HomeMy WebLinkAboutMARCH 10, 1980 MINUTES
CITY OF VIRGINIA BEACI
MUNICIRAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., B.y,id@ B.,@.gb
VICE MAYOR 1. HENRY M,COY JR., D.D.S., K@.p@,ill@ B.,..gb DONALD W. MERRICK, Ly@.b.,@@ B.,..gb
JOHN A. BAUM, B.,..gb MEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, A, L.,g@ J. CURTIS PAYNE, P,i.,@@, A.@@ B .... gb
GEORGE R. FERRELL, A, L.,g@ ROGER L. RIGGS, Vi,i@i. B@.@b B.,..gb
BARBARA M. HENLEY, P.@g. B.@.gb RUTH HODGES SMITH, Cily Cl@,k
CITY COUNCIL AGENDA
F-XECUTIVE SESSION - 10:30 a.m.
ITEM I INFORMAL SESSION: MONDAY, 10 MARCH 1980 - 1:00 P.M.
A. CALL TO ORDER - VICE-MAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. office of Water Research and Technology Desalting
Plant: Discussion
2. Subdivision of Frank E. and Gladys S. Sherman:
Discussion of variance denied by City Council.
3. Snow: Discussion of recent events relating to
the snow.
4. Drainage Ditch in Kings Point Subdivision:
Discussion.
ITEM II FORMAL SESSION: MONDAY, 10 MARCH 1980 - 2:00 p.m.
A. INVOCATION - Reverend Robert H. Eason
Pastor
Scott Memorial United Methodist Church
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of 25 February 1980
E. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
to be routine by the City council and will be enacted by one
motion in the form listed. There will be no separate discus-
sion of these items. If discussion is desired, that item will
be removed from the Consent Agenda and considered separately.
1. Resolution showing the continued support of the City of
Virginia Beach for House Resolution 4788, Water Resources
Development Act of 1980, which contains a provision for
the reimbursement of the City of Virginia Beach for the
$1.6 million expenditures incurred on the Long Creek Canal
Rehabilitation Project.
E. CONSENT AGENDA (,continued)
2. An ordinance to amend and reordain Section 23-13.3 of the
Code of the city of Virginia Beach, Virginia pertaining
to juvenile curfew enforcement and intake.
3. An Ordinance authorizing an event conducted on City property
to be exempt from the prohibition from working or transact-
ing business on Sunday.
4. Bingo/Raffle Permit:
Hampton Roads Youth Hockey Association, Inc. (renewal)
5. Request of Mr. John Atkinson, City Treasurer, for tax refunds
in the amount of $8,691.53.
6. Request of Mr. Ivan Mapp, commissioner of Revenue, for
license refunds in the ainount of $73.03.
P. PLANNING ITEMS
1. DEFERRED UNTIL TODAY ON FEBRTJARY 25, 1980
Application of C. M. Beasley for a variance to section 4.4(b)
of the Subdivision Ordinance which requires lot dimensions
to conform to the Comprehensive Zoning ordinance. He wishes
to subdivide a site located at the northeast extremity of
Linehan Court into two lots.
a. The City Manager's letter transmits the recommendation
of the Planning Commission for DENIAL.
2. DEFERRED UNTIL TODAY ON FEBRUARY 25, 1980
Application of Linda Mah Ark, Rita Mah Whalen, Anna HO Mah,
and Nancy Eng Mah for a change of zoning from AG-1 Agricul-
tural District to B-2 Community-Business District on a
10.18-acre parcel located on the west side of Oceana Boule-
vard, north of Dain Neck Road (Princess Anne Borough).
a. The city manager's letter transmits the reconimendation
of the Planning Commission for APPROVAL.
3. DEFERRED UNTIL TODAY ON FEBRUARY 25, 1980
Application of Gaston F- and Wilma A. Dough for a change of
zoning from R-8 Residential District to A-1 Apartment Dis-
trict on a .34-acre parcel located at the northeast inter-
section of Virginia Beach Boulevard and Garcia Drive
(Lynnhaven Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Cormission for APPROVAL.
4. Application of The City of Virginia Beach for a change of
zoning from AG-1 Agricultural District to AG-2 Agricultural
District on certain property described on maps on file in
the Department of Planning.
a. The City Manager's letter transmits the recommendation
of the Planning Commission for APPROVAL.
F. PLANNING ITEMS (continued)
5. Application of The City of Virginia Beach for a change of
zoning from R-8 Residential District to 0-1 Office District
on a .31-acre parcel located between Providence Road Re-
located and Old Providence Road, east of Beryl Avenue
(Kempsville Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for APPROVAL.
6. Application of Olive B. Brawley for a change of zoning
from R-5 Residential District to B-2 Community-Business
District on a .4686-acre parcel located at the southwest
intersection of the Virginia Beach-Norfolk Expressway
and South Great Neck Road (Lynnhaven Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for APPROVAL.
7. Application of Flo Ferrier for a conditional use permit
for a group home for the elderly on a .442-acre parcel
located on the north side of Nolan Avenue, east of
Milissa Street (Kempsville Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for DENIAL.
8. Application of Darrel J. Hughes for a variance to Section
4.4(b) of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning Ordinance.
He wishes to subdivide a site located at the northern
extremity of Trading Point Lane into two lots.
a. The City Manager's letter transmits the recommendation
of the Planning Commission for DENIAL.
9. Application of Geraldine Y. Stephens for a variance to
Section 4.4(b) of the Subdivision Ordinance which requires
lot dimensions to confbrm to the Comprehensive zoning
ordinance. She wishes to subdivide a site located on the
west side of Back Cove Road, south of Shorehaven Drive,
into two lots.
a. The City Manager's letter transmits the recommendation
of the Planning Commission for APPROVAL.
10. An Ordinance to amend and reordain Section 4.5 of the Sub-
division Ordinance of the City of Virginia Beach, Virginia,
relating to public sites and open spaces.
a. The City Manager's letter transmits the recoinmendation
of the Planning Commission for APPROVAL.
G. ORDTNANCES
1. Appropriations
a. First Readings
1. An Ordinance to appropriate funds for the
Community Mental Health Rehabilitation Unit in
the amount of $29,740.
G. ORDINANCES (continued)
2. Bids
a. Low bid of Bear Construction, in the amount of
$307,321.00, for the Administration Building
Alterations, Phase II.
H. OLD BUSINESS
1. Approval of the By-Laws of The Citizens Advisory
Committee on Housing and Coimnunity Development
2. Appointments: Boards and Conmissions
I. NEW BUSINESS
J. ADJOURNMENT
M I N U T E S
VIRGIIZIA BEACH CITY COUNCIL
Virqinia Beach, Virginia
10 March 1980
A Regular tleeting of the Council of the City of Vircrinia Beach,
Virginia, was called to order by Acting Playor J. Henry PIcCoy,
Jr., in the Conference Room, in the Administration Building, on
Monday, 10 March 1980, at one o'clock in the afternoon.
Council Members Present:
John A. Daum, F. Reid Ervin, George R. Ferrell,
Barbara M. Ilenley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., @4eyera E. Oberndorf,
J. Curtis Payne, and Roger L. Rigcfs
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
ITEM #i4327
Acting Mayor McCoy entertained a motion to allow Council to conduct
its INFORMAL SESSION and then recess into an EXECUTIVE SESSION for:
1. Consultation with legal counsel and briefing by
staff members, consultants, or attorneys pertaining
to a--tual or potential litigation, or other legal
matters within the jurisdiction of the public body.
(Legal Matters).
Upon riotion by Councilman liolland, seconded by Councilman Ferrell,
City Council voted to recess into the EXECUTIVE SESSIO@@ following
the IlIFORrIAL SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, GeorcTe R. Ferrell,
Barbara M. Ifenley, Clarence A. liolland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curl@is Payne, and Roger L. Riggs
3/10/80
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Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
I N F 0 R M A L S E S S I 0 N
FORD ASSEMBLY PLANT ITEM #14828
Councilman Ervin discussed with Council a letter he wrote regarding
the Ford Assembly Plant - Norfolk - Control of Volatile Organic
Compound (VOC) Emissions. (Exhibit "A").
DISCLOSURE ORDINANCE ITEM #14829
Councilwoman Henley discussed with Council the proposed "Disclosure
Ordinance" and requested a Committee be appointed to study @.his
matter.
Acting Mayor McCoy indicated he wouid appoint Council Members
John A. Baum, Barbara M. Henley, and City Attorney J. Dale
Bimson, in the FORMAL SESSION to study the "Disclosure Ordinance".
BASKETBALL GAME ITEM #14830
Acting Mayor McCoy reminded Council of the Basketball game between
City Council and the Department of Parks and Recreation, to be held
Friday, 14 March 1980 in the Virginia Beach Recreation Center at
7:00 p.m.
POTTERS SAND FENCE ITEM #14831
Councilman Riggs requested information on the status of Potters
Sand Fence.
Mr. C. Oral Lambert, Director of Puglic Works, indicated there
were several problems with the low bidder as he reneged on the
contract. The bid was given to the second lowest bidder and the
fence should be removed by May of 1980.
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PARKING-19TH STREET AND ITEM #14832
PACIFIC AVENUE-TRAIL-
WAYS BUS TERMI@4AL
Councilman Riggs requested a status report on the parking lots at
Fuel Feed and Trailways Bus Terminal.
The Public Works Director indicated the iow bidder was to begin
working on the parking lots March 3, 1980; however, due to the
snow, they are to begin work today (10 March 1980)
ENCROACHMENTS ITEM #14833
Councilman Ervin discussed with Council encroachments at the North
End of Virginia Beacli, and requested Risk Management to study this
matter on the liability these encroachments might cause the City.
DESAL-@ING PLANT ITEM #14334
Mr. Aubrey V. Watts, Jr., Public Utilities Director, appeared before
Council in the ITIFOR@IAL SESSION to present a slide presentation on
the Desalting Demonstration Project. (Exhibit "B").
Mr. Robert Green, Wiley and Wilson, appeared regarding the above
matter.
RESOLUTIOI,I-SNOW ITE@L #14835
City Manager indicated Councilman Ferrell had requested a Resolution
be preoared commending City Employees and volunteer citizens and
organizations, as well as the various military units, wiao gave their
time, efforts and talents in rendering vital services to the citizens
of the City of Virginia Beach.
The matter will be in the FORMAL SESSION for further discussion and
vote.
DRAINAGE DITCH-KINGS POI@JT ITEM #14836
SUBDIVISION
D-Ir. C. Oral La,@ert, Director of Public Works, presented a slide
and verbal presentation regarding the drainaqe ditch in the Kings
Point Subdivision.
STOP-WORK ORDER ITEM 4@14837
The City Manager discussed with Council the stop-work order on
construction of steps on the Administration Building's side of
the tunnel; and, the change order on the contract with regards
to the steps.
This matter will be on FORMAL AGENDA for discussion and vote.
3/ 1 080
-4- (Exhibit "A")
F. REID ERVIN IIS 77TH STREET
COUNCILMAN-AT-LARGE VIRGINIA BEACH, VIRGINIA 2345i
March 5, 1980
TO ALL MEMBERS OF VIRGINIA BEACH CITY COUNCIL
Re: Ford Assembly Plant - Norfolk
Control of Volatile Organic Compound (VOC) Emissions
Further reference is made to Dr. McCoy's suggestion that City Council,
to the extent possible, support the Norfolk Ford Assembly Plant in its
efforts to satisfy EPA requirements under the Clean Air Act.
The details of this problem are quite complicated so a bit of background
may give you a better understanding. Under the Clean Air Act provision
is made to establish both primary and secondary National Ambient Air
Quality Standards (NAAQS) and to amend those standards from time to time
under certain conditions. The act also provides that upon adoption of
the Standards initially or after any subsequent revision or amendment
that each State submit to EPA for approval within nine months a plan
which will provide for implementation, maintenance, and enforcement of
the standards in each air quality region of the State. Such plans are
referred to as State Implementation Plans or SIP. We are in air quality-
Region 6.
In late 1979 the State Air Pollution Control Board submitted for approval
their most recent SIP. It is my understanding that EPA has generally
approved this SIP except for the section relating to Automobile and
Light Duty Truck Coating. EPA issued in 1977 a document entitled Control
Technique Guidelines (CTG) which attempted to establish emission limita-
tions that represented reasonable norms that could be achieved through
the application of reasonably available control technology (RACT).
Ford takes the position, and Dr. McCoy and I concur, that the Control
Technique Guidelines are just that, guidelines-not law. Ford has agreed
to reduce its emissfons from its body painting operation by more than
800 tons per year. The cost of this effort is approximately 4 million
dollars. The State Air Pollution Control Board in turn has cranked this
reduction into their calculations and have assured EPA that they can
achieve air quality compliance in Air Quality Region 6.
3/ 10/ 80
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TO ALL MEMBERS OF VIRGINIA BEACH CITY COUNCIL
Page 2
Apparently EPA wants a greater reduction which can be achieved
but the cost for an additional 840 ton annual reduction approaches
a cost of 112 million dollars. Obviously Ford considers this
excessive.
Our suggestion is that Council authorize a letter to Ford expressing
our concern over the serious negative economic impact that would result
if the more stringent requirements are imposed and offer to support
them in any way they deem effective.
0
Rq)d Ervin
3/ IO/ 80
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D-1@@@,10@@STF-7\TION PROJECT VTPC!7\IA --,'@CH, VI-RCINIA
-D:
7he U.S. Departmen- o- Interior's office of l@a er
@'Iscarch and -lechnology (OWRT) has selected the City o4-' V@Irginia
@,each as a site for a desalting pladt under -@he O@@RT Desalting
D.@@7)@-ns"ration Gran-I Program.
@,S-L:PPLY: The feedwa"er for the proposed esalti-i@g olan-I w@ll
,D @---ackish gro-,in(l@,;ater from deep wells. The @,-i2l '@ave a
@otal dissolved solids (TDS) concentration o- approxi-.i-.ately 4,200
milliqra,-ns per liller (ing/1) .
?T,--.'@T TIDCA-ION: -he 3ron@sed @,saltij@g plan-, will e loca',Dd on
,@,!7 -,-,erty now cwned by -@he City ol@ VirGini-a --oach In@us-Ir"al r-evL@l-oc-
ir@@-nt 7,uthority. The plant site is in the nor-@h@,iestern Cart of '@he
Ci-@\, and is adjacent to Li-@tle Creek Cove. -,he site is referred '@-o
in predesign studies as the Ferry Slip site.
PT--@ T C@PACITY: The d-sign capaci-@y -For -,he proposed (3esalting
rla,nt @,7i-ll be two million gallos per day @@IGD) of product w t-
i (2.0 a @ r
D@SALTING PROCESS: The desalting process selected for de@@onsl-rat@on
in the pronosed Virginia Beach plant will be a two-staqe rev--rse
esT-.osis (RO) process coa@sisting o-@ low pressure membi-ai@es in 'he
,@i-rst stage and medium pressure meiiibranes in the second stage.
BRINE DISPOSAL: Approximately 0.43 MGD of brine will be cl-,-nera'@ed
by the proposed desalting plant. The brine will be disposed of in
Litt2e Creek Cove.
F',VIRCNY,--NTAL ASSESSMENT: The Environmental Assessrent prepared for
the proposed desalting project indicates that the overall imr@act of
this project on the environment is expected to be an improve@,ent.
The Environmental Assessment has been reviewed by a',-ected and con-
cerned agencies and organizations.
COSTS: The estimated construction cost for the proldosed desalt-'Ing
plant is $11.4 million dollars. The plant will be operated for a
four year demonstration period. The cost for four years of operation
and maintenance during the demonstration period is estimated to be
$4.1 million dollars.
CONTRACTUP-AL ARRANGEMENTS: The proposed contractural arrangenents
call for the project costs to be shared on the basis of thirty-five
percent (35%) for Virginia Beach and sixty-five percent (65%) for
the OWRT. The total project cost to the City is es"irnated to be
$5.4 million dollars. At the end of the our vear demonstration
period, the City will beconie the owner of the desalting plant.
3/ 10/ 80
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F 0 R M A L S E S S I 0 N
VIRC,INIA BEACH CITY COUNCIL
10 March 1980
2:12 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
INVOCATION: Reverend Robert H. Eason, Pastor
Scott Memorial United Methodist Church
PLEDC,E OF ALI-EGIANCE
MINU-@ES: City Council POSTPONED approval o@4 the Minutes of the
Pegular Meeting of 25 February 1980 one (1) week.
PROCLAIIATION ITEM #14838
Acting Mayor McCoy read tlie followinal Proclamation:
P R 0 C L A M A -@ I 0 N
VIHEREAS, the Shamrock Marathon is in its eighth year
at the Beach and has become one of the biggest attractions of
the year, drawing 3,000 runners last year and an expected
5,000 runners this year; and,
3/ IO/ 80
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WHEREAS, the Shamrock Marathon consists of a 2 mile
run, a 5 mile run, and a 26 mile run; and the 26 mile course
is one of the flatest and most beautiful running courses, and
because of its uniqueness draws runners in preparation for
the Boston Marathon; and,
IqHEREAS, this year's proceeds from the 8th Annual
Shamrock Marathon will go to the Tidewater Association for
Court Volunterism, a group that puts young offenders to work
in our Community; and,
NOW, THEREFORE, I, Patrick L. Standing, Mayor of the
City of Virginia Beach, do hereby proclaim 15 March 1980 as
SHAMROCK MARATIION DAY
and urge the citizens of Virginia Beach to participate in this
exciting event as a runner or spectator and have the luck of
the Shamrock with you.
Patrick L. Standing
Mayor
3/ IO/ 80
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PROCLA14ATION ITEM #14839
Acting Mayor McCoy presented tlie following Proclamation to Richard
Harris:
P R 0 C L A M A T I 0 @l
@qIEREAS, tennis promotes good health, good competition
and good sportsmanship and is an integral part of the City's
recreational program.
t4OW, THEREFORE, I, Patrick L. Standing, Mayor of the
City of Virginia Beach, Virginia, do herebv proclaim 16 March
1980 as:
TENNIS DAY
in the City of Virginia Beach and encourage all residents to
participate in the Tennis Jamboree at Owl's Creek Municipal
Tennis Center.
Patr ck L. Standing
Mayor
3/ 1 080
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CONSENT AGENDA
(ITEM II-E.1) ITEM #14840
ALL @IATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY TH.E CITY COUNCIL AND WILL BE ENACTED BY ONt MOTION IN
THE FORM LISTED.
R E S 0 L U T I 0 N
WHEREAS, the City of Virginia Beach has performed certain remedial
engineering and rehabilitation work to Long Creek Canal; and,
WHEREAS, House Resolution 4788, the Water Resources Development Act
of 1980, contains a provision, Section 306, introduced by the Honorable G.
William Whitehurst in the Congress of the United States and passed by the
House of Representatives on February 5, 1980 for the reimbursement of the
City of Virginia Beach for the costs it incurred in the Long Creek Canal Pro-
ject;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Council of the City of Virginia Beach endorses Section 306
of House Resolution 4783, the Water Resources Developinent Act of 1980, and
requests the Congressional Delegation from Virginia to support this legisla-
tion in the Congress of the United States.
Upon motion by Councilman Baum, seconded by CouncilmanPayne, City
Council voted to APPROVE tne Resolution endorsing Section 306 of
House Resolution 4788, the Water Resources Development Act of 1980,
and requests the Congressional Delegation from Virginia to supidort
this legislation in the Congress ol- the United States.
Voting: 9-0
3/ 1 080
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Pleyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
CONSENT AGENDA
(ITEM II-E.2) ITEM #14841
Upon motion by Councilman Bauri, seconded by Councilman Payne, City
Council voted to APPROVE the followina Ordinance to amend and re-
ordain Section 23-13.3 of the Code of the City of Virginia Beach,
Virginia, pertaininq to Juvenile Cur.'ew En@lorcement and Intake:
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Fe--rell,
Barbara @l. ilenley, Clarence A. ifolland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, Rooer L. Rigqs
Council Members Absent:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ IO/ 80
AN ORDIIIANCE TO AMEIIID ATID REORDAIIT
SECTIOD7 23-13.3 OF THE CODE OF --HE
CITY OF VIRGI@TIA BEACH, VIRCItlIA
PERTAINIIIG TO JUVFIIILE CTJRFFW
ENFORCEPIENT AND INTAKE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCITTIA
BEACH, VIRGINIA:
That Section 23-13.3 of the Code of the City of
Virginia Beach is amended and reordained as follows:
Section 23-13.3. Enforcement.
whenever any police or other officer charged with the
duty of enforcing the laws of the state or ordinances of the cit,,
shall discover or has his attention called to the fact that anv
minor under eighteen years of age is present on anv street, road,
alley, avenue, park or other public place or in any vehicle
operating or parked thereon, in the city, between the holirs of
12:01 A.?4., and 5:00 A.ti., and that such minor is not accompanied
by his parent, guardian or other adult person having the care,
custody or control of such minor, and is not on an emerqency
errand, is not engaged in a lai7ful employment or going directly
to the place of such employment or returning directly to his
place of resi(ience; or such minor does not have written
permission by the parent, guardian or other adult person having
the care, ctistody or control of such minor to attend a s-pecified
enqagement or performance which begins prior to midnight, and
en(Is either after midniqht or so close to midnight that it is
3/ 10/ 80
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impracticable for such minor to reach his residence by traveling
in a prudent manner and such minor is present at any such
engagement or performance or is proceedinq directlv to his place
of residence upon conclusion thereof, such officer shall make an
immediate investigation for the purpose of ascertaining whether
or not the presence of stich minor on such street, road, aven(le,
allev, park or other public place is in violation of the
provisions of this Code. If such investigation reveals that the
presence of such riinor on such street, road, avenue, alley, park
or other public place is in violation of the provisions of this
Code, then the officer may charge the minor with a violation of
this section and release said minor on a summons, or said officer
may cause the minor to be taken to his home or place of
residence, and the-m4ner-anA released to his parent, guardian or
other adult person having the care, custody or control of such
mi nor mfty-15e-s unmen ed- te-al9peaL.-15ef el-e-the
5tr4!et-eeurt-# e-15e -el e aIt -w-it@-4n
a eee rela n ee-w4: th - t he-prev -i e -ien fi-e -E - t It -i @- 42af4 eIf the officer
deems that it will be for the best interest of the minor, the
minor he may be taken to the
el eL5artmen t -.Eer- f-tir eh er - 4 mt-e 0 tiej a t4nn 7 - a nf3 - 4 f- -from-9 ueh
4: nve St -il ett4!,5n- t@-e f f-@er- 5 h a4!-I-Ita ve - ea"lge- to- lgel 4e ve - t@ at - # he
aet-4:ens-of -th e-in4:ner-aL-e-stteh-aa-te-br4n,1-4!iie-fn-iner-w4th 4n-1/2 he
15ttL-V@w-ef
-2-
3/ 10/ 80
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tven -iie-a na -dome5t4e- re+ at4en e- eeu rt - 4 n -tlie-Fqa n ner-13-rov 4ele4-15-V
ether -L5rov 4markee 7 -tile-FR4 ner-s he4 I -be
4mige(4iately-releaned-#rem-etietedyrIntake Division of the Juvenile
and Domestic Relations District Court of the City of Virginia
Beach and thereafter be released or detained as provided in
Article 4, Chapter II, Title 16.1 of the Code of Vriginia, 1950
as amended. In those cases where a summons is not issued, the
officer may proceed as provided in Article 5, Chapter II, Title
16.1 of the Code of Virginia 1950, as amended.
Ador.)ted by the Council of the Citv of '@7irqi-nia P-each,
virginia, on the 10 March 1980
RJN/cj/vp
2/12/80
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3/10/80
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CONSE14T AGENDA
(ITEM II-E.3) ITEM #14842
Upon motion by Councilman Baum, seconded by Councilman Payne, City
Council voted to APPROVE the following Ordinance authorizing an
event conduc-ted on City property to be exempt from the prohibition
from working or transacting.business on Sunday:
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. flolland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting -Nay:
None
Council Members Absent:
Donald W. @4errick, and Mayor Patrick L. Standing
3/ 10/ 8o
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REQUESTED BY: Economic Development Department
AN ORDINANCE AUTHORIZING AN EVENT
CONDUCTED ON CI-@Y PROPERTY TO BF
EXFMPT FROtl THE PROHIBITION FROPI
WORKING OR TRANSACTITIC BITSINESS
ON SUNDAY
WHEREAS, Section 18.2, Code of Virginia (1950) as
amended, requires the City Council of the City of @7irginia Reach
to desiqnate on a case-by-case basis the events which are exemr)t
from workihq or transactinq business on Stindays; and
WHEREAS, the following City property has been
designated bv the Council of the City of Virginia Reach for the
followinq dates, as the site for the followinq event:
Date City Property Event
8/21/80 to Virginia Beach -idewater Rome Pner(1)7
8/24/80 Civic Center Show
BE IT ORDAINIFD BY THE COUIICIL OF THF CITY np VIPCIRTIA
BEACH, VIRGINIA:
-.hat the above-mentioned event is exempt from the
prohibition of workinq or transactinq business on SLinday as
provided bv general law. That the City Clerk is directed to
forward a certified copy of this Ordinance to the Commonwealth
Attorney.
ADOP-IRD BY THE COUNCIL OF THF, CITY OF \7IR(-,IIIIA REAC.H,
VIRGIIIIA, on the 10 day of @larch 1980.
JDB/cj/vp
3 /0 5 /8 0
(2)
3/10/80
-17-
CONSENT AGENDA
(ITEM II-E.4) ITEM #14843
Upon motion by Councilman Baum, seconded by Councilman Payne, City
Council voted to APPROVE the Bingo/Raffle Permit for the Hampton
Roads Youth Hockey Association, Incorporated. (Renewal)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara @l. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/10/80
1 8-
CONSENT AGENDA
(ITEM II-E.5) ITEM #14844
Upon motion by Councilman Baum, seconded by Councilman Payne, City
Council voted to APPROVE the following Tax Refunds in the amount
of $8,691.53.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 10/ 80
-18a-
UPO@l AI'Pl,"CA'J'IC),'@ OF Cl:l@'I'Alt@
ANI) CEP,'EIFICATIO@l OF 'I'IIE
BE IT ORDAINED BY TIIE (:OUiNC:IL OF CITY OF VIRGINIA I'T,:ACII, VII@Gl@IIA:
Tliat the folloxqin- applicaL3-ons for tax reftinds upon c(!rtification of
'Prezisurer are liereb5, approvc(l:
$ 563 . 8 5
To-a i@n
TAX TYPE TICK@-'Fl EY.0',-IFR- DATE
E YFA@ 0'r-- TAX-1@IT,,IBFRI T101i l@(- I'AID @ENALTY-- INT TOTAL
gler, @litchell 80 CD Z@0214 1/25/80 15.00
dler, Cqtherire so CD 75056 1/29/80 15.00
-son, Ed@,,ard L. 80 CD 2D()80 1/22/80 15.00
s@Dr, rdward L. 80 CD 2c)642 1/21/FO 15.00
per, Al-ice K. 80 CD 122585 1/21/30 15.00
colti, FI-)vd so CD 31722 1/22/80 15.00
ns, Ravm,)nd 80 CD 95274 1/18/80 15.00
den, @larvin @l. 80 CD 339,)) 1/22/80 15.00
,@rove, ilichael F. 80 CD 35954 1/2F/FO 15.00
Elin')r 80 CT) 120-/02 1/18/FO I-).OO
e,nan, Travi.s F. 80 CD 116504 1/10/80 15.00
p f) C' -) @ 5no(, 1, , "@i/30 1,5.00
C ..Ib, R,)bert E. PO CT) 70893 1/24/80 15. ()O
Li,?i@ Thi 80 CD 34341 l@/23/FO 15.00
g, Cheryl T). 80 c
ant, Dnnn B. 80 CD 90003 1/24/80 15.00
rirT,,ton, James A. 80 CD 31-/05 1/22/80 15.00
ntz, Geor@le T). - 8111 c @, I 1 7 9 0 1/16/FO 15.@o
ntzh,.)rii, Cl,)ria F" 0 -_ D 81951) 1/7/80 i,5.00
v, @l,,irSha Kiv @o CD 9681/ 1/29-/80 l@.00
e.r, J,)spr)h 11. so CD 22407 1/]-P/so 1- 5. 00
son, Lorin R. 80 CD 321@12 1/22/80 15.00
elev, Needham, Jr. 80 (-I) 118(ir)s 1/14/80 15,00
an, ',)ebra (,. so CD 2411'-) 1/21/80 15.00
Z, Y,)P- Cha @o CD 72621 1/23/80 15.00
es of Green Run C,) 80 CIT) 117320 1/15/80 22.10
itt, ReFinq @t. PO CD 63@)33 1/11/80 15.00
S, R;i\7m,)rci 11. 30 (D 12070 I/R/PO 15.00
017field, PI-ISSE'l,l T 0 CD 1223@l I/lF/80 15. O@)
7 ski, Th,)mas 8r) CD 144050 1/22/80 1.75
@'nervl F@ 0 CD P,3399 1/11/80 15.00
glierty, 'haron 80 CD 72266 2/6/80 15.00
-ih,in Arne so CT,) 45484 2/6/F@O
1 15.00
cava,e, @lqureen so CD 360(il 1/23/80 15.00
erh-)fer, Th-)mas 190 (,D 124509 1/21/80 15.00
,)bs,)r, Jack r,. P@o CD 76r)51 2/8/80 15.00
r)lard, Richard 80 CD 26718 1/22/80 15.00
vir, Paul A. PO CT) 45421 2/4/PO 15.00
e above abatenent(s) totaling
were approved by
,e Couricil of thc City of Virginia
ach on the -10th day of March
rer
Approvcd as to form:
Ii. Sinitli, City Clcrk
.1@ I)ale Biinson, City Attbt-,-i,
-18b-
UFO," Of'
liND IJP()IL OI-' TIIE Ti@]-/1/2Sup\ER
BE IT 01@DAINED BY THY., COUI\ICIL 01' Tlll;' Cl'fY OF VII@GII@IA B],'ACII, VIRGI.I,'IA:
That tlie folloiqina applications for tax refuncls tipon certificati-on of
Treasurer are hereby approved:
$ 56 0. 00
To --aling
TAX TYPE TICI'\ET EXO@IER- DATE
E YEAF OF TAX NU,-IBr,,R TION N( PAID 3ENALtY i-mr[ TOTAT-
ing, Linda I. 80 CD 121931 1/17/80 15.00
ing, T,inda I. 80 CD 121932 1/17/80 15.00
kett, Marl, 80 CD 34761 1/28/80 15.00
ne Leasing 80 CD 84858 1/16/80 15.00
geson, Sara T. 80 CD 129899 .1/29/80 15.00
ile, Arthur 80 CD 68516 1/17/80 15.00
liams, Jean V. 80 CD 29308 1/24/80 7.50
, DDnald R. 80 CD 35187 1/23/80 15.00
ver, John 1,1. 80 CD 28607 1/22/80 15.00
eiii, Bailey E. 80 CD 113661 1/8/80 15.00
renholz, Scott A. 80 CD 27114 1/24/80 15.00
r-,*eld, J.C. 6, D.M 80 CD 22397 1/17/80 15.00
1, @,,;Col @,lalter 80 CD 67 7 63 i/18/80 15.00
d$ Ester P. 80 CD 122188 1/17/80 15.00
e, Bruce 80 CD 2487r) 1/21/80 15.00
e, Bruce 80 CD 24874 1/21/80 20.00
tle, Leonard G. 80 CT) 36846 1/24/80 15.00
tle, Le-)nqrd G. so CD 36847 1/24/80 15.00
d, Sharon M. 80 CD 114649 1/9/80 15.00
hols, Remo E. so CD 24952 1/21/80 15.0')
liamson, @i.dney B. 80 CD 31200 1/17/80 15.00
ler, D. 6: D. 80 CD 30871 1/24/80 15.00
rk, Johii A. 80 CD 42063 1/25/80 15.00
arizi,i, liqrie T. 80 CD 41615 1/28/80 15.00
es, Jenus B. 80 CD 33263 1/22/80 15.00
dler, L. @t. 6SDns 80 CD 34349 1/23/80 15.00
cil.er, I,. M. &cl,)ns 80 CD 34350 1/23/80 15.00
dler, L. @l. &Sons 80 CD 34351 1/23/80 15.00
1, Charlcs C. 80 CD 15941 1/14/80 15.00
;,- Leasing C,). 80 CD 93573 1/21/80 15.00
k -, Diris R. PIO CD 22900 1/17/80 15.00
ser, J,)hn 80 CD 68765 1/21/80 15.()0
nard, @teven C. 80 CD 31'743 1/22./@io 15.00
m@Dre, Horace 0. 80 CD 60122 ]-/3/80 15.00
more, Hirace 0. 80 CD 60026 1/3/80 15.00
mas, J),ini-el. R. 80 CD 7191-3 1/8/80 15.00
en, Dorothy P. 30 CD 100073 1/25/80 15.00
th, Shirle.@, & T)ear 80 cm 1/4316 1/8/80 7 . 50
e above abatement(s) totaling Certtficd as to. p-,ynent;
$56 0 . 00 - were approved by
e Council of the City of Virginia
each on the 10 day of March
-isu
JOIJ T. A@I @ON Trc, rer
Appro\,cd as to fonn:
111,L 11. Sinith, City Clerk
I),Ilc Bimnon, City'Attc)c,-i
-18c-
Al@D UI'C)"'.
BF- T,r Ol,,DAINII--,D BY Till: COI)INCII, OI-' 'J,'Iil@' CITY 01" VII@GINIA Bl@A(,Ii, VIIZ(;],f,,IA:
That Llie follc)%.;In@ appl-icatioiis for tax refunds ul3on certification of
Treisui:ei: ai:e licl:c@I)y ipl-)roved:
$7567.68
To -zili
TlCKE'r FY.O@@;FR- D,@TF
y TION l@C PAID .@FNAL'kY JITF TO'EAL
E OF TA), I,,U,
pel Hill Builders 78 pp 111405 9/24/79 2,263.17
ruder, Jon C. 79 pp 60982 8/9/79 103.69
pson, Russell 80 Dog V00981 1/22/80 3.00
ress Properties, Ltd- 80 RE 73135-8 (1/2) 12/5/79 66.43
ress Properties, Ltd- 80 RE 7313508 (2/2) 12/5/79) 66.43
onnell, Daniel R. 79 pp 123206 11/9/79 67.50
liams, M.S. & D.K- 79 pp 129156 12/4/79 109.38
rien, Karen 0. 79 pp 123186 12/3/79 64.14
rias, Priscilla 79 pp 112517 11/29/79 82.38
g, Paul D. 79 pp 120023 1/28/80 110.45
g, Paul D. 79 pp 120924 12/5/79 5.40
y, William A. 79 pp 123556 12/17/79 249.7'0
r-11, Walter 79 pp 114244 1/31/80 32.26
d Properties Corp. 80 RE 79154-1 (112) 11/27/79 474.01
d, James W. 79 pp 124612 10/30/79 78.96
ker, John A. 79 pp 128295 11/13/79 48.60
pel Hill Builders 79 pp 104388 6/ 5/ 79 1 962.90
nry, Albert C. 79 pp 118222 12/5/'/9 108.on-
rginia Nat'l Bank -,r. 80 RE 79566-3 (1/2) 11/13/79 530.95
owden, Charlie 79 pp 85575 10/15/79 15.71
rf. Dist. Bd. of @@issill) 80 RE 46743-8 (1/2) 11/29/70 43.07
llett, Pauline 80 Dog V17213 1/10/80 3.00
vitt, Lena W. 80 RE 38838-1 (112) 11/27/79 11.10
sch @lanufacturing Co. 80 RE 790001-8 (1/2) 12/5/79 155.90
sch Manufacturing Co. 80 RE 72433-9 (1/2) 12/5/79 147.92
rassberg, Paul 80 RE 61388-7 (1/2) 12/5/79 29.20
ith, Peter J. 79 pp 116268 1/29/80 15.48
nBakel, W. J. 79 pp 127982 12/1/79 24.30
tthews, Shane Barrett 79 pp 5638 6/5/79 23.58
wis, Lynn & Daniel 79 pp 120754 11/20/79 176,16
ff, Gertrude B. 79 pp 66686 6/3/79 110.70
enneman, Paul & Bertha 80 RE 7049-1 (1/2) 11/6/79 380.77
lms, Linda 79 pp 41c.131 2/4/80 3.36
The above abatement(s) totalirig as to p6-,
$7567.68 were approved by
tlie Council @f tlie City of Virginia
Beach on the 10th day of
sure;
Approvcd as to fonti:
l@utli ii. S-,nith, CiLy Clcrk
s (iii , C i tA t@ t o r-,
- 19-
CONSENT AGENDA
(ITEM II-E.6) ITEM 414845
Upon motion by Councilman Baum, seconded by Councilman Payne, City
Council voted to approve the following License Refunds in the
amount of $73.03:
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 1 080
-19a-
AN ORDINANCF,,' AU'1'1101@IZTNG I,ICEt,'Sr REFUNDS
UPON APPLICA'flOiN OF CERTAIN PEI@SONS AND
@'UPC)'@ CEPTIFICATRON OF TilE COmmISSIONER
OF TIIE REVENUI@"
BE -IT 01@DAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA BEACII, VIRGINIA:
That tlic following applications for license refunds, uldoil certification
of the Commissioner of tlie Revc,.nue are hereby approved:
LI
NA-t,lE YEAR PAID BASE PENALTY INT. TOTAL
John F. Ramey 1979 6/13/79 73.03 73.03
0. Box 14032
rfolk, Va. 23518
Cer@ified as to Payment:
Ivaii D. @WP
Commissioiiei- of Revenue
Approved as to form:
n
ity Attorney
The above abatement(s) totaling $ 73.03 -were approved by the
ouncil of the City of Vii-ginil Beach on tlie 10th day of March
19 80
til
ity Clerk
2 0-
PLANNING AGENDA
(ITEM II-F.1) ITEM #14846
Attorney Ed Hudgins represented the applicant
Mr. Art Zimmerly appeared in opposition
Councilman Ervin made a motion, seconded by Acting Mayor McCoy, to
APPROVE the application of C. M. BEASLEY for a variance, as per
the following:
Subdivision Variance - Appeal from Decisions of
Administrative Officers in regard to certain
elements of the Subdivision Ordinance for C. M.
Beasley. Property located at the Northeastern
extremity of Linehan Court. More detailed
information is available in the Department of
Planning.
The applicant requests a variance to Section
4.4(b) of the Subdivision Ordinance which
requires lot dimensions to conform to the
Comprehensive Zoning Ordinance. The applicant
wishes to subdivide a site located at the
Northeast extremity of Linehan Court into two
lots.
Voting: 4-5
Council Members Voting Aye: (for approval)
F. Reid Ervin, George R. Ferrell, Clarence A.
Holland, Acting Mayor J. Henry McCoy, Jr.
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, meyera E.
Oberndorf, J. Curtis Payne, and Roger L.
Riggs
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
THE ABOVE MOTION TO APPROVE THE REQUEST OF C. M. BEASLEY FOR A
SUBDIVISION VARIANCE WAS LOST.
3/ 1 080
2 1-
PLANNING AGENDA
(ITEM II-F.2) ITEM #14847
Attorney Frank Butler represented the applicants.
Upon motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to DEFER FOR TWO MONTHS the application of Linda Mah
Ark, Rita Mah Whalen, Anna Ho Mah and Nancy Eng Mah for a Change
of Zoning District Classification, as per the following:
Ordinance upon application of Linda Mah Ark,
Rita Mah Whalen, Anna Ho Mah and Nancy Eng
Mah for a Change of Zoninq District Classifi-
cation from AG-1 Agricultural District to B-2
Conimunity-Business District on certain property
located on the West side of Oceana Boulevard
beginning at a point 795 feet North of Dam Neck
Road, running a distance of 420.09 feet along
the West side of Oceana Boulevard, running a
distance of 1342.24 feet along the Northern
property line, runninq a distance of 657.73
feet along the Western property line and
running a distance of 861.10 feet along the
Southern property line. Said parcel contains
10.18 acres. PRINCESS ANNE BOROUGH.
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs.
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 1 080
-2 2-
PLANNING AGENDA
(ITEM II-F.3) ITEM #14848
Mr. Richard Grimstead appeared in behalf of the applicant.
Upon motion by Councilman Ervin, seconded by Councilman Riggs, City
Council voted to approve the application of GASTON F. AND WILMA A.
DOUGH for a Change of Zoning District Classification, as per the
following:
DELETE CONDITION NUMBER THREE (3) WHICH STATES:
Right-of-way improvements will be necessary along
Garcia Drive; this includes pavement widening,
curb and gutter, sidewalk, and drainage facilities.
DELETE CONDITION NUMBER FOUR (4) WHICH STATES:
The cost of the design and construction of a
standard City street along this site's frontage
on Virginia Beach Boulevard is to be deposited
in the Virginia Beach Boulevard project account.
ORDINANCE UPON APPLICATION OF GASTON Z0380483
F. AND WILMA A. DOUGH FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM
R-8 RESIDENTIAL DISTRICT TO A-1
APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Gaston F. and Wilma A.
Dough for asCh:2gy of Zoning District Classification
from R-8 Re id t ai District to A-1 Apartment Dis-
trict on certain property located at the tiortheast
intersection of Virginia Beach Boulevard and Garcia
Drive, running a distance of 100 feet along the North
side of Virginia Beach Boulevard, running a distance
of 150 feet along the Eastern property line, running
a distance of 100 feet along the Northern property
line and running a distance of 150 feet along the
East side of Garcia Drive. Said parcel contains
.34 acre. LYNNHAVEN BOROUGH
3/10/80
-2 3-
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by
the Site Plan Ordinance.
2. City water and Sewer.
3. A five-foot dedication along Virginia Beach
Boulevard.
4. A ten-foot dedication along Garcia Drive.
5. A vacation of the existing lot lines in
order to avoid the creation of nonconforming
lots.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the tenth day of March 1980.
Voting: 5-4
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Acting Mayor J.
Henry McCoy, Jr., J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
George R. Ferrell, Barbara M. Henley, Clarence A.
Holland, and Meyera E. Oberndorf
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 10/ 80
- 24-
PLANNING AGENDA
(ITEM II-F.4) ITEM #14849
Upon motion by Councilman Ferrell, seconded by Councilwoman lienley,
City Council voted to APPROVE the application of the CITY OF VIRGINIA
BEACH for a Change of Zoning District Classification, as per the
following:
ORDINANCE UPON APPLICATION OF THE CITY OF Z0380484
VIRGINIA BEACH FOR A CHANGE OF ZONING DIS-
TRICT CLASSIFICATION FROM AG-1 AGRICULTURAL
DISTRICT TO AG-2 AGRICULTURAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of the City of Virginia
Beach for a Change of Zoning District Classification
from AG-1 Agricultural District to AG-2 Agricultural
District on certain property as more particularly
described on maps on file in the Department of
Planning.
It was noted the AG-2 classification would allow
single-family detached homes as a principal use,
while the AG-1 classification would NOW require
a conditional use permit for such development.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of -March 1980.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Rigqs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 10 80
2 5-
PLANI;ING AGENDA
(ITEM II-F.5) ITEM #14850
Upon motion by Councilman Ferrell, seconded by Councilman Holland,
City Council voted to APPROVE the application of the CITY OF
VIRGINIA BEACH for a Change of Zoning District Classification, as
per the following:
DELETE CONDITION NUMBER FIVE (5) WHICH STATES:
No access to this site is permitted from Old
Providence Road.
ORDINANCE UPON APPLICATION OF THE CITY Z0380485
OF VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-8 RESI-
DENTIAL DISTRICT TO 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of the City of Virginia Beach
for a Change of Zoning District Classification from R-8
Residential District to 0-1 Office District on certain
property located on the North side of Old Providence
Road beginning at a point 87.12 feet East of Beryl Avenue,
running a distance of 124.60 feet along the North side of
Old Providence Road, running a distance of 139.04 feet
along the Eastern property line, running a distance of
127.62 feet along the Northern property line (South side
of Providence Road (Relocated), and running a distance
of 82.29 feet along the Western property line. Said
parcel contains .31 acre. KEMPSVILLE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the
Site Plan ordinance.
2. City water and sewer.
3. Right-of-way improvements will be necessary
along Old Providence Road; this includes pavement
widening, curb and gutter, sidewalk and drainage
facilities.
4. Adequate screening is necessary alonq the
Southern property line.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on the Tenth day of March, 1980.
3/ 10/ 80
-2 6-
Voting: g- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/10/80
2 7-
PLANNING AGENDA
(ITEM II-F.6) ITEM #14851
Attorney H. Calviii Spain represented the applicant.
Upon motion by Councilwoman Henley, seconded by Councilman Ervin,
City Council voted to APPROVE the application of OLIVE B. BRAWLEY
for a Change o,f Zoning District Classification from R-5 Residential
District to 3-2 Community-Business District, as per the following:
ORDINANCE UPON APPLICATION OF OLIVE B. Z0380486
BRAWLEY FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5 RESIDENTIAL
DISTRICT TO B-2 COMMUNITY-BUSINESS
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGID4IA
BEACH, VIRGINIA, THAT:
Application of Olive B. Brawley for a Change of Zoninq
District Classification from R-5 Residential District
to B-2 Community-Business District on certain property
located at the Southwest intersection of the Virginia
Beach-Norfolk Expressway and North Great LNeck Road,
running a distance of 171.12 feet along the West side
of North Great Neck Road, running a distance of 231.72
feet along the Southern property line and running a dis-
tance of 254.11 feet along the South side of the Virginia
Beach-Norfolk Expressway. Said parcel contains .4686 acre.
LYNNHAVEN BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. It should be noted that V.D.H.T. is studyinq
the possibility of locating an interchange at the
intersection of Great Neck Road and the Virginia
Beach-Norfolk Expressway.
4. A variable dedication along South Great Neck
Road.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on the Tenth day of March 1980.
Voting: 9- 0
3/10/80
2 8
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/10/80
2 9@
PLANNING AGENDA
(ITEM II-F.7) ITEM #14852
Attorney H. Calvin Spain represented the applicant.
The following appeared in opposition:
Mrs. Ann Teleis, 1152 Sherry Avenue, presented
PETITIONS in OPPOSITION to the application,
which will be made a part of the record.
Mr. Garland Isdell
Mr. Robert Thompson
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ferrell,
City Council voted to DENY the application of FLO FERRIER for a Con-
ditional Use Permit for a group home for the elderly, as per the
following:
Ordinance upon application of Flo Ferrier for a
Conditional Use Permit for a group home for the
elderly on certain property located on the North
side of Nolan Avenue beginning at a point 440
feet East of Milissa Street, running a distance
of 97.67 feet along the North side of Nolan Avenue,
running around a curve in a Northerly direction a
distance of 98.20 feet, running a distance of
120.70 feet in a Northwesterly direction, running
a distance of 115.23 feet in a Northerly direction,
runnirq a distance of 48.83 feet along the Northern
property line and running a distance of 202.63 feet
along the Western property line. Said parcel contains
.442 acre. KEMPSVILLE BOROUGH.
Voting: 9-0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ IO/ 80
- 30 -
PLANNING AGENDA
(ITEM II-F.8) ITEM #14853
Attorney H. Calvin Spain represented the applicant and presented
PV-TITIONS in FAVOR of the application. The PETITIONS will be made
a part of the record.
Mrs. Georgia M. Gruitt also appeared in favor.
Attorney William Drinkwater appeared in opposition representing
residents in the neighborhood, and presented petitions which
will be made a part of these proceedings.
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to APPROVE the application of Darrel J. Hughes for a
Variance, as per the following:
Subdivision Variance - Appeal from Decisions of
Administrative Officers in regard to certain
elements of the Subdivision ordinance, Subdivision
for Darrel J. Hughes. Property located at the
Northwestern extremity of Trading Point Lane.
Plats with more detailed information are available
in the Department of Planning.
The applicant requests a variance to Section 4.4(b)
of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning
Ordinance. The applicant wishes to subdivide a
site located at the northern extremity of Trading
Point Lane into two lots.
Voting: 6-3
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., J.
Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, and Meyera
E. Oberndorf
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 1 O/ 80
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PLANNING AGENDA
(ITEM II-F.9) ITEM #14854
Mrs. Bernice Stevens appeared in behalf of the applicant.
Upon motion by Councilman Ervin, seconded by Councilman Holland,
City Council voted to APPROVE the application of GERALDINE Y.
STEPHENS for a Variance, as per the following:
Subdivision Variance - Appeal from Decisions
of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision
for Geraldine Y. Stephens. Property located on the
west side of Back Cove Road, 1100 feet more or less
South of Shorehaven Drive. Plats with more detailed
information are available in the Department of
Planning.
The applicant requests a variance to Section 4.4(b)
of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning
Ordinance. The applicant wishes to subdivide a
site located on the West side of Back Cove Road,
approximately 1,100 feet South of Shorehaven
Drive, into two lots.
Voting: 8-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., J. Curtis Payne, and
Roger L. Riggs
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 10 80
32-
PLANNING AGENDA ITEM #14855
(ITEM II-F.10)
COUNCILMAN HOLLAND LEFT CHAMBERS
COUNCILMAN PAYNE LEFT CHAMBERS
Upon motion by Councilman Riggs, seconded by Acting Mayor McCoy,
City Council voted to DEFER FOR ONE WEEK the following Ordinance
to amend and reordain Section 4.5 of the Subdivision Ordinance
relating to public sites and open space:
Voting: 7-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Acting Mayor J. Henry McCoy,
Jr., Meyera E. Oberndorf, and Roger L. Riggs
Council Members Voting Nay:
None
Council Me@ers Absent:
Clarence A. Holland, Donald W. Merrick, J.
Curtis Payne, and Mayor Patrick L. Standing
3/10/80
3 3 -
ORDINANCE -@O AMENO AND REORDAIN
SECTION 4.5 OF THE SUBDIVISION
ORDINANCE OF THE CITY OF
VIRGit4IA BEACH, VIRGINIA, RELATING
TO PUBLIC SITES AND OPEN SPACES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 4.5 of the Subdivision Ordinance of the
City of Virginia Beach, Virginia, is amended as follows:
4.5 Public Sites and open Spaces
It is required that residential developers meet the
following recreational open space requirements to
serve the residents of their developments:
(a) The developer shall reserve within his sub-
division a parcel of land for open space and
recreational purposes according to the following
rates:
% of Total Land Required
Lot Size for Open Space
Less than 5,000 sq. ft. 15%
5,000 sq. ft. - 7,499 sq. ft. 12%
7,500 sq. ft. - 9,999 sq. ft. 10%
10,000 sq. ft. - 14,999 sq. ft. 8%
15,000 sq. ft. - 19,999 sq. ft. 7%
20,000 sq. ft. - 29,999 sq. ft. 6%
30,000 sq. ft. - 39,999 sq. ft. 5%
greater than 40,000 sq. ft. 3%
However, in subdivisions where the resulting area
to be reserved for recreational purposes would be
less than two acres, there shall be no reservation
of land required.
(b) As an alternative to the requirement in (a) above, if
mutually agreed to by the City and the developer, the
developer may elect to meet the recreational open
space requirement by one of the following methods:
(1) The developer may dedicate at no cost to the
City a parcel of land equal in size to one-
half the area derived from (a) above.
(2) The developer may dedicate at no cost to the
City a parcel of land lesser in size than one-
half the area derived from (a) above, provided
that he also installs facilities or other iTq-
provements on an approved schedule so that the
total recreational amenity provided is in the
opinion of the Planning Director equivalent to
that which would be provided by (a) above.
3/ 10/ 80
- 34-
(3) Any other arrangement mutually agreed to by
the City and the developer, provided that the
recreational amenity made available is
equivalent to that which would be provided by
(a) above.
(c) As a further alternative to the requirements in (a)
and (b) above, the developer may establish a Home-
owner's Association to own and maintain open space
and facilities provided for in (a) or (b) above in
perpetuity, provided, however, that the Homeowner's
agreement be reviewed and approved by the Planning
Director and the City Attorney. It must be demon-
strated that the Homeowner's Association will have
the capability to adequately maintain those facilities
to be owned by it. The amount of open space provided,
and the nature and extent of facilities or other
improvements provided must be sufficient in the opinion
of the Planning Director to constitute a recreational
amenity equivalent to that which would otherwise be
provided by (a) above.
(d) All land provided for recreation must be easily
accessible from all the lots of the subdivision
and must be located on land well suited for
recreational purposes. No land whose use for
recreational purposes is significantly impeded
by the presence of easements, soil conditions,
topographic conditions, or other similar factors,
shall be included as land set aside for recreation.
(e) The developer must provide clearly defined street
and pedestrian access to the open space areas.
(f) Any reservation of land for public acquisition and
use required under this provision shall be void if
not executed within five years from the date of
recordation of the subdivision agreement, provided,
however, that the City Council may release such
reserved land at an earlier date if it is found to
be no longer necessary to the public purpose. The
compensation due the developer shall be an expressed
element of the subdivision agreement.
(g) The developer shall be required to show in dotted
lines on the final plat how he will develop any
reserved areas in the event that the City elects
not to acquire the reserved property.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
3 / I O/ 80
3 5-
ITEM #14856
ORDINANCE TO APPROPRIATE FUNDS
FOR THE COMMUNITY MENTAL HEALTH
REHABILITATION UNIT IN THE AMOUNT
OF $29,740
WHEREAS, the Department of Mental Health and Mental
Retardation has identified a need to increase the level of
programming for the Community Mental ilealth Rehabilitation
Unit; and,
WHEREAS, this increased level of programming will
provide the'more severely impaired mental health clients the
maximum opportunity for recovery, growth and productivity;
and,
WHEREAS, the State Department of Mental Health and
Mental Retardation will provide funds in the amount of $29,740
for this purpose.
NOW, THEREFORE, BE TT ORDATNED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That the City Manager is hereby authorized to accept
the Grant for the City and also the funds, in the amount of
$29,740, for the Community Mental Health Rehabilitation Unit.
BE IT FURTHER ORDAINED that the appropriations be
finan6ed by $29,740 Estimated Revenue from the State Department
of Mental Health and Mental Retardation.
FIR8T READING: March 10, 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
COUNCILMAN HOLLAND RETURNED TO CH@IBERS.
Upon motion by Councilman Ferrell, seconded by Councilman Holland,
City Council voted to APPROVE the Ordinance to appropriate funds
for the Community Mental Health Rehabilitation Unit in the amount
of $29,740.
Voting: 9-0
3/ 10 80
3 6
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 10/ 80
3 7-
BIDS
(ITEM II-G.2.a) ITEM #14857
The following bids have been received for the Administration Building
Alterations, Phase II:
Bear Construction $307,321.00
Whitfield/Gee Construction Co. $324,000.00
Commercial Builders, Inc. $327,042.00
George Jenson, Inc. $328,125.00
W. M. Meredith, II, Inc. $329,500.00
J. B. Denny Construction $331,000.00
Hudgins Construction Company $338,427.00
Olsen Contractors $339,200.00
L. J. Hoy, Inc. $343,639.00
W. M. Jordan, Inc. $383,600.00
E. T. Gresham $386,700.00
Architectural Estimate $440,000.00
Upon motion by Councilman Baum, seconded by Councilman Payne, City
Council voted to APPROVE the low bid of Bear Construction in the
amount of $307,321.00 for the Administration Building Alterations,
Phase II; and, further authorized the City Manager to enter into
the necessary agreements for the implementation of this project.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. llenry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Rigqs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 10 80
3 8-
MUNICIPAL CENTER
OFFICE OF T.E CITY CLERK 26 February 1980 VIRGINIA BEACH. VIRGINIA 23.56
I
The Honorable Mayor
Members of City Council
Good liorning:
January 7, 1980 a copy of the By-La@qs of the
was forwarded for your consideration. This matter came to the Informal Ses-
sion of City Council and was referred back to the Citizens Advisory Co=ittee
for revision.
This date we have received a letter from Mrs. Elizabeth @IcClane, Secre-
tary of the Advisory Co=ittee, copy of which is attached and self-explanatory.
Section 2, Article 1, which is on page one, has been revised to read:
SECTION 'n4O, ELECTION AiD MNIOVAL: THE CITIZENS
ADVISORY CO@,LNIITTEE SHALL CONSIST OF ME@EBERS AP-
POINTED BY THE VIRGINIA BEACH CITY COUIICIL. NIEM-
BERS MUST ATTEND NINE OUT OF T@@ELVE MEETINGS AN-
NUALLY TO @IAI,.%-TAIN T@IBERSHIP. THE TE@l OF OFFICE
FOR ME@FBERS SHALL BE THREE YEARS.
@irs. McClane has also brought to our attention recommendations for ap-
pointments to tiie Citizens Advisory Committee for the Housing and Conununity
Development, namely:
Mary Estelle Evans - George Washington Park
Beverly Ann @ioodhouse - Atlantic Park
Evone Lovitt - Gracetown
John Logan Perry - Burton Station
June Hodges @lyers - At-Large (Residence: Bayside)
Your attention to the request for approval of By-Laws and appoititment of
members to the Citizens Advisory Committee for tlie Housing and Community Develop-
ment is urgently requested.
Respectfully,
Rtitli Ilod@es Sniith
City CIC!rk
b
-3 9-
OLD BUSINESS
(ITEM II-H.1) ITEM #14858
Up6n motion by Councilman Payne, seconded by Councilman Holland,
City Council voted to DEFER FOR ONE WEEK the following By-Laws
for the Citizens Advisory Committee on Housing and Community
Development:
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council '4embers Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 10/ 80
-4 0-
APPOINTMENTS
(ITEM II-H.2) ITEM #14859
Council DEFERRED FOR ONE WEEK action on the appointments to
Boards and Commissions.
APPOINTMENTS
(ITEM II-11.3) ITEM #14860
Acting Mayor McCoy APPOINTED the following to study the "Disclosure
ordinance":
Councilman John A. Baum
Councilwoman Barbara M. Henley, Chairperson
City Attorney J. Dale Bimson
NEW BUSINESS
(ITE21 II-I.1) ITEM #14861
The City Clerk read the following Resolution requested by Councilman
Ferrell:
R E S 0 L U T I 0 N
WHEREAS, on March 2, 1980, the City of Virginia Beach
was faced with a state of emergency due to the heavy snow and
wind storms that comprised the "Blizzard of 1980"; and,
WHEREAS, due to the extreme weather conditions that
existed there was a condition of peril to life and property to
the citizens of the City of Virginia Beach; and,
WHEREAS, the response from the public and private sector
to meet this emergency was well received; and,
3/10/80
-4 1-
WHEREAS, due to the reaction of the public and private
sector to this emergency, injury to life and property was kept
at a minimum.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TBE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT the City employees and many volunteer citizens
and organizations, as well as the various military units, who
gave their time, efforts and talents in rendering vital services
to the citizens of the City are hereby recognized for their
valiant participation in this time of emergency.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the -Tenth day of March 1 1980.
Upon motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Resolution recognizing the City
Employees, many volunteer citizens and organizations, and the various
military units, who gave their time, efforts and talents in rendering
vital services to the citizens of the City of Virginia Beach.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 1 080
4 2-
NEW BUSINESS
(ITEM II-I.2) ITEM #14862
Councilwoman Oberndorf made a motion, seconded by Councilwoman
Henley, to DELETE the second set of steps from the tunnel, which
cost approximately $31,000.
Councilman Ervin offered a SUBSTITUTE MOTION, seconded by Councilman
Baum to DEFER ONE WEEK action on Councilwoman Oberndorf's motion
(to delete the second set of steps from the tunnel, which cost
approximately $31,000).
Deferral is to permit the City Manager to meet with the contractor,
under the terms of the contract, and discuss the approximate amount
it would cost the City to delete the steps.
The recorded vote on the SUBSTITUTE MOTION is as follows:
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. llolland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick, and Mayor Patrick L. Standing
3/ 1 080
-4 3-
ADJOURNMENT
(ITEM II-J) ITEM #14863
Upon motion by Councilman Payne, seconded by Councilman Baum, and
by ACCLAMATION, City Council adjourned at 4:00 p.m.
iane M. Hic
City of Virginia Beach,
Virginia
10 March 1980
h
3/10/80
.. I /