NOVEMBER 21, 1977
CITY OF VIRGINII BEACI
MUNICIPAL CENTER
City" VIRGINIA BEACH, VIRG NIA 23456
MAYOR CF-ARENCE A. IIOLLAND, M.D., i3.,,id, 13@,@,gh f HENRY M,COY, ],., D.D.S., K,.P,,ili@
VICE MAYOR PA7'RICK L. STANDIAIG, Al L.,@ MEYERA E. OBERNDORF, Al L@,g@
JOHN A. BAU,@l, B .... gh J, CEIRTIS PAYNE, P,i@c@,, A@@,
ROBER7 )3. C.ROMWFI,L, ],., A, L,,,,, ROGER L. R[GGS, Vigi@i. B@.,h
GEORGE R. I-ERRELL, Al L,,g,, FI,OYL) E WA7 ERFIELL). ],., P,,@g,, @,@,,gh
1011@N l,. GRIF171N, A G E N D A l@@CliARD f WEBBON, Cil, Cl,,k
THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, WILL ASSEMBLE IN THE ADMINISTRATION
BuILDING, PRINCEss ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, IN REGULAR SESSION, AT i:00 P.M.,
ON MONDAY, NOVEMBER 21, 1977 FOR THE PURPOSE OF CONDUCTING PUBLIC BUSINESS AND WILL HEAR AND
ACT UPON THE FOLLOWING ITEMS:
1. CALL TO ORDER BY THE HONORABLE CLARENCE A. HOLLAND, MAYOR, IN THE COUNCIL CONFERENCE Room.
2. ROLL CALL OF THE COUNCIL.
3. MOTION TO RECESS INTO INFORMAL DiscusSION AND EXECUTIVE SESSION. UPON CONCLUSION OF THE
EXECUTIVE SESSION, CITY COUNCIL WILL RECONVENE IN THE CITY COUNCIL CHAMBERS.
4. INVOCATION WILL BE GIVEN AT 2:00 P.M., BY THE REVEREND MARK STONE, LONDON BRIDGE BAPTIST
CHURCH, VIRGINIA BEACH, VIRGINIA. PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE.
5. ROLL CALL OF THE COUNCIL, PUBLIC HEARINGS AND CONSIDERATION OF PUBLic BusINESS.
PUBLIC NOTICE
On the lz@th day of November, 1977, the Council of the
Citv of Virginia Beach, Virginia, adopted two resolutions en-
titled "Resolution Authorizin- the issuance of $3,000,000 @later
and Sewer Revenue Bonds (P A CorD.) of the City of Vir.-inia
Beach, Virginia, and Providin@. for the Form, Details and Pav-
ment Thereof" and "Resolution Authorizing the Issuance of
$5,100,000 "@ater and Sewer Revenue -riotes (P A Corp.) of the City
of Virginia Beach, Virginia, and Providing, for the Form and
Details and Payment Thereof."
T'he bonds and the notes are being issued to finance
the cost of acquiring the sewer systems of Princess Anne Utili-
ties Corporation and Aragona Utilities CorT)oration and the
water and sewer system of Pembroke Utilities, Inc.
The bonds will be in the ag@regate principal anount
of $3,000,Oob and the notes will be in the ag,.regate princidal
amount of $5,100,000.
By order of the Council of the Citv of Virginia Beach,
I
Virginia.
R
c a Beach,
Vir inia
6. MINUTES OF THE REGULAR MEETING OF NOVEMBER 14, 1977 TO BE PRESENTED FOR APPROVAL AND
'ACCEPTANCE.
'7. CONSENT AGENDA:
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. THERE WILL BE NO SEPARATE
DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND CONSIDERED SEPARATELY.
A.) LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE LOW BID OF W. B. MEREDITH,
III, IN(;., IN THE AMOUNT OF $442,900, FOR CONSTRUCTION OF THE ADMINISTRATIDN
BuILDING - FIRE TRAINING CENTER PHASE II AND FURTHER, AUTHORIZE THE CITY MANAGER
TO CONTRACT WITH THIS FIRM FOR THE CONSTRUCTION OF THIS FACILITY. FUNDS ARE
AVAILABLE.
B.) LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE LOW BID DF A. & W
CONTRACTORS, INC., IN THE AMOUNT OF $690,334.08, FOR THE CONSTRUCTION OF SHORE
DRIVE/NORTHAMPTON BOULEVARD, PHASE II WATERLINES, DIVISIONS I & II (BAYSIDE
BOROUGH, AND FURTHER, AUTHORIZE THE CITY MANAGER TO ENTER INTO THE NECESSARY
CONTRACTS TO IMPLEMENT THIS PROJECT.
c.) LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE LOW BID OF MEREDITH
CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $656,995.00, FOR CONSTRUCTION OF THE
SOCIAL SERVICES/MILLERS PROJECT AND FURTHER, AUTHORIZE THE CITY MANAGER TO ENTER
INTO THE NECESSARY CONTRACTS TO IMPLEMENT THIS PROJECT. FUNDS ARE AVAILABLE.
D.) LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE FOLLOWING BINGO/RAFFLE
PERMITS:
TIDEWATER TWIRLETTES BATON AND DRUM CORPS RAFFLE
BETA KAPPA CHAPTER ESA RAFFLE
E.) LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE REQUEST DF MR. V. A.
ETHERIDGE, CITY TREASURER, FOR TAX REFUNDS IN THE AMOUNT OF $444.93.
B. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR APPROVAL OF THE APPLICATION OF AUTOTRONIC SYSTEMS, INC., FOR A CONDITIONAL USE PERMIT
FOR A SELF-SERVICE GASOLINE SUPPLY STATION ON A .566 ACRE PARCEL LOCATED AT THE SOUTHEAST
INTERSECTION OF MILITARY HIGHWAY AND AUBURN DRIVE (KEmpsvILLE BOROUGH).
9. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR DENIAL OF THE APPLICATION OF JOHN M. TURNER FOR A CONDITIDNAL USE PERMIT FOR TWO
DUPLEXES ON A 10,000 SQUARE FOOT PARCEL LOCATED AT THE NORTHWEST CORNER CF 25TH STREET
AND MEDITERRANEAN AVENUE (VIRGINIA BEACH BOROUGH).
LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR APPROVAL OF THE APPLICATION OF MARCHUCK CORPORATION FOR A CONDITIONAL USE PERMIT FOR
MINI-WAREHOUSES ON A 3.35 ACRE PARCEL LOCATED NORTH OF THE VIRGINIA BEACH-NORFOLK EXPRESS-
WAY, WEST OF FIRST COLONIAL ROAD (LYNNHAVEN BOROUGH).
i. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR APPROVAL OF THE FOLLOWING ORDINANCES:
A.) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5 OF THE CZO PERTAINING TO SIDE YARD SET-
BACKS IN THE R-8 AND R-9 RESIDENTIAL DISTRICTS. (ARTICLE 5, PART H, SECTION 573(D)
AND ARTICLE 5, SECTION 582(C)(2).)
B.) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6 OF THE CZD PERTAINING TD SIDE YARD
SETBACKS IN THE A-1 AND A-4 APARTMENT DISTRICTS. (ARTICLE 6, SECTION 602(C)(2) AND
ARTICLE 6, SECTION 633(C).)
LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION
FOR APPROVAL OF THE FOLLOWING ORDINANCES: IT IS THE RECOMNIENDATION OF THE CITY MANAGER
THAT THE ORDINANCES NOT BE CONSIDERED FOR ADOPTION:
A.) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 4, SECTION 401(C) OF THE CZO PERTAINING
TO USE REGULATIONs IN THE AG-1 AGRICULTURAL DISTRICT.
B.) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, SECTION 501(C) OF THE CZO PERTAINING
TO USE REGULATIONS IN THE R-1 AND R-9 RESIDENTIAL DISTRICTS.
c.) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6, SECTION 601(C) OF THE CZO PERTAINING
TO USE REGU-ATIONS IN THE A-1 APARTMENT DISTRICT.
D.) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 7, SECTION 701(C) OF THE CZO PERTAINING
TO USE REGULATIONS IN THE H-1 HOTEL DISTRICT.
13. LETTER FROM THE CITY MANAGER TRANSMITTI'NG THE RECOMMENDATION OF THE PLANNING UDMMISSION
FOR APPROVAL OF AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 5.8 AND 5.9 OF THE SUBDIVISION
ORDINANCE RELATING TO WATER AND SANITARY SEWERAGE SYSTEMS. THE AMENDMENT WOULD ELIMINATE
THE PRESENT NECESSITY OF HAVING THE WATER AND SEWER AGREEMENTS PRESENTED TO CITY COUNCIL By
PROVIDING FOR APPROVAL BY THE CITY MANAGER AND THE DIRECTOR OF PUBLIC UTILITIES.
14. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF A RESOLUTION AUTHORIZING THE SALE
OF BONDS IN THE AMOUNT OF $15,900,000;
PURPOSE
SCHOOLS $ 7,672,000
STREETS & HIGHWAYS 1,523,156
SURFACE DRAINAGE SYSTEMS 712,888
LYNNHAVEN RIVER DREDGING 457,000
MUNICIPAL BUILDINGS 3,283,566
PARKS & RECREATION 2 251 390
TDTAL $15 900 000
15. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF AN ORDINANCE AUTHORIZING THE
ISSUANCE OF $2,000,000 DROUGHT RELIEF REVENUE BONDS OF THE CITY OF VIRGINIA BEACH
RECEIVED FROM THE ECONOmic DEVELOPMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF
COMMERCE AND FURTHER, AUTHORIZE THE CITY MANAGER TO PROVIDE THE INFORMATION NEEDED BY
BY THE FEDERAL GOVERNMENT IN ORDER TO RELEASE THE FUNDS.
16. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL, ON FIRST READING, OF AN ORDINANCE
TO APPROPRIATE FUNDS TO SUPPORT THE OPERATING AND DEBT SERVICE COSTS OF THE PEMBROKE,
PRINCEss ANNE, AND ARAGONA UTILITIES ACQUIRED BY THE CITY OF VIRGINIA BEACH IN THE
AMOUNT OF $696,478.
17. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF A RESCLUTION ENCOURAGING CONGRESS
TO ACT UPON LEGISLATION IN REGARD TO AN AMENDMENT TO THE FEDERAL WATER PCLLUTION CONTROL
ACT (PL 92-500) WHICH WOULD PROVIDE FUNDS FOR THE CONSTRUCTION OF THE ATLANTic TREATMENT
PLANT.
18. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL DF A RESOLUTION ACCEPTING 50% CASH
PAYMENT FROM PENN CENTRAL TRANSPORTATION COMPANY FOR THE AMOUNT OF TAXES OWED.
19. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING SECTION 33-2.1
OF THE CITY CODE TO INCLUDE PERSONS " DETERMINED TC) BE PERMANENTLY AND TOTALLY DISABLED"
AND APPROVAL, ON FIRST READING, AN ORDINANCE TO APPROPRIATE FUNDS TO ADMINISTER THE REAL
ESTATE TAX EXEMPTION PRDGRAM FOR THE PERMANENTLY AND TOTALLY DISABLED IN THE CITY OF
VIRGINIA BEACH IN THE AMOUNT OF $1,000.
20. DLD BUSINESS, DEFERRED FROM THE PREVIOUS MEETING, INCLUDING ANY REPORT OF THE MAYOR OR
COMMITTIES NAMED BY COUNCIL.
21. NEW BUSINESS, INCLUDING ANY PRESENTATIONS BY COUNCIL MEMBERS, CITIZENS AND ORGANIZATIONS.
22. MOTION FOR ADJOURNMENT.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGI?4IA
November 21, 1977
The regular meeting of the Council of the City of Virginia Beach, was called to
order by Mayor Clarence A. Holland, in the Conference Room, in the Administration
Building, Princess Anne Borough, November 21, 1977, at 1:00 p.m.
Council Members present: John A. Baum, Robert B. Cromwell, Jr., John R. Griffin,
Mayor Clarence A. llolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Council Member absent: George R. Ferrell
ITEM #11481
Mayor Holland entertained a motion to permit Council to conduct an informal session
to be followed by an executive session for tbe purpose of discussing the following:
1. Discussion or consideration of employment,
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. Investing of public funds where competition or
bargaining are involved where, if made public
initially, the financial interest of the governing
unit would be adversely affected.
4. Consultation with legal counsel and briefing by
staff members, consultants, or attorneys pertaining
to actual or potential litigation, or other legal
matters within the jurisdiction of the public body.
On motion by Vice Mayor Standing, seconded by Councilman Waterfield, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. @lenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to proceed into the executive session following the informal
discussion.
ITEM #11482
ARTS AND CONFERENCE CENTER - BIDS
The City Manager stated that he would like to discuss with Council the possibility
of reducing the cost of the Arts and Conference Center without reducing the
functionality, attractiveness, and design of the buildine. It has been an extremely
difficult and tiring task on everyone including the low base bidder. The low base
bid was $16,450,000, but now lias been reduced to $15,039,100.
The City Manager introduced the principal architect, Mr. A. G. Odell, head of the
firm Odell and Associates.
1 1 / 2 1 / 7 7
-2 -
The City @lanager listed the following items that had been removed from the facility:
1. Eliminate structures that were thought to be
nice but not necessary to the functionality:
a. Canopy for protective purposes.
b. Tree wells
C. Instead of using prestress concrete
use casal - paneling
d. Changing ceiling on inside, instead
of sprayed, substitute an acoustic
ceiling
e. Decorative lighting in convention center
ITEM #11483
The City Manager stated that on the water conservation measures, he will be bringing
to Council a request to move the deadline from February 1, 1978, to May, 1978.
ITEM #11484
Mr. C. Oral Lambert, Director of Public Works, appeared at the informal meeting to
discuss with Council a maintenance proposal. This proposal would be to place wooden
walkways across the dunes at Sandbridge to keep them from eroding.
ITEM #11485
At 2:15 p.m., City Council reconvened in the Council Chambers with the following
members present:
John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Council Members absent: George R. Ferrell, and J. Henry McCoy, Jr.*
The invocation was given by the Reverend Mark Stone, London Bridge Baptist Church,
followed by the Pledge of Allegiance.
ITEM #11486
On motion by Councilman Griffin, seconded by Councilman Waterfield, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and J. Henry McCoy, Jr.
City Council voted to approve the minutes of the regular meeting of November 14,
1977, and dispensed with the reading of said minutes inasmuch as each Council
Member had a copy.
I I / 2 1 / 7 7
- 3 -
ITEM #11487
The following bids were received for construction of the Administration Building -
Fire Training Center, Phase II:
W. B. Meredith, II, Incorporated $442,900.00
Shirley Construction Corporation 454,057.00
Architectural Estimate $460,000.00
On motion by Councilman Baum, seconded by Vice Mayor Standing, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and J. Henry McCoy, Jr.
City Council voted to approve the low bid of W. B. Meredith, II, Incorporated, in
the amount of $442,900, for the construction of the Administration Building - Fire
Training Center, Phase II; and further authorized the City Manager to contract with
this firm for the construction of the facility.
ITEM #11483
The following bids were received for water system improvements, Shore Drive/North-
ampton Boulevard, Phase II Waterlines, Divisions I & II, Bayside Borough:
A & W Contractors, Incorporated $ 690,334.08
Greenbank Service Company 706,649.00
Central Builders, Incorporated 716,326,39
Major T. Archbell, Incorporated 721,555.90
S. W. Downer, Jr., Company 755,930.00
Engineer's Estimate $1,066,878.00
On motion by Councilman Baum, seconded by Vice Mayor Standing, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Ilayor
Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and J. Henry McCoy, Jr.
City Council voted to approve the low bid of A. & W. Contractors, Incorporated, in
the amount of $690,334.08, for the water system inprovements, Shore Drive/Northampton
Boulevard, Phase II Waterlines, Divisions I & II, Bayside Borough; and further
authorized the City Manager to execute the necessary documents to implement this
project.
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- 5 -
ITEM @ili'491
*COUNCILMAN MCCOY ENTERED MEETING AT 2:18 p.m.
Mr. Charles E. Payne appeared before Council regarding the low bid of Meredith
Construction Company, Incorporated, in the amount of $656,995.00 for the con-
struction of the Social Services/Millers project.
Mr. William Meadows appeared also regarding tliis matter.
After considerable discussion, Councilman Cromwell made a motion, seconded by
Vice Mayor Standing, to defer for two weeks a%@arding the low bidder the contract
for the construction of the Social Services/Millers project. The recorded vote
is as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to defer two wee'-, awarding tlie low bidder the contract for
L'.ie co sLruci:ior, of L@.,ae -@,)cial S--rvices"Millers project.
Discussion of the bid submitted by Meredith Construction Co., Inc., in the amount
of $656,995.00, had raised the question as to whether the Meredith Company has
complied with the State Statutes which require the state registration of subcontractors
when the subcontract exceeds certain amounts and in addition, assurance that the
Meredith Company has complied with the Federal Regulations regarding the percentage of
a contract on public works which stipulates that minority business must be given the
opportunity to bid on such work.
I / 7 7
ITE@l ','ll492
Application of Autotronic Systems, Inc., for a Conditional Use Permit for a
self-service gasoline stipply station on certain property located at the
Souttieast intersection of Military Highway and Auburn Drive, running a
distance of 114 feet along the South side of Auburn Drive, running a
distance of 206 feet along the Eastern property line, running a distance of
145 feet along t@ie Soutliern pt,oper,ty line, ruilning a distance of 138.6 feet
along the East side of Military Higliway aiid running arOLind a curve a
distance of 25 feet. Said parcel contains .566 acre. KEMPSVILLE BOROUGH.
Planning Cornmission Recomrnendation:
A motion was passed by the Plannirig Commission by a recorded vote of 9 for
the motion and 4 agaiiist to approve this request.
For the information of the applicant, prior to the issuance of a building
permit, the follwing will be requ@red by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Restroom facilities for employees.
4. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Statiotis.
@ir. W. W. Hammer, Attorney, represented the apl)licant
VICE @FAYOR STANDING LEFT COUNCIL C@14BERS
On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. 'ienry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell and Vice mayor Patri,k L. Standing
City Council voted to adopt the following resolution upon application of Autotronic
Systems, Incorporated, for a Conditional Use Permit for a self-service gasoline
service station:
RESOLUTION UPON APPLICATION OF AUTOTRO14IC SYSTEMS,
INCORPORATED, FOR A COliDITIONAL USE PERMTT FOR A R01177149
self-service gasoline supply station:
BE IT RESOLVED BY THE COUNCIL OF T@IE CITY OF VIRGINIA BEACII, VIRGINIA, that:
Application of Autotronic Systems, incorporated, for a Conditional Use Permit for
a self-service gasoline supply station on certain prop rty 1.,atd at the South-
east intersection of Military Highway and Auburn Drive, running a distance of 114
feet along the South side of Auburn Drive, running a distance of 206 feet along
the Eastern property line, running a distance of 145 feet along the Southern pro-
perty line, running a distance of 138.6 feet along the East side of Military Highway
and running arouiid a curve a distance of 25 feet. Said parcel contains .566 acre.
Kempsville Borougli.
For the information of the applicant, prior to the issuance of a building permit,
the failowing will be required by the administrative staff:
1. Standard improveinents as required by tlie Site Plan Ordinance.
2. City water and sewer.
3. Restroom facilities for employees.
4. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobiie Service Stations,
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21
day of -November 1 1977.
7 -
ITEM #11493
VICE MAYOR STANDING RETURNED TO C@ERS
Application of John M. Turner for a Conditional Use Permit for two duplexes
on certain property known as Parcel B and C as shown on the plat entitled
"Subdivision of Property of Lots 1, 3, 5, 8, East 20 feet of Lot 7, Block
128, Map No. 6, Virginia Beach Development CorFpany" and recorded in Map
Book 5, Page 103 in the Office of the Clerk of Circuit Court, located at the
Northwest corner of 25th Street and Mediterranean Avenue, running a
distance of 70 feet along the North side of 25th Street, running a distance
of 71.43 feet in a Northerly directioti, running a distance of 2.92 feet in
a Wcster-ly directic)n, running a distance of 68.57 feet in a Northerly
directiDn, running a distance of 72.92 feet along t@ie Northern property
Iiiie and running a distance of 140 feet along the West side of Mediter-
ranean Avenue. Said parcel contains 10,000 squai-e feet more or less.
VIRGINIA BEACH BOROUGH.
Planning Commissioii Recommendation:
A motion was passed unanifnously by the Planning Commission by a recorded
vote of 13 to deny this request. It was felt that approval of this request
would be detrimental to the single family homes in this area.
Mr. Harris Pulley, Attorney, appeared rei)rescnting tl)e applicant
Mr. W. H. Kitchen, IV, appeared in opposition
On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, @layor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell.
City Council voted to deny the above application of John @l. Turner for a Conditional
Use Permit for two duplexes on certain property known as Parcels B and C as shown on
the plat entitied "Subdivision of Property of Lots 1, 3, 5, 8, East 20 feet of Lot 7
Block 128, Map No. 6, Virginia Beach Development Coml)any" and recorded in Map Book 5
Page 103 in the Office of the Clerk of Circuit Court, located at the Northwest corner
of 25th Street and Mediterranean Avenue, running a distance of 70 feet along the liorth
side of 25th Street, running a distance of 71.43 feet in a Northerly direction, running
a distance of 2.92 feet in a Westerly direction, runnin.- a distance of 63.57 feet in a
Northerly directiola, running a distance of 72.92 feet along the Northern property line
and running a distance of 140 feet along the West side of Mediterranean Avenue. Said
parcel contains 10,000 square feet more or less. Virginia Beach Borough.
This request was denied as it was felt thal approval would be detrimental to the
single family homes in the area.
I I / 2 1 / 7 7
ITEM #11494
Application of Marchuck Corporatiori for a Conditional Use Permit for mini-
warehouses on certain property located o the orth side of t-he Virginia
Beach-Norfolk Expressway beginning at a poiiit 483.91 feet West of First
Colonial Road, running a distarice of 180 feet along the iqorth sie of t@le
Virginia Beach-Norfolk Expressway, r@iniiing a distaiice of 655 feet alo:ig the
Western property line, running a distance of 660 feet along the Nor'L-hern
property line, running a distance of 60 feet along the West side of First
Colonial Road, running a distance of 483.91 feet in a Westerly direction
and running a distance of -D74.30 feet in a Soutilerly direction. Said
parcel contains 3.35 acres. LYNNHAVEN BOROUGH.
Plaiining Coiiiniission Recoiii@iendation:
A motion was passed unariimously by tlie Planniiig Comaiission by a recorded
vote of 13 to approve this r-equest.
For the information of the applica'nt, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Restroom facilities for employees.
4. Development on this site shall include both the right-of-way
COUNCILMAN WATERFIELD LEFT CHAMBERS
Mr. Harry Lester, Attorney, represented the applicant
Mr. Charles Rosenblatt appeared regarding his application.
On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffi-n, Mayor
Clarence A. iloiland, J. Henry McCoy, Jr., Councilwoman Nieyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Vice Mayor ratrick- L. Sta@lding
Nays: None
Absent: Councilmen George R. Ferrell, and Floyd E. waterfield, Jr.
City Council voted to approve the following resolution upon application of Marchuck
Corporation for a Conditional Use Permit for mini-warehouses:
RESOLUTION UPON APPLICATION OF @@t@RCHUCK CORPORATTON R01177150
FOR A CONDITIONAL USE PERMIT FOR miiii-warehouses
BE IT RESOLVED BY TIIE COUNCIL OF THE CITY OF VIRGI\IIA BEACII, VIRGIINIA, that:
ApplicaLion of Marchuck Corporation for a Conditional L'se Permit for mini-warehouses
on certain property located on the North side of the Virginia Beach-Norfolk Expressway
beginning at a point 483.91 feet @4est of First Colonial Road, running a distance of
180 feet along the North side of the Virginia Beach-Norfolk Expressway, running a
distance of 655 feet along the Western property line, running a distance of 660 feet
along the Northern property line, runiiin@, a distance of 60 feet along the West side
of First Colonial Road, running a distance of 483.91 feet in a Westerly direction
and running a distance of 574.30 feet in a Southerly direction. Said parcel. contaitis
- 9 -
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer
3. Restroom facilities for employees.
4. This item was deleted by Council
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 21
day of November, 1977
ITEM #11495
COUNCILMAN WATERFIELD RETURNED TO CHAMBERS
On motion by Councilman Baum, seconded by Councilman Waterfield, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Crorqwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to defer for one week the following ordinance to amend and
reordain Article 5 of the Comprehensive Zoning Ordinance pertaining to side yard
setbacks in the R-8 and R-9 Residential Districts: I I / 2 17 7
AN ORI)IINA@N(-,E 'iO A.MEND AND REORDAliN
ARTICLE 5 OF THE COMPREHENSJVE ZON-
ING ORDINANCE PERTAIINING TO SIDE YARD
SETBACI',S IN THE R-8 AND R-9 RESIDEINTIAL
DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINI-A:
That Article 5, Part H, Section 573(d), of the C. Z. 0. is arnended and re-
ordained as follo-,vs:
(d) Side and rear yards. For one family detached dwellings, serni-
detached dwellings and two family detached dwellings, the mini-
rnum rear yard sl-iall be ten (10) feet. Oi-i@ The minimum side
yard shall be seven and one-half (7-1/2) feet and-t4i@
Minimum side
and rear yards for uses other tliaii a dwelling shall be fifleen
(15) feet. In the case of a corner lot, the side yard setback
adjacent to a street shall be increased ten (10) feet for all
perrnitted uses. Rear yards adjacent to the Atlantic Ocean shall
have an additional tw--nty (20) foot rear yard setback, a total of
thirty (30) feet.
That Article 5, Section 582(c)(2), of the C. Z. 0. is amended and reordained
as follows:
(2) For building groups of three or more attached dwellings, the
minimurn side yard setback shall be ten (10) feet for the lots
at each end of each building group. For building groups of, @o
attached dwellings, the minimum side yard set]Dack shall be
seven and one-half (7-1/2) feet for the lots at each end of each
building group.
Adopted by the Council of the City of Virginia Beach, Vir,,inia, on the
AP"ROY
day of 1977. AD AS 70 CZ@N'rEtIT
DEFF@ ON'E Tl='
A p p p@ 0 v r- P, ,.l
CITY ATTORNEY
- I I -
ITEM #11496
On motion by Councilman Baum, seconded by Councilman Waterfield, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to defer for one week the following ordinance to amend and
reordain Article 6 of the Comprehensive Zoning Ordinance pertaining to side yard
setbacks in the A-1 and A-4 Apartment Districts:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6 OF THE COMPREI-IENSIVE ZON-
ING ORDINANCE PERTAINING TO SIDE YAPD
SETBACKS IN THF- A-1 AND A-4 APAR, I.MENT
DISTRIC TS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII,
VIRGINIA:
That Article 6, Section 602(c)(?), of the C. Z. 0. is arnended and reordained
as follows:
(Z) Side and rear yards sliall have a minimurn depth of:
(i) Ten (10) feet in the case of multiple family, detached
ahd -@@ -c4e and lodging use (as a principal use),
and seven ancl one-half (7-1/2) feet in the case of semi-
detached dwell'
Ln@s
Tliat Alticle 6, Section 613(c)(2), of the C. Z. 0. is amended and reordained
as follows:
(2) Side and rear yards shall have a minimurn depth of:
(i) Ten :(10) feet in the case of rnultiple family, detached
alqEl@i*l-i@ta-c4i.e@ and lodging use (as a principal use),
and seven ancl one-half (7-1/2) feet in the case of semi-
detached dwellin@s;
That Article 6, Section 633(c), of the C. Z. 0. is amended and reordained
as follows:
(c) The rninimum yard requirements shall be as follows:
Front, rear and side yards shall have a minimum depth of
ten (10) feet. In the case of semi-detached dwellings, the
rninimum sid seven and one-half (7-1/2)
Such yard shall, except for necessary access walks
and drives, be m,@intaincd in landscaping and shall not be
used for parking.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1977.
11/21 7 7
DEFERRED O@Z V7EEK
ITEM #11497 - 1 2 -
On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded
vote as follows:
Ayes: Councilmen Johii A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman 14eyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice @layor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman Geor.-e R. Ferrell
City Council voted to defer indefinitely the following ordinance to amend and
reordain Article 4 of the Comprehensive Zoning Ordinance uertaining to use
regulations in the AG-1 Agricultural District:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, OF THE COMPRFHENSIVE ZON-
ING ORDINANCE PERTAINING'EO USE REGULA-
TIONS IN THE AG-1 AGRICULTURAL DISTRICT
BE IT ORDAINED BY TI-IE COUNCIL OF THE CII'Y OF VIRGINIA BEACH,
VIRGINIA:
That Article 4, Section 401(c), Conditional Uses and Structures, of the
C. Z. 0. is amended and reordained as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with tlic provisions of
Part C of Article ? iiereof:
(6) Eleemosynary establishments, provided that the minii-num
lot area is 3 acres;
(7) 4.64- Extractive industries, including the removal of sand and
soil;
(8) (T)- Fraternity and sorori.ty houses, student dormitories and
student centers; provided that tl-,e same be located within a
one (1) i-iiile radius of a college or university;
(9) (-&)- Golf courses, iiacluding par 3, with a rniiaimurn area of
ten (10) acres, and miniature golf courses;
(I 0) @9-)- Homes for the aged, disabled or handicapped, including
convalescent or nursing hornes; maternity 1-iomes; child
care centers, day nurseries, other than those covered
as permitted principal uses and structures hereinabove,
when not operated by a public agency;
@l-N Hospita's and sanitariums;
(12) @l4@ Mirinq i@,l ... Ii , , f@ , il ; 1- i . @ f+ l 4 V
1 3-
(14) @1-34 Museurns and art galleries when not operated by
a public agency;
(15) Cl@ Private schools having academic curriculums similar
to public schools;
(16) @l@ Public utility transformer stations and major trans-
mission lines and towers (50, 000 volts or more);
(17) @1-64 Recreation and amusement facilities of an outdoor nature
other than as specified under permitted principal uses
and structures, which may be partially or temporarily
enclosed on a seasonal basis with approval of City
Council;
(I 8) @1-74 Recreational campgrounds;
(i 9) @l@ Riding academies, horses for hire or boarding;
(20) @l@ Storage, offices or maintenance installations for
public utilities;
1) (-Z.N Television or other broadcasting stations and line-of-
sight relay devices;
2) @2,14 Lodges for fraternal organizations;
(23) (-Z-24 Two family detached dwellings.
That Article 4, Section 404, Off-Street Parking Requirements, of the
C. Z. 0. is amended and reordained as follows:
(g) Eleemosynarv establishments: at least one (1) space per four
hundred (400) square feet of floor area;
(h) (-g @ Fraternity or sorority house, student dormitory: at least one
(1) space per two (2) lodging units or one (1) space per three
(3) occupants, whichever is greater;
(i) @l*) Golf courses: at least five (5) spaces per hole of the Main
course;
(j) (4@ Hospital: at least two and one-half (2. 5) spaces per patient
bed;
1 4 -
(k) Lodging units: at least one (1) space for each lodging unit;
(1) Museums and art galleries: not less than ten (10) spaces and
an additional space for each three hundred (300) square feet
of floor area. or fraction thereof in excess of 1, 000 square
fee t;
(m) Uses permittible under conditional use permits shall comply with
the off-street parking requirements specified in the conditional
use permit.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1977.
DEFERRED INDEFINITELY APPROYP AS TO CC)NIC@MT
DE
P@n'.
f7fTY Af f O"NEY
ITEM #11498
On motion by Councilman Griffin, seconded by Counciln Riggs, and by recorded
vote as follows:
Ayes: Councilmen John A. Ba-, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman meyera E. Oberndo,f, J.
Curtis Payne, Roger L. Riggs, vice Mayor Patrick L. St,,nding, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
CitY Council voted to defer indefinitely the following ordinance to amnd and
reordain Article 5 of the Comprehensive Zoning Ordinance pertaining to use
regulations in the R-1 and R-9 Residential Districts:
1 5 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO USE REGULATIONS
IN THE R-lkND R-9 RESIDENTI-AL DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 5, Section 501(c), of the C. Z. 0. is amended and reordained
as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(3) Eleemosynary establishments, provided that the rninimum
lot area is 3 acres;
(4) (3-)- Extractive industries, including the rernoval of sand and
soil;
(5) (4-)- Facilities for the production of live theatre and allied
purposes including education in the theatre arts;
(6) (5.)- Fraternity and gorority houses, student dormitories and
student centers, provided, however, that the same shall
be located within a one (1) mile radius of an established
college or university;
(7) (6-)- Home occupations;
(8) @@y Marinas, other than comrrercial, excluding facilities for
storage and repair of boats and sale of boating supplies
and fuel;
(9) (g)- Museums and art galleries when not operated by a public
agency;
(10) @9.)- Non-illuminated golf courses; including par 3 but not
miniature, with a rninimum area of ten (10) acres, together
with such uses which are incidental to golf courses, pro-
vided that such uses shall be designed and scaled to meet
only the requirements of the members, guests, or users of
the golf course, and no signs or other indications of such
uses shall be visible from any public way;
1 6 -
@l-N Private scbools having academic curriculurns sirnilar to
public schools:
(12) @l4@ Recreation facilities of an outdoor nature, other than
as specified under permitted principal uses and
structures, which may be partially or temporarily
enclosed on a seasonal basis, with the approval of
City Council, except that riding academies and
recreational carnpgrounds shall not be allowed as a
conditional use or otherwise;
(13) @1-24 Residential kennels;
(14) (1-34 Stables for horses, provided that no stable shall be
within three hundred (300) feet of any property line;
(15) (1.q Storage or maintenance installation for public
utilitie s;
(16) @l@ Television or other broadcasting stations and line-of-
r,ight relay devices.
That Article 5, Section 505, Off-Street Parking Requirements, of the C. Z. 0.
is amended and reordained as follows:
(f) EleemosynarV establishments: at least one (1) space per four
hundred (400) square feet of floor area;
(g) (.f @ Fraternity or sorority houses, student dormitories: at
least one (1) space per two (Z) lodging units or one (1)
space per three (3) occupants, whichever is greater;
(h) Golf courses: at least five (5) spaces per hole of the
main course;
(i) @l+) Museums and art galleries: not less than ten (10) spaces
and one (1) additional space for each three hundred (300)
square feet of floor area or fraction thereof in excess of
1, 000 square feet;
(j) @i4 Uses permissible under conditional use permit shall comply
with the off-street parking requirements specified in the
conditional use permit.
That Article 5, Section 581(c), of the C. Z. 0. is amended and reordained
as follows:
1 7 -
(c) Conditional uses and structures. Uss ancl structures herein-
after specified; subject to coi-npliance with the provisions of
Part C of Article 2 hereof:
(3) Eleernosynary establishrnents, T)rovided that the minimum
lot area is 3 acres;
(4) (3-) Extractive industries, including the removal of sand and
soil;
(5) (4) Facilities for the production of live theatre and allied
purposes including education in the theatre arts;
(6) @5-) Marinas, including facilities for storage and repair of
boats and sale of boating supplies and fuel;
(7) Museums and art galleries -,vlien not operated by a public
agency;
(8) Private schools having acadernic curriculums sirnilar to
public schools;
(9) (4) Recreation and arnusement facilities of an outdoor nature,
other than as specified under permitted principal uses
and structures, which may be partially or temporarily
enclosed on a seasonal basis with approval of City
Council, except that riding acaclernies and recreational
campgrounds shall not be allowed as a conditional use
or otherwise;
(10) (9-) Storage and maintenance installations for public utilities.
Adopted by the Council of the City of VirginiaBeach, Virginia, on the
day of 1977.
DEFERRED INDEFINITELY
ITEM #11499
On motion by Councilman Griffin, seconded by Councilman Riggs,.and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to defer indefinitely the following ordinance to amend and
reordain Article 6 of the Comprehensive Zoning Ordinance pertaining to use
regulations in the A-1 Apartment District:
1 8-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO USE REGULATIONS
IN THE A-1 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 6, Section 601(c), Conditional Uses and Structures, of the
C. Z. 0. is amended and reordained as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article Z hereof:
(3) Eleemosynary establishments, provided that the minimum
lot area is 3 acres;
(4) (3.)- Extractive industries, including the removal of sand
and soil;
(5) (4)- Facilities for the production of live theatre and al-
lied purposes, including education in the theatre arts;
(6) @5-)- Fraternity and sorority houses, student dormitories
and student centers;
(7) Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes;
(8) Hospitals and sanitariurns;
(9) Marinas, including facilities for storage and repair
of boats and sale of boating supplies and fuel;
(10) (4)- Medical offices and clinics;
(11) Cl@ Mobile home parks;
(12) @14 Museums and art galleries when not operated by a public
agency;
1 9 -
(13) (1-2@ Private schools having acadernic curriculums similar to
public schools;
(14) (1-34 Rerreati.on and amusement facilities of an outdoor nature
other than as specified under permitted principal uses
and structures, which may be partially or temporarily
enclosed on a seasonal basis with approval of City
Council, except that riding academies and recreational
campgrounds shall not be allowed as a conditional use
or otherwise;
(15) (144 Television or other broadcasting stations and line-of-
sight relay devices.
That Article 6, Section 605, Off-Street Parking Regulations, of the C. Z. 0.
is amended and reordained as follows:
(h) Eleemosynary establishments: at least one (1) space per four
hundred (400) square feet of floor area;
(i) Fraternity or sorority houses, student dormitories: at
least one (1) space per three (3) occupants;
(j) (4@ Golf courses: at least five (5) spaces per hole of the
main course;
(k) (j@ Hospitals: at least 2. 5 spaces per patient bed;
(1) (k) Museums and art galleries: not less than ten (10) spaces and
an additional space for each three hundred (300) square feet
of floor area or fraction thereof in excess of 1, 000 square
fee t;
(m) (4 @ Nurses homes and similar housing for institutional employees:
at least one (1) space per four (4) occupants;
(n) C@ Private clubs and lodges, special centers, athletic clubs
and the like: at least one (1) space per one hundred (100)
square feet of floor area;
(o) (i*) Uses permissible under conditional use permit shall comply
with the specific off-street parking requirements attached
to the conditional use permit.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1977.
DEFERRED INDEFINITELY
ITEM #11500
On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, ilayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman l@eyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
city Council voted to defer indefinitely the following ordinance to amend and
reordain Article 7 of the Comprehensive Zoning Ordinance pertaining to use
regulations in the H-1 Hotel District:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 7 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAI-NING TO USE REGULATIONS
IN THE H-1 HOTEL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 7, Section 701(c), Conditional Uses and Structures, of the
C. Z. 0. is amended and reordained as follows:
(c) Conditional uses and structures. Uses and stru,t,,,es herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(1) Eleemosynary establishments, provided tbat the minimum
lot area is 3 acres;
(2) @l@ - Extractive industries, including the removal of sand and
soill-
(3) (2-)- Heliports and helistops;
(4) @3-)- Marinas, other than as accessory uses, including facili-
ties for storage and repair of boats and sale of boating
supplies and fuel;
(5) (4)- Museums and art galleries when not operated by a public
agency;
(6) @5-)- Recreational and amusement facilities of an outdoor nature
other than as accessory uses, which may be partially or
temporarily enclosed on a seasonal basis with approval o,
City Council, except that riding acadernies and recreational
carnpgrounds shall not be allowed as a conditional use or
otherwise.
That Article 7, Section 706, Off-Street Parking Requirements, of the
C. Z. 0. is amended and reordained as follows:
(d) Eleemosynary establishn-ients: at lease one (1) space per four
hundred (400) square feet of floor area; 11 21 7 7
2 1-
(e) Golf courses: at least five (5) E3paces per hole of the main
course;
(f) Meeting roorns and convention hall facilities accessory to a
hotel: at least one (1) space per twenty (20) seating capacity;
(g) Museurns and art galleries: not less than ten (10) spaces a@d
an additional space for each three hundred (300) square feet
of floor area or fraction thereof in excess of 1, 000 square
feet;
(h) Uses permissible under coiiditional use permits shall comply
with the off-street parking requirements specified in the
conditional use permit.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 197 7.
DEFERRED INDEFINITELY
ITEM #11501
On motion by Councilman Baum, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Ilolland, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays: Councilman J. Henry McCoy, Jr., and Councilwoman Meyera E. Oberndorf
Absent: Councilman George R. Ferrell
City Council voted to approve the following ordinance to amend and reordain
Sections 5.8 and 5.9 of the Subdivision Ordinance of the City of Virginia Beach
relating to water and sanitary sewerage systems:
- 2 2 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 5. 8 AND 5. 9 OF THE SUBDIVISION
ORDINANCE OF THE CITY OF VIRGINIA
BEACH RELATING TO WATER AND SANITARY
SEWERAGE SYSTEMS
BE IT ORDAINED BY TF-TE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 5. 8 of the Subdivision Ordinance of the City of Virginia Beach
is hereby amended and reordained as follows:
Section 5. 8. Water Supply.
(a) Every subdivision shall have a water supply system adequate for the
type of development proposed and so related to existing or potential surround-
ing development as to form a logical part of a coordinated system, minimizing
potential water supply problerns for the general area. Each lot in subdivisions
shall be provided with water from the public water system when reasonably
available. If the Director of Flublic Utilities should determine that public water
is not reasonably available, then privately supplied general and/or individual
water supply systems shall be constructed, and shall be designed to facilitate
later connection with the public system. Such privately supplied facilities
shall be permitted only after approval by the State Board of Health and the City
Department of Health. All publicly supplied systerns provided by the developer
shall be offered for dedication to the City of Virginia Beach at no cost to the
City, upon completion. The system shall include, but it shall not be lirnited
to, the necessary mains, laterals, service connections, valves, hydrants,
and accessories to supply water to the various lots of the proposed development.
11121 / 7 7
- 2 3 -
All privately supplied general systems shall be offered for dedication to
the City of Virginia Beach at such time as a public water supply is determined
by the Director of Public Utilities to be reasonably available. All offers of
dedication of any system shall be deemed to include all necessary easements
and rights-of-way for the maintenancc and operation thereof.
Nothing herein shall be deemed to prohibit installation of private irrigation
facilities not used for domestic water supply.
(b) All water supply systems, other than private individual systems, shall
be planned and constructed to meet the standards and specifications of the
Department of Public Utilities. Developer shall, at its expense, have plans and
specifications for the system prepared by a professional engineer certified by
the State of Virginia. Before construction is commenced, all plans and
specifications must be reviewed by and have the approval of the Department
of Public Utilities. The developer shall notify the City prior to starting of con-
struction so that inspection may be provided. Any work covered prior to in-
spection may be required to be uncovered at the developer's expense. All
construction shall be in accordance with approved plans. No changes shall be
made in approved plans without further approval by the Department of Public
Utilities.
(c) Fire hydrants shall be installed in the manner and at locations required
by the specifications of the Department of Public Utilities. Developer shall
pay $100 per hydrant as the first year's hydrant rental.
11 / 2 1 / 7 7
- 2 4-
(d) Developer shall pay all costs of inspection, testing and chlorination,
and such other costs as rnay be involved in the connection to the public water
supply. Developer shall also pay such connection, line and tap fees as may be
specified by City ordinance. No water shall be furnished by the City to any
lot created under this ordinance until all charges are paid.
(e) Developer shall furnish a cornpletion bond, with corporate surety or
other security, as approved by the City Attorney, in an amount as required by
the Director of Public Utilities, which bond shall remain and be in full force
and effect until a final inspection of the system is made and the City accepts
such system. No bond shall be required to remain in full force and effect
beyond the final inspection if a public water supply will not be available within
a reasonable time after completion of the said system.
(f) Developer will indemnify, keep and hold the City free and harmless
from any contractual liability of developer and from all claims on account of
injury to developer, lessee, purchaser or any other person, firm or corpora-
tion, or damage to the property of the developer, lessee, purchaser or any
other person, firm or corporation arising from or growing out of the design,
approval, construction, and/or installation of the said water distribution
system.
(g) The City may suspend supplying water to any subdivision, including
any property leased or purchased in said subdivision, at any time upon three
(3) day's written notice to that effect given to any such owner of property by
the Director of Public Utilities, when in the Director's judgement:
11 / 21 7 7
- 2 5 -
(1) The use of water is excessive or interferes with or irnpairs the
rnaintenance and operation of the City's distribution; or
(Z) Developer or any purchaser or lessee of any property in the sub-
division fails, refuses or neglects to observe or comply with any of the terrns
and conditions of this ordinance, or any other law, ordinance, resolution,
rule or regulation governing water supply services in the City; or
(3) An emergency exists and suspension of the service is required on
account thereof, which may be done without notice.
That Section 5. 9 of the Subdivision Ordinance of the City of Virginia Beach
is hereby amended and reordained as follows:
Section 5. 9. Sanitary Sewerage.
(a) Every subdivision shall have a sanitary sewerage system adequate for
the type of development proposed and so related to existing or potential surround-
ing development as to form a logical part of a coordinated systern, minimizing
potential sanitary sewerage problems for the general area. Each lot in sub-
divisions shall be connected with the public sewerage system when reasonably
available. If the Director of Public Utilities should determine that public sewerage
is not reasonably available, then privately supplied general and/or individual
sewerage systems shall be constructed, and shall be designed to facilitate later
connection with the public system. Such privately supplied facilities shall be
permitted only after approval by the State Board of Health and the City Depart-
ment of Health. All publicly serviced systems provided by the developer shall
be offered for dedication to the City of Virginia Beach at no cost to the City,
11 / 2 1 / 7 7
- 2 6 -
upon completion. The systern shall include, but shall not be limited to, the
necessary force mains, sewer mains, laterals, lines, pipes, pumping stations
and other facilities needed to service the various lots of the proposed develop-
ment.
All privately supplied general systems shall be offered for dedication to
the City of Virginia Beach at such time as public sewerage is determined by
the Director of Public Utilities to be reasonably available. All offers of
dedication of any system shall be deemed to include all necessary easements
and rights-of-way for the rnaintenance and operation thereof. Such dedications
shall be limited to facilities capable of serving more than one customer, plus
laterals up to but outside private property lines.
(b) All sanitary sewerage systems, other than private individual systems,
shall be planned and constructed to meet the standards and specifications of
the Departrnent of Public Utilities. Developer will, at its expense, have plans
and specifications for the system prepared by a profeessional engineer certified
by the State of Virginia. Before construction is commenced, all plans and
specifications must be reviewed by and have the approval of the Department of
Public Utilities. The developer shall notify the City prior to starting of con-
struction so that inspection rnay be provided. Any work covered prior to
inspection may be required to be uncovered at the developer's expense. All
construction shall be in accordance with approved plans. No changes shall be
made in approved plans without further approval by the Department of Public
Utilities. Upon final approval of the system, City will notify the developer in
writing when the City will receive sewage originating in the area and will specify
the date upon which the developer may discharge sanitary sewage into the City
system.
II/Zi/77
- 2 7 -
(c) Individual sewerage systerns shall be permitted only when approved
by the Director of Public Health, upon findings that the type of system proposed
will be effective in the area in which it is proposed to be used, and will not
create health hazards on the lot, on adjacent property, or in the form of un-
lawful pollution of water. The Director of Public Health may prohibit certain
types of systems in areas to which they are not adapted, may require the use
of other systems, may specify increases in lot sizes above those generally
required if necessary to make such systems effective, and may specify the
manner in which such systems are to be located or designed to meet the needs
of particular sites or areas.
If the Director of Public Health should determine that any land proposed
for subdivision should be neither approved nor disapproved for septic tank
installation, but instead approved subject to compliance with criteria for septic
tank installation in poorly drained soil, then he shall require a land rnanagement
plan consisting of a location of proposed septic tank or tanks and a proposed
drainage plan to be submitted for his approval. Furtherrnore, he shall require
covenants providing for satisfactory construction, repair, maintenance, and
operation of the total system at the cost of the landowner. Such covenants
are to be executed and recorded prior to his approval of the final plat.
Further, in,such case, the final plat shall make reference by general note
to the conditions of approval and to the deed book and page number of the recorded
covenant.
(d) Where general sewerage systems provided by the developer include
purnping stations, where on-site standby power is not provided by the developer,
11 / 2 1 / 7 7
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the developer will be required to deposit with the Departrnent of Flublic Utilities,
the sum of $1, 000 per pumping station to be used for the purchase of emergency
portable equipment. In the event a sewerage pumping station will have a capacity
greater than 1, 000 gallons per minute pumping rate, an additional fee of $1. 00
per gallon per minute over 1, 000 gallons per minute will be required.
(e) Developer shall pay all costs of engineering and inspection and such
other costs as may be involved in the connection to the public sewerage system.
Developer shall also pay such connection, line and tap fees as may be specified
by City ordinance. No sewerage service shall be furnished by the City to any
lot created under this ordinance until all charges are paid; provided, however,
that in case of a hardship, temporary use rnay be made where the method of
handling is jointly approved by the Director of Public Utilities and the Director
of Public Health and where the developer or lot owner accepts full responsibility
and bears the cost of such operation.
(f) Developer shall furnish a completion boncl, with corporate surety or
other security, as approved by the City Attorney, in an amount as required by
the Director of Public Utilities, which bond shall remain and be in full force
and effect until final inspection of the system is made and the City accepts such
system. No bond shall be required to remain in full force and effect beyond the
final inspection if public sewerage will not be available within a reasonable time
after completion of the said system.
(g) Developer will indemnify, keep and hold the City free and harmless
from any contractual liability of developer and frorn all clairns on account of
injury to developer, lessee, purchaser, or any other person, firm or corporation,
11 / 21 / 7 7
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arising from or growing out of the design, approval, construction, and/or
installation of the said sewerage system.
(h) Developer will not discharge into the sewerage systern any storm
water, surface or sub-surface water. Also, he will not discharge any waste,
effluent or other matter prohibited by any ordinance, rule, or regulation of the
City or any other appropriate agency or government having jurisdiction thereof.
Developer will not permit under any circumstances the discharge of sewage
originating on any other property or premises, either directly or indirectly,
into said sewerage system. Developer may, with the approval of the City,
agree with owners of adjacent properties to construct joint facilities.
(i) City shall have the right at any and all times to make, connect, or
permit the connection of any other sewer or sewer connections or extensions
with the said sewerage system, at any point or points, and shall have the right
at any and all times to take and dispose of the sanitary sewage through the said
system in the area, from persons beyond and adjacent to said subdivision and
originating on other properties. City shall have the further right to make col-
lection charges ther@for.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 day of November 1977.
APPROVP AS TO
la --7 7- 7,7
TO r@ORtA
CITY ATTORNEY
I I / 2 1 / 7 7
iTEM #11502 -30-
On motion by Vice Mayor Standing, seconded by Councilman Cromweil, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Iloiland, J. Henry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E,
Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the f.Ilowing resolution authorizing the issuance and
sale of $15,900,000 Public Improvement Bonds, series of 1977, of the City of Virginia
Beach, Virginia, heretofore authorized, and providing for the form, details and pay-
ment thereof:
At a regular meeting of the Council of the City of
Virginia Beach, Virginia, held on the 21st day of Ndvember,
1977, at which the followin@ members were present and absent:
PRESEI'TT:
Mayor Clarence A. Holland
Vice Mayor Patrick L. Standing
Councilman John A. Baum
Councilman Robert B. Crom@,ell, Jr.
Councilman John R. Griffin
Councilman J. Henry McCoy, Jr.
Councilwoman @leyera E. Oberndorf
Councilman J. Curtis Payne
Councilman Roger L. Riggs
Councilman Floyd E. Waterfield, Jr.
ABSENT:
Councilman George R. Ferrell
the following resolution was adopted by the affii-mative roll call
vote of at least two-tliirds of the members of the Council, the
ayes and nays being recorded in the minutes of the meeting as
shown below:
@IEMBER VOTE
Mayor Clar@nre A. liolland Aye
Vice Mayor Patrick L. Standing Aye
Councilman John A. Baum Aye
C@@ci'@man Robert B. Cromwell, Jr. Aye
Couiicilman JoliTi R. Griffin Aye
Councilmaii J. Henry McCoy, Jr. Aye
Councilwonian Meyera E. Oberndorf Aye
Councilman J. Curtis Pavne Aye
Councilman Flovd E. Waterfield, Jr. Ae
RESOLUTIO'I AUTHORIZING THE ISSUANCE AND SALE
OF $15,900,000 PIJBLIC T' PROV-,TE@qT BO'TDS,
SERIES OF 1977, OF Tli@r CIT-@ OF V@-TIGI@NIA BEACH,
VIRGINIA, IIEI-@ETOFORE AU-THO-PIZED, A'@,TD DROVID@@lG
FOR THE FO@@'d, DET ILS Al@ PAY-MEINT THEREOF
.A
WHEREAS, the issuance of $15,900,000 Public @.irproveiTe-it
3 1-
2.
adopted by the Council of the City of Virginia Beach on July 11,
1977, to provide funds, together with other funds that may be
I
available, for the following purposes:
Planning, site acquisition and improvements,
construction, enlargements, renovation and
equipping of school facilities 7,672,000
Improve and extend streets and highways,
including right of way acquisition 1,523,156
Construction and improvements of surface
drainage systems 712,888
Dredging of Lynnhaven River 457,000
Planning, site acquisition and improvements,
construction, enlargements, renovation and
equipping of municipal buildings, including
arts and conference center, correctional
facility, grounds maintenance headquarters
and storage building, fire stations, school
administration building, operations building,
motor vehicle garage facilities, health
department building and branch library 3,283,566
Planning, site acquisition and improvements,
construction, renovation and equipping of
parks and recreation facilities, including
boat ramp, parking facilities, fabrication
shop, community center and rest rooms 2,251,390
Total, $15,900,000;
and
WHERF.AS, the City of Virginia Beach has borrowed
$5,000,000 in anticipation of the issuance and sale of a like
amount of such bonds but none of such bonds have been issued
and sold;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRR.INIA
BEACH, VIRGINA:
1. There are hereby authorized to be issued and sold
$15,900,000 public improvement bonds of the City of Virginia,
Beach, Virginia.
2. The bonds shall be coupon bonds without privile@e
of registration, shall be designated "Public Improvement Bonds,
3 2 -
3
Series of 1977," shall be dated Decem-ber 1, 1977, shall be of the
denomination of $5,000 each, shall be numbered from 1 to 3,180,
inclusive, and shall mature in installments of $400,000 on
October 1, 1979, $800,000 on October 1 in each of the years
1980 to 1936, inclusive, and $900,000 on October 1 in each
of the years 1987 to 1997, inclusive. The bonds shall bear
interest at such rate or rates as dete=ined at the time of
sale, payable on April 1, 1978, and semiannually thereafter 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 United Vir@.inia Bank, Richnond, Virginia,
or Bankers Trust Company, liew York, liew York, at the option
of bearer.
3. Bonds maturing on or after October 1, 1988, are
subject to redemption prior to maturity at the option of the
City on or-after October 1, 1987, 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 premi= 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, provided
that the redemption premium shall not exceed 3% of such princi-
pai amount. If less than all of the bonds are called for re-
demption, 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 Yorlr, New York, and in a newspaper of general
3 3 -
4.
circulation publiched in the CitY of Richmond, Virgini-a, 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 facsimileIsi@na
ture of the ilayor of the City of Virginia Beach, shall be counter
s seal shall be
signed by its Clerk and a facsimile of it
ed to the bonds shall
printed on the bonds. The coupons attach
be authenticated bv the facsimile signatures of the Mayor and
the Clerk.
upons shall be in substantially
5. The bonds and co
the following form:
(FORM OF BOND)
$5,000
No.
UNITED STATES OF A-MERICA
COMMOIWEALTH oF VIRGINIA
ciTy oF VIRGINIA BEACH
P,bli m -,. i,.nt Bid, !3eri s olf: 1"917171
The City of Virginia Beach, Virginia, for value received,
hereby acknowledges itsel-4 indebted and promises to pay to
bearer upon presentatiIon and surrender hereof the sum of
FIVE THOUSAZD DOLLAPS ($5,000)
19 and to nay interest thereon from the date
on October 1, I
hereof to maturity at the rate of per cent (@.) per
year, payable on April 1, 1978, and semiannually thereafter
on April 1 and October 1 upon presentation 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
Vir@inia
states of America at the principal office of United
Bank, -,tichmond, Virginia, or Banlers -.rust Comnany, !lew York,
34-
(D
5
New York, at the option of bearer.
This bond is one of an issue of $15,900,000 public
improvement bonds of like date and tenor, except as to number,
rate of interest, maturity and privilege of redemption, authorizbd
by ordinance duly adopted by the Council of the City of Vir-
ginia Beach on July 11, 1977, and is issued pursuant to the
Constitution and statutes of the Commonwealth of Virginia, in-
cluding the Charter of the City of Virginia Beach (Chapter
147, Acts of Assembly of 1962, as amended) and the @Dublic Finance
Act, as amended, to provide funds, together with other available
funds, for constructin@, improving and equipping various public
facilities and improvements.
Bonds maturing on or after October 1, 1988, are subject
to redemption prior to maturity at the option of the City on or
after October 1, 1987, 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 date of the bonds to be redeemed, provided that
the redemption premi= shall not exceed 3% of such principal
amount. If less than all of the bonds are called for redemption,
the bonds to be redeemed shall be selected by the City Treasurer
in such manner as he may determine to be in the best interest
of the City. The City Council shall cause notice of the call
for redemption identifying the bonds to be redeemed to be pub-
lished twice in both a financial journal published in the City
of New York, New York, and in a newspaper of general circulation
published in the City of Richmond, Virginia, the first publications
3 5 -
6
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 Commonwealth of Virginia to
happen, exist or be perfo=ed precedent to and in the issuance
of this bond have happened, exist and have been perfo=ed, and
the issue of bonds of iqhich this bond is one, together with all
other indebtedness of the City of Virginia Beach, is within
every debt and other limit pre,,;cribed by the Constitution and
statutes of the Commonwealth ol' Virginia.
IN WITNESS 14HEREOF, tlie City of Virginia Beach,
Virginia, has caused this bond to be signed by the facsimile
signature of its Mayor, to be countersigned by its Clerk, a
facsimile of its seal to be printed hereon, the a-Itached interest
coupons to be authenticated by the facsimile signatures of the
Mayor and the Clerk, and this bond to be dated December 1, 1977.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Mayor, City ot 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 provis3'.on
-36-
7
made for payment thereof, the City of Virginia Beach, Virginia,
will pay to bearer Dollars ($ ) in lawful
money of the United States of America at the principal office
of United Virginia Bank, Richmond, Virginia, or Bankers Trust
Company, New York, New York, at the option of bearer, being
the interest then due on its Public Improvement Bond, Series
of 1977, dated December 1, 1977, and numbered
Clerk, City of Virginia Mayor, City ot 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
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 anci interest as the same respec-
tively become due and payable.
7. The City Manager is hereby authorized and directed
to take all proper steps to advertise the bonds for sale sub-
stantially in accordance with the Notice of Sale attached hereto
as Exhibit A. The City Manager, in collaboration with Wainwright
& Ramsey Inc., the City's Financial Consultant, 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 printer's proof, dated November -, 1977,
of an Official Statement describing the bonds, copies ot which
have been provided each member of the City Council, is hereb@
approved as the Official Statement of the City. The City Manager,
in collaboration with Wainwright & Ramsey Inc. may make such
3 7 -
8
of the offic4-al Statement not inconsist@nt
changes in the pro
with this resolution as he may consider in the best interest
of the City. The official Statement shall then be printed and
copies provided to prospective bidders for the bonds. Following
. the award of the bonds, the City Manager
receipt of bids and
shall arrange for the delivery to the purchaser of the bonds
of up to 500 copies of the Official Statement to be delivered
to th e persons to whom the purchasers initially sell the bonds.
9. After bids have been received and the bonds
ed, the City Manager, the Mavor and the ClerR are hereby
award I
authorized and directed to tare 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
certificate setting forth the expected use and investment of
the proceeds of the bonds issued pursuant hereto in order to
show that such expected use and investment will not violate
the 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 innediate filing of a certified copy of this resolu-
tion with the Circuit Court of the City of Virginia Beach and
within ten days thereafter to cause to be published once in a
newspaT)er of general circulation in the City of Virginia Beach
a notice setting forth (1) in brief and general terms the pur-
poses for which the bonds are to be issued and (2) the amount
of such bonds and the amount for each purpose.
3 8-
9.
12. The City Council agrees not to sell any general
obligation bonds of the City during the next 90 days following
the sale of the bonds without the consent of the managing under-
writer of the bonds.
13. The City Treasurer is hereby directed to apply
$5,000,000 from the proceeds of the bonds to pay at their
maturity on December 30, 1977, the $5,000,000 notes issued in
anticipation of the issuance and sale of a like amount 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 21st
day of November, 1977, aiid 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, Virginia, this 21 day of November, 1977.
11211"7
Clerk, City Virginia beacty,
Virginia
Certified to be a triie excerpt from the minutes of the City Council of the
City of Virginia Beach, Virginia, adopted November 21, 1977
hard 1. 11@n@ C 1 e r
-39-
NOTICE OF SALE EXHIBIT A
$15,900,000
CITY OF VIRGINIA BEACH, VIRGINIA
Public Improvement Bonds, Series of 1977
Sealed bids will be received for the Council of the
City of Virginia Beach, Virginia, until 11:00 a.m., Eastern
Standard Time, on 8 @-
December,M , 1977,
at the office of the City lqanager, Administration Building,
14unicipal Center, Vir@inia Beach, Virginia, for the purchase of
$15,900,000 Public ImDrovement Bonds, Series of 1977, of the
City of Virginia Beac@ described herein, at which time the bids
will be publicly opened.
The bonds will be dated Decerlber 1, 1977, and will
mature in installments of $400,000 on October 1, 1979, $800,000
on October 1 in each of the years 1980 to 1936, inclusive,
and $900,000 on October I in each of the years 1987 to. 1997,
in6lusive. The bonds will be in coupon form without privileae
of registration and will be of the denomination of $5,000 each.
Interest will be payable on April 1, 1978, and semiannually
thereafter on April I and October 1, and both principal and
interest will be Dayable,at the principal office of United
Virginia Bank, ri&hzond, Virainia, or Lanlzers Trust Company,
New York-, ilew Yorl', at the option of bearer-.
Bonds maturing on or before October 1, 1987, are not
subject to redemption prior to maturity. Bonds maturing on or
after October 1, 1933, are subject to redemption prior to maturity
at the option of the City on or after October 1, 1987, in whole
at any time or in part on any interest payment date, unon 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 l@") of such principal amount
for each six month period, or part thereof, between the redemp-
tion date and the stated maturity dates of the bonds to be
redeemed, provi.ded that tlie redemption premium shall not exceed
3% of such principal amount. If less than all of the bonds are
called for redeMDtion, the bonds to be redeemed shall be selected
by the Citv Treasurer in such manner as he mav dete=ine 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
4 0-
2
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 repre-
sented 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 bids and to waive irregularities in any bid is hereby
reserved. Unless all bids are rejected, the bonds will be awarded
to the bidder lqhose 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, lfunicipal Center, Virginia Beach, Virginia,
and must be accompanied by a certified or cashier's check for
$318,000 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 al-
lowed thereon. The proceeds of the check will be retained by
the City as liquidated daniages in case the bidder fails to accept
delivery of and pay for the bonds. Checks of unsuccessful bidders
will be returned proriptly upon award of the bonds.
The bonds will be delivered at The Signature Company,
New York, New York, at the expense of the City, orL or about
December PO.Itt@ 1977, upon payment therefor in Federal Funds.
It is anticipati5d that CUSIP identification numbers
will be printed on the bonds, but neither the failure to print
such numbers on any bond nor any error with respect thereto
shall constitute cause for a failure or refusal by the purchaser
thereof to accept delivery of and pay for the bonds in accordance
with the te=s of his proposal. All expenses in connection
with the assig=ent or printing of CUSIP numbers shall be paid
by the City.
The adproving opinion of Messrs. Hunton & Williams
of Richmond, 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 ani 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 si@ned the bonds
stating that no litigation is then pending or, to their know-
ledge, threatened to restrain or enjoin the issuance or delivery
of the bonds or the levv and collection of taxes to pay princi-
pal and interest or in any manner questionina the proceedings
and authoritv under which the bonds are issue-d and (2) a certi-
ficate si@ned by the City iianager and the Assistant to the City
4 1 -
3
Manager for Finance and Research relating to the City's Offi-
cial Statement.
.The City Council will be in session at 12:00 Noon on
the date of the sale for the purpose of takin@ prompt action
on the bids.
For further info=ation relating to the bonds and
the City of Vir@inia Beach, reference is made to the City's
Official Statement. Bidders are requested to use the bid form
which, together with the Official Statement, may be obtained
from Giles G. Dodd, Assistant to the City lianager for Finance
and Research, Administration Building, Municipal Center,
Virginia Beach, Virginia 23456 (telephone 804 - 427-4681), or
from Wainwright & Ramsey Inc., 70 Pine Street, New York, New
York 10005 (telephone 212 - 425-9473).
The City will furnish to the successful bidder at the
expense of the City up to 500 copies of the Official Statement
to be delivered to the persons to whom such bidder initially
sells the bonds.
CITY OF VIRGINIA BEACH, VIRGINIA
By: George L. I'lanbury, II
City Manager
First Reading: Novembe.r 21, 1977
Second Reading:
ITEM #11503
On motion by Councilwoman Oberndorf, seconded by Vice Mayor Standing, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice @layor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to hold a special meeting on Thursday, December 8, 1977, at
12 Noon, for the purpose of receiving the bids on the $15,900,000 Public Improvement
Bonds:
ITEM #11504 4 2
COUNCILMA,N CROMWELL LEFT CEIAMBERS
On motion by Vice Mayor Standing, s,conded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. liaterfield, Jr.
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., and George R. Ferrell
City Council voted to approve on first reading the followin.@ ordinance authorizing
the issuance of $2,000,000 drought relief revenue bonds of the City of Virginia
Beach, Virginia:
AN ORDINANCE AUTHORIZING TIIE ISSUAIICE OF
$2,000,000 DROUGHT RELIEF REVENUE BONDS
OF TIIE CITY OF VIRGINIA BEACII, VIRGI14IA
WHEREAS, the City of Virginia Beach, Virginia, has
entered into a Grant and Loan Agreement with the United States
of America, Department of Commerce, Economic Development Adninis-
tration (EDA) dated September 20, 1977, as amended Septen@ber 30,
1977 (the Grant and Loan A-@reement), pursuant to the Community
Emergency Drought Relief Program, wherein EDA agrees, among
other things, to make a loan to the City in an amount not to
exceed $2,000,000 to be evidenced by the City's revenue bonds;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VI,@GINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and
expedient for the City of Virginia Beach to borrow money from
EDA pursuant to the Grant and Loan Agreement to finance improve-
ments to its water system consisting of construction of water
standpipes to increase water storage capacity and water pressure
within the City in accordance with the City's capit,'@ improvement
program for water and sewer heretofore approved and to issue
its revenue bonds to evidence such loan.
2. Pursuant to the Authority of the Charter of the
City of Virginia Beach (Chapter 147, Acts of Assembly of 1962,
as amended) and the Public Finance Act, as amended, there are
hereby authorized to be issued $2,000,000 drought relief revenue
bonds of the City of Virginia Beach.
3. The details of the bonds shall be as necessary
to carry out the ter-ms of the Grant and Loan Agreement and
shall be specified in an appropriate resolution or resol.utions
adopted subsequent hereto.
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4. The bonds shall be limited obli@.ations of the
City payable solely from the revenues to be derived from the
ownership and operation of water and sewer system of the City.
The bonds shall state that they shall not be deemed to create
or constitute an indebtedness of or a pledge of the full faith
and credit of the City, the Commonwealth of Virginia or any
political subdivision of the Coinmonwealth of Virginia. The
issuance of the bonds and the undertaking of the covenants,
conditions and agreements to be contained in the resolution
or resolutions to be adopted hereafter shall not directly,
indirectly or contingently obligate the City, the Connonwealth
of Virginia, or any other political subdivision of the Common-
wealth of Virginia,to levy and collect any taxes whatsoever
therefor or make any appropriation therefor except from the
revenues of the water and sewer system pledged to payment of
principal of and interest on the bonds.
First Reading: November 21, 1977
Second Reading: November28 , 1977
Adopted by the Council of Virginia Beach on the
28th day of November, 1977.
ITEM #11505
COUNCILMAN CROMWELL RETURNED TO CHAMBERS
On motion by Councilman Payne, seconded by Councilman Riggs, and by recorded vote
as follows:
Ayes: Councilmen John A. Baum, Robert B. Croinwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs,
Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: Councilwoman Meyera E. Oberndorf
Absent: Councilman George R. Ferrell
City Council voted to approve on first reading the following ordinance to appropri@
funds to support the operating and debt service costs of the Pembroke, Princess Anne
and Aragona Utilities acqtiired by the City of Virginia Beach, Virginia:
2.1
4 4-
AN ORDINANCE TO APPROPRIATE FUNDS TO
SUPPORT THE OPERATING AND DEBT SERVICE
COSTS OF TliE PEMBROKE, PRINCESS ANNE
AND ARAGONA UTILITIES ACQUIRED BY THE
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, the City Council has authorized the issuance of Water and S,,er
Revenue Notes and Bonds for the acquisition of the Pembroke, Princess Anne and
Aragona Utility companies, and
WHEREAS, these systems will be owned, maintained and operated by the
City effective December 15, 1977, and
WHEREAS, it is necessary to appropriate fund to support the operating
and debt service costs of the utilities, and
WHERF-AS, these costs will be offset by the revenues produced by these
utilities,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That funds be appropriated as follows:
Personal Services $ 58,596
Contractual Ser-vices 114,376
Materials and Supplies 33,111
Pensions and Contributions 3,545
New Equipment 242,725
Total Operating Costs $ 452,353
Debt Service 244,125
Total Operating and
Debt Service Costs $ 696,478
And that estimated revenues be increased by the following amounts:
Sale of Water $ 90,000
Sewer Charges 547,653
Sewer Taps 58,825
$ 696,478
FIRST RFADING: November 21, 1977
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of
1977.
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ITEM #11506
On motion by Vice Mayor Standing, seconded I)y Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Hollaiad, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council adopted the following resolution requesting the United States Congress
to pass an amentment to the Federal Water Pollution Control Act (PL 92-500) to pro-
vide funds for the construction of the Atlantic Treatment Plant:
R E S 0 L U T I 0 N
WHEREAS, the City of Virginia Beach continues to be
concerned about the failure o" the United States Congress to
pass amendments to the Federal Water Pollution Control Act
(PL 92-500), which contains provisions to fund the Hampton Roads
Sanitation District's sewage treatment plant known as the Atlantic
Treatment Plant, and
@VHEREAS, the construction of the Atlantic Treatment
Plant is necessary for the welfare and safety of the citizens of
the City of Virginia Beach living in existing neighborhoods that
are exoeriencing marginal, malfunctioning or failing septic
tanks, and
WHEREAS, the construction of this facility is justifi-ed
on the need for treatment Of existing neig'.Iborhoods, and
WHEREAS, Virginia Beach's waterways are known through-
out the Nation for the production of oysters and shellfish, and
WHEREAS, the preserva-lion of natural wildli-le that
feed on the waterways is of great significance for conti,u,d
ecological balance, and
WHEREAS, the CitY Of Virginia Beach has made an
aggressive effort to provide neighborhoods with sewers and to
uPgrade inadequate sewer systems, and
WHEP,EAS, without the treatment plant all of the City
of Virginia Beach's e@-forts would be to no avail.
NOW, THEREFORE, BE IT RESOLVED that Virginia Congressmen
are encouraged to expedite adoption of this amendment and t,
appropriate and release funds sufficient to implement construction
of the Atlantic -@reatment Plant.
ITEM #11,507 - 4 6 -
On motion by Councilman Waterfield, seconded by Councilman @IcCoy, and by recorded
vote as follows:
Ayes: Councilmen John A. Bauni, Robert B. Cromwell, Jr. , John R. Grif fin, Mayor
Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrel-1
City Council adopted the following resolution approving Penn Central Transportation
Company's plan to reorganize tlie railroad due to its entering bankruptch. The United
States District Court for the Eastern District of Pennsylvania recently approved this
plan for reorganization, and this a,reement establishes the procedures by which
individual cities may collecl Lhe amount of taxes owed by the railroad.
Tlie City of Virginia Beach will accept a cash payment of 50% of the amount due
and owing ($21,257.73) in exchange for relinquishing any claims of taxes due and
owing for any period prior to and including December 1, 1976:
The regular meeting ol@ @Ghe Council of the City of Virginia beacri,
Virginia, was held in the Olouncil Charqbers of the Administration Building on the
21_ day of November 1 977.
On motion by and seconded by
the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, Penn Central Transportation Company filed proceedings for the
reorganization of the railroad in the U. S. District Court; and
WHEREAS, the U. S. District Court approved a plan for reorganization of
the railroad whereby the city to vihom Penn Central owes taxes for any period prior
to and including December 1, 1976, including interest and penalties, nust either;
(1) approve Penn Central's plan for compromise and relinquish any claim of taxes
due and owing for the abovementioned period and accept settlement by a cash payment
of 50% of the amount due and owing; or (2) the city claims for taxes shall be satis-
fied in full with Series C notes of the reorganized Penn Ilentral Transportation
Comoany. Such notes shall be a general obligation of the reorganized company and
shall be payable in 1987; and
t4HEREAS, it has been recommended that the City Council approve Penn Central's
plan for compromise and accept settlerlent by a cash payment of 50% of tlie amount due
and owing.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
., -1 @@ ---------- 4-@ @l.@ f,, nmnrnmi@p i, hprphv
4 7 -
ITEM it'11508
On motion by Councilman Riggs, seconded by Councilman @IcCoy, and by recorded vote
as follows;
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to defer one week the following ordinance to appropriate funds
to administer the real estate tax exemption program for the permanently and totally
disabled in the City of Virginia Beach, Virginia:
AN ORDINANCE TO APPROPRIATE FUNDS TO
ADMINISTER TITE REAL ESTATE TAX EXEMPTION
PRO@M FOR TIU,, PEI@IANENTLY AND TOTALLY
DISABLED TN THE CITY OF VIRGINIA BEACII,
VIRGINIA
WHEREAS, the City Council has revised Section 33-2.1 of the City
Code to allow real estate tax exemptions for the permanently and totally
disabled, and
WliERF,AS, this exemption will be in effect for the fiscal 1978
tax year, and
WIIEREAS, it is necessary to appropriate funds for the additional
adininistrative costs of the program,
N014, THEREFORF, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACII, VIRGINIA:
That funds ii, the amount of $1,000 be appropriated from uiaappro-
priated surplus for additional clerical costs in the City Assessor's office.
FIRST READING:
SECOND PXADING:
Adopted by the Council of the City of Virginia Beach on the
day of 1977.
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ITEM #11509
Mr. Hoyt Capps appeared before City Council regarding the bicycle trail along the
boardwalk. Mr. Capps stated that the Innkeepers held a meeting Friday, and are
before Council today requesting that the bike trail along the grass plot be eliminated,
and also that several feet of the bike trail be reduced.
ITEM #11-510
Councilman McCoy addressing Vice Mayor Standing requested information regarding
the status of the Resources Recovery Project and how it effected the 605,000
committment by the City of Virginia Beach as its portion of the engineering study.
Vice Mayor Standing responded that the project was proceeding slowly - partly due
to the reluctance of other political subdivisions to make a firm committment regard-
ing the matter and of problems arising regarding the Navy's committment to purchase
the power developed.
ITEM #li5ll
ldr. F. Reid Ervin appeared before City Council expressing concern over the amount
paid by the City to acquire tlie Pembroke, Aragona and Princess Anne utilities. @Ir
Ervin indicated that he felt that the City did not exercise an agressive stance in
negotiating with the owners of the utilities, and, in addition, did not properly
consider the physical condition of the systems based upon the report of the engineering
consultants, and of the depreciated book value which tlie three companies reported on
their corporate balance sheets at the 1975 level.
Mr. Ervin indicated that he did not question the engineering report which indicated
that the rates enforced were sufficient to pay for the acquisition of the utilities.
A copy of the complete statement made by Mr. Ervin is on file in the City Clerk's
Office.
ITEM #11512
Mayor Ilolland stated that a meeting will be held on December 12, 1977, to give
Council an opportunity Lo meet with Doctor Munyan, an Oceanographer, who wil.1 give
a presentation on the sand dunes, etc.
ITEM #11513
On motion by Councilman Cromwell, seconded by Councilman Waterfield, and by
acclamation, the meeting adjourned.
City of Virginia Beacb,
Virginia
November 21, 1977
d
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