JUNE 5, 1978
MINUTES OF THE HONORABLE CITY COUNCIL
OF TIJE
CITY OF VIRGINIA BEACH, VIRGI,@IIA
June 5, 1978
The regular meeting of the Council of the City of Virginia Beach,
was called to order by Mayor Clarence A. Holland, in the Conference
Room, in the Administration Building, on Mondav, June 5, 1978, at
1:00 P.M.
Council Members present: John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J.
lienry McCoy, Jr., Councilwoman Mevera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd
E. Waterfield, Jr.
ITEM #12212
Mayor Holland entertained a motion to permit Council to conduct an
informal session to be followed by an executive session for the pur-
pose of discussing the followin@.:
1. Discussion or consideration of employment,
assignment, appointment, I)romotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
b o d,,.
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of pltl)licly held
property.
3. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or other
legal matters witliin the jurisdiction of the public
body.
On motion by Councilman Ferrell, seconded by Vice Mayor Standing, and
b,7 recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy,
Jr., Councilwor-ian Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Ri@,.@s, Vice Mayor Patrick L. Standing, and Flovd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to proceed into the executive session following
the informal discussion.
ITEM #12213
Vice Mayor Standing stated he has discussed with the City Attorney
a form for Boards and Commissions, which would be put to record. This
would be in resolution form stating the duties of that particular
Board or Commission, the directors, etc.
Vice Mayor Standing requested the City Attorney to prepare copies
to be placed in the Council agenda of June 12, 1978.
ITEM #12214
The City Manager stated that on February 27, 1967, the City of Virginia
Beach acquired Nike Battery N-36 from the United States to be used for
recreational purposes. This property is located on Recreation Drive,
where the Department of Parks and Recreation's Offices are. The deed
for this property requires that it be used for a public park and public
6 / 5 / 7 8
- 2 -
recreational area and that noncompliance with this provision or any
of the conditions in the deed shall result in title to the property
reverting to the United States at its option.
In @,qovember of 1975, the juvenile detention home bililding was moved
from the Municipal Center to a site located at the end of Recreation
Drive, tlie City was, subsequently, advised by representatives of the
Department of the Tnterior that the use of this property for a juv-
enile detention home was a violation of the recreational covenants
of the deed for the property.
The City Mana@er further stated that he made a proposal to place the
federal recreation restrictions on a park site located in Eureka Park
in exchange for releasing these restrictions from the one-quarter acre
site on which the juvenile detention home is located.
Representatives of the Department of the Interior agreed to this pro-
posal and have prepared a deed of excliange for the transaction. The
deed has been executed by the appropriate agent of tlle federal @-overnment
and has been approved as to form by the Citv Attorney.
This matter will be brought up at the formal meeting - Item #11.
ITEM #12215
The City Manager stated that this was for informational purposes,
unless Council disagreed with the position taken by the City.
The Catholic Diocese is attempting to build some Section 8 Housing
for the elderly in the Lynnhaven Boroug-h, and requested the City to
amend the City's Ho,,l!;ing Assistance Plan.
ITEM #12216
The City Manager stated that back in June of 1966, City Council was
presented with a request from E. V. Williams for a borrow pit off of
Indian River Road. The proposed lake area was 104.259 acres. The
remaining area surrounding the lake was 80.735 acres and there was
a commercial area of 5.874 acres, for a total acreage of 190.868.
Since that time, they have sold off the commercial area, and con-
sequently, in the application coming before Council today, the land
area is 185 acres. Mr. Williams stated that they were doing the
original plan, however, Council amended the original plan by requesting
a 80-foot buffer, and because of that 80-foot buffer the red(iction in
the amount of area to be borrowed came to 83 acres.
ITEM #12217
The City Manager stated that the City did not receive any public
service announcements from the news media regarding holiday trash
pick up. The City had 827 calls from citizens regarding their
trash not being picked up.
The City Manager suggested that the City return to the original
trash collection schedule.
6 / 5 / 7 8
- 3 -
ITEM #12218
The City Manager stated that he will be bringing to Council next week
a series of ordinances on conservation of water with regards to new
construction.
ITEM #12219
At 2:15 p.m., City Council reconvened in the Council Chambers with
the following members present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
The invocation was given by the Reverend B. G. Campbell, Westwood
Hill Baptist Church, followed by the Pledge of Allegiance.
ITEM #12220
On motion by Councilman Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the minutes of the regular meeting of
May 22, 1978, and dispensed with the reading of said minutes inasmuch
as each Council Member had a copy.
ITEM #12221
On motion by Councilman Baum, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following consent agenda - 7B through
7H - with the exception of item 7A, which will be voted on separately:
6/5/78
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ITEM #12222
On motion by Councilman Baum, seconded by Councilman Griffin, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to defer for two weeks the following ordinance
closing, vacating and discontinuing a portion of Hillview Boulevard,
in tbe Kempsville Borough:
6/5/78
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ITEM #12223
The following bids have been received for the Great Neck Road water
system improvements - elevated water storage tank - Lynnhaven Borough:
Division I Division II
(Foundation) (Tank)
Chicago Bridge & Iron Co. No Bid $559,310.00
Pittsburg-DesMoins Steel Co. No Bid 578,600.00
Crowder Contracting Company $237,785.00 No Bid
Gavco Construction Co. 276,000.00 No Bid
W. B. Meredith, II, Inc. 288,500.00 No Bid
Suburban Grading & Utilities, Inc. 332,999.00 No Bid
Engineer's Estimate $225,000.00 $540,000.00
On motion by Councilman Baum, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the low bid of Crowder Contracting
Company, in the amount of $237,785, for Division T, for the Great
Neck Road water system improvements; and approved the low bid of
Chicago Bridge and Iron Company, in the amount of $559,310, for
Division II, for the Great Neck Road water system improvements;
and further authorized the City Manager to enter into the necessary
agreements for the implementation of this project. Funds are available.
ITEM #12224
On motion by Councilman Baum, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following ordinance to authorize
acquisition of permanent easements of right-of-way for Virginia
Beach Boulevard Main - Phase 11-A Project 5-800 by agreement or by
condemnation:
6 / 5 / 7 8
6 -
AN ORDINANCE TO AUTHORIZE ACQOISITION
OF PERMANEN'F EASEMENTS OF RIGHT OF VIAY FOR
VIRGINIA BEACII BOULEVARD MAIN - PHASE II-A
PROJECT 5-800 BY AGREEMENT OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction and installation of this important project to
provide water 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 COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney, Deputy City
Attorney and/'or Assistant City Attorney is hereby authorized
and directed to dcquire by purchase or condemnation pursuant
to Section 15.1-236, et seq., a-@ld Section 33.1-89, et seq.,
Code of Virginia of 1950, as amended, all that ceriain real
property in permanent easements of right-of-way as shown on
the plans entitled "Virginia Beach Boulevard Water Line,
ISections 2-A and 2-B" the plan being on file in the Office of
I
IReal Estate, Department of Public Works, Virginia Beach, Virginia.
Section 2. The City Attorney, Deputy 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, Deputy City Attorney
and/or Assistant City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in full force and effect from
lthe date of its adoption.
Adopted by the Council of the City of Virginih Beach,
Virginia, on the 5th day of June 0 19 7 8
- 7 -
ITEM #12225
On motion by Councilman Baum, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, J6hn @. Griffin, May6r Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend and
reordain Section 7-14 of the Code of the City of Virginia Beach,
relating to bicycles and inspecti.ons thereof:
Requested by: City Manager/Chief of Police
AN ORDINANCE TO AMEND AND RE-ORDAIN
SECTION 7-14 OF THE CODE OF THE CITY
OF VIRGINIA BEACH RELATING TO BICYCLES
AND INSPECTIONS THEREOF
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 7-14(a) be amended by deleting the word (uniformed)
in the first line of paragraph (a).
The paragraph shall read as follows:
A police officer may, at any time upon reasonable cause to
believe that a bicycle is unsafe and not equipped as required by law, whether
the equipment is not in proper adjustment or repair, require the person riding
the bicycle to stop and submit the bicycle to an inspection and such test
with reference thereto as may be appropriate.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach on the5
day of June 1978.
6 / 57 8
- 8 -
ITEM #12226
On motion by Councilman Baum, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve on first reading the following ordinance
to accept grants totaling $125,482 from the Southeastern Tidewater Area
Manpower Authority, and to appropriate these funds:
AN ORDINANCE TO ACCEPT GRANTS
TOTALLING $125,482 FROM THE
SOUTHEASTERN TIDFWATER AREA MANPOWER
AUTIIORITY AND TO APPROPRIATE THESE
FUNDS
WHEREAS, the City wisbes to provide employment for students
during the summer of 1978; and
WHEREAS, the City wishes to provide'recreational programs for
underprivileged youth during the summer of 1978; and
WHERrAS, the Southeastern Tidewater Area Manpower Authority
(STAMA) has approved necessary funding for two (2) Sumer Employment
Pr6grams.
NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF
VIRGINIA BFACH, VIRCINIA:
That the City Manager is hereby authorized to accept the grants
for the City, and funds are hereby appropriated for the following purposes:
Estimated Revenue Total
From Otlier Ag ncies Appropriations
CETA-Title III Summer Employment $110,000 $110,000
CSA-Recreation Support 15,482 15,482
Total $125 482 $125 482
BE IT FURTHER ORDAINED that the appropriations will be financed
100% by federal funds, coming through the Departnierit of Labor and the
Comunity Services Administration, with no local match required.
FIRST READING: --June 5, 1978
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1978. 6j5/78
- 9 -
ITEM #12227
On motion by Councilman Baum, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve on first reading the following ordinance
to accept grants totaling $69,655 from the Division Of Justice and
Crime Prevention and to appropriate these funds:
AN ORDINANCE TO ACCEPT GRANTS TOTALLING
$69,655 FROM THE DIVISION OF JUSTICE AND
CRIME PREVENTION AND TO APPROPRIATE THESE
FUNDS
WHEREAS, the Attorney for the Commonwealth desires to provide for
improved administrative control and direction and -for intensive administrative
suppor@ to the Major Violator Unit, and
WHEREAS, the Department of Police desires to better educate the public
as to their role in crime prevention, and
WHEREAS, application for second year funding have been made for federal
grants to accomplish these objectives and the Division of Justice. and Crime
Prevention (DJCP) has awarded the City grants to continue the Office Manager
Program in the Commonwealth's Attorney's office and to continue the Police/Commun-
ity Relations Program.
NQW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the grants for
the City,, and funds are hereby appropriated for the following purposes:
Estimated Revenue Local Total
From Other Agencies Match
Commonwealth's Attorney
Office Manager $43,372 $2,283 $45,655
Police/Community Relatioris 22,800 1,200 24,000
Total $66,172 $3,483 $69,655
BE IT FURTHER ORDAINED that the appropriations will be financed by
$66,172 estimated revenue from the Division of Justice and Crime Prevention
(DJCP), and a local cash match of $3,483 to be transferred from Unappro priated
Fund Balance.
FIRST READING: June 5, 1978
SECOND READING:
Ad
-10-
ITEM #12228
On motion by Councilman Baum, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen Jobn A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following tax refunds in the
amount of $279.60:
Totalin_- $106.75
TAX TYP TICKET EXO@;r- k- D.1,T -.
'YF-AR OF TAX NMLBER TION NtO. PAID PENALTY It@T. TOTAL
NAME
Willaim E. Reynolds 1978 CD 145283 4-24-78 1.75
@Systems Mamgement Assoc 19.78 CD 72584 1-31-78 15.00
.Mrs. B. E. N@mie Jr 1978 CD 35158 1-24-78 15.00
Ruth F. ')odson 1978 CD 53165. 1-4@78 7.50
William R. Smith Jr. 1978 CD 135821 3-6--78 7.50
Mittie M. Sweeney 1978 CD 18630 1-13-78 7.50
thom4s B. Martin il978 CD 28848 1-16-78 7.5Q
Samuel.R. Thomson 1978 CD 36919 1-27-78 7.50'
.Georg@ Cressman 1978 CD 128848 1-27-78 7.50
Deborah B. Robinson 1978 CD 38148 1-30-78 7.50
Richard A. Herring 1978 CD 128180 1-26-78 7.50-
Ernest J. johnson jr 1978 CD 19257 1-13-78 @7.50
,Larry. E. Twiiie 1978 CD 56461 1-10-78 7.50
The --bove abatement(s) totaling
$106.75 were approved by
the Council of the City of Virginia
Beach an the 5 clay of _ u@n@.
Richard J. Webbon, tity Clerk Approved As to form:
el@c @/,, , /;,@
0 Cit Attorne
AN tL;,iilOl
Date- .5-1.6-78--
UPON APPLICtTIO,',; OF CVRTATtl PERSO,\S
AND UPON CEtITIFICATIO@'.1 01-' TilE Tfu:tSUPIER
FOR PikYIIENT
BE IT ORDAINED BY 'EHE COLNI CIL OF TIIE CITY OF VIRGINIA BEACIL, VIRGIIlIA-.
That the following applications for tax refunds upoa certification of the
Treasurer are hereby approved:
72.85
TAX TYPE TICKET EXONERlk- DATE
NAME YEAR OF TAX IS@,LBER TION NO. PAID P@IALTY INT. TOTAL
jo4n G. Sanders 1978 CD 31455 1-17-78 15.00
1978 CD 38834 1-31-78 15.00
R. D. & J. C. Mikles 1978 CD 3880 1-30-78 15;00
J. Pennington Vaughan 1978 CD 9627 4-11-78 28.60
Marlyn Lemon 1978 CD 112026 1-9-78 15.00
James-L. Croom 1078 CD 148066 4-14-78 1.75
Joh@IW6ndt. 1978 CD 60180' 1-11-78 7-.50
Kenneth R. Henry 1978 CD 3216
1 25-78 7.50
Frederick R. O'Neal 1978 CD 60334 1-11-78 7,50
K.-S.- & P. S. Yerdon 1978 CD 81606 2-16-78 7.50
Helen T. Cherwas 1978 CD 77438 1-31-78'- 7.50
Claude C. Pribble Jr 1978 CD 61710 1-16-78 7.50
John E. S tephan 1978 CD 24764 1-6-78
7.50
'Edward P. Kujawski 1978 CD 115061 1=11-78 7.50
E. A. Martin 1978 CD 26112 1-10-78 7.50
Julian C. Swain Jr 1978 CD 109862 1-4-78 7.50.
Robert E. Abourjilie 1978 CD 66716 1.-19-78 7.50
The above abatement(s) totaling
S172,85 were approved by
the Council of the City of Virginia
Beach on the 5 day of Juge
Approved as to form:
Richard J. Webbon, City Clerk
-.CD@le @im@on City Attor
- 1 2 -
ITEM #12229
Mr. Irvin A. Douglas appeared in opposition
On motion by Councilman Baum, seconded by Council,an McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following ordinance authorizing
conveyance of excess right-of-way in connection with the North
Plaza Trail Road Project:
AN ORDIT@ANCE AUTHORIZING CONVEYANCE OF
EXCESS RIGHT-OF-WAY IN CO@INECTION WITH
THE NORTH PLAZA TRAIL ROAD PROJECT
l@lhereas, the following described property was acquired by the City of
Virginia Beach in connection with the construction of North Plaza Trail Road Project;
and
Whereas, it is the opinion of the City Council that the following described
property is in excess of the needs of 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 dispose of the excess prop-
erty in the best interest of the City and to execute a deed of conveyance thereto,
said property described as follows, tb wit:
All those certain lots, tracts, or parcels of land, lying, being
and situate in the City of Virginia Beach, Virginia and designated
as "0.025 acre, 0.130 acre and 0.034 acre," as shown on that certain
plat entitled "Plat Showing Property of City of Virginia Beach,
Virginia," Lynnhaven Borough, Virginia Beach, Virginia, Scale 1"
= 40', dated September 16, 1977, a copy of which is attached hereto
and to which reference is made for a more particular description.
Adopted by the Council of the City of Virginia Beach, Virginia on the
5 day of June 1978.
61 57 8
- 1 3 -
ITEM #12230
Mr. H. Calvin Spain, Attorney, appeared in opposition to this matter.
On motion by Vice Mayor Standing, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to defer for one week the matter concerning the
granting of a waiver by the Planning Commission for curb, gutter
and sidewalks for the subdivision of W. W. Oliver property located
off Witchduck Road, in the Bayside Borough.
ITEM #12231
Application of E. V. Williams Company, Inc., for a Conditional Use Perinit
to operate a borrow pit on certain property located on the South side of
Indian River Road begiriiiing at ?, point 1259.32 feet West of I'Icmpsvi-,,Ie
Road, runniiig a distance of 494.11 feet along the South side of Indi,.in
Rivei, Road, running a distance of 297.28 feet iii a Soutilerly direction,
running a distance of 600 feet in a Nortiiwes-terly directioil, running a
distance of 629.40 feet in a Southerly directioti, running a dis'arice of
548.70 feet in a Westerly direction, rurining a distance of 165.30 feet in a
Southerly direction, ru-nn4no a distance of 355.10 feet in a Westcrl
y
direction, running a distance of 470.38 feet in a Soutlierly dii,ection,
running a distance of 127.21 fcet in a W(.'sterly dii-ection, running a
distance of 480.24 feet in a Nortli@.iestrrly dir(,ction, runn@ng a dista@ce o@
195.92 feet in a Nortlierly directioll, runr,.ing of 597.60 feet ill
a Westerly direction, running z) distance of 1791.45 fc,,e+ in a Sou@hwes"erly
direction, running a distance of 2820.52 fe(,t in i SoLit@ieasterly direction,
running a distance of 1014.21 fec!t in a Northeaster,ly dir,ection, running a
distance of 391.38 fe(,@, in a Nort@iwc,.sterly directioti, rtinriing a distance ,)'
1019.04 feet in a Nort@ifast(,rly dir,ectioq, i@uiinit-@g a distance of -24.9@
feet in a Southeasterly direction, running a distarice of -1874.75 feet in a
Nortlieasterly directior), running a distanc(? of 818.41 feet in a North-
westerly direction and running a distance of 409.37 fc,.c.,t in a Northe-,Isterly
direction. Said parcel contains 1.85.27@ acr,es. @IP-11PSVI[-LE BOROUG@I.
Planning Commission Recommendation:
A motion.was passed unan-lipously by the Planning Conimission by a recorded
vote of 11 to approve this reqliest.
For the -information of tlie applicant, prior to tlie iiiitiation of the
intended use of the land, the following will be required by the admini-
strative staff:
1. Upon approval by City COLInCil and prior to issuance of an excavation
permit, tlie applicant is to submit to the Department of Public Works
an Erosion and Sediment Control and Tree Protection Plan and a surety
bond in the amount of $500 per acre or part thereof for each acre to be
excavated.
2. The:applicant is to submit to the Departme'nt of Public Works, for
review and approval, all the necessary information as indicated in
-Se6tion 31.2 of the City Code.
1
3. All future developnient must conform with the Subdivision and Site Plan
Or6inances.
4. Compliance with Article 2, Section 228 of the Compref)ensive Zoning
Ordinance pertaining to Extractive Industries.
5. All requirements of the previous conditional use permit granted for
this site will remain applicable, inlcuding the condition that water
service from the private wells of adjacent residents be maintained
iiie ioiiowiiig appuareu iii iavur oi Ltie adove application: 1 4 -
Mr. Joseph Lawler, Attorney, representing applicant
Mr. Earl Cartwright, Newlight Civic League
Mrs. Julie Smith, resident of Brandon Woods
Mr. James S. Cain, property adjacent to borrow pit
Mr. J. S. Cain, property adjacent to borrow pit
The following appeared in opposition to the application:
Mr. John H. Waters, Tallwood Civic League
Mr. Bruce Challen, Acredale section of the City.
On motion by Vice Mayor Standing, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman George R. Ferrell
Absent: None
6 / 57 8
- 1 5 -
City Council voted to adopt the following resolution upon application
of E. V. Williams Company, Inc., for a Conditional Use Permit to operate
a borrow pit:
RESOLUTION UPON APPLICATION OF E. V. WILLIAMS COMPANY, R0678187
INC., FOR A CONDITIONAL USE PERMIT TO operate a borrow
pit.
BE IT RESOLVED BY THE COUNCIL OF THE CTTY OF VTRGINIA BEACH,
that:
Application of E. V. Williams Company, Inc., for a Conditional Use
Permit to operate a borrow pit on certain property located on t@e
South side of Indian River Road beginning at a point 1259.32 feet
West of Kempsville Road, running a distance of 494.11 feet along
the South side of Indian River Road, running a distance of 297.28
feet in a Southerly direction, running a distance of 600 feet in
a Northwesterly direction, running a distance of 629.40 feet in a
Southerly direction, running a distance of 548.70 feet in a Westerly
direction, running a distance of 165.30 feet in a Southerly direction,
running a distance of 355.10 feet in a Westerly direction, running a
distance of 470.38 feet in a Southerly direction, running a distance
of 127.21 feet in a Westerly direction, running a distance of 480.24
feet in a Northwesterly direction, running a distance of 195.92 feet
in a Northerly direction, running a distance of 597.60 feet in a
Westerly direction, running a distance of 1791.45 feet in a South-
westerly direction, running a distance of 2820.52 feet in a South-
easterly direction, running a distance of 1014.21 feet in a North-
easterly direction, running a distance of 391.38 feet in a North-
westerly direction, running a distance of 1019.04 feet in a North-
easterly direction, running a distance of 224.94 feet in a South-
easterly direction, running a distance of 1874.75 feet in a North-
easterly direction, running a distance of 813.41 feet in a North-
westerly direction and running a distance of 409.37 feet in a North-
easterly direction. Said parcel contains 185.272 acres. Kempsville
Borough.
For the information of the applicant, prior to the initiation of the
intended use of the land, the following will be required by the
administrative staff:
1. Upon approval by City Council and prior to
issuance of an excavation permit, the applicant
is to submit to the Department of Public Works
an Erosion and Sediment Control and Tree Pro-
tection Plan and a surety bond in the amount of
$500 per acre or part thereof for each acre to be
excavated.
2. The applicant is to submit to the Department of
Public Works, for review and approval, all the
necessary information as indicated in Section 31.2
of the City Code.
3. All future development must conform with the Sub-
division and Site Plan Ordinances.
4. Compliance with Article 2, Section 228 of the
Comprehensive Zoning Ordinance pertaining to
Extractive Industries.
5. All requirements of the previous conditional use
permit granted for this site will remain applicable,
including the condition that water service from the
private wells of adjacent residents be maintained
within the limits defined in tlie previous conditional
use permit. However, the area to be excavated is to
be limited to 104.26 acres or 2,852,500 cubic yards,
rather than 88.02 acres.
6/5/78
6 / 5 / 7 8
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ITEM #12232
Mr. W. Russell Hatchett appeared in opposition
On motion by Councilman Waterfield, seconded by Councilman Baum,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Mayor Clarence A. Holland, J. Curtis Payne, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: Councilmen J. Henry McCoy, Jr., Councilwoman Meyera E.
Oberndorf, and Roger L. Riggs
Abstain: Councilman John R. Griffin
Absent: None
City Council voted to approve on first reading the following
ordinance to appropriate funds of $160,000 to be received from
the Federal Government for the purchase of Munden Point Park:
AN ORDINANCE TO APPROPRIATE FUNDS OF
$160,000 TO BE RECEIVED FROM THE FEDERAL
GOVERNMENT FOR THE PURCHASE OF MUNDEN
POINT PARK
WHEREAS, the Council of the City of Virginia Beach-on May 15, 1978
authorfized the City r4anager to sign an agreement for the purchase of 100 i-
acres Munden Point for recreational purposes, and
WHEREAS, the purchase price of the property is $365,000, of which
the c- will receive a Federal Grant of $160,000 for acquisition, and, in
addition, funds for development as well as a grant from the Commonwealth for
an access road, and
WHEREAS, the city share of the acquisition cost is $205,000 of which
$4,000 has been utilized for the option which applies to the purchase price
leaving a balance of $201,000, and
WHEREAS, the city portion of the acquisition cost was provided in
the General Improvement Bond Issue - Series 1977, and
WHEREAS, the Federal Grant is on a reimbursement basis which requires
the city to advance funds for the initial cost.
NOW, THEREFORE BE IT BRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That $160,000 be transferred from the General Fund to the 1977
Capital Projects Fund and appropriated for the acquisition of Munden Point
property. The loan is to be repaid to the General Fund when Federal Funds
are received.
FIRST READING:,
June 5 . 1 9 7 8
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
6 57 8
day of 1978.
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ITEM #12233
COUNCILMAN CROMWELL LEFT CHAMBERS
on motion by Councilman Payne, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
In November of 1975, the juvenile detention home building was moved
from the Municipal Center to a site located at the end of Recreation
Drive. The City was advised by representatives of the Department of
the Interior that the use of this property for a juvenile detention
home was a violation of the recreational covenants of the deed for
the property.
The City Manager made a proposal to place the federal recreation
restrictions on a park site located in Eureka Park in exchange
for releasing these restrictions from the one-quarter acre site on
which the juvenile detention home is located.
Therefore, City Council voted to authorize the City Manager to
execute the necessary deed to place the federal recreation re-
strictions on a park site located in Eureka Park in exchange for
releasing the restrictions from the one-quarter acre site on which
the juvenile detention home is located.
6 / 5 / 7 8
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ITEM #12234
Mr. James McKenry, Attorney, appeared before City Council regardin.@
the Water Boggin.
The City Manager stated that the Water Boggin is where "The Loop"
Amusement Park was located, in the Virginia Beach Borough. As a
condition of the use permit the owners of the Water Boggin were
required to reserve, not dedicate, the right-of-way for the second
Rudee Inlet Bridge.
The use permit is for a five-year period and it is not anticipated
that the City will be requesting funds for the bridge during this
five-year period.
Councilman Griffin made a motion, seconded by Councilman Baum, to
permit the condition of the use permit be waived for this five
year period, and, further, when the Water Boggin comes back before
Council for a five-year extension of the use permit, the condition
stated above be reinstated in the use permit. The condition is to
run with the land. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, J. Curtis Payne, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays; Councilman Roger L. Riggs
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to permit the waiver of the condition of the
use permit of the Water Boggin whereby they were required to
reserve the right-of-way for the second Rudee Inlet Bridge for
this five year period; and further voted to reinstate the con-
dition when the owners come back before Council for a five-year
extension of their use permit. The condition is to run with
the land.
ITEM #12235
COUNCILMAN CROMWELL RETURNED TO CIIAMBERS
On motion by Councilman McCoy, seconded by Councilman Waterfield, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to appoint the following to fill the Jail
Physician's term for an interium period during his illness:
Doctor Richard E. Easton
Doctor Frank T. Bishop
6 / 5 / 7 8
City Council voted to refer the request of Mr. Robbins back to the
Planning Commission for their consideration in rezoning the matter
r
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ITEM #12235a
Councilman Riggs stated that people have been sleeping in vans, cars,
etc., on private property and wondered if perhaps there was an ordinance
on the books regarding this.
The City Manager informed Councilman Riggs there was an ordinance
regarding the sleeping in cars, vans, etc., on private property as
it was in violation of the zoning ordinance.
ITEM #12236
Councilman Riggs stated that last weekend a boater was lost in the
fog, and could not find his way back to shore. Councilman Riggs
asked if there was a possibility of placing a fog horn in the
Inlet to aide the boaters?
The City Clerk stated that a fog horn had been placed at the site
several years ago, however, due to complaints from the botel/motel
owners and the citizens in the area, it was removed.
Councilman Cromwell suggested that instead of a fog horn perhaps
lights could be placed in the area.
ITEM #12237
Councilman Riggs asked if there was a possibility of opening up the
feeder lanes between 40th and 50th Streets on Atlantic Avenue this
summer to aide the traffic problem.
The City Manager stated he had held this matter pending notification
from the State Highway Department as to when they plan to widen
Atlantic Avenue, however, he will check into the matter and report
his findings back to Council.
ITEM #12238
Councilman Riggs stated that it has been brought to his attention
that there are several bayfront lots in the Chesapeake Beach area
which are not buildable lots, but are assessed as such, and
asked the City Manager if something couldn't be done about this.
The City Manager stated that when a lot is not buildable the tax
rate is reduced considerably.
ITEM #12239
Councilman Riggs introduced Mr. Robbins, who some years ago owned
some property in the Seatack area that was zoned Multifainily. During
the Comprehensive Zoning Ordinance hearings the property was rezoned
to single-family. He would like to build apartments on the pro-
perty, but cannot due to the zoning change.
The City Manager stated he had written to @Ir. Robbins and informed
him of the procedures for getting the zoning change.
After considerable discussion, Councilman Baum made a motion, seconded
by Councilwoman Oberndorf, to refer the request of Mr. Robbins for a
rezoning of his property back to the Planning Commission for their
consideration in rezoning the matter back to its original zoning; and
further to waive the $200 fee for tbis. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. flenry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Vice Mayor Patrick L. Standing
Nays: Councilmen George R. Ferrell, and Floyd E. Waterfield, Jr.
Absent: None
City Council voted to refer the request of Mr. Robbins back to the
Planning Commission for their consideration in rezoning the matter
back to its original zoning; and further to waive the $200 fee for
this.
6 / 57 8
-2 1 -
ITEM #12240
Councilman Ferrell stated that in the agenda there was a letter from
John Atkinson, City Treasurer, requesting Council initiate the necessary
action to change the due dates of personal property and real estate taxes
from June 1st and December 1st of each year back to June 5th and
December 5th of each year.
Councilman Ferrell requested that this matter be placed on the agenda
for next week, and also to notify Mr. Atkinson that the matter will
be brought up at the next meeting.
ITEM #12241
Mr. Frank Butler appeared before Council to appeal the enforcement
of Section 5.2 of the Site Plan Ordinance and Section 912(c)(2) of
the Comprehensive Zoning Ordinance pertaining to setbacks.
The City is requiring a 35-foot setback from the proposed right-of-
way on Virginia Beach Boulevard, and Mr. Butler feels this is excessive.
After considerable discussion, Councilman Griffin made a motion,
seconded by Councilman Cromwell, to defer this matter for two weeks,
and further requested the City Attorney to supply to Council in-
formation regarding the proposed improvements to Virginia Beach
Boulevard.
ITEM #12242
The City Manager stated that he is required by law to hold a public
hearing on the Revenue Sharing. The advertisement date is June 15,
1 9 7 8.
ITEM #12243
On motion by Councilman Ferrell, seconded by Councilman Riggs, and
by unanimous vote, the meeting adjourned.
Rich@rd J. We on, City Clerk Mayor Clarence A. Holland,-M.-!).
City of Virginia Beach,
Virginia
June 5, 1978
h
6 / 5 / 7 8