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JANUARY 12, 1970 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,@@ VIRGINIA January 12, 1970 The regular meeting of the CounciZ of the City of Virginia Beach, virginia, was hezd in the CounciZ ChLmbers in the Administration BuiZding, in the Borough of Princess Anne, on Plonday, January 12, 1970, at 2:00 olczock p.m. CounciZmen present: Mayor Frank A. Dusch, Vice 14ayor Robert B. cromwezz, Jr., AZbert L. Bonney, Sr., George R. PerreZZ, D. Murray llazbon, Lawrence E. ?4arshatZ, John W. McCombs, J. Curtis Payne, G. Dewey Sinmons, Jr., and Kenneth N. Whitehurst. CounciZman absent: EarZ M. TebauZt The invocation was given by Reverend Emory S. EZZmore of Princess Anne Alethodist Church. On motion by 14r. MarshaZZ, seconded by Mr. Bonney, and by recorded vote as foZZows: Ayes: Mayor Frank A. Dusch, Vice M-ayor Robert B. CromweZZ, Jr., AZbert L. Bonney, Sr., George R. FerreIZ, D. 14urray IlaZbon, Lxdrence E. PfarshazZ, John W. vcO6mbs, J. Curtis Payne, G. Dewey Sinrnons, Jr., and Kenneth N. Whitehurst. Absent: Ea2,Z Ai. Tebault City Council approved the Minutes of the meeting of December 22, 1969.@ subject to the rewording of -Ttem #1092 as foZZows: City CounciZ approved the czosing of a portion of a street indicated on the map of Chesapeake Park as Lauderdale Avenue, formerzy known as Lake Avenue in the Cnesapeake Beach area, provided a 50-foot pubzic street is left in the right of way as shown on the pzat @mitted with the appzica- tion for czosure. The reading of said Minutes was dispensed with, inasmuch as each CounciZman had a copy before him. ITEM On motion by Mr. Payne, seconded by Mr. CrormoeZZ, and by recorded vote as fozzows: 2007 Ayes: 14ayor Frank A. Dusch, Vice Mayor Robert B. CromeZZ, Tr., AZbert L. Bonney, Sr., Geo2,ge R. FerreZZ, D. Murray MaZbon, Lcaorence E. MarshaZZ, John W. @IcCombs, J. Curtis Payne, G. Dewey Sinmons, Jr., and Kenneth N. Whitehurst. Absent: Earz M. Tebault City Council approved the foZZowing on second reading: 1. Appropriation of $1,981 to Account 170 for the Police Department personnez and $612 to Account 201 for Advertising. 2. Expenditure of $127,000 for certain improvements in the Airport IndustriaZ Park of which @50,000 will be expended from Authority funds and $77,000 witz be loaned to the Authority subject to repayment to the City of Virginia Beach as the land in th.e Airport -TndustriaZ Park is sold. ITEM On motion by 1.1r. MaZbon, seconded by 1-fr. Sin",ons, and by recorded vote as faZZcws: 2 ? Ayes: Mayor Frank A. Dusch, Vice A-layor Robert B. CromweZZ, Jr., AZbert L. Bonney, Sr., George R. Ferrell, D. Murray Malbon, Lawrence E. IlarshaZZ, @Tohn W. t@ccombs, T. Curtis Payne, G. Dewey Sinvnons, Jr., and Kenneth N. Whitehurst. Absent: EarZ M. Tebault Cit-y CounoiZ deferred the folzowing appzication for han e o ;?onin and a ermit for 30 days. Application of F. Wayne McLeskey, Jr. for a change of zoliing froi)i Rcs- ideiice Suburban District 3 (R-S 3) to Multiple Family Residence District (R-M) and a ge, Perrnit to construct 46 townhouses on ccrtain propcrty located on the Northeast corner of Virginia Beacb Boulevard and Cliesopcian Trail, running a distance of Z66.76 fect along the East side of Clicsopcian Trail running a distance of 81Z.23 'feet along the Northern property line, running a cflstance of 175.19 feet along the Eastern propcrty line, @iiing a distance of 685 fect along the North side of V@rginia Beach Boulc@ard. (Chesopcian Colony Area). LYNNHAVEN BORO UGH. The Planning Cornmission recommends a modification of this request. The portion of the application requesting a change of zoning to Multiple Family Residence District (R-M) was withdrawn. The action of the Planning Com- mission includes only that portion of the property presently zoned Multiple Family Residence District (R-M). Approval is recommended for a Use Permit to construct 60 apartment units subject to the requirements of the Site Plan Ordinance and City watcr and sewer. ITEM Mr. PhiZip Deyman appeared before City Council on behazf of the appzicant and stated 2009 that the water had been taken care of and the sewer requirements were in question at this time. Mr. Mac Owens, Virginia Beach Health Department, appeared to answer any questions. On motion by Mr. Payne, seconded by Alr. Sipmons, and by recorded vote as foZZows: Ayes: Alayor Frank A. Dusch, Vice ?4ayor Robert B. CromweZ,,, Jr., Azbert L. Bonney, Sr., George R. FerreZZ, D. Murray AlaZbon, Lawrence E. AfarshaZZ, John W. iiccombs, J. Curtis Payne, G. Dewey Sinnons, Jr., and Kenneth N. Whitehurst. Absent: EarZ M. Tebault City Council approved the following appzication for and a use vermit subject to City water and sewer and the requirements of the Site PZan Ordinance. Application of Lynn Bay Holding C6rp. for a frorn Residence Duplex District 2 (R-D 2) to Multiple Fan-iily Residence Dis- trict (R-M) and Limited Commercial District 3 (C-L 3) and a Use Permit to construct 40 apartment units. Parcel I to be Lin-,ited Cornmercial District 3 (C-L 3): Beginning at a point on the North side of Gunn Hall Drive 67 feet East of Oceana Boule- vard and running a distance of 142 feet along the North side of Gunn Hall Drive, runnin@ a distance of 125 fect along the Eastern property line, run- ning a distance of 95 feet along the, Northern property line and running a distance of 140 feet along the Western property line. Parcel 2 to be Mtiltiple Farnilv Rpsidence District (R-M) and a Use Per- mit to construct 40 apartment units: Beainning at a point on the North side of Gunn liall Drive 209 feet East of Oceana Boulevard and running a distance of 355 feet more or less along the North side of Gunn HaU Drive and run- ning a distance of 250 feet along the Eastern property line and runnii)g a distance of 300 fect along the Northern property line and running a distance of 385 feet along the Western property line. (Gunn Hall Manor Area).. PRINCESS ANNE BOROUGH. Thc Planning Cornmission recornmends approval of tliis requcst stibjcct to City water and sewer ajid the rcqtiirements of thc Site Plan Or(,Iiiianqe. appeared before City Councit on behalf of the applicant. On motion by llr. Payne,.seconded by @Ir. Bonney, and by recorded votemq folzows.- Ayes: Mayor Frank A. Dusc7i; V@Ice Pfayor Robert B. CromweZZ, Jr., AZbert L. Bonney, .5r., Geo@qe R. FerraZZ, D. Murray @,4albon, Lawrene-c E. Ilarrhall, Tohn F/. AIcCombe, T. Curtis Payne, G. Dewey Sittffnons, J2,., and Kenneth IV. Wiite7zurst. Absent: Earl @l. TebauZt City CounciZ approi)cd the foZZoidin,,7 application for a u@e subjec,-t to (,'ity water and t,,cwer a@id tlie requirements of the Site Plan r,4in(irice. Application Of Mill Russ Construction Cornpany, inc.' by Talbot aAd Associates for a se P@@,nit tO construct 102 townliotibc s On ccrtain property located on the South side of L@,I,,,rest Rotd begii point 150 fect West of Club House Road, running @t distanc feet along the Soutli side of Lakccrest,Road, runi,ling a dis 100 fect along the Western property line, running a distanc fee alon t I g tlie Southern property line and running a di.,;ta@ic feet along tlie Eastern property line. (Princess Anne Pla7a Area@. PRINCESS ANNE BOROUGH. The Planning Commission recornrn,ends denial of this requcst as corn- munity facilities are not available to serve the residents of these proposed dwelling units. Mr. Harold Whitehurst. Director Parks a@Recreation, appeared before City Counciz requesting approvaz of the folzowing appzications for use permits to construct parks. On motion by Mr. Simons, seconded by Mr. MaZbon@ and by recorded vote as fozzows: 011-a Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. CromweZZ, Jr., AZbert L. Bonney, Sr., George R. PerreZZ, D. Murray Malbon, Lawrence E. MarshaZZ, John W. McCombs, J. Curtis Payne, G. Dewey Si=ons, Jr., and Kenneth N. Whitehurst. Absent: Earz M. Tebauzt City Council approved the folzowing appzication subject to the Site Plan Ordinance. Application of the City of Virginia Beach, Department of Parks and Recreation, for a TJse Permit to construct a park on certain property located on the East side of South Birdneck Road beginning at a point 350 feet more or less North of Owls Creek Lane, running a dii;tance of 561 feet along the East side of South Birdneck Road, running a dis- tance of 479 feet along the Northern property line, running a distance of 488 feet along the I,:astern property line and running a distance of 454 feet along the Southern property line. (Seatack Area). LYNN- HAVEN BOROUGH. The Planning Coramission recommends approval of this request subject to the requirements of the Site Plan ordinance, # On motion by Mr. Siffmons, seconded by Mr. MaZbon, and by recorded vote as fozzows: 011-b Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. CromweZZ, Jr., Albert L. Bonney, Sr., George R. FerreZZ, D. Murray MaZbon, Lawrence E. MarshaZZ, John W. AfoCombs, J. Curtis Payne, G. Dewey Siumons, Jr., and Kenneth N. Whitehurst. Absent: Earl M. TebauZt city counciz appr oved th@ foZZowing appzication @ject to the Site PZan Ordinance. Application of the City of Virginia Beach, Department of Parks and Recreation, for a Use Permit to construct a park on certain property located 110 fect North of Chicken Valley Road, running a distance of 31Z feet along the Western property line, running a distance of 462 feet along the Northern property line, running a distance of 444 feet along the Eai3tern property line and running a distance of 392 feet along the Southern property line. (Point 01 Woods Area). LYNN- HAVEN BOROUGII. The Planning Commission recommends approval of tbis request oubject to the requirements of the Site Plan Ordinance. 6. - -. .1 - Mr. Calvin Spai- Attorney, appeared before City CounciZ representing the appzicant. On motion by Mr. Payne, seconded by Mr. Sir=ons, and by recorded vote as foZZows: Ayes: Mayor Frank A. Du sch, Vice Alayor I?obe@t B. Crom,)eZZ, Jr., AZbe@t L. Bonney r., ' S George R. b'erreZZ, D. 1-furray,Alalbon, Lawrence E. Mar-hall, John W. @IeCombs, J. Curtis Payne, G. Dewey Siniinon@, Jr., and Kc?2neth N. P/;Iitchu2et. Abi3ent: Larl M. I'ebauZt City CounciZ approved the foZZoiding apl)lication for a uce r)c!r@nit sublect to City water and sewer a@zd a dedication of 45 feet from tlie center I'll If P'linccrq A@ine Road. Approval is furtlier sul)jcct to the requirenients of tlic Site Plari Ordinance and t72c propoBed structure Bhal@l conform to tlie regulatio@ic set forth l,y tlie ilietc)i@ic '@evicz,) Board. Application of B. L, rink by 11. Calvin Spain, Attorney, for a Use Peri-nit to coiistruct a PoEt Office on certain property located on the North side of Princess Anne Road beginnin(, at a po.int 3700 fect rnore or leas West of Landatown Road, running a distance of 139 fect along the North side of Princess Anne Road, running a distance of 496. 92 feet along the Eastern property line, running a distance of 170.47 feet along the Northern property line and running a distance of 545. 89 feet along the Western property line. (Princess Anne Courthouse Area). PRINCESS ANNE BOROUGH. The Planning Commission recommends approval of this request subject to City water and sewer and a dedication of 45 fect from the center line of Princess Anne Road. Approval is further subject to the reqilirements of the Site Plan Ordinance and the proposed stru--ture shall conform to tbe regulations set forth by the Historic Review Board. ITEtl Mr. DougZas TaZbot, Barr. CZark and Howard Weissberg appeared before City Council on behalf of the a@p q -- 2013 cant and showe pzat of the prposed pzan. Mr. Richard If. MarshaZZ from the Windsor Woods Civic League appeared and read a Zetter from the Ctvic League in opposition to the appzication. Mrs. Cune a citizen, appeared before City CounciZ in opposition to the appzication. On rwtion by Mr. Bonney, seconded by Mr. FerreZz, and by recorded votelas foZZows: Ayes: Mayor Frank A. Dusch, AZbert L. Bonney, Sr., George R. FerreZz,!D. Murray MaZbon, Lawrence E. A!arshaZZ, John W. McCombs, J. Curtis Payne, G. Dew y Si?mons, Jr., and Kenneth N. Whitehurst. Nay: Vice Ifayor Robert B. CromweZZ, Jr. Absent: EarZ Af. TebauZt City Councl&',Z approved the following application fr a change of zoning subject to City water and sewer and a dedication of 45 feet from the center Zine of HoZZand Road. ApprovaZ is azso contingent on a satisfactory agreeme7it being attained between the SchooZ Board and the developer for a school site. Application of Windsor-Holland Company for a change nin from Residence Duplex District I (R-D 1) to Residence Suburban District 4 (R-S 4), Multiple Family Residence District (R-M). Limited Commercial District I (C-L 1) and General Comrnercial District 3 (C-G 3) on cer- tain property located on the North side of Holland Road beginning at a point 1600 feet West of Rosemont Road bounded on the East by Pecan Gardens and Windsor Woods, bounded on the North by Windsor Woo@s and running a distance of Z668 feet along the Western property line. Plats with more detailed information are available in the Office of the Department of City Planning. (Windsor Woods - Pecan Gardens Area). KEMPSVILLE BOROUGH. The Planning Commission recommends approval .of this request subject to City water and sewer and a dedication of 45 fect from the center line of Holland Road. Approval is also contingent on a satisfactory agreement attained between the School Board and the developer for a school site. 14 appeared before City Counciz on behazf of the foZZowing appzication. On motion by Mr. @IcCombs, seconded by Mr. Malbon, and by recorded vote as foZZows: Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. CromweZZ, Jr., Albert L. Bonney, Sr., George R. PerreZZ, D. i1/2rray 14albon, Lawrence E. Marsha1z, John W. IIcCombs, J. Curtis Payne, G. Dewey Sinnons, Jr., and Kenneth N. Whitehurst. Absent: EarZ t@f. Tebault City CounciZ approved the loZZowing appzication for a ermit subject to the requirements of the Site PZqn Ordinance. Application of Double Delta Corporation T/A Royal Clipper Motor Lodge for a Uge Permit to construct nine additional Motel u,its on certain property located on the Southwest corner of Atlantic Avenue and 36th Street and running a dii;tance of 140 feet along the West side of Atlantic venue. running a distance of 150 feet along the South side of 36th Strect, running a distance of 140 fect along the Weatern property line and running a clistance of 150 feet along the Southern property line. VIRGINIA BEACH BOROUGH. The Planning Comn-itasion recon=ends approval of this request subject to tlie requirements of the Site Plan Ordinace. @m Air. Robert Franeq appeared on behazf of the appzication and expzained that it wouzd W15 be s standard housini - FHA BIZZ 236. Mr. C@apZain appeared to ask questions regarding the housing. On motion by Mr. Simons, seconded by Mr..Malbon, and by recorded vote as foltows: Ayes: Mayor Frank A. Dusch, Vice Alayor Robert B. CromweIZ, Jr., AZbert L. Bonney, Sr., George R. FerreZZ, D. 1-furray MaZbon, Lctwrence E. MarshaZZ, Tohn W. McCombs, J. Curtis Payne, G. Dewey Sinmons, Jr., and Kenneth N. Whitehurst. Absent: Earz P@. TebauZt City CounciZ approved the foz@ing application for change of zoninq and a use permit subject to City water and sewer and a site pzan to be approved by the Department of Planning. Application of W. R. Kelley Company for a change of zoning from Gen- eral Industrial District 2 (M-1 2) to Multiple Family Residence District (R-M) and a Use Permit to construct 404 apartment units on certain property located on the Northeast corner of North Birdneck Road and Hope Avenue and running a dii;tance of 200 feet along the East side of North Birdneck Road. running a distance of 2575 feet along the Southern property line, Northern property line of Hope Avenue and the Norfolk and Southern Railway Co. Right of Way, running a distance of 1900 feet along the Northern property line. Plats and more detailed informa- tion are available in the Office of the Department of City Planning. (Seatack Area). LYNNHAVEN BOROUGH. The Planning Commission recomynends approval of this request subject to City water and sewer and a site plan to be approved by the Department of Planning, ITEM #Mr. Grover Wriaht appeared representing the appzicant. 2016 On motion by Mr. Simons, seconded by tir. ?JaZbon, and by recorded vote as fozzows: Ayes: Mayor Frank A. Dusch, Vice Maycr RObert B. CromweZZ, Jr., AZbert L. Bonney, ,7r., 'George R. FerreZZ, D. I,,furray MaZbon, Lawrence E. MarshaZz, John W. McCombs, J. Curtis Payne, G. Dewey Sirmons, Jr., an,d Kenneth N. Whi@ehurst. Ab,ent: Earl Af. TebauZt City CounciZ approved the foZZowing appzication for a change of zonina and a use r)ermit subject to City water and sewer and a dedication of 45 feet from the center line of First CoZoniaZ Road and @ject to the requirements of the Site PZan Ordinance. Application of H. Lynn Womack by Grover C. Wright, Jr., Attorney, for a change of zoning frorn Residence Suburban District 2 (R-S 2) to Multiple Family Residence District (R-M) and a Use Permit for pro- fessional offices on certain property located on the East side of First Colonial Road beginning at a point 2068 feet North of Will-O-Wisp Driv, and running a distance of Z38 feet along the East side of First Colonial Road, running a distance of 390 feet along the Northern property line, running a distance of 181 feet along the Eastern property line, running a distance of 385 fee't along the Southern property line. (General I-lospital of Virginia Beach Area). LYNNHAVI,:N BOROURH. The Planning Cornmission recoramends approval of this request oubject to City witer and sewer and a dedication of 45 fect from tlic ccnter line of First Colonial Road and furtlier sul4ject to tlic requirements of tila Site Plan Orclinance. ITEM @Ir. GarZand La.Yton, Attorney, appeared before City Council On behalf of the appzicant. ZUI 7 On motion by Mr. Sinmons, seconded by ?,ir, ?4aZbon, and by recorded vote as fozzows: Ayes: Mayor Frank A. Dusch, Vice @layor Robert B. Cromweiz, Tr., AZb ert L. Bonney, Sr., George R. Ferrell, D. Murray PlaZbon, Lcaorence E. MarshaZZ, john W. 14cCombs, J. Curtis Payne, G. Dewey Sinnons, Jr., and Kenneth N. Whitehurst. Absent: EarZ 1,1. TebauZt City CounciZ approved the foZZowing appzication for subject to City water and sewer. Application of Lee Srnith Conduff by Garland M. Layton, Attorney, for a from Residence Suburban District 4 (R-S 4) to Resi- de: trict 2 (R-D 2) o@ certain property located on the North and South sides of South Strearnfi-@e Drive and the South side of Ego Drive. Said lots are designated as Lots 26, Z7, 28, 2 9, 30, 31, 32. 41, 42, 43, 44, 45, 46, 47, 48, and 51 as shcrwn on the Plat of Oceana Village. (Oceana Village Area). LYNNHAVEN BOROUGH. The Planning Comxnission reconunends approval of this request subject to City water and sewer. Richard BEZZ appeared before City CounciZ on behazf of the appzicant. 018 Mr. Robert Poole appeared on behazf of the Diamond Springs, Gardenwood Park Civic League, n opposition to the appzication because of schooz overcrowding and traffic probzems. On motion by Mr. MarshaZZ, seconded by Mr. CromweZZ, and by recorded vote as foZZows: Ayes: Mayor Frank A. Dusch, Vice-Mayor Robert B. CromweZZ, Jr., AZbert L. Bonney., Sr., George R. FerreZZ, D. Murray llazbon, Lawrence E. l@arshaZZ, Tohn W. IIcCombs, J. Curtis Payne, G. Dewey Sinmons, Jr., and Kenneth N. Whitehurst. Absent: EarZ m. Tebault City CounciZ referred the appzication for chan,,7e of --on@n and a ermit back to the PZanning Convnission to be brought bac7< to Cu,,iZ in March. Application of Diamond Springs Apartments, Inc. for a change of zonin from Limited Commercial District 2 (C-L 2) and Resid District 4 (R-S 4) to Multiple Farnily Residence District (R-M) and a Use Permit to construct 154 townhouses and garden apartments on certain property located on the East side of Diamond Springs Road North and South of liaden Road, running a distance of 840 feet along the Western property line of which 420 feet is the E:astern 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, run- ning a distance of 906 feet along the Southern property line. (Diamond Springs Homes Area). BAYSIDE BOROUGH. The Plannin g Cornrnission reconunends denial of this request as the site plan submitted with the application does not conform to the site plan requirements as established by the Cify of Virginia Beach. on motion by Mr. CromweZZ, @econded by Mr. tfarshaZZ, and by recorded vote as foZZows: 9 Ayes: Alayor Fra nk A. @ch, Vice Mayor Robert B. CromweIz, Jr., AZbert L Bonney, Sr., George R. Ferre.11, D. A!urray AfaZbon, Lawrence E. AlarshaZ, John W. lIcComb" i. Curtis Payne, G. Dewey Simons, Jr., and Kenneth N. Whitehurst. Absent: EarZ M. TebauZt City CounciZ approved the foZZowing appzication for a e-it @ject to the require- ments of the Site PZan Ordinance. Application of Gustava Corporation for a Use Permit to construct a sanitary oewer purnping station on certain property located 30 feet North of Shell Road and 1985 feet East of Northarnpton Boulevard. (Lakeview Park Area). BAYSIDE BOROUGH. The Planning Comrnission recommends approval of tliia request subject to tho requirernents of tlie Site Plan Ordinance. ITEM tlr. Tred N,? 01@"I"O appeared before City CounciZ on behazf of tlze appzication and said 2020 tl@, Old I)OItill@ cl@Irch had no opposition, that the gover@7ing body had been notified. Mr. Harry MarshaZZ questioned the endorsement of Old Donation Church. On motion by ?,ir. varshall, seconded by 14r. CmmwetZ, and by recarded vote as foz@s: Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. CromeZZ, Jr., AZbert L. Bonney, Sr., George R. FerreZZ, D. Murray 14albon, Lawrence E. MarshaZZ, John W. McCombs, J. Curtis Payne, G. Dewey Simons, Jr., and Kenneth N. whitehur@st. Absent: EarZ !f. TebauZt City CounciZ approved the foZZowing appzication for g and a use perit subject to City water and Sewer and a dedication of 45 feet from -F@e center n, of Witchduck Road and f?irther @ject to the requ@'rements of the Site PZan Ordinance. Application of Pembroke Meadows AssociateB for a cbange onin from Residence Suburban District I (R-S 1) to Limited Commercial District 2 (C-L 2) and frorn Residence Suburban District I (R-S 1) and Limited Commercial District 2 (C-L 2) to Multiple Family Resi- dence District (R-M) and a Use Per-it to construct a 120-bed nursing home. Parcel 1: Cbanp @e Use Permit for a 120-b e: South- west corner of Wit stance of 180 fect along the South Side of W@ ance of 460 feet along the West side Of Cz tance of 244 feet along the Southern proper e of 522 feet along the Western property Parcel 2: from R-S I t Beginning at a point on the So vard and runni Boulevare ence duck Roa( Witch- line. runi rty (Pembrok e. rea GH. The Planning Coramission recommends approval of this request subject to City water and sewer and a dedication of 45 feet from the center line of Witchduck Road and further subject to the requirements of tlie Site Plan Ordinance. Mr. M. G. Evans, Tidewater Association of HomebuiZders, appeared before City CounciZ requesting a meeting with the CounciZ within this week or deferraz of the foZZowing matter untiz the week of January 26th. The r,?atter of was deferred untiz Monday, January 19, 19 at the informaz meeting to decide what ac its reguzar meeting. On motion by Mr. lvarshaZZ, seconded by Mr. CronweIZ, and by recorded vote as fozzows: 021 Ayes: Mayor Frank A. Dusch, Vice klayor Robert B. CromweZZ, IJr., Albert L. Bonney, Sr., George R. FerreZZ, D. @lurray t,!aZbon, Lawrence E. @larshaZZ, John W. 14cCombs, i. Curtis Payne, G. Dewey Sinmons, Jr., and Kenneth N. Whitehurst. Absent: EarZ M. TebauZt City Council approved the foZZowing appzications for tax refunds, a totaz of $3,804.72. .2 L/ 36z k V. 1'77SIl 3@ 17 11@17 9"7 F 3 13 7 7,117 4/ @-3 13;7 11016 16 7. 0 Above applications@for re .taxes apprpved. Above aP,Zications@for refund of taxes approved by @itY CounciZ Dated: Tanuary 8, 1970 22 On motion bY Mr. AfarshaZZ, Secondd by Mr. Crom,,ell, and,by recorded vcte as foziows: Ayea., Afayor Frank A. Dusch, Vice Alayor Robert B. cromweZZ, Tr. Gecrge R. FerreZZ, D. Ilurr - Af aY @falbon, Lawrence E. AZbert L, Bonney, sl?., P,2yne, G. Dewey simmo,,, I 7r., and Kenneth N. arhaZZ, jolin TV. I.IcCombs, J. Curtis C'ty Council aPProved a recolution req hqzitehurst- Absent: F,,arl l@f. Tebult BaY,'3ide ]3orou(7;i. ter . &tem,- 0 and to furnicl@ water through a prbposeducwsating -t7y2e e't7/ Of Norfolk to make a -O"Iction located at l@ebli77 Place, TO SYSIrM, LOCATr-j) PROPO@-, D T@7ATI@ A .._WEBLIN PLACE. -IN 'VEE CJ'I'Y OF VIRGnIIA Br,,tCtI, -R WIMREAS, the request of It 's PrOnOsed by the OitY Of Virginia Peach, Virginia, at Inain in accordance w tO e.,Ctend a propoaed water itli tha cxist. I - - Bach and the CitY of Norfolk, ill xng C,7)ntrac- !).-2@icen t:lie city of Virg4nia :in tlie s Name of Size of Liiien.1 No. of Lt r- e@L e p_n t s Hampstead Court 4" 262 all as described and shcx,7yi on plan enti-tled, site Plan - Weblin Place as prcdared by d@A @. @c i7 Frank D. Tarrall, Jr. rTg i-T e@. date 196 bL@ and i- hereby is, requested to a connec@ion of the proposed water mains with the present riains of said City at tbe said desigration, and upon completion of the installation of the proposed mains, to supply water to consumers residing thereon, it being e3cpressly under2tood and agreed that the supplying of aaid water by the City of iiorfolk shall be upon and subject to the follo-,ving terms and conditionss 1. That the said viater mains shall be installed in accordance with the sp--cifications of the said City of Piorfolk and to the satisfaction of the Director o@@ Public Vlorks of said City, at no cost to the City of -Norfolk. 2. That the water so supplied throua.h naid mains to consuzners shall be at the same rate noi@i, or hereafter, cliarged by tl)e City of Norfolk to consLuners beyond the liriits of said City similarly situated. 3. That all ordin,ances of the City of btorfollc and all rules and regulations of the Llivi-sion of v7ater Supply of said City, nm-i or hereafter adopted and put into effect, relating to the furnish4.ng of water shall apply to tlie supplying of water through the said proposed inal.ns. 4. That the said City of k7or@r-olk shall be Qnder no obligation to furnish more v@ater than its distribution oystem as ;icrd Ia--*@d, wi-,h the pressure carried, will deliv6r in-o said raains and if the said supplying of water shall not be in'accorcance with tl)e s@andard se@vice, the said City of klorfolk shall not be hcld re.@pon3ible in Finy way. 5. That in sup ,plying water to consu.,,ners along the said proposed mains, the Citl, of Norfolk x@ill supply the samo only frori its sunplus SUPPIV, and that in no event sliall -here bo any obligation on tlic part of said City to supply water to any coiisuuers along th-- proposed at any time vilaen, in the judg(2,,ion.- of the council o@- '-hc, raid Citlr o !,Toj.-foj.k, thc@, said City shall not liav(-- sufj.!.ci(,nt for ur;e wi,-hin its cor-rorate liriitfl, or I,Yhenever tlie supply@lyig of said oholl th(-, difcl)arge of the duty of said Cicy to nLil,.,I?ly watk'r to itf3 47,%,n iiiiiabitant,'3. 6. That froya aiid after tlie i.ns-allation of th@ wztor maiis alid hydrant-.s thcy sliall beconic the prc)pcr-ty C -L-y of Virginia ]3eacli. TI)e Ci.ty of Vicgiziia sliall grzin'c to t@i,-,, ('3@ty of @.liorfoll@ the ri(lit to use ouch iiiai@ii iind for tli(, tiL@y.,ply of ai)d Etirtll(,r @7rantr to the C-ity of @loriol.17 riicl to thr-,ir,. 7, Tl,o-I for ')ny f!-rc ]'Ydrent inoi:a at tlic rog,iest of the City of Virginia peach, r@-ntal Paynient.of One ilundred Dollar, ($100.00) fllr 3ach hydrant sliall a year I be paid to be C'tY Of Norfolk. ADOPTED By -B COD14CIL o4l th% CitY Of Virginia Beach, Virginia this @ay Of 19 APPROVFD.. ATTESTE, ITEM On motion by mr. @iteh-st, seconded by ifr. MarshaZZ, and by recorded vote as foZzo,,: 2023 Ayes: Mayor Frank A. D4sch@ Vice Mayor Robert B. CronweZZ, r A b rt L. Bonnell. George R' FerreZZ, D. M-ray MaZbon, L T Z e Payne, G. Dewey sirmons caorence E. t@shaZZ. .- Sr Jr., and 7ohn @. @@ccombs, j. Curtis Kenneth N. Whitehrst. Absent: Earl M. TebauZt OitY CounciZ approved tle salary change of A. L. Test from $3,250.00 to $3,395.00, effecti,oe Januarv 1. 1970. gt- Test is in the C, office. I On motion by mr. 14arsh,ZZ, seconded by Mr. t4cCombIs, and by recorded vote as fozzows: 2uz4 Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. crorwezz, Jr., AZbert @. Bonney, Sr. ,7eorge R. FerrezZ, D. Murray Malbon, Lcaorence E. Marshall, John W. McCo@s, J. Curtis Payne, C. Dewey Sirmnons, Jr., and Kenneth N. Whitehurst. Absent: EarZ M. TebauZt CitY Cou@ciZ approved the sazary increase of @ir. RonaZd P. Hammers to $12,500. The City's share of this i'ncrease for the six months @eriod begirn January 1st, wouzd be $125.00. Mr. Hamers is in the ConmonweaZth kttorney's 0 @cge. 2025 On motion by Mr. McCombs, seconded by Mr. Whitehurst, and by recorded vote as foZZows: Ayes: Mayor Frank A. Dusch, Vice 14ayor Robert B. CromeZZ, 7r. , AZbert L. Bonney, Sr., George R. FerreZZ, D. Murray MaZbon, Lawrence E. A.arshall, John'W. AIcCombs, J. Curtis Payne, G. Dewey Sinrnons, Jr., and Kenneth N. Whitehurst. Absent: EarZ 14. TebauZt City CounciZ authorized the City Ilanager to enter into an agreement with Norpaco Corporation rezative to a sewer force main and pumping station in the Birdneck area. 26 On motion by 14r. 14cConibs, seconded by Ifr. Whitehurst, and by recorded vote as foZZows: Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. Cromwell, Jr., AZbert L. Bonney, Sr., George R. FerreZZ, D. Murray MaZbon, L=rence E. MarshaZZ, John W. McCombs, J. Curtis Payne, G. Dewey Sinrnons, Jr., and Kenneth N. Whitehurst. Absent: Earl M. Tebauzt City CounciZ approved the appropriation of $533,650.00 to the Bureau of Refuse DisposaZ for operating cost for the fiscaz year ending June 30, 1970, and for a capitaZ outzay and site, acquisition,'as fozzows: 1. @ansfer from Rcserve for Contingencics - -Refuse DispoeaZ $104 ',P30.00 2. Transfer from Reserz)e for Contingenoies - SaZary A@ustm@2ts 75,420.00 3. Increase I-,,,Stin?ated Revenue for Pcfu,-e.DisposaZ C72aMes (CoZZections from ivorfolk and ot@iers) 304,000.00 4. Appropriate from Surplus 50 Ooooo TotaZ 5 @00 HOUSE BILL NIO. A BILL TO EMPOIIER OF CITIES A 'niE COV7RNING BODIEC ND COU,@TIES TO r@ECUIRJ,, CO!qTF',IBITTIONS I'VIDE NFCES'@7A, y ' SUBDIVISIO,q OF R-LAL ESTATL@ By THE BE IT ENACTED BY THP GENEPAL ASSEMBLY OF VIRGIN IA: That, the Code of Virgini, be amended by the 1, as follows: addition Of a new section 15.1-465. "Sec. 15.1-465.1. Required contribution in aid of public improvement. a. The governing body of anv county or municipality may include in an ordinance Pdopted for the orderly control of the subdivision of land Provisions requirin@ the dedication of a portion Of t@le Property subdivided as a site, or as Sites, 4 'I n e nce Of such schools for the erection nnL, Dii t n@@, , parks, and Playground purposes @s @-re rensonabl,y necessery to serve the 1- PrOPOsed subdivisidn. cucll PrOvisiOns sll;311 SeL forth the standerds that are to 'L@ ,e -!ppl@@ed in determininl,- the amount of land to be dedicated, @inci such StPncl,?2-c:q- @,,hill- be based upon the number and typ(, of elwcllj,.n@ uni.ts or structures to be inclu(Jed iD 0OCh S LILdivis.'LC)n. b. If the ovc3-nir,, 1)0(3y c)4-- ally colinty Dl-- l-,ILlniCipality adopt s provisions reqllirin,@ a subdivider to dedicate school, park, nnd Playground sit6s, -,s authorized by sul,)section (a.) hereof, the governing body a Y also OdOPt, as a part pf tile -ooverning body's SLlbdivision control re-ulations, provisions reqUiring a subciivider, in lieu OL' riedic@-tin, such sites, to PaY to the governin, 'o(Ty a suin of nioney equal, to the value of-the land thar @@7oule ottlerwise be required to be dedicat,d for school, pprk, end Play,@,round purposes. All. funds so received by applic@tion of such provisions shell be held by the govern@Ln- body .-nd shall I)e c- appli-ed and used by the governinc., body in s(icli a way as to provide school, park, end playground facilities @or the -L)enefl.t of the residents of the subdivisi.on for which p,-@vrIlent made. on motion by Mr. MCCO@S, seconded by Mr. Marshall@ the meeting adjourned. Frank Rclh@ city 6f Virginia Beach, Virginia January 12, 1970.