Loading...
HomeMy WebLinkAboutFEBRUARY 4, 1974 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA February 4, 1974 The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers in the Administration Building in the Borough,of Princess Anne, on Monday, February 4, 1974, at 2:00 p.m. The invocation was given by Mr. Richard J. Webbon, City Clerk. Councilmen present: John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and Floyd E. Waterfield, Jr. Councilmen absent: Robert H. Callis, Jr., and J. Curtis Payne ITEM #6751 On motion by Councilman Waterfield, seconded by Councilman Isdell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Mayor Robett-B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne City Council approved the Minutes of the Regular Meeting of January 28, 1974, and dispensed with the reading of said Minutes inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #6 752 Mrs. Sarah Hughes , Mrs. Douglas Barnes, and Mrs. Clara Hunt appeared before City Council regarding public transportation. Mrs. Hughes stated that the bus strike is causing a great inconvenience to shoppers and also an inconvenience to the people with jobs. Mrs. Clara Hunt presented petitions to Council with the signature of five hundred persons. Mrs. Douglas Barnes, Sr. addressed the following question to Council: "If all of the Council Members and Civic Organizations can get us to the polls to vote, why can't you Gentlemen get some action started to get transportation to the hospital, the medical center near the hospital, Hilltop Shopping Center, Pembroke Shopping Center, City Hall, Princess Anne Plaza, Haygood Shopping Center, Bayside, the Kempsville Area, and other points of importance in the City of Virginia Beach and Norfolk?" Vice Mayor Ervin requested Mr. J. Dale Bimson, City Attorney, to advise City Council regarding the possible steps that Council can take in order to provide emergency transportation to persons deprived of essential transportation due to the continuance'of the strike of the Trailways employees. It was indicated that under section 56.509 through 56.528, it might be possible for the Governx)r to declare the area in a state of emergency, with respect to transportation and thus permit interested parties to utilize routes presently under franchise to the Carolina Trailways Corporation, to supply emergency transportation. Later in the meeting Mr. L. B. Bateman, Supervisor of the Norfolk Division of Carolina Trailways, presented the following letter to City Council on behalf of the Carolina Coach Company: C@irolinEt Caach Cornpany 4DAkM4Dl-lF#JA PO BOX 1591/RALEIGH, NORTH CAROLINA 27602 'rRAILWAVO 'k7 nam@ -7 is L. 3. @', tei@e.-c@ @.i;l @@-vi-soj- o or:701-@-. ')ivis'@o,l oT Caroliiia 3eacii aiad tl-ic Vir,-;i i,@Ll -CC Our ..r. @ttr.l,ld alia t 7@t t. o t7- iS I t l@,@s lio ol:,i@ctic,.@) -01: @i, F,titho'@ity to 0,L3(,.c7@tc-, its i7r@ t- i- Virgi.,iia !3eaCT" i]-icludl --@c- I 0-P @i@ ie @7i t7-is tllc j onl/or SC -C. ITEM #6753 On motion by Councilman Gardner, 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, Garland L. Isdell, D. Murray Malbon, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne City Council approved the following Ordinance to amend and feordain Chapter 22 of the Code of the City of Virginia Beach regulating motor vehicles and traffic: AN ORDINANCE TO @ND AND REORDAIN CHAPTER 22 OF THE CODE OF THE CITY OF VIRGINIA BEACH REGULATING MOTOR VEHICLES AND TRAFFIC BE IT ORDAINED BY niE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 22 of the Code of the City of Virginia Beach, Virginia, is amended and reordained as follows: ARTICLE II Signs, Signals and Markers. Section 22-40.1 Authority to deputize persons to direct traffic in certain circumstances. (a) The chief of police may deputize persons over the age of eil@,hteen years without the power of arrest for the limited purpose of directing traffic in accordance with SS46.1-183 Code of Virginia, 1950, as amended, durin- periods of heavy traffic or congestion, pro- vided, that such persons first receive training as the chief of police determines necessary to fully acquaint such persons with the techniques of traffic control. (b) Any person who is deputized as provided in subsection (a) above, shall at all times while engaged in tral-:fic control wear a distinctive police uniform safety vest or a white reflectorized belt which crosses both the chest and back above the iiaist. ARTIbLE III Licensin- and Registration Generally Section 22-66. Disposition of surrendered licenses upon revocation or suspension. (a) In any case in which the accused is convicted of an offense, upon the conviction of which the law requires or permits revocation or suspension of the operator's or ciiauffeur's license of the person so convicted, the court shall order ttie surrender of sucli license which shall remain in the custody of the court during the period of such revocation or suspension if such period does not exceed thirty days, or until (1) the time allowed by lanq for appeal has elapsed when it shall be forwarded to the Co@ssioner, or (2) an appeal is effected and proper bond posted, at which time it shall be returned to the accused. (b) Provided, however, when the time of suspension or revo- cation coincides or approximately coincides with the appeal time, the court may retain the license and return the same to the accused upon the e@cpiration of suspension or revocation. ARTICLE XII Size and Weight; Combinations of Vehicles. Section 22-224. Width of vehicles and exceptions as to size. (a) No vehicle including any load thereon, but excluding the mirror required by SS22-197 shall exceed a total outside width as follows: (1) passenger bus operated in the city when authorized under SS46.1-180, Code of Vir,,inia, 1950, as amended, one liundred two inches; (2) other vehicles--ninety-six inches. Section 22-225. Height of vehicles; damage to overhead obstruction. (a) No vehicle unladen or with load shall exceed a height of thirteen feet six inches. (b) Nothin.- contained in this section shall be construed to require the city to provide vertical clearances of overhead bridges or structures in excess of twelve L@eet six inches, or to make any chan@es in the vertical clearances oy- ei;istin- overhead bridges or structures crossin@ streets or hi-h-v,7ays. The operator or owner of vehicles operating on streets or highways shall be held financially responsible for any damaqo to overhead 'tdridges or structures that results from collisions therewith. ARTICLE XIII Protection of Pedestrians. Section 22-251. Playing on streets or highways; roller slates, toys or other devices on wheels or runners; persons ridin-- bicycles, etc., not to attach to vehicles. (a) No person shall play on a highway or street, other than upon the sideivalks thereof, within the city. No person shall use on a highway or street where play is prohibited roller skates, toys or other devices on wheels or runners, e,,,Icept bicycles and motorcycles. The Director of Public Safety may desi2,,nate areas on hi@hways or streets where play is prohibited in which persons may be permitted to use roller skates, toys or other devices on ,iheels or runners and, if such highways or streets have two traffic lanes, such persons using such devices, except bicycles and motorcycles, shall keep as near as reasonably possible to tlie extreme left side or edge of the left- hand traffic lane so that they will be facin@ oncomin@ traffic at all times. (b) No person ridin.- upon any bicycle, roller skates, toys or other devices on wheels or runners, stiall attacti the same or himselr- to any vehicle upon a roadway. ARTICLE XIV Accidents Section 22-260. Penalty for violating precedin@ section. Any person convicted of violating the precedino, section shall be guilty of a misdemeanor and punished by a fine of not exceedin@ five hundred dollars or confinement in jail not e,,@ceeding twelve months, or both, in the discretion of the jury or of the court tryin- the case without a jury; provided, however, if the vehicle or other property struck is unattended and the damal-e thereto be less than fifty dollars, such person shall be punished only by a fine not e)@ceeding fifty dollars. Any person convicted of violating the provisions of section 22-259 my be punished in addition to the penalties provided in the first paragraph of this section, if such accident resulted only in dama@,c to property and such damage exceeded two hundred fifty dollars, by revocation of his license or privilege to operate a motor vehicle on the highways of the state for a period not to exceed six months by the court or judge; provided, that this section shall in no case be construed to limit the authority or duty of the connnissioner with respect to revocation of licenses for violation of section 22-259 as provided in chapter 6 (section 46.1-388 et seq.) of the Code of Virginia. Any license revoked under the provisions hereof shall be surrendered to the court to be disposed of in accordance with the provisions of section 22-66. Adopted by the Council of tlie City of Vir-inia Beach, Vir@,inia, on the 4th day Of February 1974. On motion by Vice Mayor Ervin, seconded by Councilman Ferrell, 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, Garland L. Isdell, D. Murray Malbon, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne City Council deferred for one week the following street closure a portion of Cherry Court in the Lynnhaven Borough, which had been deferred from January 21, 1974: AN ORDINANCE CLOSING, VACATTNG AND DISCONTINUING A PORTION OF CHERRY COURT, LOCATED IN THE BOROUGH OF LYNNHAVEN IN THE CITY OF VIRGINIA BEACH, VIRGINIA W-HEREAS, proper notice that FARL W. XEEGAN would make application to the City Council 6f the City of Virginia Beach, Virginia, to have the hereinafter described portion of Cherry Court closed, vacated and discontinued, was duly posted; and WHERFAS, application was made to the City Planning Commis- sion and to the City Council and, pursuant to the statut !es in such cases made and provided, the Councfl appoi-nted Viewers who have reported to the Council that.no inconvenience to the public or to private individuals would result from such closing, vacating and discontinuance; and WHERF.AS, it is the judgment of the Council that said portion of Cherry Court should be closed, vacated and discontinued; NOW THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia; Sectionl: That the said portion of Cherry Court described as follows in Lynnhaven Borough, Virginia Beach, Virgiriia, is hereby closed, vacated and discontinued as a public thoroughfare of the City of Virginia Beach, Vipginia, said portion of Cherry Court not being needed for public use and travel: Cherry Court runrling from Cherry Lane to the rear of Lots 96 and 98, pl@ of North Alanton being more particularly described on "Subdivision of property parcel located in Alanton, Lynnhaven Borough, Virginia Beach, Virginia, made for Marian H. Wyatt", made by W. B. Gallop, Sur- veyor, and found in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 74 at Page 49. Section 2: That thirtv (30) days after this date a copy of this Ordinance, Certified by the Clerk, be spread upon the public records in the Clerk's Office of the CircuitCourt of the City and indexed in like manner as a deed to lands. ITEM #675S City Council deferred for thirty (30) days the following st@eet closure - portions of Peck Street, Livingston Street, and Palace Green Boulevard in the Lynnhaven BorougH. This had been deferred from December 3, 1974: Jkh --- L.13UTLER CANADA ATTORNEYS AT LAW litaim.A K.cm. -2- AN ORDINANCE VACATING ALL OF PECK STREET AND LIVINGSTON STREET FROM THE EASTERN BOUNDARY OF PALACE GREEN BOULEVARD FORMERLY EMMETT STREET FOR A DISTANCE OF FOUR HUNDRED AND PIFTY (450) FEET AND THE EASTERN ONE HUNDRED THIRTY-SEVEN AND ONE TENTH (137.10) FEET OF PALACE GREEN BOULEVARD, FORMERLY EMMETT STREET COMMENCING AT THE NORTHEAST INTERSECTION OF LIVINGSTON STREET WITH SAID PALACE GREEN BOULEVARD AND TERMINATING AT THE SOUTHERN RIGHT OF WAY OF THE VIRGINIA BEACH-NORFOLK EXPRESSWAY, LYNNHAVGN BOROUGH, VIRGINIA BEACH, VIRGINIA. WHEREAS, Israel Steingold and Maurice Steingold filed a Petition with the Council for the City of Virginia Beach, Virginia, pursuant to the provisions of Section 15.1-364 of the Code of Virginia, as amended, expressing their desire to have vacated all of Peck Street and Livingston Street from the Eastern boundary of Palace Green Boulevar.d formerly Emmett Street for a distance of Four Hundred and Fifty (450) feet and the Eastern one Hundred Thirty-Seven and one Tenth (137.10) feet of Palace Green Boulevard, formerly Emmett Street commencing at the northeast intersection of Livingston Street with said Palace Green Boulevard and terminating at the southern right of way of the Virginia Beach-Norfolk Expressway, Lynnhaven Borough, Virginia Beach, Virginia. WHEREAS, a Board of Viewers were duly appointed, who reported in writing, recommending that said portions of peck Street, Livingston Street and the Eastern One Hundred Thirty- Seven and One Tenth (137.10) feet of Palace Green Boulevard, formerly Emmett Street commencing at the northeast intersection oi Livingston st'reet with said Palace Green Boulevard and terminating at the southern right of way of the Virginia Beach- Norfolk Expressway, Lynnhaven Borough, Virginia Beach, Virginia be closed. BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that all of Peck Street and Livingston Street from the Eastern boundary of Palace Green Boulevard formerly Dmett Street for a distance of Pour Hundred and Fifty (450) feet and the Eastern One Hundred Thirty-Seven and one Tenth (137.10) feet of Palace Green Boulevard, formerly Enunett Street commencing at the northeast intersection of Livingston Street with said Palace Green Boulevard and terminating at the southern right of way of the Virginia Beach-Norfolk Expressway, Lynnhaven Borough, Virginia Beach, Virginia, be, and the same are hereby vacated. ADOPTED BY THE Council of the City of Virginia Beach, Virginia, this day of 1973. Mayor ATTEST: Clerk of the Council ITEM #6'756 On motion by Councilman Malbon, secon(led by Councilman Ferrell, and by recorded vote as fol.lows: Ayes: Councilmen John A. Baum, Mayor l@obert B. Cromwell, Jr., Vice Mayor F. Rei,(l Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Hollanci, Garlatid L. Isdel*-, D. Murray Malbon, and Floyd E. Waterfield, jr. Navs: None Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne City Council authorized the City Manager to enter into a standard water and sewer agreement with Deerwood Trace, in the Lynnhaven Borough. ITEM #67S7 On motion by Councilman Isdell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Mayor l@obert B. Cromwellp Jr., Vice Mayor F. Reid Ervin, George R. Fei,rell, Charles W. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and Floyd E. Waterfield, Jr. Nays: None Absent: Couiicilmei,. [@ol-,,ert H. Callis, Jr., and J. Curtis Payne City Council approved the raffle permit for Father Habets Assembly of Fourth Degree, Knights of Columbus. ITEM #67S8 On motion by Councilirian (@ardner, seconded by Councilinan HolIand, and by recorded vote @is follows: Ayes: Councilmen Johii A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid l@rviii, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, (;ar"and I,. Isdelf, D. Murray Malbon, and Floyd E. Waterfiel,], Navs: None I Absent: CoilTicil me ii k(,beit Ii. CalIis, @Jr. , aiid J. Curtis Payne (,@ity Council autiiori-,(-@d tjic, (@ity Manager to submit a highway safety project graiit Lcation entitl@2d 'Improvement to traffic records 1-h@s would he Eunded 50% by the Virgiiiia Highway Sitf"@,,ty (-omniission aiid iO% by the City. The total project co.,@t i@@ ap[,I-OXLinately $22,128. and the local share is approxiibatel\@ $i,@,,ooo. This h@is already been included iii the I)udget fu,@ids 'cr the 1974 bidgc@t ITEM #(i751) Councilman Hollaiid stite@i that Doctor E. E. Brickell, who has beeii s(-,rving on 1,@he I:;oar(i of the Tidewater Community College term has expired anci altliough there lias I)een some policy by tlie State Education@il Boar'd ag@iinst real)i)ointment of people wlio are connecte(i witli t@ie scliool Syster,@, I ,nove that we reappoint Doctor to tfie Tidew,,iT,,r Community College Board, seconde(i @@y Malbon, @ii,t 4)y recorded vote as follows: Ayes: Councilyicii Jolij) liaum, Mayor l@(,[)ert B. (@,romwell, Jr., Vice Mavoi- F. Reid li@vl,,i, (,eorge R. Fei,ic,,Il, Charles W. Gardner, Cl,irenc@ A. l@olland, I,. Isdell, 1). Miirray Malbon, and F.Loyd i@. 1, Nays: Nor)e Absent: None Doctor iloiland furthei- ,equested either the (,ity Manager or the City Clei-k write a let'ei- to I)octor flainmel, Chancellor of the Community College svst@f.?.,q (@xplaining our position and asking their coticurrance i@caPI)OIlitifle!lt. ITEM #6760 Doctor Holland stated for the records that neither the City nor the Council had anything to do with the licensing of Holiday House. It comes under the Department of Welfare and Institutions and also the State Health Department. Doctor tiolland further stated he would like to have a report on this. ITEM #6761 Councilman Charles W. Gardner stated that Mr. Grover C. Wright and Mr. Cohen wished to approach Council regarding improvements.to the Steel Pier. Mr. Wright stated that the Property is zoned B-4 and there is a restaurant on tlie pier now. Mr. Cohen and his associates would like to improve this restaurant; however, none of the improvements will extend over the water they would I)e on top of the pier. In order to get a building perniit for this renovation they need a li:ense to so eilcroach over the public recreation area (the sand beach), and Mr. Cohcn needs Council's I)ermission to do this. Council deferred th-'s for one week in order for Mr. Wright to give certain inforiiiation to Mr. William W. Fleming, Director of Conimunity Serviccs. ITEM #67o2 Mr. Grover C. Wriglit, Jr stated that Mr. Cohen and Mr. McLesky were the successful bidders on the Marina property and subsequent to that there was a foreign claim to sc)me small part of the property between the original lot line and the iiow existing bulkhead line. Mr. Wri-ght stated lac would like to see the City condemn the interest, if any, of Mr. l,indsley,s corporation and have a panel of Commissioners tell him what tlie ,,altie of his interest in that property is so that Cotincil can be ..@n tl,.e position to close, that transaction. Mr. Wriglit furtlier @tated that he would like to see Council iristruct the City i@ttorney to institute, proceedings to condemn whatever intere@@t lic iiiay liave in that strip of land. Mr. J. Dale Bimson, @,@ity Attorney, statcd he would give Council, in the ExecutivE@ Sessioii, a report on a similar problem February 11, 1974. ITEM #6763 Councilman Garland L. Isdell brought up the matter of Sanderlin Farms and introdticed Mr. H. Calvin Spaiii and Mr. Grover C. Wright. Mr. Spain stated on January 7, 1974, on a series of six applications on Sanderlin Farms. Tlie sixth petitioii involved a R-8 zoning in which we requested a down zoning to R-6. Our plan h@ always been on the R-6 basis. We respectfully request that you regi@@d'-'the previous motion and 1)lacc, this matter ba@k on your agenda. Mr. Wright stated fie liad no objection to the rezoning of this particular parcel froin R 8 to R-6. Vice Mayor Ervin stated it was his understanding that they had resubmitted another plat for Planning review. Mr. Spain stated they had submitted one to the Planning Commission and it was submitted ()n the R-8 zoning as that is the current zoning of the property. Councilman Isdell made a motion to reconsider the application of Sanderlin Farms item 6, seconded by Councilman Ferrell, 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, Garland L. Isdell, D. Murray Malbon, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne and Robert H. Callis, Jr. CitY Coulicil voted to reconsider the application of Sanderlin Farms, item 6, Change of zoning from R-8 to R-6. ITEM #6763 (a) Councilman Isdell then made a motion, seconded by Councilman Ferrell, to readvertise the application of Sanderlin Farms for a change of zoning from R-8 to R-6. The recorded vote i, 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. Holiand, Garland L. Isdell, D. Murray Malbon, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne City Council voted to readvertise the application of Sanderlin Farms, item 6, change of zoning from R-8 to R-6. ITEM #6764 On motion by Councillian Nialbon, seconded by Councilman Ferrell, and by recorded vote @is follows: Ayes: Councilmen Johri A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, I ,Iarland L. Isdell, D. Murray Mal.bon, and Floyd E. Waterfield, "r. ,Nays: None Absent: Councilmeii Robert H. Callis, Jt-., and J. Curtis Payne City Council noted its intention to hold a closed meeting February 11, 1974, for the purpose of discussing items permitted for discussion under Section 2.1-344, subparagraph I and 6 of the Freedom o@ Information Act of the Commonwealth of Virginia. ITEM #6765 On motion by Councilman Gardner, seconded by Councilman Isdell, 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, Garland L. Isdell, D. Murray Malbon, and Floyd E. Waterfield, Jr. Navs: None Absent: Councilmen Robert H. Callis,, Jr.,,,-And J, Curtis Payne City Council voted to adjourn into Executive Session. 6 7 6 City Coulicil i,etliriie(l to the Coujicif Cliaiiii)ei,s. Tlie following Coulicilincii were preselit: Jolin A. Baujii, Mayor Roboi-t B. Croiit@vell, Ji-., Vice Nlayor F. Rei(t f'rvin, George R. Ferrell, Cliarle.,i W. Gardiiei,, C:IIrcnce A. iloll@iiid, Garland L. Isdoll, D. Murray Malboji, and Flo),cl l@. '@Vatei,fiold, Jr. The following Courici.Inien were abseiit: Councilmen Robert Ii. Callis, Jr., aiid J. Ctirtis Payne On motioji by Councilniaii l@errell, seconded I)y Councilinan Gardner, and by acclaniation, City Coujicil acljc)tiriied it 4:55 p.m. cliai Ity City of Virginia Beach, Virginia February 4, 1974