APRIL 28, 1980 MINUTES
CITY OF VIRGINII BEACI MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, 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@@b.@.@ B.,..gh
JOHN A. BAUM, B.,..gb MEYERA E. OBERNDORF, A, L.,g@
F. REID ERVI,14, Al L.,g@ J. CURTIS PAYNE, P,i@,@., A@@@ B@,--gb
GEORGE R. FERRELL, A, L.,g@ ROGER L. RIGGS, Vi,gi@i. B@@,h B@'..gh
BARBARA M. HENLEY, P@.g. B.@.gb RUTH HODGES SMITH, Cily el@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: MONDAY, 28 APRIL 1980 - 5:30 p.m-
A. CALL TO ORDER - MAYOR PATRICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Atlantic Avenue Parking: Discussion
2. Amendment to Master Street and Highway Plan: Discussion of
item on formal agenda.
3. Christopher Center Sewer Agreement: Discussion
ITEM II FORMAL SESSION: MONDAY, 28 APRIL 1980 - 7:00 p.m.
I
A. INVOCATION - Reverend Malcolm Yaple
Pastor
Princess Anne United Methodist Church
B. PLEDGE OF ALLEGIANCE
C. ELECTRONIC ROLL CALL OF COUNCIL
0. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of 21 April 1980.
ITEM II E. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the City Council and will be enacted by one motion in
the form listed. There will be no separate discussion of these
items. If discussion is desired, that item will be removed from
the Consent Agenda and considered separately.
1. Request to defer for 30 days resolutions authorizing the City
tlanager to submit sixth year grant application and amendment
to the Housing Assistance Plan to the Department of Housing
and Urban Development.
2. Appointment of Viewers in the application of Patricia Lunger
and Geneva Brown for a petition for the closure of a portion
of Sand Pine Road (Lynnhaven Borough).
3. Appointment of Viewers in the application of Edmund E. Garrett,
Sr., Catherine Rosetta Garrett, Stanley John Rice and Lillie E.
Rice for a petition for the closure of a portion of Gum Avenue
(Kempsville Borough).
4. Request of the City Treasurer for tax refunds in the amount of
$3,947.68.
F. PLANNING ITEMS
1. DEFERRED ITEMS
a. Deferred for two weeks on April 14, 1980
Application of TCC Development Corporation for a change of
zoning from R-3 Residential District to R-5 Residential Dis-
trict on a 10.93 acre parcel located on the south side of
London Bridge Road, west of Pine View Avenue (Princess Anne
Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
2. NEW APPLICATIONS
a. Application of Russell E. Simpson, Jr., for a change of
zoning from R-5 Residential District to B-2 Community Busi-
ness District on a .57 acre parcel located at the southeast
intersection of Princess Anne Road and Downey Drive (Kemps-
ville Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for denial.
ITEM II F. PLANNING ITEMS (continued)
2. NEW APPLICATIONS (continued)
b. Application of Jack I. and Lynn H. Cherin for a change of
zoning from R-5 Residential District to 0-1 Office District
on a .313 acre parcel located at the southwest corner of
Princess Anne Road and Forest Street (Kempsville Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for denial.
c. Application of Fellowship Independent Baptist Church for a
conditional use permit for a church on a 3.82 acre parcel
located on the south side of Indian River Road, east of
Kempsville Road (Kempsville Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
d. Application of Cypress Properties, Ltd, for a conditional
use permit for four multiple-family dwelling units in con-
junction with a motel on a two-acre parcel located on the
east side of Parks Avenue, south of 21st Street (Virginia
Beach Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
3. ORDINANCE AMENDMENTS
a. Ordinance to amend and reordain Article 6, Sections 602 and
613 of the CZO pertaining to rear yard setback in the A-1
and A-2 Apartment Districts;
AND, and Ordinance to amend and reordain Article 5, Section
582 of the CZO pertaining to rear yard setback in the R-9
Residential Townhouse District.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
b. Ordinance to amend and reordain the '@laster Street and Highway
Plan dated December 16, 1974.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval and further states
the reasons he cannot support this recommendation at this
time.
ITEM II G. ORDINANCES
1. Appropriations
a. Second Readings
1. Ordinance to appropriate, on SECOND READING, funds
in the amount of $89,875 for the Tidewater Virginia
Alcohol Safety Action Program (TVASAP) for the period
ending June 30, 1980.
2. Ordinance to accept a grant totaling $b,468, on
SECOND READING, from the Southeastern Tidewater
Opportunity Project (STOP) and to appropriate these
funds.
3. Ordinance to appropriate additional funds of $472,179,
on SECOND READING, for the State Fuel Assistance Program.
b. First Readings
1. Ordinance to appropriate funds in the amount of
$15,500, on FIRST READING, for street improvements to
the 100 Block of 77th Street.
2. Ordinance to appropriate funds in the amount of $15,000,
on FIRST READING, for a telephone system review.
3. Ordinance to accept a grant totaling $225,653, on
FIRST READING, from the Division of Justice and Crime
Prevention and to appropriate these funds.
4. Ordinance to appropriate Library Title XX funds in the
amount of $12,177, on FIRST READING, to the Department
of Public Libraries.
2. City Code Amendments
a. Ordinance to amend Chapter 2 of the Code of the City of
Virginia Beach by adding Section 2-21 relating to terms
for Members of Boards and Commissions.
ITEM II I. OLD BUSINESS
1. Parking vs@Non-Parking Atlantic Avenue
2. City's Industrial and Tourist Promotion Advertising
Letter from Vice Mayor McCoy to Members of Council.
3. Appointments - Boards and Commissions
J. NEW BUSINESS
M I N IJ T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
28 April 1980
The Regular Pleeting 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, 28 April 1980, at five-thirtv O'clock in
the evening
Council Members Present:
John A. 9aum, F. Reid Ervin, I'larbara M. Henley, Donald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Rigclts, and Mayor Patrick L. Standing
Council Members Absent:
George R. Ferrell, Clarence A. Holland*, and Vice Playor.i.
Henry McCoy, Jr.**
ITEM #15052
Mayor Standing entertained a motion to permit Council to conduct its INFOR@IAL
SESSION. (EXECUTIVE SESSION was not scheduled).
Upon motion by Councilman Payne, seconded by Councilwoman Henley, City Council
voted to conduct its INFORMAL SESSION.
Voting: 8-0
Council Members Voting Aye-
John A. Baum, F. Reid Ervin, Barbara M. Henley, Donald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
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Council Members Absent:
George R. Fe rrel 1 , Cl aren ce A. Hol I an d, an d Vice Mayor J.
Henry McCoy, Jr.
**VICE MAYOR MCCOY ENTERED MEETING AT 5:35 p.m.
M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15053
Councilman Merrick discussed with Council a letter from Kiplinger regarding
conventions, and requested the City Manager to study the area outlined.
ITEM #15054
Councilman Merrick advised Council of an item on the FORMAL AGENDA regarding
the Ordinances to amend and reordain Article 6, Section 602 and 613; and,
Article 5, Section 582 of the Comprehensive Zoning Ordinance pertaining to
rear yard setback requirements in the A-1 and A-2 Apartment Districts and
the R-9 Residential-Townhouse District.
Councilman Merrick discussed the need for clarification of the Ordinances,
and requested they be "redrawn" to clarify that the main structure has to
be twenty feet (20') off the property line to allow the garage (storage area)
ten feet (10') off the property line.
ITEM #15055
Councilman Merrick advised Council of a letter he received from the City Manager
regarding the Lynnhaven Parkway interchange with Route 44.
Councilman Merrick further advised he had no questions with regards to the
Lynnhaven Parkway and Route 44 interchange; however, he did question the
six-lanes of Virginia Beach Boulevard.
The City Manager advised Councilman Merrick it should read "the six-lanes of
the Toll Road".
ITEM #15056
Councilman Ervin advised that on 17 April 1980 the City Manager presented to
Council a report on how the advertising budget is computed.
Councilman Ervin suggested Council re-examine the policy due to the amount of
money that could be expended by the use of this computation.
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*COUNCILMAN HOLLAND ENTERED MEETING AT 5:37 p.m.
I N F 0 R M A L S E S S I 0 N
ITEM #15057
The City Manager advised Council he had requested the Director of Public Works
and the Traffic Engineer to appear before Council to discuss the Atlantic
Avenue Parking.
Mr. Lambert advised Council that prior to the removal of parking spaces for the
left-turn lanes, his department performed a time delay study on 28 April 1979,
at both 17th Street and 22nd Street. The studies were done on the weekend to
determine the delay time for vehicles attempting to make left turns off of
Atlantic Avenue onto 17th Street and 22nd Street, It was found that there was
considerable delay experienced with vehicles attempting these turns.
On June 30, 1979, after the installation of the left-turn lanes and the removal
of the parking at the above locations, the Department performed a similar time
delay study. By comparing the two (2) studies, it was found that in all but one
(1) instance, the overall delay per vehicle was reduced substantially by the
addition of the left-turn lane.
The Public Works Department has also examined the concept of totally removing all
parking along Atlantic Avenue from approximately 14th Street to 25th Street.
(Exhibit "A")
This matter will be discussed during the FORMAL SESSION of City Council.
ITEM #15058
The City Manager discussed with Council the proposed amendments to the Master
Street and Highway Plan. The proposed changes are:
1. Extend Diamond Springs Road as a 66-foot right-of-way
Southeastward from its intersection with Wesleyan Drive
to intersect with Witchduck Road near Lavender Lane,
delete Proposed Baker Road Extended between its inter-
section with Newtown Road and Lavender Lane, and increase
Newtown Road from a 66-foot to a 90-foot right-of-way
between Haygood Road and Diamond Springs Road Extended,
and straightening out the alighment.
2. Delete a grade-separated interchange at the intersection
of Holland Foad and Independence Boulevard
This matter will be discussed during the FORMAL SESSION of Council.
04/28/80
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ATLANTic AVENUE FRom 14TH STREET To 25TH STREET CONSISTS
OF APPROXIMATELY 51'+ OF PAVEMENT WITH GUTTER ON EACH SIDE WHICH
ARE APPROXIMATELY TWO FFET (2') WIDE EACH, FOR MOVING VEHICULAR
TRAFFIC, ONLY THE 51' OF PAVEMENT CAN BE UTILIZED OR CONSIDERED AS
USEFUL SINCE IT IS UNSAFE TO USE THE GUTTERS FOR TRAFFic. HOWEVER,
THE GUTTERS CAN BE SAFELY UTILIZED AS A PART OF THE PARKING AREA
ALONG THE STREET.
UNTIL THE SUMMER OF 1979, PARKING WAS PERAITTED ALONG BOTH
SIDES OF ATLANTic AVENUE FROM THE RUDEE LooP AREA NORTHWARD To 25TH
STREET. DURING THE WINTER OF 1978-1979, THE TRAFFic EN61NEERING
DIVISION VIAS RE.QUESTED BY THE BUSINESS COMMUNITY OF THE BEACHFRONT
AREA (tA.OTELS, RESTAURANTS, SHOPS, ETC.) TO INVESTIGATE MEANS OF IM-
PROVING THE TRAPFIC CONDITIONS ALONG ATLANTIC AVENUE, THEY WERE
CONCERNED WITH THE SEVERE TRAFFIC CONGESTION PROBLEMS ALONG ATLANTIC
AVENUE DURING THE SUMMER MONTHS.
DURING THE SUMMER SEASON, MANY TIMEs ATLANTic AVNUE WOULD
BECOME ALMOST IMPOSSIBLE. THEY ALSO VOICED CONCERN OVER "CRUISERS"
WHO CONTINUALLY RIDE UP AND DOWN ATLANTic AVENUE IN CARS AND ESPECIALLY
IN VANS. IT WAS THE CONTENTION OF THE BUSINESS COMMUNITY THAT THESE
it CRUISERS It WERE THE SOURCE OF ROLLING PARTIES, AS WELL AS THE CAUSE
OF UNNECESSARY BOISTEROUS ACTIVITIES ALONG ATLANTic AVENUE,
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THE CONCEPT OR IDEA OF REMOVING THE PARKING ALONG ATLANTIC
AVENUE WAS SUGGESTED TO THE CITY IN OCTOBER OF 1978 IN TWO (2) SEPARATE
LETTERS, ON OCTOBER 20, 1978, DAN SPRY, JR., PRESIDENT OF THE INKEEPERS,
WROTE TO MAYOR STANDING RECOMMENDING THAT ALL PARKING BE REMOVED BE-
TWEEN 17TH & 25TH STREETS ON ATLANTic AVENUE.
THE SAME SUGGESTION WAS ALSO SENT TO MAYOR STANDING ON
OCTOBER 30, 1978 By ALBIN R. MAILHES, EXECUTIVE VICE-PRESIDENT, OF
THE CHAMBER OF COMMERCE.
AS A FOLLOW-UP TO THESE SUGGESTIONS, A WORKSHOP WAS SCHEDULED
AT THE VIRGINIA BEACH DomE ON FEBRUARY 2, 1.979 TO DISCUSS WITH THE
INNKEEPERS AND MERCHANTS THE VARIOUS TRAFFIC ALTERNATIVES, THESE
ALTERNATIVES INCLUDED:
1. ONE-WAYING OF ATLANTIC & PACIFic AVENUES
?, ELIMINATION OF PARKING ON ATLANTIC AVENUE FROM 15TH
STREET To 2@DTH STREET AND
3. THE ELIMINATION OF PARKING ON ATLANTic AVENUE IN THE
VICINITY OF 17TH STREET & 22ND STREET FOR THE INSTALLA-
TION OF LEFT TURN LANES. THIS WORKSHOP WAS ADVERTISED
IN THE NEWSPAPERS,
THE BASIC SENTIMENTS OF THOSE IN ATTENDANCE AT THE WORKSHOP
WAS THAT THEY WERE AGAINST THE ONE-WAY STREETS, BUT THEY DID FAVOR
ELIMINATION OF PARKING ON ATLANTic AVENUE TO AT LEAST PROVIDE LEFT
TURN LANES AT 17TH STREFT & 22ND STREET.
2
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ON MARCH 1, 1979, DAN SPRY, PRESIDENT OF THE INNKEEPERS,
AGAIN WROTE TO MAYOR STANDING TO AGAIN VOICE NO OPPOSITION TO THE
PROPOSAL OF LEFT TURN LANES AT 17TH STREET & 22ND STREET. HE
SUGGESTED REMOVAL OF PARKING ON JUST THE EAST SIDE OF ATLANTIC
AVENUE TO PROVIDE THE LEFT TURN LANES; HOWEVER, AS NOTED AT THE
BEGINNING OF THIS REPORT, WITH ONLY 51' OF PAVEMENT, THERE IS
INSUFFICIENT ROOM TO PROVIDE LEFT TURN LANES BY ONLY REMOVING
PARKING ON ONE (1) SIDE,
AT THE END OF APRIL OF 1979, THE PARKING WAS REMOVED FROM
BOTH SIDES OF ATLANTic AVENUE IN THE VICINITY OF 17TH STREET &
22ND STREET AND THE LEFT TURN LANES WERE INSTALLED.
PRIOR TO THE REMOVAL OF THESE PARKING SPACES FOR THE LEFT
TURN LANES, WE PERFORMED A TIME DELAY STUDY ON APRIL 28, 1979, AT
BOTH 17TH STREET AND 22ND STREET. THESE STUDIES WERE DONE ON THAT
SATURDAY AFTERNOON AND THAT SATURDAY EVENING TO DETERMINE THE DELAY
TIME FOR VEHICLES ATTEMPTING TO MAKE LEFT TURNS OFF OF ATLANTIC
AVENUE ONTO 17TH AND 22ND STREETS, WITHOUT THE SEPARATE LEFT TURN
LANE WE ANTICIPATED AND-WE FOUND AS A RESULT OF THE STUDY, THAT
THERE WAS CONSIDERABLE DELAY EXPERIENCED WITH VEHICLES ATTEMPTING
THESE TURNS.
ON JUNE 30, 1979, AFTER THE INSTALLATION OF THE LEFT TURN
LANES AND THE REMOVAL OF THE PARKING AT THESE LOCATIDNS ON ATLANTIC
AVENUE, WE AGAIN PERFORMED A SIMILAR TIME DELAY STUDY AS WAS DONE
ON APRIL 28, 1979. By comPARING THE TWO (2) STUDIES, WE FOUND THAT
IN ALL BUT ONE (1) INSTANCE, THE OVERALL DELAY PER VEHICLE WAS
3 - 0 4/28/80
-7-
REDUCED SUBSTANTIALLY BY THE ADDITION OF THE LEFT TURN LANE. AT
22ND STREET THERE WERE REDUCTIONS OF 14/@o AND 28% FOR DELAYS PER
VEHICLE AND AT 17TH STRELT THERE WAS A REDUCTION OF APPROXIMATELY
23% FOR DELAYS PER VEHICLE, DURING ONE (1) PERIOD, HOWEVER, THERE
WAS AN INCREASE IN THE DELAY PER VEHICLE AT 17TH STREET; HOWEVER,
WE ATTRIBUTE THAT PRIMARILY TO THE SIGNIFICANTLY HIGHER VOLUMES OF
VEHICLES AT THAT TIME OF YEAR (THIS WAS THE 4TH OF JULY WEEK-END),
ADDITIONALLY, WE HAVE THROUGH THE METHOD OF CRITICAL LANE
ANALYSIS, CALCULATED THE LEVELS OF SERVICE FOR THESE TWO (2) INTER-
SECTIONS, THIS IS AN ANALYTICAL METHOD BY WHICH A COMPARISON Is
MADE FOR VEHICLES UTILIZING THIS ENTRANCE WITH OR WITHOUT A LEFT
TURN LANE AND THE ASSOCIATED EFFICIENCIES OR LEVELS OF SERVICE,
AT ATLANTIC AVENUE AND 17TH STREET, WE FOUND THROUGH OUR
ANALYSIS THAT WITHOUT THE LEFT TURN LANE, THE LEVEL OF SERVICE WAS
APPROXIMATELY AT "E". LEVEL OF SERVICE "E" INDICATES THAT THE
INTERSECTION IS OVER-CAPACITATED, AT THIS OPERATION, THE SPEEDS
AND FLOW RATES FLUCTUATE AND THERE IS LITTLE INDEPENDENCE OF SPEED
SELECTION OR MANEUVER. HEADWAYS ARE SHORT AND OPERATING SPEEDS ARE
SUBJECT TO RAPID FLUCTUATION WITH DRIVER COMFORT BEING LOW AND ACCIDENT
POTENTIAL HIGH.
WE ALSO FOUND THAT WITH THE LEFT TURN LANE AT THIS LOCATI.ON,
WE COULD ANTICIPATE A LEVEL OF SERVICE AT "C". A LEVEL OF SERVICE "C"
PROVIDES STABLE FLOW ALTHOUGH MOST DRIVERS ARE BECOMING SOMEWHAT
RESTRICTED IN THEIR FREEDOM TO SELECT SPEED AND CHANGE LANES.
Li -
0 4/28/80
THIS LEVEL OF SERVICE IS FREQUENTLY SELECTED AS BEING AN APPROPRIATE
CRITERIA FOR DESIGN PURPOSES AND WOULD BE MUCH MORE ACCEPTABLE THAN
THE OTHER CASE OF LEVEL OF SERVICE
AT 22ND AND ATLANTIC, WE FOUND THAT WITHOUT THE LEFT TURN
LANE, A LEVEL OF SERVICE OF "D" COULD BE EXPECTED. AT A LEVEL OF
SERVICE "D", THE TRAFFIC APPROACHES AN UNSTABLE FLOW WITH TOLERABLE
AVERAGE OPERATING SPEED, BUT SUBJECT TO CONSIDERABLE AND SUDDEN
VARIATION, WITH THE LEFT TURN LANE AT THIS LOCATION, WE CALCULATED
A LEVEL OF SERVICE OF "A", WHICH IS THE HIGHEST OUALITY OF SERVICE
A PARTICULAR CLASS OF RAODWAY CAN PROVIDE,
WE FEEL THAT THESE LEFT TURN LANES HAVE BEEN A DEFINITE
BENEFIT TO THE TRAFFIC CONDITIONS ALONG ATLANTIC AVENUE, ALSO,
FURTHERED BY THE FACT THAT THE NEW SIGNAL WILL BE INSTALLED AT 22ND
STREET IN CONJUNCTION WITH THE 2!ST AND 22ND STREET SIGNAL SYSTEM,
IT WILL ALSO BE OF BENEFIT IN CONJUNCTION WITH THE TURN LANE. WE
PLAN IN THE FUTURE TO UPGRADE THE SIGNAL AT 17TH AND ATLANTIC TO
FUNCTION MORE EFFICIENTLY THAN THE EXISTING SIGNAL. HOWEVER, EVEN
IN THE INTERIM, THE PROTECTED OR SEPARATE LEFT TURN LANE DOES IMPROVE
THE EFFICIENCY OF THE INTERSECTION,
WE HAVE ALSO EXAMINED THE CONCEPT OF TOTALLY REMOVING ALL
PARKING ALONG ATLANTIC AVENUE FROM APPROXIMATELY 14TH STREET TO
25TH STREET. A SURVEY WAS MADE OF ALL THE BUSINESS ESTABLISHMENTS
ALONG ATLANTic AVENUE FRom 6TH STREET To 25TH STREET, TO OBTAIN
THEIR VIEWPOINT OF THIS ITEM.. EACH WAS ASKED "WOULD YOU BE OPPOSED
TO THE CITY REMOVING ALL PARKING FRom ATLANTic AVENUE PROVIDED
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DELIVERY TRUCKS AND LOADING WERE PERMITTED FRom 6:00 A.M. TO 12:00
NOON
A COPY OF THE SURVEY AND A BREAKDOWN ACCORDING TO BLOCK
AND TYPE OF BUSINESS IS INCLUDED AS A PART OF THIS REPORT, OVERALL,
THE HOTELS AND MOTELS TENDED TO FAVOR REMOVAL OF PARKING WHILE THE
RETAIL ESTABLISHMENTS AND RESTAURANTS WERE AGAINST THE REMOVAL OF THE
PARKING. A summARY OF THE SURVEY RESPONSE FOR THE AREA FRom 14TH
STREET To 25TH STREET IS AS FOLLOWS:
w r-
o 0 0 0 0 0 Z;
E > > 0
0 z -w
(D 0 Z U0
Total 14th to 25th Streets: Eotel 24 9 3 2 4 6
Retail 59 4 3 8 24 3 @7
Rest. 39 0 7 6 12
Total 14th to 25tb Streets 12 13 8 12 45 9 35
6
04/28/80
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WITH THE TOTAL REMOVAL OF PARKING ALONG ATLANTIC AVENUE,
THERE WOULD BE THE LOSS OF PARKING SPACES. FRom 6TH STREET To 25TH
STREET, THERE PRESENTLY EXISTs 201 METERED SPACES AND 17 NON-METERED
PARKING SPACES. FROM 14TH STREET To 25TH STREET, THERE PRESENTLY
EXISTS 97 METERED PARKING SPACES AND 5 NON-METERED PARKING SPACES,
WHICH WOULD BE DELETED IF PARKING WERE REMOVED. THE INVENTORY OF
PARKING SPACES IS ATTACHED.
THE FOLLOWING ARE THE ADVANTAGES AND DISADVANTAGES OF
REMOVING THE PARKING ALONG ATLANTIC AVENUE WITH THE PROVISION THAT
LOADING BE PERMITTED FRom 6:00 A.M. THRU 12:00 NOON:
ADVA[ITAGES:
1. INCREASED VEHICULAR INTERSECTION CAPACITIES WITH INSTALLATION OF
PROTECTED LEFT TURN LANES.
2. IMPROVED LEVEL OF SERVICE ALONG THE ROADWAY AS WELL AS AT THE
INTERSECTIONS,
3. REDUCTION OF SIDE SWIPE TYPE ACCIDENTS INVOLVING PARKED VEHICLES,
4. IMPROVED SIGHT DISTANCES AT ALL CORNERS WHICH IS PRESENTLY A
SEVERE PROBLEM DUE TO PARKED VEHICLES.
5. IMPROVED ACCESS FOR SHUTTLE BUS SERVICE ALONG ATLANTic AVENUE.
7
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6. REDUCED COSTS OF PERSONNEL TO MAINTAIN, COLLECT AND ENFORCE THE
METERED PARKING.
7. THE CITY LANDSCAPE SER'VICEs DIVISION FEELS THAT REMOVAL OF PARKING
WOULD GREATLY IMPROVE AND ENHANCE STREET SWEEPING AND STREET CLEANING
OPERATIONS ALONG ATLANTic AVENUE.
8. THE REFUSE COLLECTION DiviSION INDICATES THAT GARBAGE TOLLECTION
WILL BE GREATLY IMPROVED WITHOUT THE PARKING,
9. THE FIRE DEPARTMENT INDICATES IMPROVED RESPONSE FOR EMERGENCY
VEHICLES WITHOUT THE PARKING DUE TO THE WIDE PAINTED MEDIAN AND ROOM
FOR VEHICLES TO MOVE TO THE RIGHT.
10. ATLANTic AVENUE WOULD HAVE A CLEANER LOOK WITHOUT PARKED VEHICLES
ALONG THE ROADWAY AND METER POSTS IN THE SIDEWALK AREA.
11. THE POLICE DEPARTMENT INDICATES THAT WITHOUT PARKING, THERE WOULD
BE LESS TENDENCY FOR PEOPLE TO CONGREGATE ON TOP OF CARS IN FRONT OF
VARIOUS NIGHT SPOTS.
12, LESSEN NUMBER OF VEHICLES ON ATLANTic AVENUE WHICH ARE ONLY THERE
LOOKING FOR A PARKING SPACE.
8
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DISA
1, Loss IN REVENUE FROM REMOVED METERS.
2, PROBLEM WITH PEOPLE PARKING IN OUTSIDE TRAVEL LANE. POLICE HAVE
HAD A PROBLEM WITH THIS IK AREAS OF 17TH AND 22ND STREETS, THIS
COULD BE SOMEWHAT REDUCED WITH STRICT ENFORCEMENT OF THE 6:00 A.M.
THRU 12:00 NOON LOADING PERIOD,
3. Loss OF PARKING FOR RETAIL ESTABLISHMENTS AND MOTELS ALONG
ATLANTIc AVENUE (THIS OVERALL LOSS WILL BE MADE UP WITH THE NEW
19TH STREET PARKING LOT), REDUCTION OF 102 SPACES ON ATLANTIC
AVENUE AND INCREASE AT 19TH STREET OF APPROXIMATELY 210 SPACES FOR
A NET GAIN OF 108 SPACES.
9
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8/6/79
SUMMARY OF PARKING INVENTORY
RuDEE INLET 40 S
ATLANTIc To PACIFIC ON SIDE STREETS . . . . 730 METERFD
750 NON-METERED
ATLANTic To PACIFIC PUBLIC/PRIVATE LOTS . . 1,312 SPACES
ATLANTIC - ON STREET
INLET TO !4TH STREET
163 SPACES 10 LOADING ZONES
4 DOUBLE SIZE LOADING ZONES
14TH THRU 25TH STREETS:
102 SPACES 8 LOADING ZONES
4 DOUBLE SIZE LOADING ZONES
25Tk THRU 27TH STREETS
NO PARKING AT ALL
0 4/28/80
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ITEM #15059
The City Manager advised Council he requested Mr. Aubrey V. Watts, Jr., Director
of Public Utilities, to appear before Council regarding the Christopher Center
Sanitary Sewerage Agreement.
The agreement is for the construction of a sanitary sewer system which will
serve the proposed Christopher Center project, as well as other parcels along
South Boulevard, Baxter Road, Bonney Road and Independence Boulevard.
The pump station will serve approximately 90 acres, which includes the Christopher
Center site, 20 acres and an additional 70 acres; and, will avoid the construction
of two additional public pump stations, as well as the possibility of several
smaller private individual pumping systems in the future.
The City Manager further advised an Ordinance will be on the agenda of 5 May
1980 regarding the above matter.
04/28/80
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
28 April 1980
Seven o'clock in the evening
Council Members Present:
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. Cur.tis Payne, Roger L. Riggs, and
Patrick L. Standing
Council Members Absent:
George R. Ferrell
INVOCATION: Reverend Malcolm Yaple, Pastor
Nimmo Church
MINUTES
(II-D.1) ITEM #15060
Upon motion by Councilman Baum, seconded by Vice Mayor McCoy, City Council voted
to APPROVE the minutes of the Regular Meeting of 21 A.Dril 1980.
Voting: 10-0
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
04/28/80
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Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
0 L D B U S I N E S S
Mayor Standing advised Council this was being brought forward from Old Business
due to the length of the meeting.
ITEM #15061
Mr. James Friedley - requesting Council restore the three (3) blocks where the
parking was eliminated.
Mr..,Ioe Howa - advised the merchants are aware of the problems on Atlantic
Avenue and have met with the Innkeepers to come up with a viable solution
to this matter.
Mr. George H. Leary - advised Council the Retail Merchants and Innkeepers of
Virginia Beach agree to a one (1) year trial of the following:
1. Parking on both sides of Atlantic Avenue from I October
to Good Friday;
2. No parking on the East side of Atlantic Avenue from 5th
Street to 25th Street from Good Friday until 1 October;
3. No parking on West side of Atlantic Avenue from 9:00 p.m.
to 6:00 a.m. with meters in effect until 9:00 p.m.;
4. Parking meters 25cts per hour with a two hour limit;
5. One vehicle per space;
6. Police enforce present law to reduce drinking in public
and loud and abusive language;
7. These changes give emergency vehicles and police an access
lane for movement down Atlantic Avenue; and
8. Suggesting that parking consideration on the East side of
Atlantic Avenue be given to delivery trucks, where it does
not interfere with left hand stacking lanes.
Mr. Howa advised he would like to have placed in the records a petition with
approximately eighty (80) signatures of business owners in the Beach Borough,
requesting the City of Virginia Beach to restore and retain all available
parking spaces on Atlantic Avenue.
04/28/80
-1 7-
Mr. Howa stated the merchants on Atlantic Avenue did not want the petition to be
miscontrued as contradictory due to the suggestions just discussed with Council.
Mrs. Mary Purdy - requesting the meters at 30th Street be removed and horizontal
parking be placed on the street.
Mrs. Mary Ka@etonorkis - Plantation Restaurant - requesting two-way streets
be restored in the Beach Borough.
Mrs. Tessie Fentress - Plantation Motel - requesting two-way streets be restored
in the Beach Borough.
Mr. R. Wilson Chaplain - requesting all parking be removed from Atlantic Avenue;
the center lane should be a left turn storage lane; and, advance green light.
Mrs. Suzanne Goldsticker - has noticed no problems in the parking being removed
from Atlantic Avenue
Upon motion by Vice Mayor McCoy, seconded by Councilman Baum, to defer for one (1)
week consideration of the parking problem in the Beach Borough; and, take into
consideration the recommendations of the Traffic Engineer and the recommendations
of the Merchants and Innkeepers of Virginia Beach.
Voting: 10-0
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
-18-
C 0 N S E N T A G E N D A
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.
(ITEM II-E.1) ITEM #15062
Upon motion by Councilman Baum, seconded by Councilman Payne, City Council voted
to DEFER FOR THIRTY (30) DAYS the Resolutions authorizing the City Manager to
submit sixth year Grant application and amendment to the Housing Assistance Plan
to the Department of Housing and Urban Development. (Thirty days hence is the
Memorial nay Holiday. Therefore, this item will be scheduled for the Formal
Agenda @ionday, June 9, 1980).
Voting: 10-0
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
-19-
(ITEM II-E.2) ITEM #15063
Upon motion by Councilman Baum, seconded by Councilman Payne, City Council voted
to APPROVE the Ordinance appointing Viewers in the application of Patrica Lunger
and Geneva Brown for a petition for the closure of a portion of Sand Pine Road,
in the Lynnhaven Borough.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara 11. 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:
George R. Ferrell
04/28/80
- 20-
ORDINANCE APPOIRITING VIEWERS
WHEREAS, Patricia Lunger and Geneva Brown have given due and proper
notice, in accordance with the Statutes for such cas@s made and provided that
they will on the day of , 1980, apply to the
City Council of the City of Virginia Beach, Virginia, for the appointment of
Viewers to view the below-described property and report in writing to the
Council whether, in the opinion of Said Viewers, any, and if any, what in-
convenience would result from the discontinuance of the hereinafter described
portion of that certain street, and has filed stach application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia
Beach, Virginia:
THAT C. Oral Lambert
Robert J. Scott and
David rl. Grochmal are
hereby appointed to view the below described property and report in writing
to the Council on or before , 1980, whether in their
opinion, anv, and if any, what inconvenience would result in the discontinuing and
vacating of a portion of that certain street of variable width located in the City
of Virginia Beach, Virginia, and more particularly described as follows:
Beginning at a point in the Southern line of Cape Henry
Drive distant 100 feet Easterly from the dividing line
between lots 40 and 41 as shown on that certain plat
entitled "Subdivision of Section No. 5, Part 2, Lynnhaven
Colony, Lynnhaven Borough, Virginia Beach, Virginia." Scale
1" = 100', June 1967 duly recorded in the Clerk's Office of
the Circuit Court of Virginia Beach, Virginia, in Map Book
74 at Page 7, which said r)oint is the beginning of a curve
to the right having a radius of 10 feet and running along
said curve an arc distance of 15.71 feet to a point which
is the Southern terminus of said curve; thence running
South 16 Pegrees 28 Minutes 09 Seconds East, a distance of
60 feet to a point vihich marks the beginning of a curve to
the right having a radius of 40 feet and running along said
curve an arc distance of 62.83 feet to a point which is the
Western terminus of said curve; thence running South 73
Degrees 31 Minutes 51 Seconds 'Aest, a distance of 1.14 feet
to a point which marks the beginning of a curve to the left
having a radius of 50, said point is also the Southwestern-
most corner of that portion of Sand Pine Road proposed to be
closed, and running along said ctirve, in an Easterly direction,
an arc distance of 36.14 feet to a point of reverse curve; thence
04/28/60
- 21 -
along a curve to the Y,ight having a radius of 50 feet iin
arc distance of 78.53 feet to a point marking the South-
easternmost corner of the said portion of Sand Pine Road
proposed to be closed, thence running in a Northerly
direction along a curve to the right having a radius of
50 feet an arc distance of 36.14 feet to the Northern
terminus of said curve; thence running North 16 Degrees
@8 Minutes 09 Seconds West a distance of 58.86 feet to
a point which is the beginning of a curve to the right
having a radius of 10 feet and running along said curve
an arc distance of 15.71 feet to the Eastern terminus of
said curve which lies in the Southern line of Cape Henny
Drive; thence running in a Westerly direction along the
Southern line of Cape Henry Drive South 73 Degrees 31
Minutes 51 Seconds West a distance of 70 feet to the
point of begi'nnl'ng.
All the above as shown upon that certain plat entitled "Plat of
Subdivision of Section No. 5, Part 2, Lynnhaven Colony, Lynnhaven Borough,
Virginia Beach, Virginia", which plat is attached hereto and made a part
hereof and intended to be recorded with the Ordinance closing the afore-
described street.
04/28/80
- 22-
IN THE MATTER OF THE CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET, KNOWN AS SAND PINE ROAD, AS SHOWN
UPON THAT CEPTAIN PLAT ENTITLED, "PLAT OF
SUBDIVISION OF SECTION NO. 5, PART 2,
LYNNHAVEN COLONY, LYNNHAVEN BOROUGH, VIRGINIA
BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA
Your petitioner, Patricia Lunger and Geneva Brown, respectfully
represent as follows:
1. That pursuant to the provisions of Section 15.1-364 of the 1950
Code of Virginia, as amended, the petitioners apply for the vacating, closing
and discontinuance of a portion of that certain street, which is more
specifically described as follows:
Beginning at a point in the Southern line of Cape Henry Drive
distant 100 feet Easterly from the dividing line between lots
40 and 41 as shown on that certain plat entitled "Subdivision
of Section No. 5, Part 2, Lynnhaven Colony, Lynnhaven Borough,
Virginia Beach, Virginia" scale 1" = 100', June 1967 duly re-
corded in the Clerk's Office of the Circuit Court of Virainia
Beach, Virginia, in Map Book 74 at Page 7, which said pol@nt is
the beginning of a curve to the right having a radius of 10
feet and running along said curve an arc distance of 15.71 feet
to a point which is the Southern terminus of said curve; thence
running South 16 Degrees 28 Minutes 09 Seconds East, a distance
of 60 feet to a point which marks the beginning of a curve to
the right having a radius of 40 feet and running along said
curve an arc distance of 62.83 feet to a point which is the
Western terminus of said curve; thence running South 73 negrees
31 Minutes 51 Seconds West, a distance of 1.14 feet to a point
which marks the beginning of a curve to the left having a
radius of 50 feet, said point is also the Southwesternmost corner
of that portion of Sand Pine Road proposed to be closed, and
running along said curve, in an Easterly direction, an arc distance
of 36.14 feet to apoint of reverse curve; thence along a curve to
the right having aradius of 50 feet an arc distance of 78.53 feet
to a point marking the Southeasternmost corner of the said portion
of Sand Pine Road proposed to be closed; thence running in a
Northerly direction along a curve to the right having a radius of
50 feet an arc distance of 36.14 feet to the Northern terminus of
said curve; thence running North 16 Degrees 28 Minutes 09 Seconds
West a distance of 58.86 feet to a point which is the beginning
of a curve to the right having a radius of 10 feet and running
along said curve an arc distance of 15.71 feet to the Eastern
terminus of said curve which lies in the Southern line of Cape
Henry Drive; thence running in a Westerly direction along the
Southern line of Cape Henry Drive South 73 Degrees 31 Minutes
51 Seconds West a distance of 70 feet to the point of beginning.
04/28/80
23-
Said parcel of land being a portion of Sand Pine Road, as indicated on
that certain plat entitled, "Plat of Subdivision of Section No. 5, Part 2,
Lynnhaven Colony, Lynnhaven Borough, Virginia Beach, Virginia", which plat
is attached hereto and made a part hereof and intended to be recorded with
the Ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons by reason of
said closing, vacation, and discontinuance of said street; and petitioner
prays that this Honorable Council appoint Viewers as provided by law to view
said platted street proposed to be closed and to report in writing to the
Council on or before the day of , 1980, as to
whether in the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of said street,
as herein reported and described.
3. That on the day of 1980, Notice of the
presenting of this Application was posted at the Courthouse of the Circuit Court
of the City of Virginia Beach, Virginia, on the premises to be closed, and at the
City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as
evidenced by the Affidavit attached hereto, and a copy of said Notice.
4. That the Petitioners are the fee simple owners of all land along
and adjacent to and affected by said portion of the platted street to he closed
and consequently, your Petitioners are the only landowners affected by the same.
Respectfully submitted,
PATRICIA LUNGER
GENEVA BROWN
By
Of Counsel
Clifford Love, III
1604 Hilltop West Executive Center
Suite 306
Virginia Beach, Virginia 23451
04/28/80
24-
(ITEM II-E.3) ITEM #15064
Upon motion by Councilman Baum, seconded by Councilman Payne, City Council voted
to APPROVE the Ordinance appointing Viewers in the application of Edmund F. Garrett,
Sr., and Catherine Rosetta Garrett, Stanley John Rice and Lillie E. Rice for a
petition for the closure of a portion of Gum Avenue, in the Kempsville Borough.
Voting: 10-0
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
25-
ORDINANCE APPOINTING VIEWERS
WHEREAS, EDMIJND,E. GARRETT, SR., CATHERINE ROSETTA GARRETT, STANLEY
JOHN RICE and LILLIE E. RICE have given due and proper notice, in accordance
with the Statutes of such cases made and provided that they will on the 28th
day of , 1980, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below described property
and report in writing to the Council whether, in the opinion of said Viewers,
any, and if any, what inconvenience would result from the discontinuance of the
hereinafter described portion of that certain street of approximatly 175 feet,
more or less, in width, and has filed such application with Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia
Beach, Virginia:
THAT C. Oral Lambert
Robert J. Scott
AND David M. Grochmal are
hereby appointed to view the below-described property and rep6rt in writing to
the Council on or before , 1980, whether in their opinion
any, and if any, what inconvenience would result in the discontinuing and vacating
of a portion of that certain street of approximately 175 feet, more or less, in
width, located in the City of Virginia Beach, Virginia, and more particularly
described as follows:
That portion of Gum Avenue lying North of Southern Boulevard
(formerly 4th Street) and being that portion which extends
from the intersection of Gum Avenue and Southern Boulevard
(formerly 4th Street) in a Northerly direction, a distance
of 175 feet, as shown on plat entitled, "C. W. Deal", which
said plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 70, at Page 7-B.
All of the above as shown on the Plat which shows the closing of said
portion of Gum Avenue, in the City of Virginia Beach, Virginia, which Plat is
attached hereto and made a part hereof and intended to be recorded with the
Ordinance closing the aforedescribed street.
04/28/80
26-
PETITION FOR CLOSURE OF PORTION OF GUM AVENtiE
IN THE CITY OF VIRGINIA BEACH, VIRCINIA
TO: The Honorable Council of the City of Virginia Beach, Virginia:
Your Petitioners, Ed@und E. Garrett, Sr., Catherine Rosetta Garrett,
Stanley John Rice, and Lillie E. Rice, respectfully represent:
1. That your Petitioners are the fee simple owners of the legal title
to all property abutting and adjacent to a portion of Gum Avenue, in the City of
Virginia Beach, Virginia, and that, that portion of Gum Avenue is not needed for
public use, thoroughfare or convenience, and your Petitioners requests that, that
portion of Gum Avenue be closed, vacated and discontinued as a public street;
that portion of Gum Avenue being described as follows:
That portion of Gum Avenue lying North of Southern Boulevard
(formerly 4th Street) and being that portion which extends
from the intersection of Gum Avenue and Southern Boulevard
(formerly 4th Street) in a Northerly direction, a distance
of 175 feet, as shown on plat entitled, "C. W. Deal", which
said plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 70, at Page 7-B.
2. In accordance with Section 15.1-364 of the Code of Virginia, as
amended, Petitioners have caused Notice of this application to be posted at
the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, and
at two other public places in the City of Virginia Beach, Virginia, at least ten
(10) days prior to the date the application is to be made to the Council for the
appointment of Viewers. An executed copy of the said Notice and an Affidavit
relative to its being posted are filed herewith as Exhibits "A" and "B" to be
read as part of this Petition.
IN CONSIDERATION WHEREOF, Petitioners pray that the Council appoint
not less than three (3) nor more than five (5) viewers to view the streets
designated above and to report in writing whether in their opinion any, and if
any, what, invonvenience would result from the closure and vacating of the
said streets or portions thereof, and after such report shall have been made,
an Ordinance be adopted, closing and vacating the said street or 'r)ortion
thereof as herein requested.
Respectfully submitted:
EDMt]ND E. GARRETT, SR., CATHERINE ROSETTA GARRETT, STANLEY JOHN
RICE AND LILLIE E. RICE
04/28/80
- 27-
(,ITEM II-E.4) ITEM #15065
Upon motion by Councilman Baum, seconded b3i Councilman Payne, City Council voted
to approve the request of the City Treasurer for tax refunds in the amount-of
$3,947.68.
Voting: 9-1
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, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Patrick L. Standing
Council Members Absent:
George R. Ferrell
04/28/80
28-,
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-29-
P L A N N I N G A G E N D A
(ITEM II-F.l.a) ITEM #15066
Mr. Richard Stell appeared in behalf of the applicant.
Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted
to uphold the recommendation of the Planning Commission and APPROVE the application
of TCC DEVELOPMENT CORPORATION for a TClcanqdeiof lonion, District Classification, as per
the following; subject to the five (5 tion utlined in the City Manager's
letter.
ORDINANCE UPON APPLICATION OF TCC DEVELOPMENT CORPORATION Z0480497
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3
RESIDENTIAL DISTRICT TO R-5 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application ot TCC Development Corporation for
a Change of Zoning District Classification from R-3 Residential
District R-5 Residential District on certain property located
on the South side of London Bridge Road beginning at a point
697 feet West of Pine View Avenue, running a distance of 119.08
feet along the South side of London Bridge Road, running a dis-
tance of 982.33 feet along the Western property line, running a
distance of 490.95 feet along the Southern property line, running
a distance of 1046.46 feet along the Eastern property line, running
a distance of 222.35 feet in a Northwesterly direction and running
a distance of 168.54 feet in a Northerly direction. Said parcel
contains 10.93 acres. PRINCESS ANNE BOROUGH.
Approval is subject to the following conditions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Subdivision
Ordinance.
2. City water and sewer.
3. Adequate downstream drainage easements and improvements
are required.
4. The cost of the design and construction of a standard
City street along this site's frontage on London Bridge
Road is to be deposited in the London Bridge Road project
account.
5. A dedication of right-of-way 45 feet from the centerline
of the existing 50-foot right-of-way along the 119.08
foot frontage on London Bridge Road (a 20-foot dedication).
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-eighth day of April 1980.-
04/28/80
- 30-
Voting: 10-0
Council Members Voting Aye:
John A. 3aum, F. Reid Ervin, Barbara M. Henley, Clarence A.
;Iolland, 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 @lay:
None
Council Members Absent:
George R. Ferrell
04/28/80
-31
(ITEM II-F.2.a) ITEM #15067
Mr. William Cox appeared in behalf of the applicant
Mr. James L. Jernigan appeared in favor.
The following appeared in opposition:
llr. T. R. Cali, 521 Downey Drive
tlr. Bill Turner, 516 r)owney Drive
Mr. R. W. Gorham, 517 Downey Drive
Mr. Edward Kelly, resident on Kelly Drive
Vice Mayor McCoy made a motion, seconded by Councilman Holland, to APPROVE the
appl i cation of RUSSELL E. SIMPS ON, JR. , for a Change of Zonin g Di strict Cl ass i fi cation
from R-5 Residential District to B-2 Community-Business District.
Voting: 5-5
Council Mernbers Voting Aye:
John A. Baum, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera
E. Oberndorf, and Mayor Patrick L. Standing
Council Members Absent:
George R. Ferrell
THE ABOVE MOTION TO APPROVE THE APPLICATIOrl OF RUSSELL E. SIMPSON, JR., WAS LOST
DIJE TO A TIE VOTE.
04/28/80
- 32-
ITEM #15067(a)
Upon motion by Vice Mayor McCoy, seconded by Councilman Ervin, City Council voted
to DEFER FOR TWO (2) WEEKS the application of RIJSSELL E. SI!IPSON, JR., for a
, as per the following:
Application of Russell E. Simpson, Jr., for a Change
of Zoning District Classification from R-5 Residential
District to B-2 Communitv-Business Oistrict on certain
property located at the Southeast intersection of
Princess Anne Road and Downey Drive, running a distance
of 101.32 feet along the South side of Princess Anne
Road, running a distance of 190 feet more or less along
the Eastern property line, running a distance of 125
feet along the Southern property line, running a dis-
tance of 204.04 feet along the East side of Downey Drive
and running a distance of 29.51 feet in a Northeasterly
direction. Said parcel contains .57 acre. KEMPSVILLE
ROROIJGH .
Voting: 9-1
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
Donald W. Merrick
Council Members Absent:
George R. Ferrell
04/28/80
- 33-
(ITEM II-F.2.b) ITEM #15068
Mr. Lee Kelberg appeared in behalf of the applicant
Upon motion by Vice Mayor McColv, seconded by Councilman Ervin, City Council voted
to DEFER FOR TWO WEEKS the application of JACK I. AND LYNN H. CHERIN for a Change
of Zoning District Classification, as per the following:
Ordinance upon application of Jack I. and Lynn H. Cherin
for a Change of Zoninq District Classification from R-5
Residential District to 0-1 Office District on certain
property located at the Southwest corner of Princess Anne
Road and Forest Street, running a distance of 114.74 feet
along the South side of Princess Anne Road, running a dis-
tance of 20.51 feet in a Southerly direction, running a
distance of 15.37 feet in an Easterly direction, running
a distance of 75 feet along the West side of Forest Street,
running a distance of 125 feet along the Southern property
line and running a distance of 135.58 feet along the
Western property line. Said parcel contains .313 acre.
KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Me@/era E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/2B/80
-34-
(ITEM II-F.2.c) ITEM #15069
Attorney Frank E. 3utler appeared in behalf of the applicant
Upon motion by Vice Mayor t'ccoy, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE the apr)lication of FELLOWSHIP I@IDEPENnEN'r BAPTIST CH[JRCH for a
Conditional Use Permit, as per the following:
ORDINANCE UPON APPLICATION OF FELLOWSHIP INDEPE@IDENT R0480314
BAPTIST CHliRCH FOR A CONDITIONAL IISE PERMIT FOR A
CHURCH
9E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Fellowship Independent Baptist Church
for a Conditional Use Permit for a church on certain property located
on the South side of Indian River Road beginning at a point 5280 feet
more or less East of Kempsville Road, running a distance of 154.07 feet
along the South side of Indian River Road, running a distance of 838.53
feet along the Eastern property line, running a distance of 246.59 feet
along the Southern property line and running a distance of 955.45 feet
along the Western property line. Said parcel contains 3.82 acres.
KE@1PSVILLE BOROUCH.
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. This site is not approved for septic tank installation.
3. A dedication of right-of-way 55 feet from the centerline of
the existing variable right-of-way along the 154.07-foot
frontage on Indian River Road (a variable dedication).
4. Fifteen-foot side yard setbacks are required.
5. Parking is to be at a ratio ol- 1 space per 5 seats or bench
seating spaces in the main auditorium.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-eighth day of April 1980.
Voting: 10-0
04/28/80
- 35-
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
- 36-
(ITEM II-F.2.d) ITEM, #15070
Mr. Richard Grimstead, Architect, appeared in behalf of the applicant
Upon motion by Councilman Riggs, seconded by Councilman Holland, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE the
application of Cypress Properties, Ltd., for a Conditional Use Permit, as per
the following:
ORDINANCE IJPON APPLICATION OF CYPRESS PROPERTIES, R0480315
LTD., FOR A CO@4DITIONAL USE PERMIT FOR FOUR (4)
MULTIPLE FAMILY DWELLING UNITS IN CONJUNCTION
WITH A MOTEL.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Cypress Properties, Ltd., for a Conditional L'se
Permit for four (4) multiple family dwelling units in conjunction with a motel
on certain property located on the East side of Parks Avenue beginning at a
point 240 feet more or less South of 21st Street, running a distance of 90
feet along the West side of Parks Avenue, running a distance of 240 feet in
a Northeasterly direction, running a distance of 90 feet in a Southeasterly
direction, running a distance of 210 feet in a Northeasterly direction, running
a distance of 160 feet along the West side of Lee Street and running a distance
of 420 feet along the Northern property line. Said parcel contains 2 acres more
or less. 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
28 _ day of April 1980.
Voting: 10-0
04/28/80
-36(a)-
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
37-
(ITEM II-F.3) ITEM #15071
Upon motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council
voted to DEFER FOR ONE (1) week the Ordinances to:
Ordinance to amend and reordain Article 6, Sections 602 and
613 of the Comprehensive Zoning Ordinance pertaining to rear
yard setback in the A-1 and A-2 Apartment Districts.
ANb
Ordinance to amend and reordain Article 5, Section 582 of the
Comprehensive Zoning Ordinance pertaining to rear yard setback
in the R-9 Residential Townhouse District.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, 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:
George R. Ferrell
04/28/80
38-
AN OR',)INANCE TO AMEND AND REORDAIN ARTICLE 6,
SECTION 602 AND 613 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO REAR YARD SETBACK IN THE
A-1 AND A-2 APARTMENT DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 6, Section 602, Minimum Lot Area, Lot Width, Yard Spacing,
Recreation Space, and Maximum Density, Height, and Lot Coverage Regulations, of
the C.Z.O. is amended and reordained as follows:
(d) The minimum lot area for attached dwellings shall not be less
than 1,400 square feet and the minimum lot width shall be
fourteen feet (141) for interior and thirty feet (301) for end
lots; however, the average lot size for all lots developed within
a contigious parcel containing attached dwellings shall average
2500 square feet per lot. The minimum front yard setback for
attached dwellings shall be ten feet (101) from the front lot
line for all lots fronting on minor streets and twenty feet
(201) from the front lot line for all lots fronting on major
streets. The minimum side yard setbacks shall be ten feet (10')
for the lots at each end of each building group. The minimum
rear yard setbacks shall be twenty-feet-@2Q!@ en feet (10')
for each attached dwelling unit. The maximum number of attached
dwellings that may be constructed in any one (1) group, without
the required side yard setbacks is nine (9).
That Article 6, Section 613, Minimum Lot Area, Lot Width, Yard Spacing,
Recreation Space, and Maximum Density, and Lot Coverage Regulations, of the C.Z.O.
is amended and reordained as follows:
(d) The minimum lot area for attached dwellings shall not be less
t,han 1400 square feet and the minimum lot width shall be
fourteen feet (14') for interior and thirty feet (30') for end
lots; however, the average lot size for all lots developed
within a contigious parcel containing attached dwellings shall
average 2500 square feet per lot. The minimum front yard set-
back for attached dwellings shall be ten feet (10') from the
front lot line for all lots fronting on minor streets and
twenty feet (20') from the front lot line for all lots fronting
on major streets. The minimum side yard setbacks shall be ten
feet (10') for the lots at each end of each building group. The
minimum rear yard setbacks shall be tweRty-.feet-@2914 ten feet
(10') for each attached dwelling unit. The maximum number of
attached dwellings that may be constructed in any one (1) group,
without the required yard setbacks is nine (9).
DEFERRED: 28 April 1980
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1980
04/28/80
- 39-
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5,
SECTION 582 OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO REAR YARD SETBACK IN THE R-9
RESIDENTIAL TOWNHOUSE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 5, Section 582, Minimum Lot Area, Lot Width, Yard Spacing,
Maximum Lot Coverage and Height Regulations, of the C.Z.O. is amended and
reordained as follows:
(c) For uses other than dwelling units permitted in the R-9
Residential Townhouse District, front, side and rear yard
requirements ahll be the same as specified for the R-8
Residential District.
For townhouse development, the following shall constitute
the yard requirements:
(3) Minimum rear yard setbacks shall be tweiRty-feet-@291@
ten feet (10') for each dwelling unit.
DEFERRED: 28 April 1980
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1980.
04/28/80
-40-
(ITEM II-F.3.b) ITEM #15072
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council
voted to DEFER FOR THIRTY (30) DAYS the Ordinance to amend the Master Street and
Highway Plan dated December 16, 1974. (Thirty days hence is the Memorial Day
Holiday. Therefore, this item will be scheduled for the Fomal Agenda, Monday
June 9, 1980)
Voting: 10-0
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
@41 -
AN ORDINANCE TO AMEND
THE MASTER STREET AND HIGHWAY PLAN
DATED DECEMBER 16, 1974
BE IT ORDAINED BU THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Master Street and Highway Plan dated December 16, 1974, is
hereby amended as follows:
1. 'Widen Wesleyan Drive to a 110-foot right-of-way between the
City of Norfolk boundary and Baker Road.
2. Delete the interchange at Diamond Springs Road and Wesleyan
Drive.
3. Extend Diamond Springs Road as a 66-foot right-of-way South-
eastward from its intersection with Wesleyan Drive to intersect
with Witchduck Road near Lavender Lane, and dclete Proposed
Baker Road Extended between its intersection with Newtown Road
and Lavender Lane.
4. Widen Dam Neck Road from a 90-foot riqht-of-wa,y to a 110-foot
right-of-way from General Booth Boulevard to Holland Road.
5. Widen North Landstown from a 90-foot right-of-way to a 110-foot
right-of-wav from Ferrell Parkway to Holland Road.
6. Realign the 110-foot wide section of General Booth Boulevard
from Dam Neck Road to Ferrell Parkway to following the existing
alignment of Oceana Boulevard.
7. Realign the intersection of Oceana Boulevard and Princess Anne
Road to Nimmo Church.
B. Reduce Princess Anne Road, south of Nimmo Church to Indian River
Road from a 110-foot right-of-way to a 90-foot right-of-way.
9. Delete the Indian River Road connector to Princess Anne Road.
10. Delete Seaboard Road south of Princess Anne Road.
11. Reduce West Neck Road to a 66-foot right-of-way from London
Bridge Road to Princess Anne Road.
12. Reduce North Landing Road to a 66-foot right-of-way from Salem
Road to Princess Anne Road.
13. Reduce Salem Road to a 66-foot right-of-way South of Landstown
Road.
14. Add three quadrants of the Hilltop Loop (not including the North-,
east quadrant) of a 60-foot right-of-way.
15. Realign First Colonial Road from Virginia Beach Boulevard to Oceana
Boulevard and realign Southern Boulevard to the South side of the
of the adjacent railroad right-of-way from Airstation Drive to
Pacific Avenue.
16. Realign Ferrell Parkway from Salem Road to Independence Boulevard.
04/28/80
-42-
17. Widen Lynnhaven Parkway from a 90-foot right-of-way to a 110-foot
right-of-way from Potters Road to Holland Road.
18. Add a grade-separate interchange at the intersection of Holland
Road and Independence Boulevard.
19. Add Shipps Corner Road from Holland Road to London Bridge Road
as a 66-foot right-of-way and realign at the intersection with
London Bridge Road.
20. Reduce Blackwater Road from a 90-foot right-of-way to a 66-foot
ri ght-of-way.
21. Reduce Pungo Ferry Road from a 110-foot right-of-way to a 66-foot
right-of-way.
22. Change the proposed intersection of West Neck Road and Prin,less
Anne Road to follow the existing alignment of West Neck Road.
DEFERRED: 28 April 1980
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1980.
04/28/80
43-
0 R D I N A N C E S
S E C 0 N 0 R E A D I N G S
(ITEM 11-G.l.a.1) ITEM #15073
Upon motion by Vice Mayor McCoy, seconded by Councilman Riggs, City Council voted
to APPROVE ON SECOND READING the Ordinance to appropriate funds for the Tidewater
Virginia Alcohol Safety Action Program (TVASAP) for the period ending 30 June 1980.
($89,875)
Voting: 10-0
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
-44-
-0 CC.14TEtIT
AN ORDINANCE TO APPROPRIATE FUNDS
FOR THE TIDEWATER VIRGINIA ALCOHOL
SAFETY ACTION PROGRAM (TVASAP) FOR
THE PERIOD ENDING JUNE 30, 1980
WHEREAS, the TVASAP is designed to reduce alcohol related crashes,
injuries and fatalities on local highways, and
WHEREAS, Tidewater Community College (TCC) is relinquishing fiscal
management responsibilities of the TVASAP, and
WHEREAS, with the concurrence of the State Department of Transporta-
tion Safety, the City of Virginia Beach desires to create such a program
pursuant to 18.2-271.1(d), Code of Virginia, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to create such a program
pursuant to 18.2-271.1(d), Code of Virginia, as amended, forthecity and funds
are hereby appropriated in the amount of $89,875 for the TVASAP for the period
ending June 30, 1980; and
The City Manager is authorized to accept any gifts or bequests
of money or property, and any grant, loan, service, payment or property from
any source, including the federal government, for the purpose of driver
alcohol education.
The City Manager is further directed to deposit in a separate fund
any such gifts, bequests, grants, loans or payments in accordance with
18.1-271.1(al), Code of Virginia, as amended.
BE IT FURTHER ORDAINED that the appropriations will be financed by
$89,875 estimated revenue from fees, and
BE IT FURTHER ORDAINED that ten personnel positions are hereby
authorized, with the employee classes to be determined by the City Manager.
FIRST READING: 14 Aoril 1980
SECOND READING: 28 April 1980
ADOPTED by the Council of the City of Virginia Beach on the 28
day of April 1980.
This ordinance shall be effective from date of adoption.
04/28/80
-45-
(ITEM II-G.l.a.2) ITEM #15074
Upon motion by Councilman Payne, seconded by Councilwoman Henley, City Council voted
to APPROVE ON SECOND READING the Ordinance to accept a Grant totaling $5,468 from
the Southeastern Tidewater Opportunity Project and to appropriate these funds:
Voting: 10-0
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
46-
AN ORDINANCE TO ACCEPT A GRANT
TOTALLING $5,468 FROM THE SOUTHEASTERN
TIDEWATER OPPORTUNITY PROJECT AND
TO APPROPRIATE THESE FUNDS
WHEREAS, the City wishes to provide recreational programs for
its underprivileged youth during the sunner of 1980, and
WHEREAS, the Southeastern Tidewater Opportunity Project (STOP)
has received funds from the Conmunity Service Administration (CSA), providing
funding for recreation programs within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the grant for
the City, and funds are hereby appropriated for the following purpose:
Total
Appropriations
CSA - Summer Youth Recreation Program $5,468
That the appropriations be financed 100% by federal funds, coming
from the CSA thru STOP, and
That one personnel position be authorized for the duration of the
grant, to be paid by the grant, with the class of employee to be determined
by the City Manager.
FIRST READING: 14 April 1980
SECOND READING:- 28 April 1980
Adopted by the Council of the City of Virginia Beach on the 28
day of Anril , 1980.
This ordinance shall be effective from date of adoption.
@TE14T
AS @o Co@
04/28/80
-47-
(ITEM II-G.l.a.3) ITEM #15075
lipon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE ON SECOND READING the Ordinance to appropriate additional funds
of $472,127 for the State Fuel Assistance Program.
Voting: 10-0
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
-48-
AN ORDINANCE TO APPROPRIATE ADDITIONAL
FUNDS OF $472,179 FOR THE STATE FUEL
ASSISTANCE PROGRAM
WHEREAS, the Commnwealth of Virginia has initiated a Fuel
Assistance Program to offset the increase in fuel costs for eligible
citizens, and
WHEREAS, the fuel assistance program iucluding administrative
cost is initially incurred by the city with the State reimbursing
the city for 100% of the cost, and
WHEREAS, the State Department of Welfare has alloted to the
City of Virginia Beach an additional $403,057 for fuel assistance
benefits to eligible participants and $69,122 for administratiorx
of the program, and
WHEREAS, this additional funding will support expanding the
maximum benefits from $200 to $400 as well as reach additional
citizens, and
WHEREAS, the program will continue to be admi@tered in the
Department of Social Services with the existing personnel requirements,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH that $472,179 be appropriated to the city's
Department of Social Services for the Fuel Assistance Program
including administrative cost and that the General Fund's Revenues
be increased in an equal amunt for the 10(7/ reimbursement from
the Con=nwealth of Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 28 day of April 19 80
First Reading: 14 April 1980
Second Reading: 28 April 1980
This ordinance shall be effective from date of adoption.-
04/28/80
-49-
0 R D I N A N C E S
F I R S T R E A D I N G S
(ITEM II-G.b.1) ITEM #15076
Upon motion by Councilman Merrick, seconded by Councilman Riggs, City Council
voted to APPROVE ON FIRST READING the Ordinance to appropriate funds in the
amount of $15,500 for street improvements to the 100 Block of 77th Street.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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 Abstaining:
F. Reid Ervin
Council Members Absent:
George R. Ferrell
04/28/80
- 50-
AN ORDINANCE TO APPROPRIATE FUNDS FOR STREET
IMPROVEMENTS TO THE 100 BLOCK OF 77TH STREET
WHEREAS, on November 28, 1977, City Council accepted the report of
the Mayor's Committee on North Virginia Beach; and,
WHEREAS, this report among other considerations recommended guide-
lines for constructing and financing street improvement to parallel streets
between Cavalier Drive and 89th Street; and,
WHEREAS, the owners of property at 77th Street, 100 Block, have
agreed to pay their pro-rata share of the cost to install curb and gutter
along their street; and,
WHEREAS, the total cost for street improvements to the 100 Block
of 77th Street is $22,620 to be financed as follows:
1. Property owners share - $4,920
2. FY 1980-81 budget resurfacing schedule - $2,200
3. Request for additional funding - $15,500
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds of $15,500 be appropriated from the General Fund
Balance to the Department of Public Works for the construction of curb and
gutter to the 100 Block of 77th Street.
The above project shall not be performed until the record property
owners have paid or entered into an agreement to pay their pro-rata share
of the cost of these improvements.
FIRST READING: 28 April 1980
SECOND READING:
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1980.
04/28/80
- 51 -
(ITEM II-G.b.2) ITEM #15077
Upon motion by Councilman Baum, seconded by Councilman Payne, City Council voted
to APPROVE O@l FIRST READING the Ordinance to appropriate funds in the amount of
$15,000 for a telephone system review.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
George R. Ferrell
04/28/80
- 52-
AN ORDINANCE TO APPROPRIATE FUNDS OF $15,000
FOR A TELEPHONE SYSTEM REVIEW
WHEREAS, the City desires to evaluate its present telephone system in
terms of equipment, service and administrative procedures; and,
WHEREAS, Management Improvement Corporation of America (MICA) has
presented an agreement which meets the City's requirements; and,
WHEREAS, the terms ofpayment for this agreement are based on the
City's judgment as to the value of the services rendered; and,
WHEREAS, the telephone system study requires a deposit of $15,000
and payment that equals forty percent (40%) of the value of the services
rendered up to a maximum payment of $80,900; and,
WHEREAS, it is understood that final payment may be less or greater
than the deposit and therefore may require an additional appropriation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds of $15,000 be appropriated from the General Fund
Balance to the Executive Department as the necessary deposit for an agreement
which will evaluate the City's telephone system.
Be it further ordained that the City Manager is hereby authorized to
enter into this agreement.
FIRST READING: 28 April 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1980
04/28/80
-53-
(ITEM II@G.b.3) ITEM #15078
Upon motion by Vice Mayor McCoy, seconded by Mayor Standing, City Cour,-cil voted
to APPROVE ON FIRST READING the Ordinance to accept a Grant totaling $255,653
from the Division of Justice and Crime Prevention and to appropriate these funds.
Voting: 10-0
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
- 54 -
Requested b@f: City Manager
AN ORDINANCE TO ACCEPT A CRANT TOTALING $255,653
FROM THE DIVISION OF JUSTICE AND CRIME PREVENTIQN
AND TO APPROPRIATE THESE FUNDS
WHEREAS, the Police Department wishesto continue its better coordination
of the many field activities related to crime prevention, detection, investigation
and apprehension; and,
WHEREAS, the Division of Justice and Crime Prevention (DJCP) has approved
necessary funding to accomplish the object stated above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the Grant for the
City, and funds hereby appropriated for the following purpose:
Estimated Revenue Local Total
From Other Agencies Match Appropriations
Integrated Criminal Apprehension
Program $213,044 $42,609 $255,653
That the appropriations be hereby financed by @213,044 estimated revenue
from the DJCP, and a local cash match of $42,609 to be transferred from excess
appropriations in the Police Department's fiscal year 1980 Operating Budget; and,
That a total of four full-time, and several r)art-time (when needed),
personnel positions be hereby authorized for the duration of the Crant, to be
paid from the Grant, with classes of employees to be determined by the City
Manager.
FIRST READING: 28 April 1980
SECOND READING
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the Cityof Virginia Beach, Virginia, on the
day of 1980
04/28/80
- 55-
(ITEM II-G.b.4) ITEM #15079
Upon motion by CouncilWoman Oberndorf, seconded by Councilwoman Henley, City Council
voted to APPROVE ON FIRST READING the Ordinance to appropriate Library Title XX funds
in the amount of $12,177 to the Department of Public Libraries.
Voting: 10-0
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
- 56-
Requested by: City Manager
AN ORDINANCE TO APPROPRIATE LIBRARY TITLE XX
FUNDS IN THE AMOUNT OF $12,177 TO THE DEPARTMENT
OF PUBLIC LIBRARIES
WHEREAS, the Department of Libraries/Special Services Division is in
compliance with the requirements for Library - Title XX (National Security Act)
funding for the blind and physically handicapped; and,
WHEREAS, unanticipated Library - Title XX revenue received to date
amounts to over $13,000; and,
WHEREAS, the Special Services Division anticipates the following
expenditures for the remainder of the fiscal year in order to maintain and
enhance current services:
Account Amount
Telephone and Telegraph $ 426.00
Library Supplies 862.00
Stationery and Office Supplies 2,286.00
Office Equipment and Furniture 5,601.00
Books 2,429.00
Periodicals 573.00
Total $1 2, 1 77 . 00
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds of $12,177 be appropriated for equipment, supplies and books
as indicated above to the Department of Libraries/Special Services Division.
BE IT FURTHER ORDAINED that Estimated Revenues from the Federal
Government be increased by a like amount to finance the appropriations.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1980
FIRST READING: 28 April 1980
SECOND READING:
04/28/80
- 57-
C I T Y C 0 D E A M E N D M E N T S
(ITEM II-G.2.a) ITEM #15080
Upon motion by Councilman Ervin, seconded by Councilman Merrick, City Council voted
to DEFER FOR ONE (1) WEEK the Ordinance to amend Chapter 2 of the City Code by adding
Section 2-21 relating to terms for Members of Boards and Commissions.
Voting: 6-4
Council Members Voting Aye: (for deferral
F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera
E. Oberndorf, J. Curtis Payne, Roger L, Riggs
Council Members Voting Nay:
John A. Baum, Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., and Mayor Patrick L. Standing
Council Members Absent:
George R. Ferrell
04/28/80
-58-
Requested by: Councilman F. Reid Ervin
AN ORDINANCE TO AMEND CHAPTER 2 OF THE CODE OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING
SECTION 2-21 RELATING TO TERMS FOR MEMBERS OF
BOAkDS AND COMMISSIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That any member appointed to a Board or Commission of the City shall,
after the effective date of this Ordinance, be limited to two (2) terms.
Council shall limit its selections to those persons who have submitted
applications on forms approved by City Council and on file with the City Clerk.
Each member of Council shall review the applications thirty (30) days
prior to the appointment.
This Ordinance shall be effective on the day of
1980.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1980.
DEFERRED: 28 April 1980
04/28/80
-59-
0 L D B U S I N E S S
(ITEM II-I.2) ITEM #15081
Vice Mayor McCoy presented to Council a letter regarding the policy governing
the purchasing of advertising for Industrial and Tourist Promotion. The
letter will be made a part of these proceedings.
It was the concensus of Council that this matter be presented at the May 5,
1980, FORMAL SESSION.
(ITEM II-I.3) ITEM #15082
Councilman Riggs requested information as to the status of Potters Fence in
the Beach Borough.
The City Manager advised Council he will present a report next week regarding
Potters Fence.
(ITEM II-I.4) ITEM #15083
Councilwoman Henley advised Council that she, Councilman Baum, the City Attorney,
had been working on the Financial Disclosure forms; however, it was discovered
there was much legality involved and the City Attorney is preparing the Ordinance,
which should be presented to Council within the next two weeks.
A P P 0 I N T M E N T S
(ITEM II-I.5) ITEM #15084
Upon motion by Councilman Holland, seconded by Councilman Baum, City Council voted
to REAPPOINT Mr. John Waller to the BOARD OF PLUMBING APPEALS for a term of two (2)
years, beginning 1 May 1980 and terminating 30 April 1982.
04/28/80
-60-
Voting: 10-0
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 Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
04/28/80
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N E W B U S I N E S S
(ITEM 11-J.1) ITEM #15084 (a)
Councilman 'Iolland advised Council of a letter he received from Representatives
John W. Wilder and Ronald M. Modle in which [louse Resolution 5200 is discussed.
If passed by Congress and the Senate, House Resolution 5200 will permit Federal
intervention into local zoning decisions.
Council requested the City Attorney to prepare a Resolution in opposition to
this Resolution and forward same to our Congressional and Senatorial representatives.
(ITEM II-J.2) ITEtl #15085
Councilwoman Oberndorf advised Council that Mr. Clinton Shanks, Chamber of Commerce,
sent a complete breakdown of the figures on where the money the City gave them
was dispursed.
A D J 0 U R N M E @l T
(ITEM II-K.1) ITEM #15086
Upon motion by Councilman Baum, seconded by Councilman Ervin, and by ACCLAt'ATION,
the meeting adjourned at 10:10 p.m.
Dian M. Hickman, Deputy City Clerk
R Hdges Smgh, City C rk Mayor Patrick L. Standing
City of Virginia Beach,
Virginia
28 April 1980
h