HomeMy WebLinkAboutMARCH 12, 1979
CITY OF VIRGINII BEICI
MUNICIPAL CENTER
(7
"'Wo@td's @ .9.st s.@t ity" VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g, CLARENCE A. HOL,LAND, M.D., B.y,id. B@,.,gh
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,,ill@ B@,..gh DONALD W. MERRICK, Ly@.b.... B@,@,,gh
JOHN A. BAUM, BI.,k..t@, B@,@,gb AIEYERA E. OBERNDORF, A, L.,g,
F. REID ERVIN, A, L.,g, J. CUR71S PAYNE, P,i@,@,, A@., B.,..gh
GEORGE R. FERRELL, A, L.,g, R06ER L. RIGGS, Vigi@i. B@.,h B@,..gb
BARBARA M. HENLEY, P.@g@ B.,.@gh RL'7 It IIODGES SMITII, Cily Cl@,k
CITY COUNCTL AGENDA
ITEM I INFORMAL SESSION: Monday, 12 March 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. Brackish Groundwater Monitoring Program:
Discussion of concerns with and proposed
actions relating to this program.
2. Farmettes: Slides illustrating the develop-
ment of farmettes.
3. Site Plan Regulations: Discussion of pro-
posed amendment to Section 5.8 pertaining
to right of way improvements.
4. Funland Corporation Application for Change
of Zoning: Request for expedition of this
application. Will be heard by Planning
Commission on April 10, 1979.
ITEM II FORMAL SESSION: Monday, 12 March 1979 - 2:00 p.m.
A. INVOCATION - Captain R. F. Wicker, Jr., Senior
Chaplain,Oceana Naval Air Station.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF REGULAR PREVIOUS MEETING
1. Motion to accept/approve the Minutes of March
5 , 1 9 7 9
E. RESOLUTIONS
1. Letter from the City Manager recommending
that City Council adopt a Resolution
authorizing the City Manager to submit the
fifth year grant application to the Depart-
ment of Housing and Urban Development
(1979-1980) in the amount of $2,569,000.00
F. PUBLIC HEARING - NONE
G. CONSENT AGENDA
(All matters listed under the Consent Agenda are
considered to be routine by the City Council and
will be enacted by one motion in the form listed.
There will be no separate discussion of these
items. If discussion is desired, that item
will be removed from the Consent Agenda and
considered separately.)
1. Letter from the City Manager recommending
that City Council approve the request of
Mr. John T. Atkinson, City Treasurer, for
tax refunds in the amount of $2,401.84.
H. PLANNING ITEMS
1. RECOMMENDATIONS
A. Letter from the City Manager transmitting
the recommendation of the Planning Commission
for approval of the application of Frank T.
Williams 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
deferred this item for two weeks on 26 February
1979 at the request of the applicant.
B. Letter from the City Manager transmitting
the recommendation of the Planning Commission
for denial of the application of Phil Bonifant
for a subdivision variance on a 3.58 acre site
located on the north side of Indian River Road,
west of West Neck Creek (Princess Anne Borough).
C. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
approval of the application of Walter W. Russell,
III, for a subdivision variance on a 1.05 acre
site located on the east side of Woodstock Road,
north of Providence Road (Kempsville Borough).
D. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
denial of the application of Larry 0. and
Jeanine Wenger for a change of zoning from
AG-1 Agricultural District to B-2 Community
Business District on a 2.2 acre parcel located
at the intersection of Sandbridge Road and
Lotus Drive (Princess Anne Borough)
E. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
denial of the following applications of Ralph
Hanna and B. G. Coons:
1. Change of Zoning from R-6 Residential
District to B-2 Community-Business
District on a 1.126 acre parcel;
2. Change of Zoning from 0-1 Office District
to B-2 Community-Business District on a
.482 acre parcel.
(These parcels are located on the west
side of Kempsville Road, south of
Princess Anne Road (Kempsville Borough).
3. Conditional Use Permit for mini-warehouses
on this same property.
2. ORDINANCE RECOMMENDATIONS (PLANNING)
A. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
approval of an ordinance to amend and reordain
Article 1, Section 106 (d) of the CZO pertaining
to appeals and variances.
I. ORDINANCES
1. GRANTS - NONE
2. SECOND READINGS - NONE
3. APPROPRIATIONS
A. Second Readings - NONE
B. Bids
1. Letter from the City Manager recommen-
ding that City Council approve the
following low bids, in the total amount
of $425,000 for sewer system improvements
to Aragona, Princess Anne and Pembroke
Util i ties:
a. Suburban Grading & Utilities, Inc.
in the amount of $127,490.00, for
Floral Street Pumping Station
b. M. E. Wilkins, Inc., in the amount
of $102,478.76, for Floral Street
Force Main
C. Hunt Contracting Company, in the
amount of $11,800.00 for Constitution
Avenue Pumping Station Renovations
d. Hunt Contracting Company, in the
amount of $7,475.00 for Club House
Road Pumping Station Renovations.
e. Ferguson Construction Company, in
the amount of $14,566.00 for Silina
Drive Pumping Station Renovations
C. First Readings
1. An Ordinance to appropriate funds in the
amount of $425,000, for sewer system
improvements to the recently acquired
Aragona, Princess Anne, and Pembroke
Uti 1 i ties
4. ORDINANCES IN GENERAL
A. Letter from the City Manager recommending
that City Council approve an Ordinance to
authorize a temporary encroachment into a
portion of the right-of-way of Cypress
Avenue.
5. CITY CODE AMENDMENTS NONE
J. ADDITIONAL ACTION ITEMS NONE
K. OLD BUSINESS
1. Request of Mrs. Ruth L. Whitehurst, 5329
Morris Neck Road, for a free-standing
mobile Home. (City Council deferred this
item on 26 February, 1979)
L. NEW BUSINESS - NONE
M. ADJOURNMENT
1. MOTION FOR ADJOURNMENT
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACii, VIRGINIA
March 12, 1979
The regular meeting of the Council of the City of Virginia Beach,
VirQinia, was called to order by Mayor Patricl-, L. Standing, in
the Conference Room, in the Administration Building, on Ilonday,
March 12, 1979, at 1:00 p.n@.
Council Members present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. lienley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald W. Merrick, Mevera E. oberndorf,
J. Curtis Payne, Roger L. Riggs, and Patrick L.
Standing
Council Members absent:
None
IIIFORMAL SESSIO@7 ITEM #13405
Mayor Standing entertained a motion to perriit Council to conouct an
INFO.Q,',IAL SESSION to be followed by an EXECUTIVE SESSIOII for the pur-
pos-- of discussing the following:
1. Discussion or consideration of einployment,
assignment, appointment, promotion, demol.ion,
salaries, discipline or resignation of public
officers, ap_pointees or employees of any I-)ublic
bodv. (Personnel Matters)
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or otlier disposition of publicly held
propertv. use or (iis-,Dosition of
publicly held property)
3. Investing of public funds wilere com'Detition
or bargaining are involved @,lhere, i-' made public
initially, the financial interest of the governing
body would be adversely affected. (Financial Dlatters)
4. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential liti(Tation, or
otlier legal matters within the jurisdiction of
the Y)ublic body. (Lec,,al Matters)
3/12/70,
- 2-
On motion by Councilman Riggs, seconded by Councilman Baum, City
Council voted to proceed into EXECUTIVE SESSION followinq the
INFORMAL SESSION.
Vote: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Perrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
ITEM #13406
The City Manager informed Council ol@ the public hearing to be on
Tuesday, March 13, 1979, at Princess Anne High School, at 7:30 p.m.
Tlie public hearing will be on the widening of Virainia Beach Boulevard.
BRACKISH MONITORING PROGRAM ITEM #13407
The City Manager indicated Council had authorized the installation
of test monitoring wells for brackish @qater. The well is located
near Little Creek, on property owned by the Industrial Development
Authority. The first withdrawal from the monitoring well was dis-
appointing in the fact that the decree of alinity in the well was
not as low as the City had hoped. This would Tnean that if the City
went with the desalinization program with the degree of salinity
received from the monitoring well, the Purqps will have "o be chanced
from low pressure pumps to high pressure pumps. This would also mean
more energy usage and a higher degree of cost.
The City Manager feels another testing site should be located that
could have a production well with a lower degree of salinity. if
a well can be located with lower disolved solvents of approximately
5,000 parts per million the City could use a lesser pressure putnp.
At the request of the City Manager, Aubrey V. Watts, Jr., Director
of Public Utilities, indicated the City has constructed one deep
well 1600 feet deep and have run some testings of that well, and
based on the conductivity tests tlie City has encountered higher
total disolve solids than originally anticipated.
The well has been chanqed to a testing well, and screens have
been installed from 1260 to 1300 feet. At the 1600 foot level,
they encountered 18,000 parts per million, which was substantially
greater than anticipated.
3 1 27 9
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Based on the information gathered from the well it is recommended
that the well be continued as a monitoring and testing well, and
the CitV riove to another site southwest of the existing site in
the Industrial Development Park area and proceed with the con-
struction of a second well. There will be no plant on this pro-
perty. If the well proves productive with low DDS counts it
would be Dumped to the plant.
The City Manager indicated that if this meets with Council's approval
the cost will be approximately $60,000, and he requested he be permitted
to proceed with the change order under the oriainal contract.
FARMETTES ITEM #13408
The City Manager indicated he wished to discuss farmetts, and some
of the site improvements required in those areas. The City has
always required curb, gutter and drainage in any area; however, the
City recently found out from the Director of the Health Department
that in areas previously considered rural, and in some farm areas
where curb and gutter were not required, the Health Department has
good solid reasons why the City should require the same types of
improvements as required in areas more densely populated, especially,
in areas that are having poorly drained soil.
The Citv @@lanager gave a slide presentation on farmettes in Virginia
Beach, and Chesapeake.
The City Manager indicated that one of the main problems with
swails is that it encourages lower runoff and the water permeates
into the soil causing a slow drainage ratio.
SITE PLAN REGULATIONS ITEM #13409
The City Manager stated that developers of subdivisions have always
put in street lights; however it has never been part of the site
plan requirements.
The City Manager indicated he would like to amend the ordinance to
include street lights as part of the site plan regulations.
This matter will be brought up next wee]'L, March 19, 1979, on the
FORMAL AGENDA.
EXPEDITION OF APPLICATIONS ITEM #13410
The City Manager indicated there have been three requests for
applications to be expedited before Council after coming to the
Planning Commission:
1. Volunteers of America - proposed group home
for the development of the disabled. Will
go to the Planning Commission on April 10,
1979, and be heard by Council on April 16,
1 9 7 9 .
2. Funland Corporation - proposed amusement park.
Will go to the Planning Commission on April 10,
1979, and heard by Council on April 16, 1979.
3 /1 27 9
- 4-
3. Mr. Brackston Burbage - proposed sales of
horse trailers near Kings Department Store.
To be heard by Planning Commission on April 10,
1979, and heard bv Council on April 16, 1979.
These matters are to be advertised sinultaneously and the public
attending the Planning Commission is to be informed that they
will be heard by Council the following week.
COMMUNITY DEVELOPMENT ITEM #13411
The City Manager indicated meetings have been held with the Comrqunity
Development Loan Prograrq Comrnittee, and have informed Dlrs. White,
Director of Housincr and Urban Development, the City will be able to
comply with their aeadline of March 15, 1979 (@irs. White indicated
no extension will be granted after March 15, 1979).
On the FORMAL AGENDA for Council's approval wil-1 be an ordinance
stating that "The Director of Finance shall credit and the City
Treasurer shall deposit any federal funds received by the City of
Virginia Beach, Virginia, for loan purposes under Title I (Cominunity
Development) of the United States Housing and Community Development
Act of 1974, as amended, in a special fund in a depository which
shall be established separate and apart from any other funds, general
or special."
ORDINANCE (ROSE HALL) ITEM #13412
The City Manager stated that at last weeks meeting, he indicated
the ordinance regarding Rose Hall did not contain the 13 acres
for the apartment project. Inadvertentlyit did contain the 13
acres, and after discussinq the matter with the attorney who
prepared it, the 13 acres is needed to be declared surplus and
would have to be handled in ordinance form.
The City Manager noted there is no probletq witli this as the pro-
perty, when sold, would have to go out on a bid basis; however,
he wanted Council to be aware that the ordinance did contain the
property.
- 5-
FORMAL SESSION
ITEM #13413
Monday, March 12
2:20 1D.m.
Council Members present:
John A. Baum, F. Reid Ervin, George R. Ferrell
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Patrick L.
Standing
Council Members absent:
None
INVOCATION was given by Captain R. F. Wicker, Jr., Senior Chaplain,
Oceana Naval Air Station.
PLEDGE OF ALLEGIANCE
(ITEM II-DL) ITEM #13414 MINUTES
On motion by Councilman Ferrell, seconded by Councilman Holland, City
Council voted to approve the Minutes of the Regular meetina of March 5,
1979, as the minutes had previously been distributed to Council for
their consideration.
Vote: 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 P4embers Voting Nay:
None
Council Members Absent:
None
3 /1 27 9
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(ITEM II-E.1) ITEM #13415 RESOLUTIONS
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to ADOPT the Resolution authorizing the City Manager
to submit the Fifth Year Grant application to the Department of Housing
and Urban Development (1979-1980), in the amount of $2,569,000.
Voting: 11-0
Council Members Voting Aye:
John A. Baign, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 7 -
R E S 0 L U T I 0 N
WHEREAS, the United States Congress has established
legislation designated as the Housing and Community Development
Act of 1974 setting forth as a national goal the development of
viable urban communities; and,
WHEREAS, the United States Congress has enacted
legislation designated as the Housing and Community Development
Act of 1977, providing for continuing efforts in the development
of viable urban communities; and,
WHEREAS, there is federal assistance available for the
support of community development and housing activities directed
toward specific objectives such as the elimination of slums and
blight; the elimination of conditions which are detrimental to the
health, safety and welfare; the conservation and expansion of the
Nation's housing stock; the expansion and improvement of the quantity
and quality of community services; and other related activities; and,
WHEREAS, the City of Virginia Beach has developed a
multi-year Community Development Program and structured the necessary
mechanisms for implementation in compliance with federal directives;
and,
WHEREAS, the City of Virginia Beach is in the process
of implementing this Program and desires to initiate an application
for Fifth Year funding in the amount of $2,569,000.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
to cause such information or materials as may be necessary to be
provided to the Department of Housing and Urban Development to permit
the formulation, approval and funding of the City's Fifth Year
Entitlement Grant Application:
AND BE IT FURTHER RESOLVED, that the Council of the
City of Virginia Beach gives its assurance that the intent of the
Acts will be complied with in full;
AND BE IT FURTHER RESOLVED, that the Department of
Housing and Urban Development is respectfully requested to assist
in the prompt approval and funding of the subject program in order
that the public interest of this City may be best protected.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of March, 1979.
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(ITEM II-G.1) ITEM #13416 CONSENT AGENDA
On motion by Counc il man FerreII, seconded by Counc ilwoman Oberndorf ,
City Council voted to APPROVE business license refunds in the amount
of $2,401-84.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
AN 01@DII@At@CE AU '110i@IZI.'@@
- 9- UPON APPLICI@TION OF CERTAIN PERSONS AIID
UPON Cl-,RTIY-'TCATION OF TFIF CO'l.@TSSIONI'i@
OF TIIE REVENUE
BE IT ORDAINED BY THE COU',@CIL OF Till' ('ITY OF VIRCINTA BEACH, VIRGINIA:
That the following applications for li.cc@iise refuridc;, uporl certificatic)ll
of the Commissioner of tlic! Reventic aro lir-,rcby
LICENSE DK'fff---
NA-ME YEAR PAID --BASE PENALTY --INT. TOTAT,
F. R. Hoar & Sons Inc. 1978-79 10/3/78 240,000 449.50
1650 28th Court South
Birmingham, Alabama 35209
ce@ /if ied as tIo Payment:
@v-art 1). :,Iapp
Commissioner ol- Revenue
Ap form:
ty Attorney
The above abatement(s) total-ing were approved by the
Council of the City of Virginia Beach on thel2 day o- @larcii
1 9 7 9
Rut.h H
City Clerk
t I i
7 9 I C,
2 0
F'I,Ic@@ tC)
1 2 7 9
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS Al@D
UPON CERTIFICATION OF TIIE COMMISSIONER
OF TliE REVENUE
BE IT ORDAINED BY THE COUNCIL OF TliE CITY OF VI-RGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of -,he Cc)mrnissio@ier of the Revenue are hereby apl)roved:
Febru@r 28. 9@,9
LICENSr DATE
NPu,IE YEAR PAID BASE PENALTY TNT. TOTAL
Med-Way Drug Ctr 1978 See attached $ 255.58
101 Chesapeake illedical- Office Audit
Cliesapeake, Va. 23320
Cert@fied as to Payment:
@van D. Ilapi)
Conunissioner of Revenue
Ap form:
y Attorney
The above abatement(s) totaling_ $255.58 were approved by the
Council of the City of Virginia Beach on the 12 day of-- @larch
1 9 7 9
th mit-@
City Clerk
3 /1 27 9
1 2 -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATTON OF CERTATN PERSON,@ A14D
UPON CERTIFTCATION OF TIIF,, CO@1'4TSSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
LICENSE DATL--
NAME YEAR PAID BASE PENALTY INT. TOTAL--
Earl C. Ptickett oct. 25,1978 See Audit Attached 114.63
1212 Back Road
Chesapeake, Va. 23320
Cer,tif ied ap to Paymeiit:
Iva,@
Commissioiier of Revenue
Approved form:
Db16- Biffison
i-ty Attorney
The above abatement(s) totaling__$11.4.63 were approved by the
Council of the City of Virginia Beach on thel2 day of @larcl,
19 79
Outh H. Siaith
City Clerk
3/12/79
1 3-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CV-RT-.IN PERSONS A'@D
UPON CERTIFICATION OF TH7- CO"ZAISSIO@'ER
OF TIIE REVENUE
BE IT ORDAINED BY THE COUNCIL OF TH@- CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the ComTnissioner of the Revenue are hereby app.-oved:
LICENSE DAT,
N@IE YEAR PAID BASE PENALTY INT. TOTAL
Adams, @,lilliam N. 1977-78 5-18-77 5,663.00 51.12
4937 Great Lakes Dr '
Va. Beach, Va. 23462
Cer ied o Payment:
Ivan D. @iapp
Cormnissioner of Revenue
Approved a orm:
DAV&- Bii,is6n
cfty Attorney
The above abatement(s) totaling $51.12 were approved by the
Council of the City of Virginia Beach Oil the 12 day of March
1 9 7 9
.@th H. Smith
City Clerk
3 /1 27
1 4-
AN ORDINANCE AUTliORIZING I,TCENSE REFUNDS
UPON APPLICATION OF CER"AIN PERSONS Al@D
UPON CERTIFICATION OF TIIE CO@l!IISSIO"C'R
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license re,-unds, upon certification
of the Commissioner of the Revenue are hereb,@, approved:
February 28, 1979
LICENSE DATE
NAME YEAR PAID BASE PEINAL'I'Y INT. TOTAL
Number One Corp 1978 See attached $ 1,531.01
F & M Bldg. Ste 616 Audit
One Bank Street
Norfolk, Va. 23509
Ce as toPaye,,t:
Ivan D. -'Ilal?p
Con,inissioner of Revenue
Approved as to form:
@ty Attoriiey
The above abatement(s) totaling $1,531.01 were approved by the
Council of the City of Virginia Beach on the 12 day of Marcli
19 7 9
th 11. Smith
City Clerk
3 /1 27 9
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(ITEM II-H.I.a) ITEM #17417 PLANNING ITEMS
Attorney W. Leigh Ansell, represented the applicant
On motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Counci 1 voted to DE FER the appii cation of Frank T. Wil Iiams for
a Conditional Use Permit for 10 mobile homes until the first meeting
in April (April 2, 1979 ; and, further voted to REFER back to the
Planning Commission, as soon as possible for reconsideration, the
Mobile Home Ordinance.
Voti ng I 1 - 0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 6-
An Ordinance upon application of Frank T. Williams
for a Conditional Use Permit for 10 mobile homes
on cerfain 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.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a
recorded vote of 10 for the motion and 1 abstention
to approve this request subject to the following
conditions in conjunction with the intended use
of the land:
1. Standard improvements as required by the Site
Plan Ordinance.
2. Septic tank approval is subject to a soil evaluation
of this site. In addition, compliance with the State
trailer park regulations is necessary.
3. A dedication of right-of-way 25 feet from the
centerline of the existing 20-foot right-of-way
along the 1,000 foot frontage on Munden Road,
(a 15-foot dedication).
1 7 -
SS 35-1 TRAILERS kND TRAILER CAMPS SS 35-3
SS 354. Same-TemPorary u-.
SS 354. Same-In agricultumi districts.
SS 35-5. Enforcement f article-
@icle 1. In General.
sec. 35-1. tions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
Freestanding mobile home. A mobile home that is not located in
a mobile home park.
Mobile home. Any vehicle designed, maintained and offered or
used for living or sleeping purposes which is equipped or intended
to be equipped with wheels or other devices for the purpose of
transporting the unit.
(Ord. No. 571, SS 1.)
Article 11. Freestanding Mobile Homes.
Sec. 35-2. Permit-Required.
It shall be unlawful for any person to maintain, operate, occupy
or use a freestanding mobile home unless such person shall have
obtained a permit therefor. (Ord. No. 571, SS 2.)
Sec. 35-3. Same-Tempor@ use.
A permit for a temporary freestanding mobile home, to be used
exclusively for office quarters while the construction of the
principal building is being planned and completed and as
temporary office quarters for firms engaged in highway
construction, building construction and trucking operations may
be issued by the zoning officer for a period not to exceed one
calendar year; provided, that all requirements of the city zoning
regulations are otherwise complied with. Such permit may be
renewed for additional twelve month periods. (Ord. No. 571, SS 3.)
582.3
Supp. 11, 6-75
-1 8-
SS 35-4 VIRGINIA BEACH CITY CODE SS 35-4
Sec. 35-4. Same-In agricultural districts.
A permit to allow one freestanding mobile home may be
approved by the inspections service division in any area zoned
agricultural district; provided, that the following conditions are
complied with:
(a) The mobile home is located to the rear or side and on the
same lot or parcel with a principal residential building and all
dimensional requirements for two dwellings are complied with
and the required yards or open space of the principal dwelling are
not encroached upon.
(b) The mobile home is not to be located within four hundred
feet of any other residence existing at the time application is
made to locate the mobile home. This distance may he reduced by
the city council; provided, that the applicant submits written
evidence of a medical hardship; and provided further, that all
other provisions of this chapter are adhered to.
(c) The immediately adjoining property owners and those
directly across the front;ng street shall be notified by the
inspection services division of the receipt of an application to
place a mobile home. Such notice shall be mailed at least fifteen
days prior to the issuance of a permit by the inspection services
division. The address to which such notice shall be sent by the
inspection services division shall be that as shown on the tax
records of che city.
(d), The inspection services division shall not issue a permit to
locate a freestanding mobile home until the method of sewage
disposal for such mobile home is approved by the health
department.
(e) A freestanding mobile home authorized under the terms of
this section shall not be rented to anyone not a member of the
family resident in the principal dwelling on the lot or parcel and
such mobile home shall not be occupied by more than one family.
(f) The inspection services division shall, upon written receipt
of an objection from persons set forth in subsection (c) of this
section, to the placement of a freestanding mobile home refer the
application to the city council for approval or disapproval. If no
582.4
Supp. 11, 6-75
I I
I
I
I
I
1 9-
SS 35-5 TRANSIENT LODGING FACILITIES SS 35A-1
objection is received by the inspection se-ices division, it shall be
authorized to issue the freestanding mobile home permit at the
expiration of the notification period. (Ord. No. 571, SS 4.)
Sm. 35-5. Enforce-ent of article.
This article shall be enforced by the inspection services
administrator or his designee. (Ord. No. 571, SS 5.)
CHAPTER 35A.
TRA,NSIENT LODGING FACILINES-
SS 35A-1. Definitions.
SS 35A-2. Registratio. required.
SS 35A-3. Regi@te,ing under false name unlawful.
SS 35A-4. Numbering of ro-ms-
SS 35A4.1. Rate advetisements.
SS 35A-5. Penalty.
Sm. 35A-1. DefWtions-
The following words, when used in this chapter, shall have the
following meanings, respectively, except in cases where the
context clearly indicates a different meaning:
583
Supp. 11, 6-75
2 0 -
OR'I.NIANCE --'350
AN ORDINANCE TO IA!@iE.ND AND REORDAIN
ARTICLE 4, SECTION 401(c)
OF THE COI@IPREHEINSIVE ZONING ORDINANCE
PERTAINING TO CONDITIO@@AL USES @ND STRUCT'@'RES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 4, Section 401(c), Conditional uses and structures, of the
C.Z.O. is ariended and reot-dained as follows:
(13) %lobile hories, j)rovided that @liey shall be located on
land othet-iqise used for, aqricultui@al p_yrpcses, @ha@hey
shall that t;.ey shall be
used o@1-y- a-s shel-ter -for 1 abo t-ers on that .1@a-rm, alld---that
@h e
y__shall be allo@.jl-d oiily on fa@-[7,s_ (-,t-eat@t- tl-,an -@@.@o
hundred 2i@d-fifty (@50) coiiti@uous acres iti s-j-z-e-,- uiider
the saf,.,e ov,@iiet-ship@
(14) (134 tlonastot@ies aild convc-iits;
(15) @114) t-lus,,Lipis atid art gallei-ies @.,,hen not opera'Uc-Li by a pliblic
ayciicy;
(16) (154 Private scliools haviiig academic cui@riculur-S Silqildr tO
public schools;
(17) (46) Public util-@ty trans-ot-r.-@er statioiis -,nd rr@ior trai,.sniission
lines diid t.,,,,ers (50,000 volts or i@ot-e);
('18) (174 Recreation aiid amusep,@ent facilities of an jtdool, natul-e
other than as specified under p2r,i@i'@@ed pf-iiicipal uses
and s-Lructtit-es, @@iiich r.,ay be pat-tially Or -el)ipc)rarilY
eiiclosed on a seasonal basis @vi'lh apijr,:val of City Colincil;
(19) (110.) Rec@'cational c.-i-,,pgrounds;
(20) (194 Ridiiig acddcr,,,@@es, horsps for hil-e rit,
(21) (20) Storace, o 1 f i ces or ii@-ii ntenaiice i iistal I at Dns i@or publ i c
utilities;
(22) (244 Television or other bi@oadcas'Liiig stations -,nd line-cf-si(!ht
relay devices;
(23) @224 Lodges for fraternal o@-ganizatiolls;
(24) @234 Two family detached dv,-ellings.
Adopted by the Council of the City of Viy-ginia Beach, Virginia, on the
17th day of @yril 1978.
- 21 -
(ITEM II-H.l.b) ITEM #13418
Mr. Phil Bonif an t appeared in fa vor of the var i an ce
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to DENY the request of Phil Bonifant for a subdivision
variance on a 3.58-acre site located on the north side of Indian
River Road, west of West Neck Creek, in the Princess Anne Borough.
The application was denied as it was felt there had bpen no hardship
demonstrated by the applicant.
Voting: 1 0 - 1
Council Members Voting Aye: (for denial)
John A. BaLim, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin
Council Members Absent:
None
- 2 2-
Subdivision Variance: Appeal from Decisions of
Administrative officers in regard to certain
elements of the Subdivision Ordinance, Subdivision
for Phil Bonifant- Property located on the North
side of Indian River Road, 714.86 feet West of West
Neck Creek. Plats with more detailed information
are available in the Department of Planning.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning
Commission by a recorded vote of 13 to deny this
request. It was felt that@there had been no hard-
ship demonstrated by the applicant.
- 2 3-
(ITEM II-H.l.c) ITEM #13419
Mr. Walter Russell appeared in favor of the variance.
Vice Mayor McCoy's motion, seconded by Councilman Ferrell, to APPROVE
the application of Walter W. Russell, III, for a subdivision variance
on a 1.05 acre site located on the east side of Woodstock Road, north
of Providence Road, in the Kemps vi I le Borough, was LOST:
Subdivision Variance : Appeal from Decisions of
Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision
for Walter W. Russell, III. Property located on
the east side of Woodstock Road, 1604 feet north
of Providence Road. Plats with more detailed
information are available in the Department of
P 1 a n n i n g .
Planning Commission Recommendation:
A motion was passed by the Planning Commission
by a recorded vote of 11 for the motion and 2
aga i nst to app rove t his req ue st -
Voti ng 4- 7
Council Members Voting Aye:
George R. Ferrell, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, and Mayor Patrick L. Standing
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence
A. Holland, Meyera E. Oberndorf, J. Curtis Payne, and
Roger L. Riggs
Council Members Absent:
None
- 2 4-
ITEM #13419(a)
Councilman Baum made a motion to require the applicant to adhere to
Section 4.1(m), 5.5(a), 5.4 and 5.6 of the Subdivision Ordinance
which requires minimum street pavement widths, curb and gutter,
street lights and sidewalks.
Af ter furt her dis c ussion, Counci l man Baum WITHDREW his motion.
ITEM #1 341 9 (b )
On motion by Councilman Ervin, seconded by Councilman Riggs, City
Council voted to RECONSIDER the application of Walter W. Russell,
III, for a subdivision variance on a 1.05 acre site located on
the east side of Woodstock Road, north of Providence Road.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 5-
ITEM #13419(c)
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City
Council voted to APPROVE the request of Walter W. Russell, III, for
a subdivisioh variance on a 1.05 acre site located on the east side
of Woodstock Road, north of Prov i de nce Road , in the Kemps vi II e Bo rough -
Voting: 10-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell ,
Barbara M. Henley, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick
L. Standing
Council Members Voting Nay:
Clarence A. Holland
Council Members Absent:
None
- 26-
(ITEM II-H.d) ITEM #1 3420
A letter from the applicant requesting withdrawal is on file in the
Office of the City Clerk.
Mr. Henry Green appeared in opposition to withdrawal of the application.
On motion by Councilman Payne, seconded by Councilman Baum, City Council
voted to DENY the application of Larry 0. and Jeanine Wenger for a
Change of Zoning District Classification from AG-1 Agricultural District
to B-2 Community-Business District on a 2.2 acre parcel located at the
intersection of Sandbridge Road and Lotus Dri ve in the Princess Anne
Borough: It was felt it would promote strip commercial development in
the area.
Ordinance upon application of Larry 0. and Jeanine
Wenger for a Change of Zoning District Classification
from AG-1 Agricultural District to B-2 Community-Business
District on certain property located at the intersection
of Sandbr idge Road and Lotus Dri ve , runn ing a distance of
319.04 feet along the West side of Lotus Drive, running a
distance of 231.49 feet in a Southwesterly direction,
running a distance of 195-91 feet in a Northwesterly
dirbction, running a distance of 437.09 feet along the
East side of Sandbridge Road and running around a curve
a distance of 110-74 feet. Said parcel contains 2.2
acres. PRINCESS ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning
Commission by a recorded vote of 13 to deny this
request. It was felt the proposed zoning would
promote a strip commercial development pattern in
this area.
2 7-
Voting: 1 1 - 0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell , Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 8-
(ITEM II-H.e) ITEM #13421
Mr. Walter Monahan represented the applicant
Mr. Ralph Hanna appeared regarding his application
On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, CitY
Council voted to DENY the following applications of Ralph Hanna and
B. G. Coons for Changes of Zoning District Classification as it was
felt approval of this request would be detrimental to the established
residential development in this area, and there was insufficient means
of access to the parcel:
1. R-6 Residential District to B-2 Community
Business District on a 1.126 acre parcel.
2. 0-1 Office District to B-2 Community
Business District on a .482 acre parcel.
Ordinance upon application of Ralph Hanna and B. G.
Coons for a Change of Zoning District Classification
from R-6 Residential District to B-2 Community-Business
District on certain property located on the west side
of Kempsville Road beginning at a point 200 feet more
or less South of Princess Anne Road, running a distance
of 50 feet along the West side of Kempsville Road,
running a distance of 991.48 feet along the Southern
property line, running a distance of 50 feet along the
Western property line, running a distance of 680 feet
more or less in a Northeasterly direction, running a
distance of 50 feet in a Northwesterly direction,
running a distance of 70 feet in a Northeasterly
direction, running a distance of 50 feet in a Southerly
direction and running a distance of 320 feet more or
less in a Northeasterly direction. Said parcel contains
1.126 acres. KEMPSVILLE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning
Commission by a recorded vote of 13 to deny this
request. It was felt that approval of this request
would be detrimental to the established residential
development in this area and that there was insuf-
ficient means of access to the parcel.
- 2 9-
Ordinance upon application of Ralph Hanna and
B. G. Coons for a Change of Zoning District
Classification from@0- @ffice District to
B-2 Community-Business District on certain pro-
perty located 280 feet more or less West of
Kempsville Road beginning at a point 440 feet
South of Princess Anne Road, running a distance
of 700 feet more or less along the Southern
property line, running a distance of 34-72
feet along the Western property line, running a
distance of 700 feet more or less along the
Northern property line and running a distance
of 34.72 feet along the Eastern property line.
Said parcel contains .482 acre. KEMPSVILLE
BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning
Commission by a recorded vote of 13 to deny this
request. It was felt that approval of this request
would be detrimental to the established residential
development in this area and that there was insuf-
ficient means of access to the parcel.
City Council further voted to DENY the application of Ralph Hanna and
B. G. Coons for a Conditional Use Permit for mini-warehouses on the
west side of Kempsvi@lle Road, south of Princess Anne Road, in the
Kempsville Borough, as it was felt that it would be detrimental to
the established residential development in this area and that there
was insufficient means of access to the parcel:
Ordinance upon application of Ralph Hanna and
B. G. Coons for a Conditional Use Permit for
mini-warehouses on certain property located on
the West side of Kempsville Road beginning at
a point 159.04 feet South of Princess Anne Road,
running a distance of 84.72 feet along the West
side of Kempsville Road, running a distance of
991.48 feet along the Southern property line,
running a distance of 84.72 feet along the
Western property line, running a distance of 890
feet in a Northeasterly direction, running a
distance of 90 feet in a Southeasterly direction,
running a distance of 70 feet in a Northerly
direction and running a distance of 80 feet in a
Northeasterly direction. Said parcel contains
1.608 acres. KEMPSVILLE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning
Commission by a recorded vote of 13 to deny this
request. It was felt that approval of this request
would be detrimental to the established residential
development in this area and that there was insuf-
ficient means of access to the parcel.
- 30 -
Voting: 7- 4
Council Members Voting Aye: (for denial)
John A. Baum, George R. Ferrell, Barbara M. Henley,
Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin, Clarence A. Holland, Donald W.
Merrick, and J. Curtis Payne
Council Members Absent:
None
- 31 -
ITEM II - H. 2. a ITEM #13422 ORDINANCES
COUNCILMAN HOLLAND LEFT COUNCIL CHAMBERS
On motion by Councilman Merrick, seconded by Councilman Riggs, City
Council voted to APPROVE the Ordinance to amend and reordain Article
1, Section 106(d) of the Comprehensive Zoning Ordinance pertaining to
Appeals and Variances.
Voting: 1 0 - 0
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D.
- 3 2-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 106(d)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO APPEALS AND VARIANCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 2, Section 106, Appeals and Variances, of the
C.Z.O. is amended and reordained as follows:
(a) The Board of Zoning Appeals shall hear and
decide appeals from any order, requirement,
decision, or determination made by the Zoning
Administrator in the administration or enforce-
ment of this Ordinance as set froth in Section
15.1-495 through 15.1-497, Code of Virginia,
1950, as amended.
(b) The membership, organization, powers, duties, and
procedures of the Board of Zoning Appeals shall
be as set forth in Section 15.1-497 of the Code of
Virginia, 1950, as amended.
(c) Every appeal to the Board of Zoning Appeals for
an action under Section 205 of this Zoning
Ordinance shall be accompanied by afee of Ten
Dollars ($10.00) which shall be applied to the
costs of advertising and expenses incidental to
reviewing, publishing, and reporting the facts.
(d) All other appeals to the Board of Zoning Appeals
shall be accompanied by a fee of Twemty-F4ve
Dollars Fifty Dollars ($50.00) which shall be
applied to the costs of advertising and expenses
incidental to reviewing, publishing, and reporting
the facts.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of March, 1979.
- 3 3-
(ITEM II-I.3.B.a) ITEM #13423 BIDS
COUNCILMAN HOLLAND RETURNED TO CHAMBERS
The following bids have been received for Floral Street Pumping Station
Sewer System Improvements to Aragona, Princess Anne and Pembroke
Utilities):
Suburban Grading & Utilities, Inc. $127,490.00
Gavco Corporation $136,957-00
Van de Riet Construction Co., Inc. $146,600.00
Luke Construction Company, Inc. $153,400.00
*Crowder Contracting Company, Inc. $133,700.00
*No Bond
Engineer's Estimate $150,009.00
On motion by Councilman Merrick, seconded by Councilman Payne, City
Council voted to APPROVE the low bid of Suburban Grading & Utilities
Incorporated, in the amount of $127,490.00 for the Floral Street
Pumping Station (Sewer System Improvements to Aragona, Princess Anne
and Pembroke Utilities).
Voting: 1 1 - 0
Council Members Voting Aye:
John A. BaLgn, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 34-
(ITEM II-I-3Bb) ITEDA #13424
The following bids were received for the Floral Street Force Main:
M. E. lqilkins, Inc. $102,478.76
Suburban Gradinq & Utilities, Inc 125,968.50
Central Builders 127,027.50
Utility Builders, Inc. 129,576.00
A & W Contractors, Inc. 168,374.25
*Crowder Contracting Company, Inc 135,441.25
*No Bond
Engineer's Estimate $114,000.00
On motion by Councilman Merrick, seconded by Councilman Payne, City
Council voted to APPROVE the low bid of M. E. Wilkins, Inc., in the
amount of $102,479.76 for the Floral Street Force Main (Sewer System
Improvements to Araqona, Princess Anne and Pembroke Utilities).
Voting: 11-0
Council Me@ers 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, Roaer L. Rigcrs, and Patrick L.
Standing
Council Members Votinq Nay:
None
Council Members Absent:
None
3 1 27 9
- 3 5 -
(ITEM II-I-3Bc) ITEM #13425
The followinq bids have been received for Constitution Avenue
Pumping Station Renovations (Sewer System Improvements to
Aragona, Princess Anne and Pembroke Utilities)
Hunt Contracting Company $11,800.00
Crowder Contracting Co., Inc. 12,700.00
Ferguson Construction Company 13,056.00
Gavco Corporation 16,451.00
Luke Construction Company 19,000.00
On motion by Councilman Merrick, seconded by Councilman Payne, City
Council voted to APPROVE the low bid of Hunt Contracting Company,
in the amount of $11,800.00 for the Constitution Avenue Pumping
Station Renovations (Sewer System Improvements to Aragona, Princess
Anne, and Pembroke Utilities).
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
3 1 27 9
- 3 6 -
(ITEM II-I-3Bd) ITEM #13426
The following bids were received for the Club House Road Pumping
Station Renovations:
Hunt Contracting Company $7,475.00
Ferguson Construction Company 7,789.00
Crowder Construction Co., Inc. 10,700.00
Gavco Corporation 11,724.00
Luke Construction Company 14,000.00
on motion by Councilman Merrick, seconded by Councilman Payne, City
Council voted to APPROVE the low bid of Hunt Contracting Company,
in the amount of $7,475.00 for the Club House Road Pumping Station
Renovations (Sewer System Improvements to Aragona, Princess Anne,
and Pembroke Utilities).
Voting: 11-0
Council Moribers Voting Aye:
John A. Baum, F. Reid Ervin, C@eorge R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henrv
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 1 2 7 9
- 3 7-
(ITEM II- I.c. B. e ITEM #13427
The fol lowing bids have been receive d for the Silina Drive Pumping
Station Renovations:
Ferguson Construction Co- $14,566-00
Crowder Construction Co., Inc. $16,700.00
Hunt Contracting Company $17,175.00
Gavco Corporation $20,592.00
Luke Construction Company $23,600-00
On motion by Councilman Merrick, seconded by Councilman Payne, City
Council voted to APPROVE the low bid of Ferguson Construction Company,
in the amount of $14,566.00 for the Silina Drive Pumping Station
Renovations (Sewer System Improvements to Aragona, Princess Anne,
and Pembroke Utilities).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 38-
(ITEM II-I.C) ITEM #13428 FIRST READING
On motion by Councilman Payne, seconded by Vice Mayor McCoy, City
Council voted to ADOPT ON FIRST READING the Ordinance to appropriate
funds for sewer system improvements to the recently acquired Aragona,
Princess Anne, and Pembroke Utilities.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 9-
AN ORDINANCE TO APPROPRIATE FUNDS
FOR SEWER SYSTEM IMPROVEMENTS TO
THE RECENTLY ACQUIRED ARAGONA,
PRINCESS ANNE, AND PEMBROKE UTILITIES
WHEREAS, the recently acquired Aragona, Princess Anne,
and Pembroke Util it ies require modif i cations in order to comply with
City standards; and,
WHEREAS, these modifications include pump station alarms,
security fences, various renovations, and Hampton Roads Sanitation
District connection; and,
WHEREAS, funding for this cost is to be appropriated from
the fund balance in the Water and Sewer fund over a five-year period;
and,
WHEREAS, the modifications scheduled for the 1979 fiscal
year are estimated to cost $425,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That funds in the amount of $425,000 be appropriated from
the fund balance of the Water and Sewer Fund to the Department of
Pub l ic Util it ies for the purpose of modifyin g the recently acquired
Aragona, Princess Anne, and Pembroke Utilities' Pump Stations.
FIRST READING: March 12, 1979
SECOND READING:
ADOPTED by the Council of the City of Virginia Beach,
Virginia, on the - day of 1979.
- 40 -
BREAKDOWN PROJECT TOTAL COST
20%
PROJECT LOW BID ENGINEERING CONTINGENCY TOTAL
Floral Avenue 127,490.00 11,474-10 27,792.82 166,756-92
Pump Station
Floral Avenue 102,478-76 7,685-91 11,016.47 121,181.14
Force Main*
Pump Station
Renovation
Constitution
Avenue 11,800.00 4,720.00 3,304-00 19,824.00
Pump Station
Renovation
Club House
Road 7, 4 7 5. 00 2 , 2 42 - 50 1 , 94 3. 50 11 , 661 - 00
Pump Station
Renovation
Silina Drive 1 4, 5 66 - 00 2 , 91 3. 20 3, 4 9 5. 84 20 , 9 7 5. 0 4
Cost of Pumps
and Motors 19,215.00
Lake Crest Pump
Statioh
(Estimated
Cost) 65,000-00
Total Funds Required $424,613-10
SAY $425,000-00
*This Project was estimated at
a 10% contingency
- 41 -
(ITEM II-I.4.a) ITEM #13429 ORDINANCES
On motion by Councilman Riggs, seconded by Councilman Ervin, City Council
voted to ADOPT the Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Cypress Avenue.
Voting: 11-0
Council Members Voting Aye:
John A. BaLim, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 4 2-
3282 8 BOOK 1962 PAGE 61 7
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
A PORTION OF THE RIGHT-OF-WAY
OF CYPRESS AVENUE
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,
Robert L. Snyder i s authori zed to erect and ma inta in a temporary
encroachment in the City right-of-way of Cypress Avenue.
That temporary encroachment herein authorized is for
the purpose of erecting and maintaining a bulkhead which is more
particularly described as to size and location as follows:
Begin at a point on the eastern right-of-way
line of Cypress Avenue 220.00 feet southerly
along said right-of-way line from the inter-
section of the easterly right-of-way line of
Cypress Avenue and the southerly right-of-way
line of Goldsboro; thence an easement 8 feet
in width and 20 feet southerly along and
parallel to the easterly right-of-way line of
Cypress Avenue, said easement lying within the
Cypress Avenue right-of-way-
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized will terminate upon notice by the City of Virginia Beach to
Robert L. Snyder, his heirs, assigns or successors in interest, and
that within ten (10) days after such notice is given, said bulkhead shall
be removed from the City right-of-way of Cypress Avenue by Robert L.
Snyder, his heirs, assigns or successors in interest, shall bear all
costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and
agreed that Robert L. Snyder 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 the location
or existence of such bulkhead.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of March, 1979.
4 3 -
rH/s is ro cERrIFY rHAr oN DCc, 9, 1978 WE SURVEYED rHf' PmopEgry sHoWN
om ryts PLAR AND rHAr -,rHr r/rLE LINES AIVO THE WALLS or rHf, SUILDliVS(S)
ARE AS SHOWN ON RHIS PLAR. rHE BUILDING(S) SRAND srRIcrLy WirHIN THE
rlrLE LINES AND RHERE ARE NO ENCROACHMENFS OF orHER BcJILDIvos oN rmE
PROPERry exccpr AS SHOW)V
ENGINEERING SER VICES, INC, -BY
GERARD P BI?UVIC,<, IR, t 5 1258
GOLDSBORO AVENUE (50')
E- 105 00'(PlAr)
D
me-Nr
RI W S RORY
BRICK
Q:
P.AIYSACAL SZIRVEY
OF
VIRGC /-07' / 9 SOURHERLY
jA: In the Clerk" off"I O/ I#e Circ,it C,@rt / Virgi@i. Bea,h
d.,
6 ce,tificate o/ ackno.le .... /. t......... ..... .this instru@ent was receiv@d and up.n th@
dg@e@t thereto aditi,d to r,c,,d. "The la@ i.posed by SS58-54. 1 o/ the Cde,
2 ha, been paid, in the amount
0
TESTE. JOHN V. FENTRESI, Clek B
C.
zi
VIRGIIVIA BEA(,71, VifTLviivt."
FOR
4 RosERrL. SNYDER 8 JOYCE N. SNYDEI?
Lu ZO)YED R - 7 VARE@ 12111178 SCAL.E: 1"-25' 1OWN: ,+C WAP HOOK 7 pa. 4
i c,:)i
Lr)
- 44-
(ITEM II-K.1) ITEM #13430 OLD BUSINESS
Attorney W. Leigh Ansell, representing Ruth L. Whitehurst, appeared
before Council requesting a free-standing mobile home for her sister.
Mr. Ansell indicated this application is a one-time situation, and the
property had a trailer on it some time ago. The Health Department was
satisfied by a temporary easement allowing the drainage field to go on
the land of an adjoining property owner, and that particular easement
will extinguish itself upon the death of Mrs. Whitehurst.
On motion by Councilman Baum, seconded by Councilman Ervin, City
Council voted to APPROVE the request of Mrs. Ruth L. Whitehurst
for a free-standing mobile home on her property.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Clarence A. Holland,
Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell
Council Members Abstaining:
Barbara M. Henley (application involved a relative)
Council Members Absent:
None
- 4 5-
(ITEM II-L.a) ITEM #13431 NEW BUSINESS
Requested by: City Manager
AN ORDINANCE AMENDING AND REORDAINING CHAPTER 2
OF THE CODE OF THE CITY OF VIRGINIA BEACH BY
ADDING A NEW SECTION RELATING TO THE DIRECTOR OF
FINANCE CREDITING CERTAIN FEDERAL FUNDS RECEIVED
UNDER TITLE I (COMMUNITY DEVELOPMENT) OF THE
UNITED STATES HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974, AS AMENDED, IN A SPECIAL FUND WHICH SHALL
BE ESTABLISHED SEPARATE AND APART FROM ANY OTHER FUNDS,
GENERAL OR SPECIAL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Director of Finance shall credit and the City
Treasurer shall deposit any federal funds received by the City of
Virginia Beach, Virginia, for loan and grant purposes under Title I
(Community Development) of the United States Housing and Community
Development Act of 1974, as amended, in a special fund in a deposity
which shall be established separate and apart from any other funds,
general or special.
The Director of Finance and the City Treasurer are
authorized to execute warrants to disburse these funds for necessary
purposes.
These funds are deemed federal funds pursuant to 15.1-29.7,
Code of Virginia (1950) as amended, and shall not be construed as part
of the revenue of the City.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of -March, 1979.
- 4 6 -
On motion by Councilman Payne, seconded by Councilman Ferrell, City
Council voted to APPROVE the above ordinance amending and reordaining
Chapter 2 of the Code of the City of Virginia Beach by adding a new
section relating to the Director of Finance crediting certain Federal
Funds received under Title I (Community Development) of the United
States Housing and Community Development Act of 1974, as ar@iended, in
a special fund which shall be established separate and apart from any
other funds, General or Special.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henrv
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Patrick L.
Standing
Council Members Voting @4ay:
None
Council Members Absent:
None
ITEM #13432
On motion by Councilman Ervin, seconded by Councilm-an Holland, and by
unanimous vote, the meeting adjourned at 4:10 p.m.
Ruth HodgeErSmith, City Clerk mziyc ig
City of Virginia Beach,
Virginia
March 12, 1979
h
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