DECEMBER 18, 1978
CITY OF VIRGINII REACI
MUNICIPAL CENTER
"Ql',ntt. -t.@y"t R.A.@t tity" VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., B.y@id@ B.,..gb
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,@ill@ B@,..gh DONALB w. MERRICK, Ly@@b.... B@,..gb
JOHN A. BATIM, B.,..gb MEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, At L.,g@ J. CURTIS PAYNE, P,i .... @ A@., B.,..gb
GEORGE R. FERRELL, At L.,g@ ROGER L. RIGGS, Vigi@i. B@.,b B.,..gb
BARBARA M. HENLEY, P..g@ B.,..gb AGENDA RICHARD 1. WEBBON,,Cily Cl,,k
The City Cc)uncil of the City of Virginia Beach, Virginia, will assenble in the Administration
Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session at 1:00 p.m.,
on @nday, Dec@r 18, 1978, for the purpose of conducting public business and will hear and
act upon the follcwing items:
1. Call to order by the Honorable Patrick L. Standing, Mayor, in the Council Conference Room.
2. Roll Call of the Council.
3. Motion to recess into Inforiml Discussion and Executive Session. Upon conclusion of the
Executive Session, City Council will reconvene in the City Council Ch s.
4. Invocation will be given at 2:00 p.m., by the Reverend Fletcher Hutcheson, Bayside
Presbyterian Church, Virgin-ia Beach, Virginia. Please remin standing for the Pledge
of Allegiance.
5. Roll Call of the Council.
6. Minutes of the Regular Meeting of Dec@r 11, 1978, to be presented for acceptance and
approval.
7. minutes of the Regular @ting of Decenber 4, 1978, to be presented for acceptance and
approval. (deferred from the meting of Dec@r 11, 1978)
8. Yiayor's r ndation.
9. No consent itenis.
10. city council is requested to approve on sec@ reading an ordinance to Article II
of Chapter 33 of the Code of the City of Virginia Beach pertaining to a service charge
on certain real property exenpt from taxation.
ii. city council is requested to approve on second reading an ordinance to an-end Chapter 33,
Division 3, Sections 33-40, 33-41 and 33-46 of the Code of the City of Virginia Beach
relating to tax on bank stock.
12. City Cc)uncil is recluested to approve on second reading an ordinance to provide second
year funding for the Clean Ccm=ity System Program in the amunt of $15,507.
13. @tter fran the City Manager transndtting the r ation of the Plaming @ssion
for denial of the application of C. T. S., a Registered Virginia Partnership, for a change
of zoning frcrn R-8 Residential District to B-2 ty-Business District on a .5 acre
parcel located at the northwest intersection of West Stratford Road and Roanoke Avenue
(Lynnhav- Borough).
14. Loetter frcrn the City Manager transmitting the r tion of the Plaming Ccnndssion
for approval of the application of Aragona-Garcia Enterprises, Inc., for a change of zoning
from A-1 t District to A-2 t District on a 1.36 acre parcel located on the
north side of Shasta Court, north of Daytona Drive (Lynnhaven Borough).
15. Letter fr(xn the City Manager transmitting the r dation of the Plarming @ssion
for approvall of the application of Dean S. Potter, Jr., Gordon B. Potter, John Ray Potter,
and Lucille B. Potter for a change of zoning from 0-1 Office District to B-1 Business-
Residential District on a .4 acre parcel located north of Laskin Road, west of Win@
Drive (Lymhaven Borough) .
16. @tter fran the City Manager transnLitting the re@dation of the Plaming Comnission
for approval of the application of Arctic Holding Cc)rporation for a change of zoning from
A-1 Apartnent District to B-4 Resort- cial District on a .32 acre parcel located on the
south side of 23rd Street, east of Arctic Avenue (Virginia Beach Borough).
17. Letter frcm the City Manager transmitting the r tim of the Planning Cmimission
for denial of the application of T@i'l Shopper, Inc., for a conditional use @t for a
self-service gasoline supply station on a .712 acre parcel located at the southeast inter-
section of Newtown Road and Arrowhead Drive (Kempsville Borough).
18. Letter frcin the City Yianager tran@tting the r dation of the Planning ConTaission
for denial of the application of Creative Displays, Inc. for a conditional use permit for
outdoor advertising poster panels on a 2.57 acre parcel located on the north side of Indian
River Rc)ad, east of Sandra Lane (K@sville Borough).
19. Letter from the City Manager tran@tting the r tion of the Planning Conudssion
for approval of an ordinance to and reordain Article 1, Section 111 of the Ccnprehensive
Zoning ordmmce pertaining to garage a ts.
20. @tter frcm the City Manager tr tting the r tion of the Plaming ComTLission
for approval of an ordinance to and reordain Article 2, Section 201 of the Ccrnprehen-
sive Zoning Ordiriance ing to fences.
21. Letter frcrn the City Manager tran@tting the r tion of the Planning ccmdssion
for approval of the application of sunstrearn Park, Inc. for adiange of zoning fran B-2
Co ty-Business District to R-8 Residential District on a 6.7 acre parcel located on the
south side of Sunstream Parkway, west of Princess Ame Road (Princess Arme Borough). This
itern was deferred from the meting of Noven-Lber 27, 1978.
22. Letter from the City Manager tranmdtting the reoo tion of the Planning @ssion
for approval of the application of Fentress Wood Associates for a change of zoning from R-8
P,esidential District to B-2 ty-Business District on a 6.7 acre parcel located on the
west side of Princess Anne Road, south of Sunstrearn Parkway (Princess Anne Borough). This
item was deferred from the @ting of Nov 27, 1978.
23. Letter from the City Manager r ding approval of a resolution for the establish-
@t of a Housing Authority and the granting of subpoena powers to nunicipal agencies.
24. Letter from the City Manager r g approval of an ordinance to amend and reordain
Section 13 of the ordinance dated March 17, 1975, relating to cable television franchise.
25. @tter fram the City @ger r ding approval of a resolution endorsing the 1979
Legislative Package.
26. Letter from the City Manager requesting City Council to favorably consider granting
McDonald's Corporation an exewtaon as allowed in Section 105 (b) (3) of the Coniprehensive
Zoning ordinance in order that they n)ay occufy a McDonald's Restaurant at 1507 Atlantic
Avenue.
27. Letter from the City Manager r ing that City Council approve the following
ordinances on first reading:
a. An ordinance to accept $75,000 from the Southeastern Tidewater Area Manpower
Autbority and to appropriate these funds.
b. An ordinance to accept $165,000 from the Southeastern Tidewater Area Manpower
Autbority and to appropriate these funds.
C. An ordinance to accept $390,000 from the Southeastern Tidewater Area Manpower
Autbority and to appropriate these funds.
28. Letter from the City Manager recommending approval of an ordinance to authorize
acquisition of property in fee simple for Lakeview Shores Sanitary Sewer Project 6-402
either by acquisition or by condemnation.
29. Old business, deferred from the previous meeting including any report of the Mayor
or Committees named by Council.
30. New business, including any presentations by Council Members, Citizens and Organiza-
tions:
a. Mr. Hess will appear before City Council to speak on sidewalks in the Groveland
Park area.
31. Motion for adjournment.
MINUTES OF THE HONORABLE CITY COUIQCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Deceiqber 18, 1978
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 RooTq, in the Administration Buildinq, on Dionday,
December 18, 1978, at 1:00 p.m.
Council Members present: John A. Baum, F. Reid Ervin, Councilwoman
Barbara M. Henley, Clarence A. Ilolland, Vice Mayor J. Henry DIcCoy,
Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Rigqs, and Mayor Patrick L. Standing
Council Member absent: George R. Ferrell
ITEM #13129
Mayor Standing entertained a motion to permit Council to conduct an
informal meeting to be followed by an executive session for the pur-
pose of discussing the following:
1. Discussion or consideration of erployment, assignment,
appointment, Promotion, denotion, salaries, discipline or
resignation of public officers, appointees or employees
of any public body.
2. Discussion or consideration of the condition, ac-
quisition or use of real property for public purpose,
or otlier disposition of publicly held property.
3. Consultation with legal counsel and briefing by
staff members, consultants, or attorneys pertaining
to actual or potential litigation, or other leaal
rqatters within the jurisdiction of the public @ody.
On inotion by Councilman Holland, secoiided by Vice Mayor McCoy, a@ii.1
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry DicCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roqer L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to proceed into the executive session followinq
the informal meeting.
ITEM #13130
The City Manager indicated he had had several meetings with the
Communitv Development Committee with reqards to the formation of
a Housing Authority. The Committee merlers were concerned about
the condemnation powers granted to the Housinq Authoritv. The
concerns of the Committee and the citizens who appeared at the
public hearing could be resolved if it was designated as a Housing
Authority with all the powers of a liousing Authority except those
of eminent domain.
ITEII #13131
The City Manager discussed with tlic,. Council the authorization of
subpoena powers to municipal agencies, such as the Personnel
Board.
12/18/79
-2-
ITEM #13132
Vice Mayor McCoy and Councilman Merrick passed to Council the Boards
and Commissions Policy Statements:
1. Rules and procedures.
2. Request for yearly report from the
Boards or Commissions.
3. Limit the length of terms for the
members of the Boards.
ITEM #13133
The City Manager requested that item #26 on the formal agenda he
removed as the k4cDonald Corporation should go before the Board of
Zoning Appeals.
ITEPI #13134
The City Manager indicated that the City has successfully been able to
move tlae pumping stations on Atlantic Avenue seven-feet to the west.
This will permit Atlantic Avenue to reinain a four-lane road, with median
and left turn stacking lanes.
ITEM #13135
At 2:15 p.m., City Council reconvened in the Council Chambers with the
following Members present:
John A. Baum, F. Reid Ervin, Councilwoman Barbara M. Henley, Clarence
A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council member absent: George R. Ferrell
The invocation was given by the Reverend Fletcher flutcheson, Bayside
Presbyterian Church, followed by the Pledqe of Allegiance.
ITEM #13136
On motion by Councilman Holland, seconded by Councilman Merrick, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilnan George R. Ferrell
City Council voted to approve the minutes of the regular meeting of
December 11, 1978, and dispensed with the reading of said minutes
inasmuch as each Council Member had a copy.
12/18/78
- 3 -
ITEM #13137
On motion by Councilwoman Oberndorf, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, and Roger L. Riggs
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the minutes of the regular meeting of
December 4, 1978, and dispensed with the reading of said minutes
inasmuch as each Council Member had a copy.
ITEM #13138
On motion by Councilman Holland, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, and Roger L. Riggs
Nays: None
Absent: Councilman George R. Ferrell
City Council adopted the following Resolution and presented same to
Mr. Richard J. Webbon, City Clerk.
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- 5 -
ITEM #13139
On motion by Vice Mayor McCoy, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, and Roger L. Riggs
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve on second reading the ordinance to
amend Article II of Chapter 33 of the Code of the City of Virginia
Beach pertaining to a service charge on certain real property exempt
from taxation.
- 6 -
Requested by Department of Finance
AN ORDINANCE TO AMEND ARTICLE II OF
CHAPTER 33 OF THE CODE OF THE CITY
OF VIRGINIA BEACH BY ADDING SECTIONS
33-7.8, 33-7.9, 33-7.10, 33-7.11,
33.7.12 AND 33-7.13 PERTAINING TO A
SERVICE CHARGE Oi'i CERTAIN REAL
PROPERTY EXEMPT FROM TAXATION.
BE IT ORDAINED BY THE COUI@CIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article II of Chapter 33 is amended by adding Sections 33-7.8,
33-7.9, 33-7.10, 33-7.11, 33-7.12 and 33-7.13 as follows:
Section 33-7.8 Service charge on certain real property exempt from taxation.
A fee or service charge shall be imposed upon and collected frorr, the
owners of all real estate within the City of Virginia Beach which is exempted from
taxation under subsection (1) of Section 58-12 which is property owned directly
or indirectly by the Corimonwealth, or any political subdivision thereof.
Section 33-7.9 Same -- how service charge computed,
The fee or service charge imposed in Section 33-7.8 shall be based on the
assessed value of the real estate and the amount which the City of Virainia Beach
shall have expended in the year preceding the year such charge is assessed for the
purpose of furnishing police and fire protection, for thecollection and disposal
of refuse and the cost of public school education in the case of faculty and staff
housing of an educational institution, excluding any amount received from federal
or state grants specifically designated for such purposes. The expenditures for
services not provided for certain real estate shall not be applicable to the
calculations of the service charge for such real estate, nor shall such expendi-
tures be applicable when a service is currently funded by another service charge.
The service charge shall not be applicable to public roadways or property held for
future construction of such roadways. The service charge, which shall not exceed
twenty per centum of the real estate tax rate, shall be fixed by dividing the said
expenditures by the assessed fair market value of all of the real estate within the
City of Virginia Beach except real estate owned by the United States government or
any of its instrumentalities, expressed in hundred dollars, including nontaxable
property.
12/18/7S
AS to autmority of City to irppose service charge, see Code of Virginia, Section
58-16.2.
- 7 -
Section 37-7.10 Same -- Time of paynient.
The service charges imposed in Section 33-7.8 shall be due and payable
during the year for which the same are assessed in two equal installments, as
follows: one-half on December I and one-half on June I of such year. In the
event that the service charges are assessed after December 1, such fee shall be
due and payable on the following June 1 of each fiscal year.
Section 33-7.11 Penalty and interest when installment not paid on time.
In the event any installment of the service charges imposed in Section
33-7.8 is not paid on or before the time the same is due and payable, as set forth
in Section 33-7.10, there shall be added thereto a penalty of five percent of the
amount of such unpaid installment and such installment and penalty shall bear
interest at the rate of six percent per annum from the end of the sixth month next
following the nonth such installment was due, but not paid, until paid.
Section 33-7.12 Who to administer assessment and collection of service charge.
The service charges imposed in Section 33-7.8 are to be assessed and
collected in the same manner as taxable real estate in the City of Virginia Beach,
Virginia, pursuant to the various sections of the Code of the City of Virginia
Beach and Code of Virginia that are applicable thereto.
Section 33-7.13 Exemption of property owned by certain political subdivisions.
The real estate lawfully owned by the City of Norfolk, the Hampton Roads
Sanitation District Conimission and the Chesapeake Bay Bridge Tunnel Commission lying
wholly or partly within the corporate limits of the city shall be exempt froni the
service charge so imposed.
This ordinance shall become effective January 1, 1979.
First Reading: December 11, 1978
Second Reading:December 18, 1978
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of DeceTpber -, 197 8.
As to authority of City to impose service charge, see Code of Virginia, Section
58-16.2.
DSH/k@/ci
11/1/ 8
11/20/78
12/7/78 12/IP/7R
APPROVED A@Tp CONTENTS
I @-@
I
I
APPROVED AS TO FORM
CITY ATTORNEY
-8 -
ITEM #13140
On motion by Councilman Baum, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes-. Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to adprove on second reading the following
ordinance to amend Chapier 33, Division 3, Sections 33-40, 33-41,
and 33-46 of the Code of the City of Virginia Beach relating to tax
on bank stock.
-9-
Requested by: City Manager/Department of Fi,ance
AN ORDINANCE TO AMEND CHAPTER 33, DIVISION 3,
SECTIONS 33-40, 33-41 AND 33-46 OF THE CODE
OF THE CITY OF VIRGINIA BEACH, RELATING TO
TAX ON BANK STOCK.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Sections 33-40, 33-41 and 33-46 of Division 3 of Chapter 33 of
the Code of the City of Virginia Beach, Virginia, are hereby amended and re-
ordained as follows:
Section 33-40. Definition of "bank" and "branch bank".
The word "bank" and the words "branch bank" as used in this division
shall have the same meaning ascribed to those words in Chapter 10, Title 8A,
of the Code of Virginia.
Section 33-41. Assessment of tax on holders of bank stock;
payment generally.1
The holders of stock in banks located in the city and the holders
of stock in banks the principal office of which is located outside the city
but a branch of which is located in the city shall be assessed and taxed on
their shares of stock therein as follows:
(a) Upon the holders of stock in banks located in the city,
there is hereby assessed as of the first day of January, each year, an annual
tax at the rate of eighty cents on each one hundred dollars of the actual value
of the shares of stock held by each such stockholder, determined as provided
in Chapter 10, Title 58, Code of Virginia; provided, that if any such bank located
in the city has any branches located outside the corporate limits of the city,
the tax hereinabove imposed shall be upon only such proportion of the taxable
value of stock in such bank as the total deposits of such bank, minus deposits
through any branch or branches located outside the city, bear to the total deposits
of the bank as of the beginning of the tax year.
1 2 / I Q7 8
-10-
(b) Upon the holders of stock in banks whose principal office
is located outside the city but a branch or branches of which are located in the
city, there is hereby assessed as of the first day of January, each year, an annual
tax at the rate of eighty cents on each one hundred dollars of the actual value
of such proportion of the taxable value of the shares of stock in such banks as
the deposits through the branch or branches so located in the city bear to the
total deposits of the bank as of the beginning of the tax year.
Each bank and each branch bank doing business in the city shall deliver
to the commissioner of the revenue of this city a copy of the report required by
section 58-470 of the Code of Virginia to be made by such bank, or, at the election
of any such bank or branch bank, such bank or branch bank may file with the commissioner
of the revenue the report or return provided for in section 58-484.1 of the Code
of Virginia, and in such latter case, pay the total amount of taxes due by all
its taxable stockholders within the time and in the manner prescribed in such section
58-484.1 and in this division. Upon receipt of either such report, it shall be
the duty of the commissioner of the revenue to assess the taxes herein imposed,
using as a basis of such assessment and of such apportionment as is proper the
taxable value of such stock as then currently fixed for the purpose of state taxation.
Section 33-46. Failure or neglect of bank to comply with division.
Any bank after ten days notice which shall fail or neglect to comply
with any provisions of this division shall, upon conviction, be quilty of a class
III misdemeanor. Such motion shall be in the name of the city and presented by
the city attorney
This ordinance shall become effective January 1, 1979.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
18 day of December 197 8
FIRST READING: Deceinber 11, 1978
SECOND READING December 18, 1978
lFor state law as to city tax on stock when bank is located in city, see Code of
Virginia, Section 58-476. For state law as to city tax on stock when branch bank
is located in city, see Code of Virginia, Section 58-476.1.
JDB/cj
12/6/78
12/7/78
(33) -2-
1 2 / 18 7 8
-11-
ITEM # 13141
On motion by Councilman Payne, seconded by Councilwoman Oberndorf, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and rayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve on second reading the ordinance to
provide second year funding for the Clean Community System in the
amount of $15,507.
- 1 2 -
AN ORDINANCE TO PROVIDE SECOND
YEAR FUNDING FOR THE CLEAN
CONMUNITY SYSTEM PROGRAM
WHEREAS, City Council is interested in utilizing educational,
technological, and enforcement techniques to measurably reduce litter on a
city-wide basis, and
WHEREAS, these techniques will be structured to induce, over a
period of time, behavioral and attitudinal changes of the citizen's toward
littering, and
WHEREAS, the State Department of Conservation and Economic
Development, Division of Litter Control, will provide second year funding
in the amount of $15,507, for this purpose.
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 herebv appropriated for the f-Ilowing purpose7
Estimated Revenue Total
From Other Agencies
Clean Communit@
System Program $15_507 @5 5.07
BE IT FURTHER ORDAINED that the appropriations be financed by
$15,507 Estimated Revenue from the State Department of Conservation and
Economic Development, and
BE IT FURTHER ORDAINED that one personnel position is hereby
authorized for the duration of the grant, to be paid from the grant, with the
employee class to be determined by the City Manager.
FIRST READING: Deceilber 11, 1978
SECOND READING: Decerqber 18, 1978
Adopted by the Council of the City of Virginia Beach on the
day of 1978.
12/IP/7S
- 1 3 -
ITEM #13142
An Ordinance upon Application of C.T.S., a Registered Virginia Part-
nership, for a Change of Zoninq District Classification from R-8
Residential District to B-2 Community-Business District on certain
property located at the Northwest intersection of W. Stratford Road
and Roanoke Avenue, running a distance of 80.79 feet along the North
side of W. Stratford Road, running a distance of 110.69 feet along
the Western property line, running a distance of 91 feet along the
West side of Roanoke Avenue, and running around a curve in a South-
westerly direction a distance of 57.11 feet. Said parcel contains
.5 acre. LYNNHAVEN BOROUGH
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a
recorded vote of 12 to deny this request. It was felt that the
proposed zoning would result in the permanent encroachment of com-
mercial activities into a residential area.
Councilman Holland made a motion, seconded by Councilwoman Oberndorf,
to deny the above application of C.T.S., a Reqistered Virginia Part-
nership, for a zoning change from R-8 Resideniial District to B-2
Community-Business District. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to deny the above application of C.T.S., a Regis-
tered Virginia Partnership, for a Change of Zoning District Classi-
fication from R-8 Residential District to B-2 Community-Business
District on certain property located at the Northwest intersection
of W. Stratford Road and Roanoke Avenue, running a distance of 80.79
feet along the North side of W. Stratford Road, running a distance
of 106.28 feet along the Western property line, running a distance
of 110.69 feet along the Northern property line, running a distance
of 91 feet along the West side of Roanoke Avenue, running a distance
around a curve in a Southwesterly direction a distance of 57.11 feet.
Said parcel contains .5 acre. Lynnhaven Borough.
The application was denied as it was felt that the proposed zonina
would result in the permanent encroachment of commercial activiti;s
into a residential area.
- 1 4 -
ITEM #13143
An Ordinance upon Application of Aragona-Carcia Enterl)rises, Inc.,
for a Chanqe of Zoning District Classification from A-1 Apartment
District to A-2 Apartment District on certain property located on
the North side of Shasta Court beginning at a point 300 feet North
of Daytona Drive, running a distance of 460.83 feet along the North
side of Shasta Court, running a distance of 494.96 feet along
the South side of Virginia Beach-Norfolk Expressway, and running a
distance of 302.93 feet along the Western property line. Said
parcel contains 1.36 acres. LYNNHAVEN BOROUGH
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote
of 11 for the motion and 1 abstention to approve this request 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.
Mr. Terry W. Langhorne represented the applicants
Councilman Merrick madea motion, seconded by Councilman Riggs, to
approve the above ordinance unon application of Aragona-Garcia
Enterprises, Inc., for a Change of Zoning District Classification
from A-1 Apartment District to A-2 Apartment District. The
recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the following ordinance upon application
of Aragona-Garcia Enterprises, Inc., for a C.hange of Zoning District
Classification from A-1 Apartment District to A-2 Apartment District:
ORDINANCE UPON APPLICATION OF ARAGONA-GARCIA Z01278398
ENTERPRISES, INC., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM A-1 APARTMENT
DISTRICT TO A-2 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Aragona-Garcia Enterprises, Inc., for a Change of Zoning
District Classification from A-1 Apartment District to iv-2 Apartment
District on certain property located on the North side of Shasta Court
beginning at a point 300 feet North of Daytona Drive, running a distance
of 460.83 feet along the North side of Shasta Court, running a distance
of 494.96 feet along the South side of Virginia Reach-Norfolk ExDressway,
and running a distance of 302.23 feet along the Western property line.
Said parcel contains 1.36 acres. Lynnhaven Borough
- 1 5 -
Approval of this request 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 18th day of December, 1978.
- 1 6 -
ITEM #13144
An Ordinance upon Application of Dean S. Potter, Jr., Gordon B. Potter,
John Ray Potter, and Lucille B. Potter for a Change of Zoning District
Classification from 0-1 Office District to B-1 Business-Residential
District on certain property located 358.37 feet North of Laskin Road
beginning at a point 250 feet West of Winwood Drive, running a distance
of 200 feet along the Southern property line, running a distance of
91.63 feet along the Western property line, running a distance of 200
feet along the Northern pronerty line and running a distance 91.63 feet
along the Eastern property @ine. Said parcel contains .4 acre.
LYNNHAVEN BOROUGH
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to approve this request 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.
Mr. W. Shep Drewery, Attorney, represented the applicants
Councilman Merrick made a motion, seconded by Councilman Riggs, to
approve the above application of Dean S. Potter, Jr., Gordon B. Potter,
John Ray Potter, and Lucille B. Potter for a Change of Zoning District
Classification from 0-1 Office District to B-1 Business-Residential
District. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the following Ordinance upon Application
of Dean S. Potter, Jr., Gordon B. Potter, John Ray Potter, and Lucille
B. Potter for a Change of Zoning District Classification from 0-1 Office
District to B-1 @usiness-Residential District:
ORDINANCE UPON APPLICATION OF DEAN S. POTTER, Z01278399
GORDON B. POTTER, JOHN RAY POTTER, AND L(ICILLE
B. POTTER FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 0-1 OFFICE DISTRICT TO B-1
BUSINESS-RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Dean S. Potter, Jr., Gordon B. Potter, John Ray Potter,
and Lucille B. Potter for a Change of Zoning District Classification
from 0-1 Office District to B-1 Business-Residential District on
certain property located 358.37 feet North of Laskin Road beginning
at a point 250 feet West of Winwood Drive, running a distance of 200
feet along the Southern property line, running a distance of 91.63
feet along the Western property line, running a distance of 200 feet
along the Northern property line and running a distance of 91.63 feet
along the Eastern property line. Said parcel contains .4 acre.
Lynnhaven Borough.
- 1 7 -
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 18th day of December,1978.
-18 -
ITEM #13145
An Ordinance upon Application of Arctic Holding Corporation for a
Change of Zoning District Classification from A-1 Apartment District
to B-4 Resort-Commercial District on certain property located on the
South side of 23rd Street, beginning at a noint 150 feet East of
Arctic Avenue, running a distance of 100 feet along the South side
of 23rd Street, running a distance of 140 feet along the Eastern
property line, running a distance of 100 feet along the Southern
property line, and running a distance of 140 feet along the Western
property line. Said parcel contains .32 acre. VIRCINIA BEACH BOROIJGH
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a
recorded vote of 12 to approve this request 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.
Mr. H. Calvin Spain, Attorney, represented the applicant
Councilman Riggs made a motion, seconded by Councilman Holland, to
approve the above application of Arctic Holding Corporation for a
Change of Zoning District Classification from A-1 Apartment District
to B-4 Resort-Commercial District. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the above application of Arctic Holding
Corporation for a Change of Zoning District Classification from A-1
Apartment District to B-4 Resort-Commercial District.
ORDINANCE UPON APPLICATION OF ARCTIC HOLDING Z01278400
CORPORATION 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:
Application of Arctic Holding Corporation for a Change of Zoning
District Classification from A-1 Apartment District to B-4 Resort-
Commercial District on certain property located on the South side
of 23rd Street, beginning at a point 150 feet East of Arctic Avenue,
running a distance of 100 feet along the South side of 23rd Street,
running a distance of 140 feet along the Eastern property line,
running a distance of 100 feet along the Southern property line and
running a distance of 140 feet along the Western property line. Said
parcel contains .32 acre. Virginia Beach Borough.
- 1 9 -
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 18th day of December, 1978.
- 2 0 -
ITEM #13146
An Ordinance upon Application of Li'l Shopper, Inc., for a Conditional
Use Permit for a self-service gasoline supply station on certain
property located at the Southeast intersection of Newtown Road and
Arrowhead Drive, running a distance of 180 feet more or less along the
east side of Newtown Road, running a distance of 226.67 feet along the
Southern property line, running a distance of 187.96 feet along the
Western property line and running a distance of 140.64 feet along the
South side of Arrowhead Drive. Said parcel contains .712 acre.
KEMPSVILLE BOROUCH
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to deny this request as it would be incompatible with single
family homes along Newtown Road in Norfolk.
Mr. H. Calvin Spain, Attorney, represented the applicant
Vice Mayor McCoy made a motion, seconded by Councilman Baum, to approve
the above application of Li'l Shopper, Inc., for a Conditional Use
Permit for a self-service gasoline supply station. The recorded vote
is as follows:
Ayes : Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M,.
Henley, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Nays: Councilmen Clarence A. Holland, Donald W. Merrick, Councilwoman
Meyera E. Oberndorf
Absent: Councilman George R. Ferrell
City Council voted to approve the above application of Li'l Shopper,
Inc., for a Conditional tjse Permit for a self-service gasoline supply
s t a t i o n :
ORDINANCE UPON APPLICATION OF LI'L SHOPPER, R01278226
INC., FOR A CONDITIONAL USE PERMIT FOR A
SELF-SERVICE GASOLINE SUPPLY STATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Li'l Shopper, Inc., for a Conditional Use Permit for a
self-service gasoline supply station on c@rtain property located at the
southeast intersection of Newtown Road and Arrowhead Drive, running a
distance of 180 feet more or less along the east side of Newtown Road,
running a distance of 226.67 feet along the Southern 'Droperty line,
running a distance of 187.96 feet along the Western property line,
running a distance of 140.64 feet along the South side of Arrowhead
Drive. Said parcel contains .712 acre. Kempsville Borough
Approval is subject to the following conditions in con,junction with
the intended use of the land:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. Compliance with Article 2, Section 224 of the Compre-
hensive Zoning Ordinance pertaining to Automobile
Service Stations.
4. One curb cut with a maximum width of 35 feet is to be
allowed on both Newtown Road and Arrowhead Drive.
This ordinance shall be effective from date of adoption.
- 2 1 -
ITEM #13147
An Ordinance upon Application of Creative Displays, Inc. for a
Conditional Use Permit for outdoor advertising poster panels on
certain property lo a@ted on the North side of Indian River Road
beginning at a point 150 feet East of Sandra Lane, running a
distance of 255.35 feet along the North side of Indian River
Road, running a distance of 397 feet more or less along the
Eastern property line, running a distance of 230 feet more or
less along the East side of Sandra Lane, running a distance of
150 feet in an Easterly direction and running a distance of 175
feet in a Southerly direction. Said parcel contains 2.57 acres.
KEMPSVILLE BOROTJGH
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a
recorded vote of 12 to deny this request. It was felt that Indian
River Road is a major thoroughfare and should be designated to
have special sign restrictions.
Mr. Chris Pease represented the applicant
Vice Mayor McCoy made a motion, seconded by Councilman Ervin to deny
the above application of Creative Displays, Inc., for a 'Conditional
Use Permit for outdoor advertising poster panels. The recorded
vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to deny the above ordinance upon application of
Creative Displays, Inc., for a Conditional Use Permit for outdoor
advertising poster panels on certain property located on the North
side of Indian River Road beginning at a point 150 feet East of
Sandra Lane, running a distance of 255.35 feet along the North side
of Indian River Road, running a distance of 397 feet more or less
along the Eastern property line, running a distance of 230 feet
more or less along the Northern property line, running a distance
of 150 feet in an Easterly direction and running a distance of 175
feet in a Southerly direction. Said parcel contains 2.57 acres.
Kempsville Borough
This application was denied as it was felt that Indian River Road
is a major thoroughfare and should be designated to have special
sign restrictions.
- 2 2 -
ITEM #13148
On motion by Councilman Ervin, seconded by Councilman Riggs, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the following ordinance to amend and
reordain Article 1, Section Ill of the Comprehensive Zoning Ordinance
pertaining to garage apartments.
- 2 3 -
A[I ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION Ill
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO GARAU'E APARTMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O. is amended and
reordained as follows:
Garage Apartment. A structure above a private garage in which provision
is made for one (1) dwelling unit, requiring an interior stairway to
the second floor, provided that the living area does not exceed 800
square feet of floor area and the height does not exceed 28 feet.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
18 day of c, ce no er 10, 7 8 -
APP S TO CorIENT
Q.
SIG@l@RE
// - / 7- 7,i
DLPART,VEN-.
APPR VM AS TO FORM
SIGI,IATURE
ClTv AITORNEY
B/ 7
- 2 4 -
ITEM #13149
Mr. Irving Douglas, Kings Point Civic League, appeared in favor
On motion by Councilman Merrick, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the following ordinance to amend and
reordain Article 2, Section 201 of the Comprehensive Zoning Ordinance
pertaining to fences.
- 2 5 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 201
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO FENCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 201(d), Requirements relating to fences and walls
in yards, of the C.Z.O. is amended and reordained as follows:
(d) Requirements relating to fences and walls in yards.
(1) Fences and walls within yards shall not exceed a height of
eight (8) feet. Walls and fences may project into or en-
close any part of any yard, provided, however, that any
fence or wall which projects into or encloses a required
front or side yard adjacent to a street shall not exceed a
height of four (4) feet except in the case of a through lot
when a required front yard setback " lea an' physically
the rear of the dwelling, an eight i8)cfoortlyfence will be
allowed.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
i day of Deceriber 19 7@
ROV
APP AS TO COITTENT
APPRC)'@IC-D AS TO FORIA
C;TY ATTORNcY
1 21 81 7 8
- 2 6 -
ITEM #13150
Mr. Douglas Talbot, Talbot and Associates, represented the al3plicant
On motion by Vice Mayor McCoy, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Abstain: Councilman Clarence A. Holland
Absent: Councilman George R. Ferrell
City Council voted to approve the following ordinance upon application
of Sunstream Park, Inc., for a Change of Zoning District Classification
from B-2 Community-Business DisTrict to R-8 Residential District:
An Ordinance upon Application of Sunstream Park, Inc. for Change of
Zoning District Classification from B-2 Community-Business District
to R-8 Residential District on certain property located on the South
side of Sunstream Parkway beginning at a point 800 feet more or less
West of Princess Anne Road, running along the Southern boundary of
Sunstream Parkway in a Southwesterly direction a distance of 950 feet
more or less, running a distance of 139.46 feet in a Southerly
direction, running a distance of 310 feet in an Easterly direction,
running a distance of 303.2 feet in a Northwesterly direction, running
a distance of 505 feet in an Easterly direction, running a distance of
340 feet in a Northwesterly direction and running a distance of 190
feet in a Northerly direction. Said parcel contains 6.7 acres.
PRINCESS ANNE BOROUGH
In conjunction with the intended use of the land, the following
conditions will be met:
1. Standard improvements as required by the Subdivision
Ordinance.
2. City water and sewer.
ORDINANCE UPON APPLICATION OF SUNSTREAM Z01278401
PARK, INC. FOR A CHANGE OF ZO.NING DISTRICT
CLASSIFICATION FROM B-2 COMMUNITY BUSINESS
DISTRICT TO R-8 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Sunstream Park, Inc., for a Change of Zoning District
Classification from B-2 Community-Business nistrict to R-8 Residential
District on certain property located on the South side of Sunstream
Parkway beginning at a point 800 feet more or less West of Princess
Anne Road, running along the Southern boundary of Sunstream Parkway
in a Southwesterly direction a distance of 950 feet more or less,
running a distance of 139.46 feet in a Southerly direction, running a
distance of 303.2 feet in a Northwesterly direction, running a distance
of 505 feet in an Easterly direction, running a distance of 340 feet in
a Northwesterly direction and running a distance of 190 feet in a
Northerly direction. Said parcel contains 6.7 acres. Princess Anne
and Kempsville Boroughs.
- 2 7 -
Approval is subject to the following co,nditions in conjunction with
the intended use of the land:
1. Standard improvements as required by the
Subdivision 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 18th day of December, 1978.
- 2 8 -
ITEM #13151
An Ordinance upon Application of Fentress Wood Associates for a Change
of Zoning District Classification from R-8 Residential District to B-2
Community-Business District on certain property located on the West
side of Princess Anne Road beginning at a point 690 feet more or less
South of Sunstream Parkway, running a distance of 504.5 feet along the
West side of Princess Anne Road, running a distance of 859 feet along
the Southern property line, running a distance of 500 feet along the
Western property line and running a distance of 847 feet along the
Northern property line. Said parcel contains 6.7 acres. PRINCESS ANNE
BOROUGH
In conjunction with the intended use of the land, the following condi-
tions will be met:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. An adequately sized on-site drainage system
draining to the Salem Canal is required.
4. Access to out parcels A, B, and C will be
through the adjacent parking area and not
from Princess Anne Road.
5. A 50 foot scenic easement is to be provided
along Princess Anne Road.
6. Temporary bypass and turn lanes will be
required along Princess Anne Road at the
location of the temporary entrance road.
7. Entrance from Princess Anne Road is to be by
way of one curb cut at a location to be
determined in conjunction with City Staff.
Mr. Douglas Talbot, Talbot and Associates, represented the applicant
On motion by Vice Mayor McCoy, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Abstain: Councilman Clarence A. Holland
Absent: Councilman George R. Ferrell
City Council voted to approve the ordinance upon application of
Fentress Wood Associates for a Change of Zoning District Classification
from R-8 Residential District to B-2 Community-Business District.
- 2 9 -
ORDINANCE UPON APPLICATION OF FENTRESS Z01278402
WOOD ASSOCIATES FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-8
RESIDENTIAL DISTRICT TO B-2 COMMTINITY-
BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Fentress Wood Associates for a Change of Z.Q
District Classification from R-8 Residential District to 6-2
Community-Business District on certain property located on the
West side of Princess Anne Road beginning at a point 690 feet
more or less South of Sunstream Parkway, running a distance of
504.5 feet along the West side of Princess Anne Road, running a
distance of 859 feet along the Southern property line, running
a distance of 500 feet along the Western property line and run-
ning a distance of 847 feet along the Northern property line.
Said parcel contains 6.7 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 Site
Plan Ordinance.
2. City water and sewer.
3. An adequately sized on-site drainage system
draining to the Salem Canal is required.
4. Access to out parcels A, B and C will be through
the adjacent parking area and not from Princess
Anne Road.
5. A 50 foot scenic easement is to be provided
along Princess Anne Road.
6. Temporary bypass and turn lanes will be required
along Princess Anne Road at the location of the
temporary entrance road.
7 . Entrance from Princess Anne Road is to be by way
of one curb cut at a location to be determined
in conjunction with City Staff.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 18th day of December, 1978.
- 3 0 -
ITEM #13152
On motion by Councilman Ervin, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to defer indefinitely the following ordinance to
amend Chapter 147, as amended, of the Acts of Assembly of 1962, which
provides a charter for the City of Virginia Beach, Virginia, by adding
a new section numbered 3.10 to activate the Virginia Beach Redevelopment
Authority without an election thereon and to permit members of the
Council of the City of Virginia Beach, Virginia, to act as commissioners
of the Virginia Beach Redevelopment and Housing Authority and to
exercise the powers conferred on such Authority.
Reqtiested by: City Maiiager -31- 1
The regular meeting of the Council of the City of Virginia Beach, Virginia,
was held in the Council Chambers of the Administration Building of the City of
Virginia Beach, Virginia, on the day Of Dece@er , 1978.
On motion by Councilman Ervin and seconded by Councilman Baum
the following Resolution was deferred indefinitely
R E S 0 L U T I 0 N
WHEREAS, it is the opinion of the Council of the City of Virginia Beach,
Virginia that certain changes need to be made to the Charter of the City of Virginia
Beach; and
WHEREAS, in order to make these changes legislative action is required by
the General Assembly of Virginia to accomplish t@liese- purposes.
THEREFORE, BE IT RESOLVED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Tiiat the General Assembly of Virginia is requested to make the following
changes to the aforementioned Charter:
AN ACT TO AMEND CIIAPTER 147, AS AMENDED, OF THE ACTS OF
ASSE@IBLY OF 1962, WI[ICII PROVIDES A CHARTER FOR THE CIT'Y
OF VIRGINIA BF-ACII, VIRGINIA, BY ADDING A NEW SECTION
NUMBERED 3.10 TO ACTIVATE THE VIRGINIA BEACH REDEVELOPMENT
AUTHORITY WITHOUT A,14 ELECTION THEREON AND TO PERMIT MEMBERS
OF THE COUNCIL OF TliE CITY OF VIRGINIA BEACH, VIRGINIA, TO
ACT AS CONIMISSIONERS OF THE VIRGINIA BEACII REDEVELOPMENT
AND HOUSING AUTliORITY AND TO E:XERCISE '['IIE POWEFIS CONFERRED
ON SUCH AUTHORITY.
BE IT ENACTED BY THE GENEPAL ASSalBLY OF VIRGINTA:
1. That Chapter 147, as amended, of the Acts of Assembly, 1962, approved
February 28, 1962, be amended by adding a section riumbered 3.10, as
follows:
a) Notwithstanding any of the provisions of the Housing
Authorities Law (SS36-1 et seq, of the Code of Virginia,
as ameiided), tlic- Virginia Beach I(edevelopment and Housing
Authority may I)e activate(,., tran@,,act business and exercise
its powers wlienever the council of the City of Virginia
Beach shall adopt a resoltition declariiig tlle need for an
authority to function in the City of Virgiiiia Beach.
The council may adopt such a resolution declaring there
is a need for an authority to function in the City, if it
shall find:
7 0
3 2 -
(1) that unsanitary or unsafe inhabited dwelling accomodations
exist in the City; or
(2) that there is a shortage of safe or unsanitary dwelling
accomodations in the City available to per@ons of low
income at rentals they can afford; or
(3) that there is a blighted or deteriorated area which needs
redeveloping.
Notwithstanding any provisions of the Housing Authorities Law, the
members of council of the City of Virginia Beach, during their re-
spective terms of office, are authorized and empowered to act as the
commissioners of the Virginia Beach Redevelopment and Housing
Authority whenever the council of the City of Virginia Beach shall
pass an ordinance declaring that the members of council shall act
as commissioners of the Authority. Shoiild the council determine that
the members of the council shall act as the commissioners of the
Virginia Beach Redevelopment atid Housin@ Authority, as provided above,
there shall be the same number of commissioners as there are members
of council unless council shall adopt an ordinance designating a
lesser number.
The council shall designate wliich of the commissioners shall be the
cliairman of tlie Authority. A majority of conunissioners shall consti-
tute a quorum of the Authority for the purpose of conducting its
business and exercising its powers and for all purposes provided by
general law. Action may be taken by ttie Autliority on a vote of a
majority of the commissioners present, iinless, in any case, the bylaws
of the Authority st)all reqtlire a larger number.
Notwithstanding any provisions of law to ttie contrary, a city-council
member sliall receive no compensation for serving as a commissioner of
the Autliority, nor sliall he continue to serve as commissioner after
he ceases to be a member of city council.
The determination of council made hereunder or any determination made
by the Authority as constittited hereunder shall be effective without
3 3 -
the prerequisit6 of an election being held to determine the question
as provided in the Housing Authorities Law.
Nothing herein contained shall be construed to prevent the council
and the Authority from otherwise proceeding under and in accordance
with the Housing Authorities Law.
2. In any suit, action, or proceeding involving the validity or endorse-
ment of or relating to any contract of the Authority, the Authority
shall be deemed to have been activated and established and authorized
to transact business and exercise its powers granted under the
Housing Authorities Law, upon proof of the adoption of a resolution
by the city council declaring the need for the Authority. Such
resolution shall be deemed sufficient if it declares that there is a
need for an Authority and finds, in substantially the foregoing terms
(no further findings necessary), that any or all of the above enumerated
conditions exist in the City. A copy of such resolution duly certified
by the Clerk shall be admissible in evidence in any suit, action, or
proceeding.
3. An emergency exists and this Act shall be in effect from its passage.
DEFERRED INDEFINITELY: December 18, 1978
- 3 4 -
ITEM #13153
On motion by Vice Mayor McCoy, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
and Mayor Patrick L. Standing
Nays: Councilman Roger L. Riggs
Absent: Councilman George R. Ferrell
City Council voted to adopt the resolution regarding an act to amend
Chapter 147, as amended, of the Acts of Assembly of 1962, which
provides a charter for the City of Virginia Beach, by adding a new
Section numbered 3.11 relating to powers of investigation for City
Council, any committee of members thereof, when so authorized, or by
Board or Commission whose members are so appointed by Council when
authorized by ordinance.
3 5 -
@c-qtl@,6t I)Y City
TI)e re@,Lil ;ir ilic-@Otill- 0 f t:l)c, Coliilc ii c@i tl,E, (;it.), of V i@, Beicli,
I)clcl ill ti),, C, ..... ( ii of Llie A,Iiiiiiiistrati(,,i Buil(iiili,.
of t:li@, City of Vii-@,ini@i Beac,i oii LIIL 1 8-_ ,]@ly of __D-e-celTbe.r,-1-8-,--, 197(@.
Oti motion I)y Vice Mayor McCoy ali(I se@c,)ti,lcd by Councilman Holland
tl,c follo@,iiig Rcis,-,Iution %qas i@lf,pted.
-R )7 S-. 0 T, U 'J' I- -0, -N
WHI,REAS, iti is tlie )pinic)3i of tlic@ Council of tl)e City of \Iirgini..a
Virginia, that certgin cliaiige-q nee,l to I)e iia3c, to tlie Cliarter of Lhe
City of Vii-iinia Beocii; and
TAIIIF,RU,S, iii ordc-r to inzike these le@islltivc action is
reqttirecl by tlie General tssembly of Vii7giiii,,i to accoinpl.isli thcpp purposo,,3.
TF@REFORI', BE IT RESOLVE!) BY Tlll@ COIT.,CTL OF I'IIE CTI'Y OF VIRGINIA
r,EACP@, Vll@,CINIA:
TfIAT tlie Ceiiei-al of Virl,iniD is re(ju(,Sted to make the
following clianges to tl,@c, Cliai-ter:
Certified to be a true excerpt of the Minutes of the City Council of the City f
Virginia Beach, Virginia, approved December 18, 1978.
Ri h r i"' City Clerk 12/27/78
3 6 -
AN A(@l T@)
ASS]":@@i'l- 01@' t9(1; i.11@l"Cil (@i'I'Y 01"
A TI L'C']'] 0 @,j 3. ]'O
'I'C' C)F ,NY
OF 11][1@ii,i@l@@@ II)i (,I', A,@Y
J30i@Rli o@ll Col@-;%il@@l"@@',@,@ @@il()Sll,' A'@,!', SO BY
COU'@cil., '@@liFN i"Y
BF IT l,';t@,'@C'1'11) E-Y 'f[iE ASSE@IBJ,'@' (@l,, VIRGI!41A:
Tliat Chaptei- 1/47, of tlic, of AF;@i;@l,ly, 1962, il)l)rc)vc@,
Febiu,-,r)@ 28, ],jO2, ])e I)y icidin@, a new SCICL:ojl 3.10 as folloxs:
ScL!ti,@ii 3.10 Pc,@crs of @Liivestigj@,@"(,n.
a) Tli-- or any coiiimittcc, of iiie,@il)ers of Lile cotincil., when so
autliori?,c,d by cot,licil, iliall liaTc tlic, I)ower to iii@ikc sucli iilv(@st@i@.'Itiol).S
relalill@. to tllc@ 1-cunicip@i.1 af@airs of tlic city as i@- may deem iiecer,!-;a,-y,
ai-id shall. liave tlie power to invesLiLaL(! any or a.IL clpaitmetits, bo@ircl,,;,
coinmissions, officc@rs atid a,.,encies of the city gdvernment, including
tlie scl)c)ol bo@ird, and any officer oT- ei@iployce of tlie city, concerning
the perform@ince of Llieir duties an(] f@i@ictioii,; ,ind the use c)f property
of tlie city.
b) The council, or any conLTnittec@ Of mcial3tirs of tlie coun(;il, when so
autliorj.zc-,d, may ordc-r tlie attcnd.-,nce of iiiy persoii as a witnes.,; and the
production by atiy person of all relov,,int bc,o]@s, papcrs and records of
any ]@,iiad. Witnesses sliall be sworn by tl,@ person presidi.i)g at sucl,
investigatioii, and wit:nesses shal.l. I)e liible to prosc-cution or suit foi:
damagc,@ for perjiir, for any false test@iiii(@i@v pi,,c@n at sucli invcsl:igation.
Any pcrson, liiviii,,- br,ctn ord,-,rcd to att(-iiC,, cr to p-odice sucli book-',,
p@ipers and records, wl)o refuses or fiils tc ol)Ly ,@@ich Ii) order or wlio,
liaviiig atteitd@(1, @-('fL)L;e.S or f..ils to ,ii@:;wcr c@Tiv quc,.@tions reicvalit c,l-
pertinc,nt to the matter under inve-Li,,,,,iti(,ii, sliall I,,e (]eellied guiity of
a cl@iss IV .nisdeipc,@.iior. Coiii)(,il h@ive tiio po,.@er to :apl)ly Lo tfi(--
jtidge of the gener@il (liptrict (-ourt foi- i or @tbpoeiia diicci,
t,,@t i F, or n
pi-od,ice L@luii( at),!
ijd@,e of said (@C)Liit @@I)c).l @,@),,d c@iu.-c sl:owi,,, ciLiFL said
to bc@. :i,,.sue(l. l'iic,
\, i @l @ii ('@ t ,,, , i @,, @ ,f t Iii, q(@,. I i "l) to I)e Silli@a@OIIL,(@t LCj ol"", I.],,c@
- 3 7 -
general district court, criminal division, for trial.
Any person convicted of violating the provisions of
this section shall have the right of appeal to the
circuit court of the City of Viralinia Beach as in
cases of misdemeanor.
c) Any board or commission whose members are appointed
by the council, when authorized by ordinance to do so,
shall have the investigatory powers, or as much of
them as are delegated by ordinance or resolution, to
make investigations in connection with the performance
of their duties and functions, as may be deemed
necessary.
2. An emergency exists and this act shall be in effect
from its passage.
BE IT FIIRTHER RESOLVED BY THE COIJNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That a public hearing on the proposed charter amendment shall
be held in the Council Chambers of the City of Virginia Beach, Virginia
at 7 p.m. on the 4th day of December, 1978, pursuant to Section 15.1-912
of the Code of Virginia (1950) as amended, and the City Clerk is
directed to give notice of such public hearing at least ten (10) days
prior to such hearing by publication in a newspaper of general circula-
tion in the City of Virginia Beach.
The City Clerk is directed to forward a cony of this resolution
upon adoption by the City Council, to each member of the General Assembly
representing the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 18th day of December, 1978.
- 38 -
ITEM #13154
Mr. John Thorne appeared regarding this ordinance
On motion by Councilman Ervin, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the ordinance to amend and reordain
Section 13 of the Ordinance dated March 17, 1975, relating to Cable
Television Franchise.
- 3 9 -
AN ORDINANCE TO AIIEND Al@D REORDAIN SECTION
13 OF THE ORDI[IANCE DATED [IARCH 17, 1975,
R'LLATIfIG TO Ct'ABLE TELEVISION FRANCHISE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
WHEREAS, by ordinance, dated March 17, 1975, Council set forth the terms
and conditions upon which a cable television franchise would be granted by the City of
Virginia Beach; and
WHEREAS, on @lay 17, 1976, Council awarded said franchise, pursuant to the
ternis and conditions of the above-noted ordinance, to Cox Cable Television; and
WHEREAS, pursuant to section - of that March 17, 1975, ordinance, the
City and the grantee desire to change the provisions for the security fund, the
elrantee's consent being evidenced by the letter of its duly authorized corporate
officer attached hereto;
NOW, THEREFORE, BE IT ORDAINED that section 13 of the ordinance of March
17, 1975, is hereby amended and reordained as follows:
13. Security Fund.
A. Within thirty days after the acceptance of this franchise, the
grantee shall deposit with the City Treasurer and maintain on deposit through the
terTn of its franchise, the sum of Ten Thousand Dollars ($10,000.00) in cash and in
addition shall post a construction performance bond in favor of the City of Virginia
Beach in 'L-he amount of Five Hundred Thousand Dollars ($500,000.00). The cash deposit
shall serve as security for the faithful performance by the grantee of all of the
provisions of this ordinance, excepting t@iose pertaining to construction of the
system, and compliance with all orders, perrnits and directioris of any agency of the
City having jurisdiction over its acts and defaults under this ordinance, and the
payment by the grantee of any claims, liens and taxes due the City which arise by
reason of the operation or maintenance of the system. The construction performance
bond shall serve as security for the faithful performance by the grantee of all
provisions of this ordinance pertaining to the construction of tlie system and shall
12/18/7P
- 4 0-
be in such form and with such surety as approved by the City Attorney. The
construction performance bond may be reduced in pro rata increments based upon
capital investment. The reduction and accompanying capital investments are as
follows:
Construction Capital Bond Net
-Percentage Cost (000) Reduction Bond
Step 1 28 $1,820,000 $100,000.00 $400,000.00
Step 2 46 2,990,000 77,500.00 322,500.00
Step 3 64 4,160,000 77,500.00 245,000.00
Step 4 82 5,330,000 77,500,00 167,500.00
Step 5 100 6,500,000 77,500.00 90,000.00
Upon completion of construction as required by the franchise, the grantee shall
niaintain an operation performance bond in the amount of Ninety Thousand Dollars
($90,000.00) for the duration of the franchise. Application for bond reduction shall
be ma estment must
accompany this request. Such documen@lation will be reviewed in accord with section
9, paragraph C, and section 11, paragraph EL, If the grantee has made all required
payments and shall have complied with all the provisions of the ordinance, the City
Treasurer shall be required to pay annually to the grantee all interest earned from
the investment of the cash deposit at a rate of one and one-half percent (11/2%) above
the average quarterly prime rate on or before July 1 of each year in which this
franchise is in effect.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
18 day of December 197 8
AB/cj
12/4/78
-2-
12/IR/78
- 4 1 -
ITEM #13155
On motion by Councilman Holland, seconded by Vice @ayor McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to adopt the resolution endorsing the 1979
Legislative Package, with the exception of item #4 and item #5,
which will be voted on separately.
"EXHIBIT A" entitled "COMMENTS ON CARRIED OVER BILLS AND 1979
LEGISLATIVE PROPOSALS PRESENTED FOR CONSIDERATION BY THE 1979
VIRGINIA GENERAL ASSEMBLY" is on file in the City Clerk's office.
- 4 2 -
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers of the Administration Building on
the 19 day of December -, 1978.
On motion bycouncilman Hollandand seconded byvice Mayor McCoy
the following resolution was adopted@ with the exception of item #4 and-
item #5 in the Legislative Package. (They were voted on separately)
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach, Virginia has
reviewed the presentation concerning certain legislative proposals; and
WHEREAS, after due consideration the Council is of the opinion that
such proposals would be beneficial to the citizens of this City.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the document attached and marked "EXHIBIT A" a.d e.titled
"CO@NTS ON CARRIED OVER BILLS AND 1979 LEGISLATIVE PROPOSALS PRESENTED FOR
CONSIDERATION BY THE 1979 VIRGINIA GENERAL ASSEMBLY" is hereby endorsed by
said Council as the City's official legislative requests and recommendations
for the 1979 General Assembly session.
The City Clerk is directed to forward a copy of this resolution to
each member of the General Assembly representing the City of Virginia Beach,
Virginia.
Certified to be a true excerpt of the Minutes of the City Council of the City of
Virgi.n@a Beach, Virginia, approved December 18, 1978.
cit @lerk 12/27/78
1/@r'd i"@e@/8@l y
Adopted by the Council of the City of Virginia Beach, Virainia,
on the 18 day of December , 1978.
Ji)b:er
12-6- 78
12/18/78
- 4 3 -
ITEM #13156
Councilman Merrick made a motion, seconded by Councilwoman Henley,
to delete item #4 (Exemption of the Sunday Closing Law) from the
1979 Legislative Package. The recorded vote is as follows:
Ayes: Councilwoman Barbara M. Henley, Donald W. Merrick, and
Councilwoman Meyera E. Oberndorf
Nays: Councilmen John A. Baum, F. Reid Ervin, Clarence A. Holland,
Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Absent: Councilman George R. Ferrell
The motion to delete item #4 (.Exemption of the Sunday Closing Law)
from the 1979 Legislative Package was lost.
ITEM #13156(a)
Councilman Riggs made a motion, seconded by Councilman Baum, to
include item #4 (Exemption of the Sunday Closing Law) in the 1979
Legislative Package. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Clarence A. Holland,
Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: Councilwoman Barbara M. Henley, Donald W. Merrick, and
Councilwoman Meyera E. Oberndorf
Absent: Councilman George R. Ferrell
City Council voted to include item #4 (Exemption of the Sunday Closing
Law) in the 1979 Legislative Package.
- 44 -
ITEM #13157
Councilman Baum made a motion, seconded by Councilwoman Oberndorf, to
include in the 1979 Legislative Package item #5 (Tax on Coin-Operated
Amusement Machines). The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman 9arbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, ]. Curtis Payne,
and Mayor Patrick L. Standing
Nays: Councilman Roger L. Riggs
Absent: Councilman George R. Ferrell
City Council voted to include in the 1979 Legislative Package item #5
(Tax on Coin-Operated Amusement Machines).
- 4 5 -
ITEM #13158
On motion by Councilwoman Oberndorf, seconded by Councilman Baum,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve on first reading the ordinance to accept
$75,000 from the Southeastern Tidewater Area Manpower Authority and to
appropriate these funds.
4 6 -
AN ORDINANCE TO ACCEPT $75,000
FROM THE SOUTIIEASTERN TIDEWATER
AREA MANPO@4ER AUTIIORITY AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City Council, on November 20, 1978, approved an
initial award totalling $11,798 from the Southeastern Tidewater Area Manpower
Authority (STAMA) for the purpose of establishing an employment program
under Title I of the Comprehensive Employment and Training Act of 1973
(CETA), and
WHEREAS, the Citv Council has since approved modifications to
increase funding by $25,702, and
WHEREAS, STA@IA has approved $75,000 in additional funding, which
the City wishes to accept.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That additional funding from STAMA be accepted and appropriated
for the foll.owing purpose-
Estimated Revenue Total
From Other Agencies Appropriations
CETA - Title I $75_@OQ $75,000
BE IT FURTHER ORDAINED that the appropriations will be financed
100% by federal funds, with no local match required, and
BE IT FURTHER ORDAINED that a total of twenty-six personnel
positions is hereby authorized for the duration of the grant, to be paid
from the grant, with classes of emplovees to be determined by the City
Manager.
FIRST READING: December 18, 1978
SECOND READING:
Adopted b), tlie Coijncil of the City of Virginia Beach on the
da,v of 1979.
- 4 7 -
ITEM #13159
On motion by Councilwoman Oberndorf, seconded by Vice Mayor McCoy,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve on first reading the ordinance to accept
$165,000 from the Southeastern Tidewater Area Manpower Authority and
to appropriate these funds.
4 8 -
AN ORDINANCE TO ACCEPT $165,000
FRO@l THE SOUTHEASTERN TIDEWATER
ARI-'A MANPOWER AUTIIORITY AND TO
APPROPRIATE Tll,'SE FUNDS
WHEREAS, the Cit.v Council, on March 7, 1977, approved an initial
award totalling $34,173 from the Southeastern Tidewater Area Manpower
Authority (STAMA) for the purpose of establ-ishing an employment program
under Title II of the Comprehensive Employment and Training Act of 1973
(CETA), and
WHEREAS, the City Council has since approved modifications to
increase the funding by $779,880, and
WHEREAS, STAMA has approved $165,000 in additional funding, which
the CitV wishes to accept.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That additional funding froni STA@IA be accepted and appropriated
for the following purpose:
Estimated Revenue Total
From Otlier Agencies Appropriations
CETA - Title II @5 O@O @65 O@O
BE IT FURTHER ORDAINED that the appropriations will be financed
100% by federal funds, witli no local match required, and
13E IT FURTIIER ORDAINT@"D that a total of eighty-tllree personnel
positions is hereby atitliorized for the duration of the grant, to be paid
from the grant, witli classes of einplo\,ees to be determined b.@ the Citlv @lanager.
FIRST READING: December 18, 1978
SECOND READING:
Adopted b,@ tlie Counci.1 of the Cit,, of Virginia Beach on the
day of 1979.
- 4 9 -
ITEM@ #13160
On motion by Councilwoman Oberndorf, seconded by Mayor Standing, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve on first reading the ordinance to accept
$390,000 from the Southeastern Tidewater Area Manpower Authority and
to appropriate these funds.
5 0 -
AN ORDINANCE TO ACCEPT $390,000
FROM THE SOUTHEASTERN TIDEWATER
AREA @IANPOWER AUTHORITV AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City Council, of Februarv 7, 1977, approved an
initial award totalling $290,000 from the Southeastern Tidewater Area
Manpower Authority (STAMA) for the purpose of establishing an emplo-vment
program under Title VI of the Comprehensive Emplovment and Training Act
of 1973 (CETA), and
WHEREAS, the City Council has since approved modifications to
increase the funding by $2,637,294, of which $479,655 was for Non-Citv Hall
Projects, and required no appropriations, and
WHEREAS, STMIA has approved $390,000 in additional funding, which
the City wishes to accept.
NOW , THEREFORE, BE IT ORDAINED BY THE COUIZCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That additional funding from STADTA be accepted and appropriated
for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
CETA - Title VT $390,000 @90,90-0
BE TT FURTHER ORDAINED that the appropriations will be financed
100% by federal funds, witli no local m@itch required, and
BE IT FURT"ER ORDAIIQED tliat a total of two hundred, seventv-five
personnel positions is lierebv authorized for the duration of the grant, to
be paid from the grant, witli classes of emplovees to be determined bv the
Cit.N, @lanager.
FIRST READING: Dece
SECOND READING:
Adopted b,, thc, Cotincil of the Cit,@, of Virginia Beach on the
day of 1979,
- 5 1 -
ITEM #13161
On motion by Councilman Ervin, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the ordinance to authorize acquisition
of property in fee simple for Lakeview Shores Sanitary Sewer Project
6-402 either by acquisition or by condemnation.
Requested by Real Estate - 5 2 -
AN ORDINPIICE TO PUTI;CP.IZE PCCUISITIOI!
OF PROPERTY IN FEE SIIIPLE FOR LAKLVIEW
SHORES SANITARY SEWER PROOECT 6-402
EITHER BY ACQUISITION OR BY COTIDEMNATION
WHEREAS, in the opinion of the Council of the City of Virginia Beach,
a public necessity exists for the construction and installation of this important
project to provide sewer and for other public purposes for the preservation of
the safety, health, peace, good order, convenience, morals and welfare of the
people in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CO(JNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the City Attorney and/or Assistant City Attorney is
hereby authorized and directed to acquire by purchase or condemnation pursuant to
Section 15.1-236, et seq., and Section 33.1-89, et seq, Code of Virginia of 1950,
as amended, all that certain real property in fee simple as shown on the plans
entitled Sanitary Sewage Collection System Lakevi,,w Shores, these plans beingon file
in the Office of Real Estate, Department of Public Works, Virginia Beach, Virginia.
Section 2. The City Attorney and/or Assistant City Attorney is hereby
authorized to make or cause to be made on behalf of the City of Virginia Beach a
reasonable offer to the owners or persons having an interest to said land, if
refused, the City Attorney and/or Assistant City Attorney is hereby authorized to
institute proceedings to condeftn said property.
Section 3. That an emergency is hereby declared to exist and 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, Virginia on the
18 day of December -, 19 7 8
JAR:kg
12/11/78
1 IP/7P
- 5 3 -
ITEM #13162
On motion by Councilman Payne, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to appoint Mrs. Ruth Hodges Smith as the City Clerk,
effective January 1, 1979; and further appointed Mrs. Diane M. Hickman
as Mrs. Smith's deputy, also effective January 1, 1979.
- 5 4 -
ITEM #13163
On motion by Councilman Riggs, seconded by Councilman Merrick, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to hold a public hearing in January of 1979, on the
continuation of one-way streets in the Virginia Beach Borough; and also
to hold a public hearing on the PAMPIS Study.
ITEM #13164
Mr. Charles Hess appeared before City Council regarding sidewalks in
Groveland Park.
Mr. Hess indicated that 76% of the residents in the area are opposed
to the installation of sidewalks, and requested that no further side-
walks be put into the area; and further requested the City to close
Edinburgh Drive.
'l.'he area that had the sidewalks put in will be landscaped and reseeded,
and the residents in the area will have 60 days in which to provide the
City with petitions indicating whether tliev wish sidewalks on their street
or whether they do not wish sidewalks on t@eir street.
ITEM #13165
Councilman Merrick indicated to Council and the City Manager that half
of the City trash is picked up Mondays and Thursdays on the south side of
the Boulevard and on Tuesdays and Friday the trash is picked up on the
North side of the Boulevard. Mr. Merrick further indicated that he has
received many requests frori the Princess Anne Plaza area requesting
refuse collection twice a week.
Mr. Merrick indicated that he would like to see the trash collection
rotated yearly so that those on the North side of Virginia Beach
Boulevard will not have a benefit over the South side of the Boulevard.
Councilman Merrick made a motion, seconded by Councilman Ervin, to
rotate the trash collection yearly during holidays to insure the
trash is picked up equally on the North and South sides of Virginia
Beach Boulevard. This is to begin on January 1, 1980.
Councilman Ervin offered a substitute motion, seconded by Councilman
Merrick, to defer the action on the above matter until January 1, 1979.
The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clarence A. Holland, Doiiald W. Merick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, and Roger L. Riggs
Nays: Vice Mayor J. Henry McCoy, Jr., and Mayor Patrick L. Standing
Absent: Councilman George R. Ferrell
City Council voted to defer until January 15, 1979, the rotation of
trash pickup yearly during holidays to insure the trash is picked
up equally on the North and South side of Virainia Beach Boulevard.
I-./JP/70
- 5 5 -
ITEM #13166
Councilman Baum indicated he would like to see the matter of agricultural
zoninq come before Council for discussion, and further requested a briefing
by the staff as to what the present requirements are with the City's existing
laws.
ITEM #13167
On motion by Councilman Payne, seconded by Councilman Merrick, and by
acclamation, the meeting adjourned.
Richard J. "t-P bon, Ci@y Clerk inding
City of Virginia Beach,
Virginia
December 18, 1978
h
12/18/78
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