JUNE 9, 1980 MINUTES
CITY OF VIRGINII BEICI
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, L.,g. CLARENCE A. HOLLAND, M.D., B.y@id, B.@.gh
VICE MAYOR 1. HENRY M@COY JR., D.O.S., K..p.@ill@ B .... gb DONALD W. MERRICK, Ly.@b.@@ B .... gb
JOHN A. BAUM, Bi.,k..,., B.@.gb MEYERA E. OBERNDORF, At L.,g,
F. REID ERVIN, A, L.,g, 1. CURTIS PAYNE, P,i.-@. A@., B.,..gb
GEORGE R. FERRELL, At L..,g@ ROGER L. RIGGS, Vi,i.i. B@.@h B.-.gh
BARBARA M. HENLEY, P..g. B.@.gh RUTH HODGES SMITH, Cily Cl@,*
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: MONDAY, 9 JUNE 1980 - 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. Stihl Orientation Film: Presentation by @ir. Fred Noe, President of
Stihl, Incorporated.
2. Master Street and Highway Plan Amendments: Explanation of proposed
alignment in the Baker Road area.
3. Fill Permits for Lots 23 and 24, Block 1, Pinewood: Discussion of
request to fill the subject lots.
4. Appropriation Ordinance on Water Rate Increase: Discussion of
additional funds needed by Department of Public Utilities for the
additional cost required to purchase water from the City of Norfolk
due to increase in water costs.
ITEM 11 FORMAL SESSION: MONDAY, 9 JUNE 1980 - 2:00 p.m.
A. INVOCATION: Reverend Dorsal S. Moyers
Pastor
St. John's Baptist Church
B. PLEDGE OF ALLEGIANCE
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept approve the Minutes of 12 May 1980.
ITEA II D. MINUTES (continued)
2. Motion to accept/approve the Minutes of 19 May 1980.
3. Motion to accept/approve the Minutes of 2 June 1980.
E. PRESENTATIONS:
1. Mayor's presentation of "Miss Virginia Beach" - Miss Nancy Bates.
2. State Department of Welfare presentation of three Meritorious Awards.
3. Edwin Kellam's presentation of an oil painting of Princess Anne
Courthouse.
F. RESOLUTIONS:
1. Resolution authorizing the City Manager to execute a permit issued
by the Virginia Marine Resources Commission to the City of Virginia
Beach.
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. Ordinance to amend and reordain Section 6-33(d) of the Code of the
City of Virginia Beach relating to the areas where surfing is per-
mitted.
2. Ordinance to authorize acquisition of property in fee simple for right-
of-way for Kempsville Road, Phase I, Project #2-805 and the acquisition
of temporary and permanent easements of right-of-way, either by agree-
ment or by condemnation.
3. Ordinance to amend the @4aster Street and Highway Plan dated December 16,
1974. (To be discussed in the Informal Session and request formal
action be deferred for one week.)
4. Ordinance for the Appointment of Viewers in the application of the City
Manager, City of Virginia Beach, for the closure of two portions of the
Holland Road Curve (Princess Anne Borough).
G. CONSENT AGENDA: (continued)
5. Request of the City Treasurer to charge off uncollectable checks in
the amount of $1,263.13.
6. Bingo/Raffle Pe@mits:
Arrowhead Recreation League Raffle
Church of the Holy Family Bingo/Raffle
7. Request of the City Treasurer for tax refunds in the amount of
$3,839.02.
H. PLANNING ITEMS:
1. RECONSIDERATIONS
a. Upon Court order, Application of DeFord, Limited, for a Change of
Zoning District Classification from R-5 Residential District to
R-8 Residential District on the north side of Newtown Road and
west of North Board Meadows Boulevard. Said parcels contains 74.62
acres (Bayside Borough).
2. DEFERRED ITEMS
a. Defekred indefinitely on February 11, 1980.
Application of Lakeside Construction Corporation for the following
changes of zoning totalling 305.20 acres located east of Oceana
Boulevard and north of both Princess Anne and Sandbridge Roads
(Princess Anne Borough):
1. Change of zoning from R-3 Residential District to R-6 Resi-
dential District on an 18.2 acre parcel.
2. Change of zoning from B-2 Community-Business District to R-6
Residential District on an 11 acre parcel.
3. Change of zoning from AG-1 Agricultural District to R-6 Resi-
dential District on a 34.8 acre parcel.
4. Change of zoning from AG-1 Agricultural District to R-5 Resi-
dential District on a 26.5 acre parcel.
5. Change of zoning from AG-1 Agricultural District to B-2 Com-
munity-Business District on a 2.3 acre parcel.
6. Change of zoning from B-2 Community-Business District to R-6
Residential District on a 165.4 acre parcel.
7. Change of zoning from R-4 Residential District to R-5 Resi-
dential District on a 47 acre parcel.
a. Letter from the City Manager transmitting the recommendation
of the Planning Commission for approval.
ITEM II H. PLANNING ITEMS: (continued)
2. DEFERRED ITEMS (continued)
b. Deferred indefinitely on February 11, 1980.
Application of Lakeside Construction Corporation for a conditional
use permit for a borrow pit on an 87 acre parcel located east of
Oceana Boulevard and north of Painters Lane (Princess Anne Borough).
1. Letter from the City Manager transmitting the recommenation of
the Planning Commission for approval.
3. NEW APPLICATIONS
a. Application of Lewis K. Kesser and Joseph G. Matylko for a change
of zoning from AG-1 Agricultural District to B-2 Community-Business
District on two parcels totalling 3.64 acres located on the east
side of North Landing Road, north of Indian River Road (Princess
Anne Borough).
1. Letter from the City Manager transmitting the recommendation of
the Planning Commission for approval.
b. Application of The Bank of Virginia Beach for a change of zoning
from A-1 Apartment District to B-2 Community-Business District on
a one-acre parcel located at the northwest intersection of Holland
Road and Rosemont Road (Princess Anne Borough).
i
1. Letter from the City Manager transmitting the recommendation of
the Planning Commission for approval.
c. Application of G/H Associates ior a change of zoning from A-1 Apart-
ment District to A-3 Apartment District on a 2.372 acre parcel loca-
ted on the north side of Gunn Hall Drive, east of Oceana Boulevard
(Princess Anne Borough).
1. Letter from the City Manager transmitting the recommendation of
the Planning Commission for denial.
**The applicant has submitted a letter expressing his desire to
withdraw this application.
ITEM II H. PLANNING ITEMS (continued)
4. ORDINANCES
b. Application of Mr. Tom B. Langley, of Langley and McDonald, on
behalf of this client, VNB Committee for Annette Gwathmey, for
an Ordinance to authorize a temporary encroachment into a portion
of the right-of-way of Windsor Road to VNB Committee for Annette
Gwathmey.
c. Application of Richard K. Stell, on behalf of T. C. C. Development
Corporation for an Ordinance granting a temporary encroachment in-
to a portion of the right-of-way of Pine View Avenue to T. C. C.
Development Corporation.
I. ORDINANCES
1. APPROPRIATIONS
a. Second Readings
1. Ordinance to accept and appropriate $76,394 from the Depart-
ment of Housing and Urban Development, and to transfer
existing appropriations upon receiving approval from that
Department.
2. Ordinance to appropriate funds of $13,560 as the City share
for WHRO-TV Capital Improvements.
b. First Readings
1. Ordinance to appropriate additional funds for the Community
Mental Health Rehabilitation Unit in the amount of $6,000.
2. Ordinance to appropriate funds in the amount of $355,000
to the Department of Public Works for expenditures over
the Budget.
C. Bids
1. Low bid of Piland Construction Company, Inc., in the amount
of $112,000 for the Old Coast Guard Station (3-922);
AND, authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
ITEM II H. PLANNING ITEMS: (continued)
3. NEW APPLICATIONS (continued)
d. Application of Oceanside Enterprises, Inc. for a change of zoning
from AG-2 Agricultural District to A-1 Apartment District on a
17.16 acre parcel,,
AND, a change of zoning from AG-1 Agricultural District to A-1
Apartment District on a 32 acre parcel.
These parcels are located on the east side of Seaboard Road, north
of Princess Anne Road (Princess Anne Borough).
1. Letter from the City Manager transmitting the recommendation of
the Planning Commission for approval.
e. Application of the City of Virginia Beach for the following changes
of zoning:
1. Camp Pendleton - I-2 Heavy Industrial District to P-1 Preserva-
tion District (Lynnhaven and Princess Anne Boroughs)
2. False Cape State Park, Cedar Island, Little Cedar Island, and
Buckle Island - AG-1 Agricultural District to P-1 Preservation
District (Pungo Borough)
3. Tidewater Community College - R-8 Residential District to P-1
Preservation District (Princess Anne and Kempsville Boroughs)
a. Letter from the City Manager transmitting the recommendation
of the Planning Commission for approval.
f. Application of Evelyn Capps and Russell B. Capps, Jr. for a condi-
tional use permit for a home occupation (child care) on a 4.51 acre
parcel located at the southeast intersection of Mill Landing Road
and Morrils Neck Road (Pungo Borough).
1. Letter from the City Manager transmitting the recommendation of
the Planning Commi8sion for approval.
4. ORDINA14CES
a. Application of Patricia Lunger and Geneva Brown for the petition
for the closure of a portion of Sand Pine Road (Lynnhaven Borough).
1. Letter from the City Manager transmitting the recommendation of
the Planning Commission for denial.
ITEM II I. ORDINANCES (continued)
1. APPROPRIATIONS (continued)
c. Bids (continued)
Low bid of W. R. Hall, Jr. in the amount of $223,506 for the
Lynnhaven Colony, Phase 3, Section 2, Sanitary Sewer Facilities
Project;
AND, authorize the City Manager to enter into the necessary
agreements to implement this project.
Low bid of Utility Builders, Inc. in the amount of $110,558.75
for the Woodhurst and Thunderbird Drive Sanitary Sewerage
Facilities Project;
AND, authorize the City Manager to enter into the necessary
agreements to implement this project.
2. CITY CODE AMENDMENTS
a. Ordinance imposing and levying a bank franchise tax for the
Calendar Year beginning January 1, 1980 and ending December 31,
1980 and for each calendar year thereafter, unless otherwise
changed bythe Council, upon the net capital of every bank loca-
ted in the City of Virginia Beach and upon every bank whose
principal office is located outside the City of Virginia Beach
and which is located in the City of Virginia Beach a branch or
branches thereof, providing for certain definitions and reports
and the assessment, collection and payment of such tax, and
prescribing penalties for its violation, and repealing ordinance
No. 22 and Ordinance No. 914 providing for the taxation of bank
stock dated January 1, 1963 and January 1, 1979, respectively.
b. Ordinance to amend and reordain Chapter 11 of the Code of the
City of Virginia Beach pertaining to dance halls.
c. Ordinance to amend and reordain Chapter 34 of the Code o'f the
City of Virginia Beach.pertaining to taxicabs and for-hire cars.
J. APPOINTMENTS TO BOARDS AND COMMISSIONS (All terms expire June 30, 1980)
1. Arts & Humanities Commission
2. Bicentennial Committee
3. Citizens Advisory Committee of Housing and Community Development
4. Mayor's Committee on Aging
5. Minimum Housing Board of Appeals
6. Social Services Board
7. Southeastern Virginia Planning District Commission
8. Volunteer Council (expiring May 31, 1980)
ITEM II K. OLD BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
1. Motion to adjourn
M I t4 U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
9 June 1980
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Acting Mayor J. Henry McCoy, Jr.,
in the Conference Room, in the Administration Building, on Monday,
9 June 1980 at one o'clock in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Pleyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Absent:
Mayor Patrick L. Standing (Mayor Standing is attendinq
the U. S. Conference of Mayors to receive the Volunteerism
Award for the City of Virginia Beach
ITEM #15219
Acting Mayor McCoy entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
1. Consultation with legal Counsel and briefinq
by staff members, consultants, or attorneys per
taining to actual or potential litigation, or
other legal matters within the jurisdiction of
the public body. (Legal Matters).
Upon motion by Councilman Holland, seconded by Councilman Ferrell,
City Council voted to proceed into the EXECUTIVE SESSIOI@ following
the INFORMAL SESSION.
Voting: 10-0
2-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Ileyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
ITEM #15220
Mr. Fred Noe, President of Stihl, Incorporated, appeared before
Council during the INFORMAL SESSION to present and donate the
Stihl Orientation Film to Council.
ITEM #15221
Councilman 14errick requested information from the Planning Director
regarding the Airport Zoning Ordinance.
The Planning Director advised Council that the Planning Commission
had appointed a Subcommittee to study the proposed Ordinance.
ITEM #15222
Councilwoman Henley advised Council that a use permit application
for a home occupation (Evelyn and Russell Capps, Jr., Item II-H.3.f)
had been placed on the Agenda in error.
Councilwoman Henley requested this matter be brought forward to
the beginning of the Planhing Agenda items to be withdrawn.
06/09/80
3-
ITEM #15223
The City Manager advised Council that the Planning Director will
discuss the Master Street and Highway Plan regarding the proposed
alignment in the Baker Road drea.
The Planning Director advised Council that a plan to be investigated
was to abandon the plans to extend Baker Road, and to e.,tend Diamond
Springs Road to connect with Witchduck Road.
The major concept behind the proposed network of roads is to L:)roduce
an important North-South movement of traffic from Virginia Beach
Boulevard to Northampton Boulevard and Shore Drive.
ITEM #15224
The City Manager discussed with Council the fill permits for Lots
23 and 24, Block One, Pinewood. Slides were presented showing the
area in question.
The City Manager further advised Council that the person requesting
the fill permits has "basically" withdrawn his request for the
permits.
The City Attorney advised the Council of litigation with Lake Holly,
and requested the Public Works Director to discuss this matter with
one of his Assistants before continuing with the above.
ITEM #15225
The City Manager discussed with Council the additional .@unds needed
by the Departnent o-' Public Utilities for the additional cost required
to purchase water from the City of Norfolk due to increase in water
rates.
The increase will become effective 1 July 1980, and will constitute
a twelve-cent (12cts) increase in the water rates for the residents of
Virginia Beach.
ITEM #15226
The City Manager advised Council of a suit brought by Virginia National
Bank against the City of Virginia Beach and other cities throuahout the
State claiming erroneous assessment of their bank stock; and, therefore,
were paying too many taxes under the City's local Ordinance.
The Bank was successful in getting the General Assembly '-o amend
the State Code to change tlie basis upon which net capital of banks
is computed.
The Ordinance amending the State Code is on the FO@IAL AGENDA.
06/09/80
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ITEM #15227
The City Manager indicated he received a notori--ed statement from
a gentlemen who advised that he had siqned for sewer under the
old rate; however, because he was out of the Country he was unable
to pay the line fee before the deadline.
The City Planager and the City Attorney are to meet and discuss the
above matter.
ITEM #15228
Councilman Riggs discussed parking problems on Atlantic Avenue.
City Council recessed to the EXECUTIVE SESSIOtl (1:50 p.n..) for
briefing prior to the FOPJIAL SESSION in the Council Chambers.
06/09/80
5-
F 0 R M A L S E S S I 0 N
Virginia Beach City Council
virginia Beach, Virginia
2:15 p.m.
Council menbers Present:
John A. Baum, F. Reid Ervin, Ceorge R. Ferrell,
Barbara M. Henley, Acting Mayor J. Henry McCoy,
Jr., Donald W. Merrick, D4eyera E. Obetndorf, J.
Curtis Payne, and Roger L. Riggs
Council MeT.,Lbers Absent:
*Clarence A. Holland, and Mayor Patrick L. Standing
INVOCATION: Reverend Dorsal S. Moyers, Pastor, St. John's Baptist
church.
PLEDGE OF ALLEGIANCE
M I N U T E S
(ITEM II-D.1) ITEM #15229
Upon motion by Councilman Ferrell, seconded by Councilman Riggs,
City Council voted to APPROVE the ilinutes of the Regular Meeting
of 12 May 1980.
Voting: 9-0
06/09/80
-6-
Council Merrbers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Acting Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, and Roger L. Riggs
Council Merbers Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Mayor Patrick L. Standing
(ITEM II-D.2) ITEM #15230
Upon motion by Councilman Riggs, seconded by Acting Mayor McCoy,
City Council voted to APPROVE the D4inutes of the Pegular meeting
of 19 May 1980.
Voting: 9-0
06/09/80
7-
Council Meirbers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Acting Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. oberndorf, J.
Curti,s Payne, Roger L. Riggs
Council Mer-bers Voting Nay:
None
Council Mernbers Absent:
Clarence A. Holland, and Mayor Patrick L. Standing
(ITEM II-D.3) ITEM #15231
Upon motion by Councilwoman Henley, seconded by Councilnan Baum,
City Council voted to APPROVE, with a CORRECTION, the Minutes of
the Informal Briefing Session of 2 June 1980.
Iter.i #15213 - should read: ........ proceed in
DRAFT -@orri and come back to Council at a
FUTURE DATE."
*COUNCILMA@l HOLLALND ENTERED MEETING AT 2.17 p.m.
Voting: 10-0
Council members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
06/09/80
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
P R E S E N T A T I 0 N
(ITEM II-E.3) ITEM #15232
Attorney Edwin Kellam appeared before Council and presented a history
and oil painting of Princess Anne painted in 1710 by Jeffery Nella,
Court Painter to the Queen of England.
Doctor Mansfield, Virginia Wesleyan College, spoke on the history of
Princess Anne County and the Tidewater area.
Mrs. Francis S. Elrod, Director of Social Services, introduced
Mr. William Luchard, Commissioner, State Department of Welfare.
Mr. Luchard presented Meritorious Awards to:
Mrs. Tanya Wolfe
Mrs. Reba Hicks
Mrs. Lois Smith
ITEM #15233
Miss Nancy Bates, Miss Virginia Beach, appeared before Council to
express her appreciation and honor in being selected Miss Virginia
Beach.
Acting Mayor McCoy presented Miss Bates a Pin of the Cape Henry Lighthouse,
the Official City gift, and a framed copy of the City Seal.
-8a-
ANNE
Queen of Great Britain and Ireland.
Second daughter of James, Duke of York (afterwards James II,
King of Great Britain and Ireland) and Anne Hyde, daughter of
the first Earl of Clarendon.
Granddaughter of Charles 1, King of Great Britain and Ireland,
and niece of Charles II, King of Great Britain and Ireland.
Born February 6, 1665, she spent her early childhood in France
with her grandmother, Henrietta Maria, daughter of Henry IV, King of France
and widow of Charles I, King of Great Britain and Ireland. Charles I was
tried by a High Court established by the English Parliament (without precedent
and illegal according to the then English law) and found guilty of high treason and
executed, and Anne returned to England in 1670 (after the end of Cromwellian Rein
and the re-establishment of the monarchy). She was then five years of age, her
uncle, Charles II, having become King. She was brought up with her older sister,
Mary, under the direction of her uncle, Charles II, King of Great Britain and
Ireland. Mary, Anne's older sister, was married to William, Prince of Orange,
and later became Queen of Great Britain and Ireland, and ruled Great Britain with
her husband, who became William III. He was also King of Holland. Anne was raised
as a strict Protestant. On July 28, 1683, she married Prince George of Denmark,
who was the brother of King Christian V of Denmark.
On February 6, 1685, her father, James II, became King of Great
Britain and Ireland. James II lost favor with the people and Parliament and
was deposed in December, 1688, when Anne's sister, Mary, and her husband,
William of Orange, became King and Queen of Great Britain and Ireland.
Anne became Queen of Great Britain and Ireland March 8, 1702, on the death
of her brother-in-law, William III, her sister having predeceased her husband.
(Under the Declaration of Rights, Anne was to be successor to the throne after
06/09/80
-8b-
-William and Mary and their children. They had no children.)
Her reign was destined to be one of the most brilliant in the history
of England. She declared, "her heart to be entirely English". She showed great
interest in the church and church matters.
She died August 1, 1714, and was succeeded by the Elector of Hanover,
George Louis, son of the Electress Sophia, daughter of Elizabeth, who was the
daughter of James I. He came to the throne of England as George I. Anne
suffered a series of miscarriages and only had one son who lived more than a
few months - William. He was born July 24, 1689, created Duke of Gloucester.
He died July 29, 1700, at eleven years of age.
She was a strict moralist, a kind and considerate person, loyal to her
friends and her subjects, and generous to those who served her well. She served
the State well, was zealous and conscientious in the fulfillment of public
duties and never forgot she was the servant of her subjects. She was the most
successful and the highest-regarded sovereign of The House of Stuart.
The Dutchess of Marlborough was, from early childhood, a close and
personal friend of the Queen and was her Mistress of the Robes. She conferred
many honors on her husband, including Knight of the Garter, Captain General of the
Army, and a Dukedam.
England became the foremost power of Europe under her reign.
PRESENTATION BY JUDGE KELLAM AT THE FORMAL SESSION OF CITY COUNCIL, JUNE 9, 1980
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06/09/80
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R E S 0 L U T I 0 N
(ITEM II-F.1) ITEM #15234
The regular meeting of the Council of the City of
Virginia Beach, Virginia, was held in the Council Chambers of the
Adniinistration Building, on the Ninth day of June
19 80 .
On motion by Councilman Baum
seconded by Councilman Holland the following Resolut'i-on
was adopted.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A PERMIT ISSUED BY THE VIRGINIA
MARINE RESOURCES CO@U4ISSION TO THE CITY OF
VIRGINIA BEACH
BE IT RESOLVED BY THE COUNCIL OF TaE CITY OF VIRGINIA BEACH,
VIRGINIA:
@hat the City Manager is hereby authorized to execute a Permit,
a copy of which is attached hereto, authorizing the Virginia Beach
Departinent of Public Works to replace the present Salem Road Bridge
crossing a tributary of the North Landing River in VircTinia Beach,
Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Ninth day of June 1980.
Approved:
Mayor
Attest:
City Cltrk
06/09/80
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Upon motion by Councilman BaLun, seconded by Councilman Holland,
City Council voted to ADOPT the Resolution authorizing the City
Manager to execute a permit issued by the Virginia Marine Resources
Commission to the City of Virginia Beach to replace the present
Salem Road Bridge with a culvert crossing; and, to construct a temporary
by-pass road to facilitate uninterrupted traffic.
Voting: 10-0
Council Meribers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clar--nce A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roqer L.
Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
C 0 N S E N T A G E N D A
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:
(ITEM II-G.1) ITEM #15235
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the Ordinance to amend and reordain
Section 6-33(d) of the Code of the City of Virginia Beach, Virginia,
relating to the areas where surfing is permitted.
Voting: 10-0
Council Me.@ers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
i'4eyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs
Council Members Voting Nay:
None
Council Mernbers Absent:
mayor Patrick L. Standing
0 6/09/80
-1 2-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-33 (d) OF THE CODE OF THE
CITY OF VIRGINXA BEACH, VIRGINIA,
RELATING TO THE AREAS WHERE SURFING
IS PERMITTED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 6-33(d) of the Code of the City of Virginia
Beach, Virginia, shall be amended as follows:
(d) In the areas North of the Northern line of Camp Pendleton
to the Southern boundary of Fort Story, between the hours of sunrise and
sunsetl except, that between the period May 15th through September 30th,
surfing is not permitted between the hours of 10:00 a.m. and 5:00 p.m.
Surfing is permitted in the area three hundred (300) feet North of the
centerline of Third Street prolongated Eastward extending one hundred
(100) feet North of the cent4rline of Fifth Street prolongated Eastward
and in the area eight hundred (800) feet South of the Southern jetty of
Rudee Inlet and in the area five hundred (500) feet North of the Northern
jetty of Rudee Inlet between sunrise and sunset.
This Ordinance shall be in effect on and after date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Ninth day of June, 1980
@13-
(ITEM II-G.2) ITEM #15236
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE tlte Ordinance to authorize acquisition
of property in fee simple for right-of-way -@or Kempsville Road, Phase I,
Project #2-805 and the acquisition of temporary and permanent easements
of right-of-way, either by acquisition or by condemnation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Ileyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs
'Council Members Voting Nay:
None
Council Meribers Absent:
Playor Patrick L. Standing
to be a T,@ Copy fO@-:1@fat klecwd of the Citr
of V-@ dated @h day of '198o
Cusiodi.n
@@;ty C:.. Ci ty i8@acit
0 6/09/80
-14-
iO93
Requested by: Department of Public Works
AN ORDINANCE TO AUTHORIZE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT-
OF-WAY FOR KEMPSVILLE ROAD PHASE I,
PROJECT #2-805 AND THE ACQUISITION OF
TEMPORARY AND PERMANENT EASEMENTS OF
RIGHT-OF-WAY, EITHER BY ACQUISITION
OR CONDEMNATION
WHEREAS, in the opinion of the Council of the City of Virginia
Beach, Virginia, a public necessity exists for the construction of
this important road,,iay to provide transportation and for other public
purposes for the preservation of the safety, health, peace, good order,
comfort, convenience, moral and for the welfare of the people in the
City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and
directed to acquire by purchase or condemnation pursuant to Section
15.1-236 et seq. and Section 33.1-89 et seq., Code of Virginia, 1950,
as amended, all that certain real property in fee simple, including
temporary and permanent easements of right-of-way as shown on the
plans entitled, "Kempsville Road Phase I." These plans being on
file in the office of Real Estate, Department of Public Works,
virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to make
or cause to be made in behalf of the City of Virginia Beach, to the
extent that funds are available, a reasonable offer to the owners
or persons having an interest in said lands, if refused, the City
Attorney is hereby authorized to institute proceedings to condemn
said property.
Section 3. That an emergency is hereby declared to exist and
this ordinance shall be in force and effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Ninth day of June 1980.
06/09/80
VAGINIA: In,the Cle,k's Office of the Circ.it Co.rt of Virginia Beach...I..-5... ..... dy
19.. al@ in
.. .......... tbi., stru.ent .@ recei@ed and P.n the
- 15-
(ITEM II-G.3) ITEM #15237
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to DEFER FOR ONE WEEK an Ordinance to amend the
Master Street and Highway Plan dated December 16, 1974.
Voting: 10-0
Council Meribers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Meribers Absent:
Mayor Patrick L. Standing
06/09/80
-16-
(ITEM II-G.4) ITEM #15238
upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the Ordinance for the Appointment of
Viewers in the application of the City Manager, City of Virginia Beach,
for the closure of two (2) portions of the Holland Road Curve, in the
Princess Anne Borough.
Voting: 10-0
Council Me@ers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferreli-,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Menbers Voting Nay:
'qone
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
-17-
ORDINANCE APPOINTING VIEWERS
WHEREAS, the City of Virginia Beach, Virginia, has given due and
proper notice, in accordance with the Statutes for such cases made and
provided, that it would on this day apply to the City Council of the
City of Virginia Beach, Virginia, for the appointment of Viewers to
view the below described property and report in writing to the Council
whether, in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuing of the hereinafter
described portion of Holland Road in the Princess Anne Borough of
the City of Virginia Beach, Virginia, and have filed such application
with the said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That C. Oral Lambert
Robert J. Scott
David M. Grochmal
are hereby appointed to view the below described property and report
in writing to the Council on or before , whether in
their opinion, any, and if any, what inconvenience would result from
the discontinuing, closing and vacating of that certain portion of
Holland Road, located in the Borough of Princess Anne, City of
Virginia Beach, Virginia, and described as follows:
All that certain portion of Holland Road as
shown as solid shaded area as it appears and
is shown on that certain plat entitled "Plat
Showing Excess Right-of Way On Holland Road
And Property To Be Acquired By the City of
Virginia Beach, Virginia, From James G. and
Marilou Kollar," Scale: 1" = 50', dated
August 31, 1978, revised: 9/26/78, prepared
by Bureau of Surveys and Mapping, Engineering
Division, Department of Public Works, City of
Virginia Beach, Virginia, said plat being re-
corded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 139, at Page 19 to which reference
is made for @more partic@lar description.
06/09/80
1 8-
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF P E T I T I 0 N
HOLLAND ROAD
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Petitioner, City of Virginia Beach, respectfully represents:
1. That pursuant to the provisions of Section 15.1-364 of
the Code of Virginia, 1950, as ariended, the said petitioner applies
for the vacating, closing and discontinuing of a portion of a certain
road situate in the Borough of Princess Anne, City of Virginia Beach,
Virginia, and described as follows:
All that certain portion of Holland Road
as shown as solid shaded area as it appears
and is shown on that certain plat entitled
"Plat Showing Excess Right-Of-Way on Holland
Road And Property To Be Acquired By the City
Of Virginia Beach, Virginia, From James G.
and Marilou Kollar," Scale: 1" = 50', dated
August 31, 1978, revised: 9/26/78, prepared
by Bureau of Surveys and Mapping, Engineering
Division, Department of Public Works, City of
Virginia Beach, Virginia, said plat being re-
corded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 139, at Page 19 to which reference
is made for a more partictl-ar description.
2. That no inconvenience will result to any person by reason
of the said closing, vacating and discontinuing of this portion of
said road, and petitioner prays that this Honorable Council appoint
Viewers as provided by the aforesaid Statute to view the portion of
the said road to be closed and report in writing to this Council on
or before .1980, whether, in the opinion of
the said Viewers, any, and if any, what inconvenience would result
from the discontinuing of this portion of said road.
3. That on the day of 1 1980, notices of
the presenting of this appl4cation were posted at the Courthouse of
the Circuit Court of the --ity of Virginia Beach, Virginia, and at
two other public places within the said City, as evidenced by the
affidavit attached hereto, and a copy of said notice.
Respectfully submitted,
OFFICE OF THE CITY ATTORNEY
06/09/80
-19-
ORDINANCE APPOINTING VILI'IERS
WHEREAS, the City of Virginia Beach, Virginia, has given due and
proper notice, in accordance with the Statutes for such cases made and
provided, that it would on this day apply to the City Counc-'@l 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 any, what in-
convenience would result from the discontinuing of the hereinafter
described portion of Holland Road in the Princess Tnne Borough
of the City of Virginia Beach, Virginia, and have fil-ed such application
with the said Council.
NOW, THEREFOPE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That C. Oral Lambert
Robert J. Scott AND
David M. Grochmal are
hereby appointed to view the below described property and report in
writing to the Council on or before whether in
their opinicn, any, and if any, what inconvenience would result from
the discontinuing, closing and vacating of that certain portion of
Holland Road, located in the Borough of Princess Anne, City of Virgiiiia
Beach, Virginia, and described as follows:
All that certain portion of Holland Fc-ad as
shown as solid shaded area as it appears on
thiit certain plat entitled "Plat Showing
Excess Right-Of-Way On Holland Road And
Property To Be Acquired By The City of
Virginia Beach From Oswald S. Buyrn and
and Louise Whitehurst Buyrn," Princess Anne
Borough, Virginia Beach, Virginia, Scale: 1"
= 50', dated August 31, 1978, Revised: 9/26/78,
prepared by Bureau of Surveys and Mapping,
Engineering Division, Department of Public
Works, Virginia Beach, Virginia, said plat
being recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 139, at Page 18 to
which reference is mad@for a more p-articular
description.
06/09/80
-20-
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF P E T I T I 0 N
HOLLAND ROAD
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Petitioner, City of Virginia Beach, respectfully represents:
1. That pursuant to the provisions of Section 15.1-364 of the
Code of Virginia, 1950, as amended, the said petitioner applies for the
vacating, closing and discontinuing of a portion of a certain road
situated in the Borough of Princess Anne, City of Virginia Beach,
Virginia, and described as follows:.
All that certain portion of Holland Road as
shown as solid shaded area as it appears on
that certain plat entitled "Plat Showing
Excess Right-Of-Way On Holland Road And
Property To Be Acquired By The City of
Virginia Beach From Oswald S. Buyrn and
Louise Whitehurst Buyrn," Princess Anne
Borough, Virginia Beach, Virginia, Scale:
1" = 50', dated August 31, 1978, Revised:
9/26/78, prepared by Bureau of Surveys and
Mapping, Engineering Division, Department
of Public Works, Virginia Beach, Virginia,
said plat being recorded in the Clerk's
Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 139,
at Paqe 18, to which reference is made for
a par@ictl-ar description.
2. That no inconvenience will result to any person by reason
of the said closing, vacating and discontinuing of this portion of
said road, and petitioner prays that this Honorable Council appoint
Viewers as provided by the aforesaid Statute to view the portion of
the s-id road to be closed and report in writing to this Council on
or before 1960, whether, in the opinion of the
said Viewers, any, and if any, what inconvenience would result from
the discontinuing of this portion of said road.
3. That on the day of , 1980, notices of
the presenting of this application were posted at the Courthouse of
the Circuit Court of the City of Virginia Beach, Virginia, and at two
other public places within the said City, as evidenced by the affidavit
attached hereto, and a copy of said notice.
Respectfully subinitted,
06/09/80
-21-
(ITEM II-G.5) ITEM #15239
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the request of the City Treasurer and
charqe-off uncollectable checks in the amount of $1,263.13.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
kleyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Meribers Voting Nay:
None
Council Menbers Absent:
Mayor Patrick L. Standing
0 6/09/80
-22-
JOHN T. ATKINSON MUNICIPAL CENTER
TREASURER VIRGINIA BEACH, VIRGINIA 234H
May 22, 1980 427.4"3
I WOULD LIKE PERMISSION OF THE CITY COUNTIL OF THE CITY OF VIRGINIA BEACH TO CHARGE OFF
THE FOLLOWING UNCOLLECTABLE RETURNED CHECKS:
Winford M. Beck 6.50 Animal Control Check date: 9/12/79
OE Div., USS Saipan LHA-2 Moved, unable to locate
FPO New York, NY 09501
Mrs. Jos. T. Burton, Jr. 6.50 Animal Control Check date: 6/4/79
115 Navy Lodge NAB Left State, no address
Little Creek, Va.
Mrs. Jos. T. Burton, Jr. 20.00 Animal Control Check date: 6/4/79
115 Navy Lodge NAB Left State, no address
Little Creek, Va.
Brenda L. Forrester 6.50 Animal Control Check date: 3/14/79
830 River Bend Rd. Moved, unable to locate
Va. Beach, Va. 23452
Mary E. Spraggins 6.50 Animal Control Check date: 9/23/79
3429 Daffodil Cres- Moved, unable to locate
Va. Beach, Va. 23456
Robert L. Williams, Jr. 6.50 Animal Control Check date: 7/5/79
952 Gordon Ave. Moved, unable to locate
Norfolk, Va. 23504
Jeremy L. Williamson 11.00 Animal Control Check date: 3/29/79
916-4 S. Club House Rd. Moved, unable to locate
Va. Beach, Va. 23452
George C. Martine 10.00 Animal Control Check date: 3/14/80
200 Webster Place Moved, unable to locate
Va. Beach, Va. 23454
Salvatore Pisano, Jr. 3.00 Police Dept, Check Date: 10/7/78
VF 171 NAS Oceana Left State, no address
Va. Beach, Va. 23460
Patricia A. White 2.00 Police Dept. Check date: 2/11/80
1615 Kennon Ave. Moved, unable to locate
Norfolk, Va. 23502
06/09/80
PAGE 2 ......... -2 3-
Teresa L. Tignor 6.00 Parks & Rec. Dept. Check date- 4123/79
744 Arthur Ave. Left State, no addrets
Va. Beach, Va. 23452
Jack S. Henderson 17.00 City Decal Check date: 7/Tl/79
4937 Juno Street Bike License Left State*,no address
Va. Beach, Va. 23455
Mary T. Smith 21.00 City Decal Check date: 6/5/79
421 22nd St. Bike License Moved, unable to locate
Va. Beach, Va. 23451 Dog License
Angela 0. Slagle 15.00 City Decal Check date: 4/11/79
314 Elmwood Ct. Moved, unable to locate
Va. Beach, Va. 23454
Reg 1. Tribble 15.00 City Decal Check date: 5/18/79
8732 Nathan Rd. Moved, unable to locate
Norfolk, Va. 23518
David L. Aldorf 15.00 City Decal Check date: 1/11/80
3749 Silina Dr. Left State, no address
Va. Beach, Va. 23452
Carolyn M. Brady 15.00 City Decal Check date: 2/21/80
2225B Wolf St. Moved, unable to locate
Va. Beach, Va. 23454
Ruth R. Banks 10.00 Parking Ticket Check date: 3/8/79
5625 Banbury Ct. Moved, unable to locate
Va. Beach, Va. 23462
Timothy M. Freeman 6.00 Parking Ticket Check date: 8/31/79
1137 Rollingwood Arch Moved, unable to locate
Va. Beach, Va. 23462
Eliza B. Saunders 6.00 Parking Ticket Check date: 10/16/79
1711 Milan St. No response
New Orleans, La. 70115
Donna Williams 6.00 Parking Ticket Check date: 8/8/79
3302 Holly Rd. Moved, unable to locate
Va. Beach, Va. 23451
Larry L. Buffmyer 9.00 Mental Health Check date: 2/5/80
1881 Village Rd. Moved, unable to locate
Va. Beach, Va. 23454
Loretta J. Yow 5.00 School Board Check date: 3/31/80
200 Matt Ln. Moved, unable to locate,
Va. Beach, Va. 23451 Never attended class
06/09/80
-2 4-
PAGE 3.........
C & M Corp. 238.63 Special Tax Check date: 9/14/79
T/A B.J.'s Restaurant Business burned, unable to
628 South Military Hwy- locate owner
Va. Beach, Va. 23462
E. L. Gray 400.00 Special Tax Check date: 7/2/79
2859 Va. Beach Blvd. Moved, unable to locate
Va. Beach, Va. 23452
Robert E. Wagner 400.00 Special Tax Check date:'10/10/79
315 17th St. Unable to locate
Va. Beach, Va. 23451
$1,263.13
06/09/80
-25-
(ITEM II-G.6) ITEM #15240
Upon rqotion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the following Bingo/Raffle Permits:
Raffle - Arrowhead Recreation League
Bingo/Raffle - Church of the Holy Family
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Playor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Me@ers Absent:
Playor Patrick L. Standing
06/09/80
- 26-
(ITEM II-G.7) ITEM #15241
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the request of the City Treasurer for
tax refunds in the amount of $3,839.02.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
-27- UPOII AI'PLICi,TIO',,' 01,' CIII"'I'All,' PERSO,\IS
AND UPOZI CERTIFICATION OF TIIE TREASURER
BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRDINIA BEACII$ VIRCIIIIA:
That the followin- applications for tax refunds upon certification of
Treasurer are hereby approved:
$2,645.87
Totaling.$
TAY' YPE TICKETIEXOI-IER- DATE
E Y rA OF TA.X NU4BER TION NC PAID ?ENALTY INT TOTAL
house, Rob't. W., III 76 RE 67091-8 (2/2) 12/5/76 54.55
house, Rob't. W., III 78 RE 71224-8 (1/2) 11/30/77 59.10
house, Rob't. W., III 78 RE 71224-8 (2/2) 6/1/78 59.10
house, Rob't. W., III 79 RE 75066-9 (1/2) 12/5/78 62.70
house, Rob't. W., III 79 RE 75066-9 (2/2) 6/5/79 62.70
Va. Beach Associates 78 RE 19914-2 (2/2) 3/26/79 827.90
Va. Beach Associates 79 RE 20981-7 (1/2) 3/8/79 717.45
Va. Beach Associates 79 RE 20981-7 (2/2) 6/5/79 645.77
William P., Jr. 79 PP 130354 3/25/80 124.86
or, Michael D. 79 pp 127341 11/29/79 31.74
e above abatement(s) totaling Cer4fied as to pa", ent;
,645, 7were approved by
e Council o the City of Virginia
,,ch on the 'Ninth day of June I /& i
IN@ON, @.Creasurer
vc as to form:
S-itl,. City Cle@k
C! I !;C)tl, Cit)- ',Lt@c,L-n
1.@. 7
2 8- 5/22/80
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Year of Tax Number tion NO. Paid
rphy, T.M. & L. F. 78 RE 46283-8 (1/2) 11/21/77 36.20
rphy, T.M. & L. F. 78 RE 46283-8 (2/2) 6/1/78 36.20
rphy, T.M. & L.F. 79 RE 48460-8 (1/2) 12/5/78 33.28
rphy, T.M. & L.F. 79 RE 48460-8 (2/2) 6/5/79 33.28
rphy, T.M. & L.F. 80 RE 45524-5 (1/2) 12/5/79 30.78
apnell, B.L. & F.L. 80 RE 64127-7 (1/2) 1/11/80 61.36
ore, R.G. Bldg. Corp. 80 RE 44356-1 (1/2) 12/5/79 26.24
+on, Walter L. 79 pp 127280 2/28/80 91.35
is, Melvin L. 78 pp 84263 6/1/78 58.08
mms, Melvin L. 79 pp 83462 6/1/79 59.40
Total 466.17
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling payment-
$4 6 6. 1 7 were approved by
the Council of the City of Virginia
E3each on the 9 day of Jilne
i T. Atkir on, Treasurer
Approved as to form:
Ruth Fiodges Smith
City Cleik
[3init,"ori, City Atiorricy
uroll, pi
AND UPOII CERTIFICATIOli OF TilE TREASURER
BE IT OR,,DAINED BY TIIE COUNCIL OF TliE CITY OF VIRGINIA BEACH, VIRGINIA:
That the follot.)in- applications for tax refunds upon certification of
Treasurer are hereby approved: $726.98
To-aling $
TAY' TYPE TICKET@EXOIIFR- DATE
E Y@ OF TAX Nt),%IBER TION NC PA-L L) tNALLx INT TOTAL
e ,-John H., Jr. 77 RE .17320-5 (6mo) 6/6/77 101.20
e IJohn H., Jr. 78 RE 18196-3 (1/2) 12/1/77 100.05
e , John H., Jr. 78 RE 18196-3 (2/2) 6/1/78 100.05
e ,John H., Jr. 79 RE 19176-4 (1/2) 11/30/78 92.00
e, John H., Jr. 79 RE 19176-4 (2/2) 5/30/79 92.00
e, John H., Jr. 80 RE 17704-6 (1/2) 12/5/79 99.90
ond, Timothy L. 79. pp 116811 11/16/79 141.78-
e above abatement(s) totaling Cel payment;
were ap?roved by
e Council of the City of Virginia
ach on the Ninth day of June
Treasure
Approvcd to form:
-Ltli 11. Smithp City Clerk
06/09/80
3 0-
P L A N N I N G A G E N D A
(ITEM II-I:.3.f) ITEM #15242
The application of Evelyn Capps and Russell B. Capps, Jr., for a
Conditional Use Permit for a home occlipation (child care) was
brought for,,iard.
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City
Council voted to permit WITHDRAWAL of the application of EVELYII CAPPS
AND RUSSELL B. CAPPS, JR., for a Conditional Use Permit for a home
occupation (child care); A-LID, the applicant is to be REFUNDED her
application fee.
Ordinance upon application of Evelyn Capps
and Russell B. Capps, Jr., for a Conditional
Use Permit for a home occupation (child care)
on certain property located at the Southeast
intersection of Mill Landing Road and t4orris
Neck Road, running a distance of 408.74 feet
along the South side of Mill Landing Road,
running a distance of 510 feet in a Eastern
property line, running a distance of 360 feet
in a Northwesterly direction, running a dis-
tance of 200 feet in a Northerly direction,
running a distance of 217.35 feet in a North-
westerly direction and running a distance of
342.96 feet more or less along the East side
of Morris Neck Road. Said parcel contains
4.51 acres. PUNGO BOROUGH.
Voting: 10-0
Council Menbers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
-32-
Voting: 8-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Acting Mayor J. Henry McCoy,
Jr., Donald W. Merrick, J. Curtis Payne, Roger L.
Riggs
I
Council members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
31-
(ITEM II-H.l.a) ITEM #15243
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
This application was brought back to Council upon Court Order.
Upon motion by Councilman Holland, seconded by Councilman Baum,
City Council voted to APPROVE the rezoning of the application
of DEFORD, LIMIT@-D, from R-5 Residential District to R-8 Resi-
dential District which REAFFIP14S Council's action of 19 November
1979; subject to the conditions as outlined in the City Manager's
letter:
ORDIN@ICE UPON APPLICATION OF DEFORD, Z0680504
LIMITED, FOR A CHANGE OF ZONING DIS-
TRICT CLASSIFICATION FROM R-5 RESI-
DENTIAL DISTRIC-. TO R-8 RESIDENTIAL
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of DeFord, Limited, for
a C@ e 0 Zy; n izotr@ct ClaFsification from R-5
..Ing
@.ti.1 D trycd
Re t R_ 8 Residential District on
certain property located 1870 feet North of Newtown
Road beginning at a point 750 feet more or less Ilest
of the Northe= extremity of Broad Meadows Boulevard,
running a distance of 1494.36 feet along the Southern
property line, running a distance of 2710.61 feet along
the Eastern property line, running a distance of 567
feet along the Northern property line and running a dis-
tance of 3297 feet aiong the Western property line. Said
parcel contains 74.62 acres. BAYSIDE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Sub-
division Ordinance.
2. City water and sewer.. A pump station is
necessary since there is no capacity in the
Broad Meadows pump station.
3. The necessary downstream drainage improvements
and easements are required.
4. The assumption of the cost associated with the
installation of traffic signals at their entrances
onto Newtown Road.
5. A variable right-of-way dedication along Newtown
Road Extended.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of June, 1980.
06/09/80
3 3-
(ITEM II-H.-'.a) ITEM #15244
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
The following appeared in opposition:
Mrs. Joyce Salmon, Back Bay Civic League
Mr. Alan Fulmer, Lago Mar Civic League
Upon motion by Councilman Payne, seconded by Councilman Riggs, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the applications of LAKESIDE CONSTRUCTION CORPORATION for
a Change of Zoning District Classification, as per the following:
ORDINANCE UPON APPLICATION OF LAKESIDE Z0680505
CONSTRUCTION CORPORATION FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
R-3 RESIDENTIAL DISTRICT TO R-6 RESI-
DENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Lakesi(le Construction
Corporation for a Change of Zoning District Classifi-
cation from R-3 Residential District to R-6 Residential
5is-trict on certain property located 755.05 feet East
of Oceana Boulevard beginning at a point 1642.58 feet
North of Princess Anne Road, running a distance of 1261.43
feet along the Western property line, running a distance of
810 feet along the Northern property line, running a distance
of 550 feet in a Southerly direction, running a distance
of 282 feet in a Westerly direction, running a distance
of 320.53 feet in a Southerly direction and running a
distance of 553.69 feet along the Southern property line.
Said parcel contains 18.2 acres. PRINCESS AN@4'E BOROUGH.
Approval is 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. city water and sewer.
3. Participation in the construction of Ferrell Parkway
in accordance with the City's major right-of-way
improvement policy (subject to the conditions out-
lined in W. W. Reasor's letter).
4. An adequate on-site drainage facility will be
required, as well as the necessary downstream
drainage improverients and easements to Canal
No. 1.
06/09/80
34-
5. A minimum drainage easement will be required,
for the major North-South Canal. Width will
be determined by the Engineering Department
of the City of Virginia Beach.
6. No filling of wetlands will be permitted without
the proper permits.
7. The necessary right-of-way dedication for the
proposed Ferrell Parkway as shown on the Master
Street and Highway Plan (subject to the con-
ditions outlined in W. W. Reasor's letter).
8. Letter of Intent from W. W. Reasor concerning
right-of-way dedication, financial participation
in road costs, and density which he has agreed
voluntarily to include in his zoning application.
-@his Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Ninth day of June, 1980.
06/09/80
- 35-
(ITEM II-H.2.a.2)
ORDINANCE UPON APPLICATION OF LAKESIDE Z0680506
CONSTRUCTION CORPORATION FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
B-2 COMMUNITY BUSINESS DISTRICT TO R-6
RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUIICIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Lakeside Construction
Corporation for a Chanae of Zoning District Classifi-
"ty Business District to R-6
cation from B-2 Cormuni
Residential District on certain property located 1340
feet East of Oceana Boulevard beginning at a point
2084.51 feet North of Princess Anne Road, runnina a
distance of 385.51 feet along the Western property
line, running a distance of 1841.67 feet along the
Northern property line, running a distance of 70 feet
along the Eastern property line and running a distance
of 1775.20 feet along the Southern property line. Said
parcel contains 11 acres. PRINCESS ANNE BOROUGH.
Approval is 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. City water and sewer.
3. Participation in the Construction of Ferrell Parkway
in accordance with the City's major right-of-way
improverqent policy (subject to the conditions out-
lined in W. ;q. Reasor's letter).
4. An adequate on-site drainage facility will be required,
as well as the necessary drainage improvements and
easements to Canal No. 1.
5. A @nimum drainage easement will be required, for
the major North-South Canal. Width will be
determined by the Engineering Department of the City
of Virginia Beach.
6. No filling of wetlands will be permitted without the
proper permits.
7. The necessary right-of-way dedication for the
proposed Ferrell Parkway as shown on the Master
Street and Highway Plan (subject to the conditions
in W. W. Reasor's letter).
8. Letter of Intent from lq. W. Reasor concerning
right-of-way dedication, financial participation
in road costs, and density which he has agreed
voluntarily to include in his zoning application.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Ninth day of June, 1980
06/09/80
- 36-
(ITEM II-H.2.a.3)
ORDINANCE UPON APPLICATION OF LAKESIDE Z0680507
CONSTRUCTION CORPORATION FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROti
AG-1 AGRICULTURAL DIS-.RICT TO R-6 RESI-
DENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Lakeside Construction
Corporation for a of Zoning Dlstri ct Classifi-
@r.ge i 0
cation from AG-1 Ag ultural D stri t to R-6 Resi
dential District on certain property located 1520
feet nlore or less East of Oceana Boulevard beginning
at a point 1520 feet more or less East of Oceana
Boulevard beginning at a point 2430 feet more or less
North of Princess Anne Road, running a distance of 1587.03
feet along the Southern property line, running a distance
of 111-0 feet along the Eastern property line, running a
distance of 2117.70 feet along the Northern property
line, running a distance of 550 feet in a Southwesterly
direction and running a distance of 550 feet in a South-
erly direction. Said parcel contains 34.3 acres.
PRINCESS ANNE BOROUGII.
Approval is 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. City water and sewer.
3. Participation in the construction o-@ Ferrell Parkway
in accordance with the City's major right-of-way
improvement policy (subject to the conditions out-
lined in W. W. Reasor's letter).
4. An adequate on-site drainage facility will be required,
as well as the necessary drainage improvements and
easements to Canal No. 1.
5. A minimum drainage easement will be required for
the major North-South Canal. Width will be
deterriined by the Engineering Department of the
City of Virginia Beach.
6. No filling of wetlands will be per@tted without
the proper permits.
7. The necessary right-of-way dedication for the proposed
Ferrell Parkway as shown on the Master Street and High-
way Plan (subject to the conditions in W. W. Reasor's
letter).
8. Letter of Intent from W. W. Reasor concerning right-
of-way dedication, financial participation in road
costs, and density which he has agreed voluntarily
to include in his zoning application.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth dav of June, 1980. 06/09/80
37-
(ITEM II-H.2.a.4)
ORDINANCE UPON APPLICATION OF LAKESIDE Z0680508
CONSTRUCTION CORPORATION FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 AGRICULTURAL DISTRICT TO R-5 RESI-
DENTIAL DISTRICT
BE IT ORDAINED BY THE COUI;CIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Lakeside Construction
Corporation for a Ch Ion
Dlng District Classifi-
cation from AG-1 Ag-r!ncaTtola strict to R-5 Resi-
ntial District on certain property located 3826 feet
more or less East of Oceana Boulevard beginning at a
point 35 feet more or less North of Proposed False Cape
Parkway, running a distance of 1245 feet along the
Western property line, running a distance of 1594.62
feet in a Northeasterly direction, running a distance
of 1294.83 feet in a Southwesterly direction, running
a distance of 596.70 feet in a Northwesterly direction,
running a distance of 975.50 feet in a Southwesterly
direction and running a distance of 330 feet along the
Southern property line. Said parcel contains 26.5
acres. PRINCESS ANNE BOROUGH.
Approval is 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. City water and sewer.
3. Participation in the construction of Ferrell Parkway
in accordance with the City's major right-of-way
ir.iprovement policy (subject to the conditions out-
lined in W. W. Reasor's letter).
4. An adequate on-site drainage facility will be re-
quired, as well as the necessary drainage improve-
ments and easements to Canal No. 1.
5. A minimum drainage easement will be required for the
major North-South Canal. Width will be determined
by the Engineering Department of the City of Virginia
Beach.
6. No filling of wetlands will be permitted without the
proper permits.
7. The necessary right-of-way dedication for the proposed
Ferrell Parkway as shown on the Master Street and High-
way Plan (subject to the conditions in W. W. Reasor's
le tter).
8. Letter of Intent from W. W. Reasor concerning right-
of-way dedication, financial participation in road
costs, and density which he has agreed voluntarily
to include in his zoning application.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virgiflia, on the
Ninth day of June, 1980. 06/09/80
3 8-
(ITEM II-H.2.a.5)
ORDINANCE UPON APPLICATION OF LAKESIDE Z0680509
CONSTRUCTION CORPORATION FOR A CHANGE
OF ZONIIZG DISTRICT CLASSIFICATION FROM
AG-1 AGRICULTURAL DIS-.RICT TO B-2
COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
B--ACH, VIRGINIA, THAT:
Ordinance upon application of Lakeside Construction
Corporation for a Ch loning District Classifi-
cation from AG-1 A7gr!n.ZTtou:a District to B-2
Community-Business District on certain property located
3100 feet more or less East of Oceana Boulevard beginning
at a point 60 feet more or less North of Proposed Ferrell
Cape Parkway, running a distance of 105 feet along the
Western property line, running a distance of 730 feet
along the Northern property line, running a distance of
170 feet along the Eastern property line and running a
distance of 726 feet along the Southern property line.
Said parcel contains 2.3 acres. PRINCESS ANNE BOROUGH.
Approval is 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. City water and sewer.
3. Participation in the construction of Ferrell Parkway
in accordance with the City's major right-of-way
improvement policy (subject to the conditions out-
lined in W. W. Reasor's letter)
4. An adequate on-site drainage facility will be re-
quired, as well as the necessary drainage improve-
ments and easements to Canal No. 1.
5. A minimum drainage easeinent will be required for the
major North-South Canal. Width will be determined by
the Engineering Department of the City of Virginia
Beach.
6. No filling of wetlands will be permitted without the
proper permits.
7. The necessary right-of-way dedication for the proposed
Ferrell Parkway as shown on the Master Street and ifigh-
way Plan (subject to the conditions in W. W. Reasor's
letter.
8. Letter of Intent from W. W. Reasor concerning right-
of-way dedication, financial participation in road
costs, and density which he has agreed voluntarily
to include in his zoning application.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of virginia Beach,
Virginia, on the Ninth day of June, 1980.
06/09/80
- 39-
(ITEM II-H.2.a.6)
ORDINANCE UPON APPLICA-.ION OF LAKESIDE Z0680510
CONSTRUCTION CORPORATION FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATIO@L FROM
B-2 COMMUNITY-BUSINESS DISTRICT TO R-6
RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUIICIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Lakeside Construction
Corporation for a Chan?e o;.SZynin " D Classifi-
cation from B-2 Commu. ty ss Dl:trrlcct to R-6
Residential District on certain property located 145
feet more or less North of Sandbridge Road beginning
at a point 373.39 feet East of the intersection of
Sandbridge Road and Princess Anne Road, running a
distance of 1976.53 feet along the Southern Property
line, running a distance of 35i3.74 feet along the
Eastern property line, running a distance of 783.93
feet in a Northwesterly direction, running a distance
of 201.33 feet in a Northerly direction, running a dis-
tance of 1721.57 feet more or less along the Northern
property line and running a distance of 3640 feet along
the Western property line. Said parcel contains 165.4
acres. PRINCESS ANNE BOROUGH.
Approval is 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. City @iater and sewer.
3. Participation in the construction o@' Ferrell Parkway
in accordance with the City's major right-of-way
improvement policy (subject to the conditions out-
lined ih W. W. Reasor's letter)
4. An adequate on-site drainage facilit@.7 will be re-
quired, as well as the necessary drainaae improve-
ments and easements to Canal No. 1.
5. A minimum drainage easement will be required for the
major North-South Canal. Width will be determined
by the Engineering Department of the City of Virginia
Beach.
6. No filling of wetlands will be permitted without the
proper permits.
7. The necessary right-of-way dedication for the proposed
Ferrell Parkway as shovin on the Master Street and High-
way Plan (subject to the conditions in W. W. Reasor's
letter).
8. Letter of Intent from W. W. Reasor concerning right-
of-way dedication, financial particidation in road
costs, and density which he has agreed voluntarily
to include in his zoning application.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of June, 1980. 0 6/09/80
-4 0-
(ITEM II-H.2.a.7)
ORDINANCE UPON APPLICATION OF LAKESIDE Z0680511
CONSTRUCTION CORPORATION FOR A CHAINGE
OF ZONING DISTRICT CLASSIFICATION FROM
R-4 RESIDENTIAL DISTRICT TO R-5 RESI-
DENTIAL DIS-@RICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIIIIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Lakeside Construction
Corporation for a Ch :ngzio
a af DZon
istng District Classifi
cation from R-4 Resid rict to R-5 Residential
i trict on certain property located 265 feet more or
less North of Sandbridge Road beginning at a point 502.14
feet more or less Northwest of Entrada Drive, running a
distance of 1250 feet along the Southern property line,
running a distance of 1859.88 feet along the Western
property line, running a distance of 595 feet in a
Easterly direction, running around a curve in a South-
easterly direction a distance of 1070 feet more or less
and running a distance of 785 feet along the Eastern
property line. Said parcel contains 47 acres. PRINCESS
ANNE BOROUGII.
Approval is 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. City water and sewer.
3. Participation in the construction of Ferrell Parkway
in accordance with the City's major right-of-way
improvement policy (subject to the conditions out-
lined in W. W. Reasor's letter).
4. An adequate on-site drainage facility will be re-
quired, as well as the necessary drainaae improve-
ments and easements to Canal Ilo. 1.
5. A minimum drainage easement will be required -4or the
major North-South Canal. Width will be determined
by the Engineering Department of the City of Virginia
Beach.
6. No filling of wetlands will be permitted wil-hout the
proper permits.
7. The necessary right-of-way dedication for the proposed
Ferrell P,arkway as shown on the tiaster Street and fligh-
way Plan (subject to the conditions in W. tl. Reasor's
letter).
8. Letter of Intent from W. W. Reasor concerning right-
of-way dedication, financial participation in road
costs, and density which he has agreed voluntarily
to include in his zoning application.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of June, 1980.
06/09/80
-4 1-
Voting: 8- 2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. flolland, Acting Mayor J. Henry McCoy,
Jr., Donald W. Merrick, J. Curtis Payne, and
Roger L. Riggs
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
W. W. REASOR. PHONE @eo., 499.5961
-4 2-
penom Fr&@sto
8 U I L DE RS & DE V EL 0 P E R S
POST OFFICE SOX 62206
5299 GREENWICH ROAD
VIRGINIA BEACH. VIRGINIA 23462
September 21, 1979
Mr. George L. Hanbury
City Manager
Municipal Center
Virginia Beach, Virginia 23456
Re: V. City Council
Dear Mr. Hanbury:
Lakeside Construction Corporation, plaintiff in the above styled suit, makes
the following offer in an effort to reach a reasonable settlement of this matter
with which both parties can be happy.
We have previously given you our proposal to reduce our density by some 200 units
by retaining the R-4 classification adjacent to Lago Mar subdivision, which will
be compatible with their R-4 zoning at Lago Mar, and by reducing some of our R-6
zoning to R-5, which will be compatible with the adjacent Red Mill zoning of R-5,
and by retaining the property adjacent to the existing R-3 zoning in its present
R-3 zoning so it will be compatible likewise.
We further propose to reduce our density by approximately 260 more units by
devoting some 87 acres adjacent to the existing borrow pit on the property of
others to borrow pit purposes, which will provide needed fill sand for needed
public projects, including beach replenishment.
We have further agreed to the reservation of approximately 16 acres as an easement
for canal purposes (land worth hundreds of thousands of dollars) to be dedicated as
the canal is dug and we have reduced density also by devoting approximately 15 acres
of our property to a retention pond which will accept the drainage from downstream
properties as well as our own, thus, benefiting adjacent development. We shall,
likewise, size the culverts under the roads within our subdivision, excluding False
Cape (Ferrell) Parkway, to accommodate such drainage and shall either size the
actual ditch to handle our drainage or will size the ditch to handle drainage for
others, provided the City reimburse us through some credit method.
We shall reserve the requested right-of-way (110') for proposed False Cape Parkway
through our property in generally its present requested location (a reservation of
approximately 12 acres of B-2 zoned property which we value at approximately
$600,000) and will reserve this property for ten years provided the City acquires
the necessary connecting rights-of-way at.both ends of our property within fi@ @
years and commences construction within our reserved property within seven years,
we shall dedicate the 12 acres free and clear without charge to the City.
Comlot Dovelopmwo Corpor@
Lake@ Cowtrxcton Corporat'"
F@ield Develo@ Corporaion
Ho@ Utilities, Incorporated
06/09/80
-4 3-
Page -2-
Mr. George Hanbury
9/21/79
As a final effort, we shall participate with the City in the Cost of construction
of False Cape Parkway within 7 years through our property to the extent of matching
the funds expended by the City from its own funds in the event state ftmds are
received to help fund the project or if state funds are not received to fund the
project, we shall then participate on a $59.60 per linear foot basis. As you know,
presently, in a state funded project the City pays 5% and we would pay up to 21/2%
in a state funded project. Accordingly, we would agree that in a nonstate funded
project for False Cape Parkway within said 7 year period of time we will pay $59.00
per linear foot and in a state funded project we would match the City's cost-up
to 21/2%. In order to give some incentive to the City to acquire the connecting
rights-of-way and begin construction, since the City maintains that False Cape
Parkway is needed for our project, we propose that our participation at $59.00 per
linear foot or up to 21/2%, as the case may be, not be required unless within five
years the City acquire the right-of-way to connect us to General Boothe Boulevard
and begin construction of a least a section of the Parkway from General Boothe
Boulevard through our property at least to Red mill Boulevard.
Obviously, if we reach an agreement along these general terms, same would be
reduced to writing, and when our application came back before the Council for
reconsideration at public hearing our application for the necessary permit for
the borrow pit would be heard simultaneously therewith.
Therefore, in the meantime the suit would remain on the docket with the matter
simply being referred back to Council for reconsideration and in the event that
the rezoning and use permit for the borrow pit were not granted along the lines
contemplated by our general agreement, subject to all of the conditions of our
general agreement, including reservations, dedications, etc., then we would be
free to pursue the matter in court based on the original complaint in the suit
without regard to what has occurred during these negotiations and at the Council
meeting at which the matter would be reconsidered pursuant to this agreement.
We believe that the foregoing constitutes a reasonable, legitimate and appropriate
agreement in the best interestof the entire City and is in the public interest, and
yet at the same time will allow the land owner to make a reasonable, legitimate,
and appropriate use of the property, reducing the density on this project to be-
tween 1.5 and 1.6 dwelling units per gross acre and will result ultimately, if
present City plans come to fruition, of the dedication of 12 acres (Almost a mile)
of False Cape Parkway roadway free of charge which we value at approximately
$600,000 for the B-2 zoning, participation by the developer in the cost of constr-
ucting the roadway and the dedication of some 16 acres without charge for canal
and drainage pruposes, and will provide extremely low density housing in an area
abutted on both sides by comparable or higher density housing.
06/09/80
-4 4-
Page -3-
Mr. George Hanbury
9/21/79
As you know, our trial date is October 4, 1979, and many witnesses are involved,
and the matter will take many days to try. We trust that you will take this matter
to Council by October 1, 1979, and that you can give it your endorsement and that
same can be done expeditiously, bearing in mind that we have at the City's request
continued the pending lawsuit several times before and bearing in mind that the
legitimacy of the City's dedication and cash contribution requirements policy
concerning roadways and other public areas and facilities will not be put to a
test if we can compromise this matter.
Very truly yours,
LAKESIDE CONSTRUCTION CORPORATION
AIAI
W. W. Reasor
President
WWR:pmw
96/09/80
-4 5-
(ITEM II-H.2.b) ITEM #15245
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
The following appeared in odposition:
Mrs. Joyce Salmon, Back Bay Civic League
Dlr. Alan Fulmer, Lago Mar Civic League
Upon motion by Councilman Payne, seconded by Councilman Ferrell,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of LAKESIDE CONSTRUCTION
CORPORATION for a Conditional Use Permit, as per the following;
subject to the conditions outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF LAKESIDE R0680320
CONSTRUCTION CORPORATION FOR A CONDITIONAL
USE PERMIT FOR A BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIIIIA
BEACH, VIRGINIA, THAT:
ordinance upon application of Lakeside Construction
Corporation for a Conditional Use Permit for a borrow
pit on certain property located 3328.97 feet East of
Oceana Boulevard beginning at a point 2150 feet more
or less North of Painters Lane, running a distance of
3146.61 feet along the Southern property line, running
a distance of 627 feet along the Eastern property line,
running a distance of 2370.72 feet along the Northern
property line and running a distance of 2216.97 feet
along the Western property line. Said parcel contains
87 acres. PRIIICESS ANNE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Compliance with Article 2, Section 228 of the
Cor.iprehensive Zoning Ordinance pertaining to
Extractive Industries.
2. The applicant is to submit to the Department of
Public Works, for review and approval, all the
necessary information as indicated in Section 31.2
of the City Code.
3. Upon approval by City Council, and prior to issuance
of an excavation permit, the applicant is to submit
to the Department of Public Worl-,s an Erosion, Sediment
Control and Tree Protection Plan and a surety bond in
amount of $500 per acre or part thereof .@or each acre
to be excavated.
4. Prior to issuance of an excavation permit, the applicant
is to submit a drainage area map and calculations,
including the methods to be used for dewatering. All
water leaving the site shall be run through an approved
erosion and sediment control device.
0 6/09/80
-4 6-
5. The borrow pit operation will be responsible for
continuous water service from the private wells
of adjacent residents.
6. Renewal of the excavation permit after a five (5)
year period.
7. Relocate the proposed recreation area for the
adjacent subdivision outside of the proposed
borrow pit area by raeans of recording an
acceptable subdivision agreement.
This Ordinance shall be ef-@ective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of June, 1980.
Voting: 10-0
Council Members Voting Aye:
john A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
tlayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs
Council Members Voting Nay:
None
Council Merrbers Absent:
Mayor Patrick L. Standing
06/09/80
-4 7-
(ITEM II-H.3.a) ITEM #15246
Mr. Lewis K. Kesser appeared in behalf of his application
Upon motion by Councilman Payne, seconded by Councilman Holland,
City Council voted to uphold the recorninendation of the Planning
Commission and APPROVE the application of Lewis K. Kesser and
Joseph G. Matyiko for a Change of Zoning District Classification,
as per the following; subject to the conditions outlined in the
City Manager's letter. THE APPROVAL IS FOR PARCEL ONE (1) ONLY:
ORDINANCE UPON APPLICATION OF LEWIS K. Z0680512
KESSER AND JOSEPH G. PLATYIKO FOR A
CIIANGE OF ZONING DISTRICT CLASSIFICATIODI
FROM AG-1 AGRICULTURAL DISTRICT TO B-2
COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUTICIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Lewis K. Kesser and Joseph
G. Matyiko for a Change of Zoning District Classification
from AG-1 Agricultural District to B-2 Corimunity-Business
District on parcels located on the East side of North
Landing Road, North of Indian River Road:
Parcel 1: Beginning at the Northeast intersection of
North Landing Poad and Indian River Road, running a
distance of 210 feet along the East side of North
Landing Road, running a distance of 210 feet in a
Southeasterly direction, running a distance of 210
feet in a Southerly direction and running a distance
of 210 feet along the North side of Indian River Road.
Parcel 2: Beginning at a point 299 feet North of Indian
Tive-r Road, running a distance of 341.3 feet along the
East side of North Landing Road, running a distance of
416.1 feet along the Northern property line, running a
distance of 298.9 feet along the Eastern property line
and running a distance of 409.66 feet along the Southern
property line. said parc.el contain5 3.64 acres. PRINCESS
ANNE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Approval is for PARCEL ONE (1) ONLY.
2. Standard improvements as required by the Site
Plan Ordinance.
3. This site is disapproved for septic tank installation.
Business use of property does not qualify for Land
Management Criteria.
4. A dedication of right-of-way 55-feet from the center-
line of the existing 40-foot right-of-way along the
210-foot frontage on Indian River Road (a 35-foot
dedication).
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach on the Ninth
day of June, 1980. 06/09/80
4 8-
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
@layor J. Henry McCoy, Jr., Donald W. Merrick,
Dleyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
tlone
Council Members Absent:
Mayor Patrick L. Standing
0 6/09/80
-4 9-
(ITEM II-H.3.b) ITEM #15247
Attorney H. Calvin spain appeared in behalf of the applicant
Upon motion by Councilman Baum, seconded by Councilman @olland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of THE BANK OF VIRGINIA BEACH for a Change
of Zoning District Classification, as per the following:
ORDINANCE UPON APPLICATION OF THE BANK Z0680513
OF VIRGINIA BEACH FOR A CHANGE OF ZON-
ING FROM A-1 APARTMENT DIS-.RICT TO B-2
COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Bank o-@ Virginia Beach
for a ChaLge ofizoning District Classification from
A-1 Apart nt D str ct to B-2 Comrqunity-Business
District oh certain property located at the Northwest
corner of Holland Road and Rosemont Road, running a
distance of 252 feet along the West side of Rosemont
Road, running a distance of 240 feet more or less
along the Northern property line, running a distance
of 240 feet along the Western property line and run-
ning a distance of 240 feet more or less along the
North side of Holland Road. Said parcel contains 1
acre more or less. PRINCESS MINE BOROUGH
Approval is 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. City water and sewer.
3. Right-of-way improvements will be determined at the
time of site plan review.
4. A vacation of the existing lot lines in order to
avoid the creation of nonconforming lots.
This Ordinance shall be effective upon date ol-r adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of June, 1980.
Voting: 8-0
06/09/80
5 0-
Council Members Voting Aye:
John A. Baum, P. Reid Ervin, Barbara M. Henley
Clarence A. Holland, Acting Mayor J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E.
Oberndorf, and Roger L. Riggs
Council Menbers Voting Nay:
None
Council Merrbers Abstaining:
George R. Ferrell, and J. Curtis Payne (Councilmen Ferrell
and Payne requested to be disqualified due to their
association wit-h the above matter)
Council Mernbers Absent:
mayor Patrick L. Standing
06/09/80
-51-
(ITEM II-H.3.c) ITEM #15248
COUNCILMAN BAUM LEFT CHAMBERS
COUNCILMAN P4ERRICK LEFT CHAMBERS
The applicant submitted a letter expressing his desire to withdraw
this application.
Upon motion by Councilman Payne, seconded by Councilman Riggs, City
Council voted to permit WITHDRAWAL of the application of G/H
Associates for a Change of Zoning District Classification, as per
the following:
Ordinance upon application of G/H Associates for a
Change 0 Zon istrict Classification from A-1
i.tn
ry.D
Apartmen: D t to A-3 Apartment District on
certain property located on the North side of Gunn
Hall Drive beginning at a point 200 feet more or less
East of Oceana Boulevard, running a distance of 373.39
feet along the North side of Gunn Hall Drive, running
a distance of 236.94 feet along the Eastern property
line, running a distance of 279 feet along the Northern
property line, running a distance of 245.77 feet in a
Southwesterly direction, running a distance of 96.41
feet in an Easterly direction and running a distance
of 125.12 feet in a Southerly direction. Said parcel
contains 2,372 acres. PRINCESS ANNE BOROUGH.
Voting: 8-0
Council Members Voting Aye: (for withdrawal)
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Acting Mayor J. Henry 'IcCoy, Jr.
Meyera E. Oberndorf, J. Curtis Payne, and Roger L.
Riggs
Council Members Voting Nay:
None
Council M@ers Absent:
John A. Baum, Donald W. Merrick, and Mayor
Patrick L. Standing
0 6/09/80
-52-
(ITEM II-H.3.d) ITEM #15249
COUNCILMAN BAUM RETURNED TO CHAMBERS
COUNCILMAN MERRICK RETURNED TO CHAMBERS
Attorney V. A. Etheridge, Jr., appeared in behalf of the applicant.
The following appeared in opposition:
l,ir. Gene Estes, resident of area, presented petitions
in opposition to this application. (Petitions will
be made a part of these proceedings).
Mrs. Joyce Salmon, Back Bay Civic League
Mr. Augustus Brown, Jr., resident of Seaboard Road
A letter was received from Mrs. Elizabeth Ealy, Secretary of
the Back Bay Civic League requesting denial.
Councilman Payne made a motion, seconded by Councilman Holland,
to uphold the recommendation of the Planning Commission and APPROVE
the applications of OCEANSIDE ENTERPRISES, INC. , for Changes of
Zoning District Classification.
Councilman Merrick offered a SUBSTITUTE MOTION, seconded by
Councilman Ervin, to DENY the applications of OCEANSIDE ENTERPRISES,
INC., for Changes of Zoning District Classification.
The recorded vote on the SUBSTITUTE MOTION is as follows:
Voting: 4-6
Council Members Voting Aye: (for denial)
F. Reid Ervin, Barbara M. Henley, Donald W. Merrick,
and Meyera E. Oberndorf
06/09/80
-5 3-
Council Members Voting Nay:
John A. Baum, George R. Ferrell, Clarence A. Holland,
Acting Mayor J. Henry McCoy, Jr., J. Curtis Payne, and
Roger L. Riggs
Council Members Absent:
Mayor Patrick L. Standing
The above motion to DENY the application of Oceanside Enterprises,
Incorporated, for Changes of zoning was LOST.
The recorded vote on the MAIN DIOTION is as follows:
Voting: 8-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Acting Mayor J. Henry McCoy,
Jr., Donald W. Merrick, J. Curtis Payne, Roger L.
Riggs
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
06/09/80
-54-
Council Members Absent:
Mayor Patrick L. Standing
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the applications of OCEANSIDE ENTERPRISES,
INCORPORATED, for Changes of Zonl-ng District Classification, as
per the following; subject to the c.nditins as outiined in the
City Manager's letter; AND, including the following condition:
APPLICANT VOLUNTARILY AGREES TO BUILD A
FIFTY-FOOT (50') ROAD IN THE RIGHT-OF-
WAY OR THE SIZE ROAD@REQUIRED BY -@HE
CITY OF VIRGINIA BEACH, RATHER THAN
PUTTING THE TRAFFIC ON SEABOARD ROAD.
ORDINANCE UPON APPLICATION OF OCEANSIDE Z0680514
ENTERPRISES, INCORPORATED, FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 AGRICULTURAL DISTRICT TO R-5 RESI-
DENTIAL DISTRICT (MODIFIED FROM A-1
APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of oceanside Enterprises,
Incorporated, for a Chanqe of Zoning District Classifi-
cation from AG-2 Agricultural District to R-5 Residential
fist-rict (modified from A-1 Apartment District) on certain
property located on the East side of Seaboard Road
beginning at a point 1100 feet more or less North of
Princess Anne Road, running a distance of 50 feet along
the East side of Seaboard Road, running a distance of
400 feet in an Easterly direction, running a distance of
400 feet in a Northerly direction, running a distance of
200 feet in a Westerly direction, running a distance of
1100 feet in a Northerly direction, running a distance of
204.48 feet in a Westerly direction, running a distance of
104.48 feet in a Northerly direction, running a distance of
563.74 feet alonq the Northern property line, running a
distance of 2150 feet along the Eastern property line,
running a distance of 400 feet along the Southern property
line, running a distance of 641.41 feet in a Northerly
direction and running a distance of 200 feet in a Westerly
direction. Said parcel contains 17.16 acres more or less.
PRINCESS ANNE BOROUGH
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Modified to R-5 RESIDENTIAL DISTRICT.
2. Standard improvermnts as required by the Site Plan
Ordinance.
3. City water and sewer. A 16-inch waterline is located
along Princess Anne Road. City s(-wer is not available
at this time. The construction of a pump station is
required.
06/09/ao
-55-
4. Adequate access must be provided to this site.
5. An adequate on-site drainage system with down-
strear,i drainage improvements and easements is
required.
6. The installation of a traffic signal at the
intersection of Princess Anne Road and Seaboard
Road is to be determined by the Traffic Engineer,
or by a traffic count.
7. An 8-foot dedication along Seaboard Road.
8. Applicant voluntarily agrees to build a fifty
foot (50') road in the right-of-way, or the
size road required by the City of Virginia
Beach, rather than routing the traf.4ic onto
Seaboard Road.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Ninth day of June, 1980.
06/09/80
56-
ORDINANCE UPON APPLICATION OF OCEANSIDE Z0680515
ENTERPRISES, INCORPORATED, FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 AGRICULTURAL DISTRICT TO R-5 RESI-
DENTIAL DISTRICT (MODIFIED FROM A-1
APARTMENT DISTRICT)
i3E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Oceanside Enterprises,
Incorporated, for a Chanqe of Zoning District Classifi-
cation from AG-1 Agricul@ural District to R-5 Residential
istrict (modified from A-1 Apartment District) on certain
property located 600 feet East of Seaboard Road beginning at
a point 560 feet more or less North of Princess Anne Road,
running a distance of 1130 feet more or less along the
Southern property line, running a distance of 2146 feet
along the Eastern property line and running a distance of
2150 feet along the Western property line. Said parcel
contains 32 acres more or less. PRINCESS ANNE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Modified to R-5 RESIDENTIAL DISTRICT.
2. Standard improvements as required by the Site
Plan Ordinance.
3. City water and sewer. A 16-inch water line is
located along Princess Anne Road. City sewer
is not available at this time. The construction
of a pump station is required.
4. Adequate access must be provided to this site.
5. An adequate on-site drainage system with down-
stream drainage improvements and easements is
required.
6. The installation of a traffic signal at the
intersection of Princess Anne Road and Seaboard
Road is to be determined by the Traffic Entineer
or by a traffic count.
7. An 8-foot dedication along Seaboard Road.
8. Applicant voluntarily agrees to build a fifty
foot (50') road in the right-of-way, or the
size road required by the City of Virginia
Beach, rather than routing the traffic onto
Seaboard Road.
This Ordinance shall be effective upon date of
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of June, 1980
06/09/80
- 57-
(ITEM rI-H.3.e) ITEM #15250
Upon motion by Councilman Holland, seconded by Councilman Ferrell,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the applications of the CITY OF VIRGINIA
BEACH for Changes of Zoning District Classification, as per the
following:
ORDINANCE UPON APPLICATION OF THE CITY Z0680516
OF VIRGINIA BEACH, VIRGINIA, FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM I-2 HEAVY INDUSTRIAL DISTRICT TO
P-I PRESERVATION DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
OrdinaLnce upon application of the City of Virginia Beach
for a Ch n r
-age Ing Dt.t ipctIC1 ... ification from I-2
Heavy Ynd t@ T:lZoDri tric to _PreservatioF District
on certain property as more particularly described on
maps on file in the Department of Planning. Said parcel
is known as CAMP PENDLETON.
LYNNHAVEN AND PRINCESS ANNE BOROUGHS.
ORDINANCE UPON APPLICATION OF THE CITY Z0680517
OF VIRGINIA BEACH, VIRGINIA, FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-1 AGRICULTURAL DISTRICT TO P-I
PRESERVATION DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of the City of Virginia Beach
for a Chan g Zoning District Classification from AG-1
AgricuTturaT OD!s ti ct to P.-I Preservation Di@trict on
certain property as more particularly described on file
in the Department of Planning. Said parcels are known as
FALSE CAPE STATE PARK, CEDAR ISLAND, LITTLE CEDAR ISLAND
and BUCKLE ISLAND. PUNGO BOROUGH.
ORDINANCE UPON APPLICATION OF THE CITY Z0680518
OF VIRGINIA BEACH, VIRGINIA, FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-8 RESIDENTIAL DISTRICT TO P-I
PRESERVATION DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of the City of Virginia Beach
for a Change of Zoninq District Classification frorft R-8
0 6/09/80
-5 8-
Residential District to P-I Preservation District
on certain property as more particularly described
on maps on file in the Department of Planning. Said
parcel is known as TIDEWATER COMMUNITY COLLEGE.
PRINCESS ANNE AND KEMPSVILLE BOROUGHS.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and
Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
- 59-
(ITEM II-H.4.a) ITEM #15251
Attorney Clifford Love, III, appeared in behalf of the applicant,
and presented petitions which will be made a par@ of these
proceedings.
Upon motion by Councilman Merrick, secondea by Councilman Ervin,
City Council voted to DEFER FOR THIRTY (30) DAYS the application
of Patricia Lunger and Geneva Brown for the closure of a portion
of Sand Pine Road, in the Lynnhaven Borough. (July 14, 1980)
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarenoe A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
0 6/09/80
-60-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET, KNOWN AS SAZID PINE ROAD, AS SHOWN
UPON THAT CERTAIN PLAT ENTITLED, "PLAT OF
SUBDIVISION OF SECTION NO. 5, PART 2,
LYNNHAVEN COLONY, LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VIRGINIA.", WHICH
PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has
been given by Patricia Lunger and Geneva Brown, that they would make
application to the Council of the City of Virginia Beach, Virginia,
on 1 1980, to have the hereinafter described
street discontinued, closed, and vacated; and,
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be dis-
continued, closed, and vacated:
Beginning at a point in the Southern line of
Cape Henry Drive distant 100 feet Easterly
from the dividing line between lots 40 and 41
as shown on that certain plat entitled "Sub-
division of Section No. 5, Part 2, Lynnhaven
Colony, Lynnhaven Borough, Virginia Beach,
Virginia." Scale 1" = 100', June 1967 duly
recorded in the Clerk's Office of the Circuit
Court of Virginia Beach, Virginia, in Map Book
74 at Page 7, which said point is the beginning
of a curve to the right having a radius of 10
feet and running along said curve an arc
distance of 15.71 feet to a point which is the
Southern terminus of said curve; thence running
South 16 Degrees 28 Minutes 09 Seconds East, a
distance of 60 feet to a point which marks the
beginning of a curve to the right having a radius
of 40 feet and running along said curve an arc
distance of 62.33 feet to a point which is the
Western terminus of said curve; thence running
South 73 Degrees 31 Minutes 51 Seconds West, a
distance of 1.14 feet to a point which marks the
beginning of a curve to the left having a radius
of 50, said point is also the Southwesternmost
corner of that portion of Said Pine Road proposed
to be closed, and running along said curve, in an
0 6/09/80
-6 1-
Easterly direction, an arc distance of 36.14 feet
to a point of reverse curve; thence along a curve
to the right having a radius of 50 feet an arc
distance of 78.53 feet to a point marlring the
Southeasternr.iost corner of the said portion of
Said Pine Road proposed to be closed, thence
running in a Northerly-direction along a curve
to the right having a radius of 50 feet an arc
distance of 36.14 feet to the Northern terminus
of said curve; thence running North 16 Degrees
28 Minutes 09 Seconds West a distance of 58.86 feet
to a point which is the beginning of a curve to the
right having a radius of 10 feet and running alonq
said curve an arc distance of 15.71' to the Eastern
terminus of said curve which lies in the Southern line
of Cape Henry Drive; thence running in a Westerly
direction along the Southern line of Cape Henry
Drive; thence running in a Westerly direction along
the Southern line of Cape Henry Drive South 73 Degrees
31 Minutes 51 Seconds West a distance of 70 feet to
the point of beginning.
Said parcel of land being a portion of Sand Pine Road as indicated
on that certain plat of property to be vacated along existing Sand
Pine Road for Patricia Lunger and Geneva Brown.
SECTION II
This Order shall be in effect thirty (30) days after
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
Deferred: June 9, 1980
06/09/80
-6 2-
9 4
LIF@laif2L"44 ?4i-,[4z-)5
(ITEM II-H.4.b) ITEM #15252
COUNCILMAN HOLLAND LEFT CHAMBERS
Upon motion by Councilman Merrick, seconded by Councilman Riggs,
City Council voted to approve the request of Z4r. Thomas B. Langley,
of Langley and McDonald, on behalf of his client, VNB Committee
for Annette Gwathmey, and ADOPT the Ordinance to authorize a
temporary encroachment into a portion of the right-of-way of
Windsor Road to VNB Committee for Annette Gwathmey.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Acting Mayor J. Henry McCoy,
Jr., Donald W. Merrick, meyera E. Oberndorf, J.
Curtis Payne, and Roger L. Riggs
Council Meribers Voting Nay:
None
Council members Absent:
Clarence A. Holland, and Mayor Patrick L.
Standing
06/09/80
6 3-
Requested by Department of Public Works
44 456
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF WINDSOR ROAD TO VNB
COMMITTEE FOR ANNETTE GWATHMEY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof con-
tained in Section 15.1-893, Code of Virginia, 1950, as affended, VNB COMMITTEE
FOR ANNETTE GWATMEY is authorized to erect and maintain a temporary encroach-
nient in the City right-of-way of Windsor Road.
That the temporary encroachment herein authorized is for the
purpose of providing certain shoreline erosion improvements and that such
improvements shall be erected and maintained in accordance with the City of
Virginia Beach Planning Department's specifications and approval as to size,
alignment and location; and
FURTHFR,that such temporary encroachment is more particularly
described as follows:
Beginning at a point of intersection of the southern
line of an unnaued 30' right-of-way, as shown in Map Book
7, Page 144 (which is now known as Windsor Road), and the
westernmost boundary line of said plat, tvence along the
western boundary lines of said plat 30' + to a point in
the northern right-of-way of said unnamee road, thence
along the northern right-of-way of said unnarned road
in an easterly direction 60' or less to a point, thence
normal to the last named course 30' to a point in the
southern line of said unnamed road, thence in a westerly
direction along the southern right-of-way of said unnawed
road 50' + to the point of beginning as shown on "Encroach-
ment Plat of Property of Anne Gwatlyney for Virginia National
Bank Committee," said plat being on file in the Departnent
of Public Works of the City of Virginia Beach, Virginia.
PROVIDED, HOWEVER, that the ternporary encroachment herein
authorized shall terminate upon notice by the City of Virginia Beach to VNB
COMMITTEE FOR ANNETTE GWATHMEY and that within sixty (60) days after such notice
is given, such temporary encroachnent shall be removed from the City right-of-way
of Windsor Road by VNB COMMITTEE FOR ANNETTE GI%IATliMEY, its agents or employees;
06/09/80
44 7
and that VNB COMMITTEE FOR ANNETTE GWATMEY shall bear all costs and
expenses of such removal.
AND, PROVIDED FURTHER, tht it is expressly understood and
agreed that VNB COMMITTEE FOR ANNETTE GWATHMEY shall indemnify and hold harm-
less the City of Virginia Beach, its agents and employees, from and against all
claims, damages, losses and expenses including reasonable attorney's fees in
case it shall be necessary to file or defend an action arising out of the
location or existence of such temporary encroachment.
AND PROVIDED FURTHER, that nothing herein contained shall be
construed to enlarge such permission and authority to pemit the maintenance or
construction of any encroachment other than that specified herein and to the
limited extent specified herein, nor to permit the maintenance or construction
of any encroachment by anyone other than VNB COFMITTEE FOR ANNETTE GWATMEY.
AND PROVIDED FURTHER, that the City of Virginia Beach, upon
revocation of such authority and permission so granted, may remove any such
encroachment and charge the cost thereof to VNB COMMITTEE FOR ANNETTE GWATHMEY
and collect the cost in any rmnner provided by law for the collection of local
or state taxes; may require VNB COMMITTEE FOR ANNETTE GWATFHEY to remove such
temporary encroachwent; and pending such removal, the City may charge VNB
COMMITTEE FOR ANNETTE GWATHMEY compensation for the use of such portion of the
street encroached upon the equivalent of what muld be the real property tax
upon the land so occupied if it were owned by VNB COMMITTEE FOR ANNETTE GWATHMEY;
and, if such removal shall not be made within the time ordered hereinabove by
this ordinance, the City shall impose a penalty in the swn of one hundred dollars
($100.00) per day for each and every day that such encroachrrent is allowed to
continue thereafter, and shal-1 collect such compensation and penalties in any
nEnnerprovided by law for the collection of local or state taxes.
Adopted by'- the Cou'ncil of the City of Virginia Beach, Virginia
on the Ninth day,of 1980.
ONTENT
G@'4ATURE
MES:kg
5/16/$p4
C)"A,@T@,@,ENT
APPC,"@, !r,;o FOR
Certif ied to be a true excerpt from the minute
s
of the City Council of the City of Virginia
Beach, Virginia, of 'June 9, 1 9 8 0 adopted CITY ATTORNEY
June 9, 1980
Diane M. Hickman, Deputy City Clerk 06/09/80
VIRGIN*: in 01 Clerk's Office'l h Cicuit Cou,t of Viginia Beacb..Ia.@dy
L; of. ............... 1 19.. at.. @-I
......... this inst,u.ent w@ eceived and upon tbe
6
6 ce,tilicate o/ acknowledgment the,eto annexed, aditted to eco,d. "The tax imposed by SS58-54.1 o/ the Code,
x bas been paid, in tbe a.ount O/ I...................................... .
a
0
-6 5-
gcov,2C,44 paill- 452
(ITEM II-H.4.c) ITEM #15253
COUNCILMALi HOLLAND RETURNED TO CHAMBERS
Mr. Richard K. Stell appeared in behalf of the applicant
Upon motion by Councilman Payne, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Departrient of Public
Works and APPROVE the Ordinance granting a temporary encroachment into
a portion of the Right-Of-Way of Pine View Avenue to T.C.C. Development
Corporation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
Req@s,ed by Departnent of Public Works -66-
-3
5n
.DV.2C,44 p4ri4i
AN ORDINANCE GRANTING A TUIPORARY
ENCROACHMENT INTO A PORTION OF TIIE
RIGHT-OF-WAY OF PINE VIEW AVENUE TO
T.C.C. DEVELOPMENT CORPORATIOti.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEActi,
VIRGINIA:
That pursuant to the authority and to the extent thereof contained
in Section 15.1-893, Code of Virginia, 1950, as amended, T.C.C. DEVELOPMENT
CORP. is authorized to erect and maintain a temporary encroachment into a
portion of the City right-of-way of Pine View Avenue.
That the temporary encroachment herein authorized is for the purpose
of erecting a comunity identification sion and that said encroachment shall be
erected and maintained in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and location, and
further that such temporary encroachment is more particularly described as
follows:
Beginning at a point on Pine View Avenue in the median
running S 84@-34'-10" E a distance of 35' then turning
S 05@-25'-50" W a distance of 35' then turning S 84@-
34'-10" E a distance of 35' then turning S 05@-25'-50" W
a distance of 35' to the point of beginning as shown on
that i)lat entitled "PINE RIDGE SITE DEVELOPMENT AND
EROSlOt4 CONTROL PLAN" dated September 1, 1977 and on file
in the Departnent of Public Works of the City of Virginia
Beach, Virginia.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to any officer of
T.C.C. DEVELOPMENT CORP. and that within 30 days after such notice is given,
said encroachment shall be removed from the City right-of-wiky of Pine View
Avenue by the T.C.C. DEVELOPMENT CORP. and that the T.C.C. DEVELOPMENT CORP.
shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is exl)ressly understood and aqreed
that the T.C.C. DEVELOPMENT CORP. shall indemnify and hold hannless the Cityof'
Virginia Beach, its agents and employees from and against all claims, damages
losses, and expenses including reasonable attorney's fees in case it shall
be necessary to file or defend an action arising out of the location or
existence of such encroachment.
06/09/80
6 7-
9nUil2L-44 P46i 454
AND, PROVIDED FURTHER, that this ordinanceshall not be in effect
until, such time that the T.C.C. DEVELOPMENT CORP. executes an agreement with
the City of Virginia Beach encompassing the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the Ninthday of June 1980.
MES: kg
4/16/80
A IIT
DEPARTP,4ENT
S@AT
CITY ATT(5RNEY
Certifie.d,.L'o be :true -&@x6@rpt from the Minutes of the City Council
of the City o@',,Vir,girLia Be-ath, Virginia, of June 9, 1980, adopted
4 1
June 9, 1 9,80
Diane M. A,ic,kman,i
0 6/09/80
VIRGINI th"le,k's Ollice ot the Circuit Court of Vigi,ja Beach
... .......... . 19.. at this instrument -@ received and up.n tb@
ce,tificate of ackno.ledgment thereto a,@e@ed, ad@itt@d to record. "The ta@ i.posed by SS58-54- 1 of the Code,
has been paid, in the aount o/ I...........
6 3-
0 R D I N A N C E S S E C 0 N D R E A D I N G S
(ITEM II-I.l.a.1) ITEM #15254
Upon motion by Councilman Ervin, seconded by Acting Mayor McCoy,
City Council voted to APPROVE ON SECOND READING the Ordinance to
accept and appropriate $76,394 from the Department of Housing and
Urban Development, and to transfer existing appropriations upon
receiving approval frorq that Department.
Voting: 10-0
Council M@ers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
klayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Menbers Absent:
Mayor Patrick L. Standing
06/09/80
-69-
APPFZOVED AS TO CONTEN.T
SIGNATURE
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$76,394 FROM THE DEPARTMENT OF HOUSING
DEPARTMENT AND URBAN DEVELOPMENT, AND TO TRANSFER
A@ EDAITOTFORM EXISTING APPROPRIATIONS UPON RECEIVING
7gT @@ 41) APPROVAL FROM THAT DEPARTMENT
@@(4 Yc,@7@T@IR
Cl f Y ATTORNEY
WHEREAS, the City wishes to continue upgrading target neighborhoods
and to retard the pace of deterioration in transitional neighborhoods, and
WHEREAS, the Department of Housing and Urban Development (HUD) has
approved the City's Community Development Block Grant (CDBG) program for those
purposes, and
WHEREAS, HUD approves funding CDBG activities within a particular
program year, upon receiving and approving environmental impact studies for
each activity, and
WHEREAS, the City wishes to begin work on those activities as soon as
HUD approves those environmental impact studies, and
WHEREAS, there is currently $76,394 awarded to the City by HUD, which
the City wishes to appropriate upon receiving approval of the environmental im-
pact studies from HUD, and
WHEREAS, the City wishes to transfer existing appropriations between
activities within the same program year upon receiving approval from HUD.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager be authorized to accept the $76,394 in the fourth
program year for the City, and funds be appropriated for activities approved by
HUD, and
That this ordinance allow existing CDBG appropriations to be trans-
ferred by the City Manager between activities within the same program year upon
receiving approval from HUD.
FIRST READING: May 19, 1980
SECOND READING: -June 9, 1980
Adopted by the Council of the City of Virginia Beach on this Ninth
day of June 1980,
06/09/80
- 70-
(ITEM II-I.l.a.2) ITEM #15255
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin,
City Council voted to APPROVE ON SECOND READING the Ordinance to
appropriate $13,560 as the City share for WHRO-TV Capital
Improvements.
Voting: 10-0
Council Menbers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
71-
AN ORDINANCE TO APPROPRIATE FUNDS
OF $13,560 AS THE CITY SHARE FOR
WBRO-TV CAPITAL INFROVEMENTS
WHEREAS, the educational television station, WHRO-TV, has a
five-year capital improvements program for,technical modernization,
and
WHEREAS, the Virginia Beach School Board has participated in
the first-year of this program by contributing $27,160, and
WHEREAS, this participation was based on the understanding
that the contribution would be a joint venture of the School Board
and City, and
WHEREAS, the School Board is requesting that the City bear a
portion of this expenditure, with a payment of $13,560, as the
Cityls share towards the WHRO-TV capital improvements program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $13,560 be appropriated from
the General Fund Balance to the School Board, as the City share
for WHRO-TV capital improvements.
This ordinance shall be effective from date of adodtion.
Adopted by the Councii of the City of Virginia Beach, Virginia
on the Ninth day of June 19 80
First Reading: May 19, .1980
Second Reading: June 9. 1980
AP@'rl(,-'.;ED AS TO Co@,T@NT
IINEY
0 6/09/80
-72-
(ITEM II-I.I.b.1) ITEM #15256
AN.ORDINANCE TO APPROPRIATE ADDITIONAL
FUNDS FOR THE COMIUNITY MENTAL HEALTH
REHABILITATION UNIT, IN THE AMOUNT OF
$ 6 , 0 0 0
WHEREAS, on March 17, 1980, City Council appropriated
$29,740 for the Community Mental Health Rehabilitation Unit to
be funded by the State Department of Mental Health and Mental
Retardation (SDDIH/MR); and,
WHEREAS, the SDkgi/MR will provide additional funds in
the amount of $6,000 for this purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
-.hat the City Manager is hereby authorized to accept
the additional grant for the City, and funds are hereby appropriated
in the amount of $6,000 for the Community Mental Health Rehabilitation
Unit.
BE IT FURTHER ORDAINED that the appropriations be financed
by $6,000 Estimated Revenue from the SDPIH/MR.
FIRST READING: 9 June 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 1980.
Upon motion by Councilman Payne, seconded by Councilman Holland,
City Council voted to APPROVE ON FIRST READING the Ordinance to
appropriate addition funds in the amount of $6,000 for the
Community Mental Health Rehabilitation Unit.
06/09/80
7 3-
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, and Roger L. Riggs
Council Merqbers Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
Dlayor Patrick L. Standing
06/09/80
-74-
(ITEM II-I.l.b.2) ITEM #14257
AN ORDINANCE TO APPROPRIATE FUNDS OF
$355,000 TO THE DEPARTDIENT OF PUBLIC
WORKS FOR EXPENDITURES OVER BUDGET
WHEREAS, the Department of Public Works, Division of
Highways anticipates that its expenditures will exceed its
approved FY 1980 Budget; and,
WHEREAS, this overrun is due riainly from this year's
snow removal costs; and,
WHEREAS, the total overrun is estimated to be $355,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $355,000 be appropriated
from the General Fund Balance to the Department of Public Works,
Division of Highways in order to cover the Division's FY 1980
expenditures.
FIRST READING: 9 June 1980
SECOND READING:
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
Upon motion by Councilman Holland, seconded by Councilman @lerrick
City Council voted to APPROVE ON FIRST READING the Ordinance to
appropriate funds in the amount of $355,000 to the Department of
Public Works for expenditures over the Budget.
Voting: 10-0
06/09/80
75-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Perrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry.McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Meribers Absent:
Mayor Patrick L. Standing
06/09/80
- 76-
(ITEM II-I.l.b.3) ITEM #15258
Requested by: Finance Department
AN ORDINANCE IMPOSING AND LEVYING A BANK FRANCHISE
TAX FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 1980
AND ENDING DECEMBER 31, 1980, AND FOR EACH CALENDAR
YEAR THEREAFTER, UNLESS OTHERWISE CHANGED BY THE
COUNCIL, UPON THE NET CAPITAL OF EVERY BANK LOCATED
IN THE CITY OF VIRGINIA BEACH AND UPON EVERY BANK
WHOSE PRINCIPAL OFFICE IS LOCATED OUTSIDE THE CITY
OF VIRGINIA BEACH AND WHICH IS LOCATED IN TliE CITY
OF VIRGINIA BEACH A BRANCH OR BRANCHES TliEREOF,
PROVIDING FOR CERTAIN DEFINITIONS AND REPORTS AND
THE ASSESSMENT, COLLECTION AND PAY@IENT OF SUCII TAX,
AND PRESCRIBING PENALTIES FOR ITS VIOLATION, AND
REPEALING ORDINANCE NO. 22 AND ORDINANCE NO. 914
PROVIDING FOR THE TAXATION OF BANK STOCK DATED
JANUARY 1, 1963 AND JANUARY 1, 1979, RESPECTIVELY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Ordinance No. 22, adopted June 1, 1963 and ordinance
No. 914 adopted January 1, 1979 providing for the taxation of bank
stock are hereby repealed and that Division 3. Tax on Bank Stock
under Article IV. PARTICULAR TAXES, of the Code of the City of
Virginia Beach is amended and reordained as follows:
DIVISION 3. TAX ON NET CAPITAL OF BANKS
Section 33-40. Levy of tax upon net capital of banks.
That pursuant to the provisions of Chapter 10.01 of
Title 58 of the Code of Virginia, 1950, as amended, there is hereby
levied and imposed for the calendar year beginning January 1, 1980
and ending December 31, 1980, and for each and every calendar year
thereafter, unless otherwise changed by the Council, upon each bank
located within the Cityof Virginia Beach, a tax on net capital
equaling eighty percent of the State rate of the franchise tax
set forth in Section 58-485.06 of the Code of Virginia, 1950, as
amended.
06/09/80
- 77-
There is also levied and imposed in the same manner and
at the same rate a tax on capital of any bank located within the
boundaries of the City of Virginia Beach which is not the principal
office, but is a branch extension or affiliation of the principal
office, the tax upon such branch shall be apportioned as provided
by Section 58-485.012 of the Code of Virginia, 1950, as amended.
Section 33-41. Definition of "bank" and "net capital".
That for the purposes of this ordinance, the following words
shall have the meanings ascribed to them by this Section:
a. Bank. Shall be d@fined as in Section 58-485.01
Code of Virginia.
b. Net Capital. Shall mean a bank's net capital
computed pursuant to Section 58-485.07 of the
Code of Virginia.
Section 33-42. Filing of bank's return and schedules.
That on or after the First day of January of e ch year,
but not later than March 1 of any such year, all banks whose principal
offices are located within the City of Virginia Beach shall prepare and
file with the Commissioner of the Revenue a return, as provided by
Section 58-485.013 of the Code of Virginia, in duplicate which shall
set forth the tax on net capital corlputed pursuant to Chapter 10.01
of Title 58 of the Code of Virginia. The Commissioner of the Revenue
shall certify a copy of such filing of the bank's return and schedules
and shall forthwith transmit such certified copy to the State
Department of Taxation.
In the event that the principal office of a bank is located
outside the City of Virginia Beach and such bank has branch offices
located within this City, in addition to the filing requirements set
forth above, any bank conducting such branch business shall file with
06/09/80
7 8-
the Commissioner of the Revenue a copy of the real estate deduction
schedule, apportionment and other items which are required by
Sections 58-485.013 and 58-485.014 of the Code of Virginia.
Each bank, on or before the First day of June of eac@i
year, shall pay into the Treasurer's Office of the City all taxes
imposed pursuant to this Ordinance.
Section 33-43. Failure or neglect of bank to comply with Division.
That any bank which shall fail dr neglect to comply with
any provision of this Ordinance shall be fined not less than one
hundred nor more than five hundred dollars, which fine shall be
recovered upon motion, after five days' notice in the Circuit Court
of the City. The motion shall be in the name of the City and shall
be presented by the City Attorney.
That the provisions of this ordinance shall be effective
on Jaunary 1, 1980, upon the adoption of this ordinance.
FIRST READING: June 9, 1980
SECOND READING:
Adopted by the Council of the City of virginia Beach,
Virginia, on the day of 1980.
Upon motion by Coucilman Ervin, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE ON FIRST READING the Ordinance imposing
and levying a bank franchise tax for the calendar year beginning
January 1, 1980 and ending December 31, 1980, and for each calendar
year thereafter, unless otherwise changed by the Council. Upon net
capital of every bank located in the City of Virginia Beach and upon
every bank whose principal office is located outside the City of
Virginia Beach and which is located in the City of Virginia Beach a
branch or branches thereof, providing for certain definitions and
reports and the assessment, collection and payment of such tax, and
prescribing penalties for its violation, and repealing ordinance No.
22 and Ordinance No. 914 providing for the taxation of bank stock
dated January 1, 1963 and January 1, 1979, respectively.
06/09/80
- 79-
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
- 80-
(ITEM II-I.l.c.1) ITEM #15259
The following bids have been received for the Old Coast Guard Station
(3-922):
Piland Cons'-ruction Coinpany, $112,000.00
Inc.
Creech Development Corporation $124,750.00
Carter-Bell Corporation $134,834.00
Professional Builders, Inc. $141,468.00
Bayport Construction Corporation $142,990.00
Hudgins and Adkins, Incorporated $146,900.00
Beach Building Corporation $167,456.00
George Jensen, Incorporated $173,025.00
Apex Building Contractors, Inc. $188,000.00
C. S. Yoder and Company $332,718.00
Architectural Estimate $162,500.00
Upon motion by Councilman Riggs, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the low bid of Piland Construction
Company, Inc., in the amount of $112,000.00 for the Old Coast
Guard Station at 24th Street and Atlantic Avenue; AND, further
authorized the City Manager to enter into the necessary agreements
for the implementation of this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Merqbers Voting Nay:
None
Council Meribers Absent:
Mayor Patrick L. Standing
0 6/09/80
- 81-
(ITEM II-I.l.c.2) ITEM #15260
The following bids have been received for the Lynnhaven Colony
Phase 3, Section 2, Sanitary Sewer Facilities Project:
W. R. Hall, Jr., Contractor $223,506.00
ZI. E. Wilkins, Incorporated $232,188.00
Utility Builders, Incorporated $238,094.90
Vico Construction Corporation $251,228.36
Floyd B. Smith Contracting, Inc. $255,239.40
Inner-View, Limited $264,966.05
Suburban Grading and Utilities, Inc. $271,311.00
Carter-Bell Corporation $274,363.00
Basic Construction Company $315,811.00
A & W Contractors, Incorporated $331,509.50
Upon motion by Councilman Merrick, seconded by Councilman Ervin,
City Council voted to APPROVE the low bid of W. R. Hall, Jr.,
Contractor, in the amount of $223,506.00, for the Lynnhaven
Colony Phase 3, Section 2, Sanitary Sewer Facilities Project;
AND, authorized the City Manager to enter into the necessary
agreements to iliplernent this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
- 82-
(ITEM II-I.l.c.3) ITEM #15261
The following bids have been received for the Woodhurst and Thunderbird
Drive Sanitary Sewerage Facilities Project:
Utility Builders, Inc. $110,558.75
11. E. Wilkins, Inc. $115,546.00
Suburban Grading and Utilities
Incorporated $136,318.00
Inner-View, Limited $146,361.00
Vico Construction Corporation $147,430.71
Floyd B. Smith Contracting,
Incorporated $149,266.06
Basic Construction Company $150,940.00
W. R. Hall, Jr., Contractor $161,528.00
Carter-Bell Corporation $163,588.00
Oliver Septic Tank and
Swimming Pool Corporation $163,661.00
A. & W Contractors, Inc. $189,705.70
Engineer's Estimate $180,000.00
Upon motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to APPROVE the low bid of Utility Builders, Inc., in
the amount of $110,558.75 for the Woodhurst and Thunderbird Drive
Sanitary Sewerage Facilities Project; AND, authorized the City Manager
to enter into the necessary agreements to implement this project.
Voting: 10-0
Council Me@ers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. lierrick,
Dleyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs
Council Mernbers Voting Nay:
None
Council Menbers Absent:
Idayor Patrick L. Standing
06/09/80
83-
(ITEM II-I.2.b) ITEM #15262
Upon motion by Councilman Ervin, seconded by Councilman Merrick,
City Council voted to APPROVE the Ordinance to amend and reor?dain
Chapter 11 of the Code of the City of Virginia Beach pertaining
to dance halls.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs
Council Members Voting Nay:
None
Council meribers Absent:
klayor Patrick L. Standing
06/09/80
84-
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 11 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO DANCE HALLS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 11 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained as follows:
Section 11-1. Definition of "Public Dance Hall."
For the purpose of this chapter, the term "public dance hall"
shall be taken to mean any place open to the general public where dancing is
permitted to which an admission fee is charged or for which compensation is
in any rmnner received, either directly or indirectly, by cover charge or
otherwise, or where refreshwents or food, or any form of merchandise are
served for compensation before, during or after dancing; provided, hovever,
that a restaurant licensed under Sections 4-98.1 and 4-98.2 of the Code of
Virginia to serve food and beverages having a dance floor with an area not
exceeding ten per centum of the total floor area of the establishment shall
not be considered a public dance hall. The sale of any refreshments, food
or any form of merchandise at any such place or the exhibiting of such for
sale shall be deemed compensation for any such dance hall within the meaning
of this section.
Section 11-2. Repealed.
Section 11-3. Repealed.
Section 11-4. Required.
Any person desiring to operate a public dance hall in the city shall
first obtain from the city manager a pennit to do so. Any person who shall
operate a public dance hall in this city without first obtaining the proper
permit shall, upon conviction thereof, be ptiR@shed-as-proy@ded-4m-seet4on
;0-4 guilty of a class III misdemeanor.
06/09/80
Section 11-11. Perm@594efq- New Pemit for change in ownership, etc.
of public dance hall.
The ownership, management or location of a public dance hall
shall not be changed without perm*s&49R-of obtaining a new permit from
the city manager.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the Ninth
day of June 1980.
APF NT -UIT-s
APPROVED AS
IGN@TUR
CITY ATTO;
MES:kg
3/13/80
06/09/80
- 86-
(ITEM II-I.2.c) ITEM #15263
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the ordinance to amend and reordain
Chapter 34 of the Code of the City of Virginia Beach pertaining to
taxicabs and for-hire cars.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
06/09/80
Re4uested by: Chief of Police -87-
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER
34 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO TAXI CABS AND FOR-HIRE
CARS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 34 of the Code of the City of Virginia Beach,
Vir,ginia, is hereby amended and reordained as follows:
Section 34-6. Persons to whom grant prohibited.
No certificate of public convenience and necessity, as referred
to in section 34-7,shall be granted to a person under twefl:ty-eme-@244
eighteen (18) years of age or to a person who is not morally or mentally fit
to receive the same or who has been a repeated and persistent violator of the
traffic and safety provisions of this Code and other ordinances of the city.
Section 34-8. Application generally.
Any person desiring a certificate of public convenience and
necessity as required in section 34-7 shall neke application therefor to
the city council in writing upon a form approved by the city manager, or his
duly authorize agent, giving the name, age, Paee and residence of the applicant
and such infonnation as is required as to the make, description and condition
of the vehicle proposed to be operated and as to the character and responsibility
of the applicant.
Section 34-21. Repealed.
Section 34-22. Repealed.
Section 34-25. Repealed.
Section 34-30. Repealed.
Section 34-44. Causes for revocation or suspension.
A public vehicle driver's permit issued under this article may
be revoked or suspended by the chief of police for any of the following causes:
(1) Failure to report any accident as required by law.
06/09/80
8 8-
(2) Repeated and persistent violations of state law relative
to traffic or of this Code and other ordinancesof the city relative to
traffic.
(3) Conviction'of any felony.
(4) Suspension or revocation of state operator's or chauffeur's
license.
(7) Falsification of the application for a public vehicle driver's
pemi t.
(8) Failure to cornply with any provisions of this chapter.
This ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1980.
CONTENTS
APPROVED AS To r
@l @AT.
CITY ATTC
MES:kg -
3/13/80
06/09/80
89 -
0 L D B U S I N E S S
(ITEM II-J.1) ITEM #15264
City Council deferred consideration of the appointments to Boards
and Commissions until the Council @leeting of 16 June 1980.
(ITEM II-J.2) ITEM #15265
Upon motion by Councilman Baum, seconded by Acting Mayor McCoy, City
Council voted to APPROVE the Ordinance to amend and reordain Section
22-152 of the Code of the City of Virginia Beach pertaining to hours
during which Article is applicable, regarding the parking on Atlantic
Avenue.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Playor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and J. Curtis Payne
Council Members Voting Nay:
Roger L. Riggs
Council menbers Absent:
Mayor Patrick L. Standing
06/09/80
-90-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 22-152 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO HOURS DURING WHICH ARTICLE IS
APPLICABLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 22-152 of the Code of the City of Virginia Beach
is hereby amended and reordained as follows:
Section 22-152: Hours during which article is applicable.
The provisions of this article shall apply to parking only between
the hours of 8:00 a.m. and 6:00 p.m. except as herein provided and on days
other than federal and state legal holidays and Sundays. Should Christmas
Day or the Fourth of July in any year fall on Sunday, the Monday following
shall be taken as the holiday for the purpose of this article. Provided,
however, that in order to promote the safety of persons traveling on the
roads and streets of this city the provisions of this article shall not
apply to the parking meter zones on the West side of Atlantic Avenue between
5th Street and 25th Street. Parking in this zone shall be prohibited from
10:00 p.m. till 12:00 noon, however, commercial loading and unloading will be
permitted in the restricted areas from 6:00 o'clock in the morning until
12:00 o'clock noon with no loading or unloading after 12:00 noon.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach on the
Ninth day of June 1980
MTS
JDB APPROVTD AS TO CONTtt4T
6-5-80
06/09/80
-9 1-
(ITEM II-L.) ITEM #15266
The City Manager notified Council of the rate increase in the City
health play by Blue Cross/Blue Shield. Below is the listingfo-r the
new rates:
Total Employee Share
New city
a@te Share New Previous
Subscriber $ 46.08 $38.72 $ 7.36 $ 4.98
Subscriber and
One 65.32 38.72 26.60 23.14
Family 104.80 38.72 66.08 60.80
Medicare Supple-
ment 28.88 28.88 - -
ITEM #15267
Councilman Plerrick made reference to a letter received from llrs.
Charleen Hoyt regarding violations to the Minimum Housing Code
by neighbors living at 3545 Wayne Street, Princess Anne Plaza.
ITEM #15228
Upon motion by Councilman Baum, seconded by Councilman Holland, and
by ACCLAMATION, the meeting adjourned at 5:30 p.m.
5i-ane M. Hickman, Deputy City ClerF,
A
Ruth Hodges Smith, City Clerk Acting r"j. y M@(,@Jr.
City of Virginia Beach,
Virginia
9 June 1980
h
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