HomeMy WebLinkAboutOCTOBER 18, 1971
MINUTES O@ THE liONOIZARI.I: (Ill'Y COU14CIL
OF TIIL
CITY OF VIRGINIA BI:ACII, VIRGINIA
October 18, 1971
The regular meeting of tlie City Council of the City of Virginia Beach, Virginizi
was held in the Council Chanibers of tlie Adriinisti@aiion Building, in tlie Borc)u,-I,
of Princess Anne, on Ntoiiday, October 18, 11)71, at 10:00 a.m.
The invocation was given bv Reverend Richard lvoodward, Virginia Beach Communit@@
Chapel, Virginia Beacli, Virginia.
Councilmen present: Robert fi. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Duscll, F. Reid Erviii, George R. Ferrell, Clai-ence A. Holland, D. @turray flalbon,
J. Curtis Payne, Vice @lq'vor Earl @l. TebLtLilt, Floyd E. Iliaterfield, Jr., and
Mayor Donald 14. Rhodes.
Councilmen absent: None
ITE@l #3822
On motion by Councilman Dusch, seconded by Council.man Ferrell, and bv recorded
vote as follotvs:
Ayes: Council.men Robcrt 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clirence A. flolland, D. Mtirray
Malboii, J. Curtis Payne, Vice @lavor Earl 11. l'obault, Floyd E. IVaterfield,
Jr., and @layor Donald 11. Rhocles.
Nays: None
Absent: None
City Council approvod tlie @tinutes of the Regular @lleeting of October 11, 1971,
and the reading of said 'linutes dispensed @,ith ina-snilicli as eacli Councilmall
had a copy of the sut)ject Iiinutes befor(, hi;ii.
ITEM #3823
On rqotion by Council@,.i@iii 'talbon, secondecl b,@ Coujicilman @Vaterfield, ajid by
recorded voto as fol.loivs:
Ayes: Councilnien RobeTt 11. Callis, Jr. , R@)bcrt B. Croi,.iwell, Jr. , Frank A.
Diisch, F. Rei.d Frvin, Geor,,e P. l@errell, Cl@iience A. flolland, D. @lurray
P@ialbon, J. Curtis P@iyilo, Vice @lavor E@irl ". 'Feb@iult, Floyd E. ll,@tterfield,
Jr. , and '.1ayor I)onald Ii. f@llodes
Nays: Noiie
Absent: None
City Council approved ii -,;ecoll(l roziclilig ,in @il)l)rol)riatioil of Approxiiiiltelv
$6,000. foa, tlie purcli,,i.,ic oi- @t iiio(lorii trLIC@- to rel)l@ice a ti,,eiitv ve,,i@,
I I
ol(I converted truck i@iiic-li ]la-,; I)CCll ,Ictcl:,Ii ull to L)c Lillservice'll)]O, @is
rcc,ucstc(l bv the l,oilclc)j) 0 VoILIlItCC! i)L'Pll'tf]1011t.
ITEIL '138 el
oii niotion by Councilifiari Ilziyne, secondeci by (:ouncilm@in Tebault, and by recorded
vote as follows:
Ayes: Councilmen Robert If. Callis, Jr., Rc,bert B. CromiTell, Jr., Frank A.
Duscli, F. Reid Erivii, Ceorge R. Ferrell, Clarence A. fiolland, D. @lurray
Malbon, J. Curtis Payne, Vice @l@ivor Earl ". 'febalilt, Floyd E. Ivaterfield,
Jr., and llayor Donald 11. Rhodes.
Nays: None
Nbsent: None
City Council approved an Ordinance amenciin@@ ' an Ordinance adopted August 2-3,
1971 (Item #3633) in the matter of the clo,@ure of certain streets and tlie
dedication of a Fire Station site in tlie (@:tv of Virginia Beach as approved by
the Department of Coinmuiiity Services (Tildcl,C',ndence Square Area) .
AI\T C)FI! @l'-Ul l@ G
-T DISCC
P-ORT] (,T- CF FTTI-DT,
I @T B@,@ y"@ T D -,C,0 C 1 Y OF' VTR3!T,,,-TA
BEA C,', P" T
WHE-qIi"A@-', proper notl,-e ot' the inten(ied applicati-on of
the applicants, l@@ati ciial Dei, el c)r)@ ent Corl)orati on, Pe,-Pbroke
Investment Corporition and Tn@ei),,i)@,erce Sqiiare Corporati-on, to be
presented to the City Council o- 111-ie Cit-@,, of Virginia Beach,
Virginia, on the 14th Oay o@- iiin@, 1971, for the vaca@ion of the
hereinafter described. paper si,rc@,t@ @-ii th@ City of Virginia
Beach, Virgiiiia, w--is ()n the 3rd @ay of Jul"e, 1971, duly posted at
the Courthous(, of the Cil-ci)it Cul,:rt of the City of Virginia Beach,
Virginia, and at two other pu@,l@f -,la-.es iyi the -,ity of Virginia
Beach, Virgin@,@, In cc)nf'ori,-Ity t@ll tlie L,@-inner prescribeo, by Code
of Virginia for the t)@,ition (,f trocee(,,!-Ylgs for the
va.cation of s',-rec!t-; ayl,,l
sal-@ aT, s t o t @r i e t y @- C) u r- C -@L
of thr, Cl@ty o@- o, "@@ c; t' ;, o@-
an(I )I',, wit@ t@i(@ y@rc.@cribecl hv '_'C)d(@, o,"
Vir@,inia for thc, t, )f suc,,r), l@rcceed@iiF-zs,, the C!-ty
'@oiinc@l of ti,,,, @-'It of V)r C)n the 14t"' (,,a,
of' Junc.,, 3-07.@l , iiii@c,,h i,@,ac, teyi (!C,,) (i@,y- -,if'ter
iiot @- c of ttii@@
FleiTiiii,,, Jr. ((2oi,@e
C]'@irlos C. Cztl'i@ijiltc)n, @ii,c'@ strc@'c",
t
KIFLt AM.
L- LA
C) Z)r 1
VA
propc)-e,d to bc, it t@,,@ 'he courc
of I C@, ty
t@ie City of Vir@,'-T)ia Beach, V-,r@5,n'a, 1;11,lt th(@se proccedings h,,'Av(2
been instituted, cc)nducted and concluded in the manner prescribed bY Code of
Virginia 15.1-364, and that the said streets should be vacated and discon-
tinued; and
WHERFAS, the above applicants have agreed to dedicate to the City
of Virginia Beach, Virginia, for road purposes a right of vay 80 feet in width
as shown upon a certain plat thereof filed with the rqinutes of this meeting,
with the right in the applicants to flatten the curves of said road as they
desire, subject to the approval of the Cd-ty, and have agreed to dedicate to
the City of Vtrginia Beach, Virginia, a fire station site consisting of Lots
17 through 22, both inclusive, and Iots 39 through 44, both inclusive, in
Block 47 as shown on the Plat of Sunriy Frock duly recorded in the Clerk's
Office of the Circuit Court of the Cdty :.)f Virginia Beach, Virginia, i.n Map
Book 5, at page 201;
NOW, THFRFFORR-, BE IT ORDAI.i@,L by the Council of the City of
Virginia Beach, VirFinia, subject to tfie dedications heretofore described and
subject to the reservation of such ekisev.-,nt, right of way and land in Lafayette
Street as is required for the continufd use by the Ilarapton Roads Sanitation
District Commissic)ii cf its facilitieb siluate in said Lafayette Street;
1. That the following dc@scribe.,d porti@ns of streets, in the Bayside
Borough, in the City of Virginia Beach, Viil,ini.a, be, and the swne hereby are,
vacated and discontinued:
First Street fro@n the Southcrn line of Virginia Beach Boulevard
to Potomac Street.
Secc)nd Street frotn the Sout@icrn ll,ne of Virginia Beach Boulevard
to Lafayette Street.
Potoinac Street fro.,n the East line of Kcllam Road to the dividing
line betwecn !,,qts 35 and 3@@, Floc@ 21, as shown c)ri the abcvc
plat.
Cleveland Street from ttie l@'ast line of Kellam Road to the West
line of Lot @16, '@lock 30, PliL Dl' ,@uriny Brc)ok, iecorded iin '4ap
Book 5, at paee 201.
C,)lumi)u@ @;trcet fr,,:,.it tiie E@,.,t, !.ine c)f Kcllam Road to the West
lir,(, of Ln icpc,,r)dence !3 @il@ v,,l I .
KELLAM, Lafayette Strcet, fro,,n tii(, @ @i,;t I-i,,ie nf Kcllam Bc)ad to the ;icst
PICKRELL,
LAWLEfi, of
HODGES&
KELI-AM
.OR@.LK,'A.
2. This ord.inance shill bc in effect from and after
thirty (30) days from the date of its adoption.
3. A certified cody of this ordinance of vacation,
together with tlie plat attached lereto, shall be recorded as deeds
are recorded, and indexed in the naine of the City of Virginia
Beach, Vir.-inia, in the Clerk's (ffice of the Circuit Court of the
City of @fi-rginia Beach, Virgi-r.,Ia, 9-t the expense of the applicants,
Natior.al Development CorDoration, Pelp-brol,-e investment Corporation
Independence --quare Corporation.
Certified to 'ne a true and exact copy of an ord;-narce
ad op-le@- b,17 the, @-'A ty Council of ti e '@- ity of Vi r<.,i-nia i3e,,gch,
-1,
Virgini-a, at @,-ts r--gular I.,.eeti r,,, i-ic,,Id on the ii,@-ITday of e(
1Q,71-
TEST--@': RICFARD J. WEBBO"T, CITY CL--'@ll
B@
VIRGIIII@,,: T@,T T@l@- CLEP@l@'S CF'TTC@ (F T-T@ CTRC[ITT --Ct@iT OF TTIE CTT)'
C)F Tj'i-@!@C', Vl;iG-1 (-T-. T',,E DP@Y OF'
AT
This @ertified copy c)@ an ord.*,Irance of vacation of thc
City of Virginia T3each, VArginia, to.-,ether w@th the pla,t onrexed
thereto, was recci,,'Cd and ridm@ -bt;,c] to record..
i": JCIll%l V. CLERK
l@y
KELLAM,
PICKRELL,
LAWLER,
HODGES&
KELLAM
All.@.@l. .1 LA.
NORFOLK,@A.
ci
ITEM #3825
Nir. John Atkinson appeared before City Coulicil regarding their motion to
deny his application for a Change of Zoiiin,, from Residence Stiburban District
3 (R-S 3) to Multiple Familv Residence I)is-Irict (R-@1) and a Use Permit to
construct 104 apartment units (Fremac Slior(,s Area).
Cdr. ]Zichard Phelps, NAS Oceana, appeared ?@egarding the subject area being
located in Noise Zone Three.
On motion by Councilman Callis, seconded b@@ Councilman Cromiqell, and by
recorded vote as follows:
Ayes: Councilmen Robert 11. Callis, Jr., Rc)bert B. Cromivell, Jr., Frank A.
Dusch, Clarence A. Holland, D. @furrty @ialb(,n, Vice inlayor Earl 'l. Tebault,
and Mayor Donald 11. Rhodos.
Nays: Councilmen F. Reid Lrvin, George R. Ferrell, J. Curtis Payne, and
T71oyd E. l;aterfield, Jr.
kbsent: None
City Cotincil rescinded tlieir previous motion made on October 11, 1971, to
deny the application of John T. Atkinson f(,r a Cliange of Zonin@, from Residence
Suburban District 3 (R-S 3) to Multiple F@iiiilv lZe-,;idonce Distri-ct (R-@1) and
I
a Use PerTqi.t to construct 104 apartnient units (Fremac Shores Area).
ITEM #3826
On motion by Councilman (rop.,iiTell, seconded @), Councilman Callis, and by
recorded vote as folloi@s:
Ayes: Councilmen Pobert Ii. Callis, Jr., Pct)crt D. Croniwell, Jr., Frank A.
Dusch, F. Reid Ervin, Geor@e R. Ferrell C@,Iironce A. fiolland, D. Nlurra),
@ial.boii, J. Curtis Payne, Vice @lavor Earl @ll. Tcbaul.t, Floyci E. @i,laterfield,
Jr., aiid @layor Donald ti. !Zliodes.
iNays: None
Absent: None
City Council referred back to the Planniiig Coi,.imission for furtlier studv the
ipplication of John T. Atliiisoii for a Cliaii@,e of Zonin,2 from Residence @uburban
)istrict 3 (R-S 3) to @lultiple F@imilv Ze@si-c@-C-jLe Dist@ict and @i Use Ilori@iit
:c) coiistruct 104 al)artniciit Ltjiits (i@rei,i,,ic Sli(@i-es Area).
ITE@l #3827
Mr. R. L. Riggs appeared befo,e City Council regarding the policy of the
City in respect to bearing the cost of strcet paving, and particularly in
regard to paving a portion of a "paper" street in the 900 Block of Goldsborougil
Avenue in the Shadowlaivn area. Nir. Riggs requested Council to give hip,,, a
d6cisiVe yes or no answer, in that hc exp(,cted the Citv to bear the total
cost of the work, indicating tll@Lt he belic@red that in p@evious years such
improvements had been iriade wi,thc)ut expeiise to the property owner.
Mr. W. W. Fleming, Jr., L)irector of Comniunity Services, advised Council that
to the best of his kiiowledge i.t was the policv of the Citv to improve sucli
streets on a fifth-fifty cost basis witli tlie 'abuttin@ pro'perty ownets. That is,
the City bears one-half tlio Cost of such ii'iprovement. @Ir. Fleming furtlier
stated that any deviation frotii tllis policy could involve the City in an
expensive paving program, as there are niann such -,,treets in the city.
Mr. Roger Scott, City Nlanager, advised CitN Council of Certain policy
"recor-rimendations" regarding tho I)aving of @'na,,)er" streets and suggested that
the matter be deferred for furtlier stud,,.
I
On motion by Councilman Ilayno, seconded 1)), Councilman Ervin, and by recorded
vote as follows:
Ayes: Councilmen Robert Ii. Callis, Jr., Rc@bert B. Cromi,,ell, Jr., Frank A.
Dusch, F. Reid Ervin, Goorgo R. lerrell, Clar nce A. tiolland, D. ,Turray
@Ialbon, J. Curtis Payne, Vice Nlayor l@arl ',I. Tobault, and Nlayor Donald 11.
Rhodes.
Nays: None
Absent: None
Abstain: Councilman Flovd E. Waterfield, Jr.
City Council denied the application of @Ir. 1',. l@. Ri@@s for the paving of a
"paper" street in Shadoi@lawn in tlie 900 Blo(k of Gol"dsboro Street, with the
City of Virgiiiia Beach issuii,ing tlie full oxl,ense of such improvement.
City Council requested that tlie iiiatter re@,@ii'ding paving of platted but unbpen
streets in tlie City of Vir@.inia Boach, be placed on the informal agenda of
October 26, 1971, for further clztrification of tlie i,ecommendations set forth
by the City Nianager.
ITENI #3828
Councilman Ervin indicated th@it ho had rcceived a letter froni Dr. Stillman
regarding tlie preservatio)i of the tree lijic zilona @Voodhouse IZoad in tlie area
abutting the Cape lieiiry @cliool. As it al)l)c,@@rs tl-lat tlie trees are located on
-Ublic property, the inattei, wzis reforred tn the City @lanager to be handled
Iiiiiiiistratively in order to I)revejAt tlie rc,i!@ov@ll or destruction of tlao subjcct
roes, except for riglit-oj--w@tv iiiil)l-oveilielits.
ITE@l #3829
Mr. Jack Jennings appeared in support of tl@e I)roposed motion of Councilman
Ervin that Roberts Rules of Order be accepted as the standard procedure for
the conduct of City Council @leetings.
On motion by Councilman Ervin, seconded by Councilman Cromwell, and by recorded
vote as follows:
@yes: Councilmen Robert ti. Callis, Jr., Robert B. Cromiqell, Jr., Frank A.
)usch, F. Reid Ervin, George R. Ferrell, Clarence A. liolland, D. @'furray
talbon, J. Curtis Payne, Vice @layor Earl 11. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald f]. Rhodes.
Nays: None
Absent: None
City Council accepted, as a guide, Roberts Rules of Order as the standard of
procedure for the conduct of their meetings, and further, designated the City
Attorney to serve as parliinentarian for ;aid meetings. Therefore, the City
Attorney is directed to pi-epare an ordinance for consideration by the Council
which iiicorporates the provisions of this policy statement.
ITE@l #3830 (a)
Councilman Ervin moved that the City Cotincil of the City of Virginia Beach
adopt the following polic), position @,,ith respect to tlie appointment of
committees, boards and commissions:
1. Appointments to tliose committees, boards and co3,imissions
provided for bv the Code of Vir,,,inia, the %lirginia Beach
City Code, and tlie Virginia Beach City Charter sliall be
made in the mannor I)rescribed in tlie resl)ecti@,e documents.
2. Appointments to those committees, bo;irds and commissions,
wliether existin, or new, not included in Itein 1 above shall
be made by the ,iepibers of City (-,otincil at regular meetings
provided tliere is a quorum Dresent. Sucli appointments shall
be for specific terilis and no per-,;cn shall ser,le for more tllan
two consecutive tornis. All comtnittces, board" aiid coniinissions,
whether existin,., or new, estal)lishod bv tlie Vir@Iiiiia Beach
City Council, cxcept tl)ose incl@ided in Item 1, shall be
governed by a pi-escribed set of duti(,,s aiid responsibilities,
a copy of which sliall be furnislie@] e@icii ne@@ Ippointee.
3. The City AttoriieN, is herebv directed to reviei@ thi.s policy
statement and prepare for ihe consider@iti,on of Cotincil a
proposed ordin@in e wliicli will i!iccrporite the essential
provisions therec)f.
ITEM #38--@O b)
Couiicilnan liolland offered a substittite, ]Tiotioli, ivliicli ivas seconded by
Councilmaii Ferrell, to liold in abevliiicc, lit al)ox,,e policn@ positioll until
such timo as Coui)cil has liad an ol)])Ortillitt@ tu re@,iei@ the tip-date(I list
of boai,ds aiid commissions. IZecor(led vot cn tvlietlier to accept the sub-
,titute i,,iotion as the rii,,iiii iiiotioii 1/2@as @is fc II ()@,:s
@yes : Coujiciliiien IZobert if. (:allis, Jr. I (,I)ci@t B. C@roi@i@@cl I , Jr . , Frailk A.
I)tisch , F. Reid Ervi n , Goc)i@@,e IZ. I;errc I I('Iarunce A. ilollaild, D. liurray
N@ilboii, T. Curtis Ilayne, %'Ice Nllyol. 'Feb@ILI]t, f@lo@1(i E-. IVaterfield,
Jr., aiid @lavor Donild Ii. I'lio@los.
Nays: None
AbseTit: None
Cit)@ Colificil accepted tlit, stil),,;titiite i@ioticii @i, tlie iiiaiii iiiotiori.
ITEM #3830 (c)
On motion by Councilman Cromwell, seconded bv Councilman Waterfield, and by
recorded vote as follows: I
Ayes: Councilmen Robert fl. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch. F. Reid Ervin, Goorge R. Ferrell, Clarence A. Holland, D. @llurray
Malbon, J. Curtis Payne, k'ice PIayor Earl @,l. Tebault, Floyd E. lvaterfield,
Jr., and Nlayor Donald Ii. Rhodes.
Nays: None
Absent: None
City Council deferred the policy position i@ioved by Councilman Ervin until
such time as Council lias had an opportuniti, to review the up-dated list of
boards and commissions.
(COUNCILMAN PAYNE LEFT I'fiE COUNCIL C[iAMBL@R@1)
ITENI #3831 (a)
Application of the City of Virginia Beach, Department of Planning, for the Little
Neck-Lynnhaven Development Plan on certain prot)erty bounded on the North by the
Lynnhaven Inlet; bounded on the East by the Eastern Branch of the Lynnhaven River
and Western boundary of the Oceana Naval Air S@ation; bounded on the West by the
Western Branch of the Lynnhaven River, the Thalia Creek Branch of the Lynnhaven
River, Independenz:e Boulevard from the Virginii Beach-t@orfolk Expressviay South to
Gallop's Corner and Salem Road from Gallop's Corner to the Southern boundary of
the Development Plan; bounded on the South by a 180-foot Virginia Electric and
Power Co. Right of Way crossing the City in an Eas+-West direction from Salem
Road to Colony Drive. Plats with more detailed information are available in the
Office of the Depav,tment of City Planning. LYt@i'@HAVE@l-KEt,IPSVILLE-PRIt@CESS AN@IE
BOROUGHS.
The Planning Commission recoimiends approval of the Little @leck-Lynnhaven
Development Plan as prepared and presented by t@ie Department of Planning.
Mr. Pat Gomez preseiited tlie l,ittle Nc,ck-l,%,jiiiii@ixcii Devclopmont I'lan on behalf
of the City of Virginil Peacii, I)cl@artiiiciit o!- illanning.
Tlie following appoired iii opl)osition to tlie I.ittle Neck-l.vnnhaven Developi,@iont
Plan as pi-eseiited by tlie ]ll@inning
Mrs. 1,'alter Royal, rcpreseiiting Cliesol),@izin ColonN,, presented
pc,titions to City (-Io@iii il i@ccluestili,, t @;it Iliere I)e no chaiipe
iii the zoniiig of Cli(@sol)ciiii (@olon\,
Mr. Ricliard Plielps NA.1)' Occan,,i
@ir. Calvin Spiiii
Mr. Wayne @IcLeskey appeared in favor of tlie Little Neck-Lynnhaven Development
Plan as presented by the Planning Departipeiit.
Councilman Ervin made a motion, which was seconded by Councilman Callis,
to approved the application of the City of Virginia Beach, Department of
Planning, for the Little Neck-Lvnnhaven Doi-elopment Plan as recominended by
the Planning Commission.
Councilman Malbon offered an amendment to ('ouncilman Ervin's motion by
allowing Chesopeian Coloily to Elaintain it's present zoning.
Councilman Ervin accepted the amendnient. ('ouncilman Callis withdrew his
second. Councilman Malbon seconded Councilman Ervin's amended motion to
approve the application of the City of @'irginia Beach, Department of Planning
for tlie Little iNeck-Lyniihaven Developnent I'lan as recon-,mended by the
Planning Commission except for Chesopeian (olony which will remain as it is
presently zoned. Recorded vote on the aiiielided motion is as follows:
Ayes: Councilmen F. Reid ErviTi and D. @luriay @Ialbon.
Nays: Councilmen Robert fl. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, George R. Ferrell, Clarence A. flollan(l, Vice Ilayor Earl PI. Tebault,
@loyd E. @Vaterfield, and @layor Donal 11. Rl,odes.
Absent: Councilman J. Curtis Paylie.
The amended motion was lost.
ITEM #3831 b)
On motion by Councilman Frviii, seconded I)y otincilman Ferrell, and by recorded
vote as follows:
Ayes: Councilmen Robert 11. Callis, Jr., Robei't B. Cromivell, Jr., Frank A.
Dusch, F. Reid Ervin, George 1. lerrell, Cl@ir(-nce A. ilolland, Vice [Nlayor
Earl @l. Tebault, Floyd f-,. IVaterfield, -Jr., -inct Nlayor Donald H. Rhodes.
Nays: Couiicilmaii D. Nlurr@iy NI@ilbon.
Absent: Councilman J. Curtis Payne.
City Couiicil apptoved the al)ove applicatioii of tlie ('jtv of @lirgiiiia Beach,
Departmciit of lllanning, For tlie Little-,Nock l,vnnllaven Devolopment Plan on
-ertaiii I)roperty bouiidod c)n the Nortli h@, th., 1.),nnliztveii lnlct; bounded on the
-ast by tlie Eistern BraTicii of tlie I.,vnnliai,eii @Zi@-er alid lvestern bo(inci@ii,v of tho
'Coanzi N,,tval Air Statioii; 1),)tiiided o@i tlie t@ot I)v tli(, l"'ostern Br@tncli o@ the
Lyniill@ivc,.ii IZiver, tlie (@,rock ]3r@ijicii of tlic, l.vniili@ivoii I'liver, ln(lel)endelice
Boulev@ird frojii tlie Vir iiii@i Bc,,,,icli-Noi-folk y @oiitli to G@illop's (Ioi,nc,,i@
and Salc@iii I'loid fror.) Coi-iier to tli @OLItIlei,ii bo@iiiclai-N, of the I)evolol)-
mciit Illiii; I)ouiide(I oli tlic,, SoLitli L)v @i 1,@O t(@ )t k,ii,@
]@lectric ancl Ilo@@er
Co. [)light of IVLiy ci,ossiii,,@ tlic, C:itv iii @iii I @l @t (iii@ectioli J-1@ci@l
to (@oloiiv I)i, i ve . iiioi@c cletajl(,(l @lij-o)lll@itiori ,I!-c @iv@iil@il)ie iii tll(,
Office of tll(' I)CI),Il-tplcllt of Citv 1,@@l"\IiAVI;N Kll,'IIISVJJ,I,L:-I)]),IN(:i@@@s
ANN]: liOlZOU(IIIS.
ITEiNi #3832
Application of Joseph F. Lyle, Jr., and Albert E. Viola for a Chanae of Zoninq from
Residence Suburban District 3 (R-S 3) to t.iultiple Family Residence-DiTtrict (R-M) on
certain property beginning at a point 37.5 feet North of C Street (23rd Street) and
running a distance of 105 feet along the @4est side of Barberton Drive, running a
distance of 125 feet along the Northern property line, running a distance of 105 feet
along the Eastern property line and running a distance of 125 feet along the Southern
propErty line. Said property is known as LC)ts 17, 18 and 19, Block 4, Plat of
Woodland. (Woodland Area). LYI4'NHAVE@'i BORO'@GH.
The Planning Connission recommends approval of th,s app'ication subject to City
water and sewer as requested by the Healuh cepar@ent an'd developer's participation
in school site acquisition.
Mr. Joseph F. Lyle, Jr., appeared on behali- of his own application.
Mr. Jack Garnett appeared iii opposition to the above application.
On motion by Councilman @Ialbon, seconded b@, Councilman Callis, and bv recorded
vote as follows: I I
kyes Councilmen Robert 11. Call,is, Jr., R(,bert B. Cromivell, Jr., Frank A.
Dusch, Clarence A. Holland, 1). @,lurrav ',Ialbcn, and Vice @layor Earl \I. Tebault.
I
Nays: Councilmen F. Rei(I F@,rvin, Geor,@e IZ. Ferrell, Floyd E. Ivaterfield, Jr.,
and Mayor Donald il. Rhodes.
Absent: Counciln@an J. Curtis Payne.
City Couiicil approved the above application of Joseph F. l,yie, Jr., and Albert
E. Viola for a hange of fro I ,c Suburban District 3 (R-S 3) to
@lultiple y be@ nning at a
Famil Re i't on certain propert) @i
point 37.5 feet inorth of (: Street (23rd Street) ajid runiiing a distance of 105
feet along tlie West side of Barbcrton I)rive; s@-iid property is knoi@n as Lots
17, 18, and 19, Block of l@ooclland (I','oodl@ind -\rea), L),Ilnhiven BoroLigh; subject
to City water and sewer as requested bN, thc Del)artiiient anci developer's
participation in school sito acquisiti'on.
ITE@,l #38-)@@
Application of Jo,@eph F. Lyle, Jr., and @lichael E. Bo@@ierman for a Change of Zonina
from Residence Suburban District 3 (R-S 3) to t@,ultiple Family Reside ce DisTr-ict@p-,,,I)
on certain property located at the Southeast corner of Barberton Drive and C Street
(23rd Street), running a distance of 195 feet along the South side of C Street (23rd
Street), running a distance of 140 feet alonc, tl,,e 1',estern property line of which
70 feet is the East side of Barberton Drive, runiiing a distance of 195.6 feet along
the Southern proderty line and running a distance of 133.88 feet along the Eas@ern
property line. @aid property is kno@in as Lo's 1, 2, 11, 12, Block 11, Plat of'
Woodland (Woodland Area). LY@IN@IAVE@j BO'@ourp,-
The Planning Commission recor,-&nends approval of this application subject to City
water and se@.@er as request-2d by the @ealth DcpartiTient'and developer's participation
in school site acquisition.
P-ir. Joseph Lyle, Jr. appeared on belialf of his own application.
Mr. Jack Garnett appeared in opposition to the above application.
On motion by Councilman Malbon, seconded blv Councilman Holland, and by recorded
vote as follows:
Ayes: Councilmen Robert fi. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, Clarence A. Holland, D. Murray @Ialbon, and Vice Mayor Earl @l. Tebault.
Nays: Councilmen F. Reid Ervin, George R. Ferrell, Floyd E. Waterfield, Jr.,
and Mayor Donald H. Rhodes.
Absent: Councilman J. Curtis Payne.
City Council approved the above application of Joseph F. Lyle, Jr., and
f,fichael E. Bowerman for a Chan@e of Zonin from Residence Suburban District
ily 1)
-S 3) to Nlultiple F m 'es ce
3 (R a iden I)is trict (R on certain property
located at the Southeast corner of Barbortcn Drive and C Street (23rd Street),
said property is known as Lots 1, 2, 11, 12, Block 11, Plat of IVoodland
(Woodland Area) Lynnhaven Borough; subject to Citv water and sewer as requested
by the flealth Department atid developer's particip@tion in school site
acquisiti.on.
ITEM #3834
Application of Joseph F. Lyle, Jr., and Woodland Beach Development Corporation for a
Change of Zoninq from Residence Suburban District 3 (R-S 3) to Multiple Family Residence
Uist-ricf-(R-@1) 8n certain property located on the Northeast corner of C Street (23rd
Street) and Barberton Drive, running a distance of 300 feet along the North side of
C Street (23rd Street), running a distance of 125 feet along the @lestern property line
of which 72.5 feet is the East side of Barberton Drive, running a distance of 300 feet
along the Northern property line and running a distance of 125 feet along the Eastern
property line. Said property is kno@@in as Lo"s 6, 7, and 34 through 38, Block 10, Plall
of Woodland. (Woodland Area). LYNNHAVEN BO,20UGH.
The Planning Commission recommends approval of this application subject to City
water and sewer as requested by the Health Departrrent and developer's participation
in school site acquisition.
Mr. Joseph F. Lyle, Jr., appeared on behalf of his own application.
Mr. Jack Garnett appeared in opposition to tlio above application.
OD motion by Councilman ',Ialbon, seconded bv Counci.liTian Call.is, and by recorded
vote as follows:
Ayes: Councilmen Robert ii. (@,allis, Jr., Poi)ci-t B. Cromwell, Jr., Frank A.
Dusch, Clarence A. tiolland, 1). inlurray )Ialboti, and Vice Iayor Earl @l. 1'ebault.
Nays: Councilmen F. Reid Ervin, George l@. Ferrell, l@loyd I:. Waterfield, Jr.,
and @layor Donald 11. l@liocles.
Absent: Councilmen J. Curtis Payne.
.ity Council approveci tlie ,ibove applicatioii of foseph 17. ],vie, Jr., and
Voodl.iiid Ileacli Dovelopiii,-,iit (,c)rl)or@itioii i-or :i C@li@inge of 7
"oniii@ froni Residence
I)istrict 3 (IZ-S to Residcjice I)istrict (R-@1) on
cort@iiii I)rol)crty located oii ilic Norti)@@ost, c,)tiici- of (-, Street (23rd @treet)
lizirboi-toi) I)rive; s@iil I)roperty is 'Knoi@ii @is l,ots 6, 7, Ind 34 throup 3
Illock 10, I'lat of @oo(-Il@ill,@ (I,Oo(lliiid Ar-@@) i,viinli@l@,cii ]@oi-ougl); subject to
City ivatei- @iiid seivor as bN, tlie llc;iltll and dcvelol)or's
I),Irticil)@lt@Oll iri SCIIC)OL sitc,,
ITEM #3835
Application of Acquisitions, Inc., for a 'Use Permit to construct 36 apartment
units on certain property' beginning at a poin 370 feet more or less West Of
Barberton Drive, running a distance of 213 feet along the South side of 24th Street,
running a distance of 195.7 feet along the Western property line, running a distance
of 187.75 feet along the Southern property line, and running a distance of 250 feet
along the Eastern propertv line. Said property contains 1.2 acres and is known as
Lots I through 6 and 28 t@rough 33, Block 4, Plat of Woodland. (Woodland Area).
LYNNHAVEN BOROUGH.
The Planning Commission recommends approval of this use 'Dermit application subject
to a reduction in the requested density from 36 apartment units to 32 apartment
units and subject to City water and sewer requested by the Health Department.
Approval was further subject to a 15-foot dedication of right of way along the
213-foot more or less frontage on 24th Street as requested by the Real Estate
Division, Department of Community Services. The School Board requests the
developer's participation in the school site acquisition. Site plan approval
by the Planning Department is necessary prior to the application for a building
pemit.
Mr. Jim Bickford appeared on behalf of tlie apf)licant.
Mr. Jack Garnett appeared in opposition to the above application.
4r. Sam @iouston, Sr. appeared in opposition to the above application.
On niotion by Councilman I'lalbon, seconded bv Councilinaii Ferrell, and by recorded
vote as follows:
Ayes: Councilmen Rober t If. (@al Iis , Jr . , Rober t B . Cromivell , Jr . , i@7ra nk A .
Dusch, George R. Ferrell, Clarence A. Ifolland, D. Murray inlalbon, Floyd E.
Waterfield, Jr., and @lavor L)onald H. Rliocies.
I
Nays: Councilmen F. Reicl Ervi.n and Vice \1@ivol- larl @l. Tebault.
Absent: Couiicilman J. Curtis Payne.
Ci.ty COLincil approved tlie abovc application of Acquisitions, Inc. for a Use
Permit to construct 20 al@.,irtr!ient units on certain propertv beginning at a
point 370 fect more or less l"'ost of Barberton I)riire, said property contains
1.2 acres and is known @is Lots I throu@ii 6 @in(I -8 tlirou,li 33, Block 4, Plat
of Woodland (Woodland Are,,i), l,ynnhaven l@orOLIgh; SLibiect to a re(luction in the
requestod density froiii 36 iti@irtment tinit,; to -'D al)@irtiiieiit units and subject to
City water ajid sewer reqticsted I)v the, Ile@iltli I)el)al,tl-ent. Approval is further
stil)ject to a IS-foot dedicitioll ol- ri@I)t of iv@iv aloii@ the 213-foot iliore or less
fronta@e on 24th Street @is t-c(lucsted 1) tlie ]),c,al I.st@ite Division, Del)artment of
Corqniuiilty Sorvi.ces Al)l)i-ov@il is sub-ie,(:,t to tl,e (levoloper's participation in
tlie scliool site acquisition forl',ILI]a @is I,.v tlie Scllool Boal-d and site
)Iaii @ipprovil by tlie I'l,'Iiiiiiiig I)Oparti@ient [)r@ot to ific applicition I,-or a build-
ng I)crmit.
ITEM #3836
On motion by Councilman Ferrell, seconded I)y Councilillan Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert fl. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, Goorge R. Ferrell, Ctarence A. flolland, D. Murray
1/2albon, Vice Mayor Earl M. Tebault, Floyd !'. Ivaterfield, Jr., and Mayor Donald
1. Rhodes.
Nays: None
Absent: -Councilman J. Curtis Payne.
City Council approved oii second reading th(@ following Ordinance to amend and
reordain Section 36-5 of the City Code by (@stablishing rental rates for
enclosed stalls.
AN OPT)IFANCI,' ',(j A:,Il@-N-,') ANT)
REOR)AIN SECTICII 3@@)-5 (F THE -3
CODE OF TIIE CITY OF VIRGINIA
BEACH -3Y FS-,A,,3LISIiING '.?-E@'iTAL
RATES FOR ENCICSEI) STAJLS
BE IT ORDAINED 3Y THJ,' COUNCII. OF TiiE CITY OF VIRGINIA BEACH,
VIRGINIA:
That rental charges for stalls, spaces or places in the market
shall- be as fo]-lows:
(a) Stalls (twelve feet by twelve feet) - $10.00 per week.
(b) Enclosed stal.Is (twentv feet @)y thirty feet) - $30.00
per week.
(c) Truck places or spaces:
Pick-up (one ton or I.ess) - $2.00 per day.
One ton to ten wheel trucks - $4.00 per day.
Ten wheel- trucks and tractor-trailers - $6.00 per day.
Rental periods shall start at 4:00 P.,,I. and terninate at
4:00 P.M. of the follo@,7ing day. @qeekly rentals shall start at
4:00 P.M. and terminate seven days later at 4:00
FirsC Reading: October 11, 1971
Second Reading: October 18, 1971
Adopted by the Council. of the City of Virginia @3each, Virginia,
on the 18th d.ay of October --, lc,71 .
ITEM #3837
)n motion by Councilman Cromwell, seconded by Councilman Ferrell, 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, Vice Mayor Earl NI. Tobault, Flo)-d J@. @@laterfield, Jr., and Mayor Donald
f]. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council approved the following Ordinalice to amend and reordain Section 14-@
Division 1, Article II, Board of Electric@il Examiners; Providing for the
appointment of members.
AN ORDINANCE TO "@IEND AND 3 (o (9
REORDAIN SS14-9, DIVISIOIJ 1,
ARTICLE Ill BOAIZD CF EI,E-Ti,ICAL
EXAblIi@IERS: Pp@OVIDI.,,C FOR THE
APPOIi4T@IENTT OF ',IE',IBEi@S
BE IT ORDAINED BY THE COUNILL OF TIIE CITY OF VII-ZGINIA 13F-ACH,
VIRGINIA:
That SS14-9 of Lhe Code of the Ci-ty of Virginia Beach, Virgiiiia,
is amended to read as follows:
The certified n,aster electrici.ans an<-l the representative
of the Vi-rgini.a Electric and Po%,,,cr Compaiiy sliall be appointed by
the City Council.. T@ie Leri-ns of the ittenibers, except for the
electrical inspector, shall be [-or two years.
An emergeiicy is declared t,,) e,.,ist and this Ordinance s'ciall
be effective iniiiiediately.
Adopted by Lhe Counci-1 of tLie C@iLy of Virgini-a Beach, Virginia,
on Llie 18th day ol Octobor 1.971.
ITEI-I #3858
On motion by Councilnian Ferrell, secondeci t,y Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., I'c,bert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. flolland, D. Murray
Malbon, Vice Nlayor Earl M. Tebault, Floyd 1. lvaterfield, Jr., and Nlayor Donald
H. Rhodes.
Nays: None
@bsent: Councilman J. Curtis Payne.
City Council approved the following Ordinance closing a portion of Rouse
Drive (also known as l@ouse Street) Kompsville Borough, Virginia Beach.
(All viewers' reports were favorable).
ORDINANCF CLOSING, VACA'FING, AND DISCONTLNUING
A PORTION OF ROUSF DRIVE (A],SO KNOWN AS ROUSE STREET),
KEMPSVILLE BOROUGH, CITY of@' VIRGINIA BEACH, VIRGINIA.
WHEREAS, proper notice that ihe Georgia-Pacific Corporation, Staylor
Wilson Bailey and I\/Iadeline Furlough 1,ailey, will make application to the
City Council of the City of Virginia Be;tch, Virginia, to have the herein-
after portion of Rouse Drive (also knowii as Rouse Street) closed, vacated, and
discontinued as a public street of the City of Virginia Beach, was duly posted;
and
WHEREAS, the land proprietors affectt@d thereby have been duly
notified; and
WHEREAS, said application wa1/2, made to the City Planning Commission
anci to the City Council and pursuant to thE! statutes in such cases rnade and
provided, the Councit appointed viewei-s who have reported to the Council that
no inconvenience to the public or to private individliats would result from such
closing, vacation, and discc)ntinuance; anct
WHEREAS, the City Planning Conimission after proper notice and
hearing, lias report(@d thereon to th(, c )Ullcil; and
WHEREAS, it is the judgni(@nt c)i- the Council that said portion of Rouse
Drive (atso knonvii as Rouse Str(2et) sho,il(I b,@ closei, vacated, and
discontinued; iionv, tti,@refore,
BE IT ORDAIN -ED BY 'I'HE (-,01 NCII, OF TIIE CITY 01@- VIRGLNIA
BEACH, VIRGINLI\:
Section I . Tliat tlie- c(-@rtain I)CIT-1 ioll (Df @aicl @itreet dc,.scrib(?d as
fc)llows in tli,@ I<,,tiips%@ille B@)].o@igli (@f 11 (@ (@ity ,f Vii-giiiia ]3each, Virgillia,
is li,,i-t@by clc)s(@(1, %,zic;itc(l, @iiicl 1)(I('(l as a I)Lll)l@, stre,@t of tile Clity of
Vi I,g @1) iiL l@@ @ic ti, Vi i- i,, ia , ,i) i,l c , i-1,@ i@l
,for public use and travel:
All that certain portion of Rouse Street, set out in red as
shown on a survey entittud "Survey of Property for Staylor
Wilson Bailey and Mad@tine FLirlough Bailey, Kempsville
Borough, Virginia Beach, Virginia, " dated March, 1970,
revised May, 1971, by C. A. Banifortli C.I,. S. Scate:
I inch equals 100 feet. Lying, situate and being in the City
of Virginia Beach, Virginia, aiid I)eing more particularly
bounded and describe(i as follo,vs:
Begirining at an iron pin in the @ntc@rsection of the southern
side of Rouse Drive (atso kno,,vn as Rouse Street), a 30
foot street, and the eastern sic.e of Price Street, a 50 foot
street, running thence in a northerly direction North 190,
55' West, 30 feet to a point in a nc)rthern side of Rouse
Drive where the eastern side o@ Price Street if extended
would irit(@rsect the northern Iiiie of Rouse Drive; thence
turning and running in an casterlv direction North 700,
05' East, 192 feet jylore or les, to a point on tlie western
right-of-way line of the foriiier Kempsville branch of the
Norfolk Southerii Railway C,)tiij@any; thence turning and
running along the western r@.-lit-of-way tine of the former
Kempsvil@,! branch of the Norfolk Souther" Railway Company
South 360, 381 East, 32 feet ii)( re or less to a pin; thence
turning anci running in a westerly direction along the southern
side of Rouse Drive South 70 , 05' West, 196. 14 feet to a pin,
the point (@f beginning aforesaid
Section 2. That thirty (30) clay., after this date a copy of this
Ordinance, certific@d by the Clerk, I)e @@pread upon the public records in the
Clerk's Office of the Circuit Court of tliis City and indexed in like manner
as a Deed to Lands.
Adopteci by the Council of the City of Virginia Beach, Virginia, on
the 18th day of October 1 97 1.
ITEM #3839
In accordance with the request of the petitioners, consideration
)f the viewers' reports relative to the closure of a portion of 1,@i
kvenue in Bayside Borougli ivas deferred for thirty days.
ITEM #3840
On motion by Councilman Cromwell, seconded by Councilman Malbon, zi
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D.
Malbon, Vice Mayor Earl M. Tebault, Floyd 11. @Vaterfield, Jr., and
H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
In concurrence with the State Compensatioll Board's approval, City
approved an additional appropriation not t(, exceed $425 for extrli
the Office of the Commonwealtli's Attornc,y.
ITE@l #3841
)n motion by Councilman I)tisch, seconded by Councilman Waterfield,
fecorded vote as follows:
Ayes: Councilmen Robert Ii. Callis, Jr., Rc@bert B. Cromwell, Jr.,
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D.
@ialbon, Vice Mayor Earl @t. Tebault, Floyd 1. IVaterfield, Jr., and
11. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council adopted the follo@@ing Resolution to obtain federal fii
sttidy the criminal justicc@ svstem witliirl t@,e (-,ity of Virgiiiia Boi@
R E S 0 L U ' I n @T
WHEMk'3, the Crim , ' us and Sa-Fe Streets Act of 1968, as @ded,
provides Federal funds to assist political subdivisions of the various
states in @roving their respective crirdnal justice sys@ in order
to reduce or elindnate inadaquacies; and
there exists a need for an in-deoth system analvsis studv
for the future inpl@tation of a records and cctrplete costs
systern for the Cr@nal Justice system of this City; and
@13, the @ject -@tudy will increase significantlv the efficiency
and overall continuity induced lv the Ju6icial system; and
WHEPEM, tl'le subject study analvsis Envisioned will cost a total of
$20,000 of which the City's proportionatc share amunts to $5,000 of in-
kind personnel assistance" and
WHEREAS, it is necessary that each political subdivision participati-na
in the prograin provide a idroportionate sh.@e of t@e 0C)st thereof.
NCW, THEPEFORF-, BF IT PF-IOL@ BY CITY COUNCIL OF TTIE CITY OF
VIRGINIA BEACEI, VI-@GlNITA:
That the Citv manager is herehy au@-orized and directed to cause
such informtion or materials, as may be necess@, to be provided to the
appropriate state agencies to permit the formulation, approval, and
funding of the foregoina zkdplication.
ITE@l #3842
On motion by Councilman Ferrell, seconded ])y Councilman IVaterfield, and by
recorded vote as follows:
Ayos: Counci.Imen Robert Ii. Callis, Jr., lzobert B. Cromwell, Jr., 1rank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. flolland, D. Murray
Malbon, Vice @@layor Earl ',I. Tebault, FloN'd I.. Waterfield, Jr. , and Nlayor Donald
H. Rhodes.
@ays: None
Absent: Councilman J. Curtis Payne.
As City Council had previously approved $3(1,000 for the purchase of Lots 3 and
4 on the corner of Arctic Avenue and 19th @,treet, belonging to the Elizabeth
Clark Tarrall Estate, Citv Council approve,! an additional Ippropriation of
$12,000 for the purchase 'Of l,ot 2, Block 3-,,(that would make the total price
of all three lots $42,000.
ITE@l #3843
The City @lanager noted that on Wednesday, October 20, 1971, at 11:00 a.m.
a Special Council Meeting will be held for the urpose of accepting bids
on the $2.,000,000 Public lmprovement Boncls and $4,000,000 Water and Sewer
Bonds of the City of Virginia Beach.
ITEM #3844
On motion by Councilman Cromwell, secondod !)y Councilman Dusch, and by
recorded vote as follows:
,yes: Councilmen Robert Ii. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A.
.)usch, F. Reid Ervin, George R. Ferrell, Cl@irence A. Holland, 1). @lurray
Malbon, Vice @la),or Earl @l. Tebault, 1-@loy(I ivaterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council noted its intention to hold a (losed moeting on Tuesdav, October @6
1971, for the purpose of discussing items 1)(@rinitted for discussion iinder the
Freedom of Information Act of the Commoni@ca@ti) of Virginia.
ITE@i #384S
On motion by Councilman Ferrell, seconded I)N (louncilriian Ifolland, and by
unaniinous vote, City Cotiiicil adjourned into l@xecutive Session.
Richar, J. IVe n, City Cl@,
ity of Virginia Beach,
Virginia
October 18, 1971