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MARCH 23, 1970 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA March 23, 1970 The regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers in the Administration Building, in the Borough of Princess Anne, on Monday, March 23, 1970, at 10:00 o'clock a.m. The invocation was given by Reverend Richard Woodward of the Virginia Beach Community Chapel. Councilmen present: Mayor Frank A. Dusch, Vice Mayor Robert B. Cromwell, Jr., Albert L. Bonney, Sr., George R. Ferrell, D. Murray Malbon, Lawrence E. Marshall, John W. McCombs, J. Curtis Payne, G. Dewey Simmons, Jr., Earl M. Tebault, and Kenneth N. Whitehurst. Councilmen absent: None On motion by Mr. Marshall, seconded by Mr. Bonney, and by unanimous vote, City Council approved the Minutes of the meeting of March 9, 1970, and the reading of said Minutes dispensed with, inasmuch as each Councilman had a copy of said Minutes before him. On motion by Mr. McCombs, seconded by Mr. Cromwell, and by unanimous vote, City Council approved the Minutes of the Speca 'Mee tinI on March 6, 1970, and the ith, . reading of said Minutes dispensed w aS.",h as each Councilman had a copy of said Minutes before him. ITEM #2138 Mayor Dusch presented the following Resolutions to Mr. Lonnie White and Mr. David Etheridge for service to the City of Virginia Beach: R E S 0 L U T I 0 N (R75) WHEREAS, Lonnie White first joined the Public Utilities Department of the City of Virginia Beach on November 15, 1924; and WHEREAS, on March 31, 1970 the said Lonnie White will retire after completing more than forty-five years of faithful and valuable services to the City of Virginia Beach. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That as an expression of thanks, recognition and appreciation on behalf of the citizens of said city, commends and congratulates the said Lonnie White for his loyal and outstanding service to the City of Virginia Beach. BE IT FURTHER RESOLVED that this resolution be spread upon the Minute Books of the City of Virginia Beach and a copy thereof be presented to the said Lonnie White. ITEM #2139 R E S 0 L U T I 0 N (R76) WHEREAS, David Etheridge first joined the Public Utilities Department of the City of Virginia Beach on April 1, 1923; and WHEREAS, on September 16, 1969, the said David Etheridge retired after cornpleting more than forty-six years of faithful and valuable services to the City of Virginia Beach. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That as an expression of thanks, recognition and appreciation, on behalf of the citizens of said city, commends and congratulates the said David Etheridge for his loyal and outstanding service to the City of Virginia Beach. BE IT FURTHER RESOLVED that this resolution be spread upon the Minute Books of the City of Virginia Beach and a copy thereof be presented to the said David Etheridge. ITEM #2140 On motion by Mr. Payne, seconded by Mr. Tebault, and by unanimous vote, City Council approved on second reading the appropriation of $740.00 for the purchase of summer uniforms for ten jailors, ITEM #2141 On motion by Mr. Simmons, seconded by Mr. Marshall, and by unanimous vote, City Council approved the following application for a use permit subject to the requirements of the Site Plan Ordinance, Application of Alanton Recreation Center of Alanton Civic League, Inc. for a Use Permit to construct a recreation center on certain property located on the East site-of Stephens Road across from Baycliff Drive, running a distance of 781 feet along the East side of Stephens Road, running a distance of 420 feet along the Northern property line, running a distance of 781 feet along the Eastern property line and running a distance of 260 feet along the Southern property line. (Alanton-Baycliff Area). LYNNHAVEN BOROUGH. The Planning Commission recommends approval subject to the requirements of the Site Plan Ordinance. ITEM #2142 Mr' Ra' h Poole appeared before Council on behalf of the Diamond Springs, 0 Garden.ood Park, Shore Line Estates Civic League in opposition to the following application and presented a petition with 215 signatures. Mr. Richard Bell @@-S'e-cretary of Diamond Springs Apartments, Inc., appeared on e alf of the licant, Mr. Sam Houston and Dr. Ray Birdsona app 4rpd in opposition to the application. On motion by Mr. Cromwell, seconded by Mr, Marshall, and by unanimous vote, City Council denied the following application for and a use permit. Application of Diamond Springs Apartments, Inc. for a from Limited Commercial District 2 (C-L 2) and Residence S (R-@ 4) to Multiple Family Residence District (R-M) and a Use Permit to construct 154 townhouses and garden apartments on certain prope ty ocated on the East side of Diamond Springs Road North and South of Haden Road, running a distance of 840 feet along the Western property line of which 420 feet is the Eastern property line of Diamond Springs Road, running a distance of 555 feet along the Northern property line, running a distance of 840 feet along the Eastern property line, running a distance of 906 feet along the Southern property line. (Diamond Springs Homes Area). BAYSIDE BOROUGH. The Planning Commission recommends a modification of this request to approve 129 units subject to City water and sewer and approval by the Health Departments of the City of Norfolk and the City of Virginia Beach and the State Water Control Board. Approval is also subject to the requirements of the Site Plan Ordinance and screen fencing along the Eastern property line. ITEM #2143 On motion by Mr. Payne, seconded by Mr. Simmons, and by unanimous vote, City Council approved the following Ordinance rel.ative to dumping,of garbage, etc. AN ORDINANCE TO AMEND SECTION 17-2 ORD. #284 CODE OF THE CITY OF VIRGINIA BEACH, REQUIRING POSTING OF BOND FOR STRICT COMPLIANCE WITH PERMIT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Secti6n 17-2 is hereby amended and reordained to read as follows: "No garbage and other waste or disease producing material shall be dumped in any lot or space within the City for the purpose of filling or for any other purposes, without obtaining a permit from the Director of Public Health. No permit shall issue until the applicant has posted a bond approved as to form and surety, insuring strict compliance with the terms of the permit in the amount of $500.00 per acre or any part thereof." ITEM #2144 On motion by Mr. Simmons, seconded by Mr. Bonney, and by unanimous vote, City Council approved the following Ordinance relative to permit bonds. ORD. #283 AN ORDINANCE TO AMEND SECTION 6-42 CODE OF THE CITY OF VIRGINIA BEACH, TO REQUIRE POSTING OF BOND FOR STRICT COMPLIANCE WITH PERMIT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-42 is hereby amended and reordained to read as follows: "No permit shall issue until applicant has posted a bond, approved as to form and surety, insuring strict compliance with the terms of the permit in the amount of $500.00 per acre or any part thereof." ITEM #2145 The regul-.r of the Council of the City of Virginia Beach, Virginia, was held in the Councii Chamber-s of the Administration Building of the City of Virginia Beach on Ma@@ch 23, 1970, at 10:00 o'clock A.M. On molion by Mr. Payne and seconded by Mr. Tebault, the following resolution was unanimously adopted: R E S 0 L U T I 0 @'i (R74) WHEREAS, public necessity has required the straightening of a curve in the Holland Road right of way, with the substitution of a new section, which new section will serve the same citizens as before; and WHEREAS, the new section of Holland Road includes within its boundary lines all that portion of Parcels A-1 and A-2, property of W. R. Taylor, as will appear on the plat entitled, "PLAT OF PROPERTY TO BE DEDICATED FOR HOLLAND ROAD PROJECT NO. 710-66-004 VIRGINIA BEACH, VIRGINIA. FROM W. R. TAYLOR and R. J. ALFRIEND III et al Trs. SCALE: 1" = 100' DATE: 6/6/69 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CITY OF VIRGINIA BEACH, VIRGINIA," and WHEREAS, W. R. TAYLOR has agreed to convey to the City of Virginia Beach the above described portion of Parcels A-1 and A-2 in exchange for a deed, executed on behalf of the City, conveying to him the hereinafter described real estate; and WHEREAS, the preservation of the safety, health, peace, good order, comfort, convenience and welfare of the citizens of the City of Virginia Beach would best be served by this mutual exchange of real estate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the City Manager is hereby authorized to execute a deed of exchange, conveying to W. R. Taylor the following described property, to-wit: All that certain parcel of land, situated in the Princess Anne Borough of the City of Virginia Beach, Virginia, as will appear on that certain plat entitled "PLAT OF PROPERTY TO BE CONVEYED TO W. R. TAYLOR FROM CITY OF VIRGINIA BEACH, VIRGINIA, SCALE: ill = 100' DATE: 11/17/69 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CITY OF VIRGINIA BEACH, VIRGINIA", and being more particularly bounded and described as follows: To find the point of beginning, start at that point where the dividing line between the property now or formerly belonging to Isaac Gould and the property now or formerly belonging to W. R. Taylor, intersects the northern right of way line of this new section of Holland Road; thence from said point of intersection, S 230 21' 19" W (70.04') to the POINT OF BEGINNING; thence from said point of be- ginning S 230 21 - (76.21') feet to a pin; thence from said pin N 46;9'2'lW- 41" W (402.41') feet to a point; thence, in an easterly direction along a curve havi'ng a radius of (1477.39') feet and an arc distance of (283.80') feet and breaking to the left to a pin, which pin marks the POINT OF BEGINNING. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to attest said deed and affix the City seal. ITEM #2146 On motion by Mr. Payne, seconded by Mr. Ferrell, and by unanimous vote, City Council approved the followinq Ordina iewers relative to closing a portion of Holland Road req-uired@@ each. ORDINANCE APPOINTING VIEWERS *54 WHEREAS, the City of Virginia Beach, Virginia, has given due and proper notice, in accordance with the statutes for such cases made and provided, that it would on this day apply to the City 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 the hereinafter described portion of Holland Road in the Princess Anne Borough of the City of Virginia Beach, Virginia, and have filed such application with the said Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, Mr. Charles Kiley, Mr. David Norman, and Mr. Worth Petty, are hereby appointed to view the below described property and report in writing to the Council on or before April 27, 1970, whether in their opinion, any, and if any, what inconvenience would result from the discontinuing, closing and vacating of that certain portion of Holland Road, located in the Borough of Princess Anne, City of Virginia Beach, Virginia, and described as follows: ALL THAT CERTAIN portion of Holland Road "TO BE CLOSED" as shown on two separate plats which are to be read together for purposes of identification. They,are entitled: (a) "PLAT OF PROPERTY TO BE DEDICATED FOR HOLLAND ROAD PROJECT NO. 710-66-004 VIRGINIA BEACH, VA. FROM W. R. TAYLOR and R. J. ALFRIEND, III et al, Trs. SCALE: 1" = 100' DATE: 6/6/69 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CITY OF VIRGINIA BEACH, VIRGINIA." (b) "PLAT OF PROPERTY TO BE CONVEYED TO W. R. TAYLOR FROM CITY OF VIRGINIA BEACH, VA. SCALE: 1" = 100' DATE: 11/17/69 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CITY OF VIRGINIA BEACH, VIRGINIA,., and described as follows: To find the point of beginning, start at a pin at the inter- section of the Eastern property.line of Parcel A-2 (Property now or formeri@ belonginq to W. R. Taylor, as shown on afore- mentioned plat and the @-orthern right of way line of the proposed relocation of Holland Road (as shown on aforementioned plat), which pin is a Northwesterly distance of 6,422 feet + from the intersection of the Northern right of way line of tFe existing Holland Road and the Western right of way line of Princess Anne Road; thence S 080 52' 27" W a distance of (78.15') feet to the POINT OF BEGINNING in the northern right of way line of that portion of the presently existing Holland Road to be closed; thence S 890 20' 45" W (384.75') feet to a point; thence along a curve having a radius of (200) feet and an arc distance of (151.22) feet and breaking to the right to a point; thence N 470 19' 55" W @319.93) feet to a pin; thence N 460 21' 41" W (402,41) feet to a point, (as shown on the plat entitled, "PLAT OF PROPERTY TO BE CONVEYED TO W. B. TAYLOR FROM CITY OF VIRGINIA BEACH, VA. SCALE: 1" = 100' DATE: 11/17/69 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION CITY OF VIRGINIA BEACH, VIRGINIA", to be read in conjunction with the aforementioned plat); thence along a curve having a radius of (1,477.39) feet and an arc distance of @238 96) feet and breaking to the right to a point; thence S 33 24; 28" W (17.55) feet to a point; thence S 290 36' 41" E (65.69) feet to a point in the Southern right of way line of that certain portion of Holland Road marked "TO BE CLOSED"; thence S 460 21' 41" E (575.80) feet to a point; thence S 470 19' 55" E (319.93) feet to a point; thence along a curve having a radius of (230) feet and an arc distance of (173.91) feet and breaking to the left to a point;_thence N 890 20' 45" E (379.71) feet to a point; thence N 08u 521 27" E a distance of (30.42) feet to the POINT OF BEGINNING. ITEM #2147 Mr. Stewart Hayes appeared before Council and requested a deferral of the matter ot closing a portion of Surf Avenue. On motion by Mr. Bonney, seconded by Mr. Cromwell, and by unanimous vote, City Council deferred the street closure until April 27, 1970. ITEM #2148 On motion by Mr. McCombs, seconded by Mr. Whitehurst, and by unanimous vote, City Council approved the following Ordinance reordaining Ordinance No. 277 relative to Election Districts. ORD. #285 AN ORDINANCE TO REORDAIN AND AMEND ORDINANCE NO. 277 OF THE VIRGINIA BEACH CITY CODE RELATING TO ELECTION DISTRICTS WITHIN THE CITY OF VIRGINIA BEACH, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Ordinance No. 277 is hereby reordained and amended as follows: 1. For the period April 1, 1970, to November 1, 1970, a. The voting place for Trantwood Election District, formerly a part of London Bridge Election District, shall be the London Bridge Volunteer Fire Department. b. The voting place for Windsor Woods Election District, shall be the Lynnhaven Elementary School. c. The voting place for Aragpna-A, Election District, shall be Aragona Elementary School. d. The voting place for Kempsville, Arrowhead, and Larkspur Election Districts, shall be the Kempsville Volunteer Fire Department. e. The voting place for Woodstock-B, and Woodstock-C, Election Districts, shall be the Woodstock Elementary School. 2. On and after November 1, 1970, all voting places listed in Section 1, above, shall be as prescribed in Ordinance No, 277. 3. For the period April 1, 1970, to May 1, 1970, the voting place for all election districts in the Borough of Virginia Beach, that is, Virginia Beach-A, B, and C, is established as the Alan B, Shepard Civic Center. Thereafter, the voting places for the foregoing election districts, shall be as prescribed in Ordinance 277. @ITEM #2149 Mr. Harry Marshall, City Attorney, stated that two street closures in the Rudee Inlet area (Arctic Avenue and Old Pacific Avenue) had been deferred indefinitely at a previous meeting. He suggested, and Council agreed, that they be set for the Council meeting on April 27, 1970. ITEM #2150 On motion by Mr. Marshall, seconded b'y Mr. Ferrell, and by unanimous vote, City Council approved the salary increase for Mrs. Margaret Bell, employed in the Treasurer's Office, from $3,250.00 to $3,720.00. ITEM #2151 On motion by Mr. Whitehurst, seconded by Mr. Bonney, and by unanimous vote, City Council approved the transfer from Reserve for Contingencies in the amount of $2700.00 to cover the City's portion of a recently approved additional allowance of $5400.00 for extra help within the Office of the Commissioner of Revenue. ITEM #2152 On motion by Mr. Malbon, seconded by Mr. McCombs, and by unanimous vote, City Council reappointed Mr. John Waller and Mr. William Cox to the Board of Plumbing Appeals for terms of two years. ITEM #2153 On motion by Mr. Ferrell, seconded by Mr. Bonney, and by unanimous vote, City Council authorized the City Manager to enter into an agreement with the National Loss Control Service Corporation for a comprehensive municipal fire protection study. The cost of the study would be $19,200 and funds would be appropriated in @he 1970-71 budget to cover the cost of the study. ITEM #2154 On motion by Mr. Whitehurst, seconded b'y Mr. Marshall, and by unanimous vote, City Council approved the appropriation of $5800 needed in order to complete the 250-foot communications tower at the Central Communications Center. ITEM #2155 On motion by Mr. Cromwell, seconded by Mr. Malbon, and by unanimous vote, City Council approved a Mutual Aid Fire Fighting Agreement between the City of Virginia Beach and the City of Norfolk. ITEM #2156 On motion by Mr. McCombs, seconded by Mr. Marshall, and by unanimous vote, City Council approved the appropriation of additional funds to the 1969-1970 Welfare budget in the amount of $28,686, as follows: Additional Federal Funds And Re te cl Share State @nare, Old Age Assistance $ 65 500 $ 8,587 $ 56,913 Aid to Dependent Children 118:000 15,470 102,530 Aid to the Permanently & Totally Disabled 34,600 4,536 30,064 Medical Assistance to the Aged 250 93 157 Total Request $218,350 $28_,686 $189,664 ITEM #2157 Mr. Wi representing Lake Joyce PropertY Owner-@ League, appeared e ore rning the acquisition-of the 25-foOt strlp of land between Lake Joyce and the individual lots. The following Resolution was unanimously approved-. 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, March 23 , 1970, at 10.00 o'clock A.M. on motion by Mr. Ferrell, seconded by Mr. Marshall, the following resolution was unanimously adopted: R E S 0 L U T I 0 N (R77) WHEREAS, the City of Norfolk has previously conveyed to the City of Virginia Beach a certain body of water, known as Lake Joyce, together with a strip of land borderifig said Lake; and WHEREAS, the deed executed by the City of Norfolk requires that the strip of land be preserved for municipal uses; and WHEREAS, the property owners surrounding the Lake are desirous of obtaining ownership of those portions of the strip of land which abut their individual lots; and WHEREAS, the City of Virginia Beach would be willing to see the land so conveyed. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council interposes no objection to the citizens mentioned, making every effort to obtain a release of the restrictions contained in the deed; and BE IT FURTHER RESOLVED, in the event such restrictions are released, the Council agrees to convey appropriate portions of the strip to the abutting property owners. Mr. Scott stated that Sherry Park was included in planning and setting priorities for sewer jobs. ITEM #2158 Mr. Scott called a Special Meeting on Monday, March 30, 1970, at 9:00 o'clock A.M. in order to officially present the proposed budget for 1970-71. On motion by Mr. Marshall, seconded by Mr. McCombs, city Council unanimously approved the Special Meeting. Councilman Simmons stated that he had requested a status report on the investi- gation of Rudee Inlet from the City Manager's Office and Mr. Scott said he thought it would be completed and submitted to Council by April 6, 1970. Mr. Ferrell stated that he requested the City Clerk to furnish a report on the Minutes of the meeting that was held to change the Seaside Canal. The report of the Clerk was submitted to each Councilman and a copy placed on file in the Clerk's Office. On motion by Mr. McCombs, seconded by Mr. Ferrell, the:meeting adjourned. ran City of Virginia Beach, Virginia March 23, 1970.