JUNE 14, 1976 MINUTES
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MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
June 14, 1976
The regular meeting of the Council of the City öf Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, in the Borough of Princess Anne, on Monday, June 14, 1976,
at 2:00 p.m.
The invocation was given by the Reverend Father Joseph Torretto,
Saint Nicholas Catholic Church, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Robert B. Cromwell, Jr., Vice
Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin,
Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Councilmen absent:
Robert H. Callis, Jr.
ITEM #9713
On motion by Vice Mayor Ferrell, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council adopted the following resolution, and presented same
to Mr. J. Roy Alphin, Chairman of the Virginia Beach Bicentennial
Commission, designating June 14, 1976 through July 4, 1976 as
"Twenty-one Day Flag Salute."
Mr. Alphin presented to Council the Official Flag of the Bicentennial
Commission.
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RES 0 L UTI 0 N
WHEREAS, a Congressional Resolution has established
a 21 day period for Americans to pay special tribute to the
Nat:Î:°n'$ Flag; and
WHEREAS, the Flag of the United States was adopted
by Continental Congress on June 14,1777 as a reœinder of our
Country's desi~e for freedom. purity of purpose, a symbol of
bravery of our sons and forefathers, and need for eternal
vigilance to preserve democracy; and
WHEREAS, communities throughout the co~try wi~l
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culminate this 2l-day tribute with periods of refJ.ectiofl.
religiou$ services, and ceremonies focusing an the country's
history, its freedoms and its future.
NOW, THEREFORE, BE IT RESOLVED, that ¡. J. Curtis
Payne, Mayor of the City ~f Virginia Beach, Virginia~ and
the Members of the City Council of the City of Virginia Beach,
Virginia, join with Congr~ss in recognizing the American Flag
as symbol of our democracy, and hereby designate the period
from Flag Day, June 14, 1976, through Independence Day,
July 4, 1976, as:
"21 Day Flag Salute"
in Virginia Beach, in honor of the Bicentennial year of our
Independence and we encourage all citizens to continuously
,
display their American Flag and the Bicentennial Flag in
Virginia Beach during this period to reemphasize the patriotism
of our forefathers and renew the faith and support of our
great country.
J. Curtis Payne
Mayor
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ITEM #9714
On motion by Councilman Griffin, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
City Council adopted a resolution, and presented same to The Reverend
S. T. Strickland, President of the Virginia Beach Ministerial Association,
proclaiming the Interfaith ßicentennial Service, to be held on July 4,
1976, q,.?i> the Offic ial Re lig 101.)5 Celebration for the City of Virginia
Beacb~ '.
ITEM #9715
On motiori by Councilman Baum, seconded by Councilman Cromwell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council approved the minutes of the regular meeting of June 7,
1976, and dispensed with the reading of said minutes inasmuch as
each Councilman had a copy of the subject minutes before him.
ITEM #9716
On motion by Councilman Waterfield, seconded by Councilman Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council voted to approve on second reading an appropriation
of $3,515 (the difference between the estimated budget expenditures
and anticipated income) for a contribution for the Big Sisters of
Tidewater Association, Incorporated.
ITEM #9717
On motion by Councilman Standing, seconded by Councilman Griffin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert II. Callis, Jr.
Ci t Y Co U n c i 1 vat e d to :1 p pro v (' 0 n 5 e can d l' e ad in g $]() 5 , () () 0 0 f Co III pre 11 C !l S iv\..'
Employment and Training Act funds currently allocated to the City through
.C)TAMA he allocated $150,()()() under Title I and $15,000 to used for recre:!!l.'
support; and further increased estimated rcvenu:~ :,nd :lppropri:ltions hy
$16~,n(ìO.
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ITEM #9718
On motion by Councilman McCoy, seconded by Councilman Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council approved on second reading authorization to the City
Manager to execute an agreement between the City of Virginia Beach
and The Rock Church to provide for the construction of a sewerage
pumping station to be used for the Church.
Funds will be made available through Small' Projects category of 51%
type sewer in the amount of $5,138. Rock Church will participate
in the amount of $7,251, making a net cost of $12,359 to be expended
for the pro j ec t.
ITEM #9719
The following bids were received for Contract I for sanitary sewerage
facilities at Birdneck Point:
A. G. Proctor Company, Incorporated
$469,930.98
527,828.60
M. E. Wilkins, Incorporated
A & W Contractors, Incorporated
543.343.87
D.J.W. Construction Company, Incorporated
560,178.00
582,470.50
John H. Malbon Contractors Company, Inc.
Roanoke Construction Company, Incorporated
587,998.00
725,061.00
Vico Construction Corporation
(Engineer's Estimate - $572,000)
On motion by Councilman Gardner, seconded by Councilman Griffin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council approved on second reading the second low bid of
M. E. Wilkins, Incorporated, in the amount of $527,930.98, for
Contract I, sanitary sewerage facilities in Birdneck Point.
ITEM #9720
The following bids were received for Contract II for sanitary sewerage
facilities at Birdneck Point:
A. G. Proctor Company, Incorporated
$365,805.68
472,962.50
D.J.W. Construction Company, Incorporated
I Roanoke Constroction Co~pany. Incorporated
M. E. Wilkins, Incorporated
479,710.50
496,063.75
Basic Construction Company
536,499.80
Vico Construction Corporation
551,439.59
675,452.40
A & W Contractors, Incorporated
(Engineer's Estimate - $444,000)
On motion by Councilman Griffin, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
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City Council approved on second reading the second low bid of
D.J.W. Construction Company, Incorporated, in the amount of $472,962.50,
for Contract II, sanitary sewerage facilities in Birdneck Point.
ITEM #9721
On motion by Vice Mayor Ferrell, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice
Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin,
Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
,Councilman Robert H. Callis, Jr.
City Council approved on second reading the low bid of John H.
Malbon Contracting Company, Incorporated, in the amount of $27,950.00
for construction of the remaining portion of the storm drainage outfall
at the Municipal Center; and further authorized the City Manager to
execute the necessary documents for implementation of this project.
Funds are available.
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ITEM #9722
The following bids were received for Contract I - Water Facilities -
Small Projects 1976:
D.J.W. Construction Company, Incorporated
$ 78,117.50
Vico Construction Corporation
96,310.00
100,645.00
P. C. Jolliff Company
A & W Contractors, Incorporated
C. L. Pincus, Jr., and Company
107,725.00
114,200.00
(Engineer's Estimate - $86,275.00)
On motion by Councilman Griffin, seconded ~y Councilman Standing,
and by recorded vote as follows: .
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council approved on second reading the low bid of D.J.W. Construction
Company, Incorporated, in the amount of $78,117.50, for Contract I - Water
Facilities: .
ITEM #9723
The following bids were received for Contract II - Sewer Facilities -
Small Projects 1976:
P. C. Jolliff Company
$120,077.50
121,125.00
C. L. Pincus, Jr., and Company
Vico Construction Corporation
138,135.00
144,305.00
D.J.W. Construction Company, Incorporated
(Engineer's Estimate - $114,550.00)
On motion by Councilman Standing, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council approved on second reading the low bid of P. C. Jolliff
Company, in the amount of $120,077.50, for Contract II - Sewer Facilities -
Small Projects 1976.
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ITEM #9724
Petition of Ed1JJard v. Flanagan for a Change qL Zonin(! District, CZc:'-Bsificatio,,!
from R-6 Residential District to R-8 Rf?side"ttial. District on c~â:in zn'Ope~ty
Zocated on the South side of 24th Stree't beginning at: a point 440 feet East
of Barberton Drive running a distance of 27,5 feet along the South side of
24th Street, running a distance of l26.02 feet along the Eastern property
line, running a distance of 230.98 feet along the Southern property line
and running a distance of l25 feet along the Western property line. ,Said
parcel is known as Lots l7 through 22, Block lO, Woodland, and conta~ns
.64 acre. LYNNHAVÈN BOROUGH. (Modified from A-l District to R-8 District.)
Planning commission Recommendation:
A motion ~as pass~d unanimously by the Planning Commission by a ~ecorded vote
of l2 ,to approve this request.
For the information of the applicant, prior to the issunace of a building per-
mit~ the f~llowing ~ill be required by the administrative staff:
l. St~d sit~ improvements as required by the Site Plan Ordinance.
2. City ~tel' and 8e~el'. ' '
ð. " A. <~O feot, draiYl(l.ge easement ~i n l(e, r~ç¡'«.ired alonfJ thti eastel'7't; p~operty line.
Mr. Edward V. Jl1anagan appeared on ',this petition ;" '" "
On motion by Councilman Gardner, seconded by Councilman MçCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman Robert H. Callis, Jr.
City Council voted to defer for one week the above petition of
Edward V. Flanagan for a Change of Zoning District Classification
from R-6 Residential District to R-8 Residential District on certain
property located on the South side of 24th Street beginning at a point
440 feet East of Barberton Drive running a distance of 215 feet along
the South side of 24th Street, running a distance of 126.02 feet along
the Eastern property line, running a distance of 230.98 feet along the
Southern property line and running a distance of 125 feet along the
Western property line. Said parcel is known as Lots 17 through 22,
Block 10, ,Woodland, and contains .64 acre. Lynnhaven Borough. (Modified
from A-I Apartment District to R-8 Residential District).
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ITEM #9725
The City Clerk read the following letter from Mr. George L. Hanbury,
City Manager:
Gentlemen:
The Virginia Beach Development Authority has sUbmitted two
applications for changes in zoning from Office to Community Business
Districts on the west side of Old South Lynnhaven Road, north of
Lynnhaven Parkway. Both parcels are under the control of the Virginia
Beach Development Authority. One parcel contains 49.290 acres
(Princess Anne and Lynnhaven Boroughs), and the other contains
98.606 acres (Princess Anne Borough).
The Virginia Beach Development Authority has requested a
deferral until June 21; however, if city Council does not wish to
honor this request, the following facts should be considered:
1.
The city Planning Commission recommended denial of
the two applications.
2.
The Department of Economic Development recommended approval.
3.
The Virginia Beach Development Authority recommended
approval.
4.
The Planning Department recommended approval.
My recommendation is that City Council support the recommendation
of the City staff and the Development Authority.
As Council is aware, when on Mar(~ 30, I submitted the recom-
mendations for the 1976-77 fiscal year operating budget, I indicated
that if we do not find additional sources of revenue diversifying
our tax base, then surely the real estate tax will be increased in
order to meet the ever growing demand of services and facilities by
the citizens of this city. Such diversification is going to require
innovative thought from not only the Council and the administrative
staff, but from the citizens of this city as well.
The Development Authority is a group of lay citizens appointed
by City Council to help guide this economic diversity and has used
such innovative thought. The present proposal before Council
recommends that office zoned property, not industrial, be changed to
commercial properties. The Master Plan of the 1000 acres for the
Park included 150 acres of office, 50 acres of commercial, and the
remaining comprising light and heavy industrial.
The concept has always been to have a balanced multi-faceted
development aesthetically pleasing and economically advantageous to
the citizens of this city. The development of a regioqal shopping
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mall on this site would increase tax revenues by approximately
$1.5 million a year. There would be approximately 2100 full time
employees at an estimated annual payroll of $13 million a year.
I have al",'ays referred to the six industries in Virginia Beach
as agriculture, tourism, military, construction, manufacturing and
warehousing, and retail and wholesale sales. The compilation of
these "industries" has enabled Virginia Beach to have an economically
sound diversity which was responsible for the acquisition of an
improved bond rating from A to Aa. The continuation of this
diversification is essential.
Duri~g the Planning Commission hearing, it was discussed as to
the proximity of this location to th~ Oceana Naval Air Station.
Attached is a plat outlining the accident potential zones and crash
sites. As indicated on the plat, the proposed Lynnhaven Mall is
outside of this zone. There are, however, o.ther facilities that are
in the accident potential zone, such as the London Bridge ~hopping
Center, the White Heron Motel, Seatack Elementary School, and
residential developments such as Cheltanham, Scarborough Square,
Lamplight Manor, Point of Woods, Deerwood Trace, Chanticleer, and
many others, as well as Hê-.PPY.R~_~çþqQ]. and ~ink~<?_£.~- PE!!~ School.
. Lynnhaven Mall would be in the noise zones that have
established by the Navy. The developers of the site have
have a "truth in leasing" cl~use incorporated into tenant
and noise abatement features included, both of which were
by NAS Oceana.
been
agreed to
leases
requested
Attached are the Planning Department1s findings indicating that
water and sewer utilities are available and that municipal
services are adequate, and that requirements placed upon the
Development Authority and the developer will alleviate potential
traffic problems created by the construction of a regional mall.
Therefore, it is recommended that City Council approve the recom-
mendation of the Virginia Beach Development Authority, the Planning
Department and the Economic Development Department subject to the
following requirements:
1.
Storm drainage is
north of the site
drainage system.
requirements must
to be directed to the existing canal
or Canal #2 via an adequately-sized
In addition, the following minimum
be met:
--provision of an on-site stormwater retention pond
system or a rooftop retention system designed to
accomodate runoff volumes generated by a ten-year
design storm. A combination of these two
al ternatives may' be used to effectuate the same
results.
--Use of vegetative cover on land areas not used for
parking or circulation.
--Provision of adequate refuse receptacles in parking
and pedestrian areas.
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--provision of an on-site parking lot and street
sweeping program to be operated by the
developers/owners.
2.
Standard improvements as required by the Site Plan
Ordinance.
3.
Traffic signalization as required by the Deprtment
of Community Services.
4.
Two lanes from the terminus of the present four-lane
divided highway to the end of this application.
Such a requirement would provide a fou~-¡ane divided
highway from the Toll Road to the site on Lynnhaven Parkway.
5.
Full ~ight-of-way improvements along the frontage
of South Lynnhaven Road.
6.
Right and left turn lanes at entrances to be determined
by the City staff.
7.
Fully improved int~rsection of Oceana Parkway adjacent
to the main entrance.
8.
A 4-foot high landscaped berm with a 3:1 slope along
the frontage of South Lynnhaven Road with adequate sight
triangles at entrances and all lighting to be shielded
from adjacent residential areas.
9.
Water and sewer as approved by City staff.
10. In addition, it is expected that tþe developers will
,b~ve an engineering con$~~tant wo~~ with the City staff
tQfinalize traffic and drainage ~tudie$.
,----_"_"e____~"'""",""",--",,, ,',', ," ,---c~~ " "",",. ~..L._~,"... ',' "... ,h.,e"
The following persons appeared in favor of the above petitions:
Mr. Alfred Craft
Mr. Charles Schaffer
Mr. Grover C. Wright, Jr.
Mrs. Vivian Hitchcock
Mrs. Kitty Hudgins
Mr. Eugene Walters
The following persons appeared in opposition to the above petition:
Mr. Jack 'Koeneman
Mr. Ron Huntress
Ms. Carolyn Rockefellow
Mr. Bennett
Mr. H. Calvin Spain
Mr. Roger Smith
Mr. Suddle
Mr. Levy
Vice Mayor Ferrell made a motion» seconded by Councilman Griffin,
to defer until July 12, 1976 the above petition ef Virginia Beach
Development Authority for a Change of Zoning District C1as~lfication
from 0-1 Office District to B-2 Community-Business District. The
recorded vote is as follows:
Ayes:
Councilman Vice Mayor Ferrell
Nays: Councilmen John A. HaU:íl» Charles W. Gardner, John R. Griffin,
Clarence A. Holland» J. Henry McCoy, Jr., Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd 1:. Waterfield, Jr.
Abc~tain:
Councilman Robert B. Cromwell, Jr.
Absent:
Counc; ~man Robert I\. (,;:llis, Jr.
The ;Jhovc JIle't-if'" If' defer lInti ¡¡lIly 12, 1976 the above pctition
of Virginia :),1:'1", l)cvclopillent Authority for a Chaj)ge oj Zoni:1g
Distl'íct C'1;le ',' ,(';It Jun ¡-rum 0-1 Office Di,;trict to ;\ .' :c:nmunity-
Busir:' -; 1);,;11 ¡, í,;¡ ¡,'st.
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Petition 0" t; '~ ty of Vil'g:
Zoning Dil?.::C~' ,.:",~:~!ssìíic~ '
Business :,)i~,c,:"i t Ot! ce~t..;-
~í the inte l'se c ti"'r' ')1 Old ,~
:'t'unning a diF~ac':: ,)f 2061
:running a dis'.an-:e of 2371
a. distance of 2251. 36 feet -
ing a distance -.,i 1':5°.02 1:,
contains ge.6OE -'c:!"eF.. 'e
ANNE BOR')TTGP
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..
,- r...v r pm,en" "..Lt"'.!J ',y ff:". a Chanp;e of
'- ,Jf£ice D: , ~~-? Community
..t~ t'egipning )4:'3.21 feet North
:l.hé':c:n, Road ::', ,. "'1 P"?'\rk.vl..ay
"'. >f', N .h,- .c "ist sid€'f Cj'~ou':- ,..ynnhaven Road
"..ong t-ne Nortr.::. T' '.,"""-r:~r" '-~ne, runn¡ng
Ì.Ve~:it 51Je of J,"",",ven'- arkway and tW"."'-
- : the So'Ithern p""",. r:y 7,1""" Said pa:r(;e1
" . -:Test Industrial)al',' A-re::>}. PRINCESS
or
Plan':1ing COmIr.\:, s ;)!"" R<=>. ')--~nel1¿ation:
A motion was pZ'."'sed by the Planning Commission by a rec'Yied vote of 11 f:,r
the motion and I against to deny this reque at due tache impact t':-is request
would have on traffic in the area and City systems. It wae ab" felt that due
to the location of this site in close proximity to the ,main run\'< ,:;.y of NAS
Oceana. this would be an accident potel'tial1tone. Tl;1.ere was a,¡,so concern
on the long range effect the intT7J.sion of commercial devf".lopme~t 'Wow.:, h~,..re
on th. bi.~Q~e of the Indust-:-:',dA Park.
,_~-NCLJMANÇ~L,LIS ENTERED \r'E"'TNG AT 3' r\ P.M.
,nr cohsl"d'e-rable discus::, ~'~. Councilmar McCoy,rnade a motion~
~onded by Vice Mayor Ferr~]~. to defer for one week the above
-' c t i tiO:1 of the Vi :ginia J5each'Deve 1 ()pme:~ Author j. ty for a Change
Jf Zoning District Classification from 0-1 Offi~e District to 3-2
~()mmunity Business District, in the Oceana West Industrial Park
~~ea. Princess Anne Borough). The recorded vote is as follows:
es; Councilmen Robert E. Callis, Jr., Vice Mayor Gecrge R.
Ferre~',:;" C>arles W. Gardner, John R. Griffin, Clarence þ,. HoJlanà,
"epry ~çCoy, Jr., Mayor J. Curtis Payne, Patri=k L. Stand~ng:
ar? flo~- ~. Waterfield, Jr.
<2.y-;,
',J"'-llman John A. Baum
.' '-,' 3 t <=I,: ",
:oun.ilman Rober~ E
.3pnt
,\on?
'v Cau, votc¿ to defer
- ~ ð in:.;::; .,~a De- ~ opmen
_kdssi£l.:a';:.- r r -'m ('-1 Oi.
D '-strict-,,;'- .,'êr- <:. ~roper=\
Jf the :~nté-':.:? --, cè Old
runnlng.a i .:a~£ 2061
1aad, runrln; _stance Q
Ltne, run'::~~n5 " .' :>tance c
~uven Pa~k~a) ~, rclining
.'toperty line, Eç~ 'Jarc'é:'
a -rk'-\rea) . PI Li':"C-C, Ann'
Petition of the Ci.tv of -'v'
~Zoning Di,sI;T:,ct::::lass."
Bup~nes D1,>t...':.:t:-rl c<:'
0:: thE'. i~':erse' }O "); '\1..1
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¡'Un111:, ¡', '2. CU.
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ir'
th;': Sit'-
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C1;"JmWe 11, J!'.
.r one week the abr
_',ority for a Chao
: District to B-:
) ~inning at a ~c
J!'>, Lynnhaven R,,: ':
along the Ea":'
. 1.79 feet al~r~
2.):.86 feet alo-g
, ~tance of l459.~~
"-a ins 98.606 ;
;'},f::h.
_COon of th,(
..:..,g Distrc(
~'lsiness
feet ) cr<:-'
.a-lei: ParA\\'
I ~1 r~ y n r '" 2- V p ~
"',""p ;"'TG'~'::'^"--
'0' r>c
,---
'Lde OC '~Y'l"
éL "lg thE Sc~'
J" E'J -:1 aWe s t c.,
--;-'1 #9725 (b)
Ehach Developme'" - '
from 0-1 Off.i,-p
~rty beginning a . '"
, ynnhave n Roaè". :
. ,:l:cong the East .:.
0,9 feet along ~¡.v:
~. along the W-eit
'";' feet along the
{les (Oceana V;(",.
:.r .,,\ "EN BOROqG3~
"1M 1:-, for a Cha1ge
'3 -2 Con:.m',m: "J
";),21fe"'!",~_X"t..
,~n Park'Nay
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-":,rk Are,
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--lis re(J.'Jcz;.
"éa""ndCitysy.ë¡-,,;
c'-- CI, ,~d 'vo
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,The following persons appeared in favor of the above petition:
Mr. Alfred Craft
Mr. Charles Schaffer
Mr. Grover C. Wright, Jr.
Mrs. Vivian Hitchcock
Mrs. Kitty Hudgins
Mr. Eugene Walters
The following appeared in opposition to the above petition:
Mr. Jack Koeneman
Mr. Ron Huntress
Ms. Carolyn Rockefellow
Mr. Bennett .
Mr. H. Calvin Spain
Mr. Roger Smith
Mr. Suddle
Mr. Levy
Vice Mayor Ferrell made a motion, seconded by Councilman Griffin,
to defer until July 12, 1976 the above petition of Virginia Beach
Development Authority for a Change of Zoning District Classification
from 0-1 Office District to B-2 Community-Business District. The
recorded vote is as follows:
Ayes:
Councilman Vice Mayor George R. Ferrell
Nays: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence
A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Abstain:
Councilman Robert B. Cromwell, Jr.'
Absent:
None
The above motion to defer until July 12, 1976 the above petition
of Virginia Beach Development Authority:for a Change of Zoning
District Classification from 0-1 Office District to B-2 Community-
Business District, was lost.
ITEM #9725(c)
After considerable discussion, Councilman McCoy made a motion,
seocnded by Vice Mayor Ferrell, to defer for one week the above
petition of the Virginia Beach Development Authority for a Change
of Zoning District Classification from 0-1 Office District to B-2
Community Business District, in the Oceana West Industrial Park
Area, Princess Anne and Lynnhaven Boroughs. The recorded vote is
as follows:
Ayes: Councilmen Robert H. Callis, Jr., Vice Mayor George R. Ferrell,
Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays:
Councilman John A. Baum
Abstain: . Councilman Robert B. Cromwell, Jr.
Absent:
None
City Council voted to defer for one week the abovd petition of the
Virginia Beach Development Authority for a Change of Zoning District
Classification from 0-1 Office District to B-2 Community-Business
District on certain property beginning at a point 3106-21 feet North
of the intersection of Old South Lynnhaven Road and Lynnhaven Parkway,
running a distance of 914.48 feet along the East side of Old South
Lynnhaven Road, running a distance of 2653.89 feet along the Northern
property line, running a distance of 864.09 feet along the West side of
Lynnhaven Parkway and running a distance of 2371.79 feet along the
Southern property line. Said parcel contains 49.290 acres. (Oceana
West Industrial Park Area). Princess Anne and Lynnhaven Horoughs.
In order that the previous items, #9725(a)(b) (c) be intelligible to
persons not familiar with th~ locale, it is noted that the areas
proposed to be rezoned for the purpose of constructing a large public
mall, to be occupied chiefly by retail sales organizations, comprise a
total of about 147.896 acres in the approximate center of the City of
Virginia Beach, readily available by roads and serviced by City facilities.
IThe property is part of the property assem. bled by the Virginia Beach
Development Authority and managed by the Department of Economic
Development. The original zoning permitted 0-1 Office use, and it
is proposed to rezone the property to B-2 Community-Business to permit
business-retail store construction.
Objections have been submitted by persons concerned with public safety,
particularly, to large assemblies of persons in such close proximity to
one of the largest air bases. In addition, many persons are concerned
regarding the economic ability of the community to support additional
shopping centers until the population density and available spendable
income increases sufficiently to support on a profitable basis another
shopping center.
Persons supporting the proposed rezoning have indicated the necessity
of expanding the tax base to prevent an undue increase in real estate
and personal property taxes.
In order to give the application for rezoning proper consideration
in view of the depth of the problems involved, City Council deferred
decision on the matter for one week.
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ITEM_fr972S(d)
Docto~ E. E. Brickell, Superintendent of Schools, appeared before
CouncIl requesting that the Virginia Beach School Board be permitted
to purchase the GEX property on the corner of Witchduck Road and
Virgini~ Beach Boulevard. This is comprised of approximately 10 1/2
~cres wIth 150,000 square feet of building facility. This is needed
In order to construct a vocational training center for handicapped
persons, and will include a food services warehouse.
'. ... -- '..
Doctor Brickell further stated that he would appear before Council
on June 21, 1976 to explain this proposal further.
Councilman Cromwell requested that the news media be given a copy
of the study for publication to inform the citizens of Virginia
Beach of the proposed request.
ITEM #9726
On motion by Councilman McCoy, seconded by Vice Mayor Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
None
City Council voted to defer one week the approval of the low bid of
Brown Steel Contractors, Incorporated, in the amount of $845,000.00
for construction of two water tanks and pumping stations in the Kempsville
and Bayside Borough of the City.
ITEM #9727
COUNCILMAN MCCOY LEFT COUNCIL CHAMBERS
petition of' Bruce B. Milts and Louise Hankins for' a Change £f.. Zoning District
Classification from A-l Apartment District to O-Z Office' District on certain
property .located at the Northeast intersection of Rosemont Road and Bancroft
Road (formerly 28th Street), running a distance of zoo feet along the East side
of Rosemont Road, running a distance of lso feet along the Northern property
line, running a distance of lOO feet along the Eastel~ property line, and run-
ning a distance of l25 feet along the North side of Bancroft Road. Said parcel
is known as Lots Z-4, 23 and 24, Block 4l, Plat of Pecan Gardens. Plats ~ith
more detailed information are available in the Department of Planning. (Pecan
Gardens Area). PRINCESS ANNE BOROUGH.
Planning ,Commission Recommendation:
A motion ~as passed unanimously by the Planning co~ission by a recorded vote of
Z2 to approve this request.
For the infomation of the applicant; pri()r to the issuance of a building permit,
the foZZo1JJing ~ill be required by theJ.dm-Z:nistrativt~ staff:
Z.
2.
3.
Standard site improvements as required by the Site Plan Ordinance.
ci ty ~ater and 8e~er.
An adequately sized m'ainage easement and sufficient storm drainage facilities
will be required along the northeY?ì pl'operty line.
Mr. Bruce B. Mills, Attorney, represented the petitioners
On motion by Vice Mayor Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne, Patrick
L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
I Absent: Connci lman J. Henry McCoy. Jr.
City Council approved the following ordinance upon petition
B. Mills and Louise Hankins for a Change of Zoning District
from A-I Apartment District to 0-1 Office District:
of Bruce
Classification
ORDINANCE UPON PETITION OF BRUCE B.
MILLS AND LOUISE HANKINS FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
A-I Apartment District TO 0-1 Office
District
Z0676l7l
Be it ordained by the Council of the City of Virginia Beach, Virginia, that:
Petition of Bruce B. Mills and Louise Hankins for a Change of Zoning
District Classification from A-I Apartment District to 0-1 Office
District on certain property located at the Northeast intersection of
Rosemont Road and Bancroft Road (formerly 28th Street), running a dis-
tance of 100 feet along the East side of Rosemont Road, running a dis-
tance of 150 feet along the Northern property line, running a distance
of 100 feet along the Eastern property line, running a distance of 125
feet along the North side of Bancroft Road. Said parcel is known as
Lots 1-4, 23 and 24, Block 41, Plat of Pecan Gardens. Plats with more
I detailed information are available. in the Department of Planning. (Pecan
Gardens Area). Princess Anne 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.
3.
An adequately sized drainage easement and sufficient storm
drainage facilities will be required along the northern
property line.
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ITEM #9728
Petition of Paula L. Collins for a Ch~~£~~ Zuning Di?tric~ Classification
from A-l Apartment: Dis-trict to O-,l Office District on cer>tcHn property located
at the Southeast intepsection of Rosemont Road and Bancpoft Road (formerly 28th
Street)" running 0; distance ()f 22.5 feet alonq the East $~':ie of Rosemont Ro~d"
running a d-i.stanc;e of 200 fee t aZong ir." Suth ,en'de of ¡;,meY'cft .r~)ad"runm~g
a distance of 88 feet mOl'e 01' Ze'c (ÛC?:] th~ F:1.S L~Y"'. ['i'éi[ Y'tu hr¡e and rurfn1-ng
a distance of 200 feet more or ¿CBS along t;heSou/;ÎlCy>n pp'p,-n.-.ty 7in.e. Sa1.-d par-
cel is kno1;)n as Lots 23-26" 52 arid 53, SZoek Z 1~ ?Zct of F'e¡;an Crardt:.nE. . Plats
üJith more detailed information ape a7)a'Zlableif1, the [)¿")(:,pvnent 'Jf Plam¡¡.ng.
(Pecan Gardens Area). PRINCESS ANNE BOROUGH.
PLanning CommisD1,nn RceormTlen ,-:'1:-'n:
A motlo1". was pOJ3Dec1 unar..irr;07A.fJ
oj' 2-2 to approve tJ!7:.r, Y'eques f '
,,~ti:, PZ,iJ,,¡:,'
; ,"':; YJ1'ded pote
For the -ínformaiÙm of the L..:;v-t.~'al:t, priol' t. 1',- ,(I',~ r iuildÙzg pe:r-
mit" the foEouirz] uÚl bf? l'~:';;7,ú-f'ed by The Gdrti' ,'Lh'" ,:' '. ,C'7~f '
Z-
2,
Stêmdard s'Cb' Ù{"uvcm':;r:tD os reqi:1 ¡¡ed by :;"
City ¡Jot,')' (...;,::1 ;; ¡,i(-'r'.
¡, "
";' ). '; '- i"'., ~'_.' .
On motion by Councilman Waterfield, seconded by Councilman Griffin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baurn, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent: Councilman J. Henry McCoy, Jr.
ICity Council approved the following ordinance upon petition of
L. Collins for a Change of Zoning District Classification from
Apartment District to 0-1 Office District:
Paula
A-I
ORDINANCE UPON PETITION OF PAULA L.
COLLINS FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM A-I
Apartment District TO 0-1 Office
District
Z0676172
Be it ordained by the Council of the City of Virginia Beach, Virginia, that:
Petition of Paula L. Collins for a Change of Zoning District Classification
from A-I Apartment District to 0-1 Office District on certain property
located at the Southeast intersection of Rosemont Road and Bancroft Road
(formerly 28th Street), running a distance of 125 feet along the East side
of Rosemont Road, running a distance of 200 feet along the South side of
Bancroft Road, running a distance of 88 feet more or less along the Eastern
property line and running a distance of 200 feet more or less along the
Southern property line. Said parcel is known as Lots 23-26, 52-53, Block
14, Plat of Pecan Gardens. Plats with more detailed information are
available in the Department of Planning. (Pecan Gardens Area). Princess
Anne Borough).
IFor 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
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ITEM #9729
Application of M. F. Aspinwall for a Conditional Use Permit for self-service
storage facility (mini-warehouse) on certã1n property located on the North
side of Witchduck Road beginning at a point 265.97 feet West of Ferry
Plantation Road. running a distance of 508.98 feet along the Southern prop-
erty line of which 223.98 feet is the North side of Witchduck Road. running
a distance of 640.95 feet along the Western property line. running a dis-
tance of 625.10 feet along the Northern property line and running a distance
of 530 feet along the Eastern property line. Said parcel contains 4.79 acres.
(~agona Village Area). BAYSIDE BOROUGH.
Planning Commission RecOmmendation:
A motion was passed by the Planning Commission by a recorded vote of 11 for
the motion and 1 abstention to approve this request.
. .
For the infonnation of the applicant. prior to the issuance of a building per-
mit. the following will be required by the administrative staff;
1. Standard site improvements as required by the Site Plan Ordinance.
2. A 5 foot setback adjacent to the residential district with a landscaped
buffer strip.
3. A 6 foot solid privacy fence shall be located adjacent to the residential
district.
4. A 22 foot dedication of right-of-w~y ~long the 223 footfrontlge on Witchduck
~"
Mr. Samual Scott, Cassada and Scott, represented the applicapt.
On motion by Councilman Cromwell, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
City Council adopted the following resolution upon application
of M. F. Aspinwall for a Conditional Use Permit for self-service
storage facility (mini-warehouse):
RESOLUTION UPON APPLICATION OF M. F. R0676065
ASPINWALL FOR A CONDITIONAL USE PERMIT
FOR SELF SERVICE STORAGE FACILITY (MINI-
WAREHOUSE)
Be it resolved by the Council of the City of Virginia Beach, Virginia, that
Application of M. F. Aspinwall for a Conditional Use Permit for self-
service storage facility (mini-warehouse) on certain property located
on the North side of Witchduck Road beginning at a point 265.97 feet
West of Ferry Plantation Road, running a distance of 508.98 feet along
the Southern property line of which 223.98 feet is the North side of
Witchduck Road, running a distance of 640.95 feet along the Western
property line, running a distance of 625.10 feet along the Northern
property line and running a distance of 530 feet along the Eastern
property line. Said parcel contains 4.79 acres. (Aragona Village
Area). Bayside 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 PLm
Ordinance.
2.
A 5-[00t :,ethilck adjacent to the residential district with
a landscaped buffer strip.
3.
1\ six-foot solid privacy fence Shd! 1 be lo<.:atcd adjacent
to the residential district.
\ ¿,'.- () () r d cd i cat; 0 n (); rig h t - 0 f - \\Í :1) a ¡ O!l g the 2 2 3 roo t
~f-r()nt-"(1(' ~'ll'. ilji ..,.;,(:",-t~ 17"'1,1
I
ITEM #9730
Petition of Alfred M. Mason for a Char'-ge' ql Zoning Dist~at Classification.
from R-8 Residential Distriat to B-2 Commu: ity BUSiness District on certain
property located on the North side of Bonn"!f Road beginning at a point 4PO
feet West of South Gum Avenue, running a distæace of BO.tl feet along the
North side of Bonney Road, running a distance of 9l2.27 feet in a North-
westerly direction, running a distanae of 20 feet along the Northern prop-
erty line, running a distance of 824.80 feet in a Southeasterly direction,
and running a distanae of 39l.08 feet along the Eastern property line.
Said paroe l is irregu lar in s hape and con taÎ,nB 2.26 acres. (Thalia Vil-
lage Area). KEMPSVILLE BOROUGH. (Modified ,,'-'rem I-2 District to B-2 District.)
Planning Com~ission Reaommendation:
A motion was passed unanimously by the Planniug Corrunission by a recorded vote
of l2 to approve this request.
For the information of the applicant, p~iol' to the iS8uanae of a building per-
mit, the follolJJing will be required by the administrative staff:
standard site improvements as }1equired by the Site Plan Ordinance.
City water and sewer.
A ZOO foot drainage easement (part of a Pl'oposed 200 foot drainage easement)
will be required along the eastern property line in acaordance with the align-
ment as set by plans on file in the City Engineer's Office. ' .
4. There will be no bulkheading, dredging, filling or other waterfvont related
activities lJJithout the proper perrmits from all applicable govermirlg agencies.
5. A l5 foot dediaation of right-of-~ay will be required along the western prop-
erty line adjacent to the 20 foot lane and this road is to be improved wi th
pavement widening, curb and gutter, storm draina as necessary and sidewalks.
6. AccesS' to^"thi& øite shall be lÙnited to the 20 f'oot lane lJith rtQ3.n.g~BBor
e(JfleS8 a l(Jn~ ÐoKney Road. . ,
I =J~:~n;¡;i;,~~i~~:h~za;; t~~: f~ t~ ~e i~P:;.~;~c:::t :;;:.!/ii/i~¡';'-
appliaant that the official change on the 20ning maps will not be made until
the following aonditiona are satisfied:
Dedication of right-of-way 30 feet from the centerline 'of the ezist~
ing 30 foot right-of-way along the 60 foot frontage on Bonney Road (a
Z5 foot dsdication) and. a ¡; foot temporory aonatl'UQtion ~~i.B¡z~gl~~~
to. ~~ .1jJ/!!,~:c:r-:Ll9.Y 4ed~~ation. . . ....,.. ..--..-" ..,-,
On motion by Vice Mayor Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows:
l.
2.
3.
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Rohert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
City Council voted to defer one week the above petition of Alfred M.
Mason for a Change of Zoning District Classification from R-8 Residential
I District to B-2 Community-Business Dist,rict,on certain P, roperty located
on the North side of Bonney Road beginning at a point 460 feet West of
South Gum Avenue, running a distance of 60.11 feet aion~ the North
side of Bonney Road, running a distance of 912.27 feet i- a North-
westerly direction, running a distance of 20 ~eet along the Northern
property line, running a distance of 824.80 feet in a ~outhwesterly
direction, and running a distance of 391.08 feet along t~e Eastern
property line. Said parcel is irregular in shape and contains 2.26
acres. (Th¿1la Village Area). Kempsville Borough. (Modified from
1-2 Dist~:~t ~~ B-2 District).
ITEM #9731
Appl,.'z,cation of Alfred M. Mason for a Conditiònal ~ Pezrmit for a bulk storage
yard on certain property located on the NOl'th side of Bonney Road beginning at
a point 460 feet West of South Gwn Avenue, running a distance of 60. ZZ feet
along the North side of Bonney Road, running a distance of 9l2.27 feet in a
North~esterly direction, running a distance of 20 feet along the Northern prop-
erty line, running a distance of 824.80 feet in a Southeasterly direction, and
running a distance of 39l.08 feet along the Eastern property line. Said parcel,
is irregular in shape and contains 2.26 acres. (Thalia Village Area). KEMPS-
VILLE BOROUGH.
I
P~ing Commission Recommendation:
Amotion Was passed unanimously by the Planning Commission by a !ecorded vote of
7,2 to approve this request.
For the information of the applicant, prior t~ the issuance of a buiZding pe~t,
the fo'lZoùJing wiZZbe required by the adminÙ;trative staff:
I 8.
A 3 year time 'limit.
City water and sewer.
Site improvements of a temporary nature (i.e., gravel pal'king area). If
ths site is to be used for a storage yard longer than 3 years, fuZZ site
improvements will be required. .
4. Dedication of right-of-~ay 30 feet from the centerline of the ezisting
30 foot Pight-of-lJJay along the 60 foot frontage on Bonney Road (a l5
foot dedication) and a 5 foot temporary oonstruation easement parallel
to the Pight-of~ay dedication.
. 5. A lOO foot drainage easement for Thalia Creek in accordance with plans on
file in the City Engineer's Office.
6. A l5 foot right-of-way dedication along the 20 foot lane.
?Access to this site shaU be timited to the 20 foot lane ~ith no ingress or
egress along Bonney Road.
In atJcordanoe with Section 9l'[, (c) 3, ths storage yard shaZZ l;e mcZo8ed by
(% ,q~;l¡;,.* h~f1h f(j7'l.c.e or ,~~H... ~t!.fir!9l tp,:c:tjpYl;_r:!.f the [e":p.s wf!L,9! ,~eter-
mined by the City 8ngineer's °"1.0. inconfo:rmance LJitk thø aUgnment> for
the lOO foot drainage easement fof:' ThaZià Crtsek.
9. TIuIN shaU be no disruption to the tmgetati,'lJB covel' bsweøn the fønc6 and
~~Í4~~k. . " .~".'. ... .,.. - ., i' .
On motlon by Vice Mayor Ferrell, seconded by Councilman ~allis,
and by reçorded vote as follows:
'l.
2.
3.
Ayes: Councilme~ John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, ~r.! VIce Mayor George R. Ferrell, Charles W. Gardner,
John.R. GrIffIn, Clarence A. Holland, Mayor J. Curtis Payne,
PatrIck L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent: Councilman J. Henry McCoy, Jr.
City ~ouncil voted ~o.defer one week the above application ~f Alfred
M. Ma~on for a CondItIonal Use Permit for a bulk storage yard on
cert~In property located on the North side of Bonney Road beginning at
a poInt 460 fee~ West ?f South Gum Avenue, running a distance of 60.11
feet ~long the ~orth sIde. of Bonney Road, running a distance of 912.27
íeet In a Northwesterly.dIrection, running a distance of 20 feet along
he Northern pr?perty lIne, running a distance of 824.80 feet in a
out~e~~terlY dlrectlo~, and r~nning a distance of 391.08 feet along
~h~ ~a~;e~n proper~y l~ne. SaId parcel is ir~egular in shape and contains
¿. 6 acÅCS, (ThalIa VIllage Area). Kempsville Borough.
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TTEM #9732
Motion of the Planning Commission of the City of Virginia Beach to amend and
reordain Article 7~ Section 705 (a)~ of the Comprehensive Zoning Ordinance per-
taining to Sign Regulations. More detailed inforrmation is available in the
Department of Planning.
P~ing Commission Recommendation:
A motion ~as passed unanimously by t7æ Planning Commission by a ~c~rded vote
Qf ~ ~ to approve this reques t .
On motion by Councilman Gardner, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charle~ W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtls Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
Ci ty Council approved the following ordinance to. amend and reordain
Article 7, Section 70S(a) of the Comprehensive Zoning Ordinance
pertaining to sign regulations: ¡
AN ORDINANCE TO AMEND AND REORDAIN
AR TICLE 7, SECTION 705(a) OF THE COM-
PREHENSIVE ZONING ORDINANCE PER TAIN-
ING TO SIGN REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 7, Section 705 (a) of the C. Z. O. is amended and reordained as
follows:
(a) Within the H-l Hotel District the same regulations as permitted
in R -1 Re sidential District and A-I Apartment District shall apply
and in addition:
~l~ - b-he-sûpeûke- Bû-y- - -A t.lûnti<;. Oc6-a-tr IN. a te-p.f-i:"-ont:- - WoO- S ~g-rr
apie-nteè- ~ -tke -œao-lr -SflûJJ,. ~-~e l'Hri4:tOO e~-£e-p4:~n& .0+
s ~g-rr pe-i:"- ~a B~trg- J at. w-lri-£fl- Fna-Y' -be- ~lhlHriflû4:e à -WHfl- ~til.J-
Slil'f.éw.e. û-i:"-e-a- a£. -twefl-ty -(-2'()~ -s-qu-a-P6- fee t..-
~6-)- (1)
For each twenty (20) feet of principal frontage adjacent
to a street and for each forty (40) feet of lot line adjoin-
ing a street but not constituting frontage not more than
one (1) sign and not more than forty (40) square feet of
surface area provided however, that no establishment
may have more than four (4) signs and that no sign shall
exceed two (2) faces neither of which shall exceed 125
square feet of surface area. Any establishment or
property having less frontage or lot line adjoining a
street than required above may have one (1) sign not ex-
ceeding thirty (30) square feet of surface area.
~3-)- (2)
Signs advertising property for sale, lease or rent, pro-
vided that no such sign shall exceed thirty-two (32) square
feet in area, that not more than two (2) such signs shall
be erected for each one hundred (100) feet of lot line at
the street right-of-way, and that not more than four (4)
such signs shall be erected on any property. Any prop-
erty having less frontage or lot line adjoining a street
may have One (1) sign not exceeding thirty-two (32)
square fee t of surface are a.
Adonted by the CouncIl of the City of Virginia Beach, Virginia, on the
] c¡
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ITEM #9733
Motion of the Planning Commission of the City of ViI'ginia Beach to amena ar,a r-.
ordain Article 9 of the Comprehensive Zoning Ordinanae pe1'taining to Sign ReguLa-
tions in the B-2 Community Business Distriat and the B-3 Central BusinesaDistriat.
More detailed information is available in the Department of PZanning.
Planning Commission Recommendation:
A motion ~as passed unanimous~y by the Planning Commission by a reoordØd vote
of 7,2 to avvrove this I'eauBst.
On motion by Councilman Gardner, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner
John.R. Griffin,.Clarence A. Holland, Mayor J. Curtis Payne, ,
PatrIck L. StandIng, and Floyd E. Waterfield, Jr.
Nays:
Absent:
None
Councilman J. Henry McCoy, Jr.
City Council approved the following ordinance to amend and reordain
Article.9 of. the Comprehensive Zoning Ordinance pertaining to sign
regulatIons In the B-2 Community Business District and the B-3 Central
Business District:
AN ORDINANCÊTO AMmvAt.ft> R'ËÕRJ5A'f~
ARTICLE 9 OF THE COMPREHENSIVlt ZONING
ORDINANCE PER TAINING TO SIGN REGULA TIONS
IN THE B-2 COMMUNITY BUSINESS DISTRICT AND
THE B-3 CENTRAL BUSINESS DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA :
That Section 914, Sign Regulations, of the C. Z. O. (relating to the B-2
Community Business District) is amended and reordained as follows:
(b)
Where there is an established neighborhood commercial center
containing five (5) or more establishments and a minimum of
60,000 square feet of land area, one (1) center identification
sign for each principal entrance not exceeding two (2.) faces
neither of which shall exceed one hundred (100) square feet of
ßurfaœ area. Where there is an established community commer-
cial center containing ten (10) establishments and fifteen (15) acres
of land, one (1) center identification sign for each princi !Jal en-
trance not exceeding two (2) faces neither of which shall exceed
two hundred (200) square feet of surface area. 'Nhere there is
an established regional commercial center containing fiÎteen (15)
or more establishments and thirty (30) acres of lanè, one (1)
center identification sign for each principal entrance c frontage
not exceeding two (2) faces neither of which shall exceed three
hundred (300) square feet of surface area, Such ide~ti£i(~ation
sign shall specify only the name of the center.
That Section 924, Sign R eguìa hans, of the C. Z. O. (relating to the B- 3
Central Business District) if amendl'~ dnd reordained as foUowf'
(b)
Where the~_~~'- an estabLshed neighborhood comrnel'cia. '=enter
conta~ni~S,:';ve (5) or more establishments and a mi'::':_~Lrm of
60,000 SqUi re feet of land a rea, one (1) center identl£ ,<,~~°12.
_sign ~~-~-¡Jrincipal entrance not exceeding tW(: ,2,\ _:.::. ':,~-
neither of wh' ch shall exceed one hundred (lOO) SCUa? e'er of
~-,--
surface area. Where thc're is an establishc>c1 conHY'unity cornnler-
, .----.
cia~~ en~"',::..._conta ining ten (J 0) ,e stablishment:s _(lnd_~,~~:':":,l (15) acre "'-
,_,r la~,';, O!ll' j~L ce~~_~..:ì" 'ltiLi('atio~_s igl2.i?!- -~~-,.' '~:?" ~,__l~~-=--
','à 'f
. ,-,---':..~~'_!} tW(--_?),_':'.._-~-_.__:.._'.,
c' x '~' '::' e:J
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1200: ,:;C' ",a ~(' ."e' .'Y' S-,)~.-:'¿.'
,-,--_..,_.-"'_'- ..,
J 'J;', f~ "0 the rei s
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----" .. -- --. ,--,
..
I
an established regional commercial center containing fifteen (15)
or more establishments and thirty (30) acres of land, one (1)
center identification sign for each principal entrance or frontage
not exceeding two (2) faces neither of which shall exceed three
hundred (300) square feet of surface area. Such identification
sign shall specify only the name of the center.
Adopted by the Council of the City of Virginia Beach, Virginia on
the
14
da y of
June
, 1976.
ITEM #9734 ~ ", ,". . .
Motion of the PZanrting Corrmis8ion of the arty' ;1 víÍy¡intè "J'eà61i'tir~ U'm% 2'ìð'-
ordain Artiote 2 of the Comprehensive Zoning OrdinaJ'/,c(J ~øl'tfri,tti.ng to $igns. More
dBtailed ,information is available in the DepaFtm.ent of P'tar/Jlt£nq.
P~ing Commission Recommendation:
A motion lùa8 pCl$sed unanimous'ly by the PZamzing CQl111T/i~" Q;¡¡ -(if rfI.CQl'ded vote
of l2 to approve this request.
I On motion by Councilman Gardner, seconded by Councilma.n Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne, ,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
", ".. A
. ",'...'
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
City Council approved the following ordinance to amend and reordain
Article 2 of the Comprehensive Zoning Ordinance pertaining to signs:
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AN ORDINANCE TO AMEND AND REORDAIN
AR TICLE 2 OF THE COMPREHENSIVE ZON-
ING ORDINANCE PERTAINING TO SIGNS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 212, Signs Prohibited in All Districts, of the C. Z. O. is
amended and reordained as follows:
Add:
(i)
All portable or non-structural signs. For purposes of this
Ordinance, a sign shall be conside red as non- structural if it
has no permanently mounted, self-supporting structure or is
not an integral part of a building to which it is accessory. .
(j)
Signs oriented to the Atlantic Ocean and Chesapeake Bay beaches
except for one (1) sign per zoning lot, which may be illuminated,
with a total surface area of twenty (20) square feet.
That Section 215, Non-Conforming Signs, of the C. Z. O. is amended and
reordained as follows:
(a)
AU. ~-ta Bke- .o-r- ReR - 8 t-p.u.e-t~H.".aJ -s-ign-s- Hr ~-iel-at-ieR -o-f- the- ¥-ov-is i-ons--
sf. Ud.s- OPd-i-nû-fJ:£e- shal-l- Be -p.e.:rnÐ¥eè-w-iihi-n-æ-tr ~l-()')-èays ~f-t-he-
aEl e~t-i-()fl- sf. -thi-s- Or-<1-i-nû-n-ce. - -~ e F -pu-:r-po-se-s- -of -tffi s ~ Fà i-n-érITGe-,- -a-
s i:-g-n- -s-ha-ll- be- eaRS ide-tte-d- -a-s- ReR- s t-PUC-t-u~-a-l-i.f -i-t-~s- -nÐ-~e I'HTa-ne-nt-ly
:ffiou-n-teè, - 8 e l-f --s-U1>f>'EH"Ün-g- -s-t l' ~ e t-ll-1:'e- .o-r- i-s- -n-ot -a-n- -is æ-g- p..a-l- ~ a I' t- -of -a-
B~i-lè-iRg -to-whieh-i-t-i-s-aeee s seFY.
fb-)- No non-conforming sign erected before adoption of this Ordi-
nance shall be enlarged, moved, replaced, or repaired at a
cost in excess of fifty (50) percent of its current replacement
cost unless same shall be brought in compliance with the pro-
visions of this Ordinance. All non-conforming signs in any
district which are not maintained in the continuous state of
good repair and/or all non-conforrning signs which are
abandoned for a pe riod of two (2) ye ars shall be removed.
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For purpose s of this Ordinance, a sign shall be considered
as abandoned if no copy or advertising matte r is exhibited
on the adve rtising face s of the sign.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14
day of
June
, 1976.
ED AS TO CONTINI'
(. .?(.
ITEM #9735
On motion by Councilman Baum, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
I John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent:
Councilman J. Henry McCoy, Jr.
City Council approved the following ordinance to amend Chapter 22 of
the Code of the City of Virginia Beach by adding a section relating
to issuance of summons for parking motor vehicles in parking spaces
reserved for the handicapped:
I
Requested by:
Mayor J. Curtis Payne
I
AN ORDINANCE TO AMEND CHAPTER 22 OF
THE CODE OF THE CITY OF VIRGINIA BEACH
BY ADDING A SECTION RELATING TO ISSUANCE
OF SUMMONS FOR PARKING MOTOR VEHICLES
IN PARKING SPACES RESERVED FOR THE
HANDICAPPED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
The non-handicapped operator of a mo.tor vehicle parked in
parking spaces 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 on and after July 1, 1976.
I
For similar state law, see Section 46.1-181.4, Code of
Virginia, as amended.
Adopted by the Council of the City of Virginia Beach on the
14
day of
June
, 1976.
ITEM #9736
On motion by Councilman Gardner, seconded by Councilman Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
I Nays: None
Absent: Councilman J. Henry McCoy, Jr.
City Council approved the following ordinance to amend and reordain
Article IX of Chapter 2 of the Code of the City of Virginia Beach,.
V~rginia, pertaining to the Department of Farm and Home DemonstratIon:
. REQUESTED BY THE DIRECTOR OF THE DEPARTMENT OF FARM AND HOME DEMONSTRATION.
I
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE IX OF CHAPTER 2 OF THE CODE
OF THE CITY OF VIRGINIA BEACH, VA.,
PERTAINING TO THE DEPARTMENT OF
FARM AND HOME DEMONSTRATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article IX of Chapter 2 of the Code of the City of Virginia Beach, Virginia,
be amended and reordained as follows:
ARTICLE IX.
Department of Farm and Home Demonstration
Section 2-96. Division of Markets - Creation; Control by Director-of the Department
of Farm and Home Demonstration.
There is hereby created a Division of Markets, within the Department of Farm
and Home Demonstration, to be subject to the supervision and control of the Director
ection 2-97. Same - Function.
The Division of Markets is and shall be charged with the supervision, manage-
ment and control of all public markets and with the collection of all market fees and
the proper accounting for the same.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14
day of
June
, 1976.
I iTEM #9737
On motion by Councilman Callis, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
City Council approved the request of Mr. Ivan D. Mapp, Commissioner
of the Revenue, fOT license refunds in the amount of $627.98.
ITEM #9738
On motion by Vice Mayor Ferrell, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner
John.R. Griffin,.Clarence A. Holland, Mayor J. Curtis Payne, ,
PatrIck L. StandIng, and Floyd E. Waterfield, Jr.
I Nays: None
Absent: Councilman J. Henry McCoy, Jr.
City Council approved the following tax refunds in the amount of
$313.95:
'N ¿¡ liì.~
,. r,'~~'
..."'^
'Year
,Type
! of
Tax
I
¡CD
T¡;;X!
TicKet
Number
. - ,
-f~?f~:'r ~.- ;Q ~~. -. ',., .-" "'T~~~n-"
~o. Paid Base alt
'1,'0 to:: 1
obert A Bradshaw 1976
1.75
oseph Schrank 11976 CD
-lard Robbins 11976 ¡CD
I ¡
auline Beale 1976 'CD
1976 r.D ¡if 20253 I
I I I
11976 I ~D ;:fJ: 22829 I I 1-8-76
¡ 1976 I CD II 94393 I 1 16 7'-
¡ I I - -:,
illiam Robison! 19ï6 ¡Cn 11155491 I : 1-28-7(,
119i6 I cn it 96102 I ¡ 1-16-76
'I I I
G. S. Bouchayer 11976 lí~D 41 L~5756! 1-9-76 I
Engebrets¿n .JMlírþ ., S I ,:11 Ii! 85064 I i 1-2- 76 I
119"31,- I I I I
, ./ li\io, 1#057716 1)69316-20-73 17.28!
I I' 1st & 2nd I _ch'30 ! 12-5-73 17.28,
19741:'!ΠiIIOh1577,. 6-7-74 17.281
I ,1st & 2nd I i 12-5-7/~ 17.28,
1975!RE ,14106395811163116-10-71 22.541
I 1st & 2nd i 12-5-7"i 22.54:
1973!RE 1110282261559516-18-73 I 9060!
I !lst f.;; 2nd! I 11-14-731 9.60!
j 197/+ I' RE I it 0300/~4 I 5')941 6-10-7~~ 19.2°1
i ! 1st & 2nd! ! 12-5-7tf ¡ 19.201
197<1 I HE !14I 011RZl f)')rn;.' 6-10-7, , 25.2°1
I i I 1st ,íý ?nd i 11-5--'5 I 25.2°1
¡ : i I I
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¡ ¡ ; I!
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,:.e> 0 v-¿:-;:-,;~ -,-j ,;-~~:, , ,;;~: ~ .:::;~-': ,::-r;;;;::-s.-õ r:;_=;~,s-~.: :;;:;;;;:2 .'~~D.3 .~ ~ r ~---=
,l. (-'- '.L~Bl"1"orl ""Y '\"-~'-'.'
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"--"""'0"-"'; ,,",;.,.,. ":,'-:'/.1 '",---.....1b ~";" Cn,,"]
.H_VC-., ,.,..'<-,-~",':." ..' . ;,_,.',l:,> " '.' . -"'-}'h,.)VLG V L.....L:\! Ol.!::t\,fj.~,
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vd L';'; J ~ /, rt, {'
¡-J . /'~' I '- ---;:;---
-" -, d- L k-i/i t /l ('( IL'
owe11 Russel
SCIBritton
or y Shelters
H. Williams
-1ise Edward S
Virginia Eeaeh
Federal B & L
Kelley John T
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1-19-7h
¡
11-2-76
I
¡ 1-5-76
,
! 1-15-7(,
I
(1-1-76
11 125340
:/I 41561
':/113155
15.00
7.50
4; 1966R
7.50
7.50
7.50
7.50
7.50
7.50
15.00
7.50
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i 114.20
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108.00
¡-
;;; ;::",:.r-d J. /',.c:L:"C.-,;
e:l'. Cl..'".~:,'
and by ureco-ided voteasTol fow-s :
. Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
I
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Nays:
Absent:
None
Councilman J. Henry McCoy, Jr.
City Council voted to defer for thirty (30) days the following
ordinance vacating an unimproved 3D-foot street on plat entitled,
"Property Of Kenneth ~ruiser located on Oceana Gardens - Prinçess
Anne ColIntv, Virginia:" ' '
AN ORDINANCE VACATING AN UNIMPROVED
30 FOOT STR:ç~,:r ON PLAT ENTITLED,
"PROPERTY OF KENNE¡H CRUISER LOCATED
IN OCEANA GARDENS- PRINCESS ANNE
COUNTY II VIRGINIA '
1\
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WHEREAS, Timothy H. Langston, Margaret D. Langston, Oceana
Church of Christ, and Julius Perl and Pavel Perl have petitioned for the
vacation of an unimproved 30 foot street; and
WHEREAS, pursuant to proper notice duly given by the petitioners,
this Council has heretofore appointed viewers pursuant to Section 15.1-364
of the Code of Virginia, as amendedll and
WHEREAS, said viewers have reported that no inconvenience will
result to any persons or to, the public by reason of the said vacation; and
<
;,
¡
0:
>
WHEREAS, the Planning Commission has recommended that this
Û
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petition be granted.
"'
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;,.
.,
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
<
VIRGINIA BEACH, VIRGINIA:
,
..
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>-
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By Authority granted by Section 15.1-364 of the Code of Virginia, as
'"
0
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..
amended, that that certain street situated in the Lynnhaven Borough, City of
.
.
'u
"'
'"
Virginia Beach I Virginia, and described as follows be, and the same hereby is
discontinued, abandoned and vacated:
'"
>-
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..
"
:f
All that certain portion of an unimproved, unnamed 30 foot
street as shown on the plat entitled, "Property of Kenneth
Cruiser, located in Oceana Gardens -Princess Anne County,
Virginia", dated f April 8 I 1947, and made by W. B. Gallup,
County Surveyor I duly recorded in the Clerk I s Office of the
Circuit Court of the City of Virgima 8e.3ch I Virginia I in Map
Book 27, at page 73, more particularly bounded and described
with reference to said plat as follows: Beginning at the point
in a southwest corner of Lot 12 thence along the western lines
of Lots 12, 37,36 I 35,34,33 and 455.7', thence westerly a
distance of 30' thence southerly 42'1.7' to the southeast corner
of Lot E and Virginia Beach Boulevard and thence 30' easterly
to the point of beqinning.
II
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It is the intent of the City of Vlrgìl1Ja Bp::ch to retain any and all pu;;iic
interest in the 30' Street known ]s Garcia Drive, as shown on that certain pliit.
known as IIRef.'lbdivisiorl (")f Lots 7 to IS, and ¡~/)ts 28 tc 4:L CRUISER TRACT,
lucated in Oceana Garden~.;-+'ri.ncpss Anne Co.. '¡;1.11 cbt(3d March 25,19'12,
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This ordinance shall be effective 30 days after its adoption.
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ITEM #9740
On motion by Councilman Griffin, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
City Council approved on first reading the following lease agreement
between the City of Virginia Beach and the School Board of the City
of Virginia Beach for a 2S-acre school site located near the inter-
section of General Booth Boulevard and South Birdneck Road. The
lease is written for a 39-year period so the termination coincides
with the lease from the Commonwealth of Virginia.
Consideration, under the terms of the lease, would be $1,900 per
annum for the first six (6) years, and $190 per annum thereafter;
City Council further authorized the City Hanager to execute the
necessary agreement on behalf of the City of Virginia Beach:
I
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Ii
This Lease Agreement, Made this
day of
,19
by and between the City of Virginia Beach, Virginia, a municipal corporation of the
Conunonwealth of Virginia, hereinafter referred to as "Lessor," party of the first part,
-land The School Board of the City of Virginia Beach, Virginia, hereinafter referred to
as "Lessee," party of the second part.
WIT N E SSE T H
Whereas, by lease agreement dated April 15, 1975, recorded in the Clerk'~
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1484,
at Page 453, the City of Virginia Beach is the lessee of certain parcels of real estate
owned by the Commonwealth of Virginia and being a part of the State Military Reservation
at Camp Pendleton; and
Whereas, the School Board of the City of Virginia Beach is desirous of and the
City of Virginia Beach has agreed to lease certain parcels of real estate as described
in the above referred to lease agreement; and
Whereas, the Commonwealth of Virginia, Department of Military Affairs has con-
I sented and agreed that Parcel No.2, containing 70.335 acres as described in the above
referred to lease agreement may be used for public school facilities.
Now, Therefore, for and in consideration of the sum of One Thousand Nine Hundred
00
arid 100 Dollars ($1.900.00 ) payable per annum from the date of this
00
-
agreement for the first six years and One Hundred Ninety and 100 Dollars
($190.00
) per annum for the remaining term of this agreement, the City of
Virginia Beach doth hereby demise and sublease to The School Board of The City of Virginia
Beach for a term of thirty-nine (39)
years, that certain parce~ of land, lying and
being in the State Military Reservation at Camp Pendleton, Virginia Beach, Virginia, and
more particularly described as follows:
I
That certain parcel of land containing 25.00 acres, as shown on the
attached plat entitled "Plat Showing Land Leased By City of Virginia
Beach, Virginia For School Site," dated April 6,1976, Scale: 1" =
200', prepared by Engineering Division, Department of Conununity Services,
City of Virginia Beach, Virginia and recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia in Map Book
at Page to which reference is made for a more
particular description.
This lease is subject to the following:
1.
This lease is made subject to the conditions and re~ervatians of the lease
between the Canunanwealth of Virginia, Department of Ní1itary Aff.'1Írs and the City of
~---- ---- --
- ~ _-0 ---
Virginia Beach, dated April IS, 1976 and recorded in Deed Book 1484, at Page 453 in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia.
2.
To Have and To Hold the same ~nto the party of the second part from the
15th
day of
April
, 1976, and ending the 31st day of
December,
lears.
2015, with the right of renewal for additional term or terms of Forty (40)
It is expressly agreed between the parties hereto as follows:
(~) the party
of the second part shall have the right of and control of the demised premises during
the term of the leased period or periods; (b) the party of the second part, its successors
or assigns shall have the necessary right-of-way for ingress and egress and easements
upon and across the lands of the City, whether owned or leased, together with necessary
rights and easements for proper and necessary construction, grading and stabilization .to
insure preservation and conservation of the herein demised property.
In Witness Whereof, the City of Virginia Beach has caused its name to be signed
hereto by its City Manager and its corporate seal to be hereunto affixed and attested by
üsCity Clerk, thereunto duly authorized, the day and year first above written.
CITY OF VIRGINIA BEACH
I
By
City Manager
SEAL
ATTEST
City Clerk
In Witness Whereof, The School Board of the City of Virginia Beach, Virginia has
caused its name to be signed to this lease agreement by its
, and
its corporate seal to be hereunto affixed and attested by its Clerk, thereunto duly autho-
rized, the day and year first above written.
THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEAG
I
B y------
SEAL
ATTEST:
------.- --_._. --~------- --- --.
Cl ,~rk
.---..----.
"-",
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, TO WIT:
I The foregoing instrument was acknowledged before me, a Notary Public, this
day of , 19_, by , City Manager of the City
of Virginia Beach and
, City Cl~rk of the City of Virginia Beach.
My Commission expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, TO WIT:
The foregoing instrument was acknowledged before me, a Notary Public, this
day of
, 19_, by
of the
IChOOl Board of the City of Virginia Beach and
oard of the City of Virginia Beach.
, Clerk of the School
My Commission expires:
Notary Public
Si(~\lURE
, ~.,77..c"-~;:T
SIGN/I, HIRE
CITY A HORNEY
I
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'-"'----'"
- - -----
ITEM #9741
On motion by Councilman Callis, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
I Nays: None
Absent: Councilman J. Henry McCoy, Jr.
The Commonwealth of Virginia has introduced a program of cross-
connection and backflow prevention control. If the City. does
not comply with the regulations, a permanent operating permit
for our water supply system could not be issued, and the City would
be in violation of the regulations of Virginia legislation.
Although this program is a mandatory requirement, no funds are being
offered by the Commonwealth to assist the City in administering this
service. Therefore, it will be necessary to supplement the Inspections
Services' 1976-77 budget by $31,602.
In order to comply with State law, City Council approved on first
reading an increase in the 1976-77 budget of the Inspections
Services', in the amount of $31,602, to comply with the regulations
of a program of cross-connection backflow preveIltion cQntr'ol. The
break down is as follows: '
01320
Plumbing Inspector I - 40A
Water Specialist (2)
$9,2S8
Annually
$18,576
I 0220
08010
Cross-Connect Seminar & School
300
Clerical Desk - Stee1master
#7335 (2)
235
470
08010
Executive Chair Steel Wood
(2)
190
380
08010
File Cabinet, 4-Drawer Legal
(2)
138
276
08010
Radio, Mobile
(2)
850
1,700
08310
Cars, Class II w/air
(2)
4,700
9,400
08530
Cross Connect Back Flow Device
Testing Equipment (1)
500
500
$31,602
TOTAL
ITEM #9742
On motion by Councilman Callis, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A.
Cromwell, Jr., Vice Mayor
I John R. Griffin, Clarence
Patrick L. Standing.
Baum, Robert H. Callis, Jr., Robert B.
George R. Ferrell, Charles W. Gardner,
A. Holland, Mayor J. Curtis Payne, and
Nays:
Councilman Floyd E. Waterfield, Jr.
Absent:
Councilman J. Henry McCoy, Jr.
City Council voted to approve the extension of the agreement among
ATE Management and Service Company, the City of Norfolk and the
City of Virginia Beach, by which we }'eceived bus servic~ from Tidewater
Metr? ~ransit until September 6, 1976; suhject to the present terms and
condltl~ns, an~ authorize the City Manager to sign the necessary documents.
No new funds wIll be needed as a result of this 3greement.
ITEM #9743
The following bids were received for Contract I - Phase IV of the
Seatack sanitary sewer facilities (Gravity):
M. E. Wilkins, Incorporated
D.J.W. Construction Company, Incorporated
.hn H. Malbon Contractors Company, Inc.
lIPanoke Construction Company, Incorporated
C. L. Pincus, Jr., and Company
Carter-Bell Corporation
Vico Construction Corporation
A. Stuart Bolling Company, Incorporated
$271,215.40
284,414.50
295,775.65
300,385.00
303,228.50
356,901,.00
394,316.90
397,929.00
(Engineer's Estimate - $314,703.50)
On motion by Councilman Griffin, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent: Councilman J. Henry McCoy, Jr.
ICity Council approved on first reading the low bid of M. E. Wilkins,
Incorporated, in the amount of $271,215.40, for Contract I - Phase IV
of the Seatack sanitary sewer facilities (Gravity); and further
authorized the City Manager to execute the necessary documents. Funding
is to be provided by the Community Development Funds.
ITEM #9744
The following bids were received for Contract II - Phase IV of the
Seatack sanitary sewer facilities (Pump Station):
Van de Riet Construction Company, Inc.
Hunt Contracting Company
W. B. Meredith, II, Incorporated
Luke Construction Company, Incorporated
Crowder Contracting Company, Incorporated
$ 91,239.00
97,054.00
97,443.00
100,860.00
126,700.00
(Engineer's Estimate - $88,000.00)
On motion by Councilman Griffin, seconded by Councilman Gardner,
I and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert II. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr-
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
City Council approved on first reading the 1()\\Ì bid or Van de Riet
Construction CompanY, Incorporated, in the (111\\)Unt of $91,23l),()() for
Contract II Phase IV of the Scatack sanit;¡n SC\\!cr Llll1itil's (Pump
St;¡tion); :lnd êJuthorized the City Manager UI execute thl' nC'l'css;¡ry dCh'UJl1l'lIl
l~u n(1 LrlJL.)~; t 0.- b_~'~12.!':5:~\¡'J~eJ __.1}1.-. ~11...(~.i:~orn~~.!l1-!..t_.12('\ c ¡ ()E~~£I.l.~J 11 n" ~ .
I
I
I
ITEM #9745
On motion by Councilman Holland, seconded by Councilman Gfiffin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
City Council approved the following ordinance to authorize the
acquisition of property and easements for the construction of
the Seatack Sewer Project:
-'-"~-'--'-"---" -----:-,"~,~-"r
AN ORDINANCE TO AU1'JJ.ORIZ,E THE ACQUISITION OF
PROPERTY AND EASEMENTS FOR THE CONSTRUCTION
OF THE SEATACK SEWER PROJECT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public
necessity exists for construction of the Seatack Sewer Project for the preservation
of the safety, health, peace, good order, comfort, convenience, morals and for the
welfare of the people in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1.
That the City Attorney and/or Assistant 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 temporary and permanent utility ease-
ments as shown on Plans for Seatack Sewer Project as prepared by Marsh & Basgier
Consulting Engineers, Surveyors and Planners, Virginia Beach, Virginia, and on file
in the Dep~rtment of Community Services, Municipal Center, City of Virginia Beach,
Virginia.
Section 2.
The City Attorney and/or Assistant City Attorney 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/or Assistant City Attorney is hereby authorized to institute proceedings
to condemn said property.
Section 3.
That an emergency is hereby declared to exist and this ordinance shall
be in force and effect from the date of its adoption.
Adopted by the Council of the Ci ty of Virginia Beach, Virginia, on the ~~ day
of ---~~lJ.fl~~-----' 1976.
ITEM #9746
On motion by Councilman Griffin, seconded by Councilman Holland~
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W.Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
I Nays: None
Absent: Councilman J. Henry McCoy, Jr.
City Council approved the the following ordinance to au~horize the
acquisition of property ande~sements for the cQnstructlon of
the Thoroughgood Sewerprojett: '
""";~~~".......,_....-,-,, ..;,_.,., ~..-,..,';'P,:" """"""',";;"-""."";" ,... --. "-""""1'
, 'A$ORDINANCE TO AUTHORIZE 'tfIE ACQUISITION
OF ~ü'rY AÑ~ EASEMENTS FOR T1:lE' CQNSTR.UCTION
OF THE THOROUGHGOOD SEWER PROJEct
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public
necessity exists for construction of The Thoroughgood Sewer Project for the preserva-
tion of the safety, health, peace, good order, comfort, convenience, morals and for
the welfare of the people in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
I VIRGINIA:
Section 1.
That the ,City Attorney and/or Assistant 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 temporary and permanent utility easements as
shown on Plans for The Thoroughgood Sewer Project as prepared by Langley, McDonald
and Overman, Consulting Engineers, Virginia Beach, Virginia, and on file in the De-
partment of Community Services, Municipal Center, City of Virginia Beach, Virginia.
Section 2.
The City Attorney and/or Assistant City Attorney 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/or Assistant City Attorney is hereby authorized to institute proceedings
I
to condemn 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
14
day
of ---~t¿Il~-, 1976.
ITEM #9747
On motion by Councilman Gardner, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, MayorJ. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
I Nays: None
Absent: Councilman J. Henry McCoy, Jr.
City Council approved on first reading the low bid of G. L. Cline and
Son, Incorporated, in the amount of $124,835.00 for the construction
of the Headquarters and Storage Facility for the Ground Maintenance
Division of the Department of General Services which will be at the
Municipal Center site.
ITEM #9748
The following bids were received for the construction of the Fabrication
Shop:
Whitfield/Gee Construction Company, Inc.
Cardinal Building Corporation
$84,000
C. L. Pincus, Jr., and Company
85,643
86,200
Shirley Construction Corporation
89,373
89,680
Ingham and Associates, Incorporated
I Piland Construction Company, Incorporated
Commercial Builders, Incorporated
90,000
91,233
E. T. Gresham Company, Incorporated
93,373
(Architect's Estimate - $75,000)
On motion by Vice Mayor Ferrell, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
City Council approved on first reading the low bid of Whitfield/Gee
Construction Company, Incorporated, in the amount of $84,000 for the
construction of the Fabrication Shop; and further authorized the City
Manager to sign the necessary agreement. Funds are available.
I
ITEM #9749
The following bids were received for the paving and contrete portion
of the Municipal Center Site Improvements project:
Myatt Construction Company
Asphalt Roads and Materials
$599,877.67
606,624.44
608,201. 77
I Warren Brothers Company
Birsch Construction Company
608,708.77
613 , 591 . 89
Ames and Webb, Incorporated
Contractors Paving Company
624,415.37
751,990.56
Central Builders, Incorporated
(Engineer's Estimate - $638,400)
On motion by Councilman Gardner, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert. B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E.Waterfield, Jr.
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
I
City Council approved on first reading the low bid of Myatt Construction
Company, in the amount of $599,877.67, for the paving and concrete portion
of the Municipal Center Site Improvements project; and furth~r authorized
the City Manager to execute the necessary documents to implem~nt this
project:
ITEM #9750
The fo!lowing bids were received for sanitary sewerage facilities
AtlantIc Park, Phase II, in the Lynnhaven Borough: '
D.J.W. Construction Company, Inc.
Warren Brothers Company
$230,948.75
238,387.00
M. E. Wilkins, Incorporated
244,879.74
249,041.00
Roanoke Construction Company
John H. Malbon Construction Co., 1nc.
260,577.00
264,359.60
C. L. Pincus, Jr., and Company
Carter-Bell Corporation
274,653.25
307,020.96
I
A & W Contractors, Incorporated
(Engineer's Estimate - $278,073.36)
On motion by Councilman Griffin, seconded by Councilman Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, ~r.~ Vice Mayor George R. Ferrell, Charles W. Gardner,
John.R. Grlffln,.C1arenceA. Holland, MayorJ. Curtis Payne,
PatrIck L. StandIng, and Floyd E. Waterfield, Jr.
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
(;ity CouIl~il approved on first reuding the low bid of D.J.W.
(~oTlstru~tlon Company, Lncorporated, in the amount of $230,948.75
for sa Tll t :uy s ewe rag e fa c i 1 it i e s, At 1 ant i c Pa r k, Pha s ell: J nl! fu r t he r
authorized the City Manager to sign the necessary documents to implement
the j1COjcct. .
ITEM #9751
On motion by Councilman Griffin, seconded by Courtcilman Callis, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert R.
Cromwell, Jr., Vice Mayor George R. Ferrell, ,Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayoi J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
I Nays: None
Abs~nt: Councilman J. Henry McCoy, Jr.
As seventy-seven percent (43 of 56) of the property owners have
signed agreements;City Council voted to approve water service.
to Great Neck Manor. The engineering work and construction can
be done under the Small Projects Contract at an estimated cost
of $52,358.
ITEM #9752
Vice Mayor Ferrell requested the City Manager to brief Council
throughly on a contrac~ between the City of Virginia Beach and
the Navy regarding a railroad spur. '
ITEM #9753
On motion by Councilman Standing, seconded by Councilman Gardnet,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
I Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent:
Councilman J. Henry McCoy, Jr.
The following persons were reappointed to the Minimum Housing Board
of Appeals for two year terms, beginning June 1, 1976 and terminating
May 31, 1978:
Mrs. R. R. Romulus Mr. Earl M. Tebault
Mr, D. Victor White Mr. Kenneth N. Whitehurst, Sr.
Mr. W. H. Kitchen, III - Mr. Kitchen will be replacing Mr.
Donoval Sanderlin
ITEIvI #9754
On motion by Vice Mayor Ferrell, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
I Nays: None
Absent: Councilman J. Henry McCoy, Jr.
City Council appointed Councilman Floyd E. Waterfield, Jr. to the
Tidewater Emergency Medical Services, Incorporated (TEMS), term
beginning June 1, 1976 and terminating February, 1977.
ITEM #9755
On motion by Vice Mayor Ferrell, seconded by Counçilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis,' Jr., Robert B.
Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner,
John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne,
Patrick L. Standing, and Floyd E. Waterfield, Jr.
I
Nays:
None
Absent:
Councilman J. Henry McCoy, Jr.
City Council will hold an executive session on Monday, June 21, 197~,
for the purpose of discussing matters permitted for discussion uhder
Section 2.1-344, subparagraphs 1 through 6, inclusive, of the Freedom
of Information Act of the Commonwealth of Virginia.
ITEM #9756
On motion by Vice Mayor Ferrell, seconded by Councilman Holland,
and by acclamation, the meeting adjourned.
~) ,/
If t:J,.I<i'
R1C ar J.
Cler
J. Curtis Payne, Mayor
City of Virginia Beach,
Virginia
June 14, 1976
I