HomeMy WebLinkAboutJUNE 19, 1972,MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
June 19, 1972
-'he regular meeting of the Council of the City of Virginia Beach, Virginia was
eld in the Council Chambers in the Administration Building, in the Borough of
rincess Anne, on Monday, June 19, 1972, at 10:00 a.m.
~The invocation was given by Reverend David J. Anderson, Kempsville Presbyteria
Church, Virginia Beach, Virginia.
Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon
J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield, Jr.
Councilman absent:
Mayor Donald H. Rhodes.
ITEM #4712
On motion by Councilman Holland, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon
J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield, Jr.
ays: None
..bsent: Mayor Donald H. Rhodes.
City Council approved on second reading the low bid of M. H. Newsome, Inc. in
the amount of $136,S94.20 for Euclid No. 2 sanitary sewers and authorized the
City Manager to enter into a contract for this project.
ITEM #4713
On motion by Councilman Ferrell, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon
J.. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Donald H. Rhodes.
City Council approved on second reading the iow bid of M. H. Newsome, Inc. in
the amount of $34,133.20 for Oak Terrace sanitary sewers and authorized the Ci
---anager to enter into a contract for this project.
ITEAi #4714
On motion by Councilman Dusck, seconded by COuncilman Waterfield, and by
recorded vote as follows: .
Ayes: Councilmen ~obert H. Callis, Jr., R6bert B. C~omwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. W~terfield,
Jr.
_Nays: None
~sent: Mayor Donald H. Rhodes.
City Council approved on second, reading an appropriation of'$5,S00, to the
City Treasurer's capital outlay fund for the purchase of a replacement auto-
mobile; the proposed automobile is to be deleted from the City Treasurer's
1972-75 budget.
ITEM #4715
Dr. Robert W. Waddell appeared before City Council regarding traffic congestio
on First Colonial Road in the area of the Virginia Beach General Hospital.
.City Council took this matter under advisement and indicated that preparations
are being made for the widening of First Colonial Road.
ITEM #4716
Mr. James Pickrell, Attorney, appeared before City Council reques'ting that
the Planning Department be directed to accept the application of Terry
Corporation of Virginia for a use permit to construct apartments on 12 acres
located in the Pembroke Area, which were' previously included in the applica-
tion Terry Corporation submitted for a change of zoning and a use permit for
· -a~08 townhouses denied by City Council on.February 7, 1972.
Mr. Sam Houston, Sr. appeared in opposition to the above request.
Ayes: Councilmen Robert H. Callis, Jr., George R. Ferrell, Clarence A.
Holland, D. Murray Malbon, J. Curtis PaYne,. and Vice Mayor Earl M. Tebault.
Nays: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
and Floyd E. Waterfield, Jr.
Absent: Mayor Donald H. Rhodes.
In order to allow the City Attorney an opportunity to consider this matter
and formulate an opinion to be presented to City Council, City Council deferr.
for one (1) week consideration of the request of Terry Corporation to be per-
mitted to submit an application for a use permit for apartment units on certa
.property located in the Pembroke Area.
ITEM #4717
Mr. Robert Miller, President of Kings Forest Civic League and Mr. Joseph.
Clugston, President of Birchwood Gardens Civic League and representative of
the Council of Civic Organizations, appeared before Council regarding
'--nuisances created by private utility services.
City Council requested Mr. George Hanbury, Assistant City Manager to correlat
and present at the next Council Meeting on June 26, 1972, the reports of the
State Health Department, the Water Control Board and the Air Pollution Board
relative to the above matter.
ITEM #4718
The following appeared regarding bicycle rentals:
Mr. William T. Ireland
Mr. Bill Reed
Mr. Owen Pickett, Attorney, on behalf of Mr. Underwood
Mrs. Sandy Barker
Mr. Joe Lyles
On motion by Councilman Payne, seconded by Councilman Ervin, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Mayor Donald H. Rhodes·
City Council adopted the following policy con.cerning the operation of bicycle
--rentals' in a Motel-Hotel zone:
1. Use permit reqUired of all individuals Or businesses operating a bicycle
rental stand as a subsidiary use to Motel-Hotel zoning.
2. Those individuals or organizations operating more than one year and duly
licensed by June 1, 1971, may stay without a use permit; however, they
must file for a use permit within ten days after notice.
One of the requirements for a use permit is that the area be defined and
enclosed by a fence structure so that the operators cannot easily encroac]
on public right of way.
Ail other individuals or businesses 'must have a use permit before operati,
is granted.
ITEM #4719
Mr. Herbert Kramer, President of the Tidewater Association of Home Builders,
addressed City Council regarding the announced statement: of the Hampton Roads
Sanitation District Commission that they will curtail connections to their
sanitation facilities and establish a priority basis for connections pending
the improvement, development and enlargement of the Chesapeake-Atlantic Plant
---to process an additional sewage load. Mr. Kramer indicated his concern that
a too drastic curtailment would seriously affect the building industry in the
City of Virginia Beach. He further urged the City Council to take whatever
steps available to expedite the enlargement of the Chesapeake-Atlantic Plant.
ITEM #4720'..
Mr. George Lyons appeared on behalf of the Innkeepers Association to thank
Council for the funds they appropriated to build up the beach.
ITEM #4721
Application of Devonsheer, Ltd., by H. Calvin Spain, Attorney, for a Use Permit
to construct 43 townhouses for sale on certain property located at the Western
extremity of Delaware Avenue, running a distance of 507 feet along the Southern
property line, running a distance of 266 feet along the Western property line,
running a distance of 422 feet along the Northern property line and running a
distance of 240 feet along the Eastern proPerty line. (Shadowlawn Heights Area).
LYNNHAVEN BOROUGH.
The Planning Commission recommends approval of this request subject to a modifica-
tion to 40 townhouse units subject to City water end sewer required by the Health
Department. Approval was further subject to standard subdivision requirements
and the Recreation Department requests 15~ be reserved for open space or approxi-
mately one-half acre. The Soil Conservation Agent states that several drainageways
converge in the southwest corner of this property and run into a marsh. Also
colluvial deposits are located within the drainageways with questionable bearing
values. The motion also suggests participation in school site acquisition.
Mr. H. Calvin Spain appeared on behalf of the applicant.
Mrs. Betty Ackiss appeared on behalf of Shadowlawn Civic League with a questi,
-regarding the rear access route.
On motion by Councilman Malbon, seconded by Councilman Ferrell, and'by record~
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, Georg
R. Ferrell, Clarence A. Holland, D. Mqrray blalbon, J. Curtis Payne, Vice Mayo
Earl bi. Tebault, and Floyd E. Waterfield, Jr.
Nays: 'None
Absent: Mayor Donald H. Rhodes.
Abstain: Councilman .Robert B. Cromwell, Jr.
City Council appr6ved the above application of Devonsheer, Ltd., for a Use
Permit to construct 37 townhouse units for sale on certain property .located
at the Western.extremity of Delaware Avenue (Shadowlawn Heights Area) Lynnhaw
Borough; subject to City water and sewer as required by the Heatth Department
subject to standard subdivision requirements and site plan approval and the
conveyance of certain parcels in lieu of 15% open space reservation. The Soi~
--Conservation Agent states that several drainageways converge in the southwest
:orner of ~4s'property and run into a marsh. Also colluvial deposits are
located within the drainageways with questionable bearing values. Approval
is further subject to participation in school site acquisition.
(COUNCILMAN PAYNE LEFT THE COUNCIL CHAMBERS)
(COUNCILMAN CROMWELL LEFT THE COUNCIL CHAMBERS)
ITEM #4722
Application of Vernon E. Chandler, II, for a Use Permit to construct 8 apart-
merit units on certain property located at the~rth~"~t corner of Barberton
Drive and 23rd Street (C Street), running a distance of 72.5 feet' along the
East side of 8arberton Drive, running a distance of 160 feet along'the North
side of 23rd Street (C Street), running a distance of 125 feet along the
Eastern property line and running a distance of 160 feet along the Rorthern
property line. Said parcel is known as Lots 7, 6 and 38, Block 10, Plat of
Woodland and contains 13,437.5 square feet. (Woodland Area). LYNNHAVEN
BOROUGH.
The Planning Conmission recommends approval of this request subject to a
modification to 6 apartment units and subject to standard site plan requirements
as required by the Engineering Division to include pavement widening, curb and
gutter, sidewalks and necessary storm drainage within the rights of way adjoining
the property to be developed; ingress and egress shall be provided on 23rd Street
.only. The motion for approval suggests participation in school site acquisition
and City water and sewer are required by the Health Department. The Recreation
Department states that this area is becoming a densely populated one and adequate
open space needs to be provided.-
Mr. Joe Lyle appeared on behalf of the applicant and himself as owner of the
subject property.
On motion by Councilman Ervin, seconded by Councilman Malbon, and by recorded
vote as follows:
.Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George
R..Ferrell, Clarence A. Holland, D. Murray Malbon, Vice Mayor Earl M. Tebault
and Floyd E. Waterfield, Jr.
Nay's: None
Absent: Councilmen Robert B. Cromwell, Jr., J. Curtis Payne, and Mayor Donal~
H. Rhodes.
City Council approved the above' application of Vernon'E. Chandler, II for a
__]J~e Permit to construct 6 apartment units on certain property located at the
~ortheast corner of Barberton Drive and 23rd Street (C Street), said parcel
is known as Lots 7, 6 and 38, Block 10, Plat of Woodland and contains 13,437.!
square feet (Woodland Area) Lynnhaven Borough; subject to standard site plan
requirements as required by the Engineering Division to include pavement,wide~
ing, curb and gutter, sidewalks and necessary storm drainage within the right~
'of way adjoining the property to be developed, ingress and egress being pro-
vided on 23rd Street only. Approval is further subject to participation in
school site acquisition and City water and sewer as requested by the Health
Department. The Recreation Department states that this area is becoming a
'densely populated one and adequate open space needs to be provided.
(COUNCILMAN PAYNE RETURNED TO THE COUNCIL CHAMBERS)
·
(COUNCILMAN CROMWELL RETURNED TO THE COUNCIL CHAMBBRS)
ITEM #4723
Application of Transpacific Corporation by Thomas C. Broyles, Attorney, for a
Use Permit to construct professional offices on certain property beginning at
~ p~int 20'69 feet more or less North of Will-O-Wisp Drive, running a distance
of 238.93 feet along the East side of First Colonial Road, running a distance
of 392 feet more or less along the Northern property line, running a distance of
181.52 feet along the Eastern property line and running a distance of 385 feet
along the Southern property line. (General Hospital of Virginia Beach Area).
LYNNHAVEN BOROUGH.
The Planning Con~nission reconmnends approval of this request subject to a dedica-
tion of right of way 45 feet from the center line of the existing 60-foot right
of way along the 238.93-foot more or less frontage on First Colonial Road (15-foot
dedication) as requested by the Real Estate Division. The Health Department
requires City water and sewer and the Engineering Division requires standard site
plan requirements and states that all entrances shall be designated as one way
and parking stalls shall be 10 feet by 20 feet in size. ~_.~._
Mr. Ronald P. Hammers appeared on behalf of the applicant.
Mrs. Jeane Kaplain appeared on behalf of the Alanton Civic League in oppositi(
to the above' application. .
Mrs. Kitty Hudgins appeared in opposition to the above application.
On motion by Councilman Ervin, seconded by Councilman Malbon, and by reCorded
__vote as follows:
kyes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, D. Murray Malbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, and Floyd E. Waterfield, Jr.
Nays: Councilman Clarence A. Holland.
Absent: Mayor Donald H. Rhodes.
City Council approved the above application of Transpacific C'orporation for
a Use Permit to construct professional offices on certain property beginning
at a point 2069 feet more or less North of Will-O-Wisp Drive (General Hospita
of Virginia Beach Area) Lynnhaven Borough; subject to a dedication of right o
way 45 feet from the center line of the existing 60-foot right of way along
the 238.93-foot more or less frontage on First Colonial Road (15ofoot dedica-
tion) as requested by the Real Estate Division; subject to City water and sew
as required by the Health DepFrtment; subject to standard site plan require-
ments and all entrances being designated as one way and parking stalls being
10 feet by 20 feet in size as required by the Engineering Division.
ITEM #4724
Application of Sunny Days of Vtrgtnta Beach' for a Use Permtt to operate a
nursery school on certatn property located West of Independence Boulevard and
East of Ferry Plantation Road and North of Barnaby Court on property known as
4658 Barnaby Court located in Pembroke Court Apartnents. (Pembroke t~adows
Area). BAYSIDE BOROUGH.
The Plan~ng Conmission recommends denial of this request as the proposed
locatton~i's not' considered an appropriate location for an operation of this
nature.'
On motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Mayor Donald H. Rhodes.
City Council denied the above application of Sunny Days of Virginia Beach for
a Use Permit to operate a nursery school on certain property located West of
Independence Boulevard and East of Ferry Plantation Road and North of Barnaby
Court on property known as 46S8 Barnaby Court located in Pembroke Court
Apartments (Pembroke Meadows Area) Bayside Borough, as the proposed location
is not considered an appropriate location for an operation of this nature.
ITEM .#4725
Application of Aqueous Development Co., by Grover C. Wright, Or., Attorney, for
a Use Permit to construct a 55-unit apartment {condominium) on certain property
loc-~e~~e Southeast corner of Atlantic Avenue and 37th Street, running a
distance of 150 feet along the East side of Atlantic Avenue, running a distance
of 150 feet along the South side of 37th Street, running a distance of 150 feet
along the Eastern property line and running a distance of 150 feet along the
Southern property line. Said parcel is known as Lots 4, 5, 6, Block 85 and con-
tains 22,500 square feet. VIRGINIA BEACH BOROUGH.
The Planning Co,mission recommends approval of this request subject to City water
and sewer required by the Health Department. The motion for approval further
suggests participation in school site acquisition. Engineering Division requires
standard site plan requirements to include minimum width of 30 feet for the
entrance on Atlantic Avenue. The Commission recommends that the requirement for
a concrete boardwalk be waived in favor of a sidewalk similar to the improvements
provided to the property directly, to the North (ttoward Johnson's Motel). _
Mr. Grover C. Wright, Jr. appeared on behalf of the applicant.
On motion by Councilman Callis, seconded by Councilman Dusch, and by recorded
vote as follows:
__Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
0usch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Mayor Donald H. Rhodes.
City Council deferred for one (1) week the above application of Aqueous
'Development Co., for a Use Permit to construct a SS-unit apartment (con-
dominium) on certain property located on the Southeast corner of Atlantic
Avenue and 37th Street; said parcel is known as Lots 4, S, 6, Block' 85 and
contains 22,500 square feet, Virginia Beach Borough.
ITEM #4?26
Application of T & K Construction, Inc.., for a Use Permit to operate a 50-horse
boarding/rental stable on certain property beginning at a point 800 feet more
or less North of Elbow Road and running a distance of 675 feet more or less
along the Western property line of which 22g feet is the East side of Salem
Road, running a distance of 1568 feet aleng the Northern property line, runn-
ing a distance of 836 feet along the Eastern property line and running a distance
of 1460 feet along the Southern property line. Said parcel contains 26.75 acres.
(Salem Methodist Church Area). KEHPSVILLE BOROUGH.
The Plan")rrbng Con~tsston recommends approval of this request subject to standard
site plan requirements to include adequate off-street parking and a 30-foot
entrance required by the Engineering Division.
Mr. Richard Kelly appeared on'behalf of the applicant.
On motion by Councilman Ferrell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice ).~ayor Earl. M. Tebault, and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Mayor Donald H. Rhodes.
City Council approved the above application of T & K Construction, Inc. for
a Use Permit to operate a 50-horse boarding/rental stable on certain property
beginning at a point 800 feet more or less North of Elbow Road and running a
distance of 675 feet more or less along the Western property line of which
229 feet is the East side of Salem Road, (Salem Methodist Church Area)
---Kempsville Borough; subject to standard site plan requirements to include
adequate off-street parking and a 30Zfoot entrance as required by the Enginee:
ing Division.
(COUNCILM~N 'DUSCH LEFT THE COUNCIL CHAMBERS)
ITEM #4727
Application of Tabernacle Baptist Church for a Use Permit for a kindergarten
day school and educational facilities to includ~~ous book store on certain
property beginning at a point 1050 feet more or less North of Providence Road,
running a distance of 915 feet more or less along the West side of Whitehurst
Landing Road, running a distance of 935 feet more or less along the Southern
proPerty line, and running a distance of 800 feet more or less along the Western
property line, and running a distance of 528 feet more or less along the Northern
property line. Said parcel contains 9.5 acres more or less. (Avalon Terrace
Area). KEMPSVILLE BOROUGH.
The Planning Conmtsston recommends approval of this request subject to a dedica-
tion of right of way 25 feet from the center line of the existing 30-foot right
of way along the 915-foot more or less frontage on Whitehurst Landing Road (15-foot
dedication). The Engineering Division requires standard site plan review when
applicant requests building permit.
--~he Reverend Fred Thompson, Associate .Minister of Tabernacle Baptist Church,
Lppeared on behalf of the applicant.
On motion by Councilman Ferrell, seconded by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., F. Reid
Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis
Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Frank A. Dusch and Mayor Donald H. Rhodes.
.City Council approved the above application of Tabernacle Baptist ~hurch for
a Use Permit for a kindergarten day school and educational facilities to
include a religious book store on cer. tain property beginning at a point 1050
feet more or less North.of Providence Road, (AvalongTerrace Area) Kempsville
Borough, subject to a dedication of right of way 25 feet from the center' line
of the existing 30-foot right of way along the 915-foot more or less frontage
on Whitehurst Landing Road (15-foot dedication) and' further subject to 'standa
site plan review when applicant requests building permit as required by the
Engineering Division.
ITEM #4728
Application of Meltnda Ktckltghter for a Use Permit to operate a Montesorrt
School on certain property beginning at a--~-i~ feet more or less f{orth
ot' Indian River Road and 180 feet more or less West of Sunnyside Drive located
North of the Westview Shopping Center, adjacent to the property now or formerly
Memorial ~thodist Church. {Westview Shopping Center-Lakeville Estates. Area).
KEIIPSVILLE BOROUGH.
The Planning Commission recommends approval of this request subject to City
water and sewer required by the Health Department.
Ms. Melinda Kicklighter appeared on behalf of her own application.
On motion by Councilman Ferrell, seconded by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, .Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and. Floyd E.. Waterfield,
Jr.
Nays: None
Absent: MayOr Donald H. Rhodes.
City Council approved the above application of Melinda Kicklighter for a
Use Permit to operate a Montesorri School on certain property beginning at
a point 573 feet more or less North of Indian River Road and. 180 feet more
or less West of Sunnyside Drive located North of Westview Shopping Center,
adjacent to the property now or formerly Memorial Methodist Church (Westview
Shopping Center-Lakeville Estates Area); sqbject to City water and sewer as
required by the Health Department.
ITEM #4729
Application of Farris C. Moore, Jr., T/A The Factory, for a Use Permit for
dancing and live entertainment on certain property located at ~~east
intersection of Gan~non Road and Indian River Road. Said property is located
85 feet [~orth of Indian River Road and 165 feet~ore or less East of Gammon
Road and is located in the Westview Shopping Center. KEI4PSVILLE BOROUGH.
The Planning Commission recommends denial of this request.
Mr. Carrington indicated that his office had received a letter from the
applicant requesting deferral of the above application.
Mrs. Cecily Macdonald appeared in opposition to the.above application.
On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by
--recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Hayor Earl M. Tebault, and Floyd E. Waterfield,
Jr. ~
Nays: None
Absent: Mayor Donald H. Rhodes.
City Council denied the above application of Farris C. Moore, Jr., T/A The
Factory, for a Use Permit for dancing and live entertainment on certain
property located at the Northeast intersection of Ga,~on Road and Indian
River Road; said property is located 85 feet North of Indian River Road and
165 feet more or less East of Gammon Road and is located in the Westview
Shopping Center, Kempsville Borough.
I TE~.! #4730
Mr. Ralph D. Katherman, Attorney for tlie petitioners, requested withdrawal
of the street closure matter that was deferred from ~4arch 20, 1972, relative
to the closure of Jade Street and Ocean Avenue in Lynnhaven Borough.
Mr. Jarvis and blrs. Caton indicated that they would.support the request for
a withdrawal o~ the subject matter. ~
On motion by CouncilmaWErvin, seconded by Councilman Malbon, and by recorded
__vote as follows:
,yes: Coun~i~men Robert H. Callis, Jr., Robert B. Cromwell, Jr.,. Frank A.
Ousch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. b{urray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield,.
Jr. ,
Nays: No~e
Absent: Mayor Donald H. Rhodes.
City Council approved the withdrawal of the street closure matter relative to
the closure of Jade Street and Ocea~ ~vqnue in Lynnhaven Borough.
.................... ITEM #47~1
On motion by Councilman Ervin, seconded by Councilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield,
Jr.
Nays: None
kbsent: Mayor Donald H. Rhodes.
City Council deferred for one (1) week consideration of viewers reports
relative to the closure of unnamed 20' Lane, Oceana Church of Christ, in
LYnnhaven Borough.
ITEM #4732
On motion by Councilman Cromwell, seconded by Councilman Ferrell, and 'by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
'Malbon, J. Curtis Payne, Vice Mayor Earl bl. Tebault, and. Floyd E. Waterfield,
Jr.
Nay§: None
Absent: ~{ayor Donald H. Rhodes.
City Council adopted the following Resolution authoCizing advertising of an
ordinance granting franchise to. use the streets and other public places of
__the City for its poles, wires, conduits, cables and fixtures:
VI:,_Gz::~A':: '"'":"" BEACH,. VZ::GINIA, :[:.at the annexedo,.u. zn<mcu:"
enEiCled "AN O::DINANCE C;:.,::~.~.~.[.:~,~. :,~:~,:.~,.:-:i ~,x,.:, ,' :,
TqE e~7,',,' ........ ., Ut,L: .... ?LACES *"' TM Ob
"~ V .[RJ:,~ CON.0UiTS
BE..~.~.~ VI~.~INI~. , .... :, POLES, . , .
VIRGI:,,~ :, '<~', · ~r: ,, ¢, FOR '" ''?
CABLES Ah~ '*'~ ......... "be advertis''-~
' ¢ "a a newspaper
success:ye weeks in the Virgini& ~,e<ch Sun,
l:s,:ed in the City of Virginia Beach,, Virginia, and
pub ' ':
..... ~ ircu!ation i:'~ l;b.e ~" '-~ ....
having a gen(.,_~.t c .... o
G.i.:..> o'~ V4~i:-::,
and t[.a~ o~:.<i advertisement shall :nv:ue b~,z~ for the
~ranchise proposed to be granted }.n .,a:.s
bids are to be in writing and delivered Lo the. prer.;iding
officer of the Council in open session, to be held in
Cou:,c:[1 Chamber, on the 24th day of July, 1972 a.t 2'00
P.M., the right being reserved to reject any and a!]. bids.
BE IT FURTHE:I o:~cOLVED, '
,~,~ t~a~ the inv:Ltat:ion for
b::s'' aid Ordltiancc: shali De as foJ"
bids to be pu ..... Led with s
The City of' .-~4 4.
~.:~=n~a Beach Virgi:~ia~ hereby
vires bids for the frapchise proposed oa baco..',,nt~,_.'
[cl.!owing Ordinance, duly passed by the Council ar, d
by the Mayor on the 19ch day of June, 1972, wh:[ch
Co be in wriEing and de].ivezed to ..he p o ....... er
..un .......o~,., ma City. in open sesszon, to be
Council ' ~ - ' '
C::am:e~ :n said City on (:he 24th day o¢ :",ly,..
· P .M tho ' ' '
2 00 o:clock, .,
r:gt':u [;,clng re::erved to :e'i(.:ct
ar:d ' ~
a: i 'bid~;.
sba'iL pay t'be cost o: adve-:-L:4 si ::, ..... r . , - .
] 1'l:,)i ~,/4733
('m ~notiou by Councilman For-roll, ~-o,co~<',cd by Couilc:ilma-~l Payne, and
.~ves' Counc.[].mcn llot)ert 1]{. Ca]~Js ,~;~' ~ )~ober't t~ Cromwell, Jr , Fr;~nI:
/\b s e n t:
None
~ia. yor I!o~nald It. ilho~]es.
I~i-~-v Cou:uc:i] ap~rovcd on first i~eadi:n~ the
reos.-clain.._ sect:ions of Cha[~tcr ~0 of thc Code of Vi'r~,inia.. o !~cac]~ re].a'~cin~ ,., to
bus,ness ]_~censes'
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
.,OF CHAPTER 20 OF THE CQDE OF VIRGINIA BEACH
RELATING TO BUSINESS LICENSES
Requested by City Manager in Budget Message'
~,
BE IT ORDAINED BY THE COUNCIL OF THE' CITY OF VIRGINIA BEACH, VIRGINIA
That the following Sections of Chapter 20 of the Code of Virginia
'Beach a~e amended and reord~ined to read as follows:
Section 20-39 Commercial-Service Businesses.
Every person engaged in any of the commercial-service businesses set
out in this section shall pay a license tax equal to $25.00 and 32/100ths
of one percent of the gross receipts, as defined in this chapter, in excess
of $2,500.00 in such business during the preceding calendar year.
The commercial-service businesses referred to in the first paragraph
of this section are as follows:
1. Advertising
2. Consumer Credit Reporting Agencies, Mercantile
3. Reporting Agencies and Adjustment Agencies
4. Collection Agencies
5.. Duplicating, Addressing, Blueprinting
6. Photocopying, Mailing, Mailing List and Stenographic Services
7. Building Cleaning, Disenfecting, Exterminating Services
8. 'Private Employment Agencies
9. Commercial Research and Development Laboratories
10.
11'..
12.
13.
14.
15.
16.
Business, Management, Administrative and Consulting Services
Protective Services
Equipment Rental and Leasing Services
Photofinishing laboratories
Commercial Testing Laboratories
Temporary Help Supply Services
Miscellaneous Commercial Services, not elsewhe~classified.
The Standard Industrial Classification Guide, latest edition
is hereby incorporated by reference for.~¢lassification purposes.
Section 20-4t Real Estate and Finance Businesses
Every. person engaged in any of the real estate or finance businesses
set out in this section shall pay a license equal to $25.00 and 62/100ths
of 'one percent of the gross receipts, in excess of $2,500.00 in such
business during the preceding calendar year.
Th~ real estate or finance businesses referred to in the first para-
graph of this
section shall be as follows:
1. Real Estate Agents, Brokers and Managers
2. Title Guarantee and Title Insurance Companies
3. Security and Commodity Brokers, Dealers, Exchanges, and Services
4. Miscellaneous real estate and finance businesses, not elsewhere
classified. The Standard Industrial Classification Guide,
latest edition, is hereby incorporated by reference for classifi-
cation purposes.
Section 20-42
Contract-Service Businesses
Subject to the provisions of section 58-299, Code of Virginia, every
person engaged in any of the contracting-service businesses set out in
this section shall pay an annual license tax equal to $50.00 and 17/100ths
.of one percent of the gross receipts, as defined in this chapter, in
excess of $5,000.00 in such business during the preceding calendar year.
The contract-service businesses referred to in the first paragraph
of this section are as follows:
1. General Building Contractors
2. Highway and Street Construction
3. Heavy Construction
4. Special Trade Contractors:
a. Plumbing, Heating and Air-Conditioning
b. Painting, Paper Hanging and Decorating
c. Electrical
d. Masonry, Stone Setting and Other
e. Stonework
f. Plastering and lathing
g. Terrazzo, Tile, Marble and Mosaic Work
h. carpentering
i. Floor laying and other Floorwork
j. Roofing and Sheet Metal Work
k. Concrete Work
1. Structural Steel Erection
m. Ornamental Metal Work
n. Glass and Glazing Work
o. Excavating and Foundation Work
p. Wrecking and Demolition'Work
q. Miscellaneous special trade contractors, not elsewhere
classified. The Standard Industrial Classification Guide,
latest edition, is hereby incorporated by reference for
classification purposes.
Section 20-51 Transportation.and Warehousing Businesses
Every person engaged in any of ~he transportation a~/or' ware-
housing businesses set oUt in this section shall pay a license tax of
--- $25.00 and 28/100ths of one percent of the gross receipts, as defined in
this chapter, in excess of $2,500.00, in such business during the preced-
ing calendar year.
Th~ transportation and/or warehousing businesses referred to in the
first paragraph of this section are as follows:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
· 15.
16.
17.
18.
19.
20.
Local Tr.ucking and Storage
Farm Product Warehousing and Storage
Refrigerated Warehousing
Food Lockers, With or Without Food Preparation Facilities
Household Goods Warehousing and Storage
General Warehousing and Storage
Towing and Tugboat Service
Excursion boats
Sight-seeing boats
Marine Cargo Handling '
Water Transportation Services, Not Elsewhere Classified
a. Boat hiring, except pleasure
b. Boat yards, storage and incidental repair
c. Marine salvaging
Rental or charter of commercial boats
Flying charter service
Sightseeing airplane service
Airports and Flying Fields
Pipe Line Transportation
Transportation Services
Arrangement of Transportation
Stockyards
Packing and Crating
Miscellaneous Tr.ansportation and Warehousing Businesses, Not
Elsewhere Classified. The Standard Industrial Classification
Guide, latest edition, is hereby incorporated by reference
for classification purposes.
Section 20-52 Marinas.
In the second line thereof delete one'fourth and substitute
28/100ths.
Section 20-53 is hereby repealed.
Section 20-53 Argricultural-Service-Businesses
Every person eh, gaged in any of the argricultural-service businesses
set out in this section shall pay a license tax equal to $25.00 and
27/100tbs of one percent of the gross receipts~ as defined 'in this'
chapter, in excess of $2,500.00 in such business during the preceding
calend.ar year.
The argricultural-services referred to in the first paragraph of
this section are as follows:
1. Grist Mills, Including Custom Flour Mills '
2. Crop dusting: contract
3. Crop spraying: contract
4. Weed control, on a contract or fee basis
5. Veterinarians and Animal Hospitals
6. Animal Husbandry Services
a. Animal breeding and training
b. Dog grooming shops
c. Kennels .-
7. Horticultural services
8. Miscellaneous Argricultural-Service Businesses, not elsewhere
classified. The Standard Industrial Classification Guide,
latest edition, is hereby incorporated by reference for
classification purposes.
Section 20-54 Educational-Service Businesses
Every person engaged in any of the educational-service
'businesses set out in this section shall pay a license tax equal
to $25.00 and 52/100ths of one percent of the gross receipts as
defined in this chapter, .... in excess of $2,500.00, in such businesses
during the preceding calendar year.
The educational-servi~e businesses referred to in the first
paragraph of this section shall be as fOllows:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Private Academies .
Boarding Schools
DaY nurseries
Finishing schools
Kindergartens
Nursery schools
Correspondence Schools
Aviation schools
Business colleges and schools (not of college grade)
Commercial art schools
Data processing schools
Miscellaneous Schools and Educational Services (private),
not elsewhere classified. The Standard Industrial
Classification Guide, latest edition, is hereby
incorporated by reference for classification purposes.
Section 20-58 Professional-service BUsinesses and Professions
Every ~erson engaged in any of'the professional-service businesses
or professions set out in this section shall pay a license tax equal to
$25.00 $~ 73/100ihs of one percent of the gross receipts, as defined in
this chapter, in excess of :$'.~,500.00, in such business during the preced-
lng calendar year. ,
T~e professional-service businesses and professions referred to in
the first paragraph of this section shall be as follows:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.'
18.
Accounting, auditing and bookkeeping services
Dentist and dental surgeons
Engineers, architects and surveyors
Industrial designers
Attorneys at law
Orthodonti sis
Osteopathic physicians
Physicians and surgeons
Gynecologists
Ne ur ol ogi st s
Ob stetr ician
Oculist
Ophthalmologist s
Pathologist s
Psychiatrist s
Psychoanalysts
Radiologists
Miscellaneous professional-service.businesses and professions,
not elsewhere classified. The Standard Industrial Classification
Guide, latest edition, is hereby incorporated by reference for
classification purposes. '.
Section 20-59 Repair-Service Businesses
Every person engaged in any of the repair-service businesses set
forth in this section shall pay a license tax equal to $25.00 and 38/100ihs
of one percent of the gross receipts, as defined in this chapter, in
excess of $2,500.00, in such business during the preceding calendar year.
From the second paragraph delete the following:
1. Automobile repair shop, automobile washing and
polishing and battery charging
2. Fur cleaning
3. Carpet cleaning
4. Shoe repairing
Add Section 20-59.1 Automotive-Services and Garage Businesses
Every person engaged in any of the automotive-services and garage
businesses set out in this section shall pay a license tax equal to $25.00
and 38/100ihs of one percent of the gross receipts, as defined in this
chapter, in excess of $2,500.00, in such business during the preceding
calendar year.
The automotive-services and garage businesses referred to in the
first paragraph,of this section shall be as follows:
1. Automobile Rentals, Without Drivers
2. Truck Rental and Leasing, Without Drivers
3. Utility and House Trailer Rental
4. Automobile Parking
'5. Automobile Repair Shops
6. Tire Retreading and Repair Shops
7. ~int.Shops
8..Automobile Laundries
9. Miscellaneous Automotive-Services and Garage Businesses not
elsewhere classified. The Standard Industrial Classification.
Guide, latest edition, is hereby incorporated by reference
for classification purposes.
Add 20-59.2 Certificate of Insurance Requirement
No license shall be issued for the rental of self-propelled vehicles
having less than four wheels until the applicant therefor shall have
presented a certificate, approved by the city attorney as to form and
surety, of personal liability insurance .coverage in the amount of one
hundred thousand dollars per person and three hundred thousand dollars
per accident and property damage liability insurance in the amount of
ten thousand dollars.
Section 20-83 Amusement and Recreation-Service Businesses
Every person engaged in any of the amusement and recreation-services
'businesses set out in this section shall pay a license tax equal to $25.00
and 41/100ths of one percent of the gross receipts, as defined in this
chapter, in excess of $2,500.00 in such business during the preceding
calendar year.
The amusement and recreation-services businesses referred to in the
first paragraph of this section are as follows:
1. Dance Studios and Schools
2. Theatrical Producers
3. Bowling Alleys
4. Sports Promoters
5. Skating Rinks
6. Amusement Centers
7. Golf Clubs
8. Race Track Operations
9. Motion Picture Services Industries
10. Miscellaneous ;~usement and Recreation-Service Businesses not elsewhere
classified. The Standard Industrial Classification Guide, latest
edition, is'hereby incorporated by reference for classification
purposes.
Section 20-~4.1 Medical and Other ~ealth-Service Businesses
Every person engaged in any of the medical and other health-service
businesses set out in this section shall pay a license tax equal to
$25.00 and 52/100ths of one percent of the gross receipts as defined in
this chapter, in excess of $2,500.00, in such business during the pre-
ceding.calendar year.
The medical and other health-service businesses referred to in
the first paragraph of this section shall be as follows:
Medical or dental Laboratories
Sanatoria, and Convalescent and Rest Homes
Miscellaneous Health and other Health-Service Businesses,
Not Elsewhere Classified. The Standard Industrial
Classification Guide, latest edition, is hereby incorpor-
ated by reference for classification purposes.
Section 20-55 Personal-Service Businesses
Every person engaged in any of the personal-service businesses set
out in this section shall pay a license tax equal to $25.00 and one half
of one percent of'the gross receipts, as defined in this chapter, in
excess of $2,500.00, in such business during the preceding calendar year.
The personal-service businesses referred to in the first paragraph
of this section shall be as follows:
~
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Laundries, family and commercial
Linen supply
Diaper service
Coin-operated laundries and dry cleaning
Dry cleaning and dyeing
Rug cleaning and repairing
Industrial launderers
Photographic s~udios including commercial
Photography
Shoe repair shops, shoe shine parlors and hat
cleaning shops
Funeral service and crematories
Garment pressing, alteration and repair
Miscellaneous personal services, not elsewhere classified.
The Standard Industrial Classification Guide, latest edition,
is hereby incorporated by reference for classification purposes.
Section 20-104 Levy of license tax.
Every persoh who shall conduct or.operate a barbershop shall pay
a license ta~ of $25.00 and one-half, of one percent on gross receipts,
as defined in this chapter, in excess of $2,500.00 in such business
-- during the preceding calendar year.
Section-20-107 Levy of license tax.
Every person who shall conduct or operate a beauty parlor or hair-
dressing establishment shall pay a license tax of $25.00 and one-half of
one percent on gross receipts, as defined in this chapter, in excess of
$2,500.00 in such business during the preceding calendar year, however,
that a license issued under this chapter pursuant to the payment of the
license tax set out in this section shall not authorize the teaching or
instruction of students in beauty culture or cosmetology·
Section 20-129 Hotels, motels, motor lodges, auto courts, etc.
In line three thereof substitute:
"to $25.00 and 46/100ths of one percent of the gross receipts,
as defined in this chapter, in excess of $2,500.00, during the
preceding calendar year, except receipts from telephone service
and except rent from stores and offices."
Section 20-146 Levy of license tax
In line three thereof substitute:
"to $25.00 and 12/lO0ths or.one percent of the gross
receipts, as defined in this chapter, in excess of
$2,500.00, in such business during the preceding
calendar year."
This ordinance shall be effective on and after May 1, 1973.
the
Adopted by the Council of the City of Virginia Beach, Virginia, on
day of
, 19
ITEM #4734'
On motion by Councilman Dusch, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, J~., Robert B. Cromwell, Jr., Frank A. '
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield,
Jr.
qays: Non~'~''
Absent: Mayor Donald H'. Rhodes.
City Council approved the folrowing applications for tax refunds in the amount
of $616.05:
City Attorney
~0: Mr. Dale Bim$on
}ir. V. A. Etheridge, Treasurer
F ROM:
~BJECT: Applicatiott'-~or Tax Refundu:
-fe!!e'.-:!ng npp!ieati,'~-n~ for refund of t.'-xe~ totaling $_ 616.05
certified for payment,, as set forth below:
June 13,. 190_}.~A..:A~NT O~ tAW
· TaX
Tax 'Type ..Ticket
. }lame Year of Ta>: Number
Chenman, Sol I 1972 PP 12022
3ohm--R. MacLeod 1972. MC {5'71
And son, C.- Ralp]~1972 RE 929
Bow n, E. H..ET";~LS 71 'RE% 4969
urkin Jr.. John 1972 RE 20680
.4 20680
Joseph 'C. Wallace 1972' PP 68463
Norman T. Co.x 1972 PP [ 14647
/
ation
No.
5916
'~2
652.
733
733
6426
5983
Da t e
Paid
5/17/72
4/14/72
,5/25/72
t/10/71
5/19/72.
5/19/72
.5/23/72
'5/18'/72
Vo A. Etheridge:,_Treas.urm~
Base
i i'
Pen°
alty e t '
i59.60
3.00
64.50.
55.35
83.85
83.85
107.10
58.80
l{lch,'~rd 3. Wel-/I,,~n, CilV ~lc~'k
159.6.1
64f5(
55.3~
83.8~
83.8~
107.1(
58.8(
ITEM #4735
On motion by Councilman Malbon, seconded by Councilman Holland, and by recorde
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid ErFin, George R. Ferrell,. Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield,
Jr. ~ ,
Nays: None
--~bsent: Mayor Donald H. Rhodes..
]ity Council approved the following Ordinance relative to street closures in
Diamond Springs Garden (Virginia Beach Industrial Development):
AN' ORDINANCE CLOSING, VACATING AND DISCONTINUING
CERTAIN PROPOSED STREETS AND AVENUES IN THE
SUBDIVISION OF DIAMOND SPRINGS GARDEN.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
WHEREAS, proper notice that the City of Virginia Beach Industrial
Development Authority would make application to the Council Of the
City of Virginia Beach on ~ ~f . to have the here-
inafter described streets and. av~es in Diamond Springs Garden
vacated and. discontinued, as public streets and avenues of the City of
Virginia Beach, Virginia, was duly posted at the Courthouse of the
Circuit Court of the City of virginia Beach, Virginia on the
.day of .~~ , 1972, and at two public places in the City
of Virginia h; and
WHEREAS, said application was made to the Council and pursuant
to the statutes in such cases made and provided the Council on
June 19 1972 which was ten days after said posting of
the notice, appointed· Mr. C. C. Carrington, Mr. W. W. Fleming, and
Mr. George Hanbury
as viewers to view said streets and· avenues in Diamond Springs Garden,
sought to be closed, vacated and discontinued and to report in writing
whether in their opinion, any, and if any, what,inconvenience would
result from discontinuing the same, and said viewers have made their
report to the Council by their letter dated June 19, 1972 ;
and
WHEREAS,~the land. proprietors affected thereby along said portion
of the streets and avenues proposed to be closed, vacated and. discon-
tinued have been duly notified; and
WHEREAS, it is the judgment of the Council that said portions of
the streets and avenues should be closed, vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Virginia Beach:
Section'l: That those streets and avenues in the City of
Virginia Beach, Virginia, as hereinafter described, are hereby
closed, vacated and discontinued as public streets and avenues of
the City of Virginia Beach, said Streets and avenues not being needed
· for public use and travel:
ALEXANDRIA AVENUE from the west line of Baker Road
(designated "Bayside" on the plat of "Diamond Springs
· Garden"), west to its intersection and termination
with LEE AVENUE and that certain street entitled
"pUblic Road" as appears on that certain plat entitled
"MAP OF DIAMOND SPRINGS GAROEN. Property of Follansbee
Land. Development Co. Scale: 1~' = 100' MAY 1905
E. C. FORE~L~N~ C.E.," duly recorded in the Clerk's
Office, Circuzt Court, City of Virginia Beach, Virginia,
in Map Book 3, at Page 27, a copy of which is attached
hereto.
Ail that certain right of way designated as "PUBLIC
ROAD" (as appears on the hereinabove described and
attached plat of "Diamond Springs Garden") from a
point thirty (30') feet east of the easterr~ right of
way line of Baker Road (designated "Bayside Road" on
the plat of "Diamond Springs Garden") west to its
intersection with the southern right of way line of
ALEXANDRIA AVENUE, extended.
PLUM STREET from the southern right of way line of that
certain street designated "Public Road" (hereinabove
described) south to its intersection with ALEXANDRIA
AVENUE.
PEAR STREET from the southern right of way line of
that certain street designated "Public Road"
(hereinabove described) south to its intersection with
LEE AVENUE.
APPLE STREET from the southern right of way line of
that certain street designated "Public Road" (herein-
above described) south to its intersection with LEE
AVENUE.
LEE STREET from the western property line of Lot (6)
as appears on that ~ertain plat entitled "A SUBDIVISION
OF C. F. HODGMAN PROPERTY IN PRINCESS ANNE CO. SCALE
1 inch = 100 ft~ Feb. 1903 E. C. Foreman 272 Main St.
Norfolk, Va." duly recorded in Map~Book 2, at Page 4,
(as said boundary line extended crosses LEE AVENUE)
west to its intersection and termination with ALEXANDRIA
AVENUE and "PUBLIC ROAD."
Ail that certain right of way designated as "New Road"
on that certain plat of Subdivision of C. F. Hodgman
property, hereinabove described, duly recorded in the
aforesazd Clerk's Office in Map Book 2, at Page 4.
Said streets sought to be closed are outlined in red on the
attached.plat. ~
That this ordinance shall be in effect from and after thirty
days from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 19th day of ' June , 1972.
ITEM #4736
On motion by Councilman Malbon, seconded by COuncilman Waterfield, .and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Mu ray
Malbon, J. Curtis Payne, Vice Mayor Earl-bi. Tebault fnd Floyd £. Waterfield,
Jr.
Nays: None
---Absent: Mayor Donald H. Rhodes.
City Council approved the request of Coastal Cab Company for two "For Hire"
cars (limousines) in addition to previously approved twelve taxicabs.
ITEM #4737
City Council deferred the following for one week:
1. Presentation concerning'the City's master dredging program as it
relates to the new State wetlands legislation
2. Consideration of a proposed resolution approved the plans of the
Virginia Beach Erosion Commission for the beach replenishment
program.
ITEM #4738
Mr. Sam Clay, Library Director, appeared ~efore City Council regarding
expanding library services for the visually handicapped.
On motion by Councilman Payne, seconded by Councilman Malbon, and by recorded
vote'as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. ~4urray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield,
Jr.
Nays: None
Absent: Mayor Donald H. Rhodes.
City Council approved the following Resolution authorizing the City Manager
to apply for an Urban Assistance Incentive Fund Grant to provide the visually
handicapped with a meaningful employment program and expanded library service
R E S 0 L U T I 0 N
WHEREAS: The Urban Assistance.Incentive fund as established by
the General AssemblY of the Commonwealth of Virginia in' 1968 provides
financial assistance to those localities that strive, in an inovative
and creative manner, to resolve problems of urban social concern.
WHEREAS: The City of Virginia,Beach through the auspices of the
Department of Public Libraries recognizes the need to provide a
greater spectrum,of services to its visually, handicapped citizenry.
WHEREAS: The City of Virginia Beach recognizes the need to
prov~ke the visually handicapped with direct and meaningful involvement
with the community at large in assisting in providing services to other
handicapped citizenry.
WHEREAS: The City o~ Virginia Beach has formulated a "Mainstream
Program" that will function under the auspices of "The Department of
Public Libraries to provide the visually handicapped with meaningful
employment preparing and distributing media for other handicapped citizens
presently not benefiting by such services.
WHEREAS: The meaningful and direct participation in the subject
program will not only result in expanded services reaching a greater
cross section of our handicapped community but will provide meaningful
involvement of those handicapped citizen participants.
WHEREAS: The City of Virginia Beach requests an Urban Assistance
IncentiVe fund grant in the amount of $15,000 to implement the
"Mainstream Program" The Department of Public Libraries will provide
physical facilities & support staff under present budget limitations.
The subject program will draw upon a cross section of the volunteer
community of the City of Virginia Beach as well as other private and
public agencies that profess a willingness to assist.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF'THE CITY
OF VIRGINIA BEACH:
that the City Manager is hereby authorized to cause such information
or materials as may be necessary to be provided to the appropriate
State Agencies to permit the formulation,, approval and funding of the
subject program.
AND, BE IT FURTHER'RESOLVED: that the Council of the City of
Virginia Beach gives assurance that the subject program will be
given the support of the resources of the Department of Public
Libraries and other public and private agencies as outlined within
the program document proposal.
AND, BE IT FURTHER RESOLVED: that the Governor of the Commonwealth
of V~rginia is respectfully requested to assist in the approval of
the suqject program in order that the visually handicapped citizenry
of the City of Virginia Beachcan be provided a broader spectum
of vitally needed services.
ITEM #4739
_..On motion by Councilman Payne, seconded by Councilman Waterfield and by
recorded vote as follows: '
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
.Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland~ D. ~urray
Malbon, J. Curtis~Payne, Vice ~ayor Earl ~ Tebault, and Floyd E Waterfield,
Jr. · '
Nays: None
Absent: Mayor Donald H. Rhodes.
City Council established the date of July 10, 1972, at 10:00 a.m. for a
public hearing to expand the mosquito control service into certain areas
~n Princess Anne Borough.
ITEM #4740
On motion by Councilman Holland., seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilm~n Robert H. Callis, Jr~., Robert B Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, G~orge R. Ferrell, Clarence A. Holland, D.. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E.. Waterfield,
!ays: None
Absent: Mayor Donald H. Rhodes.
City Council authorized the City Manager to execute standard water and Sewer
agreements between the Wickes Corporation (Bayside Borough) and. the City of
Virginia Beach.
ITEM #4741
On motion by Councilman Ferrell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,' Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, and Floyd E. Waterfield,
Jr.
Nays': None
Absent: Mayor Donald H. Rhodes.
--'City Council approved the following Resolution requesting the City of Norfolk
to make connections and to furnish water through a proposed water system
located aG Williams Village, Weaver Drive, Bayside Borough:
Form No. P.U. 36-2a
A RESOLUTION REQUESTING THE CITY OF NORFOLK TO
MAKE A CONNECTION AND TO FURNISH WATER.THROUGH A
PROPOSED WATER SYSTEM~ LOCATED AT
Williams Village IN THE CITY OF
VIRGINIA BEACH, FURTHER DESCRIBED BELOW:
WHEREAS~ it' is proposed by the City of Virginia Beach~ Virginia~ at
'the request of m. Lawrence Williams Village , to extend a proposed water
~ain in accordance with the existing contract between the City of Virginia
Beach and the City of Norfolk~ in Virginia Be~ch
~ in the streets listed as follows:
Name of Size of Linear No. of
Street Pipe Feet Hydrants
Easements on D. Lawrence
Williams Village apartment
site located on Weaver Drive,
Virginia Beach, Virginia
6" & 4" 803 0
all as described and shown on plan entitled, Williams Village - Site Plan
~ as prepared by
Langley, McDonald and Overman Engineers, Virginia Beach~ Virginia
Form No. P.U. 26-2b
NOW, THEREFORE~ ~BE IT RESOLVED, that the City of Norfolk be and it
hereby is, requested to make a connection of the proposed water mains
with the present mains of said City as the said designation, and upon
comple~n 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 shall be upon and
subject to the following terms and conditions:~
-1. That the said water mains shall be installed in'accordance with
the specifications 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 shall
be at the same rate now, or hereafter, charged by the City of Norfolk to
consumers beyond the limits of said City Similarly 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 furnishing 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 carried, will deliver into said mains, and if the said supplying
of water shall not be in accordance with the standard service~ the said
City of Norfolk shall not be held responsible in any way.
~. That in supplying water to consumers along the said proposed mains,
the City of Norfolk will supply the same only from its surplus supp%y~ and
that in no event shall lherebe 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 for use within its corporate limits, or
whenever the supplying of said water shall interfer& with 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 Virginia Beach°
The City of Virginia Beach shall grant to the City of Norfolk the right
to-use such mains and hydrants 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 at the request of the City of
Virginia Beach~ a rental payment of One Hundred Dollars ($100.00) a year
for each hydrant shall be paid to the CiCy of Norfolk°
ADOPTED BY THE COUNCIL of the City of Virginia Beach~ Virginia this
19th day of June ' ~ 19 72 .
ATTESTE:
APPROVED:
ITEM #4742
On motion by Councilman Ferrell, seconded by Councilman Holland, and by
recorded vote a~s follows:
Ayes: Councilmen Robert H. Callis,.Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
-adalbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, and Floyd E. Waterfield,
Nays: None
Absent: Mayor Donald H. Rhodes.
City Council approved the following Resolution requesting the City of Norfolk
to make connections and to furnish water through a proposed water system
located at Tiffany Apartments, Diamond Springs Road, Bayside Borough:
Form No.
P.U., 36-2a
A RESOLUTION REQUESTING THE CITY OF NORFOLK TO
MAKE A CONNECTION AND TO FURNISH WATER THMOUGH A
I:'ROPO~. FeD WATER ~YST~:~, .LOCATED AT Diamond Sorincm Road
-- , , IN TIlE CITY OF ¥IRGINIA~ BEACH F/FURTHER DESCRIBED BELOW..
· {EREA8, it is proposed by the City of Virginia Beach, Virginia, at
the request of rairfa× Ea~t Ltd. , to extend a proposed water
main in accordance with the. existing contract between the City of Virginia
.Beach and the City of Norfolk, in Bays i de BQrouqh
- ~ in the streets listed as follows l '
Name of Size of Linear No. of
Street ...... Pi~e , , Feet Rvdrants
Easement Continued
from Darnell St.
6" 383' i
4" 317' 0
all as described and shown on plan entitled, ~T~any Apartments. Diamond SDri~gs
Jnhn Flnr~ & Associates Ip~.. ]'~gineers, ._ April as ~ared b7
Form No. P.U. 36-2b
NOW, THEREFORE, BE IT RESOLVED, thmt.the City of Norfolk be and it
hereby is, requested to make a connection of the proposed water mains
~th the present mains of said City at the said designation, and upon
Completion of the installation of the proposed mains, to supply ~ater to
'consumers residing thereon, it being expressly understood and agreed
that the supplying of said water by the City of Norfolk shall be upon and.
· ubJect to the following terms and cond~tions~ t
1. That the said water mains shall be installed in accordance with
the specifications 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 shall
be at the same rate now, or hereafter, charged by the City of Norfolk to
consumers beyond the limits of.said City similarly 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, relsting to the furni:~;hing of ~ater 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, ~rlll deliver into said mains, and if the said supplying
of water shall not be in accordance with the standard service, the said
City of Norfolk shall not be held responsible in any way.
5. That in supplying water to consumers along the said proposed~ains,
the City of Norfolk w~l! supply the same only from its surplus supply, and
%hat in no event 'sh, ll there be any obligation on the part of said City to
.supply watez to any consumers along the proposed mains at any time when,
in the Judgement of the Co.uncil of the said City of Norfolk, the said City
shall not have sufficient supply f~r use within its corporate limits, or
whenever the supplying of said water shall interfere with 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 Virginia Beach.
The City of Virginia Beach shall grant to the City of Norfolk the right
to use such mains and hydrants for the supply of water, and further grants
to the City of Norfolk ready and reasonable' access to them.
~. That for any fire hydrant installed ~t the request of the 0ity of
Virginia Beach, a rental payment of One Hundred Dollars ($100.00) a year
for each hydrant shn~! be paid to the City' of Norfolk.
BY THE COUNCIL of the City ~f Virginia Beach, Virginia this
ADOPT]~X)i 9 th day of __ ~une
-- '" ,,, _~ 19 72
ATT~STE~
~ler4' of the Council
ITEM #4743
On motion by Councilman Ervin, seconded'by-Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Edrl M. Tebault, and Floyd E ~aterfield,
,_.,Nays: None
Absent: Mayor Donald H. Rhodes.
City Council accepted the report presented by Mr. A. J. DeBellis, Director
of Economic Development, relative to the convention center study and requeste
the City ~taff to develop a f3rmal recommendation on this study within sixty
(60) days.
ITEM #4744
On motion by Councilman Ferrell, seconded by Councilman Cromwell and by
recorded vote as follows: ,
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault and Floyd E Waterfield,
Jr. , ·
Nays: None
Absent: Mayor Donald H. Rhodes.
City Council authorized an amendment to Section 6-33 of the City Code to
'--prohibit surfing within 300 'feet of the '14th Street wooden pier.
ITEM #4745
On motion by Councilman Dusch, seconded by Councilman Waterfield and by
recorded vote as follows: ,
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne Vice Mayor Earl M Tebault, and Floyd E Waterfield
Jr. ' · . ,
Nays: None
Absent: Mayor Donald H. Rhodes.
.'City Council noted its intention to hold a closed meeting on June 26, 1972,
for the purpose of discussing items permitted for discussion under the
Freedom of Information Act of the Commonwealth of Virginia.
ITEM #4746
--On motion by Councilman Ferrell seconded by Councilman Holland the
adjourned. ' ,
Virginia
meeting
Clerk
Donald H. Rhodes, Mayor
June 19, 1972