MAY 9, 1977
CITY OF VIRGINIA BEACI MUNICI PA L,C ENTER
"(14,odd'l C'Ity" VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gb J. HENRY M,COY, J,., D.D.S., B,,.@gh
VICE MAYOR PATRICK L. STANDING, Al L.,g@ MFYERA E. OBERNDORF, A, L.,g@
JOHN A. BAUM, B.,..gb J. CURTIS PAYNE, P,i.,@,, A... B.,.@gh
ROBERT B. CROMWELL, ],. Al L.,g@ ROGER L. RIGGS, Vigi@i. B@.@b B.,@,gb
GEORGE R. FERRELL. A, I,.,g@ FLOYD E. WATERFIELD, I,., P.@g. B.,@.gb
JOHN R. (,RIFFIN, L,.@h..- B .... gh A G E N D A R[CifARD 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 Monday, @4ay 9, 1977, for the purpose of
conducting public business and will hear and act upon the following items:
1. Call to order by tlie Honorable Clarence A. Holland, Mayor, in the Council
Conference Room.
2. Roll Call of the Council.
3. Motion to recess into Informal Discussion and Executive Session. Upon
conclusion of the Executive Session, City Council will reconvene in the
City Council Chambers.
4. Inv?,cation will be given at 2:00 p.m., by the Reverend Karl. L. Crowe,
Lekles United Methodist Church, Virginia Beach, Virginia. Please remain
standing for the Pledge of Allegiance.
5. Roll Call of the Council.
6. Captain Simmons and Milton Holland will make a Rescue Squad & Life
Savings award to the following persons:
William Barnett
Benj,amin Brown
Navy CPO Thomas Keith
John Crowling
7. Mr. Charles R. Hofheimer wishes to appear before City Council to propose
that Virginia Skating Parks, Inc. lease land at Mount Trashmore and con-
struct a major skateboard park.
8a. Minutes of the Regular Meeting of April 2S, 1977 to be presented for
approval and acceptance.
b. Minutes of the Regular Meeting of May 2, 1977 to be presented for approval
and acceptance.
9. No Items for Second Reading.
10. Letter from the City Manager recommending that City Council defer an
ordinance vacating a portion of 79th street on a certain plat known as
Cape Henry, Section D to further allow the applicants of tliis ordinance
to meet with officials of the civic league again to clarify the stringent
restrictions.
11. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Jungle Golf
of Virginia Beach, Inc. for a change of zoning from A-1 Apartment
District to B-4 Resort Commercial District on a 14,000-square foot
parcel, composed of two lots, located on the south side of 23rd street,
west of Pacific Avenue (Virginia Beach, Borough).
12. Letter from the City @lanager transmitting the recommendation of the
Planning Commission for approval of the application of Brandywine
Corporation, T/A Jamestown East Apartments, for a change of zoning
from A-2 Apartment District to A-3 Apartment District on a 3-acre
parcel located at the southwest corner of the intersection of Norfolk
Avenue and Caribbean Avenue (Virginia Beach Borough).
13. Letter from the City Manager transmitting the recommendation of the
Planning Commission for denial of the application of Bowden Construction
Company for a change of zoning from R-2 Residential District to R-3
Residential District on a 12.02-acre parcel located on the south side of
Ewell Road, east of Delray Drive in the Thoroughgood area (Bayside Borough).
14. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Virginia Beach
Investment Company for a change of zoning from A-1 Apartment District to
B-2 Community-Business District on a 0.48-acre parcel located at the in-
tersection of Old Providence Road and Providence Road Relocated in the
College Park area (Kempsville Borough).
1S. Letter from the City Manager transmitting the recommendation of the
Planning Commission for denial of the application of Carlton E. and
Josephine Coppersmith, by Metro Realty Corporation of Tidewater, for
a change of zoning from R-5 Residential District to 0-1 Office District
on a 18,800-square foot parcel located at the southeast corner of the
intersection of Providence Road and Kempsville Road (Kempsville Borough).
16. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Roxiticus Company,
by Raymond M. Barrett for a change of zoning from 1-1 Light Industrial
District to B-2 Community-Business District on a 2.744-acre parcel located
at the southeast corner of the intersection of South Boulevard and Express-
way Drive (Kempsville Borough).
17. Letter from the City Manager transmitting the recommendation of the
Planning Commission for denial of the application of David Oglesby and
Rocco J. Lassiter for a change of zoning from B-1 Business-Residential
District to B-2 Community Business District on a 2.508-acre parcel located
north of the intersection of Level Green Boulevard and Drew Drive (Kemps-
ville Borough).
18. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Crown Central
Petroleum Corporation for a Conditional Use Permit for an automobile
service station on a 30,539-square foot parcel located at the northern
corner of the intersection of Lynnhaven Parkway and South Lynnhaven
Parkway (Relocated) (Princess Anne Borough).
19. Letter from the City Manager recommending tliat City Council approve the
following ordinances:
a. An ordinance making appropriations for the fiscal year beginning
July 1, 1977 and ending June 30, 1978 in the sum of $130,628,359
for operations and $38,497,086 in interfund transfers and regulating
payment of money out of the City Treasurer.
b. An ordinance establishing the tax levy on real estate for tax fiscal
year 1978.
C. An ordinance establishing the tax levy on personal property and
machinery and tools for the calendar year 1978.
20. Letter from the City Manager recommending that City Council approve an
ordinance to amend and reordain Section 22-lSO.l of the Code of the
City of Virginia Beach pertaining to parking spaces reserved for the
handicapped.
21. Letter from the City Manager recommending that City Council approve the
request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the
amount of $126.75.
22. Letter from the City Manager recommending that City Council approve the
following water/sewer agreements:
Green Hill Farms, Section 2
(Lynnhaven Borough) Water &Sewer
Watergate Apartments, Phase 2
(Lynnhaven Borough) Water &Sewer
23. Letter from the City Manager recommending that City Council approve the
following Certificates of Public Convenience:
Company Currently
Authorized Requested
Bayside Cab Company 17 cars 12 cars
Beach Cab Company 20 cars 8 cars
Coastal Cab Company 12 cars 8 cars
24. Letter from the City Manager recommending that City Council approve the
following Bingo/Raffle permits:
Arrowhead Recreation Association (Renewal)
Louis Luxford Elementary School
Plaza Little League (Renewal)
25. Old business, deferred from the previous meeting, including any report
of the Mayor or committees named by Council.
26. New business, including any presentations by Council Members, citizens
and organizations.
27. Motion for adjournment.
MINUTES OF THE HONORABLE CITY COUNCIL
OF TTIE
CITY OF VIRGINIA BEACH, VIRGINIA
May 9, 1977
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, on Monday, May 9, 1977, at 1:00 p.m.
Council Members present: John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J.
Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs,
Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Council Members absent: J. Curtis Payne
ITEM #10761
Mayor liolland entertained a motion to permit the Council to conduct
an informal discussion to be followed by an executive session for
the purpose of discussing the following:
1. Investing of public funds where competition
or bargaining are involved where, if made public
initially, the financial interest of the governing
unit would be adversely affected.
2. 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.
3. Discussion or consideration of employment,
assignment, promotion, demotion, salaries, discipline
or resignation of public officers, appointees or
employees of any public body.
On motion by Vice Mayor Standing, seconded by Councilman Griffin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to proceed into the Executive Session following
the informal discussion.
ITEM #10762
Mayor Holland stated that he was visited by two ladies from the
Garden Club thanking the City, the City Administration, the Police
and the Sanitation Department for their help in Virginia Beach
having one of the best garden tours in the State.
ITEM #10763
The Mayor Stated that the Virginia Beach Association received a
letter from Mr. Wiley Cooke asking that, if possible, the Virginia
Beach Association take over the Virginia Beach Tomorrow program and
to continue to spearhead the involvement of the meetings that were
held to allow them to be the imput behind it.
Mayor !Iolland stated that at this particular time it would do the
Virginia Beach Tommorrow program a lot of good to have the Virginia
Beach Association behind it.
ITEM #10764
The City Manager stated that on May 16, 1977, he will bringing before
Council an ordinance authorizing the City to collect a fee of $50 for
the processing of applications for vacations of plats. Until the present
time the City has charged $100 for street closure applications, and has
not charged for applications for vacation of plats. The State Law
permits a municipality to charge up to $50 for this
ITEM #10765
The City Manager stated that the first item on the agenda, the closure
of 79th Street, is one in which he was under the impression that meetings
had been held between the property owners and civic league officials
regarding the partial closure of the street, and since all restrictions
had been agreed to by the applicant the civic league had no objections
to the closure; however, a letter was received from the attorney rep-
resenting the civic league stating the league's opposition to this
closure.
ITEM #10766
At 2:20 p.m., City Council reconvened in the Council Chambers with
the following Members present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Councilman absent: J. Curtis Payne
The invocation was given by the Reverend Karl L. Crowe, Lekies
United Methodist Church, followed by the Pledge of Allegiance.
ITEld #10767
Mayor Holland introduced Captain Simmons and Captain Milton Holland
from the Virginia Beach Safety Council, who were present to present
the following awards:
For saving the life of a small child:
E. Benjamin Brown
William Barnett
Thomas H. Keith
For saving the life of a small child and her mother:
John Crowling.
ITEM #10768
Mr. Charles R. Hofheimer appeared before Council requesting the
Virginia Skating Parks, Inc., be permitted to lease land at Mount
Trashmore for the purpose of constructing a major skateboard park.
Mr. Hofheimer stated the park would cost approximately $350,000
and would have four major runs with 100 skateboarders to a run.
Along with this there would be a pro shop and also a skateboard
clinic.
After considerable discussion, this matter was deferred for sixty
days to permit the City Manager and City Attorney to look into the
feasibility of leasing land at Mount Trashmore for the purpose of
constructing a skateboard park.
ITEM #10769
On motion by Councilman Cromwell, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. itiggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve the minutes of the regular meeting of
April 25, 1977, and dispensed with the reading of said minutes inasmuch
as each Member had a copy.
ITEM #10770
On motion by Councilman Waterfield, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, tdayor Clarence A. I-Iolland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve the minutes of the regular meeting of
May 2, 1977, and dispensed with the reading of said minutes inasmuch
as each Council Member had a copy.
ITEM #10771
Mr. Grover C. Wright, Attorney, appeared regarding this ordinance.
The following appeared in opposition:
Mr. Peter Agelasto, 111, Attorney
Mrs. Elizabeth Sills
Mrs. J. C. Kelly
Mr. Tazewell Hubard
Mr. Andrew Berky
After considerable discussion, Vice Mayor Standing made a inotion,
seconded by Councilman Griffin, to defer the following ordinance
vacating a portion of 79th Street on a certain plat known as Cape
Henry, Section D; with the stipulation that the City take some
leadership in working out a solution to this overall problem. The
recorded vote is as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: Councilman John A. Baum, and Councilwoman Meyera E. Oberndorf
Absent: Councilman J. Curtis Payne.
City Council voted to defer the following ordinance vacating a
portion of 79th Street on a certain plat known as Cape Henry,
Section D; with the stipulation that the City take some leadership
in working out a solution to this overall problem:
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,IDE: c@r
10-5-76
ITEM #10772
P@tition of Jungle Golf of Virginia Beacti, Iric. for l Change of Zoning District
Classification froni A-1 4ct @,@ l@) 1 r,(@sort Conin-)ercial District
on certain prol)erty loc,,,It,!,i ,r, cil i) st, t-,e t I)egiritling al
point 100 feet Wcst of @l@@@lanct! (,f '00 feet flie
South side of 23rd Str(-,@t, i,i--ill]4 -i @ilon@ th(,-
property line, rutining @i of 100 f,, @2 ttlie S()uthern prcper"'y line
and running a clist@Lzac(? ',)f "@10 le,,ti z@IOI)I@ @lli,, 11710,@ Sli(i
I contains 14, 000 jqii,,.i-c f@et. VI-i@' l@ jI T
parce
Planriing Goi-nmission
A rnotion was passed "@ii, by a r--corc-Lecl
vote of 11 to approve "ll;@;
For the iiiforrnation of ()f l@)Uii@',il,g
the following will 1),2 t I
1. Standard site @,y Lli,@ Sill,-, j)t@ill
2. City water and I! til-re of zii-,c r(,Vie%v.
3. A mininiuri 6 iiicii vzi'l 1 il;ii; froiri tlie l@u rnaii,
on Arctic Aventic iri order (O D@' ('V;Cll'If;l-(@ 1)rolecti@)n.
On motion by Councilman Riggs, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council approved the following ordinance upon petition of Jungle
Golf of Virginia Beach, Inc., for a Change of Zoning District Classifi-
cation from A-1 Apartment District to B-4 e@sort Commercial District:
ORDINANCE UPON PETITION OF JUNGLE GOLF OF Z0577240
VIRGINIA BEACII, INC., FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM A-1
Apartment District TO B-4 Resort Commercial
District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
that:
Petition of Jungle Golf of Virginia Beach, Inc., for a Change of Zoning
District Classification from A-1 Apartment District to B-4 Resort Comm-
ercial District on certain property located on the South side of 23rd
Street beginning at a point 100 feet West of Pacific Avenue, running a
distance of 100 feet along the South side of 23rd Street, running a dis-
tance of 140 feet along the Western property line, running a distance of
100 feet along the Southern property line and runnin.- a distance of 140
feet along the Eastern property line. Said parcel contains 14,000 square
feet. Virginia Beach Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Site
Plan Ordinance.
2. City water and sewer will be required at the time of
site plan review
3. A minimum 6-inch water main must be extended from the
16-inch main on Arctic Avenue in order to provide
adequate fire protection.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
ITEM #10773
Peti'tion of Brandywine Corp. , T/A Jamestown East Apartments, for a Change of
Zoning District Classificatic)ii frorn A-2 Apai-tint@nt District to A-3 Apartment
BTtrict on certain property located @it tlie Soi)thwest ititersection of @lorfolk
Avenue and Caribbean Avetiuc, running @t clist@,nce of 524. 10 feet along the South
side of Norfolk Avenue, riiritiing a clist@ince of 388.12 feet along the Westeril
property line of whicli 217. 30 feet is t@ie ,Fast si(le of Rudee Aveniae, rutining
a distance of 510. O@t feet aloiig tlic SoLitij,,i-n l@i-ol,)(@i,-ty liiic and riiiiiiii-,g a distance
of 267. 56 feet along the V@est sicle of Caril)l)c,,n Avcl-iuc. S@-t@cl Ii.,-Arccl CC)nt;t@ll@;
3 acres. VIRGINIA BEACII BOJ@OUC;ll.
Planning Commissioii Reconiiileildatioll:
A rnotion was passed unanii-rioiisly by the Plaiiiiii,@g Comniissi(-)n by , recorded
vote of 11 to approve this r,@quest.
For the information of the ipplicant, prior tc) tlie issiiance of a I)Uilding permit,
the following will be requii-ccl by tl)c zdii)inis'.I-Zitive stiff:
1. Standard iniproveiyients as recltiired by t@lie Site Plan Orclinance.
2. City water atici sewer will bc required at the tii-i'le of site plan re-view.
Further, this or(linance sli@ill be effecti.ve ijID@)ti satisfactory complizincc to th-
conditions impose(i iii tliis illotioli, ZiTI(i it iS unclerstood aild agreed to by tlie
ap@licant that tlie official cli@iri@@ on tlie zc)iiin,, nqaps will not be niacle until tlie
f. owing condition is satisfic(l:
A dedication of riglit-of-way 35 feet froi-n tlie centerline of the existing
50 foot right-of-way alai@- tlie 524. 10 foot rr)orc or less frc)ntage on Norfolk
Avenue (a 10-foot dedication). Also, 20 foot r,,<Iii cledications ',Vill be rcquired
at the intersections witli (7,aribbeari Avenue ancl Rudee Avcnue.
Mr. Jack J. Osmond appeared regarding this petition.
Mr. Alton J. Butts appear@,d in opposition.
On motion by Councilman Riggs, seconded by Vice Mayor Standing, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Crom@vell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council approved the following ordinance upon petition of
Brandywine Corporation, T/A Jamestown East Apartments, for a Change
of Zoning District Classification from A-2 Apartment District to A-3
Apartment District:
ITEM #10774
Petition of Bowden Construction Company for a ChanQe of Zoniiig District
Classificalion fr-orn R-2 Residential District to R-3 Residential District on
certain property locatecl c)n the Sotitli sicip o' Road bc-ginning at a point
ZZO feet more or less Fast of Duiistan Lane, runiiin,, @l distance of 1573. 67
feet along the Southerii property Iiiie, ruiitiiii@., a (lislance of 38i. 82 feot
along the Eastern property Iiiie, rtiniiin, ii cli,,3tance of 1336. 01 feet along tlie
Northern property litic @in,l runniiig a distance of 393. 44 fcet along tlie
Western property line of -,vhicli 240. 22 feet iiiore or less is the Soiith side
of Ewell Road. Sai.cl parcel cojitains 12. 02 i( rcs, (Thoroiigligood Area).
BAYSLDE BO--OTJGEI.
Planning Cornrnission Re(-ornrnendation:
A rriotion was passed titianirylously by the Pl@iiiiiitig Commission by a recorded
vote of 11 to deny this requcst due to opposition of residents in tlie area.
Mr. Bowden appeared regarding this matter
Mr. H. T. Mahler appeared in opposition
On motion by Councilman Cromwell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry YicCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Ri@-gs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to defer for sixty (60) days the above petition of
Bowden Construction Company for a Change of in istrict Classifi-
cation from R-2 Residential DistriZt-to R--3 Residential Dist 1 t on
certain property located on the South side Of Ewell Road beginning at
a point 220 feet more or less East of Dunstan Lane, running a distance
of 1573.67 feet along the Southern property line, running a distance of
381.82 feet along the Eastern property line, running a distance of 1336.01
feet along the Northern property line and running a distance of 393.44
feet along the Western property line of which 240.20 feet more or less
is the South side of Ewell Road. Said parcel contains 12.02 acres.
(Thoroughgood Area). Bayside Borough
ORDINA-NCE UPON PEi'ITIO,\ @F 'L31@A@NI)YWI-N], Z0577241
CORPORATION, T/A JAMESTOWN EAST APART-
MENTS, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-2 Apartment I)istrict
TO A-3 Apartment District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA,
that:
Petition of Brandywine Corporation, T/A Jamestown East Apartments, for
a Change of Zoning District Classification from A-2 Apartment District
to A-3 Apartment District on certain property located at the Southwest
intersection of Norfolk Avenue and Caribbean Avenue, running a distance
of 524.10 feet along the South side of Norfolk Avenue, running a dis-
tance of 388.12 feet along the Western property line of which 217.30
feet is the East side of Rudee Avenue, running a distance of 510.04
feet along the Southern property line and running a distance of 267.56
feet along the West side of Carribbean Avenue. Said parcel contains
3 acres. Virginia Beach Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard iniprovements as required by the Site Plan
Ordinance
2. City water and sewer will be required at the time
of site plan review.
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 condition is satisfied:
1. A dedication of right-of-way 35 feet from the center-
line of the existing 50 foot right-of-way along the 524.10
foot more or less frontage on Norfolk Avenue (a 10-foot
dedication). Also, 20 foot radii dedications will be
required at the intersections with Caribbean Avenue and Rudee
Avenue.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 9th day of May, 1977,
ITEM #iO775
Petit@ori of Virginia Beacii Investrnent Con-ipany for a rict
Classification froni A-1 Apiirtnient District tO B-2 Community-Business District
on certain property"locatcd it the ititersecti,)n of Old Providence Roacl an(]
Providence Road Relocatel begii)ning at @t pc)iiit 850 feet rnore or less East of
Military Highway, runrling @t clisl:,aiic(,, of 98. 7'--) fc(-,t in aii Easterly direction,
running a distance of 189. 55 feet i,i a Soiitlierly dircction, runniiig a distancc
of 107. 40 feet in @in Eas,erly direction, ruiinin,, a dist@ince of 102. 96 feet iri
a Southerly direction, running a distancc,- of 33'0. .95 feet along the Nortli side
of Providence Road Relocate(i, and running a (iist:,Iiic(-- of 73 feet more or le,,-s
in a Nortlierly (lirection. S@,i,i is irrep,,il,,r in shape anci c(@ntii.n--
acre rnore or less. KEvill,@VIT"I'l@@
Planning COrlimissioii Recomrnendatioli:
A motion was passr-@d unanin-iolisly by the Plal)r,iri, Comniission by a recorded
vote of 11 to approve tliis reqliest.
For @lie inforination of the zippl.icinf@, prior to tlie issuince of a buildiiig 13erniit,
the following will be requircci by the a(,Illlitlisti-@-@tive staff:
1. Staiidard improven@ents zis i,eqilired I)y the Site Plan Ordinance.
2. City water and sewer will be require(] at Lhe time of site plan review.
3. A grinder pump will be required.
COUNCILMAN CROMWELL AND VICE MAYOR STANDING LEFT COUNCIL CHAMBERS.
Honorable Owen B. Pickett, Attorney, represented the petitioner
On motion by Councilman McCoy, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert B. Cronwell, Jr., J. Curtis Payne, and
Vice Mayor Patrick L. Standing
City Council voted to approve the following ordinance upon petition
of Virginia Beach Investment Company for a n e of in District
Classification from A-1 Apartment District to B-2 Community- usiness
]-strict.
ORDINANCE UPON PETITION OF VIRGINIA BEACH Z0577242
INVESTMENT CORPORATION FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM A-1
Apartment District TO B-2 Community-
Business District
BE IT ORDAINED BY TiE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA,
that:
Petition of Virginia Beach Investment Corporation for a Change of ZoninL,
District Classlfloation from A-1 Apartment District to D@C .. mmuni
-ty-
i.tri@t 0.
Business rtain property located at the intersection of
Old Providence Road and Providence Road Relocated beginning at a point
850 feet more or less East of Military Highway, running a distance of
98.75 feet in an Easterly direction, running a distance of 189.55 feet
in a Southerly direction, running a distance of 107.40 feet in an Easterly
direction, running a distance of 102.96 feet in a Southerly direction,
running a distance of 336.95 feet along the ilorth side of Providence load
Relocated, running a distance of 73 feet more or less in a Northerly
di.rection. Said parcel is irregular in shape and contains 0.48 acre
more or less. Kempsville Borough
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan
Ordinance
2. City water and sewer will be required at the time
of site plan review
3. A grinder PumP will be required.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 9th day of May 1977.
COUNCILMAN CROMWELL RETURN D TITEM #10776
E 0 CHAMBERS
Tid(,
of Ii
vot,
%,las f,
Mr. Neal Porter, Metro Realty, appeared regarding this matter
The following appeared in OPPosition:
Mrs. Sharon Schmidt
Mr. William Younger
On motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L.
Standing
CitY COuncil voted to deny the above petition of Carlton E. and
Josephine Coppersmith by Metro Realty Corporation of Tidewater
for a Change of Zoning District Classification from R-5 Residential
District to 0-1 Office strict on certain property located at the
Southeast corner of Providence Road and Kempsville Road, running a
distance of 100 feet along the South side of Providence Road, runn-
ing a distance of 188 feet along the Eastern property line, running
a distance of 100 feet along the Southern property line and running
a distance of 188 feet along the East side of Kempsville Road. Said
parcel contains 18,800 square feet. (Bellamy Manor Area). Kempsville
Borough.
ITEM #10777
B C'),@', -L;
A
F
the
Mr. Raymond M. Barrett appeared on this matter
On motion by Councilman McCoy, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L.
Standing
City Council approved the following ordinance upon petition of
Roxiticus Company by Raymond M. Barrett for a Change of Zoning
District Classification from I-I Light Industrial Dis!-rict to
B-2 Community Business District:
ORDINANCE UPON PETITION OF ROXITICUS COMPANY Z0577243
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM I-1 Light Industrial District TO B-2
Community-Business District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
that:
Petition of Roxiticus Company by Raymond M. Barrett for a Change of
Zoning District Classification from I-I Light Industrial District to
B-2 Community Business District on certain property located at the
Southeast intersection of South Boulevard and Express@vay Drive, run-
ning a distance of 290 feet along the South side of South Boulevard,
running a distance of 531.04 feet along the Eastern property line,
and running a distance of 650 feet along the East side of Expressway
Drive. Said parcel contains 2.744 acres. Kempsville Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard improvements will be required by the Site Plan
Ordinance.
2. City water and sewer will be required at the time of
site plan review.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 9th day of May 1977
ITEM #10778
Petition of Davil Ogle.,; I),i @-,e c)f Z on iii
Classification fri@ii I1,
District 01)
secti,,Ii @@f I
alon@,, ti-,c
PI. c)i)c J:l
rtinnin@ll z.,
ta iii.,; Z. , 0 8
A motic)yl was r),@
vote C)f 11 to
Mr. Cabell Mercer appeared in opposition.
On motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L.
Standing
City Council voted to deny the above petition of David Oglesby and Rocco
J. Lassiter for a Change of Zoning District Classification from B-1
Business Residential District to B-2 Community Business District on cer-
tain property beginning at a point 150 feet North of the intersection of
Level Green Boulevard and Drew Drive, running a distance of 375 feet
along the Western property line, running a distance of 86 feet along the
Northern property line, running a distance of 405 feet along the Eastern
property line and running a distance of 341 feet along the Southern pro-
perty line. Said parcel contains 2.508 acres. (Level Green Area).
Kempsville Borough.
ITEM #10779
Application of David Orlesl,,,
Permit fc)r a
feet IN(@,rtli (@f
runnitie a
distaiicc of 1)6 f(!et ztjo,i@@,
405 feet aloii,, tli,@
along tlic
(Level Crecii Are.1). !..ii l,'@j
Planning Coiiimi.,5sio@i
A niotion w@is
vote of 11 to
was f(!It thii tis(?
On motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L.
Standing
City Council voted to deny the above application of David Oglesby and
Rocco J. Lassiter for a Conditional Use Permit for mini-warehouses
on certain property beginning at a point 150 feet North of the inter-
section of Level Green Boulevard and Drew Drive, running a distance of
375 feet along the Western property line, running a distance of 86 feet
along the Northern property line, running a distance of 405 feet along
the Eastern property line and running a distance of 341 feet along the
Southern property line. Said parcel contains 2.508 acres. (Level Green
Area). Kempsville Borough.
ITEM #10780
Applicati(,ti of )@inies River 11 ty
Corporitti(iri for i F;Crvice st
cert@i,ir, l@T@opoi@t,
I I @ i ;,; I t - (@ f
of
a 35; f
Plati,cii;-.1c, (,o i,@ii i i!;
A nioti oii
the
For til,, iiifc,rll)@ill
the
j 3
3. l@o
otlier biiii(iiii@I i@f
haven Rc)ad are to I,,@! c I i i i,-i,t Ii
z:,ervice i @; t,,
Siipe t. ,,@ ii: i
h.tv(@ii R(@)@irl ri-
5. CO-,I)Plil;lc,,
Atitc)n-iobile Service
Mr. W. J. Anderson, VGRA, appeared in opposition
I
On motion by Councilman Griffin, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, and J. Henry McCoy, Jr.
Nays: Councilmen John A. Baum, Councilwoman Meyera E. Oberndorf,
Roger L. Riggs, and Floyd E. Waterfield, Jr.
Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L.
Standing
City Council voted to approve the following resolution upon application
of Crown Central Petroleum Corporation and James River Realty Corporation
for a Conditional Use Permit for an automobile service station:
RESOLUTION UPON APPLICATION OF CROWN CENTRAL R0577108
PETROLEUM CORPORATION AND JAMES RIVER REALTY
CORPORATION FOR A CONDITIONAL USE PERMIT FOR
AN AUTOMOBILE SERVICE STATION
BE IT RESOLVED BY TIIE COUNCIL OF THE CITY OF VIRGITIIA BEACH, VIRGINIA,
that:
Application of Crown Central Petroleum Corporation and James River
Realty Corporation for a Conditional Use Permit for an automobile
service station on certain property located at the intersection of
the Northern right-of-way line of Lynnhaven Parkway and the Eastern
right-of-way line of South Lynnhaven Road (Relocated), running a dis-
tance of 155 feet along the East side of South Lynnhaven Road (Relo-
cated), running a distance of 175 feet in a Northeasterly direction,
running a distance of 175 feet in a Soiitheasterly direction, running
a distance of 155 feet along the North side of Lynnhaven Parkway and
running around a curve a distance of 20 feet, Said parcel contains
.701 acre. Princess Anne Borough.
For the information of the applicant, orior to the issuance of a building
permit, the followin-- will be required by the administrative staff:
1. Standard site improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. No gasoline service islands are to be located closer
than 55 feet to any other building on the lot.
4. Only two curb cuts on Lynnhaven Parkway of 24' maximum
width, each clearly marked "in only" and "out only", and
one curb cut on Soutil Lynnhaven Road. Further, there is to
be no median cross-overs on South l,ynnhaven Road or Lynnhaven
Parkway. (amended Auizust 22, 1977, Item #11197
5. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
This resolution shall be effective upon date of adoption.
Adopted by tlie Council of the City of Virginia Beach, Virginia,
ITEM #10781
Mr-. Robert D. Yates, Sr. appeared on this matter.
On motion by Councilman McCoy, seconded by Councilman Riggs, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L. Standing
City Council voted to approve on first reading the following ordinance
making appropriations for the fiscal year beginning July 1, 1977 and
ending June 30, 1978, in the sum of $130,6-z8,359 for operations and
$38, 497,086 in interfund transfers and regulating the payment of
money out of the City Treasury:
AN ORDINANCE MAKTNIG APPROPRIATIONS FOR THE
FISCAL YEAR BEGIT@@114C, JUf,@ 1, 197 7 AND RNDING
@@l )F C)@@17, TI[IRI-
,,@@JNF, 30, 19@@;. TI,' ')Ill' S I
MFL,f,]()T,I, @-f r@qlqT",Y Tii()@j"'AliD, Til E
"'!',@o,.S:@8,359) FOR
C',PERh'i'l FOUR l-@IJNI)'RFD
NTliEl'@ ,@'IX CoL,l-4RS f$@18, 97,7@,8@",
T OF
REGI@.LA@i',G TliE PA,'@IFll
MOt-@L@@@' C,-IJT O@'
WIIEAREAS, tlie (ity ,-iibmitted to tlie Council an
Annual Btidg(.-t foz yezir begititii@c i(ily 1, 1977, aiid
ending Jiirie 30, 19/@i, j,@": @t i@ tc, approdzjate suffic@L@i.,-,t fuids
to cover said
NOW, THEREFOf@i,', B@," -,-j' OP@I)A,I!T@,,]', C',-)ITNCII, OF TIIE CITY OF "@ji@(,LNIA
BEACH, VIRGINIA:
Section J, @i,e i-,Ir@LCI ONE HIJNDRED N-INE
MILLION, ONE iit'jNDI@EI) i@41,.@N't@Y FIITE L,'OIJR 111INDI@FD FOR'EY "@Vl@ ill()If,AI;S
($169,125,445) coiisi!,tinp, of TI@]!@l*-',' l@-,(@IIT FC)UR ililkll)RI.7,D N114Li',Z
TIJOUSAND, ETC',IITY STX
IJUNDRED THIR'I'-@ @l I I 1, 1 o@@, 1
FIFTY NINI@ DOI,I,@',Izs
be neccL;@;@iry i il,, l@
submitt,,d by ti,(. (@iL,
approl)i-
1977-78. for i"
funds of Llie t i
set fortli Jii
for the @,eiic
1 9
Code
Number f F, enditures '9--
GENERAL FITI@D:
le@islatiN,e Departiuent:
Muiiicipa@, ci@@-icil
City Cleik
'rotal
Exectitive @)epaitment:
City Maiia@;er
Public T@iforni@itioii
@,446
The Graiit: office @@3,580
i e
,)ffice of Lliiiergency Ser,,, c s
Office of Fnicrgency Me.-ii(al
Servi(@es
l,aw 1) t
city 2,@
Finaiice -ii,t:
c)i Lli,.@ Revei,@tie
Boar@- of @@Tializaticn
1 ty I T Ass s
u 3 -c; 6@
'Preastif ,, n( I Isl@
l@ireccor o@ i,tnance
@esearcfi
Purchasi,@@, 1
Etpplo-,,ee.,, 1', ino.
2, 1 @6, 3i8
ni
(Col-,tilluFd)
20
Code Budget
Number Itetn of Expendit r@ 19 77- 19 78
GENERAL FUND:
6. Jtidicial DU:,rtme@t
Circuit Court 190,744
General District Cotirt 156,525
Juvenil.e and Domestic
RelatioTis Court 59,559
Juvenile Probation 470,051
LunAcy Coimiiigston 5,300
COMMOTIWe,ll.th's 324,261
Commoriwc!altl)'s
Social 32,891
High 156,263
Shey.iff 199,962
Clerk of Circtjit Co@.ti:!@ 109,500
City Jail. 578,525
Jtivenil.c-- !,c,@,i 43,000
,Tiistic(!E,@ of t[ic@
Tot@il $ 2,332.102
7.
c,vcriti ve I,i 494,357
Coninititilty Alc@,)Iiol 53,914
City 100,298
Al@@oliol @(@ @;1/2,1 35,360
Meiital Ilealth @ii),i ;@@?tirdati,)ii
Services B,)ctTd 153,387
conil Y (@ll c, 1) s ivc! it I i L;, lie
683,409
t l@l k7
liandic;ippe(i 116,207
Coml)roli,@ii@;ivc@ Siil,,@@ iticc-2 AI)TIse
262,031
i @,y 15@tse @l'i Center-
44 8 , 8 16
T(,tal $_.__2,347,779
8.
I)j.i (@t L,)r @)f S(,c i @t I Services $ 2,:326,005
Pul)l.i(,, Ass.!,stance 1,798,280
200 O@00
Total. 4,324,285
(Coiit@iLn,j(,.d)
Code B,,idg&.t
Ntimber Item of F,*,wr)c.-,@ ii @ i, es 1977- t9
9. Pol i,ce D
Der)arr,n,iit icp 7,! 80, 5 3,@,
16, 97
296@371
n 7, /@ 97,
I 0
362, 5
@51 I-Ioi
i , 25.1; 2@
5 5,i., 29
i@, e@,! 98, i
@(@) I i @ 153, i2
!,.A,ks I , I,, 2 9
1 9-14
1 20 ,l
6 ,
21
rodE
Numi)e,@ e f '977--1978
13.
t- iren t A
1 39 @12
2 3 7, 886
10(i 7/,'@
2 1 @5 2 1 9
61
16,
9 i
4 i .2 7@'@
1 56 o )C,
24
Code Budget
Number Item of Expenditures 1977-1978
WATER AIM SM-IFR FMID:
20. @Irt@Tpcnt of Ptiblic Utilities: (Concluded)
SOLI@-@Of Supply $ 3,340,650
Operations and Maintenance-
Water 2,199,965
Operations and Ifaintenance-
Sewer 895.862
Total $ 7738,914
Revenue Bond Debt Service 295 850
Transfer to Other Funds 95 879
Reserve for Conti.iigencies 200,000
TOTAL I,.IKPER AND
SEWER FUND
SCIIOOI, OPERATING PtrQl):
12. @art,,r,ent of Edtication:
Adiiiiaistration $ 827,745
Research, Planning, and
Davelopment 290,997
Instrttction, l@egular
Day School 38,492,066
Otlier Instructional Costs 4,908,742
Atteridance aiid licilth Services 804,066
Pupil Transporti,,tion 2,797,019
Operations of School Plant 4,050,425
Mainte.nance of Scliool Plant 2,501,136
Fixed Cliarges 3,085,300
StiT=er Scliool 262,525
General Adult Education 39,386
Basic Adult Education 54,381
Vocatioiial Adult Education. 121,254
Capital Outlay 483,948
TOTAL EDUCATIOti 1-5-817 , @o
LAVI LTBMT.,Y FUND:
12. Law Library
(Continued)
25
-Code Bddget
Number Item of Expendittire 1977-1,978
VIRGINIA BEACII SPECIAT, RE@VRNUE FLMD:
9. Transfer to Otlier Ftirids $ 57 500
SIX BOROUGli SCITOOT, DE]IT FUND:
25. Debt Service $ 379 141
BAYSIDE ANT) KE@FPSVILLE BOROUCIIS
SCHOOL I)EBT FUlil):
25. Debt Service $ 10 8@7
@ENERAT, DFBT FUND:
25. Debt Service $ 11,370@3@
VIRGTNIA EFACII BOROITGII GENERAL
DEBT FUND:
25. Debt Service $ 82 100
TOTAI, BUDGET $ 169,125,445
Less: Interfulid Transfers 38,497,086
NET BTIDGET $ 130@628,3-59
26
Section 2. Subject to the provisions of Chapter 2, Article III,
of the Virginia Beacli City Code, the salaries and wages set fortli in
detail in said Annual Budget, are hereby autliorized and fixed as the
maximum compensation to be paid for services rendered.
The total of positions, shall be the,maxinitun number of positions
authorized for the various departments, bureaus and divisions of the
City during said fiscal year, and the number thereof shall not be
increased during said fiscal year unless authorized by the Council.
The City Manager may frotn time to time increase or decrease the
number of positions in the labor class provided the aggiegate amount
expended for such services shall not exceed,the respective appropriations
made therefore. The City Manager is authorized to make su6h rearrange-
ments of positions within bureaus named herein, as may best meet the
uses and interests of the City.
Section 3. All collections of delinquent City taxes sliall be
credited to the General Fund of the City by the Treasurer.
Section 4. All collections of local taxes levied shall be credited
to the General Fund of the City. Transfers shall be made from the General
Fund to the respective specially designated funds for which a levy is
made in the respective amounts levied for each such specially designated
fund.
Section 5. All tax abatlments and tax supplements dated subsequent
to June 1,1978, for the 1978 tax year shall accrtio to the General Fund
of the City.
27
Section 6. All balan(,es of the 91,propriations payable out f
each fund of the City Treasury uneilctliiibered lit tli, cl6se of business
on the thirtietli (30th) day of June, 1978, except as otherwise provided
for, are hei7eby declared to he lapsed into the siirpl.tis of tlie respective
funds, except Scliool operating Fund %@,iiich sliall lapse into tlie General
Fund Surplus, and shall be used for tlic payment of the appropriations
which may be made in the appropriatioii ordinance for the fircal year
beginning Jul-y 1, 1978.
Section 7. No departi@ient, bureati, agency, or individual receiving
appropriations under the provisions of this Ordinance sliall exceed the
amount of its or his appropriati.ons c-xcept witli consent and approval of
tlie City Cotiiicil fil-st bcing obtaiii(,d, l,ut it is expressly provided that
the restricti,ons with Yesl)t@ct: to tlie xl,(,n(ilttire of the fiinds approl)riatecl
shall apply only to the totals for ci(h (lep@krtiTient, bureau, agency, or
individual includ(,d in tliis Ordin@,nce.
The City @tanager is h(?reby atithorized to apl)rove transfers for
appropriations @,,ithin any departnent or betweeil departments in an atqount
not to exceed $5,000 iii any single tr@@iiF;actioii, aiid further, I)e is
authorized to approve transfers and exl)enditures from tlie Reserve for
Contingencies in an amount not to exc(,(-,d $5,000 in any single transaction.
in addition, the City Manager is authc@rized to exercis.e control over
classes of expenditures within bureat!S.
Section 8. Notliiiig in this section shall be c,)nstrued as
authorizing any reduction to be ip@ide iii the ainotiiits al)i)ropriated in
2
this Ordinance for tlie payment of interest or bonds on tl,e bonded
debt of tlie City Government or the former political subdivisions of
Virginia Beach and Priiicess Anne County.
Section 9 Allowaiices out of any of tlie rppropriatioiis made
in tliis Ordinance by aiiy or all of the City deparlments, bureaus
or agencies, to any of their officers and eniployees for e),Penses
on account of the use by such officers and etni,loyees of tileir
personal automobiles in tlie di.scharge of ttieir officiiii duties
shall not exceed fifteen cetits (15cts) per mile of actual. travel.
Section 10. All traveling e.@nse accoiints shall be submitted
on forms and accordli@g to regillatioiis prescribed or approved by the
Director of Finance. Earli acco?int shall show tlie dates e@.pei-xses
were incurred or paid; iiLLuber of mi lts travc,.Ied; iiiethod of trlv-01;
hotel expeiase@,, neals, iiici.df--iita.1 e)rreiises E,,uch @is telegr,,.inis,
telephone calls, etc. Tlie f)irector of Finance is specificr.Ily
directed to withliold tlie i@@pu@ince of cliecks in payinent of exl)ense
accounts sub@-nitted for "Iti.,rzp-suin" z,,iiounts, exccipt in the case of
Council Meinbers and einploye-es of tli(! School Board.
Section 11. That tliis Ordinaiiee sliall be in effect fr,,m and
after the date of its adoption.
Sectiori 12. That if any part or parts, se(.tion or secti(,ns,
sentences, clause oi- phrase of t@iiis Ordinance !r, for any i:eas,,ii
declared to be unconstitutional or i.iivalid, suc@i decision sliall
not affect tlie validity of t:lie remainir,g portiolis of tliis Ordinaiice.
First Reading: May 9, 1977
Second Reading:
This ordinance shall be effective from date of adoption.
Adopted by the Council of. the City of Virginia Beach, Virginia, on
the da-y of 1 1977. ,
ITEM #10782
On motion by Councilman Ferrell, secodded by Councilman Cromwell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L. Standing
City Council voted to approve on first reading the following ordinance
establishing the tax levy on real estate for tax fiscal year 1978:
AN ORDINANCE ESTABLISIIIN(@' THF, TAX LEVY
ON REAL ESFATE FOR TAX ri.SCAT, YEAR l@978
BE IT ORDAINED 1,Y TIIE COUNICIL OF I'IIE CITY OF VIRGINIA BEACII,
VIRGINIA:
Section 1. AMOtllqT OF T,FVY ON R7@--Al, F,STATI-1.
There shall be levied and collected for fiscal year 1978 taxes for
general purposes on all real estate, not exciiijit froin taxation and not
otherwise provided for in tliis Ordinance, oil each one hundred dollars
($100) of assesse-d valuation tliereof, based on the following rates:
General Six Borotigh liosquito Total Rate
Borougli Coverruneiit School. Dc,.I)t Control FY 1978
Bayside $ .84 $ .01 $ .02 $ .87
Blackwater .84 .01 -
.85
Kompsville .84 .01 .02 .87
Lynnhaven .84 .01 .02 .87
Princess Ainc .81A .01 - .85
Princes@- @losqu7-t:o SIA .01 .02 .87
Ptingo .84 .01 -
.85
Pungo Mosqui.to .84 .01 .02 .87
Virginia Bc@acli' .81, - .02 .86
The real prolerty I-ax r@itc.,3 @qlil.cli been prescribcd in tlii:-, section
shall be applied on @ho b,.sis of onc liundro(I pctrcenttiiii of tlic fai.r Plarl@et
value of su(:IA i.-cal 1'rop"@rty eycept for ptil,lic senice r(,.al property N,71iicii
30
Section 2. @IOUNT OF T,E\'Y O'@@ LNL)QT
AS PROVID,7D F'OR TN' SFC-TI@OiT 5@8-512.1 Or TH-L,, c()I)E or i A (395,'@)), AS
,____-V RGTNL
,*IF@TDED.
Thcre shall be levied and collecte@l for Feneral I)url,oser, for fis@cl
year 1978 taxes on all Public Service Real Property, %,,hich has not bee,,
equalized as provi.ded for iii @'c-ction 58-512.1,of the Code of Virginj,a
(1950), as amended, on facii oT,(, li,iiidrcd ec,lllrs ($100) Of nSFe';sed
valuation tliereof based oii tli(, fnllotqing rales in accordailce with
Section 58-514.2 of the Code of Vir,,,inia (1.950), as amerided:
General Si- Borougli Mosquito Total R,,3,-e
Borough Covei,iirciit ',chocll Dc@f)t Co-itrol l@7P,
Bayside $ .03 $ .05
Blackwat@c,r 2.1,0 .03 - 2.1"
Rempi@vilic! 2.10 .03 @.05 2.i,s
L)mnlik,@vcn 2.10 .03 .05
Princoss Anne 2.10 .03 - 2.13
Pungo 2.10 .1)3 - 2.13
Virgiiiia Beacli 2.10 - .05 2.11,
Tlie re,,il @,@opf@ri:y tax rates iTt tli@,.@ S,--ctioii @,,hal.1 b,@ @Tplied
on the basis of forty percentlj, ci fai.r viirket v@iluE-, of sucli rc@il
S(,cti on 3, l@'017,IT OY,, T,T-@VY 011' 1101@l,l!-, TON C. 1,7
AND rA('TT,TTTIS" AS
'nie.re sliell le I.c@vied aT@@l CCI I I for p,(@np-ril c @.i 1
year 1978 tax,!s on il.1 re@il esL@,tc@ ccrtifiecl by tlie of
Vi.ri,inia as "@)olliiticn Control T.qtii@,TIIIL P'ld n@t (,Xell,@I)t
from taxation, on e,,ich onc, Iiiiii(ired ($100) of
tliereof, 1),isel on tli,@ f-,,IlowiliF@
3 1
Ceneral Six Borough Mosquito Total l@ate
Borough Covernment School Debt Control FY 1978
Bayside $ .84 $ .01 $ .02 $ .87
Blacla,Tater .84 .01 - .85
Kempsville .84 .01 .02 .87
Lynnhaven .84 .01 .02 .87
Princess Anne .84 .01 - .85
Princess Anne Ilosquito .84 .01 .02 .87
Pungo .84 .01 - .85
Pungo Mosquito .84 .01 .02 .87
Virginia Beach .84 .02 .86
The real property tax rates imposed in this section shall be appl4-ed
on the basis of one huiidred percenttwi of fair market value of such real
property.
@ection 4. CONSTITUTIONALII@.
That if any part or p.,irts, sectic)n or sections, sentences, clause or
phrase of tliis Ordiiianc(@ is for any rctasoii declared to I)e unconstitutloral
or invalid, such decision shall not affect tlie validity of tlie remaiyiirt.,.,
portion of this Ordilialice.
Section 5. DATE:
This Ordinance shall be iii effect@ from and after the date of its
adoption.
First Reading: May 9, 1977
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the clay of 1977
ITEM #10783
On motion by Councilman Riggs, seconded by Councilman McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Croinwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne, and Vice Mayor Patrick L. Standing
City Council voted to approve on first reading the following ordinance
establishing the tax levy on personal property and machinery and tools
for the calendar year 1978:
AN OltDll;,VICI'. FS'I'I%BLISIII',G 'rile TAX 1,EVY ON
Pi"I,I;ONAL Pl@OPi:!,'J-)f AliD I-IA@'i".NERY TOOLS
CALI]@,i)lj@ YUS 1978.
BE IT ORDAINI@1) BY TIIE COIZZCIL 01@ ')'IIE CITY 01@' VIRGINIA BEACII,
VIRGINIA:
Sc,.ction I.. OF l@VY O@@q TAII(@I.Bl-.I', PET)@SOZIAL PROPERTY.
Tliere shall be levicd an.d collccted for general purposes for the
1978 calendar year taxes on al.1 tangible personal property, not excinpt
froni taxation and not othervise provided for in this Ordinance, at the
rate of six dollars ($6) oii each one huiidred dollars ($100) of assessed
valtiation thereof. Tlic rate. iiiposed I)y tliis sectioil sliall be applied on
the basis of 45% of tl,e fal.r iiiarlcr-,t valu(, of such l,ersonal property.
S(,eti.oii 2. A@IO(JNT OF Ijil,@,Y ON VFIIT(;T,I"S CI,ASSIFIFT) AS Pr@1,0'@,TAT,
PROPE:RTY IISED As Tio"ri.T, ito,
,Ii:s ol, oi@l,-,-c,,
'lliere sl,,all b(.! lctvie-(l ar)d col.lect(-@cl for gencral I)urposes fcjr the
calciidar year 1978 taxes oii @ill vehicl.(,.:; @,-'@tliout ii,)tor powcr as defined
in Sectioii 36-71 of tlie Code of VirgilliF,, (1950), iis aT@icinded, usl@d or
designated to be iis@d as mobilc lionies or officc,@, or for other of
habitatio-,i by any person, on each one liuii,.ircd dollars (,@,100) of assess(,@d
valuation tlicreof, 1),lhod on the tay- rates:
B2Lo@, 1 i ---Toi:al. R.,,tct 1978
Bayside $ .87
Blacl@ater .85
Kempsville .87
Lynnhaven .87
Princess Atine .85
Princ-.ess Antic llosquito .87
Pungo
Pungo Mosquito .87
Virginia Beach .86
33
Tli(, pctrsonal- pr(,n(@rty raten !,za prescril)ed in this ;E@ci:ioii
sli@'ill I)e qpl,lied on ti@e b,,si.s o@ oiie Iiiinclre.(l percentuii of the fair nL-IrIcet
value of st,,cll persoiial. property.
Sectiun 3. or I.E\7y c,, @,, Al@T, IIOA:@S 011@ 14tTE.RC-PAFT UNDER FIVL
TO@IS BITII,]']]FN USED 0,@
There sliall be lev@led aiid collected for the calendar year 1978 for
geiieral purposes taxc,-, on all bocz.ts or watcrcrift under fi.ve tonb- I)urthen
usc@d for business or pleasure, at LI)e rate of v,!-x dolliirs ($6) on ('.acli
one flundrecl dollars (@100) of a:3@-(@.,S@-d valu@l.,tion thereof. The rate
imposed by tliis s@,tion sliall bc, on of forty-five percentur@i
of thc-- fair it@ari@c@t vali@c of sucli pi.-oj,c ty.
,Sectioii 4. 1,TIOU,,,@T O@r,, 1,T,,:VY O@' ('@ONTI@,01,
CI,AS"IFi@'-,) AS' l@, @inl;,"l, 111@op@
TTv.
Viere sliall be levipd ancl c(,Il,@cLLd for LI)e calciidar year 1978 for
g(-,aeral ptirposes taxes c)ii all p(!r.@;oiial property certifi.ecl 13y
the Cont@nonwe;-,!.th of Virginia as "Pol.Iiition Coiit):il. Equip-,@,('.i)t and F@icilivic@s"
not cxc,-,ript: froiii tay,,)tioi, at the of six c,(,],Iarb ($6) on Cqch olle
litmdred ($100) of @sc@ss(,.d valuatinii ttiereof, Tlie- ratc imposed by tl-ii,;
secti.on shall be applied on the basis of 45% olr thc fair market valii(@ of
such personal property.
SecLioit 5. A@IOIINT OF l,li@'VY ON A-RID TOOT,S.
There sliall be le@ied and collectcd for tlie,, calenclar yc-ar 1978 @@or
general purlc,ses taxes on machinery and tools, not exempt from taxatioi,
at tlie rate of one dollar ($l) on each one hundred dollars ($100) of
assessed valuation thereof. The tax irip(,sed by tlii,,; section shall bc,-
applied on tl,,@ ba,,;iS of "I@/, )i (Ilc, 4 -lir of
A@i
and tools.
;,,In o@.
@@cd Lo
[Ill." c,
First Reading: May 9, 1977
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1977.
ITEM #10784
On motion by Councilman Waterfield, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. I-Ienry McCoy,
Jr., Councilwoman @,leyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L.
Standing
City Council voted to approve the following ordinance to amend and
reordain Section 22-150.1 of the Code of the City of Virginia Beach:
Requested by: Mayor Clarence A. Holland
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 22-150.1 OF THE CODE OF THE
CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
It shall be unlawful for a non-handicapped operator of a motor vehicle
to park in a parking space reserved for the handicapped.
The non-handicapped operator of a motor vehicle parked in a parking
space reserved for the handicapped at privately owned shopping centers and
business offices may be issued a summons without the necessity of a warrant
being obtained by the owner of such property.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach on the- 9th
day of May , 1977.
Note: For state law authorizing localities to regulate handicapped
parking on private property see Code of Virginia 46:1-184:1
ITEti #10785
On motion by Councilman Ferrell, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L.
Standing
City Council voted to approve the following tax refunds in the
amount of $126.75:
f 7
0
'V 1 P,'; @',l I ABL@ACH, VIRCII;TA:
BE IT T@y I-iT o[r@ C, I'@,l CTT'
for tax iil)ot, C@-rLificat:iol-I of th(,,
Trea@-urer azc-- bc-r(@ly
Totaling, $
@l? -,'l C @j DATI,
TIO'I -PATI@ -31-ENA--,'@. It,qT.-.,--'f.OTAI,
tc)ll R. 1- 11 -77 7.50
1,9 7 1. 9 1 -'-'I --77 7.50
ic,, 1)@ Ic@'77 1 1.50 ).-/4 -7 7 7,50
3,97 7 CD 51,)91.2
I - 21 -7 7 7@50
B. ]--?4-77 7.50
tii C, Pc@vic i-977 CT) 7 1-1 0 -7 7 7.-',O
S. @,ovi@- 1"77 2 8 28 -7 7 7,50
y A. Rol)erts 1- 77 1-10-77 7.50
stoii Cal-,Za\qa)7 1977 G]) 601[89 @-9-77 7.50
ve C. Koi,la 1977 ('I) l@3.123 1- -4-7 7 7.50
hard L. B--Icher 1977 CID 6(@11179 4-19-77 15.11,10
d S. liebb 1-977 (,T)TI, 'i ')'-! 8 0 7 1.-13-77 75
ces Flo-cist 1977 Cl) 314757 ]--24-77 20.00
ald R. Craicg l@,77 C') 47309 j-18-77 7.50
ii F. Womble 1977 ci) 49631 l@.@1-9-77 7.50
The above abatement(s) totaling c
$1 9-@i , v7ere approvcd by
the Council of the C@@Ly of Virginii
Beach oii the PLI1 diy OF
Treastirer
Approved as,,to form:
Ricliard J. W 011, Cill'y
Dale )@iirson, City Attoriiey
On motion by Councilman Griffin, seconded by Councilman @AcCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCOY,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L.
Standing
City Council approved the following standard water/sewer agreements:
Green Hill Farms, Section 2
(Lynnhaven Borough) Water/Sewer
Watergate Apartments, Phase
Two (Lynnhaven Borough) Water/Sewer
ITEM @-10787
On motion by Councilman Ferrell, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L.
Standing
City Council approved the following applications for Certificates of
Public Convenience:
Currently Approved,
an Authorized
Bayside Cab Company 1.7 cars 12 cars
Beach Cab Company 20 cars 8 cars
Coastal Cab Company 12 cars 8 cars
ITEM #10788
On motion by Councilman McCoy, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L.
Standing
City Council approved the following Bingo/Raffle permits:
Arrowhead Recreation Association
(Renewal)
Louise Luxford Elementary School
Plaza Little League
(Renewal)
ITEM #10789
Mrs. Niegro appeared before Council in opposition to the request
Of Mr. Charles R. Hofheirner for permission to lease land at Mount
Trashmore for the purpose of constructing a major skateboard park.
Mrs. Niegro stated that there was ample rental property in this
City for recreational purposes, and leasing Mount Trashmore for
private enterprise would be opening a "pandora's box."
ITEM #10790
Councilman Riggs introduced Mr. Strickland who wished to address
Council regarding the parking on Atlantic Avenue.
Mr. Riggs stated that it put a hardship on the Motel-Hotel owners
trying to find parking spaces for their patrons.
Mr. Strickland stated the Motel-Hotel owners were trying to avoid
a situation that will be coming up on Memoral Day - all those cars
and no place to park.
The City Manager stated it was not the intention of the City to cause
anyone any hardship. The intention was to keep Atlantic and Pacific
Avenues as clean as possible, and if it is the wishes of the merchants
along Atlantic Avenue not to have the parking eliminated for cleanup
purposes and if they wish to clean it up themselves there will be no
objection from the City.
The City Manager further stated that possibly the City could work
with those property owners who are having the most problem with
the parking and if they indicate they will keep the street clean
themselves, then the City will eliminate it.
ITEM #10791
On motion by Councilman McCoy, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen J. Curtis Payne, and Vice Mayor Patrick L.
Standing
City Council voted to appoint Mr. Rhys Kear to the Tidewater
Transportation District Commission to succeed Mr. George E. Tinnes
as an Alternate.
ITEM #10792
Councilman Riggs stated that after hearing Doctor Neil Frank speak
on hurricane protection, he would like Council to set up a special
committee to study this matter further.
Mayor Holland stated that Delegate Bernard Barrow made mention of
possibly having a group made up of legislators, developers, City
planners and citizens of this City to study this problem.
ITEM #10793
On motion by Councilman Ferrell, seconded by Councilman Griffin,
and by acclamation, the meeting adjourned.
erk
City of Virginia Beach,
Virginia
May 9, 1977