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HomeMy WebLinkAboutSEPT 18, 1972 - JAN 15, 1973MINUTES OF THE HONORAB.LE CITY COUNCIL OF TttE CITY OF VIRGINIA BEACH, VIRGINIA September 18, 1972 T regular meeting of the Council of the City of Virginia Beach, Virginia was h d in the .Council Chambers in the Administration Bui.lding in the Borough of P,~ncess Anne, on Monday, September 18, 1972, at 10:00 a.m. The invocation was given by the ~everend Richard Stevenson, Tabernacle blethodist Church, Virginia Beach, Virginia. Councilmen Present: John A. Baum, Robert H. Callis, Jr., ~ayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Fioyd E. Waterfield, Jr Councilmen Absent: Vice Mayor F. Reid Ervin ITEM #5065 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes and Floyd. E. Waterfield, Jr, N s: None Absent: Vice Mayor F. Reid Ervin City Council approved the Minutes of the Regular Meeting of September !1, 1.972, and the readin'g of said Minutes dispensed with inasmuch as each Councilman had a.copy of the subject Minutes before him. ITEM #5066 Application of Suzanne ti. Chaplain and Sea Star Corp. for a Use Permit for bicycle rentals or,crated in c~miunction ~.dth the Castaways.~w]~te! in ~otel- I]ot~l District zoniag on certain property located on the ?~ortheast portion (Cceanfront) of Lot tl, glock 19, }h~M~es Plat, which is located on the East side of Atlantic /Wenue 1~5 feet 2orth of 1F~th Street. Said parcel is 30 feet by 19 feet. VIRGI~'~tA DEACII EOROUGll. The PlaBntt~g Comw~issien recor, r,,nnds approval of this request subject to approval by the Zonlnq Administrator rmlaFdinq the required fencinm of the area involved. On motion by Councilman Oar&'~er, seconded by Councilman Waterfie!d, and by recorded vote as follows: .3. s: Counci].me.u John A. Baum, Robert H. Callis, Jr., ~,Iayor Robert B. C mwell, Jr., George R. ;:errel]., Cllarles W. Gardner, C].arence A. Itel. land, D. :, ..ray bIalbon, J. Curt:is Pa. yne, l)ona~.o }t. I, hoaes, and Floyd E. haterfield, Jr. Nolle Ahsent: \;:ice 5Iayo~' F. Reid Urvin City Cou~cil approved the above appiica, tion of Susan]lc hl. (lhai:~t~in and Sea Sta'~ ITEM #S067 Application of f.~tchael A. Phelps for a b:,e Permit f~r inflatable boat rentals (seasonal) in t'~otel-)Iotel District (?l-l!] zoninq on certain proT'.?:rtv located at the Southeast ~nrtion (Ocm~,nfront) of Lc.t 5, ~loc!: 19, Plat of Virginia Beach, which is located on the last side of Atlantic Avenue be~inninq at a point ~0 feet more or less ~iorth of lgth Street. Said parcel is 20 feet by --- 20 feet. VIRGINIA BEACH BOROUGH. The Planning Co)~ission recover:ends apprnval of this rem4est suhlect to approval by the Zoning Administrator re~jardinq the required fencing of the area involved. On motion by Councilman Callis, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferre11, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd'. E. Waterfi. eld, Jr. Nays: None Absent: Vice Mayor F. Reid Ervin City Council deferred for one week the above application of Michael A. Phelps for a Use Permit for inflatable boat rentals (seasonal) in Motel-Hotel District (M-H) zoning on certain property located at the Southeast portion (Oceanfront) c Lot 5, Block 19. Said parcel is 20 feet by 20 feet. Virginia Beach Borough. ITEM #5068 Application of Robert 0unnington for a ~Ls_2e .[_'!crmi__~t for h'fcvcle rentals in ~,'totel-Uote! (t~i-H) zoning on certain property located at the t!orthwest cc, mar b)oc~, 13 Plat of Virginia of 12th Street and Atlantic Avenue known as Lot ll, )' " , Beach. Said area is l0 feet by 15 feet. VIRG!tlIA P.,EACH The Planning Con~ission recommends approval of this request subject to approval by the Zoning Administrator regarding the reeuired fencing of the area involw~d. On motion by Councilman Callks, seconded by-Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayo~ Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. klurray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfiel. d, Jr. Nays: None Absent' Vice Mayor F. Reid Ervin City Council approved the above application of Robert Dunnington for a Use Perm~ for bicycle rentals in Motel-Hotel (bi-It) zoning on certain property located at the Northwest corner of 12th Street and Atlantic Avenue known as Lot 11., Block ] Said area is 10 feet by 15 feet. Virg2nia Beach Borough; subject to approval by the Zoning Administrator regarding the required fencing of the area involved. ITEM #5069 ,,~Mication of Aone?.. ~ ~:arker ~or a ;~.-,e )'~ qt f~r ~irvcle rentals in c~n Atlantic Avenue and 1 On motion by Councilman Gardner, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None A ent: Vice Mayor F. Reid Ervin City COuncil approved the above application of Agnes bi. Barker for a Use Permit fOr bicycle rentals in conjunction with the Ramada Inn in Motel-Hotel (}4-H) district zoning on certain property located on the Southeast portion (Oceanfront) of Lot 4, Block 2, which is located on the East side of Atlantic Avenue and 105 feet North 6f 6th Street. Virginia Beach Borough; subject to approval by the Zoning Administrator regarding the required fencing of the area involved. ITEM #5070 A.npltcation of-Lake' Fd;'~ard Apari~'inents fora !!se Permit to Operate a nursery school on certain pro~ert~¥ located at th~~ i~e'i'~i~-w~st corner of Lake [dward Drive and ¥Iaxhan Cot~rt runninq a distance of 20~ feet ~.ore or less on the West side of Lake [d,::ard Drive known as the recreation building. Plats with more detailed infermation are available in the Office of the Department of City Planning. (Lake Edward Area). BAYSIDE BOROUGH. The Planning Commission recommends ant~roval of this request subject to standard site plan requirements as required by. the [nqineering Division. Mrs. Velma T. St Onge appeared on behalf of the applicant. O~,._motion by Councilman Holland, seconded by Councilman Rhodes, and by recorded v e as follows: A~s: Councilmen John A. Baum, Robert H. 'Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. blurray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor F. Reid Ervin City Council approved the above application of Lake Ed~,ard Apartments for a Use Permit to operate a nursery school on certain property located at the Northwest corner of Lake Edward Drive and ~axhan Court. Lake Edward Area. Bayside Borough; approval subject to standard site plan requirements as required by the Engineering Division of the Depart~ment of Community Services. k I T E M # $ 0 71 Application of Baycliff Development Corp., .for a Use Permit to construct a boat ramp with related facilities on certain propekt'y-T~ed at the Northwest intersection of Baycliff Drive and First Colonial Road, running a distance of 500 feet more or less along the North side of First Colonial Road, running a distance of 320 feet more or less along the West side of Baycliff ~rive, running a distance of 656 feet more or less along the Northern property line and running a distance of 150 feet more or less along the Western property line. Said parcel is known as ?roperty o'f Baycliff Development Corp., Parcel A, Map Flook 80, Page 61. (Baycliff Area). LYNIiIIAVEN BOROUGH. The Planning Commission recoma~.~ends denial of this request as it is the opinion of the Com;nission that this operation would be difficult to police as a private marina for the residents of the area and because of opposition from affected adjacent property owners. Councilman blalbon made a motion to uphold the recommendations of the Planning Commission to deny the above application of Baycliff D~velopment Corporation. There being no second, the motion was lost. On motion by Councilman Gardner, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, J. Curtis Payne, and Floyd E. Waterfield, Jr. N s: Counc. ilman D. Murray Malbon Abstain: Councilman Donald H. Rhodes Absent: Vice Mayor F. Reid Ervin City Council approved the above application of Baycliff Development Corporation for a Use Permit to construct a boat ramp with related facilities on certain property located at the Northwest intersection of BayclifflDrive and First Colonial Road. Said parcel is known as Property of Baycliff Development, Baycliff Area. Lynnhaven Borough; approval is subject to the stipulation that there be no commercial operation conducted in the area; subject, to the lines of the slopes be stabilized according to the review by the Department of Community Services; and further subject to site plan review by the Engineering Division of the Department of Community Services. ITEM #5072 ~'~ppltcation of the City of Virginia F, each, Public Utilities Division, for a Use Permit for a sewage pumping station on certain property beginning at a ~-~'n~:-~-O--feet more or less South of the existing Clearfield Avenue and the Southern property line of the Subdivision of Clear Acres, runnino a distance of 50 feet along the ~ast side of Proposed Extension of £1earfield Avenue, running a distance of 50 feet alon~ the b!orthern property line, runnin~ a dis- tance of 55.56 feet along the Eastern property line and~running a distance of 50 feet along the Southern property line, (Clear Acres Area). BAYSI~E BOROUGH. The Planning Comms..~on reco)rm}ends apnroval of this request subject to standard site plan reo, uirements. Mr. James Darden appeared on behalf of the application. On motion by Councilman Holland, seconded b~ Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarer~ce A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr Nays: None Absent: Vice Mayor F. Reid Ervin City Council approved the above application of the City of Virginia Beach- Public Utilities Division for a Use Permit for a sewage pumping station on certain property South of the existing Clearfield Avenue and the Southern property line of the Subdivision of Gl. ear Acres. Clear Acres Area. Bayside Borough; approval is subject to standard site plan review by the Engineering D'-'ision of the Department of Community Services. ITEM #5073 ?~,Fq~iicati~.'m of tlavqood Point Ccrr>orF;tton by C, rowCr for a ~',,, Pc'rr~it to ce?',s/m~ct a ne~,:~nn p,~mDinq s~':~ti,~:~'~ on certain pr~f-rty S~ipr:~en ,~,a<i a'.:; shoYm on ('c~::~f'~nsi~]c. [:~suipr dated ,.luiie Z2, 1c',72. S:';ith '" * ' On motion by Councilman Ferrell, seconded by Councilman Holland, and by recorded vote as follows: Ayes' Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr Nays: None Bi,sent: Vice Mayor F. Reid Ervin ~ ty Council approved the above application of Haygood Point Corporation for a bee Permit to construct a sewage pumping station on certain property located on the East side of Proposed Haygood Point Road across from the Proposed Shippen Road. Said parcel is triangular in shape. Lake Smith Terrace Area. Bayside Borough; approval is subject to standard site plan requirements as required by the.Engineering Division; and further subject to the execution of a standard sewer agreement as required by the Department of Public Utilities. ITEM #5074 Application of Virefnta Electric and Power £o., for a !.!se Permit to construct and operate an electric transfor?~er substation on certain preperty located on the t~Iest si~.!e of ()ce~na ~]oulevard beqinninq at a point 7~$0 feet )~ore or less North of the intersection of Ocean~ [~(~ulevard and ,~eneral ~<~oth ~oulevard runnin~ distance of 304.39 feet alop, q the Eastern ~,ron, erty line of which 5:q feet is the West side of Oceana !loulevard, runnino a distance of ~¥~6.26 feet alonq the ~!~rthern property line and ru.nning a distance of 819.~9 feet alonQ the Southern property line. Said parcel is irregular in shape and contains 2.497 acres. (~ed Wing Park Area). PRINCESS AHNE The Plmnnino~ Commission recommends approval of this request sub,iect to standard site plan requirements to include concrete entrance on Oceana Boulevard. -.= 50-foot minin~um easement, will be required for drainaqe of an existing ditch and a drainage structure shall be provided as reouired by the Engineering Division. Approval is further subjo~+ to a ,kd~catinn ef riqht of why 45 feet from the center line of the existin, q FO.~foot right of ;,:ay along the mere or less frontao, e on [}ceana i]oulevard (?~.,-foot deJication) as required by the Real F~state Division. Mr. Clenton Shanks appeared on behalf of the 'application. On motion by Councilman Payne, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilman John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferr&ll, Charles W. Gardner, Glarence A. Holland, D. Murray Malbon, J. Curtis Payne~ Donald H. Rhodes, and Floyd E. Waterfield, J~ Nays:. None Absent: Vice Mayor F. Reid Ervin City Council approved the above application of Virginia Electric and Power Company for a Use Permit to construct and 'operate an electric'transformer substation on certain property located on the West side of Oceana Boulevard beginning at a point 700 feet more or less North of the intersection of Oceana Boulevard and General Booth Bo~levard. Said parcel is irregular in shape and c.~tains 2.497 acres. Red l~.:ing Park Area. Princess Anne Borough; approval is ~ ~ject to standard site plan requirements to include concrete entrance on ( :aha Boulew~rd; subject to a 50-foot minimum easement required for drainage o~ an e×isting ditch and a drainage structure shall be provided as required by the }ingineeriing Division; subject to a dedica.~ion of right of way 45 feet from the center line of the exi.~ting 50-foot right of way along the 50-foot more or ]ess fronta~e on Oceana Boulevard (20-foot dedication) as required by the Real Iistate ])~vision; and further subject to scrcened planning as required by the P]an'n~in.~,, Department. ITEM #5075 Applicatio:~ of Atlantic Coast Corp~o:ration for a !!_s~_ Pe___r..~'_7'~j_t- for a 67-unit n:obile hot? Dark beqinnin~ at a point 700 f~,ot r.~r~ or la.ss Fast of ~:ird.nec~, Road, and 3nO feet %r, uth of Virninia ~ach ~ou!evard, runninq a distance of 715 feet along the Northern property line, runnin~ a distance of 557.£ feet along the Eastern property line, running a distance of Z4z~.3 feet alon~ the Southern preperty line and runnitm a distance of 849.7 feet alone the !,~estern property line. Said parcel contains 6.7 acres ~ore or less. BOROUP~H. The Planning Commission reco~ends approval of this reouest subject to City water and sewer required by the Health Department. Pub. lic Ltilitie$ Division reports that ~ublic se~;eraqe is available via Atlantis A~artments m~mn station and that a study of this pump station's capacity is necessary t~ determine if capacity increase is necessary. The Parks and ~ecreation Department recommends that the develeper submit a plat showin~ the ~roposed facilities in the one-acre park. The Planning Department further suoQests that a 6-foot screen fence and 10-foot landscaped area be nrovided along the length of the south¥:estern property line. The motion for approval further suggests participation in school site acquisition. Mr. V. A. Etheridge, Jr. appeared on behalf of Mr. Dave Miller, Jr. ¢ouncilman Malbon made a motion to uphold the recommendations of the Planning Commission to approve the application of Atlantic Coast Corporation. There bein no second, the motion was withdrawn. ITEM #5075 (a) Councilman Gardner, seconded by Councilman Baum, made a motion to amend the application of Atlantic Coast Corporation to lower the density from 67 units to 59 units, which would be 7.6 units per acre. The vote was recorded as follows: A'--s: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. C mwell, Jr., George R. Ferrell, Charles. W. Gardner, Clarence A. Holland, D. biurray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr Nays: None Absent: Vice Mayor F. Reid Ervin City Council approved the above amended application of Atlantic Coast Corporatio for a Use Permit for a 59-unit mobile 'home park beginning at a point 700 feet East of Birdneck Road, and 300 feet South of Virginia Beach Boulevard. Said parcel contains 6.7 acres more or less. Lynnhaven Borough. Approval is subject to City water and sewer as required by the Health Department; subject to the developer submitting a plat showing the proposed facilities in the one-acre park as recommended by the Department of Parks and Recreation; Public Utilities reported that public sewerage is available via Atlantis Apartments pump station and that a study of this pump,~s.tation's capacity is necessary to determine if capacity increase is necessary; subject to a 6-foot screen fence and 10-foot landscaped area be provided along the length.of the southwestern property line; approval is further subject to participation in school site acquisition. ITEM #5076 Appllcation of Lomk)n I?ri,'.,m b,!u~tist ?l~urch for a ~'~(, P~r,'it to o~3erate a Ayes' Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfie]. Nays: None Absent: Vice Mayor F. Reid Ervin City Council approved the above application of London Bridge Baptist Churcl' for a Use Permit to operate a Kindergarten in conjunction with the London B--tist Church on certain property located on the North side of Potters S d parcel conta'ins 3.42 acres more or less. London Bridge Area. Lynnha¥,.' B ough. Approval is subject to standard site plan requirements required the Engineering Division and deleted the request for a 15-foot dedication of way on Potters Road as requested by the Real Estate Division ITEM #5077 Application of t4illiam d. Conner, Jr., for a Use Permit to construct a sewage pu~pin~ station on certain property located ~-o-u-t-h of Proposed False Cape Parkway and 45~8 feet East of Propos~.d Indian Lakes ~,mflevard shown on Preliminary Site Plan & T0po for Indian Lakes Pump Station #2 by Talbot, ~!ermers, and Standinq, Ltd. dated ,~une 30, 197£. Said parcel is 80 feet by 80 feet. {Indian Lakes Area). KE?IPSVILLE BOROUGH. The Planning Commission recmF~nends approval of this request sub,leer to standard site plan requirements. Mr. William J. Conner, Jr. appeared on behalf o£ the application. On motion by Councilman Gardner, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. C--mwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield Nays: None Absent: Vice Mayor F. Reid Ervin City Council approved the above application of William J. Conner, Jr. for Use Permit to construct a sewage pumping station on certain property locat,:;~ South of Proposed False Cape Parkway and 4588 feet East of Proposed Indian Boulevard. Said parcel is 80 feet. by 80 feet. Indian~ Lakes Area. Kempsv:i Borough; approval is subject to standard site plan requirements. ITEM #5078 City Council took no action on the request of Mr. Maurice Steingold for a:n exception to the zoning moratorium to allow filing of an application for change of zoning on certain property located on the South side of 22nd in the block between Atlantic Avenue and Pacific Avenue. ITEM #5079 On motion by Councilman Holland, seconded by Councilman Rhodes, and by rec~ ~, 7 vote as follows: /'--~,s: Councilmen John A. Baum, Robert H. Callis, Jr., blayor Robert B. ( nnwell, Jr., George R. Ferrell, Charles ~.~r. Gardner, Clarence A. Holla}~.:i. L. ?.Iurray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Wate~.'.~' Nays ' None Absent: Vice Mayor F. Reid Ervin City Council approved a correction in the Minutes of July 24, 1972 tax refu~ds. The corrected total shou]_d read $271.(i9 and not $505.29 On motion by Councilman tlolland, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr Nays: None : Absent: Vice Mayor F. Reid Ervin ---qity Council adopted the following Ordinance .authorizing the conveyance of :ertain property located near the intersection of Route 655 and Seaboard Road Beverly J. Burlage and Hans S. Rosenstock: AN ORDINANCE AUTH©RIZING THE CONVEYANCE OF CERTAIN PROPERTY LOCATED NEAR THE INTERSECTION OF ROUTE 655 AND SEABOARD ROAD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: Whereas the following described property was acquired by the City of Virginia Beach and in the opinion of the City Council is now excess of the needs of the City; and Whereas it is now considered, suitable to dispose of this property. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is authorized to convey the following property: ALL that certain piece or parce~ of land together with all improvements thereon containing 0.619 acres, more particularly described as follows: Beginning at a point on the southern side of Virginia Route 655, 1902.17 feet west from its intersection with Seaboard Road; thence S 33© 39' 21" W, 628.34 feet to a pipe: 'thence N 48° 25' 19" W, 86.60' to a. point on the ~southerD side of Virginia Route 655; thence N 41° 34' 41'~E, 622.34 feet to the point of beginning, as shown on a plat entitled "Survey of a Portion of Property belonging to the City of Virginia Beach", dated May 4, 1972, made by Chewning Hoggard and Associates, Inc., Surveyors, said plat to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. IT BEING a part of tbe same property conveyed to the grantor herein by deed of Princess Anne County Water and Sanitation Authority dated September 10, 196~, and recorded in Deed Book 1129, at page 404. Adopted by 'the Council of the City of Virginia Beach on the 18th da>, of September, 1972. ITEH //508] The City Hanager indicated that he had been informed by Hrs. Florence qurner, of tl~e Virginia Beach Afl Ce~ter, thor the previ, o~slv qcheduled . · , ,'.~ [o'p the }~o:~r(hca]k Art: ~Show would inter'dc, re wit.~ thc i:~t(~ tho 1;1;li:{ C~!' ;tlld COII'[;/CiJ 511'5; . On ~_:~)tion by Councilman l'ayne, seconded b)' Councilman [toliand, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr., Mayor Robert B. Cromwell Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Hurray Malbon, J. Curtis Payne, Donald 11. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor F. Reid Ervin. City Council appointed the following persons to the Wetlands Board for terms beginning September 18, 1972: ~. Kenneth Whitehurst Sr. ,~. Wesley Payne Mr. Robert Newland Mrs. Barbara Racine Mr. Clark Fleming TERYl 1 year 2 years 3 years 4 years 5 years ITEM #5083 On motion by Councilman Callis, seconded by Councilman Fe~rell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holla'nd, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor F. Reid Ervin. City Council approved on second reading the following Ordinance to repeal Ordinance #412 and to amend and reordain Chapter 33 of the City Code by adding Section 33-90.1 relating to the impositon of tax on the probate of Wills or Grant of Administration: AN ORDINANCE TO REPEAl, ORDINANCE NUMBER 412 AND TO A~ND AND ,REORDAIN CtL~TER 33 OF THE CODE OF THE CITY OF VIRGINIA--' 'W/z/ BEACH BY ADDING SECTION 33-90.1 REI,ATINO TO IMPOSITION OF TAX ON THE PROBATE OF winns OR G ANT ADMINISTRATION BE IT.ORDAINED BY THE COUNC%L OF.THE CITY OF VIRGINIA BEACH, VIRGINIA: Pursuant to the Code of Virginia Section 58-67.1 there is hereby imposed on the probate of every will or grant of administration, not exempt by-law, a city tax of one third of amount of the state tax on such probate of a will or grant of administration as set forth in Section 58-66 of the Code of Virginia. This ordinance shall be effective from date of passage. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of __September __, 1972. ITEM ~t5084 On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert ti. CallJ. s, Jr., Mayor Robert B. Cromwell Jr., Charles W. Gardner, Clarence A. ltolland, D. Murray Malbon, J. Curtis Payne and Floyd E. Waterfield, Jr. _~Nays: Councilman George R. Ferrell bsent: Vice Mayor F. Reid Ervin. City Council approved on second reading the following Ordinance to amend and reordain Section $-10.1 of the City Code relating to the fee for reclaiming impounded dogs: AN ORDINANCE TO AMEND AND REORDAIN SECTION 5-10.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE FEE FOR RECLAIMING IMPOUNDED DOGS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That Section 5-10.1 is hereby amended and reordained to read as follows: Paragraph three, line four delete "two dollars and fifty cents" and insert "ten dollars~'. An emergency exis~ and this ordinance is effective from date of passage. First reading: September 11, 1972 Second.reading: September 18, 1972 ITEM #5085 On motion by Councilman Rhodes, seconded by Councilman Payne, and by recorded vote as follows: Mayor Robert B Cromwell Ayes: Councilmen John A. Baum, Robert H. Call~s, Jr.,· Jr., George R. Ferrell, Charles W. Gardner, Clarence A. H~lland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None --.bsent: Vice Mayor F. Reid Ervin. ~ity Council approved the following Ordinance requiring the retailer of certain vehicles (motorcycles, motorbikes, minibikes, etc.), to notify the buyer that sudh vehicles may be used on the streets and highways only upon compliance with all applicable ordinances of the city and state laws; and providing, a penalty for violation thereof: ~ AN ORDINANCE REQUIRING THE RETAILER OF CERTAIN VEHICLES TO NOT~FY THE BUYER THAT SUCH VEHICLES ~tAY BE USED ON THE STREETS' AND HIGPB~AYS ONq~Y UPON COMPLIANCE WITH ALL APPLICABLE ORDIN~NCES OF THE CITY. AND STATE LAWS: PROVIDING A PENALTY FOR VIOLATION THEREOF. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIN IA: Section 1. That no retailer shall sell any motorcycle, motorbike,. minibike, or other similiar vehicle, propelled or drawn by power other than muscular power, unless the following notice is given to the buyer at the time of the sale, and the retailer requires the buyer to sign two copies of said Notice, one which shall be retained by the retailer and displayed to any authorized officer or employer of the City on request and the other copy given to the buyer: NOTICE TO BuYER Under the ordinances of the City of Virginia Beach, Virginia, motorcycles, motorbikes, minibikes and other similiar vehicles may not be operated on the streets, alleys or highways in the City of Virginia Beach unless they are equipped and. operated in the manner required. by the ordinances of the City of Virginia Beach and the laws of the State of Virginia, particularly the provisions of the 46.1 Code of Virginia. Date Of' 'N~tice ~'i~nature of Guyer Name ~~r Section 2. That whoever violates the provisions of this ordinance shall be guilty of a misdemeanor. This ordinance shall be effective 30 days from its adoption. Adopted by the Council of th~ City of Virginia Beach, VirgLnia on the lgth day of September , 1972. ITEM #5086 · Mr. Bruce Mills appeared on behalf of the petitioners. On ]notion by Councilman Ferrell, seconded by Councilman Rhodes, and by ~.~.~'de vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Jr., George R. Ferrell, Charles W. Gardner, Clarence Ao Holland, D. Muter ~albon, J. Curtis Payne, Donald ~. Rhodes, and Floyd E. Waterfield, Jr. ays: None Absent: Vice Mayor F. Reid Ervin. City Council approved the following Ordinance closing a service access Woods of AYalon, Kempsville Borough: AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF "SERVlCE ACCESS ROAD~' WOODS OF AVALON, SECTION TWO WHEREAS, proper notice that Raco Construction Corporation would make application to the City Council of the City of Virginia Beach, Virginia to have the hereinafter described portion of public right of way closed, vacated and discontinued as a public street of the City of Virginia Beach has been duly posted in three (3) public places; and WHEREAS, pursuant to the statutes in such cases made and provided, the Council for the City of Virginia Beach, Virginia has duly appointed Viewers who have reported to said Council that no inconvenience to the public nor ~o private individuals would result from such closure, vacation and discon- tinuance; and WHEREAS, it is the judgement of the Council that said portion of said right of way should be closed, vacated and~discontinued; now therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That that certain portion of "Service Access Road", hereinaf~ more particularly desccibed, and located in the Kempsville Borough of the City of Virginia Beach, Virginia, is hereby c]osed, vacated and discontin~:~,, as a public street of the City of Virginia Beach, Virginia, said certain portion of said street no longer being needed for public use and travel: ALL THAT CERTAIN portion of that cerLain publ'ic right of way entitled, "ServiCe Access Road" as ap[~ears on the plat of Section Two (2), Woods of Avalon, which plat is duly recol-ded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 74, at page 23, and being more particularly described as "PARCEL B-1'~ on that certain physical survey entitled, "PHYSICAL SURVEY OF PARCEL B-l, SECTION T~VO, WOODS OF AVALON, KENPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA, FOR RACO COI'~STRUCTIO~] CORPORATION SCALE 1" = 20', BALDWIN AND GREGG, ENGINEERS, SURVEYORS~ PLANNERS, NORFOLK - PORTSMOUTH, VIRGINIA", a copy of which is attached hereto. Section 2. That 30 days after this date a copy of this Ordinance, cert- ified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of this City and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach, Virginia, on the _. ]8th day of Se_~_p_~em~be__r ~, 1972. ITEM #5087 On motion by Councilman Gardner, seconded by Councilman Callis, and by recorde~ vote as follows: ~'.yes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell r., George R. Ferreil, Charles W. Gardner, Clarence A. Holland, D. Murray Ialbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: V&ce Mayor F. Reid Ervin. City Council deferred for sixty (60) days consideration of viewers reports relative to closing a portion of Arctic Avenue in Virginia'Beach Borough. On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd £. Waterfield, Jr. Nays: None Absent: Vice Mayor F. Reid £rvin. '~ity Council approved an appropriation in an amount not to exceed $35,150. s the City's participation with Wickes Corporation in the cost of piping drainage ditch south of the Norfolk a~d Southern Railroad tracks wit~ two 54-inch diameter concrete pipes for a distance of 1200 feet. ITEM #5089 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Catlis, Jr., Mayor Robert B. Cromwe Jr., George R. Ferrell, Char'les W. Gardner, Clarence A. Holland, D. ~.~urray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfi~ld, Jr. Nays: None Absent: Vice Mayor F. Reid Ervin. City Council authorized Mr. V. A. Etheridge, Treasurer, to charge off uncollectible checks in the amount of $58.82. ITEM # 5090 On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by recorded vote as follows: 'Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Hurray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None ~sent: Vice Mayor F. Reid Ervin. City 'Council endorsed the request of Sheriff J. E. Marr to Mr. Robert P. Mason, Jails Superintendent, for permission to hire three persons for para- medical staff for the City of Virginia Beach City Jail to be effective immediatel, y at a salary of $.7,500. per year, and further indicated that the City would pick up its share of the cost in this matter. ITEM #5091 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by record. vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald It. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor F. Reid Ervin. City Council endorsed the request of Sheriff J. E. Marr to Mr. Robert P. Mason, Jails Superintendent, for permission for the Virginia Beach Jail ~'-.taff to eat in the cafeteria of the City Jail at the rate of thirty-five 35¢) per meal. The proceeds will be turned over to the Treasurer of the Jity of Virginia Beach. ITEM #5092 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by record¢ vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr , Mayor Robert B. Cromwe] Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Hurray Malbon, J. Curtis Payne, Do~ald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor F. Reid Ervin. City Council noted its intention to hold a closed meeting on Monday, September 25, 1972, for the purpose of ~iscussing items permitted for disucssion under the Freedom of Information Act of the Commonwealth of Virginia. ITEM #5093 n motion by Councilman Rhodes, seconded by Councilman Call~.s, the meeting Clerk City of Virginia Beach, V i r g i ni a Septel,l~er 18~ ]972 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA September 25, 1972 he regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers in the Administration Building in the Borough of Princess Anne, on Monday, September 2S, 1972, at 2:00 p.m. The invocaiion was given by the Reverend Marcus Bloodworth, LeKies Memorial Methodist Church, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilmen absent: None ITEM #5094 On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorde vote as follows: _iayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel r., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence . Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. ,,aterfield, Jr. Nays: None Absen't: None City Council approved the Minutes of the Special Meeting of September 15, 1972 and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #5095 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by record, vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Fe~rell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H Rhodes, and Floyd E. Waterfield, Jr. Nays: None bsent: None ~ity Council approved the Minutes of the Regular Meeting of September 18, 1972 and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #5096 Application of Htchael A. Phelps for a Use Permit for inflatable boat rentals (seasonal) in ~'otel-Hotel District (~l-lt) zoning on certain property located at the Southeast ~ortion (Oceanfront) of Lot 5, .Glock 19, Plat of Virginia Beach, which is located on the East side of Atlantic Avenue beginning at a ~otnt 40 feet ~ore or less )~orth of lgth Street. Said parcel is 20 feet by 20 feet. VIRGINIA BEACH BCROUGH. The Planning Commission reco~nends a~proval of this reeuest subject to approval by the Zoning Administrator regarding the required fencing of the area involved. Mr. Michael A. Phelps appeared on behalf of his own application. On motion by Councilman Baum, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Michael A. Phelps for a Use Permit for inflatable boat rentals (seasonal) in Motel-Hotel District (M---~) zoning on certain property located at the Southeast portion (Oceanfront) of Lot 5, Block 19, Plat of Virginia Beach, which is located on the East side of Atlantic Avenue beginning at a point 40 feet more or less North of 19th Street --aid parcel is 20 feet by 20 feet, Virginia Beach Borough. Approval of this pplication is subject to approval by the Zoning Administrator regarding the ~equired fencing of the area involved. ITEM #5097 Application of Texaco, Inc., by O. H. Fllppen, Jr., Attorney, for a Use Per-it to construct a gasoline supply station on certain oroperty located on the South- west corner of Shore Drive and East ~rayson Road, running a distance of 211 feet along the South side of Shore Drive, running a distance of 200 feet aloha the West side of East Grayson ~oad, running a distance of 156 feet along the'Southern roperty line, and running a distance of 305 feet along the Western property line. Ocean Park Area). BAYSIDE BOROUGH. The Planntn~ Co~ntsston recommends denial of this reeuest because of the heavy traffic along the highway in this area and because of the excessive number of gasoline supply station already existing in the area. Mr. Jim Flippen appeared on behalf of the applicant Texaco, Inc. Mr. Jones from Texaco, Inc. appea~ed before City Council. On motion by Councilman Holland, seconded by Councilman Gardner, and by record, vote as follows: '-~yes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice ayor F. Reid Er¥in, George R. Ferrell, Charles W. Gardner, Clarence A. Hollan, onald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Councilmen John A. Baum, D. Murray Malbon, and J. Curtis Payne. Absent: None : City Council denied the above application of Texaco, Inc. for a Use Permit to construct a gasoline supply station on certain propert~ located bn the South- west corner of Shore Drive and East Grayson Road, running a distance of 211 feet along the South side of Shore Drive (Ocean Park Area) Bayside Borough because of the heavy traffic along the highway in this area and because of the excessive number of gasoline supply stations already existing in the area. ITEM #$098 On motion by Councilman Waterfield, seconded by Councilman Rhodes, and by recorded vote as follows: ---~yes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwe] Ir., Vice Mayor f. Reid £rvin, George R. ferrell, Charles W. Gardner, Clarence Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and floyd E. Waterfield, Jr. Nays: None Absent: ~one City Council approved on second reading an appropriation in an amount not to exceed $55,1S0. as the City's participation with Wickes Corporation in the cost of piping a drainage ditch south of Norfolk and Southern Railroad tracks with two S4~inch diameter concrete pipes for a distance of 1200 feet. ITEM #5099 Based on his experience while working with the Mosquito Control Commission during the summer, Mr. James Batten made some suggestions to the City Council to improve the methods and means to enforce more cooperative action on the part of the public to prevent litter in the streets and parkways of the City. City Council complimented Mr. Batten on his suggestions with particular reference to the fact that he had presented some ideas that are not, at the :~resent time, employed in the City. ITEM #5100 Mayor Cromwell, on behalf of the City of Virginia Beach, presented to Mr. James W. Bright the following Resolution of Commendation: RESOLUTION OF CO~D4ENDATION WHEREAS, the City Council of the City'of Virginia Beach has been advised that Mr. James W. Bright, an employee of the State Forester, while swimming in the North Landing River at Puqgo Ferry Beach, was informed by a young girl that two other girls, ages ten and twelve, were in trouble in the water; WHEREUPON, Mr. Bright did, without hesitation or consideration of the danger to his own life, respond immediately and pulled the two young girls to safety. NOW, THEREFORE, after consideration of this heroic act, above and beyond the call of duty, the City Council does commend JAMES W. BRIGHT for his courageous act, and does direct that this Resolution of Commendation be spread upon the Minutes of this day's meeting. Given under my hand and seal this 25th day of September, 1972. Robert B. Cromwell, Jr. Mayor. ITEM #S101 On motion by Councilman ?ayne, seconded by Councilman Rhodes, and by recorded vote as follows: __Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel r., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence .. Holland, D. Murray Malbon, J. Curtis ?ayne, Donald H. Rhodes, and Floyd E. .faterfield, Jr. Nays: None Absent: None City Council cancelled the regular meeting of October 2, 1972, to allow the Councilmen to attend the 67th Annual Convention of the Virginia Municipal League. ITEM #5102 On motion by Councilman Ervin, seconded by Councilman Waterfield, and by recor¢ vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. ._N_ays: None bsent: None City Council appointed Mr. Wayne S. Flora to the Board of Electrical Examiners to fill the unexpired term of Mr. E. H.'Bowman, which ends June 50, 1975. ITEM #5103 On motion by Councilman Baum, seconded by Councilman Waterfield and by recordc vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Cal!is, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes and Floyd E. Waterfield, Jr. ' Nays: None Absent: None City Council deferred until October 9, 1972 consideration of an ordinance to amend and reordain Section 8-4 of the City Code by adding subsection (4) relati to the control of erosion and ~edimentation. ITEM #5104 On.motion by Councilman Baum, seconded by Councilman Waterfield, and by recorde vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E Waterfield, Jr. · Nays: None Absent: None [ty Council deferred until October 9, 1972 consideration of an ordinance to ~end and reordain Appendix, Title II, Subdivision Ordinance by adding Section o.S (c) relating to the control of erosion and sedimentation. ITEM #5105 Mr. Sam Houston, Sr. representing the Council of Civic Organizations appeared before City Council requesting that they consider the possibility of having one night Council Meeting a month. On motion by Councilman Rhodes, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H, Callis, 'Jr., Mayor Robert B. Cromwell 'Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd £ Waterfield, Jr. ' Nays: None. Absent: None C__ity Council approved the following Ordinance to amend and reordain Section -7 of the City Code relating to the holding of regular Council meetings: O DIN ,NCENO. AN ORDINANCE TO AMEND AND REORDAIN §2-7 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE HOLDING OF REGULAR COUNCIL MEETINGS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA: .That Section 2-7 is hereby amended and reordained to read as follows: Section 2-7 - Regular meetings of the Council shall be held in the Administration Building, Municipal Center, in the City on the first, second, third and fourth Mondays at 2:00 o'clock p. m,, of each month, unless such date shall fall upon a legal holiday, in which case the meeting will be held on the next succeeding day, which is not a legal holiday, and at the same hour, except as otherwise provided by special resolution of the Council. An emergency exists and this Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of September, 1972. ITEM #5106 The following application relative to a Certificate of Public Convenience for Norfolk Sightseeing Cruises, Inc., which is to be heard by the State Corporatio~ Commission at a public hearing on October 10, 1972 was presented to the City Councilmen for their information: On motion by Councilman Rhodes, and seconded by Councilman Baum and by recori vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwe~ Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E Waterfield, Jr. · Nays: None Absent: None __In conjunction with the request of Mrs. Anna Cotton, General Registrar, City Council approved an appropriation of $4,083 for the employment of an additiona Assistant General Registrar as follows: Salary (9 months) $3,348.00 Desk 285.00 Chair 58.80 Typewriter 390.70 Total $4~083.50 ITEM #5110 On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorde vote as follows: Ayes: Councilmen John A. Baum, Robe~rt H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D.. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E Waterfield, Jr. ' Nays: None __Absent: None The City has received agreements from 56% of the residents of Trentwood Shores Lynnhaven Borough requesting sewer installation. As this area is adjacent to Brittany Estates, Southern Points section, City Council approved this project in conjunction with sewers in the area. On motion by Councilman Waterfield, seconded by Councilman Gardner and by recorded vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid £rvin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H Rhodes and Floyd E ~aterfield, Jr. ' ' · Nays: None Absent: None --City Council adopted the following Resolution requesting assistance under the Domestic Crisis Intervention Unit Program of the Crime Omnibus and Safe Street Act of 1968 as amended: RESOLUTION WHEREAS, the Crime Ominbus and Safe Streets Act of 1968 as amended, provides federal funds to assist political subdivisions of the various states in improving their respective Criminal Justice Systems in order to reduce or eliminate inadequa- cies; and WHEREAS, there exists a need to more effectively deal with the increasing number of Domestic crisis' Incidents; and WHEREAS, a Domestic Crisis Intervention Unit Program, designed to reduce the inadequacies presently involved in the treatment of this situation will cost approximately $45,000 of which the City's contribution is estimated to be $8,000 in-kind services and $2,000 cash. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: .That the City Manager is hereby authorized and directed to cause such information or materials as may be necessary to be provided to the appropriate state agencies to permit the formula- tion, approval and funding of the aforementioned program. AND BE IT FURTH~-R RESOLVED, that the Council of the City of Virginia Beach gives its assurance that the funds needed as the City's proportionate share.of, tile cost of the approved program will be provided. ITEM #5108 On motion by Councilman Ferrell, seconded by Councilman Holland, and by record vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following Resolution requesting assistance under the Crime Ominbus and Safe Streets Act of 1968, as amended, for funds to conduct a police and public safety communications study necessary to provide the most effective external and internal communications system within the new Police- Public Safety facility currently under design: RESOLUTION WHEREAS, the Crime Ominbus and Safe Streets Act of 1968, as amended, provided federal funds to assist political subdivisions of the various states in improving their respective Criminal J~ustice Systems in order to reduce or eliminate inadequacies; and WHEREAS, there presently exists inadequacies in the police communi- cations systems network and related communications management functions. WHEREAS, there exists a ,need of high priority to perform a compre- hensive study and design analysis of the Police-Public Safety communication hardware, software, and relited management functions necessary to provide the most effective external and internal communications system within the new Police-Public Safety facility currently under design. WHEREAS, the subject communications analysis, design, and management study is anticipated to cost $~0,000., of which the City's inkind and cash con tribution will amount to $10,000. BEACH: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINI That the City Manager to hereby authorized and directed to cause suc information or materials as may be necessary to be provided to the appropriate state agencies to permit the formulation, approval and funding of the afore- mentioned program. AND BE IT FURTHER RESOLVED'; that the Council of the City of Virginia Beach gives its assurance that the funds required as the City's proportionate share of the cost of the approved program will be provided. ITEM #5111 On motion by Councilman Gardner, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None As the City has received from property owners on Whiting Lane, Sandbridge, signed water agreements totaling $6,800 or approximately 85% of the $8,000 estimated total for installation, City Council approved this project. ITEM #5112 On motion by Councilman Rho'des, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cr°mwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None As the City has received agreements from more than 75% of the residents of the Kemspville Gardens area requesting City water line installation, City Council approved this project. ITEM #5113 On motion by Councilman Payne, seconded by Councilman Waterfield, and by recor vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. CUrtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council authorized the City Manager to execute,a lease with Mr. Horace Shirley for the Green Run Farm, subject to a pro rata reduction in the amount of the lease based upon the loss of acreage utilized for other purposes. ITEM #5114 On motion by Councilman Callis, seconded by Councilman Gardner, and by recorde vote as follows: Ayes: Councilmen John A. Baum, Robe.rt.H. Callis, Jr., Mayor Robert B. Cromwel --Jr., Vice Mayor F. Reid Ervin, Georg~ R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following Resolution petitioning the Governor of Virginia to declare the area setforth a disaster area and to forward to the President of the United States a request for financial assistance to Virginia Beach: RESOLUTION WHEREAS, the City of Virginia Beach, Virginia,during the month of September 1972 suffered extensive damage from heavy rainfall, high tides and strong winds, and __ WHEREAS, the public bulkhead, north of 42nd Street has been damaged to the extent of rendering it useless to protect life and property in the event of another storm, and WHEREAS, the sandy beaches which retained the bulkhead have been eroded to the extent that the safety of the remaining bulkhead is questionable, and WHEREAS, the preliminary estimate for the replacement of the sand and bulkhead is $1,200,000 and the expenditure of such an amount will place a difficult and excessive burden upon the resources of this city, NOW THEREFORE, the city Council of the City of Virginia Beach, Virginia, does hereon petition the Honorable Linwood B. Holton, Governor of the Commonwealth of Virginia to declare the subject area a disaster area and '~to forward to the Honorable Richard --- M. Nixon, President of the United States a request for financial assistance to this city to provide for the reconstruction of the subject bulkhead and nourishment of the. ,~,, ach. Robe~ B. Crdm~el'l, Jr. -~ Mayor .Adopted by City Council, September 25, 1972 COMMONWEALTH OF VIRGINIA STATE CORPOKATION COMMISSION .... ; .... ..~' ~'-~'~ ~' ¥'~ ~ ,, 1>72. COMMONWEALTH OF VIRGINIA · ' STATE CORPORATION COMMISSION IT l~ F/I~.~.-r2R OinkeD, '~a~ the a~9~i ~uan~ gi~-no~i¢~ of ITEM #5115 On motion by Counhilman Gardner, seconded by Councilman Ferrell, and by record vote as follows: Ayes: Councilmen John A. Ba~n, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner', Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and.Floyd E. Waterfield, Jr. Nays: None :~b?ent: None G.ity Council noted its intention to hold a closed meeting on MondaY, October 9 1972, for the purpose of discussing items permitted for discussion under the Fr.~edom of Information Act of the Commonwealth of Virginia. ITEM #5116 City Council was reminded of the joint meeting of the City Council and the Planning Commission scheduled for September 27, 1972, at 2:00 p.m. in the Council Chambers for the purpose of conducting a public hearing on the propose Master Zoning Ordinance. ITEM #5117 On motion by Councilman Gardner, seconded by Councilman Rhodes, and by unanimo vote, the meeting adjourned. 'chard ~ ~'ebbon, ~-icy C~.ty of Virginia Beach, Virginia Clerk ~- ~wt F. --Cr6-Mwe~t--;- Jr., ~ayo~/' September 25, 1972 MINUTES OF THE SPECIAL MEETING OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA September 27, 1972 __A Special Meeting of the City Council of the City of Virginia Beach, Virginia and the Virginia Beach Planning Commission was held in the Council Chambers o~ the Administration Building, in the Borough of Princess Anne, on Wednesday, September 27, 1972, at 2:00 p.m., in accordance with the notice herein con- tained and for the purposes set forth as follows: _ NOT I CE Virginia Notice is herein given that onWednesday, September 27, 1972, at 2:00 p.m. in the City Council Chambers in the Administration Building at the Municip; Center, Princess Anne Station, Virginia Beach, Virginia, The City Council of the City of Virginia Beach and the Planning Commission of the City of Virginia Beach will'meet in joint session in accordance wit] Virginia Code Section 1S.1-431 (as amended) for the purpose of holding a public hearing of the proposed new Comprehensive Zoning Ordinance of the City of Virginia Beach. All persons wishing to appear before this joint hearing should register with the City Clerk on or before 5:00 p.m. Monday, September 2S, 1972. Explanation: The proposed Comprehensive Zoning Ordinance is intended to replace, after adoption of the new City of Virginia Beach Master Zoning Map, the present Master Zoning Plan of the County of Princess Anne and the Master Zoning Ordinance of the old resort .City of Virginia Beach, both of which ordinanc and plan are presently· in effect. Copies of the proposed Comprehensive Zoning Ordinance of the City of Virgi Beach will be available to the public for perusal in all public libraries the City and in the City Planning Office. The Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia shall be effective after the Ordinance approving the Official Zoning Maps of the City of Virginia Beach, Virginia are adopted by the City Council. City Clerk Virginia Beach Sun September 14, 1972 and September 21, 1972, one time.each Councilmen present: Mayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W; Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilmen absent: John A. Baum, Robert H. Callis, Jr., and Vice Mayor F. Rei~ Ervin. Commissioners present: J. Roy Alphin, Charles W. Beard, Herman R. Bonney, William H. Cleaves, Roy L. DeHart, James C. Donnelly, Arthur H. Jurgensen, R. Dean Lee, Chairman J. Harry Mote, Walter J. Pankiewicz, Bailey T. Parker, Jr., and Robert H. Watlington. Commissioner absent: R. L. Riggs. ITEM #5118 The City Clerk read the following letters into the Minutes: JOHN BAUM Route 4, Box 4216 Virginia Beach, Virginia 23457 25 September 1972 ~. Charles C. Carrinqton Director Department of Planning Municipal Center Virginia Beach, Va. 23456 Dear Charles: Late Saturday afternoon I received notice of the joint Planning Commission-Council CZO public hearing set for September 27, 1972. Since I am scheduled to enter the hospital on that date, there is little time left to meet with the staff to discuss the Comprehensive Zoning Ordinance and proposed chan~es. Therefore, I feel compelled to write down my reservations and suggestions concerning the proposed deletion of Article 12-Flood Hazard District and tho substitution of apparently much weaker Flood Plain Regulations. Your September 7 cover letter of recommendations for changes (discussed by the various workshop qroups and proposed by the administrative staff) indicates more time is needed to draw up a Flood Plain District, and that the proposed "flood plain regulations---has the full approval of staff as beinq workable and enforceable." I feel the burden of proof is upon the staff to explain that statemen~ si~c& the flood plain definition on page I0 is a choice of three different flood level elevations, "whichever is greater." Since considerable more time is requested by your department before 1'he Flood Plain District can be drawn on the zoning maps, how can adverse uses be denied or special engineering remedies applied (to oermif building) to as-yet-undefined areas? My chief concern is for the interim period durin~ which engineering studies are conducted of the city's watersheds, al lowing for increased future runoff coefficients as the lands are developed according to the CZO zoning maps. It is very likely, during that uncertain per~od of a year or so, that efforts will be made to fill portions of the flood plains-a profitable operation City of' Virginia Beach Reply To: Reid Ervin P. O. Box 716 Va. Beach, Va. 23451 September 26, 1972 Mr. Charles C. Carrington Director of Planning City Hall Virginia Beach, Virginia 23456 Dear Mr. Carrington: I am sorry that a previous commitment prevents me from attending the public hearing on the Comprehensive Zoning Ordinance scheduled for September 27, 1972. I have not had an opportunity to examine thoroughly the recommendations made.by the Planning Commission, however I will do so within the next two weeks and will present to the Council, hopefully on October 16th, the recommendations that I have. I am in complete agreement with the recommendations of Councilman Baum in connection with the flood plain section and it is my hope that the 1anguage of this section can be returned to its original wording. It is requested that this letter be read into the minutes of the public hearing. Very truly yours, Reid Ervin RE:mh -2- JOHN BAUM Route 4, Box 4216 Virginia Beach, Virginia 23457 to developers but very expensive later to the taxpayers. For that reason I strongly urge adoption of thc following recommendations: (I) Present marshes and swamps should be outlined on our first .z..onip~ map..s as fhe minimal flood plain areas existing prior to development. (It i,/ould be smaller than any of the three alternatives in the flood plain definition, and could be enlarged later after the staff studies are completed.) Our city's marshes and swamps obviously flood frequently, and the vegetation which can survive these floods stand out very clearly on aerial photographs. A few draftsmen, using modern reproduction techniques and supervised by people trained in aerial photography usage, could easily transfer these clearly defined flood plains from existing accurately scaled photographs to city maps within a week, in my opinion. (2) I strongly urge that the. original Article 12 be retained, rather than the suqgested change. The language in re- vised Sections 1202 and 1203 seems to indicate that flood plains may serve the same use as the ad,.iacent higher ground, providing the Department of Cdmmunity Services approves special engineering remedies. The revised Article 12 appears to reduce flood plain regulations tc,a vague, discretionary administrative proCedure, rather than a clearly defined city policy, always available for the public to study in the adopted ¢,ZO~ I am favorably impressed by the competent pensonnel in our Department of Community services, and sympathize with them in trying to cope with engineering problems in our rapidly growing city. However, they are understaffed (or overworked) and still forced to play "catch-up" in solving crises as they have arisen in our sometimes poorly planned developmments. They have not yet had time to develop a storm drainage master plan, which of course, would include the flood'~avs in the Flood tlazard District. I cannot agree With a policy which would gra~t additional responsibility to the department at this time, especially without clearly spelling out the regulations to the public. (3. The city's policy requiring a minimum floor elevation of 8~5 feet above mean sea level was stated both in Section 406 and Article 12 originally and certainly should stay in the C20. The proposed changes appear to remove ii' from the ordinance completely.) -3- JOHN BAUM Route 4, Box 4216 Virginia Beach, Virginia 23457 It seems particularly appropriate that we plan well now for future flood hazards considering last week's problems in the north end of the Beach from three inches or so of rainfall. It is very fortunate that the 6 to 8 inches 1'hat fell in Hewport News did not fall here, although too frequently localities wait for such natural demonstrations before they take effective flood prevention measures. Also, the^pu~.lic hearing this week on Canal Ho. 2 to relieve the Plaza'~d point out the need 'to prevent more such con- struction in the flood plains by qood planninq regulations. Although we must deal with this problem, it is frankly a disgrace to consider over throe million dollars of taxpayer's (City and Federal) money to drain an area that should have been drained by the developer in the first place, tlowever, administrative procedures of an earlier tirae allowed a narrow flood plain to be so restricted that effective maintenance in the natural drainageway is now eco~omically ~nfeasible. I would appreciate a prompt reply to these remarks. Sincerely, r~ A. ~]~u~ copies to: Hayer Robert B. Cromwell, Jr. All City Councilmen All Plannin!~ Commission Hernbers ITEM #5119 The following persons appeared before City Council regarding the proposed Master Zoning Ordinance: Mr. Jack Hanson President of Bayside Business and Professional Assoc. Mr. Isaac Herbert - on behalf of Reverend Samuel H. Wilson The Hon. Harry B. Davis Mr. P. W. Malpass Malpass Construction Company, Inc. Mrs. Opal Ayers Mr. George F. Darden, Jr. Mr. H. S. White Adm. G. S. Patrick - Virginia Beach Beautification Commission Mr. Patrick Standing - Standing, Barrow & Stell Mr. Timothy Barrow - Standing, Barrow & Stell Mrs. Bailey Mr. Syd Bradbury Mrs. Gwen Wood Mr. W. C. Eagan - Innkeepers Association Mr. Arthur Winder - North Virginia Beach Mr. Herbert Kramer - Tidewater Association of Home Builders Mr. Sam Houston, Sr. Council of Civic Organizations ITEM #5120 On motion by Commissioner Donnelly, seconded by Commissioner Alphin, and by recorded vote as follows: Ayes: Commissioners J. Roy Alphin, Charles W. Beard, Herman R. Bonney, Wiliia~ H. Cleaves, Roy L. DeHart, James C. Donnelly, Arthur H. Jurgensen, R. Dean Lee Chairman J. Harry Mote, Walter J. Pankiewicz, Bailey T. Parker, Jr., and Rober' H. Watlington. 's: None Aosent: Commissioner R. L. Riggs. The Planning Commission accepted the Master Zoning Ordinance proposed April, 1972, revised April 21, 1972 with amendments of September 22, 1972, and forwarded it. to the City Council for their consideration. Ia copy of the amended master zoning ordinance as hereon approved is on file in the Office of the City Clerk and in the Office of the Planning Director] ITEM #5120- ~' ~"" ' On motion by Commissioner Pankiewicz, seconded by Commissioner Parker, the meeting adjourned. Richard J. ~r~bbon, City Cle~'k City of Virginia Beach, ~--- ginia ~ CIAL MEETING - September 27, 1972 CITY OF VIRGINIA BEACH, VIRGINIA October 9, 1972 The regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers in the Administration Building, in the Borough of ,-Princess Anne, on Monday, October 9, 1972, at 2:00 p.m. the invocation was given by Reverend John S. Lyles, First. Presbyterian Church, Virginia Beach, Virginia. Councilmen present: Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilman absent: John A. Baum. ITEM #5121 On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorde vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Cl'arence A. Hollan D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. lays: None ~bsent: Councilman John A. Baum. City Council approved the Minutes of the Regular Meeting of September 25, 1972 and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #5122 On motion by Councilman Gardner, seconded by Councilman Rhodes, and by recorde vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Hollar D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Ftoyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum. City Council approved the Minutes of the Special Meeting of September 27, 1972 and the reading of said Minutes dispensed with inasmuch as each Councilman hac "-copy of the subject Minutes before him. ITEM #5123 (a) Application of Extendicare, Inc., ~or a Use Permit to operate a hospital and m profe~8ton&l-medtcal office building o~"~e~property located at the Northeast corner of Independence Boulevard and rlorth Witchduck Road, runn- ing a distance of 1301.g8 feet along the East side of Independence Boulevard, runntng a distance of 902.59 feet along the Southern property line of which 272.54 feet is the North side of .~4orth Witchduck Road, running a distance of 1088.17 feet along the Eastern property line and running a distance of 435,60 feet along the Northern property line. Said parcel contains 18 acres more or less. (Old Donation Manor Area}. BAYSIDE BOROUGH. The Planning Conmntsston recommends approval of this request subject to City water and eewer and participation of the developer in the remodeling of an existing pump station located at the northeast corner of the property on North Wttchduck Road as required by the Public Utilities Division and standard site plan requirements as required by the Engtneerin§ Division. The motion for approval is further subject to the following list of requirements: 1. That the parcel not be further subdivided. 2. That a 2SO-foot turn lane will be provided on the East side of Independence Boulevard to serve the hospital. 3. That a landscaping plan would be submitted for approval along with the building site plan. 4. That a landscaped berm and fence be provided buffering the existing single family area. This landscaping will be placed within a 25-foot buffer zone to be developed along the Eastern property line. $. That all overhead lighting in the parking lot adjacent to the single family area be designed to be directed away from the residences. 6. That the applicant make every effort to save all existtn.q trees on the parcel. The following appeared on behalf of the applicant: Mr. James Pickrell, Attorney, representing Extendicare, Inc. Dr. McCune Dr. Sterling R. Decker· Dr. Garrison Mrs. June Myers, representing Witchduck Civic League Mr. Charles Cunningham, representing Pembroke Meadows Civic League Mrs. Pat Powell, R.N. Mr. Jack Jennings, representing the Virginia Beach Jaycees Mr. John Waters Mr. Rolland D. Winter, representing Aragona Civic League Mr. Joseph Moore appeared on behal£ of the Tidewater Regional Health Planning Council requesting Virginia Beach to participate in a s~x-month moratorium on all hospital construction in the Tidewater area to allow the TRHPC an opportu~ to formulate recommendations regarding hospital needs ~ an areawide basis. The following appeared i~ support of the six-month moratorium: Dr. Wallace Dr. Robertson Dr. John A. Mapp The following appeared in opposition to the application: Mr. Grover Wright, Attorney, representing General Hospital of Virginia Beach Mr. B. M. Stanton, member of the Board of Directors of the General Hospi~ of Virginia Beach Councilman Holland made a motion, which was seconded by Councilman Payne, to approve the above application of Extendicare, Inc. for a Use Permit to operat~ a hospital and a professional-medical office building on. certain property located at the Northeast corner of Independence Boulevard and North Witchduck Road, subject to the recommendations set forth by the Planning Commission. Vice Mayor £rvin made a substitute motion, which was seconded by Councilman Gardner, to defer the above application of Extendicare, Inc. for a period of thirty (30) days. Recorded vote on the substitute motion as follows: Ayes: Vice Mayor F. Reid Ervin and Councilman Charles W. Gardner. ~--~ays: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George ~. Ferrell, Clarence A. Holland, D. Murray Mali~t~, J. Curtis Payne, and Floyd E. Waterfield, Jr. Absent: Councilman John A. Baum Abstain: Councilman Donald ti. Rhodes. The substitute motion was denied° I~TEM #5123 (c) Councilman Callis made a substitute motion, which, was seconded by Councilman Ervin, to defer consideration of the application of Extendicare, Inc. for six months in conjunction with the request of the T2idewater Regional Health Planni Council for a six-month moratorium, on all ho~pital construction in the Tidewat area. Recorded vote on the substitute motif-r, as follows: Ayes: Councilmen Robert It. Cailis, Jr., Vice Mayor F. Reid Ervin, and Charles W. Gardner. Nays: Mayor Robert B. Cromwe'll, .Jr., Council?~,~ George R. Ferrell, Clarence --~tolland, D. Murray Malbon, J. Curtis Payne, ~p~..:. t:;lo'vd E. Waterfield, Jr.. \bsent: Councilman John A. Baum. Abstain: Councilman Donald H. Rhodes. The substitute motion was denked. ITEM #S123 (d] Recorded vote on the original motion which was made by Councilman Holland and seconded by Councilman Payne, as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. -~ays: Councilmen Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, and Charles · Gardner. Absent: Councilman John A. Baum. Abstain: Councilman Donald H. Rhodes. City Council approved the application of Extendicare, Inc. for a Use Permit to operate a hospital and a professional-medical office building on certain property located at the Northeast corner o~!~ !~dependence Boulevard and North Witchduck Road (Old Donation Manor Area) Bayside Borough; subject to City water and sewer and participation of the developer in the remodeling of an existing pump station located at the northeast corner of the property on North Witchduck Road as required by the Publi. c Utilities Division; subject to standard site plan requirements as required by the Engineering Division and further subject to the following list c~]i requirements' 1. That the parcel not. be further subdivided. ~ e the Ease side of Independenc~ 2. That a 250-foot turn lane will be prov~.d~d on Boulevard to serve the hospital. 3. That a landscaping plan would be submitted fer approval along with the building site plan. · That a landscaped berm and fence be p~rovi~.~ ,J buffering the existing single family area. This landscaping w~]l ~->c pl~.~ced within a 25-foot buffer zone to be developed along the Eastern p~,~L~'rt~ l. ine. 5. That all overhead lighting in thc parking lot adjacent to the single famil area be designed to be directed .~a? from the re,~idences. 6. That the applicant make every ef[~ort to save all existing trees on the parcel. ITE~4 #5124 Dr. Henry McCoy and Mr. R. Bradshaw appeared before City Council on behalf of the Tidewater Community College Board of Trustees. On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorde~ vote as follows' Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Hollan --~. Murray Malbon, J. Curtis Payne, Donald ti. Rhodes, and Floyd E. Waterfield, ays: None Absent: Councilman John A. Baum. City Council indicated its commitment to provide City funds totaling $679,730. for site improvements at the Virginia Beach campus of the Tidewater Community College. ITEM #5125 Application of Jaden Development Corporation for a Use Permit for a sewage pumptl~g ~tatt~n on certain property beginning at a po-F~Fn~ feet more or less West of Kempsvtlle ~ad and 950 feet more or less South of Stewart Drive as shown on the Preliminary Subdivision of the ~reeden Property' by Talbot, Wermmrs, and Standing, Ltd., dated 6/8/72. (County ~(ave~ Area). KE,~4PSVILLE BOROUGH. The Pl&nntng Commission recon~end~ approval of this request subject to standard site plan review. Mr. Douglas Talbot appeared on behalf of the m motion by Councilman Rhodes:, seconded by Councilman .~albon, and by recordec 'ote as follows' Ayes: Councilmen Robert H. Callis, ,_Ir., Mayor Robert t~. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Fe:~:'rell, Charles ~. L]~rdner, Clarence A. Holla~ D. Murray Malbon, J. Curtis Payroll? l~onald H. Rhode~,~, and Floyd E. ~¥aterfield, Jr. Nays: None Absent: Councilman John ,\. f~aum. City Council approved -~Be above application of Jaden 9e~;'elopment Corporation for a Use Permit for a sewage pumping station on certa-in property beginning at a point 1900 feet more or 1~ .... West of Kempsville Road and 950 feet more or less South of Stewart Drive as shown on the Preliminary Subdivision of the Breeden Property by Talbot, Wermers, and Standing, Ltd., (County Haven Area) Kempsville Borough, subject to .~tandard site plan review. ITEM #5126 Al)pltcattoe of Acquisition, Inc., for a Use Permit to construct 600 motel mfficteacY condominiums on certain prope~ ex--~-e-6'Ein.q between Holly Road and Pacific Avenue across from 40th Street, running a distance of 406.50 feet along the West side of Pacific Avenue, running a distance of 908.03 feet along the Northern property line, running a distance of 376.50 feet along the East side of Holly Road, and running a distance of 852.70 feet along the Southern property line. Said parcel contains 7.647 acres. (Cavalier Hotel-Galilee Episcopal Church Area), VIRGINIA BEACH BOROUGH. The Planning Conmission reconmmnds approval of this request subject to City water and sewer required by the Health Department and a dedication of right of way 30 feet from the center line of the existing right of way along the 376.50-foot more or less frontage on Holly Road required by the ?,eal ~!state Division. The Engineering Division requires standard site plan review which shall include pave- merit widening, curbs and sidewalks and storm drains as necessary along Holly Road; $tde~alk along Pacific Avenue shall be provided and entrances shall be a minimum of 30 feet. The motion for approval suggests partictf~ation ir) school site acquisi- tion. Mr. James Bickford appeared on behalf of the applicant. Mr. Douglas Talbot appeared on behalf of the ~pplicant. Mr. Alfred L. Wood, president of Linkhorn Park Civic League and representing Galilee Episcopal Church appeared in opposition to the above application. Mrs. Elizabeth Bennett, a resident of Linkhorn Park, appeared in opposition the above application. -'-On motion by Councilman Callis, seconded by Li,~u,,.c~lman Ervin, and by recorde~ vote as follows: Ayes: Councilmen Robert H. Callis, Jr. ~ Mayor l~,~!~e~t B. Cromwell, Jr. , Vice Mayor F. Reid Ervin, Charles W. Gardner, Cla~en,~e A. ttolland, D. Murray Malb~ Donald H. Rhodes, and Floyd E. Waterf~ield, .Ir. Nays: Councilmen George R. Ferrell and J. Curtis Absent: Councilman John A. Baum. City Council approved the appl. ication of Acquisi. ti<)n, ]nc. for a Use Permit to construct. 200 motel ef'Flciency condominiums on ce~,'/ain property extendihg between Holly Road and I;aciflc Avenue across from zli)th Street, (Cavalier ttot Galilee Episcopal Yhu~ch Area) Virginia Beach Borough, subjiect to City water and sewer as rebuff'ed by the tlealth Department; subject to a ded]cation of r of way 30 feet ~r~.,n~ the center line of the existing right of way along the 376.50-foot more or less frontage on }Jolly Road ~s required'by the Real Esta Division; subject to standard site plan review which includes pavement widen curbs and sidewalks and storm drains as necessary along Holly Road, sidewalk being provided along Pacific Avenue and entrances being a minimum of 30 feet required by the Engineering Division; subject to part:icipation in school sit acquisition and further subject to all off site improvements being borne by the applicant. ITEM #5127 Mr. Larry Sancillo appeared before City Council requesting that Council recon- sider the application of Acquisition, Inc. On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. ~urray lqaibon, J. Curt Payne, Donald H.~ ~'~odes, and Floyd E. Waterfield, Jr. ~ s: Vice Mayor F. Reid Ervin. ent: Councilman John A. Baum. ~ty Council noted its intention to consider at the next regular Council Meeti on October 16, the request made on behalf of Acquisition, Inc. for reconsidera tion of the action previously taken limiting the use permit to construction of 200 motel efficiency condominiums. Council further requested the City. Clerk to notify all interested parties that appea~red on October 9, regarding this matter that this application will be heard on October 16, 1972. (COUNCILMAN HOLLAND LEFT THE CHAMBERS ) ITEM # 5128 Application of Dr. Robert W. Woodhouse, III, by Ronald P. Han~ners, Attorney, for a Use Permit for an antique shop and gift short as a subsidiary use to an existing hotel-motel on certain property beginnin~.l at a point 130 feet I~orth of 16th Street, running a distance of 50 feet along the East side of Atlantic Avenue, running a distance of 1SO feet along the ~lorthern propert? line, running a distance of 50 feet along the Eastern property line and running a distance of 150 feet along the Southern pro?erty line. Said parcel contains 7500 square feet, VIRGINIA BEACH BOROUGH. ---The Planning Con~ission recommends approval of this request. ,~r. Ronald P. Hammers, Attorney, appeared on behalf of the applicant. On motion by Councilman Callis, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. ~4urray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen John A. Baum and Clarence A. Holland. City Council approved the above application of Doctor Robert W. Woodhouse, for a Use Permit for an antique shop and gift shop as a subsidiary use to an existing hotel-motel on certain property beginning at a point 130 feet North of 16th Street, running a distance of 50 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the Northern property line, running a distance of 50 feet along the Eastern property line and running a distance of 150 feet along the Southern property line; said parcel contains 7500 square feet, Virginia Beach Borough. ITEM #5127 Mr. Larry Sancillo appeared before City Council requesting that Council recon- sider the application of Acquisition, Inc. On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by recorded vote as follows' Ayes: Councilmen Robert H. Call;s, Jr., Mayor Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Halbon, J. Curt;: Payne, Donald H. Rhodes, and Floyd Eo Waterfield, Jr. ~ys: Vice Mayor F. Reid Ervin. Isent: Councilman John A. Baum. City Council noted its intention to consider at t?~e next regular Council Meetin on October 16, the request made on behalf of Acquisition, Inc. for reconsidera- tion of the action previously taken limiting the use permit to construction of 200 motel efficiency condominiums. Council further requested the City Clerk to notify all interested parties that appeared o~ October 9, regarding this matter that this application will be heard on October 16, 1972. (COUNCILMAN HOLLAND LEFT THE CHAMBERS ) ITEM #5128 A~ltcmtton of Dr'. Robert W. Woodhouse, III, b.v Rona'!d P. Harmners, Attorney, for m U~ Permit for an antique shop and gift shop aF~ a s;~hstdtary use to an ext~ttng-~~tel on certain propert.v beginning at a point 130 feet ~(orth of 16th Street, running a distance of 50 feet alonKl the East side of Atlantic Avenue, running a distance of 150 feet along the ?~ov~thern ,property line, running a distance of 50 feet along the Eastern property line and running a dist&n~e of 150 feet along the Southern property line. 'Said parcel contains 7500 square feet. VIRGINIA BEACH BOROUGH. -- The Pl&nntng Co~ntsston recommends approval of this Mr. Ronald P. Hammers, Attorney, appeared o~ l~ehal£ of the applicant. On motion by Councilman Call;s, seconded by Councilman Gardner, and by recorded vote as follows' Ayes: Councilmen Robert H. Cail~ ~,~ Jr., Mayor l~ob~rt B. Cromwell, Jr., Vice Mayor F. Reid Ervin, ~eo~'~?.e i~- Ferrell, Charlc~ W. Gardner, D. Murray Malbon, J. Curtis Payne, Do~ai~d ~-i. Rhodes, and Fie, vd t~. Waterfield, Jr. Nays: None Absent: Councilmen Jol:~ A. Baum and Clarence A. ttc.]land. City Council approved the above application of Doctor Robert W. Woodhouse, I · ' e shop and gift shop as a subsidiary use to for a Use Permit for an antiqu, an existing hotel-motel on certain property beginning at.a point 130 feet North of 16th Street, running a distance of 50 feet along the East side of Atlantic Avenue, running a distance of 150 feel; aIong the Northern property line, running a distance of 50 feet along thc Eastern property line and running a distance of 150 feet along the Southern property line; said parcel contains 7500 square feet, Virginia Beach Borough. (.COUNCILMAN HOLLAND RETUPuNED TO CIb~\IBERS ) ITEM #51.29 Application of Boardwalk Inn for a Use Permit for a bicycle rental in con- junction with the Doardwalk Inn in ilote'lTi;i'6-t'~l (~t-H) zoning on certain property located on ti~e ¥~est side of Atlantic Avenue be.qinning at a point lO0 feet more or less North of 26th Street. Said parcel is 20 feet by 15 feet. VIRGIt~IA BEACH BOROUGH. --- The Planning Commission recon~nends approval of this request subject to the re- quirements of the Zoning Enforcement Officer. ~1r. Ronald P. Hammers, Attorney, appeared on behalf of the appli'cant. On motion by Councilman Gardner, seconded by Councilman Callis, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council approved the above application of Boardwalk Inn for a Use Permit for a bicycle rental in conjunction with the Boardwalk Inn in Motel-Hotel (M-H) zoning on certain property located on the West side of Atlantic Avenue beginning at a point 100 feet more or less North of 26th Street; said parcel is 20 feet by 15 feet, Virginia Beach Borough; subject to the requirements of the Zoning Enforcement Officer. ITEM # 5130 Application of White Way Laundry, Inc. for a Use Permit to construct three townhouses on certain property beginning at a po~n*~'lT}O feet ~.~lest of Arctic Avenue, running a distance of 50 feet along the t'~orth side of 34th Street, running a distance of l~O feet along the Uestern property line, running a distance of' 50 feet along the i.~orti~ern property line and running a distance of l~O feet along the Eastern property line. Said parcel is known as Lot 3, Block 109, Plat of Linkhorn Park and contains 7000 square feet. VIRGIi~iA BEACit BOROUGH. The Planning Commission recommends approval of this request for three town- house units subject to City water and sewer required by the ttealth Department. The motion for approval further reco~,~nends participation in school site acqui si ti on. ITEM #5132 Appltr. atton of ABC Southeastern Theatre for a Use Per,tit to operate an addt- ttom&l 6OO-seat motion picture theatre on certa-t'6' property located at the Southwest corner of Jeanne Street and Constitution Drive. Said parcel is lo- crated in the Pe~roke Mall Shopping Center. {Pembroke Area). BAYSIDE BOROUGH. The Planning Co~ntssion reconmmnds approval of this request subject to standard stte plan requirements. Mr. Taylor appeared on behalf of the applicant. On motion by Councilman Holland, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid E~rvin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum Abstain: Councilman Donald H. Rhodes City Council approved the above application of ABC Southeastern Theatre for a Use Permit to operate an additional 600~-.seat motion picture theatre on certain property located at the Southwest corner of Jeanne Street and Constitution Drive; said parcel is located in the Pembroke Mall Shopping Center (Pembroke Area) Bayside Borough; subject to standard site plan requirements. ITEM # 5133 App)tcatton of the Martinique Restaurant for a Use Permit for live entertain- m~t on certain property located on the North,s;est corner of Shore Drive and Kleen Street running a distance of 132 feet along the t'.~orth side of Shore Drtvm, running a distance of 280 feet along the Wester~ property line, running a distance of 155 feet along the Northern property line of which 57.50 feet is the South side of Page Avenue, and running a distance of 280.17 feet along the West side of Kleen Street. Said parcel is known as Lots ll, 20, 21, and 22, Block 6, Plat of Lynnhaven Shores. (Lynnhaven Shores Area). ILYN;;HAVEN BOROUGH. The Planning Con~isston recommends denial of this request. Mr. Robert Munden a?p~ared on behalf of his own application and indicated that he had been unable to appear at the Planning Commission Meeting due to late notification of the date his application would be considered. On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council referred back to the Planning Commission the above applicatio~ of the Martinique Restaurant for a Use Permit for live entertainment on certain property located on the Northwest corner of Shore Drive and Kleen Street; (Lynnhaven Shores Area) Lynnhaven Borough. City Council, in accordance with established policy regarding live entertainment, requested the City Manager to submit a report regarding the activities of the subjec' applicant. ITE~.I #5134 On motion by Councilman Ferrell, seconded by Councilman Holland, and by recorde8 vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhode-<;, and Floyd E. Waterfield, J~ Nays: None Absent' Councilman John A. Baum. '-'lty Council approved on second reading an app~opriation in the amount of 4,083 for the employment of an additional Ass i?tant General Registrar as ~ollows ' Salary (9 months) $3,348.00 Desk 285.00 Chair 58.80 Typewriter 590.70 Total I.~_+~, SI). ITEH #513.5 Vice Mayor Ervin requested that a developmenta] study be authorized to hel. p in remedying the problem of surface drainage for the North Virginia Beach area running from 50th Street to Fort Story. This study would define the scope of the design, after which the design fee could ?~:~ de~ermined by negotiations witk a Consulting Engineer. Mr. William Fleming, Director of Community Service~-;, stated that Raytheon Company--the company conducting the City's mapp::~! program--had been contacted and requested to expedite the topograph].c mapp ~,?. ~or this area. Raytheon -andicated that they would haw~ the maps avaiiai,~ within tlhe next sixty days. rom these maps the City Engineers will be able to del. ineate the scope of the roject and will then come to the C. ouncil w'~th a Jei-irt~te proposal for solving the drainage problem in the iNorth Vi r~inla Beach !T~.~',i ~5136 On motion by Councilman Ferrell~, ~conded by Counciln'~an Halbon, and by recorde vote as follow.s: Ayes: Councilmen Robert if. ~]~allis, Jr., Mayor Roberl 1~. C. romwell, Jr., Vice Mayor F. Reid Ervin, Gec~r~e .. Ferrell, Charles ~. (';ardner, (]larence A. Hollan D. Murray Malbon, J. Cu?~ ~; t~ayne, Dc~nald H. Rhodes, and Floyd E. l,:aterfield, Nays: None Absent: Councilman John A. Baum. City Council deferred consideration of an ordinance to amend and reordain Sect 8-4 of the City Code by adding subsection (4) relating to the control of erosi and sedimentation and an ordinance to amend and reordain Appendix Title II, Subdivision Ordinance 'by adding Section 5.5 (c) rela~::ing +~.o the control of erosion and sedimentatio:t~. '-']OUNCILMAN PAYNE AND COUNCILMAN WATERFIELD LEFT TIlE COUNCIL CHAMBERS) ITEM #5137 Mr. William E. Rachels appeared in favor of the following ordinance. On motion by Councilman Callis, seconded by Councilman Malbon, and by recorded vote as follows: ~yes: COuncilmen Robert H. Callis, Jr., M~ye'; ~,obert B. Cromwell, .Jr., Vice ~ayor F. Reid Ervin, George R. Ferrell, Cha~'i,~. '~. Gardner, Clarence A. Hollam Murray Malbon, and Donald It. Rhodes. Nays: None Absent: Councilmen John A. Baum, J. Curtis Payne, and Floyd E. Waterfield, Jr City Council adopted the follow.kng O~dinance to authorize certain encroachment over a portion of Atlantic Boulevard and cc~;t~in encroachments over 38th Stree AN ORDINANCE TO AUTHOR!Z?] CERTAIN ENCROACHME~TS C:Vi~R A PORTION OF ATLANTIC ~5Ot1LEVARD AND CERTAIN ENCROACHMENTS OVER 38th STREET BE IT ORDAINED BY THE COUNCIL OF T~tE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to the authority co~tained in Section 15.1-377, Code of Virginia (1950), as amended, the owners of a certain parcel of land and the improvements thereo~ situated in the Borough of Virginia Beach are authorized to maintain certain encroachments of patios into Atlantic Boulevard and certain encroachments of a wooden fence on 38th Stre~et, as shown on the surw~y which is attached to this Ordinance and captioned "Physical Survey of Lots 1, 2, 3, 4, 5 and 6, Block 86, and Lots 6, 7, 8, 9 and[ 10, 'Block 87, Virginia Beach Development Company Map No. 3 and 20' Strip Abutting Lot 10 to the West (Formerly Norfolk Southern Railway Company Right of Way) for Virginia Strand Associates, Virginia Beach Borough - Virginia Beach, Virginia, Scale : 1"=20', June 12, 1972" prepared by Marsh and Basgier, Consulting Engineers-Surveyors, which survey states that it was revised September 26, i[972. This encroachment is authorized until such structures are destroyed or removed by the owners. The encroachment shall be removed at the request of the City or agent thereof. Nothing herein contained shall be construed to relieve said owners of any negligence on their part on account of any such encroachment. An emergency exists and this Ordinance shall be in effect from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of October , 1972. I'TEM #5138 On motion by Councilman Callis, seconded by Councilman Gardner, and by recorde vote as follows: Ayes: Councilmen Robert Ft. C~llis, Jr., Mayor l~obert B. C, romwell, Jr., vice Mayor F. Reid Ervin, George R. Ferre:ll, Charles P~'. (;ardner, Clarence A. Hollan D. Murray Malbon, and Donald t!. Rhodes. --Nays: None Absent: Councilmen John A. Bau~n, J. Curti~ l.'z~yne, a~td Floyd E. Waterfield, Jr City Council adopted the following Ordinance to amend and reordain Section 2-8 of the City Code relating to the opening of Counc]i meetings and order of business therefor: AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PERPETUAL AND CONSTRUCTION EASEMENTS AND OTHER INTERESTS, NECESS~J~Y I~ND INCIDENT~,L THERETO, OVER, UNDER AND THROUGH CERTAIN REAL PROPERTY LOCATED IN BAYSIDE BOiiOUGH AS SHOWN ON PLANS ENTITLED "PLAT SHOWING SE~'~iER, W~TE].i! AND UTILITIES EASEMENT AND TF, MPORARY CONS~iUCTION EASEM/~NT AND PUMPING STATION SITE FEOM VIt~GI?~IA ?;LECTRIC A~D POWER COMPANY, CLIFTON T. AND i[~2qii,]}~i E. CH~'.LK, AND HOLCAP CORPORATION FOIl THE ~i;.~i~'Y OF VIRGINIA BEACH, VIRGINIA, BAYSIDE BOtiiOUGH~ ~CALE: 1" = 50', REVISED JULY 24, 1972,TM BY ~!.Gi<EEMENT OR BY COND]~MNATION AND TO ~,PPI, OPRI~,.r ~ THE NECESSARY FUNDS o WHEREAS, In the opinion of the ~ "~ (~ounc~ of the City of Virgini~ Beach, Virginia, a public necessity exists for the ac~'~_~zr~.n~' ~, extend- · ing, locating, est~blishing~, maintaining~ ~n~: enlargin~ the Sewer System of the City of Vir,~inia Beach, Virginia, ~nd other public utilities for the daily operation of the Department of ~' ~'~ _~,~.c Utilities and for the ~ ~ comfort con- preservation of the safety, health, pe~ce, ~,c~ order, , venience, moral and ?Teneral welfare of the ~i~'~,~bitants of the City of Virginia Beach, Virginia. NOW, THEREFO~iE, BE IT ORDAINED BY TD~i~ ~,]C!~?~CIL OF THE CITY OF VIRGINIA BEACH, VIi~iGINIJ~: Section 1 That pursuant to Chapter , ~ ticle 1, Section 15 1 292 and Section 15.1-320, Co~]e of Virginia, l~j~i~, ss amended, the City of Virginia Beach, Virginia, hereby establish~,s, ]oc~tes, maintains, extends and enlarges the Sewer System of the ,~Sity of Virginia Beach, Virginia, by the c ~truction of Force Mains anc~ l~u;~q~ing Stations as shown on plans e~titled ~'Project 72-7 Sanitary Sewer~-]~ie Facilities L & J Gardens, Diamon~ Lake £ststes and L~:wson Forest" prepared Langley, '~ Ccale: 1'~ = 50' McDonald, Overman ~onsulting Engineers, ~ Section 2. Ti~at the City Attorney or t[~e ~'-.ssist~nt City ;~,ttorney is hereby authorized and directed to ~cquire ]~,~y purchase or condemnation pursuant to Sections 15.1-292 and 15.].-320, .Code of VirRinia, 1950, as amended, all those certain perpetual and construction easements and other interests necessary and incidental thereto, described in the aforementioned plans on file in the office of the City Engineer. Section 3. The City Attorney or the Assistant City Attorney is hereby authorized to make m reasonable offer to purchase from the owners or persons having an interest in said ].and, and if, said offer is not accepted to institute condemnation proceeding and to obtain the right of entry on said properties. Section 4. The necessary funds for the ~?praisals and acquisition of said land and necessary or incidental in~e~:ests therein are hereby appropriated. Section 5. An emergency is hereby c!ec'!~red to exist and this ordinance shall be in effect from the date of its p~sssge. the Adopted by the Council of the City of ¥~ir'.~.inis Besch, Virginia, on 9th day of October , 1972. ITEH #5140 On motion by Councilman Gardner, seconded by Counci]man ~,Ialbon, and by recorded vote as follows: Ayes: Councilmen Robert It. Callis, .Ir., Mayor Robert E. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. f;ardner, Clarence A. Holland, D. Murray Malbon, and Donald I~. Rhodes. Nays: None Absent: Councilmen John A. Baum, J. Curtis Payne, and Flo,vd E. Waterfield, Jr. To fully implement the Department of Public Libraries LEAA grant for Library services to the City Jail, City Council approved a transfer of $7,510 from the City's general revenue account--$4,750 to Department account 805; $1,200 to account number 803A and $1,560 to account number 801. (COUNCILMAN PAYNE RETIJRNED TO COUNCIL CHAMBERS) ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN §2-8 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE OPENING OF COUNCIL MEETINGS AND THE ORDER OF BUSINESS THEREFOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, §2-8 is amended and reordained to read as follows: Upon the appearance of a quorum at a regular meeting of the Council, the Mayor, or in his absence, the Vice-mayor, shall open the business of the meeting. The order of business shall be: (1) Calling of the roll by the Clerk. (2) Reading proceedings of the last meeting; provided, however, that such reading may be suspended when a copy of the proceedings has previously been read by each Councilman. (3) Public hearings previously called by City Council. (4) The order of the docket shall be as follows: (a) Items to be presented by City Clerk. (b) Items to be presented by City Attorney --- (c) Items to be presented by City Manager (5) Old business deferred from previous meetings including any report of the Mayor or committees named by Council. (6) New business, including presentations by Council- men, citizens and organizations. (7) Adjournment. An emergency exists and this Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of October , 1972. ITEM #5139 On motion by Councilman Holland, seconded by Councilman Rhodes, and by record ---vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid ~rvin, George R. Ferrell, Charles W. Gardner, Clarence A. Holla D. Murray Malbon, and Donald H. Rhodes. Nays: None Absent: Councilmen John A. Baum, J. Curtis Payne, and Floyd £. Waterfield, Jr City Council adopted the following Ordinance to authorize the acquisition of property interests and construction easements for a pumping station site and to appropriate the necessary funds therefor, for Project 72-7: ITEM #5141 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: __Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice ~ayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland }. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilmen John A. Baum and Floyd E. Waterfield, Jr. In conjunction with the State Compensation Board, City Council approved an appropriation of $2,267 for salary and $765 for business travel to cover the expenses of a new field deputy in the Office of the Commissioner of Revenue. ITEM #5142 On motion by Councilman Payne, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilmen John A. Baum and Floyd E. Waterfield, Jr. In accordance with the recommendation of Mrs. Frances S. Elrod, Director of the Department of Social Services, City Council approved a State-Local Hospitaliza- tion Contract with the Norfolk General Hospital. This contract proposes a rate of $75 54 per patient day and outpatient and/or emergency room service at the rate o~ $8.00 per visit. ITEM #5143 On motion by Councilman Payne, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilmen John A. Baum and Floyd E. Waterfield, Jr. City Council adopted the following resolution of commendation to certain city employees for their outstanding services during the recent flooding in the City ITEM #5144 On motion by Councilman 'Ferrell, seconded by Councilman Holland, and by recordc vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None --Absent: Councilmen John A. Baum and Floyd E. Waterfield, ,Jr. In accordance with the request of Dr. Madge May, Director of the Health Department, City Council approved the transfer of $14,000. contained in the operating budget of the Health Department for dental equipment to Account 1120 for the payroll of one registered nurse and two clerk typists totaling $9,594. and $3,710. for contractural services for bacteriological testing of milk and taking water samples along the Chesapeake Bay and Atlantic Ocean and additional equipment for audio-visual aid in conducting food handlers training for all the food handlers in ¥irginia Beach. This transfer has been approved by the State. R E S O L U T I 0 N O P C 0 M M E N D A T I 0 N WHEREAS, during the month of September, 1972 the City of Virginia Beach, Virginia, suffered extensive damage from heavy rainfall, high tides and strong winds. Damage was in the form of destruction of municipal bulkheads and beaches, as well as water damage to personal property and inundation of public streets; and '~ WHEREAS, it is with pride that the City Council of this City has received many expressions of appreciation from citizens for services rendered by municipal employees above and beyond the call of duty. NOW, THEREFORE, in recognition of the services rendered by the operating departments of this city, and especially, the Division of Highways, Utilities, Police and Civil Defense, the City Council does hereon express appreciation and gratitude and does direct the City Clerk to spread this Resolution of Commend- ation upon the records of this days meeting and to provide additional copies of this Resolution to the City Manager for distribution to the Department Supervisors concerned in this matter. Given under my hand and seal this 9th day of October, 1972. Robert B. Cromwell, Jr. Mayor ITEM #5145 On motion by Councilman Gardner, seconded by Councilman Holland, and by record vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Hollan D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilmen John A. Baum and Floyd E. Waterfield, Jr. City Council designated the following department heads as the City's represent tive on the Project Management Board for the Camp Pendleton Project: Health Department--Doctor Madge May, Director Department of Social Services--Mrs. Frances Elrod, Director Juvenile Probation--Mr. Gordon Turner, Chief Probation Officer Department of Education--Mr. E. E. Brickell, Superintendent of Public Schools The Chapter Ten Board--Dr. Jean Dowling Police Department--Colonel W. W. Davis, Chief of Police Juvenile Court--Judge Fred Aucamp ITEM #5146 Mr. Sandy Bolin appeared before City Council concerning trees on Edmonds Road. ~City Council requested the City Manager to look into the matter and report back to them. ITEM #5147 Mrs. Kitty N. Hudgins appeared before City Council concerning the installation of a stoplight at Hilltop North Shopping Center. City Council requested the City Manager to notify the Merchants Association of the Hilltop North Shopping Center that if they do not install a traffic light at this particular intersection to alleviate the tra£fic situation created by the shopping center, at the next regular Council Meeting City Counc~ will close their entrance on Laskin Road allowing them ingress only by the service road. ITEM #5148 Mrs. Gwen M. Wood appeared before City Council regarding the contribution of certain properties ~n the Shadowlawn area. City Council requested Mrs. Wood to take her complaint to Mr. Scott who will investigate the matter and present his findings to Council. ITEM #5149 On motion by Councilman Callis, seconded by Councilman Ferrell, and by recorde vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Hollan D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: Absent: None Councilmen John A. Baum and Floyd ~. Waterfield, Jr. City Council noted its intention to hold a closed meeting on October 13, 1972, and October 16, 1972, for the purpose of discussing items permitted for discus sion under the Freedom of Information Act of the Commonwealth of Virginia ITEM #5150 On motion by Councilman Ferrell, seconded by Councilman Holland, the meeting adjourned. Rihhard J-. Uebbon, City Clerk Robert B. Cromwell, Jr., Mayor City of Virginia Beach, Virginia October 9, 1972 MINUTES OF THE SPECIAL MEETING OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA October 13, 1972 A__Special Meeting of the City Council of the City of Virginia Beach, Virginia .s held in the Council Chambers of the Administration Building, in the Borough Princess Anne, on Friday, October 13, 1972, at !1:00 p.m., :Ln accordance .._th the notice herein contained and for the pur?os:~.~ set forth as follows' October 10, 1972 The Honorable Mayor Members of the Council Gentlemen: In accordance with the Code of the city of Virginia Beach, Section 2-9, notice is hereon given that a Special Meeting of r>e~¢.h will be held in the the Council of Council Cha~oer:3, Administration Building, Municipal Center, Princess Anne Station, Virginia Beach, Virginia, at 11 a.m., Friday, October 13, 1972, for the purpose of receiving design bids for Parcel "A" of city owned propcTrty at Rudee Inlet. /, yo~r~~ very truly~ , ~ ?i ~oger M. Scott~ Cit~/Manager RMS :gs Coun. cilmen present: Mayor ]~_obert B. Cromwell, Jr., Vice Mayor F. Reid £rvin, Ge6rge R. Ferrell, Charles W. Gardner, D. Hurray Halbon, J. Curtis Payne, and Donald H. Rhodes. Councilmen absent: John A. Baum, Robert H. Callis, Jr., Clarence A. Holland, and Floyd E. Waterfield, Jr. ITEM #5'!51 Mr. Carroll G. Clough, Purchasing Agent, opened the bid submitted by McLeskey- Cohen Associates and indicated that all the documents were in ~roper order ~-. Clough noted receipt of a cert-]t~ied check ~n the name of McLeskey-Cohen ~ ~ociates in the amount of $25,000. Mr. Grover Wright, Attorney and Mr. 5amuel E. Shclshy, on behalf of the bidder, presented graphic drawings and made explanations to questions asked by the Councilmen. ITEH #5152 City Council received the bid of HcLeskev--Cohen Associates and returned it to the Administrative Department for a report. IiTEM ,~5153 On motion by Councilman Ferrell, seconded by Councilman Garqne'r, the meeting adjourned. ~chard J. We.~on, C it.,v~Cler~ ~_ty of Virginia Beach, Virginia Specila Meeting - October ~3, i~-~rt B. Cromwell, Jr., Mayor MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA October 16, 1972 rb.e regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Cha~nbers in the Administration Building, in the Borough of Pr~ncess Anne, on Monday, October 16, 1972~ at 2'00 p.m. The invocation was given by Reverend David Henry:, Bayside Baptist Church, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert I1~ Callis, Jr., Mayor Robert B. , ~ Vice Mayor F Reid Ervin (;eorge R Ferrell, Charles W. Gardne~ C~omwell ,Jr , ~ , ' Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilmen absent: None ITEM #5154 On motion by Councilman Gardner, seconded by Councilman Ferrell, and by recorded vote as follows' Ayes: Council. men Robert H. Callis, Jr., Hayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None Abstain: Councilman John A. Baum. City Council approved the Mirc;tc:i~iiof the Regular ~.c.:eting of. October 9, 1972, and the read.!?'.g of said Mi~.:~:".'; spensed with inasmuch as each Councilman ha a copy of the subject Hinut:'~ :~efore him. ITEM #5155 On motion by Councl.!man Ferrell, seconded by Councilman Gardner, and by recorded vote as .... Ayes~ Mayor Robert B. Cromwell, .Jr., Vice Mayor F. Reid Ervin, Councilmen George R~ Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, jo Cur~.~.s~' Pa~:'ne, and Donald H. Rhodes. Nays: None Absent: None ,.-Abstain: Couacilmen John A. Baum, Robert H. Callis, Jr., and Floyd E. Waterfield, City Counci~i. :~pproved the Hinutes of the Special Meeting of October 13, 1972 and the readi~g of said Minutes dispensed with inasmuch as each Councilman hi a copy of the subject Hinutes before him. ITEM #5156 f ~ar aret Lies for a Use Permit for a nursery (babysitting) on ~prltcatton o . .g . _ - ~ "- of Independence Boulevard tatn property.located, a_t_th~.)+t??jwe.~t~°~m~~ along t West side of and Jeanne Stree=, runnlrig is u~=~,=-v= ~, Independence Boulevard, running a distance of 120 feet along the North side of Jeanne Street, running a distance of 90 feet along the Western, propertY line and running a distance of 120 feet along the I, torthern property line. Said parcel is known as Lot gl, Block 15, Pembroke .V, anor Section Two and contains lO,O00 square feet. (Pembroke Manor Area). BAYSIDE BOROUGH. The Planning Con~isston recon~ends denial of this request due to the safety hazard that could be created by patrons of this service, opposition voiced by property owners in the area, and the belief th<~t this application would permit an intrusion of non-residential activities in a residential area. Mr. Joseph Canada, Attorney, appeared on behalf of the applicon requesting deferral. Mrs. McGuire, representing the opposition, agreed to the deferral. On motion by Councilman Gardner, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert ~{. Callis, Jr., Mayor Robert B. Cromw, Jr., Vice Mayor F. Re. id Ervin, George R~ Ferrell, Charles W. Gardner, Claren A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd Waterfield, Jr. Nays: None Absent: None --- City Council deferred until October 30, l!i~I: ~ the above application of Marg~ Lies for a Use Permit for a Nursery (ba]~!/~':tting) on certain property locat~ at the Northwest corner of Independence B~>~ievard and Jeanne Street, Pembro] Manor Area) Bayside Borough,, iTEM #5157 Mr. Larry Sancilio appeared on behalf of Acquisition, Inc. and withdrew his request for reconsideration.. Mr. Alfred L. Wood, on behaIf of the opposition, appeared in support of thc previous motion of October 9, 1972, granting the applicant a use permit to construct 200 mote-' efficiency condominiums- As the request for reconsideration was withdrawn, the Council motion of October 9, 1972, granting Acquisition, Inc. a Use Permit to construct 200 motel efficiency condominiums subject to the stipulations therein stated remains in effect. ITEM # 5158 p, pplication of John Small for a ~J~. permit to operat? q,a,.m~? of skill and science (f~tsball) on certain p6~or~~ locate~ on t.~o wes~ side of South L~nhaven ~ad tn p~perty ~no~ as the ~,~ini ).tall - 463-B South Lynnhaven Road. Said p~pert~ is sh~m on Plat of flint ~ll, Parcel "B", Section 21, Princess ~ne Plaza, Talbot a~d Associates ~/3/70. (Princes Anne Plaza A~a). LYNNHAVEr~ ~ORO~G~. The Planning Con~ission reco)~l~end~ o~val of this request ~vided the · ~-, ' ~.-aini~ize congestion tn the ~cessary bicycle racks ~r~ !~c.~.:~,~ ~o a~ to . Mr. Owen Pickett ~ppeared on behalf of the applicant. Mr. Bill Ingle, representing the Mini Mall Merchants Association, appeared i~ opposition to the above application. Mr. Lu~s, a merchant in the Mini Mall, appeared in opposition to the abov~ application. Col. A. T. Wood appeared in support of the above application. On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Crom% Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clare] A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd ] Waterfield, Jr. Nays: None Absent: None City Council deferred for a period of thirty (30) days the above applicati° 't to o erate games of skill and science (footsbal hn Small for a Use Perm~ -? ...... ~-~e of South Lvnnhaven Road in prc Jo . er~ locate~ on tne ~ -~ ~ ~ - . rou h. The n certain prop Y 0 · · s Anne [-,la~a ~, ~ Y . ,.m as the M~n~ Mall, (Pr~nc~ -~- ~--;~.+ration an oooortun~ty to subject deferFal_wa~ Ca~ ~?tl~hments and to make recommendations t? Cot investigate the zoorsoa~ · ion whichiwill allow their continued operation[, i~oar in~ 9ossible leg~slat k .... *~nt ma 'a ~ement. Consideration w~ with s=r~cte~ enforcement to ~,, . P also to be gzven to the best locations for such facilities. ITEM #5159 App tcatton of Carva Food Corporation T/A ttnkhorn Yacht Sales= for a Use 1 t for marine pleasure craft sales and service including ~ boat sT~s Permt _ _ ...... ,-- -- - -otnt 653 feet more or less East of Certain roperty beginning au = w ~rtole Drtvep, running a distance of 72 feet more or less along t~ North side of Lasktn Road, running a distance of 333 feet more or less along the Western property line, running a distance of 68.21 feet alon~ the Northern property line of which 45 feet more or less is the Southern boundary of Ltnkhorn Bay, and running a distance of 294.93 feet along the Eastern pro~rty line. (Ltnkhorn Shopping Center Area). LYNNHAYEr( BOROUGH. The Planning' Conmtsston re~on~nends approval lof this request subject to a dedica- tion of right of way 80 fe~.t from the cente~ line of the existing 13§-foot right c ~ aloha the 72-foot ~ore or less fronta.~e on Laskin Road (a 1Z.5-foot dedicattor ~Y ~ ~i . required by the Real Estate ,~ viston~ Engineerin.q Division requires standard site plan requirements to include pavement widening, curb and gutter, Sidewalk and storm drains as necessary alon~ the frontage on Lasktn ~oad. The motion for approval includes City ~ater and sewer and compliance with state law governing marinas as required by the )~ealth Deparment. ?~r. ~'hi!ip G. Denman, Attorney, appeared on behalf of the applicant. Mr. Denman indicated that the applicant is willing to comply with all of the recommendations set forth by the Planning Commission, except the 12.5 foot dedication of right of way required by the Real Estate Division as the subject property is being leased. On motion by Councilman Malbon, seconded by Councilman CalDis, and by recorde vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robe~rt B. Cromw( Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Claren¢ A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Carva Food Corporation T/A Linkhorn Yacht Sales for a Use Permit for marine pleasure craft sales and service including 5 boat slips on certain property beginning at a point 653 feet more or less East of Oriole Drive, Linkhorn Shopping Center Area, Lynnh~ Borough, subject to standard site plan requirements to include pavement widening, curb and gutter, sidewa.~k and storm drains as necessary along the frontage on Laskin Road as required by the Engineering Division; subject to City water and sewer and compliance with state law governing marinas as required by the Health Department. City Council deleted the Real ~state Requirement requesting a dedication of right of way 80 feet from the center line of the existing 135~foot right of way along the 72-foot more or less frontage on Laskin Road (a 12.5-foot dedication). ITEM # 5160 Application of Haoov~.~ Hot ~Os, Into,. for. a rise. ~,~., ,--~---Per'"~Jt ~o operate games of skill and science (footsball) on certa'~n property'~!)l~)'~')O ~t a point 150 f~t ~re o~ less West of Plaza Trail located on the ~,~o~'~h side of ~yd Road kno~ as ~08 ~yd ~ad, shown as a portto~ of Lot 120 on plat of Subdivision of Lots ll8 thru 127 and Lots 248 th~ 257, Plat of Westmoreland Estates by Frank D. Ta~all, Jr. g~ ~soctates dated rlarch 7. 1960. (Princess Anne Plaza A~a). LYNNHAVE)I BOROUGH, The Planning Comission reco~'~?::~¥~s denial of this request due to t~ op~sttton of the residents of the area' ~'~,?", objected to the !ack of parking f~ this facility a~ the disorderly conduct ~x~ibited by patrons of the footsball parlor. Councilman Rhodes made a motion, which was seconded by Councilman Merrell, to defer the above ap?lication of Happy Hot Dogs, Inc. Councilman Rhodes and Councilman Fcrre11 withdrew their motion. ~r. Richard Brydges appeared on behalf of the applicant. ~r. Joel ~mith, adjacent property owners, appeared before City Council and presented petitions f~om residents in the area opposed to the above applicat Miss Susan Anne ~owr7 appeared in opposition to the above application. Mr. Jim Hartley appeared in opposition to the above application. Mr. Bruce Thompson appeared in support of the above application. On motion by Councilman Rhodes, seconded by Councilman Gardner, and by reco~ vote as follows: Aves: Councilmen John A. Baum, Robert ~. Callis, Jr., George R. Ferrell, C~arles W. Gardner, J. Curtis Payne, and Donald H. Rhodes. " Nays: Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Councilmen Clarence A. Holland, D. Murray Malbon, and Floyd E. Waterfield, Jr. Absent: None City Council deferred for thirty (30) days the above application of Happy Hot Dogs, Inc. for a Use Permit to operate games of skill and science ~footsball) on certain property beginning at a point 150 feet more or less Wes~'°f Plaza '"Trail located on the North side of Boyd Road known as 3808 Boyd Road, shown as a portion of Lot 120 on plat of Subdivision of Lots 118 through 127 and Lots 248 through 257, Plat of Westmoreland Estates, (Princess Anne Plaza Area) Lynnhaven Borough. The subject deferral was made to allow the Administration an opportunity to investigate the footsball establishments and to make recommendations to Council regarding possible legislation which will allow their continued operation, but with stricter enforcement to assure competent management. Consideration was also to be given to the best locations for such facilities. ITEM #5161 Application of Steel Fishin~.i r~!er, I~c., for a Use Pe~ft for a movie theatre on certain property located on the Southeast coF-n~r~'~anttc Avenue and Second 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 Second Street, running a distance of 150 f:~e!: along the Eastern property line and running a distance of 150 feet along !:he Southern property line~ Said theatre is to be operated in the extstln,] ~tm~cture on Lots I, 2, and 3, Block G, Plat of C~r~ra~lon LYNNHAYEN BOROUGH. Virginia Beach Holding ~ ~' · r,~.~,~,.st as the Co.~tsston The Planning Commission recommends denial of this ~ ..... " d~s not feel this ts a practical use of this parcel. ~3n motion b7 Councilman G~dno~, secondod by Councilman ~e~e11, and b7 reco~6e6 ~ote as ~o11~>ws' ATes: Councilmen Joh~ A. B~m, Robert H. C~11is, J~., MaTo~ Robert B. C~omwe J~., Vice Ma7o~ ~. Re~d E~vi~, Goorge R. ~e~e11, Charles W. Gardner, Cla~enc A. Holland, D. Mu~a7 >ialbon, Y~ (']u.~tis ~aTne, 5on,Id H.. Rhodes, and ~1o7d B. Nays: None Absent: None City Council denied tl~e above application of Steel Fishing Pier, Inc. for a Use Permit for a movi~ theatre on certain property located on the Southeast corner o--~--Atlantic Avenue and Second Street, Lynnhaven Borough. ITEM #5162 Application of Nicholas S. Htchael for a Use Permit to. ~)perate games of skill and science (footsba!l) on certain proper-~ucaLed at the Southwest corner of Pleasure House Road and Thoroughgood Road. Said parcel is known as Part of Lot 63, Shelton Place by Baldwin and Gregg dated November 3, lgSg. (Robblns Corner Area}. BAYS]gE BOROUGH. The Planning Conmtsston recomends denial of this request because of opposition to this request from the area residents and the lack of adequate parking available to serve the proposed busir, ess. Mr. Grover Wright, Attorney, appeared on bei~a.l£ of the applicant. Mr. J. H. Hartley appeared in opposition to the above application. On motion by Councilman Holland, seconded by Councilman Cromwell, and by recorded vote as follows' Ayes: Councilmen Robert ~I. Eallis, Jr., ~iayor Robert B. Cromwell, Jr., Vice .Mayor F. Reid Ervin, Clarence A. ~lolland, !~. Murray Malbon, and Floyd E. Waterfield, Jr. Nays: Councilmen John ~. '~'~::~ George P,~ Ferrell, Charles W. Gardner, J. Curtis Payne, and Do~ald I~ ' -~,~!es. Absent: None City Cou~.~.cil denied the :d~.~..',~ applicatio:,~ of Nicholas S. Michael for a Use Permit to operate games of ::},_i!i' and scic'~ut:e (footsbal].) on certain prope~'ty i-6c--~d at the South~,:est c'''?'':r of Please,re Uouse Road and Thoroughgood Road said parcel is known az~; I>;'~"'i -.[7 i,ot 63, Shelton Place by Baldwin and Gregg dated November 3, 1959 ('lo~i~in.~'~ (]orner Area) Bayside Borough. City Council denied thi-~ request ..!~.'-: ;::~ t'he lack of adequ~:te parking available to serve the proposc:t busi. nes?~ .,r '","F_M '~ 5 1 6 3 5~r. Grover Wright, on t..l~,',':.f o'f [',ii,~e;as, S~ ~l]~.hael, requested Council to reconsider this applic;~':-.io~ .~n:1 ?~ ,~' it the same consideration given to the t~o pre¥~o~s apI~ticati~>ns ~' ~' ~ ~'~ permit to operate footsba!l games, whic~ were de.~zerred for 3u days,, '~ice Mayor ~:~rvln made ~ t~ .... t~ to reconsider the a.?lication of Nicholas S. ~4icbael for a Use Pierre ~' ~ :~erate ~mes of skil~ and science (footsball) o~ certain property [~. '~ '~: at the Southwest corner of Pleasure House Road and Thoroughgood Ro ~ . ': ~ ~.~ being no second, the motion was lost. ITEb{ #5164 241 ~houses ~o~ sale on ce~Mn p~erW loca~ '~u~h s~ of ~11and Road and Eas~ o~ ~d~Hn L:~ve ~n ~he p~oposed T~mberlake Planned Unit ~evelo~n~. Parcel A: Use Pe~tt to construct 62 to,re)houses for sale on certain p~rty to~ted 460 feet ~m~e or less South of Holland Road and S30 feet ~ or less East of Proposed South Plaza Trail Extended. Said parcel ts adJa~nt to ~e p~posed Ti~rl~ke Re.cation Center and contains 5.5 acres ~m or less. Parcel B-l: Use Pem~it ~ co~truct 7~ tmmhouses f~ sale on certain p~rty lo.ted on the );orthwest comber of ~poso~ Timberlake ~i~ and Proposed ~nde~ndence ~ulevard Exte~d,~)d. S~id parcel contains 6.~ ac~s ~ or less. Parcel B-2: Use Pemdt to construct 103 tm.rehouses for sale on certain P~- ,. ~, ~ of Proposed Timb~lake Drive and ~o- perry located on the :~o~t.,~.a~.t corner posed Inde~ndence Boulevard ~.xtende Said parcel contains ll.3 acres mm or less. ~ i Corporation of Plats kno~ as P~ltmtnary of Tir:~erl'ake, .~ect on 1. Terry Virginia by Harsh and ljasoier dated Auoust~ 1~72 am available for ~mm de- tailed tnfo~tion in the 'rx~partr~mnt o~ Cit,~; Planning. (Larkspur-~ast Fa~ Areas). ~IPSVILLE The Planning C~tssion recommends approval of this request subject to a ~dtftcatton totaling 207 tot,rehouses: co~nd a rm:~cttnn fr~ 62 ~wnhouses to 50 t~houses and that Parcel A: Re .... ,~ .- ¢or active recreation. provision be ~de for a .~;~ ,~cre tot lot to ~)e used . Parcel B-l: Reco~end a reduction fr~ 76 t~houses to 54 ~wnhouses and ~at a building setback line of 40 feet be establis~a~ fr~ the right of way lin of Tt~erla~:e F:~,~'lve to provide privacy for the end units. In addttt~. a revised site ~nn ~'~ust he sut~itted showing a .5 acre park (tot lot). Parcel B-2: ~)eco~nd approval of 103 to. houses and a 40-foot building set- back line be established f~m the right of way line of Tim~rlake ~tve. In addition, a ~ tng~ss-egre~s ease~nt should ~ provided along the property line adjacent to Inde~ndence Boulevard. The ~tton for approval suggests participation in sch~l site acquisition and Engineering Division requires standard subdivision revt~. Public Utilities r~uires central water and City s~er and standard water ~d s~r agre~nts. Mr. Owen Pickett, Attorney, appeared on behalf of the applicant. On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert ti. Callis, ,Jr., Mayor Robert B. Cromw Jr., Vice Mayor F. Reid Ervi. n, George R. Ferrell, Charles W. Gardner, Claren A. Holland, D. Murray Malbon, .7. Curtis Payne, and Floyd E. Waterfield, Jr. Nays: None Absent: None Abstain: Councilman Donald t!~ Rhodes. City Council approved the above ap~licat, i. on of Terry Corporation of Virgini~ for a Use Permit to construct 207 t:ownhouses for sale on certain property l. ocated on the South si.:!e of Itoll~d and ~'.ast of Edwin Drive in the propose~ Timberlake Planned Unit Dev,-1 Parcel A: l. Jse Pe'r_m~j& to cons't:ruct 50 townhouses for sale on certain proper located 460 feet more or less 5outh of Hol]a~i( Road and 530 feet more or le East of Proposed South Plaza Trail Ext. e,de~,~ Said parcel is adjacent to th proposed TJmberlake Recreation Center a~d contains 5.S acres more or less; subject to the appl. ica.nt providin!.~ a .-5 ~.~cre tot lot to be used for active recreation. Parcel B-l: .,U~e__P_ermit to constx'~ct 54 townhouses for sale o'n certain prop ].ocated on the Northwest corner c~{' Proposed Timber'lake Drive and Proposed · coz.,~ins 6 2 acres more or les Independence Boulewxrd Extc'c~.?e 5aid parcel ..... · Approval is subject to the e5'~ ,lishment of a buJlding setback line of 40 f fromm the right of way li~e :~' !'imberlake Drivc ~,~-:~ provide privacy for the e ~n;lt.s and the submissio~x o!' a revised site plan ~'~'owing a .5 acre park (tot Parcel B 2: Use p,,r,n~* ~'~ construct 103 townbo~::~,'< for sale on certain pr( verty located on t!~::~ N::',~-'C!~e, ast corner of Propos~:d Timberlake Drive and Pro. ....... V .,ndence P, ou~evard Extended Said Parcel contains 11.3 cares mo: pose,t Inde)~ - ' or less. Approv2:tl :is subject to the establishment of a building setback 1~ 40 feet from tt,,e, ~.5..ght of way line of Timberlake Drive and the provision tl no ingress-egress easement bei_~g provided along the property line adjacent ~ndependence Boulevard. Approval of the above application is ft~rther subject to participation in s sxte ac~,uisition; standard subdivision review as required by the Engineeri Division and central water and City sewer and standard water and sewer agr ments as required by Public Utilities. ITEM # 5165 Application of Dr. B. B. Batleman by Robert L. Stm,r'.~,o~, Attorney, for a Use_ Permit to construct 6 .~partment units on certain pro?e~ty beginning at a ~-T~"200 feet East of Arctic Avenue, running a distance of 50 feet along the South side of 25th Street, run,in§ a dlst~ce of lO0 feet along the Eastern property line, running a distance of SO feet alo.ng the Southern proerty line and running a distance of 190 feet along the t,~stern property line. Said parcel ts known as Lot lO, Block 94, flap ,~'o. 6, r~rt of the Property of the Virginia Beach ~velopment Co. ¥IRGI;'~IA BEACtl The Planning Con~nission reco~me, nds approval of this request subject to standard site plan requirements required by the En~:!~neerfn~', Division. The motion for approval suggests participation in school site Mr. Robert L. Simpson, Attorney, appeared on behalf of the ~pplicant. On motion by Councilman Ca11_~_s, seconded by Councilman Baum, and by recordei vote as follows: ,~ ~' llis Jr Mayor Robert B. Crom~ Ayes: Councilmen John :\. Eaum, pobert ~. ,.,a , ., ,Jr., Vice Mayor F~ Re~d Ervin, George R. l'~?'rell, Charles W. Gardner, Clare) A. Holland, D. Murray Malbon, J. Curtis [;avne, Donald H. Rhodes, and Floyd l Waterfield, ,Jr. Nays: None. Absent: None. City Council approYed thc above applicatJ~P~ ~i Dr. B. B. Batleman for a Use ??rmit to construct t.l~'ee (3) ai~artment ~?~.~:~- on certain property beginn~ at ~'~oint 200 feet ~a"~,t o~ ArctSc Avent~e; sa~.d Parcel is known as Lot 16, Block 94, blap No. O, ~'~irt :-~5 the Property oF 1.he Virginia Beach Developmeni Company, Virginia Beach Borough; sub-iec:t to sta~dard site plan requirements as required by the Engineering Divis~.on and f~.~r-?l'~er subject to the applica) participation in school site :~c~!~tisiti°n. ~TEM # 5166 Application of E"~¢aF~c!el %semb~ly of C~xl for a Use F~-~a~t to construct a church .~ ~:.~i~-m!ng~ at a point 1.0 ~]'¥?:~]:~'~ of G~ ~idgeRoad, on ~rtain provue".~¥~ ~ ~nntno a dist,~'~'~:::~ ~?' 4~).47 feet along the East side of ~tncess ~ne Road, ~nntng a d!'~.~ ~': ~:of 1609~88 feet along the :iorthern ~roperty line, running a distance o~, '~:?.5o63 feet along the Eastern property llne and running a dis- ~" ~ . contains ~nce of 1.~ ~ .~o feet along the Southern p~perty line. Said parcel 11~649 acres and ts shm,~n as ~arcel C, Plat of Ed,Mn S. Brock, by Bruce B. ~llup, August 7, 1972. ~??~.~gO ~O~UgH. The Planning Comntssion ~co~ends app~val of this request subject ~ a dedication of right of ~eay 4~ feet from the cer)ter line of the existing 50-foot right of way along the 44O~47-f~t ~ or less frontage on Princess ~ne Road {a 20-foot dedication) required by the Real Estate ~ivision: the Engineering Division requires standard si~ plan requirements to include pave~nt ~dentng, curbs, sidewalks and sto~ drains along Princess Anne ~ad; parking a~a shall be paved and enclos~ with protective concrete curb (CG-2). The Health ~part- ~nt r~utres percolation ~st before approviml for septic tanks. Reverend Samuel D. Belier, Jr. appearem on uenaix or ane upp2~can[. On motion by Councilman Waterfield, seconded by Councilman Rhodes, and by recorded vote as follows' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwe2 Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarenc{ ~-!r~lland D Murray Malbon, J Curtis Payne, Donald H. Rhodes, and Floyd E. ~faterfield, Jr. Nays' None. --Absent: None. City Council approved the above application of' Evangel Assembly of God for a Use Permit to construct a ....... ~rch on cetera, in F, rc'perty beginning at a point 1 0 mile South of Gum Bridge ~oad rum'~ing a distar, ce of 440.47 feet along the Eas side of Princess Anne Road, said parcel contains 11.649 acres and is shown as Parcel C, 'Plat of Edwin S. Brock, >y Bruce I_%. Gall. up, August 7, 1972, Pungo Borough. Approval is subject to a dedication of right of way 45 feet from th center line of the existing 50~-:!:oor right oF way along the 440.47-foot more o less frontage on Princess Anne P.o~d (a 20.-foot dedication) as required by the Real Estate Division. City C:~m(-;1 waived the standard site plan requirement which include pavement wideni~g:, curbs, sidewalks, and storm drains along Princess Anne Road as rec~ui~'~:d i~y ~'!te En~:;ineering Division pending a letter from the applicant stating t!n:~: the su!-,:i~"c'~ improvements will be made when the City deems them necessary. Approva'~ i':; further subject to the parking area being paved and enclosed wi'tJ~ protective concrete curb (CG-2). The . Health Department requires percolo~tion test before approval for septic tanks. On motion by Councilman Callis, ~econded by Councilman Rhodes, and by recorde vote as follows: '--Ayes: Councilmen John A. Baum, Robert }t.. Ca]!~is, Jr., Mayor Robert B. Cromwe Jr.,' Vice Mayor F. Reid Ervi. n, ~;eorge R. l%rr:'[1, Charles W. Gardner, Clarenc A. Holland, D. Murray ,.lalbon, J. Curti:; Payne~ ~¢onald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on see. and ~eading an appropriation in the amount of $3.,032--$2,267 f~r salary a?<~ $'.;'~!3; for business travel--to cover the expenses of a new field deputy ir ~rh~: O, i~c.~ of the Commissioner of Revenue, as appro~ by. the State Comper~:-~:; ;- ': ~ ~/o,--'~ rd. On motion by Cou~c.i. lman Rhodes,. seconded by Councilman Payne, and by recorde, vote as follows: Ayes: Councilmen John A. Baum, Robert }{. Callis, ,Jr., Mayor Robert B. Cromw. Jr., George R. Ferrell, Charles ~'. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald }-t. Rhodes, and. Floyd E. Waterfield, Jr. '-Nays: None Absent: None Abstain: Vice Mayor F. Reid tlrvin. City Council approved the following Ordinance authorizing certain encroach- ments over a portion of Atlantic Avenue and certain encroachments over 3~ Street: AN ORDINANCE TO AUTHORIZE CERTAIN ENCROAC~{¥~NTS OVER A PORTION OF ATLA~FiC AVENUE AND CERTAIN ENCR©ACHMENTS OVER 36th STREET BE IT ORDAINEO B'Y THE COUNCIL OF Tt~E CITY OF VIRGINIA BEACH, VIRGINIA: That..urs~ant t~ the authority co. tanned in Section ]5.1-377. Code of Virg~.nia (.196~). as appended, tine owners of a certain ~arcel of land and the in'~provements thereon situated in the Borough of Virginia Beach are auti~orized to ~aintain certain encroachments of retainin~ wall footings into Atlantic Avenue and certain encroach- ments of pile caps on 36tt~ Street, as shown on the survey which is attached to this ~,i>~'dinance and capt~i,~e.~ '~Physical Survey of Lots 2 - 6 Block 82 Vi?ginia Beach Deve~! ~'~?~ent Commany Virginia Beach Borough Virginia 7(~each, Virginia, Scale ],"=40' September 25, 1972" prepared by Baldwin and Gregg. Engineers ~ Surveyors & Planners. This encroach~ent is authorized ~ ~'~til such structures are destroyed or re~,~,ov~d by the owners~ The encroachment shall be re- move(] at the ?e,~ue~t of the City c~r a~e~t t?~ereof at the owner's expense o Nothin~ be',ce]-~"~ co~t~'~'!~ed shall be co~strued to relieve said owners of any nei:~] ~,~:-~ce on their Dart o[] acc~unt of any such encroachment An erner~ ~,~' ~i~'×iots and th~s Ordinance sh.a]? be in effect from the date of Adopted by the Council of the City of Virginia Beach, Virginia, on the !6th day ~f October , ]972. LOTS BLOCK 82 H~: ACH DE V E LOPI,,IENT '~ ~ BEACH Bi','PC:UGH cn~PMIY SURVEY Hr. David A~ams On motion by vote as follows Ayes: Count i 1men Jr., Vice Waterfiel. d, ,Ir. Nays: None Absent: City Councia of Oval Aven~e the petitioners. ,.con(~eu t:v ~oun(ilman Rhodes, and by recor Jr., Mayor Robert B. Cromw Charles IV. Gardner, Claren l,,-:',nald tt. Rhodes, and Floyd E ,:. ,';i,!in.;;.,t'~ce clo.~ing and vacating a portion VACATING AND N OF OPAL AVENUE t !:LhCAi, VIRGINIA ~:l].zabeth T. Overcash, Sole E. Townsend, deceased, ~":~'~cil of the City of part of Opal Avenue not [scontinued as a public t~,~ duly pc~sted; and ~fiected thereby have il~3ic,~t:ic~.~ '~, ~ ;:': ?e to the City Planning Coup~(:i] ,?~:: ,.:~v::Tuant to the stat:u~:es the ..,:'~:-~c.i.! appointed Viewe. rs ti~t: ::'c inconvenience 'to the w~>~,]c~: ];esu.!t from :3uch closing., '4;'~[:~',i:;A?~, ~:.'~e City Planning Co:':.mission after proper and hearinq, has rep(,cted thereon to thc Council; and W?{E?EAS, Jr. jr< the judgment of the Council that said portion of Opal Avenue should be closed, vacated and discontinued; now therefore BE IT O~;:DAtNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ~ Sect. 5,:~ ; ~ Yhat the portfon of said street described as follows in tko City ~f Virginia Beach, Virginia, is hereby closed, vacated ,:~.~c{ d~:,-:,~.,nt,jnued as a public street of the City of VirgJ. nia Be.~.~h. ','[~"~-.:~a, said certoi:,~ portion of said street not being need~,.~l for [y~>kSc ~'~e and travel: That pa;~ ~ [ A'??~ue not heretofore closed as s.h~:~.:~: ~'.~ i' ~ Pr~'i~,:red by R. B. Riddick, C. L. S .. :--['~' :' :~-~' ', ~-',~ t, 2~-, ] ~66: showing parts o~ Bio~ k ~ ~ ~.:~ ~c]~ ~: ' ~ and Ara~.:'~:.u'::~ %i [ j :, ::~[~ an.i ad~,ied c_:ul' -(:~e-sac', recorded !u ~.~:~ :~..." ' ~ -~ ~"~'<}.ce. ~ of the CJ. rcuit Court of ~-~ ..... ~ ~ ..... ¢.. ': ~'~ ..... ~:.,.]in:ia Beach, Virginia, in a:' ~7~:,T~'~ 128, said portion of Opal Avenue. ::o be <::'~,~s~:,?~ beq.innJn, g at Broad Street and c~ ;':~u~[.~,,:~ in a sou,.~ ..... direction to its term'in.:~ti::.n -in a c~.~.~e-..soc; more specifically ..... , '--~',.~ ..... '" .... rough part of Sect:;~,.:m 2. ~: [:hi~:ty days z.'f,~:ez' this date a copy of this Ordinance, c~?:~!~:~ by the Clerk, be spread upon the public records in the Ci. : s ~ffi<:e of the CJrcui. t Court of this City and indexed '~':" : Adopted ........ ~-y o5' Via. gin.ia Beach, Virginia on the i6th c'iay of October , 1972 . a~c, :~ded by Councilman Gardner, and by recorde¢ veto as fo]lo;,;s ' Aves: Councilmen ,]oh~ k. l',,~ ::. J-~, Vice Mayor F. Re]d i(~'~ ' :~ A. Holland, ~i~. _Mur'r:~v '..I;~ ~"~ Waterfield, ,Jr. ,~i~ ~'~: lt. Callis:, ,Ir., Mayor Robert B. Cromwe' ~t:,, 1,'~ Ferrell, Eharles W. Gardner, Clarenc~ · ~ ~' .* i:4 !';':.',,ne, Donald H. Rhodes, and Floyd E. Nays: None Absent: None City Council deferred matter relati, ve to ~,:ration of the street closure a11c¥ located, in Virginia Beach Borough. On motion by C~unci vote as follows' Ayes: Councilmen Jr., Vice Mayor F~ Ao Holland, !;t. M~'v~ Waterfield, Nays: None Absent: None City Council Reserve for and mower th~, type is presct~tLy mazntenance , :rd i':. , ounc_ilman Malbon, and by recorded ~Jr., Mayor Robert B. Cromwe Charles W. Gardner, Clarenc lionald H. Rhodes, and Floyd E. $4,654 from the low gravity tractor No equipment of this necessary for the ITEM #5172 Mr. James DeBellis, Director o£ Economic Development, made a brief presentatio to City Council regarding the bid of Mr. ~ilton J. Weller, for the purchase of Parcel "B" of the city owned property at Rudee Inlet. In his presentation, Mr. DeBellis recommende¢l acceptance of Mr. Weller's bid, subject to his com- pliance with the specifications set forth in the bid documents. Mr. Chas Barco appeared indicating that he sent a letter to Mayor Cromwell in which he stated his desire to have City Council give consideration to the disposition of his property ~.~hich abutts that of Mr. Weller. He was advised that all matters regarding the bid of the subject Parcel "B" had been required by the bid specificat~on~ ~-:~ !~,e submitted at the time the bids were rece~'ed. It was suggested that he mi~:~!:-~ be able to work out something with Mr. Weller "--to their mutual advantage. On motion by Councilman Call~s, seconded by Councilman Gardner, and by record¢ vote as follows' Ayes: Councilmen John A. l'~,~.~;:~, Robert H. Callis, Jr., Mayor Robert B. Cromwe3 Jr., Vice Mayor F. Re~d Ervi.~, George R. Ferrell, Charles W. Gardner, Clarenc~ A. Holland, D. ~urray' Malbo~ J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council accepted the b~'~, of .~4r~ ~4ilton J. Weller for the purchase of Parcel "B" of the city owned property at ~udee Inlet. Council requested Mr. Weller to give every consideration tol. leasing the proposed new slips to the charter boat captai, n~; ?re,.;ently using the city owned marina at a cost that will not work an unre::~'.;~'~nable hardship on these captains. Mr. Weller was informed that his plans wc~uld have to meet city site plan specifications and ordinances and that perl~,lic inspections will be required during the construction of the project. ! 't't!~I #5173 On motion by C~ouncilma~ !'~av~~, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes; Councilmen .toh~ A. ~,~t~..~ P.~bert H. Callis, Jr., Mayor Robert B. Cromwe Jr., Vice Mayor F. Re'id lrvi~: ,~,~,:~rge R. Ferre11, Charles W. Gardner, Clarenc A. Holland, D. ~rra. y ~!alb:~: Ii.lurtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, ,Yr. Nays: None Absent: None City Council auth{.'':')zcd thc,. t.i~:'>' ¢,Ianager to sign a standard water and sewer contract between ti'~e Ci.t'>? c:>l' ~, ir>,;inia Beach and Rockborough Company for the Rockborough development, Pri~... :,ss \nne Borough. ITEM # 5174 On motion by (~ouncil;I~.an ?,hc>.,.es, seconded by Councilman Malbon, and by record vote as follows: '--Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromw Jr., Vice Mayor F~ ?eld ~vin, George R. Ferrell, Charles W. Gardner, Claren A. Holland, D. Mur~':.'t;" MaIbo~t, ,I. Curtis Payne, Donald H. Rhodes, and Floyd E Waterfield, Nays: None Absent: None As the next regu~:;~~ ~.:~.~. i! "ieeting scheduled for October 23, conflicts wit? the holiday knowu ~'~; ,~'~::,~ ~'s Day, City Council cancelled the meeting o£ October 23, and v~!~c,i ~, ~.~!~i a Council Meeting on October 30, 1972, at 2:0( IT_EH #5175 CouncL].m. an Ferrell requested ?,Ir. ~cott to investigate the possibility ha.v~r] tax on "live entertainment," ~ II:,M #5176 On motion by Councilman Waterf'ield, seconded by Councilman Baum, and by recorded vote as follows' Aves' Councilmen John A. Baum, ~.iobert I[. {]ai!].is, .Ir., Mayor Robert B. Cromwel '--J~., Vice Mayor F. Re~d Ervin, (b~Porge R. Fer'~cl], Charles W. Gardner, Clarence A. Holland, 9. Murray Malbon, J. Curtis Pay~e~. ~}onald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council noted its intention to hold a c'losed meeting on October 17, 1972, and October 30, 1972, for the p~rpose of discussing items permitted for discu-~ sion under the Freedom of Info~'matiap Act of the Co~nmonwealth of Virginia. ill.'EM #5177 On motion by Councilman Ferrell, seconded I~'~ Councilman Holland, and by unanimous vote, the meeting a,2,jcurped int~ a briefing session. ITE~,'I #5178 i?~ c_ ent a City Council reassembled, with all. Councilmen~' s , for briefing session on Tuesday, October 17, 1972, a~ 7'30 p.m. at ,~,d~ich time the Planning Depart- ~ment presented to the City Council and the Pl~nning Commission the maps which ,' Zoning, ~r:i~a~.ce The maps were receive accompany the proposed Comprc~,cnsive .,, · by the City Council for study. The Planning Department advised that all subjecL ~aps will be displayed in tk halls and offices of the Administration Building For public review. [ T EH # 5 1 7 9 By unanimous consent, the }}~eeti. ng adjourned at 10'15 p.m. ]k~bert B?C-r&~, JrT; City of Virginia Beach, Virginia October 16, 1972 & g~-iefino' Session of October 17, ]972 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA October 30, 1972 Thc regular meeting of the Council of the City of Virginia Beach, Virginia was !~eid in the Council Chambers in the Administration Building, in the Borough of aZ~incess Anne, on Monday, October 30, 1972, at 2:00 p.m. lne invocation was given by Reverend William P. Gardner, Princess Anne Plaza Methodist Church, Virginia Beach, Virginia. Councilmen present: ,John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne Donald H. Rhodes, and Floyd E. Waterfield, Jr. ' Councilmen absent: None ITEM #5180 On motion by : ~ ~ilman Gardner, seconded by Councilman Ferrell, and by recorded v~ ~? follows: Ayes: ?c: ~ .,~men John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., ~.~ ...... ?i.~?or F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. .~ D. Murray Malbon, J. Curtis Payne, Donald H Rhodes, and Floyd E Wat~ ~..ei~.~, Jr. ' · None ..osent: None City Council approved the Minutes of the Regular Meeting of October 16, 1972, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy off the subject Minutes before him. ITEM #5181 (a) Mr' Robe:t L. Simpson, Attorney, appeared before City Council requesting reconsideration of the application of Dr. B. B. Balteman, as at the last Council Meeting it was inadvertently stated that the subjec't property is in Cate~.~r-~ two when in fact, on the Planning Development Map, the property is in Cata. gory Four, which is commercial and calls for a high density area. Due to the erroneous information presented to City Council on October 16, 1972, relative to the application of Dr. B. B. Batleman, Councilman Rhodes made a motion, which was seconded by Councilman Waterfield and by recorded vote as follows: ' Ayes: Vice Mayo'r F. Reid Erv:i~-~. George R. Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. --~ys: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B Cromwell, · ., and Clarence A. Holland. ' Absent: None City Council voted to reconsider the application of Dr. B. B. Batleman for which a Use Permit to construct 3 apartment units on certain property beginning at a point 200 feet East of Arctic Avenue Virginia Beach Borough were granted on October 16, 1972. ' ' ITEM #5181 (b) On motion by Councilman Rhodes, seconded by Councilman Waterfield recorded vote as follows' , and by Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A ii!olland, D. Murray Malbon, J. Curtis Payne Donald H Rhodes and Floyd E ~aterfield, Jr. ' ' , · Nays: None Absent: None ( ;y Council ~eferred reconsideration of the application of Dr. B. B. Batleman J t~o weeks, November 13 1972 and requested that the subject application be readvertised. ' ' ITEM #5182 AIl~l~oatton of Margaret Lies for a Use Petit fo~ a nursery (babysitting) on cer~tn property-located at the NorthWest corner of Independence Boulevard and ~teanne Street, runntng a dtstance of gO feet alon.q the ~est side of Independence Boulevard, runntng a dtstance of 120 feet along the North side of Jeanne Street, runntng a dtstance of ~0 feet along the Western property llne and runnlng a dtstance of 120 feet along the "lorthern pro~rty line. Satd parcel ts kno~ as Lot 21, Block 15, Pembroke ~ianor SectJon Two and eontatn$ 10,800 ,: ~e feet. (Pembroke Manor ?~rea). BAYS~DE BOROUGH. The Plann!~' :~ .;dsston reco~nends denial of this request due to the safety .~., ~. ? :.,~id be created by patrons of thi~ servtce, opposition votced by ~ :~ers tn the area, and the belief that this appllcatton ~ould ~"' .~r~i~fl of non-residential acttv~tte~ in a residential area.. The Hone .e Joseph Canada appeared on behalf of the applicant requesting withdr,-~.~, of the above application. ~---. } ~,uire, representing the opposition, indicated their support of the ~ uest for withdrawal. On motion by Councilman Holland, seconded by Councilman Gardner and by recorded vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland.. :~urray Malbon, J. Curtis Payne, Donald H. Rhodes and Floyd E Waterfiel~! 'c~ ' - ' Absent: Nc-~e City Council approved the withdrawal of the above application of Margaret Lies for a Use Permit for a nursery (babysitting) on certain property located at the Northwest corner of Independence Boulevard and Jeanne Street, (Pembroke Manor Area) Bayside Borough. ITEM #5183 On motion by Councilman Malbon, seconded by Councilman Gardner, and by recorded vote as follows: ~ ,st Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, ~ , Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes and Floyd E Waterfield, Jr. ' ' Nays: None Absent: None City Council approved on second reading an appropriation in the amount of $4,654. from the Reserve for Contingencies for the purchase of a special low gravity tractor and mower that is capable of working on steep slopes. No equipment of this type is presently owned by the city and its purchase is necessary for the maintenance of 5lt. Trashmore. IT£M #5184 On motion by Councilman Payne, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes and Floyd E Waterfield, Jr. ' ' Nays: None Absent: None ty Council adopted the following Ordinance to amend and reordain Section -1 of the City Code relative to general penalty: AN ORDINANCE TO AMEND AND REO~DAIN SECTION 10-1 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATIVE TO GENERAL PENALTY. ORDINANCE # 419 Requested by: City Attorney BE IT ~qOAINED BY THE COI~CIL OF THE CITY OF VIRGINIA BEACH '~ ..~ £NIA: ~at Section 10-1 of the Code of the City of Virginia ~=~ch is hereby amended and reordained by adding the ~following faragraph: "Each day any violation of this Code or other ordinance shall continue shall constitute, except where otherwise provided, a separate offense." emergency is declared to exist and this Ordinance shall ~ffective on date of adoption. Adopted by the Council of the City of Virginia Beach, ~'irginia on the 30th day of October 1972. l'f~M #5185 On m6tion by Councilman Forte11 seconded by Councilman Malbon, and by recorded vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Call/s, Jr., Mayor Robert B. Cromwell ,Ir., Vice Mayor F. Reid Err/n, George R. Forte11, Charles W. Gardner Clarence A. Holland, D. Murray Malbon J. Curtis Payne Donald H. Rhodes, and Floyd E. Waterfield, Jr. ' , ' None ~bse~t: None C_i~y Council approved the following applications for tax refunds in the ~ mnt of $1,113.06: - Dar,, Oct. 16, .1_972 FRO~I: [Ir. V. A. EM,-'rid£;c, T~'casurer :'~IJECT: Al)t)lic~tiou ;.i'or Tax Rcftmd~: · ',-,'~t .... : .....~ "~"" for refund of taxgs ~taling $ certified for payment, as set forth bcio~:~ , , Ta... Number No. Paid '/,lame ~Year -. ~-=~,, ' ;'~estern Union ;5es tegn ;qestern ~'::.. -~ ~4utual :, .. al olh. as, George olland, John D. t )72 PSRE 1972PSRE .1972 PSRE PSRE PP 1972 197] 1972 1972 Robert D rait~ai, te, T. bi 1972 1972 PP CD 48A~ 28A3~ 31102 1/2 31102 2/2 52428 31260 71367 233 892 892 7984 8016 6110/72 6/10/72 6/10172 6/10/'72 6/1.0/72 6/10/72 8/4/72 6/t/72 9f29/72 1/26t72 V. A. Ether/dEe: Treazurer 1113.06 Bnso B2S.78 62.40 79.99 60.50 2175.74 275.5'41 4.20! 10.5C[ 5.0el 10.0C airy .21 328,78 62.4C 79.99 60.5C 275°74 275.74 4.41 10.50 5.00 10.00 On :~:'?tlon' by Councilman Watcrfield, seconded by Councilman Rhodes, and by recorded vote as follows: Ayas: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne Donald H Rhodes and Floyd E Waterfield, Jr. ' ' , · Nays: None Absent: None City Council approved the following Ordinance to amend and reordain Sections ---7.1 and 22-7.2 of the Code of the City of Virginia Beach relating to the rginia Beach Highway Safety Commission: Requested by Councilman F. Waterfield ORDINANCE NO. 420 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 22-7.1 and 22-7.2 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE VIRGINIA BEACH HIG~AY SAFETY COMMISS ION o BE '~ ~:3AINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIk ~ii,'~ ' ~t Sections 22-7.1 and 22-7.2 of the Code of the City of '~' ~inia Beach are amended to read. as follows: 1. That, pursuant to the provisions of Section 2.1-64.19, Code of Virginia, there is hereby established the Virginia Beach Highway Safety Commission, consisting of nine members, at least one of whom shall be a member of the Council of the City of Virginia Beach, and the remaining members shall be residents of the ~uy. The Commission shall be governed, by the provisions of Chapter 7.?., Section 2, Code of Virginia. 2. The terms of the resident members shall be for 'three y¢~ ~s, except that, of the members originally appointed, two shall be appointed for terms of one year, two for terms of two years, and two for terms of three years° Appointments by Council. to fill vacancies shall be for t?~e unexpired term of the member so replaced. Initial appointments shall become effective on November 1, 1968. Adopted by the Council of the City of Virginia Beach, Virginia on the 30th day of October , 1972. O~ motion by Councilman Walerfield, seconded by Councilman Malbon and by recorded vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H Rhodes and Floyd E Waterfield, Jr. ' ' · Nays: None Absent: None _City Council appointed Mr. Reeves Johnson to the Virginia Beach Highway afety Commission for a three (3) year term beginning November 1 1972 and · piring October 31, 1975. ' ITEM #5188 On motion by Councilman Ferrell, seconded by Councilman Malbon and by recorde( vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E Waterfield, Jr. ' Nays: None Absent: Ner.e City Counc)"' :::athorized the City Manager to execute a deed of release to David I T' ~zne et al for the Seaview Beach property and to execute an agreeri~c~ ,~ith Mr. Levine concerning this property and his South Lynnhaven Roa~. ~ -!.~ings. ITEM #5189 on motion by Councilman Gardner, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. HollaPd. D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes and Floyd E. Waterfei:~,~ Jr. ' Nays: N,~ ne Absent: None City Council authorized the City Manager to enter into a lease with Messrs. Sam Sandier and Harry Sandler concerning certain property in the Lynnhaven Borough east of the Lynnhaven Inlet, at a price of $150.00 per year. (;n n3tion by Councilman Fe~rell, seconded by Councilman Malbon, and by recorded vote as follows: Aves: Councilmen John A. Baum, Robert H. Callis, ,Jr., Mayor Robert B. Cromwell Jr.~ Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E Waterfield, Jr. ' Nays: None Ab:;ent: None ~.city Council authorized the City Manager to enter into a lease with the School ,ard of the City of Virginia Beach concerning a portion of the Great Neck Road ~goon site for the construction of the Lynnhaven Junior High School ITEM #5191 On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Cou;~:':i.:. ~roved the application of Charles R. deForas to move a two story fr~!~ ~ .sidence, 28' x 54' from 1009 Laskin Road, Lynnhaven Borough, to Lot A~ ~i:~:~::'!: H, Rudee Heights, Southside Road, Lynnhaven Borough. Estimated valu~ ~. ~' move and renovations, $30,000. This site has been approved for sep ank. ITEM #5192 On motion by Councilman Holland, seconded by Councilman Waterfield and by recorded vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Hollan-~ .). Murray Malbon, J. Curtis Payne, Donald H. Rhodes and Floyd E. Waterfiel~ ,~r. ' Nays: N 3ne Ab sent: None City Council approved a transfer of $1,750 from the Reserve for Contingencies for the first half dues to Tidewater Virginia Development Council. The City's previous annual assessments were approximately $26,000. On mention by Councilman Bau-~,, seconded by Councilman Gardner and by recorded vote as follows: , Ayes' Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne Donald H Rhodes and Floyd E W~erfield, Jr. ' · , · None Absent: None l-~korder to assure Federal participation in the Pendleton Project, City ~ ~ncil approved a transfer of $1,500 from the Reserve for Contingencies the Department of Social Services, Account 8020-213 for two professional appraisals to be made of the 5-1/2 acres of Pendleton property to be used. The cost of these appraisals will be prorated between the State and the Cities of Chesapeake and Virginia Beach. ITEM #5194 On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell. Jr., Vice Mayor F. Re~d £rvin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Mur-~ Malbon, J. Curtis Payne, Donald H Rhodes and Floyd E Waterfield, Jr. ' ' · Nays: None Absent: In the -~:' .,.~1 year 1973 budget, City Council approved certain .salary adjust- ment, .s recommended by Yarger and Associates to keep the City's pay plan up t_9,o d. Therefore, City Council approved the foIlowing transfers and/or )ropriations in order to reflect these changes in the Finance Department: General Fund -From Reserve for Contingencies Water & Sewer Fund - From Reserve for Contingencies Virginia Beach Special Revenue Fund - From Reserve for Contingencies Law I:~rary Fund - From UnappropFiated Surplus $525,000 25,000 6,558 190 $556~74~ On motion by Councilman Gardner, seconded by Councilman Malbon and by recorded vote as follows: , Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne Donald H. Rhodes, and Floyd E. Waterfield, Jr. ' Nay s: None Absent: None C~2:.y Council approved the following transfer of funds totaling $7,500. ~ :hin the budget of the Real Estate Assessor to fund code 212 to offset C :a processing services being performed toward establishing a land data b~lk: 801 Office Equipment $ 400.00 335 Photographic Supplies 100.00 227 Educational Assistance 200.00 225 Aerial Photos and Mapping 2,000.00 220 Training Schools 1,000.00 213 Legal and Expert Services 2,000.00 220 Traveling Expenses-Daily Work 300.00 204 Postage Total Transfer ~ ITEM #5196 On motion vote as .~. ~ncilman Malbon, seconded by Councilman Gardner, and by recorded Ayes: "' ~::~:ilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., ' cl Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence B,,Ho ~nd, D. Murray Malbon, J. Curtis Payne Donald H Rhodes and Floyd E } :erfield, Jr. ' ' ' · N=fs: None Absent: None City Council approved the transfer of $2,075 from Account 20030-831 to Account 20030.631 in the budget of the Public Utilities Division to meet an increa~;~ in cost over the original budget estimate for the replacement of two dum: c:ucks. On ~,~i. otion by Councilman Garaner, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne Donald H Rhodes and Floyd E Waterfield, Jr. ' ' , · Nays: None Absent: None fter careful consideration by the Department of Community Services and the ~partment of General Services, in conference with representatives of the ~eautification Commission, it has been determined that the City's beautificati( program can best be handled by the General Services Department. Therefore, City Council approved a transfer of funds totaling $45,362.00 from the Highway Division budget 1010-308 Special Projects to the General Services budget as follows: ' To 16010-180 - Compensation of Foremen 16010-223 - Uniform rental -273 - Reparis to Auto Equip. -301 - Tires, Tubes & Parts _7-~ - Gas, Grease & Oil : - Small Tools -~31 Nursery Stock & Misc. Supplies -831 Automotive Equipment -833 Motorless Vehicles -834 - Machinery $ 4,815.00 1,3 0.00 250.00 200.00 225.00 1,500.00 4,000.00 23,400.00 1,725.00 ITEM #5198 :~ motion by Councilman Rhodes, seconded by Councilman Gardner and by recorded vote as follows: , Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid £rvin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne Donald H Rhodes, and Floyd E Waterfield. Jr~ ' ' · Nays: No~ ~; Absent: None City Cou:-~cil authorized the City Manager to execute a standard water agree- ment for ~ratford Chase, Kempsville Borough. ITEM #5199 On motion by Councilman Holland, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell: Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence ,~ Holland, D. Murray Malbon, J. Curtis Payne Donald H Rhodes and Floyd E ~terfield, Jr. ' ' , · None Absent: None 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 Wellington Woods North, Lynnhaven Borough: '~,' ~: ' ' ,f .' -':.~.'~' ~,', ~ , '~:" .,,., .~,, ~' ,.. ,' .... " - . .' ~'~'~' .... ~,.,, ', P~OP~,~ED ~ATER SYSTEN~ LOCATED AT ~ZZi.~ , ~ ,:i?:,,~.,.,,., , Wood~ No~fl. , ' ' ": 'IN 'Tile C~TY'OF :, VIRGINIA BEACIi~ F~TIIER DESCRIBED BELOWI . :, ';,~ , '~'. '..,,-,; .,...~. I' ' ~ ~ ...... ~ , '' Fee~' ' ~a~s~Z~ c~Z~ ,.., ' 4'~ ~ ' ~so :" ,,~hed ~nd ehp~n On plan ~90 .':'T~.:.'~ub~jecl~~ tO the fQlloWi!~Z t~ms and co~d~t~onq: .. ter;~n~ ~hall~be"~mta~led ~: .,:- J,..' ~ha'~tl~. water -0 .uppl~od ~hrough ma~4 ma~l ' ~ 'ba'/4~ ~lm.:.ame. ra~e nOw~ o~ herea~Cer~ eimrgod by the C~y of Nor~O~k~ ~o:: :..,;3., tbAL_alJ ordAnanco, p~ ~he C~Cy' of Horfolk and all ~Ulam -'~"v" ', rp~tacXon~ .or:,~Ch. D~v~si0~ o~ Wale Suoulv oF sa~fl ;.,.. . . . .. ., : . .r -~.- - , - ~ ...... -~ .-- -.- hereaf~r apply Co .tho ~upplyxng of watev ~twough ~lm said pro'poae~ - ":~'~' "' ?ha~"":the'satd City of Norfolk shall be under no obligation to*::,.~.. , pressure carried, w~11 deliver into sa~d mains~ and i~ the said supply~n~-~ water shall not be in accordance ~ith the standard service~ the said C~y of Novt'oXk :'~a~l' no~ b~ held re~pmmible in any way. " Czt,~ , ,~rFolk will supply tile same only from its surplus ~uppiy, and supp: . to 'any Fonsumers along the proposed mainJ'a~ any t/me when ~, = ,'~-.,gomeqZ, of' the Commsi:of tim ~aid City of EPrfolk, the ~aid of ~ai.d City ~suppty waCe~ to its own i,habita~t~. '6~".,.That'.fvom and aftev tim installation of the w~Le~ mains and ?/ .hydrants riley ~hail become the pPoperty of the City of Vir. g/l~ia Beach....' .... :",. ~' ~se such mainm and hydra~jts For the supply of waZer, a~d furthep ~be C$LF :'Of Norfolk ready and reasonable acces~ to them. , Thqt fo~ a~y ~ire hydrant installed at tho request of the Cit~ ~ach~. a rental paymon~ of One Hulldred Dotlara ($100,OO) a year e:' hydr~a~ ~hall be paid Lo the City' of Norfolk. lie 0 IL oE tho C' ' inia Beach, voteOn mo:~iOnas follows by Councilman: Holl~-nd, seconded by Councilman Malbon, and by recorded g,re:~: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, 0~., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H Rhodes and Floyd E W~erfield, Jr. · , · Nays: None Absent: None Ci Council approved the following Resolution requesting the City of Norfolk tc ,ake connections, and to furnish water ~,, ~,,*~rou~ a p p e-ro-ose- lo~ted at Chesapeake Park, Bayside Borough: water system a'uuw~muxxu~ AND TO F~NISti WATER T~OU~H:A'~':~:/'.,~:. -. ~IRGINIA BEACii, F~ITIIER DESCRIBED BELOW: t',ls propOsed bY the City of Virginia Beach, Virginia, ..... ~ ~ Lo extend a proposed Water ~,~..,-~ ma~n xO accordance with the existing contrac~ between ti~e City .... V~r~i*i~ih Beach a~-~ the City of Norfolk, in ~~ ~oeo~. · , ........... , in the streets listed as follows,: '.Nam~'~°f Size of Linear" StPeet Pipe Feet ,:::'.::~ ",0c~% t.~ ~,. ~u~. 6" 530 ' "2,? ' ".=~ ~* ~~ ~ 4" 455 * ,Y:f;'~,~h~ Pa~ ~o~ 15=29 ~ ~o~ 2-I2 ~o~ ,as p~epared by ' ' ~. requested Co make a conue~*-;--'~= -, Y . No~Eolk be and . completion'of-the installation of the proposed mains~ ~o supply wate~ :[Jt?.;~,~.. =onsumePs .reSiding thereOn~ it being expressly understood and agmeed that. the supplying of said Watep by the City of Norfolk shall be upon ':'*;ii:-subject to the following terms and conditions: 3. That all ordinances of the City of Norfolk and-'all rules and. regulati'ons of the Oivision of ~ate~ Supply of said City, no~ or hereafte~,- adoptedtoand=thePUtsupplying, into efffeCt,of relating to the furnishing of water ~hal'l ~*apply water through the said proposed mains, said City of ~orfolk shall be under no obligation to tha~ ils distribution system as now laid, with the- ~ill deliver into said mains~ and if of water shall not be in accordance with the standard said supplying :~, Lhe said, . .. PP Y same only From xts s - In th+: i* -'ment' of the Co .... g., le p~posed maxns at any time when', · o"¢:.'i:That'from and after tile ilistallation ()f the wit ~ · ' L° use, ~UCh mains and hydrants fop tl~ , Y _ rfolk tg~ rxght ~o~ th~,City of ~orfolk read- --~ --- e sp~ply of water, and further AP II~M ~bZOl On motion by Councilman Gardner, seconded by Councilman Rhodes and by recorde¢ vote as follows: , Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes and Floyd E Waterfield, Jr. , · Nays: None .Ab sent: None ~-~tYuncil:COuncil appointed the.following persons to the Pendleton Project Advisory Mr. Robert Stanton Mrs. Aubrey Prince Mrs. Grover C. Wright Mr. Robert DeFord Dr. R. J. Wyles, M.D. Mrs. Joseph A. Banks Mrs. Mary Payne Cole ITEM #5202 On motion by CouncJTrean Rhodes, seconded by Councilman Holland, and by recorded vote as follows: Ayes: CouDc:i. tmeT,. John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr , Vice ,,'-~',.- ' F Reid Ervin, George R. Ferrell, Charles W Gardner, Clarence A. Holla-:! ?)~ f'4urray Malbon, J. Curtis Payne, Donald H. Rhodes and Floyd E Water~.(. ( ;r. ' ' Nays ~bsel~ ' None [ty Council increased the membership of the Virginia Beach Mental Health and Mental Retardation Services Board from seven members to twelve members. ITEM #5203 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as ~ -~ows: Ayes: C;uncilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes and Floyd E Waterfi~ld, Jr. ' ' Nays: None Absent: None City Council appointed the following persons to the Virginia Beach Community Mental Health and Mental Retardation Services Board: Mr. Jcseph Crosswhite, Jr. Mrs. Grover C. Wright Mr. David C. Eckhardt Reverend John H. Jordan ITE3I #5204 On motion by Councilman Payne, seconded by Councilman l~'aterfield and by recorded vote as follows: , Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne Donald tt. Rhodes and Floyd E. Waterfield, Jr. ' , . 's: None : ~ent: None 1)ue to the resignation of b{r. Herbert Hoir, City Council appointed Mr. E. R. Cockrell, Jr. to the Princess Anne ~'~osquito Control District Commission. ITEM #5205 The request of Mr. Beril M. Abraham of the Virginia Beach Civic Orchestra to appear before City Council regarding financial aid was deferred for a period of thirty (30) days. ITEM #5206 Councilman Gardner requested the Citw Manager to look into the feasibility of having stop lights at major shopp}ng centers turned off or on blinking after the shopping centers are closed to expedite traffic during the later hours. ITEM #5207 C;~'.ncilman Gardner asked the City Attorney if he had any further reports or ~ :ommendations regarding a proposed leash law. ~K. Bimson, City Attorney, recommended that the leash law be handled by subdivisions; whereby, any subdivision presenting signed petitions represent- ing the majority of residents in that area can have ~ leash law established in their particular subdivision. ITEM #5208 Mayor Cromwell referred the matter of zoning violations at Birdneck Point as presented by Mr. James F. Quirk to the City for his investigation and subsequent report to City Council. Manager On motion by Councilman Hol.~.and seconded by Councilman Ferrel. 1 and by recorde, vote as follows: ' , Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferre11, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne Donald H Rhodes and Floyd E. Waterfield, Jr. ' · , Nays~ None Absent: None G&,ty Council noted its intention to hold a closed meeting on November 6, 1972, the purpose of discussing items permitted for discussion under the Freedom Information Act of the Commonwealth of Virginia. ITEM #5210 On motion by Councilman Ferrell, seconded by Councilman Gardner and by unanimous vote, the meeting adjourned. ' Richard J. W~lerk City of Virgir ;each, Virginia Robert B. Cromkeql, Jr., Mayb~ October ,5:i .~ .,.'/2 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA November 6, 1972 The regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers in the Administration Building, in the Borough of P_r_incess Anne, on Monday, November 6, 1972, at 2:00 p.m. %_._~ invocation was given by Reverend Emory S. Ellmore, Princess Anne Methodist Church, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilmen absent: None ITEM #5211 On motion by ~('.::~--:~.~lman Gardner, seconded by Councilman Ferrell, and by recordec vote as Ayes: Cc~u,n:.,~!:nen John A. Baum, Robert H. Callis, .Ir., Mayor Robert B. Cromwell Jr., Vice '~.vor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Noila;:~..~ , D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Watcr'f'~.~:.~, Jr. None ~ ~ent: None City Council approved the Minutes of the Regular Meeting of October 50, 1972, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy o£ the subject ~inutes before him. ITEM #5212 City Council designated the date of November 21, 1972 as the public hearing of the Comprehensive'Zoning Ordinance and Zoning Maps. ITEM #5213 I d~$tamee of ZOO feet along ~ne ~outn slae .o.T .virginia ue.acn..uou~eva~.,_ _ ~, dSstlnce of 4SZ.16_ 4}l~ ~ {{1{) fN~ along of SO0 feet mare or less along the Eastern property.line. Satd parcel contains -- 2,~ Kt~s more or less. (Princess Anne Plaza Area) LYNNHAVEN BOROUGH. The · l)pr{mv&l to Tits Irllmin(J Cmmtsston re--ds deletl, on.o?.cne /...b amlHite~ tMt no butldtng or ~mprovenencs to be maae on ;n~s are . M~. #illiam M. Thompson, Jr. appeared on behalf of tP.e application. Mr. Grover C. Wright appeared in opposition to the Planning Commission's recommendation that the 7.S foot dedication with the provision that no building or improvements be made to this area be deleted from the stipulations setforth in the Use Permit. Councilman Baum m~ ~ motion, which was seconded by Councilman Gardner, that the application -~!!' ~inomas-Royal Dodge, Incorporated for a Use Permit be granted for an additiez .... ~ an existing new and used car dealership and service on certaix property be~'i~.~: '~g at a point 709 feet more or less West of North Plaza Trail, Princess /'~? ~za Area, Lynnhaven Borough; subject to site plan a. pp~oval to include ~"~': ~t widening, concrete curb, sidewalks and storm drainage as necess~::=' be provided along the frontage on the marginal access road; further subject ~ 7.5 foot dedication with the provision that no building o'r improv =me~nts be made on this area. ITEM #5213 (a) Councilman Malbon made a substitute motion, which was seconded by Councilman Callis, that the application of Thompson-Royal Dodge, Incorporated for a Use Permit to be approved for an addition to an existing new and used car dee e~- §'hip',"Princess Anne Plaza Area, Lynnhaven Borough; subject to the Planning Commission recommendations with the deletion of the request for sidewalks, providing the applicant submits a letter of intent stating that sidewalks will be provide,~ ~t such time as they are required by the City in this particular area. Rec~ ~ed vote on the substitute motion is as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice ~ayor F. Reid Er~in, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Councilmen John A. Baum, George R. Ferrell, and Charles W. Gardner, Absent: None City Council approved the above application of Thompson-Royal Dodge, Incorporate for a Use Permit for an addition to an existing new and used car dealership and service on certain property beginning at a point 709 feet more or less West of North Plaza Trail, running a distance of 200 feet along the South side of Virginia Beach Boulevard, Princess Anne Plaza Area, Lynnhaven Borough; subject to site plan approval to include pavement widening, concrete curb, and storm d~'-~nage as necessary to be provided along the frontage on the marginal access re 1. The request for sidewalks was deleted pending a letter of intent from tt_ applicant indicating their intention to provide sidewalks at such time as they are required by the City in this particular area. Ci'ty Council also deleted the 7.S foot dedication with the provision that no building or improvements be made on this area. ITEM #5214 I~tt¶clt~e~ of Oct,, ]ncorl=orated T/A Dines Motor Inn for a Use P~t ~t~ 45 ~tttonal motel untts, totaltng ~05 untts, and~~~t ~:~'~t~t a ~s~urant as a substdtaw use to the ho~l on c~'tn ~- ~ lo~t~ ~ ~ ~ut~ast c?ner~f ~0~ Steer and At~anttc Ave~, ~m~g a dts~ of 355 feet along ;~ East stde of ~tlanttc Avenue, ~ng a dts~n~ of 15~ f~t. al~ng.~e S~th stde of 10th Strut. runntng a ~sm~e of ~5 f~t al~ ~e ~as~ p~perty ~tne, and ~.ntng a d~l~ of 1~ f~t a;~g the Southern p~perty ;~ne. Satd pa~e] c~- ~ ~.2~ s~a~ feet, VIRGXNIA B~CH BOROUGH. ~ ~(ng ~sston ~~nds app~val subJ~t to st~ plan M: ~. C. ~a;an appe~ed on beh~l~ o~ the On motion by Councilman Gardner, seconded h7 Councilman ~at~eld, an~ by =eco~ded vote as ~ollo~s: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferre11, Charles W. Gardner, Ciarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd B. Waterfield, Jr. Nays: None Absent: None City Council ap~ the above application of Octo, Incorporated T/A Dunes Motor Inn for Permit to construct 45 additional motel units, totaling 105 units a~~ ~ ~'~ Permit to construct a restaurant as a subsidiary use to the hotel o'~ :ain property located on the Southeast corner of 10th Street and Atle." .: enue, Virginia Beach Borough; subject to site plan requirements. ITEM #5215 motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded :e as'follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferre11, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, .... Nays: No Absent: None After careful consideration by the Department of Community Services and the Department of General Services, in conference with representatives of the Beautification Commission, it has been determined that the City's beautifica- tion program can best be handled by the General Services Department. Therefore: City Council approved on second reading a transfer of funds totaling $45,362. from the Highway Division budget 1010-308 Special Projects, to the General Services budget as follows: To - 16010-180 Compe:~a. tion of Foremen 16010-223 Uniforr rental -273 Repairs to Auto Equipment -301 Tires, Tubes & Parts -310 - Gas, Grease & Oil -317 - Small Tools -331 - Nursery Stock & Misc. Supplies -831 - Automotive Equipment -833 - Motorless Vehicle -834 - Machinery $ 4,81S.00 1,300.00 250.00 200.00 225.00 1,500.00 4,000.00 23,400.00 1,725.00 7~947.00 $45~362 O0 ITEM #5216 On motion by Councilman Rhodes, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.~ Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None I~ :he fiscal year 1973, City Council approved certain salary adjustments as rE )mmended by Yarger and Associates to keep the City's pay plan up to date. Therefore, City Council approved on second reading the following transfers and/or appropriations in order to reflect these changes in the Finance Depart- ment: General Fund - FrOm Reserve for Contingencies Water & Sewer Fund From Reserve for Contingencies Virginia Beach Special Revenue Fund - From Reserve for Contingencies Law Library Fund - From Unappropriated Surplus $S2S,000.00 25,000.00 6,558.00 190.00 $556,748.00 ITEM #5217 On motion recorded cilman Waterfield, seconded by Councilman Holland, and by follows: Ayes: ¢". ..Imen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., ~? ,. .myor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Hc '~d, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. W~.~rJ'' .eld, Jr. NL, 3: None Absent: None City Council approved on second reading a transfer of $1,7S0. from the Reserve for Contingencies for the first half dues to Tidewater Virginia Development Council. 7'~e dity's previous annual assessments were approximately $26,000.00. ITEM #5218 On motion by Councilman Gardner, seconded by Councilman Rhodes, and by recorded vote as iollows: Ayes: Corncilmen John A. Baum, Robert H. Callis, Jr., b~ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd £. Waterfield, 3r. Nays: None Absent: None Ir--%rder to assure Federal participation in the Pendleton Project, City Cc ~cil approved on second reading a transfer of $1,500.00 from the Reserve fc Contingencies to the-Department of Social Services, Account 8020-213 for two professional appraisals to be made of the 5 1/2 acres of Pendleton property to be used. The cost of these appraisals will be prorated between the State and Cities of Chesapeake and Virginia Beach. ITEM #5219 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen J~hn A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Abs__ent: None C y Council approved the following Ordinance authorizing the appointment of d.~uties to the City Clerk and ratified all actions previously taken by Mrs. Iris C. gsenberg subsequent to her appointment as Deputy City Clerk on July 17, 1972: ORDINAI~CE NO. i~I AN ORDINANCE AUTHORIZING THE APPOINTMENT OF DEPUTIES TO THE CITY CLERK ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, ..mat, the Council may appoint such deputies to the City Clerk they deem necessary to serve at the pleasure of the Council. The deputy city clerk shall so far as required by the City Clerk, discharge and perform any of the duties imposed upon the City Glerk, and in the discharge of such duties, shall be under the direction and control of the City Clerk. T~is ordinance shall be effective from the date'of adoption. Adopted by ~;he Council~of the City of Virginia Beach, Virginia, ITEM #5220 On motion by Councilman Rhodes, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., \rice Mayor F. i~eid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None £ :y Council authorized the City Manager to transfer a small parcel of land in I ~ Woods of Avalon section to Mr. and Mrs. James R. Leeper. This authorization results from the closing of a public,street, earlier by the City Council. AN ORDINANCE AUTHORIZING ~qE CONVEYANCE OF CERTAIN REAL PROPERTY TO JAMES Ro AND WINSOME Ro LEEPER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHERE~~ below described real estate has been declared excess; and ~m, it is in the best interest of the City to convey such real the adjoining property owner. tHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the City Manager is authorized to convey with SPECIAL WARRANTY the following described property to James R. and Winsome R. Leeper: All that certain lot, piece or parcel of land,'' .~ituate, lying and being in the City of Virginia i~ieach, Virginia, known, numbered and designated as "Parcel B-i", as shown on physical survey entitled, "Physical Survey of Parcel B-I, Section Two (2), Woods of Avalon, "which phyeical survey was made by Baldwin and Gregg, Surveyors, and dated March 7, 1972, and is recorded herewith. It being the northern most part of a road entitled, "Service Access Road", which appears on the plat of Section Two (2), Woods of Avalon, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 74, at page ~i?~. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of November, 1972. ITE~{ #5221 on motion by Councilman Malbon, seconded by Councilman Gardner, and by recorded vote as follows: k~es~ Councilmen Jehn A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None A_~bsent: None ty Council approved a transfer of $4,000. from Refuse Collection budget ~ode 10512-925, Expansion of Parking Lot, to code 10512-912, Additions to Buildings. This building addition will be made in the Thalia yards and will provide for more storage for working gear and a refuge for city employees at this location. ITEM #5222 On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F 'id Ervin, George Ferrell, Charles W. Gardner, Clarence A. Holland, D.' T Waterfield, Nays: Ncr (, :y Malbon, J. Curtis Payne, Donald H. Rhodes, and .Floyd City ~,c~uncil authorized the City Manager to execute for (?~:(~:~apeake Park, Bayside Borough. ITEM #5223 On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Cou3cilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vic~' ~"~7or F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holla'~ , D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfie.~i, Jr. ~ays: Non~ Absent: None City Council authorized the City Manager to execute standard water and sewer agreements for Haygood Point Corporation, Bayside Borough. ITEM #$224 On motion by Councilman Gardner, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice ~.Iayor F. Reid Ervin, George R. Ferrell, Charles' W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd g. Waterfield, Jr. ~' Nays: None Absent: None C~ ! Council approved the following Resolution requesting the City of Norfolk t, hake connections and to furnish water through a proposed water system at Chesapeake Park, Bayside Borough' A RESOLUTION REQUESTING T}{E CITY OF NCkY.)l,i{ TO MakKE A GOi;NECTiO~7 AMD TO ~N~RN!SH WATEr1 T~iROUGF A PROPOSED WATER SYST~]'i~ LOCATED AT Chesaneak~' ~ ..~each, Bayside Boro~!g.h IN THE CI~fY OF V~GINIA BEACH~ FIN~ITHER DtkBCRIBED BELOW: ~t~REAS, it is proposed by the City of Virginia B~ach, Virginia, at the request of u~, ~^M~a D~,, C°rp°ratig~n ,~ to extend a proposed water main in accordance with the ex~$%ing contrac~ b~tw~on the C~y of Virginia Beach an~ the 0~ - of Norfolk~ in~ Chesaneake Park ~, _~ in tho streets listed as follows: Name e* Size of Linear No. of P.i~ F~t . ~an View Avenue Joyce Avenue Sandy Bay Drive 25' R/WE. of Lee Avenue 6" 380' 6" 90' 6" i10' 4" 270' all as described and shown on plan entitled, ~gJmeers ~ Pla~ of Chesapeake Park , as~Prepared by Virginia. ~eacn ITEM #$225 On motion by Councilman. Gardner, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell: Jr., Vice Mayor H. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None --Lty Council approved the following Resolution requesting the City of Norfolk ~ make connections and to furnish water through a proposed water system at ~ygood Point, Bayside Borough: A RESOLUTION REQUESTING THE CITY OF NORFOLK TO MAKE A GONNECTI.~. N A~D TO FURNISH WATER TIIROUGH A PROPOSED WATER SYST~74, LOCATED AT .WAYGOOD POINT., LAKE SMITH , IN TIIE CITY OF VIRGINIA BEACH, FURTHER DESCRIBED BELOW: ~{~IEAS, it is proposed by the City of Virginia Beach, Virginia, at the request of MAYGOOD POINT CORPORATI0~ .... , to extend a proposed water main in accordance with the existing contract between the City of Virginia Beach and the '~.ty of Norfolk, in RAVSIDE BOROUGM. VIRGINIA BEACM · in the streets listed as follows: Name.: Size of Linear No. of ~.~.::~.: ~,:,~ ~.pe Feet Rvdran%s Ow!:: :" · 6" 326' W,' ,~fier Arch 6" 772' 4" 90' [:ippen Road 6" 260' Five Forks Road 8" 452 ' Haygood Point Court 4" 328' Clymer Court &" 138' Dawes C,~rt 4" 166' Maygc" g'oint Road 6" 2774' 'Fayette Court 4" 682' 6" 524 Moul~rie Court 6" 48' 4" 702' Seine Court 4" 244' TOTALS: 6" C.I. = 4704 &" C.I.,* 2350 8" C.I. = 452 a]-% aa described and shown on plan entitled, Composite. of Site Plan for Waygood Point: , , , as pre~d bit' Marsh & B sgier . Engineers, · . P .U. 36-2b NO~, '[tH~.ErORg, Or..L'T R,Y. SOLVED~ 't,h,..-Tt the City of ~orfo:Lk be end it herel~ is~ requested to m~ce a connection of the proposed water ma:i.ns with the present mains of said City at the said desisnation, and upon completion of the inst,llation of the proposed mains, to supply water to · consumers residing thereon, it being expressly understood and agreed that the supply~-ng 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 sh~11 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 furni~;hing of water shall apply to the supplying of water through the said proposed mains. 4. That the said City of Norfolk shall be under no obligation to ih~rnish more water than its distribution system as now laid, with the pressure carricd, rill deliver into said mains, and if the said supplying of water shall ~ ~t be in accordance with the standard service, the said City of Nor*. ~all not be held responsible in any way. '~.~ in supplying water to consumers along the said proposed mains~ the C'i~~ .~'orfolk will supply the same only from its surplus supply~ and that ~?ent sh~ there be any obligation on the part of said City to ~'/'~'F' , ..... ;er to any consumers along the proposed mains at any time when~ :.~ Judgement of the Counc~_l of the said Ci~ty of Norfolk, the said City ~,~ not have sufficient supply f~r use within its corporate limits, or ,ever the supplying of said water shall interfere with the discharge ~ 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 Reach 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 ~orfolk ready and reasonable access to them. VirF,- for That for any fire hydrant installed ~t the request of the City of Beach, a rental payment of One Hundred Dollars ($100.00) a year hydrant sh~l~ be paid to the City of Norfolk. this day of ~'v~ _., 19 ! ~ · g'ierk ~f' the Council- ITEM #5226 Mr. Grover C. Wright appeared before City Council regarding the application of Acquisition, Incorporated, for a Use Permit to construct 600 condominium motel efficiency units and requested City ~ouncil to consider their previous action in this matter in which they approved the construction of not more than 200 units. Mr. Wright indicated that in his opinion there was a legal question as to whether the City Council could refuse to issue a use permit for the construction of motel-hotel units in an area such as the one in question, which is zoned motel-hotel. On this basis, he requested reconsideration of Council action of October 30, 1972. ( ~ncilman Payne made a motion, which was seconded by Councilman Rhodes, to ~ zonsider the application of Acquisition, Incorporated in thirty (50) days, December 4, 1972, and requested the City Clerk to readvertise the subject application so the opponents will be aware of the rehearing, by recorded vote as follows: Ayes: Councilmen Clarence A. Holland, D. Murray Malbon J. Curtis Payne, and Donald H. Rhodes. Nays: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, and Floyd B. Waterfield, Jr. Absent: None City Council ~,~ {!~,ed to reconsider the application of Acquisition, Incorporate~ ITEM #5227 The request of Mr. Frank Smith, Tidewater Association of Home Builders, to appear before'City Council was deferred for one week. ITEM #5228 Vice Mayor Ervin made a motion, which was seconded by Councilman Baum, that the City of Virginia Beach, at the direction of City Council, withdraw an application for the dredging of Pleasure House and Crab Creeks now pending before the Norfolk District, Corps of Engineers and described in their Public Notice 72-41 dated October 17, 1972. ,uncilman Callis made a substitute motion, which was seconded by Councilman Lterfield, that consideration of withdrawing the pending application for the dredging of Pleasure House and Crab Creeks be deferred for one week. Recorded vote on the substitute motion as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council vote:.? o defer for one week consideration of withdrawing an application fe~ t': :~ dredging of Pleasure House and Crab Creeks now pending before the ~c~::~!~.x~ District, Corps of Engineers and described in their Public Notice 72.~41 ,~ ced October 17, 1972. ITEM #5229 -- a ~tter of public information, for the records, Councilman Clarence A. i lla,~d announced that contrary to any statements by other persons, he does t approve of the City of Virginia Beach entering into a water contract With the City of Norfolk for a term of twenty years, and that his membership on the Executive Committee of Planning District #20 did not affect his position on the matter of the twenty year contract term; he further indicated that City Council had placed responsibility for contract negotiations on the City Manager and that any statements by other officials could hamper these negotiations. Vice Mayo-' ' Reid Ervin took exception to Councilman Hollands statement and indicated ,~at he had a perfect constitutional right to express his opinion if he fel. so inclined. Mayor Robert B. Cromwell, Jr. brought the matter to a close indicating that personalities were being expressed and directed the City Clerk to proceed with the matters on the agenda. ITEM #5230 On motion by Councilman Ferrell, seconded by Councilman Rhodes, and by recorde, vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None '--Absent: None City Council noted its intention to hold a closed meeting on November 13, 197~ for the purpose of discussing items permitted for discussion under the Freedo~ of Information Act of the Commonwealth of Virginia. ITEM #5231 On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by unanimous vote, the meeting adjourned. City of ~ .~ ~a Beach, Virg iz i 1972 MINUTES OF TIlE IlONORABLE CiTY CO~JNCIL OF TIlE CITY OF VIRGINIA BI!ACIt, VIRGINIA November 1.5, 1972 ff_[rhe regular meeting of the Council of the Cit9 of Virginia Beach, Virginia was eld in the council_ Chambers 5n the Administration Building, in the Borough rincess Anne, on Monday, November 13, 1972, at 2:(/0 p.m. The invocation was given by Reverend Richard Stevenson, Tabernacle Methodist Church, Vi.rginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, ,Ir., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Halbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilmen absent: None ITEM #5232 Mr. J. Wilkes, representing Eigen Investments, appeared before City Council on behalf of Robert Hall Village, a business development at Constitution Avenue and Virginia Beach Boulevard (known to City Council_ as Pembroke East) to request City Council to make an exception to the zoning moratorium to permit the Planning Commission to accept an application for a change in zoning of a certain portion of the property which is now designated as :~ to CG. l.e request is made in order to permit the construction to continue and. to allow a certain d. esigna1~ed portion of the CL area to accomodate the constructi of a Tire, Battery and Accessory area to be built. Apparently, due to a misunderstanding a letter from the City autkorities indic~.t6d, tl:~at the zoning was suitable fox' the proposed coI~struction, and upon this basis Eigen Associates proceeded with the construction plans, financing and specifications until it was realized that the proposed TBA section would be located in an area which wJ.]l not permit such f'acilities. It was n'oted that the proposed CZO has designated the entire area with a commercial code which will permit suc. h development in th.e futul'e. Upon motion by Council. man Payne, ~seconded by Councilman Holland, and by record VOte as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. C~omwell, Jr., George R. Ferrell, Charles W..Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Panyc, and' Floyd E. Water£ield, Jr. Nays' V.ice Mayor F. Re:i.d Ervin Absent · None A b s t a i n: Coun. ciln~an Donald }I. Rhodes ,. ,z ]t]in and author:i zed the a~ing l~eparl:me~t i'.o accet~t 'the ~,)~1.2cat:ior~ o~' 12i?,cn Associates (Robert ifa].1. Vi.l.l.~,c) l~or a. .................................... c.nange o, ;:on.~;~r~.. on the subject property. Appiic,.~ion of Dr. B. B Batl~man by !;abert L. ~,!~n~c,n, ,ntte'.no~,,"f~r :: ~2~.e c~.~ ta~,. ~re~erty bee .~ P,~t to construct 6 a~ar~ment unit~. ~ ~- ~'- ~ , ~ ~nning a% ~ ~'~r,~ ~uO fec~ East of Arctic Avenue, running ~ al;stance of cO f'c~et atcn~ the South side of 25th Street, running a distance of 190 feet alcng the Eastern property line, running a distance of 50 feet alonn the Southern prcmrty line and running a distance of 199 feet along the Western proper~y 'lira}. Said parcel is known as Lot 16, Block S4 . , F~p ~o 6, Part of the PrOperty of the Vii~inia ~ach ~velopment Co. VIR~IaI~ B~CH BO,~uUCI{ The Planning Co,,%'nisston recon~ne, nds approval of this request subject to standard site plan requirements required by the Enqineerin.q Division. The motion for approval suggests participation in school site acquisition. --'r. Robert L. Simpson, Attorney, appeared before City Council requesting ~consideration of the application o£ Dr. B. B. Batleman, as at the October 972, Council bleeting it was inadvertently stated that the subject property in Category two when in fact, on the Planning Development Map, the property is in Category Four, which is commercial and calfs for a high density area. Mr. Charles Carrington, Planning Director, indicated that the present zoning c the subject property is R-3, whi. ch permits a maximum of five (S) units for the first six thousand (6,000) square feet and one thousand (1,000) square feet fc each additional unit. This would permit a maximum construction of eight (8) apartment units on the subject parcel under the present zoning. Councilman Rhodes made a motion, which was seconded by Councilman Waterfield, to approve the above application of Dr. B. B. Batleman for a Use Permit to construct 6 apartment units on certain property beginning at a point 200 feet East of Arctic Avenue, Virginia Beach Borough; subject to standard site plan requirements as required by the Engineering Division and further subject to the applicant's participation in school site acquisition. Councilman Baum made a substitute motion, which was seconded by Councilman Callis, to grant the applicant a Use Permit to construct three (3) apartment units on certain property beginning at a point 200 feet East of Arctic Avenue, - irginia Beach. Borough; subject to the requirements set forth by the Planning ~mmission. :. Recorded vote on the substitute motion as follows: Ayes: Councilmen John A. Bau~n, Robert H. Callis, Jr., Mayor Robert B. C¥omwet Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, and J. Curtis Payne. Nays: Councilmen Donald H. Rhodes and Floyd E. Waterfield, .Jr. Absent: None City Council approved the above application of Dr. B. B. Batleman for a Use Permit to construct three (3) apartment units on certain property beginning at a point 200 feet East of Arctic Avenue, saJd parcel is known as I,ot 16, BJock 94, Map No. 6, Part of the Property of Virgi_nia Beach Development (7ompany, Virginia Beach Bor'°~gh; subject to standard site pla. n requirements as required by the ]~nF, ineer:]nV ])iris Jori and further subject to the applicant's 1)artic~it)ation in school site acquisition. " l T E M II S,:° 34 Application of Bel-Aire Incorporated 'For a Use Permit to constru:ct 506 town- houses for sale and 300 aparLments, totaling 805 units, on certain property beginning at a point 725 feet IiK)re or loss East of General Booth Doulev~rd, and running a d'ista~ce of ~390 tee~ mare or less alo~ the South,,..,,, property line of which 2,~90 feet mo~-e or 'less is ct~,~ Piorch side of l]a~T~ ~iec~q Tic, ad, running a distance of 840 feet along the Eastern property line and running a distance of 26fi5 feet Ir~ore or less alo~9 tine Northern t)¥operl~y line and running a distance of ldO0 'Feet more or less alollg tl~e Western properly line, Said parcel for the prf:,[~osed 300 apartments cantains 19.33 acres and ~'t=~,. =. parcel for the proposed 50','n',c,,,~houses cont~ins 45 o,., . -= .,,L, acres Said parcel is known as the Widgeon tact. Piti NC[SS ~"'- The l'lanp, ing Cominission recomt~encs aiq)roval of this YrJ(luc?S'L subject to a reduc'l;ioil in d(,i~s'il;y, to 15 al~-lrt, n';'=nis and 10 'L.,~..~t~,n."-. ~,~-es per ~cr], wi'ih ihe ¥.,?[('~' ar~; ' .... ~-.-ii; requi '' f,~,..' the ~'j,~: ~',~1 ~l,~' ' ' ' ' ' ' On mot:ion by Coui:cilman Baum,seco~d,d by Cotll,cilman I!rvin, and by recorded vote a,'~ follows. .' · Ayes: Councilmen. John A. Baum, Robert H. Ca]lis, ,Jr., Mayor Robert B. Cromwej Jr., Vice blayor F. Reid Ervin, George R. ]:errel], Charles kr. C, ardner, Clarence A. ltolla, nd, D. M~rray Ma]t)on, J. Cui't:i~- Payne Donald Il Rhodes, and Floyd E. Water£i eld, Jr. " , · Nays: None .~sent: None .tM Council deferred for one week tb.e above application of Bel-Aire Incorpora ~r a Use Permit to construct 506 townhouses for sale and 300 apartments, tota ing 806 units, on certain property begjm~ing at a point 725 feet more or less East of General. Booth Boulevard, said parcel is known as the Widgeon Tract, Princess Anne ]~orough.. - ITEM #5235 ^ppllcation of ~, ar,ca to i:~cl ,~,.~..,..~n Investops for a U~.~ p::.:~}.~-[; for a pecreatlenai resort ' ' ~ ~ ..... ~ ~,~uievapd. ([ [;?::P;:~;"~y Is ~c~cqt~d 1:~ ...... [, " · . Planr;i~'~. (Red '~;,', "-.' '~ ..... ~c,- ~,-..,,..~ '"~' "" ..... i:: C:~ i i 'tins arid -'* ' ..... ~.:~ =~,..~ -..,~ .... ~;;ch '~' {~ " remr;r':~,~13; Re.a} E,;,~c,... D~,,-'~,,~' ..... " , ,~ ........ * ' t ) ....i-,4~,,~t U~.)~zk'~::::ll~ Pt:J~ILI'~y';'% t-~'S , ..... ~,~,,i ~o utiI'~zcd for Fu~,,:,~,~;nt. ' -.-., ..... COl ..... [:,~.,,Si Vt: ~'cC:a:~hi:'iorta] area, Hr. Joseph A. Bement appeared on behalf of the appl:icant On motSon by Councilman Payne, seconded by Councilman gardner, and by recorded vote as fo]J. ows' -. Ayes: Counciln~en John A. Baum, Robert H. Callis, Jr., Hayor Robert'g. Cromwell, ,Tr., George R. Ferrell, Charles W. Gardner, Clarenco A. Holland, D. Murray Ha]boil, J. Curtis Pg)'ne Donald t~ Rhodes, and Floyd E Wa+ ":' Jr. Na~ · N (. n e. .",b nt · Norm (Tit:), Counci.] deFc;'rred :Col' o~te (1) wee], ll~e above ~;Pl)].:icatSon o: Sun ]nvest0rs #5236 ~" k~'~ EscaSes A~ea) Road on pro?ri':.,/ kno,:?:~ ~.,:, ..o6J ] ..... : 'c~.u. (I[~d'[~m ........ · The Plann'inq..,,.,.,m'"~'"~"tol~** r~ .......... ~ ';:!~i*-> rcoue$t, . as the proposed use is &::trl~mtal to the v!elf~:,,re of t.:~ re:'::.~ of the Mr. Robert G. Doumar appeared on behalf of the applicant. On motion by Councilman Gardner, seconded by Councilman Ferrell, and by record vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald i1. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council deferred for two (2) weeks the above application of Keith W. Overton for a Use Permit to operate games of skill and science (footsball) on certain property beginning at a point 210 feet more or less East of Macdonald Road located on the South side of Indian River Road on property known as 6661 Indian River Road. (Indian River Estates Area.). KEHPSVII,LE BOROUGIt. ITEFi #5237 r'" t,.~ ..... ~.,~ Vi'i'~,o" Area.) O;"i ?'opori:Y [:t::'~'.'~l as '1(-c°',.,, Fa'.ago~ia ~.;d~ovat~d. w~-~:~'.~... Biffs I bE '[h~ Plarn~Ing Co;;-~t~ission ~, ....... .._, d., denial of this Mr. Robert G. Doumar appeared on beh. a]_~ o~ tho applicant. On motion by Councilman Gardner, seconde~ by Councilman Fe~re11, and by reco~ vote as ~ollows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B. Cromwe Jr., Vice Hayor F. Reid Ervin, George' R'. Feyyell, Charles lV. Gardner, Clarenc A. I]ol].and, D. Muy~ay Halbon, J. Cuwtis.Payne, Donald t-t. Rhodes, and Floyd E. Water~ield, Jr. Nays: None -'-Ab s e n t: N on e City Council deferred .for two (2) weeks the above applicat:ion of ILe:ith Ove'rton for a Use Permit to oI)erate games of sLi]] and ~:;c5. ence (footsba.ll) '" l' in pro~5'3'~'"{~--~'i-]~ni]]g at a poi~l: 7b0 gee* more or ]ess Suu't]i of Oil (.C V ;t , " l[aygood Road o].t !:]]o Ea~;1 side of A'ra~,,ona }~ou].eva'l'd on property known as 1607 Aragona Boulevard.. (Aragona -V5 ]. la?,e Area) . ]:SAYS I ]}E 1TEM fl 5258 cert~'~n ~'.'o?arty 1(:,cared Sou~ ,)f:~:,';:~.:'~'~" i~'~ and cn (;~ Eas~ ~:;~¢:',~ of Dim.mhd kno?:~ as part o?' P~:rc::l B-l, S,U:;~,,t'~sic~ ot: ~'~rcel ~}, Fro~.¢:~rty c,f Chris G. Chri::topou'los and Constantine G. Ti';o~a~s by f-,atdwin nnd 6reqg, F'ebruaw 7, 1964. (Diamond Springs Area). DAYSID[ BO:tOUGH. The Planning Cor.,,mission ,,, ~,-,r,4~ ~ recc,,~ ~,-.:~ approwd of th~s request. r. Richar~t l,;heeler appeared on behalf of the applicant. Mr. Ralph Poole, representing the Diamond Springs Civic League, indicated thal the civic league is not opposed to the above application. Councilman' Holland made a motion, which was seconded by C~ouncilman Rhodes, to approve the above application of Jamaica Inn for a Use Permit for live enter- tainment on certain property located South of Haden Road ~nd on the East side OffollDiamondows: Springs (Dimnond Springs Area) Bayside. Borough. Recorded vote as Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr,, Clarence A. Holland, J. Curtis Payne, and Donald H. Rhodes. Nays' Councilmen Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. Murray Malbon, and Floyd E. Waterfield, Jr. Absent: None City Council voted against the .approval of the above application of Jaraaica Inn for a Use Permit for 1.ive entertainment on certain prope'rty located South of Haden Road and. on the East side of Diamond Springs (Diamonq Springs Area) Bays:ide Borough; therefore, the application was denied. ITEM fl5239 ApMi ~.~.:.:on of [4atador l.oung,.:, for a {ice ,r~-~"*~'t" ....... for live enuerta~n,,,::nt~"* ' on Mr. Roger Scott, City Manager, :indicated that there had been an unfavorable report from the Police Department regarding the Hatador l,ounge. Mr. William Henderson appeared on behalf o-£ the applicant. Mr. Ralph Poole, representing the I)iamond Springs Civic League, indicated that the civ~_c league is not opposed to the above application. On motion by Councilman Gardner, seconded by Counci]man Halbon, and by recorde vote as followz: >"es' Councilmen ,John A. Baum, Robert lt. Cai]Ss, Jr., Mayor Robert: B. Cromwe] r., Vice Mayor F. Reid Err:lit, Ceorge R. ]:errell, Charl. c:.-s K'. Ga's'dner, Clarence A llolJand D Murray ¢,'k)l] on, .J. (birr i:; P3vnc, Donald II. ltl}odes, and Floyd E. Nays · None Absent · Nolle (;i1:y (:c>tu}c5 I d(_,i:ied the al)ore appli(:;~-t.i~>n of' M;.t't;)do~' 1,ou}~j~e :For a rise Per,'nit I'or ) iv(~ enl'e~--t:~inmcnt o~ c(,~'t'~:n p')'c~p,.)'t:y i(::,c()l'e(I at 1.he :4o ~thv, c. stf"i~(f(~'::i':--'6i7 21TEM t!5240 Application of Virginia Gateway for a Use Permit for 50 condominium apart- ments on certain property located on the Northeast corner of 38th Street and Atlantic Avenue, running a distance of 150 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the North side of 38th Street, running a distance of 150 feet along the Eastern property line and running a distance of 150 feet along the Northern property line. Said parcel contains 22,500 square feet. VIRGINIA BEACH BOROUGtl. The Planning Commission recommends approval of this request subject to standard site plan requirements required by the Engineering Division; the motion for approval includecl the stipulation that a sidewalk is to be provided by the developer compatible in size and construction with that required of adjacent property owners on' previous applications. The motion for approval further suggests participation in school site acquisition. Mr. Thomas Broyles appeared on behalf of the applicant. On motion by Councilman Callis, seconded by Councilman Gardner, and by recorde, vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None Abstain: Vice Mayor F. Reid Ervin. City Council approved the above application of Virginia Gateway 'for a Use _l~erm~t for 50 condominium apartments on certain property located on the o~theast corner of 38th Street and Atlantic Avenue, Virginia Beach Borough; ubi~ct to ~'tandard ~e plan re~uirements as required by the Engineering .~ .......... ~ ~d by the ,Jiv~sZon subjc_t to the stipulation that a sidewalk be prov~_d,~ develot)er compatible in size and construction with that required of adjacent property owners on previous applications; approval, is further subject to the applicant's participation in school site acquisition. ITEbf #5241 Ypz, i'lcation of Stanley itov;ard for a Um',~ ,r',;::rm'it %o c!'ns'Crdct 17 apar't.~ent The Pt at;,Mnfi Cor,'i'nissio~"t rcce:',c':x~nds ai:?rSvrd of 'this request subject to st:~i,:l~:rJ sit,r, p'i~m~ rcfiulrcmenT,; as requ~t'cd b.y t~; [?.mi~eeri~q [!vision l, lr. Stanley llo'~'ard appeared on bel~alf of his. o;¢n application. On .?,orion by Councilman Callis, seconded by Vice blayor Ervin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Era;in, George R. Ferrell, Charles Iq. Gardner, Clarence A. Holland, D. t~iurray ~ialbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. lgatorfield, Jr. Nays · None osent: None City Council approved the above application of Stanley Howard for a Use Permit to construct 17 apartment units with. private boat slips on certain property beginning at a point 255 feet West of ~iediterranean Avenue, said parcel is triangular~ in shape and is known as Lots 12, 13, 14 and 15, Block 31, Plat of Shadowlawn Heights (Shadowlawn Heights Area) Virginia. Beach Borough; subject t standard site plan requirements as required by the Engineering Division; subje to waterfront construction permits being secured by the developer; subject to City water and sewer; and further subject to participation~in school site acquisition. ITEM #5242 Councilman Callis made a mot'i, on, which ~¢as seconded by Vice }~ayor Ervin, to amend the above motion approv-ing the application of Stanley Howard by specify- ing the number of private boat slips to be constructed under the use permit. Recorded vote on the amendment as follows: Ayes' Councilmen John A. Baum, Robert H. Callis, Jr., }.fayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence _a.. Holland, D. Murray Malbon, J. Curtis Payne, Donald t~. Rhodes, and Floyd E. aterfield, Jr. ,~ays: None Absent: None City Council amended the above motion by specifying the number of private boat slips to be constructed The complete motion,,with amendment, 'should read as follows: City Council approved the above application Of Stanley Howard for a Use Permit to construct 17 apartment un-its with 17 private boat slips on certain propers) beginning at a point 255 feet lfest of b~editerranean Avenue, ..said aprcel is triangular in shape and is known as Lots 12, 1.3, 14 and 15, Block 31, Plat of Shadowlawn Iteigl~ts (Shadowlawn. Ileighl:s Area) Virginia Beach Borough; subject t standard site plan requirements as required by the Engineering Division; subj¢ to waterfront construction p.e.rmits being secured by the developer; subject to City water and sewer; and further subject to participation in school site acquisit.i on. :ITEM #524.3 .... ,, ~ r' D ~C,.,-e .... · '' LYNiiItAVEil I¢(~ROLJGH. The PlanM~fi Co:~nission recon~mn&~ approval of this request for a per'iod of twelve r~on'~hs. motion by Councilman Ferrell, seconded by Councilman Halbon, and by recorde~ .~te as follows' Ayes: Councilmen John A. Baum, Robert H. CallJs, Jr., Hayor Robert B. Cromwel: Jr., Vice ~.'layor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald It. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Housing Systems, Inc. for a Use Permit to erect a 4-foot by 8-foot signboard on certain property located on the Northwest corner of Lee Highlands Drive and South Lynnhaven Road. Said parcel is currently zoned General Commercial District 2 (C-G 2). (Princess Anm Plaza Area). LYNNHAVEN BOROUGH. Approval of this request is for a period of twelve (12) months. ]TEM #5244 motion by Councilman Rhodes, seconded by Councilman Halbon, and by recorded ~te as follows: Ayes: Councilmen John A. Baum, Robert [t. Callis, Jr., Mayor Robert B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles ~V. Gardner,. Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading a transfer of $4,000. from Refuse Collection budget Code 10312-923, Expansion of Parking Lot, to code ].0312-912, Add_itions to Buildings. This building addition will be made in the Thalia yards and will .provide for more storage for working gear and a refuge for city employees a.t this location. ITEM #5245- On motion by Councilman Paync, seconded by Councilman Holland, and by recorded vote as follows' Ayes: Councilmen J'ohn A. Baum, Robert If. Call:is, Jr., Hayor Robert B. Cromwei --r..* , Vice Mayor F. ke.td' -' ][rvin, (;eot-ge, R. Ferrell, Char]es W. Gardner, Clarence l]ol]and, D. Mu:fray 'Malbon, .J. Curtis Payne, ])onald tl. Rhodes, and Floyd E. aterF:ieJd, Jr. Nays: None A!)sent: None C:ity Cou~cJ] ;,)]roved~l]. the ['olio;,,,1],,[?, ()rdin;~nce.. to amen~l and r(:~ord~:in Section 33...2 of' 1:1~e C:}.Ly Code re]al Lye to lhe :~sses..-~,~cnt and p~y]nenl: of real prol)ert,~ 1"~2'p:.:,, . ; ORDINANCE NO. AN ORDINANCE AMENDING AND REORDAINING SECTION 33-2 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE ASSESS~ENT AND PAY~[ENT OF REAL PROPERTY TAXES Requested by the City Treasurer BE IT ORDAINED BY THE COUNCIl, OF THE CITY OF VIRGINIA BEACH: That Section 33-2 of the Code of Virginia Beach, Virginia is hereby amended and reordained by adding the following sentence: "In the event Chat taxes are assessed after June lOth~ such taxes shall be. due and payable on December 5th of each year." This ordinance shall be effective from January 1, 1973.' First Reading: Second Reading: November 13, 1972 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1972. On motion by Councilman Garden. er, seco~dd~l by Cou:~ci. lm. an llolland and by recor~ vote as follows: ' ' Ayes: CouncJlmen John A. Baunl, Robert II. Callis, Jr., F,layor Robert B. Cromwe~ Jr., Vice Mayor F. ReJd Erv./n, George R. Ferrel], Cb. aries IV. Gardner, Clarence A. [tolland, D. Murray Malbon, J. Curtis Payne, Donald H. ILhodes and Floyd E }~aterfield, Jr. ' ' Nays: None ,bsent: None .city Council approved tine foil. owing Ordinance to amend and reordain Section 33-8 of the City Code relative to the imposition of personal property taxes: AN ORDINANCE TO A;',~ND AND REORr)AIN SECTION 33-8 OF THE CODE OF THE CITY OF VIRGINIA BEACtt RELATING TO %qlE iI,~OSITION OF PERSONAL PROPERTY TAX Requested by the City Treasurer BE IT ORDAINED BY THE COUNCIL OF TIlE CITY OF VIRGINIA BEACH: That Section 33-8 of the Code of the City of Virginia Beach is hereby amended and reordained by adding the following sentence: "Except when the assessment is made after June 10th, the taxes shall be due and. payable on or before the 5th day of December of the year in which the' same are assess-ed."' This ordinance shall be effective January 1, 1973. First Reading: November 13, 1972 Second Reading: Adopted by the Council of the City of Virginia Beach, Virginia on the day of -'__ _, '1972. ITEbl i!5247 On motion by Councilman Rhodes, seconded by Councilman C.,ardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert If. Callis, .Jr., Hayor Robert B. Cromwell Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Cardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald ti, Rhodes, and Floyd t!. Water£ield, Jr. Nays: Nolle ~sent: None ~ty Council approved the following Ordinance to amend and reordain Section 33-9 of the City Code relative to the penalty and interest on personal property taxes: AN ORDINANCE 'A~NDING AND REORDAINING sEcTION 33-9 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO PENALTY AND INTEREST ON PERSONAL PROPERTY TAXES Requested by the City Treasurer BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That Section 33-9 is amended and reordained to read a's follows: "In the event any payment of taxes on personal property is not paid on or before the tenth day of June of the year in which the same are assessed, there shall be added thereto a penalty of five percent of the amount of such unpaid, taxes and such taxes, and penalty shall bear interest at the rate of six percent per annum, commencing not earlier tha~n January first of the year next following that for which snch taxes are assesed." "Where the due date of personal property taxes assesed after June 10th has been fixed as of December 5th of' each year, a penalty of five percent shall be added, as of December 6th. In the event the taxes due on. December 5th on. personal property are not paid on or before the due date, then commencing on July 1st of the fol].o,~.~no year of such assessment, such taxes an(]. penalty shall bear J.nterest at the rate of six percent per annum until pa;,~. ,~." "Such penalty shall not exceed ten p.ercent of the tax' assessabl or due on such property or the sum of two dollars, whichever shall t the greater and the assessment of such penalty shall not be deemed a defense to a criminal prosecution for failing to make return of taxable property as may be required by law.". This ordinance shall be effective from January 1, 1973. First Reading: November 13, 1972 Second Reading: Adopted by the Council of the City of Virginia Beach, Virginia on the__.____ day of ' _, 1972. ITEH ~ 5248 On motion by Councilman Ferrell seconded, by Councilman Gard:ner vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., ~:J_r., Vice Hayor F. Reid ErvJ. n, George R. Ferrel] Ho/land, D. Nurray Malbon aterfield, Jr. ' Nays: None , and by record Nayor Robert B. Cromwel , Charles ]V. Gardner, Clarence J. C'urtJs Payne, Donald H. Rhodes, and Floyd E. Absent · None City Council approved the following Resolution relat~ive to amending Section 3.06 of the City Charter concerning rules of procedures and designating the date of November 27, 1972 at 2:00 p.m. as the pubilic hearing: The regular meeting of the Council of the City of Virginia Beach, Virginia, was hald in the Council Chambers of the Adminis- tration Building of the City on November 13, 19711, at 2:00 p.m. On motion by Mr. ~t~erre].l and.seconded by Mr. Gardner the following resolution was unanimously adopted: RESOLUTION WHEREAS, it is the opinion of Council that the City Manager should be given the authority to call special meetings of the Council; and THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIlE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That, Section 3.06 of the Charter of the City of Virginia Beach, Virginia, be amended by the General Assembly of Virginia to read as follows: "Section 3.06. Rules of procedures; quorum; action at meeting closed to public. The Council shall have power, subject to the provisions of this Charter, to adopt its own rules or procedure. Such rules shall pro- vide for the time and place of holding regular meetings of the Council 'which shall be not ].ess frequent than once each month. They shall also provide for the calling of special meetings by the mayor, city manager, or any ~hree members of the Council and shall prescribe the methods of giving 'notice thereof. A majority of the Council shall constitute a quorum for the transaction of business. No ordinance, reso- lution~ motioh or vote, other than motions to adjourn, to fix the time and place of ad~'iourn- ment and other motions of a purely proce~lural nature, shall be adopted by the Council except at a meeting open to.~he public." 2. That, a ,public hearing' on the proposed charter.amendme~t shall be held in the Council Chambers of the City of Virginia Beach, Virginia, at __2:00 p.m. , on November _' p~rsuant to Sect.ion 15.1-912 of the Code of Virginia of 1950, as amended. The Clerk ~s directed to gJ.ve~notice of such public hearing to be given pursuant to said S~.ct..on ]-5.1-9]2 ~t least ten days prior to s~ch hearing. On motion by (Jouncilm~n Payne, seconded vote as follows' ' Ayes' Council. men John A Be. urn, kobezt. II. Catlis, Jr., Hayor Robert B. Cromwe] .Jr., Vice Mayor F. Reid Ervin, George R. ']:errell, (~harl. es W. Cardner, Clarence A. Itolland, I). Murray Malbon, O. Curtis Payne, I)on;~ld tl Rhodes, and Floyd E ~Vaterfield, Jr. ' · Nays · None Absent' None -~-~ty Council approved the following Resolution relative to amending Section 07 of the City Charter concerning the selection and duties of the rnayor ~d vice-mayor and designating the date of November 27 1972 at 2'00 pra tile public hearing' , . . as The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administr. tion Building of the City on November 13, 1972, at 2:00 p.m. On motion by Mr. Payne and seconded by Mr. Ervin the following resolution was unanimously adopted: RESOLUTION WHEREAS, the terms of City Council have.recently been changed to conform to the state law; and WHEREAS, the. Council desires to conform the selection of mayor and vice-mayor to the present term of office of all Councilme THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGIN BEACH, VIRGINIA: ~ 1. That, Section 3.07 of the'Charter of the City of Virginia Beach, Virginia, be amended by the General Assembly of Virginia to read as follows: "Section 3.07. Selection and duties of mayor and viceZmayor. At the first meeting of the teton following a general election of councilmen, the Council shall choose by majority vote of all the members thereof one of its members to be mayor and one to be vice-mayor. Thc mayor shall presi,de over th6 meetings of the Council, ,1~,11 act ,q head of the city ~,ovetn,~nt for ccr~:.~:o~ial purposes and shall bare, such other rigi~ts and (lt~t:ic.~r; as the Council may p'z-~'~;crJ.be, in add:it, ion. t:o all t~tc rights and prS. v':i'~:,o,,,~ of cotmc-~Jn'~en oi7 t:l~e city. 'J?lle v:J.ce~mayor sh,].l .... p:~:rform t.:t~c d~t:Jes of mayor in the absence or dis;~bs"t '*-, f. · 2. That, a ptlblic hearing on the proposed charter amendment shall be held in the Council Chambers of the City of Virginia Beach, Virginia, at 2:00 p.m. _, on November 27~_1972 , pursuant to Section 15.1-912 of the COde of Virginia of 1950, as amended. The Clerk is directed to give notice of such public hearing to be given pursuant to said~Section 15.1-912 at least ten days prior to such hearing. ITEM #b250 On motion by Councilman Payne, seconded by Councilman Gar~dner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., Mayor Robe'rt B. Cromwel Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, ~. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None '--~b sent: None ~ty Council accepted the bid of Pittsburg DesMoins Steel Company in the amora of $276,450. for the construction of the 17th Street Water Tank. ITEM #5251 Mr. Grover Wright, Attorney, appeared on behalf of },Iessrs. Cohen and Mcl..eskey ,rce. A of ~the . regarding their design bid on P'~ 1 Rudee Inlet property. On motion by Councilman Rhodes, seconded by Council_man Callis, and by recorde~ vote as follows' Ayes' Councilmen John A. Baum, Robert 1I. Ca]lis, Jr., Mayor Robert B. Cromwe Jr., Vice b?ayor F. Reid ErvJn, Ccorge R. Ferre]l, Charles W. Gardner, C]arenc. A. lIo].land, I). Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd I!. W:!terfield, ,Jr. Nays: None Absent: None City Cou.nc.il accepted the design b:id by lX~e.,, is. Cohen and HcLeskey on Parcel ol7 1he l{udt:c Inlet t)rcperty r~nd j.]~dScated t:hat il~e City Cour~c:il t,~i]l >:ce 't'o J l. Tlibl tlri'r" ]Ti!lq /~5253 Counc.i]~:tp. Ilhode5 requested a report on the status of the Regional Transportat tion S~udy so that he. can apprise thc: V:irginia Beach I)cvelopment Council as to w]mtlter or not they service, s the)? have offered to assist :in this project will be utilized. City ,Manager Scott indicated that he will have a report available on this matter next week. ITEM #5254 -"n motion by Councilman Malbon, seconded by Councilman Rhodes, and by recorded ore as follows: Ayes: Councilmen ,John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwe] Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Ma]bon, J. Curtis Payne, Donald H. Rhodes and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council authorized the City Hanager to enter into a Sewer Agreement and Lease with Builders Investment Corporation covering the sFwer system in Section II of Kings Grant. ITEM #'5255 On. motion by Councilman Ferrell, seconded by Councilman Itolland, and by recor~ vote as follows: Ayes: Councilmen John A. Baum, Robert Il. CallJs, .Jr., Mayor Robert B. Cromwe' Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarenc, --- Holland, D. Murray Malbon, J. Curtis Paype, Donald tt. Rhodes, and Floyd E. aterfield, Jr. Nays: None Absent · None 'City Council endorsed Sheriff Marr's application to~.the State Co~npensation Board to determine i£ the Compensation Boayd will pay their normal share of proposed improvement, s of certain salary condSti'ons and creation of certain new positions in the Jail. ITEM ~5256 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recor vote as follows: Aves: Councilmen John A. Baum, Robert It. Callis, Jr., biayor Robert B. Cromwe 3r., Vice Mayor F. Reid Ervin, George R. Ferre]], Char]es W. Gardner, Clarenc A. lloll_and, D. blurray Halbon, J. Curtis Pa.yne, Donald Il. Rhodes, .and Floyd E. Water.field, Jr. Nays: None ~b :; el~ 1': Nollo City Council al'~proved the fo]]ow:ing Re~;olt~ti. on request:lng t]~e City of Norfolk %('} l~l]~t~ COllll~C'I-.i OIlS te ~ll'ld ['111'll ~ ' . ~..]l wat~er through a proposed water system at Timberlake Drive Hanover Drive Rosecroft Street 8" 940[ 1 6" 1000 ~ 2 8" 1000 1 Steeplechase Drive 6" 1060 2 8" 150 - Princess Anne Road Yearling Court Rockingham Court Aqueduct Court Brighton Court Hanover Court '12" 700 4" 305 4" 175 4" 365 4" 115 4" ~- 180 Steeplechase Drive 8" 110011 1 4" 4281 - 6" 2170 ' 2 8" 985 1 Hialeah Drive Dunhill Drive Paddock Lane 6" 674 Char le stov~l Drive 6" 370 Steeplechase Court Cavesson Court 210 140 Widener Court 4" 235 datod DUNBARTON, SECTION THREE, KE, MmSVILLE BOROUGH ..... ~.~.~y Corporation of Virginia Section Three, Kempsville Borough Hialeah Drive 6" 1760 2 C om.p o [; ,i to. P 1. a n - On mot:ion b), Councilman Ferrell, seconded by Councilman Gardner, and by recordc vot. e as follows: Ayes: Councilmen John A. Baum, Robert; H. Ca]lis, Jr., Mayor Robert B. Cromwel' Jr., Vice Mayor F. Reid ErvSn, George R. Ferre~l, Charles W. Gardner, Clarence A. ltolland, D. Hurray Halbert, J. Curtis Payne, Donal. d t1. Rhodes, and Floyd E. Waterfield, Jr. Nays: None A___b s e nt: None ity Counc~_l approved the following Resolution requesting the City of Norfolk ..o make connections to and furnish water through a proposed water system at Level Green Townhouses, Kempsvi]le Borough' 9~i'~L:, ';'r, ..... x~-~ ,. ..... ;, Si l'~ ].]'. , ~.n i-~'~e C~_{::l' o_,:: ~ ir;~ h~a: ]:~cagt!~ i.u.~.unc_~. ~.~.~,. ~ ~,,.';:.~- , -'~.~.~__~_~ ............... ~ .................................... 1..~,. Lt:y of ~_..g~n~-- Bea. ch~ aS the ¥,I~E~usa.~, it-: ~.s re,auest:ed by .... ~ C '~'r ' 'a request:: of t.,~..-'~ ~ l,eval,.,~"'~'..,-,:.n Cc_po:c~'kion~-,~-, to extend proppsed. . waLa~ mains ~n acc., ....... ~ ........ ~.~e exi:-~,...~.,:o contract between the City of V i rs~in.'; a Beac. i~ and t?:e C-; ty' of Norfolk, in Level Green., Townhouses, Site Ii.., in t:hc streci: a:<; ].isted be.low: Grcc-nw~y Dri"ov.. Greenv;ay Court Si:er]l. ir, g Court 4, in. 182 Street 1') A in. 175 ~ ol~ Davelopment Plan, Ail as described and shown on plans entitled "°'~ Lave]. Green Townhouses, Site I!"as -prepared~ by Talbot:_. _ , Warmers, and Assoc.~atcs, Ltd. , Engineers, Plato;ers an~ Surveyors, Virginia Beach, Virginia. v.,',~t~.',. ?-~::ai:,,. :.n.-~ii be ~-,',:-;ta!l(:cl i:,~ accorcb';ncc v,qth the ~.., City of :~<>rfo]< ar~(~ Io tl-e satisf~ction of thc I)~ rector of itv, ..... ~,(., cost 2. Tha'~t t!~ v,'>,.t~.: so ~:.'~>i;ii~! t!':~'~>u~h said r~aJ~s to consumers shall be at thc s:.trn.:~ r,'~.'~,: n,~.:.', or ];c .,', :a:tc~'. , c ~:ar;cd.. by. lh.c City of Norfolk to consumers beyond 3 %hat ali ord~:,.~,',.~ccs of t.~: C.~,.~ of DCorfo]k and all rules and regulations of thc I.)ivi~io~x o: Water Sup?? o[ said Cizy, nov: or hcrcafter adopted a~d put into effcct, rc~:'+~;.-,~,~ ..... :, to th(: i'u,-~,~?;hi:~,:~~. ~ o: v.-ater shal~, app].y to the supp]ying of water through the said prc, posect n~ain~;. .4. That tie sa~d City of Dforfclk shall be under n.o obligation to furnish more xvatcr t}tan its distr~bt~tio~i syste:n as ~2ow laid, with the pressure carried, will delivcr into sa qd ~r~a. 5~':~;, a~xd if the s:.dd SUF, plyi*~il of water shall ~ot be in accordancc with the sta.~'tda:'d service, thc said City of bJorfolk shall not be hcld responsible in any way. 5. [Fl~ai. in ~;-~tl-Jplyin~( xvater to col~surl>.ers along the said proposed m~a~s, the City of Norfolk will supt)]y t},e salTl~] On]}~ from its surpl'us supply, and thai ].n no event., ~,.~' ]1 lherc be any ob]igali, on on. the part of said City to supply x':ater to any co~lsun~ers a]o;~l lhe t.,ropo~;ed ~ains at any tinge when, .in the ju(t~e~xent of the Con:ici] of tl>e said City of Norfo].k, the sa. id City sha].l r~ot have sufficient sup?y for usc xvilhin its corporate l~n~its, or whenever the supplyh-~g of said water shall inter- ~fcre v/iih t}~c di.~char~,c of the duty oS smd CiLy to supply v:ater to its own inhabiLants. 6. Tl~at froze] arid aftcr the ~nstallation of the xvatcr mains and hydrants they shall bccolllc the propcrty of t}'ic City of Virginia lleach. Thc City of Virginia }leach shall gra~'~t to the City of ~q'orfo]k t}~e right to llse ~;tlch xna. ins and hydra:~ts for the supply.of water, and further p;ra~ts to the City of Xorfolk ready and reasm~ab].c acces~ to theni. 7. That for any fire hydrator _nsca]]ed at the requ,.~st:~of the City of Virginia }3cach, a reni'a] payment of One Hundred I)o]lars ($100. 00) a year for each hydrant shall be paid to ibc Ciiy of Norfolk. ~TJ)OY>~-:~;,;~]~;)3Y TFt}': C( ~'CI.I, o~the/Oity of Virginia ]3each, V'irginia this 5258 On motion by Councilman Payne, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Call is, Jr., Hayor Robert B. Cromwel . VSce Hayor F Reid Erv~n, George R Ferrell, Char]es W. Gardner, Clarence Jr , · · A. tlolland, D. Hurray Halbon, J. Curtis Payne, Donald Ii. Rhodes, and Floyd E. Waterfield, Jr. Nays: None bsent: N~ne City Council reappointed Hr. R. Lee Carey to the Personnel Board for a term of three (3) years beginning November 1, 1972 and expiring October 31, 1975. ITEM #5259 After a lengthy discussion by and with: The ttonorable A. Joseph Canada, Attorney The ttonorable Owen B. Pickett, Attorney Mr. Chewning, Engineer Mr. John Potter, Designer of Erosion Device Who set forth the attributes of the device designed by Mr. John Potter for the purpose of enhancing the build-up of sand on oceanfront beaches which Mr. Potter proposed to in. stall in the ocean in the vicinity of lgth Street, Virginia Beach, and for which lengthy study was made by various City Departments and agencies. City Councilmen were particularly concerned in protecting the interests --- of the City regarding the depletion of sand from o.n~ area of the beach to supplement that of the test area. Mr. Potter's attorneys assured the Council that the proposed contract contained protective clauses for the City. Note was made that the City Staff and. the Steering Committee for Beach ErosSon and Rudee Inlet did not recommend the device. It appeared to the City Council that as long as the interests of the City were protected and no expense would be ~incurred by the CSty, unless the device' did prove satisfactory, that Mr. Potter should be given an opportunity to prove the value of the unit. On motion by Councilman ?4albon, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Hayor Robert B. Cromwell, Jr., George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Pa-yne, and Floyd E. Waterfield, Jr. Nays: Councilmen John A. Baum,' Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, and Donald t[. Rhodes. Absent: None City Council accepted the con~.ract as _it was des.igned by the CSty --" Attorney, the Ci[y Sta:t':f and ~he Attorneys for John Pot't:er wilh Shoreline !]-roz;lo~ ControJ Corporat:[o~l. Mayor Cromwell reicrred:, the complaint, of Hr. E. Spencer Wise regarding the trespassing by city employees and eq~it~ment on private property to Mr. Roger Scott., City Manager for Ad]ninislrat~vc ~ · (COUNCILMAN J. CURTIS PAYNI! I,[!}:;'I' T!~t: (.Ob:~LIL CIIAMiIERS) ITEM fi 5261 ice Mayor Ervin made a motion, which was seconded by Counci[Lman Baum, that ~the City of Virginia Beach at the direction of City Council, withdraw an application for the dredging of Pleasure House and Crab Creeks now pending before the Norfolk I)istrict, Corps of Engineers and described, in their Public Notice 72-'41 dated October 17, 1972. City Manager Scott indicated that the staff's recommendation requested that the application for dredging of Pleasure House and Crab Creeks pending before the Army Corps of Engineers not be withdrawn. The following appeared in opposition to the dredging of Pleasure House and Crab Creeks: Mrs. Barbara Racine Mrs. W. R. Miller Mr. Ralph Poole, representing the Council of Civic Organizations Mr. F. B. Clark Mr. Woodruff -"~e following appeared in favor of the dredging of Pleasure }louse and Crab reeks: Mr. E. M. Davis, representing I) & M Marina Mr. Paul W. Kirk, Jr., a marine biologist Mr. Tony Pugh Mr. F. Wayne McLeskey Councilman Rhodes made a substitute motion, which was seconded by Councilman Ferrell, to table conside'ration of the revocation of.the application for said dredging. When questioned by Mayor Cromwell, City Attorney Bimson ruled that the substitute motion became, the main motion and. Should be voted upon as suc]~ Recorded vote on the substit, ute motion as follows: Ayes: Mayor Robert B. Cromwell, Jr., Councilmen George R. Ferrell, Clarence A. Holland, D. Hurray Malbon, Donr~ld H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Erx and Charles W. Gardner. Absent: Council. man J. Curtis Pa. yne. City Council tabled consideration of the revocation of the application for dredging of Pleasure }louse and Crab Creeks now Dendi]~g before the Norfolk ~istrict, Corps of Eng:ineers and described in t,J~e~r Public Notice 72-41 date, ctober 17, 1972.. ITtit! !~5262 On motion by Councilman Rhodes, seconded by Councilman ltolland, :~ltd by recorded vote as follows' Ayes: Councilmen John A. Baum, Robert H. CallSs, Jr. , ~4ayor Robert B, Cromwell Jr., Vice Mayor F. Reid Er¥i.n, George R. Ferrel. 1, Charles W. Gazdner, Clarence A. llolland, D. Murray Malbon, Donald It. Rhodes, and Floyd E. l~'aterfield, Jr. Nays: None ..~bsent: Councilman J. Curtis Payne. ity .Council noted its intention to hold a closed meeting on November 20, 1972: ~or the purpose of discussing items permitted for discussion under the Freedom of Information Act of the CommonwealtI~ of Virginia. ITEM #5263 On motion by Councilman Rhodes, seconded, by Councilman Holland, the meeting adj 9u~rned · Richard J-?~t~ebbon, 'F y Cle~ Robert B. Cromw6-11, Jr. , H~ayor City of Virginia Beach, Virginia November 13, 1972 November 20, 1972 '-"he regt.~lar meeting of the Cot.mci] of the City of Virgin:ia Beach Virginio ,~as hc]d iff the Council~''~,ham,~ers~ Jn the Adm:inistration' Building,'~n the ;orouf,fl~ of Princess Anise, on Honday, November 20, 1972. The invocation was g:iv'en by Reverend Forrest l'fells, United Church o:£ Christ Virginia Beach, VJ'rginJ. a. ' Councilmen present' John A. Baum, Robert H. Callis, ,Ir., Mayor Robert B. Cromwell, Jr , Vice Hayor F Reid Erv:i.n, George R F ~ - · · . ,er~e].]., Char]es W. Gardner, Cia. fence A. ttolland, D. Hurray Hall)on, J. Curt:is Payne, Donald II. Rhodes, and. Floyd E. l~raterfield, Jr. '-" ITEb~ #5264 On motion by Councilman Rhodes, seconded by Councilman Waterfield., and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., F.]avor Robert B. Cromwell, .Jr., Vice Mayor J~'. Reid Ervin, George R. Ferrel~, Charles kr. Gardner, Clarence A. Itoll~]nd, D. b~Iurray Mslbon, J. Curtis Payne, Donald II. Rhodes, and Floyd E. Ifaterfield, Jr. Ca. ys · None Absent: None City Council approved the Hinutes of the Regular Heeting of November 6, 1972, and the reading o£ said Hinutes dispensed, with inasmuch as each Councilman · had a copy of the subject bJinutes before him. ITE~ tt5265 On motion by Counci]man Gardner, seconded by Councilman Ferrell, and by recorded vote as follows' Ayes: Counci]men ,John A. Batnn, Robert II. Call. is, Jr., ~ayor Robert B. Cromwell, Jr , Vice blayor 1; Reid Ervin, George R Ferrell, Charl.s W Gardner, Clarence A. Ilo]land, D. Hurray Halt)on, J. Curtis Payne, Donald If. Rhodes, and Floyd E. Wa'terfield, Jr. Nays: None Absent' None C:ity Council approved the Minutes of the Regular bieeting of November 1i3, 1972, ~:nd the reading of said M:i~utes dispensed w:ith inasmuch as each Counc-i].:na~ ~ad a copy of the sul)jcct r4:inutes before hi~,. II'lit'l # 5.,_'766 b4r. J. R. blcK¢~nry, Attorney, apl~eared before City (Jounc.4_] in the matter of . ~e estab]ish~ent of a ['t~blic l)e/'eider, an ofi75ce :in~tituted under the LEAA ro~,.r'~r~ and sanctioned by the G~'.nera]. 2ksse~:~bly a~-;d desj;:;ned to provide suit- ..bl.e and adeqt.~ate leg~], aid to persons f]nancial]y un~b].e to expend funds for le~al services. The ab-il~ty of the porson oY ]~}oI'sons served to pay for these services will be deter~ined by tl~e Pt~blic I)efender. The est~.:~btish~ent of thi~ pos:it~on ~vi]]. require s;~nct~on by the City (;otu~cil to ~ssun:e federal-st;~te fund:i, na. b.'ir. Peter T. Le~ler, present Assi~:tant City Attorney, wns .i:~ttroduce[ as the new Public Defender. Scott TyJ. er, t'nteriloven~ment~l Coordin~tor ,,~'~s desif~nated to a.';si~;t the Pt~blic 1-)efemler on be]~lf of t]~e City bl~na~e.~:~?'s O£.fYJce. ITE}~,t #5267 On motion by Councilman Ferrel_t,' seconded by Coun. cil~an l~'ate'r'field, and by recorded vote as fol. lo~.~s' Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr. Crom~,~e11, ~Jr., Vice ~'~ayor I:. Reid Ervin, George R.. Ferre]l, Charl. es W. Gardner, Clarence A. ttolland, D. ~,lurray ~&ilbon, J. Curtis Payne, Donald tt. Rhodes, and Floyd None d~sent- None City Council adopted the following Resolution: R E S O L U T I O N I'IIt'EREAS, on Augus-t 14, 1972, two suspects robbed Polen's Market in tl~e .City of Norfolk and inflicted fatal wounds to the operator thereof and fled, and WHEREAS, in the early morning of the next day, Patrolman Sta~tiey F. Bennett, of the Virginia Beach Police Division, observed the two suspects within the City limits of Virginia Beach, receiving t~eir descriptions by broad[~ast information and WHEREAS, Patrolman Bennett, ~ithout hesitation or con~ern'for his personal safety, promptly, apprehended the two suspects, and WHE!~AS~ on October 26, 1972, Patrolma~ Bennctt~ while off-duty, but in an unmarked police car transporting his K-9 dog to the Veterina- ri.a~, received a radio dispatch of a robbery at thc Peoples Bank Virginia Beach, a~d }'tHEREAS, Patrolman Bennett promptly pulled lxis vehicle to the side of the Virginia Beach-Norfolk Expressway and observed the traffic. west-bound, and W}IEId1AS, shortly thereafter, the three suspects were observed and Patrotma~ Bennett gave chase at high speed and apprehended the three heavily armed suspects without injuries or exchange of gun fire and recovered all money taken in the robbery, and ~'[}~EREAS, for his actions i~ the first instance Pat~'olman Bennet'~ received a lctter o~ com~end,atJon, from Chief Claude J. Staylor, Jr. t]~e Norfolk Police Dcpart-ment, a~d for t~is actions in the second in~ta~ce lel~ters of co~:~',~enclat~o~'~ ~,;ere r-.cc~ved by atro].man B~.nnett "~'ion from Hr. I, Pa'L~-;i. ck Gray, III, a~d l:he V.L~oi.~t:i_a Beacl~ Po~lice NO;'/, THEPd~FORE, BE IT P~[;.OL\'[;D'S r. , that the Couacil of the City of ; Virginia Beach t 7. . a~,es pleasuz'e in ~ex'tend~ng its praise and app'~ec~.at~on-" ' to Patrolman Sta~ley F. Bem~ett for his unque.~;tioned bravery, heroic actions ai~d devot, ion to duty for the above described insta~ces. BE. IT FURTHER RESOLVED, that the City Clerk is directed to spread a copy of this Resolution on the minutes of this day~.s meeting. Adopted November 20, 1.972 l',lay' o r P, R () C t. A M A. T I C) N WIII,.',NEAS~ Key Club :['.:; an :i.nt(~rna. t:i. ona]_ servi.ce ~-o~ hJ.9]l school 'boy~ ~n -the Ninth t;h:~:ougJ~, twelft, h gr,:~des spo:~so~ed by K:i.wanJs Inten:xl.:i. onal~ w:i-t,h clttbs in 'the Uni'l. ed S'ta-tes~ Canada and the Bahamas; and W[]Ii;REAS, the Ci'ty o2( Virgir)ia I%each has seve~ Key Clnbs sponso]:ed by tho Kiwanis C].ub of Hidtown~ Nor:Co]i<, Nor.folk-Princess Anne, and Virginia BeE. cb, with a membersl:lp totaling approximately 200; and W}-IERI~AS~ the.puzpose e:f %his c].ub J.s ~o c. ncot~rage leadership qualities in young men whirr wil-i prepare them for a role in 1:Ne business community} and W}IEN}i,iAS~ November 26~ through December 2~ 1972~ bas been desLgna%ed as KEY CLUB WEEK -to be obse~x~ed by ~:he various Key Clubs {tlrougholt% the na-tion} and NOW~ Tt{PN~EFOR}3~ ~ Robert: }~. Cromwell~ .Ir. ~ b'layer of the City of Virginia t3each~ Virginia~ do hereby proclaim November %hrottgh December 2~ 1972~ KEY CLUB WEEK in Virg.i.nit~ Beach and urge ouz ci.'tizens to pay tr:Lbul:e to 1. he membe:c~ of the Key Clubs located in our area and -to encet~rage the pt~rsu:Lt their obl}ectives. Oiven under my hand and seal this 20th day of November~ 1972. TIIE C]TY MANA(it!R PR?iSI~NTEI~ I(ECO?,I?,'i[iNI'b'\TI()NS TO ]I1]~ Cf'JT C()UN('.[L ]4]~(]ARD COXT]'¢O],, AND lhE(];II1,A'flON el: i:(~()'I'SI~AI,L t~AI.~I,ORS, TII]:RE1;()I?,L~, C(~UNCIL Ti]EIR ])IiS'IILI~ 'J'O DI~FI~R (:ONS!D!~JtATION O1: (;?ANT]IN(; USE t'Ell;..tT']'S FOR TIII~ OF FOOTSbAI,], C;AHIiS tINT[I, TIlE STAFF R!~CO:,[~,Ii!NDATION COULD BI! READ AND ~t,], P]~ItS()NS ATTIiND];'4(] 'rile (]OUNCI], MI~t('J']N~; ll];~(;AIID~N(; TI!E SUI.~,]I~CT AI~PL [)Il [Jgl] PI(R?IITS wile INI)ICAT.121)T1JEY lfOJlLl) BE [JNA]~J,E TO RIi3'il]LN PflHiN R]~ BROIIt;I~T UP ACA]N, ?.,'E]d~ AI, LOWEI) '1'O AI)I)RESS CO[:NCIL Ri~CAtiD]NG TJIIiIR C.i oR SUPI~ORT el; THE FOOTSBAI,L Ot"EI~ATIONS IN TtlI~]R Al-tEA. iI TE~4 1~5270 Nr. G]ep. HcClanan, representjn_p, t. he Hini-Mal] Herchants Association, :ir:;:: that he would be present whe~ 'd~e above application comes back before Co for their consideration. The following perso~:s, unable to attend the Council Heeting when this ---'eturns, apl:eared in opposition to the above applicati, or~' Mrs. June Engel Mrs. Sue ftarper Hrs. E]enor Sasser Mr. William H. Engel On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by re~:,~, vote as fei. lows: Ayes: Councilmen J'o.hn A. Baum, Robert ]-l. Callis, J'r., Mayor Robert B. Cromwell, J-r., Vice Hayor F. Reid Erv:in, George R. Ferrell, Charles tx. Gardner, Clarence A. Ilo[land, D. Hurray Ma]bon, J. Curtis Payne, Donald It. Rhodes, and Floyd E. Waterfieid, Jr. Nays · None Absent · None City Council deferred :for one (]) week the above application of John Fr~t,: :for a Use Permit to operate games of skill and sc:i. ence (footsbal].) on ce. 1)rot.~er'~TT°[:'~i-iT~:~l on the IVest sSde o:C Sout]] Lynnha~.en Road J.]~ property 1: as the Hini Hail, Pr:incess Anne Plaza Area) Lyn]:l::ave]: Borough. the above al~p~:icat:ion. The fol].owi'~,~,~ F, crsons, unable to attend tt~c CouncS] ..... u<.cc].n~' . ~¢hen thSs matter returns, appeared ~n oppos~t;io,~ ~,.~ thc a[ove application: om]th, Plaz'a CivSc League ~,liss Su::u~ Mowbrey M-r. Scott ~",l]]]_c]' ~'ppeared 5n favor o:£ t]~c ~bovo app~icat:io~i, On mc)tio:a by (lo'unci]man Fcrrcl]., secopded by Cottnci]maii Gardnc]", and by record( VO'LO aS ;t701] OV:.S; ' /es Counc:ilracn John A. Baum, Robert It. Ca]7t:is, Jr;, Hayor ],obc,~t B. roxn.:e~l, Jr., Vice Hayor F. Nc:id Eyvin, gcor~c R. l:cr;c]]., Charles .,ardt~er, Clarence A. ltolland, l). Murray Maabon, J. Curtis Pa)'nc, DOnald It. Rhodes, at~d F].oyd Ii. IVaterfic]d, Jr. Nays · None Absent · Nonc. City Council dc:ferre, d for a perSod of OhO (]) week the above applicati_o:n of llappy t]ot 1)o?;s, Inc. for a Uso Pc2-]-~it to operate ~ames o:[ sk:ill and science (footsbat]) on certain prol)~T~ST---i{'d'i.i)"lifnin? at a 'point: ]50 feet more or less Nest: of Pla;:a Trail (Princess Anne ]~]aza Area) ]i,y~,~l oven Borough ' I ~'"' off whici': 2490 i"r;,~'~-~;ore or 'les,- is ~.~.c i.ltn-i:h ~'ide el: D ..... l.!nck m-~:- ruuninq disi.ance oF S40 feel alai~g the L:~s'[ern prx~i;:;:rk:/ line a~',d r~inning a d-is'Lance ...... _, ,:.~,~. fungi ng a distan of 1400 feet more or less along tlua lY}s''~''''.Lt property lin~,. Said l:arce't for .... ~, FrOpose I 300 ai;artmon'Ls ................ poni n'i~,~' ]~.'~oo acres aiid the tint'.tel fo~ ..... ~u:-~ F/"~ol}r)"- ~.d .... 506 towntx~u~;es .... co~,t:'i~s 40.80 acres Said p~rce'l is known a.s tl~e l,,~'"iageori l"roci:, The Planning Commiss'ior~ reconw.,ends approval of this request subject to a reduction in de~lsity to 'iS apartments and 10 'Lownhouses per acre with Li'}e sLipulation 'L!pt those lands 'lyil~g be!ow l:he 5' con[:o~r r~:main undeve!oped. Standard site plan review is required by the [infi'ir~eering Division; City water a~Id sewer is required by the lleal ti'~ [kp3Y'i;i,ioilt alld the mot'iot~ for approval 'Further sugfiesi:.s Farticipadol~ in school site acquisition. 'lhe RecreaLion L]?partmeni; recenmends i;h~t 15% o-[ i.h? si te or 'i0 acres be deveioped -i:'<~r recrea C'Jon ar!d' open space. !',h'. (;rover h'i'JLht appeared on be}~x]f o£ the applicant. motion by Counc~ 1man I~aum, seconded by Counci.]man Gardner, and vot. e as follo',,,s' .Ayes: Counc:ilmen John A. }~aum, Robert II. CallSs, J'r., Mayor Rober! Cromwell, Jr'., VScc b!uyor F. Reid Er~,'in, George 1<. Fer.rel], C.h. arl(:.. qardner, (~larcnce A. }lol].mnd~ D. Murray lqalNon, J. (]urtis t-~ayne, J) . I. khodos, and Floyd E. Waterfield, Na/s · None Absent: None City Council approved the application of Be]-Airc: Incorporated for I~c?'n~'J_t to cons i:ruct 421 townhouses For sale and 232 apartments, to7 'd'!TiT-~'its, on. certain property beginn:ing at a po:int 725 :feet more l~ast of Cener31 Booth Boulevard, and running a d~stance of 2890 ~ec~- or Jess along the Soul!om property line of whic]x 7490 feet more o'~' :is the Nov'tN side of ])am Neck Road, ]'unn:in.R ;~ d:Lst:,nce of 840 feet :. t]~c t~astern p]'operty line and running- a distance of 2645 feet more ol. ortS the Northern t~rope'rty line and running a distance o.f' t. 400 or less olong the Western property line. Said pzrcel is known as Wi~Igeon Tract, PrJnc. ess Anne Borough. Approval Js subject to a water r~nd drainage rtighl: o[ way easement boinp, gra:ntcd, as shown t')rutin~:i, nary s:ite l)]a~, w:it], a m:tnimum 70--t;oot width from the c:sn:~l line t]c1~innin2 at: gener,:~l BootI~ Bot~levo)'(]; subject to sta:nda:rd sit,, rev:iow as requi'red by l:1~e I~ng, incc:rjn2, Di_vis:ion; subject to City sewer as refluired b/ the Ileall:h l)ep:~rtm,.~nt.; sul)jcct to t]~o t)a'rt:_ici pat :i(~n in school site a. cqn:i sJ t ion and :[u'rl'l~or subject to ] E s i to or 1 0 acre::; bcJ. ng developed For recrention ?ltd open :;p:]ce by thc Roc:rea[ :i on l}(~po'rt.]u(,Flt. If a StOl)] ip. ht is ?'(,q~]Jrocl~ duo ~o~;cd (levetol)];',c]~Li ~t: sha!l l'~e :~]~51:a]l(:'.d at: tl~e expense of t]ie ~x a y !.; ' N o n o Ahsta:in' V:icc; Za)'or F . . ~,c: :i d ~:()7' (t I'CCFC~:I i ~ (~;tl;:t~ i;'('S, OF'[; 3]"(~;t tO ;~]]C']tlO'(' 8. :')50- ti]'l;i t TC'C'F~d L._I ('~I[3'J' "' ~ ' _ C/.Tq])';~FOi1TId more or lc..;:: a:lor, p.., 'Linc .... l:ant(:::r]i ]>ro'pc~rly. . line of.. wi:ich 430 feoL J.s tl':o, l?~st s:i(lc o:[ Oceans :~c, ulovar:. ~;~:'i(l. r)rc~Do'rl:v is local:cd North o:[ 'Lhc }iloctr~c an( ]'o,:cr: Co:Pl*?rly ~:,i,.lli: o:[ L:n)' and co]l'/:3J]:s 104.02 acres :Jar's w:i. th . " " ' ': .... i:lab:le i_n the ()l:':j(~: of thc: ])epat't::~::,~t: o:C C:it), .... jc(:t to lbo ':ro]ate(l fac~]:ii:ios and r-elated uses he~n~,~, devc~lopcd. .: tile samc ti]:~o ~s 'l"l')e cai~]~.i;]-oti:Rcl is i,v,t:~ lab lC :['of oCCU!}aT~c)'; :;trials, rd ~':te "'-'"" ...... : ......c ...... [,)' '' c ' ' j,.,_,, r..qtt~r,.:..,_¢~,.:, ~:f; 'rcHt~:~ J. cct c~ ]::~l~:i]'~o~r] nt,,, ])i'v]_<J. oil ::,~l)jcct to a dedication o'f: r:igl-,t of' wsy 41; feet t, rom ti~e center" :tine of the ex:isting SO-:foot right oF way a:long thc 430--foot ::ore or Jess f'¢onl; Rc on (')CC(I]:lt Boulevard (a 20-Foot d(?dict;~t:io]l) ~,:: rcqu:i]'cd by t])c Relt]. Division; subject to City water and sewer as required by thc lleali:h men-t and COml)liance w:ith State Law on overn:igh't camt)groun<:ls. Approval :is further subjcct to 8~ of thc a're;~ devoted to cam )si ta-~; bCillO utilized for I)CrNlflllOllt. COJIiLIC]] active/passive rccreat:ional .area, If a st:op~:i_Rht o'r'. stack- :lng ]aries are required, duc to the propo:.~cd, developr~ent, both shall be insta]].ed at the expense of thc Ayes Cot~nc:iLmen John A/ Baum~ Rc;13e'rt'. 1I. Ca. llf s Jr , Mayo]' ' ' (]romwelJ, Jr , Vice ~,lav'or 1.' Reid ]:~'r'vftn, (;c:o~:'~,c.. ,, Fe'rrel], Char]cs Gardner, Clarence A. 1io'I 'I (~r}¢l, t). x ...... . ,u~2~,) ~,ia~t~o'n, J Curt:i~, l~aync, Donald Il. Rhodes, and ];loyd E. ?faterfield, Nays: NoI1c Ab s e n l: · N o ~ c '-'il'y Council approved the above application of Virqin[a Beach . :)r a Chanj.le of %onin? from One Family Residence DLstrJct (R-l) to related faci].:it:ies on certs:in ~fir]~i'rT',T-'~eginnin. g, at a point 55 fee't Bal'tJc Avenue snd runnin2 a distance oF 75 feet along the South side of WJnston-g~]em Avenue', sa~d, Lots are known as l,ot,-.~ 16, 17, and IS, Block 48, blap of St~ore Acres, Hap ~)ook 7, . ~ page 137 (Rudeo In2eh-Shorc Acres Area) Virgin ' ~' . . ; ~ Beach Boro~sh ::.ut)jeer to a dedication of ,'Jght of way 50 feet from the center .[:]ne of the ex:isting 50-foot right o:f way along t:he 75--foot more or ]ess frontage on l?inston-gn]cm Avenue (S-foot dedic~tion) as requeste by thc Real Estate l)ivision; subject to s'i:andard site plan z'cquir'ements ~:r~d wator-tfrolit c. )1~:, C ' ,, _ ., . '~' ~'tru tion 10errants bein? secured by tine develcpe~' n,; required by the }h~gJ. neer~n?. Division; further s~bject to City water and se,,..~er and comp]lance with State Law on marinas as requircd by the llealth 1 ar tment. ::~1~ ~,.~ct:: to (7 re( (~ curbs ! ']'liM fi S 2 7 ,ri ...... :;. (J:7:~';'r' ti :i: 'i - ~ ::'{? ~ ..'i ,..F ' .. s,:.. ..... ~M).;()r' (72-o;~'a.,;el] indica, tcd *]~a'[: hc had ]'ccc-ired a ]~ti:er fro~.~ r,.~, Owen. t':icket~ refll~osl::~.n? t:] ~!l' tim above ~pl)]i al-ic)n bcc, c f'cL']'cd (~ic (1) ~ - ~ - ' " ~1 r J E dw a r d ~' · · .,~uTns a'ppearod ~11 o])pos:it~oi] to the above On n)ot:ion ])y C:ou]]cJ]man t[olland seconded by Councilman Garuncr., and by vocordod vote as ~ol]ows' ' ' Ayes' Counc:i_.]n:en John A. ~aum, Robert It. Caliis, J'r., H~yo~- Rob(:,v~ Cromwell, .lt., Vice ~layo-r F'. Reid Err:in, (;coroe R Fe]'rell~ Char_les (ia:triller, C~la]'encc~ A llolland, 1) t' -- o . ' · ~,ltll"ra)~ ~.ia]bon, ,). Cllr"t:iS POyT~O, l)on;lid 1I. Rhodes, al~d F.l. oyd li. tVater:f:icl, d, J)-. ~)'s: None vote' as J-o]](~'":",.;" Ayes: (]ouncil. n~.e:~. Jol~n A. ]?,a~np,, Jlo]-,ert: It. (];q]lis, Jr., ~a),o'r f~obc~rt g. G:]rd]ter, (]]atonce A. I]ol]and, ]). Murray ~4aJ. l.:on, J. Curtis Paync, ])o:~a].d 11. Id:odes, and Floyd E, t'<a::erf~:~]d~ Jr. Nays · None Abse~t · None (:'ltl, Council apl?roved %}~e above application of the C~tv., of Vi']'pin:ia .... visi ot~ otT Pt]b]ic []ti].:i. ties, for a Use Per~r~it to cot~st-Jzuct tg si. at:ion on c:er'tain prope'rty ]oc:atod ;~[ the Northwust c:crnc::r of' '~d Northt~mpton bou]cvard~ :ttunn~a~p a d' ~'~ ...... 6 i3 fee side of ],ake ])r:ivo, rtmr~:in~ a distance of 5] .02 :Feet a]on~ thc:: l',~c.s'{ side of No'rib. ampi:on Bo~:l evard ,. _. runnin~ :] .... d:i~t:,~nc_, o:[ 26 feel: alo]',~,e, the Northern pro})ertv, line and runn:i.~-..~, a d. Jstal]ce of :)0 feet aJonp, the ?.~os".ern pro~:l. .~,v, ].ine, (Bradford Te-rrace-(:he:~al)eake ]:~each Area) BaysJde t3orough; subject to standard site plan review as requJ'red by t]~e Eng2neer~ng ITI!!,I ft!5278 vo'tc n:~ Croxnve]!, ,I~'., VJcc 5i~;),(~r }:. Reid }:~rv'i~, (;eor?,e IL. t,'erre]l~. Char]es ]d~oclcs,' a~d F]oyd 1.~. i',::tt:crf:ield, Nays · No~o Al) sent' Yone (TJty Cc)t~ncJl a?provcd the above al','.pIicatSou of tho City oJ' ViYgin[a Btu. ch, Dcpartmext oF ]'a~:'!cs and i~ecrc'a'tior:, -fo-r a [Is4o Pea'mit i.o ol~e~'nte a pa~'k ou Cove Drive, 'm~n~in?. ~ distance of' 183 .14 -f'eut a'!o~',S thc l'~'est side of' Pa~rl.:s2de t.,,ncc,, of' :, . . o('.,., al.o~?, t}'o Nort.]~ern l~rOl')crty ]_;no, ].15 f'cct i:~ lt-:e East side of [',l~t]'lint, (]o'..~rt, aiid ]"unning a (li.-'i. anc:c of 4SI~ fp"l' alond, -i'bc. Soul:hcr]~ proF. u~-t), ] iuc~ ([.:~;~'rcl. Cc, v~. Area) J,v~ll~;~t,.'cn 2oro~gh. 2 ' r. Robert Steenstreet ap])ca~'od on beha] I' o1: t]~e ;tjq~]'icant. .... ,n motion by Vice Mayor Ervin, seconded by Counci_!man Malbon, and b? Yecorded voi:e as fol]ows' Ayes- Councilmen John A. Baum, Robert ti. Call. is, Jr., Mayor Robert B. Crom-wcl], Jr., Vice Mayor F. Reid Ervin, Gcor.e R Ferrell, Cha~']es IV Gardner, Clarence A. Itolland, l). t..1urray Mall)on, J. Curtis Payne, Donald Il. Rhodes, and Floyd E. Wa. terfield, Jr. Nays · None Absent · None City CouncJ.] al)proved the above appl. ication of Lotta and Free, T/A Red Baron Inn for a Use Permi't. for dancJn~ and live enterta:inment on cert-,-:n property located ) -7 ...... ,-~ ...... ~.-, . cn t.ho iNorcnc, a~t corr~or of First Co]onia] Road and H:ich:igan A'venuc, said pa'rccl is k"now~ as 256 ]':irs't- Colonial l~oa(l, (Ocoal~a Area) Lynnhavcn Boroughi;subject to the s't:ipulation that tl~ts perm:it 5s not l:o :i. nclude topless or "go-?o".. or other nude enter'ta:inment as t. his would inval' 'z(,~t.e' tho Use Permit Ayes: Council. men John A. ]~a~.uu, Roi)err- Il. CallS. s, Jr., P, ayor Robert Crorawel], Jr., (;eo'trgc R. Forte,]], (]hat]es l'f. t',;~r-dnor, C]arenc:e A. Ilo]]and, D. Murray bialbon, J. Cu.rfis Payne, l)c,t~a..]d 1t. Rhodes, and None Absent' V~ce Mayor F. Reid Ervin. (].ity Council apt:)roved the above ai~p].:ication of RSver I~:oods Apartments for a Use Permit to erect a 5--foot by 6-foot double-faced signboard on ccrt::in '-':']~~;--~Tbcated at the Northv:est inter~:~ec'tJon of Great Nec]( Road and Old re:~t Neck Road. Said pro]~(-rl;v ~s curF(:l]tlY zo~cd l,~m~l-r':d (~r:~mOrc'inl N~strir't (C---I, 3), (I,ondon ]';.ridge S}]Ol3'p;Lllg Center Area) I,ym'~haven i3oroullh. (VICE HAYOR ERVIN RETURNED TO TIlE COIINCT[L CttAMBERS) ITEM # 5281 On motion by Counci]man Ferrell, seconded by Councilman Gardner, and by recorded vote as £ollows' Ayes: (]ouncilmen J'ohn A. Baum, Robert ]{. Callis, Jr., Hayor Robert B. Cromwell, ,Ir., \;~ce Mayor F. Reid Ervin, George Gardner, Clarence A. ltolland, O. Hurray Malbon, .]. Curtis Pa'yne, Donald ti. Rhodes, and Floyd E. WaterfJeld, Nays · None Absent · None City Counc]l ap'proved on seccmd reading the follow:lng Ordinance to amend ~nd reordain Sect:Jolt 35-2 of the C:ity (7ode relative to the assessment and payment ~:~ rea] property, ta:::es: November 1.5, 1972 November 20, 1972 Adopted by the Council of:. the c:~Ly of on the 20th ' ~ u,:.y of November , I?OCOt?( c (1 VOle a.% 1'0] lOWS · Na}~s: Nono Absent: None City Council approved o~ second roac:lS]tq 1:he rcordain Section .!,.:5-8 of tho {ii't)' Codo roll ]~'roperty. taxe''~: 2 h.L,~ o...t_.l..'Lc:e -.b", t 1 .... ~,.,,--t ., ,:, ........... . ...... i. 973 FJ_:cse' h~:?i.ui:i~: November 13, 1972 No'vember 20, _]972 <. iN a ? s · N o n e Absent: None ~1 in:~ Ord.]-', (::i.t.'); Council_ apl) roved on secm~d 're,~d~nt: :lot,,~ ~, ,,,ncc I:o amend ~i'['l '7{ +',. ~3 (:C. L'].O:] .->.-,-. ~ ....t ..~ ...... ~.(.. ' :tOt p,:t.L,..~ 07~ Or hCt f"r~,- :, t]:'~O (.~-::~[: '. -: P ........ e ~ ~ o:: '{:[l~e ~' "'"'~ su(:b tab:es ::::] pe;t:.:][:y shn]]_ perc'.::.::: per ai;:}.um~ c:o;':::::::tein[: :'lot '~ ..... :7o]_ ].c:::~i r:S th::~ t :h'.'iN::re ~::~:,.. (']Ne ,..,,'~,:~ i':c o:: . .c: . ti ,:;.l::.,..[ ~>: ~.:ded l.i ....5 C, op.s:idc-ratJon o:[ a proposed Ord' ~' _ ~ 1],,l~ce to [i}ncy~d al~d reordain Sect. 5o~ ]6-]c) ef the C-i'tv Code ~:c:l.~:ttive '[o 1-1~c I')~i'~"~n~: oF t:~,,:,l'i ]eave~ twi~:, ('t.lt'tJ_:~s ~_]~d :{:a]l(::n t)r'~nch~: ~:as defeirod for '[:} i':'ty (50) days. ITEH ff5285 n mot. ion by Counc:ilman 1)&~yno, seconded by Col~ncilman P{aterfi. otd, and by ocorded 'vote as follows: Ayes: (]ot]nci]men ,John A. Baum, Robert ]{. (la]lis, Jr., ~ayox Robert B Cromwell, ,Ir., Vice Mayor F. Re:i.d Ervin, George R. Ferretl, Charles W. . . v J CurtS< Pa:ne, Donald (]ardncr, Claroncc A Holland, 1) Murray ~a. lbon~ . ,, H. Rhodes, and Floyd E. I.g'aterJ:i. eld~ Nays · None Absent · None City CouncS. 1 approved the fo.llowjn,p, :~pp]5_cat.io~s for tax refunds in the 'amount of $567.87.: .i 5287 n mot](~,, by Co~lnci ~man f:~l-~o~Ics~ ~c, cond. ed by ~r",,', ' . _ ocordc:d voled.' ~ fei Lows ' Ayes' (;o ncilmen .ilol~,.n A. !~;'i'um, Rol~crt il. Cal]is, Jr., Mayor Robert B. Cromwell, ,Jr., Vice ?dayor I:. Reid ];rvS_n, Geor~z.o R. Ferre]'k, (iardncr, (;];:~re~cc A. Ilo]land, D. H,~rr':::y }la]J)O]l, J. Curt'is Payno, II. Rhodes, &]nd ]:loy(l E .... ' Nays · None Absent · None City Council reduced the total appropriation :for thc We]fare Department by $79,207 and fu'rlher red~]ccd the estJ::~ated re'vent~e 17ron the Commo'nwcalth for thfi~]ic Assistance (;'rants .by $129,525. The cl_i.~:fercnce of $50,318 'will be charlied t'o [hu~pprop'riatcd Surplus i]~ the (;enc:r:~] Fiind. The changes in the F:isc~'! Year 1973 SocJ~l Scrv:ices budget arc noted as c -' '~ S E NV I .,OC~AI, CE BUI)G]~;'i7 AI)JUST?,II!NTS 197'2-73 i)epartment of Social Services' Public Assistances Admini sir at.i on $3,328,].00 1 , 053 , 219 $3,].47,800 1,270,907 $3,147,801 ]_ ,154 ,31. Totals $4,381,319@ $,1,4t8,707 $4,302,11: Less: Put>'/,ic Ass:Zs'tance Grants ]:'rom State antia~pa~.r:" ~ d in eaah budgat. Net City Cost each budget. 4,044,].25 4,007,876 3 ,914 ,60 $ 337,194 (b)$ 410,831 $ 387,51 $4,381,319 4,302,111 $ (79,208) (b) Summary - City Share: L.'it?~ }ica~u'/ Pcr,'~cnts - $387,512 33'/,].94 l:cYrc] ] ~', Cro~uwe]_7t, J-r., Vice i..'~;~vo'r F Reid l~'v:]n (3col e R , I,hodc. , and t;]oyd 1; h~itcr:fTic2d Jr. Absent · None City Council a~)pro¥'ed t. hc al~plicat:~on o17 (ial)or, Inc. %o nlovc residence, 56" x ,18' From 62.13 'tndian R']¥'cr ](oad~ ]<.eml)s¥:kTlJ,' 505 S. I'djlJtaF/ ][j_ghw',ty, .:liz;d~eth N2ver Shores, Kcm})svi]]e ::" ]'I'EH #5~$9 Pro]Jessor G. J. },lcRee appeared on behal'f of the st. af_:f' of Uni\,'ers~ty request. J_ng C~t.? Counc~.J to endorse an appl:tcat..to~ research study to be subm:itte4 to the Un:ired States tion by the faculty ]ncmbcrs of Old ])omJnion Un:ive2'sJty. It sub'iect study will resu:lt :[n thc deve].ol)mcnt of vJab]c or ol)l: to [he Urban Transportation problems of th:is area. On motion by Councilman Callis, seco. haled by Councilman ~ote as follows' yes' Counc~_lmen John A. Baum, ,,~,_,crt 1t. Cal]_Is, Jr., ,,romwel]., Jr., V~ce blayor F'. Reid Ervin, George R. Ferrel), Gardner, Clarence A. Holland, D. Murray I, Ialbon, and J'. Nays: None Absent: None Abstain: Councilmen Donald tt. Rhodes and Floyd E Waterf~.c. <'~ City Council adopted the :fro]lowing Resolu't~on' Be ih resolved ~'he Ci~_y Council, Cif. y of VirgJ.z~J_a discu~:,~ea the Quaz ty ~cl, ..... ~ .... " - .... - ~ - the c, acN' Bor("u?~. Hrs. Hc~au?,ht .. . ._ ;:,t, :et 'l'})c l~'ropo<cJ, ,j c>l:',ng ox fourteer~ jc:rc, s o[' Ci ~,,' owned ' 'e'- loa'vJnR /.¥,o acres a!ld a Smu.!.] pro s]~()'p. T}]J5 ])lYoject wolt[d cover '[-}l.'(~c ,lc1 .:, Hr. John bl',,"~r,,:)~] al)peal'cd in s~pport of the above proposal for l:]~e coT;structi_o' ot7 a Term i :-: Cr)~q~].cx. l'~r. ,lack ,.le~:uia(~s~ o'n be:half el' the VJr?:i~Ja 1get, ch ,[aycc',es~ apl)eared be?ore .... · ,.~ ~, [: l:~, o ~a]. rcvcnu.; ~.~,;i~ :~]~ funds (.ii '{iV (}01![1(i ~ ] C{[~F.. bS ~ I']~> ' ,r COU](I l)O 1]scd to bcilol'~'[. ~t ](!'til(;r se~mel't[' o:[' 11 t, Ci'l.i. 7, O]lS Oi VJF~}JlIJJ o One recomme~lde,,t alterna~t:ive w~,$ 8 ]iltlnicJj)a] bike trail along the old railroad right of wa), l)ara]]-cl t:o Shore ])'r:ivc ;fro]I1 Lynnhaven l'nlet through ~ .... i-ho , St.(lt:c Park and out 64th Street. l)r. ](ruger mid Mr. Brown appeared Jn favor of thc establ:ishment of a mun:ic:ipal bike trail. r Roger Scott City Hanager, indicated that no :funds would be des:iLnated ' ~ ' or any project until receJpl: of the federal gli:i, delines, lie :tluf'ther tli;~t. :in acco ]-dance with the guidel:i, nes nnd with cons]dc',ratio~i of the :ret:orl- mcndat~ons fro~i~ the st. aff~ City Counci1 ami thc,, c:2t:izenry~ l):rioi-it)e.~ will be set :f'ort]~ for the expenditure o:f t:he Fe era1 Revenne ITEM. #529] Councilm. an Rhodes requested that the ~natter concerning the use permit of Tha.lia Naysid(: Corporation, which was p'revSously revoked by Council, be placed, on the informal and fbrmal Agend[] fo]: 9ecember 4, 1.972. ITEM # 52 92 Councilman blalbon requested the City Manager to ]ook into the possib:ilttv Cenci~.. Booth I)ol [cvard :in the Camp Pcndlet~ of acqu:iring the property west of '~ .... ~l ]" Area t}lat belougs to the State. On moL~.o~ t')~,.' Cou}}c Vol-c ~:~ fol Iow:;' t{. td~ouc.' '%~ , and }.'Joyd l~ . Watci'.f'lel(l ~ ,)'r. Nays · None Absent · None C.ity Co,mc:i] not. ed i. ts intention for the l~urpo~e o~ Ct~iscttssil~[q of 7 ]n:['or~:~t:Jon Act nF the C, On motion by Co~:nci]_man P;:,ylne, secondcd by Colmc:ilm. an Rhodes, and by unanix~ous vote ,-)the meet:i.n::~ acij ourneu. C__ity of Virgin-ia Beach, irgini a .,ovember 20, 1972 bflNUTF. S O17 THE ftONORABLE CITY COUNCIL OF TIlE CITY OF VIR(itNIA BEACII, VIRGINIA November 27, 1.972 The regular meeting of the Council of the CS ty of Virginia Beact~, Virginia "'as held in the Council Chambers in the AdministratSon BuildSng, in the orough of Princess Anne, on 5{onday, November 27, 1972, at 2:00 p.m. Councilmen present: John A. Baum, Robert II. Callis, Jr., .~layor Robert B. , Vice Mayor F Reid Ervin, George R Ferrell, Charles W. Cromwell Jr. , · ' Gardner, Clarence A. Itolland, D. ~4.urray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Councilman absent: Donald H. Rhodes. ITE~4 tt 5295 On motion by Councilman Gardner, seconded by Councilman ¢.{albon, and by recorded vote as follows: Ayes: Councilmen .John A. Baum, Robert tt. Callis, Jr., Mayor Robert B. Cromwell, Jr., \rice blayor F. Re~d Ervin, George R. Ferrell, Charles I~r. Gardner, Clarence A. Holland, D. Murray Malbon, J. Cu-rtis Payne, and Floyd E. l~aterfield, Jr. Nays: None --bsent: Councilman Donald tt. Rhodes. ity Council approved the blinutes of the Regular Meeting of November 20, 1972, as amended, and the reading of said ¢linutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITE¢~ #5296 Mr. Richard Kline, President of the X~irgSnia Beach Chamber of Commerce, appeared before City Council on behalf of the Chamber requesting that they be allowed 'to have a ].~aison representative meet with the Council at their informa] meeting once a month to keep the Councilmen informed on the activities of the Chamber. Council took this request under advisement. iTE~'I tt 5297 Mr. llerbert Kramer appeared briefly regarding the proposed Comprehensive Zoning Ordinance. On .motSon by CouncS lman Gardner, seconded by Councilman Payne, and by recorded vote as fol]ows: Uax, or Robert t~ yes' Councilmen John A. t~aum, l~obert II. Call:is, Jr., . , ]ct. ~'iavor F Reid E-rvJn, (;oort~e R Ferre]]., Charle~' iV ro:nwel] , Jr. , V' '- , · ti~rdne'r, D. l',lu~:ray ~,!albon, :uM J. Curt:is Payne. N~ys' (',ouncilmcn Clarence A. ilo].]and and Floyd E. l~'aterfield, ~]c. Ab:;ent · Cour, cilman Donald City (;ouncil voted to instruct, by letter from the ~ayor, the Planning Commission to readvertise for a public hearing for proposed Comprehensive Zoning Ordinance and maps and that st~ch public hearing be held on Tuesday, December 19, 1972. In order to provide as much notice.as possible, Council directed the staff to place the legal advertisement for this hearing in both Norfolk daily papers and the Virginia Beach weekly paper, and further that additional paid commercial advertising be used for this purpose. ..~he City ~anager w~s directed to instruct the planning staff to continue ts public, display of the proposed maps and that the staff be available fter hours and weekends to review said maps with in~.erested citizens. · n addition the staff shall p'rovide upon request from the Planning Commission whatever input it desires in connection with the maps. ITEM # 5298 Mr. George Hanbury, Assistant City Manager made the folloWing~ comments' "Because of misinterpretation of the zoning 'ordinanc~ x~hich regul, ates the former County of Princess Anne in our city, footsball operators were informed to acquire a use p,ermit. The City Attorney has informed me that this procedure is not allowable. Operations of this nature must be in zoning dis- tricts of general commercial or manufacturing industrial. Only two operations conform to this: Happy Hotdogs and E. L. Gray, t/a Moose's Footsball. Ail other operations under their present use permits are illegal and must cease. It is hoped that all fees will be returned to those applicants in Jmproper zones." In accordance with the above information, the following applications could --0t be considered by City Council: Application of Keith W. Overton for a Use Permit to operate games of skill and science (footsball) on certain property beginning at a point 210 feet more or less East of ~acdonald Road located on the South side of Indian River Road on property known as 6661 Indian River Road. (Indian River Estates Area). KEMPSVILLE BOROUGH. Application of Keith W. Overton for a~ Use .Permit to operate games of skill 'and science (footsball) on certain property beginning at a point 250 feet more or less South of Haygood Road on the East side of Aragona Boulevard on property known as 1607 Aragona Boulevard. (Aragona Village Area). BAYSIDE B 0 ROUGH. Application of John Small for a Use Permit to operate games of skill and science (footsball) on certain property located on the West side of South Lynnhaven Road in property known as the Mini Mall - 463-B South Lynnhaven Road° Said property is shown on Plat of Mini Mall, Parcel "B", Section 21, Princess Anne Plaza, Talbot and Associates 9/3/70. (Princess Anne Plaza Area). LYNNHAVEN BOROUGH. {~'~r. Owen Pickett, Attorney for Mr. John Small, requeste, d a cla.vification of this matt~:r and took exception to the cla::'.~./-~'.'cation.. ., ~.. of faot~'bal'!~ opera- tions as aames of .~kili and ocience. rTL;M On mot.ion by Councilman Fe. rrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., Mayor Robert Cromwell, Jr., Vice Hayor F. Reid E'rv;i.n, George R. Ferrell, Charles W. Gardner, Clarence A. ttol!and, D. Murray Halbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Nays: None ~-a~bsent: Councilman Donald H. Rhodes. iity'Council directed the Planning Department to refund all application fees to those applicants for use permits to operate games of skill and science (footsball) whose property is not properly zoned for such use.~ *Footsball games are only allowed in districts zoned General Commercial or Manufacturing-Industrial ITEM #5300 On moti.on b7 CouncSlman Waterfield, seconded by Councilman Gardner~ and by recorded vote as follows: Ayes: Councilmen .John A. Baum, Robert }t. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Nays' None "'-bsent' Councilman Donald H. Rhodes. ity Council adopted the following Ordinance regarding footsball games' ORDINANCE NO. 4.25 AN ORDINANCE REGULATING FAMILY ~ · t TABLE TOP COMMERCIA RECREATION CENTERS BE IT ORDAINED BY alE COUNCIL OF ~tE CITY OF VIRGINIA BEACH, VIRGINIA: That a family table top commercial recreation center is defined as a licensed establishment for the playing of footsball, table tennis, shuffleboard, or any like game of skill or science, ~he~e three or more tables for such activity are used. It shall be unlawful for any person to operate any such place of business~ 1. If it is licensed under the alcoholic beverage control laws of the state, and is oPerated in conjunction, with any other licensed dispenser of alcoholic beverages. 2. Unless it provides off-street,parking for personnel and patrons of the establishment at the rate of 1-1/2 parking spaces, permanently maintained, for each machine or table or the'~ like installed, whether in use or not. 3. It is illuminated throughout~ its interzor at a level of forty[ foot candles. 4. It has no partitioned or closed off areas ot-her than those for toilet facilities, office space, or store- rooms; and all playing areas and tables or machines shall be visible from a public way or street. 5. It has a window or windows open to view from a public way or street, having a minim~m of one hundred square feet of gl~ss area, which windows shall not be permanently covered or otherwise obstructed. 6. It has separate restroom facilities for both sexes. 7. No minor, under the age of 18 yeaz~,, shall be permitted in such center after 12:01 a. m., unles~~ accompanied by their parent or guardian. 8. The operator and emPloyees of such center, must, prior to operating or working therein, have appli~ to and received a certificate of approval from th~~ police department. 9. These provisions shall not affect those businesse~'~ operating lawfully before the effective date of this ordinance. 10. This ordinance shall be effective from the date o~ passage. Adopted by the Council of the City of Virginia Beach, Virg~ 27th day of November, 1972. t ITEbi #5301 Application of ttappy Hot Dogs, Inc., for a Use Permit to operate §ames of skill and science (footsball) on certain prorperty-~?g~t~Tc~' at a point 150 feet'more or less West of Plaza Trail located on the North side of Boyd Road known as 3808 Boyd Road, shown as a portion of Lot 120 on plat of Subdivision of Lots ll8 thru 127 and Lots 248 thru 257, Plat of Westmoreland Estates by Frank D. Tarrall, Jr, & Associ-ates dated.March 7, 1960. (Princess Anne Plaza Area). LYNNI1AVEN BOROLIGH. ._. The Planning Commission recommends denial of this request due to the opposition of the residents of the area who objected to the lack of parking for this facility and the disorderly conduct exhibited by patrons of the footsball parlor. Mr. Ronald P. Hammers, Attorney, appeared on behalf of the applicant. Mr. Thompspn appeared on behalf of the application. Mr. Joel Smith, Plaza Civic League, appeared in opposition to the above application. On motion by Vice Mayor Ervin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Counci. lmen John A. Baum, Robert H. CallJs, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray bialbon, J. Curtis P.ayne, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Dona]d H. Rhodes. City Council. denied the above application of Happy Hot Dogs, Inc. for a Use Permit to operate games of skill and science (footsball) on certain ---roperty beginning at a point 1.50 feet more or less West of Plaza~ Trysil. ocated on the North side of Boyd Road known as 3808 Boyd Road., shown as portion of Lot 120 on plat of Subdivision of Lots 118 through 127 and Lots 248 through 257, Plat of Westmoreland Estates by Frank D. Tarrall, Jr. & Associates dated March 7, 1960. (Princess Anne Plaza Area) LYNNtLqVEN . BOROUGH. City Council denied this application due to the opposition of. the residents of the are~q who objected to the lack of parking for this facility and the disorderly conduct exhibited by patrons of the foo%sball parlor. It was further noted that th_is application, was denied as this facility is detrimental to public wedfare and injurious to property values in the surroundi, ng area. ITEM #5302 Application of Ernest L. Gray T/A Moose's Footsball for a Use Permit to operate games of St'..ill and science (footsball) on certain property beginning at a point 150~feet more or less South of North Witchduck Road and on the West side of'A'ragona Boulevard on certain property known as 665 Aragona Boulevard. (Aragona Village Area). BAYSIDE BOROUGH. The Planning Commission recommends that this request be denied as it would be detrimental to the health, safety and welfare of the neighbor- hood. i)r. ~,;rne;s ai:~pea, red in opposit~o~ to the ~bo~e appl~cat'ion. ~ On n~.otion by Councilman ttolland, seconded by Counc. i]man Waterfield, and by recorded vote as follows: Ayes' Councilmen John A. Baum, Robert H. Callis, Jr., .Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Ct~arles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Donald H. Rhodes. '--it), Counc~_l denied the above application of Ernest L. Gray T/A Moose's ootsball for a Use Permit to operate games of skill and science (footsball~/ on certain property beginning at a point 150 feet more or less South of North Witchduck Road and on the 1~est side of Aragona Boulevard on certain property known as 665 Aragona Boulevard. (Aragona Village Area). BAYSIDE BOROUGII. City Council denied this application as it would be detrimental. to the health, safety and welfare of the neighborhood. ITEM #5303 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, 'and Floyd E. Waterfield, Jr. Nays: None Absent' Councilman Donald ti. Rhodes. ~i. ty Council, on second reading, reduced the total appropriation for the elfare Department by $79,207 and further reduced the estimated revenue ~rom the Commonwealth for Public Assistance Grants by $129,525. The difference of $50,318 wi]l be charged to Unappropriated Surplus in the General Fund. The changes in the Fiscal Year 1973 Social Services budget are noted as follows: ITEM #5304 On motionbby Counciiman Gardner, seconded by Councilman Payne, and ~y recorded vote as follows: Ayes: Councilmen John A. Baum, Robert tt. Callis, Jr., Mayor Robert B. Cromwe]l, Jr., Vice Mayor F. Reid Ervin, George iR. Ferrell, Charles W. Gardner, C].arence A. Holland, D. ~lurray Malbon, J. Curtis Payne, and Floyd E. liraterfield, Jr. Nays: None Absent: Councilman Donald H. Rhodes. After a publ. ic hearing, City Counci] adopted the following Resolution requesting the Genera] Assembly oJ~ Virginia to amend Section 3.06 of the ~ty Ch~rter concerning rules of procedu'res: A Public Hearing was held in the Council Chambers of the Adminis-' tration Building of the City of Virginia Beach on November 27, 1972 at 2: 00 p .mo On motion by Councilman Gardner and seconded by Councilman Payne, the following resolution was unanimously adopted: RESOLUTION WHt!REAS, it is the opinion of Council that the City Manager should be given the authority to call special, meetings of the Council; and TttEREFORE, BE IT RESOLVED BY THE COUNCIL OF TilE CITY OF VIRGINIA BEACH, VIRGINIA: That, Section 3,06 of the Charter of the City of Virginia Beach, Virginia, be amended by the General Assembly of Virginia to read as follows: "Section 3.06. Rules of procedures; quorum; action at meeting closed to public.~ The Council shall have power, subject to the provisions of this Ch~rter, to adopt its own rules or procedure. Such rules slxall pro- vide for the time and place of holding regular meetings of the CouncSl which shall be not less frequent than once each month. They''sahll also provide for the calling of special meetings by the mayor, city manager, or any three members of the Council and shall prescribe the methods of giving notice thereof. A majority of the Council shall constitute a quorum for the transaction of business. No ordinance, reso- lution, motion or vote, other than motions to adjourn, to fix the time and place of adjourn- me.nt and othefr'motions of a purely procedural nature, shall be adopted by .the Council except at a meeting open to th_e public." ITEbl #5305 On motion by Councilman Malbon, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferre].l, Charles W. Gardner, Clarence A. Itolland, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Nays: bsent: Nolle C'ouncilman Donald H. Rhodes. After a public hearing, City Council adopted the following Resolution requesting the General Assembly of Virginia to amend Section 3.07 of the City Charter concerning tile selection and duties of the mayor and vice- mayor: A Public Hearing was held in the Council chambe?s of the Adminis- tration Building of the City of Virginia Beach on No'~rember 27, 1972 at 2 ' 00 p .m. , ' On motion by Councilman Ma]bon and seconded by ]ouncilman Waterfield, the following resolution was unanimously adopted: RESOLUTION WHEREAS, the terms of City Council have recently been changed. to conform to the state law; and WHEREAS, the Council desires to conform the selection of mayor and vice-mayor to the present term of office of all councilmen. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That,' Section 3.07 of the Charter of the City of Virginia Beach, Virginia, be amended by the General Assembly of Virginia to read as follows: "Section 3.07. and vice-mayor. Selection and duties of the mayor At the first meeting of the term following a general e]ection of councilmen, the Council shall choo?;e by majority vote of all the members thereof one of its members to be mayor and one to be vice-mayor. The mayor shall preside over the meetings of the Council, shall act as head of the c~l:.y government for ceremonial purposes and shall have such other rights and duties as the Counc-i] may prescribe, in addit':lon to al] the rights and p-rJvileges o~' councilmen of the city. The vice-mayor shall l}erform the duties of mayor in the ab,..~ence or disability of the I'I't!H fl5306 C)n motion by Councilman Payne, seconded .by Councilman blalbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Ca]lis, Jr., Mayor Robert B. Cromwell, Jr., Vice 'Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Floyd I2. Waterfield, Jr. : Nays: None ..~bsent' Councilman Donald }I. ity 'Council approved the following .mnount of $617.40: Rhodes. personal property tax refund in the ~'~[~1~I~ DATE SHIPPED_ Commercial Credit ~ Ind Corp. .ow sN,..~ 30803 Little Hack Ave. Roseville, Michigan 68066 ~.s D QUANTITY DATE OF SHIPMENT DESCRIPTION OF ARTICLES Ofl SERVICES OR SERvIce IF SHIPI~ENT 15 ~ADE BY FREIGHT OR EXPRESS ORIGINAL 1972 Paid tx¢ice, by Less ee. Refund PP ,~13521 once by Lessor and once VENDORS SHOULD NOT WRITE BELOVI THIS LINE INTRA-DEPARTMENTAL CERTIFICATION OF RELCEIPT IN GOOD CONDITION: DATE DELIVERY: .COMPL~ETI~ ~ INCOMPLETE [] UNIT PRICE VENDOR'S ~OTAL (FOR U-~E OF APPROVING AGENCY) DISCOUNT OTHE[~ DEDUCTIONS~ (SPECIFY) AMOUNT CERTIFIED FOR pAyMENT AMOUNT 617.40 F'U N[~ CODE TOTAL VOUCHER AMOUNT 10 IHE DIR."CTOR OF [INANCE: TO MY t~,NO%q_FZL)GE, NO OFFICER OR EMPLOYEE (O HIS AC~[:I',IT) OF TtlE el'fY OF VIRGINIA L~EACH ANY f4Ot,ll:.t'/.,l~Y INTEiI~F[4F tel I'H[ll] DII/iECTLY INDI F~KGTLY ) , tiXC~:PT AS D ISCI. OSF:D, AND A~ 'I"HOF/IZEiI.L IN TI-tIS TItANSACT1ON->W~JICH IS CE (//'/ 75; // ........... :'.,: ..... . On motion by Councilman (;a~dner, recorded vote as follows: I TI~bl i~' 5 5,0 7 seconded by Councilman Malbon, and by Ayes: Councilmen John A. I;aum, Robert }I. Callis, Cromwell., Jr., Vice Mayor t:. Reid Ervin, George R. (;ardner, Clarence A. lto].land, D. Murray Malbon., J. Floyd 1';. Naterficld, Jr. Jr., Mayor Robert B. Ferre!l, Charles W. Curtis Payne, and ~ays: None bsent: Councilman Donald H. Rhodes. City Council approved the follow2ng Ordinance appointing Viewers relative to closing a 15-foot Alley as shown on Plat of Croatan Beach; Lynnhaven Borough: '[Mr. J. N. McClanan, Ileal Estate Agent, was appointed as a viewer to replace Mr. W. W. Fleming, .Jr.] CITY OF VIRGINIA BEACH (ORDINANCE APPOINTING VIEWERS AN OR. DINANCE APPOIN'_I?ING VIEWI~3RS ON APPLICATION FOR VACATION AND DISCONTINUANCE OF A ]5-FOOT ALLEY RUNNING NORTH AND SOUTII, IN BLOCK 17 BETWEEN ]VfARYLAND AND VIRGINIA· .AVEN-OES, PLAT OF CIIOATAN BEACH, 1VL/kP BOOK 24, PAGE 37, BOROUGtI OF LYNNHAVEN, CITY OF VIRGINIA BEACH, VA. WHERE S, pursuant to the authority contained in, and in accord- ance with the maimer prescribed for the institution of proceedings for the vacation of a street by, Code of Virginia, §15.1-364, there has this day been. presented to the Council of the City of Virginia Beach, Virginia, the application of Alvin D. Doxey, Jr. for the vacation and discontinuance of a street hereinafter described, and in accordance w~th the procedure pre- scribed by such sectio~ for the conduct of such proceedings, that. the Council appoint viewers to 'view su. ch street and report to the Council their opinion whether, any and if any, the street; and what, inconvenience would result from discontinuing WtIEREAS, ~n col~f<'~rmitywith the procedures prcscr~i~edby said section at least, 10 days notice of the inler~ded application has been posted at the Court Itouse of the Circuit Court of the City of Virginia iBeach, Va., and at two public places in the City of Virginia Beach, Va.; NOW, TItEREFORE, BE IT ORDAINED, that in conformity with the procedure set forth in Code of Virginia, §15. ].-364, for the institution ankl conduct of proceedings for the vacation of a strebt, Mr. Mr. J. N. McClanan and Mr. Charles Carringion hereby are, appointed VIEWERS to view the street and report in writing to the Council on or before 1972, whethe~ in their opinion, and if any, what, inconvenience would result from discontlnuing the same; and that further such viewers be, and they hereby are, allowed the sum of $10.00 each for their services, such sums to be paid to Such viewers. The street is described as follows: A 15-foot alley running north and south between Maryland and Virginia Avenues, in Block 17, l°lat of Croatan I~ea'ch, Map Book 24, Page 37, among the records of the Clerk of the Circuit Court, Lynnhaven Borough, Virginia Beach, Virginia. George Hanbury be, and they ITEM Mr. Owen Pickett, representing the ,Jamaica Inn, appeared before C i.~y Counci]- requesting reconsideration of the application of Jamaica Inn for a Use Permit for 1. ire entertainment on certain I)roperty located South of tladen Road 'on the East side of Diamond Springs (Diamond Springs Area) Bayside Bozough. On motion by Councilman Waterfield, seconded by Councilman Gardner, and by ~ecorded vote as roi. lows: Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Hayor .F~ Reid Ervin, Charles W. Gardner, Clarence A. llolland, D. Hurray Halbon, Curtis Payne, and Floyd E. Waterfield, Jr. ..ays: Councilmen Robert lt. Callis, Jr. and George R. Ferrell. Absent.: Councilman Donald H. Rhodes. City Council set the date of December ll, 1972, for the reconsideration of the application of Jamaica Inn for a Use Permit for live entertainment on certain property located South of Haden Road and on the East side of Diamond Springs on certain property known as 1848 Diamond Springs Road and is also known as part of Parcel B-l, Subdivision of Parcel'B, Property of Chris G. Christopoulos and Constantine g. Thomas by Baldwin and Gregg, February 7, 1964 (Diamond Springs Area) Bayside Borough. This application was previously denied by City Council on November 13, 1972. ITEM #5309' Mr. Robert Brown, Attorney for Mr. William C. Henderson, requested that consideration for re-hearing the application of the _Matador l,ounge for a Use Permit for live entertainment on certain property located at the Southwest corner of Diamond Springs Road and Aragon Drive (Diamond Springs Area) Bayside Borough be held in abeyance. ITEH #5310 ~ On motion by Councilman Gardner, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles'I*,'. Gardner, Clarence A. Ilolland, D. Murray b4albon, J. 'Curtis Payne, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Donald H. Rhodes. City Counci. 1 approved an additional appropriation in the amount of $17,280. to the City Jail salary accqunt for three Para-.Medical positions; and adjust- ed estimated revenues from thb Commonwealth by $11,520 and transferred $5,760 from Reserve for Contingencies to co,'er this expenditure. ITEH #5311 On ~otion by Councilman Waterfield, seconded by CounciIman Halbon, and by recorde, d vote as follows' ' (,Otl,l~i ] i]len ~JO]lll A B(i~Am, Robert tl Cai]. 5 s, Jx'. , blayor Robert B. .romwell, Jr., Vice Mayor F. Re~id ErvJn, George R. I:errell, Charles ~q. Gardner, Clarence A. llolland, D. }.lurra? Malbon, J. Curtis Payne, and Floyd E Wa te rf ie] d, Jr. Nays: Nono Absent ' Count i.'l l]l[lll lionald 11. Rhodes. ITEM ~5312 Consideration of a contract with Hampton Roads Sanitation District for the construction, maintenance and operation of a sewer intercepton e~tend- ing front Shipps Corner westerly to the existing force main on Providence Road was deferred. ITEH #5313 On motion by Councilman Ferrel]_, seconded by Councilman Malbon, and by --~ecorded vote as follows: yes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ltolland, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Donald H. Rhodes. City Council approved the following Reso]ution requesting the City of Norfolk to make connections and to furnish water 'through ~a proposed water system located at Level Green, Site II, Part III, Kempsvi41e' Borough' "w~T~Rq'T~;O- 7'~ C.L~Y OF NORFOLK TO make connections and A RESOLUTION x~o ...... to furnish v:atez- ~hrouT. h a ~ro~osed w~ter system 1. ocar. ed a.t Level. Site !I p.~[ Iii& in t~e Cit'z of Virginia n==~,~ further Green ~ ~ ~ ~ 'described below: ~tEREAS, it is requested by the City of Virginia Beach, at the ~o=~tzo to extend proposed water request of the Level Green Cor~ mains in accordance with the existing contract between the City of Virginia Beach and the City of Norfolk, in Level Green, Site II, Part III, in the street as.listed below: NAbfl~ OF STREET Clear Spring Rd. Street "A" Street "B" Street "C" Street "D" Street "F" Street "G" Level Green Blvd. SIZE OF PIPE LINEAL FEET 6" C.I.M.J. 1,712' 6" C.I.M.J. 2,449' 12" C.I.M.J. 242' 12" C.I.M.J. 428' 4" C.I.H.J. 250' 4" C.I.M.J. 130 4" C.I.M.J. 70 6" C.I.M.J. 1,022 8" C.I.M.J. 144 8" C.I.M.J. 695 12" C.I.M.J. 233 ~ of HYDPu~TS 2 2 m m 1 1 Ail as described and shown on plans entitled "Level Green, Site II, Part III, Construction Plans as prepared by Talbot, Wermers, and Associates, Ltd., Engineers, Planners and Surveyors, Virginia Beach, Virginia." .... · · ...... ' , '.~er n~ains w~n the ' -, :'"~'; ~2<! u cot:~oletJon of the it beiz~:z., expressly und,-~rsLoo.:{ ami a~.'re,z.t~:, t}'~a~, the supt>]5.-in~, _ of said watel' by the City of Norfolk shall be upon and subject to the following terms and conditions: 1. That the said water n'~_a~ns shall be installed i.n 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,~o~' rfolk. 2. That the water so supplied through said n'~ains 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 sin2ilar!y situated.. 3. That all ordinances of the City of Norfolk and al! 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 w'ater through the said proposed n~ains. 4. That the said City of Norfolk shall be under no obligation to furnish more water than its distribution system as now laid, with~he pressure carried, will deliver into said ~nains, and if the said supplying of water shallnot 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 consunxers along the said proposed mains, the City of Norfolk will supply the same only from its surplus s.u. pply, and. that_ in no event shall there be any obligation on the part of said ~ity to supply water to.any consumers along- the propo's'ed rngins 'at an'y ti,me' when, in the ju~lgement of the · ..---.Council 0!: the .sai.il.C.it.y"of Norfolk,-th~ saint City 'ahall not have. suffici4nt.sUpply for use'within its corporate'limits, or Whenever the supplying of said 0,'ater sha_l] inter- fete ~vith the discharge of the duty of said City to.suppl)j water to its own inhabitants - 6. That from and after the installation of the water mains and hydrants they .shall become the property 6f ~he C~ty of Virginia Beach. The City of Virginia Beach shad grant to the City of Norfolk the right to use such mains and hydrants for the s.upply of water, and further grants to the City of Norfolk ready and,,t-easonable access to them. 7'. That for any fire hydrant ins[ailed at the' reouest of the City of Virginia Beach, a rental payn~ent of One Hundred Dollars ($10~.00) a year for each hydrant Shall be paid t'o the Cily of Norfolk. ADOPTED BY THE COUNCIL of the City Of Virginia Beach, day of , 19 Virginia this A FPtR 0 V ED: 1TEM # 531d On motion by Councilman Gardner, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert [t. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles I~7. Gardner, Clarence A. Holland, D. Murray Ma]bon, J. Curtis Payne, and Floyd E. Waterfield, Jr. ays: None ~sent: Councilman Donald H. Rhodes. City Council authorized the City Manager to enter into an agreement with the Oceanograp~hy Department of Old Dominion University to conduct a detailed sur- vey of aquatic plants and animals in the wetlands areas withi~n the City of Virginia Beach and guaranteed $10,000 for the subject survey~ ITEM # 5315 On motion by Councilman Ferrell, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. blurray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Donald H. Rhodes. Council adopted the following Resolution endorsing the Southern Standard uilding Code and its companion Gas and Plumbing Codes and the National ..lectric Code as the offici'al State Codes: RESOLUTION WHEREAS, the League of Tidewater Inspectors at its meeting on August 31, 1972, has given due consideration to the codes under consideration for a state-wide building code and has determined that the BOCA Basic Building code is inadequate in fire protection in major buildings; and WHEREAS, the construction requirements for residential buildings will be considerably less under the BOCA Basic Building code than required ~der our present Southern Standard Building code; and WHEREAS, the Southern Standard Building code which is used by a majority of the towns and cities in Virginia has been found to be an excellent code, easily understood and administered and incorporating all of the latest materials and methods of construction. NOW, THEREFORE, be it resolved, that the City Council of the City of virginia Beach hereby recommends that the Southern Standard Building code and its companion gas and plumbing codes and the National Electric code be adopted as official State-wide Building codes, and that administration and appeals concerning the Uniform State-wide Building Code be continued as a matter of local responsibility. Robert B. Cromwell, Jr. Mayor On motion by Councilman Baum, seconded by Cou.ucilman Callis, and by recorded 'vote as follows: Ayes: Councilmen John A. Baum, Robert II. Call is, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferre].], Char]es W. Gardner, Clarence A. Holland, D. Murray Hal. ben, J. Curtis Payne, and Floyd E. Waterf~eld, Jr. ~ Nays: None ~bsent: Councilman Donald tt. Rhodes. ity Council approved a transfer in the amount of $37,000 from unappropriated surplus to cover the replacement of bu]kheads in the 42nd to 46th Street area, and the replacement of certain fire hose used during the recent flooding of North Virginia Beach. ITEH ~15317 Reverend Danny Harrow, representing Broken Needles, requested the City of Virginia Beach to lease, donate or sell to Broken Needles land for the construction of a permanent building for Broken Needles, ]'nc. and that the City suggest a proper place for this facility to be located. Mayor Cromwell referred this matter to the City Manager's Office for formula- tion of recommendations. ITEM #5318 Mr. Peter Agelasto appeared before City Council and suggested that prior to the public hearing on the CZO that members of the City Council, the Planning Commission and other appointed. City OfficiaJs disclose their ownership of --ny rea] property in the City of Virginia Beach and that this information be ade available and recorded in either the City Clerk's or City Attorney's ffice for public perusal. Mr. Agelasto further suggested that the City Attorney be directed to set up standards whereby a member of the City Council or Planning Commission will know under what circumstances not to participate in a discuss:ion or vote on. a particuta, r matter. (A copy of Mr. Age].asto's remarks are on file in the City Clerk's Office.) .~ Iq, EH #5319 On motion by Councilman Call'is, seconded by Councilman Ferre]l,. and by recorded vote as follows- Ayes: Councilmen John A. Baum, Robert H. Call2s, Jr., Mayor Robert B. Cromwell, .Jr., Vice Mayor F. Reid Erv~n, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Nays: None Al)sent: Councilman Donald H. Rhodes. C.ity Counci] noted its intentSon to hold a closed meeting on December 4, ---972, for 1-he pu.rpose of discussing :items perm:itted for discussion under he Freedom of In ,o~mtion Act of the Co~monwealth of Virginia. ~TEM #5320 On motion by Councilman Callis, seconded by Councilman Gardne:r the meeting adjourned. ' Richard J.~'ebbon, City Clerk Robert B. Cromwell, Jr., Mayor ity of Vi.rginia Beach, irginia November 27, 1972 MINUTES OF THE HONORABLE CITY COUNCIL OF TIlE CITY OF VIRGINIA BEACH, VIRGINIA December 4, 1972 .-~he regular meeting of the Council of the City of Virginia Beach, Virginia as held in the Council Chambers in the Administration Building in the orough of Princess Anne, on Monday, December 4, 1972, at 2:00 p.m. The invocation was given by Reverend Albert J. Schrader, Scott ~(emorial Methodist Church, Virginia Beach, Virginia. Councilmen Present: John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell!, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. ~ Councilman absent: Clarence A. Holland. ITEM #5321 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. ,_Gardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd Waterfield, Jr. ~iays: None Absent: ~Councilman Clarence A. Holland. City Council approved the Minutes of the Regular Meeting of November 27, 1972, and. the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #5322 Mr. Charles Carrington, Planning Director,. informed City Council that last Tuesday, the Planning Commission agreed to ask Council for additional, time prior to holding the next public hearing on the Comprehensive Zoning Ordinance in order that the.~Commission may have ample opportunity to make the changes they 'desire on the text and maps prio~ to advertising. As a result, the Planning Staff estimates that i~ will take the following amq.~nt of time to accomplish the Commissioners' request: One week to locate all parcels that have been significantly down- graded or down-zoned Two weeks for final checking and field work necessary for accuracy Three weeks for'drafting time. Two weeks to make changes on the text, which can be accomplished simultaneously with other work and will not count in additional delay time Three weeks for Comnissioners' review and decision making time. Two weeks necessary to meet legal advertising requirements. One week for anticipated down-time due to the seasonal vacation and holid;~y period. This would make a total to twelve weeks which would escalate the date from December 19 to March 6 at the earliest or March 20, 1973, which is the suggested date that the Commission is proposing to allow one week of lag time in case of an unanticipated delay. Mr. Carrington stated that the Planning Staff will work with the Commission to abbreviate this time if at all possible. On motion by Councilman Gardner, seconded by Councilman Malbon, and by~ --recorded vote as follows: ~yes: Councilmen John A. Baum, Robert H. Callis, Jr'., Mayor Robert B. Cromwell,.Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Clarence A. Holland. City Council instructed the Planning Commission to hold for the proposed Comprehensive Zoning Ordinance and maps instead of December 19, 1972. public hearing %n ~arch 20, 1973, (MAYOR ROBERT B. CROMWELL, JR. LEFT THE COUNCIL CHAb'~BERS ON AN EMERGENCY CALL TO THE HOSPITAL REGARDING A MEMBER OF HIS FAbIILY) ITEM #5323' Mr. James Evans appeared on behalf of the Thalia Wayside Corporation. ~_Councilman Rhodes stated that since the revocation of the Use Permit of 7halia Wayside Corporation on June 5, 1972, he has had a meeting with the ~halia Civic League to determine the desires of the adjacent community regarding the proposed development. At the meeting, the Civic League voted unanimously to give Thalia Wayside Corporation their full cooperation if they would agree to construct the units in accordance with the Use Permit originally granted on October 28, 1968. 'On that basis a letter of intent was prepared by Thalia Wayside Corporation. stating that they will agree to: construct in accordance with the original use permit; concur will all Planning Commission recommendations regarding site plan requirements; provide screen planting around the perimeter of the property; provide required recreational facilities; maintain a 50-foot buffer zone between the property line and any building; a~d construct a six- foot high brick fence 25 feet inside the property line around the northern and eastern perimeter of the property. On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Refd Ervin, George R. Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. ,_Nays: None \bsent: Mayor Rober~ B. Cromwell, Jr. and Councilman Clarence A. Holland. City Council voted to.reinstated the Use Permit of Thalia Wayside Corpor.ation to construct 458 apartments a~d townhouses ~5'~--- 3 bedroom units, 300-. 2 bed- room units, and 100 - 1 bedroom units; totaling 458 units] on certain properly located North of Virginia Beach Boulevard and 602.35 feet East of Thalia'Road beginning at a point 499.85 feet North of Virginia Beach Boulevard, running a distance of 2380.67 feet along the Southern property line', running a distan'ce' of'1138.93 feet along the Eastern property line, running a distance of 1831.87 feet along the Northern property line and running a distance of 852.18 feet' along the Western property line, (Thalia Area) K£MPSVILLE BOROUGH; subject to. City water and sewer; subject to applicant's participation in'the school site acquisition formula; subject to site plan requirements; subject to screen .-~lanting and recreational spaces as required by the Planning Staff; subject to he maintenance of a 50-foot buffer zone between the property line and any uilding and the construction of a six-foot high brick fence 25 feet inside the property line around the northern and eastern perimeters of the property, as set forth in the letter of intent submitted by Thalia Wayside Corporation dated September 6, 1972, as modified on November 15, 1972. Approval is further subject to the applicant bearing the cost of any off-site traffic control, which, becomes necessary as the result of the development. The City Attorney, Mr. Dale Bimson, stated for the record Shat it is his opinion that City Council has the power to reinstate any use permit they have revoked. ~ ITEM #5324 On motion by Councilman Ferrell, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. ~allis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. __Nays: None ~sent: Mayor Robert B. Cromwell, Jr. and COuncilman Clarence A. Holland. City Council approved on second reading an appropriation in the amount of $17,280. to the City Jail salary account for three Para-Medical positions and adjustments in estimated revenues from the Commonwealth by $11,520 and transfers in the amount of $5,760 from Reserve for Contingencies to cover this expenditure. ITEM #5325 On motion by Councilman Waterfield, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, .Jr. Nays: None Absent: Mayor Robert B. Cromwell, Jr. and Councilman Clarence A. Holland. City Council approved on second reading a transfer in the amount of $37,'000 ,._~rgm unappropriated surplus to cover the replacement of bulkheads in the 2nd to 46th Street area and the replacement of certain fire hose used during he recent flooding Of North Virginia Beach. ITEM #5326 --~n motion by Councilman Gardner, seconded by Councilman Waterfield, and by recorded vote as follows: .Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. 'Gardner, D. Murray ~albon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Robert B. Cromwell, Jr. and Councilman Clarence A. Holland. City Council approved the following Ordinance to amend and reordain Section 23.38 of the City Code relative to impersonating an officer: AN ORDINANCE TO AMEND AND REORDAIN SECTION 23.38 RELATIVE TO IMPERSONATING AN OFFICER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23.38 is amended and reordained to read as follows: "Impersonating Officer - Any person who shall falsely assume or exercise the functions, powers., duties, and privileges ~incident to the office of sheriff, police officer, marshal, or other peace officer, or who shall falsely assume or pretend to be any such officer, shall be deemed guilty of a misdemeanor.'' Adopted. by the Council of the City of Virginia Beach, Virginia on the 4th day of December , ., 1972. ITEM #5327 .On motion by Councilman Payne, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid £rvin, George R. Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None __Absent: Mayor Robert B. Cromwell, Jr. and Councilman Clarence A. Holland. City Council approved the following real estate and personal property tax refunds in the amount of $993.32 and a restaurant meal tax refund 0f $212.27: ~0; Mr. Dale ];imson city Attorney ~ Dot,' ~'~v. 27, 1_q72 FROM: ~Ir. V. A. Ethcridge, Treasurer --~BJECT: Application '".[or Tax Rcft,,~ds: ~e fe!!ewing app[icatlcn~ for refund of taxes totaling $_ ~d certiflcd for payment, as set forth bciow: .. T~ ..Ticket ~ame Year Number No. 003.32 V, A. Etheridge: Traaaura~ Dat. c Paid Base Chesaoeake Say & Loan Morrison, Robert 1~72 1].1.3 g073 2&v3 9A7 23901 Q50 10ool 13521. IDd Corp. l 1072 Cannop, Arala~,t~ ~ ?o C. R. Brvsnt , 1072 RE 762g ~.1~, Mar''~nda K / 1972 RE 23066 St~bud, Otto · ore a~ol~catl6n~ fny rcEund.~f r~,~ ;m~.~ ~',~m.:~ : ~'"~.,. '~t,,~',,,.v_ S077' 072 6110172 ]_1./6/'~2 6t71o/72 611017?. s/30/.v2 ~/lOfV2 .2A.95 5.OO 23.10 25.~0 25.80' :lg.3S 97.a7I ~;s' lr~l' 07. 61.7 FORM NO. D. F. ~1.$ D EPARTM ENT F- CITY OF VIRGINIA BEACH, VA. VE:NDOR'S INVOI CE: OIRECTOR OF FINANCE VOUCHER COPY 6'FMC IAL TAX DEBTOR TO DATE OF ~0~R 29,197a INVOICF--- PURCHASE ORDER NO. VENDOR'S NO.. DATE SHIPPED_ HOW ~HIPPED - DESCRIPTION OF ARTICLES OR ~ERVICES I~FUND 0~ ?A/?~.N~ Gl' 2~ FOOD F0t~ ~A~ 1972 BT AUDIT 0Y BOOKS ON NOV, 27,1972. QUA~ITITY DATE OF SHIPMENT OR SERVICE VE.DORS SHOUL. D NOT WRITE BELOW T.IS LI NE [ ................ ¥%~'~'~-- OTA~ 2~2 ~ ................................... ........ ~ ..................... HiS A<~;.NT~ OF TH[ CiTY OF vIRGINIA BEACH HA TOTAL VQUC'-~ER U~ ~ ~ ~._ ~.,[_~ Ahoy ~C':~:FAF~' INTEREST (EITHER DIRECTLY O ....... F :. -- - ............. INDIREC~L'(~ EXCEPT AS DISCLOSED. AND AL %HOF',;C~E) IN 'FF~I~ TRA~)ON WHICH 1S CEF ............... //' PRICE AMOUNT 212 OR PERFORMANcI~ OF SERVIC£S. RETAIN m HF. LAST COPY OF THIS INVOICE FOR YOUR RECORDS. VA.IEAC~, ~A TERMS__ ITEM #5328 On motion by Councilman Gardner, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice ~!ayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Robert B. Cromwell, Jr. and Councilman Clarence A. Holland. City Council approved the following Agreement to a deed of dedication between ~ the Wickes Corporation and the City of Virginia Beach' THIS DEED OF DEDICATION, Made this tOth day of November, 1972, by and between The Wickes Corporation, a Delaware Corporation with offices at 110 West A Street, San Diego, California 92101, party of the first part, and the City of Virginia Beach, a municipal corporation in the Commonwealth of Virginia, party of the second part: WITNESSETH: That for and in consideration of the mutual benefits .accruing or to be accrued to the above mentioned partie~, and other good and valuable consideration, the receipt of which is hereby acknowledged, the said party of the first part does hereby dedicate and convey unto the City of Virginia Beach, party of the second part, the following described property, to-wit: All that certain lot, tract or parcel of land, together with the improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, and designated and described as "PARCEL A~' ON "PLAT SHOWING STREET AND EASEMENT DEDICATIONS FOR THE WICKES CORPOR,~,TION, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA, SCALE: 1'~ = 100' DATE t972", and recorded in the Clerk's office of the Circui~ Court of the City ef V~rginia Beach, Virginia, in Map Book 94 .., Page . 23 , to which reference is made for a more particular description, containing 0.0,08 acres~ more or 'ess. Together w~th a te~por&ry right and easement to use the additional area shown on said p~at as "temporary construction easem~-nt'' ~or cut and/or f~ll slopes, as being required for the proper execution and maintenano:, o'g the work on KeVlar~ ,~oad. Said easement will terminate when the City gra,-.!as the property adjacent to the ]and to be co~ve.'~d so that there no longer ~x]st~ the. necessity f~'=r ~alntenance, or until such t';n~e as a]l construction has terminated and the City accepts the work e,s being completedo It being a part of the same property conveyed to The t;~ckes Cc. rp~)r.:~tion, a C, elawarc Corporation, by Deed o~, j~:~,~,~s~ ~nve~t;~e~:.~ Cc, r~orat~o;~, dateJ October !8, l~g3~ and dul'f reco;'.:~ed in the Clerk"s Of'f~,:e of t~e Circuit Court of t~"?' ".ity of Virginia Beach, in Deed L~ook 809~ at Pac~e ~8,-~ reference to In Witness Whereof, The Wickes Co~oration, a Delaware Corporation, has caused its name to be signed hereto by its Executive Vice President and its corporate seal to be affixed and duly attested by its Secretary, pursuant to their authority. By: THE WICKES CORPORATION O'Dair - Executive Vice Preside Seal Attest: P. H. Tatz'- Secretary Corporate Acknowledgment STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) On this 10th day of November, 1972, before me personally appeared, G. W. O'Dair, who, being by me first duly sworn, did depose and say that he resides in San Diego, and that he is Executive Vice President of The Wickes Corporation, the corporation described herein and which executed the foregoing instrument: that he knows the corporate seal of said corporation: that the corporate seal affixed to said instrument is such corporate seal: that it was so affixed by order and authority of the Board of Directors of said corporation, and that he signed his name thereto by )ike order and authority. Given under my hand this I~ day of,~/~v~m~.~_i? 1972. Nota'bY~I, Public -/ ' '"}[~I~:~ JANE ITEM #5329 Mr. Paul H. Davis appeared on behalf of the residents of Little Neck Village. On motion by Councilman Malbon, seconded by Councilman Gardner, and by recorded vote as follows: ~es: Councilmen John A. Baum, Robert H. Callis, Jr.., Vice ~ayor F Reid ~vin, George R. Ferrell, Charles W. Gardner, D. Murray ~albon, J. Curtis rayne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Robert B. Cromwell, Jr. and Councilman Cla~ As tke City has received signatures amount to 52% of-the ence A. Holland. property owners on Johnson Streets Little Neck Village for the installation of sewers; and as a severe health hazard exists in this area; City Counc!il authorized the engineering and construction of this project as soon as possible. Funds are available in the 1970 Water & Sewer Capital Projects Fun8 for this project, t ITEM #5330 On motion by Councilman Gardner, seconded by Councilman Payne, and by r recorded vote as follows: Ayes: Councilmen John A. Baum, Robert tt. Callis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis -~ayne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. ~ays: None Absent: Mayor Robert B. Cromwell, Jr. and Councilman Clarence A. Holland. City Council authorized the City Manager to enter into a contract with .Hampton Roads Sanitation District for the construction, maintenance and operation of a sewer interceptor extending from Shipps Corner westerly to the existing force main on Providence Road. ITEM # 5331 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Erivn, George R. Ferrell, Charles W. Gardner, D. Murray ~.{albon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. ~ Nays: None Absent: Mayor Robert B. Cromwell, Jr. and Councilman Clarence A. Holland~ .,City Council adopted the following Resolution for the relocation of utilities ~long the Columbus Street Loop' At a meeting of the City Council of Virginia Beach, Virginia held this 4th day of December, 1972, the following resolution was unanimously adopted: RESOLUTION WHEREAS, the Highway Department proposes to construct the Columbus Street loop from the intersection of Kellam Road. and Virginia Beach Boulevard to the intersection of Constitution Avenue designated as Highway Project U000-134-105,'~-501: and WHEREAS, the City Council is responsible for making arrange- ments for the adjustment and/or relocation of certain utilities and for the installation of any new facilities; NOW, T!~REFORE, BE IT RESOLVED, that the City Council of Virginia Beach hereby certifies that all arrangements have been made or will be made for the relocation and/or adjustment of said utility facilities, and for the installation of any new ~acilities. In the event of any justifiable claims from the road contractor for delays or interference caused, by said utilities, the City of Virginia Beach hereby agrees to be responsible for said claims, provided it may legally do so and further provided, that the City is advised in writing.by the Highway Department at the time of delay that the road. contractor intends to file a claim. Said utilities are identified as follows: Utility O~m~er Virginia Electric and Power Comp any City of Virginia Beach The Chesapeake and Potomac Telephone Company of Virginia Type .o.f Facility 'Electrical Water Communication ITEM #5332 On motion by Councilman.Gardner, seconded by Councilman Malbon, a;nd by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, George R. FErrell, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Water£ield, Jr. Nays: None Absent: Mayor Robert B. Cromwell, Jr. and Councilman Clarence A. Holland. ae to an increase in the participation of departments in beneficial data processing programs, the Data Processing Bureau will have to go into a second shift. Therefore, City Council approved the establishment of three additional positions in the Data Processing Bureau to begin on January 1, 1973, those positions to be: 1 Keypunch Supervisor, 2 Keypunch Operators and approved total expenditures of $8,052, which would cover the remainder of the present fiscal year. Because the Data Processing Bureau is operated under a working capital fund, no funds are necessary for these expenditures. ITEM #5333 ~ On motion by Councilman Callis, seconded by Council'man Malbon, and by recorded vote as follows: II; Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. Murray 5{albon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Mayor Robert B. Cromwell, Jr. and Councilman Clarence A. Holland. [ty Council noted its intention to hold a closed meeting on December 11, ~72, for the purpose of discussing items permitted for discussion under ~ne Freedom of Information Act of the Commonwealth of Virginia. ITEM #5334 Mr. Sam Houston, Sr., representing the Council of Civic Organizations, appeared before City Council regarding the apparent problems Hampton Roads Sanitation District Commission ~s having with sewerage overflow at the Chesapeake and Elizabeth Plant. Mr. Houston requested Council to look into this matter; and Council advised that it would do so. ITE~4 #5335 On motion by Councilman Callis, seconded by Councilman Baum the meeting adjourned. ' Ric~.Srd~j. ~on, City ~t'y of Virginia Beac.h, ~rgini a Clerk /R6b~er~ B:' c rokw' if,' ~ir~., ~,layoz:,-" ' December 4, 1972 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA December 11, 1972 The regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers in the Administration Building in the Borough of Princess Anne, on Monday, December 11, 1972, at 2:00 p.m. The invocation was given by the Reverend Father Francis V. Bambrick, Star of the Sea Catholic Church, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. ITE~I #5336 Mr. R. L. Riggs on behalf of the Fraternal Order of Police Association Lodge No. 8 of Virginia Beach, acknowledged Officer Stanley F. Bennett of the Virginia Beach Police Department as their choice for their Annual ~{eritorious Service Award, which is presented to the most outstanding police officer in the City of Virginia Beach for service above and beyond the call of duty. Mr. Riggs then presented Officer Bennett with a hunting rifle from the member. of the Fraternal Order of Police Association Lodge No. 8. On behalf of the City of Virginia Beach and the City Council, ~ayor Cromwell congratulated Officer Bennett on his receipt of this award. ITE~{ #5337 On motion by Councilman Gardner, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the Minutes of the Regular Meeting of December 4, 1972, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject minutes before him. ITEM #5338 On motion by Councilman Ferrell, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice ~ayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Ab'sent: None City Council approved a correction to the Minutes of November 20, 1972, Item #5280. ITEM #5339 On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council appointed from the Health Department Mr. James Bernhardt to the Board of Plumbing Examiners to serve during his term of employment, beginning January 1, 1973. ITEM #5340 On motion by Vice Mayor Ervin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council appointed Mr. Percy Caton, Plumbing Inspector, to the Board of Plumbing Inspectors to serve during his term of employment, beginning January 1, 1973. ITEM # 5341 On motion by Vice Mayor Ervin, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council reappointed Mr. R. D. Creef to the Board of Plumbing Examiners for a two (2) year term beginning January 1, 1973 and expiring December 31, 1974. ITEM #5342 On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows: ~--Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None' Absent: None City Council appointed Mr. E. Donald Wynn to the Board of Plumbing Examiners for a term of two (2) years, beginning January 1, 1973 and expiring December 1974. ITEM #5343 Councilman Ferrell nominated Mr. Harry Partridge for appointment to the Board of Plumbing Examiners. The nomination was seconded by Councilman Rhodes. Vice Mayor Ervin nominated Mr. Sterling Montgomery and Mr. S. W. Venable for appointment to the Board of Plumbing Examiners. These nominations were seconded by Councilman Gardner. THERE BEING TWO POSITIONS TO BE FILLED BY CITIZENS NOT ASSOCIATED WITH THE --CITY GOVERNMENT AND NOT ENGAGED IN THE PLUMBING TRADE, THE FOLLOWING ~ECORDED VOTE INDICATED WHICH TWO OF THE THREE NOMINEES EACH COUNCILMAN ~NTED APPOINTED: Councilman Baum -- Mr. Montgomery and Mr. Venable Councilman Callis -- Mr. Venable and Mr. Partridge Mayor Cromwell -- Mr. Montgomery and Mr. Venable Vice Mayor Ervin -- Mr. Montgomery and Mr. Venable Councilman Ferrell -- Mr. Montgomery and Mr. Partridge Councilman Gardner -- Mr. Montgomery and Mr. Venable Councilman Holland -- Mr. Montgomery and Mr. Partridge Councilman Malbon -- Mr. Montgomery and Mr. Venable Councilman Payne -- Mr. Montgomery and Mr. Venable Councilman Rhodes -- Mr. Montgomery and Mr. Partridge iouncilman Waterfield -- Mr. Montgomery and Mr. Partridge ABSENT: None Mr. Montgomery had ten votes, Mr. Venable had'seven votes and Mr. Partridge had five votes. City Council appointed Mr. Sterling Montgomery and Mr. S. W. Venable to the Board of Plumbing Examiners for two (2) year terms beginning January 1, 1973 and expiring December 31, 1974. ITEM #5344 On motion by Councilman Holland, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council made the following appointments to the Mental Health and Mental Retardation Services Board of Virginia Beach: FOR A TERM OF ONE (1) YEAR BEGINNING JANUARY 1, 1973 AND EXPIRING DECEMBER 31~ 1973: Dr. Burton W. Ashman Mr. Joseph Crosswhite, Jr. Mrs. Emma Hairston Dr. Madge May FOR A TERM OF TWO (2) YEARS BEGINNING JANUARY DECEMBER 31, Mr. E. Bruce McGuire Mr. Gilbert H. Smith~ Mrs. Grover Wright. 1973 AND EXPIRING FOR A TERM OF THREE (3) YEARS BEGINNING JANUARY 1, 1973 AND EXPIRING DECEMBER,, 31~ 1975: Mr. David Eckhardt Rev. John Jordan Mrs. Phillip Russo ITEM #5345 On motion by Councilman Malbon, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., ~.~ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council reappointed Mr. William H. Cleaves to the Planning Commission for a four (4) year term, beginning January 1, 1973, and expiring December 31, 1976. ITEM #534§ Councilman Rkodes made a motion, which was seconded by Councilman Waterfield, to defer considerati~on of appointments to the School Board for one week. Recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., George R. Ferrell, Clarence A. Holland, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, D. Murray Malbon, and J. Curtis Payne. Absent: None rhe motion was not carried. ITEb{ #5347 Councilman Payne nominated Mr. Robert DeFord for appointment as an ,'At Large" member to the School Board. The nomination was seconded by Councilman Rhodes. Councilman Baum nominated Dr. John A. Mapp for appointment as an "At Large" member to the School Board. The nomination was seconded by Councilman Gardner. Councilman Rkodes nominated Dr. Charles Fletcher for appointment as an "At Large" member to the School Board. The nomination was seconded by Councilman Ferrell. THERE BEING TWO "AT LARGE" SEATS TO BE FILLED ON THE SCHOOL BOARD, THE FOLLOWING RECORDED VOTE INDICATED WHICH TWO OF THE THREE NOMINEES EACH COUNCILMAN WANTED APPOINTED: Councilman Baum -- Mr. DeFord and Dr. Mapp Councilman Callis -- Mr. DeFord and Dr. Mapp Mayor Cromwell -- Mr. DeFord and Dr. Mapp Vice Mayor Ervin -- Mr. DeFord and Dr. Mapp Councilman Ferrell -- Mr. DeFord and Dr. Fletcher Councilman Gardner -- Mr. DeFord and Dr. Mapp Councilman Holland -- Mr. DeFord and Dr.. Mapp Councilman Malbon --Mr. DeFord and Dr. Mapp Councilman Payne -- Mr. DeFord and Dr. Mapp Councilman Rhodes -- Mr. DeFord and Dr. Fletcher Councilman Waterfield -- Mr. DeFord and Dr. Fletcher ABSENT: None Mr. PeFord had eleven votes, Dr. Mapp had eight votes and Dr. Fletcher had three votes. City Council appointed Mr. Robert DeFord and Dr. John A. ~app as "At Large" --members to the School Board for three (3) year terms beginning January 1, [973 and expiring December 31, 1975. ITEM # 5348 Councilman Holland nominated Dr. Charles Fletcher for appointment as the Lynnhaven Borough representative on the School Board. The nomination was seconded by Councilman Rhodes. Councilman Gardner nominated Mr. Edward Caton for appointment as the Lynnhaven Borough representative on the School Board. The nomination was seconded by Councilman Baum. THERE BEING ONE "LYNNHAVEN BOROUGH" SEAT TO BE FILLED ON THE SCHOOL BOARD, ,-.THE FOLLOWING RECORDED VOTE INDICATED WHICH OF THE TWO NOMINEES EACH COUNCILMAN WANTS APPOINTED: Councilman Baum -- Mr. Caton Councilman Callis -- Dr. Fletcher Mayor Cromwell -- ~{r. Caton Vice Mayor Ervin -- Mr. Caton Councilman Ferrell -- Dr. Fletcher Councilman Gardner -- Mr. Caton Councilman Holland -- Dr. Fletcher Councilman Malbon -- Mr. Caton Councilman Payne -- Mr. Caton Councilman Rhodes -- Dr. Fletcher Councilman Waterfield -- Dr. Fletcher ---~BSENT: NONE .4r. Caton had six votes and Dr. Fletcher had five votes. City Council appointed Mr. Edward Caton as the Lynnhaven Borough representa- tive on the School Board for a three year term beginning January 1, 1973 and expiring December 31, 1975. ITEM #5348 On motion by Councilman Baum, seconded by Councilman Waterfield and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H'. Rhodes and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council appointed Mr. Ralph Frost as the Blackwater Borough representa- tive on the School Board for a three (3) year term beginning January 1, 1973 tnd expiring December 31, 1975. ITEM #5349 On motion by Councilman Gardner, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. ~urray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None "-.bsent: None 'ity Council reappointed Vice Mayor Ervin and ~r. Albert Gomez to the Tidewater Stadium Authority. Vice Mayor Ervin's term is for two (2) years beginning January 1, 1973 and expiring December 31, 1974. Mr. Gomez's term is for four (4) years beginning January 1 1973 and expiring December 31, 1976 , ITEM #5350 Councilman Payne requested the City Attorney to prepare a resolution of commendation for Mr. E. Spencer Lott and Dr. Charles Fletcher for the service they have rendered during their tenure on the School Board. (COUNCILMAN PAYNE LEFT THE COUNCIL CHAMBERS) ITEM #5351 Application of Herbert Cashvan for a Use Permit to stable lO adjitional horses, totaling 20 horses, on certain property located on the East.side of Entrada Drive and the North side of Camino Real South, the Westiside of Tijuana Drive and the South side of Ranchero Road. Said property is known as Parcels "A", "X", "Y" and "Z", Lagomar Realty Development Company, Inc., Frank D. Tarrall, Jr., and Associates, June 1968 and contains 20.011 acres. (Lagomar Area). PRINCESS ANNE BOROUGH. The Planning Commission recommends approval of this request. Mr. F. J. Wilks appeared on behalf of the applicant. Mr. J, W. Timlin appeared in opposition to the above applicatio Mr..Henry Harrell appeared in opposition to the above application. On motion by Councilman Baum, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, ~,~ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield~ Jr. Nays: Councilmen Robert H. Callis, Jr. and George R. Ferrell. Absent: Councilman J. Curtis Payne. City Council denied the above application of Herbert Cashvan for a Use Permit to stable 10 additional horses, totaling 20 horses, on certain ~-Lroperty located on the East side of Entrada Drive and the North side of amino Real South, (Lagomar Area) Princess Anne Borough. City Council enied this application as it is harmful to the public health and detrimental to the property values in the surrounding area. ITEM #5352 Application of Jamaica Inn for a Use Permit for live entertainment on certain property located South of Haden Road and on the East side of Diamond Springs on certain property known as 1848 Diamond Springs Road and is also known as part of Parcel B-l, Subdivision of Parcel B, Property of Chris G. Christopoulos and Constantine G. Thomas by Baldwin and Gregg, February 7, 1964. {Diamond Springs. Area). BAYSIDE BOROUGH. The Planning Commission recomnends approval of this request. Mr. Owen Pickett appeared on behalf of the applicant. Mr. Sam Houston, Sr. appeared before City Council requesting that the above application and all other similar applications be deferred until such time as "Live Entertainment" can be defined. Mr. Grover Wright, representing the Innkeepers Association, appeared in opposition to the above application. On motion by Councilman Gardner, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes and Floyd E. Waterfield, Jr. Nays: Councilman Robert H. Callis. Absent: Councilman J. Curtis Payne. City Council deferred for a period of thirty (30) days the above applica- tion of Jamaica Inn for a Use Permit for live entertainment on certain property located South o£ ~aden Road and on the East side of Diamond Springs on certain property known as 1848 Diamond Springs Road and is also --~nown as part of Parcel B-l, Subdivision of Parcel B, Property of Chris G. ~hristopoulos and Constantine G. Thomas by Baldwin an8 Gregg, February 7, L964 (Diamond Springs Area) Bayside Borough. This application was deferred to allow the City Attorney an opportunity to determine if the City has jurisdiction over "live entertainment" and if so to prepare an ordinance defining same. ITEM #5353 Application of the Martinique Restaurant for a Use Permit for live entertain- 'merit om c~rtatn property located on the ~lorthwes-i;--c~r~er~ of Shore Drive and Kleen Street running a distance of 132 feet along the North side of Shore Drive, running a distance of 280 feet along the Western property line, running a distance of 155 feet along the Northern property line of which 57.~0 feet is the South side of Page Avenue, and running a distance of 280.17 feet along the West side of Kleen Street. Said parcel is known as Lots ll, 20, 21, and 22, Block 6, Plat of Lynnhaven Shores. (Lynnhaven Shores Area). LYNNHAVEN BOROUGH. Planning Commission recommends denial of this request. Very truly yours, Mr. Munden appeared on behalf of the above application. On motion by Councilman Gardner, seconded by Councilman Malbo.n, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. "-ity Council deferred for a period of thirty (30) days the above application f Martinique Restaurant for a Use Permit for live entertainment on certain ~roperty located on the Northwest corner of Shore Drive and Kleen Street said parcel is known as Lots 11, 20, 21 and 22, Block 6, Plat of Lynnhaven Shores (Lynnhaven Shores Area) Lynnhaven Borough. This application was deferred to allow the City Attorney an opportunity to determine if the City has jurisdiction over "live entertainment" and if so to prepare an ordinance defining same. ITEM #5354 Application of Dante1R. Pulley, Jr., for a Use Permit to construct 36 apart- ment units on certatn property beginning at ~pofnt 640 feet more or less Nest of Rudee Avenue, and runntng a dtstance of 135 feet more or less along the North side of Vtrgtnta Avenue, running a distance of 225 feet more or less along the Nestern property 11ne, runntng a distance of 250 feet more or less along the Northern property 1the and running a dtstance of 400 feet more or less along the Eastern property 11ne. Said parcel contains 1.3 acres more or less. (Shadowlawn Hetghts Area). LYNNHAVEN BOROUGH, The Planning Con~isston recon~ends approval of this request subject to a modification to 16 apartment untts provtded that an adequate dratnage plan for thts site can be provided. The motion for approval is further subject to City water and sewer required by the Health Department; the Recreation Department requests open space and recreational area; the Real Estate Division requires a dedication of 25 feet from the center line of the existing 30-foot right of way along the 135-foot more or less frontage on Virginia Avenue (a 10-foot dedication) and also a PS-foot dedication of right of way running a distance of 225 feet more or less along the western property line for the pro- posed extension of Indian Road. Engineering Division requires standard site plan requirements to inclutte pavement widening, curb and gutter, storm drains, sidewalks along Virginia Avenue and protective curbs (CG-2) shall be constructed along the perimeter of paved parking areas. The motion for approval suggests participation in school site acquisition. Mr. Edwin C. Kellam appeared on behalf of the applicant. Mr. J. J. Waterfield and Mr. Carey Holland appeared in opposition to the above application. On motion by Vice Mayor Ervin, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, .Ir., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None ~bsent: Councilman J. Curtis Payne. City Council deferred until December 28, 1972, the above application of Daniel ~. Pulley, Jr., for a Use Permit to construct 36 apartment units on certain property beginning at a point 640 feet more or less West of Rudee Avenue (Shadowlawn Heights Area) I.~ynnhaven Borough. ITF. M #5355 ~l~Pltratl(m et Celeste J. $mtth for a Use Pererlt to operate a day car~ center o. certatfl property ]ocated on ~ ~orth~est corner of South Lynn- haven I~ad and Prttchard Road, runntng a dtstance ot' 152.54 feet along the North stde of South Lynnhaven Road, runntng a dtstance of 197.07 feet more or less along the West stde of Prttchard Road, runntng a dtstance of 148.69 feet along the Northern property 11ne and running a dtstance of 190.91 feet along the Western property 11ne, Satd parce] contatns 0.67 acres more or less. (Ooyletown Area). LYNNHAVEN BOROUGH. __ The Planntng Coa~t ss ton recomends approval of thts request. 's. Celeste Smith appeared on behalf of her own application. On motion by Councilman Malbon, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H Rhodes and Floyd E. Waterfield, Jr. ' Nays: None Absent: Councilman J. Curtis Payne. City Council approved the above application of Celeste J. Smith for a Use Permit to operate a day care center on certain property located on the" Northwest corner of South Lynnhaven Road and Pritchard Road (Doyletown Area) Lynnhaven Borough. ITEM # 5356 Appiteatto~ of Paul Wllson& Oougias Thrasher for a Use Penntt to construct 248 aMrtmnt untts on certatn property located West o~T ~Td-b'~at Neck Road and North of Reagan Avenue, runntng a dtstance of 673.28 feet along the Eastern property 11ne of which 50.70 feet ts the Nest stde of Old Great Neck Road, runntng a dtstance of 1822.93 feet along the Southern property 11ne of which 196.20 feet ts the North stde of Reagan Avenue, runntng a dtstance of 666 feet along the Western property 11ne and runntng a dlstance of 1842.16 feet along the Northern property 11ne. Satd parcel contatns 17.375 acres more or less. (London Brtdge Area). LYNNHAV£N BOROUGH. The Planntng Co~tsslon reconeends approval of thts request subject to a modt- ftcatton to 208 apartment untts provtded the developer tnclude tn the leases of the apartments a clause to make the tenant aware that thts apartment complex ts sttuated tn Zone 3, Naval Att Statton Htgh Notse Level. The motion for approval also Included the requirement of standard stte plan improvements and the provision of additional entrances to Reagan Avenue and 01d Great Neck as requtred by £ngtneer- trig 01vision; the Nealth Department reclutres Ctty water and sewer; Parks and Recreation Department recon~nends that 15~ (three acres) be developed for rec- reation and open space; the morton for approval further suggests participation tn school site acqulsttton. The 5otl Conservation Offtce states that there ts a natural dratnageway wtth steep, htghly erodtble slopes tn the northwest corner of thts property. The dratnageway extends about 940 feet through the property, roughly paralleling and about 80 feet from the southern boundary. A topographic survey should be made and slopes and dratnageway protected. Mr. Grover Wright appeared on behalf of the applicant. ~ Capt. Mandeville, NAS Oceana, appeared in opposition to the above applica- tion as the subject property is located in "Noise Zone Three". On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes and Floyd ~. Waterfield, Jr. --ays: Councilman Robert H. Callis, Jr. bsent: Councilman J. Curtis Payne. City Council approved the above application of Paul Wilson and Douglas Thrasher for a Use Permit to construct 208 apartment units on certain pro- perty located West of Old Great Neck Road and North of Reagan Avenue, (London Bridge Area) Lynnhaven Borough; subject to the developer including in the leases of the apartments a clause to make the tenant aware that this apartment complex is situated in Zone 3, Naval Air Station High Noise Level; subject to the requirement of standard site plan improvements and the pro- vision of additional entrances to Reagan Avenue and Old Great Neck Road as required by the Engineering Division; subject to the applicant bearing the cost of any off-site traffic regulation equipment necessary due to the development; subject to the Health Department requirement of City water and sewer; subject to the development of 15% (three acres) of the subject pro- perty for recreation and open space as required by the Recreation Department; and further subject to participation in school site acquisition. The Soil Conservation Office states that there is a natural drainageway with steep, highly erodible slopes in the northwest corner of this property. The drain- ageway extends about 940 feet through the property, roughly paralleling and about 80 feet from the southern boundary. A topographic survey should be made and slopes and drainageway protected. ITEM #5357 ~ c~st~ct a 3untor Htgh Scnoo~ on ce~ln p~per~y u=~tn"~tt at a ~tnt 1~0 f~t ~ or less Eas~ of ]nde~ndence ~uleva~, aha ~nntng a d~stan~ of 1254,85 feet along the ~hern p~rty line of ~1ch 305,1~ f~t is ~he Sou~h stde of P~posed Nakefteld P~Ive, ~nn- 1ng a d{stan~ of 1078,11 fee~ along t~ ~s~e~ p~Y 1~, runntng a dtstance of 1501.63 feet along the Southern peo~r~y line a~ ~nntng a dts~nce of 6~ fee~ al~g ~he Eas~e~ p~ope~y 11ne. Sald pae~l con- ~tns ~4.955 a~s. (~o~~d Estates-Lake ~tth Te~ace Area). BAYS]OE ~R~. T~ Pl~nntng C~tsslon rec~s a~val of ~h~s ~quest sub~ec~ ~o sta~ stte plan ~qut~nts. On motion by Councilman Holland, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. ~-ity Council approved the above application of the City of Virginia Beach, zhool Board, for a Use Permit to construct a Junior High School on cef- tin property beginning at a point 1200 feet more or less East of Independence ~oulevard, and running a distance of 1254.85 feet along the Northern property line of which 505.14 feet is the South side of Proposed Wakefield Drive (Thoroughgood Estates-Lake Smith.-Terrace Area) Bayside Borough; subject to standard site plan requirements. (Councilman Callis left the Council Chambers) ITEM #5358 ~ Applt~tt°n of Dr. Richard S. Datley for a Use Permit for a veterinary medical clinic on certain property located aE'~'t' of 'i~dependence Boulevard and North of Pembroke Boulevard in that portion of Pembroke Meadows Shopp- ing Center knovm as 4504 Pembroke Meadows Shopping Center. (Pembroke Meadows Area). BAYSIDE BOROUGH. The Planning C~tssion recommends approval of this request. ~n motion by Councilman Holland, seconded by Councilman Waterfield, and by ecorded vote as follows: ---- ~s: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. ;: None nt: Councilmen Robert H. Callis, Jr. and J. Curtis Payne. t~Y Council approved the above application of Dr. Richard S. Dailey for a Use Permit for veterinary medical clinic on certain property located East of Independence Boulevard and North of Pembroke Boulevard in that portion of Pembroke Meadows Shopping Center known as 4504 Pembroke Meadows Shopping Center, (Pembroke Meadows Area) Bayside Borough; subject to the applicant not having any outside kennels. ITEM #5359 APPl~C&tton of Sandbox Restaurant, Inc., T/A Me-O-My Restaurant for a Us_~e Permit for ltve entertainment on certain property located on the Northeast cbrne~r of Vlrgtnta Beach Boulevard and Pacific Avenue. Said parcel is known as 230 Virginia Beach Boulevard. VIRGINIA BEACH BOROUGH. The Planning Caa~nlsston recoranends approval of this request. Mrs. Shirley Bracey appeared on behalf of the application. On motion by Councilman Gardner, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert H. Callis, Jr. and J. Curtis Payne. ~ity Council deferred for thirty (30) days the above application of Sandbox estaurant, Inc., T/A Me-O-My Restaurant for a Use Permit for live entertain- ment on certain property located on the Northeast corner of Virginia Beach Boulevard and Pacific Avenue; said parcel is known as 230 Virginia Beach Boulevard, Virginia Beach Borough. This application was deferred to allow the City Attorney an opportunity to determine if the City has jurisdiction over "live entertainment" and if so to prepare an ordinance defining same. ITEM # 5360 Applt~tton of Vtrgtnta Beach Imported Automobiles, Ltd., and Diamond Indus- trtal Park by Grover C. Wrlght, Attorney, for a Use Permtt for new and used motor vehtcle sales and servlce (repairs) on certa--Tn property located on the Southwest corner of 2lst Street (Virginia Beach-r(orfolk Expressway Exit) and Lee Street, running a distance of 230.68 feet along the South side of 21st Street, running a distance of 94.33 feet along the West side of Lee Street, running a distance of 233.66 feet along the Southern property line and running a distance of 174.72 feet along the Western property line. VIRGINIA BEACH BOROUGH. The Planning Commission recomnends approval of this request subject to City w~ter and sewer required by the Health Department and the Engineering Division reqmtrt~s standard site plan requirements. Mr. Grover Wright appeared on behalf of the applicant. On motion by Councilman Gardner, seconded by Councilman b~albon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, ~ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert H. Callis, Jr. and J~ Curtis Payne. City Council approved the above application of Virginia Beach Imported Automobiles, Ltd., and Diamond Industrial Park for a Use Permit for new and used motor vehicle sales and service (repairs) on certain property located on the Southwest corner of 21st Street (Virginia Beach-Norfolk Expressway Exit) and Lee Street, Virginia Beach Borough; subject to City water and sewer as required by the Health Department and standard site plan requirements as required by the Engineering Division. ITEM #5361 ~ppllcatto. of Terry Corporation of Vtrgtnta for a Use Pen~tt to construct a W IXMl)tng mtatton on certatn property locatecT~t the-SOUtheast cornee of Ttm~erlake Ortve (Proposed) and Lobloll~, Lane (Proposed) tn Ttmberl&ke Planned Untt Development, Sectton One; satd parcel betng 55 feet more or less by 60 feet more or less, (Ttmber]ake Area). KEIqPSVZLLE BORC)U~H, The Planntng Co~tsston reconeends approval of thts request subject to standard stte plan requtreeonts to tnclude a paved access drtveway as requtred by the Engtrmerlng 0tvlsto~ and Publlc Utilities Otvtston requtres standard sewer agremmet. Mr. Basguier appeared on behalf of the applicant. On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert H. Callis, Jr. and J. Curtis Payne. Abstain: Councilman Donald H. Rhodes City Council approved the above application of Terry Corporation of Virginia for a Use Permit to construct a sewage pumping station on certain property located at the Southeast corner of Timberlake Drive (Proposed) and Loblolly Lane (Proposed) in Timberlake Planned Unit Development, Section One; said parcel being 55 feet more or less by 60 feet more or less (Timberlake Area) Kempsville Borough; subject to standard site plan requirements to include a ~ -paved access driveway as required by the Engineering Division and further subject to a standard sewer agreement as required by the Public Utilities Division. (COUNCILMAN CALLIS RETURNED TO THE COUNCIL CHAMBERS) ITEM #5362 On motion by Councilman Holland, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. City Council approved on first reading the following Ordinance to amend and reordain Ordinance No. 399 pertaining to real estate exemptions for qualified property owners and prescribing conditions under which such tax may be granted CITY OF VIRGINIA BEACH (ORDINANCE APPOINTING VIEWERS AN ORDINANCE APPOINTING VIEWERS ON APPLICATION FOR VACATION AND DISCONTINUANCE OF AN UNNAMED STREET LOCATED EAST OF RICHLAND DRIVE BETWEEN LOTS 13 AND 14, AVALON HILLS, BOROUGH OF KEMPS- VILLE, CITY OF VIRGINiA BEACH, VIRGINIA WHEREAS, pursuant to the authority contained in, and in accord- ance with the manner prescribed for the institution of proceedings for the vacation of a street by, Code of Virginia, §15.1-364, there has this day been presented to the Council of the City of Virginia Beach, Virginia, the application of J. L. Doughtie and Cecil I4. Frizzel, by counsel, for the vacation and discontinuance of an.unn'amed street hereinafter described, and in accordance with the procedure prescribed by such section for the conduct of such proceedings, that the Council appoint viewers to view such street and report to the Council their opinion whether, any if any, what inconvenience would result from discontinuing the street; and WHEREAS, in conformity with the procedures prescribed by said section at least 10 days notice of the intended application has been posted at the Court 14ouse of the Circuit Court of the City of Virginia Beach, Va., and at two public places in the City of Virginia Beach, Va.; NOW, THEREFORE, BE IT ORDAINED, that in conformity with the procedure set forth in Code of Virginia, §15.1-364, for the institution and conduct of proceedings for the vacation of a street, J. N. McClanan George L. Hanbury , and Charles C. Carrington be, and they hereby are, appointed VIEWERS to view the street and report in writing to the Council on or before Jan. 22 , 1979 whether in their opinion, and if any, what, inconvenience would result from discontinuing the same; and that further such viewers be, and they hereby are, allowed the sum of $10.00 each for their services, such sums to be paid to such viewers. CATON 8: WRIGHT ATTORNEYS AT LAW VIRGINIA BEACH, VA. ITEM #5363 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid £rvin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. --'ity Council adopted the following Ordinance appointing Viewers relative :o closing Station Street in Kempsville Borough: ORDINANCE APPOINTING VIEWERS WHEREAS, Larry E. Walter and Rebecca Garrison Walter, husband and wife, et als, have given due and proper notice, in accordance with the statutes for such cases made and provided, that they would, on this day, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of viewers to view the below described property and report in writing to the Council whether, in the opinion of said viewers, any, and if any, what inconvenience would result from the discontinuing of the hereinafter described Station Street in the City of Virginia Beach, Virginia, and has filed such application'with the said Council NOW, THEREFORE, be it ordained by the Council of the City of Virginia Beach, Virginia: That Mr J. N McClanan, b{r. George L Hanbury, and Charles C. Carrington are hereby appointed to view the below described property and report in writing to the Council on or before 1972, whether in their opinion, any, and if any, what inconvenienc~ would result from the discontinuing, closing and vacating of the said Station Street, located in the City of Virginia Beach and ' described as follows: That certain road, known as Station Street, as set out in red on the plat entitled "Subdivision of 'College Park' Section Two", duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 76, at page 47, and with reference to said plat being more particularly bounded and described as follows, to-wit: Beginning at a point in the eastern line of College park Boulevard as shown on said plat, which point also marks the southwestern corner of the area marked "Greenbelt 'K'" on said plat, and from said point of beginning running thence along the southern line of said Greenbelt K, which line ~s also the northern line of Station Street, on a course N. 62° 57' OS" East a distance of 85S.78 feet to a point marking the northeast corner of Station Street; thence turning and running across Station Street on a course S. 29© 15' 00" East a distance of 50.02 feet to a point marking the southeast corner of Station Street; thence turning and running along the southern line of Station Street on a course S. 62° 57' 05" West a distance of 926.55 feet, more or less, to the southwest corner of Station Street, where the same is marked by the intersection of the southern line of Station Street with the western line of College Park Boulevard; thence turning and running along the said western line of College Park Boulevard on a curve to the right, having a radius of 1954.86 feet, an arc distance of 50.02 feet, more or less, to a point in the western line of College Park Boulevard; thence turning and running across said College Park Boulevard on a course N. 62° 37' 05" East a distance of 90.75 feet to the point of beginning. ITEM #5364 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. City Council adopted the following Ordinance appointing Viewers relative to closing an unnamed street east of Richland Drive in Kempsville Borough: The unnamed street is described as follows: The unnamed street located east of Richland Drive between Lots 13 and 14, Avalon Hills, running in an easterly direction a distance of 120 feet more or less, in the Borough of Kernpsville, in the City of Virginia Beach, Virginia, as shown on plat of Avalon Hills in Map Book 49, at page 48. ITEM #53§5 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. City Council adopted the following Ordinance appointing Viewers relative to closing a portion of Beryl Avenue in Kempsville Borough: CITY OF VIRGINIA BEACH (ORDINANCE APPOINTING VIEWERS AN ORDINANCE APPOINTING VIEWERS ON APPLICATION FOR VACATION AND DISCONTINUANCE OF A PORTION OF BERYL AVENUE LOCATED SOUTH OF BARCO DRIVE AND RUNNING IN A SOUTHERLY DIRECTION A DISTANCE OF 112.98 FEET, PLAT OF AVALON HILLS, MAP BOOK 49, PAGE 48, BOROUGH OF KEMPSVILLE, CITY OF VIRGINIA BEACH, Va. WHEREAS, pursuant to the authority contained in, and in accordance with the manner prescribed for the institution of proceedings for the vacation of a street by, Code of Virginia, §15.1-364, there has this day been presented to the Council of the City of Virginia Beach, Virginia, the application of L. R. Mizzel and George W. Lucy, by counsel, for the vacation and dis- continuance of a portion of a street hereinafter described, and in accordance with the procedure prescribed by such section for the conduct .of such pro- ceedings, that the Council appoint viewers to view such street and report to the Council their opinion whether, any and if any, what, .inconvenience would result from discontinuing the street; and WHEREAS, in conformity with the procedures prescribed by said section at least 10 days notice of the intended application has been posted at the Court House of the Circuit Court of the City of Virginia Beach, Va., and at two public places in the City of Virginia Beach, Va.; NOW, THEREFORE, BE IT ORDAINED, that in conformity with the procedure set forth in Code of Virginia, §15.1-364, for the institution and conduct of proceedings for the vacation of a street, J. N. McClanan , George L. Hanbury , and charles C carrington be, and they hereby are, appointed VIEWERS to view the street and report in writing to the Council on or before January 22 ,1975, whether in their opinion, and if any, what, inconvenience would result from discontinuing the same; CATON & WRIGHT ATTORNEY~ AT LAW VIRGINIA BEACH. VA. and that further such viewers be, and they hereby are, allowed the sum of $10.00 each for their services, such sums to be paid to such viewers. The portion of the street is described as follows: That portion of Beryl Avenue located south of Barco Drive and running in a southerly direction a distance of 112.98 feet, as shown on plat of Avalon Hills, Map Book 49, page 48, Borough of Kempsville, in the City of Virginia Beach, Virginia. On motion hy Councilman Rhodes, recorded vote as follows: ITEM #5366 seconded by Councilman Gardner, and by Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None '-')sent: Councilman J. Curtis Payne. ~ity Council adopted the following Ordinance appointing Viewers relative to closing a portion of Josephine Crescent in Kempsville Borough: CITY OF VIRGINIA BEACH (ORDINANCE APPOINTING VIEWERS AN ORDINANCE APPOINTING VIEWERS ON APPLICATION FOR VACATION AND DISCONTINUANCE OF A PORTION OF JOSEPHINE CRESCENT LOCATED AT THE SOUTHERN EXTREMITY OF THE CUL-DE-SAC OF JOSEPHINE CRESCENT, BOROUGH OF KEMPSVILLE, CITY OF VIRGINIA BEACH, VA. WHEREAS, pursuant to the authority contained in, and in accord- ance with the manner prescribed for the institution of proceedings for the vacation of a street by, Code of Virginia, §15.1-364, there has this day been presented to the Council of the City of Virginia Beach, Virginia, the application of Warren J. O'Connell and Vivian HaddOck for the vacation and discontinuance of a portion of a street hereinafter described, and in accordance with the procedure prescribed by such section for the conduct of Such proceedings, that the Council appoint viewers to view such street and report to the Council their opinion whether, any and if any, what, inconvenience would result from discontinuing the portion of the street; and WHEREAS, in conformity with the procedures prescribed by said section at least 10 days notice of the intended application has been posted at the Court House of the Circuit Court of the City of Virginia Beach, Va., and at two public places in the City of Virginia Beach, Va.; NOW, THEREFORE, BE IT ORDAINED, thai in conformity with the procedure set forth in Code of Virginia, ~15.1-364, for the institution and conduct of proceedings for the vacation of a street, Mr. J. Hanbur)and C. C. Carrington be, and they hereby are, appointed to view the street and report in writing to the Council on or before 1972, whether in their opinion, and if any, what, inconvenience would result from discontinuing the same; and thai further such view,rs be, and they hereby are, allowed the sum of $10.00 each for their services, such sums to be paid to such viewers. N. McClanan, VIEWERS The portion of the street is described as follows: A portion of Josephine Crescent located at the southern extremity of the cul-de-sac of Josephine Cresent, said parcel is described as running a distance of 60 feet more or less along the northern property line, running a distance of 25 feet more or less along the eastern property line, running a distance of 70 feet more or less along the southern property line, and running a distance of 5 feel more or less along the western property line, in the Borough of Kempsville, in the City of Virginia Beach, Virginia, as shown on plat of Avalon Hills in Map Book 49, at page 48. I TE~.~ #5368 On motion by Councilman Gardner, seconded by Councilman Malbon, and by · recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., MayOr Robert B. Cromwell, Jr., Vice Mayor F. Reid £rvin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. '--City Council authorized and directed the Director of Finance to pay the entire salaries and expenses of office for the Attorney of the Commonwealth, Treasurer, Commissioner of the Revenue and Sheriff and their respective employees and claim direct reimbursement from the Commonwealth for its proportionate share and further to forward a copy of this resolution to the State Compensation Board: The regular meeting of the Council of the City of Virginia Beach, Virginia, ~,Tas held in the Council Chambers of the Administra- tion Building of the City on December 11, !972, at 2:00 P.M. On motion by Mr. Gardner and. seconded by fir. Malbon the follo~,~ing resolution was unanimously adopted: RESOLUTION WREREAS, the 1972 Session of the General Assembly amended Sections 14.1-63 and. 14.1-79 of the Code of Virginia to permit cities to pay the full salaries and expenses of Constitutional Officers and obtain subsequent direct reimbursements from the Commonwealth for the state's part and, ~FREREAS, the present procedure, whereby the state and city pay their respective shares of salaries and expenses direct to the employees, tend~ to cause confusion to the employees in determining gross salary for tax purposes and., I.~EREAS, as an administrative procedure, it is considered more expeditious for the city to pay the entire salaries and expenses for later reimbursement by the Common?~ealth for its proportionate share, NOW, THEREFORE, ~oE IT RESOLVED by the City Council of the City '~ the of Virginia Beach that, effective January ], 1973 and tn_reafter, Director of Finance is authorized and directe~ to pay the entire salaries and expenses of office for the Attorney of the Commonwealth, Treasurer, Commissioner of the Revenue and S~=rm~f and tne_~ respecti employees and. claim direct reimbursement from the Co~monv~ealth for it. proportionate sh~re and. furthe~ to forward a copy of this resolution to the State Compensation Board. ITEM #5369 'On motion by Councilman Holland, seconded by Councilman Callis and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr , ~{ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon Donald H. Rhodes, and Floyd E. Waterfield, Jr. ' Nays: None --4bsent: Councilman J. Curtis Payne. City Council adopted the following Resolution authorizing the City Manager to enter into agreements with other political subdivisions of the Southeastern Planning District 20 for those joint regional projects that do not require appropriation of local funds: RESOLUTION WHEREAS, in order for political subdivisions within the Southeastern Virginia Planning District to implement operational projects that provide services to district members; and WHEREAS, each District political subdivision is, therefore, called upon to submit and administer regional or joint Federal and State grants in aid on behalf of other political subdivisions; and WHEREAS, Section 15.1-21 of the Code of Virginia requires that any two or more political subdivisions enter into agreements with one another for joint or cooperative action, such as the operational projects of the United Drug Abuse Council and the Florence Crittenden Services, Inc.; and WHEREAS, the City of Virginia Beach desires to actively participate in such regional Federal and State grant in aid projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the City Manager of Virginia Beach is hereby authorized to enter into agreements with other political subdivisions of Planning District 20 for those joint regional projects that require no 'local funds be appropriated. ITEM #5370 On motion by Councilman Waterfield, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and, Floyd E. Waterfield, Jr. Nays: None __Absent: Councilman J. Curtis Payne. 'ity Council awarded contracts 14A and 14B for the construction of certain .dater transmission mains to the low bidders A & W Contractors for the following bids: Contract 14A--$415,743.10 Contract 14B--$153,634.50 ITEM #5371 On motion by Councilman Waterfield, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd £. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. ~n November 5, 1972, the rescue truck used by the Virginia Beach Borough :ire Department was demolished in an accident; therefore, City Council approved an appropriation in the amount of $4,000. to be used in conjunction with the City's insurance check for the purchase of a replacement truck. ITEM #5372 On motion by Councilman Callis, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd £. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. City Council approved the refund of the $25,000 good faith deposit of McLeskey-Cohen Associates on Parcel "A" in the Rudee Inlet basin to be replaced by a promisory note or bid bond acceptable to the Law Department. ITEM #5373 On motion by Councilman Holland, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None A__bsent: Councilman J. Curtis Payne. ~ requested by the City of Virginia Beach, the State Highway Department ~$ prepared to transfer to the City's ownership the borrow pit area known as Borrow Pit lB, lying on the north side of the Toll Road in the Fair Meadows, Boulevard Manor area of the City of Virginia Beach. Therefore, City Council approved an appropriation in the amount of $2,850 to cover the cost of this acquisition. ITEM #5374 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. qity council adopted the following Resolution requesting the City of Norfolk ~o make connections and to furnish water through a proposed water system ocated at Indian Lakes, Section B-I, Kempsville Borough: ITEM #5375 On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd £. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. City Council voted to cancel its regular meeting of December 25, and January 1, as they fall on Christmas Day and New Years Day and noted its intention to hold a Council Meeting on December 28, 1972 (Thursday). ITEM #5376 .~ On motion by Councilman Callis, seconded by Councilman Waterf~eld, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., ~ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Curtis Payne. '----ity Council noted its intention to hold a closed meeting on December 18, .972, for the purpose of discussing iterms permitted for discussion under :he Freedom of Information Act of the Commonwealth of Virginia. ITEM #5377 On motion by Councilman Rhodes, seconded by Councilman Waterfield, Council adjourned into Executive Session. ITEM #5378 City Council reconvened into Formal Session and adjourned. Rickard J. W.~bon, ClAy erk ---City of Virginia Beach, firginia December 11, 1972 RObert B. Cromwell, Jr., Mayor '.': : . . f i7 :..>'\ 'o'..:, (]O'Ut.q.C i.J.JiOii , (,;ti2 /'~,... ,:,~. ...... > · ., :, , :. . - - Watc:rf~eld, I~']~'-~.] t? r :,,,n CITY OF VIRGINIA BEACH (ORDINANCE OF VACATION AN ORDINANCE VACATING'AND DISCONTINUING a 15-FOOT ALLEY RUNNING NORTH AND SOUTH, IN BLOCK 17 BETWEEN' MARYLAND AND VIRGINIA AVENUES, PLAT OF CROATAN BEACH,. lVIAP BOOK 24, PAGE 37, BOROUGH OF LYNNHAVEN, CITY OF VIRGINIA BEACH, VA. W'HEREAS, proper notice of the intended application of Alvin D. Doxey, Jr. to be presented to the City Council of the City of Virginia Beach on the 27ih day of Noveml~e~.', 1972, and for the vacation of the hereinafter described alley in the City of Virginia Beach, Virginia, was on the 16thday of November, 1972, duly posted at the Court House of the Circuit Court of the City of Virginia Beach, Virginia, and at two other public,places in the City of Virginia Beach, Virginia, in confor..rnity with the manner prescribed by Code of Virginia, §15.1-364, for the institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council of the City of Virginia Beach on the llth day of December, 1972, and in conformity with the manner prescribed by Code of Virginia, §15.1-364, for the conduct of such proceedings, the City. Council of the City of Virginia Beach, Virginia, on the ~8thday of December, 1972, which was more than 10 days after posting notic~e ~of the intended~ app]ication as aforesaid, appointed C'~ C'.- carrin~to~]~ J.'-N. McClar~an , and - "G. L'.' HanbUrY,~ II , as viewers to view such street and report in writing whether in their opinion, any, and if any, what, inconvenience would result from discontinuing the same, and the viewer, s have made such report to the City Council of the City of Virginia Beach, Virginia; and WI-IEREAS, from such report and other evidence, and aft%r notice to the land proprietors affected thereby, along the street proposed to be CATON & WRIGHT ATTORNEYS AT LAW VII~GINIA BEACH, VA. vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by law, and that the said street should be vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED by the Council of the , City of Virginia Beach, Virginia: 1. That the following described street, in the Borough of Lyrmhaven, City of Virginia Beach, Virginia, be, and the same hereby is, vacated and discontinued: All that certain alley in Lynnhaven Borough, in the City of Virginia Beach, Virginia, shown as a 15-foot alley between Virginia and Maryland Avenues, running north and south in Block 17, Plat of Croatan Beach, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in T¥Iap Book 24, at page 37. 2. This ordinance shall be in effeci from and after thirty (30) days from the date of its adoption. 3. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded, and indexed in the name of the City of Virginia Beach in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicant, Alvin D. Doxey, Jr. fl : MINUTES OF THE tlONORABLE CITY COUNCIl; OF TIlE CITY OF VIRGINIA BEACfI, VIRGINIA Becember 28, 1972 ., meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers in the Administration Building in the Borough of Princess Anne, on Thursday, December 28, 1972, at 2:00 p.m. The invocation was given by Rabbi Phi].].ip Pincus, Temple Emanue!, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, .Jr. , Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. gardner, D. Hurray Malbon, J. Curtis Payne, Donald H. Rhodes; and Floyd E. Waterfield,~ Jr. Councilman absent: Clarence A. Holland. ITEM # 5409 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: '-'Tes: Councilmen. John A. Baum, Robert I1. Callis, Jr., Mayor Robert. B. ~-omwell, Jr., Vice .Hayor F. Reid Ervin, George R. Ferrell, Charles W. ~,lazo , j Curtis Payne, Donald H Rhodes, and Floyd .~dner, D. blu~-~ay ' '" on . · ~. Waterfield, Jr. Nays: None Absent: Councilman Clarence A. Holland. City Council approved the Minutes of the Regular .Meeting of December 18, 1972, and the reading of said Hinutes dispensed' with inasmuch as each Councilman had a copy of the subject minutes before him. ITEM #S4&0 ~, m,~.,,. Jr -For a llse Pm'u~i!. to consL¥'uct 36 di)~,, L Appti(.~=;~inn of Daniel ,~. ~.. p. lP~I'L uc~its an r-C,~"'L,a~'i~'l v. Ol~.~;'c,., ;)eqll!~:ii'ir~ % a pO'll~C (:/', 'ff(O~::t inOrr' or 'J~ss . ' ., t,~I ..... 07 the riu~ c}t s'ide of V'i"-':' ' ,., ]);'(:'i'er Ly at'iCi .. ' - ,-~. ...... ,~,~-, 'l'inc Sc. id pi~rcel '"- "- · more ur 'tess a'loilg the acre:; r,:n~'e or lc::,., k .....~*~'," -, ' fca" ~l~'i~' , 4;-,~ c:~",~ bi: ~q'nvicl..~ 'l'ii~: , t ,.~ t. I}.'P~'; ...." tit.':. ..... ';'.'' t0 C'i i., .... ; .... ' ' .... - . .- ' · ' : . :-,;-,, ,,~ F'i(,':~;. C?[ ~.'L"f G[O}I(.L ?.',17 [ ;'5-.',(':,1' l:i~;~ 0 0'7' i~'~ 5 ~:,-'~;~< ~ ~ [il i1' i'iii'~,~ ,.- t('~-'{'t;~L ,'~'";'ic,i::;~:i) ~'i~i ""'~ .,. ' , ',,'.'i I.:YOi;(:i'[~/ 't'i;:r' iOF l..}:; '.i'(," ' FI: ~/ :i".' :i'!~ ;i ~ ~, ~'::il'i.. ;",'." ,.':::' Mr. Edwin Ke]lam, Attorney for the applicant, requested that the above application be withdrawn. On motion by Councilman Waterfie]d, seconded by Councilman Rhodes, and by --~corded vote as follows: ~.es: Councilmen John A. Baum, Robert It. Callis, Jr., Mayor P~obert B. mromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. M~rray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Non6 Absent: Councilman Clarence A. Holland. City Council approved the withdrawal of the above application of Daniel R. Pulley, Jr. for a Use Permit to construct 36 apartment units on certain property beginning at a point 640 feet more or less West of Rudee Avenue, (Shadowlawn Heights Area) Lynnhaven Borough. ITEM # 5411 On motion by Vice ~ayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., ~{ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. ardner, D. Murray ~4albon, J. Curtis Payne, Do~ald H. Rhodes, and Floyd · Waterfield, Jr. Nays: None Absent: Councilman Clarence A. Holland. City Council approved on second reading the following Ordinance to amend and reordain Article II of Chapter 33 of the City Code and Ordinance No. 399 pertaining to real estate tax exemption for qualified property owners and prescribing conditions under which such tax exemption may be granted: ORDINANCE NO. AN ORDINANCE Ab~NDING AND REORDAIN- ING ARTICLE II OF CHAPTER 33 OF THE CITY CODE OF VIRGINIA BEACH BY ADDING SECTION 33-2.1 AND ORDINANCE NO. 399 THERETO PERTAINING TO REAL ESTATE TAX EXE~IPTION FOR QUALIFIED PROPERTY ~NERS AND PRESCRIBING CONDITIONS UNDER WHICH SUCH TAX EXE~TION MAY BE GRANTED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article II, chapter 33, of the City Code of Virginia Beach, be amended and reordained by adding the following: Section 33-2~1 Real estate tax exemption for certain · elderly persons: (a) Real estate tax exemption is provided for qualified property owners, who are not less than sixty-five years of age and who are eligible according to other terms of this section. Persons qualify- ing for exemption are deemed to be bearing an extraordinary real estate tax'burden in relation to their income and financial worth. (b) The exemption shall be administered by the City Manager or his authorized delegate, herein referred to as the "Administrator," according to the general provisions contained in this section. The~ Administrator is hereby authorized and empowered to prese~b~ adopt and enforce rules and regulations, including the requirement of answers under oath, as may be reasonably necessary to determine qualifications for exemption. The Administrator may require the production of certified tax returns and appraisal reports to establis~ income or financial worth. (c) Exemption shall be granted to persons subject to the following provisions: 1. The title to the property for which exemption is claimed is held, or partially held, on December 31 immediately preceding th~ taxable year by the person or persons claiming exemptic 2. The head of the household occupying the dwelling and owning title, or partial title, thereto, is sixty-five years or older on December 31 of the year immediately preceding the taxable year. Such dwelling must be occupied as the sole dwelling of the person or persons claiming exemption. 3. No applicant shall be entitled to exemption who has not been a resident of the City of Virginia Beach for tw~ years immediately preceding the request for exemption. 4. The total combined income of the owner or owners and the owners' relatives living in the heusehold during the year immediately preceding the taxable year shall be determined by the Administrator to be an amount not to exceed $4,000.00 excluding $1,500.00 of the total combined income of each relative living in the household. T6ta! combined income shall include all income from all sources of the owner and of the owner's relatives living in the dwelling for which exemption is claimed. "Owner" as used herein shall also be construed as "owners." 5. The net combined financial worth of the owner as of December 31 of the year immediately preceding the taxable year shall be determined by the Administrator to be an amount not to exceed $20,000.00. Net combined financial worth shall include the value of all assets, including equitable interests, of the owner, and of the spouse of any owner, excluding the fair market value of the dwelling and the land, not exceeding one acre, upon which it is situated and for which exemp- tion is claimed. (d) Annually, and not later than May 1, or such earlier date, after the first day of February of the taxable year, the person or persons claiming an exemption must file a real estate tax exemption affidavit with the Administrator. Such affidavit shall set forth, in a manner prescribed by the Administrator, the location, assessed value of the property and the names of the related persons occupying the dwelling for which exemption is claimed, their gross combined income, and their net cbmbined financial worth. If, after an audit and investigation, the Administrator determines that the person or persons are qualified for exemption, he shall deter- mine the percentage of exemption allowable and inform the City Treasurer, who shall deduct the amount of the exemption from the claimant's real estate tax liability. (e) Where~the person or persons claiming exemption c°nforms to the standards and does not exceed the limitations contained in this section, the tax exemption shall be as shown on the following schedule: TAX EXEMPTION _ TOTAL INcoME ALL SOURCES $ 0.00 to $1,000.00 $1,001.00 to $1,500.00 $1,501.00 to $2,000.00 $2,001.00 to $2,500.00 $2,501.00 to $3,000.00 $3,001.00 to $3,500.00 $3,501.00 to $3,650.00 $3,651.00 to $3,800.00 $3,801.00 to $4,000.00 (f) 100% 90% 80% 70% 60% 50% 40% 30% 20% Changes in respect to income, financial worth, ownership of property or other factors occurring during the taxable year for which the affidavit mentioned in subsection (d) above is filed and having the effect of exceeding or'vi°lating the limitations and/or conditions provided in this section shall nullify any relief of real estate tax liability for the then current taxable year and'the taxable year immediately following. (g) Any person or persons falsely claiming an exemption shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00, or confinement in jail not exceeding twelve months, or both. An emergency is deemed to exist and this ordinance is to be effective on and after January 1, 1973. First Reading: December 11, 1972 Second Reading: December 28, 1972 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2gth day of December , 1972. 1. For state law authorizing exemptions of or deferral of taxes on property of certain persons see Code of Virginia, Section 58-760.1 ITE~.~ #5412 City Council deferred until January 8, 1973, consideration of a Resolution pertaining to pari-mutual horse racing. ~ ITE~,~ ~!5413 --~n motion by Councilman Gardner, Seconded by Councilman ~albon, and by ecorded vote as follows: ~yes:~ Councilmen John A. Baum, Robert H. Callis, Jr., ~ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid. Ervin, George R. Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Donald. H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Clarence A. Holland. City Council approved on first reading the following Ordinance to amend and reordain Section 34-50 of the City Code pertaining to the maximum rate of fare for taxicabs: Requested by City Manager Ordinance No. AN ORDINANCE TO A~ND AND REORDAIN SECTION 34-50 OF THE CITY CODE RELATING TO THE MAXIPRYMP~TE OF FARE FOR TAXICABS m~ OF w~omv~v ^ BEACH: BE IT ORDA!~,rED BY THE ~m~ OF THE ~TY That Section 34-50 of the Code of the City of Virginia Beach be a:nended and reordained to read as. follows: 1. In line (a) delete "$0.50" and substitute therefor"$0.60" 2. In line (b) delete the words "one-fourth" and substitute therefor "one-fifth" First Reading: December 28, ]_972 Second Reading: Adopted by the Council of the City of Virginia Beach, Virginia,.on the day of , 1972. ITEM #5414 On motion by Councilman Gardner, seconded by Councilman Rhodes, and by recorded vote as follows: myes: Councilman John A. Baum, Robert. tt. Callis, Jr., b{ayor Robert B. romwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. ardner, D. b]urray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Clarence A. Holland. City Council accepted the low bid of Luke Construction Company in the amount of $161,175. for Contract 15-B for the construction of 17th Street water tank foundation. ITE~{ #5415 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callisj Jr., b{ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. b,lurray Malbon, J. Curtis Payne, Donald. H. Rhodes, and Floyd E. Waterfield, Jr. ays: None .bsent: Councilman Clarence A. Holland. City Council accepted the low bid of Paul N. Howard Company in the amount of $534,160. for Contract 16 for the construction of the Oceana Boulevard- General Booth Boulevard main. ITEM #5416 On motion by Councilman Payn.e, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., b~ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles I~. Gardner, D. Murray Malbon, J. Curtis Payne, Donald It. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent' Councilman Clarence A. }tolla~d. City Council extended for one year the advertising sgreement the City has witi~ Brand Edmonds Associates. ITEM ~t5417 On motion by Councilman Waterfield, seconded by Council. man Rhodes, and by recorded vote as follows: _~Ayes: Councilmen John A. Baum, Robert }t. Caltis, Jr., Mayor Robert B. romwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. ardner, D. Murray b4albon, J. Curtis Payne, Donald It. Rhodes, and Floyd Wa'terfield, Jr. Nays: None Absent: CGuncilman Clarence A. Holland. City Council authorized the City Manager to enter into a contract with the engineering firm of Marsh and Basgier to prepare plans for Phase 2 and 3 of Holland Road, extending from the Independence Boulevard termination to Shipps Corner Road. It is estimated that the fl..hal construction cost for this project, would be approximately $2 million, and the proposed engineer- ing fee would be 5.2% of the total construction cost. Funds are available from the 1972 bond issue. ITEM #5418 On motion by Vice Mayor Ervin, seconded by Councilman Payne, and by recorded vote as follows' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., ~ayor Robert B. ,.12romwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. ;ardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd ~. Waterfield, Jr. Nays: None Absent: Councilman Clarence A. Holland. City Council set the date of January 15, 1973, at 2:00 p.m., for a public hearing concerning the City's 1972 revenue sharing funds. ITEbl #5419 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, .Ir., ~layor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. 5lurray ~,~albon, J. Curtis Payne, 'Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent' Councilman Clarence A. Holland. '"ity Council approved a transfer in the amount of $3,000 from the City's eneral Revenue Funds to Parks and Recreation Personnel Account !~11020-150, ~nd an additional $3,000 to Parks and RecreatSon Travel Account #Il020--,0 for the SEVAMP program to senior citizens. These transfers are necessary so that the Cit~~ can advance the funds to the position of Coordinator of Sen~or Citizens Service Centers. The City will be reimbursed by SEVAS~P on a cju~rterly basis. , ITEM tt 54.20 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. --~ardner, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd Waterfield, Jr. ..ays: None Absent: Councilman Clarence A. Holland. City Counc'il noted its intention to hold a closed meeting! on ,January 8, 1973, for the purpose of discussing items permitted for discussion under the Freedom of Information Act of the Commonwealth of Virgini ITEM #5421 On motion by Councilman Gardner, seconded by Councilman P~yne, and by'unanimous vote, the meeting adjourned. '~ichard J. W~bbon, City Clerk ~Rc~b~e~'% ~-7~'lJromwell, Jr., Mayok City of Virginia Beach, ~-Uirginia .ecember 28, 1972 MINUT~.S OF ~HE tIONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA January 1.5, 1973 '-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 rinc'ess Anne, on Monday, January 15, 1973, at 2:00 p.m. The invocation was given by Reverend Fletcher Hutcheson, BaYside Presbyterian Church, ViTginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., ~ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Councilman absent: Floyd E. Waterfield, Jr. ITEH # 5422 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., ~aYor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.. Ferrell, Charles W. Gardner, Clarence A. Holland, D. ~lurray b~albon, J. Curtis Payne, and Donald tt. Rhodes. lays: None .~bsent: Councilman Floyd E. Waterfield, Jr. City Council approved the ~qinutes of the Regular Heeting of December 28, 1972. and the reading of said Minutes dispensed with inasmuch as each Councilman ha( a copy of the subject Minutes before him. ITEM #5423 Application of Sandbox Restaurant, Inc., T/A Me-O-My Restaurant for a Us__e_e Permit for live entertainment on certain property located on the Northeast ~orne-r of Virginia Beach Boulevard and Pacific Avenue. Said parcel is known as 230 Virginia Beach Boulevard. VIRGINIA BEACH BOROUGH. The Planning Commission recommends aPproval of this request. ' On motion by Councilman Gardner, seco~'~ded by Councilman Malbon, and by recorded vote as follows: /~s: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. £ )mwell, Jr., Vice Mayor F. Reid Ervin, George }I. Fe~*rell, Charles W. Gardner, £ trence A. Holland, D. M. urray Mai. ben, J. Curtis Payne, and Donald H. Rl~odes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr" City Council deferred until February 5, 1973 the above application of Sandbox Restaurant, Incorporated, T/A Me-O-My Restaurant for a Use Permit for live entertainment on certain property located on the Northeast corne~' of Virginia Beach Boulevard and Pacific Ave, hue. Sa~d parcel is known as 230 Virginia-B~i~cl Boulevard and i.s in the Virginia BeaclTM' Borough. . ITEM Application of Jamaica Inn for a Use Per~it for live entertainment on certain property located South of Haden Road and on 'the East side of Diamond Springs on certain property known as 1848 Diamond Springs Road and is also known as part of Parcel B-l, Subdivision of Parcel B, Property of Chris G. Christopoulos and Constantine G. Thomas by Baldwin and Gregg, February 7, 1964. (Diamond Springs Area). BAYSIDE BOROUGH. '-- The Planning Commission recommends approval of this request. 0.. motion by Councilman Gardner~ seconded by Councilman Malbon, and by recorded vote as follows: Ayes: .Councilmen John A. Baum, Robert tt. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Er.yin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council deferred until February 5, 1973, the above application of Jamaica Inn for a Use Permit for live entertainment on certain property located South 9~ Haden Road and on the East side of Diamond Springs on certain property known as 1848 Diamond Springs Road and is also known as part of Parcel B-I, Subdivision of Parcel B, Property of Chris G. Christopoulos and Constantine G. Thomas by Baldwin and Gregg, February 7, 1964. (Diamond Springs Area). Bayside Borough. ITEM #5425 Application of the Martinique Restaurant for a Use Permit for live entertain- ment on certain property located on the Northwest----co-met 'of Shore Drive and -- Kleen Street running a distance of 132 feet along the North side of Shore Drive, running a distance of 280 feet along the' Western-property line, running a distance of 155 feet along the Northern property line of which 57.50 feet is the South side of Page Avenue, and running a distance of 280.17 feet along the West side of Kleen Street. Said parcel is known as Lots ll, 20, 21, and 22,' Block 6, Plat of Lynnhaven Shores. {Lynnhaven Shores Area). LYNNHAVEN .BOROUGH. Planning Commission recommends denial of this request. ' htr. Munden requested that the application of Martinique Restaurant for a Use Permit for live entertainment on certain property located on the Northwesi corn ~-f Shore Drive and Kleen Street be withdrawn. On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows:' Ayes: Councilmen John A. Baumf Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Geor..ge R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. ~--~? Council approved the withdrawal of the above application of Martinique I ~taurant for a Use Permit for live entertainment on certain property located ¢** the Northwest corner o~--Shore Drive and Kleen Street running a distance of 132 feet along, the North side of Shore Drive and running a distance of 280.17 feet along the West side of Kleen Street. Said parcel is known as Lots 11, 20 21, and 22, Block 6, Plat of Lynnhaven Shores. (Lynnhaven Shores Area). Lynnhaven Borough. ITEM # 5426 ! Application of Whjtt G. Sesso~?;', Or., for a Use Permit for two!additional apart- ment units on certain property beginning at ~o~nt 56 feet East of Arctic Avenue, runnin§ a distance of 50 feet along the South side of 34th Street, running a distance of 140 feet along the Eastern property line, runnin¢ a distance of 50 feet alon§ the Southern property line and running a distance of 140 feet along the Western property line. Said parcel is known as tot 19, Block 107, Map No. 6, Virginia Beach Development Co., and contains 7000 square feet. VIRGINIA BEACH BOROUGH. P] anning Commi ss i on Recommeda ti on: A motion by ~he Planning Commission was passed for denial of a Use Permit for two additional apartment units as the two additional units on this parcel does not conform with the Beach Borough Development Plan whic)~ indicates 6 to 12 dwelling units per acre. The proposed request would present an equivalent den- sity of 31 dwelling units per acre. . .... Mr. WtLLtt G. Sessoms, Jr. appeared on behalf of his own' application.. On motion by Councilman Gardner, seconded by Councilman Callis, and by record~ recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ttolland,. D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. '-]ity Council denied the.above application of Whitt G. Sessoms, Jr., for a Jse Permit for two additional apartment units on certain property beginning at a point 50 feet East of Arctic Avenue, running a distance of $0 feet along the South side of 34th Street, running a distance of 140 feet along the Eastern property line, running a distance of 50 feet along the Southern property line and running a distance of 140.feet along 'the Western property line. Said parcel is known as Lot 19, Block 107, Map No. 6, Virginia Beach Development Company and contains 7,000 square feet;.VIRGINIA BEACH BOROUGH. City Council denied this application as the two additional units on this parcel does not conform.with the Beach Borough DevelOpment Plan which indicates 6 to 12 dwelling units per acre, and the proposed request would present an equivalent density of 31 dwelling units per acre. ITEM # 5427 Application of Harlis E. Powers by ThOmas C. Broyles, Attorney~ for a Use Permit to construct 12 apartment units on certain property beginning at a poinT30 feet East of Holly Road, running a distance of 100 feet along the North side of 33rd Street, running a distance of 140 feet along the Western property line, and runn-. ing a distance of 100 feet along the Northern property line and running a distance of 140 feet along the Eastern property line. Said parcel is known as Lots 4 and' 5, Block 106, Map of Linkhorn Park and contains 14,000 square feet. VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of a Use Permit for apartment units. Said motion is subject to ~he following stipulations: 1. The density shall not exceed 6 apartment units. 2. City water and sewer. (Health) 3. Developer is to provide active recreation area. (Parks and Recreation) 4. Standard Site plan requirements to include improving the 20-foot rear alley. (Engineer'ing) 5. Suggest participation in school site acquisition. Mr. Thomas C, Broyles appeare~ on behalf of the applicant, Councilman Baum made a motion,.which was.seconded by Councilman Rhodes~ to.' .. approve the application of Harlis E. Powers for a Use Permit to construct 4 apartment units on certain property beginning at a point 50 feet East of Holly Road, said parcel is known as Lots 4 and S, Block 106, ~ap of Linkhorn Park, Virginia Beach Borough; subject to City water and sewer; subject to the developer providing active recreation area; subject to standard site plan requirements to include improving the. 20-foot rear alley; and further _.~ubject to the applicant's participation in school site acquisition. Councilman Holland made a substitute motion, which was seconded by Councilman Callis, to approve the application of Harlis E. Powers fOr a Use Permit to construct 6 apartment units on certain property beginning at a point 30 feet East of Holly Road, said parcel is known as Lots 4 and $, Block 106, blap of Linkhorn P~rk, Virginia Beach BOrough; subject to the Planning Commission's recommendations. Recorded vote on the substitute motion as follows.: Ayes: Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr'., Vice Mayor Reid Ervin, George R. ~errell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, and J. Curtis Payne. .Nays: Councilmen John A. Baum and Donald H. Rhodes. Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of Harlis E. Powers for a Use Permit to construct 6 apartment units on.certain property beginning at a point'30 feet East of Holly Road, running a distance of 100 feet along the North side of 33rd Street, running a distance of 140 feet along the Western property line, and running a distance of 100 feet along the Northern property --~.ine and running a distance of 140 feet along the Eastern property line, said )arcel is known as Lots 4 and 5, Block 106, ~,~ap of Linkhorn Park and contains ~4,000 square feet, Virginia Beach Borough; subject to City water and sewer as requested by the Health Department; subject to the developer providing active recreation area as requested by the Department of Parks and Recreation subject to standard site plan requirements to include improving the 20-foot rear alley as requested by the Engineering Division; and further subject to the applicant's participation in school site acquisition. ITEM #5428 Application of Robert J. Eigen by Kaufman, Oberndorfer and Spainhour for a Cha__~9_p_~_~of Zoning~ from Limited Commercial District 1 (C-L l) to General Commer- cial Di~ri~-~ T--(C-G 1) and a Use Permit fort tires', batteries, and accessories sales and service on certain property located at the Northeast corner of Virginia Beach Boulevard and Constitution Drive. Parcel A: change of Zoning from C-L 1 to C-G 1: On certain property located at the Northeast corner of Virginia Beach Boulevard and Constitution Drive, running a distance of 921 feet along the East side of Constitution Drive, running a distance of 545.71 feet along the Southern property line of which 370.71 feet is the North side of Virginia Beach Boulevard, running a distance of 1072 feet along .the Eastemn proPerty line and running a distance of 636 feet along the Northern property line. Said parcel contains 11.966 acres. Parcel B: Use Permit for tires, batteries and accessories sales and service: On certain property shown on site plan of Robert Hall Village by Robert W. Kahn Assoc., New York, N. Y., dated 10-9-72. Said.parcel is shown as 107 feet by 40 feet on said site plan. Plats with more detailed information are available in the Depart- ment of City Planning. (Pembroke Area). BAYSID[ BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of this zoning change and use permit. Said motion is subject to the following stipulations: 1. City water and sewer. (Health) 2. Standard site plan requirements. (En§ineering) Mr. Robert J. Eigen appeared on behalf of his own application. Mr. Charles Best, Jr.~appeared for applicant, i On motion by Councilman Holland, seconded by Councilman Rh~des,l and by recorded vote as follows: : Wes: Councilmen John A. Baum, Robert H. Call~s, Jr., Mayor Robert B. Cromwell ce Mayor F. Re~d Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. lland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. .Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of Robert J. Eigen by.Kaufman, ' Oberndorfer and Spainhour for a Change of Zoning. from Limited Commercial District 1 (C-L 1) to General Commercial District 1 (C-G 1) on certain propert] located at the Northeast corner of Virginia Beach Boulevard and Constitution Drive. Said parcel contains 11.966 acres; also a Use Permit for tires, batter: and accessories sales and service.on certain property located at the Northeast corner of Virginia Beach Boulevard and Constitution Drive. Said parcel is sh6' as 107 feet by 40 feet, and is in the Bayside Borough; approval is subject to City water and sewer as required by the Health Department; and approval is fur subject to standard site plan requirements as required by the Engineering Department. ITEM # 5429 Application of Roll "R" WayRinks, INc., by Thomas C. Broyles, Attorney, for · a Use Permit to'operate a roller skating rink on certain property located on certain property beginning at a point 330.39 feet North of Victory Road, running a distance of 240 feet along the East side of Pleasure House Road, running a distance of 265 feet along the Northern property 'line, running a distance of 240 feet along the Eastern property line and running a distance of 265 feet along the'Southern property line. Said parcel contains 1.45 more or less acres. (Bradford Acres Area). BAYSIDE BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of a Use Permit to operate a roller skating rink. Said motion is subject to the following stip- ul ati ons: 1. City water and sewer. (Health) 2. Standard site plan r,~:~',:irements. (Engineering) . 3. Waived the 15-foot dedication requested on Pleasure House Road inks- . much as the property is leased by the applicant. (Real Estate) Mr. Thomas C. Broyles, Attorney appeared on behalf of the applicant. On motion by Councilman Holland, seconded .by Councilman Gardner, and by recor~ vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardne~ ---~arence A. Holland, D. Murray Malbon, J. Curtic Payne, and Donald H. Rhodes. .~ys: None Absent: Councilman Floyd E. Waterfield, Jr. City Council deferred until February 5, 197~, the above application of Roll "l Way.Rinks, by Thomas C. Broyles, Attorney, for a Use Permit to operate a roll~ skating rink on certain property located on certain property beginning at a p~ 550.59 feet North of Victory Road, running a distance of 240 feet along the E; s:idc of Pleasure House P, oad, running a distance of 265 feet along the Northerl property line, running a distan.ce of 240 feet along the Eastern property line and running a distance of 265 feet along the Southern property line. Said pa contains 1.45 acres more or less. (Bradford Acres Area). Bayside Borough. ITEM #5430 Application of Wesleyan Properties for a Use Permit to construct 500 apartment units on certain property beginning at a point 1190 feet more or less West of Baker Road and 1897 feet South of Wesleyan Drive, known as Phase III of The Hamptons, as shown on the Master Plan of Wesleyan Properties. Said parcel contains 31 more or less acres. Plats with more detailed information are available in the Department of City Planning. (Wesleyan College Area). BAYSIDE BOROUGH. Planning Commission Recommendation: A motion b'y the Planning Commission was passed for approval of a Use Permit for apartment units. Said motion is subject to the following stipulations: 1. That the density not exceed 405 apartment units. Standard site plan requirements. Enclosed storm drain shall replace existing ditch leading from Lake Edward Drive to outfall ditch at Northwest corner of property. (Engineering). 15% of total acreage is to be developed for active recreation by developer. (Parks and Recreation). That Lake Edward Drive be extended to tie in with Baker Road. (Planning). That a 30-foot setback from the Western property line be maintained. (Planning). That all existing trees along the Western property line be preserved. (Planning). Mr. Rashkind appeared in behalf of the applicant· On motion by Councilman. Holland, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None 'Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of Wesleyan Properties for a Use Permit to construct 405 apartment units on certain property beginning at a point 1190 feet more or less West of Baker Road and 1897 feet South of Wesleyan Drive, known as Phase III of the Hamptons as shown on the Master~ Plan of Wesleyan Properties, said parcel contains 31 more or less acres (Wesleyan College Area), Bayside Borough; subject to the following stipulations: Standard site plan requirements and that concurring with ~ommunity Services that they, Wesleyan Properties, will not have to put in piping for the outfall ditch at the Nortwest corner of the property. In the 2.7 acre area where the swimming pool, ballfield, two tennis courts, community center, and half basketball court are situated, the Recreation Department recommends that they enlarge the basketball court to fill size 40' x 70' and the 3½ acres of tot-lots throughout the project are acceptable. (Parks and Rec). 3. That Lake Edward Drive be extended to tie in with Baker Road. That a 30-foot setback from the Western property line be maintained. That all c:-;istinl; trees alon~,~, the Western property line be preserved. 6. That the applicant participate in school site acquisition. ITEM #5431 'Application of Vernon H.~james and Rachel F. James for a Use Permit to operate a 92-site travel pa~k on certain property beginning at a'~oin~ 2050 feet more or less South of Sandbridge Road and 311.74 feet East of New Bridge Road, running a distance of 855.83 feet along the Northern property line, running a distance of 934.33 feet along the East'ern property line (Tabernacle Creek)~, and running a dis- tance of 1220 feet more or less along the Southern property li~e and running a distance of 379 feet more or less along the Western property line. Said parcel contains 16.71 acres more or less. (Lotus Gardens-Sigma Area)~ PRINCESS ANNE BOROUGH. . - / ' Planning Commission RecommendatiOn: a ~ A motion by the Planning Commission was passed for apprJv 1 of~a Use permit to operate a 92-site travel park. Said motion is subject to the following stipu- lations: Standard site plan requirements. (Engineering) Percolation test and site plan approval. (Health) Additional recreational areas to be provided by developers. Mr. Thomas C. Broyles, Attorney, appeared on behalf of the applicant. Mr. Gary Simpson appeared in °'pposition to the application. motion by Councilman Payne, seconded by Councilman 'Rhodes, and by recorded ~e as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None ~ Absent: Councilman Floyd E. Waterfield, Jr. City Council deferred until February 5, 1973, the above application of Vernon H. James and Rachel F. James for a Use Permit to operate a 92-site travel park on certain property beginning at a point 2050 feet more or less South of Sandb .Road and 311.74 feet East of New Bridge Road. Said parcel contains 16.71 acre more or less. (Lotus Gardens-Sigma Area). Princess Anne Borough. ITEM # 5432 Al~plication of the C~y of ¥irgi~ia Be~.>.c~' to &mend the ~otel-Hote~ Di~:rict, Section III, oi the 1~la~ter Zonin~ Ordh~ance oi the City oi Virgin~ .. Beach (Vir~ln~ Beach Eoroudb). More de~ailed information is avai~ble ~- In the De~rtment ol City Planning, Office oi the City Clerk and ~e Beach Branch Library. The p~nning Commission recommendation ts unavailable at this time due to postponement oi the P~nning Co~,niis~ion Public Hearing until ~anuar~ On motion bY Councilman Gardner, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor/ Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferre11, :Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and,D°nald H. Rhodes. Nays: None Absent: Councilman Floyd B. Waterfield, Jr. City Council deferred until January 22, 1973, the above application of the City of Virginia Beach to amend the Motel-Hotel (M-H) District, Section III, of the. Master Zoning Ordinance of the' City of Virginia Beach (Virginia Beach Borough), More detailed information is available in the Department of City Planning, Offi of the City Clerk and the Virginia Beach Branch Library. ITEM #5433 On motion by Councilman Ferrell, seconded by Councilman Rhodes, and by r~corde~ vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City CounCil approved on second reading a transfer in the amount of $3,000 fro the City's General Revenue Funds to Parks and Recreation Personnel Account #11020-150, and an additional $3,000 to Parks and Recreation Travml Account #11020-220 for the. SEVAMP pr~'~ram to senior citizens. These transfers are necessary so that the City can advance the funds to the position of Coordinato of Senior Citizens Service Centers. The Cit9~ will be reimbursed by SEVAMP on quarterly basis. ITEM #5434 jlg motion by Councilman Paync, seconded by Councilman Gardner, and by recorde¢ ~te as follows: ~,?es: councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,.Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardne~ Clarence. A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None ' Absent: Councilman Floyd E. Waterfield, Jr. City Council approved on second reading the follow_ing Ordinance to' amel~d and reordain Section 34-50 of the City Code pertaining to the maximum rate of far, for taxicabs: Ordinmnce'No. 428 AN ORDINANCE TO D2~END AND ]IEORDAIN SECTION 34-50 OF TIlE CITY CODE RELATING TO THE MAXIbrLrM IiATE OF FAIIE FOR TAXICABS Requested by City Manager BE IT ORDAINED BY THE COUNCIL OF THE CITY OF V RGI,NIA BEACH, VIRGINIA: That Section 34-50 of the Code of the City of Virginia Beach be amended and reordained to read as follows: 1. In line (a) delete "one-half" and "$0.50" and substitute therefor "one-fifth" and"$0.60." 2. In line (b) delete' the words "one-four. th" and substitute therefor "one-fifth." First Reading: December 28, 1972 Second Reading': January 15, 1973 Adopted b'y the Council of the City o~ Virginia Beach, Virginia, on the 15th day of January . , 1973. ITEM # 5435 --~verend John Lyles appeared in opposition to a proposed ResolUtion request- ng the General Assembly to support on a local optio~ basis pari-mutuel wagering at the 1973 Session of the General Assembly. Councilman Rhodes made a motion, Which was seconded by Councilman Ferrell, to adopt the proposed Resolution requesting the General ~ssembly to support on a local'option basis pari-mutuel wagering at the 1973 ~ession of the General Assembly provided that certain conditions set forth in the resolution are met in the enabling legislation. Recorded vote on th~ previous motion as follows: Ayes: Councilmen George R. Ferrell, Clarence A. Holland, D.,Murray Malbon, and Donald H. Rhodes. ~ Nays: Councilmen John A. Baum, Robert H. Callis, Jr., b~ayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardne,r, and J. Curtis Payne. Absent: Councilman Floyd ~. Waterfield, Jr. The motion did not pass, therefore, the proposed ResolUtion relative to pari-mutuel wagering was not adopted. '-- ITEM #5436 On motion by Councilman Ferrell, seconded by Councilman Holland, and by recorde vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, .George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payee, and Donald H. Rhodes, Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following Deed of Dedication relative to a sewerage .~umping station site, lot 3, block B, Windsor Oaks West, Sectioh 3, Part 2: THIS DE'ED'OF DEDICA;rlON, 14adc [:his 4t-h day of December, 1972: CO:i,.AhY, a by and between WINDSOR-IIOLI&I~rD ~ ,7 :.-, Partnershipi comprised of Sir Galahad Company, a Partnership comprised of Sir Galahad Corp. and Kitche~ Planning Center, Ltd., both Virginia Corporations, and Clark-Whitehill Company, a Partnership Comprised of.' Barry D. Clark, Inc. and Howard M. Weisberg, Inc , both Virginia Corporations, party'of the first part, and the CITY OF VIRGINIA BEACH, a Hunicipal Corporation, party of the seco{Id part.' W I T N E S S E T It: THAT WHEREAS, the party of the first part is seised in fee simple of certain property briefly described as Lot 3, in Block B, as shown on plat entitled "Plat of Windsor Oaks West, Subdivision Section 3 - Part"2", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 91 at page 35, and~ WHEREAS, the party of the first pa~t desire to d'edicate unto the party of the second part a pumping station situate on said Lot 3 in Block B, and MIE~EAS, in conformity wi~h the ~;uhdivision Ordinances' of the City of Virginia Beach~ the party of the first part desires to formally dedicate the p~,,mping station. NOW, %]4EREFORE, for and in consideration of the sum of. One Dollar ($1.00), cash in hand paid, ~nd other va!uab]e considerations, the party of the first part doth hereby grant'a~.d conv~y with General Narranty unto the party of the ~-~..ond part~ the [mllowiog described p~ope'rty, to-wit: ALL THAT ce'~ ~a~n lot, piece or parcel of land, with the i.mprovcn~ents thereo~., situate, lying and being " in the City of Vi~:g:~nia Beach,' Vi.r~lnia, and being known, numb~red, and design~ted as Lot 3 in Block B, as shown on that cert;ain plat entitled "Plat of Windsor Oaks West SubdLvision-gectioa 3 - Part 2", which plat is drily rc~orded in the Clerk's Office of the Circuit Court of the C.ity of Virginia Beach, Virginia, in Map . Book 91 at page 35. pa,:t o[ t.'.~ pr~p~r~y conx,eved to the par~y of the first, pa~.t' by d,~cd d~tod October 30, 1969 from B[acl:head luves~e~t' Corp,~ration, 'md recorded in Deed Book 1137 at pg~;2 3[~, and fro~:2 Djplo:,x,t J~ves~mertt Corporation , ]q,~) ~,:-,d rc.,.oi"d?d in l),~e~t Book 1137 at page dated 315 in ~b'p C]erk'~ ()f:fic~.~ of lha~ (:irct~it Cour~ o~ the City IN WITNESS' WP. EREOF, Windm:)r--Hcllanfl Company has caused' these '. presents to be executed in its name and b~half by its genera], partners there- unto duly authorized. Wil~i)SOi~,-}I(1)I.,I~I.~D COMPAI'IY, a par tnership, compriS'ed of Sir GalaR~ad Cc-mpany, a partnership comprised of Sir Galahad Corp. and Kitchen Planning Center,Ltd. both Virginia Corporations, and Clark-~itehill Company, a p~rtnership comprised of Barry D. Clar} Inc. and Howard M. Weisberg, Inc. both Virginia Corporations By: EIR GALidtAD"C0~ANY, General Partner ~YL Sir Galaha~/C~pGeneral Partner /By ' , ~ -- /~ President AT%EST: ~i '~ Secretary ·" ' By: CI~kRiI.-WH,I~tlILL C , General. Partne~ · ",' / ' ~ent ~ ' ' STATE OF VIRGINIA. CITY OF l~;~?21, to-wit: City and St'ate aforesaid, do hereby certify that Roger Nonni and Lee D. Cohen 'President and.Secretary, respectively-of Sir Galahad Corp. and Barry D. Clar~ and Nancy L. Clark~ Presidcat and Secretary, respectively of Barry D. Clark, inc,, whose n~es as such are signed to t]~e foregoing ~iting bearing date on the 4th day of December, ].:)7~, appeared befora me this date in my City an, 'State 'aforesaid and acknowledged thc name, and acknowledged the execution as the act of each of the said corpora, t.~ons, as the act of the partnerships, Sir Galahad Company and Clark-Uhiteb~ll Comp~ny~ and as the act of the partnership known as Wi~dso?,-Uol].and Cmapany, Given under ~y l,~md and :~ea! t. hi~ 1~ - day of /7 ' '/' ~ , 19T ITBM #5437 Mr. James T. Davis appeared on behalf of the Department of B¢onomic Development ~th an explanation to the Deed and requested Council to approve it. ~ motion b~ Councilman Rhodes, seconded by Councilman Ferrell, and by recorded ,ore as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, JF., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Abstain: Vice Mayor F. Reid Ervin Absent: Councilman Floyd ~. Waterfield, Jr. City Council approved the following Resolution relative to W. H. Belanga and Associates, Incorporated, pertaining to a certain drainage and utility easement: The regular~ meeting-~ the Council o~ the City of Virgini~ Beacg, Virginia, was held in the Council Chambers of the Adminis- tratzon Building of the City on J8nuary 8, 1972, at 2:00 o'clock p.m. On motion by ~. Rhodes and seconded by }~. Ferrell the following resolution was unanf~-di~sdopted. a Deed of Release .RESOLUTION WHEREAS, it having been determined that the interests of the City of Virginia Beach ~ill not be adversely affected thereby, the City Manager is hereby authorized to execute on, behalf of the City a deed releasing tow~ ~ Belmn~m' &. A~.~nn~.~t~?~-Inc. all that certain drainage and utility easement designated "A 5' Drainage and U~'ility Easement" along the side line separating Parcel X and Parcel XI on that certain P~:.KCLI~. X, , , plat.entitled, "SUBDIVISION OF ~'' "; ~:~ XI }LII XIII, XIV AIRPORT INDUSTRIJJ~ PARK-BAYSIDE VIRGINIA BEACH, VIRGINIA LANGLEY, MC- ENGII%rE.,zi.o VIRGINIA BEACH, VIRGINIA DONALD & OVERMAN CONSULTING · MARCH 21, 1972," and duly recorded in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in 1, I~p Book 92, Page 11. ITeM #5438 On motion by Councilman Gardner, seconded by Councilman Payne, and by.recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid B~vin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. ~ys:' None. Absent: Councilman Floyd E. WaterfSeld, Jr. City Council approved the following Resolution relative to the Congress of the United Stat~s being urged to retain Public Law 874 and Public Law 81S, known as Federal Impact Fund and Federal Funds for School Construction: ......................... The regular meeting of the council, of the Cit Beach, Virginia, was held in the Council Chambers tration Building of the City on January 15, 1973 a On Motion by Mr. Gardner and seconded the following resolotion was unanimously adopted. ~ of Virginia ~f the Adminis- t 2:00 o'clock p.m. by,Mr. Payne Requested by Mayor Robert B. Cro~ell, Jr. and E. E. Brickell R E S O L U T I O N WHEREAS, Public Law 874 and. Public Law 815, known as Federal Impact Fund. and Federal Fund. for School Construction will be respectfully considered by the Congress of the United States; and WI-~REAS, the City of Virginia Beach has within its city] limits four major military installations and. other large governmental establishments are located within the Tidewat~er area; and. W~R~S,.these military and governmental establishments Are deleted from the real e-state that is taxable by the .City of Virginia Beach. " TI~REFORE BE IT RESOLVED BY THE COUNCIL OF Ti~ CIR~ OF vIRGINIA B~CH: That thc Congress of the United States is urged to retain Public Law g74 and Public Law 815 as they are valuable assets to those localities that have the responsibility of educating the dependents of military perso~nel wi.t~in the City of Virg~inia Beach. BE IT FUoT''~?o. ~,,.~.~,~, RESOLVEDt,,at'- the C!e'~.', ~. o:f City' Council is directed to forward a copy of this resolution .to each member of the United States Congr~'~ that represent~'~ the City o7 ~irginia Beach. ~t';:: t:mt:;o~.:, by Councilman Gardner, seconded by Councilman Baum, and by recorded V,.,.(~ ,::1:~ roi. lows: Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid· Ervin, George R. Ferrcll, Charles W. Gardner, Clarence A. IIolland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None i Absent: Councilman Floyd E. Waterfield, Jr. ~ City Council approved thse following Ordinance t'o amend and reordain Chapter 22, ~ 7 zicle V, Division 2, ection 22-84.2 of the City Code regulating motor vehicle ~ ! traffic: SECTION' 22-,qZ~. ,2 OF Ti'IL, CODE r,=',.,.,.: THE 1,IOTOE VEHICLES AND TIiJ, Fi,'IC BE IT ORDAIIFZD BY THE COUNCIL OF THE ~I~.Y OF VIRGINIA BEACH, VIRGINIA: That Chapter 22, Article V~ Division _?~ Section 22-84.2 is amended and reordained as follows: Section 22-84.2. Use of chemical test to determine alcohol in blood; procedure; qualification and liability of person withdrawing blood; costs; evidence; suspension of ~ su'omit to test license for refu=ol to . (a) As used in this section _incense'~ means any operator's, chauffeur's or learner's permit or license authorizin~ the operation of a motor vehicle upon the hiehways (b) Any person whether licen~eo by Virginia or not, who operates oL~.~te on ~nd after a motor vehicle upon a public highway in this c January one, nineteen h~no. red seve,ty-tbre% =~&?il be ~m~8 thereby: as a condition of such ope'~ uion, to h~ve · ',=~nted to n=~ve a sample of his blood or breath t~ken for a chemical test to determine the ' ~ if such ~ son is arrested for a alcoholic content of n~.s blood, ~r violation of ~22-g4 within two hours of the z!le?e~ '~'= nse. Any person so arrested shall elect to hav~ either the breath or blood . o.e~ense sample taken, but not both It shall not 'be a matter of that eit]m~: test is not aVa.L1 ..~lc. (c) If a person aft:er e.{n~, a'~::,:cs~:o<., J:O,: .~. violstion of. .... o4 and ~ft:c:r bari. hrr been r~dv'ised by LLtC: ~t:,';Y :;t:i'~". ,. O:[fic'(~ that ~.. pezson St t '-~,-m,~vy in this ,. a shall who oper~tus ;~ mc)tot vel~iclo upon ~ p~:.].:ic ~ ........ ITEM # 5432 t.,.,e Motet-Motet (M-M) A[~pt[cation of the City of Virginia Bez,~ch to amend ~ Di~[rict, Section III, ol the ~vlaeter 2~onin~ Ordinance of the City of Virg[n~ ~each (Virsin~ Beach Eorousb). More detailed information is avai~ble in the Detriment of City Planning, Office of the City Clerk and ~e Beach Branch Library. The Planning Comrniss[on recommendation is u~ava[lable at this time due to postponement of the l~lanning Cornnfission Public He.ring until Sanuary 16. 1973. · On motion bY Councilman Gardner, seconded by Councilman Malbon, and by recorded vote as £ollows: Ayes: Councilmen John A. Baum, Robert H. Cai]is, Jr., Mayori Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, ~Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and .Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council deferred until January 22, 1973, the above application of the City of Virginia Beach to amend the Motel-Hotel (M-H) District, Section III, of the Master Zoning Ordinance of the' City of Virginia Beach (Virginia Beach Borough), More detailed information is available in the Department of City Planning, Offi of the City Clerk and the Virginia Beach Branch Library. ITEM #5433 On motion by Councilman Ferrell, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.. Holland, D. bIurray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved on second reading a transfer in the amount of $3,000 from the City's General Revenue Funds to Parks and Recreation Personnel Account #11020-1S0, and an additional $3,000 to Parks and Recreation Travel Account #11020-220 for the. SEVAMP pre,ram to senior citizens. These transfers are necessary so that the City can advance the funds to the position of Coordinatoz of Senior Citizens Service Centers. The Cit~' will be reimbursed by SEVAMP on a quarterly basis. ITEM #5434 motion by Councilman Payne, seconded by Councilman Gardner, and by recorded )re as follows: ,?cs: councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,.Vice Mayor F. Reid Ervin, George R. Fcrrell, Charles W. Gardner, Clarence. A. Holland, D. Murray Malbon, J. Curtis Psyne, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved on second reading thc following Ordinance to' amend and reordain Section 34-50 of the City Code pert.ining to the maximum rate of fare for taxicabs: Ordinance · No. 428 AN ORDINANCE TO ;iMEND AND ]IEORDAIN SECTION 34-50 OF THE CITY CODE RELATING TO THE MAXI~fLr~'~; I.iA. TE OF FAF. E FOR TAXICABS Requested by City Manager BE IT ORDAINED BY THE COUNCIL OF THE CITY OF Vi RGI',NIA BEACH, VIRGINIA: That Section 34-50 of the Code of the City of Virginia Beach be amended and reordained to read as follows: 1. In line (a) delete "one-half" and "$0.50" ~and Substitute therefor "one-fifth" snd"$0.60." 2. In line (b) delete' the words "one-four. th" and substitute therefor "one-fifth." First Reading: December 28, 1972 Second Reading: January 15, 1973 Adopted by the Council of the City o~ Virginia Beach, Virginia, on the 15th day of January , 1973. ITEM # 5435 ~verend John Lyles appeared in opposition to a proposed Resolution request- ng the General Assembly to support on a local option basis pari-mutuel wagering at the 1973 Session of the General Assembly. Councilman Rhodes made a motion, which was seconded by Councilman Ferrell, to adopt the proposed Resolution requesting the General Assembly to support on a local'option basis pari-mutuel wagering at the 1973 Session of the General Assembly provided that certain conditions set forth in the resolution are met in the enabling legislation. Recorded vote on th~ previous motion as follows: Ayes: Councilmen George R. Ferrell, Clarence A. Holland, D.,Murray Malbon, and Donald H. Rhodes. t Nays: Councilmen John A. Baum, Robert H. Callis, Jr., ~a~or Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, and J. Curtis Payne. Absent: Councilman Floyd E. Waterfield, Jr. The motion did not pass, therefore, the proposed ResolUtion relative to pari-mutuel wagering was not ad°pted. ITEM #5436 On motion by Councilman Ferrell, seconded by Councilman Holland, and by recorded vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, .George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payee, and Donald H..Rhodes~ Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following Deed of Dedication relative to a sewerage .~umping station site, lot 3, block B, Windsor Oaks West, Sectio~ 3, Part 2: TIIIS DEED'OF DEDICATION, Made t:his 4th day of December, 197'2, by and between WINDSOR-tIOLIJ~i'~D CO?iPAiqY, a Partnership comprised of Sir Galahad Company, a Partnership comprised of Sir Galahad Corp. and Kitche¢ Planning Center, Ltd., both Virginia Corporations, and Clark-Whitehill Company, a' Partnership Comprised of.' Barry D. Clark, Inc. and Howard M. Weisberg, Inc., both Virginia Corporations, party'of the first part, and ~ the CITY OF VIRGINIA BEACH, a Hunicipal Corporation, party of the seco{~d part.' W I T'N E S S E T It: THAT WHEREAS, the party of the first part is seised in fee simple of certain property briefly described as Lot 3, in Block B, as shown on plat entitled "Plat of Windsor Oaks West Subdivision Section 3 - Part"2" which plat is duly recorded in tbe Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 91 at page '35, and. hHEREAS, the party of the first pact desire to d'edicate unto the party of the second part a pumping station situate on said Lot 3 in Block B, and ~,iHEREAS, in conformity with the ,~h.D~division Ordinances' of the City of Virginia Beach~ the par~y of the first part desires to formally dedicate the p~,mping station. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00), cash in hand pa~d, ~,nd other v~!u~b].e considerations, the party of tile first part doth h~ereby graut'and convey with General .Warranty unto the party of the .~::~_.:~nd part, tim f!ollowir, g described p~ope'rty, to-wit: ALL THAT ce'~ ~.:ain lot:, piece or parcel of land, with the improvements thereoa, situate, lying and being in the City of Vir~¥;nia Beach,'Virc[nia, and being known, numb~red, and ~l~:sig:~ted as .Lot 3 in Block B, as shown on that certain plat entitled "Plat of Windsor Oaks West Subd['vision.Sectioa 3 - fart 2",. which plat is d~,ly rc~orded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 91 at page 35. IT BEi~TG a l,:,,:t of t:l~ propert~y conveyed to the par~y of the fir:;[, pa~.r 1, v d,~c~l d2t:ed Oct._~ber 30, 1969 from B~achhead lnvc~:;ritr, cnt {.;9~p~'~al::ion, m~d recorded in Deed Book 1137 at pa[;~ 3[8, anJ fro:n Diplo:,~r~[: ]t~vestment Corporation dated Oct~obcr 30, ]q~9 a:-~d rc,~or'd~,d in Deed Book 1137 at page 315 in tb'~, (:l~.~'rk'~< Ofl~cti of thc.. (..:ircu5t Court of the City : of Vi. rginia F,~'.acb, IN WITNESS' WflEREOF, Wind~.;or--Holland Company has caused' these presents to be executed in its name and behalf by its genera], partners there- unto duly authorized, WINDSO~,-H(.)LT~A~',D COMPANY, a partnership, comprised of Sir Galahad Company, a partnership comprised of Sir Galahad Corp. and Kitchen Planning Center,Lgd. both Virginia Corporations, and Clark-Whitehill Company, a partnership comprised of Barry D. Clark Inc. and Howard M. Weisberg, Inc. both Virginia Corporations : By: gIR GAL~IAD'COI.fPANY, General Partner /', By:. Sir C. alahad/C~General Partner , AT~EST: ~ ~/ Presiden,t ,: Secretary By: CI~04~IIILL CQ~.~AI~, General. Partner , By: Barry..,D. Clark, I~c~, Ge,~~tne~ ,,' '.'.' ATTEST: ~ ~ ' / ........ ~~'nt ( ,,j ( ~c:~ar y .¢ STATE OF VIRGINIA. I, ~b~ L ~'/O/Cc , aNotary Public in and for t~e City and St'ate aforesaid, do hereby c. erti:F.y thgt Roger Nonni and Lee D. Cohen, President and.Secretary, respectively .of Sir Galahad Corp. and Barry D. Clark and Nancy L. Clark., President and Secret'~ry, respectively of Barry D. Clark, Inc,, whose names as such ~re signed to the foLeoo].ng writing bearing date on the 4th day of December, 1972, appeared before me this date in my City and State aforesaid and ackp, owl~nu~d the same, and ac'knowledged tho execution as the act of each of the said corporaL~ous, as the act of the partnerships, Sir Galahad Company and C].ark-UhitebJll Compauy, and as the act of the partnership known as Wi~tdso:'.-Uoll. and Cori~pany. Given uncter hty l~md and :~:-,-i thir; j~), - day of LC~.~¥~(~ Hy Conm~issifm E×pi'ce:~: , 197~. /~ ~"; ,. ' , /'/ , -' ./- -/ I';o tary Pub 1 i.c ITEM #5437 Mr. James T. Davis appeared on behalf of the Department of Economic Development 2~th an explanation to the Deed and requested Council to approve it. motion by Councilman Rhodes, seconded by Councilman Ferrell, and by recorded ,ate as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, JF., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Abstain: Vice Mayor F. Reid Ervin Absent: Councilman Floyd B. Waterfield, Jr. City Council approved the following Resolution relative to W. H. Belanga and Associates, Incorporated, pertaining to a certain drainage and utility easement: a Deed of Release to The regular meeting of the Council o{ th~ City of Virginia Beach, Virginia, w~s held in the Council Chambers of the Adminis- tration Building of the City on Jsnuory 8, 1972, at 2:00 o'clock p.m. On motion by. bit. Rhodes and seconded by }ir. Ferr.e!l , the following resolution was unmnimo~s~-~.dopted. 'RESOLUTION WHEREAS, it having· been determined thct the interests of the City of Virginia Beach Will not be adversely affected thereby, the City Manager is hereby authorized to execute on, behalf of the City a deed releasing tow. H. Belon~m & A~soe~-~t~, ~ all that certain drainage and utility easement designated "A 5' Drainage and Ut'ility'Easement" along the side line separating Parcel X and Parcel XI on that certain "SUBDIVISION OF P~:t, CLLc.'~'' ~.'~ ~" X,' XI, XII, XIII, XIV AIRPORT plat entitled, INDUSI~{I)2~ PARK-BAYSIDE VIRGINIA BEACH, VIRGINIA LANGLEY, MC- DONALD & OVERMAN CONSULTING EN~It~,~Lo VIRGINIA BEACH~ VIRGINIA MARCH 21, 1972," and duly recorded in the Clerk's Office, Circuit Court, City of Virginia Beach, Virginia, in 1, I~p Book 92, Page 11. ITEM #5438 On motion by Councilman Gardner, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert tt. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid E~vin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. ~ys:' None. Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following Resolution relative to the Congress of the United Statms being urged to retain Public Law 874 and Pub Federal Impact Fund and Federal Funds for School Construct The regular meeting of the Council of the Cit Beach, Virginia, was held in the Council Chambers tration Building of the City on January 15, 1973 a On Motion by Mr. Gardner and seconded the following resoluti~h ~as' Unahimously adopted. lic Law 81S, known as ion: ~" of virg'i~ia )f the Adminis- 2:00 o'clock p.m. by,Mr. Payne Requested by Mayor Robert B. Cron~ell, Jr. and E. E. Brickell R E S O L U T I O N WHEREAS, Public Law 874 and Public Law 815, known as Federal Impact Fund. and Federal Fund. for School Construction will be respectfully considered by the COngress of the United States; and W,':~REAS, the City of Virginia Beach has within its city[.limits four major military installations and. other large governmental establishments are located within the '~' ~ ~ · laewater area; and. W~R~S,.these military and governmgntal establishments Are deleted from the real estate that is taxable by the .City of Virginia Beach. Tt~REFORE BE IT RESOLVED BY THE COUNCIL OF THE CIR~ OF VIRGINIA B~CH: That thc Congress of the United States is urged to retain Public Law ~74 and Public Law 815 as they ar~-~ valuable assets to those localities that have the responsibility of educating the dependents of mi].itary personnel "-' ' ~¥~.tqzn the City of Virg:~'~ia Beach. BE IT' ' ........ r ,- FIJRfdr~R RE.)()~VED t,,at the C!evk of City Council is directed to forw;~rd .a copy of this rcnolutJ.on .to ,ach member of the' United States Congrc.'~;s that represents the c-~l,, o7 '~irgin:[a F=~,.~, .U:? l~<,~_jo~ by Councilman Gardner, seconded by Councilman Baum, and by recorded A.ges: Councilmen John A. Baum, Robert H.'Callis, Jr., MayOr Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrcll, Charles W. Gardner, Clarence A. llolland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd B. Waterfield, Jr. C_~y Council approved the following Ordinance t'o amend and reordain Chapter 22, 7 'icle V, Division 2, Section 22-84.2 of the City Code regul, ating motor vehicle : t traffic: NO. 429 BE IT ORDAI[~ED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRCINIA: That Chapter 22, Article V, Division 2, Section 22-84.2 is amended and reordained as :_Follows: Section 22-84.2. Use of chemical test to determine alcohol in blood; procedure; qualzfzc~czon s~na liability of person withdr-wino blood; costs; evidence; suspension of license for refusal to submit to test. (a) As used in this section "license" means any operator's, chauffeur's or learner's permit or license authorizing the operation of a motor vehicle umon the highways (b) Any person whether lice - ' ' noec~ by Vir~-'~nsa or not, who operates a motor vehicle upon a public hzghway in this State on ~,n~ after January one, nineteen hmo. red seve,ty-tbre% sacil be ~o .... a thereby, as a condition of such ope"~, tion, to have con,_c' 's~nted to have a sample of his blood or breath taken for a chemical test to determine the alcoholic content of n~.s blood, i.f such person is arresteo for violation of ~22-g4 within two hours of the alleged offense. Any person so arrested shall elect to hove either the breath or blood sample taken, but not both. It shall not be a matter of defense that c,:t,~,.:~, test is not ava:/!~q.>le. (c) If a person after ' ' , " ' ~ . a~ - ~,,..:.n.? a:,:<:s~::o<.l ~o, .~ viol ~ion of ~Z2 84 and after havinf~ been r, dvf~ed by the ..... :.<: :t~,:', o:a':['ic'<~: that a pe:son Wao operatus ;~ motor vehicle upon i~ ~)IlC. J.J:~ i;, . ~..,L... shell ]~e deemed the~,~[..:.', os a Ct)t'i~].[lfiol'; O:f] ~4L~.:~:~ O~.:'?f~)tJOtl~ to ilaVC co~]ser~cd 0}': r)p.:'Czit'ih r': ~,..-.',-,,' ,.,, ;,i,'l.. ~::,:,,, :'i,,. refuses to permit the taking of a sample of his blood or breath for such tests, the arresting officer shall take the person arrested be- fore a committing magistrate and if he does again so refuse after havidg been further advised by such magistrate .of the law requiring a blood or b~eath test to be .taken znd the penalty for refusal, and so declares again his refusal in ~iting upon a for~ provided by the in~fter r~ferred to Division of C~msolidzte~ Lzb~r~:~r'~' c=~-vic..~ (har~ fact is certified as prescribed in paragraph (j), t~en.no blood or breath sample shall be taken even though he may thereafter request same. (d) Only a physician, registered professional nurse, graduate laboratory technician or a technician or nurse designated by order of a court of record acting upon the recommendation of a licensed physician, using soap and water to cleanse the part of the body from which the · blood is takem and using instruments sterilized by the accepted steam sterilizer or some other sterilizer which will not affect the accuracy of the test, or using chemically clean sterile disposable syringes, shall withdraw blood for the purpose of determining the alcoholic content thereof. No civil liability shall at'tach to any person autho- rized to 'withdraw blood as provided herein as a result of the act of withdrawing blood from any person submitting theretO, provided the blood was withdrawn according to recognized medical proc°edures; and provided further that the foregoing shall not relieve any such person from liability for negligence in ~he withdr~win5 of any blood s~mple. (d-l) Portions of the blood sample so withdrawn shall be placed in each of two vials provided by the Division which vials shall be ' sealed, and labeled by the person tmkinf~ '[rhe sample· or at his direction, showing on each the n~me of ghe z~ccused, the n~,me of the person taking ~..me the blood sample was taken. the blood sample, and the date.ond The vials sh~ll be placed in two con~;~in~"rs p~-ov~ded by the Division,' which containers sh~ll be se~!ed so ~s ~t to ~llow tampering with the - 2 - contents. The arresting or acco~¥p~nyin?.~ r~fficer shall, take possession of the two containers holo.~n~l tha v~,~].~; as soon as the vials are placed in such containers and sealed, and sb~'Jl transport or mail one of the vials forthwith to the Division. The office~: taking possession of the other container (hereinaftor refer:red to as second cot~:.,:~iner) shall, i~nediately after talcing possession of said second container give to the accused a form provided by the Division ~hich shall set forth ghe procedure to obtain sn independent ana].ysis of the bloOd in the second containe~ and a list of those labor~.o~ies ,~nd their addresses, approved by the Division; such form shall cont,zin a space for the accused or his counsel to direct the officer possessing such second container to forward that container to such approved laboratory for analysis, if desired. The officer having the second! container, after delivery of ta~ form referred to in the precec~zng sentence (unless at that tame directed by the accused in writim~ on s~ch form to forward the second container to an approved laboratory o~- the" ~ .. . ..... cc~seo s choice, in which event the officer shall do so) shall o,..lzv~.r sa~a second container to the chief police officer cf the county, city or town in ~.;hich the case will be heard, and tlle chief police ~'~' ~ o',~ce.~' ~?~o receives the same shall keep it in his possession for a pes:iod of seYe~ty-two (72) hours, durin~ which time the accused'or his counsel z-~sy, in ~,~o~iting, on the form pro- v~o. ec hereinabove, direct ~" .::. chief ...... o,~.,.zcer having possession of the second container to ag:il1 it to tha ].abo:catory of the accused's choice chose, ~om the approved list .~s t~:; ~ in this section, the "chief police officer" saall mean t'h~. ~J~e~.~.~. in any county not having ~ chief of police, th~ chief of po!ic~ of ~ny county having a chief of police, the chi~f of police of the citu o~: the serge~nt or chief of police of ~he to~.~n in ~.~hich ~he cbgr,?'o ~x[]l 'be heard. ((1-2) The testing of the ~ ........ '"~'' ~>~ ~ ..... ~, ...... ,~,.:~, t .....secon~ container shall be mnde in the ~' .... ~ " ",' ....... ~:~ . ........ ua~ pro- cc,~!u:,:e to ~,~. ,~i ] o~.~e., by ca.,.'~ ]~ v:i.~;j.,:~'. ~i ~. ~:l:...~. 'p:,:'o~:,r4,s:e~ es'ta~!i ~hed (4-~) .... ,;," fc, c~ ',',or. to <:,;m,~.~' ,;~t, .... 5.<.'' u..-~'~ .... ~<. ~'!7.~<:.' J ~"-'~.~.. .~o'~"': ~3 , ' ' '' · '. -~ ~-7 -" ~',' ' ;'i(' ;';'~ f',t~) c-,..,.h..~- .='r:°~'....:. f;h;~l]. 1>",.. i'~a2.:' otit r','h L~{C: ;"O"'~?Oj)::' .~T'I) .,: ..... zI~L.L ~ll '-t ,..,. . ; ~ W.'..,-*~. <?~'/;2'/ .: ..... k, .~,,<ki ""' ..... ' C:ua '{~'bo~atoscy for test~n~ fo)~ violation of ~:/Z-~''' th~ % .... <.:nu~_f'cr:d ;)y' ' Cna i,l oo~ s~.npl<; sm'l.,. ,,- ,,.~ ~.,nzn~3. (~] ) -.c . . C;L,.C::.:"~" [.,~ &~.,.~ ........ "." fie. ~....,3[]:. pk)~; . A.~ tllf, ,'q~'~',~ O~'f':~', .... .,-,,...t, . ~"'~'~ioB 01; toe ~ .: .... , ..... ~.,. .......... ': ~- "nv',~ :,. ';:.o t'?i{ ~.v~ witkin seventy- ~'f'~" j..-.. ,.~ .. ,. two (72) hours ~:,...,,er r,,'.'~<,;.J, ngs '~,I c .........., c~es'~;o'~ SP~, ~c~ezpc. of the b]_ood sar.~o].~ io:,:w~:rded to t~.e l)!vi~ion for ~['i~lysis~ the i)ivisioi': :sl'l;el! c. muse it to '.'c, /',]<g:riil:~e~]~ for s, 3,coholia contcn'8 and ~'= ~..u~¢e<.tor o'~' ':~.~-.y ~'' ",,':,-~,- ~',=' ',-~ der.,.,.t,:r;~ted reps:eser, t~- rive ~,,.1~,3.1 c~:::e.c~'hc: a ,..~., ~..,..,.:.c:~t-o v..;'::~,.,: ~;;,:.::.]. ::.;::;k.<~:',',:, the n~r,ae nf the O_Lla..%,lsee~ w,," t,mnpe?c<: wit:ha a ,.._,.,,-._,~o,.,-~-~:-,:"n'" "- t ~¢t_ 'cra:)' ' cof;ts:Lner was one viderl by the Division a~r,. (, stcte,,~r'~;': o:c thc ~.].c '~ sst'nple ' ' -'-.'.¢: -' act' ' r ~ ' ' 7_ ' "'b . r,',-'*" ~'"~11 ';'-,c: ~"~" '~' of the couut Or.9,..:J Ot~ '~lq~?' ,. (..u L...,O...: 'fi'''~ ''""T'~.' ~ ..... ';,TY~Y: ~"Lt ~" ' a ~3 ~"~ " ..''.'.~. [ "~ ' ' ' r "' I'fY'"~', '~ ~ ' duly attested by the Director of the Division or hi;~s designated representative, be admissible in any court, in'~ny criminal proceeding, as evidence of the foots therein stated'and of the results of such. analysis. (g) Upon the request of the person whose blood or breath sample was taken for a chemical test to determine the alcoholic content of his blood, the results of such test or tests shall be made available to him. (h) A fee not exceeding ten dollars shall be allowed the person withdrawing a blood sample in accordance with this section, which fee shall be ',-,~id out of the appropriation for criminal charges. If the parson w~o~e blood sample w~s withdrawn is subsequently convic~c''~ for violation of §22-84, the amount charged by the person withdrawing the sample shall be ta.%~ed as pert of .the costs of the criminal case and shall be paid into the genezal fund of the State treast~ry. (i) In any trial for ~ viol~t.~on of ~27-~4 this sect~on shall not otherwise limit the introduction of any relevant evidence bearing upon any question at issue before the court, and the court sh~l!, re- ,~a.~, gardless of the result of the blood or bre=~,~test or tests, if shy, consider such. other relevant evidence of the condition of the accused as shall be admissible in evidence. The failure of an accused to permi! a sample of his blood or ~.~.~,~ to b~ ',"amen for a chemical, test to determine the alcoholic content of bis blood is not evidence ~nd sh~l! not be subject to con~nent at the trial of'the csse; nor shall the fact that a blood or breath test had been o~.rere¢.~ the accused be evidence or the subject of conz~ent. (j) The form referred to in para~r~ph (~) shall contain ~ brief statement .of the law requirin[~ the * ' ' of ..... ,.,~.~,.~ g blood or breath s~mple ' ~ .... :_~r~ of ::e~.usa! ~nd lines .,. =az' t'ae and the penalty for refusal, ,:~ decl ...... ~'~' '= x:.o]R %,.,l~otll thc blood o:c breath sample Ls sought, signature of the person "~' the date and the sight, attire of a witn,~-~s ~.~o ~ signir~?~.~ If .such p~rsom ~ ' '~ ....{~ ': U S refuses or fails to execute such da(:'J.s'~;?~:io~.~ 'the co.,..,~.~,..~.~.n,,. , rice, mit ul,;L:' '-' .-]us tic, c~: c'~ ,:,"h:., ........... :'c': ; .... i,-.,.,~'-~ ',- . ,. :] ,~..-'-~., ~,.~:" ~...,':' ~ ,:'4 t:hc ,:u~-,-son~... r-L-r e steal ~[1,~,.- [-J~Ci] 'E~ZUS~:.]. Oil ~_~_:~].l~%~ ~ .... ).Ot'~i' ~ ,,'~: .- ' ~ake th.::'~ test to de- term{ne the alcob.(,!ic conte,-:,t oF l.-~:~s i:,]ood~ t.;'i''~ violmtion of ~his . , ......... - ,., e,,~cut,'a :Ln sg;tne manner ~s criminal section The wn..., ......z s,.~,;:.~.l ~' e '.-~ ' ' ..... ' . .!..,:,~ ............ ~us .... . o'r t..~c ce::tl:zlcate of the (k) The exec.~:2ec~ dec'' ...... ~'-'~r~n ~';' :.:e:,: mi -k , '"' "- con~nittir:g .justJc~:~ a~o tI~ ~.,,,:,': may ~c~ ,,~..... t.~,(.~tac, to the ~,;'er'r~nt ~nd shall be '~ ....... ' .... clerk to the COU:rt int,;.'n].cn~ .... l:~.e o:[~:e',/:~c:~ Of d:~:':u~;'i[~g ' ' the ln.c].uence of intoxicgr)'ts sl'[r~[t.]. '.)e tried, ~ ~' '.c] ~ ~.r: . .. · , th~: 4e~.~. .... ~nt w:i '~: 'r ~..~.. ur~ kn". ~-~.o ~:;,.'J~t',[L(: )TOE. " ,. .L .t. }T &'~ .. C3 .... b]..ood~ the courL ql.'~t]..l ~"' d,~-:¢' 'rr,:i' 'i:i]e t:'::[~"], of F<..:L~.,. x.:arrant~ criminal trial.-F~j:c (].~-i'vj..n2 t.: irj0zz: '~e ' ( ) .-," u ..... < ~ o .= ... · ::,erupt,', c,.::l 'i.,.,,,, Lloo<, or bree c]e~e]:t[[L['le the ~] <:..()~.]o] ~.c: cc.;l:~c<~-~c r,.F I -~ .... . ..... ~.~, d~.:cJ, tt% on }tis behc'l.'.[ ev~?,','-e (_,~.: thc- '~t~}.LT[.[: ,"r~:~C~l!1: 0.< ~ ::. )]..CC;,~, '~":~-~ CO~ '7 l'l:'.?~:;::; ~ r- .. ,. ' ., ' ; i :'t.~5. ii:: : · ' , :':.. ':il"[ :? J ' ' .... ", :':i~:: Y/~!:,;l';;':il{':~ i:.[l<' :':'f ~;:.'~: f;~'J' I?7 ,: period of 90 days for a fJ.z~st offen,~e and for si× months for a second or subsequent offense or refusz~l within one year of the first or other such refusals; the time shall be computed ~s follows: the date of the first offense and the date of [~he second or su]osequent offense. (o) The court shall forward the defendant's license to the Co~issioner of the Division of Motor Vehicles of V~irginia as in other cases of similar nature for suspension of license unless, however, the defendant shall appeal his conviction in which case the court shall return the license to the defendant upon his appeal being perfected. ~no trial sh~ll ~e the same ~s pr~- (p) The procedure for appeal vided by law for misdemeanors. (q) No person arrested for a violation of ~22-84 shall be require~ to execnte in favor of ~ny person or corporation a waiver or release of liability in connection with the withdrawal of blood and as a con- dition precedent to the withdzawal of blood ~s provided for herein. (r) The~court or the jnry trying the c~s~ shall determine the innocence or the guilt of the defendant from all the evidence con- cerning his condition at the time of the alleged offense. (r-l) Chemical analysis of a person's breath, to be considered valid under the provisions of this section, s~all be performed by an individual possessing a walid license to conduct such tests, with a typ, of eqoipment and in accordance with the metho~]s ~pp{oved by the State Health Co~nissioner. Such breath-testing equipment sh~i'l be tested for its accuracy by the State Health Com,nissioner's office at least once every six months. The State Health Commissioner is directed to establish a training program for all individuals v~ho ~re to administer the breath tests, of mt least forty hours of instrnction in the operation of the breath test equipment and the odmimi~tr~tio~ of such ~ests. Upon the success- fo! completion of the tr~inin~ pro~'~ra~ the Cor~missioner may issue a license to the individual operator ~ndJc'.atin2 that he bos completed the course and is aut':~o'r~.zed to con, duct - 7 - Any ind';vidual conducting a breadth test under the provisions of this section and als authorized by thc St'ate tlealth Commissioner shall issue a certificate which will indicste that the test was con- dUcted in accordance with the manufacturer's specifications, the equipment on which the breath test was conducted hms been tested within the past six months, the name of the accused, the date, the time the sample was taken from the accused, the alcoholic content of the sample, and by Whom the s8mple was examined. The certificate, as provided for in this section, when duly attested by the authorized individual con- ducting the breath test, shall be admiss...ole in any Court in any criminal proceeding as evidence of the alcoholic content of ~he blood of the accused. In no case may the officer making the arrest, or any- one with him at the time of the arrest, or anyone participating in brea~n test or analyze the results the arrest of the accused, make the ~ thereof. - ' = handling, (s) The steps herein set 'forth relating to the t=kzno, identification, and dispositien of blood or breath samples are procedur~ . ~nanni~l compliance therewith shall in nature and not substantive Sub=~ '~ be deemed to be sufficient. Failure to comply with any one or more of such steps or portions thereof, or a ~,~rz~nce~in the results of the two blood tests si{all not of itself be'g~:ounds for finding the defendant not guilty, but shallo~° to the weight, of the evidence and shall be considered as set forth above with s!! 'the evidence in the case, pro- vided that the o. ezend,~i~t shall have the ~:.i~ht to introduce evidence on his own behalf to ,~:how noncomp!z~n~ie with t,:~e ~foresaid procedure or any part thereof, and that as ~ result his rif~hts were prejudiced. the Adopted by the Council. of the C'il;y c,f Vi'~3~-in]'.a Be~-~ch, Virginia on 15th day o-F January : ,.. ITE~! #5440 ON JANUARY 15, 1973, AT 2:00 P.M., IN THE CITY COUNCIL CHAMBERS, A PUBLIC HEARING WAS HELD REGARDING THE FEDERAL REVENUE SHARING FUNDS FOR THE CITY OF VIRGINIA BEACH. The following appeared before City Council requesting that $200,000. of the Federal Revenue Sharing Funds be used for recreational purposes: Mr. Jack Jennings - regarding a bicycle trail through Seashore State Park Mr. John Maragon and Hrs. Jean McLaughlin representing the Tennis Patrons Association regarding more tennis courts being built in the Beach Borough Mr. Joel Smith - representing the Plaza Civic League regarding a municipal swimming pool Mrs. Henry Clark appeared before City Council requesting that $3,200 be expended from the revenue sharing funds as a grant to the Virginia Beach Civic Chorus. Mr. Ron Asher and a gentleman from the Virginia Beach Bicycling Association appeared in support of the establishment of a bicycle trail. The City Manager and the Mayor indicated that these suggestions made by the above citizens and their respective organizations would be taken under advisement in the preparation of the budget for the Federal Revenue S~aring ~unds for the City of Virginia Beach. ITEM #5440 (b) c~.motion by Councilman Ferrell, seconded by Councilman Rhodes, and by recorded ~ ;e as follows: ~,~es: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. The School Board has received a categorical grant for equipment at the Vocatio~ al Technical School totaling $149,805.18. Therefore, City Council approved a budget adjustment to the School Board appropriations account for capital outlay and approved an increase in anticipated revenue from State funds in the amount of $149,805.18. ITEY~ /6441 Mr. Larry Wales and the Reverend John Lyles representing the Drug Focus Committee and Dr. Dowling, Director of the Mental Health Services Board appeared before City Council regarding ~undin~ for a Comprehensive Drug Abuse Treatment Program as a City-State grant utilizing $25,000. from local funds and $25,000 from the Bureau of Drug Rehabilitation, Department of Mental Hygiene and Hospitals. Ci__ty Council deferred for one (1) week consideration of local funding to ~ :ablish a Comprehensive Drug Abuse Treatment Program for the City of ~ ~ginia Beach. ITEM # 5442 MAYOR ROBERT B. CROMWELL, JR. LEFT THE COUNCIL CHAMBERS. On motion by Councilman Baum, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Mayor Robert B. Cromwell, Jr., and Councilman Floyd E. Waterfield, Jr. City Council approved the request of Mr. C. William Smith, Jr., Information Systems Administrator, regarding the establishment of a Programmer III position in the Department of Data Processing to upgrad the data processing services rendered to the Department of Social Services. No additional funds are required ITEM #5443 On__motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded v e as follows: A~s: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbo~, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Mayor Robert B. Cromwell, Jr., and Councilman Floyd E. Waterfield, Jr. City Council approved the following Resolution signifying the intention of the City of Virginia Beach to join in the creation of a Regional Water Authority under the Virginia Water and Sewer Authorities Act, and set a public hearing on this concurrent resolution for February 12, 1973, at 2:00 p.m. CONCURRENT RESOLUTION SIGNIFYING THE INTENTION OF THE COUNCILS OF THE CITIES OF CHESAPEAKE, FRANKLIN, NANSEMOND, .NORFOLK, PORTSMOUTH, SUFFOLK AND VIRGINIA BEACH AND THE. BOARDS OF SUPERVISORS OF THE COUNTIES OF ISLE OF WIGHT AND SOUTHAMPTON TO CREATE A WATER AUTHORITY UNDER THE VIRGINIA WATER AND SEWER AUTHORITIES ACT AND SETTING FORTH ITS ARTICLES OF INCORPORATION ~HEREAS, the Cities of Chesapeake, Franklin, Nansemond, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton constitute .all of the members of the Southeastern Virginia Planning District Commission which has contracted with Henning?~n, Durham & Richardson, Norfolk, Virginia, for an area-wide water system investigation; and WHEREAS, Henningson, Durham & Richardson has submitted its report entitled "Potable Water Supply Feasibility Study"' which recommends the creation of a regional water agency to pro- vide for the long-range water needs for the Southeastern Virginia Planning District; and WHERF2%S, the cities and ~counties located within the Southeastern Virginia Planning District desire to form an aUthorit~ pursuant to the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia of 1950, as amended) (the Act) _to implement the recommendations'of the report; BE IT RESOLVED BY THE COUNCILS OF THE CITIES OF CHESAPEAKE, FRANKLIN, NANSEMOND, NORFOLK, PORTSMOUTH, SUFFOLK AND VIRGINIA BEACH AND THE BOARDS OF SUPERVISORS OF THE COUNTIES OF ISLE OF WIGHT AND SOUTHAMPTON, IN SEPARATE MEETINGS ASSEMBI,ED: Section 1. The Councils of the Cities of Chesapeake, Franklin, Nansemond~ Norfolk, Portsmouth, Suffolk and Virginia Beach and the Boards of Supervisors of the Counties of Isle of Wight and Sol~thamPton hereby signify their intention to create a water autho- rity pt.~rsuant to the Act, to be known as "Southeastern Water Authority of Virginia." Section 2. The pufpoae for which the Authority is to be · formed is .stated in its Articles of Incorporation hereinafter set forth. Section 3. shal~ be as follows: The Articles of Incorporation of the Authority ARTICLES OF INCORPORATION OF SOUTHEASTERN WATER AUTHORITY OF VIRGINIA The Councils of the Cities of Chesapeake,. Frank~lin, Nan~emond, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Boards of Supervisors of the Counties of Isle of Wight and Southampton having signified their intention to' create an authority pursuant tO the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia of 1950, as amended) (the Act), which shall be a publ~.c body politic and corporate, hereby certify: (a) The name of the Authority shall be "Southeastern·Water Author~.ty of Virginia" and the address Of its principal office shall be Suffolk, Virginia. ~ ~. (b) The name.~ of the incorporating political subdivisions are the Cities of Chesapeake, Frank. lin,'Nansemond, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight 'and Southamptoh. (9) The powers of the Authority shall be exercised by a board consisting o~ one m,~mber residing in and appointed by the governing body of each of the member politic;~l subdivisions; provided, however, that upon the effective dat~ of the consolidation of the'.. Cities of Nansemond ~nd Suffolk into a single city the terms Of'the members representing tlLo. se cities shall terminate and the governing body of the neu c~ts~ s:i~all appoint a member to fill the vacancy who shall serve for the unexpired term. The names and addresses of the first members, the names of the appointing political subdivisions and the year of expiration of the terms of the first members are as follows: Appointing ~ political Expiration Name Address Subdivision of Terms ~s. Marian P. l~itehurst, Mayor Chesapeake P. O. Box 15225, Chesapeake, Va. Dr. Darden W. Jones, Mayor Franklin P. O. Box 96, Franklin, Va. Gurley A..Barlow, jr., Chairman, Isle of Wight Board of Supervisors, Route 1, Smithfield, Va. D. J. Ma~fgum, Jr., Mayor Nansemond 318 Sherwood Dr., Suffolk, Va. Roy B. Martin, Jr., Mayor Norfolk City Hall, Norfolk, Va. Jack P. Barnes, Mayor Portsmouth 1 High Street, Portsmouth, Va. W. H. Story, Chairman Southampton Board of Supervisors, Capron, Va. James F. Hope, Mayor Suffolk P. O. Box 1569, Suffolk, Va. Robert B. Cromweli, Jr., M~yor P. O. Box 5533, Virginia Beach, Va. Virginia Beach I975 1973 1974 1973 1976 1975 1974 1973 1976 The governing body of each member political sub'division may appoint an alternate w~o~may attend meetings of the Authority but who shall be entitled to vote only in the ~bsence of the designated memberl The terms of the first members shall begin on the date of the issuance to the Auth6rity of a certificate of incorporation by the State Corporation Commission and shall expire on December 31 in the years set forth above. .The successor of each member shall be appointed for a term of four years by the governing body of the political sub- division by which he was app0~nted, except that any person appointed to fill a vacancy shall serve only for the un~xpired term. Members shall hold office until their successors shg~]l have been appointed and qualify, and any member shall be elig~.ble for ~reappointment to succeed himself. The term of any member ~ho is also a full time ~ .employee of a participating political subdivision shall expire upon his ceasing such employment. Each member may receive compensation of $25 per meeting attended but not to exceed $600 pier year, or such other compensation as may be determine.d from time to'' time by resolutions of the governing bodies of the member political Subdivisions, but any member who is a full time salaried employee of t~e political sub- division by which he was appointed shall serve witho~t compensation. Each member shall be reimbursed the. amount of his actual expenses necessarily incurred in the performance of his duties. (d) The purpose for which the Authority is to be formed is to acquire, finance, construct, operate and mazntain facilities for developing a supply of potable water for the long-range needs of the Southeastern Virginia Planning Distric'C, including sources of water supply, water intakes, reservoirs, filtration and purifi- cation plants, pumping stations, transmission lines and storage facilities; together with all appurtenant equipment and appliances necessary or suitable therefor and all properties, rights, easements or franchises relating thereto and deemed necessary or convenient by the Authority for their operation. ~ The Authority may contract with the incorporating pOlitical subdivisions, any sanitary district thereof or any aUthority ~herein. created pursuant to the Act to furnish ~ater upon such terms as the Authority shall determine; provided, hoz~ever, that the same schedule of water rates shall be applicable to all such political subdivisions. The Authority is exf~ressly prohibited fro~ contracting with any other party desiring a supply of water except upon ttnc: written consent, of the city or county within the geographical boundarY, of .which such party is located. Pending completion o.f the necessary engine',ering studies an,d estimates, it is not practicable to set forth herein preliminary estimates of capital costs and initial rates for services of proposed projeets. (e) The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the incorporating political subdivisions. : IN WITNESS WHEREOF, the Councils of the Cities of Chesapeake, Franklin, Nansemond, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Boards of Supervisors of the Co6nties of Isle of Wight and Southampton have caused these Articles of Incorporation to be execut<:d on their behalf by their presiding officers and their seal:-~ to be affixed and attested by their Clerks, this _/;~0'-'~ay of CITY OF CHESAPEAKE By. (SEAL) ~ Mayor ATTEST: ATTEST: Clerk CITY OF FRANKI.IN. By. Mayor Clerk (Sn L) ATTEST: Mayor Clerk (SEA1,) ATTEST: Clerk · (SEAL) ATTEST: CITY OF NORFOLK. By, Mayor CITY OF PORTSMOUTH .By, Mayor Clerk (SEAL) ATTEST: CITY OF SUFFOLK By, Mayor Clerk (SEAL) A'rTES'[,,J / (SEAL) ATTEST: Clerk, Boa.rd of Supervisors (SEAL) ATTEST: Clerk, Board of Supervisors COUNTY OF ISLE OF WIG"HT By. .. Chairman, Board of Supervisors COUNTY OF SOUTHAMPTON By Chairman, Board of Super'visors- Section 4. The first members of the board of the Authority shall be those persons specified in the Articles of Incorporation. Terms of office of members and their compensation are as specified in the Articles of Incorporation. Section 5. The proper officers of the Cities of Chesapeake, Franklin, Nansemond, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton are hereby autho- rized and directed to execute the Articles of"Incorporation in substantially the 'form set forth above, to cause the executed Articles of Incorporation to be filed with the State Corp6ration Commission on or before the date of the earliest of the public hearings required by Section 6 hereof, to~ether with proof of publication of the notices of such .public hearings as' required by Section 7 hereof, and to do all things necessary and appropriate for the creation of the Authority. Section 6.. lution as follow~: Public hearings shall be held on this reso-. Poi ~ ,. ~..,d_ Subd :i v i s Jolt Date Chesapeake Feb. 20 Franklin Fc:b. 1.2 Isle. of Wight Ha~.~. 1 Nansemond Feb. 21. Norfolk Feb. 6 Portsmouth Feb. 27 Southampton Feb. 26 Suffolk Feb. 15 Virginia Beach Feb. 12 T i 7: 30 p.m. 7:30 p.m. =."' '30 p.m. 7:30 2~:30 p.m. 7:30 p.m. 10:O0 a.m. 7:30 p 2:O0 p.m. Council (ilmn:bar, CfTvi. c Centeg_ I. lu~licf ?~:l]. Cour tro,:,m, City Hall Ir;lc oJ: ¥.'ight Courthouse ~,=s~, ~on~t .Municipal B!hg( Council C~amber, City Hall , City Council Chamber, City Hall Courtland Courthouse Circuit Court, Municipal Bldg. Council Chamber, City Hall Immediately following each public hearing or an5· adjournment thereof, each governing body shall cause to be filed with the State Corporation Commission a record of ti ~ procee(.:.ngs thereof which shall indicate whether such governing body called for a referendum! pursuant to Section 15.1-1244 of the Act. Section 7. A copy of this resolution shall be published one' time at least ten days prior to the date of the earliest of such public hearings in the Norfolk V~.rgi~ian-Pilot, Norfolk Ledger-Star, Suffolk News-Hera]d, and Tidewater News, at lea~':t one of which is a newspaper having general circulation in each of the incorporating political subdivisions, preceded by a notice as follows: "NOTICE OF PUBLIC HEARINGS'' "Notice is hereby given that public hearings will be held as set out below on the following concu.~zrent resolution heretofore adopted by the Councils of the Cities of Chesapeake, Franklin, Nansemond, Norfolk, p~ortsmouth, Suffolk and Virginia Beach 'and the Boards of Supervisors of' the Countie. s of Isle of Wight and SoUthampton signifying their intention to create a water authority as set out therein ."' Adopted by the Counc:i]. of the Cit:.y of Chesapeake, Virginia, at a duly called meeting on , 19___. A~]~pted by tha Council of the City of Franklin, Virginia, at a duly called meeting on , 19 . Clerk, City of Franklin, Virginia Adopted by the Council of th~ City of Nans'~mond, Virginia, at a duly called ~neeting on , 19 Clerk, City of L~anse~on~, Virginia . Adopted by the Council of the City of Norfolk, Virginia, at a duly called meeting on , 19 ~.. Clerk, City of Norfolk, Virginia Adopted by the Council of the Ci.ty of Portsmouth, Virginia, at a duly called meeting on , 19 . Clerk,. City of Portsmoutb~ Virginia Adopted by the Council Of the City of Suffolk, Virginia, at a duly Called meeting on , !.9__. Cle~-k,~l',~tv o~ i~'~uffoik, Virginia Adopted by the Coun~cil of the City of Virginia Beach, Virginia, at a duly called meetins on ~.~,.f-- z~ " ._ .' '77-/------7~ " Clerk, cit~.b~f Virginia Beach, Virginia- Adopted by the Board of Supervisors of Isle of Wight County, Virginia, at a duly called meeting on , 19___o Clerk, Board of Supervisors of Isle of Wight County, Virginia Adopted by the Boa~a of Supez-visors of Southamption County, Virginia, at a duly called meeting on , Clerk, Board of Supervisors of Southampton County, Virg~inia On motRon by Councilman Ma3. bon, seconded by. Councilman. Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. . F--'rs: None ~ ;ent: Mayor Robert B. Cromwell, Jr., and Councilman Floyd E. waterfield, Jr. City Council approved thc request of the Department of General Services for $2500 to be transferred from salary account to capital outlay for the purchase of a new, la. rger postage machine to replace the old equipment which is broken ar. obsolete. IT£H #5445 On motion by Councilman Malbon, seconded by Councilman Payne, and by ~ecorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes. Nays: None Absent: Mayor Robert B. Cromwell, Jr. and Councilman Floyd E. Waterfield, Jr. --'City Council approved the following Resolution requesting the City of Norfolk to make connections and to furnish water through proposed water systems at First Colonial Road - Lynnhaven Junior H].gh School: 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 First Colonial rtoad IN THE CITY OF VIRGINIA BEACH~ FURTHER DESCRIBED BELOW: WHEREAS~ it is proposed by the City of Virginia Beach, Virginia~ at the request of the City of. Virginia Beach, Viygi.ni__a__~ to extend a proposed water main in accordance with the existing contract between the City of Virginia Beach and the City of Norfolk~ in Virginia Beach ,'-t-n,the streets listed as follows: Name of Size o'f Linear No. of S tree t P i pe Fee t HYdr an..t.s' Old Donation Parkway 1g 1190 Unnanle d Street 10 1Z55 all as described and shown on plan cntitl~.d~ Lyn~haven J'-?. High School ~ntrance ~oa.d and Site Plans , as Prepared by La~ley, McDonald and Overn~an Engineers., ~irginia Beacht Virginia . I"orm No. P.U, 26-2b NOW~ TIII'.]REFORE~ BE IT RESOI,VED., thai: the (:[t:y of !'],.,I-folk be and it hereby is~ requested to make a com'tection of [}'/(t proposed water mains with the present mains of said City at the s;aJd desig~at'.ion~ and upc, n completion of the installation of the proposed mains~ t,, s~,.pply water to consumers residing .t'hereon~ Jt being expressly understood and agreed that the supplying ol said water by the Cit'y of NorfoJk shall be upon and subject to the following terms and conditions: 1. That the said water main:~ 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 hcreafrer'~ charged by the C[Ly 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 Cit¥~ now o~ 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 ~mde~: no obligation to furnish more water than its distribution system as nov~ lard, with the pressure carried~ will deliver into said mains, amd i~ tl~e said supplying of water shall not be Jn accordance with the standard service~ the said City of Norfolk shall not be held responsible in any 5. That in supplying water to consumers along tl~e said proposed mains~ the City of Norfolk will supply the same only £~om its surplus supply~ and that in no event shall there by any obligation on the part of said City to supply water to any consumers along the proposed mai;~ at any time when~ in the judgement of the Council of the sa-~d (,it:y of Norfo].k~ the said City shall not have sufficient supply for us~ within its co~po~'ate ]imits~ or whenever the supplying of s-aid water shall interfere with the discharge of the duty of said City to supply water to its own inh,.,~bitants. 6. That from and after the installation of thc~ water mains and hydrants they shall become the property of the City cf Virginia Beach. The City of Virginia Beach shall grant to the City cf Norfolk the right to use such mains and hydrants for the supply of wat'e~'; 'and further grants to the City of Norfolk ready and reasonable access to them. 7. ~]~at' for any fire hydrant, installed at the request of the Cfty of Virginia Beach~ a rental payment of (-)ue H, mdred J)ollar;~ ($100.00) a year for e~ch hydrant shall be paid to thc City o~ ADOPTED BY ~E COIR~CII/of the City of x~ir inJa Be~cb. Virgihia this ' '~'~ .... 19~. APl?ROVED: ITEM ~S~4.6 On motion by Councilman Malbon', seconded by Councilman Payne, 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. ,Hurray Malbon, J. Curtis Payne, and Donald t-l. Rhodes. -kkq y S: )sent: Jr. None M~yor Robert B. Cromwell, Jr. and Councilmafl Floyd E. Waterfield, City Council approved the following P, esolution requesting~ the City of .Norfolk to make connections and to furnish water through proposedi water systems at Baycliff, Section IV - Lynnhaven Borough: WI-fERJ'CY~[;, ft is requested be' the City of Virginia 'gee. ch, al the request of the Ba. ycliff Dexel. op:aent Corix,ra~.l. on; to) extend proposed water n':.2ins in accordance with the et.:Jsting contract between the City of Virginia 7Seach and the City of Norfolk, in Bay- cliff, Section IV, in thc street as listed below: Name of Stree. t Size of Pipe Lineal Feet ~[ of Hydrants Seafarer Cove 6" 451 4" 440 Bay Point Drive 6" 3076 3 Sunset Poin~ 6" 757 ] 4" 442 .Bay Breeze Drive 6" - 1155 1 4" 603 ]J;as t Road 6" '142 Bay Breeze Court 4" 3Z3 Bay Breeze Circle 4" 336 Bay Breeze Cove 6" 702 ./ Bay I>eint Court 4" 165 Sunset Court 4" 175 All as described and shown on plans entitled "}Saycl~ff, Section IV" Constructior.~ Plans as 1-' P~ ~"e ~'red by Ta]boi', W,':rmers and Associates, ltd., E~gineer~ Planners and Survey'ors, Vir ~nia Beach, Virginia. . - · · ' o f I h e City of Norfolk shall be upon a~,d st;biect to thc /cl]o',,'i~ig terms :,:~d conditions: 1. That thc, ::aid water main~; shal~, t)e in:~[al.!cd ~n accordance with thc specifications or ~ne ,,aid City <,f Notre~' ~..~c~io~i c)f tl~e Director of Public Wdrks of sltid Git'/, at no cost to thc City of Z. That the water so sopplied throu~jh said m?.ins : -~ const:mers shall be at '~ City of Norfolk to consumers beyond the sa~ne rate now, or her,-after, charged by the lindts of said City simi-!~,r!y situated. 3. That all ordinances of the City of ~Jc, rfoik and :~.D r~les and regulations of .the Division of Water S:~pply of ~;ai,:i City, now or l~ert:; :'tot' ;,..dol:,~ed and p,a~ into effect, , .. .:,-~, of water through the relating to the furnishin,"~:: of water z~.ll apply to iixe said proposed mahts. .gat:on t.o furnish more 4. That the said City of Norfolk shall be ,n::!er :'c. ?bls ' water than its distribution system as nov..' laid, -,vitk tt~ pressure carried, will deliver into said mains, and if t:hc said suppl':,i?.g of water ~:1,;: ~ ~ot be in accordance with the standard service, the said City of ?lorfo'tk shall ~,~t bc I~: },] rcs'p~msi, bie in an5' way. 5. iThat in supplying water to con~:utners aJc',n:~ :he ~;aid proposed naains, the City of Norfolk will supply thc: sa~e only fr'or':~ its s~'.:';]v~ ,,uppty, and that in no event shall there he art/- ob!igation on tbs: part of ::.a'i.~ :.ii~: t:o ~;upply water to any > .....a ~t any ti'nye v.l~,.: '~: *~'c judge:~ent of the consun~ers along the Council of the said Gily of Norfolk, tt~e s:aid C:,!y s}=;:~l.i ~,,d ]:a'c'e sufficient sttpply for use within its corporate ]in, its, or whenever thc ~,ui:, .'~5:5:::": of s~id x,~ater shall i~ter- fere with the discharge of the duty of said City to su 'q,~.y 5"atop to it:~4 own inhabitants. 6../That frm'n and a .... o-r the .i.~si::~l~,' tion c,i Ih, :..,::t ;: :'F~ains r,,--', hydrants they sha!] b~co~,e the properly of the City of Virgini;~ 1~'.:7,::'t~. ",, (.~l:y- of 'Virgh,!a ]3each shall :o~,v t'o cl~ n--~::~,,-~.~ ;x~:] h,.d~ant:~ {or the supply of grant to the City of Norfoll-: the water, and further gravels to the Cily of Norfolk r't..a,:v ;'rd rests;enable access Lo thena. 7. That for ariy fire hydrant insta'l]ed a! tl'~e r,',q,'~' sl of the Gl. fy of Virginia · I)o~J,'~, '.; ( :,a~, ri(';} a year for eactt hydrant Beach, a rental paynqent of One. Ilt~ndred shall be paid to the City of Norfolk. ADOPTZ;lfi BY Tile COUN~I'!, of Ibc City /,.7 day or ' ,., Virginia this · ITEM #5d47 On motion by Councilman Halbon, seconded by C. ounc:ilman Payne, and by recorded vote as follows: ~yes: Councilmen ,John A. Baum, Robert ii'. Ca!lis, Jr., Vice Hayor F. Reid irvin, George R. Ferrell, Charles b'. (;ardnov, Clarence A. Ilo]land, D. Murray la. lbon, J. Curtis Payne, and I/on~ld It. Rhodes. Nays: None Absent: Jr. Mayor Robert B. i':o,,:,;el].. Ar. and (]ounciln~an Floyd E. Waterfield, City Council approved the I-o! lowing Re:;olutic, n req::~e:;t:in,: the City of Norfolk to make conuections v~nd to ['~rni:~h wa'~er tbr,~?h F~.~,pa~;ed waler systems at Landmark Square (office Park) I.ynnhaven Bc, r~ugh- A RESOI~UTION Rr~QUESTI'NG THr-' CITY' C,F ~:~I~,~ ~ ' ...... p O,.~K TO :make. connections and to furnish water th rc:u~zh a ,: ,,s;tem ]ocated at Land,mar-7 WHE~R~_7AS, it is requested by the Ci.~:7 :)/ VJ':gini. a Beach, at the request of Talbot, Wernxers and Jkssociates, ibtct, to, ~:>.:tct~,d proposed water mains in accordance with the existing contr~:~ct betwec:~ ii~e c'ity of Vi'r~ri ia Beach and the Gity of Norfolk, in Landmark Sc!ua re in ~?,:; s~treet a.s listed below: NAME OF STREET Landmark Squa re Utility Easement Virginia Avenue Norfolk and Southern R/W 8" ~pplewood Lane 8~ SIZE O.F' P": :51 ": i75 # O? HYDRANTS All as described and shown on pia~,s e~'~t~t:ea' ' ' T, andnxark Square" formerly '~.W.S.F. Office Park" Construction F'lans a~ p:epared by Talbot, Wermers and Associates, Ltd., Engi:neer~, Plam~ers a m~ ;Surveyors, Virginia Beach, Vir gin ia. · - 't:'~- ~ that ' ~ereby is requeated to ~ke a co~¢¢'~or~ of ~e proposed water ~ains ~-i~h ~e ' present mains of said CiW at the said de,~.~r.,.on, and upon co~nplet/on of the .~~ation of the proposed maas, t~ supplywarer to consumers residing ~ereon, :'.'. -'CiW'of Morfo~ shall be upon a~ subject to - I. ~at ~e said ~*ater mLns shall be xns,al.ed --¢cffi=tions of the said Ci~* of Norfolk and - -~c Works of s~d City, a~ no c~st to [he CiW o.[ Norfolk. ' 2.. ~at ~e water so supp!i~ th, rough said =~ains to conmrmers sha~ be at ~ ~ame rate mow, or hereafter, charged by ~e Ci~. of Norfolk ~o co. rimers beyo~ ' ~e'l~ts of said City si~Imrly situated. - 3. ~t all ordnances of the Cit~ of ~O~OJ2~ e~n. all ~es ~ re~l=~ms of ~e Di~sion of %Vater Supply of sa~d Cir'~, nov; or h~,rc~=.~,er a~5o~ted ~ ~t ~o effect, 2:$~4 proposed _ .' ' 4~ That the said Cib£ of Nnrfolk __. s~ard set.ce, ~e sai~ C~tyof 5. That m suppiy/ng water to c:on~-~r'.?._ers ~!on! t'._~_e said pr°~s~ ~Lns, the e~nt sha~ ~ere be a~- ob~gation on ~5~e 'part of said City to supply ~'zter to Council of the said City af Xozfaik, Cr~e said City sh;:..2 =ir)t have s~i~.~ s=pp!y for .~s corporate ~its, or ~k~never ~e sa~'q>~y~zg of said ~azer she ~ter- b~ome the prooer~f of the Ci~" of ~r-. :_: :- , Norfolk the rz~::r: ::o ~,:se such. ::.a~in:~ and h-F~,rants for ~e su~!y of '.gr~t to the Ci~- of ' ' ~ .... ~ter, ~d further grits to the Cfi';, of Norfo]X --=,~,d,, ~-~ ~y a=d reaso~ble'access Beach, a rental ~}~nent cf One H~d=c:d Dollars .(~; ~.r~-,o~..,.. 0D) a y~r for s~ be paid to ~e Cibf of NorioR~. ~-~OOPT~JD BI' THE COUNCLL of the City' of ~ :: -' -~ A, PPR. O'\;"E !: Vir g~.nia this ITEM # 5:1d8 UNCILMAN ROBERT [1. CALLIS, JR. LIiI::T TIiE COtI!~C1L CItANBERS. On motion by Councilman Payne, seconded by Councilman Malbon, and by recoraed vote as follows: Ayes: Councilmen John A Baum, Vice Mayor F P, eid Ervin, · , · ,eorge R. Ferrell, Charles, W. Gardner, Clarence A. Itolland, 1). M~rray ?dalbon,: J. Curtis Payne, an Donald H. ~odes. Nays: None Absent: Mayor Robert B. Cromwell, Jr., and (;ounci.l.;ie~ Robe'~rt H. Callis, Jr., Floyd E. Waterfield, Jr. City Council appro~ed agree~,,ept~ reque:;tJng w~ter L:~ .'~ - ' .~ extensions from resident: on Sandfiddler Road at Sandbr.i~lge belween Po~poi>~e .~nd and Bass Street The estimated cost of this line is $14,000 Si~,~c,! ' ' · g--. ag"ee:ncnts have been received from twenty-seven property owners, or $10,800 v,'hic!~ is 77% of the 'estimated cost of the projec": ' (COUNCILMAN CALLIS AND MAYOR (TRO}'IIVELI, RF,'.'[!F(NE[i TO T~iii COUNCIL CttAMBERS) p4r. Calvin Spairt, Attorney, appeared cn behaJf of' )Ir. t~'alker regarding flag lots in his subdivision. On ntotion by Councilman Malt)on, seconded by (7oun('-',-~man Ca]li,~ and by recorded vote as follows: Ayes: Councilmen John A. ga~m t'~3bert I1 Call. 25- fi Hayor Robert B Cromwell, Jr., Vice .Hayor F. Reid Firvin, Geor!',,= .: Ferre]l, Charles W. Gardner, Clarence A. tk)lland, D. Hu~'~:O, Mall',on> J. C:urtis Payne, and Donald ii. Rhodes. Nays: None Absent: Councilman Floyd E. lfaterfJe]d, ,Jr. City Council deferred indefinately the matter .'ega, rding Walker Subdivision- Flag Lots to allow the Board of Zou.ing A~('~I]~ t~o le reg a , t ru arding variance for the lot size. ITIiM l! 5450 --Council. man Baum presented the foll.(;win~ amemln::::ni:; to the original ttouse Bi]l 99 whic]~ are presc, ntly u:tder co~:;ide't'at5. ~' Since the enactment of tfous:~ i~J.]l 99, "the authorization by State co.'].e to assess and ha× prope'-~".V devoted to agriculture~ horticulture, forest and o~:on sp:~ce use"' ~':~re have been some major concerns by the four municipalities adop~ing an ordinance pursuant to H.B. 99, These concerns are shar~d by the State Land Evaluation Advisory Committee and both the Ad'.~,isory Committee and municioalities are t.~orking no~.~ to correct th~ :~ concerns to more aptly promote the preservation of [the~e ].and~: for long term public benefits. The City of Virginia Beach has been ret:resented by councilman John Baum, Clyde Merritt, City i(eal E~tate At;sensor, and E. Cockrell, Jr,, VFI Extension Agont, J.n sove,~0.! ~.~orksho~s held by the fi,.tat,~-~ Land ]~,,"~a]~ation Advisory CommJ · t:.on~ :?o~r change: orizinal bill are t~e follot.~in~:j sug~?r., · ' '~ '~ le interest of 1. A requirement may oe pror;o~;ed tn:~,. 6% be collected on the ro.l.l~-back ~;~':.: to be paid the time of tho c~at'ig--:- in usc.; th,:~ .t'<:~l.l-back ta.x being the difference bet',,:e',nn tax,os uaid on 1.,he basis of use and. the taxed that would have beea r)uid on fair market value for the year .~ tire ci~an~:~, and the proceeding five !~ears .. ' 2 There is conside::'ation by the t.dv!sorV Commzttc~ to al- low only those promcrt'!es con:t2z~te:ut ~ith zoning and ~n_c~, to b an~:eo ..... 1 and taxed on the ba:;i:; of u..;~; j..r:. '~./' suc~ an amendment would be authorized by General Assembly the City could declare ineligibl[~~' lando zoned or' ~r ~w~'~ o n.~ th~n agr_iculture. Under consideration is the possibility of fees being required by the locality for ali a~lications. Although in the early stag,~;s of discus~ion, there is justifiable consideration being given to requiring long term contracts by land owners to qualify. The intent of these possible amendments !~ to insure; long term public benefits to the total city rather than giving tax benefits to any special interest It will be the purpose of the three V~.r?~.nie, Beach represen- tatives to keep close watch on any changes wi~icn :'nay be forth- coming and to act uDon tax changes in suah a ,~a~',,' to benefit the specific desires of this 'City. ~ice Mayor ErvSn directed Lbo C Jr), Attorney t.o prepnre o Resolution for Council's consideration on January 22, 197.3, requesting the Genera] Assembly to give support to the Model Mark~tabJe TitJe Act. ITEM # 5452 Councilman Holland informed CoUncil that he ]~,d given the City Manager a letter concerning the Emergency Coronary Care. Pro~rar,, which Js under Dr. ~ickson and Dr. Charlton. Hr. Scott indicated that he would look into the ossibility of ~he City standing behind fundj~-~g that Js anticipated from he community to put thJs program in operation. ITE~4 # 5453 Councilman Holland suggested that Council aT)prove a loan in the amount of $3,200 to the Virginia Beach Civic Chorus. * ITEM # 5454. Councilman Holland suggested that Council g.ive consj(teration to the possibility of ~ monetary contribution to the P'r]incess Anne Band, which has been selected as the only band in Virginia to part]icip~te .i~ thc ~for].d Music Festival to be held in Austria in August of 1973. ITEM # 5455 Councilman Holland requested Hr. George Hanbury, Acting Director of Co~-~munity Services, to investia~e the necessity of exte~dJn~, East Ocean View Road into Sandy Bay Drive. This extension would tie-in Chcs~l~eake Beach. to Baylake ~nes This connection is h'o- ~ "' ' ~.~h~.y obiectJo~,~all.,c: t'~, ~anv of the residents of ~ylake Pines as the road leads to a r,.eside~]-tzn~ beac!~..-~ront area with very imi. ted ingress and egress f~cilities and at its jt~nct~on with Chesapeake Beach has a dangerous jog in the street alf.qnmen!-. ITE.~I # 5456 .. On motion by Councilman Caltis, seconded by Councilm~n reco. rded vote as follows- ' Ayes: Councilmen John A. Baum, !~ohert H. Calli~; Cromwell, Jr., Vice Mayor F. Rei.. ~' Gardner, Clarence A. Holland I) Donald H. Rhodes. ' ' Nays: None Ferrell, and by -~ ,)r., }.la. yor Robert B fyi. n, ~eorge ,t. Ferrell, Charles W. ;'.iurray-~4albon, ,I. Curtis Payne, and Absent: Councilman Floyd. E. IVaterfi. eld, Jr. City Council noted its intention to hold a. closed r~eeti, ng on January 8, 1973, for the purpose of discussing items per~nitted for disc~ssion under the ,Freodom of Information Act of the CommonweaJth of V~irg-in~a. IT]!~ # 3457 On motion by Vice Mayor l!rv.in, seconded by Councilman vote, the meeting adjourned. ('ity of' Virginia Beach V :i r t; i n i a ' Payne, and by unanimous ITEM # 5164 /Application of Terry Co~-~ora~ion of Virginia for a ~Jse )>ermtt to construct 241 townhouses for sale On certain property located--oW '~lTe'-f~uth side of Holland Road and East of Cd~,:in Crive in the proposed Ttmberlake Planned Unit Development. Parcel A: Use Permit to construct 62 to~nhouses for sale on certain property located 460 feet r.~re or less South of Holland Road and S30 feet more or less F_ast Of Proposed South Plaza Trail Extended° Said parcel is adjacent to the proposed Timberlake ~ecro:tion Center and contains 5.5 acres more or less. Parcel B-l: Use Permit to co~,~truct 76 tin,rehouses fcr sale on certain property located on the Northwest corner of ?reposed Timberlake Drive and Proposed Independence Boulevard Extended. !Said parcel contains 6,2 acres more or less. Parcel B-2: Use Permit to construct 103 to~,mhouses for sale on certain pro- ., ~-- - of proposed Timb~lake Drive and Pro- perty located on the ~,ort,,,,~:a,~t corner posed Independence ~]oule. vard ~%xtended. Said parcel contains ll.3 acres more or less· o i Corporation of Plats known as Preliminary of Ti~:~erl'ake, ;~ect on 1, Terry Virginia by Marsh and ~;as~.ier dated kuoust~ 1977 are available for ~re de- tailed information in the i~part~nt o~ Cit~F Planning. (Larkspur-)~ast Farm Areas · KEHPSVILLE ~n~l, ~, The Planning Commission rocor:ends a~provat of t)~is request subject to a modification totaling 207 tow~houseS: Parcel A: Recc~,~end a re~.ct, ton.fr.~? .62_to~mho~se~sf~~ 50 townhouses and that be .made for a '~ ~,~re tot lot :o ~')e useu active recreation. provision , ' Parcel B-l: Recommend a reduction from 76 townhouses to 54 townhouses and that a building setback li~e of 40 feet be establi~',?d from the right of way · In addition line of Ttmberl~:e ,.;. lye ~o provide privacy for the ~d units a revised site ~ :~ust he submitted sho~ing a .5 acre park (tot lot). Parcel B-2: Recommend approval of 103 townhouses and a 40-foot building set- back line be established from the right of way line of Timberlake Drive. In addition, a no tngress-e~m~s easeme~)t should be provided along the property line adjacent to Independence Boulevard. The motion for approval suggests participation in school site acquisition and Engineering Division requires standard subdivision review. Public Utilities requires central water end City sewer and standard water afld sewer agreements. ITEM # 5164 Co,,pora ti on of Virginia for a U.s__e permit to construct ~ppltcatton of T. er~y__._ ~. ~ ~ in ~ropJrty located~n ~j~'-[F~uth std~ of 241 townhouses rot sa.~ v. ~e_ta . . Tire. flake Planned Unit !iolland ~oad and East of Cd~tn 7~tve tn tho proposed Develo~nt- construct 6~ to,~houses for sale on certain Par~l A: Use Pemtt to less ~outh of Holland ~oad and 530 feet ~re or less 460 feet ~re or - ~ -, d ts adJa~nt to the lo~te~ _ - ~-..-- ~aza Trail [x~endm~, .S~t parcel Kast of ,roposeo ~uu~,, --,.[._~ ~t~r and con.ins ~.5 ac~s ~ or less. Parcel B-l: Use Peri. it ~ construct 76 tmmhouses f~ sale on certain pm~rty lo.ted on the )4orthwest comber of ?~poscd Timberlake ~ive and Proposed ,~ , ns 6.~ ac~s ~ or less. [nde~ndence ~ulevard ' t~d~d' .,~d p~rcel contai Parcel B-2: Use pe~it to construct 103 tot*~houses for sale on certain P~' perry located on the '~.;o~t~,~a~t corner of proposed Timb~lake Prive and ~o- ~sed Inde~ndence ~oulev~r:~ Cxtended. Said parcel contains ll.3 ac~s or less. Plats kno~ as p~ltmtnary of Ti~:,~erl'ake, Section 1, Terry ~rporatton of <, - dated Auoust :972 am available for ~mm de- Virginia by blarsh and ~a,~qier - tailed tnfo~tion tn the ?:epart::~nt of C:t.:~ Planning. (Larks~ur-~.~ast The Planning C~tsston reco::(::::ds a~proval of t!:is request subject to a ~dificatton totaling ~07 tovmhouses: Parcel A: Recm~nd a reJuctton fr~: 62 ~v~nhouses to 50 t~houses and that provision be ~de for a .::, :::crc tot lot to be us6d for active recreation. parcel B-l: Reco~end a reduction frm 76 t~houses to 54 ~wnhouses and ~at a building setback line of 40 feet be establi:?::<~':t fr~ the right of way lira of Ti~erlak. e [:?~tve to provide ~rivacy for the e::d units. In addition. a revised site ~::'q ::ust he submitteU showing a .5 acre park (tot lot). Reco~nd approval of 103 to.houses and a 40-foot building set- Parcel B-2: ~stabltst~ed f~m the right of way line of Tim~rlake Drive. In back 1 t ne be addition, a ~ ingmss-eqre~s easement should be provided along the property line adjacent to Inde~nUence Boulevard. The ration for approval suggests participation in sch~l site acquisition and Engineering Division requires standard subdivision revt~. Public Utilities requires central water and City s~er and standard water amd s~r a~re~nts. ITEM # 5164 ~ppltcatton of Term./ Co~'~ora'~ton of Vtrgtnta for a Use P~emtt to construct 241 townhouses for sale on certain property located--o-~ '~uth sir of !{olland Road and East of r~d~in S~ive in the proposed l'tmberlake Planned Unit Devel opnent. Parcel A: Use Permit to construct 62 townhouses for sale on certain property located 460 feet more or less South of Holland Road and 530 feet more or less East of Proposed South Plaza Trail Extended° Said parcel is adjacent to the proposed Timberlake Recreation Center and contains 5.5 acres more or less. Parcel B-l: Use Permit to construct 7~ tmmhouses fcr sale on certain property located on the Northwest comm~ of Proposcd Timberlake Drive and Proposed [ndependence Boulevard Ext~ded. Said parcel contains 6.2 acres more or less. Parcel B-2: Use Permit to construct 103 tmmhouses for sale on certain pro- perty located on the ;;orti~ea;t corner of Pro?osed Timberlake Drive and Pro- posed Independence ~oulevard Cxt~nded. Said parcel contains ll.3 acres more or Tess. Plats known as Preliminary of Tir:~erlake, Section 1, Terry Corporation of Virginia by Harsh and ~asqler dat~d Au?ust~ t977 are available for ~re de- tailed information in the ~p~rt~nt of cltv Planning. (Larkspur-Hast Farm Areas). KE~IPSVILLC B~ROUCH. The Planning Commission feces:ends a~proval of t!;is request subject to a modification totaltn.o. 207 townhouses: Parcel A: Reco~nend a re,:h~ctton from 62 townho, ses to 50 townhouses and that provision be made for a ~':~ a¢~e tot lot to be used for active recreation. Parcel B-l: Recommend a reduction from 76 townhouses to 54 townhouses and that a building setback line of 40 feet be establis~-~ed from the right of way line of Ttmberlake ~:~tve to provide privacy for the ~d units. In addition, a revised site n!~n ~'~ust he submitted showing a .5 acre park (tot lot). Parcel B-2: Recommend approval of 103 townhouses and a 40-foot building set- back line be established from the right of way line of Timberlake Drive. In addition, a no ingress-egress easeme)~t should be provided along the property line adjacent to Independence Boulevard. The motion for approval suggests participation in school site acquisition and Engineering Division requires standard subdivision review. Public Utilities requires central water and City sewer and standard water and sewer agreements.