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HomeMy WebLinkAboutJULY 14, 1969 MINUTES OF THE HONOR4BLE COUNCIL OF THE OF VRRGINIA BEACH, -IIRGI@'VIA July 14, 1969 The reguzar meeting of the CounciZ of I;he City of Virginia Beach, Virginia, was hezd in the CounciZ Chambers, in the Administration BuiZding, in the Borough of Princess Anne, on Monday, JuZy 14, 1969, at two o'czoc!k P.Al. Councilmen present: Mayor Frank A.- Dusch, Vice Ivayor Robert B. CropmeZZ, Jr., Azbert L. Bonney,-Sr., George R. FerreZZ, D. Aturray MaZbon, Lawrence E. MarshaZZ, John W. McCombs, J. Curtis Payne, G. Dewey Sitmians, Jr., EarZ M. TebauZt, and Kenneth N. Whitehurst. CounciZmen absent: none The invocation was given by Reverend george T. StaZZings, First CoZonial Baptist Church On motion by Mr. MarshaZZ, seconded by Mr. Bonney, and by unanimous vote, City CounciZ approved the Minutes of the meeting of June 23, 1069, ind the reading of said ft@inutes dispensed with inasmuch as each CounciZman had a copy of said Minutes before him. ,16,? On motion by Mr. McCombs, seconded by Mr. Bonneu, and by unanimc)us vote, City Counciz approved the foZZowing items on second reading. 1. An appropriation of 15,770.00 for the pzirchase of one FWD Compactor by Public Works Dep*art,,-,-,? t 2. An appropriat-l@on o,-- @350.011 for the Ditrc,.hase and instaZZition oi@ a sound coumnication sys-'Iem 3. An appropriation o,@ @6,230.00 to the PubZic LI'brarb Fund 4. A Zoan of @7,,')03.00 @rcr,. the GenerzZ Fu?@d ti t;-,e Libra@,cts Band Fuyzd Dend@-,zg the receipt of Fe--IeraZ f-L@rds 5. A Zoan from the @u@2d to the Lanc@ @, 3 @7-a'@?,,g '@zind in the amount of $42,000.00 pendina the re-e@@)t of wederaz Acs--@s"an@e -@unds. 1 6. Assze?7pticn o- @46, 25-00 Zoa@s @wade to @h, ioZ,,,.nteer @,*2,e departmen"s bu the SpeciaZ Revenue Fu@:@c @y -1@e ,-o@rall FU?@-I Appropriation and tr ;,@,,fer Df @78,870.BC fr n t@e B yslrde SneciaZ Fevenue Fund to ',he Bays;-de and er-@-sv@l*.ZZe 3cho Z 8. Appropriation and trc,, -@@cr-of '@52,602.65 t@e Komps@!@-ZZe SpeciaZ !?evenue Fund to the Bays,@de a,!d --o"Zooz @-Un@ 9. Approp2,iation ard tr @,.-@er o@ -C,,q t@@ Puzg@ EpeciaZ Pevenue Fund to the Pungo @-chocz le@t 10. Approcr,at;ons @-r. -1@e @069-1070 b@d@et ;--,2 u,@ed b@ thf Fur,-au o@ F@lgkwa@s, 1- 7 Stree's and Fr@d-7e2 @or Princeos Ann@- On motion by Mr. FerreZZ, seconded by Mr. Bonney, and l,y unanimous vote, City CounciZ approved the request of Mr. Tapies i)arde72, Publlc Ift?@Zili, s ')O@partment, for permi.@sion ,/o to prepare plans for a City watel, ouppZ,2@ in Kemp@,,z i,71, l,c@972's, @e,7iroviZZe Borou,(7h. Mr. GaZ@@,;YZC 7 -ou@l -c,l Zob@ appzication. I ri, t@ori 'ZL)7@@7 On motion by 14r. MarshaZZ, by kfr. Crorr,),,Zz, Izd by unanirnou,, vote, City CounciZ approved the folzowing appzic@ation for a ChCZ),,"7e :@@* subject to City water and sewer and a dedication of 40 feet .1-rom the center Zine or. N,,i,)town Roa(i as required by the Director of Public Works. Application of B. B. Wills by Garland Layton, Attorney, for a change of zoning from Residence Suburban District 4 (R-S 4) to Multiple Family Residence District (R-M) on certain propcrty located on the South side of Newtown Road beginning at a ]3oint on the Western property line of Bettie F. Williams School, running a distan(7e of 2319 feet along the Northern property line of which 303 fect is the Southern property line of Newtown Road, running a distance of 1153 feet along the Western property line, running a distancc@ of 2205 feet along the Southern prop- erty line, of which 550 feet is the Northern property line of Goodrnan Road, running a distance of 1201 feet along the Eastern property line. Plats and more detailed inforrnation are available in the Office of the City Planning Comrnission. (Newsome Farrn-Bettie E. Williams School Area). BAYSIDE BOROUGH. The Planning Cornmission recornrnends denial of this request as it would be spot zoning in an area zoned predorninantly Single Farnily Residential. 7 jr. Wa@ne PurseZ appeared before Counci@, regarding the foZZowing appzication. Mr. BIZZ Snzdar,President of South Rude(? Shore civic -'eague, n a e and ,yaa.T Mr. CarroZZ orth appeared before CozinciZ against tbe foZZowing appzicatioh. On motion by Mr. Sinmons, seconded by Mi@. MaZbon, and y unanimous vote, City CounciZ approved the foZZo7,@ing appzication for a rd a use @-it subject to the r8quirements of the Site PZan Ordinczr ements of the HeaZth Depart- ment provided at such time as City wate2@ an sewer is ava Zable the appzicant be 'equired to connect to these utizities. Application of Donald Wayne Flursell for a change of zoning from Residence Suburban District 3 (R-S 3) to Multiple Family Residence District (R-M) and a Use Permit to construct eight apai-tment units on certain property located on the Northwest corner of Maryland Cotirt and Surfside Avenue, running a distance of 120 fect along tlic North side of Maryland Court, running a distance of 93 feet along the West side of Surfside Avenue, run- ning adistance of 371 fcet along the Northern property line, and running a distance of 254 feet along tlie Western property line. (Croatan Area). LYNNHAVEN BOROUGH. The Planning Commission recommends approval of this request subject to the requirements of the Site PIZLN Ordinance and the requirements of the Health Departrnent provided at such time as City water and sewer is available the applicant be required to connect to these utilities. @Z appeared before CounciZ :regarding the f,,ZZow,,,'ng,a-P i,ation. On motion by Mr. MarshaZZ, secondd by M,@. cro-eZZ, and by unanimous vote, City Co,n,iz approved the foZZowing appzicat@on of a 7han,7e 2f gorin,,, and a subject to the !quirements of the Site Plan Ordinance.- nc cal',,,' ai@e t Zeft on property or redair @rk don@) Application of Hasscl E. Perrel and Zola W. 13errel for a cha e of zonina from Limited Comrnercial District 3 (C-L 3) to General Cornmercial Dis- trict 3 (C-G 3) anci a Usc Ilerrnit for tlic ciispensing of gasoline and oil @tt an existing car wasli on certain prol)erty locate(i on tlic West side of Ros(, Marie Avenue beginning at a po:[nt 159. 95 feet North of Virginia Beach Boulevard, runi)ilig a (listaiice c)f 75 fcet along tlie West side of Rose Marie Avenue, running a distaii(@(! of 175 fect along thc Nortliej-ii property line, rtiniiing a distance of 75 f(,t!t alc)ng tlie West(,rn prol)erty Iiiie, and running a clistance of 175 fect al(,iig th(@ Souttiern pr(,perty Iiiie. (Aragona Villagc Arca). BAYSIDE BOI@OLTCill. The Planning Coiyiiyiissioii i-ecoi-nnieiids @il ii-oval of tliis re ucst s On motion by Mr. Bonney seconded by Mr. Tebault, an(i Piy recorded vote as fozzows: Aye: Mayor Frank A. Dusch, Vice Mayor Tobert B. CromweZZ, Tr., AZbert L. Bonney, Sr., George R. PerreZZ, D. Murray MaZbon, John W. McComb,3, @. Curtis Payne, G. Dewey Simnons, Jr., Earl M. TebauLt, and Kenneth N. Wh@tehurst. Not Voting: Lawrence E. MarshaZZ. City CounciZ approved the foZZowing application for an dmen@tot@ @qjor-,Pogd Network and W Standards, Citu of virg@nia Beach, November, 1965 as this road is at the pres.nt time ( d@a nd road-t-e@ a@ting at the Virginia Beach-NorfoZk Expressway. I Applicati,,3n of the Honorable Council of the City of Virginia Beach for an amend- ment t,@he Maior Road Netw@rk -@d R/W Standards, City of Vir inia Beach. November, 1965 to arnend I-Iolland Road from a proposed 90-foot right of way to a 50-foot right of way be.-inning on the West side of Independence B )ulevard and running in a Northerly direction to the South side of the Virginia Beach- Norfolk Expressway. (Powell's Crossroads Area). KEMPSVILLE BOROUGH. The Planning Commission recommends approval of this request as thilg road is at tbe present time a dead end road terminating at the Virginia Beach- Norfolk Expressway. on motion by Mr. MarshaZZ, seconded by Mr. CromweZZ, and by unanimous vote, City Counciz approved the fcZZowing appzication for @z @t subject to the requirements of the Site Plan Ordinance. Application of the City of Virginia Beach, Department of Public Utilitiel3. for a Use Permit to construct a sewage pumping station on certain property located 134. 5 feet North of fladen Road, running a distance of 50. 78 feet along the Western property line, running a distance of 98. 53 feet along the Northern property line, running a distance of 59. 48 feet along the Eastern property line, and running a distance of 52. 27 feet along the Southern pro- perty line. (Diarnond Springs Homes Area). BAYSIDE BOROUGH. The Planning CommissiOn recommends approval of this request subject to the requirements of the Site Plan Ordinance. Mr.-Louis,-B. Fine appeared before Counci@Z regarding the foZZowing appzication representing the peopze. @c@ a@t an M@r. Clark a@@eaz,ed before CounciZ representing the Thoroughgood Corporation. .Residents spoke out against the zoning cts is at the present time. 74 On mo tion by Mr. CromweZZ, seconded by @Ir. MarshaZZ, and by unanimous vote, City CounciZ decided to leave the area as criginaZZt( ;3oned. Application of the llc)ilorable Coul,cil of th, City of Virginia ]3each for zoninf or rezoiiing of certain property locatcd on tlic East siic. f ?leasure [louse Road, be@.inning at tlie intereection of I,'irst Court Road, running a distance of 970 feet along the -,Vestern property line of whicii 770 feet is the Eastern property line of Pleasure 1-1@ouse l@oad aDd running a distance of 800 feet along the Southern property line, and running aloxig the IV stern property line of Lots 399, 400, 451, 45Z. 492, and 493, anc] i,unning a distance Of 506 feet along the r@orthern property line. (Thorough,,,oorl Area). BAYSIDE BORC)UG11'. After conaiderable review and discussion with the Thoroughgood Corporation and the Tlioroughgood Clivic Leattie, the Planiiin!, Co"Mission is in f,ll accord with tlie plan prepare(i by tlic Department of (-iLy"I'lanning. Investigation of surrouriding property itidicates that a consi(lerabic portion of tlie property prcsently zoned Lirnited Cornmer,@@ial Listrict I (C-L 1) is not inconsistent with the ordorly (.Icveloprnent of tlie Tlioroup, Ii , goo(I area if cleveloped substantiaiiy ill accorclaiice with tlic plan prel)arec@@ by tlic I.(,I)artrnent of City I-Itaiiiiinp, whicil is made a part of the Cornrnission's recon,,n,@n(latic)n Lo tiie C@ity Coullt il. Good zoning practice incli,iates that the arezi Collier I-rive for a Cle,)th of 150 feet extending to the Northern property liric of -@ hor(ju@-ii@ood and Suuttlerly across Hermitage Road to the Southern property line should be rezoned from Limited Commercial District 1 (C-L 1) to Residence Suburban ristrict 2 (R-S 2) and this area be developed into residential lots similar to the existing lots already subdivided. The development of the lots in this manner would result in the zoning boundary substantially along the rear lot lines and protects the resi- dential con=unity from any harmful effects of commercialization. Mr, Dpn Rhp@s appeared before Council representing the applicant regarding the foZZo@@ng @pZication. r,. Horace appeared representing the Terry C@oration. Mr. Cwneron Mann, ?ir. Ruminski, President Civic League of Pembroke, Mr. Daret Anderson. Vice President of the Pembroke Civic, League appeared before Counciz against the fozzow- ing apptication. on motion by Mr. MarshaZZ, seconded by Afr. CromweIZ, and by unanimous vote, City Counciz deferred the folzowing appzication for -,;O days. Application of Pembroke North Associates by Owen, Guy, Rhodes and Betz, Attorneys, for a change of zoning from Limited Comrnercial District 3 (C-L 3) to General Commercial 3 (C-G 3) and Use Permit to construct a gasoline suppy station on certain property located on the Southwest corner of Independence Boulevard and Jericho Road and running a distance of 200 feet along the West side of Independence Boulevard, running a distance of 210 feet along the South side of Jericho Road, running a distance of 200 feet along the East side of Minute Men Road, running a distance of 210 feet along the Southern property line. (Pernbroke Area). BAYSIDE BOROUGH. The Planning Commiss;on recommends approval of this request subject to the requirements of the Site Plan Ordinatice, brick construction, and screen planting along the Southern and ',@'catern property lines and that no ingress or egress be allowed on IV@inute Men Road. Approval is further subject to City water and sewer. Mr. Grover Plriqht appeared before CounciZ represent,;ng the appzicant in the foZZowing appZication. on motion by Mr. MarshaZZ, seconded by Air. CromweZZ, and by unanimous vote, City Counciz approved the foZZowing appzication for a e@t subject to the requirements of the Site P@ Ordinance and centraz sewage and water. Application of Rita Holland Joyner by Grover C. Wright, Jr., Attorney, for a Use Permit to operate a dancing school on certain property located on the Northeast corner of Pennsylvania Avenue and Admirtl Wright Road. Said lots are designated as Lots 16, 17, 18, 1), 20, and 21, Block ?7, Plat of Euclid Place. (Euclid Area). BAYSIDE BOROUGH. The Planning Commirsion recommends approval of tbis request subject to the requirements of the Site Plan Ordinance and centrai, sewage and water. A!r. I?ichard BEZZ appeared bej@ore Council repreeenting the appzicant in the fozzozoing anpl@cation. On ?77otion by Mr. MarshaZZ, @coyided by 14r. Crorm,7eZY, and bz) unanimo?@s vote, City Counciz approi)ed the foZZowing appzicatic for a use permi@ to the requirements of the @qite PZan Ordi@iance. Application of Diamond Springs Aparti-nents, Inc. for a Use Perrnit to con- struct a sewage puinping station on certain property located on the West side of Diamond Sprini,,s Road beginning at a point 350 fect 30tith of Ferry Road. (Diamond Sprinva lic)ti-ics Area), Bi\YSIDI@@' BOROUGII. The Platining Cornrnission i ecoi-nmends apprc)val of this reqiiel3t Subject to tlie rec4iiirci-nents (@f Lic ' ite 1.@lan On motion by Mr. MarshaZZ, seconded by Mr. Cromwell, and by recorded vote as fob@s: Aye: Mayor Frank A. Dusch, Vice Vayor Pobert B. CromweZZ, Jr.,AZbert L. Bonney, Sr., George R. FerreZZ, D. Murray MaZbon, Laorence E. kfarshazz, John W. McCombs, T. Curtis Payne, EarZ M. TebauZt, and Kenneth N. Whitehurst. Not Voting: G. Dewey Sipmons, Tr. City CounciZ approved the foZZowing application subject to the requirements of the Site PZan Ordinance, centraz water and sewer and a dedication of right of way 30 feet azong Bayside Road to azlow for an overaZZ 60-foot right of way. Application of Marvin T. Bo@an, T/A Bowman Landscaping and Gardening. for a change of zoning from Residence Suburban District 4 (R-S 4) with a Motel and Tourist and Restaurant (T-2) Supplement to Limited Comrnercial District 3 (C-L 3) and a Use Perrnit for outside storage and greenhouse and nursery on certain property located on the North side of Bayside Road begin- ning at a point 140 feet East 6f Diarnond Springs Road. Parcel I to be C-L 3 with a Use Permit for outside storage: Beginning at a point on the North side of Bayside Road a distance of 140 feet East of Diamond Springs Road running a distance of Z65 feet along the North side of Bayside Road, running a distance of 365 feet along the Eastern property line, running a distance of 233 feet along the Northern property line and running a distance of 240 feet along the Western property line. Parcel 2 for a Use Permit for greenhouse and nursery: Beginning at a point on the North side of Bayside Road a distance of 405 feet East of Diamond Springs Road and running a distance of 140 feet along the North side of Bayside Road, running a distance of 428 feet along the Eastern property line, running a dis- tance of IZ5 feet along the Northern property line, running a distance of 365 feet along the Western property line. (Gardenwood Park-Diamond Springs Homes Area). BAYSIDE BOROIJGH. The Planning Commission recommends approval of this request subject to the requirements of the Site Plan Ordinance, central water and sewer and a dedi- cation of right of way 30 feet along Bayside Road to allow for an overall 60-foot right of way. r. Carter.-.LW-k appeared befvre CounciZ regarding thc, foZZow@ng application. On motion by Mr. Simons, seconded by Mr, MaZbon, and by unanimous vote, City Council approved the foZZowing application -or a -chan "@and a subject to the requirements of the Site PZan Ordi-nance and centraz water and sewer. Application of Raymond L. Harris for a !zhan@e of zonin,,, frorn Limited Corn- mercial District I (C-L 1) to General Corr-iylercial I)istrict 3 (C-G 3) -@-,l a Use Permit for a retail tire sales (not to include recapping) on certain pro- perty located on the South side ol' Virginia Beach Boulevard across from Little Neck Road and running a distance of 139. 9 feet alor,-g the South side of Virginia Beach Boulevard running a distance of 150 fect along the Western property line, running a distance of 162 feet along the Southern property line and running a distance of 154 feel: along the Eastern property line. (Delle Haven Area). LYNNI-IAVEN BOILOUGH. The Planning Commission recarrirnends approval of this request subject to the requirements of tbe Site Plari Ordinance and central @vater and sewer. Ar-Y @e_t@ and appeared before CounciZ recardin,7 the foZZowing appzication. On motion @y Mr. Simmons, Se,?,o@2d, ',:y Mr. MaZbon, and i)y uy@,ani7nous vote, City Counciz approved the foZZowing appZi,?-atl.',, a @ermit t@@ th requirements of the Site PZan ordinance and Cit.@ Application of Everett School, Inc. by J. Peter Holland III, 'Attorney, for, a Use Perrnit to operate a ternporary school for a period of three years on certain property located on the South side of 67th Street beginning at a point 180 feet East of Atlantic Avenue and running a distance of 50 feet along the South side of 67th Street, running a distance of 150 fect along the Eastern property line, running a distance of 50 feet along the Southern property line and running a distance of 150 feet along the Western property line. (North Virginia Beach Area). LYNNHAVEN BOROUGH. The Planning Commission recomrnando approval of this request subject to the requirements of the Site Plan Ordinance and City water. Martin Swersky, marsez BuiZders, appeare@ @e.rore 7ounciZ regarding the foZZ@ing appZication. On motion by yr- Sirmons, seconded by'Mr. MaZbon, and by unanimous vote, City Counciz denied the foZZowing appzication for a chanae of zoning as this area was inczuded in the Great Neck Study and was reco"nend d@to-rema@i-n for singze famizy residences. These residentiaZ Zots are not designed for muztipze f=izy use. Application of Marsel Builders for a change of zoning from Residence Sub- urban District 3 (R-S 3) to Multiple Farnily Residence District (R-M) and a Use Permit to construct 3Z apartment units on certain property located on the North side of Linkhorn Circle beginning at a point 210 feet more or less East of Fremac Drive, running a dibtance of 181 feet along the South- ern property line of which 101 feet is the Northern property line of Linkhorn Circle, running a distance of 148 feet along the Eastern property line, run- ning a distance of 309 feet along tiie Northern property line, and running a distance of 180 feet along tlie Western property line. Said lots are designated as Lots 18 and 19, Subdivision of l,'remac Lake Shores. LYNNHAVEN BOROUGH. The Planning Commission recommends denial of this request as this area was included in the Great Neck Study and was recornmended to remain for single family rel3idences. These residential lots are not designed for multiple family use. Mr. Martin Swers@y, Afarsel Buitders, appe,2red before -Counciz regarding the foz7owing appZication. on motion by Mr. si"nons, seconded bzi Mr. MaZbon, and by unanimous vote, C@ty CounciZ approved the foZZowing appzication for a s j,3ct t,) the requirement-5 of the Site Plan Ordinance and centraz sewer and water. Application of Marsel Builders for a Use Perrnit to construct z7 apartment units on cert@ property located on the Nortit side of 16th Street, beginning at a point 100 feet West of Parks Avenue, running a distance of 200 feet along the North side of 16th Street, running a distance of 140 feet along the Western property line, running a distance of 200 feet along the Northern property line and running a distance of 140 feet a.long the Eastern property line. LYNNHAVEN BOROUGI-1. The Planning Commission recornmends approval of tbis request subject to the requirements of tlie Site Plan OrdiDaiice an(i central sewer and water. @r. _@aL@n _@@n-appeared 1,@efore, (.cunciZ :regarding th(, fc)ZZow,*ng app7ication.. On motion by Afr. Payne, secondel l,y 1r- S,,*mmonp, a,?d /,y unani?,?ous oote, City CounciZ approi,ed the foZZowing appzication f(,r a 2tse r)crmi@ Application of Kenneth D. Brown, T/A Brown Brotherl3. for a Use Permit to construct a 4-foot by 8-foot Elignboard on certain property loc,@ited on tiie Wei3t side of Princess Anne itoad beginnin.@ at a point 800 feet South of Nimrno Cliurch. (Nimiiio Cliurcii Arca). PRINCL:;S BIDROUGli. The Planning Cominist3ic)n reconii-riends al)proval (if tl,iei i-equest. Mr. CaZvin Spain appeared before Council regarding the foZZowing appzication. On motion by Mr. Payne, seconded by Mr. Si"nons, and by unanimous vote, City Counciz approved the folzowing appzication for a use I)ermit. Application of Kenneth D. Brown, T/A Brown Brothers, for a Y-Jse Permit to construct a4-foot by 8-foot signboard on certain property located on the North side of S-dbridge Road across frorn Colechester Road. (Lotus Gar- dens Area). PRINCESS ANNE BOROUGH. Tbe Planning Co-i,5aion recorrimends approval of this request. On mot,on by Mr. Payne, seconded by Mr. Sinrnons, and by unanimous vote, City Counciz approved the folzowing app7ication for 2 Application of Camp Lazy "B" for a Use Perynit to erect a 4-foot by 8-foot signboard on certain property located at the Southeast corner of PrincesB Anne Road and Sandbridge Road. PRINCESS ANNE BOROUGH. The Planning Commission recomrnends approval of this request. On mation by @r. Payne, seconded by Mr. Simmons, and by unanimous vote, City Counciz approved the foZZowing appzication for @ ermit. Application of Camp Lazy "B" for a Use Permit to erect a 4-foot by 8-foot signboard on certain property located on the West side of Princess Anne Road, be@ing at a point Z050 feet North of Sandbridge Road. PRINCESS ANNE BOROUGH. The Planning Comm. ission recommends approval of this request. Afr. "@lson ChapZain, appzicant, appeare,l before Courci asking for a 90 day deferraz on t@e foZZowing appzication. On motion by Mr. Whitehurst, seconded b@ Mr. mazbon, and by unanimous vote City CounciZ 'Y deferred the foZZowing appzication for @?O days. Application of Russell W. Chaplain and Elsie B. Chaplain for a change of zoning frorn Agricultural District (A-R) to Al,ricultural District (A-R) with a Motel and Tourist and Restaurant (T-?) Supplelient and a Use Pprrnit to con- struct a 50-u.it @otcl oii certain property ldcated on the West side of the Atlantic Ocean beginning.at a point 11, 413 feet North of the North Carolina- Virginia State Line running a distancc of 429 feet on the West side of the Atlantic Ocean, running a distance of 1450 feet along tlie Southern property line, running a distance of 429 feel; along the Western property line and run- ning a distance of 1450 fect along tlie Northern property line. PUNGO BOROUGH. The Planning Comrnission recornrnendo denial of this request as at the present time City sewer.and water cannct L,e made a,ailable. Furtlier, no paved roads for fire, police or ambulance servi.ce can be provided in tlie event of emergency. A letter from the schooz board was presented to Cou,ioil by I!r. 3tanding, Director of Ptanning Cormission. Mr. Oscar Ferebee appeared before CounciZ regar,' n, 'i 7 the foZZowi?zg application. On motion bU Mr. Bonney, sec nd d I)y lly@. TeZ)auZ", ari,@ by r(cord(,,d vote as foZZows: Aye: Mayor Frank A. Dusch, AZbert L. Bon?iey, Sr., George P. PerreZZ, D. Murray MaZbon, Lawrence E. AfarshaZZ, John W. P@-Combs, T. Curtis Payne, G. Dewey Sirmons, Jr., FarZ M. Tebault, and Kenneth N. Whitehurst. Nay: Vice Mayor Robert B. CromweZZ, Jr,. City CounciZ approved the foZZowing app@@ication for a use permit subject to the require- ments of the Site PZan Ordinance, City toater and sewer. Application of Green Run Corporation of Virginia Beach for a Use Perrnit to construct 300 garden apartrnents an certain property located on the Southeast corner of South Lynnhaven Road and Providence Road, running a distance of 65Z feet along the East side of Providence Road, running a distance of 1282 feet along the South side of South Lynnhaven Road, running a distance of 841 feet along the Eastern property line, running a distance of 1088 feet along the Southern property line. (Green Run Farrn Area). KEMPSVILLE BOROUGH. The Planning Commission recommends approval of this requst subject to the requirements of the Site Plan Ordinance, City water and sewer. ITEM 791 ;@r. Fa Hu@gins, representing the appzicant, appeared before Council regarding the following appZication. On motion by Mr. Bonney, seconded by Mr. MarshaZZ, and by unanimous vote, City Counciz approved the foZZowing appzication for cz chan,7e o -f 2oning subject to a dedication of 55 feet from the center 7ine of Indian I?iver Roa , centraz sewer and water and the requirements of the Site P@ Ordinance. It is the recormendation of the PZanning Cormission that this be approved for office use onzy. Application of Newlight Enterpri ses, Inc. by Lam. Hudgin." and Mann, Attor- neys, for a change of zonin from Residence Duplex District I (R-la 1) to Lim- ited Cornrnerc al District 3 (C-L 3) on certain property located on the North side of Indian River Road beginning at a point 94. 9 feet West of General Street running a distance of 94. 69 feet along the North side of Indian River Road, run- ning a distance of 161 feet along the Eastern property line, running a distance of 94. 69 feet along the Northern property line and running a distance of 161 feet along the Western property line. (Newlight Area). KE@SVILLE BOROUGH. The Planning Comrnission recornrne!nds approval of this request subject to a dedication of 55 feet from the center line of Indian River Road, central sewer and water and the requirerneiits of the Site I'lan Ordinance. It is the reconimendation of the Planning Coznrnission that tliis be approved for office use only. ITEM 792 ,Hic@gan, Attorney, represent4@ng the appzicart, appearec7 te.rore omm@7 regard- m7 Z,. ""r 'ng th, ppzication. On motion by Mr. Bonney, seconded l,y @@r. FerreZZ, and ly unanimous vote, City Counciz approved the foZZowing appzication for ct chanae oc subject to centraz sewage. Application of Thalia Garden Associates for a chan frorn \4ultiple Family Residence District (R-M) to Liniited Coirinercial I)istrict 3 (C-L 3) on certain property located on the Southeast corner of Bonney Road and Bogge Avenue running a distance of 210 feet along the South side of Bonney Road, running a distance of 380 feet along the East side of Boggs Avenue, running a distance of 255 feet along the Southern propert@ line, running a distance of 370 feet along the F_astern property lirle- KEMPSVILLE BOROUGH. The Planning Conimiesiori reconirriends approval of this request subject to central sewage. Mr, Tom Shubert appeared before CounciZ regarding t;ze rozzowing application. On motion by Mr. @!cCombs, secoided by 1.1r. Whiteburst, , n(? bq unanimous vote, City (,'ouncil, approved the foZZowing ap@)zic,ztion fc)r (2 a,?d a ztee permit su @iect to t;lr, requireme@its of the Site Z'7a z o,- I,Y'ick con.31,)@uction and approved @creen fenci@t.(7 z (he r(?czr i,i@op, i@f Application of Sun Oil Company for a ch-,Inge of zoning frorn Retail Business District (B-1) to General Business District (B-2) and a Use Pernit to construct a gasoline supply station on certain property located on the Northeast corner of Parks Avenue and 22nd Street, running a distance of 140 feet along the East side of Parks Avenue, runnirig a distance of 200 feet along the North side of ZZnd Strect, running a distance of 140 feet along the Eastern property line and running a distance of 200 feet along the Northern property line. VIRGINIA BEACH BOROUGH. The Planning Commission recomrnends approval of this request subject to the req@ ments of the Site Plan Ordinance, ranch or colonial design of brick construction and approved screen fencing along the rear property line. On motion by Mr. McCombs, seconded by Mr. TebauZt, and by unanimous vote, City CounciZ approved the foZZowing application for z Application of Clinton J. Curtis and Ida W. Gregory, by W. C. Pender, Attorney, for a change of zoning frorn One Family Residence District (R-1) and Multiple Family Residence District (R-3) to Retail Business District (B-1) on certain property located on the S,)utheast corner of Z9th Street and Holly Road. Said lots are designated as Lots I and 3, 4 through 16, Block 5; Lots 2, 4, 6, 8, 10, 12, 14, i6, 18 and 20, Block 6, Plat of Central Park. VIRGINI.A BEACH BOROUGH. The Planning Commission recommends approval of tbis request. @fr, Joseph Canada aopeared before Counci"t on behazf of the ap@ticant, on motion by l@r. 14cCombs, seconded by M2@. TebauZt, and by unanimous vote, rity CounciZ ap roved the foZZowing ar)pzication of a use permit for a mo@lification of this request p ;o a 52-unit motez subject to 100 L)erce?zT-o@f-stree@t park,"na on site and the requirements )f the Site,PZan Ordina?ice. Application of Martil, Dehaan by McCorkle, Northcn and Associates for a Use Permit to construct a 50-unit motel on certain 1)roperty located East of Rudee Boulevard and WE!st of Atlantic '.venue, running a distance of 257 feet along the 'vvest side c)f Atlantic Avenue, running a distance of 300 feet along the East side of Rudee Boulevard, running a distance of 147 feet along the Southern property line. Sai(I parcel being triangular in shape. VIRGINLA P,,EACI-I BC)ROUGH. The Planning Cornmisilon recornrnende; approval of a rnodification of this request to a 5Z-unit motel subject to 100 percent off-street parking on site and the requirernents of the Site Plan Ordinance. On motion by k@r. 14cCombs, seconded I)y P,2,. MaZbon, and @y unanimous vote, City CounciZ approved the foZZowing appzication for 6t chanlqe_(,,,f' @oyzing a@zd a y ermit subject to the,requirements of the Site Pzan Ordin6ince. Application of Nlarsel Builders for a han"e of zoninv frorn One Family Residpnce District (R -1) and Indiistrial District (@f-i) to @,lultiple Farnily Residence District (R-3) and a Use Pe,n)it to construct 14 apartrnent units on certain property Ic)cated on tlie N,)rtii side of 14t!i Street b@ginning at a point 125 feet West of Parks Avenue, runiiinp, a distance of 165 feet along tt'ie Nz)rth side of 14th Strect, rurining a distance of 140 feet along the East- ern property line, running a distance of 75 feet along the Nortliern pro- perty line and running a dist,nce f 167 feet along tl)e Western property line. VIRGINIA BLACI-I BOROU(-,H. 'I'he n, "ecornmends aliproval of this request gubject , Corn i,,i,, tc) tlie requirenients of tl,e ',it, I'lar) C)i-diriai,cc. Mr. Jo-,eph Canada appeared before Counc-iZ- representing the appzicant regarding the foZZowing app Lca@on. Tc tq On motioh by lir. McCombs, seconded by @!r. TebauZt, and by unanimous vote City Council approved the f@ZZowing appzication for a use permit subject to 100 perce'nt off-street park- ing on site and the requirements of th6! rit-@-iZan 6rdinance. Application of Pacific Corp. by Ansell, 1.3utler and Canada, Attorneys. for a T-Tse Pern)it to construct 12 ar)artrnent units on certain T)roperty located on the North side of 27th Street, beginning at a noint 200 feet East of Arctic Avenue and running a distance of 100 feet along the @@lorth side of 27th Street, running a distance of 140 feet along the @astern vroperty line, running a dis- tance of 100 feet along tlie Northern prot)erty line, running a distance of 140 feet along the IVestern Droperty line. Said lots are designated as Lots 5 and 7. Block 1, Plat of Central Park. VIRGINIA IIEACH BOROUGH. The Planning Cornminsion reconiinends approval of this request subject to 100 percent off-street parking on site and the requirements of the Site Plan Ordinance. On motion by Plr. McCombs, seconded by Mr. M&Zbon, and by unanimous vote, City Counciz approved the foZZowing appzication for a change of zoning subject to City water and sewer. Application of Joseph A. Edone and Conrad MI. Graham for a change of zoning frorn One Family Residence District (R-1) to Two Family Resi- -jence District (R-2) on certain r)rot)erty located on the F:ast side of Cypress Avenue beginning at a point 55 feet il,ortli of 13th ctreet, running a distance of 100 feet along the Cart side of Gypresr, Avenue, running a distance of IZ5 feet along the Southern property line, running a distance of 100 feet along the Eastern property line and running a distance of 125 feet along the Northern property line. VIRGINIA BI-ACH POROTIGII. The Planning Co@ission recommends approval of this request subject to City water and sewer. Mr. John Adcms appeared before Council regarding the foZIo,@ng appzication. On motion by ?4r. McCombs, seconded by A12@. Tebauzt, and by unanimous vote, City counciz approved the foZZowing appzication for cz e2" -P @t an@ az) rovaz is azso subject to the requirements of the Site Pzan Ordin6ince. Application of John E. Adams and Ja-es 0. Davis for a Use Permit for the dispensing of gasoline supply at an existirig car wash located on the North- west corner of Baltic Avenue and Virginiii. Beach Boiilevard, running a dis- tance of 140 feet along the West fjide of Baltic Avenuc, running a distance of 137. 5 feet along tl,,. N )rth sid(@ of Virginia Beach Boulevard, running a distance of 140 feet along the Western property Line, rur@ilin@ a dislance of 137. 5 feet along tlie Nc)rttiern pr,,)perty line. Said lots are designated as Lc)ts 9, 10, 11, Block A, l@tat of Virginia Beach Part@ G,),:,)@ration. VIRGINLA BFA CII BOROUGII. The Planning Commission recomrnende approval of this request subject to the require.ments c)f tht-- Site Plan Ordiiiance. on riotion by A,'21. McCombs, seconded b.2y t!y,. CromweIZ, and by una@zimous vote, City Counciz approved the foZZowing Ordinance authorizing the issua@2ce oj@ an additionaz two milzion dolZare ?oater and sewer bonds. AN ORDINANCE AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $2,000,000 WATER AND SEWER BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA. .BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient to improve and extend the water transmission and distribution system and sewer collection system of the City of Virginia Beach to provide f6r the orderly growth and development of the City and to borrow money for such purpose and issue general obligation bonds therefor. 2. Pursuant to the atithority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act of 1958, there are hereby authorized to be issued, Two Million Dollars ($2,000,000) Water and Sewer Bonds, Series of 1969. , of the City of Virginia Beach, to provide funds for improving and extending its water transmission and distribution system and sewer collection system, including acquisition of rights of way. 3. The bonds shall bear such date or dates, mature at such time or times, not exceeding foi,ty years from their dates3 bear interest at such rate or rates, not exceeding six per centum (6%) per annum, be in such denornination and form, be executed in such manner and be s6ld at such time or times and in such manner as the Council shall hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Vi.rginia Beach for the payinent of principal of and interest on which its full faith and credit shall be i.rrevocal3ly pledged.' First Readi-ng: 7114169 Second Reading: Adopted by the CoLincil of the City of Virginia Beach on the day of 1969. MR. LAWPFNCE E. MARSHALL, COUPICIII!AN, A.GKED TO hF,' F@(,U,3FI) AT 7@Rl,'7 TTIIE AND DID NOT VOTE TN FUITHT).R A!ATTFR,5. On motion by Mr. Bonney, seconded by Afr. Cromwell, and by recorded vote as foZZows: Aye: Mayor Frank A. Dusch, Vice Mayor Robert B. Crom@eZZ, Jr., AZbert L. Bonney, 5r., George R. FerreZZ, D. Murray ?,IaZbon, J,@hn W. McCombs, J. Curtis Payne, G. Dewey sirmons, Jr., Earl M. TebauZt, and Kenneth N. Whitehzirst. I Abeent: Lawrence E. MarshaZZ City Council approved on second readin, the Ordinarzce to =end Section 28-4, Virginia @7 Beach City Code, to provide for increased fees for the issuance of Identification cards. ORDIMNCE NO. AN ORDI@'ANCF TO A',IIEND SECTION 28-4 OF THE VIRGINIA BL@CH CITY CODE TO PROVID-@ FC', INCR.'@S@-D F7-ES FOR THE ISSUA.NC-7 OF IDENTIFICATIOli C-ARDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA'BFACH, VIRGINIA: That Section 28-4, of the Virginia Beach City Code, is hereby amended and reorc'ained to re@nd qs follows: "For the @llroose of defrayin@ the exdenses incident to the fin,4e@--crirti-nl pnoto-rnohin@- and issuance of identificatio@ cerds to @iithi-n the city whb co-"ne within the pu--vi.e,,@ of this chqoter, and for the expense of Lic en,--orce:rient tTioreo4-7, the sum of two dollars sholl be oeid for e,-@c;i ori,,in,@', identification c.i@d, but of such enr@'s nt subseci@.lcnt L@ive- year periods shall I)e witiiout chgr@e. Fo.- cards lost, mutilated or destroyed within the five- year period a dudlicate shell be obtained on payment of a fee of one @ollar." First Readin@: Second Readin,v: 7 Adopted by the @ouncil of the City of VirPini2 Beach, Virginia, on the 14#- day of I ) 1969. ?n motion by Mr. Cromwe7l, seconde,7 by l@r. FerreZZ, an(, by recorded vote as fozzows: Aye: Mayor Frank A. Dusch, l'ic-e Alayor I?obert B. Cromw 7Z, Tr., AZ@ert L. Bonney, Sr., George P. FerreZZ, D. I,!urraY "aZZ)on, 7o7in W. 7. CUI,tis Payne, G. Dewey Simmons, Jr., EarZ M. TebauZt, and Ke-nn,,-tlz I,,. Whi:tehurst. Absent: Lawrence E. MarshaZZ -city Counciz approved the Ord,@nance to mend Section 10-3, Virgi@Zia 13each City Code, with respect to service of substitute judges of the k@unicipaz and JuvcniZe and D,m,,ti@ PeZatio@@-- Courts. AN ORDINANCE TO D c'7@C-IION 10-3@ TI VIRGINIA BEAC Ii CITIZ 'CO" WITII !'E- SPECT TO SERVICE OF STJTZ@'ITITUTE JUDCES OF THE@ liUNICIPAL A@ID JUVE- NILE AND DOIMESTIC RELATIONS COURTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 That Section 10-3, Virginia Beach City Code is hereby reordained and amended by the addition at the end thereof, of the following paragraphs: "The substitute judge of the Municipal Court may serve as substitute judge of the Juvenile and Domestic Relations Court, with per them compensation for such service. "The substitute judge of the Juvenile and Domestic Relations Court may serve as substitute judge of the Municipal Court, with per them compensation for such service." Adopted by the Council of the City of Virginia Beach on the day of 10,69. On motion by Mr. Whitehurst, seconded b?@ M-r. McCombs, and by recorded vote as foZZows: Aye: Mayor Frank A. Dusch, Vice Mayor I?obert B. CromweZZ, @Tr., AZbert L. Bonney, Sr., George R. FerreZZ, D. @rray MaZ on, To;in W. McCombs, ". (@'urtis Payne, G. Dewey simnons, Jr., EarZ M. TebauZt, and genneth ii. Wh,,'tehurst. Absent: Lawrence E. MarshaZZ City CounciZ approved on second reading the ordinance to provide fees for the disposaz of refuse. ordinance P7o. 270 r,- m AN ORDINANCE TO A@TEND TIIE VIRGINIA BEACII CITY CODE BY TIIE ADDITION OF A SECTION TO li,LPOSE FEES FOI@ TIIE DEPOSIT OF REFUSE AT CITY DISPOSAL AREAS IN CERTAIN CASES BE IT ORDAINED BY niE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Beach City Code is hereby amended by the addition of a nw subsection as follows: "Sec. 17-22.1. Fee for disposal of refuse. Any firm, corporation or individual desiring to deposit garbage or refuse at any city disposal area, when such garbage or refuse was collected froin sources outsi(le the City of Virginia of garbage or refuse so discharged. The Director of Publie Works, in conjunction with the Director of Finance, shall provide such scale.s, and collection procedures as they may determine to be necessary to ensure the efficient collection of the fee hereby imposed; provided flirther, that the Director of Public Works shall have authority to establish categories of waste that are unacceptable for discharge." First Reading: Second Reading: Ad y the Council of the City of Virginia Beach, Virginia, on the day of L./I-l 1969. On motion by Mr. FerreZZ, seconded by Mr. Bonney, and by recorded vote as foZZows: Aye: Mayor Frank A. Dusch, vice PIayor .'.?obert B. CronveZZ, Jr., -AZbert L. Bonney, Sr., George R. FerreZZ, D. Illurray 14aZbon, John W. P!cCombs, T. Cu-,tis Payne, G. Dewey Sirmons, Jr., EarZ M. TebauZt, and Kenneth 17. Wh@tehurst. Abse?tt: Lawrence E. MarshazZ City CounciZ approved the Ordinance to zmend the Budget ordinance for the fiscaz year 1969-70, by the addition of the words ",,Xcept in the ca.,e o@ SchooZ Board empzoyees" at the end of section 10 of said ordinance. AN ORDINANCE TO AMEND TTIE BUDC@VT ORDINAiNCE FC)R TIIE FT'CAT, YEAI), got, 1969-1970, ADOPTED AY-RIL 23, 1969, ENTITLED "AN ORDINANCE IIAKINC APPROPRIATIONS FOR THE FISCAL YEAR BEGINiNING JLILY 1, 1069, AND ENDING JIJNE 30, 1970, IN TliE SU@l OF FIFTY- NINE MILLION, FOURTERN @IOUSAND, T140 JIUNDRED SFVE,,qTY-ElGliT D01,LARS ($59,014,273.00), AND REGNA@'ING THE PAYIMENT OF MONEY OUT OF THE CITY TREASURY." BE IT ORDAINED BY THE COUNCIL OF TITE CITY OF VIRGINIA BEACH, VIRGINIA: I That Section 10 of th@ abo,e entioried Budget Ordinance is hereby amended by the addition of the words "except in the case of School Board employees" at the cnd thereof. Adopted by the City Colincil of tlie City of Virginia Beach, Virginia on the day of 196c.l. On motion by Mr. Payne, Seconded by Mr. Sirmons, anL' by recorded vote as fozzows: Aye., Mayor Frank A. Dusch, Vice Alayor Robert B. CromweZil Jr., AZbert L. Bonney, Sr., George R. 'FerretZ, D. Alurray I!aZbon, Tohn W. McCombs, T. Curtis Payne, G. Dewey Sirmons, Jr., EarZ M. TebauZt, and Kenneth N. Whitehurst. Absent: Lawrence E. Marshalz City CounciZ approved the folzowing Ordinance to mnend Ordinance 251, to redescribe the Virginia Beach, Ly-nnhaven and Princess Anne P@quito ControZ Districts. AN ORDINANCE l'O AMEND ORDINANCE 251, ADOPTED FEBRUARY 10, 10,69, IN ORDEP TO REDESCRIBE THE VIRGINIA BEACH, IOT LYNNHAVEN AND PRINCESS ANNE MOSQUITO CONTROL DISTRI.CTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That, Section 21-4 of the Code of Virginia Beach is hereby amended to read as follows: The Virginia Beach-Lynnhaven Mosquito Control District shall include all of the area within the Boroughs of Virginia Beach and Lynnhaven. 2. Ordinance 251, adopted February 10, 10@69, is hereby amended to read as follows: "Section 21-5. The Princess Anne Mosquito Control District shall include all of the area included in the following description: A. On all those lots being in the subdivision of Gunn Hall Manor and fronting on Gunn Hall Drive and Gunter Hall Drive. B. On ali- the lots frontiiig on the above-mentioned roads being in the subdivision of Colony Acres. C. The portions of the Boroughs of Princess Anne and Pungo, as follo@vs: The subdivisioris l(nown as Princess Anne Plaza, the sub -division kno@-Ti-i a.,,, Cardin,,il Fstates, as set out in Map Book 50 at paae 23, and the various sub- divisic,ns known as Sandbrid,e i3each, described as follows: Begi.nning at a point where the Atlantic Ocean intersc@cts the riortlierni:tost boundary of the Little Island City Partc in(I ruiinin,@ thence in a northerly direction alon@. tlie Ati@intic Ocean to the southern boundat-y of tlie United States Government Reserva- tion knoi,,n as Dam Necl,; tti(@iice in a we,;tcrly and souther-li direc,,tion follo@,7iiig tlic-, boundary linc@s of the vai-ious su@,divi@3ioii@; knox:n as S,,indbrid,,'e setch to tlie northern t!,)uiid;irv of the l,ittle Island City Parl<; t@hence iii 2ii (,,,i.,3t(@rly direction al-ong the noi-th(,-r-n botincl,,Ir,) o],i-ttl(i Island Pirk to the point of b(-,girinilip." 3. Areas 1, 2, 3, 4, 5, 6, 7, 9, 1.0, and 1.1 is set forth in Ordinance 251 are hereby deleted from any mosquito district. Areas included in subparagraph C were formerly includecl Lynnhaveo-Virginia Beach Mosquito Control District. Adopted by the Council of the City of Virginia Beach on day of 1969. on motion by Mr. McCombs, seconded by Mr. Tebault, and by recorded vote as foZ'. Aye: Mayor Frank A. Dusch, vice Mayor Robert B. CromweZZ, Tr., Azbert L. Bonn@-11 George R. FerreZZ, D. @rray MaZbon, John W. IIccombs, T. Curtis Payne, G. Dewe,,,.i Jr., EarZ M. TebauZt, and Kenneth N. Whitehurst. Absent: Z;aWrence E, MarshaZz City CounciZ deferred the reports of vilewers rezative to czosing portions of f@ between HoZZy R@ad and Arctic Avenue r(,r 30 day,-. On motion by Mr. Payne, seconded by Mr. Sirmons, and by recorded vote as foZZo-., Aye: Mayor Frank A. Dusch, Vice Mayor T?obert B. (.romweZZ, fr., AZbert L. BoY7,n,@@, George R. FerreZZ, D. Murray A!aZbon, John W. A!cCombs, T. Curtis Payne, G. Dewe@ Jr., FarZ M. Tebault, and Kenneth 11. P7h@tehurst. Absent: Lawrence E. MarshazZ City CounciZ approved the foZZowing Res,@lution. ItC 14 R E S 0 L U T I 0 N WHEREAS, by resolution adopted June 24, 1968, the City has requested the construction, and appropriated the necessl,, funds for Project 0060-134-101, PE-101, RW-201, C-501; and WHEREAS, in order to comply with certain regulations of Bureau of Public Roads, an Agreement is necessary between ti City of Virginia Beach and the Virginia Department of Highw@; NOW, THEREFORE, BE IT RESOLVED by the Council of the Ci of Virginia Beach, Virginia: 1. That the City ,4ana@'er is hereby authorized to execi;. for and on behalf of the Cil:y of Virgi.nia Beach, an Agreemc@@ between the City of Virginizi Beach and the Virginia Departi@@ of Ilighways, a copy of whicti is attached, relating to the maintenance of the- project @ifter constructioli; signs; parki,@ changes of design or wicith; and particip,,iti.on in actual co,4@ On motion by @Ir. CromweZZ, seconded by Mr. McCombs, and by recorded vote as fozzows: Aye: Mayor Frank.A. Dusch, Vice Mayor Robert B. CromdeZZ, Jr., AZbert L. Bonney, Sr., George R. FerreZZ, D. Array I,!aZbon, Jo@nn W. McCombs, J. Curtis Payne, G. Dewey Sinnons, Jr., EarZ M. Tebault, and Kenneth N. Wh@tehurs*t. Absent: Lawrence E. Marsha@Z ity CounciZ approved the request to correct the minutes of Zast meeting, to correct 2 manifest cZericaZ error in the caption of Ordinance 23-14. On motion by Mr. Payne, seconded by.Mr. Sirmons, and bu recorded vote as foZZows: Aye: Mayor Frank A. Dusch, 7ice Mayor Robert B. CromweZZ, Tr., AZbert L. Bonney, Sr., George R. FerreZZ, D. Murray MaZbon, John W. McCombs, ,@. Curtis Payne, G. Dewey Si"nons, Jr., EarZ M. TebauZt, and Kenneth ii. Whitehurst. Absent: Lawrence E. MarshaZZ City CounciZ approved an Ordinance to r@,,peaZ a portion of the Ordinance adopted September 9, 1968, rezating to condemnation of Cozirthouse property. AN ORDINANCE REPEALING A PORTION TC 04 OF AN ORDINANCE AUTHORIZING niE ACQUISITION OF FEE SIMPLE TITLE TO ELEVEN PARCELS OF LAND ADJACENT TO MUNICIPAL BUILDINGS AT PRINCESS ANNE couRTHousE BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, in instances of condemnation, awards have been prohibitive, and it appears in the best interest of the City that no further condemnation proceedings be instituted to acquire eleven parcels adjacent to municipal buildings at Princess Anne Courthouse. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That no further condemnation proceedings be instituted by the City Attorney or Assistant City Attorney to acquire those eleven parcels of land described as Lots 6, 7, 8, 9, 10, 11, 13, 15, 31, 32, and 33, "Plat of Courthouse Acres." Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1969. On motion by Mr. Payne, seconded by Mr. Bonney, and by recorded vote as foZzo?@,@-: Aye., Mayor Frank A. Dusch, 7ice A-fayor Robert B. CromweZZ, Jr., AZbert L. Bonn@-. George R. PerreZZ, D. !,Urray @!aZbc@n, John W. McCombs, J. Curtis Payne, G. -7)ew?,7, -Tr., EarZ 1.1. TebauZt, and Kenneth N. Whitehurst. Absent: Lawrence E. P4arshaZZ City CounciZ adopted the fozzowing I?esozution. T-F, #1 R E S 0 L U T I 0 N WHEREAS, the citizens of Virginia Beach have an urgent :,.--ed for services and information provided by the Federal Govern @'it; and WHEREAS, the value of real estate in the City of Virg',:-@.1 Beac h is rising; and WHEREAS, the present facility for service by the Fedc-j-;,:- Government in this area needs further expansion and additi--:.--L facilities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE OF VIRGINIA BEACH, VIRGINIA: That, the Council of the City of Virginia Beach reque@l- that a Federal Building be erected within the City of Virginia ,@:h to provide service to the citizens of this area. That, a copy of this resolution be forwarded to the !-!,@ --,:'Pble Thomas N. Downing, Jr., United States House of Representec'-, First Congressional District of Virginia. On motion by Mr. McCombs, seconded by Mr.- Whitehurst, and by recarded vote as foZZows: Aye: MaUor Frank A. Dusch, Vice Alayor Robert B. CromweIZ, Jr., AZbert L, Bonney, Sr., George R. FerreIZ, D. @,@rray AfaZbon, J@)hn W. 1@IcCom@s, J. Curtis Payne, G. Dewey Sinm(?ns, .rr,, Earl M. Tebault, and Kenneth N. Pfilitehurst. Absent; Lawrence E. MarshaZZ City CounciZ accepted the surpzus bazarice of,.@584, 06.00 from Mr. E. E. BrickezZ, Superintendent of SchooZs, and approved the appropriation of @125,000.00 to the SchooZ Board. On motion by Mr. Bonney, seconded by Afy,. Tebault, and by recorded vote as foZZows: Aye: Mayor Frank A. Dusch, Vice Mayor Robert B. Cro@eZZ, Jr., AZbert L. Bonney, Sr., George R. FerreZZ, D. Murray !,IaZbon, Tchn W. Mc(@m@s, .7. Curtis Payne, G. Dewey Sinmons, Jr., EarZ M. TebauZt, and Kenneth P,. Whitehurst. Absent: Lawrence E. MarshaZZ City CounciZ accepted the foZZowing Zow bids for the Sanitary Sewer - Oceana (West Portion) as recopmended by I,,Ir. A. W. Petty, Director of the Department of PubZic UtiZities; Gravity Sewers A. Stuart Bolling Company $289,025.00 Force Main A and W Contractors $65,000.00 Pump Station Hunt Contracting Company $43,104.00 On motion by Mr. Bonney, seconded by Mr. McCombs, and @y recorded vote as foZZows: Aye: Mayor Frank A. Dusch ' Vice !4ayor Robert B. Cromw,,ZZ, 7r., Azbert L. Bonney, Sr., George R. FerreZZ, D. Murray ilazbon, John W. McComb.-,, I. Curtis Payne, G. Dewey Sirmons, Jr., EarZ M. Tebauzt, and ilenneth N. Whitehurst. Absent: Lawrence E. MarshaZZ iCity CounciZ approved the transfer of @5,000-00 from R,,@erve for Contingencies to the gj budget of the City Sergeant, ard @18,009.00 from Pes r7)e for Contingencies to the office of the.Treasurer for Data Processing Se:rvices. On motion by Mr. Bonney, seconded by Mr. Mccombs, and y recorded vote as fozzows: Aye'. Mayor Frank A. Dusch, 11@ce 14ayor @?obert B. (-rnmweZZ, @Tr., AZbert L. Bonney, Sr., George R. FerreZZ, D. @rray A!aZbon, John W. AlcC(-)m q, T. Curtis Payne, G. Dewey Simmons, Jr., EarZ M. TebauZt, and Kenneth A7. Wh,,,tehurst. Absent: Lawrence E. MarshaZz City CounciZ approved the request of Mr,, C. OraZ L@bert, Jr., generaz Services Director, for a working capitaz fund Zoan in the @rnount of @l(@,000.00 from the Generaz Fund to the Print Shop. On motion by Mr. Bonney, seconded by M-r. MaZbon, an(' b2, recorded vote as fozzows: Aye: Mayor Frank A. Dusch, Vice Mayor I?obert B. CrormieZZ, Fr.', AZbert L. Bonney, Sr., Georgq R. FerreZZ, D. @ray !vazbon, Jolin W. I,!cCombe, j. Curtis Payne, G. Dewey Si=ons, Jr., EarZ M. Tebaul@, and-Kenneth 11. @fi2l:tehurst. Absent: Lawrence E. Marshalz City CounciZ approve@ the awarding of a contract to TaZbot and Associates for the en-a@,neering, studies and dosign of Posemont Foac,7 @ron7 Route 5q to RoZzanc! Road. The City Manager is hereby authorized to enter into Pai,i oovitract. On motion by Mr. FerreZZ, ,3econde,@ y Cro@elZ, and I)y recorded vote as foZZoz,)s: Aye: Mayor Frank A. Dusch, Vice klayor ilobert B. C2,cm oZZ, Tr., AZbert r,. Bonney, @r., George I?. FerreZZ, D. Murra@y i@faZbo@i, T(,I@n W. 7. (,@zirti.,3 Payne, c-,. newey ,7i,@77morls, Jr., FarZ 1.1. TeZ)auZt, and Yc?r,@leth ,,. T@12itehurst. Absent: Lawrence E. A!arshaZ7 City Council approved the abatem6,,nt of thirty-,,Zve (35) connection charges totazing @5,250.00 to the Terry Corporation.(concerning the abatement of certain water connection charges under Section 2 o@ Ordinance 226.) On motion by Mr. Sirm Inons, seconded by mr. Tebault, and by recorded vote as fozzows: Aye: Mayor Frank A. Dusch, Vice @@ayor Robert B. CrornweZZ, Jr., AZbert L. Bonney, Sr., George R. FerreZZ, D. @rray P4aZbon, T@)hn W. J. Curtis Payne, G. Dewey Sirmons, Jr., EarZ M. TebauZt, and Kenneth N. Whitehur'st. Absent: LaWrence E. MarshaZZ city Counci@proved the ResoZution requesting the CitY of No@fozk to make a connection and to furnisFwater through a propose(,l water system Zocated at Virginia Beach BouZevard and North witchduck Road. A i T@IOL,ri!C'J C17Y Oz- TO -!'C)'jG'-' A A'-@ Virginia Beach Blvd., & N. Witchduck Road --Ii TliE Ci-Y G-- B-0 '22 Is i,@ B-,Fc Vir,:Lna, r-l@ ip.. F- is r--o-oz;cd ',-r 1.@e Cl--@Y a _ hi the roqu@ot of Rind indu-,@rie@., Inr- to c--'Iend a =onozed water main '--i acco@--rco @aoi the 04-ty c: V'--@@a B,,P.ch @ "he City of @orfo@', :L-, the ztrz3-@L !:Lztcd aa follows: Na,ne of S-'-,-o of L:Ln@ax hTo. of North Witciduck Road 81, 400 1 15 Ft. Water Easement 81, 480 1 Site Plan, Zavre, Virginia Beacli, all- @.d hc,,-,i cn I Vir, 4/11/@,g by al@ 4 Sre-- orm No. P.U. 36-@lb 1,0@4, T3E IT R@QCLVZL, t",@t C'--y of @7,)rfolk r-rd it he,-eby is, rcc,-,oz@@cd to m@ce a conncc@@ion o- t@-e -,fo-)o,-ed wate- L,4-th the ore-c-.t ra:Lns o-@ sp4-d C@@ty a@@ -','e slid do,-4-.Mation, and unon co7,pletion o,- @lho in-,tnl-lation of @@he -orodoed 7-L-'-ns, to r-,@n@ly WFter @@o conru-io-s ros-,-dl.-z7 '@harcon, 4-@ bein,@ --@nrecr;ly od ilnd a,-rood tha@. tho -,,n,)Iy:Ln, o@' -cid v,,itc-, 'oy @@he C@-ly of "@or-l@olk shal-1 b-a upoi and subjec@@ to t@o ilnd co-d @l-onr,: "he sa'-d L,--ter --,i-ns sh,-11 '-@3 No @ ard to 'ho sa-@-sfac@ion the spec4@ic&'@io-a O' @lho -aid City o@- r@ C)!:,c of the Diz-oc@@or of Pab'@ic Vo-.1@ o.' Z;aid Ci-@y, a@. ro cost to @@@e C4.@y of N,orfol-k. 2. Thal@ the wate@- so sujr)liod r,.id r.-.ains to coisi,-"rs be at tho sa7,a rate now) or ho-c -@e-I c-@----cd 'try t@-la Ci@y of "orfolk to cons=ers b,,yond @@he l@,its of said Ci-6y 3. 7rat all ordinances of thE@ City of and all rul-os and re.naations of '@ha Div@sion of Su,)ply of sa;-d Ci'y, now c.- Yoreafter adopted and Ira,. irto affect, rclatin', to the f-@-n,*-:;hing o.@ water shall apply to '@he supplyin., o.@ wator @@@,-@,,ouzh the z;aid proposed 4. @--.at the sa'-d C4-ty c-@ @@lorj'ol3, shal@)- und,,r no obli.,ation to fur.-.ish ro-@ ThLn i-,:; r-@- -0,4 1--'-d@ @'he @ras,=o w'!! dolivc:7 4-@@o 4d --:.d -f* L;,.-d --ur,-,ly@-,i, o@@ va no c-c c o@- -@' --nc@-I i,,i-I @@l z, -v4-cc t"--e @.a-@-d C'-@@-y cf -n @,@y @'ZY. 5. c3nsu-@, C,@y :'-n @v@rt @hc_-! 'c@ c@)@ n cn --,-o cf r,@@@d C-@-Y to o@ @@he @@he 2aid ^@'@ty i.n the -cn- oil shal'L not havo -u-),)Iy f@r u,,:o i-@S CCrro-,14e ,.,honever tlie C)f w@L@er wL-..- the 6. --a@ frcm t,@@4 ii@@pr Ln@, o-r a-d t-,Ydrt,.-,, s 1.1ey s'- t" t @. 13 y D e y c a ---,3 a c The Ci@@Y of V@-rl,inin shall- of to use -uch ral-,is &---' @y@rt-ts @@or :)i@ wa'.0r, an@ t e,- E-- .1 i ur a. to t'ra C,Ity o,,- -eady @.d reasonr-'-@le Lc3ass to 7. Tha*@ for hydran@@ Lns-11@7-od P@@ t-e rar,,zcs@, o. the Ci-@y G.Z' V:L-Zi-ia @@-c'.i, a r@n@Ial ray,,nont o@- 0.-,.3 a ya&.r for eac@.- *dra- paid @.0 t*@e C4 @y O.- @--ED BY 4ou@@,:L o:, t,,,.a C'-'.Y, @acli, @zy ol- LE-. rf t?@o .'- 'cil On motion by Mi,. Payne, econded by Mr. sirmons, and by recordect vote as fozzob@s: Aye: Mayor Fr-k A. Dusch, vice Mayor Robert B. CromieZZ, Jr., Azb,7rt L. Bonne@, George R. FerreZZ, D. Mu-ay !4aZbon, 7ohn W. ?4'cCombs, T. Curtis Payne, G. DeweL, Jr., F-Z M. TebauZt, and Kenneth Pi. Tvhitehurst. Absent: Lawrence R. 14arshaZz City CounciZ adopted the.foZZowing Ordinance regarding recreationaz equipment. AN ORDINANCI,: @IAJ61@ I'@l- AND USF 01 IT,- @ . WHT-,Rf,'Y\S , ra idly-incrc, p -,Isin@ Lif3c of-a var3-ety of recrf-@aLic7@ equipnient has led to i,,iouliti 118 s tor,2,c, prol)leii@s affec:tir ttle of the city alld th- l@c' Ith, s@lfoty, r@lorals and genel:@il welE@ir@,, L s inhabitaiits, crcatill@ the nec, ty for reasonable regulatio L parking, storage a,id .use' of IIajcr it,,,,!, of such equipment. NO!-', 'il-' IT 0.@D@%Ti@llil-D BY TilE COU-,@r-IL OF TH@@ CI'I'%@ VIRGINIA BEAc-@l, Vl@GI@,,@IA: Secti.oll 1. @Taior i!2nt rjc@filieci @lajor recrc,@it:ic):,@ii eqi-i@p@;,,OI)L, a-13 cicfinccl fc)r till purpos(,,@ s ordinance, in'cll-lclc-, tra\,E@l. t:r,i5-lers, C@lr@pc,!:s ()r COC', i?c@d tetit tr,,ilers, boits anc] bo@,t Crlilers, housel)nats, and the like, and cases or bo:@e"; lised for transp(,]-i v st,,cli equiy,,, recreational equip-@L do(,s I)ot includc, mo'c)i le hOl-@,2S tilci ()t 1,Cr in exces,,; (-)f Sclction 2. t on SLOI--L C@ Lise'. No aiajor recrezit3oi@al e(Ul'. herein set forth. (a) No such equip.,ent r' hall be P,r.cd in any publi.c street or public rigbt of way for rrore t-tian three hcurs; (b) No such ecuipfent shall be used for living, sleep,'@,, or h' Ouse'l-eepin, purposes e.%cept in 10cations lawfully esta,lisn,.q for such ulse. 0 (c1/2,In A-R districts, [lo st2c',' equ,p7.en- 5hall be parked or s or,d in any required varci adj8cent tO a street, nor closer than 3 feet to a,,iv JoL I;.ne. (d) 34 major recreationil eqLli-)-.i@nt b,@ stored only as a use aCCOS-COrY @10 P D! apd EL:bjcct to Lhe (1) No such equipment shall be park6d or stored on any lot except within a building or behind the nearest portion of a building to a public street, provided, however such oquipment may be parked anywhere on the premises for not to exceed 24 hours during loading or unloading. (e) In commercial, business or industrial districts, major recreational vehicles may be parked or stored as accessory uses to principal uses such as outdoor a .utomobile sales, trailer'or boat sales, manufacture and service, @lki@ and the like, subject to the general limitations and require- ments applying to such principal or accessory uses in the district involved. Section 3. Conflicts with other re@ulations. Where there are conflicts between the provisions of this ordinance and other ordinances of the City of Virginia Beacli, the provisions set forth herein shall govern. Section 4. Enforcement. This ordinance shall be enforced by the zoning administrator or his agent. Mr. NichoZson BoZZman, representing a co7wittee to aid water safety, appeared before Council and submitted a report regarding water'safety and the need for improvement. Mrs. EZton Wood, Pinewood Gardens Civic League,and Fure@a Park, and Lynnhaven ViZZage, ippeared befo@CounciZ asking CounciZ to get a park for the chizdren of these areas -lo use as a pzayground. On motion by Mr. McCombs, seconded by Mr. TebauZt, the meeting was adjourned. Richard J. W9,on, City CZerk Frank A. Dusc?h, Mayor City of Virginia Beach, Virginia .TuZy 14, 1969