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HomeMy WebLinkAboutAPRIL 3, 1978 CITY OF VIRGINII BEACI MUNICIPAL CENTER City" VIRGINIA 13EACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLL,AND, M.D., B.,,id@ B.,..gb J. HENRY M,COY, ],., D.D.S., K@.p-ill, B.,..gh VICE MAYOR PATRICK L. STANDING, At L.,g@ MEYERA E. OBERNDORF, A, L.,g, JOHN A. BAUM, Bi.,k@.,@, B.,..,h J. CURTIS PAYNE, A-@ B.,..gb ROBERT B. CROMWELL, ],., A, L.,g@ ROGER L. RIGGS, Vi,i@i. B@.,h B@,..gh GEORGE R. FERRELL, A, L,.,g@ FLOYD E. WATERFIELD, J,., P..g. B .... gh JOHN R. GRIFFIN, Ly@.b-- B.,@.gh A G E N D A RFCHARD 1. WEBBON, Ci,y Cl@,k THE CITY COUNCIL OF TFE CITY OF VIRGINIA BEACH, VIRGINIA, WILL ASSEMBLE IN THE ADMINISTRATION BuILDING, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, IN REGLLAR SESSION, AT 1:00 P.M., ON MONDAY, APRIL 3, 1978 FOR TFE PURPOSE OF CONDUCTING PUBLIC BUSINESS AND WILL HEAR AND ACT UPON THE FOLLOWING ITEMST 1. CALL TO ORDER BY THE HONORABLE CLARENCE A. HOLLAND, MAYOR, IN THE COLNCIL CONFERENCE Room. 2. ROLL CALL OF THE COUNCIL. 3. MOTION TO RECESS INTO INFORMAL DISCUSSION AND EXECUTIVE SESSION. UPON CONCLUSION OF THE EXECUTIVE SESSION, CITY COUNCIL WILL RECONVENE IN THE CITY COUNCIL CHAMBERS. 4. INVOCATION WILL BE GIVEN AT 2:00 P.M., BY THE REVEREND BEVERLY D. TUCKER, OLD DONATION EPISCOPAL CHLIRCH, VIRGINIA BEACH, VIRGINIA. PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE. 5. ROLL CALL OF THE COUNCIL. 6. MINUTES OF THE REGLLAR MEETING OF MARCH 20, 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. CITY COUNCIL IS REQUESTED TO APPROVE ON SECOND READING AN ORDINANCE TO ACCEPT A GRANT TOTALLING $49,153 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS. B. CITY COUNCIL IS REQUESTED TO APPROVE ON SECOND READING AN ORDINANCE CONTRACTING TO PROVIDE A PAYMENT TO THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TO GUARANTEE THE PAYM T OFI@ Pr@@H$KT@JNA OB @S@T@S OF 1.@8P.CRITY. NOT TO EXCEED $605,000 N04NEARL R RS @ DATET c. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL ACCEPT THE LOW BID OF LUKE CONSTRUCTION COMPANY, INC. IN THE AMOL)NT OF $127,870 FOR SHERRY PARK - PHASE II - CONTRACT IV, SANITARY SEWERAGE FACILITIES (KEmpsvILLE BOROUGH) AND AUTHORIZE HIM TO ENTER INTO THE NECESSARY AGREEMENTS TO IMPLEMENT THIS PROJECT. FUNDS ARE AVAILABLE. D. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE FOLLOWING BINGO/RAFFLE PERMITS: RAFFLE STUMPY LAKE RECREATION ASSOCIATION RAFFLE GREEN RUN LITTLE LEAGUE (RENEWAL) 1-7 Consideration of a motion to go into informal discussion and to go into executive session thereafter to discuss the following: Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. (Personnel Matters) 3- scus sion or co ration of the condit@., acquisition or use of real r @i ,perty for lji@lic ose, or other disposi on of publicly held property. p eld pro (A@ s-ition, use or dNPposition of publicly p@) T ers not related t Dis c ssion conce or industry where no previous ann. ceet had dustry's interest in locating in the O_..ity c fund,% g are involved where, ti governing unit would b Consultation with legal counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (LegAl Matters) E. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF THE REQUEST OF MR. JOHN ATKINSON, CITY TREASL)RER, FOR TAX REFUNDS IN THE AMOUNT OF $630.14. B. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE PETITION OF W. NICK WRIGHT FOR A CHANGE OF ZONING FROM R-4 RESIDEN- TIAL DISTRICT TO AG-1 AGRICULTURAL DISTRICT ON A 26 ACRE PARCEL LOCATED AT THE EASTERN EXTREMITY OF PAINTERS LANE (PRINCESS ANNE BOROUGH). MR. WRIGHT HAS ALSO APPLIED FOR A CONDITIONAL USE PERMIT FOR A RIDING STABLE TO BE LOCATED ON THIS SITE. IT IS RECOM- MENDED THAT THESE REQUESTS BE CONSIDERED CONCURRENTLY. 9. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING AN ORDINANCE ENTITLED " AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIML*L AMOUNT OF $15,900,000 AND RESCINDING AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,000,000 PUBLIC IMPROVEMENT BONDS ADOPTED ON MARCH 7, 1977". 10. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF A RESOLUTION COVERING UTILITY ADJUSTMENTS ON THE PRINCESS ANNE ROAD - PHASE I - PROJECT. THIS PROJECT INCLLK)ES THE SECTION OF PRINCESS ANNE ROAD FROM NEWTOWN ROAD TO SOUTH PARLIAMENT DRIVE. 11. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF A RESOLUTION WHEREBY THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION MAY PROCEED WITH THE ADVERTISEMENT FOR CON- STRUCTION BIDS ON THE FIRST COLONIAL ROAD PROJECT FROM WILL-O-WISP DRIVE TO 0.094 MILES SOUTH OF VIRGINIA BEACH BOULEVARD. APPROVAL IS ALSO RECOMMENDED FOR A RESOLUTION COVERING UTILITY ADJUSTMENTS FOR THE ABOVE MENTIONED PROJECT. 12. LETTER FROM THE CITY MANAGER RECOMMENDING CITY COLt4CIL APPROVE THE LOW BID OF CROWDER CONTRACTING COMPANY IN THE AMOUNT OF $132,700 FOR THE SEWAGE PUMPING STATION AT 19TH STREET AND THE LOW BID OF ASHLAND-WARREN, INC. IN THE AMOL)NT OF $1,071,495.95 FOR THE ROADWORK/UTILITIES ON 19TH STREET, PARKS AVENUE AND THE NORFOLK/VIRGINIA BEACH TOLL ROAD. 13. LETTER FROM THE CITY MANAGER RECOMMENDING APPROVAL OF AN ORDINANCE TO AMEND AND REORDAIN SECTION 24-5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO RECORDS OF LOANS OR TRANSACTIONS OF PAWNBROKERS. 14. OLD BUSINESS, DEFERRED FROM THE PREVIOUS MEETING, INCLUDING ANY REPORT OF THE MAYOR OR COMMITTEES NAMED BY COUNCIL. 15. NEW BUSINESS, INCLLIDING ANY PRESENTATIONS BY COLNCIL MEMBERS, CITIZENS AND ORGANIZATIONS. 16. MOTION FOR ADJOURNMENT. MINUTES OF THE HONORABLE CITY COUNCIL OF TIIE CITY OF VIRGINIA BEACII, VIRGI14IA ADril 3, 1978 The regular meeting of the Council of the Cit@, of Virginia Beach, Virginia, was called to order by @layor Clarence A. Holland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, April 3, 1978, at 1:00 p.m- Council 'Ae@mbers present: John A. Baur@i, Robert B. Crornwell, Jr., George R. Ferrell, John R. Griffin, @layor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @.layor Patrick L. Standing. Council Members absent: J. Henry McCoy, Jr., and Floyd E. Waterfield, Jr.* ITE@l @-11934 ilayor Holland entertained a motion to permit Council to conduct an informal session to be followed by an executive session for the pur- pose of discussing the following: 1. Discussion or consideration of employment, assi-nment, 17 appointment, promotion, demotion, salaries, discipline, or resignation of public officers, appointees or employees of any public body. 2. Consultation with lel-al counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Vice @layor Standing, seconded by Councilman Griffin, and by recorded vote as follows: Aves: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Criffin, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Henry McCoy, Jr., and Floyd E. Waterfield, Jr. City Council voted to proceed into the executive session following the informal meeting. *Councilman Waterfield entered meeting at 1:10 p.m. ITEM @11935 @layor Holland stated that this morning the Stihl CorDoration had their official dedication ceremonies in the Oceana West Industrial.Park. ITEM 1-11936 The City -Manager stated he has received a request from the Unity Church of Tidewater, which is locating in Virginia Beach, to expedite their hearing before Council for a Use Permit. The hearing before the Planning Commission will be May 9, 1978. 4 / 3 / 7 8 - 2 - ITEM #11937 The City Nlanager stated that as Council will recall the sheltered workshop has requested space to work up their Drogram. They have space in the old Miller's Departr-,,ent Store. The City Manager introduced Dlr. Leo Krest, who is a volunteer with the sheltered workshop. 1.1r. Krest stated that the @vorkshop is to aid the mentally and physically handicapped. It is closely supervised, however, it is not a babysitting service, it gives the handicapped adult a cliance to feel productive and useful. ITEA' #11938 The City Manager stated that as Council vvill recall, at the last Council meeting a resolution was adopted, to be forwarded to the Marine Resources Commission, requestin-- they deny an application of a citizen from tlie Eastern Shore to establish a pound stand in the Chesapeake Bay. The permits were approved by tile Commission, and many citizens of Virginia Beach have requested the matter be appealed. The matter can be appealed due to the hazards involved. ITEM #11939 Councilman Cromwell stated that Mr. Gifford has been talking with him for some time regarding the widening of flaygood Road alid New- town Road. The City tlanager stated he has been trying to expedite the matter due to the schools and conimerr-ial businesses in the area. ITEM #11940 At -.:00 p.m., City Council reconvened in the Council Chambers with the following Ilembers present: John A. Baum, Pobert B. Cromwell, Jr., George R. Ferrell, ?,Iayor Clarence A. Holland, Councilwoman @,'@eyera E. Oberndorf, J. Curtis Payne, Ro.-er L. Rig.-s, Vice Dlayor Patrick L. Standin,-, and Floyd E. Waterfield, Jr. Council Members absent: *John P,. Griffin, and J. F@enry IlcCoy, Jr. The invocation was given by the Reverend Beverly D. Tucker, Old Donation Episcopal Church, followed by the Pledge of Allegiance. ITE@,l @'11941 COU@iCILMAN GRIFFI-@@ ENTERED AIEETIING AT 2:10 p.m. On motion by Councilman ",@aterfield, seconded by Councilwoman Oberndorf, and by recorded vote as lollows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, Councilwoman 14eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor Patrick L. Standing, and Floy(I E. ll;aterfield, Jr. Nays: None Absent: Councilman J. Henry McCoy, Jr. City Council voted to approve the following Proclamation proclaiming the weelc of April 2, 1978 through April 8, 1978 at Library Weel@: 4 / 3 / 7 8 On motion by Councilman Croni@vell, seconded by Councilinan Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baurn ' Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Claren(,,e A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Poger L. Riggs, Vice Nlayor Patrick L. Standing, and Floyd E. @V',Iterfield, Jr. Nays: None Absent: Councilman J. Henry McCoy, Jr. City Council voted to approve on second reading the following ordinance to accept a grant totaling $49,153 from the Division of Justice and Crime Prevention and to appropri.ate these funds: AN ORDINANCE TO ACCEPT A GRANT TOTALLING $49,153 FROM THE DIVISION OF JUSTICE AND CRIIM PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Attorney for the Commonwealth desires to more effectively prosecute career criminals and major violators charged with crimes, and WHEREAS, application has been made for a Federal Grant to accomplish this and.the Division of Justice and Crime Prevention (DJCP) has awarded the city a grant to establish a major violator unit in the Commonwealth's Attorney's office to hire two attorneys and a police investigator/paralegal aide. NOW, THEREFORE, BE IT ORDATNED.BY THE COUNCIL OF THE CI@ OF VIRGINIA BEACH, VIRGINIA: That the grant be accepted and appropriated for the following purpose: Estimated Revenue Local Total From Other Agencies Match Appropriation Major Violator Unit 46,695 $2 4@58 $49@153 That the appropriations will be financed by $46,695 estimated revenue from the DJCP, and a local share of $2,458 to be transferred from the Revenue for Contingencies-Regular. FIRST RF-ADING:- MARCH 20, 1978 SECOND READING: APRIL 3, 1978 Adopted by the Council of the City of Virginia Beach on the THIRD day of APRIL 1978. 4 3 7 8 ITEM 1-11@42 On motion by Councilman Cromwell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @layor Clarence A. Ilolland, Councilwoman @,leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice ',Iayor Patriclc L. Standing, and Floyd E. @@@laterfield, Jr. liays: None Absent: Councilman J. Henry 1,4cCoy, Jr. City Council voted to approve the following consent agenda (7A - 7E) with the exception of 7B which is to approve on second reading an or- dinance to provide a payment to the Southeastern Public Service Authority of Virginia to guarantee the payment of a part of certain obligations of the Autlaority, not to exceed $605,000 not earlier than three years from the date hereof. - 4 - ITEM #11944 'i'he following bids have been received for Sherry Park - Phase II - Contract IV, Sanitary Sewerage Facilities (Kempsville Borough: Luke Construction Company, Inc. @10-7,870.00 Crowder Contracting Company, Inc. 135,200.00 Engineer's Estimate ;-PI35,000.00 On motion by Councilman Cromwell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @,layor Clarence A. Holland, Councilwoman A,Ieyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor Patrick L. Standing, and Floyd E. IVaterfield, Jr. Nays: None Absent: Councilman J. llenry McCov, Jr. City Council voted to approve the low bid of Luke Construction Company, Inc., in the a,,nount of @,127,870.., for Sherry Park - Phase TT - Contract IV, Sanitary Sewerage Facilities, in the Kempsville Borough; and further authorized the City Manager to enter into the necessary agreements to implement this project. Funds are available. ITE,I'@ #11945 On motion by Councilman Cromwell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Nlayor Patrick L. Standing, and Floyd E. Waterfield, Jr. '@ays: None Absent: Councilman J. Ilenry @IcCoy, Jr. City Council voted to approve the following Bingo/Raffle Permits: Stumpy Lake Recreation Association Raffle Green Run Little League Raffle - Renewal ITEM @-11946 On motion by Councilman Cromwell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, llayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Dlayor Patrick L. Standing, and Floyd E. @,'@aterfield, Tr. l@ays: None Absent: Councilman J. Ilenry @,TcCoy, Jr. City Council voted to approve the following tax refunds in the amount of $630.40: 4/3/78 5 - AN All'illOI(tzit,;(@ Of.' Ili'ON 01" S Volt I'AytIll-,@"T 'F,D Bf 'EIIE COU',4Clf, OF 'f[IE C-ITY V I,, T@Zr@% BI-I'ACII, Vll',GIIITA: BE IT Di' Ic Thzit tlie fol-lowin,@ for tiy. rc- f Lincls upc),-i c(@rt@tficat-loa of tlie Treastirer arc-- lic-@i:eby ipliroved, Totaling $87.50 DA ,iE YFAlt 3F TAX-@@ PI,ID PEN@l.'iY 1"T. TOTAL rincess Anne Plumbing 1973 CD 10224 7.50 ale' P. Astrum 1978 Cb 112956 7.50 onald Lee Luck 1978 CD 126563 7,.50- Hugh E. Moore 1978 CD 53912 1-9-78 7.50. i978 CD 76896 Will*am E. Combs 1-@10-78 7.5 Ernest J. Ehteridge 1978 CD 1900 1-24-78 .15.00 Talmage Dunn 1978 k-ID 34423 1-24-78 7.50. How'ard 0. Meagher 1978 CD 7026 1-26-78 7.50. CaValier Golf & Yatch 1978 CD 20124 1-16-78 iS bo- F@01.17ler, John W. 1.978 Dog 17636 3-15-78 5.00 Taf, IN The zbo%,e abatement(s'f totaling o were approved by the Council ot the City of Virginia ]3each the day of ApprovLd as form: on, City Attorney 6 - - @@l S ljpoN AppT,ICA'UION OF C)-l" ... A[,'l YFItSOI\'s CE',('@fFICt"r loli c)i., 'ritf@ BE IT ORDAINED BY 'file Cou-,qcll. OF TIIE CITY 017 VI RCINrik BEACII, VIRGINIA: applicati.ons for tax refunds uPOn certification of the That tlie followin' Treasurer are berf-,by apl,rovecl: 365. 11 Totalin@, DAIE TYPE PENI@LTY INT. TOTKI. 01.' 'fA@ T I 0,@' 0 . 11-21-7@ 143.05 ut. Fed. Sav- (Cando) 1978 l@E1/2 99,30 5, l@O 1978 Pp 71,68 6-3-77 enner, Gene R. @ 1) 1973 PP 71.69 6-3-77' 8".. 6@ T, & B. Lathin"hou,.-ir? 1978 CD 27054 1-9-73 15.00 7. 50. obert W. McCartl)y 1978 CD 127901 1-27-78 harles L. Ilutzler Sr 1978 CD 1 2214 9 1-6-73 17.5 0. 50362 -3 -78 1-.5. 00. tepl-i,en R.. Stitton 1978 rD 14'6 1-13-78 7.50 osemary Mason 1978 CD 19 7(,01 7 1 -301- 118 7.50 ob'ert T. Ettcl-r D - Clyde Daitori 197@', CD 1228@@2 1-20---lS 7.50 o@@tcr Go,,nez .Jr. 1913 '-'-U 52255 1-4-78 7.50 E -1 0 L97@ @@D 7.., -i 7. @', 0 129,95 30.-78 7.50 f,ay W. S 197S (,,D i P,. D., e-4 3@@. G. . r I C,,i@ I'll o y 197" CD 1777-.L 7 p@, 7.50 @'arlo a-,:ct 1972, "D 511-80 L-23-78 (-10 The --bove abatement(s) totalilig C@ified as t $365.11 were approvecl by the Council-of the City of Virginia Beach on tbe 3 day of 11 Soli Treasurer 01111, T,. N Approved as or-L: city C.1er t - 7 Al@ O@@1) f 6 - 78 OF 0 IT O@',DAI';I@.D CC)U@@C(', O@ @i'l (@1j: C: V- A: ccl t@f@citioi cf tlie hereby ipprovol: $ 177.53 yt-,,t,R 01@ P. TIO", @'O'JAT, onsolvo & Markowitz 1978 RE1/2 2954 11-16-7'/ ')0.03 orri,.e, J. Waltman 1-978 CD 119014 1-3-78 15.00 o@.-ce A. O'Brien 1.9-io. CD 80412 2.-2-78 7.-50 vy Ii. Ilembree 1978 CD 3359 1-24-73 15.oo 1978 6D 53932 1-9-78 15@oo ohii B. Fay Jr. a,rles P. Fletcher 1978 CD 118189 1-13-78 -7.5C) ert r,'. Maskell 1978 CD 73460 1--27-78 7.50 -5-78 ry.A. Ludwig 1973 CD 54,.029 1 7.50 hirley E. U,-,iel 1,01/8 CD 11.8128 1-12-78 7.50:- 7.50 am@s iii'Lls 1973 C--' 62761 7 1-17-73 helley S. Hall 1978 CD 4492 2-2-78 15.00 CD 2J, 2 5 ViLe aDa@-P---2rlt(s@ totiling .53 vere @ippro-,,ted by tli@ Council o@- the City cf Virgirfa Be,ic'n on tlie 3 day ol- pril JOIIN T.' ATI@INSOiN,T?:casucer Approvea as t R@-h@i-d J webbon, city c.terk - 111,11 ITE@l #11947 -8- On motion by Vice llayor Standing, seconded by Councilman Griffin, ai,d by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Geor.-e R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, Councilwoman i@leyera E. Oberndorf, J. Curtis Payne, Vice Mayor Patrick L. Standiiig, and Floyd E. Waterfield, Jr. Nays: Councilman Roger L. Ri@-gs Absent: Councilman J. lienry NIcCoy, Jr. City Council voted to approve on second reading the following ordinance contracting to provide a payment to the Southeastern Public Service Authority of Virginia to guarantee the payment of a part of certain obligations of the Authority: AN ORDINAKE CONTRACTli4G TO PROVIDE A PAY14ENT TO THE SO(JTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGIMIA TO GUARANTEE THE PAYMENT OF A PART OF CERTAIN OBLIGATIONS OF THE AUTHORITY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. The City of Virginia Beach, Virainia, (the "City") has found and determined and does hereby declare that: (a) The Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the counties of Isle of Wight and Southampton have heretofore created the Southeastern Public Service Authority of Virginia (the "Authority") pur- suant to the provisions of the Virginia Water and Sewer Authorities Act, being Chapter 28, Title 15.1, Code of Virginia, 1950, as amended, for the purpose of providing for the acquisition, financing, construction, operation and maintenance of a water system and a garbage and refuse collection and disposal system, which will be publicly owned and controlled regional projects within the meaning of Article VII, Section 10(a)(4) of the Constitution of Virginia. (b) The Southeastern Virginia Planning District Commission and Henningson, Durham & Richardson have made preliminary investigations and studies and have pre- pared and filed with the Authority their March, 1977, report entitled "Resource Recovery Implementation Plan". (c) The Authority has determined to provide for the issuance at this time of its notes in the aggregate principal amount of $1,931,000 for the purpose of providing funds for paying a part of the cost of planning and design of a garbage and refuse collection and disposal system. (d) The councils of the cities of Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach have determined that in order to enhance the marketability of said notes to be issued by the Authority on account of such garbaae and refuse collection and disposal system, said councils would require the power to contract obligations to provide payments ovor a period or periods of more than one year to the Authority to guarantee the payrnent of all or any part of the principal of and the interest on notes issued from time to time by the Authority which contract obligations would be - 9 - (e) The General Assembly of Virginia by Chapter 544 of the Acts Of Assembly of 1977 authorized the cities of Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach from time to time or at any time to contract obligations to provide . d r periods of More than one y,ar to the Authority tO guarantee payments over a perio e principal of and the interest on notes issued the payment of all or any part of th s garbage and refuse collection from time to time by the Authority on account of it h,li be an excluded indebtedness and disposal system and uch contract obligations S f and for the purposes of Article VII, Section 10(a)(4) of the within the meaning 0 Constitution of Virginia. for a payment to (f) it is in the best interest of the CitY tO provide ns of the Authority the Authority to guarantee the payment of a part of the obligatio of to be incurred by the issuance of said notes and in antiripation of the issuance its revenue bonds. ined to contract an obligation to provide a payment (g) The City has determ three years fr m the date hereof to guara the 0 to the Authority not earlier than ntee payment of $ 605 000 of the obligation to be incurred by the Authority by the issuance of said notes and in anticipation of the issuance of its revenue bonds, such contract obligations to be effective at such time as contract obligations have been incurred by the cities of Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach to provide payments to the Authority in the amounts of $23,000, $837,000, $326,000, $140,000 and $605,000, respectively. Section 2. The City hereby contracts to provide a payment to the Authority of $ 605,000 not earlier than three years from the date hereof to guarantee the payment of $ 605,000 of the principal amount of said notes of the Authority without the payment of any interest thereon, such payment to be an excluded indebted- ness within the meaning of and for the purposes of Article VII, Section 10(a)(4) of the Constitution of Virginia. Section 3. The contract obligation assumed in Section 2 hereof by the City shall be paid from an ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of said principal sum as said principal sum shall become due, which tax shall be in addition to all -2- 4 / 3 / 7 8 -10- other taxes authorized to be levied in the city, and for the prompt payment of said principal sum, the full faith and credit of the City are hereby irrevocably pledged. Section 4. Simultaneously with retirement of said notes of the Authority the payment of a portion of which is hereby guaranteed, or provision having been made for the retirement of said notes, this ordinance shall terminate and be of no effect. e,tion 5. This ordinance shall become effective when the cities of Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach have incurred contract obligations to provide PaYments to the Authority in the amounts of $23,000, $837,000, $326,000, $140,000 and $605,000, respectively. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third day of 1978. FIRST READING: march 20, 1978 SECOND READING: April 3, 1978 JDB:er 3-16-78 4 / 3 / 7 8 ITE@4 @11948 Petition of W. Nick Wright for a Chanqe of Zoninq District Classification -from R-4 Residential District t@A - Aq,,,,Itr@ D,@trct n c,-rtllll property located at the Eastei-ri e-xtre,@iity of Painters Lane beginning at a point 850 feet itiore or less North of Painters Lane, running a distance of 334.55 feet along t@ie Norti@-.rri property lille, running a distance of 1609.97 feet in a SOLlt[l@@,'eSte)-ly di@,ectioii, running a distance of 496.27 feet in a Southeast(-,rly direcu-iori, i@tini;ing i o-c@ 513.13 feet ill a SoLitil- westerly directioii, ruiiniiig a distincc,, of 1293.13 f(,cl in a r,oi-th@%,est,21-ly direc,Lion aiid runt,.irig a d"Ist-,).iice of 2095 feet or less in a easterly direc'uion. Said pai-cel contains @16 aci,-es. (Atv!oodto@@.,n-Lagc,@iiar Ay,eas ) . PRINCESS f@t,@f@E BOROUGI@. Plaiining Comi,,iissioi,i A motion 1/2.ias passc., (j U 11 (in 4)u y b@, tlie Plz;i-iiiir@g i-) by a i@rcc))-cc,,l il, !@ l@ C,,),, !114 S 5 i o,l vo-le of *12 to approve this i-equ-es'U-. For tlie infoi,mation of th, at)pl icz,,iit, prir)r to 'U-he initiaitoii of iiitended use of t@ie tlie @l-ollo@,@iiig \,,,il I bc, req,,iired by the adgiiiii- strative staff: @lith fUtL@i@e develoFnl@nt, Cordov@, Roard is to b-. extended tlir,@)ugh site. Fui-ther, tliis orclinaice shall be cffective upoii satisfac-Lory co;rpliance to the conditions imposed in this motion, and it is understood and agreea lo by the applicant that the official change on the zoning maps will not be made until the following condition is satsified: A dedication of an 80 foot draiiiage easement along the northwestern property line. Mr. Jim Brunt, Attorney, represented the petitioner On motion by Councilman Payne, seconded by Vice Nlayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @dayor Clarence A. Ilolland, Councilwoman ivleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice ?,Iayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Na,ys : @ione Absent:- Councilman J. Henry i@,leCoy, Jr. City Council voted to approve the follo@vin@l, ordinance upon petition of W. Nick illrigiat for a Change of Zoning District Classification from R-4 Residential District to AG-1 A,,,ricultural District: ORDINA-ICE UPON PETITION OF IV. NIC@ @IRIGHT Z0478332@ FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION FROM R-4 Residential District TO AG-1 Agricultural District BE IT ORDAIiiED BY TIIE COU'@QCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGI@TIA, that: Petition of IV. Nick Wright for a Change of Zoning District Classifi- cation from R-4 Residential Dist ict to TG--l Agricultural District on certain property located at the Eastern extremity of Painters Lane beginning at a point 850 feet more or less North of Painters Lane, running a distance of 334.55 feet along the Northern property line, running a distance of 1609.97 feet in a Solithwesterly direction, running a distance of 496.27 feet in a Southeasterly direction, runn- ing a distance of 518.13 feet in a South@vesterly direction, running a distance of 1293.13 feet in a -Northwesterly direction and running a distance of 2095 feet more or less in a Northeasterly direction. Said parcel contains 26 acres. (Atwoodtown-Lagomar Areas). Princess Anne Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the adinini- stration staff: Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and a-reed to by the applicant that the official change on the zoning maps i@,ill not be made until the following condition is satisfied: 1. A dedication of an 80 foot drainage easement along the northwestern property line. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Vir,,,inia Beach, Virginia, on the Third day of April 1978. 4 3 7 8 - f 2 - ITEM #11949 '_Application of W. Nick Wright for a Conditional Use Permit for a riding stable on certain property located at the Eastern extremity of Painters Lane beginning at a point 850 feet more or less North of Painters Lane, running a distance of 334.55 feet along the Northern property line, running a distance of 1609.97 feet in a Southwesterly direction, running a distance of 496.27 feet in a Southeasterly direction, running a distance of 518.13 feet in a SoutHwesterly direction, running a distance of 1293.13 feet in a Northwesterly direction and running a distance of 2095 feet more or less in a Northeasterly direction. Said parcel contains 26 acres. (Atwoodtown- Lagomar Areas). 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.. For the information of the applicant, prior to the initiation of the intended use of the land, the fOlIDWing will be required by the admini- strative staff: 1. Approved for riding academy, horsesfor hire or boarding. 2. Standard improvements as required by the Site Plan Ordinance will be necessai,y should the stable facilities be intended for commercial use. the conditions imposed in this motion, and it is understood and agreed to by the applicant tliat the official change on the zoni.ng maps will nrit be made until the following condition is satsified: A dedication of an 80 foot drainage easement along the northwestern DrODertv line. Mr. Jim Brunt, Attorney, represented the petitioner On motion by Councilman Payne, seconded by Vice NIayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @,layor Clarence A. fiolland, Councilwoman l@,leyera E. Oberndorf, J. Curtis Payne, Roger L. Rig'-s, Vice Nlayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Henry @IeCoy, Jr. 'S2,61 lTjdV Jo @'CP PjTql aqq uo 'UTUTZATA 'QOUDE UTUT2JTA 10 @4TO aq,-l 30 TTZ)UIIOD 9LI; Aq pa;dopv 'UOT4dop-c jo o4up uodn OATIO@JJO @q TTuqs UOTqnTOS@j SlqL 'JULUO-.-e'j UT S-,Ol IUOQ'eCpt oqq JO 40,91 091 uTtl;TA@ po;ona4suoo Oq 01- ST fuLPTTnq o@, .9 '-TULIO2'U'l UT SIOI JUT;UGPTSGJ @qq 0; ;UODUCPU P@PTAoid @q 04 ST aajjnq 4ooi 01 v 'T, 'SOTWOPEOV OUTPT'D 0; @UTUTU;aOd GDU'eu-[P.10 2U-EUOZ OATsuoqaadLuoD aq4 jo 'pC3 uoi4ooS 'Z OTO14JV q;Tm aoulTld(aoD c -@sn T-eTOaGLULUOO JOS PGPUOQUT oq s@T4TIToul @Iqu;s aq4 plnoqs @j'css@oau @q TTT,@ @DU'CUTPJO.u'cTd OITS @qq Aq PGJTnboa SM S4UOLU@AO@CWT PICPUU;s '@UTPJ-00q JO GdTq JOJ SOSaOq 'AUI@PUOE OUTPTA JOJ P@AoaddV .1 :l;u4s @Al;tj4s -TUILUPU Oqq @q P@aTnbai @q ITTM 2UTA@01101 0q; 'Puul aqq 10 asn popu-olu-l @qq 10 UOT;UT4TUT aq; oq joiad '4uuolTddE @qq JO U014'e-LUIOJUT Gq@ .1011 .q!Jnoaoo OUUV SSODUTad (S'eOIV T'CUIO,9-ej-umO-@POOA14V) UOT;O@a'P ATa@Zs'c@T4JO S@JO'C 9Z SUT-eqUO0 I@OlUd DTCS N U UT SSal 10 oaow ;Oo@. g6OZ So @ou-e4sip e Zuiuuni puu uoi-@QOJTP AlaG;S@Alql-aOK U UT 4G@l CT'069T TO 00uu;s'P t @'ituuni 'uoi;ooaip @TiaTsomqqnoS e UT ;00; cl-SIg Jo ODUL'ISIP l,' fUTUunj 'UOT40@JTP ATa@4S'C@qqnOS U UT 1, 10 OQUU;STP I 'I@@l LZ'96 ,e -9uTuuna 'UOT@DOaTp AlaG4soA@Ll@noS @ UT 4009 L6'609T lo @OUUISTP U IUT -uuna 'C')UTI A;.io@oad 'UaOIT4aoN OT41 @uol'2 ;oaj gg'ICO 10 @DU'C;STP U 1-UTuunj E)U'B'j SaO;UT'3d 10 qlaO@,T SSOI JO GJOLU 40@j og8 4UTod E ;C @UTUUT@oo @utq Sa@4UTU(I 10 A4TuIOJ4xO ua@;su-q @til 4" POluDOT A4.iC)doad UTe4j@o uo @lqcls 2UT .PTJ 'c JOJ 4TuIJOd @sll lBUOT4TPUOD tJQJ -,Ll2T-TA', I[O. A' ]:O UOTqcz)TlddV ;Ell; 'VIXTIDHIA 'HOVag VINIOUIA JO -&,LID HHL ZO 'TIONflOO HH.L @S CIHA'10saU IT Hg Glq,els @UTPTJ 'O JOS II@,IHHD HSD QVMOIIIGNOD V Uoa 6912Lt,OU IHDIUM XDIN 'M JO NOTIVDIqddV NOd2 NOI12702au :olqt4s 2UTPTa -e aOS a6d @s, 1eUOT;TPUOD U aOj )IOT@T '@'i 0 UOTD,'COTTdd,e uodn UOTlnlosai FUTMOTIOJ aq4 qdope 04 PG40A ITOunoo @4TO ITEM #11950 City Council provided $7,672,000 for constructing, improvin.-, and equipping school facilities in the $15.9 million Public Improvement Bond Issue, Series of 1977, date(i December 1, 1977. The School Board now has under constrijetion Creen PAun Senior Iliph, F@tirfield Elementary, Brandon Junior ITigh, White Oak Elementary, and Indian Lakes Elementary Schools, in addition to modernization of Virginia Beach Junior High and other school additions and improvements. The funds allocated in the bond issue for scliool purposes have been expended. However, tliere has not been an immediate demand for funds for several of the projects allocated for city r)ury)oses which amoudts could be transferred to the school needs. The following are the projects: Project No. Project Name 2-103 Newtown Road Phase I $ 28,298 2-300 Indian River Poad Phase I 167,751 2-302 Princess Anne Road Phase I 286,000 3-714 Dredging-Eastern Branch Lynnhaven River 456,955 2-900 Providence Road Phase IV 12,61)0 3-616 City Garage Expansion -996,939 4-305 Pleasure liouse Creek Boat Ramp 186,467 4-703 Sandbridge Restrooms 35,000 4-702 Brigadoon Area Park 50,000 3-714 King's Grant-Little ';eck Library 40,000 TOTAL @1,560,000 After considerable discussion, Councilman Payne made a motion, seconded by Councilman Baum, to approve on first reading the following ordinance amending an ordinance entitled "An ordinance authorizing the issuance of Public Improvement Bonds of the City of Virginia Beach, Vir-inia, in the maximum amount of $15,900,000, and rescinding aii ordinance authorizing the issuance of $7,000,000 Public Improvement Bonds adopted llarch 7, 1977. 'he recorded vote is as follows: Ayes: Councilmen John A. 3aum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, llayor Clarence A. liolland, Councilwoman @,leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @@layor Patrick L. Standing, and Floyd E. Viaterfield, Jr. Nays: None Absent: Councilman J. Henry McCoy, Jr. City Council voted to approve on first reading the following ordinance amending an ordinance entitled "An ordinance authorizing the issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $15,900,000, and rescinding an ordinance authorizing the issuance of $7,000,000 Public Iml)rovement Bonds adopted March 7, 1977: 4 / 3 / 7 8 IrafL 3/20/78 -14- AN ORDINANCE @IENI)LIIG AN ORDI.NANCE l@-INTITT,ED "AN ORDINANCE AI]TIIOI@IZING TIIE ISSUANCE OF PUJ@LIC I@IIDROVETIENT BONDS OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, IN TIIE MAXI@IUM AMOUNT OF $15,900,000, AND RESCINDING AN ORDINANCE AUTHORIZING TIIE ISSIJANCE OF $7,000,000 PUBLIC IMPROVEMEtl'l' BONDS ADOPTED ON MARCII 7, 1977" WHEREAS, the Council of tli(-@ City of Virginia Beach, Virgiriia, on July 11, 1977, adopted an ordinance entitled "An Ordinance Auttiorizing the Issuance of Public Improvement Bonds of the City of Virginia Beacli, Virgini.a, in the Maximum Amount of $15,900,000, and Resci-nding an ordinance Authorizing the Issuance of $7,000,000 Public linproverleilt Bonds Adopted on March 7, 1977" to authorize tlie issuance of bonds (the Borids) on the general c@-edi-t of tlie City to provide funds for the following purposes: Planning, s-ite acquisition and improvements, constructioii, enlargements, renovation and equ@.pp2-iig of school facilit3'-es $ 7,672,000 Improve and extend streets and highways, incltiding right-of-way acquisition 1,523,156 ConE,trL,ct oil a,,id of sii, f,;co- drainap,c-, s@st(-,,Ils 7 1 2, C@ Dred,,,ii)g of l,y,,irt'-Iaven R@.vcr 457,000 Planning, site acquisiti,on and j-mprovements, construction, enlargeiiients, rcnovation and equipping of municipal buildiiigs, including arts ar@d conference center, correctional facility, grol-ITids maintenance headquarters and storage buildiiig, fire stations, scliool admi-ni-stration building, ollerations biiij 4n-, 1- cl- motor veliicl- pira(,e f@Lcj hezil-tli dc,- partifient buildirii, and brnnch '@ibrery 3,283,5t')6 Planning, site acquisition and improvements, construction, renovation and equi-pping of parks and recreation facilities, ine'luding boat ramp, parking facilities, fabrication 1 5 - shop, community center and rest rooms 2,251,390 Total $15,900,000: an (i WHEREAS, the Bonds have been issued and sold and no approval of the issuance of the Bonds by voters of the City or any other body was required or obtained; and W]IEREAS, thc-, current cash requirenients on the contracts to improve, construct, enlarge, renovate and equip school facilities exceeds the $7,672,000 allocated for improvements for school facilities; and WHEREAS, the City Managc@r has recomniended that a portion of the amounts allocated for street and highway improvements, the dredging of the Lynnhaven River, the acquisition, coiistruc- tion and eqtiipping of municipal buildings and the acquisition and construction of parks and recreation facilities be used instead to increase the amount authorized for school facilities froni $7,672,000 to $9,232,010, and that funds for such projects in amolints equal to the aiuounts reallocated for improvements for school facil-itic@s be i-)rovi(Icci froii futurc, bo.,icl issues. BE IT 01@'D ITI@LL) I,?y 'J'IIE COU,@-TL, 01,' Till@ CITY 01,' VIRCI"-' BEACII, VIRCINIA: 1. It is hereby determi.lied that it is desirable for the City of Virginia Beach to reallocate the proceeds of the Bonds authorized for street and highway improvements, the dredging of the L,,nnhaven Rivc-,r, tlie. acqui-sition, constr'LICtion and Qqiiippiii-. of municipal buildings atid acquisitioii and constructioii ()f 7- - 1 6 - 3 parl@s and recreation @-aciliti-es to T)rovide an additi-onal $1,560,010 for school facilities. 2. The purposes for which the Bonds were authorized are hereby amended to read as follows: Planiiing, site acquisition and improvements, construction, enlargements, renovation and equipping of school facilities $ 9,232,010 Improve and extend streets and higliways, including right-of-way acquisition 1,028,507 Construction and ileprovements of surface drainage systems 712,888 Dredging of Lynnhaven River 45 Planning, site acquisition and improvements, construction, enlargements, renovatic)n and equipping of mtinicipal buildiilg,-, including arts and conference center, correctional facility, grounds maintenalice headquarters and storage building, fire stations, school administration bliilding, operations building, motor vehicle garage facilities, health de- partment building and branch library 2,946,627 Planning, site acquisition and improvements, construction, renovation and equipping of parks a.nd recreation facilities, including boat ramp, parkiiig facili-lies, inclilding boat ramp, parking facilities, fabrication shop, con@iiuiiity certer and rest rooms 79,923 Total- @$15,900,000 t@ny ainounts not iieeded for any such litirposes Eiay be used @@or any other sucli purposes. FIRST READING: SECOND PEADING: - 1 8 - At a meeting of tlie City Council of Virginia Bcach, Virginia, lield this day of 19 the following resolution was adopted: WliERLAS, the Higbtvay Department proposcs to construct or otherwise improve a section of roadway from the east corporate limits of Norfolk and the west corporate linits Of the City of Virginia Betch to 0.006 miles west of the intersection of South Parliament Drive; designated as Iligliway Project: 0165-134-102, PE-101, C-SO1, RW-201; and, t'@ie City Cowici" is responsible for iiiakiiig arrai-igemeiits L@or tlie a(ijustlileiit and/or relocation of certain utili-ties and for tlie installatioii of ai-iy now facilities; NOW, TI]EREFOPE, BE IT RESOLVED, that the City Council of Virginia Beach hereby certifies that all arraiigements have been made or will be made for the relocation and/or adjustment of said utility facilities, and for the i.nstallation of any now facilities. In the event of any jltstifiable claims from the road contractor for delays or interference caused by said utilities, the City of Virginia Beach hereby agrees to be Tesponsible for said claims, provided it may legally do so and further p-rovided that the City is advised in writing by the Higliway Departnent at the tiine of del.ay that tlie road contr,,Ictor intends to file a claim, Said u'c@iliti.es are i(lentifiei a-@ folloi@s: lit i I i ty ii(., r City of Virgini.a Beach lvqter Tlie Chesapeake and Potoinac Telephone Conq)any of Virginia communicati.on Virginia Electric and Power Compaiiy Electrical and Gas tlanpton Roads Sanitation District Commission Sewer Kempsville Utilities Corporation Sewer A copy teste: Clerk Mayor City of Virginia Beach - 1 7 - ITE71 #11951 On rnotion by Councilman Ferrell, seconded by Mayor Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. @@Vaterfield, Jr. Nays: None Absent: Councilman J. Henry McCoy, Jr. City Council voted to adopt the following resolution covering utility adjustments on the Princess Anne Road - Phase I - Project. This pro- ject includes the section of Princess Anne Road from Newtown Road to South Parliament Drive: 4 / 3 / 7 8 ITEM W@196-52 Mr. Stanley A. Phillips, Attorney, represented several businesses located on the East side of First Colonial Road, however, Mr. Phillips stated he did not represent the lfilltop Square Shopping Center. Mr. Phillips also presented petitions to Council, copies of which are on file in the Office of the City Clerk. On motion by Councilman Griffin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilnien John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John P. Griffin, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Pa5,ne, Roger L. Riggs, Vice @,layor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Henry McCoy, Jr. City Council voted to adopt the following resolution requesting the Virginia Department of Highways and Transportation to proceed with the advertisement for construction bids for First Colonial Road from Will-O-Wisp Drive to 0.094 miles South of Virginia Beach Boulevard, with the following request being added: 1. Requesting a median cut to allow entrance to businesses on the east side of First Colonial Road for southbound traffic. 2. When and if this median cut becornes a safety hazard, the cost for closin@ the median cut will be borne by the businesses on the east side of First Colonial Road. 4/3/78 ----------- - 2 0 - R E S 0 L U T I 0 N WHEREAS, a Public Hearing was conducted on February 1, 1978, in the City of Virginia Beach by representatives of the Commonwealth of Virginia, Department of Highways and Transportation after due and proper notice for the purpose of considering the proposed location and design of First Colonial Road from Will-0- Wisp Drive to 0.094 Mile South of Virginia Beach Boulevard, State Project UOOO-134-113, PE-101, RW-201, C-501; in the City of Virginia Beach at which Hearing aerial photographs, drawings and other pertinent information were made available for public inspection in accordance with State requirements, and WHEREAS, all persons and parties were afforded full opportunity to participate in said Public Hearing, and WHEREAS, representatives of the City of Virginia Beach were present and participated in said Public Hearing, and WHEREAS, the Council had previously requested the Virginia Department of Highways and Transportation on February 14, 1977 to program this project, and WIIEREAS, 'L-.he Council consi(lered al.1 such itiattcrs. TliEREFORE, BE IT RESOI,VED that the Council of the City of Virgi.nia Beach hereby approves the location and major design features of the proposed project as presented at the Public Hearing and the Virginia Department of Highways and Transportation is hereby requested to proceed with the advertisement for 2 1 - construction bids for First Colonial Road from Will-O-Wisp Drive to 0.094 Mile South of Virginia Beach Boulevard as presented at the aforementioned Public licaring. ITFM #-li6@3 On motion by Councilman Griffin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, ilayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Alayor Patrick L. Standing, and Floyd L. V,aterfield, Jr. Na@7S: None Absent: Councilman J. Henry mccoy, Jr. city Council voted to adopt t',ae following resolution covering utility adjustments on the on the First Colonial Road project from I;ill-O-WiSP Drive to 0.094 miles south of Virginia Beach Boulevard: 4 / 3 / 7 8 2 3 - At a meeting of the City Council of Virginia Beach, Virginia, held this Third day of April 19 78 , the following resolution was adopted; WBEREAS, the Highway Department proposes to construct or otherwise improve a section of roadway from the intersection of Will-O-Wisp Drive to 0.094 miles south of Virginia Beach Boulevard designated as Highway Project UOOO-134-113, RW-201, C-501; and WHEREAS, the City Council is responsible for making arrangements for the adjustment and/or relocation of certain utilities and for the installation of any new facilities; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Virginia Beach hereby certifies that all arrangements have been made or will be made for the relocation and/or adjustment of said utility facilities, and for the installation of any new facilities. In the event of any justifiable claims from the road contractor for delays or interference caused by said utilities, the City of Virginia Beach hereby agrees to be responsible for said claims, provided it may legally do so and further provided that the City is advised in writing by the Highway Depart- ment at-the time of delay that the road contractor intends to file a claim. Said utilities are identified as follows: Utility Owner Type of Facility City of Virginia Beach Water and Sewer The Chesapeake and Potomac Telephone Company of Virginia Communication Virginia Electric and Power Company (Distribution, Gas, Power Transmission) A copy teste: Clerk Mayor City of Virginia Beach 4 3 7 8 2 4 - At a meeting of the City Council of Virginia Beach, Virgilnia, held this Third day of Apri I , 19 78 , the following -resolution was adopted: WHEREAS, the Highway Department proposes to construct or otherwise improve a section of roadway from the east corporate limits of Norfolk and the west corporate limits of the City of Virginia Beach to 0.006 miles west of the intersection of South Parliament Drive; designated as Highway Project: 0165-134-107, PE-101, C-501, RW-201; and, ""'"'AS, the City Cowici' is responsible for iiaking arrangeinents for tlie adjustineilt and/or relocation of certain utilities and for the installation of any new facilities; NOW, THEREFORE, BE IT PESOLVED, that the City Council of Virginia Beach hereby certifies that all arrangements have been made or will be made for the relocation and/or adjustment of said utility facilities, and for the installation of any new facilities. In the event of any justifiable claims from the road contractor for delays or interference caused by said utilities, the City of Virginia Beach hereby agrees to be responsible for said claims, provided it may legally do so and further provided that the City is advised in writing by the Highway Department at the time of delay that the road contractor intends to file a claim. Said utilities are identified as follows: tility Owner T),pe of Facility City of Virginia Beach Water The Chesapeake and Potomac Telephone Company of Virginia Communication Virginia Electric and Power Company Electrical and Gas flanpton Roads Sanitation District Commission Sewer Kempsville Utilities Corporation Sewer A copy teste, Cl?rk City of Virginia Beach 4 3 7 8 2 5 - R E S 0 L U T I 0 N :WHEREAS, a Public Hearing was conducted on February 1, 1978, in the City of Virginia Beach by representatives of the Commonwealth of Virginia, Department of Highways and Transportation after due and proper notice for the purpose of considering the proposed location and design of First Colonial Road from Will-0- Wisp Drive to 0.094 Mile South of Virginia Beach Boulevard, State Project UOOO-134-113, PE-101, RW-201, C-501; in the City of Virginia Beach at which Hearing aerial photographs, drawings and other pertinent information were made available for public inspection in accordance with State requirements, and WHEREAS, all persons and parties were afforded full opportunity to participate in said Public Hearing, and WHEREAS, representatives of the City of Virginia Beach were present and participated in said Public Hearing, and WHEREAS, the Council had previously requested the Virginia Department of Highways and Transportation on February 14, 1977 to program this project, and WHEREAS, the Council considered all such matters. THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach hereby approves the location and major design features of the proposed project as presented at the Public Hearing and the Virginia Department of Highways and Transportation is hereby requested to proceed with the advertisement for 4 / 3 / 7 8 2 6 - construction bids for First Colonial Road from Will-O-Wisp Drive to 0.094 Mile South of Virginia Beach Boulevard as presented at the aforementioned Public Hearing. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third day of 1 , 1978 The following were also requested by the City: 1. Requesting a median cut to allow entrance to businesses on the east side of First Colonial Road for southbound traffic. 2. When, and if this median cut becomes a safety hazard, the cost for closing the median cut will be borne by bye businesses on the east side of First Colonial Road. 4 / 37 8 2 7 - At a meeting of the City Council of Virgiiiia Reach, Virginia, held this day of , 19 , the following resolution was adopted; WHEREAS, the Highway Department proposes to construct or otherwise improve a section of roadway from the intersection of Will-O-Wisp Drive to 0.094 miles south of Virginia Beach Boulevard designated as Highway Project UOOO-134-113, RW-201, C-501; and WHEREAS, the City Council is responsible for making arrangements for the adjustment and/or relocation of certain utilities and for the installation of any new facilities; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Virginia Beach hereby certifies that all arrangements have been made or will be made for the relocation and/or adjustment of said utility facilities, and for the installation of any new facilities. In the evelit of any justifiable claims from the road contractor for delays or interference caused by said utilities, tlie City of Virginia Beach hereby agrees to be responsible for said claims, provided it may legally do so and further provided that the City is advised in writing by the Highway Depart- ment at the time of delay that the road contractor intends to file a claim. Said utilities are identified as follows: Utility Owner Type of Facility City of Virginia Beach Water and Sewer The Chesapealce and Potomac Telephone Compaiy of Virgi.nia Communication Virginia Electric and Power Coml)any (Distri.btitj.on, Gas, Power Transmission) copy teste: lerk Mayor City of Virginia Beach ITEM -,'11954 -28- The following bids have been received for the construction of a sewage pumping station at 19th Street: Crowder Contracting Company $132,700.00 Luke Construction Conipany 136,600.00 GAVCO Corporation 148,500.00 -0i'. B. Meredith, II, Inc. 160,800.00 Basic Construction 174,500.99 On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Georf,e R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Curtis Payne, Roger L. Riggs, Vice iliayor Patrick L. Standin,.-, Floyd E. IVaterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent: Councilman J. Henry McCoy, Jr. City Council voted to approve the low bid of Crowder Contracting Company, in the amount of $132,700.00 for the construction of a sewerage pumping station at 19th Street; and further autliorized the City Manager to contract with this firm for the construction of the project. 4 / 3 / 7 8 - 2 9 - ITEM #11955 Tile folloiving bids have been received for the roadivork/iitilities construction on 19th Street, Parks Avenue and the Norfolk/Virginia Beach -loll Road: Ashland-V,Iarren, Incorporated $1,071,495.95 Contractors Paving Co-mpany, Inc. 1,107,623.70 Asphalt Roads and Materials Co., Inc. 1,241,382.27 On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Alayor Clarence A. Holland, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patricl: L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent: Councilraan J. Henry McCoy, Jr. City Council voted to approve the low bid of Ashland-Warren, Inc., in the amount of $1,071,495.95, for the roadwork/utilities construction on 19th Street, Parks Avenue and the Norfolk/Virginia Beach -oll Road; and further authorized the City @lanaf,er to contract with this firm for the construction of the project. ITEM #11956 Oii motion by Councilman Ferrell, seconded by ?,@layor Ifolland, and by recorded vote as follows: Ayes: Counciluien John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, Councilworian P,Ieyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @,layor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: l@one Absent: Councilrnan J. Henry McCoy, Jr. City Council voted to approve the following ordinance to amend and reordain Section 24-5 of the Code of the City of Viriinia Beacil, Virginia, relating to records of Loans or Tratisactions of Pawnbrokers: 4 / 3 / 7 8 Requested by: City Manager -30- AN ORDINANCE TO AMEND AND REORDAINE SECTION 24-5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO RECORDS OF LOANS OR TRANSACTIONS OF PAWNBROKERS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 24-5 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 24-5. Records of loans or transactions of pawnbrokers generally. A. Every pawnbroker shall keep at his place of business a book or books, in which shall be fairly written in English, at the time of each loan or transaction in the course of his business, an accurate account of such loans or transactions, setting forth: (1) A description of the goods, article or thing pawned or pledged or received on account of money loaned thereon; (2) The time of receiving the same; (3) The amount of money loaned thereon at the time of pledging the same; (4) The rate of interest to be paid on such loan; (5) The name and residence of the person pawning or pledging the goods, article or thing, together with a particular description of such person; (6) The terms and conditions of the loan, including the period for which any such loan may be made; and (7) All other facts and circumstances respecting such loan. B. The Chief of Police shall promulgate regulations specifying the nature of the particular description for the purposes of (5) above. The Chief of Police shall promulgate regulations specifying the nature of identifying credentials of the person pawning or pledging the goods. Such cre- dentials shall be examined by the pawnbrokers, and an appropriate record retained- thereof. Adopted by the Council of the City of Virginia Beach, Virginia, on the @r day of , 1978. For state law see Section 54-851. Code of Virginia, as amended. MES/ci 2/3/78 4 / 3 / 7 8 ITE@l #11957 -31- On motion by Vice Mayor Standing, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilnien John A. Baum, Robert B. Cromwell, Jr., Geor-e R. Ferrell, John R. Griffin, ivtayor Clarence A. Ilolland, Couiicilwoman @leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice llayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilinan J. Henry McCoy, Jr. City Council voted to reappoint the following to the Historical Review Board for terms of two years, beginning, April 1, 1978, and terminating @larch 31, 1980: D4rs. Catherine @4iller Mr. IIErbert I,. Smith, III ITENI #11958 On motion by Councilman Waterfield, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Poger L. Ri.-gs, Vice Alayor Patrick L. Standing, and Floyd E, 'Vat(-'rfield, Jr. Nays: None Absent: Councilman J. Henry McCoy, Jr. City Council voted to appoint Mr. Bruce E. Bright to the Pendleton Project Management Board to fill the vacancy of Mr. Gordon W. Turner, who retired on @larch 31, 1978. ITENi @11959 On motion by Councilman Griffiii, secondec, by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George Ferrell, John R. Griffin, Mayor Clarence A. lfolland, Councilwoman @leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Nlayor Patrick L. Standing, and Floyd E. liaterfield, Jr. Nays: None Absent: Councilman J. Henry McCoy, Jr. City Council voted to approve the request of Councilman Griffin to appoint a Blue Ribbon Committee to discuss the water system with t,ie City of Norfolk, without discussing a merger or swapping of land. ITEM #11960 Mayor Holland stated that there will be a budget briefing with the Doctor E. E. 3rickell, Superintendent of Schools, on Thursday April 13, 1978, at 7:30 p.m., in the City Council Chambers. ITEM @-11961 On motion by Councilman Ferrell, seconded by Councilman Riggs, and by acclamation, the nieeting adjourned. erk Tlay-or arence A. City of Virginia Beach,