Loading...
HomeMy WebLinkAboutDECEMBER 14, 1970 CP TFM HONORABLE C= CO@IL OF' THE CITY CE V3:@INIA BEACH, @INIA 14, 19710 'Ihe regular @ting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers in the stration Building, in the Borough of Princess Anne, on Nbnday, 14, 1970, at 2:00 p.m. The-invocation was given by end B. @,71and, St. Aidan's Episoopal Church, Virginia @ch. Cbunci@ present: H. Callis, Jr., B. 11, Jr., Frank A. Dusch, F. Reid Ervin, C-eorge R. Ferrell, D. Dt=ray @@n, Vice @tayor Earl M. Tthault, Floyd E. Waterfield, Jr., and @r Donald R. Rhodes. Councihr,en absent: Clarence A. Holland and J. Curtis Payne. @- #2774 On motion by @cihiian Dusch, seconded by Counciln-an laalbon, and by recorded vote as follows: Ayes: Councilmen Robert R. Callis, Jr., Robert B. Cramell, Jr., Frank. A. Dusch, F. neid Ervin, George R. Ferrell, D. T.A=ay Malbon, @7ice P4ayor Earl !4. Tthault, Floyd E. Ilaterfield, Jr., and @@r @nald H. Rhodes. Nays: None Absent: CouncihTen Clarence A. Holland and J. Curtis Payne. City @cil approved the -@utes of the @a-r Ifeeting of Nov 23, 1970, anc3. the reading of said m@-utes dis,@ed with, inammch as each Councilman had a ccpy of said twmtes before him. ITEII #2775 Mayor Rhodes presented the follr@ Resolution to Robert @inan and F Pankowski. The regular meeting of the Council of the City of vir 3,-n3,.a 9 Beach ' Virginia, was held in the Council Chambers of the Adminis- tration Building of tlie City of Virginia Beach on @-@@r IA 1970, at 2:or) @.Tn. On motion by Mr. and seconded by Mr.@,@i-n the following resolution was unanimously adopted. R E S 0 L U T I 0 N WHEREAS, on October 14, 1970, John N. Nichols of Cedar Rapids, Iowa, was swimming in the surf at Virginia Beach when he became un- able to overcome a strong outgoing tide carrying him from shore; and WHEREAS; the wife of Jolin N. Nichols upon becomina aware of her husband's,dangerous plight sought assistance and aid for her husband; and WHEREAS, Robert Newman and Edward Pankowski, without hesitation and without regard to their own personal safety, responded to the plea for aid, and swam a distance of 300-400 yards, towing an air mattxess, to the aid and'rescue of John N. Nichols; and WHEREAS, the said Robert Newman and Edward Pankowski, their own lives in jeopardy, remained with John N. Nichols, until safely aboard the Virginia Beach Fire Department rescue craft, a period of forty-five minutes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the Council of the City of Virginia Beach takes pleasure in extending its praise and sincere appreciation to Robert Newman and Edward Pankowski for their unquestioned bravery, heroic actions and willingness to risk their lives in the rescue of a fellow man. BE IT FURTHER RESOLVED, that the Clerk is directed to spread a copy of this resolution on the minutes of this days meeting. im #2776 On -tion by Counci@ Ferrell, seconded by Counci@ Callis, and by recorded vote as foll@7s: Ayes: @uncihm Pobert H. CAlliS, Jr., P B. 1, Jr., Fr-ank A. Dusch, F. Reid Fxvin, Georqe P. Ferrell, D. m,=ay malbon, Vi-ce mayor Farl ti. TL-bault, Flcyd E. @Taterfield, jr., and M_ayor Donald H. Rhc)des. Nays: @ne Absent: Counci@ Clarence A. Holland and J. Curtis Payne. City Council approved on second reading an approt,)riation in the amount of cts554.00 for publication of a let pre by e g Fo s , t ent pam- h pared th @ cu r@ tee itled tY Pesources for Drug Abuse and Related Problems". #2777 On rnotion -Comci@ Dusdi, seconded by Counci@ Waterfield, wO by recorded vote as follows: Ayes: Counci@ Rcbert H. Callis, Jr., B. CraWell, jr., Frank A. Dusch, F. Ibid , George R. Perrell, D. Ma=ay MzU=, @7ice @yor Earl M. Tthault, Floyd E. Waterfield, Jr., and P@r ronald R. Phodes. Nays: None Absent: Comci@ Clarence A.'Holland and J. Curtis Payne. I CLty CcFLmcil appr(yved on second reading an increased fee for the processing of purchase perrrlits for firearnis and wea@ns frcrn $1.00 to 93.00. This new fee is in line with what other cities are charging in the area we brings it into line with the fee charged for concealed weapons perniits which require a able amount of work. #2778 on rnotion by CouncihTian Malbon, seconded by Councilmn DLisdi, and by reoorded vote as follcws: Ayes: Counci@ Robert H. Callis, Jr., Robert B. Cr@ir, Jr., Frank A. Eusdi, F. Reid Ervin, ceorge R. F=ell, D. nirray Malbon, Vice Mayor Earl M. Tebault, Flcyd E. Waterfield, Jr., and Mayor Donald H. @es. Nays: None Absent: Counci@ Clarence A. ITolland and J. Curtis Payne. City Council approved on second reading an appropriation in the @t of $16,000 fc,r the purchase of 2.667 acres of ].and located in the P@ Gardens area for recreation and park purposes. ($G,000 - per acre) =1 f-2779 On motion by CouncilTnan Malbon, seoonded by Cbuncilmn Ervin, and by recorded vote as follcws: Ayes: CcYL=i@ Pobert H. Callis, Jr., Robert B. CraTwell, Jr., Frank A. Dusch, F. Reid Ervin, C-eorge R. Ferrell, D. 7turray Malbon, Vice @layor Earl M. Tebault, Floyd E. Waterfield, Jr., and M-ayor Donald H. @es. Nays: None Absent: Oc)Lmci@ Clarence A. Holland @ J. Curtis Payne. City @cil def=ed the foll@g apT)Iication for a use,T>ennit until the ccm- pletion and adoption of the @rehensive Sign Control d@ce. Application.of G. De@ey Simmons for a Use Permit to construct a 12-foot by 25-foot signboard on certain prop-.rty located on the East side of North Great Neck Road beginning at a point 522 feet more or less North of First Colonial Road. (Great Nec", tianor Area). LY@l[,IHAVE@@l BOROUGH. The Planning Coni..qission recommends dcnial of tliis application as it vias felt that this Great tleck Area vias pririiarily resideiitial in character. #2780 On rnotion by Col.=i@ Mlbon, secorided by Cm=i@ Ervin, and bv recorded vote as foll@: Ayes: Cm=i@ H. Callis, Jr., B. 11, Jr., Frank A. Dusdi, F. Reid Ervin, George R. Ferrell, D. M=ay @@n, 'l--Lce %yor Earl M. T-ebault, Floyd E. T,-7aterfield, Jr., and Mayor Doriald H. @es. Nays: None Absent: CaLmcibyen @ence A. Holland and J. Curtis Payne. City 1 deferred the foll@ a@lication for a iise t until the pletim and adoption of the Cmp ive Sign Control ce. Application of Cardinal Sigh Corporation for a Use Permit to construct a 50-foot by 12-foot signboard on ce@tain propert@lo ated on the South side of Dean Drive 1161 feet East of Dean Lane. (Lynnhaven Park Area). LYNN- HAVEN BOROUGH. The Planning Commission recommends approval of this application #2781 yx. @herd Dr@, jr., Atto-ey, a ed - behalf of the applicants, on motion by Q=ci@ Callis, seoonded by counciinw M@n, and by r-rded vote as follaqs: Ayes: Counci@ t H. Callis, 7r., Robert B. 11, Jr., Frank A. DLmch, F. Reid Ervin, George R. F=ell, D. Murray Ila@n, Vice @4ayor Farl M. Tthault, Floyd E. Waterfield, Jr., and @layor Donald H. -Phodes. Nays: Nme Absent: Counci@ Clarence A. Holland and J. Curtis Payne. City Council appr-cved the foll@ apolication for a chancre of zoning, subject to City water and sewer as requested by the @th Departw-nt- Applicati66 of HaIrold Jam--s and Stanley Howard by W. Shepherd Drewry, Jr., Attorney, for a @n e of zoning from One Family Residence District (R-1) to Multiple Family Residence District (R-3) on certain property beginning at a point 75 feet tl@-st of Mediterranean Avenue, running a distance of 179 fee-t. along tlie t:or'h side of t-linston Salo.,,i Averue, running a distance of 250 feet along the 1,@les'@er,,i propcrty line, running a distance of 337 feet alohg the Sou-uii side of Terraces Avenue, and running a distance of 200 feet along the Eastern property line. (Shadowlawn Heigh-Ls Area). VIRGINIA BEACFI BOROUGH. The Planning Commission recommends approval of this reques@ subject to City water and sewer as requested by the Health Department. ITEM #2782 on -tion by Councihw Perrell, seconded by counci@ Dusch, ard by recor(q-ed vote as follows: Ayes: Co-ci@ Pcbert Fl. Callis, Jr-, PObert B. Crcnwell, Jr., Frk A. Dch, F. Reid Frvin, Ceorge R. Ferrell, D. "=ay MaLbon, @7ice p4ayor Farl 11. Tehault, Flc)yd E. TIaterfield, Jr., and 1,4ayor I)onald H. Phodes. t7ays; None Absent:, C@ci@ Clarence A. liolland and J. Curtis payne. CitY CO-cil aPPr(yved tl,.e follo@,7ing aLLplication for a chancle of zordm, subject tO CitY water and sewer as r-ested by the @ith Lepartnmt, Application of the City of Virginia Beach for a chanqe of zoninq from Residence DuDlex District I (@,-D 1) to ResiTenc-e STbur a@n 6is- trict 4 (R-S 4) o'n certain property located on the Northi4est corner of Indian River Road and Centerville TurnDike Extended, running a distance of 175 feet along the tlorth side of Indian River Road, run- ning a distance of 550 feet along the @4est SSide of Centerville Turn- p4A Extended, runnina a distance of 550 fent along the Northern pro- perty line and running a distance of 670 feet more or less alona the Western property line. (Avalon Hills Area). KEIIPSVILLE BOR-OUGH. The Planning Commission ;ecommends api)roval of this aDDlication subject to City, water and sewer as requested by the flealth Department. = #2783 Mr. I%Tathaniel J. O:)hen, Attorney, appe@ on behalf of the applicants. Mr. Pobert L. P-ay, representing Talwood Civic Leag-ue, appeared in opposition to the foll@ application. fAr. Bruce W. Challen, appeared on behalf of the Acredale Civic Lea@, in opposition to the follcwinc .f application. Mrs. Jdin Green, adjacent property @er, a@ed in op,,Posit:Lon to the foll@ application. on mtion by @cilman Ferrell, se=O@ b,7 Counci@ Crcrm7ell, and by recorded vote as foll@7s: Ayes: Oc)unci@ R. Callis, Jr., Pabert B. 1, Jr., Fmdl, A. Dusclh, P. Reid Ervin, George R. Ferrell, D. ltwray n, Vioe @yor Earl @',. @ault, Floyd P. Waterfield, Jr., and Mayor Dc)nald H. @es. Nays: None Absent: Councilmen Clarence A. Holland and J. s Payne. City Council denied the following arolicat-ion for a chance of zonincr ard a use permit as extension of @,ercial activity iito the Resiclential zo-- 9 is r@- mature as City @,7ater and se,.,er are unavailable. gbe .@sville Land ITse Plan re cial-office use in 1975-85 phase when City water and s@ would be provided. Application of Roy Lee '!cdaniel and Mable Inez tic-r)aniel for a chanqe of zoninq from Residence Suburban District 4.(,R-S 4) to General Commcrcial Tfs-fr-fct I (C-G 1) and a.'Jse.Pernit for E-Z Haul Rental and Service on certain property beninnin@@t a-point GOO feet more or less Sout!i of Indian River Road, running a distan6e of 200 feet alonq tlie East side of Kcmpsville Road, runnina a distance of 577.67 feet along tile Nlorthern property line, running a distance of 16P.32 feet alona tilc Eastern 'Dro- perty line and runnino a distance of 501.94 feet alonq the Soutliern pro- perty line. (Bonney's Corner Area). KE@,,PSVILLE BOROIJGH. The Planning Co,,@."ission recommends denial of this application as extension of Commercial activity into tt,,e Pesidential zoninri is r)rpmature as Cit'/ watL,r and secter are unavaila@le. T!ie Yepi,,)svillo- Land !'so Plan rc!corr@iLnds Commercial-Office use in 1975-85 phase vihen City @@iater and slwer -foul(] be provided. ITEM #2784 Mr. C=ringtc)n, Dir@r of city Pl@nq, stated that he has a letter on file fzxn the applicant, United Trailer Sales, -Tnc., r@sting witbdrawal. On motion by Councilman Ferrell, seconded by Vice Myor TL-bault, and by reoc)rded vote as follows: ,Ayes: @ciln-en Robert H. Callis, Jr., Pobert B. 11, Jr., Frank A. Dusch, F. Peid @n, @rge R. Ferrell, D. @ay Mlbon, Vice m Floyd E. Waterfield, Jr., and Mayor Dc)nald H. Rhc)des. ayor Earl M. Tthauit, Nays:, None AbS-t: Cbuncilmen Clarence A. Holland and J. cur-tis payne. City Cc)uncil appraved withdr@ Of the foll@g application of United Trailer Sales, Inc., for a change of zonirp. Application of United Trailer Sales. Inc. by Jay M. Ball for a channe of zoninq from Limited Cornercial District I (C-L 1) to General InTus-fr-iaT- Dis-t@ict 3 (tl-l 3) on certain proderty bcqinninq at a point 120 feet East of South Military Hiqhway and 668 feet North of Providence Road, runninq a distance of 130.85 fect alonq tlie Ilorthern proor-,rty line, runninq a distance of 258 feet more or less alono the Eastern pronerty line, run- ning a distance of 126 feet more or less alonn the Southern property line, running a distanc-. of 9-45 feet more or less along the Western property line. KETIPSVILLE BOROUGti. The Planning Denartment recommends denial of this application as the property would allo%@i no room for expansion and poor access @@iould create a traffic problem. rml #2785 on motion by Councilmn Ferrell, seconded by Cc)uncilnian @Aalbon, and by recorded vote as follows: Ayes: Counci@ Rcbert H. Callis, Jr., Robert B. crcrm7ell, Jr., -Prank A. Duscl,,-, George R. Perrell, D. m=ay D4a@n, @7ice -Mayor Earl PI. Tthault, Flcyd E. @llaterfield, Jr., and Ilayor Donald H. Rliocles. Nays: Cc)uncilimn F. Reid Frvin. Absent: Oc)unci@ Clarence A. Holland and J. @s Payne. City Comcil approved the following aoplication for a use @t, subject to City water and sewer as requested @v the Healtli @ t. koproval is further subject to a site plan review by the Planning Departnient prior to the application for a building @t. Application of Thalia Garden Associates to amend thL' ekisting Use Permit from 550 rental units to 591 rental units consisting of 556 apartments and 34 townhouses (-40 additional units), of w[iicli 266 units currently being developed on certain property located on tlie South side of Bonney 'oad and the East and West side of Bogqs Avenue, runninq a distance of 900 feet more or less al'onq the Northern prooerty line of whicli 720 foet more or less is the Soutli side of Bonney Road, runnin(i a distance of 1510 fpet more or less along tlie Eastern pronerty line, runnino a distance of 1?40 feet more or less along the Soutiic.,rn Property line (rlorthcrn property line of Virqinia Beach-Norfolk Express@iay), and runninq a distance of 1910 feet more or less alon the Vlestk,.rn propcrty line. (Tlialia Garden and To,,qnhouse Apartnionts Area3. KE@,IPSVILLE BOROUGH. The Planninn Department recornends approval of thi,; apolication subject to City water and se.,@ier as required [)y tlic,. lfealt!l Per)artr,,ent. #2786 Yx. Page Herbext appeared on behalf of the Woodstock Civic @cjue in @sition to the foll@g application. M.r. San Houstbn, Sr., Ch of the Plannincj, Devel6pmnt and ?-oning Ccnrdttee of the Oouncil of Civic organizations, a. ed in opposition to the fol@Ting application. Cn mtion by (bmcibm Ferrell, seconded by Councilnen DAalbm, and by recorded vote as follows: Ayes: Cc)unci@ Pobert H. Callis, Jr., B. 11, Jr., Frar*- A. Dusch, F. Ibid Frvin, C-eorge R. Ferrell, D. M=ay @lbon, Vice Mayor Earl M. -@ult, Flcyd E. Waterfield, Jr., and Mayor Donald IT.. Rhodes. Nays: None Absent: Counci@ Clarence A. I-.Tolland and J. Curtis Payne. City Comcil deferred the follcwing a li ion for a e of zo d a use p_D ca@ chancr ning an @t for six weeks (January 25, 1971Y in order that the apt_)licant can @t wi@ the School Board regarding the riew school site formula. Applicaiion of G. J. Gulbranson by Owen B. Pickett, Attorney, for a channe of zoninq from Residence Suburban District 3 (R-S 3) and Limited Commercial Di@f@f T-(@t:-21 to flultiple Famil'y Residence District (R-11) and a Use Pomit to construct a'se,4agp pumping station and a Use P(ln'lit to construct 272 Yp-ar@m,-@units on c(-,rtain r)roperti located on the ilorth s d@ @f F@vidence Road and t@le @!est side of Woodstock Eicr@r-ntary School, running a distance of 848 fp-ei along the North side of Providence Road, run- ing a distance of IIJO feet alon(i the ',,lest side of Woodstock Elemntar'v School, run- ning a distance of 558 feet along the Northern property line, and runnina a distance of 1115 feet alona the !4estern pro,"rty line:'sewaqe i)u@-nping station to be located 30 feet @lorth of Provid(,nce Road iiong thi @iestern boundary line of lloodstock Elerv-n- tary School. (Woodstoci, Elementary School Area). KEI@,PSVILLE BO-ROUGII. The Planning Con,.iission recorn-ends approval of this a,,),-)lication viitfi a ,r,.odifica- tion to redLICe the overall density reouest fro.-i'@7? to ?'14 a,,)art..ment units. -she niotion @das furtfior stibject ,-o City t.,,ater aid sei-@or as requestod by the If('-altll Depart@,lont and tlie d,,dication of a 15' drain@i@,e easement on tlio ',!c,,st and @lort@i property lines and ori tfip. East pron,2rty linc a variabl,@ -@lidt@ drainaio easr,,ment no- to exceed 30 fef.,t in ;,,idt@h after additional infor,,@.ation has '@)ecii firnis,@,cd tf@e Engineering Divisio-i. ITIFM #2787 On mtion by cc)uncib= Perrell, seadnded by Cbunci@ Dusch, and by recorded vote as follows; Ayes. Cbunci@ Robert H. Callis, Jr., Robert B. 11, Jr., Frank- A. Dusch, F. Reid Ervin, C@rge R. Ferrell, D. Murray M@bon, Vice Mayor Earl M. TL-bault, Floyd E. Waterfield, Jr., and @r Dc)nald H. Phodes. Nays: None Absent: Cbunci@ Clarence A. Holland and J. Curtis P@e. City Council approved the foll@g application for a use pemdt with an nt to provide for other municipal facilities as r@ed e City. Application of the City of Virqinia Beach, Police Division, for a tjse Po-rmit to expanci existino nolice traininq facilities on certain 'nrod@rty I-dEaf6@- 2400 fect more or It,-ss '@lest of Seahoard Road at the '@@lestern torniinus of Leroy Drive runninq a distance of 393" fect more or less alonri tli@ Soutfiern property line, ruhninq a distance of ;3@5 feet more or less alofi<l tlie Western propert,y lin@, runnin,.i a dis',ance of 2r,50 fect more or less alona tlie @@lort@iern pror)c.,rty line and runninq a distance of 1111) f(-,(,-t more or less alonq t@ie East@rn property line. Said pronerty beinq irreoular in stiane. (tlunicipal Garane and Sanitation Departmcnt Area). PRINCESS The Plannina Commission recorrends ar)nroval of this apnlication @,lith an amendinent to allo%v otlier municiple fi'cilities as reqtiired by th(-, City. T-.utm #2788 Mr. @ington, Director of City Planninq, stated that he has a letter requesting a thirty (30) day deferral from the applicant, @ton Thads Sanitation Distric+-. Mr. Pickrell, Attorney, appeared on behalf of the applicant requesting a deferral. I YIX. t appeared on behalf of the applicant. Mr. Swn Houston appeared before Cmmcil! requ-ting that Hmpton Thads Sanitation District imet with the cduncil of Civic Organizations. on rrk)tion by Council= Ervin, seoonded by Vioe Myor Tebault, and by recorded vote as follows: Ayes: ComcihTen Robert H. Callis, Jr., lbbert B. Crcnwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, D. Murray Ma@n, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., @ Mayor Donald Ir. s. Nays: None Absent: councihten Clarence A. Holland and J. Curtis Payne. City Cbuncil deferred the following application for a use @t for forty-five (45) days to allow the applicant to @t with City Com other interested orgariizations. Application of liampton Roads Sanitation District by Ed,4in Kellam, Attornev, for a Use Permit to construct a seweraqe treatment olant on certain propertv locateT@q3o feet more or less East of Oceana Roulevard, runnino a distancr of 3500 feet mare or less along the South side of Old Dam Neck Road, run- ning a distance of 2600 feet more or less along tl,@e Eastern oronertv line (We@tern property line of U.S. Government, Dam tieck),.running a distance of 2850 feet more or less alonq the Southern nronerty line and runnina a dis- tance of 900 feet more or less along the lelestern Droperty line. (Dam Neck Naval Base Area). PRINCESS All'@IE BOROUGH. The Planning Comission recommends approval of this aDDlication subiect to a dedication of riqfit of viay 45 feet from the center line of Old Dam Neck Road (30 ft. dedication). T=l #2789 @Ir. Patrick L. Standi-nq ,, partner in the firm of T@t & Associates, a ed on behalf of the applicant and read letters from Vice ALtn. Tbvmsend and Capt- Ford @ca@ the Navy's need for trailer parks and other hc)using near Oceana. Yx. Frank Abel appeared in odposition to the following application. Mr. Wallace @th, Attorney, appeared on behalf of Oolonial Realty (brporation asking for a deferral of the foll@g application in order that his clients my have an opportunity to meet iath the applicants. Mx. Douglas Talbot, partner in the film of T@t & Pssociates, apreared on behalf of the applicant. on mtion by oDuncilTnan Frvin, seconded by Councihman -@ch, and by recorded vote as folla@: Ayes: Counci@ Pobert H. Callis, Jr., Pobert B. 11, Jr., Frank A. Dusch, F. Reid Ervin, @rcje P,. Ferrell, @7ice Dlayor Earl D@. TL-bault, Floyd E. TTaterfield, Jr., and Mayor Donald H. Phodes. Nays: None Abstain: CouncihTen D. Plurray Malbon. Absent: C)ouncihTen Claren@ A. Folland J. @s Payne. City @Lmcil approved the folla,7inq eLpr)licaLtion for a chancte of zonincr and a use Po-rmit, subject to Central water and scwer ma a dedica@Lon of 45 feet frcm t e@ cente.r line of liar-per's Poad (20-foot dedication). -The mtion for approval@,ms further subject to a suitabl-e arranq@t with the S@l --@arO. n,@otiatina a school site and subject to desiqn crite-ria for mobile TDarl,:s as re Ed by the Planning @-partmnt prior to the aDplication for a bui 10ing pennit. Application of E. L. Creecti, Ill, for a channe of zoninq from AcTricultural District (A-R) and Limitcd Com.,mercihl Di trict @(-t--L:-?.T to rentral Tn- dustrial District 3 (@1-1 3) and a Use Permit to construct a 275-tinit trailer park on cbrtain pronerty b@i-n@i- c@at a noint lrMO feet more or less West of Oceana Boulevard on the South side of Harpers Road. Par@ 1: Chanae of zoninq from A-R and C-L 2 to ii-I 3: Beeinninq at a oint 1000 -f@f7mo r s s ii p F6- 6@e e-st of Oceana Boulevard and runninq a dis- tance of 20PO feet more or less alonq the @'orthern pro,)erty line of iihich 290 feet is the South side of [4arpers Poad, runninq a distance of 3390 feet more or less alonq tiie 1.4estern Propertv line, runnina a dis'ance of 4@30 feet more or less alono the Souihern Pronerty line a'nd runninn a dis- tance of -9975 feet more or less alonq the Eastern property line. Said proDerty contains 124.48 acres more or less. Parcel 2: Use Permit to construct a 275-unit trailer park: Seqinning at a point 10OT-fe7e.-f m@r or less ',,lest of Oceana Boulevard and runninq a dis- tance of 1480 feet more or less alono the @'lorthern nror)erty line of @ihich 290 feet more or less is the South side of Harpers @oad, running a distance of 1900 feet more or less along tlit- @iestern Dro,,)erty line, runiinli a dis- tance of 1735 feet more or less alonq th('. Sout@,.ern pro,.)erty line and run- ning a distancr, of 132-0 ftet more or less along the Eastern propor',y line. Said property contains 44.77 acres rore or less. (nceana Naval Housinq Area). PRI,'4CESS Ati@4E BOP@OUGII. The Planning DepartmLnt reconv,,iends ar)nroval of this application subject to Central v!ater and sevier and a dedication of 45 feet from the center line of flart)er's Road (20 ft. dedication). Tlie motion for ar)nroval ..tas subject to a suitable arranqlment with the School Board nenotiatinq a school site prior to the Council ,iecting. An'oroval tias further subject to desion criteria for mobile parks as recommended bv the Planning Departpl..nt orior to ihe application for a building nemit. ITEM #2790 W. Bob Lawson, Executive Manager of Bush Developmnt C,orpc)ration, @Ppeared on behalf of tlie applicant and presented a letter fran Vice Aclm. @send, USN, regarding the Navy's need for additional housj'-ng. Mr. Frank Abel appeared before Council indicatincr he is not opposed to the con- struction of housing to assis- the Navy, but he is concerned about the use of federal mneys under FHA 236 and the extension to lines for the Hanpton Roads District Sanitation C@ssion throucrh Oceana Blvd. Mr. Wallace @ty, Attorney, appeared on behalf of Colonial Pealty C-orporation asking for a sixty (60) day deferral so his clients my met with the ap-plicants to clarify certain questions. On motion by Councilnm Ferrell, seconded by Councilman Callis, and by recorded vote as follows: Ayes: Councilmen Rc)bert H. Callis, Jr., Ro-@rt B. -'11, -fr. , Frank A. Dusch, F. Reid Ervin, (,eorcje R. Perrell, @7ice @lavor Farl M. @ult, Floyd E. Waterfield, Jr., and tiayor Donald H. Rhodes. Nays: None Abstain: Councihm D. Yurray Ma@n. Absent: Counci@n Clarence A. Holland ancl J. Curtis Payne. City Council approved the followincj application for a chancre of zoninq and a use r@nut, subject to Central water and sewer and subjec to a dedicatio@ of 45'- frcm the center line of Harper's Road (20-foot cledication). '-Phe mtion was further subject to a suitable arranqement with the School- Board recrardinq a school site. Application of Bush Development Corn. for a chanco of -zoninn from @qri- cultural District (A-R) to flultidle Family P s@idc.,@c@D s@tric-t (P-ii) and a Use Permit to construct 305 townhouses and 323 apartments, totalina 71@ unTt-s, n@certain property located on the South side of qar!)ers Road, beginning at a point 1650 feet I,!est of Oceana Boulevard, runninq a dis- tance of 2295 feet alonq the East@rn orooerty line, runninn a distance of 1300 ?eet more or less alonn tlie @,out@i,,rn nropert.v line, r-unninq a dista-i@, of 1350 feet more or less alonq '@he @lestern pror)prt'v line and runninq a distance of 1,100 feet alonq the @lorthern nroperty line of which 600 feot is tlie South side of Harpers Road. (Oceana tlaval Housinq Area). PPIl"CE@' ANNr- BOROUGli. The Planninq De,Dartment recomriends aporoval of this request sub,iect to Central viater and sewer and subject to a dedication of 45' from the -center line of 9arper's Poad (9-0 foot dedication). The motion vias furthpr subject to a suitable arranqement with the School Board regarding a school. site prior to the City Council meeting. ITEM #2791 Mr. Owm B. Pickett, Attorney, appeared on behalf of the applicants. Mr. WarreTi Littleton asked, that the applicants be requested to participate in the new @ool site fo@a. On motion by Counci@ Callis, secorded by Cbunci@ DLisch, and by recorded 17@',4-- as follcws: Ayes: COmci@ Robert R. callis, Jr., Robert B. Crmvell, Jr., Frank A. -TUs@. F. Reid Ervin, George R. Ferrell, D. M=ay @lbon, Vice f4ayor Earl M. Tthaull-I Flcyd E. Waterfield, Jr., and r-layor Donald H. Rhodes. Nays: None Absent: @ci@ Clarence A. -T-TollaTid and J. Curtis Payne. City @cil approved the follmincr application for a use @t., subject to vater and s@ as required by the Realth Dep t. Application of Charles S. Caruana and Olqa Caruana @v Ovien B. Pickt,.tt, Itt@,,- ney, for a Use Permit to construct 11 apartment units on certain pronertv cated on th@,'4oFfhvi-est corner of Baltic Avenue and ?4th S'reet, runninq o, tance of 100 feet alonq the West side of Baltic Avenue, runnino a distanc@, 125 fect along the Northern property line, running a distance of 1r)o fp@t long t@ie Western property line and runninq a distance of 125 feet alonq North side of 24th Street. VIRGIIIIA BEACH POloun". The Planning Department'recopl.,lends at)nroval of this application subject t@ City water and se%,ier as required by the Health Department. ITEI-I #2792 Mr. Na@el J. Cohen, Attorney, appeared on behalf of the applicant, On rrk)tion by Counci@ Crcnuell, seconded by Counci@ Callis, and by recoro-@ vote as follows: Ayes: OC)uncilmn Robert H. Callis, Jr., Robert B. @ll, Jr., Fr@ A. F. Reid F+/-vin, George R. Ferrell, D. ll=ray t4albon, @Tice @layor r-@l !4. @auj@-, Floyd E. Ilaterfield, Jr., and @layor Donald H. Rhodes. Nays: None Absent: Cbuncilmen Clarence A. Tlolland and J. Curtis Payne. City Cc)uncil approved the foll-c%,7in. plic q ap. ation for a use perniit, @ject to water and s@ as r@irecl by tho Health T)opar@t. Application of Ebbie Enterprises, Inc. @y Thonas C. Broyles, Attorney, for a Use Permit to construct a 110-unit motel on certain Droperty located on thi-EaFt- l@de of Atlantic Avenue between Third Street and Fourth Strp-ct, running a distance of 300 feet alona the East side of Atlantic Avenue, running a distance of 150 feet along the South side of Fourth Street, run- ning a"distance of 300 feet alonq the Eastern nroderty line and runnihn a distance of 150 feet along the 'lorth side of Tliird Street. VIRGI@IIA BE,@CH BOROUGH. I The Planning Department recommends apnroval of this aonlication subiect to City water and seiier as required by the liealth I)enartrient. The Planning Corm-ission recor-.ended the developer give considcration to ex- tend the bulkliead in order to tie into the City bulkhead line. ITE14 #2793 Mr. 7ares M. Pickrell, Attorney, appeared on behalf of the appjicant. Clarification bv @@. Dale ]3imson, Citv Attc)rney, stated that the frontage of 104 feet on 21st street should r@ the same as was requested in the oriqinal application. I On Tmtion by Councihnan Dusch, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: CouncihTen Robert H. (,'allis, Jr., Rc)ber-t B. Crcnwell, Jr., Frank A. Dusch, F. Reid Ervin, Ceorqe P. Fe=ell, D. ?t=ay M-albon, 7ice @4ayor F,,arl M.. Tebault, Flcyd E. Waterfield, Tr., and P4ayor Donald H. Rhodes. Nays: None Absent: councihnen clarence A. Holland and J. Curtis Payne. City Oouncil approved the follcwing application for a use penTLit, subject to City water and sewer as required by the Health Departnent. Application of Humble Oil and Refining Comnany bv lames M. Pic@rell, Attor- ney, for a Use Permit to construct a qasollne sunnly station on certain property lo@afoiftf-fhe Southeast corner of Parks Avenue and the Virainia Beach-Norfolk Exoressiqay Pxit (21st Strcet), runninn a distance of 164 feet along the South side of the Virqinia Beach-,@lorfolk Exoress@iay Exit (21st Street), running a distance of 174.72 feet alonq the Eastern pronerty line, running a distance of 208.97 feet along tlie Southern nroperty line and rtin- ning a distance of 253.04 feet along the Western property line. VI.Rrl"T,@ BEACH BORO[IGH. Thc, Planning Departirent recom" ends apdroval of this anolication subject to City .,iater and sevior as required by the Healtli Denartment. Ttip motion for approval @,ias to amend the frontaae on 21st Street to IA4 feet rath('r than 104 feet to include State prooeriy. Ttie latter action tqas subject to clarification by the City Attorney. ITFV. f2794 Yxs. Eleanore Z. Ilills @- ared on behalf of her own application. CnTrotion by Counci@ Callis, seconded by Counci@ Dusch, and by recorded -te .as follows: Ayes: Councilman Robert H. Callis, J'r., Thbert B. 11, Jr., Frank A. @ch, F. Reid @n, @rge R. Fe-ell, D. M-=aLy Pialbon, Vice tiayor Earl M. @ault, Floyd E. 1,7aterfield, Jr., and Mayor DC)nald ii. RhOdes. NaLys: None Absent: @cilmen Clarence A. Holl@- and J. Curtis Pa@,ne. City Council aporoved the following application for achancre of zoning, subi-t tO C2.ty water and sewer. Application of El(.,anorp. Z. t@.fills for a chanqe of zoninn from flultiplo Family Residence District (R-1) to 'c!o+el-Hotel-@l t@ri@t T,@Hron certain pronertv located on the South side of 16th Street beninnino at a point 1-DO feet East of Arctic Avenue, runninq a distance of 100 fppt alona the South side of 16th Street, runninq a distance of 14r) feet alono the East-rn Dronerty line, run- ning a distance of 100 feet alonq the Southern property l@ne, a,,Id runninq a distance 6f 140 feet alonq the 14estern property line. VIRGINIA BEACII BOP,- OUGH. The Planning Department recorn,@nds denial of this apr)lication as the re- quested use would be in conflict with the Beach Borough Land Usp Plan which recommends multiple-family use. #2795 Mr. Stanley A. Phillips, Attorney, appeared on behalf of the applicant. On -ti- bY @c Dusch, seconded bY Counci@ l@n, and by recorded vote as follows: AYes: @cihten Pobert R. CalliS, Jr., PDbert B. 11, Jr., Frank A. DuSch, F. Reid Ervin, George R. Perrell, D. M=ay @@n, Vice mayor Farl m. Tebault, FlOYd E- Waterfield, Jr., and Mayor I)Onald H. Nays: None Abs-t; COmc@ Clarence A. Holland and J. Curtis payne. City CO-cil aPPr@ the foll@cj aPPlication for a use @t, subject to site pl- reviek by the 1?1-@ T)ep t pr2.or to the ca@on for a buildin(j @t. Application of Viking t' 'otel Apartments, Inc. by Stanley A. Phillips, Attorney, for a Use Permit to construct 30 units to tlie Vikina Motel on certain pro- perty To-ca@@on the South side of 23th Street becinnina at a point 100 feet West of Atlantic Avenue, runnina a distance of 94 feet a-lonq the South side of 28th Street, running a distance of 140 feet alona the Western property line, running a distance of 94 feet alona tlie Southern pronerty line and running a distance of 140 feet alonq the-Eastern property line. VIRGI@IIA BEACH BOROUGH. The Planning Department recommends approval of this application. (COMC FRANK A. DUI;CH CoMiCIr, CMMERS) =@4 02796 On -ti- bY COuncilmm 1,7aterfield, se-n(led by Vi- @r Tthault, and by recc)rded vote as follows: Ayes: Councilmn t H. Callis, Jr., lbbert B. Crcmwell, Jr., F. Re-id @in, George R. Ferrell, D. 1-@rray @4@n, Vice @yor rari M. Tebault, Floyd E. TTaterfield, Jr., @ @layor Donald H. @es. Nays: None Abs-t: Cbuncihren Frank A. Dusch, Clarence A. Holland, and j. Curtis Payne. .C'ty (b-c" denied the foll@ aPPlication for a use @t as the requested uld be objectionable to surrounding pro@ @ers. l (, M a Anplication of Ianot 11. ilihitchurst for a I's(,. Pr it for don kennel on cer- tain property locatnd on the East side of@P--r-iiFcp@-Pnno. P@oad beqinnino at a point 3700 feet iiore or less @@ort!i of @@ortli Stokic r',oad, runninq a distance of 1F)O f(,(,.t alona tf)(, East side of Princ@s@ !@ntle Poad, runninq a distanc@ of 151.84 fort aloni the @lorthern nro,,)P-rt,/ lint,, runnino a distanco. of 17@.7r, feet alona the Eastern property line, and runninq a distancc of 150 fee't alon(i* tlie Sout@ierri prop(,rty line. Pli;@r,(,) BnpouGii. Th(, Planninl Commission recommends denial of ttils anolication as t!ic requested use would b(, oi)jectionabIL, to siirrou!idinn r)ropertv o,.-iii@rs. (MMCnM DUSCH TO THE CC)LTWIL MMFP.S) #2797 Mr. PatriCk L. Standing, partner in the finn of Talbot & Associates, ar)peared on behalfof the applicants. Mr. A. T. Fisher representin_q Broad Bay Oolony, Broad Bay Point, Bay Island Civic Leagues and teniporarily Great Neck I%mr Civic @ague, a.@ared in opposition to the following application and presented a signed petition. Mr. Tcrn McQuerrey a.@ared on behalf of Forrest @ Civic Teacrue in opposition to the foll@ application and presented a signed petition. Mr. A. C. Woodruff appeared on behalf of Great Neck Point Civic T@ague in opposition to the following application. On motion by Counci@ Ervin, seconded by Oounci@ l@n, and by recorded vote as follows: Ayes: ODuncilmn lbbert H. Callis, Jr., Robert B. 1, Tr., Frank A. Dusch, P. Reid Ervin, George R. Ferrell, D. @t=ay P:4@n, Vice flayor Farl M.. -@ault, Flcyd E. Waterfield, jr., and @r Donald H. @-es. Nays: None Absent: (bmcihnen Clarenae A. Holland and J. Curtis Payne. City Council denied the foll@g application for a change of zonincj @as it is not t,ible with the surmunding residential area. Application of W T. 01 d, Jr. and Marqaret Old Parra for a changt-- of zoning from Rural Residence Di.strict 1 (R-@Z 1) aiid Residence Suburf)-an Dis@rict I (R-S 1) to Planned Unit Development (PUD) on certain property located on the East side of tlorth Great @lec@ Road becinning at a point 1200 feet more or less South of Shore Drive, running a distance of 2675 feet more or less along the East side of North Great -.'Ieck Road, running a dis,-ance of 2530 feet @nore or less alonq the Northern 'Droperty line (Frank W. Cox fligh Scilool) running a distance of 1500 feet more or less along the Eastern property line (Western Shore of Broad Bay) and running a distance of 3700 feet more or less along the Southern property line. Plats,,,qith more detailed information are available in the Office of the Departiiient of City Planning. (John B. Dey Elementary School-Frank I-!. Cox Hiah School. Area). LY@'i@l@IAVEN BOROUGII. The Planninq Comriission recorrllnds approval of this application subject to City t@iatlr and setier as required by the Ilealth and a dedication of right of viay 55' froi,i the cc!nter lino. of @'iorth C!reat '!eck @oad (4r) ft dedication) as required by the Depart,@,ient of Comi.-,unity Services. r.M #2798 Mr. Wayne McLesky appeared on behalf of tjle applicant. On motion bv Councilmn ilalbon, seconded by Vice @layorTthault, and by recorded vote as follms: Ayes: Councihmn Tbbert H. Callis, 7r., Robert B. 11, 7r. , Frank A. DLis,-li, F. Reirl Ervin, C@ e . . e rg R Perr 11, D. .v.=ay Plalbon, @7ice Mayor Farl PI. @ult, F].oyd E. Igaterfield, Jr. , and llayor T-)onald IT-. Rbodes. Nays: None Absent: Cbuncilmn Clarence A. Holland and J. @s Payne. City Cbuncil @rovei the following application for a use perndt., subject to City water and sewer as requested by the Health Depar@t. Application of Lynnhav(.,n Buildinq SUDD111 Cornoration for a ';se P@r-@* construct 76 apartment units on cortain nronertv beninning Yf-a feet more or less South of tlolfsnare Poad, runninq a distance of l'-. r,@t alonq the West side of Renency Drive, runninq a distance of 890 fr?,..- the Southern property line, runnina a distance of 1100 feet alona t@., property line and runnino a distance of B37 feet alonq the @lorthern perty line. (Regency Apartments Area). LYtl!lliAVE,'l BOROUGH. The Planning Departmt,.nt reco.@nds anoroval of this annlication st;@-@ t',) City water and sewer as requested by the Health Department. rM #2799 Mr..Alton Butler appeared ori behalf of his @ application. On motion bY (buncilrnan Malbon, seconded by cc>unci@ Dusch, and by vote as follows: Ayes: Councilrren H. Callis, Jr., Fbbert B. 11, jr., @a-,,,- rusch, F. Reid -, ' , George R. Ferrell, D. Murray ! n, N7ice Mayo;: Earl 1,7. Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: Councilmn Clarence A. Holland and J. Curtis Payne. City Council app ttie followincr aloplication for a chancre of zoTi-:Lnc, use pmdt, subject to City i,7ater and sewer aLs recruested by'@e eale. @3 @@,t a-nd d@edi@tion of 451 fmm the center line of Birdneck Pcad (15-foot (i -1 as required by the Dep t of ty Services. qbe aT)Plicant agr@-I -- --@@ict the develo,@t to one-bedmm units as shmm on the site plan. The @or approval is further subject to a site Plan review by the Planning to the application for a building pe .t. Application of Alton M. Butler and Robert ri. !,loore for a chanae o f from Limited-Comercial District 3 (C-L 3) to @lultinle Fa, il@,o-l if, District (R-@,'I) and a Use Permit to construct 36 apartment units o!i i7,@ property located on ti@,ast side of Birdn-ck Road, becinnino at 'i 33.15 feet South of Chinquapin Lane, runninn a distance o@ 131.7 f, the East side of Birdneck Road, runnina a distance of 374.6 feet Northern property line, running a distance of 129.',17 feet alonl r-i property line and runnifiq a distance of 268.3 feet alonq the Sbu-!@,@,-, 'n- perty line. (Birdneck Village Apartments Area). LYN@IIIAVE@L The Planning Department recorriends ariproval of this application t) City water and sewer as requc!sted I)v ti,(., ilealt!l D(-,nartment and a i- @-i C)n of 45' from the center line of Birdneck Road (15 foot dedication) quired by the Depart,.ment of ro@@.,vunity Services. The aonlicant aqr-@ restrict the development to one-bedroom units as sho,,,in on the sitn The motion for approval ijas furtlier su5ject to a site L)lan revic@, Planning Department orior to the adplication for a buildina permil-. ITEM #2800 On rmtion by Cbunci@ Frvin, seconded by @ci@ MaLbon, and bv recor,@ vote as foll@ Ayes: oc)mci@ Robert H. Callis, Jr., lbbert B. @L 7e-ll., Jr., Pr,,r@- l@,sc-h, P. Reid Erv3'-n, George R. Ferrell, D. Tlk=av Plalbon, @7ice @'@r Earl- Floyd E. @terfield, Jr., @ l,ayor Donald R. Phodes. Nays: None Absent: Counciluen Clarence A. Holland and J. Curtis Payne. City Council approved the following application for a 1-ise @xmit, City water and sewer as reauested by the ITealth repartn-ent. Application of Sarah Sadler School of Dance for a Use Permit to onerate a dancing scliool on certain property located on tlie a@st si@e of Birdneck Road and tiorth of Old Virginia Beach R6ad, beqinning at a point 216 feet North of Old Virginia Beach Road and 195 feet more or less East of Birdneck Road. (Woodland Area). LYriNHAVE,'I,BOROUGH. The Planning Department recommends approval of this applicatloh subject to City water and sewer as requested by the Health Department. ITEM #2801 Mr. Grover %Yight, Attorney, appeared or@ bebalf of the aoplicants. Mr. H. L. RoffTnan, president of First Colonial Civic Leacjue, appeared. in opposition to the following application. Vx. Ebrest Sullivan avpeared on behalf of Allenton Civic League in opoosition to the following application. Mr. 14cGruder a ed on behalf of North Allenton Civic @e in @sition to the following application. Mr. Grayson M. Wbitehurst, Sr., ed on behalf of bis own application. Comcilman Ervi-n @e a Tnotion to deny the follwing application. @e being no second, the rmtion was lost. On mtion by Oc)unci@ l@n, seconded by Cbuncilnian Ferrell, and by recorded vote as follows: Ayes: Councilmn Pober-t IT. Callis, Jr., Tbbert B. Crcnwell, Jr., Frank A. Dusch, F. Reid @n, Georqe R. Ferrell, D. M=ay Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., @ Mayor Dc)nald H. Rhodes. Nays: None Abs-t; Cc)unci@ Clarence A. FDlland and-J. Curtis Payne, City CoLmcil deferred the following aPDlication for a change of zoning axid a use permit for sixty (60) days. Application of Grayson tl. Whitehurst, Jr. and @iansards Apartm(.-nts by John E. Sirine and Associates for a chanqe of zonino from Residence Suburban District I (P,-S 1) and Pesidenc,@Li-h6rE-iTn--Ts@tFict ') (P-S "') to '4ultinle- Family Residence District (R-!l) and a tlse Perr-iit to construct 424 apart- ment units on certain property beninni o@a-f-@-D-Ol'nt 1679 feet more or less North of 14ill-0-1,4isD Drive and 325 fect East of First Colonial Road, run- ning a distance of 1221.52 feet along the iff,,stern pronerty linp-, runninq a distance of 1248.32 feet alonq the @@orthern property line and rlinninq a distance of 899 feet along tfic Eastern nrop--rty line and running a dis- tance of 1166.01 feet alonq tfie Soutfiern Droperty line. (General Ylospital of Virginia Beach Area). LY@,@@IIIAVE@'I BOROUGH. The Plannina DeDartment reconnends anproval of this application subject to City -iater and sciier as requested @y the fl@altli Dc!partm,@nt and a dedication of right of ,iay for tlie r)roposed lnlvnnvic,.@i @oad as anproved and adol)ted in the rrL'.at llcck Study along thc Southern prodcrt,t line (?5 foot dedication). The ilotion t-ias furtli(,.r subject to an agret,.,ri'ent wit!i tlie School Board. rM4 #2802 7-s E. @ey @ared on behau of his own appli@ti@. On rnoticn by Counci@ 11, secc,,dd by Cbunci@ @, and by recx:)rded -te as folim7s: Ayes:@uncilTr,en RObert H. @lis, Jr., Ibb--rt B. ell, Jr., Frank A. Dusch, F- @id Exvin, George R. Ferrell, D. M-=ay ma@,,, Vice ,4ayor Earl M. @ault, Flcyd E. Ilaterfield, Jr., and b@r Donald H. @es. Nays: None Abs-t: CO-cil-n Clarenoe A. Holland and J. @s Payne. C'ty @cil -ferred the foll@g a,@lication for a chancle 0-f zoning back to the Planning ccrrmission. Application of James E. Lindsey for a chanqe of zonino from Residence Subur- ban District 3 (R-S 3) to General Co erclat is r ct - (C-G 2) on certain property located on the North side of Newtotin Road beqinning at a noint 1425 feet more or less East of Goodman Road, runnina a distance of 175 feet along the Southern property line of which 70 feet is the North side of Newtown Road, runninq a distance of 614.28 feet alonci t!ie '@lestern pronerty line, runninq a distance of 234.2@ feet alona the riorthern t)ronerty l'ine and running a distance of 465.3 feet alona t!ie Eastern ProDerty line. Said property is irregular in shape. (Bettie F. Williams Elementary School Area). BAYSIDE BOROUG14. The Planning Departrnent recorl-,Mcnds denial of this annlication as the activity would constitute snot 7oninq in a nredominaiely residential area. It t@ias furthcr Pointed Out @)Y the @ommission tliat the requested use for a ftiel oil distribution center t.?o'u'ld crt,.ate a notential hazard in relation to tlie near@@y Bettie F. Willia@ms Elementary School. #2803 14r. Herbert yr@ a@ared - behalf of the ap ,plicant. Ellis P@uni, riresident of @,eview Park Civic ieague, a@ed before @@t for the the afety of the ir s chi c;- en Mrs, Felton, Jr. a@ared before Cllncil to clarify a question propc)sed by MaYor Rhodes. On mtion by counci@ e 1, @nded by vote as follows; ODurici@ r@n, and by recorded Ayes. ci Robert IT @ilis, Jr., lbbert B. Crcnwell, Jr., Frank A. ruscb-, F. Peid Ervin, G-rge R. Perrell, D. P@ay P@n, vice llayor Farl m. 7tbault, FlOYd E. TIaterfield, Jr., and 14ayor r)onald H. Phodes. Nays: I\bne AbSent: COunci@ Cl@ence A. Hlland and J. s payne. City Council deferred the following applicatiln for a change of zoning and a use Permit fOr a Period of two (2) w@. ITEM #2804 Mrs ed before (buncil askinq that the foll@g applica@, on be de:ferred so that she ray investigate tba pos@ilit3.es of havin(j @toric sit@ in i,lle restored. Mrs. ticcianan appeared in ommit.3-on to the follow3.ng application. Yx. Carrington stated that the aty =dd witbdraw the foll application if the O:yLmcil so desired. On rmtion by Counci@ Ferrell, seco@ed by Counci lis, Cal and by reoorded vote as follows: Ayes'. Cbunci@ Rober-t H. @llis, Jr., George R. Ferrell, and Floyd F,. Waterfield, Jr. ' Nays: ODunci@ Robert 13. Crmwell, Jr., Frank A. DLisch, F. Peid @n, D. M=ay ma]-bon, Vice Mayor Farl M. -@ault, and Mayor Donald I-T. @es. AbSent: COmci@ Clarenoe A. Holl@ @ J. s PaLvne. Motion to deny the following application was lost. On mtion by Cbuncilimn 11, seconded by Cbuncilrmn and by reoorded vote as follows: Ayes: ComciLTmn Fbbert B. 7ell, Jr.,, Frank A. Dusch, F. Reid @n, D. @,A=ay n, Vice Mavor Farl M. @ult, Floyd E. !,Taterfield, Jr., and Mayor Donald H. Phodes. Nays: @ci@ lbbert H. Callis, Jr. arO- George R. Ferrell. Absent: (bunciltwn Clarence A. ITolland and J. Curtis Payne. City @cil approved the witb-drawal of the following application to establish a .Historic @ Cultural (bnservation District in @sville. ApDlication of the City of Virainia Beach, Denartment of Planhing, to establish an Historic and Cultural Conservation District (11-C) sunnlement to the existinq General Commercial District 3 (C-G 3), Limited Commercial District 3 (C-L 3), Limite-d Com- mercial District 2 (C-L 2), Residence Subur@an District 3 (i@-S 3), ald Pesidence Suburban District 4 (R-S 4) on certain nroverty located flortli and South of Princess Anne Road, bounded on the Vlest and runnina a distance of 1101.) feet mor- or less aloriq the Eastern Branch of the Elizabeth River, runninn a distance of 1901) feet more or less along the Northern nronerty line, runninq a distance of 1350 f(,.@t more or less along the Eastern property line of inhich 1100 feet more or less is tlip. 'llpst side of Bonney Road, runnitiq a distance of 12r,O fect more or less alono the Soutliern ' nronerty line which begins @@00 feet more or less @-lest of Kempsville Road extendinct in a I,!esterly direction to the Eastern Brancii of t@ip- Elizalleth River. ThL, folloi-yina nror)erty and immediate grounds ire- i.ncluded iri t!ic H-C District: 1. "'aron !iu,,it flouse-; 2. Plcasant fiall; 3. Courthouse and Jail; 4. Saltbox. ThL, surroundinq prone-rti(,s are included in an Historic Transitional Zone as provided for in Section 680.2.2 of the Ordinance establisliinq thp. Historic an(' Cultural Consorvation Dispricts. Plats t@iith morr,, de- tailed infomation arc availa,@le in the Iffice of the Department of City Pla,@ininq. (Kempsville Corner Area). KE!.IPSVILLE BO.POUCII. The Planninq Commission recommends denial of this anplication as various institu- tions have bean offered the on'oortunity to restore t@icst, Iiistoric strtictur(-s. The tremendous financial burden irivolved lias made this tin(fertakinrl T)rohibitive. T.TFM @42805 A Resolution relative- to a L'se Pendt exten(lecl to TexaLco, Inc. was deferred for two weekq. 17W @2806 a@ -ti- by b-ci@ Dusdi, secorided by Cbncilmn @in, and by reoor(q s folic)ws: Ayes: COunci@ Pa@ H. Callis, Jr., p@,t B. @cmwell, Jr., Frank z,. F. P-id F-i., @rg- P. Perr,-ll., 11. @@y Ma@n, @7ice Playor Farl Pi. @,aiii-t- , Floyd E. Waterfield, @7r., and f"'Yor Dnld H. P-@es. Nays.@@ne Abs-t: Cbunci Clarence ITO I an is p 1- arO l @T. @ ayre City Council aclodted the fo-ilx.,inc, Pesolution.relative to clos Circuit Clerk's Of-fice -- s inq holilq-- Pursuant to '3ection 2.1-21, C@e of 17irginia. The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Adminis- tration Buildina of the City of Virginia Beach on December 14, 1970, at 2:00 P. M. On motion by Mr. and seconded by @ Cb_ the following resolution was unanimously adopted. R E S 0 L U T I 0 N WHEREAS, pursuant t.0 Section 17-41, Code of Virginia, an order was entered on December 4, 1970, by the Circuit Court, City of Virginia Beach, authorizing the Clerk of the Circ,it Court to close the Clerk's Office on any or all days made legal holidays under the provisions Of Section 2.1-21, Code of Virginia, pro- vided that the Council of the City pf 'Virginia Beach approve such action by resolution as required in Section 17-41 of the said code. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: e@ That the Council of the City of Virginia Beach hereby approv @he action of Circuit Court of the aforesaid City, which on the fourth day of December of 1970 entered an order, pursuant to Sectic,-, 17-41, Code of Virginia, authorizin.a the Clerk of the Circuit Court, CitY Of Virginia Beach, to close the Clerk's off3'.'ce on an or all y made legal holidays under the Provisions of Section 2.1-21 of the C@-I of Virginia. -ITEM #2807 Cn motion by Counci@ Cr@ll, seconded by Counci@ M and bv recorde,3 v6te as foll@ Ayes: counci@ H. Callis, 7r., Robert B. ell, Jr., Frank A. Duscb, P. Reid Ervin, George R. Ferrell, D. @tl=ay Malbon, Vice 14ayor Earl @l. TL-bault, Floyd E. Waterfield, Jr., and Mayor Doriald H. Rhodes. Nays: Ncne Absent: CounciLTen Clarence A. Holland and J. Curtis Payne. city @cil approved the foll@ applications for tax refunds in the -unt of $2,010.74. F@@@l: tir- V. A. Etlieriere, Trc!z!sulcr J--CT. A@p,@icatioli for T:," Refuiids: f VI l@@! "cr -Cfj,-d --f iir,7 201-0.74 certified for paynient, as set furl*ci below: A. Etheridc!e. Trc!n-@urcr V-. 'kax Tax - Type L'-:ttc @.Ticket -ation Name Year of Ta-.- Paid Base Number No. ally q,@lard F. Lai,7s 1970 Decal 18878 3/30/70. 10.00 Lau,@lilin, The-) 1969 PP 4P-1430 2983 10/29/69 9.60 9.60 britt3n, 1.7ils,)l Truemiller 1969 RE 49@- 6/10/69 1/2 & 2/2 356 12/4/69 61.50 61.SO Credi.t CI)rl i !d ll,)rtServ. 1969 Ri@@ 52129 375 12/20/68 5(,.33 2.pl 59.11, I-:tton, Wi-is')l ruemil.1-a' 1967 -RE @91, ]./2 & 2/'e 35@ 1-1/3/69 39.60 1..018 4.161 45.74 britton, lli-Iso Triic,,m-.*Ll.l,i 19 6 IIE l@30 1/2 & 2/2 3 5 5 10/5/70 @,Z,. 50 .40 1. r@5. -17 I_ James T. 10,70 R- 3 3 r, l@ F, q/1-9/70 7 2 . 3 5 3 2 o, S@11,IUCI Ic"70 l@'I@ /,,,l -) o 6 211,, 5/20/,-,0 23.140 23.40 1- 803 338 6/C,/70 9.84 9. qi+ rose Ilattic 970 Coy, Rutli 19701 RE 314410, 334 6/F;,/70 6.15 0.1-5 ice, Angel.a 19-110 RE 5509 337 6/'C/70 9.f,4 viiie, David 1969 R7@ 2,@119 3 @) 0 6/10/69' 1/2 & 2/ 12/5/69 1941@. 61;i 1 91,@4. vi-ne, David 19701 R' 1 28 r)r)3 1/2 i 361 6/5/70 472.32! I tt72.32 eice, Ilarrv 19-iOi RE 1 38703 417 6/1-0/7b 7 . 79 7.-/0 I9-1-0 R 1-1 --- -12.30 eane, 1.1. P. 1,0,936 140 6/9/76 12.30 re Oil Co. 1970 RE 390,01 389 6/10/70 196.801 1 1 1.96.FIO iTrIm 02808 On Trotion by Oc)uncilman CraTwell, seconded bY COunci Ferrell, and bv recc)rded vote as foll6ws: Ayes: Comci@ t H. Callis, Jr., Robert B. @cniell, Jr., Fr@, A. DLisch, F. Reid Ervin, Georqe R. FLrrell, D. ay @4al@n, Vice Playor Earl M. -@-1t, Floyd E. Viaterfield, Jr., and t4ayor Fbnald H. Rhc(9es. Nays: None Absent: Counci@ Clarence A. -Tioll@ and J. @s Payne. City Council appr(yved the follc7Aing @-inaLnce appoi.nti-ng \7i@7ers (W. W. Fl@-, Jr., C. C.-Carrin@n, and G. L. I-lanbury, II) rcl-ative to closinct a po@- Of E Stre,,-t in @7irqinia Reach T3orougl-i. ORDINANCE APPOINTINF, VIEWERS l@) CON'4ECTION WITH THE APPLICATI ON FOR THE CLOSING AND DISCONTINUING OF A PORTION OF E STREET IN THE BOROUGH OF VIRGINIA BEACH WHEREAS, Barberton, Incorporated has given due and proper notice, in accordance with the statutes for such cases made and provided, that it would on this day apply to the Council of the City of Virginia Beach, Virginia, for the appointment of viewers to view the below describ@d 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 discontinuing of the said portion of E Street, and has filed such applica- tion with the said Council; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that W. W. Fleming, Jr., C. C. Carrington and G. L.Hanbury, 11 be, and they hereby are, appointed to view the below described property and report in writing to the Council on or before January 11 19 71, whether in their opinion, any, and if any, what inconvenience would result from the discontinuing, closing and vacation of a portion of E Street situated in the Borough of,Virginia Beach, in the City of Virginia Beach, Virginia, being des.cribed as follows, to-wit: BEGINNING at a point on the southwestern corner of Barberton Avenue and E Street; thence in a westerly direction along the southern side of E Street a distance of 475 feet to a point; thence in a northerly direction and parallel with the western line of Barberton Avenue 50 feet to a point; thence in an easterly direction and along the northern side of E Street 475 Feet to a point on the eastern side of Barberton Avenue; thence in a southerly direction along the eastern side of Barberton Avenue extend.ed 50 feet to the point of beginhing. And each of the said viewers shall be paid the sum of $ each for such services, which total sum shall be paid by the applicants herein on or before 19-; and it is further ORDAINED that this application be, and the same hereby is, referred to the Planning Commission for the City of Virginia Beach, Virginia, for a report and recommendation to the Council, such report to be made on or before 19 r" f28O9 On mtion by oomcilmm DLisch, seoondecl hi Ccmci@ Ervin, and by recorded vote as follows: Ayes. Counci@ Rob(,rt H. Callis, Jr., @bert B. ell, Jr., @ank A. ru@, F. Reid Fxvin, George R. Perrell, D. P-@-ay @lbon, @rice mayor Farl @l. @ault, Floyd E. V7aterfield, Jr., and @@ayor Donald 11. Rhodes. Nays: None Absent: Counci@ Clarence A. ITolland and J. Curtis Payne. City Council aporaved the follcwincr Ordinance closim, vacatinq are di-scontinuing portions of certd.n streets loca@,. in I'cm. sville, Tynnhave-n an(, Princess 7\nne Borouglif,, \Tircjinia Beacb, Vi-rginia, sham on "I'ap of East-jlorfoLk, Princess 7\=.e On motio@ made by Dusch seconded by Mr. Ervin and by unanimous vote, the following Ordinance was-adopted: ORDINAQCE NO. Aiq ORDINA14CE CLOSING, VACATING AND DISCO-,qTINUliiG OF PORTIONS OF CERTAIN STREETS LOCATED IN KE@IPSVILU, LYNVdAVE-,i AiiD PRIliCESS AN.NE BOROUGiiS, VIRGI141A BEACii, VIRGINIA, SHOWN ON'N,ia OF LAST-NORFO@, PRINCESS ANiiE GO., VIRGINIA" WhEREAS, proper notice that FERE-BEE'S, INC. would make applir-ation to the City Council of the City of Virginia Beach on November 9, 1970, to have the hereinafter described streets closed, vacated and discontinued as pu@lic streets of the City of Virginia Beach, was duly posted at the Courthouse of the Circuit Court of the City of Virginia Beacii, Virginia on October 19, 1970 and at'two public places in the City of Virginia Beacil, Virginia; and WHEREAS, said application was niade to the Council and pursuant to tlie statutes in such cases made and provided the Council on Noveniber 9, 1970, which was more t-iian ten days after said posting of said notice, appointed as viewers to view said streets souglit to,be closed, vacated and discontinued and to report in writing whether in their opinion any and if any, what inconvenience would result from discontinuiiig the same, and said viewers have made said report to tlie Council by their letter prior to Dece@er 14, 1970; and WiiEi@,'AS, the land proprietors affected thereby along said streets proposed to be closed, vacated and discontinued having been duly notified; and WiiERLAS, the City Planning Copuuission has recommended that all of said streets be closed, vacated and discontinued; and WHEI@-AS, it is the judgment of tlie Council that said streets sliould be closed, vacated alid discontinued as recon)mended by the City Plannin,., Goiimission; now tiierefore BL IT ORDAli@D by tlie Council of the City of Virfinia Beacti: Sec@ion 1: portions of c'ertain streets located in Kempsville, Lymiliaven and Priiicess Anne I;oroughs, Virginia !3each, Virginia, as hereinafter described, are hereby closed, vacated and discontinued as public streets in the City of Virginia Beach, Virginia, said streets not,being needed for public use and trav-1, All those portions of tliose certain streets located in Kempsville, Lynnhaven and Princess @ne i3oroughs, City of Virginia Beach, described by reference to that certain plat entitled "@lap of East-i4orfolk, Princess Anne Co., Virginia", dated Nove6Der, 1906, and made by E. C. Foreman, C.E., which plat is duly of record in the Clerk's office of the Circuit Court of Virginia Beach, Virginia, in @lap Book 4, at Page 191, as that portion of 22nd Street extending from a point designated as an extension of the Western property line of Lot 13, in i3lock 70, to the West side of Avenue C; that portion of 21st Street extending from a point designated as an extension of the Western property line of Lot 37, in Block 70 to the West side of Avenue C; and that portion of Avenue C extending from the South side of 22nd Street to the North side of 21st Street. Section 2: - That this ordinance sliall be in effect from and after thirty dayp from the date of its adoption. Adopted by the City Council of Virginia Beach on December 14, 1970. I= #2810 A Resolut-ion relative to the achievements of the @@s Ntolunf-eer Fire an(I PescLie Scruad, Incorporated; f-he Plaza Volun@ Fire and Rescue @cl., Inoo@rated; the KenlD-@ille Volunteer Fire and Rescue Squad, Tnoorpora@; and the Virginia Bea@ Pescue @d, Incorporated; was deferred for tvn The regular meeting of the Council of the City of Virginia Beach, Virgini6, was held in the Council Chambers of the Adminis- tration Building of the City of Virginia Beach, on Monday, December 14P 1970, at 2:00 P. M. On motion by Mr. rvsch and seconded by Mr.Prvin the following resolution was unanimously adopted. R E S 0 L U T I 0 N WHEREAS, the City of Virginia Beach enjoys the benefits of the services performed by the Virginia Beach Rescue Squad Incor- porated, Creeds Volunteer Fire and Rescue Squad.Incorporated, Plaza Volunteer Fire and Rescue Squad Incorporated, Kempsville Volunteer Fire and Rescue Squad, Incorporat6d, which are composed entirely of volunteers; and WHEREAS.'at the annual convention of the Virginia Association of Rescue Squads, held in Virginia Beach, Virginia, in September of 1970, the above mentioned Rescue Squads competed in the events, and demonstrated their outstanding proficiency and ability by winning seven awards in the competition; and WHEREAS, the citizens of Virginia Beach are justifiably proud NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TRE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach extends its hearty congra@ulations to the entire membership of each of the squads, all of whom contributed to this stgnal achievement for their outstand- ing performance. BE IT FURTHER RESOLVED, that the Cle'rk is directed to spread the text of this resolution on the minutes of this meeting. ITFM #2811 On lwtion by Councilnm M@n, secondecl by Councilman Dusch, and by recorded vote as follws: Ayes: @ci@ Robert H. Callis, Jr., Robert B. el.1, Jr., Frank A. Dusch, P. Reid Ervin, Georcre R. Ferrell, D. P-@ay PSa@n, Vice P4@r Earl M. Tebault, Floyd E. 1,7aterfield, Jr., and Mayor Donald H. P,@.es. Nays: None Absent: Counci@ Clarence A. Holland and J. Curtis Payne. City Council approved. a mutual fire fighting assistance agreemnt between the City of Virginia Beach and tlie Naval 7=hibious @e, little Cree-k. @IUTUAL FIPL P!Ci-,I!@" T[IIS AGiZE@11,4E'eri, ,in(le anrl entc-re(i Into t%i-s 20th d,y f November 1970 ly anj ],,etween tiie City o.@ reacb., @IT-@,@nia and-tl-ii;-C@-,i.-i kling OfficeT, @.@aval ATipliibious ',,lase, Little Cr"-'@, Vir@.iniR. n n liiit) ient nnJ por.,onnel .itl-@REAS, eacli of tlie parties @teroto iral tai- 5 O,,r for the stippression cf f,-res itr, O-,1/2n jiirls,licticn an-,' areas, anti V4iEPF.AS, the iarties licreto Ousirr to ai1rticrt t@ fire, rrotectj@on fivailalile in tit,,ir various i,.ttrictr,, -.i5,nncies and rmnici- palities in the event of larl,,e firer or conflal,rttlon,.;, aii@' Viifl'RFiAS, the lands or d,.str4C@t3 or 11- @ ,t, I)artio@ icr(,to -,ire P-ejtccnt or contifnanus so tll@it mutllal as!;i@t@lico in t fire er.,er@eiicy i-q deered fcasible, and it Is trit, lolicy of tli(-- !,Iavy Deartrcnt and o@ thc runicipal- lties or otl)or districts an,, of tlieir govorning t,.o@lies to conclude such agTee,ients w!iercvcr practictblc, arc'. lgiER@, it i-i r@ilitually deeriod soutd, le@irable, practic!lble and beneficial for tlie -ii,-irties to tl)is afrceinent to rcr.,Ier assistance to one another in accordance ivit'i ti,ese tor@-,S; TliEREFORF, BE IT AGRUI'.D P@AT: 1. $4benever it is Jecm(-d advislible b,@ tlio se,)Ior offi.cer of a '"Ire dcp,,irtmcnt ' to a )arty tk) ,i@,rociieiit, or by tllc senior c,,---ficer of any s@icli fire clc,,)artiiciit actiially -,it iny fire, to re@,ucst flre fighting assistance uiidcr tlie tcr.-,,-; of t'@is a,@recncnt, lit', ts aiithorized to do so, gild tho senior o@@lcf,,r op.. dtitv of t!ic fi.re dc@Artnic-nt receivinr, t" raquest stiall fort!iiiitli takc, t',ic; follc,,ijn- action: a. Imnediatoly i.f al)paratii% an(I personnel can I)c spared in reST)Onso to tlic cill. 1). @lint .1,@l I)or.,oiinel Tni(Ilit r,05,t (.,ffectlvcly be dis)lntche,l. c rie exact rJssion to I-e assigneki iTi occordance with tlie Jetalled plans ard rrace@iiircs of C,',,)C'rttion in accorklancc with this agr6ement by the technical heacis of t".!c lire (lepart,.@-nts involvcl. d. Forthv.,itts disp,,itch :-,-ach irparatis and personnel as, in the jud_"ent of ttze scnlor of@@i,-er receivin;,, the call, @'ioiild le seiit, witli emplote,instructi(in fi.,; to tlie r,;-ssion, in accoreance witti tho tqr,,s of tliis agreeinent. Provi,led, lio,.qevt@r, that Wllf)vl ,t c.-ll for assistance is re- ceived by a @@,ivy fire le,)artieiit, it :;@:@.all I'@ referrci at once to the Comnandinp, Officer of tho Activit'Y concernc,], or hi.1 4%ily aiit'iorizee, Dut-..r Officer, @@eirore any cqiiiprent or persorrel is dispatche(l. 2. 7lie reiitierin@I of ,.;,%Istance uitior tlie tcms of this agreement shall not be man(latory, litit thc p-arty rcceivilir tile -(@,q,. t I 1. c@s or assistance should immediately infor,.a tiie rerilcstin)7, --,Crvicp I f , @@or nT)y re ason, assistance cannot be rendered. 3. a. i7acli party to ti)is a$?,reement v7alves all claims against the other party or pa-rties @@or coripensation for any loss, damage, personal injury, or death occurring in consequences o@ t',,,e pcrfor.-,aice o.@ t!iis agreements. b. All services perfo@..icd uiic,er t,.i, a,,reer,,.@nt sliall be rendered without rei..m!@urseTent of citlier party or piirties. 4. The technical hoad of t!ie fire derartment of tlie -re,7,uesting service sliall RSSUMQ @@ull C'@;arte of the operations, biit if he specifically requests a senior officer of v fire department assistance to assijme com- mand, he stiall not, 'Ly reli.iiqu-'@s'ii.n7 corim,,ind, @e relieved of ,Iis responsibil- ity for tlie olcration. Providod, ti@at tho apparattis, nersoi)nel ard equip- ment of t@le a,,,ency retiderinq ttssistance s@@illl be tinder tlie inT,'.Cdiite super- vision of and stipil I)c tl,,e iriile,liate ros-r-onsi!)ility of tlit,- senior o@ipicer of the fire (lep,,trtnent renderinf assistalicc S. 'nie cl@tief firc officers "d personrel of ttio fire departments of bot)i partles to t@,is agreetiont are inv4ted and encoilra5-@ld, on a reciprocal basis, to freqiiently visit eacb (,'ther's )ctiviti(.s for guided fatnillarization tours consi!.:tert iviti@, local security requirc,,I@nts ai,,d, as feasible, to jointly con(luct prc-fire plaiin-'@n,,T insr@ct,@c,@ns and drills. 6. Tlie tec!inical h@-ds of tlie firo tle,)artments of the rarties to this agreer,iciit ,ire aullhcr,,,ed inl (lirected to re(,t and drp-ft any detaile,,i plans and ,)rocedures of o,,)Cratioli necessary to ef@@ectively irplernent titis agree- nent. Sucli rliiiis anci procetitirtr, cf o,,)eiations shall becomo effective tmo-,i -ratiflcation by the .;iiiiatory rarti". 7. This agrocpient sliall teco@me offecti.ve 12pon tl,e date hereof and sball reir,ain in fiill @ rce aiid cf'Cct t ntitiial agreenent of tlie ,O un i , cancelled b partie!-, hereto or @-,y tTi.tttii notico by one I,),irty to th(,' otlier party, piving ton (10) day.-i iiotice of f-ai(i cincellation. IN l"IT14T:SS tlie p.-irti.es lcrett, l@, "o exec@ited tliis apreement at I City of V@ri,,J.nia @i'e'ac@), Vir,,@i@,ia, on tlie e@y and ye.,ir firg) @l-)ove u-ritten. City @@i,,aper Virgi'r,la Icacii, Virf,,inia ,"'IVY OffJce- NIvpl f,iltle @reek, @@irfolk, Virginia #2812 On rnotion by Counci@ Crarwell, seconded by Cbuncilmn Malbon, and b.Y recorded vote as follows: Ayes: Counci@ Robert H. Callis, Jr., Pobert B. 11, Jr., Frarik A. rusch, F. Reid Ervin, Georqe R. Ferrell, D. Murray Mzlbon, Vice Mayor Farl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Phodes. Nays: None Absent: Counci@ Clarence A. Holland and J. Curtis Payne. City Council approved the followinct Resolution for the City of Virginia Beach to join Virginia's urban 12, and appropriated @2,300 as 7/12 of the City's annual pro rata share. RESOLUTTON it appears in the best interest of tbe City of Virginia Beach to join with certain political subdivisions beirig classified as nietropolitian or urban areas within the Cmmnwealth of Virginia for the se of pramoting the interest of the subject political @visions in the General Ass@ly of Virginia. NOW, THEREFOPE, by approval of this resolution the City Council of the City of Virginia Beach has indicated its desixe to participate in the t kncwn .,---as-,Yirginia's Urban 12. ITEM #2813 Cn mtion by Vice Mayor Tthault, seccnded by Councilman Crcrm7ell, and by recorded vote as foll@is: AYes: @unci@ H. callis, 7r., Po-bert 13. CrcmTell, Jr., Frank A. -@ch, P. Reid Ervin, George R. Perrell, D. @,b=ay DiaL@n, Vice !Iayor @l M. Tebault, Floyd E. @7aterfield, Jr., and !,!ayor Donald H. Ph@.es. Nays: Nbne Absent: Cmmci@ Clarence A. Holland and J. @s Payne. City Council auproved the foll(x@, salary changes in the Office of the n- wealth's Attorney, Mr. Andre Evans, in conc=ence with the ation Bo@ 1. Increase in the annual rate of Mrs. Diane Joyce Shafer frcm $4,300 to $4,515, effective Nov 1, 1970. 2. Re@loyffent of Mrs. Mildred IT-. Bor(3.ner at an annual rate of $4,750, effective T)ecember 1, 1970, to renlace Mrs. Richardson, ivho will resiqn effective No 30, 1970. @ #2814 On -tion by Counci@ Dusch, seconded by Counci@ 11, and by record@ vote as follows: AYes; COuncilmn Pober-t H. C,allis, Jr., Ro@ B. rxomell, Jr., Fr@ A. Dusch, F. Reid Fxvin, reorge R. F@errell, D. P4=av @Ialbon, Vice Mayor Earl M.. @ault, Floyd E. Waterfield, Jr., and Plavor Donaad H. Rhodes. Nays: None Absent: CDmcilmn (',larence A. ITolland arxi J. CUrtis PaVne. City Cbuncil approved a certificate of @lic convenience an(I necessity for ?'r. Walt(lx E. Pavev and @Ir. Tohn M. Bracrq to o@rate a new taxicab- ccnpanv u,ithin the City of N7irqinia Beach, initially of four (4) taxicabs. ITEM #2815 On -tion by Counci@ Fe=ell, s-nded by Counci@ 1, and by reoorded vote as follows: 4 AYeS: Cb-ci@ H. Callis, Jr., Pobert 11, Jr., Frank A. Dusch, F. Reid , George R. Ferrell, D. @ay Malbon, lice Mayor Farl M. @ault, Floyd E. Waterfield, Jr., @ MaYor Donald H. @es. Nays: None Absent: (bunci@ Clarenoe A. Holland and J. Curtis Payne. City'Cbuncil ariproved the fo;lowing -solution requesting the ('ity of Norfolk to niake a- tion and to furnish water tllrough a proposed water system, ic)cated at @icho Road, Baysicle ]3orougli. A PPSOLUTION REQUESTIIQG THE CIT@' @@ N--RFOLK To x4AIM -1 CC)jL@l@'CTI'Oiq ATQD TO FURNISli @',rl@,TER TF-ROLTG@'i A PROPC)GEo,') SYSTT-'M, LOCATED AIJ! JERICHO ROAD, BAYSIDE BOROUGH IN T.@-iil C--"TY OF VI,-GINIA BEAr-,,Ii, vUar-l@-R V@7SCRIBED BELO'Xf -. @-REL'S, It is propc)sed by the city of V4.rginia Beach, Virginia, at the request@ of Te Co@ ration of Vi ' ' rqinia to extend E propoeod -..@atax Piain in accortance ,Yith the existing coittract between the City c'.@ Ilirginia Beach and the Ci-ty of klor:Eolk, in Jericho.,@oad.@z!y ,@ide Borouqh in the sti,eets Iiited as follov7s: Name of Size of Lineal No. of Street ts Jericho Road 81, 715 1 all as described and shown ort plan entitled -Plan and Profile ire H r t@ .y a@o Site as pro@@.,rc@, i@'Z,@.-3h and Basgier, Consult-'Ing Engineers Stirveyors, -dated-Novem@er 10, 1970 NOW, THEREFORII, BE IT RESCILVED, "hat the City of Norfolk )e and it hereoy'is, requestt.-d to make a connection of the proposed water n@ains with the present i@,,ins of said City at the said designation, and upon completion of th-- installation of the proposed inains, -o siipply water to consumers residing thereon, it being expressly understood and agreed that the supplyinq of said i@iater by the City of Norfolk shall be upon and sui)ject to@ the following terms and conditions: 1. Th@.it the 3aid i@ater mains shall De installed in accordance with the specifications of the said City of Worfolk and to the satisfaction of the Direc-lor of Pulilic Works of said City, at no cost to the City of -\Iorfolk. 2. That the iiater so supplied through said mains to consumers shall be at the sarie ralle now,. or bereafter, charged oy the City of Norfoilt to consumers beyond t@ie lixnits of said City similaxly situated. 3. That all (-)rdinv.,Ices of the @-ity of Norfolk and all rules and regu'lationsi of the Division of Plater Suppl.y of sai.d Cty, now or here- after adopted and out into effect, relating to --b-e fu rnishing of water shall appin to the suppl.ying of ,rater through t@e said proposed mains. 4. That the @,aid City of Zaorfolk shall be under no obligation to furnish more @iatex than its distribution system as now laid, with the pressure cazr-@ed, Yill 4e!iver into said mairis, and if the sa4d supplying of water sl@all not be in accordance with the standard service, the said City of Nor-l-@ollc sh,@)II not be held responsible in any .iqay. 5. Ttiat in s,-@pplyiiig water to consumers alonq the said proposed mains, the @-'j.ty of 17orfol.k will supply the sa- e only from its surplus 'II supply, and thal. ;i no evetit shall theze be any obliga-lion on the part of ;aid City to suppl,; water to any consun,..ers along t,he proposed wains at iny time ,wl,,en, in :he judge,-lent of the Council o@- the said -4-ty of -\Iorfolk, the said City shal 'I..not have suffic4-ent supply for use with4n its corporate limits, or i,,benever the supplyii@g of said wi@ter shall interfere with the discharge o.' tlie diity of- said Cit@i to supply water to its ovrn inhabitants. 6. Th@2t fro-,n and zi-Iter the instailation o:@ the w@iter mains and hydxants they sliai.; zeccyt,,a the pronerty of tlie '-"ity (')f Virginia L3each, The Citv of Be@ch sliall grant to the City of 4ozfolk the right to use sucli !nains @nd hi, -cizarits fo:c supply oE water, and furth--r grants to tlie City of i@t-ady )r,.d reasonab),,-- accr-.@." to tbem. 7. That for )ny fire taydrant installed at the reauest of the City of Virginia Bc-acl-k, a -enta-i- of T.1ui)dred Doll,:irs ,'$100,00) a year for @ach bci! paid to the --ity of -tqorfoll@. ADOPTFD B@- ,7c of tlie City of virgi.ni@a tllis day of 19 APTI,@VI7D. AT'fFS'I'E - of thc IM f29l6 On mtion--by CouncihTian Ferrell, seconded by @ci@ Cr 1, We I)Y recor@--@ vote as follows: Ayes: Ccxmcihten Robert F. Callis, Jr., Ro@ P. 11, Jr., Frank A. T)i@c", F. @d Ervin, Georc[e R. Fe-rrell, D. Pt=ay Mz@n, @7ice Mayor Farl M. Tebault, Fl Waterfield, Jr., and Mayor Dc)nald H. Rhodes. Nays: None Absent: Cbuncil= Clarence A. Holland and iCurtis PayTie. City Council apprcyved the following resolution requesting the City of Norfoll, to make a connection and to furnishKater gh a proposed water system, loca,,--@", @t Birch@ Professional Building, Lyrmbaven Borough, A R@l,',OLUTION REQUESTIL-7G TIM CITY OF NORFOLK TO M,t,KE A Al@0, T,) W-PITER THROUG@'I A PRO3?C)I-@.E.0 SYITL7M, L@-@Tr@D Al@ BIRCHWOOD PROFESSIONAL BUILDING, VIRGINIA BEACH BDULEVARD, LYNNHAV-RN BOROUGH, :!y, BELC'@p', WIMRB,T)S, It is Proposed by the City of Vir@inia )3eac-1h, vircini the request of Dudlev, Morrisette, Cederquist and Associates to extend @,, propo,--,-d ,@.,ater riain in acco@--daiic@i ilj-t--h the ex-isting c or@ t bet,v,Feen tl,.@, --ity c;c Virginia B,@ach ay.,d the City of Norfolk, ill -Birchwood Professional Building, virginia Beach Boulevard, Lynnhaven oroug]L,--- in ows, iqa7ae of Size of Lineal No,, gtreet eet H (i 10' Easement 6" 470 1 all as described and sho%,,n on plai, enti'uled Birchwood Professional Building - Site Development Plan as preparc!C b- l@,ar@ih a,@id Basgier, Consulting Lnciiieers SLirveyors, dated Auqust 17, 1970 NOW, THEREFORP-,, BE IT RESC#LVED, that the City of tiorfolk De and it here.jy'is, requested to make a connection of the proposed water mains with the present mains of said City at the said designation, and upon completion of th@ ins"allation of the proposed mains, to supplv water to consumers residi.ng thereon, it being expressly understood and agreed that the supp@ying of sai-d water by tlie @-ity of Norfolk shall be upon and subject to the following ternis and conditio:isg 1. That the 3aid water mains shall oc installed in accordance with the specifications of the said City of tiorfolk and to the satisfaction of the Director of Public Works of said Citv, a'- no cost to the City of -Norf6lk. 2. That the ivater so supplied through said mains to consumers shall be at the sanie rate no,,)r, or hereafter, charged by the City of Norfolk to consuiners beyond the lir,,iits of said City sLnilazly situated. 3. That all ordina@,.ces of the City of Norfolk and all rules and regu'@ations of the Division of Water Supply of said City, now or here- after adopted and Dut into effect, relating to the fur-nishing of water shall apply to tbe supplyi.ng of dater tliro-,igh ti'le said proposed mains. 4. That the aaid City of Norfolk sl,lall be under no obligation to furnish more -@,ater than its distribution system as now laid, with the pressure carried, @vill deliver into said mai-ns, and if the said supplying of water shall r@ot be in accordance with the st@indard service, the said City of Norlolk not be held responsible i@-i any way. 5. That in s!ipplying water to @-oiisumers al,ong the said proposed mains, the City of Norfolk will supply the sarlie only fro-in its surplus supply, and that 4ii no event shall there be any obligation on tlie pa,-t of 3aid City to i.;ater to any conzu-mers alona the propoged irains at @ny time tvl-.en, !.ii --he jmegeia@n-I of the Coun-il .)f the said rity of '%oriolk, the said City slia"i-not have suffici.ent supply for use witliin its corpora-e liniits, or the supplyirig o@- said %,rdter shal@'@ interfere with the discharge of the d,ity o@- said Ci.ty to supply @vai--er '@o its ovin inhabitants. 6. That fro--,n and aZtez the j-ns-@allati(:on o.1- the @rater wains and hydrants they sliai.i becciTi3 thz prop--rty of '@lie -,ity o-@' Virginia ae,,ch. The City ol-7 Virginia Be@ch shall grant to the City o' \-'orfalk the right to use such nains and hyc..,Zaiit-- @@ox supply of water, and further grants to the City of Xor:,--olk ready and reasonablo acc@@ss to them. 7, That ft:),- @@iiy fire hydrant insteilled at the re-quest of the City of Virginia Beacli, a. -@ental payTe-,it o- C,,io .1-Ii.,ndrc@d Dollars @$100,00) a year for each hydraiit siiall be pai.r) to tlie City of I.,Iorfolk, AD',)PTED BY T' kTC of the city of YVg.,ni.a B,-,ach, Virginia this day of i 9. I)cf APPROV,-D. ATTESTE. Clerk 0 1 t, ,Atici@ I 92817 On mtion by CouncihTan Ferrell, seconded by Councihnan 11, and by reoorded V,Dte as follcws: Ayes: Councihnen Robert H. Callis, Jr., B. @@ll, Jr., Frank A. r)usch, F. Reid Ervin, Georqe R. Ferrell, D. Murray @ialbon, @7ice @lavor Farl M. --Tault, Floyd E. Waterfield, Jr., and 14ayor Donald H. Rhodes. Nays: None Absent: Councilmn Clarence A. Holland and J. Curtis Payne. City Council approved the following resolution re,7uestinq the City of %rfolk to make a connection and to furnish water through a proposed water system, located at the Mini @Iall on South Lynnhaven Road in the City of Virginia Beach. A RESOLUTION REQUESTING THE CITY OF NORFOLK to make a connection and to furnish water through a proposed water svstem, located at @he Mini Mall on South Lynnhaven Road in the City of Virginia Beach, further described below: Whereas, it is proposed bv the City of Virginia Beach, Virginia, at the request of tlie Belo Corporation, to extend proposed water mains in accordance with the existing contract between the City of Virginia Beach. and the City of Norfolk, in the Mini Mall, with pipe sizes and lengths as follows: 432 Linear Feet of 611 340 Linear Feet of 4" 1 Fire Hydrant All as described and shown on plans entitled "Water Plan for Mini Mall - Parcel B, Princess Anne Plaza, Section 21, as prepared by Talbot and Associates, Engineers. NOW, THEREFORE, BE IT RESOLVED, that the City of Norfolk be and it hereby is requested to 'make a connection of the proposed water niains with the present mains of said City at the said designation; ai-id upon completion of the installat4A of the proposed mains, to supply water to consurners residing thereon, it being @xpressly understood and agreed that the supplying of said water by the City of Norfolk shall be upon and subject to the following teri-ns and conditions: 1. That the said water n-lains shall be installed in accordance with the specifications of the said City o@ Norfolk and to the satisfaction of the Director of Public Works of said City, at no cost to the City of Norfolk. 2. That the water so supplied through said mains to consurners shall be at the same rate now, or liereafter, charged by the City of Norfolk to consumers beyozl,l the limits of said City sirnilarly situated. 3. That all ordinances of the City of Norfolk and all rules and regulations of the Division of Water Supply of said City, now or horeafter adopted and put into effect, relating to the furnishing of water shall apply to the supplying of water through the said proposed mains. 4. That the said City of Norfolk sliall be under no obligation to furnish more water than its distribution systern as now laid, with the pressure carried, will deli%,U@- into said mains, and if the said supplyin., of water shall not be iii accordailce uith the standard service, the said City of Norfolk shall not be held responsible in any way. 5. That in supplying water to consumers aloiig the said proposed mains, the City of Norfolk will supply the sarne only froni its surplus supply, and that in no ever-@ ghall there be any obligation on the part of said Ci.ty to supply water to aiiy consun@e -@. along the proposed mains at any time when, in the juclgenient of the Council of the ga@L@@ City of Norfolk, the said City shall not have siifficient stipply for use within its corp(,@ limits, or whenever the supplying of said N@ater shall.interfere @vith the discharge of the duty of said City to supply water to its own inhabitants. 6. That from and after the installation of the water mains and hydrants they shall become the property of the Citv of Virginia Beach. Thc City of Virginia B,,acil@ shall grant to the City of Norfolk tlie right to use SLIch mains and hydrants for the of water, and further grants to the City of Norfolk ready and reasonable access to 7. That for any fire hydrart installed at the request of the City of Virginia B,@@ a rental payment of One Hundrod Dollars ($1 00. 00) a year for cacli liydrant s' all be, r - to the City of Norfolk. ADOPTED BY THE COUNCIL of the City of Vir,,inia Beach, Virginia this day of ig 'Id APPR.OVED: f2818 On rrk)tion by Counc r@n, seconded by Cbunci@ ,TaLterfield, and by recc,,@ vote as follows:' Ayes: Counci@ Rcbert H. Callis, Jt.,,Pobert B. Crom@l, Jr., Frank A. F. RP-id George R. Ferrell, D. Murray @Ia@n, @7ice Mayor Farl M. @-4u-!-@ Flcyd E. Igaterfield, Jr., and Mayor Donald R. @es. Nays: None Absent: CCYLmci@ Clarence A. itolland and J. Curtis Payne. City Council granted a Tnovincr permit to Yir. William Wilson to move a one-stor-, fram residence, 20' x 481, @rcm First Ooloni-al Foad and TTew York Avenue, Borough, to Old V@inia Beadi Boulevard and P@lty Tane, Tot 26, 'Oceana CarC.. Lymhaven Borough. Estimated value after move and renovations, $8,500. 428Ln On iwtion by (buncilmn Ferrell, seconded by Counci@ Pl@n, and by recorrl-,' vote as follows: Ayes- Counci@ Rabert H. callis, Jr., Pobert B. ell, Jr., F-'ranl-, A. F. Reid Ervin, George R. Ferrell, D. 1.1-urray Malbon, Vice t4ayor Earl ti. @aul-. Flcyd E. Waterfield, Jr., and Mayor -Tbnald H. Phodes. Nays: lbrie Absent: Com(-ilmn Clarence A. F.Tolland and J. Curtis Payne. City Camcil r2eferred for @ weeks the reouest of @Ir. Forrest T,,T. Coile, Jr. to move a one-story fr@ resider-oe, 241 x 281 from T\IC,,,7pOrt I'@ tO T,,Test Ta- 4 L Road, property of Olivia J. lbilson, Princess Anne BoroiLigh. Fstimated value after and renovatio@ , $6,700. ITEM- #2820 On motion by oc)uncilman Ervin, secc>nded by Counci@ Ilalbon, and by re-core@ vote as follws: Ayes: (buncilm-n Pobert H. cail,'-s, Jr., Pobert B. CraTwell, Jr., Frank A. F. Reid Ervin, Ceorgp- R. Ferrell, D. 1-@av.M.@n, N7i@ Mayor Earl M. Tthaul@-I Floyd E. Vlaterfield, Jr., and Playor Donald H. Rhodes. Nays: None Absent: (bunci@ Clarence A. Holland and J. Curtis Payne. City Council reaupointed. @ir. John Pa.7ler, StructLiral Fngineer, to the -@iilli - -- Board of Adjustiients are- @ls for a term of one Cll year, @iring Dec@-@-,-- -31-, 1971. ITEM #2821 On rwtion by Oc)unciLTian Malbon, seconded by Vice @layor Tthault, and by recc)r@@ vote ag follows-, Ayes: CounciL@n t IT. Callis, Jr., Robert B. Crowell, Jr., Frank A. F. Reid Fxvin, George R. Fe=ell, D. @lurrav Pla@n, Vice Mayor Earl M. Ttia)il@@,. Floyd E. Waterf ield, Jr., and l@r Dc>nal@ H. PWes. Nays: None Absent: Counci@ Clarence A. Holland and J. Curtis Payne. City (-bmcil reappointed mr. Roy Cxeef, @Ir. T)Orice Cregory, Mr. ITarrv I,. Par', Dlr. Carl L. Cl@istian, Jr., and 7-tr. M. J. (:k,,ens to the Board of Pl@inc,, @,@ , -c- for terms of two (2) years, extdiring Dec@-r 31, 1972 (Mr. Percy Caton-.('it-, nci inspector, service (lilrincr cmploymnt) rM! #2822 On -tion by @ci@ Waterfield, secorided by @cl@ DuSch, and by reoorded vote as fqll(xqs: AYeS: @Ci@ Robert H. Callis, Jr-, RObert 13. 11, Jr,, Frank A. Dusch, F. Reid , C-eorge R. Ferrell, D. 1.@ay MaLbon, @7ioe '@r Earl M. Tebault, Floyd E. Dlaterfield, Jr., and Mayor Donald H. @es. Nays: None Absent: @cihten Clarence A. Holl.@ and J. Curtis Payne. City Council reappointed Mrs. Lee Ke@, Dr. Poy A. @, and Mx. iatres 7dtchin to the School Board for te= of three (33 years, expiring 31, 1973, and aPPC)inted Mr. Leland M. Hood (to replace John Sal=ns) to the Sd=l Board for a tem of three (3) years, expiring 31, 1973. #2823 Cn -tic)n by Cbuncibm M@n, seconcled by (buncihm Ferrell, and by recorded vote as follows: Ayes: Counci@n Pobert H. rallis, Jr., lbbert B. @cm7ell, Jr., -.Prank- A. Dwch, F. Reid Ervin, Georcje R. Ferrell, D. M=av P@- n, @7ice MzLyor Earl M. Tebault, Floyd E. Waterfield, Jr., wA @r Dc)nald H. Phcdes. Nays: Ncne Absent: cdmci@ Clarence A. Holland and J. Curtis Payne. City Cc)uncil ik,@inted @. F. Peid Fxvin (to replace G. Dewev Sinmns) tc) the Ti-deT,7ater Stadium Authority for a term of @ (2) years, expiring December 31, 1972. f2824 On motion by CbunciliTan Waterfield, seconcled by Comci@ Dusch, and by recorded vote as follows: Ayes: Counci@ Robert H..Callis, Jr,, lbbert B. @atwell, Jr., Prank A. Dusch, F. Reid , George R. Ferrell, D. @-@ay @3-bon, Vice ijayor @l M. @.bault, Flcyd E. Waterfield, Jr., and Mayor Donald R. P-Tiodes. Nays: None Absent: Counci@ Clarence A, HollwO and J. Curtis Payne. City Cc)uncil rekt)pointed Mrs. Iouise Allen, Mr. Jmes K. Kontopanos, Mrs. R. B. @es, Mr. C. W, CashTnan, Jr., Mr. R. 0. Freeman, !4r. Charles H. Curl, and Mr. @@on Bright to the Welfare Advisory Board for terms of one (1) year, @ixing De 31, 1971. r= #2825 On -tion by @ci@ Callis, secc)nded by Vice.@r Tthault, and by recorded vote as follows: Ayes: CouncUmn Fbbert M. Callis, Jr., Ro@t B. Cr@ll, Jr., Frank A. Dusch, F. Reid Fxvin, George R. Ferrell, D. P,@ay @4@on, Vice Playor Earl M. Tebault, Floyd E. T,7aterfield, jr., @ @layc)r Donald Ii. Pnodes. Nays: None Absent: Cbuncilmn Clarence A. IT-011@- and J. Curtis Payne. City Comcil reaLDpointed t@s. @ T-Tair@n and M-r- (-'ilbert Smith tc) the Vircrinia Beach ity @lental FTealth and Plental Retardation '3ervices Board for terms of three (3) years, expirincr T-)e 31, 1973. ITE7,4@ f2826 On rnotion by @cibm Fxvin, seconded by @ci@ Dusch, and by recorded vote as follows: Ayes: OorLmci@ Pobert IT. Callis, Jr., B. 1, Jr., -@ank A. Dusch, F Reid Ervin, C-eorge R. Ferrell, D. @@k=ay,Malbon, Vice -Mayor @l M. TL-bault, Fi@d E. Wtrfi@ld, Jr., and Mayor Donald R. Phodes. N6ys: Norle Absent: Counci@:Clarence A. Fblland and J. Curtis Payne. City,Qpuncil reappointed Mr. E. W. Tinmns, @.4r. E. E. Brickell, Dr. Pobert TTaddell, and @. K. A. -Relancria to the @7irginia Beach Highway Safety ssion for terms of three (33 years, expiring Dec 31, 1973, and appointed @ir. Floyd Waterfield (to replace Lawrence @shall) to the Virginia Beach Highway Safety ssion le person r a Cbuncilmn. ITIEM #2827 On niotion by Councilman Ferrell, seconded by Councilrran Malbon, and by recorded vote as follcws: Ayes: Cbuncilren Robert H. (,'allis, Jr., PObert B. Cr@ll, Jt., Frank A. Dusch, F. Reid Ervin, Georcre R. Ferrell, D. Murray tla@n, \Tice Mayor Farl M. Tebault, Flcyd E. Waterfield, Jr., and P4ayor Donald H. Rhodes. Nays: None Absent: Cbunci@ Clarence A. F-olland and J. Curtis Payne. City Council appc)inted @ir. Bnice P@hl, to the @ttee for the National Council on Crim and Delinquency for a term of tbree (3) years, expiring De 31, 1973. rml #2828 On motion by Counci@ Ferrell, seconded by (buncihtian Waterfield.-, and by recorded vote as follows: Ayes; Cc)unci@ Pobert R. Call.is, jr., lbbert B. Crcmwell, Jr,, FranY ;. Dusch, F. @d @in, GeOrge P,. Ferrell, D.,@ay n, Vice @layor F@l M-, @ault, Floyd E. lqaterfield, Jr., and Miayor Donald H. Rhodes. Nays: None Absent: (bunci@ ClarenoLl A. Hollancl. and J. CLirtis Payne. CitY (buncil elected to have closed @tincrs on December 21, 1970 and 28, 1970, to discuss personnel and lecjal @tters, as permit@ by the (-bde of @7irginia. #2820 On mtion by ODuncibmn Callis, seconclecl by Vice @layor Ttbault, and by reCC)rded vote as follows: Ayes: @unci@- ibbert IT. callis, jr., Tbbert B. @,7ell, Jr., Frank A. T)usch, F. Reid avin, @rge P,. rerrell, D. M,=aY Pl@n, Vice @layor Farl M. -Te-bault, Floyd E. 'V7aterfield, Jr., ard @iavor rorald H. Rhcd-.es. Nays: None Absent: Cc)unci@ Clarence A. Holland and J. curtis P@e. City Cbuncil recessed until Dec@r 21, 1970 at 9:00 a.m. At 9:00 a.m., De 21, 1970, City Council reassembled for the recessed ueetinc, of @-c@r 14, 1970. I.Phe roll call of the C.Ouncil indic t f a ed the . oll@7_incr s present, CO-cilmen r)resent: Pobert H. Cal-'Lis, :rr., Po@. B. 11, Tr., Fra& A. Dusch, F. Rei.d Fxvin, ('@rqe R. Fcrrell, Clarence A. Follan(g, D. plurray pia@n, @7ice Mavor r!.arl M. Tobault, Pi.@vd E. TTaterfield, 'Jr., and mayor ronal,9 FT. Rwes. (buncilman absent: J. Curtis P rr-Fm @2830 Cn rr()tion by Counci@ 11, seconded by @ci@ Perrell, and by recorded vote as follm$: Ayes: Counci@ Po@ H. Callis, Jr., Robert B. C'rcmwell, jr., Frank @. Dusch, F. @id Ervin, George R. Perrell, C'.larence A. Holland, D. M=ay t@n, @7ice Mayor Earl M. TebauJ-t, Floyd F,. Waterfield, Jr., and Playor Donald if. Phodes. Nays: None Absent: councilnian J. Curtis payrie. City ANcil authorized the city T4anaaer, Plr. @er qcc)tt, to enter into a contract on behalf of the Citv with Ha@, @,@les, T@ & @rcren0off to mke a sturn to dete@e wbat portion of Norfolk's water systen should be conveyed to an authorit-vl if an when it is created and w-liat the T)resent day value of that t*r-tion of the systEm would be, and at the -saw tme @ determine wlat refuge dlslmsal facilities in 17irqinia Beach should be convwed tc) the authority and th(-- valu'e of those facilities. City (buncil th-erefore appropriated t-he mount of @R,550 as the fee schedule charcred Ly the above firm. C-ity Council also approved the employrrent of the law firm H@ton, Tlilli@ , Gay, P@i to ar th eqal -, -1 & Gibson prep e e 1 T)a@ necessary to establish the authc)rity or authorities anrl to @e their reocnuendation on whether there should be one or two authorities. #28il On motion by Cc)unci@ crm7ell, seconded by C,ounci@ Holland, and by recorded vote as follows: Ayes: Counci@ Robert H. Callis, Jr., Rc)bert B. 11, Jr., Frank A. Dusch, F. Raid E-rvin, Ceorge R. Ferrell, Clarence A. Holland, D. n=ay n, @7ice Myor Earl M. Tebault, Floyd E. 1,7aterfield, Jr., and Mayor Donald H. @odes. Nays: None Absent: Counci@ J. 's Payne. City Council approved the follwinq Ordinance authorizinq an encroa t on public Property for the purpose of cc)nstructing decorative entrance colums as recruested by the @eview Shores Su@liv)-sion. AN ORDINANCE TO P@UTHOPr,.ZE @',N F,.,NCROACH- MENF OVER A POPTION OF 'iHE NOI@ZTHIIEST CORNER OF CULLEN ROAD AND INBEPENDENCE BOULEVAPD BE IT OPDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority contained in Section 15.1- 377, Code of Vir@'inial qs amended, Lakeview,'Boz@ Civic Leag-ue is authorized to maintain an encroachment at the Northwest corner of Cullen Road and Independence Boulevard, Bayside Borough, consistinp, of two bricic pillars, two feet square, bein@ approximately 15 feet apart, settinp, approximately 20 feet from the curb line of Independence Boulevard. The en- croachment auttiorized is for purposes of displaying an en- tranceway to Lakeview .Subdivision. Adopted by the Council of the City of Virpinia Beach.on the 21st day of December, 1970. ITFM 42832 On rrotion by @ci@ T-7aterfield, seconded by @ci@ @ch, vote as follows-. Ayes: CO-ci@ PObert H. Callis, Jr., Pober-t B. 11, Jr., Fra-,'- @,-,ch, F. @id Fxvin,, George R. Perrell, Clarence A. Holland, D. Murr@v Ma@,n, @vc Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor I)onal-d H. Rhodes. Nays: No@e Absent: Councilman@i. Curtis Payne. City Council approved the submission of an arplir-ation for federal fiLr(4--- ',o @.e federal gov@-nt by the Kermsville Iblunteer Fire -@@t. Tle @-.nunt of the application is -@33,000', of wtich 50% i@uld be f@eral fun@ T-ciii-d be P@ided by the Kawsville Volunteer Fire Departrrent to purchase t@@,) -,al-@inces ITEM 02833 Yx. Frank @easy introduced to Cbuncil six of an expected twenty stuOen@-,,, --cn foreign countries, wbo are attending universities throucrhout the @teC These students are spendincr the Christ7nas holidays in Virginia Beach. P-hodes presented each visitor orith a city pin or tie tack. ITEM #2834 City Council discassed at len@ the accluisition by the rwealth o@ ----inia of certain lands south of Sandbridge for the purpose of establishing a Dark. #2835 On motion by Counci@ Ferrell, seconded by Vice Mayor Tebault, and b%, --oorOed vote as follows: Ayes: Cc)unci@ ibbert H. Callis, Jr., RObert B. 11, Jr., Fran'@. @sch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @IL=ay M-a@-, Tayor Earl M. TL-bault,@ Floyd E. TTaterfield, Jr., and Mayor Donald H. @es. Nays: None Absent: Cbuncilnian J. Curtis Payne. City Council ammved e following resolution r-pauesting the City of to th wake a connecti-on to and furnish water through a ,)roposed water sys at James@ at Mdtehurst g Poad,Kempsvil-le- Borough. Form No. P.U.-36-2a A RESOLUTION REQUESTING THE CITY OF NORFOLK TO MAKE A CONIIECTION AND TO FURNISli WATER THROUGII A PROPOSED WATER-SYSTE-1, LOCATED AT Jamestowne at Whitc,hiix,pt [,andi IN TIIE CITY OT VIRGINIA BEACH, FUIITHIM DESCRIBED BELOW: WIIERP-AS, it is proposed by the City of Virginia Beach, Vir@ia, the request of Jamestowne COME)anv , to extend a propo@,@f- .,,I@r main in accordance.with the existing con'@ract between the City of Beach and the City of Norfolk, in Jamestowne at Whitehurst LandinR P-oad in the streets listed a. foll.,,.- Name of Size of Linear of Colony Drive 81' 720 Colony Drive 61, 630 Jamestowne Drive 8" 340 New Providence Road 8" 670 New Providen ce Road 61, 61@O all aa described and shown on T)lan e-ntitled. Jamestowne at Whitehurst Landing goad, Section 1, Sewer and Wat@r Plan as Fe. Q @ d by Baldwin and Gregg Engineers, Norrolk, r inia Form'No. P.U- 36-2b NOW, THEPEFORE, BE IT RESOLVFD, thTt the City of Norfolk be and it hereby is, requestcd to make a corinection of the proposed water mains with the present mains of said City at the said designation, and upon completion of the installation of the proposed mains, to supply water to @consumers residing thereon, it being expressly understood and agreed that the supplying of said water by the City of Norfolk shal.1 be upon and subject to the following terms and conditions; 1. That the said water mains shall be installed in accordance with the @cifications of the said.City of Norfolk and to the satisfaction of the@Director of Public Works of said City, at no cost to the City of Norfolk. 2. That the water so supplied through said mains to consumers sh@ be at the same rate now, or hereafter, charged by the City of Norfolk to consumers beyond the limits of said City sijnilarly situated. 3. That all ordinances of the City of Norfolk and all rules and regulations of the Division of Water Supply of said City, now or hereafter adopted and put into effect, relating to the furni:@;hing of water shall apply to the supplying of water through the said proposed mains. 4. That the said City of Norfolk shall be under no obligation to furnish more water than its distribution system as now laid, with the pressure carricd, will deliver into said mdins, and if the said supplying of water shall ndt be in accordance with the st,@dard service, the said City of Norfolk shal-1 not be held responsible in KU way. 5. That in supplying water to consuners along the said proposed mains, the City of Norfolk wi-11 supply the same only from its surplus supply, and that in no event shall there be any obligation on the part of said City to supply water to any consumers along the proposed mains at any time when, in the judgement of the Council of the said City of Norfolk, the said City shall not have sufficient supply fgr use within its cornorate limits, or whenever the supplying of said water sha-11 interfere wiih the discharge of the duty of said City to supply water to its own inhabitants. 6. That from and after the installation of the water mains and hydrants they shall become the property of the City of Vir@ia ]3each. The City of Virginia Reach shall grant to the City of Norfolk the right to use such mains and hydrints for the supply of water, and further grants to the City of Norfolk ready and reasonable access to them. 7. That for any fire hydrant installed Pt the request of the City of Virginia Beach, a rental payment of One liundrbd Dollars ($100.00) a year for each hydrant shall be paid to the City of Norfolk. ADOPTED BY QQUNCIL of the City ginia Beach, Virginia this Till '-Iy@ day of APPROVED: r]nrIC of tEe-@cil "2R36 On rotion by Counci ,ell, secoryleo by Councilren T-To.11:@, and by r@ro@ vote as follows: Ayes: (ounci@n PO@-rt F. @ilis, Tr- , T'O@. - P,. 7e-3 i., Jr., -ran7,, A. @c-h, r. Reitl @in, (-eorge P. PerrEll ('Iarence P. lioll-@, T). 7@@y Ila.@n, N7ice "P-tvor Farl ri. Tebault, Ployd. P. T,7aterfiel(l, Tr., ancl, ilayor T)onalrl @T. rh@.es. T,Tays: I\bne Absent- (-bunciltnan T. @,is T)ayne. City (bunr-il. defe=@ the fol.lcjwincr a@lication of @brthmmton Associates, for a chancre of zoning an(9. a use t)ermit, until January 1,1, ]C,71. Application of TiorthamDton Associates by John E. Sirine and Associates for a clianqe of zoninq frot,.l Residence Duplex District 2 (R-0 2) with a Ilotel, T u@ri-@a-6-cf ff t@aurant (T-?.) Sunple,@.nt to !Iultiple Family Pesidence r)istrict (R-,'.i) with a '@',otel, Tourist and Restaurant (T-2) Sunplement and a !Jse- Permil., to construct 56 apartm!ent'units on certain property located on the tTo th side 6f Shell Road across from Maharis Poad belinnina at a Point 3?4.76 feet East of the Intersection of Northampton Boulevard an@ Shell'Road, runninq a dis- tance of 430.99 feet alonp the tiorth side of Shell @.oad, running a distance of 253.98 feet aloncl the 'vlestern nronerty line, running a distance of 429.90 feet along the,."orthern property line and runninq a distance of 411.53 feet along the Eas-tqrn nroperty line. (Lakeview Park Area). BAYSIDE BnRo!jGtf. The Planning Denartment recornends anoroval of this application subject to a dedication of right of iiay 30 feet @rom tlie center line of Shell @oad (15 foot dedication) as reqtjested by the Department of Colmunity Services. Ttie application was anproved provided the @lotel, Tourist and Pestaurant (T-2) Supplen@.ent on the requested change of zoning be deleted. ITEM #2837 On rrotion by Oouncib= Dusch, seconded by Vice Mavor Tebault, and by recorded vote as follows: Ayes: Counci@ Pobert R. Callis, O+/-., lbbert B. 11, Jr., Frank A. Dusch, F. Reid , Georce R. Ferrell, Clarence A. Fblland, D. Murray Ma@n, Vice Mayor Earl M. Tebault, Fi@ E. WaterfieJ-d, Jr., and Mayor @nald H. Rhodes. Nays: None Absent: Counci@ J. Curtis Payne. City Council cancelled the Regular Council @ting of Dec 28, 1970. The next Regular Council Nbeting will be January 11, 1971. ITEM #2838 On -tion bY CO-cilmm Callis, seoonded by Cbuncilman Ferrell, Arthur H, 7urg@en, Herm- R. Bo-ey, and Charles W. Beard were n@ated for rea)Ppointnent to the )?l@g ssion and R. L. Riggs was ncminated for a@@ @t to the Plaming @ssion. On mtion by Oouncilman Holland, se-nded. by Counci@ 11, 7cmms C. Donnelly and POber-t Watlington -e ted for appc)intmnt tc) the plaming ssion. On mtion by Cbunci@ malbon, seconded by Councilman @in, B. W. Wroton was ncminated for reappointmnt tO the Planning ssion. .co-cilman Fxvi-n placed in ncniination the nam of Henry W. Clark to be appointed to the Planning @ssion; th-e being no seoond the mtion was lost. On -tion by Cb-ci@ 14@n, seconded by @cilmn Ervin, and by recorded vote as follows: Ayes: Councilmn Tbber-t B. 11, Jr., P. Reid Ervin, D. M=ay M.@n, and MaYor Donald H. Phodes. Nays: Councibnen lbbert H. Callis, jr., Frank A. Dusch, ('@rge R. Ferrell, Clarence A. Holland, Vice Mayor Earl M. Tebault, and Floyd F. lqaterfield, Jr. Absent: Counci@ J. Curtis Payne. City Council denied the appointn-ents or i-e-apT)ointrents of Arthur H. JurcTensen, flerMn R. Bonney, R. L. Riggs, Charles l@7. T'(- @rd, James C. Donnelly, lbbert On -tion bY COLmci@ Callis, seconded by Counci@ Ferrell, and by recorded vote as follows: Ayes: 00-ci@ Robert H. Callis, Jr., lbbert B. 11, Jr., Frank A. Dusch, George R. -Ferrell, Clarence A. flolland, D. D@ay Ma2bon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Dc)nald H. Phodes. Nays: (bunci@ F. Reid Ervin. Absen@ Comcilnian J. Curtis Payne. City Cc)uncil reappointed Arthur H. Jurciensen, H@ R. Bonney, and C=les W. Beard to the Planning ssion for term of four (4) years, @irinq 311 1974, and appointed R. L. @ggs, J@ C. Donnelly, and @bert Watlin@n tc) the PlaftAng ssion for of four (41 years, expiring De 31, 1974. On mtion by @cihnan 1, seconded by Councilman n, and by recorded vote as follows: AYes: Counci@ lbbert B. 11, Jr., F. Reid Ervin, D. M=ay @@n, and MaYor Dc)nald H. Phodes. Nays: ODuncihTen ibbert H. callis, Frank A. Dusch, Georcje R. Ferrell, Clarence A. Holland, Vice mayor Earl M. @ult, and Floyd E. Waterfield, Jr. Abpent; Comcib= J. Payne. CitY (b-Cil denied the reappoin@t of B. W. Wroton to the Planning @ssion. rTim #2839 On niotton by Vice Mayor Tebault, seoonded by cc)uncih= 1, and by reoorded vote as follows; Ves: @@@ Fobert R. Callis, Jr., Pobert B. Crcnwell, Jr., Frank 7" Dusch, P. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. M..=ay @@n, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: Councilnian J. Curtis Payne. City Cbmcil elected to have closed @tings on January 4, 1971 and January 11, 1971, to discuss personnel and legal mtters, as permitted by the Oode of Virginia. #2840 On wtion by @unci@ Ervin, seconded by @ci@ Ferrell, the meting adjourned. TEchard J. city c er L)onald H. Phodes, @r City of virginia Beach, Virginia Decenber 14, 1970-@lar Meeting De 21, 1970-@cessed Meeting