AUGUST 20, 1973
@ITNUTE@S OF HOINOIZABLI' CITY COUNCIL
OF Tlll:
CITY OF VIIZGINIA BEACII, VIRGINIA
August 20, 1973
The regular meeting of the Council of the City of Virginia Beach,
Virginia was held in the Council Chainbers in the Administratioii
Building in the Borougli of Priiicess Aiine, on Nlonday, August 20,
1973, at 2:00 p.m.
Tlie invocation iFas given by the Reverend Whi-taker Shelton, Saint
Andrews Metliodist Cliurch, Virginia Beacli, Virginia.
Couiicilmen present: John A. Baum, R-obert Ii. Callis, Jr., Mayor
Robert B. Croniivell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles IV. Gardner, aiid Donald 11. Rhodes
Councilmen absent: Clarence A. tiolland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
ITENI #6248
On motion by Councilman Ferrell, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Cobincilmen Jolin A. Baum, Robert Ii. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Lrvin, George R. Ferrell,
Cliarles W. Gardner, and Doiiald H. Riiodes
Nays: None
Absent: Councilmen Clarence A. Ilolland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council approved tlie @linutes of the Regular Meeting of August
13, 1973, and the readii-ig of said @linutes dispensed with inasmucli
as eacli Councilniaii liad a copy of tlie subject Minutes before him.
ITEM #6249
Application of That Steak Place of Richmond, Inc., T/A That Seafood Place, for
a Use Perniit to operate a restaurant as a subsidiary use to the Americano
Hole-I on certain property located on the East side of Atlantic Avenue and at the
South side of 39th Street, running a distance of 150 feet along the East side
of Atlantic Avenue, running a distance of 150 feet along the South side of 39th
Street, running a distance of 150 feet along the Eastern prooerty line and runn-
ing a distance of 150 feet along the Southern property line. VIRGINIA BEACH
BOROUGH.
Planning Comrnission Reconnendations:
A motion by the Planning Commission was passed for approval of this request.
@Ir. Frederick @\l. Qua),Io ,il)peared o,l @)eli@ilf of tlie al)l)licant.
uii itiotioii by Councilinaii (@,allis, second--@l by Counciliiian Gardiiei-,
and by recorded vote as follows:
Ayes: Councilmeii Johii A. Baum, Robert ii. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vicc @layor F. f@cid l@rvin, George R. Ferrell,
Charles W. Gardiaer, and Doliald 11. Rllode,l
Nays: None
Absent: Councilnien Claronce A. liolland, D. @lurray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council approved tlie above application of That Steak Place of
Riclijiiond, Inc., T/A Tliat Seafood Place, for a Use Permit to operate
a restaurant as a subsidiary use to tlie Americ no tiotel on certain
property located on tlie l@ast side of AtLaiitic Avenue and at tlie
Soutli side of 39th Street, runnin- a distance of 150 feet along the
East side of Atlantic Avciiuo, rui-ini.ng a distance of 150 feet along
tlie Soutli side of 39t]i Street, ruiiiiiiig a distajice of 150 feet along
tlie Eastern property line and running a distance of 1SO feet along
the Southern property line. Virgiiii.a Beach Borough.
ITEM #62SO
Application of t4illiam @l. McClanan, Jr., for a Chanae of Zoninq from one-Family
Residence District (R-1) to Multir)le Family ,,,esfd-6nc-e -@is rict (R-3) and a Use
T-e
Permit to construct 10 toi,inhouses on certain )roperty located on the West s d
Of--"acific Avenue beqinninq at a point 300 feet North of 36th Street, running
a distance of 176.2 feet alona th@ Eastern orooertv line of iihich 125 feet is
the llest side of Dacific Aven6e, -runninq a distance of 244.16 feet along the
Southern'nrooertv line, running a distance of 215.54 feet along the East side
of Sea Pines Roa@ and running a distance of 125 feet along the @!orthern proper@y
line. Said oarcel is knovm as Lots N and S, Plat of Linkhorn Park and cont in-
0,643 acre. VIRr@ItlIA BEACH FOPOUG[i,
Planning Commission Recommendation:
A motion by the Planninq Commission was oassed for approval of this request
subject to the follo@,iing@
1, Modifv the request for 10 townhouses to 8 townhouses.
2, Standard site nlan reqtiirements to include curb and gutter, sidewalks,
pavement wideni'ng and storm drains as reou4red alonq Sea Pines Road. (Engineering)
3, Open soace shall be 'Drovided. (Parks and Recreation).
4, Suggesi- narticioat,ion in school site acquisition.
Mr. John Preston appeared on bohalf of the applicant
On motion by Coujicilman Callis, seconded by Vice Mayor Frvin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert Ii. Cztllis, Jr., Mayor
Robert B. Cromwell, Ji,., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles IV. Gardiier, and Donald H. lzhodes
Nays: None
Absent: Councilinen Clarence A. tiolland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council deferred for 60 days tlie al)ove applicatioll of
William W. @IcClaiiaii, Jr., for a @ia@ia,,,e of ZoiiinR from One-Family
Resideiice District (IZ-1) tO NjUltipiC I'alTlily l@es!dence District
(R-3) and a Use Perinit to coiistruct 10 townliouses oil certain
property locat oii ti@e IVest side of Pacific Avenue begiiining at
a poiiit 300 feet Nortl) oC 36tli Street, rlijiii@lig a (listance of 176.2
foot along tlio l@astei@ll 1)1-Opcrty lille of wlij,cli 125 1-cot is tlio I'.'est
si(ic of Pacific Aveiitic,,, i'llilililig @l (ii,;tLijice, of @444. 16 feet aloiig the
Soutlierii prol)crty Iiii(@, i-uiiiiiiig a cli,,;ti),icc of 215.54 feet aloiig tlie
J-'ast side of Sea I)Iiie@; IZoiid ajid a di,;t@iiice of 125 feet aloiij,
tllo Nortlierii pi,opcrt@, Iiiie. Sail 1)@ii-col i,; @iiowii is l,c)ts N aiid S,
I'lat of I.iiikliorii @iii(i coiit@iiii,,; 0.64-) aci@es. %@irginia Be'licii Borougli .
ll'F@l #625o (a)
@ir. John Preston al)pearod before City Council aiid raised zi question
inade by tlie City Attoriiey regarding tlie.adplicatioli of Aslimac
Company for townholises.
Tlie City Attorney indicated that the I)revious jitotion whicli approved
16 towliouse units per acre was correcl@.
ITEM #62SI
Aoplication of D. L. Garcia for a Chanae of 7onina from Residence Suburban
District 3 (R-S 3) to 'lultiple Fam-1 ly Pesidence Di-strict (R-ti) and a Use Permit
to construct 220 aoartment units on certain grooerty located on the W s@t side of
Maygood Road beainninq at a ooint 200 feet more or less tiorth of inewtown Road,
and runninq a distance of 40@ feet along t@ie EasLern proderty line of i.,Ihich 50
feet is the !,!est side of Hayqood Road, runninci a distance of 985 feet more or less
along,the @,@orthern oror)ert.v line, running a distance of 505 feet more or less
along the !,Iestern r)rooerty line and running a distance of 1022 feet more or less
along the Southern Dronerty line. Said Parcel is irregular in shade and contains
8.14 acres. (Araqona Villaae Area). BAYSIDE BOROTJGH.
Planning Connission Reconimendation:
A motion by the Planning Commission was Dassed for denial of this request as the
proposed use is in ConfliCt @qith the Bayside Development Plan which reflectsa
loti density residential use (1 to 6 dwelling units per acre). The existing land
use in the area is oredominantlv single family.
Mr. Alonzo A. Adams presented petitions to the City Council requesting
denial of the above application.
On inotion by Councilman Rhodes, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert ff..Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, and Donald H. Rhodes
Nays: None
Absent: Councilmen Clarence A. Holland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Counc-;l deferred for one week the above application of
D. L. Garcia for a Change of Zoning from Residence Suburban
District 3 (R-S 3) o N,16ltlple r@am-ily Residence District (R-M)
and a Use Permit to construct 220 apartment units on certain
property locate on the West side of Haygood Road beginning at a
point 200 feet more or less Nortli of Newtown Road, and running a
distance of 405 feet along tlie Eastern property line of which 50
feet is the West side of fiaygood Road, riinning a distance of 985
feet more or less along the Northern property line, running a distance
of 505 feet more or less along the IVestern property line and running
a distance of 1022 feet more or less along the Southern property
line. Said parcel is irregular in shape aiid contains 8.14 acres.
(Aragoiia Village Area). Bayside Borough.
ITEM #62S2
Application of Cemetar
,y Consultants, Inc., for a Chanq, of Zonina from
Residence Suburban Distri-It 4 (R-.S 4) to Linlited Co:Tliiie'rcial is@trict 1 (C-L 1)
on certain proDert,V located on the .North side of !,Iitchduck Road across from
Kellam Road and beqinninq at a Doint 9,12.50 feet ilest of Araoona Boulevard,
runnino a distance of 588.98 feet along th,@ I'lortli side of llitchduck Road,
running a distance of 396.47 feet along the Western pro'Derty line and running
a distance of 320.51 feet alonn tiie tiorthern nroperty li@ne and rtinninq a dis-
tance of 676.99 feet alonq the Eastern Dt,operfv line. Said parcel co@tains
3.71 acres. (Roseviood llefllorial Parl(-Aragona Vill.age Areas). BAYSIDE BOROUGH.
Planning Commiss@ion Recoiflmendation:
A iiiotion by tlie Planninq Collimission i,ias passed for denial of this request as it
is tllc, det(-Iriiiiiiition of th(, r',o[i@iiiis@ion tillt tf)(' coilit@iercial
A lettel, i@as recei@'od froiii Ceiiietar@- Incorl)L@i-ated fol@
a deferral
On motioii by Councilman Ferrell, seconded by Councilmaii Rhodes,
and by recorded vote as follows:
Ayes-. Couiicilmeii Jolin A. Bauiii, Robert 11, Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Ma@or F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, and Donald Ii. IZ]iodes
Nays: None
Absent: Councilmen Clarence A. tiolland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council deferred for one week the above application of
Cometary Consultants, Incorporated, for a C of Zoning
a'lf e
h
from Residence Suburban District 4 (R-S 4) to i.ite Commerclai
District 1 (C-L 1) on certain property located on the North side
of Wit'chduck Road across from Kellaiii Road and beginning at a point
942.50 feet West of Aragona Boulevard i-unning a distance of S88.98
feet along tKe Nortli side of IVitchduck Road, running a distance of
396.47 feet along the Westerii property line and running a distance
of 320.51 feet along the Northern property line and running a dis-
tance of 676.99 feet along tlie Easter-n property line. Said parcel
contains 3.71 acres. (Rosewood Nlemorial Park-Aragona Village Areas).
.Bayside Borough.
ITEM #6253
Application of Exxon Comr)any, (J.S.A. for a Chance of 7oninq from Limited
Commercial District 1 (C-L 1) to General Commercial Distri@t 2 (C-G 2) and a
Use Permit to construct a gasoline supoly station on certain property located
at--the-@-,,oFthviest corner of Baker Road and Northamoton Boulevard, runnina a
distance of 233.9 feet along the @lorth side of @lorthamoton Boulevard, running
a distance of 283.48 feet along the llest side of Baker Road, running a distance
of 405,82 feet along the Northern orooertv line and running a distance of 250
feet along the '4estern 1)ro,..)ertv line. Said r)arcel contains 1.88 acres.
(Burton Station Area). BAYSI@E BOROUGH.'
Planning Commission Recommendation:
A motion by the Planning rommission was oassed for denial of this request as
there are sufficient gasoline supply staiions in the area.
Mr. James Pickrell, Attorney, appeared for ttle applicant.
On motion by Councilman Rhodes, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Coijncilmen Jolili A ' Baum, Robert Ii. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin., George R.
Ferrell, Charles W. Gardner, and Donald H. Rhodes
Nays: None
Absent: Councilmen Clarence A. Holland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Wdterfield, Jr.
City Council deferred until September 10, 1973, the above
application of Exxon Company, U.S.A. for a Change of ZoniTig
from Limited Commercial District 1 (C-1, 1) to General Commercial
District 2 (C-G 2) and a tjse Permit to construct a gasoline supply
statioii oii certain property I cated at tlie Northwest corner of
Baker Road and Nortliaiiil)ton Boulevard, i-tinning a distance of 238.9
feet along the Nortli sido of Northamptc)ii Boulevard, running a
distaiice of 283.48 feet along the West -si.de of Baker Road, running
a distance of 405.82 feet alojig tlie Noi@tliern property lilic and
runniiig a distance of 250 feet aloiig tli(., Western property line.
Said parcel contains ]..88 acres. Bays:icle Borough.
II'L@@l #6254
Application of Pendleton Point Associates for a @ianric of Zoninq from
Residence Duplex District 2 (R-D 2) to General CbiT.,;Lr-cia-T i@tri-ct 3 (C-G 3)
and from Residence Duplex District 2 (R-D ?) to tlultiole Faniily Residence
District (R-M) and a Use Permit to construct 792 a'narinient units @qith private
boat slids on certain ro e-rty@ ocated on the East side of South Birdneck Road
beginning at a Doint 1000 feet more or less South of Bells Road, running a
distance of 1156.35 feet along the @lestern E)roi)erty line of @qhich 747.33 feet
is the East side of South Birdneck Road, running a distance of 3345.15 feet
along the tiorthern proderty line and runninct a distarce of 3253.39 feet along
the Southern oroperty line. Said parcel is-bounded partially by Owl's Creek
and Camp Pendieton and is triangular in shape.
Parcel 1: Change of zoning from R-D 2 to R-M and Use Permit to construct 792
aDartment units (62.99 acres).
Parcel 2: Change of zoninq from R-D 2 to C-G 3 (3.44 acres).
Plats With more detailed information are available in the Office of the Depart-
mont nf City Pl,anning. (Camo Pendleton Area).,.LYNNHAVEN BOROUGH.
Planning Commission Recomm6ndation:
A motion by the Planning Comission was passed for approval of this request sub-
ject to the following:
1, Relocation of all resideritial units outside CNR Zone 3.
2, The overall density of 12.6 units per acre shall be applied,to the gross
acrbage includina that acreage in CNR Zone 3.
3, Standard site plan reqllirements to include curb and gutter, sidelialks,
pavement widening and storm drains as necessary along the frontage on both sides
of South Birdneck Road in accordance with the ultimate road section. (Engineering)
4. The entrance on South Birdneck Road is to be a standard "T" intersection,
i,e., no traffic islands. (Engineering)
5. An east-west street with a cul-de-sac at the r-,ast end of the property is to
be dedicated to the City of Virqinia Beach (60-foot right of way, fully improved in
accordance with Virginia Beach City Standards). (Engineering)
6. A north conn-@ctor street is to be dedicated to the City of Virginia Beach
(60-foot right of way, fUllY iMDroved in accordance with Virginia Beach City
Standards). (Engineering)
7. A 150-foot drainage easement alona the eastern and southeastern property
lifies is required for the Seaside t!eck Ca-n'al @l (Rudee Channel Tie). (Engineering)
8. A 50-foot drainage easement is required along the northern and southern
propertv lines on a runoff ratio basis of contributing area. (Engineering)
9, If traffic signalization is deemed necessary by the Engineering Division
at the entrance to the site, the developer will bear the cost. (Engineering)
10, The area sho@%in as boardtialk on the site plan submitted with the request
shall be bulkheaded in accordance with City standards. (Planning)
11, A parking ratio of 1.5 shall be provided. (Planning)
12, A dedication of right of way 45 feet from the centerline of the existinq
60.@foot right of ,,iay along the 747.33-foot moro or less frontage on South Birdneck
Road (15-foot dedication). (Real Estate)
13. City water and sewer. (H@ealth)
14. Recommend a larger site for active recreation be provided. (Parks and
Recreation)
15, Suggest participation in school site acquisition.
16, The soils adjacent to the dug canal in the eastern oortion are salt marsh
mud fill over "soft" marsh for a distance of 75 to 100 feet from the canal. This
is very unstable soil condition and there is no Drovision for bulkheading in the
site plan, @4hen additional load (some buildinqs are proposed) is placed on this
area it could settle and slide further out or create mud waves. (Soil Conservation)
Nlr. Joliji B. James, Attorney, appe,,ired before CouTicil requesting
a 60 day deferral.
On motioii by Vice Nlayor Frvin, seconded by Councilman lzhodes,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles IV. Gardrer, and Donald H. lzhodes
Nays: None
Absent: Councilmen Clarence A. Holland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council deferred for 60 days the above application of
Pendleton Point Associates for a Change of Zoning from
Residence Duplex District 2 (R-D to Geileral Commercial
District 3 (C-G 3) and from Residence Duplex District 2 (R-D 2)
to Muitiple Family Residence District (R-M) and a Use Permit to
construct 792 apartment units with private boat slips on certain
property located on the East side of South Birdneck Road beginning
at a point 1000 feet more or less South of Bells Road, running a
distance of 1150.3S feet along the WeFstern property line of which
747.33 feet is the East side of South Birdneck Road, running a
distance of 3345.lS feet along the Northern Oroperty line and
running a distance of 3253.39 feet along the Southern property
line. Said parcel is bounded partially by Owl's Creek and Camp
Pendleton and is triangular in Shape. (Camp Pendleton Area).
Lynnhaven Borough.
ITEM #6255
On motion by Councilman Gardner, seconded by Councilman Rhodes,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, and Donald H. Rhodes
Nays: None
Absent: Councilmen Clarence A. Holland, D. Murray Malbon, J.
Curtis Pay4e, and Floyd E. lvaterfield, Jr.
In order to be in line with the Outreach budget approved by the
Department of Justice and Crime Prevention, which was increased
$16,767 to permit the Drug Outreach Center to employ two new
tiotline coordinators, City Council appi,oved on second readirig
an appropriation in the amount of $16,767 as follows, to adjust
upward the Outreach Budget approved by the City froni $67,586 to
$84,353;
Drug Abuse outreach Program
Budget Adjustment
July 1, 1973
Ap@ropriation Amount of
Accounts
170 Compensation of Office Assistants $11,994
204 Postage 300
208 Electric Current 400
214 Membership Dues and Subscriptions 740
217 Printing 200
220 Travel Expenses and Training Schools 500
249 Croup Hospitalization insurance 35
304 Cleaning Ilatcrials and Supplies 1,400
510 Employer's Contribution Rctirement 366
513 Employer's Share OASI 732
515 Employers Insurance Contract 100
Total Drug Abuse Outreacli C(,nter $16,767
i @@ i- "i @: - @ @, L,)
On motioji by Couiicilrian Callis, secolicied by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmeii John A. Baum, Robei't H. Callis, Jr., Nlayor
Robert B. Cromwell, Jr., Vice Mayor l@. Reid Ervin, George R.
Ferrell, Charles W. Gardner, and Doliald H. Rilodes
Nays: None
Absent: Councilmen Clarence A. ffolland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council approved on second reading the following administrative
budget for the Tidewater Transportatioji District Commission and
appropriation of $26,031. from surplus funds as the City's share
of the total bu(iget of the Tidewater Transportation District
Commission for the fiscal year ending June 30, 1974:
Administrative Budget
July 1, 1973 Juiie 30, 1974
.Personnel costs
,.$21,666
Director 15,000
Program Develop,-,lent Analyst 6,250
Secretary $427 916
Employee Benefits
$ 5,150
Frina-e Be-,iefits 2,000
Moving Expenses $ 7,150
$50,066
-,OTAL Personnel Costs
Adminis rative Ex enSP-S
Office Space (Rent) $ 3,208
500
insurance 900
C)ffice Supplies 600
Posta-e
I 1,000
TelepLIo-,ie
Travel and Allo@qances 15,800
Dues and SubSS@criptions 500
office Equipment 3,000
printing - Press WOrk 800
- Copying 1,700
@22,008
Public Information $10,000
TOTAL Administrative Expenses $38,008
Contract Services
Equipment Maintenance $ 150
Legal Services (arrears) 2@000
Le@al Services 3,600
800
A.dit Services
Consultant Services 5,000
$11,550
TOTAL Contract Ser'Vices .$11,550
Cori t in i,.c ie,@ $ 4,500 $ 4,500
-j'OTAI, BIJD',;ET $104,124
ITI@@l li62-@7
On motion by Councilnian Gardner, secolided by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Frvin, George R.
Ferrell, Charles W. Gardner, and Donald H. Pjiodes
Nays: None
Absent: Councilmen Clarence A. Holland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council adopted the following Resolution pertaining to
acceptance by the City of Virginia Beach Ubemeer Street between
56th and 57th Streets:
Requested by: Vice 14ayor F. Reid Ervin
The regular meeting of the Council of the City of Virginia Beach,
Virginia, v7as held in the Council Chambers of the Adninistration Building
of the City on the 20th day Of August 10,73, at 2:00 P.M.
On motion by Mr. Gardner and seconded by Mr. Ferrell
the following resolution was unahimously adopted.
R E S 0 L U T I 0 N
WHEREAS, a plat entitled "Ubemeer, Situate in Princess Anne County,
Surveyed for Emerson-Masury, June, 1926, Scale 100' = 1" has been recorded
in the Clerk's Office of the Circuit Court of,the City of Virginia Beach;
and,
WHEREAS, there 6xists on said plat a 20 foot way between 56th Str'eet
and 57th Street; and
WHEREAS, it is the desire of the Council of the City of Virginia
Beach to forma.11y accept this dedicated public way.
THEREFORE BE IT RESOLVED BY THE CONICIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the 20 foot public way shown on the above mentioned plat between
56th Street and 57th Street is hereby formally accepted as an intergral
part of the streets and highways system of the City of Virginia Beach,
Virginia.
ITEM #62S8
On motion by Councilman Ferrell, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert @l. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid f7rvin, George R.
Ferrell, Charles W. Gardner, and Donal(I fl. Rhodes
Nays: None
Absent: Councilmen Clarence A. llolland, D. Murray Malbon, J.
Curtis Payne, ajid Floyd E. ivaterfield, Jr.
City Council approved tlio following Orklinanco to amend and reordain
Chapter 38 of tli-- Code of tlie Citv of %'irgiiiia licach by adding
Sectioii 38-7 entitled "Poiiitiiig @i@id bi-aiidisliing fil,carin or object
siiiiilar i.n a caraiice."
AN ORDINANCE TO A'@,lFtiT) AND REORT)AT.N CIIAPTER 33
OF TliE COJ)E OF T'IE CITY OF VTRGINIA BEACH BY
ADDING TTIERETO SECTI(Jiq 3,3-7 FNTITI,i,7,D POINTING
OR BPANDISHING FIRT'@R,14 OR OBJECT STMILAR IN
APPEARANCE
BE IT ORDAINED BY TIE COUITCIL OF T,iE CITY OF VIRGINIA BEACH)
VIRGINTA:
That Chapter 33 of the Code of the City of Virginia Beach,
Virginia is amended and reordained to read. as follows:
Section 38-7 Pointing or brandishing firearm or object similar in
appearance.
(a) It shall be unlawful in this City for any person to point,
or brandish any firearm, as hereina@ter described, or any object
confusingly similar in appearance to a firearm, whether capable
of being fired or not, in such manner as to reasonably induce fear
in the mind of another. Persons violating the provisions of this
section shall be guilty of a misdemeanor.
(b) Any police officer, in the performance of his duty in making
an arrest under the provisions of this section shall not be civilly
liable in damages for injuries or death resulting to the person being
arrested if he had reason to believe that the person being arrested
was pointing, or brandishing such firearm, or object which was confus-
ingly similar in appear ance to a firearm, with intent to induce fear
in the mind of another.
(c) For purposes of this section the word "firearm" shall mean
any weapon in which ammunition may be used or discharged, by explosion,
or pneumatic pressure. The word "ammunition". a; used herein, shall
mean cartridge, p&llet, ball, missile or projectile adapted for use
in a firearm.
An emergency exists and this ordinance shall be effective from
date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 20th day of August 1973.
For similar State la@,7 see Code of Virginia 18.1-6@,.2
DIIY: er
ITEM #6259
City Council deferred for one week consideration of an Ordinance
to amend aiid reordain Chapter 37 of the Code of the City of Virginia
Beach relating to watel, supply.
ITEM #6260
City Council deferred consideration.of a Viewers report relative
to closing Pacific Avenue at 40th Street, in the Virginia Beach
Borough.
ITEM #6261
On motion by Councilman Gardner, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes:@ Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Cha@les W. Gardner, and Donald H. Rhodes
Nays: None
Absent: Councilmen Clarence A. Holland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council approved the following tax refunds in the amount of
$ 7 1 2 . 4 0 :
'@TO: Nfr. Dale Bimson City Attorney
Date- Aug. 14, 1973
RO,li: tlr. V. A. Treasurer
ECT: ApplicaLion for Tax Ieiuilds:
f-r rc4unA of taxcs tc-.aling 712.40
certified for payment, as set forlil i
V. A. Etheridee. Trc!a-@urer
"Kax I @-r-I t@
Tax Type Datc
Ticket tion ------ I
Paid Base alty est
Name Year of Ta-, Niimber No.
gene J. Cousin 19 73. CD 11149 1/11/73 -15.00 15.00
len F. Hamiltor
ester F Hamilttn 73 CD 61656 1/5/73 15.00 15.00
rvell Scott Jr. 73 Tr 2587 1/ 73 3.50 3.50
pton H Sewell 73 @D 36826 6/11/73 15.00 15.00
rnard Duty 73 CD 8962 1/26/73 i5.00 15.00
i;deri of the @ires
t Memorial 73 RE 18687 1792 6/20/73 32.76 32.76
e Southland
rp. 7-11 73 PP 71714 8810 6/18/73 34.62
7 17 1 5 8101 41.82
71716 8811 20.52
71717 8813 29.40
@1720 8814 46.68
71721 8807 15.72
71734 8806 35.70 224.46
e--sto,P. A. Ji.r & Hq)nah Z.
E CHECK PAYABIJE TO:
easurer, City If fir@inia leach
be applied to#1973 l@, #5 @90 1/2
1973_1 IZE l@05 1/2 1458 5 /2 9 /73- 1 391.681 I 1 391.68
ve
7
ITEM #6?.62
On motion by Councilinan Ferrell, seconcled by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Donald H. Rhode@
Nays: None
Absent: Councilmen Clarence A. Holland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council approved the low bid of L. J. Hoy, Incorporated, in
the amount of $66,369.00 for the construction of the Centeral
Warehouse, and further authorized the City Manager to execute the
necessary documents to proceed with this project. Funds are
availlable for this construction.
ITEM #6263
On motion by Councilman Gardner, sec6nded by Vice Mayor Ervin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, and Donald H. Rhodes
Nays: None
Absent: Councilmen Clarence A. Holland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council approved the low bid of L. J. Hoy, Incorporated, in
the amount of $103,969.00 for the construction of a Paint and
Welding Shop at the City Garage, and further authorized the City
Manager to execute the necessary ducuments to proceed with this
project. Funds are available for this construction.
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ITE@l #6264
The matter of the parcel of land reserved for future public use
in Carolanne Farms subdivision was deforred. Mr. Sam Houston, Jr.
appeared before City Council in behalf of the Carolanne Farms Civic
League requesting City Council consider very carefully tlie use of
the land for a public park before authorizing its reversion to
the developers of Carolanne Farms.
ITEM #626S
On motion by Councilman Rhodes, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice @ayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, and Donald H. Rhodes
Nays:' None
Absent: Couilcilmen Clarence A. Holland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council approved the application of Sea Sprite Circle of
Kings Daughters for Bingo Game and/or Raff@@es.
ITEM #6266
Councilman Baum presented the following Resolution regarding
data and records in the matters pertaining to the proper drainage
procedures for Nicholson Creek (Pine Tree Creek), Thalia Creek, and
Princess Anne Plaza. Copies of which are to be kept in the office
of the City Clerk.
On motion by Councilman Baum, seconded by Vice Mayor Ervin, and
by recorded vote as follows:
Ayes: Councilman John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, Charles W. Gardner, and Donald H.
Rhodes
Nays: Councilmen Robert H. Callis, Jr., and George R. Ferrell
Absent: Councilmen Clarence A. Holland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council adopted the following Resolution regarding to the
proper drainage procedures for Nicholson Creek (Pine Tree Creek),
Thalia Creek, and Princess Anne Plaza:
R E S 0 L U T I 0 N
WHEREAS, pertinent data and correspondence in the matters of
Nicholson Creek (Pine Tree Creek), Thalia Creek and in Princess Anne
Plaza should be maintained in proper order, and the volume of such
material being bulky, the City Clerk is directed to establish and main-
tain-a file of all cognizant correspondence, data and records of the-
matters perthining to the proper drainage pro.cedures for Nicholson
Creek (Pine Tree Creek), Thalia CreeR, and Princess Anne Plaza. Copies
of all correspondence between the various parties concerned, including
press releases, correspondence with the Army Corps. of Engineers, the
Soil Conservation Service, and such other correspondence as may be in
order shall be submitted to the City Clerk and be maintained in a file
in the City Clerk's office. The subject file shall be open for public
perusal during all regular office hours.
ITENI #6267
Vice Mayor-Ervin informed Council the item on the formal agenda
regarding petitions on @-ioi-se was a matter relating to the operation
of a business op. Virginia Beach Boulevard. A petition was presented
by the people who live in Eastern Park, and it was discussed, with
representatives of the area, in Informal Session.
ITEM.#6268
Mayor Cromwell informed Council that in the area of Hilltop,
adjacent to the Norfolk-Virginia Beach Expressway, there is no
roof screening. Mayor Cromwell asked the City Manager to check
into this and report back to Council.
ITEM #6269
On motion by Councilman Ferrell, seconded by Councilman Callis,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor-F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, and Donald H. Rhodes
Nays: None
Absent: Councilmen Clarence A. Holland, D. Murray Malbon, J.
Curtis Payne, and Floyd E. Waterfield, Jr.
City Council noted its intention to hold a closed meeting on Monday,
August 27, 1973 for the purpose of discussing items permitted for
discussion under Section 2.1-344, Sub-paragraph 1 and 6 of the
Freedom of Information Act of the Commonwealth of Virginia.
ITEM #6270
On motion by Councilman Callis, seconded by Councilman Ferrell,
and by unanimous vote, the meeting adjourned.
Richard J. bbon, City Cle-rT Robert B. Cromwell, Jr., Mayor
City of Virginia Beach,
Virginia
August 20, 1973