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AUGUST 7, 1978 CITY OF VIRGINIA BEACI MUNICIPAL CENTER -P.@y"t @s.@t t'ity" VIRGINIA 13EACH, VIRGINIA 23456 ,MAYOR PATRICK L. STANDING, At L.,g. CLARENCE A. HOLLAND, M.D., B.y@id@ B.,@.gh VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,@ill, B.,..gh DONALD W. MERRICK, Ly@@b.@@. 8 .... gb JOHN A. BAUM, Bi.,k..i@, B.,..gb MEYERA E. OBERNDORF, At L.,g@ F. RETD ERVIN, At L.,g@ 1. CURTIS PAYNE, P,i.,@@, A-@ B...gh GEORGE R. FERRELL, At L.,g@ ROGER L. RIGGS, Vi,gi,i. B@.,b B.-.gb BARBARA M. IIENLEY, P..g. B.,..gh A G E N D A RICHARD J. WEBBON,.City Cl@lk The City Council of the City of Virginia Beach, Virginia, will assernble in the Administration Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, atl2:00 p.m., on Monday, August 7, 1978 for the purpose of con- ducting public business and will hear and act upon the following items: 1. Call to order by the Honorable Patrick L. Standing, Mayor, in the Council Conference Room. 2. Roll Call of the Council. 3. Motion to recess into Informal Discussion and Executive Session, Upon con- clusion of the Executive Session, City Council will reconvene in the City Council Chambers. 4. Invocation will be given at 2:00 p.m., by Father Paul Gaughan, Star of the Sea Catholic Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. 5. Roll Call of the Council. 6. Minutes of the Regular Meeting of July 17, 1978 to be presented for acceptance and approval. 7. All matters listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and considered separately: a. Letter from the City Manager recommending the appointment of viewers for the closure of a portion of Katie Brown Drive (Kempsville Borough). b. Letter from the City Manager recommending approval of a resolution in regard to the construction of Kempsville Road from Proviaence Roaa to Indian River Road. C. Letter from the City Manager recommending approval of an ordinance to authorize acquisition of property in fee simple for right of way for North Witchduck Road Project 2-408 and the acquisition of temporary and per- manent easements of right of way, either by agreement or by condemnation. d. Letter from the City Manager recommending approval of an ordinance to authorize the acquisition of property in fee simple for right-of-way for Gardenwood Park sewer project and the acquisition of temporary and per- manent easements of right-of-way by agreement or by condemnation. e. Letter from the City Manager recommending approval of an ordinance to authorize acquisition of property in fee simple for right of way for Pleasure House Road Phase I and the acquisition of temporary and per- manent easements of right of way, either by agreement or by condemnation. f. Letter from the City Manager recommending approval of an ordinance to authorize acquisition of property in fee simple for right of way for Holland Road Phase IV and the acquisition of temporary and permanent easements of right of way, either by agreement or by condemnation, g. Letter from the City Manager recommending the approval of the low bid of Gavco Corporation in the amount of $91,913.69 for Sherry Park, Phase II - Contract VI - Pumping Station #2 (Kempsville Borough), and authorize the City Manager to enter into the necessary agreements for the implementation of this project. Funds are available. h. Letter from the City Manager recommending approval of the attached State- Local Hospitalization contracts and authorize him to execute them on behalf of the City of Virginia Beach. i. Letter from tlie City Manager recommending approval of the following Bingo/Raffle permits: Bingo/Raffle Green Run Elementary School Parents Teachers Association (Renewal) Bingo/Raffle Princess Anne POP #8 Ladies Auxiliary (Renewal) Bingo/Raffle Davis Corner Fire Department and Rescue Squad Ladies' Auxiliary (Renewal) j. Letter from the City Manager recommending approval of tax refunds in the amount of $57.60. 8. City Council is requested to approve on second reading an ordinance appro- priating $5,589,397 for various schools, highway and engineering, buildings and parks and recreation projects (Revenue Sharing Allocations). Approved on first reading on July 10, 1978. 9. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the petition of Cameron A. Munden, etal., for changes of zoning from AG-1 Agricultrual District to B-2 Community-Business District on a one-acre parcel, and from AG-1 Agricultural District to R-8 Residential District on a 9.7 acre parcel. (Princess Anne Borough). This item was deferred from July 17, 1978. 10. Letter from the City Manager transm-itting the recommendation of the Planning Commission for approval of the petition of Coite B. Rudacil and Robert C. Sewell for a change of zoning from R-4 Residential District to A-2 Apartment District on a 2.077 acre parcel located on the north side of Wishart Road, east of Independence Boulevard (Bayside Borough). This item was deferred from June 26. 1978. 11. Letter from the City Manager transmitting the recommendation of the Planning Commission and the viewers that subject to certain conditions closure of a 16.32 foot wide portion of Great Neck Road will not result in public incon- venience. from the Citv Manaaer recommendinu aduroval of a resolution sunnortina 12. Letter for southeastern the selection of Lake Gaston as the iona-ranae water source CT that Virainia Beach will continue to exolore Virainia with the understandin in the interim until the Lake Gaston source other more exdedient alternatives becomes available. 13. Letter from the City Manager recommending approval of an ordinance to accept a grant totalling $21,429 fron the Division of justice and Crime Prevention and to appropriate these funds. Letter from the City Manager recommending approval of an ordinance to amend 14. Section 207 of the Code of the City of Virginia Beach, Virginia, related tO regular Council meetings; when and where held. 15. Letter from the City Manager recommending approval of an ordinance to amend and reordain Sections 5-5, 5-14, 5-43, 6-8.1, 6-16.1, 6-25, 7-27, 16-17, 16-18, 16-19, 17-3, 17-32, 19-25 ,22-77, 23-2, 23-48.1, 23-48.1.1, 23-60, 23-61.1, 23-61.2, 32-55, 32-56 and 38-4 of the Code of the City of Virginia Beach, Virginia@ concerning the difficulties in failure to appear warrants for dogs running at lar@e,. 16. Old business, deferred r th. previous meeting including any report of the Mayor or Committees named by Council. 17. New business, including any presentations by Council Members, Citizens and Organizations. a. Appointments and/or reappointments of the Virginia Beach Development Authority. b. Residents from the Groveland Park will appear before City Council in regard to the waiver of sidewalks in their area. 18. Motion for adjournment. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA August 7, 1978 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mavor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, August 7, 1978, at 12:00 Noon. Council Members Dresent: John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henlev, Clarence A. Holland, Vice Mavor J. Henrv McCov, Jr., Donald W. Merrick, Councilwoman Mevera E. Oberndorf, Roger L. Riggs, and Mavor Patrick L. Standing Council Members absent: J. Curtis Pavne* ITEM #12502 Mayor Standing entertained a motion to permit Council to conduct an informal meeting to be followed by an executive session for the pur- pose of discussing the following: 1. Discussion or consideration of emplovment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property 2. Consultation with legal counsel and briefing by staff members, consultants, or attorneys per- taining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Councilman Ferrell, seconded by Vice Mayor McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman J. Curtis Payne City Council voted to proceed into the executive session following the informal discussion. *Councilman Payne entered meeting at 12:05 p.m. ITEM #12503 Mr. James Borberg, Acting Director, Hampton Roads Sanitation District, appeared before Council at the informal meeting regarding the Atlantic Treatment Plant. Mr. Borberg stated that HRSD receives no revenue from taxes, revenue comes from services to the customers. There are nine plants serving approximately one million people, and the budget is currently $22 Million. The Atlantic plant is required no later then 1983, and the plans have been completed for over 2 years. HRSD is in the process of trying to get funding for this project. ITEM #12504 The City Manager indicated that Thomas C. Broyles, Attorney, has re- quested the petition of Corporate Designs for a change of zoning from R-6 Residential District to 0-1 Office District be brought back before Council for reconsideration at the meeting of August 28, 1978. The proper deed restrictions have been recorded and the parties in question have resolved their differences. TTEM #12505 The City Manager stated that if Council will recall several residents of Wildwood Drive appeared before Council regarding the mandatory hook- up to the City's water lines. The City Manager informed Council that due to the number of residents who have indicated they did not wish to hook up to the lines, and due to the fact that it is only a 19 lot subdivision, they will not have to hook up to the City's lines, and it can be handled administratively. ITEM #12506 Vice Mayor McCoy requested input from Council with regards to the possibility of limiting the real estate tax rate to 1% of assessed value. Councilman Ferrell stated that the City should reduce the tax rate in order to offset increases. Councilman Holland asked how this would affect the City's bond rating insofar as the City obtaining a Triple A rating. The City Manager stated that there are many factors which contribute to a bond rating, and much depends on the services a municipality is able to provide and the ability to provide services at the lowest possible cost. ITEM #12507 The City Manager informed Council that the date of the Municipal League meeting, to be held in Norfolk, coincides with the date of a Council meeting in September, and requested that Council change the date of the meeting to permit them to attend the Municipal League meeting. This will be voted on in the formal session. ITEM #12508 The City Manager stated he will need Council's approval to hire a Traffic Engineer. The salary is over $16,000, and the pay range of 56. ITEM #12509 Councilwoman Oberndorf stated that County/Kempsville Utilities will go before the State Corporation Commission to request an increase in their rates. The amount of which will be $30.00 a quarter. Councilwoman Oberndorf stated she requested the City Attorney to aid her in preparing an ordinance to be forwarded to the State Corporation Commission, which will be brought up for a vote in the formal session. Councilwoman Oberndorf requested the following: 1. Notification of all customers of the proposed rate increase. 2. Direct the City Attorney to intervene on behalf of the citizens of Virginia Beach. 3. Hire experts in the utilities field to aid in the defense. 81 71 78 ITEM #12510 At 2:15 p.m., City Council reconvened in the Council Chambers with the following Members present: John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Member absent: Donald W. Merrick* The invocation was given by the Father Paul Gaughan, Star of the Sea Catholic Church, followed by the Pledge of Allegiance. ITEM #12511 On motion by Councilman Ferrell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: Councilman Donald W. Merrick City Council voted to approve the minutes of the regular meeting of July 17, 1978, with a correction to item #12475, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy: Item #11475 should read trailer, not trailers. ITEM #12512 f Councilman Merrick entered meeting at 2:20 p.m. On motion by Vice Ilayor McCoy, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following ordinance for the appointment of viewers for the closure of a portion of Katie Brown Drive, in the Kempsville Borough: ORDINANCE APPOINTING VIEWERS WHEREAS, William H. Webster, Jr. has given due and proper notice, inaccordance with the statutes for such cases made and provided that they will on the 7th day of August, 1978, apply to the City Council of the City of Virginia Beach, Virginia, for the appoint- ment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discon- tinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert, Director of Public Works George E. Tinnes, Assistant to the City Manager and Robert J. Scott, Planning Director are hereby appointed to view the below described property and report in writ- ing to the Planning Commission within 30 days whether in their opinion, any, and if any, what inconvenience would result in the discontinuing@and vacating- of a portion of thzat certain street of variable width located iii the City of Virginia Beach, V'@rginia, and more particularly described as follows: Katie Brown Drive beginning at a point on the southeastern edge of the existing cul-de-sac, wiiicia point is located at the intersection of the exi@-ting cul-de-sac at the northeastern end of Katie Brown Drive and the previous cul-de-sac that existed prior to the iriterruption by the Norfolk-Virginia Beach Toll Road. This point falls along the existing cul-de-sac J-3.9 feet in a northeastern di- rection from the property l.ine between Parcel E and Parcel A. From said point of beginning running along a curve to the left of the previous cul-de-sac in an eastern to a northeastern direct@-on iiaving a radius of 50 feet, an arc distance of 76.i4 feet, a delta of 87015'171, and a tangent of 47.66 feet to a point; thence along a curve to the left of the right of way of the Norfolk-Virginia Beach To@A.1 Road in a northwestern direction having a radius of 1959.72 feet, an arc distance of 77.83 feet, a delta of 010c)@/'341' and a tangent of 38.9! feet to a point; and thence along a curve to the right of the existing cul-de-sac in a southern direction having a radius of 50 feet, and arc distance of 72-50 feet,a.delta of 830041271, aiid a tangent of 44.29 feet to the point of beginning. (Portion to be vacated is de- signated as .0558 acres on the below described plat) All the above as shown upon that certain plat entitled, "Plat Show- ing Shaded Portion of Katie Brown Drive to be Closed East of the End of the Cul-de-sac Terminated by the Norfolk-Virginia Beach Toll Road for William H. Webster, Jr., Kempsville Borough, Virginia Beach, Virginia,,, which plat is attached hereto and made a part hereof ahd intended to be recorded with the Ordinance closing the afore- described street. ITEM #12513 On motion by Vice Mayor McCoy, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following resolution in regards to the construction of Kempsville Road from Provid,,ce Road t, Indian River Road: R E S 0 L U T I 0 N WHERAS, the Virginia Department of Highways and Transportation has indicated its willingness to initiate the improvement of Kempsville Road - Phase I in the City of Virginia Beach; and WHEREAS, the comtemplated improvement is urgently needed and is in consonance with the Southeastern Regional Master Trlnsportation Plan. NOW, THEREFORE, BE IT RESOIVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the Virginia Department of Highways and Transportation is hereby requested to program the construction of the improvement of Kempsville Road - Phase I from its intersection with existing Providence Road to and including its intersection with Indian River Road and the transitions to False Cape Parkway. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay ten percent (10%) of the construction cost of said project, and one hundred percent (100%) of the engineering design, right of way acquisition and ten percent (10%) of the Utility relocation costs and adjustment of said project, according to Highway Department Policy, and the necessary funds will be appropriated for these purposes.' AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees that if such project is established and Virginia Beach decides at any time not to proceed further with it, then, by this resolution, Virginia Beach agrees to reimburse the Highway Department for one hundred percent (100%) of the cost incurred for said project, up to the time of its abandonment. Adopted on August 7, 1973 ITEM #12514 On motion by Vice Mayor McCoy, seconded by Councilman Riggs, and by recorded vote as foilows. Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following ordinance to authorize acquisition of property in fee simple for right of way for North Witchduck Road Project 2-408, and the acquisition of temporary and permanent easements of right of way, either by agreement or condemnation: AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR NORTH WITCHDUCK ROAD PROJECT 2-408 AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the iconstruction bf this important roadway to provide transportation and for other public purposes for the preservation of the safety, :health, peace, good order, comfort, convenience, moral and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE @@CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney and/or Deputy City lAttorney is hereby authorized and directed to acquire by purchase i,or condemnation pursuant to Section 15.1-236 et seq. and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and v,@ Permanent easements of right of way as shown on the plans ntitled, Witchduck Road UOOO-134-109 R/W 201, these plans being n file in the Office of Real Estate Department of Public Works, irginia Beach, Virginia. Section 2. That the City Attorney and/or Deputy City @Attorney is hereby authorized to make or cause to be made in behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney @and/or Deputy City Attorney is hereby authorized to institute 'proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. ITEM #12515 On mation by Vi,ce Mayor McCoy, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following ordinance to authorize acquisition of property in fee simple for right of way for Gardenwood Park sewer project and the acquisition of temporary and permanent easements of right of way by agreement or by condemnation: AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WXY FOR GARDENWOOD PARK SEWER PROJECT AND TUE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-WAY BY AGREEMENT OR BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction and installation of Gardenwood Park Sewer Project for the preservation of the safety, health, peace, good order, convenience, moral and welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGINIA: Section 1. That the City Attorney is hereby authorized to acquire by purchase or condemnation, pursuant to Section 15.1-235, et seq, and Section 33.1-89 et seq, Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right-of-way as shown on the plans, entitled, "PROJECT 76-8 SANITARY SEWERAGE FACILITIES GARDENWOOD PARK," as prepared by Langley and McDonald, Engineers-Planners-Surveyors, Virginia Beach, Virginia, and on file in the office of Real Estate, Department of Public works, Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach a reasonable offer to the owners or persons having an interest to said land, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in full force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 7 AP-,R6@LD A@JO CONTENTS day of @u 1978 1-1 ITEM #12516 On motion by Vice Mayor McCoy, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following ordinance to authorize acquisition of property in fee simple for right of way for Pleasure House Road Phase I, and the acquisition of temporary and permanent easements of right of way, either by agrement or by condemnation: AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR PLEASURE [IOUSE ROAD PHASE I AND TSE ACQUISITION OF i TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of ,'Virginia Beach, Virginia, a public necessity exists for the ,[construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety li,ihealth, peace, good order, comfort, convenience, moral and foz @@the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney and/or Deputy City Attorney is hereby authorized and directed to acquire by purchase i;or condemnation pursuant to Section 15.1-236 et seq. and Section et seq., Code of Virginia of 1950, as amended, all that ,certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plans ientitled, PLEASURE HOUSE ROAD PHASE I from Independence Boulevard to Northampton Boulevard, these plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. z Section 2. That the City Attorney and/or Deputy City 0 'Attorney is hereby authorized to fnake or cause to be made in l@behalf of the City of Virginia Beach, to the extent that. flind@, lo' are available, a reasonable offer to the c)wners@ c)r p(,rE;Ons, having an interest in said lands, if refused, the City Attorney > and/or Deputy City Attbrney is hereby authorized to institute 0 proceedings to condemn said property. Section 3. That an emergency is hereby -declared to exist and this ordinance shall be in force and effect from the date of its adoption. ITEM #12517 0. ..ti.. by Vi@- M@y., M@c.y, ..@..d@d by c .... il... Rigg., ..d by @.@.@d@d v.t@ .. f.11... Ay@@: C ... J.h. A. B.@., F. R@id E-i., @.@g@ R. F.-@ll, C ... B.@b.@. M. H@.l@y,Cl.@..@. A. H.1i..d, Vi@@ M.y.@ J. B..ry M@C.y, J@., D ... ld W. M@,@i@k, C ... M.y@l. E. Ob.@.do@f, J. C.@ti. P@y@., R.g.@ L. Rigg., ..d M.y.@ P.t@i.k L. st..di.g N.y.; N..@ Ab ... t: N... city C.@.@il @.t@d t. Pp@.@@ th. f.1l..i.g .@di ..... t. ..th.@i.@ ..q.i.iti.. f pr.p@@ty i. f.@ i.pl@ f.@ @ight f w.y f.@ R.1l..d R..d Ph... IV ..d th@ .@q.i.iti.. f t@.P.@.@y ..d P.@.....t t. f @ight f ..y, @ith.@ by by AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR HOLLAND ROAD PHASE IV AND THE ACQUISITION 06 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, i. the Opini,, If th, C"llil of the City of Virginia Beach, Vi@ginil, @ @bli, n.cessity ..ists fo, th, c.nst@uctio@ f this imPO@t.@t lo@d.ay t- P@ovid. t,.nsp.@tati.@ and for other public purp,@,@ f,r the pr.s.rv.ti.. of th. s-fety, health, Peac., good order, CO.fort, Convenience, MOral @nd fOr the elfare of the People in the City Of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY TIJE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sectio. 1. That the City AttOr@ey and/Or Dep,ty City Attor.ey is hereby a.thori.ed and directed to acquire by p.rchase or cond..nation pursuant tO Se,ti,n 15.1-236 et -eq. and Secti,, 33.1-89 et seq., C.de of Virgini. of 1950, 11 @l,nd,d, II th@t certain real property in fee SiMple, includi.g temporary a@d perm..e.t ea-ement@ of right Or Way a. ho.n .. the plan. entitled, Holland Road PhaSe IV FrO- 0.061 miles South of Lynnhaven P.rkway to 0.153 Miles South of LandStoWn Road, these plans being on file in the Offi@e Of Real EState Departm.nt of P.blic Works, Virginia Bea@h, Virginia. SeCtion 2. That th. City Attorney @nd/.r D.Puty City Attorney is hereby authorilld tO make @, c.us. to be m@d@ i@ behalf of the City of Virginia Beach, to the extent that fu.ds ar. a,ailabl., a reasonable off@, to th. o@n.rs or pers@n@ ha@ing a. i.ter.st in said lands, if r.fus.d, the City Attorn.y and/or Deputy City Attorney is her.by authori.ed t. in.tit,t, proceedings to condemn said property. Section 3. That a@ emergency is hereby declared to ..ist and this rdina.@e shall be in f.rce and effect from the date of its adoption. Adopt@d by the Cou.cil of th. City of Virginia B.ach, Virginia, on the 7tb day of A.g..t , 19 78 ITEM #12518 The following bids have been received for Sherry Park, Phase II - Contract VI - Pumping Station #2: Gavco Corporation $ 91,913.69 Crowder Contracting Company, Inc. 107,700.00 Luke Construction Company, Inc. 107,730.00 Engineer's Estimate $ 80,000.00 On motion by Vice Mayor McCoy, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Renry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the low bid of Gavco Corporation, in the amount of $91,913.69 for Sherry Park, Phase II - Contract VI - Pumping Station #2, in the Kempsville Borough; and further voted to authorize the City Manager to execute the necessary agreements for the implement- ation of this project. Funds are available. ITEM #12519 On motion by Vice Mayor McCoy, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following State/Local Hospitalization contracts. As Council is aware, the State pays 50% of the cost, with the municipality paying the remaining 50%: 1977-1978 1978-1979 Bayside Hospital $131.28 $144.65 Chesapeake General Hospital 131.27 147.71 Children's Hospital of the King's Daughters 131.28 163.85 DePaul Hospital 131.98 153.87 General Hospital of Virginia Beach 127.22 147.22 Hampton General Hospital 109.80 133.23 Louise Obici Memorial Hospital 100.50 112.07 Maryview Hospital 113.26 138.80 Medical College of Virginia 135.77 153.20 AN ORDIN'ANCE AUfl[OL@IZI.@@G TAX L(EFU'IIDS Date7-1,4-78 UPO',i APPLICATION OF CERTAT@L PERSONS AND UPON CERTIFICATIO',I OF TtlE TR@U@UR --- F-OR--PA)(I-LENT-- OF ViRGiNI-A BEACH VIRGIIirA- -Y BE IT OUAIV,,ED BY THt COU@NCICL OF TI[E CIT ---T ae-t h helf-ollowing-apolicatioas7for :tax refunds upoa cert+/-X:Lcation of the Treasurer are hereby approved: Totaling $ 57.60 TAX TYPE TICKET EXOI;EELk- D-%7L E YEAP, OF TAX 1\@LLBER TION NO. PAID PEN'ALTY INT. TOTAL Lawson, Albert S. 1978 PP' 54474 5-24-78 35.10 P. K. &J. T. Wagner 1978 CD 86264 7-5-78' 15.00 Larry G. Wood 1978 CD 26562 1-9-78 7.50 JL The 2bove abatement(s) totaling CerAified as tO Payrlnt; $50.70 were approved by the Council of the City of Virginia Beach on the 7 day of .9 t form: Ric'hard J. rk y ITEM #12522 On motion by Councilman Merrick, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, P. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve on second reading the following ordinance appropriating Five Million, Five Hundred Eighty-Nine Thousand, Three Hundred Ninety-Seven Dollars ($5,589,397.) for various schools, highway and engineering, buildings and parks and recreation projects: Norfolk Community Hospital $ 90.87 $ 99.63 Portsmouth General Hospital 119.06 133.34 Riverside Hospital 101.24 114.40 University of Virginia 135.77 153.20 Virginia Beach Department of Public Health (Clinic Only 1 2 . 0 0 12. 00 per visit All clinic rates are 1 2 . 0 0 12 . 00 per visit ITEM #12520 On motion by Vice Mayor McCoy, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following renewal Bingo/Raffle permits: Green Run Elementary School Parents Teachers Association Bingo/Raffle Princess Anne FOP #8 Ladies' Auxiliary Bingo/Raffle Davis Corner Fire Department and Rescue Squad Ladies' Auxiliary Bingo/Raffle ITEM #12521 On motion by Vice Mayor McCoy, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following tax refunds in the amount of $57.60: AN ORDIT,ANCE AUTIIORIZU@G TAX REF(J';DS Date7-1-4-78 UPOi4 APPLICATION OF CERTATZI PERSONS AND UPON CERTIFICATIO',Q 01-' TEIE TR@URER FOR PA)II-LEtiT-- @BE IT OIWAID,'ED@ BY THt COU@QCIL OF TEIF, CTT-Y OF VIRC;TNR-A BEACti, VIRGINTA: I-lowing a@plications-for7tax refunds u@ ac-e@t@:Lcation of the Treasurer are hereby approved: 57.60 TAX. TYPE TICKET EXOI;EELK- D-K-IF YEAR OF TAX @LLBER TION NO. PAID PENALTY INT. TOTAL Lawson, Albert S. 1978 PP 54474 5-24-78 35.10 P.-K. &J. T. Wagner 1978 CD 86264 7-5-78- 15.00 ..Lar.ry G. Wood 1978 CD 26562 1-9-78 7.50 The above abatemeat(s) totaling CerAified as to paymgnt; '$50.70 were approved by the Council of the City of Virginia Beach on the 7 day of -3 t form- Ricliard J. W@bon, Cicy Clerk @J.@ale ti@on, City Attorney ITEM #12522 On motion by Councilman Merrick, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Couneilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Hetiry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve on second reading the following ordinance' appropriating Five Million, Five Hundred Eighty-Nine Thousand, Three Hundred Ninety-Seven Dollars ($5,589,397.) for various schools, highway and engineering, buildings and parks and recreation projects: AN ORDINANCE APPROPRIATING FIVE MILLION, FIVE HUNDRED EIGHTY-NINE THOUSAND, THREE HUNDRED NINETY-SEVEN DOLLARS ($5,589,397) FOR VARIOUS SCHOOLS, HIGHWAY AND ENGINEERING, BUILDINGS AND PARKS AND RECREATION PROJECTS (REVENUE SHARING ALLOCATIONS) WHEREAS, the City Council is interested, due to continued growth, in providing needed Schools, Highway and Engineering, Buildings, and Parks and Recreation capital projects and, WHEREAS, IT IS ANTICIPATED THAT THE City will receive from Federal Revenue Sharing Funds $5,589,397 for the 10th entitlement period, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds to be made available under the Revenue Sharing Program (State and Local Fiscal Assistance Act of 1973 amended) for the periods October 1, 1978 through September 30, 1979 be appropriated as follows: SCHOOLS $ 1,687,207 To include: Green Run High School ENGINEERING AND HIGHWAYS 3,240,930 To include: Great Neck Road-Phase 1, Birdneck Road- Phase I, Canal #2, Princess Anne Road-Phases I, II, and 111, North Plaza Trail, North Witchduck Road, Lynnhaven Parkway-Phase III, Holland Swamp Road- Phase II, First Colonial Road-Phase 11, Dredging Eastern Branch of Lynnhaven River, Indian River Road/ Kempsville Road Intersection, Kempsville Road-Phase I, South Boulevard, Salem Road Bridge, Stumpy Lake Drainage and Outfall, Chesapeake Beach Drainage, Independence Boulevard-Phase 1, Diamond Lake Estate Storm Drainage, Lake Pembroke Spillway. BUILDINGS 607,863 To include: Addition to Administration Building, Operations Building, Branch Library-Nineteenth and Arctic. PARKS AND RECREATION 53,397 To include: Lynnhaven Park TOTAL BUDGET $ 5,589,397 First Reading: JuTy 10, 1978 Second Reading: Au@ust 7, 1978 Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of Au.,ust 1978. ITEM #12523 Petition of Cameron A. Munden, ETALS, for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community-Business Distri t on certain property located on the West side of Oceana Boulevard, beginning at a point 1500 feet South of Harpers Road, running a distance of 239.95 feet along the West side of Oceana Boulevard, running a distance of 200.45 feet along the Southern property line, running a distance of 210 feet more or less along the Western property line and running a distance of 196.45 feet along the Northern property line. Said parcel contains I acre. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance and Subdivision Ordinance. 2. City water and sewer will be required. 3. The developer must provide gravity sewer, pump station, and water to this site by extending the water line from False Cape Parkway or the Forest Hill Subdivision. 4. Participation in the installation of traffic signals and other traffic control measures is required. 5. Improvements on Oceana Boulevard will be necessary; this includes pavement widening, curb and gutter, sidewalk, and drainage facili- ties. 6. The necessary downstream drainage improvements and easements will be required. And further subject to the following condition prior to the change on the official zoning map: A dedication of right-of-way 40 feet from the centerline of the existing 50 foot right-of-way and a reservation of an additional 5 feet along the 239.95 foot frontage on Oceana Boulevard (a 15-foot dedication and a 5-foot reservation). eir . ii. ialv in bpa iii, l@L @01:11.y I :Lp I:US CII LCU L tie PL L@t@orlur Lieutenant Commander Jackson, NAS Oceana, appeared in opposition Councilman Payne made a motion, seconded by Councilman Baum, to approve the following ordinance upon petition of Cameron A. Munden, ETALS, for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community-Business District. The recorded vote is as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: Councilmen F. Reid Ervin, Councilwoman Barbara M. Henley, Donald W. Merrick, and Councilwoman Meyera E. Oberndorf Absent: None City Council voted to approve the following ordinance upon petition of Cameron A. Munden, ETALS, for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community-Business District: ORDINANCE UPON PETITION OF CAMERON A. MUNDEN, ETALS, Z0878369 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District TO B-2 Community-Business District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Cameron A. Mumden, ETALS, for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community-Business District on certain property located on the West side of Oceana BO,l,,ard, beginning at a point 1500 feet Soth of Harpers Road, running a distance of 239.95 feet along the West side of Oceana Boulevard, running a distance of 200.45 feet along the Southern property line, running a distance of 210 feet more or less along the Western property line and running a distance of 196.45 feet along the Northern property line. Said parcel contains 1 acre. Princess Anne Borough. Approval of this request is subject to the following conditions in con- junction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance and Subdivision Ordinance. 2. City water and sewer will be required. 3. The developer must provide gravity sewer, pump station, and water to this site. 4. Participation in the installation of traffic signals and other traffic Control measures is required. 5. Improvements on Oceana Boulevard ill be necessary; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 6. The necessary downstream drainage improvements and easements will be required. And further subject to the following condition prior to the change on the official zoning map: 1. A dedication of right-of-way 40 feet from the Centerlin, of the existing 50 foot right-of-way and a reserv,tion f an additional 5 feet along the 239.95 foot frontage on Oceana Boulevard (a 15-foot dedicati,,n a,d a 5-foot reservation). This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, ITEM #12524 Petition of Cameron A. Munden, ETALS, for a Chan@e of = District Classification from AG-1 Agricultural District to R 8 Resi District on certain property located 196.45 feet West of Oceana Boulevard beginning at a point 1400 feet more or less South of Harpers Road, running a distance of 732.06 feet along the Eastern property line, running a distance of 220.29 feet in a Southwesterly direction, running a distance of 210.94 feet in a Southeasterly direction, running a distance of 477.61 feet along the Southern property line, running a distance of 892.01 feet along the Western property line and running a distance of 339.82 feet along the Northern property line. Said parcel contains 9.7 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance and Subdivision Ordinance. 2. City water and sewer will be required. 3. The developer must provide gravity sewer, pump station, and water to this site by extending the water line from False Cape Parkway or the Forest Hill Subdivision. 4., Participation in the installation of traffic signals and other traffic control measures is required. 5. Improvements on Oceana Boulevard will be necessary; this includes pavement widening, curb and gutter, sidewalk, and drainage facili- ties. 6. The necessary downstream drainage improvements and easements will be required. And further subject to the following condition prior to the change on the official zoning map: A dedication of right-of-way 40 feet from the centerline of the existing 50 foot right-of-way and a reservation of an additional 5 feet along the 239.95 foot frontage on Oceana Boulevard (a 15-foot dedication and a 5-foot reservation). Lieutenant Commander Jackson, NAS Oceana, appeared in opposition Councilman Payne made a motion, seconded by Councilman Baum, to approve the following ordinance upon petition of Cameron A. Munden, ETALS, for a Change of ZoninR District Classification from AG-1 Agricultural District to R-8 Residential District. The recorded vote is as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. StarLding. Nays: Councilmen F. Reid Ervin, Councilwoman Barbara M. Henley, Donald W. Merrick, and Councilwoman Meyera E. Oberndorf Absent: None City Council voted to approve the following ordinance upon petition of Cameron A. Munden, ETALS, for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District: ORDINANCE UPON PETITION OF CAMERON A. MUNDEN, ETALS, Z0878370 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District TO R-8 Residential District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Cameron A. Munden, ETALS, for a Change of ZoninR District Classification from AG-1 Agricultural District to R-8 Residential Dis- trict on certain property located 196.45 feet West of Oceana Boulevard beginning at a point 1400 feet more or less South of Harpers Road, runn- ing a distance of 732.06 feet along the Eastern property line, running a distance of 220.29 feet in a Southwesterly direction, running a distance of 210.94 feet in a Southeasterly direction, running a distance of 477.61 feet along the Southern property line, running a distance of 892.01 feet along the Western property line and running a distance of 339.82 feet along the Northern property line. Said parcel contains 9.7 acres. Princess Anne Borough. Approval of this request is subject to the following conditions in con- junction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance and Subdivision Ordinance. 2. City water and sewer will be required. 3. The developer must provide gravity sewer, pump station, and water to this site. 4. Participation in the installation of traffic signals and other traffic control measures is required. 5. Improvements on Oceana Boulevard will be necessary; this includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 6. The necessary downstream drainage improvements and easements will be required. And further subject to the following condition prior to the change on the official zoning map: 1. A dedication of right-of-way 40 feet from the center- line of the existing 50 foot right-.f-way and a re- servation of an additional 5 feet along the 239.95 foot frontage on Oceana Boulevard (a 15-foot dedi,ation and a 5 foot reservation). This ordinance shall be effective upon date of adoption. Adopted by the Council of the City -f Virginia Beach, Virginia, on the 7th day of ust , 1978. ITEM #12525 Petition of Coite B. Rudacil and Robert C. Sewell for a Change of Zoninq District Classification from R-4 Residential District to A-2 Apartment District on certain property located on the North side of Wishart Road beginning at a point 420 feet more or less East of Indep6ndence Boulevard, running a distance of 291.30 feet along the North side of Wishart Road, running a distance of 77.75 feet in a Northerly direction, running a distance of 70.80 feet in a Northwesterly direction, running a distance of 101.45 feet in an Easterly direction, running a distance of 150 feet in a Northerly direction, running a distance of 39.20 feet in a Northwesterly direction, running a distance of 120.60 feet in a Northeasterly direction, running a distance of 159.96 feet along the Northern property line and running a distance of 600.71 feet along the Western property line. Said parcel contains 2.077 acres. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to approve this request with a modification to R-9 Residential District, subject to the following conditions: In conjunction with the intended use of the land, the following conditions will be met: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer wiII be required at the time of site plan review. 3. A sewage pump station is required. 4. Right-of-way- improvements are necessary along Wishart Road, which includes pavement widening, curb and gutter, sidewalk, and drainage facilities. 5. The necessary downstream drainage improvements and easements will be required. Prior to the change of the official zoning map, the following condition will be met: 1. A dedication of right-of-way 30 feet from the centerline of the existing 30 foot right-of-way along the 291.30 foot frontage on Wishart Road (a 15 foot dedication). Mr. H. Calvin Spain, Attorney, represented the petitioner Councilman Holland made a motion, seconded by Councilman Ferrell, to defer until September 11, 1978, the above petition of Coite B. Rudacil and Robert C. Sewell for a Change of Zoning District Classification from R-4 Residential District to A-2 Apartment District. The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and @layor Patrick L. Standing Nays: None Absent: None City Council voted to defer until September 11, 1978, the above petition of Coite B. Rudacil and Robert C. Sewell for a Classification from R-4 Residential District to A-2 Apartment District on certain property located on the North side of Wishart Road beginning at a point 420 feet more or less East of Independence Boulevard, running a dis- tance of 291.30 feet along the North side of Wishart Road, running a dis- tance of 77.75 feet in a Northerly direction, running a distance of 70.80 feet in a Northwesterly direction, running a distance of 101.45 feet in an Easterly direction, running a distance of 150 feet in a Northerly direction, running a distance of 39.20 feet in a Northwesterly direction, running a distance of 120.60 feet in a Northeasterly direction, running a distance of 159.96 feet along the Northern property line and running a distance of 600.71 feet along the Western property line. Said parcel contains 2.077 acres. Bayside Borough. ITEM #12526 C... M.@@i@k ..@..d.d by C.... il... li.1l..d, t. pp@.@. th. f.11.@i.g 16.32-f..t id. p.@ti.. f G@@.t N.@k R..d, di- @tly dj..@.t t. Vi@gi.i. B@..h Ch@i.ti.. Ch.@.h. Th@ @@@.@d@d .t@ i. .@ f.11@..: Ay.. : J.h. A. B..., F. R.id E-i., G . . . g. R. F.@@@ll, C.... il@.... B.@b.@@ M. H@.I.y, Cl.@.@@. A. il.1l..d, Vi@@ M.y.@ J. H@.@y M@C.y, J@., D... Id W. M ... i@k, C...@ilw.... M@y@,. E. Ob@@.d.@f, J. C.@,i. P.y.@, R.g@@ L. Rigg@, ..d M.y., P.t@i.k L. St..di.g N.y. : N..@ Ab ... t: N... City C ... @il @.t@d t. Pp@.v. th. f.1l..i.g .@di ... @l.@i.g, @.@.ti.g ..d di .... ti..i.g . p.@ti.. f G@@.t N.@k R..d, City .f Vi@gi.i. B@..h, Vi@gi.i.: Atl ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTIM OF GREAT NECK ROAD, CITY OF VIRGINIA BEACH, VIRGINIA. WHEREAS, proper notice that the City of Virginia Beach, would make appliCatiOn to the City Council of the City of Virginia Beach, Virgina, to have the hereinafter portion of Great Neck Road closed, vacated and discon- tinued as a public road of the City of Virginia Beach was duly posted at the Courthouse of the Circuit Court ind at two public places in the City of Virginia Beach, Virginia on the_ day of , 19-. WHEREAS, the land proprietors affected thereby have been duly notified; and, WHEREAS, said application was made to the City Planning Cmmission and to the City Council and pursuant to the statutes in such cases made and provided, the Council appointed Vie@rs who have reported to the C@ouncil that no inconvenience to the public or to private individuals would result frm such closing, vacation and discontinuance; and WHEREAS, the City Planning Commission after proper notice and hearing, has reported thereon to the Council; and WHEREAS, it is the judgment of the Council that said portion of Great Neck Road should be closed, vacated and discontinued; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the certain portion of Great Neck Road described as follows in the City of Virginia Beach is hereby closed, vacated and discontinued as a public road of the City of Virginia Beach, said portion of road not being needed for public @se and travel. All that certain portion of Great Neck Road containing 0.103 acre of surplus right-of-way, as is shown and designated by the shaded area on that certain plat entitled, "Plat Showinci Surpl.s Right Of Way To Be Conveyed To The Virginia Beach Christian Church By The City Of Virginia Beach, Vi,gi@ia, Scale 1" = 50', April 10, 1978, Engineering Division, Depart- ment Of Public t-lorks, City of Virginia Beach, Virginia," and is on file in the Department of Public Works, Real Estate Division of the City of Virainia Beach. 2. That 30 days after this date a copy of this Ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of the City of Virginia Beach and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach on the 7th day of A.g..t , 1978. ORDINANCE APPOINTING VIEWERS FOR CLOSING, VACATING AND DISCONTINUING A PORTION OF GREAT NECK ROAD, CITY OF VIRGINIA BEACH, VIRGINIA. WHEREAS, the City of Virginia Beach has given due and proper Notice, in accord with the statutes for such cases made and provided, that it would, on this day, apply to the City Council of the City of Virainia Beach, Virginia, for the Appointment of Viewers to view the below described property, and report in writing to the Council whether, in the opinion of said viewers, any, and if any, what inconveniences would result from the discontinuing of the hereinafter described portion of Great Neck Road situate in the City of Virginia Beach, Virginia, and has filed such application with said Council; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That C. Oral Lambert George E. Tinnes and obert i 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 discontinuing, closing and vacating of that certain portion of Great Neck Road situate in the City of Virainia Beach, Virginia and described as follows: All that certain portion of Great Neck Road containing 0.103 acre of surplus right-of-way, as is shown and designated by the shaded area on that certain plat entitled, "Plat Showing Surplus Right of Way To Be Conveyed To The Virginia Beach Christian Church By The City of Virginia Beach, Virginia, Scale: 1" = 50', April 10, 1978, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia," and is on file in the Department of Public Works, Real Estate Division of the City of Virginia Beach, Virginia Adopted by the Council of the City of Virginia Beach, Virginia, on the 7_ day of August 19 7 8. MES:kg 5/1/78 discontinuing of this portion of said road. 3. That on the day of 19-, notices of the ITEM #12527 Councilman Ervin made a motion, seconded by Councilwoman Oberndorf, to approve the following resolution supporting the selection of Lake Gaston as the long-range water source for southeastern Virginia with the under- standing that Virginia Beach will continue to explore other more expedient alternatives in the interim until the Lake Gaston source becomes available. The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Ilolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to adopt the following resolution supporting the selection of Lake Gaston as the long-range water source for south- eastern Virginia with the understanding that Virginia Beach will continue to explore other more expedient alternatives in the interim until the Lake Gaston source becomes available: R E S 0 L U T i 0 N WHEREAS, the Southeastern Public Service Authority, which includes Virginia Beach, has been pursuing an adequate source of potable water for its member jurisdictions since 1973; and WHEREAS, in 1974, the Authority requested the aid of the Corps of Engineers in this endeavor since the Corps had, under its NEWS Study, determined that the southeastern Virginia area was a most critical area with regard to water needs; and WHEREAS, the Authority and the City of Virginia Beach recognize the potential financial benefits which a Corps'study could provide; and WHEREAS, the Corps has independently reviewed some thirty-six alternatives and has narrowed its selection to Lake Gaston in its last workshop and public hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, that it recognizes the Corps' position on Lake Gaston and supports its selection as a Corps'project with the understanding that the Southeastern Public Service Authority and the City of Virginia Beach will continue to explore other more expedient alternatives in the interim until the Lake Gaston source becomes available. BE IT FURTHER RESOLVED that the City Council requests the Corps to fully pursue its selection of Lake Gaston and pledges its full cooperation toward a successful project that meets the fiscal as well as the physical needs of the city. ITEM #12528 Councilman Ferrell made a motion, seconded by Councilman Payne, to approve on first reading the following ordinance to accept a grant totaling $21,429 from the DiviSion of Justice and Crime Prevention and to appropriate these funds. The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve on first reading the following ordinance to accept a grant totaling $21,429 from the Division of Justice and Crime Prevention and to appropriate these funds: AN ORDINANCE TO ACCEPT A GRANT TOTALLING.$21,429.FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE TRESE FUNDS WHEREAS, the Sheriff's Department wishes to continue its expanded Jail Library Program, and WHEREAS, the Division of Justice and Crime Preventioa (DJCP) has awarded the City a grant for funding the above program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grant for the City, and funds are hereby appropriated, for the following purpose: Estimated Revenue Local Total From Other Agencies Match Appropriations Jail Library 357 $1_072 121_429 BE IT FURTHER ORDAINED that the appropriations will be financed by $20,357 estimated revenue from the DJCP and a local cash match of $1,072 from the City's Unappropriated Fund Balance. FIRST READING: Ausust 7. 1978 SECOND READING: ITE14 #12529 Councilwoman Henley made a motion, seconded by Councilwoman Oberndorf, to approve the following ordinance amending Section 2-7 of the City Code related to regular Council meetings, when and where held. The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: Councilman George R. Ferrell Absent: None City Council voted to approve the following ordinance to amend Section 2-7 of the Code of the City of Virginia Beach, Vir@.inia, related to regular Council meetings: when and where held: AN ORDINANCE TO AMEND SECTION 2-7 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATED TO REGULAR COUNCIL MEETINGS: WHEN AND WHERE HELD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Regular meetings of the Council shall be held in the Administration Building, Municipal Center, Virginia Beach, Virgina, on the first, second and third Mondays at one o'clock P.M. and on the fourth Monday of each month at five-thirty o'clock P.M., unless such date shall fall upon a legal holiday, in which case the meeting will be held on the next succeeding day which is not a holiday and at the same hour and place except as otherwise provided by resolution of the Council. However, in July of each year, there shall not be a regular Council meeting on the last two Mondays of the month. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach on the 7 day of August , 1978. ITEM #12530 Councilman Holland made a motion, seconded by Councilman Baum, to approve the following ordinance t6 amend and reordain Sedtions 5-5, 5-14, 5-43, 6-8.1, 6-16.1, 6-25, 7-27, 16-17, 16-18, 16-19, 17-3, 17-32, 19-25, 22-77, 23-2, 23-48.1, 23-48.1.1, 23-60, 23-61.1, 23-61.2, 32-55, 32-56 and 38-4 of the Code of the City of Virginia Beach. The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following ordinance to amend and reordain Sections 5-5, 5-14, 5-43, 6-8.1, 6-16.1, 6-25, 7-27, 16-17, 16-18, 16-19, 17-3, 17-32, 19-25, 22-77. 23-2, 23-48.1, 23-48.1.1, 23-60, 23-61.1, 23-61.2, 32-55, 32-56 and 38-4 of the Code of the City of Virginia Beach, Virginia: AN ORDINANCE To AMEND AND REORDAIN SECTIONS 5-5, 5-14, 5-43, 6-8.1, 6-16.1, 6-25, 7-27, 16-17, 16-18, 16-19, 17-3, 17-32, 19-25, 22-77, 23-2, 23-48.1 23-48.1.1, 23-60, 23-61.1. 23-61.2, 32-55, 32-56 and 38-4 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE COUNCIL OF TliE CITY OF VIRGINIA BEACH, VIRGINIA: That certain portions of the above mentioned sections of the Code of the City of Virginia Beach are hereby amended and reordained as follows: Section 5-5. Disposition of dead animals. Any person who violates any provision of this Section shal misdemeanor. Section 5-14. Failure to pay fee. Any person convicted for failure to pay the permit fee due and payable under this division prior to the first day of February of any year or as otherwise provided in this division, on any dog owned by him, IV misdemeanor. He shall also be required to obtain proper permit forthwith ... Section 5-43. Dogs on beaches. ... (c) Anv person who violates the provisions of this section shall be quilty of a Class Iv misdemeanor. Section 6-8.1. Designation of no fishing and/or crabbing areas, violation of ban. ... Any person fishing and/or crabbing in such area Section 6-16.1. Unsafe swimming areas. ... Any person swimming and/or wading in areas so desig- nates shall be guilty of a Class IV misdemeanor. Section 6-25. Speed limit for operation of motor boats in specified places. ... during normal office hours. Any person who violates the provisions of this section shall be guilty of a Class IV misdemeanor. Section 7-27. Penalty for violation of chapter. Any person who shall violate any provision of this chapter shall be guilty of a Class IV misdemeanor. Section 16-17. Extinguishing open fires before leaving. ... Any person failing to comply with this section shall be guilty of a Class IV misdemeanor. Section 16-18. Generally. ... Any person violating any provision of this section shall be guilty of a Class IV misdemeanor. Section 16-19. Generally. ... (d) Any person violating any provision of this section shall be guilty of a Class IV misdemeanor. Section 17-3. Throwing paper, rags, old shoes, etc., on street, etc., disposition of floor trash. ... for removal by the City. Any person who violates provision of this sectioh shall be guilty of a Class IV misdemeanor. Section 17-32. Same - Penalty. The failure, neglect or refusal of an owner... after the -2- expiration of the time provided for in such notice, shall constitute a Class IV misdemeanor. In addition, the remedies set forth in sections 17-30 and 17-31 shall be applicable. Each day Section 19-25. Penalties for violations. Any owner or occupant as herein defined who shall fail, refuse or neglect to promptly comply in all respects with the pro- visions of the chapter shall, upon conviction thereof, be deemed guilty of a Class IV misdemeanor. Each violation ... Section 22-77. Operation of motor vehicle after January thiry- first without having paid license tax, etc. ... in violation of this section. Any person who violates- any provision of this section shall be guilty of a Class IV misde- meanor and each day's continuance of such violation shall constitute a separate offense. Any person... Section 23-2. Adultery and fornication - how punished. If any person commits adultery or fornication such person shall be guilty of a Class IV misdemeanor. Section 23-48.1. Sleeping in camper vehicles. ... 6uch occupancy and use. Any person who violates the provisions of this section shall be guilty of a Class IV misdemeanor. Section 23-48.1.1. Sleeping in public parks or other public property. ... and 8:00 A.M. Any person who violates the provisions of this section shall be guilty of a Class IV misdemeanor. Section 23-60. Massage salons, Turkish, Russian or medicated baths - massage or baths administered by persons of the opposite sex. ... Any person who shall violate the provisions of this section shall be guilty of a Class IV misdemeanor and each day's operation shall constitute a separate offense. -3- ... Any person so engaged in such business who shall fail or refuse to so file with the Chief of Police of this city the above-mentioned information, shall be guilty of a Class IV misdemeanor- Each day... Section 23-61.2. Same - Registration of customers. ...Any person convicted of signing or causing to be signed, any false or fictitious name shall be guilty of a Class IV misdemeanor. Section 32-55. Duty of owner to display house number. ... Any person who violates any provision of this section shall be guilty of a Class IV misdemeanor, and each day that such violation shall continue after conviction thereof shall be deemed to constitute a separate offense. Section 32-56. Display of improper house number. ... Any person who violates any provision of this section shall be guilty of a Class IV misdemeanor, and each day that such violation shall continue after conviction thereof shall be deemed to constitute a separate offense. Section 38-4. Sale or possession of blackjacks, etc. If any person sell or barter.... any blackjack, brass or metal knucks, switchblade knife or like weapons, such person shall be guilty of a Class IV misdemeanor. The hiring... Adopted by the Council of the City of Virginia Beach on the _ 7 day of A,,g,,@t- -1 1978. ITEM #12531 Councilman Ferrell made a motion, seconded by Councilman Holland, to appoint Mr. Richard H. Kline and Mr. George A. Woody, Jr., to the Virginia Beach Development Authority, for a term of four years, beginning September 1, 1978, and terminating August 31, 1982. The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to appoint the following to the Virginia Beach Development Authority, for a term of four years beginning September 1, 1978, and terminating August 31, 1982: Mr. Richard H. Kline Mr. George A. Woody, Jr. ITEM #12532 Councilman Payne made a motion, seconded by Councilman Baum, to re- apDoint the following members to the Social Services Advisory Board. Mr. Marion Bright Mrs. Louise Allen Mr. C. W. Cashman Mr. Millson W. Derring Mr. John L. Perry The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to reappoint the following to the Social Services Advisory Board: Mr. Marion Bright - one year term, beginning July 1, 1978 and terminating June 30, 1979 Mrs. Louise Allen - two year term, beginning July 1, 1978 and terminating June 30, 1980 Mr. C. W. Cashman - two year term, beginning July 1, 1978 and terminating June 30, 1980 Mr. Millson W. Derring - four year term, beginning July 1, 1978 and terminating June 30, 1982 Mr. John L. Perry - three year term, beginning July 1, 1978 and terminating June 30, 1981 ITEM #12533 Councilwoman Oberndorf made a motion, seconded by Councilman Ervin, to adopt the following resolution requesting the State Corporation Commission to hold a full and adequate public hearing on the request of County/Kempsville Utilities for a rate increase; and further that each customer of the two companies be notified by letter before September 1, 1978 of the public hearing. The recorded vote is as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to adopt the following resolution requesting the State Corporation Commission to hold a full and adequate public hearing on the request of County/Kempsville Utilities for a rate increase; and further voted that each customer of the two companies be notified by letter before September 1, 1978 of the public hearing: Requested by: Councilm@er oberndorf The regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Courcil Chambers of the Administra- tion Building on the 7th day of August 1978. On motion by Councilwoman Oberndorf and seconded by Councilman Ervin the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, on July 31, 1978, County Utilities Corporation and Kempsville Utilities Corporation notified the Mayor of the City of Virginia Beach that, effective September 1, 1978, these two companies will ask the State Corporation Coimnission to amend their schedules of rates, rules and regulations for the operation of their private utilities solely within the City of Virginia Beach, and WHEREAS, the Council of the City of Virginia Beach desires to provide the citizens of Virginia Beach who are customers of those two private utilities a full and adequate public hearing on the rates and tariffs to be charged by the private utilities. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the State Corporation Commission is requested to hold a full and adequate public hearing on these matters after public notice is given by advertisement in a newspaper with general circu- lation with the City of Virginia Beach, Virginia, and that each customer of the two companies be notified by letter before September 1, 1978 of the public hearing in addition to the Virginia Water Control Board and the Health Department of the Commonwealth of Virginia. FURTHERMORE, BE IT RESOLVED that the City Clerk is directed to forward a copy of this resolution to the Virginia water Control Board, the State Corporation Commission and the Health Department of the Commonwealth of Virginia. JDB:er 8-3-78 8-8-78 ITEM #12534 C ... @il... F.-.11 ..d. ..ti.., ..@..d.d by C...@il... M.-i.k, t. .d.pt th. f.li..i.g @ ... I.ti.. ..pp.@ti.g HRSD'. .q@..t f.@ . 36 .illi.. g.1l.. p.@ d.y t@..t... t f.@ility i. .@d.@ t. p@.@id. f.@ t@..t.@.t @.P.@ity t. ..@t @.ti..t@d fl.@. h@. th. f.@ility i. @..pl@t@d. Tb@ @.@.@d@d .t. i. .@ f.1l..@: Ay@.: C... @il... J.h. A. B..., F. R@id G..@g. R. F@@,@ll, C ... @il@ .... B.@b@@. M. H@.l@y, A. 11.1i..d, Vi@@ M.y.@ J. H@.@y M@C.y, J@., D...Id W. M@,,i@k, C ... @il .... @ M@y@,. E. Ob@@.d.@f, J. C.@ti. P.y.., R.g@, L. Rigg@, .@d M.y.@ P.t@i@k L. St..di.g N.y.: N..@ Ab.@.t: N... City C ... @il v.t@d t. d.pt th@ f.1l..i.g @.pp.@ti.g HRSD' @@q.@.t f.@ . 36 illi.. g.1l.. p@@ d.y t@..t ... t f..ility i. .@d@@ t. p@.vid@ f., t@,.t... t @.p@@ity t. .@@t @@ti..t@d fl.w. @h@@ th. Atl.@ti@ T@..t... t Pl..t i. @..pl.t@d: The reg.l.@ -.ting -f the C ... @il of the City of Virgi.ia Be4.h, Virgi.i., was h@ld i@ the CO@-cil Ch-b.rs of the Admi@i- str.ti.. Bildi.q Of th. City f Virgi.i. B.a.h, Virgi@i., .. the 7th day of A.g.@t 1978. 0. moti.. by and s.co.ded by C ... @il... M@@ri.k th followlg Resol.tio. was -dopted. R E S 0 L U T I 0 N WHEREAS, the City COU.Cil f the City of Virgi.ia Bea.h h.s gone on r.cord P-bli@ly a.d with f.r.al re..l.tion. i@ th@ p@.t for the timely constructio. and completi.. of the Atlantic Treat.e.t Pl..t, nd WHEREAS, th. City h.. made . tremend... co-it.@.t to re.olving h..lth h ... rd proble.. i@ ..i.ti@g @o-..iti.. with ..I- functi.ni.g septic taks, a.d WHEREAS, th. City h.s ade . s.bst..tial @o-it ... t to th. abate ... t of p.llution problems and protecti.n of our en@iro.ment, and WHEREAS, th. Co.n.il has appr.priated $34.6 illion i. its fiv.-year Capital I.pr.v..ent. Progr.. f.r sewer collector sy@tems, ..d WHEREAS, flow pr.jections pr.pared by the Hampt.@ Roads Sanitatio. District @ould idi.ate th.t it is imperativ. t. have the Atlantic Tr..tme.t Pla.t compl.ted and .. line .0 later than 1983, NOVI, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, th.t e @tro.gly endorse HRSD's req..st for t.tal funding for fi.@.1 y.ars 1978, 1979, and 1980 to pr.vid@ f.r th. copl.tio. of the 36 illio. g.1l.n per d.y Atl..tic Tr..tmet Pl..t, NOW, TI[EREFORE, BE IT FURTHER RESOLVED th.t th. Cou@@il stro@gly ..pport. HRSD'. req..st f.r a 36 illio. gall.n p.r day f.@ility i@@ rd.r to pr.vid. for tr..t.e.t c.p.citl to @e@t ..ti..ted flo@. wh.n the fa@ility i. c..pl.t.d. To c.n.truct . pl..t of 1... @.p.@ity @..ld r..ult in the f.@ility being b.y..d it@ ..p.city @he. @..plet.d. BE IT FURTHER RESOLVED th.t th. City Cl.rk is dire@t.d to for.ard . copy of this r.sol.tio. t. Mr. R. V. D.@is, E.ec.tiv. Dir.@tor, St.te W.ter Control Board, a@d Mr. Mill.rd Ric., Chair..n, St.te Water Co.tr.1 Board. Ad.pt@d by th@ C.@..il f th. City f Virgini@ @.@h, Virgini., .n th. 7th d.y f t , 1 9 7 8 August 7, 1973 - ITEM #12535 - anendment The City Clerk informed Council that the residents from Groveland Park would not be appearing before Council today regarding the waiver of sidewalks in their area, as the PIatter has been settled. The City Manager stated that in Groveland Park sidewalks were required and the developer requested a waiver until all houses in the area had been constructed. That was approximately 5 years ago. The Director of Public @iorks is now requiring the developer to put in sidewalks, and the residents in the area are opposed to this and have signed petitions to that effect. A compromise has been agreed up whereby those residents desiring sidewalks may have them installed at the expense of the developer, and those not wishing them will have the developer's money held in escrow by the City until such time as it is necessary to install sidewalks. ITEM #12536 Councilman Ervin stated that during a rainy spell someone has to start the small engine on 58th Street, and the last time a battery had to be borrowed to get it started. Councilman Ervin requested the City Manager to set up times to have the engine periodically started. ITEM #12537 Councilman Riggs introduced Mr. Stevens, owner of the South Norfolk Aerial Ads. Councilman Riggs stated lie was concerned about the planes flying over the beaclies in Virginia Beach after the accident a couple of weeks ago when a plane went down. Mr. Stevens indicated that he has met with the Navy and the FAA and informed them that he would keep the planes 500 feet from shore, thereby, causing no problems or breaking any laws.