HomeMy WebLinkAboutNOVEMBER 19, 1979
CITY OF VIRGINII BEICI
MUNICIPAL CENTER
@,gt R.,t dibj, VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, L.,g. CLARENCE A. HOLLAND, M.D., B.y,id@ B.@.gb
VICE MAYOR J. HENRY M,COY JR., D.D.S., K..p.@ill, B...gh DONALD W. MERRICK, Ly..h.... B.-.gb
JOHN A. BAUM, B.@.gb MEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, A, L.,g@ J. CURTIS PAYNE, P,i@c@@. A... B .... gh
GEORGE R. FERRELL, A, L.,g. ROGER L. RIGGS, Vigi@i. B..@h B.,..gb
BARBARA M. HENLEY, P..g. B.@.gb RUTH HODGES SMITH, City Cl.,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: MONDAY, 19NOVEMBER 1979 - 12:00 p.m.
A. CALL TO ORDER - Mayor Patrick L. Standing
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Presentation by Captain Danny J. Michaels of Oceana:
-Biscussion concerning noises, disclosure statements
in high noise zones, and sound attenuation for con-
struction in high noise zones.
2. Expansion of Industrial Revenue Bonding: Discussion.
3. 30th Street Restrooms: Discussion of proposed rest-
rooms.
4. Inventory of Counterfeit "No Parking" Signs in Beach
7iorough: Discussion. 1
5. Mobile Home Ordinance: Discussion of item on formal
agenda.
6. Expansion of City Garage: Detailed explanation of
proposed expansion.
7. Legal Advertising Costs: Discussion.
8. Satellite Parking Lot at 19th and Pacific Avenue: Dis-
cussion of item on formal agenda.
ITEM II FORMAL SESSION: MONDAY, 19 NOVEMBER 1979 - 2:00 p.m.
A. INVOCATION - Reverend Robert D. Friend
Eastern Shore Chapel
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF REGULAR PREVIOUS MEETING
1. Correction of Minutes October 1, 1979 to correct the record
of Item #14242 (Item II-H.2).
2., Motion to accept/approve the Minutes of 5 November 1979.
E. RESOLUTIONS
1. Resolution stating the City of Virginia Beach will be respon-
sible for making arrangements for the adjustment and/or relo-
cation of certain utilities in regard to the Providence Road
Phase IV project and for the installation of any new facilities.
a. Cit Mana er's letter recommends a roval.
ITEM II 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. Ordinance to amend Chapter 33 of the Code of the City of
Virginia Beach relating to taxation by adding a new section
relating to an annual license tax on automobiles not dis-
playing current license plates and which are not exempt pur-
suant to general law.
a. City Manager's letter reconmends approval.
2. Ordinance to amend Section 2-34 of the Code of the City of
Virginia Beach relating to administration of the Basic Pay
Plan.
a. City Manager's letter recommends approval.
3. Ordinance to amend and reordain Section 5-7 of the Code of
the City of Virginia Beach relating to Bird Sanctuaries.
a. City Manager's letter recommends approval.
4. Application of Friends School, Inc. for a raffle permit.
a. City Manager's letter recommends approval.
5. Request of Mr. John T. Atkinson, City Treasurer, for Tax Re-
funds in the amount of $896.33.
a. City Manager's letter recommends approval.
H. PLANNING ITEMS
1. Application of Smiley Chow for a @n of @gning from 0-1
Office District to B-3 Central-Business District on an 11.4
acre parcel,
AND a chali& onin from 0-1 Office District to B-3 Cen-
tral-Business District on a 7.4 acre parcel.
These parcels are located at the northeast and southeasi
corners of Lynnhaven Parkway and Potters Road (Lynnhaven
Borough).
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval,
AND, notes this recommendation is contrary to Council's
adoption of the Comprehensive Plan.
2. Application of Virginia Ventures, Inc. for a change of zoning
n
from R-5 Residential District to @-TApartme t @is rict on a
2.43 acre parcel located on the west side of South Oriole
Drive, south of Laskin Road (Lynnhaven Borough).
a. City Manager's letter transmits' therecommendation of the
Planning Commission for approval.
ITEM II H. PLANNING ITEMS (continued)
3. Application of Rufus S. and Norma F. Jordon for a change of
zoning from R-5 Residential District to B-2 Community-Busi-
ness District on a .5 acre parcel located at the northwest
corner of Salem Road and Recreation Drive (Kempsville Borough).
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
4. Application of DeFord, Limited, for a@an _@of_zR@n from
R-5 Residential District to R-8 Residential District on a
74.62 acre parcel located north of Newtown Road, at the term-
inus of Broad Meadows Boulevard (Bayside Borough).
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
5. Application of Seawall Enterprises for a variance to Section
4.4(b) of the @ubdivision Ordinance which requires lot dimen-
sions to conform to the Comprehensive Zoning Ordinance. This
7,750 square foot site is located on the south side of Ocean
View Avenue, west of the Chesapeake Bay Bridge Tunnel and con-
sists of two lots. (Bayside Borough).
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
6. Application of Seawall Enterprises,-Inc. for a conditional use
permit for dune disturbing activity on a .17 acre parcel loca-
ted on the south side of Ocean View Avenue, west of the Chesa-
peake Bay Bridge Tunnel (Bayside Borough).
a. City Manager's letter transmits the reconnnendation of the
Planning Commission for approval.
7. Application of Gulf Oil Company - U. S. for a conditional use
permit for an automatic car wash on a 1.131 acre parcel loca-
ted on the north side of Northampton Boulevard, east of Baker
Road (Bayside Borough).
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
8. Application of Cox Cable of Tidewater for a conditional use
permit for a cable television tower on a .23 acre parcel loca-
ted on the west side of Phillip Avenue, south of Laskin Road
(Lynnhaven Borough).
a. City Manager's letter transmits the recommendation of the
Planning Commission for ova!.
9. Application of Gulf Oil CoTpany - U. S. for a conditional use
permit for an automobile service stati@on and automatic car wash
on a 1.029 acre parcel located at the southwest corner of
Virginia Beach Boulevard and Rosemont Road (Lynnhaven Borough).
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
10. Application of George Holmes for a conditional-.,use permit for
a home for the g@ed n a E.-5 acre parcel located at the north-
east corner of Bonney Road and Budding Avenue (Kempsville
Borough).
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
ITEM II H. PLANNING ITEMS (continued)
11. Application of The Norfolk District Board of Miss o@n@, c.
for St. Luke's United Methodist Church for a conditional use
permit for a church on a five acre parcel located at the
northeast corner of Holland Road and Stoneshore,Road (Princess
Anne Borough).
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
12. Application of Robert M. Epstein for a variance to Section
4.4(b) of the Subdivision Ordinance which requires lot dimen-
sions to conform to the Comprehensive Zoning Ordinance. He
wishes to subdivide an 8,750 square foot parcel located at the
southwest intersection of 60th Street and Oceanfront Avenue into
two lots.
Deferred on October 22, 1979 to-date.
a. City Manager's letter transmits the recommedation of the
Planning Commission for denial.
And, notes the applicant is requesting withdrawal of this
request for a variance.
13. Application of Ev@ . Vau han for a variance to Section
4.4(b) of the Subdivision Ordinance which requires lot dimen-
sions to conform to the Comprehensive Zoning Ordinance. She
wishes to subdivide an approximately 4.86 acre site located on
the west side of Lynnwood Drive, north of Whip-Poor-Will Point,
into three lots.
Deferred on October 22, 1979 to-date.
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
14. Application of James and Jean Drinko for a chap@ot zoni@
from R-6 Residential District to R-8 Residential District on
two parcels totalilig 3.89 acres located on both sides of Riddle
Avenue, south of Airstation Drive (tynnhaven Borough).
Deferred on September 10, 1979 and October 15, 1979.
a. City Manager's letter transmit8 the recommendation of the
Planning Commission for denial.
15. Application of Virginia National Bank for a change of zoning
from R-5 Residential District to -@l Light n@du@@@al District
on a 7.434 acre parcel located on the east side of Hodgman
Road, south of Shell Road (Bayside Borough).
Deferred on October 8, 1979 to-date.
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
16. Application of.Coite B. Rudacil for a change of zoning from R-4
Residential District to R-9 Residential Townhouse District on
two parcels, totalling 8.112 acres located east of Independence
Boulevard and north of Wishart Road (,Bayside Borough).
Denied by City Council on September 11, 1978.
Circuit Court Judge Robert S. WAhab has ordered City Council to
reconsider this application.
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
ITEM II H. PLANNING ITEMS (continued)
17. Application of Coite B. Rudacil and Robert S. Sewell for
a change of zoning from R-4 Residential District to A-2
Apartment District on a 2.077 acre parcel located on the
north side of Wishart Road, east of Independence Boulevard
(Bayside Borough).
Denied by City Council on September 11, 1978.
Circuit Court Judge Robert S. Wahab has ordered City Council to
reconsider this application.
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
I. ORDINANCES
1. General
a. Ordinance to amend and reordain Sections 35-4 and 35-5 of
the Code of Virginia Beach pertaining to Mobile Homes.
1 . City Manager's letter recommends adoption.
b. Ordinance to amend and reordain Section 23-12.1 of the
Code of Virginia Beach pertaining to Bingo Games and
Raffles.
1. City Manager's letter recommends adoption.
2. Second Readings
a. Ordinance to appropriate funds of $15,000 to t@e Tidewater
Virginia Development Council (TVDC)
b. Ordinance to appropriate $489,080 for the air conditioning
of Linkhorn Park and Seatack Elementary Schools.
C. Ordinance to allocate additional positions and appropriate
$53,577 to the Social Services Department.
3. Appropriations
a. First Readings
1. Ordinance to appropriate $317,967 for the State Fuel
Assistance Program.
a. City Manager's letter recommends approval.
2. Ordinance to appropriate $420,000 for site acquisition
in the Beach Borough.
a. City Manager's letter recommends approval.
3. Ordinance to appropriate $17,520 for the removal of
Potter's Sand Fence.
a. City Manager's letter recommends approval.
b. Bids
1. Low bid of Gavco Corporation in the amount of $105,000.00
for Bayville Park Project, Contract II,
AND, authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
ITEM II 1. ORDINANCES (continued)
3. Appropriations
b. Bids
2. Low bid for the Sanitary Sewerage Facilities, Avalon
Hills,.
Contract-I
Inner-View, Ltd. in the amount of $259,928
Contract II
Crowder Contracting Copmany, Inc. in the amount of
$127,700
AND, authorize the City Manager to enter into the
necessary agreements for the implementation of this
project.
3. Rose Hall Development Bid-$306,000.00
a. City Manager's request for authorization to trans-
fer the City's ownership of 12.8 acres, more or
less, for the construction of a colonial-style
apartment complex contingent upon acceptable finan-
cing within 120 days, to Rose Hall Associates.
J. OLD BUSINESS
1. Boards and Commissions - Appointments
2. Council Matters.
K. NEW BUSINESS
1. General Election Results - November 6, 1979
a. Accept as received from the General Registrar and
record as certified by the Electoral Board.
2. Motion to cancel or dispense with the Christmas Eve (,December
24, 1979) Regular @leeting of Council.
3. Council Matters.
L. ADJOURNMENT.
1. Motion for adjournment.
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
November 19, 1979
,T'he regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Patrick L. Standi-ngl in
the Conference Room, in the Administration Building, on Monday,
November 19, 1979, at 12:00 Noon.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Absent:
Meyera E. Oberndorf
ITEM #14396
Mayor Standing entertained a motion to permit Council to conduct
an I@IFORMAL 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 per-
taining to actual or potential litigation, or
other legal matters within the jurisdiction of
the public body. (Legal Matters).
On motion by Councilman Payne, seconded by Vice Mayor McCoy, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
-2
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
PRESENTATION BY CAPTAIN DANNY ITEM #14397
J. MICHAELS OF OCEANA.
The City Manager indicated he received a request from Captain Danny
J. Michaels, Commanding Officer of Oceana Naval Air Station, to appear
before Council in the INFORMAL SESSION to discuss noises, disclosure
statements in high noise zones, and sound attenuation for construction
in high noise zones.
Captain Michaels stated since his arrival at Oceana he has been
very interested in working with the City of Virginia Beach, and
the builders in the City in trying to alleviate the noise in the
vicinity of Oceana Naval Air Station. In September or October
of 1978, Captain Michaels sent to Council a letter concerning
the cooperation between the City and Oceana, the AICUZ Program,
and the Truth in Sales Ordinance, which Oceana would like to
have brought forth for adoption.
Captain Michaels, working with Lieutenant Commander Sam Jackson,
feel "the possible adoption of an Airport Zone" may help the City
and Oceana by making more compatible zonings around the AICUZ area.
Captain Michaels noted that the City was presenting to its Legislators,
in the Legislative Package, a Truth in Sales Ordinance.
Lieutenant Commander Sam Jackson appeared regarding this matter, and
indicated he wished to discuss with Council the "Airport Zoning".
Around Oceana there are several incompatible land uses, and zoning
some of the land "Airport" would alleviate many of these problems.
Commander Jackson presented to Council a draft regarding building
requirements for a minimum sound level reduction of 25dB; and, the
permitted and restricted land uses and minimum noise level reduction
requirements for structures.
Council requested the City Manager and Staff to study the proposals
of Captain Michaels and Commander Jackson, and bring their recom-
mendations to Council for their consideration.
EXPANSION OF INDUSTRIAL ITEM 14398
REVENUE BONDING.
The City Manager indicated in recent years the General Assembly has
expanded the uses of Industrial Revenue Bonds far greater than what
the City's existing Charter allows. Their expansion is under General
Statute Provision, which enables all localities, unless they have
special restrictions, to allow Industrial Revenue Bond financing
for economic development in any aspect of development in a Municipality.
Some of the allowable uses are:
1. Warehousing/Manufacturing
2. Automotive Dealerships
3. Savings and Loans/Banks
4. Apartment projects/housing
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EX'4IBIT A
ARTICLE VII BUILDING REOUIRF2-IENTS FOR A MINIMUM
SOUND Lr.@-L REDUCTIO.-14 OF 25 dB
Section 7-1 Compliance
Compliance with the following standards shall be deemed to meet the requirements
of the various noise zones of this ordinance in which an SLR 25 is specified.
Section 7-2 General
A. Brick veneer, masonry blocks or stucco exterior walls shall be constructed
airtight. All joints shall be grouted or caulked ai.rtight.
B- At the penetration of exterior walls by pipes, duc-@s, or conduits tlie
space between the wall and pipes, ducts or condui-,S shall be caulked or
filled with mortar.
C. lqindow and/or through-the-wall ventilation units slizll not be used.
D. Through-the-wall/door mail boxes shall not be used.
Section 7-3 Exterior Walls
A. Exterior walls other than as described in this sec:tion shall have a
laboratory sound transmission class --ating of at least STC-39.
B. Masonry walls having a surface weight of at least 25 pounds per square
foot do not require a furred (stud) interior wall. At ].east one surface
of concrete block@walls shall be plastered or pain-led with heavy "bridging"
paint.
C. Stud walls shall be at least 4" in nominal dep--h ai@d shall be f-@Inished
on the outside with siding-on-sheathing, stucco, o-- bri.c.'z veneer.
1. Interior surface of the exterior walls shall be of cjypsum board or
plaster at least 1/2" thick, installed on the sttds-
2. Continuous composi-tion board, plywood or gypsj,,n hc,ard sheathing
at least 1/2" thick shall cover the exterior side of the wall studs
behind wood, or metal siding. Asphaltic or wood shake shingles are
acceptable in lieu of siding.
3. Sheathing panels shall be butted tightly and covered on the exterior
with overlapping building paper. The top and boltom edges of the
sheathing shall be sealed.
11/19/79
4-
4. Insulation material at leat 3" thick shall be installed con-
tinuously throughout the cavity space behind the exterior
sheathing and between wall studs. Insulation shall be glass
fiber or mineral wool.
Section 7-4 Windows
A. Windows other than as described in this section shall have a
laboratory sound transmission class rating ol- at least STC-28.
B. Glass shall be at least 3/16" thick.
C. All operable windows shall be weatherstripped and airtight ivhen closed
so as to conform to an air infiltration test not to exceed 0.5
cubic foot per minute per foot of crack length in accordance with
ASTi4 E-283-65-T.
D. Glass of fixed-sash windows shall be sealed in an airtight manner
with a non-hardening sealant, or a soft elastomer gasket or glaz-
ing tape.
E. The perimeter of window frames shall be sealed airtight to the
exterior wall construction w-'@th a sealant conforming to one of the
following Federal Specifications: TT-S-00227, TT-S-00230, or
TT-S-00153.
P. The total area of glass in both windows ana doors in sle--ping spaces
shall not exceed 20% of the floor area.
Section 7-5 Doors
A. Doors, other than as described in this section shall have a
laboratory sound transmission class rating of at least STC-28.
B. All exterior side-hinged doors shall be solid-core wood or insulated
hollow metal at least 1-3/4" thick and shall be fully weatherstri,,aped.
C. Exterior slidirig doors shall be weatherstkipped with an @efficient
airtight gasket system with performance as specified in Section 7-4.C.
The glass in the sliding doors shall be at least 3/16" thick.
D. Glass in doors shall be sealed in an airtight non-hardening sealant,
or in a soft elastomer gasket or glazing tape.
E. The perinieter of door frames shall be sealed airtight to th-- exterior
wall construction as described in Section 1-4.E.
11/19/79
5 -
Section 7-6 Roofs
A. Combined roof and ceiling construction other than described in this
section and section 7-7 shall have a labora-lory sound transmission
,class rating of at least STC-39.
B. WiVn an attic or rafter space at least 6" deep, and with a ceiling
below, the roof shall consist of closely butted 1/2" composition board,
plywood or cjypsum board sheathing topped by roofing as reqliired.
C. If the underside of the roof is exposed, or if the attic or rafter
spacing is less than 6", the roof construction shall have a surface
weight of at least 2S pounds per square foot. Rafters, joists or
other framing may not be included in the sur-face weight calculation,
D. Window or dome skylights shall have a lalborato--y sound t@ansmission--
class rating of at least STC-28.
Section 7-7 Ceilings
A. Gypsum board or plaster ceilings at least 1/2" thick shal-1 be pro-
vided where required by Paragraph 7-6.B above. Ceilings shal.1 be
substantially airtight, with a minimum number of penetrations.
B. Glass fiber or mineral wool insulation at least 3" thick shall be
provided above the 6eiling between joists.
Section 7-9 FloorS
A. Openings to anycrawl spaces below the floor of the lowest occupied
rooms shall not exceed 2% of the floor area of the occupied rooms.
Section 7-9 Ventilation
A. A mechanical ventilation system shall be @talled that will
provide the minimum air circulation and fresh air supply requirements
for various uses in occupied tooms, without @le need to open any
windows, doors, or other openings to the exterior.
B. Gravity vent openings in attic shall not exceed code minil-,ItLn @in
number and size.
C. If a fan is used for forced ventilation, the attic inlet and dis-
charge openings shall be fitted with sheet me@-al trans"er ducts of
at least 20 gauge steel, which shall he lined with 1" thick coated
glass fiber, and shall be at least 5 ft. long with one 900 bend.
11/19/79
6-
D. All veat ducts connnecting the interior space to the outdoors,
excepting domestic range exhaust ducts, shall contain at least a 5
ft. length of internal.sound absorbing duct lining. Each duct Shall
be provided with a bend in the duct such that there is no direct line
of sight through the duct from the venting cross section to the room-
opening cross section.
E. Duct lining shall be coated glass fiber duct liner at least I"
thick.
F. Domestic range exhaust ducts connecting the interior space to the
outdoors shall contain a baffle plate across the exterior termination
which allows proper ventilation. The dimensions of the baffle plate
should extend at least one diameter beyond the line of sigh-@ into
the vent duct. The baffle plate shall be of the same material and
thickness as the vent duct material.
G. Fireplaces shall be provided with well-fi-tted dampers.
11/19/79
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EXHIBIT B
PERMITTED AND RESTRICTED LAND USES AND M-INI@
NOISE LEVEL REDUCTION REQUIRE14ENTS FOR STRUCTURES
P-PERMITTED
N-NOT ALLOWED
LAND USE NOISE ZONES
MODERATELY
ACTIVITIES AND LAND USES* LOW LEVEL LOW LEVEL HIGH LEVEL
(Ldn 65) (Ldn 65-75) (Ldn 75)
ZONE 1 ZONE 2 ZONE 3
Residential - Single Family,
Mobile Home p PW/NLR 25 N
Residential -Multi-Family, Group
Quarters, Residential Hotels p PW/NLR 25 N
Transient Lodging - Hotels, Motels p PW/NLR 25 PW/NLR 35
Industrial/Manufacturing p p3 p
Transportation, Utilities p p p
Ca=unications (noise sensitive) p p PW/NLR 30
Commercial/Wholesale Trade p p p
Retail - Building Materials p p p
Retail - Food, General Merchandise 4 p p PW/NLR 30
Retail - Eating and Drinking
Places p p PW/NLR 30
office, Personal Business and
Professional Services p p PW/NLR 30
Educational and Institutional 6 p PW/NLR 25 N
Cemeteries p p p
Playground, Neighborhood Parks p p N
Community and Regional Parks p p N
Spectator Sports Including Arenas p p N
8 p p3 p1
Golf Course, Riding Stables
Auditori,-q, Concert Halls p PW/NLR 35 N
Outdoor Amphitheaters, Music Shells p N N
Agriculture 9 p p12 p10
See following page for notes
11/19/79
NOTES
(1) An NLR 35 shall be incorporated into tbe design and con-
struction of portions of these buildings:wher6 the public is received,
office areas or where the arnbient noise level is low.
(2) An NLR 30 shall be incorporated into the design and con-
struction of portions of these buildings where tbe public is received,
office areas or where the ambient noise level is low.
(3) An NLR 25 shall be incorporated into the design and con-
struction of portions of these buildings where the public is received,
office areas or where the ambient noise level is low.
(4) Retail stores, clothing stores, department stores, food and
dairy markets, barber shops, beauty shops, new and used car sales.
(5) Professional and financial offices, banks, savings and loan
associations, mortgage bankers, insurance offices, real estate
offices, architects, engineers, attorneys at law, decorators.
(6) School classrooms, libraries, churches, hospitals.
(7) Facilities shall be low intensity.
(8) Includes driving ranges, miniature golf courses.
(9) Includes farms, orchards, nurseries, greenhouses.
(10) Residential structures not permitted.
(11) Residential buildings require an NLR of 30.
(12) Residential buildings require an NLR of 25.
11/19/79
-9
However, the individual applying for Industrial Revenue Bonds must
have good sound financial dealings as the Bond, itself, is solely
backed by the good faith and credit of that Organization, and not
by the Municipality.
The City Manager indicated he wished Council's input on including
in the Legislative Package the request to be placed in the same
Competitive Statute for the Industrial Revenue Bonding capabilities
as Norfolk, Chesapeake, etc. It would require, however, Council to
have full-faith in the Tndustrial Development Authority.
Mr. Alfred Craft, President of the Industrial Development Authority,
appeared regarding this matter. The Authority has discussed the
Industrial Revenue Bonds for several months, and being under the
"Special Act" has placed a hardship on the City and the Authority.
Council requested a Public Hearing on this matter in January of
1980, which will be when the Legislative Package is discussed.
This will enable merchants in Virginia Beach to give their input
into this matter.
30TH STREET RESTROOMS ITEM #14399
The City Manager indicated Council requested deferral of the 30th
Street restrooms (October 8, 1979) until such time as a review by
Council of the schematic of the restroom had been completed.
The City Manager presented to Council the proposed site plan to
30th Street. The restooms are two basic buildings. There is a
series of steps, ramp for the handicapped on the North side, and
on the South side there are no steps, easy access and barrier free.
Mr. Wiley Cook, Architect, appeared regarding this matter, indicated
the restooms are basically the same as the ones on 17th Street,
with the exception of the shower. Tt will be constructed from
fluted block.
INVENTORY OF COUNTERFETT ITEM #14400
"NO PARKING" SIGNS IN
BEACH BOROUGH.
The City Manager indicated Councilwoman Oberndorf had requested the
City Manager to inventory the number of counterfeit "No Parking"
signs in the Virginia Beach Borough.
The City has prepared an inventory of all illegal or counterfeit
"No Parking" signs, which amount to approximately fifty-nine (59)
signs. The City is in the process of studying the signs, determining
if they are on public or private property. If the signs are on public
propertythe City is requesting the property owner remove the sign.
The City will be working with the Civic Leagues in the Virginia
Beach Borough on this matter, and will be notifying all property
owners
11/19/79
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MOBILE HOME ORDINANCE ITEM #14401(gL)
The City Manager indicated he met with Councilwoman Henley, and
Councilmen Baum and Payne, to discuss the Mobile Home Ordinance.
There are approximately 159 mobile homes (free-standing) some
with permits and some without. The mobile home's are located in
the southern portion of the City-
A matter that concerns the City Manager is the density which Council
will eventually get in the southern portion of the City, even with
the one (1) acre minimum lot requirement for mobile homes.
The City Manager further indicated there are some changes to the
Ordinance:
1. Defined IMMEDIATE FAMILY;
2. Eliminated requirement of the 400 feet; and,
3. Allow for a temporary permit to be issued for
a period up to nine (9) months if an existing
single-family dwelling is destroyed by fire or
other natural disaster.
THIS MATTER WILL BE ON THE FORMAL AGENDA (November 19, 1979)
EXPANSION OF CITY GARAGE ITEM #14401(4)
The City Manager indicated the major expense is not the building
but the site expansion. The City Garage was not originally developed
without permanent improvements. Improvements will be made along the
frontage, curb and gutter; street widening of LeRoy Drive; and,
paving some areas.
The City Manager presented to Council a site plan of the proposed
expansions.
LEGAL ADVERTISING COSTS ITEM #14402
The City Manager indicated Mayor Standing had discussed this with
Council previously, and the figures given were correct; however,
the Virginian-Pilot for its Sunday edition was $13,693.00 (to
advertise in Sunday's paper only); the Virginian Pilot only (six
(6) days a week) $4,655.00.
If Council wishes advertisement in the Sunday edition of the
Virginian-Pilot an appropriation will be needed; however, if
Council wishes the Virginian Pilot, six (6) days a week) it
can be handled administratively.
SATELLITE PARKTNG LOT AT 19th ITEM #14403
AND PACIFIC AVENUE
The City Manager indicated on November 5, 1979, Council deferred his
recommendation to purchase property at the corner of 19th Street and
Pacific Avenue. This property is anticipated to be used to releive
some of the parking congestion in the Beach Borough during the summer
season.
The PAMPTS (Pacific and Atlantic Movement, Parking and Image Study)
Study identified a need for parking and recommended four (4) satellite
parking areas between Rudee Inlet and 40th Street. No specific
locations were designated since no sites could be determined. The
Arts and Conference Center will provide a 1,000-car parking lot to
11/19/ 79
- 1 1 -
help relieve a tremendous amount of congestion. Also, the City has
recently created a new Municipal parking lot at Rudee Inlet Loop
which will alleviate some parking problems in that area.
The 133 parking spaces made available through the purchase of this
property will not concentrate people on the 19th Street beachfront.
The shuttle service the City will have available next summer will
disperse persons along the beachfront and not inundate any specific
section of the beach.
The purchase is supported by the Virginia Beach Innkeepers, and the
Planning Department feels it is in line with the overall plan for
parking improvements.
THIS MATTER WILL BE ON FORMAL AGENDA
11/19/79
1 2 -
FORMAL SESSION
ITEM #14404
Monday, November 19, 1979
2:00 p.m.
Council Members Present:
John A. Baum, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, J.
Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Absent:
F. Reid Ervin*, and Meyera E. Oberndarf
INVOCATION was given by the Reverend Robert D. Friend, Eastern Shore
Chapel.
PLEDGE OF ALLEGIANCE
(ITEM II-D.1) ITEM #14405 MINUTES-CORRECTION
On motion by Councilman Ferrell, seconded by Councilman Payne, City
Council voted to APPROVE THE FOLLOWING CORRECTION TO THE MINUTES OF
OCTOBER 1, 1979, ITEM 14242 (II-H.2), in the matter of the closure
of "C" Street:
THE RECOMMENDATIONS TO REQUIRE VACATION OF
EXISTING LOT LINES OF THE PROPERTY TO THE
NORTH BY PLAT RECORDATION IN ORDER TO INSURE
THAT ALL LOTS WILL HAVE ACCESS TO A PUBLIC
STREET, WAS DELETED
Voting: 9-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J.
Henley McCoy, Jr., Donald W. Merrick, J.
Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf -
11/19/79
-1 3-
(ITEM II-D.2) ITEM #14406 MINUTES-REGULAR MEETING
On motion by Councilman Ferrell, seconded by Councilman Payne, City
Council voted to APPROVE the minutes of the regular meeting of
November 5, 1979.
VoEing: 9-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
ITEM #14407
COUNCILMAN ERVIN ENTERED MEETING AT 2:05 p.m.
Councilman Baum asked Council to correct the minutes of October 15,
1979, regarding item #14332. Councilman Ervin asked the City Clerk
to supply him with a certified copy of subject minutes for his review
and further discussion with Councilman Baum.
11/19/79
-1 4-
(ITEM II-E.1) ITEM #14408 RESOLUTION
On motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City
Council voted to APPROVE the following Resolution stating the City
of Virginia Beach will be responsible for making arrangements for the
adjustments and/or relocation of certain utilities in regard to the
Providence Road - Phase IV project; and, for the installation of any
new facilities:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Claience A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick, J.
Curtis Payne, Roger L. Riggs, Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
11/19/79
R E S 0 L U T I 0 N
At a meeting of the City Counci,l of Virginia Beach, Virgil
held this 19 day of November 1 9 7 9
the
following resolution was adopt(;d:
WHEREAS, the Highway Department proposes to construct or
otherwise improve a section of Providence Road from WCL Virginia
Beach to Military Highway designated as Highway Project:
UOOO-134-110, C-501; and
WHEREAS, the City Council is responsible for making
arrangements for the adjustment and/or relocation or certain
utilities and for the installation of any new facilities;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
Virginia Beach hereby certifies that all arrangements have been
or will be made for the relocation and/or adjustment of said
utility facilities, and for the installation of any new
facilities. In the event of any justifiable claims from the
road contractor for delays or interference caused by said
utilities, the City of Virginia Beach hereby agrees to be
responsible for said claims, provided it may legally do so and
i further provided that the City is advised in writing by the
Highway Department at the time of delay that the road contractor
intends to file a claim.
Said utilities are identified as follows:
Utility Owner Type of Facility
Virginia Electric and Power Company Electrical
The Chesapeake and Potomac Telephone
Company of Virginia Communication
A copy teste:
Clerk ayor
City of Virginia Beach
11/19/79
1 6-
(ITEM II-G.1) ITEM #14409 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 ON THE FORM LISTED:
On motion by Councilman Merrick, seconded by Vice Mayor McCoy, City
Coun6il voted to DEFER UNTIL DECEMBER 3, 1979, the following Ordinance
to amend Chapter 33 of the Code of the City of Virginia Beach relating
to taxation by adding a new Section relating to an annual license tax
on automobiles not displaying current license plates and which are not
exempt pursuant to general law;
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick
L. Standing
Council Members Voting Nay;
None
Council Members Abs6nt:
Meyera E. Oberndorf
11/19/79
1 7 -
Requested by: Councilman Holland
AN ORDINANCE TO AMEND CIIAPTER 33 OF
THE CODE OF THE CITY OF VIRGINIA BEACH
RELATING Tri TAXATION BY ADDING A NEW
SECTION RELATING TO AN ANNUAL LICENSE
TAX ON AUTOMOBILES NOT DISPLAYING
CURRENT LICENSE PLATES AND WHICH ARE
NOT EXEMPT PURSUANT TO-GENERAL LAW
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 33 of the Code of the City of Virginia Beach,
virginia, is hereby amended and reordained by addihg Division 9
relating to annual license tax on owners of automobiles which do
not display current license plates and which are not exempt by
general law.
There is hereby imposed an annual license tax of fifty
dollars ($50.00) per automobile on owners of automobiles located
in the City which do not display current license plates and which
are not exempt from the requirementsof displaying such license plates
under provisions of Sections 46.1-42 through 46.1-49 and 46.1-119
and 46.1-120, Code of Virginia of 1950, as amended, are not in a
public dump, in an "automobile graveyard" as defined in Section
33.1-279.3, Code of Virginia of 1950, as amended, or in the possession
of a licensed junk dealer or licensed automobile dealer.
.There are hereby@exempt from such tax any vehicles which
are stored on private property for a period not in excess of 60
days, for the purpose of removing parts for the repair of another
vehicle.
This tax will be due and payable on the first day of
February of each year and will not be considered in default if
paid on or before the first day of March of the year in which it
is due. 5 0 C 0
CiTy
11/19/79
-1 8-
Nothing in this ordinance shall be applicalbe to any
vehIicle being held or stored by or at the direction of any govern-
mental authority, to any vehicle owned by a member of ihe armed
forces on active duty or to any vehicle regularly stored within
an enclosed structure.
DEFERRED BY COUNCIL: December 3, 1979
Adopted by the Council of the City of Virginia
Beach on
JDB:er
10-17-79
-19 -
(ITEM 11-G.2) ITEM #14410
On motion by Councilman Merrick, seconded by Vice Mayor McCoy, City
Council voted to DEFER UNTIL DECEMBER 3, 1979 the following Ordinance
to amend Section 2-34 of the Code of the City of Virginia Beach, Virginia,
relating to administration of the Basic Pay Plan; and, this matter is to
be discussed at the INFORMAL SESSION before voting in the FORMAL SESSION:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
11/19/7 9
2 0 -
AN ORDINANCE TO AMEND SECTION 2-34 OF THE
CODE OF THE CITY OF VIRGINIA. BEACH, VIRGINIA
RELATING TO ADMINISTRATI'ON OF THE BASIC PAY PLAN.
BE IT-ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA:
Thcit Section 2-34 of the Code of the City of Virginia Beach, Virginia, be
amc,liklcd by adding a new section (d) as follows:
Sec. 2-34 (d)
Conversion shall be the change, upon the request of the employing
autliority, from full-time tempor&ry status to full-time permanent status.
The Director of Personnel, upon request of the employing authority, shall
cre(lit towards probation, annual leave, service awards, merit increases,
and aiinual leave prior time worked in full-time temporary status to those
empl.oyees converted to full-time permanent status. Such credit will be
awal'iled to those converting employees who have rendered satisfactory
service during their temporary employment.
This action shall- not be construed to prohibit the eriploying authoritv
froiil converting a full-time temporary employee to full-time probationary
staLus without the grant of the credits listed above.
DEFERRED BY CITY COUNCIL: December 3, 1979
APPRO TENTS
5IGt4ATURE
DEPART.'@@ENT
APPROVED AS TO FOIZM
'I"JATUREi
CITY ATFORNEY
2 1 -
(ITEM 11-G.3) ITEM #14411
On motion by Councilman Merrick, seconded by Vice Mayor McCoy, City
Council voted to APPROVE the following Ordinance to amend and reordain
Section 5-7 of the Code of the City of Virginia Beach relating to Bird
Sanctuaries:
1. Pembroke Meadows 2. Pembroke Manor
3. Witchduck Point 4. Witchduck Bay
@Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
11/19/79
2 2 -
AN ORDINANCE TO AMEND AND
REORDAIN SECTION 5-7 OF THE
CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, RELATING TO
BIRD SANCTUARIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
THAT Section 5-7 of the Code of the City of Virginia
Beach, Virginia, is amended and reordained by adding subsection
(L) as follows:
(L) The subdivisions known as Pembroke Meadows,
Pembroke Manor, Witchduck PoiAt and Witchduck Bay.
This ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on: November 19, 1979
JDB:RRM:er
11-5-79
11/19/79
2 3 -
(ITEM ii-G.4) ITEM #14412
On motion by Councilman Merrick, seconded by Vice Mayor McCoy, City
Council voted to APPROVE the application of Friends School for a
Raffle Permit.
Voting: 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
(ITEM II-G.5) ITEM #14413
On motion by Councilman Merrick, seconded by Vice Mayor McCoy, City
Council voted to APPROVE the following Tax Refunds in the amount of
$ 8 9 6 . 3 3 :
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
11/19/79
UPOII APPI,ICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
BE IT ORDAINED BY.THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the folloxqing applications for tax refunds upon certification of
t:he Treasurer are liereby approved: $896.33
To:alinp,
TAX TYPE TICKET EXO,@IER- DATE
NAME YEAF OF TAX NLMBER TION NC PAID 3ENALTY INT TOTA-
Lathman, Elkin 79 Dz)g .-2949 10/22/79 5.00
Mortons Baye Corp. 75 RE 41120-9 (1/2) 6/10/75 27.00
Mortins Baye Corp. 75 RE 41119-2 (1/2) 6/10/75 27.00
MDrtans Baye Corp. /5 RE 41112-9 (1/2) 6/10/75 27.00
Rogers, Ruth G. 79 PP 78023 8/15/79 15.55
Harlan' K. R. Jr. 79 PP 39919 10/11/79 12.20
Landru@, Teresa F. 78 PP .53693 10/5/78, 44.88
Schiiefer, Walter 79 PP 81042 8/8/79 .35
C@esapeake -Investment 73 kE 9510-6 9/7/73 737.35
The above abatement(s) totaling Cer&ified as to payment;
oafz, JA were approved by
the Council of the City of Virginia'
Beac'h on the IIF@ day of 7f
JOHN T. ATKINSON, Treasui
Approved a@ to form:
@City Clerk
Ruth ii. Smith,
))ale timson, City At@c
-2 5 -
(ITEM II-H) ITEM #14414 PLANNING AGENDA
On motion by Vice Mayor McCoy, seconded by Councilman Baum, City
Council voted to DEFER UNTIL DECEMBER 17, 1979, the following
applicat ions for a Change of Zoning, Variance to Section 4. 4(b)
Dune Disturbing Activity, and Conditional Use Permit:
THESE MATTERS WERE DEFERRED AS THE SIGNS WERE NOT PROPERLY POSTED.
(ITEM 11-Hi2)
Ordinance upon application of Virginia Ventures, Inc., a Virginia
Corporation, for a Change of Zoning District Classification from
R-5 Residential DIstrict to A-3 Apartment District on certain pro-
perty located on the West side of South Oriole Drive beginning at
a point 327.88 feet South of Laskin Road, running a distance of
330 i44 f eet a long the Wes t s id e of South Or iole Drive, running a
distance of 409.60 feet along the Southern property line, running
a distance of 227.06 feet along the Western property line and
running a distance of 350 feet along the Northern property line.
Said parcel contains 2.43 acres. Lynnhaven Borough
(ITEM II-H.5)
Subdivision Variance: Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision Ordinance, Subdivision
for Seawall Enterprises, Inc. Property located on the South side of
Ocean View Avenue, and is known as Lot 20, Block 17, Chesapeake Park.
Plats with more detailed information are available in the Department
of Planning.
(ITEM II-H.6)
Ordinance upon application of Seawall Enterprises, Inc., for a
Conditional Use Permit for dune disturbing activity on certain
property located on the South side of Ocean View Avenue, beginning
at a point 20 feet West of the Chesapeake Bay Bridge Tunnel, running
a distance of 74.65 feet along the South side of Ocean View Avenue,
running a distance of 100 feet along the Western property line,
running a distance of 100 feet along the Southern property line, and
running a distance of 80 feet along the Eastern property line. Said
parcel is known as Lot 20, Block 17, Chesapeake Park and contains.17
acre. Bayside Borough
(ITEM II-H.10)
Ordinance upon application of George Holmes for a Conditional Use
Permit for a home for the aged on certain property located at the
Northeast corner of Bonney Road and Budding Avenue, running a dis-
tance of 235.62 feet along the North side of Bonney Road, running a
distance of 254.30 feet along the Eastern property line, running a
distance of 240 feet along the Northern property line and running a
distance of 271.33 feet along the East side of Budding Avenue. Said
parcel contains 1.5 acres. Kempsville Borough.
Voting; 10-0
11/19/79
2 6-
C6uncil Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
(ITEM II-H.1) ITEM #14415
Mr. Grover C. Wright, Jr., Attorney, representing the applicant,
requested a sixty (60) day deferral.
On motion by Councilman Merrick, seconded by Councilman Riggs, City
Council voted to DEFER FOR SIXTY (60) T)AYS tbe following applications
of Smile@ Cho@ for Changes of Zonin@. from I-1 Light Industrial District
to B-3 Central-Business District; and, from 0-1 Office District to B-3
Central-Business District;
Ordinance upon application of Smiley Chow for a Change of Zoning
District Classification from I-1 Light Industrial District to B-3
Central-Business District on certain property located at the South-
east corner of Lynnhaven Parkway and Potters Road, running a distance
of 1184.98 feet along the South side of Potters Road, running a distance
of 74.16 feet in a SOutheasterly direction, running a distance of 104.86
feet in a Southwesterly direction, running a distance of 388.92 feet
in a Southerly direction, running a distance of 695.76 feet in a
Southwesterly direction, running a distance of 252.86 feet in a North-
westerly direction, running a distance of 188.20 feet in a Southwesterly
d irect ion and running a d istance of 3 9 5 . 44 f eet along the Eas t s id e of
Lynnhaven Parkway. Said parcel contains 11.4 acres. Lynnhaven Borough.
Ordinance upon application of Smiley Chow for a Change of Zoning
District Classification from 0-1 Office District to B-3 Central-
Business District on certain property located at the Northeast
corner of Lynnhaven Parkway and Potters Road, running a distance
of 1173.95 feet along the North side of Potters Road, running a
distance of 103.92 feet in a Northwesterly direction, running a
distance of 251.67 feet in a Northeasterly direction, running a
distance of 1042.86 feet along the Northern property line and
running a distance of 416.08 feet along the East side of Lynnhaven
Parkway. Said parcel contains 7.4 acres. Lynnhaven Borough
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
11/19/79
2 7 -
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
(ITEM II-H.3) ITEM #14416
Mr. Garritt Benson, Attorney, represented the applicants.
Mr. Carl Dunning appeared in opposition.
On motion by Vice Mayor McCoy, seconded by Councilman Baum, Cl.ty
Council voted to APPROVE the following Ordinance upon application
of Rufus S. and Norma F. Jordan for a Change of Zoning District
Classification from R-5 Residential District to B-2 Community-
Business District; subject to the WAIVER of the following stip-
ulation, (number three):
WAIVE the right-of-way improvements
on Salem Road and Lynnhaven Parkway
(Recreation Drive) with the applicant's
ftill dedication of all right-of-way and
require on-site improvements only on the
site for any commercial op6ration.
ORDINANCE UPON APPLICATION OF RUFUS S. AND Z01179455
NORMA F. JORDAN 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 VIRGINTA BEACH,
VIRGINIA, THAT:
Ordinance upon application of Rufus S. and Norma F. Jordan for a
Change of Zoning District Classification from R-5 Residential District
to B-2 Community-Business District on certain property located at the
Northwest corner of Salem Road and Recreation Drive, running a distance
of 180.64 feet along the West side of Salem Road, running a distance of
192.33 feet along the Northern property line, running a distance of
178.24 feet along the Western property line and running a distance of
168.42 feet along the North side of Recreation Drive. Said parcel
contains .5 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, when available.
3. WAIVE the cost of the design and construction
of a standard City street along this site's
frontage on both Salem Road and Lynnhaven
Parkway (Recreation Drive) is to be deposited
in the Salem Road and Lynnhaven Parkway project
account.
11/19/79
2 8-
4. Full dedications, NO RESERVATIONS, on both
Salem Road and Recreation Drive.
5. VOLUNTARILY agree if use was not as requested
the property would revert back to the R-5
Residential District zoning.
6. External structure of building CANNOT be
changed. Tf can be added to; however,
it cannot be torn down.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19th day of November, 1979.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abstaining:
George R. Ferrell
Council Members Absent:
Meyera E. Oberndorf
11/19/79
-29 -
(ITEM II-H.4) ITEM #14417
Mr. Grover C. Wright, Jr., Attorney, represented the applicant.
On motion by Councilman Holland, seconded by Councilman Merrick,
City Council voted to APPROVE the following Ordinance upon
application of DeFord, Limited for a Change of Zoning District
Classification from R-5 Residential District to R-8 Residential
District:
ORDINANCE UPON APPLICATION OF DEFORD, LIMITED Z01179456
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-5 RESIDENTIAL DISTRICT TO R-8 RESIDENTIAL
DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of DeFord, Limited for a Change of Zoning
District Classification from R-5 Residential District to R-8 Residential
District on certain property located 1870 feet North of Newtown Rbad
beginning at a point 750 feet more or less West of the Northern extremity
of Broad Meadows Boulevard, running a distance of 1494.36 feet along the
Southern property line, running a distance of 2710.61 feet along the
Eastern property line, running a distance of 567 feet along the @lorthern
property line and running a distance of 3297 feet along the Western
property line. Said parcel contains 74.62 acres. Bayside Borough.
Approval is subject to the following conditions in conjunction with the
intended use of the land:
1. Standard improvements as required by the
Subdivision Ordinance.
2. City water and sewer. A pump station is
necessary since there is no capacity in
the Broad Meadows pump station.
3. The cost of the design and construction of
a standard City street along this site's
frontage on Newtown Road Extended is to be
deposited in the Newtown Road Phase II
project account.
4. The necessary downstream drainage improvements
and easements are required.
5. The assumption of the costs associated with the
installation of traffic signals at their entrances
onto Newtown Road.
6. A variable right-of-way dedication along
Newtown Road Extended.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19th day of November 1979.
Voting: 9 -1
11/19/79
3 0 -
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
John A. Baum
Council Members Absent:
Meyera E. Oberndorf
(ITEM II-R.7) ITEM #14418
Mr. J. C. Arnold, representing Gulf Oil Company, appeared in favor.
On motion by Councilman Holland, seconded by Vice Mayor McCoy, City
Council voted to APPROVE the following Ordinance upon application
of Gulf Oil Company - U. S for a Conditi onal Use Permit f or an
automatic car wash:
ORDINANCE UPON APPLICATION OF GULF OIL R01179279
COMPANY - U.S., FOR A CONDITIONAL USE
PERMIT FOR AN AUTOMATIC CAR WASH.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Gulf Oil Company - U.S., for a
Conditional Use Permit for an automatic car wash on certain
property located on the North side of Northampton Boulevard
beginning at a point 190 feet East of Baker Road, running a
distance of 340 feet along the North side of Northampton
Boulevard, running a distance of 202.82 feet along the Eastern
property line, running a distance of 149.10 feet along the
Northern property line and running a distance of 259.88 feet
along the Western property line. Said parcel contains 1.313
acres. Bayside 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. No water shall be permitted to fall upon
or drain across public streets or adjacent
properties.
4. The recycling of water in accordance with
the City Code.
5. Parking at a ratio of 3 spaces for each car
wash space within the facility.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 19th day of November , 1979.
11/19/79
3 1 -
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. He nry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
(TTEM II-H.9) ITEM #14419
THIS ITEM WAS TAKEN OUT OF SEQUENCE TO PERMIT THE APPLICANT TO
HAVE BOTH ITEMS HEARD AT ONE TIME.
Mr. J. C. Arnold, representing Gulf Oil Company, appeared in favor.
On motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to APPROVE the following Ordinance upon application
of Gulf Oil Company - U.S., for a Conditional Use Permit for an
automobile service station and automatic car wash:
ORDINANCE UPON APPLTCATION OF GULF OIL R01179280
COMPANY - U.S., FOR A CONDITIONAL USE
PERMIT FOR AN AUTOMOBILE SERVICE STATION
AND AUTOMATIC CAR WASH.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Gulf Oil Company - U.S., for a
Conditional Use Permit for an automobile service station and
automatic car wash on certain property located at the South-
west corner of Virginia Beach Boulevard and Rosemont Road,
running a distance of 212.16 feet along the South side of
Virginia Beach Boulevard, running a distance of 170.15 feet
along the Western property line, running a distance of 273.87
feet along the Southern property line and running a distance
of 198.35 feet along the West side of Rosemont Road. Said
parcel contains 1.029 acres. Lynnhaven Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Standard on-site improvements as required by
the Site Plan Ordinance.
2. City water and sewer.
3. No water shall be permitted to fall upon or
drain across public streets or sidewalks or
adjacent properties.
il/ 19/79
3 2-
4. The recycling of wajer in accordance with
the City Code.
5. Parking at a ratio of 3 spaces for each car
wash space within the facility.
CITY COUNCIL VOTED TO WAIVE STIPULATION SIX (6), WHICH STATES:
A DEDICATION OF RIGHT-OF-WAY ALONG THIS SITE'S
FRONTAGE ON VIRGINIA BEACH BOULEVARD AND ROSEMONT
ROAD AS SHOWN ON THE PLANS ON FILE IN THE CITY
ENGINEERING DIVISION (A VARIABLE RIGHT-OF-WAY
DEDICATION).
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19th day of November 1979.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
11/19/79
- 3 3 -
(ITEM II-H.8) ITEM #14420
Mr. Robert B. Cromwell, Jr., Attorney, represented the applicant
Mr. G. Russell Gimbert appeared in opposition.
Councilman Merrick made a motion, seconded by Councilman Ervin, to
deny the application of Cox Cable of Tidewater for a Conditional
Use Permit for a cable television tower.
Councilman Payne made a motion, seconded by Mayor Standing, to
approve the application of Cox Cable of Tidewater for a Conditional
Use Permit for a cable television tower.
THE RECORDED VOTE ON THE SUBSTITUTE MOTION IS AS FOLLOWS:
Voting: 9 -1
Council Members Voting Aye: (for the substitute motion)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
Donald W. Merrick
Council Members Absent:
Meyera E. Oberndorf
CITY COUNCIL VOTED TO APPROVE THE FOLLOWING ORDINANCE UPON APPLICATION
OF COX CABLE OF TIDEWATER FOR A CONDITIONAL USE PERMIT FOR A CABLE
TELEVISION TOWER:
ORDINANCE UPON APPLICATION OF COX CABLE OF R01179281
TIDEWATER FOR A CONDITIONAL USE PERMIT FOR
A CABLE TELEVISION TOWER.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Cox Cable of Tidewater for a Conditional
Use Permit for a cable television tower on certain property ocated on
the West side of Phillip Avenue beginning at a point 120 feet South of
Laskin Road, running a distance of 149.40 feet along the West side of
Phillip Avenue, running a distance of 117 feet along the Southern pro-
perty line, running a distance of 65.72 feet along the Western property
line and running a distance of 75 feet along the Northern property line.
Said parcel contains .23 acre. Lynnhaven Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Standard improvements 4s required by the Site.
Plan Ordinance.
11/19/79
3 4-
2. Compliance with Article 2, Section 235 of the
Comprehensive Zoning Ordinance pertaining to
Television or Other Broadcasting Stations and
Line-of-Sight Relay Devices.
3. Approval of the proposed structure by the Federal
Aviation Administration.
4. The setback requirements established in the
Comprehensive Zoning 0-dinance must be satisf ied,
or an appropriate waiver or variance obtained.
5. In case of abandonment, or the Company goes out
of business, Cox Cable of Tidewater is to dismantle
the tower.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19th day of November -, 1979.
(ITEM II-H.11) ITEM #14421
Mrs. Judith R. Will represented the applicants.
On motion by Councilman Payne, seconded by Councilwoman Henley, City
Council voted to APPROVE the following Ordinance upon application of
Norfolk District Board of Missions, Inc., for Saint Luke's United
Methodist Church for a Conditional Use Permit for a church:
ORDINANCE UPON APPLICATTON OF NORFOLK DISTRICT R01179282
BOARD OF MISSIONS, INC., FOR SAINT LUKE'S
UNITED METHODTST CHURCH FOR A CONDITIONAL USE
PERMIT FOR A CHURCH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of Norfolk District Board of Missions, Inc.,
for Saint Luke's United Methodist Church for a Conditional Use Permit
for a church on certain property located at the Northeast corner of
Holland Road and Stoneshore Road, running a distance of 353 feet mare
or less along the North side of Stoneshore Road, running a distance of
615 feet along the Eastern property line, running a distance of 349.20
feet along the Northern property line and running a distance of 605
f e et more or l es s a long the Eas t s id e of Ho l land Road .Said parcel
contains 5 acres. Princess Anne Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Standard improvements as required by the
Site Plan Ordinance.
2. City water and sewer.
3. Parking is to be at a ratio of 1 space per
5 seats or bench seating spaces in the main
auditorium.
This Ordinance shall be effective upon adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 19th day of November 1979
11/19/79
3 5 -
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley,'Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
(ITEM II-H.12) ITEM #14422
On motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to DENY the request of Robert M. Epstein for a variance
to Section 4.4(b) of the Subdivision Ordinance:
Subdivision Variance: Appeal from Decision of Administrative Officers
in regard to certain elements of the Subdivision Ordinance, Subdivision
for Robert M. Epstein. Property located at the Southwest intersection
of 60th Street and Oceanfront Avenue. Plats with more detailed
information are available in the Department of Planning.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
11/19/79
3 6-
(ITEM 11-H.13) ITEM #14423
Mr. Herbert Dail represented the applicant
It was noted the application had been approved previously, but not
recorded. This is a reapplication to expedite action already approved.
On motion by Councilman Merrick, seconded by Councilman Riggs, City
Council voted to APPROVE the following request of Evelyn M. Vaughan
for a variance to Section 4.4(b) of the Subdivision Ordinance; subject
to the following stipulations:
1. Granting by the owner of Lot 2 to the
owner of Lot 3, a,,d by the owner of Lot
3 to the owner of Lot 2, a 12.74-foot
access easement extending from the public
street to i,ot 3.
Subdi ce: Appeal from Decisions of Administrative officers
in regard to cert@in elements of the Subdivision Ordinance, Subdivision
for Evelyn M. Vaughan. Property located on the West side of Lynnwood
Drive 100 feet more or less North of Whip-Poor-Will Point. Plats with
more detailed information are available in the Department of Planning.
The applicant requested a variance to Section 4.4(b) of the Subdivision
o,dinance which requires lot dimensions to conform to the Comprehensive
Z'4)ning Ordinance. The applicant wished to subdivide an approximate
4.86 acre site located on the west side of Lynnwood Drive, 100 feet
north of Whip-Poor-Will Point, into 3 lots.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W.,Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
11/ 19/79
- 37 -
(ITEM II-H.14) ITEM #14424
Mr. Jim Arnold, Kyrus Realty, represented the applicants.
The following appeared in opposition:
Mrs. Cheryl McClenny, presented petitions to Council
Lieutenant Commander Sam Jackson
On motion by Councilman Merrick, seconded by Councilwoman Henley,
City Council voted to DENY the application of James and Jean Drinko
for a Change of Zoning District Classification from R-6 Residential
District to R-8 Residential District on parcels located on the East
and West sides of Riddle Avenue:
Parcel 1: Property located on the West side of Riddle Avenue beginning
at a point 115 feet more or less South of Airstation Drive, running a
distance of 260 feet along the West side of Riddle Avenue, running a
distance of 135 feet along the South side of Garden Drive, running a
distance of 125 feet in a Southerly direction, running a distance of
217 feet in an Easterly direction, running a distance of 145 feet in
a Southerly direction, running a distance of 436 feet along the
Southern property line, running a distance of 600 feet along the
Western property line and running a distance of 100 feet along the
Northern property line.
Parcel 2: Property located on the East side of Riddle Avenue beginning
at a point 180 feet more or less South of Airstation Drive, running a
distance of 165 feet along the East side of Riddle Avenue, running a
distance of 80 feet along the North side of Garden Circle, running a
distance of 165 feet along the Eastern property line and running a
distance of 80 feet along the Northern property line.
Said parcels contain 3.89 acres. Lynnhaven Borough
The application was denied as it was felt that the proposed zoning is
inappropriate for this site as the surrounding area is established
singl5-famly residences.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
11/19/79
3 8 -
(ITEM II-H.15) ITEM #14425
Mt. Philip G. Denman, Attorney, represented the applicant
On motion by Councilman Holland, seconded by Councilman Ferrell, City
Council voted to APPROVE the following Ordinance upon application of
Virginia National Bank for a Change of Zoning District Classification
from R-5 Residential District to I-1 Light Industrial District:
ORDINANCE UPON APPLICATION OF VIRGINIA NATIONAL Z61179457
BANK FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-5 RESIDENTIAL DISTRICT TO I-1 LIGHT INDUSTRIAL
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of Virginia National Bank for a Change of
Zoning District Classification from R-5 Residential District to I-I
Li@.ht Industrial District on certain property located on the East side
of Hodgman Road beginning at a point 645.80 feet South of Shell Road,
running a distance of 512 feet along the East side of Hodgman Road,
running a distance of 736.88 feet along the Southern property line,
running a distance of 555.20 feet along the Eastern property line and
running a distance of 536.57 feet along the Northern property line.
Said parcel contains 7.434 acres. Bayside 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. The cost of the design and construction of a
standard City street along this site's frontage
on Diamond Springs Road Extended is to be deposited
in the Diamond Springs Road project account, ONLY
IF SANDLER FOODS HAS INGRESS AND EGRESS TO DIAMOND
SPRINGS ROAD.
4. It is understood that an agreement by the applicant
is to be voluntarily submitted which limits the use
of the property to that specified by the applicant,
and that the agreement will provide that the zoning
will revert back to R-5 Residential District at such
time as any different use is placed on the land.
Prior to the change of the official zoning map the following conditions
will be met:
1. A dedication of right-of-way along this site's
frontage on the proposed alignment of Diamond
Springs Road Extended as shown on the plans on
file in the City Engineering Division (a variable
right-of-way dedication).
CITY COUNCIL VOTED TO WAIVE THE FOLLOWING TWO (2) STIPULATIONS:
(3) 1. Right-of-way improvements will be necessary
along Hodgman Road; this includes pavement
widening, curb and gutter, sidewalk, and
drainage facilities.
(6) 2. A buffer is to be provided adjacent to the
R-5 Residential District area west of this
site.
11/19/79
- 39 -
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
(ITEM II-H.16) ITEM #14426
Mr. Allen Gordon, Attorney, represented the applicant
Mr. J. E. Newbern, Planner for the City of Chesapeake, appeared
in favor
The following appeared in opposition:
Commander Terry Baker, representing Wishart Cove
Mrs. Smith, representing Reed Town
Mrs. June Myers
Mr. Martin Pellino
Councilman Holland made a motion, seconded by Councilman Riggs, to
approve the applications of Coite B. Rudacil for Changes of Zoning
from R-4 Residential District to R-9 Residential District; and from
R-4 Residential District to A-2 Apartment District.
Councilman Merrick offered a substitute motion, seconded by
Councilman Ervin to DENY the applications of Coite B. Rudacil
for Changes of Zoning from R-4 Residential District to R-9
Residential District; and from R-4 Residential District to A-2
Apartment District.
THE RECORDED VOTE ON THE SUBSTITUTE MOTION IS AS FOLLOWS:
Voting: 6-4
Council Members Voting Aye: (for substitute motion to deny)
John A. Baum, P. Reid Ervin, Barbara M. Henley,
Donald W. Merrick, J. Curtis Payne, and Mayor
Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., and Roger L. Riggs
Council Members Absent:
Meyera E. Oberndorf
CITY COUNCIL VOTED TO DENY THE FOLLOWING ORDINANCES UPON APPLICATIONS
OF COITE B. RUDACIL. 11/19/79
- 40 -
Ordinance upon application of Coite B. Rudacil for a Change of Zoning
District Classification from R-4 Residential District to R-9 Residential
Townhouse District on parcels located East of Independence Boulevard and
North of Wishart Road.
Parcel 1: Located 500 feet more or less East of Independence Boulevard
beginning at a point 480 feet more or less North of Wishart Road, running
a distance of 264 feet in a Northerly direction, running a distance of
20@.23 feet in a Westerly direction, running a distance of 625.01 feet
in a Northerly direction, running a distance of 200 feet in an Easterly
direction, running a distance of 396 feet in a Southerly direction,
running a distance of 330 feet in an Easterly direction, running a
distance of 159.72 feet in a Southerly direction, running a distance
of 63.26 feet in a Westerly direction, running a distance of 271.91 feet
in a Southerly direction, running a distance of 159.96 feet in a Westerly
direction, running a distance of 63.79 feet in a Southerly direction and
running a distance of 131.68 feet in a Westerly direction.
Parcel 2: Located 520 feet more or less East of Independence Boulevard
beginning at a point 1510 feet more or less North of Wishart Road,
running a distance of 309.74 feet in a Northerly direction, running a
distance of 252.87 feet in a Easterly direction, running a distance
of 77 feet in a Northerly direction, running a distance of 150.24 feet
in an Easterly direction, running a distance of 211.90 feet in a
Southerly direction, running a distance of 331.98 feet in a Westerly
direction, running a distance of 62 feet in a Southerly direction and
running a distance of 141.90 feet in a Westerly direction.
Said parcels are irregular in shape and contain 8.112 acres. Bayside
Borough.
Ordinance upon application of Coite B. Rudacil and Robert C. Sewell
for a Change of Zoning District Classification from R-4 Residential
District to A-2 Apartment District on certain property located on
the North side of Wishart Road beginning at a point 420 feet more
or less East of Independence Boulevard, running a distance of 291.30
feet along the North side of Wishart Road, running a distance of 75.75
feet in a Northerly direction, running a distance of 101.45 feet in an
Easterly direction, running a distance of 150 feet in a Northerly
direction, running a distance of 39.20 feet in a Northwesterly direction
running a distance of 120.60 feet in a Northeasterly direction, running
a distance of 159.96 feet along the Northern property line and running a
distance of 600.71 feet along the Western property line. Said parcel
contains 2.007 acres. Bayside Borough
THE ABOVE APPLICATIONS WERE RETURNED TO CITY COUNCIL BY CIRCUIT
COURT JUDGE ROBERT S. WAHAB, TO INTRODUCE EXTENSIVE UTILITY COSTS.
THE APPLICATIONS WERE DENIED AS THE PROPOSED ZONINGS ARE INCOMPATIBLE
WITH THE SURROUNDING AREA.
11/19/79
- 41 -
(ITEM II-I.3.b.3) ITEM #14427
The above matter was taken out of sequence.
The City Manager's letter of November 19, 1979, indicates that a
presentation was made by Mr. Robert K. Andr6ws, Mr. Frederick J.
Napolitano, Mr. Richard E. Oliverieri, and Mr. Donald P. Dreelin
for a proposal to purchase + 12.8 acres from the City for the con-
struction of a colonial-styfe apartmen't complex. The bid submitted
was the advertised minimum acceptable bid of $306.000. The bid,
however, was conditioned upon receipt of acceptable financing by
the bidder within one hundred and twenty days (120).
The City Manager believes that the applicants will adhere to the
program as submitted; however, as an added degree of insurance on
the part of Council, the City Manager directed their attention to
an excerpt from the "Tnvitation for Bid Proposals," item 10:
"If, after the expiration of one (1) year from the
date of purchase of the Property, the Purchaser
shall not have begun in good faith the construction
of an acceptable apartment project upon the Property,
then, in that event, the Landowner, shall have the
option to refund to the Purchaser, his heirs or
assigns, the amount of the purchase price . . . to
have title to the Property conveyed back to the
Landowner
In addition, not only is there a review by the Historical Review
Board of each building on the site, but site plan approval must
be granted by the appropriate City departments.
On motion by Councilman Merrick, seconded by Councilman Riggs, City
Council voted to ACCEPT bid of $306,000 for the construction of a
colonial-style apartment complex at Rose Hall; and further authorized
the City Manager to sign the necessary papers to transfer ownership
from the City to the private consortium, contigent upon the applicants'
receipt of acceptable financing within the next 120 days.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
11/19/79
42-
COUNCILMAN ERVIN LEFT COUNCIL CHAMBERS AT 5:30 p.m.
(ITEM II-I.l.a) ITEM #14428 ORDINANCES
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 35-4 AND 35-5 OF THE CODE
OF THE CI-@Y OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO MOBILE
HOMES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 35-4 and 35-5 of the Code of the City of
Virginia Beach as hereby amended and reordained as follows:
Sec. 35-4. Same - In agricultural districts.
A permit to allow one freestanding mobile home may be
approved by the Department of Permits
and Inspections in any area zoned agricultural district;
provided, that the following conditions are complied with:
(a) The mobile home is located to the rear or side and
on the same lot or parcel with a principal residential building
and all dimensional requirements for two dewllings are complied
with and the required yards or open space of the principal
dwelling are not encroached upon.
(b) The mobile home is not to be located within four
hundred feet of any other residence existing at the time
application is made to locate the mobile home.
(c) The immediately adjoining property owners and
those directly across the fronting street shall be notified by
the Department of Permits and
Inspections of the receipt of an application to place a mobile
11/19/79
- 43-
home. Such notice shall be mailed at least fifteen days prior to
the issuance of a permit by the
Department of Permits and Inspections. .-he address to which such
notice shall be sent by the
Department of Permits and Inspections shall be that as shown on
the tax records of the city.
(d) The Department of
Permits and Inspections shall not issue a permit to locate a
freestanding mobile home until the method of sewage disposal for
such mobile home is approved by the health department.
(e) A freestanding mobile home authorized under the
terms of this section shall not be rented-to occupied by anyone
not a member of the immediate family resident in the principal
dwelling on the lot or parcel and such mobile home shall not be
occupied by more than one family. For the purpose of this
chapter, a member of the immediate family is defined as anv
person who is a natural or legally adopted child, grandchild, or
spouse or parent of the owner.
(f) The Department of
Permits and Inspections shall, upon written receipt of an
objection from persons set forth in subsection (c) of this
section, to the placement of a freestanding mobile home refer the
.application to the city council for approval or disapproval with
a stipulation that a two-year time limit will be imposed if
granted. If no objection is received by the
el4v4s@n-Department of Permits and Inspections, it shall be
authorized to issue the freestanding mobile home permit at the
expiration of the notification period.
(g) A temporary special permit may be issued by the
Department of Permits and Inspections for a period not to exceed
nine (9) months in a case where a sinqle family dwelling has been
destroyed or damaged bv fire or other disaster to an extent which
-2-
11/19/79
4 4-
makes such dwelling uninhabitable and only where such dwelling is
to be rebuilt or repaired.
SS35-5. Enforcement of article.
This article shall be enforced by the 4neree*-4014
Director of Permits and Inspections or his
designee.
Adopted by the Council of the City of Virginia Beach,
Virginia, on November 19, 1979
Cms/cj/vp
11/14/79
(5)
On motion by Councilwoman Henley, seconded by Councilman Baum, City
Council voted to APPROVE the above Ordinance to amend and reordain
Section 35-4 and 35-5 of the Code of the City of Virginia Beach,
Virginia, pertaining to Mobile Homes; subject to the following
stipulation:
Section (e) For the purpose of this chapter, a
member of the immediate family is defined as any
person who is a natural or legally adopted child,
GRANDCHILD, or spouce or parent of the owner.
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vi-ce Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
-3-
11/19/79
45 -
(ITEM II-I.l.b) ITEM #14429
A14 ORDINA14CE -10 AMEND A14D REORDAIN
SEC-@IOII 23-12.1 OF THE CODE OF THE
CITY OF VIRGINIA BEACII PERTAINI@IG
-@O BINGO GAIIES AND RAFFLES
BE IT ORDAINED BY TFIE COUIICIL OF -.FIE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Se.ction 23-12.1 of the Code of the City of
Virginia Beach is hereby amended and reordained as follows:
Section 23-12.1. Bingo Cames and raffles - Permit
applications and fees - annual reports.
a. A processing fee of twenty-five dollars is hereby
authorized for the application for a permit to operate bingo
games and raffles plirsuant to Section 18.2-340.2 of the Code
Virginia, as amended. Stich application shall be obtained from
and be filed with the Chief of Police; and acted upon bv eitlier
approval or disapproval by the City rlanacier., within sixtv (60)
days from the date of filing thereof, after a reasonable
investigation has been condiicted to determine @ihether the
applicant is in accordance. %.iith thr, provisions of Chapter
18.2-340.1 thru 18.1.-340.12, Code of Virqinia (1950), as amended.
Inaccurate inforriation contained in such application shall be
automatic grounds for refiiral or revocation of a permit.
b. An annual report of all receipts and disidursements
shall be filed purst)ant to S(,ction 18.2-340.6, Code of Virginia,
as amended, by everv organization condtictina binqo qames and
raffles tinder this irticle. Such anntial report shall bt,- file(i
with the Director of FiiiTtnce oti or bcfor6 tl)(-, first dziy of
tlovember of each calendar year for which a permit has been
issued.
46-
c. Aii audit fee of on(., per centum of tlie gross
receipts which an organization reports pursuant to Section
18.2-340.6 of the Code of Virginia, as amended, is hereby
aLithorized. Sucli audit fee shall be payable to the Director of
Finance and shall accompany each anntial report which is filed
pursuant to Section 18.2-340.6 of the Code of Virginia, as
amended.
DEFERRED ONE WEEK:- November 26, 1979
Adopted by the Council of the City of Virginia Beach on
the day of
JDB/Izg/vp
11/07/79
(3)
On motion by Councilman Riggs, seconded by Councilman Baum, City Council
voted to DEFER FOR ONE WEEK the above Ordinance to amend and reordain
Section 23-12.1 of the Code of the City of Virginia Beach pertaining to
Bingo Games and Raffles.
Voting: 9 - 0
Council Members Voting Aye.
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Obern-&S-r-T-@-@-*-
-2-
- 47 -
(ITEM II-I.2.a) ITEM #14430 SECOND READINGS
On motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to APPROVE ON SECOND READING the following Ordinance
to appropriate funds of $15,000 to the Tidewater Virginia Develop-
ment Council (TVDC); subject to the following stipulations:
1. The reorganization must occur;
2. TVDC will be a promotional agency
for industrial development for the
entire Hampton Roads area; and,
3. Officials of TVDC should consider a
name change in order to emphasize its
new role in industrial development for
the region.
Vot ing: 7 - 2
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Donald W. Merrick, J. Curtis
Payne, and Mayor Patrick L. Standing
Council Members Voting Nay:
Vice Mayor J. Henry McCoy, Jr., and Roger L. Riggs
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
11/19/79
- 48-
AN ORDINANCE TO APPROPRIATE FUNDS
OF $15,000 TO THE TIDEWATER VIRGINIA
DEVELOPMENT COUNCIL (TVDC)
WHEREAS, the TVDC is reviewing and restructuring its
organization, bylaws, and purpose, and
WHEREAS, its new purpose is to act solely as a prowtional
agency in seeking new industrial and business clients for the
entire Tidewater area, and
WHERFAS, TVDC has developed a funding allocation formula
for regional participation based on the localities population
and total land area and
WHEREAS, based on this allocation the FY 1980 financial
contribution of Virginia Beach has been determined to be $20,000,
an increase of $15,000 over the original FY 1980 budget figure,
and
WHERZAS, the City Council wishes to support this new
regional approach of TVDC.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BFACH that funds of $15,000 be appropriated from
the General Fund Balance for the purpose of supporting the
advertising, promotion and other regional activities of the
Tidewater Virginia Development Council.
Adopted by the Council of the City of Virginia Beach,
Virginia on 19 day November 1979.
First Reading: November 5 . 1 9 7 9
Second Reading: November 1 9 . 1 9 7 9
Subject to following:
A@VED AS TO CO.@7E:@'jT
1. Reorganization must occur;
2. TVDC will be a promotional agency
for industrial development for the RE
entire Hampton Roads area; and,
3. Officials of TVDC should consider a
name change in order to emphasize its
new role in industrial development for
the region.
11/19/79
- 49 -
(ITEM 11-1.2.b) ITEM #14431
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to APPROVE ON SECOND READING the following Ordinance
to appropriate funds for the air-conditioning of Linkhorn Park and
Seatack Elementary Schools;
Vo t ing: 9 - 0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
11/19/79
5 0 -
AN ORDINANCE TO APPROPRIATE FTJNDS FOR
THE AIR CONDITIONING OF LINKHORN PARK
AND SEATACK ELEMENTARY SCHOOLS
WHtREAS, the City Council recognizes the need for air
conditigning of Linkhorn Park and Seatack Elementary Schools,
and
WHERF-AS, the installation of air conditioning at these two
schools will reduce thc surrounding noise level in the schools,
assist the educational process, enhance the security of the
buildings, provide a cleaner envirorunent for pupils and
teachers, and preserve equipment and audio-visual supplies
from summer heat,and
WHEREAS, the cost of air conditioning for Linkhorn Park
Elementary School is $234,529 and for Seatack Elementary
School is $254,551.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $489,080 be appropriated from
the General Fund Balance for the purpose of providing air
conditioning to the following elementary schools:
Linkhorn Park Elementary School @234,529
Seatack Elementary School 254,551
Total. $489 080
Adopted by the Council of the City of Virginia Beach,
Virginia on 19th day of November 19 7 9
First Reading: November 5, 1979
Second Reading: November 19, 1979
Cl'.Y AT-@,,D'@"Y
11/19/79
-5 1 -
(ITEM II-I.2.c) ITEM #14432
On motion by Councilman Holland, seconded by Vice Mayor McCoy, City
Council voted to APPROVE ON SECOND READING the following Ordinance
to appropriate additional positions and related appropriations to the
Social Services Department:
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
11/19/79
5 2 -
AN ORDINANCE TO ALLOCATE ADDITIONAL
POSITIONS AND RELATED APPROPRIATIONS
TO THE SOCIAL SERVICES DEPARTMENT
WHEREAS, the Social Services Department has experienced large increases
in participation in the Food Stamp Program, and
WHEREAS, maintaining the caseload per employee in this program is
essential in avoiding law suits, preventing fraud, and sustaining the level of
credibility, and
WHEREAS, it is estimated that the addition of five eligibility and two
clerical positions is necessary to continue the caseload per employee, and
WHEREAS, the estimated cost of these positions, if effective November 1,
1979, is $47,297 plus related office equipment estimated at $6,280 for a total of
$53,577 to be provided by transfer from existing surplus appropriations, and
WHEREAS, the above request has also been submitted to the Virginia
State Department of Welfare for their 80% participation, and
WHEREAS, the positions and appropriations previously stated are contin-
gent upon State approval and will be adjusted if their approval is less,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH:
That existing surplus appropriations within the Social Services Depart-
ment be transferred, pending Virginia State Department of Welfare approval, to
the respective accounts to permit the allocation of the following:
Five Eligibility Workers (8 Months) $ 36,427
Two Clerical Positions (8 Months)
(1 Account Clerk and I Clerk-Typist) 10,870
Plus Related Capital Outlay 6,280
Total $ 53 577
First Reading November 5. 1979
Second Reading November 19, 1979
Adopted by the Council of the City of Virginia Beach on the 19 day
of November 1979.
11/19/79
5 3 -
(ITEM II-I.3.a.1) ITEM #14433 FIRST READINGS
On motion by Councilman Holland, seconded Mayor Standing, City Council
voted to APPROVE ON FIRST READING the following Ordinance to appropriate
funds for the State Fuel Assistance Program:
Vot ing: 9 - 0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council M6mbers Absent:
F. Reid Ervin, and Meyera E. Oberndorf
11/19/79
5 4-
AN OIZI)[NANCE TO AL@'PROPRIATE
FUNDS l-'OR THE STATE FUEL
ASSISTANCE PRO(;I@\1
WHEREAS, the Cormonwealth of Virginia has initiated a Fuel
Assistance Program to offset the increase in fuel costs for eligible
citizens,,and
WHEREAS, the program and administrative cost of this program
will be initially incurred by the City with the State reimbursing the
.City for 100% of the cost, and
WHEREAS, the City's Department of Social Services estimates
that a total of $288,160 will be distributed to eligible participants
within the City, and
WHEREAS, the Social Services Department estimates that the
administration of this. program will require the hiring for 4-1/2 months
of five eligibility workers, one clerk-typist and one eligibility
worker supervisor at a total cost of $29,807,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That $317,967 be appropriated and seven temporary positions
be allocated to the City's Department of Social S@rvices @or the ini-
tial program and adninistrative cost incurted and tliat the General
Fund's revenues be increased in an equal amount for the 100% reim-
bursement from the Commonwealth of Virginia.
First Reading November 19, 1979
Second Reading
Adopted by the Council of the City of Virginia Beach on the
day of 19
5 5 -
(ITEM II-1.3.a.2) ITEM #14434
The following appeared regarding this matter:
Mr. Sam Houston
Mr. Skip Hendrix, President, Virginia Beach Innkeepers
The following appeared in opposition:
Mrs. Simone Holloman, resident in the area.
On motion by Councilman Riggs, seconded by Vice Mayor McCoy, City
Council voted to APPROVE ON FIRST READING the following Ordinance
to appropriate $420,000 for site acquisition in the Virginia Beach
Borough:
Vo t ing: 6 - 3
Council Members Voting Aye:
John A. Baum, Barbara M. Henley, Vice Mayor J.
Henry McCoy, Jr., J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell, Clarence A. Holland, and
Donald W. Merrick
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
11/19/79
5 6-
AN ORDINANCE TO APpr@Orr@IATZ @420,000
FOR SITE ACQUISITION IN THE BEACH BOItOuGli
WHEREAS, City Council wishes to provide-more publ,ic parking
in the Beach Borough, and
WHEREAS,.a site at 19th Street and Pacific Avenue, formerly
occupied by Fuel Feed and Building Supplies Corp., is available
for the purchase price of-$420,000, and
WHEREAS, this site contains 51,750 sq. ft. or approximately
133 parking spaces;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $420,000
be appropriated from the General Fund Balance for the purpose of
purchasing the site fo=erly occupied by Fuel Feed and Building
Supplies Corp.
Adopted by the Cbuncil of the City of Virginia Beach,
Virginia on day of 19
First Reading: November 19, 1979
Second Reading:
SIG!qAT'-@c
CIT Y ATT07t@EY
5 7 -
(ITEM 11-I.3.a.3) ITEM #14435
On motion by Councilman Baum, seconded by Mayor Standing, City Council
voted to APPROVE ON FIRST READING the following ordinance to appropriate
$17,520 for the removal of Potter's Sand Fence:
Vot ing: 9 - 0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
11/19/79
5 8 -
AN 01@INAqCE TO API'ROPRIATI@" FUI\'I)S
FOR TIIE REMOVAL or- POTTI@'IZ'S SAND
FENCE
WHERZAS, the benefit of Potter"s Sand Fence in controlling
beach erosion at the oceanfront between 17th Street and 20th'
Street is questionable, and
WHEREAS, the sand fence may be a hazard to swimmers, and
WHERF-AS, the most economical proposal for removing the
fence from the water will cost $17,520.
NOW, THEREFORE BE IT ORDAINED BY THE COUNICIL OF THE CITY
OF VIRGINIA BEACH that funds of $17,520 be appropriated from
the General Fund Balance to the Department of Public Works for
the purpose of removing Potter's Sand Fence.
Adopted by the Council of the City of Virginia Beach, Virginia
on day of 19
First Reading: November 19, 1979
Second Reading:
- 5 9 -
(ITEM II-I.3.b.1) ITEM #14436 BIDS
The following bids bave been received for Bayville Park Project,
Contract II:
Gavco Corporation $105,000.00
Luke Construction Company, Inc. $108,700.00
Crowder Contracting Company,
Inc. $111,300.00
Van de Riet Construction
Company, Inc. $112,400.00
Engineer's Estimate $115,000.00
On motion by Councilman Holland, seconded by Councilman Payne, City
Council voted to APPROVE the low bid of Gavco Corporation, in the
amount of $105,000.00 for the Bayville Park Project, Contract II;
and further authorized the City Manager to execute the necessary
agreements for the implemention of this project.
Vot ing: 9 - 0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
11/19/79
6 0 -
(ITEM II-I.3.b.2) ITEM #14437
THIS ITEM AND ITEM #14438 WERE VOTED ON As ONE.
The following bids have been received for the Sanitary Sewerage
Facilities, Avalon Hills - Contract I :
Inner-View, Ltd. $259,928.00
M. E. Wilkins $262,581.10
A & W Contractors, Inc. $274,755.30
Warbler Construction Company, Inc.
Inc. $283,007.05
W. R. Hall, Jr., Contractor $285,446.80
Carter-Bell Corporation $299,413.50
Floyd B. Smith Contracting
Company, Inc. $342,310.50
Suburban Grading and Utilities, $374,329.50
Inc .
A. Stanley Mundy and Company $397,381.80
Engineer's Estimate $318,640.00
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City
Council voted to APPROVE the low bid of Inner-View, Ltd., in the
amount of $259,928.00 for the Sanitary Sewerage Facilities, Avalon
Hills - Contract I; and further authorized the City Manager to
execute the necessary agreements for the implementation of this
project.
Voting; 9 - 0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
11/19/79
- 61 -
(ITEM IT-I.3.b.2a) ITEM #14438
THIS ITEM AND ITEM $14437 WERE VOTED ON AS ONE.
The following bids have been received for the Sanitary Sewerage
Facilities, Avalon Hills - Contract II:
Crowder Contracting Company,
Inc. $127,700.00
Van de Riet Construction
Company, Inc. $131,539.00
Gavco Corporation $139,000.00
Luke Construction Company,
Inc. $148,775.00
Engineer's Estimate $125,000.00
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Concil
voted to APPROVE the low bid of Crowder Contracting Company, Inc.,
in the amount of $127,700.00, for the Sanitary Sewerage Facilities,
Avalon Hills - Contract II; and further authorized the City Manager
to execute the necessary agreements for the implementation of this
proj ect .
Vot ing: 9 - 0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
11/19/79
62 -
OF @'01'ES (,!St iii tlic (@=",,City of -- V-ii:g-in@--Bea@----
(it tlie C@one),-al election lield on November 6
FOR CLJIRK OF COURT
Nti@T,I,er,)f
T,)tqi Votes Nl,)tes
Total Votes Bccei% ed Beceivcd
N@iines of Can(lilates (In @Vritilig) 1,1 FilTill-CS
_F,_G. (Bob) Hicks Nine Thousand nine hiindrpd( 9,915
fifteen
J. Curtis Fruit Ninete(-?n 'Ehoiisand T@-i (19,285
0
hty f
Iiiiiidr,,d eig ive
James J. Grg9p@y T-,,jo 'I'liou-.,@d Sc@vc@n
- ( 2_007
R. L. (T3liddyl__Ri(igs Thr,@e lfhousa,id ni.ne huiidre@ 3, 9 51
C Lj ty--one
@@'c, tlic li@;d@si,@;@ed Elc(@ior(il 73o,,,,rd, i,l),)n )f !lie oi@,i,i(il rc,(@r(!s I, iL if Ii C'C,k- of @'ic C'r-
(,;it Colzrt of flie cl,,ctioii on 6 - 19 7 9 !o !.(,,!,y (@ilfy tl',e is a e
,,i,d (oi r, ct , bstr,)Gt of I-otes ("'St at .@,iici Ic, tioii j,,d (1@ I, t 7,,,c f@l,il' 'I@e
",e ,,rcute
st iitiiiiber of votes cavt in s(iid clc,ctioll:
f,r 7ie c)L'Iice of of Couj-t-
T,,ider oi@r tliis 8 (],)y of NcLei,iber, 19 7 9
G @)i@ t,,, fe: z
@,@ k -- "
. I il
I 1- , , I
- -1 @-- I - -- I -- @ - Secrciary, Ele(t@,r@it B(,,ird
11/19/79
-6 3 -
OF @-OTES cost :ii ,I@e C; @;;,-jlcity of -_--Virqinia._Beach
I -- I I I
,;t il,e 7i-ral Elcrtion lield tlie ;@,rst Tuesday after tlie fir"st Afori&iy in Noveinber, 19@, for
OF TI-!E @IOUSE OF T)ELEGATES
-4 ___Dl.@'TRICT of
Total Votes 170 ,s
Tot,il Nlotc,@s Bc,,-;ved Reccived T!@,,Ii@,!(,d
-NTir@ies of CnTiiil,,tes (T,i @V-i@ l@ig) es)
J. @,l. "Billy" O'Brien, Tr.
(17- 7 32-
,T(@1),l T. P,@3:ly 'P-,,@@l-ve (1.2 7 3 0
l@le, t7ie t@?,ders,,giied E',-ctural Board, iipon of "Ite uii@icial records d,,10,, "ted ",1/2e CIL,-k- @j @;,@e C-o'--
u-@@t Coi@rt of '@7ie e7cciion I?,,,'d cit ,b: -1 ify t -'e e
1.97 9 - do @ / ce, Ii .,T a
of C(!,3t 7ecti'oii jc)r of "@ie Cf !7-:;, 'es
@@y of N'@ c, c ii i 9- 7 9
A @,i,y y
I
@ --, ) i ! / I- - 7@ 1 -,-d
- - - @ !, -1- I 1
11/19/ 79
-6 4-
S]'l? 1- OF 1-0@'ES cast in tlie
.4lCity of --- Virgi-nia-- T3(,-ach -
tlzc E7cct@on held tlie j@irst Tite@day after the fir'st Aforiday in Nove77iber, 19-, for
I
MEMBER(@3) OF TIIE I-IOUSE OF DEI,EGA'I'ES
40th --DIS'FRICT NL,@,i'@r Of
Cha; oned
Total Votes Vo e-9
Total Votes Received Received
N-,imes of CplilicLites (1,1 @Vriting) (In Figures)
711--l pla)-d G Barr(Dw Fi-fteen Thousand s(-,ven
(I 5,,7-4--6
iiiindred 'LOrty-S3X
C,I,,@in T3. McC]-anan Sixte(-,n Tho,-is,7aiid one
.,ixty--ni-ne
@,-Pi(-kett,- Fiahteen Thousand one (18-1 5 9
liundred fifty-113n(3
Fi@teen Thou-@and s(,vf-ln (1-8,721
n@dred twen-Ly-one
S-mith Thirteen Thousand qigllt (1@3,-871__)
hiindred seventy cne
A. Ten Thoiisand (-ine liuiid:red (IP,157
fi-@-ty--seven
Elec'oral Board, u,,)on of @ize o- cial r coia ii@le Cj@
I I Ui
C@,@-,;t of 'lie etec,ion 7icId on VoVCI72-7,,-r 6 19@9 _ do ,.c;-; 7jy '@'Y ','Ie 's a @,:.!e
t @,(,t of Vc,'es cat rt s,,-'d c!ect@Dii of4"ie Zcu@@c, of
fili(ler oijr tliis 8__ of -,Not:e@,?b6r, 19_79_.
r
A c te:
-d
11/19/79
65 -
,A. PSTIACI' OF 1-0i@ES c,-@st in the of V-)*,.r,@ir-La, r,,c@a@
at t7ie Coi@,rol Elcctfo,-i lield t7ic @;-st T,,!c-,day c,'er the frst @,fo,,iday in Aovc,-nber, 19-@, for
OF T'-@IjI.- si@lqAT-r- 01, Vi?,GT@,@iTA
,\,Ul-ilb,@r of
r3lSTItICT
Total Votes vc,:es
Totpl Votes ',Iec-cived Received Inc!ziO,,d
Np.i!-,es of C-.nd,.'dptes (Ti (Tn Fi@,zes) !;i Tc,,;,l
@c,@er K. Ba)3alas Three Tli(Diasand i:lii:(@e Yiin(,' 3 75
r cd 3
sevcnty--five
T- d 3, - 0
3 , 8 2 6
ninety--eight
-0 -p-d-o TI
Q@is-,alad e-v@ty7:Four- -6,, 074
@-7ill.,am "Bill" RaliDh lrj,,ee -,I-,(Dus@and 3@A -,g
'T hi y-- n- 3'- r e
F@ou, d, t.,-)cn @,71e c,or@ d
Cc,,-,@-@, o' ,z o elL c'io n 7,.., I'd on @"c, v,;rber 19 7 9 1 , @e, c 7:,@t 0
ao t:o s i
'71-,,@',@2C,' of l'o,'es cost -z s@,.-;d el,c!'On j@or of tl,e Sei?.7,e of
oca 8 .. .... 6T,- of N 21-T
lg_ 7 9
A cci-,y ------
ELE
11/19/79
- 66-
APSI'RACT OF 170TES ct2st in the C-o---.;tylCity of -@@nil -Pcach
(jt the Ceiicral Elction hcld the f@,st Ti,esday cfier the first 3fonday in Nove;nber, 19@, for
OF Si-,',,NTATE OF VIIIGINIA
14th of
DIS'FPICT
Tota,l Votes ll'o;CS
Total Votes Received Received Iiicljlcd
N.qiiies of CpndidLtcs (L-i WriLing) (Til @s T@ ii
IN7 i ]-],j-a rkpr One Thc)usand -ix hundre@,- 1-62 2
'l-@qonty-t@vo
.,O,ie Thousaiid seven-ty--('-iqht- 1 07 8
C
13".d, of @7
CLl.rt of tlie Teld on Nov,.,-,@ber 9 7,9 (!o
@@4 c,,r;,cl Ibstr@ct of T"O.',-S C,@t al s@.,@d )@or Af ??ber(s) of @'lie 'e of
ti@,der our 7-@is 8 0 ,, r, 19@9
as of @N@ ve
cl@.,.i, n
d
11/19/79
-67 - Beach
Viraini-a
IT O@ @'01'ES ccst :n t7@e 0
tit tlie C6i@cral Elect@"o,-i held tlie f,-st TuesJzy af'er thC @rst ?,@'G,,id@-y in Noveir-ber, 19-7-9- for
43F V!!',Gll\'IA
Iti@111)@r Of
8 th l@', S'i il@ f CT
To' al Votes Voles
Total Votes Ro,ceived Received iiicl@,,Ied
i\'ames of C@Tip@i3@ites (Tn Figares) In To',ql
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11/19/79
(ITEM II-K.1) ITEM #14439 NEW BUSINESS
On motion by Councilman Riggs, seconded by Councilman Payne, City
Council voted to ACCEPT from the General Registrar the results of
the General Election held on November 6, 1979, pursuant to Section
24.1-140 of the Code of Virginia:
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley.
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
ITEM #14439(a)
Councilman Payne expressed concern over the crowded conditions at the
polling places in the City, and the tremendous amount of literature
disbursed on Election Day by the various pollers.
Councilman Payne expressed hope that our Legislation may relieve
the situation as other States have. However, if they could not
get it through the State level, perhaps enabling legislation
could allow the locality Re-.ulating Power.
Councilwoman Henley stated she bad discussed this matter with the
City Attorney in reference to the next Legislative Package.
Council asked the City Manager to investigate this matter and
report back to Council.
11/19/79
-69 -
(ITEM 11-K.1a) ITEM #14440
City Council discussed their concern over the recent malf,ncti,n
of the Norfolk voting machines, and the adverse publicity felt by
the City of Virginia Beach for the uncertain results of that
election.
Vice Mayor McCoy presented his strong feelings in this regard and
offered the following Resolution:
RESOLUTION CONCERNING ELECTION PROCEDURES IN
THE 5TH, 6TH, AND 7TH SENATORIAL DISTRICTS
WHEREAS, the right to vote is sacred to the
people of the Commonwealth and of
the Nation; and,
WHEREAS, The free exercise of this right is
vital to the democratic process and
must not be impeded or inhibited in
any way; and,
WHEREAS, The results of the Nove,ber 6, 1979,
election in the Fifth, Sixth, and
Seventh Senatorial Districts of
Virginia are clouded by confusion,
suspicion and doubt.
NOW, THEREFORE, BE IT RESOLVED that the City
Gouncil of the City of Virginia
Beach, Virginia, hereby urges the
appropriate authorities to take
immediate action to call another
election as soon as possible in
order that the voice of the people
be heard in this most important
matter affecting the selection of
Legislative Representative.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19th - day of November 1 1979
On motion by Vice Mayor McCoy, seconded by Councilwoman Henley, City
Council voted to ADOPT the above Resolution urging the appropriate
authorities to take immediate action to call another General Election
for the Fifth, Sixth, and Seve,th S@ratorial Districts; and further
authorized a copy of the Resol,,ti,)n b, forwarded to the State Electoral
Board.
Voting: 5 - 4
Council Members Voting Aye;
Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrik, J. Curtis Payne, and Roger L.
Rigg s
11/19/79
-7 0 -
Council Members Voting Nay:
John A. Baum, George R. Ferrell, Clarence A.
Holland, and Mayor Patrick L. Standing
Council Members Absent:
F. Reid Ervi@, and Meyera E. Oberndorf
(ITEM II-K.2) ITEM #14441
On motion by Councilman Payne, seconded by Councilman Holland, City
Council voted to DISPENSE with the Regular City Council Meeting
of December 24, 1979 (Christman Eve).
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, and Meyera E. Oberndorf
11/19/79
- 7 1 -
ITEM #14442
Vice Mayor McCoy requested a discussion at the next Council Meeting
(November 26, 1979) in the INFORMAL SESSION concerning Business
License Audits.
ITEM #14443
On motion by Councilman Baum, seconded by Councilman Ferrell, and
by ACCLAMATION, Council adjourned at 6:30 p.m.
Ruth Hodges- Smith, City Clerk fic'k L. Standing
City of Virginia Beach,
Virginia
November 19, 1979
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