JANUARY 16, 1978
dTY OF VIRGINII BEACE
MUNICIPAL CENTER
Rs.@t olity- VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B.y@id@ B .... gh HENRY M@COY. I,, D.D.S., K@.p..ill@ B .... gb
VICE MAYOR PATRICK L. STANDING, At L.,g. MEYERA E. OBERNDORF, At L.,g@
JOHN A. BAUM, B.,.,h J. CIJRTIS PAYNE, P,i@,@@. A..@ B .... gb
ROBERT B. CROMWELL, J,.. A, L.,g, ROGER L. RIGGS, Vigi.i. B@.@b B.,..gb
GEORGE R. FERRELL, A, FLOYD E. WATERFIELD. ],., P..g. 8 .... gb
JOHN R. GRIFFIN, Ly..h.,@,@ B .... gb AGENDA RICHARD J. WEBBON, Cily 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 1:00 p.m.,
on Mnday, January 16, 1978, for the purpose of conducting public business and will hear and
act upon the following item:
1. Call to order by the Honorable Clarence A. Holland, @yor, in the Council Conference Room.
2. Roll Call of the Cc)uncil.
3. Motion tO recess into Infonnal Discussion and Executive Session. Upon conclusion of the
Execut-ive Session, City Council will reconvene in the City Council Ch@rs.
4. Invocation will be given at 2:00 p.m., by the Reverend Edward A. , Kings Grant
Presbyterian 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
The City Council of the City of virginia Beach, Virginia
ass@led in the city Cc)uncil rs, City Administra-
tion Building, Municipal Center, Princess Anne Borough,
Vi.rginia Beach, Vir@a, at 2 cm on @nday, January 16,
i9-,s
of the following ordinance which provides for the improve-
@t of Spot lane in Pungo Borough. Persons desiring to
be heard in favor or opposed to the ordinance will be
heard at this hearing. Persons wishing to appear regard-
ing this mtter should register their nams with the City
Clerk, 310, city istration Building. Telephone
427-4304. Richard J. Webbon, City clerk
6. Minutes of the Regular Meeting of January 9, 1978 to be presented for acceptance and
approval.
7. Consent Agenda-.
--d- cGu@,e @y @ City
Council and will be enacted by one mtion in the form listed. There will be no separate
discussion of these itenis. If discussion is desired, that item will he reMved frcm the
-sent agerida and cc)nsidered separately.
a. City Council is requested to aPPrOve On second reading an ordinance to appropriate
funds for the assumption by the CitY Of all City @loyee's retir@t costs:
General Fund $645,000
Water & Sewer Fund 95,000
Thtal Transfer: S740,000
b. City Cc)uncil is requested to approve on SeLOnd reading an ordinance to appropriate
f-ds under the anti-recession fiscal aid prograin to be received frcm the Office
of Revenue Shar-g:
Estimted Revenue Total
Received fr(xn Other Agencies iatio-
jail $40,550 $40,550
Building Maintenance 6,640 6,640
Social Services 3,080 3,080
Totai $50,270 -V50,270
C' City Council is requested to approve on secc),d readig , or ce to appropriate
$32,500 for ndn@ wage equity of City f-ded CitY POsitions with federally funded
City positions.
d. Letter from the City Manager rec g that City Council defer for two weeks the
petition of Sun Oil y of Pemsylvania for the closure of a portion of Old
Providence Road. (K ille Bc)rough)
e. Letter frcin the City I'@ger tran@tting the rec@ndation of the Planning
cmmssion for approval of the application of Robert L. Siffpson, Sr., for the
closure of a porlion of "F" Street (Lynrihaven Borough).
f. Letter from the City Manager transmitting the reoc)@dation of the Planning
ssion for approval of the petition of the City of Virginia Beach for the
closure of a portion of Great Neck Road (Lynnhaven Borough).
g. Letter frorn the City Manager reccmtending that City Council appoint viewers in
the petition of w. Leigh Ansell, Frank E. Butler, III, A. J. Cariada, Jr., B.
Bruce Taylor, and Dabney B. Holt, for the closure of a portion of Lincoln Avenue
(Princess Anne Borough).
11 Letter fr(xn the City Manager reccnrnend3-ng that C]-ty Council appoint viewers
in the petition of Charles E. Lee, Joan F. Lee, Michael N. Chesson and Kay H.
Chesson, for the closure of a portion of Hillview Boulevard (Kempsville Borough).
i, Letter fr(xn the City Manager re@nding that City Cc)uncil approve the following
Bingo/Raffle @ts:
Aragona ty Recreation Center, Inc. (Renewal) Bingo/Raffle
Chesa@e Beach Volunteer Fire & Rescue Dept. (Renewal) Bingo/Raffle
County View Resident Recreation Cmu'ttee (Renewal) Bingo/Raffle
Diamnd Springs/Gardenwood Park Civic League (Renewal) Bingo/Raffle
Knights of Colurrbus, Father Habets Council 4632 Bingo
Men's Club, Parish of the Holy Spi-rit (Renewal) Bingo
St. Gregory the Great Catholic Chruch (Renewal) Bingo/Raffle
Star of the Sea Catholic Church (Renewal) Bingo/Raffle
Letter frorn the City Manager r g that City Council approve the request of
Mr. John T. Atkinson, City Treasurer, for tax refunds in the amunt of $486.83.
8. Letter frcm. the City Manager tranmdtting the reconuendation of the Planning Ccnudssion
for approval of the application of Harry and Viola Richmnd for a change of zoning from
I-1 Light Industrial District to R-5 Residential District (modified frorn R-8) on a 72
acre parcel located on the west side of London Bridge Road, south of South Adventure
Trail (Lyrmhaven Borough).
9. Letter from the City @ager transmitting the reco@dation of the Planning ssion
for approval of the application of W. J. Mc)ore for a change of zoning fr(xn R-5 Residential
District to B-2 Co@ity-Business District on a .48 acre parcel located at the northwest
intersection of Newtown Rc)ad and Larry Avenue (Bayside Borough).
10. Letter frcm the City Dbnager transndtting the re ation of the Planning Corrrnission
for approval of the application of Virginia Beach Holding Corporation for a change of
zoning from H-1 Hotel District to 0-1 Office District on a 5.93 acre parcel located on
the north side of Laskin Road, east of Cardinal Rc)ad (Lynnhaven Borough).
11. Letter from the Ci@v imanager transndtting the re ation of the Planning ssion
for approval of the application of Willard P. and Dorothy S. Whitehurst for a change of
zoning from AG-1 Agricultural District to B-2 Cc)@ity Business District on a 25,500-
square foot parcel located on the west side of Princess Anne Road, south of Indian River
RDad (Pungo Borough).
Further, it is the Planning ssion's re ation that City Council approve the
Whitehurst's request for a Conditional Use Perinit for a gasoline Station on this sam
site.
12. Letter from the City @ger transmitting the r dation of the Planning ssion
for approval of the application of Open Dc)or Chapel for a Conditional Use Permit for a
church on a 25.63 acre parcel located on the south side of Virginia Beach Boulevard, east
of East Grcyveland Road (Princess Theatre Building) (Lynnhaven Borough)
13. Ietter from the City @ger transn-Litting the re@dation of the Planning CcnTrLission
for approval of the appli-cation of @ Corporat2-on for a Cc)nditional Use Permit for
a ndni-warehouse on a 1.44 acre parcel lc)cated on the south side of Virginia Beach
Boulevard, west of Highway Lane (L@ven Borough) -
14. Letter f rcrn the City Manager transrdtting the reco@dation of the Planning ssion
for denial of the application of Charles R. Pitts, T/A Atlantic Realty Agent for V. A.
Keathley, for a Conditional Use Permit for a duplex on a 6,000 square foot parcel located
on the south side of Delaware Avenue, west of Baltic Avenue (Virginia Beach Borough).
15. Letter from the City Manager rec@ding that City council approve an ordinance to
authorize the acquisition of right-of-way for 19th Street, proper-ty to be acquired in
fee sirnple, by agre@t or by condemation. (This is in connection with the Arts &
Conference Center's primary entrance to this project.)
16. Letter from the City Manager recc) ing that City Council adopt a Resolution which
requests the Virginia Depart-t Of Bighways and Transportation to @forin the design Pl-
and construction for the @rov-t O@ Prin-ss Ame Road, frcm Edwin Drive to LYnnhav-
Parkway.
17. Lltter from the City Manag- r- -ding that CitY C,,ncil approve step 2 of the LTUrov-
r.mt of Spot Iane by adopting - ordi-ce authoriling the izpro@t and Paving of Spc)t
Lane, Princess Arme Borough, virg inia Beach, Virginia.
18. Letter from the City 1,@g- - ing tht City Council approve a Resolution authorizing
the issuance of $2,000,000, frcm the EcOnomic DevelOF-t 'stration (EDA) united States
De t c)f Co@ce, for drought relief reenue bonds of the city of virginia Beach -d
prc)vide for the form, details and pa@t thlre0f, and further; authorize the CitY M-ger
t, prvde the @ormt_lon needed by the federal gove@t an order to release the f-ds-
19. Letter from the City manag- rec-ding that City Council adopt, on first reading, -
,rdinance to appropriate $35,375 in Refuse Collection froin Persorial Services to Repl-e-
@t of Capital outlays for the replacenmt of refuse collection vehicle #80.
20. Letter frcm the City Manager r g that City Council approve the lOw bid of PEA/
Birsch Construction CO@ propc)sed oonstruction
y, in the -t of $2,339,323.30 for the
of North Piaza Trail, from Virginia Beach Boulevard to Newcastle Road (L@v- Borough),
and further, authorize the CitY Manag- to -ter into the necessary agre@ts in Order to
i.pl@t this project. @ds are available.
21. Letter from the City Manag- re ding that City Counc'l approve an ordinance tO
and reordain Section 2-121 of the Code of the city of Virginia Beach relating to banks
and sav @ s and loan associations in which deposits are authorized which adds the virginia
Beach Bark of Co@rce as a financial institution autinrized to receive deposit of city
funds.
r fr , t e previous imeting, including -y report of the Mayor or
22. old business, defer ed cm h
@ttees by Co-cil-
23. New business, including any presentations by Council s, citizens and organizations.
24. Mtion for adio t.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
January 16, 1978
The regular meeting of the Council of the City of Virginia Beach, Virginia, was
called to order by Mayor Clarence A. Holland, in the Conference Room, in the
Administration Building, Princess Anne Borough, January 16, 1978, at 1:00 p.m.
Council Members present: Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs.
Council Members absent: John A. Baum, George R. Ferrell, Vice Mayor Patrick
L. Standing, and Floyd E. Waterfield, Jr.
ITEM #11648
Mayor Holland entertained a motion to permit Council to conduct an informal
session to be followed by an executive session for the 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. 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 Councilman Riggs, seconded by Councilman Cromwell, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A.
Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
and Ro@.er L. Riggs
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
City Council voted to proceed into the executive session following the informal
meeting.
ITEM #11649
The City Manager introduced the new director to the Mental Health and Mental
Retardation Board, Mr. lioward M. Cullam.
Mr. Cullam comes from Fairfax County, has a Batchlor's Degree in Government
from Miami University in Oxford, Ohio, and a Masters Degree in Public
Administration from American University in Washington, D. C. At the present
time, Mr. Cullam is the Human Services Coordinator in Fairfax County, serving
directly under the County Executive.
ITEM #11650
The City Manager stated that the City has a drainage ditch that goes from Great
Neck Road through London Bridge area and down Wolfsnare Creek into an outfall.
In order to be beneficial, it is requested that improvements be made on the
entire drainage area coming from First Colonial Road down through Wolfsnare
Creek.
I / 1 6 / 7 8
- 2 -
ITEM #11651
INDIAN LAKES DEVELOPMENT - COMMERCIAL PROPERTY SITE PLAN
The City Manager stated that the commercial area in the Indian Lakes area poses
some problems.
For orientation purposes, the City Manager pointed out on the map the Kempsville
Road-Indian River Road Interchange, which the city now has under purchase in this
particular area for an "At Grade Intersection", a four-lane divided highway to
relieve the congestion that is there at the present time. The City has planned
for False Cape Parkway, which will eventually be Indian River Road. Besides the
interchange at the proposed Kempsville Road and Indian River Road there will be
a proposed interchange at Indian Lakes Boulevard and False Cape Parkway.
The Planning Department requests that no curb cuts be made at these interchanges,
which will be fine for the developer but the merchants will be against it.
ITEM #11652
MARTNE PATROL STUDY
The City Manager stated that several months ago Councilman Riggs requested a study
of our Marine Patrol as to the possibility of expansion, was it meeting adequate
needs, does it need to be improved. The City has researched the matter, and the
City Manager stated he had copies available for Council.
The report stated that the City's services are adequate with the combined use
of helicopter patrols over the entire waterway, however, the City's problem comes
from trying to get the aid of the Coast Guard in policing the area.
VICE MAYOR STANDING ENTERED MEETING AT 1:30 p.m.
ITEM #11653
At 2:10 p.m., City Council reconvened in the Council Chambers with the following
Members present:
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,
and Vice Mayor Patrick L. Standing
Council Members absent: John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
The invocation was given by the Reverend Edward A. McLeod, Kings Grant Presbyterian
Church, followed by the Pledge of Allegiance.
ITEM #11654
On motion by Councilwoman Oberndorf, seconded by Councilman McCoy, and by recorded
vote as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to approve the minutes of the regular meeting of January 9,
1978, and dispensed with the reading of said minutes inasmuch as each Member
had a copy of the subject minutes.
1 / 1 6 / 7 8
3-
ITEM #11655
The City Clerk read the following Public Notice:
"The City Council of the City of Virginia Beach,
Virginia, assembled in the City Council Chambers
City Administration Building, Municipal Center,
Princess Anne Borough, Virginia Beach, Virginia,
at 2:00 p.m., on Monday, January 16, 1978, will
hold a public hearing concerning the adoption
of the following ordinance which provides for
the improvement of Spot Lane in the Pungo
Borough. Persons desiring to be heard in favor
or opposed to the ordinance will be heard at this
hearing. Persons wishing to appear regarding this
matter should register their names with the City
Clerk, Room 310, City Administration Building.
Telephone-427-4304.
The City Clerk then read the following letter from the City Manager
At the Decembe- 12, 1977, meeting of the City Council,
the proposal to assess adjacent property oN,7ners foi-- improve-
mp-nts to Spot l,ane wis discuf@sed. The City Attornc-y deter-
mined that to properl-y impose tliis assessnien'-@, throe separat(@
actions by Council would be necessary.
The first action was an ord3-iiance authorizing a pul:)lic
hearing to be held on the matler of improving Spot Lane.
This ordinance was adol)ted at tlie Deceinber 12, 1977, meeting,
and the public hearing is scheduled for today.
The second action that is necessary is for Counci-1 to
authorize that the iffiprovements be made oiice the public hearing
is held and to ratify the estimatcd assessmonts as establisli@@d
by the City Manager. U'he attached ordinance acconiplishes this
act@-on. Specifically, it authoi7i7-cs thc, iinlirovciyieiits and paviiicj
of Spot Lane, and it indicates tlie est-iiiiated amount t.o be as.,3es,,ed
against each abuttiiig property owner. It is, therefore, rc(,,or,,-iuerided
that Ci-ly Council app)-ove this ordinance.
After completion of the project, step 3 will. be a request that
City Council pass an ordinance ratifyiiig thc-. actual costs of i-l-ie
project. Clyde Merritt, Real Estate Assessor, will then assess
the abutting property owners for the actuil amount of improver,,.eii'@-
costs.
ours,
On motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote
as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. liaterfield, Jr.
City Council voted to approve the following ordinance authorizing the improvement
and paving of Spot Lane, Pungo Borough, Virginia Beach, Virginia:
1 /16 / 7 8
- 4 -
AN ORDJNTNCE AUTHORIZIR@C, TIIE AND
PAVIPIG OF SI-IOT LAIIE, PUNGO BOROUGH
VIRGINIA BEACii, VIIZGIRIIA.
WHEREAS, by ordinance adopted on the 16 day of January 197 8
the City Council approved the iniprovenicnt aiid paving of Spot Lane, as hereinafter
set forth, the cost thereof to he apportioned bet1/2,icen the City of Virginia Beach
and the abutting landoi-iners as provided by law, and directed the Clerk of the City
Council to publish notice to all of the abutting landowners, notifying theil when
and @,ihere they might appear before the Council of the City of Virginia Beach, to
be lieard in favor of or against the iiiiprovem(-,nt and paving of said street; arid
WHERFAS, a notice has been duly given by the Clerk of tile City Couriril to
tlie abutting laiido@qners, as provided by liw, ,,nd ii hearing wis held before the Council
of the City of Virginia Beach in t@ie Council Chanibers, on Monday, tlie 16 day of
January-, 1978-; and
WHEREAS, in the judgifletit of the Council the ii@provements to said stree'u
should be constructed; and
14HEREAS, it is necessary for the usual daily operation of the Depar'l-i@ent
of Public Works that said improvenipnts be iniriediately constructed, an emergency is
hereby set forth and declared to exist.
NOW, T[IEREFORE, PE IT ORDATNED BY THE COUNCIL OF THE CITY OF VIPGli@TA DEACH,
VIRGINIA:
Section 1. That the construction of the improvements to Spot Lane are
hereby ordered.
Section 2. T@iat the cost of constructing the said ii,,iprovements when the
same shall have been ascertained sliall be apportioiied by the City Manager bet@qeen
the City of Virginia Beach and the abutting landowners along Spot Lane and assessed
against said abutting landowners as provided by law.
Section 3. That the Clerk of tlie City Couricil shall forthwith cause to be
recorded an abstract of this ordinance showing tlie ownership and locatioti of the
property to b,- affectecl by the street itiiprovement, and the estirlatcd amount tflat
will be assessed against each abutting landowner as shown on the schedule annexed
hereto and made a part of this ordinatice.
Section 4. That this orditi@iricc,, beiii(i an eriiergc-,ncy orditlilrice, shall b,2
in effect froni and after its adoption.
Adopte(i Ily tlie Coulicil of tlie City of Virgiiiia Beacfl, Vii'gitlia (,, tlie
-16-,- day of _J,anua-ry---, 19@-8-.
5 -
ANNEX 10 AN ORDINANCE ENTITLED "AN ORDIIIANCE
AUTIAORIZING TI[E ITIPROVFMFNT AND PAVING OF SPOT
LANE, PUNGO--.SOROUGH,- ,, VIRGINIA BE[kCii,
VIRGINIA" SHO@,'ING THE ESRIMATED AMOIJI@T '1-0 BE
ASSESSED AGAINST EACH ABUTTING LANDOtliNER.
Front Estimated
rty 0 n@erl Block/Lot Dee-d Book/Pn(I Footage Assessment
1. Andre@q D. Meredith
Spot Lane
Virgiiiia Beach, Virginia 14/5 1413/1,82 160.98' $500.00
2. I-achlan W. & Donna S. Seward
3820 Larch@iood Road
Falls Clitirch, Virginia 22041 14/6 1251/603 80.00, $400.00
3. Alan E. Gollihue
216 North Street $400.00
Portsmotith, Virginia 23704 14/7 1419/120 80.00
4. James A. O'Keefe, Jv,., et ux
3204 Granada Road
Chesapeake, Virginia 14/8 791/578 80.00, $400.00
5. E. Ray Hokiell
222 W. Btite Street
Norfolk, Virginia 23510 15/1 1656/785 80.00, $400.00
6. Carl B. Dowe
Route 2, Scotty Acres
Angola, Indiana 46703 15/2 389/399 80.00 1400.00
7. Valentine P. & @largaret Magda
22 Ridge Road
Ppekskill, New York 10566 15/3 1163/73 80.00. $400.00
8. Frank Meyer, III, et ux
460 Betliune Drive
Virginia Beach, Virgin;l ?3452 15/4 1628/435 160.98, $500.00
8-
IN TtiE CLERK'S OFFICE OF TIJE CIRCUIT COUR-1 OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ON THE 17th DAY OF January______, 1978
ABSTRACT OF ORDINANCE
In the matter of coy)struction of iniproverients to Spot Lane, Pungo
Borough, City of Virginia Beach, Virginia.
Local assessirents in favor of tlie City of Virginia Beach as per statement
annexed hereto showing the ownership and location of the property to be affected by
the proposed street construction, and the estimated aniount ass(,,ssed against each
abuttiiig landowner, pUrSL@ant to an ordinance adopted by the Council of the City of
Virginia Beach, Virginia, onthe 16 day of January 197 8
TESTE:
John V. Fentress,, (;Ierk:'6f the -.Cir@uit Court
ITEM #i-1'6-56
On motion by Councilman Riggs, seconded by Co.ncil-n Griffin, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffi., Mayor Clarence A.
Holland, J. Henry McCoy, Jr., Councilwoman meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to approve on second reading the following ordinance to
appropriate funds for the assumption by the City of all City employee's
retirement costs:
AN ORDINANCE TO APPROPRIATE
FUNDS FOR THE ASSUMPTION BY
THE CITY OF ALL CITY EMPLOYEES'
RETIREMENT COSTS
WHEREAS, the City Council in the FY 1978 budget approved the
concept of the City assuming 100% of the retirement costs for City
employees, and
WHEREAS, funds have been provided in the Reserve for Contingencies
for that cost;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT, funds in the amount of $645,000 be transferred from Reserve
for Contingencies to Employees' Retirement and Benefits in the General
Fund and that funds in the amount of $95,000 be transferred from Reserve
for Contingencies in the Water and Sewer Fund to the corresponding
employee retirement accounts.
FIRST READING January 9, 1978
SECOND READING January 16, 1978
Adopted by the Council of the City of Virginia Beach on the -16
day of Januarv 1977.
JDB: er
-78
1 6 7
ITEM #11657 -10-
On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to approve on second reading the following ordinance to
appropriate funds under the anti-recessi,, fiscal id program to be received
from the Office of Revenue Sharing:
AN ORDINANCE TO APPROPRIATE FUNDS
UNDER THE ANTI-RECESSION FISCAL AID
PROGRAM TO BE RECEIVED FROM THE OF-
FICE OF REVENUE SHARING
WHEREAS, the City Council is interested in providing needed
personnel, supplies, and equiptnent to the city's general operating pro-
grams, and
WHERFAS, the City Manager has identified a need for funds for
personnel, supplies, and equipment tothe city's general operating pro-
grams, and
WHEREAS, the Office of Revenue Sharing will pay the City an
estimated Fifty thousand, two hundred and seventy dollars ($50,270).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BFACH, VIRGINIA:
That funds available under the Anti-Recession Fiscal Aid Pro-
gram be accepted and appropriated as follows:
Estimated Revenue Total
From Other Agencies Appropriations
Jail $40,550 $40,550
Building Maintenance 6,64o 61640
Social Services 3,080 3,080
270 270
That the appropriations be financed by $50,270 Estimated Revenue
from the Office of Revenue Sharing.
First Reading: January 9, 1978
Second Reading: January 16, 1978
Adopted by the Council of the City of Virginia Beach on the 16
day of January 1978.
GGD:JDB:er
1-4- 78
ITEM #11653
On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to approve on second reading the following ordinance to
appropriate $32,500 for minimum wage equity of City-funded City positions
with federally funded City positions:
AN ORDINANCE TO APPROPRIATE FUNDS
FOR MINIMUM WAGE EQUITY OF CITY
FUNDED CITY POSITIONS WITH
FEDERALLY FUNDED CITY POSITIONS
WHEREAS, the City pay plan is designed to provide equity of
pay with work performed, and
WHEREAS, the Congress of the United States increased the mi-
nimum wage to $2.65 per hour, and
WHEREAS, Federally funded City positions must be compensated
according to the effective minimum wage, and
WHEREAS, not compensating City funded City positions at the
minimum wage would dilute the equality of the City pay plan, and
WHEREAS, the estimated cost of upgrading those City funded
City positions that fall below the minimum wage is $32,500,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funds in the amount of $32,500 be appropriated from
Reserve for Contingencies to the respective salary accounts in the
City's FY1978 Operating Budget.
First Reading: J,,nuarv 9. 1978
Second Reading: January 16, 1978
Adopted bv the Council of the Citv of Virtinia Rparh .@ t-h@
,Tll 2 -
TTEM 1659
Mr. Ned Caton, Attorney, appeared in opposition to this street closure;
On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A.
Holland, J. Henry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to defer for three weeks the following ordinance upon petition
Sun Oil Company of Pennsylvania for the closure of a portion of Old Providence
Road in the Kempsville Borough of the City of Virginia Beach:
ITEM #11660
On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance in the matter of the
closing, vacating and discontinuing a portion of that certain street of de-
creasing width known as "F" Street as shown on that certain plat entitled
"Woodland" property of Noranne Realty Corporation, Princess Anne County,
Virginia, August, 1925, Map Book 7, Page 98, Circult Court, City of Virginia
Beach, Virginia, said street being all that portion of "F" Street east of
Woodland Avenue as shown on said plat, which plat is attached hereto: 1 /16/78
1 3 -
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF DECREASING WIDTH KNOWN AS "F"
STREET AS SHOWN ON THAT CERTAIN PLAT
ENTITLED "WOODLAND" PROPERTY OF NORANNE
REALTY CORP., PRINCESS ANNE COUNTY, VIRGINIA,
AUGUST, 1925, MAP BOOK 7, PAGE 98, CIRCUIT
COURT, CITY OF VIRGINIA BEACH, VIRGINIA,
SAID STREET BEING ALL THAT PORTION OF "F"
STREET EAST OF WOODLAND AVENUE AS SHOWN ON
SAID PLAT, WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Robert L. Simpson, Sr., respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the petitioner applies
for the vacating, closing, and dis-continuance of portion of that
certain street, which is more specifically described as follows:
Beginning at the Southeast intersection of
Woodland Avenue (now Barberton Drive) and
"F" Street, as shown on that certain Plat
entitled "Woodland" Property of Noranne Realty
Corp - , dated August .,,,-192,5 -- and recorded in
Map Book 7, Page 98, Clerk's Office, City of
Virginia Beach, Virginia, and running thence
North 30' 18 minutes East 50 feet to a point
on the North side of "F" Street; thence South
59@ 47 minutes East 120 feet, more or less to
a point; then South 42- 57 minutes East 158
feet more or less to a point in Lot 12, Block
8 on the aforesaid Plat; thence North 591 47
minutes West 283 feet, more or less, to the
point of beginning, the property described
being all that portion of "F" Street shown on
the aforesaid Plat lying East of Woodland
Avenue.
Said parcel of land being a portion of "F" Street, as
indicated on that certain plat entitled "Woodland", located in
Lynnhaven Borough, Virginia Beach, Virginia, which plat is attached
hereto and made a part hereof and intended to be recorded with the
Ordinance closing the aforedescribed street.
1/16/78
1 4-
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said street;
and the petitioner prays that this Honorable Council appoint viewers
as provided by law to view said platted street proposed to be closel
and to report in writing to the Council on or before the day
of , 1977, as to whether in the opinion of said
Viewers, what inconvenience, if any, would result from the discon-
tinuance and closing of this portion of said street, as herein
reported and described.
3. That on the @dd day of 1977, Notice
of the presenting of this Application was posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia, on
the premises to be closed, and at the City Hall Annex, 19th Street
and Arotic Avenue,Virginia Beach, Virginia, as evidenced by the
Affidavit attached hereto, and a copy of said Notice.
4. That the Petitioner is fee simple owner of all land
along and adjacent to and affected by said portion of the platted
street, except a portion thereof lying 160 feet more or less along
the Northern line of said street in its Eastern-most portion,
owned now or formerly by Minnie Properties, Inc., care of Louis B.
Fine, Esquire, Law Building, 187 Granby Street, Norfolk, Virginia,
and consequently your Petitioner and Minnie Properties, Inc. are
the only land-owners affected by the same.
Respectfully submitted,
ROBERT L. SIMPSON, SR.
BY C-," @@@
O@ Coun66X
Robert L. Simpson, Jr.
Day, Summs, Epps & Simpson
4530 Professional Circle
Virginia Beach, Virginia 23455
1/16/78
- 1 5 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Robert L. Simpson, Sr. has given due and proper
notice, in accordance with the statutes for such cases made and
provided that they will on the day of -, 1977,
apply to the City Council of the City of Virginia Beach, Virginia,
for the appointment of Viewers to view the below-described property@
and report in writing to the Council whether, in the opinion of sai@
Viewers, any, and if any, what inconvenience would result from the
discontinuance of the hereinafter described portion of that certain
street of variable width, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT C. Oral Lambert
George E. Tinnes and
Robert J. Scott are hereby
appointed to view the below described property and report in
writing to the Council on or before
whether in their opinion, any, and if any, what inconvenience woul6
result in the discontinuing and vacating of a portion of that cer-
tain street of decreasing width located in the City of Virginia
Beach, Virginia, and more particularly described as follows:
Beginning at the Southeast intersection of
Woodland Avenue (now Barberton Drive) and
"F" Street, as shown on that certain Plat
entitled "Woodland"'Property of Noranne Realty
Corp., dated August -,1925 '. , and recorded in
Map Book 7, Page 98, Clerk's Office, City of
Virginia Beach, Virginia, and running thence
North 300 18 minutes East 50 feet to a point
on the North side of "F" Street; thence South
59@ 47 minutes East 120 feet, more or less to
a point; then South 421 57 minutes East 158
feet more or less to a point in Lot 12, Block
8 on the aforesaid Plat; thence North 59* 47
minutes West 283 feet, more or less, to the
point of beginning, the property described
being all that portion of "F" Street shown on
the aforesaid Plat lying East of Woodland
Avenue,
1/16/78
- 1 6 -
All the above as shown upon that certain plat entitled,
"Woodland", located in Lynnhaven Borough, Virginia Beach, Virginia,
which plat is attached hereto and made a part hereof and intended t)
be recorded with the Ordinance closing the aforedescribed street.
1/16/78
- 1 7 -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
ISTREET OF DECREASING WIDTH KNOWN AS "F"
@@STREET AS SHOWN ON THAT CERTAIN PLAT
"ENTITLED "WOODLAND" PROPERTY OF NORANNE
REALTY CORP., PRINCESS ANNE COUNTY, VIRGINIA,
AUGUST, 1925, MAP BOOK 7, PAGE 98, CIRCUIT
COURT, CITY OF VIRGINIA BEACH, VIRGINIA,
SAID STREET BEING ALL THAT PORTION OF "F"
STREET EAST OF WOODLAND AVENUE AS SHOWN ON
SAID PLAT, WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice ha!
been given by Robert L. Simpson, Sr., that he would make applicatiol
to the Council of the City of Virginia Beach, Virginia, on /l/
day of 1977, to have the hereinafter described
street discontinued, closed and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be dis-
continued, closed, and vacated:
Beginning at the Southeast intersection of
Woodland Avenue (now Barberton Drive) and
"F" Street, as shown on that certain Plat
entitled "Woodland" P,roperty of Noranne Realty
Corp. , dated August ]-.9.25. 1. ',', and recorded in
Map Book 7, Page 98, Clerk's Office, City of
Virginia Beach, Virginia, and running thence
North 301 18 minutes East 50 feet to a point
on the North side of "F" Street; thence South
59@ 47 minutes East 120 feet, more or less to
a point; then South 421 57 minutes East 158
feet more or less to a point in Lot 12, Block
8 on the aforesaid Plat; thence North 59@ 47
minutes West 283 feet, more or less, to the
point of beginning, the property described
being all that portion of "F" Street shown on
the aforesaid Plat lying East of Woodland
Avenue.
1/16/78
- 1 8-
Said parcel of land being all that portion of "F" Street lying East
of Woodland Avenue (now Barberton Drive) as indicated on that certa:.n
plat of property to be vacated along existing "F" Street for Robert
L. Simpson, Sr., which plat is recorded in the Clerk's Office on
the Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 7, Page 98, and which is made a part hereof by reference.
SECTION II
This Order shall be in effect from the date of its passage
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16th day of January, 1978.
Certified to be a true excerpt from the minutes of the City Council of the
City of Virginia Beach, Virginia, approved January 16, 1978.
Richard J. Webbon, City Clerk
1 /16 7 8
ITEM #11661 -1 9-
On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance to close, vacate and
discontinue a portion of Great Neck Road, in the Lynnhaven Borough of the
City of Virginia Beach, Virginia:
AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A PORTION OF GREAT
NECK ROAD, LYNNHAVEN BORO(JGH, CITY
OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that the City of Virginia Beach, would make
application to the City Council of the City of Virginia Beach, Virginia, to have
the hereinafter portion of Great Neck Road closed, vacated and discontinued as a
public road of the City of Virginia Beach was duly posted at theCourthouse0f the
Circuit Court and at two public places in the City of Virginia Beach, Virginia on
the ' Til day of NC)VEm6c-t@ -i .
-DO -1 19@
WHEREAS, the land proprietors affected thereby have been duly notified;
and,
WHEREAS, said application was made to the City Planning Commission and to
the City Council and pursuant to the statutesin such cases made and provided, the
Council appointed Viewers who have reported to the Council that no inconvenience to
the public or to private individuals would result from such closing, vacation, and
discontinuance; and
WHEREAS, the City Planning Commission after proper notice and hearing,
has reported thereon to the Council; and
WHEREAS, it is the judgment of the Council that said portion of Great
Neck Road should be closed, vacated and discontinued;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
-- ---- @f @;iiei rnid described as follows in the
- 2 0 -
Court of the City of Virginia Beach and indexed in like manner as a deed to lands.
Adopted by the Council of the City of Virginia Beach on the 16 day
of January 1978
Certified to be a true excerpt from the minutes of the City Council of the City of Virginia
Beach, Virginia, approved January 16, 1978.
Richard J. Webbon, City Clerk
MES:kg
11/18/77
1 6 / 7 8
- 2 1 -
ORDINANCE APPOINTING VIEWERS FOR CLOSING,
VACATING AND DISCONTINUING A PORTION OF
GREAT NECK ROAD, LYNNHAVEN BOROUGH, CITY
OF VIRGINIA BEACH, VIRGINIA
WHEREAS, the City of Virginia Beach has given due and proper Notice,
in accord with the statutes for such cases made and provided, that it would,
on this day, apply to the City Council of the City of Virginia Beach, Virginia,
for the Appointment of Viewers to view the below described property, and report
in writing to the Council whether, in the opinion of said viewers, any, and if
any, what inconveniences would result from the discontinuing of the hereinafter
described portion of Great Neck Road situate in the City of Virginia Beach,
Virginia, and has filed such application with said Council;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That C. Oral Lambert, Robert J. Scott, and Ge6rge E.
Tinnes and
are hereby appointed to view the below described property, and report in writing
to the Council on or before , whether in their
opinion any, and if any, what inconvenience would result from the discontinuing,
closing and vacating of that certain portion of Great Neck Road situate in the
City of Virginia Beach, Virginia, and described as follows:
All that certain portion of Great Neck Road containing
0.534 acres, as is shown and designated by the shaded
area on that certain plat entitled, "Plat Showing Residue
Property of Parcel 095 Great Neck Road, Lynnhaven Borough,
Virginia Beach, Virginia, Scale 1" = 50', October 13, 1977,
Department of Public Works, Engineering Division, City of
Virginia Beach, Virginia," and is on file in the Department
of Public Works, Real Estate Division of the City of
Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 day of January 19 78 -
MES:kg
11/18/77
1 6 / 7 8
2 2 -
IN THE MATTER OF CLOSING, VACATING
AND DISCOIITINUING A PORTION OF P E T I T I 0 N
GREAT NECK ROAD
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Petitioner, City of Virginia Beach, respectfully represents:
1. That pursuant to the provisions of Section 15.1-364 of the Code of
Virginia, 1950, as amended, the said petitioner applies for the vacating, closing
and discontinuing of a portion of a certain road situate in the Borough of Lynnhaven,
City of Virginia Beach, Virginia, and described as follows:
All that certain portion of Great Neck Road containing 0.534
acres, as is shown and designated by the shaded area on that
certain plat entitled, "Plat Showing Residue Property of Parcel
095, Great Neck Road, Lynnhaven Borough, Virginia Beach, Virginia,
Scale: 1" = 50', October 13, 1977, Department of Public Works,
Engineering Division, City of Virginia Beach, Virginia," and is
on file in the Department of Public Works, Real Estate Division,
of the City of Virginia Beach.
2. That no inconvenience will result to any person by reason of the said
closing, vacating and discontinuing of this portion of said road, and petitioner
prays that this Honorable Council appoint Viewers as provided by the aforesaid
statute to view the portion of the said road to be closed and report in writing
to this Council on or before , 19-, whether in the opinion
of the said Viewer, any, and if any, what inconvenience would result from the dis-
continuing of this portion of said road.
3. That on the Sc, T@ day of 19'77, notices of the present-
ing of this application were posted at the Courthouse of the Circuit Court of the
City of Virginia Beach, Virginia, and at two other public places within the said
City, as evidenced by the affidavit attached hereto, and a copy of said notice,
and the landowners along and adjacent to said street desire and request the said
portion of Great Neck Road to be closed.
Respectfully submitted,
CITY OF VIRGINIA BEACH
By
Assistant Cit
1 6 / 7 8
ITEM #11662
On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to appoint viewers in the matter of closing a portion of
Lincoln Avenue in the Princess Anne Borough of the City of Virginia Beach:
ORDINANCE APPOINTING VIEIQERS
WHEREAS, W. Leigh Ansell, Frank E. Butler, III, A. J.
Canada, Jr., B. Bruce Taylor and Dabney B. Ifolt have given
due and proper notice, in accordance with the statutes for
such cases made and provided, that they will on the 12th day
of December, 1977, apply to the City Council of the City of
virginia Beach, virginia, for the appointment of Viewers to
view the below-described property and report in writing to the
Council whether, in the opinion of said Viewers, any, and if
any, what inconvenience would result from the discontinuance
of the hereinafter described portion of tliat certai.n street
known as Lincoln Avenue, and have filed such application with
said Council.
NOII THEREFORE, be it ORDAINED by the Council of the City
of Virginia Bea.ch, Virginia:
THAT C. Oral Lambert
George E. Tinnes and Robert J. Scott
are hereby appointed to view the
2 4 -
IN THE MATTER OF CLOSING, VACATING )
AND DISCONTINUING A PORTION OF ) P E T I T I 0 N
LINCOLN AVENUE )
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your petitioners, W. Leigh Ansell, Frank E. Butler, III,
A. J. Canada, Jr., B. Bruce Taylor and Dabney B. Holt, respect-
fully represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the Code of Virginia, 1950, as amended, the said petitioners
apply for the vacating, closing and discontinuing of a portion
of that certain street, which is more specifically described as
follows:
ALL that certain portion of Lincoln Avenue
(unimproved) being a fifty foot (501) strip
of land lying east and adjacent to Lots 17
and 18 in Block 6 and Lot 9 in Block 6, and
to the west and adjacent to Lot 10 in Block
7 and Lot 1 in Block 7, Subdivision of Pecan
Gardens, Princess Anne Borough in the City of
Virginia Beach, Virginia. Said portion to be
closed running from Holland Road north to
Alabama Avenue.
Said portion of land being shown on that certain plat
entitled, "Plat Showing Portion of Lincoln Avenue to be Vacated,
Princess Anne Borough, Virginia Beach, Virginia," which plat is
attached hereto and made a part hereof and intended to be recorded
with the ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons by
reason of said closing, vacating and discontinuance of said
street; and the petitioners pray that this Honorable Council
appoint Viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council on
or before the 20th day of February 1978, as to whether in the
2 5 -
opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of
said street, as herein reported and described.
3. That on the 1st day of December, 1977, Notice of
the presenting of this Application was posted at the Courthouse
of the Circuit Court of the city of Virginia Beach, Virginia,
at the City Hall Annex, 19th Street and Arctic Avenue, Virginia
Beach, Virginia, and on the premises to be closed, as evidenced
by the Affidavit attached hereto, and a copy of said Notice.
4. That the Petitioners are fee simple owners of land
along and adjacent to and affected by said portion of the
platted street to be closed and consequently desire and request
the said portion of Lincoln Avenue be closed.
Respectfu
W. LEIGH ANSELL
CAOADA/ JR.
B. BRUCE TAYLOR
DABNEY B. POLT
ITEM #11663
On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A.
Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payn,,
Roger L. Riggs, and Vice Mayor Patrick L. Standing.
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to appoint viewers in the matter of losing, vacating and
discontinuing a portion of that certain street of variable width, known as
Hillview Boulevard, as shown upon that certain plat entitled "Plat showing
a portion of Hillview Boulevard to be closed betwee, Lot 108 and Lot 107"
which plat is attached hereto:
2 6 -
I'll Till' ?4ATTI',R 01@' CI,OSI'@(,, VACAT@@C A@@D
A l'Ol'TTOI.\' 01' '['IIA,r C@@RTAI"' OF VAI!TAI@1,T. i@@io,IT AS
17,
P.OUIII,'VAPi) AS IIPO',' 'r]IA'I' PI,A'F l@NTII'Ll@D
"T'I,AT S'!OIJLNG A POPTIOT! OT@' 1111.,I,VTE14 I?OITI,T,,VAIZT) TO l@l@, CI,OSJ-1)
BET@,,'EEN LOT 1.08 A'IF) ],OT 107", WIITC]L I'LAT IS AT'I'ACTIT',T)
P F T -I T I 0 @Z
TO: TIIJ', @TAYOR A@ID Till" OT7 THE COTT'ICIL
OF TIJE CITY 01' VIR('@I@IIA T'EACII, VIRCL@IIA
Your 1)ctitioner, Cliirles F,. Lee and Toan 11. Lee ancl Itichael @l. and
Kay IT. Chesson, respectfully represents ac follows:
1. That pursuant to the provisions of Section 1.5.1-364 of tlie 1950
Code of Virginia, as amende(l, tlie petitioner adplier for tlie vacatin@,, closiiig,
and discontinuance c)f a T)ortion of tliat cert,,iin stre('t, whicli is riore spceifically
e@e,@,cril)ed as fol]-ows:
All that parcel of property I)c,.i,,inni.ng at a noint, located at
the Soutlixqest corner of Lot 10"@, Section One--I!oT'.estead--in '@lle
City of VirFini.,i l@c,@ich owne,l I)y Cliarlcs 1. an(! Toin )@@. Lee)
and continuin@ froti said T)oint of he@,!Tlrlinf,. ruiiniii- ilon@, tile
Sotitherniiiost l,ouiiclary of said Ilillview Potilevarcl T,orth "@14036'00117@@
a distance of 60.25 feet to a Doint: beinf,, on the l@ast boutidarv
line of Lot 107, Section One--lior,ef-@te@i,i--in tlie City of Vir@@iiiia
Beacii (Beinr, o@,,n(-,cl l,y @licliiel il@. ancl l@.ay !I. Chc@,,;on); and tlience
Nortli 5034'16"E, a distance of 35.00 feet to a poiiit; and tlictice
Sotitli 89036'00"J' a (listance of 60.-@5 f(,-et to a r)oiit, bcin@ on t]IP
West I)otindarv line- of l,ot 106@, Socti-or@ O,,ie--Tlor!icst(,al--and tilence
Soutli 5)34'16"@,' a distance of 35.00 @eet to tlie poiflt of beinnninf,
(suc' property described coriprises .041-@ acres).
Said parcel of land bein,@ a Portion of Ilillview Tjoulevard, as indicitc,-d
I I
oii tliat certain plit entitILI, "Plat Sliowing a Portion of Ilill.vie@@ Boulevard
to be close(I bet@7een Lot ]-OP, and Lot 107 for Charles I,'-. ant', Joan F. l,ee and
@ficliael @l. and Kay 11. CheE,,son, KemT)sville Borou,li--Vir@,,inia l@each, Virf',inia,"
wliicli T)lat is attaclie(I l-,ereto and made a nart hereof aiicl intencied to be reccrded
Nqitli the Ordinaiice closing tlie aforedescribed street.
2. Tliat no inco@iveiiience tvill resul.t to aiiy persons by reason of s@iid
closing, vacation, and discontinuance of said streetz and tbe petitioner prays tliat
this Ilonorable Council ar)point viewers as providell l@v law to vieiq said pl.atted
strc,ct i,rot)osed to be closc!d ,ind to report in @qritin- to tlie Council on or beforp
tlie day of 1978, as to @qlieth(-,r in tlie opi-T,.ion of said Vic@qers, whit
inconvenience, i.f any, %@otil,l restilt from tlic cliqcontiniiance and closin@ of tti.s
portion of saicl street, a,; lierein rctf)oi-to(I and cle.,3cribed.
3. Tliat on t'ic lay or , 1'17P,, "otice of the pre.@eiiting of
this Anl)l Lcatioii t@as nuft:c@d at tlie Cotirtliouse of tlc-- (:irciiit (:ourt of the City
of Virf,,inia VirFinia, oil the pretilises to ],e cl.ose(l, ;ind zit tlie City !!,ill
Anziex, 19tli Street anci ArcL!c Av(-,nii(,, Virpinia l@c!Lieli, ,i@; evi(l(,nc,@d !,y
2 7 -
tlie Affidavit attaclied hereto, and a copy of said Notice.
4. Tliat the Petitioners are fee simple owners of all land along and
adjacent to and affected by said portion of the platted street to be closed and
consequently, your Petitioners are the only landn@,Tners affected by the same.
Respectfully sul)mitted,
Ch Lee
By
Jo,art/T'. Le-
y
@,licl-,ael N. Chesson
I 1 6 7 8
-2-
ITEM #11664 -29-
On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A.
Holland, J. Renry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to approve the following Bingo/Raffle Permits:
Aragona Community Recreation Center, Inc Bingo/Raffle
Renewal
Chesapeake Beach Volunteer Fire and Rescue Dept Bingo/Raffle
Renewal
County View Resident Recreation Committee Bin@.O/Raffle
Renewal
Diamond Springs/Cardenwood Park Civic League Bingo/Raffle
Renewal
Knights of Columbus, Father Habets Council 4632 Bingo
Men's Club, Parish of the Holy Spirit Bin-.o
Renewal
St. Gregory the Great Catholic Church Bingo/Raffle
Renewal
Star of the Sea Catholic Church Bingo/Raffle
Renewal
ITEM #11665
On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A.
Holland, J. Henry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to approve the request of John T. Atkinson, City Treasurer,
for tax refunds in the amount of $486.83:
1 / 1 6 / 7 8
2 8 -
OIZDI@lA@ICE APPOTI@Tl@iG VIT@ll.'FiS-
WIIEREAS, Charles E. and Joan F. Lee and Micliael N. and Kay B. Chesson
have @liven diie and proper notice, in accordance x.,ith the statilte-S for sucli cases
made and provided tliat they i@,ill on the day of 1978, anply to tlie City
Council of the City of Virginia Beach, Virginia, for the appoiiitnient of Viewers
to vieiq the belox,-descril)e(I property and report in writing to the Council xqllether,
in the opinion of said Viewers, any, aiid if any, what inconvcnience wotil.d result
from tlie discontinuance of the hereinafter descril)ed portion of tliat certai.n street
of variable width, and have filed such application with said Council.
NOW, TIIERRFORE, be it ORI)AITNrT) bv tlie Council of tlie City of Vir@inia
Beach, Virginia:
TIIAT C. Oral Lambert
-- George E. Tinnes --.-and
Robert J. Scott --APF, IIEREPY
appointed to view the beloiv described property and renort in xiriting to tlic Cou,,icil
on or before , 1978, wliether in tlieir opinion, any, and if any, i@hat
inconvenience would result in tlie discontinuing and vacating of a portion of that
certain street of variable width located in the City of Virginia Beach, Virginia,
and more particularly described as follows:
All that parcel of property beginning at a point, located at
the Soutli@,7est corner of Lot 10@, Section One--]'Iomestead--in the
City of Virginia Beach (Being ot7ned by Cliarles E. and Joan F. Lee)
and continiiinp, from said poiiit of be,inninp,, runnin, alonf the
Soutliernmost botindary of said I!illvie@7 Poulevard '@iortli 84036'00"W
a distance of 60.25 feet to a point; beini,, on tlie Last bounoary
line of Lot 107, Section One--Ilomestead--in the City of Virginia
Beacli (@eing o,@ed I)y @@ichael N. and I'lay 11. Cbesson); and thence
Nortli 5034'16"E, a distance of 35.00 feet to a point: and tlience
Sovith 89036100"R a distance of 60.25 fect to a T)oint, I)ein@ of tlie
West boun(lar@ line of Lot 108, Section Oiio--floriesteaO,--and thence
South 5034'16"@,T a distance of 35.00 fec,,t to tlie T)oiTit of I)c@innin@
(such i)rop(,-rtv described comnrises .049 acres).
All the above as shown upon tliat cortain plat entitlcd, "Plat Showin@,
a Tortion of Ilillview P)otilevard to be Closed betwce-n Lot 10,@ and Lot 107 for
charlcs E. and Toan F. Lee in(I Ilich@iel lq. aiid I'@ay IT. Cliesson, I'lellipsville BorouFI)--
Virginia Beach, Virgiiiia: , wl,l.cli I)Iat is @ttaclic(l liereto and niade a part liereof
and iittendel to 1)(, recordp.(l wi.th tlie Ordinance cl.osinr, the aforenientioned street.
30-
AN 01@Dl@lj%NCE AU'FIIO'IZING TI@X IKL:FUNDS Date@..6-78
IJPO,% APPI,ICATION OF CERTAlti P17RSONS
AIID UPON CERTIFICIVRION OF I:IffjSURER
FOR PAY14FNT
BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax reflinds upoa certification of the
Treasurer are hereby approved:
Totalin@, $486-83
TAX TYPE TICKET EXONERK- DATE
IIA,ME YEAR OF TAX MLBER TION NO. PAID PENALTY INT. TOTAL
Erdmann, Graham A. 1978 PE1/2 19953 11-9-77 64.46
Rifenburgh, Lillian 1978 RE3,-, 54204 11-30-77 l@..33
Richardson, Wilfred 1977 Dog 17874 11-7-77 2.00
Tag
Edwin A. Ilinchliffe 1977 PP 103215 11-8-77 27@-00
Norf. & Carol T & T1977 PSTP 14 6-10-77 1104-.00-
Sea Breeze Farms 1977 REI 55737 5-26-77 110.00
Irving, Richard T. 1978 RE1/2 32392 11-8-77 33.83
Sdl-iwartz,John J. 1978 RE1/2 57119 11-16-77 47.35
Baiiey, E-nestine J. 1978 RE1/2 2698 10-21-77 85.8'r,
The above abatement(s) totaling
$486.83 were approved by
the Cotincil of the City of Virginia
Beach on the - 16 day of January
iohn T. tlin@cnTreasurer
Approved as to'fofm:
RichZr,l ]r. Web n City Clerk
riiey
ITEM #11666
Petition of Virginia Beach Holding Corporation for a_ h@n f Zo@n
District Classification from H-1 Hotel District to 0 1 Office District
on ceF ain property-fo-cated on the North side of Laskin Road beginning
at a point 95.81 feet East of Cardinal Road, running a distance of 1189.63
feet along the North side of Laskin Road, )-urining a distance of 304.43
feet along the Eas'Lern property line, i-unniiig a distance of 958.69 feet
along the rqorthei,n property line and runnilig a distance of 223 feet
along the Western property line. Said parcel contains 5.93 acres.
(Birdneck Point Area). LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to aprove this request.
For the information of the applicant, prior to the initiation of the
intended use of tlie land, the following will be required by the adminis-
trative staff:
1. Standard improveinents as required by the Site Plan Ordinance.
2. City water and sewer.
3. The necessary downstream drainage improvements and easements
will be required.
4. A 15 foot wide buffer will be required along the rear property
line to provide for the privacy of future homeowners to the
north.
5. All lighting is to be directed away from the adjacent residential
district.
6. There is @lo be no parking to the rear.
Further, this ordinance shall be effective upon satisfactory compliance
to the conditions imposed in this motion, and it is understood and agreed
to by the applicant that the official change on the zoning maps will
not be made until the following conditions is satisfied:
A dedication of riglit-of-way 70 fcet fi-oin the centerline of tlie
existing variable t,iglit-of-way along the 1,189.63 foot frontage
on Laskin Road (a variable dedication).
Mr. Frank Butler, Attorney, represented the petitioner
On motion by Councilman Griffin, seconded by Vice Mayor Standing, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A.
Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Ri@.gs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
CitY Council voted to defer for orie week the above petition of Vir@inia Beach
Holding Corporation for a Change of Zoning District Classification-from H-1
Hotel District to 0-1 Office District on certain property 1OCated on the North
side of Laskin Road beginning at a point 95.81 feet East of Cardinal Road,
running a distance of 1189.63 feet along the North side of Laskin Road, running
a distance of 304.43 feet along the Eastern property line, running a distance
of 958.69 feet along the Northern property line and running a distance of 223
feet along the Western property line. Said parcel contains 5.93 acres.
(Birdneck Point Area). Lynnhaven Borough.
3
ITEM #11667
Petition of Harry and Viola Riclimond for a Change of Zoning District
Classification from I-I Light Industrial District to R-8 Residential
Distri t on certain property located on the West side of London Bridge
Road beginning at a point 500 feet South of South Adve@iture Trail, running
a distance of 241.33 feet along the West side of London Bridge Road,
running a distance of 750 feet in a Westerly direction, running a distance
of 249.93 feet in a Soutlierly direction, running a distarice of 1796.08
feet in a Westerly direction, i-unning a distance of 739.17 feet in a
Northwesterly direction, running a distance of 209.33 feet in an Easterly
direction, running a distance of 230.66 feet in a Northerly direction,
running a distance of 233.63 feet in a Westerly direction, running a
distance of 809.20 feet in a Nortliv@esterly direction, running a distance of
163.95 feet in a Nortlierly direction, rutining a distance of 312.59 feet
in a Northeasterly direction, running a distance of 270 feet in an Easterly
direction, running a distance of 213.49 feet in a Southerly direction,
running a distance of 210.23 feet in an Eastel-ly direction, running
a distance of 219.14 feet in a Northerly direction, running a distance
of 138 feet in an Easterly direction, running a distance of 516.69 feet
in a Northerly direction, running a distance of 398 feet in a Southerly
direction, running a distance of 681.53 feet in an Easterly direction,
running a distance of 1145.08 feet in an Southerly direction and running
a distance of 1759.99 feet in an Easterly direction. Said parcel contains
72 acres more or less. (Nottingham Estates Area). LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A-motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to approve this request with a modification to R-5 Residential
District.
For the information of the applitant, prior to the initiation of the
intended use of tlie land, the following will be required by the adminis-
trative staff:
1. Standard iiiiprovements as required by the Subdivision Ordinance.
2. City water and sewer.
3. Gravity sewer lines and a pump station must be installed by
the developer in order to utilize the 16 inch H.R.S.D. force
main at the intersection of Gatewood Avenue and Wolf Street.
4. The necessary on-site drainage easements %Yill be required
at the time of subdivision developillent.
5. The neccssary oii-site and off-site right-of-way iinproveinents
and dedications to London Bridge Rodd @qill he required in
order to coiitrol the traffic geiierated by this de\,elopiflent.
Further, tliis ordinance sliall b(, effective upon satisfactory compliance
to tlie conditions imposed in tliis motion, and it is understood and agreed
to by the applicant that tiie official change on the zoning maps will
not be made until the follo@qing condition is satisfied:
A dedicatioii of right-of-way 40 feet froill tlie centerline of the
existing 50 foot right-of-way aiid a reservation of an additional
15 feet along the 241.33 foot frontage on London Bridge Road (a
15 foot dedication and a 15 foot reservation). I 1 6 7 8
Mr. Grover C. Wright, Jr., Attorney, represented the petitioner -33-
Lieutenant Commander Jackson, representing Oceana Naval Air Station, appeared in
opposition.
After considerable discussion, Councilman Griffin made a motion, seconded by Vice
Mayor Standing, to deny the above petition of Harry and Viola Richmond for a Change
of Zoning District Classification from I-1 Light Industrial District to R-8 Resi-
dential District. The recorded vote is as follows:
Ayes: Councilmen John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E.
Oberndorf, and Vice Mayor Patrick L. Standing
Nays: Councilmen Robert B. Cromwell, Jr., Mayor Clarence A. Holland, J. Curtis
Payne, and Roger L. Riggs
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
The above motion to deny the petition of Harry and Viola Richmond for a Change
of Zon@ District Classification from I-1 Light Industrial District to R-8
Residential Distri t waS lost due to a tie vote.
ITEM #11667a
On motion by Councilman Cromwell, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin' 14ayor Clarence A.
Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: Councilwoman Meyera E. Oberndorf
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to defer one week the above petition of Harry and Viola Richmond
for a Change of Zoning District Classification from I-1 Light Industrial District to
R-8 Re-idential District on certain property located on the West side of London
Bridge Road beginning at a point 500 feet South of South Adventure Trail, running a
distance of 241.33 feet along the West side of London Bridge Road, running a distance
of 750 feet in a Westerly direction, running a distance of 249.93 feet in a Southerly
direction, running a distance of 1796.08 feet in a Westerly direction, running a dis-
tance of 739.17 feet in a Northwesterly direction, running a distance of 209.33 feet
in an Easterly direction, running a distance of 230.66 feet in a Northerly direction,
running a distance of 233.63 feet in a Westerly direction, running a distance of 809.20
feet in a Northwesterly direction, running a distance of 163.95 feet in a Northerly
direction, running a distance of 312.59 feet in a Northeasterly direction, running a
distance of 270 feet in an Easterly direction, running a distance of 213.49 feet in a
Southerly direction, running a distance of 210.23 feet in an Easterly direction running
a distance of 219.14 feet in a Northerly direction, running a distance of 138 feet in an
Easterly direction, running a distance of 516.69 feet in a Northerly direction, running
a distance of 398 feet in a Southerly direction, running a distance of 681.53 feet in
an Easterly direction, running a distance of 1759.99 feet in an Easterly direction.
Said parcel contains 72 acres more or less. (Nottingham Estates Area). Lynnhaven
Borough.
I / 1 6 / 7 8
3 4 -
ITEM #11668
Petition of W. J. Moore for a Change of Zoni tion
from R-5 Residential District to B-2 Coilimunity-Business District on
certain property located at the Northeast iiitersection of Newtown Road
and Larry Avenue, runnirig a distance of 140 feet along the North side
of Larry Avenue, running a distance of 150 feet alorig '.-he Eastern pi@operty
line, runiiing a distance of 140 feet along the Northeril propet,ty line
and running a distance of 150 feet along tlie East side of Newtovin Road.
Said parcel contains .48 acre. (Fair Meado-cIs Area). BAYSIDE BOROUGH.
Planriiiig Commission Recoinmendation:
A motion was passed by tlie Planning Commission by a recorded vote of
8 for the motion and 3 agaiiist to approve this request.
For the information of the applicant, prior to the initiation of the
intended use of the land, the following will be required by the adminis-
trative staff:
1. Standard iinprovements as required by the Site Plan Ordinance.
2. City water and sewer.
Mr. H. Calvin Spain, Attorney, represented the petitioner
On motion by Councilman Cromwell, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance upon petition of W. J.
Moore for a n e @f in District Classification from R-5 Residential
District to B-2 Corununity-Business District:
ORDINANCE UPON PETITION OF W. J. MOORE FOR A CHANCE Z0178304
OF ZONING DISTRICT CLASSIFICATION FROM R-5 Residential
District TO B-2 Community-Business District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that:
Petition of W. J. Moore for a - e of in District Classification from R-5
Residential District to B-2 Community Business strict on certain property
located at the Northeast intersection of Newtown Road and Larry Avenue, running
a distance of 140 feet along the North side of Larry Avenue, running a distance
of 150 feet along the Eastern property line, running a distance of 140 feet alo,g
the Northern property line and running a distance of 150 feet along the East side
of Newtown Road. S.id parcel contains .48 acre. (Fair Meadows Area). Bayside
Borough.
For the information of the applicant, prior to the initiation of the intended ,se
of the land, 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. Six foot cyclone type fence along residential property
4. Lighting be directed away from the residential area.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th
day of January 1978.
/i 6 / 7 8
- 3 5 -
ITEM #11669
Petition of Willard P. and Dorothy S. Whitehurst for a Change of Zoning
District Classification from AG-1 Agricultural District to B-2 Cornmunity-
Business District on certain property located on the West side of Princess
Anne Road beginning at a point 1109 feet more or less South of Indiall
River Road, running a distance of 150 feet along the West side of Princess
Anne Road, running a distance of 170 feet aloiig the Southei@n property
line, running a distance of 150 feet aloiig the 14estern property lille
and running a distance of 170 feet along the Northern property line.
Said parcel contains 25,500 square feet. PUNGO BOROUGli.
Planning Commission RecoiTitTlendatior):
A motion was passed unanimously by the Planning Commission by a recor'ded
vote of 11 to approve this request.
For the information of the al)plicant, prior to the initiation of the
intended use of the land, the following will be required by the adminis-
trative staff:
1. Standai-d improvements as required by the Site Plail Ordinance.
2. An adequate area for septic tank and drainfields and a class
2B well will be required.
Mr. Gerrit W. Binson, Attorney, representing the petitioner
On motion by Vice Mayor Standing, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A.
Holland, J. Henry McCoy, Jr., Councilwoman kleyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance upon petition of Willard P.
and Dorothy S. Whitehurst for a Change of Zoning District Classification from AG-1
Agricultural District to B-2 Community-Business District:
ORDINANCE UPON PETITION OF WILLARD P. AND DOROTHY S. Z0178305
WHITEHURST FOR A CHANGE OF ZONI14G DISTRICT CLASSIFI-
CATION FROM AG-1 Agricultural District TO B-2
Community-Business District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that:
Petition of Willard P. and Dorothy S. Whitehurst for a Change of Zoning District
Classification from AG-1 Agricultural District to B-2 Community-Business District
on certain property located on the West side of Princess Anne Road beginning at a
point 1109 feet more or less South of Indian River Road, running a distance of
150 feet along the West side of Princess Anne Road, running a distance of 170 feet
along the Southern property line, running a distance of 150 feet along the Western
property line and running a distance of 170 feet along the Northern property line.
Said parcel contains 25,500 square feet. Pungo Borough.
For the information of the applicant, prior to the initiation of the intended use
of the land, the following will be required by the administrative staff:
1. Standard improvement as required by the Site Plan Ordinance.
2. An adequate area for septic tank and drainfields and a class
2B well will be required
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th
day of ar 1978.
/1 6 / 7 8
3 6 -
ITEM #11670
Application of Willard P. and Dorothy S. Whitehurst for a Conditional
Use Periflit for a gasoline service station on certain property located
on the West side of Princess Anne Road beginning at a point 1109 feet
more or less South of Iiidian River Road, running a distance of 150 feet
along the West side of Princess Anne Road, runiling a distance of 170
feet along the Southern property line, runniiig a distance of 150 feet
along the Westei-n property line and t-uiining a distance of 170 feet along
the Nortiiern property line. Said parcel contains 25,500 square feet.
PUNGO BOROUGH.
Planning Commission Recomfnenclation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to approve this request.
For the infoi,mation of the applicant, prior to the initiation of the
intended use of the land, tlie following will be required by the adminis-
trative staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. Adequate area for septic tank and drainfields and class 28
well.
3. Compliance with Article 2, Section 224 of the Comprehensive
Zoiling Ordinarice plrtaiiiing to Automobile Service Stations.
On motion by Vice Mayor Standing, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing.
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to adopt the following Resolution upon application of Willard
P. and Dorothy S. Whitehurst for a Conditional Use Permit for a gasoline service
station:
RESOLUTION UPON APPLICATION OF WILLARD P. AND DOROTHY S. R0178158
WHITEHURST FOR A CONDITIONAL USE PERMIT FOR a gasoline
service station
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that:
Application of Willard P. and Dorothy S. Whitehurst for a Conditional Use Permit
for a gasoline service station on certain property locate on tle W-.@.i e f
Princess Anne Road beginning at a point 1109 feet more or less South of Indian
River Road, running a distance of 150 feet along the West side of Princess Anne
Road, running a distance of 170 feet along the Southern property line, running a
distance of 150 feet along the Western property line and running a distance of
170 feet along the Northern property line. Said parcel contains 25,500 square
feet. Pungo Borough.
For the information of the applicant, prior to the initiation of the intended use
of the land, the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. Adequate area for septic tank and drainfields and class 2B
well.
3. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
This resolution shell be effective upon date of adoption.
Adopted by the Council of the City of Vir--inia Beach, Virginia, on the 16th
day of January 1978.
1 / 1 6 / 7 8
- 3 /
ITEM #11671
Application of Open Door Chapel for a Conditional Use Pe,,nit for a church
on certain property located on the South side of Virginia Beach Boulevard
beginning at a p,)int 700 feet East of East Grovcland Road, running a
distance of 200 feet along the South side of Virginia Beacli Boulevard,
running a dista,ice of 1205.34 feet along tl,c Last,,rn pi,operty line,
running a distance of 1324.04 feet alo,ig the Soutliern property ]@ne
(Nortliern boundary of Norfolk Soutfiern Raili-@ay), running a distance
of 462.57 feet along the East side of Groveland Road, running a distance
of 506.70 fcet in a Northeasterly direction, running a distance of 300
feet in an Easterly d,rection, ru,ining a distance of 64.50 fcet in a
Northerly direction, running a distance of 200 fcet in an Easterly direction,
running a distance of 175 feet in a Southerly dircction, riinning a distance
of 236.85 feet in a Nortlieasterly direction aiid running a distance of
208.90 feet in a Nortlierly direction. Said pai-cel contains 25.63 ac)-es.
LYNNIiAVEN BOROUGH.
Plannirig Commission Recoma,endatio,l:
A motion was passed unani.ously by tlie Planning Com,nission t)y a recorded
vote of 11 to approve this request.
For tlie information of the applicant, p,-ior to tile initiatiol) of the
intended use of the land, tlie followirg will be required by tlie adininis-
trative staff:
1. Standard improvements as required by tii(' Site Plan Ordinance.
2. The necessary drainage casc,@ei,ts foi, the existing large drai,,age
ditches located on the sile and alo@g tiie eastern property
line will be required.
3. The provision of parking area at a mini,,ium of 1 space per
5 slats or bencti seatinq spaces in the iflain auditoriu,n.
4. A dedication of right-of-way 80 feet froir the cente,-Iine of
the existing 133 foot riglit-of-tiay alo,ig the 200 foot frontage
ori Virginia Beach Boulcvard (a 13.5 foot dedication). Also
a 5 foot temporary constrt,ction ease.ent as shown on S@,eet
#1 of the plans for widening Virginia Beach Boulevard.
0. -ti.. by C.-.il... G,iffi., .@@..d@d by C.,,.@l... M@C.y, ..d by @.@.@d@d
.. f.1l...:
Ay..: Rb.@t B. C@.-Il, J@., J.h. R. @iffi., @ty.@ Cl.@@..@ A.
H.1l..d, J. H@.@y M.C.y, J@., M.Y@@. E. Ob.,.d.@f, J. C.@ti. Pay.@,
R.g.@ L. Rigg., ..d Vi@@ May.@ P.t@i@k L. St..di.g
N.Y.: N...
Ab.@.t: C ... @il-. J.h. A. B..., G..@g. R. F ... @ll, ..d Fl.yd E. W.t-fi.1d, J,.
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Op@. D..@ Ch.p.1 fo@ . C.@diti.@.1 U.e P@@.it f.@ . h.@@h:
RESOLUTION UPON APPLICATION OF THE OPEN DOOR CHAPEL R0178159
FOR A CONDITIONAL USE PERMIT fo@ . @h.@@h
BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, th.t:
Appli@.ti.. f Op.. D..@ Ch.p.1 f.@ @ C..diti ... 1 U.@ P@@.it f.@ . @h@@.h ..
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(N.@th... b...d.,y f N.,f.lk S..th.- R.il..y), @ ... i.g . di.t..@. f 462.57 f..t
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25.63 Ly..h.v@. B.@..Ph.
F.@ th. f th@ @ppli@..t, p@i@@ t. th@ i.iti.ti.. f th@ i.t..d.d
.f th. I..d, th@ f.li..i.g ill b. @.q.i@.d by th@ d.i.i.t,.ti,. t.ff:
1. St..d.@d i.p@.v@.@.t. @@ @@q.i@.d by th@ Sit@ Pl.. O@di...
2. Th@ ... @y d@.i..g@ f.@ th@ @.i.ti.g I.,g@ d@.i..g@
dit@h.. 1.@.t.d .. th. it. ..d I..g tt@@ ... t.@. p@.p@@ty li.@
.ill b. @.q.i@@d.
3. Th. p@.vi.i.. f p.@ki.g .... . t f ..@ P.@@ p-
5 ... t. .@ b@@@h s..ti.g p.@@. i. th. ..i. ..dit.@i...
Thi. h.11 b@ @ff- tiv@ p@@ d.t@ f d.pti...
.. 3 8 -
ITEM #11672
Application of Coamar Corporation for a Conditional Use P,r,it for a
mini-warehouse on certain property locat d@o@fFe-South side of Virginia
Beach Boulevard beginning it a I)oint 600 feet West of Higfiway Lane,
rulining a dista,ice of 230 feet alo@g tlie South side of Virginia Beach
Boulevard, running a distance of 313.09 feet alorg the Western property
line, running a distance of 210 fopt alo,ig tlie Southern pi-operty line
and running a distance. of 313.09 fc,,et aloiig tlie Eastern property line.
Said parcel coitains 1.44 acres. (Oceana Garderis Area). LYNN@IAVEN
BOROUGH.
Planning Comniission Reco,@melidation:
A motion was passed unaniniotisly by the Planning Commission by a recorded
vote of 11 to approve tliis request.
Foi- the information of tlie applicant, prior to the initiation of the
intended use of tlie land, the fgllowing will be required by the administra@ive
staff:
1. Standard improveiiients as required by tlie Site Plan 01-dinance.
2. City water and sewer.
3. Restroom facilities for patrons.
4. The necessary do@,nstream drainage improveinents and easements.
5. All lighting is to be directed to the interior of the site
and shielded from adjacent residential properties.
6. Revision of the internal traffic circulation layout so as
to provide for mini;num ?2 feet wide, two-way travel aisles.
7. Two parking spaces for the residence nd an additi,n,l spa,e
fo, each 400 squa,e feet of office a,ea.
8. A 6 foot solid privacy fence shall enclose the storage area.
0. ..ti.. by C .... il... G@iffi., ..@..d.d by Vi@. @y.@ St..di.g, ..d by @e@.@d@d
v.te @. f.1l...;
Ay..: C ... @il-. Rb.@t B. C@.-ell, J@., J.h. R. G@ffi., My.@ Cl.@@.c@ A.
H.11-d, J. He.@y M@C.y, J@., C ... @il.-. M@y.@. E. Ob@@.d.@f, J. C.@ti. P.y..,
R.g@@ L. Rigg., ..d Vi.@ My.@ P.t@i@k L. St..di.g
N.y.: N...
Ab ... t: C.-@il-. J.h. A. B.-, Ge.@g. R. F.@@.11, ..d Fl.yd E. W.t.@field, J,.
City C....il v.t.d t. d.pt th@ f.1l..i.g @e..I.ti.. P.. Ppli@.ti.. f C..-@
Co,T.@.ti.. f.@ . C..diti ... I U.@ P@,.it f.@ . i.i-..@.h.... :
RESOLUTION UPON APPLICATION OF COAMAR CORPORATION FOlt R0178160
A CONDITIONAL USE PERMIT f.@
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, th@t:
Appli@.ti.. f C..-@ C.@.@.ti.. f.@ . C..diti ... I U.. Pe,.it f.,
p@.p@@ty I.-t@d .. th. So.t I'@ g@.i. B..@h B..l@v.@d begi..i.g
.f V, .
.t . p.i.t 600 f-t W..t @f High@.y L.- , @.@.i.g . di.t..@. f 210 f..t .1..g th.
S..th id@ f Vi@gi.i@ B@.@h Bo.l.@.@d, @-.i.g . di.t ... e f 313.09 f.@t .1..g th@
W..t@@. p@.p@@ty 11.@, -.i.g . di@t..@@ f 210 f-t I..g th. S..th.@. p@.p.,ty
li.e ..d @-i.g . di.t..@e f 313.09 f@.t I..g th@ p@.p@@ty Ii... S.id
p.@..l ... t.i.. 1.44 (0@.... G.@d... A@@.). Ly..h.@e. B.@..gh.
F.@ th@ i.f.-.ti.. f th@ Ppli@..t, P,i., t. ti,@ i.iti.ti.@ f th@ i.t@.ded
.f th@ l..d, th@ f.1l..i.g ill b@ @@q.i@@d by th. d.i.i.t@.ti@. t.ff:
1. St..d.@d @@q.i,.d by th. Sit@ Pl.. O@di.@@c@.
2. City ..t.@ @.d
3. R..t@ ... f..iliti@. f.@ p.t@..@.
4. Th@ e.... @,y d ... d@.i@,.g@ ..d
5. All lighti.g i. t. b@ di@@.t@d t. th@ f th. it@ ..d
@hi.1d@d f@.. dj@@@.t @@.id..ti.1 p@.p.@ti...
6. Pvi.i.. of th@ i.t.-.1 t@.ffi. @i@@.l.tio. I.Y..t t.
p@.@id. f.@ i.i-. 22 f-t wid@, tw.-..y
7. T.. p.@ki.g p.@@. f.@ th@ @e.id@.@@ ..d .. dditi ... I p.@@
f.@ e.@h 400 q.@@@ f.@t f ffi- .-..
8. A 6-f..t ..lid p@iv.@. f.... .@.-d th@ t.@.g . ..... ..
.f the ... @ f.@i.g Vi@gi.i. B@@@h B..I.@.@d.
Thi. h.11 b@ @ff@@ti@. p.. d.t. @f d.pti...
Ad.pted by th. C .... il f Lh@ City f Vi@gi.i. B ... h, Vi@gi.i@, .. th@ 16th
@F @79 @ 1. I
- 3 9-
ITEM #11673
Application of Charles R. Pitts, T/A Atlantis Realty Agent for V. A.
Keathley for a Conditional Use Permit for a duplex on certain property
-F,@ja-- Aveiiue beginning at a point 90
located on tl)e o@u t re nce of 60 feet along tlie
feet West of Baltic Avenue, rullnil,.g a dista of 100 feet along
South side of Delaviai,e Avenue, i@ujining a distance 60 feet along the Southern
the Viesterii property line, i-unllinq a distance of
property line and running a distar-ice of 100 fect along tlie Eastern property
line. -Said parcel contains 6,000 square feet. (Stiadovilawn Ileights
Area). VIRGINIA BEACII BOROLIGii.
Planning Coffiinission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to deny this request. it was felt this use is incompatible
with the single family character of the neighborhood.
Mr. Charles R. Pitts represented the applicant
On motion by Councilman Riggs, seconded by Vice Mayor Standing, and by recorded
vote as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to deny the above application of Charles R. Pitts, T/A Atlantis
Realty Agent for V. A. Keathley for a Conditional Use Permit for a duplex on cer-
tain property located on the South si e of Delawaie-A enue beginning at a point
90 feet West of Baltic Avenue, running a distance of 60 feet along the South side
of Delaware Avenue, running a distance of 100 feet along the Western property
line, running a distance of 60 feet along the Southern property line and running
a distance of 100 feet along the Eastern property line. Said parcel contains
6,000 square feet. (Shadowlawn Heights Area). Virginia Beach Borough.
This request was denied as it was felt that this use is incom@atible with the
single family character of the neighborllood.
ITEM #11674
On motion by Councilman Cromwell, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A.
Ilolland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs
Nays: Councilwoman Meyera E. Oberndorf
Abstain: Vice Mayor Patrick L. Standing
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance to authorize the acquisition
of right-of-way for 19th Street, property to be acquired in fee simple, by agreement
or by condemnation:
I / 1 6 / 7 8
- 40 -
Requested by City Manager
AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
RIGHT-OF-WAY FOR 19TH STREET, PROPERTY TO BE
ACQUIRED IN FEE SIMPIE, BY AGREEMENT OR BY
CONDEMNATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
WHEREAS, the Council of the City of Virginia Beach, Virginia has authorized
the 19th Street Project and has approved same for right-of-way acquisition; and
WHEREAS, in the opinion of the Council of the City of Virginia Beach, a
public necessity exists for construction of this important project for the preserva-
tion, health, peace, good order, comfort and convenience, morals and welfare of the
people in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CO[JNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the City Attorney and/or the Deputy City Attorney is hereby
authorized to acquire by purchase or condemnation, pursuant to Section 15.1-236 et seq.
and Section 25-46.1 et seq. Code of Virginia of 1950, as amended, all that certain
real property, in fee simple, including teniporary and permanent easements of right-
of-way as shown on Sheets 4, 5, 6, 7 and 8 as shown on plans for Virginia Beach Arts
and Conference Center, Sewer, Water, Street and Drainage Construction Plans, 19th
Street, Parks Avenue, Norfolk-Virginia Beach Toll Road and Monroe Avenue for the
City of Virginia Beach as prepared by Engineering Services, Inc., Virginia Beach,
Virginia and on file in the Department of Public Works, Municipal Center, City of
Virginia Beach, Virginia.
Section 2. The City Attorney and/or the Deputy '@'i ty Attorn6y is hereby
authorized to make, or cause to be made, in behalf of the City of Virginia Beach a
reasonable offer to owners or persons having an interest in said lands, if refused,
the City Attorney and/orthe Deputy City Attorney is hereby authorized to institute
proceedings to condernn said property.
Section 3. That an emergency is hereby declared to exist and this ordinance
shall be in force and effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16
day of 19 78
JAR:kg
11/29/77 1 6 / 7 8
ITEM #11675
- 4 1 -
On motion by Councilman McCoy, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen 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
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, and Floyd E. Waterfield, Jr.
City Council voted to adopt the following resolution which requests the Virginia
Department of Highways and Transportation to perform the design plans and con-
struction for the improvement of Princess Anne Road, from Edwin Drive to Lynnhaven
Parkway:
R E S 0 L U T I 0 N
WHEREAS, the Department of the Navy has indicated its
willingness to participa'te in the improvement of Princess
Anne Road Phase II from Edwin Drive to Windsor Oaks Boulevard
(600 Unit Naval Housing Site) in the City of Virginia Beach;
and
WHEREAS, the City of Virginia Beach wishes to improve
Princess Anne Road from Edwin Drive to Lynnhaven Parkway; and
WHEREAS, the contemplated improvement is urgently needed
and is in consonance with the Southeastern Regional Master
Transportation Plan and the.City of Virginia Beach Master
Street and Highway Plan; and
WHEREAS, the Virginia Department of Highways and
Transportation will administer and undertake the development
of this project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH: VIRGINIA:
That, the Virginia Department of Highways and Transportation
is hereby requested to program the engineering design, plans,
and construction for the improvement of Princess Anne Road
Phztse II from Edwin Drive to Lynnhaven Parkway.
BE IT FURTHER RESOLVED, that the City of Virginia Beach
does hereby agree to pay all project costs, including engineering
design, right of way acquisition, utility relocation and
adjustments and construction exceeding $1.1 million which is
the agreed lump sum contribution by the Navy for that portion
of the project from Edwin Drive to Windsor Oaks Boulevard
(600 Unit Naval Housing Site), and the City,of Virginia Beach
does hereby agree to pay one hundred percent (100%) of all
project costs, including engineering design, right of way
acquisition, utility relocation and adjustments for that
portion of the project from Windsor Oaks Boulevard (600 Unit
Naval Housing Site) to Lynnhaven Parkway, and the necessary
funds will be appropriated for these purposes.
AND BE IT FURTHER RESOLVED, that the City of Virginia
Beach agrees that if such project is established and Virginia
Beach decides at any time not to proceed further with it, then,
by this resolution, Virginia Beach agrees to reimburse the
Highway Department for one hundred percent (100%) of the cost
incurred for said project, up to the time of its abandonment.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 day of January 1978
ITEM #11676 4 2
On motion by Vice Mayor Standing, seconded by Councilman Cromwell, and by recorded
vote as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, Floyd E. Waterfield, Jr.
City Council voted to adopt the following resolution authorizing the issuance of
$2,000,000 Drought Relief Revenue Bonds of the City of Virginia Beach, Virginia,
and providing for the Form, Details and Payment Thereof:
A FESLILUTTCN AUTIICIIIZII@C TIIF' IS:Stlt@NCY (,F '2,DCO,(,,no
PROUC@'T PT-LIFF FFVL-NUT' QC)!,',-S (@F' Tli'@' CITY CF
!?EACI@, VIICINIA, ANI' PPOVIDI!@C- FCP I"-!F YCPR.,
I..ND PPYMFNT TIIFPFCF
WIIFPEAS, the City of Virginia Feach, Virainia, @@eF.
entered into a Crent and loar, Agr@en,?nt with the Unitcd States
of Arerica, T)cpartment of Commerce, Economic rev@lop7ent
Adyr,inistratioi,. r.@roviding, amona ot.h@r t@,inrs, for a )oi-Ill not to
exceed @2,000,OOC; and
UliEPETS, th@ City Ccuncil ),y ordinanc@ adoptcd on
Novembe.r 2E, 1977, has autliorized tle iscuar,cc, o' 12,GOO,CCO
droughL relief rczvenu(, to I)rovie,,:- -runds tc, finaiic@
iygprover.,.cnts to tlie City's water syc-,tr.,m C-onsi@ti.n, o' cor@-
struc,tion of wat,:r standripes to increasc wat(-r stDr@op
capacity and watcr pressure within t!lc- Cd,ty i-n accordancc- witl,,
the City'@- capital iinprcvement procrer.) fcr wat(,.r aDd s@-w-r
liereto,-Fore ap@,rovQd;
PY IT PESCIVED PY TilF COL,!,'-IIL OF Till Cl@'Y 01' V7T'C.TNJA
FEAC)f, VIRC@"I"TA:
APTICLF I
P@-fji)j.ticr.s
Secticn 1.1. r,finitions. usc-,i in this
rcsolution, unlpfs a clc-arly z:@r@ars frcm t@e
ccntext, the followi-nc wcrds and tormr@ sl:@.11 1:@iv.,@ tl!(- fc,@llowina
m(,Pnii,or:
"Eon(I" or "I'onds" shall mcan thr-: @2,OCC),COO erou-ht
rc-lief revenue tc-.ri(.1 aLthc,.rizc-rl )-y tbis rc-s!cluticn PUrSo@T't to
an orditiance adorted by the City Couiicil c-n @'ov@r@her 2P, 1977.
- "Londholder" shall. mcal). the regieter(.d owner of the
Pond
"Folid Fui)@d" shall, ,nc@.,@n thc l@rcucjlit Felie; Fc-v-nuc Poiid
Fund c-stablizl,.ed "y Section 3.2.
"City" s@.F,21 mean t.lic, City of Vircilliz) Ee@c@., VirainiF-..
"City Coujicil" Eliall irean th,- Cc,,-,ncil of the Ci.ty of
Yirginia Feach, Virainia.
"Fvc-nt o' Llefault" shell r.,ein any of Ih- evc@-T't,@
enur,c,i7ated in Section 6.1.
"(;rant I.oan.7,.orccw@nt" stiall nean thE rrpnt z,.Pd
lean Pgreement trtwpen tho. I!ni-tcd @tptrs -f ;,r,@-lica, .r@rtncpt
of Corrc,,-ce, Fcc,,,-,or,-.i-c Pcvclorr.,@nt Adnjzijz-trz!tjon., ecti,rc. @y and
t@rcuch tlie. Tssi@tzint Ecc,,-(,tz!ry @)v Fco,-,coic and
th(- City, corisisti.n,3 o' Cffc@L of Crar,t, dF,.t,d 20,
1977, ai,d Offrr "c, T-,.neiid C-.rent F@l,tcri-rr 20,
1977, ptii-Fiir4rit A@o tl)e CoTrn,unity Lrotiolit
r- r og r -,i ni 1 67 8
4 3 -
"Intc-rert Pccouiit" shFIl mean tlic Intpre@t fcccunt in
the Pond Fun(I estal@lished Ily Fection ---.2.
"Net Pevenues" sl)all mean thf- revcnucs derivcd frcm th-
ownprshi. P a nr,' or,,ration of th ce Fyst @m IeE-s c:osts of ot.@cra- tion
administration and insurance.
"Sinkina Fund Accour)t." shall r%ean tli- Sirikiii(- Fund
Account in the Fond l'und e!-,tal)lislied @y F(',Ction 3.2.
"System" shall mean the wate@r and sewer syst(,m of the
City, as it may exist frcm time to tir@c,.
APTTCLE II
Iletails, Fx(,ctition, Ycrm,
PeqiF-,tration,_Prcraylent @nd
Section 2.1. TllthC-i72tjCn n@ "herc- ar(-. @-c-up-ty
-- - - - - - - --- - - - - - - -
aut@.ori@ed to h(-, j.fzsued Fird so],O. tl-,e l@lief
r@.vc-nue bond-@ aUthOri7ed !y an orciri@ncr- @dcrt@-d I:y the (-ity
Coui)cil c)p. rovcn@h(,-r 28 , 1 977 . Tli- Fo@ir,,s @.-- O@-E7ic!)Etc-d
City of Virginia !-each Erought F@lief P@%,c@Tiuc londs.
!7c-ctic)n 2.2. POtailp of ronef. -1).@ For)d@
issued as a @inclc fully registered hoi@O withcut courons, rball.
!p recistercd i-n thc- naire of tinit(,d Statr,s o! PmcriCE!,
F,ecretary of Cormerce, sliall Ie in thc, cl.E@i!or i- T. P- t i 0 r,. (', @
@l-,00(1,000, shall. he nurtered P-1, shF,31 I(', d t (-) ", F e 1 r L., r, r y 1
19@8, s@iall I,,-ar int(-rest at the rete of @Y,. 1) r y c@ p r , r, a y , 1, 1
@ctr,iarinl-ia2@-y on (,@,ch February 1 and Au@,u@', 1, an@ sha]2 -ettirc
on Fel@i:,jary 1, 2CO7. Doth princiral of eT@d jrt@,r(,st o.,l th'?
!!ond ,hal-1 L(, pay@,!,ae ir, lawful. ncncy cf t@r 1.7nite(i 7tate-@ cf
Ame-ric-,a, I)ut on2y ft-om th,- rev@nues tc t@.,c, p@yr@,lit
tliEreof a-, l@erei-nafter Trincir,-@l E-liall Ic l,ayallc-
upon pres@ntation and surrender o-F t@r, @cTd F;.t tlic l,r4-pcir,al
office C)f Virainia National lai@k, Norfc)lk, Vi,oinia. Tnt@rest
shall he payabl(, ly chcck cr drpft tpa]IE,@. tc,, tti@ at
t)).e Yedcral Fes(,rv, LFn@-. of Pichi-.oDcl, or at
such other addrefs as thc Bordholder may eeE-icne"@- in writing
filed with the Yeci@trar.
Section 2.3. Fxecution of Pcnd. Tlie For)@ Fl,lall l@
signed I)y the t@pyor cf
the City of V3.rginja Pcach arC counter-
signed ly its Clerk, and the City's scal sliall le aflixc,,i
therc-to.
Section 2.u. Form of Fcnc'. -he rop,@ Y@- in
substaDtially tlic follcwing form:
2 -
-44-
(Form o.' Pond)
No. P-1 -12,000,000
UNITEr STATES OF PYEFICA
COMMONWEALTII OF VIPGTNTA
CITY OF ViRci@@IP. PE7cF
Prou2ht-Pel4ef-p@v.nup-rolld,
The City of Vi.rginia l,'e,.)cli, Vi,rij,.iv, for value
rc-ce.ived, lierel-Y ack.T'.owledges itself iridchtc-0 ard prciris-F tc
pay, solely from the sotirce and as liercirz!.Iter provi-C.@d, to
I'nit(,d States of Ameri.ca, Secretary of Cor,;r,.c,rce, --r rc-c.,iFtc-rcO.
assigns, upon presentation and surr(!noc-r II(-reof, tl,.r?
suj,. of
TWO MILLION DOLLARS (@2,000,000)
on February 1, 2007, and tc pay, @-olely fror@ @uch sotircc.,
intorest hereon from the date heieof to I-Eyac-r@t @t tlie rate of
five Pcrcent (57) per yo@?r, payable srmiannually on
FL,bruary 1 and ti)qust 1. Thc princ-iral o! this tond shall bp-
r-aid at the Princip-al offi-ce o-' Virai.nia National
Norfolk, Vircinia. interest -qhall ],e laid @y chc-ck o- draft
w.ailed to the recister(,.d owner at tle lederal R-sc-rve Pany of
Fichmond, Richmon(l., Viraii)ie., or at sti.cli otlier a@'@ress as thE-
rcgistered owner may desi-@,natc- i.n vritir!@ filc-d with the City
Trea-,:urer as D--cistrar. Poth I)rincil.-,E!l ar.O. 4@@t,:rest shall b@
paid in lawful rpc,,icy o@@ tlic@ Unit(-,d State-@ of Pm@rica.
This l'ono, has I)eeii ,ut@.ori7ed and issued pursuant to
the ConstitutioD and statilt(,,s C)f- the Cerreiiw(,Flth ol- Vi.rcinia,
iiicluding thc-. Charter of the City c)f Virainia Peach (Chapter
1LI7, Pcts of Assor;hly cf 1962, aE: @nic-ndc-d) and th- Pullic
Fi.nance Act, as amc@nded, to proviec ftizi@,s tc finai)co il.,T-rove-
r(,nts to the City's watc-r syster consi-,tine o' co,istructi-on of
water standpipes to incr,-ase water sto-race- caracity and water
I.-rc-ss-ure within the City in accordanc@ wi@h the City's capi-tal.
imr,roverent procram for water aiid sewcr herc-tcfo-P 2TTroved.
PC-ference is bereyy made tc a resolution of tlie @ity Counci.! c-t
the City of Virainia Peach adcpt(,d on Jaruary __, 1978, fc.r E.-
de-@cri-pti,)n o--F the propert3, r.,Ie(@'ced ,nd thc- F-irora
otherz-7, with respect to the nature and extent o' the scr-urity,
th(, rights, duties and obligatioris of t@.c- C-ity, t)lp ric.,hts of
tb(@ holder of this hond, the tcrms upon whic)@ thi-@ l@ond is
izsued and sccured and the terms upon whict; eedi-tionrl tonds
s4L.-cured on a parity with this I)ond may be issued.
This hond and th, interc-st thr-recn arf- limit(d
oYlications o.' the City rayable -,olely flon t@- net revonu@s
dcrived fror the owner!7hip and operat3'or, cf t@e (-i+-Y,.- wptE..r
aDd sewtr sys7tem, as the same may fror, tiTr.F t,@ tir.@ (.xist. Tl,,e
City is rcquired to charac@ ratc,@ nr fec,-- to usets of its wat@r
and sewer syrtem and fi.x and r,@ai.ntaii) suc-@. rE-.tes-, or fe,F: i,.t
Fuch I(,.vc-3. cis @iill prcduce ,iufficiel),t r(.v(ll,'LI.? to r-a )- P. I 1 (7,,F;t
01 orcratioii of Eticii @-yftem -.nd tll@ Fiiiic-ir' Ill o! @ind jrt,t-(--@t
oy) tl,.is L)ond @ind ny olliiltions heretofc.r(- o-
3 -
4 5 -
0
on account of s"ch systeir and securcd by rlfecc, of wptc-r or
s(:wer reve L,(? , s the F du
n s E! same rcsrectivply le,7,)., I'bis bcrid
and the interc-st thc@reon Tiat !,(- dc,cir(@6 to con@ztitut@ a
debt or a plc-dco cf tlle faith and credit of thc- Conrcnw@@,ith of
Virgiiiia or any pc)lj.t'cal subdivi-;iOll tt'.(r(-C)', iT).Cludir,.c., thE-
City. Neittifr thci Corlmonw(,alth of ncr @ny joliticpl
subdivision thee,of, includinc th@ (7,itY, EtjE!ll ),e ollicat@.d to
PaY the principal of or i,nterest c)n thic @ond cr c@sts
ii,ci@le,nt tller,?tc, cx(-ept from th@ revenuef tl' @rrfcr, aT,.d
ncither the faitli and cr,2di-t nor tlic tpyjpq ,()w@r cf th@
C:om,qonwealth of Vi'7,ji.nia or iny pr2iticil th@rc-Of,
includina the City, is Pl,?dgc-d tc) t@,e r,,Eyr-r!t of th@ r@rinc,@ t a 1
of or intcrest c)n th;@s hcnd or oth,?r corts tll(@ll_t-o.
This tone MEY he pre@,aid in h,ic o' il ,,t It any
ti.irc- without T-enpity u@-OP PaYment of the irincit,pl arount to le
p7-epaid plus accrued intcre-@t to tli(, rayTfcT).t cptc,. The City
shall caune notic. of suc@ prppa3, @nt tc2 Ic s@nt I)Y C
c)r certified mai-.l to the recistered O,,@n-r liEi@,ol at its eodress
as it appears oi) ttig registFati0r)
office of the City Treasurer as Rc-aistrz@r
prior to any Prer2y-ent date. no" 1PEs tlian 30,
Trar.@fer c)f tlii-s l@c)nd may 1)9 r,,d,t ... d ul,cr,, hocks
maintainc-d for tt,E,,t T,,urpcsc 1-y thc@ Fccistrpr. Pr@or to eue
Prt'sentment fcr r(-gistration of trans'(3r tIl.7, r sl ,11
trept tlie reciistc-,:eO owncr E!s th,? l@ei: S70y) EY.C]U.Si-V-IY el),titied
to raymgnt of principal and int@re@t ,rid tliE 7x,:rci@C. 04- 21]
other rights and owers cf the owner.
TY@is Ford may he exchanced fcr an cou@l E?.COr(ClatC
PrinciPal arOunt c@' cour@cn ),onds of the same raturity, I-earino
ilitcrc-@t at t@.e same rate and havinc. @ttE:cl,c@(1, th,@-r,.tc, C'ciipons
rePresenting all uni,aid dnterest due C)r to I,ecc)r@, duc tl!erc-or.,
all as provided in the a@orementionpd rc-solutior of thc, ci-ty
Council.
All acts, conditions and thil)as rcquired @y the (7onstj-
tution and statut,s of the Commonwo?,Ith cr V'-@rinip. tc, hprrer,,
exi--t or hc, PerforR@ed prpcedent to and in th- issuancp cf this
l,ond have happened, ,xist and havc bec-n TEI-forr,(,d, ar).d tliis
),ond, togcther with al.1 cther inde2ltpl,,n,-E.@ cf tlE, City OF
Viroinia reach, 4@-, wi-thin every del),t epd ctl,,l ]@i,it IrescrihEd
l,y tllc, ConStitUt4on and statutes ri, the (,Jjpncr,wealth of
Virainia.
IR WITRI'Q WIIFRFCF, tlie City of virciiiia T@e,?ch, Vir-
ginia, haF cau-,c@d this @cT,d to he siciied @y its @eyor, to Ie
countersioned by its Clery, its seal to l@ affixel hcreto, and
this l,or,.d to l,e dat('d Fe!-ruary 1, 197-.
-4-
4 6 -
..@iyor ity ('@ Vir,@liria
c- c, r ci i r,, i a
CC U N TFE Sl C N i@ll
--------------------------
Cler@, City of Vi.rginia
@leach, Viraini.a
lecticn Peistration of Tcrd. Th- 'ity -rpasurer
is herely appointed @@.e@istrar. Tra,,i.,fer of tiie -,ond may 1,@,
rc,gistered upcn iock@ raintained for t@.at purpose, F-t the office
of the Pecistrar. @rior to due presentment f@.r recistration of
transfer thr- Pc-gis-trar @hall trcat th@ re@listere-d @-wil@r as the
p(,rson exclusively entitled to peyre-nt o4 Enrl
int@r(-.st and the exerci-se of all other richto and powerez o.' the
owr.er .
Fection 2.E.. PreLaylenlL_cf -'ond. rrinci@,al eue on t@-e
F,or,d inay bc- r@rey,e@,@d at the ot@tion of the (-dty in w'po2r- cr in
p,-rt at E!ny timc- without penalty- -hc City @@h@.11- caus@ i)()tic@c,
ot such prer@ayr@nt to be sent by r(,c,@iFtercid (,r c@,rti.fif,(i mail
to the recistere@ own@r cf the Fond at its i,@@ it
arpears on ttE@ rcciftration looks of th(. not 2css
tlian 30 d@yE i@ric:- to any prepavmcnt Aate.
Section 2.7. Deliverv cf Fond. 'Ircr. thF ft)lfdllr@pt
c,f all corditicr.@ to tT-
e City's olli@aticns under th- Crant and
T,,)ar, Pare(,m,,nt@, t@,c- Fayor and the Ci-tv Clerk Pre
@titi,ori-ed Fnr;. di-rectpd to exrcute i,.n@ dc:,@l-@Ivr th@@ @,-cTrl
@ursu-int tc t@E. ri:art an,-@ Loan @qrc-eiiert. Thc-@ flayor, thp City
FanaaF,.r ard the City Clerk are hereby autlicr@@7e@ @,n(I dit-ected
tr, aoree to and to comp2y wit@., or. of th@, City, @,ny -@uch
furth(,r cc)p@itions Fnd rcquirements of thE 1-nite@ r,,f
tiTericF., Tepartm(-nt o- Ccirirerce, Tconoir@ic Tlcvplo,-T,.iE:nt
,'Omini.stration !,ct wit@, this r@F,-)Iution in
(7(-,nnection with tlic, issu@nce Eind Falf-L of tl,@ lon@,.
2.F. c.,f 10e.
limultanEc!uFly with the delivery c.,f tlie Fond th@, Fro(-ec-cl@ fror,,
the s,-ile thprcof @hall bc-, dcro.@itc,e, in a E-rccial @und to he
h@-l(f, @y t@,e, rirc-ctor of Tii,@rce ar,e, s@,a3l !,E, applie@ P-E
r(iml-u.rE-o-m,c-.nt tc, th,@ City for ppytr@.pnt o:f thc cost of
conE,ruc-tior,. cf wat(-r stanipipes @s provided in thc, '-rP@nt drd
l,o;3r, Tcrr(:cment. Tli,- City shall maintain accuratc@ rf-,cc,,rd@ to
show that all Faymc-nts from slch special flrd wrr- rf.-fe Fcl,:-Iy
for such reimhur-@oment.
Fr,cti-or. @.c. Conversion-to-Ccurcr,-Fc,T)dF. @7@,cr cC
dF,.yF' written notice, filed hy the Pondhol(ier wi@h th@
P@,ci@zlrar, tl,.e City Fh;.ill issue in c@ychancc 'or tlie !@oT'fl coupcri
l'onds o' equal aqc,,re,-ate rrir,.ciral in ttir d@r,c@Ti-natior
Speci.f4-c-d bY thr !Iond@oll,-r, I(,arinc7 int@rp@t at t@,, c-,@me. retc
and havinc attach-d thereto coupons Ec@crEE,entin,,- all unpaid
int,,rest due or to become diie thercon, -aturin,7 on thE,
d@,,,te and @ayahl,c- aE tc !,oth priT,-ci.ral and int,;rp,,@t at th,-
prir,ci-pal olfic(- cf V-@@rgir,.ip Forfolk, Vi-rcinia.
1/16/78
-47-
ThE, (7ouron I)oT,.ds shall h@c in SUCII fc)r,,n af- SIC-Cili@d Y tti,@ City
Counci-1 after civina due consideration tc, aiiy request o, the
Pondholder.
APTICI,F. III
Pf-,venues-and Fon'
Section 3.1. Peve-@lup -Cov@raT,.t. 1-hc CitY Council,
covenants and aar(,es that so long aF tli'? lrT@o i!-, Out@teneinq
and unpaid the City will:
(a) charge rates or fee@-, to uscrf of th,, cystem
and fix and maintain stici@ rates or fe@'s Ft ELICII ]eNIE)l @-I will
Produce suf@@ic4-,pnt revenues tc, ray the cost cf c)F-rnti()P an@.
admi-nistration, the cost ci in!7urance 1,S@ l@v i!,,jur-1, tc)
p,i-r@ons or Prop@rty and the rrincipal Cf el,d i-ntcrest on thp
Eond and any othpr oblications ol i--uc-d
OT' accOLInt clf t)-,- @Ys'ej, P-nd secLr(-d )-)' E T'l@('n p C r
1) I W , t - r 0
s@-wer revenues, as the same resrectiv,-Iy jecore iu,;
(I,) aPplY the revenue-- deriv@,! frcr, -11,@
a.r,d or-eration o:f thE' FYEt,?P, in epch fiF@cFL.] ),ar f4-rEt to the
Paypent o-' --uch ccsts o, such o@eraticy), ticn eT)d
insurelice durinc @,och ycar, then to the r;iYr@r-nt c' tl,e roj,.d ET.@
enY other ol@ligations; hc-retoforc or lierc@aftcr7 'Dr. accoLirt
of tlie f@ystc-n P-nd cecured by , rledcc c)-- w@ter cr sc@;,r
rc-venues becominc due in such year; and
(c) -qegrcoate and Yeep secuccate; frcm all other
CitY fudds all r(-venuos derived frori tl,,c, c)wr@ersl@jl7 &.r,d
operatic,n of the @ystem and keel) profer roccr@s @.!id accounts
therelor, separatc and alart from all ot@,r r,ccrdf and
accounts.
Sectien 3.11. Pond-Fund. Th,re is herel-Y estalli-@hed
the Drought Pelief Pevon@i.? @end Eiin(i w@icy; --hE22 I:c I,.,Id !y 'Ll,e
City's !)irector C), Yir,,ance enO. in i,,hj t@.F-r. @r t@1)] i h -d
@ C5:
an IDterest Account and a Sinkina Fund @ccount.
(a) @.t least one husiness day 1,@-orc @E(@h @@-Truary
1 and August 1 the City'@ Di-reictor of FinFnc- s@a)] @@posi,
into the Interest Account fror Net P-Vcnu,s such amount, ;,f
an3l, a-, may lc rec,.ui-red tc mEYe thc, tota.2 arpoLr).t 0-,1 oF-'@t
therein eaual to th(-- emount of i.ntE,,Lc.@t @@t icl,, will duc-
on the F@ond wi.tl!ir) the T,@xt si)ccc@cdiri@. si x. -:h'f (-ity's
I)irector of Financ-e sball provi ee for l@aYrr,t of thc! iritcrcst
on the r-ond from the Inteuest Accc)ul)t as the s@re lecores du@.
TI,@e Interest Account shall ),.e used solely fr)r tiie p;,Iyr,,ent. o@
ir,terest on th- !ond.
b At least CDC hu,-i.rcs.@ (!z',' I cl!-Ol@ c@E-cb 'cl,ruary
1 @eginning Febri-,,,,ry 1 , '3003, I)p@ti a pElymcEt of tl@, @C'T)O. , the
City @- I)i,uector of Finan@c stia2l tll(; @ur, cf @li(,C,OCO
ir,.to thc -linyirc 1-unL' Acc@iii).t .,t Fc vcjlti,s. Tl,r
Fund Account silal] 1@(- u!F,,-,Cl. @oa(']Y fcr tt)C- C4- til,
pri-ncil,,,-il c)f th(, rc,,Cl (Wll,,0
@tllr CT- if
rnoDc@yr, on deposit i@i). thc, Siryjrlc F'I'NC Ic@cotirit ,,r@, @:tilfici@rL to
-48-
pay t@e princila] of the Yond, no furtl,.or t@,tyr(,-tF irito t@.C-
Sinking !und @ccount purfuant tO this sul,rare.@rErj@ @liv.11 I-e
r(-ouired.
cection 3.3. F, n Cl 0 T, P U n d .
All Nct Revenues are hercl)y pledccd to t@,c. c,, 4.hc,
rr4@l)CiPal of and interef--t cn tlic, Ford aric al@Y C)t@lc,,r cllic-ation.,
hcretofore or hc@rcafter i@suc6 on account c,! the lysic,,- and
secured by a pl@edc-P of wat(,r or scwer rcvepuc@. ']l 'PoneYs in
th(, Pond fund shall he trust funds and arp licrely rjl-@@ced to
the Payment of the I;rincirp.1 of en(I intere@,t c)n tli@- !oT).@'. Thc-
lien -ciiid, trust li@rel,y cr,7,,@tcd are fcr tlic. ic-T),fit t@
(-) F I e
Fondholder and fcr its additional securi-ty unti-I thp Pond sha3i
have been paid.
Section 3.4. Pa-,,-jtY-fblioation@. q'h, Fc)nd is or,. a
Parity with oth,.r obligaticns of tY@@ (-.it)- hcrE:tc),,Drc, issucd Frd
payable from !!et rc-venLief7. sul--iect to scctic),-, F,.4, t@)@ (-ity
rc-sc,rves the richt to i-slie addi-ti.oiial lordF7 er i,ot(,F r@yi,@1,2c,
from (,.ither cro@@- rev nucs or @:ct Yevc-DU(-S, witl, -,r wj,thout a
Pledge Of its @@ull fai.t@. Pnd credit, rankinc, cct,,P-Ily witl,. the
lictn and charge of the Fcrd.
APTICLE JV
'@zecuritY-ff2r-rcE@Eits and inv-st,7c;rt
- - - L- - - - - - -- - - -
@ection ti.l. SOc"ritY-f2L-L@L2Fjts. All ir@r-r@c)ys in ti,e
Pond Fund and on depos. ----
it with any tank or tru-It corlaiiy in
Vi.rgir)ia shal2 Ic- co,)tino(,usly s(-Icur(-O ir), th(- ,,,np.(,.r recuired
bY the Virainia @ecuri-ty for put2ic D@posits "@ct (C@epter 23,
Title 2 . 1 , Cod e cf Vi rg i I-., i-,?@ Of 1 9 @ 0 , a s , r@ e nO r)r @ ny
succ(-ssor Provision of ].,?.W.
cection 11.2. Tnv--tiTFnt C)f Eli r,@ @ F ?'c n C'@ s i.r, tl,. - E 01). d
Fund may, pendinc thci ----------
r u se , @c. in verztc-d i n notc---
and oth(?r ot@ligatj ons cf th(, ilnitcd FtatFLE of @meric@ and
securities uncondi-tionally guera,)tee@ Fr@ to l@pyr@gt cf
princi,pal and int,?rest by tli(: [Initcd !7tatcs Df -@,,.-rica cr any
ege.ncy thereof, (h,) savings accourts or tirr Cero@itE in F,.ny
I)ank within the C'ormoDwE;i2tll Of rrovid.,r' such l@ank i-z
approved for thc derosit of fund,- bY tho Cori-,onwe@ltl,, (c)
savincs accountf and certific2t@-q Of (1) @avincs ind lo@n
associatir)ns which are under the sup@rvision of tl-,e C-ommon-
wealth C)f Vir-cil)iE! and (2) Fec!eral asFocipti(,,!@s undcr
the lzws of t@,e llnited States of !TPErica and tinde,
suPr@rvisic,n, !ut onl.Y tc the c,xtent tti@t suc@, E(7coupts ,n(,,
certifi-catps are folly insurcd ]Y thc- L'@eorEl @avincE- P-rd loa,,
Insurance Cclrre)rEtion cr any succcssor odei-al and (d)
any other investp,erts whicli are Pc)w or n-a@, hcrcafter he
autlioril-.cd !y law for th(-@ investment of ruildc -,i!)kilic,
@'onE,),s in th@ @or)d 'i,und EI),@ll not Ic@ irv@st@(I ir, 57@ictiriti@-F, or
deposits maturinc later thad the dat(7- sLct., furdf Prc-
to ')e needed. I ny Pr of it r e@, Ii 7Cd 'fr Or', F Ii c- Ii inv(,rs t r r@n t F: ray I
u@,c@d l@y thc,- "ity tc) pay tll,? cort of (,I(@r :tj,
a@rinir--
trat,ic,)I) o, thc 1, ri y s r c s u I t i n @, f r C) m E u c 11
iDvc-stnient-, shall h(, cli, roe, to t@e Fr)r,.e 1-u!)(i .
7 -
-49-
APTICLF V
Secti.on @;.l. Gcnpral. The City bcrc,y rarticular2y
covenants ano acrces with thE-. Poi)d@,older En(! rra@.-s provi!zions
,.,hich shall bpccP'E, a [-,art cf i.ts c-ont,-act w4-tt, tl-,e
as set forth in the follcwina s@ections O! this article.
Section 5.2. @he City @hall ray th(-
principel of and interc-st cn t@c- 1-@-01-)d- as thE- EatTc@ du@
and --hall olsc-rve and perform all covc-nants, conclitjonf end
agreements contained in tho @c,,nd and th5-., r(-sc,luti.cn; provided,
however, that suc-),, ol)licptions Fr(, not acn(:,Iil ollj(:Eti(,Dsz of
t@c CitY hut arc, l,irPit@c-I cl)lioatic)nF, l,cm the
r@venLic,s r@led@ed th(,r@tc)r. t@crcon
-sl@all not he deered to ccnstitut(, a d(@lt or E, o@ t,@c
faith aild creeit of the COT,,,,ricnweillth of l'i E c; iI)ja or th,: City.
Neith.r the Comnoiiwe
alth 01 ViraiiiiF-, ,)or th, C;ty ShE:,21 !,e
ol@ligatc-,d to ca@y th iric a o o t-e@
c ['E I f- in @ r- t on the @c)t)O or
othpr cc,-@ts incident t@.ereto @xcept fro!, tli(, i e v c r. u c, @, @,.l :- (I (i e d
therefor, and nc-dtlier the faith and credit nor tbe tp.xin@ pow(-r
of tlic@ Con,monweal'Lh of Vir,inia or th(, City iE rje(l<, ,
,(-,, to t@@c.
r@yment Of thc- rri-nciral C, or tlie iiit@r(Et o.,, th,, Fc,,
I 'I e, C, r
Ot@er ccsts incjdcnt theret,.
Secti,)Tl -CP--L@-ticn_a n.d_YFA-n t(-r,, e- T, r- . Th@@ City
'I k)]CE7 nd reculat4ons
shall eetahlish a,ld enforce r(:,a@onll@ r
governi-nc the u--,, of E,.rd th(, servjc,,
F furr,-isl,@d i,y th- @71-IstF@r
o C p (I ; n
6nd r,)aintain and operate the @y@ter, in (;CO, 0 it n,,!
repair. Tlie City shal,l corrT,13, with all v,-@lid, 3c-,,
crders and dir@,ctions el 2ny le,,j- F-Itjv,,
9xecutivc, admir,@istrativ(, or judicizil bcdy ,rilica@l.e to the
Sy s t E., fp. .
Section 5.4. Sale - oi- - I'n c ii r, 1, r z,. -1 c-, c-o f t @ r . Neither
the SystQm nor any integral Part thprccf sliaji 1,E,, sold,
-d or othcrwise @lisiosed Of LInIc@S t]-,(-- -ECCCE@(i
encumherc E U C, @h
transaction are sufficient tr, cay th,? of an@ interc,,t
on tl,,c- Poj,.d and tli(- rrcc,?(@ds ere U :,' -Fcr t@@t rt;rrc,@@;
Prov5-ded, how(,vcr, tliat thc city ray (irant e@sc,7ents, licEnsc-S
or -Ermits across, ovcr cr ujider parts C! thi, @,ster fcr
streets, roads and utiliti.es as will iot ;,dvc-rs@,iy aff@Ct the
use c>f thG System and prcvide@, further, that t@,. (-ity mpy seil
or othcrwise di-posc, of ar,.y r,rcrerty Consti-tutin,7 a rart of th@
S3,@tc-rp w@.ich is no lor,.,Jer nec@dpd or u-c-fui @c) irnc, a-,
the remainder of the System is a functiorlirle w@,.tc;t ar,.@ scwer,
systc,m .
!7ection E,.S. Cl Ferva ncc,_of _(-Clnd i t i or F_of _rrfi n t-a rd
Loan-Parec-ment. 1'1,.e CitY has complied with a@l the tpr7f- and
cc,nditior,s of til(, (-,rant and l,oan and, 5h,jl tE,,k-
whatever acticn ray be r@qui.red to copti!iti@ to cor.,pl@, U-ith such
tcrms and condi-tioi;s so long as the lc@nd is ou,st,@ndjpc.
Section @.6. T!--Uanc- (11 (@t@, 1, I j ,
Fc long
a-- tlic- Pond is c)kjt@tandiii(i, tlic. City r..Ol w@ +h(,ut th@
PTiOl- WrittE'n CCII@ent o, tli@@ crz!t(', -@nc@or, i-,57LUrc
or guaranlc-.e any i-ndeYt(,(Inof@F, or Otti@,r ollioF,.tiop. ColiT, , ti
.cc C, n
wi'Lh thc, @ystc-,.,q E-cct)red l'y a li(,.ri OT, Watcr C), 57C-Wl'r rl'%'C@T@UeS
5 0-
which is superior to the lien thereon sccurii-,r tl,.@ I:cne Thc-
City may , without the consent o,' the -Ilc)ndlioldr- r, crez. tP j-.')cur
ar.@umc? or guaraTItC-e any indebtedness or cthcr eyliciation in
conn@ction wi.th th(' Systc-.,n sccur@-d ly a ]dE@n or charc- uf,on
p,-rt or aal of the revenues of th,:@ lyster rankin@ @qtiall.y witli
the lien and chai-,;c- of th@ Pond.
APTICLE VI
p.me(lie.q n@
----------
Section C,.l. Fvcnt of Pefault Prfirc 0. @acl@ th,,,
followiiig events is herehy declar(,d an F%,(--nt (,f Default:
( a 1-ailure to pay princiral of or interctst on tho
Pond when th(, shpll ),ecore (Itie @.Tid eitt..(,r @.t
maturity or upon maturity by declaration;
(I ) Pefault cn the pirt o-F tlie rit,y ir, the 6.ue ar.,l
punctual perfori,..ance cf E,,ny of t@.e covcn&,T@t.F, conliticn-,,
a(,rc,erents and rrovi-sions --onta-ined in t@.- @or)d Dr ir this
rosolut i-on and tc) !,e perf ormed by it , a nc, s U(--I, d - f E'@ U3 t ,;I- P. I 1
have continueo -1cr CO days after writtun notic-, @recifying
such defaiilt @nd requiriT@Q thp same tc Yc rercdic-,!, f-liall @!,3vc
bc,en filed with tit(? City by the Fondh@-I.d@,r;
( c ) The System or any sih-,tzirti.al r@!rt th(,rc-cf
E-,ball be destroyc@@ ci: da!!@aQcd and for aiiv @hrill nrt I-,.c
r,romptly repaircd, replaced or recnnetructc-d; cr
(O ) Prr,ointment 17Y a c:ourt c' cc,rT,Ptcr,-t j,,rjf--
diction of a receiver for th(, F-yst@im or E..Fproval ly ai)y Fuch
court of any I:c?tj.':ion for reorgpr,.d,7,cti-ci). of i@e City )r
rc,arrangeinent or r(,Fdji)stment, of the CitN,'@, ollici@ticr,. und,=r
tlic, provisi.ons of any apylicable I)ankruptcy l@ws.
Section (.-I. Fe mcdic)s upnn @Pf',Ult. LIT'OD tlic
bRppeninc of an Fvent cf Pefiult, tl,,e I:orOhcl@(-,r s@all l@,,.vc tr-e-
follow"no riahts and remcdies:
(a) The Pondhol6er may, by writt@n notice filed
wi-th the City @',,.riaCEr, dec,,l@ire tli,: I-ri-cilel of the @cp.0, lo I)c
iT,mediatE!IY Oue epd -ayalle, and upci) suc@ d,,clar@tion the 1-ond
stiall become and be iumc-cliately due and rayal,2e, anythdnn in
the Pc)nd or in tyis resolution tc) the coyitrEl@-@,
if, I)OWE@ver, t@.P ('ity t@ereaftc:r r@ke CC,00@ @uc-@. dp4-ault
and any other dcf@iu2t hereunder (exc,@t d@fault in F.,:Ym,,nt o,
princ-.jpul of the Pond so d-clared p@yallc-), t@,e ron@l@c)lder
shall, I.,y notic,- in writina with ttic@ City
resc@-nd and annul such declarallior; E-.nO. a,21 it@, ccnscoll-rcc,.@,
lut no sucli rc-sCiEsioi or 3iintilm@,nt sl.,ill aff(,c-.t P-iiy
dEfault or ri.ght r6l,3tiv,@ thc@reto.
( 1, ) Th@ Poriciliolde-r may I)roc-r(,d tc@ rrctrc-t end
(,iiforc,c- i.t-- riglte- @y a @ui", E,.ction or @1,Ecjr,3 in
O(,Uity or at ].,iw, cith(,r for tt)@ C)f Ery
cc,vc-np.nt c)r arrcc.-mc-nt c)r @),@cutio!i of Flny To,,cr, (,r fcT: th@
enforcement of atly l@rop.@r lecal cr r!E..y bc-
-51-
deemed most effectual to protect and enforc@ ruch ric-hts.
@ection 6.3. Remedic@.,, Cumulativ,. \@o r"fl,rdy ccrfcrr@-d
-------------------
hereby is intended to be exclusi-ve of @iiy oth,r r,r,,eOY, End
every remedy shall he cumulati-ve aiid -i-n e.Cdjtion to -very othcr
rc-inedy I)ereip. or now or herepft,@r exi@;tinc in ElcillitY, a,'t law or
by statute.
ARTICLF VII
Section 7.1. Tf thc-
Por.d shall ha%,e @ccc).mc, due and rayal'i@ --Ti ac,cf-rdirice witt@ its
tc-rr,s or c)thc-iwise as prcvidec in th"@ rc-solLti-ci) r?,ril +h(. ftill
amount of the and i-ntc-rest @o du(, an(I I,Eiy,3hle
have been paid at the ti.rre aiid in thP IT-OVi(..E:d ther@in
and in this resclut@-on, cr if the Fcnd ccntfjrs or
norcallp.h,'-e dire@ct ol)jiciFtion@-, of thp ilr@ited Ft@t@s of @,.rcrice
the Princil)al Of and intcrr-@t c)n, whic:l@ at mpt"Iri.t,y v@ill@ l@e
qufficient to pa), at matiirity t@@ Princ-iial Of aiid int@@rc-st or,
tlie Pond, thor, tlic- ri,7ht, title ar,.d @@nt@rc-Ft (@f tl-,
in thp mcngys, -lurd@- and securi.ti-@s thi---
resolution (oth-L tl).,@n icneys in th- Tlc)i@d. Fun(' @,,:Id fcr piyi@c-nt
of princiual and intc-rest on tlic fond.) and P.]J co,,,onEzr)tF,,
agr(,,?nen"s and other obliaations o' tl@c city to th@ ondbc,3der
onder this resolution shall cea@e, te,mir.atc ETIO l@e E!nd
the City sliall te discharged from it!z -nt:ljcatj,oi,@z- hcT-@undcr.
In such ev(--n-I all. monel's: and Fecui:iti,@@ rot rou.@rce for th(,
Payp,?nt of princi!,F-'l and int,re@t on thc, '@C)rd m,,.@, 1, usc2d !-y
tl,,@ Ci-ty for any lawflil. I:urpose.
ARTICLE VTII
Section &.l.. r
,-cntract -hc@ provi@ions
of this resolution shall constitutc- a c(,rtr2ct !,-twc,n tl,.C, f--ity
and the @uondliold,,r for sc long as the !@npd is cutst@ndinc,.
Section 6.2. Authority_@-r_Cllic-crs - E ii,! i@ , F,
officer-- and agents cf the Citv sl)all 60 all Z,,CTF E"P@. thi,fig@@
r.@cuired of ther @y tliis resolutior) aT,.,.' tl)f) Frinr@ 1C)r thp
CC)mplete and puiictual perforn@ance of all tlic, tel;r@F:, ccvenar;ts
and agrecpieiits co!)tciinee
Section P.3. Filina lic-,,t@,'C)n C) f
Notice. T h C i t 3, C I e r k i s Ii , r (- l@y a u t 1, c r i @,(, d @, n d (l, i rc- t (@ d t o
s t o t,'i e ri r (, d i P, t c, f i I i- n g o f ,. c 0 r t i f i c d c o,@ y c,, f ti E
resolutioii with ttic- Cii-cuit Cotirt C)f tti('- Cit@, C)f '!il-, it).ill 12cach
and witliin tcn 0,2y@, ttl,7rclft,r to c@UF(,- to I'C- OT,.CE in
a new!7par@c)r @,avino (]cn.2rE?l circL.,Iatjc)rl il', tt,@, City , !@c)tick,
.q(-tting forth (1) in @ri,f -,iiid tti@, ruri@ofzf- fol
wliich tho- Pond ir, to Ie issuc-d ,n(j (2) tlr F.,rc-@int of t@.(,
-52-
@ection P.4. limitation-of-Pi@,htF. "otlinc exr@r@,--sed
7- ------
or m@ntioned in or to be implied trom this re@olution or the
Eond is iritended or s)iall be constru-,', tc, civ(' to any rcr-on cr
conr,any other tyan th@ (ity and thp ary IPOP-1 or
equitable richt, repc,dy or cl@in unoc-@r c)r 4-n r@sl-(--ct to tt@is
resolutioii or anl, covc-nants, condi.tions End a,7rc-@-mcnts ILErcin
contained in thi.@ resolution, and al@l C'4 tt@E@ covciants,'
conditions and agreements herc!of are to 1-@ F..T,.d are tor
the sole and exclusive bcnefi-t of tl)e (.'jt.y an(' tllc- Fond.@.older
as herein provided.
Section P.5. Sucl,. olficers
of the City of Vircinia Peach as ray he reauc-@,ted ar,@ herchy
authorizcd to execute an aPProPriat@ ceitificate s,,tti-no forth
the expected use and investmont of the Froc(c-dr: cf tl,c Pcr@c,
is.-ueO. Vur@,uant Ii,-retc in order tc sliow tliet @u(-Ii cxrpctc@ri us@@
and invgstment will not viol@ate tlie !,rcvisicrf- of F(,ction
103(c) of the Int(,-rnal Rev@,nue Code of 101'L@, es Rrienc:ee., -,ind
reaulations issuc-(', pursuant tlipret.o, El,r@2icalle to "@rl@4tregc
bc,n ds Sucli c@rtificate may be in such form as slial-I 1)@
reauested by hond counsc-I for tlie City.
Secticn 8.6. Pr,.y !ieFdincs- ir, th@s
resolution are soinly fcr convend.cj)ce of T-c-:Fprei,.c- an(,, sball
not constitute a @art of the re--olutioi). r,.o-- sh,,Il tlic-y ,.ff(-ct
i-t.s meaning, c-onstruc-tion or @f"@ct.
Section 6.7. I'Pcr@ t@., issuf-,nce
of the Fond all actl;l conditions and t@,jr)@s r(,cujrc-e. l@y thE:-
C,Onstitution and statutes cf th(. CoT,.iionwcalt@ c)f VirTinia or ty
this resolution tc) have hapt@ened, (,Xi,t &r,(@ to h@ve I,-En
p@rformed precedc-nt to or in the issu,!i@cc- of t@i(- Ic)nd sl,all
have happened, exist aiid have been perforred.
Sect4on P.8. Se-v@ralilitv. 'he proN,j-icr,.s cf this
rEsolution arc@ hrely declared to he sevcrallp. I., @n), court
of ccmpetent @uri-sdiction sball hold ,Ty T:rov@sior, C),f t@is
re-@olution to be invalid and siich @.030.inc s@.all
not affect any other provision hereof.
Secticn E.9. Effective Date. TI@i.s rosoluticn shp.11
take effect i-n,mcdiately.
-5 3 -
ITEM #11677
On motion by Councilman Payne, seconded by Councilman Riggs, and by recorded vote
as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A.
Holland, J. Ilenry McCoy, Jr., Councilwoman kleyera E. Oberndorf, J. Curtis Payne
Roger L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, Floyd E. Waterfield, Jr.
City Council voted to approve on first reading the following ordinance to
appropriate funds for the replacement of Refuse Collection Vehicle #80:
AN ORDINANCE TO APPROPRIATE
FU@IDS FOP, Till" l@EPLACI@,'MENT OF
RFFUSE COLLECTION VLIITCLE #80
WHEREAS, City COuncil is intere3ted in providin@@ an adequate
garbage collection service, and,
liliEREAS, the present number o' Refuse Collectiort vcl',iclcs will
alloiq adequate service, and,
WHEREAS, one of these volliciel Ilas lceil damae,,cd beyond repair
and requires replacencnt, and,
WIIERFAS, @@urplus flitids fr.. unfilled poszltions exist in Refuse
Co1Iecti.oll's bulget,
NOW, TllrRE,:FC)RE, Bh 1'r ORI)AINED i!Y Ttir, COUNCIL OF Tlii,' CITY OF
VIR'-INIA BEACII, vil@(',It@IA:
That funds in the amoillit of $35,375 in IzefLise COllect'o'
appropriated froin P,rsolial Ser,,,icec t@ RePllcenl(2'lt of Capital Otitlays
for tliis purpose.
First Reading - J.anuary 16, 1978
Second Reading
Adopted by tlie Cotliicil of the City o" Virginia Beach on tbe -
day of 1977.
1 1 6 7 8
ITEM #11678 5 4
Mr. Irvin A. Douglas appeared in opposition to this.
The following bids have been received for the proposed construction of North
Plaza Trail, from Virginia Beach Boulevard to Newcastle Road:
REA/Birsch Construction Company $2,339,323.30
Contractors Paving Company 2,438,018.23
Ames and Webb Construction Company 2,472,305.00
Asphalt Roads and Material Company 2,478,946.23
Warren Brothers Company 2,493,380.21
Central Builders, Incorporated 2,505,068.17
Engineer's Estimate $2,242,291.73
On motion by Vice Mayor Standing, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen 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, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, Floyd E. Waterfield, Jr.
City Council voted to approve the low bid of REA/Birsch Construction Company, in
the amount of $2,339,323.30, for the proposed construction of North Plaza Trail,
from Virginia Beach Boulevard to Newcastle Road; also approved an added expenditure
in the amount of $1,800 for the purchase of Wax Myrtle trees for the median strip;
and further authorized the City Manager to enter into the necessary agreements in
order to implement this project. Funds are available.
I / 1 6 / 7 8
-5 5 -
ITEM #11679
On motion by Vice Mayor Standing, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen John R. Griffin, Mayor Clarence A. Holland, J, Henry McCoy, Jr.,
Councilwoman Meyera E. Oberndorf, J, Curtis Payne, Ro@.er L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Abstain: Councilman Robert B. Cromwell, Jr.
Absent: Councilmen John A. Baum, George R. Ferrell, Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance to amend and reordain
Section 2-121 of the Code of the City of Virginia Beach relating to Banks and
Savings and Loan Associations in which deposits are authorized:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-121 OF THE CODE OF THE CITY
OF VIRGINIA BEACH RELATING TO BANKS
AND SAVINGS AND LOAN ASSOCIATIONS IN
WHICH DEPOSITS ARE AUTHORIZED
The city treasurer is authorized to deposit or cause to
be deposted all funds of the city in any of the following listed
banks or savings and loan associations:
BANK OF VIRGINIA
BANK OF VIRGINIA - EASTERN
CENTRAL NATIONAL BANK OF RICHMOND
FEDERAL RESERVE BANK OF RICHMOND
FIRST AND MERCHANTS NATIONAL BANK OF TIDEWATER
FIRST AND MERCHANTS NATIONAL BANK
FIRST AMERICAN SAVINGS AND LOAN ASSOCIATION
FIRST NATIONAL BANK OF TIDEWATER
FIRST VIRGINIA BANK OF TIDEWATER
FIDELITY AMERICAN BANK OF VIRGINIA BEACH
SOUTHERN BANK AND TRUST COMPANY
UNITED VIRGINIA BANK/STATE PLANTERS
UNITED VIRGINIA BANK/SEABOARD NATIONAL
VIRGINIA NATIONAL BANK
VIRGINIA BEACH FEDERAL SAVINGS AND LOAN ASSOCIATION
BANK OF VIRGINIA BEACH
VIRGINIA BEACH BANK OF COMMERCE
This ordinance shall be effective on the date of adoption,
Adopted by the Council of the City of Virginia Beach on the
16th day of 1978.
1/16/78
ITEM #11680 -56-
On motion by Vice Mayor Standing, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A,
Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: Councilwoman Meyera E. Oberndorf
Absent: Councilmen John A. Baum, George R. Ferrell, Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance to amend and reordain
Article 6 of the Comprehensive Zoning Ordinance pertaining to side yard set-
backs in the A-1 through A-4 Apartment Districts:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO SIDE YARD SETBACKS
IN THE A-1 THROUGH A-4 APARTMENT DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 6, Section 602(c)(2), of the C.Z.O. is amended and reordained
as follows:
(2) Side and rear yards shall have the following minimum depths:
(i) Each shall be ten (10) feet in the case of multiple
family, detached aRd-seFR4-detaehed-and lodging use
(as a principle use);
(ii) For semi-detached units, the rear yard shall be ten
(10) feet and t eet;
(iii) Fifteen (15) feet in all other cases.
That Article 6, Section 613(c)(2), of the C.Z.O. is amended and reordained
as follows:
(2) Side and rear yards shall have the following minimum depths:
(i) Each shall be ten (10) feet in the case of multiple
family, detached and-sem4-detaehed-and lodging use
(as a principle use);
(ii) For semi-detached units, the rear ard shall be ten
(10) feet and the si
Ten (10) feet in all other cases.
That Article 6, Section 633(c), of the C.Z.O. is amended and reordained as
follows:
(c) The minimum yard requirements shall be as follows:
Front and rear aRd-s4de yards shall have a minimum depth of
ten (1-OTfeet. The minimum side yard shall be @ight (8) feet.
Such yard,shall, xcept for necessary access walks and drives,
be maintained in landscaping and shall not be used for parking.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16
day of January 1978.
/ci 1 / 1 6 / 7 8
6/78
I'll, itli()Ol -5 8-
On motion by Vice Mayor Standing, seconded by Councilman Griffin, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A.
Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: Councilwoman Meyera E. Oberndorf
Absent: Councilmen John A. Baum, George R. Ferrell, Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance to amend and reordain
Article 5, of the Comprehensive Zoning Ordinance pertaining to side yard set-
backs in the R-8 and R-9 Residential Districts;
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5 OF THE COMPREHE@!SIVE ZONING
ORDINANCE PERTAINING TO SIDE YARD SETBACKS
IN THE R-8 AND R-9 RESIDENTIAL DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 5, Part H, Section 573(d), of tile C.Z.O. is amended and re-
ordained as follows:
(d) Side and rear yards. For one family detached dwellings, semi-
detached dwellings and two family detached dwellings, the mini-
mum rear yard shall be ten (10) feet. ORe The minimum side yard
shall be ten-@;9@ feet. Minimum si' e and rear yards
for uses other than a dwelling shall be fifteen (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 perniitted uses.
Rear yards adjacent to the Atlantic Ocean shall have an additional
twenty (20) foot rear yard setback, a total of thirty (30) feet.
That Article 5, Section 582(c)(2), of the C.Z.O. is amended and reordained
as follows:
(2) For building groups of three (3) or more attaclied dwellings, the
minimum s e yard e ten (IU) teet for the lots at
each end of each building group. For bui
attached dwellings, the miniinum sife y-ar;d-
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 day of January 1978. 1 /1 67 8
AS TO CONTENT
'y
- 5 9 -
ITEM #11682
Mayor Holland read the following letter of resignation from Horace C. Shirley, High
Constable:
JUDICIAL DEPARTMENT MUNICIPAL CENTER
HIGH CONSTABLE OFFICE VIRGINIA BEACH. VIRGINIA 23456
January 16, 1978
Dr. Clarence Holland
Mayor, City of Virginia Beach
Virginia Beach, Virginia 23456
Honorable Mayor and Distinguished City Council
After twenty-two years with the City of Virginia Beach, during
which time I sincerely hope I have served the community well, I have
decided to select an early retirement.
My decision has been prompted by a difficult recovery from a
zecent operation and general health reasons.
It is therefore with regret that I respectfully submit my
resignation to the City Council to be effective March 16, 1978.
I would like to recozmnend to the Honorable Council as my re-
placement my present Chief Deputy Thonos V. Ward. He has served myself
and the City well during my tenure. I can think of no one inore qualified
to fill the position.
I wish to thank each member of the Council for the support I
have zeceived from them during my career. Xt has indeed been an honor
to serve you.
Very Respectfully,
e- -
'Horace C. Shirley'@
High Constable
On motion by Councilman Payne, seconded by Councilman Riggs, and by recorded vote
as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, @layor Clarence A.
Holland, J. Ilenry McCoy, Jr., Collcilwoman Meyera E. Oberndorf, J. C,,rtis Payne
Roger L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen John A. Baum, George R. Ferrell, Floyd E. Waterfield, Jr.
City Council voted to accept, with regrets, the resignation of Horace C. Shirley,
High Constable, effective @larch 16, 1978; and further approved the request of Mr.
Shirley by appointing his Chief Deputy, Thomas V. Ward, to the position of iligh
Constable, effective date March 16, 1978.
1 /1 6 /7 8
- 60 -
ITEM #11683
Mayor Holland read a letter from Mr. Richard M. Whitsar stating that his application,
Murray Wholesale Drug Corporation, for a zoning change from A-2 to 0-1, will be going
to the Planning Commission on February 14, 1978, and due to certain problems has re-
quested that Council hear it on February 27, 1978.
The application will be advertised for the February 27, 1978 Council meeting.
ITEM #11684
Mayor Holland stated that two areas in the City, Independence Boulevard-Virginia
Beach Boulevard, and First Colonial Road-Laskin Road Intersections, are traffic
control problems, and requested Council to give some thought to hiring a consultant
to look into this matter.
ITEM #11685
On motion by Councilman Riggs, seconded by Councilman Cromwell, and by acclamation,
the meeting adjourned.
Richard J. We -von, City Clerk Mayor Clarence A.'Holland, M.D.
City of Virginia Beach,
Virginia
January 16, 1978
h
1 6 / 7 8