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HomeMy WebLinkAboutJANUARY 3, 1977 MINUTES OF THE HONORABLE CITY COUINCLL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA January 3, 1977 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. Ifolland, in the Conference Room, in the Administration Building, Princess Anne Borough, on @londay, January 3, 1977, at 1:00 p.m. Council Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Council Members absent: Floyd E. Waterfield, Jr.* ITEM #10327 There was no motion to go into either the informal meeting or the Executive Session. City Council took no formal motion but did publicly discuss with Attorney Robert G. Doumar, representing Mr. Fred L. Liebold of Liebold Construction Company, developer of Brigadoon, their request for a clarification of the City policy regarding requiring dual lane highways as a condition of subdivision approval. They did request a monetary credit from the City for the work performed by them in the development of Brigadoon. The City Council referred the request to the City Attorney for legal guidance. The City Manager discussed the problems involved with the maint- enance dredging of Lynnhaven Inlet. Formal action was deferred. *Councilman Waterfield entered meeting at 1:08 p.m. ITEM #10328 At 2:00 p.m., City Council reconvened in the Council Chambers with the following Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by the Reverend William E. Austin, Virginia Beach Christian Church, followed by the Pledge of Allegiance. ITEM #10329 On motion by Councilman Ferrell, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne,, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following resolution and present same to the family of Edward Butler (Bubba) Bayne: @R E S 0 L 17 T I 0 N WHEREAS, Edward Butl(,r (Bubl)a) Bayne was call.ed to serve his Eternal Master on Friday, !4ew Years Eve, December 31, 1976, having served Iiis fellowili(,n in maiiy different capacities; and, WHEREAS, the warmth of his personality, the concern with which lie demonstrated his iiiterest in tlie vicissitudes and happiness of his fellowman and the guidance which he supplied to youth, and the leadership which he supplied to his associates cannot by any pai'aphrasing of words clearly delineate the loss which his fri-ends and associates will incur as a result of his deinise, bein.- a kind man and a reverent one, the greatest and highest accolade that can be given i.s that he served his fellowm,,tn and his City to the best of his ability. 14OW, TIIEIIEFORE, the Coiiiicil of the City of Virginia Beach, Virginia, does hereby direct the City Clerk to enter this Pesolution into the minutes of this day's meeting, and forward a copy to the family of Ed%vard Butler (Bubba) Bayne. > Claretice A. Ilolland @layor A(lopted by the Council of the City of VirginiLL Beach, Virgini,i, on tlie Tliird dty of Jantia@y, Ninc,,tcon Hundred and Seventy-seven ITEM #10330 On motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following resolution and voted to present same to the family of General Paul M. Booth, with copies to The Honorable Mills E. Godwin, Governor of the Commonwealth of Virginia: R E S 0 L U T I 0 N WHEIZEAS, Gcjicral Paul Ni. Booth, iqas called December 26, 1976 to serve his Creator after a long li-fe of service tO ]Iis felloiman; and, WliEREAS, in tlie courso of this servico- lic did rospond at the direction of tlie Govornc)r of tlic Commoiiwealth of Virginia, to a call of distress from the City of Virginia Beacll and tllc County of Princess Aiiiie to alleviate tlie damage aiid siifforiiig c3idtired by the residents of tlii.s arca I'n tho Asli l@ednesclly Storm of 1962, aiid did to thc best of Iiis training and ability miniinize tlie loss of life aild prol)crty; NOW, THEREFORE, tliis Resolutio3i is adoptod by the Council of tlie City of Virginia Beacii, Virginia, ivitli a request that it be forwarded to Tlio lionorable Nlills E. Godwin, Governor of tlie Commonivealth of Virginia, and the fainily of Geiieral Paul 1,1. Bootli as an expression of appreciation and coliccrn by tlie Couicil of the City of Virgiiiia Beacli, Virginia. lireiicc, A. Ifo l@iii Mayor , Ii I If, ; I I Adoptod by tllo Council of tho City of Virgiiiia Beacli, Vir@iiiia, on tho I'Iiird day of J,,I,,Li@ , Nincteen Ifunclred aii(I Soveiity-seven ITEM #10331 On motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of December 20, 1976, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #10332 On motion by Vice Mayor Standing, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading the following ordinance to accept a grant totalling $11,110 from the Division of Justice and Crime Prevention and to appropriate these funds: AN ORDINANCE TO ACCEPT A GRANT TOTALLING $11,110 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Virginia Beach City Council on September 7, 1976, approved the submission of a grant application to the Division of Justice and Crime Prevention for regional Juvenile Corrections Personnel Training; and WHEREAS, the Division of Justice and Crime Prevention has approved the application. NOW, THEREFORE, BE IT ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a grant from the Division of Justice and Crime Prevention (DJCP) be accepted and appropriated for the following purpose: Estimated Revenue Local Total From Other Agencies Match Appropriation Regional Juvenile Corrections Personnel Training 555 @55 110 That the appropriations will be financed by $10,555 estimated revenue from DJCP and $555 estimated revenue from the Southeastern Virginia Planning District Commission. First Reading: December 20, 1976 Second Reading: January 3, 1977 Adopted by the Council of the City of Virginia Beach on the Third day of January -, 197,7, ITEM #10333 The City Clerk read the following Public Notice: PUBLIC NOTICE Virginia: Notice is herein given that on Monday January 3, 1977 at 2:00 p.m. in the City Council Chambers in the Administration Building at the Municipal Center, Princess Anne Station, Virginia Beach, Virginia, the City Council of the City of Virginia Beach will meet for the purpose of holding a public hearing on the Step I Facilities Plan, developed under Section 201 of the Federal Water Pollution Control Act Amendments of 1972. The Plan proposes alternative methods for sewage collection and wastewater treatment in specific areas of need within the City to be funded under Public Law 92-500. Included in the Plan is an Environmental Assessment of the proposed alternatives. All persons who wish to address City Council regarding the proposed plan should register their names by letter or telephone (427-4304) with the office of the City Clerk on or before 5:00 p.m., on Wednesday December 29, 1976, or register with the Deputy City Clerk at the City Clerk's desk in the Council Chambers before the opening of the Public Hearing at 2:00 p.m. on Monday, January 3, 1977. @c, R W bo@ City Clerk The following document is entered in the minutes as a matter of public record: Record of Public Hearing on EPA Facility Planning Grant No. C510592-01 Pursuant to 40CFR, Chapter 1, Subchapter D, Part 105, the Council of the City of Virginia Beach held a Public Hearing at 2:00 p.m. on January 3, 1977 in City Council Chambers at the Municipal Center, Virginia Beach, Virginia for the purpose of receiving public connent on the proposed wastewater collection systems contained within the above-referenced document funded under the above- referenced contract with the U.S. Environmental Protection Agency. Those recorded as being in attendance in the audience included Colonel William Love of the Hampton Roads Sanitation District (and Chairman of the Hampton Roads Water Quality Agency Commission) , members of the Hampton Roads Sanitation Dis- trict Staff, and members of the State Water Control Board - Tidewater Regional Office Staff. Also in attendance were the City's Project Administrator and Project Manager and menbers of the firm of EnviroPlan, Inc., consultants to the City for the Facility Planning Grant. The City Manager provided a brief explanation of the proposed Facility Plati and entertained questions from meriibers of the City Council. Colonel Love r@esponded to several questions raised by Council with respect to the scheduling of the Atlantic Wastewater Treatment Plant which has been delayed. The Colonel also commented favorably on @'he proposed Facility Plan. There being no other connents, the Public Hearing was adjourned at approximately 2:1@o P.M. Certified to be a true excerpt from the minutes of the City Council of the City of Virginia Beach, Virg,,nia, January 3, 1977. Ri cria ra 'I@ city Cl erk j' It was noted that this matter will be brought back before Council at a later date in order to make application and forward the proposed resolution to the appropriate agencies. ITEM #10334 On motion by Councilman Ferrell, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following ordinance appointing viewers for the closure of a portion of Centerville Turnpike, in the Kempsville Borough of the City of Virginia Beach, Virginia: ORDINANCE APPOINTING VIEWERS WHEREAS, The Christian Broadcasting Network, Inc. has given due and proper notice, in accorance with the statutes for such cases made and provided that they will on the 3rd day of January, 1977, apply to the City Council of the City of Virginia Beach, Virginia, for the appoint- ment 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 discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert George E. Tinnes and Robert J. Scott and are hereby appointed to view the below described property and report in writing to the Council on or before February 7, 1977, whether in th.eir opinion, any, and if any, what incon- venience would result in the discontinuing and vacating of a portion of that certain street of variable wid-th located in the City of Virginia Beach, Virginia, and more particularly described as follows: Centerville Turnpike beginning at a point on the southern right of way of said street, which point is located at the southeas-lern intersection of Centerville Turnpike and Indian River Road, and from said point of beginning running along the southerniaost boundary of saicl Centerville Turnpike North 89* 39' 46" West a distance of 91.78 feet to a point; and thence along a cul"re to the righ-, having a radius of 1205.92 feet, an arc distance of 854.38 feet to a point; thence South 74@ 26' 37" West a distance of 464.51 feet to a point; thence along a curve to the left hav- ing a radius of 1105.34 feet, an arc distance of 1220.00 feet to a point; thence North 83* 52' 09" West a distance of 311.48 feet to a point in the eastern right of way of Interstate 64; and thence along said eastern right of way along a curve to the left having a radius of 5804.58 feet, an arc distance of 1021.76 feet to a point in the north- ern right of way of Centerville Turnpike; and thence along said northern right of way North 74@ 26' 37" East a distance of 956.23 feet to a point; thence along a curve to the left having a radius of 1045.92 feet, an arc distance of 695.38 feet to a point; thence North 5* 38' 56" West 97.02 feet to a point in the southern right of way of Indian River Road, the southwestern intersection of Centerville Tdrnpike and Indian River Road; and thence along the said southern right of way of indiaii River Road South 60' 031 @211 East a distance of 300 feet to the point of beginning. (Portion to be vacated is designated as 10.933 acres on the below described plat.) All the above as shown upon that certain plat entitled, "Plat Showing a Portion of Centerville Turnpike to be Closed between Indian River Road and Interstate 64 for The Christian Broadcastinq Network, Inc., Kempsville Borough - Virginia Beach, Virginia", which plat is attached, hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed street. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS CENTERVILLE TURNPIKE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING A PORTION OF CENTERVILLE TURNPIKE TO BE CLOSED BETWEEN INDIAN RIVER ROAD AND INTERSTATE 64 FOR THE CHRISTIAN BROAD- CASTING NETWORK, INC., KEMPSVILLE BOROUGH - VI,RGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO. P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, The Christian Broadcasting Network, Inc., respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the petitioner applies for the vacating, closing, and dis- continuance of a portion of that certain street, which is more specifically described as follows: Centerville Turnpike beginning at a point on the southern right of way of said st)--ee-t, which point is located at the southeastern intersection of Centerville Turnpike and Indian River Road, and from said point of beginning running along the southernmost boundary of said Centerville Turnpike North 890 391 4611 West a distance of 91.78 feet to a point; and thence along a curve to the righ-, having a radius of 1205.92 feet, an arc distance of 854.38 feet to a point; thence - South 74@ 26' 37" West a distance of 464.51 feet to a point; thence along a curve to the left hav- ing a radius of 1105.34 feet, an arc distance of 1220.00 feet to a-point; thence North 83* 52' 09" West a distance of 311.48 feet to a point in the eastern right of way of interstate 64; and thence along said eastern right of way along a curve to the left having a radius of 5804.58 feet, an arc distance of 1021.76 feet to a point in the north- ern right of way of Centerville Turnpike; and