JUNE 3, 1974
NIINUTES OF THE HONORk'@LE CITY COUNCIL
OF ']'IIE
CITY OF VIRGINIA BE,\CH, VIRGINIA
June 3, I'@74
The regular meetin@ of the Council @)f 1 lie City of Virginia Beach,
Vir,inia, was hcld in tlie 1-@ouncil (:i in the Administration
Building, in tlie Boroti.@h of Prince,@@, A@i-ie, on Monday, June 3, 1974,
at 2:00 p.m.
The invocatio,-i @,as ,3iveit by the R@, @et illafk Ston@,, Loi-idon Bridie
Baptist Church, Virginia Beach, Vi.r,,in.a.,
Councilmen present: John A. Baum, Rob(,rt H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., George R. Ferr-ell, Charles W. Gardner,
Clarence A. Holland, Garland L. Isdell, D. Nlurray Malbori, and
Floyd E. @iaterfield, Jr.
Councilmen absent: Vice Mayor F. Reid Ervin, and Councilman J.
Curtis Payne
ITEI@l #7171
On YqDtion by Councilman Gardner, secoilded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., @layor Robert
B. Cromwell, Jr., George R. Ferrell., C@iarles Vi. Gardner, Clarence A.
Holland, Garland L. Isdell, D. Nlurrav ',Iali)on, and Floyd E. Waterfield, Jr.
k4ays: None
Absent: Vice Nlayor F. Reid Ervin, and Councilman J. Curtis Payne
City Council approved the ninutes of the re,ular r@leeting of@lay 20,
1974, and dispensed witn the reading of the said minutes inasmuch as
eacti Councilman had a copy of the subject minutes before him.
ITE,I.l #7172
Petition of A. L. ',,Iood by Grover C. Wright, Jr., Attorney, for a Chanqe of
Zoning District Classification from R-8 Residential District (forer y R-2) to
F-4-Apartr,.ent Distric-L- formerly R-3) on cer@ain property located at the llorthwest
corner of Baltic Avenue and 25-h Street, rlinriing a distance of 140 @eet alona the
l@'est side of Baltic Avenue, running a distance of 100 f@@t along t,',.e [,!orth side ol@
25th Street, running a distance of 140 feet along the Western pro-e-ty line and
running a distance of 100 feet along the Northern property line. Said parcel is
known as Lots 1, and 5, Block 127, Virginia Beach Development -@.-@@-@pany, tlap @@o. 6,
and con@Lains 14,000 square feet. VIRGINIA BEACH BOROUGH.
Planning CoTmission R,,ccmmenda'Lion:
A n,,otion i@ias passed by the Planning Conmission for denial of this request as the
existing duplex zonii,,g serves as a transitory buffer betvieen higher density Eas-L
of Baltic Avenue and single family zoning t,lest of t,'.editori-anean Avenue.
,Nlr. Grover C. lvright, Jr., Attorney, repr--sented the applicant
Oil notion by Councilman Callis, seconded by Councilman %Ialbon, and
by recorded vote as follows:
Ayes: Cc)unciinerl John A. Baum, Robert 'i. Callis, Jr., Mayor Robert
B. Cromwell, Jr., -leor@e R. Ferrell, Charles tV. Gardler, Clarence A.
tioliand, Garlan@. L. Isdell, D. i',Iurray i%falbon, --,rid Floyd E. Waterfield, Jr.
'4ays: None
Abse,-it: Vice ',Iayor F. Reid Ervin, and C,un,ilman J. Curtis Payne
Ci L,,-
ORDINAiNCE UPON PETI@'ION OF Z0674054
P. L. WOOD BY GlkOVER C. WRIGHT,
JR. , ATTOR.NEY , '@OR A C:H.AINGE OF
L'ONI.NG DISTRICT CLASSIFICAI'ION
FRO,%l P,-8 Residential District
(formerly R-2) FO A-1 Apartment
Flistrict Cfornier-ly R-3)
Be it ordained by ttie Council of th@E' clty of Vir.,inia Beach, Virginia:
Petition of A. L. @Vood by Grover C. iVri.@ht, Jr., Attorney, for a Change
of Zonirig 1.)istrict Classification frou, R-8 R(,.sidenti-al District (formf v
R-2) to A-1 Apartment District (foy'nierly R-3) on certain property locz
at the Nortliwest corr@ey of Baltic i',vellue, and 2S-uli Street, running a
distance of 140 feet alc@n-I tlie I'@est side of Baltic- Avenue, running a
distance of 100 I-ect ii@4c@lig- t'f I )f 25ti) Stj-(-@c-,t, runnin@. a
distance of 140 feet aloii-. the ,Iestern property line and running a
distance of 1.00 feet a.l.ong the Nortljein property line. Said parcel is
known as Lots 1, 3, and 5, Block 127, Virginia. Beach Development Company,
i,lap iNo. 6, and contains 14,000 square feet. Virginia Beach Borough.
For the information of the applicant, prior to the issuance of the
buildin@. permit, the following will be required I)y the administrative
staff:
1. Standard site improvements ip accordance with the Site Plan
Ordinance
2. Participation in school site acquisition in the amount of
$588.94; this figure is based on the construction of 11 apartments
.and may be adjusted at the time the building permit is issued to
reflect any chaiiges.
ITEiA #7173
Ipplicationoi'AriUiamD. PorterandKathleenJ. HaUfor&Conditionaluso
.@--rmit to @rate a bicycle rental in conjunction with the Sheraton Beach Tw@
an certain property located on the East side of Atlantic Avenue on the North
sizie of 36th Street at Oce@ront. Said parcel is known as a part of lot 1,
--31ock 85, and contains 200 square feet. VIRGli@ B@CH BOROUGH.
Planning C asion Recommandation:
A rnotion w&* passed un&sximously by the I?@ing Commission to approve
t'ns rl-quest subject to the following conditions of Section ZZI of the Compre-
h@ansive Zoning Ordinance:
1. Not mora than forty bicycles per zoning lot shau be permitted.
2. A fence or wall not less than thre* nor more than six feat in height
shall be provided around the establishment on private property and
niaintained in good condition.
3. Only one non-illuminated sign in connection with the establishment
shall be allowed, provided, however, that the surface area shall not
exceed four square feet and further provided, t@t no sign oriented to
the beach shall be permitted.
!'is. Kathleen J. Haii appeared for hor @ippli.cation
On iiiotion by Councilman Callis, seconded by Councilr,,ian ivlalbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert ff. Callis, Jr., Mayor Robert
B. Cromwell, Jr., George R. Ferrell, C4arles W. Gardner, Clarence A.
liolland, Garland L. Isdell, D. i%lurray %lalbon, and Floyd E. IVaterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin, and Councilman J. Curtis Payne
City Council adopted the following Resolution upon application of
@Villiam D. Porter and Kathleen J. Hall for a Conditional Use Permit
to operate a bicycl-- rental in conjunction ivith the She-aton Beach
Inn:
R-FSOLUTION UDON APPLICA'FION OF P,674009
@VILLIANI D. POR]":R ANI) KATIJLEEN
J. HALL FOR @k (@').N))Il'IONAL USE
PLR,\,Il'f TO OPI:l@@i@ ,@ BFCYCLE
RE.-NTAL li@ CONJU@;(@I'TON L@ITH THE
SHEi;L@'rO@N BEACii [@NiN
Be it ordained by th-- Council ol- of Virginia Beach, Vir.@inia:
Application of lvilliam D. Porter and K@).thleen J. Hall for a Conditional
Use Permit to operate a bicycle rental in conjunction with the Sheration
Beach Inn on certain property locatc-,(l )ji the East side of Atlantic Avenue
oii the Nortli side of 36tti Street @it Oc,,@irifront. Said parcel is known as
a part of Lot 1, Block 85, and cot-it@i@i.ri, 200 squai@e :feet. Vir@.inia Beac@l
Borou.@h.
Approval is subject to the followin,., c@nditions of Section 221 Corppre-
hensive Zoning Ordinance:
1. Not more than forth bicyc:les )er zoning lot shall be permitted.
2. A fence or wall not less tlian three nor more than six feet in
height shall be provided around tlie establishm--nt on private property
and maintained in good condition.
3. Only one non-illuminated sign in connection with the establish-
ment shall be allowed, provided, liowever, that the surface area shall.
not exceed four square feet aild fiirther provided, that no sign oriente
to the beach shall be permitted.
ITE@f #71 74
On motion by Councilman Gardner, secon,led by Councilman Callis, and
by recorded vote as follows:
Ayes: Councilmen John A. Baur@i, Robert ii. Callis, Jr., ',Iayor Robe'rt
B. Cromwell, Jr., George R. FeTrell, Cliarle--, @V. Gardner, Clarence A.
ilollaiid, Garlaiid L. Isdoll, D. iiurr,,iy @,lalbon, and Floyd E. Ivaterfi--Id, Jr.
@4ays:
None
Absent: Vice Mayor F. Reid Ervin, and J. Curtis Payne
City Council approved on second readin,, an appropriation of $3,600 to
the Clerk of the Circuit Court's budge'@ account 06041 for the purchase
of 100 deed books.
ITEM #71'7'D
On motion by Council@-,ian %Ialbon, second(@d by Councilman Cardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 11. Callis, Jr., I'layor Robert
B. Cromwell, Jr., George R. Ferrell, Cliarles tV. Gardner, Clarence A.
Tiolland, Garland L. Isdell, D. @lurray @talbon, aiict Floyd -E. @@Vate.-field, Jr.
Nays: i@one
Absent: Vice Mayor F. Reid Ervin, aiid Councilnian J. Curtis Payne
City Council approved on second Teadin,., the appropriation of an additional
$1,848 to City Council budget account (IS210 to permit Vir.@inia Beach to
iiiake its final quarterly payment to th(., Southeastern Virginia Plannin@
District Cominission. (Aii appropriatioit of $31,379 had previously bee'n
approved by Council as Virginia Beach's per capita contribution to the
SVPDC).
I'FE,%l @@7j 6
On mo-@ion by Councilman Ferrell, secon(.Ied bv C:ouncilman Gardner, and
by recorded vote as foliows:
Ayes: Councilmen Jolin A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell., Jr., George R. Ferrell, Charles @V. Gardner, Clarence A.
Holland, Garland L. Isdel.1, D. Nluri'ay Malbon, and Floyd E. @Vaterfield, Jr,
@Nays : Noiie
Abseiit: Vice Mayor l@. Ileid F.rvin, and Councilman J. Curtis Payne
City Council approved oii second reading authorization to the Purchasing
Agent to issue a purchase order to the Tidy Corporation for 16 Diamond
Reo trucks for a delivery price of $32,343 per unit (a total of $517,488).
The cost of this equipment is less tihan the amount budgeted for this purpo:
ITEM #7177
On -,iotion by Couiicili,@ian Malbon, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., ilayor Robert
B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, Garland L. Isdell, D. Nlurray Malbon, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin, and Councilman J. Curtis Payne
City Council approved on second reading the reallocation of $SSO,000
of existirig Federal Revenue Sharing fuqds to the Trantwood area for
sanitary sewer facilities.
ITEM 47178
On motion by Councilman Gardner, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A.
liolland, Garland L. Isdell, D. Murray Malbon, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin, and Councilman J. Curtis Payne
City Council approved on second readin., the appropriation of $2S,000
for the Shoreline Erosion Control Corporation.
ITEM #7179
Oii motioii by Counciinian Callis, seconded by Councilman Gardner, and
by rocorded vote as follows:
Ayes: Councilmen John A. Baum, Robert Ii. Callis, Jr., Nlayor Robert
B. Cromwell, Jr., George R. f@errell, Charles IV. Gardner, Clarence A.
Ifolland, Garland L. Isdell, D. ,iurray Malbon, and Floyd E. l;aterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin, and Councilman J. Curtis Payne
City Council voted to reti,.rn to the Planning Commission, for study,
a site of land located on the south side of Laskin Road, east of
Oi-iole Drive. The property is currently zoned 1-1-1 and is known as
t',Ie Surf an(i- Sand Motel.
,@i locioii @)" -L)Llll@l -@ -) - - J.@ @,@ , @ - -, -- @, -@ - - - I
by recorded vote as @@-c)llows:
Ayes: Colincilmen John A. Baum, Robei@t fl. Callis, Jr. @lavor LR(-jb--rt
I
B. Cromwell, Jr., George R. Ferrell, CiLarles IV. Gardner, Clarence A.
Holland, Garland L. Isdell, D. %Iurrav @Ialbon, and Floyd E. tvaterfield, Jr.
,\@7ays :None
Absent: Vice @layor F. Reid Ervin aiici @. C@urtis Payne
City Council approved the followin.@ ordinance portions of
subdivision plats which created certaiii utility and drailage ease-
ments on certain property in the Bayside Borough:
,qs
AN ORDIIANCE VACATING PORTIO, OF
@U-3DI@,rISION -P@@'rS '47,4-LCIi CRZATED
CERTAIN UTILITY .@@@D D-DAINAGE EASE-
,@,ENT-S ON A CEIT@@IN PAOPERTY i-N
BAYSIDE BOROUGH, VIRGI,@ILA BEACH
WHEREAS, certain five (5) foot utility and drainage easements as
shown on plats recorded in the Clerk's Offi-ce of the Circuit Court Of
th-- City of Vir@.inia Beach in Map Book 76, at Page 30, in Map Book 84,
at Page 35, and Map Book 96, at Page 18, were dedicated to the City of
Virginia Beach, Virginia, for the installation and/or maintenance of
utilities and drainage facilities, in--luding surface and underground
drainage and underground and overhead utilities; and
WHEREAS, Aspinwalls-Richards Enterprises, the owner of a parcel oi:
land over which some of said easenents run, has applied for vacation of
so-,ne of said easements; and
'WHEREAS, public notice of intenti3n to vacate said easements has
been given by publication and advertis,2ment as required by law; and
WHEREAS, the portions of said easements to be vacated are not
necessary to drain said properties and sa4-d easements have not been
used and are no,, necessary @or overhead and under.-round utilities or
any public utility installation;
BE IT ORDAINED BY THE CITY COU'ICIT- OF THE CITY OF VTI-TGINIA 3EACH)
VIRGINIA:
Section 1. That the following portions of subdivision plats con-
s"itutin.@ three easenents for th-- inst:illation and/or mainte,-iance of
utilities and drainae facilities on a parcel of land o@-ined by Aspinwalls-
Richards Enterprises and located in Bayside Borou-.h of tlie City of
Virginia Beach are hereby vacated pursiiant to Section l@.1-482(b) of the
Code of Virginia, said easements more particularly described as follows:
(1) An easement 5 feet ii widtli and 500.92
feet in len@th, covering that portion of Parcel I-A
which is south of the line with bearing S 82*33'59"
E which constitutes the boundary of @Parcel I-B to
the north and Parcel I-A to the south as shown on
that plat of survey entitled "Subdivision of Parcel
I o-@ -Dubdivision of Parcels '3' and 'C' Far-Go Van
Lines, Inc., for Aspinwalls-Richards Enterp-ises,"
dated November 20, 1972, and recorded in the
Clerk's Office of the Circuit Court of
Virginia Beach in Map Book 96, at Page 18;
(2) An easement 5 feet in width and
162.12 I-ee@ in length, covering that portion
or Parcel 1-A which is west of the line with
bearing S 07*9-6'0111 W which constitutes the
boundary oE Parcel 1-B to the east and Parcel,
!-A to the west as shown on said plat; and
(3) An easement which is five (5) feet
in width and 895.86 feet in length, coverin@
the sou-@herly 5 feet of Parcel I-A as shown-
on said plat; said portion also constituting
an easement 5 feet in width and 895.86 feet
in lenath covering the southerly 5 feet of
Parcel I as shown on that plat 0 survey en-
titled "Su@Ddivision of Parcels 'Bi and -'ct
Subdivision for Far-Go Van Lines, Inc., Bay-
side Borough, Virginia Beach, Virginia, for
Richard G. Maher & Patricia J. Maherl" dated
September 18, 1970, and recorded in said
Clerks Office in Map Book 84, at Page 55; said
portion also constituting an easement 5 feet
in widtq and 895.86 feet in length, covering
the southerly 5 feet of Parcel "C" as shown
on that plat of survey entitled "Subdivision
for Far-Go Van Lines, Inc., 3ayside Borough,
Virginia Beach, Virginia," d-ited March 18,
1968, and recarded in the Cl@rk's Office in
Map Book 76, at Page 30.
Said easements to be vacated are shown on that cer,@ain plat
(,ntitled "Amended Plat Showing Vacation of Five Foot Easements, Sub-
division of Parcel I of Subdivision of Parcels 'B' and 'C' Far-Go Van
Lines, Inc. For Diamond Industrial Park, Scale 1" = 100', May 2, 1974,
Bayside Borough, Vir@inia Beach, Vir@inia, Duncan & io'nnson, Ltd.,
Engineers and Surveyors, Virginia Beach, Virginia," which plat is re-
corded in said Olerk's Office in @lap Bc)ok le
3 , at Pa@e
Section 2. That this ordinance sliall be effective @rom and after
date of adoption.
Adopted by the City Council of the City of Virginia Beach, Virginia,
on this 3 day of June 1974.
@@BIV/cj
6/3/74
On motion by Council;nan Holland, secon(l.ed by Coun@ilman ,\Ialbon, Llid
by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Robert H. Callis, Jr., 1%layor Robert
i3. Croirtwell, Jr., George R. Ferrell, Cl,arles @V. Gardner, Clarence A.
ilolland, Garland L. Isdell, 1). l,lu-ra@ :@ @li@on, @ijid Floyd E,. 'Vaterfield, ii
@Nays: None
Absent: Vice Mayor F. Reid Ervin, and Councilman J. Curtis Payne
City Council approved the following Ordinance authorizina the vacation
of utility and drainage easement on cel'tain property in the Bayside
Borough.
AN 0,RDINiINCE AUTHORIZING THE VI@CATION
OF UTILITY AND DRAINAGE F-ASEMENT ON
CERTAIN PROPEPTY IN BAYSIDE BOROUGHP
VIRGIDTIA BEACH, viaGiNIA
BE IT ORDAItzD BY T',IE CITY COU--NCIL OF THE CITV- OF VIRGINIA
Ba@CH, VIRGINIA:
WHEREAS, a fifty (50) foot utility and draina@e easement was
dedicated as shown on that certain pla@- recorded in @lap Book 79, at
Pa@e 41, in the Clerk's Office o" the -Uircuit Court o@@ the City of
Vi-rginia Beach, and
WHEREAS, it has been deternined t,iat tha south--rnmos-@ fifteen
(15) @-oot portion of the above said easari--nt is no lon@er of any use
to the City and the same snould be disposed ol- and vacated.
NOWP T,@-, EFORE, BE IT ORDAINED BY =@ COUNO-IL OF THE@ CITY OF
VIRGINIA BEACH, VIRGINIA:
That t@ae sou-lhernmost fif-@een (15) -Foot portion of the utility
and drai-na@e easement as described on t'nat plat entitled "Plat Showing
I-ortion oz' Easement To Be Vacated Across Property o@@ Lee A. Gifford
(I,I.B. 79, P. 41) for L(,e A. GifL-o-.,d, @--,Liysile -3oroug@,,i - @@li-rFinia 3@-ach,
Virginia" dated @lpril, 1974, niacie by -,,tarsh ancl. Bas-lier, l@-ic., P.C.
En,-Ilnee-s. Surveyo-s, Planners, Scale 1" = 60', a -opy @of said @3la--
'-,n- altaclied hereto, be and the sa7,,e is hereby vacated.
This ordinance s.qall be effective! fro,,q date of adoption.
Adopted by the Council of the City of Vir@-4-nia Beach, Vir,inia,
on the 3 day o-F June 1974.
J@%r@:kc, 5/21/74
ITEM k7 82
Nlr. Phillip Green appeared before (@it), Council regarding the following
Ordinance. Mr. Ureen. su.@@.ested that the ordinance be amended to read
'certain times of the day such as froii 6:00 p.m. to 9:00 a.m.l.
Councilinan Callis su,.@gested that some provision be made for sailboats
such as certain areas after certaii, liours.
City Council, deferred c)r c)ne week th(@ consid-ration of the followin@.
Ordiiiance to amend and reordain (:hzipt@@r 6, Ar-liclc II, relating to
water safety by addin., a prOViSiOfi Dr@)hibiting surf casting in the
littoral waters of the Atlantic Ocean in the area north of Second
Street to Cavalier Drive between May ]5th and September 30th; and
further requested tile City Manager to make recommendations as to
hours for surf castiiig and also certai.n hours for sailboats:
AN ORDIINANCE TO AMEIND AND REORDAIN
Cii)-DTER 6, ARTICL7- II, REIATING TO
V7ATER SAFETY BY ADDING A PPOVISION
@DROHIBITING SURF CASTING IN THE
LITTORAL 14ATEIS OF T,[E A@4TIC
OCEAN IN THE AREA NORTH OF SECOND
STREET TO CAVALIER DRIVE BETT,4EEN
@IAY 15th AND SEPTEMBER 30tli
BE IT ORDAINED BY THE COUNCIL OF THE CII-Y OF VIRGINIA BEACH,
VIRCI-,i!A:
It shall be unlatqful for anv person to surf cast in the littoral
@qat--rs of the Atian-@ic Ocean in the ar,2a north oi Second -otreet to
Cavalier Drive bet,4een the period of @iav 15-@h through September 30th.
-.his ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Vir-i-.Iia Beach on the
day of 1974.
:ic)ci on )v L,)uiicl -iii-
'oy recorded vote as @--oiiOW5:
counc-ilmen Jo fin A. Baurl, POD --r-t ii. CaIIis , Jr @lay or Rofier'@
B Cromweli, Jr. , Geor.ue R. Ferrell, C:Itariei (,ardier, Clarence
liolland, Garland L. Isdoll, D. %lurrav 'wlj.lbon, ,Ind Floyd @-. @Vaterfield, Jr.
,Nays- None
atid Councilriall J. Curtis Payne
,kbsent; Vice Mayor F. Reid Ervin,
City a----oved the following Appointment of Viewers relative to
@r
closing an unnamed street on the plat c)f Weaverville, in the KempsviLie
Borough:
IN THE MATTER OF: CLOSING, VACA CILNG )
IA'LqD DISCONTITiUlNG A CERTAIN ill@,4A@'FD)
ISTREET BETI-TEEN LOT 16 AND 17 Oli [;HE PLAT)P E T I T I 0 N
'OF WEAVPRVILLE, ilkp BOOK 32, @@o , )
CIRCUIT -IOURT OF THE CITY OF VIR@@INIA )
BEACH, VIRGINIA )
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH
Your Petitioners, J. M. ROGERS, MAEBELLE E. ROGERS, OTIS
BISHOP and ANNE BISHOP, respectfully represent as follows:
1. That pursuant to the provisions of Sections 15.164 of
the Code of Virginia, 1950, as amended, the said Petitioners apply
for the vacati-ng, closing and discontinuance of that certain un-
named street situate in the City o-r- Virginia Beach, Virginia, and
described as follows:
THAT certain unnamed street l(@cated between Lot 16
and 17 on the Plat of lieaverville, located near
Kempsville in Princess Anne County, Virginia, which
Plat duly recorded in Map Book 32 at Page 30, said
street running in an easterly-westerly direction
between said lots from Kempsville-Courthouse Road,
as shown on said Plat, now known as Princess Anne
Road.
2. That no inconvenience will result to any person by
eason of said closing, vacation and disconti'-Iuance of said street,,
nd Petitioners pray that this Honorable Council anpoint viewers
s provided by the aforesaid statute to view this portion of said
Lnamed street proposed to be closed, and report in writing to thisi
ouncil on or before the (lay of 1974, whether,
Ln the opinion of said viewers, any, and if a-ziy, what inconvenience
i
@ould result in the discontinuanc@e of said unnamed street heretofor
escribed.
3. That on the day of May, 1973, Notices of the Pre-
entin- of this Applicati--)n were posted at the CoLirt House at the
f@RYDGES, HA.,Il,[ERS ircuit Court of the City of VirE,'inia Beach, @-irginia, and in two
AND li!JDGINS
A@ I,,
VII.IIIA ublic places, as evidenced by the return of service of the Sherif@
of said City of Virginia Beach, attached hereto, and that the
landowners along and adjacent 1--o said unnamed street desire an,
request said unnamed street to be closed, inasmuch as the
Petitioners herein are the abutting owners of said property.
J. M. ROGERS
MAEBELLE E. ROGERS
OTIS BISHOP
ANNE BISHOP
RESPECTFnLY S
BY/
Z,
z@.-'EDWARD HUUG
BR@'DGES, HA.%I.Nf-,Rs
,%ND HUT)GIN@@
A, LA@
VI@@l IIA
ORDINANCE APPOINTING VIEliERS
Gr-,RS, MAEBELLE E. ROGERS, OTIS BISHOP
WHEREAS, J. M. RO
and ANNE BISHOP, have given due and proper Notice,in accord with
the statutes with such cases uade ai-id provided, that they would,
on this day, apply to the cil,y (:o,-mcil of the City of Virginia,
Beach, Virginia, for th6 Appointmett of Viewers to view the below
described property, and report in writing to the Council whether,
lin the opinion of said viewers, any, and if any, what inconvenienc
lwould result from the discontinuing of hereinafter described un-
linamed street, in the Kempsville Borough, City of Virginia Beach,
!Virginia, and have filed such @ipplication with said Council; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGTNTA,
THAT-George L. Hanburv, Charles C. Carrington & K. W. Flemi@:
are hereby appointed to view t'le below described property, and re-
port in writing to the Council on or before - 11
!.whether in their opinion any, and if any, wliat inconvenience
ilresult from the discontinuing, closing and vacating of that certai
iunnamed street located in the Kempsville Boroligh, City of Virgini
'Beaca, Virginia, and described as follows:
TiiA'I: certain unnamed street located between Lot 16
and 17 on the Plat of Weaverville, located near
Kempsville in Princess Anne Countv, Vir@inia, @,Tbich
Plat d,ily record@@d in Map B,,ok 32 at Pa,,e 30, sa@d
street running in an easterl-y-i4esterly direction
beL7,,een siid lots from Kemp@;ville-Courthouse Roar!.
as shown on said Plat, now @@no@4n as Princess AnT,.e
Road.
REPORT OF VIE@QERS
We, the undersigned viewers, having viewed the below descri@
od property, to-wit:
THAT certain unnamed street located between Lot 16
BRYDGES, HA,\INl and 17 on the Plat of Weaverville, located near
ERS Kampsville in Princess Anne County, Virginia, which
AND HLIDGINS
A, L,@ Plat: duly recorded in Map Book 32 at Page 30, said
street -,inning in an direction
between said lots from Kempsville-Courthouse Road,
as shown on said Plat, now known as Princess Anne
Road.
AND it is our opinion that no inconvenience to the public
iiould result in discontinuing, closing and vacating the above
scribed street area.
DATE:
BRYDGES, HA@,fNIERS
AND HUDGINS
Al@.,@,@ A, L.,@
bl@l., VIII@ll@A
On i-,lotion by Councilman Ntalbon, s--corid,,d by C:ou@a@iiinan Ferreil, ,L-Ili
by recorded vote as follows:
Ayes: Councilmen John A. Baum Robert Ii. Ca.Ili-S, ,,Iayor Robert B.
('roiiiwell, Jr., (-,eor@.e R. Ferrell, @lls W. Gardner, Clarence A.
Hoiland, Garland L. Isdell, D. Murr@i@, @@albon, anci Floyd L-. @laterfield, Jr.
@Nays: None
Absent: Vice @layor P. Reid Erviri, anci (-ouncilman J. Curtis Payne
City Council denied the following strek.,t closure relating to Green
iiill Road in the Lynnhaven Borou.@h. Tlte deniel was due -lo the
inconvenience it would cause the ptjl,li,-.
Ai4 ORDINANCE CIIC)SING, VACATING
Ati'@) DISCO,@" Ju A PDIZTIO@I OF
GREEN HILL ROAD, LOCATED IN THE
BOROUGH OF LYNNHAVEN, IN TIIE CITY
OF VIRGINIA BEACH, VIRGINIA
IIHEREAS, proper notice tliat F. Patrick Kavanaugh would
make application to the City Coitncil of the City of Virginia
Beach, Virginia, to have the hereinafter described portion of
Green Hill Road closed, vacated and discontinued, and was duly
posted; and
@MEREAS, application was made to the City Planning
Comriission and to the City Counc!il, and, pursuant to the
statutes in such cases made and provided, the Council appointed
Viewers who have reported to th(, Council that no inconvenience
to the public or private indivictuals would result from such
closing, vacating and discontinuance;and
'o7HEREAS, it is the judgtqent of the Council that said
portion of Green Hill Road shouad be closed, vacated and
discontinued.
NOW, TIIEREFORE, be it OPDAINED by the Council ol- the
City of Virginia Beach, Virginia;
Section 1: That the said portion of Green Hill Road
described as follows in Lynnhaven Borouqli, virgin,'-a Beach,
Virginia, is hereby closed, vacated and discontinued as a
public thoroughfare of the City of Virginia Beach, Virginia,
said portion of Green Hill Road not beinq needed for public
use and travel:
Parcel 1:
A portion of Green Hill Road, said Green Hill Road
being more particularly described on the "Plat of
Green Hill Farm Subdivisi n," recarded in Map
Book 93 at Page 9 in the Clerk's@'office of the
Circuit Court of the City of Virginia Beach,
Virginia, beinq that portion of the said Green Hill
Road, beginning at a ooint at t'@le i.,it--ersection of
-2-
the Northwes-I boundary of Great Neck Road,
thence running alonq tihe arc of a curve with
a radius of 20.00 fe(@t-, an arc length of
33.42 feel in a Nortl,,--,asterly direction to a
point shown on said p]-at and designated thereon
as iiuqler ei-ght posil@ion, thence running N 331 321 5,-?"
E 1,303.56 feet to a point; -,hence running in a
Northeasterly direction along the arc of a curve
with a radius of 505.64 feet, an arc length of
139.23 feet to a poj.zxt; thence turning and running
S 41' 08' Oq" E 73.36 feet to a point; thence
turning and running in a Southwesterly direction
along the arc of a curve with a radius of 694.35
feet, an arc length of 125.02 feet to a point;
thence running S 381 32' 52" W 1,314.56 feet to
a point; thence running in a Southeasterly
direction along the arc of a curve with a radius
of 20.00 feet, an arc length of 29.68 feet to a
point; thence turning and runninq N 46' 28' 28" W
80.06 feet to a point; thence turning and running
N 45' 41' 58" @,,7 40.7'-, feet to the said point of
beginning.
Parcel 2:
An easement running parallel to and along the
Northeasterly boundary of Green Hill Road, said
road being more particularly described as
"Parcel 1" above and as shown on the "Plat of
Green Hill Farm Subdivision," recorded in Map
Book 93 a-, Page 9 in the Clerk's Office of the
Circuit Court of the Ci-ly of Virginia Beach,
Virginia, said easement being 1,100.04 feet in
lenqth and being more particularly described on
said Plat, and designated thereon as "Ten foot
drainage easement."
ITENI #718S
On motion by Counciliiian Ferrell, secon(ted by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Robert H. Callis. Jr., @layor Robert
B. Crom@vell, Jr., George R. Ferrell, Cliarles IV. Gardner, Clarence A.
Flolland, Garland L. Isdell, D. i@urray ilalbon, and Floyd E. Waterf Jr.
iNays: None
Absent: Vice Nlayor F. Reid Ervin, and Counciliran J. Curtis Payne
City Council approved the following refund of a business license in
the amount of $50.00:
COUNCIL,%L@N HOLLK.ND LEFT COU,\4CIL CH.@ILBE@6
On motion by Councilman lsdqll, seconded by Councillman Baum, ai,.d
by recorded vote as follows:
ikyes : Councilmen Jolin @. Baum, l@obert @l. Cal.lis, Jr., Niavor Robert
B. Cromwell, Jr., George R. Ferrell, (@itaries IV. Gat-dner, Garland I,.
lsdell, D. inturray i\,Ialbon, and Floyd F. @VaLerfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin, and Councilmen Clarence A. Holland
and J. Curtis Payne.
City Council approved the followin.@ t@a@( refunds in the amount of
$862.S2:
lax of Ticket 3tio-@i Di te Pen- in-@er Totil
el2r ITa@x I N @lo . B,] e altv lesr
tho@y L. 1974 CD #59748 1-30-74 15.00
vilenski I
rgaret Clarke 1974 CD #47311 1-15-74 7.50
lton Clermnons 1974 CD #19975 1-31-74 15.00
an Mae Grant 1974 CD #6024 1-17-74 7.50
mer C McCoy 11974 CD #77456 @5-17-74 7.50
Iliam Foster 1974 CD #48827 1-16-74 7.50
ust Mariani 1974 CD TR-1048 1-24-74 53.00
b-rt E & Rowenz 1974 CD TR-459(J 2-22-74 1.75
lson
mes T Davis 1974 CD l,4588 '@-10-74 7.50
Above applications for re,-'und of ,axes approved. Da-
n, City Attorney
Above abatements totali-,-ig Approved
Ric ard W@bon,
City Clerk
To: Mr. Dale Binson City Attorney
From: Mr. V. A. Etheridge, Treasurer Date May 23, 1974
Su'o-ecL: Application for Tax Refunds
The following applications for refund of taxes totaling $ 335.06
and certified for payment. as set forth be'Low:
A. Etheridge
reasurer
ITypel T.X @xoner.
Tax of Ticket @tion Date Pen- Tnter Total
Year Tax Nur,,.be-r No. I'aid Basc alty est
M..Sandler 1974 CD #TR-428 1-24-74 41.70
Sons Inc.
arland Trussell 1974 CD # 36039 4-18-74 7.50
arr
,y L,Sykes 1974 CD # 54137 1-22-74 7.50
eon J Cacioppo 1974 CD liTR-3775 5-13-74 3.50
CL Equip Corp 1974 CD T-9975 1-16-74 46.40
mano Michael 1974 CD 11359 5-7-74 30.00
11360
erritta M Dane 1974 CD 12050 5-7-74 15.00
rowder Contract 1974 CD TR-102 1-9-74 5- 10
.@ Co., Inc,
ohn Edward 1973 CD 33079 il-31-73
itchell
lovd F Jackson 1974. CD TR-4342 4-16-74 1.75
ck Rawson 1974 CD 62699 1-8-74 7.50
agher, W-Illiam 1973 PP 048591 10472 6-11-73 19.56 19.56
& Jeanney
rdon H Ware 1974 CD i" 11426 5-9-74 45.00
11427
11428
ephen E Chapel 1974 CD 63025 1-i-74 7.50
nden John 1973 PP 51735 10499 5-10-74 32.52 l.'03 34.15
Above applicationi Cor refund of taxes approved. D a te
n, City Attorney
Above abatements totaling Approved by C
Da
Ri'chard j. Wcbbon,
City Clerk
To: Mr. Dale Bimson City Attorney
From: @r. V. A. Etheridge, Treasl-,rer Date May 16, 1974
Sub r -ax -efunds
,iect: Application fo
T'ne Z-ollowing applications for refund o'@ taxes totaling $ 405.21
and cer-@i@@ied for payment, as set forth below:
V. A. Etheridge
reasurer
Type Tax -xoner,
,,lame Tax of Ticket @tion bate P-rl- Interi Total
Year Tax Number @o. Pai-d Base @lty lest
bb Donald & 1973 RE ji'D55l@7 -4 IVJ4 327 . 4 6
rol-A. 1st half
KE CHECK PAYAELE TO:
A. Etheridge, Treas. For the amipunt of $89.06 t be app@@.ied t(
2nd half R]: #055127-4
Balance of refunc $238.40 ayable I:o
Ar. Webb.
rbara W & 1974 CD # D-223 4-30-74 1.00
nneth Beamon
ean Leasing 1974 CD # 21574 1-8-74 15.00
nh W & Linda 1974 CD # 37568 2-1-74 7.50
Justice
itchell FerebeE 1974 CD # T-11304 2-1-74 7.50
I-.. C Royall 1974 CD # 11962 4-30-74 15.00
liver C Todd 1974 CD # 11317 4-26-74 15.00
licia E Cliosc@ 1974 CD # 57840 1-28-74 7.50
thryn Brock 1974 CD # 56511 1-25-74 7.50
avid M ChildreEs 74 CD # TR-1143 2-28-74 1.75
-Above applications for refund of taxes approved. Dat '- p,@, z Zzd
Approved byDle Bi.
Above abatements totaling ci
Dat
,@icti@r'd J. Webbon,
City-glerk
COU.NCILNLA,N HOLLI@INI) PE'r[JRNED TO CO[JN(,Il Cillv@IBFRS
ITEM #7187
On motion by Councilman Callis, seconded. by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, Garland L. Isdell, D. Murray Malbon, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin and Councilman J. Curtis Payne
City Council approved the second low bid of Chicago Bridge and Iron
Company, in the amount of $620,528.00 for the construction of the
5,000,000 gallon Pinetree water tank (Contract number 19); and further
authorized the City Manager to execute tlie necessary cor@tracts for this
project.
ITEM #7138
On mo-Lion by Councilman lvaterfield, seconded by Councilman Isdell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., N.ayor Robert
. Cromwell, Jr., George R. Ferrell, Cliarles W. Gardner, Clarence A.
Holland, Garland L. Isdell, D. Nlurray Nlalbon, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin and COLIncilman J. Curtis Payne
City Council approved the bid of Mr. Gtly W. Rig,@s, in the amount of
$120. per year, for the pick up, haulijig, and storage of motor vehicles
abandon--d on the streets of the City o- Virginia Beach; and further
authorized the City t4ana.,er to execute the iiecessary document to contract
ivith Ri.@.as for a two year period.
ITF@l "7189
On motion by Councilman Gardner, seconded by Councilman Callis, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robcrt ti. Callis, Jr., Mavor Robert
B. Cromwell, Jr., George R. Ferrell., IV. (lardner, Clarence A.
@lolland, Garland L. Isdell, D. P,,Iuri ancl l@loyd E. Iliaterfield, Ji,.
Nays: None
Absent: Vice Mayor F. Reid Ervin and @,,ouncilman J. Curtis Payne
City Council approved an appropriation of $2,500 to install approximately
120 bus stop signs and posts alon.@ the proposed cqmmuter bus service
routes.
ITEM #71@)O
On raotion by Councilman Ferrell, secc)ncled by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., @Nlayor Robert
B. Cromwell, Jr., George R. Ferrell, Charles @V. Gardner, Clarence A.
Holland, Garland L. Isdell, D. Murray ttalbon, and Floyd E. IVaterfield, Jr.
Nays: None
Absent: Vice Mayor F. IZeid Ervin and Clouncilman J. Curtis Payne
City Council authorized the City Manager to enter into standard ivater
and sewer a.@reements for Holiday Inn @1'rav-L-Park, Sea Bay Development
Corporation, Princess Arne Borough.
ITEM #7191
On motion by Councilnan Malbon, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert If. Callis, Jr., Mayor Robert
B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A.
flolland, Garland L. Isdell, D. Murray Malbon, and Floyd E. IVaterfield, Jr.
@@@iys None
Absent: Vice llayor F. Reid Ervin and C@)uncilnaii J. Curtis Payne
City Council authorized the City Niana,,er to enter into standard tqater
aiid sewer a.@reements for Vir@.inia Villa,@o '@lobile flome Park, Princess
Anne Borough.
ITEi,l @719
Councilman Charles @V. Gardner requez5te,,l the City Mana.@er to put on
Iiis agenda for June 17, 1974, the Ti,ee Ordinance.
Nlr. Scott stated he wouicl present the Ordinance to Council before the
date of the Public Hearing in ord--r for Council to have a chance to
familiarize themselves with the ordinance.
ITEM lt7l93
Councilman Charles Gardner introd@ic-,d Nlr. McCiilltim.
Nlr. McCullum appeared before City Council Tegarding the Surfin.a Ordinance
and requesting an amendment to the ordinance. Mr. McCullum is the owner
of the Ocean Lake Motel.
Councilman Robert H. Callis, Jr., requ--sted information as to how much
space surfers would have if the ordinan,ce was amended.
The City Manager stated that the surfers would have approximately 300
yards in ivhich to surf. Mr. Scott stated that on Memorial Day weekend
the surfers were moved back about 200 feet further South. Based on the
experience the City has had in the past the ordinance will be brought
back up to Council on June 10, 1974, to adjust the surfing area.
The surfing area would not be reduced it could be moved-@outh approximately
200 feet to see if we could work out a compromise, the ordinance will be
brought back up on June 10, 1974.
ITEM #7194
Councilman Gardner requested information on the Bayside Study. It
was his understanding that after the Plannina. Department had completec,
the Plan for Planning they would begin a.@ain on the Bayside Study.
The City Manager informed Councilman Gardner that there was a meetin@.
last Friday in an attempt to get it started a@ain. It has been evaluated
and the staff has started to establish priorities as to the Bayside
Study-
II'EM #7195
Councilman Robert H. Callis, Jr. requested information as to the sewer
installation in communities where the people cannot afford sewage.
tJnder the present system the property owners have to pay a certain@portion
of the line fees. Is there any metlio@ in iqhich these areas can obtain
sewers.
The City Manager noted that Doctor tiolland liad requested tiie City staff to
investigate the possibility ot estabi.ishi.ng a tee schedule for these
people that qualified under tax relief for the elderly and also pel-sons
that qualified under the minimum incor,e raii@e. Thc staff is now workin@.
oii a fee schedule that might make it easiez, and more advantageous to
r'lose who are less able to pay to be @l)le to sccure these services.
ITF@@\1 @-/106
On iiiotion by Councilinan Callis, secc)rllt@'i t)y (@.otinci,@,Pan @ialbon, and
by i,ecorded vote as follows:
Ayes: Councilmen John A. Baum Robert [I. Callis, Jr., @layor Robert
B. Cromwell, Jr., George R. Fe@rell., Citaries IV. Gardner, Clarence A.
tiolland, Garland L. Murray @talbon, and Floyd E. Ilaterfield, Jr.
,Nays: i@one
Absent: Vice Nlayor F. Reid Ervin aiicl (:ouilcilID-an T. Curtis Payne
City Couiicil will liold a close oii !@@loiiday, June 10, 1974, for
tiie purpose of discussiii(, i.tellis peril,ittld foi, discussioi,. under Section
'.1-344, subT)ara@.rapli 2 6 of "lic, 1:1.@cioiii of- 1;@@c;ri@i@i-tion i'@ct of t.,@e
Comilionwealtii of Virginia.
ITEM @711)7
On inotion by Councilman Ferrell, seconc'--d by Councilman Gardner,
and by recorded votc as follows:
Ayes: Councilmen Jolin A. Baum, Robert ii. Callis, Jr., @layor Robert
B. Croinivell, Jr., George R. Ferrell, Cl,arles IV. Gardner, Clarence A.
iioiiand, Garlaiid L. Isdell, D. Murray @Ialbon, alid Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor F. Reid Ervin and (:ouncilman J. Curtis Payne
I'lie ineeting adjourned.
R, 'itar 1,Vebbon, City Clerk
City of Virginia Beach,
Virginia
June 3, 1974
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