side of Linkhorn Drive, running a distance of 268.60 feet
along the Eastern property line, running a distance of 180 feet
along the Northern property line, running a distance of 16.02 feet
in a Southerly direction, running a distance of 20.3 feet in a
westerly direction, running a distance of 110 feet in a Southerly
direction, running a distance of 25 feet in a Westerly direction,
running a distance of 120 feet in a Southerly direction, running
a distance of 75 feet in an Easterly direction and running a dis-
tance of 136.10 feet in a Southerly direction. Said parcel contains
1.5 acres. Virginia Beach Borough.
Voting: 11-0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. tierrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
ol/14/80
-4 5-
(ITEM II-H.8) ITEM #14654
Mr. Joseph T. Waldo, Attorney, represented the applicant.
The following appeared in opposition:
Mr. Martin L. Waranch, Attorney - presented a petition
Mr. Robert B. Cromwell, Jr., represented Mr. and Mrs.
R. G. Moore, Mr. and Mrs. Donald Moore, and Virginia
Beach Bank of Commerce
Mr. Tom Holland, Larlcspur section of Virginia Beach
on motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf,
City Council voted to DENY the following ordinance upon application
of Kempsville Meadows, Inc., for a Conditional Use Permit for a self-
service car wash:
Ordinance upon application of Kempsville Meadows, Inc., for a
Conditional Use Permit for a self-service car wash on certain
property located on the South side of Holland Road beginning
at a point 160 feet more or less West of Edwin Drive, running
a distance of 120 feet along the South side of Holland Road,
running a distance of 233 feet along the Western property
line, running a distance of 334 feet along the Southern property
line, running a distance of 76.71 feet along the West side of
Edwin Drive, running a distance of 208.81 feet in a Northwesterly
direction and running a distance of 199.98 feet in a Northeasterly
direction. Said parcel contains .357 acre. Kempsville Borough.
Voting: 11-0
Council Members Voting Aye: (for denial)
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
The petitions presented by Mr. Waranch will be made a part of
these proceedings.
01/14/80
-46-
(ITEM II-I.2.a.1) ITEM #14655 SECOND READING
COUNCILMAN BAUM LEFT COUNCIL CHAMBERS
On motion by Councilman Holland, seconded by Councilman Riggs, City
Council voted to APPROVE ON SECOND READING the following Ordinance
to appropriate funds for the acquisition of defibfillators for the
Office of Emergency Medical Services:
Voting: 10-0
Council Members Voting Aye:
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 Meribers Absent:
John A. Baum
01/14/80
-4 7-
AN ORDINANCE TO APPROPRIATE
FUNDS FOR THE ACQUISITION OF
DEFIBRILLATORS FOR THE OFFICE
OF EMERGENCY MEDICAL SERVICES
WHEREAS, it is a function of the Office of Emergency Medical Services
to maintain the quality of equipment in the Rescue Squads, and
WHEREAS, the defibrillators presently used by the Rescue Squads have
been failing at a rate greater than is medically acceptable, and
WHEREAS, using grant funds and contributions to the Rescue Squads, they
have been attempting to convert to more dependable models and have succeeded for
eighteen of the twenty-eight rescue vehicles, and
WHEREAS, they have exhausted their resources and cannot convert the
remaining ten vehicles without City assistance, and
WHEREAS, the price of these units is $5,590 each through December 31,
1979 and will increase $700 each after that date,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH:
That funds in the amount of $55,900 be appropriated from the General
Fund Balance to the Office of Emergency Medical Services for the acquisition of
ten defibrillators.
First Reading December 17, 1979
Second Reading January 14, 1980
Approved by the Council of the City of Virginia Beach on the 14th dav
APPROVED A
of January 1980.
...... 01/14/80
-4 8-
(ITEM ii-i.2.b.1) ITEM #14656(a) FIRST READINGS
COUNCILMAN BAUM RETURNED TO CHAMBERS
On motion by Councilman Riggs, seconded by Mayor Standing, City
Council voted to APPROVE ON FIRST READING the following Ordinance
to accept Grants totaling $76,414 from the Division of Justice and
Crime Prevention and to appropriate these funds:
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
01/14/80
-4 9-
oil'
10 S
WIIEIII,'AS, tiil Juvcnil(, (@otirls wish L,) aid rijill,@,lvs and jtiveniles
iii learniii@l, about tlie Ci:iriiiial JtlstLcc-, Svstc,n, and
Wlil-@P,EAS, thc Citv Jail wislics to cst,,iblish a recreation program f()r
inTnatcs to release tlicir pent-ul) c@ncrgy due to iiicarcei.-,,ition, and
Wlil,"REAS, the Divisioti of Justice ,in,l Crime Prevention (DJCF) has
awarded griiits to estalilish progr,,ims to accoinl)listi tlio. @ibove, objecti.ves.
NOW, TIIERE@'0111@', BF, IT ORDAINED BY 'Flil-' COIINCIL OF THE CITY OF
VIRGINIA IIEACII, VIRGINIA:
That the City @ianager is hereby authorized to accept grants for the
City, aiid funds are herebv approprialed, for tlie follot,ing purposes:
F,st:iniatcd Pt@venLie Local Total
From Otli,,r AgLliries liitch @@riations
Rtinawav Hotlinc, $24,274 $ - $24,274
LearniTig & EdLIcational Disa-
bility ldc-,ntific,'Itioii Prograin 24,137 3,204 27, 3z, 1
Jail Reerc,.@,t:ioll P,:o[,raTti 18,844 992 19,836
Court Doceiit Program 4,963 4,963
Total 2 L8 7 6_; 1 4
That the appropriatioiis be financed bv $72,2L8 in estiinated reve@,iiiic
from tlie DJCP, aiid a local cash inqtcli of $4,196 to be trinsferred from Un-
appropriaCed Fund Balance, and
Tiiat a total of three personnel positions is herebv authorized for
tlie duration of the @.rants, to be paid from tlie grants,' witti the classes of
employees to be determined by the City Manager.
FTRST Rf,,ADliNG: January 14, 1980
SEC0,14D READINC;:
A(I(,I)tc,d tile (@,,Ii,icil of tlio, Cit,, (,f Virgii,il Boacli )n Lhe
- 5 0 -
(ITEM II-I.2.b.2) ITEM #14656(b)
on motion by Councilman Ervin, seconded by Councilman Riggs, City
Council voted to APPROVE ON FIRST READING the following Ordinance
to accept a Grant totaling $15,540 from the Division of justice
and Crime Prevention and to appropriate these funds:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Playor 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
01/14/80
-5 1-
Ail'
Aill)
'1'0
.WliF,i@l@'AS, the Cit@,v ot* Virt,,iiiia I'@?,lch tvislies to bc@coi-ic@ ari entitle-
ment jurisdiction uilder iuldclines fr,)iii tlie L,,iw I'nforcemoilt Assistance
Adiiiiiiif-,tration (T,I'A.A), aii(I
WHEREAS, LI:AA lo@.iqlation r(!quir(,s all sucli jurisdictions to
est,ablish a Criininal Justicc! Coordinitor posi.tion, and
WIIERP@S, tlie Division of Tustict- and Criine Prevention (DJCF) lias
award(@d the City a grati.t tc) establisl@ tlil@.s pos,@.tion.
NOW, TIIEREFOR17, ]'P, IT ORDAIIZED 13Y TIIE COUNCIL OF THE CITY OF
VIRCINIA BEACTI, VIRGINIA:
Tliat tlie Ci.ty is hc_lrcby authorized to accept the graiit
for tlie Citv, and funds arL, lier(-,I)v aplrol)ciatcd for tlie .@oll.owing purpose:
EstiTitatecl Reventie Total
Fror.i Otlic-r P,.gc!ncies- Apl)ropriation_s,
Criniinal Jtistice Coordinitor @5 _@) 0
@liat tlie appro,,)ri.ations will. be financed 1-00% by the D.JCP, with
no required local niatch, aiid
Tliat on,, per,,onn(@l I)osition is hereby autliorizl@d for the dur-,tic,,l
of the grant, to bc paid from the graiit, with the closs of the employee to
be deteriiiinld by t@tie Citv iiiiti@iger.
FIRST READING: January 14, 1980
SECON1) RFADING:
Adopted by tlie Cot,ncil of tlie City of Virginia Beach on the
day of 1980.
5 2-
(ITEM II-I.2.b.3) ITEM #14657
On motion by Vice Mayor McCoy, seconded by Councilman Payne, City
Council voted to APPROVE ON FIRST READING the following Ordinance
to provide Third Year Funding for the Clean Community System Program:
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,
Pleyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
01/14/80
-5 3-
Will,@',I:AS, Cl.ty (:Otl],CLI is iiltc,:estel in @Ltilizi.119 educationil,
tecliiiolop,ical, and onforceni@,l'Lt tcrlini@ilies to ric,,isiiritl,l), reduce litter cn
a citv-wide I)asit,@, aiid
WIIERI.',AS, these teclini(l,.,cs @7i]l b(' strt@cttired to induce, over a
period of tiine, beliavioral aiid ,ittitii,linal changl@s of thL citiz(,ns towztrd
littering, and
WIIERI,'AS, the Statc, Departnteiit of Conservation and Fcoriomic
Development, Division of Litter Contiol, will provide tllird yciar fundiii@. in
th(-- amount of $15,507, for this I)urpoqc-.
NOW, TIIEREFO@E, Bl@', IT ORDAI',TI-D IIY TIIE COIINCIL OF TITE CTTY OF
VI.1,GINTA li@,A(3H, VIRGINIA:
That tiio Cil@y .1'aral,er is Ii--rcly authorized t@ @iccept the grant
for tlie city, and funds are hereby apl)rol3riaLed in the ainount ()f $15,507
for tlic C]c@an C,,rr,,ILtnit@' Pi:O@,r.,I!n, alid
BE IT l,'IJRTiil-R Orl)AI,@l,D that the il)prc)priations be financed by
$15,507 Estimated l@evenuc,. frc,ri the StatL Dep-@rtrlent of Conscrvation aild
Economic Developnic@rit, and
Bi@ IT IURTIIER OFDATIIED that one personnel position is hercbv
authorized for the duration of the @.raiit, to be paid from tlie grant, with
the employee class to be detertained by tlie City @lanager.
FI.RST PI-IADINC.: January 14, 1980
SECOND READING:
Adopted bv tlie Couiicil of tlie Citv of %'irginia Peach on the
day of 1-1)80.
',7
01/14/80
- 54-
(ITEM II-I.2.b.4) ITEM #'@4658
On motion by Vice Mayor McCoy, seconded by Mayor Standing, City
Council voted to APPROVE ON FIRST READING the following Ordinance
to accept $35,664 from the Division of Justice and Crime Prevention
and to appropriate these funds:
Voting: 10-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, 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 Meribers Voting Nay:
George R. Ferrell
Council Members Absent:
None
01/14/80
-55-
i )O,: @0]...
Witf,',I,EAS, tllc JuvcLlile Court a,il tll(l Soc@izil Services D(,.partpic.,iit Ct
tllcl City of VirEiiiii Bezicl@ wiril to.conlinuc,. i progr@'Ini t(, divert I)redeliilquelit
YOutlis froin Llic critiii.iial it";ticc@ sy,,Lem; alid
WITERT,',AS, tlie Divisitin of Justice ald Crime Prevention (D,ICP) lias
awarded tlie City a grant to coiitinue sucli a prograni.
N014, TIIEREFOI@E BE IT ORDAI@'ED BY TIIE COU:I'CIL OF TIIE CITY OF
VIRGINUi BEACH, VIRGINIA:
That th, city @laiiager is herel)y authori.zed to accept a grant for'
tlie City, and funds ire lierel)y appropriated, for tlic@ followiiig purpose:
Estimated Reventie Totgl
From Otlier Agcncics
National Youtti Program
Using llotorbikes $35@664 $35.664
BE IT FUR'l:HER 01@IIAI@,ED TliAT tlie al,l)rol)riziticiis ,?ill be fin@'inced
100% by federal fulids frolii the DJCP.
FlRST READING: 14 198o
SECON'D READINIC:
Adopted by tlie Cotincil Of tlie CiLy of Virg3@.ria Peach on tlic
day of 1980.
-56-
(ITEM II-I.2.b.4) ITEM #14659
On motion by Councilman Holland, seconded by Vice Mayor McCoy, City
Council voted to APPROVE the following Ordinance to transfer funds of
$71,785 for a Mobile Refuse Container Program:
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
01/14/80
-57-
AN ORDINANCE TO TRANSFER FUNDS OF
$71,785 FOR A MOBILE REFUSE CONTAINER
PROGRAM
WHEREAS, a pilot program implementing niobile refuse containers
has drawn support from business leaders in the mesort area, and
WHEREAS, this program has improved the working conditions of
city refuse collectors by reducing injuries and accidents and has
impraved the aesthetics of the resort area, and
WHEREAS, the total cost of the prograin for 1,600 refuse
containers and 16 dump units is $96,910 of which funding of
$71,785 is needed and can be provided by a transfer within the
Department of Public Works, and
WHERF,AS, estimated funds of $51,160 will be reimbursed to
the city by the business community participating in the program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that appropriations of $71,785 be
transferred within the Department of Public Works, Bureau of
Refuse Collection from the personnel account to the various
accounts needed to implement the mobile refuse container program.
Adopted by the Council of the City of Virginia Beach, Virginia
the first day of January 19 80
01/14/80
-5 8-
(ITEM II-I.3.a) ITEM #14660 CODE AMENDMENTS
On motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to APPROVE the following ordinances:
An Ordinance to amend Article III of
Chapter 37 of the Code of the City
of Virginia Beach, virginia, by amend-
ing Section 37-29(h), relating to water
line fees.
An Ordinance to amend Article I of
Chapter 29 of the Code of the City
of Virginia Beach, Virginia, by
amending Section 29-3(h), relating
to sewer line fees.
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
01/14/80
Requested by: City Manaqer/Public Utilities
-59-
AN ORDINAITCE TO AMEND ARTICLE III
OF CHAPTER 37 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
BY AMENDING SECTION 37-29(h),
RELATING TO W@TER LINE FEES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 37-29(h) of the Code of the City of Virginia
Beach, Virginia is hereby amended as follows:
Section 37-29(h)
The Director of Public Utilities is hereby authorized to
accept on behalf of the City notes for the payment of such line
fees as are due under Section 37-29(b)(1)- The terms of such notes
shall be: ame feurth e4 the line fee @n additian to all tap and
meter fees given as a downpayment, pravided that the tetal dewn-
ndyment 5h&ii not be less thdft the tetal of the tap and f"eteff fees,
with the reindiftder full ef the line fee payable in three four equal,
annual installments at a rate of interest of eight percent per
annum. Provided, hewever, that any @stemee who ia ehartered under
the Eegulatiens ef the lmternal Revenue Serviee as a nen-pr8f4:t
eFgami:gatien amd eam preve sueh status, the terms of the mete te
be aeeepted FRay l5Lev4:Ele -feL- eme f4:.fth dowmpayiReRt, w4th the balamee
due in feur equal ammual installirents, w-ith a rate ef interest of
eight pereent per ammuFR.
Adopted by the Council of the City of Virginia Beach, Vir-
ginia on the 14 -,day of January 1980.
APPROVED AS TO CONTENTS APPROVED AS TO FORM
A/,//
/Sicrnatif@e-- Signature
CITY ATTORNEY
@VDa"te
01/14/80
Requested by: City Manager/Public Utilities
-60-
AN ORI)INANCE TO AMEND ARTICLE I OF
CHAPTER 29 OF THE CODE OF THE C'ITY
OF VIRGINIA BEACH, VIRGINIA BY
AMENDING SECTION 29-3(h), RELATING
TO SEWER LINE FEES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article I of Chapter 29 of the Code of the City of
Virginia Beach, Virginia, is hereby amended as follows:
Section 29-3(h)
The Director of Public Utilities is hereby authorized to
accept on behalf of the City notes for the payment of such line
fees as are due under Section 29-3 (b) (1). The terms of such
notes shall be: ene fetirth ef the l@me fee, 4:n ddd@t@n te all
tap and cleanout fees, aiven as a down payment, with the remdinder
full line fee payable in three four equal, annual installments at
a rate of interest of eight percent per annum. Previded, hewever,
that any eustemer whe @5 ehdrtered hnaer the requidt-iens af the
Interndi Revenhe Serv4:ee d5 a men-pref!it ergenitatien and edn preve
sueh 5tdtue, the terms of the nete te be aeeepted pftdy prev@de ier
ene fifth dewn rdy7ftent, with the baidnee due 4:m feer eltial, annual
instdilments, W4:th a rate ef 4:ntereit ef @erht Percent L5er anMdM.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14th day of January 1980.
APPROVED AS TO CONTENTS APPROVED AS TO FORM
g@*n@ture
'ITY ATTORNEY
'@D(e@llf,artment
01/14/80
- 6 1-
(ITEM II-I.3.b) ITEM #14661
Mr. B. H. Bridges, Virginia Beach Beautification Commission, appeared
in favor.
Mr. Skip Hendrix, Schooner Inn, appeared in favor.
Mr. Sam Houston presented an amendment to the Ordinance and requested
it be incorporated in the following ordinances, (Amendment 23)
The City Manager indicated the Ordinances will be brought back to
Council with the following amendment incorporated in them.
"Flood and Storm Damage Refuse." On seasonal
occasions, when a combination of debris as
designated in Section 17-(16)(19)(20) and (21)
is either flooded or washed upon private pro-
perty (commercial or residential) from public
waterways, highways or drainage systems, and
when carted to curb lines of the City for refuse
collection, the Director of Public works shall,
on such occasions, authorize the forking of such
refuse accumulations not in containers or stacked
as normally required.
on motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to APPROVE the following ordinances:
An Ordinance to amend and reordain Chapter 6
of the Code of the City of Virginia Beach,
Virginia, pertaining to Beaches, Lakes and
Wharves by repealing Section 6-9.
An Ordinance to amend and reordain Chapter 17
of the Code of the City of Virginia Beach,
Virginia, pertaining to Garbage, Refuse, Waste
and Weeds by repealing Division 1. Definitions;
Division 2. Receptacles; and Division 3. Private
Collectors of Garbage, etc.
An Ordinance to amend and reordain Chapter 17
of the Code of the City of Virginia Beach,
Virginia, pertaining to Garbage, Refuse, Waste
and Weeds by adding Division 1. Definitions;
Division 2. Refuse Collection and Refuse
Disposal; and Division 3. Litter Control.
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
01/14/30
- 62-
Council Members Voting Nay:
None
Council Members Absent:
None
01/14/80
-6 3-
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 6
OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO BEACHES, LAKES AND
WHARVES BY REPEALING SECTION 6-9
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 6 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained by deleting therefrom
Section 6-9.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the -14 day of January 1980.
kdf
A:-PROVED AS TO CONTENT
,F,, a OL- /-(,@
SIGNATURE 1-/
DE@'.ARTMENT
SIGNATURE
CITY ATT,@RNEY
01/14/80
-64-
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 17
OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO GARBAGE, REFUSE, WASTE
AND WEEDS BY REPEALING DIVISION 1. DEFrNITIOtIs;
DIVISION 2. RECEPTACLES; AND DIVISION 3. PRIVATE
COLLECTORS OF GARBAGE, ETC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 17 of the Code of the City of Virginia Beach
is hereby amended and reordained by deleting Division 1. Definitions;
Division 2. Receptacles; and Division 3. Private Collectors of
Garbage, etc.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 14 day of January 1980.
kdf
uj@
01/14/80
- 65-
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 17
OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO GARBAGE, REFUSE, WASTE
AND WEEDS BY ADDING DIVISION 1. DEFINITIONS;
DIVISION 2. REFUSE COLLECTION AND REFUSE DISPOSAL;
AND DIVISION 3. LITTER CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 17 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
DIVISION 1. DEFINITIONS
Sec. 17-1 Definitions
For the purposes of this Chapter, the following terms,
phrases, words, and their derivatives shall have the meaning given herein.
When not inconsistent with the context, words used in the present tense
include singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
The following definitions shall apply in the interpretation
and enforcement of this Chapter:
(1) "Building Materials" means any material such as lumber,
brick, plaster, gutters, or other substances accumulated as a result of
repairs or additions to existing buildings, construction of new buildings,
or demolition of existing structures.
(2) "Bulk Container" means a metal container of not less
than siX cubic yards nor larger than eight cubic yards, made of water-tight
construction with doors opening on two sides and top, and constructed so that
ii can be emptied mechanically by specially-equipped trucks. Containers
shall be covered. Hereinafter, upon effective date of this section, all new
bulk containers shall meet these specifications.
(3) "Business Trash" means any waste accumulation of dust,
paper, and cardboard, excelsior, rags or other accumulations, other than
garbage or household trash, which are usually attendant to the operation of
stores, offices, and similar businesses.
(4) "City" means the City of Virginia Beach.
(5) "Commercial Establishment" means any retail, restaurant,
manufacturing, wholesale, institutional, religious, governmental, or other
non-residential establishment at which garbage or trash may be generated.
01/14/80
-66-
(6) "Detachable Container" means a unit varying in capacity
between five cubic yards and 40 cubic yards which is used for collection,
storing, and transporting building materials, business trash, industrial
waste, hazardous refuse, refuse, or yard trash. The unit may or may not use
an auxiliary stationary packing mechanism for compaction of materials into
the container and may be of the open or enclosed variety. The distinguishing
feature of the detachable container is that it is picked up by a specially-
equipped truck and becomes an integral part of the truck for transporting the
waste materials to the disposal site..
(7) "Garbage" means the by-product of animal or vegetable food-
stuffs resulting from the handling, preparation, cooking, and consumption of
food, or other matter which is subject to decomposition, decay, putrefaction
or the generation of noxious or offensive gases or odors, or which during or
after decay, may serve as breeding or feeding material for insects or animals.
(8) "Hazardous Refuse" means materials such as poison, acids,
caustics, chemicals, infected materials, offal, fecal matter, and explosives.
(9) "Household Trash" means every waste accumulation of paper,
sweepings, dust, rags, bottles, cans or other matter of any kind, other than
garbage, which is usually attendant to housekeeping.
(10) "Industrial Waste" means all waste, including solids,
semi-solids, sludges, and liquids, created by factories, processing plants or
other manufacturing enterprises.
(11) "Litter" means garbage, refuse, waste materials, or any
other discarded, used, or unconsumed substance which is not handled as
specified herein.
(12) "Loading and Unloading Area" means any stream, river, or
lakeside or land dock, space or area used by any moving vehicle for the
purpose of receiving, shipping, and transporting goods, wares, commodities,
and/or persons.
(13) "Multiple Residential Unit" means any duplex, apartment,
group of apartments, or condominium used for dwelling places of more than one
family.
(14) "Person" means any individual, firm, company, corporation,
or association.
(15) "Portable Packing Unit" means a metal container not
exceeding 4,500 pounds gross weight with four to six cubic yard capacity
that contains a packing mechanism and an internal or external power unit.
(16) "Refuse" means solid waste accumulations consisting of
garbage, household trash, yard trash, and business trash as herein defined.
(17) "Residential Refuse Receptacle" means a metal or plastic
container for refuse, of substantial construction, with tight-fitting lids,
and provided with wheels and/or handles sufficient for safe and convenient
handling for collection at curbside. Such receptacles shall have a capacity
of not more than thirty-two (32) gallons nor fifty (50) pounds total weight
or ten (10) pounds empty weight, and shall be kept in serviceable condition
at all times. Any receptacle which does not meet standards set by the City
of Virginia Beach Department of Public Works shall be removed. Exceptions
to these requirements may be made by the Director of Public Works.
01/14/80
-6 7-
(18) "Single Residential Unit" means any dwelling place
o6cupied by one family.
(19) "Small Dead Animals" means dead cats, dogs, small
household pets, and other animals of similar size.
(20) "Tree and Shrubbery Trimmings" means waste accumulation
of tre6 branches, tree limbs, parts of trees, bushes, shrubbery, and cuttings
or clippings created as refuse in the case of trees or bushes.
(21) "Yard Trash" means waste accumulations of lawn, grass
or shrubbery cuttings or clippings and dry leaf rakings, free of dirt, rocks,
large branches, and bulky or noncombustible material.
(22) "Yard Trash Containers" means refuse receptacles as
designated in 17-1.2(17). Plastic bags shall be closed by a tight sealing
method of suitable type, such as drawstring, wire tie, or knot. Containers
shall be kept covered or closed at all times.
Sec. 17-2 Administration and Enforcement
The administration and enforcement of the provisions of this
Chapter shall be the duty of the Department of Public Works.
DIVISION 2. REFUSE COLLECTION AND REFUSE DISPOSAL
Refuse Collection
Sec. 17-3 Administration
The Department of Public Works shall administer the provisions
for refuse collection throughout the City. This shall include both private
refuse collection and city refuse collection. The City shall not make
collections from private property. The City shall also not collect refuse
from apartment complexes.
Sec. 17-4 Receptacles and Containers Required
All refuse shall be stored in proper receptacles between times
of collection. These receptacles shall meet the specifications as designated
in 17-5 below.
Sec. 17-5 Specifications for Refuse Receptacles
Refuse shall be deposited in metallic or plastic receptacles
with no more than thirty-two (32) gallons capacity or fifty (50) pounds total
weight. Exceptions to these requirements may be made by the Director of
Public Works. Refuse may be placed in plastic or polyethylene bags which meet
the standards set by the Department of Public Works. Each receptacle shall
have a tight-fitting cover and each bag shall be tightly secured. The cover
of any receptacle shall be kept on at all times except when the receptacle
is being filled, emptied, or cleaned. Animal waste and/or ashes shall be
wrapped separately from other refuse in a manner to prevent spillage prior to
placing into receptacle.
Sec. 17-6 Points of Refuse Collection
All receptacles as designated in 17-5 shall be placed on
the curb line of a City right of way by 7:00 a.m. on the day of collection.
All receptacles must be removed out of view of the public after collection
on the day of collection. The Director of the Department of Public Works
shall designate those areas in the City in which curbside bins for holding
refuse receptacles are permitted beyond the front wall of a dwelling unit.
01/14/80
Sec. 17-7 Collection Practices
(A) Residential
Garbage and household trash accumulated b,y residences shall
be collected two times each week (excepting holidays) at the curbside, or as
designated by the Director of the Department of Public Works. Oversized
household trash, bulky items such as refrigerators, water heaters, washing
machines, yard trash, and tree and shrubbery trimmings shall be collected one
time each week at the curbside. The service for these articles collected once
each week shall only be provided when a special order is placed by telephoning
the Refuse Collection Bureau in advance. No refuse collection service shall
be provided on an official holiday.
(B) Conlinercial Establishments
Service to commercial establishments shall be two times
each week, except when otherwise designated by the Director of the Department
of Public Works. Refuse placed by commercial establishments for collection by
City crews shall only be placed in the approved receptacles as designated in
previous sections of this Cha ter. Commercial establishments shall not place
for collection more than six @6) receptacles each collection day, unless other-
wise designated by the Director of the Department of Public Works. Cardboard
boxes shall be cut and flattened and tied securely in a manner that shall be
easily collected by the Refuse Collection Bureau.
(C) Bulk Containers
Any commercial establishment which desires to utilize
a bulk container shall employ the services of a private contractor to service
that container. Said container shall at all times be clean, neat, and in good
state of repair. Cleaning up spilled materials from containers when emptying
shall be the responsibility of the private collection contractor and/or the
property owner or occupant. No refuse shall be placed adjacent to any bulk
container. The property owner of any establishment for which a bulk container
screening requirement applies must maintain said screening in a clean and
neat condition and in good state of repair.
(D) Industrial Waste
Industrial waste shall be collected, removed, and disposed
of in an approved manner by the operator of the factory, plant or enterprise
creating or causing same.
(E) Hazardous Refuse
No contagious disease refuse or any other refuse that may
cause a public health hazard shall be placed in any receptacle used for
collection by the City or collection by any private agency. The following
are several types of special refuse items which shall be given special care
and preparation before disposing of in any refuse container:
Hypodermic instruments and other sharp articles. No
person shall dispose of or discard any hypodermic syringe, hypodermic needle,
or any instrument or device for making hypodermic injections before first
breaking, disassembling, destroying, or otherwise rendering inoperable and
incapable of reuse. Such hypodemic syringe, needle, instrument or device
shall not be disposed of without safeguarding by wrapping or securing same
in a suitable manner so as to avoid the possibility of causing injury to the
collection personnel.
Ashes. Ashes that are to be collected by the City or
private collectors must have been wetted and cooled to the touch prior to
collection. Ashes shall be placed in suitable containers of such size and
weight as stipulated in Section 17-5 and shall not be placed with the normal
refuse unless separately wrapped, so that they will not cause injury to the
collection personnel.
01/14/80
-69-
Pressurized Cans. All pressurized cans contal'ni'ng
pesticides or any other dangerous materials shall be released of all pressure
before depositing in receptacle for collection by the City or any private
collection agency.
Glass. All broken glass or any type of glass that may
cause injury to refuse collection personnel shall be separately wrapped to
prevent injury and placed in with the normal refuse.
Pesticides. All pesticide containers and other
poisonous containers shall be emptied before placing out for collection.
(F) Building Material
The City shall not be responsible for the collection or
hauling of building materials originating from private property preliminary
to, during or subsequent to the construction of new buildings, alterations,
or additions to existing buildings of whatever type, or from demolition of
existing structures. Such material shall be removed by the owner of the
property or by the contractor. No inspection or certificate of occupancy
shall be issued until such material has been removed by the owner or contractor.
In addition, all contractors must provide refuse receptacles for construction
debris and litter to be deposited in at the end of each working day. The
prime contractor or developer of the construction or demolition site is held
responsible for maintaining the site as herein described.
(G) Dead Animals
Dead animals except marine life may be collected and
disposed of by the City Bureau of Animal Control in conjunction with
Section 5-5 of the City Code.
(H) Yard Trash
Yard Trash may be stored for collection in suitable
receptacles and containers as described in this Chapter. Any yard trash
that cannot be put in a normal refuse receptacle shall be handled as
described in Section 17-7, subparagraph (I).
(I) Tree and Shrubbery Trimmings
All limbs, branches, and shrubbery and hedge trimmings
shall be cut into lengths not to exceed four feet and shall be stacked neatly
by the curbline for collection. Stacks should not exceed 4X4X4 feet. This
material shall only be picked up on a call-in basis to the Refuse Collection
Bureau. Any violation of the above-mentioned restriction shall be the
responsibility of the owner or occupant for proper disposal thereof.
Sec. 17-8 Parking Lots
All parking lots and establishments with parking lots are
required to provide refuse receptacles distributed within the parking area.
The Department of Public Works shall have the authority to determine the
number of receptacles necessary to provide proper containerization. It
shall be the responsibility of the owner or mahager of the parking lot to
maintain such receptacles including the collection and storage of trash
deposited in such containers and placing such receptacles in an approved
location for collection by City collecting crews if in proper containers or
by collection by private agencies for bulk containers.
Sec. 17-9 Interference or Damage to Receptacles
No person other than employees of the City charged with such
duty shall interfere with the contents of any receptacle set out for removal
by the City or any private collection agency unless authorized by the Director
of Public Works or his designated agent. It shall be unlawful for any person
to damage or destroy any refuse receptacle placed at the curbline for
collection.
01/14/80
-70-
Sec. 17-10 Private Refuse Collectors
(A) No person shall engage in the business of collecting,
hauling, or transporting in the City any garbage, waste, or refuse without
first having obtained a pemit from the Director of the Department of Public
Works and a business license from the Commissioner of Revenue to engage in
such business. All containers and vehicles owned and/or operated by private
collection firms shall be subject to inspection by officials of the Department
of Public Works to insure safety compliance and to insure proper lids and/or
covers are provided to prevent litter problems.
(B) Condition of Vehicle and/or Containers
All private refuse vehicles, containers, or other
equipment shall be maintained in a clean, sanitary condition and free from
odors at all times and shall be equipped with water-tight bodies with a
suitable system for cleaning, disinfecting, and deodorizing garbage and
refuse containers.
(C) Placement of Containers
All containers owned by private refuse collectors shall
not be,placed on any street or right of way within the City of Virginia
Beach. All collections should be made directly from the premises of the
owner and any emptied containers returned directly to such premises.
Refuse Disposal
Sec. 17-11 Disposal of Sanitary Solid Waste, etc., at City
Disposal Areas
(A) Refuse Collected in the City
Sanitary solid waste, refuse or garbage generated
solely within the City of Virginia Beach may be deposited at the City
refuse disposal areas free of charge, subject to the following exception:
There shall be a fee of $3.50 per ton, or a $1.00 minimum
charge for less than one ton, or any part thereof, for all
debris designated as fill material as opposed to sanitary
solid waste, refuse or garbage. Debris shall include, but
not be limited to, building materials from remodeling,
demolition, or new construction; landscape debris, bushes,
concrete and trees, provided that tree stumps shall not be
accepted or deposited at the refuse disposal areas.
(B) Private Firms Depositing Refuse
Private sanitary solid waste, refuse or garbage firms may
deposit solid waste, refuse or garbage collected within the City of Virginia
Beach at the refuse disposal areas free of charge, subject to the provisions
of paragraph (A), provided:
1. The proper City of Virginia Beach business license has
been purchased and is current.
2. The vehicles transporting the sanitary solid waste, refuse,
or garbage have a current City of Virginia Beach City license decal displayed.
3. A refuse disposal permit has been issued by the Director of
Public Works or his designated agent. Such permit shall be issued only upon
the certification and affidavit by the applicant that all sanitary solid waste,
refuse or garbage will be generated and collected within the City of Virginia
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Beach. The fee for such pemit shall be $25.00 per vehicle, per year or any
part thereof. Such permit shall expire December 31 of each year. Such permit
decal shall be displayed on each vehicle listed in the permit, as indicated on
such decal.
(C) Special Fee
There shall be a fee of $.35 per tire for cutting and
disposing of tires.
(D) Scales and Fee Collection Procedure
The Director of the Department of Public Works, in conjunction
with the Director of Finance, is hereby authorized to establish such scale and
fee collection procedures as they may determine to be necessary to ensure the
efficient collection of fees imposed; provided that the Director of Public
Works or his designated agent shall have the authority to determine what
sanitary solid waste, refuse or garbage shall be acceptable for deposit at
the refuse disposal areas.
(E) Hours of Operation
The Director of Public Works, with the approval of the
City Manager, is hereby authorized to establish reasonable hours for the
operation of the refuse disposal areas.
(F) Enforcement
The Director of the Department of Public Works or his
designated agent shall have all necessary authority on behalf of the City
Council to administer and enforce this section.
(G) Generally
Any officer or agent of a corporation, or member of a
partnership or association, who shall personally participate in or be an
accessory to any violation of this section,by such corporation, partnership,
or association shall be subject to the penalties herein.
The Director of Public Works or his designated agent is
hereby authorized to revoke or suspend any refuse disposal permit to prevent
any person or firm from utilizing the refuse disposal areas for good cause.
Sec. 17-12 Dumping on Private and Public Property
(A) Unauthorized Accumulations
Any unauthorized accumulation of refuse or trash on
any lot, property, premises, public street, alley, or other public or private
place is hereby declared to be a public nuisance and is prohibited. Failure
of owner or occupant to remove and correct any such unauthorized accumulation
of refuse after being notified shall be deemed a violation of this section.
(B) Junk
It shall be unlawful for any person to place or leave
outside any building or dwelling any dilapidated furniture, appliance, machinery,
equipment, building material or other item which is either in a wholly or
partially rusted, wrecked, junked, dismantled or inoperative condition, and
which is not completely enclosed within a building or dwelling. An'y such item
or items which remain on the property of the occupant for a period of ten (10)
days after notice of violation of this section shall be presumed to be
abandoned and subject to being removed from the property by the City without
further notice. This shall not apply to authorized junk dealers or establish-
ments engaged in the repair, rebuilding, reconditioning, or salvaging of
equipment.
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(C) Appliances
It shall be unlawful for any person to leave outside
any building, in a place accessible to children, even when placed at curbside
for collection by the City, any appliance, refrigerator, or other container
of any kind which has an airtight snap lock or similar device without first
removing the lock or door from said appliance, refrigerator, or container.
This law shall not apply to any appliance, refrigerator, or container which
has been placed on or adjacent to the rear of the building and is crated, strapped
or locked to such an extent that it is impossible for a person to obtain access
to any airtight compartment thereof.
(D) Construction of Demolition Sites
All construction and demolition contractors must provide
on-site refuse receptacles as designated in 17-7 (F). Dirt, mud, construction
materials and other debris deposited upon any public or private property as a
result of construction or demolition shall be immediately removed by the
contractor. Construction sites shall be kept clean and orderly at all times.
For the purposes of this section, the prime contractor or developer of the
construction or demolition site is held responsible for maintaining the site
as herein described.
(E) Maintenance of Property
All owners or occupants must maintain the real
property owned or occupied in a clean and litter-free manner, including
sidewalks in grass strips, one-half of alleys, curbs, or right of ways up to
the edge of the pavement of any public street.
Every person shall remove snow and ice from the
sidewalks in front of their premises within six hours after such time as
removal can first be reasonably effected.
DIVISION 3. LITTER CONTROL
Sec. 17-13 Accumulations of Refuse and Trash
(A) Public Streets and Private Property
No person shall place any accumulations of refuse
and trash in any street, median strip, alley, or other public place of
travel, nor upon any private property except as stated in the other
sections of this Chapter. The occupant of each lot or building, or if
unoccupied, the owner thereof, shall be responsible for the cleanliness
of the premises, and shall keep them in a sanitary condition by removing
regularly all litter, trash, garbage, and other refuse. Such occupant
or owner shall also be responsible for the cleanliness of the sidewalks
in front of his premises.
(B) Blockage of Storm Drains
No person shall place any refuse, trash, refuse
receptacles or containers on, upon, in or over any storm drain.
Sec. 17-14 Scattering of Refuse
It shall be unlawful for any person to: (1) scatter
refuse about or litter any public or private street or area or place;
(2) cast, throw, place, sweep, or deposit anywhere within the City any
refuse or trash in such a manner that it may be carried or deposited by
the elements upon any street, sidewalk, alley, sewer, parkway, or other
public place or into any occupied or unoccupied premises within the City;
and (3) throw or deposit any refuse, trash, or debris in any stream or body
of water.
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Sec. 17-15 Litter from Motor Vehicles
It shall be unlawful for any vehicle transporting loose
materials within the City to transport same without suitable covers. This
section shall not apply to the transportation of poultry or livestock or
silage or other feed grain used in the feeding of poultry or livestock.
The driver of any vehicle shall be responsible for assuring that no litter
is thrown from the vehicle or occurs through the lack of proper covering.
In addition to other remedies, any person arriving at the City landfill and
operating an uncovered truck in violation of this section shall be allowed
access to said landfill only after being issued a notice of violation or
summons.
Sec. 17-16 Beaches
It shall be unlawful for any person to take or carry any
cup, glass, bottle, can, paper bag, paper box, wooden box, styrofoam
container, basket or container of any kind containing alcohol, beverages,
soft drinks, food nourishment or refreshment of any kind upon the beaches
as designated below:
Beach Borough between Rudee Inlet and
42nd Street
Adjacent to Lynnhaven Fishing Pier
Little Island Park - Sandbridge
No person shall discard litter upon any beaches within the City. All
litter shall be placed in refuse receptacles. In the Beach Borough of
the City, this section shall apply also to the Boardwalk and grass areas
adjacent to and east of the motels to the Boardwalk. All concessioners
and/or contractors operating on or adjacent to the beaches shall be
required to maintain proper litter control by providing receptacles and
cleaning up litter each day which may be deposited within the area of
their responsibility. Animal waste litter is controlled by Section 5-43
of the Code of the City of Virginia Beach.
Sec. 17-17 Roadside Litter
It shall be unlawful for any person to deposit any litter,
as designated in 17-1 of this Chapter, upon any public street or right
of way.
Sec. 17-18 Street Sweeping
It shall be unlawful for any vehicle to be parked in a "no
parking" zone designed for street sweei)ing during the respective hours
as noted. It shall also be unlawful for vehicles to be parked in a zone
scheduled for street sweeping when proper notification has been given by
the City through the placement of a notice on the windshield of the
vehicles located in the sweeping zone. The City has the right to remove
any vehicle located within these zones during the designated times of
street sweeping.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the - 14th day of January 1980
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(ITEM II-J.1) ITEM #14662
On motion by Councilman Merrick, seconded by Councilman Holland, City
Council voted to APPROVE the Name Change of the Virginia Beach
Development Council to the VIRGINIA BEACH RESEARCH AND ADVISORY
COUNCIL.
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
(ITEM II-J.2) ITEM #14663 FIRST READING-BONDS
On motion by Councilman Payne, seconded by Councilman Ferrell, City
Council voted to APPROVE ON FIRST READING the following Ordinance
authorizing the issuance of Public Improvement Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of $17,500,000:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara ?l. 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
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AN ORDINANCE AUTHORIZING THE IS-SUANCE
OF PUBLIC IMPROVEMENT BONDS OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, IN THE
MAXIMUM AMOUNT OF $17,500,000
BY IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach to construct and improve various
public facilities and improvements, all of which will promote
the development and public welfare of the City, and to borrow
money for such purposes and issue the City's general obligation
bonds therefor.
2. Pursuant to the authority of the Charter of the
City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as
amended) and the Public Finance Act, as amended, there are
hereby authorized to be issued public improvement bonds of
the City of Virginia Beach in the maximum amount of Seventeen
Million Five Hundred Thousand Dollars ($17,500,000) to provide
funds, together with other funds that may be available, for
the following purposes:
Planning, site acquisition and improvements,
construction, enlargements, renovation and
equipping of school facilities $ 3,011,000
Dredging Lynnhaven River 141,489
Improvements and extensions to streets and
highways, including construction and improve-
ment of surface drainage facilities and right
of way acquisition 5,803,336
Planning, site acquisition and improvements,
construction, enlargements, renovation and
equipping of municipal buildings, including
arts and conference center, administration
building and marine science museum 6,420,174
Planning, site acquisition and*renovation,
and construction and eqtlipping of Beach
Borough parking lots 234,629
Development of new parks, improvements at
existing parks and renovation of community
center 1,889,372
Total $17,500,000
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2
Any amounts not needed for any of such purposes may be used
for any other of such purposes.
3. The bonds shall bear such date or dates, mature
at such time or times not exce@ding forty years from their
dates, bear interest at such rate or rates not exceeding the
maximum rate pe=itted by law at the time the bonds are sold,
be in such denominations and fo=, be executed in such manner
and be sold at such time or times and in such manner, including
the sale of the same as one or more separate issues or in com-
bination with the sale of general obligation bonds heretofore
or hereafter authorized for similar or other purposes, as the
Council shall hereafter provide by appropriate resolution or
resolutions.
4. The bonds shall be general obligations of the
City of Virginia Beach for the payment of principal of and
interest on which its full faith and credit shall be irrevocably
pledged.
5. This ordinance shall take@effect immediately.
Approved this 21st day of January, 1980
By
Mayor
First Reading, January 14, 1980
Second Reading;
D-PA-TM@'4T
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7 7 -
(ITEM II-K.1) ITEM #14664 NEW BUSINESS
Mr. James McKenry, Attorney, representing the Water-Boggan, appeared
requesting their hours of operation be extended from 9:00 p.m. to
1:00 a.m.
The following appeared in oppc>.sition:
Mr. Skip Hendrix, Schooner Inn
Mr. Robert Herman, Owner, Lighthouse Restaurant
On motion by Councilman Riggs, seconded by Councilwoman Oberndorf,
City Council voted to DENY the request of the Water-Boggan to extend
their hours from 9:00 p.m. to 1:bO a.m.
Voting: 11-0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Donald
W. Merrick, Meyera E. Oberneorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
Vice Mayor J. Henry McCoy
Council Members Absent:
None
(ITEM II-K.2) ITEM #14665
on motion by Councilman Merrick, seconded by Councilman Ferrell, City
Council voted to CANCEL the RecTular Meeting of February 18, 1980, as
it is a Legal Holiday (George Washington's Birthday).
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
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7 8-
Council Members Voting Nay:
None
Council Meribers Absent:
None
ITEM #14666
On motion by Councilman Ferrell, seconded by Councilman Holland, and
by UNANIMOUS vote, the meeting adjourned at 5:10 p.m.
@7 - - . .04 @ i
Ruth HodgeEKSmith, City Clerk Mayor Patrick L. Stanciing
City of Virginia Beach,
Virginia
January 14, 1980
h
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