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HomeMy WebLinkAboutAUGUST 27, 1972City Council approved the above application of Lee A. Gifford for a Use Permit to construct 28 townhouses on certain property located East and West of Donati Dr ive: Parcel 1: Use Permit to construct 9 townhouses: On certain property located at the Northeast corner of Donation Drive and Drum Castle Court, running a distance of 135 feet along the East side of Donation Drive, running a distance of 218 feet along the Northern property line and running a distance of 147 feet along the Eastern property line; said parcel contains 0.929 acres. Parcel 2: Use Permit to construct 8 townhouses: On certain property located at the Northwest corner of Donation Drive and East Honeygrove Road, running a distance of 125 feet more or less along the West side of Donation Drive, running a distance of 226 feet more or less along the North side of East Honeygrove Road, running a distance of 185 feet along the Western property line and running a distance of 313 feet along the Northern property line; said parcel contains 0.829 acres. I . Parcel 3: Use Permit to construct 11 townhouses: Op~ certain property located at the Southwest corner of Donation Drive an~ East Honeygrove Road, running s distance of 249 feet along ~he West gide of Donation Drive, running a distance of 200 feet along the South side of East Honeygrove Road, running a d~istance of 329 feet along the lgestern propert line and running a distance of 222 feet along the SoUthern property line. said parcel contains 1.102 acres (Old. Donation Manor Area) Bayside Boroug Approval of the above application is subject to standard subdivision require- ments as required by the Engineering Division; subject to open space and recreation area being provided as required by the Recreation Department; and approval is further subject to participation in school site acquisition ITEH #4962 ~,~,'.~¢~ fop a nursery (baby s~tting Said parcel 'Is ~ ..... -".,n as Lo~',~ '~' The Plm'.nng Commission recm~ends ahFroval of thcs reques% sdb .... ~t to standard b ~, J.'~nfi must cenf'orm to ~' ""' dL~ t [ u~ F~:[~ Code ' ..... Mr. Gomez indicated that he had received a letter from Mr. Joe Canada request- ing withdrawal of the above application. On motion by Councilman Callis, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen. John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervi George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Halbon, Curtis rayne, Mayor Dona]d II. Rhodes, and Floyd E. Waterfield, Jr. Nays: None bsent: Counc-.ilman Robert 1~. Cromwe]l, ,Jr. City Counc:il approved thc:; w: i~drawal of the above application of Margaret B. Lies .for ~ Usc Perm:it for ;~ ~'t:,'sery (baby sitt:ing service) on certain property beginn.i.n;: a-~--'[i'-p'3':[~':[:--130 :fT¢,~:-.z lJasl: oF Baktic Avenue; saJ_d parcel is known as Lots 22 and 24, l:~:]ock 44, V.irginja I~cach l)eveloi)ment Corp., Hap 6, and con~ -- ~ .J ]' a c ITEM t/4965 of l;;~; fee~ ''~ ', the '' ...... ' feet t;~c~re or less. (Indian i,~ivcr i?C:~:t(:.s Area). The Pl~;~nntng Co,~'~nission m~co?~mends d~:nial of tMs request due to the opposition of ~h? residen%s of the area, Mrs. Mildred Thomas, representing Sherry Park Women's Club, appeared in opposition, to the above application. Mr. Gomez indicated, that they had received a letter from the applicant requesting withdrawal of the above application. On motion by Councilman Ferrell, seconded by Councilman Gardner, and by record. vote as fo21ows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., V2ce Mayor F. Reid Ervi: George R. Ferrell, Charles I'~~. Gardner, Clarence A. Holland, D. Murray Malbon, Curtis Payne, Mayor Donald ti. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council denied the above application of Pizza's of Hampton, Inc., for a Use Permi_t for dancing and live entertainment on certain property beginning at a point 1.50 feet East of Sandra Lane, running a distance of 154.37 feet .~%long the South side of Indian River Road., running a distance of 150 feet long the Eastern property line, running a distance of 154.37 feet along the outhern property line and running a distance of 150 feet along the Western property line. Said parcel contains 23,250 square feet more or less (indian River Estates Area.) Kempsville Borough. The above application was denied due to the traffic that would be generated from the place of entertainment in an area already heavily traveled by cars and children on foot. ITEM #4964 On motion by Councilman Gardner, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., Vice Mayor F. Reid Ervi: George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Curtis Payne, Mayor Donald ~t. Rhodes, and Floyd E. Waterf2eld, Jr. Nays: None Absent: Councilman Robert B. Cromwell, .Jr. In conjunction with th.e proposal of PubIic Administration Services for a study of th.e revenue structure and the financial planning of the City of Virginia ~each as they relate to the developmen~ of the City and provision of municipal ervices accepted by City Council on August 14, 1972, City Cot]ncil approved on econd read i. ng an appropriation in the ~not~nt of $16,000. as the maximum cost o.f services to be performed by Public Administration Services in the proposed Cost ]3enefit Study. I'l'K?,l #4965 On motion by Vice Mayor ]irvin, seconded by Councilman Gardner, and by recordec~ vote as follows- Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervi George R. Ferrell, Charles W. Gardner, Clarcnce A. }tol]and, D. Murray Malbon, Curtis Payne, Mayor Donald ti. Rhodes, and Floyd. E. Waterfield, Jr. Nays: None ~--~bsent: Councilman Robert B. Cromwell, Jr. ity Council approved on second reading an appropriation in the amount of ~2,200. from the Reserve for Contingencies to purchase from Mr. John W. Nelson the right of way for the curve at 58th Street and Holly Avenue which presently encroaches on Mr. Nelson's private property. (COUNCILMAN CALLIS LEFT THE COUNCIl, CHA?4BERS) ITEM #4966 , On motion by Councilman Ferrell, seconded by Councilman Gardner, and by record vote as follows: , Ayes: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Cur.tis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent' Councilmen Robert H. Callis, Jr. and Robert B. Cromwell, Jr. .~At the close of business on June 30, 1972, the City had outstanding purchase rders totaling $466,386. This represents purchases which had been contracted or, but for which bills had. not yet been received at the close of the fiscal ~ear. Since these contracts will be paid in the Fiscal Year 1973 budget, City Council approved on second reading thc; reappropriation of the unexpended budgetary balances from the Fiscal Year 1972 as follows: General Fund Water & Sewer Fund Data Processing Working Capita1 Fund Virg]ni~ Beach Special Revenue Fund Total appropriation $425,040.00 40,507.00 650.00 189.00 ST , 0 0 ITEM #4967 On motion by Councilman Gardner, seconded by Vice Mayor Ervin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Ma]bon, J. Curtis Payne, Hayor Donald tt. Rhodes, and Floyd L:. Waterf~eld, Jr. Nays · None bscnt: Counci]met~ Robert H. Call. is, ,Ir. and Robert B. Cromwell, [Ir. il:y Counci] approved on second reading a contribution t.o the I)rug Focus Committee Jn the amounL o.[ $350.00 t.o cover certa, in clerical expenses necessai'y for their contint~ed operation. This contr~but:ion is funded as a "contr~l)ut4on to the I)r~g Focus Committee" 'in l)udp, et Account. ~1010-521, and is s~bject to year end audit. ~TEH #4968 On motio~ by Councilman Gardner, seconded, by Councilman Malbon, and by recorde vote as follows: Ayes: Councilmen John A. Ba. um, Vice Hayer F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray 'Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Non o _a!~sent: Councilmen Robert H. Callis, Jr. and Robert B. Cromwell, Jr. lty Council approved a correction to the Minutes of August 7, 1972, Item No. ~892. The corrected motion reads as foIlows: City Council unanimously approved Phase III, Oceana West Industrial Park nnd granted permission to the Virginia Beach Industrial Develop- ment Authority to sign agreements in its behalf for property; subject to the approval of the City Attorney. In addition the City Council approved a loan commitment by the City for the sum of $812,000 to the Virginia Beach Industrial Authority, of which $250,000 must be met by the end of the calender year 1972 and $562,000 by January 1, 1974, the loan is to be made from excess capital funds. The loan carries an interest rate similar to current market interest rates on City Bonds, plus 1/2 of 1 percent. (COUNCILMAN CALLIS RETURNED TO COUNCIL CHAMBERS) ITEM #4969 On moti~on by Vice Mayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: -~es: Councilmen John A. Baum, Robert ti. Callis, Jr., Vice Mayor F. Reid Ervi: eorge R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, urtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council appointed the following.to the Board o~'~_ Electrical Examiners for a three (3) year term beginning July 1, .1972 and expiring June 30, 1975: Joseph M. Dodd - Electrical Contractor H. D. Smith Electrical. Contractor B. }1. Bowman - Electrical Engineer W. O. Faison - VEPCO Engineer Royden Snuffin - Electrical Inspector ITEM #4~70 On motion by Councilman Gardner, seconded by Councilman Holland, and by record~ vote as follows: Ayek: Counci]men John A. Baum, Robert }t. Callis, Jr., Vice blayor F. Rei'd Ervi~ (--C. eprge R. Ferrel], Charles W. Gardner, C].arence A. Itolland, D. Murray Malbon, nrt~s Payne, Mayor Dona]d If. Rhodes, and Floyd E. Waterfie]d, Jr. ~ a);$: Nono Al)sent: Counci]man Robert B. Cromwell, City Council authorized the Chairm:tn of the Virginia Beach MentaI llealth and blental Retardal:Jon ServJce~ Board to enter into two (2) cont,'act, s; one with the 1)el~artn)ent of lfclfar~ & In:~ttitutions and one with the Un:ired Con)munit_ies Fund rcoar~tinp,~, , serv:ices for develoI)me~,tal ira:ining and ;mci] lary services For menta]-I y retarded chiJ d-ten. ITEM #~971 On motion by Councilman Waterfield, seconded by Councilman I[o].land, and by recorded vote as follows' Ayes- Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervi George R. Ferrell, Charlcs W. Gardner, Clarencc A. Holland, D. Murray Malbon, Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: bsent: None Councilman Robert B. Cromwell, Jr. In accordance with the request of the Building Advisory Committee, City Counci approved an appropriation not to exceed $8,000. to provide for architectural services and preliminary feasibility desJ. gns of additions to the offices of th City Treasbrer, the Commissioner of Revenue, the Clerk of Circuit Court and th Health Department Building. ITEH #4972 Mr. Donald H. Spitzli, Jr. appeared on behalf of the YWCA p?titioners for the subject street closure. On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote a.s follows' Ayes: Councilmen John A. Baum, Robert H. Ca. llis, Jr., Vice Mayor F. Reid Ervi George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Curtis Payne, Mayor Donald 1t. Rhodes, and. Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. ity Council approved the following Ordinance relative to closing a portion f Ocean Avenue in Lynnhaven Borough: ORI)INANCE CLOSING, VACATING AND DISCONTIN[IIN'G A PORTION OF OCEAN AVENUE ' A LYNNHAVEN 13OROUGH, CiTY O1[;' V'iRG'[NIA BE CJI, VIRGINIA WHEREAS, proper notice that the Young Wonnen's Christian Association of Tidewater Areas of Virginia (formerly Young Women's Christian Association of Norfolk), would make application to the City Council of the City of virginia Beach, Virginia, to have the hereinafter portion of Ocean Avenue closed, vacated and disconti]~ued as a public street of the City of Virginia Beach, was duly posted; and WHEREAS, the land proprietors affected, thereby have been duly notified; and WHEREAS, said application was made to the City Planning Conanqission and to the City Council and pursuant to the statutes in such cases made and provided, the Council appointed viewers who have reported to the Council that no inconvenicnce to the public or to private individuals would result fron~ sucB closing, vacation and discontinuance; and WHEREAS, the City Planning Conxmission after proper notice and hearing, has reported thereon to the Council;~nd WHEREAS, it is the judgment of the Council. that said portion of Ocean Avenue should be closed, vacated and discontinued; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the certain portion of said street described as follows in the Lynnhaven Borough of the City of Virginia Beach, Virginia, is hereby closed, vacated and discontinued as a public street of the City of Virginia Beach, Virginia, said ceriain portion of said street not being needed for public use and travel: ALL that certain portion of Ocean Avenue, lying immediately north of Lots 1 through 6 inclusive, Block A as shown on the plat entitled "gynnhaven-,Beach Annended Map Of Property of Lynnhaven Beach and Park IOrincess Anne County, Virginia", dated ].9]3, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5 at Page 71, situate and being in the City of Virginia Beach, Virginia, and being more particularly bounded and described as follows: BEGINNING at a stone at the southeast intersection of Avenue A with Ocean Avenue, the same being the northwest corner of Lot 1, BlockA, on the aforementioned plat, running thence in a northerly direction N 5° 21' W 100 feet to a point in the northern side of Ocean Avenue where the eastern side of Avenue A, if extended, would intersect the northern line of Ocean Avenue; thence turning and running in an easterly direction N 84° 39' E 300 feet to a point in the northern side of Ocean .Avenue where the western side of what was forn~erly Seventh Street, if extended, would intersect the northern line of Ocean Avenue; thence turning and running in a southerly direction S 5° gl.' E 100 feet to a point, the same being the northeast corner of Lot 6, BlockA on the aforemen- tioned ?lat; thence turning and running in a westerly direction along the southern side of Ocean Avenue S 84° 39' W 300 feet to a stone, the point of beginning aforesaid. Section g. That thirty (30) days after this date a copy of this Ord'[nance, certified by the Clerk, be spread up.on the public records in the Clerk's Office of the Circuit Court of this City and indexed in like manner as a Deed to Lands. r Adopted by the Council of the CSty of Virginia Beach, Virginia, on the 21st day of August , 1972. . E~ ] T E H # 4 9 7 3 On motion by Councilma. n Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert I.I. Callis, Jr., Vice Hayor F. Reid ErvJ George R. Ferrell, Charles W. Gardner, Clarence A. }[olland, D. Hurray Malbon, Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. ays: None ..bsent: Councilman Robert B. Cromwell, Jr. City Council adopted the following Resolution requesting the City of Norfolk to make connections and to furnish water through a proposed water system located at Windsor Oaks West Apartments, Kempsville Borough: E A RESOLUTION R_,QUESTING THE CITY OF NORFOLK TO make connections and furnish water t~rough a proposed water system 'located at Windsor Oaks West Apartments in the City of Virginia Beach, further described below. WHEREAS, it is pror~osed by the City of Virginia Beach, at the request of the Windsor Holland Company, to extend proposed water mains in accordance with the existing contract between the City of Virginia Beach and the City of N rfolk, in Windsor Oaks k'est Apartments, li~ad as follows: Size of Pipe Lineal Feet # of__J}}.xdrants 6" 1823 6 4" 485 Ail as described and sho~m on plans entitled "Site development · plans of Windsor Oaks West apartments" as prepared by Talbot, Wezn~ers, and Associates, Ltd., Virginia Beach, Virginia. NOW, THE1KEFOR. E, BE IT RESOLVt:;D, that the City Of Norfolk be and it hereby is requested to ~nake a connection of ti~e proposed water n~ains with the present ma{ns of said Cits~ at ~he said designation, and upon completion of the installation of the proposed mains, to supply xvater to co~sunters residing thereon, it being e×pressly understood and agreed that the supplying, of said water by the City of Norfolk sh. all be up'on and subject to the following terms and conditions: 1. That the said water mains shall be installed in accordance with the specifications of the said City of Norfolk and to the satisfaction 0. f the Director of l~ub].ic Works of said City, at no cost to the City of Norfolk. 2. That the water so supplied through said npains to consu~n~ers shall be at the same rate now, or hereafter, ct,arved by the City of Norfolkito ~ consumers beyond the limits of said City similarly situated, i 3. That a11 ordinances of the City of Norfolk and all rules and. regulations of the Division of Water Supply of said City, now or hereafter adopted and put into effect, relating to the furnishing of ,, ~ ,, ~..a~er shall.apply to the supplying of water through the said proposed n~ains. 4. That the said City of Norfolk shall be under no obligation to furnish more water than its distribution system as now' laid; with the pressure carried, will deliver into said z'nains, and if the said supplying of water shal], not be in accordance with the standard service, the said City of Norfolk shall not be held responsibJe in any way. 5. That in supplyin~ water to consumers along the said proposed rnains, the City of Norfolk will supply the same only from its surplus supply, and that in no event shall there be any obligation on the part of said City to supply %vater to any consun~ers along the proposed n:ains at any time when, in the judgen~ent of the Council of the said City of Norfolk, the said City shall not have sufficient supply for use within its corporate limits, or whenever the suppLyina of said water shall interfere with the discharge of the duty of said-City to supply water to its own inhabitants. 6. That from. and after the installation of the water n~ains a'nd hydrap, ts they shall becon~e the property of the City of Virginia. Beach. The City of Virginia Beac~h shall grant to the City of Norfolk the right to use such mains and hydrants for the supply of water, and further grants to the City of Norfolk ready' and reasonable access to them. 7. That for any fire hydrant installed at the request of the City of Virginia Beech, a rental payment of One Hundred Dollars ($100.00) a year for each hydrant shall be paid to tb.e City of No.rfolk. AD,©PT~ J3Y Tt-.~![C COI.~NCIL of thc City of:Virginia Beach, ';)'/'i' day of Virginia this ]T]3I #49174 On motion by Councilman Holland, seconded by Councilman Malbon, and by recorde vote as £ollows: Ayes: Councilmen .John A. Baum, Robert ff. Callis, Jr., Vice Mayor F. Reid Ervi George R. Ferrell, Charles W. Gardner, Clarence A. l~olland, D. Murray Halbon, Curtis Payne, Mayor Donald If. Rhodes, and Floyd E. ]~'aterfield, Jr. Nays: None .~sent: Councilman Robert B. Cromwell, Jr. _ty Council noted its intention to hold a closed meeting on Monday, August 28 · J72, Tuesday, August 29, 1972, and Friday, September 1, 1972, for the purpose of discussing items permitted for discussion under the Freedom of Information Act of the Commonwealth of Virginia. ITEM ~4975 Mayor Rhodes reminded the Councilmen of the Special Meeting on Tuesday, August 29, 1972, at 11:00 a.m. for the purpose of receiving bids on the proposed bond issue and the Special Meeting on Friday, September 1, 1972, at 9:00 a.m. for the purpose of reorganizat5on of the Council. ITEM #4976 On motion by Councilman Gardner, seconded by Councilman Waterfield, the meetin. adjourned. ' '('~4~ ' ,'% ~--~, '~' [chard J. Webbon, City City of Virginia Beach, Virginia August 21, 1972 //, ~. :i' :.'.,: ,,>. ,,. .... ~-~-ald H. Rhodes, Mayor MINUTES OF TltE HONORABLE CITY COUNCIL OF TtIE CITY OF VIRGINIA BEACH, VIRGINIA August 28, 1972 he regular meeting of the Council of the City of Virginia Beach, Virginia was eld in the Council Chambers in the Administration Building in the Borough of Princess Anne, on Monday, August 28, 1972, at 2:00 p.m. The invocation was given by Reverend Malcolm F. Yaple, Saint Andrew's Methodisl Church, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervi'n, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilmen absent: None ITEM #4977 On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorde~ vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. molland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd Waterfield, Jr. Nays: None Absent: None City Council approved the Minutes of the Regular Meeting of August 21, 1972, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #4978 On motion by Councilman Malbon, ~econded by Councilman Cromwell, and by record, vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. F~rKell,'Charles W. Gardner, Clarence A. Hol]and, D. Murray Malbon, J. Curtis Payne, Mayor Donald. H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None .~.~bsent: None lty Council app'roved on second reading an appropriation not t,-o exceed $8,000. .~o provide for architectural services and preliminary feasibility designs of additions to the Offices of the City Treasurer, the Commissioner of Revenue, tl~e Clerk of Circuit Court and the i~ealth Department Building. I TEI~'I #4979 Councilman Baum requested that .Item ~¥4956 (c) [Hinutes of August 2]., ]972] be placed on the aflenda of the l~eflu'lar Counc'il Meet'inp, of Septe~bcr ii , for reconsideration, lie ft~rt'he~~ indicated that he bad requested }.!r. f-;cett direct the l)lanninfa staff to wo~'l< wJtl~, the tleveloper t:o deter'mine the ¢)~' ~vai.lt~ble I:tnd f'or' c(>nf~trucl:ie~ and to exl) laJn the {7ormul. a !o]' this ITE,',I I,~4980 (a) Hr. Bruce Hurphy, Attorney, appeared before City Council and submitted petitio requesting City Council to reconsider their'action of July 5, 1972, at which time Council failed to appoint Mr. R. R. McChesney to serve as High Constable. Reconsideration was requested as Mr. R. R. McChesney has served 26 years as an employee of the City. It was indicated that Council failure to appoint Mr. McChesney resulted from his policical activities during work hours which were considered to be a violation of the City Code of Ethics which prohibit such activities. Mr. James Fant, representing the Citizens Against Political Retaliation, appeared before City Council and submitted petitions on behalf of Mr. R. R. --~:Chesney and requested his appointment to the position of High Constable s his length of satisfactory service appeared to warrant his appointment. t was noted that he would apparently suffer a loss of income from his retirement as a result of the Council action. Upon direction from City Council the following letter prepared by the Director of Finance was read indicating the effect on the State Retirement in the matter of Mr. R. R. McChesney: [City Council directed the inclusion of the subject letter in the permanent records.] DEPARTMENT OF FINANCE ~27 - 4681 City of Virginia Beach August 23, 1972 MUNICIPAL CENTER BEACH. VIRGINIA 23456 Mr. Roger M. Scott City bNnager Municipal Center Virginia Beach, Virginia 23456 Dear Mr. Scott: In accordance with the request of. City Council at the last meeting, we have investigated the status of Mr~ Ro R. ~Chesney's retirement benefits. Our records indicate that Mr. McChesney began employment on May 1, 1946 and through August 31, 1972, he will have a total of 26 years 4 months credit in the Virginia Supplemental Retirement System. The following options are available for Nro McChesney: (1) He can withdraw his total contributions in the system at any time and he will be refunded these contributions plus interest. In this event, he will not be eligible for any retirement allowances at retirement age. (2). He may leave his contributions in the system and he may. draw a retirement allowance at any age between 60 and 65, '~ Based on an average annual salary of '$12,382, and should he not withdraw his accumulated contributions, Mr. McChesney will be 91igible for the following retirement allowances should he retire at any one of the ages indicated below. These allowances will be paid in addition to any sums he may receive from Social Security~ Age at Annual Retirement Monthly Re t ir ement A 1.1 owanc e Amount 65 $4,890.27 $407.52 64 4,596.85 383°07 63 4,303.44 358.62 62 4,010~02 334o17 6]. 3,716.61 309.72 60 3,423.19 285.27 Should you have any questiions, please, g.ive us a ca].t. Since, r~,~ly yours, The following appeared in support of the Council aCtion appointing Mr. Horace Shirley, instead of Mr. McChesney, as High Constable of Virginia Beach: Mr. R. Wilson Chaplain Mrs. Evelyn ttitchcock After discussion regarding Mr. R. R. McChesney, Councilman Ferrell made a motion, which was seconded by Councilman Callis, that Mr. R. R. McChesney be reemplo'yed as High Constable. Vice Mayor Ervin said that the motion was improper as Councilman Ferrell had not been a party to the prevailing side. bIayor Rhodes referred the question on parlimentary procedure to the City Attorney, Mr. Dale Bimson, who ruled that the motion was out of order as ~ouncilman Ferrell had not voted on the prevailing side in the original action of July 5, 1972. ITEM #4980 (c) Councilman Ferrell made a motion, which was seconded by Councilman Callis, that Mr. McChesney be hired as High Constable of the City of Virginia Beach. The City Attorney, Mr. Bimson, ruled that the motion was out-of-order as a vacancy for that position did not exist. ITEM #4980 (d) ouncilman Ferrell made a motion, which-was seconded by Councilman Callis, to discharge Mr. Horace Shirley, who presently holds the position of High Constable, on a recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., George R. Ferrell, Clarence A. Holland, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Councilmen John A. Baum, Robeyt B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, D. Murray Malbon, and J. Curtis Payne. Absent: None The motion was defeated. lq'EM #4981 Mayor ~odes, on behalf of the City Council, presented certificates of complet to the following Virginia Beach Municipal Fellows: Kathleen A. Guion, Project Director, assigned to the Department Of Personnel Helen E. Weems, assigned to the Department of Economic Development Linda K. Stone, assigned to the Department of Public Libraries W. David Singletary, assigned to the Department.of Public Utilities Elliott Light, assigned to the Office of the City Manager Chris Taylor, assigned to the Office of the City Manager T. Meade Kampfmueller, Jr., assigned to the Department of Community Services ITEM #4982 Mr. R. Wo Miller, President of Kings Forest Civic League, appeared before City Council regarding the possible use of polyethlene contamners for the collection and disposal of solid waste material. Mr. Scott, City Manager, indicated that they had considered the u.se of these bags, but were concerned with several unresolved problems relative to the use of these centainers; one of which is the problem of polyethlene bags not de- composing in the ground. Mayor Rhodes, on behalf of the City Council, thanked Mr. Miller for his time and effort in extensive research to bring this matter to the attention of the ..... ouncil. ITEM #4983 On motion by Councilman Payne, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, dr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne,'Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council appointed Mr. Roger Scott, C~ty Manager, to fill the expired tern' of Mr. Dewey Simmons on the Southeastern Virginia Planning District Commission for a three (3) year term beginning July 1, 1972 and ending June 30, 1975. ITEM #4984 On motion by Councilman Malbon, seconded by Councilman Ferrell, and by record¢ ore as follows: .,)'es: Councilmen John A. Baron, Robert t[. Callis, Jr., Robert B. Cromwell, Jr. Vi. ce Mayor F. Re i~d Frvin, George R. Ferrell, Charles W. Gardner, Clarence A. IIolland, t). Hurray Malbon, J. Curtis Payne, Mayor Dona]d ]t. Rhodes, and Floyd ii. W~terfi. eld, Jr. Nays: None Al)sent: None City Co~]nci] reappointed b,lr, RJ(,:hard ](line to the Industrial ]~evelo]:):nent Al~thorit:v l-or a term o[ lTour (,~) )'e~r:; ben, inning-, July 1, ]97* and endin*, ITi~M #4985 On motion by Councilman Gardner, seconded by Councilman Payne, and'by recorded vote as follows: .Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. --~ays: None .bsent: None City Council appointed Councilman John A. Baum as chairman, Councilman Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, and Mr. Robert M. Buchanan, Sr. to the Steering Committee for Beach Erosion and Rudee Inlet for a one (1) 'year term from the date of appointment unless the term is extended by the Council. ITEbl #4986 On motion by Councilman Cromwell, seconded by Councilman Malbon, and by record vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following Ordinance to appoint Viewers relative to --losing a portion of Arctic Avenue in Virginia Beach. Borough: ORDINANCE APPOINTING VIEWERS WHEREAS, the City of Virginia Beach, Virginia, a municipal corporation, has given due and proper notice in accordance with the statutes for such cases made and provided, that it would, on August 28, 1972, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconveniencl would result from the discontinuing of the hereinafter described portion of Arctic Avenue, Virginia Beach Borough, in the City of Virginia Beach, Virginia, and have filed such application with the said Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, b~r. Charles C Carrington, Hr. William W. Fleming, and Mr. George. L. Hanbury __, are hereby appointed to view the below described property and report {n writing to the Council, on September 18, 1972, whether in their opinion, any, and if any, inconvenience would result from the discontinuing, closing and vacating of that certain portion of Arctic Avenue, located in Virginia Beach Borough, City of Virginia Beach, Virginia, and described as follows+ That portion of Arctic Avenue, south of Winston- Salem Avenue extending to Lake Rudee, as shown on a certain plat entitled, "Shore Acres, property of Shore Acres, Inc., dated September 1925, made by John M. Baldwin, C. E." recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Map Book 7, Part 2, Page 137. Said street extending south approximately 150 feet of tt~e south~.~est and southeast corners of the intersection of Arctic Avenue and Winston-Salem Avenue. ITE~,I #4987 On motion by Councilman Malbon, seconded by Councilman Gardner, and by recorde vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and -ieyd E. Waterfield, Jr. Nays: None )sent: None City Council adopted the following Ordinance appointing viewers relative to closing a portion of Burton Drive in Lynnhaven Borough: ORDINANCE APPOINTING VIEWERS WHEREAS, KIM B. WILLIAMS and ANNE G. WILLIAMS, have ~ given due and proper notice, in accordance with the statutes for such cases made and provided, that it will, on this day, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below- described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what, incon- venience would result from the discontinuing of the hereinafter described portion of Burtoh Drive, in Lynnhaven Borough, of the City of Virginia Beach, Virginia, and has filed such ~- plication with the said Council: NOW, therefore, BE IT ORDAINED BY THE COUNCIL OF T~ C~TY OF VIRGINIA BEACH, VIRGINIA, That, Mr. Charles C. Carrington, Mr. William W. and blr. George L Hanbury are hereby appointed to view the below-described property and report in writing to the Council on or before September 1972, whether in their opinion any, and if any, what, inccn~ venience would result from the discontinuing, closing and vacating of that certain portion of Burton Drive, locate~ Lynnhaven Borough, City of Virginia Beach, Virginia, and described as follows: PICKETT. SPAIN AND LYLE ATTORNEYS AT LAW 2B59 VA. BEACH BLVD. P.O. BOX 2241 VA. BEACH. VA. :23452 ITEM #4988 Mr. Joseph Lyle, Attorney for the petitioners, requesting a deferral. ALL THAT certain portion of Burton Drive be- ginning at a point on the Southe~ side of Burton Drive where it dead ends with the property now or formerly owned by Turner and Hogge; thence North 13° 21' West, a distance of 40.56 feet to a point; 'thence North 67° 06' East, a distance of 235.10 feet to a point; thence South 22° 54' East, a distance of 40.0 feet to a point;- thence South 67° 06' West, a distance of 241.83 feet to the point of be- ginning, it being a portion of Burton Drive as shown on the survey and plat entitled "Sub- division of Melfair Acres, Lynnhaven District, Princess Anne County", dated April 1, 1954, made by W. B. Gallup, County Surveyor, and recorded in the Clerk's Office of the Circuit Court of~the City of Virginia Beach, Virginia, in Map Book 31, at Page 58, to which reference is made for a more particular and accurate description. appeared before City Council On motion by Councilman Callis, seconded by Councilman Gardner and by recor~ie~ Vote as follows: Ayes: Councilmen John A. Baum, Robert H. Calais, Jr , Robert B ~--ze Mayor F. Reid Ervin, George R. Ferre.ll, Charle~',~T ~ t [land, D. Murray Malbon J. Cu ' . ~ o -, ~ar~ner, Clarence ] Waterfield, Jr. , rt~s Psyne, Mayor Donald Nays: None Absent: None City Council deferred consideration of viewers reports'relative to closing 20-foot alley in Virginia Beach Borough until September 11, 1972. ITEM #4989 . Councilman Cromwell requested the City Attorney to draft an amendment to the "Gun Ordinance" to allow turkey shoots. ITEM #4990 The following persons appeared before City Council supporting the proposed leash law: Mrs. Clark -presented petitions requesting that a leash law be enacted in the City of Virginia Beach [a copy of subject petitions are on file in the Office of the City Clerk] Mrs. Cecily Macdonald Supt ' Reed from the Animal Control Bureau City Council requestbd the City Attorney to draw up a leash ordinance relating to dogs running at large and further requested that said ordinance be presente. at the September 11, 1972 Council Meeting. ~ ITEM #4991 On motion by Councilman Gardner, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None ~sent: None City Council extended the "Zoning Moratorium" until November 30, 1972 for the purpose of allowing the Planning Department enough time to complete the Comprehensive Master Zoning Ordinance and the Master Zoning Maps. ITEM'#4992 On motion by Councilman Holland, seconded by Councilman Gardner, and by record vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ttolland, D. Murray Mal. bon, _~. Curtis Payne, Hayor Donald H. Rhodes, and Floyd E, Waterfield, Jr. Nays: None Absent: None Cit'y Council approved the application of Bayside Taxi Cmnpany for eight '(8) ---~dditional taxicab permits. This makes a total of twenty-five (25) taxicab e~'mits issued to Bayside Taxi Company. ITEM #4993 On motion by Councilman vote as follows: Gardner, seconded by Councilman Holland, and by recor~ Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. -~-~lland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd Waterfield, Jr. Nays: None Absent: None City Council approved the following Resolution relative to the expansion of library services to the City's Juvenile Holding Facilities under a federal grant program: WHEREAS, the Crime Omnibus and Safe Streets Act 9f 1968, as amended, provides federal funds to assist politic~ai' .subdivisions of the various states in improving their respective Criminal JuStice Systems in order to reduce or eliminate inadequacies; and ~ WHEREAS, there exists a need to expand library services to the city's Juvenile Holding Facilities so as to provide a constructive and meaningful use of residence time; and W}~REAS, such a program, designed to aid in the self-discovery and behavior modification of the facility's residents, will wn~cn ~e city's in-kind contribution will cost $24,04A of .... amount to $6,151. NOW, TPZEREFORE, BE IT RESOLVED BY 'THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to cause such information or materials as may be necessary to be provided to the appropriate state agencies to permit the for- mulation, approval and funding of the aforementioned program. AND BE IT FURTHER RESOLVED, that the Council of the' City of Virginia Beach gives its assurance that the matching funds or in-kind contributions needed as the City's proportional share of the cost of the approved p. rogram %~ill be provided. ITEbl #4994 On motion by Vice Mayor Ervin, seconded by Councilman Baum, and by recorded vo~ as follows: Ayes: Councilmen John A. Baum, Robert }I. Callis, Jr., Robert B Cromwell, Jr.: .lhice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ~lland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd · Waterfield, Jr. Nays: None Absent: None As Mr. Charles Kiley, Sanitary Engineer, has indicated that it will be necessa~ to increase the amount of cover material, at Ht. Trashmore in order to properly cOmplete the project, City Council authorized the extension of the existing contract for 20,000 additional cubic yards of fill material. The cost, $2.00 per cubic yard ($40,000) will be covered with bond funds previously authorized. ITEM #4995 On motion by Councilman Waterfield, seconded by Councilman Cromwell recorded vote as follows: , and by Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. ays: None ~,bsent: None City Council authorized the City Manager to execute the following State-Local Hospitalization Contracts: General Hospital of Virginia Beach Medical College of Virginia University of Virginia Portsmouth General DePaul ~ Norfolk Community King's Daughters Leigh Memorial Daily Rate for 72-73 Daily Rate for 71-72 63.78 53.78 75.50 66.48 75.50 66.48 57.92 53.13 77.06 69.94 53.39 45.86 77.06 69.94 67.43 59.94 ITEM #4996 On motion by Councilman Gardner, seconded by Councilman Cromwell, and by recor vote as follows: -~ves: Council. men John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. i_ce Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ~ll. and, D. Hurray Malbon, J. Curtis Payne, Mayor Donald ti. Rhodes, and Floyd ti. Waterfield, Jr. Nays: None Absent: None City Council authorized the City Manager to execute a contract covering the collection of water uti. lity taxes ~or l:he Cit~' oF VirgSnJa Beach by tl~e City of Norfolk. ' ' ITEM #4997 On motion by Vice Mayor Ervin, seconded by Councilman Malbon-, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd "- Waterfield, Jr. ys: None Absent: None As the Cit~ has received signed sewer agreements from 51% of the residents in Southern Points and Brittany Estate.s requesting that the City install public sewers in this area, City Council approved this project for design and con- struction when funds become available. ITEM #4998 On motion by Councilman Waterfield, seconded by COuncilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne', Mayor Donald ti. Rhodes, and Floyd E. Waterfield, Jr. Nays: None ---~sent: None lt.y Council authorized the. City ManageF to sign a sewer agreement and lease for the Pecan Gardens sewer project. (COUNCIL~iAN CROMWELL LEFT THE COUNCIL CttA~IBERS) ITEM.#4999 On motion by Councilman Ferrell, seconded by Councilman ~lalbon, and by recorde vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervi George R. Ferre.ll, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council. approved the following ResolutSon requesting the City of Norfolk to make connections and furnish water through a proposed water system at ~tratford Chase, Section 1, Part I i ITEM #5000 On motion by Councilman Ferrell, seconded by Councilman Malbon, and ~ vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. " George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murra Curtis ?ayne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council approved the following Resolution requesting the City to make connections and furnish water through a proposed water syste~ Kings Grant, Part 2, Section 12B' Form No. P:U., 36-2a A RESOLUTION REQUESTING THE C1M'Y OF NORFOLK TO MAKE A CONNECTION ~J~D TO FUPJ~ISH WATER T~HqOUGH A PROPOSED WATER SYST~.~, LOCATED AT Kings.. Grant ~..Part Section 1,2,.B,~ L~nnhaven Borough, IN THE CITY OF VIRGINIA BEACH, I~RTHER DESCRIBED BELOW: · {~EAS, it is proposed by the City of Virsinia Beach, Virginia~ at the request of Kings Grant West __~ to extend a proposed main in accordance with the existing contract bet%~en the City of Virgin.- Beach and the City of Norfolk~ in ~ ~ingu Grant, Part 2, Sectzon ...~ in the streets listed as follows: Name of Size of Linear ~tr~e_~t ...... Pipe, Feet Kings Grant Road Kings Grant Road 8" 490 6" 940 Sheraton D~ive 6" 535 Sheraton Court 4" 300 Coverdale Lane 6" 1,100 ': Coverdale Lane 4" 450 Coverdale Circle 4" 500 Coverdale Court 370 North Villier Court 4,, 90 South Villier Court '" , 420 North Shire Court 6~'' 130 r~, North Shire Court 4" 240 aL1 as described and shown on plan entitled, .~'i~J~rda Sewer and Water v ~ o. rt 2, Sc,.ction i213 ~£..s Cr.a.,r'.:, ~ · _.~ as ~opared . ~ .- ] ~'/': Baldwin and GpeKg ~n~ineers, dated. A~r~:l ].it. ~ Form No. P,U. 36-2b NOW, TH~LEFORE, ~E IT R~OLVFD', tha% the City of Norfolk be and it hereby ts, requested to make a connection of the proposed water mains with the present mains of said City at the said designation, and upon completion of the installation of the proposed mains, to supply water to 'consumers residing thereon, it being expressly understood and agreed that the supplying of said water by the City of Norfolk shall be upon and subject to the following terms and conditions: 1, That the said water mains shall be installed in accordance with the specifications of the said City of Norfolk and to the satisfaction of the Director of Public Works of said City, at no cost to the City of Norfolk, '2. That the water so supplied through said mains .to cons~ers sh,ll be at the same rate now, or hereafter, charged by the City of Norfolk to consumers beyond the limits of said City similarly situated. 3. That all ordinances of the City of Norfolk and all rttles and regulations of the Division of Water Supply of said City, now or hereafter adopted and put into effect, relating to the furnt::hing of.water shall apply to the supplying of water through the said proposed mains. 4. That the said City of Norfolk shall be under no oblSgation to furnish more water than its distribution system as now laid i~ith the pressure carried, will deliver into said mains, and if the ~id supplying of water shall not be in accordance with the standard service, the said City of Norfolk shall not be held responsible in any way. 5. That in supplying water to consu~ers along the said proposed mains~ the City of Norfolk will supply the same only from its surplus supply~, and that in no event sh~11 there be any obligation on the part of said City to supply water to any consumers along the proposed mains at any time when, in the Judgement of the Council of the said City of Norfolk, the said City shall not have sufficient supply fQr use within its corporate limits, or whenever the supplying of said water shall interfere with the discharge of~ the duty of said City to supply water to its own inhabitants. 6. That from and after the installation of the water mains and hydrants they shall become the property'of the City of Virginia Beach. The City of Virginia Beach shall grant to the City of Norfolk the right -to use such mains and hydrants for the supply of water, and further grants to the City of Norfolk ready and reasonable access to them. 7. That for any fire hydrant installed ,t the request of the City of Virginia Beach, a rental pa~nent of One Hundred Dollars ($t00.00) a year for each hydrant sh~l ~ be. paid to the City~ of Norfolk. ADOPTED BY TII~?0Ui~.¥~,~ of the City irg fafB~ach, Virg~ni~' this day of 19 . APPROVED: · ATTESTE: Clerk of the Counc±}~ ITEM #5001 On motion by Councilman Ferrell, seconded b)~ Councilman Malbon, and by recorde. vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F'. Reid Ervi~ George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. ity Council approved the following Resolution requesting the City of Norfolk ) make connections and furnish water through a proposed water system at Woodland Condominium Apartments, Lynnhaven Borough: Form No. 'P.U., 36-2a A RESOLUTION REQUF~TING THE CITY OF NORFOLK TO ~t~KE A CO['~NECTION AND TO FU~ISH WATER T}UtOUGH A PROPOSED WATER SYSTP].I, LOCATED AT Woodland Apartments _Lvnnhaven Borouqh IN THE CITY OF VIRGINIA BEACH, ~/JRTHER DL~CRIBED BELOW: WII~EAS, it is t~roposed by the City of Virginia Beach, Virginia, at the request of Accqnt Develgpment ~ Inc. , to extend a proposed water main in accordance with the existing contract between the City of Virginia Beach and the City of Norfolk, in _~{ood,l,a,n_d__A~artments , . , ..... ~ in the streets listed as follows: Name of Size of Linear No. of ~,tr_e_e$ ,, .~- , P.~i .Re Feet Hydran$ ~ 24th Street 8" 40 1 Woodland Apts. 4" 375 0 all as doscritmd and sho~ on plan entitled, GradinK~ DrDinage~ Water and Sewer ~lan_ : .. , as prepared by .~~.Greg~ Engineers, ~]ay 19 ~. 1.972 ,.. Form No. P.U. 36-2b. NOW~ THEREFORE, BE IT RESOLVFD, theft the City of Norfolk be and ft hereby is, requested to make a connection of the proposed water mains with the present mains of said City at the said designation, and upon completion of the installation of the proposed ~mins, to supply water to 'consumers residing thereon~ it being expressly ~mderstood nnd agreed that the supplying of said water by the City of Norfolk shall be upon and subject to the following ter~s and conditions: 1. That the said ~ater mains shall be t~'stalled in accordance with the specifications of the said City of Norfolk and to the satisfaction of the Director of Public Works of said City, at no cost to the City of Norfolk. 2. That the w~ter so supplied through said mains to consumers shall be at tho same rate now~ or here~fter, charged ~y the City of Norfolk to consumers beyond tho l~mits of said City sim~llnrly .'zitunted. 3. ~%at all ordinances of the City of Norfolk and all rules and regudntions of the Division of Water Supply of sa~d City, now or hereafter adopted ~'md ~.~t into of'feet, relating to the furni:~h~nC of water shall apply to tho supplying of water through the said proposed mains. 4. That the said City of Norfolk s}m]l ~ u~der no obl~atdon to furnish mor~ water than J_t~.~ distribution :'~ys~.em as now Ir, id, with the pre~sure carried, Mill deliver into ~;:,Jd majn~;, ~md Jf the ~:aid supplying 0.~ pa%or s}mll not lm J~ accordance wiLh tim nta~dard service, the said C~.ty of ~lor:f'olk :3hall n~d, l'x~ he'l(~ rcspon:;Jt',]~. I n any w~,y. 5. That in supplying water to consulters along the said proposed matns~ the City of Norfolk will supply the same only from its surplus supply, and that in no event aha!1 there be any obligation on the part of said City to supply water to any consumers along the proposed mains at anytime when; in the Judgement of the Coumctl of the said City of Norfolk, the said City shall not have sufficient supply fQr use within its corporate l~mits, or whenever the supplying of said water shall, interfere with the disch~mrge of the duty of said City to supply water to its.own inhabitants. 6. That from and after the installation of the water mains and hydrants they shall b~come the property of the City of Virginia Beach. The City of Virginia Beach shall grant to the City of Norfolk the right to use such mains and hydrants for the supply of water, and ftwther grants to the City of Norfolk ready and reasonable access to them. 7. That for any firo hydrant installed st the request of the City of Virginia Beach, a rental payment of One Hundred Dollars ($1OO.OO) a year for each hydrant shall be paid to the City of Norfolk. ADOPTED BM THE??U~IL of the City./o~ Virginia Beach, Virg,~nia this : day of , ., 19 . APPROVED: ATTESTE: ~lerk'o£ the Council ~TEM #5002 On motion by Councilman Payne, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervi: George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None -~-bsent: Councilman Robert B. Cro~nwell, Jr. .ty Council noted its intention to hold a closed meeting on Monday, September 11, ]_972 for the purpose of discussing ~tems permitted for discussio~ under the Freedom of Information Act of the Commonwealth of VirgJnia. OF 'iTiE lk)?~?ORABLE CZ'~'Y UOUNCi£ O? THE C.I-TY OF VI~:G]_7./IA P~EACtJ, VIRGI~IA August 18, 1.972 A Special ~etint~ of the Council of thc, City of Virginia B.~-:aclz, Virginia was held in the Council Cha,v~xers of thc Adrm:nistration Build[.ng~ in the Borough of Princess Anne, on Friday, August 18, 1972, at 10:00 a.m., fo;" the purpose of discussing thc water situation. Councilmen present: John A. Baum, Robert H. Callis, Jr., Vics Mayor F. Reid Ervin, George R. Ferrell, O]'zarles W. Gardner, Clarence A. Nollc~d, D. Murray Malbon, J. Curtis Payne, ~d Mayor Donald H. Rhodes. Nays: ~one Absent: Councilmen Robert B. Cromwell, Jr., and Floyd E. Water~£eld, Jr. The purpose of the called meeting was read by the City Clerk, M.v~. Richard J. Webbon, as follows: ! , , '1~ accordance with the Code of the O~ty of Virginia Beach, Section 2-9, notice is hereon I given that a Special H~ating of the Council of the City of Virginia Beach will be held in the Council ~zas~pers, A~b~F. nistration Building, Municipal Center, Pz~ncass Anne Station, Virgin. ia Beach, Virginia, at 10:00 a.m., on Friday, August 18, 1972, ~br the pur~ose of discussing the water situation ~ The City Clerk advised that all Councilmen had acknowledged receipt of the notice of the Special tdeeting. Councilman Charles W. Gardner., seconded by co~nc?.lman John A. Bawn, moved to adjou'r~n into Executive Sessio~. Ayes: Councilm~.a John A. Bcs~m, Robert H. Ca~.7~ '°, Jr. , Vice Mayor F. Reid 2i'rv~n, George R. Ferrell, ~arles W. Gardner~ Clarence A. Holl.~'~d, D. t:,'urray ~:atbon, J. Curtis Payne~ and Mayor Donald H. Rhodes. Nays: None Absent: Couneilmon Robert P. Oro~aell, Jr., c~d Floyd E. Waterfield, Jr. Vice Mayor F. Reid Ervin, seconded by Councilman J. Curtis Rayne,' proposed an ~nend,?.ent, whic~.z would provide that Counct;1 reconvane at the end of the Executive Session, for thc purpose of making a statement regarding 'the City's policy to the newspo~ers ~£4d t'h(~ public. The vote on the ~mendment to the motion was as follows: A~/es: Council~x:,n John A. Baum, Robert H. Ca~.lis, Jr., Vice Vayor F. Reid Ervin, ~:er~c~ A. Holland, D. },~urray ~.~atbon, Geor,~e R. t'~:rrell, t~arlas J. Curtis P~yne, and k~auor !;onald t';a!js : None City ~cunctl than adjourn~d in the Counail Conference Room. After due and careful cons~;deration, C. ou~?,il reco~l)enod and authorized the following public statement, which was endorsed unoo~imouoly by all Councilmen: 'The Virginia Beach City Council reinforces its: stand in ]k~vor of a regional water authority. We would like to have a joint meleting with the Norfolk City Counc£1 ]br the t~Jo-fold purpose of negotiating a water contract until a regional authoritU can be implemented, and to encourage Norfolk to join the other political entities in the formation of a regional authority. In this spirit, we F, ope that we can continue to work with all other men~ber subdi~Jisions within the Planning District 20 toward a regional water authority '. Upon motion by Councilman Gardner, seconded by Councilmc~n Callis, and by unanimous vote, the meeting adjourned. City of Virginia Beach, Virginia August 15, 1972 Special ~eting Donald H. Rhodes, ~dayor MINUTES 01: TIlE OF Till! CITY OF VIRGINIA J~F, ACII~ VIRGINIA August 14, 1972 The regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers in the Administraiion Building in the Borough of Princess Anne, on Monday, August ].4, 1972, at. 10:00 a.m. The invocation was given by the Reverend Tracy D. Floyd, Jr., Pembroke Manor United Church of Christ, Virginia Beach, Virginia. Councilmen Present: John A. gaum, Robert H. Cai]_ is, Jr., Robert g. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Ht~rray }.'Ialbon, J Curtis Payne, Mayor .Donald H. Rhodes, and F]:oyd E. b'aterfield, Jr. 'ITEM #4915 On .motion by Councilman Gardner, seconded by Cotmcilm!an Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert If. Callis, Jr.:, Rgbert B. Cromwell, Jr., Vice ~4ayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland., D. Hurray Malbon, J.~ Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfiei. d, Jr. Nays: None Absent: None City Council approved the Minutes of the Regular Meeting of August 14, 197 and the reading of said Minutes dispensed with inasmuch as each Counci]_m~r hnd a cony of the subject Minutes before him. ITEH ~49].6 Mr. Steve J. Mago]a appearing on behalf of the application. Mrs. ]-;oy Casper appearing in oppesition of the application. On motion by Vice Mayor ErvJn, seconded by Councilman Ma]ben and by recorded vote as follows' " Ayes: Councilmen John A. Baum, Robert }t. Callis, ,Jr., Robert B. Cromwell, Jr , Vice Hay(or F kc~d Ervin, George R. Ferrell, Charles W. Gardner, Cl:~rence A. lie]land, l). Murray Halbert, J. Curtis Payne, and t:loyd Ii. l'~rater:Field, Jr. Nays · None Al~stain: lqayor l)ona]d Il. Ii)lodes. Absen [~: None 30) days the above apl)lication oF for ~ ii:;(,, I)e.rmit 'to construct nu ~ c'r'~'~'~ ]~-'-"?,]7~5'l;'~-:rty ] ,-)cai:ed paved drivm~ay and M~. R. H. DeFord, J~., a~pearhig on behalf o~ the applZcat~on. Oa motion by CouncZlman Malbon, seconded by VZce Mayo~ ~v~, and by zeco~ded vote as ~ol].ows: Ayes: .Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. tIolland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Estate of W. R. Gornto by John E. Sirene and Associates for a Use Permit to construct a sewage pumping station on certain property loca--t~-a--5'0-0--feet South of Trant' Lake Drive and 125 feet East of Meadow Lake Road. Laurel Cove - Trantwood Shores area, Lynnhaven Borough. Approval is subject to standard site plan review as required by the Engineering Di.v~sion of the Department of Community Services; approval is further subject to paved driveway and standard concrete entrance. (VICE MAYOR ERVIN LEFT THE COUNCIL CHAHBERS) ITEM ~14918 ~ppl~o?tton .....of Thor>as Joy:it fo,'" a U,:se Per?a!% to c,r~erc~te a used car retail Bnach [~oulevard, ru;-min.~ a di ...... n..~ ,.,t l~.ai f~,~.,~ a i:c,,r~q !.~;n E~s~evn pro?erty l~r,,:~ running a dis ........ "?~ '"~-'~ ' " '- ina a distance of i'~''' ~"" contains 15.. ,,,,~r]O, ~fiu,~,~, '~*'"~. feet The Plantling Col;~;nss~on' ~' rec.om:~..~:n''', ,:~"*. pt~¢val ......... of this r~:;.ques~ s~:)jec,." to City water (:~nd se~;er req~.~i red bY.. th~2 ' ¢' th,',,' :' :.,4 .... ~,.,..,.~t.}'-~ and '~L¢,<~'. ' [nc"[ncer!bg' ~.,~";v'fsion M~. Thomas Joy~t ap~ea~ed on beha]2 o~ hls ow~ applicat&o~. O~ motJo~ by CouncZlman Malbon, seco~de8 by Cou~c&lma~ ~ayne, a~d bT ~ecorded vote ~s ~ollows: Ayes: Councilmen John A. Baum, Robert H. Cai. lis, Jr., Robert B. Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. 'Waterfie].d, ,Ir. Nays' None Absent: Vice Mayor F. Reid F, rvin' City Council apl)roved the above al'~[)l.ication of Thomas Joynt :for. a ~U~-;e I'emn:i.t to operate a car retail sales on cert. a:~n property begi~]ning ~FF-~-]~'~]~T]7 500 feet ]~ast of Parker ],ane, runn:i:n?, a d:istance of 100 feet ;]Jo)-lg tile o)uth sJd. e o:f Viz'gin:i- Beach Bot[]evard. Said parcel conta:i.:~ts 1S,O00 square feet, Lo'ndo~t Br:id[;e area, i,y]'tnhaven ~]~l)'r(.~va] i_s sub.ject to (]]tv,. water a~]ct 2()v:er ~q. rcc{uireO by tlic l)el~ar'inlent; and :[ttrther :;ub-jecl to sJt'e plan review by the and runMng a d'~>~anc,; of l:~O Tc~t; is known as Lot ll, B!c, cL .,o~::,, Plat contains 7 ~quate '~:.~. ViLGr 'The Planning Cc:::~nission standard site plan requi Mr. Joseph L. Lyle, Jr. appearing on behalf 'Of'the applicant.. On motion by Councilman Callis, seconded by Councilman Malbon, and by by recorded vote as follows: Ayes: Councilmen John A. Baum', Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferre11, Charles W. Gardner, Clarence A. Hell. and, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Nelly P. Simpson for a Use Permit to operate a lodging house on certain property located on the Nort-Jf-si---~d~, of 16th Street beginning at a point 200 feet East of Arctic Avenue, running a distance of 50 feet along the North side of 16th Street and running a distance of 140 feet along the Western property line. Said parcel is known as Lot 11', Block 22, Plat Nh. 2, and contains 7,000 square feet. Virginia Beach Borough. Approval is-subject to standard site plan requirements as reviewed by the Engineering Division, Department of Community Services. ITEM //,4920' ~pplication of t~arJac Corporation for a U~e "' ..... ' "' ..orl~,~ ot:' Ailanc'~c Avenue me,al on certain property located c;n t[~e ;!ortheaz't'. c and ,:,~d Street, run,ina, a distance of l~:r~.,.~ feet al~.,,.,,,g ~-~.~.~,,~.; ,,~,,t'*~'"'~',,, side of Street, runnin9 a di ..... '~e. . s~,am.e oi~ 155 'Feet 7" ,-~onq ti~e Ea?~. s'~,~, of &tlantic Avm~ue, J,st~.mce of 15O feat along 't~,~· ' ' '~ ..... .em tmm,~ pro?r%y tine and rm'minq a runni~g a ~ ~ s~,n~ of 155 feet along ~ ~,, ~ ....... ~ ~'~nc Said parcel contains 23,250 squareT~.~,¢:C""~, and 'is ,.,, ..... .... 12 and 13 Squore 23 Plat of Virqinla .... Beach Property h~,.~ ..... Plat). ViP,(:'~IN~A P;L'ACH ,.m.-.,,_,~r"nn~"'"', T he Pt ~,nni ng m.,:,.wt ~ ' plan approval o'F a new site plan ~l-J[)ICi't sl~alt include consideratio:~ of' the t.:, builtoir~q aS to allow Fcs~so;iab]e consideration for protection of ,'~'m,n vistas~, air and Ii Mr. V. A. Ethcridge, Jr. ~appeared on behalf of the applicant. On motion by Councilman Cromwell, secondbd by Councilman Gardner, and by recorded vote as follows: Ayes: Counci].men John A. Baum, Robert H. Cal].is, Jr., Robert B. Cromwel. 1, .Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. }Ielland, D. Murray MaJbon, J. Curtis Payne, -- 'biayor I)onald II. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Counc~ ] approved the above appl Jest:ion of Marjac Corporati on for a Uso J~or]~]it to construct a O0-unit~ mote] on certain p~o-~, , . I.c. rtv located ITE}4 f4921 140 feet along 'd'm 1,le~t side af ~,: ~..,c , m~nn'~nq a ,-Hstat~c:e of 75 feet along t.n~ Southern prot~erty line and rur;B'ir}(1 a distance o'r 140 fast along the Uestern prop.~rty line. Said parcel contains 10,500 ¢¢',,,-",,~ ;,~,,,,.. feet, VIRGINIA BEACH The Planning. Co~mission recommends am:reval., of this re~u~,~t ........... subject to City water and sr~,~ ......... rc.~,.ared by ti~e" requires ?,tandard site plan revic*_'.~ ~-' ~";'~,~- · adjoining, rights, of way cnali..l. ' iactude Fa,'""~""n~'t widening, concrete curb and autter,.., sidm:~alks and,,..,~,~c~-~,,..~,., s'i:orm., drait,-,"e.,.. :; ~ and curbs to be i rovided at the pem;,.ieb:n- of a~'l on-si~e ~e,.,,.~ areas. The motion for ' '~'' . · . ,, m,vmvat ,~t~,u suggests particlpa'L'im~ In .... ~, .... ~ site acquisition ~r. Grover C. Wzight appearing on behalf cE thc applicant. On motion by Councilman Callis, seconded by Councilman Gardner, and by recorded vote as follo~s: Ayes: Councilmen John A. Bamn, Robert'H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. Murray Halbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Councilman Clarence A. Itolland Absent: None City Council approved the above applical~ion of Parker-Sparks, Inc. for a Use Permit to conbtruct 8 efficiency apartment units on cer'tain property located on the Southwest corner of 33rd Street and Arctic Avenue, rdnning a distance of 75 feet along the South side of 33rd Street, running a distance of 140 feet'along the West side of Arctic Avenue. Said parcel contains 10,500 square feet. Virg:inia Beach Borough. Approva is subject to City water and. sewer as required by the Health Department; standard site plan review as required by- the Engineering Division; sta. ndar improvements' to the adjoining rights of way to include pavement widening, concrete curb and gutter, sidewalks and necessary storm drainage and protective concrete curbs to be provided at the perimeter of all on-site paved areas; approval is furth, er subject to participation in school site acquisition.. ITEM #4922 f~pplication of Pembroke Square Associates for a Use Permit for service of ~'¢~"~ ha+~r'"'~QS ~]t~ld ~C~"'¢~"~'~'' , ~ , .... ..::..~ ....t~;t:7::~ , *' "~ ,... F¥,:i.~.- -* " ~ t' qV;" Mr. James Pickrell appeared on behalf of thc applicant. On motion by Councilman lie]land, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert Il. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Fcrrell, Charles W. Gardner, Clarence A. tloIland, D. Murray Malbon, J. Curtis Payne, and Floyd B. Waterfiel. d, Jr. Nays: None Abstain: Mayor Donald H. Rhodes Absent: None City Council approved the above application of Pembroke Square Associates for a lJse Permit for services of tires, batteries and~ accessories on certain property located at the Southeast corner of Jeanne Street and Independence Boulevard, running a distance of 200 feet along the East side of Independence Boulevard, running a distance eli 200 feet along the South side of Jeanne Street. Said Parcel. contain~ 40,000 square feet, Pembroke Mall Shopping Center area, Bayside Borm~gh. Approval is subject to standard site plan red, few as required, by the Engineering Division to include protective concrete curbs surrounding the parking areas. ITEM ~4923 ^pplicat~on of Rendezvous, Inc., for a L"~e ~'~er;.",it for dancia9 ~i,a ]~ve enter- . . .~.,,~ 'i'e~ri: ~k.:st ~i: Inckmend(mce Boulevard tain!~n't on certain . ~,:,~,~,, Inca'tad arid 50 feet more or fe:,::, tk, rth of lioney Crove r ..... d (Proposed) and located in the Hayaood Shopl)linfl Center, ,:~r:,,~' The Plar:ning Cotm~ission recruit:ands denial of this request due to the opposition of the resident's of tim area, InC- Co,~,dss'ion ,:-:tated 'that. this l::,';"cmosed '~r~ ),.ir. W. W. Gregory appeared on behalf of the application Mrs. Cecil7 Macdonald appeared in opposition of the application. On motion by Councilman Cromwell, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. ~allis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray MaIbon, J. Curtis Payne, ~layor Donald It. Rhodes, and Floyd E. Waterfield, Jr. Nays: None At)sent: None City Council approved the withdrawal of the above application of Rendezvous, Incorporated. for a Use Permit for dancing with live enter- t;~inment on certain property locate~ 400 feet West of Independence i;oulevard and 50 feet North of lloney Grove Road (proposed) and located iii the Haygood Shopping Center. Bays]de Borough. ITE~J t~ f;24 point uu,, feet more or le~ ,~mth of Vipqinia Beach boulevard. (Chinese Corner Area), BAYSIDE The Planning Corm'lisslon recemmznds approval of this request sub,;eot to a dedication of S0 feet f~:)m ~f,.~ center line o'f the exis'tirig 12g-feat right of way along the i'rontag3 on Virginia B~:ach ~oulevat-d (2~)-'foot dedication) requested by the Real Estate Division. The Engineering Division states that tlmre is an ;~pproved site pi'p of this uarcel on file' houaver, if any deviation from this apprc, ved plan ts to be made, a new plan showing these revisions must be subr~t'~t:ted for revim.~. The ~':~otior: for approval stated that a fence 1SO feet by 50 feei; be erected for the protection of the cMldren attandir~q thls 4~,, , '~,~-' ~ . , ,<,~ care center The a~.¢~i~ant shall be required to connect to City sewer ?¢hen it becr~mes available. Appea~ed on behalf of the application: Mr. Calvin Childress Mrs. Linde Wright On motion by Councilman Cromwell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwe]_l, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald It. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Sunny Days of Virginia Beach for a Use PermJt to operate a day care center on certain property located on th-~~ side of Virginia Beach Boulevard, beginning at a point 225.7 feet West of Ne]ms L~ne, beginning at a point 500 feet North of Virginia Beach'Boulevard. Ch2nese Corner area, Bayside Borough. Approval is subject to a fence 180 feet by 50 feet be erected fo~ the'protection of the children attending this day care center; approval is further subject to City sewer when it becomes available. (The Engineering Division states that there is an approved site plan of this parcel on file; however, if any deviation from this approved, plan is to be made, a new plan showing these revisions must be submitted for review). ITEM #4925 Application of the City of Vireinia Beach to establish an ordinance to amend and reordMn the Haster Zonin-? Ordinance of Princess Anne County, Virginia and the llastep Zonino Ordinm~ce of the City of Virginia Beach ([~OrOUfj}~ of Virg'~nia Beach) kno,.m as the "~.~etiands Zonin~ Ordinance*'. [~ore detailed information is available in th~ OFfice o'f the Clerk of the Council, bepar~:~ent of City Planning and ~ayside Public Librery, .. The Planning Cor~m:isslon recom~'~ends appr(,val of this reqm..~t as submitted On motion by Councilman Gardner, seconded by Councilman l~aterfield and by recorded vote as follows: , Ayes: Councilmen John A. Baum, Vice Mnyor F. Reid Ervin, George R. Ferrell, Charles W Gardner, C]~ ~ n · ,~e ce A. Ilo]land, ]). Murray Hall)on, J. Curtis Payne, Mayor Donald tt. Rhodes, and Floyd E. I~raterf'ieid, Jr. Nays- Councilman Robert t-I. Callis, Jr. Absent: Counc5 lman Robert g. Cromwell , Jr. City Council ::lpproved t. lte f~bove application of the City of VJrg:inia Bench to es't:al~tish an ord:il)ance to amend and reor{!ajit the Zoning Orclinance of l~rknces. A~ ' .s no Coullly, V:irF, inia ;~itd thc, ITEH #4926 On motion by Councilman Waterfield, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen· John A. Baum, Robert It. Callis, Jr., Robert g. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrel. 1, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rh. odes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading an appropriation in the amount of $1,750 from Reserve for Contingencies to Tidewater Virginia Development Council for payment of dues covering the period July'l, 1972 to December 31, 1972. ITEM #4927 On motion by Councilman Gardner, seconded by Councilm~n Cromwell, and by recorded vote as follows: Jr ~ ROb · , ~ ert B. Ayes: Councilmen John A. Baum Robert H. Callis, Cromwell., Jr., Vice Mayor F. Reid Ervin, George R. Fgrrell, Charles W. Gardner, Clarence A. Holland, D. Murray MaI. bon, J.~Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading an appropriation in the amount of $418 for travel in the Office of the Commonwealth's Attorney with an offsetting adjustment to estimated revenues for the LEAA Grant Funds. ITEM #4928 On motion by Councilman Malbon, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading a transfer of $13,000 from Code 10312-631-2 to Code 10312-851 to cover the purchase of three refuse collection vehicles. 'ITEM #4929 City Council took no action in the request of Mr. Robert D. W.ilson for a waiver to the zoning moratorium to allow the Planning Commission to hear, on September 12th, the application of Robert Wilson and Associates for a Change of Zonin8 from CL-1 to R-M and a. Use Permit to construe-t: 472 ~7~Ie5~ ApartmentTs and 45 Townhouses. I TEH # 4930 C, ity Council deferred for one week the P, esolutJ, on of Commendation to be presented to the "Virgi. nia Beach :P:ile Drivers" (COUNCILHAN FLO¥I) Ii. WATERFIi!I,1), ,JR. I,EFT Till! COUNCIl, CHAHBJ,~RS) ITEM #4931 On motion by Councilman Garuner, seconded by Councilman Itolland, and by recorded vote as follows' Ayes: Councilmen John A. Baum, Robert 1t. Callis, Jr., Robert B. Cromwell, ..Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles ]~. Gardner, Clarence A. IIolland, D. Murray Malbon, .J. Curtis Payne, and Mayor Donald. II. Rhodes. Nays: None Absent': Councilman Floyd E. Waterfield, Jr. City Council accepted the proposal of Public Administration Services for a study of the revenue structure and the financial planning of the City of Virginia Beach as they relate to the development of the-City and provision of municipal services', and further approved., an appropriation · n the amount of $16,000 as the maximum cost of services to be performed by PAS in the proposed Cost Benefit Study. ITEM #4932 City' Council took no action on the request of CoUncil~.man Callis for a reconsideration of the application of Mrs. SylVia Krug for a Use Permit to construct 40 apartment units of which 16 were approved on June 12, 1972, Item Number 4697. i ITEM #4933 Mr. Bii1 Sanford, President of the Diamond Lakes Estates Civic League appeared before Council requesting they defer action on the "Pumping Station" for a period of thirty (30) days. Council requested the Department of Community Services not to take any action in the matter of developing sewage facilities pending further investigation. ITEM #4934 Vice Mayor F. Reid Ervin initiated a discussion relative to the proposed.M~nicipal Airport in Pungo Borough. No specific action was taken in order to allow all Councilmen ample time to consider the matter thoroughly. ITC. M #4935 ~ Due to the expense involved and the l~ck of knowledge regarding the performance of the "Erosi~.n Control Device", it was the overall consensus of the Council not to ut]lize the device. ITEM #4936 On motion by Councilman Cromwell, seconded by Councilman ttolland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ltolland, D. Murr,~y Malbon, J. Curtis Payne, and Mayor I)onald I1. Rhodes. Nays: None Absent: Councilman Floyd E. Waterf]eld, .Jr. (;it)' Council approved the following Resolution authorizing the issu~nce and sale o17 $3,000,000 Public JmProvement, Bonds, ~eries of [972, of the Vi rp 2~ia: . C2ty of Vit~"ginia ~each, , NOTICE OF SALE $16,000,000 CITY OF VIRGINIA BEACH, VIRGINIA $9,000,000 School Bonds, Series of. 1972 A $4,000,000 Water and Sewer Bonds, Series of 1972 $3,000,000 Public Improvement Bonds, Series of 1972 Sealed bids will be received for tt]e Council of the City of Virginia Beach, Virginia, until 11:00 a.m., Eastern Daylight Time, on August 29, 1972, at the office of the Treasurer of V~rginia, Room 101, Finance Building, Richmond, Virginia, for the p~rchase of all three issues of bonds of the City of Virginia Beach ~escribed herein, at which time the bids will be publicly opened. The three issues are (1) $9,000,000 School Bonds, Series of 1972 A, (2) $4,000,000 Water and Sewer Bonds, Series of 1972~ and (3) $3,000,000 Public Improvement Bonds, Series of 1972. The bonds will be dated September 1, 1972, and will mature without option of prior redemption on September 1 in years and amounts as follows: School Water and Year Bonds Sewer Bonds Public Improve- ment Bond. s Total of Ail Three Issues 1973 $ 110,000 $ 50,000 $ 40,000 $ 200,000 1974 110,000 50,000 40,000 200,000 1975 110,000 50,000 40,000 200,000 1976 110,000 50,000 40,000 200,000 1977 110,000 50,000 40,000 200,000 1978 110,000 50,000 40,000 200,000 1979 165,000 75,000 .60,000 300,000 1980 165,000 75,000 60,000 300,000 1981 165,000 75,000 60,000 300,000 1982 275,000 125,000 100,000 500,000 1983 410,000 190,000 150,000 750,000 1984 410,000 190,000 150,000 750,000 1985 410,000 190,000 150,000 750,000 1986 690,000 310,000 250,000 1,250,000 1987 690,000 310,000 250,000 1,250,000 ].988 690,000 310,000 250,000 1,250,000 1989 960,000 440,000 350,000 1~,750~000 5 000 1,750,000 1_990 960,000 440,000 3_ 0, 1991. 960,000 440,000 350,000 1,750,000 1992 1,390,000 530,000 230,000 2,150,000 :inl;c~'~c. st wi_II b~.~ i)~>',:tl~]c' ~t: ti'la in:i~cs[~).'~] offtic, c.~ of ],'Srst & ~,Ic,.rchants bonds of each issue. No bid for less than all of th.e bonds of all three issues be considered. Bidders are invited to name the rate or rates of interest which the bonds are to bear, not exceeding 6% per year, mul. tiples of 1/8 or 1/10 of 1%. No bid may name more than three any of which may be repeated, and the highest rate may not' exceed lowest rate by more than 2%. All bonds of all three issues rnaturi~:2; on the same date must bear interest at the same rate and interest be represented by only one coupon for each interest payment date. bid for less than par and accrued interest will be considered. Tl~e right ~o reject any oz- all bids and to waive irregularities in any is hereby rcserved. Un]ess all bids are rejected, the bonds of al! three issues will be awarded to the bidder whose proposal results the lowest cost to the City, such cost to be determined by deductiT, zi the total amount of any premiu~n bid from the aggregate amount of upon all of the bonds until their respective maturities. The if any, must be paid in funds as part of the purchase price and allocated to each issue in the proportion which the amount of such bears to the total of all three issues. Each proposal should be enclosed in a sealed envelope, ,! on the outside "Bid for City of Virginia Beach Bonds, should be addressed to. the Council of the City of Virginia Beach, Virginia~ c/,,:, the Office of the Treasurer of Virginia~ and must be accompanied certifi, ed or cashier's check for $320,000 drawn upon. an incorporat~d bank or trust company and payable ~nconditionally to the order of City of Vi~:ginia Beach, Vi~;ginia, to secure the City against any resulting from the fai]ure of the bidde{* to comply with the terms; his proposal. The check of the successful bidder will be deposited and cz*edited on the purchase price 'and no interest will be allowed thereon. The proceeds of the check will be retained by the City liquidated damages in case the bidder fhils to accept delivery of pay foz* the bonds. Checks of unsuccessful bidders will be returned promptly upon award of the bonds. Virginia or, at The bonds will be delivered at t~zchmond, , option of the purchaser, .at New York, New York, at the expe.nse of City, about September 28, 1972. The unqualified opinion of Messrs. Hunton, Williams, Gay Gibson of t~zchmond, Virginia, will be furnished to the successful without charge, will be printed on the back of the bonds and will that the bonds constitute valid a~fd 'legally binding obligations City and that the City is authoz*ized ,and required by law to levy va].orem taxes, without limitatSon as to rate:or amount, on all property in thc City to pay the principal of and interest on the At the request of t-he st~cc:essful bidder such firm will also furn'~ supplen~ental opinion to tl~c effect tbaL tl~ey have taken into accou'~ to their knowledgc, threatened to restrain or enjoin the issuance or delivery of the bonds or the l=.vy and collection of taxes to pay prin- cipal and interest, or in any manner questioning the proceedings and authority under which the bonds are issued'. The City Council will be in session at 11:00 a.m. on the date of the sale for thc purpose of taking prompt action on the bids. Bid¢~ers are requested to use the bid form which, together with financial information for bi~ic~ers, may be obtained from Wheat, First Securities, Inc., 801 East Main Street, Richmond, Virginia 23219. CITY OF VIRGINIA BEACH, VIRGINIA By: Roger M. Scott City Manager ITEM ~l 4.937 On motion by Councilman Holland, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. W~terfield, Jr. City Council approved the following Resolution author~z~ng the issuance and sale of $4.,000,000 Water and Sewer Bonds, Series of 1972, of the City of Virginia Beach, Virginia: At a regular meeting of the Council of the City of Virginia Beach, Virginia, held on the ~h day of August, 1972, PRESENT: Com~cilman John A. Baum Counciln~n ~obert H. Callis, Jr. Councilman Robert B. Cron~gell, Jr. Vice ~yor F. I~id F~vin Councilman C~orge R. Ferrell Couacilman Charles W. Gardner Com~cilman Clarence A. Holland Co~mcilm~ D. ~rray Malbon Councilman J. Curhis Payne Mayor Donald H. Rhodes ABSENT: Councilman Floyd E: Waterfield, Jr. the following resolution was adopted by a majority of all members of the Council by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as show~ below: MEMBER VOTE Councilman John A. Baum Aye Councilman Robert H. Callis, Jr. Aye Councilnmn Robert B. Cromwell., Jr. Aye Vice b~ayor F. Reid Ervin Aye Oounci~mma C~orge R. Ferrell Aye Councilman Charles W. Gardner Aye Councilman Clarence A. Holland Aye Councilman D. Murray ~lbon Aye Oouncilman J. Curtis Payne Aye Mayor Donald H. P~odes Aye ABSENT: Councilman Floyd E. Waterfield, Jr. RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $4,000,000 WATER AND SEIZER BONDS, SERIES OF 1972, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS A~ PAYMY~NT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The issuance of water and sewer bonds of the City of Virginia Beach, Virginia, in the amount of $4,000,000 having been authorized by an ordinance adopted by the Council of the City of Virginia Beach on '2. August 7, 1.972, to provide funds for improving and extending its water transmission and distribution system and sewer collection system and to refund $2,000,000 Water and Sewer Bonds due November 1, 1972, all of such bonds are hereby authorized to be sold. 2. The bonds shall be coupon bonds without privilege of regis- tration, shall be designated ~Water and Sewer Bonds, Series of 1972," shall be dated September 1, 1972, shall be of the denomination of $5,000 each, shall be numbered from 1 to 800, inclusive, and shall mature in numerical order in installments of $50,000 on September 1 in each of the years 1973 to 1978, inclusive; $75,000 on September 1 in each of the years 1979 to 1981, inclusive; $125,000 on September 1, 1982; $190,000 on September 1 in each of the years 1983 to 1985, inclusive; $310,000 on September 1 in each of the years 1986 to 1988, inclusive; $440,000 on September 1 in each of the years 1989~. to 1991, inclusive; and $530,000 on September 1, 1992, without option of prior redemption. The bonds shall bear interest at such rate or rates not to exceed 6% per year as determined at the time of sale, payabl~ semiannually o~ March 1 and September 1. Both principal and interest shall be payable at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder. .~ 3. The bonds shall be signed by the facsimile signature of the Mayor of the City of Virginia Beach, shall be countersigned by the Clerk of the City and a facsimile of its seal shall be printed on the bonds. The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Mayor and Clerk. 4. The bonds and coupons shall be in substantially the followin~ form: (FO~4 OF BOND) No o UNITED STATES OF AMERICA COb~ONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer Bond~ Series of 1972 $5,000 The City of Virginia Beach, Virginia, for valu,~ received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the sum of FIVE THOUSAND DOLLARS ($5,000) on September 1, 19__, and to pay interest thereon from the-date hereof to maturity at the rate of per cent (. %) per year, payable semiannually on March 1 and September 1 upon presentation and surrender of the attached coupons as they become due. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder. This bond is one of an issue of $4,000,000 Water and Sewer Bonds, Series of 1972, of like date and tenor, except as to number, rate of interest and maturity, authoriz.ed by an ordinance duly adopted by the Council of the City of Virginia. Beach on August 7, 1972, and · is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Charter of the City of Virginia Beach (Chapter 147, Acts of Assembly of ]962, as amended) and the Public Finance Act, as amended, to provide funds for improving and extending its water transmission and distribution system and sewer collection 14. system and to refund $2,000,000 Water and Sewer Bonds, Series of 1967. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on this bond. Ail acts, conditions and things required by the Constitution and s~atutes of the Co~nonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the City of Virginia. Beach, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by the facsimile signature of its Mayor, to be countersigned by its Clerk, a facsimile of its seal to 'be printed hereon, the attached i~terest coupons to be authenticated by the fac- simile signatures of its Mayor and Clerk, and this bond to be dated. September 1, 1972. COUNTERSIGNED: Clerk, City of Virginia Beach, Virginia (SEAL) -. Mayor, City of Virginia Beach, Virginia. No. (FORM OF COUPON) March On September 1, 19 , the City of Virginia Beach, Virginia, will pay to bearer the amount shown hereon in lawful money of the United States of America at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder, being the semiannual interest then due on its Water and Sewer Bond, Series of 1972, dated September 1, 1972, and numbered . Clerk, City of Virginia Beach, Virginia. ~Mayor, City of Virginia Beach, Virginia 5. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on the bonds. There shall be levied and collected annually on ali locally taxable property in the City an a~ valorem tax over and above all other taxes authorized or limited by law sufficient to pay sdch principal and interest as the same respectiVely become due and payable. 6. The bonds shall be sold together with $9.000,000 School Bonds, Series of 1972 A, and $3,000,000 Public ImproVement Bonds, Series of 1972, as a combined issue of $16,000,000 bonds. The City Manager is hereby authorized and directed to advertise the bonds for sale substantially in accordance with the attached Notice of Sale. The City Manager, in collaboration with Wheat, First Securities, Inc., the City's financial advisor, may make such changes in the Notice of Sale not inconsistent with the provisions of this resolution as they may determine to be in the best interests of the City. 7. After the bids have been received and the bonds awarded, the Mayor, City Manager and Clerk are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the purchaser thereof upon payment therefor. 8. The proceeds from the sale of the bonds shall not be investcd in securities or obligations which may be reasonabl~ expected to produce a yield which is materially higher than the yield on the bonds if such investment would cause the bonds to be classified as arbitrage bonds under Section 103(d) o:f the Inl;ernal Revenue Code of 1954, as amended, and regulations adopted pursuant thereto. 9. The Clerk is hereby authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach, and within ten days thereafter to cause to be published once in a newspaper having general circulation in the City of Virginia Beach a notice setting forth (1) in-brief and general terms the purposes for which the bonds are to be issued and (2) the amount of such bonds and the amount for each purpose. 10. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held August q~, 1972, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my hand and the seal of the City of Virginia. Beach, Virginia, this J~iI'-!~day of August~ 1972. Clerk, City of Virginia Beach, Virgi%ia (SEAL) NOTICE OF SALE $]_6,000,000 CITY OF VIRGINIA BEACH, VIRGINIA $9,000,000 School Bonds, Series of 1972 A $4,000,000 Water and Sewer Bonds, Series of.1972 $3,000,000 Public Improvement Bonds, Series of 1972 Sealed bids will be received for the Council of the City of Virginia Beach, Virginia, until 11:00 a.m., Eastern Daylight Time, on August 29, ].972, at the office of the Treasurer of Vir!ginia, Room 101, Finance Building, Richmond, Virginia, for the purchase of all three issues of bonds of the City of Virginia Beach described herein, at which time the bids will be publicly opened. The three issues are (1) $9,000,000 School Bonds, Series of 1972 A, (2) $4,000,000 Water and Sewer Bonds, Series of 1972, and (3) $3,000,000 Pub].ic Improvement Bonds, Series of 1972. The bonds will be dated September 1, 1972, and will mature without option of prior redemption on September I in years and amounts as follows: School Water and Year Bonds Sewer Bonds Public Improve- ment Bonds Total of All Three Issues 1973 $ 110,000 $~ 50,000 $ 40,000 $ 200,000 1~74 110,000 50,000 40,000 200,000 1975 110,000 50,000 40,000 200~00Q 1976 110,000 50,000 40,000 200,000 1977 110,000 50,000 40,000 2R0,000 1978 110,000 50,000 40,000 200,000 1979 165,000 75,000 60,000 300,000 ].980 165,000 75,000 60,000 300,000 1981 165,000 75,000 60,000 300,000 1982 275,000 125,000 100,000 500,000 1983 410,000 190,000 150,000 750,000 1984 410~000 190,000 150,000 750,000 1985 410,000 190,000 150,000 750,000 1986 690,000 310,000 250,000 1,250,000 1987 690,000 310,000 .. 250,000 1,250,000 1988 690,000 310,000 250,000 1,250,000 1989 960,000 440,000 350,000 1,750~000 1990 960,000 440,000 350,000 ].,750,000 -1991 960,000 44-0,000 350,000 1,750~000 1992 1~390,000 530,000 230,000 2,150,000 ']'lac, bonds will 'bo. of t'he. dc~not;~inat:iol~ of $5,000 each and will be in coupon fo'~:m without p~tivilc~g~ of ~:eg~,ist:'r~ttion, ]lnt~<:st will be interest will be payal}lc at thc,' pazincipal off:[c(~ of Fi.~tst & ?,'lerct~ants bonds of each issue. No bid for less than all of the bonds of all three issues will be considered. Bidders are invited to name tbe rate or rates of interest which the bonds are to bear, not exceeding 6% per year, in multiples of 1/8 or 1/10 of 1%. No bid may name more than three rates, any of-which may be repeated, and the highest ra.te may not exceed the lowest rate by more than ~_~o. Ail bonds of all three issues maturing on the same date must bear interest at the same rate and interest shall be represented by only one coupon fo~: each interest payment date. No bid for less than par and accrued interest will be cOnsidered. The right to reject any or all bids and to waive irregularities in any bid is hereby reserved. Unless all bids arc.rejected, t~he bonds of all three issues will be awarded to the bidser whose .proposal results in the lowest cost to the City, such cost to be determined by deducting the total amount of any premium bid from the.aggregaLe amount of interest upon all of the bonds until their respective maturiti[es., The premium, if any, must be paid in funds as part of the purchase price and will be allocated to each issue in the proportion which the a'mount of such issue bears to the total of all. three issues: Each proposal, should be enclosed in a sealed envelope, marked on the outside "Bid for City of Virgi~ia Beach Bonds," should be addressed to. the Council. of the City of Virginia Beach, Virginia, c/o the Office of the Treasurer of Virginia, and must be accompanied by a certified or cashier's check for $320,000 drawn upon an incorporated bank or trust company and payable unconditionally to the order of the City of Virginia Beach, Virginia, to secure the City against any loss resulting from the failure of the bidde~: to comply with the terms of his proposal. The check of the s%~ccessful bidder will be deposited and credited on the purchase price and no interest will be allowed thereon. The proceeds of the check will be retained by the City as liquidated damages in case the bidder fails to accept delivery of and pay for the bonds. Checks of unsuccessful bidders will be returned promptly upon award of the bonds. The bonds will be delivered at Richmond, Virginia, or, at the option of the purchaser, at New York, Ne~ York, at the expense of the City, about September 28, 1972. The unqualified opinion of Messrs. Hunton, Williams, Gay & Gibson of Richpaond, Vi~:ginia, will be furnished to the successful bidder without charge, will be printed on the back of the bonds and will state that the bonds constitute w~].id and legally binding obligations of the City and that the City is authorized and required by law to levy ad ~' ~ without limitation as to rate or amount, on all taxable property ~n the City to pay the p~incipal of and interest on the bonds. At the z~.q~eoL of the successful bidde~ such firm ~eill also furnish a supplemcu~tal opinion to the c.fJect tl'~at thoy have taken into account ~].~d~. 0~1 lOC .11~[ V Jt'l~] e-q C~4 :'~llC]I ~qS ~C~]Z'U~]I]C~ P }:' :i o ?, l: pen<tins~ :[!:1 (iai :[.foi::nJ;l~ ~}la].]c~n~.,,:[~q~'; L]~c} c(:n]s;LJ_gut:ioncl] iL5, Of . , ..un{~,; roi' t}ublic school l:)UVl>OSeS, a]]<l t:hat such l.:Lt::t!~,atJon (loc5. noL n~odtfy or qual_:Lfy the to their know]edge, threatened to restrain or enjoin the issuance or delivery of the bonds or the levy and collection of taxes to pay prin- cipal and interest, or in any manner questioning the proceedings and authority under which thc bonds are issued. The City Council will be in session at 11:00 a.m. on the date of the sale for the purpose of taking prompt action on the bids. Bidders are requested to use the bid form which, together with financial information for bidders, may be obtained f~om Wheat, First Securities, Inc., 801 East Main Street, Richmond, Virginia 23219. By: CITY OF VIRGINIA IEACH,~ Roger M. Sco~t City Manager VIRGINIA ITEIq #4937 (a) City Council unanimously approved the following names to the Norweigian Lady Committee: Councilman Charles W. Gardner Councilman Robert H. Callis, ,Ir. Mr. Thomas Baptiste Mr. Rolf Williams ...... I T EI'/I t; 4938 On motion by Council. man Ferrell, seconded by Councilman Gardner, and by recorded vote as follo¥?s: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: 'NOne Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following Resolution authorizing the issuance · and sale of $9,000,000 School Bonds, Series 1972 A, of !the City of Virgini~ Beach, Virginia: At a regular meeting of the Council of the City of Virginia Beach, Virginia., held on the/~~-/~ day of August, 1972, PRESENT: Counci]~mn John A. Baum Councilman Robert H. Callis, Jr. Councilman Bobert B. Cron~ell, Jr. Vice Mayor F. Reid Ervin CounciLman George R. Ferrell Counciln~nn Charles W. Gardner Council~nn Clarence A. Holland Councilm~n D. Murray Malbon Councilr~..nn J. Curtis Payne Mayor Donald H. P~odes ABSENT: Councilman Floyd E. Waterfield, Jr. the following resolution was adopted by a majority of all members of the Council by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below:' MEMBER Councilman John A. Baum Aye Councilman Robert H. Callis, Jr. Aye Councilman Robert B. Cro~ell, Jr. Aye Vice Mayor F. Reid Ervin Aye Councilman George R. Ferrell Aye Councilman Charles W. Gardner Aye Councilman Clarence A. Holland Aye Councilman D. Murray Malbon Aye Councilman J. Curtis Payne Aye Mayor Donald H. Rhodes Aye ABSF/~T: Councilman Floyd E. Waterfield, Jr. VOTE RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $9,000,000 SCHOOL BONDS, SERIES OF 1972 A, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED~ AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ~ 1. The issuance of school bonds of the City of Virginia Beach, Virginia, in the amount of $12,600,000 having been approved at an election held in the City of Virginia Beach on .February 8, 1972, and none of such bonds having been sold, there are hereby authorized to be sold $9,000,000 bonds of such authorized amount· 2o The bonds shall be coupon bonds without privilege of regis- tratioh, shall be designated "School Bonds, Series of 1972 A,~' shall be dated September 1, 1972, shall be of the denomination of $5,000 each, 'shall be numbered from 1 to 1,800, inclusive, ~nd shall mature in numerical order in installments of $110,000 on September 1 in each of the years 1973 to 1978, inclusive; $165,000 on September 1 in each of the years ~79 to 1981, inclusive; $275,000 on Sep!tember 1, 1982; $410,000 on September 1 in each of the years 1983 to 1985, inclusive; $690,000 on September 1 in each of the years 1986 to 1988, inclusive; $960,000 on September 1 in each of the years 1989 to 1991, inclusive; and $1,390,000 on September 1, 1992, without option of prior redemption. The bonds shall bear interest at such rate or rates not to exceed 6% per year as determined at the time of sale, payable semiannually on March 1 and September 1. Both principal and interest shall be payable at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New Yoyk, New York, at the option of the holder. 3. The bonds shall be signed by the facsimile signature of the Mayor of the City of Virginia Beach, shall be countersigned by the Clerk of the City and a facsimile of its seal shall be printed on the bonds· The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Mayor and Clerk· 4. The bonds and coupons shall be in substantially the following form: be payable at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder. 3. The bonds shall be signed by the facsimile signature of the Mayor of the City of Virginia Beach, shall be countersigned by the Clerk of th~ City and a facsimile of its seal shall be printed on the bonds. The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Mayor and Clerk. 4. The bonds and coupons shall be in substantially the following form: (FORM OF BOND) No. $5,000 UNITED STATES OF AMERICA COMMON]~EALTH OF VIRGINIA CITY OF VIRGINIA BEACH Public Improvement Bond, Series of 1972 The City of Virginia Beach, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the sum of FIVE THOUSAND DOLLARS ($5,000) on September 1, 19 ..., and to pay interest thereon from the date hereof to maturity at the ~rate of per cent %) per year, payable semiannually on March 1 and September 1 upon presentation and surrender of the attac}~ed coupons as t~hey Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, to provide funds to finance, together with other available funds, the cost of constructing, improving and equipping school 'buildings and related facilities and sites there, for. The full faith and credit of the CitY of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditions and things required by ~he Constitution and statutes of the Common~ealth of Virginia to happen, iexist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and th~ issue of bonds of which this bond is one, together with all other indebtedness of the City of Virginia Beach, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia has caused this bond to. be signed by the facsimile signature of its Mayor, to be countersigned by its Clerk, a facsimile of its seal to be printed hereon, the attached interest coupons .to be authenticated by the fac- simile signatures of its Mayor and Clerk, and this bond to be dated September 1, 1972. COUNTERSIGNED: Clerk, City of Virginia Beach~ Virginia (SEAL) Mayor, City of Virginia Beach, Virginia (FORM OF COUPON) No. $ March On September 1, 19 , the City of Virginia. Beach, Virginia, will pay to bearer the amount sho~m hereon in lawful money of the United States of America at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder, being the semiannual interest then due on its School Bond, Series of 1972 A, dated September 1, 1972, and numbered . Clerk, City of Virginia Beach, Virginia. Mayor, City of Virginia Beach, Virginia 5. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on the bonds. There shall be levied and collected annually On all locally taxable property in the City an ad valorem tax over and above all other taxes authorized or limited by law sufficient to pay such principal and interest as the same respectively become due and payable. 6. The bonds shall be sold together with $4,000,000 Water and Sewer Bonds, Series of 1972, and $3,000,000 Public Improvement Bonds, Series of 1972, as a combined issue of $16,000,000 bonds. The City Manager is hereby authorized and directed to advertise the bonds for sale substantially in accordance with the Notice of Sale attached to the resolution authorizing the issuance of $4,000,000 Water and Sewer Bonds, Series of 1972, also adopted on this date. The City Manager, in collaboration with Wheat, First Securities, Inc., the City's finan- cial advisor, may make such changes in the Notice of Sale not incon- sistent with the provisions of this resolution as they mm.y determine to be in the best interests of the City. 7. After the bids have been received and the bonds awarded, the Mayor, City Manager and~]lerk are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the purchaser thereof upon payment therefor. 8. The proceeds from the sale of the bonds shall not be invested in'securities or obligations which may be reasonably expected to produce a yield which is materially higher than the yield on the bonds if such investment would cause ~he bonds to be classified as arbitrage bonds ~mder Section 103(d) of the Internal Revenue Code of 1954, as amended, and regulations adopted pursuant thereto. 9. The Clerk is hereby authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach. 10. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular .meeting of the Council of the City of Virginia Beach held August-~, 1972, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my hand and the seal of the City of Virginia Beach, Virginia, this J~i:!~day of August, 1972. (SEAL) Clerk, City of Virginia Beach., V'~ rg~.n~a I Tt:.M J! 4 9 3 9 On motion by Councilman Itol]and, sedonded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. P, aum, Robert H. CallJs, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Erv~in, George R. Ferre11, Charles l~. Gardner, Clarence A. ttolland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald It. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council appro,ved the following applications for tax refunds in the amount of $1,412.4-2: Hr. Date ]~imson City Atto?ney '~ l)at~ Aug~u~t 1, 1972 FRO,H: lit. V. A. Ethert. dge, 'i'rcasurer · .]3JECT: Al)pllcatiott-,~or Tax Refunds: :-e r~ .... ;~,- app!icatiens for r~fund of t.... .... t~taltng ..,~ certified for payment, as set forth ae~.o~: Cro. asy, Frank Crockford, Jun Le. Fugh, Lawrence E. G4'-'ord, Lee. A. -' Gi ....ord,'Lee A. Sedel,. Norman G. Shrieves, Gerald Stout, Hazel L. Tax Year 72 72 72 7o 71 72 72 72 Type .f CD pp' PP · RE 1/2 ~E 1/2 CD. PP CD 1,412.42 ation Ho. 'q Ticket Number , 36626 1.513'9 2331,2 17923 2/2 18317 2/2. 35864 59357 9772 7493 74'~8 823 821 Date Pa id 07-21-72 05 -23-72 05-23~72 06-10-70 12-05-70. 06-08-71 12-06-72 !05-12~72 7501 -05-24-72 07-27 -72 V, A. Et:hcridge: Traanurar '5. O0 23. lO ,62 .O6. 662.08 10. O0 40.98 ~5 00 aLty .! 4. 23. 662. 662. 10. 40. 5. At a regular meeting of the Council of the City of Virginia Beach, Virginia, held on the ~h day of August, 1972, PRESENT: Councilman Jo~ A. Baum Cotmcilman Pobert H. Callis, Jr. Councilman Robert B. Cromwell, Jr. Vice ~yor F. P~id Ervin Councihrmn C~orge R. Ferrell Councilman Charles W. Gardner Councilman Clarenoe A. Holland Councilman D. Izm~.~-ray Malbon Councilman J. Curtis Payne Mayor Donald H. Rhodes ABSENT: Councilman Floyd E. Waterfield, Jr. the following resolution was adopted by a majority of all members of the Council by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER Councilman John A. Baum Councilman P©bert H. Callis, Jr. Councilman Robert B. Cron%~ll, Jr. Vice I~yor F. Reid Ervin Counci]n~n -Ceorge R. Ferrell Councilman Charles W. Gardner Councihnan Clarence A. HOlland Councilman D. ~zrray Ma]Don Councilman J. Curtis Payne Mayor Donald H. Rhodes ABSENT: Councilman Floyd E. Waterfield, Jr. VOTE Aye Aye Aye Aye Aye Aye Aye Aye ~ Aye Aye RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $3,000,000 PUBLIC IMPROVEMENT BONDS, SERIES OF 1972, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTt!ORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Tbe issuance of public improvement bonds of the City of Virginia Beach, Virginia, in the amount of $3,000,000 having been authorized by an ordinance adopted by the Count, il of the City of Virginia Beach on August 7, 1972, to prow[de funds, together with other funds that may be available, for the following purposes: Planning, construction, site improve- ments and equipping of municipal buildings, including public safety building, courts building, central garage, welding and body shop, fire stations, animal control building and storage building $ 877,000 Complete reclamation of landfill for recreation purposes and construction of improvements thereon Bulkheading south of existing board- walk along oceanfront Comprehensive mapping program, including aerial photography, engineering and dra~ing work' 105,000 75,000 160,000 Improve and extend streets and highways 1,783~000 $3,000,000 all of such bonds are hereby authorized to be sold. 2. The bonds shall be coupon bonds without privilege of z'~gis- tration, shall be designated "Public Improvement Bonds, Series of shall be dated September 1, 1972, shall be of the denomination of $5,000 each, shall be numbered from 1 ~o 600, inclusive, and shall mature in numerical order in installments of $40,000 on September: each of the years 1973 to 1978, inclusive; $60,000 on September each of the years 1979 to 1981, inclusive; $100,000 on September 1982; $150,000 on September 1 in each of the years 1983 to 1985, sive; $250,000 on September 1 in each of the years 1986 to 1988, sive; $350,000 on September 1 in each of the years 1989 to 1991~ sive; and $230,000 on September 1, 1992, without option of prio~i~ redemption. The bonds shall bear interest at such rate or rate.~: :~ to exceed 6% per year as determined at .-the time of sale, payabic~ annually on March 1 and September 1. Both principal and interc~, .~. (FORM OF BOND) No. $5,000 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH School Bond,~ Series of 1972 A The City of Virginia Beach, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the sum of FIVE THOUSAND DOLLARS ($5,000) on September 1, 19 .... , and to pay interest thereon from the date hereof to maturity at the rate of '~ per cent (. ?o) per year, payable semiannually on March 1 and September 1 upon presentation and surrender of the attached coupons as they become due. Both principal of and interest on this bond are payable in lawf61 money of the United States of America at the prin- cipal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder. This bond is one of an issue of $9,000,000 School Bonds, Series of 1972 A, of like date and tenor, except as to number, rate of interest and maturity, authorized at an election duly called and held in the City of Virgi. nia Beach on February 8, 1972, and is issued pur- suant to the Constitution and statutes of the Commonwealth of Virginia, including the Charter of the City of VirginJ~a Beach (Chapter 147, a become due. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of First & Merchants National Banl~, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder. This bond is one of an issue of $3,000,000 Public Improvement Bonds, Series of 1972, of like date and tenor, except as to number, rate of interest and maturity, authorized by an ordinance duly adopted by the Council of the City of Virginia Beach on August 7, 1972, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Charter of the City of Virginia. Beach (Chapter 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, to provide funds, together with other funds that may be a~ailable, for constructing and improving various public facilities and improvements. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditions and things required'by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and ~if[i the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the City of Virginia Beach, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITRrESS WHEREOF, the City of Virginia Beach, Virginis, has caused this bond to be signed by t~e facsimile signature of its Mayor, to be countersigned by its Clerk, a facsimile of its seal to be printed hereon, the attached interest coupons to be authenticated by the facsimile signatures of its Mayor and Clerk, and this bond to be dated September 1, 1972. COUNTERSIGNED: Clerk, City of Virginia Beach, Virginia ( S EArL ) Mayor, City of Virginia Beach, Virginia (FORM OF COUPON) No. $ March '~' On September 1, 19 , the City of Virginia Beach, Virginia., will pay to bearer the amount shown hereon in lawful money of the United States of America. at the principal office of First & Merchants National Bank, Richmond, Virginia, or Bankers Trust Company, New York, New York, at the option of the holder, being the semiannual interest then due on its Public Improvement Bond, Series of 1972, dated September 1, 1972, and numbered .~ . Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia 5. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on the bonds. There shall be levied and collected annually on all locally taxable property in the City an a~ valorem tax over and above all other taxes authorized or limited by law sufficient to pay s~ch principal and interest as the same respectively become due and payable. 6. The bonds shall be sold together with $91000,000 School Bonds, Series of 1972 A, and $4,000,000 Water and Se~er ~Bonds, Series of 1972, as a combined issue of $16,000,000 bonds. The City Manager is hereby authorized and directed to advertise the bonds for'sale sub- stantially in accordance with the Notice of Sale attached to the reso- lution authorizing the issuance of $4,000,000 Water and Server Bonds, Series of 1972,~ also adopted on this date. The.City Manager, in collaboration with Wheat, First Securities, Inc., the City's financial advisor, may make such changes in the Notice of Sale not inconsistent with the provisions of this resolution as they may determine to be in the best interests of the City. 7. After the bids have been received and the bonds awarded, the Mayor, City Manager and Clerk are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the purchaser thereof upon payment therefor. 8. The proceeds from the sale of the bonds shall not be invested in securities or obligations which may be reasonably expected to produce a yield which is materially higher than the yield on the bonds if such investment would cause the bonds to be classified as arbit. '!~e bonds under Section 103(d) of the Internal Revenue Code of 1954~ as amended~ and regulations adopted pursuant thereto. e 9. The Clerk is hereby authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach, and within ten days thereafter to cause to be published once in a newspaper having general circulation in the City of Virginia Beach a notice setting forth (1) in brief and general terms the purposes for which the bonds are to be issued and (2) the amount of such bonds and the amount for each purpose. 10. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held August ~%, 1972, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my hand and the seal of the City of Virginia Beach, Virginia, this /~/~ day of August, 1972. (Sm L) Clerk, City of V. irginia Beach, Virginia ~ ,' ITEH ,~4940 On ]:~o't:ion by Cou]xcilman Cromwell, seconded by Councilman Malbon, and by recorded vote as follows' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Rei. d Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following Ordinance to appoint Viewers relatiw to closing a service access road 5. n Woods of Avalon in Kempsville Borough: ORDINANCE APPOINTING VIEWERS WHEREAS, the Raco Construction Corporation, has givien due and proper notice, in accordance with the statutes for such c,ases made and provided, that it would on this day apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, if any, what inconvenience would result from the discontinuance of the hereinafter described portion of "Service Access Roa~:', located in the Kempsville Borough of the City of Virginia Beach, Virginia, and such application has been duly filed with the said Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, are hereby appointed to view the below described property and report in writing Eo the Council on or befor~ whether, in their opinion, any, and if any~ what inconvenience would result from the discontinuance, closure, and vacation of that certain "Service Access Road", located in the Borough of Kempsville, City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT CERTAIN portion of that certain public right of way entitled, "Service Access Road" as appears on the pla[ of Section Two (2), Woods of Avalon~ which plat is duly recorded in the Clerk's Office of the Circui~ Court of the City of Virginia Beacll, Virginia, in Hap Book 74, at page 23, and being more particularly describeJ as "PAI~CEL B.-,ITM on ttlaL certain pl.yfiical survey en~il:l~d, '~PIIYSIC/'d. SURVEY OF PARCEL B-I, SECT101t TWO, WOODS OF AVAt. 0i,~, I(EHPSVI I.I.E BOP, 0Ui~II, VII',GINIA i;EA(:H, VIRGINIA, FOR RACO CONSTRU(:TION CORi'O~hATtON .... hOkl .,I.K -. !:'Olt] , Vll~(il IA', a copy of which ]TEH #4941~ Mayor Donal. d H. Rhodes indicated it was his intention to call a Special Heeting o~[ the City Council of the City of Virginia Beach, Virginia, at 11:00 a.m., on Tuesday, August 29, 1972, in the City Council Chambers, Municipal Center, Princess Anne Station, Virginia Beach, Virginia. The purpose of this meeting is to receive bids on proposed bond issues of the City of V]rg]nia Beach. ITEM #4942 Mayor Donald H. Rhodes indicated it was his intention to call a Special Meeting of the City Council of the City of Virginia Beach, Virginia, at 9:00 a.m., on Friday, September 1, 1972, in the City Council Chambers, Muni. cipal Center, Princess Anne Station, Virginia Beach, Virginia. The purpose of this meeting is to comply with the requirements of the Bond Attorneys, who require that the Mayor for the City shall be elected effect2ve September 1, 1972, in that the bonds issued by the City will carry a facsimile of the new Mayor's signature. Furthermore the City Council, as required by the City Code, will elect a permanent Vice Mayor. ITEM #4945 At the close of business on June 30, 1972, the City had outstanding purchase orders totaling $466,386.00. This represents purchases which had been contracted for but for which Bills had not yet been received at the close of the fiscal year. On motion by Councilman Cromwell, seconded by Councilman Gardner, and by recorded vote as follows: AyeS: Councilmen John A. Baum, Robert H. CaJlis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland2 D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the reappropriation of th~ unexpended budgetary balances from the Fiscal Year 1972 as follows: General Fund Water and Sewer Fund Date Processing Working Capital Fund Virginia Beach Special Revenue Fund Total appropriation $425,040.00 40,507.00 650.00 189.00 '$466,586.00 ITEM #494.4 On motion by Councilman Cromwell, seconded by Councilman Payne and by recorded vote as follows: ' ' Ayes' Councilmen John A. Baum, Robert II. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid ErvJ. n, George R. Ferre11, Charles W. Gardner, Clarence A. IIolland, D. Murray Malbon, J. Curtis Payne, and blayor Donald 11. P, hodes. Nays: None Absent: Councilman Floyd E. Waterfiel(t, Jr. City Count:il approved a~) appropriation in the amount of $2,200 from the Reserve :for Contingencies to purcl~ase from Hr. John W. Nelson the right of way :For thc~ curYe at 58th St. re,,_~t and. llolly Avenue, which presently encroaches on Mr. Nel.'~on's l~riv~t:c pro!)erty' ITEM #4945 On motion by Councilman llolland, seconded by Councilman Callis, and by recorded vote .ns follows: Ayes: Councilmen John A. Baum, Robert H. Callis, J'r., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. llolland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald ti. Rhodes. Nays · None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved an appropriation in the amount of $52,456 for the low bid of Van de Riet Construction Company for the Boulevard Manor sewage pumping station. ITEM #4946 On motion by Councilman Cromwell, seconded by Councilman Holland and. by recorded vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. CromwelI, Jr., VJce Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved an appropriation in the amount of $288,360.50 for the low bid of Stewart Construction COmpany for the Boulevard Manor gravity sewer system. ITEM #4947 On motion by Councilman Gardner, seconddd by Councilman Cromwell, and by recorded vote as follows: " Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid. Ervin,. George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: None Absent: Council. man.. Floyd E. Waterfield, Jr. City Council approved, a tempe~:'ary'route and fare change to accomodate transportation needs of the 1'asr Coast Surfing Contest. ITEM #4948. On motion by Counci]man Holland, seconded by Councilman Gardner and by recorded vote as follows: ' ' Ayes: Coun. cilmen John A. Baum, Robert ti. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Itolland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald It. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved, an appropriation in the amount of $64,000 to purchase from Motorola (]omp~ny a pump station radio alarm system. ITEM #4949 On motion by Councilman Gardner, seconded by Vice Mayor Ervin, and b'y recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved a contribution to the Drug Focus Committee in the amount of $350.00 to cover certain clerical expenses necessary for their continued operation. This contribution is funded as a "contribution to the Drug Focus Committee", in budget Account #1010-521, and is subject to year end audit. ITEM #4950 On motion by Councilman Ferrell., seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays' None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following Resolution for the City of Norfolk to make connections and to furnish water through a proposed water system, located at Cedar Hill, Phase II, Kempsville Borough: ..~ resolution requesting the City of Norfolk to ~- ctions and to fut'nish water ri,axe conne through a proposed water system, located at Cedar IJill in the City of Virginia t3eacb, further described below. Whereas, it is proposed, by thc City of Virginia Beach, Virginia, at the request of the \.'Valtrnar Corporation, to extend proposed water naains in accordance with the existi~,g contract betv:een thc City of ¥ir~inia Beach and City of i<orfolk, in Cedar Hill, ]7>b:~se 1'[, in the streets list:ed as follows: N.n-rne of Street Li~ eai Feet Number of Hydrants Parkland I~ane Zinia Court St rickl;,nd Blvd. Strickl~,nd Blvd. .Aspen Drive AsRen Drive Aspen Circle ~o,:enia Cour~ ~oocl~tlff Circle _.larig'olcl Circle tiearth Court !Iea:-~h CSrcle lh~ .kland 1213 4" 182 10" 795 6TM 1014 10" 758 6" 698 4" 257 4" 178 4" 102 '4" , 185 6" 1092 6" 375 6" 46 4'~ 485 2 1 NOW, TNER]i]FO}IN, Bt] IT RESOI.\rND, float the City of Norfolk be au,i hereby ~s reqnestcd [o rn~ke a con~ect~on of thc proposed wafer n~a]ns with t}~: present n'~ains of said (;i~y at the sa{d designation, and upon .conM~le[ion of tho installation of the proposed ~nains, ~o suppl'/ water to cons'.umer~.. ,'e~idin,~~ ~ o th( it being expressly, undersf, ood and a~reed~, that the supplying of said water by th City of Norfolk shall be upon and subject to the fo]lowing ~rms and conditions: l. That the said water mains shall be installed in accordance with the specifications of the said City of Norfolk and to the satisfaction of the Director' Public Works of said Citlz, at no cost to the City of Norfolk. 2. That the water so suppl~ed throzt~h said mains to consumers shall the same rate now, or hereafter, cltarged by the City of Norfolk to consun2ers the limits of said Gity s~milarly situated. 3. That all ordinances of the City of Norfolk and all rules and regula(ic:.: the Division of W'ater Supply of said City, now or her'eaftter ad~pted and put relating to the. furnishJn~ of water shatl_ apply to the suppJy~n~ ~f said proposed mains. 4. .That the said City of Norf°]k shall tie under no obligation to furnis?: water than its d~stribution system as now laid, w~.th the pressure carrie'd, into said mains, and if the said supplying of water aha1] not be in accordanc~:~ standard service, the said City of Norfolk shall not be Neld responsible in 5. That in supplyi~g water to consurrzers along the said proposed mai:.z 'City of Norfolk will supp-ly the san'm only from its surp]us supply, and that shall there be any ob!].2ation on the part of said City to slopply water to any along the propos~ ~ " ~, mains at any time when, in !:he judgement of the G~iy of Nr~rfo]k, the said City shall not have sufficient supp]y for use within limits, or ,~,c:;ever the supptyhag of ssid water shall /hi:effete with the the alum~ of sa:~l {2~):v to supply water to i~:s own inhab$tants. 6'. 7h.:~! 57o:m and after the 5nsta]]ation of the xva~er mains and hydran4s s~xll l>eo~,~q.:~.,~',,, property of the City of Virginia I, ea7h. The City of cix~ CJLy of Norfolk the right to use s'uch n7ains and hyctrants of ~va. ter and further grants ~o the City of Norfo]k ready and reasonable acc::-, 7. That for any fire hydrant insta]]ed at: the request of the City of Vi~ a rental payment of Oue Hundred Dollars ($100.00) a year for each hydrant to the City of Norfolk. ~,.~ ~u~ ..... ., ~ TME (iOIJNCI]_~ of the City of Virginia Il)each, day of~ < (;'7t., ~ , 19 'jn~" ,dt"~ I.'4 i" Virginia APPROVtED: On motion by Councilman Hollered, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., ¥.icc Hayor F. Reid Ervin, George Il. Ferrel]., Charles W. Gardener, Clarence A. IIol]and, D. ~Iurray Malbon, J. Curtis Payne, and Mayor Donald lt. Rhodes. Nays: None ~ Absent: Councilman Floyd E. Waterfield, Jr. City Council noted its intention to hold a closed meeting on Monday, August 21, 1.972, for the purpose of discussing items permitted for discussion under the Freedom of In£ormation Act of the Commonwealth of Virginia. ITEM #4952 On motion by Councilman Holland, seconded by Councilman Ferrell, the meeting was adjourned. CSty o~ V~in~a ~each, Virginia Don~-l-d H. Rhodes, Mayor August 14, 1972 MINUTES OF Tile tlOI~(,~At~LE CITY COUNCIL O F TIIE CITY OF VIRGINIA BEACtt, VIRGINIA August 7, 1972 The regular meeting of the City Council of the City of Virginia Virginia was held in the Council Chambers in the Administration Building, in the Borough of Princess Anne, on Monday, August 7, a't 10:00 a.m. The invocation was given by tl~e Reverend Carl Martin, Bayside Chr.~-i.:.iat'~ Church., Vi'rginia Beach, Virginia. Council~nen Present: John A. Baum, Robert H. Callis, Jr., Robert Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charlez W. Gardner, Clarence A. Holland, D. Murray Halbon, J. Curtis Payne~ Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. ITEM # 4883 On motion by Councilman Gardner, seconded by Councilman Cromwell, by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charle:: W. Gardner, Clarence A. ttolland, D. Hurray Ma]bott, J. Curtis Paync:: blayor Donald ti. Rhodes, and Floyd E. 17aterfield., Jr. Nays: None Absent: None City Council approved the Hinutes of the Regular Meeting of July and the reading of said Minutes d~.spensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM # 4884. Mayor Donald H. Rhodes recognized, the class of blrs Beth Taylor, High School government summer session. ]TEFI #4.885 o'~~i,~' ",~"~ ........ , ~. ~c.~", t~.~:~'~ o~ "~"~(., .... <'?,,. ~.~'~iv':~;ion of f~c<:'~n Park~ rL?~ninq a di l' he i)ianninq Cor'rnissic!: ¥'oco%~end:.. ~; ,,~ ,:,,c~l of thls request subject to the fo!towinfl ' ~'~" '~- , ............. . " result of vorious meetin{:Ts uith the ¥'e~idents cf the area: 1 To builu ....... ' .... o _.. · ..cc~,r ~..n ne to 'u~ ~. p, ,. i ini nary sii',, design and architectural ~,l~, .... submittc:d to the ~'l'" ' .... · to Shore Drive to a ..... .~;:..~ : ~.,, I ~,c,.~. for al! buildings fro~ 3. To F?.i,'.,tMn 2b(.~-:roet arid 1.,.)-'~re,f ~,?&~&.,',L. .... ~ ..... ,. side ~elv the property lines on ~ ~.~ -,,~:~;,~ and south r'i?;pecti .... west ~ide in which no If.,:-. [" ~ ....... ~ "-;"-' ,";~"~. ' ~," ', ...."' '?i''~hn~' ":-:.:7~< (;~*F:.,'-r¢i~ ; '.;,,~.,, ~it V'~,".~ ~.., c't'F <,.:~ F,'i ,.; C _','~:;~';;3' O,' d':,C~ ...... ~,l'r'S F";t, 'L;'~:3 c,..,¢?c,~,, .., ._."'~. r'-',q;"~.., .. :-..,. z. '" 5,> ' 'C?C, :" ' FiF-~ '"*"'' , '~' ' I '~i,:'._. ~ ~ C/Oil ~:';. .... ..... ,,, ~..:'+4, ~-.." Cr~,. ,.~':,.;i r:~(:~iF;'i ;.'.~ So', 'i" i;.';,:] ::, ',v, " ~ r:T'C".;.,:i"V-* ""' ~:": r, b :. ..'.'{ i'i .< <: (;~ ..... Mr. 9o~l,~las TalboC. Mr. George Kettle Mr. Robert NiJson }.Ir. Robert Vaughtl - Mr. Nilliam Kimes Talbot and Wermcrs Associates Georg. c. Kettle Incorporated President of Baylake Pines Civic League President of YMCA Appearing in opposition to tlte application: Mr. James Ruminski President Council of Civic Organizations Mrs. Cccily Macdonald Mr. Sam Itouston, Jr. After careful consideration, City Council took no action on the motion made by Councilman ttolland, seconded by Counc2lman Cromwell to approve the application as recommended by tho Planning Commission; subject to thc dedication and rededication of Grayson Road as the sole entrance to Shore Drive, with a 50 foot dedication; and further subject to the cost of turning lanes inc:ludcd 'with the Planning Commission recommendation also the density of development be limited to 320 units. ]'TEM #488S a Councilman Gardner and Vice Mayor Ervin made a motion to add an amendment to the main motion to authorize the connection of Jefferson Boulevard and Indian Hill Road with the proper streets in the new devel, opment. On motion by Councilman Gardner, seconded by Vice Mayor Ervin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, Charles W. Gardner, and J. Curtis Payne. Nays: Councilmen Robert }t. Callis, Jr., Robert B. Cromwell, Jr., George R. t.'erre]_l., C!arence A. Holland, D. Murray Malbon, Mayor Donald tt. Rhodes, and Floyd E. WaterlOo]d, Absent: None The amendment, which would authorize the connecting of Jefferson Boulevard and Indian 14ill Road. with the proper streets in the new development, was defeated. ITEM #4885 b On motion by Councilman Payn(~, seconded by Councilman Callis, and by recorded vote a.s follows: Ayes: Councilmen Robert tt. Call_~s, Jr., George R. Ferrell, Clarence A. ltolland, ]3. Murray Malbon, J'. Curtis Payne, Mayor Donald H. Rhodes, and Floyd 1~. l'¢aterfield, J'r. Nays: Councilmen John A. Baum, Robert B. Cro~nwell, Jr., Vice Mayor F. Reid Ervin, and Charles W. Gardner. Absent: None Council appr.oved the motion to permit the density of the subd'ivision to 350 ttn~ts. On motion by Counc:ilman Cromwell, seconded by Councilman Ho]land~ and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert tl. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Re:id Ervi..n, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Halbon, J. Curtis Payne, Mayor Donald II. Rhodes, and F]_oyd E. Waterfield, Jr. ! Nays: None Absent: None After considerable discussion with the new owners of the property, Ci. ty Council approw.~d an amendment which would provide for a 30 foot easement as a public right of way across that portion of the property which .fronts on Chesapeake Bay, 30 foot ea. sement from the low water mark. ITEM #4885 d Councilman Baum made a substitute motion to permit a deferral of 30 days for the purpose of studying the application. An objection to the substitute motion was voiced by the owners and the YHCA as construction time would be lost and result in financial loss to the YMCA and the owners of the property through unnecessary con. struction time. On motion by Councilman Baum, seconded by Vice Mayor Ervin, and by recorded vote as follows: . , . . Vice Mayor Ayes: Councilmen John A Baum Robert t! Callis, Jr , F. Reid Ervin, Charles W. Gardner, and J. Curtis Payne. Nays: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, Clarence A. tlolland, D. Murray Malbon, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Absent: None City Council defeated the above motion ~or a 30 day deferral. ITEM #4885 e The original motion as a~ended was presented by Councilman Holland for act~ on. ~.~ On motion by Councilman ttolland, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen Robert It. Callis, .Jr., Robert B. Cromwell, Jr., George R. Ferre]l, Charles W. Gardner, Clarence A. ttolland, D. Hurray Malbon, J. Curtis Payne, Mayor Donald It. Rhodes, and Floyd E. Water field, .Jr. Nays: Counc:i_lm;~n .John A. Baum and Vice Mayor F. Reid Ervin. Absent: None C:itx,, Council al,provi:d t:he original motion as ~mended :in the fotlowin~ .Forta: Tho Pl. nnning Conlm~ ss i on rOco~llilc:tl~is apl')lOVa] o~ t]lJ.s request stfl}ject. 17o the fo]lowi'ng cond:itrious tl~at were votuntar~.ly agreed to by the de'tre]oper as a rc>uJ.t o[' v:~r:iou:4 mcetin?.s w'itt~ the res:idents of the area, :~s follows: ]. To l)t~i[d according to the ]}re]i}~:i~ry site de, sign and arch il:ecl:ural l~-lans ::',t~i)~ai11'ed to the ]_a. l~inlitJng {}~e deveLIopl;te]~t to 550 unit density. 2. To improve :lnd dedicate f;ra¥,~;on Road as the sole entrance from the property to Shore Drive with a 50 foot Width. 3. To maintain 250 foot ~lnd 1S0 foot setbacks for all buildings from the property lines on the west and south side respectively. 4. To maintaln a 75 foot buffer on the south and west side in which no physical improvements will be made with the exception of fencing and pedestrian paths. 5. Dedicate a perpetual 5 foot access easement to the residents o'f Baylake Pines from the end of Sand)' Bay Drive to Chesapeake Bay. Sa. To dedicate a 30 foot easement as a public right of way across that portion of the property which fronts Chesapeake Bay, 30 feet from the low water mark. 6. To submit all plans to the Planning Department according to Planned Unit Development administrative controls. In addition, the Planning Commission recommends that this request be approved subject to necessary breakaway gates to be situated at locations to be determined by City I)epartments. I~£' Sandy Bay Drive is to be used, it is recommended, for a breakaway gate only, rather than a thru street. City water and sewer is required by the lIeatth Department. The motion for approval further suggests participation in school site acquisition. Engineering Division states thr~t a ].eft turn lane for east bound traffic on Shore Drive shall be required at the intersection of West Grayson Road. In view of the high density of dwellers and the extreme concentration of ingress-egress induced by this development, the proposed intersection of Shore Drive ~nd l~rest Grayson Road shall require an electronic signaling device for safe traffic control. The installation of a traffic control s~gnal and cost of turning lane is therefore established as a requ.~rement of the developer. The Soil Conservation Office states that ever}, effort shall be made to protect natural land features and preserve exist:i, ng stabilized dunes. of 247.40 ':" ........ ,,, '" ' ~:~",,.,:~',',, 'ii'n:;: ~ ..... ~a:q i; oI~,,~ ot 53 feet """ con,,,'.,~ ....... , acr~s n,,_me o~ 'tess. Planning Co;~;,;,,ission reco;~2~nds ~,,,¢, ,}~al of this chan~e of zoning request Mr. Marc Jacobson, Attorney, appearing on behalf of the applicants. On motion by Councilman Ferrell, seconded by Councilman Holland, and by recorded v. ote as follows' Ayes: Councilmen John A. Baum, Robert }t. Callis, Jr., Robert B. Cromwell, ,Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above applicat2on of Larry W. Berman, Alfred b'l. Schulwolf and Arnold tt. ttoffman for a Change of Zoning from Residence Suburban District 3 (R-S 3) to (;cnera] C0mn~ercia. 1 District 3 (C-G 3) on certain property beginning at a point 201.48 feet West of South Witchduck Road and on South side of Greenwich Road, running a distance of 67 feet. along the Nort. hern property line, running a d~stance of 247.40 feet along the Eastern property line, running a distance of 53 feet along the Southern property line and running a distance of 221.16 feet along the Western property 12ne. Said parcel contains 0.3 acres, Kempsville Heights Area, Kempsville Borought Approval is subject to City water and sewer as required, by the tlealth Department; standard site plan requirements' to incl. ude pavement widening, concrete curb and gutter and storm drainage as required by the Engineering D.ivision; and further subject to screening and fencing between the property to be developed commercial and adjacent residential properties. Application of t!~e City of Virginia P,c:~;ch.. lk;pa',-1.~?nt of P.hl{c Utilitle~;, for Dout~':vard. Said parcel is '!25 'feet by i25 feet. (Proposed ~-~oolco S-;ore Area). The Planning Co:;;:dssion rec~)?~:nnds ~?,"~!.~.;"[;val of thf~; request sub,~ect to slte plan approval. Engi;~ering Div[sien t'ec,,'~'~r~::; that aco'-:~;si~iiity to the site ~.',~ pro- vided, i.e., ingress-egress ~x~semen'c or right of H~. James Da.~dan a~aa~ad o~ beha].~ oE the On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of the City of Virginia Beach - Department of Public Utilities for a Use Permit to erect an elevated water tank on certain property located 1075 feet West of Chesopian Drive and 680 feet North of Virginia Beach Boulevard. Proposed Woolco Store area, Lynnhaven Borough.- Approval_ is subject to site plan approval and Engineering Division requires that accessibility to the site be provided, i.e., ingress-egress easement or right of way. ITEM # 4888 On motion by Vice Mayor Ervin, seconded by Councilman Halbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Ca. llis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. tlolland, D. Hurray Halb0n, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading an appropriation in the amount of $12,000 for engineering services in connection with the Cape Story By The Sea drainage prog'iram. ITEM #4889 l,ieutenant Commander Larry E. lk~alte'r appeared before Council request'ing they ~bOlish p]ans for a connect:in~l road between Co]lege Park and I, evel (',teen. City Cou~c~i]. directed the Director oJ' Community Services, Hr. h~:i.]]i, am W. F].cnt~ng, izo rlbo]:isl~ any present, pla~2s for con~ecting' the roz~d, with the under:;t-anding that :in the fut~re such a connection may bO ]ICCCSS//i'y , the City of Virginia Beach. of Economic Devc]op~ent or 5ome other mc~re su:it~blo C:ity ])epartr,~e~'~!:~ or an activity with;in the Cily to do a survey o[' available or suitablle sites for racing within the (]ity. City Councilt requested an advisory referendum in tl~e November election, and directed the City ~ttorney, Mr. J. Dale Bimson, to report in two weeks wit]i what is involved in going with the advisory referendum. ITEM #4891 Mr. A. James DeBellis - Director Economic Development Mr. Richard Cockrell Director VPI Extension Services Doctor Brittingham ~ Director - Virginia Truck and Ornamental Station The Honorable Glenn B. McClanan appeared before Council regarding th~ Virginia Truck and Ornamental F',esearch Station. Mr. McClanan suggested to Council that they direct the Department of Economic Development to study the feasibility of acquiring, the site. Hr. DeBellis stated-that his Department and the Industrial Development Authority will endorse anything that can be done for the acquisition of the property. City Council unanimously decided to have the City Attorney and the Department of Economic Development study the feasibility of c, cquiring the site, and report back to Counc~.l the first mee'ting in October. ITEM #4892 On motion by Vice Mayor Ervin, seconded by Councilman Ilo]land, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray klalbon, J. Curtis Payne, Mayor Donald. ti. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council unanimously approved Phase JII, Oceana West Industrial Park and granted perm:iss-ion to the Virgini. a Beach Industrial Development Authority to sign agreements in its behalf for property; subject, to the approval of the City Attorney. In addition-the City Council approved a loan commitment by the City for. the sum of $812,0(10 to the Virg_~nia Beach Industrial Authority, of which $250,000 must be met by the end of the calender year 1972 and. $562,000 by January 1, 1974~ the loan is to be made from excess capital funds. The loan carries an interest rate s'i. milar to current market interest rates on City Bonds, plus 1/2 of 1 percent. 4893 Cit.}. Counc;il upheld the zoning moratorium by taking no action on the request of Hr Israel S ~' · ~ tc_~.ngold to file his application with the Planning I)epart. ment for a llighrise dv:elling for the t]lde'rTy. ri'EH .ti 4894 On motion by Comtcilman Cromwell, seconded b/ Councilmz~n Malbon, and by 'recorded vote as fo I lows: Awes: C. ounc:ilmen ,John A. I:;;~tup., Robert 1t. (]a]lis, Jr., Robert Creme, ell, .Jr., Vi. ce Mayor F. Reid ]~rv'i.n; (]eor~le I{. Ferrel], C]~arl_es (;ard~er, C.l~rence A. Ilo].land, I'). ~l~:,r'ray Malbon, J. Curtis M;tyor Don;t]d ti. Rhodes, and Fl. nyd Ii. IVater(-ield, N a y s ' N o I / O I TE.~.1 # 4 $9.5 Councilman George R. Ferrell indicated that the residents of Kempsvi]ie Gardens signed sewer contracts instead of water contracts. C_~ty Council authorized the citizens o~ Kempsvi]le Gardens to execute the correct contracts for City sewer and authorized the City Public Utilities Department to accept the subject contra, cts for construction purposes. ITEM # 4896 City Council deferred for two weeks the appoint~nent to the Southeastern Virginia Planning Distr_~ct Commission, and also the appointment to the Industrial Development Authority. ITEH #4897 On mot.ion by' Councilman Holland, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr.!, Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Fe~rell, Charles W. Gardner, Clarence A. Holland, D. Murray Halbon, J.~Curtis Payne, Mayor Donald H Rhodes, and Floyd E Waterfield, Jr. I ~ Nays · None ~ Absent: None City Council approved the report of the Nine Hember Study Conni~ission entit]ed Potable Water Supply Feasibility Study for the Southeastern Regional Planning District Conunission. ITEH # 4898 On motion by Councilman Ferrell, secondqd by Councilman Holland, and by recorded vote as follow~: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, C_larer~ce A. }tolland, D. Murray Halbon, J. Curtis Payne, Mayor Donald. It. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved an appropriation in the amount of $1,750 from Reserve for Contigencies to the Tidewater Virginia Development Council for payment of dues covering the period July l, 1972 through December 31, 1972. .ITEM #4899 The recommendat~on of Vice Hayor F. Reid Ervin requesting the~appointment of a two man water committee was de~erred until the next regular meeting. motion by £;ounc:i l:~an ]:e~:'rc,'t] : .... ~ rec:t~r(lod vote as folJows: ,, Ayes: Councilmen .]ohn A. Batnn, Robert !]. Calli.~, ,..Ir., Robert B. Cromwell, ,J'r., Vice 2,'layer F. Rei. d Er. Yin, George R. Ferre].l., Charles W. Gardner, Clarence A. l-[olland, D. bhu'ray Malbon, d. Curtis Pay]~e, Mayor ])onald If. Rhodes, and Floyd E. Water£icld, Jr. Nays: None Absent: None City Council unanimously approved the following Resolution of Commendation presented to Mr. Kenneth C. Knapp' G4 . lZ E S O L U T ] O N OF C O M M g N D fi~ T I O N IT I-b\S COME to the attention of the City Council of Virginia Beach throuQh the press and the report of the City Police Depart- ment, that on Friday, July 21, 19Y2, Kenneth C. t~napp, age fifteen, performed an outstandin9 heroic deed which would test the courage of any man, by preventing three people, ages 4, 8, and 29, from drownin9 in the waters of Back Bay at the Trojan & Pocohontas Headquarters Game Reserve. NOW, therefore, in recognition of this valiant deed, the City Council of the City of Virginia Beach, does herein publicly commend KENNETH C. KaNAPP, for this heroic act and does direct the City Clerk to spread this conmtendation upon the permanent records of the City Council as part' of the minutes of today's meeting ~ GIV[~N undrer my hand and seal %his 7th day of August, 1972. Donald H. Rhodes, Mayor On mot'ion by Vice ?,layor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. CallJs, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Roid F. rvin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald It. Rhodes, and Floyd E. Waterfie]d, Jr. Nays: None Absent: None City Council approved on second reading the following Ordinance to authorize the ~ssuance of Four Million Dollars Water and Sewer Bonds: AN ORD]'~',n~N., ~ AUTt] IZI~ G 1,~t, IS,C;1JANCE 0F $4,000,000 WATER AND SEWER ]~0ND OF TitE CI~ 0F VIRGIN~ Bt~CH, VIRG!N~ BE IT ORDAINED BY 'IqIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: · 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach: to improve and extend its water transmission and distribution system and sewer collection system to provide for the orderly growth and development of the City, to refund $2,000,000 Water and Sewer Bond~, Series of 1967, du.e November 1, 1972, and to borrow money for such purposes and issue general obligation bonds; therefor. 2. Pursuant to the authority of the~ Charter of the 'City of Virginia Beach (Ch. 147, Act's of Assembly of 1962, as amended) an.d the Public Finance Act, as amended, there are hereby authorized to be issued Four Hillion Do].lars ($4,000,000) Water and Sewer Bonds of the City of Virginia Beach to provide funds for impz-oving and extending its water transmission and df.str.ibution system and sewer collection system, including acquisition of rights of way, and to refund $2,000,000 Water and Sewer Bonds, Series of 1967, due Novembe'r 1, 1.972. 3. The bonds shall bear such date or dates, mature at such time or times, not exceeding fo:;~:y years from their dates, bear ~.ntere~t at: such r:t[:e or rat-c:::;, be in v, uch denc>:,~i¥~ation and form, be 4. The bonds shall be general obligations of the City of Virginia Beach for tbe payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. · -,~-~ 'lman tiolland and by ()n motion by Counc;i Iman Payne, secon,l('d },>)" Co~,~ , recorded vote as follows: Ayes: Councilmen John A. Baum, Robert 1[. Call;is, Jr., Robert B. Cromwell, .Ir., Vice Hayer F. Rei_d Erv'Li'~t, George R. Forte]l, Charles W. Gardner, Clarence A. Holland, D. Hurray Maibon, J. Curtis Payne, Hayor Donald ti. Rhodes, and Floyd F.. Waterfield, .Jr. Nays; None Absent: None City Council approved on second reading the following Ordinance to author.ize the ~ssuance of Three Hill.~on Dollars Public Improvement Bonds: AN ORDI~AANCE AUTt{OttI. ZING 't~,.E ]iSSUANCE OF $3,000 000 PU~JLI i~ROVE[,iENT BONDS OF THE CITY OF VIRGINIA BEAClt, VIKG.[NIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF~CH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, all of. which will promote the development and public, welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the. Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of ].962, as amended), F~.nance Act, and the Public ' - .~ as amended, there are hereby authorize-d to be issued Three Million Dollars ($3,000,000) Public Improvement Bonds of the City of Vi{'ginia Beach to provide funds, together with other funds tb~t may be available, for the fo].]ov:inR purpose~: Planning, construction, site improve- ments and equipping of ~)unicipal buildings, including public safety building, courts building, central garage, welding and body ,'~.hop, fire stations~ animal control building and storage building Complete reclamation of landfill for recreation purposes and construction of improvements thereon Bulkheading south of existing board- ~alk along oceanfront Comprehensive mapping program, including aerial photography, engineer," -".u~ and dra~ing work Improve and extend streets and highways $ ' 877,000 105,000 75,000 160,000 8_ L ooo $3,000,000 2~ Any amounts not needed for any of such purposes may be used for any other of such purposes. 3. Tb.e bonds shall, bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear {nterest at such rate or rates not exceeding the maximum rate permitted by la~-~ at t-he time the bonds are sold, be in such denomination and form, be executed in such manner and be sold at such. time or times and in such manner as the Council shall here- after provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Bea. ch for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. On mo't.ton by Cot~ncilman Gardner, .~;econdcd by Councilnmn Ferrell, and by recorded vote as follows' Ayes: Councilmen John A. Ileum, Robert H. Callis, .Ir., Robert B. Cromwell, Jr., \;ice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. llol]and, D. Murray Malbon, J. Curtis Payne, Mayor Donald It. Rhodes, and Floyd E. Waterfield, Jr. Nays: None ~ Absent: None City Council approved the following Resolution relative to the City's Beach Erosion Control and lqurricane Protection Project: R E S 0 t, U T I 0 N 1\ "~ 1.,~tEREAS, Congress in its deliberations on the Omnibus Rivers and Harbors Bill of .].972 will consider the authorization of the City of Virginia Beach's Erosion Control and Hurricane Protection Project; and I,,THEREAS, the above mentioned authorization provides for no appropriation of funds to carry out the project until fiscal year' 1974; and I,~ER. EAS, previous attempts by the City to control beach erosion have proved, un.successful; and WHEREAS, the City of Virginia ~Jeach is t-hreatened annually by hurricane and weather conditions which 'seriously erode beach protection and. threaten damage to life and property. NOI.,J, TIIEREFORE, .BE IT RESOLVED by the Council of the City of Virginia 'Beach., Virginia: That the Council requests the United States Congres. s to authorize the City's oeacx Erosion Control and lturricane Protection Project and. appropriate the necessary funds for pre-construction and planning as part of any supplemented app~copriation to the Corps of Engineers fiscal year 19.73 budget, or at the earliest possible date. r,L IT ~?nRq'~','~ RESOLW:~:D that the City Clerk is directed to forward a copy of this '~e:;oiuti. on,. t:o each mere'bet of t'he Congres,~i. on.~.t~' - .~ On motS. on by Vice Mayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert tl. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Itolland, D. Murray Halbon, .J. Curtis Payne, Mayor Donald tt. P&odes, and Floyd E. Waterfiold, Jr. Nays: None Absent.: None City Council approved the following Resolution appointing a special committee to be known as the "Steering Committee for Beach Erosion and Rudee Inlet": RESOLUTION WHEILEAS, the Virginia Beach City Council al!pointed a special committee to be known as the "Steering Committee for !Beach Erosion and Rudee Inlet"; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, that the committee shall' serve for one (1) year from the date of appointment unless the term is extended by vote of Council, and the subject committee shall consist of nine members as follows: 1. Three (3) members of CitX Council,' one of whom shall serve as chairman of the committee. A member of the administrative staff appointed by the City ~danager. President of the Innkeepers Association. The Director of the Department of Community Services. A local citizen qualified by experience as an expert in dredg~ ng. The following members subject to the approval of the respective organizations' One (1) member appointed by the District Engineer, Army Corps of Engineers', from his staff. One (1) member appointed by the Erosion Commission from among its membership. The connnittee shall have the following powers and duties: (a) Receive and consider all recommendations and sugge~t.ion.~; relatin~ %0 Rudee I~'~]et and beach ero,.:;i, on f~'om ~nS~ and al. 1 sources. After rea~;on~b]e cv31uat~ion a~d study of such recommenda-- tion:; f{lld s~,',oef;t.i(~ns tl~e committee may, at its discretion, pass ti~em Qn to Council for appropriate (b) Prepare both long and short recommendations for accomplishing the following: Maintaining a navibable ~hanne] in Rudee Inlet in a manner that ]s economically feasible. Such recommendations shall include suggested alterations to the existing jetty construction as well as alternate inlet design concepts. Providing the most practical and effective methods to control shoreline erosion and suggesting continuing programs which will ~ncorpor~te these methods. ', (c) Review the role of the Erosion Commission and provi,~i,? City Council. with a reconunendation as go whether that role should be supported in its p(esent form or ultimately assumed by the City. (d) The committee shall have the power to appoint subco:m'nittees to assist them in their work· (e) The committee shall submit quarterly progress repc~.','% to Council and shall present its final recommendati,-~ within one (1) year. City Council deferred for two weeks appo5nt5ng a special committee the "Steering Committee for Beach ErosSon and Rudee Inlet"· ] T E ~,I~ ti :1 P 0 5 Hrs. Joseph Clark appeared before Council request~n& a Leash. Ordinance. City Council deferred t'his m~tte'r until the last regular meeting in August. ITEH #4906 Mr. John Potter appeared before Council regarding his Erosion Control device. City Council in. form,~d Mr. Potter that the device was being studied by .the Department of Community Services, Engineering Division, and requested he have his attorney meet with the City Attorney. ITEM #4907 On motion by Councilman Baum, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Call]s, Jr., Robert B. Cromwell, Jr., Vice Ha. yor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Halbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council. approved a contract to revise the 1970 water agreement between the City of Virginia Beach and the U. S. Navy (Dam Neck). This modification was primarily for the adjustment of fees to cover the Navy's 600 unit housing project at Dam Neck and will result in a payment of $63,336 to the city. ITEM ~908 Based on the City's application, the DJ.vision of Justice and Crime Prevention. has approved an LEAA Grant for $418 to enable an Assistant Commonwealth's Attorney to attend a short course for Prosecuting Attorneys at Northwestern University School of Law in Chicago. The City's participation is represented by an inkind contribution of $200. On motion by Councilman Ferre]l, seconded by C~uncilman Gardner,. and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, ,Ir., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell~ Charles W. Gardner, Clarence A. tlol~and, D. Hurray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays · None Absent: None In order to pay for the expenses of 'this employee, City Council appropriated $418 for travel J:n the off:ice of the Commom~ealth's Att:orney w:i_th an o£fsetting adjustment to estimated revenues for the LIiAA (;rant Funds. On motion by Councilman Baum, seconded by Councilman t;~aterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George Il. Ferrell, Charles W. Gardner, Clarence A. Holland, II. Murray Halbon, J. Curtis Payne, Mayor Donald 1{. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None Ci'ty Council approved the request of Mr. Cecil. P. Land, Superintendent of the Refuse Collection Bureau, for a transfer of $13,000 from the Code 10312-631-2 to Code 10312-83]. to cover the purchase of three refuse collection vehicles. ITEH # 4910 On motion by Councilman Holland, seconded by Council. man Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Hurray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Abstain: Councilman Robert B. Cromwell, Jr. Absent: None City Council authorized the City Manager to execute an agreement voiding a previous sewer agreement between Mr. Clyde Collier ~nd the Ci. ty of Virginia Beach. This act.~.on was taken to exped2te the Chesapeake Beach sewer installation. ITEM #4911 On motion by Councilman Cromwell, seconded by Cohncilman Malbon, and by recorded as follows: Ayes: Counci'lmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.. Vice Mayor F. Reid Err]n, George R. Ferre]l, Charles W. Gardner, Clarence A. Holland, D. Hurray Malbon, J. Curtis Payne, ~]ayor Donald H. Rhodes, and Floyd E. WaterfJ~eld, Jr. Nays: None Absent: None City Council authorized the City Manager to execute a standard water agreement between the City of Virginia Beach and Green Run Planned Unit })evelopment. ITEM # 4912 On mot:ion by Councilman Ferre]l, seconded by Councilman Halbon, and by recorded vote as follows: Ayes: Councilmen .]ohn A. Baum, }Iobert 11. Cai]is, Jr., Robert [~romwel 1 , ,Ir~ Vice Mayo~' F l~e:id ~:,--~' , -,, · None Abs tnt: ~o}to City Council authorized the City Ha]roger to execute standard water and sewer agreements between the City of V:irginia Beach and Gertland, Inc. for Indian Lakes. ITEM #491.5 On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert II. Call. is, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Re5d Erv~n, George R. Ferrell, Charles W. Gardner, Clarence A. ttolland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: ' None Absent: None City Council noted its intention to hold a. closed meeting on Honday, August 14, 1972, for the purpose of discussing items permitted for discussion under the Freedom of lnfor~nation Act of the Commonwealth of Virginia. I TEt'.I /(4914 On motion by Councilman Ferrel]., seconded, by Councilman Gardner, the meet2ng was adjourned. Ri~]i~rd 3. ~}Dbon, City Clerk City of VirgSnia Beach Virgi n. ia, August 7, 1972 Donald Ii. Rhodes, Mayor MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA July 24, 1972 The regular meeting of the City Council of the City of Virginia Beach, Virginia was held in the Council' Chambers in the Administration Building, in the Borough of Princess Anne, on Monday, July 24, 1972, at 2:00 p.m. The invocation was given by Reverend W. Thomas Wood, First Baptist Church', Virginia Beach, Virginia. Councilmen Present: John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. ITEM #4864 On motion by Councilman Malbon, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferreil Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the Minutes of the Regular Meeting of July 10, 1972, and the reading of said Minutes dispensed with inasmuch as each Councilman ]lad a copy of the subject Minutes before him. ITEM #4865 On motion by Councilman Gardner, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferre!l, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfie].d, Jr~ Nays: None Absent: None City Council ~pproved tk~e Minutes of the Regular Meeting of July 17, 1972, and the reading of said Mir~utcs di~;pensed with inasmuch as each Councilman had a copy of ~'he subject Minutes before hi~n. ITEM #4866 On motion by Councilman Gardner, seconded by Councilman Malbon, and :,. by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading an adjustment in estimated revenues totaling $584,900 in additional appropriations to the Virginia Beach School Board in a like amount as follows: Increased estimated revenues for the 1972-72 School Operating Fund Budget by $584,900 with an offsetting increase in appropriations in the same amount. The breakdown of this increase is as follows: Estimated Revenues: 620 - General appropriation from the Commonwealth 641 - School Lunch and Special Milk Funds Total Estimated Revenues $268,047 316,853 $584,900 Appropriations: 12020 Instruction Regular Day School 12040 Pupil Transportation 12050 School Food Services 12070 Fixed Charges Total.Appropriations: $100,000 68,047 316,853 100,000 $584,9OO ITEM #4867 On motion by Councilman Holland, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading an appropriation in the amount of $5,489 for payment to Stewart Construction Company for work performed on Royal Palm Arch, Malibu Subdivision during an emergency operation in order to preserve the general health, safety and welfare of the neighborhood. iTE~4 ~'4868 On motion by Councilman Gardner, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ttolland, D. Murray Malbon, J. Curtis Payne,~ Mayor Donald II. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on first reading the following Ordinance-to authorize the issuance of Four Million Dollars Water and Sewer Bonds: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $4,000,000 WATER AND SEWER BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE'CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to improve and extend its water transmission and distribution system and sewer collection system to provide for the orderly growth and.development of the City, to refund $2,000,000 Water and Sewer Bonds, Series of 1967, due November 1, 1972, and to borrow money for such purposes and issue general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued Four Million Dollars ($4,000,000) Water and Sewer Bonds of the City of Virginia Beach to provide funds for improving and extending its water transmission and distribution system and sewer collection system, including acquisition of rights of way, and to refund $2,000,000 Water and Sewer Bonds, Series of 1967, due November 1, 1972. 3. The bonds shall bear such date or dates, mature at such time or times, not exceeding forty years from their dates, bear interest at such rate or rates, be in such denomination and form, be executed in such manner and be sold at such time or times and in such manner as the Council shall hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. ITEM #4869 On motion by Councilman Cromwell, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None . City Coun~i~..~. on-second reading the following Ordinance to · .:~.":amend~[An~'~d6~apter 33 of the City Code by adding Section '"' 33-90.1 r'e]at'J.~'~'the imposition of tax on the probate of wills or grant'of administration: Requested by City Manager AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING SECTION 33-90.1 RELATING TO IMPOSITION OF TAX ON THE PROBATE OF WILLS OR GRANT OF ADMINISTRATION. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Pursuant to the Code of Virginia Section 58-67.1 there is hereby imposed on the probate of every will or grant of adminis- tration, not exempt by law, a city tax of ten cents for every three hundred dollars in value or fraction thereof, over one thousand dollars. This ordinance shall be effective from date of passage. First Reading ~ July 17, 1972 Adopted by the Council of the City of Virginia Beach, Virginia on the ~-~-~' day of ~~ , 1972. On moti. on by Councilman Cromwell, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, i, Mayor Donald fl. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance authorizing the conv.eyance to Lake Edward Corporation cert'ain City owned property generally known as Lake Edward, together with certain adjoining strips of land: AN ORDINANCE AUTHORIZING THE CONVEYANCE TO LAKE EDWARD CORPORATION OF CERTAIN CITY OWNED PROPERTY GENERALLY KNO~N AS LAKE EDWARD, TOGETHER WITH CERTAIN ADJOINING STRIPS OF LAND. WHEREAS, the hereinafter described property was conveyed to the City of Virginia Beach from Lake Edward Corporation by deed dated August 26, 1968, and recorded in the Circuit Court of the City of Virginia-Beach, Virginia, in Deed Book 1077 at Page 407; and WHEREAS, the said deed recited that the property was conveyed to be used for municipal recreational purposes; and WHEREAS, the City of Virginia Beach has done no act to constitute an acceptance of the condition of said conveyance, has determined that the said property is not needed by the City of Virginia Beach, and has determined that it will not accept the conveyance; and WHEREAS, Lake Edward Corporation has agreed to take back said property; thereby relieving the City of Virginia Beach of the duty of maintaining and controlling said property, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: Section 1: That the offer of Lake Edward Corporation to reacquire ~he following City owned property be and the same hereby is accepted: Ail tha~t certain tract, piece or parcel of land, situate, lying and being in the Bayside Borough of the City of Virginia Beach, Virginia, the same constituting Lake Edward, and certain adjoining strips of land, being more particularly bounded and described as follows: Beginning at a point distant two courses from the eastern line of Lot 37, where the same intersects with Lake Edward Drive, as shown on that certain plat entitled "Lake Edward West, Section Two," which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 75, at Page 41, and which two courses, commencing at Lake Edward. Drive run S. 25° 29' 12" E. 100 feet to a point; thence S. 85° 44' 36" E. 19.84 feet to a point in the line of Lake Edward, which point is described, as the point of beginning, and from said point of beginning turning and running N. 04° 15' 24" E. 10.96 feet to a point; thence N. 40© 06' E. 24 feet to a point; thence N. 53° 38' E. 37 feet to a point; thence N. 73° 56" 36" E. 130.82 feet to a point; thence N. 72° 40' E. 114 feet to a point: thence N.. 80° 58' 02" E. 45 feet to a point; thence N. 85° 13' E. 31 feet to a point; thence S. 54° 22' 17" E. 114.36 feet 'to a point; thence S. 38° 34' E. 22 feet to a point; thence S. 03° 44' W. 92 feet to a point; thence S. 14° 45' W. 39 feet 'to a point; thence S. 25° 34' W. 51 feet to a point; thence S. 05° 12' W. 34 feet to a point; thence S. 06° 57' E. 41 feet to a point; thence S. 13° 38' W. 34 feet to a point; thence S. 08° 08' E. 57 feet to a point; thence S. 27° 31' E. 108 feet to a point; thence S. 45° E. 52 feet to a point; thence S. 76° 18' E. 42 feet to a point; thence S. 57° 46' E. 55 feet to a point; thence S 21° 48' E. 65 feet to a point; thence S. 04° 381 W. 37 feet to a point; thence S. 08° E. 64 feet to a point; thence .- S. 05° 32' W. 31 feet to a point; thence S. 74° 13' W. 48 feet to a point; thence N. 83° 31' W. 44 feet to a point; thence N. 70° 12' W. 53 feet to a point; thence N. 85° 36' W. 65 feet to a point; thence S. 77° 37' W. 42 feet to a point; thence S. 61° 51' W. 49 feet to a point; thence S. 78o 07' W. 97 feet to a point; thence S. 56° 43' W. 38 feet to a point; thence S. 39° 17' W. 86 feet to a point; thence S. 59© 21' W. 63 feet to a point; thence S. 89° 13' W. 73 feet to a point; thence N 66° 48' W. 46 feet to a point; thence N. 48v 05' W. 66 feet to a point; thence N. 53° 08' W. 45 feet to a point; thence N. 67° 03' W. 120 feet to a point; thence N. 80° W. 104 feet to a point; thence N. 51° 57' W. 29 feet to a point; thence N. 15° 42' 32" W. 21.64 feet to a point; thence N. 15° 32' E. 31 feet to a point; thence N. 33° 41' E. 68 feet to a point; thence N. 40° 05' 54" E. 84.30 feet to a point; thence N. 63° 04' E. 37 feet to a point; thence N. 43° 01' E. 41 feet to a point; thence N. 29° ~' 30" E. 75.08 feet to a point; thence N. 24° ' E. 52.21 feet to a point; thence N. 27° 52' E. 171.53 feet to a point; thence N. 23° 22' E. 80 feet to a point; thence N. 04° 15' 24" E. 85.47 feet to the point of beginning, PARCEL II: Ail that certain tract, piece or parcel of land adjacent and west of the lake and lying between the lake and that certain 24-foot alley abutting the rear of Lots 37, 38 and 39, and part of 59, as shown on the aforesaid plat of Lake Edward West, Section Two, and more particularly bounded and des- cribed, as follows: B.eginning at the point of beginning as described in Parcel I hereinabove described, and from said point of beginning running thence along the boundary of S, ~o 15' 24.'~ ~.~,?, '.~5.47 :fe~t to a point; thence S. 23° 22' 1~7. $0 feet to a point; thence S. 27° 52' W. 171.53 feet to a point; thence S~ 24° 43' W. 52.21 feet to a point; thence S. 29 38' 30" W. 75.08 feel: to a point; thence S. 43° 01' W. 41 feet to a point; thence S. 63° 04' W. 37 feet to a point; thence S. 40° 05' 54" W. 84.3 feet to a point; thence S. 33° 41' W. 68' feet to a point; thence S. 15° 32' W. 31 feet to a point; thence turning and leaving Lake Edward and running N. 79° 42t 35" W, 53.85 feet to a point; thence N. 22° 06' 40" W. 31.23 feet to a point on the eastern side of the aforementioned alley where the same abuts the said Lot 59, thence turning and running along the eastern line of the said alley, the following courses and distances: N. 67° 53' 20" E. 26.8 feet to a point; thence along the arc of a curve to the left, the radius of which is 74 feet, an arc distance of 40.08 feet to a point; thence N. 36° 51' 30" E. 46.27 feet to a point; thence alOng the arc of a curve to the right, the radius of which is 250 feet, an arc distance of 79.16 feet to a point; thence N. 55° E. 45.57 feet to a point, thence along the arc of a curve to the left, the radius of which is 200 feet, an arc distance of 105.71 feet; thence N. 24° 43' E. 71.37 feet to a point; thence along the arc of a curve to the right, the radius of which is 19~6 feet, an arc distance of 137.18 feet; thence N. 28v 41' 39" E. 41.72 feet to a point; thence along the arc of a curve to the left, the radius of which is 111.22 feet, am arc distance of 78.99 feet; thence N. 12° W. 24 feet to a point in the'rear of the line of the said Lot 37, as shown on the aforementioned plat of Lake Edward West, Section Two; thence N. 37° 27' 38" E. 34.26 feet to a point; thence S. 85° 44' 36" E. 19.84 feet to the point of beginning. PARCEL III Ail that certain tract, piece or parcel of land abutting on the northeast the said lake as herein described and adjacent to Lot 14, as shown on the plat of Lake Edward West- Section One, which plat is recorded in the Clerk's Office of the Circuit Court aforesaid in Map Book 74, at Page 9, and more particularly bounded and described as follows: Beginning at a point on the east side of the eastern terminus of the alley abutting Lot 14 where the same intersects Lake Edward Drive, as shown on the afore- said plat of Lake Edward West, Section One, and from said. point of beginning running westwardly along the arc of a curve to the left, the radius of which is 10.25 feet, an arc distance of 17.21 feet along the eastern side of the said alley, thence continuing along the said alley, the following courses and distances: S. 57° 15' 49" W. 39.76 feet to a point; thence along the arc of a curve to the right, the radius of which is 75 fe~et, an arc distance of 99~6~ f.o~t: t!:~c~ >~. -/!6° 35' l~. ~!0.~! 40' 42~' W. 22.13 feet to a point in the line of Lake Edward; thence turning and running along the line of Lake Edward the f~].lowing courses and S. 14° ~5~ W. 39 .feet Lo a poinL; Chenca S. 25~ 34~ ~. 5~ fee~ to a po~n~; ~hence S. 05° ~2~ ~. 34 Eee~ to a point, thence turning and running S. 74° 11' 10" E. 147.92 feet to a point; thence N. 84° 35' 56" E. 190 feet to a point in the line proposed for the extension of Lake Edward Drive, and from said point turning and running along the arc of a curve to the left, the radius of which is 475 feet, an arc distance of 175.17 feet to the point of beginning. Ail being the same property conveyed to the City of Virginia Beach by deed of Lake Edward Corpora- tion bearing date on the 26th day of August, 1968, and recorded in the Clerk's Office aforesaid in Deed Book 1077, at Page 407. Section 2. That the City Manager of the City of Virginia Beach and the City Clerk of Virginia Beach are hereby authorized to sign, seal, acknowledge and deliver a deed, approved as to form by the City AttorneY, with Special Warranty and without "English Covenants, Section 3. "to Lake Edward Corporation. That this Ordinance shall be in effect from and after the date of its adoption. ITEM #4871 On motion by Councilman Malbon, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ltolland, D. Murray Malbon, J. Curtis Paine,' Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on first reading the following Ordinance to authorize the issuance of Three Million Dollars Public Improvement Bonds: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $3,000,000 PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended), and the Public Finance Act, as amended, there are hereby authorized to be issued Three Million Dollars ($3,000,000) Public Improvement Bonds of the City of Virginia Beach to provide funds, together with other funds that may be available, for the following purposes: Planning, construction, site improve- ments and equipping of municipal buildings, including public safety building, courts building, central garage, welding and body shop, fire stations, animal control building and storage building Complete reclamation of landfill for recreation purposes and construction of improvements thereon Bulkheading south of existing board- walk along oceanfront including ae~z~i.a]. ?holography engineering and drawing work highways $ 877,000 105,000 75,000 160,000 1,783~000 $3,000,000 Any amounts not needed for any of such purposes may be used for any other of such purposes. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time the bonds are sold, be in such denomination and form, be executed in such manner and be sold at such time or times and in such manner as the Council shall here- after provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. ITEM #4872 On motion by Councilman Ferrell, seconded by Councilman Gardner, and ''~ by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance to appoint viewers relative to closing a 20' alley in Virginia Beach Borough: WHEREgS; SEAPINES APARIMSIVrS, INCORPORATED, and SEAPINES CORPOR- ATION, Virginia Corporations, have given due and proper notice, in accordance with the statutes for such cases made and provided, that they will, on this day, apply to the Ci~ Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to biew the belcxv described property and report in writing to the Council whether, in the opinion of said Vie~zers, any, and if any, what, inconvenience would result from the discontinuing of the hereinafteI described twenty (20') foot alley or lane, and has filed sudu application with the said Council; Nc~z, therefore, BE IT ORDA/NED BY THE COUNCIL OF R~HE CITY OF VIRGINIA BEACH; VIRGINIA, ~hat,' Mr William W. Fleming, Mr. C. C. Carrington, and 'Mr George L. Hanbury · · are hereby appointed to view the belc~ described property and report in ~riting to the Council on or before July 24 , 19 72 , whether in %heir opinion any, and if any, what inconvenience would result from the discontinuing, closing and vacating of a certain twenty (20') foot alley or lane, located in the Virginia Beach Borough of the City of Virginia Beach, Virginia, and more particularly described as follc~s: All of that certain alley or lane, situate in ~%e Virginia BeaCh Borough of the City of virginia Beach, as sbovau .upon that certain ~p entitled "Property of Virginia Beach .]~x ~~].o~__nh Co. ~ _~ ~ i ~ VirgJmia Eead~, Va., ~"~;'. !~: ~ '~i~ ~' ~" .'.' , ~ ~ :~.:.,:-,:? .7,, :...: Cl~rk's O£fic~ o£ ld'l~ Circuit Courk o£ 'Ei'l~ Cigiz o£ Virg~ia Bea~, Virgi~a, ~ ~p ~k 3, a~ Pag~ 176-177. ITEbl #4873 City Council deferred until August 7, 1972, ~onsideration of an Ordinance to authorize the issuance of Nine.Million Dollars Schook Bonds, being a part of the Twelve and one-half Million Dollars approved in the referendum of February 8, 1972 ITEM #4874 Mr. Phillip Denman representing Mr. Sprinkle, and Mr. T. J. Johnston, President of the Larkspur Civic League, appearing on behalf of the street closure. On motion by Councilman Baum, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance closing Sand Trap Lane in the Kempsville Borough; subject to retention, by the City, of all easements for drainage and utilities: ORDINANCE CLOSING, VACATING AND DISCONTINUING SAND TRAP LANE, KEMPSVILLE BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that Donald A. Sprinkle will make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described Sand Trap Lane closed, Vacated and discontinued as a public street of the City of Virginia Beach, was duly posted; and WHEREAS, the land proprietors affected thereby have been duly notified; and WHEREAS, said application was made to the City Planning Commission and to the City Council of the City of Virginia Beach and pursuant to the statutes in such cases made and provided, the Council appointed viewers who have reported to the Council that no inconvenience to the public or to private individuals would result from 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 Sand Trap Lane should be closed, vacated and discontinued; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the said street located in the Kempsville Borough of the City of Virginia Beach, Virginia, and hereinafter described, is hereby closed, vacated and discontinued as a public street of the City of Virginia Beach, Virginia, said street not being needed for public use and travel: Th:It certain ro,,d~ , I~:'~::'?~ .~-: .<~.7 '~", :~-~ '--:.,,.~-~:~:~. a:~. :~et Section Five", duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 59, at pa!lc 407 "S~bdSvi. s:icm of l,arkspur, aforesaid in Map Book 71, at page 40; and "Subdivision of Larkspur, Section Nine", duly recorded in the Clerk's Office aforesaid in Map Book 80, at page 33; and with reference to said plats being more particularly bounded and described as follows, to-wit: Beginning at a point in the eastern line of Sand Trap ~ Lane, which point also marks the northwestern corner of Lot 1, as shown on the aforesaid plat of "Subdivision of Larkspur, Section Five", and from said point of beginnin~ running along the eastern line of said Sand Trap Lane on a course S. 38o 41' 10" East a distance of 2,293.10 feet to a point in the eastern side of Sand Trap Lane, being also the southwestern corner of Lot 179, on the aforesaid plat of "Subdivision of Larkspur, Section Nine", thence turning and running across Sand Trap Lane on a course S. 51° 18' 50" West a distance of 50 feet to a point in the western line of the said Sand Trap Lane, which said western line of Sand Trap Lane is also the eastern line of that certain Virginia Electric and Power Company 66' R/W as shown on the aforesaid plats of "Subdivision of Larkspur, Section Six", and "Subdivision of Larkspur, Section Nine", and being also the eastern line of that certain N. & S. R. R. R/W, as shown on the aforesaid plat of "Subdivision of Larkspur, Section Five"; and from said point thence turning and running along the said western line of Sand Trap Lane on a course N. 38o 41' 10" West a distance of 2,293.10 feet to a point opposite the northwestern corner of Lot 1, as shown on the aforesaid plat of "Subdivision of Larkspur, Section Five"; thence turning and running across Sand Trap Lane on a course N. 56o 08' 30" East a distance of 50.18 feet to the point of beginning. Section 2. That this closure, vacation and abandonment of Sand Trap Lane is granted expressly subject to any and all prior easements, if any, previously held by the City of Virginia Beach, over, across or under said Sand Trap Lane, which easements are hereby specifically retained by said City. It is further expressly understood that the closure, vacation and abandonment of Sand Trap Lane, as hereby ordained, shall not, in any way, operate to close, vacate or abandon any portion of any other dedicated City street intersecting with said Sand Trap Lane. Section 3. That thirty (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 this City and inde×ed in like manner as a dee8 to lands. Adopted by the City Council ('~ ./~ -' ~ · Virginia, on the j~day of )c~.~.~j 1972 ITEM #4875 On motion by Councilman Ferrell, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ttolland, D. Murray Malbon, J. Curtis Payne,. Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following applications for tax refunds in the amount of $305.29: ~ Hr. Dale Bimson city Attorney FROH: tlr. V. A. Etheridge, Treasurer _--5BJECT: Application~or Tax Refunds: '~ Date ::me fe!!c'..:!ng app!icatle:m for rs. fUnd of taxca totaling $. 305.29 ._~d certified for payment, as set forth bctow: ...... Date T~x Year 1972 1971 1971' 1972 -1972 1972 197.0 Name t,Yri~ht, Kathryn "in~Old, Ralph. E }~at"'ln; Louis .. i)o~ z, Arthur · ~il_~r of Va. Beact iiownsend, R. E~. ~ieelin'g, Lillie M i;cott, Bruce .B l~eavers, Oscar J ~ype f Ta>: PP PP PP PP PP p.p RE.~ R 2/ . CD CD CD. CD · . Ticket Number 73471 29435 66197 53906 18297 451.12 4Z834 47834 26973 7893 9515 9646 44440 D474 ation No. Paid 1972 1972 1972 V. A. Etheridga: Trea.*.urnr Base 7418 7450 7451 7486 7492 7466 814 814 863 9/6/72 10/6/71' 9/20/71 6/10/72 7/6/72 6/10/72 5127/70 12/517o 6/9/72 5/16/72 6/30/72 7/13/72 1/17./72 6/20£72 airy '65.10 2.40 2.40 .12 12.6.0 12.60 52.50 10 33 10'/33I 100.91 10.00 10.00. 5.oot lO. ool- 1.00 !inerd, Diane I 1972 ;tine,James R . ~ 1972 ~albo~z, Richard TI 1972 125.t' -:-~,,.: .' 65.].(' 2.4¢ 2.57 12.6(i 12.6~ ~. 52.5(i 10.3~ 10.3~ 1'00.9] 10.0( I 10.0( 5.0( 10.0( 1.0( ITEM #4876 Mr. Floyd Patrick, Virginia Beach Manager, appeared on behalf of the'~ Chesapeake and Potomac Telephone Company to present their bid as follows: On motion by Councilman Payne, seconded by Councilman Malbon, an~ by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ttolland, D. Murray Malbon, J. Curtis Payne, Mayor Donald Ho Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance granting a franchise to use the streets and other public places of the City for poles, wires, conduits, cables and fixtures; and to provide for the receiving of bids for such franchise, right and privilege: The City of Virginia Beach, Virginia, hereby invites bids for the franchise proposed to be granted in the following Ordinance, duly pa..ssed by the Council and approved by the Mayor on the ~?~ ay of./~i / ~ , lw./_A.,..' which bids are to be in writing and delivered to the presiding officer of the Council of said City in open session, to be held in Council Chamber r, in said City on the '~:~/ ay /~ .[ . , 19~, at clock ~oM., the right being reserved ~ reject any and all bids. AN ORDINANCE TO PROVIDE FOR THE GRANTING BY THE CITY OF VIRGINIA BEACH, VIRGINIA, TO A PERSON OR CORPORATION AND THEIR SUCCESSORS OR ASSIGNS, HEREAFTER TO BE ASCERTAINED IN THE MANNER PRES- CRIBED BY LAW,. THE FRANCHISE, RIGHT AND PRIVILEGE, UPON CERTAIN CONDITIONS, TO USE THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF THE CITY OF VIRGINIA BEACH, WITHIN ITS CORPORATE LIMITS, AS TtiE SA,XfE NOW EXIST OR HAY BE HEREAFTER EXTERrDED OR ALTERED, FOR THE PURPOSE OF PROVIDINC ALL TYPES OF TELEPHONE, TELEGRAPH AND OTHER CObiMUNICATION SERVICES AT ANY l' POINT W_D{IN SAID CITY AND TO ACQUIRE, ERECT, MAINTAIN AND q~'~ AND IF NOW CORS~RUCTED TO MAIN- F , .~,~F~' '~c~ THE AFOP. ESAID OTHER PUBLIC Pt~.~o ~'~,~ ~'~,~:.,o; AND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: SECTION I. That it is proposed that there shall be granted, in the manner prescribed by law, the franchise, right and privilege to use streets, alleys and other public places of the City of Virginia Beach, Virginia, within its corporate limits, as the same now exist or may be hereafter extended, for the purposes and upon and subject to the terms, conditions, provisions, and limitations embodied in the following draft of an ordinance: AN ORDINANCE TO GRANT TO , ITS SUCCESSORS AND ASSIGNS T'HE FRANCHIS~-~ AND PRIVILEGE UPON CERTAIN CONDITIONS TO USE THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF THE CITY OF VIRGINIA BEACH, VIRGR%A, WITHIN ITS CORPORATE LIMITS, AS THE SAME NOW EXIST OR MAY BE HEREAFTER EXTENDED OR ALTERED, FOR THE PURPOSE OF PROVIDING ALL TYPES OF TELEPHONE, TELEGRAPH AND OTHER COF~fUNICATION SERVICES AT ANY POINT WITHIN SAID CORPORATE LIMITS, AND TO ACQUIRE, ERECT, ~iAINTAIN AND USE, AKD IF NOW CONSTRUCTED, TO MAINTAIN AND USE POLES, TOWERS, WIRES, CON- DUITS, SUBWAYS , LINES, MANHOLES, CABLES, EQUIP- MENT AND APPLIANCES IN, UNDER, OVER AND ALONG SUCH STREETS, ALLEYS AND OTHER PUBLIC PLACES FOR THE AFORESAID PURPOSE. 'BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. ,~j ?~ECTION~-r~ ~The right is hereby granted unto ~o~/~,, f{~ /}~.~i~ ~'~L ~J~'~.'~'/~.. hereinafter referred to as ," "Grantee "its succe'ss0rs and'assigns, ~r the term and subject to the terms, provisions, conditions and limitations hereinafter stated, to use the streets, alleys and other public places of the City of Virginia Beach, hereinafter referred to as "City," and to acquire, erect, maintain and use, and if now erected or installed, to maintain and use poles, towers, wire~ equipment and appliances in, under, over and along, and to acquire, install, maintain and use, and if now in- stalled, to maintain and use conduits, lines, or subways, including necessary manholes, and to run cables and wires in, under, over and along the streets, alleys and public places of the City in the service area of the Chesapeake and Potomac Telephone Company of Virginia, as designated from time to time by the Virginia State Corporation Com- mission, for the purpose of providing all types of telephone, telegraph and other con~unication services at any point within the corporate limits of the City as the same now exist or may be hereafter extended or altered. SECTION 2. The Grantee shall have the right to use, maintain and operate, subject to the provisions, terms, conditions and limitations prescribed in this franchise and subject to the lawful exercise of the police power of the City, the poles, towers, wires, appliances, conduits, sub- ways, lines, manholes, cables and equipment erected, main- tained and used in, under, over and along the streets, alleys and other public places of the City onthe day this franchise becomes in force and effect for the purpose of providing all types of telephone, telegraph and other com- munication services therefor. SECTION 3. The Grantee shall have the right to erect, maintain and use such poles, towers, wires, appliances, conduits, subways, lines, manhnles, cables and equipment in, under, over and along the streets, alleys and other public places of the City at such locations as are reasonably suitable and convenient for the purposes of the Grantee and the City subject to the terms, provisions, conditions and limitations hereinafter stated, and, the lawful exercise of th9 police power of the City. SECTION 4. The Grantee shall not erec~ or install, ~%~,,~ ,°~ ] .... ~-e~, C'~ C '~; ~ ~' ~'~; ~ ~'~ ~'. '~ ~" "~ ''~ ~ ~ ~' ' ' ''~ ~' ~ ~' in any street, ali~y or other pubi~.c pi.ac~: o~ atle City or dig, cut or disturb any street, alley or other public place of -~ City ].ess ~. ,..~,.~ oo -~ts .~.~ent~.o~ so ia... . nn brio!? wri. t~'c'~ ti.ce of ..... ' shall have been or may b~ designated bY th~ ~ity Manager or the Council of the City and permission in writing so to do is granted by such department or agency or such re- quirement is waived by such department or agency. Such permission shall be conditioned upon compliance with .the terms, conditions, provisions and limitations of this franchise and with such other terms, provisions, conditioms. and limitations as will preserve, protect and promote t~e safety of the public using the streets, alleys, and other public places of the City and as will prevent interference with or obstruction of the use of streets, alleys and other public places by the City or by any other public utility or public service corporation for their respective purposes and functions. Such permission shall also be conditioned upon such other terms, provisions, conditions and limita- tions as will preserve, protect and promote the health, safety and general welfare of the City and its citizens subject to ~e lawful exercise of the police power. SECTION 5. In the event the relocation, construction, reconstruction, maintenance or repair by the City of any of its facilities or services now or hereafter acquired, and including but not limited to any street, alley or other public place, sewer, electric, water, fire alarm, police communication or traffic control facilities or any part thereof, or in the event access to any street, alley or other public place to or from any property of the City is required, and it is necessary to move, alter or relocate, either permanently or temporarily, any of the Grantee's poles, towers, wires, appliances, conduits, subways, lines, manholes, cables or equipment or any part thereof in the public right of way, in order for the City to relocate, con- struct, reconstruct, maintain or repair any such facility, service, street, alley or other public place or any such sewer or electric, water, fire alarm, police communication or traffic control facility, or any part thereof, or to obtain access to or from such property, upon notice from the City, the Grantee will move, alter, or relocate such pole, tower, appliance, conduit, subway, line, manhole, cable or equipment or part thereof, at its own cost and expense; and should the Grantee fail, refuse or neglect to comply with such notice, such pole, tower, wire, appliance, conduit, subway, ~ne, manhole, cable or equipment or part thereof may be removed, altered or relocated by the City at the cost of the Grantee and the City shall not be liable to the Grantee for damages resulting from such removal, alteration or relocation. SECTION 6. The Grantee shall at no cost to the City erect,install and maintain on any of its poles, towers, wires, appliances, conduits, subways, lines, manholes, cables or equipment in or near the streets, alleys and other public places of the City such reasonable devices to appraise or warn persons using the streets, alleys and other public places of the existence of such poles, towers, wires, appliances, conduits, subways, manholes, lines, cables or equipment as shall be from time to time reasonably prescribed or approved for purposes of public safety by such department SECTION 7. The Grantee shall have the right to remove, trim, cut and keep clear of its poles~ towers, wires and along the streets, alleys and ot~-~er City, provided it first obtain a written permit from the City so to do, except in cases of emergency and further provided that in the exercise of such right, the Grantee shall not cut, remove, trim or otherwise injure such trees to any greater extent that is reasonably necessary for the installation, maintenance and use of such poles, towers, wires and other overhead appliances. SECTION 8. The Grantee in the exercise of any right granted to it by this franchise, shall at no cost to the City promptly reconstruct, replace, restore or repair any facility or service of the City, now or hereafter acquired, including but not limited to any street, alley or other public place, sewer, electric, water, fire alarm, police communication or traffic control facility or any part thereof which may be damaged, disturbed, or destroyed by the exercise of any such right, in a manner, with such materials and to the satisfaction of such department or agency as shall have been or may be designated by the City Manager or Council of the City. SECTION 9. The City reserves the full scope of its power to require by ordinance substitution of underground service for overhead service, or the transfer of overhead service from the front to the rear of property whenever reasonable in all areas in the City at such contributions or rates and charges as may be approved by the ratemaking authority. The City further reserves the full scope of its police power to require by ordinance the location, con- struction and maintenance of overhead service at the rear of property or underground service, wherever reasonable in all new service installations in the City at such contribu- tions or rates and charges as may be approved by the rate- making authority. SECTION 10. The City reserves and shall have the right to continue to use, maiatain, replace, repair and operate its existing traffic control, fire alarm, and police communica- tion facilities, equipment and appurtenances on the existing poles and towers and in the existing conduits, subways, manholes or other structures of the Grantee for the exclusive use of the City and the performance of its functions and exercise of its power without the payment of compensation therefore; provided that the Grantee shall have the right to remove or replace its equipment so long as it furnishes an equivalent facility for the City; and further provided that, the City shall indemnify, keep and hold the Grantee harmless from any and all loss, damage, cost or expense to, or which may be incurred by the Grantee, or to which it may be sub- jected by reason or as a result of such use of the Grantee's poles, towers, conduits, subways, manholes and structures. SECTION 11. The City reserves, and shall have the right to use the poles, towers, conduits, subways, lines, manholes or other structures of the Grantee, along, under or over- ground without the payment of compensation for the erection and installation thereon and use and operation of traffic control, fire alarm and police co~mnunication facilities, such po~es, ~o~,e=s ~ conduits, LLnes, sub';¢ays~ ~anhoies a'n8 structures shall not interfere with the proper use thereof %' ~'~*" r~*"a~~r ~''~ '(:O? ¢ ~"¢:" ~'>~'"'"'"' ..... ~" "~ ....... :"~ .... {~ ~ ¢"¢' rights granted to it by that the location on such poles and towers and in such conduits, subways, lines, manholes and structures and the ~ character of such traffic control, fire alarm and police communication facilities, equipment and appurtenances shall be subject to the prior approval of the Grantee, which right of approval shall not be arbitrarily exercised; and pro- vided, further, that the City shall indemnify, keep and hold the Grantee harmless from any and all loss, damage, cost or expense to, or which may be incurred by the Grantee, or to which it may be subjected by reason'or as a result of such use of the Grantee's poles, towers, conduits, subways, lines, manholes and structures. SECTION 12. Nothing contained in this franchise shall be construed to exempt the Grantee from any tax, levy or · assessment which is not or which may be hereafter authorized by law. SECTION 13. The Grantee shall render to the public in the City at all times during the term of this franchise efficient telephone service at reasonable rates, which rates shall be prescribed by the State Corporation Commission so long as jurisdiction so to do is vested in the Commission; otherwise, such rates shall be prescribed by the Council of the City. The Grantee shall render to the City at all times during the term of this franchise efficient telephone service at reasonable rates, which rates shall be such as may from time to time be agreed upon by the Grantee and the City sub- ject to the jurisdiction of the State Corporation Commission. The Grantee will maintain its poles, towers, wires, appliances, conduits, subways, lines, manholes, cables, fixtures, facili- ties and equipment within the City in good order and operating condition throughout the term of this franchise, and the Grantee by accepting this franchise, agrees that the State Corporation Commission has jurisdiction to the full extent and in the manner now or hereafter provided by law, during the term of this franchise, to require the Grantee to render efficient telephone service at reasonable rates, and that the Circuit Court of the City has jurisdiction to enforce compliance with all the terms, provisions, conditions and limitations of this franchise to the full extent and in the manner now or hereafter provided by law, during the term of this franchise. SECTION t4. The Grantee agrees and binds itself to indemnify, keep and hold the City free and harmless from liability on account of injury or damage to persons, firms or corporations or property growing out of or directly or in- directly resulting from such use of the streets, alleys and other public places of the City, the acquisition, erection, installation, maintenance, repair, operation and use of such poles, towers, wires, appliances, conduits, subways, lines, manholes, cables, fixtures, facilities and equipment, or the exercise of any right granted by or under this franchise or the failure, refusal or neglect of the Grantee to perform any duty imposed upon or assumed by the Grantee by or under this franchise; and in the event that any suit or proceeding shall 'be brought against the City, at law or in equity, either independently or jointly v~th the Grantee on account ~ suit ~.h. er~of,~ tb,.~~_~:.~.~.~-~te,~ v;~-~li ~.~:~:~,~nd ........ ~'~ C'~tv :~n any ~,u~ either indepcnd, ently or jointly v~ith thc Grantee, tb.~n the Grantee will pay ~:uch ]ud~:~ment or comply with such decree shall be construed to render the Grantee liable for the neg!i- gence of the City or of its agents or employees, or for that of any other person, fi~,~ or corporation. SECTION 15. The rights granted, to the Grantee by this fran- chise may be exercised by any successor or successors, assignee or assignees of the Grantee, but such successor or successors, assignee or assignees shall be subject to and bound, by all of the provisions, terms, conditions, and. limitations prescribed in this franchise; SECTION 16. The rights and privileges granted by this fran- chise shall continue for a term of forty (40) years from and after the final passage of this ordinance unless sooner voluntarily surrendered by the Grantee, with the consent of the Council of the City, or forfeited as provided by law. Upon the expiration of the term of this franchise or surrender or forfeiture of the rights and privileges granted by this franchise, the Grantee shall remove all of its poles, towers, wires, appliances, conduits, subways, manholes, cables and equipment from the streets, alleys and other public places of the City and shall repair, restore or replace any street, alley or other public place and any sewer or water, electric, fire alarm, police communication or traffic control facility or tree, or any part thereof, which may be damaged, dis- turbed or destroyed by or as a direct or indirect result of the removal of such property, in a manner, with such materials and to the satisfaction of the City Manager of the City at the cost and. expense of the Grantee within a reasonable time thereafter, which reasonable time shall be prescribed, by the Council of the City. Upon the refusal, failure or neglect of the Grantee to so remove such property from the streets, alleys and other public places, or to repair, restore or replace any such street, alley, public place, sewer, water or electric, fire alarm, police communication or traffic control facility or tree in a manner, with such materials and to the satisfaction of such department or agency of the City as shall be designated by the City Manager or Council of the City, the City may remove such property from the streets, alleys and other public places of the City and repair, restore or replace any such street, alley, public place, sewer, water, electric, fire alarm, police communication or traffic control facility or tree at the cost of the Grantee and the City shall not be liable to the Grantee for damages resulting from such removal. SECTION 17. This franchise is granted, pursuant to Article VII, Section 9 of the Constitution of the Con~nonwealth of Virginia and. Article 2 Chapter 22 of Title 15 of the Code of Virginia, and is subject to all franchises and permits heretofore or hereafter granted by the Council or the Council of the former City of Virginia Beach to use the streets, alleys and public places of the City by other public utility or public service corporations or con, unity television antenna systems. It is not intended by the grant of this franchise to abridge the exercise of the police power hereto- fore or hereafter granted to the City by the General Assembly. The grant of this franchise is subject to all ordinances and. reso- lutions of the Council. of the City as the same now exist or may be hereafter amended., revised or codified, in the lawful exercise of the police power or in the lawful exercise of any other power granted ko the City by the General Assembly. Nothing in this section shall be construed to grant any authority to provide any CATV services whatsoever as defined in 15.1-23.1 Code of Virginia as amended. ~;hail be construed to prevent a gran~ l~y the City of a similar franchise ~nd rights and priv:ile~c~,~:~ to r,~"hc-~.-~ ~ ,r~r'~:,ng .... o~: co:~,oz'a~'.ions, SECTION 19. This ordinance shall be in force on the date of its passage and shall become effective when the Grantee (a) accepts this franchise and agrees to exercise the rights and privileges granted by this franchise upon and subject to the terms, provisions, conditions and limitations set forth in this franchise, which acceptance and agreement shall be in writing and shall be filed in the office of the City Clerk of the City, and (b) at the same time filed in such office a bond in the amount of $1,000.00 with surety approved by the City Manager of the City, conditioned that the Grantee will exercise the rights and privileges granted by this franchise upon and subject to such terms, provisions, conditions and limitations. SECTION II. That upon the approval of this ordinance by the Mayor of the City, the City Clerk shall cause to be advertised once a week for four successive weeks in a news- paper published in the City of Virginia Beach, the full text of the ordinance contained in Section I of this ordinance and in addition thereof, shall, by such advertisement, invite bids for the franchise, privilege or right Proposed to be granted by said ordinance by publishing with the ordinance a notice which shall be in substantially the following form: NOTICE Bids will be received by the City Council of the City of Virginia Beach, Virginia, for the franchise, right and privi- lege upon certain conditions, to use the streets of the City of Virginia Beach, Virginia, for the purpose of providing all types of telephone, telegraph and other co~nunication services within the City of Virginia Beach, Virginia, as more particu- larly set forth in the text of the proposed ordinance pub- lished below. Bids must be submitted in writing and delivered to the presiding officer of the City Council of the City of Virginia. Beach, Virginia, in open session of said Council of the Council Chamber, City Hall, City of Virginia Beach, V~rgin~a on the~h day of July, 1972, at the hour of ~:00 p.M. (Daylight Saving Time). After receiving'said bids, the presiding officer and the City Council will proceed to consider the bids and the bids and the granting of the proposed franchise in the manner prescribed by law. The right to reject any and all bids is reserved. The successful bidder shall be required to reimburse the City of Virginia Beach for the cost of advertisement. The proposed ordinance is as follows: ~ DITIONS TO b~,_. T~. ~ ~.~:.~.~ ALLwaYS AND OT!IER PUBLIC 'E'~ .... L,~IEND_,D 0~.~ AI.,TLR~D, OR MAY BE t,_~d~Ai:TER '~'v'"~'~ 'r~~ ,, ' v "' FOR THE PURPOSE OF PROVIDING ALL TYPES OF TELEPHO~, TELEG~PH AND OTHER COMMUNICATION SERVICES WITHIN SAID CORPORATE LIMITS, AND TO ACQUIRE, ERECT, bi~IN- TAIN, AND USED AND IF NOW CONSTRUCTED, TO MAINTAIN AND USE POLES, TOWERS, WIRES, CONDUITS, SUBWAYS, LINES, i~iNHOLES , CABLES, EQUIPMENT AND APPLIANCES IN, UNDER, OVER AND ALONG SUCH STREETS, ALLEYS AND OTHER PUBLIC PLACES FOR THE AFORESAID PURPOSE. Virginia, on the ~Passed by the City Council of the City of Virginia Beach, ~/"~? day of ."~ -, 1972 APPROVED: .... ' ~'' "~'/"'~/ ~6'~ :? 9~';.C',~,.:i~ ...... ' Donald""H. Rhodes, Mayor The By: Cit?~f~Virgini,a Beach, Virginia t~ichard' '~'..'W~6'on,' 'Ci~'y Clerk' F'OR,M NO D, F. CITY OF VIRGINIA BEACH, VIRGI~!IA INVOICE F:©R SERVICES DEPARTMENT F FOR FL'TH E R ~ [ ~INFORMATION t"{ ~- C]ow~. ....................... k. CONSULT F- b _j 13056 BILL NO. DATE CREDIT TO: DATE I)I';SC l{] PT1ON AMOUNT TOTA 1~ ~'lu!y 2;7, !972 ?,~:7',"-~r:~::i,;~??~i: f't:,~t' ~:,i~ f~r !:'~o f;?nc;'~i:~:~ of Virginia Beach, Va., July 17, 1972. RECEIVED from The Chesapeake and Potomac Telephone Company of Virginia, One Hundred Dollars ($100.00), the same being the bid of said Company for the franchise proposed to be granted by the City of Virginia Beach, which bid was accepted by said City and the franchise awarded to said Company by ordinance duly enacted by the Council and approved by the Mayor on the ;-~ '~ day of ~ ~. /' 19 Clerk of the Council of the City of Virginia Beach, Virginia. Richmond, Virginia, July 17, 1972. TO THE }IAYOR AND COUNCIL OF TIlE CITY OF VIRGINIA BEACH, VIP. GINIA: ,Gentlemen: The Chesapeake and Potomac Telephone Company of Virginia bids the sum of One tIundred Dollars ($100.00) for the franchise proposed to be granted in the ordinance, which has been advertised in The Sun, entitled, "AN ORDINANCE TO GRANT TO , ITS SUCCESSORS Ai-~D ASSIGNS THE FRANCHISE~ RIGtlT AND PRIVILEGE UPON CERTAIN CONDITIONS TO USE 'lite STREETS, ALLE~fS AlqD OTil~R PUBLIC PLACES OF TIlE CITY OF VIRGINIA BEACH, VIRGINIA, ¥~I~HIN ITS CORPORATE LII.IITS, AS THE SA¥~E NOW EXIST OR ~Y BE HEREAFTER ~MTENDED OR ALTERED, FOR THE PURPOSE OF PROVIDING ALL TYPES OF TEI,EPHONE, TELEGRAPH AND OTHER C01~-IUNICATION SERVICES AT Ai?f POIl.~f WIT!lIN SAID COPd~ORATE LIMITS, Ai.~,D TO ACQUIRE, ERECT, MAINTAIN AND USE, AND IF NOW CONSTRUCTED, TO MAII.~i'AIN AND USE POLES, TOWERS, WIRES, CONDUITS, SUBWAYS, LINES, IiANHOLES, CABLES, EQUiFI,IENT AND APPLIANCES IN , UNDER, OVER AND AI~)NG SUCtI STREE~fS, ALL,rS AND OTilER PUBLIC PI~,CES FOR TIlE AFORESAID PURPOSE." And if the said franchise is granted to The Chesapeake and Potor?mc Telephone Company of Virginia, it will obsez-ve and perform all the cond.~.t~.ons and reqnirements contained in said ordinance and ¥~,ill reimburse the City of Virginia Beach for the cost of advertising the same, and will give the bond as required by law. A certified check for the sum of One Hundred Dollars ($100.00) the bid hereby made, is he. re:with ()~' ViilGIN%A Vic,? ITEM #4877 On motion by Vice blayor Ervin, seconded by CounciIman Waterfield, an~ by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Ilolland, D. Murray ~4albon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved an appropriation in the amount of $12,000 for engineering services in connection with the Cape Story By The Sea drainage program. ITEM #4878 On motion by Councilman Holland, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. biurray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the appointment of Mr. Edward bi. Williams, Superintendent of Building Codes, to the Minimum Housing Board as set out in Section 19--4 of the City Code. ITEM #4879 On motion by Councilman Waterfield, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence'A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the request of Mr. Ivan D. Mapp, Commissioner of the Revenue, to exonerate ninety-six (96) business establishments in late payment penalties on tangible personal property in the amount of $15,851.34. ITEM #4880 Mr. Robert Schaller, a resident of Chesopian Colony, appeared before City Council requesting that Mr. F. Wayne McLeskey, who is constructing a business complex adjacent to Chesopian Colony, conform to the requirements of the site plan which was submitted prior to the beginning of construction, with particular reference to the "buffer zones" which were proposed to be left between the commercial corLstrhction and the residential area of Chesopian Colony. Mr. McLeskey, a contractor for Woolco and Giant Open Air Market, displayed to City Council the submitted site plan and indicated his intention of complying with the site plan as it was submitted and approved. The City Manager, Mr. Roger M. Scott, indicated that every effort would be made to assure that Mr. McLeskey complied with the site plan. ITEM #4881 On motion by Councilman Payne, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. lVaterfield, Jr. Nays: None Absent: None City Council noted its intention to hold a closed meeting on Monday, August 7, 1972, for the purpose of discussing items permitted for discussion under the Freedom of Information Act of the Commonwealth of Virginia. ITEM #4882 On motion by Councilman Ferrell, seconded by Councilman Gardner, the meeting was adjourned. ., Richard J. ~bbon, City Clerk Donald H. Rhodes, Mayor City of Virginia Beach, Virginia July 24, 1972