FEBRUARY 7, 1972
MINUTES OF THE HONORABLE C-ITY COUNCIL
OF THE
CITY OF VIRGINIA BEACHIVIRGINIA
February 7, 1972
lfte regular meeting of the City Council of the City of Virginia Beach, Virginia
was held in the Council Chambers of the Administration Building in the Borough
of Princes's Anne, on Monday, February 7, 1972, at 10:00 a.m.
Reverend Kenneth R. Carbaugh, our Saviour's Lutheran Church, gave the invoca-
tion.
Councilmen present: Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Feriell, Clarence A. Holland, D. DIurray @,falbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H.
Rhodes.
Councilmen absent: Robert H. Callis, Jr.
ITEM #4183
On motion by Councilman Ferrell, seconded by Councilman Dusch, and by recorded
vote as follows:
es: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
orge R. Ferrell, Clarence A. Holland, D. @lurray Malbon, J. Curtis Payne,
ce Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and @layor Donald H.
Rhodes.,
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council approved the Minutes of the Regular @feeting of January 24, 1972,
and the reading of said Minutes dispensed with inasmuch as each Councilman had
a copy of the subject Minutes before him.
ITEM #4184
On motion by Councilman Dusch,.seconded by Councilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. Mtirray @'falbon, J. Curtis Payne,
Vice Mayor Earl @l. Tebault, Floyd E. Waterfield, Jr., and @,layor Donald H.
Rhodes.
ys: None
sent: Councilman Robert ii. Callis, Jr.
City Council approved on second reading an al)propriation in the amount of
$30,000. for improvements and the removal of dips on Bay Colony Drive.
ITEM #4185
On motioh by Vice Mayor Tebault, @econded by Councilman Ferrell, an@,
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid I
George R. Ferrell, Clarence A. Holland, D. @-lurray Malbon, J. Curti@
Vice Mayor Earl M. Tebault, Floyd E. Waterfie.1d, Jr., and Mayor Doll
Rhodes.
Nays: None
)sent: Councilman Robert H. Callis, Jr.
-ity Council approved on second reading an appropriation in the amol,
$75,000. from the City's surplus account for the replacement of cert
of insulation in schools which were built some time ago.
ITEM #4186
On motion by Councilman Dusch, seconded by Councilman Payne, and bv
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid 1
George R. Ferrell, Clarnce A. Holland, D. Murray Malbon, J. Curtis I
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and @layor Don,
Rhodes.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council approved on second reading a tranfer in the amount of
to cover the City employees' across-the-board increases.
ITEM #4187
City Council conduct&d a public hearing regarding the discharging
North of Virginia Beach Boulevard.
The persons listed below represented the hunting enthusiasts in thc
area:
Mr. J. H. Tyler, Bayviile Farms, Inc.
Mr. George A. Paxson
Mr. Charles A. Foster
Mr. Gordon Oliver
Mr. Vincent A. @laslow, Jr.
Mrs. Darlene Paxson
Mr. Gordon Potter
Mr. Brooks Gilmer
Mr. Norman W. Carrick
Mr. Christopher Maslow
Mr. M. J. Maslow
Mr. John Williams
(In most instances these individuals agreed that there should be a
on the indiscriminate,.unsupervised and unskilled use of firearms i,
subject area, but indicated that legitimate hunters should not be
e unsportmanlike actions of careless individuals.)
The persons listed below represent property owners and residents of the area
who request a stri.ct prohibition of the discharge of firearms claiming That
such shooting in urban areas is a hazard to the health, safety and welfare
of citizens:
Mr. Roy C. Meeks, Jr.
Mr. Arch Coleman
Mr. Ralph R. Robert
Mr. Littleton W. Parks
Mr. Redfearn
Mrs. Anne Hunter
Mr. Billy W. Chaplin
Mr. Vernard F. Wagner
Mrs. C. E. Hitchcock, Jr.
Mrs. Judith Wilshire
Mr. A. C. Woodruff
Mr. R. D. Rogers
Mr. Nottingham
A representative from the Kempsville area and from the Plaza area requested
that if a restrictive ordinance reaarding the discharge of firearms is adopted
by City Council that it also incorporate the area south of the Norfolk and
Southern Railway right of way as the citizens in these residential sections
are also concerned about the discharge of firearms in urban areas.
It was apparent to the City Council that all persons attending and speaking
at the public hearing are interested in prohibiting the illegal discharging
of firearms in highly urbanized areas of the city and in particular the areas
designated as bird sanctuaries.
Councilman Holland suggested the establishment of a bird sancturary along the
Western Branch of the Lynnhaven River from Church Point to Trading Point
netitions from residents in the area presented to tlie City Clerk) but indicat-d
tat he would withhold any formal action per@ding the adoption of an ordinance
lat will provide the necessary protection to the public a.aainst the discharge
of firearms within the City limits.
Councilman Ervin noted that he had received petitions requesting the enact-
ment of a prohibitive gun law from the residents of Alanton, Trantwood, and
Great Neck. (A copy of the petition is on file in the Office of the City
Clerk.)
City Council requested the City Attorney to prepare an ordinance for their
consideration that will provide protection to the public and at the same time
uphold the rights of individuals to enjoy the recreation and sport of huntin@,
in Virginia Beach.
ITEM #4188
motion by Councilman Waterfield, seconded by @ouncilman Payne, and by
orded vote as follow8:
s: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
ri R. Ferrell, Clarence A. Holland,.D. Murray Malbon, J. Curtis Payne,
e Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H.
des.
s: None
ent: Councilman Robert H. Callis, Jr.
y Council adopted the following Resolution regarding the proposed closure
the beach front at the Back Bay National Wildlife Refuge to recreational
and vehicular traffic:
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers of the Admi.nistration
Building on February 7, 1972, at 10:00 o'clock A. M.
On motion by Mr. Waterfield and seconded by M-r.
Payne
the following resolution was unanimously adopted:
R E S 0 L U T I 0 N
WHEREAS, as a result of the Public Forum conducted by the City
Council of the City of Virginia Beach on Sunday, Febritary 6, 1972, at
the Virginia Beach Civic Center, at which many concerned citizens were
present to express their opposition to the closing of the beach front
to recreational use and vehicular traffic along the Atlantic Coast
through the property under the jurisdiction of the Department of the
Interior and designated as the Back Bay National Wild!-ife Refuge; ard
WHEREAS, the Virginia Institute of Marine Science has been re-
quested to suggest access routes to the False Cape State Park that
will cause minimal ecological damage; and
WHEREAS, the State plans and Virginia Institute of Marine Science
reports are not yet known;and
WHEREAS, it appears that as a result of the proposed closure t,@e
persons owning property south of the Refuge area will experience gr(,at
difficulty and expense in reaching their properties; and
WHEREAS, the proposed closure will deny to the residents of
Virginia Beach and the public in general the use and enjoyment of the
undeveloped ocean front for recreation; and
WHEREAS, the Virginia Wildlife Federation urges that the
Environmental Protection Agency requests the Department of the
Interior to delay any closure of access t'o the aforementioned area
until SUCH time as a complete environmen.tjil. impact study is made by
appropriate agencies of the Federal, State and local iurisdictions
together with appropriate representatives from all concerned conserva-
tion groups;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the Council does hereby request the Department of the Interior,
prior to any formal action regarding closure, to review the problems
with the intent of presenting a solution which will be equitable to
all interests. The City Clerk is directed to forward a copy of this
Resolution to the Secretary of the Interior, U. S. Senators B7rd,
Spong, Jordan and Ervin, and U. S. Congressmen Whitehurst, Downing,
Abbitt, Jones, Galifianakis and Fountain for their information and
such action as may be deemed appropriate.
ITE@l #4189
On motion by Councilman Holland, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervir,,
George R. Ferrell, Clarence A. Holland, D. Murray @,talbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H.
Rhodes.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
By the above motion, City Council indicated their support of House Bill No. 259
-esented by Delegate Ted Morrison of Newport News, which modifies the existing
:ate law, as it relates to tax relief for those persons sixty-five (6S) years
age and over, by splitting the tax loss on a fifty-fifty basis between the
state and the locality; and further authorized notification of their endorse-
ment to be.presented to the representatives of the City of Virginia Beach in
the General Assembly.
ITEM #4190
On motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. @turray Malbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H.
Rhodes.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council adopted the following Resolution regarding the submission of
applications for federal assistance funding for sewerage:
R E S 0 L U T I 0 N
WHEREAS, in certain areas of.the City of Virginia Beach, the
construction of sewage facilities has progressed more rapidly than in
others, and
WHEREAS, the payment of federal assistance funds is based upon
completed projects,
NOW, THEREFORE, City Council does hereon authorize the City
Manager to resubmit the areas contained in Federal Project VA-320 (City
Project #1), Federal Project VA-343 (City Project #2) and City Projects
#3@ #4 and #S, which have not yet been assigned a federal number in
accordance with the following listing in order to expedite payments to
the City:
VA-320 1 30% of ible Items
1. Euieka Park
2. Thalia - South
3. Diamond Springs
4. Oceana
S. Linlier
6. Chesopeian Colony
VA-343 Project #2 80% of Eligible Items
1. L & J Gardens, Diamond Lake Estates, Lawson Forest
2. Baylake Pines, Baylake Beach, Chesapeake Beach, Ocean Park
3. Haven Heights
4. Pinewood Gardens
S. Thalia - North
c
1. Boulevard Manor
2. Great Neck Manor
3. Linlier II
4. Lynnhaven Shores
S. Euclid No. 1
6. Laskin-Oriole
City Proiect #4 30% of Eligible Items
Belle Haven
Lake Shores
Southern Terrace
Eastern Park
Seatack School P.S.
24th Street P.S.
Laskin Road P.S.
Kempsville Area P.S.
First Colonial Road-Victor Road
London Bridge P.S.
Shore Drive and Pleasure flouse [Zoad P.S.
City Project #5 80% of Eligible Items
Birdneck Point
Wolfsnare Plantation
Avalon Hills
Nortli Virginia Beach
Kempsville Heights
Lakeview Shore
Lake Smith Terrace
Acredale
Bellamy Manor
Woodstock Road
Thoroughgood
Thoroughgood Estates
ITEM #4191
Application of Terry Corporation of Virginia for a Chanqe of Zoninq from Residence
Suburban District I (R-S 1) to Multiple Family ResiUenc-e ris-tric@t R-M) and a Use
Permit to construct 208 tovinhouses for sale on certain property located on the-
or@t east corner of Independence Boulevard and Ndrth Witchduck Road.
Parcel 1: Change of Zoning from R-S I to R-M: 'On certain property located on the
Northeast corner of Independence Boulevard and North Witchduck Road, running a dis-
tance of 1095 feet along the North side of North Witchduck Poad, running a distance
of 400 feet along the Eastern property line, running a distance of 800 feet along the
Northern property line, running a distance of 400 feet along the Western property
line.
Parcel 2: Use Permit for 208 townhouses for sale: On certain property located on
the Northeast corner of Independence Boulevard and North Witchduck Road, running
a distance of 1095 feet along the North side of t4orth Witchduck Road, running a
distance of 1300 feet along the East side of Independence Boulevard, running a dis-
tance of 445 feet along the Northern property line, running a distance of 1228 feet
along the Eastern property line. Said property contains 20 acres more or less.
(Pembroke Meadows Area). BAYSIDE BOROUGH.
The Planning Commission recommends approval of this application subject to a re-
duction from the requested density to a total of 192 townhouses and subject to
waiving recreational reservation requirements in connection tiith this subdivision,
as the applicant has agreed to donate two acres to Old Donation Church, as shoiin
on a site plan presented at the Public Hearing by the applicant. These two acres
are to remain Residence Suburban District I (R-S 1). The rlnlaining six acres
would be changed to tlultiple Family Residence District (R-M) for a total of 18
acres. Approval is subject to City water and sevier requested by the Health
Department and the Real Estate Division requests a dedication-of 45 feet from the
center line of the initial 30-foot right of way along the 1095-foot more or less
frontage on tlorth '4itchduck Road for alignment purposes (30-foot dedication). The
motion for approval included a request for the developer's participation in school
site acquisition.
Mayor Rhodes indicated that he would abstain from voting and discussing the
above application as the applicant, Terry Corp. of Virginia, is represented
by his law firm. @fayor Rhodes then turned the meeting over to the Vice Mayor,
Earl M. Tebault.
Mr. Fred Napolitano appeared on behalf of the applicant requesting that the
above application be withdrawn. (There being considerable opposition present,
Council ruled to hear and consider the application.)
Mr. Davis Reed, Attorney, appeared on behalf of Old Donation Church and
indicated that the apT)Iicant had donated two (2) acres of land to the church
as a historical buffer zone.
The following appeared in oppo@ition to the above application:
Mr. Robert Bruce Kendall, Attorney
Mrs. John D. Myers
Mr. Walkley Johnson, representing the Witchduck Civic League
Mrs. Patricial Joyce
Mr. Littleton IV. Parks
Mrs. Emily Mount, representing Lake Smith TerTace Civic League
Mr. Paul Land, president of the Pembrok(@ @leadows PTA
Mr. Sam Houston, Council of Civic Organj.zations
Mrs. Mary Johnson, resident of Witchduck Point
Councilman Holland made a motion, which was seconded by Councilman Ferrell,
to approve,"Alternate Plan A" as rec,ommended by the Planning Department.
As the representative for Terry Corp., @Ir. Napolitano, indicated that PlarL
A is unacceptable to the applicant and that thev will not utilize the use
permit, Councilman Holland and Councilman Ferreil withdrew their motion.
On motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne,
Vi Mayor Earl M. Tebault, and Floyd E. Waterfield, Jr.
Na None
Absent: Councilman Robert H. Callis, Jr.
Abstain: Mayor Donald H. Rhodes.
City Council denied the above application of Terry Corporation of Virginia
for a Chan e of loning from Residence Suburban District 1 (R-S 1) to Multiple
Family IZesiaenl-e District (R-M) and a Use Permit to construct 208 townhouses
for sale on certain property located on t e iort east corner of Independence
Boulevard and North Witchduck Road.
(COUNCILMAN WATERFIELD LEFT THE COUNCIL CHAMBFRS)
ITEM #4192
Application of Aubrey Soper ill for a Use Permit for a gasoline supply and
automobile service station on certain pr p@erty ocated at the Northwest corner
of Pleasure House Road and Thoroughgood Road, running a distance of 118 feet
along the West side of Pleasure House Road, running a distance of 120 feet
along the North side of Thoroughgood Road, running a distance of 140 feet along
the Western property line and running a distance of 125 feet along the Northern
property line. Said property is known as part of Lot 37 and Lot 38, Plat of
Shelton Place. (Robbins Corner Area). BAYSIDE BOROUGH.
The Planning Commission recommends denial of this request as they c ould see
66 need for a service station in this area.
Mr. Thomas Broyles appeared on behalf of the applicant.
On motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. liolland, D. Mui-ray Malbon, J. Curtis Payne
Vice Mayor Earl M. Tebault, and @layor Donald f[. Rhodes.
Nays: None
Absent: Councilmen Robert Fl. Callis, Jr.-and Floyd E. Waterfield, Jr.
City Council approved the above application of Aubrey Soper, 111, for a Use
Permit for an automobile-service station on certain property located at t@e
To-t-hivest corner of Pleasure iiouse Road and Thoroughgood Road, (Robbins
C( ier Area) Bayside Borough, subject to site plan review prior to the
i' iance of a building permit; subject to standard site plan requirements
aiiu improvements on Thoroughgood Road of conci'ete, curb and gutter, widening
Of Pleasure Ilouse Road to 18 feet from the center line with curb, gutter,
and storm drainage (60-foot riglit of way) as i-equested by the Engineering
Division, Department of Community Services. Approval is further subject to
City water and sewer as requested by the Ifealih Department.
ITEM #4193
Application of F. Ferel>ee Trafton T/A Trafton Marine, Ltd., for a Chanqe of
Zoning from Residence Duplex District 2 (R-0 2) to Limited Commerc a@b, stric,.
3 (C-L 3) and a Use Permit for marine craft sales and service on certain pro-
perty located on t@e 4ortheast corner of Dupont Circle and Shore Drive, runni,
a distance of 242 feet mre or less along the East side of Dupont Circle ard
running a distance of 156 feet alona the Southern property line of which 80
feet is the tiorth side of Shore Drive, running 6-distance of 164 feet alonq t@
Eastern property line and running a distance of 117 feet along the Northern
pi-operty line. Said property is known as Lots 1, 2, and 13, Block 20, Plat o@
Ocean Park. (Ocean Park Area). BAYSIDE BOROUGH.
The Planning Comission recormnds approval of this application for a change c@
zoning and use pennit subject to a dedication of right of way 80 feet fron, @"n,
center line of the existing 110-foot right of way along the 80-foot more or
frontage on Shore Drive (25-foot dedication); also a dedication of right of
25 feet from the center line of the existing 40-foot right of way along the
242-foot more or less frontage on DuPont Circle (5-foot dedication) requested
by the Real Estate Division. The notion was further subject to standard sil--@-:
plan requirements and a 12-foot pavement widening along Shore Drive and road-
way improvements to include curb cuts and gutters and sidewalks on DuPont
Circle and Shore Drive requested by the Engineering Division.
On motion by Councilman Holland, seconded by Councilman Cromwell, and
recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frarik A. Dusch, F. Reid Er,@;@,
George R. Ferrell, Clarence A. liolland, D. Murray Malbon, J. Curtis
Vice Mayor Earl M. Tebault, and Mayor Donald H. Rhodes-.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. and Floyd E. Waterfield, Jr.
City Council approved the above application of F. Ferebee Trafton T/I@
Trafton Marine, Ltd., for a Change of Zoning from Residence Duplex 1) @l,'ict
2 (R-D 2) to Limited.Commercial District @C-L 3) and a Use Permit
marine craft sales and service on certain property locate on t e
corner of Dupont Circle and @hore Drive, (Ocean Park Area) Bayside 11,h,
subject to a dedication of right of way 80 feet from the center lin@, tlie
existing 110-foot right of way along the 80-foot more or less fronta- -T,
Shore Drive (25-foot dedication); a dedication of right of ivay 2S fo(,, @-i,om
the center line of the existing 40-foot right of way along the 242-i@@@ -Ore
or less frontage on DuPont Circle (S-foot dedication) requested by t@l :oil
Estate Division. Approval is further subject to standard site plan @tire-
ments and a 12-foot pavement widening along Shore Drive and roadwav
to include curb cuts and gutters and sidewalks on DuPont Circle anci Dr
as requested by the Engin&ering Division.
ITEM #4194
On motion by Councilman Ferrell, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, J,., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. Murray Nlalbon, J. Curtis Payne,
Vice Nlayor Earl M. Tebault, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. an@ Floyd E. Waterfield, Jr.
City Council adopted the following Resoluti n relative to the American
Revolution Bicentennial:
The regular meeting of the Council of the city of Virginia Beach,
Virginia, was held in the Council Chambers of the Administration
Building of the City of Virginia Beach on Monday, February 7, 1972,
at 10,:OO o'clock A.M.
On motion bv Mr. Ferrell and seconded by Mr. Dusch
the following resolution was unanimously adopted.
R E S 0 L U T I 0 N
WHEREAS, the United States of America is approaching the
observation of the American Revolution Bicentennial; and
WHEREAS, it is anticipated that the Liberty Bell may be placed
on tour throughout the United States to commemorate this historic
event; and
WHEREAS, the Council of the City of Virginia Beach is of the
firm belief that such a tour will rekindle the spirit of patriotism
in the United States;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Council of the City of Virginia Beach wholeheartedly
supports such a tour of these United States.
BE IT FURTHER RESOLVED that a copy of this resolution be sent
to: Mrs. Martha Jane Shay, Program officer, Office of Program
Development and Coordination, American Revolution Bicentennial
Commission, 736 Jackson Place, Washington, D. C. 20276; Senator
Harry F. Byrd, Jr., of Virginia; Senator Hugh Scott of Pennsylvania;
Congressman Thomas N. Downing; and Congressman G. William Whitehurst.
@ir. James Davis appeared on behalf of the Department of Economic Developmet
to answer any questions Council might have regarding the following resolution.
On motion by Councilman Ferrell, seconded by Councilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. Murray M;ilboii, J. Curtis Payn,,
Vice Mayor Earl M. Tebault, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. aqd Floyd E. Waterfield, Jr.
City Council adopted the following Resolution relati,e to the improvement
Mac Street in Kempsville Borough:
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers of the Administration
Building of the City of Virginia Beach on Monday, February 7, 1972)
at 10:00 o'clock A.M.
On motion by Mr. Ferrell and seconded by Mr. Malbon
the following resolution was unanimously adopted.
R E S 0 L U T I 0 N
WHEREAS, the Georgia Pacific Corporation proposes to construct
a warehouse and office facility to distribute plywood, lumber and
like materials to the housing industry within the boundaries of the
City of Virginia Beach, Virginia; and
WHEREAS, access right of way to said site has heretofore been
duly dedicated, but, as yet, is unimproved, and is described as follows:
To find the point of beginning, travel in a northerly
direction down that certain unimproved portion of
MAC STREET an approximate distance of two hundred
and fifty (250) feet from the intersection of @IAC
STREET with the northern right of way line of ROUSE
DRIVE to the POINT OF BEGINNING; thence, from said
point of beginning, the industrial access road shall
include all that portion of i4AC STREET as lies between
point of beginning and the intersection of MAC STREET
with the northern right of way line of ROUSE DRIVE,
two hundred and fifty (250) feet, more or less; thence
traveling in an easterly direction down ROUSE DRIVE,
and including all that portion of ROUSE DRIVE as lies
between the western right of way line of IMAC STREET
as it extends across ROUSE DRIVE, and the eastern right
of way line of PRICE STREET as it extends across
ROUSE DRIVE, two hund.red and eighty-five (285) feet,
more or less; thence, traveling in a southerly
direction down PRICE STREET, and including all that
portion of PRICE STREET as lies between the southern
right of way line of ROUSE DRIVE as it extend.s across
PRICE STREET and the cul-de-sac at the southernmost
terminus of PRICE STREET, six hundred and eighty-five
(685) feet, more or less; all as will appear more
clearly on the attached planimetric map.
and
WHEREAS, funds for the improvement of said industrial access
road are now available from the "Industrial Access Road Fund,
Virginia Department of Highways; and
WHEREAS, in order for the City of Virginia Beach to qualify for
sai,d industrial access funding, it is necessary for City Council,
City of Virginia Beach, to adopt this resolution expressing its
recommendations regarding said project ahd, fur-lhermore, guaranteeing
the existence of the right of way and the adjustment of the utilities
which may be located within the said right of way;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council, City of Virginia Beach, does hereby
express its recommendations to the State Highway Commission in the
fOrm of a request to said Commission that it program the administrative
procedures necessary to carry out the funding of the hereinabove described
industrial access road out of funds available from the "Industrial Access
Road Fund" so that egress and ingress to the proposed industrial site
of the Georgia Pacific Corporation may be accomplished; and
BE IT FURTHER RESOLVED that the City of Virginia Beach hereby
guarantees the right of way and the adjustment of utilities from
funds other than industrial access funds and will further provide
information as to the source of such funds.
ITEM #4196
On motion by Councilman Malbon, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. 'furray @talbon, J. Curtis Payne,
l'
Vice Mayor Earl M. Tebault, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. and Floyd E. Waterfield, Jr.
City Council approved the following Ordinance closing a portion of South
Lynnhaven Road in Lynnhaven Borougli:
On Motion made by Mr. Malbon seconded by
Mr. Dusch and byrecord&dte, the following ordinance
was adopted:
AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A PORTION OF TWO STREETS, KNOWN AS
SOUTH LYNNHAVEN ROAD AND PROVIDENCE ROAD
AND LOCATED IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, it is the judgment of the Council that certain portions
of the said streets should be closed, vacated and discontinued:
NOW, THEREFORE, BE IT ORDAIiiED, by the Council of the City of
Virginia Beach, Virginia:
Section 1: That those portions of the said streets located in
the City of Virginia Beach, Virginia, as hereinafter described are hereby
closed, vacated and discontinued as public streets in the City of Virginia
Beach, Virginia, said streets not being needed for public use and travel:
ALL TRAT certain portion of South Lynnhaven
Road ind Providence Road located in the City of Virginia
Beach, Virginia, as shown on that certain plat entitled
"GREEN RUN P.U.D. STREET DEDICATIONS OF SOUTH LYNNHAVEN
ROAD AND PROVIDENCE ROAD," made by Talbot and Associates,
Consulting Engineers, Virginia Beach, Virginia, dated
December 17, 1969, and recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,
Virginia, in Ilap Book 83, at page 35, and with reference
to which plat said portions of South Lynnhaven Road
and Providence Road are bounded and described as follows:
To establish a point of beginning cammencing
at a point in the western line of Holland Road referred
to as the "Beginning of Property Line Return" between
the western line of said Holland Road and the southern
line of South Lynnhaven Road; and from said point
along a curve to the left having a delta of 119@ 47'
28", a radius of 30.00 feet, an arc distance of 62.72
feet to a point referred to as the "End of Property
Line Return"; thence along a curve to the left having
a delta Df 11* 46' 25", a radius of 820.47 feet,
an arc distance of 168.60 feet to a point; thence
S. 14* 52' 42" W. a distance of 388.15 feet to a point;
thence along a curve to the right having a delta
of 60* 38' 29", a radius of 1558.00 feet, an arc
distance of 1648.97 feet to a point; thence along
On motion by Councilman FeTrell, seconded by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. Nlurray @talbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. and Floyd E. Waterfield, Jr.
City Council approved the following Ordinance' appointing viewer8 relative to
the closing of Collins Avenue, formerly Renville Avenue, in Kempsville Borough:
ORDINANCE APPOINTING VIEWERS IN CONNECTION WITH THE
APPLICATION FOR THE CLOSING AND DISCONTINUANCE OF STREETS
WHEREAS, PAULA L. COLLINS has given due and proper notice,
in accordance with the Statutes for such cases made and provided,
that she would on the date hereof petition the Council of the City
of Virginia Beach, Virginia for the appointment of viewers to View
the below described property and report in writing to the Council
whether, in the opinion of said viewers, any and, if any, what,
inconvenience would result from the discontinuing of said street,
and has filed such petition iath the said Council; now ther6fore
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia that Mr. George L. Hanbury
i Mr. C. C. Carrington
and Mr. W. W. Fleming be, and they hereby are, appointed
to view the below-described property and report in writing to the
Council on or before March 20, 1972 , whether, in
their opinion, any, and, if any, what, inconvenience would result
from the discontinuing, closing and vacating of a certain street
in the City of Virginia Beach, Virginia, hereby described as
follows, to-wit:
COLLINS AVENUE
(Fo-er y Renvi e venue)
BeSSinning at the Southwest intersection of Collins Avenus
an Virginia Beach Boulevard and runninr thence South 16 -
18: East along said Boulevard 65.01 fee@; thence South 70-
03 West along the Eastern side of Collins Avenue a distance
of 785'. more or less, to the North @ide of 4th Street;
thence running North 820-57' lqest 60, to the West side of
Collins Avenue: thence running North 70-03' East, a distance
of 850' more o-r less to the p6int of beginnin SSeing that
ortion of Collins Avenue situate between Virginia Beach
@oulevard and 4th Street. as Shown on the Pla@ entitled
Part of Deal No. I and D6al No 2 nlm
I ogkd Ilcksondale@
which plat is duly of record iA M@ip ,Page 9 in the
Clerk's office of the Circuit Court Of the City-of Virginia
Beachj Virginia.
The above described street is marked in red on the
attached plat.
-2-
a curve to the left having a delta of 19, lo, 00,,,
a radius of 552.87 feet, an arc distance of 184.95
feet to the point of beginning; and from said point
of beginning thus established thence along a curve
to the left having a delta of 35* 49' 42", a radius
of 552.87 feet, an arc distance of 345.72 feet to
a point; thence S. 20' 31' 29" W. a distance of 5.40
feet to a point; thence along a curve to the left
having a delta of 90* 00' 00", a radius of 30.00 feet,
an arc distance of 47.12 feet to a point; thence
S. 20* 31' 29" W. a distance of 90.00 feet to a point;
thence N. 69* 28' 31" W. a distance of 150.00 feet
to a point; thence N. 20* 31' 29" E. a distance of
90.00 feet to a point; thence along a curve to the
left having a delta of 90* 00' 00", a radius of 30.00
feet, an arc distance of 47.12 feet to a point; thence
N. 20* 31' 29" E. a distance of 5.40 feet to a point;
thence along a curve to the right having a delta
of 9* 03' 13", a radius of 642.87 feet, an arc distance
of 101.58 feet to a point; thence along a curve to
the left having a delta of 12* 41' 03", a radius
of 863.51 feet, an arc distance of 191.16 feet to
a point; thence N. 56' 21' 11" E. a distance of 100.00
feet to the point of beginning.
Section 2: That this ordinance shall be in effect from and after
thirty (30) days from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on February 7 197 2.
ITEM #4198
On motion by Councilman Dusch, seconded by Counc.ilman Payne, and by recorded
vote as follows:
as: Councilmen Robert B. Cromwell, Jr., Fran k A. Dusch, F. Reid Ervin,
orge R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne,
@@ce Mayor Earl M. Tebault, and Mayor Donald H. Rhodes.
Nays: None@
Absent: Councilmen Robert H. Callis, Jr. and Floyd E. Waterfield, Jr.
City Council approved for retroactive payment salary adjustments and merit
increases for city employees which were delayed during Phase I of the
President's Price/Wage Freeze. No additional appropriation of funds is
required since these salary adjustments were previously budgeted.
ITEM #4199
On motiorl by Councilman Payne, seconded by Councilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. Niurray Malbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, and Mayor Donald H. Rhodes.
Nays: None
bsent: Councilmen Robert H. Callis, Jr. and Floyd E. Waterfield, Jr.
City Council adopted the following resolution requesting the City of Norfolk
to make connections and to furnish water through a proposed water system
located at Green Run, Section L-8:
A RESOLU.TIONREQUESTING THE CITY OF NORFOLK TO make connections and
to furnish water through a proposed water system located at Green
Run, Section L-8 in the City of Virginia Beach, further described
below:
WHEREAS, it is requested by the City of Virginia Beach, at the
request of the Green Run Corporation, I;o extend proposed water mains
in accordance with the existing contract between the City of Virginia
Beach and the City of Norfolk, in Green Run, Section L-8, in the
streets as listed below:
.NAME OF STREET SIZE OF PIPE LINEAL FEET NO. OF HYDRANTS
Pecan Court 611 530' 1
Planting Court 411 400'
Peony Arch 611 153' 1
Peony Arch 411 6541
Peachtree Arch 611 219' 1
Peachtree Arch 411 9041
Poinsetta Arch 611 89' I
Poinsetta Arch 4111 907'
Ponderose Arch 611 1761 2
Ponderose Arch. 411 8241
Pi-n Oak Arch 611 476' 1
Pin Oak Arch 411 673'
Primrose Lane 611 1771' 1
All as described and shown on plans entitled "Green Run Section
L-8 Constr-uction Plans"as prepared by Talbot, Wermers, and Standing,
Ltd., Engineers, Planners and Sur-veyors, Vir@.inia Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED, that the City @f Norfolk be and it
hereby is requested to make a connection of the proposed water mains with the
present rnains of said City at the said desi.-nation, and uporl completion of tlie
instauation of the proposed rnains, to supply water to consumers residin.@ thereon,
it bein.@ expressly understood and agreed that the supplyin-. of @said water by the
City of Norfolk shall be upon and subject to the following terms and conditions:
1. That the said water mains shall be in.$talled in accordance with th@
specifications of the said City of Norfolk and to the satisfaction of the Director of
Public Works of said City, at no cost to the City of Norfolk.
2. That ihe water so supplied through said mains to consumers shall be at
the same rate now, or hereafter, charged by the City of Norfolk to consumers be,,;c:-.H
the limits of said City sirru'larly situated-
3. That all ordinances of the City of Norfolk and all rules and r@Iations cr
the Division of Water Supply of said City, now or hereafter adopted and put into
relating to the furnishin.@ of water shall apply to the supplyin.@ of water throu,h t@ -
said proposed mains.
4. That the said City of Norfolk shall be under no obli@ation to fu@sh rr-ore
water than its distribution system as now laid, with the pressure carried, will dcl:,.-Or
into said mains, and if the said supplyin@ of water shall not be in accordance
staridard service, the said City of Norfolk shall not be held responsible in any
5. That in supplying water to consumers alon, the said proposed mains, 'H-
City of.Norfolk will supply the same. onlyfrom its surplus supply, and that in no
eVent shall there be any obli@ation on the part of said City to supply water to a-@i,
consumers along the proposed mains at any time when, in the jud@ement of the
Council of the said City of Norfolk, the said City shall not have sufficient suppl,,,
use within its corporate limits, or whenever the supplying of said @vater shall
fere with the dischar@e of the duty of said City to supply water to its own inhabi'l@-:,,-
6. That from and after the installation of the water riains and hydrants tlie@,,
become the property of the City of Virginia Beach. The City of Vir@inia Beach s- -
grant to the City of Norfolk the ri@ht to use such rnains and hydrants for the su@-,-@--
wa:ter, and further grants to the City of Norfol',- ready and reasonable access to
7. That for any fire hydrant installed at the request of the City of Vir,i'l',-
Beach, a rental paymeit of One Hundred Dolla: s ($100. 00) a year for each hyd:-z--.---
shall be paid to the City of Norfolk.
D BY THE COUNCIL of the City of Vir@inia Beach, Vir@inia this
day of
APPROVED:
ITEM #4200
On motion by Councilman Dusch, seconded by Councilman*Ferrell, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, and Mayor Donald:H. Rhodes.
I rs: None
3ent: Councilmen Robert H. Calli@, Jr. and Floyd E. Waterfield, Jr.
City Council approved an appropriation in the amount of $8,800.00 as requested
by Mr. Ivan Mapp, Commissioner of Revenue, to employ extra personnel in order
to make assessments on automobiles and to meet the deadline for processing the
tax bills.
ITEM #4201
On motion by Councilman Holland, seconded by Councilman Dusch, and by recorded
void as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, and Mayor Donald H. Rhodes.
Nays: None
,Absent,: Councilmen Robert H. Callis, Jr. and Floyd E. Waterfield, Jr.
City Council noted its intention to hold a closed meeting on February 14, 1972,
.F-r the purpose of discussing items permitted for discussion under the Freedom
Information Act of the Commonwealth of Vii'ginia.
ITEM #4202
On motion by Councilman Payne, seconded by Councilman Holland, the meeting
adjourned.
City of Virginia Beach,
Virginia
February 7, 1972