HomeMy WebLinkAboutMAY 17, 1976 MINUTES
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MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
May 17, 1976
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The regular meeting of the Council of the City of Virginia Beact,
Virginia, was held in the Council Chambers, in the Administration
Building, in the Borough of Princess Anne, on Monday, May 17, 1976,
at 2:00 p.m.
The invocation was given by the Reverend Carlton E. Winton, First
Baptist Church, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Robert H. Callis, Jr., Robert
B. Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J.
Curtis Payne, and Patrick L. Standing
Councilmen absent:
Floyd E. Waterfield, J!.
ITEM #9640
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On motion by Councilman Holland, seconded by Vice Mayor, Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarenèe A. Holland, J. Henry McCoy, Jr., Mayor
- J. Curt~s Payne, Patrick L. Standing.
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Nays:
None
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Absent:
Councilman Floyd E. Waterfield, Jr.
City Council approved the minutes of the regular meeting of
May lO, 1976, and dispensed with the reading of said minutes
inasmuch as each Councilman had a copy of the subject minutes
before him.
ITEM #964l
Mayor Payne presented a proclamation to Captain Walter Stowe,
Commander of the Virginia Beach Chapter of the Military Order
of the World Wars, proclaiming May 29, 1976 as "Freedom Day."
ITEM #9642
On motion by Councilman Cromwell, seconded by Couqcilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, and Patrick L. Standing.
Nays:
None
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Absent:
Councilman Floyd E. Waterfield, Jr.
City Council approved on second reading the following ordinance
to amend and reordain Chapter 36 of the Code of the City of
Virginia Beach, Virginia, pertaining the Virginia Beach Farmer's
Market:
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. REQUESTED BY THE DIRECTOR OF THE DEPARTMENT OF FARM AND HOME DEMONSTRATION.
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 36 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PER-
TAINING TO VIRGINIA BEACH FARMER'S
MARKET.
ORDrNA~ ICE f
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter ~6 of the Code of the City of Virginia Beach, Virginia, be
amended and reordained as follows:
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ARTICLE I. IN GENERAL
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Section 36-1. Definition.
'For the purpose of this chapter, the word "market" shall be taken to mean
"The Virginia Beach Farmer's Market", as established by section 36-2.
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Section 36-2. Establishment; designation; location.
There is hereby established a market, to be known and designated as liThe
Virginia Beach Farmer's Market," to be located on a certain tract of land containing
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eleven acres, more or less, situate at the intersection òf Princess Anne and landstown
Roads.
Section 36-3. Rules and regulations for use of market. .
The Division of Markets is hereby authorized to adopt rules and regulations
governing the use of the market, which rules and regulations shall be subject to the
approval of the city manager.
Section 36-4. Prerequisites to sale, etc., of farm or domestic food products.
No person shall sell or offer farm or domestic food products for sale in
the market until he has paid the required rental fee and signed an agreement to the
market rules and regulations.
Section 36-5. Rental charges for stalls, etc.; rental periods.
Rental charges for stalls, spaces, or places in the market shall be as follows:
(a) Enclosed retail (20' x 24') - $30.00 per week or $5.00 per day
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(b) Covered retail (101 x 24')~$10.00per week, or $2:00 per day,
(c) Enclosed who1esa1~(201 X 241) ~ $30 per week,
(d) Covered wholesale (101 x24')~lQOO per week, or $2.00 per day,
(e) Uncovered (Open Air) (10'x30')~$5.DO per week or $1.00 per day,
(f) No charges will ble made to individuals invited bymarket staff to
participate in promotional events, .
(g) Special signs will be provided at cost of $10.00 per board not
exceeding 15 letters. .
Rental fees shall be paid no later than the end of the rental period. Rental periods
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shall start at 4:00 P.M. and terminate at 4:00 P.M. of the following day. Weekly
,rentals shall start at 4:00 P.M. and terminate seven days later at, 4:00 P.M.
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Section 36-6. Duty of sellers as to condition of spaces, etc., and disposition of
refuse.
Every farmer or seller of domestic food products selling or offering farm
or domestic food products for sale in the market shall keep the space, place or stall
assigned to him in a clean and sanitary condition at all times and shall dispose of
his refuse in a manney' and at a place designated by the superintendent- of the market.
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Section 36-7. Order for removal of farm or domestic food products, etc., upon
violation of chapter, etc.
The superintendent of the market or any police officer may order any
person to remov~ the farm or domestic. food products offered or displayed for sale
or intended to be offered or displayed for sale by such person and any vehicle used
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in connection therewith from the market or the vicinity of the market, when such
person is found violating the provisions of this chapter or 'any rule or regulation
adopted pursuant to section 36-3.
It shall be unlawful for any person to fail,
'neglect or refuse to obey such order.
Section 36-8. Compliance with chapter, etc.
Every farmer or seller of domestic food products selling or offering farm
or domestic food products for sale in the market shall observe, comply with and be
bound by this chapter and all other provisions of this Code and all other laws,
ordinances and resolutions relating to the sale or offering for sale of farm and
domestic food products, as well as the rules and regulations provided in section 36-3.
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ARTICLE II. SUPERINTENDENT OF THE MARKET
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Section 36-9. Appointment; assistants.
The director of the Department of Farm and Home Demonstration shall
appoint a superintendent of the market and such assistants as he may deem necessary.
The superintendent shall be immediately responsible to the director of the Department
of Farm and Home Demonstration.
Section 36-10.
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Preser~tion of peace and order; maintenance of sanitary condition.
The superintendent of the market shall preserve peace and order in th~.
market and shall be charged with the supervision of ~aintaining the market in a..,
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sanitary condition at all times.
Section 36-11. Record and disposition of rents and income; accounting for receipts
and expenses.
The superintendent of the market shall keep a correct record of all rents
and income received by him for stalls, spaces or places and shall pay over the same
daily to the city treasurer.
He shall give an accounting of all receipts and ex-
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penses to the director of finance bimonthly or as the director of finance may deem
necessary.
First Reading:
May la, 1976
Second Reading: May 17, 1976
Adopted by the Council of the City of Virginia Beach, Virginia, on the
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May
day of
, 1976.
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ITEM #9643
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On motion by Vice Mayor Ferrell, seconded by Councilman Holland
an~ by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, and Patrick L. Standing
Nays:
None
I Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved on second readi~g the f?ll?w~ng ordinan~e ~o.
amend Chapter 29 of the Code of theClty of Vlrgln~a Beach! Vlrglnla,
by adding thereto sections 29-3.1 an~ 29-~.2 rel~tlng to llne fee.
exemptions for certain elderly and flnanclally dlsadvantaged persons.
ORDINANCE' 10(0
AN ORDINANCE TO AMEND CHAPTER 29
OF THE CODE OF THE CITY OF VIRGINIA
BEACH BY ADDING THERETO SECTIONS
29-3.1 AND 29-3.2 RELATING TO LINE
. FEE EXEMPTIONS FOR CERTAIN ELDERLY
AND FINANCIALLY DISADVANTAGED
PERSONS
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
. That Chapter 29 is hereby amended by ordaining the following additional
sections:
I Section 29-3.1.
Line fee exemptions for certain elderly persons.
(a) .. Line fee exemption is provided for certain property owners who
qualify under subsection (b) of this ordinance. The exemption is to be admin-
istered by the city manager or his authorized delegate, herein referred to as
the administrator.
The administrator..is hereby authorized and empowered to
prescribe, adop¡: and enforce rules and regulations, including the requirement
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of answers under oath, as may be reasonably necessary to determine qualifications
for exemption. The administrator may require the production' of certified tax
returns and appraisal reports to establish income and financial worth.
(b)
Exemptions shall be granted subject to the following provisions:
(1) Title to the property for which the line fee exemption
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is sought must be held, or partially held, by the applicant at
least 120 days prior to the installation or scheduled date of
installation, whichever comes first, of the sewer line.
(2) The owner of the title or partial title is 65 years of
age or older at least 120 days prior to the installation or
scheduled date of installation, whichever comes first, of the
sewer line.
(3) The dwelling to be connected to the sewer line is the
sole dwelling of the applicant claiming the exemption.
(4) The total combined income of the owner and the owner's
relatives living in the household during the year immediately
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preceding the installation shall be determined by the
administrator not to exceed six thousand dollars ($6,000.00).
(5) The net combined financial worth of the owner or
owners shall not exceed $20,000.00, excluding the fair market
value of the house to be connected to the sewer line. Net
combined financial worth shall include the value of all assets,
including equitable interests, of the owner or owners and of
the spouse of the owner or owners.
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(c) The per!ons applying for line fee exemption must file with the,
,administrator a line fee exemption affidavit, setting forth in a manner prescriþ~d
, by the admi ni strator; the 1 ocati on and va 1 ue of the property to be connected to t,he
line; the names of the persons related to the owner and occupying the dwelling;
their gross combined income and their net combined financial worth.
(d) Where the person claiming exemption conforms to the standards and
does not exceed the limitations contained in this ordinance, the line fee exemp-
tion shall be as shown on the following schedule:
TOTAL INCOME-ALL SOURCES
EXEMPTION
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! 100%
80%
60%
40%
20%
$ 00.00 - $2,000.00
$2,001.00 - $3,000.00
. $3,001.00 - $4,000.00
$4,001.00 - $5,000.00
$5,001.00 - $6,000.00
(e)
If, within twelve (12) months after the sewer line exemption is
obtained, the applicant's financial position should change so that its effect
would be to remove the person holding the exemption from within the limits and
standards of this ordinance, then the person holding the exemption shall refund
, the amount of the exemption to the City of Virginia Beach.
(f) Any person or persons falsely claiming an exemption or violating
any provision of this ordinance shall be guilty of a misdemeanor and upon con-
viction thereof shall be punished by a fine not exceeding one thousand dollars
($1,000.00), or confinement in jail not exceeding twelve (12) months, or both.
Section 29-3.2. Line fee exemptions for certain financially disadvantaged persons.
(a) Line fee exemption is provided for certain financially disadvantaged
property owners who qualify under subsection (b) of this ordinance. The exemption
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is to be administered by the city manager or his authorized delegate, herein
referred to as the administrator. The administrator is hereby authorized and
empowered to prescribe, adopt and enforce rules and regulations, including the
requirement of answers under oath, as may be reasonably necessary to determine
qualifications for exemption. The administrator may require the production of
certified tax returns and appraisal reports to establish income and financial
worth.
(b) Exemptions shall be granted subject to the following provisions:
(1) Title to the property for which the line fee exemption
is sought must be held, or partially held, by the applic;ant at least .'
120 days prior to the installation or scheduled date of installation,
whichever comes first, of the sewer line.
(2) The dwelling to be connected to the sewer line is the sole
dwelling of the applicant claiming the exemption.
(3) The total combined income of the owner and the owner's
relatives living in the household during the year immediately
pre~eeding the installation shall be determined by the administrator
not to exceed four thousand dollars ($4,000.00).
(4) The net combined financial worth of the owner or owners
shall not exceed $20,000.00, excluding the fair market value of the
house to be connected to the sewer line. Net combined financial
worth shall include the value of all assets, fncluding equitable
interests, of the owner or owners and of the spou~e of the owner
or owners.
(c) The persons applying for line fee exemption must file with the
administrator a line fee exemption affidavit, setting forth, in a manner prescribed
by the administrator; the location and value of the property to be connected to the
line; the names of the persons related to the owner and occupying the dwelling;
their gross combined income and their net combined financial worth.
Cd) Where the person claiming exemption conforms to the standards and
does not exceed the limitations contained in this ordinance, the line fee exemption
shall be as shown on th~ following schedule:
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TOTAL INCOME-ALL SOURCES
$ 00.00 - $2,000.00
$2,001.00 - $3,000.00
$3,001.00 - $4,000.00
EXEMPTION
100%
80%
60%
(e)
If, within twelve months after the sewer line exemption is obtained,
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the applicant's financial position should change so that its effect would be to
remove the person holding the exemption from within the limits and standards of
this ordinance, then the person holding the exemption shall refund the amount of
the exemption to the City of Virginia Beach.
(f) Any person or persons falsely claiming an exemption or violating
any provision of this ordinance shall be guilty of'a misdemeanor and upon conviction
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thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00),
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'or confinement in jail not exceeding twelve (12) months, or both.
First Reading: May 10, 1976 \
Second Reading:
May 17, 1976
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Adopted by the Council of the City of Virginia Beach, Virginia, on the
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May
, 1976.
ITEM #9644
On motion by Councilman Callis, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor Georg~ R. Ferrell, Charles W. Gardner,
John R. Griff~n, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, and Patrick L. Standing
Nays:
None
Absent:
Councilman Floyd E. Waterfield, Jr.
City Council deferred indefinitely approving on second reading an
appropriation of $50,000 to the Columbia Broadcasting Systems'
uGrand Slam Tennis Tournament" for the purpose of promoting ad-
vertising and giving publicity to the resources and advantages
of the City of Virginia Beach through the CBS "Grand Slam Tennis
Tournament", a proposed International Tennis Tournament to be held
in the City of Virginia Beach.
I In addition to the extension of $50,000,for a letter of credit, the
City will be required to supply bleachers and obtain consent from the
School Board for the use of various parking areas under the control
of the school system for the term of the tennis tournament.
The appropriation is subject to negotiations between the City Manager
and the CBS Grand Slam Tournament Organization regarding financial
details for the repayment of the $50,000 extension by the City as a
guarantee to the participants of the City's interest in hosting the
tournament.
The appropriation will not be legal until the matters, indicated in
this motion, have been clearly delineated between the City Manager
and the concerned parties prior to the approval on second reading.
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f\l'l'lica Lion of D:1Víù 1.. Sparks i1nJ Ora \,J¿;Yil(; .lecsup for a ~':)I)_d:i L¡"-_:EI_~ -~J_~~- T5_:~-2!ì,,-U~
fo'r '<I bulk [;tOl":J.gc and bu:íldin[; cnntCJctC11'E;' yal'd and a con:;truct:ion E;]¡°p ('n C(;1"-
L:dn propC'rty located on thc ~';orth ~-;jde of ~;:JULh Lyrmlwvell Road, beginninf, ..t a
" point 560 feet more or lese.; East 'of Pri.tclr:>t"d I\o;:¡r!, running a di5lMlce of 144 fCél
IHorc or leDs along the North side of South Lynnklvell Itoad, running n djstance of
693 feet more or less along the Western property line, running a distance of l~O
feet more or less along the Northern property line and runninL a distance of G51
feet morc or less along the Eastern property Line. S.:lid parcel contains 2.5 acres
more or less. (George Hashington Park Area). LYNNHAVEN BOROUGH.
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Plann:i.n8 Commission Recommendation:
I A motion Has passed unanimously by the Planning Commission by .a
9 to approve this request.
recorded vote of
For the information of the applicant, prior t.) the issuance of a building permit,
the following will be required by the'admiriistrative staff:
1.
2.
3.
Standard site improvements as required by the Site Plan Ordinance.
Provision of an adequate drainage outfall.
The storage yard shall be completely enclosed eicept for necessary openings
for ingress and egress by a fence or waJ.l not less than 6 feet in height.
Any section of fence along South Lynnhaven Road shall be solid in nature to
screen equipment fro~ the road.
Mr. Robert Carter represented the applicants.
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On motion by Councilman Callis, seconded by Councilman McCoy, and .,
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
. John R. ,Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing.
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Nays:
None
Absent:
Councilman Floyd E. Waterfield, Jr.
City Council adopted the following Resolution upon application
of David L. Sparks and Ora Wayne Jessup for a Conditional Use
Permit for a bulk storage and building contractors' yard and a
construction shop:
RESOLUTION UPON APPLICATION OF DAVID L.
SPARKS AND ORA WAYNE JESSUP FOR A CON-
DITIONAL USE PERMIT FOR A BULK STORAGE
AND BUILDING CONTRACTORS' YARD AND A
CONSTRUCTION SHOP
R0576061
Be it ordained by the Council of the City of Virginia Beach,
Virginia, that:
Application of David L. Sparks and Ora Wayne Jessup for a Conditional
Use Permit for a bulk storage and building contractors' yard and a
construction shop on certain property located on the North side of
South Lynnhaven Road, beginning at a point 560 feet more or less East
of Pritchard Road, running a distance of 144 feet more or less along
the North side of South Lynnhaven Road, running a distance of 693 feet
more or less along the Western property line, running a distance of
1140 feet more or less along the Northern property line and running a
distance of 65l feet more or less along the Eastern property line.
Said parcel contains 2.5 acres more or less. (George Washington Park
Area). Lynnhaven Borough.
For the information of the applicant, prior to the issuance of a
building permit the following will be required by the administrative
staff:
1.
Standard site improvements as required by the Site
Plan Ordinance.
2.
Provision of an adequate drainage outfall.
3.
The storage yard shall be completely enclosed except for
necessary openings for ingress and egress by a fence or
wall not less than 6 feet in height. Any section of fence
along South Lynnhaven Road shall be solid in nature to
screen equipment from the road.
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ITEM #9646
Petition of Sandler Foods for a Cl~ar~g'? of Zoning District ClasBification from
I B-2 Community-Business Dl'st.rict to 1-1 Light Indllstri~l l~is.trict on .ce.1'tain
property located on the East sIde of Hodgman Road begInnIng at a pOInt 450
feet South of Diamond Springs Road running a distance of 481. 95 feet along
the Northe 1'n property line, running a distance of 449.82 feet along the Eastern
property line, running a distance of 623.33 feet along the Southern property
line and running a distance of 299.80 feet along the East side of Hodgman
. Road. Said parcel contains 4. 7 a.c~es more or less. BA YSIDE BOROUGH.
Planning Commission Recolnmendation:
A motion was passed unanimously by the Planning Conìnìission by a recorded
vote of 11 to approve thiS" reque s t. ~
For the information of the applicant, prior to the issuance of a building permit'
the following will be required by the administrative staff: ",
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1. ' Standard site improvements as required by the Site Plan Ordinance.
2. City wate l' and sewe r.
On motion by Councilman Holland, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, and Patrick L. Standing.
Nays: None. j
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following Ordinance upon petition of
Sandler Foods for a Change of Zoning District Classification
from B-2 Community-Business District to I-I Light Industrial
District: .
ORDINANCE UPON PETITION OF SANDLER FOODS Z0576168
FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM B-2 Community-Business District
TO I-I Light Industrial District
Be it ordained by the Council of the City of Virginia Beach,
Virginia, that:
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'Petition of Sandler Foods for a Change of Zoning District Classifi-
cation from B-2 Community-Business District to I-l Light Industrial
District on certain property located on the East side of Hodgman
Road beginning at a point 450 feet South of Diamond Springs Road
running a distance of 481.95 feet along the Northern property line,
running a distance of 449.82 feet along the Eastern property line,
running a distance of 623.33 feet along the Southern property line
and running a distance of 299.80 feet along the East side of Hodgman
Road. Said parcel contains 4.7 acres more or less. Bayside Borough.
For the information of the applicant, prior to the issuance of
a building permit, the following will be required by the administrative
staff:
1.
Standard site improvements as required by the Site Plan
Ordinance
2.
City water and sewer.
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ITEM #9647
Petition of Vanguard, Inc., for a Chans.£. of Zonin~- District Clc~ssification
I from R-5 Residential District to 0-1 Office District on certain property
- located at the NorthHest intersection of Las~in Roa~ and Cardir:al Road,
running a distance of 652.41 feet along the North sldc of Laskln Road,
running a distance of 263.91 feet along the Western property line, running
a dista~ce of 664.24 feet alon3 the Northern property line and running a
distance of 152.28 feet a]ong the West side of Cardinal Road. Said parcel
contains 2.8 acres. (Birdneck Area). LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 10 for the
motion ånd 1 abstention to approve this request.
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For the information of the applicant, prior to the issuance of a building permit;
the following will be required by the administrative staff: ;,
l.
2.
3.
4.
Standard site improvements as required by the Site Plan Ordinance.
City water and sewer.
No future Dledian crossovers will be permitted along 'Laskin Road.
A 15 £oot wide buffer will be required along the rear property line to
provide fa:: the privacy of future homeO\vners to the north.
All lighting is to be directed away from the adjacent residential district.
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. Further. this Ordinance shall be effective upon satisfactory compliance to the
I conditions imposed in this motion, and it is understood and agreed to by the ap-
plicant that the official change on the zoning maps \-,Till not be made until the
following conditions are satisfied:
A dedication of right-of-way 70 feet from the centerline of the
existing 120 foot right-of-way along the 652.41 foot frontage on
Laskin Road (a 10 foot dedication).
Mr. Richard Browner, Land Planner, appeared on this petition and
requested a one week deferral.
On motion by Vice Mayor Ferrell, secorded by Councilman Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callîs, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner
John R. .Griffin, Clar~nce A. Holland, J. Henry McCoy, Jr., Mayo;
J. Curtls Payne, Patrlck L. Standing.
Nays:
Absent:
None
Councilman Floyd E. Waterfield, Jr.
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City Council voted to defer one week the above petition of Vanguard,
Incorporated, for a Change of Zoning District Classification from
R-5 Residential District to O-l Office District on certain property
located at the Northwest intersection of Laskin Road and Cardinal
Road, running a distance of 652.41 feet along the North side of Laskin
Road? runni~g a distance of 263.91 feet along the Western property line,
runn:ng a d:stance of 664.24 feet along the Northern property line and
runnlng a dlstance of 152.28 feet along the West side of Cardinal Road.
Said parcel contains 2.8 acres. (Birdneck Area). Lynnhaven Borough.
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ITEM #9648
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Petition of Stanley S. Howard for a Cha_I~~ .C?i- Z2_~tj...!~h lListIl.£t;. .c_L¡]~.sifj--.s:_att.o_1l
from A-4 Apartment District to B-4 Resort Con~ercjal District on certain prop-
erty beginning at a point 255 feet West of Mediterranean Avenue, running a
distance of 157 feet along the South side of Terrace Avenue, running a distance
of 200 feet along the Eastern property Ijne and running a distance of 250 feet
along the '.Jestern property line. Said parcel is triangular in shape and is
known as Lots 12, 13, l!~ and 15, I.lock 31, Plat of ShadO\vlawn Heights. (Shadow-
1 lawn Heights Area). VIRGINIA BEACH BOROUGH.. '-
, Planning Commiss ion Recommenda tion:, . -.
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A motion was passed by the Planning Commission by a recorded vote of 9 for the
motion and 1 against to deny this request as the only access to this site is
Terrace Avenue ~lich is not acc~ptable for ma~ina traffic.
Mr. Stanley S. Howard, applicant, appeared requesting withdrawal
of his application.
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The following appeared in opposition to this application:
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Mr. Alton E. Butts
COUNCILMAN WATERFIELD ENTERED CHAMBERS AT 2:30 P.M.
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On motion by Councilman Callis, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwel~, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, and Patrick L. Standing.
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Nays:
None
Abstain:
Councilman Floyd E. Waterfield, Jr.
Absent:
Non-e
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City Council voted to deny the above petition of Stanley S. Howard
for a Change of Zoning District Classification from A-4 Apartment
District to B-4 Resort Commercial District on certain property
beginning at a point 2SS feet West of Mediterranean Avenue, running
a distance of lS7 feet along the South side of Terrace Avenue,
running a distance of 200 feet along the Eastern property line and
running a distance of 250 feet along the Western property line.
Said parcel js triangular in shape and is known as Lots l2, l3, l4
and IS, Block 3l, Plat of Shadowlawn Heights. (Shadowlawn Heights
Area). Virginia Beach Borough. The request was denied as the only
access to this site is Terrace Avenue which is not acceptable for
marina traffic, and also due to the opposition to the residents.
ITEM #9649
Petition of F. Patrick Kavanaugh for a .c:ha~:l;!:- 91- ~EE..i..nJ~- l~.:.f';_~-ric:.1::... -C¿~.:E_~_~:Uic~tj9.E..
fcom R-l Residential Di~triet to R-4 Residential District on-certajn property
IDca ted o~1. the Eas t side of Grea t Ncock Road beginning at n point 830 fee t n¡ore
I or. J ('.[;;5 North of River i.toad ru.nning a dis.tance of.' 92..,,1 feet mo.re or less along
the E<.lst Bide of Gr.cat Neck Ri.ìad, running él (listance of 1015 feet morc or less
along the Northern property line, running a distance of 157 feet more or Jess
in a Southcr.ly carce tioIJ, running a distilnee of 600 feeL more or l(~ss in a
Southeasterly direction, runnin¿: a distance of 350 feet more or less in a Sollth-
-.., westerly direction, running a distance of 200 feet Dore or less in a Westerly
direction~ running ~ disumcc of !!~!O fee!:: "'OYC or lcr;3 in u SouLlnv-,:3tcrly dil.-...,l..-
tion, and ru11ning a distance of 898 feet morc or less along the Southern prop-
erty line. Said parcel contains 27.8 acres more or less. (Clic~lse¿)-Grcen Hill
Farm Areas). LYNNllAVEN BOROUGH.
Planning Cornnission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded vote
of 10 to deny this rcqt!es l: due to the opposi .;iO11 of the rcsidcnU; in the a':ca.
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Mr. Thomas C. Broyles, Attorney, and Mr. Tim Barrow, Barrow, Stell
and Gomez, represented the applicant.
The following appeared in opposition:
Mr. Lee LeCompt
Mr. C. G. Harris
Mr. Grover C. Wright, Jr., Attorney, representing opposition
On motion by Councilman Griffin, seconded by Councilman Standing,
and by recorded vote as follows:
Ayes: Councilma~ John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, ~r. ~ Vlce Mayor George R. Ferrell, Charles W. Gardner,
John R..Grlffln, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J.. Curtls Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
.
Nays:
None
Absent:
.; ...
None
City Council voted to defer one week the above petition of F.
Patrick Kavanaugh for a Change of Zoning District Classification
from R-l Residential District to R-4 Residential District on
certain property located on the East side of Great Neck Road
beginning at a point 830 feet more or less North of River Road
running a distance of 92l feet more or less along the East side of
Great Neck Road, running a distance of 1015 feet more or less along
the Northern property line, running a distance of IS7 feet more or
less in a Southerly direction, running a distance of 600 feet more
or less in a Southeasterly direction, running a distance of 350 feet
more or less in a Southwesterly direction, running a distance of 200
feet more or less in a Westerly direction, running a distance of 490
feet more or less in a Southwesterly direction, running a distance of
898 feet more or less along the Southern property line. Said parcel
contains 27.8 acres more or less. (Chelsea-Green Hill Farm Areas).
Lynnhaven Borough.
ITEM #9650
",,"
Application of John B. LeU, Jr., and Opal H. Leif for a Condit_~.E_~ .!!~- PE!~!21JJ:.
for a residential kennel on certain properly located en the West side of Meade
l,ane bE'ginnil1g at a point 460 feet t,orth of Sne2d Lane, running a dj~;tance of
- 100 feet álong the Southern pl'op~rty line, running a distance of 75 feet öJong
the Hestcrn property line, running a distance of 100 feet along the Northern
property line and running a distance of 75 feet along the West side of Mcade
Lanc. Said parcel contains 7500 square feet. (l.regona Village Area). BAYSIDE
BOROUGH.
Plan~1i:1g Co:::;¡;Ü;si"n RC,;::oilliûendation:
I A 1'1ot ion ¡'laS passed by the Plannin¡; COFJ1ÜSsion by a recorded vote of 9 for the
n¡otion and 1 abstention to approve this reCJuet~t subject to the follo\ling eon--
dition:
,.--- ---....u"....
'l11C ffi¿1Y.'i.murn nu:nber and breed of dogs to be kept at this site
shall b ~ six (6) chihuahuas dnd one (1) fox terrier.
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Mr. John B. Leif, Jr., appeared regarding his application.
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On motion by Councilman Holland, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R., Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
None
.
City Council adopted the following Resolution upon application
of John B. Leif, Jr., and Opal M. Lief for a Conditional Use
Permit for a residential kennel; with the stipulation that
the permit be for one (I) year only:
. ~
"',
RESOLUTION UPON APPLICATION OF JOHN B.
LEIF, JR., AND OPAL M. LEIF FOR A CON-
DITIONAL USE PERMIT FOR A RESIDENTIAL
KENNEL
RO576062
Be it ordained by the Council of the City of Virginia Beach,
I Virginia, that:
Application of John B. Leif, Jr., and Opal M. Leif for a Conditional
Use Permit for a residential kennel on certain property located on
the West side of Meade Lane beginning at a point 460 feet North of
Snead Lane, running a distance of lOO feet along the Southern pro-
perty line, running a distance of 75 feet along the Western property
line, running a distance of lOO feet along the Northern property line
and running a distance of 75 feet along the West side of Meade Lane.
Said parcel contains 7500 square feet. (Aragona Village Area). Bayside
Borough.
Approval subject to the following stipulations:
1.
2.
Permit be for one (I) year only.
The maximum number and breed of dogs to be
kept at this site shall be six (6) chihauhuas
and one (l) fox terrier.
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ITEM H96S1
Application of James Proferes for' a ~ol~.~Hi.?~~i.~].- U~;e~ PermjJ:- to operate a parking
. lot on certain property locé1ted on t:he East side: of Atlalltic -Avenue bcr;jnninz, at
a point 70 feet North of 11 th Strcc>t, running a distance of 130 feet along the
East side of AtL~¡'.tic Av(~nu(', runn jllg a clistan;:::~ of 150 feet along the Northern
property line, running a distance of 130 feet along the East.crn property lLlC and
running a distance of 150 feet along the Southern property line. Said parcel con-
tains 19,500 square feet. VIRGINIA BEACH ,BOROUGH.
Planning Commission Recomrnendation:
A motion was passed unaninously by the Planning Corl:raissi.on by a recorded vote
of.9 to approve this request subject to the follo~ving conditions:
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1.: Expiration of the use 'permit one year fro:l1 the date of approval.
2. Due to the temporary nDture of this use p..=rmit, standard site improve-
ments will be waiveti, ho,..¡ever, the applicant must provide a gravel park-
ing surface with a perimeter barrier to contain vehicles.
COUNCILMAN CROMWELL LEFT COUNCIL CHAMBERS
; þ
Mr. Thomas C. Broyles, Attorney, represented the applicant
On motion by Vice Mayor Ferrell, seconded by Councilman Callis,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence
A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert B. Cromwell, Jr.
City Council adopted the following Resolution upon application of
James Proferes for a Conditional Use Permit to operate a parking
lot:
RESOLUTION UPON APPLICATION OF JAMES
PROFERES FOR A CONDITIONAL USE PERMIT
TO OPERATE A PARKING LOT
ROS76063
Be it ordained by the Council of the City'of Virginia Beach,
Virginia, that:
Application of James Proferes for a Conditional Use Permit to operate
a parking lot on certain property located on the East side of Atlantic
Avenue beginning at a point 70 feet North of lIth Street, running a
"distance of 130 feet along the East side of Atlantic Avenue, running
a distance of 150 feet along the Northern property line, running a
distance of 130 feet along the Eastern property line, and running a
distance of l50 feet along the Southern property line. Said parcel
contains 19,5OO square feet. Virginia Beach Borough.
Approval subject to the following conditions:
1.
Expiration of the use permit one year from date of
approval.
2.
Due to the temporary nature of this use permit, standard
site improvements will be waived, however, the applicant
must provide a gravel parking surface with a perimeter
barrier to ~ontain vehicles.
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ITEM #9652
Motion of the Planning Commission of the City of VirgJ.nia Beach to amend and
. reordain Article 1, Section III of the CoT:1prchensive Zoning Ordindnce pertain-
ing to definition of Dttac])cd d~,'ellin8' Hore detailed infonnaUon is av<:1HabIe
I in the Department of Planning.
Planning Corr.mis~: ion ReCOlm~lenda tion:
A motion was passed unanimously by the Planning Co~aission by n recorded vote
of 10 to approve this request.
COUNCILMAN CROMWELL RETURNED TO CHAMBERS
On motion by Councilman Griffin, seconded by Councilman Standing,
and by recorded vote as follows:
Ayes: . Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and FloydE. Waterfield, Jr. :'
Nays:
None
Absent:
None
City Council approved the following ordinance to amend and reordain
-Article 1, Section Ill, of the Comprehensive Zoning Ordinance pertaining
to Attached Dwellings:
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ORDINANCE =I/:
7/1
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AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 111, OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO ATTACHED DWELLINGS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article I, General Provisions, Section Ill, Definitions, of the C.Z.O.
is amended and reordained as follows:
Dwelling, Attached. A building attached at the side or sides
in,a ~eries of two ~~~~e or more dwelling units p~iReipat
B~u:làiRgs eaeh eeR~aiRiRg Re~ me3'e toRaH eRe àweBiRg HRÜ-;o
StieR BHilàiRgs shall eaeh have a sepa~ate let with àimeR-
sieRs meetiRg geRerat regHlatieRS fer the àistriet-;o 1he
term Uattaeheà àwelliRgu is iRteRàeà te apply te raw ReHses
aRà,tewRReHses-;o
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Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seven teen th day of
May
, 1976.
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ITEM #9653
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Hotian of the r13nnin~ Coll1mi~sion of the City of ViY[;inia Bench to ¡¡mend Gnd
reordain Article 1, Section ]11 of the'Cornprcl1cnsive Zoning 9rdinance pertain-
ing to sale and servicing of non~motorizccl bicycles in connection witll auto-
mobile service stations. l!ore detailed information is availaLlc in the Depa~t-
ment of Planning.
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Planning Commission Recommendation:
A motion WéìS passed ürldnLmollsly by the Planning Corru¡Üssion by a recorded vote
of 10 to approve this request.
On motion by Councilman Standing, seconded by Councilman Baum,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum,. Robert B. Cromwell, Jr., Vice
Mayor George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
J. Henry McCoy, Jr., Mayor J. Curtis Payne', Patrick L. Standing,
and Floyd E. Waterfield, Jr.
Nays:
.
None
Abstain:
Councilmen Robert H. Callis, Jr., and John R.' Griffin
; ..
Absent:
None
"..
City Council approved the following ordinance to amend and reordain
Article 1, Section Ill, of the Comprehensive Zoning Ordinance of the
. City of Virginia Beach, Virginia, pertaining to automobile service
stations: ORDINANCE -# 7/ V
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AN ORDINANCE TO AMEND AND REORDAIN
AR TICLE 1, SECTION III OF THE COMPRE-
BENSIVE ZONING ORDINANCE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PER TAIN-
ING TO AUTOMOBILE SERVICE STATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRG'INIA BEACH,
VIRGINIA:
That Section 111 of the C. Z. O. is amended and reordained as follows:
.
Automobile Service Station. Buildings and premises where gasoline,
oil, grease, batteries, tires and automobile accessories may
be supplied and dispensed at retail, and where in addition the
following and similar services may be rendered and sales made:
(1)
Sale and servicing of non-motorized bicycles;
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(m)
Sale and servicing of spark plugs, batteries, and
distributors and distributor parts;
~m-} - (n)
~n-)- (0)
(-0-)- (p)
Se rvic~ng and repair of carbure tors;
Tire se rvicing and repair, but not recapping or re-
grooving;
Washing and polishing, and sale of automotive washing
and polishing materials.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
17
day of
May
, 1976.
ITEM #9654
On motion by Councilman Gardner, seconded by Councilman McCoy,
~nd by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
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Nays:
Absent:
None
None
City Council approved the following ordinance to authorize the
City Attorney to settle and adjust any claims the City may have
from time to time for property damage or loss covered by fire or
casualty insurance:
ORDINA!\CE #
AN ORDINANCE TO AUTHORIZE TIlE CITY ATTORNEY
TO SETTLE AND ADJUST ANY CLAIMS THE CITY ~~Y
. HAVE FROM TIME TO TIME FOR PROPERTY DM~GE
OR LOSS COVERED BY FIRE OR CASUALTY INSURANCE
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7/{)
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WHEREAS, it is necessary for the daily operation of the various
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departments of the City of Virginia Beach that authority be given to adjust
claims.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
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The City Attorney is hereby authorized to settle and adjust,
in such manner as hE! may deem proper, any claims the city may have from
time to time for property damage or loss covered by: fire or casualty
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insurance, in any case where such damage or loss does not exceed Five
Thousand Dollars ($5,000.00), and to direct the Director of Finance to
credit any sums so received by the city to such accounts as he deems may
be proper.
The City Attorney shall transmit to the City Manager and the
Council biannually a statement showing the claims he has so adjusted and
settled.
Adopted by the Council of the City of Virginia Beach on the
17 day of
May
, 1976. .
ITEM #9655 -Y-"Y//
I On motion by Councilman Waterfield, seconded by Councilman
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
McCoy,
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Nays:
Absent:
None
None
City Council approved the following ordinance appointing viewers
relative to the closure of a portion of South Lynnhaven Road for
Princess Anne Properties, in the Princess Anne Borough:
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KETT, SPAIN AND LYLE
ATTORNEYS. AT LAW
INIA BEACH, VA. Z34SZ
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ORDINANCE APPOINTING VIEWERS
WHEREAS, John X. Aragona and Harguerite O. Aragona
have given due and proper notice, in accordance with the
statutes for such cases made and provided, that they will
on the 17th day of May, 1976, apply to the City Council of the
City of Virginia Beach, Virginia, for the appointment of
Viewers to view the below-described property and report in
writing to the Council whether, in the opinion of said Viewers,
any, and if ~ny, what inconvenience would result from the
discontinuance of the hereinafter described portion.of that;~
certain street of variable width, and has filed such applica-
tion with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT
Mr. George E. Tinnes
Mr. Reeves
E. Johnson
and
Mr. Robert J. Scott
are
hereby appointed to view the below described property and
report in writing to the Council on or before May 17, 1976,
whether in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of a portion
of that certain street of variajle width located in the City
.
of Virginia Beach, Virginia, anà more particularly described
as follows:
South Lynnhaven Road beginning at a point on
the eastern right of way of said street, which
point is located at the southeast intersection
of South Lynnhaven Road and Old Towne Lane,
and from said point of beginning, running south
11° 37' 46" east a distance of 9.23', more or
less, to a point and thence running along the
same course a distance of 329.55' to a point
and then turning and running along an arc to
the right a distance of 132.55', having a radius
of 375.00' to a point in the northwestern right
of way of Lynnhaven Parkway, and thence turning
and running along the northwestern right of way
of Lynnhaven Parkway 48° 50' 06" west, a dis-
tance of 71.95' to a point, thence turning and
running along an arc to the right a distance
of 51.96', having a radius of 20.00' to a point
in the eastern right of way of South Lynnhaven
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CKETT, SPAIN AND LYLE
ATTORNEYS AT LAW
GINIA BEACH, VA, 23452
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Road and then turning and running along
an arc to the left a distance of 337.8ß',
having a radius of 660.00' to a point, thence
continuing along the eastern right of way
of South Lynnhaven Road llo 37' 46" west a
distance of 134.30' to a point, thence turn-
ing and running along an arc to the right a
distance of 31.42', having a radius of 20.00'
to a point, thence running north 78° 22' 14"
east a distance of 9.23', more or less, to
the point of beginning (Portion to be vacated
is designated as 0.519 acre, area to be vacated
on the below-described plat).
All the above as shown upon that certain plat of
Property to be vacated along existing South Lynnhaven Road for
.
Princess Anne Properties, Inc, which plat is attached heret~
and made a part hereof and intended to be recorded with the'~
Ordinance closing the aforedescribed street.
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ICKETT. SPAIN AND LYLE
ATTORNEYS AT LAW
IRGINIA BEACH. VA, 23452
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IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT
CERTAn~ STREET OF VARIABLE WIDTH,
KNOWa AS SOUTH LYNNHAVEN ROAD, AS SHOWN
UPON THE PLAT OF PROPERTY TO BE VACATED
ALONG EXISTING SOUTH LYNNHAVEN ROAD FOR
PRINCESS ANNE PROPERTIES, INC., WHICH
PLAT IS ATTACHED HERETO.
PET I T ION
TO:
THE HAYOR AND THE MEHBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioners, John X. Aragona and Marguerite O.
.
Aragona, respectfully represent as follows:
: ,,'
1.
That pursuant to the provisions of section 15.'1-
364 of the 1950 Code of Virginia, as amended, the petitioners
apply for the vacating, closing and discontinuance of a portion
òf that çertain street, which is more specifically described
as follows:
South Lynnhaven Road beginning at a point on
the eastern right of way of said street, ,
which point is located at the southeast inter-.
section of South Lynnhaven Road and Old Towne
Lane, and from said point of beginning, run-
ning south 11° 37' 46" east a distance of 9.23',
more or less, to a point and thence running
along the same course a distance of 329.55'
to a point and then turning and running along
an arc to the right a distance of 132.55',
having a radius of 375.00' to a point in the
northwestern right of way of Lynnhaven Park-
way and thence turning and run~ing along the
northwestern right of way of Lynnhaven Parkway
48° 50' 06" west a distance of 71.95' to a
point, thence turning and running along an arc
to the right a distance of 5l.96', having a
radius of 20.00' to a point in the eastern
right of way of South Lynnhaven Road and then
turning and running along an arc to the left a
distance of 337.88', having a radius of 660.00'
to a point, thence continuing along the eastern
right of way of South Lynnhaven Road 11° 37' 46"
west a distance of 134.30' to a point, thence
turning and running along an arc to the right a
distance of 31.42', having a radius of 20.00'
to a point, thence running north 78° 22' l4"
east, a distance of 9.23' more or less, to the
point of beginning (Portion to be vacated is
designated as 0.519 acre, area to be vacated
on the below described plat).
Said parcel of land being a portion of South Lynnhaven
Road, as indicated on that certain plat of Property to be
vacated along existing South Lynnhaven Road for Princess Anne
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Properties, Inc., which plat is attached hereto and made a
part hereof and intended to be recorded with the Ordinance
closing the aforedescribed street.
2.
That no inconvenience will result to any persons
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by reason of said closing, vacation and discontinuance of
said street;
and the petitioners pray that this Honorable
Council appoint viewers as provided by law to view said
platted street proposed to be closed and to report in
writing to the Council on or before the 17th day of May, 1976,
as to whether in the opinion of said Viewers, what inconvenience
.
if any, would result from the discontinuance and closing of~this '
portion of said street, as herein reported and desc'ribed.
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3.
That on the 6th day of May, 1976, Notice of thè
presenting of this Application were posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia,
,
on the premises to be closed and at the City Hall Annex,
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19th Street and Arctic Avenue, Virginia Beach, Virginia, as
evidenced by the Affidavit attached hereto and a copy of said
Notice.
4.
That the Petitioners are fee simple owners of all
land along and adjacent to and affected by said portion of
the p~atted street to be closed and consequently, your Petition-
ers are all landowners affected by the same.
Respectfully submitted,
JOHN X. ARABONA
ÞffiRGUERITE O. ARAGONA
By:
,. /l f1 (/ / ,/ ~
,£.- f ~ ¡ '/;õ 4 r~1J
'...../ /' ' 'Of Coun"sel
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William R. Wahab
Pickett, Spain & Lyle
Post Office Box 2l27
Virginia Beach, Virginia
23452
ICKETT. SPAIN AND LYLE
ATTORNEYS AT LAW
RGINIA BEACH, VA, 23452
;'1 fi~! () ',,-)
On motion by Councilman Holland, seconded by Vice Mayor Ferrell,
and by recorded vote as follows:
Ayes: Councilme~ John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, ~r.~ VIce Mayor George R. Perrell, Charles W. Gardner,
John R. "GrIffIn, Clar~nce A. Holland, J. Henry McCoy, Jr., Mayor
J. CurtIs Payne, PatrIck L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
None
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City Council approved the following tax refunds I"n h
$549.97:t eamount of
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Robert Sheldon
IHll:i..é1n1 Osborne
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DonéJ 1(1 Hoo)~e
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Frêl Schul tz
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Councilman Standing made a motion, seconded by Councilman Gardner,
.to award the Cable Television 'Bid Franchise to Virginia Beach
T~lecommunications. The recorded vote is as follows:
Ayes: Counci lmen Charles W. Gardner, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, and Patrick L. Standing
Nays: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, John R. Griffin,
Clarence A. Holland, and Floyd E. Waterfield, Jr.
Ibsent: None
The above motion, to award the Cable Television Bid Fra~chise to
Virginia Beach Telecommunications, was, lost.
ITEM #9657(a)
Councilman Callis then made a motion, seconded by Councilman Griffin,
to award, the Cable Television Bid Franchise to Cox Cable of Virginia
Beach, Incorporated. ¡he recorded vote is as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Vice Mayor George R. Ferrell, John R. Griffin, .
Clarence A. Holland, and Patrick L. Standing.
;. .<>
Nays: Councilmen Charles W. Gardner, J. Henry McCoy, Jr., and
Mayor J. Curtis Payne.
Ab.s en t :
None
City Council awarded the Cable Television Franchise Bid to Cox Cable
of Virginia Beach, Incorporated, and approved the following ordinance
lanting to Cox Cable of Virginia Beach, Inc., the rights and
rivileges to construct, operate and maintain a cable television
stem within the City of Virginia Beach, Virginia:
'--¥ jllÞ
M:- o:mili'\NCF C!;/\~;':i;;C; TO COX Cable of Virginia Beach, Inc.
TI!~: r:TC:ì!'l' AND ]'i.:1Vl:.L'G~~ Tò--ë:;':':~;-;"Ú:T:Ti',."--
Ol'L¡';,\1'E ¡\~m ¡U~T\T/dt'J A CAEL], TELEVISIO'~
SY¡;'J'E1', klInTi': niE CITY or V'.!U"..NL\ BEACH
BE IT ORDAINED BY THE COUNCIL (,F TilE CITY OF VIRGINIA EEACH, VIRGINIA:
for the rigllt ODd prlvi]egB to construct, operate ~nd maintain a cal,Je
That <:l £ranchi se is hereby granted to COX Cab le of Virg inia Beach, Inc.
------- -.-------...".....-----------. -"-'-
tel ev:í~~ion SystCl:: \dtJÜn the Ci ty of Virginia Beach for the term and upon
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tLe conditÜms set forth in the Ordiu:';l1ce PrOpO[;ill¿; to Gl.-.:¡¡:t such a
franc!Jise, Eaid ol'eUn::mcc: F¿J.;3SC'd by Council on Harch 17, 1975.
.
Adopted by ThC' Cuundl of the Ci ty 0[" \'Ügi1lia Beach, Virgin:i.a em
the -~Zt1L- day of -----_-May..._-------, 1976.
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ITEM #9658
On motion by Councilman McCoy, seconded by Councilman Griffin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. FerTcll, Charles W. Gardner,
John R. Griffin, Clarence A.. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, and Patrick L. Standing.
Nays:
Councilman Floyd E. Waterfield, Jr.
Absent:
None
City Council approved the authorization for the initiation of the
project for establishing a route with Tidewater Regional Transit
from the Kempsville area, to Pembroke Mall, to Hilltop, to Pacific
Avenue Trailsways Bus Station, allowing service for citizens of the
City to have public transit to the beachfront during the summer
season. It is anticipated that sufficient revenues will be derived
to justify the service, which will cost approximately $7,900 during
the summer months. -Funds are available for this project. .
ITEM #9659
: ~
On motion by Vice Mayor Ferrell, seconded by Councilman Baum, and "
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. 'Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
None
City Council. approved the request of Mr. V. A. Etheridge, City
Treasurer, to charge-off the following checks:
Ambassador Restaurant Filed
(Chateau) Ol/24/76 $2,000.00 Special Tax Bankruptcy
Gerald T. Edw:lrds 12/15/75. 2.00 Parking ticket Left area
Lois J. Evans 02/16/76 l5.00 76 CD 105484 Moved to Tenn,
Robert D. Wiker llílO/75 5.50 Taxi permit Moved-cannot
locate
ITEM #9660
On motion by Councilman Griffin, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
None
As Council is aware, the City has underway a Lynnhaven Pollution
Study. In the next fiscal year, this item will be budgeted through
a separate fund. In the meantime, however, it will be necessary for
the City to appropriàte funds to carry the project through the balance
of this fiscal year; therefore, City Council approved an appropriation
of $19,000 from Reserve for Contingencies - Federal Grant. A breakdown
of funds needed through June 30, 1976 is as follows:
¡'.-.
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Commercial Laboratories
$15,000
Initial Cost for City Laboratories
. including water bath incubator,
autoclave, chemicals and media
3,000
Small boat for taking water
samples
1,000
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$l9,OOO
ITEM #966l
On motion by Vice Mayor Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows: .
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
.
Absent:
None
.; ...
City Council appointed Mr. Robert J. Scott, Planning Director, to
work with Mr. John A. Banks, Director of the Division of Legislative
Services, Commonwealth of Virginia, as a liaison to represent Virginia
Beach in working with his Division in the 1980 census.
ITEM #9662
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Doctor McCoy requested the City Manager and the Planning Director
to compile a report, to be sent to the State Highway Department,
regarding the widening of Princess Anne Road.
ITEM #9663
On motion by Councilman Holland, seconded by Councilman Callis,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, .Jr.
Nays:
None
Absent:
None
City Council appointed Mr. Joshua Darden, Sr., as Second Cohsu@er
Appointee to the Eastern Virgin~a Health Systems Agency. No term
was specified.
ITEM #9664
On motion by Vice Mayor Ferrell, seconded by Councilman Callis,
and by recorded vote as follows:
I Ayes: Councilmen John A. Baum, RobertI!.. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
None
City Council will hold an executive session on Monday, ~ay 24, 1976,
for the purpose of discussing matters permitted for discussion, under
Section 2.1-344, subparagraphs 1 through 6, inclusive, of the Freedom
of Information Act of the Commonwealth of Virginia.
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ITEM #9665
On motion by Vice Mayor Ferrell, secoJlded by Councilman Griffin,
'and by unanimous vote, the meeting adjourned.
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City of Virginia Beach,
Virginia .
May l7, 1976
Clerk
J. Curtis Payne, Mayor
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