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HomeMy WebLinkAboutJANUARY 26, 1970 C\ MIN[ITZ,'S O@' THE IIONOT?,4BLIP CIT.Y COIJ@ICIT, OF THE CII'Y OF VIRGIN.Tll "EACII, VIRCIP71A January 26, 1970 The reguzar meeting of the Council of tlze City of Virginia Beach, virginia, was heZd in the CounciZ Chambers, in the Admi?iistration BuiZding, in the Borough of Priiicess Anne, on P4onday, Tanuayy 26, 1970, at 10:00 o'czock a.m. CounciZmen present: Ilayor Frank A. Dusch, Vice P!ayop I?obert B. CromweZZ, Jr., AZbert L. Bonney, Sr., George T?. PerreZZ, D. Murray l,aZbon, rawrence E. AIarshaZZ, John W. llcCombs, J. Curtis Payne, G. Dewey Simmons, Tr., EarZ @'. TebauZt, and Kenneth N. Whitehurst. CounciZmen absent: None The invocation was given by I?everend 11. A. White of the Charity !,Iethodist Church. On mot@n by Mr. Bonney, seconded by 14'r. Simmons, and by unanimous vote, City CounciZ approved the Pinutes of the meeting of January 12, 1970, and the reading of said 14inutes dispensed with, inasmuch as each Councilman had a copy of said Minutes before him. -T.TEM #077 motion by Mr. TebauZt, seconded by Mr. P!cCombs, and by unanimous vote, City 2 CounciZ approved the appropriation of @125.00 for the City's share of a salary increase for 14r. RonaZd P. Hammers, on second readi@,7. TTEI,l #On motion by Mr. Whitehurst, seconded by !@r. Bonney, and by unanimous vote, City 2028 Council approved the appropriation of @533,650.00 to the Bureau of Refuse DisposaZ for operating costs for the fiscaz year ending June ZO, 19?0, and for a capital outZay and site acquisition, on second readinq. ITEM # Mr. Thomas BroyZes appeared before City CounciZ requesting a correction of a dedi- 2029 cation of right of way in the 14inutes of Octo@er 13, 1969. On motion by Mr. MarshaZZ, seconded by Mr. Bonney, and by unanimous vote, City CounciZ corrected Item #960 (appzication of the American Health Services, Tnc. for a change of zoning and a use permit subject to City water and sewer, the require- ments of the Site PZan Ordinance, and a dedication of right of way of twenty-five feet (25') azong the three hundred ezeven and sixty-five hundreds feet (311.65') more or Zess frontage on the southern property line for the proposed road as ap- proved and adopted in the Great Neck Study. 17'El,l On motion by Mr. McCombs, seconded by Mr. Bonney, and by unanimous vote, City 2030 Cc)unciZ a[,pro?)ed the fol @ing rdinance appointing viewers reZativ6@ tl?(@ (?Io@@ing of a portion of Old Pacif,@c Avenue in the Rudee TnZet Area. OPDTNA@.,'Cj,, APDOTIT'.CII\'(', T71TT'PT-,AS, the, of )@\DA TT,,7\T@,J-,P LAIT(-,T,.-Y @in,l @. A. l@,7\P7,- ]l,.-ivE,, (T,,tven (3uc .in(i r)ror)er notic(,, iii @ccor@,,in(,- i,7ith th(. for -ucli ciscs ma(l@ ir)cl t)rovi(ie(l, thtt tli(,,,, ,7oul(I on thi@ (,,?V Inply to th(' Cit'/ COuncil of tlle City of \Iir(Tini,-). Boicli, @7ir- ginia, for th, apt)ointment of Viov!err, to vi.(,,,, tl,(., PrOT)(,.rt@7 (inci rcT)O.I-t in iiri.ti.n(f tc) th(, (7otincil i-n tlic,. opin- .ic)n nf iiiy, tnl if iny, x,7h,-it, i.n(-nnv(,ni-('.nC('. rortion ()F Avc"'IICI, i-n T,ornu@Tli, Citv of @Tir(lirii Vi-rqi-nil, Inrl 1),IV(, fil-lrl @,ucli AT)r).I-icAt---ion i,,.itj, th, Council; NOT,I, TTTE: T' 'O'r., Tll' -T.T O@T)ATNT,r) T3Y TITR, (',OIJNCII, OP T117 CITY r ,)P That C72arZ(,,@, Kizeu ,r. David Norm(zn and @@Ir. T,,Ior@7i Petty ,Ire berehy apnointo-(l t() ',il, tl,e bel.ox,7-describeci propfrty an(I re- r)ort in @@,riting tO the Council on or before Fci)rupry 23, l@'-)70 1,7h--tllor i.n tlleir opinion any, and if any, o7hat, incnnvcnience wouic reF,ti.l.t frr)m tlie O,-iscont-,i-nuincr, closing and vacatin of tliit cert,).ir norti-on of Pacifi.c A@renue, locateo in the Borough of @7ircrinia Re,;,ic@, Cit.,,, of @'irginia P(,-ach, virginia, and described as follo"Is: BEGINNING at a noint on the lbrth side of Third Strcet, 53 feet 1,7estof Rudee Boiilevard, and froir. said point ..T Deqinnina , 97.8 feet to a point; thence Tqest 5c fep_t- to i I)Oint; thence South@,7est 106.3 feet+/- to a. point7 tl,ence East 84.5 feet+/- to the point of Beginnina. SAID PROPERTY beina a nortion of Pacific Avenue, I-.)ein.Cf forTn.erly used (no@,7 untised) as slown on tha,t certain Plat entitl(,.d, OP Pp,-OPr.PTY,LOT,-, 4-5-6 & PARTS OF 2-3- 10-11-12-BLOCK D T,ocated Detween 3rd and 4th Strects, Virginia Beach Borough, Viraini-a Beich, Va.," Scalc: l@' = 50', dated Septemhr-,r 1, 19()7, ilacle -by T@T. P. (,allur), Slirvevor. I On motion by Mr. ilocombs, seconded by Mr. Bonney, and by unanimous vote, City 31 Coun,,,il appro?,,@d tize foZZowing Ordinance appointing viewers relative to t7ze czosing of a portion of Arctic Avenue in the Shadow@n Ileights area. -O--R-DI--NA-N--C-E--A-PP-O-I-N--TI--NG --- V -1 -E 11-1 E-- -R S- ----------------------------- WHEREAS, SYLBA CORPORATION, a Virginia corporation, has give] due and proper notice, in accordance with the statutes for such cases made and provided,thatit will, on this day, apply to the Cit, Council of the City of Vikginia Beach, Virginia, for the appoint- ment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said viewers,any and if any, what, inconvenience would result from the discontinuin of the hereinafter described portion of Arctic Avenue, in Virginia Beach Borough, of the City of Virginia Beach, Virginia, and has filed such application with the said Council; OIZ')AIt@J@1) 2Y TTIE COUNCIL OF Tl'r, CITY Or VIRGINIA BEACH, VIRGINIA, That, are hereby appointed to view the below-described property and re- port in writing to the Council on or before 23, l)7u whether in their opinion any, and if any, what inconvenience would result from the discontinuing, closing and vacating of that certai portion of Arctic Avenue, located in the Borough of Virginia Beach City of Virginia Beach, Virginia, and described as follows: THAT PORTION OF LAND, in Virginia Beach Bo- rough, City of Virginia Beach, Virginia,be- ginning at a point on the southwestern corner of Fourth Street, also known as Winston-Salem Avenue, and from said point of Beginning, One Hundred and Fifty (150) feet South to a point; thence East Fifty (50) feet to a point; thence North One Hundred and Fifty (150) feet to a point and Fourth Street; thence along Fourth Street, Fifty (50) feet, to the point of be- ginning. SAID PROPERTY BEING a portion of Arctic Avenue, undeveloped, as shown on that certain Plat en- titled, "MAP OF SHORE ACRr--S, PROPERTY OF SHORE ACRES, INC., VIRGINIA BEACII, VA.", made by Jno. M. Baldwin, C. E., September, 1925, and re- corded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 7, at Page 112. On motion by ?lr. McCornbs, seconded by Mr. Bonney, and by unanimous vote, City Coun(.,iZ approved the folzowing Ordinan,?e appoi@iting viewe2,s rezative to czosing a 12-foot right of way Zoeated on the goutiz si(le of Denney Lane in t7ze EempsviZZe Cc)rner area. ------------------------------ ORDINANCE APPOINTING VIE'VIERS --------------- ---------------- WHE-REAS, PEOPLE'S BANK OF VIRGINIA BEACH, a Virginia cort)or- ation, has given due and Proper notice, in accordance with the statutes for such cases made and provided, that it will, on this day, apply to the City Council of the City of Virginia Beach, Vi ginia, for the appointment of Viewers to view the below-describc property and report in writing to the Council whether, in the op ion of said viewers, any, and if any, what, inconvenience would result from the discontinuance of the hereinafter descri]Ded Joi.nt Twelve (12') Foot Right of @lay, in Kempsvill.e Borouqh, of thc,, Cit of Virginia Beach, Virginia, and has filed such Application with tlie sai(i Counci.] OE" Tiiyl Ci, y OF VTROITITA BEACIT, VINGINIA, That, l@'7d Noyn,(, n a@7(i m@r l@71 7,,?,ttLl are hereldy appointed to view th, bel-Oli-described prop,rt,@ port in writing to the Council on or before 23. @ihether in their OPinion any, and if any, what inconvenie result from the discontinuing, closing and vacating of thatcertai Joint Tt,7elve (121) Foot Right of T,@Tav, located in the Borough of Kempsville, City of Virginia Beacli, Virginia, and described as fo lows: THAT PORTION OF LAND in Kenpsville Borough, City of Virginia Beach, Virginia, beginning at a point on the South side of Denney Lane, 57' Northeast of Kempsville Road; tlience Southeast 70 , to a point; thence Northeast 121 to a point; thence North@vest 70, to a point; thence Southwest 12t to the Doint of Beginning. SAID PROPERTY BEING a Joint Twelve (12') Foot Right of Way as shown on that certain Plat, entitled "PROPFRTY OF CLARA D. FIAMILL-LORRAINE DENNEY & VERA DENNEY, LOCATED IN KEMPSVILLE- PRINCESS ANNE COUNTY, VA.", made bv l@7. B. Gal- luP, County Surveyor, June 23, 1952, and re- corded in the Cl(-,-rlc's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 308, at Page 323. ITFII On motion by l@Ir. Idar,-haZZ, seconded by Mr. CromweIZ, and by unanimous vote, City ,9033 CounciZ authori2ed the City llanager to execute a Zetter of understanding with the Terry Corporation in regard to certain sewer Zines to be instaZZed in Pembroke M@,adows. The import of the agrepment was that the City would recognize t7lat the Ter.?,y Corl)oration wao signing under protest and that the City, should there be Zater Zitigatio@2, wouzd not raize the defense of the statute of Zimitation. On motion by 14r. FerreZZ, seconded by Mr. McCombs, and by recorded vote as folZow,-,: 034 Ayes: llayor Frank A. Dusch, Vice Mayor Robert B. CronmeZZ, Jr., AZbert L. Bonney, Sr., George R. FerreIZ, D. Murray AlaZbon, john W. @l(-Combs ' J. Curtis Ilayne, G. Dewey Simons, Tr., EarZ ),V. Tebault, and Eenneth N. TilhitehilrEt. IVot Voting: L@rence E. AlarshaZZ City CounciZ approved submission of a BIZZ to the City's reprcsentativ(,s in the Vi@(linia (,enoral Asseml)ly @;hi(-h wouzd empower the govcrning bodies of cities and countiel- to require contributio@?s made 7zece,3sa2ly I)y thc,, SuZ)di?)isio7,i of reaz est(zte. O@'i @170tio)? by Alr. Whitehu,-,it, se(-,o@ided by 1@ir. llazl)on, and Z)y zaianimous vot(.,, CiNy 0 1-1) Cou@7ci7, approved the folzowing a toLaZ of "97P,.;55. TO: Mr. I]Lirry T. tfart,-Ii@tll, City Attorncy Dat c FROM: Mr. V. A. Etli(!ri(Ige, Tretsurer SUBJI-'CT: AI)plicatioli for T;lx Refuiids: Ilic foll.owiiii, tl)l)licat:ions for r(,ftiiid of ttxes tol@ililig are cc!rtificd for 1),iynieiit, ,Is s(,t fortli bcl V. A. l,'tlicridi@@ Trc@,istircr 'J'ickc!t 1,0: Mr. 11(iri-y 7. Ma,sliall, City Atto ley I,-ROM: Mr. V. A. Ire(istlye7, Dale Jan. 16, 1970----- ,SUBJECT: Apl)lic(ilio;z for 2 ax R(@fi (1,@: 7'17,e folloiving al)l)zic(lliolzs foy rcftoz(l of lczxes iolaliiig $ .356. C-4 pay) iciil, as selforili bclow: 7 IL -3 70 37 q 7 7-@ - - -i-c-T ai Above O@i moti()tl I)Y Alr. ll'cr,,3ha@Z, ococ,nd(,,(,l I)y iil'. and by una72imous 7)0t(,, @'7,t@f 2036 C,r)un(@@iz (zr)proz@(@d thc f(,,Zlo ing n PC,'Iatiie tc, putting ?@p pozit-z,,,az boarc@,,@. .The reguzar meeting of the CounciZ of the City of Virginia Beach, Vi@qinia, wao liezd in the (@'ounciZ Ch(@mbers of the Administration ui7ding, of the City of - Virginia Beach on lionday, ,Tanuary 26, 1,970, at 10:00 a.m. On motion by Mr. MarehaZZ and seconded by Pir. Ilc.Coml)s, the folzowi@ig resozution wao unanimouszy adopted. R E 0 T V T I 0 N WHEREAS, numerous cnadidates have Petitioned for the ezection of city counciZmen@ and WHEREAS, it is recogni,-ed that mary of these candidates d,?-,ire to pza,e politicaZ biZIboards at various points throughout the City to attract the attention of voters; and WHEREAS, the Code of the CitY of Tirginia Beach prescribes a procedure for obtaining the necessary permits for the erection of signs; and - WHEREAS, these procedure,, require approxiniateZY sixty clayr, to be carried to co7VZetion; and WHEREAS, the CounciZ does not desire that candidates be unfairzy burdened in their endeavor to seek ezection. NOW TI],-6RL'rORI., BE -TT RESOLVR@,D By T E COUNCIL OF TIIF Cliy Op VTRG N A F 11 -T -T BACII, VIRGINIA: That the CounciZ interposes no objection to the erection of pozitical signs without the issuance of a permit in areas other than re@@identiaZ, muzti-family, or moteZ districts. BE -TT L,-UPTIII,@,',, 1,ESOLVED, that the (,@ounciZ recogni.?.C',,q t7iat it can not by this re@,olution waive the requirements cj' state @ with respect to the erection of On Pub7ic py,operty or pubzic rights of way; and L?E IT RL'SOIVLn, that it i,@ the dc8ir, f tliis CounciZ that any signs - erected as a resuzt of this reso7utio72 be re?noved by the Priday after the (,-ompzetion of the prirnaz@y ez,?ctio in April. @,7u,?,(-,oosfuz candi(lotes sh(277 be permitted to leavc their sign- until the Friday af@ter the datc? of Ceneral, FZe(?tion, Tu7je 9, 19@0. A@?d th(2t tho ta7,,(? On niotion lY @,!i, 'iP@nons, scoo@ic7c?d I,,,j i4 @'lzlllon, and PO,@7 (,Il)pro,),,d the /,ion f.czati,- vot(?, ('nuno!,Z itnproveinent,@ y th-, tat , y tIL, CitY'@- i?z tiz,,, t(-)ta,@ 1)(-,,Partmc?y@t. R (("2(' t IV('OK c)(z(f, -1@clutc,' )15) Tho regular meeting of the Council ol the CitY of Virginia Beach$ Virginia, was held in the Council Chambers 0 Administration Building of t@e city of Virginia Bea f the January 26, 1970 ch on Monday, . at 16:00 O'clock A.M. the fOn motion bv Mr. gimmozs and seconded by mr. p,@, I b,,,, ollowing re-solution was unanimously adopted: R E S (,c -@@) WHEREAS, the Department of Highw-ys ha's indicated its willingness to initiate the improvem,nt of Great Neck Road (Route 615) in the City of Virginia Beacki; and WHEREAS, the contemplated improvement is urgently needed and is in consonance with the Southeastern Regional Master Transportation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the Department of Highways and the Federal Bureau of Roads are hereby requested to program the surveys, planning, acquisition of right of way and construction of the improvement of Great Neck Road (Route 615) from Virginia Beach Boulevard to its intersection with First Colonial Road. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay fifteen percent (15%) of all survey, planning, right of way, and construction costs of said project$ and the necessary funds are hereby appropriated for that purpose. AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees that if such project is established and Virginia Beach decides at any time not to proceed further with it, then, by this resolution, Virginia Beach agrees to reimburse the Highway Depart- ment for 100 percent of the cost incurred for said project, up to the time of its abandonment. 'o r,,o ol/ VO on rnotio7z by whi t3hu-t, seconc,7(,,d by @ir. 1-fali)on, and by rec()r(7,(-Id vot,., fol 102@s: Ayes: @layo2, Frank A. Du@,ch, Vice @layor Feobert B. Cronwcll, ir. -, IIZI)crt L. [3onne@y, S2,., Gco?lge /?. P'crrell, 1). 1,@urray @!a7bon'Joh@? W. 1@cCombs, J. Curtis P@fyie, G. [)c?,)ey ,girmnons, 7r., L@arl l@. Tebault, a@?d Kenneth N. W7itehurst. Absent: LaL@rence I,,. @.lar,3hall City CounciZ approved the transfer of $862.00 from Pe-serve for Contingencies to the City Sergeant and City JaiZ Salary Accounts as foZZO&)S: t' (Accourit #6032) Ci' @er 'a"@.O. of City Sergeant 105 Impn. - $ 84 125 Compensation of Dep@ty City Sergeant's 329 170 Compensation of olfice Assistants 28 TotaZ City Sergeant $441 @t Jail: (Account #6110) 144 o@ensation of jailors, matrons & cooks @421 Grand Total $862 T V('Tl,'D O?@ ALL o@7 motio 7,y I'! 24na @@,rnoz@s v te, cil,?l PO"19 Y' O('co ded ly L)?f 0 (,'Ollllell approve(i an c,,asement of r!3,lt Of b@ay o'? l@,O(,Zd fo2, th(, L'Iectric and Po@)er Cornpany, as ;hob)n o, Vl,,'Dc,,) Pzat Ivo. [?/w P,1995. T'711@ ,Al On motion I)Y Mr. Ho@lnc-Y, i3e,,,d,d by Mr. @!cCorr,!,3, and @,,y u@?ani 7,10te, Cit?, coun(27@'Z ?o appoii,,ted Dr. hlc)zru to serve on tlie fillinc, t'he uncxpired term of -,i @,'M On motion conded by lir. A!albon, and by iinanimous vote, City counolz 2041 appointpd, to serve on the la7,nin,7 Co@@.ipslon filzing the unexpired Bro?,)n. Pis te@n wiZZ expire Dec mb2r 31, 1970. ITE,,',l On motion by 1@. Payne, seconded by @,ir. AlarshazZ, and by unanz'MO2cS vote, City ('Ounciz 204P appointed Plr..Herbe t Iloir and Mr. Ralph to serve on the Princess Anne four years beginnZnC IanUary 1, 1,970, and 6 ITEAI On motion by Alr. CroffmelZ seconded by 1@Ir. ?@arshall, and by unanimous vote, city 2043 Council appro7@ed the foZZowing ResoZution requesting the City of PlorfoZk to ma@e a conrie,-tio7i cznd to furnish water hrough a proposed wat,,,r system, Zooat d at ia-@,e E@a-rd lioith, Section One, Bayside Borough in the ci ty of fli@qinia Reach. LAKE EDWARD NORTH, SECTION ONE, BAYSIDE BOROUGH Lake Edward C@@poration 1:@ Lake Ed@,?rd,No@th, Section One,,Bp _ypide Borough Atterbury Court 4" 216 - Banbury Court 4" 426 - Caxton Court 4" 426 - Dodington Court 4" 426 - Ershire Court 6" 332 - Fanshaw Court 4" 270 - Gower Court 6" 40 1 4" 470 - Hampshire Lane 8" 1410 1 liampshire Place 6" 1056 3 Water Line Plan Lake Edward Nortli Section One dated Novembor 10, 1969 ni@ lit i-4 Mrr. K a d Mr. P'rank Peter.,@ appeay,ea before City CounoiZ a?id diocus,@ed tlic drug probZ,,, On motion by I!r. A!cCombe, seconded by Pir. 'I'ebauZt, the mceti?@g acijoup ed. Richar Frank A. Dusc '@ayor City of V rginia Beach, Virginia ,Tanuary 26, 19@o