JULY 17, 1978
CITY OF VIRGIIII BEICI
MUNICIPAL CENTER
"Cul.dd'. E.Vk VIRGINIA BEACH, VIRGINIA 23456
.MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gh
VICE MAYOR J. HENRY M,COY JR.. D.D.S., K@.p,@ill, B.,..gh DONALB W. MERRICK, Ly-h ... @ B.... gh
JOHN A. BAUM, BI.,k..t@, B.-.gb MEYERA E. OBERNDORF, At L.,g.
F. REID ERVIN, At L.,g@ J. CURTIS PAYNE, P,i@,@@, A..@ B.... gh
GEORGE R. FERRELL, At L.," ROGER L. RIGGS, Vi,gi.i. 8@.,b B.,..gb
BARBARA M. HENLEY, P..g. B.,..gb A G E N D A RICHARD J. WEBBON,.City Cll,k
The City Oc)uncil of the City of Virginia Beach, Virginia, will assemble in the @nistration
Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m.,
on Yonday, July 17, 1978 for the purpc)se of oc)nducting public business and will hear and act
upon the following itenis:
1. Call to order by the Honorable Patrick L. Standing, Mayor, in the Council Conference ROM.
2. Roll Call of the Council.
3. @tion to recess into Infornal Discussion and Executive Sessim. Upon conclusion of the
Executive Session, City Cc)uncil will recc)nvene in the City Council rs.
4. Invocation will be given at 2:00 p.m., by the Reverend John H. Jordan, Jr., Galilee Episco-
paul Church, Virginia Beach, Virginia. Please r standing for the Pledge of Allegiance.
5. PD11 Call of the Cc)uncil.
6. Minutes of the Regular Meeting of July 10, 1978 to be presented for acceptance and approval.
7. All niatters listed under the cc)nsent agenda are oonsidered to be routine by the City
Council and will be enacted by one moticn in the form listed. There will be no separate
discussion of these itenis. It discussion is desired, that tiem will be remved from the
consent agenda and considered separately.
a. City Oouncil is r ted to approve on second reading an ordinance authorizing
the issuance of Public ITrprov@t Bonds of the City of Virginia Beach, Virginia,
in the amount of $16,400,000.
b. Letter from the City Manager reco ing that City Council approve an ordinance
to authorize acquisition of property in fee sinple for Bayville Park Sanitary Sewer
Project 6-304 either by acquisition or by condennation.
c. Letter frcm the City @ger rec ing that City Council approve the low bid of
A. Stuart Bolling Inc., in the amunt of $257,020.00 for the Princess Anne Road
Oc)rmector (48") Watermain (Kenpsville Borough), and further, authorize the City
Manager to enter into the necessary agr@ts in order to inplenent this project.
d. Letter from the City Manager reconuending that City Oc)uncil approve the low bid
of Suburban Grading and Utility, Inc., in the amunt of $394,146.90, for Cc)ntract
I, for the Seatack Area, Phase VI, Lynnhaven Borough; and further, authorize the
City Manager to enter into the necessary agr@ts for the inpl@tion of this
project.
City Council is, also, requested to reject all bids on Contract II and rebid for
the project within thirty days.
e. Letter frcm the City Manager r ding that City Council approve the following
Cer-tificates of Public Convenience:
Currently
y Authorized Requested
Independent Taxi y
Mr. Granville Jams 0 1 (@ified from 6)
Jerry's Plaza Taxi Ccnpany 0 1
Mr. Jercm B. Chatfield
f. Letter from the City Mnager re ding that City Council approve the following
Bingo/Raffle Pe=Lit:
Virginia Recreation and Park sc>ciety (Renewal) Bingo/Raffle
ty Treasu7-@r, for tax refunds in the --t of
Cgbi.' John Atki-,ison, Ci
$824.02.
8. Letter frorn the CitY @lanager reco@ding that City Council aidpr- the following
ordinance and resolutioris regardi-ng the purchase of Kenpsville and County Utilities:
1. A @uticn authorizing the ex@tioii of an a_qre@t to purchase the stock
of lle Utilities Corporation.
2. A @lution authorizi-ng tlie execution of %i ac,,reenent to purchase the stock of
County Utilities Corporation.
3. An authorizing the issuance of water and sewer revenue notes of the
city of Virginia Beach, in an @unt not to exceed $2,050,000 and $300,000,
water and @ revenue bonds of the City of Virginia Beach. (first reading)
4. An Ordinance authorizing the issuance of water and sewer revenue notes of the
City of Virginia Beach, in an amunt not to cxccod $1,650,000 Aid $1,00,000 wate@-
revenue bonds of the City of Vir(J-Ln-ia Beach. (first reading)
9. Letter frcm the City Manager reco@dincr th-dt city cout'cil aLDprove a Resolution
authorizing the issuance and sale of $16,400,000 Public improvenent Bonds, series
of 1978, of the City of Virginia Beach, Virginia, hereto authorized, and providing
for the fonn, details and paymnt thereof; and further, approve a Resolution authorizing
the issuance and sale of $16.4 n-Lillion in general obligation bonds which will be sold
in
10. Letter ft= the City Manager transnatting the reco@dation of the Plarming Co@.. ssion
for denia.1 of the application of Sea Bay Developmnt Corpc)ration for a change of zon:h-ig
fran R-7 @sidential District to B-2 Co@ity-Business District on a 5.63 acre I)arcel
located on the nortli side of Norfolk Avenue (Virginia Beach Borough) . Deferred for 120
days on Feb 27, 1973, and for two weeks on July 3, 1978.
11. Letter from the City Manager transnutting the reco@dation of the Planning Cc)@ssion
for approval of the application of Caneron A. 14mden, etal., for changes of zoning froi@n
AG.-l Agricultural District to B-2 Co@ity Business District on a one acre parcel, and
fran Ag-1 Agricultural District to R-8 Residential District on a 9.7 acre parcel located
on the west side of Oceana Boulevard, south of Harper Poad (Princess Anne Borough)
Deferred frcrn July 10, 1978.
12. Letter from the City Manager trans@tting the recc)@dation of the Planning Cormssion
for derlial of the application of Geraldine Y. Stephens for a change of zoning from R-6
Residential District to B-2 Com=ity Business District on a 1.36 acre parcel located
on the south side of Old Virginia Beach Road, east of South Birdneck Road (Lynnhaven
Borough).
13. Letter frcm the City Manager trans@tting the re ation of the Plarming Co,=ssion
for approval of the application of Barrett R. and @larion Q. Bryant for a change of zoning
frcm R-5 @idential District to A-1 Ap@t District on a .28 acre parcel located on
the west side of Downey Drive, south of Princess Anne RDad (KeRpsville Borough) .
14. Letter from the City manager tran@tting the reco @dation of tlie Plaminci Co.@. ssion
for denial of the application of John D. DeJarnette for a change of zoning from TZ@8
Residential District to B-2 Co.@ity Business District on a .39 acre parcel located at
the intersection of Princess Anne and Bellingham Poads (K@sville Borough) .
15. Loetter frcm the City Manager trans@tting the recoim-endation of the Planning Cor@m'ssion
for withdrawal of the applicatim of Trustees of the @k Church for a change of zoning
f A-1 ApartnL-nt District to A-4 Ap . t District on a 25.511 acre parcel located
at the southwest intersection of Kenpsville Road and Locke Lane (K@sville Borough) .
16. Letter from the City Mznager transputting the reco@dation of the Planning Co@, ssion
for denial of the application of Robert L. and @ J. Rea for a change of zoning from.
R-6 Residential District to 0-1 Office District on a 1.70 acre parcel located on the
east side of Kenpsville Borough, south of Lidian River Road (KaTsville Borough).
@L@.L @.L"Li Lill- L.LCY transiutting @ reco -@dation of the Planning comussion
for withdrawal for the application of Stanley E. and Alvis M. Oliver for a change of
zon g from R-3 Residential Distrj-ct to R-9 Residential T@ouse District on a 14.957
acre parcel lc)cated at the southwest intersection of Wishart Road and Witchduck Rc)ad
(Bayside Borough).
19. @tter frorn the City MaLnager transndtting the reconmndation of the Plarming Conm'ssion
for denial of the application of Richard Q. Randolph for a change of zoning from R-5
Residential District to B-2 Com=ity Business District on a .344 acre parcel located
on the south side of Tuiip Drive, west in Independence Boulevard (Bayside Borough).
20. Letter frcrn the City @ager trans@tting the reco@dation of the Planning Coadssion
for approval of the application of iams C. and Lois J. Hickr.-an for a change of zoning
frcin R-8 Residential- District to 0-1 Office District on a .4708 acre parcel located on
the south side of Providence Road (Relocated) , east of Beryl Avenue (K@sville Borough)
21. Le-@ter from the City llanager transnlitting the reco@dation of @ Planning comu@ssion
for denial of the application of Winner Corporation for a conditional use perndt for a
recreational facility of an outdoc)r nature (go-cart track) on a 3 acre parcel located on
the east side of Holland Road, south of North Landstown Road (Princess Anne Borough).
22. Letter frorn the City Yanager trans@tting the reoo@ndation of the Planning Cc)@ssion
for approval of the application of Menno S. and Elva Y. Beiler for a conditional use
pennit for a trailer to be located on parcels containing 281.99 acres. These parcels
are both sides of Salem Road, east of Highland Drive (Kezpsville Borough).
23. @tter from the City Manager transniitting the rec@dation of the Planning Cormssion
for approval of an ordinance to amnd the Master Street and ilighway Plan dated Decenber
16, 1974 pertaining to Independence Boulevard, Oceana Parkway, London Bridge Road and
Seaboard Road.
24. Letter fr(xn the City Manager transndtting the reco@dation of the Planning ComTLission
for approval of an ordinance to a.,id reordation Sections 1401, 1402 and 1403 and to
add sections 1411, 1412 and 1413 to Title I, Article 14 of the CZO relating to Wetlands.
25. Letter frcm the City Manager tran@tting the reco@datioii of tlie Planning Conmssion
for approval of an or ce to @d and reordain Article 5, Part D, Sections 531(c)
and 533 (a) of the CZO pertaining to Yuseunis, Ar-t Galleries, and Libraries.
26. Old business, deferred from the previous meting including any report of the Mayor or
Comnittees nan-ed by Council.
27. New business, including any presentations by Council rs, Citizens and Organizations.
a. Mrs. Bobbye Michaels, President, First Colonial Civic League, wishes to appear before
City Council to discuss rnatters concerning the installation of ,iater lines.
28. Yjotion for adjo@t.
MTNUTES OF THE HONORABLE CITY COUNCIL
OF THE
CTTY OF VTRGINIA BEACH, VIRGINIA
July 17, 1978
The 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,
July 17, 1978, at 1:00 p.m.
Council Members present: John A. Baum, George R. Ferrell, Council-
woman Barbara M. Henley, Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members absent! F. Reid Ervin*, Clarence A. Holland***,
and Vice Mayor J. Henry lIcCoy, Jr.**
ITEM #12453
Mayor Standing entertained a motion to permit Council to conduct
an informal meeting to be followed by an executive session for
the purpose of discussing the following:
1. Discussion or consideration of enployment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body.
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property.
3. The protection of the privacy of individuals
in personnel matters not related to public business.
On motion by Councilman Ilerrick, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman
Barbara M. Henley, Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick
L. Standing
Nays: None
Absent: Councilmen F. Reid Ervin, Clarence A. Holland, and Vice
Mayor J. Henrv liccov. Jr.
City Council voted to proceed into the executive session following
the informal discussion.
ITEM #12454
The City Manager stated that the acquisition of County-Kempsville
Utilities was placed on the agenda for informational purposes only.
The City Manager stated that Council's rejection of the offer made
by Mr. Waranch gave the City Manager a stronger position in whicb
to negotiate. Mr. Waranch did reduce his offer by $300,000, makin@,
a total of $3,700,000 for the purchase of the Utility system, and
$300,000 for the park. The $600,000 will remain in the bank to
permit tbe City to hook-up to HRS@.
The City Manager further stated that there was an error in the
letter submitted to Council regarding the deadline. The letter
stated September 17, 1978, as the deadline, however, it should
have read July 17, 1978, as the deadline.
*Councilman Ervin entered meeting at 1:05 p.m.
**Vice Mavor McCoy entered meeting at 1:05 p.m.
***Councilman Holland entered meeting at 1:45 p.m.
ITEM #12455
Mr. Robert J. Scott, Planning Director, presented a report to
Council regarding the proposed street name change for Bethune
Drive. As there are several Bethune Drives in the area, the
residents are having a difficult time receiving their mail and
other items.
The Planning Department is planning to renumber the streets and
rename all to Bethune Drive. The streets to be changed are as
follows:
500 Block of North Bethune Drive
400 Block of North Bethune Drive
400 Block of East Bethune Drive
400 Block of Bethune Court
400 Block of Bethune Drive
ITEM #12456
The Citv Manager stated that Mr. Clav Prepared a report for Council
regarding the use of the Council Chambers by organizations other than
Council.
The City Manager stated that depending upon availability, the Council
Chambers could be available for public gatherings of a civic, cultural,
or educational character, but not for social gatberings, entertainment,
etc., nor or they available for political, partisan, or religious
purposes.
Scheduling of such meetings would be coordinated by the DepaTtment
of General Services and the Public Information Office. As both
agencies have night staffs, no additional personnel services would
be required.
Councilwoman Oberndorf requested each organization be given a
status sheet stating the rules, time limit, etc.
ITEM #12457
Mr. Robert J. Scott, Planning Director, stated that coming before
Council, on the formal agenda, is a change in the Master Street
and Highway Plan. The following streets are involvedt
Independence Boulevard
Oceana Parkway
London Bridge Road
Seaboard Road
This proposed series of changes is designed to officially reflect
the previously approved realignment of Independence Boulevard
through Green Run, the existence of Oceana Parkway, and improve-
ments to both London Bridge Road and Seaboard Road, precipitated
by continued development in this area.
This amendment would shift the alignment of Independence Boulevard
to the west of its present position so that it may conform with tbe
Green Run Master Plan. The proposed right of way would remain 110
f e e t .
Oceana Parkway, running from Lynnhaven Parkway to London Bridge Road
through the Oceana West Industrial Park, will be officially designated
on the city's Master Street and Higbway Plan. It currently consists
of two lanes, but is intended to ultimately be four lanes with a 90
foot right of way. No additional right of way is necessary,
Along the present alignment of London Bridge Road, the right of way
would be increased from 50 feet to 90 feet from Shipp's Corner Road
Extended to Oceana Boulevard.
Seaboard Road would also be extended northward from Princess Anne
Road to Harpers Road at a widtb of 90 feet.
Vice Ilayor McCoy requested Council to hold a briefing on this
matter the first part of September.
ITEM #12458
The City Manager request Council to permit him to fill the following
positions with salaries of $16,000 or above:
Superintendent of Recreation - death of Kenneth Cole
Superintendent of Garage - retirement of LeRoy Dixon
City Physician -
Public Utilities Engineer - resi-.nation of Gary Jones
Mental Health Supervisor II -
The starting salaries for the positions are as follows:
Superintendent of Recreation - $19,440
Superintendent of Garage - $19,440
City Physician - $38,280
Public Utilities Engineer - $21,360
Mental Health Supervisor 11 - $17,520
ITEM #12459
Tbe City Manager stated that CouncilmanErvin had requested information
regarding aggregate bond commitments for future tise.
The City Manager prepared a report for Council regarding this matter,
a copy of wbich is on file in the office of tbe City Clerk.
ITEM #12460
The City Manager stated that at last week's Council meeting, Councilman
Metrick requested information about a fill permit on Great Neck Road,
The City Manager informed Council that the fill permit was issued
on September 9, 1976, for the Kem Stock Office Park, There were
no wetlands involved.
ITEM #12461
At 2:15 p.m., City Council reconvened in the Council Chambers with
the following Members present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald
W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
The invocation was given by the Reverend John H. Jordan, Galilee
Episcopal Church, followed by the Pledge of Allegiance.
ITEM #12462
On motion by Councilman Ferrell, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following Resolutions of Appreciation
to former Councilmen Robert B. Cromwell, Jr., John R. Griffin, and
Floyd E. Waterfield, Jr.; and presented plaques to the following former
Mayors of the City of Virginia Beacb:
Honorable Frank A. Dusch - January 1, 1963-August 31, 1970
Honorable Donald H. Rhodes - September 1, 1970-June 30, 1972
Honorable Robert B. Cromwell, Jr. - July 1, 1972-June 30, 1974
Honorable J. Curtis Payne - July 1, 1974-June 30, 1976
Honorable Clarence A. Holland - July 1, 1976-June 30, 1978
ITEM #12463
Mayor Standing presented a Proclamation to the Cape Henry Women's
Club proclaiming the week of July 16, 1978 through July 22, 1978
as Lotus Festival Week.
ITEM #12464
On motion by Councilwoman Oberndorf. seconded bv Councilman Ervin,
and bv recorded vote as follows:
Aves: Councilmen John A. Baum. F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the minutes of the special meeting
of July 10, 1978, and dispensed with the reading of said minutes
inasmuch as each Council Member had a copy.
ITEM #12465
On motion by Councilwoman Oberndorf, seconded by Councilwoman Henley,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing.
Nays: None
Absent: None
City Council voted to approve the minutes of the regular meeting
of July 10, 1978, with a correction, and dispensed with the
reading of said minutes inasmuch as each Council Member had a copy:
Item #12410 - Informal meeting should begin at
5:30 p.m. and the formal at 7:00 p.m.
ITEM #12466
On motion by Councilman Holland, seconded by Councilman Merrick,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara '@4. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald 14. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following consent agenda with
the exception of 7e, which will be voted on separately:
ITEM #12467
On motion by Councilman Holland, seconded by Councilman Merrick,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve on second reading the following
ordinance authorizing the issuance of Public Improvement Bonds
of the City of Virginia Beach, Virginia, in the maximum amount
of $16,400,000:
AN ORDIIQANCE AUTHORIZIIG THE ISSUANCE
OF PUBLIC L@MPROVEMENT BONDS OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, IN THE
MAXIMUM AMOUNT OF $16,400,000
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach to construct and improve various
public facilities and improvements, all of which will promote
the development and public welfare of the City, and to borrow
money for such purposes and issue the City's general obligation
bonds therefor.
2. Pursuant to the authority of the Charter of the City
of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended)
and the Public Finance Act, as amended, there are hereby authorized
to be issued public improvement bonds of the City of Virginia
Beach in the maximum amount of Sixteen Million Four Hundred
Thousand Dollars ($16,400,000) to provide funds, together with
other funds that may be available, for the following purposes:
Planning, site acquisition and improvements,
construction, enlargements, renovation and
equipping of school facilities $ 7,014,543
Improve and extend streets and highways,
including right of way acquisition 321,256
Construction and improvements of surface
drainage facilities 437,814
Planning, site acquisition and improvements,
construction, enlargements, renovation and
equipping of municipal buildings, including
arts and conference center, administration
building, operations building, social service
building, sanitation office and service
building, and circuit and general district
courts buildings 8,016,387
Development of two new parks and reconstruc-
tion and renovation of community center 610,000
Total $16,400,000
Any amounts not needed for any of such purposes may be used for any
2
other of such purposes.
3.- The bonds shall bear such date or dates, mature at
such time or times not exceeding forty years from their dates,
bear interest at such rate or rates not exceeding the maximum
rate permitted by law at the time the bonds are sold, be in such
denominations and form, be executed in such manner and be sold
at such time or times and in such manner, including the sale of
the same as one or more separate issues or in combination with
the sale of general obligation bonds heretofore or hereafter
authorized for similar or other purposes, as the Council shall
hereafter provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City
of Virginia Beach for the payment of principal of and interest
on which its full faith and credit shall be irrevocably pledged.
5. This ordinance shall take effect immediately.
Appro 17 day of July, 1978.
By
First Reading:- July 10, 1978
Second Reading: July 17, 1978
ITEM #12468
On motion by Councilman Holl-and, seconded by Councilman Merrick,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry @IcCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Rager L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following ordinance to authorize
acquisition of property in fee simple for Bayville Park Sanitary
Sewer Project 6-304, either by acquisition or condemnation:
AN ORDINANCE TO AUTHORIZE ACQUISI-
TION OF PROPERTY IN FEE SIMPLE FOR
BAYVILLE PARK SANITARY SEWER PROJECT
6-304 EITHER BY ACQUISITION OR BY
CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the construc-
tion and installation of this important project to provide sewer and
for other public purposes for the preservation of the safety, health,
peace, good order, convenience, morals and welfare of the people in
the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
SECTION 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to Section
15.1-236, et seq., and Section 33.1-89, et seq., Code of Virginia of
1950, as amended, all that certain real property in fee simple as
shown on the plans entitled SANITARY SEWER SYSTEM FOR BAYVILLE PARK
these plans being on file in the Office of Real Estate, Department of
Public Works, Virginia Beach, Virginia.
SECTION 2. The City Attorney is hereby authorized to
make or cause to be made on behalf of the City of Virginia Beach a
reasonable offer to the owners or persons having an iterest to said
land, if refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
SECTION 3. That an emergency is hereby declared to exist
and this ordinance shall be in full force and effect from the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 17 day of July -, 1978.
ITEM #12469
The following bids have been received for the Princess Anne Road
Connector (48") Watermain, in the Kempsville Borough:
A. Stuart Bolling, Inc. $257,020.00
A. Stanley Mundy & Co. 259,406.85
Suburban Grading & Utility, Inc 315,040.00
Basic Construction Company 339,869.00
Engineer's Estimate $265,484.00
On motion by Councilman Holland, seconded by Councilman Merrick,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Ilerrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the low bid of A. Stuart Bolling,
Inc., in the amount of $257,020.00 for the Princess Anne Connector
(48") watermain; and further authorized the City Manager to enter
into the necessary agreements in order to implement this project.
ITEM #12470
The following bids have been received for the Seatack Area,
Phase VI - Contract I, in the Lynnhaven Borough:
Suburban Grading & Utility, Inc. $394,146.90
Vico Construction Corporation 420,309.00
Engineer's Estimate $461,397.00
On mation by Councilman Holland, seconded by Councilman Merrick,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. lierrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the low bid of Suburban Grading
& Utility, Inc., in the amount of $394,146.90, for the Seatack
Area, Phase VI - Contract 1; and further authorized the City
Manager to enter into the necessary agreements for the implementation
of this project.
ITEM #12471
The following bids have been received for the Seatack Area,
Phase VI - Contract 11 - in the Lynnhaven Borough:
Gavco Corporation $101,000.00
Bayport Construction Corp. 117,475.00
Crowder Contracting Company, Inc. 122,800.00
Luke Construction Company, Inc. 124,500.00
Engineer's Estimate $ 70,000.00
on motion by Councilman Holland, seconded by Councilman Merrick,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to reject all bids on Contract II, as the low
bid is approximately $51,400 more than the low bid for the Seatack
II station; and further authorized the City Manager to rebid for
Contract II within thirty (30) days.
ITEM #12472
On motion by Councilman Holland, seconded by Councilman Merrick,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Ilolland, Vice Mayor
J. Henry McCoy, Jr., Donald W. 14errick, Couiicilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and @layor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the renewal bingo/raffle permit for
Virginia Recreation and Park Society.
ITEM #12473
On motion by Councilman Holland, seconded by Councilman Merrick,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara @l. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following tax refunds in the
amount of $824.02:
ulloIN C, Datc. 775-78 RR
"O@@s -
Az,,L)
-@E IT O.,tDAIt'ED 13Y OF
Til,tt the
n@ for rE,
upoa ccrtificati,, of thc
Treas,-,rer are hereb)@ app)L,c,,c,
38.50
_Ak
P'ID @F,%ALTY
E. 6 K. j. Shields 1978
147589 1-@24-78
"@4@381 1-16--78
J-24/433 1-24-78
es T. Rodriguez 119'@42 1-16-78
1978 @1138'-@L2
6--21-78
ius E- Foster Jr. 1978 85551.) 6-1-,78
lbur M. Tur,,r 15.0.0
i978 6 1-13-78
ona B. 7.. 5.0.-
Stenzhorn 1978 674t
1-27-78
I-rx Sa'unders .7.50-
978
3 6
1-18-78
7,50
il, 1. Anderson 19/18
t !'6
1 --30-- 78
7.50
M-'Stamton Jr. 1978
78
7:50
hard P. Pinc kney 1978 'Z'911 2
7.50
es A. Daubert 1973 1-@30-78
1. 19.-i8
don K.-Deafenbaugh 7.50
19/8
1--13- 78
7.56
J- Wesley Clemens 1,
978 '2 1,2 8'! I /8
7.50
Id & Lee Morrison igy8
7 8
ryn J. mill,, 7.50
igan
1978 4,19
D. & Rose L. 7.50
Hill 1978
7.50-
e @bove abate,-aent(s) tot,
-,2re by
the ci@ Of V" tO Payment;
ach on the 17 day of July
I.N PI t 7-:7-78 RR
tillo,4
ANI) iii,o@,@'
)FOR. I'AYT ii l'
BE IT O@RDAIZ'rD BY 111@- CO(i@'C:ff, OF 'fife (;!IY OF 111-@'(;I"IA 1,EACII, VIPGINIA-
Th@it the fol-lo-,4@rig fo@ la@-. tipoi ce-rttficatiorx of the
Treasurer are hereby approved:
5.52
NA,\C YEAII OF TAY, L@,LBER NO. P-,ID IIENALTY INT. TOTA.L
Stroud, Otto M. 1978 111) 1- I 00 ],'-i 5-24-78 25.68
Gardner, Lindsey K. 1978 Pi' 33@'il7 6--l-78- 16.20
Lea.seway of Va. Inc. 1978 PP 54663 5-24-78 283.98
9466@4 283..98
McLeskey, F. Wayne 1978 RE'-)/@ 4'-)895 6-1-78 45.6,8-
Ge orge M. Goss 1978 cl) -1@12688 1-9-78
.7. 5.0-
1i26P9- 7.50
11.2690 7.50
Glidys M. Brinkley 1978 ('11) l@5068 1-11-78
7.50
The above abate,-aent(@;) payment;
$ 6 8 5 . 5 2 were apprcj,/c-@ by
the Council of the City ,f Vire:@,ti@ta
Beach on the d@il, (:)f July
i T. AT INS(
form-
Richard J. Wcts@bon, Cit,,y
City Attorney
ITEM #12474
Mr. H. Calvin Snain, Attorney, appeared in oppositi.n.
After considerable discussion, Co,ncil@Ma, Rig@s made a motion,
seconded by Councilman Holland, to d@ny th@ request of Independent
Taxi Company, and Jerry's Plaza Taxi Company for Certifi,a tes of
Public Convenience. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, Clarence A.
Holland, and Roger L. Riggs
Nays: Councilmen F. Reid Ervin, Councilwoman Barbara M. [Ienley,
Vice Mayor J. Henry @IcCoy, Jr., Donald W. Merrick, Councilwoman
@leyera E. Oberndorf, J. Curtis Payne, and blayor Patrick L. Standing
Absciit: None
The above motion to deny the request of Independent Taxi Company,
and Jerry's Plaza Taxi Company for Certificates of Public Con-
venience was lost.
ITEM i,'12474(a)
Vice Mayor McCoy made a motion, seconded by Councilwoman Oberndorf,
to approve the request of Independent Taxi Company and Jerry's Plaza
Taxi Company for Certificates of P@blic Conve,ienc,. The recorded
vote is as follows:
Ayes: Councilmen Jolin A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. lfenley, Clarence A. Holland, Vice Mayor
J. flenry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Rager L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the request of Independent Taxi
Company and Jerry's Plaza Taxi Company for Certificates of Public
Convenience, for one (1) taxi each.
ITEM #12475
An Ordinance upon Application of Menno S. and Elva Y. Beiler for a
Conditional Use Permit for trailers oii Parcels located on the North aiid
South sides of Salem Road.
Parcel 1: Located oii the South side of Salerii Road beginnirig at a point 540
feet more or less West of Highland Drive, i-tiniling a distance of 330 feet
more or less along the South side of Salem Road, rtinning a distance of 770
feet in a Southerly direction, running a distance of 290 feet in a Westerly
direction, running a distance of 120 feet in a Nort@ierly direction, running
a distance of 110 feet in an Easterly direction, running a distance of 750
feet in a Noi@therly direction, running a distarce of 40 feet along the
South side of Salem Road, running a distanc,,e of 230 feet iri a Southwesterly
direction, running a distance of 230 feet in a Northwestel-ly direction,
running a distance of 970 feet iii a Southwesterly di)-ection, running a
distance of 2500 feet in a Southeasterly directiori and running a distance
of 2270 feet in a Northerly direction.
Parcel 2: Located on the t;orth side of Salem Poad beginning at a point 110
feet more or less East of Highland Drive, rlinning a distance of 2730 feet
along the Southern property line of which 2420 feet is tfle Not,th side of
Salem Road, running a distance of 1570 feet in a Northeasterly direction,
running a distance of 280 feet in a Noi-thwesterly direction, i-tinning a
distance of 1000 feet in a Northerly directiori, rlinning a distance of 100
feet in a Northeasterly dii-ection, r@innirig a ciist-,rice of 2000 feet in a
Southeasterly direction, running a distaiic(,, of 1130 feet in a Southerly
direction, running a distance of 80 feet in an Easterly direction and
running a distance of 2650 feet in a So(it@.westtrly clirect@on.
Said parcels contain 281.99 acres. Plats w-ith niore detailcd infor,mation
are available in the Departinent of Planriing. KE@lP@IVILI-E BOROL)rH.
On motion by Councilman Ferrell, seconded by councilmail Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: 14one
Absent: None
City Council voted to adopt the followin@ ordinance upon application
of @lenno S. ancl Elva Y. Beiler for a Conditional Use Permit for trailers:
ORDINA14CE UPON APPLICATION OF MENNO S. AND ELVA R0778201
Y. BEILER FOR A CONDITIO14AL USE PERMIT FOR trailers
BE IT ORDAINED BY T14E COUNCIL OF TliE CITY OF VIRGINIA BEACII,
VIRGINIA, that:
An Ordinance upon Application of Menno S. and Elva Y. Beiler for a
Conditional Use Permit for trailers on Parcels located on the lqorth
and South sides of Salem Road.
Parcel 1: Located on the South side of Salem Road beginning at a
point 540 feet more or less lqest of Highland Drive,
running a distance of 330 feet more or less along the
South side of Salem Road, running a distance of 770 feet
in a Southerly direction, running a distance of 290 feet
in a 14esterly directiori, running a distance of 120 feet
in a Northerly direction, running a distance of 110 feet
in an Easterly directioii, rutaiiing a distance of 750 feet
in a Northerly direction, ruiining a distance of 40 feet
along the South side of Salem Road, running a distance of
230 feet in a Southwesterly direction, running a distance
of 230 feet in a Nortiiwesterly directioti, runiiing a dis-
tance of 970 feet in a Soutliwesterly direction, runnin@ a
distance of 2500 feet in a Soutlieasterly direction and
running a distance of 2270 feet in a Northerly direction.
Parcel 2: Located on the North side of Salem Road beginning at a
point 110 feet more or less East of Ili@.hland Drive,
running a distance of 2730 feet along the Southern pro-
perty line of which 2420 feet is the North side of Salem
Itoad, running a distance of 1570 feet in a Northeasterly
direction, running a distance of 280 feet in a Northwesterly
direction, running a distance of 1000 feet in a Ilortherly
direction, running a distance of 100 feet in a Northeasterly
direction, running a distance of 2000 feet in a Southeasterly
direction, runiiing a distance of 1130 feet in a Southerly
direction, runiiing a distance of 80 feet in an Easterly dir-
ection and running a distance of 2650 feet in a Southwesterly
direction.
Said parcels contain 281.99 acres. Plats with more detailed information
are available in the Department of Planning. Kempsville Borough.
Approval of this request is subject to the following conditions:
1. Septic tank approval is subject to a soil evaluation
of this site.
2. The mobile home is to be located on that portion of
the site zoned AG-1 Agricultural District
3. Permit limited to five (5) years.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of tlie City of Virginia Beach, Virginia,
on the - 17 day of July 1 1978.
ITEli #12476
Mr. Robe rt McSwe en ey appeare d in opposit ion to the purchase by the City
Af ter cons iderable discussion, Counci Iman @@4errick made a mo tion,
seconded by Councilman Riggs, to reject the offer made by County-
Kempsville Utilities for the purchase of the Utilities. The
recorded vote is as follows:
Ayes: Councilmen F. Reid Ervin, Geor-.e R. Ferrell, Councilwoman
Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald Ii.
Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Rigg.
Nays: Councilmen John A. Baum, Clarence A. Holland, and Mayor
Patrick L. Standing
Absent: None
City Council voted to reject the offer made by Council-Kempsville
Utilities for the purchase of the utilities.
ITEM #12477
on motion by Councilman Merrick, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. lienley, Clarence A. Holland, Vice Ilayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Ro@.er L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve an second reading the following
resolution authorizing the issuance and sale of $16,400,000
Public Improvements Bonds, Series of 1978 , of tlie Ci ty of Virgin ia
Beacii, Virginia, heretofore authorized, and providilig for the form,
details and payment thereof:
At a regular meeting of the Council-of the City o@@ Virginia
Beach, Virginia, held on the 17 day of July, 1978, at which
the follgwing members were present and absent:
PRESENT:
Councilman John A. Baum
Councilman F. Reid Ervin
Councilman George R. Ferrell
Councilwoman Barbara M. Henley
Councilman Clarence A. Holland
Vice Mayor J. Henry McCoy, Jr.
Councilman Donald W. Merrick
Councilwoman Meyera E. Oberndorf
Councilman J. Curtis Payne
Councilman Roger L. Riggs
Mayor Patrick L. Standing
ABSENT:
the following resolution was adopted by the affirmative roll cal'@
vote of at least tv7o-thirds of the 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
Councilman George R. Ferrell Aye
Councilwoman Barbara M. Henley Aye
Councilman Clarence A. Holland Aye
Vice Mayor J. lienry McCoy, Jr. Aye
Councilman Donald W. Merrick Aye
Councilwoman 4eyera E. Oberndorf Aye
Councilman J. Curtis Payne Aye
Councilman Roger L. Riggs Aye
Mayor Patrick L. Standing Aye
RESOLUTION AUTHORIZING THE TSSUANCE AND SALE
OF $16,400,000 PUBLIC IMPROVEMENT BONDS,
SERIES OF 1978, OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, HERE7@OFORE AUTHORIZED, AND PROVIDING
FOR THE FORM, DETAILS AND PAYMENT THEREOF
WHEREAS, the issuance of $16,400,000 Public Improvement
Bonds of the City of Virginia Beach was authorized by ordinance
adopted by the Council of the City of Virginia Beach on July 17,
1978, to provide funds, together with other funds that may be
available, for the following purposes:
2
Planning, site acquisition and improvements,
construction, enlargements, renovation and
equipping of school facilities $ 7,014,543
Improve and extend streets and highways,
including right of way acquisition 321,256
Construction and improvements of surface
drainage facilities 437,814
Planning, site acquisition and improvements,
construction, enlargement, renovation and
equipping of municipal buildings, including
arts and conference center, administration
building, operations building, social service
building, sanitation office and service
building, and circuit and general district
courts buildings 81016,387
Planning, site acquisition and development
of new parks and reconstruction and renova-
tion of community center 610,000
Total $16,400,000
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. There are hereby authorized to be issued and sold
$16,400,000 public improvement bonds of the City of Virginia Beach,
Virginia.
2. The bonds shall be coupon bonds without privilege of
registration, shall be designated "Public Improvement Bonds, Series
of 1978," shall be dated December 1, 1978, shall be of the denomi-
nation of $5,000 each, shall be numbered from I to 3,280, inclus3*.ve,
and shall mature in installments of $450,000 on October 1, 1980,
$825,000 on October 1 in each of the years 1981 to 1987, inclusive,
and $925,000 on October I in each of the years 1988 to 1998,
inclusive. The bonds shall bear interest at such rate or rates
as determined at the time of sale, payable semianiiually on April 1
and October 1. Both principal and interest shall be payable in
lawful money of the United States of America at the principal office
of such bank in Norfolk or Richmond, Virginia, and at such bank in
New York, New York, at the option of bearer, both as designated by
3
the City Manager prior to the advertisement of the bonds for sale.
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
principal amount Of
interest payment date, upon payment of the
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 date of the bonds to be redeemed, provi@ed 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 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 countersigned
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.
5. The bonds and coupons shall be in substantially the
following form:
4
(FORM OF BOND)
No. $5,000
UNITED STATE-B OF A-MERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
Public Improvement Bond, Series of 1978
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 1 upon presenta-
tion and surrender of the attached coupons as they become due.
Both principal of and interest on this bond are payable in lawful
money of the United States of America at the principal office of
Virginia, or
New York, New York, at the option
of bearer.
This bond is one of an issue of $16,400,000 public improve-
ment bonds of like date and tenor, except as to number, rate of
interest, maturity and privilege of redemption, authorized by
ordinance duly adopted by the Council of thle City of Virginia
Beach on July _, 1978, and is @@ssued 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, together with other available funds, for acquiring, con-
structing, improving and equipping various public facilities and
improvements.
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 princ4-pal 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 td 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 r6deemed 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.
The full faith and credit of the City of Virginia Beach
are hereby irrevocably pledged for the payment of principal of
and interest on this bond.
All acts, conditions and things required by the Constitution
and statutes of the Cormnonwealth 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 Common-
wealth of Virginia.
6
IN WITNESS l,HEREOF, the City of Virginia Beach, Virginia,
has caused this band to be signed by the facsimile signature of
its Mayo." to be countersigned by its Clerk, a facsimile of its
seal to be printed hereon, the attached coupons to be authenti-
cated 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 Mayor, City of Virginia
Beach, Virginia Beach, Virginia
(FORM OF COUPON)
No. $
April
On October 1, 19-, unless the bond to which this coupon
is attached has been duly called for prior redemption and provision
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 Virginia,
or New York, New York, at the option
of bearer, being the interest then due on its Public Improvement
Bond, Series of 1978, dated December 1, 1978, and numbered
Clerk, City Mayor, City of Virginia
Beach, Virginia Beach, 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. There shall be levied and collected
7
annually on all taxable property in the City an ad valorem tax over
and above'all other taxes authorized or limited by law sufficient
to pay such principal and interest as the same respectively be-
come due and payable.
7. The City Manager is hereby authorized and directed
to take all proper steps to advertise the bonds for sale substan-
tially in accordance with the Notice of Sale attached hereto as
Exhibit A; provided, however, that he shall (a) designate the
paying agents, (b) in collaboration with Wainwright & Ramsey
Inc., the City's Financial Consultant, select the sale @ate and
time, and (c) complete the Notice of Sale accordingly, and pro-
vided, further, that the City Manager, in collaboration with
Wainwright & Ramsey Inc., may make such changes in the Notice
of Sale not inconsistent with this resolution as he may consider
in the best interest of the City.
8. The City Manager, in collaboration with Wainwright &
Ramsey Inc., shall see to the preparation, printing and distri-
bution to prospective bidders of an Official Statement in form
customary for the public offering of an issue of bonds such as
the bonds authorized hereby. The City Manager shall also arrange
for the delivery to the purchaser of the bonds of 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.
9. 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 payment therefor.
10. Such officers of the City of Virginia Beach as may be
requested are hereby authorized to execute an appropriate certi-
ficate setting forth the expected use and investment of the proceeds
8 .
of the bonds issued pursuant hereto in ord.er to show that such
expected use and investment will not violate the provisions of
SS103(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.
11. 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 and within ten
days thereafter to cause to be published once in a newsp aper
of general circulation in the City of Virginia Beach a notice
setting forth (1) in brief and general terms the purposes for
which the bonds are to be issued and (2) the amount of such bonds
and the amount for each purpose.
12. The City Council agrees not to sell any general obliga-
tion bonds of the City during the next 90 days following the sale
of the bonds without the consent of the managing underwriter of
the bonds.
13. The City Treasurer is hereby directed to apply from
the proceeds of the bonds such amount as may b6 necessary to pay
any notes issued in anticipation of the issuance and sale of the
bonds.
14. All other resolutions or parts of resolutions in con-
flict herewith are hereby repealed.
15. This resolution shall take effect immediately.
The undersigned 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 City of Virginia Beach held on the /7 gdray of July, 1978, and
of the whole thereof so far as applicable to the matters referred
to in such extract.
WIT;ESS my hand and the seal of the City of Virginia Beach,
Virginia, this 17 Oday of July, 1978.
@erk, City o irginia Beach,
Virginia fvv
(SEAL)
NOTICE OF SALE EXHIBIT A
$16,400,000
CITY OF VIRGINIA BEACH, VIRGINIA
Public Improvement Bonds, Series of 1978
Sealed bids will be received for the Council of the City
of Virginia Beach, Virginia, until Eastern
Time, on
1978,
at the office of the City Manager, Administation Building, Muni-
c2-pal Center, Virginia Beach, Virginia, for the purchase of
$16,400,000 Public Improvement Bonds, Series of 1978, 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 of $450,000 on October 1, 1980, $825,000 on Octo-
ber 1 in each of the years 1981 to 1987, inclusive, and $925,000
on October I in each of the years 1988 to 1998, inclusive. 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 semiannually on April 1 and October 1, and both principal
and interest will be payable at the principal office of
I Virginia, or
New York, New Yo@k, 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 Octo-
ber 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 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 will be general obligations of the City of Virginia
Beach secured by a pledge of its full faith and credit.
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 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 will be considered. The right to reject any or all
2
bids and to waive irregularities in any bid is hereby reserved.
Unless all bids are rejected, the bonds 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.
Each proposal should be enclosed in a sealed envelope,
marked on the outside "Bid for City of Virginia Beach, Virginia,
Public Improvement 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
$328,000 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 liqui-
dated 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
1978, upon payment therefor in Federal Funds.
It is anticipated that CUSIP identification numbers will be
printed on the bonds, but neither the failure to print such num-
bers on any bond nor any error with respect thereto shall constitute
cause for a failure or refusal by the purchaser thereof to accept
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 Rich-
mond, Virginia, with respect to the bonds 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 and that its 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.
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 aigned by the City Mana-
ger 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
3
with the Official Statement, may be obtained from Giles G. Dodd,
Assistant to the City Manager for Finance and Research, Administra-
tion Buil4ing, Municipal Center, Virginia Beach, Virginia 23456
(telephon& 804/427-4681), or from I-lainwright & Ramsey Inc. , 70
Pine Street, New York, New York 10005 (telephone 21@@/425-9473).
The City will furnisl,- to the successful bidder at the expense
of the City up to 500 copies of the Official Statement to be de-
livered to the persons to whom such bidder and members of his
bidding group initially sell the bonds.
CITY OF VIRGINIA BEACH, VIRGINIA
By: Ge6rge L. Hanbury, TI
City Manager
ITE@l #12478
On motion by Councilman Merrick, seconded by Couiicilman liolland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. iloiland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to adopt on second reading the following resolution
authorizing the issuance and sale of $16,400,000 in General Obligation
Bonds of tlie City of virf,,inia Beach, Virginia:
At a regular meeting of the Council of the City of Virginia
Beach, Virginia, held on the 17 day of July, 1978,
PRESENT:
Councilman John A. Baum
Councilman F. Reid Ervin
Councilman George R. Ferrell
Councilwoman Barbara M. Henley
Councilman Clarence A. Holland
Vice Mayor J. Henry McCoy, Jr.
Councilman Donald W. Merrick
Councilwoman Meyera E. Oberndorf
Councilman J. Curtis Payne
Councilman Roger L. Riggs
Mayor Patrick L. Standing
ABSENT:
the following resolution was adopted by the affi=ative roll call
vote of two-thirds of all members of the Council, the ayes and nays
being recorded in the minutes of the meeting as follows:
MEM13ER VOTE
Councilman John A. Baum Aye
Councilman F. Reid Ervin Aye
Councilman George R. Ferrell Aye
Councilwoman Barbara M. Henley Aye
Councilman Clarence A. Holland Aye
Vice Mayor J. Henry McCoy, Jr. Aye
Councilman Donald W. Merrick Aye
Councilwoman Meyera E. Oberndorf Aye
Councilman J. Curtis Payne Aye
Councilman Roger L. Rigg@, Aye
Ilayor Patrick L. Standing Aye
WHEREAS, the issuance of $16,400,000 public improvement bonds
of the City of Virginia Beach has been authorized by ordinance adopted
by the Council of the City of Virginia Beach on July 17, 1978; a-.id
WHEREAS, the Council considers it desirable to borrow money
in anticipation of the issuance and sale of such bonds for the pur-
poses for which the bonds have been authorized;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The City of Virginia Beach shall issue and sell all of
2
the $16,400,000 public improvement bonds heretofore authorized
at such time or times and in such manner as the Council shall
hereafter determine; provided, however, that such bonds shall
be sold at such time or times as may be required by law for the
payment of the bond anticipation notes hereinafter authorized.
2. The City is hereby authorized to borrow, at one time
or from time to time, up to $16,400,000 in anticipation of the
issuance and sale of such bonds and for the purposes for which
such bonds have been authorized.
3. The City Manager, with the assistance of such officers
of the City as he may determine, is hereby authorized and directed
to borrow such sums at such times and from such one or more
financial institutions as he may deem appropriate. Such borrowing
shall be evidenced by negotiable notes to be executed by the City
Manager or the Mayor and the City's seal affixed and attested
by the Clerk or a Deputy Clerk, shall bear interest at such rate
or rates not to exceed 6 % per year and shall mature at such
time or times not later than Dec. 17 , 1978, all as the person
executing such notes may determine to be in the best interest
of the City.
4. The full faith and credit of the City of Virginia Beach
are hereby irrevocably pledged to the payment of principal of
and interest on such notes.
5. This resolution shall take effect immediately.
The undersigned 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 City of Virginia Beach held on July 17, 1978, and of the whole
thereof so far as applicable to the matters referred to in such
extract.
WITNESS my hand and the seal of the City of Virginia Beach,
3 .
Virginia, this 1'7aday of July, 1978.
41@, ,
@erk, City o Virginia Beach,
Virginia f@j
(SEAL)
IRIT
T 'F I,, \1 j,'i 2 z@ 8 0
Petition of Cameron A. Munden, FTALS, @or i Cti,@nq@2 of Zoninq District
Classification from AG-1 AgriCL]lturil D@s',r)ct @-2 ComTT)ur)ity-Business
District on certain propel-ty loca@led n @@le sicie of Oceana Boulevard,
beginning at a point 1500 feet So@ith of @larpc@rs Road, running a distance of
239.95 feet along the West side of Oceana Poulcvard, i-titining a distance of
200.45 feet along the Southern propei-ty line, r,tinr)irig a distance of 210
feet more or less along the Western pt@operty line and rlinning a distance of
196.45 feet along the Northei-n pi-c)pert,y line. Said parcel contains I acre.
PRINCESS ANNE BOROUGH.
Planning Cominission Recommendation:
A motion was passed unanimously by the. Planniiig Comiiiission 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. Standard improvements as required by the Site Plan Ordinance and
Subdivision Ordinance.
2. City water and sewer will be required.
3. The developer must provide gravity seiver, pump station, and water to
this site by extending the wa@er line frorfl False Cape Parkway or the
Forest Hill Subdivision.
4. Participation in the installatioti of traffic signals and other
traffic control measures is i,equir,eci.
5. Improvements on Oceana Boulevard will be necessary; this includes
pavemerit widening, curb and gutter, sidewalk, and drainage facili-
ties.
6.1The necessary downstream drainage improvements and easements will be
required.
And further subject to the followirig coiidition prior to the change on the
official zoning map:
A dedication of right-of-way 40 feet from the centerline of the
exiStinq 50 foot right-of-way and a reservation of an additional 5
feet al-ong the 239.95 foot frontage on Oceana Boulevard (a 15-foot
dedication and a 5-foot reservation).
Mr. H. Calvin Spain, Attorney, represented the petition@r
Lieutenant Commandor Jackson, NAS Oceana, appeared in opposition
Councilman Payne made a motion, seconded by Councilman Merrick, to
defer the above petition of Cameron A. @lunden, ETALS, for a Change
of Zoning District Classification from AG-1 Agricultural District
to B-2 Community-Business District until August 7, 1978. The recorded
vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. ilolland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to defer until August 7, 1978, the above Detition
of Cameron A. Mundeii,, ETALS, for a
sification from AG-1 Agricultural District to B-2 Community-Business
District on certain property located on the West side of Oceana Boul-
evard, beginning at a point 1500 feet Soutli of Harpers Road, running
a distance of 239.95 feet along the West side of Oceana Boulevard,
running a distance of 200.45 feet along the Southern property line,
runnin@. a distance of 210 feet more or less along the Western pro-
perty line and running a distance of 196.45 feet along the Northern
ITE@l #12481
Petition of Cameron A. Munden, ETALS, for a Change of Zoninq District
Classification from AG-1 Agricultural District fo R-8 Residential District
on certain property located 196.45 feet West of Oceana Boulevard beginning
at a point 1400 feet mot-e or less South of @larpers Road, running a distance
of 732.06 feet along the Easterii property line, running a distance of
220.29 feet in a Southwesterly direction, running a distance,of 210.94 feet
in a Southeasterlv direction, running a distance of 477.61 feet along the
Southern property line, z-unning a distarice of 892-01 feet along the Western
property line and running a distance of 339.82 feet along the Northern
property line. Said parcel contains 9.7 acres. PRINCESS ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Plannirig Commission by a recorded
vote of 12 to approve this reqliest subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plaii Ordinance and
Subdivision Ordinance.
2. City water and sewer wi,ll be required.
3. The developer must provide gravity sewer, porflp station, and water to
this site by extending the water line from False Cape Parkway or the
Forest Hill Subdivision.
4. Participation in the installation of traffic signals and other
traffic control measures is required.
5. Improvements on Oceana Boulc-vard will be necessary; this includes
pavement widening, curb and gutter, sidewalk, and drainage facili-
ties.
6. The necessary dowristream d@@ainagc-, iiiiprovefnents aild easements will be
required.
And further subject to the following conditioll prior to the change on the
official zoning map:
A dedication of 40 feet fi-oiri tlie ceiltei-line of tfle
existing 50 foot right-of-wa.y a)id a reservation of an additional 5
feet along t@ie 239.95 foot fy,on@lag(.., on Oceana Boulevard (a 15-foot
dedication and a 5-foot reservation).
Mr. Ii. Calviii Spaiii, Attoriicy, rcl)rcsLLited the petitioner
Lieutenant Commander Jackson, NAS Oceana, appeared in opposition
Councilman Payne made a motion, seconded by Councilman Merrick, to
defer the above petition of Cameron A. Munden, ETALS, for a n e
of Zoning District Classification from AG-1 Agricultural District to
R-8 Residential District until August 7, 1978. The recorded vote is
as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George P. Ferrell,
Councilwoman Barbara M. Ilenley, Clarence A. flolland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Yeyera E.
Oberndorf, J. Curtis Payne, Roger L. Ri.@gs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to defer until August 7, 1978, the above petition
of Cameron A. @lunden, ETALS, for a
sification from AG-1 A.@ricultural District to R-8 Residential District
on certain property located 196.45 feet West of Oceana Boulevard
beginnitig at a point 1400 feet more or less South of Harpers Road,
running adistance of 732.06 feet alon-. the Eastern property line,
runiiing adislance of 2'@0.29 feet in a Southwesterly direction,
running adistance of 210.94 feet in a Southeasterly direction,
running adistance of 477.61 feet along the Southern property line,
running adistance of 892.01 feet alon,. the Western property line
and runiiing a distaiice of 339.82 feet along the Northern property
line. Said parcel coiitains 9.7 acres. Princess Anne Borough
ITE@l #1-2482
Petition of Geraldine Y. Stephens for a Change of Zoning District Classifi-
cation from R-6 Residential District to B-2 Community-Business District on
certain property located on the South side of Old Virginia Beach Road
beginning at a point 450 feet more or less East of North Birdneck Road,
running a distance of 244.53 feet along the South side of Old Virginia
Beach Road, running a distance of 330.14 feet along the Eastern property
line, running a distance of 179.67 feet along the Southern property line
and running a distance of 270.15 feet along the Western property line.
Said parcel contains 1.36 acres. LYNNtiAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimoulsy by the Planning Commission by a recorded
vote of 13 to deny this reqtiest. It was felt that approval of this request
would result in the encroachment of commercial activity into a residential
area.
Councilman Riggs made a motion, seconded by Councilman Ferrell, to
permit withdrawal of the above petition of Geraldine Y. Stephens
for a Change of zoning District Classification from R-6 Residential
District to B-2 Commun@ity-Business I)istrict. The recorded vote is
as follows:
Ayes., Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald 14. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Ro@.er L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to Dermit withdrawal of the above petition of
Geraldine Y. Stephens for a Change of zoning District Classification
from R-6 Residential District to B-2 Community-Business District on
certain property located on the South side of Old Virginia Beach Road
beginiiing at a point 450 feet more or less East of North Birdneck Road,
running a distance of 244.53 feet along the South side of Old Virginia
Beach Road, running a distance of 330.14 feet along the Eastern pro-
perty line, running a distance of 1,79.67 feet along the Southern pro-
perty line and running a distance of 270.15 feet along the Western
property line. Said parcel contains 1.36 acres. Lynnhaven Borough.
ITEM #12483
Petition of Barrett R. and Marion Q. Bryant for a Chanqe of Zoninq District
Classification from R-5 Residential District to -1 Apartment District on
certain property located on the West side of Downey Drive beginning at a
point 179.75 feet South of Princess Anne Road, running a distance of 100
feet along the West side of Downey Drive, running a distance of 123.7 feet
along tlie Southern property line, running a distance of 100 feet along the
Western property line and running a distance of 122.20 -feet along the
Northern property line. Said parcel contaiiis .28 acre. KEMPSVILLE
BOROUGH.
Planning Comniission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 8 for
the motion, 2 against and 3 abstentions to approve this request subject to
the following conditions in conjunction with the intended use of the land:
1. Standard improvements as required by tlie Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way iniprovements will be necessary along Downey Drive; this
includes pavement widening, curb and gutter, sidewalk, and drainage
facilities.
And further subject to the following conditio@) prior to the change on the
official zoning map:
A dedication of right-of-way 25 feet frorn the centerline of the
exisiting 30 foot right-of-way along the 100 foot frontage on Downey
Drive (a 10-foot dedication).
,ours.
Mr. B. R. Bryant appeared in favor of tlie petition
Vice Mayor McCoy made a motion, seconded by Councilwoman Oberndarf,
to approve the above petition of Barrett R. and Marion Q. Brvant for
a Change of Zoning District Classification from R-5 Residential
District to A-1 Apartment District. The recarded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following ordinance upon petition
of Barrett R. and Marion Q. Bryant for a Chan@e of Zoning District
Classification from R-5 Residential District to A-1 Apartment District:
ORDTIqAI,CE UP014 PETTTION OF BARRETT R. AND MARTON Z0778366
Q. BRYANT FOR A CHANGE OF ZONI@;G DISTRTCT CLAS-
SIFTCATION FROIT R-5 Residential District to A-1
Apartment District
BE IT ORDAII@ED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH,
VTRGINIA that:
Petition of Barrett R. and Marion Q. Bryant for a
District Classification from R-5 Residential District to A-1 Apart-
ment District on certain property located on the West side of Downey
Drive beginning at a point 179.75 feet South of Princess Anne Road,
running a distance of 100 feet along the West side of Downey Drive,
running a distance of 123.7 feet along the Southern property line,
running a distance of 100 feet along the Western property line and
running a distance of 122.20 feet along the Northern property line.
Said parcel contains .28 acre. Kempsville Borough.
Approval of this request is subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer
3. Right-of-way improvements will be necessary along Downey
Drive; this includes pavement widening, curb and @utter,
sidewalk, and drainage facilities.
And further subject to the following condition prior to the change
on the official zoning map:
1. A dedication of riglit-of-way 25 feet from the centerline
of the existing 30 foot right-of-way along the 100 foot
frontage on Downey Drive (a 10-foot dedication).
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 17 day of July 1978
ITEM #12484
Petition of John D. DeJarnette for a ;sifi-
cation from R-8 Residential District to b-Z Lommun!tY-Business District on
certain property located at the Northwest intersection of Princess Anne
Road and Bellingham Road, running a distance of 121.29 feet along the North
side of Princess Anne Road, running a distance of 152.35 feet along the
Western property l,ine, running a distance of 124.96 feet alo.ng the Northern
property line and running a distance of 115.98 feet along the West side of
Bellingham Road. Said parcel contains .39 acre. KEMPSVILLE BOROUGH.
Planning Commission Recommenda@tioh:
A motion was passed unanimoulsy by the Planning Commission by a recorded
vote of 13 to deny this request. It was felt that approval of this request
would promote a strip cornmercial development pattern along Princess Anne
Road.
Mr. Edward Kelby appeared iii opposition and presented petitions
Councilman Ferrell made a motion, seconded by Vice Mayor McCoy, to
deny the above petition of John D. Dejarnette for a Change of Zoning
District Classification from R-8 Residential District to B-2 Community-
Business District. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilxqoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Abseiit: None
City Council voted to deny the above petition of Jolin D. DeJarnette
for a Change of Zoning District Classification from R-8 .Zesidential
District to B-2 community-Business District on certain property lo-
cated at the Northwest intersection of Princess Anne Road and Bell-
ingham Road, running a distance of 121.29 feet along the North side
of Princess Anne Road, runnin.@ a distance of 152.35 feet along the
Western property line, running a distance of 124.96 feet alon@. the
Northern property line and running a distance of 115.98 feet along
the West side of Bellingham Road. Said parcel contains .39 acre.
Kempsville Borougli.
Tliis petition was denied as it was felt that approval would promote
a strip commercial development pattern along Princess Anne Road.
ITEM #12485
Petition of the Trustees of Rock Church for a Change of Zoning District
Classification from A-1 Apartment District to A-4 Apartment District on
certain property located at the Southwest intersection of Kempsville Road
and Locke Lane, running a distance of 513.73 feet along the West side of
Kempsville Road, running a distance of 1653.51 feet along the Southern
property line, rtinning a distance of 1310.54 feet in 8 Northeasterly
direction and running a distance of 1054.99 feet in a Southeasterly
direction. Said parcel contains 25.511 acres. KEMPSVILLE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimoulsy by the Planning Commission by a recorded
vote of 12 to allow withdrawal of this request.
Mr. Edward Stange appeared requesting withdrawal of the above petition
Vice Mayor @IcCoy made a motion, seconded by Councilman Ferrell, to
permit withdrawal of the above petition of the Trustees of Rock Church
for a Change of Zoning District Classification from A-1 Apartment Dis-
trict to A-4 Apartment District. The recor@ed vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. lienry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to permit the withdrawal of the above petition
of the Trustees of Rock Church for a Change of Zoning District
Classification from A-1 Apartment District to A-4 Apartment District
on certain property located at the South@qest intersection of Kemp,@ville-
Road and Locke Lane, running a distance of 513.73 feet along the West
side of Kempsville Road, running a distance of 1653.51 feet along the
Southern property line, running a distance of 1310.54 feet in a North-
easterly direction and running a distance of 1054.99 feet in a South-
easterly direction. Said parcel contains 25.511 acres. Kempsville
Borough.
ITEM #12486
Petition of Robert L. and Alma J. Rea for a Change of Zoning District
Classification from R-6 Residential District to 0-1 Office District on
certai property located on the East side of Kempsville Road beginning at a
point 900 feet more or less South of Indian River Road, running a distance
of 219 feet more or less along the East side of Kelflpsville Road, running a
distance of 363.5 feet along the Southern property line, running a distance
of 187.6 feet along the Eastern property line and running a distance of
427.2 feet along the Northern property line. Said parcel contains 1.70
acres. KEMPSVILLE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimoulsy by the Planning Commission by a recorded
vote of 13 to deny this request. It was felt that approval of this request
would promote a non-residential strip development pattern along Kempsville
Road.
Mr. H. Calvin Spain, Attorney, represented the petitioner
The following appeared in opposition:
Mr. Ray Kellet
Mr. Edward Brown,- presented petitions
Vice Mayor McCoy made a motion, seconded by Cotincilman @lerrick, to
deny the above petition of Robert L. and Alma J. Pay for a Change
of Zoning District Classification from R-6 Reside,tial Di,trict-to
0-1 Office District. The recorded vote is as follows:
Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman
Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Councilwoman @leyera E. Oberndorf, Roger L. Riggs, and
Mayor Patrick L. Standing
Nays. Councilmen John A. Baum, Clarence A. Holland, and J. Curtis
Payne
Absent: None
City Council voted to deiiy the above i)etition of Robert L. and Alma
J. Rea for a Change of Zoning District classification fro, li-6 R,Si-
dential District to 0-1 Offic@D tri,-t- o-n-cer property located
on the East side of Kempsville Road beginning at a point 900 f eet
more or less Soutli of Indian Rivc,,r Road, rlinning a distance of 219
feet more or less along the East side of Kempsville Road, running a
distance of 363.5 feet along the Sottiern property line, rtinning a
distance of 187.6 feet along the Eastern property line and rtinninf,
a distance of 427. 2 feet along the Northern property line. Said
parcel contains 1.70 acres. Kempsville Borou.@h
The request was denied as it was felt that it would promote a non-
residential strip development pattern along KeiDpsville Road.
ITEM #12487
Petition of Smith and Welton Realty Corporation, a Virgiiiia Corporation for
a Change of Z@in rict Classification f@,om, 1-1 Light Industrial
Dist
to m,
District 0 nunity-Business DisFric@ on certain property located on
the South side of ArrowlieacJ Road begin,,)irig at a point 750 feet East of
Newtown Road, running a distance of 616.57 feet alc)ng tlie So@ith side of
Arrowhead Road, running a distaiice of 346.63 fcet alon,_q tlie Eastern
property linl,, running a distance of 6211.39 feet alorig the Souther@n
property line and running a distance of 300.56 fE:,et along tlie Westerri
property line. Said parcel contains 4.601 acres. KETIPSVILI-E BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimoulsy by the I'larining Comiiiission by a recorded
vote of 13 to deny this request. It was fel@L that tlie inteiided use is
inappropriate for this site given the surrounding land use pattern.
Vice Mayor McCoy made a motion, seconded by Coun(:ilman Ferrell, to denv
the above petition of Smitli and @@lellon RealLy Corporation, a Vir.-illia
Corporation, for a (,') S District Classification from 1-1
Light Industrial District to B-2 Communitv-Business District. The
recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara @l. Henley, Clarence A. Tiolland, Vice Mayor
J. Henry @IcCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to deny the above petition of Smith and Welton
Realty Corporation, a Virginia Corporation, for a Change of Zoning
District Classification from I-1 Light Industrial District to B-2
Community-Business District on certai.n property located on the South
side of Arrowhead Road beginning at @i poiiit 750 fect East of @NLwtown
Road, running a distance of 616. 57 feet along tlie Soutli Side of Arrow-
head Road, running a distance of 346.63 feet along the Eastern property
line, running a distance of 627.89 feet along the Southern property line
and running a distance of 300.56 feel along the Western property line.
Said parcel contains 4.601 acres. Keupsville Borough.
This was denied as it was felt tbat Lhe intended use is inappropriate
for this site given the surroundinl- land use pattern.
ITEM #12488
Petition of Stanley E. and Alvis M. Oliver for a Change of Zoninq District
Classification from R-3 Residential District to -@9 esidential To@,,nhouse
District on certain property locatcd at the Souttiwest intersection of
Wishai@t Road and North Witclidtick Road, runnirig a distance of 852.21 feet
along the South side of Wishart Road, runiiing a dis@@arice of 488.29 feet in
a Southwesterly direction, rurining a distance of 550 feet in a Southerly
direction, rlinning a distance of 228.35 feet along tile Southeril property
line and running a distance of 1066.90 feet along tfle West side of North
Witchduck Road. Said parcel contains 14.957 act,es. BAYSIDE BOROUGH.
Planning Commission Recommendation:
A motion was passed unaniipoulsy by the Plarining Commission by a recorded
vote of 12 to allowal withdrawal of this request.
Councilman liolland made a motion, seconded by Councilman Merrick, to
permit the withdrawal of the above petition of Stanley E. and Alvis M.
Oliver for a Change of Zoning District Classification from R-3 Resi-
dential District to R-9 Residential Townhouse District. The recorded
vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. lienley, Clarence A. Holland, Vice @'ayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to permit the withdrawal of the above petition
of Stanley E. and Alvis M. Oliver for a Change of Zoning District
Classification from R-3 Residential District to R-9 Residential-
Townhouse District on certain property located at the Southwest
intersection of Wishart Road and Nortli Witchduck Road, runninq a
distance of 852.21 feet along the South side of Wishart Road, runn-
ing a distance of 488.29 feet in a Southwesterly direction, running
a distance of 550 feet in a Southerly direction, running a distance
of 228.35 feet along the Southern property line and running a distance
of 1066.90 feet along the West side of '@orth Witchduck Road. Said
parcel contains 14.957 acres. Bayside Borough.
ITEM #12489
Petition of Richard Q. Randolph for a Change of Zoning District Classifi-
cation from R-5 Residential District t@9-2 Comiflunity-Business District on
certain property located on the Soutli side of Tulip Drive beginning at a
point 219.57 feet West of Independence Boulevard, i,unning a distance of 75
feet along the South side of Tulip Drive, runnilig a distance of 200 feet
along the Western pi-operty line, running a distance of 75' feet along the
Southern property line and running a distance of 200 feet along the Eastern
property line. Said parcel contains .344 acre. BAYSIDE BOROUGH.
Planning Commission Recoiiimendation:
A motion was passed unaniinously by the Planning Commission by a recorded
vote of 13 to deny this request. It was felt that approval of this request
would result in increased commercial encroachment into a residential area.
Mrs. Rose Marie Edwards represented the petitioner
Councilman Holland made a motion, seconded by Councilman Ferrell,
to approve the petition of Richard Q. Randolph for a Change of
Zoning District Classific@ation from R-5 Residential District to
0-1 Office District (modified from B-2 Community-Business District).
The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. flenley, Clarence A. liolland, Vice Mayor
J. Henry McCoy, Jr., Councilwoman ilevera E. Oberndorl, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: Councilman Donald W. Merrick
Absent: None
City Council voted to approve the following ordinance upon petition
of Richard Q. Randolph for a Change of zoning District Classification
from R-5 Residential District to 0-1 Office District (riodified from
B-2 Community-Business District):
ORDINATICE UPO@; PETITION OF RICHARD Q. RAIIDOLPII FOR A Z0778367
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5
Residential District TO 0-1 Office District (modified
from B-2 Community-Business District)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCIIIIA BEACH,
VIRGINIA, that:
Petition of Richard 0. Randolph for a
Classification from R-5 Residential District to 0-1 Office District
(modified from B-2 Community-Business District) on certain property
located on tlie Soutti side of Tulip Drive beginning at a point 219. 57
feet @4est of Independence Boulevard, running a distance of 75 feet
along Llic Soutli side of Tulip Drive, running a distance of 200 feet
along the Western property line , running a distance of 75 feet along
the Southern property line and runnin@ a distance of 200 feet along
the Eastern property line. Said parcel contains .344 acre. Bayside
Borougli.
Approval of this request is subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site
Plan Ordinance.
2. Right of way improvements will be necessary
along Tulip Drive; this includes I)avement widenin@
curb and gutter, side@qalk, and drainage facilities.
3. Proper screenitig.
4. Lighting as deterniined by Lhe City departmeiits.
Tliis ordinance stiall be effective upon date of adoption.
Adopted by tlie Couzicil of tlie City of Virginia Beach, Virginia,
ITEM #12490
Petition of James C. and Lois J. Hickman for a Change of Zoning District
Classification from R-8 Residential District to 0-1 Office District on
certain property located on the South side of Providence Road (Relocated)
beginning at a point 363 feet East of Beryl Avenue, running a distance of
160.84 feet along the South side of Providence Road (Relocated), rtinning a
distance of 179.59 feet along the Eastern property l'
ine, rtinning a distance
of 182.82 feet along the Soutliern property line arid running a distance of
78.83 feet along the @lestern property line. Said parcel contains .4708
acres. KEMPSVILLE BOROUGH.
Planning Comission Recommendation:
A motion was passed unaninioulsy by the Plannirig Cornmissiori by a recorded
vote of 13 to approve this request ubject to the following conditions in
conjunction with the intended use of the lan(j:
1. Standard improvements as required by the Site Plan Ordiiiance.
2. City water and sewer.
Mr. James C. Hic kman ap peare d in f ii v(, r o I E li,@ ab ovc- p(@ titioil -
Vice Mayor McCoy made a motion, seconded by Councilman Merrick, to
approve the petition of James C. aiid Lois J. Hickman for a n e
of Zoning District Classification from R-8 Residential District to
0-1 Office District. The recorded vote is as follows:
Ayes : Councilmen John A. Batim, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara @l. llenley, Clarence A. Holland, Vice Mayor
J. fienry ?iccoy, Jr., Donald W. Merrick, Councilwoman @leyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following ordinance upon p6tition
of James C. and Lois J. Hickman for a Change of Zoning District
Classification from R-8 Residential District to 0-1 Office District:
ORDINANCE UPON PETITIOli OF JAMES C. AND LOIS J. Z0778368
HICKMAt4 FOR A CHANGE OF ZONING DISTPIICT CLASSI-
FICATIO14 FROM R-8 Residential District to 0-1
Office District.
BE IT ORDAINED BY THE COUI@CIL OF THE CTTY OF VIRGINIA BEACH,
VIRCIIIIA, that:
Petition of James C. and I,ois J. Hickman for a Change of Zo@n
District Classification from R-8 Residential District to 0-1 Office
District on certain property located oil the South side of Providence
Road (Relocated) beginniiig at a point 363 feet East of Beryl Avenue,
running a distance of 160.84 feet along the South side of Providence
Road (Relocated), running a distance of 179 .59 feet along the Eastern
property line, runniiig a distance of 182.82 feet along the Southern
property line and running a distance of 7@.. 83 feet along the Western
property line. Said parcel contains . 4 7 0 8acres. Kempsville Borough.
Approval of this request is subject to the following conditions in
conjunction with the intended use of the land:
1. Standard imorovements as required by the Site
Plan Ordinance.
2. City water and sewer.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 17 day of July 1978.
ITE@@L #12491
Application of Winner Corporation for a Conditional Use Per;nit for a
recreational facility of an outdoor natLJI-e7-o@-Ca-Ft Tr ck 6n-certain
property located East of Holland Road beginiiing at a point'890 feet more or
less South of North Landstown Road, rlliining a distance of 500 feet more or
less along the East side of Holland Road, runriirig a distance of 260 feet
more or less along tlie Soutl)ern property lirle, I'Linning a distance of 500
feet more or less along the Eastern p@-oper,ty litie and running a distance of
260 feet more or less along tlie Not,thern pi-operty line. Said parcel
contains 3 acres more or less. PRINCESS ANNE BORO@JGH.
Planning Commission Recommendation:
A motion was passed unanimoulsy by the Planning Commission by a i-ecorded
vote of 11 to dehy this request. It was felt t@iat the proposed use is not
appropriate for this site given the stirrounding lan(i use pattern.
Doc tor Sid Denny appea red req ties t ing a t ti i rty ( 30) day de f orral .
Councilman Payne made a motion, seconded by Councilman Ilolland, Lo
defer for tliirty (30) days the above application of Winner Corporation
for a Conditional Use Permit for a recreational facility of an outdoor
nature (go cart tract). The recorded vote is as follows:
Ayes: Councilmen Jolin A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara @l. Henley, Clarence A. Holland, Vice Mayor
J. Henry @IcCoy, Jr., Donald 14. Merrick, Councilwoman Me@era E.
Oberndorf, J. Curtis Pavne, Roger L. Riggs, and Mayor Patrick L.
Standing
liays: None
Absent: None
City Council voted to defer for thirty (30) days the above application
of Winner Corporation for a Conditional Use Permit for a recreational
facility of an outdoor nature (Go Cart Tract) on certain property lo-
cated East of Holland Road beginning at a point 890 feet more or less
South of North Landstown Road, running a distance of 500 feet more or
less along tlie East side of tiolland Road, running a distance of 260
feet more or less along the Southern property line, runnin., a distance
of 500 feet more or less along the Eastern property line and runnin, a
distance of 260 feet more or less along the l@orthern property line.
Said parcel contains 3 acres more or less. Princess Anne Borough.
ITEM #12492
Councilman Ferrell made a motion, seconded by Councilman Holland, to
approve the following ordinance to amend tlie Master Street and Hi@.hway
Plan dated December 16, 1974 pertainiiig to Independence Boulevard,
Oceana Parkway, London Bridge Road and Seaboard Road. The recorded
vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Ilenley, Clarence A. Ilolland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend the
Master Street and Iligliway Plan dated December 16, 1974 pertaining
to Independence Boulevard, Oceana Parkway, LQndon Bridge Road and
Seaboard Road:
AN ORDINANCE TO AMEND THE MASTER STREET
AND HIGHWAY PLAN DATED DECEMBER 16, 1974
PERTAINING TO INDEPENDENCE BOULEVARD,
OCEANA PARKWAY, LONDON BRIDGE ROAD
AND SEABOARD ROAD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Master Street and Highway Plan dated December 16, 1974, is
hereby amended as follows:
1. Realign Independence Boulevard extended approxiniately one-half
(112) mile West of the present alignment shown on the Virginia
Beach Master Street and ilighway Plan.
2. Add Oceana Parkway as a 90' Right-of-Way from Lynnhaven Parkway
to London Bridge Road.
3. Widen London Bridge Road to a 90' Right-of-Way on the existing
alignment between Shipp's Corner Road Extended and Oceana Boule-
vard.
4. Extend Seaboard Road as a 90' Right-of-Way on a new alignment
from False Cape Parkway to Harpers Road.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
17 day of J L] I y-, 1978.
ITEM #12493
Councilman Baum made a motion, seconded by Mayor Standing, to approve
the following ordina6ce to amend and reordain Sections 1401, 1402 and
1403 and to add Sections 1411, 1412 and 1413 to Title 1, Article 14,
of the Compreliensive Zoning Ordinance of the City of Virginia Beach,
Virginia, relatitig to @4etlands. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara @l. Henley, Clarence A. liolland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend and
reordain Sections 1401, 1402 and 1403 and to add Sections 1411, 1412
and 1413 to Title 1, Article 14, of tlie Coriprehensive Zoning Ordinal@ce
of the City of Virginia Beach, Virginin, relating to Wetlands:
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 1401, 1402 AND 1403
AND TO ADD SECTIONS 1411, 1412 AND 1413
TO TITLE I, ARTICLE 14, Or THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO WETLANDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Code of the City of Virginia Beach, relating to Wetlands, Title
1, Article 14, Sections 1401, 1402 and 1403 are hereby amended and reordained to
read as follows; and that said Title I, Article 14, is hereby amended by adding
thereto the following Sections 1411, 1412, and 1413, as follows:
Sec. 1401. Definitions.
For the purposes of this ordinance:
(a) "Commission" means the Virginia Marine Resources Commission.
(b) "Commissioner" means the Commissioner of Marine Resources.
(c) "Person" means any corporation, association or partnership, one or more
individuals, or any unit of governrnent or agency thereof.
(d) "Governmnt services" means any or all of the services provided by the
City of Virginia Beach to its citizens for the purpose of maintaining the City and
shall include but shall not be limited to such services as constructing, repairing
and maintaining roads, sewage facilities, supplying and treating water, street
lights and construction of public buildings.
(e) "Wetlands" means all that land lying between and contiauous to mean low
water and an elevation above mean low water equal to the factor f-5 times the mean
tide range at the site of the proposed project in the City of Virginia Beach; and
uPon which is growing on the effective date of this ordinance or grown thereon sub-
sequent thereto, any one or more of the following: saltmarsh cordgrass (Spartina
alterniflora), saltmeadow hay (Spartina patens), saltgrass (Distichlis spicata),
black needlerush (Juncus roemerianus), saltwort (Salicornia spp.), sea lavender
(Limonium spp.), marsh elder (Iva frutescens), groundsel bush (Baccharis halimifolia),
wax myrtle (Myrica sp.), sea oxeye (Borrichia frutescens), arrow arum (Peltandra
virginica), pickerelweed (Pontederia cordata), big cordgrass (Spartina cynosuroides),
rice cutgrass (Leersia oryzoides), wildrice (Zizania aquatica), bulrush (Scirpus
validus), spikerush (Eleocharis sp.), sea rocket (Cakile ecentula), southern wild-
rice (Zizaniopsis miliacea), cattails (Typha spp.), three-squares (Scirpus spp.),
buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium distichum), black
gum (Nyssa sylvatica), tupelo (Nyssa aquatica), dock (Rumex spp.), yellow pond lily
(Nuphar spp.), marsh fleabane (Pluchea purpurascens), royal fern (Osmunda regalis),
niarsh hibiscus (Hibiscus moscheutos), beggar's ticks (Bidens sp.), sniartweeds
The Wetlands of Back Bay and its tributaries and the wetlands of the North
Landing River and its tributaries shall mean all marshes subject to regular or
occasional flooding by tides, including wind tides, provided this shall not include
hurricane or tropical storm tides, and upon which one or more of the following
vegetation species are growing or grows thereon subsequent to the passage of this
amendment: saltwater (saltmarsh) cordgrass (Spartina alterniflora), saltmeadow
hay (Spartina patens), lack needlerush (Juncus roemerianus), marsh elder (Iva
frutescens), groundsel bush (Baccharis haliminfolia), wax myrtle (Myrica sp.), arrow
arum (Peltandra virginica), pickerelweed (Pontederia cordata), big cordgrass
(Spartina Cynosuroides), rich cutgrass (Leersia oryzoides), wildrice (Zizania
aquatica), bulrush (Scirpus validus), spikerush (Eleocharis sp.), cattails (Typha
spp.), three-squares (Scirpus spp.), dock (Rumex sp.), smartweeds (Polygonum sp.),
yellow pond lily (Nuphar spp.), royal fern (Osmunda regalis), marsh hibiscus
(Hibiscus moscheutos), beqgar's ticks (Bidens sp.), arrowhead (Sagittaria spp.),
water hemp (Amaranthus cannabinus), reed grass (Phragmites communis), and switch
grass (Panicum virgatum).
(f) "Wetlands board" or "board" means a board created as provided in Section
62.1-13.6 of the Code of Virginia.
(g) "Back Bay and its tributaries" means the following as shown on the U.S.
Geological Survey Quadrangle Sheets for Virginia Beach, North Bay and Knotts
Island: Back Bay north of the Virginia-North Carolina State Line; Capsies Creek
north of the Virginia-North Carolina State Line; Deal Creek; Devil Creek; Nawney
Creek; Redhead Bay, Sand Bay, Shipps Bay, North Bay, and the waters connecting
them; Beggars Bridge Creek, Muddy Creek; Ashville Bridge Creek; Hells Point Creek;
Black Gut; and all coves, ponds, and natural waterways adjacent to or connecting
with the above-named bodies of water.
(h) "North Landing River and its tributaries" means the following as based
on the United States Geological Survey Quadrangle Sheets for Pleasant Ridge,
Creeds, and Fentress: the North Landing River from the Virginia-North Carolina
Line to Virginia Highway 165 at North Landing Bridge; the Chesapeake and Albemarle
Canal from Virginia Highway 165 at North Landinq Bridge to the locks at Great
Bridge; all named and unnamed streams, creeks, and rivers flowing into the North
Landing River and the Chesapeake and Albemarle Canal except the fo e
"Owin '
Neck Creek north of Indian River Road; Pocaty River west of Blackwater Pgad;W st
Blackwater River west of its forks located at a point approximately 6,400 feet due
west of the point where the Blackwater Road crosses the Blackwater River at the
Village of Blackwater; Milidaur Creek west of Blackwater Road.
Sec. 1402. Uses.
The following uses of and activities on wetlands are permitted, if otherwise
permitted by law:
(a) The construction and maintenance of noncommercial catwalks, piers, boat-
houses, boat shelters, fences, duckblinds, wildlife management shelters, foot-
bridges, observation decks and shelters and other similar structures; provided
that such structures are so constructed on pilings as to permit the reasonably
unobstructed flow of the tide and preserve the natural contour of the marsh;
(b) The cultivation and harvesting of shellfish, and worms for bait;
(c) Noncommercial outdoor recreational activities, including hiking, boating,
trapping, hunting, fishing, shellfishing, horseback riding, swimming, skeet and trap
shooting, and shooting preserves; provided that no structure shall be constructed
except as permitted in subsection (a) of this section.
(d) The cultivation and harvesting of agricultural or horticultural products;
grazing and haying;
(e) Conservation, repletion and research activities of the Virginia Marine
Resources Commission, the Virginia Institute of Marine Science, Comission of
Game and Inland Fisheries and other related conservation agencies;
(f) The construction or maintenance of aids to navigation which are authorized
by governmental authority;
(g) Emergency decrees of any duly appointed health officer of a governmental
subdivision acting to protect the public health;
(h) The normal maintenance, repair or addition to presently existing roads,
highways, railroad beds, or the facilities of any person, firm corporation, utility,
federal, state, county, city or town abutting on or crossing wetlands, provided
that no waterway is altered and no additional wetlands are covered;
(i) Governmental activity on wetlands owned or leased by the Commonwealth
of Virginia, or a political subdivision thereof;
(j) The normal maintenance of man-made drainage ditches, provided that no
additional wetlands are covered; and provided further, that this paragraph shall
not be deemed to authorize construction of any drainage ditch.
Sec. 1403. Application for permit.
(a) Any person who desires to use or develop any wetland within this City,
other than for those activities specified in Sec. 1402 above, shall first file an
application for a permit with the wetlands board and shall send copies to the
Commission and the Virginia Institute of Marine Science.
(b) An application shall include the following: the name and address of the
applicant; a detailed description of the proposed activity and a map, drawn to an
appropriate and uniform scale, showing the area of wetland directly affected, with
the location of the proposed work thereon, indicating the area of existing and
proposed fill and excavation, especially the location, width, depth and length
of any proposed channel and the disposal area, all existing and proposed structures;
sewage collection and treatment facilities, utility installations, roadways, and
other related appurtenances or facilities, including those on adjacent uplands, and
the type of equipment to be used and the means of equipment access to the activity
site; the names and addresses of owners of record adjacent land and known claimants
of water rights in or adjacent to the wetland of whom the applicant has notice;
and estimate of cost; the primary purpose of the project; any secondary purposes
of the project, including further projects; the public benefit to be derived from
the proposed project; a com'Dlete description of measures to be taken during and
after the alteration to reduce detrimental offsite effects; the completion date of
the proposed work, project, or structure and such additional materials and docu-
mentation as the wetlands board may deem necessary.
(c) A nonrefundable processing fee to cover the cost of processing the
application, set by the applicable governing body with due regard for the services
to be rendered, including the time, skill and adrninistrator's expense involved,
shall accompany each application.
Sec. 1411. Investigations and prosecutions.
The Wetlands Board shall have Ih: auetthtoarin@ to vestl, e all prc)jects
Tt s To,ln
te tg@
whether proposed or ongoing which ar ", the Llty OT
,@r,,n ia leach. lhe Wetlands Board shall have tne @wer to ' secute all
,. t",s of any order of such board, or any violapt .,, f a,,;Oprovision of
the Wetlands Zoning Ordinance contained in Section 62.1-13.b ot the Uode ot
Virginia or of the Wetlands 7oning rdinance contained in Title I, Article 14
of the Zoning r inance ot the City of Virginia Beach, Virginia.
Sec. 1412. Violation of orders, rules and regulations.
Any person who knowingly, inte
t@ ti onoalli@ Cnell, tlnyoorocontinually
violates any order, ru e or regu a Ion f t om S:70 r f the wetianas uoard
or vioa vision of Title " ' Ih:,.ter'.1 of the Code of Virginia or
0, -0 nc a Beach,
es r
i@t eT, Trt@,cye'T4 of the Zoning r@ina the City of Virgini
Tirg-ini r visi7 nlo a qe-it granted by the Wpetlands board or t@e
Lh:,Otefrt@
TOMM,Ssl@nop,arnsyua'rtoto T t ef62. I
ol the Code of Virginia or Tit e
I, Article 14, 0 t e onn rdina City of Virginia Beach, Virginia,
.is .
shall be guilt, of a misdemeanor. lo owing a conviction, every day the vio@ation
continues shal@l be deemed a separate ottense.
Sec. 1413. Injunctions.
In addition to and notwithstandin te rov ons of Section 62.1-13.18 of
ode of Virginia and Section 14T2 'W
the C of t@e etl:inds Loning urainance o the ity
ot Virginia Beach, upon petition of the Wetlands Board to the Circuit Court of the
Lity ot Virginia beach, the court Pay en,on uch unlawful act and may order t e
person so acting unlaw u y to tak. such step: ,s are necessary to restore, protect
ahd preserve the wetlands involved.
This ordinance shall be in full force and effect from the date of passage.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 17
day of July 1978.
APPROW AS TO CONTENT
5 TO FORM
S FURL
CITY AT-,O'.ZNEY
ITEM #12501
on motion by Vice Mayor lIcCo@, seconded by Councilman Holland, and
by unanimous vote, the meeting adjourned.
Richard J. Web@n, City Clerk
Citv of Virginia Beac',I,
Virginia
July 17, 1978
h
ITEM #12494
Vice Mayor McCov made a motion, seconded by Councilman Holland, to
approve the following ordinance to amend and reordain Article 5,
Part D, Sections 531(c) and 533(a) of the Comprehensive Zoning
Ordinance pertaining to 14useums, Art Galleries and Libraries. The
recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara @l. Henley, Clarence A. Holland, Vice @layor
J. Ilenry McCoy, Jr., Donald 14. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
,iays: None
Absent: None
City Council voted to approve the following ordinance to amend
and reordain Article 5, Part D, Sections 531(c) and 533(a) of
the Compreliensive Zoning Ordinance pert@iining to Pluseums, Art
Galleries and Libraries:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, PART D, SECTIONS 531(c) AND 533(a)
OF THE COMPREHENSIVE ZONING ORDINANCF
PERTAINING TO MUSEUMS, ART GALLERIES AND LIBRARIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGItlIA BEACH, VIRGINIA:
That Section 531(c), Conditional uses and structures, of the CZO is amended
and reordained as follows:
(c) Conditional uses and structures. All of the conditional uses and
structures permitted in the R-3 Residential District shall be per-
mitted in the R-4 Residential District and in addition:
(4) @luseums, art qalleries, libraries and similar associated
or related uses such as scientific, literary or educational
uses.
That Section 533(a), Lot area, of the CZO is amended and reordained as
follows:
(a) Lot area
(2) For a use other than a dwelling, the minimum lot area shall
be 30,000 square feet, provided, however, that the minimum
lot area for churches, museums, art qalleries, librari.es
and similar associated or related uses shall be three (3)
acres.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
ITEM #12495
Councilwoman Henley made a motion, seconded by Councilwoman Oberndorf,
to hold one night Council meeting on tbe fourth Monday of each month,
5:30 p.m. for the informal meeting, and 7:00 p.in. for the formal
meeting. This will begin in August. It will be on a six month
trial basis. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald lq. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
,iays: Councilman George R. Ferrell
Absent: 14one
Citv Council voted to hold one night Council meeting on the fourtb
Monday of each month, with 5:30 p.m. for the informal meeting, and
7:00 p.m. for the formal meeting. This will be on a six month
trial basis, and will begin in August.
ITEM #12496
Councilman Holland informed the press and public that the con-
traversial Tidewater Health Center for Women will not not be
coming before Council for approval or denial. It @Lll be heard
by the Eastern Virginia Ilealth Systems Agency.
ITEM #12497
Vice Mayor McCoy made a motion, seconded by Councilman Riggs, to
appoint Mayor Patrick L. Standing to the Military Liaison Commission,
to replace Councilman Holland; and further made a motion to appoint
Councilman Clarence A. Holland to the Military Liaison Committee to
replace former Councilman John R. Griffin. The recorded vote is as
follows:
Ayes: Councilmeii John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to appoint the following to the Military l,iaison
Committee:
Mayor Patrick L. Standing - replacing Councilman Clarence
A. Holland
Councilman Clarence A. flolland - replacin@- forrier Councilman
John R. Griffin
ITEM #12498
Mrs. Bobbye @lichaels, president of the First Colonial Civic League,
appeared before Council and presented petitions signed by some 140
residents of the area protesting the mandatory hook-up to the City's
waterlities.
Mr. liarold Jolinson, a rlsident in tlie area, requested the City to
permit the lines to stay at TPI, but not make the residents hookup
to tlie lines unless they wish to.
Mrs. Mary Barracco requested the residents be permitted to not
liook up to the City's waterlines.
@Ir. Edward Lindsley requested that the installation of water
lines not be ma0datory on the following streets: Wildwood Drive,
Lindaley Drive, and 14illow Wisp Drive.
Councilman @terrick stated he has discussed this matter with the
developer, and the developer indicated that whatever decision the
Council made would be agreeable with him.
Councilman Ervin requested that the ordinance be studied for a
possible amendment.
Council requested tlie City Manager to study this matter and come
back to Council with a recommendation.
ITEM #12499
On motion by Councilman Payne, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Ilenry McCoy, Jr., Donald @J. Merrick, Counc:ilwoman @leyera E.
Oberndorf, J. Curtis Payne, Ro-.er L. Rig,@s, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to permit the City Manager to fill the following
positions, with salaries of $16,000 or over:
Superintendent of Recreation
Superinteiident of Automotive Services
City Pliysician
Utilities Engineer
Mental Healtli/Mental Retardation Supervisor II
ITED! #12500
Vice Mayor McCoy discussed the possibility of limiti.@ the real estate
rate to 1% of assessed value, the Virginia Beach tax rate is now 0.77-
of assessed value. Vice Mayor McCoy further indicated that he thought
such an ordinance would be beneficial not only to the citizens of t',Ie
City, but also to the Economic Development Department.
Vice @layor I-[cCoy requested this matter be placed :)r, the inforn@al
agenda of August 7, 1978.
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