HomeMy WebLinkAboutAPRIL 2, 1979
CITY OF VIRGINIA BEIC
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., B.y,id@ B.,@.gh
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,,ill, B@,..gh DONALD W. MERRICK, Ly.@b ... @ B@,@,gb
JOHN A. BAUM, B@,..gh MEYERA E. OBERNDORF, A, L.,g@
F. REID ERVIN, A, L.,g@ 1. CT]RTIS PAYNE, P,i.,@,, A@@@ Bo ... gb
GEORGE R. FERRELL, A, L.,g@ ROGER L. RIGGS, Vigi@i. B@.,h B.,..gh
BARBARA M. HENIEY, P,@g. B.-.gh RUTH HODGES SMITH, Ci,y Cl@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: Monday, 2 April 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. PresentatiOn of 1979/1980 Operating Budget
ITEM II FORMAL SESSION: Monday, 2 April 1979 - 2:00 p.m.
A. TNVOCATION - Reverend William E. Austin, Virginia
Beach Christian Church.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF REGULAR PREVIOUS MEETING
1. Motion of accept/approve the Minutes of
March 26, 1979
E. RESOLUTIONS
1. l@etter from the City manager recommendinq that
City Council approve a Resolution requesting that
funding of its Waterfront Access Program be per-
mitted to continue.
F. PUBLIC HEARING
1. Letter from the City Manager recommending that
City Council proceed with the public hearing
on an ordinance to amend and reordain Chapter
13, Sections 13-1 and 13-2 of the Code of the
City of Virginia Beach and to prescribe election
districts and voting places within the City of
Virginia Beach, but on the recommendation of
the City Attorney and City Manager, defer action
on this ordinance until dispute between the Elec-
toral Board and the State Board of Elections is
settled.
G. CONSENT AGENDA
(All matters listed under the Consent Agenda are
considered to be routine by the City Council and
will be enacted by one motion in the form listed.
There will be no separate discussion of these
items. If discussion is desired, that item will
be removed from the Consent Agenda and considered
separately.)
1. Letter from the City Manager recommending that
City Council approve the request of Mr. John
Atkinson, City Treasurer, for tax refunds in
the amount of $771.18.
H. PLANNING ITEMS
1. RECOMMENDATIONS
a. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
denial of the application of R and R Corpora-
tion for a change of zoning from R-5 Residen-
tial District to B-2 Community-Business Dis-
trict on a 28.57-acre parcel located on the
south side of Princess Anne Road, east of
Providence Road (Kempsville Borough). This
request was deferred for thirty days on Feb-
ruary 26, 1979.
b. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
approval of the application of Frank T. Wil-
liams for a conditional use permit for ten
mobile homes on a 2.29-acre parcel located on
the north side of Munden Road, east of Morris
Neck Road (Pungo Borough). City Council defer-
red this item for two weeks on February 26, 1979,
at the request of the applicant and for another
three weeks on March 12, 1979.
C. Letter from the City Manager transmitting the
recommendation of the Planning Conunission for
approval of the application of E. V. Williams
Companyi Inc., for a conditional use permit to
amend the conditions associated with a prior
conditional use permit for a borrow pit approved
for this site on June 5, 1978. The intent of
this application is to extend the period of time
for which the conditional use permit is valid for
an additional year. Tn addition, the borrow pit
is to be used as a storm drainage outfall for the
Kempsville Road, Phase I project. This matter
was deferred for two weeks on March 19, 1979.
This 185.272-acre site is located on the south
side of Indian River Road, west of Kempsville
Road.
2. PLANNING ORDINANCES - NONE
I. ORDINANCES
1. GENERAL
a. Letter from the City Manager recommending
approval of an ordinance to authorize a
temporary encroachment into a portion of the
right of way of Independence Boulevard to
Beach Associates.
2. GRANTS - NONE
3. APPROPRIATIONS
a. SECOND READINGS
1. City Council is requested to approve on
second reading an ordinance to appropriate
$30,000 for the acquisition of Woodstock
Cove Park, (Lot 20, 8.5-acres), to be
developed as a park.
2. City Council is requested to approve on
second reading an ordinance to appropriate
$60,000 for dredging of Rudee Inlet, and
authorize the City Manager to enter into
the necessary agreements with a commercial
dredging company to Perform the dredging
operation.
3. City Council is requested to approve on
second reading an ordinance to provide
additional positions and necessary appro-
priations for essential City operations in
the amount of $39,906 for the Police Depart-
ment, Fire Department and for Correctional
Officers.
b. FIRST READINGS
1. Letter from the City Manager recommending
that City Council approve, on first reading,
an ordinance to appropriate $26,000 for
appraisals and title reports of land in the
Chesapeake Beach area not covered by the
Dune Stabilization ordinance.
C. BIDS - NONE
4. CITY CODE AMENDMENTS - NONF
J. ADDITIONAL ACTION ITEMS - NONE
K. OLD BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
1. Motion to Adjourn
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACfl, VIRGINIA
April 2, 1979
The regular meeting of the Council of the City of Virginia Beach,
Vir-inia, was called to order by Mayor Patrick L. Standing, in
the Conference Room, in the Administration Building, on Dionday,
April 2, 1979, at 1:00 p.m.
Council Members present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Donald
W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, Patrick L. Standing
Council Members Absent:
Vice Alayor J. Henry McCoy, Jr.
IliFOR@4AL SESSION ITPI #13515
@layor Standing entertained a motion to T)ermit Council to conduct an
INFORMAL SESSION to be followed by an ECII-IV@ SESSION for the Dur-
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 14atters)
2. Consultation with le.-al counsel and briefing
by staff members, consultants, or attorneys per-
taining 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 Ervin, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFOR,',IAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara @,l. lienley, Clarence A. Holland, Donald
W. llerrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, Patrick L. Standing
Council Alembers Voting Nay:
None
Council llembers Absent:
Vice Mavor J. Henrv McCov, Jr. 4/2/79
- 2-
VICE MAYOR MCCOY EL@TERED MEETING AT 1:05 p.m.
LASKIN ROAD BRIDGE ITEM #13516
The City Manager indicated he received a memo from C. Oral Lambert,
Director of Public Works, indicating the Laskin Road Bridge is in
need of repair.
The City Manager stated that in the 1979-80 budget, monies have
been appropriated to upgrade the bridge; however, the Consulting
Engineers recommend the City begin repairs on the bridge as soon
as possible. Repairs to the bridge would require the west-bound
lane be closed for approximately ten (10) days.
The City Manager requested he be permitted to continue at once, by
advertising the matter and bringing it before Council; and if
possible would like to have the repairs to the bridge completed
before the summer season begins.
BUDGET PRESENTATION ITEM #13517
The City Nlanager presented the total budget of 1979-80, in the
amount of $170,696,348, and recommended it be adopted. This is
a 9.49 percent increase above the adjusted budget for 1978-79.
School Operations, again, are the largest single expenditures in
the recommended appropriations; followed by General Operations,
Utilities, Debts, etc.
REVENUE SUMMARY
From the Commonwealth $ 51,666,288 30.26/@@
General Property Taxes 42,217,661 24.73@
Otlier Local Sources (Fines, Licenses,
Sale of Property, etc.) 35,127,836 20.58%
Other Local Taxes 26,279,800 15.40"@
From Unappropriated Funds (1978-79 8,340,410 4.89%
From Federal Government 7,064,353 4@.l@4@/@c
$170,696,348 100.00%
APPROPRIATION SUMAIARY
School Operations $ 71,082,480 41.64/@@
General Operations 70,856,329 41.50%
Utility Operations 11,078,169 6.49%
Utility Debt Costs 6,309,160 3.70%
General Debt Costs 5,863,685 3.44%
School Debt Costs 5,506,525 3.23%
$170,696,348 100.00%
The City Manager has been informed by the Real Estate Assessor that the
average increase in total assessments was approximately 7.5%. Tn accord-
ance with the wishes of City Council, every effort has been made to pre-
sent a balanced program that will provide the present level of services
with modest expansions, together with a tax rate reduction so the City
can off-set the average increase in assessments. Therefore, the City
Manager recommended that the tax rate be reduced 6cts. It should be
noted by City Council that a 6cts reduction in the rate is equal to
exactly 7.5%.
4 / 2 / 7 9
- 3-
Of approximately 79,500 parcels of real property in the City of
Virginia Beach, more than half (or 39,250 parcels) had percentage
increases of less than 7.5% Therefore, in effect, this reduction
in the tax rate will not only offset the averal-e increase in
assessed values, but over half of the parcels in Virginia Beach
will receive a net reduction in real estate taxes over the pre-
vious year.
REAL ESTATE TAX SURVEY
1978-79 True Tax Rate / $100
Virginia Cities
Population: Over 25,000
Rank by Recently Rank
Lowest Estimated by
Tax Rate City Rate Population size
I Virginia Beach (Present) $ .80 268,591 2
Virginia Beach (Proposed) .74
2 Chesapeake .98 112,000 7
3 Danville 1.00 45,985 12
4 Suffolk 1.16 46,408 11
5 Portsmouth 1.30 109,000 6
6 Charlottesville 1.31 40,547 14
7 Newport News 1.40 144,000 4
8 Lynchburg 1.45 65,266 10
9 Alexandria 1.54 108,085 8
10 Hampton 1.56 132,000 5
11 Roanoke 1.60 102,021 9
12 Norfolk 1.62 285,900 1
13 Petersburg 1.65 45,000 13
14 Richmond 1.75 226,639 3
Since January 1975, Virginia Beach's estimated population has in-
creased by approximately 50,000 or almost 23%. This growth in the
last four years equals the total population of cities which have
been in existence for hundreds of years. In tandem with this growth
has come an increased demand for those services expected of a major
city. The provision of these services, without imdosing a heavy tax
burden on the populace, has been and will continue to be the foremost
challenge facing the City Council.
FACTORS ALLOWING REAL ESTATE TAX TIATE REDUCTION
TOURISAI - As in previous years, tourism has been a tremendous
boon to the economy. Last year @Ir. Harbury inducated
that tourism brou.-bt in approximately $1@-,000,000 in
tax revenue. This year approximately $14,000,000 in
direct taxes should be received.
VOLUNTEERS - More than 5,000 citizens of this City volunteer their
time and talents for many activities ranging from fire
fighting and rescue work to softball and senior citizen
programs. Without this valuable resource, the budget
could possibly be $10-12 million higher.
4 / 2 / 7, 9
- 4-
NEW CONSTRUCTION The growth in new residential construction
this year amounted to approximately 3.4%.
As in previous years, it has had a strong
short-term beneficial impact on local
revenue sources.
our efforts to locate new domestic and
foreign industries in Virginia Beach
have been very successful. New commercial
shopping centers have been opened, and the
general economy of Virginia Beach has been
very sound.
STATE ASSISTANCE This year, state highway maintenance funds
will increase by $11/2-Million; also, the
City will receive a one-time windfall gain
in A.B.C. funds of approximately $1/2-Million
as a result of quarterly distributions of
profits as opposed to annual receipts.
ASSUMPTIONS
1. Reduction of the real estate tax rate by 6cts or a 7.5%
reduction.
2. Continuation of the existing tax rates in all other
categories except real estate.
3. No significant decline in the present economy.
4. We will continue to receive School impact Funds.
5. We will continue to receive Comprehensive Employment
Training Act funds CETA) to curb unemployment.
6. That the rate of collection of revenues will be as
anticipated.
7. The use of $8,340,410 unappropriated funds for 1979-80.
The City Manager indicated that assumption seven (7) deserved
special note. During the Fiscal Year the City Manager has kept
Council informed concerning the financial status by forwarding
monthly reports on the collection rate of revenues and disbursement
rate of expenditures. As Council is aware, all revenues exceed
expectations, and the City will be able to reduce expenditures.
Because of this, the City will be in a position of having
approximately $12-Million in working capital at the end of
June, 1979.
It is anticipated that the City will utilize $8.3-Million of that
working capital, leaving approximately $3.7-Million or approximately
3% of the recommended budget for a reserve account to meet
unanticipated needs.
BUDGET CONCERNS/ISSUES
As a municipal corporation, the City operates within a Federal and
State economic and political environment over which it has little
or no control. Out of this environment comes several concerns/
issues that have had, or possibly will have, direct impact upon
the operation of the City:
CETA - since its passage, the City has received
approximately $7-Million. This assistance
has greatly benefited Virginia
- 5 -
Beach residents and has assisted in reducing our un-
employment rates. Currently, however, the guidelines
for CETA are being revised on a national level. It is
uncertain as to how long the program will last. It is
for this reason the City Manager is attempting to reduce
the City's dependency upon CETA by approximately 100
employees. In the past, the City has funded on an average
300 employees annually through CETA.
ENERGY - Virginia Beach is the second most populated municipality
in Virginia and uses energy on a massive scale. Last
year the City consumed 1,676,370 gallons of gasoline;
9-0,622,229 kilowatt hours of electricity; and 422,614
gallons of heating oil.
INFLATION - this continues to ravage not only the citizens'
finances, but the City's finances as well. it
costs the City more to do the same because of
increased costs of supplies, equipment and personnel.
This trend does not appear to be improving since the
consumer price index is anticipated to rise 9c@'@ during
1979.
The following is a list of RECOiAlAIM@DED APPROPRIATIONS:
EDUCATION - Education continues to be the largest sin-,le expenditure
in the budget. School operations total @371 million with
school debt costs of $5.5 million. Although the overall
percentage increase of the total educational budget was
7.34@@, the increase in the local share was 11.56%.
Contributing to this increase is the openinf, of Green
Run High School, Indian Lakes Elementary, and expanded
programs at the Career Development Center.
GENERAL GOVERN@IENT - The lar--est percentage of increase in
municipal operations is in the BOARD ATID
CO@14MISSIONS in the amount of approximately
55.67@@@. This is due primarily to the fact
that MOSQUITO CONTROL costs have been absorbed
into the budget negating the necessity for
having a special tax. Total costs of @IOSQUITO
CONTROL iticorporated in this budget amount to
$606,@@63.
The next largest Dercentage of increase is in GENERAL SERVICES
amounting to 24.57,%. This is to provide for new personnel to
maintain nenv municipal buildings.
1. Opening of the Operations Building.
2. Opening of the new wing to the Adininistration Building.
3. Opening of the Recreation Center in Bow Creek.
4. Operation of the Bendix Road refuse facility.
5. Opening of Rose Hall,
6. Opening of the Davis Corner Fire Department.
7. The addition of 250 water and sewer pumping stations
requiring maintenance.
4 2 7 9
- 6 -
One of the major reasons for the large increase in the Personnel
Department is the City Manager has included funds to implement
the recommendations Cresap, McCormick and Paget made in October
of 1978. As Council is aware, they recommended a more defensible
method to evaluate grade positions whan what the present job
classification procedure provides. It is anticipated that this
revised system could be developed by April of 1980, in time for
next year's budget consideration.
EMPLOYEE BENEFITS
Because of the tremendous increase in inflation, the City Manager
recommended two "across the board" pay raises as well as an increase
in the employee benefit package. One range increase to be effective
on October 1, 1979, amounting to approximately 57@; and another line
increase effective January 1, 1980.
A comparision of the cumulative increases in the Consumer Price
Index from 1973 to 1980, with the cumulative increases and benefits
which Council has granted in this same period, indicates that the
City has not been able to offset the effect of inflation completely.
The increase in salaries and benefits during this period amounting
to 58.02%, while the CPI increased 59.9@,. Consequently, this
recomniended pay raise, in the City Alanager's opinion, is not liberal
and is certainly necessary in order for employees to stay abreast
of the ever increasing inflationary spiral.
In addition to the pay raises, the City Nianager also recommended the
implemention of a dental care plan. He believes at present the City
has a good health program for the City employees and the addition of
a city-employee contributory dental plan would round out the medical
care benefit package and help the employees in fi@,hting inflation in
medical expenses. There has been a large degree of interest in a
dental plan by a .-reat number of employees, and it is recommended
that this benefit be granted be--inning January 1, 1980.
The total pay raise and benefit package amounts to approximately a
6.61@@ increase, which is cornensurate with what the school personnel
are receiving.
The City Ilanager also recommended that Council authorize him to
advertise for a public hearing regarding the proposed budget on
April 16, 1979, at 2:00 p.m; and also to have workshop meetings
with Council for any additions/deletions on the following dates:
April 4th - Wednesday, 7:00 p.r@i. - Conference Room
April 18th - -V;ednesday, 7:00 p.m. - Conference Room
April 23rd - @,londay, 7:00 p.m. - Council Chainbers
(First Reading)
4/ 2 / 7 9
- 7 -
FORMAL SESSION
ITEM #13518
Monday, April 2
2:19 p.m.
Council Members present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. liolland, J. Henry
.A4cCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members absent:
14one
INVOCATION was given by Reverend William E. Austin, Virginia Beach
Christian Church.
PLEDGE OF ALLEGIANCE
(ITEM II-D.1) ITEM #13519 MIT@UTES
On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell,
City Council voted to approve the minutes of the Regular meeting of
March 26, 1979, with the following correction:
ITEM #13511 - "Councilwoman Oberndorf asked the City
to enter in as a PROTESTANT"; rather
than "enter in as a PAPTICIPANT".
as the minutes had been previously distributed to Council for their
consideration.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Perrell,
Barbara M. Henley, Clarence A. liolland, 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
4/ 2 7 9
-8-
ITEM II-E.1 ITEM #13520 RESOLURIONS
R E S 0 L U T I 0 N
WHEREAS, the Office of Coastal Zone Management, U. S.
Department of Commerce has announced its intention to terminate funding
of all Coastal Resources Management Projects in Virginia, effective
April 30, 1979, because of its finding that the State of Virginia is
not making satisfactory progress in developing its Coastal Resources
Management Program; and,
WHEREAS, the City of Virginia Beach is a recipient of an
Office of Coastal Zone Management Grant entitled Demonstration Water-
front Access Program which is in process of implementation to the extent
that a project consultant has been employed and contractual liability has
been incurred; and,
WHEREAS, the City has been a staunch supporter of the Coastal
Resources Management Concept and has adopted its own Coastline Management
(Coastal Dune Protection) Ordinance on March 26, 1979; and,
WHEREAS, the City does not feel that the impending cutoff of
its Grant funds is equitable; and,
WHEREAS, the City of Virginia Beach requests that funding of
its Waterfront Access Program be permitted to continue:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That the Office of Coastal Zone Management, U. S. Department
of Commerce, is hereby petitioned to restore the City's terminated
funding so that the Virginia Beach Waterfront Access Program may be
continued.
- 9-
On motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to approve the above Resolution requesting that
funding of the City's Waterfront Access Program be permitted to
continue.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, 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
-10-
ITEM II-F.1 ITEM #13521 PUBLIC HEARING
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER
13, SECTIONS 13-1 AND 13-2 OF THE CODE OF THE
CITY OF VIRGTNIA BEACH AND TO PRESCRIBE ELECTION
DISTRICTS AND VOTING PLACES WITHIN THE CITY OF
VIRGINIA BEACH, VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 13-1 and 13-2 of the Code of the City of Virginia
Beach, Virginia, are hereby amended and reordained to read as follows:
Section 13-1: There are hereby established in the City of Virginia Beach
the following Election Districts and their respective voting places, as
set fortb below:
ELECTION DISTRICTS VOTING PLACES
Virginia Beach A 40th Street and Pacific Avenue
Virginia Beach B Virginia Beach Junior High School
Virginia Beach C Cooke Elementary School
Linkhorn Linkhorn Elementary School
Seatack Seatack Elementary School
Oceana Knights of Columbus Hall
235 First Colonial Road
Little Neck Kingston Elementary School
Kings Grant Kings Grant Elementary School
London Bridge London Bridge Baptist Church
Trantwood Trantwood Elementary School
Great Neck John B. Dey School
Broad Bay Lynnhaven Colony United Church
of Christ
Cape Henry A.R.E. Building (Edgar Cayce
Library)
Plaza Lynnbaven Elementary School
Windsor Woods Windsor Woods Elementary School
Malibu Malibu Elementary School
Aragona A Old Donation Elementary School
Aragona B Aragona Elementary School
Pembroke Pembroke Meadows Elementary School
Chesapeake Beach Chesapeake Beach Volunteer Fire
Department
Thoroughgood Thoroughgood Elementary School
Shelton Park Shelton Park Elementary School
Bayside Bayside Elementary School
Davis Corner Bettie F. Williams Elementary School
Kempsville Point-of-View Elementary School
Arrowhead Arrowhead Elementary School
Larkspur Kempsville Meadows Elementary School
Woodstock Woodstock Elementary School
le e Park College Park Elementary School
Fairfield Fairfield Elementary School
lam Kempsville Junior High School
Brandon Brandon Junior
Thalia Thalia Elementary School
Mount Trashmore United Way Family Center
Holland Holland Elementary School
Green Run Green Run Elementary School
Courthouse Courthouse Volunteer Fire Station
Brocks Bridge Barnes Grocery Store
Sigma Sandbridge Volunteer Fire Station
Creeds Creeds Volunteer Fire Station
Capps Shop Pleasant Ridge Barber Shop
Blackwater Blackwater Fire Station
Central Absentee Voter Election District Upstairs Conference Room, General
iFegistrar's Office
Section 13-2; The geographical boundaries of the Election Districts as
set forth in Section 13-1 are hereby established as delineated on a
certain map prepared by the Planning Staff of the City of Virginia Beach
and captioned "Election Districts", which map is hereby approved.
The Clerk of Council shall endorse the aforesaid map the date
of Council's approval thereof and file the original map with the Minutes
of this day's meeting and shall cause exact copies thereof to be filed
with the General Registrar of the City of Virginia Beach, the Clerk of
the Circuit Court and the Planning Department.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 1979. DEFERRED INDEFINITELY: 4/2/79
This Ordinance shall not be effective until approval by
Court Order p ursuant to Sect ions 24. 1-36 and 24. 1-40 . 3b
of the Code of Virginia (1950) as amended.
- 1 2-
The City Clerk indicated the above Ordinance has been advertised for
public hearing today (April 2, 1979), to amend and reordain Chapter
13, Sections 13-1 and 13-2 of the Code of the City of Virginia Beach
prescribing election districts and voting places within the City of
Virginia Beach; however, it was noted that the City Manager and City
Attorney reconmended this Ordinance be deferred until dispute between
the Electoral Board and the State Board of Elections is settled.
On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
City Council voted to defer indefinitely (until dispute between the
Electoral Board and the State Board of Elections is settled), the
above Ordinance to amend and reordain Chapter 13, Sections 13-1 and
13-2 of the Code of the City of Virginia Beach and to prescribe
Election Districts and Voting Places within the City of Virginia
Beach.
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 3-
ITEM II-G.1 ITEM #13522 CONSENT AGENDA
On motion by Councilman Baum, seconded by Vice Mayor McCoy, City
Council voted to approve the tax refunds in the amount of $771.18
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
Atq ui@[ i-tA(N,;t, . ',L i1/2,@ D Date 3/ZII79
@ I , @- FUN S
-14- UPOti APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF TIIE TREASURER
BE IT ORDAINED BY TIIE COUNICIL OF T]iE CITY OF VIRGINIA BEACH, VIRGINIA:
That the follox.)in- applications for tax refunds upon certification of
the Treasurer are hereby approved:
771.18
To:aling $
TAX TYPE TITKET EXONTR- DATE
NAME YEAF OF TAX NTMBER TION NC PAI D ?ENALTY INT. TOTAL
Dowdy, David A. 79 CD 51327 1/26/79 7.50
Bowie, Hilda P. 79 CD 143530 1/3/79 1.75
Koball, Walter R. 79 CD 38420 1/19/79 7.50
Heritage-Roseniont Ltd 79 1 2RE 670-5 11/8/78 42.00
Gibson, Robert 79 CD 23386 1/1/79 15.00
T.omas & Nettleton 79 1 2RE 63224-4 11/14/7F 75.33
G,,Dss, R,@)nald 14. 79 CD 95266 2/5/79 7.50
Ba8kerville, Sylvia 79 CD 36062 1/12/79 7.50
Trynosky, Ronald P. 78 pp 115018 10/25/7F 51.66
sh,.)mier Antiqties 79 CD 16012 1/8/79 15.00
Panos, James S. 79 CD 34277 1/23/79 15.00
Walters, Charles R. 79 CD 63991 2/13/79 7.50
"@rnith, Nancy N. CD 1/10/79
79 23541 7.50
Applegate, Ruth B. 79 CD 80635 1/3/79 7.50
qLafford, Alepheus F. 79 CD 29754 1/15/79 7.50
P3well, William R. 79 CD 55617 1/31/79 7.50
Cliristian Broakicastin,79 CD 43570 1/23/79 7.50
liydar, William Ii. 79 CD 14859 ]-/1.1/79 15.00
Smith, Frank Ii. 79 CD 23829 1/10/79 7.50
Grvzwinski, Bernard 79 I./2RE 27813-6 8115 11/28/7E 198.00
Eic,helberger, Hazel 79 1/2RE 20458-1 8112 12/4/78 80.00
)-@Iallard, Homer V. 78 pp 112961 2/16/79 135.00
Reyiiolds, James 79 CD 64701 3/2/79 7.50
R@t@,sell, Edwin M. 79 CD 138658 1/29/79 7.50
National Dev. Corp. 74 1112RE 40047-2 4348 8/30/74 14.94
Paredes, Oswald 79 CD 46356 2/@/79 7.50
Briggs, William E. 79 CD 116542 1 1 1/5/79 _i i 7.50
The above abatement(s) totaling
$771.18 were approved by
the Council of the City of Virginia
Beacli on the 2nd day of April
j@ T. )%TKINSM: Treasurer
Approved as to form:
Kuth H. Sm-ith, City Clerk
4/2/79
Attorni
@ale -9. @.n.
- 1 5-
ITEM II-H.l.a ITEM #13523 PLANNING ITEMS
Mr. Robert Bruce Kendell, Attorney, represented the applicant.
Mrs. Helen Paul, Salem Civic League, appeared in opposition.
An Ordinance upon application of R and R Corporation for a Change of
Zoning District Classification from R-5 Residential District to B-2
Community-Business District on certain property located on the South
side of Princess Anne Road beginning at a point 600 feet more or less
East of Providence Road, running a distance of 1325.46 feet along the
South side of Princess Anne Road, running a distance of 200 feet more
or less along the South side of Salem Road, running a distance of
796.80 feet along the Eastern property line, running a distance of
1214.93 feet along the Southern property line and running a distance
of 933.20 feet along the Western property line. Said parcel contains
28.57 acres. KEMPSVILLE BOROUGH.
On motion by Councilman Ferrell, seconded by Councilman Baum, City
Council voted to Deny the above application of R and R Corporation
for a Change assification from R-5 Residential
Distrl'-- -2 Z=iDistr'-ct Cl
of
ct to B- C ty-B..i-ness I)istrict.
Voting: 8-3
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, Roger L. Riggs, Patrick L. Standing
Council Members Voting Nay:
Clarence A. Holland, J. Henry McCoy, Jr., J.
Curtis Payne
Council Members Absent:
None
This application was denied as it was felt that the proposed zoning is
inappropriate for this site given the existing level of available services
and would initiate a strip commercial development pattern along Princess
Anne Road.
-16-
ITEM II-H.l.b ITEM #13524
Mr. Leigh Ansell, Attorney, represented the applicant
Mr. Frank T. Williams, applicant, appeared in favor.
Councilman Baum made a motion, seconded by Councilman Holland, to
approve the application of Frank T. Williams for a Conditional Use
Permit for 10 mobile homes located on the North side of Munden Ro-ad
an on the East side of Morris Neck Road.
Councilwoman Henley offered an AMENDMENT to the above motion, seconded by
Councilwoman Oberndorf, to approve the application of Frank T. Williams
for a Conditional Use Permit, with the following stipulations (in addition
to the ones impose y t e Planning Commission and the City Manager):
1. To require a 150-foot frontage on the road to
conform with acre lots in the area, this would
allow seven (7) trailers instead of the ten (10)
requested.
VOTING ON THE AMENDMENT TO THE MAIN MOTION:
Voting: 6-5
Council Members Voting Aye:
George R. Ferrell, Barbara M. Henley, J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Roger L. Riggs
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, Clarence A. Holland,
J. Curtis Payne, and Patrick L. Standing
Council Members Absent:
None
After considerable discussion, and on motion by Councilman Merrick,
seconded by Councilman Baum, City Council voted to RECONSIDER the
application of Frank T. Williams for a Conditional Use Permit for
ten (10) trailers.
1 7-
Voting: 10-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
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:
Barbara M. Henley
Council Members Absent:
None
-18-
ITEM #13524(a)
On motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to uphold the recomendations of the Planning Connuission
and the City Manager and approve the following Ordinance upon
application of Frank T. Williams for a Conditional Use Permit for ten
(10) mobile homes; with the exception o@stipulation #3 (a 15-foot
dedication along Munden Road), which was waived:
AN ORDINANCE UPON APPLICATION OF FRANK T. R0479239
WILLIAMS FOR A CONDITIONAL USE PERMIT
FOR TEN MOBILE HOMES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that:
Ordinance upon application of Frank T. Williams for a
Conditional Use Permit for 10 mobile homes on certain
property located on the North side of Munden Road
beginning at a point 500 feet East of Morris Neck Road,
running a distance of 1000 feet along the North side of
Munden Road, running a distance of 100 feet along the
Eastern property line, running a distance of 1000 feet
along the Northern property line and running a distance
of 100 feet along the Western property line. Said parcel
contains 2.29 acres. PUNGO BOROUGH.
Approval 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. Septic tank approval is subject to a soil evaluation
of this site. In addition, compliance with the State
trailer park regulations is necessary.
City Council further voted to approve the application to include the
following recommendations of the City Manager:
1. Quarterly inspections on the part of the appropriate
City inspection agencies pertaining to, but not limited
to, minimum housing, health, zoning, and fire. This is
not only to insure compliance with the intent of Council,
but to insure that the condition of the housing is
maintained.
2. A drainage plan approved by the Engineering Division,
the Health Department, and the Soil Conservationist.
3. The property owner should also be advised that any ot her
units he has on acreage owned or rented by him for housing
of employees would be credited to the ten authorized by this
application or be moved to the location stated in this request.
4. Require 150-foot frontage, but if the applicant has
proper approval from the Health Department - could have
a total of 12 trailers (2 of which are grandfathered).
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the-Second day of April, 1979.
-1 9-
Voting: 8- 3
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Donald W. Merrick, J. Curtis
Payne, Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, J. Henry McCoy, Jr., and Meyera
E. Oberndorf
Council Members Absent:
None
- 20-
ITEM II-H.l.c ITEM #13525
Mr. Rhett Bowler, E. V. Williams Company, appeared in favor
Mr. Robert J. Scott, Planning Director, spoke on behalf of
the City, as the application was in the name of the City.
Mrs. Mary Broom, resident of Lake Christopher, spoke on this
matter.
On motion by Vice Mayor McCoy, seconded by Councilman Holland, City
Council voted to approve the following Ordinance upon application of
the Council of the City of Virginia Beach to amend the conditions of
a Conditional Use Permit granted to E. V. Williams Company, Inc., on
June 5, 1978, for a borro@ pit.
ORDINANCE UPON APPLICATION OF E. V. WILLIAMS R0479240
COMPANY, INC., FOR A CONDITIONAL USE PERMIT
FOR A BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that:
Resolution of the Council of the City of Virginia Beach
to amend the conditions of a Conditional Use Permit granted
to E. V. Williams Company, Inc., on June 5, 1979, for a borrow
pit on property located on the South side of Indian River
Road beginning at a point 1259.32 feet West of Kempsville
Road, running a distance of 494.11 feet along the South side
of Indian River Road, running a distance of 297.28 feet in
a Southerly direction, running a distance of 600 feet in
a Northwesterly direction, running a distance of 629.40 feet
in aSoutherly direction, running a distance of 548.70 feet
in aWesterly direction, running a distance of 165.30 feet
in aSoutherly direction, running a distance of 355.10 feet
in aWesterly direction, running a distance of 470.38 feet
in aSoutherly direction, running a distance of 127.21 feet
in aWesterly direction, running a distance of 480.24 feet
in aNorthwesterly direction, running a distance of 195.92
feet in a Northerly direction, running a distance of 597.60
feet in a Westerly direction, running a distance of 1791.45
feet in a Southwesterly direction, running a distance of
2820.52 feet in a Southeasterly direction, running a distance
of 1014.21 feet in a Northeasterly direction, running a distance
of 391.38 feet in a Northwesterly direction, running a distance
of 1019.04 feet in a Northeasterly direction, running a distance
of 224.94 feet in a Southeasterly direction, running a distance
of 1874.75 feet in a Northeasterly direction, running a distance
of 818.41 feet in a Northwesterly direction and running a
distance of 409.37 feet in a Northeasterly direction. Said
parcel contains 185.272 acres. KEMPSVILLE BOROUGH.
Approval is subject to the conditions in conjunction with
the intended use of the land:
1. Upon approval by City Council, and prior to issuance
of an excavation permit, the applicant is to submit to the
Department of Public Works an Erosion and Sediment Control
and Tree Protection Plan and a surety bond in the amount
of $500 per acre or part thereof for each acre to be
excavated
2. The applicant is to submit to the Department of Public
Works, for review and approval, all the necessary information
as indicated in Section 31.2 of the City Code.
3. All future development must conform with the Subdivision
and Site Plan Ordinances.
- 21-
4. Compliance with Article 2, Section 228 of the
Comprehensive Zoning Ordinance pertaining to Extractive
Industries.
5. All requirements of the previous conditional use permit
granted for this site will remain applicable, including the
condition that water service from the private wells of adjacent
residents be maintained with the limits defined in the previous
conditional use permit. However, the area to be excavated
is to be limited to 104.26 acres or 2,852,500 cubic yards,
rather than 88.02 acres.
6. The City is to grant permission to dig the additional
2,852,500 cubic yards within the confines of the pit, as
it is dug now.
7. E. V. Williams Company be required, within the next 30
days, to submit a premilinary site plan of the development
of the property that is outside of the confines of what's
being dug right now.
8. The operator is to cease olerations and stop all excavations
no later than December 31, 1980, except for restoration.
9. The operator is to stop pumping between the hours of
10:00 P.m. and 8:00 A.m.
10. The borrow pit is to be utilized by the City of Virginia
Beach as a drainage outfall for the Kempsville Fzad, Phase
I, Highway project.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Second day of April, 1979.
- 22-
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
- 23-
ITEM II-I.l.a ITEM #13526 ORDINANCES-GENERAL
On motion by Vice Mayor McCoy, seconded by Mayor Standing, City Council
Voted to approve the Ordinance authorizing a temporary encroachment
into a portion of the right-of-way of Independence Boulevard to Beach
Associates.
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
- 2 4 -
Requested by Public Works Dept-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF INDEPENDENCE BOULEVARD
TO BEACH ASSOCIATES.
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,
Beach Associates, is authorized to erect and maintain a temporary
encroachment in the City's right-of-way of independence Boulevard.
That the temporary encroachment herein authorized is for
the purpose of maintaining an entrance sign owned by Beach
Associates and is described as follows:
Commencing at the Northwestern corner of Independence
Boulevard and Holland Road; run thence along the
Western right-of-way line of Independence Boulevard
the following courses and distances: N08-38'11", E
282.79 feet; thence N79051'15", W 30.00 feet; thence
N07'47'16", E 65.30 feet to the Point of Beginning;
thence run N07@47'16", E 25.00 feet; thence run
S82-12'44", E 30.00 feet; thence run S07-47'16", W
25.00 feet; thence run N82@12'44", W 30.00 feet to
the Point of Beginning. The above-described parcel
contains 750 square feet more or less.
PROVIDED, HOWEVER, that it is expressly understood and
agreed that the temporary encroachment herein authorized shall
terminate automatically three (3) years from the date of this
agreement and that within ten (10) days after such termination
date, said entrance sign shall be removed from the City
right-of-way of Independence Boulevard by the party of the second
part, and that said party of the second part shall bear all costs
and expenses of such removal; and, thereafter, that the party of
the second part shall conform to Section 216 of the City's
Comprehensive Zoning Ordinance.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Beach Associates 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 sign.
- 25-
ITEM II-I.3.a.1 ITEM #13527 SECOND READINGS
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to approve on second reading the Ordinance to
appropriate $30,000 for the acquisition of Woodstock Cove Park,
(Lot 20, 8.5 acres), to be developed as a park.
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
- 2 6 -
AN ORDINANCE TO APPROPRIATE $30,000
FOR THE ACQUISITION OF WOODSTOCK COVE PARK
WHEREAS, negotiations between City Officials and W. W.
Reasor Enterprises have been conducted concerning property in
Woodstock Cove; and,
WHEREAS, such negotiations have lead to a mutual agreement
between the parties whereby the City will purchase for $30,000,
Lot 20 in the Woodstock Cove Subdivision to develop an 8.5 acre
park;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT funds in the amount of $30,000 be appropriated from
the General Fund Balance to the Department of Parks and Recreation
for the acquisition of Woodstock Cove Park.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Second day of April, 1979
FIRST READING: March 26, 1979
SECOND READING: April 2, 1979
- 27-
ITEM II-I. 3. a. 2 ITEM #13528
Upon motion by Councilman Riggs, seconded by Councilman Holland, City
Council voted to approve the Ordinance on second reading to appropriate
$60,000 for dredging of Rudee Inlet; and further authorized the City
Manager to enter into the necessary agreements with a commercial dredging
company to perform the dredging operations.
voting: 11-0
CoLmcil 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
- 2 8-
AN ORDINANCE TO APPROPRIATE $60,000 FOR
DREDGING OF RUDEE INLET
WHEREAS, it is the desire of City Council to maintain the
channel between the jetties open to boating traffic using Rudee
Inlet; and,
WHEREAS, it is apparent that the Inlet has become shoaled
with sand thereby creating a hazard to navigation; and,
WHEREAS, the dredge equipment operated by the Virginia
Beach Erosion Commission is unable to operate efficiently in the
surf and tidal conditions at that location; and,
WHEREAS, it has been estimated that the clearing of the
channel could be performed by a commercial dredge company for
approximately $60,000 to complete the job expeditiously.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that $60,000 be appropriated from the General
Fund Balance for the purpose of dredging the Rudee Inlet Channel;
and,
BE IT FURTHER ORDAINED that the City Manager is authorized
to enter into a contract with a commercial dredge company to
perform the dredging operation.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Second day of April, 1979.
FIRST READING: March 26, 1979
SECOND READING: April 2, 1979
4/ 2/ 7 9
- 29-
ITEM II-I.3.a.3 ITEM #15329
Upon motion by Councilwoman Oberndorf, seconded by Councilman Riggs,
City Council voted to approve on second reading the Ordinance to provide
additional positions and necessary appropriations for essential City
operations in the amount of $39,906 for the Police Department, Fire
Department and for Correctional Officers.
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
- 30 -
AN ORDINANCE TO PROVIDE ADDITIONAL
POSITIONS AND NECESSARY APPROPRIATIONS
FOR ESSENTIAL CITY OPERATIONS IN THE
AMOUNT OF $39,906
WHEREAS, the Police, Fire, and Correctional functions
have utilized Grant funds to provide additional positions pending
the availability of City funding; and,
WHEREAS, the Grant for these positions will expire
April 1, 1979; and,
WHEREAS, these City agencies will lose operating
efficiency if the funding for the positions is not continued;
and,
WHEREAS, the Police, Fire, and Correctional functions
require the addition of two, four, and twelve positions
respectively; and,
WHEREAS, appropriations in the amounts of $4,734, $9,648
and $25,524 are necessary to support the respective positions.
NOW, THEREFORE, BE IT ORDATNED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That, effective April 1, 1979, transfers of appropriations
from General Fund Balance and allocation of additional positions
be recorded as follows:
Police Department
1 - Evidence Technician I $ 2,412
- Communications Officer II 2,322
Total Police $ 4,734
Fire Department
4 - Fire Fighters $ 9,648
Correctional Operations
12 - Correctional Officers $25,524
TOTAL APPROPRIATIONS REQUIRED $39,906
FIRST READING: March 26, 1979
SECOND READING: April 2, 1979
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Second day of April, 1979.
-31-
ITEM II-I.3.b.1 ITEM 1115330 FIRST READING
Upon motion by Councilman Merrick, seconded by Mayor Standing, City
Council voted to DEFER for one week the Ordinance to appropriate
$26,000 for appraisals and title reports of land in the Chesapeake
Beach area not covered by the Dune Stablization Ordinance.
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
- 3 2-
AN ORDINANCE TO APPROPRIATE $26, 000 FOR
APPRAISALS AND TITLE REPORTS OF LAND IN
THE CHESAPEAKE BEACH AREA NOT COVERED BY
THE DUNE STABLIZATION ORDINANCE
WHEREAS, protection of the dunes and preservation of
public beach area is of major concern of the citizens and the
City Council; and,
WHEREAS, the Administrative Staff and Planning Commission
are developing a Dune Protection Ordinance; and,
WHEREAS, in order to prevent future problems with
those properties it may be necessary for the City to consider
acquisition; and,
WHEREAS, the City has the oppostunity to acquire such
parcels in the Chesapeake Beach area; and,
WHEREAS, a detailed appraisal and title report of each
parcel is needed in reaching a decision on the acquisition of
such lots; and,
WHEREAS, the appraisals and title reports will cost a
total of $26,000 or $400 per parcel.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT funds in the amount of $26,000 be appropriated from
the General Fund balance to the Department of Public Works for
the necessary appraisals and title reports.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 1979.
DEFERRED by the Council of the City of Virginia Beach,
Virginia, on the Second day of April, 1979.
FIRST READING:
SECOND READING:
- 33-
ITEM II-L.1 ITEM #13531 NEW BUSINESS
The City Clerk notified Council that Mr. Thomas Lyons, who was to
appear before Council today (April 2, 1979), in regards to an encroachment
at Thirty-Ninth Street, would be unable to appear due to the death
of his father; however, Mr. Lyons will appear on Monday, April 9, 1979.
ITEM #13532
Due to some recent adverse publicity given the City's Public Utilities
Department, Mayor Standing appointed the following members of Council
to meet personally with Mr. William T. Riel, former engineer with the
Public Utilities Department:
Councilman Donald W. Merrick
Councilman F. Reid Ervin
Councilman Clarence A. Holland
ITEM #13533
Councilman Ervin indicated when obtaining easements through drainage
lakes (sediment ponds), he feels the Council should ask the engineering
staff to prepare, as part of the City's engineering standards, a design
in approving drainage plans; and, further when requiring easements,
the City should require enough land to construct a sediment basis.
City Council requested the City Manager come back to Council with
recommendations regarding the above matter.
- 34-
ITEM #13534
Councilwoman Oberndorf made a motion, seconded by Councilman l@lerrick,
City Council authorized the City Attorney (on behalf of the citizens
of Virginia Beach) to enter in as a PROTESTA@4T in the request of
Kempsville and County Utilities for a rate increase.
Voting: 11-0
Council Members Voting A@7e:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara @l. Ilenley, Clarence A. Holland, J. Ilenry
McCoy, Jr., Donald IV. Ilerrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council @@lembers Voting Nay:
None
Council Members Absent:
@4one
ITEM #13535
On motion by Councilman Ferrell, seconded by Councilman Baum, City
Council authorized the City Manager to advertise for a Public
Hearing for April 16, 1979, fc)r the purpose of hearing citizen
input on the proposed Operating Budget for fiscal year 1979-80.
Voting: 11-0
Council Alembers 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 illembers Absent:
lione
4/2/-19
- 35-
ITEM 1-tl3536
On motion by Councilman Ervin, seconded by Councilman Payne, and by
unanimous vote, the meeting adjourned at 4:15 p.m.
I
,,Ruth Hodges Tmith, City Clerk
City of Virginia Beach,
Virginia
April 2, 1979
h
4 2/ 79