HomeMy WebLinkAboutJULY 2, 1979
OTY OF VIRGINII BEICE
MUNICIPAL CENTER
,,Qv.ttxs f.@9-f VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g, CLARENCE A. HOI.LAND, M.D., B.y@id@ B.,@.gh
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,,ill, B.,@@gh DONALD W. MERRICK, Ly@@b..@@ B@,@.gb
JOHN A. BAUM, BI.,k..I., B.,@.gb MEYERA E. OBERNDORF, Al L.,g@
F. REID ERVIN, A, L.,g, 1. CURTIS PAYNE, P,i@,@@, A.@@ B.,@.gb
GEORGE R. FERRELL, Al L.,g, ROGER L. RIGGS, Vigi@i. B@.,b B.,@.gb
BARBARA M. HENLEY, P,@g. B.,..gh RUTH HODGES SMITH, City Cl@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: Monday, ? July 1979 - 11:00 a.m.
A. CALL TO ORDER - MAYOR PATRICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Briefing on Comprehensive Plan
ITEM II FORMAL SESSION: Monday, 2 July 1979 - 2:00 p.m.
A. INVOCATION - Reverend Fletcher Hutchinson
Bayside Presbyterian Church
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of 25 June 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 these items. If discussion is desired, that
item will be removed from the Consent Agenda and considered
separately.
1. Letter from the City Manager recommending that City
Council approve the ordinance to amend and reordain
Article XVI, Sections 2-134 and 2-135, of the Code
of the City of Virginia Beach relating to the
Department of Economic Development.
2. Letter from the City Manager recommending that City
Council approve the ordinance to amend and reordain
Section 31-15 (e) of the Code of the City of Virginia
Beach pertaining to land disturbing activities.
3. Letter from the City Manager recommending that City
Council approve the tax refunds in the amount of
$1,504.62 as requested by John Atkinson, City
Treasurer.
ITEM II H. PLANNING ITEMS
1. Resolutions
a. Letter from the City Manager recommending that
City Council approve the kesolution authorizing
the City Manager to proceed to reinvest property
to Mrs. Anne Blair which was dedicated for the
Old Donation Parkway Project.
2. Ordinances
a. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
approval of the application of Virginia State
Shopping Plazas, Inc., for the ordinance to
close a portion of Columbus Street in the
Bayside Borough (Deferred for one week June
2 5 , 1 9 79 .
1. ORDINANCES
1. In General
a. Letter from the City Manager recommending that
City Council approve the ordinance ratifying
assessments against abutting landowners for the
improvement and paving of Spot Lane, Princess
Anne Borough, City of Virginia Beach.
b. Letter from the City Manager recommending that
City Council approve the ordinance authorizing
the acquisition of property in fee simple for
the Chesapeake Beach Protection Project, either
by agreement or by condemnation;
and to encumber the necessary funds for said
acquisition of land or interest in said land for
the Chesapeake Beach Protection Project.
2. Second Readings
a. City Council is requested to approve on second
reading the ordinance to provide third year
funding, in the amount of $27,214, for the con-
tinuing education in Mental Health and Aging
Grant.
b@ City Council is requested to approve on second
reading the ordinance to accept $106,000 from
the Department of Housing and Urban Development
and to appropriate these funds for the Adminis-
tration (Fourth Program Year.)
c. City Council is requested to approve on second
reading the ordinance to accept funds totalling
$22,204 from the Department of Housing and Urban
Development;
and, to appropriate these funds.
ITLM II I. ORDINANCES
3. Appropriations
a. First Readings
1. Letter from the City Manager recommending
that City Council approve the ordinance
to appropriate $7,070 in the Lynnhaven
Sanitary Debt fund for transfer to the
General Fund.
b. Bids - none
c. Grants
1. Letter from the City Manager recommending
that City Council approve the ordinance
to accept a grant totalling $816,906 from
the Commission of Outdoor Recreation;
and, to appropriate these funds.
4. Code Amendments
a. Letter from the City Manager recommending that
City Council approve the ordinance to amend
Section 22-151 of the Code of the City of
Virginia Beach pertaining to parking meters.
J. Old Business
1. Appointments to Boards and Commissions.
K. NEW BUSINESS - none
L. ADJOURNMENT
1. Motion to adjourn
Minutes of the Honorable Cit), Council
OF THE
CITY OF VIRGINIA BEACH, VIRCINIA
July 2, 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, July 2, 1979, at 11:00 a.m.
Council Members Present:
John A. Baurn, George R. Ferrell, Barbara M. Henley
Clarence A. Holland, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Patrick L. Standing
Council Members Absent:
F. Reid Ervin, and Vice Mayor J. Henry McCoy, Jr.
ITEM #13912
Mayor Standing entertained a motion to permit Council to conduct an INFOR@IAL
SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing
the following:
1. Discussion or consideration of employrnent, 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 purposes, or other disposition
of publicly held property. (Acquisition, use or disposition of
publicly held property)
3. Consultation with legal counsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential litigation,
or other legal matters within the jurisdictio.'l of the public body.
(Legal Matters)
On motion by Councilman Ferrell, seconded by Councilman Riggs, City Council voted
to proceed into EXECUTIVE SESSION following the INFORMAL SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence
A. Holland, Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
F. Reid Ervin, and Vice Mayor J. Henry McCoy, Jr.
2 -
COMPREHENSIVE LAND USE PLAN ITEti @'13913
The City Manager introdt@ced Mr. Robert J. Scott, Planning Director, who briefed
Council on the Comprehensive Plan.
Mr. Scott indicated that, when adopted, The Cornprehensive Plan will replace the
seven (7) area Development Plans adopted by the City Council in 1972 and presently
in effect. The purpose of the Comprehensive Plan is to serve as a guide whereby
decision-,,nakers can make sure that daily decisions on the physical growth of the
City are focused toward achieving coordinated, pre-determined goals for the @lommunity.
The Comprehensive Plan is an official document formally adopted by the City
Council. Section 15.1 of the State Code deals with the Comprehensive Plan and
establishes a number of very important points:
1. Every local governing bodv must have a Comprehensive
Plan adopted by July 1, 1980.
2. The Plan is to be prepared by the Planning Commission
for presentation to the City Council.
3. The Plan is to be general in nature.
4. The Comprehensive Plan must be based on careful study
and survey. In May, 1978, such a survey entitled "A
Study of Existing Conditions and Trends" was completed
and is incorporated as an element of the Comprehensive
Plan.
5. The Comprehensive Plan is to be reviewed at least once
every five (5) years to determine whethet- updating is
necessary.
The Comprehensive Plan includes the following five (5) important parts:
1. t@in nditions and Trends in Growth,
as mentioned above. This includes a survey and study
of such matters as the use of land, characteristics
and conditions of existing development, trends of growth
or changes, natural resources, population factors,
employment and economic factors, existing public facilities,
drainage, flood control, transportation, and other similar
topics.
2. A description of the.-a ach
The Comprehensive Plan recognizes Virginia Beach as a rapidly
growing municipality subject to Virginia State law. The key
points to the approach best suited to this situation are
spelled out, as well as the series of assumptions which are
made in dealing with this situation.
3. A series of_community goals and policies related to land use
for the City. The Comprehensive Plan is predicated on the
achievement of a series of goals for the City, and the reliance
on a set of policies designed to achieve each goal.
4. Th entation o a general future land use r)lan for the
City. This is done through a series of study area profiles
and a graphic representation of the growth strategies set
forth in the profile.
5. Implementation of the Plan. The general future land use
plan is the most important element of the implementation
strategy, but it is not the only element. This section
presents a detailed explanation of how a series of tools,
both presently available and yet to be developed, can be
applied to bring about the desired end result in the form
of achievement of the City's goals.
0 7 0 2 7 9
- 3 -
The Bavfront Stud.y Area is located in the northernmost portion of the City. It
is boun e generally on the north by the Chesapeake Bay; on the east by Seashore
State Park; on the south by Long Creek Canal and First Court Road; and on the
west by the City of Norfolk.
The Bayfront Study Area represents a diverse mixture of land uses bisected by a
major transportation corridor (Shore Drive). Along this corridor are located a
variety of commercial uses. These uses tend to be marine-oriented due to the
proximity of Lynnhaven Inlet and Chesapeake Bay. Residential areas of varying
density occupy the remaining developed portion of the Study Area. These are
established residential neighborhoods both north and south of Shore Drive.
A moderate rate of development has occurred in the Bayfront Study Area, but the
growth rate has begun to slow down in the last few years. Residential develop-
ment since 1975 has been in the higher density zoning categories. Resort oriented
development has also taken place and is expected to continue along Shore Drive.
The Pleasure House Road area is exhibiting a trend toward higher density residential
development.
Future land use decisions must be made according to the relationship to existing
conditions and trends in Bayfront. In general, the following should serve as a
guide to growth management in the study area:
A. Residential Development - the character and integrity of existing
esidential areas should be maintained. The numerous established
residential subdivisions in the area should be protected from
encroachment by incornpatible uses. The trend along Pleasure House
Road has been one of increasing residential density. This trend
does not appear to conflict with surrounding residential areas and
should be allowed to continue. The lower densities alonq Lake
Bradford and Chubb Lake, however, should be maintained. This area
can accommodate an average density of approximately 18 units per
acre, excluding those areas abutting Lake Bradford and Chubb Lake,
provided that the Master Street and Highway Plan be amended to
indicate a 66-foot right-of-way along Pleasure House Road to
accomrnodate an eventual four-lane undivided road.
B. Commercial Developrnent - in the study area is located primarily
along Shore Drive. This area should be encouraged to infill
rather than expand into areas which are residential. The large
amount of vacant acreage (approximately 40 acres) east of Great
Neck Road is currently zoned B-2 and is adequate to accommodate
future commercial needs for the study area.
C. Flood Plain Manaqement - t@e 100 year flood plain is extensive
in this study area. The coastal shoreline of the Chesapeake Bay
is particularly vunerable to severe seasonal storms. This area
is also of special environmental value. It is, therefore,
recommended that development in undeveloped coastal areas be
minimized and that development which is allowed be consistent
with the conservation of coastal resources..
D. Industrial Development - exce.r)t for the land west of Little Creek,
and adjacent to the City of Norfolk, there is no industrial activity
within the study area. All vacant land is in zoning categories other
than industrial. It is recommended that no action be taken during the
planning period to provide for industrial location in Bayfront.
0 7 / 0 2 / 7 9
- 4-
ide Study Area is located in the northwest portion of the City. It is
e north by the Navy Amphibious Base and First Court Road;
on the east by the Western Branch of the Lynnhaven River and Thalia Creek; on the
south b@l the Virginia Beach-Norfolk Toll Road; and on the west by the City of
Norfolk.
The Ba,/side Study Area is diverse in physical character and land use. Most of
the land area is alread.y developed, and includes large centers of single family
and multi-family residential development, and large commercial areas. Current
zoning encourages increased diversitv.
Bayside has maintained a moderate rate of growth since 1975. This has helped
insure area and neighborhood stability and integrity. Residential development
has not been centered in any one geoiraphic location, nor has it been limited
to any particular zoning cetegory. Instead, development has been diverse and
located throughout Bayside, thereby avoiding major adverse impacts for the
Study Area.
The Bayside Study Area has a number of existing transporation-related inadequacies
which should be treated immediately. The following actions should be given high
priority for CIP funding over the next few years:
1. Widening of Witchduck Road to four lanes;
2. Widening of Northampton Boulevard west of
Diamond springs Road to six lanes;
3. Extension of Wesleyan Drive to the east to
tie directly into Newtown Road;
4. Widening of Virginia Beach Boulevard to eight
lanes ;
5. Widening of Pleasure House Road to four lanes
from Shore Drive to Independence Boulevard.
Future land uses must be developed according to their relationships to, among
other, these CIP projects. In general, the following should serve as a guide
to future land use patterns in the Bayside Study Area.
A. Industrial Development - there are presently two main pockets
0 development, to which industrial ex-
pansion should be confined in the future. The Euclid area
north of the Toll Road and east of Witchduck Road is the first
area, and includes a mixture of office and industrial use.
There is ample room for expansion of this area along the future
extension of Cleveland Street to the west of Witchduck Road.
The second area is the Airport Industrial Park west of Diamond
Springs Road, which also includes a mixture of office use.
B. Residential Development - because of the presently low rate of
growth udy Area and because the road system,
with some basic impro)ements, is capable of handling greater
impact, there are areas where greater residential densities can
be supported.
There are undeveloped areas which in general should not be
considered for density higher than allowed by existing zoning
unless specific circumstances dictate, for a number of reasons:
1. Large areas in the Witchduck Point area, for reasons of
neighborhood compatibility;
2. The Ba,,ville Farms area, which is presently in agricultural
use;
3. Areas along the Inde'nendence Boulevard corridor, because of
the traffic levels on this route.
07/02/79
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C. Commercial Development - is presently centered in three main
par s of this Study Area. The first is the region-oriented
Pembroke area, where existing commercial and office develop-
ment is bordered by vacant commercial zoning on the south and
west which will allow for appropriate expansion. Expansion
beyond the confines of existino commercial zoning should be
discouraged, since this would @ause infringement into existing
residential areas. The second is the more locally oriented
commercial development along Independence Boulevard, especially
at centers near Witchduck Road and Haygood Road. The Shore
Drive area has little potential for future comnercial develop-
ment beyond what is provided by existing zonings.
D. Flood Plain Mana ent - current zoning in the 100-year flood
plain is considered not incompatible with environmental and
public safety concerns. Therefore, the current low-density
zoning should be maintained.
In order to support the level of development proposed, the Master Street and
Highway Plan should be amended as follows:
Wesleyan Drive and its proposed extension should be increased
to a 110-foot right-of-way instead of a 90-foot right-of-way.
The proposed interchange at the intersection with Diamond
Springs Road should be removed from the Master Street and
Highway Plan.
The Courthouse-Sandbr is located in the south-central portion
of the City. It is bounded generally on the north by Landstown Road, Shipps
Corner Road, and London Bridge Road, and by Oceana Naval Air Station; on the
east by Dam Neck Anti-Air Warfare Training Center and the Atlantic Ocean; on
the south by Back Bay National Wildlife Refuge and the Boroughs of Pungo and
Blackwater; and on the west by the City of Chesapeake and the Kempsville
Princess Anne Borough line.
Courthouse-Sandbridge is primarily undeveloped and agricultural at present.
An exception is the Sandbridge area, which is primarily resort-oriented but
of a residential character. The rate of growth in past years has been quite
moderate. However, public facilities capable of sustaining some level of
residential expansion are present in the Oceana Boulevard area; the rezoning
of large tracts has occurred in the Oceana Boulevard area over the last three
years, and growth can be anticipated to be rapid and extensive in the fut@Are.
The Courthouse-Sandbridge Study Area is the area of the City most likely to
change in the years to come. Severe overloading of public facilities and
and environmental conflicts may occur unless a careful development strategy
is produced. Future municipal land use actions should be geared to the changes
to take place in this area, and should seek to establish a reasonable pattern of
development.
The Master Street and Highway Plan should be amended as follows:
1. Dam Neck Road should be increased from a 90-foot
right-of-way to a 110-foot right-of-way, west of
General Booth Boulevard.
2. The feasibility of an additional north-south 90-foot
arterial east of Oceana Boulevard between False Cape
Parkway and Dam Neck Road should be investigated
3. The 110-foot wide section of Oceana Boulevard should be
realigned to follow the existing alignment of Oceana
Boulevard as far south as False Cape Par@,way, and then
transition down to the existing right-of-way width.
4. North Landing Road should be reduced from a 90-foot 07/02/79
right-of-way to a 66-foot right-of-way.
- 6 -
The Great Neck Study Area is located in the northeast portion of the City. It
is bounded generally on the north by Long Creek Canal; on the east by Broad and
Linkhorn Bays; on the 5outh by NAS Oceana; and on the west by the Eastern Branch
of the Lynnhaven River.
The northern third of Great Neck contains most of the available vacant land, which
is zoned predominantly for low-density residential use. The central third of the
study area contains a major office-institutional corridor along First Colonial
Road as well as medium density residential development and limited commercial
facilities along Great Neck Road. The southern third of the study area is made
up of intense commercial and generally high-density residential development.
A. Flood Plain - there is extensive tidal flood plain in this area.
Great Neck is bounded on three sides by shoreline with 1600 acres
of flood plain constituting 20" of the land areas. The flood
plain itself is 77@.1 developed. Approximately 8" (148.4) of the
undeveloped land within the study area lies within the flood
plain.
B. Aircraft Noise and Crash Zones - most of the southern third of the
study area is affected by the operation of aircraft from the ad-
joining Oceana Naval Air Station. Moderate noise i,,npact exists
in the area as far north as Wildwood Drive. Moderate accident
potential exists in the eastern part of the study area as far
north as Inlynnview Road. The southwestern portion of Great
Neck, particularly south of Laskin Road, is subject to moderate
to high noise and accident potential. There are serious
consequences here for any type of residential development.
In order to effectively accommodate future changes in the Great Neck Area, the
Master Street and Highway Plan should be amended to include three quadrants of
the Hilltop Loop. The fourth quadrant, at the northeast corner, should not be
pursued for reasons of incompatibility with the existing residential area.
Hollan is located in the central portion of the City. It is generally
bounded on the north by the Norfolk-Virginia Beach Toll Road; on the east by Oceana
Naval Air Station; on the south by Shipps Corner Road, Landstown Road, Princess Anne
Road, and the City of Chesapeake; and on the west by Elbow Road, Salem Road,
Princess Anne Road, Baxter Road, and Independence Boulevard.
The Holland Study Area is one of the major residential growth areas of the City.
Over the past five years, residential development has consisted mostly of town-
houses, apartrnent, and planned unit development rather than single-family
development. The Holland Study Area includes the Oceana West Industrial Park and
the proposed Lynnhaven Mall, and therefore has the potential for major commercial
and industrial expansion of a regional nature.
A. Flood Plain - land falling within the 100-year flood plain in
this study area is not extensive. Of the 11,291 acres of land
only 4% (445 acres) is in the flood plain. The flood plain is
17% developed. The most extensive acreage of undeveloped flood
plain lies along the North Landing River adjacent to Stumpy Lake
and the Salem Canal in the southern portion of the study area.
B. Air Installation and Noise Zones - Oceana Naval Air Station borders
he eastern section of the Holland Study Area. The eastern part of
the study area is covered by Zones D 3 and D 2, the highest noise
zones. These noise zones extend west of Lynnhaven Parkway, taking
in all of Oceana West Industrial Park. Cardinal Estates and Magic
Hollow are also affected by the various crash potential zones.
07/02/79
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The Oc includes the principal resort area of Virginia Beach.
Much of the residential development is low density such as in Bay Colony and the
Northern beachfront. More than any other study area, the Oceanfront can he re-
duc ed to ei gh t dis tinct neighborhoods , each with its own set of c haracteri s tics
North Virginia Beach
Bay Colony-Linkhorn Park Area
Resort-Tourist Area
The area generally west of Arctic Avenue sometimes called
"Old" Virginia Beach
Shadowlawn
Croatan-Harbour Point Area
Birdneck-Laskin Road Area
Seatack
The Area is divided by two major cornmercial arteries, Laskin Road and Virginia
Beach Boulevard. Because of the presence of the tourist area, this is economically
one of the most important areas o@ the City. In addition to the 58% increase in
permanent population in the overall study area since 1970, the level of tourist
visitation has nearly doubled since 1973 without significant physical change in
that part of the study area.
A. Commercial Development - in this study area is now generally
centered in the resort area and along Virginia Beach Boulevard
and Laskin Road. Additional expansion of the commercial area
along Birdneck Road north of Virginia Beach Boulevard and along
the corridor between the Arts and Conference Center and the re-
sort area should be encouraged.
B. Industrial Development - although there is presently little or
no i.ndustrial development in the Oceanfront area, there is a
large amount of industrial zoning on undeveloped land south of
Seatack. This area is appropriate for industrial development
because of its location in the high noise zone of NAS Oceana,
because of its favorable location in regard to the road network,
and because of the general absence of ailutting land uses which
would be incompatible with industrial expansion.
C. Flood Plain Manaqement - the 100-year flood plain is closely tied
to the eco ogica and public welfare of this study area. Therefore,
it is recommended that the 100-year flood plain be properly regulated
to avoid incompatible development. For this purpose, it is recommended
that the Flood Plain section of the Comprehensive Zoning Ordinance be
amended to strengthen control of development in the flood plain.
Pungo-Blackwater Study Area is located in the southern portion of Virginia Beach.
It is genera y bound on the north by the Princess Anne and Pungo Borough; on
the east by the Atlantic Ocean; on the south by the State of North Carolina; and
on the west by the City of Chesapeake.
This southernmost study area of the City is rural and agricultural in makeup.
Vast areas are forested or are prime agricultural land. The Back Bay National
'vlildlife Refuge and False Cape State Park, two extremely valuable natural wild-
life refuges, border this study area on theeast. The population is scattered
throughout the study area and is not concentrated in any one part.
A. Flood Plain - the principal environmental constraint in this study
area is the 100-year flood plain. Extensive flood ')lain acreage
exiqt,, covering 40',,' (22,996 acres) of the 57,941 acres of land.
07/02/79
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The Pungo-Blackwater Study Area is the most stable area of the City. The develop-
ment level has been very low. It is recommended that the City of Virginia Beach
seek to maintain this traditional, rural character in this study area, and that
the following should serve as a guide in future land use decisions:
A. Agricultural Land - rezoning of agricultural land to increase
resi den ti al densityshoul d not occur.
B. Capital Improvements - should be scheduled to provide for
the needs of the existing residents, but not for an expansion
of population.
C. Commercial Development - is not appropriate for this study area.
Small-scale neighborhood commercial areas to serve existing rural
population is appropriate if generally located at intersections of
major roads.
The Kempsvjll@ Area is located in the west-central portion of the City.
It is bounded generally on the north by the Virginia Beach-Norfolk Toll Road;
on the east by Salem Road; on the south by Elbow Road and the City of Chesapeake;
and on the west by the Cities of Chesapeake and Norfolk.
Since 1970, Kempsville has been the fastest growing study area in the City. The
rapid development has been predominantly medium density residential with support
commercial of a neighborhood nature. The study area is expanding its commercial
base toward becoming a City-scale shopping area. Kempsville, along with Holland
and Courthouse-Sandbridge Study Areas constitute the three principle "Growth Areas"
in the City.
Because of immediate transportation-related inadequacies, the following actions
should be given high priority for CIP funding within this planning period:
1. Immediate improvement of the Kempsville Road intersection
with Indian River Road.
2. Widening of Kempsville Road to four lanes from Providence
Road to Centerville Turnpike.
3. Widening of Princess Anne Road to four lanes from Newtown
Road to Parliament Drive and from Edwin Drive to Independence
Boulevard.
4. Widening of Indian River Road to six lanes from I-64 to
Kempsville Road.
5. Widening of Bonney Road to four lanes, undivided, east of
Independence Boulevard
VICE MAYOR MCCOY ENTERED MEETING AT ]:00 p.m.
COUNCILMAN ERVIN ENTERED MEETING AT 12:20 p.m.
ITEM #13914
The City Manager indicated it was hard to predict whether the tourist season
would he a success or not; however, the City has been advertising in certain
sections of the United States that they are only a tankful of gas away from
Virginici Beach.
07/02/79
-9 -
FORMAL SESSION
ITEM #13915
Monday, July 2
2:15 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Patrick L. Standing
Council Members absent:
None
INVOCATION was given by Reverend Fletcher Hutchinson, Bayside Presbyterian Church.
PLEDGE OF ALLEGIANCE
(ITEM II-D.1) ITEM #13916 MINUTES-CORRECTION
On motion by Councilman Ferrell, seconded by Councilman Baum, City Council voted
to APPROVE the following correction to the minutes of June 18, 1979, item #13863,
appointment of Mrs. Lois Bostic:
Mrs. Bostic's term should expire October 31, 1981,
NOT October 31, 1982, as stated in the minutes
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
11. Henley, Clarence A. Holland, J. Henry McCoy, Jr.,
Donald 'vi. Merrick, @leyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
07/02/79
1 0 -
(ITEM II-D.2) ITEM, #13917 MINUTES
On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council
voted to APPROVE the minutes of the regular meeting of June 25, 1979, as the
minutes had previously been distributed to Council for their consideration.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell , Barbara
M. Henley, Clarence A. Holland, J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
(ITEM II-G.]) ITEM #13918 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:
Requested h,,t: Director, Department of Economic Development
AN ORDINANCE To AMEND AND REORDAIN ARTICLE
XVI, SECTIONS 2-134 AND 2-135, OF THE CODE
OF THE CITY OF VIRGINIA BEACH RELATING TO
TFIE DEPARTMENT OF ECONOMIC DEVELOPMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article XVI, Sections 2-134 and 2-135, of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained by adding the following:
Section 2-134. Divisions:
There shall be within the Department of Economic Development the following
divisions:
(1) Tourist Development division which, subject to the supervision and
control of the Director of Economic Development, shall be headed by the Tourist
Development Coordinator who shall be charged with, but not limited to, the following
duti es :
a. Solicitation of Geqyeflt49Rs-aHd tourist attractions and promotion
of activities required to promote and develop the tourist economy.
07/02/79
- 1 1 -
b. Development and coordination of advert
he Civic Center and the Arts and Conference Center.
c. Solicitation of cultural activities and other apdrof)riate events
for the Civic Center and the Arts and Conference Center.
d. All aspects of operation, maintenance and management of the Civic
Center and the Arts and Conference Center and facilities and the administration of
affairs therein, including but not limited to, establishing reasonable
rules and regulations
t@ereef, as well as revenue and cost analysis, fee standards and providinq for the
e. Any other duties which may be required, assigned or prescribed.
All money received from the operation of the Civic Center and the Arts
and Conference Center and related operations during each fiscal year shall be paid
into the General Fund.
2. Industrial Development Division which, subject to the supervision
and control of the Director of Economic Development, shall he headed by the
Industrial Development Coordinator who shall be charged with, but not limited to,
the following duties:
a. Industrial and commercial solicitation and location.
b. Development and coordination of advertis@ uired
to promote industrial and commercial location and expansion.
c. geord4pa-te Coordination and deyelep eve opment of t4e-94ty's
Industrial Parks and facilities in conjunction with the 4ndustr@a; Virginia Beach
Development Authority.
d. Promotion and dev lopment of port, inlet and airport facilities.
e. /Akny other aet4y4t4e& duties which may be required, assigned
or prescribed
3. Convention Promotion Division, which, subject to the supervision and
control of the Director of Economic Development, shall be headed by the Convention
Promotion Coordinator, who shall be charged with, but not limited to, the following
duti es :
a. Solicitation of conventions
apprepr4ate-eveRts for the G4%y Arts and Conference Center.
b. Provision of sales and service of conventions to the City.
07/02/79
- 1 2 -
c. Coordination of housing and other requirements for conventions
in the City.
d. Any other duties which may be required, assigned or prescribed.
Section 2-135. Assistance to ;RdustF4a; Development Authority.
The Director of Economic Development and his staff shall provide
assistance to the ;Hd1/2istp4a; Developnient Authority in its industrial eeefleFH4G
development activities.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2nd day of , 1979.
On motion by Councilman Ferrell, seconded by Councilman Payne, City Council voted
to approve the request of the Director of Economic Development and APPROVE the
above Ordinance to amend and reordain Article XVI, Sections 2-134 and 2-135, of
the Code of the City of Virginia Beach relating to the Department of Economic
Development.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
07/02/79
1 3 -
(ITEM II-G.2) ITEM #13919
Requested by: Department of Public Works
AN ORDINANCE TO AMEND AND REORDAIN SECTION
31-15 (e) OF THE CODE OF THE CITY OF VIRGI@IIA
BEACH, VIRGINIA, PERTAINING TO LAND DISTURBING
ACTIVITIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIP4IA BEACH, VIRGINIA:
That subsection (e) of Section 31-15 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 31-15.
(e) Any person owning, occup3,ing, or operating private
agricultural, horticultural or forest lands shall
not be deemed to be in violation of this act for
land disturbing activities resulting from the
tilling, planting or harvesting or the agricultural,
horticultural or forest crops or products, or
engineering operations under Section 21-2(c-Tof the
Code of Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2nd day of Jull -, 1979.
On motion b,/ Councilman Ferrell, seconded by Councilman Payne, City Council voted
to approve the request of the Department of Public Works and APPROVE the above
Ordinance to amend and reordain Section 31-15 (e) of the Code of the City of
Virginia Beach, Virginia, pertaining to land disturbing activities.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, J. Henry McCoy, Jr.,
Donald 14. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
07/02/79
1 4-
(ITEM II-G.3) ITEM 013920
On motion by Councilman Ferrell, seconded by Councilman Payne, City Council voted
to approve the request of the City Treasurer and APPROVE the following tax refunds
in the amount of $1,504.62.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
07/02/79
1 5 - 6/21 /79
1-i
c i7
7
L C' C i c, @Cli LL@@ u-, C)rl c' ;7 C, c
tl,ie 1'reisurer are herc-by -,pproved:
$1,504.62
To@alinR $
TAX T-1 PE TICKFTI E),'.O-,;ER- [)ATE
Y E A,-@ O@- TA"; T1014 l@( "ID
ewton, John W. 78 REI/2 55444-5 12/1/77 8.70
ewton, John W. 78 RE2/2 55444-5 6/1/78 8.70
ewton, John W. 77 RE6mo. 53836-7 12/1/77 9.03
opley, T.B. & P.H. 78 REI/2 14262-1 11/25/77 6.84
opley, T.B. & P.H. 78 RE2/2 14262-1 6/1/78 6.84
opley, T.B. & P.H. 77 RE6mo. 13530-0 6/7/77 6.92
opley, T.B. & P.H. 76 REl/2 13269-8 6/10/76 10.16
opley, T.B. & P.H. 76 RE2/2 13269-8 12/5/76 10.16
inn, C. & Mansfield 79 REI/2 74475-17 11/14/78 117.00
inn, C. & Mansfield 78 REI/2 70681-6 11/1/77 127.50
inn, C. & Mansfield 78 RE2/2 70681-6 5/12/78 127.50
inn, C. & Mansfield 77 RE6mo. 68895-3 5/24/77 129.00
inn, C. & Mansfield 76 REI/2 38469-3 5/28/76 114.21
inn, C. & Mansfield 76 RE2/2 38469-3 11/2/76 114.21
cLeskey, F. Wayne 79 REI/2 45080-4 12/5/78 74.92
cLeskey, F. Wayne 79 REI/2 45078-8 12/5/78 72.80
cLeskey, F. Wayne 79 REl/2 45099-3 12/5/78 48.00
cLesltey, F. Wayne 79 REI/2 44999-7 12/5/78 59.97
Leskey, F. Wayne 79 RE2/2 44999-7 12/5/78 59.97
ynnhaven D.S. Marin@ 79 REI/2 42011-5 12/5/78 206.87
rtin, Barbara W. 78 REl/2 41182-1 12/1/77 10.87
artin, Barbara W. 78 RE2/2 41182-1 6/1/78 10.87
artin, Barbara W. 77 RE6mo. 39941-8 6/10/77 11.00
aw, Laura P. 79 PP 54314 5/9/79 74.94
est, Juanita M. 79 PP 97238 5/22/79 3.36
eikov, Charles M.' 78 PP 6722 5/25/78 74.28
he above abatement(s) totaling
were approved by
City of Virginia
each on the day of
J04J T. ATKINSON, treasur(
Approvcd
utli 11. Smith, City Clerk
1 6-
(ITEM II-H.1) ITEM #13921 RESOLLJTIONS
Requested by: Councilman Merrick
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers of the Administration Building on
the -2nd _ day of _ Ju , 1979
On motion by Councilman Merrick, seconded by Councilman Ervin, the
following Resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS. On March 5, 1979, the Council of the City of Virginia Beach,
Virginia, deleted Old Donation Parkway from the Master Street and Highway Plan;
and
WHEREAS, on October 15, 1975, a subdivision plat entitled "Subdivision
of Blair Point" dated June 7, 1974, was duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 111, at
Page 42; and
WHEREAS, the recordation of said plat dedicated right-of-way for the
proposed Old Donation Parkway; and
WHEREAS, it is the desire of the landowner that she be reinvested with
title to the dedicated right-of-way as shown on said plat.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
THAT the City Manager is hereby directed and authorized to proceed to
reinvest title to the dedicated right-of-way as shown on said plat.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2nd day of ul _, 1979.
Mr. Grover C. Wright, Jr., Attorney, represented tl)e applicant.
On motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted
to uphold the recommendations of the City Manager and APPROVE the above Resolution
authorizing the City Manager to proceed to reinvest property to Mrs. Anne Blair
which was dedicated for the Old Donation Parkway Project. (This Resolution was
brought before Council at the request of Councilman Merrick).
Voting: 6-5
07/02/79
1 7 -
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Donald
W. @lerrick, Meyera E. Oberndorf, Roger L. Riggs
Council Members Voting Nay:
George R. Ferrell, Clarence A. Holland, J. Henry McCoy, Jr.,
J. Curtis Payne, Patrick L. Standing
Council Members absent:
None
(ITEM II-H.2) ITEM #13922 ORDINANCES
COUNCILMAN FERRELL LEFT COUNCIL CHAMBERS
Mr. Grover C. Wright, Jr., Attorney, represented the applicant
On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted
to uphold the recommendations of the Planning Commiission and the City Manager and
approve the following Ordinance vacating and discontinuing a portion of Columbus
Street, in Bayside Borough, in the City of Virginia Beach, Virginia; approval is
subject to the following stipulations:
1. A rededication of the subject right-of-way if future
development plans indicate an increase in the number
of trips generated sufficient to warrant a right-turn
lane.
2. Ordinance is to state that this will run with the
land.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henlev, Clarence
A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L.
Standing
Council Members Voting Nay:
None
Council Members absent:
George R. Ferrell
07/02/79
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION
VIRGINIA STATE SHOPPI14G PLAZAS, INC.
AN ORDINANCE VACATIliG AND DISCONTINUING
A PORTION OF COLUMBUS STREET, IN BAYSIDE
BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application of
the applicant, Virginia State Shopping Plazas, Inc., to be
presented to the City Council of the City of Virginia Beach,
Virginia, on the 14th day of May -1 1979, and for the
vacation of a portion of the hereinafte.r described public street
in the City of Virginia Beach, Virginia, was on the 27th day of
April -1 1979, duly posted at the Courthouse of the Circuit
Court of the City of Virginia Beach,Virginia, and at two other
public places in the City of Virginia Beach, Virginia, in conformity
with the manner prescribed by Code of Virginia, Section 15.1-364,
for the institution of proceedings for the vacation of a public
street; and
WHEREAS, said application was made to the City Council of
the City of Virginia Beach, Virginia, on,the 14th day of May
1979, and in conformity with the manner prescribed by Code of
Virginia, Section 15.1-364, for the conduct of such proceedings,
the City Council of the City of Virginia Beach, Virginia, on the
14th day of May -1 1979, which was more than ten days
after posting notice of the intended application as aforesaid,
appointed C. Oral Lambert Georqe E. Tinnes and
Robert J. Scott as viewers to view such street and
report in writing whether in their opinion, any and if any, what
inconvenience would result from discontinuing the same, and said
viewers have made such report to the City Council of the City of
Virginia Beach, Virginia; and
GROVER C. WRIGIIT, JR.
.... P@cmc V..
B..CH,
07/0 2/79
-19 -
WHERAS, from such report and other evidence, and after notice to the
land proprietors affected thereby, along the portion of the street proposed to be
vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia,
that these proceedings have been instituted, conducted and concluded in the manner
prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result
from vacating and discontinuing the portion of said street, and that the porti6n of
said street should be vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. That the following portion of Columbus Street, in the Borough of
Bayside, in the City of Virginia Beach, Virginia, be, and the same hereby is,
vacated and discontinued:
ALL that certain piece or parcel of land, lying situate
and being in Bayside Borough, in the City of Virginia
Beach, State of Virginia, known and designated as "Taking
Area - 0.117 Ac." on plat entitl6d "Plat Showing Property
To Be Dedicated To City of Virginia Beach from Virginia
State Shopping Pla-as, Inc." dated December 19, 1973, and
duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach in Map Book 103 at page 50.
2. The ordinance shall be in effect from and after thirty (30) days
from the date of its adoption.
3. Virginia State Shopping Plazas, Inc. hereby agree, by affixing the
signatures of its duly authorized officers hereinbelow, to dedicate a right turn
lane as may be required by the City of Virginia Beach, Virginia, within a period
of 25 years upon recordation of this ordinance.
4. A certified copy of this ordinance of vacation shall be recorded
as deeds are recorded, and indexed in the name of the City of Virginia Beach,
Virginia, as grantor, and in the name of Virginia State Shopping Plazas, Inc., as
a grantee, in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, at the expense of the applicant.
Certified to be a true and exact copy of an ordinance, adopted by the
City Council of the City of Virginia Beach, Virginia, at its regular meeting held
on the 2nd day of July -, 1979.
TESTE: Ruth Hodges Smith, City Clerk
By:
2 0 -
VIRGINIA STATE SHOPPING PLAZAS, INC.
President
(SEAL)
Secretary
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH: to wit
I, the undersigned, a Notary Public in and for the City of Virginia
Beach in the State of Virginia, do hereby 6ertify that
and who are the President and Secretary of Virginia
Shopping Plazas, Inc., and whose names are signed to the foregoing writing
bearing date on the day of , 1979, have acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of 1979.
Notary Public
My Commission Expires:
A,r)proval is subject to the following stipulations:
1. A rededication of the subject right-of-
way if future development plans indicate an
increase in the number of trips generated
sufficient to warrant a right-turn lane.
2. Ordinance is to state that this will
run with the land
Certified to be a true excerpt from the minutes of the City Council of the
City of Virginia Beach, Virginia, approved July 2, 1979
Ruth Hodges Smith, CityClerk
2 1 -
(ITEM 11-I.I.a) ITEM #13923 ORDINANCES-IN GENERAL
COUNCILMAN FERRELL RETURNED TO CHAMBERS
AN ORDINANCE RATIFYING ASSESSMENTS AGAINST
ABUTTING LANDOWNERS FOR THE IMPROVEMENT AND
PAVING OF SPOT LANE, PRINCESS ANNE BOROUGH,
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, by ordinance adopted on the 16th day of January, 1978, the
improvement and paving of Spot Lane, Princess @nne Borough, City of Virginia
Beach, Virginia, was ordered and the City Manager was authorized to apportion the
costs thereof between the City of Virginia Beach and the abutting landowners, as
provided by law; and
WHEREAS, there has been recorded an abstract of the aforesaid Ordinance
showing the estimated amount that would be assessed against each landowner; and
WHEREAS, the City Manager has reported to the Council that said improve-
ments have been completed and that he has rqade assessments apportioning the cost
thereof, as set forth in the statement thereof attached hereto, which appear to be
fair and just and not in excess of the peculiar benefits resulting therefrom to the
abutting landowners; and
IiIHEREAS, he has further advised that a public hearing was had pursuant to
notice on the 25th day of May, 1979, of which hearing all abutting landowners were
duly notified; and
WHEREAS, it is necessary for the usual dailv operation of the Department
of Public Works that said assessments be immediately approved, an emergency is set
forth and declared to exist.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEAC!i, VIRGINIA:
Section 1. That the apportionment and assessment by the City tlanager
against the abutting landowners as set forth in the statement thereof attached
hereto and made a part hereof, for the improvement and paving of Spot Lane,
Princess Anne Borough, City of Virginia Beach, Virginia, be, and the same are,
hereby approved, ratified, and confirmed, the @ame not being in excess of the
peculiar benefits resulting therefrom to the abutting landowners.
07/02/79
- 2 2 -
Section 2. That the said amounts assessed against said abutting land-
owners shall be payable in ten equal annual installments beginning July 15, 1979,
with interest thereon at six per centum (6%) per annum, provided that any installment
may be paid before due.
Section 3. That the respective estimated amounts assessed against each
abutting landowner, as heretofore recorded, are hereby ratified as the final amounts
assessed against such abutting landowner, as set forth in the aforesaid statements.
Section 4. That this ordinance being an emergency Ordinance shall be in
effect from and after its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 1979.
On motion by Councilman Holland, seconded by Vice Ma,,or McCoy, City Council voted
to DEFER FOR ONE WEEK the above Ordinance ratifying assessments against abutting
landowners for the improvement and paving of Spot Lane, Princess Anne Borough,
City of Virginia Beach, Virginia.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
07/02/79
2 3 -
(ITEM II-I.I.b) ITEM #13924 FIRST READING
Requested blv: City tlanager
AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR THE CHESAPEAKE BEACH
PROTECTION PROJECT, EITHER BY AGREEMENT OR BY
CONDEMNATION: AND TO APPROPRIATE THE NECESSARY
FIJNDS FOR SAID ACQUISITION OF LAND OR INTEREST
IN SAID LAND FOR THE CHESAPEAKE BEACH PROTECTION
PROJECT
'o)HEREAS, in the opinion of the Council of the City of Virginia Beach,
Virginia, a public necessity exists for the acquisition of property for the
Chesapeake Beach Protection Proliect to provide for the preservation of the safety,
health, peace, good order, comfort, convenience, morale and for the welfare of the
people of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Sectionl. That the City Attorney is hereby authorized and directed to
acquire by purchase or condemnation, pursuant to Section 15.1-898, et seq, Code
of Virginia, 1950, as amended, all that certain real property in fee simple
including any interest therein shown on that certain plat entitled "Chesapeake
Park", said plat being on file in the Office of Real Estate, Department of Public
Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to make or cause
to be made on behalf of the City of Virginia Beach a reasonable offer to the owners
or persons having an interest in said lands; if refused, the City Attorney is
hereby authorized to institute proceedings to condemn said property.
Section 3. There is hereby appropriated sufficient funds to cover the
City's cost of acquisition expense, estimated to be $400,000.
Section 4. That an emergency is hereby decoared to exist and this
ordinance shall he in force and effect from the date of its adoption.
FIRST READING: 2, 1979
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2nd _ day of 1979.
07/02/79
- 2 4-
Mr. Robert J. Smith, President, Chesapeake Beach Civic League, appeared in
favor of above Ordinance.
On motion by Councilman Baum, seconded by Councilman Holland, City Council voted
to uphold the recommendations of the City Planager and APPROVE ON FIRST READING the
Ordinance to authorize the acquisition of property in fee simple for the Chesapeake
Beach Protection Project, either by agreement or by condemnation; and to appropriate
the necessary funds for said acquisition of land or interest in said land for the
Chesapeake Beach Protection Project.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Clarence A. Holland, Donald W.
Merrick, J. Curtis Payne, Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell, Barbara M. Henley, J. Henry McCoy, Jr,,
Meyera E. Oberndorf, and Roger L. Riggs
Council Members absent:
None
07/02/79
2 5 -
(ITEM II-I.2.a) ITErl #13925 SECOND READINGS
VICE MAYOR MCCOY LEFT COUNCIL CHAMBERS
ORDINANCE TO PROVIDE THIRD YEAR FUNDING
FOR THE CONTIrlUING EDUCATION IN @IENTAL
HEALTH AND AGING GRANT
WHEREAS, the Department of Mental Health and Mental Retardation
desires to provide a selected group of professionsla, paraprofessionals,
City Officials, and community leaders with a training and educational program
in mental health and aging; and
WHEREAS, the Department of Health, Education, and Welfare will
provide third year funding in the amount of $27,214, for this purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACII, VIRGINIA:
That the City Manager is hereby authorized to accept the Grant for
the City, and funds are hereby appropriated for the following purposes:
Estiiqated Revenue Total
from Othe e cl@es Lppropriations
Continuing Education in
Mental Health and Aging $27,214 $27,214
BE IT FURTHER ORDAINED that the appropriations will be financed by
$27,214 estimated revenue from the Department of Health, Education, and Welfare,
and
BE IT FURTHER ORDAINED THAT two personnel positions are hereby authorized
for the duration of the Grant, to be paid from the Grant, with the employee class
to be determined by the City Manager.
FIRST READING: June 25, 1979
SECOr4D READING: July 2, 1979
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2 day of , 1979.
On motion by Councilman Riggs, seconded by Councilman Pavne, City Council voted
to APPROVE on SECOND READING the above Ordinance to provide third year funding,
in the amount of $27,214 for the continuing education in Mental Health and Aging
Grant:
Voting: 10-0
07/02/79
2 6-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L.
Standing
Council Members Voting Nalv:
None
Council Members absent:
Vice Mayor J. Henry McCoy, Jr.
(ITEM II-I.2.b) ITEM #13926
AN ORDINANCE TO ACCEPT $106,000 FROM THE
DEPARTMENT OF HOUSING ANO URBAN DEVELOP-
MENT AND TO APPROPRIATE THESE FUNDS
WHEREAS, the Department of Housing and Urban Development (HUD) has
approved funding the administrative expenditures for the Community Development
Block Grant (CDBG) Fourth Program Year; and
l@HEREAS, the City wishes to accept this funding to maintain the services
of the CDBG staff of employees.
NOtI, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that the City tianager be authorized to accept funds for the
City, and funds be appropriated for the following purpose:
Total
Appropriation
Administrative (Fourth Program Year) @@106-,OOO
That the appropriations be financed 100% by Federal Funds from
HUD, with no local match required.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2 day Gf Jul@t , 1979
FIRST READING: June 25, 1979
SECOND READING: Jull 2, 1979
On rnotion by Councilman Ervin, seconded by Councilman Riggs, City Council voted
to APPROVE ON SECOND READING the above Ordinance to accept $106,000 from the
Department of Housing and Urban Development and to appropriate these funds for
the Administration (Fourth Program Year).
Voting: 10-0
07/02/79
- 2 7 -
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members absent:
Vice Mayor J. Henry McCoy, Jr.
(ITEM II-I.2.c) ITEM #13927
AN ORDINANCE TO ACCEPT FUNDS TOTALING $22,204
FROM THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT AND TO APPROPRIATE THESE FLINDS
WHEREAS, the City of Virginia Beach has participated and wishes to
continue its participation in the Section 8 Housing Program; and
WHEREAS, the City of Virginia Beach has entered into an agreement with
the Virginia Housing Development Authority (VHDA) and has ar)plied to the Department
of Housing and Urban Development (liUD) to participate in the program; and
WHEREAS, the Department of Social Services has been designated to
administer the program, which will assist in housing the underprivileged.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager, contingent upon final approval by HUD, is
hereby authorized to accept funds for the City, and funds are hereby appropriated
for the following purpose:
Section 8 Housing $22,204
BE IT FURTHER ORDAINED that the appropriations will be financed by
$22,204 estimated revenue from HUD, with no local match required; and
That three personnel positions are hereby authorized for the duration
of the Grant, to be paid from the Grant, with the class of employees to be
determined by the City Manager.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2 day of , 1979
FIRST READING: June 25, 1979
SECOND READING: Ju 07/02/79
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On motion by Councilman Riggs, seconded by Councilnian Payne, City Council voted
to APPROVE ON SECOND READING the above Ordinance to accept funds totaling $22,204
from the Department of Housing and ljrban Development and to appropriate these funds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick
L. Standing
Council Members Voting Nay:
@None
Council Members absent:
Vice Mayor J. Henry McCoy, Jr.
(ITEM II-1.3.a.1) ITEM #13928 APPROPRIATIONS-TRANSFER
AN ORDINANCE TO APPROPRIATE $7,070 IN THE
LYNNFIAVEN SANITARY DEBT FUND FOR TRANSFER
TO THE GENERAL F(JND
WHEREAS, $7,070 has been collected from property owners at the North
End of the Beach to service debt for previous improvements at the North End; and
WHEREAS, all debt for these North End improvements has been retired;
and
WHEREAS, certain improvements and maintenance work has been performed
by the Highway Division in sections of the North End during fiscal 1979;
NOW, TIIEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH:
That $7,070 be appropriated in the Lynnhaven Sanitary Debt Fund for
transfer to the General Fund as reimbursement for Highway work performed in the
North End.
BE IT FURTHER ORDAINED THAT $7,070 be appropriated as of June 30, 1979,
in the Highways Street Construcl,ion Bureau for work on 49th and 58th Streets in
the North End.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 2nd day of 1979.
07/02/79
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On motion by Councilman Merrick, seconded by Councilman Holland, City Council voted
to APPROVE the above Ordinance to appropriate $7,070 in the Lynnhaven Sanitary Debt
Fund for Transfer to the General Fund.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L.
Standing
Council Members Voting Nay:
None
Council Members absent:
Vice Mayor J. Henry McCoy, Jr.
(ITEM II-I.3.c.1) ITEM #13929 FIRST READINGS
AN ORDINANCE TO ACCEPT A GRANT TOTALING
$816,906 FROM THE COMMISSION OF OUTDOOR
RECREATION, AND TO APPROPRIATE THESE
FUNDS
WHEREAS, the City wishes to provide additional park facilities for
the citizens;
WIIEREAS, the Virginia Commission of Outdoor Recreation (COR) has
approved partial funding to accomplish the objective stated above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is authorized to accept the Grant for the City,
and funds are hereby appropriated for the following purpose:
Estimated Revenue Local Total
From Other A ies Match iations
Great Neck Park $408,453 $408,453 $816,906
That the appropriations will be financed by $408,453 estimated revenue
from the COR, and a local cash match of $408,453 from General Obligation Bonds,
to be sold December, 1980.
FIRST READING: July 2, 1979
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia, on-the
day of 1979.
07/02/79
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On motion by Councilman Holland, seconded by Councilman Baum, City Council voted to
APPROVE ON FIRST READING the above Ordinance to accept a Grant totaling $816,906
from the Commission of Outdoor Recreation, and to appropriate these funds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L.
Standing
Council Members Voting Nay:
None
Council Members absent:
Vice Mayor J. Henry McCoy, Jr.
(ITEM II-I.4.a) ITEM #13930 CODE AMENDMENTS
VICE MAYOR MCCOY RETURNED TO COUNCIL CHAMBERS
AN ORDINANCE TO AMEND SECTION 22-151
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO PARKING
METERS.
BE IT ORDAINED BY THE CO[JNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 22-151 of the Code of the City of Virginia Beach, Virginia,
is hereby amended by adding thereto new subsections (e), (f) and (g) as follows:
(e) Atlantic Avenue and Pacific Avenue from Second Street to Thirteenth
Street, inclusive.
(f) Second Street, Third Street, Fourth Street, Fifth Street, Sixth
Street, Seventh Street, Eighth Street, Nineth Street, Tenth Street, Eleventh
Street, Twelfth Street and Thirteenth Streets from Pacific Avenue to Oceanfront.
(g) All City-owned parking areas adjacent and contiguous to the Rudee
Inlet Loop.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2nd day of , 1979
Councilman Merrick made a motion, seconded by Councilman Riggs, to approve the
above Ordinance to amend Section 22-151 of the Code of the City of Virginia Beach,
Virginia, pertaining to parking meters, with the stipulation that:
ITEM (G) ALL CITY-OWNED PARKING AREAS ADJACENT TO
AND CONTIGUOUS TO THE RUDEE INLET LOOP BE OMITTED.
07/02/79
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Councilman Payne offered a SUBSTITUTE MOTION, seconded by Councilman Baum, to APPROVE
the above Ordinance to amend and reordain Section 22-151 of the Code of the City of
Virginia Beach, Virginia, pertaining to parking meters.
THE RECORDED VOTE ON THE SUBSTITTJTE MOTION IS AS FOLLOWS:
Voting: 9-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
r4. Henley, Clarence A. Holland, J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, and Patrick L.
Standing
Council Members Voting Nay:
Donald W. Merrick, and Roger L. Riggs
Council Members absent:
None
CITY COUNCIL VOTED TO APPROVE THE ABOVE ORDINANCE TO AMEND SECTION 22-151 OF THE
CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PARKING METERS.
(ITEM II-J.1) ITEM #13931 OLD BUSINESS
Councilman Riggs introduced Mr. William M. Espinosa, who wished to speak before
Council regarding the Towing of Vehicles.
Mr. Espinosa stated that he visited Rogues and was informed by the owners of
the Club that he had parked on private property and should move his car. Mr.
Espinosa stated he immediately left the building to move his car and found
that the vehicled had already been towed. (Total amount of time, less than five
(5) minutes).
The night club owners indicated to Mr. Espinosa that Ricks Towing Service was
hiding adjacent to the Club waiting for people to park their car on private
property, and immediately upon the people leaving their cars would come out
of hiding and tow the vehicle away.
Mr. Espinosa further indicated he went to Ricks Towing Service's holding-pen
on Virginia Beach Boulevard, and received his car only after paying a $50.00
towing fee and received a signed receipt only after threatening to call the
Police.
Mr. Espinosa presented pictures to Council to substantiate his al legations.
City Council authorized the City Attorney to investigate the possibility of
having uniform fees for all towing services.
07/02/79
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(ITEM II-K) ITEM, #13932 NEW BUSINESS
ware that after the
Councilman Holland stated he wished to make the Couoncfilproaperty, property on
meeting last week concerning the zoning of a piece
Holland Road, which was supposedly for mini-warehouses, he has given thought
to going back to conditional zoni@g'It would be to Council's advantage to
have a conditional zoning whereby if the parcel is not used for what Council
approved it for then it would revert back to its original zoning.
ITEM #13933
Vice Mayor McCoy requested the Cit'y keep the lights on at the Virginia Beach
Recreation Center in order to permit the residents in the area to use the
tennis courts and ball fields.
ITEM #13934
On motion by Councilman Ervin, seconded by Councilman Baum, and by unanimous
vote, the meeting adjourned at 3:30 p.m.
City of Virginia Beach,
Virginia
July 2, 1979
h