HomeMy WebLinkAboutOCTOBER 22, 1979
CITY OF VIRGINIA BEACI
MUNICIPAL CENTER
@.s@t city" VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, Al L.,g@ CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gb
VICE MAYOR 1. HENRY M,COY JR., D.D.S., K@.p,.ill@ B.-.gb DONALD W. MERRICK, Ly@@h..- B.,..gb
JOHN A. BAUM, B.,..gb MEYERA E. OBERNDORF, Al L.,g@
F. REID ERVIN, A, L.,g@ 1. CURTIS PAYNE, P,i@,.@, A..@ B@,..gh
GEORGE R. FERRELL, A, L.,g@ ROGER L. RIGGS, Vi,gi.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, 22 October 1979 - 5:30 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. Police Report on Incidents of Drug Abuse.
2. Encroachments into Atlantic Beach from 42nd Street
through 89th Street.
3. Subdivision Line Fees: Discussion
ITEM II FORMAL SESSION: Monday, 22 October 1979 - 7:00 p.m.
A. INVOCATION - Reverend Edward A. McLeod, D. M.
Kings Grant Presbyterian Church
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF REGULAR PREVIOUS MEETING
1. Motion to accept/approve Minutes of 15 October 1979
E. RESOLUTIONS
1. Resolution supporting the Plan IV Corridor for the
design of Great Neck Road, Phase II
a. City Manager's letter recommends APPROVAL.
2. Resolution for the relocation and/or adjustment
of utilities for the North Witchduck Road - Phase II
Project.
a. City Manager's letter recommends APPROVAL.
F. PUBLIC HEARINGS - None
ITEM II G. CONSENT AGENDA
1. License refunds in the amount of $75 as subinitted
by the Commissioner of Revenue, Ivan Mapp.
H. PLANNING ITFMS
1. Application of Evelyn M. Vaughan for a variance to
Section 4.4(b) of the Subdivision Ordinance which
requires lot dimensions to conform to the CZO. She
wishes to subdivide a@ approximately 4.86 acre site
located on the west side of Lynnwood Drive, north of
Whip-Poor-Will Point, into three lots.
a. City Manager's letter transmits the recommenda-
tion of the Planning Commission for APPROVAL,
subject to Council's action.
SIGN POSTED IMPROPERLY.
2. Application of Robert M. Epstein for a variance to
Section 4.4(b) of the Subdivision Ordinance wifch
requires lot dimensions to conform to the CZO. He
wishes to subdivide an 8,750 square foot Darcel lo-
cated at the southwest intersection of 60th Street
and Oceanfront Avenue into two lots.
a. City Manager's letter transmitts the recommenda-
tion of the Planning Commission for DENIAL, sub-
ject to council's action.
SIGN NOT POSTED.
3. Application of Maurice and Isreal Steingold for a
change of zoning from A-1 Apartment District to
A-3 Apartment District on two parcels, totalling
.152 acres, located on the north side of 24th Street,
both east and west of Barberton Drive (Lynnhaven
Borough).
a. City Manager's letter transmitts the recommenda-
tion of the Planning Commission for APPROVAL,
subject to Council's action.
SIGN NOT POSTED.
4. Application of Chesapeake Fence and Awning Company,
Inc. for a change of zoning from B-2 Community-Busi-
ness District to I-1 Light Industrial District on a
2 acre parcel located at the northwest intersection
of Indian River Road and Reon Drive (Kempsville
Borough) AND, conditional use permit for a bulk
storage yard of this parcel.
a. City Manager's letter transmitts the recommenda-
tion of the Planning Commission for DENIAL, sub-
ject to Council's action.
SIGN POSTED IMPROPERLY.
5. Application of Rock Church for a conditional use per-
mit for expansion of an education building on a 5.256
acre parcel located at the southeast corner of Kemps-
ville Road and Manor Drive (Kempsville Borough).
a. City Manager's letter transmitts the recommenda-
tion of the Planning Commission for APPROVAL,
subject to Council's action.
SIGN POSTED IMPROPERLY.
ITEM II H. PLANNING ITEMS (continued)
6. Application of Margaret W. English for a change of
zoning from R-9 Residential District to A-3 Apart-
ment District on a .30-acre parcel located on the
east side of Sea Pines Road, west of Pacific Avenue
(virginia Beach Borough).
a. City Manager's letter transmitts the recommenda-
tion of the Planning Commission for APPROVAL,
subject to Council's action.
7. Application of , a Virginia General
Partnership, for a change of zoning from R-7 Resi-
dential District to A-2 Apartment District on a 2.5
acre parcel located at the southwest intersection
of Norfolk Avenue and Rudee Avenue (Virginia Beach
Borough) THIS MATTER WAS DEFERRED FOR 30 DAYS ON
SEPTE24BER 17, 1979.
a. City Manager's letter transmitts the recommenda-
tion of the Planning Commission for APPROVAL,
subject to Council's action.
8. Application of Parker Industries for a conditional
use permit for a car wash on a 1.15 acre parcel lo-
cated on the north side of Virginia Beach Boulevard,
east of Little Neck Road (Lynnhaven Borough). THIS
MATTER WAS DEFERRED FOR 30 DAYS ON AUGUST 27, 1979
AND DEFERRED AGAIN ON OCTOBER 1, 1979.
a. City Manager's letter transmitts the recommenda-
tion of the Planning Conunission for APPROVAL,
subject to Council's action.
9. Application of Arista Associates for the closure of
a portion of an unnamed 20-foot lane in the vicinity
of 27th Street and Pacific Avenue (Virginia Beach
Borough).
a. City Manager's letter transmitts the recommenda-
tion of the Planning Commission for APPROVAL,
subject to Council's action.
I. ORDINANCES
1. General
a. 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.
1. City Manager's letter recommends APPROVAL.
2. Second Readings
a. Ordinance to accept a grant, on second reading,
totaling $-14,420 from the Virginia State Depart-
ment of Health for Solid and Hazardous Waste
Management.
ITEM II I. ORDINANCES (continued)
3. Appropriations
a. First Readings
1. An ordinance to a3nend the ordinance adopted
May 7, 1979, establishing the tax levy on
real estate for the tax fiscal year 1980 re-
lating to the amount of levy on unequalized
public service real estate as provided for
in Section 58-512.1 of the Code of virginia
(1950), as amended.
a. City Manager's letter recommends APPROVAL.
2. An Ordinance to increase appropriations, in
the amount of $19,644, in the Comprehensive
Substance Abuse Program budget.
a. City Manager's letter recommends APPROVAL.
b. Bids
1. The low bid of Asphalt Roads and Materials
Company, Inc., in the amount of $490,535-93,
for the 19th Street Project (Parks Avenue
to Baltic Avenue),
AND, authorize the City Manager to enter into
the necessary agreements for the implementation
of this project. Funds are available.
a. City Manager's letter recommends APPROVAL.
J. OLD BUSINESS
1. Council Matters
K. NEW BUSINESS
1. Council Matters
L. ADJOURNMENT
Minutes of tlie Honorable City Council
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
October 22, 1979
The regular meeting of the Council of the City of Virginia Beach, Virginia, was
called to order by Vice Mayor J. Henry McCoy, Jr., in the Conference Room, in
the Administation Building, on Monday, October 22, 1979, at 5:30 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Absent:
George R. Ferrell, *Clarence A. Holland, and Mayor Patrick
L. Standing
ITEM #14325
Vice Mayor McCoy entertained a motion to permit Council to conduct an INFORMAL
SESSIOt@ 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
" disposition of publicly held property).
3. Consultation with legal counsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential
ligitation, or other legal matters within the jurisdiction of
the public body. (Leqal matters).
On motion by Councilman Baum, seconded by Councilman Riggs, City Council voted to
proceed into the EXECUTIVE SESSION following the L@IFORMAL SESSION.
Voting: 9-0
Council tlembers Voting Aye:
John A. Baum, F. Reid Ervin, Barbara ti. Henley, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, tleyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
2-
Council Members Absent:
George R. Ferrell, Clarence A. Holland, and Mayor Patrick
L. Standing
LAKE PEMBROKE SPILLWAY ITEM #14326
Councilman Baum requested information as to why the City is spending money on
the Lake Pembroke Spillway, and why the City doesn't consider relinquishing
the easement as it is of no value to Virginia Beach7
The City Attorney indicated he would study this matter and bring the information
to Council.
COUNCILMAN HOLLAND ENTERED INFORMAL SESSION AT 5:35 p.m.
POLICE REPORT-DRUG ABUSE ITEM #14327
The City Manager indicated David Crahl, Planning and Analysis Unit, Virginia
Beach Police Department, prepared a report entitled THE ROLE OF THE DEPARTMENT
OF POLICE IN THE ENFORCEMENT OF NARCOTICS, ALCOHOL AND VICE STATUTES IN VIRGINIA
BEACH.
On Wednesda@l/, August 22, 1979, the Norfolk-based newspaper, The Ledger Star,
published an article which alleged that drugs and vice are flourishing in
Virginia Beach. Moreover, the article charged that the primary reason for
this flourishing drug and vice trade was "because high-ranking members of
the Virginia Beach Police Department are all but ignoring the problem."
The purpose of the reportwas to investigate whether the Department of Police
is performing its duties and responsibilities in line with the expectations
of citizens regarding the enforcement of narcotics and vice statutes.
During the eight and one-half (81/2) year period for which this data was gathered,
less than one percent of all citizen-initiated calls for police services dealt
with narcotics, alcohol and vice complaints (.99%). Only during the 1972 to
1975 period did the proportion of these particular types of calls marginally
exceed the one percent level. More importantly, the proportion of citizen-
initiated calls for reporting narcotics, alcohol and vice violations has
declined steadily from 1974 to the present.
One method to obtain a measure of the nature and extent of any alleged drug
problem would be to ascertain the frequency with which different types of
substances are distributed and consumed. However, given the nature of illegal
drug distribution and consumption, such a method might be somewhat impractical
to implement.
A more suitable strategy would be to examine some of the more observable by-
products of a substance problem. More specifically, it would be advantageous
to determine:
1. The number of persons who sought emergency room treatment
at area hospitals in any given calendar vear for the abuse
of such substances;
2. The number of drug-abuse deaths occurri'ng 1 .n any gi.ven calendar
year and which are so classified by medical examiners; and,
3. The types of substances which impelled individuals to seek
medical attention or which caused death.
Data for the Tidewater area (Virginia Beach, Norfolk, Portsmouth, and Chesapeake)
during 1978 revealed that 232,314 persons visited hospital emergency rooms for
the treatment of various conditions and illnesses. Of this number, 1030 were
drug-related in the form of overdoses, chronic effects or unexpected reactions.
Moreover, this figure indicates that less than one percent (.44%) of all- hospital
emergency room visits in Tidewater were for the treatment of drug-related problems.
10/22/79
Other data revealed that during the October, 1977 to September, 1978 time
period in Tidewater, the four area medical examiners classified twenty-four (24)
deaths as a result of drug abuse. Classes of su@stances which were either
directly or indirectly responsible for these twenty-four (24) deaths include:
1. Psychostimulants;
2. Barbiturate and non-barbiturate sedatives;
3. Narcotic and non-narcotic analgesics;
4. Tranquilizers;
5. Anticonvulsants/antinauseants;
6. Inhanents/solvents/aerosols; and,
7. Alcohol when ingested with another substance.
The above mentioned substances also caused either directly or indirectly the
deaths of eleven persons in Virginia Beach in 1979 and the first six (6)
months of 1979.
Table V of the report (a copy of which is in the Office of the City Clerk) shows
the extent by which the abuse of certain substances led to hospital emergency
room treatments in Tidewater during 1978. An analysis of the data contained
therein produces some interesting findings.
First, the particular therapeutic class of substances which was abused most
frequently by persons seeking medical treatment were tranquilizers. These
substances accounted for a little over twenty-five(25%) percent of all drugs
mentioned during drug-related emergency room contacts in 1978.
The short-term effects of a tranquilizer taken in an average dose is the easing
of anxiety or tension, the suppression of neurotic or psychotic symptoms as well
as improved functioning. Although the long-term effects of frequent or heavy
use may result in the destruction of blood cells, jaundice, hypertension, skin
rash, blurred vision, decreased initiative, muscle stiffness or convulsions,
tranquilizers such as Librium, Valium and Thorazine are actively advertised
and promoted to physicians who wish to prescribe these substances to their
patients for indefinite periods of time. Accordingly, there is only a
negligible black market for this particular class of substance.
The second most frequently appearing class of drugs which were mentioned by
persons seeking emergency room medical treatment for substance-related problems
in Tidewater during 1978 were the non-narcotic analgesics (15.9%). More
commonly referred to by such names as Aspirin, Tylenol and Darvon, the
pharmacological action of these substances is well-known in relieving a wide
variety of maladies, both real and imagined. However, these particular sub-
stances are far from harmless. Aspirin, for example, when taken in excessive
doses can cause ulcers, gastrointestinal bleeding and even death.
The third most frequently abused drug category by persons seeking energency
room ti,eatment in Tidewater last year for drug-related problems was alcohol
when used in combination with some other substance.
Given the low proportion of persons who sought emergency room treatment in the
Tidewater area during 1978 for drug-related problems, it would seem that the
overall level of substance abuse is rather low.
Moreover, an examination of the specific types of drugs associated with the
emergency room treatments reveal that the classes of substances which are
most frequently abused are tranquilizers, non-narcotic analgesics and alcohol
in combination with other substances.
What the report shows is that the Department of Police is effectively discharging
its duties and responsibilities in line with public expectations regarding the
enforcement of narcotics, alcohol and vice statutes.
I 0 / 2 2 /7 9
4-
In addition, the report also showed that while there appears to be only a minimal
drug problem in the entire Tidewater area, the most frequently abused substances
are tranquilizers, non-narcotic analgesics and alcohol when used in combination
with another substance. While legitimate procurement of tranquilizers requires
the prescription of E, doctor, many of the non-narcotic analgesics such as Aspirin
and Tylenol as well as alcohol can be purchased by consumers directly "over-the-
counter" without a prescription.
ENCROACHMENTS INTO ATLANTIC AVENUE ITEM #14328
FROM 42nd STREET THROUGH 89th
STREET
The City Manager indicated Councilman Ervin had requested a report regarding the
encroachments into Atlantic Avenue from 42nd Street to 89th Street (Ocean Front).
The City Manager indicated for Council's perusal the Staff has placed maps
on the wall in the Conference Room showing all encroachments in the areas
mentioned above.
The City Manager recommended the following:
1. All encroachments not attached to a residence must
be removed;
2. All encroachments attached to a residence will be
given one (1) year to put in an application to
Council requesting the encroachment be permitted;
and,
3. Encroachments on the beach (gazebos, sun decks, etc.), owners
will be given six (6) months notice to remove them, if not
the City will remove them; or the owner could apply for a
Council encroachment.
4. After six (6) months notice all residents having encroachment
will be given ten (10) days to remove it.
Councilman Ervin requested the City Manager to meet with the North Virginia Beach
Civic League to show the residents in the area where the encroachments exist.
SUBDIVISION LINE FEES ITEM #14329
The City Manager indicated he was requested to compute the exact amount it would
cost to refund neighborhoods which had applications, or fifty-one percent (51%),
of the residents had signed up for sewer line installation at the rate of $440.00,
and those neighborhoods that had fifty-one (51%) and signed at the rate of $575.00.
The calcula-tions were based on two assumptions:
1. All residents within a project would be charged the
same rates. The rate would be that which represents
the lowest rate paid by any resident of the project;
2. All residents of neighborhood sewer projects would
receive the $440.00 rate.
In an effort to differentiate between the initial financial impact to the
Water and Sewer Fund, and the potential loss of revenue, the figures were
computed in the following manner:
Group A - those neighborhood sewer projects previously
completed. The effect of any change on this
group would represent an immediate refund.
Group B - those sewer projects currently under construction
or scheduled for future construction. The effect
on this group would represent a loss of future
revenue to the Fund. 1 0 / 2 2/7 9
5
The following attachment indicates the minimum refund to customers for projects
already completed would be $3,311,930. Added to this would be the minimum future
revenue 1 oss of $1 l 53,625 for a total impact of $4 465, 555.
In addition, as is indicated in Group C, the tc)tal financial impact on the
Water and Sewer Fund if all residents aye offered $440.00. For projects
with agreements, this amount totals $5,165,225. For all neighborhood sewer
projects, it is $5,498,220.
It should be noted, however, that all of the figures are minimum as they
represent calculations based on minimum line fees (100-foot frontages).
Frontages larger than this could substantially increase the numbers.
Also, this does not begin to address the administrative costs which would be
associated with the refund and recalculations of over 19,000 line fees.
Mr. Aubrey V. Watts, Director of Public Utilities, appeared regarding this
matter.
BROCHURE - SITE PLAN REQUIREMENTS ITEM #14330
SMALL SUBDIVISION
The City Manager passed to Council a brochure on Site Plan Requirements for
the small subdivision.
There is one more brochure, which is being worked on now, regarding the
larger subdivision.
1 0 2 2/ 7 9
6-
A - Neighborhood Sewer Projects - Already Completed
1- Projects with $440 agreements on file
Numbet of lots paid at current rate 7,780
Refund ($780 + ($110) - ($440 + $60) X $390
$3,034,200
Number of lots paid at $575 rate 447
Refund ($575 + $80) - ($440 + $60) X $155
$ 6 9 , 2 8 5
2- Projects with only $575 agreements on file
Number of lots paid at current rate 887
Refurfd ($780 + $110) - ($575 + $80) X $235
$208,445
MINIMUM REFUND FOR COMPLETED PROJECTS $3,311,930
B All Projects Under Construction or Scheduled for
Future Construction
1- Number of lots scheduled to pay at
current rate 2,681
Revenue loss
($780 + $110) - ($440 + $60) X $390
$1,045,590
2- Number of lots scheduled to pay at
$575 rate 697
Revenue loss
($575 + $80) - ($440 + $60) X $155
$108,035
MINIMUM FUTURE REVENUE LOSS $1,153,625
(A & B) MINIMUM IMPACT ON WATER & SEWER FUND $4,465,555*
C Impact If All Lots in All Projects were
Recalculated at the $440 Rate
1- Number of lots paying at $780 rate 12,681
Loss ($780 + $110) - ($440 + $60) X $390
$4,945,590
Number of lots paying at $575 rate 1,417
Loss ($575 + $80) - ($440 + $60) X $155
$219,635
TOTAL FOR ALL PROJECTS WITH AGREEMENTS $5,165,225*,
2- For All Projects, Including Those
.Without Agreements
Number of lots paying at $780 rate 14,098
Loss ($780 + $110) - ($440 + $60) X $390
TOTAL FOR ALL PROJECTS WITHOUT AGREEMENTS $5,498,220*
*These figures are minimum amounts, as they were calculated assuming all lots
paid or will pay minimum lipe fees (100' frontage). Actual calculations
wniilrl rp-ult in crreater amounts. 10/22/79
- 7 -
FORMAL SESSION
ITEM #14331
Monday, October 22, 1979
7:05 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence
A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
INVOCATION was given by the Reverend Edward M. McLeod, D. M., Kings Grant
Presbyterian Church.
PLEDGE OF ALLEGIANCE
ITEM #14332
Vice Mayor ficcoy recognized Mrs. Virginia James and her Adult Government Evening
Class from Princess Anne High School.
ITEM #14333
Vice Mayor McCoy recognized the Weblo Boy Scouts.
(ITEM II-D.1) ITEM #14334 MINUTES
On motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted
to APPROVE the minutes of the regular meeting of October 15, 1979, with the following
correction to Item #14307 and Item #14308:
ITEM #14307 "Deferred the following Ordinance back to the
Planning Commission to STUDY THE ENTIRE CONCEPT
OF CLUSTER DEVELOPMENT IN THE AGRICULT(JRAL
DISTRICTS ...........
ITEM #14308 "Deferred the following Ordinance back to the
Planning Commission to STUDY THE ENTIRE CONCEPT
OF CLUSTER DEVELOPMENT IN THE AGRICULTURAL
DISTRICTS ............
Voting: 9-0
1 0 2 2 7 9
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,
Meyera E. Oberndorf, J. Curtis Paynp, and.. Rooer L. Riggs
Council rlembers Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
(ITEM II-E.1) ITEM #14335 RESOLUTIONS
On motion by Councilman Merrick, seconded b@, Councilman Holland, City Council
voted to APPROVE the following Resolution supporting the Plan IV Corridor for
the design of Great Neck Road, Phase II:
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,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
t@one
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 0 2 27 9
-9 -
RESOLUTION
WHEREAS, a Public Hearing was conducted on June 7,
1979 in the City of Virginia Beach by representatives of
the Commonwealth of Virginia, Department of Highways and
Transportation, after due and proper notice for the purpose
of considering the proposed location of Great Neck Road
from Shorehaven Drive to Shore Drive (Route 60), State
Project UOOO-134-108, PE-101, C-501, in the City of Virginia
Beach, at which hearing, aerial photographs, drawings, and
other pertinent information were made available for public
inspection in accordance with State requirements, and
WHEREAS, all persons and parties in attendance were
afforded full opportunity to participate in said Public
Hearing, and
WHEREAS, representatives of the City of Virginia Beach
were present and participated in said Hearing, and
WHEREAS, the Council had previously requested the Virginia
Department of Highways and Transportation on March 26, 1973
to program this project, and
WHEREAS, the City of Virginia Beach concurs with the
recommendation of the Virginia Department of Highways and
Transportation that the project be designed along the corridor
of Plan IV as presented at the Hearing, and
WHEREAS, the City of Virginia Beach desires to maintain
a vertical clearance over Long Creek and Long Creek Canal to
match the existing bridge over Long Creek Canal (35.92 feet), and
WHEREAS, the City of Virginia Beach recommends the inclusion
of a debris screen to protect adjacent property near the bridge,
and
WHEREAS, the Council considered all such matters,
Therefore, be it resolved that the Council of the City of
Virginia Beach hereby approves the location of the project
along the corridor of Plan IV as presented at the Public Hearing,
to include maintaining a 3S.92 feet clearance over Long Creek
Canal and Long Creek channels, and including a debris screen
adjacent to the bridge, and further that the Virginia Department
of Highways and Transportation is hereby requested to proceed
with the design of Great Neck Road from Shorehaven Drive to Shore
Drive as presented at the aforementioned Public Hearing, with
the provisions as stated above.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
22nd day of October 1979.
1 0 / 2 2 / 7 9
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(ITEM II-E.2) ITEM #14336
On motion bv Councilman Baum, seconded by Councilman Holland, City Council voted
to APPROVE the following Resolution for the relocation and/or adjustment of
utilities for the North Witchduck Road, Phase II Project:
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,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs
Council tlembers Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 0 2 2/ 7 9
- 1 1 -
R E S 0 L U T I 0 N
WHEREAS, the Highway Department proposes to construct or otherwise
improve a section of roadway from 0.48 miles south of Virginia Beach Boulevard
to 1.63 miles north of Virginia Beach Boulevard designated as Highway Project:
UOOO-134-109, PE-101, C-501; and
WHEREAS, the City Council is responsible for making arrangements
for the adjustment and/or relocation of 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 made 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 further provided that the City is advised
in writing by the Highway Department at the time of delay that the road con-
tractor intends to file a claim.
Sa4d utilities are identified as follows:
Utility Owner Type of Facility
City of Virginia Beach Water
Virginia Electric and Power Company Gas
Virginia Electric and Power Company Power
The Chesapeake and Potomac Telephon
Company of Virginia Communications
Mayor
C,4 Clerk
Approved by the City Council of the City of Virginia Beach,
Virginia, on the 22nd day of October 1979.
1 0 / 2 2 /7 9
1 2 -
(ITEM II-G.1) ITEM #14337 CONSENT AGENDA
On motion by Councilman Baum seconded by Councilwoman Oberndorf, City Council voted
to APPROVE the following lic;nse refunds in the amount of $75.00, as submitted by
the Commissioner of the Revenue, Ivan D. Mapp:
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. tlerrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 0 2 2/ 7 9
- 1 3-
AN ORDINAT@CE AUTI]OIIZING f,.ICI@"'ISE Ri-,'I'[JNDS
U]ION APPI,'[Cl@'VIO@, OF CFRTAII,,' PE.TRSONS A@@D -
UPON CEIZTIFICATIOtq OF THE CO,'-@l,',IISSIONER
OF TFIE REVENIJE
BE @IT ORDAINED 13Y THI@' COUNCIL OF TIIE CITY OF VIRGI@IIA BEACif, VIRGINIA:
That the following applications for licens-- refunds, upoll cc@rtificatior,
of the C()mmissioner of the Revenue are hereby approved:
LICENSE DATE
NAME YEAR PAID BASE PENALTY INT. TOTAL
Oscar R. Chison 1979 1/22/79 50.00 50.00
David B. Jennings 1979 9/13/79 25.00 25.00
Approved as to form:
ey
The above abatemen-@(s) totaling $ 75.00 were approved by tlie
council of the City of Virginia Beach on the day of
19
TU t h-li od g e sm@i t Yi-
City Clerk
10/22/79
-1 4-
(ITEM II-H.1) ITEM #14338 PLANNING AGENDA
On motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted
to DEFER UNTIL NOVEMBER 19, 1979, the following application of Evelyn M. Vaughan
for a variance to Section 4.4 (b) of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning Ordinance, as the sign was not
properly posted:
Subdivision Variance: Appeal from Decisions of Administrative Officers in
regard to certain 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.
The applicant wishes 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 three
(3) lots.
Voting: 9-0 (for deferral)
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,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 0 2 2/ 7 9
1 5 -
(ITEM II-H.2) ITEM #14339
On motion by Councilman Ervin, seconded by Councilman Riggs, City Council voted to
DEFER UNTIL NOVEMBER 19, 1979 the application of Robert M. Epstein for a variance
to Section 4.4(b) of the Subdivision Ordinarice which requires lot dimensions to
conform to the Comprehensive Zoning Ordinance; and further authorized the Planning
Department to post the proper dates on the sign.
City Council deferred this matter as the sign was not posted properly.
Subdivision Variance: Appeal from Decisions 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.
The applicant wishes to subdivide an 8,750 square foot parcel located at the
louthwest intersection of 60th Street and Oceanfront Avenue into two (2) lots.
Voting: 9-0 (for deferral)
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,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs.
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 02 2 7 9
-1 6-
(ITEM II-H.3) ITEM #14340
Mr. Steingold appeared regarding his application
On motion by Councilman Merrick, seconded by Councilman Holland, City Council voted
to DEFER UNTIL NOVEMBER 26, 1979, the following Ordinance upon application of Maurice
and Israel Steingold for a Change of Zoning District Classification from A-1 apartment
District to A-3 Apartment District on certain parcels located on the North side of
24th Street:
The application was deferred as no sign was posted.
Ordinance upon application of Maurice and Israel Steingold for a Change of Zonina
District Classification from A-1 Apartment District to A-3 Apartment District on
certain parcels located on the North side of 24th Street.
Parcel 1: Located at the Northeast intersection of 24th Street and Barberton
Drive, running a distance of 125 feet along the North side of 24th Street,
running a distance of 250 feet along the Eastern property line, running a
distance of 125 feet along the South side of 25th Street and running a distance
of 250 feet along the East side of Barberton Drive.
Parcel 2: Located on the North side of 24th Street beginning at a point 125 feet
West oFBarberton Drive, running a distance of 280 feet along the North side of
24th Street, running a distance of 125 feet along the Western property line,
running a distance of 280 feet along the Northern property line and running a
distance of 125 feet along the Eastern property line.
Said parcels contain 1.52 acres. Lynnhaven Borough
Voting: 9-0 (for deferral)
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,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
I 02 2 7 9
-1 7 -
(ITEM II-H.4) ITEM #14341
On motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council
voted to DEFER UNTIL NOVEMBER 26, 1979, the following Ordinaiice upon application
of Chesapeake Fence and Awning Company, Inc. , for a Change of Zoning District
Classification from B-2 Community-Business District to I-I Light Industrial
District.
The sign was not properly posted; however, a letter was received from Mr. H. K.
Reveley, Jr., Attorney, requesting deferral of this matter.
Ordinance upon application of Chesapeake Fence and Awning Company, Inc., for a
Change of Zoning District Classification from B-2 Community-Business District
to I-] Light Industrial District on certain property located at the Northwest
intersection of Indian River Road and Reon Drive, running a distance of 226.67
feet along the North side of Indian River Road, running a distance of 221.62
feet along the Western property line, running a distance of 351.48 feet along
the Northern property line and running a distance of 386.44 feet along the West
side of Reon Drive. Said parcel contains 2 acres. Kempsville Borough
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Barbara tl. Henley, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs
Council Members Voting Nay:
tlone
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 02 2/ 7 9
1 8 -
(ITE@l II-H.4.a) ITEM #14341(a)
On motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council
voted to DEFER UNTIL NOVEMBER 26, 1979, the following Ordinance upon application
of Chesapeake Fence and Awning Company, Inc., for a Conditional Use Permit for a
bulk storage yard.
The sign was not properly posted; however, a letter was received from Mr. H. K.
Reveley, Jr., Attorney, requesting deferral of this matter.
Ordinance upon application of Chesapeake Fence and Awning Company, Inc., for a
Conditional Use Permit for a bulk storage yard on certain property located at
the Northwest intersection of Indian River Road and Reon Drive, running a
distance of 226.67 feet along the No-th side of Indian River Road, running a
distance of 221.62 feet along the Western property line, running a distance
of 351.48 feet along the Northern property line and running a distance of
386.44 feet along the West side of Reon Drive. Said parcel contains 2
acres. Kernpsville Borough.
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 0 2 2/ 7 9
- 19 -
(ITEM II-H.5) ITEM #14342
Mr. Bart Pierce represented the application,
Mr. Curtis B. Woolard, representing the Kempsville Borough Civic League, appeared
in opposition to the application.
On motion by Councilman Merrick, seconded by Councilwoman Henley, City Council voted
to DEFER UNTIL NOVEMBER 26, 1979, the following Ordinance upon application of Rock
Church for a Conditional Use Permit for expansion of an edtication building.
The application was deferred as the sign was not posted properly.
Ordinance upon application of Rock Church for a Conditional Use Permit for
expansion of an education building on certain property located at the South-
east corner of Kempsville Road and Manor Drive, running a distance of 450 feet
along the East side of Kempsville Road, running a distance of 440 feet along the
North side of Milburne Drive, running a distance of 480 feet along the West side
of Rudyard Lane and running a distance of 470 feet along the South side of Manor
Drive. Said parcel contains 5.256 acres. Kempsville Borough
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 0 2 27 9
- 2 0 -
(ITEM II-H.6) ITEM #14343
Mr. John K. Moore, Attorney, represented the applicant
On motion by Councilman Merrick, seconded b@/ Councilman Riggs, City Council voted
to uphold the recommendations of the Planning Commission and APPROVE the following
Ordinance upon application of Margaret W. English for a Change of Zonin 'ct
'i'tr'
Classification from R-9 Residential District to A-1 Apartment District (?,,odified
from A-3 Apartment District); subject to the amendment to stipulation number six
(6):
A FIVE-(5) FOOT DEDICATION ALONG SEA PINES ROAD
INSTEAD OF THE SIX-(6) FOOT DEDICATION AS
STATED IN THE STIPULATIONS
ORDINANCE UPON APPLICATION OF MARGARET W. ENGLISH FOR Z01079453
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-9
RESIDENTIAL DISTRICT TO A-1 APARTMENT DISTRICT
(MODIFIED FROM A-3 APARTME@4T DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Margaret W. English for a Change of Zoninq District
Classification from R-9 Residential District to A-1 Apartment District (modified
from A-3 Apartment District) on certain property located on the East side of Sea
Pines Road beginning at a point 125 feet West of Pacific Avenue, running a distance
of 125 feet along the Southern property line, running a distance of 220 feet niore or
less along the East side of Sea Pines Road and running a distance of 180 feet along
the Eastern property line. Said parcel contains .30 acre. Virginia Beach Borough.
Approval is subject to the following conditions in conjunction with the intended use
of the land:
1. Modified to A-1 Apartment District.
2. Standard improvements as required by the Site Plan Ordinance.
3. City water and sewer.
4. Right-of-way improvements will be necessary along Sea
Pines Road; this includes pavement widening, curb and
gutter, sidewalk, and drainage facilities.
5. On-site drainage system with the necessary downstream
drainage improvements and easements.
And further subject to the following condition prior to the change on the official
zoning map:
1. A dedication of right-of-way 25-feet from the centerline
of the existing 30-foot right-of-way along the 220-foot
frontage on Sea Pines Road (a 5-foot dedication).
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
22nd day of October 1979
1 0 2 2/ 7 9
2 1 -
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,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
(ITEM 11-H.7) ITEM #14344
Mr. L. B. Cox, Attorney, represented the applicant
Commander Jackson, Oceana Naval Air Station, also appeared regarding this matter.
On motion by Councilman Baum, seconded by Councilman Riggs, City Council voted to
uphold the recommendations of the Planning Commission and APPROVE the following
Ordinance upon application of The Big Four, a Virginia General Partnership, for
a Change of Zoning District Classification from R-7 Residential District to A-2
Apartment District:
ORDINANCE UPON APPLICATION OF THE BIG FO[JR, A VIRGINIA Z01079454
GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-7 RESIDENTIAL DISTRICT TO A-2
APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
T[iAT:
Ordinance upon application of The Big Four, a Virginia General Partnership, for a
Change of Zoning District Classification from R-7 Residential District to A-2
Apartment District on certain property located at the Southwest intersection of
Norfolk Avenue and Rudee Avenue, running a distance of 400 feet along the South
side of Norfolk Avenue, running a distance of 290 feet along the Western property
line, running a distance of 326.14 feet along the Southern property line, running
a distance of 90.1 feet in a Northerly direction, running a distance of 128.07 feet
in an Easterly direction and running a distance of 170 feet along the West side of
Rudee Avenue. Said parcel contains 2.5 acres more or less. Virginia Beach 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.
1 0 / 2 2 / 7 9
2 2 -
3. Pight-of-way improvements will be necessary along all
adjacent rights-of-way; this includes'r)avement widening
curb and gutter, sidewalks, and drainage facilities.
4. On-site drainage system with the necessary downstream
drainage improvements and easements will be required.
5. The lease shall give full disclosure that this site is
in the Ocean Naval Air Station Noise Zone Three (3).
And further subject to the following conditions prior to the change on the official
zoning map:
1. A dedication of right-of-way 30-feet from the centerline
of the existing 30-foot right-of-way along the 400-foot
frontage on Norfolk Avenue (a 15-foot dedication).
2. A vacation of the existing lot lines in order to avoid
the creation of non-conforming lots.
This Ordinance shall become effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
22nd day of October 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,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
I 02 27 9
2 3 -
(ITEM II-H.8) ITEM #14345
Mr. Parker appeared regarding his application
On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted
to RECONSIDER the application of Parker Industries for a Conditional Use Permit
for a car wash.
Voting: 9-0
Council Members Voting Aye: (for reconsideration)
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, Vice Mayor J. lienry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
None
ITEM #14345(a)
On motion b\t Councilman Merrick, seconded by Councilman Baum, City Council voted
I
to uphold the recommendations of the Planning Commission and APPROVE the following
Ordinance upon application of Parker Industries for a Conditional Use Permit for a
car wash:
ORDINANCE UPON APPLICATION OF PARKER INDUSTRIES FOR A Z01079276
CONDITIONAL USE PERMIT FOR A CAR WASH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Parker Industries for a Conditional Use Permit for a
car wash on certain property located on the North side of Virginia Beach Boulevard
beginning at a point 200 feet East of Little Neck Road, running a distance of 210
feet along the North side of Virginia Beach Boulevard, running a distance of 162
feet in a Northerly direction, running a distance of 42.8 feet in an Easterly
direction, running a distance of 100 feet in a Northwesterly direction, running a
distance of 430 feet more or less in a Southwesterly direction, running a distance
of 20 feet along the East side of Little Neck Road, running a distance of 187.69
feet in a Northeasterly direction and running a distance of 162 feet in a South-
easterly direction. Said parcel contains 1.15 acres. Lynnhaven Borough.
Approval is subject to the following conditions in conjunction with the intended use
of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer
1 0 / 2 2 / 7 9
2 4-
3. No water shall be permitted to fall upon or drain across
public streets or sidewalks or adjacent properties.
4. The recycling of water in accordance with the City Code.
5. Parking at a ratio of three (3) spaces for each car wash
space within the facility.
6. A revised site plan showing adequate setbacks, parking,
access, and traffic circulation.
7. The proposed car wash should not result in the elimination
of existing parking or the obstruction of traffic circulation
associated with adjacent businesses.
8. The dedication of a temporary construction easement and permanent
drainage easements as shown on the plans on file in the City
Engineering Division.
9. Only for a two-bay car wash.
The following Stipulations were 'WAIVED by City Council
1. A dedication of right-of-way 75-feet from the centerline
of the existing 120-foot right-of-way and a reservation
of an additional 5-feet along the 210-foot frontage on
Virginia Beach Boulevard (a 15-foot dedication and a
5-foot reservation).
2. A bond for right-of-wav improvements along this site's
frontage on both Virginia Beach Boulevard and Little
Neck Road will be required.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
22nd day of October 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,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs.
Council Men@bers Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 02 2 7 9
IL
(ITEM II-H.9) ITEM #14346
Mr. Bruce B. Mills, Attorney, represented the applicant.
On motion by Councilman Riggs, seconded by Councilman Holland, City Couhcil voted
to uphold the recommendations of the Planning Commission and APPROVE the following
application of Arista Associates for the discontinuance, closure and abandonment of
a 20-foot lane:
Application of Arista Associates for the discontinuance, closure and abandonment
of a 20-foot lane located between 27th and 28th Street, beginning at a point 300
feet East of Arctic Avenue and running in an Easterly direction a distance of
84.03 feet. Said parcel contains 1680 square feet. Virginia Beach Borough.
Approval is subject to the following conditon:
1. Retention of a drainage easement over the
area to be closed.
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,'
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 0 2 27 9
2 6-
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
UNNAMED 20' LANE AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED "PLAT SHOWING
PROPOSED STREET CLOSURE VICINITY OF 27TH
STREET AND PACIFIC AVENUE, VIRGINIA BEACH,
VIRGINIA"
WHEREAS, it appearing by affidavit that propernoticehas been given
by
g that he would make application to the Council
of the City of Virginia Beach, Virginia, on August 27, -, 1979, to
have the hereinafter described street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be
discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia,
that the herinafter described street be discontinued, closed and vacated.
ALL that certain unnamed 20' lane as shown in the shaded
area of that certain plat entitled "Plat Showing Proposed
Street Closure Vicinity of 27th Street and Pacific Avenue,
Virginia Beach, Virginia, dated July 5, 1979, Scale 1" -
20', prepared by Freeman and Freeman. Engineers and Sur-
veyors, Virginia Beach, Virginia" said plat being attached
hereto and to which reference is made for a more particular
description.
Said parcel of land being a portion of a 20' unnamed lane as indicated
on that certain plat aforesaid, which plat is attached hereto.
SECTION II
This Order shall be in effect 30 days froin adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
22nd day of October -, 1979.
proval subject to following stipulation:
Retention of a drainage easement over the
area to be closed.
1 0 / 2 2 / 7 9
27 -
)4
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
UNNAMED 20' LANE AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED, "PLAT SHOWING
PROPOSED STREET CLOSURE VICINITY OF 27TH
STREET AND PACIFIC AVENUE, VIRGINIA BEACH,
VIRGINIA"
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, ARISTA ASSOCIATES respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of the Code
of Virginia, as amended, the petitioner applies for the vacating, closing,
and discontinuance of a portion of that certain street, which is more
specifically described as follows:
ALL that certain unnamed 20' lane as shown in the shaded
area of that certain plat entitled "Plat Showing Proposed
Street Closure Vicinity of 27th Street and Pacific Avenue,
Virginia Beach, Virginia, dated July 5, 1979, Scale 1" =
20', prepared by Freeman and Freeman, Engineers and Sur-
veyors, Virginia Beach, Virginia" said plat being attached
hereto and to which reference is made for a more particular
description.
Said parcel of land being a portion of an unnamed 20' lane, as
indicated on that certain aforesaid plat, which plat is attached hereto and
made a part hereof and intended to be recorded with the Ordinance closing
the aforedescribed street.
2. That no inconvenience will result to any persons by reason of
said closing, vacation, and discontinuance of said street, and the petitioner
prays that this Honorable Council appoint viewers as Drovided by law to view
said platted street proposed to be closed and to report in writing to the
Council on or before the_ day of , 1979 as to whether
in the opinion of said Viewers, what inconvenience, if any, would result from
the discontinuance and closing of this portion of said street, as herein reported
and described.
1 0 / 2 2/ 7 9
3. That on the day of 1979,
Notice of the presenting of this Application was posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia, on the premises
to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue,
Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto,
and a copy of said Notice.
4. That the Petitioner is fee simple owner of all land along and
adjacent to and affected by said portion of the platted street to be closed
and consequently, your Petiioner is the only landowner affected by the same.
Respectfully submitted.
ARISTA ASSOCIATES
By
Bruce B. Mills
Attorney at Law
4635 Virginia Beach Boulevard
Virginia Beach, Virginia 23452
19 ..... b, JW
....... D-C
of ..................
ir.
10/2 2/79
2 9 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Br.ce B. '4ills has given due and
proper notice, in accordance with the statutes for such cases made and provici.@d
that they will on the day of -1 1979, apply to the
City Council ol- the City of Virginia Beach, Virginia, for the appointment of
Viewers to view the below described property and report in writing to the Council
whether, in the opinion of said Viewers, any, and if any, what inconverience
would result from the discontinuance of the herc-inafter described portiol of
that 20' unnamed lane and has filed sucli appli,-ation with said Couricil.
NOW, THEREFORE, be it ORD,@INED, by the Council of the City of Virgiiiia
Beach, Virgiiiia:
THAT Robert J. Scott C. Oi@al L.amh.(,rt, Jr.
A[iD - David M. Groc@imal are herlby appoirited as viei@iers for 'lie
below described property and report in writing to the Council on cr beloi-,.
1979, whether in their o@)iiiion, any, atld if an@,
what inconvenience would result in the discontinliing and vacating of a po@,t-ir.1)
of that certain street of va-iable width located in the City of Vii-ginia
Vii,giiiia, and more particulat,ly described as @c)llows:
ALL that certain unnamed 20' lane as sho,,-in in th(, shadcd
area of that certain plat entitled "Plat Sliow-ing Proposed
Street Closure Vicinity of 27th Street and Pacific Avenue,
Virginia Beach, Virginia, dated July 5, 1979, Scale '," =
20', prepared by Freeman and Freeiflan, Engineers aiid Sur-
veyors, Virginia Beach, Virginia' said Plat @@eing attached
hereto and to which reference is @'nade foi@ a n4ci-e parl@icular
descrip-@ion.
3 0 -
(ITEM II-I.I.a) ITEM, #14347 ORDINANCE
On motion by Councilman Holland, seconded by Councilman Payne, City Council voted
to DEFER UNTIL NOVEMBER 5, 1979, FOR FURTHER STUDY 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: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara tl. Henley, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 0 2 2/7 9
3 1 -
P@c,qi-,c-,stc,d by: Cc)i.iiaciJ-inziri liolland
AN ORFJINANCE TO i@,,IEND CIII.PTER 31- OF
TYIE CODE OF Tlll,, CITY OF VTRCTNI7\, DEACII
Rr,LATING TO -1@XATION LY ADE',IT,,'-- @ @@EW
8ECTION -@LAa'TNIG TO AN ANNUAL LICENSE
TAX ON AUTO!,!Ol@ll,v-S NIO,' TjISPLAY'@@@C
CURIZE@TT PLATE-, ;',',',ID WHICTI. z@,RE
NOI- EXET'TPT Ptl,,SU@4T TO GENERY',L LA,q
BE I-@ ORDAINED BY TIIE COUNCIL or THE CITY OF VIRGINIA
BEP.CH, VIRGINIA:
That Chapter 33 of the Code of the City of Virginia Beacli,
Virginia, is hereby amended and reordelined by adding Divisi-on 9
relating to annual 14-cense tax on owners of automobilcs which do
not display curren,@ license plates and v.@hich are no@. exel-.,Dt
general law.
There is hereby imposed an annual license tax of fifty
dcllars ($50.00) per autoriobile on owiiers of automol)iles I-ocat(,d
in the City whicli do not display current lic-,ense plates and wh-@'-cli
are not exempt from the requirementsof display4-ng such license
under provi-sions of Sections 46.1-42 tha:ough 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 "autornobile graveyard" as defined in Sectiol-i
33.1-279.3, Code of Virginia of 1950, as amended, or in the possess@-on
of a licensed junk dealer or licensed automobile dealer'.
There are hereby exempt from such tax any vehicles which
are stored on private proderty 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 dav of
February of each year and will not I)e considered in default if
paid on or before tlie first day of March of tlie year in which it
cluc@.
10/Z2'/
3 2 -
Nothincj in th3s ordinance sliall be ar)plicalbe to any
vehiclo b-aiiig held or storc d by or at the di-rection of any goverii-
niental authority, to aiiy vc-hicle owncd by a it,,embcr of tlie armcd
forces on active di-ity c)r to jiny vehicle- regularly stored within
an enclosed structure.
DEFERRED BY CITY COUNCIL ON OCTOBER 22, 1979
Adopted by the Council of the City of VirginizL
Beach on
JDB:er
10-17-79
1 02 2/ 7 9
3 3 -
(ITEM II-1.2.a) ITEM #14348
On motion b@ll Councilman Ervin, seconded by Councilman Holland, City Council voted
to APPROVE ON SECOt4D READING the following Ordinance to accept a grant totaling
$14,420.00 from the Virginia State Department of Health for Solid and Hazardous
Waste Management:
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, Vice tlayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Na@,:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 02 2 7 9
3 4-
AN ORDINANCE TO ACCEPT A GRANT
TOTALING $14,420 FROM THE VIRGINIA
STATE DEPARTMENT OF HEALTH FOR SOLID
AND RAZARDOUS WASTE MANAGEMENT
WHERF-AS, the city wishes to continue effective solid waste
management for its citizens, and
WHEREAS, the Virginia State Department of Health has awarded
a grant totaling $14,420 to the city for Solid and Hazardous
Waste Management, and
WHEREAS, this grant will enable the city to purchase three
centrifugal pumps at $4,000 each to pump out perimeter ditches
in order to maintain leachate on site at the Landfill and to
engage the services of an environmental consultant at $2,420 to
ensure compliance with solid waste regulations as required by
various State agencies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the
Solid and Hazardous Waste Management Grant for the city and
funds of $14,420 are hereby appropriated to the Department of
Public Works Division of Solid Waste for the activities mentioned
herein.
BE IT FURTHER ORDAINED THAT Estimated Revenues from the
Commonwealth of Virginia be increased by the like amount of
the grant.
Adopted by the City Council of the City of Virginia Beach,
Virginia on 22nd day of October 19, 79
First Reading: October 15, 1979
Secorxd Reading: October 22, 1979
GGD:JDB:er
10-1 0-79
I 0 / 2 27 9
3 5 -
(ITEM II-I.a.1) ITEM #14349 FIRST READING
The City Manager indicated that each year the State Department of Taxation reviews
the Public Service Corporations, primarily Utilities, to determine what the true
fair-market value is.
The City's local assessment ratio of 100% has been determined to be actually 93.1%
of fair-market value, and it is necessary to reduce the tax rate for unequalized
Public Service Corporation properties. This rate is now $1.86 in all Boroughs
except the Virginia Beach Borough which is $1.83. In order to equalize total
tax payment, it is necessary to reduce the rate as per the following Ordinance.
This rate will be $1.72 at 40% of fair-market value in the majority of the
Boroughs. This DOES NOT affect personal property or real property of any
residents in the City, ONLY Public Service Corporations.
On motion by Councilman Merrick, seconded by Councilman Baum, City Council voted
to APPROVE the following Ordinance to amend the Ordinance adopted May 7, 1979,
establishing the Tax Levy on Real Estate for the Tax Fiscal Year 1980, relating
to the amount of levy on unequalized Public Service Real Estate as provided for
in Section 58-512.1 of the Code of Virginia (1950), as amended.
THIS ORDINANCE WAS APPROVED ON FIRST READING.
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,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
1 0 /2 2/7 9
3 6-
AN Ol',I)!NIAT,@CF 'FO AT,,Il,"In TITE 0,Tzr)[1,@ANCJ-',
ADOI'TED ON ,.TAY 7, 1979, 'FAX
LEN@Y O@'T FAX Fi@',C,'%T, VI-'AP
1980 ()I'@ J,@Ivy ON
UNFr',i;Af,IZEI) PUI-I',IC Si@ill"Ic,!' 111-AL E"I,,,,TE AS
PRO'@lli)l,']) i@oI@ !,',- SECTION @,8-512.1 O'@ TI!E CODE
OF (1956), AS AN"F,,I,,IDED.
BE I'P ORDAIN'ED B'l T@rlE COU,@CIL OF ']-I'F CITY OF VP,,GllqlA
Thpt tl,.ere shall b,- le,iied aiid col'ected fo, gcz,,@,ral purpse,@ for fisc-I ve@ir 19,-,,O
on all Public Service Rc-al Property, which has tiot been cqu.,ilized as pi,ovidcd for i.-i
53--12.1, of th(-. Code of V;i-Li;)ia (1950), t@s ("n C,)Cll one blin(@re(I
($1 PO) of P@,.sessed valu.,iLioit ther@,f b@l"30d 0,1 tl,,@@ r@it,7s @,l accor(l-,Ir,,c @lit@t il,ii
58-il4.2 of the Cocie o@' Virgiiiia (1950), @s aincnded.:
Gcri(@ral S',,- -ol,ou-1-1 Tc,t@)l Tlt,.tc,,
T3oroii,h Goverlimelit (,!)O,)l I-)Cl)t @ly 1980
R,iv@@d.e 1.70 1 .7 "I
1.70 . 0 1.72
1.70 p2 1.72
Lyniiliaveii 1.70 . 0 2 1.7?
Princess An.,ie 1.70 . 0 2 1.72
Pliligo 1.70 .0 21 1.72
Vir.,inia B,-,tieli 1.70 - 1.70
'rhe r,-,al property tax rates imposed in tliis sc@tion shall be applied oii tl,.e ()f
forty perceiittirr, of fair inepket value of such real property.
This ordinance sl)all be effective from and aftct- its (iato of adoptioll.
First reading October 22- lqzg
Second readiiig
1 0 2 2 /7 9
- 3 7 -
(ITEM II-I.a.2) ITEM #14350
Colonel Craig Tyrrell and Mr. Mike Reid appeared in favor of the following Ordinance.
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE ON FIRST READING the following Ordinance to increase appropriations
in the Comprehensive Substance Abuse Program Budget.
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,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Mayor Patrick L. Standing
I 02 2 7 9
3 8 -
[0:@s ]@i@ 'lill,
14BI-.Rl-@IAS, tlie \7irginia rcacii City CouLicil approx,c@cl an ippr,),nriation
of $463,061, estimated revc@nlie froni other ageiicies and fec,s of $245,551., and
a local matcli of $21.7,510 in tti(@ Fiscal Year 1979-80 S@ib,,.taiicc- Abusc,. 'rc)g):,Im
liudget, and
IIP@REAS, the De partment of @iental Henitli and @!ental Retardatioli l@as
i(Iciitified a need to relocate the Substance Abu.-e Outreacli Center and Alcoliol
Treatflient Programs to a more suitable location, and
WIIEREAS the increased rental cost, telephone installation@, i-ll-
provements, and other associated costs of tlie rclocation @.lill aipount to
NOW, TliEREFORE, BE IT ORDAINED BY Tllll COU',CIL OF TI:E CITY O@,' VIT'L-IIITA
BEACH, VIRGINIA:
Tliat $19,644 be appropriated to tlic Siibqtance PrograTn L
for the relocation, and
BE IT FURTHER OI.T)AINED that tlie appropriAtions @7ill be fin,@IICC'O. I)V
a transfer of $19,644 from the General Fund Reserve for Contingencies
FIRST READING: October 22, 1979
SECONID RFADII\'G:
Adopted by the Council of the City of Virginia Beach, Virginia oli
the. day of 1979.
C(/ 2
- 3 9 -
(ITEM 11-I.b.1) ITEM #14351 BIDS
The following bids have been received for the 19th Street Project (Parks Avenue
to Baltic Avenue):
Warren Brothers Company $462,717.94
Contractors Paving Company $480,717.95
Asphalt Roads and Materials
Company, Inc. $490,535.93
Engineer's Estimate $454,723.35
On motion bycouncilman Payne, seconded by Vice Mayor McCoy, City Council voted to
APPROVE the low bid of Warren Brothers Company, in the amount of $462,717.94 for
the 19th Street Project (Parks Avenue and Baltic Avenue);AND further authorized
the City Manager to enter into the necessary agreements for the implementation
of this project. FUNDS ARE AVAILABLE.
Voting: 9-0
Council tlembers Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell , and Mayor Patrick L. Standing
1 0 2 2/ 7 9
40 -
(ITEM II-K.1) ITEM #14352 NEW BUSINESS
Vice flayor McCoy requested the City Manager investigate complaints from
residents in the Kempsville Borough regarding a neighbor in that area building
a tennis court in the backyard@and placing lights around it.
The City Manager indicated he has requested the Department of Permits and
Inspections and the Planning Department to study this matter for a possible
amendment to the Comprehensive Zoning Ordinance, whereby residential areas
will have to abide by similar rules as commercial areas with regards to
outdoor lighting being directed away from neighbors homes.
(ITEM II-K.2) ITEM #14353
Councilwoman Oberndorf indicated that she has received complaints that non-residents
of Virginia Beach are being permitted to utilize the Virginia Beach Recreational
facility.
The City Manager indicated he has investigated this, through Mr. Harold S.
Whitehurst, Director of Parks and Recreation, and found there is no policy
where a visitor has to be a resident of Virginia Beach in order to utilize
the Recreational Center. A member of the Center is allowed to invite a guest;
however, it is not to be on a recurring situation.
(ITEM II-L) ITEM #14354
On motion by Councilman Ervin, seconded by Councilman Holland, and by ACCLAMATION,
City Council adjourned at 8:00 p.m.
Deputy
Acting City Clerk Vice,May'or,J. Oenry @lccoy, Jr.
Ruth l@odlts Snith, City Clerk
,-ity of Virginia @,each,
Virginia
October 22, 1979
h