OCTOBER 28, 1978
CITY OF VIRGINII REACI
MUNICIPAL CENTER
CR.A.%t t'ity" VIRGINIA BEACH, VIRGlt4lA 23456
MAYOR PATRICK L. STANDING, At L.,g, CLARENCE A. HOLLAND, M.D., B.y@id@ B .... gb
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,,ill, B .... gb DONALI) W. MERRICK, Ly-h.,@. B.... gh
JOHN A. BAUM, Bi.,k..t@, B.,..gh MEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, At L.,g@ J. CURTIS PAYNE, P,i.,@,, A..@ B--- gb
GEORGE R. FERRELL, At L.,g. ROGER L. RIGGS, Vigi.i. B@.@b B.,..gb
BARBARA M. HENLEY, P.@g. B.,..gh RICHARD 1. WEBBON,.City Cl@,k
A G E N D A
The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration
Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 5:30 p.m.,
on Monday, October 23, 1978, for the purpose of conducting public business and will hear and
act upon the following items:
1. Call to order by the Honorable Patrick L. Standing, Mayor, in the Council Conference Room.
2. Roll Call of the Council.
3. Motion to recess into Informal Discussion and Executive Session. Upon conclusion of the
Executive Session, City Council will reconvene in the City Council Chambers.
4. Invocation will be given at 7:00 p.m., by the Reverend Robert Eason, Scott @lemorial United
Methodist Church, Virginia Beach, Vir@.inia. Please remain standing for the Pledge of
Allegiance.
5. Roll Call of the Council.
6. Minutes of the Regular Meeting of October 9, 1978 to be presented for acceptance and
approval.
a. Minutes of the Regular Meeting of October 16, 1978 to be presented for acceptance
and approval.
7. 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.
a. Letter from the City Manager recommending that City Council approve on first reading
an ordinance to accept a grant totalling $85,000 from the Department of Health,
Education, and Welfare and to appropriate these funds.
b. Letter from the City Manager reconmending that City Council approve on first reading
an ordinance to accept a grant for $25,000 from the Virginia Department Of Commerce
and to appropriate these funds.
C. Letter from the City Manager recommending that City Council approve on first reading
an ordinance to appropriate funds for "An Ecological Approach to Early Detection
and Treatment of Behaviorally Distrubed Children" Program. Tbe award is in the amount
of $39,862.
d. Letter from the City Manager recommending that City Council accept the low bid of
Layne - Atlantic Company, in the amount of $94,363, for the City of Virginia Beach
Monitoring Well Program (two observation wells), and authorize the City Manager to
enter into the necessary agreements in order to implement this project.
e. Letter from the City Manager recommending that City Council approve on first reading
an ordinance to appropriate funds for the construction of addition@l.pag@ing spaces
at the old City Jail site. The estimated appropriation would be 3 3 .
f. Letter from the City Manager recommending that City Council approve on first reading
an ordinance to provide an additional Account Clerk position to the Print Shop Working
Capital Fund. The amount of the appropriation would be $4,815.
g. Letter from the City Manager recommending that City Council approve on first reading
an ordinance to appropriate $1,423 as Virginia Beach share to support the Tidewater
Chapter of the Urban League for one year.
h. Letter from the City Manager recommending that City Council approve a resolution
which requests the Planning Commission to forward to the City Council their recommen-
dation on whether the final action on subdivision variances should remain with the
Planning Commission.
i. Letter from the City Manager recommending that City Council approve the following Bin@.o/
Raffle permit:
Bingo/Raffle Catholic Daughters of America (Renewal)
8. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the petitions of Dean S. Potter, Gordon B. Potter, and John Ray Potter for
changes of zoning from R-4 Residential District to A-2 Apartment District on a 4-acre parcel
and from R-5 Residential District to A-2 Apartment District on a 25.302-acre parcel. These
two undeveloped sites are located west of First Colonial Road, between Old Donation Parkway
and Wildwood Drive (Lynnhaven Borough).
9. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the followin.@ ordinances:
a. An ordinance to amend and reordain Article 6, Section 605 of the Comprehensive
Zoning Ordinance pertaining to off-street parkin@. regulations.
b. An ordinance to amend and reordain Article 8, Section 805 of the Comprehensive
Zoning Ordinance pertaining to off-street parking regulations.
C. An ordinance to amend and reordain Article 9, Sections 905 and 915 of the Compre-
hensive Zoning Ordinance pertainin@. to off-street parking requirements.
d. An ordinance to amend and reordain Article 10, Section 1005 of the Comprehensive
Zoning Ordinance pertaining to off-street parking requirements.
e. An ordinance to amend and reordain Article 15, Section 1505 of the Comprehensive
Zoning Ordinance pertaining to off-street parking requirements.
10. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the petition of Fine & Salzberg, lncorporated, for the closure of a portion
of Fourth Street and Vine Street, subject to the stipulations outlined in his letter.
Lynnhaven Borough.
11. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the petition of Tidewater Imports, Inc., for the closure of an unnamed street
(Cranston Lane), subject to the stipulation outlined in his letter. Lynnhaven Borough.
12. Letter from the City @lanager transmitting the recommendation of the Planning Commission
for approval of the petition of Melville C. Wood, Jr., Inez H. Wood, and Eleanor F. Dyas,
for the closure of a portion of Admiral Street subject to the stipulation outlined in his
letter. Lynnhaven Borough.
13. Letter from the City Manager recommending that City Council rescind its actions of
August 21, 1978 in which they voted to accept the low bid of Gavco Corporation in the amount
of $1,741,200 for the Columbus Street Pump Station, Division I, and authorized the City
Manager to enter into the necessary agreements for tlie implementation of this project,
and accept the second low bid of W. M. Meredith, 11, Inc., in the amount of $1,771,000 and
authorize the City Manager to enter into the iiecessary agreements for the implementation of
this project.
14. Letter from the City Manager recommending approval of a resolution authorizing the issuance
and sale of $19,900,000 General Obligation Water and Sewer Bonds, Series of 1977B, of the City
of Virginia Beach, Virl-inia, heretofore authorized, and providing for the form, details and
payment thereof.
15. Old business, deferred frori the previous meeting including any report of the Mayor or
Committees named by Council.
a. Mr. L. T. Branche, President, Parking Lot Maintenance Company, will appear before
City Council in regard to contracts for the servicing of tennis courts.
16. New business, including any presentations by Council Members, Citizens and Organizations.
17. motion for adjournment.
MINUTES OF THE HOTJORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
October 23, 1978
TI-ie regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in
the Conference Room, in the Administration Building, on Monday,
October 23, 1978, at 5:30 p.m.
Council Members present: John A. Baum, F. Reid Ervin, Councilwoman
Barbara M. Henley, Clarence A. Holland, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riqgs, and Mayor Patrick L.
Standing
Council Members absent: George R. Ferrell, Vice Mayor J. Henrv
McCoy, Jr., and Donald W. Merrick
ITEM 412867
Mayor Standing entertained a motion to permit Council to conduct an
informal meeting to be followed by an executive session for the pur-
pose of discussing the following:
1. Discussion concerninu the prospective business or
industry where no previous announcement had been made
of the business or industry's interest in locating in
the connunity.
2. Investina of public funds where competition or
bargaining are involved where, if made public initially,
the financial interest of the governing unit would be
adversely affected.
3. Consultation with legal counsel and briefing by
staff members, consultants, or attornevs pertaining
-@o actual or potential litigation, or other legal
matters within the jurisdiction of the public body.
On motion by Councilman Baum, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
DI. Henley, Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J.
Ciirtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing
@,lays: rione
Absent: Councilmen George R. Ferrell, Vice Mayor J. Henry McCoy,
Jr., and Donald W. Merrick
City Council voted to proceed into tlie executive session following
the informal discussion.
ITEM #12868
Mayor Standing in-'roduced Mr. Herbert L. Smith, Ill, President of
the Virginia Beacia Development Council.
Mr. Smith indicated to Council that the following were active members
of the Study Committee on Pari-Mutuel Racina:
Chairman Mr. J. Benjamin Wriglit, Va. Beach Developrqent Council
Mr. James Owens, Pembroke Realty Corporation, Virginia
Beach Development Council
Mr. E. R. Cockrell, Jr., Division of Agriculture,
Virginia Beach Development Council
Mrs. Laura Laribe, Laura Lambe Advertising, Virginia
Beach Development Council
Lt. Cdr. Pat Lee, Representing Captain Dwight Agnew,
Dam Neck Naval Traininu Station
Mrs. 14ary Russo, Representing Virginia Beach
Citizenry
Mr. George R. Schell, Schell Supply Corporation,
Representing Virginia Beach Chamber
of Commerce
Mr. Giles G. Dodd, Director of Finance, City of
Virainia Beach
Mr. Smith indicated that this study was at the request of Council, and
was done on the basis of updating the "Report on a Study of Pari-Mutuel
Racing in the City of Virginia Beach" by the Development Council in
January, 1971.
From a tliorough review of many documents, studies, and articles in
newspapers and magazines the cormiittee reached the following conclusions:
1. Crime related to pari-mutuel wagering in other states
is not considered to be a problem and under the very strict
proposed Virginia Code it will not be a problem in Virginia
Beacli.
2. Acceptance of legalized gambling by the American public
is almost universal. The vast ma@lority of the public engaged
in some type of wagering be it horse racing, dog racing, binco,
casino, sporting events, etc., and they look upon this type of
betting as recreational.
3. Waaering on pari-inutuel tracts is largely by mature aciults
of above average financial status and does not have a deleterious
effect on their family life.
4. In view of tax revolts, either accomplished or pending,
against property taxes, some new form of local revenue is
needed. The committee believes a track in Virginia Beach
would bring in sufficient net revenue to help in the containrient
of local property tax.
It is estimated that the revenue provided by racincr nationally "amounts
to about" $600,000,000 annually. This revenue buiids schools, elderly
pensions, finances agricultural fairs, reduces local taxes, and otherwise
benefits the community while keeping billions of dollars in circulation.
The revenues associated with pari-mutuel betting in the City can be
classified as either direct or indirect. Unlike projections prepared
during the early 1970's, the parameters of the proposed pari-mutuel
betting law result in revenues to every city and county in Virginia,
regardless of the location of the racetrack. However, the location
of the racetrack will result in some direct revenues for the City in
which the racetrack is located that would not accrue to other localities
via the local admissions tax.
Direct revenues include the following:
1. Admissions tax
2. Share of mutuel income
3. Property tax
4. Sales tax on horses claimed
5. Restaurant tax
Indirect revenues are defined as those revenues that cannot readily
be estimated or projec-led at this tipic. Ill includes the following:
1. Tourism
2. Employment
3. Business
4. Construction
ITEM #12869
The City Manager introduced Mr, Donald Budlong, State Office of
Commerce and Resources, who briefed Council on the Virginia Coastal
Resource Manageinent Program. Mr. Budlong introduced Mr. George Dawes
Virginia Institute of Marine Science and Mr. Keil Dureks, Marille
Resources Commission.
Mr. Dureks outlined some of the recommendations as they now stand.
The ordinance will be patterned after the Virginia Wetlands Laws,
so there will be a great deal of flexibility in the decision making.
There has been a proposed definition draftect by the Virqinia Institute
of Marine Science. "Primary sand dune is a mound of unconsolidated
soil, the seaward side is contiguous to the upper limits of the Wetlands,
the landward and lateral limits are markeci by a chanqe in the grade from
10% or greater to less than 10%."
The following is a list of structures which can be permitted under
the proposed ordinance:
1. Construction of non-commercial walkways
2. Construction of observation platforms
3. Planting beach grass
4. Placement of sand fences
5. Sand replenishrient
6. Non-commercial outdoor recreational activities
The exempted activities would be only those activities for which
buildina permit or a construction authorization had to be issued.
The appeals procedure would be through the Marine Resources Commission
through the courts.
ITEM #12870
The City Manager distributed to the Council the new City Code Index.
It was prepared by a City employee as a special project.
ITEM #12371
The City 14anager indicated that a resolution was on the formal agenda
reQarding the sale of General obligation water and sewer bonds; and
requested Council to have a special meeting on November 15, 1978, at
12:00 Noon to receive the bids on the sale of the bonds.
ITEM #12872
The City Manager informed Council that the Public Works appropriation
bill has been approved with modifications. Included in the bill is
the $200,000 for the hurricane protection project on the beach front
and included in that project the extension of the jetties at Rudee
Inlet, and the study for the Corps of Engineers to take over the
maintenance of Rudee Inlet.
ITEM #12873
At 7:00 p.m., City Council reconvened in the Council Chambers with
the following members present:
John A. Baum, F. Reid Ervin, Councilwoman Barbara M. Henley, Clarence
A. Holland, Vice Mayor J. Ilenry McCoy, Jr., Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council M@ers absent: George R. Ferrell and Donald W. Merrick
The invocation was given by the Reverend Robert Eason, Scott Mer@lorial
United Methodist Church, followed by the Pledge of Allegiance.
ITEM #12874
On motion by Councilwoinan (Yoerndorf, seconded by Councilman Daum,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patriclc ". Standing.
Nays: None
Absent: Councilmen George R. Ferrell, and Donald ;I. Merrick
City Council voted to approve the minutes of the regular meeting of
October 16, 1978, with corrections, and dispensed witli the reading
of said minutes inasmucli as each member liad a copy:
Item #12850 - Tax refunds - entire ordinance needs
to show - has been corrected in the
original minutes
Item #12863 - should read - City Attorney prepare an
affadivit form, not prepare an ordinance.
Has been corrected in the orginal minutes
ITEM #12875
On motion by Councilwoman Oberndorf, seconded by Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum'F. Reid Ervin, Councilwoman Barbara
M. lienley, Clarence A. Holland, Vice Mayor J. Henry McCov, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, and Donald W. 14errick
City Council voted to approve the minutes of tlie regular meetinc, of
October 9, 1978, and dispensed with the reading of said minutes
inasmuch as each Menber had a copy.
ITEM #12876
On motion by Councilwoman Oberndorf, seconded by Mavor Standing, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Ilenry McCoy, Jr.,
Councilwoman Mevera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Dlays: None
Absent: Councilmen George R. Ferrell, and Donald W. 14errick
City Council voted to approve the following correction to the minutes
of September 25, 1978, item #12771 - application of Katie Brown Drive
street closure:
Should read - "Tlie area proposed for closure
be utilized for parking purposes only.
ITEM #12877
Mayor Standing introduced -@he niaht school government class at
Princess Anne High School.
ITEM @12878
Ms. Pattie Terry appeared before Council and presented a Certificate
of Recognition to Councilwoman Oberndorf selected by Alpha Delta
Kappa as outstanding woiqan in Virginia Beach for 1978, for her
outstanding service to the City of Virginia Beach.
ITEM #12879
Mayor Standing reminded everyone that the curfew on Halloween is
9:00 p.m. for trick or treaters.
ITEM #12880
On motion by Councilman Payne, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice '4ayor J. Henry McCoy, Jr.,
Councilwoman Me'7era E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
I
and Mayor Patrick L. Standing
Nays: None
Absent: Councilrqen Georqe R. Ferrell, and Donald W. Merrick
City Council voted to approve the following consent agenda, items
7a through 7i:
ITEM 412881
on motion by Councilman Payne, seconded by Councilwoman Oberndorf
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Ilolland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. -otanding
@iays: None
Absent: Councilnen George R. Ferrell, and Donald W. Merrick
City Council voted to approve on first reading the following ordinance
to accept a grant totaling $85,000 from the Del)artment of Health,
Ecluca'lion and Welfare and to appropriate th(ase funds:
AN ORDINANCE TO ACCEP'R A dk&@t
TOTALLING @85,060 FROM THt Ot'PART-
MENT OF HEALTH, EDUCATION; AND WEL-
FARE AND tO AtPkOPRIATE TgtS@
FUNDS
WHERE&S, the City of Virginia Beach iaslies to supplement current
services provided by the Virginia teach Depattmeffi of Social Services to abused
and neglected children; and
WHEREAS, the Department of Health, Edu6ation, and Welfare (HEW)
has approved necessary funding to establish a Child,Protective Services
Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINT.A:
That an award from HEW be accepted and appropriated for the
following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
Child Protective Services $85,000 $85,000
That the appropriations will be financed by $85,000 estimated revenue
from HEW.
FIRST READING: October 23, 1978
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1 1978.
ITEM 412882
On motion by Councilinan Payne, seconded by councilwoman Oberndorf,
and by recorded vote as follows:
Ayes; Councilmen John A. Baum, F. Reid Ervin, Counci1w.orlan Barbara
M. flenley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
P ger L. Riggs,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, o
and Mayor Patrick L. Standing
Nays: None
Absent: councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to approve on first readina the followina ordinance
to accept a grant for $-L5,000 from the Virginia Department of Commerce
and to appropriate these funds:
AN ORDINANCE TO ACCEPT A GRANT
FOR $25,000 FROM THE VIRGINIA
DEPAP,TMENT OF COMMERCE AND TO
APPROPRIATE THESE FUNDS
WHERE&S, the City of Virginia Beach wishes to identify potential
access ways to the City's many miles of beachfront; and
WHEREAS, the City wishes to have prepared a physical'design for
the construction of a pedestrian access mall adjoining the relocated
Coast Guard Station; and
WHEREAS, the Virginia Department of Coumerce has approved necessary
funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BFACH, VIRGINIA:
That an award from the Department of Commerce be accepted and
appropriated for the following purpose:
Estimated Revenue Total
From Other Agencies
Waterfront Access
Program $25,000 $25,000
That the appropriations will be financed 100% by funds from the
U. S. Office of Coastal Zone Management, thru the Department of Cormaerce.
FIRST READING: -October 23, 1978
SECOND READING:
ITEM #12883
On motion by Councilman Payne, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baun, F. Reid Ervin, Councilwbman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: 14one
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to approve on first reading the following ordinance
to approldriate funds for "An Ecological Approach to Early Detection
and Treatment of Behaviorally Disturbed Children" Program. The award
is in the amount of $39,862:
AN ORDINANCE TO APPROPRIATE FUNDS
FOR "AN ECOLOGICAL APPROACH TO FARLY
DETECTION AND TREATMENT OF BEHAVIORALLY
DISTURBED CHILDREN" P.ROGRAM
WHEREAS, the Department of Mental Health and Mental Retardation
desires to identify accurately incipient delinquency in young children, and
WHEREAS, programs of early detection and intervention, are less
costly in dollars and buman resources than programs applied later in the
cycle of delinquency, and
.WHEREAS, the State Department of Mental Health and Mental
Retardation has approved an award, which is being funded by a State Division
of Justice and Crime Prevention block grant, in the amount of $39,862, for
this purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BE&CH, VIRGINIA:
That the City Manager is hereby authorized to accept the grant
for the city, and funds are hereby appropriated for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
An Ecological Approach
to Early Detection and
Treatment of Behaviorally
Distur@ed Children .$39,862 $3@@l
BE IT FURTHER O.RDAINED that the appropriations will be financed
by $39.862 estimated revenue from tbe State Department of Mental Health
and Mental Retardation.
FIRST READING: October 23, 1978
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1978.
ITEM #128S4
The following bids were received for the City of Virginia Beach
Monitoring Well Program (two observation wells):
Layne Atlantic Company $ 94,363.00
Sydnor Hydrodynamics, Inc. 99,620.00
DelmarvA Drilling Company 144,250.00
Engineer's Estimate $ 95,000.00
on motion by Councilman Payne, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoman ileyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to approve the low bid of Layne - Atlantic Company,
in the amount of $94,363.00, for the City of Virginia Beach's
Monitoring Well Program (two observatioli wells); and further authorized
the City Manager to enter into the necessary agreements in order to
implement this project.
ITEDII #12885
on motion by Councilman Payne, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Ilolland, Vice Mayor J. Henry McCoy, Jr.,
Councilwomat Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Absent: Couiicilmen George R. Ferrell, and Donald W. Merrick
City Council voted to approve on first readin4 the following ordinance
to appropriate funds for the construction of addi-lional parking spzices
at the old City Jail site. The estimated appropriation would be $38,367:
AN ORDINANCE TO APPROPRIATE FUNDS FOR
THE CONSTRUCTION OF ADDITIONAL PARKING
SPACES AT THE OLD CITY JAIL SITE
WHEREAS, there is presently an inadequate number of parking
spaces near the Court Buildings for jurors and visitors, and
WHEREAS, land is available for parking space due to the demo-
lition of the old City Jail, and
WHEREAS, the City has estimated the cost of paving the area
of the old City Jail for additional parking spaces to be $38,387, and
WHEREAS, an appropriation of funds is necessary to initiate
the construction of the additional parking lots,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That funds in the amount of $38,387 be appropriated from
unappropriated surplus to the Public Works Department for construction
of additional parking spaces.
First Reading October 23, 1978
Second Reading
Adopted by the Council of the City of Virginia Beach on the
day of 1978.
ITEM #12886
on motion by Councilman Payne, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCON7, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to approve on first reading the following ordinance
to provide an additional Account Clerk position to the Print Shop
@Jorking Capital Fund. The amount of the appropriation would be $4,815:
AN ORDINANCE TO PROVIDE AN
ADDITIONAL ACCOUNT CLERK
POSITION TO THE PRINT SHOP
WORKING CAPITAL FUND
WHEREAS, the Print Shop is responsible for providing printing
services required by various City Departments and Agencies, and
WHEREAS, a considerable amount of cost accounting is required
to charge the City Departments and Agencies for services rendered by
the Print Shop, and
WHEREAS, the numbers and size of City Departments and
Agencies have increased resulting in increased accounting of Print Shop
services, and
WHEREAS, the Print Shop desires an additional Account Clerk
position at an annual salary of $6,420 to maintain the accounting
duties, and
WHEREAS, appropriations in the amount of $4,815 will be
required to fund this position from the Print Shop Intragovernmental
Service Fund from October 1, 1978,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That an additional Account Clerk position be established in
the Print Shop and funds of $4,815 be appropriated from the balance in
the Print Shop Intragovernmental Service Fund.
First Reading October 23, 1978
Second Reading
Adopted by the Council of the City of Virginia Beach on the
day of 1978.
ITEM #12887
On motion by Councilman Payne, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. lienley, Clarence A. liolland, Vice Mayor J. Ilenry McCoy, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
city council voted to approve on first reading the following ordinance
to appropriate $1,423 as Virginia Beach's share to support the Tidewater
Chapter of the Urban League for one year:
AN ORDINANCE TO APPROPRIATE @1,423 AS
VIRGINIA BEACH SHARE TO SUPPORT THE
TIDEWATER CHAPTER OF THE URBAN LEAGUE
FOR ONE YEAR
WHEREAS, there is an effort underway to organize and finance a
Tidewater Chapter of the Urban League and a charter has beeu received
designating this chapter as the Urban League of Tidewater Virginia, Inc.,
and
WHEREAS, it is contemplated that this organization will ultimately
be supported by the United Communities Fund after the Urban League
proves that it can sustain itself for at least one year before coming
under the UCF umbrella, and
WHEREAS, the Urban League is being organized for the purpose of the
elimination of discrimination in employment and the improve7mut of the
social condition of minorities, and
WHEREAS, the cost to sustain the first year of operation is
,estimated to be $70,000 of which the five (5) cities of Norfolk,
Virginia Beach, Portsmouth, Chesapeake and Suffolk have been assigned
a combined quota of $5,000, and
WHEREAS, based on population, Virginia Beach's share is 28 i/r/.
or $1,423,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that $1,423 be transferred from the legal
and expert account of the Council budget and appropriated for payment
to the Urban League of Tidewater Virginia, Inc. for the first year of
operation.
First Reading- October 23, 1978
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia on
ITEM #12888
On motion by Councilman Payne, seconded by Councilwonan oberndorf
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barba
M. Henley, Clarence A. Holland, Vice Mayor J. Henr,,, McCoy, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to approve an ordinance which requests the Planning
Commission to forward to the City Council their recommendation on
whether the final action on subdivision variances should replain with
the Planning Commission:
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers of the Administration Building on
the 23 day of October 1978.
On motion by Councilman Payne and seconded bYCouncilwoman @ndorf,
the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach desires that the
existing procedure relating to subdivision variances be amended; and
WHEREAS, it is the desire that the Planning Commission retain its
position as a recommending body in connection with proposed changes in the
subdivision ordinance:
NOW, THEREFORE, BE IT RESOLVED that the attached ordinance to amend
and reordain Sections 4.6, 9.1, 9.2, 9.3 and 9.4 of the subdivision ordinance
be referred to the Planning Commission for its review and to make its re-
conmendations within days from date hereof.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 23 day of October 1978.
ITEM #12889
On motion by Councilman Payne, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwop-lan Barbara
M. Kenley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays. None
Absent: Councilmen George R. Ferrell, and Donald @v'. Merrick
City Council voted to approve the request of the Catholic Daughters
of Anerica for the renewal of their Binao/Raffle permit.
ITEP@ #12890
An Ordinance upon Application of Dean S. Potter, Gordon B. Potter, and John
Ray Potter, for a assification from R-4
Residential District ty located
600 feet West of Fir! point 200 feet South of
old Donation Parkway more or less along the
Northern property 1 .03 feet more or less
along the Western pr e of 182.50 feet along
the Southern propert f 1044.58 feet more or
less along the Eastern property line. Said parcel contains 4 acres more or
less. LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to approve this request subject to the following conditions in
conjunction with the int@nded use of the land:
1. A 100-foot strip along the Western property line is to remain R-5
Residential District.
2. Standard improvements as required by the Site Plan Ordinance.
3. City water and sewer.
4. Right-of-way improvements will be necessary along Wildwood Drive;
this includes pavement widening, curb an@ gutter, sidewalk, and
drainage facilities.
5. Existing ditches which can be piped with a 72 inch or less pipe must
be eliminated with development.
And further subject to the following condition prior to the change on the
official zoning map:
A dedication of right-o-f-way 25 feet from the centerline o@ the
existing 30 foot right-of-way along the 811.74 foot frontage on
Wildwood Drive (a 10-foot dedication).
Very truly yours.
R/ Z
ITFM #12890(a)
An Ordinance upon Application of Dean S. Potter, Gordon B. Potter, and John
Ray Potter, for a Change of Zoning District Classification from R-5
Residential District to A-2 Apartment District on certain property located
at the Northeast intersection of Wildwood Drive and Old Great Neck Road,
running a distance of 811.74 feet along the North side of Wildwood Drive,
running a distance of 1491.03 feet more Dr less along the Eastern property
line, running a distance of 70 feet more or less in a Westerly direction,
running a distance of 180 feet more or less in a Northerly direction,
running a distance of 120 feet more or less along the South side of Old
Donation Parkway and running a distance of 1923 feet along the East side of
Old Great Neck Road. Said parcel contains 25.302 acres more Dr less.
LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to approve this request subject to the following conditions in
conjunction with the intended use of the land:
1. A 100-foot strip along the Western property line is to remain R-5
Residential District.
2. Standard improvements as required by the Site Plan Ordinance.
3. City water and sewer.
4. Right-of-way improvements will be necessary along Wildwood Drive;
this includes pavement widening, curb and gutter, sidewalk, and
drainage facilities.
5. Existing ditches which can be piped with a 72 inch or less pipe,must
be eliminated with development.
And further subject to the following condition prior to the change on the
official zoning map:
A dedication of right-of-way 25 feet from the centerline of the
existing 30 foot right-of-way along the 811.74 foot frontage on
Wildwood Drive (a 10-foot dedication).
Mr. Grover C. l@rigiit, Jr. , Attorney, I-liu L)etitioners
The following appeared in opposition:
Mr. Ray Scliumann
Mrs. Bobbye Michaels
Mr. and Mrs. Joseph Giancola
rlr. Drinkwater
Mr. Grady Cobb
After considerable discussion, Councilman Baum made a motion, seconded
by Councilman Payne, to approve the above applicatioii of Dean S. Potter,
Gordon B. Potter, and John Ray Potter, for a Change of Zoning District
Classification from R-5 Residential District to A-2 Apartment District.
Councilman Ervin offered a substitute motion to defer this matter for
two weeks, there being no second the substitute motion died.
The recorded vote on the original motion is as follows:
Ayes: Councilmen John A. Baum, Clarence A. Holland, J. Curtis Palvne,
and Mayor Patrick L. Standinq
IJa,,S: Councilmen F. Reid Ervin, Councilwoman Barbara M. Fenley, Vice
Mayor J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, and Roger
L. Riggs
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
The motion to approve the above application was denied, therefore,
City Council denied the above application of Dean S. Potter, Gordon
B. Potter, and John Rav Potter, for a Change of Zonina District
Classification from R-@ Residential District to A-2 Apartment-District
on certain propert,,, located at the Northeast intersection of Wildwoo(-l
Drive and Old Great Neck Road, runninq a distance of 811.74 feet alona
the @orth side of Wildwood Drive, running a distance of 1491.03 feet
more or less along the Eastern property lin(@, runnina a distance of 70
feet more or less in a Westerly direction, runnina a distance of 180
feet more or less in a Northerly direction, running a distance of 120
feet Tqore or less along the South siae of Old Donation Parkway and
running a distance of 1923 feet along the East side of Old Great Nec,'-,
Road. Said parcel contains 25.304 acres I.'ore or less. Lynnhaven
Borough.
This petition was denied as it was felt that therewere not adequate
services in the area to provide for more apartments, plus, the traffic
on First Colonial Road, and also the opposition o@- the residents in
the area.
ITRM #12891
On motion by Councilman Payne, seconded bv Vice Mayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoman Mevera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: No.ne
Absent: Councilmen George R. Ferrell, and Donald 11. Merrick
City Council voted to approve the following ordinance to amend and
reordain Article 6, Section 605, of the Comprehensive Zoning Ordinance
pertaining to off-street parking requirements for offices::
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6, SECTION 605
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO OFF-STREET PARKING REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 6, Section 605, Off-Street Parking Regulations, of the C.Z.O.
is amended and reordained as follows:
Within an A-1 Apartment District, the following specified uses
shall comply with the off-street parking requirements designated
therefore:
(k) Medical offices and clinics: at least one (1) space per
one hundred and fifty 150 square feet of floor area;
(1) @k4 Museums and art galleries: not less than ten (10) spaces and
an additional space for each three hundred (300) square f6et
of floor area or fraction thereof in excess of 1,000 square
feet;
(m) @;4 Nurses homes and similar housing for institutional employees:
at least one (1) space per four (4) occupants;
(n) @FR@ Private clubs and lodges, special centers, athletic clubs
and the like: at least one (1) space per one hundred (100)
square feet of floor area;
(o) @R4 Uses permissible under conditional use permit shall comply
with the specific off-street parking requirements attached
to the conditional use permit.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
-2 3 day of October 1978.
APPRO@D AS TO CONTMT
7,?
APPP%OVrD &S TO FORT,@
S;G@@ArURE
CITY ATTORNEY
ITEM 412892
On motion by Councilman Payne, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baurq, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, aiid Donald W. Merrick
City Council voted to approve the following ordinance to amend and
reordain Article 8, Section 805, of the Comprehensive Zoning Ordinance
pertaining to off-street parking requiretients for offices:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 8, SECTION 805
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO OFF-STREET PARKING REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 8, Section 805, Off-Street Parking Regulations, of the C.Z.O.
is amended and reordained as follows:
Within an 0-1 Office District, the following specified uses shall comply
with the off-street parking requirements designated therefore:
(a) Offices, business studios, retail stores, business and voca-
tional schools, personal service establishments and financial
institutions, other than banks: at least one (1) space per
four hundred (400) square feet of floor area; however, for
offices of 5,000 square feet or more, at 1 ce
per three hundred and fifty (350) square feet o f oor area;
(i) Medical, optical, and dental offices and clinics: at least
one (1) space per two-hundred-@290@ one hundred and fifty (150)
square feet of floor area.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 23
day of October 1978.
APPP@OVED AS
SIGNATUR
CITY ATTOI
ITEM #12893
On motion by Councilman Payne, seconded by Vice Mayor McCoy, and bv
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry liccoy, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to approve the following ordinance to amend and
reordain Article 9, Sections 905 and 915, of the Comprehensive Zoning
Ordinance pertaining to off-street parking requirements for offices:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9, SECTIONS 905 AND 915
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO OFF-STREET PARKING REQUIREMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 905, Off-Street Parking Requirements, of the C.Z.O.
is amended and reordained as follows:
Within a B-1 Business-Residential District, the following specified
uses shall comply with the off-street parking requirements designated
therefore:
(a) Bakeries, confectioneries, delicatessens, drug stores, variety
stores, beauty shops, barber shops, ffled4Ea4-and-dental-off4Ees,
laundry and dry cleaning agencies, and-el4R4Es: at least one
(1) space per two hundred (200) square feet of floor area;
(b) Banks: at least one (1) space per 125 square feet of floor
area;
(c) Churches: at least one (1) space per five (5) seats or bench
seating in the main auditorium;
(d) Day care centers and child care education centers: at least
one (1) space per three hundred (300) square feet of floor area;
(e) Business studios, offices, florists, gift shops, stationery
stores, liquor stores, financial institutions, and animal hospitals:
at least one (1) space per four hundred (400) square feet of floor
area; however, for offices of 5,000 s eet or more, at least
one (IT space per three hundred and fifty (350) square feet of
floor area;
(f) Medical and dental offices and clinics: at least one (1) space
per one hundred and fifty (150) square feet of floor area;
(g) @f4 Private clubs, lodges, social centers, athletic clubs, and
grocery stores: at least one (1) space per one hundred (100)
square feet of floor area;
(h) @g4 Public buildings: at least one (1) space per five hundred (500)
square feet of floor area;
i) @h@ Restaurants: at least one (1) space per seventy-five (75) square
feet of floor area.
kat Article 9, Section 915, Off-Street Parking Requirements, of the C.Z.O.
nded and reordained as follows:
Within a B-2 Community Business District, the following specified uses
shall comply with the off-street parking requirements designated therefore:
(a) Animal hospitals, offices, business studios, eleemosynary and
philanthropic institutions, business and vocational schools,
veterinary establishments, comniercial kennels, wholesaling and
distribution operations, financial institutions other than banks,
boat sales, laboratories other than medical, passenger transporta-
tion terminals and broadcastinq studios: at least one (1) space per
four hundred (400) square feet of floor area; however, for offices
of 5,000 square feet or more, at least one (1) space per three
hundred and fifty (350) square feet of floor area;
(b) Auditoriums, assembly halls and union halls: at least one (1)
space per one hundred (100) square feet of floor area or at least
one (1) space per five (5) fixed seats, Wlichever is greater;
(c) Banks: at least one (1) space per 125 square feet of floor area;
(d) Bowling alleys: at least five (5) spaces per alley;
(e) Medical, optical, and dental offices and clinics; and medical labora-
tories: at least one (1) space per-two-hundred-@2994 one hundred
and fifty (150) square feet of floor area.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 23
day of October 1978.
ITEM #12894
On motion by Councilman Payne, seconded by vice !4ayor McCoy, and by
recorded vote as follolvs:
Ayes:@ Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoplan Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to approve the following ordinance to amend and
reordain Article 10, Section 1005, of the Comprehensive loning Ordiiiance
pertaining to off-street parking requirements for offices':
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 10, SECTION 1005
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO OFF-STREET PARKING REQUIREMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 10, Section 1005, Off-Street Parking Requirements, of the C.Z.O.
is amended and reordained as follows:
Within an I-I Light Industrial District, the same off-street parking
requirements which are applicable to uses permitted within the B-2
Community-Business District shall apply to any of such uses which
are also permitted in the 1-1 Light Industrial District and, in addition,
the following specific uses shall comply with the off-street parking
requirements designated therefore:
(a) Office buildings: at least one (1) space per four hundred
(400) square feet of floor area; however, for offices of
"00' square f@et or "ore, at least one (@ ee
hundred and fifty (3bU) square feet of floor area.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 23
day of October 1978.
ITEM #12895
On motion by Councilman Payne, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ay6s: Councilmeii John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patricl,, L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to approve the following ordinance to amend and
reordain Article 15, Section 1505, of the Comprehensive zoning Ordinance
pertaining to off-street parking requirements for offices:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 15, SECTION 1505
OF THE CO@IPREHENSIVE ZONING ORDINANCE
PERTAINING TO OFF-STREET PARKING REQUIREMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY.OF VIRGINIA BEACH, VIRGINIA:
That Article 15, Section 1505, Off-Street Parking Requirements, of the C.Z.O.
is amended and reordained as follows:
Within a C-1 Arts and Conference District, the followinq specified
uses shall comply with the off-street parking requirements designated
therefore:
(d) Business studios, offices, clinics, and medical laboratories:
at least one (1) space per two-huRdred-@2094 one hundred and
fifty (150) square feet of floor area.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 23
day of October 1978.
-ITEM #I'@896
Mr. W. P. Lawrence, General Manager of Fine and Salzberg, Incorporated,
appeared in favor of the closure.
On motion by Councilman flolland, seconded by Councilman Riggs, and bv
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, vice mayor J. Henry McCov, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger-L. Riggs,
and mayor Patrick L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to approve the following ordinance closing, vacating
and discontinuing a portion of those certain streets of variable width,
known as Vine Street (formerly Fourth Street) and Fourth Street, as shown
upon that certain plat entitled, "Plat Showing portions of Fourth Street
and Vine Street in Jacksondale to be closed for Fine and Salzberg, Inc.,
Lynnhaven Borough, Virginia Beach, Virginia. Approval is subject to
the following stipulations:
1. Right-of-way along the southern end of Vine Street
remain public as required for tlie construction of
South Boulevard.
2. The existing lot lines should be vacated by plat
recordation, in order to avoid the possibilitv of
creating nonconformino lots which do not meet-tlie
minimum dimension recluirements of the Comprehensive
Zoning Ordinance
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF TflOSE CERTAIN
STREETS OF VARIABLF WIDTH, KNOIVN AS VINE
STREET (FORMERLY FOIJRTH STREEI') AND
FOURTH STREET, AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED, "PLAT SHOWING PORTIONS OF
FOURTH STREET AND VINE STREET IN JACKSONDALE
TO BE CLOSED FOR FINE & SALZBERG, INC.,
LYNNHAVEN BOROUGli, VIRGINIA BEACH, VIRGINIA",
WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF
THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN MAP BOOK AT PAGE
WHEREAS, it appearing by affidavit that proper notice has
been given by Fine & Salzberg, IncorDorated, that it would make
application to the Council of the City of Virginia Beach, Virginia,
on June 19th, 1978, to have the hereinafter described streets
discontinued, closed and vacated; and
WHEREAS, it is the judgement of the Council that said streets
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 streets be discontinued,
closed, and vacated:
Vine Street beginning at a point on the n,,th side
of South Boulevard (formerlv Fourth Street), thence
northward a distance of 998'-+ to the property line of
the State Highway Department at Rosemont Road off-ramp;
also FourtTi Street beginning at the west side of Rosemont
Road and extending westward a distance of 5321+'
(Portions to be vacated is designated as the below described
plat.)
Said D.arcels of land being a portion of Vine Street (formery Fourth
Street) and Fourth Street to be vacated for Fine & Salzberg, Incorporated,
which plat is recorded in the Clerkis Office of the Circuit Court of
the City of Virginia Beach, Virginia, in 4ap Book at Page
and which is made a part hereof by reference.
SECTION II
This Order shall be in effect from the date of its passage.
ORDINANCE APPOINTING VIEIVERS
WiiEREAS, Fine & Salzberg, Incorporated has given due
and proper notice, in accordance with the statutes'fof such
cases made and provided that they will on the 1st day of May,
1978, 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 discontinuance of the hereinafter described
portions of those certain streets of variable width, and has
filed such application with said Council
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT C. Oral Lamb6rt
George E. Tinnes And
Robert J. Scott are hereby
appointed to view the below described property and report in
writing to the Council on or before the 19th day of June, 1978,
whether in their opinion, any, and if any, what inconveniente
should result in the discontinuing and vacating of a portion of
those certain streets of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as
follows:
Vine Street beginning at a point on the noth
side of South Boulevard (formerly Fourth Street),
thence northward a distance of 9981+- to the
property line of the State Highway Department
at Rosemont Poad off-ramp; also Fourth Street
beginning at the west side of Rosemont Road and
extending westward a distance of 5321+-. (Portion
to be vacated is designated on the below described
plat.)
All the above as shown upon that cetain plat
entitled, "Plat Showing Portions of Fourth Street and Vine
Street in Jacksondale to be Closed for Fine & Salzberg,
Incorporated, Lynnhaven Borough, Virginia Beach, Virginia",
which plat is attached hereto and made a part hereof and intended
to be recorded with the Ordinance closing the aforedescribed
street.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the - 23 day of October , 1978.
Approval is subject to the following stipulations:
1. Right-of-way along the southern end of Vine Street
remain public as required for the construction of South
Boulevard.
2. The existing lot lines should be vacated by plat
recordation, in order to avoid the possibility of
creating nonconforming lots which do not meet the
minimum dimension requirer-.ents of the Comprehensive
Zoning Ordinance
-2-
IN THE MATTER OF CI,OSING, VACATTNG ANI)
DISCONTINUE A PORTION OF THOSE CERTAIN
'N
STREETS OF VARIABLE IVIDTH, KNOI@@ AS VINE
STREET (FORTIERLY FOURTH STREET@ AND
FOURTH STREET, AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED, "PLAT SHOWING PORTIONS OF
FOURTH STREET AND VINE STREET IN JACKSONDALE
TO BE CLOSED FOR FINE @ SALZBERG, INC.,
LYNNHAVEN BOROUGH, VIRGINTA BEACH, VTRGINIA."
WliICH PLAT IS ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE @MEMBERS OF THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Fine & Salzberg, Incorporated, respect-
fully represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the petitioner applies
for the vacating, closing and discontinuance of a portion of those
certain streets, which are more.specifically described as follows:
Vine Street beginning at a point on the north
side of South Boulevard (formerly Fourth Street),
thence northward a distance of 9b8l+ to the
property line of the State Highway Department
at Rosemont Road off-ratnp; also Fourth Street
beginning at the west side of Rosemont Road and
extending westward a distance of 5321+. (Portion
to be vacated is designated on the below described
plat.)
Said parcel of land being that portion of Vine Street,
(formerly Fourth Street) and FourthStreet, as indicated on that
certain plat entitled, "Plat Showing Portions of Fourth Street
and Vine Street in Jacksondale to be Closed for Fine & Salzberg,
Incorporated, Lynnhaven Borough, Virginia Beach, Virginia", which
plat is attached hereto and made a part hereof and intended to
be recorded with the Ordinance closing the aforedescribed streets.
2. That no inconvenience will result to any persons
by reason of said clos.ings, vacations, and discontinuance of
said streets; and the petitioner prays that,this tionorable
Council appoint viewers as provided by law to view said
platted Streets proposed to be closed and to report in writing
to the Council on or befo-re the lgth day of June, 1978, as to
whether in the opinion of said Viewers, what inconvenience, if
any, would result from the discontinuance and closing of those
portions of said streets, as herein reported and described.
3. That on the 14th day of April, 1978, Notice of
the presenting of this Application was posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia,
City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach,
Virginia and the Dremises to be closed as evidenced by the
Affidavit attached hereto, and a copy of said Notice.
Respectfully submitted,
FINE SALZBERG, INCGRPOPATED
By
William P. St.Lawrence
General @lanager
Fine & Salzberg, Incorporated
147 Granby Street, Suite Sio
Norfolk, Virginia 23510
-2-
ITEM #12897
Mr. Andrew Heatwole appeared in favor of the proposed closure
On motion by Councilman Ervin, seconded by Councilman Riggs, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry 1.4cCov, Jr.,
Councilwoman 4eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to approve the following ordinance closing, vacating
and discontinuing a certain unnamed street as shown on that certain plat
entitled "Street dedication plat for Beachvard Corporation, Lynnhaven
Borough, Virginia Beach, Virginia. Approval is subject to the following
stipulation:
1. A dedication of right-of-way to the west of the
proposed closure for the relocation of Cranston
Lane.
2. Setting forth a new Ordinance for the closure
of a portion of the street (formerly Cranston
Lane), as shown in Map Book 97, Page 17.
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A CERTAIN UNNAIIED STREET AS
SH014N ON THAT CERTAIN PLAT ENTITLED
"STREET DEDICATION PLAT FOR BEACHVARD
CORPORATION, LYNNHAVEN BOROUGH, VIRGINIA
BEACH, VIRGINIA, FOR TIDEWATER IMPORTS,
INC., WHICH PLAT IS RECORDED IN THE
CLERK'S OFFICE OF THE CIRCUIT COURT OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, IN
MAP BOOK 97 AT PAGE 17, AND AS FURTHER
RECORDED IN MAP BOOK 133 AT PAGE 1.
WHEREAS, it appearing by affidavit that proper notice has been
given by Tidewater Imports, Inc., that it would make application to the
Council of the City of Virginia Beach, Virginia, on July 26, 1978, to
have the hereinafter described street discontinued, closed and vacated; and
WHEREAS, it appearing that the application of Tidewater Imports,
Inc. was amended at the meeting of the Planning Commission of the City of
Virginia Beach on October 10, 1978, to delete all but a portion of the
requested area to be closed, the area to be closed being that shown on
that plat recorded in Map Book 133, at Page 1; and
WHEREAS, it is the judgment of the Council that that portion of
the street as requested to be closed in the amended petition ought to be
discontinued, closed and vacated;
NOW, THEREFORE,
SECTION 1.
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued, closed
and vacated:
ALL that certain portion of Cranston Lane as shown on
that certain plat entitled "SUBDIVISION OF PROPERTY FOR
OFFICE PARK ASSOCIATES", which said plat is duly recorded
in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book 133, at Page 1,
said property being more particularly described as "CLOSED
BY CITY OF VIRGINIA BEACH, No. 3200, OCTOBER 23, 1978,
AREA TO BE CONVEYED TO OFFICE PARK ASSOCIATES = 6501 Sq. Ft.
OR 0.149 ACRE (FORMERLY CRANSTON LANE)", it being a part
of the street as shown on that plat entitled "STREET DEDICATION
PLAT FOR BEACHVARD CORPORATION, LYNNHAVEN BOROUGH, VIRGINIA
BEACH, VIRGINIA", which said plat is recorded in the aforesaid
Clerk's Office in Map Book 97, at Page 17.
SECTION II.
CKM, SPAIN AND LYLE, P.t
AMRNEYS AT LAW This Order shall be in effect from the date of its passage.
INIA BEACK VINGIKIA 23452
BOROUGH, VIRGINIA BEACH, VIRGINIA, to be closed for Tidewater
Imports, Inc.,Virginia Beach, Virginia,
-Ado@tod by the Council of the City of Virginia Bedch,
Vir4inia, on the 23 day of October 1978
HUDGINS,
E, BURT & O'BRIEN
A@ 1,@
ITEM #12898
Mr. Grover C. Wricrlit, Jr., appeared in favor of the proposed closure.
on motion by Councilman Holland, seconded by Council.-nan Rigqs, and
by recorded vote as follows:
Ayes: Councilnen John A. Baum-, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Tr.,
Councilwoman ',Ie,,era E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, ana Donald W. Merrick
City Council voted to approve -,he following ordinance for the closure,
vacation and discontinuance of a portion of Admiral Street, in tlie
Lynnhaven Borough, in the Citl@ of Virginia Beach, Virginia. Approval
is subject to the following stipulation:
1. In addition to the vacation of existing lot lines,
a 5-foot easement for the purpose of access, drainage,
and utilities should be provided along eacli side of
ti-ie centerline of the proposeci closure. Lil@ewise, a
similar 5-foot easement is to be provided along the
rear of the entire area to be closed.
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION
MELVILLE C. WOOD, JR., ET UX, ET AL
INEZ H. WOOD, ET VIR, ET AL
DYAS, ET AL
AN ORDINANCE VACATING K14D DISCONTINUING
A PORTION OF ADMIRAL STREET, IN LYNNHAVEN
BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application of
the applicants, Melville C. Wood, Jr., Inez H. Wood, and
Dyas, to be presented to the City Council of the City of
Virginia Beach, Virginia, on the day of 1 1978,
and for the vacation of the hereinafter described public street
in the City of Virginia Beach, Virginia, was on the day of
1 1978, duly posted at the Court House of the Circuit
Court of the City of Virginia Beach, Virginia, and at two other
public places in the City of Virginia Beach, Virginia, in conformity
with the manner prescribed by Code of Virginia, Section 15.1-364,
for the institution of proceedings for the vacation of a public
street; and
i,alEREAS, said application was made to the City Council of
the City of Virginia Beach, Virginia, on the day of
1978, and in conformity with the manner prescribed by Code of
Virginia, Section 15.1-364, for the conduct of such proceedings,
the City Council of the City of Virginia Beach, Virginia, on the
day of 1 1978, which was more than ten days
after posting notice of the intended application as aforesaid,
appointed C. Oral L@ert I Georqe E. Tinnes and
Robert J. Scott -1 as viewers to view such street and
report in writing whether in their opinion, any and if any,what,
inconvenience would result froni discontinuing the same, and said
viewers have made such report to the City Council of the City
of @irizinia Beach, Virginia; and
GROVER C. WRIG T,
WHEREAS, from such report and other evidence, and after
notice to the land proprietors affected thereby, along the street
proposed to be vacated, it is the judgment of the City Council of
the City of Virginia Beach, Virginia, that these proceedings have
been instituted, conducted and concluded in the manner prescribed
by Code of Virginia, Section 15.1-364, that no inconvenience would
result from vacating and discontinuing the portion of said street,
and that the portion of said street should be vacated and dis-
continued;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Virginia Beach, Virginia:
1. That the following portion of Admiral Street, in the
Borough of Lynnhaven, in the City of Vir-.inia Beach, Virginia, be,
and the same hereby is, vacated and discontinued:
ALL that portion of Admiral Street measuring 50' X 120'
between Lot 169, SSl and Lot I,SSI, between the northeast
side of East Admiral Drive and Seashore State Park in
Lynnhaven Borough of the City of Virginia Beach, Virginia,
as shown on the plat of Cape Henry Shores, Section One,
recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Map Book 62,
at page 29.
2. This ordinance shall be in effect from, and after thirty
(30) days from the date of its adoption.
3. A certified copy of this ordinance of vacation shall
be recorded as deeds are recorded, and indexed in the name of the
City of Virginia Beach, Virginia, as grantor, and in the name of
Melville C. Wood, Jr. , Inez H. Wood and Eleanor F. Dyas, as
grantees, in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, at the expense of the applicants.
Certified to be a true and exact copy of an ordinance
adopted by the City Council of the City of Virginia Beach, Virginia,
at its regular meeting held on the 23 day of October 1978.
TESTE: R.J. WEBBON, CITY CLERK
By
City Clerk
In the 14atter of the Application of
Melville C. Wood, Jr., et ux, et al,
for the Closure, Vacation and Dis-
continuance of a Portion of Admiral
Street in Lynnhaven Borough, Virginia
Beach, Virginia, Between the Northeast
Side of East Admiral Drive and the
Seashore State Park
PETITION
To: The City Council of the
City of Virginia Beach,
Virginia
Your petitioners, the applicants, Melville C. Wood, Jr,, Inez
and
R. Wood, /Eleanor F. Dyas who own all the land located adjacent
to on both sides of Admiral Street between between East Admiral
Drive and Seashore State Park in the Lynnhaven Borough of the
City of Virginia Beach, Virginia, petition and apply to the
Council of the City of Virginia Beach, Virginia, for the
vacation, closing and discontinuance of that portion of Admiral
Street (120' X 50') adjacent to the property of the applicant
petitioners between the nort@ast side of E. Admiral Drive and
the Seashore State Park, as shown on the plat of Cape Henry
Shores, Section One, recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 62,
at page 29.
Your petitioners and applicants allege that no inconvenience
will result to the public by reason of said closure and ask that
the Council appoint viewers as provided by law to view the portion
of Admiral Street sought to be closed and report in writing to the
Council as to whether
in the opinion of the viewers what inconvenience, if any, would
result from the discontinuance and closure as herein sought, at
which time the petitioner will ask for passage of an ordinance
vacating the portion of the street sought to be closed herein.
On Augustl4 , 1978, notice of presentation of this applica-
tion to the Council was posted at the Courthouse of the Circuit
GROVER C. WRIGHT, JR.
E@@H, V@.
Court of the City of Virginia Beach, Virginia, on the portion
of the street to be closed and at the City Hall Annex in
Virginia Beach Borough, 19th Street and Arctic Avenue and
an affidavit of posting is attached hereto, together with
a copy of the notice of intended application for vacation of
said portion of the street.
The petitioners and applicants are the fee simple
owners of all land along and adjacent to the portion of said
street to be closed.
Respectfully submitted,
OL Q - @ii @ @-
lville C. Wood, Jr.
Ine@. H. Wood
@a,@ @ '47 @
Eleanor F. Dyas
Grover C. Wright, -Jr.
303 Beach Tower Building
3330 Pacific Avenue
P.O. Box 51
Virginia Beach, Virginia 23458
Adopted by the Council of the City of Virgi-ia Beach, Virgini.a,
on the 23 day of October , 1978.
@oproval is subject to the following stipulation:
1. In addition to the vacation of existing lot
lines, a 5-foot easement for the purpose of access,
drainage, and utilities slioulc be urovided along eacli
side of the centerline of tlie proposed closure. Like-
wise, a similar 5-foot easement is to be provided along
the rear of tlie entire area to be closed.
NOTICE
PLEASE TAKE lqOTICE that at a meeting of the City
Council of the City of Virginia Beach, Virginia, to be held
on Monday, August 28 , 1978, at 2 p.m., the undersigned appli-
cants will petition for passage of an ordinance appointing
viewers to view that portion (120' X 50') of Admiral Street
in Lynnhaven Borough of the City of Virginia Beach, Virginia,
between tlie northeast side of E. Admiral Drive and the Seashore
State Park and between the 2 lots of the applicants and thereafter
report to the Council whether in the opinion of the viewers what,
if any, inconvenience would result from the closing, discontinuance
and abandonnient of same. A plat @,,ith a detailed description of
the portion of said Street to be closed is on file in the office
of the City Attorney and in the Planning Department of the City
of Virginia Beacli, Virginia, Municipal Center, Princess Anne,
Virginia Beach and in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in liap Book 62, at page 29.
MELVILLE C. WOOD, JR.
INEZ H. WOOD and ELEANOR
F. DYAS
By
GROVER C. WRIGHT, JR.
T Ll".
ORDINANCE APPOINTING VIEWERS
WHEREAS, Melville C. Wood, Jr., et ux, et al, have given
due and proper notice in accord with law that they would, on
the28th day of August 1 1978, apply to the City Council
of the City of Virginia Beach, Virginia, for the appointment
of viewers to view the below described portion of Admiral Street
in Lynnhaven Borough in the City of Virginia Beach, Virginia,
and to report in writing to this Council whether, in the opinion
of said viewers any, and if any, what inconvenience would result
from the discontinuance, closure and abandonment of said portion
of Admiral Street and whereas such application has been properly
filed with this Council and whereas all requirements of law have
been met.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia, that C. Oral Lambert
Georqe E. Tinnes and Robert J. Scott
be, and each of them is hereby appointed to view that portion of
Admiral Street being 50' wide and 120' long, lying between the
northeast side of East Adniiral Drive and the Seashore State Park
as shown on the plat of Cape Henry Shores, Section One, which is
recorded in the Clerk's Office of the Circuit Court of this
City in Map Book 62, at page 29, and said viewers shall report
in writing to this Council on or before 1 1978, at
2 p.m., whether in their opinion any, an-d if any, what inconven-
ience would result to the public from the discontinuance, vacation
and abandonment of said portion of Admiral Street.
GROVER C. WRIGHT, JR.
ITEM #12899
The following persons appeared in opposition to rescinding Council's
motion of August 21, 1978, regarding the low bid of Gavco Corporation:
Mr. Ben Hubbard, Attorney
Mr. Robert Geary
Mr. Hubbard stated that he had presented a letter to the Council
indicating that Ocean Electric/Gavco Corporation makes an attempt
to show Council their experience, not only in the job under con-
struction, but also in a wide variety of jobs for governmental
authorities.
After considerable discussion, Vice Mayor McCoy made a riotion, seconded
by Councilman liolland, to rescind the Council action of August 21, 1978,
and accept the second low bid of W. M. Meredith, II, in the amount of
$1,771,000, for construction of -,he Columbus Street Pump Station. The
recorded vote is as follows:
Ayes: Councilmen John A. Baum, Clarence A. Holland, Vice Mayor J.
lienry McCoy, Jr., and Mayor Patrick L. Standing
Nays: Councilmen F. Reid Ervin, Councilwoman Barbara M. Henley,
Councilwoman 4eyera E. Oberndorf, J. Curtis Payne, and Roger L.
Riggs
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
The motion to rescind the Council action of August 21, 1978 and accept
the second low bid of W. M. @leredith, II, in the amount of $1,771,000,
for the Columbus Street Pump Station, was lost.
ITEM 'V'12900
On motion by Councilman Holland, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. lienley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Absent: Coidncilmen George R. Ferrell, and Donald 1,7. Merrick
City Council voted to adopt the following resolution authorizing the
issuance and sale of $19,900,000 General Obligation Water and Sewer
Bonds, Series of 1977B, in the City of Virgillia Beach, viralinia, here-
tofore authorized, and providing for tlie form, details and payment
thereof:
At a regular meeting of the Coun@cil of the City of
Virginia Beach, Virginia, held on the 23rd day of October,
1978, at which the following members were present and
absent;
PRESENT:
Councilman John A. Baum Councilman Roger L. Riggs
Councilman F. Reid Ervin Mayor Patrick L. Staneing
Councilwoman Barbara M. Henley
Councilman Clarence A. Holland
Vice Mayor J. Henry McCoy, Jr.
Councilwoman Meyera E. Oberndorf
Councilman J. Curtis Payne
ABSENT:
Councilman George R. Ferrell
Councilman Donald W. Merrick
the following resolution was adopted by the affirmative roll
call vote of at least two-thirds of all members of the Council,
the ayes and nays being recorded in the minutes of the meeting
as shown below:
MEMBER VOTE
Councilman John A. Baum Aye
Councilman F. Reid Ervin Aye
Councilwoman Barbara M. Henley Aye
Councilman Clarence A. Holland Aye
Vice Mayor J. Henry McCoy, Jr. Aye
Councilwoman Meyera E. Oberndorf Aye
Councilman J. Curtis Payne Aye
Councilman Roger L. Riggs Aye
Mayor Patrick L. Standing Aye
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$19,900,000 GENERAL OBLIGATION WATER AND SEWER
BONDS, SERIES OF 1977B, OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND PRO-
VIDING FOR THE FORM, DETATLS AND PAYMENT THEREOF
WHEREAS, the contracting of a debt and the issuance of
general obligation bonds of the City of Virginia Beach, Virginia,
in the maximum amount of $39,900,000 was authorized at an
election held on June 14, 1977, to provide funds to finance a
portion of the cost of a capital improvement program for water
and sewer, and $20,000,000 of such bonds have been issued and
sold; and
2
WHEREAS, the issuance of public improvement bonds of
the City of Virginia Beach in the maximum amount of $16,400,000
was authorized by ordinance adopted July 17, 1978, and none of
such bonds have been issued and sold; and
WHEREAS, such ordinance authorized the sale of such
public improvement bonds either as a separate issue or in com-
bination with general obligation bonds authorized for similar
or other purposes; and
WHEREAS, it is considered desirable to issue and sell
the balance of such water and sewer bonds and all of such
public improvement bonds as a single issue;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. There are hereby authorized to be issued and sold
$19,900,000 general obligation water and sewer bonds of the
City of Virginia Beach being the balance of the bonds authorized
for such purpose at the election held June 14, 1977.
2. The bonds shall be coupon bonds without privilege of
registration, shall be designated "General Obligation Water
and Sewer Bonds, Series of 1977B," shall be dated December 1,
1978, shall be of the denomination of $5,000 each, shall be
numbered from 1 to 3,980, inclusive, and shall mature in in-
stallments on October 1 in years and amounts as follows:
Year Amount Year Amount
1979 $540,000 1991 $ 530,000
1980 570,000 1992 580,000
1981 600,000 1993 650,000
1982 630,000 1994 720,000
1983 660,000 1995 640,000
1984 710,000 1996 720,000
1985 740,000 1997 790,000
1986 780,000 1998 870,000
1987 830,000 1999 960,000
1988 870,000 2000 1,050,000
1989 420,000 2001 1,140,000
1990 470,000 2002 830,000
2003 2,600,000
The bonds shall bear interest at such rate or rates as determined
at the time of sale, payable semiannually on April 1 and
3
October 1. Both principal and interest shall be payable in
lawful money of the United States of America at the principal
office of United Virginia Bank, Richmond, Virginia, or Bankers
Trust Company, New York, New York, at the option of bearer.
3. Bonds maturing on or after October 1, 1989, are
subject to redemption prior to maturity at the option of the
City on or after October 1, 1988, in whole at any time or in
part on any interest payment date, upon payment of the principal
amount of the bonds to be redeemed plus interest accrued and
unpaid to the redemption date and a redemption premium of
one-half of one percent (1/2 of 1%) of such principal amount
for each six month period, or part thereof, between the redemp-
tion date and the stated maturity date of the bonds to be
redeemed, provided that the redemption premium shall not ex-
ceed 3% of such principal amount. If less than all of the
bonds are called for redemption, the bonds to be redeemed
shall be selected by the City Treasurer in such manner as he
may determine to be in the best interest of the City. The
City Council shall cause notice of the call for redemption
identifying the bonds to be redeemed to be published twice
in both a financial journal published in the City of New York,
New York, and in a newspaper of general circulation published
in the City of Richmond, Virginia, the first publications of
which shall appear not less than 30 nor more than 60 days prior
to the redemption date.
4. The bonds shall be signed by the facsimile signature
of the Mayor of the City of Virginia Beach, shall be counter-
signed by its Clerk and a facsimile of its seal shall be printed
on the bonds. The coupons attached to the bonds shall be
authenticated by the facsimile signatures of the Mayor and the
Clerk.
/i .
5. The bonds and coupons shall be in substantially the
following form:
(FORM OF BOND)
No. $5,000
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
-i Water an4 Sewpr Bo I,
The City of Virginia Beach, Virginia, for value received,
hereby acknowledges itself indebted and promises to pay to
bearer upon presentation and surrender hereof the principal
sum of
FIVE THOUSAND DOLLARS ($5,000)
on October 1, 19-, and to pay interest thereon from the
date hereof until payment at the rate of per cent
%) per year, payable semiannually on April 1 and October I
upon presentation and surrender of the attached coupons as they
become due. Both principal of and interest on this bond are pay-
able in lawful money of the United States of America at the princi-
pal office of United Virginia Bank, Richmond, Virginia, or
Bankers Trust Company, New York, New York, at the option of
bearer.
This bond is one of an issue of $19,900,000 general obli-
gation water and sewer bonds of like date and tenor, except as
to number, rate of interest, maturity and privilege of redemption,
being the balance of $39,900,000 bonds authorized at an election
held on June 14, 1977, and is issued pursuant to the Constitution
and statutes of the Commonwealth of Virginia, including the
Charter of the City of Virginia Beach (Chapter 147, Acts of
Assembly of 1962, as amended) and the Public Finance Act, as
amended, to provide funds to finance a portion of the cost of
a capital improvement program for water and sewer.
5 .
Bonds maturing on or after October 1, 1989, are subject
to redemption prior to maturity at the option of the City on or
after October 1, 1988, in whole at any time or in part on any
interest payment date, upon paytnent of the principal amount of
the bonds to be redeemed plus interest accrued and unpaid to the
redemption date and a redemption premium of one-half of one per-
cent (1/2 of 1%) of such principal amount for each six month
period, or part thereof, between the redemption date and the
stated maturity date of the bonds to be redeemed, provided that
the redemption premium shall not exceed 3% of such principal
amount. If less than all of the bonds are called for redemption,
the bonds to be redeemed shall be selected by the City Treasurer
in such manner as he may determine to be in the best interest
of the City. The City Council shall cause notice of the call
for redemption identifying the bonds to be redeemed to be pub-
lished twice in both a financial journal published in the City
of New York, New York, and in a newspaper of general circulation
published in the City of Richmond, Virginia, the first publications
of which shall appear not less than 30 nor more than 60 days
prior to the redemption date.
The City is required to charge rates or fees to users of
its water and sewer system and fix and maintain such rates or
fees at such level as will produce sufficient revenue to pay
all costs of operation of such system and the principal of and
interest on the bonds and any other bonds and notes heretofore
or. hereafter issued on account of such system and secured by a
pledge of water or sewer revenues as the same become due. In
addition the full faith and credit of the City of Virginia Beach
are hereby irrevocably pledged for the payment of principal of
and interest on the bonds if the net revenue from such system
is insufficient therefor.
6 .
All acts, conditions and things required by the Consti-
tution and statutes of the CoTmnonwealth of Virginia to happen,
exist or be performed precedent to and in the issuance of this
bond have happened, exist and have been performed, and the
issue of bonds of which this bond is, one, together with all
other indebtedness of the City of Virginia Beach, is within
every debt and other limit prescribed by the Constitution and
statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia,
has caused this bond to be signed by the facsimile signature
of its Mayor, to be countersigned by its Clerk, a facsimile of
its seal to be printed hereon, the attached coupons to be
authenticated by the facsimile signatures of the Mayor and the
Clerk, and this bond to be dated December 1, 1978.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach, Mayor, City of Virginia
Virginia Beach, Virginia
(FORM OF COU.PON)
No. $
April
On October 1, 19-, unless the bond to which this coupon
is attached has been duly called for prior redemption and pro-
vision made for payment thereof, the City of Virginia Beach,
Virginia, will pay to bearer Dollars
($ ) in lawful money of the United States of America
at the principal office of United Virginia Bank, Richmond, Virginia,
or Bankers Trust Company, New York, New York, at the option of
7
bearer, being the interest then due on its General Obligation
Water and Sewer Bond, Series of 1977B, dated December 1, 1978,
and numbered
Clerk, City of Virginia Beach, Mayor, City of Virginia Beach,
Virginia Virginia
6. The full faith and credit of the City of Virginia
Beach are hereby irrevocably pledged for the payment of principal
of and interest on the bonds. It is hereby convenanted and
agreed with the holders of the bonds that so long as any of the
bonds are outstanding and unpaid the City will:
(a) charge rates or fees to users of its water and
sewer system and fix and maintain such rates or fees at such
level as will produce sufficient revenue to pay the cost of
operation and administration, the cost of insurance against
loss by injury to persons or property and the principal of
and interest on the bonds and any other bonds and notes hereto-
fore or hereafter issued on account of such system and secured
by a pledge of water or sewer revenues, as the same respectively
become due;
(b) apply the revenue derived from the operation
of such system in each fiscal year first to the payment of such
costs of operation, administration and insurance during such year,
then to the payment of the bonds and any other bonds and notes
heretofore or hereafter issued on account of such system and
secured by a pledge of water or sewer revenues becoming due in
such year;
(c) levy and collect annually an ad valorem tax over
and above all other taxes authorized or limited by law on all
taxable property in the City if the net revenue of such system
available to pay the principal of and interest on the bonds, as
the same become due, is insufficient therefor; and
8
((I) segregate and keep segregated froni all other
City funds all revenue derived from the operation of such system
and keep proper records and accounts therefor, separate and
apart from all other records and accounts.
7. The City reserves the right to issue additional bonds
payable from the net revenue of its water and sewer system, with
or without a pledge of its full faith and credit, on a parity with
the bonds.
8. The bonds shall be combined with $16,400,000 General
Obligation Public Improvement Bonds, Series of 1978, and offered
for sale as if the two issues constituted a single issue of
$36,300,000 bonds. The City Manager is hereby authorized and
directed to take all proper steps to advertise the bonds for sale
substantially in accordance with the Notice of Sale attached hereto
as Exhibit A. The City Manager, in collaboration with Wainwright
& Ramsey Inc., the City's financial advisor, may make such changes
in the Notice of Sale not inconsistent with the provisions of this
resolution as he may consider to be in the best interest of the
City.
9. The printer's proof, dated October 20, 1978, of an
Official Statement describing the bonds, copies of which have been
provided each member of the City Council, is hereby approved as
the Official Statement of the City. The City Manager, in collabor-
ation with Wainwright & Ramsey Inc., may make such changes in the
proof of the Official Statement not inconsistent with this
resolution as he may consider to be in the best interest of the
City. The Official Statement shall then be printed and copies
provided to prospective bidders for the bonds. Following receipt
of bids and the award of the bonds, the City Manager shall arrange
for the delivery to the successful bidder for the bonds of up to
500 copies of the Official Statement to be delivered to the
persons to whom the successful bidder and members of his bidding
group initially sell the bonds.
9 .
10. After bids have been received and the bonds awarded,
the City Manager, the Mayor and the Clerk are hereby authorized
and directed to take all proper steps to have the bonds prepared
and executed in accordance with their terms and to deliver the
bonds to the purchaser thereof upon paytnent therefor.
11. Such officers of the City of Virginia Beach as may
be requested are hereby authorized to execute an appropriate
certificate setting forth the expected use and investment of the
proceeds of the bonds issued pursuant hereto in order to show
that such expected use and investment will not violate the pro-
visions of Section 103(c) of the Internal Revenue Code of 1954,
as amended, and regulations issued pursuant thereto, applicable
to "arbitrage bonds." Such certificate may be in such form as
shall be requested by bond counsel for the City.
12. The Clerk is hereby authorized and directed to see
to the immediate filing of a certified copy of this resolution
with the Circuit Court of the City of Virginia Beach.
13. The City Council agrees not to sell any general
obligation bonds of the City during the next 90 days following
the sale of the bonds without the consent of the managing under-
writer of the bonds.
14. All other resolutions or parts of resolutions in
conflict herewith are hereby repealed.
15. This resolution shall take effect immediately.
The uridersigned Clerk of the City of Virginia Beach,
Virginia, hereby certifies that the foregoing constitutes a
true and correct extract from the minutes of a regular meeting
of the Council of the Citv of Virginia Beach held on the 23rd
day of October, 1978, and of the whole thereof so far as appli-
cable to the matters referred to in such extract.
10.
WITNESS my hand and the seal of the City of Virginia
Beach, this 'i,13 day of October, 1978.
I
Cle@ , City ?f,,Virginia Beach,
Virginia @-;,
(SEAL)
I
NOTICE OF SALE EXHIBIT A
$36,300,000
CITY OF VIRGINIA BEACH, VIRGINIA
$19,900,000 General Obligation Water and
Sewer Bonds, Series of 1977B
$16,400,000 General Obligation Public Improvement
Bonds, Series of 1978
Sealed bids will be received for the Council of the City of Virginia
Beach, Virginia, until 11:00 a.m., Eastern Standard Time, on
November 15, 1978,
at the office of the City Manager, Administration Building, Municipal Center,
Virginia Beach, Virginia, for the purchase of botli issues of bonds of the
City of Virginia Beach described herein, at which time the bids will be
publicly opened.
The bonds will be dated December 1, 1978, and will mature in
installments on October 1 in years and amounts as follows:
Water Public Water Public
and Improve- and Improve-
Sewer ment Combined Sewer ment Combined
Year -Bonds Bonds Total - Year Bonds Bonds Total
1979 $540,000 $ - $ 540,000 1992 $ 580,000 $925,000 $1,505,000
1980 570,000 450,000 1,020,000 1993 650,000 925,000 1,575,000
1981 600,000 825,000 1,425,000 1994 720,000 925,000 1,645,000
1982 630,000 825,000 1,455,000 1995 640,000 925,000 1,565,000
1983 660,000 825,000 1,485,000 1996 720,000 925,000 1,645,000
1984 710,000 825,000 1,535,000 1997 790,000 925,000 1,715,000
1985 740,000 825,000 1,565,000 1998 870,000 925,000 1,795,000
1986 780,000 825,000 1,605,000 1999 960,000 - 960,000
1987 830,000 825,000 1,655,000 2000 1,050,000 1,050,000
1988 870,000 925,000 1,795,000 2001 1,140,000 1,140,000
1989 420,000 925,000 1,345,000 2002 830,000 830,000
1990 470,000 925,000 1,395,000 2003 2,600,000 2,600,000
1991 530,000 925,000 1,455,000
The bonds will be in coupon form without privilege of registration and will
be of the denomination of $5,000 each. Interest will be payable semi-
annually on April 1 and October 1, and both principal and interest will
be payable at the principal office of United Virginia Bank, Richmond,
Virginia, or Bankers Trust Company, New York, New York, at the option of
bearer.
Bonds maturing on or before October 1, 1988, are not subject to
redemption prior to maturity. Bonds maturing on or after October 1, 1989,
are subject to redemption prior to maturity at the option of the City on
2
or after October 1, 1988, in whole at any time or in part on any
interest payment date, upon payment of the principal amount of
the bonds to be redeemed plus interest accrued and unpaid to the
redemption date and a redemption premium of one-half of one
percent (1/2 of 1%) of such principal amount for each six month
period, or part thereof, between the redemption date and the
stated maturity dates of the bonds to be redeemed, provided that
the redemption premium shall not exceed 3% of such principal
amount. If less than all of the bonds are called for redemption,
the bonds to be redeemed shall be selected by the City Treasurer
in such manner as he may determine to be in the best interest of
the City.
The bonds of both issues will be general obligations of
the City of Virginia Beach secured by a pledge of its full faith
and credit. The General Obligation Water and Sewer Bonds will be
additionally secured by a pledge of the net revenue of the City's
water and sewer system.
Bidders are invited to name the rate or rates of interest
which the bonds are to bear, in multiples of 1/8 or 1/20 of 1%.
No more than six rates may be named, and the rate named for bonds
of any maturity shall not be less than the rate named for bonds
of any earlier maturity. All bonds of both issues maturing on the
same date must bear interest at the same rate, and interest shall
be represented by only one coupon for each interest payment date.
No bid for less than par and accrued interest and no bid for less
than all of the bonds of both issues will be considered. The
right to reject any or all bids and to waive irregularities in any
bid is hereby reserved. Unless all bids are rejected, the bonds
of both issues will be awarded to the bidder whose proposal results
in the lowest cost to the City, such cost to be determined by
deducting the total amount of any premium bid from the aggregate
amount of interest upon all of the bonds until their respective
maturities. The premium, if any, must be paid in funds as part of
the purchase price and will be allocated to each issue in the
proportion which the amount of such issue bears to the total of both
issues.
Each proposal should be enclosed in a sealed envelope,
marked on the outside "Bid for City of Virginia Beach, Virginia,
Bonds," should be addressed to the Council of the City of Virginia
Beach, c/o the Office of the City Manager, Administration Building,
Municipal Center, Virginia Beach, Virginia, and must be accompanied
by a certified or cashier's check for $363,000 drawn upon an
incorporated bank or trust company and payable unconditionally to
the order of the City of Virginia Beach, Virginia, to secure the
City against any loss resulting from the failure of the bidder to
comply with the terms of his proposal. The check of the successful
bidder will be deposited and credited on the purchase price and
no interest will be allowed thereon. The proceeds of the check
will be retained by the City as liquidated damages in case the
bidder fails to accept delivery of and pay for the bonds. Checks
of unsuccessful bidders will be returned promptly upon award of
the bonds.
The bonds will be delivered at The Signature Company, New
York, New York, at the expense of the City, on or about December 6,
1978, upon payment therefor in Federal Funds.
It is anticipated that CUSIP indentification numbers will be
printed on the bonds, but neither the failure to print such numbers
on any bond nor any error with respect thereto shall constitute
cause for a failure or refusal by the purchaser thereof to accept
3
delivery of and pay for the bonds in accordance with the terms of
his proposal. All expenses in connection with the assignment or
printing of CUSIP numbers shall be paid by the City.
The approving opinion of Messrs. Hunton & Williams of
Richmond, Virginia, with respect to the bonds of each issue will
be furnished to the successful bidder at the expense of the City,
will be printed on the back of the bonds and will state that the
bonds constitute valid and legally binding obligations of the City.
The opinion as to the General Obligation Public Improvement Bonds
will also state that the City Council is authorized and required
by law to levy and collect ad valorem taxes, without limitation as
to rate or amount, on all taxable property in the City to pay the
principal of and interest on the bonds. The opinion as to the
General Obligation Water and Sewer Bonds will also state that the
City Council is required to charge rates or fees to users of its
water and sewer system and fix and maintain such rates or fees at
such level as will produce sufficient revenue to pay the cost of
operation and administration, the cost of insurance against loss by
injury to persons or property and the principal of and interest on
the bonds and any other bonds and notes heretofore or hereafter
issued on account of such system and secured by a pledge of water
or sewer revenues, as the same respectively become due, to apply
such revenue to pay such costs and the principal of and interest
on such bonds and notes and to levy and collect ad valorem taxes,
without limitation as to rate or amount, on all taxable property in
the City if the net revenue of such system available to pay the
principal of and interest on the bonds, as the same become due,
is insufficient therefor.
There will also be furnished to the successful bidder (1)
a certificate signed by the officers who signed the bonds stating
that no litigation is then pending or, to their knowledge,
threatened to restrain or enjoin the issuance or delivery of the
bonds or the levy and collection of taxes to pay principal and
interest or in any manner questioning the proceedings and authority
under which the bonds are issued and (2) a certificate signed by
the City Manager and the Assistant to the City Manager for Finance
and Research relating to the City's Official Statement.
The City Council will be in session at 12:00 Noon on the
date of the sale for the purpose of taking prompt action on the
bids.
For further information relating to the bonds and the City
of Virginia Beach, reference is made to the City's Official State-
ment. Bidders are requested to use the bid form which, together
with the Official Statement, may be obtained from Giles G. Dodd,
Assistant to the City Manager for Finance and Research, Administra-
tion Building, Municipal Center, Virginia Beach, Virginia 23456
(telephone 804/427-4681), or from Wainwright & Ramsey Inc., 70 Pine
Street, New York, New York 10005 (telephone 212/425-9473).
The City will furnish to the successful bidder at the ex-
pense of the City up to 500 copies of the Official Statement to be
delivered to the persons to whom such bidder and members of his
bidding group initially sell the bonds.
CITY OF VIRGINIA BEACH, VIRGINIA
By: George L. Hanbury, II
City Manager
ITEM #12901
on motion by Councilwoman Oberndorf, seconded by Vice Mayor McCoy, and
b.v recorded vote as follows:
Ayes: Councilmen John A. Baurq, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoinan Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
!,Absent: Councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to adopt the following resolution expressing its
approval of Sentate Bill 291 as a means of curtailing and controlling
sexually actuated crimes, and direct the City Clerk to I-orward the
resolution to the Chairman of the Crime Coran@ission, Senator Stanley
E. Walker, and the co-chairman of the Bill, Senator Joseph Garlan
R E S 0 L U T I 0 N
Wf,'ER'EAS, the incidence o6 c'Lime atttibuted @'o .6exuat assauzt
has been o6 a conti)iuaf-ty incileasiiig amount in the Commonweatth
o6 Vitginia; and I
WHEREAS, the Geiie)Lat Assembey o6 Vi,%ginia has aa'teL due con-
side&ation and ztudy conducted thtough the e66ottz 06 conceaned
otganizations and individuaz4 Senate Bizz 291 which tvas adopted
by the Senate and caxaied ovet by tite flottse Juztice Committee and
te6e,tted to a Aubcommittee 6ok ztttdy and pubzic coinment; and
WHEREAS, pubzic conce4n ha4 indicated a zt4ong Auppo&t 6ok
the,adoption o6 Senate BIZZ 291 a,6 a ri@opet inean-6 oS in6ticting
puni-6hment upon those pet,6onz guizty o6 such c4ime,6-
'40W,
TI(EREFORE, the City Councit o6 the City o6 Vi)Lginia Beach,
doez by adoptiopi 06 tiiis xeso-eution, expke,66 it's appilovat o6 Senate
SiZZ 291 as a means o6 cu)Ltaiting and cont4oZZing zexuazzy actuated
c,time4.
Adopted by the City Councit o6 the City o6 Viaginia Beach, ViAginia,
on Octobet 23, 1978.
ITEM #12902
On rqotion by Councilman Holland, seconded by Councilworqan Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. R@@gs,
and Ma@l,or Pallrick L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, and Donald W. Merrick
City Council voted to hold a special rieeting on Wednesday, November 15,
1978, at 12:00 Noon, for the purpose of receiving the bids on ',-he sale
of the @19.9 Million General Obligation Water and Sewer Bonds of the
Clity of Virginia Beach:
ITEM #12903
On notion by Councilman Holland, seconded by Councilman Payne, and
by acclamation, the meeting adjourned.
Ridhard J. We @j on, City Clerk
City of Virginia Beach,
'Virginia
October 23, 1978