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HomeMy WebLinkAboutOCTOBER 13, 1975MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA October 13, 19 75 The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, in the Borough of Princess Anne, on Monday, October 13, !975, at 2:00 p.m. --~e invocation was given by Mr. Richard J. Webbon, City Clerk _ouncilmen present: John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, J Vice Mayor George R. Ferrell, Charles I~~. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd ~. Waterfield, Jr. Councilmen absent: None ITEM #8910 On motion by Councilman Gardner,-seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, 'Jr., Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry ~,'lcCoy, Jr., Mayor J. Curtis Payne, Patrick L~ Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the minutes of the 'regular meeting of October 6,, 1975, and di---oensed with the reading of said minutes inasmuch as each Councilman bad a coc o: t~e subject minutes 0efore. i~.i.m~ ITEM #8.qll 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. Cromwel!, .Jr., Vice Mayor George R. Ferrell, Charles 'I'~. Gardner, John R. Griffzn, C!are:p~ce A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading an appropriatio'n of $6,000 in order to enter into a consulting services contract with Cable Television Information Center of kfashington, D. C. and The Urban institute. ITEM #8912 On motion by Councilman Callis, seconded by Councilman Waterfield, and by re- corded vote as follows:. Ayes: Councilmen John A. Baum,~Robert H. Callis, Jr., Robert B~ Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.. Sta.naing, and Floyd E. Waterfield, Jr. N_~avs: None , sent: None City Council approved on second reading authorization to the City Manager to execute on behalf of City of Virginia Beach the following State-Local r~scai Year ~976: Hospitalization contracts for ~' ' ~ ttospitaZ' Per Diem Rate .75-76 Children ts Hospital of Kings Daughters $ 98.10 DePaul ~ospita~ General Hospital of Virginia Beach Medical Col~,ege of 7irginia Norfolk Community Hospita~ Riverside Hospital ~ University of Virginia Per Diem Rate 74u75 $ 89.00 98.10 85.18 83.76 74,97 99,87 91.28 63.36 55~57 72.8~ 68~52 99,87 91,25 ITEM ~8913 On motion by Councilman Griffin, seconded by Councilman Callis, and by recorded vc~-~, as follows: Ay : Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jrt, Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor .I~ Curtis Payne, ~atric:k L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading the following resolution concerning an application to the Virginia State ~;ater Control Board and the United States Environmental Protection Agency requesting funds for the preparation of a Section 201 Facilities Plan {Step I Funds) and further agreed, to pay its share of the Federal Grant, eitlher through monetary contribution or the provisJon of in-kind services, :in the amount of :~18,666' WHEREAS, the Virginia State Health Department has declared that certain designated areas of V~rginia Beach are potential health hazards at the urgent level; and WHERELS, the Virginia State t4ater Control Board has made available to the City funds For the Dreparation of a Section 201 Facilities P)an (Step Ji~; and ~ WHEREAS, it is the intent of this Facilities Plan to ascertain a via~ ble solution to the health hazard problems, afford significant citize, n input, and insure that the most cost-effective solutions to the problems ar(~ ~cc,~.~,,.~ mended; and WHEREAS, the application by the City for funds to construct a ~ederally- assisted sewage treatment ~ ",~ · ~ys;...m under Section 201 (Steps Ii and tingent upon certification of a Facilities Plan by the State Water Control Board and the U. S. Environmental Protection Agency; and WHEREAS, the estimated pro?am cost of the ¢,acilities Plan is and the estimated local con!;ribut:~'on for the ~,roqram is $18,665; aqd WHEREAS, the Grant Application~..,-,-oce~.,._~,,,t:, requir¢s, the applicant to ]nc,ude' ~ ~ executed ag,~..me,~s as deemed ap?o~iate for ~he preparation of ~he Facilities Plan: NOW THEfLrOR~ BE iT Rc.~OLI/EL;' 3¥ THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to cause such ,_.information or materials as mas be neces~,ary to be provided to the State Water Control ~oard ~nd %r'.e Env'~ronmen'~:al Pro~ectio~ Agency to permit 1:he formulation, ~pproval and funding of the S~ep .~; Facii';t~es Plan under Section 20l of the Federal Water ?oitutit, n Control Act A,nendmen?. of 1972; ~F -"' ' ='~' , .~"~tv Hanaqer is hereby *horized AND 8c Ii' F~.P, TH~:',, [~.ES()LVET! !:hat ti~e r .,, _ . atlt 'and direc:ted to ~,',~ ~ntc ,.,., .... c.,,~crt., as ~'~ 7"' ..... ~ ........ *?~'~' ,' ,"< deemed a~.p,o~¢,~a,u for the preparation of a Facilities P~e~n; AND ~ , ~'cr t,E IT FU?.TIfEi] R. ao,JLV~:~, that the City o'F Virginia Beach agrees to its share of the federa~ gran5 ei*h~ +'~ .... qh ' ~","~':~,',, AND 8E IT FURTHER R!~SOL.¥ED, that the State Water Control Board and the Environmental Protection Aq(,ncv are ~spe,::'cfu!iy rPcuested to a~s'~st in the prompt approval and fundinfi of the s~bjec":. ~'mogram in order that the public. interests of '" .... '- '~ tnls City may be hes~ pro,~ected. 1 .... g _z g.~n~a - Mayor Payne presented the fo Lowin 'Vi- ~ 4 Beach Lifesaver Award *o Richmonder James R .m.~.,.h a. no Lar2 W. * ....... III a Virginia Beach *~=sident ~-. f '" ::an (]! .,~ge ii and quite poss:ibly the lives o~' for saving the l...fc o ~zz bb¢~ : , , ., .. ¢ri2n's 15 year o].d ,)'rot.he:: "~°~'ae'~ ano. th. e1-' 5 year ol cousin, Kair:7_na Pre~dei~! -.L~ q,,. ::.:. :. :' ls~ Vice . Walt~r Taylor ( 2nd Vice President Virginia Beach Safety C POST OFFICE BOX 2~7¢ at VIRGINIA BEACH, VIRGINIA 23452 ;. PHONE 804/340-6623 or 34~6377 The Virginia Beach Safety Council today recognized and awapded the Virginia BeaCh Lifesaver Award to Ric~monder James R,, Smith and Earl W. Edwards Iii,-a Virginia. Beach resident. The two awards were presented by Mayor Curtis Payne at the open,:ng of Monday's City Council meeting. The inscription on the awards reads as follows - ;- : On July 20~ ~97~ at ~! ,,,0~ while enjoying a S~.mday mo~ning .~-" ....... .t!:..s.r:~:.. :~:I:' fishing trip ~t the L~.~na'~:~sh~n~_ Pie~, Earl W,, Edwa?ds~ III and j~es R. Smi~:c ~aved tho .life of Bri~ ~' ~ ~.~ :, and'quits pos~:~bl~'~"the J, iv'os of Bri,~a 1.5 year oi~ brother., : -'- Michael and thsLz'. I?c: y~sr o~.d cousin, ' - ' ce the two o:Lde~' childreo ',~¢er~ rapidly o~erriencing g~eat .'~-' cu. lty in l-ho~'~ attemo~ t.o 'cull BrL~ f'rcm wa'~e? over his i:tead~ c,,~z:..,:. Edwa~-M.s d::*re.d fa?om the ~:LS.z..rz,,, pier and sw~ assist tho "~' ~m.~dr, en :,Lft~,~:r a .few tens~ moments it bocssne .~: ":: , O~eter:i. ora'bir, g ~i;-,~,~t':c,:a james Smith ,tive~:.t :fro.m tho Aft,:)]:; swJ.:~,~.J..ng &o f;.h~ z....; ~ Jim and :¢f, ar']. w'ork'.inE to~, . 'Both reoipier, ts were nomi~.ate(~ by the ch:il:l~on~s mother¢ :~irs~, .Diane ;. .~. Gibbs These are the fourth a " . .n~ fifth s~v'er by the Safety Com~c:L1 since the i;mception of Vl'-~.e 9~,,a,d two years Any indi~idua! who goes to the r~acu, e :'~F another person ~ib,.~::~se 1.if~' .',,,~ in - ~" · danger is eligible ~o .receive the swat& providing the incident · - in Virginia Beach, or its contiguou~ waters, Nomination £'oz,~,s for the c.,.~=r;.r s office a.b Mumicipal center, Dup- award are available at the city "~*~ ' ~' ~,h.~, hallway adjoining licato awards are on display :t.~, '~ ~' chambers Lu the City Admir~istra'Oion Building.. Council Earl W. Edwards, On July 20, 1975 at 11:05 a.m. while enjoying a Sunday morning fishb~g trip at the Lynn- haven Fishing Pier, Earl W. Ed'a, ards. III and James R. Smith saved the life o!' Brian Gibbs age. 11 and quit~ possibly the lives of Brian's 15-year-old brother, Michael and their 15eyear- old cc, usit% Katrina. Seeing r~at t~ha two older children were rapidly experiencing great d:f- ficulW in their attempt to pull Brian from water over his head, Earl Edwards dived from the fishing pier and swam m assist the children. ADer a few tense moment~ it became apparen~ thai Earl was encounmrmg a similar difficulty in his attempt to aid the three panic-stricken children. At t. he same moment, immediately recognizing the danger of the deteriorating sil~uatien, .lames Smith dived from the pier. After swimming to the tired group, Jim and Earl working ~ogether successfi~lly brought the three children safely to shore. iTEM #8915 Petition of Leo Tebele and Murray Tebele for a Chanteuse pf ~onin~ District Classification from A-1 Apartment £istrict to B-2 Co~unity Business Dis- trict on certain property beginning at a point 130 feet East of Cypress ~ Avenue, running a distance of 60 feet along the South side of 21st Street, running a distance of 130 feet along the Eastern property line, running a distance of 60 feet along the Southarn property line and yunning a distance of 130 feet along the Western property line. Said parcel contains 7,800 · ---- mquare feet. VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: ~o._ A motion was passed unanimously by the Planning Commission by a recorded . vote of 13 to approve this request. . For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standmrd site improvements as required by the Site Plan Ordinance. 2. City water and sewer. . The motion further stated that if the use of this property is such thzt additional on-site parking is required and access to the parking area is from the alley, the applicant will De required to install curbing and pave to the center of the alley for tha width of the property. Additionally, a ~torm dr~in~will be required in th~ ditch a!onz the alley. · On motion 0y councilman Callis, seconded by Councilman Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert t3. Cromwell, Jr., Vice Mayor George R. Ferrel!, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standi~og, and F~-yd E. Waterfield, Jr. N~ ~: None Absent' None City Council approved, the following ordinance upon petition of Leo Teb~ele and Maurry Tebele for a Change of Zoning District Classification from A-1 Apartment District to B-2 Community-.Business District~ ORDIN~uNCE UPON PETITION OF LEO TEBELE AND Z01075!39 MAURRY TEBELE FOR. A CHANGE OF ZONING DIS- TRICT CLASSIFICATION FRO.Xl A-1 Apartment District TO B-2 Community-Business ~i~trict Be it ordained by the Council of the City of Virginia B'each, Virginia, that: Petition of Leo Tebele and ~,4aurry Tebele .for a Change of Zoning District Class- ification from A-1 Apartment District to B-2 Community Business District on certain property beginning at a point 130 feet East of Cypress Avenue, running a distance of 60 feet along the South side of 21st Street, running a distance of 130 feet along the Eastern property line, running a distance of 60 feet along the Southern property line and running a distance of 130 feet along the Wesf, e~rn property line. Said parcel contains 7,800 square feet. Virginia Beach Bor~ gh. For ~ne information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site improvements as requi, red by the Site Plan Ordinance 2. City water and sewer £he motion further stated that if the use of this property is such that add- itional on-site parking is required and access to the parking area is from the alley, the applicant will be reuqired to install curb and pave to the renter of the alley for the Width of the property. Additionally, a storm Jrain will be required in the ditch along the alley. -" #8916 On motion by Vice blayor Ferrell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, .Ir., Robert B. Cromwell, .tr., Vice Mayor George R. Ferrei!, Charles W. Gardner, John R. Griffin~ Clarence A. Holland, 3. Henry McCoy, Jr., Mayor J. Curtis Payne, 'Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None sent: None t~ty Council voted to refer to'the Planning Commission the following ordinance to amend the appendix, Title II, Subdivision Ordinance, Sanitary Sewerage, Section 5.9 of the Code of the City of Virginia Beach, Virginia, relating to charges for stand-by emergency sewage equipment: AN ORDINANCE TO AMEND THE APPENDIX, TITLE II, SUBDIVISION ORDINANCE, SANITARY SEWERAGE, SECTION 5.9, OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, P~LATING TO CHARGES FOR STAND-BY EMERGENCY SEWAGE EQUIPMENT BE IT ORDAINED BY THE COUNC£L OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Paragraph four (4), (unnumbered) in Section 5.9, of the Subdivision Ordinance be amended by adding the following as underscored: Where general sewerage systems are provided by the developer, they shal~ be offered to the City at no cost in accordance with the terms and provisions of the Standard Subdivision Agreement. ~he're general sewerage systems provided by the developer include pumping st~tions~ ..~her~ on____-site.s~and-by power is not provided bZ the developer, the developer will be required to deposit with the Department of Public Utilities, the sum of $1,000.00 per pumping station to be used for the purchase of emergency portable equipment. In the event a sewerage pumping station w~ll have a capacity g~e_aater than J,__O.00 gallons per minute pumping rate_,.an addj;tignal fee of $1.00 p~.r sallon per minute, over 1,000 gallons per minute will be required. First reading: Second reading: Referred to Planning Commission: October 13, 197S Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1975. .iITEM #8917 On motion by Councilman Callis, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice blayor George R. Ferrell, Charles ~f. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None ty Council approved the following ordinance to amend and reo:rdain Chapter 22, the Code of the City of Virginia Beach, Virginia relating to motor vehicles: AN ORDINANCE TO Ab~ND AND REORDAIN CHAPTER 22 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO MOTOR VEHICLES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 22 of the Code of the City of Virginia Beach is hereby amended as follows: 1. By adding in Section 22-2 the following definition: Bicycle - Bicycle shall include pedal bicycles with helper motors rated less than one brake horsepower, which produce only ordinary pedalling speeds up to a maximum of twenty miles per hours, provided such bicycles so equipped shall not be operated upon any highway or public vehicular area of this City by .any person under the age of sixteen years. 2. By adding in Sectidn 22-2 to the definitiOn of "MotOr ~ehicle" the following at the end of said definition: For the purpose~of this chapter, any device herein defined as a bicycle shall be deemed not to be a motor vehicle. 3. By reordaining Section 22-50 as follows: Section 22-50. Certain information to appear on sides of "for hire" vehicles; exceptions. It shall be unlawful for any person to operate or cause to be operated or to permit the operation of a "for hire" motor vehicle, except those falling within ~he gross weight group of 10,000 pounds and less, over or on the highways of this City unless the name and address of the owner of such vehicle plainly appears on both sides of such vehicle in letters of such size, shape and color as to be readily legible during daylight hours from a distance of fifty feet while the vehicle is not in motion. Such display shall be kept and maintained in such manner as to remain so legible, and may be accom- plished through the use of a removable device so prepared as otherwise to meet the identification and legibility requirements of this paragraph. Provided that the provipions contained im this para- graph shall not apply to any motor vehicle, use of which is restricted to wedding, ambulance or funeral services, nor to any motor vehicle rented without chauffeur and operated 'under a valid lease agreement which provides that the lessee of such vehicle shall have exclusive control thereof, but this exemption shall not include motor vehicles leased to common or contract carriers of persons or property which operate or should operate under certificates or permits issued by the State Corporation Co~nission or the Interstate Commerce Commission. It shall also be unlawful to operate upon the highways of this City a pickup or panel truck, tractor truck, trailer or semitrailer with a name on it other than the owner's or lessee's name thereon; provided, however, advertising material thereon for another pursuant to a valid contract is not prohibited. 4. By amending Section 22-33 as follows: By adding in the first sentence after the first five words, the words "including an arrest on a warrant." 5. By ordaining a new Section 22-33.1 as follows: Section 22-33.1. Issuance of warrants upon failure to comply. (a) Upon the failure of any person to comply with the terms of a summons or notice as provided in Section 22-33, the court may direct the arresting officer or the clerk of the court to obtain a warrant for his arrest or for the violation of his written promise to appear given in accordance with Section 22-33 and serve, or cause to be served, or attemp~ or cause to be attempted, to serve such warrant on the person. The warrant shall be returnable to the court having juris- diction of the offense and~shall be accompanied by a report by the arresting officer which shall clearly identify the person arrested, specifying the section of the Code of Virginia or ordinance violated, the location of the offense, a description of the motor vehicle and its registration or license number. 12- (b) If the warrant is returned to the court with a notation "not found" or the person named in the warrant does not appear on the return date thereof, the court shall forward a certificate of the fact of nonservice or nonappearance with a copy of the report specified in section (a) above to the Commissioner of the Division of Motor Vehicles, who shall forthwith suspend the operator's or chauffeur's license of such person. The order of suspension shall specify the reason for the suspension. Such suspension shall continue until such time as the court has notified the Commissioner that the defendant has appeared before the court under the terms of the summons or notice and the warrant. (6) By ordaining a new Section 22-33.2 as follows: Section 22-33.2. Any police officer in the course of his duties and the investigation of an accident involving a motor vehicle or vehicles, may, at the scene of any such accident, issue a subpoena to any witness to appear in court and testify with respect to any criminal charge brought against any person as a result of such accident. 'A subpoena so issued shall have the same force and effect as if issued by the court. Any person failing to appear in 'response to a subpoena issued as provided herein shall be punished as provided by law. (7) By amending Section 22-108(3) as follows: By addin:~ to subsection (3) the following: "provided that official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the direction of every such device." (8) By reordaining Section 22-226 as follows: Section 22-226. Length of vehicles - generally; special permits. No motor vehicle exceeding a length of forty feet shall be operated on any highway of the City; provided, however, the City Manager may, by general or special order, which may be amended or rescinded from time to time, permit the operation of passenger b%,ses in excess of thirty-five feet but not exceeding forty feet on certain highways or parts thereof designated by the City Manager. The actual length of any combination of vehicles coupled together including any load thereon shall not exceed a total of fifty-five feet; and no tolerance shall be allowed herein; provided, further, however, that the City Manager in cases of emergency may issue a special permit fo~ combinations in excess of fifty-five feet, including any load thereon, where the object or objects to be carried cannot be moved otherwise; provided further that vehicles designed and used exclusively for the transportation of motor vehicles may have an additional overhang not to.exceed five feet. Passenger buses may exceed the forty foot limitation when such excess length is caused by the projection of a front safety bumper Or a rear safety bumper or both. Such safety bumper shall not cause the length of the bus to exceed the maximum legal limit by more than one foot in the front and one foot in the rear. "Safety bumper" means any device which may be fitted on am existing bumper or rep~.aces the bumper and is so constructed, treated or manufactured so it absorbs energy upon impact. (9) By amending Section 22-238 as follows: By adding after the second sentence in subsection (b)~the following: "No permiB. issued under this section providing for a single axle weight in excess of 20,000 pounds or for a tandem axle weight in excess of 34,000 pounds shall be issued to include travel on the federal interstate system of highways"; and by deleting in the next sentence the word "fifty'~ and substituting therefor the word "sixty"; and further deleting the words ~'thirty-six" and substituting therefor the word "forty"; by deleting the present last sentence in sub- section (b) and substituting therefor the words "No such permit shall be issued authorizing the operation of the vehicles enumerated in this subsection for a distance of more than twenty-five miles from a'batching plant, however, the said permit shall not designate the route to be traversed nor contain restrictions or conditions not -4- applicable to other vehicles in their general use of the highways. Each vehicle, when loaded according to the provisions of a permit issued under this section, shall be operated at a reduced speed. The reduced speed limit is to be ten miles per hour slower than the legal speed limit in fifty-five, forty-five and thirty°five miles per hour speed limit zones. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of October : 1975. ITEM #8918 On motion by Councilman Holland, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Calf[is, Jr., Robert B. Cromwell., Jr., Vice Mayor George R. Ferrell., Charles W. Gard:~er, John R. Griffin, Clarence A. itolland, J. Henry McCoy., .Jrt, bla. yor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following tax refunds 'in the amount of $1425.~8: To: Mr. Dale Bimson Ci~ty From: .Mr, V. A. ~Etheridge, Treasurer Name Mort, Dana 'A Moore Glynn I & Peggy M Mutual Fed Sav. Butterworth Geo. A H Richardson Taylor C Aubrey Va. Beach Fed S .l Kassir Nabi! D & Va. Beach Fed B L Triad Enterprises VBi Beach Fed B L J her Alfred S 1975 .Va. Beach'Fed B ~ Sea Bay Der Corp! 1975 Attn R G Bosher Atl Cleaners Sisson Hugh H & Frances B/ Date Glae~r Frederic~ & JuditbK Cameron & Brown Subject: Application for Tax Refunds The following applications for refund of taxes totaling $ and certified for payment, as set forth below: , ?, Tax 'tlTypeI Tax I of Ticket ]tion Year T.ax Number ~o. 1975 PP ',~) 05740g 1,3143 1975 RE ~) 040445 5002 1st. 1975 RE ~) 008322 4498 1st & 2nd 1975 RE f~' 056975 4676 1st 'half 1975 RE ~/ 031470 4709 !s t. half 1975 RE ~/ 058847 4674 Is t half RE ~* 031176 4715 1st half RE f/ 051368 4941 is t half 1975 RE f/ 001900 471A 1st half 1975 RE f/ 053253 4790 1974 RE ~/ 020778 3766 ls t half Above applications for refund of taxes Above aba Cements totaling Sept 29, 1975 640.69 V. A. Etheridge Treasurer Date ~ Inter Tot Paid Base 5-30-75 2'7 ~6-10~75 8 5~29-75 45.00 90 5-29-75 45.00 ~6-10-75 24 6~10-75 ',~ 50 6-10-75 33 6-10-75 33 6-10-75 144 6 -10-75 84 6-10-75 6-10-74 approved. Da te~ .... '-D-a/le'~imson, C~ ty A~rorh Approved by Da te Richard J, ~bbom, City Clerk 140. TO: Mr. Dale Bimson C'ity Attorn&y From: ·Mr. V..A. ~Etheridge, Treasurer ' ' Da te OCt. 3, 1975 Subje,:t: Application for .Tax Refunds The following applications for refund of taxes totaling $ and certified for mayment, as set forth below: Name John B Miles McIntyre Douglas Barco William Goodloe Edward Whitehurs t Johm" Bell Gerald A &. Barbara C 1st Mort Corp. Visser Roger & ~enevieve K~ th Billy J & J¢ ~ M. Creef Dennis L & Barbara North Bay Dev. c/o W B Meredith Walker Ralph D Attn E P Kiernan Bayville Farms Bayville Farms Tax Year 1975 1975 1975' 1975 1974 1974 1975 1975 1975 1975 1975 1975 1975 1975 Type of PP PP PP RE 'RE RE RE RE RE Ticket Numb e r 23618 f~ 053557 ~ 04138 f~ 031104 fJ 88375 o6 o75 Ist & 2nd 060281 is t half f~ 031679 Is t half {~- 013441 ~ 1st half · ~, 042797 ls t half fJ 060643 ~ ist half ~9 003743 ls t half Bayville Farms /J 003744 Is t half 003745 1st half 785.19 ~ V. A. Etheridge Tax i:,~xoner - , . ~tion Date = Pen- "Inter Tot~ i ~q. Paid Base alty est __ 1-9-75 7, 13156 6-10'75 66, 13155 6-10-75 142, 1.315]. 6-1.0-75 22. ~9-9-75 25.74I 1.29 .41 27. 4.845 6-'7 -74 77.7.6 155. . 12-5-74 77.761 ~863 5~22-75 54. .50~2 6-10-75 ].3. .5006 6-] 0-'75 16. 4860 6-10-75 22~ .5008 5--27-75 ~ 24. A995 6-10-75 2. 4994 6-10-75 77. 5013 6-10-75 85. 4671 6-10-75 33.60 67. 4701 6-10-75 33.60 approved. Dm t~ .?,~/.7 / ~ _ _ _ ~le Bimson, C~tv A~orn~~ Approved by City Co~nc~l Richard City Clerk De'. ~ra Samuel C 1975! RE 17J015348 & t ~garet 19751 RE /.~ 015349 Above applications' for refund of taxes Above abatements totaling On motion by.Councilman Callis, seconded by Councilman Gardner, and by recorded vote" as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice blayor George R. Ferrell, Charles ~. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None C.j_ty Council adopted the following resolution requesting th.~' Virginia Department Highways and Transportation, and the Federal Highway Administration to take nediate action to alleviate the existing hazardous conditions at the inter- s~¢tions of 1~64 and 1-264, and the approaches thereto: RESOLUTION WHEREAS, The Virginia Department of Highways and Transportation and the Federal Highway Administration hav~ constructed an interstate highway system serving the City of* Virginia Beach and the City of Norfolk which intersection % 1S known as the intersection of 1-64 and 1-264, and WHEREAS, This intersection lies solely within the City of Norfolk but is vitally important to commuter traffic to and from the City of Virginia Beach, and WHEREAS, The traffic voiumes have increased to such an extent that this intersection as it exists today ihas become quite dangerous and unsafe, and WHEREAS, The traveling public has experienced gre%t difficulty and numerous accidents while negotiating the various on and off movements at this intersection and the approaches thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Department of Highways and Transportatiop and the Federal Highway Administration are hereby requested to give immediate consideration to whatever measures necessary to alleviat the unsafe traffic conditions at the intersection of 1-64 and 1-264 and the approaches thereto. ITEM #8920 On motion by Councilman Callis, 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 George R. Ferrell, Charles W. Gardner, John R,~ Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None A ent: None City Council approved the following resolution requesting the United States Secretary of Transportation to reallocate interstate funds from the northern Virginia sections of Interstate Route 66 to the incompleted Hampton Roads sections of Interstate Routes 264 and 464, i.e., the interstate gap at the Elizabeth River crossing where i~264 is bisected by the Elizabeth River and i-464 is incomplete; and further requested that an amendment be added to include the Virginia Beach-Norfolk Expressway: RESOLUTION OF THE SOUTHEASTEI~ VIRGINIA PLAg~NING DISTRICT CO~.~ISSION · EXECUTIVE COM>~ITTEE AUGUST 20, 1975 ~R{EREAS, the Executive Conunittee of the Southeastern Virginia Planning District Commission serves as the Metropolitan Planning Organization for the Southeastern Virginia ,Planning District urbanized area in accordance with a Continuing Transportation Planning Process Agreement between the Commission and the Virginia Department of Highways and Transportation; and, W~1EREAS, the Commission kas recommepded the place~nent 'of the ~Berkfey Bridge and the Downtown Norfolk-Portsmouth Tunnel on the Interstate System and the National Defense Highway System, and tremendous efforts have been carried out to obtain the urgently needed additional Interstate Funds to finance this crossing between Norfolk and Portsmouth; and, Wq~EREAS, the United States Secretary of Transportation has ruled that Interstate Route 66 between the Beitway and the Potomac River in Virginia, con- .sisting'of 9.6 miles, cannot be constructed, and, W~1EREAS, the said mileage will be lost to Virginia if it is not trans- ferred to other highway needs in the Connnonwealth, and WqlEREAS, there is an urgent need for the use of Interstate Funds to complete the Interstate gap at the Elizabeth River crossing where 1-264 is bisected by the Elizabeth River, and 1-464 is i~complete; now therefore, BE IT RESOLVED, that the State Highway and Transportation Commiss~ion is urged to take the steps necessary to redistribute so much of said Interstate mileage as necessary to complete 1-264 at its crossings of the Elizabeth River; mud, BE IT FURTIlER RESOLVED, that the State Highway and Transportation Commission t~ke such steps as necessary to redistribute other available 1-66 Interstate mileage funds to complete gaps in the Interstate System in the Hampton Roads area; and~ BE IT FURTHER RESOLVED, that copies of this Resolution be sent to the Governor of Virginia, Secretary of Transportation and Public Safety, 'members of the Virginia tlighway Commission, the Commissioner of Highways and Transportation, the Participating Jurisdictions and their Members of the Genera]. Assembly. In witness thereof: Dur~ood S. Curiing, Cha:irman Certified to be a true copy of a resolution adopted by the $outhea.otern ~irginia Planning District Co~nission at its ~.~ee~Y~ 'of, August 20, t975 an~ made a part of the official ~ r~ .~ ~U~;,>k,'~.~'~zu~ V,.~GI~!A PLAA4~G D~.~TRICT COz~7..,.~SION ~ ~ ~x" ,y,RfJ~ert.'~%x j'aeJler, E%'ecutive Director/Secretary ,, '. :,,~..' .... .,r,~,.~ . ITEM # 8921 On motion by Councilman £::ardner, secondeJ by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert tt~ Callis, Jr., Robert B, Cromwell, Jr~ Vice Mayor George R~ Ferrell, Charle~ Wo Gardner, John R. Criffin~ Clarence %. .tt~..ry rqcCoy~ Jr , Mayor J Curtis Payne, Patrick L .... tending., an~ Floyd E, ~aterfic.ld, J'r. Nays: None ; ent: None City Council. adopted the following resolution appointing the City Manager as the authorized agent tc execute and sub,nit grants in aid applications under Section 206 (a), Reimbursement, of thc Federal. ',~ster Pollution 7outroi Act Amendments of !972: R E S O L U T I O N WHEREAS, the Ci~ty of Vi~ginia Beach plans active participation in Federa7i add State grants in aid pro- grams; and WHEREAS, such applica't~onsrequire an authorized agent to be designated C~, Council of Virginia Beach. H~F~ BE ~SO~..,,,~z,D by the Council of the City of Virginia Beach~ That the City 3~anager,..Mr'. George L. Hanbury, is hereby designated as thc authorized ~lgent to execute and submit such gr~nts in ~id applications to the governmental agencies of the F~.~~ ' ~' ~o.zal. and State Governments with regard to Section 206(a), Reir~ursemen'{x, of the Federal Water Pollution Control Act Amendments of 1.972. lt. Russell Chaplain appeared on tn~ :ouncilman Callis made a motion, seconded by Councilman ~,~cCoy, to reconsider he 4-foot encroachment of the Kona KaZ. ?he recorded vote is as follow~: Xes~ Councilmen ~o6ert ~. Caliis, Jr., .~obert B. Cromwell~ J~. ~ Fi.c~ Mayor eo~ R. Ferre]l, Charles ~'. Gardner, Joh~ R. griffin, Clarence A.. ~Iol~and, r ~y ~cCoy, Jr.~ ~qayor J. Cur'tis Pavne~ derrick L. Standi. ng~ and Flo~d ate~ ~:ield, Jr. ~ys: Councilman John A. B~um, ent: None Council voted to reconsi-~uet the ~ - ~oot en,~.roachment~ ~ the Kona ~a~ ITEM t! 8922 (b) Councilman Callis made a motion, seconded by Councibnan McCoy, to approve the 4-foot encroachment for the Kona Kai Motel. The recorded vote is as follows- Ayes: Councilmen Robert H~ Callis, Jr., John R. Griffin, 3. Henry Mccoy, Jr. Mayor J. Curtis Payne, and P~trick L~ Standing Nays: Councilmen John A. Baum, Robert B. Cromwell, Jr., Charles W, Gardner, Clarence A. Holland, and Floyd E~ ',~aterfield, Abstain: Vice Mayor George R. Ferrell A~ent: None P to a tie vot'e the motion was lost; Council did., however, request the City Manager to study the property line and report his findings back to Counci 1. ITEM #8923 On motion by Vice Mayor Ferreii, seconded by Councilman Standing, and by re- corded vote as follows' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor George P.. Ferre[]., Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. iienry ,McCoy, .Tr., Hayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the !o~¢ bid oF Virginia-Carolina Contractors, Incorporated, in the amount of $] 09 ,.12q,~ . ...~0,, for tr~e ~arliament Drive Area Sanitary. Sewerage Facilities (Contract I-[~?-avitv): and furtl-,.e~' authorized the City Manager to execute the necessary agr,,2enie?.t'.4 for imp]..ementation of this project. 'Funds are av~j,lab ie. ITEM ,~ 8924 On motion by Councilman McCoy, seconded by Councilman Gardner, and by recorded vote as follows Ayes: Councilmen Jokn A. Baum. Robert H., Callis, Jr., Robert B. Cromweli, Jrt, Vice Mayor George R. Ferre]L, Charles ·.., . ' ' ,, and Holland, J. ilen'ry ?¥Ic2o',: J~. , ,",!ayor J. Curtis Payne, Patrick L. Standzn~, Floyd Nays: None Kbsent: None City Council approved the low bid of Central Builders, Incorporated, in 'the amount of $2?6,970.00, fer the Parliament Drive Area Sanitary Sewerage Facilities (Contract II-Gravity); and '(!urther authorized the City blanager to execute the xecessary agreements for i~tplementatJc, n of this project. Funds are available,, ITEM #8925' )n motion by Councilman Standing, seconded by Councilman McCoy, arid by recorded ~ote as follows: ryes Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., ~ice {ayor George R. Ferrell, Charx;:s W. Gardner, John. R. Griffin, Clarence ' '.olland, J. llenry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and 'loyd E. Waterfield, Jr. ays: None bs ent: None ity Council approved the low bid of Van de Reit Construction Company, Inc., in he amount of $60,232.00, for the Parliament Drive Area Sanitary Sewerage aci'litJes (Contract III-Pump Station); and further authorized the City Manager o execute the necessary agreements for the implementation of this project. ~nds are available. ITEM #8926 On motion, by Vice blayor Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence Ao Holland, $. tienry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. igaterfield, Jr. .__Nays: None ~bsent: None City Council approved the low' bid. of Luke Construction Company, Incorporated, in the amount of $56,700.00, for the Parliament Drive Area Sanitary Sewerage Facilities (Contract IV-Pump Station); and further authorized the City Manager t execute the necessary agreements for the implementation of this:, project. Funds are available. ITEM # 8927 Councilman McCoy stated that at the last Norfolk City Council meeting the Councilmen voted to rescind its proposed site for the Federal Postal Building. Councilman blcCoy requested the City Attorney to prepare a resolution requesting Mr. Benjamin F. Bailey, Post J~.laster General of the United States, requesting that the new Federal Postal. Building be constructed on a site near I~64 and Indian River Road. After considerable discussion, Councilman McCoy made a motion, seconded by Councilman Griffin, to adopt the following resolution requesting the Post Master General of the United State~,~ to have the new Fecieral Postal Bdilding constructed on a site near 1-64 and Indian River P. oad in Virginia Beach. The recorded vote is as follows: res: Councilmen John A, Baum, Robert H. Call.is, Jr., Robert ~ ~. Cromwell, Jr., ice 2,1ayor George R. Ferrell, Charles W. Gardner, John R. Griffi'n, Clarence A. iiolland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following resolution requesting the Post blas~er General of the United States to have the new Federal Postal Building constructed on a site near 1-64 and Indian River Road in Virgin. ia Beach: ITEM #8928 d.ayor Payne stated that the City Manager is meeting with the Navy to discuss :ne proposed Green Run site for the Navy housing; and also any problems,-such ts drainage, streets, sewerage, etc., that might arise. [ayor Payne also informed Council that Vice ~',Iayor Ferrell, and Counci4men Jr were also going to be present at the ohn A. Baum and J. Henry ,lcCoy, ., eeting. meeting is to be held on Friday, October 17, 1975, at 3:30 p.m., in the tnning Department Conference Room.