HomeMy WebLinkAboutAUGUST 20, 1979
CITY OF VIRGINII BEICI
MUNICIPAL CENTER
'R..,t City" VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g, CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gh
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,@ill, B.,..gb DONALD W. MERRICK, Ly-h..@. B.,.,gb
JOHN A. BAUM, BI.,k.,t@, B.,..gh MEYERA E. OBERNDORP, At L.,g@
F. REID ERVIN, Al L.,g@ J. CURTIS PAYNE, P,i@,@,, A@@@ B.,..gb
GEORGE R. FERRELL, A, L.,g, ROGER L. RIGGS, Vigi@i. B@.,h B.,..gb
BARBARA M. HENLEY, P.@g. B.,@.gh RUTH HODGES SMITH, City Cl@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: MONDAY, 20 AUGUST 1979 - 1:00 p.m.
A. CALL TO ORDER - MAYOR PATRICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTTON TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. A. J. Croonenburgh Site: Request for a building
permit.
2. Reduction of Motel Line Fees: Discussion.
ITEM II FORMAL SESSION: MONDAY, 20 AUGUST 1979 - 2:00 p.m.
A. INVOCATION - Reverend Paul Kettner, Pastor
Hope Lutheran Church, LC-MS
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of 13 August 1979
E. RESOLUTIONS - NONE
F. PUBLIC HEARINGS - NONE
G. CONSENT AGENDA
All matters listed under the consent agenda are considered
to be routine by the City Council and will be enacted by
one motion in the form listed. There will be no separate
discussion of tbese items. If discussion is desired, that
item will be removed from the Consent Agenda and considered
separately.
1. Letter from the City Manager recommending approval of
the Ordinance adopting Section 33-1.1 of the Code of
the City of Virginia Beach pertaining to the use of
credit cards for payment of local levies.
2. Letter from the City Manager recommending approval of
the ordinance to amend Chapter 33 of the Code of the
City of Virginia Beach relating to dates for payment
of taxes.
3. Letter from the City Manager recommending approval of
the Ordinance to amend Article I Section 2 of the Code
of the City of Virginia Beach by the addition of Section
2-1.5 pertainincj to the reproduction of City records and
documents and destruction of originals.
4. Letter from the City Manager recommending approval of the
Ordinance appointinq viewers for the closure of a portion
of Garfield Avenue (PrincesS Anne Borough), as petitioned
by Gary L. Nelson.
5. Letter from the City Manager recoimnending approval of the
request of Mr. John Atkinson, City Treasurer, for tax re-
funds in the amount of $1,741.96.
H. PLANNING ITEMS
1. Letter from tbe City Manager transmitting the recommendation
of the Planning Commission for approval of the application
of William E. Batson and James C. Nocito for a conditional
@ise permit for multiple-family dwellings on a .344-acre par-
cel located on the north side of Level Green Boulevard, op-
posite Drew Drive (KeTnpsville Borough) . This matter was
deferred for thirty (30) days on July 16, 1979.
2. Letter from the City Manager transmitting the recommendation
of the Planning Commission for approval of the application
of John fladjikakos for a conditional use permit to operate
a bicycle rental on a 1.4-acre parcel located on the east
side of Atlantic Avenue, north of Laskin Road (Virginia
Beacb Borough). This matter was deferred for thirty (30)
days on July 16, 1979.
3. r,etter from the City Manager trans'Mitting the recommendation
of the Planning Commission for approval of the application
of Earry H. and Penny R. Pitts for a conditional use permit
for an automatic carash on a .61-acre parcel located on
the south side of Shore Drive, east of Greenwell Road (Bay-
side Borough). This matter was deferred for thirty (30)
days on July 16, 1979.
4. Letter from the City Manager transmitting the recominendation
of the Planning Commission for approval of the application
of The General Hospital of Virgi.nia Beach for a change of
zoning from A-1 Apartment District to B-4 ReSort-Commercial
District on a 1.2-acre parcel located at the northeast inter-
section of 25th Street and Arctic Avenue (Virginia Beach
Borough).
5. Letter from the City Manager transmitting the recommendation
of the Planning Connission for apvroval of the application
of OCTO, Incorporated T/A Dunes Motor Tnn for a conditional
Lise permit to operate a bicycle rental on a 1.46-acre parcel
located at the northeast and southeast intersection of Atlan-
tic Avenue and 10th Street (virqinia Beach Borough).
6. Letter from the City Manager transmitting the recomrnendation
of the Planning Commission for approval of the application
of Murphy Building Corporation for a conditional use permi-
for two duplexes on a .286-acre parcel located at the south-
west intersectioii of Parks Avenue and 12th Street (Virginia
Beach Borough).
7. Letter from the City Manager transmitting the recommendation
of thE- Planning Commission for approval of the application of
Virginia Beacb Fishing Pier, Inc. for a conditional use per-
mit for recreational and amusement facilities of an outdoor
nature (renovation 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).
Although the Planning Commission has recommended approval
of this application, the City Manager feels that Council
should not grarit an encroachment any further west on beach-
front property than what now exists. Expansion to the west
would reduce the amount of available publicly-owned beach
for recreational purdoses. if Council wishes to allow the
expansion of this Dier, I recomrnend that it be to the east
of the existinq structure.
8. Letter from the City Manager transmitting the recommendation
of the Planning Commission for approval of the application
of Walter J. and Barbara H. Pankiewicz for a conditional
use permit for dune disturbing activity on a .246-acre
parcel located on the east side of South Atlantic Avenue,
north of Maryland Avenue (virginia Beach Borough).
9. Letter from the City Manager transmitting the recommendation
of the Planning Co=ission for approval of the application
of MOCA Investments for a conditional use permit for a
duplex on a .16-acre parcel located on the south side of
13th Street, west of Parks Avenue (virginia Beach Borough).
10. Letter from the City Manager transmitting the reco=endation
of the Plannitig Commission for approval of the request of
Margaret T. ]3ass for a variance to Section 4.4(b) of the
Subdivision Ordinance which requires lot dimensions to con-
form to the Compr(,hensive Zoninq ordinance. This 12,000-
square foot site, located at the northeast intersection of
Atlantic Avenue a,)d 87tli Street, currently consists of two
lots.
1. C)RDTNANCES
1. General
a. Letter from the City Manager recommending approval,
on first reading, of the Oydinance to amend Sections
29-11 and 37-30 of the Code of the City of virginia
Beach relating to sewer and water line fee exemp-
tions for certain elderly and handicapped persons.
2. Second Readings
a. City Council is requested to approve on second
reading the Ordinance to appropriate $41,000 from
the General Fund Balance to purchase land at Sea-
tack for a Community Center and to pay for a title
search on this property.
b. City Council is requested to approve on second
reading the Ordinance to accept a grant totalling
$7,043 from the southeastern Virginia Planning
District Commission and to appropriate these funds.
3. Aporopriations
a. First Readings
1. Letter from the City Manager recommending
approval, on first reading, of the Ordinance
to a@prove a Clerk position in the Department
of Personnel to be funded from Community Develop-
ment Block Grant Funds.
2. Letter from the City Manager recommendinq
approval, on first reading, of the Ordinance
to transfer appropriations within the Mental
Retardation/Developmental Disabilities Budget.
b. Bids - None
C. Grants - None
OLD BUSINESS
1. Appointments to Boards/Commissions
K. NEW BUSINESS
1. Motion to dispurse with the Council Meeting of
3 September 1979 (Labor Day).
L. ADJOURNMENT
1. Motion to adjourn.
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACF], VIRGINIA
August 20, 1979
The regular meeting of the Council of the City of Virginia Beach, Virginia, was
called to order by Mayor Patrick L. Standing, in the Conference Room, in the
Administration Building, on Monday, August 20, 1979, at 1:00 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. liolland, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Absent:
Vice Mayor J. Henry tIcCoy, Jr.*
'@TEM #14074
Mayor Standing entertained a motion to permit Council to conduct an INFORMAL
SESSIO@i to be followed by an EXECUTIVE SESSIO@@ 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. of
publi@eld 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 Baum, seconded by Councilman Plerrick, City Council voted
to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. liolland, Donald W. Merrick, Pleyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, tlayor Patrick
L. Standing
Council Members Voting Nay:
@ione
-3-
A. J. CROO@IENBURG[I SITE: ITEM #14079
The City Manager indicated a problem exists on Litchfield Road, which is a private
unimproved road, with approximately six (6) residents living there.
Mr. Croonenburgh wishes to acquire a building permit to build a new home. The
City denied his request for a building permit in the fact that it was on a
private road, and indicated to tlr. Croonenburgh if he could get the property
owners to agree to permit them to have access and make improvements to the road
then the City would approve their building permit.
The property owner feels it is too much of a financial burden for him to have
to improve the road himself, and will not do so.
The Director of Public Works indicated to Council he informed the property owner
it should be improved to minimum standard. The road is about 1,900 feet long,
and it would take the property owner approximately $20,000 to bring the road up
to minimum s"andards.
After the property owner pleaded a hardship case, the Public tiorks Department
agreed to accept something less than what was established as a minimum improvement
in view of the unusual circumstances; provided, the owner would give the City
some agreement that he would be responsible for maintaining the road; however, the
property owner was not in agreement with that arrangement either.
The City Manager indicated that if the property owners would dedicate 30-feet
the City could possibly make some improvements to the road; however, the residents
would also have to give the City $500 each (this would be the maximum assessment).
Mr. Walter Monahan appeared in the INFORMAL SESSION regarding this matter.
The Mayor asked the City Manager to contact the adjacent property owners to see
if they would like improvements made to the road based on the City's assessment
policy.
REDUCTION OF MOTEL LINE FEES ITEM #14030
The City Manager indicated that some time ago a representative appeared before
City Council requesting consideration be given to line fees paid by hotels and
motels.
The City Manager handed to Council a survey prepared b,,t Mrs. Patti Phillips,
Research Team, regarding line fees for hotels and notels.
The City Manager took into consideration what he thought was Council's intent to
have both apartments, hotels and motels pay equitably in relationship to single-
family residences. A single-family resident does not pay one-quarter of what a
sewer project costs.
Water and sewer line fees for apartments and for hotels and motels are currently
based on complex calculations based on per acre density and the number of units.
The revised rates are based only on the number of units. This should simplify
the administration of the line fee calculation as well as enable developers and
contractors to estimate their own line fees. In addition, per unit rates make
more sense since "he number of units is what impacts the system.
The effects of the revised fees on hotels and motels are analyzed in Table 4
by comparing the fees that would be paid using current rates and revised rates
for various ',Ypes of hotels and motels. In all but one case the revised fees
result in lower fees. (The one case which results in an increase is because the
current rates are calculated on a low density, thus low fees).
08/20/79
-4-
TABLE 4
CITY OF VIRGINIA BEACH
SELECTED EXAMPLES
CURRENT VERSUS PROPOSED RATES
HOTELS AND MOTELS
LINE FEE CALCULATIONS
August 1, 1979
Hotel and Motel
Example Increase
Units and Density Current Rate (Decrease)
40 units; .81 acre
water line fees $14,945 $12,400 ($ 2,545)
sewer line fees 22,846 19,400 3,446)
54 units; 1.17 acres
water line fees 19,548 16,740 2,808)
sewer line fees 29,813 26,190 '1,623)
56 units; .57 acre
water line fees 24,543 17,360 7,183)
sewer line fees 37,961 27,160 10,801)
28 units; .54 acre
water line fees 10,666 8,680 1,986)
sewer line fees 16,449 13,580 2,869)
103 units; 3.61 acres
water line fees 28,606 31,930 3,324
sewer line fees none none none
*Rates:
water $310
sewer $485
The City Manager further indicated he will forward the proposed Ordinance on
the above matter for informational purposes only in the Agenda of August 27,
1979, and for FORMAL VOTE in approximately two (2) weeks.
ITEM #14081
The City Manager indicated Human Resources Building (Social Services Building)
is now open and makes a very good office conplex. The City Manager indicated
further he would like to give Council a @lour of the Building and will send out
a Memo to that affect.
08/20/79
-5-
FORMAL SESSION
ITEM #14082
Monday, August 20, 1979
2:20 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Absent:
Councilwoman Meyera E. Oberndorf*
INVOCATION was given by the Reverend Paul Kettner, Pastor, Hope Lutheran
Church, LC-MS.
PLEDGE OF ALLEGIANCE
(ITEM II-D.1) ITEM #14083 MINUTES
On motion by Councilman Baum, seconded by Councilman Payne, City Council voted
to DEFER FOR ONE WEEK the minutes of the regular meeting of August 13, 1979, to
be voted on August 27, 1979.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
9onald W. Merrick, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Councilwoman Meyera E. Oberndorf
08/20/79
-6-
COUNCILWOMAN OBERNDORF ENTERED MEETING AT 2:20 p.m.
(ITEM II-E.1) ITEM #14084 REISOLUTION
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to
APPROVE the following Resolution honoring Gerry Spiess, Skipper, "YANKEE GIRL"
for having sailed the Atlantic in the record time of only 54 days (total of 3,200
miles).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice tlayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
08/20/79
-7-
R E 5 0 L U T I 0 N
Honoring
Gerry Spiess, Skipper, "Yankee Girl"
WHEREAS, the courage of a man, confident by his own intelligent background
and experience in design atid building, is strengthened by faith and understanding
his purpose, thirty-nine year old Minnesotan, Gerry Spiess, engineered the siiall-
est sailboat, "YAIIKEE GIRL" ever to attempt the Atlantic; and,
W[iEREAS, dreams do become reality by determi@led laymen who seek to chance
the unknov.,n to conquer their purpose; and,
WHEREAS, Gerry Spiess, in fulfilling a life-long dream, displayed @mericarl-
ism t@irougli his exploring, settling and conqueroring the wilds of his @iomeland;
and,
WHEREAS, Gerry Spiess deterniined "YANKEE GIRL'S@' greatest asset would b,@ the
winds properly gtiiding her sails and the best depirtlire point was t@,.e s!iore of
Virginia Beach on the very First day of Juiie, Nineteen Iqundred Seventy-iiirie wlien
tlie southwes-@erly winds would boost her in a northeasterly direction; and,
WliERE.AS, viitli all the world, frorn June First the citizens of Virginia B(-,ac@i
were anxiously charting the course of "YA,'IKEE GIRL" as it weatt@ered approximately
1650 milc,.s in the perils of the No,,th Atlantic and neai-e@ his dc-stiriatioil just
southwest of Irelaiid; and,
WHEREAS, on July 24, 1979, aiiother I,,Iorld reco@@d @,ias acclaimed when "YAN@,EE
G@@RL" and her skipper Gerry Spiess anchored at the Poi@t of Falmout@i, Enqland, as
ttle sniallest boat ever to cross the Atlantic and in record tiiiie of only fifty-
four (54) days at sail on the open seas--a total of soltie 3,200 niiles.
BE IT TIIEREFORE RESOLVED that the City Council of Virginia Beach, Virginia,
hereby recognizes Gerry Spiess as an intrepid trans-Atlantic sailor in his in.-
geno,,is "YATIKEE GIRL" with a Resolution of Recognition to be of i,ecord tliis
Twentieth day of August, Nineteen Hundred Seventy-nine;
BE IT FURTHER RESOLVED that this Resolution be forwarded to Gerry Spiess
recognizing his June First departure from America's largest resort City, Virginia
Beach, Virginia.
Standing
Mayor
Virginia Beach, Virginia
(ITEM II-G.1) ITEM #14085 CONSENT AGENDA
ALL MATTERS LISTED UNDER THE COPISENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE
CITY COUNCIL AND IIILL BE ENACTED BY ONE MOTION IN THE FORM LISTED.
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to
APPROVE the following Ordinance adopting Section 33-1.1 of the Code of the City of
Virginia Beach pertaining to the use of credit cards for payment of local levies.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting @lay:
None
Council Members Absent:
None
08/20/79
-9-
Requested by: John T. Atkinson, City Treasurer
AN ORDINANCE ADOPTING SECTION 33-1.1
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO THE USE OF CREDIT
CARDS FOR PAYMENT OF LOCAL LEVIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Code of the City of Virginia Beach is hereby amended by
adding Section 33-1.1 as follows:
Section 33-1.1. Use of credit cards for payment of local levies.
Any local levies authorized and imposed by this chapter may be paid
by use of a credit card approved by the City Treasurer. In addition to any
penalties and interests arising pursuant to law, there shall be added to such
payment a sum not to exceed four per centum of the amount of the tax, penalty
and interest paid, as a service charge for acceptance of such card. Such
service charge shall not exceed the percentage charged to the City by the credit
card company.
Adopted by the Council of the City of Virginia Beach on the 20
day August -, 1979.
FOR STATE AUTHORITY SEE SECTION 58-958.1,
CODE OF VIRGINIA, AS AMENDED.
MES/ih
8/3/79
--?Ct
EPAP.TMEN
08/20/79
-10-
(ITEM II-G.2) ITEM #14086
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to
APPROVE the following Ordinance to amend Chapter 33 of the Code of the City of
Virginia Beach relating to payment of taxes.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry PlcCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
08/20/79
-2-
Council Members Absent:
Vice Mayor J. Henry McCoy, Jr.
BOARD OF ZONING APPEALS ITEM #14075
Mayor Standing indicated Councilman Ervin wished him to announce that the Public
Hearing held by the Joint Subcommittee of the State General Assembly regarding
Senate Bill 804 concerning tlie Board of Zoning Appeals will be held on @uesday,
August 22, 1979, at 10:00 a.m., Plorfolk City Council Chambers.
FREE-STANDING MOBILE HOME (TATE) ITEM #14076
Councilman Merrick indicated that at last week's meeting Council considered a
free-standing mobile home, and admitted he had not done his homework on this
matter.
Councilman Merrick indicated the Tate application began in February and Council
didn't receive the application until August, and requested the City @lanager to
check Section 35-4 of the City Code; meet with Robert Loher; and, present Council
a map of adjoining property owners and explain why it took seven months to reach
Council .
HOBIE CATS ON BEACHES ITEM #14077
Councilman Merrick indicated that Catamarans and Hobie Cats are becoming a major
problem, and indicated h2 was working with David Grochmal in trying to have the
Commodore of the Fleet handle tlie situation.
Councilman Merrick also indicated he had talked wi@lh several owners of the
boats, up around 68th Street and 69th Street, asking them to reduce the consentration
of boats in that area, and as of today (August 20, 1979) they have not removed a single
boat.
LY@i@@HAVEN MALL ITEM #14078
Councilman Merrick indicated he received a settlement statement between the
Virginia Beach Development Authority and the Lynnhaven Mall, and it looks
like the City sold 20 acres for $1,500 per acre.
Councilman Merrick further noted he was not sure who was going to pay for the
widening of Lynnhaven Parkway, the interchange or the other ramifications, and
as he looks at the financial statement of the City of Virginia Beach he sees
that two (2) years ago the Development Authority owed the City of Virginia
Beach approximately $2 rlillion.
Councilman t-lerrick requested the Mayor to appoint a Committee to investigate
this matter and report their findings back to Council.
The City Manager indicated he would give Council a report on this matter in
the EXECUTIVE SESSION.
VICE MAYOR MCCOY ERITERED INFORMAL SESSION AT ]:01 p.m.
08/20/79
- 1 1 -
AN ORDINANCE TO AMEND CHAPTER 33 OF
THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO DATES FOR PAYMENT
OF TAXES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 33-8. When city taxes are imposed.
Tangible personal property and machinery and tools shall be taxed
as of January 1 of each year. The status of all persons, firms, corporations
and other tax payers liable to taxation on any such property shall be fixed as
of the date aforesaid in each year and the value of such property shall be taken
as of such date.
Section 33-8.1. When city taxes due and payable.
City taxes on personal property for each year shall be due and payable
on or before June 5 of the year in which the same are assessed. Except when
assessment is made after June 5 the taxes shall be due and payable on or before
December 5 of the year in which the same are assessed.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach on 20
day of August, 1979.
JDB:er
8-8-79
APPROVEII A5 TO CONTENTS
SIG,'4ATURE
NEY
08/20/79
-12-
(ITEM II-G.3) ITEM #14087
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted
to APPROVE the following Ordinance to amend Article I, Section 2 of the Code of
the City of Virginia Beach by the addition of Section 2-1.5 pertaining to the
reproduction of City records and documents and destruction of originals.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
t@one
08/20/79
-1 3-
Requested by Mental Health/Mental Retardation Services Board
AN ORDINANCE TO AMEND ARTICLE I SECTION 2 OF
THE CODE OF TliE CITY OF VIRGINIA BEACH BY
THE ADDITION OF SECTION 2-1.5 PERTAINING
TO THE REPRODUCTION OF CITY RECORDS AND
DOCUMENTS AND DESTRUCTION OF ORIGI@IALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article I, Section 2 be amended by the addition of Section 2-1.5
pertaining to the reproduction of City records and documnts and destruction of
originals of same as follows:
Section 2-1.5 Reproduction of Records and Documents and Legal Status
Thereof; Destruction of Originals
The City Manager is authorized to provide, upon written request of the
head of any city department, for the photographing or microphotographing, or re-
cording by any other process which accurately reproduces or forms a durable
medium for reproducing the original of all or any part of the papers, records,
documents or other material kept by or in charge of any department, agency, or
institution of the city.
Whenever photographs or microphotographs shall have been made and put in
conveniently accessible files, and provision has been ffade by the department,
agency, or institution of the city for preserving, examing and using same, the
city manager may notify the state or city librarian that the city intends to destroy
the records and papers so photographed or microphotographed, or any part thereof.
If within sixty days the state or city librarian has not notified the city manager
that the original of such records should be retained, the city manager may order
them destroyed.
Adopted by the Council of the City of Virginia Beach, Virginia on the
20 day of August 1979.
RHM:kg APPROVED AS TO CONTENT$
8/2/79
SIGNATURE
State Code Reference Section 15.1-8 DEPARTMENT
Ap 0 D S7
C,4 ATTORNEY
08/20/79
-14-
(ITEM II-G.4) ITEM #14088
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to
APPROVE the following Ordinance to Appoint Viewers in the matter of closing,
vacating and discontinuing a portion of that certain street of approximately 50
feet, more or less, in width, known as Garfield Avenue, as shown on a certain
plat located in Map Book 7, at Page 70, between Garfield Avenue in the Pecan
Gardens area in the City of Virginia Beach, Virginia.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice tlayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
rione
Council Members Absent:
None
08/20/79
IN TIIE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF APPROXTMATELY 50 FEET, MORE OR
LESS, IN WIDTH, KNOWN AS GARFIELD AVENUE,
AS SHOWN ON A CERTAIN PLAT LOCATED IN
MAP BOOK 7, AT PAGE 70, BETWEEN GARFIELD
AVENUE IN THE PECAN GARDENS AREA IN THE
CITY OF VIRGINIA BEACH, VIRGINIA, SAID
MAP BEING ATTACliED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND TliE MFMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Gary L. Nelson, respectfully
represents as follows:
1. That pursuant to the provisions of Section
15.1-364 of the 1950 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 lot, piece or parcel of
land, lying, situate and being in the City of
Virginia Beach, Virginia, and described as:
BEGINNING at a point on the southwestern
corner of Alabama Avenue, formerly 29th
Street, as shown on the Plat of Pecan Gardens,
which plat is recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 7, at page 70, in
a southerly direction down the western line of
Garfield Avenue to its terminus with the northerly
right-of-way of Holland Road; thence 50 feet, more
or less, in an easterly direction to a point on
the right-of-way on Holland Road at its terminus
with Garfield Avenue; thence northerly to the north-
east corner of Garfield Avenue where it runs into
Alabama Avenue; thence west 50 feet, more or less,
to the point of beginning.
Said parcel of land being a portion of Garfield Avenue as in-
dicated on said Map attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the
aforesaid street.
2. That no inconvenience will result to any persons
ADA. E3UTLER
&BUTLER by reason of said clsoing, vacation and discontinuance of
said street; and the petitioner prays that this Honorable
Council appoint viewers as provided by law to view said platted
street proposed to be closed and to report in writing to the
City Council on or before the day of -,1979,
as to whether in the opinion of said viewers, what inconven-
ience, if any, would result from the discontinuance and
closing of this portion of said street, as herein reported
and described.
3. That on the day of JULY
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 the attorney repre-
senting some of the residents who are fee simple owners of
all land along and adjacent to and affected by said portion
of the platted street to be closed and consequently, and are
the only landowners affected by the same.
GARY L. NELSON REPRESENTING PINE
NEEDLES IIOUSING AREA
By
Of Counsel
A. J. Canada, Jr.
Canada, Butler & Butler
2420 Virginia Beach Boulevard
Virginia Beach, Virginia 23454
NADA.BUTLER
& BUTLER
T.11@ II. T L.@
E.C.. @A.
2
-17-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Gary L. Nelson, representing Pine Needles
Housing area, has given due and proper notice, in acocrdance
with the statutes for such cases made and provided that they
will on the day of 1979, apply to the
City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below-described property
and report in writing to the Council whether, in the opinion
of said Viewers, any, and if any, what inconvenience would
result from the discontinuance of the hereinafter described
portion of that certain street of approximately 50 feet, more
or less, in width, and has filed such application with
said Council.
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia:
THAT Robert J. Scott
-C. Oral Lambert, Jr. and
-David @l. Grochmal are hereby
appointed to view the below-described property and report in
writing to the Council on or before 1979
whether in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of a portion of
that certain street of approximately 50 feet, more or less in
width, located in the City of Virignia Beach, Virginia, and more
particularly described as follows:
ALL THAT certain lot, piece or parcel of land,
lying, situate and being in the City of Virginia
Beach, Virginia, and described as:
BEGINNING at a point on the southwestern corner of
Alabama Avenue, formerl.y 29th Street, as shown on
the Plat of Pecan Gardens, which plat is recorded
in the Clerk's office of the Circuit Court of the
DA.BUTLER City of Virginia Beach, Virginia, in Map Book 7,
E)UTLFR at page 70, in a southerly direction down the western
@@IIS AT @Al
...C.. @A.
line of Garfield Avenue to its terminus with the
northerly riglit-of-way of liolland Road; thence
50 feet, more or less, in an easterly direction to
a point on the right-of-way on Holland Road and
its terminus with Garfield Avenue, thence northerly
to the northeast corner of Garfield Avenue where it
runs into Alabama Avenue; thence west 50 feet, more
or less, to the point of beginning.
All of the above as shown on the Map which shows
the closing of said Garfield Avenue between Holland Road and
Alabama Avenue, in the City of Virginia Beach, Virginia, which
Map is attached hereto and made a part hereof and intended to
be recorded with the ordinance closing the aforedescribed
street.
NADA.BUTLER
& BUTLER
AT LA@
.1@IA ..A@..
(ITEM II-G.5) ITEM #14089
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to
APPROVE the following Tax Refunds in the amount of $1,741.96.
Voting: 11-0
Council Members Voting Aye:
John A. Daum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Na,,,:
None
Council Members Absent:
None
08/20/79
-20-
AN 01@I)IIIANCE AUFiIOP@lZli',,G TAX REF[ill'!)S
UPO,i APPLICATIOli OF CER'i'All" PERSONS
AND UPOII CERTIFICATION OF TliE TRE/ISURER
BE IT ORDAINED BY TH,E COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the folloxqina appl-ications for tax refunds upon certification of
lac Treasurer are bereby approved:
1,741.96
To-al3-ng
TAX TYPE T-ICKET EXOIIER- DATE
kME YEAP OF TAX I\Itj,%IBER TION l@( PAID @ENAL'@ INT TOTAT-
hepan, Thelma I. 79 RE(1/2) 12278-6 12/4/78 34.00
hepan, Thelma 1. 79 RE(2/2) 12278-6 6/5/79 34.00,
amer, Harold A. 79 Pkng. 23352 6/23/79 3.00'
itt, Nathan G. 79 CD 4715 7/30/79 7.50'
anderlin, Lelia J. 79 CD 99304 8/8/79 15.00-
iguid, Cesar L. 79 CD 68485 7/23/79 15.00'
enner, William A. 79 CD 48787 4/17/79 15.00-
enner, William A. 79 CD 48788 4/17/79 15.00@
enner, William A. 79 CD 48791 4/17/79 15.00-
at Truck Leasing 79 pp 14846 6/5/79 251.10@
eitz, Madeline A. 79 pp 75916 5/29/79 4.02L
ears, Catherine P. 79 pp 81559 7/9/79 5.40
owalt Enterprises 78 pp 120749 12/5/78 810.00,
onavita,.Jimmi 79 pp 9059 6/3/79 6.78
ew Edward W., Jr. 79 pp 105730 6/2/79 22.98
ugbang, Ruby T. 79 pp 92712 5/14/79 12.18.
ixon, Josephine 79 RE(2/2) 18634-2 5/16/79 3.34-
chellhammer, Paul' 79 RE(2/2) 59753-1 5/15/79 82.96
omas & IN'ettleton 79 RE(2/2) 58472-3 6/5/79 73.36,
h6rry, Linwood W. 79 RE(2/2) 77658-9 6/5/79
ilson, Carlos 79 RE(1/2) 74145-7 2/13/79 128.88
cLesky, F. Wayne 79 RE(2/2) 45086-8 6/5/79 31.00
cLesky, F. Wayne 79 RE(2/Z) 45067-1 6/5/79 4.00
cLesky, F. Wayne 79 RE(2/2) 45068-0 6/5/79 4.00
The above abatement(s) totaling Cert @f ied as to pf y-,nggt;
were approved by
tlie Council of the City of Virginia
Beach on the @oex day of
io@ T Tre@asure
Approvcd as to form:
iut-ll- ty Clerk
-21-
(ITEM II-H.1) ITErl #14090 PLANPIING ITEMS
Mr. William E. Batson appeared regarding his application
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted
to uphold the recommendations of the Planning Commission and the City Manager and
APPROVE the following Ordinance upon application of @lilliam E. Batson and James C.
Nocito for a Conditional Use Permit for multiple-family dwellings:
ORDINANCE TJPON APPLICATION OF WILLIAM E. R0879260
BATSON A@ID JAMES C. NOCITO FOR A CONDITIONAL
USE PERMIT for multiple-family dwellings.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Llilliam E. Batson and James C. Nocito for a Con-
ditional Use Permit for multiple-family dwellings on certain property locate-d
on the r@orth side of Level Green Boulevard at the Northern extremity of Drew
Drive, running a distance of 100 feet along the North side of Level Green
Boulevard, running a distance of 150 feet along the Eastern property line,
running a distance of 100 feet along the Northern property line and running
a distance of 150 feet along the Western property line. Said parcel contains
.344 acre. Kempsville Borough
Approval is subject to the following conditions in conjunction with the intended use
of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A maximum density of 12 units per acre is allowed. Based on
the acreage involved with this site, the density is restricted
to 4 apartment units.
4. A 15-foot no parking front yard setback from Level Green Boulevard.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
20 day of ust 1979
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. flolland, Vice Mayor J. Henry NlcCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
tJone
08/20/79
-22-
Council Members Absent:
None
(ITEM 11-H.2) ITEM #14091
Mr. John Hadjikakos appeared regarding his application.
The following appeared in opposition:
Mr. Carl Isbrandsten
tlr. Jimmy Finley
Mrs. Leslynn Martin
On motion by Councilman Riggs, seconded by Councilwoman Oberndorf, City Council
voted to uphold the recommendations of the Planning Commission and the City Manager
and APPROVE the following Ordinance upon application of John Hadjikakos for a
Conditional Use Permit to operate a bicycle rental:
ORDINANCE UPOrl APPLICATlOr4 OF JOHN HADJIKAKOS R0879261
FOR A CONDIT10f@AL USE PER11IT for a bicycle
rental
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of John Hadjikakos for a Conditional Use Permit to
operate a bicycle rental on certain property located n the East stde o-f Atlantic
Avenue, 70 feet North of Laskin Road on property of the Ocean Ranch Motel. Said
parcel contains 1.4 acres. 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 Ordinance pertaining to @icycle Rental Establishments.
2. The existence of 21 or more dwelling or lodging units within
the hotel/motel facility.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
20 day of st 1979
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara ti.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald 11. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
tJone
08/20/79
-2 3-
Council Members Absent:
None
(ITEM II-H.3) ITEM #14092
Mr. Harry 11. Pitts appeared regarding his application
On motion by Councilman Flolland, seconded by Councilman Baum, City Council voted
to uphold the recommendations of the Planning Commission and City Manager and
APPROVE the following Ordinance upon application of Harry 11. and Penny R. Pitts
for a Conditional Use Permit for an automatic carwash:
ORDINANCE UPON APPLICATION OF HARRY H. AND PENrlY R0879262
R. PITTS FOR A CONDITIONAL USE PERMIT FOR an
automatic carwash
BE IT ORDAINED BY THE COUNCIL OF T[iE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Harry [I. and Penny R. Pitts for a Conditional Use Permit
for an automatic carwash on certain property located on the South side of Shore Drive
beginning at a point 150 feet East of Greenwell Road, running a distance of 178.60
feet along the South side of Shore Drive, running a distance of 150 feet along the
Eastern property line, running a distance of 178.60 feet along the Southern property
line and running a distance of 150 feet along the Western property line. Said parcel
contains .61 acre. Bayside Borough.
Approval is subjec'L to the following conditions in conjunction with the intended
use of the land:
1. Standard inprovements as required by the Site Plan Ordinance.
2. No water shall be Dermitted to fall upon or drain across public
streets or sidewalks or adjacent properties.
3. The recycling of water in accordance with the City Code.
4. Parking at a ratio of 3 spaces for each car wash space within
the facility
5. A 10-foot setback and screening hedge along the rear of this
property.
6. Right-of-way improvements will be necessary along Shore Drive;
this includes pavenent widening, curb and gutter, sidewalk, and
drainage facilities.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
0 day of ust 1979
Voting: 11-0
08/20/79
-24-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Menbers Absent:
@lone
(ITEM 11-H.4) ITEM #14093
Plr. Grover C. Wright, Jr., Attorney, represented the applicant
The following appeared in opposition:
1@Irs. Janis Kitchen - 315 26th Street, and a member of the Old Beach
Association
Mrs. Nancy Parker -resident on 23rd Street
Mr. W. H. Kitchen -315 26th Street, and menber of Old Beach Association
Mrs. Loraine Hinnent - resident in Virginia Beach Borough for 41 years,
and owns four (4) apartment buildings
After considerable discussion, Councilman Riggs made a motion, seconded by
Councilwoman Henley, to DENY the following application of the General liospital
of Virginia Beach for a Ch on from A-1
Apartment District to B-T
Voting: 5-5
Council Members Voting Aye: (for denial)
F. Reid Ervin, Barbara M. fienley, Donald 14. Merrick, Meyera
E. Oberndorf, and Roger L. Riggs
Council Members Voting Nay: (against denial)
John A. Baum, George R. Ferrell, Clarence A. Holland, Vice
Mayor J. Henry rIcCoy, Jr., and J. Curtis Payne
Council Menbers Abstaining:
Mayor Patrick L. Standing
Council Members Absent:
None 08/20/79
-25-
DUE TO A TIE VOTE TIIE MOTION FAILED FOR LACK OF MAJORITY
ITEM #14093(a)
On motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council
voted to REFER BACII, TO THE PLARINING COMMISSION the application of the General
Hospital of Virginia Beach for a Change of Zoning District Classification from
A-1 Apartrnent District to B-4 Resort-Commercia'. District.
Ordinance upon application of General Hospital of Virginia Beach for a e of
of Zoning District Classification from A-1 Apartment District to B-4 Resort-Commercial
District on certain property located at the Northeast intersection of 25th Street and
Arctic Avenue, running a distance of 360 feet along the North side of 25th Street,
running a distance of 140 feet along the Eastern property line, running a distance
of 360 feet along the Ilorthern property line, and running a distance of 140 feet along
the East side of Arctic Avenue. Said parcel contains 1.2 acres. Virginia Beach
Borough
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, rleyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs
Council Members Voting Nay:
None
Council Members Abstaining
Mayor Patrick L. Standing
Council Members Absent:
None
City Council requested the City Clerk to notify Mr. W. H. Kitchen when this
matter is to be presented in the Planning Comriission.
08/20/79
-26-
(ITEM II-H.5) ITEM #14094
Mr. t4illiam E. Egan appeared regarding his application.
Councilman Ferrell made a,motion, seconded by Councilman Merrick, to DEFER FOR
30 DAYS the application of OCTO, Incorporated, T/A Dunes Motor Inn for a Con-
ditional Use Permit to operate a bicycle rental, due to the improper pos @ng
of the sign. (Will be heard before Council on October 1, 1979).
Councilman Payne offered a SUBSTITUTE MOTION, seconded by Councilman Baum, to hear
the application of OCTO, Incorporated, T/A Dunes Motor Inn for a Conditional Use
Permit to operate a bicycle rental.
Voting: 3-8
Council Members Voting Aye: (for substitute motion)
John A. Baum, and J. Curtis Payne, Mayor Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence
A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. tlerrick
Me,Yera E. Oberndorf, Roger L. Riggs,
Council Members Absent:
None
THE ABOVE MOTION TO HEAR TIIE APPLICATION OF OCTO, INCORPORATED, T/A DUNES MOTOR INN
FOR A CONDITIONAL USE PERMIT WAS LOST.
ITEM #14094(a)
CITY COUNCIL VOTED ON THE MAIN MOTION MADE BY COUNCILMAN FERRELL, SECONDED BY
COUNCILMAN MERRICK, TO DEFER FOR 30 DAYS THE APPLICATION OF OCTO, IRICORPORATED,
T/A DUNES MOTOR INN FOR A CONDITIONAL USE PERMIT TO OPERATE A BICYCLE RENTAL.
Voting: 9-2
Council Members Voting Aye: (for deferral)
F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence
A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick
Meyera E. Oberndorf, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
John A. Baum, and J. Curtis Payne
Council Members Absent:
None
08/20/79
-27-
CITY COUNCIL VOTED TO DEFER FOR THIRTY (30) DAYS THE FOLLOIII@IG APPLICATION OF OCTO,
INCORPORATED, T/A DUNES MOTOR IN@N FOR A COTJDITIONAL USE PERMIT TO OPERATE A BICYCLE
RENTAL:
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 Motor Inn. Parcels contain 1.46 acres more or less.
Virginia Beach Borough
Councilman Riggs requested when an application comes before Council and the signs
have not been posted properly to inform Council as to the violation of the sign.
(ITEM II-H.6) ITEM #14095
Mr. V. A. Etheridge, Jr., Attorney, represented the applicant
On motion by Councilman Riggs, seconded by Councilman Payne, City Council voted
to uphold the recommendations of the Planning Conimission and the City Manager
and APPROVE the following Ordinance upon application of Murphy Building Corporation
for a Conditional Use Pernit for two duplexes.
ORDINANCE UPON APPLICATION OF MURPHY BUILDING R0879263
CORPORATION FOR A CONDITIONAL USE PERMIT FOR
two duplexes
BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA,
TIIAT:
Ordinance upon application of Murphy Building Corporation for a Conditional Use
Permit for two duplexes on certain property located at the Southwest intersection
of Parks Avenue and 12th Street, running a distance of 100 feet along the West
side of Parks Avenue, running a distance of 125 feet along the Southern property
line, running a distance of 100 feet along the Western property line and running
a distance of 125 feet along the South side of 12th Street. Said parcel contains
.286 acre. 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.
This Ordinance shall be effective upon date adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
20 __ day of ust 1979
Voting: 11-0
08/20/79
-28-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and tlayor Patrick L. Standing
Council Members Voting Nav:
None
Council Members Absent:
None
(ITEM II-H.7) ITEM #14096
Mr. Grover C. Wright, Jr., Attorney, represented the applicant
Mr. Tom B. Langley, Virginia Beach Erosion Commission, appeared in opposition
On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted
to DEFER 30 DAYS the following Ordinance upon application of Virginia Beach Fishing
Pier, Inc., for a Conditional Use Permit for recreational and amusement facilities
of an outdoor nature (renovation of fishing pier and related facilities), due to the
improper posting of the sign.
Ordinance upon application of Virginia Beach Fishing Pier, Inc., for a Conditional
Use Permit for recreational and amusement facilities of an outdoor nature renovation
of fishing pier and related facilities) on certain property located on the East side
of Atlantic Avenue beginning at a point 92.5 Ileet 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
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. fienry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
08/20/79
-29-
(ITEM II-H.8) ITEM #14097
Mr. Walter J. Pankiewicz appeared for his application.
Mr. Louis Rightmeyer also appeared in favor. Mr. Rightmeyer is an Architect
Mr. Roger tleade also appeared regarding this application.
On motion by Councilman rlerrick, seconded by Councilman Ferrell, City Council voted
to uphold the reconmendations of the Planning Commission and the City Manager and
APPROVE the following Ordinance upon application of Walter J. and Barbara H. Pankiewicz
for a Conditional Use Permit for dune disturbing activity.
ORDINANCE UPON APPLICATION OF LIALTER J. ARID R0879264
BARBARA H. PANKIEWICZ FOR A CONDITIONAL USE
PERMIT for dune disturbing activity.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Walter J. and Barbara H. Pankiewicz for a Conditional
Use Permit for dune disturbing activity on certain property located on the East side
of South Atlantic Avenue beginning at a point 200 feet North of Maryland Avenue, running
a distance of 50 feet along the East side of South Atlantic Avenue, running a distance
of 215 feet along the r4orthern property line, running a distance of 50 feet along the
Eastern property line and running a distance of 215 feet along the Southern property
line. Said parcel contains .246 acre. 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. Class II-B well and septic tank.
3. The elimination of the "wall" feature on the seaward side of
the dwelling.
4. The developer is to rebuild the dune at the rear of the deck
and replace the dune grass to stabilize it.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
20 _ day of t 1979
Voting: 9-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Menbers Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
08/20/79
-30-
Council Members Absent:
None
(ITEM II-H.9) ITEM #14098
Mr. Oliver Joyner appeared in favor of the application
On motion by Councilman Riggs, seconded by Councilman Baum, City Council voted to
uphold the recorimendations of the Planning Commission and the City Manager and
APPROVE the following Ordinance upon application of MOCA Investments for a Conditional
Use Permit for a duplex:
ORDINANCE UPON APPLICATION OF MOCA INVESTMENTS FOR R0879265
a duplex
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of MOCA Investments for a Conditional Use Permit for
a duplex on certain property located on the South side of 13th Street beginning
at a point 350 feet West of Parks Avenue, running a distance of 50 feet along
the South side of 13th Street, running a distance of 140 feet along the Western
property line, running a distance of 50 feet along the Southern property line
and running a distance of 140 feet along the Eastern property line. Said parcel
contains .16 acre. 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.
3. Right-of-Way improvements along 13th Street will be required
as shown on the approved plan for 12th and 13th Streets.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
20 day of ust 1979
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
08/20/79
Playor Patrick L. Standing 08/20/79
-31-
Council Members Absent:
None
(ITEM II-H.10) ITEM #14099
Although the sign was improperly posted due to the fact that the time
on the sign was incorrect, Councilman Merrick made a motion, seconded by
Mayor Standing, to hear the request of Mrs. Margaret T. Bass for a Subdivision
Variance.
Voting: 8-3
Council Members Voting Aye: (for hearing)
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence
A. Holland, Donald W. Merrick, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell, Vice Mayor J. Henry McCoy, Jr., and
Meyera E. Oberndorf
Council Members Absent:
None
City Council voted to HEAR the application of Mrs. Margaret T. Bass for a
Subdivision Variance.
COUNCILMAN FERRELL LEFT CHAMBERS
Mr. Robert E. Ruloff, Attorney, represented the applicant
Mr. Jim Kaiser, North Virginia Beach Civic League, appeared in favor
On motion by Councilman Baum, seconded by Councilman Ilerrick, City Council voted
to uphold the recommendations of the Planning Commission and the City r4anager and
APPROVE the following request of Mrs. Margaret T. Bass for a variance to Section
4.4(b) of the Subdivision Ordinance, which requires lot dimensions to conform to
the Comprehensive @loning Ordinance.
Subdivision Variance: Appeal-from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision for Margaret T. Bass.
Property located at the Northeast intersection of Atlantic Avenue and 87th Street.
Approval is subject to the following conditions in conjunction with the intended
use of the land:
1. Off-street parking is to be provided in Parcel A.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. lienley, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing 08/20/79
08/20/79
-32-
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
(ITEM II-I.I.a) ITEM #14100 ORDIrlAt4CES-FIRST READING
COUt4CILMAN t]OLLArID LEFT CHAMBERS
On motion by Councilman Ervin, seconded by Councilman Merrick, City Council voted
to APPROVE on FIRST READING the following Ordinance to amend Sections 29-11 and
37-30 of the Code of the City of Virginia Beach relating to sewer and water line
fee exemptions for certain elderly and handicapped persons:
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell, and Clarence A. liolland
08/20/79
-33-
!IY: Cl l'Y
AN Of"l)INA4(@F, l'O SI,@C'FlOi@S 29-11
ANI) 37-30 Of,' COf)) ' 01- TIIE (,Try oT.-'
VII@GINI@% ItEf,A'I'INC'l '1'0 l@ND
WA'I'I,'R IIINI@ l"I"L ExL,.@ip,rIONS FOIZ Cl-'It'I'Al@N
EI,DERLY ANI) ITANDICAPIIEI) PE]"SONS
BE IT OIZDAINED BY TIIE COUNCII., 01-'FHE CI'FY OF VIRGIN@'IA BEACII, VlltGINTIA:
That certairi portions of tlie above-mcntioned sectioiis of the Code of tlie City
of Ilirginia Beach are amended as follows:
Section 29-11. Sc%v-cr line fee excinptioiiq-For certaiii elderly 11,111
handicapped I)ersoiis
(b) Exernptions sliall be grtinted st@bject to tlie following provisiofis:
(1) Titlc to tlie property for @vhicli the linc fee cxeiription is sought
must be lield or partially lield by the applicant at least or@(,,
litin(ired t@venty ditys prior to tlie installation or scilcdliled date of
installal ion, @@hichcvcr comes fir@t, of the se@,jer line.
(2) 7lic o@,iii(@r of the title or partial title is gixty-fivc years of 8.,0 or
older at leist one Iiiiiidreci and twcrity days prior to ti@,e
installation or sclicdi.iled iiistallation date, wl)icllever cornc,@s first,
of tlie sewer line. Tf stieii persoii i,,3 tin(Ic,.r sixtv-five (,,)5) v@,irq o'
age,, II(', or slinll ,t cortificgtion llv tlie
Adniiiii,;trfttion, tli(-, Vet(,i,,in's A(imitii,-,trition, or the Rnil.P()tl(j
Retirein(-,tit Poard, or if @sti(@h person is not for
c@itioii t)y Inv of th@,c ,a s%,jorn t',ffidivit bv t7,,,o
doctoi,s to p@,,ictice ill tlic,, (-OlIMOII-
wealtli to th(, thnt iic!li ".@ori 17 @erinineritl,@ @ill(I
(]!,,3able,(I, ,iq (lefi@ncd in sti!),@@c,,tion (!@). Tlic ,iffi@,ivit of ;it
oilo, of sll(!I) (lootors s!i@ill Ll')Otl @i
qtl(!hj2 T, n I)V or oii(,, nf s@,ioli
of tll(, Civil i,, r(,]@,v,,ii)l to
fol, iil(l tot@il
TO C s
r
-34-
du f iii @ (i iti ;o@) sliiII fil('(]
witl) tlic,, @t 0, Iiiic,.
fee (,,xein@)tioii
(4) Th4it tlic total cotnbine(i inecryie during tl)e irnmediitely pre-
codii)[,, cal(,ndar vetir from ill sources of the owners of thr-,
dwellitig liviii@ tliei,(,iii and of tlie owner's relatives liviii.@ in the
dwclliiig does not cxcecd ei@llit thotisiti(i five lilindre,(i d(,@ll.,it,s,
provid--(l tliat th(,, first two th,),!s@ind (Iollirs of income of each
relative, other th,'Iii spouse, of t,@ic o@vner, or owners, who is living
in the dwelliiig shall not be ijiclucled in stiell total.
(5) The net combiiied fin,,incial ivortli of tlie owner sliall not exceed
thirty-fivo tlio@,is,,iiid dollars, exc,,Itidin,r tlie fair market valtic of
the house to be connecte(i to tlie sewer line. Net conit)lneci
fin,,iiicial wortli sliall iticlude th(., val@ic of au assets, incILidirl,
intcr(,sts, cf tlic o@%,ner tiid of tlie @potise of tlie ol,,,Iler.
(c) Ttie persons ipplyiiig for linc fc!e exemp'Lion miist file witli the
adininistrator a line fc!(,, exemptioti affidavit L@ttin.@ fortli, i,'l a
maiiner prcscribed by tlie ad;ninistrator, tlie locatioii and val(lo of th(,,
propoi,ty to bc, connected to tlic line, the narnes of the persons related
to tlie owner and ocetipyiii, tlic (Iwclling, their ross coi-nbillod incoir@e
and tlicir nc-t coii)bined financial viorth. If sticl) apr)licfint is tindc,,r
sixty-five ve,,irs of O,e, ine,(Iict-11 certific,,itioti or iffidavit@ @F; set
fortli in si!t)sc,,ctioii (b) (2) '311"Ill b(, filc,,c] tl)e idmini@triit(7,r.
(d) lvhere t@'le pei,sori claiiniii., conforms to the stlindar(is ind
doc,,s ilot C,,@eced th(-@ Iiiiiitations iii thi,; sectioll, tlie line fee
excinption sti@ill ')e@ @is sl)o,@-,,n (@n tlic@ follo%viii@- sell(,Clkllo:
Total Inco!ii(,.
All
$ 0 0 . 0 O' - f) P, 0 0 100,Yl
o o i -c, j!
C) 0
0 0f;@) 4
7 2 O,,,"
-35-
(g) ],'or pijrposc,,@; of tliis 'l pcr,@,)it i,,; pc@,rm@iil(,,Tltlv tiiicl tk)t,lilllv
dis,,ibled if ti(,, is ,,o cortifl:rd iis reqtlirq(i iri (b) 01' ti,i,,
sectioti and i,,,, fotind bv tll(,, local offici@il iiiider stil)socti,,,n
(c) to be tincit)lc to iii ,inv stit)F;t,ntial rtainftil ,ictivitv I)v re@i@,r)n
of QI)Y modi@011\' dctermitilbl (ir metitil impnirmcnt or
deforinitv 1/2%,Yii(,.h cfiri I)e exi)(,.cted to restilt in (le,,ith or cati he
expected to 1,@.,3t for t!10 d(II'lltiOll Of 3L)CII )crson,, life.
Section 37-30. l@later line fec excinptions-For certain elderly pnd
handlep.p,,)cd persons
(b) (2) The owner of tlie title or partial title is sixty-five years of ag(- or
older at le.,ist one huiidrcd aiid twenty days prior to tlie
installation or schcdtilcd date of installation, %viiicliever colnes
first, of tlic @-@ater line. If slicli person is tindc,,r sixtv-five vea,-s
of ,e, lie (,r she, sliall r)ossess @l certificatiori bv the Soci,-,l
Se livitv@c r, ill ,;tr,,ition, tli(, Vet@,t,,in's AdiiiiTii,,3tration, or t!@e
Railroa(l 11(@tivein(,,iit ol, if stich pcrson is not cliiblc for
cei,tifiCRtiOTI I)V al)v of i sworii ,)v t@-,,o
(2) me(lical doctors to practi(?e rri(,dicine in tlie
common%,:oalth, to the (,ffect tllgt SLICII r)epson i,,; Dern8iientlv
and totally di,;abled, gs (lefined in qtit),@ction (-7,). I'lie affid.,ivit
of at ]e.,ist o@ic of stioli (ioctors sli,@ll ')(,. b@ised Llpon i r,)hvsicol
exatniiiatioii of stilli rson I)v sucli doctor. The affidlvit of onc-
of su(,-h O@octors iti@iv b(,, t)a,,@@ci tip(-)n medical iifoi,mation (@011-
tnitied iii t@ie recorcl,.s of tlic (@ivil S(,rvice C'ommiqsion io
r(,I(-,,v(,iiit to tli(,, foi, i)(,rrii@ill(,nt @ind
d@,al@)ilitv tis (1cfiiio,(l iii Stic-li nic,.(Iic@il ,iffid.,ivits
slinll t)(! fil (I wit!] tile @it ti!lle t!l(,.
fiL-,,4 Zi L@TIL' f@'('
-36-
(4) Tl,,@it tlic totil cof)ibiiied ;ii(--oine tl)e ininic(li4it(.,Iy p,c-
c,,(Iin" cqlc,,n(l@"r y(@ar frot,l qll source,; of tlic owncrs of th(,,
dwclliiig liviiif,, tliet,ein aiid of tli(,- own(,,i@'s rel,,itives living iii tlic
d%,;elling do(.,.s not exceed (,if@I)t five dollar,,;,
provi(led tliat ttic first t@,:o tlioti,.;,ind dollars of inconie of Cieh
relative, oth(,,r tlian spotise, (,f tlic owner, or owners, who is living
in the dwelliii,,, sliall not be iiieluded iii @ur@h total.
(5) The not coinbincd financial v@orth of tlie owner shall not exceed
thirty-five thous@,ind dollai-s, excludin., tlie fair mar'<Ct valtie of
the house to be connected to tlie w@,iter line. Net coinbiiied
fiiiancial wortli sh,,ill include tlie valtie of all assets, inclu(iiii.,
equit,@iblc interests, of tlic o@,;ner and of tlie spouse of the owlier.
(c) The per,@ons @ipplviiig for line, foc excinptioll must file with tlie
adiniiiistrator a line fee exemption affidavit, setting forth, iii a
mantior pr@eribr-,d by tl)c administrator, tlie location and vtilue of the
property to be corin--cllcd to the liric, tlie names of the persons relited
to the oviner and occi,invi!)g tlie d@vellinv, their ross coinbined income
aiid tlieir not coi-nt)iiicd finatici,,il Nvoi-th. If stich apT)Iicant is tiii(lor
sixty-fi%,c (@')5) of certifi(?7@.tion or @iffioavits IF, S-t
foi,tli iri slif)section (b) (2) ;Iigll il") be filcd @@,,ith t@ie a(ir@niiiiFtrator.
(d) IVIiere tlic persori claiiiiiiig excinption confot,j,ls to tlie standards and
does not exceed tlie lirnit,,itiolis colitaiiied in tliis scction, tho Iiii,- fee
exeiiiptioii sliall be as s!lown on tlie followiril,7 schodule:
Totil IncorTie,
A I I S o-t, i r-c c ;. Exetnr)tion
00. 0 0 - @3,500.00 10001.
-31,.51)1-. 0-0 -
5 , 0 0 1 . 0 f)- (i 0 0 6096
@)f) 4 0
0 0 2 0 ",b
-37-
For o'
(2) of tli;@
sectiol) @iiicl i@'; folillcl I)v t!)c lc)cll (,ffici;ll (ic'3i@Til@itcd tln(,@;,
(C) to he to (@n.,@i I(-ti\,ilv b\
of iii)@, ),nc(lic@illv d(Iter-min,,ihl(, phvsi(@,91 ot, m(-titil imt.-.@iirnont or
defoi,in,ty t. ,,,,It in o,- c@in !@e
expect(,c] to ],I-qt f,@r tije. duratioii o@ sticii pcl,,,otlls life.
Adoptc,.d by tlic Couricil Of tlie City of Vir.@iiiia Bcacii, Vir@iflia on the
day of 1979.
FIRST IZEADING: Au st 20 1979
SECO@'D READING:
-38-
(ITEM II-I.2.a) ITEM #14101 SECOND READINGS
COUNCILMAN FERRELL RETURNED TO CtiAMBERS
On motion by Councilman Ferrell, seconded by Councilman Riggs, City Council voted
to APPROVE on SECOND READING the following Ordinance to appropriate $41,000 from
the General Fund Balance to purchase land at Seatack for a Community Center and
to pay for a title search on this property.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, rlayor Patrick L. Standing
Council tlembers Voting Nay:
None
Council Members Absent:
Clarence A. Holland
08/20/79
-39-
TO APPROPRIATE $41,000 FROM THE GENERAI,
FUND BALANCE TO PURC @ E LAND AT SEATACK
FOR A COMMUNITY CENTER
WHEREAS, the citizens of Seatack are desirous of having a
Community Center located near their neighborhood, and
WHEREAS, a parcel of land 210' wide and 708' deep consisting
of more than three acres situated on South Birdneck Road has been
offered for sale at $11,000 per acre, and
WHEREAS, this site is located between two parcels of land
recently purchased from the Mundy and Potter families, respectively
and is considered suitable for the location of the Seatack lommunity
Center
!-TOW, THEREFORE BE IT ORDAINED BY THE COUIICIL OF TIIE CITY OF
VIRGIN@'A BEACH that $41,000 be appropriated from the General Fund
Balance to pay for the purchase of the site and the cost of the
title search.
Adopted by the Council of the City of Virginia Beach, Virginia
on this 20 day of August
19- 79
First Reading: August 13, 1979
Second Reading:_ August 20, 1979
APPROVED AS TO CONTENTS
SIGNAT RE
DEPART,MENT
APPROVED AS TO FORTA
ATURE
CITY ATTORN@Y,
-40-
(ITEM II-1.2.2) ITEM #14102
COUNCILMAN HOLLAND RETURNED TO CIIAM5ERS
On motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council
voted to APPROVE on SECOND READING the following Ordinance to accept a Grant
totaling $7,043 frorn the Southeastern Virginia Planning District Commission and
to appropriate these funds:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
lienley, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
tione
08/20/79
-41-
AN ORDINANCE TO ACCEPT A GRANT
TOTALLING $7,043 FROM THE SOUTH-
EASTERN VIRGINIA PLANNING DISTRICT
COMMISSTON AND TO APPROPRIATE
THESE FUNDS
WHERF-AS, the Department of Planning desires to hire a graduate
student as a part-tirne intern, and
WHEREAS, the Southeastern Virginia Planning District Conunission
(SVPDC) has agreed to act as a pass-through for federal funds from the
Department of Housing and Urban Development (HUD) to retain a planning
intern.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BFACH, VIRGINIA:
That the City Manager is hereby authorized to accept the grant for
the City, and funds are hereby appropriated for the following purpose:
Estimated Revenue Local Total
From Other Agencies Match Appropriations
Planning Intern $4_695 $2_348 $7_043
BE IT FURTHER ORDAINED that the appropriations will be financed
by $4,695 estimated revenue from the SVPDC, and a local in-kind match of
$2,348, provided in the form of staff supervision.
FIRST READING: -August 13, 1979
SECOND READING: Auqust 20. 1979
Adopted by the Council of the City of Virginia Beach on the 20
day of August 1979.
08/20/79
-42-
(ITEM II-I.3.a.1) ITEM #14103 FIRST READI@IG-APPROPRIATIONS
COUNCILtIAN MERRICK LEFT COUNCIL CHAMBERS
On motion by Councilnan Payne, seconded by Councilman Ferrell, City Council voted
to APPROVE on FIRST READING the following Ordinance to approve a Clerk position in
the Department of Personnel to be funded from Community Development Block Grant
Funds:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
tleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
flayor Patrick L. Standing
Council Members Voting Nay:
None
Council tlembers Absent:
Donald W. Merrick
08/20/79
-43-
A@@ OlZi)Ll,'All@(@l@] 'i'o Al) iA (:1 ]'!'l o,
IN 'I'lli- 111" O"
Wlil,,'I'l@,'AS, tl)o Ci.ty cf Vii7@,iiiia fc!,icli 1)@p,,irtiTluflt of 1'er.,(,nnc-@l has
un(lertaken aii Affirmative Actioit Prc)gi-aTr@ using eniployees @qho
devote a portioii of their ti.n,.(@ to its i.iiil)lefncn(@atioii, and
WIIF@Rl-,%S, off-Lcials of til,e U. S. I)cl,,,Irtmeiit of ll,)Lising and Urban
Develol)meiit (litil)) re(juire citil,loyment statistical dli@@i relatini, to
individuals who rcside in tal@get neigl)bc)rlloods, @irld
WIIEREAS, tlie city Affirniati.ve Actioii Staff is i)ot suffici.ently
large to mai.ntaiii tlic-. inforiii@ilion reqtiired by ITUD, @iitd
WIIEIZI-,AS, fui@ds have beon provided I)y IIUD in thc,. Community
Developmeiit Block Grant Ilro@,r@ita (CDBG) for thiq liurlc)se,
N014, I'H],"REFOI@ii Bl@' IT ORDAFT@ED BY Till,,' COITNICIL, OF TTIE CITY OF
VIRGINI-A BEACII, VII'GINIA tlial oi-,e positi(,n I)c addecl Lo tlie Testing
and Selection di-vj,,-,ioii of tlie DepartinenL of Persoiiric@l in orcler to
accuTreilate data re,liiired by lItTD to be paid f].-ola Cr,)I'.G fLtii(Is for tlie
duration of tlie grant with tlie class of tlic e-mploye(,. to be deter-niined
by tlie C'lt:y @larLa@,,(-r.
Adopted by tlic Council of the City of Virgiiiia Bcacli, Virgiiiia
on tlie day of _ 1 19
First Reiding;__ August 20, 1979
Second Readin,.,:
-44-
(ITEM II-I.3.a.2) ITEPI #14104
On motion by Councilman Ferrell, seconded by Councilman liolland, City Council
voted to APPROVE on FIRST READING the following Ordinance to transfer appropriations
within the @,lental Retardation/Developmental Disabilities Budget:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Flenley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
08/20/79
-45-
AN 01@I)T@@A.NICI: ']'O
ill]'FITIIII
WHI,'RL@AS, tlie Virginia Beacli City Council approved an appropri,,tion
of $144,281 for Administrition/Residc!ilti@il Services in the Fiscal Year
1979-80 @lental Retardation/Devclopmental Disabilities Budget, and
I;HEREAS, tile State Departmeiit of Meiital llealth ancl Mental Retardation
reCOTI-Mend, a separation of certai.n programs for funding purposes.
N014, TIIEREFORE, BE IT ORDAII.,ED BY THE COUNCIL OF THE CITY OF
VIRGINIA Bl-:ACH, VIRGINIA:
That the City @lan@igc@r is horeby authorized to transfer appropriations
witllin the @lental Rc,.tardation/Develop,,iieiital Disabilities Budget, as fol.lo%qs:
Approved Revised
Bud - Budget
Adniini,;trati.on/Residenti,il Servicos $14/@,281 $ -o-
MR/DD Adini.iiistrati.on -0- 74,970
Residential Servicc,s 69,311
FIRST READING: August 20, 1979
SECON'D READING:
Adopted by the Council of the City of Virginia Beacli on the
day of 1979.
08/20/79
-46-
On motion by Councilman Ferrell, secorided by Councilman R' CitY Council voted
to DISPENSE with the Council Meeting of September 3, 1979'g9
(Labor Day). as it is a Legal Flolid,y
Voting: lo-O
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. fienley, Clarence A. Holland, Vice Mayor J. enry
mcc ii
oy, Jr., Meyera E Oberndorf, J. Curtis Payne, Roger
L. Riggs, and Mayor 'Patrick L. Standing
Council tlembers Voting Nay:
None
Council tlembers Absent:
Donald W. Merrick
ITEM #14106
Councilwoman Oberndorf informed Council th@t two (2) gentlemen called her regarding
the EUROPEAN HEALTH SPA permittin
gentlemen found this verv embarre 9 the IOCKer room, showers, etc., to be coed. The
this ssing and requested Councilwoman Oberndorf to bring
tO Council's attention.
The city Manager indicated he wou d inves
Council. I tigate the matter and report back t,
08/20/79
-46-
(ITEM II-K.]) ITEM #14105 NEW BTISINESS
On motion by Councilman Ferrell, seconded by Councilman Riggs, City Council voted
to DISPENSE with the Council Meeting of September 3, 1979, as it is a Legal lioliday
(Labor Day).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. lienley, Clarence A. Holland, Vice Mayor J. @lenry
McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
ITE@l #14106
Councilwoman Oberndorf informed Council that two (2) gentlemen called her regarding
the EUROPEAN HEALTH SPA permitting the locker room, showers, etc., to be coed. The
gentlemen found this very embarressing and requested Councilwoman Oberndorf to bring
this to Council's attention.
The City Manager indicated he would investigate the matter and report back to
Council .
08/20/79
!TEM #14111
On motion b Councilman Baum seconded b Councilma i s and b ACCLAMATION