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HomeMy WebLinkAboutMAY 21, 1973MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA May 21, 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, May 21, 1973, at 2:00 p.m. The invocation was given by the Reverend David J. Anderson, Kempsville Presbyterian 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 #1:;;83 Minutes of the previous meeting of May 14, 1973 will be delayed until the meeting of June 4, 1973, due to extreme length and over load on printing. ITEM #5884 Mayor Cromwell introduced Mr. Grady Hedgespath, who spoke for the Youth of the City, this being Youth Day for participation in the City Government. Mr. Hedgespath, in his address, noted that the Mayor's Youth Council had conducted a survey in which 98% of the youth favored the construction of youth centers in various areas of the City, to provide facilities such as active game rooms, gymnasiums, craft rooms and miscellaneous use rooms. In addition 96% indicated that swimming pools should be an integral part of the centers so constructed that they could be used year round. He indicated that the Youth Day in Government is both rewarding and informative and that basically youth are interested in what: happens to them, and that such programs "restore our faith in our voice being heard". ITEM #5885 Mayor Cromwell introduced Mrs. Pearce, Director of the Virginia Beach Pageant Committee. Mrs. Pearce was assisted by Miss Sandra Rice, the current Miss Virginia Beach, Karen Hughes, Linda Thompson, and Joan Brooks, the first Miss Virginia Beach. They delivered invitations to the Members of the City Council inviting them to attend the pageant which will be held in Princess Anne High School, on May 26, 1973. Mayor Cromwell, on behalf of the City. Council, thanked Mrs. Pearce and noted such matters "are among the more -rewarding of a Councilmans activities". .ITEM #5886 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..>Muirray Malbon, J. Curtis Payne, Donald .H. Rhodes, and Floyd E. Water.fiel,d, Jr. Nays: None Absent: None .w� City Council adopted the following motion: Whereas, an Ordinance Njmber 212, adopted on April 16, 1973, Item Number 5771, closing, vacating and discontinuing an twenty (20) foot alley located in Virginia Beach Borough of the City of Virginia Beach, was found to have an error in the legal description of the said alley, Now, therefore, the City Clerk is directed to correct the wording by substituting the following: "Extending from the Easterly (not Westerly) line of Pacific Avenue to the Westerly (not Easterly) line of Atlantic Avenue", etc. ITEM #5887 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 In response to an inquiry film the So,Llieastern Tidewater Opportunity Project (STOP), City Council authorized the City Manager to advise the STOP organization that they have been designated to administer the Recreational Summer Program (RSP) on behalf of the City of Virginia Beach, in conjunction with other participating Tidewater members of STOP, as been done in previous years, and authorized combining the federal funds for the program with that of other participating political subdivisions in order to achieve the highest and best results for the funds expended. ITEM #5888 On motion by Councilman Ferrell, 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 City Council approved on second reading the request of Tidewater Community College for additional funds in the amount of $320,000. for the construction of the Virginia Beach campus located at the Tidewater Community College. ITEM #5889 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. 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 $7,000. from Account 3010-125, placement of $5,000.,into Account 3010-213, and the remaining $2,000. placed into Account 3010-215, due to the required use of outside legal services by the Law Department. ITEM #5890 On motion by Councilman Rhodes, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Calli$, 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 of $25,000. and authorized the City Manager, subject to City Council approval of the architect, to prepare preliminary plans and specifications for the propo ;el new Three Million Dollar jail facility. ITEM #5891 Application of Hassell E. Perrell for a Change of Zoning from Residence Suburban District 4 (R -S 4) to Multiple Family Residence District (R -M) and a Use Permit to construct 24 additional apartment units, totaling 66 units on certain property beginning at a point 850 feet re or les: ,rth of Shore Drive at Old Harris Lane and the West side of Pleasure House Road: Parcel 1: Change of zoning from R -S 4 to R -M: Beginning at a point 480 feet West of Pleasure House Road, at Old Harris Lane and 850 feet more or less North of Shore Drive, running a distance of 323 feet more or less along the Southern property line, running a distance of 122 feet along the Western property line, and running a distance of 375 feet along the Northern property line and running a distance of 270 feet along the Eastern property line. Said parcel contains 1.025 acres. Parcel 2: Use Permit to construct 24 additional apartment units, totaling 66 units on certain property beginning at a point 850 feet more or less North of Shore Drive at Old Harris Lane and running a distance of 250 feet along the West side of Pleasure House Road, running a distance of 805 feet more or' less along the Southern property line (Old Harris Lane), running a distance of 122 feet along the Western property line and running a distance of 875 feet along the Northern property line. Said parcel contains 4.5 acres more or less. (Chesapeake Beach -Bradford Terrace Areas). BAYSIDE BOROUGH. Planning Commission Recommendation: A motion by Planning Commission was passed for approval of this request subject to the following: 1. A modification from the requested density from 24 additional apartment units, totaling 54 units, for a density of 12 dwelling units per acre. (Planning) 2. Water and sewer line fees required. (Public Utilities) 3. Standard site plan requirements. (Engineering) 4. City water and sewer. (Health Department) 5. Recommend that of the 4.5 acres be provided and developed for active recreation. (Department of Parks and Recreation) 6. Suggest participation in school site acquisition. Pyr. Owen B. Pickett,' Attorney, appeared on behalf of the applicant. Mr. Donald H. Clark, Attorney, representing Mr. and Mrs. Walker, appeared in opposition to the above application. Mr. Charles Agles, President of the Chesapeake Beach Civic League, appease in opposition to the above application. Mr. Donald H. Clark indicated that -the Minutes of the Council Meeting of March 9, 1971, in which the original application had been approved noting that a dedication of fifty (50) feet ingress -egress easement was required. In answer to a question, Mr. William W. Fleming, Director of Community Services, noted that the site plan had been changed as buildings now faced on the Court and net on the street in question. Mr. Agles indicated that the residents of the area object to the condition of Pleasure House Road, the access to the beach, and to the high density development in the area. A meeting has been proposed between the Planning Commission and the Chesapeake Beach Civic League. On motion by Councilman Holland, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert. H. Canis, 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 Abstain: Mayor Robert B. Cromwell, Jr. Absent: None City Council deferred for thirty days the above application of Hassell E. Perrell for a Change of Zoningfrom Residence Suburban District (4) (R -S 4) to Multiple Family Residence District (R -M) and a Use Permit to construct 24 additional apartment units, totaling 66 units on certain property beginning at a point 850 feet more or less North of Shore Drive at Old Harris Lane and the West side of Pleasure House Road. Bayside Borough. ITEM #5892 Application of Church of God of Prophecy by Rev. V. E. Byrd for a Use Permit to construct a church on certain property located on the West sided mss Anne Road beginning at a point 1093.26 feet North of Brandywine Road, running a distance of 251 feet along the West side of Princess Anne Road, running e distance of 345.98 feet along the Southern property line, running a distance of 231.33 feet along the Western property line and running a distance of 407.43 feet along the Northern property line. Said parcel contains 2 acres more or less. (Kemmmpsville Manor -Lark Downs Areas). KEMPSVILLE BOROUGH. Planning Commmmi ss i on Recommendation: A motion by the Planning Commission was passed for approval of this request subject to the following: 1. Water and sewer line fees required. (Public Utilities) 2. Standard site plan requirements to include a 20 -foot drainage easement required along ditch ar rear of site; all ditches shall be piped; parking areas shall be paved and protective concrete curbs (CG -2) installed at perimeter of all parking and drive areas. (Engineering) 3. City water and sewer. (He?lth) The Reverend V. E. Byrd app, red on b .ilf of the application. On motion by Councilman. Rhodes, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A, ;< Cromwell, Jr., Vice Mayor F. Gardner, Clarence A. Holland, H. Rhodes, and Floyd E. Water Nays: None Absent: None Robert 1I. Cailis, Jr., Mayor Robert B. Reid Ervin, George R. Ferrell, Charles W. D. Murray Malbon, J. Curtis Payne, Donald field, Jr. City Council approved the above application of Church of God of Prophecy by Reverend V. E. Byrd for a Use Permit to construct a church on certain property located on the West side—of Princess Anne Road beginning at a point 1093.26 feet North of Brandywine Road, running a distance of 251 feet along the Pest side of Princess Anne Road, running a distance of 345.98 feet along the Southern property line, running a distance of 231.33 feet along; the Western property line and running a distance of 407.43 feet along the Northern property line. Said parcel contains 2 acres more or less. :Kempsvi_i1e Manor -L rh Downs Areas). Kempsville Borough; approval is subject to the following stipulations: 1. Water and sewer line fee, required. (Public Utilities) 2. Standard site plan requirements to include a 20 -foot drainage easement required al ng ditch at rear of site; all ditches shall be piped; parking areas shall be paved and protective concrete curbs (C6-2) installed at perimeter of all parking and drive areas. (En_ineering) 3. City water and sewer. (Health) ITEM #5893 App1lptien of Green Ain Corp. of Virginia Beach for a Chang of Zoni from Residence Duplex District 1 (R -D 1) to Planned Unit Developmenct (PUD) to be added to the existing Green Run Planned Unit Development (Phase IV) and re-establishment of existing PUD in Phase IV to accomplish compatibility. Proposed change of zoning is known as the Buckner Tract, Property of Shirley A. Buckner as recorded in Map Book 11, Page 20 containing 58.270 acres lo- cated West of the Virginia Electric and Power Co. Right of Way and North of the future Tidewater Community College site. Plats with more detailed informa- tion are available in the Office of the Department of City Planning. (Green Run Area). PRINCESS ANNE AND KEMPSVILLE BOROUGHS. Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of this request subject to the following: 1. A modification of the plan (Phase IV) as follows: a. The gas station site shown at the intersections of Buckner Blvd. and Independence Blvd. and Buckner Blvd. and Rosemont Road shall be eliminated and developed as surrounding land use. b. the 1 -acre commercial site adjacent to the west of Section D-4 should be eliminated and devel ed as surf mnding land use. c. To maintain the integrity of the area the apartments shown in 0-4 should be interchanged with the townhouses in Section F-4. d. The area of the carsmercial shown as 8-4 is subject to change upon further study. (Planning) 2. Screening of conflicting land uses will be required to meet Planning Department standards. 3. Density reflected on the Phase IV plan does not indicate approved densities; densities will be set by the use permit process. (Planning) 4. Water and sewer line fees required; Standard water and sewer agree- ments required; (Public Utilielss); however, if developer holds a valid contract, said contract shall supersede this requirement. 5. Standard subdivision requirements. a. Buckner Boulevard shall be a 90 -foot right of way and constructed to City standards; full development of the right of way of Rosemont Road shall be required along the commercial sites. b. Appropriate traffic control shall be provided at all intersections. c. Canal location and extent shall be modified to accommodate necessary street ties. (Engineering) 6. Recommend approval it Phase IV is developed as described In previous correspondence which includes development of a 5 -acre Dark with trails and bridges leading to park and swiaTming pool/recreation areas to be provided in each multi -family area. 7. School site is reserved. M,r. Douglas Talbot, Project Engineer, appeared on behalf of the applicat:ioi Mr. Oscar B. Ferebee, Jr. appeared on behalf of his own application. Mrs. Marilyn Johnson and Mrs. Katheleen Harris appeared representing residents of Green Run. After prolonged discussion between the parties concerned and in an endeavo to satisfy the wishes of the residents and the specifications of the City and the applicant; 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, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Green Run Corporation of Virginia Beach for a Change of Zoning from Residence Duplex District 1 (R -D 1) to Planned Unit Development District (PUD) to be added to the existing Green Run Planned Unit Development (Phase IV) and re-establishmen of existing PUD in Phase IV to accomplish compatibility. Proposed change of zoning is known as the Buckner Tract, Property of Shirley A. Buckner as recorded in Map Book 11, Page 20, containing 58.270 acres located West of the Virginia Electric and Power Company Right of Way and North of the future Tidewater Community College site. Plats with more detailed informa tion are available in the Office of the Department of City Planning. (Green Run Area). Princess Anne and Kempsville Boroughs. Approval is subject to the following stipulations: 1. Elimination of the gas station site at Buckner Boulevard and Rosemont Road. 2. The apartments shown in D-4 shall be interchanged with the townhouses in Section F-4. 3. There shall be a four lane paving on Rosemont Road. 4. Screening of affected land uses shall be required to meet the Planning Department Standards. S. Density reflected on the Phase IV plan does not indicate approved densities; densities will be set by the use permit process. 6. Water and sewer line fees required; Standard water and sewer agreements required; (Public Utilities) however, if developer holds a valid contract, said contract shall supersede this requirement. 7. Standard subdivision requirements: a. Buckner Boulevard shall be a 90 foot right of way constructec to City standards; full development of the right of way of Rosemont Road shall be required along the commercial sites. b. Participation in the cost of traffic signalization of Bucknei Boulevard and Rosemont Road, and Buckner Boulevard and Independence Boulevard. c. Canal location and extent shall be modified to accomodate necessary street ties. (Engineering) 8. Approval is contingent upon the development of Phase IV as described in previous correspondence which included development of a five acre park with trails and bridges leading to parks and swimming pool/recreation areas to be provided in each rental apartment area. 9. School site is reserved. ITEM #5894 Appl l cati on of the Sinclair Hotel by Stanley Martin, Owner, for a Use Permit for bicycle rentals In conjunction with the Sinclair Hotel on certain property located on the East side of Atlantic Avenue beginning at a point 100 feet South of 27th Street on the Eastern portion (Oceanfront) of Lot 4, Block 65, Map III Extended of Virginia Beach Development Company. Said portion is 20 feet by 10 feet. VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of this request. Mr. Stanley Martin appeared on behalf of his own application. On motion by Councilman Callis, 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 above application of Sinclair Hotel by Stanley Martin, Owner, for a Use Permit for bicycle rentals in conjunction with the Sinclair Hotel on certain property located on the East side of Atlantic Avenue beginning at a point 100 feet South of 27th Street on the Eastern portion (Oceanfront) of Lot 4, Block 65, Map III Extended of Virginia Beach Development Company. Said portion is 20 feet by 10 feet and is in the Virginia Beach Borough; approval is subject to the following stipulation: 1. Must be enclosed on private property and must be enclosed in fences so as not to encroach on public right of way. COUNCILMAN CALLIS LEFT THE COUNCIL CHAMBER. ITEM #5895 Application of the City of Virginia Beach for a Use Permit to construct municipal buildings on certain property beginning at a pint 1160 feet more or less West of First Colonial Road at the Western extremity of Sir William Osler Drive, and 1530 feet more or less East of Great Neck Road, running North of Old Donation Road (Proposed). Said parcel is bounded on the East by property now or formerly of Grayson M. Whitehurst, Jr., on the South by property, now or formerly, of Princess Anne Memorial Park, Inc., and on the North by property, now or formerly, of Edmund L. Whitehurst, et al, and on the West by the City of Virginia Beach (Lynnhaven Junior High School) and property, now or formerly, Princess Anne Memorial Park, Inc.. and contains 28 acres more or less. Plats with more detailed information are available In the Office of the Department of City Planning. (General Hospital of Virginia Beach Area). LYSNHAVEN BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of this request subject to the following: 1. Standard site plan requirements. (Engineering) 2. A natural drainageway exists along the eastern boundary of the property and shell be respected; every effort shall be made to work with the existing tree growth. (Planning) I On notion by Councilman Malbon, seconded by Vice Mayor Ervin, 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, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert H. Callis, Jr. City Council approved the above application of the City of Virginia Beach for a Use Permit to construct municipal buildings on certain property beginning at a point 1160 feet more or less West of First Colonial Road at the Western extremity of Sir William Osler Drive, and 1530 feet more or less East of Great Neck Road, running North of Old Donation Road (Proposed). Said parcel is bounded on the East by property now or formerly of Grayson M. Whitehurst, Jr., on the South by property, now or formerly, of Princ(,. Anne Memorial Park, Inc., and on the North by property, now or formerly, of Edmund L. Whitehurst, et al, and on the West by the City of Virginia Beach, and contains 28 acres more or less. Plats with more detailed information are available in the Office of the Department of City Planning. (General Hospital of Virginia Beach Area). Lynnhaven Borough. Approval is subject to the following stipulations: 1. Standard site plan requirements. (Engineering) 2. A natural drainageway exists along the eastern boundary of the property and shall be respected; every effort shall be made to work with the existing tree growth. (Planning) ITEM #5896 Application of firestone Tire & Rubber Co., by.Thomas C. Broyles, Attorney, for a Use Permit for the sale and service of tires, batteries and accessories on cerEifn property beginning at a point 479.11 feet East of Nevan Road, running a distance of 200 feet along the South side of Laskin Road, running a distance of 240.64 feet along the Eastern property line, running a distance of 193.87 feet along the Southern propertyline and running a distance of 241.16 feet along the Western property, line. Said parcel contains 1.08 acres more or less. (Hilltop Area). LYNNHAVEN BOROUGH. Planning Commission Recommendation:. A motion by the Planning Commission;was passed for approval of this request subject to the following: 1. Water line fees required. ,.(Public Utilities) 2. Standard site plan requirements to include pavement widening, curb and gutter, sidewalk and storm drains' as'necessary along Laskin Road frontage. (Engineering) 3. City water and sewer. (Health) Mr. Thomas C. Broyles, Attorney, appeared on behalf of the applicant. On motion by Councilman Malbon, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Council� ten 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, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert H. Callis, Jr. City Council approved the above application of Firestone Tire and Rubber Company, by Thomas C. Broyles, Attorney, for a Use Permit for the sale and service of tires, batteries and accessories on certain property beginning at a point 479.11 feet East of Nevan Road, running a distance of 200 feet along the South side of Laskin Road, running a distance of 240.64 feet along the Eastern property line and running a distance of 241.16 feet along the Western property line. Said parcel contains 1.08 acres more or less. (Hilltop Area). Lynnhaven Borough. Approval is subject to the following stipulations: 1. Water line fees required. (Public Utilities) 2. Standard site plan requirements to include pavement widening curb and gutter, sidewalk and storm drains as necessary along Laskin Road frontage. (Engineering) 3. City water and sewer. (Health) COUNCILMAN CALLIS RETURNS TO CHAMBERS. ITEM #5897 Application of Wells Motorcycle Co., for a Change of Zonin from Limited Commercial District 2 (C -L 2) to General Commercia s r ct 2 (C -G 2) and a Use Permit to operate a retail motorcycle dealership and service on certain property Tocated on the South side of Virginia Beach Boulevard across from Hutton Lane and 91.60 feet West of Parker Lane, running a distance of 150 feet along the South side of Virginia Beach Boulevard, running a distance of 150 feet along the Western property line, running a distance of 150 feet along the Southern property line and running a distance of 150 feet along the Eastern propertyline. Said parcel contains 22,500 square feet. (London Bridge Area). LYN4HAVEU BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of this request subject to the following: 1. A modification from the requested C -G 2 to C -G 3 zoning classification Inasmuch as the requested right of way dedication would cause a hardship on the applicant. 2. Water and sewer line fees required. (Public Utilities) 3. Standard site plan requirements, (Engineering) 4. 8 dedication of right of. way 7.Q feet from the centerline of the exist- ing 80 -foot right of way along the 150 -foot more or less frontage on Virginia Beach Boulevard (30 -foot dedication).. Real Estate) 5. City water and sewer. (Health) On mot4on1by Councilman Malbon, seconde4 by Councilman Ferrell, and by recordld yote as follows: 3 Ayes: CopcilmenJohn•A. Baum, Robert H;,Canis, Jr., Mayor Robert B. Cromwell,;Jr., Vice Mayor F. Reid krvin, George R. Ferrell, Charles W. Gardner, Clarence' A, Holland, D. Murray'Maibon, J. Curtis Payne, Donald H. Rho4es and Fl070 E. Waterfield, Jr. Nays: Mtge Abstain: Vice Mayo* P. Ike i4 Err Absent: rime City Counpil approved the above mateatioft of Wells Motorcycle Co., for a Change 2f Zoning from Limited Commercial District 2 (C -L 2) to General CommerciaT District 2 (C -G 2) and a Use Permit to operate a retail motorcycle dealership and service on certain property located on the South side of Virginia Beach Boulevard Across from Hutton Lake and 91.60 feet West of Parker Lane, running a distance of 150 feet along the South side of Virginia Beach Boulevard, running a distance of 150 feet along the Western property line, running a distance of 150 feet along the Southern property line and running a distance of 150 feet along the Eastern property line. Said parcel contains 22,500 square feet. (London Bridge Area). Lynnhaven Borough. Approval is s}ibject to the following stipulation 1, A modifieeticn from the requested C -G 2 to C -G 3 zoning classification inasmuch as the requested right of way dedication would result in a hardship on the applicant. 2. Water and sewer line feee required. (Public Utilities) 3, Standard site plan requirements, (Engineering) 4. A dedication of right of way 70 feet from the centerline of the existing 80 -foot right of way, along the 150 -foot more or less frontage on Virginia Beach Boulevard (30 -foot dedication).Real Esta 5. City water and sewer, (Wealth) ITEM #5898 Application of Cass Corporation for Chane of Zon1n from Residence Suburban District 4 (R -S 4) to Limited Commercial DYstr�Tct 3 (C -L 3) on certain pro- perty located at the Northwest corner of Virginia Beech Boulevard and Caren Drive, running a distance of 92 feet etong the North side of Virginia Beach Boulevard, running a distance of RR feet along the West side of Caren Drive, running a distance of 105 feet along the Northern property line and running a distance of 100 feet along the Western property line. parcelSaid parceisrdens known as Lot 1, Block B, Section One, Birchwood Gardens. Area) . LYNHHAVEM BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of this request subject to the following: 1. Water line fee required. (Public Utilities) 2. Standard site plan requirements to include pavement widening, curb and gutter, sidewalk and storm drains as necessary along Virginia Beach Boulevard; sidewalks shall be required along frontage on Caren Drive. (Engineering) 3. City water and sewer. (Neotet) 4. Planting screen required all property line bordering R -S 4 zoning, (Planning) Mrs. Betty Cass appeared on behalf of her own application. Mr. Craig Tyrrell, President of Birchwood Gardens Civic League, appeared in opposition to the above application. Mrs. Rose Bisette appeared in opposition to the above application. On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Mayor Robert B. Cromwell; Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, ;larence A. Holland, D. Murray Malbon, and J. Curtis Payne. Nays: Councilmen John A. Baum, Robert H. Calli.s, Jr., and Floyd E. Waterfield, Jr. Abstain: Councilman Donald H . Rhodes Absent: None City Council denied the above application of. Cass Corporation for a Change of Zoning.from Residence Suburban District 4 (R -S 4) to Limited Commercial District > (C -L 3) on c;zrt;dn property located at the North- west corner of Virginia Beach D' i! r; :A apj Caren Drive, running a distance of 92 feet along t:le .de of i rginia Beach Boulevard, running a distance of 38 feet the est side of Caren Drive, running a distance of 105 feet along tee No t ieTn p~:cperty line and running a distance of 100 feet along the. western property line. Said parcel is known as Lot 1, Block B. Section one, 'g . rchwood Gardens. (Birchwood Gardens). Lynnhaven Borough.fl 7.: due to opposition of the residents of Birchwood Gardens. I. ITEM #5899 Application of Chesapeake Lynnhaven Properties for a Change of Zon1 from Residence Duplex District 2 (R -D 2) to Limited ComnercfaT D1 Tr C -L 2) and a Use Permit to construct 400 motel efficiency apartments on certain property lo -cat- at the intersection of Page Avenue, Cherry Tree Place and Shore,Drive, North and South of Page Avenue: • Parcel 1: Change of zoning from R-0 2 to'C-L 2 and a Use Permit to construct 400 motel efficiency apartments: On certain property located at the Northeast corner of Page :Avenue and Cherry Tree Place, running a distance of 550 feet along the Norte side of Page Avenue, running a distance of 728.33 feet along the East side of Cherry Tree Street, running a distance of 429.79 feet along the Norther.+ property line and running a distance of 628 feet along the Eastern roperty line. Said parcel is known as Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9. 3lock 2, Plat of Lynnhaven Shores and contains 6.633 acres. P cel 2: Change of zoning from R -D 2 to C -L 2: Beginning at a point 225 met more or less East of the intersection of Cherry Tree Place, Shore Drive and Page Avenue and running a di, ance of 5( ' t along the South side of Page Avenue, running a distance of 163.80 feet along the Western property line, running a distance of 50 feet along the North side of Shore Drive and running a distance of 186.95 fee'along the '"stern property line. Said parcel is known as Lot 3, Block -., Plat of Lynnhaven Shores. Said parcel contains 8750 square feet more or less. (Lynnhaven Shores Area). LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of this request subject to the following: 1. Parking ratio of at least 1.5 spaces per unit shall be required. (Planning) 2. If there are to be any changes in the building location that differ from the site plan submitted with this application, approval of the Planning Department shall be required. Prior to submission of the final site plan, the developer shall be required to meet jointly with the Planning Department and the Engineering Division to work out a plan for access onto Shore Drive. (Planning) 3. Water and sewer line fees required. (Public Utilities) 4. Parcel 1: Standard site plan requirements to include: a. Standard pavement widening, curb and gutter, sidewalks and storm drains as necessary along the adjoining rights ofway of Page Avenue and Cherry Tree Place; all storm drainage shall be similarly routed to the bay. b. A City standard bulkhead with a top elevation of 12 feet M.S.L. shall be required along the bayfront; the bulkhead shall not be forward of the 6 -foot contour and shall tie to the proposed bulkhead to the west or have a 75 -foot turnback at that end. c. A vehicle access ramp to the beach shall be provided at Cherry Tree Place if required by the Director of Community Services. d. No grading or clearing of the site shall be permitted without authorization from Engineering Division. e. A 30 -foot pedestrian/vehicle easement shall be provided from M.N.M. (Engineering) 5. Parcel 2: Standard site plan requirements to include a 12 -foot pavement widening with curb and gutter, sidewalk and storm drains as necessary. along Shore Drive shall be provided; also standard pavement widening, curb and gutter, sidewalk and storm drains as necessary along Page Avenue. (Engineering) 6. City water and sewer. (Health) 7. Additional recreation space recommended. (Parks and Recreation) 8. Suggest participation in school site acquisition. Mr. Owen B. Pickett, Attorney, appeared on behalf of the applicant. 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, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Abstain: Councilman Clarence A. Holland Absent: None City Council approved the above application of Chesapeake Lynnhaven Properties for a Change of Zoning from Residence Duplex District 2 (R -D 2) to Limited Commercial District 2 (C -L 2) and a Use Permit to construct 400 motel efficiency apartments on certain property located at the intersection of Page Avenue, Cherry Tree Place and Shore Drive, North and South of Page Avenue: Parcel 1: Change of zoning from R -D 2 to C -L 2 and a Use permit to construct 400 motel efficiency apartments: On certain property located at the Northeast corner of Page Avenue and Cherry Tree Place, running a distance of 550 feet along the North side of Page Avenue, running a distance of 728.33 feet along the East side of Cherry Tree Street, running a distance of 429.79 feet along the Northern property line and running a distance of 628 feet along the Eastern property line. Said parcel is known as Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 2, Plat of Lynnhaven Shores and contains 6.633 acres. Parcel 2: Change of zoning from R -D 2 to C -L 2: Beginning at a point 225 feet more or less East of the intersection of Cherry Tree Place, Shore Drive and Page Avenue and running a distance of 50 feet along the South side of Page Avenue, running a distance of 163.80 feet along the Western property line, running a distance of 50 feet along the North side of Shore Drive and running a distance of 186.95 feet along the Tastern property line. Said parcel is known as Lot 3, Block 4, Plat of Lynnhaven Shores. Said parcel contains 8750 square feet more or less. (Lynnhaven Shores Area). Lynnhaven Borough: Approval is subject to the following stipulations: 1. Parking ratio of at least 1.5 spaces per unit shall be required. (Planning) 2. If there are to be any changes in the building location that differ from the site plan submitted with this application, approval of the Planning Department shall be required. Prior to submission of the final site plan, the developer shall be required to meet jointly with the Planning Department and the Engineering Division to work out a plan for access onto Shore Drive. (Planning) 3.. Water and sewer lane fees required. (Public Utilities) 4. Parcel 1: Standard site plan requirements to include: a. Standard pavement widening, curb and gutter, sidewalks and storm drains as necessary along the adjoining rights of way of Page Avenue and Cherry Tree Place; all storm drainage shall be similarly routed to the bay. b. A City standard bulkhead with a top elevation of 12 feet M.S.L. shall be required along the bayfront; the bulkhead shall not be forward of the 6 -foot contour and shall tie to the proposed bulkhead to the west or have a 75 -foot burnback at that end. c. A vehicle access ramp to the beach shall be provided at Cherry Tree Place if required by the Director of Community Service:: d. No grading or clearing of the site shall be permitted withoul: authorization from the Engineering Division. e. A 30 -foot pedestrian/vehicle easement shall be provided from M.H.W. (Engineering) 5. Parcel 2: Standard site plan requirements to include a 12 -foot pavement widening with curb and gutter, sidewalk and storm drains as necessary along Shore Drive shall be provided; also standard pavement widening, curb and gutter, sidewalk and storm drains as necessary along Page Avenue. A cif, water and cPwPr (HPalthl ITEM #5900 AP1lcatien of Ebenezer Baptist Church for a Use Permit to construct a church an certain property beginning at a point 184M -feel: South of Maywood Boule- vard running a distance of 218.03 feet along the West side of Baker Road, running a distance of 323.87 feet along the Northern property line and running a distance of 362.88 feet along the Southern property line. Said parcel is triangular 1n shape. (Diamond Lake Estates Area). BAYSIDE BOROUGH. , Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of this request subject to the following: 1. Water and sewer line fees required. (Public Utilities) 2. Standard site plan requirements to include pavement widening, curb and gutter, sidewalks and storm drains as necessary along Baker Road frontage; parking lot shall be paved and protective concrete curb shall be installed on perimeter. (Engineering) 3. A dedication of right of way 30 feet from the centerline of the exist- ing 30 -foot right of way along the 218.03 -foot more or less frontage on Baker hard (15 -foot dedication). (Real Estate) 4. City water and sewer. (Health) "Mi. Isaac Herbert appeared on behalf of the applicant. 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 approved the above application of Ebenezer Baptist Church for a Use Permit to construct a church on certain property beginning at a point 184.47 feet South of Maywood Boulevard running a distance of 218.03 feet along the. West side of Baker Road, running a distance of 323.87 feet along the Northern property line and running a distance of 362.88 feet along the Southern property line. Said parcel is triangular in shape. (Diamond Lake Estates Area). Bayside Borough: Approval is subject to the following stipulations: 1. Water and sewer line fees required. (Public Utilities). 2. Standard site plan requirements to include pavement widening, curb and gutter, sidewalks and storm drains as necessary along Baker Road frontage; parking lot shall be paved and protective concrete curb shall be installed on perimeter. (Engineering). 3. A dedication of right of way 30 feet from the centerline of the existing 30 -foot right of way along the 218.03 -foot more or les; frontage on Baker Road (15 -foot dedication). Real Estate 4. City water and sewer. (Health) ITEM #5901 kipplioation of beim Needles. Inc., by William V. Burnside. Attorney. for a l o Perwlt,for bible studies, religious training and counsels (non-profit organlzatlon) on certain property beginning at a point 332.52 feet East of Lawrence Drive, running a distance of 142.5 feet along the South side of Connie Lane. running a distance of 208.88 feet along the Eastern property line. naming a distance of 148.54 feet along she Southern property line, and running a distance of 250.83 feet along .the Western property line. Said parcel Is known as 5445 Connie Lane and contains 0.77 acre more or less. (Newsome Fara Area). BAYSIDE B0110UGH. Planning Commission Recommendation: A motion by the Planning Co mission was passed for approval of this request subject to the fbllowing: 1. Standard site plan requirements to include pavement widening, curb and gutter, sidewalk and storm drains as necessary along Connie Lane. Adequate on-site parking shall be provided and all parking areas shall be paved and standard protective concrete curbs provided on site. All ditches shall be piped with drainage easements dedicated to the City as required. (Engineering) 2. Dedication of right of way 25 feet from the center line of the existing 1S-feot right of way along the 142.5 foot more or less frontage on Conaria Lane (17.5 -feet dedication). (Real Estate) On motion by Councilman Holland, 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 above application of Broken Needles, Inc., by William F. Burnside, Attorney, for a Use Permit for bible studies, religious training and counseling (non-profit organization) on certain . property beginning at a point 332.52 feet East of Lawrence Drive, running a distance of 142.5 feet along the South side of Connie Lane, running a distance of 208.88 feet along the Eastern property line, running a distance of 148.54 feet along the Southern property line, and running a distance of 250.83 feet along the Western property line. Said parcel :ir; known as 5445 Connie Lane and contains 0.77 acres more or less. (Newsome Farm Area). Bayside Borough: Approval is subject to the following stipulations: 1. Standard site plan requirements to include pavement widening, curb and gutter, sidewalk and storm drains as necessary along Connie Lane. Adequate on-site parking shall be provided and all parking areas shall be paved and standard protective concret curbs provided on site. All ditches shall be piped with drainag easements dedicated to the City as required. (Engineering) 2. Dedication of right of way 25 feet from the centerline of the existing 15 -foot right of way along the 142.5 foot more or less frontage on Connie Lane. (17.5 -foot dedication). (Real Estate) ITEM #5902 On motion by Councilman Payne, seconded by Councilman Callis, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert Reid Ervin, George R. Ferrell, Charles D. Mutray Malbon, J. Curtis Payne, and H. Callis, Jr., Vice Mayor F. W. Gardner, Clarence A. Holland, Floyd E. Waterfield, Jr. Nays: None Abstain: Mayor Robert B. Cromwell, Jr., Absent: None and Councilman Donald H. Rhodes City Council approved the following Ordinance to amend and reordain Section: .6-5 of the City Code relative to riding bicycles, etc. on the Boardwalk: AN ORDINANCE TO AMEND AND REORDAIN SECTION 6-5 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATIVE TO ':.IDING BICYCLES, ETC. ON THE BOARDWALK. Ordinance No. 451 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-5 of the City Code is hereby amended and re - ordained to read as follows: It shall be unlawful for any person to ride or operate a bicycle, -tricycle, tandem or similar device or equipment, other than a rolling chair, on the boardwalk along the Atlantic Ocean between 9:00 P. M., of any day and 4:00 A. M., of the following day Further, it shall be unlawful for any person to operate any pedal -powered vehicle having more than two wheels that is muscle - powered and has a wheel diameter of any wheel greater than twelve (12) inches on the boardwalk along the Atlantic Ocean at any time. An emergency exists and this Ordinance shall be in full force and effect from date of adoption. Adopted by the Council of the City of Virginia Beach on the 21 day of May , 1973. ITEM #5903 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. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhddes, and Floyd E. Waterfield, Jr. , Nays: None Absent: None City Council approved on second reading the following Ordinance establishing fees for processing of applications for bingo games and raffles pursuant to Section 18.1-316 of the Code of Virginia, as amended: AN ORDINANCE ESTABLISHING FEES FOR PROCESSING OF APPLICATIONS FOR BINGO GAMES AND RAFFLES PURSUANT TO 18.1-316, CODE OF VIRGINIA, AS AMENDED Ordinance No. 450 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a processing fee of $10.00 is hereby authorized for the application for a permit to operate bingo games and raffles pursuant to Section 18.1-316 of the Code of Virginia, as amended. Such applications shall be filed with the Chief of Police. Falsification or misrepresentation of the application shall be grounds for immediate revocation of the permit by the City Council of the City of Virginia Beach. First Reading: May 14, 1973 Second Reading: May 21, 1973 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 day of ___ May , 1973. ITEM #5904 On motion by Councilman Rhodes , 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 City Council approved on second reading the following Ordinance to amend and reordain Section 14-62 of the City Code relating to electrical reinspection fees: Requested by Building Code Superintendent Ordinance No. 452 AN ORDINANCE TO AMEND AND REORDAIN SECTION 14-62 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO ELECTRICAL RE -INSPECTION FEES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 14-62 of the City Code of Virginia Beach, is amended and reordained to read as follows: Delete the words "two dollars" and substitute the words "three dollars." An emergency exists and this ordinance shall be in full force and effect from the date of adoption. First Reading: May 14, 1973 Second Reading: ,May. 21, 19-73 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 day of May , 1973. ITEM 05905 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. Murray,Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield,'Jr. Nays: None Absent: None City Council approved on second reading the following Ordinance to amend and reordain Section 8-4 of the City Code relating to the Building Code: COUNCILMAN FERRELL LEFT THE COUNCIL CHAMBERS. Ordinance No. 453 Requested by City Manager AN ORDINANCE TO AMEND AND REORDAIN SECTION 8-4 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE BUILDING CODE OF THE CITY OF VIRGINIA BEACH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Building Code of the City of Virginia Beach (Southern Standard Building Code 1969 Edition, including 1972 revision) is amended and reordained to read as follows: 1. Section 106.2 Contractor's License and Bond Required line 11 in lieu of "one thousand dollars" insert "five thousand dollars." 2. Section 107.4 Schedule of Permit Fees a. Residential 1. For 100 square feet up to and including 1000square feet, the fee shall be $5,00 per hundred square feet or fraction thereof. (a) For fee purposes only attachedgarages, carports, and porches are not computed in determining the square footage in residential construction. For fee purposes only 403.3 (a) will not apply. 2. For 1000 square feet up to and including 2000 square feet, the fee shall be $50.00 for the first 1000 square feet plus $4.00 per hundred square feet or fraction thereof. 3. For 2000 square feet or more, the fee shall be $90.00 for the first 2000 square feet plus $3.00 per hundred square feet or fraction thereof, without limit. 4. For 100,000 square feet or more, be $3,030.00 for the first 100,000 square $2,00 per hundred square feet or fraction out limit. b. Business and Mercantile the fee shall feet plus thereof, with - 1. For 100 square feet up to and including 1,000 square feet, the fee shall be $5.00 per hundred square feet or fraction thereof. 2. For 1000 square feet up to and including 2000 square feet, the fee shall be $50.00 for the first 1000 square feet plus $4.00 per hundred square feet or fraction thereof. 3. For 2000 square feet up to and including 5000 square feet, the fee shall be $90.00 for the first 2000 square feet plus $3.00 per hundred square feet or fraction thereof. 4. For 5000 square feet up to and including 10,000 square feet, the fee shall be $180.00 for the first 5000 square feet plus $2.00 per hundred square feet or fraction .thereof. feet up to and be $280.00 for hundred square 5. For 10,000 square square feet, the fee shall square feet plus $1.50 per thereof. including 20,000 the first 10,000 feet or fraction 6. For 20,000 square feet or more, the fee shall be $430.00 for the first 20,000 square feet plus $1.00 per hundred square feet or fraction thereof, without limit. c. Schools and Educational 1. For 100 square feet up to and including 1,000 square feet, the fee shall be $5.00 per hundred square feet or fraction thereof. 2. For 1,000 square feet up to and including 2,000 square feet, the fee shall be $50.00 for the first 1,000 square feet plus $4.00 per hundred square feet or fraction thereof. 3. For 2,000 square feet up to and including 5,000 square feet, the fee shall be $90.00 for the first 2,000 square feet plus $3.00 per hundred square feet or fraction thereof. 4. For 5,000 square feet up to and including 10,000 square feet, the fee shall be $180.00 for the first 5,000 square feet plus $2.00 per hundred square feet or fraction thereof. 5. For 10,000 square feet, the fee shall be $280.00 for the first 10,000 square feet plus $1.00 per hundred square feet or fraction thereof, without limit. d. Institutions 1. For 100 square feet up to and including 1,000 square feet, the fee shall be $7.00 per hundred square feet or fraction thereof. 2. For 1,000 square feet up to and including 2,000 square feet, the fee shall be $70.00 for the first 1,000 square feet plus $6.00 per hundred square feet or fraction thereof. 3. For 2,000 square feet up to and including 3 000 square feet, the fee shall be $130.00 for the first 2,000 square feet plus $5.00 per hundred square feet or fraction thereof. 4. For 3,000 square feet up to and including 5,000 square feet, the fee shall be $180.00 for the first 3,000 square feet plus $4.00 per hundred square feet or fraction thereof. 5. For 5,000 square feet up to and including 10,000 square feet, the fee shall be $260.00 for the first 5,000 square feet plus $3,00 per hundred square feet or fraction thereof. 6. For 10,000 square feet up to and including 20,000 square feet, the fee shall be $410.00 for the first 10,000 square feet plus $2.00 per hundred square feet or fraction thereof. 7. For 20,000 square feet or'more, the fee shall be $610.00 for the first 20,000 square feet plus $1.00 per hundred square feet or fraction thereof, without limit. e. Assembly 1. For 100 square feet up to and including 1,000 square feet, the fee shall be $6.00 per hundred square feet or fraction thereof. 2. For 1,000 square feet up to and including 2,000 square feet, the fee shall be $60.00 for the first 1,000 square feet plus $5.00 per hundred square feet or fraction thereof. 3. For 2,000 square feet up to and including 5,000 square feet, the fee shall be $110.00 for the first 2,000 square feet plus $4.00 per hundred square feet or fraction thereof. 4. For 5,000 square feet or more, the fee shall be $230.00 for the first 5,000 square feet plus $3.00 per hundred square feet or fraction thereof, without limit. f. Storage 1. For 100 square feet up to and including 2,000 square feet, the fee shall be $3.00 per hundred square feet or fraction thereof. 2. For 2,000 square feet up to and including 5,000 square feet, the fee shall be $60.00 for the first 2,000 square feet plus $2.00 per hundred square feet or fraction thereof. 3. For 5,000 square feet up to and including 10,000 square feet, the fee shall be $120.00 for the first 5,000 square feet plus $1.50 per hundred square feet or fraction thereof. 4. For 10,000 square feet or more, the fee shall be $195.00 for the first 10,000 square feet plus $1.00 per hundred square feet or fraction thereof, without limit. g. Industrial 1. For 100 square feet up to and including 2,000 square feet, the fee shall be $4.00 per hundred square feet or fraction thereof. 2. For 2,000 square feet up to and including 5,000 square feet the fee shall be $80.00 for the first 2,000 square feet plus $3.00 per hundred square feet or fraction thereof. 3. For 5,000 square feet or more, the fee shall be $170.00 for the first 5,000 square feet plus $2.00 per hundred square feet or fraction thereof, without limit. -3- h. Hazardous Storage or Occupancy 1. For 100 square feet up to and including 5,000 square feet, the fee shall be $3.00 per hundred square feet or fraction thereof. 2. For 5,000 square feet up to and including 10,000 square feet, the fee shall be:$150.00 for the first 5,000 square feet plus $2.00 per hundred square feet or fraction thereof. 3. For 10,000 square feet or more, $250.00 for the first 10,000 square feet hundred square feet or fraction thereof, 4. For 10 $210.00 for the hundred square i. Alterations Greenhouses 1. Where no fee shall be in which case t ,000 square feet or more, first 10,000 square feet feet or fraction thereof, , Repairs, Private Piers, and Accessory Buildings the valuation does not exceed $100.00, required, unless an inspection is necessary, here shall be a $4.00 fee. the fee shall be plus $1.00 per without limit. the fee shall be plus $1.25 per without limit. Installations, 2. For a valuation over $100.00 up to and including $15,000.00 the fee shall be $4.00 per thousand or fraction thereof. 3. For a valuation over $15,000.00 up to and includ- ing $100,000.00, the fee shall be $60.00 for the first $15,000.00 plus $3.00 for each additional thousand or fraction thereof. 4. For a valuation over $100,000.00 up to and includ- ing $500,000.00, the fee shall be $315.00 for the first $100,000.00 plus $.25 for each additional thousand or fraction thereof. 1. Reinspection A fee of $3.00 shall be paid for any reinspection. k. Demolitions A fee of $5.00 shall be charged for demolishing a building. 1. Moving of Building or Structures 1. Fee for moving buildings or structures of over 144 square feet in area shall be $250.00. An additional fee of $25.00 shall be charged for each day, or portion thereof, such building occupies any part of any street in the city, over 24 hours after moving is begun. 2. Fee for moving buildings or structures of less than 144 square feet in area shall be $10.00 M 3. For buildings or structures being moved, outside* the city limits on trucks or trailers, the fee will be $10.00 for over 144 square feet in area and $5.00 for less than 144 square feet in area. -4- m. Signs Fees for permits for the erection, painting, placing, replacing hanging, and rehanging of signs not otherwise specified in this section shall be as follows: Under 25 square feet $4 00 25 to 49 square feet' 6 00 50 to 74 square feet 8 00 75 to 99 square feet 10 00 100 to 299 square feet 20.00 300 square feet and over 25.00 The fees for permits for signs on the roofs of buildings shall be $20.00 for each sign so erected. Fees for permits for the repair of each billboard shall be $5.00 n. Penalty If any construction, alteration, repair or other work requiring a permit under Section 105 is commenced before said permit is secured and fee paid for same, a penalty of 25 percent (257) shall be added to the fee due. Such penalty shall not be less than $25.00 per unit. Payment of such penalty shall not in any way relieve the violator of any criminal prosecution provided for in Section 114. o. Exemption No fees will be required for permits for churches and buildings for use for charitable or governmental purposes, nor for certificates of occupancy. First Reading: May 14, 1973 Second Reading: May 21, 1973 This ordinance shall be effective June 1, 1973. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 1._ day of May , 1973. JDB:er 5-8-73 ITEM #5906 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. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell City Council approved on second reading the following Ordinance to amend and reordain Section 14-59 of the City Code relating to electrical fees for original construction: ' Requested by Building Code Superintendent Ordinance No.454 AN ORDINANCE TO AMEND AND REORDAIN SECTION 14-59 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO ELECTRICAL FEES FOR ORIGINAL CONSTRUCTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 14-59 of the Code of the City of Virginia Beach is hereby amended and reordained by adding the following sentence to the last paragraph: "For fee purposes, the service -panel nameplate amperage rating shall be used." An emergency exists and this ordinance shall be in full force and effect from the date of adoption. First Reading: May 14, 1973 Second Reading: May 21, 1973 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21. day of May , 1973. f hM 05907 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, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman George R. Ferrell City Council approved on second reading the following Ordinance to amend and reordain Section 20-55 of the City Code relating to personal service businesses: Ordinance No.455 AN ORDINANCE TO AMEND AND REORDAIN SECTION 20-55 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO PERSONAL - SERVICE BUSINESSES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 20-55 of the Code of Virginia Beach be amended and reordained to read as follows: Section 20-55 Personal -service businesses. The second paragraph is amended by adding as classification number 4 "Coin-operated laundries and dry cleaning". An emergency exist and this ordinance shall be in full force and effect from the date of adoption. 1st reading: May 14, 1973 2nd reading: May 21, 1973 Adopted by the Council of the City of Virginia Beach, Virginia on the _j day of _ May_ - 1973. ITEM #5908 Vice Mayor Ervin moved the adoption of the Budget Ordinance on second reading making appropriations for the fiscal year beginning July 1, 19.73 and ending June 30, 1974, in the sum of $101,070,435. and regulating, the payment of money out of the City Treasury. The motion was seconded by Councilman Callis. ITEM #5908 '(a) A discussion ensued in which the City Manager was requested to indicate the internal adjustments which were made since the first reading, which adjustments did not effect the total. The City Manager indicated that the advertising budget had been increased $45,237. with funds from the Reserve for Contingencies. Councilman Holland noted that he felt that these funds should be used for general public recreational purposes as well as for tourist, in which opinion he was joined by Councilman Ferrell and Councilman Rhodes. Councilman Rhodes made a motion, which was seconded by Councilman Holland, to return to its previous account the $45,237. increase in the advertising budget. Ayes: Councilmen George R. Ferrell, Clarence A. Holland, and Donald H. Rhodes. Nays: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Absent: None The motion was lost. ITEM #5908 (b) Mayor Cromwell requested a vote on the original motion which had been made by Vice Mayor Ervin, seconded by Councilman Callis, 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 the following Ordinance making appropriations for the fiscal year'beginning July 1, 1973 and ending June 30, 1974, in the sum of $101,070,435, and regulating the payment of money out of the City Treasury: AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 1973, AND ENDING JUNE 30, 1974, IN THE SUM OF ONE HUNDRED ONE MILLION, SEVENTY THOUSAND, FOUR HUNDRED THIRTY-FIVE DOLLARS ($101,070,435), AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY WMEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the City for the fiscal year beginning July 1, 1973, and ending June 30, 1974, which has been amended by the Council, and it is necessary to appropriate sufficient funds to cover said budget, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts herein named aggregating ONE HUNDRED ONE MILLION, SEVENTY THOUSAND, FOUR HUNDRED THIRTY-FIVE DOLLARS ($101,070,435), or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 1973-74, submitted by the City Manager on the date of April 2, 1973, are hereby appropriated, subject to the conditions hereafter set forth in this Ordinance, from the revenue of the City, as hereinafter set forth, for the year 1973-74, for the use of the several departments and specially designated funds of the City Government, and for the purposes hereafter mentioned, as set forth in said Annual Budget, as amended, for the fiscal year begin- ning July 1, 1973, and ending June 30, 1974, as follows: CoS 'Dumber Item o £Expenditure GENERAL FUND: 1. Legislative Department: Municipal Council City Clerk Total 2. Executive Department: City Manager Public Information Officer Intergovernmental Relations Coordinator Data Processing - Information Systems Data Processing - Central Files 3. Law Department: City Attorney 4. Finance Department: Commissioner of the Revenue Board of Equalization City Real Estate Assessor Special Tax Administration Treasurer Director of Finance Purchasing Division Independent Auditing Retirement System & Other Benefits 5. 6. Personnel Department: Director of Personnel Emergency Employment Act Judicial Department: Circuit Court Municipal Court Juvenile and Domestic Relations Court Juvenile Probation Lunacy Commission Commonwealth's Attorney High Constable Sheriff Circuit Court Clerk City Jail Juvenile Detention Home Justices of the Peace Total (Continued) Budget 1973-1974 $ 190,730 40,619 $ 231,349 $ 118,772 59,237 23,384 40,990 48.432 $ 290,815 $ 139,554 $ 366,536 8,700 260,696 11,860 404,363 385,150 66,096 19,000 899,750 $ 2,422,151 $ 121,611 $ 121,611 $ 151,370 151,043 89,322 200,271 6,000 128,640 97,694 104,594 80,019 247,842 25,000 97,632 $ 1,379,427 'Cod* llwabir Item of Expenditure GENERAL FUND: (Continued) 7. Health Department: Bureau of Preventive Medicine Comprehensive Mental Health Program Mental Health and Retardation Administration Unit. Drug Abuse "Outreach Center" Budget 1973-1974 $ 457,581 236,273 48,065 • 67,586 Total $ 809,505 8. Social Services Department: Director of Social Services $ 1,479,955 Public Assistance 4,060,300 Hospitalization 130,000 Total 9. Public Safety Department: Police Division Auxiliary Police Animal Control Coroners Bureau of Fire Radio Communications Forestry Fire Inspections Civil Defense $ 5,670,255 $ 3,772,509 8,047 147,517 2,500 1,154,592 82,164 3,600 127,136 35,687 Total $ 5,333,752 10. Community Services Department: Director of Community Services $ 160,609 Dredge Operations 111,478 Highway Division 3,961,212 Engineering and Traffic Division 426,180 Sanitation Division - Refuse Disposal 571,058 Refuse Collection Bureau 2,006,145 Street Cleaning 253,952 Inspection Services 282,497 Consumer Protection Services 65,424 Back Bay Salt Water Project 22,965 Erosion - Administrative 69,608 Erosion - 10" Dredge - Erosion - 8" Suckerhead Dredge 46,242 Erosion - Floating Booster 18,678 Erosion - Electric Booster 16,685 Erosion - Pipe Line 88,196 Erosion - 12" Dredge 88,832 Erosion - Commercial Dredging Total $ 8,189,761.. (Continued) Code • wii Item of Expenditure GENERAL FUND: (Continued) 11. Parks and Recreation Department: Director of Parks and Recreation Municipal Golf Course Boardwalk Trains Total 12. .Library Department: Virginia Beach Library 13. Planning Department: • Director of Planning 14. Farm and Home Demonstration: VPI Extension Service • Farmers' Produce Market Total 15. Economic Development Department: Director of Economic Development Contributions Rudee Inlet Civic Center Tourist Advertising Industrial Advertising Total 16. General Services Department: Director of General Services Building Maintenance Grounds Maintenance 17. Boards and Commissions: General Registrar Zoning Board 18. Non -Departmental: Insurance Transfers to Other Funds: Reserve for Contingencies: Salary Adjustments Regular Total Total. Total TOTAL GENERAL FUND (Continued) Budget 1973-1974 $ 1,117,900 157,929 15.807 $ 1,291,636 $ 569,175 $ 305,954 $ 72,221 27,686 $ 99,907 172,410 5,250 96,622 365,472 80,620 720,374 $ 100,698 771,771 183,666 $ 1,056,135 $ 104,630 3,300 $ ,107,930 $ t485,500 $ 22,268,680 $ 785,000 282,383 $ 1,067,383 $ 5%560,854 t. Item of Expenditure WATER AND SEWER FUND: 20. Community Services Department: Public Utilities Division Source of Supply Transmission and Distribution Maintenance and Operation of Plants and Pump Stations Budget 1973-1974 $ 429,308 363,000 348,781 139,807 Total $ 1,280,896 Transfers to Other Funds: $ 2,056)597 Reserve for Contingencies: $ 23,500 TOTAL WATER AND SEWER FUND $ 31360,993 SCHOOL OPERATING FUND: 12. Department of Education Administration $ 507,600 Instruction - Regular Day School 26,264,470 Other Instructional Costs 2,378,122 Attendance and Health Services 306,199 Pupil Tranwporta tli n 1,461,423 School Food Services - Operation of School Plant 2,398,096 Maintenance of School Plant 1,769,700 Fixed Charges 715,900 Simmer Schools 300,000 Adult Education- 59,675 Basic Adult Education 45,860 Vocational Adult Education 91,304 Capital Outlay 1,004,165 TOTAL SCHOOL OPERATING FUND S 37.302.514 LAW LIBRARY FUND: 12. Library: Law Library VIRGINIA BEACH SPECIAL REVENUE FUND: 9. Public Safety Department: Paid Fire Department Transfers to Other Funds: S 7.190 $ 124,670 TOTAL VIRGINIA BEACH SPECIAL REVENUE FUND S 124.670 (Continued) Code Number Item of Expenditure SIX BOROUGH SCHOOL DEBT FUND: Budget 1973-1974 25. Debt Service: $ 407.658 BAYSIDE AND KEMPSVILLE BOROUGHS SCHOOL. DEBT FUND: 25. Debt Service: $ , 22.678 PUNGO BOROUGH SCHOOL DEBT FUND: 25. Debt Service: ___-._. 4.08Q GENERAL DEBT FUND: 25. Debt Service: 4 7.112.107 VIRGINIA BEACH BOROUGH GENERAL DEBT FUND: $ 167,691 25. Debt Service: TOTAL BUDGET LESS: INTERFUND TRANSFERS NET BUDGET $101,070,435 24,449,947 $ 76,620,488 Section 2. Subject to the provisions of Chapter 2, Article III, of the. Virginia Beach City Code, the salaries and wages set forth in detail in said Annual Budget, as amended by the Council, are hereby authorized and fixed as the maximum.compensation to be paid for services rendered. The positions, except in the labor class in cases where the number thereof is not under the control of the Council, set as line items in said Annual Budget, as amended by the Council, shall be themaximum number of positions authorized for the various departments, bureaus and divisions of the City during said fiscal year, and the !lumber thereof shall not be increased during said fiscal year unless authorized by the Council. The City Manager may from time to time increase or decrease the number of positions in the labor class provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefor. The City Manager is authorized to make such rearrange- ments of positions into several departments named herein, as may best meet the uses and interests of the City. Section 3. All collections of delinquent City taxes shall be credited to the General Fund of the City by the Treasurer. Section 4. All collections of local taxes levied shall be credited to the General Fund of the City. Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such specially designated fund. Section 5. All tax abatements and tax supplements dated subsequent: to December 5, 1973, for the 1973 tax year shall accrue to the General Fund of the City. Section 6, All balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business on the thirtieth (30th) day of June, 1973, except as otherwise provided for, are hereby declared to be lapsed into the surplus of the respective funds except School Operating Fund which shall lapse into the General Fund Surplus, and shall be used for the payment of the appropriations which may be made in the appropriation ordinance for the fiscal year beginnin3 July 1, 1973. Section 7. No department, bureau, agency or individual receiving appropriations under the provisions of this ordinance shall exceed the amount of its or his appropriations except with consent and approval of the City Council first being obtained, but it is expressly provided that the restrictions with respect to the expenditure of the funds appropriate shall apply only to the lump -sum amounts for classes of expenditures which have been included in this ordinance. Section 8. Nothing in this section shall be construed as authoriziri any reduction to be made in the amounts appropriated in this ordinance for the payment of interest or bonds on the bonded debt of the City Government or the former political subdivisions of Virginia Beach and Princess Anne County. Section 9. Allowances out of any of the appropriations made in this ordinance by any or all of the City departments, bureaus or 111 agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed ten cents (10) per mile of actual travel. Section 10. All traveling expense accounts shall be submitted on forms and according to regulations prescribed or approved by the Director of Finance. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel ex- penses, meals, incidental expenses such as telegrams, telephone calls, etc. The Director of Finance is specifically directed to withhold the issuance of checks in payment of expense accounts submitted for "lump - sum" amounts, except in the case of employees of the School Board. Section 11. That if any part or parts, section or sections, sen tences, clause or phrase of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 12. The City Manager is hereby authorized to approve trans- fers of appropriations within any department or between departments, except from or to salary accounts, in an amount not to exceed $1,000.00 in any single transaction, and further, he is authorized to approve expenditures from the reserve for contingencies in an amount not to exceed $1,000.00 in any single transaction. Section 13. That this ordinance shall be in effect from and after the date of its adoption. •'1 ITEM #5909 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis Cromwell, Jr., Vice Mayor F. Reid Ervin, George Gardner, Clarence A. Holland, D. Murray Malbon, H. Rhodes, and Floyd E. Waterfield, Jr.• , Jr., Mayor Robert B. R. Ferrell, Charles W. J. Curtis Payne, Donald Nays: None Absent: None City Council approved the following Ordinance appointing Viewers to closing a 15 -foot right of way in the Lynnhaven Borough: relative CITY OF VIRGINIA BEACH (ORDINANCE APPOINTING VIEWERS) AN ORDINANCE APPOINTING VIEWERS ON APPLICATION FOR VACATION AND DIS- CONTINUANCE OF A 15 FOOT LANE, IN LYNNHAVEN BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, pursuant to the authority therefor 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 Bedch, Virginia, hereinafter called the Council, the application of Brown -Arris -Langhorne, Inc., hereinafter called the Applicant, for the vacation and discontinuance of a 15 foot lane, in Lynnhaven Borough, in the City of Virginia Beach, des- cribed more particularly hereinafter, (hereinafter called the street), 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, inconven- ience would result from discontinuing the street; and WHEREAS, in conformity with the procedures prescribed by said section at least ten days notice of the intended application has been posted at the Court House of the Circuit Court of the City of Virginia Beach, Virginia, and at two public places in the City of Virginia Beach, Virginia; 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, George L. Hanbury ATON 8 WRIGHT 4ONN[Ye AT LAW V IGINIA BEACM. VA. and Charles C. Carrington , and William W. Fleming , be, and they hereby are, appointed VIEWERS to view the street and report in writing to the Council on or before the day of July, 1973, whether, in their opinion, any and if any, what, in- convenience would result from discontinuing the same; and that further such viewers be, and they hereby are, allowed the sum of $ each for their services, such sums to be paid to such viewers on or before , 1973, by the applicant. The Street is described as follows: ALL that certain 15 foot right of way, in Lynnhaven Borough, in the City of Virginia Beach, Virginia, shown as 15' R.O.W. on that certain plat attached hereto entitled, "Survey of Property Showing 15' R.O.W. and ADJOINING LOTS Map Book 16, page 63, Lynnhaven Borough -Virginia Beach, Virginia, Scale: 1" - 30', March 31, 1973", made by Bruce B. Gallup, Certified Land Surveyor. ITEM #5910 On motion by Councilman Payne, 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 following Ordinance appointing Viewers relative to closing a portion of Ranger Street in Princess Anne Borough: ORDINANCE APPOINTING VIEWERS WHEREAS, Oliver A. Williams, Jane M. Williams, Charles Homer Cole and Jennie Mae Cole, have given 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, if any, what inconven- ience would result from the discontinuance of the hereinafter described portion of "Ranger Street'; West of Maralon Drive, located in the Kempsville Borough of the City of Virginia Beach, Virginia, and such application has been duly filed with the said Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, Charles C. Carrington, William W. Fleming, and George L. Hanbury are hereby appointed to view the below described property and report in writing to the Council on or before whether, in their opinion, any, and if any, what inconvenience would result from the discontinuance, closure and vacation of that certain portion of "Ranger Street", west of Maralon Drive, located in the Borough of Kempsville, City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT certain portion of that certain public right of way entitled, "Ranger Street", as appears on the plat of Western Portion of Avalon Villa, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map BOOK 41, at Page 47, and being more particularly described as "THAT PORTION OF RANGER STREET, WEST OF MARALON DRIVE ON THAT CERTAIN PLAT ENTITLED, 'WESTERN PORTION OF AVALON VILLA, A SUBDIVISION OF LAND IN PRINCESS ANNE COUNTY, VIRGINIA, JUNE 1956, W. B. GALLUP, COUNTY SURVEY() ", a copy of which is attached hereto. ITEM #5911 On motion by Councilman Waterfield, and 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 following Ordinance appointing Viewers relative to closing a portion of 81st Street in Lynnhaven Borough: It APPLICATION FOR APPOINTMENT OF VIEWERS AND CLOSING OF A PORTION OF 81st STREET .1 :To the Honorable City Council Virginia Beach, Virginia Your Petitioners, James M. Moore and Sue C. Moore, and James C. Cheshire and Rosalie M. Cheshire, respectfully represent: s; 1. That they are the respective owners in fee simple of that property shown on the drawing attached known as Lot A, Plat of Subdivision of Property of Lake George Corporation, West of Block 16, Cape Henry Section D, Virginia Beach, Virginia, fronting on the south side of 81st Street, and Lot A, "Resub- division of property of Robert S. Lindsley, West of Block 14, Cape Henry, Section D, Virginia Beach, Virginia, fronting on the north side of 81st Street. 2. That no property of any other person will be adversely affected by the closing, vacating and discontinuing of that portion of said street being the most westerly one hundred (100') feet of 81st Street abutting the Seashore State Park nor would any inconvenience result from discontinuing the same. 3. That your Petitioners, in accordance with Chapter 15.1 of the Code of Virginia have caused notice of this application to be posted at the Court House of the Circuit Court of the City of Virginia Beach, Virginia on 1973, and at two other public places in the City of Virginia Beach at least ten days before the appointment of viewers of the subject property. Executed copies of said notice and affidavit of posting are filed herewith as part of this petition. LI IN CONSIDERATION WHEREOF, your Petitioners pray that Council appoint not less than three nor more than five viewers to view that portion of said street being the most westerly one hundred (100') feet of 81st Street abutting the Seashore State Park and to report in writing whether in their opinion •1 any, and if any, what inconvenience would result from the closing, vacating and `discontinuing of said street; and that•an ordinance be adopted closing, vacating and discontinuing that portion of said street being the most westerly one hundred 4(100') feet of 81st Street abutting the Seashore State Park as indicated in red on the drawing hereto attached. James M. Moore 1 A • Sue C. Moor ---- , James C. Cheshire Rosalie M. Cheshire COX, COX & COX • 1518 Atlantic Avenue Virginia Beach, Virginia 23451 Viewers, C. C. Carrington, W. W. Fleming, Jr, and G. L. Hanbury, appointed on .,May 21, 1973, by the Council of the City of Virginia Beach, relative to the above street closure. "I I AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: THIS DAY, personally appeared before me L. B. Cox, Jr., a Notary Public in and for the City aforesaid in the State of Virginia, Lucian B. Cox, III,, 1• to me personally known, who made oath that he is Counsel and Agent for James M. Moore and Sue C. Moore; that on the 10th day of May, 1973, he posted a 1.: signed copy of the attached Notice at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, and in two other public places in said , City, said date being at least ten days prior to May 21, 1973, the date on which application is being made to the City Council of the City of Virginia Beach for the appointment of Viewers of the property described in said Notice. GIVEN under my hand this 10th day of May, 1973. My Commission expires March 16, 1975. rt TO THE PUBLIC: fi NOTICE You are hereby notified that on Monday, May 21, 1973 the undersigned owners will present to the City Council of the City of Virginia Beach, Virginia, :at the Council Chamber thereof, a petition for the closing, vacating and discon- tinuing of that portion of 81st Street being the most westerly one hundred (100') feet of 81st Street abutting the Seashore State Park. Dated at Virginia Beach, Virginia, this 10th day of May, 1973. James M. Moore Sue C. Moore COX, COX & COX 1518 Atlantic Avenue Virginia Beach, Virginia 23451 ITEM #5912 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 following Resolution directing the Building Official to make application to the Board of State Building Code Review for a two year Cxtension of the currently effective City Building Code, Plumbing Code, Gas Code and Mechanical Code, pursuant to Section 36-101 of the Code of Virginia 1950, as amended: The regular meeting of the Council of the City of Virginia Beach,, Virginia, was held in the Council Chambers of the City on May 21, 1973, at two o clock p.m. On motion by Mr. Ervinand seconded by Mr. Gardner the following Resolution was unanimously adopted: A RESOLUTION DIRECTING THE BUILDING OFFICIAL TO MAKE APPLICATION TO THE BOARD OF STATE BUILDING CODE REVIEW FOR A TWO YEAR EXTENSION OF THE CURRENTLY EFFECTIVE CITY BUILDING CODE, PLUMBING CODE, GAS CODE AND MECHANICAL CODE, PURSUANT TO SECTION 36-101 OF THE CODE OF VIRGINIA,. 1950, AS AMENDED WHEREAS, in accordance with Section 36-98 of the Code of Virginia, 1950, as amended, the State Board of Housing has or will adopt and promulgate a Uniform State Wide Building Code and such building code when so adopted will supercede certain building codes now in effect in the City of Virginia Beach; and WHEREAS, said codes which are presently effective and which will be superceded by the adoption of said Uniform State Wide Building Code are as follows: the Southern Standard Building Code, 1969 edition with the 1972 revision thereto; the Southern Standard Plumbing Code, 1971 edition with the 1972 revision thereto; the Southern Standard Gas Code, 1969 edition with the 1972 revision thereto; and the Southern Standard Mechanical Code, 1973 edition, all of which as amended have been adopted by incorporation; and WHEREAS, Section 36-101 of the Code of Virginia, 1950, as amended,, permits that if such local codes are in substantial conformity with the duly adopted Uniform State Wide Building Code, the local codes may, with the concurrence of the Board of State Building Code Review, remain in effect for two years from the effective date of said State Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia, that the Southern Standard Building Code, 1969 edition with the 1972 revision thereto, the Southern Standard Plumbing Code, 1971 edition with the 1972 revision thereto, the Southern Standard Gas Code, 1969 edition with the 1972 revision thereto, and the Southern Standard Mechanical Code, 1973 edition, are as amended and adopted by this Council in substantial conformity with the proposed Uniform State Wide Building Code, and such being the case, the Council deems it in the best interest of the City that such codes remain in effect for two years from the. effective date of the State Code so as to allow an orderly transition to said State Code. BE IT FURTHER RESOLVED by the Council of the City of Virginia Beach, Virginia, that it hereby directs the Building Official to make application to the Board of State Building Code Review for a two year extension of the above-referenced building codes so as to allow a more orderly implementation of the Uniform State Wide Building Code. ITEM #5913 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 Erving 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 the Virginia Beach Plumbing Code: III ORDINANCE NO. AN ORDINANCE TO AM'ND AND REORDAIN VIRGINIA BEACH PLUMBING CODE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Plumbing Code of the City of Virginia Beach (Southern Standard Plumbing Code, 1971 edition, including 1972 revisions) is amended and reordained to read as follows: 1. Section 106.3 -=SCHEDULE OF PERMIT FEES (a) Permit Fees For issuing each permit or one fixture $5.00 In addition Each plumbing fixture, floor drain or trap 2.00 For each house sewer connection 5.00 For each house water connection 5.00 For each septic or drainfield permit 5.00 For each gas piping system 2.00 (b) Exam fees Master's exam 50.00 Journeyman's exam 25.00 Renewal fee Master 10.00 Renewal fee Journeyman 5.00 Re-examination fee 25.00 (c) Reinspection Fees 3.00 Sewer connection Fees: The sewer line connection fees shall be as are from time to time prescribed by the local governing body. Water Connection Fees: The water line connection fees shall be as are from time to time prescribed by the local governing body. Point of Connection: Building Sewers and Water Service Pipes shall connect to the Public Sewer and Water Main at a point designated by the proper Municipal Authority. 2. Section 107.2(c) Retesting: In last line delete $2.00 and insert $3.00 in lieu thereof. 3. Add Section 113 - Board of Plumbing Examiners and Appeals 113.1 Establishment; composition; appointment and term of members. There shall be a Board of Plumbing Examiners and Appeals which shall consist of the director of public health or his designated representative, the plumbing inspector, one licensed and registered master plumber holding a certificate 2. of competency as such, and one licensed and registered journeyman plumber holding a certificate of competency as such, and two citizens:not otherwise associated with the government of the City and not engaged in the plumbing trade. The master plumber and journeyman plumber appointed as members shall be appointed by the City Council, for terms of two years, from the licensed and registered master plumbers and journeyman plumbers, holding certificates of competency, regularly employed in the installation or supervision of sanitary plumbing in the City. The citizen members shall be appointed by the City Council for terms of two years. The terms of members first appointed pursuant to this section shall expire on July 31, 1975, and there- after, the terms of all members subsequently appointed shall expire at the end of two years from the effective date of their appointment. The Board of Plumbing Examiners and Appeals shall elect its own chairman. The plumbing inspector shall, ex officio, be the secretary of the Board of Plumbing Examiners and Appeals. 113.2 Compensation of appointed members. The compensation to be received by the master plumber `� and journeyman plumber appointed as the members of the board of plumbing examiners and appeals shall be five dollars for each meeting of the board attended by them; provided, however, that in no case they shall receive more than one hundred and twenty dollars each for any one year, 113.3 Powers and duties generally. The board of plumbing examiners and appeals shall have all the powers and be subject to all restrictions provided by the state law, the provisions of this Code and other ordinances of the city and shall have such other powers and perform such other duties as may be designated from time to time by the city council. 113.4 Meetings and notice thereof. The board of plumbing examiners and appeals shall meet, at such times as may be fixed by the board, for the purpose of examining those persons who have filed applications for certificates of competency as master plumbers and journeyman plumbers. Notice of any such meeting shall be given to all such applicants at least three days before the date of such meeting. 113.5 Journeyman plumber's certificate of competency. Applicants for a journeyman plumber's certificate of competency shall be examined as to their knowledge of the practice of the tr�de of plumbing. Applicants shall have served four years apprenticeship at the plumbing trade. Renewal of certifi ate of competency shall be made annually on or before the irst day of January upon payment of a renewal fee. 3. 113.6 Master plumber's certificate of competency -- Exhibition of statement from plumbing. inspector prerequisite to examination. The board of plumbing examiners and appeals shall not examine any applicant for a master plumber's certificate of competency unless such applicant shall have exhibited to the board a statement from the plumbing inspector certifying that such applicant has complied with all the requirements pertaining to such examination. Applicants for a master plumber's certificate of competency shall not be less than twenty-one years of age, citizens of the United States of America, and shall have served one year as a licensed journeyman plumber in the city under a duly registered master plumber or equivalent experience. 113.7 Examination prerequisite to grant. A master plumber's granted by the board of after an examination as 113.8 Scope of examination. certificate of competency shall be plumbing examiners and appeals, provided in section 110.8. Applicants for a master plumber's certificate of competency shall be examined as to their knowledge of the practice of the trade of plumbing, their knowledge of the regulations governing the installation of plumbing in the city and their knowledge of physics and mechanics insofar as they apply to the plumbing and designing. Such applicants shall also be examined as to their ability to lay out, plan and supervise plumbing work and they shall generally demonstrate to the board of plumbing examiners and appeals their fitness properly and intelligently to conduct the business of the master plumber in the city. 113.9 Grant and authority. Upon satisfactorily passing the requisite examination given by the board of plumbing examiners and appeals, an applicant for a master plumber's certificate of competency shall be granted a certificate as a master plumber with authority to conduct the business of plumbing in the city. 113.10 Re-examination. In case of the failure of an applicant for a master plumber's certificate of competency to pass the examination given by the board of plumbing examiners and appeals, he shall be eligible for re-examination at the next scheduled examination. Such applicant may not take more than two examinations in any twelve-month period. 4, '113.11 Renewal The holder of a certificate of competency as a master plumber, who continues in active business or occupation shall annually, on or before the first day of January renew such certificate. A renewal certificate of competency as a master plumber shall be granted upon written application, filed with the board of plumbing examiners showing that the personal qualifications of the holder of the certificate of competency in question remain unchanged, unless it is made to appear by affidavit filed with the board charging that the applicant is no longer competent or entitled to such renewal certificate, in which event the renewal certificate shall not be granted until the applicant shall have undergone the examination herein above required; provided, however, that the holder of the certificate in question shall have written notice of the filing of such affidavit and, at a meeting of the board held for the consideration of the certificate in question, shall have the right to be heard. 113.12 Effect of failure to renew within sixty days. If any certificate of competency as a master plumber is not renewed by the holder within sixty days after expiration, the plumber to whom same was issued shall not engage in business as a master plumber, nor shall a certificate of competency be issued to him until he shall have made application to, and have been examined by the board of plumbing examiners and appeals. The fee for such examination shall be the same fee provided for an original examination. 113.13 Revocation. Any certificate of competency as a master plumber may be revoked by the board of plumbing examiners and appeals at any time, upon the filing, in writing and under oath, with the board, of sufficient charges showing the holder of the certificate to be then incompetent or guilty of a wilful breach of the rules, regulations or requirements of the board or laws or ordinances relating to plumbing or upon other grounds sufficient for the revocation of the certificate in question. The holder of the certificate in question shall have written notice of such charges or grounds and, at a meeting of the board held for the consideration of such revocation, shall have the right to be heard. 4. Add Section 114 - Decisions of the Board of Plumbing Examiners and Appeals 114.1 Appe Ilate procedure. Any person taking exception to a ruling of the plumbing inspector as to the method of construction or use of materials not specifically covered in this chapter may appeal therefrom to the board of plumbing examiners and appeals, and the { 5. board may review any order or decision of the plumbing inspector relating thereto. The board shall hear the intervention of any interested person. In a specific case where there are practical difficulties of construction or arrangement in the way of carrying out the strict letter of any provision of this chapter or where there is a reasonable doubt as to the exact meaning of any section thereof, as applied to a specific case, or where unnecessary hardship would thereby result, the board may in any such specific case, after due hearing, recommend variance in the provisions of this chapter so that the intention of this chapter shall be carried out and substantial justice done. The action of the board thereon shall be final. 114.2 Fees Notice thirty (30) inspector. appeal. of appeal shall be in writing and filed within days after decision is rendered by the plumbing A fee of $25.00 shall accompany such notice of 114.3 Variations and Modifications (a) The Board of Plumbing Examiners and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this code or public interest, or when, in its opinion the interpretation of the plumbing inspector should be modified or reversed. (b) A decision of the board of plumbing examiners and appeals to vary the application of any provision of this code or to modify an order of the plumbing .inspector shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefor. 114.4 Decisions (a) Every decision of the board of plumbing examiners and appeals shall be final, subject, however, to such remedy as any aggrieved party might have at law or in equity. It shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the plumbing inspector and shall be open to public inspection; a certified copy shall be sent by mail or other- wise to the appellant and a copy shall be kept publicly posted in the office of the plumbing inspector for two weeks after filing. 6. (b) The board of plumbing examiners and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. (c) If a decision'of the Board of plumbing examiners and appeals reverses or modifies a refusal, order, or disallowance of the plumbing inspector, or varies the application of any provision of this code, the plumbing inspector shall immediately take action in accordance with such decision, First Reading: May 14, 1973 Second Reading: May 21, 1973 This ordinance shall be effective on June 1, 1973, iI I ITEM #5914 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, 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 Section 8-4 of the City Code relative to site plan requirements for building permits: 11 I Ordinance No.449 AN ORDINANCE TO AMEND AND REORDAIN SECTION 8-4 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO SITE PLAN REQUIREMENTS FOR BUILDING PERMITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 3-4 of the Code of the City of Virginia Beach is amended and reordained to read as follows: Five copies of a site plan prepared by a surveyor, engineer or other person duly authorized by the State to practice as such, shall be submitted with every application for approval, and shall contain the following information: (a) Present recorded owner of lot. (b) Owner or lot numbers of all adjacent property. (c) Boundary of the entire lot by course and distance. (d) Iron pins 3/8" in diameter and 36" in length shall be shown and installed at all lot corners, points of tangents, radii and any point of bearing along a given course of the lot to be used for the building site. (e) Type of existing surface on street, map book and page number of property in question. (f) Type of construction (brick or frame), number of floors (g) Width of all street pavements, existing right of way, pave- ment edge and curbs. (h) Location of existing easements and underground facilities, all buildings (new and existing) and their dimensions. Location and width of all sidewalks and curbs to be constructed. (i) Size of stalls, width of aisles and type of surfacing in parking areas and compliance with parking requirements. (j) The location and type of all entrances and driveways in conformity with city standards and specifications and approval of the City Engineer as to location and type of entrances and driveways. Mei (k) Location at building of sewer waste line to be connected to a septic tank or other system. Where a septic tank is proposed, the site plan must bear the approval of the Sanitary Engineer except where a recorded subdivision plat has previously been approved by the Sanitary Engineer. (1) Approval of the Planning Director and City Engineer is required on site plans for commercial, industrial and special use zones. (m) Finish floor to be a minimum of einht and one-half (8.5) feet above sea level, as established by City of Virginia Beach (and USC&GS) meati sea level datum, or two and one-half (2.5) feet above crown of. 'road, whichever is greater; unless adequate crainage is .6.*i otherwise assured. .is ordinance shall be effective June 1, 1973. Firs .`eading: May 14, 1973 Second Reading: May 21, 1973 Adopted by the Council of the City of Virginia Beach on the 21 day of May , 1973. JDB/ kg 5/16/73 ITEM #5915 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 denied the request of the Kings Grant West Swim and Racquet Club for the purchase of certain property reserved to the City for public use. To dispose of land of this nature to private groups would be in violation of the intent of the ordinance, if not the letter of the Ordinance, and also a practice of this type would endanger the City's reservation requirement. ITEM #591 6 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 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 a proposed license between the City and the U. S. Army concerning the joint use of a portion of Fort Story property as a public bathing beach, and further appropriated the sum of $10,000 to make the required improvements in this public use area. ITEM #5919 On motion by Councilman Holland, seconded by Councilman Rhodes, 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, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert H. Callis, Jr. The staff has carefully reviewed the facts that were brought outatring the recent public hearing concerning the creation of a regional recreation facility authority and the City's participation in that authority. It was determined that participation in this regional authority by the City would not be advantageous at this time, therefore, City Council authorized the City Manager to notify SVPDC that the City of Virginia Beach has chosen not to join the regional recreational authority. ITEM #5920 Councilman J. Curtis Payne requested a proposed Resolution be brought up at the next Council Meeting on June 4, 1973, regarding Cable T. V. ITEM #5921 Mayor Cromwell reminded Council that due to the legal holiday on May 28, 1973, the next Council Meeting will be June 4, 1973. ITEM #5922 Mayor Cromwell reminded Council of the Meeting Tuesday, May 22, 1973, at 7:30 p.m., regarding the Comprehensive Zoning Ordinance. ITEM #5923 Vice Mayor Ervin requested the Resolution regarding the financial disclosure of department heads of the City be brought up at the next regular meeting of City Council on June 4, 1973. ITEM #5924 Mr. Sam Houston appeared before City Council regarding the Resolution on financial disclosures by the department heads in the City of Virginia Beach. ITEM #5925 On motion by Councilman Rhodes, 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, 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 Monday, June 4, 1973, for the purpose of discussing items permitted for discussion under the Freedom of Information Act of the Commonwealth of Virginia. 1,, ITEM #5926 On motion by Councilman Gardner, seconded by Councilman Malbon, and by unanimous vote, the meeting' adjourned. Richard J. Webbon, City Clerk City of Virginia Beach, Virginia May 21, 1973 4/7e OD - t B. C Jr., ayor