NOVEMBER 24, 1980 MINUTES
Cit@ C>f Nrir-wi@i@
"WORLD'S LARGEST RESORT CITY"
CITY COUNCII,
MAYOR]. HENRY M@COY JR., D.D.S.. B...Rb
VICE-14AYOR HAROLD ITEISCHOBER. A, L-g.
JOHN A. BAUM, Bi.@i-.,., B.-gb
P. REID ERVIN, A, L.,,,
BARBARA M. HENL.EY, P..g. B .... gb
CLARENCE A. HOLLAND, M.D., S.yid. B...gb
W. B. KITCHIN, 111. Vigi.i. B-@b S.@.gb
REBA S. AT,CLANAN, P,i.c... A-. B.-Sh
DONALD W. MERRICK, B.-Sh
MEYERA E. OBERNDORF, At L.,g. 222 CrrY HALL BUILDING
PATRICK L. STANDING, At L.,g. MUNICIPAL CENTER
VIRGINIA 13EACH. VIRGINIA 23436
RUTH HODGES SMITH, Ci,Y Cilli (804) 4Z7-4303
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: 5:30 p.m. - November 24, 1980
A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMALIEXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for Discussion by @or
2. Matters for Dicussion by Council
3. Rural Farm Flag Lot Variances: Report
4. Proposed Change in the Green Run Land Use Plan: Discussion
of request from the President of the Franciscus Company for
a change on a parcel located along the northern side of
Lynnhaven Parkway near Rosemont Road.
5. Presentation of the 1981 Legislative Package
ITEM II FORMAL SESSION: 7:00 p.m.
A. INVOCATION: Reverend Robert Moore
Pastor
Francis Asbury United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE U141TED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
ITEM II D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of 17 November 1980
E. PRESENTATION
1. Introduction of Mrs. virginia James and Princess Anne High
School Government Class (evening) students
2. Introduction of Mrs. Betty Hotchkin and Brandon Jr. High
School students - Water Conservation Pledges
3. Presentation - Mr. Robert Goodman, Chairman, Mayor's Clean
Community Commission
4. Presentation - Mrs. Janet Werndli, First Vice-President,
Virginia Beach Council of Garden Clubs
F. RESOLUTIONS
1. Resolution requesting the Virginia General Assembly for re-
apportionment of the City of Virginia Beach in the House of
Delegates and the Senate of virginia.
2. Resolution - Expiditing Zoning Matters
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the City Council and will be enacted by one motion in
the form listed. There will be no separate discussion of these
items. If discussion is desired, that item will be removed from
the Consent Agenda and considered separately.
1. An Ordinance to amend and reordain Section 22-149 of the Code
of the City of Virginia Beach pertaining to removal and dis-
position of vehicles unlawfully parked on private or City
property.
2. Deferred Compensation Plan for city employees - request for
a one week deferral.
3. Appointment of Viewers - Application of Ruth L. Hassell and
Mavin B. Beasley for the closure of a portion of Greenwell
Road, formerly known as Ewell Place (Bayside Borough).
4. Request of the City Treasurer for tax refunds in the amount
of $132.86.
ITEM II H. PLANNING ITEMS
1. New Applications
a. Application of for a change of
zoning from @ f&@ity-@in?gg Digtrirt to L-_l
@nt on a 1.61-acre parcel located on the east
side of Davis Street, north of Virginia Beach Boulevard
(Bayside Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for ova
b. Application of n L.
A. for a
change of goning from ntia to @
MMity-IlliaCss on a 1.023-acre parcel located on
the west side of Centerville Turnpike, south of Kempsville
Road (Kempsville Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning commission for 1.
C. Application of a L= ent =. for
a conditional for an b estab-
t Md @l on a .51-acre parcel located at
the northeast corner of First Colonial Road and Indiana
Avenue (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for va .
d. Application of L. @d for a condi-
tional WA for the construction of a @d
e J" a i = on a .34-acre parcel
located on the south side of Public Landing Road, west of
Back Bay (Pungo Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for val.
e. Application of = ati n for a conditional
g= for a on on a .611-acre
parcel located on the south side of Witchduck Road, between
Aragona Boulevard and Jacqueline Avenue (Bayside Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for oval.
2. Street Closures
a. Application of 1 a a"
A._ n Jr-. Md n for the petition
for the lo@re of a 2f n a@ne (Bayside Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission and the Viewers for
oval.
ITEM II I. ORDINANCES
1. In General
a. An Ordinance establishing a comnlittee of the Council of
the City of Virginia Beach to investigate bidding proce-
dures of the City and the Virginia Beach School Boardl and
authorizing attendance of any person, etc., and authorizing
the City Attorney, on behalf of the Council, to apply for a
subpoena or subpoena duces tecum to the General District
Court.
b. An Ordinance to repeal Section 5.2 of the Site Plan Ordi-
nace of the City of Virginia Beach.
2. City Code Amendments
a. An Ordinance to amend and reordain Section 29-3(b)(1) of
the City Code of the City of Virginia Beach relating to
sewer line fees for single-family residences
b. An Ordinance to amend Section 22-149.3 of the Code of
the City of Virginia Beach relating to tow truck opera-
tions.
c. An Ordinance to amend Section 33-2.1 Subsection (a), (b)
and (c), of the Code of the City of Virginia beach relating
to real estate tax exemptions for the handicapped and the
elderly.
3. Appropriations
a. An Ordinance, on to enter into contracts
totaling $301,452 with the Southeastern Tidewater Area
Manpower Authority to continue the City's CETA Employment
programs, and to appropriate these funds.
b. Low bid of M. M. Rollins, Jr., and Company, in the amount
of $321,505, (revised bid) for the Munden Point Park pro-
ject; and, authorize the City Manager to contract with
this firm for construction of this facility.
J- APPOINTMENTS
1. Transportation Safety Commission
K. UNFINISHED BUSINESS
1. Application for a Certificate of Public Convenience for Yellow
Cabof Norfolk, trading as Brown's Auto Services (deferred until
after November 17, 1980).
ITEM II L. NEW BUSINESS
1. "After the Fact' encroacbment request by Buyrningwood Farms
Nursery, Inc. on behalf of Mr.,Lindauer, (4300 Sandy Bay
Drive).
M. ADJOURNMENT
1. Motion to adjourn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
24 November 1980
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., in the
Conference Room, in the City Hall Building, on Monday, 24 November
1980, at Five Thirty-Eight in the evening.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
ITEM #15898
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
1. Discussion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline or
resignation of public officers, appointees or employees
of any public body. (Personnel Matters).
2. Discussion or consideration of the condition, acquisition,
or use of real property for public purpose, or other disposition
of publicly held property. (Acquisition, use or disposition
of publicly held property).
3. Consultation with legal Counsel and briefing by staff
members, consultants, or attorneys pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body. (Legal Matters).
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Upon motion by Councilman Baum, seconded by Councilman Merrick, City
Council voted to RECESS into EXECUTIVE SESSION following the INFORMAL
SESSION.-
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Yjayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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M A T T E R S B Y T H E M A Y 0 R
ITEM #15899
The Mayor requested information from the City Manager regarding the
water shortage.
The City Manager advised Council that there are approximately 110
days of water remaining; however, he will have to request a report
from the City of Norfolk concerning the status of the reservoirs.
The citizens of Virginia Beach have complied with Council 's request
to conserve water to the point where the City has been substantially
under the allocation given to Virginia Beach by the City of Norfolk,
(15,000,000 gallons per day).
At the present time, the City of Virginia Beach will not receive
any penalties from the City of Norfolk either in the month of October or
the month of November.
The City Manager advised further that the City of Norfolk will have
to impose a penalty on its citizens; however, he does not wish the
penalty to be passed onto the citizens of Virginia Beach. The City
Manager will be bringing an Ordinance to Council in the future
concerning this matter.
ITEM #15900
The Mayor requested information from the City Attorney regarding "Our
Own" newspaper.
The City Attorney advised Council that the case had been continued
by the Judge until December 5, 1980.
M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15901
Councilman Ervin read a letter concerning the recent controversy
in the office of the City Treasurer; and, his request for the
Director of Finance to outline a chronology of events relating
to this matter.
11/24/80
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ITEM #15902
Vice Mayor Heischober advised Council he will be bringing to the FORMAL
SESSION for discussion and vote a Resolution concerning a thirty-four
story hotel which is proposed for construction near the Pavilion.
I N F 0 R M A L S E S S I 0 N
ITEM #15903
The City Manager presented a letter to Council clarifying the proposed
Pavilion Towers and its possible conflict with Naval Air Station Oceana's
flight patterns.
The City Manager advised that factors which stem from the aspect of
hazard to aircraft do not vary from district to district, but vary
instead with distance from the runway. They are, therefore, more
effectively imposed on a City-wide basis, and he offered the following
amendment to the existing Section 202(b) of the City's Zoning Ordinance:
"No structure in any district shall be erected which,
on the basis of height, would constitute a hazard
to air navigation as determined by the Federal
Aviation Administration. Any such structure
determined to be a hazard is prohibited."
The City Manager further proposed that the regulations for each district,
whether height regulations are imposed or not, refer back to Section
202(b) and be governed by its general provision. In this way, there
would be no question that 202(b) would supersede any reference to
height in any other part of the Comprehensive Zoning Ordinance. He
will present these proposed Ordinances for consideration on December 2,
1980, when Council and the Planning Commission will hold a joint
meeting.
The City Manager recommended that City Council authorize him to meet
with representatives of the Federal Aviation Administration, Navy
and the developer so that, with the experts of the FAA, "we can
determine first if a hazard is imminent and, if so, how it can best
be corrected."
A copy of the City Manager's letter will be made a part of these
proceedings.
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ITEM #15904
Councilman Ervin presented to Council a Sample Ballot concerning
the election of the Mayor by the citizens of Virginia Beach.
ITEM #15905
Discussion on the Rural Farm Flag Lot Variances was deferred until
the Council meeting of December 1, 1980.
ITEM #15906
The Planning Director advised Council of a proposed change in the
Green Run Land Use Plan whereby the developer wishes to construct
townhouses on a parcel of property located along the northern side
of Lynnhaven Parkway near Rosemont Road instead of commercial
buildings.
It was noted the townhouses will not have access to Lynnhaven Parkway.
ITEM #15907
The City Manager pre sente d for Co un c il' s disc us s ion tbe prop o se d
1981 Legislative Proposals.
Councilman Standing requested an item be placed in the Legislative
Package regarding unemployment compensation for part-time and summer
employees working in the City of Virginia Beach.
Councilman Merrick advised Council he will be opposed to House Bills
838 and 920:
House Bill #838 - would allow localities to exceed
the current limitations on the tax allowed on
consumers of electric light and power services if
the locality exempts at least the first $25.00 of
the monthly bill.
House Bill #920 - changes the manner in which localities
may impose utility taxes on consumers of electric light
and power or gas utility service. It would limit the tax
rate to no more than 10% of a consumer's monthly residential
bill and at the same time would exempt the first $39.99 of
the bill from the tax.
6-
Councilman Merrick advised Council that if House Bill #986 is passed
by the General Assembly only the owners of small boats will be affected
by this Bill as the owners of larger boats do not register their boats
they have them documented with tbe United States Government.
The City Manager advised Council the City will be submitting fourteen
(14) NEW Legislative Proposals, and one which was omitted that had to
do with the salaries of Council Members.
The City Manager requested direction from Council regarding the
proposed Charter changes to Section 3.09-Advisory Referendum:
Alternative A: Eliminate the requirement that City
Council must call for an Advisory Referendum if a
petition is signed by 25% of the qualified voters in
the last election. Replace this with a requirement
that the Chief Judge of tbe Circuit Court must call
for the Referendum.
Alternative B: Eliminate Section 3.09 from the Charter
altogether. Change the last line of Section 6.05:1 to
refer to Section 3.05(f).
It was the consensus of Council that Alternative A be submitted to
the General Assembly for consideration.
City Council recessed into EXECUTIVE SESSION, (6:50 p.m.)
7-
F 0 R M A L A G E N D A
VIRGINIA BEACE CITY COUNCIL
Virginia Beach, Virginia
24 November 1980
7:15 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend Robert Moore, Pastor
Francis Asbury United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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M I N U T E S
ITEM II-D.1 ITEM #15908
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVE the Minutes of the Regular Meeting of
November 17, 1980, with a CORRECTION:
ITEM #15874 - Adopted by the Council of the City of
Virginia Beach, Virginia, on the severt-eent-it day of
Nevem@er, 1980.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, Ill,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
P R E S E N T A T I 0 N S
ITEM II-E.1 ITEM #15909
Mayor McCoy introduced Mrs. Virginia James and Princess Anne High
School Government Class (evening) students.
ITEM II-E.2 ITEM #15910
Mayor McCoy introduced Mrs. Betty Hotchkin and Brandon Junior High
School students who presented Water Conservation Pledges to Council.
ITEM II-E.3 ITEM #15911
Mr. Robert Goodman, Chairman of the Mayor's Clean Community Commission
advised Council the Commission is beginning a campaign requesting all
Virginia Beach citizens to pledge not to litter:
"I, the undersigned, pledge to participate in the
Virginia Beach Clean Community Program. I pledge
not to throw trash from my car, not to leave trash
on the beach or any public street, and I agree to
urge others to obey the Anti-litter Laws."
ITEM II-E.4 ITEM #15912
R E S 0 L U T I 0 N
WHEREAS, the HANDS Program (Home and Neighborhood Develop-
ment Sponsors) of the City of Virginia Beach Council of Garden Clubs
has recently won a first place award in the State Competition of KEEP
VIRGINIA BEAUTIFUL, INC.; and,
WHEREAS, the state entry was forwarded to the National
Competition where it also won a first place award in the KEEP AMERICA
BEAUTIFUL, INC.'S 1980 National Competition; and,
WHEREAS, Mrs. Janet Werndli, First Vice-President of the
Council and HANDS Chairman, will be accepting the award in New York
City in early December; and,
WHEREAS, the projects performed by the Council of Garden
Clubs, to name a few, have included: dune grass planting, memorial
tr@e planting, Arbor Month, Keep Virginia Beach Beautiful Week, and
Business Awards of Merit.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City of Virginia Beach commends Mrs. Werndli and
all members of the Virginia Beach Council of Garden Clubs for their
outstanding contributions to our City by their donations of time,
energy, and ideas in making our City a beautiful, clean place in
which to live and of which we can be proud.
Given under my hand and seal this Twenty-Fourth day
of November, 1980
J. Henry McCoy, Jr., D.D.S.
Mayor
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council ADOPTED the Resolution and presented same to Mrs. Janet
Werndli, First Vice-President of the Council of Garden Clubs and
HANDS Chairman.
Voting 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
R E S 0 L U T I 0 N S
ITEM II-F.1 ITEM #15913
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober,
City Council voted to ADOPT AS AMENDED the Resolution requesting the
Virginia General Assembly for reapportionment of the City of Virginia
Beach in the House of Delegates and the Senate of Virginia.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 2-
Requested by: Councilmember Oberndorf
At a meeting of the Council of the
City of Virginia Beach held on the
Twenty-Fourth day of November, 1980,
the following Resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, Article II, Section 6 of the Constitution of Virginia
requires that the General Assembly reapportion the Commonwealth in the
year 1981; and,
WHEREAS, the 1980 census clearly establishes the population
of the City of Virginia Beach, Virginia, to be in excess of 260,000; and,
WHEREAS, the Council of the City of Virginia Beach is of the
opinion it should be entitled to representation in the Senate of Virginia
and in the House of Delegates that solely reflect the viewpoint of the
citizens of the City of Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT the General Assembly is hereby requested to evaluate the
population census with the view to increasing the representation of the
City of Virginia Beach in the House of Delegates and the Senate of Virginia
that solely represent the citizens of the City of Virginia Beach in this
body.
BE IT FURTHER RESOLVED that the City Clerk is directed to
transmit a copy of this Resolution to each member of the General Assembly
representing the City of Virginia Beach and to such other members of the
General Assembly as may serve on a committee charged with the responsibilities
of reapportioning under the Constitution of Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Fourth day of November, 1980.
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ITEM II-F.2 ITEM #15914
Upon motion by Councilman Baum, seconded by Vice Mayor Heischober,
City Council voted to ADOPT AS AMENDED the Resolution concerning
the expediting of zoning matters.
all-Gatine-ii-Membera - those Council Members present
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 4-
Requested by: Comcilman John Baum
At a meeting of the Council of the City
of Virginia Beach held in the Cotmcil
Chambers on the Twenty-Fourth day of
November, 1980, the following Resolution
was adopted.
R E S 0 L U T I 0 N
WHEREAS, City Council desires to establish the following policy.
THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
THAT City Council shall not expeditiously hear any zoning matter
unless approved by two-thirds of those Cotmci-I Members present.
This Resolution shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Fourth day of November, 1980
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C 0 N S E N T A G E N D A
ITEM II-G ITEM #15915
Upon motion by Councilman Standing, seconded by Councilwoman McClanan,
City Council voted to ADOPT the CONSENT AGENDA by ONE MOTION.
Vot ing: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 6-
ITEM II-G.1 ITEM #15916
Upon motion by Councilman Standing, seconded by Councilwoman McClanan,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Section 22-149 of the Code of
the City of Virginia Beach pertaining to removal and disposition of
vehicles unlawfully parked on private or City property.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 7-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 22-149 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING TO
REMOVAL AND DISPOSITION OF VEHICLES
UNLAWFULLY PARKED ON PRIVATE OR CITY PROPERTY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 22-149 of the Code of the City of Virginia Beach.
Virginia, is hereby amended to read as follows:
Section 22-149. Removal and disposition of vehicles unlawfully parked
on private or City property.
It shall be lawful for any owner, operator or lessee of any
parking lot or parking area or space therein or part thereof, or of any
other lot or building, including the City, to have any motor or other
vehicle, occupying such lot, area, space or building or part thereof
without the permission of such owner, operator, lessee or authorized
agent of the one having tbe control of such premises removed by towing or
otherwise, to a licensed garage for storage until called for by the
owner or his agent; provided, that notice of such action shall be first
or simultaneously therewith given to at least one of the local law
enforcement officers; provided further, that in the event of such removal
and storage the owner of the vehicle involved shall be chargeable with
and such vehicle may be held for a reasonable charge fot its removal
and storage. In lieu of having such vehicle removed by towing or otherwise,
it shall be lawful for such owner, operator or lessee to cause to have a
duly authorized law enforcement officer issue, on such premises, a summons
to the registered owner of such vehicle. This section shall not apply
to police, fire, or public health vehicles or where a vehicle shall,
because of a wreck or other emergency, be parked or left temporarly
upon the property of another.
-1 8-
-Whenever a motor vehicle, trailer, or semitrailer involved
in an accident is found upon the highways or streets therein and is so
located as to impede the orderly flow of traffic, the police may at no
cost to the owner or operator remove such motor vehicle, trailer or
semitrailer from the highways or streets to some point in the vicinity
where such motor vehicle, trailer or semitrailer will not impede the
flow of traffic.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Fourth day of November, 1980.
-i 9 -
ITEM II-G.2 ITEM #15917
Upon motion by Councilman Standing, seconded by Councilwoman McClanan,
City Council voted to uphold the recommendation of the City Manager and
DEFER ONE WEEK the Deferred Compensation Plan for City Employees.
Voting: 11-0
Council Members Vo@ing Aye:
John A. Bzkum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT TO DEVELOP
AND IMPLEMENT A DEFERRED COMPENSATION
PLAN FOR CITY EMPLOYEES
WHEREAS, City Council is interested in developing and
implementing a Deferred Compensation Plan for City Employees; and,
WHEREAS, Stanley E. Clarke and Associates, Inc., Retirement
Plan Specialists, have offered to assist the City in developing, implementing
and servicing a Deferred Compensation Plan; and,
WHEREAS, the entire cost of this Plan will be paid by those
Employees who wish to participate on a voluntary basis in the Plan with
compensation to be consultant derived from a deduction from any deferrals
at a rate of $2.00 per participant per pay period for the first four (4)
years of the Plan and $1.62 per pay period thereafter; and,
WHEREAS, after the first four (4) years of the Plan,
utilization of the Consultant will be determined on a year-to-year basis.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that the City Manager is hereby authorized to enter into an
agreement under the above conditions with Stanley E. Clarke and Associates,
Inc., to develop, implement and service a Deferred Compensation Plan for
City Employees.
Adopted by the Council of tbe City of Virginia Beach,
Virginia, on tbe day of 1980.
DEFERRED BY CITY COUNCIL: 17 November 1980
DEFERRED BY CITY COUNCIL: 24 November 1980
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ITEM II-G.3 ITEM #15918
Upon motion by Councilman Standing, seconded by Councilwoman McClanan,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the appointment of Viewers in the application of Rutb L. Hassell
and Mavin B. Beasley for the closure of a portion of Greenwell Road,
formerly known as Ewell Place, in the Bayside Borough.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 2-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Ruth L. Hassell and Mavin B. Beasley have given due
and proper notice, in accordance with the Statutes for such cases made
and provided that they will on the Twenty-Fourth day of November, 19-80,
apply to the City Council of the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the below described property and report
in writing to the Council whether, in the opinion of said Viewers, any, and
if any what inconvenience would result from the discontinuance of the
hereinafter described portion of that certain street of variable width,
and has filed such application with said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT C. Oral Lambert
Robert J. Scott
David M. Grochmal
are hereby appointed to view the below described property and report in
writing to the Council on or before 1 19 -1 whether in
their opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating of a portion of that certain street of variable
width located in the City of Virginia Beach, Virginia, and more particularly
described as follows:
Tbat portion of Ewell Place as shown on the Plat entitled Amended
Map Cbesapeake Shores property of Lake Joyce Realty Corporation
said Plat being recorded in Map Book 8 at Page 82 more particularly
described as follows:
BEGINNING to a point on the Western line of Ewell Place where it
intersects the Northern line of Cove Court as shown on said Plat;
thence in a Northern direction along the Western line of Ewell Place
374 feet more or less to a point where said line intersects the
Southern line of Lake Drive; thence in an Eastern direction along
the prolongation of the Southern line of Lake Drive 50 feet to a
point where the Eastern line of Ewell Place intersects the
Southern line of Lake Drive; thence in a Southern direction along
the Eastern line of Ewell Place 374 feet more or less to a point
where said lind intersects the Northern line of Cove Court; thence
in a Western direction along the prolongation of Cove Court 50 feet
to the point of beginning.
2 3-
All the above shown on that certain Plat entitled, "Amended
Map Chesapeake Shores, which Plat is attached bereto and made a part
hereof intended to be recorded with the ordinance closing the
aforedescribed street.
- 2 4-
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS EWELL
PLACE, AS SSHOWN UPON THAT CERTAIN PLAT
ENTITLED, "AMENDED MAP CHESAPEAKE SHORES",
WHICH PLAT IS ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGIIIIA BEACH, VIRGINIA
Your Petitioners, Ruth L. Hassell and Mavin B. Beasley,
respectfully represent as follows:
1 . That pursuant to the provisions of Section 15.1-364 of
the Code of Virginia, 1950, as amended, the Petitioners apply for the
vacating, closing and discontinuance of a portion of that certain street,
which is more specifically described as follows:
That portion of Ewell Place as shown on the Plat entitled Amended
Map Chesapeake Shores property of Lake Joyce Realty Corporation
said Plat being recorded in Map Book 8 at Page 82 mare particularly
described as follows:
BEGINNING to a point on the Western line of Ewell Place where it
intersects the Northern line of Cove Court as shown on said Plat;
thence in a Northern direction along the Western line of Ewell Place
374 feet more or less to a point where said line intersects the
Southern line of Lake Drive; thence in an Eastern direction along
the prolongation of the Southern line of Lake Drive 50 feet to a
point where the Eastern line of Ewell Place intersects the
Southern line of Lake Drive; thence in a Southern direction along
the Eastern line of Ewell Place 374 feet more or less to a point
where said line intersects the Northern line of Cove Court; thence
in a Western direction along the prolongation of Cove Court 50 feet
to the point of beginning.
Said parcel of land being a portion of Ewell Place, as indicated
on that certain Plat entitled, "Amended Map Chesapeake Shores", which Plat
is attached hereto and made a part hereof, and intended to be recorded
with the Ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons by reason
of said closing, vacation and discontinuance of said street; and the
Petitioners pray that this Honorable Council appoint Viewers as provided
by law to view said platted street proposed to be closed and to report in
writing to the Council, on or before the day of
19-, as to whether in the opinion of said Viewers, what inconvenience,
if any, would result from the discontinuance and closing of this portion
11/24/80
2 5-
of said street, as herein reported and described.
-3. That on the Thirty-First day of October, 1980, Notice
of tbe presenting of this Application was posted at the Courthouse of the
Circuit Court of the City of Virgini Beach, Virginia, on the premises to
be closed, and at the City Hall Annex, 19th Street and Arctic Avenue,
Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto,
and a copy of said Notice.
Respectfully submitted,
Isl Wallace B. Smith
Of Counsel
Wallace B. Smith, Esquire
Murphy, Spinks and Benson
3284 Virginia Beach Boulevard
Post Office Box 2195
Virginia Beach, Virginia 23452
- 26-
MURPHY, SPINKS AND BENSON
ATTORNEYS AT LAW
3284 VIRGINIA BEACH BOULEVARD
P.O. BOX 2195
VIRGINIA BEACH, VIRGINIA 23452
TELEPHONE (804) 428-8483
JAMES A. MURPHY, JR.
JAMES E. SPINKS
GARRIT W. BENSON
WALLACE B. SMITH
The Honorable Council
of the City of Virginia Beach
Virginia Beach, Virginia
Attn: Honorable J. Dale Bimson,
City Attorney
RE: Petition of Ruth L. Hassell and Mavin B. Beasley
to Close and vacate a portion of Ewell Place
Gentlemen:
I hereby certify that, based upon an examination of
the official records contained in the Clerk's office of the
Circuit Court of the City of Virginia Beach, Virginia, title
to fee in the hereinafter described property is vested in
your Complaintants, Ruth L. Hassell and Mavin B. Beasley,
upon closure there having been no prior reservation of the
fee in the streets.
That portion of Ewell Place as shown on the
plat entitled Amended Map Chesapeake Shores
property of Lake Joyce Realty Corporation
said plat being recorded in Map Book 8, at
page 82 more particularly described as follows:
BEGINNING at a point on the Western line of Ewell
Place where it intersects the Northern line of
Cove Court as shown on said plat; thence in a
Northern direction along the Western line of Ewell
Place 374 feet more or less to a point where said
line intersects the Southern line of Lake Drive;
thence in an Eastern direction along the prolonga-
tion of the Southern line of Lake Drive -50 feet to
a point where the Eastern line of Ewell Place inter-
sects the Northern line of Cove Place; thence in a
Western direction along the prolongation of Cove
Court 50 feet to the point of beginning.
Sincerely,
Wallace B. Smith
WBS:dah
2 7-
ITEM II-G.4 ITEM #15919
Upon motion by Councilman Standing, seconded by Councilwoman McClanan,
City Council voted to uphold the recommendation of the City Manager and
APPROVE tax refunds in the amount of $132.86.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
NO. C.A. 7 11/12/80 EMC
2 8-
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Da!" Penalty lnt. Total
Year of Tax Number tion No. p aid
le, Bruce D. 79 pp 18398 10/2/79 20.00
le, Bruce D. 79 pp 18399 10/2/79 36.00
le, Bruce D. 79 pp 18400 10/2/79 12.00
le, Bruce D. 79 pp 18404 10/2/79 36.00
le, Bruce D. 80 pp 22707 6/5/80 10.36
le, Bruce D. 80 pp 22712 6/5/80 3.70
le, Bruce D. 80 pp Z2713 6/5/80 3.70
lo Bruce D. 80 pp 22714 6/5/80 11.10
Total 132.86
r@'OV 14 1980
@,F LAW
This ordinance shall be effective fror6 date of adoption.
The above abatement(s) totaling c men@
$ 1 3 2 . 8 6 We're approved by
the Council of the City of Virginia
Beach on the 2 4 day of N o ve mb e r
Joh@T. Atkinron, Treas-6rer
Approved as t form:
Ruth Hodges Smith
City Clerk
ii Dale Bimson, City Atto
- 2 9-
P L A N N I N G A G E N D A
ITEM II-H.l.a TTEM #15920
Mr. Walter Monahan appeared in behalf of the applicant.
Upon motion by Councilman Holland, seconded by Councilwoman Oberudorf,
City Council voted to uphold the recommendation of CONCORDIA ENTERPRISES,
LTD., for a Change of Zoning District Classification, as per the following,
subj ect to the conditions out l ine d in the C ity Manager's let ter
AN ORDINANCE UPON APPLICATION OF CONCORDIA Z01180531
ENTERPRISES, LTD. , FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM B-2 COMMUNITY
BUSINESS DISTRICT TO A-1 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Concordia Enterprises, Ltd., for a
Change of Zoning District Classification from B-2 Community-
Business District to A-1 Apartment District on certain property
located on the East side of Davis Street, beginning at a point
1235.6 feet North of Virginia Beach Boulevard, running a distance
of 160.41 feet along the East side of Davis Street, running a
distance of 343.55 feet along the Northern property line, running
a distance of 263 feet along the Eastern property line and running
a'distance of 345.3 feet along the Southern property line. Said
parcel contains 1.61 acres. BAYSIDE BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard inprovements as required by the Site Plan Ordinance
and Subdivision Ordinance.
2. City water and sewer.
3. Additional downstream drainage easement s and improvements are
required.
4. A minimm of 24-foot palvement section is to be constructed
along this site's frontage on Davis Street.
5. Dedication of a 50-foot right-of-way on Davis Street beyond
this parcel.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Fourth day of November, 1980.
3 0
Vot ing 11 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin*, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
COUNCILMAN ERVIN VOICED A VERBAL "AYE".
- 3 1-
ITEM II-H.l.b ITEM #15921
Mr. Vernon Marshall appeared in behalf of his application
Upon motion by Councilwoman Oberndorf, seconded by Councilman Merrick,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of VERNON L. AND HARRIET A. MARSHALL
for a Change of Zoning District Classification, as per the following:
An Ordinance upon application of Vernon L. and Harriet A. Marshall
for a Change of Zoning District Classification from R-8 Residential
District to B-2 Commtmity Business District on certain property lo-
cated on the West side of Centerville Turnpike beginning at a point
503.72 feet South of Kempsville Road, running a distance of 207 feet
along the West side of Centerville Turnpike, rtmning a distance of
113.03 feet along the Southern property line, running a distance of
230 feet rwre or less in a Northwesterly direction, running a distance
of 199.01 feet in a Northeasterly direction and running a distance of
114.47 feet in a Southeasterly direction. Said parcel contains 1.023
acres. KEMPSVILLE BOROUGH.
Vot ing: 8-3
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
Vice Mayor Harold Heischober, Reba S. McClanan, and Patrick
L. Standing
Council Members Absent:
None
3 2-
ITEM II-H.l.c ITEM #15922
Richard McCuiston appeared in behalf of the applicant
Upon motion by Councilman Standing, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of OCEANA VOLUNTEER FIRE DEPARTMENT, INC.,
for a Conditional Use Permit, as per the following, subject to the
conditions outlined in the City Manager's letter:
AN ORDINANCE UPON APPLICATION OF OCEANA R01180348
VOLUNTEER FTRE DEPARTMENT, INC., FOR A
CONDITIONA,L USE PERMIT FOR AN AUTOMOBILE
REPAIR ESTABLISHMENT AND A-1 TOWING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Oceana Volunteer Fire Department, Inc.,
for a Conditional Use Permit for an automobile repair establishment
and A-1 Towing on certain property located at the Northeast corner of
First Colonial Road and Indiana Avenue, running a distance of 120 feet
more or less along the East side of First Colonial Road, running a
distance of 260 feet more or less along the Northern property line,
running a distance of 60 feet in a Southerly direction, running a
distance of 81.75 feet in a Westerly direction, rtmning a distance
of 60 feet in a Southerly direction and running a distance of 190
feet more or less along the North side of Indiana Avenue. Said parcel
contains .51 acre. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions 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. All repair work is to be performed within the building.
4. A 5-foot dedication along Indiana Avenue.
5. A 5-foot dedication along First Colonial Road
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fourth day of November, 1980
3 3--
Vot ing: 9- 2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
Reba S. McClanan, and Donald W. Merrick
Council Members Absent:
None
- 34 -
ITEM II-H.I.d ITEM #15923
Mr. Robert L. Garrison appeared in behalf of his application
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of ROBERT L. AND EDNA C.
GARRISON for a Conditional Use Permit, as per the following, subject
to the conditions outlined in the City Manager's letter:
AN ORDINANCE UPON APPLICATION OF ROBERT L. R01180349
AND EDNA C. GARRISON FOR A CONDITIONAL USE
PERMIT FOR THE CONSTRUCTION OF A GARAGE AND
STORAGE BUILDING FOR RECREATIONAL USE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Robert L. and Edna C. Garrison for a
Conditional Use Permit for the construction of a garage and storage
building for recreational use on certain property located on the
South side of Public Landing Road beginning at a point 445 feet
West of Back Bay, running a distance of 100 feet along the South
side of Public Landing Road, running a distance of 157.2 feet along
the Western property line, rtmning a distance of 90 feet along the
Southern property line and running a 'distance of 157.2 feet along
the Eastern property line. Said parcel contains .34 acre. PUNGO
BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. This site is not approved for onsite sewage disposal or
occupancy.
3. A 10-foot dedication along Public Landing Road.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fourth day of November, 1980
3 5-
Vo tin g: 1 1 -0
Council Members Voting Aye:
Jobn A. Baum, F 'Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 36-
ITEM II-:H.l.e ITEM #15924
Mr. Lyle Tatro appeared in bebalf of tbe applicant
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of THE SOUTHLAND CORPORATION
for a Conditional Use Permit, as per the following, subject to the
conditions outlined in the City Manager's letter:
AN ORDINANCE UPON APPLICATION OF THE SOUTHLAND R01180351
CORPORATION FOR A CONDITIONAL USE PERMIT FOR A
GASOLINE SERVICE STATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of The Southland Corporation for a
Conditional Use Permit for a gasoline service station on certain
property located on the Southwest corner of Witchduck Road and
Aragona Boulevard, running a distance of 116.92 feet along the
West side of Aragona Boulevard, running a distance of 200.20 feet
along the Southern property line, running a distance of 116.90 feet
along the Western property line and running a distance of 190.18
feet more or less along the South side of Witchduck Road. Said
parcel contains .611 acre. BAYSIDE BOROUGE.
Approval is subject to the following provisions 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. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
4. One curb cut with a maximum width of 35 feet is to be
allowed on both Aragona Boulevard and Jacqueline Avenue.
5. Two curb cuts are to be allowed on Witchduck Road provided
each is a maximum of 24 feet in width and marked appropriately
for in-only and out-only traffic.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the -Twenty-Fourth day of November, 1980.
3 7-
Vot ing 11 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence-A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 8-
S T R E E T C L 0 S U R E S
ITEM II-.H.2.a ITEM #15925
Attorney Peter Holland appeared in behalf of the applicant.
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the request of John C. Hill, Jr., Pearl Jean
Hill, William H. Jennings, Jr., and Evelyn S. Jennings for the
closure of a portion of Twain Lane, in the Bayside Borough, subject
to the following conditions:
1. The dedication of a utility easement over the
facilities located within the area proposed
for closure or some acceptable alternative
arrangement as to their final disposition.
2. The dedication of a private utility easement
for the VEPCO facilities located within the
subject closure.
3. The applicant shall remove or cover the existing
pavement and curb and gutter within the proposed
closure in order to create a landscaped green area.
Curbing and sidewalk shall be extended across the
frontage of the area to be closed so as to tie in
with the adjoining right-of-way improvements. The
improvements shall meet minimum City standards and
be installed at the expense of the applicant.
Vot ing: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, II1,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing*
Council Members Voting Nay:
None
Council Members Absent:
None
COUNCILMAN STANDING VOICED A VERBAL "AYE".
3 9-
On motion made by Councilman Standing, seconded by
Councilman Holland, and by unanimous vote, the following Ordinance was
adopted:
ORDINANCE NO.
AN ORDINANCE CLOSING, VACATING, AND DISCONTINUING
THE WESTERN TERMINUS OF TWAINE LAND DIVIDING LOT
ONE (1), BLOCK N, SECTION FIVE (5) AND LOT ONE
(1), BLOCK 0, SECTION FOUR (4), LAKE SMITH
TERRACE, VIRGINIA BEACH, VIRGINIA
--------------------------------------------------------------
WHEREAS, proper notice that John C. Hill, Jr., and Pearl Jean
Hill and William H. Jennings, Jr., and Evelyn S. Jennings would make
application to the City Council of the City of Virginia Beach on
1 1980, to have the hereinafter described portion
of street closed, vacated and discontinued as a public street of the City
of Virginia Beach, was duly posted at the Courthouse of the Circuit Court
of the City of Virginia Beach, Virginia, at at two public places in the
City of Virginia Beacb, Virginia, on the Twenty-Fifth day of September,
1980; and,
WHEREAS, said application was made to the Council and pursuant
to the Statutes in such cases made and provided the Council on October 13,
1980, appointed C. Oral Lambert, David M. Grochmal, and Robert J. Scott,
as Viewers to view said street sought to be closed, vacated and discontinued
and to report, in writing, whether in their opinion, any, and if any, what
inconvenience would result from discontinuing the same, and said Viewers
have made said report to the Council by their letter dated
1980; and,
WHEREAS, the land proprietors affected thereby, along said
portion of street proposed to be closed, vacated and discontinued are
the only adjoining land owners on said portion of street and consequently
the only persons affected by said closure; and,
WHEREAS, the City Planning Commission has recommended this
- 40-
date that said portion of street be closed, vacated and discontinued;
and,
WHEREAS, it is the judgment of the Council that the said
portion of street should be closed, vacated and discontinued; now,
therefore
BE IT ORDAINED by the Council of the City of Virginia Beach:
Section 1: - That the Western terminus of Twaine Lane
dividing Lot One (1), Block N, Section Five (5) and
Lot One (1), Block 0, Section Four (4), Lake Smith
Terrace, Virginia Beach, Virginia, as shown on the Plat
entitled "Plat showing Western end Twaine Lane in Lake
Smith Terrace, Sections Four (4) and Five (5) proposed
to be closed, Virginia Beach, Virginia, for John C. Hill,
Jr., and William H. Jennings, Jr., Scale 1" = 50', 9-3-80,
Alton M. Butler, Land Surveyor, P.C." is hereby closed,
vacated and discontinued as a public street of the City
of Virginia Beach, Virginia, and is not being needed for
public use and travel.
Section 2: - That this Ordinance shall be in effect from and
after thirty (30) days from the date of its adoption.
Section 3: - A certified copy of this Ordinance and attached
Plat shall be recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach. Virginia, indexed in the
name of the City of Virginia Beach as Grantors and John C.
Hill, Jr., and Pearl Jean Hill and William B. Hennings, Jr.,
and Evelyn S. Jennings as Grantees.
Adopted by the Council of the City of Virginia Beacb, Virginia,
on tbe Twenty-Fourth day of November, 1980
41-
ORDINANCE APPOINTING VIEWERS
WHEREAS, JOHN C. HILL, JR., and PEARL JEAN HILL and WILLLAM
H. JENNINGS, JR., and EVELYN S. JENNINGS have given due and proper notice,
they being tbe only adjoining landowners on said portion of street and
the only persons affected by said closure, in accordance witb the statutes
for such cases made and provided, that they would on this day apply to the
Council of the City of Virginia Beach, Virginia, for the appointment of
Viewers to view tbe below described property and report, in writing, to
the Council whether, in the opinion of the said Viewers, any, and if any,
what inconvenience would result from the discontinuing of said portion of
street, and have filed such application with the said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That C. Oral Lambert
David M. Grochmal
Robert J. Scott be, and
they are hereby appointed to view the below described property and report,
in writing, to the Council on or before tbe Twenty-Fourth day of November,
1980, whether, in their opinion, any, and if any, what inconvenience would
result from the discontinuing, closing and vacating of the hereinafter
described street, to-wit:
The Western terminus of Twain Lane dividing Lot One
(1), Block N, Section Five (5) and Lot (1), Block 0,
Section Four (4), Lake Smitb Terrace, Virginia Beach,
Virginia, as shown on the Plat entitled "Plat showing
Western end Twain Lane, in Lake Smith Terrace, Sections
Four (4) and Five (5), proposed to be closed, Virginia
Beach, Virginia, for John C. Hill, Jr., and William H.
Jennings, Jr., Scale 1" = 50', 9-3-80, Alton M. Butler,
Land Surveyor, P.C."
Adopted by the Council of the City of Virginia Beach, on
Dated:
- 4 2-
CERTIFICATE OF VESTING TITLE
I. J. PETER HOLLAND, III, Attorney for JOHN C. HILL, JR.,
and PEARL JEAN HILL and WILLIAM H. JENNINGS, JR., and EVELYN J. JENNINGS
do hereby certify that:
1. I am an Attorney at Law and represent the above named
individuals, the Petitioners.
2. If the property described below is discontinued, closed
and vacated by the Council of tbe City of Virginia Beach, Virginia, then
title to said property will vest in John C. Hill, Jr., and Pearl Jean Hill,
husband and wife, and William J. Hennings, Jr., and Evelyn S. Jennings,
husband and wife, the adjacent landowners; in
the holder of the underlying fee
in said property; in
the assignee of
the adjacent
property owner or holder of the underlying fee in said property.
The said property referred to herein is hereby described a,
fo l lows:
The Western terminus of Twaine Lane dividing Lot One (1),
Block N, Section Five (5) and Lot One, Block 0, Section
Four (4). Lake Smith Terrace, Virginia Beacb, Virginia.
/S/ J. Peter Holland, III
J. PETER HOLLAND, III
- 4 3-
0 R D I N A N C E S G E N E R A L
ITEM 1I-I.l.a ITEM #15926
Upon motion by Councilman Standing, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the City Manager
and ADOPT AS AMENDED the Ordinance establishing a committee of the
Council of the City of Virginia Beach to study and investigate bidding
procedures of the City and the Virginia Beach School Board; and,
authorize attendance of any person, etc., and authorize the City
Attorney on behalf of the Coun,cil to apply for a subpoena or subpoena
duces tecum to the General District Court.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, II1,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-44-
Requested by: Mayor J. Henry McCoy, Jr.
AN ORDINANCE ESTABLISHING A COMMITTEE
OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH TO STUDY AND INVESTIGATE BIDDING
PROCEDURES OF THE CITY AND OF THE VIRGINIA
BEACH SCHOOL BOARD: AND AUTHORIZING
ATTENDANCE OF ANY PERSON, ETC., AND AUTHORIZING
THE CITY ATTORNEY, ON BEHALF OF THE COUNCIL TO
APPLY FOR A SUBPEONA OR SUBPEONA DUCES TECUM TO
THE GENERAL DISTRICT COURT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
THAT the Mayor and the City Attorney are hereby appointed a
committee of City Council to study and investigate the bidding procedure
of the City of Virginia Beach and the City of Virginia Beach School Board.
The Committee is hereby authorized to order the attendence
of any person as a witness and the production by any person of all
relevant books, papers and records of any kind. If any person refuses
to appear and testify or refuses to produce books, papers or records
as ordered, then the City Attorney may, on behalf of the Council and
the School Board, apply to the General District Court for a subpeona or
a subpeona duces tecum.
NOTE: See 3.10 of the Charter of the City of
Virginia Beach, Virginia (Acts 1979,
Chapter 222, Section 1)
ADOPTED ON: Twenty-Fourth day of November, 1980
- 4 5-
ITEM II-I.l.b ITEM #15927
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to repeal Section 5.2 of the Site Plan
Ordinance of the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-46-
AN ORDINANCE TO REPEAL SECTION
5.2 OF THE SITE PLAN ORDINANCE
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 5.2 of the Site Plan Ordinance (Ordinance
number 486) of the Cit-y of Virginia Beach, Virginia is hereby repealed.
This ordinance shall be6ome effective upon date of
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24 day of November 1980.
JDB: er
4-22-80
APPROVE@D AS To CONTENT
T
11/24/80
- 4 7-
C I T Y C 0 D E A M E N D M E N T S
ITEM II-I.2.a ITEM #15928
Upon motion by Councilman Standing, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinances to amend and reordain Section 29-3(b)(1) and
Section37-29(b)(1) of the Code of the City of Virginia Beach relating
to water and sewer line fees for single-family residences.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
4 8-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-29(b)(1) OF THE CODE OF
THE CITY OF VIRGINIA BEACH, RELATING
TO WATER LINE FEES FOR SINGLE-FAMILY
RESIDENCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 37-29(b)(1) of the Code of the City of Virginia
Beach, Virginia, is hereby amended to read as follows:
Section 37-29. Connection and installation fees.
(b) Property owners' share of system installation, where
connection is made to a line or pumping station being a part of the
system within the City installed or purchased by the City (line fee):
(1) Single-family residences:
For the first 100 feet frontage of
parcel or portion thereof . . . . . $500.00
For each foot of frontage in excess
of 100, per foot . . . . . . . . . $ 5.00
In cases where the front footage is 1.5 or more times greater
than the rear yard footage, the front footage for the purposes of this
Subsection shall be determined by adding the front and rear yard lengths
and dividing that sum by two. Whenever a water line is located on two (2)
sides of a parcel, the shorter side shall be the one upon which the
determination of front footage shall be calculated. Whenever a water
line is located on only one side of a parcel, that side shall be used
for the purpose of front footage.
- 4 9-
For the purposes of line fees only, single-family residences
with detached-apartment units shall be charged in accordance with the
fees set forth in Subsection (2.1) below.
This Ordinance shall be effective on and after the date of
its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Fourth day of November. 1980.
50 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 29-3(B)(1) OF THE CODE OF
THE CITY OF VIRGINIA BEACH, RELATING
TO SEWER LINE FEES FOR SINGLE-FAMILY
RESIDENCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 29-3(B)(1) of tbe Code of the City of Virginia
Beach, Virginia, is hereby amended to read as follows:
Section 29-3. Fees generally.
(B) Property owners' share of system installation where
connection is made to the public sewer system (line fee):
(1) Single-family residences:
For the first 100 f eet f ronta ge of
parcel or portion tbereof . . . . . . $780.00
For each foot of frontage in excess of
100 feet, per foot . . . . . . . . . . $ 10.00
In cases where the front footage is 1.5 or more times greater
than the rear yard footage, the front footage for the purposes of tbis
Subsection shall be determined by adding the front and rear yard footage,
the front footage for the purposes of this Subsection shall be determined
by adding the front and rear yard lengtbs and dividing that sum by two.
Whenever a sewer line is located on two (2) sides of a parcel, the
shorter side sball be the one upon which the determination of front
footage shall be calculated. Wbenever a sewer line is located on only
one side of a parcel, that side shall be used for the purpose of front
footage.
In cases where tbere are frontages or residences zoned for
agricultural use which are larger than the minimum footage requirement
for residential property, the Director of the Department of Public
Utilities may authorize line fees to be computed based on the minimum
front footage for residential property for each dwelling unit on the property.
- 51-
In cases where there are frontages on residences zoned
residential use but actually used for agricultural, horticultural,
forest, or open space and are currently classified and taxed for such
use by the Real Estate Assessor, the Director of the Department of
Public Utilities may authorize line fees to be computed based on the
minimum front footage for residential property for each dwelling unit on
the property, provided that in either of the aforementioned cases owners
of such property sign an agreement, to be recorded against the property,
that at the time the property is furtber developed, subdivided, changes
title, or experiences a change in tax classification, full fees will
become due and payable. The rates applicable will be those prevailing
at the time the changes to tbe property takes place, and will be based
on the land use type whicb will be in effect after tbe change.
For the pdrposes of line fees only, single-family residences
with detached-apartment units shall be charged in accordance with the fees
set forth in Subsection (2.1) below.
This Ordinance shall be effective on and after date of its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Fourth day of November, 1980
- 52-
ITEM II-I.2.b ITEM# 15929
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to amend Section 22-149.3 of the Code of the
City of Virginia Beach relating to Tow Truck Operations.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 53-
AN ORDINANCE TO AMEND SECTION 22-149.3
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, RELATING TO TOW TRUCK
OPERATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 22-149.3 of the Code of the City of Virginia
Beach, Virginia, is hereby amended to read as follows:
Section 22-149.3. Same - Enforcement of private parking by
towing.
(A) Each owner of private property having parking facilities
accessible to the public, and offering parking to its customers, clientele,
residents, lessees, or guests, who intends to enforce parkirig restrictions
by the use of tow truck service shall post, at each point of ingress and
egress to the parking area, clearly legible signs containing the following
wording:
PRIVATE PARKING
NAME OF BUSINESS, APARTMENT, CONDOMINIUM, MOTEL,
HOTEL, OFFICE BUILDING, OR ORGANIZATION
(whichever is applicable)
RESIDENTS/CUSTOMERS/CLIENTELE/ LESSEES/ GUESTS ONLY
TOWING ENFORCED
Unauthorized cars towed at owner's expense
$25.00 day, $35.00 night. Call 911 for
location and information concerning return
of car if towed.
The sign shall be at least 36" in width and 30" in height.
Lettering for the top three lines shall be at least 3" in height and for
all other lines, at least 11/2" in height. The face of the sign shall
be composed of high intensity reflectorized sheeting or like material.
The name of the business may be on a separate sign, but must be adjacent
to the primary sign containing the information required by this Article.
- 54-
(B) The provisions of Subsection (A) above shall be applicable
to parking facilities of apartment houses, condominiums and nonprofit
organizations.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Fourth day of November, 1980.
- 5 5-
ITEM ii-I.2.c ITEM #15930
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend Section 33-2.1 Subsection (a), (b), and (c),
of the Code of the City of Virginia Beach relating to Real Estate Tax
Exemptions for the Handicapped and the Elderly.
Voting 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. YicClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
5 6-
Requested by City Manager
AN ORDINANCE TO AMEND SECTION 33-2.1
SUBSECTION (a), (b), AND (c), OF THE
CODE OF THE CITY OF VIRGINIA BEACH
RELATING TO REAL ESTATE TAX EXEMPTIONS
FOR THE HANDICAPPED AND THE ELDERLY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 33-2.1 Subsections (a), (b), and (c) of the
Code of the City of Virginia Beach are amended and reordained as follows:
Section 33-2.1. Real estate tax exemption for certain elderly
and handicapped persons.
(a) Real estate tax exemption is provided for qualified
property owners, who are not less than sixty-five (65) of a e or
who are determined to be permanently and totally disabled as provided in
Subsection (g) of this Section or who jointly hold land with a spouse
who is permanently and totally disabled and who are eligible according
to other terms of this Section. Persons qualifying for tax exemption
are deemed to be bearing an extraordinary real estate tax burden in relation
to their income and financial worth.
(b) The exemption shall be administered by the City Manager
or bis authorized delegate, herein referred to as "administrator", according
to the general provisions contained in this Section. The administrator is
hereby authorized and empowered to prescribe, adopt and enforce rules and
regulations, including the requirement of answers under oath, as may be
reasonably necessary to determine qualifications for exemption. The
administrator may require tbe production of certified tax returns,
appraisal report, and other certifications to establish income, financial
worth, or disability.
(c) Exemption shall be granted to persons subject to the
following provisions:
(1) The title to the property for which exemption is
claimed is held, or partially held, on June 30tb immediately
5 7-
preceding the taxable year by the person or persons claiming exemption.
(2) The head of the household occupying the dwelling and
owning title or partial title thereto or either spouse in a dwelling
jointly held by a husband and wife is sixty-five (65) years of age or
older on June 30th of the year immediately preceding the taxable year.
If such person is under sixty-five (65) years of age, he or she shall
possess a certification by the Social Security Administration, the
Veterans Administration, or the Railroad Retirement Board, of if such
person is not eligible for certification by any of these Agencies, a sworn
affidavit by two (2) medical doctors licensed to practice medicine in the
Commonwealth, to tbe effect that such person is permanently and totally
disabled, as defined in Subsection (g). The affidavit of at least one
of such doctors shall be based upon a physical examination of such person
by such doctor. The affidavit of one of such doctors may be based upon
medical information contained in the records of the Civil Service
Commission which is relevant to the standards for determining permanent
and total disability as defined in Subsection (g). Such medical affidavits
shall be filed not later than August 15th, but after the fifteentb day of
April of each year. Such dwelling must be occupied as the sole dwelling of
the person or personSS claiming exemption.
(3) No applicant shall be entitled to exemption who has not
been a resident of the City for two (2) years immediately preceding the
request for exemption.
(4) That the total combined income during the immediately
preceding calendar year from all sources of the owners of the dwelling
living tberein and of the owner's relatives living in the dwelling does
5 8-
not exceed Eleven Thousand
Dollars ($11,000.00), provided that the first two thousand dollars ($2,000.00)
of income of each relative, other than spouse, of the owner, or owners, who
is living in tbe dwelling shall not be included in such total.
(5) That tbe net combined financial worth of the owner as
of December 31st of the year immediately preceding the taxable year shall
be determined by the administrator to be an amount not to exceed Thirty-Five
Thousand Dollars ($35,000.00).
This Ordinance shall be in full force and effect on July 1, 1981.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Fourth day of November, 1980.
5 9-
A P P R 0 P R I A T I 0 N S F I R S T R E A D I N G S
ITEM II-I.3.a ITEM #15931
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance on FIRST READING to enter into contracts totaling
$301,452 with the southeastern Tidewater Area Manpower Authority to
continue the City's CETA Employment Programs, and to appropriate these
funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 60 -
AN ORDINANCE TO ENTER INTO CONTRACTS
TOTALING $301,452 WITH THE SOUTHEASTERN
TIDEWATER AREA MANPOWER AUTHORITY TO
CONTINUE THE CITY'S CETA EMPLOYMENT PROGRAMS,
AND TO APPROPRIATE THESE FUNDS
WHEREAS, the City wishes to continue its Title II and Title
IV Employment Programs under tbe Comprehensive Employment and Training
Act of 1973 (CETA) ; and,
WHEREAS, the Southeastern Tidewater Area Manpower Authority
(STAMA) has issued new contracts to continue funding the City's Programs
with funds from the U. S. Department of Labor (DOL).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager hereby be authorized to enter into
contracts with STAMA to continue the CETA Employment Programs as follows:
Estimated Revenue Total
From Other Agencies Appropriations
Administration $ 18,791 $ 18,791
CETA - Title IID 20 7, 1 70 20 7, 1 70
CETA - Title VI 7 5, 4 91 7 5, 4 91
Total $ 301,452 $ 301,452
That the appropriations be financed 100% by federal funds from
DOL thru STAMA, with no local match required; and,
That a total of three personnel positions for Administration,
two hundred seventy personnel positions for CETA - Title II, and fifty-uine
personnel positions for CETA - Title IV, be authorized for the duration of the
Grants, to bepaid from the Grants, with classes of employees to be determined
by the City Manager.
FIRST READING: November 24, 1980
SECOND READING:
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1980.
-61 -
L 0 W B I D S
ITEM TI-I.3.b ITEM #15932
Upon motion by Councilwoman Henley, seconded by Councilman Holland, CitY
Council voted to uphold the recommendation of the City Manager and ACCEPT
the REVISED bid submitted by M. M. Rollins, Jr., and Company, in the
amount of $321,505.00 for the Munden Point Park; AND, authorized the
City Manager to enter into the necessary agreements for construction
of this facility. Funds are available for this project.
Voting: 9- 2
Council Members Voting Aye;
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III
Reba S. McClanan, Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
Mayor J. Henry McCoy, Jr., and Donald W. Merrick
Council Members Absent:
None
6 2-
A P P 0 I N T M E N T S
ITEM II-J.1 ITEM #15933
Consideration of appointments to the TRANSPORTATION SAFETY COMMISSION
was deferred.
U N F I N I S H E D B U S I N E S S
ITEM II-K.1 ITEM #15934
COUNCILMAN STANDING LEFT MEETING AT 8:00 p.m.
Mayor McCoy advised Council of a letter from Robert L. Simpson, Jr.,
Attorney, for Yellow Cab, Inc., trading as Browns Auto, requesting
withdrawal of the request for a Certificate of Public Convenience.
Attorney Nathaniel Cohen appeared requesting the matter be deferred.
Mr. Robert White, Celebrity Limousines, requested deferral
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to DEFER INDEFINITELY (until the pending litigation
is clarified), the application of Yellow Cab of Norfolk, trading as
Browns Auto Services for a Certificate of Public Convenience.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E.
Oberndorf
Council Members Voting Nay.
Reba S. McClanan
Council Members Absent:
Patrick L. Standing
- 6 3-
N E W B U S I N E S S
ITEM II-L.1 ITEM #15935
Mr. William Ridgewell, President of the Buyrningwood Farms Nursery,
Inc., appeared requesting an "After the Fact"
Captain Gordon Larson, former President, Baylake Pines Civic League,
appeared in favor.
Mr. J. Allen Lindauer appeared in behalf of his application
Mr. Horrace R. Lewis, President of the Baylake Pines Civic League,
appeared in opposition.
Mr. Al Maynard, Trustee of Baylake Pines Properties and resident
on Sandy Bay Drive, appeared in opposition.
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Department of Public
Works, as transmitted by the City Manager, and DENY the request of
M@. J. Allen Lindauer for an "After the Fact" Encroachment within the
public right-of-way fronting his home (4300 Sandy Bay Drive), for the
following:
1. The installer ignored the "stop work" directive
of the authorized inspections personnel.
2. The sprinkler system's presence in the right-of-way
effectively precludes its use by the City for pave-
ment maintenance or expansion, utility installation
or maintenance, and any related activity.
3. This encroachment renders the right-of-way unsuitable
for parking, which is at a premium in this neighborhood,
meaning that the denial of the use of the right-of-way
to the public is a subject of considerable controversy.
Voting: 10-0
Council Members Voting Aye: (for denial)
Jobn A. Baum, F. Reid Ervin, Vice Mayoi Harold Heischober,
Barbara M. Henley, Ciarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
-6 4-
ITEM II-L. 2 ITEM #15936
Upon mot-ion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Resolution advising the City of Virginia
Beach shall not issue a building permit or site plan approval, or any
other approval, for a thirty-four story hotel proposed for construction
near the Pavilion, until final rulings are made by the Federal Aviation
Administration.
Voting : 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E.
oberndorf
Council Members Voting Nay:
Clarence A. Holland
Council Members Absent:
Patrick L. Standing
6 5-
R E S 0 L U T I 0 N
WHEREAS, a thirty-four story hotel is proposed to be
constructed near the Pavilion; and,
WHEREAS, such construction is considered by Council to
constitute a danger to the safety of its citizens; and,
WHEREAS, the United States Navy has voiced serious concern
over the location of the proposed construction as it would affect the
safety of its personnel; and,
WHEREAS, the United States Navy has voiced opposition to
said construction as it would detrimentally affect the accomplishment
of its assigned mission at Oceana Naval Air Station - Master Jet Base;
an d,
WHEREAS, the City of Virginia Beach is seriously concerned
with its ongoing compatible relationship with the United States Navy;
and,
WHEREAS, the Comprehensive Zoning Ordinance of Virginia Beach
refers to Federal Aviation Administration regulations and findings in
Section 202(B) ; and,
WHEREAS, the initial findings of the Federal Aviation
Administration indicate that tbe proposed construction does represent
a hazard to the Oceana Naval Air Station's mission; and,
WHEREAS, the Federal Aviation Administration has indicated
that the aforesaid findings need further study.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City of Virginia Beach shall not issue a building
permit.or site plan approval, or any other approval, until final
rulings are made by the Federal Aviation Administration.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fourth day of November, 1980.
- 66-
A D J 0 U R N M E N T
ITEM II-M.1 ITEM #15937
Upon motion by Councilman Merrick, seconded by Councilman Ervin, and by
ACCLAMATION, the meeting adjourned at 9:34 p.m.
Diane M. Hickman, Deputy City Clerk
Rbth Hodgesgmith, City Clerk @ayor Henr Y, i%,@.
City of Virginia Beach,
Virginia
24 November 1980
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