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HomeMy WebLinkAboutMARCH 26, 1973 I I MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA March 26, 1973 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, Harch 26, 1973, at 2:00 p.m. The invocation was given by the Reverend L. W. Chase, Sr., Rehobeth Baptish 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 ITEH #5673 On motion by Councilman Gardner, 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 ~1albon, 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 March 19, 1973, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject minutes before him. ITEH #5674 (a) Application of Tee Corp.~ for a Use Permit to construct 368 apartment units on certain property beginning at a point 150 feet more or less East of Thalia Road, running a distance of 540.26 feet along the Northern property line of. which 368.16 feet is the South side of Bonney Road, running a distance of 1921.20 feet along the Eastern property line, running a distance of 544.24 feet along the Southern property line and running a distance of 1800.48 feet along the Western property line. Said parcel contains 20.615 acres. (Thalia Village Area). KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of this request. Said motion is subject to the following: . ,. 1. Modified the requested number of apartment units from 368 to 288 units (13.9 du/ac). 2. Water and sewer line fees required. (Public Utilities) 3. Standard site plan requirements to include a drainage easement 100 feet from the center line of Thurston Branch Thalia Creek shall be dedicated to the City; Inverness Road shall be extended through this site; a 50-foot right of way shall be dedicated and full street improvements constructed along its length; the entrance road from Bonney Road shall align with Maple Avenue and shall be a public right of way 50 feet with full street improvements back to Inverness Road; Bonney Road shall be widened with 21 feet of pavement from center line with curb and gutter, sidewalks and storm drains as necessary. (Engineering) . 4. A de~icat;on of right of way 30 feet from the center line of the exist- . 1n9 30-foot r1ght of way along the 368.16-foot more or less frontage on Bonney Road (a 15-foot dedication). (Real Estate) 5. Developers provide and develop a minimum of 15% (3 acres) for active recreation. (Parks and Recreation) 6. Southern portion of this property (below approximate 8-foot contour) I"nnc:;c:tc: nof h;nhl" o\^nrlihl.. ~n;lC' n\^ m::>...,.h. h,,';1A':__ _L.._..~ I .. ~~ .. -( ..:l- ...-iI'-. I I II I I Mr. Grover Wright appeared on behalf of the applicant. Mr. J. E. McEvoy appeared before Council with certain questions regard- ing the application of Tee Corp. Councilman Rhodes made a motion, which was seconded by Councilman Gardner, to approve the above application of Tee Corp., for a Use Permit to con- struct 288 apartment units on certain property beginning at a point 150 feet more-or less East of Thalia Road, running a distance of 540.26 feet along the Northern property line of which 368.16 feet is the South side of Bonney Road, running a distance of 1921.20 feet along the Eastern - property line, running a distance of 544.24 feet along the Southern pro- perty line and running a distance of 1800.48 feet along the Western property line (Thalia Village Area) KEMPSVILLE BOROUGH; subject to the six recommendations of the Planning Commission, amending number six by chang- ing the word "should" to "sha1l"--"Southern portion of this property (below approximate 8-foot contour) consists of highly erodible soils or marsh; building shall not be allowed in this area." and further subject to an additional stipulation--Number 7--"Subject to participation in school site acquisition formula." ITEM #5674 (b) Vice Mayor Ervin made a substitute motion, which was seconded by Councilman Baum, to approve the application of Tee Corp. for a Use Per- mit to construct 247 apartment units on certain property beginning at a point 150 feet more or less East of Thalia Road, running a distance of 540.26 feet along the Northern property line of which 368.16 feet is the South side of Bonney Road, (Thalia Village Area) KEMPSVILLE BOROUGH, subject to all the stipulations set forth in the previous motion. Recorded vote on the substitute motion as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, and Charles W. Gardner. . Nays: Mayor Robert B. Cromwell, Jr., Councilmen George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Absent: None The substitute motion did not carry. J!!" I I I 'I I ITEH #5674 (c) Recorded vote on the main motion as follows: Ayes: 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: Councilmen John A. Baum, Robert H. Callis, Jr., and Clarence A. Holland. Absent: None City Council approved the application of Tee Corp., for a Use Permit to construct 288 apartment units on certain property beginning at a point 150 feet more or less East of Thalia Road, running a distance of 540.26 feet along the Northern property line of which 368.16 feet is the South side of Bonney Road, running a distance of 1921.20 feet along the Eastern property line, running a distance of 544.24 feet along the Southern pro- perty line and running a distance of 1800.48 feet along the Western property line (Thalia Village Area) KEMPSVILLE BOROUGH. Approval of thi~ application is subject to the following stipulations: 1. Modified the requested number of apartment units from 368 to 288 units (13.9 du/ac). 2. Water and sewer line fees required. (Public Utilities) 3. Standard site plan requirements to include a drainage ease- ment 100 feet from the center line of Thurston Beach Thalia Creek shall be dedicated to the City; Inverness Road shall be extended through this site; a 50-foot right of way shall be dedicated and full street improvements constructed along its length; the entrance road from Bonney Road shall align with Maple Avenue and shall be a public right of way 50 feet with full street improvements back to Inverness Road; Bonney Road shall be widened with 21 feet of pavement from center line with curb and gutter, sidewalks and storm drains as necessary. (Engineering) , 4. A dedication of right of way 30 feet from the center line of the existing 30-foot right of way along the 368.l6-foot more or less frontage on Bonney Road (a l5-foot dedication). (Real Estate). 5. Developers provide and develop a minimum of 15% (3 acres) for active recreation. (Parks and Recreation) 6. Southern portion of this property (below approximate 8-foot contour) consists of highly erodible soils or marsh; building shall not be allowed in this area. 7. Subject to participation in school site acquisition formula. 'I I ITEM #5675 ..natton of aar,.l. Realty Corporation by H. Calvin Spain, Attorney, for a UIe.~t to operate a ftIW car .11.. and service on certain property located on-tJi8SiiUthtast corner of Virginia Beach Boulevard and Seventh Street (Plat of SunaY'1"OOk) runntng a distance of 425 feet along the South side of Virginia Beach Boulevard, running a distance of 518 feet along the East .ide of Seventh St....t. running a distance of 425 feet- along the Southern property 11ne, and nanning I distance of 518 feet along the Eastern property 11ne. Said parcel is known as Lots 1 through 17 and 23 through 39. Block 35, Plat of Sunnybrook, and contains 5 acre, more or less. (Sunnybrook Area). BAYSIDE BOROUGH. Planning Conmtssion ReconIlltndations: A motion by the Planning Commission was passed for approval of this request. Sa t d mott on " subject to the fo 11 ow1 ng : 1. City water mains in Virginia Beach Boulevard i sewer to be pumped to eft1 manhole at Fir Avenue and Virginia Beach Blvd; water and sewer line '.e. required. (Publte Utilities) 2. Standard stte plan requirements shall include pavement widentng, curb and gutter. sidewalks and stonn drains as necessary along the adjoining rights of way; twenty foot wide pavement 15 required for 268 feet of 7th Street; protective concrete curb (CG-2) fs required along perimeter .01 Plftd parking 'rea. (Engineering) - 3. City WlteI- and slWIr .. (not approved for septic tanks). (Hell tit Department) Mr. Calvin Spain, Attorney, appeared on behalf of the applicant. 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. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Chrysler Realty Corporation for a Use Permit to operate a new car sales and service on certain pro- perty located on the Southeast corner of Virginia Beach Boulevard and Seventh Street (Plat of Sunnybrook) running a distance of 425 feet along the South side of Virginia Beach Boulevard, running a distance of 518 feet along the East side of Seventh Street, running a distance of 425 feet along the Southern property line, and running a distance of 518 feet along the Eastern property line. Said parcel is known as Lots 1 thrQugh 17 and 23 through 39, Block 35, Plat of Sunnybrook, and contains 5-acres more or less. (Sunnybrook Area). BAYSIDE BOROUGH. Approval of this application is subject to the following stipulations: 1. City water mains in Virginia Beach Boulevard; water and sewer line fees required. (Public Utilities) 2. Standard site plan requirements shall include pavement widen- ing, curb and gutter, sidewalks and storm drains as necessary along the adjoining rights of way; twenty foot wide pavement is required for 268 feet of 7th Street; protective concrete curb (CG-2) is required along perimeter of paved parking area. (Engineering) 3. City water and sewer - (not approved for septic tanks). (Health Department) 4. A fence shall be erected by the developer along the eastern property line as shown on the site plan. I I 'I I I ITEM #5676 . ,.,Uat1. .., IIreeb Warehouse Corporit1on for . ~~ of ~tn~ fr_ Lf..... r:- lit ct., Dtstrfct 2 (C-L 2) to General I s filiT s r ct 3 ("-I I}.....tn property located Oft the WIlt side of Diamond Springs Road begfMt",-at _ potft't ,. feet more or less South of Haden Road, I"UMtng a distance of 443.32 feet along the West side of D1 amond Springs Road. NMing a distance of 413 feet along the Northern property line, running a distance of 950 feet 110,. or '.s ,'ong the Westem property 11ne (Lake Whitehurst), ",nn- fng a d1... of 385.95 feet "009 the Southern property 11ne. Said parcel contains 4.3 acres more or less. (Airport Industrial Park-Diamond Springs ..... Area). BAYSIDE BOROUGH. .. Planning c.n1ss1on Recoa.ndation: A .otfon b.1 the Planning CoIIrtssion was passed for approval of this request. Said IIDtion is subject to the following: 1. Special consideration shall be given to prevent industrial draina~ into the branch of Lake Whitehurst bounding the Western property line. (Plannfng) 2. Water and sewer line fees required. (Public uti1tties) 3. Standard site plan requirements to include pavement widening of 12 feet. curb and gutter, sidewalks and stonn drains as necessary along Of.... s,rings RoIcI an site is developed. (Engineering) 4. City water and s..r. (Health) Mr. Russell Mann appeared on behalf of the applicant. 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 A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. -"";1 Nays: None Absent: None City Council approved the above application of Brooks Warehouse Corpora- tion for a Change of Zoning from Limited Commercial District 2 (C-L 2) to General Industrial District 3 (M-I 3) on certain property located on the West side of Diamond Springs Road beginning at a point IS5 feet more or less South of Haden Road, running a distance of 463.32 feet along the West side of Diamond Springs Road, running a distance of 413 feet along the Northern property line, running a distance of 950 feet more or less along the Western property line (Lake Whitehurst), running a distance of -385.95 feet along the Southern property line. Said parcel contains 4.3 acres more or less. (Airport Industrial Park-Diamond Springs Homes Area). BAYSIDE BOROUGH. Approval of this application is subject to the following stipulations: 1. No industrial drainage shall flow into the branch of Lake Whitehurst bounding on the Western property line. (Planning) 2. Water and sewer line fees required. (Public Utilities) .,.,! 3. Standard site plan requirements in include pavement widening of 12 feet, curb and gutter, sidewalks and storm drains as necessary along Diamond Springs Road when site is developed. (Engineering) 4. City water and sewer. (Heal th) I I . I I I ITEM #5677 On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorded vote as follows: --I 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 Fl~yd E. Waterfield, Jr. Nays: None Absent: None Due to new legislation, it is required that the City of Virginia Beach have additional registrars available to serve the public. As a result, the Board of Elections has requested additional space in the office of Mrs. Anna Cotton, General Registrar. Therefore, City Council approved on second reading an appropriation in the amount of $12,500 from Reserve for Contingencies for an extension on the General Registrar's office. ITEM #5678 On motion by Councilman Malbon, seconded by Vice ~1ayor Ervin, 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 on second reading an appropriation in the amount of $1,750 for the second half du~s to TVDC. ITEM #5679 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. Nays: None Absent: None City Council approved the following Ordinance to authorize the City Real Estate Assessor to extend the period for the assessment of real estate and to conduct public hearings concerning the inequality of assessment: I I II I AN ORDINANCE TO AUTHORIZE TilE CITY REAL ESTATE ASSESSOR TO EXTEND THE PERIOD FOR THE ASSESSMENT OF REAL ESTATE AND TO CONDUCT PUBLIC HEARINGS CONCERNING THE INEQUALITY OF ASSESSMENT BE IT ORDAINED BY THE CITY COUNCIL OF TIill CITY OF VIRGINIA BEACH, VIRGINIA. WHEREAS, the City Code of Virginia Beach provides that assessments for real property shall be complete by the 30th day of September for the year 1972; and WHEREAS, it was not feasible to complete the present re-assess- ment by that date and; THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Real Estate Assessor is authorized to extend such date for the assessment for the tax year following until December 31, 1972 and to hold such public hearings during the period April 16, 1973 to June 10, 1973 with respect to the inequality of the re-assessment for that tax year. ., 2. That all acts of the Real Estate Assessor taken pertaining to the re-assessment are hereby ratified, cO:1firmed and validated. 3. An emergency exists and this ordinance shall be effective from the d~te of its adoption. ."'... I I I I I I ITEM #5680 Mr. George Pilcher, Jr. appeared on behalf of the Virginia Beach Community Chapel. On motion by Councilman Ferrell, 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 approved the following Ordinance authorizing the Virginia Beach Community Chapel to hold a certain parcel of real estate in the City in excess of four acres: AN-ORDINANCE AUTHORIZING T]E VIRGIlHA :mAC] COMHUNITY CHAPEL TO HOLD A CERTAIi'~ PARCEL OF REAL ESTATE IN THE CITY uF VIr~GLn.A BEACH IN EXCESS OF FOUR ACRES BE IT ORDAINED BY TIill COUNCIL OF T~lli CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Beach Community Chapel is hereby authorized, in accordance with Section 57-12 of the Code of virginia, to own and use, for church purposes, the following described parcel of property in the City of Virginia Beach, t07wit: ALL that certain tract, piece or parcel of land, ';<lith the buildings and improvements thereon, and the appurtenances thereunto appertaining, situate, lying and bei~g in the Lynnhaven Borough of the City of Virginia Beach, Virginia, near Bird Neck Point fronting on the southern line of Laskin Road. 507 feet more or less between Little Neck Creek on the west and the western line of a proposed 30' road on the east, containing 5.S acres, ,-nore or less. BE IT FURTHER ORDAINED, that in the event the Virginia Beach Community Chapel hereafter conveysthe parcel to the Trustees'of a congregation, such Trustees are authorized to hold, for church purposes, the parcel in excess of 4 acres in accordance with Section 57-12 of the Code of Virginia. An emergency exists and this ordinance shall be effective from date of adoption. .""1 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of March. , 1973. I I . I I I ) On motion by Councilman Waterfield, 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 <'~I City Council approved on second reading the following Ordinance to amen~ and reord~in Section 20-4 of the Princess Anne County Code and reta1ned by Ord1nance No. 160 of the City Code relating to trailers and trailer camps: AN ORDINANCE TO AMEND AND REORDAIN SECTION 20-4 OF THE PRINCESS ANNE COUNTY CODE AND RETAINED BY ORDINANCE NUMBER 160 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO TRAILERS AND TRAILER CAMPS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 20-4, third paragraph, is amended and reordained to read as follows: III;\'~-I Every application for a permit required by this chapter shall be filed with the agent accompan~ed by a check or cash payment of twenty-five. dollars, which shall be applied to the cost of reviewing and processing the application. The agent shall thereupon transmit the same to the planning commission. The commission shall hold a public hearing upon any application received and shall consider the probable effect upon the health, safety, morals or the general welfare of the immediate community or the city as a whole. The commission, after public hearing, shall report its findings to the City Council together with its recommendation which may include appropriate condi- tions for approval. In granting any permit, the Council may consider such conditions in granting such permit. An emergency exists and this ordinance shall be in full force and effect from the date of adoption. First Reading: March 19, 1973 Second Reading: March 26, 1973 Adopted by the Council of the City of Virfinia Beach, Virginia, on the 26th day of March , 1973. I I II I I 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, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None !il!"^ot! City Council adopted the following Resolution recommending that the Virginia Beach Local Selective Service Board No. 100 remain in its present location in the City of Virginia Beach: - - The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers in the Adminis- tration Building on Monday, March 26, 1973, at 2:00 o'clock p.m. On motion by Mr. Rhodes and seconded by Mr. Waterfield the following resolution was unanimously adopted: RESOLUTION WHEREAS, there is pending before the Selective Service System a proposal, which, if enacted, would move from the corporate boundaries of the City of Virginia Beach Local Selective Service Board No. 100, reestablishing said Local Board in the City of Norfolk, Virginia; and WHEREAS, said Local Board has been situated and in continuous 'i">""1 operation within the boundaries of the former Princess Anne County and the now present City of Virginia Beach since 1948; and WHEREAS, should said Local Board No. 100 be moved to the City of Norfolk, much inconvenience and hardship would be imposed upon the members of the Board, as well as the many draftees registered with Local Board No. 100, who have found said Selective Service facility to be in a convenient and readily accessible location in the City of Virginia Beach; and WHEREAS, said Local Board No. 100 has been furnished and is being, furnished comfortable and convenient office facilities, with all utilities, janitor services and ample parking space, at no expense to the Board by the Ci~f Virllinia_Beach. ...... I I I ~. WW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIR.GINIA BEACH, VIRGINIA: That the Council strongly opposes any action which would move the City of Virginia Beach Local Selective Service Board No. 100 to the City of Norfolk; and BE IT FURTHER RESOLVED, that the Council recommends that Local Board No. 100 remain in its present location in the City of Virginia Beach. AND, BE IT FURTHER RESOLVED, that the City Clerk is directed to forward copies of this Resolution to Colonel Linwood G. Whilhelm, Directo Virginia Selective Service System; Colonel Brian V. Pepitone, Director, The U. S. Selective Service System and the Congressional Delegation representing this area. ITEH #5683 On motion by Councilman Malbon, seconded by Vice Mayor Ervin, 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. Waterfie:d, Jr. Nays: None Absent: None City Council ac:lQl?ted th-e following Resolution requesting that the Department of Highways and 'the Federal 'Bureau of Roads accept Great Neck Road, Phase 2 Project for urban assistance grants: "0 I I 'I I RES 0 L UTI 0 N WHEREAS, the Department of Highways has indicated its willingness to initiate thetmprovement of Great Neck Road Phase II (Route 6l5) in the City of Virginia Beach: and "",.,,", WHEREAS, the contemplated tmprovement is urgently needed and is in consonance with thePSoutheastern Regional Master Transportation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the Department of Highways and the Federal Bureau of Roads are hereby requested to program the surveys, planning, acquisi- tion of right of way and construction of the improvement of Great Neck Road Phase II (Route 615) from the terminus of Phase I or Shorehaven Road to its intersection with Shore Drive. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay fifteen percent (15%) of all survey, planning, right of way, and construction costs of said project, and the necessary funds will be appropriated for that purpose. AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees that if such project is established and Virginia Beach decides at any time not to proceed further with it, then by this resolution, Virginia Beach agrees to reimburse the Highway Department for 100 percent of the cost incurred for said project, up to the time of its abandonment.. ,...-' I I II I I .llJ::.M 1T;)00,+ .....'''1 On motion by Councilman Malbon, seconded by Vice Mayor Ervin, 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 adopted the following Resolution requesting that the Department of Highways and the Federal Bureau of Roads accept the Witchduck Road Project for urban assistance grants: ~- RES 0 L UTI 0 N WHEREAS, the Department of Highways has indicated its willingness to initiate the improvement of Witchduck Road (Route 647) in the City of Virginia Beach: and WHEREAS, the contemplated improvement is urgently needed and is in consonance with the Southeastern Regional Master Transportation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the Department of Highways and the Federal Bureau of Roads are hereby requested to program the acquisition of right of way and construction of the improvement of Witchduck Road (Route 647) from Virginia Beach Boulevard to its intersection with Independence Boule- vard. To help expedite this project a City consultant will prepare the necessary surveys, individual plats and road plans to meet the necessary State requirements. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay fifteen percent (15%) of all survey, planning, right of way, and construction costs of said project, and the necessary funds will be appropriated for that purpose. AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees that if such project is _established and Virginia Beach decides at any "......."1 time not to proceed further with it, then, by this resolution, Virginia Beach agrees to reimburse the Highway Department for 100 percent of the cost incurred for said project, up to the date of its abandonment. I I I I I ITEH #5685 On motion by Councilman Malbon, seconded by Vice Mayor Ervin, 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. II"""'IC Nays: None Absent: None City Council adopted the following Resolution requesting that the Department of Highways and the Federal Bureau of Roads accept the Newtown Road Project for urban assistance grants: .. -. ._-~ ,~--- - ~. --- - '. .- RES 0 L UTI 0 N WHEREAS, the Department of Highways has indicated its willingness to initiate the improvement of Newtown Road (Haygood Road) (Route 652) in the City of Virginia Beach: and WHEREAS, the contemplated improvement is urgently needed and is in conansance with the Southeastern Regional Master Transportation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ".,.., , That, the Department of Highways and the Federal Bureau of Roads are hereby requested to program the acquisition of right of way and construction of the improvement of Newtown Road (Haygood Road) (Route 652) from Virginia Beach Boulevard to its intersection with Independence Boulevard. To help expedite this project a City consultant will pre- pare the necessary surveys, individual plats and road plans to meet the necessary State requirments. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay fifteen percent (15%) of all survey, planning, right of way, and construction costs of said project, and the necessary funds will be appropriated for that purpose. AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees that if such project is established and Virginia Beach decides at any 1",""1 time not to proceed further with it, then, by this resolution, Virginia Beach agrees to reimburse the Highway Department for 100 percent of the cost incurred for said project, up to the time of its abandonment. I I I I I IThM ff~O~O 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. Nays: None Absent: None ,~' City Council approved the request of Friends School for permission to move a one-story brick veneer residence, 25' x 48', from 1653 Laskin Road, Lynnhaven Borough, to 1537 Laskin Road, 7.684 acres, Lynnhaven Borough. Estimated value after move and renovations, $11,500. Site is approved for city water and sewerage. ITEH #5687 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 approved the request of James H. Midget to move a two- story frame residence, 28' x 48', from 3906 Pacific Avenue, Seapines, .~ Virginia Beach Borough, to Lot B-8-A, Block H, Souths ide Road, Rudee Heights, Lynnhaven Borough; subject to the requirements stated in the following letter submitted by Mr. Reeves E. Johnson, Assistant to the Director of Community Services: [Estimated value after move and renovations, $55,000.; site has been approved for septic tank and city water] ,'!" II I , .' ,-' City of Virgi:rl.ia Beach. OEPARTMENT OF: COMMUNITY SERVICES MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 231;56 i March ~O, 1973 .- MEr-tO To: Mr. Roger M. Scott for City Council From: Mr. Reeves E. Johnson Assistant to the Director, Co~nunity Services Reference: Application for House Move (James H. Midgett) In approving this application to move a two-story dwelling (48 feet long - 28 feet wide - 31 feet high) from 3906 Pacific Avenue south on Pacific Avenue over the Rudee Bridge to 480 Souths ide Road, Rudee Hei9hts, the following requirements shall be a part of the permit. ",'"" The approval for such moving shall be contingent on this house being moved at such date and time agreed upon by the Department of Co~~unity Services and the Department of Public S~fety. The date or such move shall ~e prior to May 21, 1973. There are six (6) traffic signa13 involved on this route. The height of this house requires the removal of these signal heads since the structure is about 15 feet higher than the signals involved. Therefore, the services of the electrical cOB~any handling the City's traffic signal repairs shall be acquired at no cost to the City of Virginia Beach, with sufficient personnel to remove each of these signals shortly prio= to the arrival of the house being moved. Any signal being r~oved shall be re-installed the same day of the removal. During the period 0-: tilne that a signal is inoperative the applicant or mover of subject house shall provide the necessary Ine~ns of controlling traffic until such signal is put back in operation; this mOlY require portable stop signs and/o= traffic personnel at no cost to the City of Virginia Beach. p'''' t' ~ " . .. l<' II I \. ..:: ' I- " Memo to Mr. Roger M. Scott March 20, 1973 Page Two '--;-',"1 The six (6) signal locations on Pacific Avenue (Laskin Road, 25t~ Street, 22nd St.reet, 21st Street, Virgi;:1ia Beach Boulevard, and Norton: Avenue)... . The applicant 0= mover shall. ~ave VEPCO, C & P Telephone Company and/or a~y other utility company involved available for their needed work during the time of service disruption so that no utility custoMer will be wi-.thout service for more time than is necessary. With the voIume of utility work involved with such a move, it is pos~ible that t~is entire Move may not be accomplished in the time specified. Should such be the case, the applicant or mover shall secure approval to place this building temporarily on an off street location adjacent to the moving route until- the specified hours for the following day when they shall continue with such move. The mover shall have spare equipment on standby at the site of the route of moving immediately available in the event of mechanical failure. The above requirements are additional to and do not preclude all of the normal City requirements customary in moving a building. .., ~~~~ Johnson to the Director REJ: sh cc: Mr. W. W. Fleming, Jr. Colonel W. l'l. Davis Mr. Walter Beaman Mr. Walter Cicioni Mr. Ed Williams t>1r. Frank \villiaJTlson .. . "r. , . -. ... ." -'-.1 . . :,1 I I 'I I 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 approved the transfer of $2,481 from Code 213 (Legal and Expert Services) to Code 912 (Building Renovations) for the Data Processing Department to purchase a raised computer room floor for the expansion of the City's computer facilities. ITEM #5689 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. ~eid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Ma1bon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council authorized the City Manager to enter into an inter-city contract regarding a work release program for inmates of the Virginia Beach City Jail. This program is recommended by the Judges of Circuit Court and the Division of Corrections, Department of Welfare and Institutions. .'.V ITEM #5690 On motion by Councilman Payne, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., ~1ayor 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 applications for Certificates of Public Convenience and Necessity for the following taxicab companies: Coastal Diamond Bayside DonIs Yellow Airline Limousine - 32 taxicabs 9 taxicabs 17 taxicabs 10 taxicabs 6 taxicabs 1 taxicab ." ITEH #5691 Consideration of a proposed agreement betwi=.en Stanley E. Oliver, Lee A. Gifford and the City of Virginia Beach concerning the dedication of certain rights of way and a guarantee of connection to city sewer service was deferred. II I I ITEH #5692 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, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None ,- Absent: None City Council authorized the publication of the following Public Notice indicating their intention to consider the adoption of a resolution creating a regional agency pursuant to the Public Recreational Facilities Authorities Act to preserve open space land and provide recreational facilities and directed the City Clerk to publish the subject resolution indicating the holding of a public hearing in this matter: PUB L I C NOT ICE Regarding the creation of a Regional Agency to preserve open space land and provide recreational facilities. ,,~,.. WHEREAS, it has been proposed that the political subdivisions in Planning District 20 create a regional agency pursuant to the Public Recreational Facilities Authorities Act to preserve open space land and provide recreational facilities; and WHEREAS, it is necessary that a public hearing be held upon the question of whether the resolution creating such an agency should be adopted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Virginia Beach, Virginia: Section 1. That this body hold a public hearing upon the question of whether to adopt a resolution creating a regional agency to perserve open space land and provide recreational facilities pursuant to the Public Recreational Facilities Authorities Act in its Chambers on April 30, 1973, at 2:00 p.m. .'" Section 2. That the Clerk is authorized and directed to advertise said public hearing at least once, not less than ten days prior to the date fixed for such hearing, in a newspaper having a general circulation in this political subdivision. Adopted by the City Council of tIe City of Virginia Beach, Virginia, on the 26th day of March, 1973. ~~l<~~/' G~t.1"!'7v Ri:hard J: Webbon, City Cle ITEM #5693 Mr. Grover Wright, Attorney for Mrs. A. L. Wood, appeared before Council requesting that the Horatio Hotel be allowed to continue encroachment on City property at the corner of Atlantic Avenue and 14th Street by extend- ing the deck portion of a swimming pool that is planned as an improvement to the subject hotel. ,- . 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. 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 for one (I) week consideration of allowing further encroachment on public right of way at the corner of Atlantic Avenue and 14th Street. ITEM #5694 ~ Jack Koeneman, a resident of the Kempsville area, appeared before ~ City Council protesting the apparent pollution of lakes in the City and ~e particularly lakes, which have been created from borrow pits, such as Kemp Lake. Mr. Koeneman recited at length, his efforts over the past years in which he had attempted to get support from various city, state and federal agencies in preventing the discharge of surface water, oil refuge and other debris in the subject lakes. He was asked by the Council to provide the City Clerk with a copy of his presentation in order that efforts may be made b~ the City to alleviate the situation as soon as possible, wherever possible. fl"'~ ITEM #5695 Mrs. Shirley Marlow, on behalf of the Lynnhaven, Little Neck Civic League, Inc., appeared before City Council inviting their attention to certain discrepancies in the zoning of the area as it was presented in the Little Neck Study and in the CZO-Fourth Revision. She indicated that school sites had not been provided in the CZO and that certain roads previously deleted were now included. Hrs. Marlow indicated the general dissatisfaction of the residents in the subject area by the presentation of petitions, which are on file in the Office of the City Clerk. ITEM #5696 Councilman Waterfield requested the City Attorney and the City Manager to look into the possibility of preventing the distribution of leaflets on cars in shopping center parking lots, due to the litter problem these leaflets create. ,!IF' I I I I I I ITEH #5697 On motion by Vice Mayor Ervin, 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. ''''''''I'' Nays: None Absent: None City Council noted its intention to hold a cloied meeting on Monday, April 2, 1973, for the purpose of disucssing items permitted for discussion under the Freedom of Information Act of the Commonwealth of Virginia. ITEH #5698 On motion by Councilman Gardner, seconded by Councilman Ferrell, and by unanimous vote, the meeting adjourned. City of Virginia Beach, Virginia March 26, 1973 ....1 *. I "'" to.;. i