HomeMy WebLinkAboutSEPTEMBER 10, 1973
MINUI'Y-,S OF TliE flONORABI,E CITY COIJNCIL
OF TFIL@'
CITY OF VIRGINIA BEACII, VIRGINIA
September 10, 1973
The regular meeting of the Council of the City of Virginia Beach,
Virginia was lield in tlie Council Chambers in the Administration
Building in the Borougli of Priiicess Anne, on Monday, September 10,
1973, at 2:00 p.m.
'fhe invocation was given by the Reverend Fletcher C. Hutcheson,
Bayside Presbyterian Church, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Croffiwell, Jr., Vice, Nlayor F. Reid Ervin, George.R.-
Pbrtell, Cliarles W. Gardner, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, and Donald H. Rhode@.
Councilmen Absent: Floyd E. Waterfield, Jr.
Councilman Waterfield arrived at Council meeting at 2:25 p.m.
ITEM #6302
On motion by Councilman Gardner, seconded by Council@-nan Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robeyt 11. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice intayor F. Reid Ervin, George R. Ferrell,
Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis
Payne, and Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the Minutes of the Regular @leeting of
August 27, 1973, and the reading of said inlinutes dispensed with
inasniuch as each Counc@lman had a copy of the subject Minutes
before him.,
ITEM -6303
Vice @layor Ervin informed Couficil lie liad a @lecliqnical Specialty
Contract for the Association of Researcli and F-,iilightenifient, Inc.,
however, in order to partici.pate in tlic votiiig of tlie above application
Vice Mayor Erviii gave up all r4-ghts to the Nloclianical Speciali,ty
Contract.
-1 I C I
Appl ica'ion of the @ssociation for ' 'esparc!i ?! d -n ln@en,nont, I:lc. , by Grover
C. 1ric.,iit, Jr., Pttorii(.Iv, for a for a noil-nrofit institution li,'jrarv
and-reiated faciliti.@s -ar,.-d Ii-ar-k-i-n-r, z,,rea on ccr"ain ,)ro@,rtl located on
tlie "Icst sido of Atla@itic ;'veruc (@7t;i Strc-,et ard (@t@l Strce-t, runniiii a
distance of 3f@ f,-et alol)q t!!L@ !l".,st sicle of .,Itlantic ruriiing a distancl,
of 5,10 feet alonq -L.tin @'ortli side of E7th Strc,lfl-, runnirn a distan,-e of-300 foct
along t.'!(, If-.stern r)roT)I-rt,,, Ii.,0,0 and runnirin a distance of 51-)9 feet alonq the South
side of 6'@th "treel@. (.-lort.@ Virnlinia 'i@aci-,
Planning Cotmissioli Reco.@@endation:
A rootion by tlie Plannitiq Comission was passed for approval of this request subject
to the folloi-iing:
1. Inqress and eoress shall be li.,iited to 67th Street. (Planning)
2. Tiie applicant s@iall su@mit a landsca-.,)c plan in coniunction vlitli the final
site plan; this plati s',-iall t)rovile a buffer the sitc and ad,jac,,nt resi-
dential ar(,as north of t@,ltfi Str--,c-t and sout@l of C,7t)i Street. (Plainir,'.I)
3. The use of officc@ space in the proposed facility shall be limited to
individual directly associited or Imployed by the @ssociatioli for P%esearch and
4. Ti,:? facility sl,311 co@ini@ct to Cit,/ se-..j-rale .ihen it @,ecom(-,s availa,@le.
5. No future etilar@eront of @l.fie facilitv si-tall be per,,iitted unless us--
permit is ol)tain(,d. (Plannitin)
C. Lighting in t!i.L !)arkinq lot sliall be directed away from surrounding
residences. (Planninq)
7. Standard site Dlan requirements to -include pavement i'lideninl, curb
and gutter, sicll?,,4alk ilid StOrri drairs as nece-ssary alorg fr,),ntane on 1;@,tlaitic
Avenue and 67t@l S@ree@l, a 5-foot Dedestrian eziser,!Olt is required alonq f@tiantic
Avotiue for
In tlie matter of thc, ai:)plicatioii of tlie @kssociation for Research al,.d
Enliglitcninent, as herciiibefore describeel, for a Use Pel-mit for a non-
profit institution library and related facilities building aiid parking
area, a large delegatioll of property oiviiers and residents appeared in
the Council Chambors. Nlr. Groi,er C. t@ri.@ht, Attorney, appeared
representiiig the application, and \Ir. Pcter Agelasto, III, Attorney,
Mr. Goodman, Presideiit of tlie Noith Virginia Be,-cli Improvement League
and Mrs. @lary Lou Langhorn, ay)peared in opposition to the above
application. After a leilgtliy discussioia and due and careful considoration
of the Health, welfare and safeti of the community, Vice @layor
Ervin made a motion to deny the application of the A.R.E There being
no second, the motion was lost.
Couiicilman Ntalbon noted that the A.R.E had been at the location a
good many years, and really didn't know of any particular problems
it has caused. Tlierefore, Couiiciliian \Ialbon made a motion to approve
the above application, which was seconded by Councilman Rhodes, and by
recor@ed vote as folloivs:
Ayes: Councilmen John A. Baum, Robert H..Callis,, Jr.,, Mayor
Robert B. Cromi,,ell, Jr., George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. @turray @ialbon,-J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: Vice Mayor F. Reid Ervin
Absent: None
City Council approved the above application of the Association for
Research and Enlightenment, Incorporated, by Grover C. Wright,
Attorliey, for a Use Permit for a non-profit institution library
and related faciiities building and parking area on certain property
located oi the ll;est side of Atlantic Avenue between 67th Street and
68th Street, running a distance of 300 feet along the West side of
Atlantic Avenue, running a distance of 500 feet along the North side
of 67th Street, running a distance of 300 feet along the Western
property line and runiiing a distance of 500 feet along the South side
of 68th Street. (Nortli Virgiiiia Beacli Area). Lynnliaven Borough.
Appraval is subject to the folloiving stipulations:
1. Ingress and egress shall be limited to 67th Street. (Planning)
2. The applicant shall submit a landscape plan in conjunction
with the final site plan; this plan shall provide a buffer
between the site and adjacent residential areas north of
68.th Street and south of 67th Street. (Planning)
3. ,Tlre use of office space in the Droposed facility sliall be
limited to individualdirectly associated or employed by
the Association for Research and Enliglitenment. (Planning)
4. The facility sliall connect to city sewerage when it becomes
available.
S. No future enlargcment of the facility shall be permitted
unless new use permit is obtained. (Planning)
6. Lighting in tlie parking lot shall be directed away from
surrounding residonces. The flood lights in the parking
lot are to be turned off at 10:30 p.m. (Planning)
7. Standard site plan rcquireinents to include paveniont widening,
curb and gutter, sideivalk and storm drains as necessary along
frontage on Atlaiitic Aveiiue aiid 67tli Stroct; a 5-foot
pedestri.a3i casepiont is required aloiig Atlantic Avenue for
sidewalk. (Eiigiiiccriiig)
ITE-ill #6.-)04
)f Co@iir),tn,.,, I!.S.,A. foi- i nf 7f,,;iinn frorg Lif,)ited
Coi,iiii 2 i,c i ii 1 1) i s t r i c L 1 ( C - L I ) L o C, ii e r,@ Ii- a'l 1) i-s @@r-i (C-G @L) and a
Use rloi@i3iit to cc);is@@-rtict i oiscili!-@c su,)Dl@! P,:ir)n og c@i,t-ain Pro:,,c:,r-@uv located
at tfil,. @:ort@i,.!ost coricr of P@,.i'rer "oad a,,icl Potilevli,d, riiiinina a
dis'L-,inco of ?39.9 f@@t alonq t@,.@ l'orth ,icl,, )l- Poulev@rd, runnitig
a distanc@ of 22,1.!'@-I f@O.L@ 310!19 the I!cs@6 si(,@@ of ')Oc@d, ruiiiiing a dis'u-,IncL
of 40:@)..q2 f@,tt .iloiia, tlie @'ortlicrn @t,o,)crt,l @i@n2 ,,nd rlinqing a dis',-ance of 250
fee- alotig t!ie l,lestern pron,r'l-v li!ie. Sai(I narc@-I coiitailis 1.23 acres.
(B.rton Station mlysiqe
Planni,ig Com,llission Ppcom@nQndation:
A mo-Lion ',,v t!ie Plaii@,,inq @.!,is )@ssed for clcnial of this request as
tliere are @ufi'icieiii, q'isolinl SL..Or)lv sta@ticiis in tlic area.
Mr. Jiifi Pickrell, Attorney, appeared on behalf of the applicant
Mr. William liobbs, owner of the property
Mr. B. Bruce Taylor, Realtor
On motion by Councilman Holland, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, Charles IV. Gardner, Clarence A. Holland,
D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: Councilmen Robert H. Callis, Jr., George R. Ferrell, and
J. Curtis Payre
Absent: None
City Council denied the above application of Exxon Company, U.S.A
for a Change of Zoning from Limited Commercial District I (C-L 1)
to General Commercial District 2 (C-G 2) and a Use Permit to
construct a gasoline supply station on certain property located
at the Northwest corner of Baker Road aiid 14ortliampton Boulevard,
running a distance of 238.9 feet alon, the North side of Northampton
Boulevard, running a distance of 283.48 feet alon., the West side of
Baker Road, running a distance of 40S.82 feet along the Northern
property line, and running a distaiice of 250 feet along the Western
property line. Said parcel contaiiis 1.88 acres. (Burton @-tation
Area). Bayside Boroug'n. Tl,e application was denied as there are
sufficient gasoline supply stations in the area.
i,@-.,;Iicationof "'Oyn;alk ;',-uc@, Jr., 'r)r a 0-1 c-2rtii.),ronerti
r.@or.:! or @.oad ar,-' ru:iniri@
@a-'d .)arc@l
at a f @oad.
a distance of 1--.52 f@,,t alo7i(l tti#2 @ortli
ce relut!stad
is Vno- n as I-o-I 7. Su@divi@ion of -rf)nLrty of 1. C). (Varian
froi,,i -@IJOO feet to 8@00 fc:et rore or I,--ss from t@@.c near-st d;.,.Iollinq). "@Lt'Cil,@'.@T--R
CO@,OUG;I.
Plaiining Co@.ilission ',,Ccor-f-,@,ndation:
A motion by tli(, PlarilliTin @@Crl-.Iissiort r@assed for dc-nial of this request as the
coiidit-ioi,ls and circu@@s-,,!-ic,,s cr.,atii@,i til - harl's@,in are self inflicted and are
not to be cotisidered (,.rcu!@is for -1@i@ is@@uancc of a variatice.
On motion by COLincilman Baum, seconded by Councilman Waterfield,
and by recorded vote as follows:
-Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Croinwell, Jr., Vice Nlayor F. Reid Ervin, George R. Ferrell,
Charles W. Gardner, Clarence A. Holland, D. @lurray Nlalbo,n, J. Curtis
Payne, Donald H. Rhodes, and Floyd E. lvaterfield, Jr.
Nays: None
Absent: None
City Council denied the above application of Norman L. Houck, Jr
for a trailer variance on certain property begiqning at a point
4750 feet more or less lvest of Blackwater Road and running a
distance of 13S.52 feet alo-iig the North side of Old Carolina Road.
Said parcel is known as Lot 7, Subdivisioii of property of W. B.
Beasley. (Variance requested from 2500 feet to 800 feet more or
less from the nearest d@,7elling). Blackiqater Borough. The application
was denied as the conditions and circumstances creating the hardship
aTe self inflicted and are not to be considered grounds for the
issuance of a variance.
ITENI #6306
A,,)nlic,.ition of C3s7)are F. .@,ittanlia ar.,,.l @snire F. @,,Ittaf-il-ii, Jr. , by tl,,i,-n
(), -,, -ii,e il'uol,?x
I -n,, @(,, fro:@i District I
Pickalt, -'.ttoriic,,,,, for a
il -"@rict on c@,rtait) ro
(R-D 1 ) to ;!ul ti PI L, Fa,li .@lsi -Iic is perty baoinn-
dista,.ice of
0 !-@O.P,2 fept couiii of @or'-'i @'reenv,211 !.,oid, runriinq a
lng at a p int 1 nce of
135 fee-t along tile Fast si,@@ of l'oule -oirl, ru@iiinn a dista
197.'C, fcc-1. along tli,2 )roprrt,, liti(,, ru; a dis-,ance.- of 1'- foct
.1 @l I DD i
alonj tl,,Q Eas@Lern Tro.r)er@6y line an(i ru:,,iiin,4 a iis"aiice of 197.36 feet along the
Nortilern property line. Said -arcel .ontains souare feet. (Bradford
Terrace krea). DAYSIDE
Planning Cornission flecon,,If,,ndation:
A trotion bv th.,, Pltin-.iinc, Cor7-@ission ,,as piss,2d for d@nial of this request as it
was tlie 4.1-Iterriinaticn o@ til-c CO'-nis,.ion that "!-iis rF-,c,,uest is prer-lature and
specula'6-ive at tiiis
Mr. Owen B. Pickett, AttoTney, appeared on behalf of the applicant.
On motion by Councilman Holland, seconded by Counciln,.an Gardner,
and by recorded vote as follows:
Ayes: Couiicilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Crom@,ell, Jr., Vice @layor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
The City Council denied the above application of Gaspare F.
Battaglia and Gaspare F. Battaglia, Jr., by Owen B. Pickett,
Attorney, for a ChanRe of ZoninR from Residence Duplex District 1
(R-D 1) to Multiple aily Reidence District (R-M) on certain
property beginning at a point 150.42 feet South of North -@reenwell
Road, running a distance of 135 feet along the East side of Pleasure
House Road, running a distance of 197.36 feet along the Southern
property liiie, running a distance of 135 feet along the Eastern
property line and running a distance of 197.36 feet along the
Northern property line. Said parcel contains 26,643 square feet.
(BTadford T@errace Area). Bayside Borougli. The application was
denied as it is premature and speculative at this time.
ITEM #6307
Application of Charlotte F. Pion, T/,@1/2 The Casino for a Lise P,mit for dancinq
and liv,-, entertaii-ir,,cnt oil certai pror)erty located on tiie 'vlo t@@de of Pleasure
n
tiouse 1,oad across frolti Looi,,out [@,oad, ruiiiiirin a dis@larice of 17-@.5 feet aloig tlie
of 244 feet alonq tiie ilorthern
Vlest sidl of Plea,ur Fouse 'o-,i(l, runri,-i(,, a distanc,
prol)erty lirie, run;iiiig a distaf,ce of 17':)@.@) f@,ct aloiiq tlie @lestern property line and
runniri(,, a distaiicl of ?44 f(.,Lt alo,@iq t@ie Sc-ut'i,,rn pron(,rty lin2. ',7aid parcel con-
@,rca). DAYSI@'T.- BORZOUGII.
taitis 1 acre iiore or less. (Plea!,ure liousl L
Plannirig Cor@miission Recoiiriandation:
A r,)otion by the Plani)ing Corriission %@.,as passed for approval of tliis request subject
to tlie follo@,%@ing: ,!ater and se@.,iLr lific f-Ics r@--quired. (PLjL)lic Utilil-.ics)
Mr. J. E. Elliott appeared represci)tiiig the ipplicant.
@ir. J. H. Agles, representino the Chesapeal,-c Beach Civic League,
appear6d in opposition to tlie above applicatioli.
On motion by Councilman flolland, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromivell, Jr., Vice Mavor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. i@-odes, and Floyd E. Waterfield,
@ys: None
Absent: None
City Council approved the above application of Charlotte F. Pigg,
T/A The Casion for a Use Pcrmit for live entertainment and dancing
on certain property locate on the West side of Pleasure House
Road across from Lookout Road, runnin@, a distance of 175.S feet
along the I'V'est side of Pleasure House Road, running a distance of
244'fect along the Northern property line, running a distance of
175.5 feet along the Western property line and running a distance
of 244 feet along the Southern property line. Said parcel contains
I acre more or less. (Pleasure iiouse Lake Area). Bayside Borough.
Approval is subject to the following stipulations:
1. Standard site plan requirements to include @urb and gutter.
2. City water and sewer. (Public Utilities)
3. Parking lot to have proper lighting so it will not be
offensive to the neighbors. (Community Services)
ITEM #6308
Application of H.' T,'Ioi@ias Fennell, .1ofin Patil C. lian@@ury, @iolt tq- C-utt, Jr.. for a
Chanal, of Zonina fro,@,i Pesidence [-,,jr)lex Dis"rict 2 (P-D 2) to Lir,,,ited Com,,n,,rcial
'u st@ri t@ @L 3) on clrtain prot)er@'y locat@d on ttio :orti-@i..,Ilst corner of C-.encral
Bootli Coul--vard ir,,d Prosperity "@d, run@litio a di@,@.ance of 1513.Gl fo@@t alonq t
I,.Iest side of Cieneral "Ootil @voulLvard, run,,ii@i(, a dista,cl of feet alotig tile
Soutliern pro@erty lip.('. of @.,Iiicll f@,,@t is tiie '@ort;i id of Ilrosperity tl,oad,
runni@@ia a dista,@ice of @-33.Cl f--Lt aloilq tiie ',!Ls--,rn pro,@lerty lile and runtiitiq
distaiicc of feet alonn t@,e i4ortiiLrn prop@2rty Iii-te.. Said parcel contains
0.5 acre. (I-,,ed Winq [)ark Area). PPI;I'CFCS A@il,iE
Planning Coirr!iission izeco,-. mndatio-,I:
A T@,otion by the Platininn Co-aiission %tas passl-d for deniil of tiiis rc-quest as it
is ti,eir diter!.,iiiiation i!)at t!icre is adcquate uiiciev-loi)cd corTiercial zonitig in
tlie area to servl@ exis,liiinl laiid uses.
red oii I)cllalf O'
@ir.,Steve F-,rvin appea
On motioll I)y Counciliiian PaN,iic,, secollcle@t )y Colilicilman @Ialbon,
and by rocorded vote as follolvs:
Ayes'. Couiicilmen Jolin A. Bauiii, Robert 11. Callis, Jr., @l.,iyor
Robert B. Cromwell, Jr., George R. Ferrell, Cliarles W. Gardner,
Clarence A. liolland, D. Nlurray Malbon, J. Curtis Payne., Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Vice Mayor F. Reid Ervin
Absent: None
City.Council def@rred for sixty days the above application of
H. Thomas Fennell, John Paul C. Hanbury, Holt W. Butt, Jr., for
a from Residence Duplex District 2 (R-D 2) to
Li District 3 (C-L 3) on certain property located
on the Northwest corner of General Bootli Boulevard and Prosperity
Road, running a distance of 183.61 feet along the West side of
General Bootli Boulevard, running a distance of 164.90 feet along
the Southern property line of which 106.90 feet is the North side
of Prosperity Road, running a distancc, of 238.61 feet along the
Western property line and running a distance of S8.80 feet along
the Northern property line. Said parcel contains 0.5 acres. (Red
Wing Park Area). Princess Anne Borough.
ITEM #6309
Ap,olication of Evannelical Co,-nunity r-litircli for a U-@e Pe.@iit to construct a cliurcli
on certain pro,,)erty at a voinl-- 3@-111 ft,(-'t r@ore o@ loss @@ou,@h of Sliipns
Corner road, ru@ining a ctistatice of fc@et aloir! tiio l.c,.st siclo of liollar@d '.:,,oad,
runtiirig a dis't-.ance of 41@l.@9 feet alotig t@ie @."or@,@erii pro?Cr'-Y line, running a dis-
tance of 367 feet rore or less alorig tlie pro!,@r'L," liiie and runninq a distaiice
of 263.84 feet along tl:o Souttiern orot)erty li@@. Saiu' pzircel contains 1.3 acres
wre or I,-@ss. (Sliipps Corner i@rea'). P-@,!';CLSS i@,';I@;E BOPf)U,';i.
Planning Co,-.imission Recornendation:
A motion by tli.,- I'lanninj Comission vias passed for approval of this refluest sub;ject
to tlie follo@iing:
1. Standard site plan requirements to include navemcnt tqideninq, curb and
gutter, side@iall, atid stori,,i drair@s -is nccessary alonq Liolla;,@d Poad; par@,ino ard
drivetv;iy s.@all be oave(i and protective conct,o'le (CC@-?) CLir@is installer,'; dedica-
tion of 50-foot drai.iaqe easei;,.Ept rc,(Iuired rcar li,.ic. (Eiirli n,@(-,ri tig)
2. @iedica-@ion of rii;-it of %,,@iy 45 feet frcri tlie, c(2nter line of t;ie c-xistin,4
55-foot ricoi' of %@iay alotiti +..lie 193.51-foot r-ior@, or less fro,-itacie on @'olland !load
(5-foot d,,-G'ication). (-oal Esta"o)
3. "'ity @@atcr ard tiot i@)nroved for se,,)tic tan@,s. (Ileal th)
Oil motioii I)Y Coui,cil;7i@iii P,-,,,ne, -;econcied I)y Councilman I'@'aterfield,
axid by recorded vote as follo@@s:
Ayes: Councilmeii Jolin A. Bauin, Robert li.- Calli.,;, Jr., Mayor
Robert B. Croniivell, Jr., Vice @layor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. liolland, D. Nlurray
Malbon, J. Curtis Payne, Donald H. Rliodes, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Evangelical
Commuiiity Church for a Use Permit to construct a church on certain
p'roperty beginning at a point 350 feet more or less South of
Shipps Corner Road, running a distance of 193.Sl feet along the
West side of Holland Road, running a distance of 491.09 feet alotig
the Northern propertv line, running a distance of 367 feet more ot
less along tlie 11"estern property li.ne and running a distance of 268.84
feet alon, the Southern property line. Said parcel contailis 1.8 acres
more or less. (Shipps Corner Area). Princess Anne Borough. Approval
is subject to the following stipulati ons:
1. Standard site plan requirements to include pavement ividening,
curb and gutter, sidewalk and storm drains as necessary along
Holland Road; parkin@ and driveivay shall be paved and protective
concrete (CG-2) curbs installed; dedication of 50-foot
drainage easement required along rear line. (Engineering)
2. Dedication of right of way 45 feet from the center line of
the existing 55-foot right of way along the 193.Sl-foot
more or less frontage on Holland Road (S-foot dedication).
(Real Estate).
3. City water and sewer-now approved for septic tanks. (Health)
COUNClLMAN FERRELL LE@FT COLJNCIL CilivNIBEI"S
ITE,Nf #6310
La,.iri-@o,,,@r and Inc., for a Uso P,@r-iit to
,,PPlication f l@irg
OI)crate a bicycl-2 rcntal on certaiii property loc3led on t@t' @lorth a@t corier of
Atlantic Avenue and Virqiilia Coac,@ @@'oulLvard-(17-@;i Stre(,.t) on Propertv of Sea
IscaPe t',Otel. Said par
ccl is 10 flct bv 20 fo,t.' VI'GII"IA BEACH POROUGH.
Platini;lg COIITIission Recom.,endation:
A notion by the Plannina CO-.nission las r)assed for approval of this requost sub-
Ject to the follo,,Iing: -area shall be confincd to r)r ivate prooerty.
Mr. Webbon received a telephone call from @Ir. Griffin, Attorney,
rep@esentiiig the applicant, requesting a deferr,l f the above
application.
On motion by Councilman Callis, seconded by Councilman Wat'erfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert li@. Callis, Jr., Mayor
Robert B. Cromllell, jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holla-@id, D. Murrav Nlalbon, J. Curtis Payne,
Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council deferred for thirty days the above application of
Virginia Beach Lawnmower and Welding, Incorporated, for a Use
Permit to operate a bicycle rental oii certain property located
on the Northeast corner of Atlantic Avenue and Virginia Beach
Boulevard (17th Street) on property of Sea Escape inlotel. Said
parcel is 10 feet by 20 feet. Virginia Beach Borough.
ITEM "16311
t,pplication of Sta.,)](,,-v S. Ilo-,.Iard for a Li-@e Permit to construct 12 additioriil
apart.--ient --.-t
units, totalinn 2@ atartrie-,It u!ii s-, !!-i4l-ii Pri@,ate k@oat slips oii certain
proper@@Y locatc--d at l@edi@err'anc-,an @,,ve@iue an@@ @,lins-Lori Salem @velue and also b@,clinn-
ing at a poilit 255 fe,,ct !,,est C)f @@,dit@rratiean @kvrtlue a@id a dis-Lance of
157 feet along the Sou@'ll side of Tcrrac(-,s ;',ventie: said r)roo3rty is now or for,,,iorly
@linston Salc,.m ;@-tvenue and is bounded on tIl.0 f-ast !@@diter@anoa@i @,ventio., on tl!e
West and SOutli @v Lake and Lots 9 and 10, b_lock 1-1 a d oti t@.(, i@'ortli by Lots
,)l relILle',t al,lo inc
1. 3, aiid 5 t,'iroti(,,fi 11, 'DIOC@, Said i.dos all of Lots 12, 13,
14 ar@d 15, i)locl, 31, Piat of iipictlts @laid oarcel contains 39,@110
square fo@t.
Plats witli r.,,or(, d('tailed inforrgation ar@ 'availal)le in "he Donar-Lmcnt
of City Plannin,". (Sliado@ila@in Iciaht-@ ftrea). Vil@@-111'IA P,,
Plaiiniiig Cory,.iission Peco,-rer,.datioll:
A rnotioti by tb.Ll. Plannina Co,,-irtiission tias passed for approval of this request subject
to th(, follo,"ji,no:
1. flodifit,.d tlle rr,,quest to two additional apartni2nts ijith private boat slips,
totaling 19 apar'l-r,,cnts.
2. Standard site Plin r(@tiLiir(-'m(,.Ylts to inclil(ir paveren@.w!d?ning, curb and
gutter, iiid stc)rri (ir,,ii)a as n'-.cps-.,Iry a]Otlcl all aalol,ii,ig riuht@, of i@lay.
3. .'i'c?ccssary for ctc., si)all !)e o@tained as reouirl@d.
(Engineering)
4. SLIggeSt particination In sci,ool sit,2 acrltjilition.
5. A(Jditioral r(,creatioll facilitics lilis be(,-n r'(ILfested by Par@,s ald
r,ecre,ition :)-71irL!'@nt.
@roi,i riars)i fiis betn placed i lnd; no ',Itjlkheadin(i is
in place; !)ul; sliz)ll c!o- tl,,forc,. fill Lo pi,cveiit erodilig fill and
siltitig of t@atc@r. (Soil Co@is(,rvation)
Mr. Staiiley Howard appeared on his o@@n appiication
On motion by Councilman Gardncr, @econded by Colincilnian Callis,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles IV. Gardner, Clarence A. Hollaiid, D. Murray
Malbon, J. Curtis Payne, Donald H. Rliodes, and Floyd E. Waterfield,
Jr.
Nays: None
Absent: None
City CotYncil deferred for thirty days the above application of
Stanley S. Howard for a Use Permit to construct 12 additional
apartment units, totaling 29 auartment units, ivith private boat
slips on certain property localed at Nlediterranean Avenue and
Winston Salem Avenue and also beginning at a point 2SS feet West
of Mediterranean Avenue and running a distance of 157 feet along
the South side of Terraces Avenue; said property is now or formerly
Winston Salem Avenue and is bounded on the East by Meditei,ranean
Avenue, oii the @@est and South by Lake Rudee and Lots 9 and 10,
Block 30, and on the North by Lots 1, 3, and S through 11, Block 31.
Said request also includes all of Lots 12, 13, 14 and 1S, Block 31,
Plat of Shadoi,;lawn Heights. Said parcel contains 30,800 square
feet. Plats with more dellailed infotmation are available in the
Department of City Planning. (Shadowla@%,ji fleights Area). Virginia
Beach Borough.
!TEM #6312
A-)plication of Iohn E. Sirine and Associates bv Grover C. Wrir,!it, 'r., @ttorno.,/,
for a C'iann3 of 7oriinfl from R,@sidence Su@)Lir@)aii -bistrict 4 (n-S 4) to 'r"esidence
@@r, -7C 2) anJ a i@,,r,,iit to cot,.strlict a prof@ssiolal office On
Duplex @L)istrict
certain pro,)erty located at t!)e Sout@;,,i@st corn@@r of Borino,,f 7,,oad ar;d Soutti Fir i,.venu,-
runnirig a d'istance of feet alona t@)e South side of [;Onney Road, runnina a
distance of 4-43.4'0 feet along t@ie @@ost side of Soutli Fir rkvL,@iue, riini)ir,q a dis'@ance
of 171.ill'@ feet alonr,. t@i,, Souti,ern I)roperty liii,,@ and ruriiiiiiq a dis@@ance of 181-13
feet along tila.l@!,,stern prr,,)Prty n+.-aiiis 0.751 acre. (Thalia
c Saii co
Village-Sout@icrn Firs @reas). ]'EIIPSVILLE 'l-111,C!'J-Ill.
Planning Con-mission Pecor-,tendation:
A wtion by tlie Planninn, Coriiiission vias passed for approval of this request subject
to the follo,.@iing:
1. '-7tandard sitc plan require,.ients to include paver,@!it viideninn, sidewalk,
curb and ou'Lter, and s'@orr.@i dr,,iiis as n,,cessar-, along Soitii Fir Avr:il-je and t3onney
Road; ertriiic(-, on@lo P@oiinoy @,o,,)cl sliall be to 30 fefi'L-, perir-io'Ler curbing
shall be loci4@-ed a minii:iu@@l of 2.5 fc-et t.,it!iin 1)romer@'y Iiiie. (Engiticerini)
2. 14atc,.r and se,@,!Lr line f(,(@ r@,(iuir-d. ("Ll@l iC '@,ti Iiti CS
3. D,@dicatioti of ri@@it of for tliat jil-- parcel at ti-,e intlrscction of
Bonney Road and Fir i@vrn@te, as slio,,,,,-i on 'L-tic, ali,,)lication. (PCal Estate)
4. City @iater aiid s@-,ior. (11,-)@ilth)
5. In lilu of @L@)o l@-foot r,.lantinq trit) ilonc all ad4accnt Pror)Lrty lines,
tlie ap,,)licint lias aor2c(,' to @,uil@l, L@ -o s!iic@ld r)ari,in,,l frori residcntial
property; tliis ,ias iiicltided in tli,@ @llaritii,,ig CC'!),-Iission rc,,co!,;fTienda@lion.
Ingrcss and eqr(@ss sliall from i'onti,@y [load otily.
Mr. Grover C. Wrig)it, Attorney, appeared on the above application.
On motion by Councilman Rliodos, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 11. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Nlayor F. IZoid Frvin, George R.
Ferrell, Cliarles IV. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Donald H. Rhodeg, and Floyd E. IVaterfield,
Jr.
Nays: None
Absent: None
City Council approved the above application of John E. Sirine and
Associates by Grover C. Wright, Jr., Attorney for a Chang6 of
Zoning from Residence Suburban District 4 (R-@ 4) to Resi ence
Uupl-e@ District 2 (R-D 2) and a Use Permit to construct a professional
office on certain property locat d at tlie Southivest corner of Bonney
Road and South Fir Avenue, running a distance of 188.69 feet along the
South side of Bonney Road, ruiining a distance of 243.46 feet along the
West side of South Fir Avenue, running a distance of 171.02 feet along
the Southern propertv line and running a distance of 181.13 feet along
the Western property line. Said parcel contains 0.751 acres. (Thalia
Village-Southern Firs Areas). Kempsville Borough. Approval is
subject to the following stipulations:
1. Standard site plan requirements to include pavement wideni.ng,
sidewalk, curb and gutter, and storm drains as necessary along
South Fir Avenue and Bonney Road; en"rance onto Bonney Road
shall be widened to 30 feet; perimeter curbing shall be located
a minimum of 2.5 feet within property line. (Engineering)
2. Water and sewer line fees required. (Public Utilities)
3. Dedicati.on of right of way for that jib parcel at the
intersection of Bonney Road and Fir Avenue, as shown on
the application. (Real Estate).
4. City water and sewer. (Health)
5. In lieu of the 10-foot planting strip along all adjacent
property lines, the applicant has agreed to build a masonry
wall to shield parking from residential property; this was
included in the-Plann4-ng Commission recommendation.
6. Ingress and egress shall be from Bonney Road only.
ITENI #6313
Application of FLiet.old Buildin(7, Irc., for a Lls2 P,?r;,iit to construct a
sewage pilr@l@iiii(i station on ccrtaiii i)rC)t)ortyai: a33f7c) fc,,t more or
less L-:ast of @'oad, rtiiiiii@i(i a di!,'.i:ici, of feet alonry tlio Sou-,.Ii
side of .',]!)ri(i:it l,riv,2 (pi@onoF;k,d), ruinii,.@ a di,@a-ice of l@9.7@-)l fc,-,-L iloni ti@@
Easterii pi,o-)orty Iiiic,, ruiiiii l a di5,11,iiicL, of 47.71-1 f,,ot alono tl)c Sou"horn pro-
erty li@ic an,J rii)niiia a (li"lincc,. of cilon@ t@i@ !!est,,,rn prop@,rty linp.
@Lri@,adoon, Sc@cticei l@.,,o Irea). (C@'PSVILLE
Planning Coi!nissioti Rccoi@@liendation:
A @tion [)y tlie Planniii" Ccra@iis,-iori @@ias rassc-I for ap,)roval of t@)is rcqij(,st sut).'@-ct
to staiid@ird sitl, plati
On riotion Couricili@.iiii Feri@,211, secoll@ic,,, by Couiicilman C,ardner,
ajid by rccorded voto as follo@@@s:
Ayes: Coulicilmen Joliii A. BauiTi, %Iayor .1"ol,ert B. Cromwell, Jr.,
Vice Mayor F. R@id Ervin, George R. Ferrell, Charles W. Gardlier,
Clarence A. flolland, D. Nliirr:iy italboji, Doliald H. @iodes, aild
Floyd E. IVatorfield, Jr.
Nays: None
Absent: Councilmen Robert H. 'L-Iallis, Jr., and J. Curtis Payne
City Council approved the above application of Womble & Liebold
Building, Incorporated for a Use Permit to construct a sewage
pumping station on certain pr perty be,,iiining at a point 3350
feet more or less East of Kempsville Road, running a distance
of 46.814 feet along tlie South side of Albright Drive (proposed)
running a distance of 100.761 feet along the Eastern property
line,'running a distance of 47.771 feet along the Southern pro-
perty line and runnin@, a distance of 110.28 feet along the
Western property line. (Brigadooii, Section Two Areas).
Kempsville Bbtough. Approval is'subject f6 th6 f6llbwiii@ sti@ulation.
1. Standard site plan review as required in the Site Plan
Ordinance. (Engineering)
ITEM #6314
Application of Wo:@ible & LiL,@old -Uuilditin, Inc., for a Use Per,.iit to construct
a sewage purininq station on c(-'rtain T)rornrtv @r,@,innini at a , int IngO feet more
or less i@'orl@ii of Ke-psville-, r-@oad at t@iL, @@c)rthern extre-lity of liac-@ueen @',oad
(proDosed) and runninq a distance of 63.03 feet aloiie tiie i@orth side of @.'aff
Road (proposed), runniiiq a distance of 100.07@ ff@t alorc] tlie '@.!Cstern property
line, rurinina a distancl, of 65 feet along t;ie :Iort@iern t)ror)krty litie and rutining
a distance o@ 10,') fect alotiq t";e Eastern pro-erty line. (ilrinadoon Section One
Area). KETIPSVILL@,
Planning CorT-iission rzeco,@L.@-ndation:
A @notion by the Planning Co-@,,nission was nassed for aoproval of this request
.subject to stal-.dard site plan reruireme-,its. (Enqine,2rinq)
On motion by Councilman Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice @layor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D., Nlurray Malbon, Donald H. Rhodes, and
Floyd E. Wa:terfield, Jr.
Nays: None
Absent: Councilmen Robert H. Cal"is, Jr., and J. Curtis Payne
City Council approved the above application of Womble & Liebold
Building, Incorporated for a Use Permit to construct a sewage
pumpiiig station on certain property eaiiining at a point 19SO feet
more or less North of Kempsville Road at tlie Northern extremity
of @lacqueen Road (proposed) aiid running a distance of 68.03 feet
along tlie Nortli side of Waff IZoad (propose(l), running a distance
of 100.OS feet alolig tlic liostorii property line, runiling a distance
of 6S feet along tlie Nortlicrn propexty line and rui)ning a distance
of 100 fe-It aloiig the Eastern property line. (Brigadoon, Section
One Area). Keinpsville Borougli. Approval is subject to the
folloi@ing stipulatioii:
1. Staiidard site plin reviciT as rcqtiirod by the Site P@lan
Ordinaiice. (Enginceriiig)
#6315
,@:@;@lic:ttion cf t;lf., Cil,@ of
rlivi,!,,,,n Of
to coils.-r-act a for a U@,
s@ation or! alt.
foot ror@) (ir lc,ls r, t
fc,L@t alorig t@i@ Of I)rivo a
;@i I Lce of 7@@.!'Jl
rlin ." d @talict, of 79.7? fe2t alonq th'e
Eastern proport.,/ lirc, r@j.@ini!in a dis+lar,.ce of 40 t aloni ti;('. Southern pronerty lire
and rutinino a dista,ic,@ of 7(@ fel@t along tile ti, tern propcr-Ly 1 ne.
Park i@rL t_ s
ount Tras!,-ore
Pla,inin g COI',k-,Iission Peco,-,P-ndation:
A mtion bY the Plannin(i Co.-issio-,l nassed for anproval of th r
,o staiidard site plan requirc-.@nts. ('L-nqineerin@) Is equest subject
I "lotion by Councilman Fcrrell, seconded b), Councilman Gardner
and by recorded vote as foilows:
Ayes: Coun.cilmen Johri A. Baum, Mayor Robei't B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Cliarles W. Gardner,
Clarence A. flolland, D. @lurray @falbon,,Dona.ld li@ Rhodes,.and
@loyd E,, Waterfield,.: Jr.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne
ty of Virgini
Beach, Division of Public Utilities for a Use Permit to construct a
sewage pumpiiig statioli on cer@aiti property e -,,n at a point 63S
CitY Council approved the above application of the Ci a
t, 'n
feet more or less Northivest of Edwin Drive dedg running a
distance of 76.01 reet along the Northern property line, running a
distance of 78.72 feet along the Eastern property line, running a
distance of 40 feet along the Sout;iern property line and runriing a
distance of 70 feet along tlie l@lestern propert@, line. (Nlount Trashmore
Park Area). Kempsville Borough. Approval is subject to the following
stipulation:
1. Standard site plan revieiv as required by the Site Plan
Ordinance. (Engineering)
I
ITENI #6316
On niotioii by Vice @lavor Ervin, soconded by Councilman Gardner,
aiid by recorded vote as follows:
Ayes: Councilmen Jolin A. Bauiii, Nlayor Rol)crt B. Cromivell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles IV.-Gardner,
Clarence A. liolland, D. Murray Nlalboji, Donald 14. Rhodes, and.
Floy(i E. lvaterfield, Jr.
Nays: None
Absent: Councilmen Robert Ii. Callis, Jr. and J. Curtis Payne
City Council approved on second readilig tlie sum of $10,000 to the
Southeastern Virginia Regional Water Authority as seed money so the
Authority will have funds to act as colisultants.
ITEM #6317
On motion by Councilman Holland, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne
On April 16, 1973, City Council authorized, by Resolution, the
City Manager to apply for a LEAA Grant to improve the record
keeping and data managenient system in our Juveni-le Justice System.
As the grant application has now been approvcd in a total amount of
$92,048, exclusive of in-kind contributions, City Council approved
on second reading the appropriation of this sum and increased the
estimated revenues from the Federal Governniont by $73,074, and
further approved on second reading the transfer from Reserve for
Contingencies the local cas.11 match of $18,974.
The local cash match is for the following purposes:
Purpose Amount
Programmer II $ 1,694
System Analysis 9,800
FICA 1,480
Computer Services 6 000
Total Cash Match $18,974
Item #6318
Oii i:iotion bN@ Couricilri.,iii @izill)on, secoii(le@l b@, Councili@ian Ferrell,
aiid by recorded vote as @oiloi@s:
Ayes: Couiicilmer, Joli-q A. BaL:,.n, \Iayor Plobert B. Croinivell, Jr.,
Vice Mayor F. Reid Ervi;i, Georgo R. Feri,oll, Charles IV. Gardfier,
Clarence A. Holland, D. Nlurray Nialbon, I)onald H. Pjiodes, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert H. Callis, Ji,., and J. Curtis Payne
City Council approved on second reading the low bids of A&W
Contractors, Incorporated, in the amoulit of $369,802 for the
installation of the sewer lines in the Wolfsnare subdivision,
and Van de Reit Construction Company, Incorporated, in the
amount of $65,961 for the construct@ion of tlie pump station portion
of this contract. Tlie total cost of tlie project is $435,763. There
will be,engineering fees and possibly contractural change orders,
and the estimated cost will be approxiniately $500,540.
@@..!,In the 1973 Charter Bond Issue $270,000 was all-ocated for tho
Wolfsnare project. There is also $300,000 in the issue for the
Thoroughgood project. As the pump station sites in Thoroughgood
have no-r been obtained, no-r the plans coflipleted, City Council
further approved on second reading that $200,000 of the sum
allocated for the Thoroughgood project be transferred to the
Wolfsnare project, and in addition, $30,540 unexpended from the
Oak Terrace sewer project in the 1971 Cl@arter Bond Issue also be
allocated for the IVolfsnare project. The total amount available
for the Wolfsnare sewer project will then be $500,540.
ITEM #6319
COUNCILMAN PAYNE RETURNED TO COUNCIL CHANIBERS
On motion by Councilman Ferrell, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Doilald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Rob,ert H. Callis, JT.
Notice was received from the Cffice of Revenue Sharing that
Virginia Beach's allocation for the entitlement period ending
June 30, 1974, @ill be $3,778,648, at th-. time of the public
hearing on Jure 18th, the estimate was $4,024,000, 1,,hich was
based on the amouiit received for the first lialf of the entitlement
period ending June 30, 1973. Theyefore, City Council approved on
secoiid reading the reduction of the previously approved appropriation
by $245,352. The reductioii is to be made in the $343,500 allocated
for the addition to the Administration Buildilig. It is apparent that
this cost cannot be met prior to thc latter part of FY '74, and that all
the funds allocated will not be utilized this year. If the entire reductio@
is applied to this project $98,148 will reinain for plans and construction.
ITE@l @"6320
Oii motioii by Couiicilriaii lqaterfield, secoilded by Counciliiian Gardner,
aiid by rccorded vote as folloi%,s:
Ayes: Councilmen John A. liaum, Mqyor Rol)ert B. CromlTell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Cliarles W. Gardner,
Cla-rence A. Holland, D. Murray Nlalbon, j. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.,
Nays: None
Absent: Councilman J. Curtis Payne
The City Garage operates on an advance from the General Fund in
the amount of $100,000. Of tliis amount, approximately $87,000
is invested in inveiitories of gasoline, grease, parts, machinery
and eqpipment, and only about $13,000 is available to finance the
day-to-(Iay operations of the garage. I'herefore, in order to prevent
cash overdrafts in the City Garage Workiiig Capital Fund at various
.times,each month (before reimburseinents are received from departments),
City Couiicil approved on second reading the increase advance from the
General Fund by $25,000 for a total Working Capital Fund at $125,000.
ITEM #6321
On motion by Councilman Ferrell, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charl'es W. Gardner,
Clarence A. Holland, D. Murray Nialbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, jr.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council adopted the following Resolution requesting State
Highway Commissioner to acquire rights-of-way for Princess Anne
Roz(d:
-7,
l@equested by the City i,lana,,cr
The regular meeting nf I:'@ie Council of the City of Virginia Beach,
Virginia, was held in the CoLi-,icil Chambers of the City on Ilonday,
September 10, 1973, at two oiclock p.m.
On motion by Mr. Ferrell and seconded by Mr. Gardner
the following resolution was unanimously adopted:
R E S 0 L U T I 0 N
WHEREAS, Section 33.1-89 of the Code of Virginia, as amended, by
the 1970 session of the General Assembly, authorizes the State Highl-7ay
Commissioner to acquire rights-of-way for the construction, reconst@uc-
tion, alteration, maintenance and repair of public highwdys within
municipalities on projects which are c.onstructed with State and Federal
participation; and I
WHEREAS, Section 33.1-89, as amended, further provides that the
State Highway Comnissioner may exercise such authority only upon rec@ipt
of official request from the city or town involved;
NOW, THEREFORE BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH hereby requests the State Highway Commissioner
to acquire the necessary rights-of-way for Project 0165-134-102, PE-101,
R/W 201 (Princess Anne Road - City CIP Project 2-302@) wit-hin the
Corporate limits of said City and to convey the title to such right-of-
way to the City of Virginia Beach upon completion of the project. The
City of Virginia Beach agrees to reimburse the State Highway Department
for fifteen percent (15%) of all costs incurred in the acquisition and
conveyanc6,.of such right's-of-way and it is understood that such acquisi-
tions will be handled by the Commissioner under established policies
and procedures and his decision in all instances shall be fihal.
ITEM #6322
On motion by Councilman Rhodes, secolided by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice @laybr l@. Reid Erviii, George R. Ferrell, Charles W. Gardner,
Clarence A. floliand, D. @lurray @Nlalbon, J. Curtis Payne, Donald
11. FJiodes, aiid Floyd E. IVaterfield, Jr.
Nays: Noiie
Absent: Councilmaii Robcrt Ii. Cillis, Jr.
City Couiicil adoptcd tlie follo@ving l@csoltiti,oll requesting Virginia
I)cl)@irtiliciit of ilighiva),,; to procced witli bids oii Indiaii IZiver ]Zoad:
Requested by the City Manager
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers of the City bn 14onday,
September 10, 1973, at two o'clock p.m.
On motion by Mr. Rl,odes and seconded by Mr. Gardner
the following resolution was unanimously adopted:
R E S 0 L U T I 0 N
-W S,-by Resolution adopted August 10, 1970, the City has
requestLd.,authorized the construction, and agreed to pay 15% of the
-o@
..cost of survey,.plans, right --way and construction for Route 603
(Indian River Road - City CIP Project @-300) as Project UOOO-134-104,
PE-101, R/W 201, C-501; and
,WHEREAS@--on July 26, 1973, a public hearing was held in reference
to the propos,,ed..,Highway Development Project UOOO-134-104, PE-101, R/W
201, C-501., (Indian River Road) in the City of Virginia Beach, Virginia.
'NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Virginia Department of Highways is hereby requested
to proceed with the advertisement for construction bids, on Indian River
Road from the intersection of Chesapeake-Virginia Beach Corporate limits
to the intersection of Interstate Route 64 as presented at the afore-
mentioned public hearing.
ITE@, #6323
On motion by Councilman Payne, seconded by Vice Mayor Ervin, and
by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Mayor Robert B. Cromwell, Jr.,
ViCe @layor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Nlurray @Ialbon, J. Curtis Payne, Donald
H. RI).odes, alid Floyd L-. Waterfield, Jr.
Nays: None
Absent: Councilman Robert H. Ca-Ilis, Jr.
CitY Council approved on first reading tlie following Ordinance tc,
aniend and reordain Chapter 37 of tlie Code of the City of Virginia
Beacli relating to water supply:
AN ORDINANCE TO AM..FND AND REORDAIN CHAPTER THIRTY
SEVEN OF THE CODR- OF -IIIE CITY OF VIRGINIA BEACH,
VIRGINIA, RELA-IING TO WATER SUPPLY
BE IT ORDAINED BY THE COIMC TL OF THE CITY OF VIRGINIA BEACH
VIRGINIA:
.-That chapter thirty-seven of the Code of the City of Virgitia Beach
be amended and reordained to read as follolqs:
ARTICLE I. Regulations.
SSection 7-1. Definition of "consumer".
A "consumer", as used in this chapter shall mean any person to whom
water from the city water system is supplied directly, either as owner,
agent or,tenant of the premises to which supplied, and who is liable to
Ithe Cityzfor@the payment of the charges for water so supplied.
Section 37-2. Definition of "water service".
The words "water service", as used in this chapter shall be taken
to mean the use, or the right to the use, of city water delivered into
a building, lot or prem@lses or at the curb, provided, that when any lot
contains more than one building or any building is divided into separate
functional.units such building or lot as the case may be shall not be an
,additional service if it is owned by one person and all water so used is
paid for..by one person and provided, further, thatthe Utilities Engineer
I
may specify for any lot or building the number of separate water services
as he deems necessary which shall be required for water supply.
Section 37-3. Application for water.
The city manager is hereby authorized to furnish water service to
consumers only upon application and contract, signed by the owner, agent
or tenant of the premises now connected with the city water system or
-h6reafter to be connected, agreeing to abide by the city ordinances govern
ing the service and to pay the charges for water prescribed by law. The
application and contract shall @e made on printed forms furnished by the
bureau of customer service, signed by the owner, agent or tenant being
served or to be served, provided, however, that the application and con-
tract for water service for motels, hotels and apartment buildings must
-be--s-igne,,d-by..--the owner unless there is a separate meter for each dwelling
unit and.proVided further, that no application by a tenant will be accept(
until.the-applicant produces sufficient proof that he has a leas6 for a
term in excess of ninety days. The failure of any person now connected
and being served with water to return the application and contract to the
supervisor-,Of the bureau of customer service within sixty days from the
date of pas.sage of this ordinance shall be sufficient grounds for the Cit]
to discon,tinue such service and the cl@ry manager is so directed.
Any,.:4wr-son desiring water service for any premises, the occupancy of.
which by any -such person dates from and after th'e adoption of this ordin@
ance shall make application and contract for a connection for the premise!
with the city's water system where service has been disconnected, or for
the privilege of using water in case the premises have not been discon-
nected from the city's water system, and it shall be unlawful for any suct
perEon to take water from the city's mains until such application and
contract has been made with the city and approved by the bureau of custom(
service.
Section 37-4. Deposit fees.
@@Any@per;son who is not and who has not, for a period of three months
-immediately,prior to application, been a consumer of water from the water
system of the city shall at the time he makes application for water depos'.
with the city a sum, as indicated in the below schedule of deposit fees,
for e;ach premise to be served by the city, and water shall not be supplie(
such person until said deposit is made: said deposit to be held by the cit
as security for the payment of water servi-ce supplied such person. Th2l-s
deposit shall be returned to the consumer at the time said consumer shall
vacate the premises and service is no longer desired by that consumer,
provided, that the account is current]-y paid. Upon discontinuance of the
service, if the account is not current, tlie final bill shall be computed
-2-
to the date of discontinuance and deducted from the deposit and any
balance in excess shall be refunded to the consumer. The schedtile of
deposit fees shall be as follows:
a. $25.00 for each single family residence or lot.
b., $25.00 for each separate dwelling unit of an apartment or
other multi-family dwelling house served by one meter not
to exceed $300.00.
C-.,$25.00 for each occupancy unit of a motel or hotel served
@by one meter not to 6xceed $300.00.
d,@ $100.00 for each commercial or business water service
connected to one rreter.
e.---@ $100.00 for any other water service not classified above
which is connected to one meter
Section 37-5. Each meter considered separate service.
If any consumer is supplied by more than one meter, each meter shall
be considered as a separate service both as to service charges and rates
for water and as to all other provisions of this chapter including
application requirements and deposit fees.
Section 37-6. Districts.
The city manager.is authorized to divide the city into districts, as
many as may be.expedient, in order to expedite the reading of the meters
and the collection of the water bills.
Section 37-7. When water bills payable.
The city manager is hereby authorized and directed to bill all con-
sumers quarterly in accordance with their locations in the city for th6
service rendered and such bills shall be due and payable within ten days
from the date of the bills; provided, however, that the city minager, in
his discretion, may render bills for water service monthly to all commer-
cial and industrial consumers, and such monthly bills shall be due and
payable within 10 days from the date of the bill.
-3-
Section 37-8. Commercial or business establishments.
All owners of commercial or business establishments occupied by more
than one tenant shall provide separate water service with separate meters
for each such occupant, or in lieu thereof, shall themselves make appli-
cation for water service for the entire premises, and become responsible
for all water bills incurred on such premises.
Section 37-9. Default in payment of water bills.
T-he bureau of customer service shall mail water bills, but failtire
receive such bills shall not prevent the discontiriuance of service if
the amount due has not been paid within the time limits specified. Should
any bill not be paid when due, the consumer shall be deemed delinquent 30
days after the date of the bill; and the bureau of customer service shall
cause the water to be shut off after 45 days from the date of the bill;
and the water shall not again be turned on until all arrearages and
charges shall have been paid, including a charge of two dollars for
turning the water on, if the premises are occupied by the same consumer
who incurred the bill; provided, that any consumer delinquent or in
arrears shall settle all past indebtedness wherever incurred before.again
being served city water.
Section 37-10. Unauthorized water turn on.
Should the water be cut off from any premises by the bureau of custolfe
service for the nonpayment of a bill or for any other cause, and afterwardt
be found turned on without authorization of the bureau of customer servic6l
the service shall be disconnected and shall not be restored until the con-
sumer shall pay all delinquent bills, and in addition thereto, the sum of
fifty dollars for i-erroval and replacement of the meter.
Section 37-11. Procedure when property i8 vacated, charges for restoring
service.
All owners, or their authorized agents, after knowledge that their
premises liave been vacated, shall proniptly notify, in writing, the bureau
-4-
of customer service to shut off the supply of water thereto, and upon
such notification iti writing from the owner, agent or-tenant, the bureau
of customer 8ervice shall effectually shut off the water to said premises,
and at the same time record the reading of the meter.
When the service is shut off, the following charges shall be rnade
and collected when application is made to restore the service:
1/2 " and 2" connections $50.00
b -5/8'1
3/4" and 1" connections $25.00
C.@ - charges to res tore service for connections in excess of
2" shall be based on actual cost, plus 12% or a minimum
charge of $50.00, whichever is greater.
Provided, however, that service Tnay be kept intact by application of
the-owner to the bureau of customer service agreeing, during vacancy, to
pay the service and minimum consumption charges thereon.
Section 37-12. Water for construction purposes.
Contractors applying for water service for buildings or construction
purposes shall pay for same at the regular meter rates, and shall be held
responsible for all water so used, as recorded by the meter, or otherwise
ascertained, until such time as the contractor shall notify the bureau of
customer service, in writing, to cut off the supply.
Section.37@13. Public buildings to have meters, charges for water supplie
All-public buildings (including school buildings), state, federal and
municipal,-in the city, as may be designated by the Utilities Engineer,
shall have attached to the supply pipes connecting such buildings with the
water mains of the city such meters, for rieasuring the water supply fur-
nished such buildings, as may be selected by the Utilities Engineer as
being suitable. The water so supplied to such corisumers shall be charged
to them, to the proper department or to others having control of such
consumption, at prevailing rates.
Section 37-14. Water meters to reniain property of the city; repair and
repl-acement.
-5-
All wate-r meters installed by the bureau of customer service shall
remain at all times the property of the city and shall be maintained and
repaired, when rendered unserviceable through wear and tear, and renewed
by the city; provided, however, that where replacement, repairs, or ad-
justments of any meter are rendered by the act, neglect or carelessness
tof@the-.iowner:or occupant of any premises, any expense caused to the city
thereby shall be paid by and collected from the owner or tenant of the
premises.
Section 37-15. Test of water meter.-
Any consumer shall have the right to demand that the mete@ through
which water is being furnished be examined and tested by the bureau of
customer service for the purpose of ascertaining whether or not it is
-.-.registering i=-rrectly the. amount of water which is being delivered througil
it by. said @eau to such consumer; provided, that when any consumer-de-
sires to have said meter so examined and tested, such consumer shall make
application therefor in writing to the said bureau, and shall deposit witt
said applicaticn the amount charged for the various sizes, to-wit:
5/8" meter .................................. $25.00
3/4" meter .................................... 25.00
1" meter .................................. 25.00
1 1/2" meter .................................. 25.00
2" meter .................................. 35.00,
3" meter .................................. 50.00
4" meter .................................. 75.00.
6" meter .................................. loo.oo
The amount to be deposited for testing meters in excess of six inches
shall be based on estimated actual cost, plus twelve per cent.
If, upon suc@ examination and test, the meter shall be found --o re-
gister,three per cent or more water consumption than actually passes
through-it-i the meter shall be corrected and the fee charged in the appli-
cation for a test shall be refunded to the person making the application
and the water bill correspondingly corrected.
6-
Whenever a meter is out of order and fails to register, the consuirer
shall be charged with an average daily consumption as-shown by the meter
when in good working order and registering correctly.
Section 37-16. Adjustment of abnormal bills due to leakage.
The S-upervLsor, Bureau of Customer Service, is hereby authorized, by
@and-wi@tbe, consent of the city manager, to adjust and settle such claims
agaiiist tiie division of water supply for abnormal bills, due to leakage,
-11 in the judgment of the supervisor, work an injustice to the
as wi
constlmer unless corrected.
SectiDn.37-17. Extravagant use of water; repair of leaking@pipes, etc.
.,Noperson..-shall unnecessarily consume any city water by a careless
and extravagant use of same, nor permit the water to run from any hydrant
-.cock or fixture without proper care to prevent waste. If any pipe, hydrant
cock or other fixture-be found leaking, the owner of the premises shall
have the necessary repairs made within ten days after receipt of notice
from the division of water supply so to do.
Section 37-18. Fixtures, etc., to prevent waste of water.
The refusal or neglect of the owner or occupant to equip and maintair
the premises with service pipe connections, utilities or fixtures of ap--
proved character and quality to prevent waste of water shall.be sufficient
grounds for, the refusal of the bureau of customer service to connect the
..pr,emises with city water or to continue such connection after having giver
three days written notice of intention to shut off water pending repairs
because of water waste.
Section 37-19. Turning off water for purposes of repairs.
In case of breaks in the mains, services, pumping machinery, re-
servoirs or other waterworks equipment making it necessary to shut off thE
water, or when it is necessary to shut off the water for the purpose of
repairing, extending or cleaning the inains, previous notice will, if
practicable, be given, but in no case will any claim for damages due to
water being shut off be allowed.
-7-
Section 37-20. Using fire hydrants.
Fire hydrants are provided for.the sole purpose of extinguishing
fires, and all persons, except the department of fire and the bureau of
sewers and the bureau of water supply in the division of utilities and
the bureau of street cleaning and refuse collection in the department of
community services, or such persons as may be specifically authorized by
the S.Upervisor of the bureau of customer service, are hereby prohibited
from opening or using the same.
Any person authorized to open f-ire hydrants shall use only an approvc
spanner wrench, and shall replace the caps on the outlets when the same a]
not in use.
Stdtion 37-21. Access to premises supplied with water.
The Utilities Engineer and his agents shall have free access at all
reasonable hours to all patts of any premises to which water is supplied
to make necessary examinations.
Section 37722. Obstructing valves, manholes, meters, etc.
It shall be unlawful for any person to place upon or about any gate
valve, manhole, stopcock, meter or meter box connected with the water
pipes of the system of waterworks, any object, material, debris or struc-
-ture@of@4Lny--kind which will prevent free access to the same at all times.
Section-37--23-. Turning water on or off; tampering with appliances.
No@-person, or his agent, except employees of the division of public
utilities, shall cut off or turn on the water at any city curb cock, nor
remove, aisconnect or tamper in any way with any water meter, water
connection.-curb cock or curb box, or any part thereof, or any other
equipment installed by the division of piblic utilities in connection
with the water system without previous permission, in writing, from the
division of public utilities so to do; provi-ded, that in case of necessar
emergency in connection with repair work on any premises, the person doin
such repair work shall be permitted temporari'@y to turn on or off the wat(
and upon completion of the work shall leave the water on or off as before,
In such cases, notice of such turning on or off of said water shall be
given to the division of public utilities as soon as possible.
Section 37-24. City to make connections.
-No person, except the properly authorized agents of the Utilities
Engin-eer-- -1 tap or make any connection with the main or distributing,-
shal
pipes of the waterworks.
Section 37-25. City not responsible for damage.
The city will not be responsible for any damage caused by defective
plumbi-ng@or open outlets when water is ordered turned on by the owner,
lessee or agent.
Section 37-26. Straight connections in meter boxes; changing service
pipe from one tap or meter to another.
It shall be unlawful for any person to install a straight connectiori
in meter boxes where meters have been removed or to change any servi-ce
pipe from one tap or meter to another, without first obtaining permission
in writing from the bureau of customer service.
Section 37-2-7. Cutting off any source contalninating water distribution
system.
The Utilities Engineer is hereby authorized to cut off the supply
of water from any source within the water distribution system of the city
after the public health director of the city has certified that such
source may be a contaminant and a public health hazard.
Section 37-28. Liability of city; restricting use of water.
The city shall not be liable for any damage resulting from the
bursting of any main, service pipe or cock, from the shutting off Qf
water for repairs, extentions or contiection or from the accidental
-9-
failure of the water supply from any cause whatsoever. In cases of
emergency the city shall have the right to restrict the use of water in
,any re.asonable manner for the protection of the city and its water supply.
Section 37-29. Penalties.
Any person who shall violate any of the provisions of this chapter,
for-.which no otfier penalty is provided, shall, upon conviction ther6of,
be fined.:not@less than fifty dollars nor more than five hundred dollars,
.-.-,and--each--day's continuation of a violation shall be considered a separate.
offense. Any such person shall furthermore be liable for all damage, loss
and7expense@suffered or incurred by-the city as a result of such violatior
ARTICLE II. Service Fees.
Section 37-30. Fees.
The following water line connection and installation fees shall be
paid:
(i) Connection to a city water line (tap fee):
3/4" Tap ................................................ $175.00
1" Tap ............................................... $2 25.00
Taps in excess of 1" Cost of labor and materials
plus 25% of such cost.
For 1 1/2" taps, $600.00 shall be placed in escrow by
the applicant and $700.00 for 2" taps shall be placed
in escrow at the time of application.
For taps in excess of 2", the amount placed in escrow
shall be based on estimate of costs by the Director of
Public Utilities.
In any case i.,here fees are paid by check and the check
is returned for insufficient funds, the tap shall not
be installed or if already installed, the water service
shall be discontinued until full payment is received.
(b) Property owners share of line installation cost for line in-
stalled or purchased by city (line fee):
(1) Single-family residence first 100' of frontage
or portion thereof ................................ $400.00
Each foot of frontage in exces@ of 100 ............ $ 4.00
-10-
(2) Multi.-f@,in.ily dwellings:
first 12 units per acre; per unit ................. $125.00
next 12 units per acre (i.e., 13-24); per unit .... $250.00
-next 12 units per acre (i.e., 25-36); per unit .... $375.00
all units per ac.-e over 36; per unit .............. $400.00
(3) @Trailers, per space ............................... $125.00
--,--(4) Motels and hotels, per room ....................... $100.00
(5) Nursing and convalescent homes, per room
(calculated at 2 beds = 1 room) ................... $100.00
-(6) Professional and office buildings, per office ..... $100.00
(This fee shall apply where individual professional offices (doctors,
dentistil lawyers, etc.) are specifically delineated. otherwise, where
office space is not so divided into specific professional offices, in-
cluding-batks and other office areas, the fee shall be one hundred dollare
per six hundred square feet of building area.)
(7) Retail stores and shopping centers, per square
foot of floor space ...............................$ .07
Industrial manufacturing, wholesale and distribution
facilities domestic use fee per square foot of floor
space .............................................$ .07
Warehouse space or other related facilities where square footage per
employee exceeds four hundred square feet rat,io domestic use fee to be
based on two hundred dollars per four employees; provided, that the min-
imum fee shall be two hundred dollars.
(c) Property owners share of line installation cost when water line@
-are inseqlled in part by private parties and in part by the,city. Fees iT
this section (c) shall only apply where the property to be served is a pol
tion of the original property for which the distribution lines were insta--
led by private parties. Further, fees in this section (c) shall not appl,
where connection is made to lines purchased by the City of Virginia Beach
from the City of Norfolk.
(1) Single-family residence, each ...................... $150.00
(2) Multi-family dwellings
first 12 units per acre; per unit .................. $ 75.00
all units per acre over 12; per unit ................ $150.00
(3) Trailers, per space ................................ $ 75.00
(4) Motels, hotels; per room ........................... $ 75.00
(5) Nursing and convalescent homes, per room
(calciilated at 2 beds = I rootii) .................... $ 75.00
(6) Professio nal and office buildings, per office, or
per six hundred scuare feet, as described in
paragraph (b) (6) of this section ................. $ 75.00
(7) Retail stores and shopping centers per square
foot of f'@oor space ................................ 2 1/2i
(8) Industrial manufacturing, wholesale and distri-
bution facilities domestic use fee per square
foot of floor space ............................... 2 1/2i
Warehouse s.pace or other related facilities where square fobtage per
employee-exceeds four hundred square feet ratio doinestic use fee to be
based, on fifty dollars per four employees; provided, that the minimum fee
shall be two hundred dollars.
(d) Special line fee for seasorialiy operated camp site parks con-
nected to any city water main:
Per camp space ......................................... $ 55.00
Provided that to obtain such fee, the owner shall enter into a con-
-,-.tract wi@h the city providing that at such future time that the,camp park
ig converted to year-round use, fees specified in paragraphs (b) (3) or
(c) (3) of this section shall become applicable and the owner will pay
the difference in such fees at time of conversion to year-round use.
(e) Special line fee for industrial users of process water when
connected to any city main:
.Where process water is used, the line fee for the total water used,
both process and domestic, shall be based on the following schedule, ex-
cept that it shall not be less than provided under paragraphs (b) (8) or
(c) (8) of this section, whichever may be applicable.
0 to 20,000 gallons per day = $150.00 per 400 gallons
20,001 to 25,000 gallons per day = 30@ per gailon.
25,001 to 50,000 gallons per day = 22 5@ per gallon.
50,001 to 75,000 gallons per day = 11@ per gallon.
All over 75,000 gallons per day = 4i per gallon.
In order to obtain this special rate, the owne@ shall pay an original
fee based on the estimated flow for the first year and shall enter into a
contract with the city wherein the owner shall agree to pay fees for
additional flows not previously paid for as determined by annual average
metered flow.
-12-
I I - -- .-- I - .1 - --- 1. @-I l-. - --- --- I ----
(f) In cases of complexes of buildings, and in cases not specificall
provided hereinabove, line fees shall, where feasiblei be determined by
the equivalent number of residences-at 400/gal/day and four persons each
and in accord with paragraphs (b) (1) and (c) (1) of this section, as the
case may be. Where such determination is not feasible, the rate shall be
determined by the director of connunity services and approved by city
council. In no case shall any line fee be less than that for one'single-
famil@y residence as may be specified in paragraphs (b) and (c) above.
(g) No building permit shall be issued nor shall any water or sewer
tap be installed for any property until fees provided for in this section
shall have been paid.
(h) In the case of existing contract agreements between owners and
the city regarding fees and waiver of fees, such agreements shall remain
in effect.
This ordinance shall be in effect from and after the date of its
adoption.
First reading: September 10, 1973
Second reading:
Ado,@ted by the Council of the City of Virginia Beach, V4-rginia, on
the day of 1973.
ITEM #6324
On motion by Councilman Ferrell, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Nlayor F. Reid Ervin, George R. Ferrell, Charles I'l. Gardner,
Clarence A. Holland, D. Murray Nlalbon, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Donald 11. Rhodes
Absent: Councilman Robert H. Callis, Jr.
City Council approvod tlie following Oi,dinaiice vacating a portion
of a ccrtain easeiiient sliowii on tlie plat of Pembroke Nlanor, Section
One:
AN ORDINANCE IIACATING A PORTION OF A
CERTAIN EASE@l-rNT SIIO@-@7iN ON THE PLAT OF
PEMBROKE IIANOR, OECTION ONE
BE IT ORDAINED BY THE COUN'CIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
WHEREAS, Pembroke Associates, a general partnership, has petitioned
for the vacation of a portion of the utilities and drainage easement as
shown-on a certain plat of subdivision; and
WHEREAS, it has been demonstrated that such portion of easement
is no longer required to serve public necessity and convenience and
that adequate facilities are in place to serve the area in question;
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that the following easement or portion of easement be,
and the same hereby is, vacated:
A five (5) foot easement along and adjacent to the side
and rear lines of Lots I through 10, both inclusive,
Block 16, as shown on plat entitled "Subdivision of
Pembroke Manor, Section One", which appears of record
in the office of the Clerk of the Circuit Court of the
City of Virginia Beach, Virginia in Map Book 55, at
page 5.
An emergency exists and this ordinance shall be effective from
date of adoption.
Adopte,d by the Council of the City of Virginia Beach on the 10th
day of -oeptember P1973.
ITEM #632S
On motion by Councilman Holland, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council apptoved the following tax refunds in the amount of
$819 . SS:
ECT. ;,pplictLiati fur Tax
f@r rc-@un@ --f ta;zcs tz;taling
certified for paymerit, U!i set forl@ti bclow;
DEPT.
V. A. Ethcridze. Troif;urer
"i ax t-@
LILite
Tax Type
.Ticket f i,
Vame Year of Ta- 11 tion Paid Bzise
@uriber No.
AQ 1- co"@in I 7,1. rn i5.00
le n F. Tlamiltor
hestc,r F ll,,ip@iiltl, 1 73 CT) 61656 1/5/73 15.00 15.00
L
atnpton 11 Se@ell 73 CD 36826 6/11/73 1-5.00
15.00
,7:3 I 0 C) r 1) I
1/2-6/7@ 15. OE)
ai;den of the Pii 2 S
c-t Melmori@l 73 RE 18687 1792- 6/20/73 32.76 32.76
he Southland
orp. 7-11 73 pp 7171.4 8810 6/18/73 34.62
7 171 5 8809 41.82
71716 8811 20.52
7 17 17 l P) 1 1
29.40
@1720 8814 46.68
71721 8807 15.72
71734 1806 35.70 224.4'0
gelasto,P. A. Jir & li,,i)nah
KE CliECI, PAYABI E TO:
reasurer, City cf 7-ir@inia each
0 be applied to,1973
#5, 90 1/2
1973 1,E 405 1/2 1458 5 /29 /7 3- 3 9 1.-681 I 391.6F
Ve
TO: ciry
e T) t
D,,i t e 11) -,3
FRC,ll: ttr. V. A. Etlieri(igc, Tre:isurer
JECT: Api)lication for T,-x RufutiLis:
=n-!4cat4cnn fcr rcfU-@.4 of ta:@--s @c;--zzling 11@0.65
y
cerLified for payment, as seL forl!i below,
V. A. Etheridre, Treasurer
raxi, @xonl?r-I
Tax Type iiare f
14ame Year of Tay Ticket ation Paid Base alty est
Number No.
,q vid L. Gibsc)n 1973 CT) 6372 zi/30/73 1-).00 15.00
line-Car TruIol( 1-/15/73 20.00 20.00
19F73 CD T7801
e,qsinp (3e,rv.1@.
rnest L. Pogey 1973 @D 37445 8/7/73 7.50 7.50
illi,im D. Stqnf)rd CD 19548 8/17/73 7.50 7.50
rank E. Butler 1973 PP 10791 7/26/73 7.38 37 7.75
rove.r C. Wril-ht Jr. Rl,' 52287 7/26/'73 38.70 1.94 1.42
1972i, 2 & 2/2 38.70 . 1.94. .20 82.90
fcationq fnr re Eti;i(i -of t-.,x,q
.)VC 1IDD1 t6talin-
ir Al
B i -i q on tticl,,Il(l J.
ITEM #6326
Mr. Hicks and Mr. McGeein appeared regardin@ the following street
closure. Mr. McGeein presented a copy of tlie Minutes from Cemetary
Consultants.
On motion by Councilman Holland, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George IZ. Ferrell, Charles W. Gardner,
Clarence A. liolland, D. Niurray Mall)oii, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilinan Robert If. Callis, Jt-.
City Council approved the folloiviiig St]-cet Closurc rclative to
Kellam Road in tlie Baysicle Borougli:
MINUTES OF SPECIAL @lF@,ETING
OF BOARD OF DIRECTORS AND STOCKHOLDERS
OF CEMETERY CONSULTANTS, INC.
Pursuant to waiver of notice, a special meeting of the Board of
Directors of Cemetery Consultants, Inc. was held September 4, 1973, at
5:00 p.m., at 4316-C Virginia Beach Boulevard, Virginia Beach, Virginia.
Attending the meeting were Charles C. Kirkpatrick, Harry J. Hicks, Robert
D. Haward, Rocco J. Lassiter, Charles Bashara and James P. McGeein, they
being all of the directors and stockliolaers of said corporation.
Charles C. Kirkpatrick served as Chairman of the meeting, and
Harry J. Hicks served as Secretary and took the minutes.
The President announced that, in connection with the corpora-
tion's request for rezoning to erect a mortuary, City Council has requested
that the agreement to have the property rezoned to residential use, in the
event this corporation was unable to erect@ the chapel and mortuary planned,
should be entered into by not only the Board of Directors, but also the
stockholders, their successors and assigns.
Upon motion duly made and seconded, it was unanimously
RESOLVED: That Cemetery Consultants, Inc. and all of its stock-
holders, their successors and assigns, hereby agree to be bound to have
the property in question, consisting of 3.71 acres on tlie north side of
Witchduck Road, rezoned to RS-4 in the event the corporation's plans for
the erection of a chapel and mortuary prove unsuccessful.
SecretAry
APPROVED:
ChairmaA
f IN RE: TIIE CLOSING OF A PORTION OF KELLAM ROAD
AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A POI@TION OF KELIAM ROAD,
BAYSIDE BOROUGII, NORTII OF WITCHDUCK ROAD
WHEREAS, proper notice that Cemetery Consultants, Inc. would make
application to the City Council of the City of Virginia Beach, Virginia, to have
the hereinafter described portion of public right of way closed, vacated and-
discontinued as a public street of the City of Virginia Beach has been duly
posted in three (3) public places; anct
WHEREAS, pursuant to Section 15.1-364 of the 1950 Code of Virginia,
as amended, the Council for the City of Virginia Beach, Virginia, has duly
appointed viewers who have reported to said Council that n, inconvenien,e to the
public, nor to private individuals, would result from such closure, vacation
and discontinuance; and
WHEREAS, it is the judgment of the Council that said portion of
said right of way should be closed, vacated and discontinued;
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINTA BEACII, VIRGINIA:
Section 1. That that certain portion of Kellam Road, hereiriafter
more particularly described, situate in Bayside Borough of the City of Virgi,,ia
Beach, Virgi.ia, is hereby closed, vacated and discontinued as a public street
of tM City of Virginia Beach, Virginia, and said portion of said street is ,t
needed for public use and travel:
THKT PORTION of Kellam Road as shown on a certain plat
entitled "Rosewood Memorial Park, Inc." dated Febr,ary
24, 1954, and appearing duly of record in the Clerk's
Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 36, at Page 15, more par-
ticularly bounded and described as foll,,s:
THAT PORTION of Kellam Road, as shown on said physical
survey, lying to the north and on ti,e northerly side
of Witchduck Road (formerly Bayside Road), the same
being thirty (30) feet ift width and for a distance of
400 feet from the northorly line of Witchduck Road
(formerly Bayside Road) as @;liown on the survey
aforesaid.
Section 2. That thirty (30) days after date hereof a copy of this
ordinance, certified by the Clerk, be spread upon the public records in the
Clerk's Office of this City and indexed in like manner as a deed to lands.
A:dopted by the Council of the City of Virginia Beach, Virginia, on the 10 th
day of Sei)tomber 1973.
ITEM #6327
On motion by Councilman Ferrell, seconded by Counclman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum'Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Donald H. Rhodes
Absent: Councilman Robert H. Callis, Jr.
City Council approved a correction to the minutes of May 22, 1972,
Item nuinber 4631, application of Pembroke Meadows Associates to
construct 254 apartment units. The correct number of units should
be 264 and not 254.
ITEM #6328
On motion by Councilman Malbon, seconded by Councilman Baum, and
by recor(f@d vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. CTomwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Fe3-rell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. lvaterfield, Jr.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council authorized the City @lanager to enter into a 3-party
contract, with the Commonwealth of Virginia, Norfolk Southern
Railway and the City of Virginia Beach, relating to the grade
crossing and protective devices locatecl oii Rosemont Road. This
is a standard agreement and funds have already been approved for
this project.
ITEM #632@)
On motioii by Councilman Baum, seconded I)y Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen Jo)in A. Baum, Mayor Robert B. Cromwell Jr.,
Vice Mayor F. Reid L-rvin, George R. ]@cri,ell, Cliarles W., @ardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
Ii. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert H. Callis, Ji@.
Bids have been received for the purchase of three trucks for the
Refuse Collection Bureau, and the low bid of $2410.00 is over the
budget figure, therefore, City Council approved t@.e transfer of
$2410.00 from Account 10312-814 to Account 10312-831, Capital
Outlay,
ITEM #6330
On niotion by Councilman Rhodes,seconded by Councilman Gardner,
and by recorded vote as follows:
Xyes: Councilmen John A, Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. flolland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Couiicilman Robert H. Callis, Jr.
On May 7, 1973, City Council authorized an application to the
Division of Justice and Crime Prevention for a federal grant to
improve methods used by Juvenile Court ill liandiing Juvenile status
offenders so as to divert non-criminal jzlvf-'niie offenders from
formal court adjudication.
The grant has now been approved and will cost $218,916. for a two
yea@ period. Therefore, City Council increased the estimated
revenues from LEAA by $lS2,z@)65. and the estimated reimbursement
from the State for Juvenile Court by $66,351., and further approved
an appropriat-ion of $218,916. to cover tile cost of this diversion
and treatment program.
ITEM #6331
On motion by Councilmaii @folland, secondeci by Coul-icilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
City Council approved the Bingo/Raffle application of the Pembr6ke
Manor Civic League
ITE@l #6332
Mr. Johii V. Feiitress, Clerk of the Circui't Court, requested that
he be allowed to purchase a new Letriver 200 filing system, at a
cost of $5600. In order to finance tlie Letriver 200, Mr. Feiitress
furtlier requested tlie autliority to reduce tlie number of approved
filing cabinets to Accouiit 6041-801 from sixteen (16) to two (2).
This would provide $2800. To finance tlie balance, aii appropriation
of $2800. is requested to be made to Account 6041-801, and the
estimated revenue in Account 609 be increased by $2800.
On motion by Councilman Rhodes, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor lzobert B. Cromwell, Jr.,
Vice Nlayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarente A. Holland, D. Nlurray Malboli, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. ivaterfield, Jr.
.Nays-. None.
Absent: Councilman Robert H. Callis, Jr.
.City Council approved the request of Mr. John V. Fentress, Clerk
of the Circuit Court, to purchase a neiv Letriver 200 filing system
at the cost of $5600. In order to finzince tlie Letriver 200, City
Council authorized Mr. Fentress to reduce the number of approved
filing cabinets from sixteeii (16) to two (2). This would provide
the $2800. To finance tlie balance, City Council appropriated
$2800. to Account 6041-801, and the estimated revenues in Account
609 be increased by $2800.
ITEM #6333
On motion by Vice Mayor Erviii, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Fei,rell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H.
Rhodes, and Floyd E. Waterfield, Jr.
Nays: None.
Absent: Councilman Robert H. Callis, Jr.
City Council authorized the City Manager to enter into a contract
with the Department of the Navy to establish a charge of 5 cents
per 1000 gallons as a wheeling charge for water delivered from the
City of Norfolk to various U. S. Governntental establishments located
within tlie City of Virginia Beach.
ITEM #6334
On motion by Vice Mayor l@rvin, secoiided by Councilmaii Gardner,
and by recorded vote as follows:
Ayes: Couiicilmeii John A. Baum, @layor Robert P. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles IV. Gardner,
Clarence A. Holland, D. MurTay Malbon, J. Curtis Payne, Donald fl.
Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert fi. Cal.lis, Jr.
City Council approved the new revised water and sewer budget in
the amount of $6,723,242. This is an increase of $3,362,249.
over tlie existing approved budget.
ITEM #6335
On motion by Councilman Ferrell, seconded by Vice Mayor Ervin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
-Vice Mayor F. Reid Ervin, George R. Fei,rell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert H. Callis, Jr.
The water and sewer budget contemplates the receipt from the
General Fund of $201,SOO. for fire liydrant rentals. Following
the adoption of the proposed budget, City Council approved a
transfer from General Fund - Reserve for Contingencies in the
amount of $26,500. to Account 9020-222 (Fire flydrant Service
Charges). The General Fund budget has an appropriatior@ of
$175,000. for this purpose.
ITEM #6336
On motion by Councilman Ferrell, seconded by Councilmail Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence.A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert 11. Callis, Jr.
City Council adopted the following service charges and cunsumer
rates to be effective on July 1, 1973, and to apply to all customers
served by the City of Virgiiiia Beach:
A. Service Charges
Nleter Size Cha rge p Tr Quarter
81 2. 5
3/4" 2.90
1" 5 . 7 5
1-1/2" 13.00
211 1 8 . 00
31, 36 . 00
4" 6 5 . 0 0
61, 14 4 . 0 0
81, 288.00
10" 4 5 4 . 0 0
1211 648.00
B. Coilsumer Rates
Miiiiiiluiii Cliarge $3.00/quarter
Consumption in Gallons/Quarter charge per 1,000 gallons
0-30,000 $ .82
30,001-50,000 .76
50,001-100,000 .70
all over 100,000 .60
ITEM #6337
On motion by Vice Mayor Ervin, seconded by Councilman Payne,
and by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Mayor l@obert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Abse@-it: None
City Council noted its intention to hold a closed meeting on Monday,
September 17, 1973, for the purpose of discussion under Section 2.1-
334, Sub-paragraph 1 and 6 of the Freedom of Information Act of the
Commonwealth of Virginia.
ITEM #6338
On motion by Councilman Gardner. seconded by Councilman Holland,
and b ote'l-the meeting adjouriied.
Richa ty er
City of Virginia Beacii,
Virginia
September 10, 1973