HomeMy WebLinkAboutMAY 14, 1979
OTY OF VIRGINIA BEIC
MUNiCIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, Al L.,g@ CLARENCE A. [IOLLAND, M.D., B.,,id@ B.,.,gh
VICE MAYOR J. HENRY McCOY JR., D.D.S., K..p,,ill, B.,.,gh DONALD W. MERRICK, Ly-h ... @ B@,.,gh
JOHN A. BAUM, BI.,k..,@, B@,..gb AIEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, Al L.,g@ 1. C(IRTIS PAYNE, P,i@,,@, A@@@ B.,@,gb
GEORGE R. FERRELL, Al L.,g@ ROGFR L. RIGGS, Vigi@i. B@.,b @,.,gb
BARBARA M. HENLEY, P.,@g. B@,@.gb RUTH HODGES SMITH, Ci,y Cl@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: Monday, 14 May 1979 - 1:00 p.m.
A. CALL TO ORDER - MAYOR PATRICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
NONE
ITEM II FORMAL SESSION: MONDAY, 14 May 1979 - 2:00 p.m.
A. INVOCATION - Reverend John H. Jordan, Jr.
Galilee Episcopal Church
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF REGULAR PREVIOUS MEETING
1. Motion to accept/approve the Minutes of 7 Ilay 1979
E. RESOLUTIONS/PROCLAMATIONS
1. Proclamation - Public Works Week
F. PUBLIC HEARING
None
G. CONSENT AGENDA
(All matters listed under the Consent Agenda are considered
to be routine by the Citv 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 an ordinance appointing viewers for the petition of
Virginia State Shopping Plazas, Inc. for the closure of a
portion of Columbus Street (Bayside Borough).
2. Letter from the City Manager recornmending that City Council
approve an ordinance to amend and reordain Section 22-84
of the Code of the City of Virginia Beach relating to driv@
ing while intoxicated.
enable the Old Coast Guard Station to be moved to 24th Street.
ORDINANCES
1. General
a. Letter from the City Manager recommending that City Council
approve an ordinance to authorize the construction and main-
tenance of temporary encroacbments into a portion of the
right-of-way of Atlantic Avenue and 12th Street in Virginia
Beach Borough, Virginia Beach, Virginia, to Cleo Calatis
and Richard D. Dunnington.
2. Appropriations
a. Second Readings
1. City Council is requested to approve on second reading an
ordinance to appropriate additional funds for the Clean Com-
munity System Program, in the amount of $2,070.
2. City Council is requested to approve on second reading an
ordinance to accept and appropriate $200,000 for the imple-
mentation of a demonstration pavement marking program.
3. City Council is requested to approve on second reading an
ordinance to appropriate $14,500 for right-of-way improve-
ments in the Croatan Beach/Camp Pendleton Area, and ratifying
the City Manager's signature of the agreement.
b. First Readings
None
c. Bids
1. Letter from the City Manager recommending that City Council
accept the low bid of Carter@Bell Corporation, in the amount
of $470,558, for Contract I and the low bid of GAVCO Cor-
poration, in the amount of $132,231 for Contract II, for
Westview Village, Phase II, Knob 14ill, (Bayside Borough),
and further authorize the City Manager to enter into the
necessary agreements in order to implement this project.
2. Letter from the City Manager recommending that City Council
accept the low bid of Major T. Archbell, Inc., in the amount
of $692,766.10, for Contract I and the low bid of Crowder
Contracting Company, in the amount of $57,300 for Contract
II, for the Lakeview Shores Subdivision Sewage Collection
System (Bayside eorougo, and further authorize the City
Manager to enter into the necessary agreements for the im-
plementation of this project.
3. City Code Amendments
a. Letter from the City Manager recommending that City Council
approve an ordinance to amend and reordain Section 6-3,,1,(d)
of the Code of the City of Virginia 3each, Virginia, relating
to the areas wbere surfing is permitted.
3. Letter from the City Manager recommending that City Council
approve an ordinance to amend and reordain Section 38-1 of
the Code of the City of Virginia Beach relating to carrying
concealed weapons.
H. PLANNING ITE24S
1. Letter from the City Manager transmitting the recommendation
of the Planning Commission for approval of the application
of Oliver K. and Margaret L. Joyner for a change of zoning
from H-2 Resort Hotel District to B-4 Resort-Cornmercial
District on a .16-acre parcel located at the southeast cor-
ner of 20th Street and Pacific Avenue (Virginia Beach Bor-
ough).
2. Letter from the City Manager transmitting the recommendation
of the Planning Commission for denial of the application
of Carlton E. and Josephine N. Coppersmith for a change of
zoning from R-5 Residential District to 0-1 Office District
on a .462-acre parcel located at the southeast intersection
of Kempsville Road and Providence Road (Kempsville Borough).
3. Letter from the City 'Ianager transmitting the recommendation
of the Planning Commission for approval of the application
of Kempsville Presbyterian Church for a conditional use per-
mit for a church on a 7-acre parcel located at the southwest
intersection of Ke-mpsville Road and Locke Lane( kempsville
Borough).
4. Letter from the City Manager transmitting the recommendation
of the Planning Commission for approval of the application
of Kingston TraileT Sales for a conditional use permit for
the sale of mobile homes on a .86-acre parcel located east
of Military Highway, south of Indian River Road, in the King's
Plaza Shopping Center( Izempsville Borough).
5. Letter from the City Manager transmitting the recommendation
of the Planning Commission for approval of the application
of Florence E. and Patrick M. Badger for a conditional use
permit for a home occupation( private dressmaking) on a
.262-acre parcel located on the south side of Mayview Place,
east of Edinburgh Drive (Lynnhaven Borough).
6. Letter from tbe City Manager transmitting the recommendation
of the Planning Commission for withdrawal of the request of
Mr. George T. Smith for a variance to Section 4.4(b) of the
Subdivision Ordinance which requires lot dimensions to con-
form to the Comprehensive Zoning Ordinance. The applicant
wishes to subdivide a 7.39-acre site located on the south
side of Sandbridge Road, west of Colechester Road, into two
lots.
7. Letter from the City Manager transmitting the recommendation
of the Planning Commission for approval of an ordinance to
amend and reordain Article 8, Section 801, of the Comprehen-
sive Zoning Ordinance pertaining to use regulations in the
0-1 Office District.
S. Letter from the City lianager transmitting the recommendation
of the Planning Connuission and the Viewers, for approval of
the petition of The City of Virginia,@oach for the closure of
a portion of 24th Street( Virginia Beach Borough). This
.275-acre parcel extends east along 24th Street from its
intersection with Atlantic Avenue.
This portion of 24th Street is to be closed in conjunction
with the relocation of the Old Coast Guard Station. The City
Manager has signed agreements that once the street is closed
by City Council, the property becomes the City's and will then
J. ADDITIONAL ACTION ITEMS
1. Letter from the City Manager including a letter of intent to be
forwarded to the Southeastern Public Service Authority( SPSA)
indicating that City Council intends to participate in the Resource
Recovery Program. This intent is subject to an approved contract
between the City Council of Virginia Beach and the Board of SPSA
for ash and residue disposal. The City Manager will only recom-
mend this contract to Council subject to the conditions outlined in
his letter.
It is, therefore, recommended that City Council authorize the City
Manager to sign this letter of intent and forward it to SPSA.
K. UNFINISHED BUSINESS
a. Boards and Commissions
1. City's Liaison to Virginia Legislative Services
2. Eastern Virginia Medical Authority
3. Mosquito Control District
Princess Anne-Pungo-,Blackwater
4. Transportation Safety Commission
5. Arts and Humanities
6. Others
L. OLD BUSINESS
a. Mr. Ernest F. Kerekes regarding sewage hook-up in Ballylinn Farms
M. NEW BUSINESS
N. ADJOURNMENT
a. Motion to adjourn
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
May 14, 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, May 14, 1979, at 1:00 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
INFORMAL SESSION ITEM #13713
Mayor Standing entertained a motion to permit Council to conduct an
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the pur-
pose 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. Consultation with legal council 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. (Legal Matters).
On motion by Councilman Ferrell, seconded by Councilman Holland, City
Council voted to proceed into the EXECIJTIVE SESSION following the
INFORt',AL SESSION.
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. Staiding
Council Members Voting Nay:
None
Council Members absent:
None
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ITEM #13714
Councilman Baum indicated that with the new Agenda Books prepared by the City
Clerk's Office this week it would be easier if the Clerk's Office continued
to prepare the books each week for those Council Members wh6 would prefer it.
ITEM #13715
Councilman Ervin indicated he received a call from H. Jack Jennings who wished
to appear before Council today (May 14, 1979) to speak on the Surfing Ordinance.
FORMAL SESSION
Monday, May 14, 1979
2:05 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Absent:
Vice Mayor J. Henry McCoy, Jr., D.D.S.
INVOCATION was given by the Reverend John H. Jordon, Jr., Galilee Episcopal
Churc .
PLEDGE OF ALLEGIANCE
-3-
COUNCILMAN HOLLAND LEFT CHAMBERS
(ITEM II-D.1) ITEM #13717 MINUTES
On motion by Councilman Baum, teconded by Councilman Ferrell, City Council voted
to APPROVE the minutes of the Regular Meeting of May 7, 1979, with the following
correction, as the minutes had previ6usly been distributed to Council for
consideration.
ITEM #13679 (Second Reading of the Budget) is
repeated and should be included in the minutes
as the AMENDED reading of the budget for Second
Reading, Item #13688
Voting: 8-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abstaining:
Meyera E. Oberndorf (Mrs. Oberndorf was absent from last week's
meeting)
Council Members Absent:
Clarence A. Holland, M.D., and Vice Mayor J. Henry McCoy, Jr., D.D.S.
- 4-
(ITEM II-E.1) ITEM #13718 PROCLAMATION
Mayor Standing read the following Proclamation proclaiming the week
of May 20 - 26, 1979, as NATIONAL PUBLIC WORKS WEEK:
P R 0 C L A M A T I 0 N
WHEREAS, public works services provided in our community
are an integral part of our citizens' everyday lives; and,
WHEREAS, the support of an understanding and informed
citizenry is vital to the efficient operation of public works systems
and programs such as streets and highways, public buildings, solid
waste collection and disposal; and,
WHEREAS, the health, safety, and comfort of this community
greatly depends on these facilities and services; and,
WHEREAS, the quality and effectiveness of these facilities,
as well as their planning, design and construction, is vitally
dependent upon the efforts and skills of public works officials; and,
WHEREAS, the efficiency of the qualified and dedicated
personnel who staff public works departments is materially influenced
by the people's attitude and understanding of the importance of the
work they perform.
NOW, THEREFORE, I, Patrick L. Standing, Mayor of the City
of Virginia Beach, Virginia, do hereby proclaim the week of
May 20 - 26, 1979, as
NATIONAL PUBLIC WORKS WEEK
in Virginia Beach and call upon all citizens and civic organizations
to acquaint themselves with the problems involved in providing our
public works and to recognize the contributions which public works
officials make every day to our health, safety and comfort.
- 5-
(ITEM II-G.1) ITEM #13719 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.
COUNCILMAN HOLLAND RETURNED TO CHAMBERS
Upon motion by Councilwoman Oberndorf, seconded by Mayor Standing, City
Council voted to ADOPT the Ordinance appointing Viewers for the petition
of Virgin ia State Shopping PI a zas , In c. , for the cl osure of a port ion of
Columbus Street, in the Bayside Borough.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D
Donald W. Merrick, Meyera E. Oberndorf, J. @u'rtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor J. Henry McCoy, Jr., D.D.S.
- 6 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, VIRGINIA STATE SHOPPING PLAZAS, INC., has given
due and proper notice in accord with law that it would, on the
Fourteenth day of May, 1979, apply to the City Council of the City
of Virginia Beach, Virginia, for the appointment of Viewers to view
the below-described portion of Columbus Street in Bayside Borough in
the City of Virginia Beach, Virginia, and to report in writing to
this Council whether, in the opinion of said viewers any, and if any,
what inconvenience would result from the discontinuance, closure and
abandonment of said portion of Columbus Street and whereas such
application has been properly filed with this Council and whereas all
requirements of law have been met.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia, that:
C. Oral Lambert
George E. Tinnes
Robert J. Scott
be, and each of them is hereby appointed to view that portion of
Columbus Street between Kellam Road and Independence Boulevard as
shown on the Plat Showing Property To Be Dedicated To City Of
Virginia Beach, Virginia, from Virginia State Shopping Plazas, Inc.,
which is recorded in the Clerk's Office of the Circuit Court of this
City in Map Book 103, at page 50, and said Viewers shall report in
writing to this Council on or before July Second, 1979, at 2:00 p.m.,
whether in their opinion any, and if any, what inconvenience would
result to the public from the discontinuance, vacation and
abandonment of said portion of Columbus Street.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fourteenth day of May, 1979.
- 7 -
(ITEM II-G.2) ITEM #13720
On motion by Councilwoman Oberndorf, seconded by Mayor Standing,
City Council voted to DEFER INDEFINITELY the Ordinance to amend
and reordain Section 22-84 of the Code of the City of Virginia
Beach relating to DRIVING WHILE INTOXICATED. (The Ordinance
was requested by the Police Department).
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D.,
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:
Vice Mayor J. Henry McCoy, Jr., D.D.S.
511 4/ 79
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AN ORDINANCE TO AMEND AND REORDAIN SECTION
22-84 OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO DRIVING WHILE INTOXICATED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 22-84 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 22-84. Prohibited.
No person shall drive or operate any automobile or other
motor vehicle, car, truck, engine or train on highways or roads in
the City, or on any parking lot, private lane or private road to the
public in the City, or in any residential subdivision in the City
and parking areas open to the public
but no in public ownership while under the influence of alcohol, brandy,
rum, whiskey, gin, wine, beer, lager beer, ale, porter, stout or any
o th er Ii qu id beve rage or art i cl e con ta i ni ng al cohol or whil e unde r the
influence of any narcotic drug or any other self-administered
intoxicant or drug of whatsoever nature.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 9 7 9.
DEFERRED INDEFINITELY: May 14, 1979
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(ITEM II-G.3) ITEM #13721
On motion by Councilwoman Oberndorf, seconded by Mayor Standing, City
Council voted to APPROVE the request of the Police Department and
ADOPT the Ordinance to amend and reordain Section 38-1 of the Code of
the City of Virginia Beach relating to CARRYING CONCEALED WEAPONS.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D.,
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:
Vice Mayor J. Henry McCoy, Jr., D.D.S.
- I 0 -
AN ORDINANCE TO AMENO ANO REOROAIN SECTION
38-1 OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO CARRYING CONCEALED WEAPONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 38-1 of the Code of the City of Virginia Beach
is hereby amended and reordained as follows:
Section 38-1. Carrying when concealed.
If any person carrying about his person, hid from common
observation, any pistol, or any other firearm or weapon designed or
intended to propel a missile of any kind, dirk, bowie knife, switch-
bl a de knif e, razor, sl ingshot, metal knucks , or any weapon of 1 i ke
kind, or nun chahka or any other similar flaili
of two or more rigid parts connected in such a manner as to allow them
to swing -Freely, which instrument may also be known as a ,nunchuck" or
"nunchaku" shuriken ighting chain or any weapon of like kind, he shall
be guilty of a Class I Misdemeanor, and such weapon shall be forfeited
to the City and may be seized by an officer as forfeited, and such as
may be needed for police officers and conservators of the peace shall
be devoted to that purpose, and the remainder shall be destroyed by
the officer having them in charge.
This Section shall not apply to any person while in his
own place of abode or the curtilage thereof or to any police officers,
sergeants, sheriffs or deputy sheriffs.
This Section shall also not apply to any of the following
individuals while in the discharge of their official duties:
i) carriers of the United States mail in rural districts,
ii) officers or guards of the penitentiary or other
institutions or camps of the State Corrections
System; and,
(iii) conservators of the peace, except that the following
conservators of the peace shall not be permitted to
carry a concealed weapon unless a permit is obtained
as provided elsewhere in this Section:
(a) Notaries Public,
(b) Registrars,
(c) Drivers, operators or other persons in charge
of any motor vehicle carrier of passengers for
hire.
Any Circuit Court, upon written application and satisfactory
proof of the good cha racter and necessity of the a ppl i can t to carry
concealed weapons, may grant permission so to do for one year. The
order granting such permission shall be entered in the Law Order Book
of such Court.
In addition to any fee charged by the Clerk of the Circuit
Court for issuance of such permit, any person filing an application
for such permit shall pay to the City Treasurer, the sum of Three
Dollars ($3.00) for services rendered in processing such application.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fourteenth day of May, 1979.
- 1 2-
(ITEM II-H.1 ITEM #13722 PLA@N!IING ITEMS
tlr. Thomas C. Broyles, Attorney, represented the applicant
VICE MAYOR MCCOY ENTERED MEETING AT 2:15 p.m.
On motion by Councilman Riggs, seconded by Councilman Baum, City Council
voted to APPROVE the following ordinance upon application of Oliver K.
and Margaret L. Joyner for a Change of Zoning District Classification
from H-2 Resort Hotel District to B-4 Resort Commercial District:
ORDINA@ICE UPON APPLICATION OF OLIVER K. AND Z0579428
MARGARET L. JOYNER FOR A CHANGE OF ZONINC,
DISTRICT CLASSIFICATION FROM H-2 Resort Hotel
District TO B-4 Resort-Commercial District
BE IT ORDAIRIED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
that:
An Ordinance upon Application of Oliver K. and Margaret L. Joyner for a
Change of Zoning District Classification from H-2 Resort Hotel District
to B-4 Resort-P.ommercial District on certain property located at the
Southeast corner of 20th Street and Pacific Avenue, running a distance
of 50 feet along the South side of 20th Street, running a distance of
140 feet along the Eastern property line, running a distance of 50 feet
along the Southern property line and running a distance of 140 feet along
the East side of Pacific Avenue. Said parcel contains .16 acre. Virginia
Beach Borough.
Approval of this request is subject to the following conditions in con-
junction 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 become effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 14 day of May 1979.
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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
- 1 3-
(ITEM II-H.2) ITE@L #13723
Mr. Thomas Kyrus represented the applicant
Mrs. Sue Hopple, resident of Bellamy Manor, appeared in opposition
On motion by Councilman McCoy, seconded by Councilman Merrick, City
Council voted to DENY the following request of Carlton E. and Josephine
N. Coppersmith for a Change of Zoning District Classification from R-5
Residential District to 0-1 Office District:
An Ordinance upon Application of Carlton E. and Josephine N. Coppersmith
for a Change of Zoning District Classification from R-5 Residential Dis-
trict to 0-1 Office District on certain property located at the Southeast
intersection of Kempsville Road and Providence Road, running a distance
of 187.83 feet along the East side of Kempsville Road, running a distance
of 107.14 feet along the Southern property line, running a distance of
187.83 feet along the Eastern property line and running a distance of
107.14 feet along the South side of Providence Road. Said parcel contains
.462 acre. Kempsville Borough
Voting: 8-3
Council Me-@nbers Voting Aye: (for denial)
F. Reid Ervin,, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Roger L. Riggs
Council Members Voting Nay:
John A. Baum, J. Curtis Payne, and Patrick L.
Standing
Council Members absent:
None
This application was denied as it was felt the proposed zoning would
initiate and promote a non-residential strip development pattern
along Providence Road.
- 1 4-
(ITEM 11-H.3) ITEM, #13724
Mr. Forest Barclift, Trustee, represented the applicant
On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE the request of the Planning Commission and the
City Manager and APPROVE the following Ordinance upon application of
Kempsville Presbyterian Church for a Conditional Use Permit for a church;
and indicated they must return to Council next week @lay 21, 1979) with
an ordinance for Council's approval indicating the Church is permitted
to own more than 4 acres of land:
ORDINANCE UPON APPLICATION OF KEMPSVILLE PRESBYTERIAN R0579245
CHURCH FOR A CONDITIONAL USE PERMIT for a church
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
that:
An ordinance upon Application of Kempsville Presbyterian Church for a
Conditional Use Permit for a church on certain property located at the
Southwest intersection of KeMpSville Road and Locke Lane, running a dis-
tance of 650.19 feet along the South side of Locke Lane, running a dis-
tance of 540.11 feet along the Western property line, running a distance
of 855.39 feet along the Southern property line and running a distance
of 350 feet along the West side of Kempsville Road. Said parcel contains
7 acres. Kempsville Borough
Approval of this request is subject to the following conditions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance
2. City water and sewer.
3. Parking at a minimum of 1 space per 5 seats or
bench seating spaces in the main auditorium.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 14 day of May 1979.
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, rleyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
05/14/79
- 1 5-
(ITEM II-H.4) ITEM #13725
Mr. Paris Burbage, owner, appeared in favor
On motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City Council
voted to uphold the recommendations of the Planning Commission and the City
Manager and APPROVE the following ordinance upon application of Kingston
Trailer Sales for a Conditional Uuse Permit for sale of mobile homes:
ORDINANCE UPON APPLICATION OF KINGSTON R0579246
TRAILER SALES FOR A CONDITIONAL USE
PERMIT FOR sale of mobile homes.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
that:
An Ordinance upon Application of Kingston Trailer Sales for a Conditional
Use Permit for sale of mobile homes on certain property located 280 feet
East of South Military Highway beginning at a point 1230 feet more or less
South of Indian River Road, running a distance of 250 feet along the
14estern property line, running a distance of 150 feet along the Southern
property line, running a distance of 250 feet along the Western property
line and running a distance of 150 feet along the Northern property line.
Said parcel contains .86 acre and is located with King's Plaza. Kempsville
Borough.
Approval of this request is subject to the following conditions in con-
junction 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 of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the JA day of May 1979.
p@
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
- 1 6-
(ITEM II-H.5) ITEM #13726
Mr. Patrick M. Badger, applicant, appeared in favor
On motion by Councilman Merrick, seconded by Councilwoman Henley, City
Council voted to uphold the recommendations of the Planning Commission
and the City Manager and APPROVE the following ordinance upon application
of Florence E. and Patrick M. Badger for a Conditional Use Permit for a
home occupation (private dressmaking):
ORDINANCE UPON APPLICATION OF FLORENCE E. AND PATRICK R0579247
M. BADGER FOR A CONDITIONAL USE PERMIT FOR A HOME
OCCUPATION (private dressmaking)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
that:
An Ordinance upon Application of Florence E. and Patrick M. Badger for a
.Conditional Use Permit for a home occupation (private dressmaking) on
certain property located on the South side of Mayview Place beginning at
a point 360 feet East of Edinburgh Drive, running a distance of 86.02 feet
along the South side of Flayview Place, running a distance of 125.48 feet
along the Eastern property line, running a distance of 80 feet along the
Southern property line and running a distance of 150 feet along the Western
property line. Said property contains .262 acre. Lynnhaven Borough
Approval of this request is subject to the following condition in con-
junction with the intended use of the land:
1. Compliance with Article 2, Section 229 of the
Comprehensive Zoning Ordinance .0ertaining to
home occupations.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 14 day of May 1979.
Voting: 11-0
Council Members Voting Aye;
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara Pi. Henley, Clarence A. Holland, J.
Henry McCoy, Jr., Donald W. tlerrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
- 1 7 -
(ITEM II-H.6) ITEM #13727
Upon motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and the City Manager and WITHDRAW the application of George T. Smith
for a variance to Section 4.4(b) of the Subdivision Ordinance.
Subdivision Variance: Appeal from Decisions of
Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision
for George T. Smith. Property located on the South
side of Sandbridge Road, 780 feet more or less West
of Colechester Road. Plats with more detailed
information are available in the Department of
Pl anning.
The applicant wishes to subdivide a 7.39-acre site.
Voting: 11-0
Council Members Voting Aye: (for withdrawal)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D.,
Vice Mayor J. Henry McCoy, Jr., D.D.S., 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
- 1 8-
(ITEM II-H.7) ITEM #13728
On motion by Councilman Merrick, seconded by Councilman Riggs,
City Council voted to uphold the recommendation of the Planning
Commission and the City Manager and ADOPT the Ordinance to amend
and reordain Article 8, Section 801, of the Comprehensive Zoning
Ordinance pertaining to USE REGULATIONS IN THE 0-1 OFFICE DISTRICT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D.,
Vice Mayor J. Henry McCoy, Jr., D.D.S., 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
- 1 9 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 8, SECTION 801, OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS IN
THE 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 8, Section 801, Use Regulations, of the
C.Z.O., is amended and reordained as follows:
(c) Conditional uses and structures. Uses and
structures hereinafter specified; subject
to compliance with the provisions of Part
C of Article 2 hereof:
(6) Off-street parking in conjunction with
permi ed uses in an adjoining busin-ess
district, provided such parking shall be
limited to that zoning lot contiguous with
the business district use for which the
parking is provided but in no event s all
SUCh ott-street park!n ore t an
'i xteoo m
two un red feet (ZUU @n to t@@ 0-1
is trict;
(7) Private clubs and lodges;
464 (8) Television or radio transmission towers
and line-of-sight relay devices.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Fourteenth day of May, 1979.
- 20 -
(ITEM II-H.8) ITEM #13728(a)
On motion by Councilman Riggs, seconded by Mayor Standing, City Council
voted to uphold the request of the City Manager, the Planning Commission
and the Viewers and ADOPT the Ordinance upon petition of the City of
Virginia Beach for the closure of a portion of 24th Street, in the
Virginia Beach Borough.
The City Manager has signed agreements indicating that once the street
is closed by Council, the property becomes the City's and will then
enable the Old Coast Guard Station to be moved to 24th Street.
APPROVAL OF THIS CLOSURE IS SUBJECT TO THE FOLLOWING STIPULATION:
1. Necessary private utility easements required for
the VEPCO facilities located within the area proposed
for closure.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D.,
Vice Mayor J. Henry McCoy, Jr., D.D.S., 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
- 21 -
BOOK 2001 PAGE 264
IN THE MATTER OF CLOSING, VACATING:
AND DISCONTINUING A PORTION OF P E T I T I 0 N
24th STREET
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
Petitioner, City of Virginia Beach, respectfully represents:
of the Code of Virginia, 1950, as amended the said petitioner applies
for the vacating, closing and discontinuing of a portion of a certain
road situate in the Borough of Virginia Beach, City of Virginia Beach,
Virginia, and described as follows:
ALL THAT CERTAIN portion of 24th Street as
appears on that certain plat entitled: "PLAT
OF PORTION OF 24TH STREET RIW TO BE VACATED BY
THE CITY OF VIRGINIA BEACH, SCALE: I'=30" DATE:
7/20/78, FREEMAN & FREEMAN ENGINEERS & SURVEYORS."
2. That no inconvenience will result to any person by reason
of the said closing, vacating and discontinuing of this portion of
said road, and petitioner prays that this Honorable Council appoint
Viewers as provided by the aforesaid Statute to view the portion of
the said road to be closed and report in writing to this Council on
or before September 25, 1 978, whether in the opi nion of the sa id
Viewer, any, and if any, what inconvenience would result from the
discontinuing of this portion of said road.
3 . T hat on the 28th day of J uly , 1 978, not ices of the
presenting of this application were posted at the Courthouse of the
Circuit Court of the City of Virginia Beach, Virginia, and at two
other public places within the said City, as evidenced by the
affidavit attached hereto, and a copy of said notice, and the landowners
along and adjacent to said street desire and request the said portion
of 24th Street to be closed.
RESPECTFULLY SUBMITTED,
/s/George L. Hanbury
George L. Han ury
City Manager
2 2-
@4 l ?C)6
AN ORDINANCE RATIFYING THE APPOINTMENT
OF VIEWERS ON AUGUST 21, 1978 RELATIVE
TO THE CLOSING OF A PORTION OF 24TH
STREET IN THE VIRGINIA BEACH BOROUGH
WHEREAS, the City of Virginia Beach has given due and
@proper notice, in accordance with the statutes for such cases
made and provided, that it would on this day apply to the City
Council of the City of Virginia Beach, Virginia, for the
appointment of viewers to view the below described prot)erty and
report in writing to the Council whether, in the opinion of
said viewers, say, and if any, what inconvenience would result
,from the discontinuing of the hereinafter described portion of
24th Street in the Virginia Beach Borough of the City of
Virginia Beach, Virginia, and have filed such at)plication with
the said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CTTY
OF VIRGINTA BEACH, VIRGINIA:
That-C. ORAL LAMBERT, JR. , GEORGE E. TINNES, ROBERT J. SCOTT
are hereby appointed to view the below described property and
report in writing to the Council on or before
whether in their opinion, any, and if any, what inconvenience
would result from the discontinuing, closing and vacating of
that certain portion of 24th Street, located in the Borough of
Virginia Beach, City of Virginia Beach, Virginia, and described
as follows:
ALL THAT CERTATN portion of 24th Street as appears
on that certain plat entitled: "PLAT OF PORTION OF
24TH STREET R/W TO BE VACATED BY THE CTTY OF VIRGINTA
BEACH, SCALE: I'=301 DATE: 7/20/78, FREEMAN
FREEMAN ENGINEERS SURVEYORS."
05/ 14/79
- 2 3 -
BOOK 2001 PAGE 267
AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A PORTION OF 24TH STREET
VIRGINIA BEACH BOROUGH, CITY OF VIRGINIA
VIRGINIA
WHEREAS, proper notice that the City of Virginia Beach, would
make application to the City Council of the City of Virginia Beach,
Virginia, to have the hereinafter portion of 24th Street closed,
vacated and discontinued as a public road of the City of Virginia
Beach was duly posted at the Courthouse of the Circuit Court and
at two publ ic pl aces in the City of Virgi ni a Beach, Vi rgi ni a , 28th
day of July 1978.
WHEREAS, the land proprietors affected thereby have been duly
notified; and,
WHEREAS, said application was made to the City Planning
Commisssion and to the City Council and pursuant to the Statutes in
such cases made and provided, the Council appointed Viewers who have
reported to the Council that no inconvenience to the public or to
private individuals would result from such closing, vacating and
discontinuance; and,
WHEREAS, the City Planning Commission after proper notice and
hearing, has reported thereon to the Council; and,
WHEREAS, it is the judgment of the Council that said portion
of 24th Street should be closed, vacated and discontinued; now
therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That the certain portion of said road described as follows
in the Virginia Beach Borough of the City of Virginia Beach is hereby
closed, vacated and discontinued as a public road of the City of
Virginia Beach, said certain portion of road not being needed for
public use and travel.
- 24-
BOOK 2001 PAGE 268
ALL THAT CERTAIN portion of 24th Street as
appears on that certain plat entitled: "PLAT
OF PORTION OF 24TH STREET R/W TO BE VACATED BY
THE CITY OF VIRGINIA BEACH, SCALE: I'=30" DATE:
7/20/78, FREEMAN & FREEMAN ENGINEERS & SURVEYORS."
2. That 30 days after this date a copy of this Ordinance,
certified by the Clerk, be spread upon the public records in the
Clerk's Office of the Circuit Court of the City of Virginia Beach
and indexed in like manner as a deed to lands.
Adopted by the Council of the City of Virginia Beach,
Vi rgi ni a , on the Fourteen th day of May, 1 978.
- 2 5-
(ITEM II-I.l.a) ITEM #13729 ORDINANCES - GENERAL
Attorney Grover C. Wright, Jr., represented the applicants
The requested encroachment is on the NORTHWEST corner of 12th Street
and Atlantic Avenue.
On motion by Councilman Riggs, seconded by Councilman Baum, City Council
voted to uphold the recommendation of the Department of Public Works and
the City Manager and ADOPT the Ordinance to authorize the construction
and maintenance of temporary encroachments into a portion of the right-
of-way of Atlantic Avenue and 12th Street in Virginia Beach Borough,
Virginia Beach, Virginia, to Cleo Galatis and Richard D. Dunnington;
approval is subject to the following stipulations:
1. Entire sidewalk on 12th Street is to be reconstructed
and curbing replaced to allow complete sidewalk from
the encroachment to the curbing.
2 . Placing ascreening fence around the freezers. (The
screening fences are to be approved by the Department
of Planning).
Voting: 8-3
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, M.D., Vice Mayor J. Henry
McCoy, Jr., D.D.S., J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, Donald W. Merrick, and Meyera
E. Oberndorf
Council Members Absent:
None
- 26 -
BOOK 1965 PAGE 73
3 3 5 87
AN ORDINANCE TO AUTHORIZE THE CONSTRUCTION
AND MAINTENANCE OF TEMPORARY ENCROACHMENTS
INTO A PORTION OF THE RIGHT-OF-WAY OF ATLANTIC
AVENUE AND 12TH STREET IN VIRGINIA BEACH BOROUGH,
VIRGINIA BEACH, VIRGINIA, TO CLEO GALATIS AND
RICHARD D. DUNNINGTON
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof contained
in Sections 15.1-893 and 15.1-376 of the Code of Virginia of 1950, as
amended, Cleo Galatis, owner, and Richard D. Dunnington, tenant,
occupant and operator, hereinafter called the Licensee, jointly and
severally, and collectively referred to as the Licensee, be, and they
are, authorized to construct, maintain and remove temporary encroach-
ments in the City right-of-way of 12th Street and Atlantic Avenue for
the purpose of constructing and maintaining appendages to the restaurant
building known as The Raven Restaurant, located at the northwest
intersection of 12th Street and Atlantic Avenue, Virginia Beach,
Virginia, said appendages consisting of a canopy covered area, a brick
pl an ter , wal k-in f reezers and a screen i ng fence, as sh own on a certain
plat entitled "Physical Survey of the Southern 901 of Lots 11 and 13,
Block 13, Virginia Beach Development Co., for Richard Dunnington",
dated March 20, 1979, made by Marsh and Basgier Incorporated, P.C.,
a copy of which is attached hereto and the construction, maintenance
and removal thereof shall be in accord with the City Planning
Department's specifications and approval;
PROVIDED, HOWEVER, that the temporary encroachments herein
authorized shall terminate upon notice by the City of Virginia Beach
in writing to either Cleo Galatis or Richard D. Dunnington and that
within 60 days after such notice is given, such temporary encroach-
ments shall be removed from the City rights-of-way of 12th Street and
Atlantic Avenue by the Licensee, their agents, servents or employees,
and the Licensee shall bear all costs and
- 2 7-
@nox t96.5 pAcE 74
expenses of such removal; and
PROVIDED FURTHER, that it is expressly understood
and agreed that the Licensee shall indemnify and hold harmless
the City of Virginia Beach, its agents, servants and employees,
from and against all claims, damages, losses and expenses,
including reasonable attorneys fees in case it shall be necessary
to file or defend an action arising out of the location or
existence of such temporary encroachments; and
PROVIDED FURTHER, that nothing herein contained shall
be construed to enlarge such permission and authority to permit
the maintenance or construction of any encroachment other than
those specified herein and to the limited extent specified herein,
nor to permit the maintenance or construction of any encroachments
by anyone other than the Licensee; and
PROVIDED FURTHER, that the City of Virginia Beach, upon
revocation o@- such authority and permission so granted herein, may
remove any such encroachment and charge the cost thereof to
Licensee and collect the cost in any manner provided by law for
the collection of local or state taxes; may require the Licensee
to reriove such temporary encroachments; and pending such removal,
the City of Virginia Beach, Virginia may charge the Licensee
compensation for the use of such portion of the streets encroached
upon the equivalent of what would be the real property tax upon
the land so occupied if it were owned by the Licensee; and if such
removal shall not be made within the time ordered by the City
pursuant to this ordinance, the City may impose a penalty in the
sum of $100 per day for each and every day that such encroachments
are allowed to continue thereafter and shall collect such compensa-
tion and penalities in any manner provided by law for the collection
of local or state taxes.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on the 14 day of May 1979.
05/ 14/ 79
- 28-
(ITEM II-I.2.a) ITEM #13730 SECOND READINGS
On motion by Councilman Ervin, seconded by Mayor Standing, City
Council voted to ADOPT ON SECOND READING the Ordinance to appropriate
additional funds for the Clean Community System Program, in the
amount of $2,070.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D.,
Vice Mayor J. Henry McCoy, Jr., D.D.S., 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
- 2 9-
AN ORDINANCE TO APPROPRIATE
ADDITIONAL FUNDS FOR THE
CLEAN COMMUNITY SYSTEM PROGRAM
WHEREAS, City Council approved the second year funding of the
Clean Community System Program on December 18, 1978, in the amount
of $1 5, 507; and,
WHEREAS, the State Department of Conservation and Economic
Development, Division of Litter Control, will provide additional
second year funds in the amount of $2,070.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the
additional funds for the City, and the funds are hereby appropriated
for the following purpose:
Estimated Revenue Total
From Other Agencies
Clean Community
System Program $2,070 $2,070
BE IT FURTHER ORDAINED that the appropriations be financed by
$2,070 Estimated Revenue from the State Department of Conservation
and Economic Development.
FIRST READING: May 7, 1979
SECOND READING: May 14, 1979
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fourteenth day of May, 1979.
- 30 -
(ITEM II-I.2.b) ITEM #13731
On motion by Councilman Holland, seconded by Vice Mayor McCoy, City
Council voted to ADOPT ON SECOWD READING the Ordinance to accept and
appropriate $200,000 for the implementation of a demonstration
pavement marking program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D.,
Vice Mayor J. Henry McCoy, Jr., D.D.S., 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
- 31-
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $200,000 FOR THE
IMPLEMENTATION OF A DEMONSTRATION
PAVEMENT MARKING PROGRAM
WHEREAS, the City of Virginia Beach wishes to improve the
safety of its streets, highways, and schools, railroad and
pedestrian crossings; and,
WHEREAS, the Virginia Department of Highways and Transportation
(VDHT) has approved necessary funding for implementing a program to
realize this objective.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept this funding
for the City, and funds are hereby appropriated for the following
purpose:
Estimated Revenue Total
From Other Agencies Appropriations
Demonstration Pavement Marking
Program $200,000 $200,000
That the appropriation will be financed by $200,000 estimated
revenue from the VDHT, with no local match required.
FIRST READING: May 7, 1979
SECOND READING: May 14, 1979
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fourteenth day of May, 1979.
- 3 2-
(ITEM II-I.2.c) ITEM #13732
AN ORDINANCE TO APPROPRIATE $14,500
FOR RIGHT-OF-WAY IMPROVEMENTS IN THE
CROATAN BEACH/CAMP PENDLETON AREA
WHEREAS, the CitY of Virginia Beach has entered into an
agreement with the Department of Military Affairs, Commonwealth of
Virginia whereby the City has obtained permission to use the beach
at Camp Pendleton as public beach on a daily basis from May 20, 1979
to September 15, 1979, excluding days (July 16-26, 1979) when the Beach
will be used for military activity; and,
WHEREAS, street improvements are needed in the area in order to
have proper access leading to the Camp Pendleton Beach Parking Lot
and the beach; and,
WHEREAS, the cost of these improvements which consist of
upgrading existing pavement on Vanderbilt Avenue from Maryland
Avenue to Camp Pendleton and laying new pavement on Lockh,ed Avenue
between Vanderbilt Avenue and S. Atlantic Avenue is estimated at
$1 4 , 500.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds in the amount of $14,500 be appropriated
from the General Fund Balance for the purpose of making the necessary
right-of-way improvements in the Croatan Beach/Camp Pendleton Area.
FIRST READING: , 1979
SECOND READING: May 14, 1979
Adopted by the Council of the City of Virginia Beach, Virginia
on the FoUrteenth day of May, 1979.
- 3 3 -
Mr. H. Jack Jennings appeared in favor of the above ordinance.
Mr. Michael Ashe, Attorney, appeared in opposition of the above
ordinance, represented the Croatan Property Owners Association.
On motion by Councilman Baum, seconded by Councilman Holland, City Council
voted to APPROVE on SECOND READING the above ordinance to appropriate
$14,500 for right-of-way improvements in the Croatan Beach/Camp Pendleton
Area; and further voted to APPROVE on SECOND READING the ratification of the
City Manager's signature of the agreement.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
tIcCoy, Jr., J. Curtis Payne, Roger L. Riggs, and
Patrick L. Standing
Council Members Voting Nay:
Donald W. Merrick, and tleyera E. Oberndorf
Council Members absent:
None
(ITEM II-2.c.1) ITEM #13733
THIS ITEM AND ITEM #13734 WERE VOTED ON As ONE.
The following bids have been received for Westview Village, Phase II,
Knob Hill, in the Kempsville Borough - Contract I
Carter-Bell Corporation $470,558.00
Utility Builders, Inc. 477,251.00
Major T. Archbell, Inc. 495,939.00
Suburban Grading & Utilities, Inc. 520,179.60
Vico Construction Corporation 528,888.77
M. E. Wilkins, Inc. 539,830.00
A & W Contractors, Inc. 565,203.00
Engineer's Estimate $531,000.00
On motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council
voted to APPROVE the low bid of Carter Bell Corporation, in the amount of
$470,558.00 for liestview Village, Phase II, Knob Hill, Kempsville Borough -
Contract 1; and further voted to authorize the City Manager to enter into
the necessary agreements in order to implement this project.
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, Patrick L. Standing
Council Members Voting Nay:
None
- 34 -
Council Members absent:
None
(ITEM II-I-2.c.1) ITEM #13734
The following bids have been received for Westview Village, Phase II,
Knob Hill, Kempsville Borough - Contract II:
GAVCO Corporation $132,231.00
Van de Riet Construction
Company, Inc. 138,940.00
Engineer's Estimate $125,000.00
On motion by Vice Nayor McCoy, seconded by Councilman Holland, City
Council voted to APPROVE the low bid of GAVCO Corporation, in the
amount of $132,231.00 for Westview Village, Phase II, Knob Hill,
Contract II, in the Kempsville Borough; and further voted to authorize
the City Manager to enter into the necessary agreements in order to
implement this project.
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-I.2.c.2) ITEM #13735
THIS ITEM AND ITEM #13736 WERE VOTED ON AS ONE
The following bids have been received for the Lakeview Shores
Subdivision Sewage Collection System in the Bayside Borough
Contract I:
Major T. Archbell, Inc. $692,766.10
Vico Construction Company 733,901.22
A & W Contractors, Inc. 791,988.50
Suburban Grading & Utilities, Inc. 814,190.46
Floyd B. Smith Contracting, Inc. 831,107.70
W. R. Hall, Jr. 870,118.20
Engineer's Estimate $745,056.00
On motion by Councilman Holland, seconded by Councilman Merrick, City Council
voted to APPROVE the low bid Major T. Archbell, Inc., for the Lakeview Shores
Subdivision Sewage Collection System in the Bayside Borough, Contract I;
and further authorized the City Manager to execute the necessary agreements
to implement this project.
3 5-
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-I.2.c.2) ITEM #13736
The following bids have been received for the Lakeview Shores Subdivision
Sewage Collection System, Bayside Borough, Contract II:
Crowder Contracting Company $57,300.00
Van de Riet Construction Co. , Inc. 61,223.00
Hunt Contracting Company 74,768.00
W. B. Meredith, II, Inc. 82,000.00
Gavco Corporation 91,000.00
Engineer's Estimate $80,000.00
On motion by Councilman Holland, seconded by Councilman Merrick, City
Council voted to APPROVE the low bid of Crowder Contracting Company,
in the amount of $57,300.00, for the Lakeview Shores Subdivision
Sewage Collection System, Bayside Borough, Contract II; and further
voted to authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
Voting: 11-0
Council Members Voting kve:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald W. @lerrick, Mevera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
- 3 6 -
(ITEM II-1.3.a) ITEM #13737
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-33(D) OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
RELATING TO THE AREAS WHERE SURFING
IS PERMITTED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 6.33(d) of the Code of the City of Virginia Beach,
Virginia, shall be amended as follows:
(d) In the areas north of the northern line of Camp Pendleton to the
southern boundary of Fort Story, between the hours of sunrise and
sunset; except, that between the period May 15th through September
30th, surfing is not permitted between the hours of 10:00 a.m. and
5:00 p.m. Surfing is permitted in the area three hundred (300)
feet north of the centerline of 3rd Street prolongated eastward
extending one hundred (100) feet north of the centerline of 5th
Street prolongated eastward and in the area eight hundred (800)
feet south of the southern jetty of Rudee Inlet and in the area
five hundred (500) feet north of the northern jetty of Rudee
Inlet between sunrise and sunset.
This Ordinance shall be in effect on and after date of adoption.
Adopted by the Council of the City of Virginia Beach on the
Fourteenth day of May, 1979.
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Mr. H. Jack Jennings requested deferral of this Ordinance
On motion by Councilman Ervin, seconded by Councilman Riggs, City
Council voted to uphold the recommendations of the City Manager
and ADOPT the Ordinance to amend and reordain Section 6-33 (d) of
the Code of the City of Virginia Beach, Virginia, relating to the
AREAS WHERE SURFING IS PERMITTED; and, further voted to DEFER THE
IMPLEMENTATION OF THE ORDINANCE UNTIL THE PILINGS ARE REMOVED FROM
THE OLD FISHING PIER.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, M.D., Vice Mayor J. Henry
McCoy, Jr., D.D.S., J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, Donald W. Merrick, and Meyera
E. Oberndorf
Council Members Absent:
None
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(ITEM II-J.1) ITEM #13738 ADDITIONAL ACTION ITEMS
On motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to uphold the recommendations of the City Manager and
AUTHORIZE him to sign the following letter of intent and forward same
to the Southeastern Public Service Authority (SPSA) with the following
correction:
First paragraph - ninth and tenth lines -
states "obtained by the City of Virginia
Beach concerning ash and residue with
your organi zation"
Changed to "APPROVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH CONCERNING ASH AND
RESIDUE WITH YOUR ORGANIZATION."
Southeastern Public Service Authority
of Virginia
Sui te 1 27
18 Koger Executive Center
Norfolk, Virginia 23502
Gentlemen:
As authorized by the City Council of Virginia Beach,
Virginia, I am writing to advise that the form of agreement with
SPSA entitled "Agreement for Use and Support of a Solid Waste Resource
Recovery and Disposal System" has been approved by this Council and
this City will execute such agreement promptly after the effective date
of the amendment to the Virginia Water and Sewer Authority's Act as set
forth in House Bill No. 1324 of 1979 Session of the Virginia General
Assembly which authorizes and mandates such action. However, such
execution is contingent upon a satisfactory agreement being approved
by the City Council of the City of Virginia Beach concerning ash and
residue with your organization.
It is understood that such Agreement covering the City
of Virginia Beach's participation in the recovery and disposal system
will not become effective until commercial start-up of the disposal
system as defined in Article II, Paragraph I, of the Agreement has
begun .
Very truly yours,
George L. Hanbury
City Manager
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Voting 8- 3
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Clarence A. Holland, M.D., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Mayor
Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell, Vice Mayor J. Henry McCoy,
Jr., D.D.S., and Roger L. Riggs
Council Members Absent:
None
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(ITEM II-K.a.1) ITEM #13739 BOARDS AND COMMISSIONS
On motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council voted to APPOINT Robert J. Scott to the CITY'S LIAISON TO
VIRGINIA LEGISLATIVE SERVICES.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D.,
Vice Mayor J. Henry McCoy, Jr., D.D.S., 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
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(ITEM II-K.a.5) ITEM #13740
On motion by Councilman Merrick, seconded by Councilman Ferrell,
City Council voted to REAPPOINT/APPOINT the following to the
VIRGINIA BEACH ARTS AND HUMANITIES COMMISSION:
Reappointed: Mr. Henry Clark - 2 year term - beginning
July 1, 1979 and terminating June 30, 1981
Mrs. Harace G. McManus - 2 year term -
beginning July 1, 1979 and terminating
June 30, 1981
Mrs. John W. Musick - 2 year term -
beginning July 1, 1979 and terminating
June 30, 1981
Mrs. C. E. Upton, Jr., - 2 year term -
beginning July 1, 1979 and terminating
June 30, 1981
Appointed: Mr. James W. Roebuck - 2 year term -
beginning July 1, 1979 and terminating
June 30, 1981
Mr. A. Lee Lively - Unexpired term of
Wylie Cooke, Jr., (resigned) terminating
June 30, 1980
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D.,
Vice Mayor J. Henry McCoy, Jr., D.D.S., 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
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(ITEM II-K.a.2) ITEM #13741
On motion by Vice Mayor McCoy, seconded by Councilman Payne, City
Council voted to APPOINT Dr. M, Bagley Walker, Sr., to the EASTERN
VIRGINIA MEDICAL AUTHORITY for a three (3) year term beginning June 1,
1979 and terminating May 30, 1982.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D.,
Vice Mayor J. Henry McCoy, Jr., D.D.S., 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
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(ITEM II-K.a.6) ITEM #13742
On motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to APPOINT Mrs. Josephine "Jo" Miles to the
COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION SERVICES BOARD for a
term of 31/2 years, beginning July 1, 1979 and terminating December 31,
1982.
Voting: 11-0
Council riembers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald ',4. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
(ITEM II-L) ITEM #13743 OLD BUSINESS
On motion by Councilman Riggs, seconded by Vice Mayor McCoy, City Council
voted to DEFER the hearing of Mr. Ernest F. Kerekes regarding sewage hook
up in Ballylinn Farms until June 4, 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
!IcCoy, 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
ITEM #13744
On motion by Councilman Ervin, seconded by Councilman Ferrell, City Council
adjourned at 4:30 p.m.
Ruth Hodges Smlth, City Clerk I-Mh-yor Standi,,g
City of Virginia Beach,
Virginia
May 14, 1979