HomeMy WebLinkAboutOCTOBER 1, 1979
CITY OF VIRGINII BEICI
MUNICIPAL CENTER
Z...gslt VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L.. STANDING, Al L.,g@ CLARENCE A. HOLLAND, M.D., B.y.id@ B.,..gh
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.#-ill@ B@,..gb DONALD W. MERRICK, Ly..b.,@. B.,..gb
JOHN A. BAUQ, Bl.ck..,@, B.,..gb MEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, A, L.,g. J. CURTIS PAYNE, A.@@ B .... gb
GEORGE R. PERRELL, Al L.," ROGER L. RIGGS, Vi,i.i. B ... b B.,..gb
BARBARA M. HENLEY, P.@g@ B@ ... gh RUTH HODGES SMITH, Ci@y Cl@,k
CITY COUNCIL AGEVDA
I= I INFO@ SESSION: MONDAY, 1 OCTOBER 1979 - 1:00 p.m.
A. CALL TO OPDFR - MPYOR PATRICK L. STANDINC,
B. ROLL CALL OF OOUNCIL
C. @ION TO P=@SS TO PTEIOPMAL/=,@IVF SFSSION
D. PRFSM?--ATIODI/T)ISC73SSION OF PERTINENT M@@PS
1. Recjional Hc)using Mobility Procjrain: DiScussion
of Proposal Developed by SVPD(-'.
2. Public Hearing Notice: S ttee Studying
Utilities Comection Fees, Charges, and Policies.
3. 1980 Census: Status Report.
FOPMAL SFSSICN: ?IONDAY, 1 @BFR 1979 - 2:00 p.m.
A. INVOCATICN - Peverend Charles H. Jones
Kempsville Baptist Church
B. PI= OF AIZ.T@',GIANCF,
C. ROLL CALL OF COUNCIL
D. MI=S OF IEGCJLAP PF MOUS I.=, LDTC,
1. Mntion to accept/approve the @utes of 17 Sept@r 1979
E. PrSOLTJTIOtIS
1. Letter fran the City @4anager rec ing approval of
the Pesolution recuesting the Curritur-k County @d
of Supervisors to petition the @eral Asseirbly of North
Carolina to change the State Code to allcw for'acceptance
of Virginia certification for all levels of en)ergency
@ical services perfon,.ed by the Knotts Island Rescue
squad.
F. PUBL-IC TT@GS - NONE
G. CONS= AMTDA
All matters listed under the (7onsent Agenda are considereo
to be routine by the City Council and will be enacted by
one motion in the form listed. There will he no separate
dis@sion of these itenis. If dis@ission is desired, that
item ivi-11 be rermved froin the Consent Agerd-- aric ctrEiCc-rEC
separ-atE]Y.
1. Letter. ficu, tl,,Et Cit@, Manager recciltl'--Itetirg arsrc,,,al cf
of @.e Cidinance tc amrc7 and rec-iifair.- Chapter 5, Sec-
tions 5-42 and 5-45 of the Code of the City of virginia
@ch relating to animls and fowl.
2. Tetter frcm the City Manager re ding approval of
@ ordinance declaring certain property excess and author-
izing the City t@ger to dispose of sane.
3. Letter from the City JAanaqer rec@nding approval of the
foll@g State-Local ,Tospitalization contracts:
1978-1979 1979-1980
Norfolk General Division $163.85 $190.11
Leigh Memrial ilospital 163.85 190.11
and, authorize the City @lanager to execute thern on behalf
of the City of Virginia Tleach.
4. Letter from the City Manager reconuiending approval of
a raffle permit for @Tirginia Beach Junior High School.
Band.
5. Loetter from the City @@ger rec@-nding appraval of
the recfuest o@@ @. John Atkinson, City Treasurer, for
tax refunds in the amunt of $1,729.99.
H. PLAI\INING ITEYS
1. Ietter frorn the City @l@ger transmitting the re@da-
tion of tl,,e Planning Ccmission for approval of the appli-
cation of Horace C,. Fralin anO Elbert H. Waldron for a
@ification to the. adopted land use plan for the PD-TI
zoning district classification of Creen Run from apart-
ment use to office use. This undeveloped 2.414-acre site
is located at the northeast intersection of L@-aven Park@
way and Independence Bottlevard (Kenpsville Borougl,.). On
August 27, 1979, this matter i,7as deferred for thirty (30)
days.
2. Letter frorn the City Manager transmitting tle reccnm-ncla-
tion of @-e Pl.anning C,@ssion for approval of the appli-
cation of Richard S. Poster for a change of zoning frcml
5-1 Business-Residential District to A--' Apar@t District
on a .542-acre parcel located at the southwest intersection
of Pleasure House Poad and Tookout Road (.T3ayside T3orough).
This n-atter was deferrec', for thirty (30) days on August 27,
1979.
3. Letter frcm the City Ifi@ger tr tting the re@nda-
tion of the Planning C@ssion for denial of the applica-
tion of WickesCorporation for a change of zoning from B-3
Central-Business District to I-1 Licjb-t Industrial District
on a 5.79-acre parcel locateci on the south side of Colmbus
Street, west of Kellam Road (Bayside 13orough). This matter
was deferred for thirty ('-O) days on August 27, 1979.
4. Letter from the City @@ger tr@itting the recmmnda-
tion of the Planning C@ssion for approval of the appli-
cation of Par-ker Industries for a conditional use pe@t
for a car wash on a 1.15-acre parcel located on the north
side of Virginia Beach Boulevard, east of I,ittle Neck Road
(l,ynrihaven Borough). This niatter was deferred for thirty
(301 days on August 1-7, 1979.
Ale-ough the Planninq ssion r nded aTDproval of
this aidplication, an investigation into the uses of the-
sll-opping center and required parking for such uses indi-
cates that there woul@ -be a requiremnt for 88 pariing
spaces without the car wash. At the present, there are
only 48 parking spaces available in the shopping center.
The car wash would require an ad@tiorial three parking
spaces for each car -.-ash space in the facility. The
applicant is planning a four-bay car wash which would
require 12 ad(5itional spaces, or a total of 100 spaces
where there are now only 48.
Cbviously, the applicant @,iill not be able to @t tbe
required parking. 7herefore, the --ity @@ger recomtends
that this application be denie(i..
5. @tter frcm the City Yamger transmitting the r tion
of the Planning Ccmission for apprcyval of the application
of Virginia Beach Fishing Pier, Inc., for a conditional
use permit for recreational and @ement facilities of an
outdoor nature (rerxyvation of fishing pier and related
facilities). on a 3.19-acre parcel located on the east side
of Atlantic Avenue, north of 14th Street (Virginia Beach
Borough). This rmtter was deferred for thirty (10) days
on August 20, 1979.
Although the Planning C@ssion has r ed approval
of th-is application, the City Manager feels that Council
should not grant an encroa t any further west on beach-
front property than what now exists. Expansion to the west
would reduce the amunt of available publicly-cwned beach
for recreational purposes. If Council wishes to allow the
expansion of this pier, hp- r ds that it be to the
east of the existing structure.
6. @tter from the City @@ger transmitting the reconmndation
of the Planning ssion for approval of the application
of OC-0, Inco@rated, T/A Dunes motor Inn, for a conditiona-
't to operate a bicycle rental on a 1.46-acre parcel
use pe@-
located at the northeast anl southeast intersecti-or of At-
lantic Avenue and 10th Street (Virginia Beach Borough).
This nutter was deferred for thirty (30) clays on August 20,
1979.
7. Letter f= the City Manager transmitting the r ndation
of the Planning C@ssion for a,,cproval of the application
of Donald E.'Vlashb= for the discontinuance, closure and
abandonmnt of a portion of C Street (Lynnhaven -T3orough).
The Viewers agree with @ r dation of the Planning
ssion with the addition oC the follcwing:
A vacation of the existing lot lines of the property to
the north by plat recordation in order to insure that all
lots will have access to a pu-blic street. Although the
property is currently developed as a condcnuniun project,
the initial lot lines should be vacated.
8. Letter frcrn the City l@ger rec@ding approval of the
Ordinance to and reordain Article 2, Section 203 of
the (zmrehensive Zoning Ordinance pertaining to off-street
parking requir@ts.
I. ORD@(7@S
1. General
a. Letter frcm the City manager r ding approval
of the Ordinarce to authorize a t@rary encroach-
mnt into a portion of the right-of-way of P@land
Avenue.
b. Letter frcrn the City Mamger reconvending approval
of the Ordinance granting t@rary encroa ts
into a Dortion of the right-of-way of Aragona
Boulevard, -%7irqinia T.3each Boulevard an(9 liorace
Avenue to Cl@01 @lty Corporation.
2. Second .Readings
a. City Council is requested to approve on second
reading the Ordinance to increa.-:e appropriations
and transfer existing appropriations in the Yental
RetardatiorV'Developimntal Disabilities (MP/OD)
Proqram budget in the ar.,ount of $25,993.
b. City Council is requested to approve on second
reading the Ordinance to increase appropriations
in the ('@rchensive Ilental Health Procjram budget
in the armunt of $9,1-07.
c. City Council is requested to approve on second
read-ing the Ordinance to appropriate funds in the
amunt of $13,200 for an additional Pr-obation
Counselor for the Juvenile Prcbation Division.
d. City Council is requested to approve on second
reading the Ordinance to appropriate funds in the
a.munt of $3,050 for a part-tin-e printer trainee
in the Print Shop.
3. Appropriations
a. First Readings
1. Letter from the City Y@ger re@nding
approval, on first reading, of the ordinance
to appropriate $193,000 for subdivision @
prov@ts to the Level Green Developn-ent.
b. Bids - None
c. Grants - None
4. City Code ATnendments
a. Letter from the City M@ger r ding approval
of the Ordinance to a-@d and reordain C2iapter 35,
Article II of the Code of the City of Virginia
Beach relating to free standing mbile horms by
repealing Section 35-4 and @ding Section 35-5
relating to enforcenent.
J. OID BUSINESS
1. Appointmnts to Boards/Ccmlissions
K. NT-W BU.SINESS
L. ADJOLTM=
1. Dotion to adjo=
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
October 1, 1979
The regular meeting of the Council of the City of Virginia Beach, Virginia, was
called to order by Mayor Patrick L. 'Otanding in the Conference Room, in the
Administration Building, on Monday, October 1, 1979, at ]:00 p.m.
Council Members Present:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald t4.
tlerrick, and Meyera E. Oberndorf
ITErl #14239
Mayor Standing entertained a motion to permit Council to conduct an INFORT!AL
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
publicl,y held property).
3. Consultation with legal counsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential litigation,
or other legal matters within the jurisdiction of the public body.
On motion by Councilman Ferrell, seconded by Mayor Standing, City Council voted to
proceed into the EXECUTIVE SESSION following the INFORMAL SESSIOL.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, 3arbara M. Henley,
Vice Mayor J. Henry tlccoy, Jr., J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
@lone
-2-
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald t4. Merrick,
and Meyera E. Oberndorf
ITEM #14240
Mayor Standing indicated that several items transpire before Council in the
INFORMALSESSIONS and, as Council has been disturbed over the amount of time
spent in the EXECUTIVE SESSION, he suggested Council give serious thought to
the first meeting of each month being an "INFORMAL BRIEFING SESSION". The
entire meeting would be held in the Council Conference Room.
The City Manager indicated it would be beneficial as there have been many
items he has purposely kept short in order to work them into the INFORMAL
SESSION.
ITEM #14241
Mayor Standing indicated the Mayors of the participating Cities and Counties
in the Tidewater Virginia Development Council have been working to redirect
that Organization and to change how it is involved with the local jurisdictions.
As Council is aware, TVDC is an Organization whose primary ftinction was to
be an "industry seeking" Organization that was enacted over twenty (20) years
ago. All of the jurisdictions who participate contribute to a greater or
lesser degree depending on the City or County's population, and also the land
area. (DISCUSSION).
ITEM #14242
The City Manager indicated that Saint Luke's United Methodist Church has made
requested, due to financial hardships if their application had to be delayed
until the December City Council meeting, their application be expedited to the
meeting after the Planning Commission hearing in November.
ITEM #14243
Mayor Standing indicated he received a letter from Mr. Frank Friend, Mental Health
Mental Retardation Services Board, and the last paragraph of the letter requested
Council to endorse their program.
The Mayor indicated he wrote a letter to Mr. Friend; however, he would like
Council's approval before sending the letter to Mr. Friend endorsing their
program.
ITEM #14234
The City Manager indicated, as a reminder, at 11:30 a.m., October 8, 1979, the
shuttle busses for the Arts and Conference Center will be in front of the
Administration Building for Council's inspection.
ITEM #14235
The City Manager indicated he wished to discuss with Council a proposal
developed by the Southeastern Virginia Planning District Commission
entitled "Regional Housing Mobility Program." The Department of Housi .ng
and Urban Development, because of decreasing funds in Title A Housing,
initiated this Program to make the maximum utilization of the funds they
received.
10/01/79
-3-
This Program is an attempt to aid area localities which have a housing problem
by offering an expansion of housing. Virginia Beach has had a Title A Housi@ng
Program for some time.
Virginia Beach would reserve approximately twenty (20) percent of its housing
allocations through Title A funds for low and moderate income in areas other
than Virginia Beach.
Mr. Andrew Lester, City Planner, appeared before Council at the INFORMAL SESSION
to discuss this matter.
ITEM #14236
The City Manager indicated on October 4, 1979, at Kempsville High School, Senator
Babalas will hold his Public Hearing regarding mandatory hook up fees. The City
Manager indicated he will attend the meeting and will make a presentation.
All t,',embers of Council are invited to attend this meeting; also, the City Attorney's
Office will be represented at the meeting.
ITEM #14237
The City Manager indicated that as Council is aware the 1980 Census will
begin on April 1, 1980. The City has prepared a file to aid the Census Bureau.
This year will be the first year the C:ensus will be enumerated one hundred (100)
per cent by mail.
The Ci tv Mana ger i ndi cated he wi shed to p@t@a ['l is h a Commi ttpe , al nno wi th a
,@general overall advertising campaign" to allow the Citizens of Virginia Beach to
recognize how important this Census is. ]he Committee would include members
of City Council, members of "he Press, Chamber of Commerce, representatives
from the Military, and Council of Civic Organizations. The Committee will
consist of approximately ten (10) members.
10/01/79
-4-
FORMAL SESSION
ITEM #14238
Monday, October 1, 1979
2:05 p.m.
Council Members Present:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice
Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick, and
Meyera E. Oberndorf
INVOCATION was given by the Reverend Charles H. Jones, Kempsville Baptist
Church.
PLEDGE OF ALLEGIANCE
(ITEM II-D.]) ITEM #14239 MINUTES
On motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted
to APPROVE the Minutes of the Regular Ileeting of September 17, 1979, with the
following correction :
ITEM #14230 - First reading of the Ordinance to increase
appropriations and transfer existing appropriations in the
Mental Retardation/Developriental Disabilities (MR/DD) Program
budget in the amount of $25,993.
The FIRST whereas, third line "from fees $4,649" NOT $2,649.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice
Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. IIerrick,
and Meyera E. Oberndorf
10/01/79
(ITEM II-I.1) ITEM #14240 RESOLUTION
On motion by Councilwoman Henley, seconded by Vice Mayor McCoy, City Council
voted to APPROVE the following Resolution, with the stipulation that stronger
language be added to the Resolution, requesting the Currituck County Board of
Supervisors petition the General Assembly of t4orth Carolina t(Y change the
State statute governing emergency medical services to allow for acceptance of
Virginia certification for all levels of emergency medical services performed
in Knotts Island, North Carolina:
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick
and Meyera E. Oberndorf
10/01/79
-6-
R E S 0 L U T I 0 N
WHEREAS, the Knotts Island Rescue Squad is physically located
in North Carolina but serves all residents of the island, both in Virginia
and North Carolina; and
WHEREAS, all members of the Squad have been trained and certified
in Virginia, and respond to the General Hospital of Virginia Beach, because
it is the closest hospital to the island and travel time to the nearest
North Carolina hospital in Elizabeth City is twice as long; and
WHEREAS, the State of North Carolina has ruled that members of
the Knotts Island Rescue Squad must be certified by the Board of Medical
Examiners in North Carolina in order to continue providing service in North
Carolina; and
WHEREAS, the Board will not grant exemptions for the basic life-
support services provided by Emergency Medical Technicians and the North
Carolina State Code does not provide for exemptions for services performed
by Cardiac Emergency Medical Technicians.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of
Virginia Beach, that the Currituck County Board of Supervisors is hereby
requested to petition the General Assembly of North Carolina to change the
State statute governing emergency medical services to allow for acceptance
of Virginia certification for all levels of emergency medical services
performed in Knotts Island, North Carolina.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
First day of October 1979
10/01/79
-7-
(ITEM II-G.1) ITEM #14241 CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGERIDA ARE CONSIDERED TO BE ROUTINE BY THE
CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION It@ THE FORM LISTED.
On motion by Councilman Payne, seconded by Vice tlayor McCoy, City Council voted
to APPROVE the following Ordinance to amend and reordain Chapter 5, Sections
5-42 and 5-45 of the Code of the City of Virginia Beach relating to Animals and
Fowl.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice
Mayor J. lienry McCoy, Jr., J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Na,,:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Meyera E. Oberndorf
10/01/79
-8-
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 5, SECTIONS 5-42 AND 5-45
OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO ANIMALS AND FOWL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
THAT Sections 5-42 and 5-45 of the Code of the City of Virginia
Beach be amended and reordained as follows:
Sec. 5-42. Cruelty to animals.
Any person who does any of the following shall be guilty of a Class I
misdemeanor.
Sec. 5-45. Penalty for violation of chapter.
Unless otherwise provided herein, violation of this chapter shall
constitute a Class IV misdemeanor.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ON October 1, 1979
JDB:er
9-26-79
10/01/79
(ITEM II-G.2) ITE@L #14242
On motion by Councilman Payne, seconded by Vice Mayor McCoy, City Council voted
to APPROVE the following Ordinance declaring certain property excess and authorizing
the City Manager to dispose of same.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara tl. lienley, Vice Mayor
J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting t4ay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Meyera E. Oberndorf
10/01/79
-10-
Requested by City Manager
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING
THE CITY MANAGER TO DISPOSE
OF SAME.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Whereas, upon the closure of a certain protion of Providence Road,
the City of Virginia Beach may have acquired the following described property;
and
Whereas, the City Council is of the opinion that the following described
property is in excess of the needs of the City of Virginia Beach.
Now, Therefore, Be It Ordained By The Council Of The City Of Virginia
Beach, Virginia:
1. That the following described property is hereby declared to be in
excess of the needs of the City of Virginia Beach and that the City Manager is
authorized to convey said property in the manner he deems in the best interests
of the City of Virginia Beach reserving therein any and all easements pertaining
thereto.
All those certain lots, pieces or parcels of
land located in the Kempsville Borough of the
City of Virginia Beach, Virginia and being
more particularly known, numbered and designated
as Parcel 5, containing 0.253 acre, more or less,
as shown on that certain plat entitled "PLAT
SHOWING STREET CLOSURE ON PROVIDENCE ROAD AND
PROPERTY DEDICATION ON INDIAN RIVER ROAD,
SCALE 1" - 50', DATED: FEBRUARY 22, 1974,
ENGINEERING DIVISION, DEPARTMENT OF COMMUNITY
SERVICES, CITY OF VIRGINIA BEACH, VIRGINIA"
and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 104, at Page 37.
IT BEING, in part, a portion of the land which
by Ordinance of the Council of the City of
Virginia Beach, Virginia, dated May 20, 1974
was vacated, closed and discontinued as a
public road, and in part, a portion of the land
conveyed to the City of Virginia Beach, Virginia
from Virginia E. Gulbranson, et al, by deed
dated February 6, 1968 duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia
Beach, Virginia in Deed Book 1043 at page 217.
10/01/79
First party reserves unto itself, its
successors or assigns a permanent, nonexclusive
easement for underground facilities on that
certain parcel of land designated as "Thirty
Five Foot (35') Permanent Utilities Easement"
on the above mentioned plat, reference to which
is hereby made for a more particular description
hereof. Second party shall be permitted to
use said easement area for such uses as do not
interfere with use by first party including,
but not limited to paving, fencing, landscaping
and parking thereon.
2. This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the 1st
day of October 1979
MES/ih
9/14/79
@IVID A
APPROV,--D AS
CITY ATTORNEY
10/01/79
-12-
(ITEM II-G.3) ITEM #14243
On motion by Councilman Payne, seconded by Vice Mayor tIcCoy, City Council voted
to APPROVE the following State-Local Hospitalization Contracts:
1978-1979 1979-1980
iiorfolk General Division T163.-85 190-11
Leigh Memorial Ilospital $163.85 $190.11
and, authorized the City tianager to execute the contracts on behalf of the City
of Virginia Beach.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice Mayor
J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick, and
Meyera E. Oberndorf
(ITEM II-G.4) ITEM #14244
On motion by Councilman Payne, seconded by Vice Mayor McCoy, City Council voted
to APPROVE a Raffle Permi,t for the Virginia Beach Junior High School Band
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice Mayor
J. Henry ticcoy, Jr., J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Meyera E. Oberndorf
10/01/79
-1 3-
(ITEM II-G.5) ITEM #14245
On motion by Councilman Payne, seconded b@ Vice Mayor tIcCoy, City Council voted
to APPROVE the following tax refunds in the amount of $1,729,99:
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice Mayor
J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick, and
Meyera E. Oberndorf
10/0 1/79
),ice
UI'Oil' APPLICATIO"@ OF Cl@a'i-Aill,
AND UPOZI CERTIFICATIO14 Or- TIIE TREA','IIJPER
BF- ]'f 01@DA114ED BY TIIE COUI@CIL OF T]iE CITY OF VII@GINIA Vir@Gl"IA
Tli@it tlie folloi.@in,, appl.ications for tlx reftinds upon certi,ficition of
tlic, Tre,.iszirer are bereby approved:
$1, 729. 99
T o
ICKET EXOIIER. DATE.
U,,IBER TION l@( PAID-)ENALtY T
inville, W, 29-2 6/5/79 6
itmore, 17@ 59-5 6/1/78 a
ollman Corp. 74 RE(1/2) 47171-5 9/5/74 2.52
ake Geor@.,e Corp. 75 RE(1/2) 33785-2 6/10/75 112.50
orthern, Ruth 75 RE(1/2) 42861-0 12/1/75 14.6'-)
ir Gal-@,).i-,d Company 78@ RE(1/2) 58938-2 12/1/77 28.71
ugustine, Const.Co. 74 RE(1/2) 1808-3 6/10/74; 16.80
mith, Nl,,i@-y Odelia 7@ RE(1/2) 59855-9 11/16/77 42.81
arden, F., Ji 79 RE(2/2) 16797-9 6/5/79 34.43
@hill, T.J. Trust 79 RE(2/2) 8845-8
roy 6/5/79 526.4")
dwards, John R. 79 RE('L/2) 20353-7 12/5/78 29.42
dwards, Jolin R. 79 RE(2/2) 20353-7 5/31/79 29.42
ommcr, Cliarles 79 CD 69219 8/29/79 7.50
ickens, All)ert C. 79 CD 65711 3/30/79 15.00
elco Corporatic)n 79 CD 4676 7/31/79 7.50
reelee, Tlilly S. 79 CD 99362 8/16/79 15.00
ees, St@-nl--y E. 79 CD 4791 8/3/79 7.50
rx, Lawrence E. 79 Parking 40917 8/25/79 3.00
aylor, Benjamin C. 78 pp 90941 7/25/78 66.04
en,7ill, John, Jr. 79 pp 55321 7/9/79 69.40
ing, Kevin J. 79 pp 107685 6/5/79 145.lli
rine, Judy 79 pp 73867 6/5/79 40.00
ldez, P. & D. 79 pp 108880 8/9/79 23.50
avenport, Carol A. 79 pp 22908 6/5/79 64.14
leet, James W. 79 pp 31371 5/5/79 126.21,
e above abatement(s) totaling as to pf@-Pnt;
were approved by
he Cc)uricil of the City of Virginia
each on the day of
Approvcd
City Clerk
b A t t o r,-
10/0 1 79
-15-
(ITEM II-H.1) ITEM #14246 PLANNING ITEMS
Mr. James Pickrell, Attorney, represented the applicant
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted
to uphold the recommendations of the Planning Commission and City Manager and
APPROVE the following Ordinance upon application of Horace G. Fralin and Elbert
H. Waldron for a modification to the adopted Land Use Plan for the PD-H Planned
District Classification of Green Run from Apartment use to Office use.
ORDINANCE UPON APPLICATION OF HORACE G. Z01079443
FRALIN AND ELBERT H. WALDRON FOR A
MODIFICATION TO THE ADOPTED LAND USE
PLAN FOR THE PD-H PLANNED ZONING
DISTRICT CLASSIFICATION OF GREEN RUN
FROt,l APARTME@ITS USE TO OFFICE USE
BE IT ORDAI.NED BY Tf]E COUNCIL OF THE CITY OF VIRGItlIA BEACH, VIRGINIA
THAT:
Ordinance upon application of Horace G. Fralin and Elbert H. Waldron for a Modification
to the adopted Land Use Plan for the PD-H Zoning District Classification of Green Run
located at the Northeast intersection of Lynnhaven Parkway and Independence Boulevard.
Plats with more detailed information are available in the Department of Planning.
Approval is subject to the following:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A 25-foot scenic easement along Independence Boulevard.
4. A landscaped buffer along the northern and southern
property lines.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
1st day of October 1979
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice Mayor
J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin,-Ilarence A. flolland, Donald @l. Merrick, and
t4eyera E. Oberndorf
10/01/79
-16-
(ITEM II-H.2) ITEM #14247
tlr. Richard Foster appeared regarding his application
Mr. Robert Smith appeared in opposition
On motion by Councilman Baum, seconded by Vice Mayor McCoy, City Council voted to
uphold the recommendations of the Planning Commission and the City Manager and
APPROVE the following Ordinance upon application of Richard S. Foster for a Change
of Zoning District Classification from B-1 Business-Residential District to A-2
Apartment District:
ORDINANCE UPON APPLICATIOR@ OF RICHARD S. Z01079444
FOSTER FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-1 BUSINESS-RESIDENTIAL
DISTRICT TO A-2 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Richard S. Foster for a Change of Zoning District
Classification from B-1 Business-Residential District to A-2 Apartment District
on certain property located at the Southwest intersection of Pleasure House
Road and Lookout Road, running a distance of 144.48 feet along the West side of
Pleasure House Road, running a distance of 150 feet along the Southern property
line, running a distance of 172.24 feet along the @iestern property line and running
a distance of 152.64 feet along the South side o" Lookout Road. Said parcel
contains .54@, acre. 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. Right-of-way improvements will he necessary along both
Pleasure House Road and Lookout Road; this includes
pavement widening, curb and gutter, sidewalk, and
drainage facilities.
4. Drainage from this site cannot be directed into Pleasure
House Lake.
5. A 50-foot right-of-way dedication for Lookout Road
through this property as determined in conjunction
with the City Real Estate Division.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
1st day of October 1979
Voting: 6-1
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Vice Mayor J. Henry -
McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
10/01/79
-17-
Council Members Voting 4ay:
Barbara M. Henley
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W.
Merrick, and Meyera E. Oberndorf
(ITEM II-H.3) ITEM #14248
Mr. H. Calvin Spain, Attorney, represented the applicant
Mr. Leigh Ansell, Attorney, represented t,',r. Taylor Carr in opposition
On motion bv Vice Mayor McCoy, seconded by Mayor Standinq, City Council voted
to APPROVE the fol lowing Ord i nance upon a ppl i cation of Jic kescorpora tion for
a Change of Zoning District Classification from B-3 Central-Business District
to I-1 Light Industrial District; subject to the the followigg stipulations:
1. Standard improvements as required by the Site Plan
Ordinance.
2. Citk, water and sewer.
3. If the outside storage of lumber or building supplies
is to be associated with the use of this property,
a Conditional Use Permit for a storage yard must also
be approved.
4. The 200-foot strip beginning at the eastern boundary
line perpendicular off Columbus Street to the
railroad tracks to remain B-3 Central-Business District.
5. Applicant voluntarily agrees if they do not proceed
with plans the property will revert back to B-3
Central-Business District,
ORDIrIANCE UPON APPLICATION OFWICK@c'@CODPOPATIOIl Z01079445
FOR A CHANGE OF ZOtlING DISTRICT CLASSIFICATIO'll
FROM B-3 CENTRAL-BUSINESS DISTRICT TO 1-1 LIGHT
INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGIT@IA BEACH, VIRGINIA,
THAT:
Ordinance upon application of WickesCorporation for a Change of Zonin DisTtriicrt
Classification from B-3 Central-Business District to 1-1 Light Industrial District
on ceriain-property located on the South side of Columbus Street beginning at a
point 285 feet more or less t4est of Kellam Road, running a distance of 761.67 feet
along the South side of Columbus Street, running a distance of 435.16 feet along
the Western property line, running a distance of 760.05 feet along the Southern
property line and running a distance of 204.92 feet along the Eastern property
line. Said parcel contains 5.79 acres more or less. 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. If the outside storage of lumber or building supplies
is to be associated with the use of this property, a 10/01/79
-IB-
Conditional Use Permit for a storage yard must also be
obtained.
4. The 200-foot strip beginning at the eastern boundary
line perpendicular off Columbus Street to the
railroad tracks to remain B-3 Central-Business District.
5. Applitant voluntarily agrees if they do not proceed with
plans the property will revert back to B-3 Central-
Business District
Thit Ordinance shall become effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
1st day of October 1979.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M,. Henley, Vice
Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council @lembers Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. liolland, Donald W.
Merrick, and Meyera E. Oberndorf
10/01/79
-20-
(ITEM II-H.5) ITEtl #14250
Mr. Grover C. Wright, Jr., Attorney, represented the applicant
Mr. Tom Langley, representing the Virginia Beach Erosion Commission, appeared
in opposition.
On motion by Councilman Riggs, seconded by Councilman Baum, City Council voted to
DEFER for THIRTY (30) DAYS the following Ordinance upon application of Virginia
Beach Fishing Pier, Inc., for a Conditional Use Pernit for recreational and
amusement facilities of an outdoor nature (renovation of fishing pier and related
facilities):
Ordinance upon application of Virginia Beach Fishing Pier, Inc., for a Conditional
Use Permit for recreational and amusement facilities of an outdoor nature reno-
vation of fishing pier and related facilities) on certain property located on the
East side of Atlantic Avenue beginning at a point 92.5 feet North of 14th Street,
running a distance of 289.5 feet along the East side of Atlantic Avenue, running
a distance of 480 feet along the Northern property line, running a distance of
289.5 feet along the Eastern property line, and running a distance of 480 feet
along the Southern property line. Said parcel contains 3.19 acres. Virginia
Beach Borough
This matter was deferred for thirty (30) days to permit the applicant to meet
with the Erosion Commission and Langley and McDonald.
Voting: 7-1
Council Members Voting Aye: (for deferral)
John A. Baum, Barbara M. Henle@,, Vice Mayor J. Henry
McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald tl. Merrick,
and Meyera E. Oberndorf
10/01/79
(ITEM II-H.4) ITEM #14249
Mr. Parker appeared in favor of his application
On motion by Councilman Riggs, seconded by Councilman Ferrell, City Council voted
to DEFER the following Ordinance upon application of Parker Industries for a
Conditional Use Permit for a car wash to permit the applicant to appear before
the Board of Zoning Appeals to request a variance on the number of parking
spaces required:
Ordinance upon application of Parker Industries for a Conditional Use Permit for a
car wash 6n 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
This application was deferred to permit the applicant to appear before the
Board of Zoning Appeals to request a variance on the number of parking spaces
required.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice
Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald 'A. Plerrick,
and Me,,,era E. Oberndorf
10/01/79
-21-
(ITEM II-H.6) ITEM #14251
Mr. tl. C. Egan appeared in favor of the application
On motion by Councilman Ferrell, seconded by Councilman Riggs, City Council voted
to uphold the recommendations of the Planning Commission and the City Manager and
APPROVE the following Ordinance upon application of OCTO, Incorporated, T/A Dunes
Motor Inn, for a Conditional Use Permit to operate a bicycle rental:
ORDINANCE UPON APPLICATION OF OCTO, INCORPORATED, R01079272
T/A DUNES MOTOR INN FOR A CONDITIONAL t)SE PERMIT
TO OPERATE A BICYCLE RENTAL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of OCTO, Incorporated, T/A Dunes Motor Inn for a
Conditional Use Permit to operate a bicycle rental on property located at
the Southeast and Northeast intersections of Atlantic Avenue and 10th Street
on property of the Dunes tlotor Inn. Parcel contain 1.46 acres more or less.
Virginia Beach Borough.
Approval is subject to the following conditions in conjunction with the intended
use of the land:
1. Compliance with Article 2, Section 225 of the Comprehensive
Zoning Ord i na nce per tain ing to Bicycle Rental Estab l is hmen ts.
2. The existence of 21 or more dwelling or lodging units within
the hotel/motel facility.
This Ordinance shall become effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
1st day of October 1979.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barba'ra M. Henley, Vice
Mayor J. Henry ficcoy, Jr., J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nav:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Meyera E. Oberndorf
10/01/79
-22-
CORRECT MINUTES OF OCTOBER 1, 1979
TO CORRECT THE RECORD OF ITEM $14242 (Item II-H.2),
APPLICATION OF DONALD E. WASHBURN FOR THE CLOSURE
OF "C" STREET.
On motion by Councilman Baum, seconded by Vice-Mayor
McCoy, City Council voted to APPROVE the application
of Donald E. Washburn for the closure of "C" Street.
After discussion by Council, the recommendations
to require vacation of existing lot lines of the pro-
perty to the north by plat recordation in order to
insure that all lots will have access to a public
street was deleted.
10/01/79
-23-
(ITEM II-H.7) ITEM #14252
Upon motion by Councilman Baum, seconded by Vice Mayor McCoy, City Council voted
to APPROVE the application of Donald E. Washburn for the closure of "C-- Street.
After discussion by Council the recommendations to require vacation of existing
lot 1 ines 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.
Application of Donald E. Washburn for the discontinuance, closure and abandonment
of a portion of "C" Street beginning at a point 370 feet West of Barberton Drive,
running a distance of 188.54 feet along the -)outhern property line, running a
distance of 50.07 feet along the Western property line, running a distance of
185.75 feet along the Northern property line, and running a distance of 50 feet
along the Eastern property line. Said parcel contains .215 acres. Lynnhaven
Borough.
Approval is subject to the following conditions:
1. A 30-foot wide utility easement centered over the
sewer line.
2. Vacation of the existing lot line in order to avoid
the possibility of creating a nonconforming lot.
Voting: 7- 0
Council Members Voting Aye:
John A. Baum, Gporge P,. Ferrell, Barbara ". Henley, Vice Mayor
J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick, and
Meyera E. Oberndorf
10/01/79
-24-
WE, THE UNDERSIGNED OWNERS OF TENBEE CHASE CONDOMINIUMS, SUBMIT THIS DOCUMENT AS
EVIDENCE OF OUR CONCURRENCE WITH THE PROPOSAL THAT "C" STREET BE CLOSED, THE
PROPOSAL FOR CLOSURE BEING THAT SUBMITTED BY THE OWNER OF THE PROPERTY ADJACENT
TO "C" STREET.
12.
fF@ 13.
4. 'i@i@ljl(, 4@l 14.
15.
5.
6.
7. 17.
8. 18.
9. 19.
Y'
10. 20.
10/01/79
-25-
WINE SPRING LANE
.IDE.@000. D. 21139
I
i
i
1 0/0 1/79
-26-
(ITEM II-H.8) ITEM #14253
On motion b@t Vice Mayor McCoy, seconded by Councilman Payne, City Council voted
to uphold the recommendations of the Planning Commission and City Manager and
APPROVE the following Ordinance to amend and reordain Article 2, Section 203,
of the Comprehensive Zoning Ordinance pertaining to Off-Street Parking
Requirements:
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice
Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council tlenbers Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Meyera E. Oberndorf
10/01/79
-27-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 203
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAIr@ING TO OFF-STREET PARKING REQUIREMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 203, Off-Street Parking Requirements, of the
C.Z.O. is amended and reordained as follows:
(c) Commercial vehicular parking. Overm4ght parking of a com-
mercial vehicle in residential or apartment districts shall
be prohibited, except that one (1) commercial vehicle of one
ton or less may be parked on any lot where there is located
a main building by a resident of the premises. This restriction
shall not apply to commercial vehicles during the normal.conduct
of business or in the delivery or provision of service to a
residential area.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
First day of October 1979.
A
10/01/79
-28-
(ITEM II-I.l.a) ITEM #14254 ORDINANCES-GENERAL
Mr. Richard Creger, Attorney, representing the Hebrew Academy of Tidewater,
appeared in opposition to this matter.
On motior by Councilman Payne, seconded by Councilman Riggs, City Council voted
to DEFER for THIRTY (30) DAYS the following Ordinance to authorize a temporary
encroachment into a portion of the right-of-way of Mar@/land Avenue'.
THIS MATTER WAS DEFERRED FOR THIRTY (30) DAYS PENDING COURT ACTION IJITHI".
THIRTY (30) DAYS. IF SUIT IS NOT BROUGHT BY EITHER PARTY WITHIN THIRTY (30) DAYS
THE ENCROACHMENT ORDINANCE WILL BE BROUG[IT BACK TO COUNCIL FOR RECONSIDERATION.
Voting: 7-0
Council tlembers Voting Aye: (for deferral)
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice
Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L.
Riggs, and @layor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Meyera E. Oberndorf
10/01/79
-29-
B-RIGINA!
Requested by Departmnt of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF MARYLAND AVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained
in Section 15.1-893, Code of Virginia, 1950, as amended, Shelby Pallette,
owner of the Lake Holly Apartments, is authorized to construct and maintain a
temporary encrachment into the right-of-way of Maryland Avenue.
That the temporary encroachment herein authorized is for the express
purpose of constructing and maintaining a wooden bulkhead to enable construction
of the Lake Holly Apartments on Lots 15 and 17 thru 29, Block 16, Shadowlawn
Heights and is more particulary described as follows:
Beginning at a point on thenorthern sideof Maryland Avenue (-undeveloped),
Virginia Beach, Virginia, which point is S 07' 15' 00" E a distance
of 100.00 feet from a pipe on the corner of this property and Lots
13 and 14 as shown on that plat entitled "Resubdivision of Lots
15 and 17 thru 29 Block 16, Shadowlawn Heights, Virginia Beach,
Virginia" which plat is on file in the Department of Public Works
of the City of Virginia Beach, thence running S 82' 45' 00" W a
distance of 30 feet to a point, thence S 07' 15' 00" E a distance
of 6 feet to a point, thence N 82' 45' 00 E a distance of 30 feet
tb a point, thence N 07* 15' 00" W a distance of 6 feet to the point
of beginning.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to Shelby Pallette,
his heirs, assigns or successors in interest, and that within 60 days after such
notice is given, said bulkhead shall be removed from the City right-of-way of
Maryland Avenue by Shelby Pallette, his heirs, assigns or successors in interest
and that Shelby Pallette, his heirs, assigns or successors in interest shall
bLear all costs and expenses of such removal.
PROVIDED FURTHER, that Shelby Pallette, his heirs, assigns or successors
in interest shall indemnify and hold hannless the City of Virginia Beach, its
agents and employees, from and against all claims, damages, losses, and ex,penses,
including reasonable attorney's fees in case it shall be necessary to file or
defend an action arising out of the location or existence of said tiulkhead.
-30- kL
Adopted by the Council of the City of Virginia Beach, Virginia, on
the - day of
DEFERRED BY CITY COUNCIL ON October 1, 1979
MES/ih
8/8/79
APPROVED AS TO CONTENTS
APPROVED AS TO rOR@
ci-ry ATTORNEY
(ITEll II-I.l.b) ITEM 414255
On motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City Council voted
to uphold the recommendations of the Department of Publ.ic Works and the City
Manager and APPROVE the following Ordinance granting temporary @ncroachnents
into a portion of the right-of-way of Aragona Boulevard, Virginia@ Beach Boulevard
and Horace Aveni,- to Richard E. Olivieri, Administrator of the Estate of Emilio
Olivieri:
The following Ordinance replaces the Ordinance granting temporary encroachments
into a portion of the right-of-way of Aragona Boulevard, Virginia Beach Boulevard
and Horace Avenue to CLEM-OL REALTY CORPORATION.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley
Vice Mayor J. Henry t4cCoy, Jr., J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Menbers Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Meyera E. Oberndorf
10/01/79
Requested by Public Works Departrnent -32-
BOOK 196,5 PIGE 88
AN ORDINANCE GRANTING TEMPORARY ENCROACHMENTS
INTO A PORTION OF THE RIGHT-OF-WAY OF ARAGONA
BOULEVARD, VIRGINIA BEACH BOULEVARD AND HORACE
AVENUE TO RICHARD E. OLIVIERI, ADMINISTRATOR
OF THE ESTATE OF EMILIO OLIVIERI.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in
Section 15.1-893, Code of Virginia, 1950 as aniended, Richard E. Olivieri,
Administrator of the Estate of Emilio Olivieri is authorized to erect and main-
tain temporary encroachments into portions of the City right-of-ways of Aragona
Boulevard, Virginia Beach Boulevard and Horace Avenue.
The the temporary encroachments herein authorized are for the purpose
of renovating and remodeling the Aragona Village Shopping Center and that said
renovation and remodeling shall be done in accordance with the City of Virginia
Beach Public Works Department's specifications as to size, alignment and location,
and further that such temporary encroachments are more particularly described as
follows:
An area of encroachrrent into a portion of the City's right-
of-ways known as Aragona Boulevard, Virginia Beach Boulevard
and Horace Avenue, designated by the shaded area, as shown
on that certain plat entitled, "PHYSICAL SURVEY OF ARAGONA
SHOPPING CENTER FOR CLEM-OL REALTY CORPORATION, BAYSIDE BORO(JGH
VIRGINIA BEACH, VIRGINIA," dated Pugust 15, 1979 to which
reference is made for a more particular description, a copy
of which is attached hereto.
PROVIDED, HOWEVER, that the temporary encroachwents herein authorized
shall tertninate upon notice by the City of Virginia Beach to Richard E. Olivieri,
Administrator of the Estate of Emilio Olivieri and that within ninety (90) days
after such notice is given, said encroachnents shall be removed from the City right-
of-ways of Aragona Boulevard, Virginia Beach Boulevard and Horace Avenue by
Richard E. Olivieri, Administrator of the Estate of Emilio Olivieri and that
Richard E. Olivieri, Administrator of the Estate of Emilio Olivieri shall bear all
costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed that
Richard E. Olivieri, Administrator of the Estate of Emilio Olivieri shall indemnify
and hold harmless the City of Virginia Beach, its agents and employees from and
10/01/79
-33-
BOOK1969 PACE 89
against all claims, damages, losses, and expenses including reasonable
attorriey's fees in case it shall be necessary to file or defend an action
arising out of the location or existence of such encroachments.
AND, PROVIDED FURTHER, that this ordinance shall not be in effect
until such time that Richard E. Olivieri, Administrator of the Estate of
Emilio Olivieri executes an agreement with the City of Virginia Beach
encompassing the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Firstday of October 1979.
Certified to be a true exce@,pt from the minutes of the City Cotincil of the City of Virginia
Beach, Vi.rginia, approved Gctobel,,l, 1979
MES:kg
9/26/79
.7
Ha Smiih, City Clerk.
APpROVED AS TO C0,14TENTS
@@. A.Tly@
APPROVED AS 'TO FOR@
.AIIIR@
@TTORNEY
in
'If $............ .... .
Clrk
j@iLV V- I
10/01/79
-34-
(ITEM II-I.2.a) ITEM #12456 SECOND READ TNGS
I
On motion by Vice Mayor McCoy, seconded by Councilwoman Henley, City Council
voted to APPROVE on SECOND READING the following Ordinance to increase
appropriations and transfer existing ai)propriations in the Mental Retardation/
Developmental Disabilities (MR/DC) Pro(iram budget, in the amount of $25,993:
Vo@ling: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice Mayor
J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Me,,/era E. Oberndorf
10/01/79
-35-
AN ORDINANCE TO INCREASE APPROPRIATIONS
AND TRANSFER EXISTING APPROPRIATIONS
IN THE MENTAL RETARDATION/DEVELOPMENTAL
DISABILITIES (MR/DD) PROGRAM BUDGET
WHEREAS, the Virginia Beach City Council approved an appropriation
of $304,285, a local match of $165,284, and estimated revenues as follows:
from other agencies $121,352, from fees $4,649, and from the Tidewater Trans-
portation District Commission (TTDC) $13,000 in the Fiscal Year 1979-80 MR/DD
Program Budget, and
WHEREAS, the Department of Mental Health and Mental Retardation
has identified a need for one comprehensive specialized transportation program
for mentally retarded clients of the Adult Activity Center and the Sheltered
Workshop, and
WHEREAS, $22,591 is currently appropriated and an additional $25,993
needs to be appropriated for the transportation program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That $25,993 be appropriated and $22,591 be transferred from the
Adult Activity Center Budget for the transportation program, and
BE IT FURTHER ORDAINED that the additional appropriations will be
financed by an increase in estimated revenues, as follows: from other agen-
cies $8,000, from fees $9,130, and from TTDC $8,863, and
BE IT FURTHER ORDAINED that three personnel positions are hereby
authorized, with the employee class to be determined by the City Manager.
FIRST READING: September 17, 1979
SECOND READING: October 1, 1979
Adopted by the Council of the City of Virginia Beach, Virginia on
the- 1st day of October 1979.
APP?OVED AS TO CODIT'@-iT
SIG'AATIJRE
;@4,' TURE
10/01/79
-36-
(ITEM II-I.2.b) ITEM #14257
On motion by Councilman Payne, seconded by Vice Mayor McCov, City Council voted
to APPROVE on SECOND READING the following Ordinance to increase appropriations
in the Comprehensive tlental Health Program Budget:
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henle,'/, Vice
Mayor J. Henry tIcCoy, Jr., J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Meyera E. Oberndorf
10/01/79
-37-
AN ORDINANCE TO INCREASE
APPROPRIATIONS IN THE CONFREHENSIVE
MENTAL HEALTH PROGRAM BUDGET
WHEREAS, the Virginia Beach City Council approved an appropriation
of $887,937, estimated revenue from other agencies of $391,672, estimated
revenue from fees of $47,620, and a local match of $448,645 in the Fiscal
Year 1979-80 Comprehensive Mental Health Program Budget, and
WHEREAS, the Department of Mental Health and Mental Retardation
(DMH/MR) has identified a need for the continuation of a CETA position which
ends September 30, 1979, and
WHEREAS, this position will continue to focus on developing a
network of connnunity/family homes to provide temporary shelter for mentally
ill persons for the period October 1, 1979 through June 30, 1980, at a cost
of $9,207.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH VIRGINIA:
That $9,207 be appropriated to the Comprehensive Mental Health
Program Budget for the personnel position, and
BE IT FURTHER ORDAINED that the appropriations be financed bv an
increase of $9,207 in Estimated Revenue from Fees, and
BE IT FURTHER ORDAINED that one temporary personnel position is
hereby authorized for said period, with the employee class to be determined
by the City Manager.
FIRST READING: Se,)tember 17, 1979
SECOND READING: October 1, 1979
Adopted by the Council of the City of Virginia Beach, Virginia on
the 1st day of October 1979.
10/01/79
-38-
(ITEM II-1.2.c) ITEM #14258
On motion by Cbuncilman Ferrell, seconded by Councilwoman Henley, City Council
voted to APPROVE on SECOND READING the following Ordinance to appropriate funds
for an additional Probation Counselor for the Juvenile Probation Division:
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice
Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council tlembers Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. tierrick,
and Meyera E. Oberndorf
10/01/79
-39-
AN ORDINANCE TO APPROPRIATE FUNDS
FOR AN ADDITIONAL PROBATION COUNSELOR
FOR THE JUVENILE PROBATION DIVISION
WHEREAS, the Juvenile Probation Division has experienced an
increased caseload in "aftercare" cases, and
WHEREAS, the caseload increases are anticipated to continue,
and
WHEREAS, the Juvenile Probation Division estimates that the
addition of a Probation Counselor III will alleviate the overload, and
WHEREAS, the position, effective July 1, 1979, will require
$13,200 in appropriations,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That, effective July 1, 1979, the Juvenile Probation Division
be allocated an additional Probation Counselor III position and, in
conjunction, receive additional appropriations from Reserve for
Contingencies in the amount of $13,200.
First Reading September 17, 1979
Second Reading October 1, 1979
Adopted by the Council of the City of Virginia Beach on the
-1st day of October 1979.
AS TO C C,
'U
CITY ATTO'@1.1@"@
0/01/79
-40-
(ITEM 11-I.2.d) ITEM #12459
On notion by Councilman Riggs, seconded by Vice Mayor McCoy, City Council voted to
APPROVE on SECOND READING the following Ordinance to appropriate funds for a part-
time Printer Trainee in the.Print Shop:
Voting: 7-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Vice
Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
@@one
Council rlembers Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Meyera E. Oberndorf
10/01/79
-41-
AN ORDINANCE TO APPROPRIATE FUNDS
FOR A PART-TIME PRINTER TRAINEE
IN THE PRINT SHOP
WHEREAS, the Print Shop has indicated a need for a part-time
position of Printer Trainee to handle deliveries for the Printing
and Distribution Division of the Departmant of General Services, and
WHEREAS, it is cost effective to hire a part-time employee to
relieve the higher paid and trained employees from such duties and
to reduce the present overtime pay, and
WHEREAS, this position was not included in the fiscal year
1980 budget,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that $3,050 be appropriated from the Fund Balance of
the Print Shop Intragoveriunental Service Fund for the employment of
a part-time Printer Trainee in the Print Shop for the 1979-1980
fiscal year.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 1st day of October 19 79
First Reading: September 17, 1979
Second Reading: October 1, 1979
10/01/79
-42-
(ITEM II-I.3.a.1) ITEM #12460 FIRST READING
On motion by Vice Mayor McCoy, secbnded by Councilman Ferrell, City Council voted
to uphold the recommendations of the City Manager and APPROVE on FIRST READING the
following Ordinance to appropriate $193,000 for subdivision improvements to the
Level Green Development:
Voting: 7-0
Council Members Voting Aye:
John A Baijm, George R. Ferrell, Barbara M. Henley, Vice Mayor
J. Henry McCo,,, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Meyera E. Oberndorf
10/01/79
-43-
AN ORDTNANCE TO AIJPROPRTII-TF,.
$19'@,000 FOR SUBDIVISION
I@IPROVEMENTS TO THE LEVEL
GR]71,:N DEVELOPMf@,NT
WIIER7@AS, tlie Level Grc,.en Development is unfinished and needs
the following improvements in order to m--et city subdivision iitiprovement
standards:
1. Correct drainage deficiencies in Canal,"'A",
Canal "B" and the lake.
2. Install a sidewalk along Level Green Boul-evard.
3. Pave Level Green Boulevard (final pavemeiit) from
Indian River Road to Tradewiiids Road.
4. Provide fifteen (15) street lights along Level
Green Boulevard.
WHEREAS, the Level Green Development Corporation has not
fulfilled their responsibililly in completing these tasks because of
certain discrepeiicies in the bonding procedures; and
WHEREAS, the City has tal@on legal action against the Level
Green Developiiient Corporal,-ion aild has obtained a judqment aga@-ns"
the Corporatioii; and
WHEREAS, it appears that said Corporation is now desolved;
and
WHEREAS, these iidprovements need inimediate atten-lion for t@e
liealth and safety of the Level Green neighborhood; and
WIIEREAS, the total cost of the improvements is $193,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIPGINIA BEACII, VIRGINIA:
THAT funds in the amount of $193,000 be appropriated @@rom
the General Fund Balance for tlie purpose of making improvements to
the Level Green Develop:iient so that the subdivisoh wil.1 inoot city
standards.
FIRST READING: October 1. 1979
SECOND READING:
I
ADOPTED BY TIIE COUNCIL (,F TIIE,; CITY OF VIRC@INI'@ BEACTI OPT
GGD:JDI3:ei-
9-5@-79
-44-
(ITEM II-1.4.a) ITEM #14261 CITY CODE AMENDMENTS
Mrs. Reba McClanan appeared in opposition to this Ordinance
On motion by Councilman Payne, seconded by Councilman Baum, City Council vdted to
DEFER fOr THIRTY (30) DAYS the following Ordinance to amend and reordain Chapter
35, Article II of the Code of the City of Virginia Beach relating to free-standing
Mobile Homes by repealing Section 35-4 and amending Section 35-5 relating to
enforcement:
Voting: 7-0
Council Members Voting Aye: (for deferral)
John A. Baum, George R. Ferrell, Barbara M. Henley,
Vice Mayor J. Henry McCoy, Jr., J. Curtis Pa,,,ne,
Roger L. Riggs, and rlayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Clarence A. Holland, Donald W. Merrick,
and Meyera E. Oberndorf
10/01/79
-45-
(ITEM II-J) ITEM #14'@62 OLD BUSINESS
Councilwoman Henley asked if the District Engineer was waiting for the Resolution
on Holland Road before notifying Council of the Bikeway Plans?
The City Manager indicated the District Engineer has received the City's comments,
and have indicated they may put an eight (8) foot sidewalk on Holland Road.
ITEM #14263
Councilwoman Henley asked when the Comprehensive Land Use Plan was to be brought
before Council for adoption?
The City Manager indicated the Comprehensive Land Use Plan will be brought to
Council for adop'uion on October 15, 1979.
ITEM #14264
Vice tla,/or McCoy indicated he has received calls from several citizens of the
City informing him of the use of the Virginia Beach Recreation Center by citizens
of other Cities.
The City Manager indicated he will investigate this matter further.
ITEPI@ 414265
Councilman Riggs indicated that in the Beach Borough there are several vacant
lots @lliich could be used as "satelite" parking lo@'s during the summer season,
and requested the City t-lanager to investigate this mat'ler and report back to
Council .
ITEM #140,66
Councilman Riggs requested an up-date on the construction of ,qater and sewer
projects, and asked the City Manager when the report will bp- com.r)leted.
The City Manager indicated the report should be corlpleted within three (3)
weeks.
ITEM #14267
On motion by Councilman Ferrell , seconded by CoLincilman Baum, and by ACCLAtIATIO@4,
City Council adjourned at 4:00 p.m.
z De,)uty
Acting Cit@, Clerk k L. Standing
I Patr c
City of Virginia Beach,
Virginia
October 1, 1979
h