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276 Resolution re: Appointing viewers for vacation of Fendall Terrace Resolution re: Authorizing City Attorney to take action regarding FERC Opinion No. 77 Resolution re: Granting special permit for private recreational facility at Farrish and 8th Streets (Senior Center) Attorney: Addendum to contract dated January 9, 1980, between the Charlottesville Redevelopment and Housing Authority, H.M. Gleason & Company, !nc., and the City of Charlottesville related to the Garrett Street Redevelop- ment Project. A copy of such document shall be kept on file with the minutes of the meeting at which this resolution was adopted. 0n motion by Mr~ Buck, seconded by Mr. Albro, Council unanimously adopted the following resolution: WHEREAS this Council has received a petition requesting vacation of that. unopened portion of Fendall Terrace lying between Parcels 41 and 47 on City Real Property Tax Map 1; and WHEREAS it appears to Council that the notices required by Section 15.1~364 of the Code of ~irginia (1950), as amended, have been duly posted; now, therefore, be it RESOLVED by the Council of the City of Charlottesville that Messrs. W~J. Copeland, Harry T. Marshall and H.P. Winn report in writing to Council what inconveniences, if any, would result from such vacation. On motion by Mr. Albro, seconded by Mr, Gatewood, CQuncil unanimously adopted the f. ollowing resolution: WHEREAS ~thle Federal~Energy Regulatory Commission has issued Opinion No. 77 regarding the przclng of Appalachian natural gas extracted from wells drilled prior to the enactment of the Natural Gas Roticy Act of 1979; and WHEREAS such Opinion No. 77 allows the producers of such gas to charge unnecessarily high rates fOr such gas in violation of the intent of the Natural Gas Policy Act; and WHEREAS FERC Opinion No. 77 is presently being challenged in the United States Circuit Court of Appeals for the District of Columbia in Case No. 80-1465; and WHEREAS a number of municipal.gas distribution systems have expressed an interest to intervene in such court proceeding to protect the interest of their consumers, but the Cities of Richmond and Charlottesville, Virginia, are the only such gas distributors who are in a proper procedural posture to intervene as parties in such litigation; and WHEREAS the City of Richmond and the other municipal systems have agreed to share zn the cost of such intervention on a pro- rata basis; now, therefore, be it RESOLVED by the Council of the City of Charlottesville that the City AttOrney and the special counsel retained for this proceeding, William T. Miller, Esq., are hereby authorized and directed to take necessary measures to intervene in such pending litigation before the United States Court of Appeals for the District of Columbia, pursuant to Section 19 of the Natural Gas Policy Act. Council hereby authorizes the expenditure of funds appropriated in the Gas Fund, as may be needed for such purposes provided the City of Richmond and the other cities represented by Mr. Miller with regard to this proceeding agree to share in the cost of such intervention on a pro-rata basis. Council considered a recommendation by both the Planning Commission and the City Department of Planning and Community Development to grant a special permit to the .Charlottesville Senior Center for a private, recreational faCility to be built on property locatedc~at the corner of Farrish and 8th Streets. Mayor Brunton stated that due to a conflict of interests he would not preSide over this discussion nor participate or vote on the matter. Mr. Gatewood presided during this portion of the meeting. Mr. Huja, Director of Planning and Community Development, presented the recommendation of the Planning .Commission and his department, which is to approve the special permit with conditions relating to adquate parking, development according to an approved site plan, sidewalk maintenance and hours of operation. With the aid of several maps, Mr, Huja discussed the site plan and its