HomeMy WebLinkAboutNOVEMBER 22, 1971
MINUTES OF TfiE HONOPABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACii, VIRGINIA
November 22, 1971
The regular meeting of the City Council of the City of Virginia Beach,
Virginia, was held in the Council Chembers of the Administration Building,
in the Borough of Princess Anne, on Moriday, November 22, 1971, at 2:00 p.m.
Invocation was given by Father Michael Creedon, St. Nicholas Catholic
Church, Virginia Beach, Virginia.
Counci-lmen present: Robert 11. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl Nt. Tebault, Floyd E. Waterfield, Jr.,
and Mayor Donald 11. Rhodes.
Councilmen absent: Frank A. Dusch
ITEM #3948
On motion by Councilman Cromwell, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr.,
and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Frank A. Dusch
City Council apptoved, as amended, the Minutes of the Regular Meeting
of.November 15, 1971, and the reading ol- said Minutes dispensed with
inasmuch as each Councilman had a copy of the subject Minutes before him.
ITEM #3949
On motion by Vice Mayor Tebault, seconded by Councilman Ervin, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clareiice A. Holland, D. Nbirray @ialbon,
J. Curtis Payne, Vice i@ayor Earl M. Tebziult, Floycl E. Waterfield, Jr.,
and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Frank A. Dusch
City Council approved on second reading a transfer in the amount of $1,700
from the Reserve for Contingencies to cover the fee of Insurance Buyers
Council who will provide consulting services in respect to the city's
pending health insurance bids. City Council further authorized the
City Manager to executo an agreement with Insurance Buyers Council.
ITEM #3950
On motion by Councilman Holland, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., F. Reid Ervin, George R.
Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Vice Mayor Earl M. Tebault.
Nays: Councilmen Robert B. Cromwell, Jr., Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Absent: Councilman Frank A. Dusch.
City Council, on second reading, authorized the City Manager to advertise
the bids for the construction of a bulkhead on the beach at 3rd Street and
Oteanfront and to expend in the construction of the proposed bulkhead an
amount not to exceed $52,344.75. The bulkhead is to be constructed in
accordance with the specifications of the Department of Community Services
as previously utilized for the construction of a similar bulkhead at the
site of the Ramada Inn. Approval of the bids on the proposed construction
is subject to the approval of a site plan and building permits for
the proposed motel. While the approval of the contract is an obligation
of the City; funds for the construction will be advanced by the applicant,
CBM Company. Reimbursement is to be made by the City to the applicant,
CBM Company, in an amount not exceeding $52,344.75 including interest,
which is an anticipated appropriation for such construction in the
budget yoar 1971-72.
ITEM #3951
on motion by Councilman Ferrell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Vice Mayor
Ea,rl M. Tebault.
Nays: Councilmen Robert B. Cromwell, Jr., Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Absent: Councilman Frank A. Dusch.
City Council corrected the above motion for approval on second reading
by changing, in the last line, the bu(Iget year from 1971-72 to 1972-73.
The corrected motion reads as follows:
City Council, on second reading, authorized the City Manager to advertise
the bids for the construction of a bulkhead on the beach at 3rd Street and
Oceanfront and to expend in the construction of the proposed bulkhead
an amount not to exceed $S2,344.75. The bulkhead is to be constructed
in accordance with the specifications of the Department of Community Service
as previously utilized for the construction of a similar bulkhead at the
site of the Ramada Inn. Approval of the bids on the proposed construction
is subject to the approval of a site plan and building permits for the
pToposed motel. While the approval of the contract is an obligation
of the City; funds for the construction will be advanced by the applicant
CEM, Company. Reimbursement is to be made by the City to the applicant
CBM Coinpany, in an amount not exceeding $S2,344.7S including interest,
which is an anticipated appropriation fc)r sucli construction in the
budget year 1972-73.
ITEM #3952
on motion by Councilman Payne, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilman Robert H. Callis, Jr., Robert B. Cromwell, Jr@
F. Reid Ervin, George R. Ferrell, Clarence A. Holland. D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Frank @. Dusch
cit Council approved on second reading an appropriation in the amount
of @10,250 to the Golf Course Budget, with an offsetting increase in the
estimate of revenues to be received from the golf course concession.
ITEM #39S3
Mrs. Gwen Wood, representing S.O.N.S. of Virginia Beach appeared before
City Council regarding the school situation and requested City Council
to take a stand against forced school busing and consolidation of the
Virginia Beach School System with any neighboring city's school system.
ITEM #93S4
on motion by'Councilman Ferrell, seconded by Councilman Ervin, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray @ialbon
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Frank A. Dusch
City Council announced their dedision to extend the period for the
signing of sewer contracts for a period of thirty (30) days, so that
the applicants may submit the signed contracts up to and through
December 30, 1971, and thus obtain the advantage of the lower rate for
installation of sewer lines and the lower interest on the remaining
balance. The installation of the sewei, mains is subject, for this
period of time, to the submission of filty-one percent (51%) (a
reduction from the previous requirement of 7S%) of the applicants in
a given area making application for sewage services. It is noted that
even though the contracts are signed, no money will be payable by the
applicants until sixty (60) days after the installation of the sewer
mains wliich will serve their property, at which time one-third (1/3)
of the installation cost will be dlic.
Mr. Arthur J. Winder, Vice President of North Virginia Beach Improvement
League and Mr. Bruce Cliallen expressed their thanks to City Council for the
extension of tho period for the signing of sewer contracts.
ITEM #395S
Mrs. McLaughlin, President of the Virginia Beach Tennis Patyons
Associ,ation, introduced to City Council @ir. John Maragon. Mr. Maragon
requested financial support for the construction of a tennis center
in the Virginia Bcacli Borougli. City Council took the request of the
Virginia Bcach Teiinis Ilzitrons Association under ztdvisement and requested
the City Manager and tlie Coordiiii,or of LJrban Affairs to investigate
this project and to contact the state and federal governments regarding
funding.
ITEM #39S6
City Council indicated to Mrs. Mason, r&presenting residents of Lar'l-
Downs, that after due consideration it was concluded to be in the best
interest of the public to continue with the construction of a roadi,,].@'
linking Churchill Drive to Providence Road.
ITEM #3957
On motion by Councilman Ferrell, seconded by Councilman Waterfield, @zl,(l
by recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,'
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, J,-., and
Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Frank A. Dusch
City Council appointed Mrs. George G. Phillips, Jr. to replace
Reynold D. Hogle, Vice Admiral USN ret. on the Board of Trustees of -1110
Virginia Beach Art Museum.
ITEM #3958
On motion by @ouncilman Ervin, seconded by Councilman Payne, and b),
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
J. Curtis Payne, Vice Mayor Earl M. Teb@iult, Floyd E. Waterfield, and
Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Frank A. Dusch.
City Council appointed Mr. Robert Fodrey to replace Mr. Jay Buffill,Ttol-@
on the Southeastern Tidewater Opportunity Program.
ITEM #39S9
Application of F. Wayne @Leskey for a Chanqe of Zoning frcm Multinle F@lv
Residence District (r-M) with a Motel and Tourist (T-1) ,;Wol@t and Lirdted
Ccmnercial District l(C-L 1) to General C@-rcial District 3 (C-C 3) and a
Use Pendt for gasoline supply station and autcmtive sales and service to include
tires, batteries and autcmtive accessories on certain pro@ located on the
North side of Virginia Beadi Boulevard at the intersection with North Lvmhaven
Road.
Parcel 1: Change of zoning from R-M with a q-1 Suppl@t to C-L 1: Beginnincr
at a point on the @Torth side of Virginia Beach Boulevard 600 feet nore or less
East of the intersection with @lorth Lynnhaven -poad, nmninq a distance of 1170
feet mre or less along the Southern propertv li-ne of which 310 feet is the North
side of Virqinia T3each Boidevard, g a distance of 7R3 feet aloncr the
Eastern property line, rlrminq a distance of 736 feet alonq the I'lorthern propertv
line and runnina a distance of 700 feet mre or less alona the We@rn propertv
line. Said property is T@shaped, and excludes Parcel 3.
Parcel 2: Change of zonincr from C-L 1 to C-(7 3 and a Use Permit for Gasoli-ne
Supply Station: BecTinning at a r)oint 460 feet mre or less Fast of the inter-
section of 1\Torth Lynnhaven Road and Virginia Beach Boulevard, and @ing a
distance of 56 feet along the T,7orth side of @7irQinia Beach Boulevard. Said
parcel is described as 56 feet by 54 feet.
Parcel 3: Change of zoning from R-M with a T-1 Supplen-ent to C-C@ 3 and a Use
Permit for automtive sales and service to include tires, batteries and autamtive
accessories beginning at a Doint 520 feet mre or less North of the Intersection
of North Lynnhaven RDad and Virginia Beach Boulevard at the TIorth,,7est portion
descrihed as 116 feet bv 35 feet of the pror)osed building sh@m on plats with
niore detailed info@ti@n available in the Office of the Den t of City
Planning. (Chesopeian Colonv Area). LYIZM\AN BOIUUM
The Planning Comdssion re ds denial of this application due to the
objections expressed by the residents of the neiqhboring cl)-esopeian Colonv.
Mr. Roger Provo appeared on belialf of-the applicant requesting that the
above application be deferred.
Mr. Walter Royal, representing Chesopeian Colony, appeared in opposition
to the above application of F. Wayne Mci,eskey for a Change of Zoning and
a Use Permit and also in opposition to the request for a deferral.
On motion by Councilman Ferrell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, Clarence
A. Holland, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield
Jr., and Mayor Donald H. Rhodes.
Nays: Councilmen Robert H. Callis, Jr., F. Reid Ervin, and D. Murray @falbon
Absent: Councilman Frank A. Dusch.
City Council deferred for a period of two (2) weeks the above application
of F.Wayne @IcLeskey for a Change of Zoning from Multiple Favily
Residence District (R-M) with a inlotel and Tourist (T-1) Supplement
and Limited Commercial District 1 (C-1, 1) to General Commercial
District 3 (C-G 3) and a tjse Permit for gasoline supply station and
sutomotive sales and service to include tires, batteries, and
automotive accessories.
ITEM #3960
Mr. Lee Ansell appeared on behalf of the applicant requesting closure
and vacation of a certain portion of Lauderdale Avenue.
On motion by Councilman Cromwell, seconde4 by Councilman Holland, aiid I)v
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, -ir., @ind
Mayor Donald H. Rhodes.
Nays:@ None
Absent: Councilman Frank A. Dusch.
City Council approved the following ordinance relative to closi-Tg a
portion of Lauderdale Avenue in Bayside Borough, subject to certain
modifications as agreed to by Mr. W. W. Fleming and a change in the
description reducing the closure of a portion of Lauderdale Avenue
from 50 feet by 146.16 feet to 50 feet by 9S.S feet.
CITY OF VI BEACH
TO (ORDMWCE OF VACATION)
CMIS M. HALL
AN ORDI VACATING AND DISOO G A
POIUION OF = Av=, IN DAYSIDE BOPOUGH,
IN TFTE CITY OF VITZGINTA BFACH, VI
prcper notice of the intended application of the applicant,
Curtis M. Hall, to be presented to the City Council of the City of Virginia
Beach, Virginia, on the 20thday of Sept@r, 1971, and for the vacation of
the hereinafter described public street in the City of Virginia Beach, Virginia,
was on the 1st day of Sep , 1971, duly posted at the Cour-t House of the
Circuit Court of the City of Virginia Beach, Virginia, and--at t-cts7o other public
places in the City of Virginia Beach, Virginia, in conforndty with the @er
prescribed by Code of Virginia, Section 15.1-364, for the institution of
proceedings for the vacation of a public street; and
said application was itade to the Citv Col)ncil of the
City of Virginia Beach, Virginia on the 20th day of Septenber, 1971, and in
confonnity with the manner prescribed by Code of Virginia, Section 15.1-364,
for the conduct of such proceedings, the City ('@uncil of the City of Virginia
Beach, Virginia, on the 20th day of Sep@er, 1971, which was mre than ten
days after posting notice of the intended application as aforesaid, appointed
C. C. Carrington, W. W. Fl@q, Jr., and G. L. Hanburv,II, as viewers to view
such street and report in writing @%,hether in their opinion any, and if any,
what, inconvenience would result frcm discontinui-ng the s@, and said viewers
have nede such repor-t to the City Council of the Citv of Virginia Beach,
Virginia; and
A,3, from such report and other evicence, and after notice
to the land i)-prietors affected therebv, alonct the street Proposed to be vacated,
it is the jud@t of the Citv Cbuncil of the (itv of N7irginia Reach, N@iraiXiial
that these proceedings have been instituted, cc)ndilcted and concluded in the
@er prescribed bv Code of @7i@ia, Section 15.1-365, and that t-he said
street should be vacated and discontinued;
NOW, THEREF'OFE, BE IT ORDA= by the Council of the Citv of
Virg2@m@a Beach, Virginia;
1. That the followina described street in the Bavside, Borouqh,
in the City of Virginia Beach, Virginia, be, and the s@ herebv is, vacated
and discontinued;
ALL that certain portion, becrin 50 feet by 95.5 feet;
of a street kn@ as Lake Avenue (nu,7 knovn as
I-auderdale Avenue), in Bayside BoroucTh, in t-he (itv
of Virginia Beach, @7ircrinia, on the certain idlat attacl,.P-d
hereto entitled "Chesa@-aLle Bav Slores, PC-Su@ivision
of Block 8, Chesa@e Shores, Princeqs Anne (-otintv,
Virginia", Scale 1" = 50", Februarv 1929, rmde bv S. oT.
@stead, C.F,.
2. This orfflnance shall -@ in effect from an(i after thi_rtv
(30) days from the date of its adoption.
3. A certified coW of this ordinace of vacation, touether with
the plat attached hereto, shall be recorded as deeds are recorded, and indexed
in the nam of the City of Virginia Beach, Virqinia, at the expense of the
applicant, Curtis M. Hall.
Certified to be a true and exact copv of an ordi-nance adopted bv
the City Council of the Citv of @7irginia Beach, @7ircrinia, at its recjular
meting held on the 22n(i of T\bvember, 11)71.
@ste: Richard J. T,7e-bbon, Citv (7lerk
By
T)eputy City Clerk
2
VIRCINIA: IN -THE =PY," OPTICF OP CIPNTIT OC)@TPT nP "T CITV OF @7ITrllTIA
VIRGINTA, ON THE DAY OF 1971, at
M.
This certified oopy of an ordinance of var-ation of the Citv of
Virginia Beach, Virginia, together with the plat annexed thereto, was
received and aclwated to record.
Teste: 701'n V. FENTPESI;, CURW
By D.C.
ITEM #3961
On motion by Councilman Cromwell, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Frank A. Dusch
Council approved the following Ordinance to amend and reordain
Ordinance Number 361 adopted by City Council on October 4, 1971;
establishing fees for sewer connections:
AN OPDDMCE TO @-D PND PEORDAIN
OP,DI@CE 361 OF THE VIRClt'IA P-FACH
ciTy coDF,, ADC)PTIED R=,BLR 4, 1971,
RELATRIE TO ESTPBLISHITIC, FEFS F'OR
SEWM ODIZIFCTIONS
BE IT OPMP@TD BY THE MITICIL OF '1'PE CITY OF VIRGII,.IIA BFAGI,
VIRC-INIA:
That the last paraqraph of Ordinance. 361, dated October 4,
1971, is a=ded to read as f-ollcws-
This Ordinance sl,-ali be in full force and effect on -nd
after Januery 1, 1972.
An eirerc.Tency is dacelared to eyi-st, ,ncl tbis ordinance shall
be in effect from Oate of passage.
First Reading-. @loventer 22, 1971.
Second P.Pading:
P.doptE,d by the Counci.1 of the Ci-ty of Virgir)ia Beach, 7irginia, on the
dikN, of 1971-.
ITEM #3962
On motion by Councilman Ferrell, seconded by Vice Mayor Tebault, and by
recorded vote as follows-
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebau'ltl Floyd E. Waterfield, Jr., and
Mayor Donald H. Phodes.
Nays: None
Absent: Councilman Frank A. Dusch
City Council approved an appropriation in the amount of #130,000 to budget
code 4012-213 and approved the increase of estimated revenues to be
received from ABC profits by $130,000.
ITEM #3963
On motion by Councilman Ervin, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Frank A. Dusch
During the threat of a fuel shortage in January, 1971, it was determined
that the city should have an additional fuel oil storage tank at the
central heating plant; therefore, City Council approved a transfer in the
amount of $3,000 from budget code 16010-913 (Additions and Alterations)
to code 16010-912 (Additions to Buildin,s) in the budget of the
Department of Community Services.
ITEM #3964
On motion by Councilman Malbon, seconded by Councilman Waterfield, and
by recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarejice A. tiolland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Teb;iultl Floyd E. Waterfield, Jr., and
Mayor Donald H. Phodes.
Nays: None
Absent: Councilman Frank A. Dusch.
City Council approved the low bid of Stuart Construction Company, Tnc.
in the amount of $269,815 for the installation of the East Oceana sewer
project previously approved by the City Council.
ITEM #3965
On motion by Councilman Malbon, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Frank A. Dusch
City Council authorized the City Manager to enter into a water main
extension contract with Mr. Elmer Tarrall to extend a water main along the
west side to First Colonial Road, south of Southern Boulevard. Total
cost of the main installation is estimated to be $3,600. Mr. Tarrall
agrees to advance to the city $3,700, with the balance of the cityl's
cost to be recouped from additional taps along the line. After the
total cost has been recovered, the remainder of the tap fees will
revert to Mr. Tarrall until the difference in his total advanced fees,
less his regular line fees, are reached.
ITEM #3966
On motion by Councilman Holland, seconded by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Frank A. Dusch
City Council authorized sanitary sewers at old line fees and tap on
charges for the residents along Jack Frost Road running from Schools
Road to Horseshoe Bend and around Horseshoe Bend as 75% of the applicants
in this area have made application for sewage services and signed the
necessary contracts.
ITEM #3967
On motion by Councilman Holland, seconded by Councilman Waterfield, and
by recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr.,
and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Frank A. Dusch.
City Council noted its intention to hold a closed meeting on Monday,
December 6, 1971, for the purpose of discussing items permitted for
discussion under the Freedom of Information Act of the Commonwealth
of Virginia.
ITEM #3968
On motion by Councilman Payne, seconded by Councilman Ferrell, the.meeting
was adjourned.
Richard J. WE erk Donald yor
City of Virginia Beach,
-Virginia
November 22, 1971