HomeMy WebLinkAboutMAY 21, 1979
CITY OF VIRGINII BEICI
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, L.,g@ CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gb
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,,ill, B@,..gb DONALD W. MERRICK, Ly.@b. @ B@,..gb
JOHN A. BAUM, B.,..gb MEYERA E. OBERNDORF, A, L.,g@
F. REID ERVIN, A, L.,g, 1. CURTIS PA YNE, P,i@,@,, A@@@ B .... gb
GEORGE R. FERRELL, A, L.,g@ ROGER L. R[GGS, Vi,gi@i. B@.,b B.,@.gh
BARBARA M. HENLEY, P-g. B.,@gh RU7 11 TIODGEN SMITH, Cily Cl@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: Monday, 21 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
1. Emergency Medical Servicet of Virginia Beach:
Public awareness slide presentation
2. Community Survey: Discussion of recently com-
pleted survey.
3. Police Officers: Discussion of two-step salary
increase - requested by Councilman Merrick.
ITEM II FORMAL SESSION: Monday, 21 May 1979 - 2:00 p.m.
A. INVOCATION - Reverend Grover E. Berry
Salem United Methodist Church
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF REGULAR PREVIOUS MEETING
1. Motion to accept/approve the Minutes of 14 May 1979
E. RESOLUTIONS - None
F. PUBLIC HEARINGS - None
G. CONSETIT 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.
ITEM II G. CONSENT AGENDA
1. Letter from the City Manager recommending that
City Council approve the ordinance to authorize
a temporary encroachment into a portion of the
right-of-way of Silina Drive tc) Princess Anne
Civic League; and
The ordinance authorizing a temporary encroach-
ment into a portion of the right-of-way of
South Plaza Trail to Princess Anne Civic League.
2. Letter from the City Manager indicating that
Grover C. Wright, Jr., attorney as requested an
additional three-week deferral of the ordinance
to authorize a temporary encroachment into a
portion of the right-of-way of 31st Street to
Greenco Corporation; and
the request by Greenco Corporation for a Con-
ditional Use Permit for a recreational facility
of an outdoor nature on a .2 acre parcel which
consists of what is now 31st Street, between
Atlantic Avenue and the Oceanfront (Virginia
Beach Borough). **These items were deferred
for two weeks on May 7, 1979.
3. Letter from the City Manager recommending that
City Council approve the request of Mr. John T.
Atkinson, City Treasurer, for authoriziation to
charge off uncollectable checks in the amount of
$343.00.
4. Letter from the City Manager recommending that
City Council approve the request of Cox High
School Booster Club for a raffle permit.
H. PLANNING ITEMS
1. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
denial of the application of Rose E. Bissett
for a change of zoning from R-4 Residential
District to B-2 Community-Business District on
a .36 acre parcel located at the northwest
corner of Great Neck Road and North Lakeside
Drive (Lynnhaven Borough).
2. Letter from the City Manager transmitting the
recommendation of the Planning Commission to
allow withdrawal of the application of Parker
Industries for changes of zoning from R-1 Re-
sidential District to R-2 Residential District
for three parcels totalling 15.7 acres. These
parcels are located at the terminus of Harris
Road (Lynnhaven Borough).
3. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
approval of the application of DeMille Enter-
prises for a change of zoning from A-2 Apart-
ment District to B-2 Community Business Dis-
trict on a 17.121 acre parcel located on the
east side of Lynnhaven Parkway, north of Magic
Hollow Boulevard (Princess Anne Borough).
ITEM II H. PLANNING ITEMS
4. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
approval of the application of Robert W. Ham,
Lowe's Com pan i es , Inc . for a conditi onal use
permit for outdoor storage for accessory use
to sales on a 4.19 acre parcel located on the
north side of Bonney Road, southeast of Inde-
pendence Boulevard (Kempsville Borough).
5. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
approval of the application of Tracy Leon Moon
for a conditional use permit for a bicycle ren-
tal on a 7,500 square foot parcel located on the
east side of Atlantic Avenue, north of 21st
Street (Virginia Beach Borough).
6. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
denial of the application of C. W. and V. H.
Hutchinson, Jr., for a conditional use permit
for a bulk-storage yard and building contractor's
yard on a 1.615 acre parcel located on the south
side of Connie Lane, east of Lawrence Drive
(Bayside Borough).
7. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
denial of the application of John D. Holland,
Jr., and Rita H. Joyner for a change of zoning
from R-6 Residential District to B-2 Community-
Business District on a .285 acre parcel located
on the east side of Witchduck Road, south of
Erskine Street (Bayside Borough). Deferred for
60 days on March 19, 1979.
8. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
denial of the application of Eric C. and Pat-
ricia F. Smith for a change of zoning from R-
5 Residential District to 0-1 Office District
on a .24 acre parcel located on the south side
of Larry Avenue, east of Newtown Road (Bayside
Borough). **Deferred for four weeks on April
9, 1979 and for two weeks on tlay 7, 1979.
I. ORDINANCES
1. Planning
a. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
approval of the ordinance to amend and reor-
dain Article 1, Section Ill of the CZO pertain-
ing to definitions.
b. Letter from the City Manager recommending a
three week deferral for further study, and
transmitting the recommendation of the Planning
Commission for approval, of the ordinance to
amend and reordain Article 2, Sections 200, 202
and 203 of the CZO pertaining to general re-
quirements and procedures.
ITEM II I. PLANNING ITEMS
2. In general - None
3. Second Readings - None
4. riatio@
a. First readings
1. Letter from the City Manager recommending
that City Council approve the ordinance,
on first reading, to adjust appropriations
for second and third years' funding for the
Community Development Block Grant Program
in the amount of $2,280,000; and
The ordinance, on first reading, to accept
$1,973,000 from the Department of Housing
and Urban Development and to appropriate
these funds.
b. Bids - None
c. Grants - None
5. Code Amendments - none
J. ADDITIONAL ACTION ITEMS - None
K. UNFINISHED BUSINESS
1. Boards and/or Commissions
L. OLD BUSINESS
1. Citizen's Advisory Committee for Housing and
Community Development - Reverend Barnett Thorogood
M. NEW BUSINESS.
N. Adjournment.
1. Motion for adjournment.
Minutes of the Honorable rity Council
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
May 21, 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
Coni'erence Room, in the i@dministration Building, on Monday, May 21,
1979, at 1:00 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara ti. Henley, J. @lenry McCoy, Jr., Donald
W. Merrick, Meyera E. Oberndorf, J. Curtis Pa,,/ne,
Roger L. Riggs, and Patrick L. Standing
Council Members Absent:
Clarence A. Holland
ITEM #13745
Mayor Standing entertained a motion to perriit 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, denotion, 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 l,ublic purpose, or other disposition
of publicly held propert.y. (Acquisition, use or di positi n@of
u@licly he oert )
3. Consultation with legal counsel and briefing by staff
members, consultants, or attorneys pertaining to actual or
potential litigation, or other legal Matters within the
jurisdiction of the public body. (Legal Matters).
On motion by Councilman Merrick, seconded by Vice Mayor McCoy, City Council
voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick
L. Standing
Council tiembers Voting 'lay:
None
5/21/79
-2-
Council Members absent:
Clarence A. Holland
PROCLAMAI-ION ITEM #13746
Councilwoman Oberndorf presented to the Mayor a Proclamation, on behalf
of the NAACP, regarding the 25th anniversary of Brown v. Board of
Education:
Whereas, flie U.ited-Stat@s -S.p,@-e C..rt i,@ its liisf.,ic
1954 decision in Brow. v. Board of Education held that
segregafion in public education is unco.stitutional; and,
Whereas, it se,ved as the catalyst fo, the @hifting of
judicial sanctions from that of segregation to desegregation and
the elimination of legal barriers to equal opportunities; and,
Whereas, Brown formed the basis for enactment of the
Civil Right@ Act of 1964, 1965 nd 1968, theret)y pov . 1.
taing
g,eater assurance of equal opportunity in employment, equal
.Cc@ss to public accom-odations, housing and desegregated
education; and,
Whereas, there continues to be opposition to desegregation
at many levels of lif@ ancl the momentum of the equality of
opportunity in all aspects of public life is decelerafed; and,
Wliereas, despite the removal of the mo,e overt legal
ba,riers blacks are still f.ced -ith resista.c@, to me.ningful
implementation of these civil rights laws by officials and
individuals who publicly profess belief in the spirit and fhe
letter of the law as pronounced in B@own; and,
Whereas, this is the 25th anniversary of B,own v. Board
of Education,
We hereby proclaim May 17, 1979 as a clay for all
citizens to rededicate themselves to the ideals and principles of
equality and justice particularly at a time wtien this notion
should be attemnting to fransfer ibe noble pronouncement of
Brown into reatifies,
We further call upon all elected officials and citizens to
exert active individual leadership in making eqijalitv a reality
for all Americans. This leadership action should include an
objective analysis of the existing quality of edtic.tion in all
communities, and specific steps, time tables aild funding
so.rces to i-pl.-eni effecli@e public @,l@@cati.n -hi@h -as
clearkv th@ foundation of the Brown decision.
5/21/79
Y 1979
MAY 17th OBSERVANCE
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE
1790 Broad"y - N.@ Yo,k, N.Y. 10019
ITEM #13747
Councilman Riggs read a letter from Mr. Pete Franklin thanking the
Department of Public Lltilities for their prompt action of May 16,
1979, when a water main burst in front of his home. Mr. Franklin
is on a Dialysis Machine.
ITEM #13748
Councilman Ervin requested the encroachment into 31st Street and the
conditional use permit, both requested by Greenco Corporation, be
taken off the Consent Agenda and placed on the regular agenda as
there are several people who wish to speak on the matter.
Mr. Grover C. Wright, Jr., Attorney, had requested an additional
three (3) weeks deferral in this matter.
EMERGENCY MEDICAL SERVICES ITEV, #13749
COUNCILMAN HOLLAND E@ITER-ED MEETITIG AT 1:05 p.m.
The City Manager indicated that as Council is aware the Rescue Squads
of Virginia Beach are 100% volunteer, except for the maintenance and
gasoline supplies received from the City of Virginia Beach.
The Rescue Council presented a slide presentation to give Council a
better understanding of the Rescue Council and the Rescue Squads.
The City Manager introduced Mr. Bruce Edwards, Emergency Medical Services,
who provided the slide .0resentation for Council.
Mr. Edwards introduced Mr. Roy Williamson, President of the Rescue
Council.
Mr. Williamson indicated he and Mr. Edwards appreciated the opportunity
to speak to Council, and thanked the City Manager for his support in
aiding the Emergency Medical Services and the Rescue Council.
rOMMUNITY SURVEY ITEM #13750
The City Manager indicated that in October, 1978, Council authorized
a Community Survey, The report has been compiled, tables have been
tabulated, individuals have been interviewed. The report gives good
data to City Council with regards to the Comprehensive Plan Council
will be considering in the future.
The City Manager further indicated that because of the City's rapid turnover
in population, and increase in population each year, the consultants found
they were explaining to many individuals services that 4ere offered to the
public by the City of Virginia Beach.
5/21/79
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POLICE OFFICERS ITEM #13751
The City Manager indicated that if Councilman Merrick's request that
an immediate 10% increase be given to all police officers is approved
by Council then ALL police officers will receive the 10"' increase, in
addition to what has already been approved by Council in the 1979-80
budget. All new police officers will be required to have an Associates
Degree in law enforcement or criminology; and those officers who do not
have their degrees will be given five (5) years in which to obtain that
degree; however, if the degree is not obtained by that time they will be
frozen in grade until they do obtain such a degree.
If the motion is adopted the present Educational Incentive Progran will
be amended to eliminate the $600 annual benefit given to police officers
for an associate degree; however, the City will continue with the benefits
for bachelor and masters degrees, that being $200 for a bachelor's degree
and $400 for a master's degree.
If the proposed ordinance is approved each police officer will receive
a two (2) step increase:
Title Old Range New Range
1505 Police Officer 43 45
1506 Police Office-Detective 44 46
1507 Master Police Officer 45 47
1510 Police Sergeant 48 50
1515 Police Lieutenant 51 53
1520 Police Captain 55 57
1523 Police taajor 58 60
Councilman Merrick requested this matter be placed on the FORRIAL @IEETING
AGENDA under Ordinances.
Councilwoman Oberndorf requested that hazardous duty pay be given to
POLIIIE and FIRE in the form of one (1) pay increase on July I for sworn
police and fire and retain the Educational Incentive Program; and further
to study raising the educational requirements for both police and fire.
5/21/79
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FORMAL SESSION
ITEIO. #13752
Monday, May 9.1
2:20 p.rn.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. llenry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members absent:
None
INVOCATION was given by the Reverend Grover E. Berry, Salem United
Methodist Church.
PLEDGE OF ALLEGIANCE
MAYOR'S YOUTH COUNCIL ITE@L #13752
Mrs. Willa Redding, Administrative Assistant to the Mayor, read the following
Certificate of Appreciation and presented same to Mayor's Youth Council
Kiin Schneider Mike Cunningham
Cynthia Rentz Katie Whelahan City Manager
Chris Black Lora Everton
Tim Consolvo Milanie Llorin
Sally Scarborough Dawn Watson
Mike LeClair Kathy Kuhn
Becky Potter Desiree Baylor Youth @layor
Tricia Sykes
Special Certificates were presented to:
Katie Whelahan - Youth Council City Manager
Milanie Llorin - Dialing for Jobs Program, 1978
Tricia Sykes - Dialing for Jobs Program, 1978-79
Miss Desiree Baylor, Youth Mayor, spoke before Council regarding the
projects, etc., the MAYOR'S YOUTH COUNCIL has been involved in. The
Youth Council is an advisory group to the youth in the City of Virginia
Beach and all members have worked hard to accomplish the goals they
set.
The Council has discussed with Mr. Robert DeFord, Chairman of the Virginia
Beach School Board, the possibility of having a Youth Advisory Committee
work with the School Board Members; conducted a transportation survey
with the Transportation section of the Department of Planning. The survey
was done on the Sunshine Special and will be used in conjunction with
changes to be made next year.
5/?I/79
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Miss Baylor introduced the new Youth Council Officers for 1979-80:
Chris Black - City Clerk
Tricia Sykes - City Manager
Milanie Llorin - Youth Mayor
Mayor Standing presented Miss Baylor with a gavel of the City of
Virginia Beach.
(ITEM II-D.1) ITEM #13753 MINUTES
On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell,
City Council voted to approve the minutes of the regular meeting of
May 14, 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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
5/21/79
-7-
.7f3.9s AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF SILINA DRIVE TO
PRINCESS ANNE PLAZA CIVIC LEAGUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THAT:
That pursuant to the authority and to the extent thereof contained in
Section 15.1-893, Code of Virginia, 1950, as amended, the Princess Anne
Plaza Civic League is authorized to erect and maintain a temporary
encroachment into a portion of the City right-of-way of Silina Drive.
That the temporary encroachment herein authorized is for the
purpose of erecting a community identification sign and that said sign
shall be erected in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of the
City's right-of-way known as Silina Drive, as
designated denotes area of encroachment, as
shown on that certain plat entitled, "Plat
Showing Right-Of-Way Encroachment into a
Portion of Silina Drive Granted to Princess
Anne Plaza Civic League, Lynnhaven Borough,
Virginia Beach, Virginia", dated April 18,
1979, made by Bureau of Surveys and Mapping,
Engineering Division, Department of Public
Works, City of Virginia Beach, Virginia, a
copy of which is attached hereto and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia Beach
to any officer of Princess Anne Plaza Civic League and that within
ten (10) days after such notice is given, said sign shall be removed
from the City right-of-way of Silina Drive by the Princess Anne Plaza
Civic League, and that the Princess Anne Plaza Civic League shall bear
all costs and expenses of such removal ; and,
PROVIDED, FURTHER, that it is expressly understood and agreed
that the Princess Anne Plaza Civic League shall indemnify and hold
harmless the City of Virginia Beach, its agents and employees from and
5/21/79
VIRG In the Clek's Office o/ ibe Circ.it Co.,t .1 Vigi.i. Beacb.1 day
-8-
P4,,@i?55
against all claims, damages, losses and expenses, including reasonable
attorney's fees, in case it shall be necessary to file or defend an
action arising out of the location or existence of such signs; and,
PROVIDED, FURTHER, that this Ordinance shall not be in effect
until such time that the Princess Anne Plaza Civic League executes an
agreement with the City of Virginia Beach encompassing the aforementioned
provisions.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 day of May, 1979.
Upon motion by Vice Mayor McCoy, seconded by Councilman Baum, City
Council voted to APPROVE the above Ordinance to authorize a temporary
encroachment into a portion of the right-of-way of Silina Drive to
Princess Anne Plaza Civic League; subject to the following conditions:
1. The civic league agrees to remove the sign if and
when they conflict with future highway improvements.
2. All maintenance of the signs must be undertaken
by the civic league.
3. The Civic league will have to obtain the necessary
highway permits from the Highway Division.
4. Thc City shall be held harmless from all claims or
damages pertaining to these encroachments.
5. The signs shall be erected in compliance with the
City's Public Works specifications as to sizen, alignment,
and location.
6. The signs must be removed upon ten days written notice
from the City, and Princess Anne Plaza Civic League shall
bear all expenses for such removal.
11-0
x Council@,Members Voting Aye:
7john A. Baum, F. Reid Ervin, George R. Ferrell,
-Barbara M. Henley, Clarence A. Holland, J.@Henry
McCoy, Jr., Donald W. Merrick, tleyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
@6@,-u @'i IMembers Voting Nay:
n
@4one
Council Members Absent:
None
5/21/79
VIRGI@: In tbe Cle,k's Oflice o/ the Ci,cuit Cou,t o/ Vi,gi.ia Beach.,..I.. @.dy
Oi 19 hi@ i@,@.e@, ..s eceived and p.@ th,
2 t
... ... . . .....
-9-
0 13 PA@ c- @,-,3
ORDINANCE AUTHORIZING A TEMPORARY ENCROACHMENT
78!)7 INTO A PORTION OF THE RIGHT-OF-WAY OF SOUTH
PLAZA TRAIL TO PRINCESS ANNE PLAZA CIVIC LEAGUE
BE IT ORDAINED BY THE COUNCIL OF TliE CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained
in Section 15.1-893, Code of Virginia, 1950, as amended, the Princess Anne
Plaza Civic League is authorized to erect and maintain a temporary encroachment
into a portion of the City's right-of-way of South Plaza Trail.
That the temporary encroachment herein authorized is for the
purpose of erecting a community identification sign and that said sign
shall be erected in accordance with the City of Virginia Beach Public
Workd Department's specification s as to size, alignment, and location,
and further that such temporary encroachment is more particularly described
as follows:
An area of encroachment into a portion of the
City's right-of-way known as South Plaza Trail
as designated denotes area of encroachment, as
shown on that certain plat entitled, "Plat
showing Right-Of-Way Encroachment into a Portion
of South Plaza Trail Granted to Princess Anne
Plaza Civic League, Lynnhaven Borough, Virginia
Beach, Virginia",, dated April 19, 1979, made by
the Bureau of Surveys and Mapping, Engineering
Division, Department of Public Works, City of
Virginia Beach, Virginia, a copy of which is
attached hereto and to which reference is made
for a more particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to any officer of
the Princess Anne Plaza Civic League and that within ten (10) days after such
ntoice is given, said sign shall be removed from the City right-of-way of
South Plaza Trail by the Princess Anne Plaza Civic League, and that the
Princess Anne Plaza Civic League shall bear all costs and expenses of such
removal; and,
PROVIDED FURTHER, that it is expressly understood and agreed that
the Princess Anne Plaza Civic League shall indemnify and hold harnless
the City of Virginia Beach, its agents and employees from and against all
claims, damages, losses and expenses, including reasonable attorney's fees
in case it shall be necessary to file or defend an action arising out the
location or existence of such sign; and,
PROVIDED FURTHER, that this Ordinance shall not be in effect
5/?I/79
-10-
2-6 01 MQ-
until such time that the Princess Anne Plaza Civic League executes an
agreement with the City of Virginia Beach encompassing the aforementioned
provisions.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 21 day of May, 1979.
On motion by Vice Mayor McCoy, seconded by Councilman Baum, City Council
voted to APPROVE the above Ordinance authorizing a temporary encroachment
into a portion of the right-of-way of South Plaza Trail to Princess Anne
Plaza Civic League; subject to the following conditions:
1. The civic league leagrees to remove the sign if and
when they conflict with future highway improvements.
2. All maintenance of the signs must be undertaken
by the civic league.
3. The civic league will have to obtain the necessary
highway permits from the Highway Division.
4. The City shall be held harmless from any claims or
damages pertaining to these encroachments.
5. The signs ahll be erected in compliance with the
City's Public Works specifications as to size, alignment,
and location.
6. The signs must be removed upon ten days written notice
from the City, and Princess Anne Plaza Civic League shall
bear all expenses for such removal.
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
Certified to be a true excerpt from the minutes of the City Council of the City of
Virginia Beach, Virginia, approved May 21, 1979.
Ruth Hodges Smith,,City Clerk
5/21/79
VIRGINI@ In the Cle,k's Office the Circ.it C..,t of Vigi@ia Beach.@@@day
6 19 at
u hi, inst,u..nt as eceived and up.n tb,
.... . .....
-11-
(ITEM 11-G.3) ITEM #13756
John G. Branum $ 37.50 Mental Health Check date:9/5/78
409 High Point Federal Programs,
Virginia Beach, VA 23451 unable to prosecute
Mental Health
advises
Harold Guinn 6.00 Mental Health Check date:8/24/78
c/o'@4MCA 312 W. Bute Street Left State, no
Norfolk, VA 23510 address
Wendy M. Nicely 5.00 Mental Health Check date:8/l/78
121 N. Great Neck Road M.H. Department
Virginia Beach, VA 23454 advises charge off
as Gift Fund
5/21./79
-12-
Thomas L. Edson 31.50 Finance-Insurance Check date:6/16/78
1039 Rosemont Avenue Moved, unable to
Chesapeake, VA 23324 locate
Arthur L. Bell 7.50 School Board Check date:7/10/78
NAS Oceana Moved, unable to
Virginia Beach, VA 23460 locate
Kathaleen M. Scott 15.00 School Board Check date:10/16/78
6500 Cunningham Road Unable to locate
Virginia Beach, VA 23462
L. 0. Conner, Jr. 10.00 Animal Control Check date:1/13/79
2500 Holland Road Moved, unable to
Virginia Beach, VA 23456 locate
Cheryl L. Migliares 46.00 Animal Control Check date:8/28/78
326 McGinnis Circle Unable to locate
Norfolk, VA 23502
Carol I. Bentley 18.50 City Decal Check date:1/17/79
3088 Bow Creek Blvd. Military, and moved
Virginia Beach, VA 23452 out of state
Sandra M. Bringhurst 15.00 City Decal Check date:5/17/78
1640 Wakefield Drive Moved, unable to
Virginia Beach, VA 23455 locate
Clyde 0. Burden 3.00 City Decal Check date:5/17/78
5008 Lauderdale Avenue Unable to locate
Virginia Beach, VA 23455
Fred Finegan 15.00 City Decal Check date:4/24/78
2965 Talcon Court Unable to locate
Virginia Beach, VA 23456
Richard A. Steele, Jr. 15.00 City Decal Check date:2/l/79
7820 San Antonio Blvd. Never lived in Va.
Norfolk, VA 23505 Beach, bought in
error
Frederick Waddington 7.50 City Decal Check date:8/21/78
84 Rodin Lane ljnable to locate
Virginia Beach, VA 23455
Sandra H. Luckett 15.00 City Decal Check date:]/30/78
870 Old Va. Beach Blvd Warrent issued,
Virginia Beach, VA 23451 unable to locate
Donald R. Casteel 6.00 Parks & Recreation Check date:8/10/78
1113 Craftsman Drive #102 Unable to locate
Virginia Beach, VA 23462
Gary S. Curtis 16.50 Parks & Recreation Check date:8/20/78
863 Queensway Unable to locate
Virginia Beach, VA 23451
Charles A. Lewis 32.64 Parks & Recreation Check date:4/30/78
924 Maximus Square #103 Moved, unable to
Virginia Beach, VA 23451 locate
Bethea F. Segars, Jr. 19.36 Parks & Recreation Check date:10/29/78
West Bay Avenue, Apt. F107 Unable to locate
Norfolk, VA 23503
Glyndan E. Radcliffe-Brine 5.00 Parking Ticket Check date:9/19/78
NO ADDRESS FOUND Unable to locate
-1 3-
William R. Price 5.00 Parking Ticket Check date:5/13/78
211 70th Street Moved, unable to
Virginia Beach, VA 23451 locate
George L. Rehm 3.00 Parking Ticket Check date:7/24/78
5749 University Place #202 Unable to locate
Virginia Beach, VA 23462
Angela 0. Slocumb 5.00 Parking Ticket Check date:4/14/78
807 Maryland Avenue Unable to locate
Virginia Beach, VA 23451
Cheryl A. Whitman 3.00 Parking Ticket Check date:7/15/78
4600 River Road Unable to locate
Petersburg, VA 23803
TOTAL $343.00
On motion by Vice tlayor McCoy, seconded by Councilman Baum, City Council
voted to APPROVE the request of John T. Atkinson, City Treasurer, and
charge off the above uncollectable checks.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. lienley, 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
(ITEM II-G.4) ITEM #13757
On motion by Vice Mayor McCoy, seconded by Councilman Baum, City Council
voted to APPROVE the request of Cox High School Booster Club for a Raffle
Permit.
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 @lay:
None 5/21/'Q
Council Members absent:
None
(ITEM II-G.2) ITEM #13758
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF 3]ST STREET TO GREENCO
CORPORATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINiA:
That pursuant to the authority and to the extent thereof contained
in Section 15.1-893, Code of Virginia, 1950, as amended, Greenco Corporation
is authorized to erect and maintain temporary encroachments into the City
right-of-way of 31st Street.
That the temporary encroachrqents herein authorized are for the
purpose of providing amusement facilities and landscaping on 31st Street;
and that such facilities and landscaping shall be erected and maintained
in accordance with the City of Virginia Beach Planning Department's specifications
and approval as to size, alignment and location.
PROVIDED, HOWEVER, that the temporary encroachments herein
authorized shall terminate upon notice by the City of Virginia Beach to
any officer of Greenco Corporation, and that within sixty (60) days after
such notice is given, such encroachments shall be removed from the City
right-of-way of 31st Street by Greenco Corporation, their agents or employees;
and that Greenco Corporation shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed
that Greenco Corporation shall indemnify and hold harmless the City of Virginia
Beach, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary
to file or defend an action arising out of the location or existence of 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
5/?I/'9
-15-
the limited extent specified herein, nor to permit the maintenance or
construction of any encroachments by anyone other than Greenco Corporation.
AND, PROVIDED FURTHER, that the City of Virginia Beach, upon
revocation of such authority and permission so granted, may remove any
such encroachment and charge the cost thereof to Greenco Corporation,
and collect the cost in any manner provided by law for the collection
of local and state taxes; may require Greenco Corporation to remove such
temporary encroachments; and pending such removal, the City may charge
Greenco Corporation compensation for the use of such portion of the
street encroached upon the equivalent of what would be the real property
tax upon the land so occupied if it were owned by Greenco Corporation; and,
if such removal shall not be made within the time ordered hereinabove by
this ordinance, the City shall impose a penalty in the sum of One Hundred
Dollars ($100.00) per day for each and every day that such encroachments
are allowed to continue thereafter, and shall collect such compensation
and penalties in any manner provided by law for the collection of state
or local taxes.
DENIED: May 21, 1979
Adopted by the Council of the City of Virginia Beach, Virginia
on the- -,day of 1979
5/21,/79
-16-
THIS ITEM (13758) AND ITEM #13759 WERE VOTED ON AS ONE ITEM.
Mr. Joel Cooper, owner, appeared before Council requesting a three (3)
week deferral.
The following appeared in opposition:
Mr. Sam liouston
Admiral James Hildreth, Birdneck Point
Mrs. Lewis Johnson, Birdneck Point
Mr. Edward Dashiell, North Virginia Beach Civic League
Mr. Ray Schumann, Council of Civic Organizations
On motion by Councilman Ervin, seconded by Councilman Riggs, City Council
voted to DENY the above ordinance to authorize a temporary encroachment
into a portion of the right-of-way of 31st Street to Greenco Corporation.
Voting: 10-1
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, J. Henry t@ccoy, Jr., Donald
W. tlerrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
Clarence A. Holland
Council Members absent:
None
(ITEM II-G.2a) ITEM #13759
Mr. Joel Cooper, owner, appeared before City Council requesting a three
(3) week deferral
The following appeared in opposition:
Mr. San Houston
Admiral James Hildreth, Birdnec@ Point
Mrs. Lewis Johnson, Birdneck Point
Mr. Edward Dashiell, North Virginia Beach Civic League
Mr. Ray Schunann, Council of Civic Organizations
On motion by Councilman Ervin, seconded by Councilman Riggs, City
Council voted to DENY the following application of Greenco Corporation
for a Conditional Use Permit for a recreational facility of an outdoor
nature (amusement park).
An Ordinance upon Application of Greenco Corporation for a Conditional
Use Permit for a recreational facility of an outdoor nature (amusement
park on certain property located on the East side of Atlantic Avenue
beginning at the Southern boundary of 31st Street, running a distance
of 60 feet along the East side of Atlantic Avenue, running a distance
of 150 feet along the Northern property line, running a distance of 60
feet along the Eastern property line and running a distance of 150 feet
along the Southern property line. Said parcel contains .2 acre. Virginia
Beach Borough.
5/21/7 9
This request was denied as it was felt it would be inappropriate to
locate the proposed use within a City right-of-way.
Voting: 10-1
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, J. Henry McCoy, Jr., Donald
W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
Clarence A. Holland
Council Me.,nbers absent:
None
POLICE OFFICERS ITEM #13760 ORDINANCE
The following people appeared in favor of the following Ordinance PROPOSED
by Councilman Merrick to appropriate funds for the Police Officer Two-Step
Salary Increase:
Mr. Carl Lee, Police Officer-City of Norfolk, 421
Granite Trail, Virginia Beach
Mr. Andre Evans, Commonwealth's Pttorney
Mr. Douglas W. Aydlette, FOP #8
AN ORDINANCE TO APPROPRIATE FUNDS FOR THE
POLICE OFFICER TWO-STEP SALARY INCREASE
WHEREAS, City Council has been interested in maintaining employee
salaries at levels to offset inflation and to compete with other employees
and,
WHEREAS, Police Officer salaries are deemed to be inadequate for the
function performed and,
WHEREAS, it has been determined tliat a two-step increase effective
July 1, 1979 for all police officer positions eliminate the inadequacy
and,
WHEREAS, the cost of the increase is estimated to be $466,000,
NOW, THEREFORE, BE IT ORDAIRIED BY THE COUNCIL OF T@IE CITY OF VIRGINIA
BEACH, VIRGINIA
5/21/7 9
-18-
THAT appropriations in the amount of $466,000 be transferred from
the General Fund Balance to the Police Department for the purpose of
instituting a two-step increase for Police Officers effective July 1,
1 97 9 .
Adopted by the Council of the City of Virginia Beach, Virginia,
on this day of 1979.
First Reading:
Second Reading:
Councilman Merrick made a iiiotion, seconded by Councilman Ervin, to APPROVE
the above ordinance to appropriate funds for the Police Officer Two-Step
Salary Increase.
Voting: 5- 6
Council Members Voting Aye: (for the ordinance)
F. Reid Ervin, Barbara M. Henley, Donald W. Merrick,
Meyera E. Oberndorf, and Roger L. Riggs
Council Members Voting Nay:
John A. Baum, George R. Ferrell, Clarence A. Holland,
J. Henry McCoy, Jr., J. Curtis Payne, and Patrick L.
Standing
Council Members absent:
None
CITY COUNCIL VOTED TO DENY THE ABOVE MOTION TO APPROVE THE ORDINANCE
TO APPROPRIATE FUNDS FOR THE POLICE OFFICER TWO-STEP '3ALARY INCREASE.
5/21/79
-19-
ITEM #13760(a)
rouncilman Riggs made a motion, seconded by Vice Mayor McCoy, that
effective July 1, 1979, the City give a ONE PAY GRADE INCREASE to
Police Officers and Fire Fighters, WITHOIJT making any changes in
the educational requirements.
Councilman Ervin offered an AMENDMENT to the MAIN MOTION, whereby, the
City Manager, Police Chief and Fire Chief are to come back to Council
with a report, on date of implementation, (July 1, 1979), as to their
recommendations on instituting additional educational requirements.
Councilman Riggs agreed to INCORPORATE Councilman Ervin's AMENDMENT
into his motion; therefore, the MOTION READS AS FOLLOWS:
On motion by Councilman Riggs, seconded by Vice Mayor McCoy, City Council
voted to instruct the City Attorney to prepare an Ordinance to appropriate
funds AND to AMEND the 1979-80 Budget to allow a ONE PAY GRADE INCREASE to
Police Officers and Fire Fighters effective July 1, 1979; with recommendations
as to educational requirements from the Chief of Police and Fire Chief on the
date of implementation of said pay increase to their respective personnel,
(July 1, 1979).
This Ordinance shall be presented for FIRST READING at the regular meeting
of City Council, June 4, 1979.
Voting: 6-5
Council Members Voting Aye: (for above motion)
F. Reid Ervin, Barbara M. Henley, J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, and
Roger L. Riggs
Council Members Voting Nay:
John A. Baum, George R. Ferrell, Clarence A. Holland,
J. Curtis Payne, and Patrick L. Standing
Council Members absent:
None
5/21/79
-20-
(ITEM II-H.1) ITEM #13761 PLANNING ITEMS
Mr. Edward Holloran, Attorney, represented the applicants
Mr. A. C. Lee, resident on Lakeside Drive, appeared in opposition
On motion by Councilman Merrick, seconded by Mayor Standing, City Council
voted to uphold the recommendations of the Planning Commission and the
City Manager and DENY the following Ordinance upon Application of Rose E.
Bissett for a Chanqe of Zoninq District Classification from R-4 Residential
District to 0-1 Office District APPLICATIO@I INOICATED B-2 Community-Business
Di strict) :
An Ordinance upon Application of Rose E. Bissett for a Change of Zoning
District Classification from R-4 Residential District to 0-1 Office
District APPLICATION INDICATED B-2 Commuriity-Business District) on
certain property located at the Northwest corner of Great Neck Road and
North Lakeside Drive, running a distance of 134.33 feet along the West
side of Great Neck Road, running around a curve a distance of 42.82 feet,
running a distance of 95.64 feet along the North side of North Lakeside
Drive, running a distance of 149.27 feet along the Western property line
and running a distance of 85.20 feet along the Northern property line.
Said parcel contains .36 acre. Lynnhaven Borough
Voting: 10-1
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, 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:
George R. Ferrell
Council Members absent:
None
This application was denied as it was felt the proposed zoning would
encourage a strip commercial development pattern along Great tieck
Road. It was also felt this request is inappropriate for this site
given the surrounding residential land use pattern.
5/ 21/7 9
-21-
(ITEM II-H.2) ITEM #13762
COUNCILMAN BAUM LEFT COUNCIL C]iAf4BERS
As Mr. Monahan had left the meeting, the Planning Director indicated Mr.
Monahan wished the application T@IITHDRAWN,
On motion by Councilman Merrick, seconded by Councilman Riggs, City Council
voted to uphold the recommendations of the Planning Commission and the City
Manager and permit WITHDRAWAL of the following Ordinance upon Application
of Parker Industries for a Chanqe of Zoninq District Classification from R-1
Residential District to R-2 idential District:
An Ordinance upon Application of Parker Industries for a Chan_qe of Zoning
.District Classification from R-1 Residential District to @-2 Residential
District on property located on Harris Road, North of Litchfield Road:
Parcel 1: Located an the East side of Harris Road beginning at a point
380 feet more or less North of Litchfield Road, running a
distance of 680 feet more or less along the East side of
Harris Road, running a distance of 280 feet along the South
side of Eagle Nest Point, running a distance of 790 feet
along the Eastern property line and running a distance of
280 feet along the Southern property line.
Parcel 2: Located on the West side of Harris Road beginning at a point
470 feet more or less North of Litchfield Road, running a
distance of 570 feet more or less along the West side of Harris
Road, running a distance of 400 feet along the South side of
Eagle Nest Point, running around a curve a distance of 128 feet
and running a distance of 602.99 feet in a Southeasterly dir-
ection.
Parcel 3: Located on the North side of Eagle r4est Point beginning at a
point 360 feet more or less West of Watersedge Road, running
a distance of 430 feet more or less along the North side of
Eagle Nest Point, running a distance of 835 feet more or less
along the Western property line, running a distance of 435 feet
along the Northern property line and running a distance of 743
along the Eastern property line.
Said parcel contains 15.7 acres. Lynnhaven Borough
Voting: 10-0
Council Members Voting Aye: (for withdrawal)
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, J. Henry McCoy, Jr., Ponald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
John A. Baum
5/21/79
-22-
(ITEM II-H.3) ITEM #13763
COUNCILMAN BAUM, RET(JRNED To CH,@MBERS
Mr. Donald :1. Clark, Attorney, represented the applicant
LTCR Jackson, NAS Oceana, appeared in favor
Mr. R. L. Jackson, 804 Giles Court, Virginia Beach, appeared in
opposition
On motion by Councilman Payne, seconded by Councilman Ferrell, City Council
voted to uphold the recommendations of the Planning Commission and the City
Manager and APPROVE the following Ordinance upon Application of DeMille
Enterprises for a Change of Zoning District Classification from A-2 Apartment
District to B-2 Community-Business District:
ORDINANCE UPON APPLICATION OF DEMILLE ENTERPRISES Z0579429
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM A-2 Apartment District TO B-2 Community-Business
District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIrlIA BEACH, VIRGINIA,
THAT:
An Ordinance upon Application of DeMille Enterprises for a Change of Zoninq
.District Classification from A-2 Apartment District to B-2 Community-Business
District on certain property located on the East side of Lynnhaven Parkway
beginning at a point 903.45 feet North of Magic Hollow Boulevard, running a
distance of 1205.08 feet along the East side of Lynnhaven Parkway, running a
distance of 1370.45 feet along the Northern property line, running a distance
of 453.67 feet in a Southwesterly direction, running a distance of 708.23 feet
in a Northwesterly direction, running a distance of 298.33 feet in a South-
westerly direction and running a distance of 781.21 feet in a Westerly
direction. Said parcel contains 17.121 acres. Princess Anne 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. A new pump station may be
necessary.
3. Turn lane requirements, entrance requirements, and
traffic signalization requirements are to be de-
termined.
4. A suitable berm type buffer is to be constructed along
the adjacent residential area, and approved by the
Planning Department.
And further subject to the following condition prior to the change on
the official zoning map:
1. Dedication of right-of-way along Lynnhaven Parkway
in keeping with findings of study being prepared
by City Staff.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 21 day of 1979
5/21/79
-23-
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
(ITEM II-H.4) ITEM #13764
@4r. Robert W. Ham, representing Lowe's Companies, Inc., of riorth Carolina,
appeared in favor.
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council
voted to uphold the recommendations of the Planning Commission and the City
Manager and APPROVE the following Ordinance upon Application of Robert W.
Ham, Lowe's Companies, Inc., for a Conditional Use Permit for outdoor storage
for accessory use to sales:
ORDINANCE UPON APPLICATION OF ROBERT ii. HA@l, LOWE'S R0579248
COMPANIES, INC., FOR A CONDITIONAL USE PERMIT FOR
outdoor storage for accessory use to sales
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
An Ordinance upon Application of Robert W. Ham, Lowe's Companies, Inc., for
a Conditional Use Permit for outdoor storage for accessory use to sales on
certain property located on the North side of Bonney Road (Relocated) beg-
inning at a point 900 feet more or less Southeast of Independence Boulevard,
running a distance of 235 feet along the North side of Bonney Road (Relocated),
running a distance of 975.81 feet along the Eastern property line, running a
distance of 163.14 feet along the Northern property line and running a distance
of 866.97 feet along the Western property line. Said parcel contains 4.19 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. Approved for alternate sewage disposal. City water is
required.
3. Any retention measures for fill must be above wetlands.
No filling of wetlands will be allowedwithoutthe proper
permits.
5/21./710
-24-
4. No sale or processing of scrap, salvage or second-hand
material will be permitted.
5. A fence or wall not less than 6 feet in height shall
completely enclose the storage yard except for necessary
openings for ingress and egress.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 21 day of 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
(ITEM II-H.5) ITEM #13765
Mr. Tracy Leon Moon appeared in favor.
On motion by Councilman Riggs, seconded by Councilman Holland, City Council
voted to uphold the recommendations of the Planning Commission and the City
Manager and APPROVE the following Ordinance upon Application of Tracy Leon
Moon for a Conditional Use Permit for a bicycle rental:
ORDINANCE UPON APPLICATION OF TRACY LEON MOON FOR R0579249
A CONDITIONAL USE PERMIT FOR A bicycle rental
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
An Ordinance upon Application of Tracy Leon Moon for a Conditional Use Permit
for a bicycle rental on certain property known as the Moon's Motel located on
the East side of Atlantic Avenue beginning at a point 100 feet North of 21st
Street, running a distance of 50 feet along the East side of Atlantic Avenue,
running a distance of 150 feet along the Northern property line, running a dis-
tance of 50 feet along the Eastern property line and running a distance of 150
feet along the Southern property line. Said parcel contains 7500 square feet.
Virginia Beach Borough.
Approval of this request is subject to the following conditions in con-
junction with the intended use of the land:
5/21/79
-25-
1 Compliance with Article 2, Section 225 of the Comprehensive
Zoning Ordinance pertaining to Bicycle Rental Establishments.
2. The existence of 21 or more dwelling or lodging units with
the hotel/motel facility.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 day of a 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, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
5/21/79
-26-
ITEM #13766
(ITEM II-H.6)
H. Calvin Spain, Attorney, represented the applicant
Mrs. Lula Cofield, Newsome Farms Civic League, appeared in opposition
Councilman Holland made a motion, seconded by Vice Mayor McCoy, to approve
the request of C. W. and V. W. Hutchinson, Jr., for a Conditional Use Permit
for a bulk storage yard and building contractor's yard.
Councilman Ervin offered a SUBSTITUTE MOTION, seconded by Councilwoman
Oberndorf, to DENY the following Ordinance upon Application of C. W. and
V. W. Hutchinson, Jr., for a Conditional Ilse Permit for a bulk storage
yard and building contractor's yard; further, gra6t- the applicant ninety
(90) days in which to close down operations and remove all materials from
the yard. (IT WAS NOTED THAT THE CITY MANAGER USUALLY GRANTS 60 DAYS I@l
WHICH TO CLOSE DOWN; HOWEVER, HE INDICATED HE WOULD INSTRUCT THE ZONING
ENFORCEMENT OFFICER TO GIVE THE APPLICANT (90) DAYS.)
An Ordinance upon Application of C. W. and V. W. Hutchinson, Jr., for a
Conditional Use Permit for a bulk storage yard and building contractor's
yard on certain property located on the South side of Connie Lane beginning
at a point 450 feet more or less East of Lawrence Drive, running a distance
of 554.55 feet along the South side of Connie Lane, running a distance of
44 feet along the Eastern property line, running a distance of 586.03 feet
along the Southern property line and running a distance of 208.88 feet along
the Western property line. Said parcel contains 1.615 acres. Rayside
Borough
Voting: 8-3
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell, Clarence A. Holland, and
Vice Mayor J. Henry McCoy, Jr.
5/21/79
-27-
Council Members absent:
None
The request was DENIED as it was felt the proposed use is incompatible
with the surrounding residential land use pattern.
(ITEM II-H.7) ITEM #13767
Mr. Reid H. Ervin, Attorney, represented the applicant and requested the
application be WITHDRAWN.
On motion by Councilman Holland, seconded by Councilman Ferrell, City
Council voted to permit WITHDRAWAL of the following application of John
D. Holland, Jr., and Rita H. Joyner for a Change of Zoning District
Classification from R-6 Residential District to B-2 Community-Business
District:
An Ordinance upon Application of John D. Holland, Jr,, and Rita H. Joyner
for a Change of Zoning District Classification from R-6 Residential District
to B-2 Community-Business District on certain property located on the East
side of Witchduck Road beginning at a point 397.68 feet South of Erskine
Street, running a distance of 82.2 feet along the East side of Witchduck
Road, running a distance of 150 feet along the Southern property line,
running a distance of 80.72 feet along the Eastern property line and
running a distance of 155 feet along the Northern property line. Said
parcel contains .285 acre. Bayside Borough
Voting: 10-0
Council Members Voting Aye: (for withdrawal)
John A. Baum, 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 Abstaining:
F. Reid Ervin
Council Members absent:
None
5/21/79
-28-
(ITEM II-H.8) ITEM #13768
COUNCILMAN ERVIN LEFT COUNCIL CHAMBERS
Mr. Lucian Cox, Attorney, represented the applicant
tlr. Cox indicated that Mr. Gould, who appeared in opposition to this
matter on May 7, 1979, was now for the rezoning of the property. Mr.
Cox further indicated they spoke on this matter for approximately
45 minutes.
On motion by Councilman Holland, seconded by Councilman Baum, City Council
voted to APPROVE the following Ordinance upon Application of Eric C. and
Patricia F. Smith for a Chanqe of Zoninq District Classification from R-5
Residential District to 0- Office District:
ORDINANCE UPON APPLICATION OF ERIC C. AND PATRICIA Z0579430
F. SMIT@L FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-5 Residential District TO 0-1 Office District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
An Ordinance upon Application of Eric C. and Patricia F. Smith for a @n e
sification from R-5 Residential District to 0-1 Office
District on certain pro erty located on the South side of Larry Avenue beginning
at a point 100 feet more or less East of Newtown Road, running a distance of
90.07 feet along the South side of Larry Avenue, running a distance of 135.36
feet along the Eastern property line, running a distance of 101.16 feet along
the Southern property line and running a distance of 133.24 feet along the
Llestern property line. Said parcel contains .24 acre. Bayside 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. Buffer in a variable width of 28-feet and larger, plus,
the trees which are presently located on the property
will remain and additional plants will be added.
3. City water and sewer,
4. There is a possibility that the future extension of
Cleveland Street may affect this site. However,
since the proposed alignment is currently only
preliminary in nature, right of way dedication is
not required at this time.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 21 day of ay 1979
Voting: 10-0
5/21/7 9
-29-
Council Members Voting Aye:
John A. Baum, 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:
F. Reid Ervin
(ITEM II-I.l.a) ITEM #13769 ORDINANCES
AN ORDINANCE TO AMEND PND REORDAIN ARTICLE 1,
SECTION 111, OF THE COMPREHE@ISIVE ZONING
ORDINANCE PERTAINING TO DEFINITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 106, Definitions of the C.Z.O. is amended and
reordained as follows:
Dwelling, Single Family. A building containing one (1) dwelling
unit, entirely surrounded by a yard. Mobile homes, travel
trailers, housing mounted on self-propelled or drawn vehicles,
tents or other forms of temporary or portable housing are not
included within this definition.
Dwelling, Duplex. A building containing two (2) dwelling units,
entirely surrounded by a yard, where each dwelling unit is
not on a separate lot. Mobile homes, travel trailers, housing
mounted on self-propelled or drawn vehicles, tents or other
forms of temporary or portable housing are not included within
this definition.
Dwelling, Attached/Townhouses. A building containing two (2) or
more dwelling units attached to the side or sides in a series
of not more than nine (9), separated by a boundary wall and
each unit having a separate lot with at least minimum dimen-
sions required by district regulations for such sections.
Dwelling, Multiple Family. A building containing three (3) or
more dwelling units, entirely surrounded by a yard, where
each dwelling unit is not on a separate lot.
Dwelling, Semi-Detached. A building containing two (2) dwelling
units attached at the sides, separated by a boundary wall
and each having a separate lot.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1979
17
COUNCILMAN ERVIN RETURNED TO CHAMB@RS
COIJNCILMAN HOLLAND LEFT CO[JNCIL CHAMBERS
5/21/79
-30 -
On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council voted to uphold the request of the City Manager and DEFER FOR
TWO (2) WEEKS the above ordinance to amend and reordain Article 1,
Section 111 , of the Comprehensive Zoning Ordinance pertaining to
Definitions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, J. Henry McCoy, Jr., Donald
W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Patrick L. Standing
Council r!embers Voting Nay:
None
Council Members absent:
Clarence A. Holland
5/ 21/7 9
-31-
(ITEM II-I.I.b) ITEM #13770
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2,
SECTIONS 200, 202 and 203 OF THE CO@IPREHENSIVE
ZONING ORDINANCE PERTAINING TO GENERAL REQUIRER@ENTS
AND PROCEDURES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 200, Zoning lots, of the C.Z.O. is amended and
reordained as follows:
(e) Erection of Structures on Lot. Except as herein provided, there
shal 1
detac on a o
That Article 2, Section 202, Height Regulations, of the C.Z.O- is amended
and reordained as follows:
(a) Whenever height limits for buildings and other structures are
established, no portion of any building or other structure shall
extend above such height limits, except residential chemneys,
k4g4-496hes, line-of-sight relaying devices, broadcasting towers,
radio or television antennas, spires, flagpoles, water tanks or
monuments otherviise approved for erection; provided, however, that
smokestacks may also extend beyond such limits, if they do not ex-
ceed in height the distance to the nearest lot line; and further
provided that one (1) antenna for purposes of an amateur radio sta-
tion operation may extend beyond said height limits but shall not
exceed ninety (90) feet in height above ground elevation.
That Article 2, Section 203, Off-Street Parking Requirements, of the C.Z.O.
is amended and reordained as follows:
(a) General standards. Any off-street parking space shall have
minimum dimensions of nine (9) by twenty (20) feet; provided
that minimum dimensions for parallel parking spaces shall be
nine (9) by twenty-two (22) feet, Each space shall be un-
obstructed, shall have access to a street and shall be so
arranged that any automobile may be moved without moving an-
other, except in the case of parking for one and two family
dwellings and in the case of parking for employees on the
premises. All spaces shall be provided and maintained tqith
an all weather surface except in the case of parking for
one and two famil@l, detached dwellings. Where parking areas
are illuminated, all sources of illumination shall be so
shielded as to prevent any direct reflection toward adjacent
premises in residential, apartment, or hotel districts. In
addition:
@24
.feFwapd-FAaRRef.
5/21/79
-32-
(2) @@4 Minimum aisle widths required for parking areas shall
be according to the following table:
Parking Angle Aisle Width
(in degrees) (in feet)
0-44 12
45-59 13.5
60-69 18.5
7 0- 7 9 19.5
80-89 21
90 22
(c) Commercial vehicular parking. Overm4ot parking of a com-
mercial vehicle in residential or apartment districts shall
be prohibited, except that one (1) commercial vehicle of
three-quarter tons or less may be parked on any lot where
there is located a main building by a resident of the premises.
This restriction shall not a@i,
the normal conduct of bus i ness or in the d el i ver ovision
f@se-rvice to a residential area.
Adopted by the Council of the City of Virginia Beach, on the
day of , 1979
DEFERRED FOR THREE WEEKS: May 21, 1979
On motion by Councilman Merrick, seconded by Councilman Baum, City Council
voted to uphold the recomnendation of the City Manager and the Planning
Cornmission and DEFER the above ordinance to amend and reordain Article
2, Sections 200, 202 and 20-0 of the Comprehensive Zoning Ordinance pertaining
to General Requirements and Procedures. THIS MATTER WAS DEFERRED FOR THREE WEEKS
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, J. Henry McCoy, Jr., Donald 'VI. Merrick, Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members absent:
Clarence A. Holland
5/21/79
-33-
(ITEM II-I.4.a.1) ITE@L #13771 FIRST READINGS
AN ORDINANCE TO ADJUST APPROPRIATIONS FOR
SECOND AND THIRD YEARS' FUNDING FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City has requested the Department of Housing and
Urban Development (HUD) to approve various adjustments to the City's
second and third years' funding of its Community Developrnent Block Grant
(CDBG) Program, and
WHEREAS, liUD has approved the above-mentioned adiustments.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the following appropriations be adjusted as detailed:
Second Year Appropriations From To
Seatack Sewer, Ph. II & III $ 830,660 $ 844,193
Seatack Water, Ph. Ill 84,600 110,922
Seatack Streets 35,500 -
Newlight Sewer 180,000 180,000
Newlight Water 78,300 78,300
Queen City Water 4,500 5,000
Doyletown Park 5,000 5,642
Administration 49,440 49,440
Rehabilitation Loans and Grants 50,000 44,503
Total $1,318,000 $1,318,000
Lhi d Year A o riations
Seatack Sewer, Ph. VT & VII $ 528,340 $ 856,351
Seatack Water, Ph. IV, VI, & VII 173,900 281,430
Seatack Streets 200,000 -
Newlight Sewer 141,000 410,150
Newlight Water - 154,250
Newlight Streets 185,081 -
Newsome Farm Sewer 511,500 50,000
Newsome Farm Water 233,200 25,000
Gracetown Water 9,500 25,000
Low-Interest Loans and Grants 200,000 @15,000
Payment of Line and Tap Fees - 120,000
Administration 60,000 100,000
Local Option and Contingencies 37,479 42,819
Total $2,280,00-ff $2,280,000
Adopted by the Council of the City of Virginia Beach, Virginia,
on the ___day c-f I 1 97 9
First Reading: May @l, 1979
Second Reading:------
5/21/79
-34-
THIS ITEM (13771) AND ITEM 13772 WERE VOTED ON AS ONE ITEM
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE on FIRST READING the above ordinance, in the amount of $2,280,000
to adjust appropriations for second and third years' funding for the Community
Development Block Grant Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, 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:
Clarence A. Holland
(ITEM 11-1.4.a.l.a) ITEM #13772
TliIS ITEM AND ITEM 13771 WERE VOTED ON AS ONE ITEM
AN ORDINANCE TO ACCEPT $1,973,000 FROM THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND TO APPROPRIATE THESE FUNDS
WHEREAS, the Department of Housing and Urban Development (HUD)
has approved partial fourth year funding for the City's Community Develop-
ment Block Grant (CDBG) Program, and
WHEREAS, the City wishes to accept this funding in order to begin
work on various capital projects to be funded by CDBG.,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the partial fourth year funding be accepted and appropriated
for the following purposes:
5/21/79
-35-
Total
Appropriations
Seatack Streets $ 417,519
Gracetown Water 146,500
Queen City Water 100,000
Ilousing Rehabilitation 250,000
Newsome Farm Sewer 720,900
Newsome Farm Water 153,000
Newlight Streets 185,081
Total $1,973,000
That the appropriations be financed 100@ll by federal funds from
HUD, with no local match required.
FIRST READING:- 79
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia, on
the day of , 1979
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE on FIRST READING the above ordinance to accept
$1,973,000 from the Department of Housing and Urban Development and to
appropriate these funds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara tl. Henley, J. Henry t'ccoy, Jr., Donald
W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
None
rouncil Members absent:
Clarence A. Holland
5/?I/79
-36-
(ITEM II-K.1) ITEM #13773 BOARDS A@'ID COMMISSIONS
On motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City
Council votpd to APPOINT Mr. Ernest L. Capps to the VIRGINIA BEACH MOSQUIITO
CONTROL COMMI-)SIo@l for a term of four (4) year s , beg in nin g May I , 1 979, an d
terminating Sc,L-ember 30, 1983. This appointment is in compliance
with the budget approved extension of the Princess Anne District to include
the Boroughs of Pungo and Blackwater.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, 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:
Clarence A. Holland
(ITEM II-L.1) ITEM #13774 OLD BliSINESS
Mrs. Betty McClane, representing the Citizen's Advisory Committee for
Housing and rommunity Development, spoke in behalf of Reverend Barnett
I
Thorogood, who had to leave the Council Meeting early.
Mrs. McClane indicated that on March 19, 1979, City Council agreed the
Community Development Corporation would be allowed to participate in the
Community Development Loan and Grant Program for the City of Virginia
Beach. City Council instructed the City Staff to complete contract
negotiations.
On May 16, 1979, the Citizen's Advisory Committee for Housing and Urban
Development met and approved the following recommendations:
1. Contract requested by City Council on March 19,
1979, between the City of Virginia Beach and the
Community Development Corporation, be executed
promptly.
2. The hiring and firing of the Executive Director of the
Virginia Beach Comnunity Development Corporation be
determined by the Virginia Beach Community Development
Corporation ONLY.
3. The duties of the Executive Director of the Corporation
be spelled out specifically by the Directors of the
Cor.ooration to whom he is solely and directly responsible.
4. An effective working relationship between the Executive
Director of the Corporation and the City's Community
Development Staff be instituted promr)tly.
5. The Community Development Staff of the City of Virginia
Beach provide any assistance necessary for the prot,)er
performance of the Corporations' contract with the City.
5/21/79
5/21/79
-37-
COUNCILMAN HOLLAND RETURNED TO CHAMBERS
Mrs. McClane indicated further it is the concern for the welfare of all the
c i tizens of Virgi nia Beach whi chis the mo ti va ti ng factor in this ac ti on by
the Committee.
Councilman Ervin indicated that in looking at the letter from Reverend
Thorogood, the Community Development Corporation wants to hire two (2)
people, setting their salaries, which will come from the City's General
Fund, and have complete control over the hiring and firing of such
employees.
Mrs. McClane indicated the funds would not come from the City, but from the
Community Development funds which would be allocated to the Community Dev-
elopment Corporation; and further stated the Corporation wants to hire
one (1) person (Executive Director).
Councilwoman Henley indicated that a few weeks ago, when Council approved
two positions for the Community Development Office, they were told the
positions wotild be needed whether the City went with the Corporation or
whether the City administered the program. At the time the positions were
approved, Council asked to have "s,,)elled out" the two proposals whether the
City used the Corporation or whether it would be an administrative program
through the City.
The two proposals are needed to clarify what the procedures would be if the
Council handled this matter solely through the City or if the Corporation
were involved.
Councilwoman Henley asked that for the meeting of June 4, 1979, the two
proposals be "spelled out" for Council so a decision on this matter can
be made:
1. If the Corporation is involved, how would
this occur; what staff would be necessary
in the City Administration and the Corpo-
ration.
2. If solely handled by the City, what would be
required.
ITEM #13775
Vice Mayor McCoy indicated that at the public hearing held on the proposed
widening of liolland Road, Delegate McClanan requested the City Council adopt
a Resolution, to be forwarded to the Department of Highways, requesting bicycle
paths be included on the Holland Road project.
The City Manager indicated the Planning Staff and the Planning Commission are
working on a Master Bicycle Trail Plan, and it is anticipated the Staff will
be bringing this to Council after the Comprehensive Land Use Plan.
ITEM #13776
On motion by Councilman Ervin, seconded by Councilman Baum, and by UNANIMOTIS
vote, Council adjourned at 5:20 p.m.
dges Smith, City Clerk @layr Pa;,kL. St.,nd, ,
City of Virginia Beach,
Virginia
May 21, 1979
h
5/21/79