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HomeMy WebLinkAboutJANUARY 10, 1972 MINUTES OF TIIE HONORABLE CTTY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA January 10, 1972 he regular meeting of the City Council of the City of Virginia Beach, Virginia as held in the Council Chambers of the Administration Building, in the Borough of Princess Anne, on Monday, January 10, 1972, at 10:00 a.m. The invocation was given by Reverend Ward Donat, Thalia Methodist Church, Virginia Beach. Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Nlayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Councilmen absent: None ITEM #4094 On motion by Councilman Dusch, seconded by (,ouncilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferreil, Cl@irence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl @NI. Tebault, Floyd E. Waterfield, .Tr., and Mayor Donald H. Rhodes. ays: None Absent: None City Council approved the Minutes of the Re,,ular Meeting of January 3, 1972, and tlie readiiig of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before hil',I. ITEM #409S On motion by Vice Mayor Tebault, seconded bv Couiicilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert fl. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A. Duscli, F. Reid Ervin, George R. 1-@errell, Cl@irence A. liolland, D. Murray Malbon, J. Curtis Payne, Vicc, Mayor Earl @l. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald 11. Rhodes. Nays: None Absent: None ity Council approved on second reading ,in @idditionil appropriation of $837.00, ecessary to cover the coEipoii.,;ation of tlie lioiaor@ible Frederick P. Aucamr), who ill assume his cluties Lis a full time Jti(i,,e of- tlie Ju enile and Domostic v ind Relations Court on J@inu,,ir, 1, 1,97,.1; ,flir@her approved of an idditioiial appropriation in tlie @iniolirit of $1,500 to cc)@,er tlie increase in tlie I)cr them allowaiicc for sut)stitute jlidges f-roiii $SO.OO I)er (lay to $7S.00 per dav. I ITEM #4096 On motion by Councilman Callis, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Nlalbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor bonald H. Rhodes. Nays: None @bsent: None City Council corrected Item #3S32 of the Council Nlinutes of July 26, 1971 by insertion of the following Ordinance, which deletes the reference to closing a_portion of 28th Street: AN ORDINANCE CLOSITIG, VACATING, AND DISCONTINUING PORTIONS OF McKINLEY AVENUE, TAFT AVENUE, IIAYES AVENUE, AND ARTHUR AVENUE, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that The Connor & Foy Construction Corporation would make application to the Council of the City of Virginia Beach, Virginia, on July 26, 1971, to have the hereinafter described portions of McKINLEY AVENUE,, TAFT AVENUE, HAYES AVENUE, and ARTHUR AVENUE vacated and discontinued as public streets, was duly posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, and at tiqo other public places on the 14th day of June, 1971, and WHEREAS, said application was made to the Council and pursuant to the statutes in such cases made and provided, the Council on June 28, 1971, which was ten days after said posting of the notice appointed Charles Carrington, W. W.Fleming, Jr. and George Hanbury as viewers to view said portions of McKinley Avenue, Taft Avenue, Hayes Avenue, and Arthur Avenue sought to be closed, vacated and discontinued and to report in writing whether, in their opinion, any, and if any, what inconvenience would result from discontinuing the same, and said viewers have made such report to the Council by their letter dated July 22, 1971, and WHEREAS, the land proprietors affected thereby, along said portions of McKinley Avenue, Taft Avenue, Hayes Avenue, and Arthur Avenue proposed to be closed, vacated and discontinued, have been duly notified, and WHEREAS, the City Planning Commission has recommended by letter dated July 22, 1971, that said portions of McKinley Avenue, Taft Avenue, Hayes Avenue, and Arthur Avenue be closed, vacated and discontinued, and WIIEREAS, it is the jl.,dgment of the Council that said portions of McKinley Avenue, Taft Avenue, ilayes Avenue, and Arthur Avenue should be closed, vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Virginia Beach, Virginia: Section 1: That those portions of McKinley Avenue, Taft Avenue, Hayes Avenue, and Arthur Avenue, in the Borough of Princess Anne, in the City of Virginia Beach, Virginia, as hereinafter described are hereby closed, vacated and discontinued as streets of the City of Virginia Beach, Virginia, said portions of McKinley Avenue, Taft Avenue, Hayes Avenue, and Arthur Avenue not being needed for public use and travel: PARCEL ONE: McK]NLEY AVE@IUE Beginning at a point on the eastern line of Roo5evelt Avenue where the southern line of McKi n]ey Avenue in te rsects sa id Roosevelt Avenue as shown on that certain plat entitled "Plat of Pecan Gardens" as recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in tiap Book 7, at page 70.'@ Thence along the eastern ]ire of McKinley Avenue t4 25"42'02" E 667-99 feet to a pin; thence N 73c'03'45" W 50-59 feet to a point; thence in a southerly direction along the western line of McKinley Avenue 503.61 feet to its intersection vjith the eastern line of RooseveIt A%,en ue ; thence S 08000'00" W 164. 45 feet to the point of beginning. PARCEL TWO: McKINLEY AVE!IUE- Beginning at a pin on the northern line of 28th Street where the eastern line of ticki nicy Avenue in tersects @qi th 28th Street as sho%qn on the above plat; thence along the eastern line of McKinley Avenue N 18033'00" E 100 feet to a pin; thence in a wes terly di rection a long a line perpendi cul ar to the eas tern line of tIcKinley AvenL:o 50 feet to the western line of t4cKi nl ey Avenue; thence in a sout@erly direction along thc v@estern line of McKinley Avenue 100.41 feet to its interscction vii th the northern line of 28th Strect; thence along the northern line of 28th Street S 73003'45" E 50.02 feet to the point of beginning. PARCEL THREE: TAFT AVE@@UE Beginning at a point along the western I ine of Taft Avenue where i t intersects wi th the northern I ine of 28th Street; thence in a northerly di rect ion along the @iestern I ine of Taft Avcnue 188.03 feet to a point ; thence N 23"20'38" E 18h.72 feet to a point; thence in a southcrly direction along the eastern I iric of Taft /\vctiic 365-85 feet to its interscction with tlie northcrn line of 2Eth Strect; t[@nce in a westerly di rection ilorig tho nortlicrr I ine of 28th Street 50 feet to the point of beginning. PARCEL FOUR: HAYES AVENUE Beginning at a point along the western line of Hayes Avenue at its intersection with the northern line of 28th Street; thence in a northerly direction along the western line of Hayes Avenue 433-11 feet to a point; thence S 39030'21" E 41.47 feet to a pin; thence S 64007'07" E 20.63 feet to a point; thence in a southerly direction along the eastern line of Hayes Avenue 398-44 feet to its intersection with the northern line of 28th Street; thence in a westerly direction along the northern line of 28th Street 50 feet to the point of beginning. PARCEL FIVE: ART[IUR AVENUE Beginning at a point on the western line of Arthur Avenue 132-78 feet north of its intersection with 28th Street; thence from said point of beginning in a northerly direction along the western line of Arthur Avenue 191.49 feet to a point; thence S 64007'07" E 52.65 feet to a point; thence in a southerly direction along the eastern line of Artliur Avenue 175-01 fect to a point; thence in a westerly direction and perpendicular to the eastcin line of Arthur Avenue 50 feet to the point of beginning. Section 2: That this ordinanc(@ shall be in effect from and after hirty (30) days from the date of its inception. ITEM #4097 Mr. OweTf Pickett, Attorney, appeared on behalf of Mr. James Harris and Mr. 11. C. Perrel requesting that tlie requirement5 of the subdivision ordinance pertaining to curbs, gutters and sidewalks be waived in a part of Euclid Place (that portion triangular in shape bounded bv the Norfolk and Southern Railroad, liolland Road, and tvitchduck Road) is the property is zoned industrial, the businesses in the area are distributive and small manufactures that are not retail and do not lend theinsel%-es to pedestrian traffic and there is very little through traffic.as the niajor roads around the perimeter of the subject area--liollaiid Road and @@itclictuck Road--are the most utilized. Mr. Picketi l@resented a petition SiLned b@@ ti)e property owners in the area; a copy of which is on file in the O@fice of the City Clerk. Mr. H. E. Perrel appearcd before City COLinc,.l in support of Mr. Pickett's request. Mr. Charles Carrington, I)irector of City lllzinning, indicated that reviewing the request as an individual site plan, and not from subdivision requirements, sidewalks will be needed oii IVitchduck l@oacl @ind Holland Road is ttieso streets re through streets aiid carrv a consideril)lc, ainouiit of vchicular and pedestrian raffic; hoi@ever, sidewalks will not be iiceJc6 oii tlie remaining stroets in lie subject portion of Fuclid plzice dtic tc tlie t@,pe of small btisiness and sliops in tlie area. Mr. W. W. Fleming, Director of Community Services, indicated that his depart- niont has donc considerable cii,,iricering w rk in the subjoct area and prograiiimecl thi s clirti@ Illcl plitiers and necessai,y clrain@ige ye@ir for the iniplemeiit@itioli of in the areas wliere escrow iiioiiies tre @ivailable I-or sucli lte ,ited IZo@id @iiid Clevela d ftirther st, th@it LiLio to tlie @iiiiotint of tr@iffic oii Ifoll@ind n Street beiiio designated as a i,it@ll trLiFf@Lc irtery iri tlie futlirc, as well as other problems sticli as pai,k-iii@,, in tlie strcots, encroichmolit oii public riglit of way and (train@ige, ttic ol- c@ii-b iiid gtttter ai,e necesslr\l if tlic area is going to (leveloli iiito the tvl)c of indtistriil. plirk tlie citv waiits- Mr. Roger Gray, a property owner on Cleveland Street, appeared before City Council in support of Mr. Pickett's request@ for a waiver. Mr. Palle Bistrup appeared before City Council in support of Nlr. Pickett's request for a waiver. Mr. M. R. Welsh appeared before City Council in support of Mr. Pickett's request for a waiver. Mr. SaTn Houston, Sr. appeared in opposition to the request of Mr. Pickett that the requirements of the subdivision oi-dinance pertaining to curbs, @utters, and sidewalks be waived in a part of Euclid Place. On motion by Councilman Cromwell, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen Robert 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice @Nlayor Earl M. Tebault, Floyd E. Waterfield, J Jr., and Mayor Donald H. l@odes. Nays: None Absent: None City Council deferred for two (2) weeks consideration of the request that the requirements of the subdivisioii ordinarice pertaining to curbs, gutters, and sidewalks be waived in a part of Euclici I'lace to allow the property owners in the subject area to meet and discuss their problems with Mr. W. W. Fleming, Director of Community Sorvices. ITEM #4098 ']ity Council requested the City Attorney to investigate the situation of the lischarging of firearms in the City and the possibility of designating certain ireas as bird sancutaries. Mr. Bimson indicated that he would talk with the Game Warden and set up a meeting with the Police Department regarding this matter and report back to Council in two weeks. ITEM #4099 Application of the American Oil Company for a Use Permit to construct a gasoline supply station on certain pro.oerty located on the @@or r@,,,iest corner of Bonney Road and Independence Boulevard running a distance of 279.32 feet along the @lorth side of Bonney Road, running a distance of 161.02 feet alona the West side of Independence Boulevard, and running a dis- tance of 322.41 feet along t@e Northern property line. Said property is triangular in shape. (Pocahontas Village Area). KET@IPSVILLE BOROUGH. The Planning Commission recommends approval of this application. Approval was con- tingent upon a report fron the State Toll Road Authority that this parcel would not be necessary for the proposed cloverleaf interchange at this intersection. This report is due in November. On inotion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert fl. Callis, Jr., Robert B. Cromwell, Jr., FranR A. @usch, l@. Reid Ervin, Goorg R. Ferrell, Clarence A. floliand, D. Murray talbon, J. Curtis Payne, Vice Mayor l@arl M. Tebault, 1-@loyd E. IVaterfield, Tr., aiid Mayor Donald 11. Ilhodes. Nays: Noiie Absent: None City Cotiiicil deferred for sixty (60) diys tlio above al)plication of American Oil Coippqny for a Use Pei-jriit to consti-Lict ,i isoliiie ,;Ljppl), station oii cel-- tain property locaCe@on--F@e Nortlii@est corncr of IlonncN, IZo@id Iiid Ijidel)elidence BoLilev@ird, Pociliontas Vill@ige Ai-czi, Keiiii)svillc Boi-ou(,,Ii t)cjicling a pliblic heai@ing to be lield I)y tlic St@ltc, @l@oll i@o@i(.1 ;\Iitjiol,itv iiiciic@iting wliotlier or not tiiis pirccl will be I-or tlie I)t,c)j@,osecl clovorl(',Lif intercliange at tllis into]--,;Octioli. ITEM #4100 Application Of tile City of Vir@,inia Ppach Industrial Develorr,.ent Authority for a p(, for a sewane nurivina sta@ion in the firnort Industrial Park on certain ,Se mit property located at the "(.,,,tern cxtr(,tlitv of Thtirston Avenue-, said nroperty being 40 ftot by 40 fect. (Airnort Industrial Parl,, Pr a It I . e ) BAYSILE The @lanning CorTilission rpcomends arnroval of this request. A 30-fo(,t setback will be required according tn zoning rcnulations fcr General Industrial District 3 (@11-3). Mr. James Davis appeared on behalf of the I)epartment of Economic Development. On motion by Councilman Holland, seconded I)y Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen Robert Ii. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, C"arence A. liolland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd L-. Waterfield, Jr., and Mayor Donald fl. Rhodes. Nays: None Absent: None City Council approved the above application of the City of Virginia Beach Industrial Development Authority for a Use Permit for a seivage pumping station in the Airport Industrial Park on certain property located at the Western extremity of Thurston Avenue; said property being 40 feet by 40 feet, (Airport Industrial Park Area) Bayside Borough, subject to a 30-foot setback i.ii accordance to zoning regulatioiis for Geiieral IndListrial District 3 (MI-3). IT@M #4101 Applic,ition of Selr.,.a Propert4os, Inc., aii,i Flan ?'otor Car '(,P,i)any, Itic., for a Chapce o- 7r, nq fl,rl,l @'Ultit,],, Fe@ JIV Sid ence ris@rict to r,ener,il r@cna a l@@r P,@r@, it 'o operate a nev., car sal(,s an(! service cn c(,rtain r)rcr.,irty beoif)niri,i at i'noint 31(,.[ f(,.et F-ist of Clearfield @,.v(..nue, runnitiq a c!istarce of cler feet alono t@c Fastcrn proner"y linc, runtiirn a distance c)f @;?3 @eet alono tf,,(, Sc.)L,-titern prorerty line and rt;nning a distance o@ 674.73 feet along the ;@lestcrn property lire. (Clc-,,irfield Irea). BI\YSIP,F POROt;r;H. The Pliinitin Coriiissicii recerii(,ncis a,)r)roval cf t@lis IT),r)licitio.,l su@,ject to City water aiid setqer oiilv reqtiested fiv tlie Irt)-irtriotit, an@l a (!Lc!ici+lion of 80 fect fron-, the c(-,titer Iii-ic of tli(, c-xisti!iq r)f v.,ay alori(i tnf-' ?444-foot, frortaqe on ',Iirqir,,ia I'eacl) @4@tjlc.v@rr; @le(iic,)ticn) rcques-@(@rl hy t@t, Peil Fsta-@e Division. Fi@E, rlr@ti(,n inclii.;@,c@ @ t!io rccuest t;,at 4rf,(,!, on prop(,r@y Ii,? retilinol'i !)(,,si@ lf@ ,Ion(i @lirqini-, @@@@ach @@r,,ulc)v,?,rfi arr, r(,ouir@,l CG-C, 4'-O" si(;c@iialk ail(! icilities fc)r t@(, pr(;T)ns@(i sitp. Mr. John N. Parker appeared on behalf of the applicant. On motion by Councilman Cromwell, seconded by Councilman Holland, and by Tecorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice @layor Earl Nt. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None .bsent: None City Council approved the above application of Selma Properties, Inc., and Checkered Flag Motor Car Company, Inc., for a ChanRe of Zoni from Multiple Family Residence District (R-,M) to General Com 2 (C-G 2) and a Use Permit to operate a new car sales and service on certain property begin-ning at a point 316.6 feet East of Clearfield Avenue, (Clearfield Area) Bayside Borough; subject to City water and sewer only requested by the Health Department, and a dedication of 80 feet from the center line of the existing 120-foot right of way along the 444-foot frontage on Virginia Beach Boulevard (20-foot dedication) requested by the Real Estate Division. Approval is further subject to retaining trees on the property whore possible and improve- ments along Virginia Beach Boulevtrd to inclutle standard street widening, installation of CG-6, 4'-O" sidewalk and adequate drainage facilities for the proposed site. ITENI #4102 Applic,ition of Pel-lbroke @leadovis Ass(,ciates for a Char@ne (,.f 7(,,nir,.a fror, Liniteci Coi,-nercial Pistrict 2 (C-L .-@, to r%,-@npral 2) oii certain property locatt,(l at the :!ortheast ccrner of Pr@;@J)roke F,(.ulc@vard Exteneed and I-litchdL,ck l'oad, runriinq a distarcc, of li@O fe,@t @,ore or I(,ss alona the Fpst side. of t!i@c@i@it1cp rij,-iniilri a of @1,7 fpet ror(, (,r 1(-,ss the "orth side of Peoibroke [-;otjlcvard ru,)nino i eistarc(, of 200 fe(@t morl, (,,r less aloiig Ilhe 1-@'istprri @ror)crtv lirie ard runniti(i a eistance of -,25 fcc-t r,,,ore Dr 1(.,Ss alon(,i the !!crt@ern prc,,)(,rty lire. (Pc.,mbrope "('.Zldov.,s @@rE'a). 5,1@ysipr 9"Roulli. Ttie Plennina Cor,@,nissior. r(,cor3,.c,-(!s ,n!,rf,,vil of thi,.; requ@,t tl,.e art)licant i,i-ot Aiit!l various of Cit,', to fic?,Lcrriiiie t@(, final -il i,.; fijrtlier s@ih4oct t Citv viater alic!fi;ient of Pet-,hrc@,.e o and sev;er rc-nuestc,(.1 t@v ti@.2 Healtf,. (i@(!icetion of a 3,,).-fc,('t ri,il,,t of ilonn t!)e fron@tir7(, r@!, tCl:(@,._.Cl, @y Pcil a;! i, r( Fs+ate Division. Fi,ein(:@rii,,r! r'livisicn iri-rovpcnlls aloll(,@ @litclie@ick Road. .1 Mr. Charles Carrington, I)irector of City I)Ianning, indicated tllat he had received a letter from tlie applicant reqliestin@. a tliirty (30) day deferral. On motion by Councilman Ifolland, seconded blv Cotincilman Dusch, and by recorded vote as follows: Ayes: Councilmen Robert 11. Calli.s, Jr., Ro@)ert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. 1-@errell, Cl,,irence A. liolland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl %l. Tebault, and Floyd E. Waterfield, Jr. Nays: None ,bsent: None Abstai.n: @layor Donald 11. Rhodes. City Council deferred for tliirty (30) davs tho above ,ipplication of Pembroke @leadows Associates for a Ch@iii,@c ol- Zonjilt,, fi-oin Lijiiit--d (@,ontmerci@il I)istrict 2 (C-1, 2) to General Coiiiinerci@l I)i.,;ti,ict 2 ((: G 2) on certain prol)ertv located at the Northe@ist coriier of lleiiil)roke BOLI lcv@ti-d Fxtendoct and tvitcliduck (I)embroko Me@idows Arc,,a) , Biyside Borottgfi. ITEM #4103 Application of Vir(iini;.i r,,itevtay, itic. , @,y Tho!nas C. Broyles. Attornry, fnr a I e sut ha I Clian of 'cning froi. @psidenc ur n @istrict 4 (P-S 4) to @@ultiple Farily P,es i d-@,@, -F, @ -f S-fr-l c t and a i'!.ee Pnrl;lit to constrtict 140 ar)ar'tpient units on certain Pronerty locat('(! at tvie-;@.cri-e@a f corner of roodr,-an Pr)ad and ';Pwtot,,n Road, running a dis*ancp of 455.@,5 fect alcno the East side of @!cwtovn Poad, runnino a distance of E47.OR feet alor.1.1 tf@p !'(,,rthern. t)ro,,frty lifle, runninn a distance of 251.93 fect alo@ia the Eas,-' 0 C of ,ern nro,-,erty Iii,e and runnine a dist nc 1036.57 feet alonq tlie K!orth siee Of n re,.d. @aid prorerty -contains E.rl acres. (Newsome Fam. Area). EPYSI@GE The Planninci Cor,.missi(,n recor,-,mends anproval of this reouest subject to a reduction fropi t@,@ 1,1,r) aparti-.etit uniis to 1") a,-artri@n@, tjt)its Iccause of traffic conn,L,stion on ilev.,tot,ip, Pcad ind ir. order for ti@(,, c!@nsity to @-e ccrinitible to neighborinn multi-faililv nronorties. is su',,Iect to City %.,,atcr and Sewer reciuested by 'L@IL,, i:. itil Itat@ @lvision reouests a @ -a dedicp'@ior, of ri(i@it of ,..3y 4.9 0 3t@--p ot c.-L frn@, t@le centcr litie f t, - Pxlstin .0 f .0 riqht of alc,,in tlo @ t r,.ore rr Ic,ss frcrtaflo o- @'c.;,,to,,-In Pcad (2@l-foot cfe@@icatirn), arj a dedicitior, rf of v,av ?'f "r feet fr(,Fl th-e c@nter line of t@.0 cxistirn rinl,t of @,,@l,v @7-fc3ot rcre or IEss frr,,)"acf, oTi Poa@l (1-7-foot I,-@tion fcr anproval inclu(Jed n,,rticip,)-Li,?n i'l SCI,001 Si tL, Icc,--isilicn !,(l sl:ar@dcird site @lar,. ir,r)rov@-ents to iliclu4c- strt-,(,.t @uttcr il,d @torm e-riins a r,.ininium, ra@lius (,f ?5 f@et is rocc:-r@Pilrie(i fc,,r t',@ strr,@t int-2rsc@c@@icn@ a eiitrance %,,,i(4-lh of 30 fE'@t is sta!,,.!,ird IC!-fof)t [,v -9-fcot is requirer'. Tti(, riotion aisc, incltjdcd ari ci@!,@:@ua'LP draitiar7e nlan for t@iis sit@. Mr. Thomas C. Broyles, Attorney, appeared cii behalf of the applicant. On motion by Councilman Cromwell, seconded by Councilinan llolland, and by -ecorded vote as follows: ,yes: Councilmen Robert fi. Callis, Jr., Robert B. Cromwell, Jr., Frank A. i)uscii, F. Reid 1-@rvin, George R. Ferrell, Clarence A. ilolland, D. Murray Malboii, J. Curtis Payne, Vice Mayor Earl Nl. Tebaul.t, Floyd E. Waterfield, Jr., and Mayor Donald ff. Rhodes. Nays: -None Absent: None City Council deferred for a period of thirtv (30) days the above application of Vir,inia Gateway, Inc. for a Clange o@ Z@.n,;ng from Residence Suburban District 4 (R-S 4) to @lultiple F@.Ily IZ@', District (]Z-NI) and a Use Permit to construct 140 apartment uiiits on certain property located at the No tieast corner of Goodnian lzoad ind Newtowii Road, (Neivsome Farin Area), Bayside Borough. ITEM #4104 ,@ppl icati(,,n of Pay t^a,@irinn, Ir)c. , for a of 7rining fror,, Linit@ Ccmmorcial District 2 (C-L I-) to @@@npral (-,cr,,@@rcial-- i-(,*-@ a !-'s(, r operate a service facilitv for sorvic(, of v,4icIcs o@-, c(,rtain iro- perty locatc(@ at thc, corii@r of in,! Pr!)lar Street, rLif1pino ;tatice of 93 f(,-et Lilo@,ri t;,, si(@@ @)f run,-).inn a dist,?rce C)f fec-t alollg tilc@ F@St Sir,,, rtirt,@i@ic, i r;ist,,f,.co of 1(,7.1,,,@ L, f T) I P. r 4 @ect alonq tlie Sotit@@crii -r,,,rerty lit,- oi!(' rurtning a @iistance of 3,1@.44 feet along the F,@,,tern pro!,,ortv line. ('os(,t.@ont ,@rt,a Tf@(-, Plirninn Cori,liisior, r@cor,;,@ii(is @rrrf-,, ' ,@l o@ t@@is Ci-,v and sci@er ciily 'V ti,@ t.[, r,nt ,r,! ri@ ii,:,rticii cf ri(il-@t cf v,,iv 3,') froii ti-.e cc-@t,t,@r, lin(, ()f t[,,- (,f %.,av ti,e 03-foot (,r It@s on !@(,riroy !@v F@oal T. Mr. Andrew Fine appeared on behalf of the applicant. Mr. Ed Kaiser, President of Bay Camping, Inc. appeared before City Council. Mr. Keene, owner of the subject property, appeared before City Council. On motion by Councilman Cromwell, seconded by Councilman Malbon, and by recorded vote as follows: ,yes: Councilmen Robert 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A. )usch, F. Reid Ervin, George R. Ferrell, Clarence A. @folland, D. Murray ,4albon, J. Curtis Payne, Vice Nlayor Earl NI. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None City Council approved the above application of Bay Camping, Inc. for a Change of Zoning from Limited Commercial District 2 (C-L 2) to General Commercial District 3 (C-G 3) and a Use Permit to opea-ate a service facility for service of recreational vehicles on certain property located at the Southeast corner of Bonney Road and Poplar Street, (Rosemont Area) Lynnhaven Borough; subject to City sewer and City water when availablc, as requested by the Health Department and a dedication of right of wa), 30 feet from the center line of the existing SO-foot right of way along the 93-foot more or less ftontage on Bonney Road (5-foot dedication) as requested by the Real Estate I)ivision. Approval is further subject to standard site plan improvements and standard street improvements on Bonnev Road (Council waived the requirement of standard street improvements oji Poplar Street with tlie stipulation that the applicant provide a signature bond for participatioii in said improvements if and when the City so requires them). ITENI #410S (a) P,@7lication of She@l"y P,ll,,t@l(, fy T@,o!,-.is C. 'Itorney, f(,.r ?i of 7 1 ,r,rlill(l fror.@l Stiturt,F,@T) -istric@, 3 3) to '@tiltiT)le Farily f)istrict a I!se Pormit to coristrtict 2C. a,@ar@mrrt unit!; on (,,-rlaiti nror(,rty lo- ccrner of 1,@th @trc(,t ind @l(-)nroe 'vr!nu(,.. c-,itecl at tht, S)i 11.1 I I P,i@cel 1: Ci,anne of 7(,,niiiq frorn. ".-S 3 to L@eqinrlinn at a r.,oint 22p, f('.(-'.t Scuth of l@@,th C-ir,-@t an(' a di,,tance o-F FO f(,el- aloric the 1:@-st sie,c,. of f@onroe illve@itic,., riii)nit-,@l, a dis@loi,cf-, ol- f(,-t e@lono thf) @c(it'-Icrr, Vro,(,rty lino., rLit)i,i@il l di'l@-,ce of @) f@et t@,,- r-o@-f-rty lil-c of t,!Iiir!i feet is thc,. F,,st of ),-,ff,@r,lon [,,v(,nuc. an(t rLr,.iiin(,, a distance of 2i@O feE,+, -ilonq tlie @'rrtl,ern pr(,p(,,ri-y lire. Parccl 2: t;se Pcr It to constrticll- 2C) a,-@irt!)@rzt tir,.its: oti certain ,)ropertv lo- cate(! at the corr@r of 19th Stroci, anJ '!or,.rof.,. @vtnue., rtli1rl,l@q -i distarcc, cl@ 27(, f@ort -alcr,.g t@!e @'(2@t si,,@ of @@nrrc(, 'venu,2, runni!)rl a distal,ce of 197 ft-et aloi,,(,, tli,e Pron-?rty li!i(, of 1-0 fc(,.t is t@.e South. siee of 19th -,+reet Fxten,ie:A, ruiir,,iii@, a (iist(irc(@ rf -7@ f@f@t alonq the @tc,,+Iern r)ro- perty liii@, of f@t if" '!ic, F"t ef @,.v(,riu(,, rtin@ina a (iis- tance of ?nq fect alO,,,(,, @(@utilf.,r!l Tlie Pla!ii@ii,.n Corriissirt-@ a-,nrtv@l c,!- r@nt,ifst sutllrct ti,, -ity @@ittr -ind, s@ @,f t,io!tt of %.!,tv -.,(,r reouc-@tl(l ,v @!@c !lrll th, f-,n, 1- 25 fr-,(,t frni, +,4ir-, 1 in@ (,,f i@ f rl t!i@, 17r,,-foot ,(,re or lc@ss (!f r i,7!,@ t c f vi,iv 7-@ f(,(-,t T@rcri t:,(. c,!,,'-r cf "IF). foot t@oi,c, (,r ()il inff,,rsoi@ of rio.@,t o"' -fcr,,, riri' t ,f @!,!y aloi(, t@r or ],-@s Strrct iic ;Ill-l S'Lrr(-,t <,i@(I t:v 1.11(, .:)iA! ril-iiii, iii;,ii iri fc@r The r@nticii for irl,,)rov,-Ii @.I,;o 1 4 ir, sil, icoui,itio@n. MT. Tliomas C. Broyles, Attorney, appeared oii behalf of the applicant. On motion by Councilman Nlalbon, seconded by Councilmaii Ervin, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., Clarence A. Holland, D. @lurray Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and @layor Donald H. Rhodes. Nays: Councilmen Robert Ii. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell and J. Curtis Payne. bsent: None ity Council approved the above application of Shelby Pallette for a Change of Zoning from Residence Suburban District 3 (R-S 3) to Nlultiple Family District (R-M) and a Use I)erniit to construct 26 apartment units on certain property located at the Southwest corner of 19th Stre,t Extended and Monroe Avenue; subject to City water and sewer as requested by the Health Department and a dedication of right of way 25 feet from the center line of the existing 40-foot right of way along the SO-foot more or less frontage on Monroe Avenue (S-foot dedication), a dedication of right of %@av 25 feet from the Center line of the existing 40-foot right of wav along the 2@-foot more or less frontage on Jefferson Avenue (5-foot dedication), and a dedication of right of way 2S feet from the center line of the existin@ 30-foot right of way along the 120- foot more or less frontage on 19th Street (f@xtejided) (10-foot dedication). Approval is further subject to street improvements on 19th Street and @lonroe Avenue as requested bv the Engineeriiig Divi@ioii as well as two entrances to the property with 30-foot openiiigs and 20-f@:)ot radius minimum for street intersections. Approval is also subject to participation by the applicant in the school site acquisition forniul@i as reqtlested by the School Board. (LYNNIIAVEN BOROUG[I) ITE@l #4105 (b) a motion by Mayor Rhodes, seconded by Councilinan Waterfield, and by recorded ote as follows: Ayes: Councilmen Robert 11. Callis, Jr. , Rol)ert B. Croinive7ll, Jr. , Frank A. Dusch, F. Reid Ervin, George R. Ferrell, (-,I@irence A. flolland, D. Murray Nialbon, Vice @,layor Earl ki. Tebault, Floyd E. IVaterfield, Jr., and @layor Donald Ii. Rhodes. Nays: None Absent: None Abstain: Councilman J. Curtis Payne. City Council voted to reconsider tlie-above @ipl)lication of SheIbN Pallette for a Change of Zoning from Residence Suburl)an District 3 (R-S 3) to Multiple Family District (R-',I) and a Use Ilei'mit to coiistruct 26 apartment units (Lynnhaven Borough), i@iiich ivas apprc)v(,d in Item 44105 (a). ITEM #410S ;.c) On motion by Councilman Nlall)on, seconded bv Cotincilman Cromwell, and by recorded vote as follows: @es: Councilmen IZobert B. Cromwell, Jr., l@. Reid l@ri@iii, Georgc, R. Ferrell, larence A. flolland, D. Nlurrav Nl,,ilboii, Vice @la@,or Earl @l. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald 11. RI)odes Nays: CoLincilmen Robert 11. Callis, Jr., Fr@iiik A. Dusch, and J. Curtis Payne. Absent: Nonc City Council rescinded tlieii@ i)rci@iotis actiOTI for approval of tlie above apl)licatioii of Slielby I'@illett@ I-or @i (@h@iiiu of --oiiing fro@,11 lzesidence Stiburliaii District 3 (R-S 3) to @itiltil@le, I)isti, -l Iiicl -l ljsc, Pcrniit to cc)nstrtict -16 @il)zirtinent (init@ (l.vi@lill@IV('TI I"Cll'@)IIIIII) a,@ set forth ii) Itei,@l 4105 aiid dol-ei-i@ed tlie ipplic@,.tioll for @l I)C'l,ioki tt,ii-tN, (30) da@ls. ITEM #4106 Application (,f Errla T. @'@ott by Ti@oi-@s C. rrc,,yles, Attorney, for a 'han f 7, nira from Cne Firilly P(@sidence @-,-istrict (P,-J) to 'ultinle i esilei@(, -Sf@i (R-3) on cer'@ain Prop@rty located at the corn(?r -of -eueee and 'lorfolk @v(,.ntie, runninp a dis@ancc,, of 3@,@ fe,,,t alonn t@.,e South si(le of '@orfolk Aveiiue, rutininn a dista?ice of 113( fe,,t alorq t!le F,,stei,n nror,,crtv lir.(, of @,ihich 14-0 fet-t is t@ic? l,'c.,s'L si(@@ of T2t.,@Ice l,@@vcntie, rlin"ino a -Jisti,,r)c(, of 453 fect alona the Southcrii property li@.e ard rii,-itlina a c!istance of 2,(1@ frf,.t alonq t@,-o 1,4cstern properl,y linc (cast side of l@!dian :@.venue). IiiiCh'@s P@rea). BEAICII BCPCUC'fi. T!ie Planiiino Com,,issiGZ, (!Piil of t@is re(lufst 1,; it i.!as f@lt t@at t)iL, area in c@Liesticn is sirc!l@ farjilv in c!;ir,,cl,,i, as ttiorf, iq@s crnsid,(frable opposition P-re-sentecl it t!;e Pti@@lic @,@!e resi(I-nts of tiie ark?a. Mr. Thomas C. Broyles, Attoriiey, appeared on bhelaf of the applicant requesting a withdrawal of the above application. Mr. Wallace Smith appeared on behalf of tile Shadowlawn lieights Civic League in opposition to the request for withdrawil aiid iii opposition to the above application. On motion by Councilman Callis, seconded b@, Councilman Dusch, and by recorded vote as follows: Ayes: Councilmen Robert 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A. )usch, F. Reid Ervin, George R. Ferrell, Clarence A. flolland, D. Murray 4albon, J. Curtis Payne, Vice Mayo-r Eiirl NI. Tebault, Floyd E. Waterfield, ,Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None City Countil denied the abovc application of Erma T. Mott for a h@an of Zoning froin One Family Residence District (R-1) to Multiple Family Residence U-1 t@rict (R-3) on certain property located it tlie Soutli@vest corner of Rudee Avenue and Norfolk Avenuo, (Shadowlawn Area) Virgiiiia Beach Borougli. The application was deiiied as it was felt that the area in question is single family in character and is tliere was consicier@ible opposition presented froin the residents in the area. ITEM 94107 lp,@lication of Frati!@ t:,-'(,.rber(i for 7i r,,r@ ;l @c,, constr@ict t@!n le,@,itinriil z!t)itrl-i@r7it units or,, ccrt,-.-ii t!(, @cul-1) i@1- of 34t@i Str(,et t @,cqiniiil,.n cit i roilit rc-,ct L:,s-@ cif .:rcti(-. riii,,ripq a distarcc- c,,f 75 fc,(It t!le Snuth si(@c, (,f S'@r-rt. a di,ta@ice of 1,1,0 f(,c,+, al(,,n(,, tlie Easterr, proper,ty lit;o,, t,utiiirri E! (!ist,)Prc c)f 7,-, fc(,t llorq tli@, S(,uth4,rn pro- nerty line aiid rLirinifi(,, a dis-L,!rco, of 1"@ f"'t !',lst@,rn lit@c,,p@,rtv Iiiic,. S,ti(! lirop,lrty c(',ritai!is (icrf@s. -11)(, I'l@,nninc,, Comissicn r@,,,u(,st sub,i(,ct t,,) sit(, Citv @l i t::e llrlill@3 -)f,,)artm@nt al(l Mr. Thomas C. Broyles, Attorney, appeared on behalf of the applicant. On motion by Councilman Callis, seconded by Councilman Dusch, and by recorded vote as follows; iyes: Councilmen Robert H. Callis, Jr., Fi@ank A. Dusch, F. Reid Ervin, George I ,. Ferrell, Clarence A. Holland, D. \Iurray Nlalbon, J. Curtis Payne, Vice Mayor Earl Nl. Tebault, Floyd E. Waterfield, Jr., and Nlayor Donald H. Rhodes. Nays: None Absent: None Abstain: Councilman Robert B. Cromwell, Ji. City Council approved the above application of Frank Laderberg for a Use Permit to construct ti,7o additional aparti@-lent units on certain property located on the South side of 34th Street, kirginia Beach Borough; subject to site plan approval, City ivater and sewei as requested by the flealth Department aiid participation in school sitc acquisition. 1TEM #4108 Application of the City of Virairia rraci-, for a ar-,entimeit to thp ',,ir inia Psc,ach and Princess P,,ine Zcninn ('t@Cir@arcf,.s requlations for rtit,.Icor Advertising Struc4,Lires, iiillLoards, Poster P-@rF-,Is, Siii,!)oards, and Sirns v4ith estat)lisflcd zonina districts of t!@ Ci@y of "'ir(linia ,cli, ador)ted )u@ie 7, 11)71, v!ith an ar,eridT,-,er."'on .'une 'l, 1971. S(ii,., ivc,.,-c!mcnt is in r'-sr)rct to tc--@-,)c,,rarv siqns in new corT,,crciil cc@,ntr@rs and n,,%-t itieusl@rizil rarks ircitleel in Srction 73r Lir-iited S@-ctio,,i "istricts- ind @ctic,n 7@)5.4.6, I-Oustrial !;istricts. @Inccific viordi,ln on t,ie nrot)osed ,'tr,endil@e-nt is available in tho of t@,,c of City Plinnipn c,f "@i-s rcL,.uest. Mr. Sam liouston, Sr. appeared in oppositioii to that portion of the above application setting fortli tlie lojigth of tiii,@e (24 i,.ionths) a temporary sign to facilitate occupalic)@ illay remain el,ectecl. On motion by Councilman Ferrell, seconded bv Councilman Waterfield, and by recorded vote as follows: I Ayes: Councilmen Robert 11. Callis, Jr., Rol)ert B. Croinivell, Jr., Frank A. Dusch, F. Reid Ervin, (icorge R. l@errell, Clirence A. flollai)d, D. Murray Malbon, J. Curtis Payne, Vice @lavor Earl @l. Tel)ault, F:Ioyd E. !Vaterfield, Jr., and Mayor Donald Ii. Rhodes. Nays: None Absent: None ity Council approved tllc above -Ipplicatioii of the City of Vi.rginia Beacii or a proposed aniendnient to tlie 1,7iriiiia l@e@icli aiid Ilrincess Anne Zoning urdinances establishin,, regillatiojis for ()titloor Advertisin(l, Structures, Billboards, I)oster Ptiiels, Sigiil)oLirds, an([ @@igns witli established zoniii@ districts of the City of "'irginii Beacli, @iclopteci Juiie 7, 1971, witli @in ameiidi,,iejit on Jtine 21, 1971 .Said aniciidIlICTIt @S in i-espect to teinporar), signs in iici@ coinriiorcial ceiiters Liricl nciv ijidusti-i,,i'parks iiicl@idc,,d in Section 735.@1.4, Lim.i-led Coilijnoi,cial I)i.stricts; Scctioji 73.--,..1 5, Geiiei,al Coifliiiorcial I)istricts; and Sectioii 735.4.6, Iiicliistri@tl I)istricts. AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE 376 THE VIRGINIA BEACH AND PRINCESS ANNE ZONING ORDINANCES ESTABLISHING REGULATIONS FOR OUTDOOR ADVERTISING STRUCTUPES, BILLBOARDS, POSTER PANELS, SIGNBOARDS, AND SIGNS WITHIN ESTABLISHED ZONING DISTRICTS OF THE CITY OF VIRGINIA BEACH, ADOPTED TIJNE 7. 1971, WITH AN AMEND',IIFNT ON JUNE 21,'1971 Add to Section 735.4.4 Limited Commercial Districts (CL-1 to CL-3; B-1) and to Section 735.4.5 ene-ral 0 Ilercia-l- istri@, (CG-1 to CG-3; 8-2) (f) To facilitate occupancy in the ne@i neighborhood, commercial, or regional shopping center, a temporat,y sign may be erected to facilitate OCCU'Dancy. In a neighborfio0d commercial center containing a minimum of 60,000 square feet of land area, one sign niay be erected not to exce@d t@-io faces, neit@ler of tihich shall exceed one hundred (100) sqliare feet of surface area. In a co,,n lunity con,,T-.ercial center containing fifteen (15) acres of land, one sign may b-. erec@@ed not to exceed@t@-,,o faces neither of whic@i shall exce,ld two (200) square feet of surface area. In a regioiial commercial center containing thirty (30) acres of latid, Dne sign niav be erected tio' to exceed t@@;o faces , neither o@ @.iliich shall exceed 41.i ree hun@@@'ed (300) square I-eet of surface area. Sign must be removed @,ili-n 70'@ of tlie pro- perty is OCCU'Died, or lease,,, or after a p,-riod of 24 rfionths whiciiever comes first. Add to Section 735.4.6 Industrial Districts (MI-1 to tll-3; M-1) (f) To facilitate occupancy in ne@.: induslrial parks, a temporary sign may be erected at each D-i,l-@iDal entrance to facilitate occupancy. In an industrial containing a mini,-,iuml of ten (10) acres of land area, oi,'@ sign at ea@h principal entrance may be erected not to exceel t@.,,) @aces neit@ier of @,iliich shall exceed three hund@'ed (300) fec-t 01@ SLir"ace area. In a new riijor indus-urial park containing a minipiui,.i of thirty (30) acres of land area, one siqn at .2ach Drincipal entrance may be erected rio@, to excced t@,,,o fices, neither of @.@hich shall exceed six fitindt,ed (600) squarp feE-,". Signs niis' be removed @,ihen 70i' of the prO'Der'y is OCCLipied, o), '@eased, or after a period of 24 months i,@hichever coines fit-s". Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of January, 1972. ITEM #4109 Application of Charles J. Hayes for a chanae of zoning from Residence Suburban District 3 (R-S 3) to Multiple Family Residence isirii7t R-@@i and a Use Permit to construct 102 townhouses and 116 apartment units totaling 218 units on@ertain property beginning at a point on the llest side of First Colonial Ooad 1040 feet more or less North of Laskin Road running a distance of 806 feet along the Eastern property line of which 420 feet is the @lest side of First Colonial Road, running a distance of 777 feet along the Northern property line, running a distance of 760 feet along the Western property line and running a distance of 976 feet along the Southern prODerty line. Said pro- perty contains 13.5 acres. (Laurel Manor-Hilltop Area). LY@INKAVEN BOROUGH. The Planning Commission recommends approval of this application subject to City water and sewer and a dedication of richt of .,@ay 45 feet from the center line of First Colonial Road (15-foot dedication). The developer further agreed to a 60-foot dedica- tion of tlabel Lane as requested by the DepartR,ent of Community Services. The developer further agreed to alloca'@e 15@', of the develop,-rent for recreational area as requested by the Planning Departinent and the motion @as subject to the participation in the purchase of a school site as requested by the School Board. Mr. Charles J. Hayes appeared before City Council requesting a thirty (30) day deferral of his application. On motion by Councilman Ntalbon, seconded by Councilnian Dusch, and by recorded vote as follows: Ayes: Councilmen Robert Ii. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clirence A. Ifolland, D. Murray Malbon, J. Curtis Payne, Vice Nlayor Earl @l. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald Ii. Rhodes. Nays: None bseiat: None city Council deferred for a period of thirtv (30) days the above application of Cliarles J. Hayes for It l@ia@c of Zoniii@ f-rom Residence Sut)urban District 3 (R-S 3) to Nlultiple l,ainilv Resi@nce District and a tjse Permit to construct 102 townhouses aii@ 116 apartment units totaling 218 units on cer- tain property beginning at a point on the Ivest sicle of First Colonial Road, (Laurel Manor-flilltop Area), Lynj)haven Boroigh. ITEM #4110 on motion by Councilman Ferrell, seconded b," Councilman Duscli, and by recorded vote as follows: Ayes: Councilmen Robcrt 11. Calli,s, Jr., Rol)ert B. Cromwell, Jr., Frank A. Duscii, F. Reid Ervin, Georgo R. Ferrell, Cl;irence A. liolland, D. Murray Malbon, J. Curtis Payne, Vice Nlayor Earl @l. Tobault, l@loyd E. tvaterfield, Jr. , and Mayor Doiiald 11. Rllodes. Na),s None Absent: None itv Council adopted tlie @ollowiji,, Re.,;OlLlti@)ii coinineiidijig l@ir. Flomer W. Lin;iingham and Mr. J. Alvin Ifoll@ind: ,.hT,he rgqAar.meRting,,.f,ihe rl@il. ftghe @ctsv rSSinia Be as I t e C nc ChCan'lEers ?e A mihisoftrvaiti n Building of the City of Virginia Beach on January 10, 1972, at 10:00 a. m. On motion by Mr. Ferrell and seconded by Mr. Dusch the following resolution was unanimously adopted: R E S 0 L U T I 0 N WHEREAS, Mr. Homer W. Cunningham and Mr. J. Alvin Holland have served with honor and distinction on this Planning Commission of the City of Virginia Beach; and WHEREAS, their dedication has provided the City with invaluable service. NOW2 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Colincil desires to express its sincere thanks for their dedication and its admiration for the high standards set by each of them in dealing with tlie planning matters of the City. BE IT FURTHER RESOLVED, that the Clerk of the City be directed to have prepared in suitable style, copies of this resolution for delivery to Mr. Homer W. Cunninghain and Mr. J. Alviii Ifolland. ITEM #4111 On motion by Councilman Ferrell, seconde(I by Councilman Cromwell, and by recorded vote as follows: Ayes: Couiicilmen Robert 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. IZeid Ervin, George R. Ferrell, Cl@irence A. flolland, D. Murray Malbon, J. Curtis Payne, Vice Mayor L@ai'l. '11. Tebault, Flovd E. Waterfield, Jr., and @layor Donald H. Rhodes. Nays: None Absent: None City Council zipproved the folloxving Ordiiiince relitive to closing a portion of Ilennsylvania Avenue in Kenipsville Boroligil: AN ORDINANCE CLOSING, VACATING Al\'D DISCONTINMNG A POR'FION OF PENNSYI,,V,@NIA AVENUE, LOCATED IN KEiAlPSVILLE BOROUGH, CITY OF VIRGINIA BEACH, VIPGINIA WHEREAS, proper notice that K. G. C. CORPORATION, a Virginia corporation, would rnake application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion of Pennsylvania Avenue closed, vacated and discontin,-ted as a street in Kernpsville Borough, City of Virginia Beach, Virginia, wa,,; duly posted; and WHEREAS, all the owners ablitting said portion of Pennsylvania Avenue have requested the said portic)ii to be closed; and WHEREAS, application was made to the City Planning Commission and to the City Council and, pursuant to tlie statutes in such cases made and pro- vided, the Council appointed Viewers wlio have reported to the Council that no inconvenience to the public or to priv,@ite individuals would result from such closing, vacating atid discontintiance; and WHEREAS, it is the judgment c)f the Council that said portion of Pennsylvania -Aventie should be close(,I, v2cated and discontinued; NOW, TTIEREFORE, be it ORDAINED BY TITE COU--\-CIL OF TITE CITY OF VIRGINIA 13EACII, VIRGINI'K: Sectioil 1: That the said p(,rtic)n of Pciiiisylvania Avenue desci,ibeci as follows locat(@d in the Borougli of Kempsville, City of Virginia Beach, Virginia, is herei)y closed, vacated aii(i (liscontiriued as a public thoroughfare of the City of Vii-ginia Beacii, Virgiiii@i, said I)ortion of Peniisylvania Ave.,-- not being needed for ptit)lic iise and t,r;ivel: All that c!ertain portiori of Peii@i,@ylvania Avei)tie beginniilg at a point oii SoLith Boiilevai,(l 162, feel. East of its int,ersectiori with Wes@. ('oloti@.al I'Liri@wiy; N()rlh 8@)(' 43' 55" East a distatic(?, of 50. 01 f(,et to 2 I)o4i t; tlieiice Sotit@i 000161 0,5" East a dist@itice of 124. 58 to @t I'oilli; !:Iieiice along a --@\ortileril riglit of %vay of@ I'Vliiit-,vooci Cotty@l ati ,irc di st@itice of 78. 54 fc-,et, at a radiiis of 50. 00 fe(@t, to ,i @)o@ nt; tl@elicc@ inort@l 0001 6' 0 51, West a of 175 I'(@et L,) ilie f)oijil of I)e,,,iniiiiig, it I)eitig ORDINANCE CL-OSING, VACA'rlNc, AND DISCONTINUING A PORTION OF' PENNSYLVANIA AVENtjE, LOCATET) IN KEMPSVILLE BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA ................................... Page Two all of Pennsylvania Avenue between South Boulevard and Mintwood Cc)urt, all being slio@%@n on the survey entitled "Subdivision of Wiiidsor Woods, Section Eight - Part Two, for l@ineberry Coiistruction Corporation, Kempsville Borough, Virgiiiii Beach, Vir,ginia" made by Frank D. Tarrall, Jr. and Associates, Stit-veyors and Engineers, Virgini,i Beach, Virginia, dated April, 1968, recorded in the Circuit Coiirt of the City of Virgiiiia Beach, Virginia in Map Book 76, at page 12, to @vhich refer-ence is made for a rnore particular and accut,at(, descril@tion. Section 2: That Thirty (30) days after this date a copy of this Ordinance, Cer@t*lfied by the Cierk, I)e spread upon the public records in the Clerk's Office of the Ci.rcuit Court of lliis City and itidexed in like manner as a deed of lands. ITEM #4112 .,)n motion by Councilmall Cromwell, seconded by Councilman Dusch, and by recorded vote as follows: Ayes: Councilmen Robert Ii. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. tiolland, D. Murray Nlalbon, J. Ctirtis Payne, Vice @layor Earl 11. Tebziult, Floyd E. Waterfield, Jr., and NIayor Donal@ 11. Rhodes. Nays: None Absent: None City Council approved tlie following Ordinance appointing viewers relative to closing a portion of Soiitli Lynnh@tA:en Road iii Lyiinliaveii Borougli: IN THE MATTER OF: VACATING, CLOSING A.ND DISCONTINUING A PORTION OF SOUI'H LY@NNIIAVE.14 ROAD v4D PROVIDENCE ROAD LOCATED IN TIIE CITY OF VIRGI'4IA BEACII, VIRGI,41A ORDINANCE APPOINTING VIEWERS WHEREAS, Green Run Corp. of Virginia Beach, a Virginia corpora- tion, Financial Land Corporation, an Ofiio corporation, and The @@lost Reverend John J. Russell, Bistiop of the Roman Catholic Diocese of Riclimond, Virginia, liave given due and proper notice, in accordance with tile provisions of Section 15.1-364 of tlie Code of Virginia, 1950, as amended, that they would on this day apply to tlie City Council of tlie City of Virginia Beach, Virginia, for the appointment of vie,4ers to view the hereinafter described property and to report in writing to the Council whether, in the opinion of the viewers aiiy, and if so wliat, incc)nvenience would result from dis- continuing the same, and if tlie said vi(!wers report tliat no inconvenience would result therefrom, your petitioners pray ttiat this lionorable Council will adopt aii ordinance directing the vication of the following described portion of South Lyniihaven Road and Providence Road, to-wit: ALL TIIAT certain portion of Soutti Lyiinli@iven Road and Providence lo,,id ]-ocated in tlie City of Virginia Beach, Virginia, as shown on that certain plat erititled "GREE',i RU-@ P.U.D. STREET Iii:DICA@IC)':S OF SOUT-,I LY',@;IIAVEN ROAD A@@D P@OVIDE' I(,E ROAD," mide !)y 'Ealoot and Associates, Consulting Engitiecrs, Virgiiiia i@acii, Virf,'inia, dated December 17, 1969, and recorded iii tlie Clerk's Office of tlie Circuit Court of tlie Cit@, of Viri,,inia Beach, -@5, and with reference Virginia, in 'lap ]@ook 83, at pa,,@L @ to which I)lat sai,i portions o@ Soutti LynT!tllven Po.,d and Providez,ce are bounJed an(' descril,ed as follows: To establisli a point of be@,innin@ commencin@ at a point in tlie western line of follarid Road referred to as t!iL "I@gi.iiiiiiig of Propert,l i,ine ReLtirii" bet,.,een the western Iiiie of said iloll@i-.id I'citd @in(I tlie s,)utiiern line of Soutli Lytiiiii@iven Roa(i; atid I,-oT, SIL(I point along a curve to tlie left Ilivin@ a (lelta of 119@ 47' 28", a raditis of 30.00 feet, an arc Ii@t@tilce ()f 62.72 feet to a point refery(@@l to Is tlie "7@n,i of Propc@rtv Line Return"; tlieiice a curv,, t.@ tti(,@ I(,.ft liavir,@,, a delta of 11' 46' 25", a ractius of @1?0.47 fect, aii arc distance of 168.60 feet t@) L@ l,olilt@ tlieiice ,;. 14* 52' 42" W. ,i cli-@taiice of 388.1@ fc,et Lo @i poiiit; thence alon@ i ckirve to tti(! r@rlit l@,iviii@, l Ieltl of 60@ 38' ii ri,iius of fcc@t, @ill ;@rc -2- distance of 1648.97 feet to a point; thence along a curve to the left having a delta of 19@ 10' 0011, a radius of 552.87 feet, an arc distance of 184.95 feet to the point of beginning; and from said point of beginning thus established tlience along a curve to the left liaving a delta of 35@ 49' 42", a radius of 552.87 feet, an arc distance of 345.72 feet to a point; thence S. 20' 31' 29" W. a distance of 5.40 feet to a point; thence along a curve to the left having a delta of 90* 00' 00", a radius of 30.00 feet, an arc distance of 47.12 feet to a point; tllence S. 20' 31' 29'@ W. a distance of 90.00 feet to a point; thence N. 69' 28' 31" W. a distance of 150.00 feet to a point; tiience N. 20* 31' 29" E. a distance of 90.00 feet to a point; thence along a curve to the left having a delta of 90* 00' 00", a radius of 30.00 feet, an arc distance of 47.12 feet to a point; thence N. 20* 31' 29" E. a distance of 5.40 feet to a point; thence along a curve to the right having a delta of 9* 03' 13", a radius of 642.87 fect, an arc distance of 101.58 feet to a point; tlience along a curve to the left having a delta of 12@ 41' 03", a radius of 863.51 fcet, an arc distance of 191.16 feet to a point; tlience N. 56* 21' 11" E. a distance of 100.00 fect to tlie point of beginning. NOW, TIIIREFORE@, BE IT ORDAI@71"') BY TliE COUNCIL OF TIIE CITY OF VIRGINIA BEACII, VIRGI',,IIA, that Nlr. C. C. Czirrin@ton, iNIr. W. W. Fleming, Jr. and Mr. Georgo I,. flanbiiry are liereby appointed to view the above- described property and to report in writing to tlie Council on or before Febriiary 14 1 wliether in their ol)inion any, and if so what, inconvenience would result from discontinuing the same. Adopted by the Council of th(,. City of Virginia Beach, Virginia, on January 10 1971. (COUNCILNIAN WATERFIELD LEFT TIIL COUNCIL CIFAMBERS) ITEM #4113 On motion by Councilman Payne, seconded by Councilman Ervin, and by Tecorded vote as follows: kyes: Councilmen Robert 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice @layor Earl M. Tebault, and i\layor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jl-. City Council adopted the following ResolLition relative to the conveyalice of public interest in certain streets of tlie l,evel Green Subdivision: The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Cliambers of the Adminis- tration Building of the City of Virginia Beach on Monday, January 10, 1972, at 10:00 A. M. On motion by Mr. Payne and seconded by Mr. Ervin the following resolution was unaniMOLI@;ly adopted. R E S 0 L U T I 0 N WHEREAS, Level Green Corporation, a Virginia Corporation caused to be recorded a certain plat entitle(i "Level Green Site II Street Dedication," in Map Book 83, at Page .'52, showing a proposed location of Level Green Boulevard and it is ne(,,essary to vocate said plat; and WHEREAS, subsequent thereto a certain plat(s) have been or are to be recorded realigning and dedicating Level Green Boulevard; and WHEREAS, the revised plat(s) agree with the proposed construction drawing for Level Green Boulevard; an(i WHEREAS, Level Green Corporation certifies, as per attached affi- davit, that no lot(s) have been sold ind that the foregoing revisions will not adversely effect any property in the subdivision. NOW, THEREFOI@E BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council hereby authorizes and directs the City Manager and City Clerk to execute a deed which will grant and convey any rights, title and interest the City may have ,Icquired in the proposed Level Green Boulevard as shown on that plnt recorded in @lqp Book 83, at Page 52) and which deec@ dedicatcs to thc, C!-ty tlie Droperty described as shown on a plat recorded in Map Bool@ 38, z@t Pige 6, sqid Maps being recorded in the Clerk'- Offi.ce of the Circui,t Court of the City of Virgini@i Beacii, (COUNCILMAN WAI'ERFIELD RETURNED TO TFIE COUNCIL ClimlBERS) ITEM #4114 On motion by Councilman Dusch, seconded by Vice Mayor Tebault, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. lfolland, D. @-furray Malbon, i Curtis Payne, Vice Nlayor Earl M. Tebault, Floyd F. Waterj-ield, Jr., and Ma'yor Donald H. Rhodes. Nays: Councilman Robert If. Callis, Jr. Absent: None City Council, upon recommeiidation by the City Attorney, agreed the accept the settlement offer by VFPCO as set forth herein: @'c@ @o @j C.@ ITEM #411S Consideration of appointmonts to the School Boai'd was deferred. ITEM #4116 Mr. Peter Legler, Assistant City Attorney, on behalf of the Department of Community Services and @Ir. W. IV. Fleniing, Director of Community Services, appealed to City Council to resciiid the action of tlie Planning Commission in which approval had been given for the recordation of a plat entitled "Plat of Virginia Hawley, Subdivision, PLin@o Borough," in that while the plat did meet the requirements of the subdivision ordinance in effect at the time it had been approved by various co@iiizant departments of the City, it did iiot meet the standards now in effect and could not therefore be , :epted as it does not provide proper acces-,; for sanitation and other city , and is . rvices a continuation of the "flag lot" concept of development. Mr. Charles Carrington, Director of City Planning, appeared in support of the appeal of the Departinent of Community Sei-vices. Mr. Oiren Pickett appeared on behalf of the al)plicant Virginia flawley request- ing Council to uphold the action of tlie Planiiing Comniission, wllich waived the one-year requirenient of recordation of plats in the Office of the Circuit Court Clerk. As the plat had been previouslv approved and the applicant through no intent to circumvent the normal requi@emeiits of the City, exceeded the time limit set on recordation of plats in thc Office of the Circuit Court Clerk, City Council indicated that tlie applicant sliolilcl iiot be reqtiired to conform to the present ordinance in tliat the ordinaiice @ould not be applied retroactively. Therefore, on motion by Councilman l@aterfiel@l, seconcied by Councilman Dusch, and b), recorded vote as folloiis: Ayes: Councilmen Robert 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, George R. Ferrell, Clarence A. Holland, D. @lurray @Ialbon, Vice Mayor Earl i%l. Tebault, Floyd E. l@aterfiold, Jr., and @layor Donald 11. Rhodes. Nays: Councilnien F. Reid Ervin aiid J. Curti@ Payne. sent: None ,,ty Council upheld the action of tlie Planning Coinmission.to waive the one- year requirement of the subdivision ordinance reaarding the recordation of plats in the Office of the Circuit Court (@l(@i,k for the plat of Virginia Hawle), Subdivision. ITENI #4117 On motion by Councilman Dusch, seconded bv C,-)uncilman Cromwell, and by recorded vote as follows: Ayes: Councilmen Robert 14. Cal.lis, Jr., Robert B. Cromwell, Jr., Frank A. Duscii, F. Reid Ervin, George R. Ferrell, Cl.,it-enc(, A. liolland, D. @lurrav Malbon, J. Curtis Payne, \'ice Mayor Earl NI. l@ebatilt, Floyd E. IVaterfieid, Jr., and Nlayor Donald ti. lzhodes. Nays: None Absent: None City Council autliori7ed tlie, Cit), M@inager ii)cl tlie Sheriff to execute an @,reement with tlie City ol- Noyfolk to accel)t oil a space available basis tilt I)risoners at the Golloral Booth Farl',I, ,it -l cost of $6.50 per day, r I)risoiier ITE@l #4118 On motion by Councilman Cromwell, seconded by Councilman flolland, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl NJ. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald Ii. Rhodes. Nays: None Absent: None City Counci.1 approved the following Resolution requesting the City of Norfolk to make a connecti-on and to furnish water through a proposed water system located at Kempsville Plaza South: A RESOLUTIO@@ REQUESTIITG THE CITY OF IIORFOLK TO @ A CO"@;ECTIO'l IVID TO WATE21 TIIROUGli A PROPOSED WATER SYST-@@,, LOCATED AT Kemps,iiiet Plaza South IN TIFE CITY OF VIRGINIA BF-ACH, THER D@C;RIBED BELOW: WIfEREAS, it is proposed by the City of Virginia Beach, V:Lrginia, at the request of -.,r vidc@iice ',z .U@lders, iiic. to extend a proposed water main in accordance with the ex sting contract between the City of Virginia Beach and the City of Norfolk, in in the iisted as follows: Name of Size of Linear No. of Street, Feet Hydranta. Challedon Drive 8" 560 all as described and shown on plan entitled, aza Soutli (dated !1-30-71) PI K@ .. V as prepared by Baidwiri Gre2@, Ezigi-neers, tio Virgiiia TflL-@ Tne 1-i@y of @@oriolk tc @d it hereby ig, reque3tcd to @e a connection of' the propo:,cd water @ins vith tlie present mailis of said City at the slid desi,-,nation, and upon conpletion of the installation of the prodo@cd rini-ns, to supply water to 'consumers residing thereon, it bei-ng ext)recsly understood and agreed that the sun lying of said water by the City of Norfolk shall be upon and ,p subject to the following terms and conditions: 1. That the said water mains shall be installed in accordance with the speci-fications of the said City of Norfolk and to the satisfaction of the Director of Public Works of said City, at no cost to the City of Norfolk. 2. That the water so supplied through said mains to consumers sha.U be at the same rate now, or hereafter, charged by the City of Norfolk to consumers beyond the limits of said City si-milarly situated. 3- That a.11 ordinances of the City of Norfolk and all rules and regulations of the Division of Water Sunply of said City, now or hereafter adopted and put into effect, relatinc to the furni:;hi-ng of water shall apply to the supplying of water through the sttid proposed mains. 4. That the said City of Norfol-k shall !,e under no obligation to furnish more water than its distribution system as now laid, with the pressure carricd, wnl doliver into said mains, and if the said supplying of water shall not be in accordance vith the standard service, the said City of Norfolk shall not be held responsible i-n Fny way. 5. That in supplying water to consurers along the said proposed mains, the City of Norfolk will supply the sane only frori its surplus supply, and that in no event shall there be a-ny obligatio, on the part of said City to supply water to any cons@.ers a-lono, the pro@ored mains at any time when, in the judgement of the Counell of the said City of Norfolk, the said City shall not have sufficient supply fgr use witlii-i its corporate limits, or whenever the supplying of said water shall interfere viih the discharge of the duty of said City to supply water to its own inhabitants. 6. That frorn and after the installation of the water mains and hydrants they shall becore the pror)erty of tlie City of Vir,.@'a Beach. The City of Virginia Peach shall grant to the City of Norfolk the right to use such @ins and hydrants for the supply of water, and further grants to the City of Norfolk ready a-nd reasonable access to thein. 7. That for wq firo hydrant instal-led Pt the request of the City of Virginia Beach, a rental. paynent of One Hundred Dollars ($100.00) a year for each hydrant shau be paid to the City of ';orfolk. ADOPTED BY THE COUNCIL of the City of Virginia Beach, Virginia this day of 19 APPROVED: ATTFSTE: Clerk of the Counci.1 #4119 f Virginia Beach. e,l contract betiqeen the.Ci a@ditional watcy facl@,"- of a propos .n of ce,-tain t week's COuncll @onsideratiOll ,-the dcslg Iefe,,.od until nex pirnie Engineers f @ialcolm I bonct issue was f led und,l the current @l ting- l,rE@l #4120 ce @layor Tebault, and by m waterfielcl, seconded by Vi 0, motion by COU"C" an recordcd vote as follows: B. Cyomiqell, Jr., Frank A. j.r., Robert D. @turfay jimeii Robe@t ii. Callis, , A. HOII@n@' ll'teyfield, Ferrel,l,, ClaTellce Ayes' COunc t-,eorge @ebault, FloYcL t- Duscil@,F3.Reicl Ervin, ce @layor Ea,j "l- b, Curtis payne, NTi Mal ,nd @layc,, Donald li- Rhodcs- Jr., Nays: None Absent: None z,,d H,,th, In. to .(,ve a.,, eat uth Budding Avenue'm Kempsvlil f@,.DO,Or S - to 1. So ove and te iss o" 81 after City Counc d e Tn 216' 4 H imat,d value g a,,e Est one sto-fy Borough,.to Morrls Ne,R Road, Pung renovation $12,SOO ITI@@l #4121 11, and by c)nde,l b,,- ('.Ouncil"n Ferre Coun@ilman Callis, se@ Oii motion by 11 ., Frank A. ,CoTded vote a' fOlloAqs: cromwe i Murray r S. 'j.., pobcrt B @iollana 1) Calli A. i", rt ,. 'r Clarelice aterfield, Councilmen Robe IZ. er Tebault, Floyd Ayes: Reid Ervin, Dusch,F.. Curtis P@yne, vice @layoy @ialbon,l JM,yor DonaLcl 11, i@hode,;. jy., ac, Nay,: None the amount of, Absent: None of O,-,tractOl7S In. - n e sell, rlains, C-On@tyuctlo ,i the lo,4 bid nu 0 cil appTOV@ ,I,,Cment Qf city cUl f t@e re d b-,, CO""('lj $SO3 866-19 or Of w@ich a, p,evilusly aPP-fove I V4122 ,,onde,l lY Coulci]man malb(,,, by .I,all Dusch, on motion by COuncl Fran'K A, vote a5 follolqs: @obert B. CrOmwen D. @jurray A. d, ,be-ft li- C@lli@', 'ir (@l, r nce Holia l@aterficl CouncilTnen R I-.erell, -, C I c Ceor@c i@. b@u t-, Floyd Ay S: rvlll 'VII c or Te u .1; cl, F. Reid E v J. Curtis Pi)l @Ialbon . nald 11- ir - , a@d @layor 110 Nlys: None Nonc ,questing feclel-al flind- to Ab,;cnt: vcd thc folloi@ill@, Re @ItIt, ion 0 ics tjrlit to @ittencl tiic t city (',OUllcil app@o the @rc niciiiber ol- ,ff"i tile cost Of institute on I F]"I ;'r 4 1 -' @ On inotion by Councilman Duscli, seconded b), Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen Robert If. Callis, Jr., l@obert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Forrell, Clarence A. lfolland, D. @furray Malbon, i'Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Ivaterfield, Jr., and Mayor Donald H. Rllodes. Nays: None Absent: None City Council approvea an expenditure of $10,979. for the purchase of certain ictation equipment to be cilarged to Account No. 9010-801-. A grant from he Division of Justice and Crime Preventioji has been approved in the amount f $8,234. In the budget, there is a remaiiiing balance of $2,550. leaving a net appropriation, which has been approvecl by City Council, in the amount of $8,429. ITEM #4124 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert If. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @furray Malbon, J. Curtis Payne, Vice PIayor Earl @t. Tebatilt, Floyd E. lvaterfield, Jr., and Nlayor Donald H. Rhodes. Nays: None Absent: None City Council authori-zed the City Mana@er to execlite the required deed for the conveyance to the State Departmeiit of CoiiiiiiLinity Colleges title to 115.035 :res of land located within tlie Greeii Run F@lrlrl for the site of the future rginia Beach campus of th(, 'I'idewater Comiliuliity (,ollege. The COMMLinity )Ilege's Board indicates tjiat they will reqiiost the General I\ssemblv to appropriate funds to construct the Virginia llcach Campus. ITEM #4125 on motion by Councilman Payne, seconded bv Couicilman l@errell, and by recorded vote as follows: Ayes: Councilmen Robert Ii. Jr., Rol)ert B. Cromivell, Jr., Frank A. Dusch, F. Reid Ervin, George ]Z. Ferrell, Cl@ireiice A. Ilollind, D. @lurray Malbon, J. Curtis Payne, Vice @layor E@irl @l. febatilt, l@Joyd E. Waterfield, Jr., and @layor Donald H. Rhodes. Nays: None Absent: None City Cotincil noted its intontioii to liold a closed mectin@ on Monday -January 17, 1972, for the purpose of discti,;siiig iteins I)eriiiitted for disctission tinder the Freedom of Inforniation Act of thc Coi,,Plolll@e;iltli of Vii-ginia. i,rEm f,4120 on motion by Council.niaii Ferroll, secoiicled by Cotiiicil flayjic, and by unaniniou-1; vote, tlie mootiiig adjourncd. c cty an,or City of Vingiiiia Beacli, Virgiiii@i