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HomeMy WebLinkAboutAUGUST 7, 1972HINUTES OF THE I[O~(~AtLE C. 1~ COUNCIL OF TII CJTY OF VIRGINIA t;EACH, VIRGINIA August: 7, 1972 The regular meeting of the C~ty Council of the City of Virginia Virginia was held in the Council Chambers in the Administration Building, in the Borough of Princess Anne, on Monday, August 7, 19 at 10:00 a.m. The invocation was given by the Reverend Carl Hartin, Bayside Cbt_i:.- .: ?.n Church., Virginia Beach, Virginia. Councilmen Present: John A. Baum, Robert H. Callis, Jr., Robert Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charle~' W. Gardner, Clarence A. Holland, D. Murray Halbon, J. Curtis Payne~ Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. ITEM # 4883 On motion by Councilman Gardner, seconded by Councilman Cromwell, :~.~. by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr.., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrel], Charle.: W. Gardner, Clarence A. }tolland, D. Murray Ma]bon, J. Curtis Payne... blayor Donald }t. Rt~odes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the Hinutes of the Regular ~uet~ng of July and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject ~,lJnutes her:ore him. ITEM t! 4884 Mayor Donald H. Rhodes recognized the class of Mrs. ]Beth Taylor, tJigh School goverm:~ent sum_met session. ITEIq #4885 ,'*',"-*~'~cr, el t0'.>4..7 ,:,,: * · coat, ....= .5 aCreS The Piannin9 Cof:'~nlssion rccn~end:; a:';>roval of this request subject to the l. To build '. t->-.~'~ . si'b~ design and architectural accur,~',¢] to tb:~ ...... ir:dB2fv , [.o).,t~:j~ agh~c s~"Le and engineer- J dC ~or~ · 2 To improve (~ra.v:;en ~,:o~¢~ as , :~, sole entrance from the property line to Shore Drive to a 3f.;W'oot 3. To [:~-~intain 25e-.font ,.:.,m,' 'l,.V). -'Tr"~'..,.,. setbacts for al! buildings from the p~o~Je~ ty" ...... '" west a','~d .....~ si'~,' re~p:?ctively 4, To r?;:intain a 75--FO:,t bt!FTew" e.n the sc)u'th ~:,,,:~ ,.~-",.)..:.~ si'ac in which no , pL:,.h:>, irt a I ,..,.~ ~ ..... "~'~ .... .'r'"~.,' ~ ¢" S ~,,,,;, ..... t-~ tho .......... ,+,,~,~ ~,.,~r~',¢ .~',~ O;~'~,=:~n4' '~ ~j"~'> regldewts of Mr. Do:q,~]aF.. TalboL - Talbot and Wermcr:; Associates Mr. George Kett]e -- George Kett]e JHcorporated Mr. Robert Wilson .- President of Baylake Pines Civic League Mr. Robert Vau1.~hn - President of YMCA Hr. Wi]liam ](Jmes Api)earing in opposition to t.]te application' Mr. James Ruminski -- President Council of Civic Organizations Mrs. Cccily biacdonald Mr. Sam Ilouston, Jr. After careful consideration, City Council took no action on the motion made by Councilman Holland, seconded by Councilman Cromwell to approve the application as recommended by the Planning Commission; subject to the dedication and rededication of Grayson Road as the sole entrance to Shore Drive, with a 50 foot dedication; and further subject to the cost of turning lanes included 'with the Planning Commission recommendation also the density of development be limited to 320 units. ITEM #4885 a Councilman Gardner and Vice Hayor Ervin made a motion to add an amendment to the main motion to authorize the connection of Jefferson Boulevard and Indian Hill Road w2th the proper streets in the new development. On motion by Councilman Gardner, seconded by Vice Mayor Ervin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, Charles W. Gardner, and J. Curtis Payne. Nays: Councilmen Robert H. Ca. llis, Jr., Robert B. C:romwell, Jr., George R. Ferrell., C~arence A. Holland, D. Murray Ma].bon, }4ayor Donald H. Rhodes, and Floyd E. Water[Tic]d: Absent: None The amendment, which would authorize the connecting of Jefferson Boulevard and Indian Hi1.1 Road. with the proper streets in the new dew~lopmen~, was defeated. ITEM #4885 b On motion by CounCilman Payn~, seconded by Councilman Callis, and by recorded vote as follows: Ayes: Councilmen Robert tl. Cal]is, Jr., George R. Ferrell, Clarence A. ltolland, D. Murray bla]bon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd t!. Waterfie,]d, Jr. Nays' Councilmen John A. Bat,n, Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, and Char]es W. (.;a~'dner. Ab s e n t ' N o n e Counc:il approved the mot:i_on to permit -the, density of' the subd'ivision to 550 un.:it.~;. On mot2on by Counc:ilman Cromwell, seconde, d by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert 1I. Ca].lis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Re:id Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ttoll aFld , D. l~lurray ~lalbon, J Curtis Payne, Mayor Donald II. Rhodes, an.d Floyd E. Waterfield, Jr. Nays: None Absent: None After considerable discussion with the new owners of the property, CJty Council approw;d an amendment which would provide for a 30 foot easement as a public right of way across that portion of the property which .fronts on Chesapeake Bay, 30 foot easement from the low water mark. #4885 d Councilman Baum made a subst2tute motion to permit a deferral of 30 days for the purpose 'of studying the. application. An objection to the substitute motion was voiced by the owners and the YMCA as construction time would be lost and result in financial loss to the YMCA and the owners of the property through unnecessary construction time. On motion by Councilman Baum, seconded by Vice Mayor Ervin, and by recorded vote as follows: Ayes: Councilmen. John A. Baum, Robert 1-I. Callis, Jr., Vice Mayor F. Reid Ervin, Charlcs W. Gardner, and J. Curtis Payne. Nays: Counc2lmen Robert B. Cromwell, Jr., George R. Ferrel], Clarence A. tIolland, D. Murray Malbon, Mayor Donald H. Rhodes, and Floyd E. Waterfield, .Ir. Absent: None City Council defeated the above motion ~or a 30 day deferral. ITEM #4885 e The original motion as a~,tended was presented by Councilman Holland for acti on. On motion by Councilman Itolland, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen Robert II. Call:is, .Jr., Robert B. Cromwell, ,Jr., George R. Ferre]], Charles W. Gardner, Clarence A. Holland, D. biurray Malbon, J. Curtis Payne, Mayor Donald II. Rhodes, and Floyd E. Waterfield, Jr. Nays: Councilman John A. Baum and V:ice Mayor F. Reid Ervin. Absent: None C:ity Council approved the ~}riginal motion as a'~mended :in the following .Form: ']'he Planning Commfiss:ion 'recomme~ds approva.] of this request subject 1:o ttnc following cond:~t:io?~s ti:at, we~:e voluntari.ly agreed to by the dctrc]o]:~er aa; a rc'.-~t~J. 1 of' v;tr~{~us m.c:e'l:ii~g:; w'ith the residents 21. To build according to thc l~re'lir~i~:lry site design and la. Limiting tt,,e deve]oi~li~e~,tt to 550 unit densJty. · :-, ~; Road as t. he sole entrance 2 To inlprovc. ~lnd ded:icate g]~,y~ on from the property to Shore l)rive with a 50 foot Width. 3. To maintain 250 foot and 150 foot setbacks for all. buildings from the property lines on the west and south side respectively. 4. To maintain a 75 foot buffer on the south and west side in which no physical improvements will be made with the exception of fencing and pedestrian paths. 5. Dedicate a perpetual S foot access easement to the residents o'f Baylake Pines from the end of Sandy Bay ])rive to Chesapeake Bay. 5a. To dedicate a 30 foot easement as a public right of way across that portion of the property which fronts Chesapeake Bay, 30 feet from the low water mark. 6. To submit all. plans to the Planning Department according to Planned Unit Development administrative controls. In addition, the Planning Commission recommends that this request be approved subject to necessary breakaway gates to be situated at locations to be determined by City Departments. I£' Sandy Bay Drive is to be used, it is recommended for a breakaway gate only, rather than a thru street· City water an.d sewer is required by the l. Ieatth I)epartment. The motion for approval[ further suggests participation in school site acquisition. Engineering DJ. vision states that a ]eft turn lane for east bound traffic on Shore Drive shall be x-equired a.t the intersection of West Grayson Road. In view of the high densi, ty of dwellers and the extreme concentration of ingress-egress ~nduced by this deve]opment, the proposed intersection of Shore Drive and West Grayson Road shall require an electronic signaling device for safe traffic control. The installation of a traffic control signal and cost of turning lane is therefore established as a requi, rement of the developer. The Soil Conservation Off_ice states that every effort sh.a]l be made to protect natural land features and prose'rye existing stabi]ized dunes.. 1 (~t~ c ~';u ~t o~' 247.40 The Planning Cc;~.~ission l'(',co;".~'~nds a~troval o'f this chanoe of zoning request - ..... ,'l, .,- ........ . standard sub.loci to City ,~'+~'~ a~,::~ s:t,~:x:~r ~,,,~ ,l~-,',.ri )~v the ~.::~lth ,t~,, ~,,::nt and by the Engi Mr. Marc Jacobson, Attorney, appearing on beh. alf of the applicants. On mot.ion by Councilman Ferrell, seconded by Councilman Holland, and by recorded v. ote as follows' Ayes: Councilmen John A. Bourn, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferre]l, Charles W. Gardner, C]_arence A. Holland, D. Murray ~.lalbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Counci]. approved the above application of Larry W. Berman, Alfred M. Schulwolf and Arnold ti, Iteffman for a Ct~ange of Zening from Residence Suburban District 3 (R-S 3) to Gcne~'al Com~e~'cisl District 3 (C-G 3) on certain property beginning at. a point 201.48 feet b'est of South Witchduck Road and on South side of Greenwich Road, running a distance of 67 feet. along the Northern property line, ru]~ning a d~stance of 247.40 feet along the Eastern property line, running a distance of 5S feet along the Southern property line and running a distance of 221.16 feet along the Western property line. Said parcel contains 0.3 acres, Kempsville Heights Area, Kempsville Borou~h~ Approval is subject to City water and sewer as required by the I[ealth Department; standard site plan requirements' to inc:]ude pavement widening, concrete curb and gutter and storm drainage as requ_ired by the Engineering DJvision; and further subject to screening and fencing between the property to be developed commercial and adjacent residential properties. 1 'i1.:,!,I ~4887 Application of t!~e City of Virginia F,,::~:.ch. L'.a!:,artt:~nt of P.~d~c Uti litle::~, for Bout~.:vard Said parcel is 'tz~ ,ecu hy isq feet. ..... t..~u¢ .... l~oolco S~o,'c Area). te plan approval, knqi;~eering. . Div[s'ien. r,,,-,...,,.'~r~::~ that acc,":::sibiiity, i:o the site be pro- Mr. James Darden appeared on behalf of the applicant. On motion by Vice Mayor Ervin, seconded by Councilman bialbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert tt. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray b~slbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield~ Jr. Nays: None Absent: None City Council approved the above application of the City of Virginia Beach - Department of Public Utilities for a Use Permit to erect an elevated water tank on certain, property locat~J 1075 feet West of Chesopian Drive and 680 feet North of Virginia Beach Boulevard. Proposed Woolco Store area, Lynnhaven Borough. Approval is subject to site plan approval and Engineering Division requires that accessibility to the site be provided, i.e., ingress-egress easement or right of way. ITEM # 4888 On motion by Vice Mayor Ervin, seconded by Councilman Halbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Call. is, ,Jr., Rebert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. IIolland, D. Hurray MalbOn, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Al)sent' None City Council approved on second reading an appropriation in the amount of $1.2,000 for engineering services in connection with the Cape Story By The Sea drainage ITF, M t~4889 · l,ieutenant Commander Larry E. Walter appeared be:fore Cotmcil request'ing they 2bol:ish pl~:tns [or a connecting ro~d between Co]l. ege t:)~:rk and t, evel (;teen. Cit:y Coulee:il di-rect:ed the l~irector oF (]onnnunity Services, road, with thc under:stranding Xhat :in the [lltt]rO SUC]I a connection may ltorse R;~cing fac. ill t:]es ;:i~,;.~ ,llC.~tl. ~;?. - ,, " of Economic Development o'r s()n~e other:' mr~re su;ital)le City ])epart]ite'nt~ or ~n ~ctivi. ty withcin the Cily to do a survey o[ avuJ].ab]c or suitable sites for racJ. ng wit]tin tile City. Cit'y' Counci] requested an advisory referendum in tl~e November election, and dirz...tcd the City ~ttorney, blr. J. Dale Bimson, to report in two weeks wi tlt what is involved in going with the advisory referendum. ITEM #4o91 Mr. A. games DeBellis - Director - Economic Development Mr. Richard Cockrell - Director VPI Extension Services Doctor Brittingham Director - Virginia Truck and Ornamental Station The Honorable Glenn B. McClanan appeared before Counc:il ~egarding th~ Virginia Truck and Ornamental Research Station. Mr. McClanan suggested to Council that they direct the Department of Economic Development to study the feasibility of acquiring the site. Hr. DeBellis stated-that his Department and the Industrial Development Authority will endorse anything that can be done for the acquismtion of the property. City Council unanimously decided to have the City Attorney and the Department of Economic Deve_l_opm. ent study the feasibility of ~cquiring the site, and report back to Council th.e first meeting in October. ITEM #4892 On motion by Vice Mayor Ervin, seconded by Councilman ttolland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Halbon, J. Curtis Payne, Mayor Donald II. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council unanimously approved Phase III, Oceana West Industrial Park and granted permission to the V_irginia Beach Industrial Development Authority to sign agreements in its behalf for property; subject, to the approval of the City Attorney. In addition-,:the City Council approved a loan commitment by the City for, the sum of $812,000 to the Virginia Beach Industrial Authority, of which $250,000 must be met by the end of the calender year 1972 and $562,000 by January 1, 1974, the loan is to be made from excess capital funds. The loan carries an interest rate similar to current market interest rates on City Bonds, plus ]/2 of 1 percent. ]'FEH ft 4893 City Council upheld the zoning moratorium by taking no action on the request of Mr. ]israel Steingold to file his application with the Planning I)epartme,nt for a llighrise dwelling :for the Elderl'y. 4894 On motion by Councilnian Crom'~velTL, seconded by Counc:ilman Malbon, and by recorded vote as fullows' Aves: Councilmen ,Iobn A. B;itim, 'Robert fl. Callis, Jr. , Robert Cromwell, ,Jr., Vice Mayor F. l~eid. Ervin; (;eor.qe R. Fe.rret]~ Cl',a'rles (;;trdi~er, Cl:~reuce A. l o].]and, I). ~Iur-ray 1, I:,1t>o~, J. Curti..:: P;~vne, M:tyo r ])()I1;it d }] . ]~hoclo:.; , :tirol Fi. oyd E. ~Vaterf t c l d ~ ,'Ir. Nay:z ' I TE~,~ #4~95 Councilman George R. Ferrell indicated t]~at the residents of Kempsville Gardens signed sewer contracts instead of water contracts. C_~ty Council authorized t]~e citizens of Kempsville Gardens to execute the correct contracts for City sewer and authorized the City Public Utilities Department to accept the subject contracts for construction purposes. ITEM # 4896 City Council deferred for two weeks the appointment to the Southeastern Virginia Planning District Commission, and also the appointment to the Indus trial Development Authority. ITRH #4897 On motion by Councilman Itolland, seconded by Councilman Gardner, and by recorded vote as follmvs: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr.., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. FeFrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J.lCurtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the report of the Nine tlember Study Conn[ission entitled Potable Water Supply Feasibility Study for the Southeastern Regional Planning District Cor~nission. ITEH # 4898 On motion by Councilman Ferrell, seconde~d by Councilman Holland, and by recorded vote as follow'.4: Ayes: Councilmen John A. Baum, Robert H. Ca].lis, Jr., Robert B. Cromwel. 1, Jr., Vice Mayor F. Reid Ervin, George R. Ferretl, Charles W. Gardner, Clarence A. ttol:land, D. Murray Halbon, J. Curtis Payne, Mayor Donald. II. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved an appropriation in the amount of $1,750 from Reserve for Contigencies to the Tidewater Virginia Development Council for payment of dues covering the period Jul), 1, 1972 through December 31, 1972. ITEM # 4899 The recommendation of Vice Hayor F. Reid Ervin requesting the~appointn]ent of a two man water committee was deferred unt:il the next regular meeting. ~"ecorded vote as :follows: Ayes: Councilmen John A. Bar,m, Robert Il. Callis, Jr., ]',.chert 13. Cromwell, .lt., Vice Hayor F. Reid Ervin, George 1¢. Ferre]l, Charles W. Gardner, Clarence A. Ho].l.a~d, D. Ht,,rray Halbon, J.. Curtis Psyche, Mayor Donald ti. Rhodes, and Floyd E. Waterfie].d, Jr. Nays: None Absent: None City Council unani~nously approved the following Resolution of Commendation presented to Hr. Kenneth C. Knapp' R E S O L U T I O N OF C O M M E N D A T I O N IT I-L&S COlIE to the attention of the City Council of Virginia Beach th~'ouc3h the p~ess and the repoz-t of the City Police Depart- merit, that on F~'iday, July 21, 1972, Kenneth C.' tCnapp, age fifteen, perfoz'med an outsl:andin.q heroic deed which would test the courage of any mare, by pz'evenLin9 three people, ages 4, 8, and 29, from d~-ownin9 in the waters of Back Bay at the Trojan & Pocohontas Headquarters Game Reset'ye. NOW, there:fore, in recognition of this valiant deed, the City Council. of the City of Viz'.ginia Beach, does herein publicly commend KENNETH C. FaNAPP, for this heroic act and does di_rect the City Clezk to spread this conmnendation upon the permanent records of the City Counci.1. as part' o:f the minutes of today's meeting ~ GIVEN under my hand and seal t. his 7th day of Aucsust, 1972. tf Iff. [~hodes, Mayor On motion by Vice r, layor EryC'n, seconded by CoUncilman C, ardner, and by recorded vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., V~ce ~.~ayor F. Reid Ervin, George R. Ferre]], Charles W. Gardner, Clarence A. Holland, D. 31urray Halbon, J. Curtis Payne, r4ayor Donald I~. Rhodes, and Floyd E. WaLerfie]d, Jr. Nays: None Absent · None City Council approved on second reading the following Ordinance to authorize tAe issuance of Four Million Dollars Water and Sewer Bonds: AN Ot~D]t~ANCE AUTIlC)[::IZIIqG ]~I!, .tSF;1JANCE OF $4,000,000 WATER AND SEWEI~ ]fONDS OF THE CITY OF VIRGINIA ]3EACH, VIRGIN~A BE IT ORDAINED BY THE COUNCIL OF TttE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach. to improve and extend its water transmission and distribution system and sewer collection system to provide for the orderly growth and development of the City, to refund $2,000,000 Water and Sewer Bond~., Series of 1967, due November 1, 1972, and to borrow money :for such purposes and issue general obligation bonds therefor. 2. Pur.~;uant to the authority of the. Charter of the 'City of Virginia Beach (Ch. 147, Act~ of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued Four Million Do.].lars ($4 ~ 000 , 000) Water and Sewer Bonds of the City of Virginia Beach to provide funds for iraproving and extending its water transmission and dist.ribution system and sewer collection system, including acquisition of rights of way, and to ~ - 'o Series of 1967, due Novembe'r refined $2,000,000 Water and Sewer 1972. 3. Tine bonds shall bear such date or dates, mature at such time or timos~ 'not exceeding fo:~-i;y years from th. elf dat:~s, 4. The bonds shall be general obligations of the City of Virginia Beach for tbe payment of principal of and interest on · which its full faith and credit shall be irrevocably pledged. On motio~-~ by CouncSlman Pay'ne~ seco~dc3- ~y CovncSlman Holland, and by recorded vote as .follows: Ayes: Councilmen .John Cromwell, .Jr., Vice t4ayor F Reid ErvSu Ge *~,-~ R };eyre]l, charles W. Gardner, Clarence A. ltolland, D. Iqurray ~Sa]10on, J. Curtis Payne, ~.layor Donald It. lChodos, and Floyd E. Waterfie].d, Jr. Nays: None Absent: None City Council approved on second readSng the following Ordinance to author.ize the mssuance of Three }4illion Dollars Public Improvement Bonds: ' ','tZ NG AN ORDIIiANCE AUJ?HOt',.i..,I~.. Tile ISSUAIqCE OF $3,000,000 PUBLIC I~2~P, OVE?'iENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, a].l of. which will promote the development and public welfare of the City~ and to borrow money for such purposes and issue the City's general obligation bonds tberefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of ].9o2, as amended)~ and the Public Finance Act, as amended, there are hereby au. thorized to be issued Three Million Dollars ($3,000,000) Public Improvement Bonds of the City of ~{-ginia Beach to provide funds, together with f~ ..... tbat may ~ ' other -r,~cls be avai]al>].e fo'r the fol]owin~ pur~os~es: Planning, construction., site ~improve'~ ments and equippi~g of .0~unicipal buildings, includ~[ng public safety building, courts building~ central garage, we].ding and body ~"-hop, fire stations, animal control building and storage building Complete reclamation of landfill for recreation purposes and cons'truction of improvements thereon Bulkheading south of existing board- walk along oceanfront Comprehensive mapping program, including aerial photography, engineering and drawing work Itnprove and extend streets and highways $ '!877,000 105,000 75,000 160,000 $3,000,000 2 ~ Any amounts not needed fo'J: any of such purposes may be used for any other of such purposes. · 3. The bonds sha].], bear such date or dates, mature at such time or times not exceeding foo:ty years from their dates, bear {nterest at such rate or rates not exceeding the maximum rate permitted by la~-~ at the time the bonds are sold, be in such denomination and form, be executed in such manner and be sold at such time or times and in such manner as the Co~n.~c:[1 shall here- after provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payme~t of principal of and interest on which its full faith and credit shall be irrevocably pledged. On mo't-[(m by CoL~nci],Lan ~ardner. , .,~-econded by Councilr. mn Ferrell, and by recor~led vote a:-~ follows: Ayes: Councilmen Joh. n A. Baum, Robert H. Callis, ,Ir., Robert B. Cromwell, Jr., Vice Mayor F. Reid ErvJn, George R. Ferrel], Charles W. Gardner, Clarence A. llol]and, D. Hurray klalbon, J Curtis Payne, Mayor Donald tt. Rhodes, and Floyd E. WaterfJeld, Jr. Nays: None Absent: None City Councii approved the following Resolution relative to the City's Beach Erosion Control and Hurricane Protection Project: R E S O L U T I O N I\ -' o~ WIIEREAS, Congress in its deliberations on the Omnibus Rivers and Harbors Bill of .].972 will consider the authorization of the City of Virginia Beach~s Erosion Control and Hurricane Protection Project; and I,~EREAS, the above mentioned authorization provides for no appropriation of funds to carry out the project until fiscal year 1974; and l~.EREAS, previous attempts by the City to control, beach erosion '~ ' and have proved unsuccess,u], i.,EiEi~EAS, the City of Virginia :3each is threatened annually by hurricane and. weather conditions ' ' ' Wn:LCa seriously erode beach protection and threaten damage to life and property. NOW, THEREFORE, BE iT REoOLVmD by the Gouncil of the City of Virginia 'aeach, Virginia: That the Council requests the United States Congress to authorize the City's "4eaci~ Erosion Control and }turricane Protection Project and appropriate the necessary funds for pre-construction and planning as part of any supplemente~ app.~cpriation' "-~ to the Corps of Engineers fiscal year ].9.73 'oudoet~, or at: the earliest possible date, , lie IT FURTIiER ~.ESOL'VED thor the City C].erk is directed to forward a copy of this ~:e~oi. uti.on to each member of t~he Congreg~;ion~.]. On motion by Vice Mayor Ervin, seconded by Counci].n'mn Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert II. Callis, .Jr., Robert B. Cromwcll, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles lq. Gardner, Clarence A. Itolland, D. Murray Halbon, .J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent-: None City Council approved the following Resolution appointing a special committee to be known as the "Stceri. ng Committee for Beach Erosion and Rudee Inlet": R E S 0 L U T I O N WttEREAS, the Virginia Beach City Council at]pointed, . a special committee to be known as the "Steering Committee for ~Beach Erosion and Rudee Inlet"; NOW, THEREFORE BE IT RESOLVED BY 2'HE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, that the committee shall' serve for one (1) year from the date of appointment unless the term is extended by vote of Council, and the subject committee shall consist of nine members as follows: Three (3) members of City. Council,' one of whom shall serve as chairman of the committee. A member of the administrative staff appointed by the City Manager. President of the Imxkeepers Association. The Director of the Department of Community Services. A local citizen qualified by experience as; an expert in dredging. The following members subject to the approval of the respective organizations' One (1) member appointed by the District Engineer, Army Corps of Engineers', from his staff. One (1) member appointed by the Erosion Commission from among :its membership. The co~nmittee shall have the following powers and duties: Recei've and cO.~lsi, der all recommendations and. sugge~;t~ions; relating 't.o Rudee Inl. et and 'beach ' 0 'i'-easo~:~l~le ev:~luati, on a~.d st~dy of such recommenda-. tion~ and su~lgei;t5 ohs, the coi.,nnil:toe ~tay, at its di:icret;ion, ,~ass ti~em qn to Council for~ appropri, ate a c t 5 o n. (b) Prepare both long and short recommendations for accomplishing the following: ~aintaini~g a ~avibable ~hannel in I~udee Inlet in a manner that is economically feasible. Such recommendations shall include suggested alterations to the existing jetty construction as well as alternate inlet design concepts. 2. Providing the most practical and effective methods to control, shoreline erosion and suggesting continuing programs which will incorporate these methods. (c) Review the role of the Erosion Commission and provide City Council with a reconunendation as ~o whether that role should be supported in its p~esent form or ultimately assumed by the City. (d) The committee shall have the power to appoint subcommittees to assist them in their work. (e) The committee shall submit quarterly progress repo~'~: to Council and shall present its final recommendat~c)~-~:, within one (1) year. City Council deferred for two weeks appointing a special committee the "Steering Co~m~i. ttee for Beach Erosion and Rudee Inlet". Hrs. Joseph Clark appeared before Council requesting a Leash Ordinance. City Council deferred this Ilt~]tter until the last regular mee*ting in Augus t. ITEbl #4906 Mr. John Potter appeared before Counci] regarding his Erosion Control device. City Council informed Mr. Potter that the device was being studied by .the Department of Community Services, Eng:ineering Division, and requested he have his attorney meet with the City Attorney. ITEM #4907 On motion by Councilman Baum, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert t-I. CalIis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, ~ayor Donald H. Rhodes, and Floyd E. kraterfield, Jr. Nays: None Absent: None City Council. approved a contract to re~.~ise the 1970 water agreement between the City of Virginia. Beach and the U. S. Navy (Dam Neck). This modification was primarily for the adjustment of fees to cover the Navy's 600 unit housing project at Dam Neck and will result in a payment of $63,336 to the city. ITEM ~.908 Based on the City's application, the DJ-vision of Justice and Crime Prevention has approved an LEAA Grant for $418 to enable an Assistant. Commonwealth's Attorney to attend a short course for Prosecuting Attorneys at Northwestern University School of Law in Chicago. The City's participation is represented by an inkind contribution of $200. On motion by Councilman Ferrell, seconded by C~uncilman Gardner,. and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert tt. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervi~, George R. FerreIl~ Cb. aries W. Gardner, Clarence A. tlol~and> D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Naterfield, Jr. Nays: None Absent: None In order to pay for the expenses of 'this employee, City Councii appropriated $418 for travel 'in the of Eice of the Commonwealth's At/:orney with an offsetting adjustment to estimated revenues for tile Li:,AA Grant Funds. On motion by Councilman Baum, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert }t. Callis, Jr., Robert B. Cromwell, ,_Ir., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, I). Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Watcrfield, Jr. Nays: None Absent: None Ci'ty Council approved the request of Mr. Cecil P. Land, Superintendent of the Refuse Collection Bureau, for a transfer of $13,000 from the Code 10312-631-2 to Code 10312-831 to cover the purchase of three refuse collection vehicles. ITEM # 4910 On motion by Councilman Holland, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, ,Ir., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald Il. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Abstain: Councilman Robert B. Cromwell, Jr. Absent: None City Council authorized the City Manager to execute an agreement voiding a previous sewer agreement, between Mr. C].yde Collier and the City of Virginia Beach. This action was taken to expedite the Chesapeake Beach sewer installation. ITEM #4911 On motion by Councilman Cromwell, seconded by Cohncilman Malbon, and by recorded as follows: Ayes: Counci'lmen John A. Baum, Robert Ii. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, 1). Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and. Floyd E. WaterfJ. eld, Jr. Nays: None Absent: None City Council authorized the City Manager to execute a standard water agreement between the City of Virginia Beach and Green Run Planned Unit Development. ITEH ~! 491_2 On nmt.ion by Councilman Ferrell, seconded by Councilman Halbo-n, and by recorded vote as follows: Ayes: Councilmen John A. Baum, P, obcrt il. (;r~ ] 15 s, Jr. , !{obert B. { ' - . 1',' ' ' '," . el.t_, C]tar'le~ Cronm'e] 1 , .Ir. Vice ba,).'o~' }: ;.(:~d l':rv]n, (;~.c~.... 1L lZer~" " Mayor ])onald I1. lthodcs, ;~nd F]eyd Ii. Wa?criTic]d, Jr. ' Na)'::,: Nouc ,~ bSO:rtt: N.)~tc City Council attthor_i, zed the Ci. ty Man'ager to exec:ute standard water and sewer agreements between the City of Virginia Beach and Ge'rtland, Inc. for Indian Lakes. 1TEM #491.3 On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarenc:e A. ttolland, D. Murray bialbon, 3. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council noted its intention to hold a. closed meeting on Monday, August 14, 1972, for the purpose of discussing 2terns permitted for di. scussion under the Freedom o.~ Information Act of the Commonwealth of Virginia. ITEH #4914 On motion by Councilman Ferrel], seconded by Councilman Gardner, the meeting was adjourned. Richa rd J . ~'DbOil ,---~][;~; Clerk City of Virginia Beach Virginia, August 7, 1972 Donald ti. Id}odes, biayor