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SEPTEMBER 22, 1980 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR 1. HENRY M@COY JR.. D.D.S., K..P..iii. B.-.gb ViCE-MAYOR HAROLD HEISCHOBER. At L.,g. JOHN A. BAUM. BI-A..i., B.-gb F. REID ERVIN, At L-g. BARBARA M. HENLEY, P..g. B.@.gb CLARENCE A. HOLLAND. ALD., S.y@id. B.@.gh W. H. KITCHIN, Ill. Visi.i. B-lb B.--gb REBA S. M,CLANAN, P,i--. A.- B...gb DONALD W. MERRTCK, L,-b-.. B...gb MEYERA E. OBERNDORF. A, L.,g. 212 C17Y HALL BUILDING PATRICK L. STANDING. At L.,g. MUNICIPAL CENTER VIR(;INIA BEACH, VIRGINIA 23456 RUTH HODGES SMITH, City CIIIA (804) 427-4303 CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: 5:30 p.m. - September 22, 1980 A. CALL TO ORDER - KAYOR J. HENRY MCCOY, JR. B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFOR-MAL/EXECUTI- SESSION D. PRESENTATION/DISCUSSION OF PERTINENT @IATT@ 1. Matters for Discussion by Mayor 2. Matters for Discussion by Council 3. Proposed Pay Plan and Schedule: Briefing 4. Rudee Inlet Sand TraiD Dredging: Discussion of bids. 5. CZO Amendment Pertaining to Conservation of Forests: Discussion of amendment to Article 1, Section 1, which appears on the Formal agenda. 6. Amendinents to Article V-A and Section 2-57.1 of the City Code Pertaining to the Department of Fire Pro- tection: Discussion of I)roposed ordinances. ITEM II FORMAL SESSION: 7:00 1D.m. A. INVOCATION: Reverend Ral@h Horn C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of 15 September 1980 E. PRESENTATION 1. Tidewater AAA Presentation of Award for Excellence F. RESOLUTIONS 1. Resolution pertaining to the purchase of goods or merchandise from Council Members' families. 2. Resolution endorsing the medical facilities proposed for the Green Run - Plaza area. 3. Resolution supporting the Cleveland Amendment, Section 223 of HR 6417, which allows for a much more practical and useful provision of public transportation services to the handicapped. G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Resolution requesting officials of the Virginia Department bf Highways and Transportation to program construction of the improvements of Kempsville Road, Phase II, and, to establish them as high priority due to their urqent need. 2. Resolution authorizing the City Manager to execute a contract with Westview Building Corporation pertaining to a temporary encroachment into a 300-foot drainage easement. 3. Ordinance appointing Viewers for the petition of Robert W. Waddell and Grover C. Wright, Jr., Trustees of Virginia Beach Orthopedic Associates, Inc., Employees Profit Sharing Plan, for the closure of a portion of South Lynnhaven Road (Lynnhaven Borough). 4. ordinance appointinq Viewers for the petition of D. Murray Malbon for the closure of a portion of Jefferson Avenue (Lynnhaven Borough). 5. ordinance appointing Viewers for the petition of D. Murray Malbon for the closure of a portion of Wright's Right7,of- Way (Lynnhaven Borough). 6. Raffle Permit: FOP Ladies Auxiliary Princess Anne Lodge #8 Raffle 7. Request of the Commissioner of Revenue for license refunds in the amount of $100.00. 8. Reqtiest of the City Treasurer for tax refunds in the amount of $1,614.44. 9. Ordinance, on second reading, to provide an additional secre- tarial position in the City Clerk's Office. 10. Ordinance, on second reading, to accept $2,764,000 from the Department of Housing and Urban Development and to appropriate these funds for the Sixth Program Year of the City's Community Development Block Grant Program. H. PLANNING ITEMS 1. DEFERRED APPLICATIONS a. THIS MATTER WAS DEFERRED FOR ONE (11 WEEX UNTIL TODAY ON SEPTEMBER 15, 1980 Applica tion of Malcolm R. and Margaret L. Blanton for a change of zoning from AG-2 Agricultural District to B-2 Conmunity-Business District on a 1.40-acre parcel located at the northeast corner of Sandbridge Road and Banks Lane (Princess Anne Borough). 1. Letter from the City Manager transmits the recormendation of the Planning Commission for approval. 2. NEW APPLICATIONS a. Application of the City of Virginia Beach for the estab- lishment of an Historic and Cultural District on a .88-acre site located on the west side of South Witchduck Road, south of Amberly Road (Kempsville Borough). 1. Letter from the City Manager transmits the recormnendation of the Planning Commission for approval. b. Application of Brenda Kaye Hughes for a conditional use permit for a 24-hour child care center on a .34-acre parcel located at the northeast corner of Virginia Beach Boulevard and oceana Boulevard (Lynnhaven Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. C. Application of Frank T. Williams for variances to Sections 4.1(m) and 5.5(a) of the Subdivision Ordinance which requires minimum street pavement widths and curb and gutter. He wishes to subdivide an approximate 25.56-acre site, located on the north side of Flanagan's Lane, west of Sandbridge Road, into eight lots. The lots would average 3.19 acres in size. 1. Letter from the City Manager transmits the recommendatior of the Planning Commission for approval. d. Application of Aspen Building Corporation for the vacation of a five-foot pedestrian access easement along and adjacent to the rear and side block lines dedicated for the use of the homeowners of "Windsor Oaks West, Section 6." This site consists of the Halifax Townhouse Development located at the intersection of South Plaza Trail and Windsor oaks Boulevard (Yempsville Borough). This area is for mainte- nance and access. 1. Letter from the City Manager transmits the recommendatioi of the Planning Commission for approval. H. PLANNING ITEMS (continued) 3. STREET CLOSURES a. Petition of Joseph C. Webb, III, and Angela A. Webb, for the closure of a portion of Indian Run Road CLynnhaven Borough). This .281-acre parcel extends westward from its intersection with Graham Road and consists of a 50-foot unimproved right-of-way. 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. CZO AMENDMENTS a. Ordinance to amend and reordain Article 1, Section 101 of the Comprehensive Zoning Ordinance to include the conser- vation of forests within the purpose of the Ordinance. 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. I. ORDINANCES 1. CITY CODE AMENDMENTS a. Ordinance to amend and reordain Division 3 of Article III of Chapter 2 of the Code of the City of Virginia Beach, Virginia, relating to administration of the Basic Pay Plan. b. Ordinance to amend Section 33-9 of the Code of the City of Virginia Beach pertaining to interest when personal property taxes are not paid on time. C. Ordinance to amend Section 33-7.11 of the Code of the City of Virginia Beach pertaining to interest when service charge on tax exempt real estate is not paid on time. d. ordinance to amend Section 33-3 of the Code of the City of Virginia Beach pertaining to interest when real estate tax in not paid on time. e. Ordinance to amend and reordain Section 37-29(b)(2.1) of the Code of the City of Virginia Beach, Virginia, relating to water line fees for two or more residential dwelling units. f. Ordinance to amend and reordain Section 29-3(B)(2.1) of the Code of the City of Virginia Beach, Virginia, relating to sewer line fees for two or more residential dwelling units. g. Ordinance to amend and reordain Chapter 20, Division 5, Sections 20-104 through 20-111 of the Code of the City of Virgihia Beach, Virginia, pertaining to barbershops, beauty parlors, etc. ORDINANCES (continued) 2. BIDS a. Low bid of A & W Contractors, Inc. in the amount of $808,310.95, for the North Virginia Beach Sanitary Sewerage system and Water Line Contract, AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. J. OLD BUSINESS 1. Robert R. Lemon regarding Mail Box Lane. K. NEW BUSINESS L. ADJOURNMENT 1. Motion for adjournment M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 22 September 1980 The Regular Meeting of the Council of th6 City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., in the Conference Room, in the Administration Building, on Monday, 22 September 1980 at five-thirty o'clock in the evening. Council Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr. , Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None ITEM #15619 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, or employees of any public body. (Personnel Matters). 2. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the publ ic body. (Legal Matters). 2- Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting'. 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 3- M A T T E R S B Y C 0 U N C I L M E M B E R S ITEM #15620 Councilman Holland presented to Council a Resolution regarding the availability of optimal, cost-effective health care for the residents of the City of Virginia Beach, (Green Run-Plaza area). Councilman Holland requested the Resolution replace the one in the Council Agenda on the FORMAL SESSION, (Item II-F.2). At a meeting of the Council of the City of Virginia Beach, Virginia, held on the day of 1 980 , the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the availability of optimal, cost-effective health care for the residents of this City is of great importance; and, WHEREAS, local physician members of the Virginia Beach Medical Society are providing primary medical care in the Green Run area and actively developing expanded services for this growing Community; and, WHEREAS, the establishment of medical centers in Virginia Beach by interests primarily to refer patients away from the local facilities will inhibit the continued growth and development of our medical community; and, WHEREAS, continuity of care and cost containment are major goals in the delivery of primary health care. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council supports the Virginia Beach Medical Society in its efforts to provide optimal primary health care for Virginia Beach residents. BE IT FURTHER RESOLVED that the Council of the City of Virginia Beach is opposed to intrusion by interests which would retard development of the evolving medical care capabilities within the City of Virginia Beach. 4- ITEM #15621 Councilwoman Henley advised Council of a press release from the Department of Parks and Recreation indicating their willingness to hold "Town Hall" meetings, in the month of October, 1980. ITEM #15622 Councilman Ervin advised Council the Ordinances to amend and reordain Sections 37-29(b)(2.1), and 29-3(B)(2.1), relating to water and sewer line fees had been placed on the Agenda for Council action; however, due to some concern over the wording he requested they be DEFERRED for two (2) weeks, (October 6, 1980). ITEM #15623 Councilwoman Oberndorf made reference to a letter received in the For Your Information section of the Agenda regarding the parking problems on Lord Nelson Drive due to parishioners parking in yards, etc. The City Manager advised Council he will investigate this matter further. ITEM #15624 Councilman Standing discussed with Council the proposed Resolution pertaining to the purchase of goods or merchandise from Council Members' families. Councilwoman Oberndorf advised Council this Resolution would be POLICY only. ITEM #15625 Councilman Standing requested the City's Travel Policy be studied for possible changes. 5- I N F 0 R M A L A G E N D A ITEM #15626 The City Manager discussed with Council the difference between the proposed Pay Plan and Pay Schedule, and advised them the matter will be on the FORMAL AGENDA for Council action. ITEM #15627 The City Manager discussed with Council the bids received for the Rudee Inlet Sand Trap Dredging: Cottrell Engineering $295,000 Norfolk Dredging $302,000 ITEM #15628 The City Manager discussed with Council the amendments to Article 1, Section 1, pertaining to Conservation of Forests, and advised them the matter will be on the FORMAL AGENDA for Council action. i Robert J. Scott, Planning Director, appeared regarding this matter. ITEM #15629 The City Manager discussed with Council the amendments to Article V-A and Section 2-57.1 of the City Code pertaining to the Department of Fire Protection, and advised Council the Ordinances will be brought to Council for action at a later date. Chief Harry Diezel appeared concerning this matter. Council recessed into the EXECUTIVE SESSION (6:35 p.m.), for briefing prior to the FORMAL SESSION of City Council. - 6 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 22 September 1980 Seven O'Clock in the Evening Council Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None INVOCATION: Reverend Ralph Horn, Pastor, Blackwater Baptist Church. PLEDGE OF ALLEGIANCE M I N U T E S ITEM II-D.1 ITEM #15630 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to APPROVE the Minutes of the Regular Meeting of 15 September 1980. Voting 1 1 -0 7- Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -8- P R E S E N T A T I 0 N ITEM II-E.1 ITEM #15631 Mr. E. W. Timmons, Director of Public Affairs for the Tidewater Automobile Association, appeared before Council to introduce Ivan D. Mapp, a Director of the Tidewater Automobile Association, who will present the City with the American Automobile Association Award for Excellence. Mr. Mapp advised Council that the City won the Award after competing with 46 other Cities in the 200,000 to 500,000 population range. R E S 0 L U T I 0 N S ITEM II-F.1 ITEM #15632 Requested by: Council Member Meyera E. Oberndorf A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the Twenty-Second day of September, 1980. On motion by - , seconded by the following Resolution was adopted. A RESOLUTION PERTAINING TO THE PURCHASE OF GOODS OR MERCHANDISE FROM COUNCIL MEMBERS' FAMILIES WHEREAS, in the opinion of Council the purchase by the City of goods or merchandise from a Council Member's family may raise an inference of impropriety and may erode the public confidence and trust in City Government; and, WHEREAS, it is the desire of the Council of the City of Virginia Beach to restrict the purchase of goods or merchandise from Council Members in order to foster and maintain public confidence and trust in City Government. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That for the purposes of this Resolution "Council Member's family" shall mean collectively the mother, father, spouse, sisters, brothers and children of a member of the Council of the City of Virginia Beach. - 9- 2. That the Council pursuant to Section 3.05 of the Charter of the City of Virginia Beach does hereby establish the following policy with respect to the conduct and operation of.all Departments, Bureaus, Divisions, Boards, Commissions, Offices and Agencies of the City (hereinafter referred to collectively as the "City"). a. The City shall not purchase, lease or lease- purchase any goods or merchandise from any Council Member's family. b. The City shall not purchase, lease or lease- purchase any goods or merchandise from any firm, partnership or other business entity where any Counc il Member ' s f amily is in vol ved in the transaction as a salesperson, agent or other representative of such firm, partnership or other business entity, or where the transaction is otherwise negotiated or concluded by any Council Member's family. c. The City shall not purchase, lease or lease- purchase any goods or merchandise from any firm, partnership or other business entity in which any Council Member's family has a five percent (5%) or more ownership interest. 3. That the City Manager is directed to transmit a copy of this Resolution to the heads of all Departments, Bureaus, Divisions, Boards, Commissions, Offices and Agencies of the City. DENIED: 22 September 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 980. Councilwoman Oberndorf made a motion, seconded by Councilwoman Henley, to ADOPT the Resolution that was drafted by the City Attorney's Off ice pertaining to the purchase of goods or merchandise from Council Members' families. Vice Mayor Heischober offered a SUBSTITUTE MOTION, seconded by Councilman Standing, to DENY the Resolution pertaining to the purchase of goods or merchandise from Council Members' families. The City Attorney advised Vice Mayor Heischober a SUBSTITUTE MOTION was not needed as the main motion was for APPROVAL of the Resolution. -10 - Vice Mayor Heischober WITHDREW his SUBSTITUTE MOTION. Voting 2- 8 Council Members Voting Aye: Barbara M. Henley, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Vice Mayor J. Henry McCoy, Jr., and Patrick L. Standing Council Members Abstaining: Donald W. Merrick Council Members Absent: None ITEM II-F.2 ITEM #15633 COUNCILMAN STANDING LEFT COUNCIL CHAMBERS At a meeting of the Council of the City of Virginia Beach, Virginia, held on the day of 1980, the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the availabil ity of optimal , cost-effective health care for the residents of this City is of great importance; and, WHEREAS, local physician members of the Virginia Beach Medical Society are providing primary medical care in the Green Run area and actively developing expanded services for this growing Community; and, WHEREAS, the establishment of medical centers in Virginia Beach by interests primarily to refer patients away from the local facil ities will inhibit the continued growth and development of our medical community; and, WHEREAS, continuity of care and cost containment ar e maj.or goals in the del ivery of primary health care. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council supports the Virginia Beach Medical Society in its efforts to provide optimal primary health care for Virginia Beach residents. BE IT FURTHER RESOLVED that the Council of the City of Virginia Beach is opposed to intrusion by interests which would retard development of the evolving medical care capabilities within the City of Virginia Beach. Mrs. Vivian Hitchcock appeared in opposition to the Resolution Upon motion by Councilman Holland, seconded by Mayor McCoy, City Council voted to ADOPT the substitute Resolution endorsing the medical facilities proposed for the Green Run-Plaza area ; and, advised the citizens that the City is not supporting one group or another, but are supporting the concept. of medical care, which would be optimal to the citizens of Virginia Beach. Voting 1 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 1 3- ITEM II-F.3 ITEM #15634 At a meeting of the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of September, 1980, the following Resolution was ad@pted. R E S 0 L U T I 0 N WHEREAS, the House of Representatives of the Congress of the United States will soon consider a Bill, House Resolution 6417, referred to as the Federal Publ ic Transportation Act of 1 980 ; and , WHEREAS, the Cleveland Amendment, Section 223 of House Resolution 6417, would allow for a more practical and effective provision of public transportation to the handicapped than the current requirement; and, WHEREAS, the Tidewater Transportation District Commission has unanimously endorsed the Cleveland Amendment to this legislation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the Council of the City of Virginia Beach strongly supports this amendment and hereby requests that the Congress of the United States adopt said House Resolution 6417. BE IT FURTHER RESOLVED that the City Clerk is requested to forward a copy of this Resolution to each member of Congress representing the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of September, 1980. Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to ADOPT the Resolution supporting House Resolution 6417 referred to as the Federal Transportation Act of 1980. AND, requested the City Clerk to forward a copy of this Resolution to each member of Congress representing the City of Virginia Beach. -1 4- Voting 1 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - i -5- C 0 N S E N T A G E N D A ITEM II-G ITEM #15635 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council agreed to separate Item II-G.9 from the CONSENT AGENDA. Voting : I 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -1 6 - The remaining items listed as the Consent Agenda were considered and enacted by ONE MOTION: ITEM II-G.1 ITEM #15636 R E S 0 L U T I 0 N WHEREAS, the Virginia Department of Highways and Transportation has indicated its willingness to initiate the improvement of Kempsville Road, Phase II, in the City of Virginia Beach; and, WHEREAS, the contemplated improvement is urgently needed and is in consonance with the Southeastern Regional Master Transportation P I a n . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT, the Virginia Department of Highways and Transportation is hereby requested to program the construction of the improvement of Kempsville Road, Phase II, from 0.283 miles, South of Indian River Road, to 0.218 miles, Southwest of Centerville Turnpike, including its intersection with and transitions along Centerville Turnpike (approximately 0.24 miles each direction). AND, that such programming and construction be established as a priority for the expedient accomplishment of this urgently needed highway improvement in Virginia Beach. BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby agree to pay five percent (5%)of the construction cost of said project, five percent (5%) of the utility relocation costs and adjust- ment of said project, according to Highway Department Policy, and one hundred percent (100%) of the engineering design, and right-of-way acquisition cost, and the necessary funds will be appropriated for these purposes. The Highway Department will provide the required State Environmental Impact Statement for the project. AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees that if such project is established and Virginia Beach decides at any time not to proceed further with it then, by this Resolution, Virginia Beach agrees to reimburse the Highway Department for one hundred percent (100%) of the cost incurred for said project, up to the time of its abandonment. -17@ Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the Resolution requesting officials of the Virginia Department of Highways and Transportation to program construction of the improve- ments of Kempsville Road, Phase II; and, to establish them as high priority due to their urgent need. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 9/22/80 -1 8 ITEM II-G.2 ITEM #15637 At a Regular Meeting of the Council of the City of Virginia Beach, Virginia, duly called and held in the Council Chambers of the Administration Building, on the Twenty-Second day of September, 1980, the following Resolution was adopted: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WESTVIEW BUILDING CORPORATION PERTAINING TO A TEMPORARY ENCROACHMENT INTO A 300 FOOT DRAINAGE EASEMENT WHEREAS, Westview Building Corporation is the fee simple owner of property and appurtenances thereon, in the Princess Anne Borough, of the City of Virginia Beach, Virginia, commonly known as Cardinal Estates, Sections 1 and 2, and more particularly described by deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1987, at Page 395; a n d , WHEREAS, there exists a 300-foot drainage easement dedicated to the City of Virginia Beach for drainage purposes, 150 feet of which is located on the property of Westview Building Corporation; and, WHEREAS, Westview Building Corporation, its heirs, successors and assigns have agreed to remove all structures or appendages encroach- ing on the hereinabove described easement within thirty (30) days after receipt of written notice given by the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute an agreement with Westview Building Corporation allowing said Corporation to keep existing encroachments within the City drainage easement and requiring Westview Building Corporation to remove same within thirty (30) days written notice by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of September, 1980. - 19- Upon motion by Counc il man Baum, seconded by Council man Hol land, City Council voted to uphold the recommendation of the City Manager and APPROVE the Resolution authorizing the City Manager to execute a contract with Westview Building Corporation pertaining to a temporary encroachment into a 300-foot drainage easement. Voting : 1 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 20 - ITEM II-G.3 ITEM #15638 ORDINANCE APPOINTING VIEWERS WHEREAS, Robert W. Waddell and Grover C. Wright, Jr., Trustees of Virginia Beach Orthopedic Associates, Inc., Employees Profit Sharing Plan, have given due and proper notice in accord with law that they would, on the Twenty-Second day of September -, 1980, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described portion of South Lynnhaven Road at its intersection with Lee Highlands Boulevard, in the Lynnhaven Borough, in the City of Virginia Beach, Virginia, and to report in writing to this Council whether, in the opinion of said Viewers any, and if any, what inconvenience would result from the discontinuance, closure and abandonment of said portion of South Lynnhaven Road; and, WHEREAS, such application has been properly filed with this Council; and, WHEREAS, all requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that C. Oral Lambert, David M. Grochmal, and Robert J. Scott, be, and each of them is hereby appointed to view that portion of South Lynnhaven Road at its intersection with Lee Highlands Boulevard, adjacent to Parcel A as shown on that certain plat entitled: "Preliminary Plat Showing a Portion of the Existing Right-of-Way, South Lynnhaven Road, Adjacent to Parcel A, Replat of Corrected Replat of Lots 61-70, Inclusive, Princess Anne Plaza, Section 21, to be Closed and Vacated by the City of Virginia Beach, Virginia, Lynnhaven Borough, Virginia Beach, Virginia", dated July 28, 1980, made by Rouse-Sirine Associates, Ltd., Surveyors-Engineers, Virginia Beach, Virginia. Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance appointing Viewers for the petition of Robert W. Waddell and Grover C. Wright, Jr., Trustees of Virginia Beach Orthoped ic As soc iate s , Inc . , Empl oyees Profit Sharin g Plan, for the closure of a portion of South Lynnhaven Road, in the Lynnhaven Borough. Voting I 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -22 - ITEM II-G.4 ITEM #15639 ORDINANCE APPOINTING VIEWERS WHEREAS, D. Murray Malbon has given due and proper notice, in accordance with the Statutes of s,ich cases made and provided that they wiII on the Twen ty-Secon d day of Sep tember, 1 980 , apply to the City Council of the City of Virginia Beach, Virginia, for the appointmerit of Viewers, to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with the Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT, C. Oral Lambert, David M. Grochmal, and Robert J. Scott, are hereby appointed to view the below-described property and report in writing to the Council on or before October 27, 1980, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point where the Easterly side of Jefferson Avenue as shown on a plat entitled "Virginia Beach Annex No. 2", which plat is re- corded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Map Book 3, at Page 24, intersects with the Southerly side of 19th Street; thence South 83 degrees 26' 11" West 21.90 feet along the Southerly side of 19th Street; thence South 8 degrees 5' 21" West 72.29 feet; thence South 6 degrees 24' 39" East 329.20 feet; thence North 83 degrees 35' 21" East 9.35 feet; thence along curve to the right (radius: 420 feet), 41.35 feet; thence along a curve right (radius: 420 feet), 24.40 feet; thence North 14 degrees 40' 16" West 33.05 feet; thence North 6 degrees 24' 39" West 21 8.04 feet to the point of beginning. All the above as shown upon that certain plat entitled, "Closure of Wright's Right-of-Way and a portion of Jefferson Avenue, and a resubdivision of unnumbered Lot and Lot 2, Virginia Beach Annex, No. 2 (Map Book 13, Page 24), and Sections A, B, C, and D, A Division of Albert Wright's Estate (Map Book 13, Page 2), Vacated Wright's Right-of-Way (Map Book 13, Page 2), and Portion of Vacated Jefferson Avenue (Map Book 13, Page 24), Lynnhaven Borough, Virginia Beach, Virginia," which plat is attached hereto and made a part hereof and inten-ded to be recorded with the Ordinance closing the aforedescribed street. - 23- Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance appointing Viewers for the petition of D. Murray Malbon for the closure of a portion of Jefferson Avenue, in the Lynnhaven Borough. Voting 1 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 24- ITEM II-G.5 ITEM #15640 ORDINANCE APPOINTING VIEWERS WHEREAS, D. Murray Malbon has given due and proper notice, in accordance with the Statutes for such cases made and provided that they will on the Twenty-Second, day of September, 1980, apply to the City Council of the City of Virginia Beach, Virginia, for the appoint- ment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described certain street, and has filed such application with said Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT, C. Oral Lambert, David M. Grochmal, and Robert J. Scott, are hereby appointed to view the below-described property and report in writing to the Council on or before October 27, 1980, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating that certain street located in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at a point designated as the Northeastern corner of Section A as shown in a plat entitled "A Division of Albert Wright's Estate", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at Page 2; thence South 7 degrees 3' 48" West 299.85 feet; thence North 84 degrees 38' 48" East 2.62 feet; thence 8 degrees 5' 21" East 301.14 feet; thence South 84 degrees 19' 4" West 8.15 feet to the point of beginning. The said Wright's Right-of-Way is erroneously shown on the aforesaid plat as a 15-foot right-of-way when in fact it is 299.85 feet by 2.62 feet by 301.13 feet by 8.15 feet. All the above as shown upon that certain plat entitled, "Closure of Wright's Right-of-Way and a portion of Jefferson Avenue, and a resubdivision of unnumbered Lot and Lot 2, Virginia Beach Annex No. 2 (Map Book 13, Page 24), and Sections A, B, C, and D, A Division of Albert Wright's Estate (Map Book 13, Page 2), Vacated Wright's Right-of-Way (Map Book 13, Page 2), and Portion of Vacated Jefferson Avenue (Map Book 3, Page 24), Lynnhaven Borough, Virginia Beach, Virginia," which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. Upon motion by Coun c il man Baum , seconded by Coun c il man Hol 1 and , C ity Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance appointing Viewers for the petition of D. Murray Malbon for the closure of a portion of Wright's Right-of-Way, in the Lynnhaven Borough. Voting : 1 0- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Stan@ing -26 - ITEM II-G.6 ITEM #15641 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the Raffle Permit for FOP Ladies Auxiliary Princess Anne Lodge #8. Voting : 1 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 27- ITEM II-G.7 ITEM #15642 Upon motion by Councilman Baum, seconded t)-y Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the Commissioner of the Revenue for license refunds in the amount of $100.00. Voting: 1 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 28- AN ORDINANCE AUTHORIZIIIG LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF TliE REVENUE BE.IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE NAME YEAR PAID BASE PENALTY INT. TOTAL David W. Hurst 1980 7/3 0/8 0 $3 1. 2 5 3 1. 2 5 Box 239 Hayes, Va. 23072 License Revoked by Zoning croteau, John 1980 6/6/80 25.00 2 5. 00 110 S. Fir Ave. Va..Beach, Va. 23452 License Revok ed by Zoning Cubilla, John R. 1980 7/28/80 43.75 43.75 5401 Challedon Drive Va. Beach, Va. 23462 License Revoked by Zorilmq, -ified t: van D. Commissioner of Reveiiu(-@ Approved as to form: -711,llfo -]Yale Brimsbn ity Attorney The above abatement(s) totaling $ 100-00 -Were approved by the council of the City of Virginia Beach on the,4@ day of 1 9 u Hodgs it City Clerk @9- ITEM II-G.8 ITEM #15643 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the City Treasurer for tax refunds in the amount of $1,614.44. Voting I 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice M@yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing M NO. C. A. 7 -30 - 9/8/80 Ef,.0 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid Dickenson, William N. 79 pp 115565 12/5/79 1,575.30,/ Vance, Carl 80 pp 96395 8/13/80 22.64/ Picciano, Ronald E. 80 Pkng 59792 8/4/80 3.00@ Nogavich, R. A. 80 CD 135891 8/22/80 7.50@ Ciesielski, Bret A. 80 Pkng 35052 7/21/80 6.00@ Total 1,614.44 This ordinance shall be effective from date of adoption. Th b o@ abatement(s) totaling were approved by the Council of the City of V)rginia Beach on the@day of Approv@ as to form/9 Ruth Hodges Smith City Clerk - 31- ITEM II-G.10 ITEM #15644 AN O@DINANCE TO ACCEPT $2,764,000 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO APPROPRIATE THESE FUNDS WHEREAS, the Department of Housing and Urban Development (HUD) has approved the funding for activities in the Sixth Program Year of the City's Community Development Block Grant (CDBG): AND, WHEREAS, the City wishes to accept this funding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the funds for the City. That these funds be hereby appropriated for the following purposes: Total Appropriations CDBG Sixth Program Year Activities $2,764,000 That the appropriations be financed 100% by federal funds from HUD, with no local match required. That a total of twenty-two permanent positions be authorized for the duration of the Grant, to be paid from the Grant, with classes of employees to be determined by the City Manager. That this Community Development Block Grant (CDBG), appropriation may be transferred between activities, within the limits established by HUD, upon approval of the City Manager. FIRST READING: 15 September 1980 SECOND READING: 22 September 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of September 1980. - 31 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance on SECOND READING to accept $2,764,000 from the Department of Housing and Urban Development and to appropriate these funds for the Sixth Program Year of the City's Community Development Block Grant Program. Voting : 1 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 3.3. ITEM II-G.9 ITEM #15645 AN ORDINANCE TO PROVIDE AN ADDITIONAL SECRETARIAL POSITION IN THE CITY CLERK'S OFFICE WHEREAS, additional responsibilities have been placed upon the City Clerk's office in relation to the efficient maintenance of records; and, WHEREAS, there is a need for one additional secretarial position in order to effectively handle the increased workload; and, WHEREAS, the funding needed to create an additional secretarial position including fringe benefit costs for the 1981 fiscal year is $ 9 , 61 0 . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds of $9,610 be appropriated from the General Fund Balance in order to create an additional secretarial position in the City Clerk's office. Adopted by the Council of the City of Virginia Beach, Virginia, on the - 22nd day of September 1980. FIRST READING: 15 September 1980 SECOND READING: 22 September 1980 Th is Ordin an ce shal 1 be effecti ve from date of adoption. - @ 3,4- Upon motion by Councilman Baum, seconded by Councilman Ervin, City Council voted to APPROVE on SECOND READING the Ordinance to provide an additional secretarial position in the City Clerk's Office, in the amount of $9,610. Voting: 8- 2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: Patrick L. Standing 35- P L A N N I N G A G E N D A ITEM II-H.l.a ITEM #15646 Mrs. Margaret Blanton appeared in behalf of the application. Upon motion by Councilman Baum, seconded by Vice Mayor Heischober, City Council voted to APPROVE WITHDRAWAL of the application of MALCOLM R. AND MARGARET L. BLANTON for a Cha ng@ of Z.ning District Classification, as per the following; AND, REFUND OF TH E $20U.UU fee, and the drawing of a Resolution detailing specific plans of the application. Ordinance upon application of Malcolm R. and Margaret L. Blanton for a Change of Zoning District Classifi- cation from AG-2 Agricultural District to B-2 Community- Business District on certain property located at the Northeast corner of Sandbridge Road and Banks Lane, running a distance of 262 feet along the North side of Sandbridge Road, running a distance of 280 feet along the Eastern property line, running a distance of 182 feet along the Northern property line and running a distance of 273.50 feet along the East side of Banks Lane. Said parcel contains 1.40 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: (for withdrawal) John A. Bawn, F. Reid Ervin, Vic6 Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 36- ITEM II-H.2.a ITEM #15647 Upon motion by Councilwoman Oberndorf , seconded by Councilwoman Henley, City Council voted to uphold the recommendations of the Planning Commission and APPROVE the application of the CITY OF VIRGINIA BEACH for the establishment of an HISTORIC AND CULTURAL DISTRICT, as per the following: ORDINANCE BY RESOLUTION OF THE COUNCIL OF THE Z0980526 CITY OF VIRGINIA BEACH TO ESTABLISH AN HISTORIC AND CULTURAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance by Resolution of the Council of the City of Virginia Beach to establish an Historic and Cultural District on certain property located on the West side of South Witchduck Road beginning at a point 247.11 feet South of Amberly Road, running a distance of 171.76 feet along the West side of South Witchduck Road, running a distance of 166.69 feet in a Northwesterly direction, running a distance 144.29 feet in a Southwesterly direction, running a distance of 138.40 feet in a Northwesterly direction, running a distance of 251.95 feet more or less along the Northern property line and running a distance of 98 feet more or less in a Southeasterly direction. Said parcel contains .88 acre. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -.3 7- ITEM II-H.2.b ITEM #15648 Mrs. Kate S. Jennette appeared in opposition. Lieutenant Commander Sam Jackson appeared in opposition. Upon motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to uphold the recommendations of the Planning Commission and DENY the application of BRENDA KAYE HUGHES for a Conditional Use Permit, as per the following: Ordinance upon application of Brenda Kay Hughes for a Conditional Use Permit for a 24-hour child care center on certain property located at the Northeast corner of Virginia Beach Boulevard and Oceana Boulevard, running a distance of 100 feet along the North side of Virginia Beach Boulevard, running a distance of 150 feet along the Eastern property line, running a distance of 100 feet along the Northern property line and running a distance of 150 feet along the East side of Oceana Boulevard. Said parcel contains .34 acre. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -3 8 ITEM II-H.2.c ITEM #15649 Mr. Bruce Gallop, Engineer on the project, appeared in behalf of the applicant. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council voted to uphold the recommendations of the Planning Commission and APPROVE the request of FRANK T. WILLIAMS for variances as per the following; subject to the condition as outlined in the City Manager's letter: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Frank T. Williams. Property located on the North side of Flanagan's Lane, 1100 feet more or less West of Sandbridge Road. Plats with more detailed inforffetion are available in the Department of Planning. The applicant requests variances to Sections 4.1(m) and 5.5(a) of the Subdivision Ordinance which requires minimum street pavement widths and curb and gutter. The applicant wishes to subdivide an approxiniate 25.56 acre site, located on the North side of Flanagan's Lane, 1,100 feet West of Sandbridge Road, into eight (8) lots. The lots would average 3.19 acres in size. Approval is subject to the following condition: 1. The minimum street pavement width will be required. Voting 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absen't: Patrick L. Standing 39- 261 47 BOOK 2061 PAGE 117 ITEM II-H.2.d ITEM #15650 Attorney J. James BasgiLer, Jr., appeared in behalf of the applicant Upon motion by Councilman Baum, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the request of ASPEN BUILDING CORPORATION for the vacation of a five-foot pedestrian access easement, as per the following: Ordi.nance uom application of Aspen Building Corporation for the vacatim of a five-foot pedestrian access eas@t along and adjacent to the rear and side block lines dedicated for the use of the @rs of 'Windsor Oaks West, Section 6" and not for the use of the general public. The aforesaid area is for maintenance and access. More detailed info=iation is available in the Depar@t of Plarming. KWSVI= BOROUGH. Voting: 10-0 Council Members Voting Aye: Jobn A. Baum, F. Reid Ervin, Vice @or liarold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry @Coy, Jr., Donald W. @ick, and Meyera E. Oberndcyrf Council Members Voting Nay: Ncne Council Members Absent: Patrick L. Standing -40 Book 2060 Page 557 S T R E E T C L 0 S U R E S ITEM II-H.3.a ITEM #15651 ORDINANCE NO. AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF INDIAN RUN ROAD IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice that Joseph C. Webb, III, would make appl ication to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter street or lane closed, vacated and discontinued was duly posted; and, WHEREAS, application was made to the City Planning Commission 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 inconvenience to the public or to private individuals would result from such closing, vacating and discontinuing; and, WHEREAS, it is the judgment of the Council that the said street or lane should be closed, vacated and discontinued. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the said street or lane described below located in the Lynnhaven Borough of the City of Virginia Beach, Virginia, is hereby closed, vacated and discontinued, said street or lane not being needed for public use: A portion of Indian Run Road as shown on a plat entitled, "Subdivision of Woodhurst, Princess Anne County, Virginia, January, 1955" made by Frank D. Tarrall, Jr., and Associates, Surveyors and Engineers, Norfolk, Virginia, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 39, at Page 21, and being more particularly described as follows: Beginning at a point imrked by a pin at the Northwest corner of the intersection of Indian Run Road and Graham Road (formerly Linkhorn Road); thence in a Westerly direction along Indian Run Road for a distance of 105.98 feet to a point; thence further Westerly along Indian Run Road for a distance of 140.10 feet to a pin; thence in a Southerly direction for a distance of 50.14 feet to a pin on the opposite side of Indian Run Road; thence in an Easterly direction for a distance of 143.79 feet to a pin on the South side of Indian Run Road; thence continuing along Indian Run Road in an Easterly direction for a distance of 99.88 feet to a pin; thence in a Northeasterly direction for a distance of 50.00 feet to the opposite side of Indian Run Road to a pin which was the point of beginning, a copy of said plat having been filed with the Application for Street Closure at the Planning Department, Municipal Center, City of Virginia Beach, Virginia. - 41- Subject to an easement for the City of Virginia Beach for drainage over the Westernmost thirty (30) feet of the premises to be closed. The foregoing street closure shall have no effect on the existence of, or the rights of the City of Virginia Beach in, a drainage easement over the Westernmost thirty (30) feet of the premises to be closed. This Ordinance shall be effective upon the date of passage, and a copy of this Ordinance, certified by the Clerk, shall be spread upon the public records in the Clerk's Office of the Circuit Court of the City of Virginia Beach and indexed in a like manner as a deed of land, in the name of the City of Virginia Beach, as Grantor, and Joseph C. Webb, III, and Angela A. Webb, husband and wife, and Gussie Lee Carnahan, widow, as Grantees. Adopted by the Council of the City of Virginia Beach, Virginia, on tho Twenty-Second day of September, 1980. Upon motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to uphold the recommendations of the Planning Commission and APPROVE the petition of Joseph C. Webb, III, and Angela A. Webb, for the closure of a portion of Indian Run Road, in the Lynnhaven Borough; subject to the following condition: This street closure is subject to the applicant providing the City, at no cost, a deed of easement for water, sewer and drainage purposes, over the subject property. Voting: 9-1 -42 - Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: Reba S. McClanan Council Members Absent: Patrick L. Standing 4j- C 0 M P R E H E N S I V E Z 0 N I N G 0 R D I N A N C E ITEM II-H.4.a ITEM #15652 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 101 OF THE COMPREHENSIVE ZONING ORDINANCE TO INCLUDE THE CONSERVATION OF FORESTS WITHIN THE PU SE THE ORDIN N E BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 101, Lgislative Intent, of the C.Z.O. is amended and reordained as follows: 101. Legislative Intent. This Ordinance is enatted to promote and protect the health, safety and general welfare of the people of the City. It is the intention of the City Council that the provisions of this Ordinance will implement the purpose and intent of the Development Plan of the City by encouraging the most desirable use of the land for residential, recreational, agricultural, forestal, commercial, industrial, conservation, public service, flood plain, drainage, and other purposes, and the most desirable density of population in the several parts of the City, and by encouraging the most appropriate use and occupancy of buildings, and by promoting good civic design and arrangement. The provisions of this Ordinance provide reasonable standards with respect to the location, height, bulk, size of buildings and other structures, yard areas, courts, off-street parking facilities and other open spaces, density of population, and the use of buildings, structures, and land for trade, industry, business, residence, or other purposes. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of September, 1980. This Ordinance shall be effective from date of adoption. - 44- Upon motion by Councilman Ervin, seconded by Councilman Baum, City Council voted to uphold the recommendations of the Planning Commission and APPROVE the Ordinance to amend and reordain Article 1, Section 101 of the Comprehensive Zoning Ordinance to include the Conservation of Forests within the purpose of the Ordinance. Voting: 1 0 -0 Council Members Voting Aye: John A. Baum, *F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing *COUNCILMAN ERVIN VOICED A "VERBAL" AYE. 4 5- C I T Y C 0 D E A M E N D M E N T S ITEM II-I.I.a ITEM #15653 Requested by: City Manager/Director of Personnel AN ORDINANCE TO AMEND AND REORDAIN DIVISION 3 OF ARTICLE III OF CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO ADMINISTRATION OF THE BASIC PAY PLAN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Division 3, of Article III, of Chapter 2, of the Code of the City of Virginia Beach, Virginia, is amended and reordained as follows: DIVISION 3 ADMINISTRATION OF BASIC PAY PLAN Section 2-33. Definitions. For the purposes of this Division, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them in this Section: (a) Permanent employee. A pernianent employee shall be defined as a City employee who is to be employed in a position for an indefinite period of .time and who has completed the required probationary period as provided in Section 2-35. (b) Probational employee. A probational employee shall be defined as a City employee who is employed in a position for an indefinite time period and who has not as yet completed the required probationary period as provided in Section 2-35. (c) Temporary employee. A temporary employee shall be defined as a City employee who is employed in a position in which the length of employment is fixed. (d) Part-time employee. A part-time employee shall be defined as a City employee who is scheduled to actually work less than 35 hours per consecutive work week. (e) Full-time employee. A full-time employee shall be defined as a City employee who is scheduled to actually work 35 hours or more per consecutive work week. (f) Class. A grouping of jobs having similar duties and responsibilities, requiring similar knowledges, skills and abilities and deronding similar qualifications so that they may be appropriately titled, described and compensated the same. (g) Range. The minimum through maximum and career salary levels assigned to a class. 9/22/80 -46- Section 2-34. Employment with the City. (a) Original employrwnt shall be the status of an employee's initial period of continuous employment with the City of Virginia Beach. An individual beginning employment for the first time shall usually be placed at the first step of the pay range established for the Class in which employed. Occasionally, however, based on a new employee's prior experience and proficiency in the same or related capacity, placement may be accelerated up to and including the (E) step of the assigned range upon recommendation by the employing authority and approval of the Director of Personnel. The effective date of original employment shall be the first day of the probationary period. (b) Re-employment shall be the status of the returning employee's employment period following a separation from City employment of more than thirty (30) consecutive calendar days from the date of separation. A new anniversary date shall be effective six (6) months from the first day of the pay period following the return to service. Such anniversary date shall be the basis for computation of all merit increases and other salary adjustments. A returning employee who is re-employed shall be usually placed at the (A) step of the position's approved pay range. Occasionally, however, based on the returning employee's prior proficiency and experience in the same or related capacity, an acceleration of up to and including the (E) step of the assigned range my be made upon recommendation by the employing authority and approval of the Director of Personnel. All tirm earned in previous employment shall not be counted towards the probationary period, annual leave, service awards, or other longevity based employment conditions or benefits. Rather, only that time earned following actual re-employment shall be counted. (c) Reinstatement shall be the status of the returning employee's employmnt period following a return to duty with the merit service of the City within thirty (30) consecutive calendar days from the date of separation from the merit service. The appropriate pay step within the approved range of the Class and anniversary date for all reinstated employees shall be determined by the Director of Personnel. All time earned previous to reinstatenient shall be counted towards the probationary period, annual leave, service awards, etc. However, the actual time missed prior to reinstatement shall be discounted from actual annual leave accrual to the nearest pay period. Section 2-35. Probation. The probationary period for employees shall be the initial six (6) calendar months (twelve (12) calendar months for sworn police, fire and grant personnel), of employment following an original employnient or re-employment. Section 2-36. Changes in Employees Pay. (a) An Administrative Increase shall be a two (2) step increase within the pay range of a Class that is awarded to an employee displaying exceptionally outstanding meritorious service. Employees uey be recommended for an administrative -,4 7- increase upon submission of a letter of justification by the respective department head to the Director of Personnel , subject to the approval of the City Manager. An Administrative Increase dbes not affect the employee's anniversary date and shall only be awarded to full-time perrmnent employees. (b) Merit Increase shall be an increase of two (2) steps within the pay range of a Class that is awarded to an employee upon successive completion of the probationary period and for each year of successful job perforniance thereafter until the niaximum step of the salary range is reached. Merit increases may become effective on or after the employee's anniversary date. This increase is not automatically awarded, but is given based on job performance. Should a merit increase be delayed, the employee's anniversary date of eligibility for the next merit increase shall be amended to one (1) year from the date the merit increase finally became effective. Merit increases shall only be awarded to full-time permanent employees. (c) An Administrative Decrease shall be defined as a two (2) step reduction within the pay range of a Class as disciplinary action from the result of unsatisfactory job perforrflance or misconduct. An Administrative Decrease requires a letter of justification submitted by the respective department head to the Director of Personnel and subject to the approval of the City Manager. Anniversary dates are not affected by an administrative decrease, except when such adjustment involves a career step. (d) Career Steps. In addition to the eleven (11) regular (A) through (K) steps, each pay range shall have two additional career steps, (L) and (M). After three (3) years of successful service at the top regular (K) step of the Class to which a position has been assigned, an employee shall become eligible for consideration for the first career (L) step. After three (3) years of successful service at the (L) step, an employee shall become eligible for consideration for the second career (M) step. In all cases, employees must first satisfy the time requirements established before becoming eligible for advancement to the LL) or (M) steps except when an administrative increase is involved. A career increase shall be considered a merit increase transaction when actually awarded and Personnel Transaction Request Form so noted. At no time shall employees be promoted into a career step, in the new position, higher than the career step the employee had attained in the former position. (e) A General Increase shall be an increase to a higher pay range for all classes of employees simultaneously. This shall be recomended by the City Manager and approved by the City Council. General increases are not dependent on an employee's individual performance within a job class, but rather take effect as cost of living adjustments. Section 2-37. Changes in Class. (a) A promotion shall be an advancement by a full-time perronent or probational employee to a higher pay range granted to an employee in conjunction with "increased job duties and responsibilities". When employees are promoted, their salary shall be increased to a minimum step for that Class (A Step) or four (4) pay increments above their present range and step, whichever is greater. However, such an increase shall not place the employee at a pay step in the range of the new position higher than the pay step held in the range of the former position. The effective date of all prormtions shall be the first day of the pay period. Employees who are promoted on their anniversary date and are eligible for a Merit Increase rnay receive a six (6) 48- step pay increment increase over their former salary level, provided such an increase shall not place the employee at a pay step in the range of the new position more than two steps higher than the step in the range of the former position. (b) A Demotion shall be a reduction in the pay range of a full-time pernenent or probational employee in conjunction with a change in job duties and responsibilities. When an employee is reduced to a lower pay range, the step within that new pay range shall be determined by the Director of Personnel. If the demotion is of a voluntary nature, made at the request of the employee, then the anniversary date of eligibility for merit increases shall not be adjusted unless the demotion involves assignn*nt to a different Department, Division, or Bureau; in which case, the appropriate anniversary date shall be determined by the Director of Personnel. (c) A reclassification shall be a reassignment of the appropriate job title, pay range, and step to an employee whose classification does not accurately reflect the actual duties performed. When such position cannot accurately be described or compensated by assignment to an existing class, the Director of Personnel shall establish a new class with appropriate range and title subject to the approval of the City Manager. The Director of Personnel shall determine an appropriate pay step and anniversary date based on the employee's longevity in the work of the class to which reclassified. 1. Whenever any employment position with the City is reclassified to a different class having a lower pay range, all employees employed in the reclassified position at the time of reclassification shall continue to be compensated at the rate received at that tirm; notwithstanding that in some cases such amount may be greater than the highest step of the range of the new classification. 2. Such reclassified employees shall continue to receive all future general salary increases. 3. Payment of compensation to reclassified employees, which is rode pursuant to paragraphs (c) (1) and (c) (2) above and which rmy exceed the highest siep of the reclassified range for such employee, shall not be deelmd a promotion. Section 2-38. Transfers. (a) Transfer Within Department - A transfer from one payroll bureau code to another within the same department shall be considered a transfer within department. (b) Transfer Between Departments - A transfer of an employee from one department budget code to another shall be considered a transfer between departments. If a transfer between departments involves a promotion or demotion, the rules of the appropriate action shall apply. When employees transfer between departments to the same class of position no change of status or anniversary date occurs. Section 2-39. Terminations. (a) Resignation shall be a voluntary separation from employment through written notification to the employing authority initiated by the employee. 4Q (b) Completion of Temporary Employrmnt shall be the separation from employment of a temporary employee who has worked through the last workday the temporary position is available. Employees separatirig prior to the last workday shall be governed by the appropriate separation action. (c) Retirement shall be the separation of a full-time employee who is scheduled to begin receiving retireffent benefits from the State and/or Federal Agencies. Retirement from full-time service with the City is rondatory at age 70 for all employees except sworn Police and Fire personnel who must retire at age 65. (d) Dismissal shall be an involuntary separation from employment initiated by the employing authority as a result of the employee's unsatisfactory work perforniance or misconduct. (e) Failure to Appear shall be a failure by an employee to report to work during the first scheduled work day following employment without previous notification to the employing authority. (f) Administrative Termination shall be a separation from employment initiated by the Director of Personnel on the basis of the employee's failure to meet minimum qualifications for the position following the actual start of work; or the unavailability of the position or approved monies in the budget of the respective department. These employees shall be administratively terminated as immediately convenient following the determination and shall be notified of their rights to appeal (if any). Section 2-40. Effective Date of Actions. In all cases except separation, the effective date of action shall be considered the comencement of the employee's regularly scheduled work period on the calendar day indicated. In all cases of separation, the effective date of action shall be considered the end of the enployee's regularly scheduled work period, unless specified on the calendar day indicated. Section 2-41 . Anniversary Dates. The Anniversary date shall be the date on which the employee becomes eligible for a merit increase. The employee@s first anniversary date shall generally be the effective date of perrmnent status. Thereafter, the anniversary date shall be one (1) year from last promotion, dewtion, merit increase, administrative decrease or transfer dissimilar to the position vacated. However, when career steps are involved, the employee's anniversary date shall be three (3) years from the last promotion, demotion, merit increase, ackninistrative decrease or transfer dissimilar to the position vacated. Section 2-42. Administration. The Director of Personnel shall be responsible for administering the application of the Ordinance and to promulgate rules and regulations to carry out its purposes. -50- Section 2-43. Review and Affendment of the Pay Plan. The Director of Personnel shall constantly review employee ranges, and when necessary, make recommendations for changes to the City Manager. The ranges of pay for each class of positions may be changed by the City Manager upon recommendation by the Director of Personnel, provided funds are available for any increases in the ranges. A change in the pay range of a class shall not affect the anniversary date of employees in that class except when it involves a career step. The City pay schedule, as adopted by Section 1 of Ordinance No. 460, and as amended by the City Manager, is hereby rep ar superseded by the pay schedule attached hereto, which is hereby adopted as the City of Virginia Beach Basic Pay Schedule. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of September, 1980. Upon motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance to amend and reordain Division 3, of Article III, of Chapter 2 of the Code of the City of Virginia Beach, Virginia, relating to Administration of the Basic Pay Plan. Voting: 1 0 - 0 51- Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. 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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-9 of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 33-9. Penalties and interest when not paid on time. In the event any taxes on personal property are not paid on or before the time the same are due and payable as set forth in Section 33-8, there shall be added thereto a penalty of ten (10%) percent of the amount of such unpaid taxes or the sum of Ten Dollars ($10.00), whichever shall be greater, and such taxes and penalty shall bear interest at the rate of s4)k-46@ nine and six tenths percent (9.6%) per annum, commencing not earlier than the first day of the month following the month such taxes are due. The assessment of such penalty shall not be deemed a defense to a criminal prosecution for failing to make return of taxable property as may be required by law. This Ordinance shall be effective from January 1, 1981 FIRST READING: 22 September 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of I 1 980. 67 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance, ON FIRST READING, to amend Section 33-9 of the Code of the City of Virginia Beach pertaining to interest when personal property taxes not paid on time. Voting : 1 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing ITEM II-I.I.c ITEM #15655 Requested by: Finance Department'@ ORDINANCE TO AMEND SECTION 33-7.11 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO INTEREST WHEN SERVICE CHARGE ON TAX EXEMPT REAL ESTATE NOT PAID ON TIME. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-7.11 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: In the event any installment of the service charges imposed in Section 33-7.8 is not paid on or before the time the same is due and payable, as set forth in Section 33-7.10, there shall be added thereto a penalty of five (5%) percent of the amount of such unpaid installment and such installment and penalty shall bear interest at the rate of S*A-464 nine and six tenths percent (9.6%) per annum from the end of the sixth month next following the month such installment was due, but not paid, until paid. This Ordinance shall be effective from January 1, 1981. FIRST READING: 22 September 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance ON FIRST READING to amend Section 33-7.11 of the Code of the City of Virginia Beach pertaining to interest when service charge on tax exempt real estate is not paid on time. Voting : I 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 70 - ITEM II-I-1-d ITEM #15656 Requested by: Finance Department AN ORDINANCE TO AMEND SECTION 33-3 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO INTEREST WHEN REAL ESTATE TAX NOT PAID ON TIME. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-3 is hereby amended and reordained as follows: Section 33-3. Penalty and interest when installment not paid on time. In the event any installment of taxes on real estate is not paid on or before the time the same is due and payable as set forth in Section 33-2, there shall be added thereto a penalty of ten (10%) percent of the amount of such unpaid installment or the sum of Ten Dollars ($10.00), whichever shall be greater, and such installment and penalty shall bear interest at the rate of 54A-46@ nine and six tenths percent (9.6%) per annum, commencing not earlier than the first day of the month following the month such taxes are due. The assessment of such penalty shall not be deemed a defense to any criminal prosecution for failing to make return of taxable property as may be required by law. This Ordinance shall become effective on January 1, 1981. FIRST READING: 22 September 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. 71 Upon motion by Councilman Baum, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance ON FIRST READING to amend Section 33-3 of the Code of the City of Virginia Beach pertaining to interest when real estate tax is not paid on time. Voting : 1 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 72- ITEM II-I.l.e/f ITEM #15657 Requested by: Public Utilities AN ORDINANCE TO AMEND AND REORDAIN SECTION 37-29(b)(2.1) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA RELATING TO WATER LINE FEES FOR TWO OR MORE RESIDENTIAL DWELLING UNITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-29(b)(2.1) of the Code of the City of Virginia Beach, Virginia, is hereby amended and/reordained to read as follows: Section 37-29. Connection and installation fees. (b) Property owners' share of system installation, where connection is made to a line or pumping station being a pari of the system wi thin the C ity in stalled or purc hased by the C ity (I ine fee): (2.1) Lots 9-ti-uetbli-es with two (2) or more faffi4ly residential dwelling units, per unit . . . . . . . . . . . . $360.00 For purposes of line fee calculations, any single lot which has constructed on it more than one residential dwelling unit shall be considered multi-family and shall have fees calculated as bove . This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 980 DEFERRED BY CITY COUNCIL: 22 September 1980 - 73- Requested by: Public Utilities AN ORDINANCE TO AMEND AND REORDAIN SECTION 29-3(B)(2.1) OF THE CODE OF TliE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO SEWER LINE FEES FOR TWO OR MORE RESIDENTIAL DWELLING UNITS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 29-3(B)(2.1) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 29-3. Fees generally (B) Property owners' share of system installation, where connection is made to a line or pumping station being a part of the system within the City in stal 1 ed or purc ha se d by the City (line fee (2.1) Lots Sti-wetwi-es with two (2) or more faFR4@y residential dwell ing units, per unit . . . . . . . . . . . .$ 56 0 . 0 0 For purposes of line fee calculations, any single lot which has constructed on it more than one residential dwelling unit shall be considered multi-family and shall have fees calculated as above. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 980 . DEFERRED BY CITY COUNCIL: 22 September 1980 @74 Upon motion by Councilman Ervin, seconded by Councilman Baum, City Council voted to DEFER FOR TWO WEEKS (October 6, 1980), the Ordinances to amend and reordain Section 37-29(b)(2.1) and Section 29-3(B)(2.1) of the Code of the City of Virginia Beach relating to water and sewer line fees for two or more residential dwelling units. Voting I 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 75- ITEM II-I.l.g ITEM #15658 Requested by: Department of Health/City Manager AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 20, DIVISION 5., SECTIONS 20-104 THROUGH 20-111 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO BARBERSHOPS, BEAUTY PARLORS, ETC. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 20-104 through 20-111 are amended and reordained as follows: Division 5. Barbershops, Beauty Parlors, etc. Subd4y4s4eR-ir --- B&FbeFsheps Section 20-104. Definitions. For the purposes of this and the following Subsections, the following words and phrases shall be construed as follows: (a) Attendant: Any barber, hairdresser or manicurl : est or other person working in a barber shop or beauty parlor, who comes in direct contact with the customers or patrons of such establishment. (b) Barbering or hairdressing: Anyone or any combination of the following acts, when done on the human body for pay or reward and not for the treatment of disease: Shaving, shaping, and trimming the beard; cutting, curling, singeing, shampooing or dyeing the hair or applying lotions thereto; or applications, treatment or massages of the face, neck or scalp with oil , creams, lotions, cosmetics, antiseptics, powders, clays or other preparations in connection with shaving, cutting or trimming the hair or beard. (c) Barber shops - Beauty parlors: Any establishment or place of business within which the practice of barbering or hairdressing is engaged in or carried on by one or more barbers. Section 20-104.1. Violation of Chapter. Any person who shall violate any provision of this Chapter shall be guilty of a Class IV misdemeanor. 7 6- Section 20-104.2 General Maintenance Requirements (a) Floors in barber shops, beauty parlors, barber schools or beauty culture schools shall be clean and all furniture, walls, woodwork and windows therein shall be kept clean and in good repair at all times. Each barber shop, beauty parlor, barber school or beauty culture school shall be provided with a toilet and washbasins properly trapped and connected to an approved sewer system. Adequate soap@ clean towels and toilet tissue shall be available at all times. All basins, sinks and toilets shall be kept clean and in good repair at all times. The use of powder puffs and sponges is prohibited. No alum or other astringent shall be used in stick form in any barber shop, beauty parlor, barber school or beauty culture school. If used therein to stop the flow of blood, it shall be applied in liquid or powdered form. Section 20-105. Levy of License Tax. (a) Every person who shall conduct or operate a barber shop shall pay a license tax Of Twenty-Five Dollars ($25.00), and one half (1/2) of one percent on gross receipts, as defined in this Chapter, in excess of Two Thousand Five Hundred Dollars ($2,500.00), in business during the preceding calendar year. (b) Every person who shall conduct or operate a beauty parlor or hairdressing establishment shall pay a license tax of Twenty-Five Dollars ($25.00), and one half (.1) of one percent on gross receipts as defined in this Chapter, in excess of Two Thousand Five Hundred Dollars ($2,500.00), in such business year during the preceding calendar year; however, that a license issued under this Chapter pursuant to the payment of the license tax set out in this Section shall not authorize the teaching or instruction of beauty culture or cosmotology. (c) Every person who shall conduct or operate a barber school or beauty culture school shall pay a license tax of One Hundred and Twenty-Five Dollars ($125.00); provided, however, that the rendering by students in such school, in the course of their training, of services usually performed in barber shops and beauty parlors shall not require the payment of additional license tax required by this Chapter. Section 20-106. When Merchants' license required. Where merchandise is sold at a barber shop, beauty parlor, hairdressing establishment, barber school or beauty culture school, licensed under this Chapter a merchant's license shall be required in addition to the barber shop, beauty pa rl or, hairdressin g e sta bl i shment , barber school or beauty culture school license; provided, however, that the licensee in question may make sales of merchandise used in the operation of such barber shop, beauty parlor, hairdressing establishment, barber school or 7 7- beauty culture school not to exceed Two Hundred Fifty Dollars ($250.00) in any calendar year without paying such additional merchant's license tax. Section 20-108. Reserved. Section 20-109. Reserved. Section 20-110. Reserved. Section 20-111. Reserved. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Secon d day of Sep tember , 1 980. Upon motion by Councilman Ervin, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance to amend and reordain Chapter 20, Division 5, Sections 20-104 through 20-111 of the Code of the City of Virginia Beach, Virginia, per- taining to barbershops, beauty parlors, etc. Voting : I 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, Ill, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent Patrick L. Standing 7 8- B I D S ITEM II-I.2.a ITEM #15659 The following bids were received for the North Virginia Beach Sanitary Sewerage System and Water Line Contract: A & W Contractors, Inc. $ 808,310.95 Vice Construction Corporation $ 838,283.47 M. E. Wilkins, Inc. $ 845,258.28 Carter-Bell Corporation $ 850,988.00 Suburban Grading & Util ities, Inc. $ 960 , 36 7. 20 Floyd B. Smith Contracting, Inc. $ 967,406.70 Inner-View, Limited $1,009,166.00 A. Stuart Bolling Company, Inc. $1,078,220.00 A. Stanley Mundy & Company $1,138,484.10 Engineer's Estimate $1,228,891.00 Upon motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of A & W Contractors, Inc., in the amount of $808,310.95, for the North Virginia Beach Sanitary Sewerage System and Water Line Contract; AND, authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting : I 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 79- ITEM II-J.1 ITEM #15660 Mr. Robert R. Lemon appeared before Council regarding the closure of Mail Box Lane. Mr, Lemon advised Council the homeowners in the 5300 Block of Susquehanna Drive had signed petitions requesting the Lane be closed; and, received inf ormat ion from a Traff ic Engineer in the State Hi ghway Department that the Lane would be closed. The City Manager advised Council he will meet with the Traffic Engineer and report back to Council on 6 October; and, until Council receives his report there will be no further paving, etc., of Mail Box Lane. Mr. Orville Stevens, a resident of the 5300 Block of Susquehanna Drive, appeared regarding the above matter. ITEM II-J.2 ITEM #15661 Mayor McCoy made reference to a letter received by Council from Mr. and Mrs. Harry Jeavons requesting a rehearing of their application for a Subdivision Variance, which was denied by Council 8 September 1980. Further discussion on the matter was deferred until 6 October 1 980 until a report could be received from the Staff concerning this matter. ITEM II-J.3 ITEM #15662 Councilwoman McClanan requested information concerning water exemptions. The City Manager advised Council that al I exemptions previously granted will no longer be permitted due to the severeity of the situation. Councilwoman Henley asked if the tourist coming into Virginia Beach were being- made aware of the water shortage? The City Manager advised Council the Motel/Hotel owners have been most cooperative with the City in this matter. -8g- A P P 0 1 N T M E N T S ITEM II-K.1 ITEM #15663 Mayor McCoy advised Council he appointed Councilman Clarence A. Holland, and Councilman Patrick L. Standing, to study the City's Travel Policy. N E W B U S I N E S S ITEM II-K.2 ITEM #15664 Upon motion by Councilman Ervin, seconded by Councilman Baum, City Council voted to CANCEL the meeting of Council of 22 December 1980. Voting 9- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick Council Members Voting Nay: None Council Members Abstaining: Meyera E. Oberndorf Council Members Absent: Patrick L. Standing 8 A D J 0 U R N M E N T ITEM II-L.1 ITEM #15665 Upon motion by Councilman Ervin, seconded by Councilman Merrick, and by ACCLAMATION, the meeting adjourned at 9:05 p.m. Diane M. Hickman, Deputy City Clerk R6th Hodges Smith, City Clerk oyt 'u- @D.D S City of Virginia Beach, Virginia 22 September 1980 dmh/mas