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HomeMy WebLinkAboutSEPTEMBER 15, 1975 MINUTES OF THE SPECIAL MEETING OF TI:E HONORABLE CITY COUNCIl. OF 'File CITY OF VIRGINIA BEACH, VIRGINIA September 15, 1975 The special 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_rincess Anne, on blonday, September IS, 1975, at 8:00 p.m., for the purpose of ~nsidering and acting upon regular City business. ..~e invocation was given by the Reverend George V. Puster, Princess Anne Methodist Church, Virginia Beach, 'Virginia. Councilmen present: John A. Baum, Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. ttenry McCoy, Jr., 51ayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Councilmen absent: Robert It. Callis, Jr., and Charles W. Gardner ITEM #8834 On ~notion by Vice Mayor Ferrell, seconded by Councilman Waterfield, and by re- corded vote as follows: Ayes: Councilmen John A. Baum, Robert' B. Cromwell, Jr., Vice Mayor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., ~.layor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert H. Callis, Jr., and Charles W. Gardner C~-ty Council approved the minutes of the regular meeting of September 8, 1975, ~ ~ dispensed .~.:i+~ ~ .,.~:..~, ~_.~ ..... ~,,c rco~,s of ~u minutes inasmuch as each Councilman had ~ ;opy of the subject minutes before him. ITEM #8835 Councilman Callis arrived at meeting at 8:15 p.m. On motion by Councilman Cromwell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. l'~aterfi, el.d Jr. Nays: None Absent: Councilman Charles W. Gardner City Council approved on 'second reading an appropriation of the following funds in order to bring outstanding purchase orders into the current fiscal ),ear: General Fund Water and Sewei Fund School Operating Fund Data Proccssing Working Capital Fund 643,353 74,436 903,998 849 Total $1,622,636 ITEM #8836 On motion by Councilman Standing, seconded by Councilman Holland, and by rccord vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cro~mvell, Jr., Vice Mayor 'George R. Ferrell, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd ~. Waterfield Jr. Nays: None --~bsent: Councilman Charles W. Gardner :'... Sity Council approved on second reading the payment of the maximum supplement permitted to the General District and Juvenile Court Judges. This will result in a salary increase from $33,535 to $36,180. ITEM #8837 Application of Raymond.J4. Barrett for a Conditional Use Permit to construct a duplex on certain property beginning at a point 120 'Feet East of Carribbean Avenue, running a distance of 60 feet along the lIcrth side of Virginia Avenue, running a distance of 100 feet along tile Eastern property line, running a dis- tance of 60 feet along the Northern property line and running a distance of 100 feet along the Western property line. Said property is known as Lots 23 and 25 Block 48, Shadowlawn ' '~ , heights and contains 6000 square feet. (Shadow- l.-. .... u~ ~. Ar~a~ , ..... · .......... P1 anning Commi s sion Recommenda ti on: A motion was passed by the Plannihg Co::mfission by a recorded vote of 10 for the motion and 1 against the motion to deny this request due to the opposition of the residents in the area. Mr. Raymond M. Barrett appeared on behalf of his application. following appeared in opposition: Mr. Bill Scott Mr. Ronald Bayne Mr. Michael Oxx Mr. James Jones - 713 Virginia Avenue - 724 Virginia Avenue - 704 Virginia Avenue - 704 Virginia Avenue On motion by Councilman Callis, seconded by Councilman Standing, and by recorde~ vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. lVaterfield, Jr. Nays: None Absent: Councilman Charles ~. Gardner City Council voted to deny the above application of Raymond M. Barrett for a Conditional Use Permit to construct a duplex on certain property beginning at a point '120'"f~'et East of Carribbean Avenue, running a distance of 60 feet along the North side of Virginia Avenue, running a distance of 100 feet along the Eastern p'roperty line, running a distance of 60 feet along the Northern property li~3~ and running a distance of 100 feet along the Western property line. Said pr~ ~rty is known as Lots 23 and. 25, Block 48, Shadowlawn Heights and contains 601 square feet. (Shadowlawn Heights Area). Virginia Beach Borough. -Denial was due to the opposition of the residents in the area, and is detrimental to the health and welfare of the neighborhood. ITEM #8838 Application of Raymond 1,1. Barrett for a Conditional Use Permit to construct · a duplex oil certain property beginning at a paint 60 i:eet East of Carribbean Avenue, running a distance of 60 feet along the I.~orth side of Virginia Avenue, running a distance of 100 feet along the Eastern proaerty line, running a dis- tance of 60 feet along the Northern property line and running a distance of 100 feet along the Western property line. Said property is known as Lots 27 and 29, Block 48, Shado;.~lawn Heights and contains 6000 square feet. (Shadow- lawn }ieights /',rea). VIRGINIA BEACH BOROUGH. Planning Commission Reconmendation: A motion was passed by the Planning Commission by a recorded vote of 10 for the motion and 1 against the motion to deny this request due to the opposition of tt,e residents in the area. Mr. Raymond M. Barrett appeared on behalf of his application. The following appeared in opposition: Mr. Bill Scott Mr. Ronald Bayne Mr. Michael Oxx Mr. James Jones 713 Virginia Avenue 724 Virginia Avenue - 704 Virginia Avenue - 704 Virginia Avenue On motion by Councilman Callis, seconded by Councilman Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis .Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Na.~s: None A ent: Councilman Charles W. Gardner City Council voted to deny the above application of Raymond M. Barrett for a Conditional Use Permit to con. struct a duplex on certain property beginning at a p~i'nt '60 'feet East 'of Carribbean Avenue, running a distance of 60 feet along the North side of Virginia Avenue, running a 2istance of 100 feet along the Eastern property line, running a distance of 60 feet along the Northern property line and running a distance of 100 feet alon~ the Western property line. Said property is known as Lots 27 and 29, Block 4f;, Shadowlawn Heights and contains 6000 square feet. (Shadowlawn Heights Area). Virginia Beach Borough. DenS. al was due to the opposition of the residents in the area, and is detrimenta] to the health and welfare of the neighborhood. ITEM ~8539 Resolution of the Council of 1:he City of Virginia Beach to amend and reordain Article 6, Part D, of the Comprehensive Zoning Ordinance pertaining to housing for the elderly in the. A-4 Apartn~ent District. Hore detailed inforn~ation is available in the Department of Planning. Planning Co:amiss: :~ Recow~mendation: A motion was pa.~ Ul~ani,.:ously by the Planning Com;,Mssion by a recorded vote o? I'l to deny ti' request because conventional apartment houses meeti'.~.g exist- ing zoning requi~c'.nents can ade.quately meet the needs of housing for olde:- adul ts. On motion by Councilman Watcrfield, seconded by Councilman Standing, and by recorded vote as follows: Ayes: . Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. }{enry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd F.. Waterfield, ~ Nays: None Absent: Councilman Charles W. Gardner C y Council voted to deny the following ordinance to amend and reordain A icle 6, Part D, of the Comprehensive Zoning Ordinance pertaining to Housing for the older adult in the A-4 Apartment District: AN O]IDINANCE 7'0 AM. END AND REORDAI'.'~I ARTICJ~I~] 6, PART D, O]F T}-I]~ GOMPRI~IJ}z;IXl-- SIVID ZONING OI.IDIN/~Iq'CE PlClITAiNING TO ItOLISING FOR TIlE OI~DJCR ADULT IN Tlllg A -4 2~ Pier %I.'MI~N T DISTRICT Big IT O].~DAIN. I,gD I35' THE COUNCIL OF THE CITY OF \~IRGINIA I3...,ACH ViRGINI&: TI'tat Section 631, Use Regulations~of thc C.Z.O.j.s amended and re,- ordzined as follows:. Add: All. of the uses and structures percY, itl.ed in the A-3 Apartment Dislrict. In addition, private c~,,,~.,, lodges, social centers and athletic clubs shall be permitted as principal uses and structures rather than condilional uses; provided that no club or other organization conducting commercial ally:irs as a principal act?ity shall be allowed. Furthermore, 'hou~in,g. for the older adu]t is permitted as a conditional use. Uses a~'soci:trec~ with prom) ]; ,;, ,-,' needs . ~, ' ' ........ ~ ..x..n= for comfort, health,_ and we/fare of the ' ~ oJc, er adult and used for such purposes as *~l .... , ..... "' facilities, co~'nrnon ~ni.n,, facilit,~:~ subsidi~:,~D-__r_~etail £acilitie s, and simile, r or related faci!!tie s are permitled as accesso:'v uses; ~>rovJded that there shall be no evidence of such e:;lablishn~ents from out:~ide the zonin~ lOt. That Section 632, App].icable Requiremen':s Generally, of the C.Z,O. is amended and rcordained as follows: Add: Except as hereinafter provided, al.3. of thc other requirements applicable to a'n A-3 Apartment District shall appJy within an 7~-4 Apartment District. J-lo2}si.~2] for the o]der adult is en- courar, ed to include the fol. loxvin~, "~hvr;ical components: (a) Ramps or elevators in addition t'o st6l)S. (1>) Non-skid fl. oor:;, (c) 1)oors of sufficient xvidt}~ to ac:cornmodale wlmel chairs to all rooms. I · (r.) (h) (i) That Section 633, Ek:ctric cookinff stoves. ... Showers in Place of l'ul)s £or mort: than fifty .(50) per- cent of thc: dv,'c]ling units. l~leclric outlct~ at levels at. }east t~vCnty-four inches above the floor. Grab bars around tubs (where tubs ~re lirovich:'.d) and Central heating. Ilandle type spigots and doorknoSs. Emergency signals which ring in adjoining aparlments and at a central location. : of the C. Z. O. Specific l{egulations, 'r~ordained as follows: Ada: (a) · % Add: Ma>:imum density rating for m.ultiple family, detac:l'.ed, semi-d.~.tached and attached dwellings shall be thirty-six (36) dwelling units per acre, except in the case of for the older adult, the ~a>:in~uq~le~si~JD~ x'a',:in~xl shall be ~ >([ y ( 6 0 ) d w e ~ i,~g u n i [ s. p e r a c r~: A n ~ i n i m u,'n o i Z 4 0 square feet of permanent recreational/open space shall be provided for each dwelling unit. Lot coverage shall not exceed thirty (30) percent. No portion of any building or other structure located within ahA-4 Apartment ]3i. stri. ct shall exceed 1Z0 feet in height. 634. Off-Street Parkin?. Requirements Within the A-4 Apartment District. the fol].ov.,ir,..g, specified uses shall comply v.,~,.n the off-street 1)~.rkin~ re~uirep~-nts. ..~ desi. g.- natc,.t t}te refore: (a) }lousing for the older adult: at least ]-1/4 (one and one qaarter) spaces per dwelling unit; (b) 1;'or all other uses, the off-street parlri~[.,' ).'e_qj?;.renaents :;hall be as i;~ecJ, fiecl in the A-3 Ap.:trt:~:'x:nt District. ,t~.dopied by the Coun'cil of thc Git), of ¥irginia bt:ac )., ¥irgin[a, on the day of , 1975. ITEM #8840 Resolution of the Council of the City of Virginia Beach te amend and reordain Article 1, Section lll of the Comprehensive Zoning Ordinanc_~ pertaining to definition of housing for the elderly. I,!ore detailed information is available in the Department of Planning. Plann~ ng Commi ssion Recommendati on: -. A motion was passed unanimously by the Planning Commission by a recorded vo%e of l! to deny thi~ request because conven~.io:~a! apartme~t hm~ses meeting existing zoning requiremen'Ds can adequately meet the needs of housinq for older adults. On motion by Councilman Naterfield, seconded by Councilman Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Charles W. Gardner City Council voted to deny the following ordinance to amend and reordain Article 1, Section 111, of the Comprehensive Zoning Ordinance, pertaining to definitions of older adult and housing for the older adult: ,AN OJIDJ?,~ANCE TO AMEND AND llEORJ)AIN AR'.I'ICJ~]:i ], S1CC'J'iON Ill. Ot;' TI-Ill; COMPilE- I'I~NSJVk~ ZONING OI~I)INANG]'?~ TO ])/Ci'INI'flONS O.P' OJ~J)]CR A]DUI~T AND J'JOUSIN(i J"OR TJIE~ Oi,D]~R AI]U]~T J3E IT.OIII3AINE?D I/Y THE COUNCIL OF TIdE CITY OF VIRGINIA BEACH, \rlRGIN1A: , 'fhatArticle l, Section 111, De£initions, of tk.e C.Z.O. i~,; amended and re- ordained a:; follows: Older Adu].t. A,~y person aged sixty (60) or over z..$ defined and re£crcnced in Public i, aw 93-351. I-lousing for thle Older Adult. A dwelling unit specifically designed for thc needs of an older adult or adults and con- forming to the: rcquire:nents specified herein and to State and/or lredcrai programs providing £or housing for the older adult. Adoptc:d by the Council of the City of ¥irginia tleach, Virginia, on thc day of , 1975.' I T EM' It 8 8 4 1. Motion of the pl,~nnin.q Com;',lis:;ion of the City of Virc, inia [;each to amm~d and reordain hrticle 2, Part C, Section 225 of tl~e Cc,~,~prchensiv[ Zoning Ordinance pertaining to conditional uses and structures for bicycle rental establisi~- ments, i4ore detailed information is available in the Department of Pl~nning. ~lanning Co,fission Recommenclation: A motion was passed unanimously by the Planning Cot~a~ission by a recorded vote o'f 11 to a~,arove th~s request. }~ motion by Councilman McCoy, seconde~ by V~ce Mayor Fetre11, and by recorded ~o~ as follows: ~y. : Councilmen John A. gaum, Robert H. Ca11~s, J~., Robert B. Cromwell, Jr., ~ce Mayor George R. Ferre11, John R. Gr~n, Clarence A. Holland, J. Henry ~lcCoy, Jr. ~ M~yor J. Curtis Payne, Patrick L. Stan~ng, and Floyd E. Water~ield, qays: None kbsent: Councilman Charles W. Gardner City Council approved the following ordinance to amend and reordain Article 2, Part C, Section 22S of the Comprehensive Zoning Ordinance pertaining to bicycle rental establishments: AN ORDINANCE TO AMEND AND REORDAIN ARTICLIq. 2, PART C, SECTION 225 OF THE COMPREHENSIVE ZONING ORDINANCE PER- TAINING TO BICYCLE RENTAL ESTABLISH- ME N TS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Part C, Section 225, Bicycle Rental Establishments, of the C. Z. O. is amended and reordained as follows: 225. Bicycle Rental Establishments Where a conditional permit is issued for the operation of a bicycle rental establishment, not more than forty (40) bicycles per zoning lot shall be permitted. A fence,o~ wall no~4ess- or other such structure not less than three (3) nor more than six (6) feet in height shall be provided around the perimeter of the establishn~ent on private property and maintained in good condition. Such structure shall consist of a chain, metal pole, and concrete anchor, or other such materials at least as substantial, suitable to delineate the limits of the property for the duration of the use permit. Only one (1) non-illuminated sign in connection with the establishment may be allowed, pro- vided, however, that the surface area shall not exceed four (4) square feet and further provided, that no sign oriented to the beach shall be permitted. Adopted by the Council of tim City of Virginia }3each, Virginia, on the 15 day of September , 1975. ~yes:. Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwe].l, Jr., 'ice Mayor George R. Ferrell, John R. 6riffin, Clarence A. llolland, J. tlcnry IcCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, r. ays: None bsent: Councilman Char!~s IV. Gardner ity Council approved the following ordinance to authorize the acquisition of roperty in fee simple for a sewage pumping station on Parliament Drive and ermanent easements for utility purposes and ingress and egress by agreement or F ~ndemnation: AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR A SEWAGE PUMPING STATION ON PARLIAMENT DRIVE AND PERMANENT EASEMENTS FOR UTILITY PURPOSES AND INGRESS AND EGRESS BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Vi. rginia, a public necessity exists for the construction of a sewage pumping station on Parliament Drive for the purpose of preserving the safety, health, peace, good order, comfort, convenience, and general welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section !. That the City Attorney and/or Assist~n~ City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to Section 15.1-236 et seq. and Section 33-59 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple including permanent easements for utility purposes and ingress and egress as shown on that certain plat entitled "Plat Showing Pump Station Site and Ingress, Egress & Utility Easement From P. G. Lassiter & G. R. Lassiter For The City of Virginia Beach, Virginia, Kempsville Borough", dated March 14, 1975, prepared by Langley, McDonald and Overman, Consulting Engineers, Virginia Beach, Virginia, said plat being on file in the Department of Public Utilities, Virginia Beach, Virginia. Section 2. The City Attorney and/or Assistant City Attorney is hereby authorized to make or cause to be made in behalf of the'City of Virginia Beach a ..r. easonable offer to the owners or persons having an interest in said land. If ~fused, the City Attorney and/or Assistant City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. Sufficient funds to acquire said property have been appropriated. Section 4. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. AJo,~lcJ by the (;o,~,cil ol' tho Cif. y oi' Virqinia I;~i~c:h Vimlini'~l on the 3o2_ NOW OR NORF,~AN FOR,,1:,h LY P SCO'FT D.B, 1357 · P. 270-' DIRECTOR OF CO.M;4UNITY NOW OR FORMERLY P.G. LASSITER 8. , G.FL ILASSITER · .... R 63. ~3 ~'~,,~/ ' PR,O, POSED' t PUN,PING _ /.~ SITE o-1~ ARSA: .OG5 ~ ACRES _ ACRES ~.~ ~P.9Op~ PLAT PUMPING INGRESS, SHOWING STATION SITE AND EGRESS'& FROM ,/ UTILITY 'EASEMENT t-lARCH 14, 1975 CITY P. 6. LASSITER & '"G. R. LASSITER '" ' Ii"-- FOR 7 h~ OF V'IRG~,"JIA B,_/';'-,CH VIRGINIA I1,~, I'(EM PS"'/I LLE BO~OUGH . Oil :,lotion by Councilman ltolland, seconded.by Councilman Baum, and by recorded' vote as follows: Ayes: Councilmen John A. Baum, Robert Il. Callis, Jr., Robert B. Cromwell, Jr., Vice ~.layor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. Henry },lcCo7, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield Jr. Nays: None --Absent: Councilman Charles W. Gardner 2ity Council approved the following ordinance authorizing the vacation of a portion of a utility and drainage easement on certain property in the Bayside Borough of the City of Virginia Beach: Requested by City Manager: AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF A UTILITY AND DRAINAGE EASEMENT ON CERTAIN PROPERTY IN BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: W}~REAS, a five (5) foot utility and drainage easement was dedicated unto the City of Virginia Beach, Virginia as shown on that certain subdivision plat recorded in Map Book 107 at Page 7 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, and WHEREAS, inadvertently, a building was constructed upon a portio~ of the aforesaid easement, and · WHEREAS, it was determined that the portion of said easement encumbering the building, is no longer of any use to the City and the same should be disposed of and vacated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the portion of the utility and drainage easement shown as "PORTION OF EASEMENT TO BE VACATED" on that certain plat entitled "PHYSICAL SURVEY'OF LOT A 'SUBDIVISION OF LOTS 1,2,3,4, & 9 BLOCK 27 - PLAT SECTION 'A' OF OCEAN PARK' (M.B. 107, p. 7) BAYSIDE BOROUGtt - VIRGINIA BEACH, VIRGINIA FOR THE SOUTHLAND CORPORATION SCALE: 1" = 10', JANUARY 28, 1975 (Revised June 24, 1975), ]IAROLD C. WARREN, JR. CERTIFIED LAND SURVEYOR, CHESAPEAKE, VIRGINIA," a copy of which plat being attached hereto, be and the adoption. This Ordinance shall be effective from date of Adopted by the Council of the City of Virginia Beach, Virginia on this 15 day of September 1975. ITEM #8844 4rs. Doris S. Sturtridge appeared regarding this matter. following appeared in opposition to the closure of a portion of 69th Street: Mr. Toy Savage, Attorney, represented the property owners in the area. Mrs. Betty Johnson Mrs. Nellie Mathews 'n motion by Vice Mayor Ferrell, seconded by Councilman Waterfield, and by re- orded vote as follows: yes: Councilmen John A. Baum, Robert H. Chilis, Jr., Robert B. Cromwell, Jr. ice Mayor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. Henry cCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, r. ~ys: None )sent: Councilman Charles W. Gardner Lty Council voted to approve the following ordinance appointing viewers for the ~cat.i.on of a portion of 69th Street, beginning 500 feet west of Atlantic Avenue: 'T, SPAIN AND LYLE ORN~'Y$ AT LAW A I~EACIh VA 234!~2: ORDi'NANCE APPOINTING VIi'iI'~'ERS WttEREAS, DEWEY C. STURTRIDGE and DORIS S. STURTRIDGE, have given due and proper notice, in accordance with the statutes for such cases made and provided, that they will, on this 15th day of September · 1975, 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, ally, and if any, what inconvenience would result from the discontinuing of the herein- after described portion of that certain street eighty (80) feet in width, and has filed such application with said council. Now, therefore, BE IT ORDAINED BY THE COUNCIL OF TIlE CITY OF VIRGINIA BEACIf , VIRGINIA, TIfAT, Mr. George E. Tinnes , Mr. Robert J. Scott and Mr. William W. Fleming_, J.r. are hereby appointed to view the below described property and report in writing to the Council, on or before , 1975, whether in their opinion, any, and if an!./, what inconvenience would result in the discontinuing and vacating of a portion of that certain street eighty (80) feet 'in width located in the Cit5, of Virginia Beach, Virginia and more particulJrly described as follows: 69th Street, beginning at a point on the southern rightaway of said stroker wh.~ich 3s south 84°, 30' west, 500 feet from the western boundary of Atlantic A~.'gnue and from said point of beginning running south 84°, 30'00" [,~est, the distance of 100 feet to a point and then tu~7~ing and running north 5~, 30'00" west 32.50' to a point and thence turning and running north 84° 30'00" east, a distance of 80.57 feet and thence turning and running in a generally south-easterly direction on a radius of 50.00 feet, a distance of 38.84 feet to a point of beg~'nning. All thc above as shown upon that certafn map of Cape Henry, Section E, ~¢hich map is duly of record in the C]erk's Office of the Circuit Court of the City'of Virginia Beach, Virginia in Map book 102 at page 14. ETT. SPAIN AND LYL£ I I'ORNEYS AT LAW NIA BEACH. VA. 23452 I'N THE MA?'TER OF CLOSi'NG, VACATING AND DISCONTINUING PORTIONS OF TtiAT CERTAIN EiGtfTY FEET WIDE STREET, KNOWN AS 69TH STP~'ET, AS SHOWN UPON TIIE MAP OF CAPE HENRY SECTION E IN VIRGINIA BEACH, VIRGINIA, WHICH MAP IS OR RECORD IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 102 AT PAGE 14 PETITION TO: THE ~YOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioners, DEWEY C. STURTRIDGE ~nd DORIS S. STURTRIDGK, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioners apply for the vacating, closing and discontinuance of a portion of that certain street, which is more specifically described as follows: 69th Street beginning at a point on the southern rightaway of said street which is south 84~,30' ~;'est, 500 feet from the western boundary of Atlantic Avenue and from said po]nt: of beginning ?~ ~.,,~,~g oOp,.~ o~o ~'00" wast, t~.~ distance o£ .uO feet to a point and then turning and running north 5°, 30'00" west 32.50~ to a point and thence turning and running north 84~ 30'00" east· a distance of 80.57 feet and thence turning and running in a generally s©uth-easterly direction on a radius of 50.00 feet, a distance of 38.84 feet to the point of beginning. Said parcel of land being a portion of 69th Street, as indicated on that certain plat of Cape Henry, Section E, as recorded in Map Book !02, page 14, in the Clerk's Office of the. Circuit Court of the City of Virginia Eeach, Virginia. 2. That no inconvenience will result t9 any persons by reason of said closing, vacation and discontinuance of said streets and the Petitioners pray that this Honorable Council appoint Viewers as provided 1~9' law to view said 'platted street proposed to be closed and to r.?Dort: in writing to the Council on or before the 15th day of Soptemb~3r __, 1975, wheth~?z in the opinion or said Viewers what inconvier~ience, if anu, would result from the discontinuance and clo.~}.~ng of this portion of sa.id str..'~,.?t as here'.in r~?port~'d .~?nd describ~.~d. of the. pr~z.z;,?nt.ing of this iii,pi.it:al.fen ~,','~r~:: l,C:,.':.~.ed at t;ho ¢.'ourl:hou:;,;. of thr~ Circ:u.it ,.'~:L.,rt oF th~-' (..'itu. of ~" 'J.~.:I~n.~' ",~ B~,,:(.h, Virginia ,"..~d on t:]~:' premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia. Beach, Virginia, as evidenced by the Affidavit attached hereto and a c~3py of said Notice. 4. That the Petitioners are fee simple owners of all land along and adjacent to and affected by said portion of the platted street to be closed and consequently, your Petitioners are all landown~.rs affected By: by the same. Owe~] B. Pickett Pickett, Spain & Lyle 328~ Virginia Beach Boulevard Virginia Beach, Virginia Respectfully submitted DEWEY C. STURTRIDGE DORIS S. STURTRIDGE Counsel 23452 ITEM #8845 Councilman Standing made a motion, seconded by Councilman Callis, th'at the City of Virginia Beach, with the Southeastern Water Authority of Virginia as the agent, continue to pursue the disposition of solid waste. The recorded, vote is as follows.: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., John R. Griffin, Clarence A. Holland, Mayor J. Curtis Payne, and Patrick L. Standing Nays: Councihnen Vice Mayor George R. Fcrrell, J. Henry McCoy, Jr., and Floyd E. Waterfield, Jr. Absent: Councilman Charles W. Gardner City Council voted to approve the above motion that the City of Virginia Beach, with the Southeastern i'~ater Authority of Virginia as the agent, to continue to pursue the disposition of solid waste. KFTT. SPAIN AND LYLE ATTORNEYS AT LA',9 ~INIA [3EACIt. VA 23~,52 ITEM ~t8846 On motion by Vice Mayor Ferrell, seconded by Councilman McCoy and by recorded ~cte as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, .Jr., Vice btayor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. llcnry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Charles W. Gardner £ ,y Council voted to approve the following City/State agreement for Indian River ~ ,d from the Chesapeake-Virginia B~ach corporate limits to Interchange Route 64; and further authorized the City Manager to execute on behalf of the City the subject agreement: AGREEMENT BY MUN~ICIPALITY OR POLITICAL SUBDIVISION TO NAINTAIN IIIGHWAYS IMPROVED UNDER PROVISIONS OF FEDEP~AL HIGI{WAY ACT AS AMENDED AND SUPPLEMENTED¢ The City of Virginia Beach, State of Virginia, hereinafter referred to as Virginia Beach, and the Virginia Department of Highways and Transportation hereinafter referred to as the Department, hereby agree as follows: ~ ' '!1 submit a project for the 1. That the Department wz . improvement of 1.429 mile of Indian River Road within Virginia Beach from Chesapeake-Virginia Beach Corporate Limits to Interchange Route 64 Station 96+34.53 to Station 29+48.79 known as Indian River Road, Project U000-134-104, PE-101, RW-201, C-501, Federal Project M-5403 (21). 2. Virginia Beach hereby approves the plans as designed and requests the Department to submit thc: aforementioned project with recommendation that it be approved by the Federal Highway Administration and agrees that if such project is approved and constructed by the Department and the Federal I{ighway Administration, it, thereafter, at its own cost a~d expense, will maintain the project, or have it maintained, in a manner satisfactory to them or their authorized representa- tives and will make ample provision each year for such maintenance. 3. Virginia Beach hereby agrees that the location, form, and character of informational, regulatory, warning signs, curb and pavement or other markings and traffic signals, in- stalled or placed by any public authority, or other agency, shall be subject to the approval of the Department. 4. Parking will be prohibited at all times on both sides of this project as above described. 5. Virginia Beach hereby agrees that the location and installation of utility poles, lighting standards, traffic signal pol2s or any other similar facilities installed or placed by any pub.lic auti]ority, or other agency, sha!], be subject to the approval of the Department. 6. At places where parking is prohibited, the appropriate NO PARKING signs shall be erected. The size, design, and co]or of such signs shall conform to the standard..~ as shown in the latest edition of the Manual. on UnJ form Traffic Control Devices. 7. Virginia Beach agrees that after co~struction of the project, or any part thereof, it will not permit any reduction in the number or width of traffic ]a~es, additional m~dian c:ro~:;o'/:217[;, enlitru~t~rlltllt o17 c:.:i~-;ti.r~g r'.w~c~.5_an r.:r<}=:now.~r:':, or 8. Virginia Beach agrees that prison labor'will not be used for any purpose whatsoever on this project during t----h-e time it. is under construction agreement between the Departmenff and 'the Federal ttighway Administration. 9. Virginia Beach agrees to participate in the actual cost of this project in accordance with the following tabulation, understanding that the costs shown are estimated and the per- centages will be applied to actual costs: VIRGINIA BEACH'S SHARE Item Estimated Cost % Amount Roadwork On-the-Job Trainees Demolition of Building Traffic Signals Work by Virginia Beach (Mast Arm Pole) Work by State Forces (Construction and Permanent Signs, Pavement Markings Roadside Develop- ment) Right of Way P~~ ..... Engineering Totals $2,408,260.00 15 $361,239.00 8,000.00 15 1,200.00 10.00 15 1.50 133,542.00 15 20,031.30 4,950.00 15 742.50 17;600.09 15 2,640.00 1,322,173.00 15 198,325.95 70,000.00 15 10,5(10.00 $3,964,535.00 $594,680.25 IN WITNESS WHEREOF, the parties have hereunto affixed'their signatures, the City of Virginia Beach on the day of , 19 , and the Department on the day of , 19~. City Clerk .~ .... : ?..n o .... J. cial siqning for a:~:.: on bc:~.nt:' of a r.;unicim;.',litv or political nubdivi:.;ic~ should attach a certified .co?f of order, r,~ ~ ~' ordinance or cha..,t_~ .. City of :Virginia Beach- City Manager Adopted by the City Council of tho City of Virginia Beach, Virginia, on thi. s ~15 (la), o.f Scpt. embcr , 1975 ITEM #8847 On motion by Councilman Baum, seconded by Councilman Callis, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None ~ ent: Councilman Charles W. Gardner City Council voted to reappoint Reverend Robert Newland to the Wetlands Board for a term of three (3) years, beginning September 18, 1975 and ending September 18, 1978. ITEM #8848 The following gentlemen, representing the gasoline dealers of the area, appeared before City Council protesting ordinance number 636, which was adopted July 28, 1975, requiring the posting of signs on each pump indicating the price per gallon of the specific grade: Mr. Dan Rivera, President of the Tidewater Chapter of Virginia Gas Retailers Association. Mr. David Cunningham Mr. Les Johnson Mr. George Vickers The consensus of opinions of the gentlemen was that the signs were unnecessary as all prices appear on the dial of each pump as well as on numerous signs in and around each pump island. The feeling of the dealers is that the City is attempting gasoline price regulations and in so doing interfering in competitive trade, which could be extremely disastrous to the dealers. The gasoline dealers r~--nested that the ordinance be rescinded. Nc ~ction was taken by the City Council at this meeting. ITEM #8849 Councilman Cromwell stated he had the pleasure of touring the Eastern Virginia Medical College. Although no where near completion, the college, in order to begin classes, has utilized every available space in an old nurses dormitory as classrooms and labs. ITEM #8850 On motion by Vice' Mayor Ferrell, seconded'by Councilman McCoy, and by recorde~ vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Charles W. Gardner ty Council will hold an executive session on Monday, September 29, 197S, for ~ purpose of discussing matters permitted for discussion under Section 2.1- ~-.4, subparagraphs 1 through 6, inclusive, of the Freedom of Information Act of the Commonwealth of Virginia. ITEM #8851 On motion by Councilman Griffin, seconded by Councilman ~aterfield, and by unan- imous vote, the meeting adjourned. Richard J.-Web~on, City Clerk City of Virginia Beach, Virginia Special Meeting S---tember 15, 1975