AUGUST 25, 1980 MINUTES
Cit@ <Df IE3@Etc:@
"WORLO'S LARGEST RESORT CITY"
CITY COUNCIL
MAroR j. HENRY m,cor IR.. D.D.S., 8...86
VICE-MAYOR HAROLD HEISCHOSER, A, L.,,.
JOHN A. BAUM. 81-A..,., B.-gb
P. REID ERVIN, A, L.,,. 0
BARBARA M. HENLEY, P..,. B.-gb
CLARENCE A. HOLLAND. ALD., ay.id. B...Rb
W. H. KITCHIN. lit. Vigi.,. B-.b B...gb
REBA S. M@CLANAt4. P,i--. A-. B.-gb
DONALD W. MERRICK, Ly-b..- B...gb
NEYERA E. OBERNDORF. A, L.,,. 212 CITY HALL BUILDINC
PATRICK L. STANDING, At L.,,. MUNICIPAL CENTER
VtRGINIA BEACH. VIRGINIA 23456
RU7'H HODGES SMITH. Cily Cl.,k (804) 427-4303
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: 5:30 p.m. - August 25, 1980
A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECLITIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS:
1. Briefing on Bikeways
2. Atlantic Beach Encroachments: Requests of 14 property owners
for reconsiderations of existing encroachments.
3. Report on Plans for Handicapped Parking Spaces on Atlantic
Xvenue.
4. Thomas Bishop Lane Improvements: Discussion
5. Emergency authorization to Dredge Rudee Inlet.
ITEM II FORMAL SESSION: 7:00 p.m.
A. INVOCATION: Father William C. Hoffman
Rector
Saint Bride's Episcopal Church
B. PLEDGE OF ALLEGIANCE
C. ELECTRONIC ROLL CALL
D. MINUTES OF PREVIOUS MEETING:
1. Correction to the Minutes of 4 August 1980
2. Motion to accept/approve the Minutes of 18 August 1980.
ITEM II E. RESOLUTIONS
1. Resolution authorizing the City Manager to request federal
funding through the State Department of Highways and Trans-
portation to upgrade existing and to construct new bike
paths.
F. 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.
I . Ordinance to authorize the acquisition of property in fee
simple for right-of-way for Cedar Hill Canal Project and
the acquisition of temporary and permanent easements of
right-of-way by agreement or by condemnation. (Deferred
for one week on August 18, 1980).
2. Ordinance to amend Section 20-113 of the Code of the City
of Virginia Beach relating o coin machine operators.
3. Ordinance to amend and reordain Section 2-59.2 of the Code
of the City of Virginia Beach pertaining to insurance re-
quired for certain vehicle rental businesses. CDeferred 6/23/80)
4. Resolution authorizing the Zoning Administrator to appear
before the Board of Zoning Appeals to oppose the granting
of a variance to-First Colonial Medical Professional Buildings.
5. Request of the City Attorney to defer for two weeks two
Ordinances amending Sections 2 3 (B) (2. )@. d 37-29 (b)
(2.1) of the City Code concerning units and the rates paid
for water and sewer line fees.
6. Bingo/Raffle Permits:
Plaza Little League, Inc. Raffle
Princess Anne Business and Professional Raffle
Women's Club
Auxiliary of the General Hospital of Raffle
Virginia Beach
7. Request of the Commissioner of the Revenue for license
refunds in the amount of $367. 7@
8. Ordinance, on second reading, to appropriate $180,306 for
additional po@itions and related appropriations to the
Department of Social Services.
ITEM II G. PLANNING ITEMS
1. NEW APPLICATIONS
a. Application of J. Rolfe Griffin for a change of zoning from
R-6 Residential7D st@rict to R-8 Residential District on a
5.26-acre parcel located north of Providence Road and west
of Lord Dunmore Drive (Kempsville Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for denial.
b. Application of Alfredi V. and Judy K. Everett for a change of
zoning from AG-2 Agricultural District to R-8 Residential
District on a 14.217-acre par el located on the north side
of Old Dam Neck Road, west of Dwyer Road (Princess Anne
Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for approval.
c. Application of the City of Virginiai Beach for the establish-
ment of an Historic and Cultural District on certain parcels
located at the intersection of Oceana Boulevard and Princess
Anne Road and the classification of the area surrounding Nimmo
Church as an historical site deemed desirable for preservation.
This site consists of 6.7 acres.
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for approval.
d. Application of the Commonwealth of Virginia, Department of
Corrections, for a conditional use permit for a State
Community Youth Home on a .7-acre parcel located at the
southwest 7or-ne o@f Virginia Beach Boulevard and Roselynn
Lane (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for denial.
e. Application of Solar Was@ Inc., a Virginia Corporation, for
a conditional use permit for a car wash on a .57-acre parcel
located at the northwest corne@f Tir-ginia Beach Boulevard
and Lavendar Lane (Bayside Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Comission to allow withdrawal.
f. Application of James M. Adkins, Jr., for a variance to
Section 4.4(b) f@the7S bdivisi n@ordinance which requires
lot dimensions to conform to the Comprehensive Zoning
Ordinance. He wishes to subdivide a 1.42-acre site located
on the east side of Woodstock Road, north of Providence
Road, into two lots.
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for approval.
g. Application of Bayshore Development Corporation for a
variance to Sections 4.1(m) and 5.5(a) of the
Subdivision Ordinance which requires minimum street
pavement widths and curb and gutter. They wish to
to subdivide an approximately 19.7-acre site located at
the terminus of Painters Lane, into three lots. The
Lots would average approximately 6.6-acres in size.
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for approval.
ITEM II 2. CZO AMENDMENTS
a. The following Ordinances are recoimended by the Planning
Commission for approval.
1. Ordinance to amend and reordain Article 2 of the CW
pertaining to condominium d el pment.
2. Ordinance to amend and reordain Section 4 and 5 of
the Subdivision Ordinance relating to condominilm
development.
3. ENCROACHMENTS
a. ordinance to authorize a temporary encroachment by Richard
S. Bartley into a portion of the City property located ad-
jacent to the Atlantic Ocean. (Deferred for one week on
August 18, 1980).
b. Ordinances to authori7,e a temporary easement into a City
40-foot drainage and canal easement in the Subdivision
of Chel-gea:
L. R. Van Den Berg - 1832 Duke of York Quay
Paul L. Ferrell - 1840 Duke of York Quay
L. Graham Field - 1846 Duke of York Quay
F. Stanley Forter - 1839 Duke of Norfolk Quay
Randolph Savage -1859 Duke of York Quay
In behalf of the applicant, Royal Thayer, Jr., P.E.,
Lynnhaven Dredging Company, Inc.
c. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of 44th Street to William
M. Harris.
H. ORDINANCES
1. CITY CODE AMENDMENTS
a. Ordinance to amend and reordain Chapter 31 of the City
Code of the City of Virginia Beach relaci-ng to borrow
pits.
b. Ordinance to amend and reordain Division 3 of Article
III of Chapter 2 of the Code of The C-ity of Virgii.
Beach relating to administration of the bgsic pay plan.
2. FIRST READINGS
a. Voter Referendum:
1. Ordinance authorizing the issuance of water and sewer
Bonds of the City of Virginia Beach, in the maximum
amount of $46,000,000, subject to the approval_of the
qualified voters.
2. Ordinance authorizing the issuance of road bonds of
the City of Virginia BeacN in the maximum amount of
$22, 900, 000, subject to the approval of the qualified
voters.
b. Ordinance to appropriate $5, 800 for the Clean -Community
System Program.
3. BIDS
a. Low bid of Vico Construction, in the amount of $378,771.81,
for the Atfan-ti@ Park/Oceana Gardens Sewer and Water Impro-
ments project.
I. APPOINTMENTS: Boards/Commissions
1. Community Mental Health/Mental Retardation
2. Mosquito Control Commission
3. Personnel Board
4. Wetlands Board
J. OLD BUSINESS
K. NEW BUSINESS
1. Emergency Authority to City Manager to let bids for
dredging sand pit at Rudee Inlet
L. ADJO@NT
1. Motion for adjournment.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
25 August 1980
The Regular meeting of the Council of the 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,
25 August 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, 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:
Clarence A. Holland
ITEM %15494
Vice 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 or any public body.
(Personnel Matters).
2. Discussion or consideration of the condi-
tion, acquisition or use of real property for
public purpose, or other disposition of publicly
held property. (Acquisition, use or disposition
of publicly held property).
3. Consultation with legal counsel and brief-
ing by staff members, consultants, or attorneys
pertaining to actual or potential litigation,
or other legal matters within the jurisdiction
of the public body. (Legal Matters).
8/25/80
2 -
Upon motion by Councilman Merrick, seconded by Councilman
Standing, City Council voted to RECESS into EXECUTIVE SESSION
following the INFORMAL SESSION:
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober
Barbara M. Henley, 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:
Clarence A. Holland
8/ 2 5/ 80
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M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15495
Mayor McCoy reported on the nice meeting held jointly by the
School Board and City Council this morning for the introduction
of new teachers. He expressed appreciation to Dr. Brickell,
Superintendent of Virginia Beach Schools, for the good food and
for allowing that food to be shared with City Council this evening.
ITEM #15496
Mayor McCoy announced the Special Meeting of City Council to be
held Wednesday, August 27, 1980, at nine o'clock a.m. in the
Council Chambers. The purpose of this meetinq will be the final
disposition of the Water and Sewer Bonds for public referendum
and the Road Bonds for public referendum.
ITEM #15497
Councilman Merrick asked for a better understanding of the refer-
endum believing that:
1. The referendum for roads would cover the
major roads to be constructed and paid for with
City money.
2. The Federal, State and Local money appli-
cation to the roads.
3. Possibly rearranging the C.I.P. for the
local roads with City money.
The City Manager advised Council that the C.I.P. would probably
be presented at the regular meeting on September 15, 1980. He
verified that Constitution Drive is not a part of the package.
8/ 2 5/ 80
4-
I N F 0 R M A L A G E N D A
ITEM #15498
The Mayor introduced Jack Jennings as a inember of the Mayor's
Committee to study Bikeways who had contributed much in time,
effort and wisdom.
The City Manager asked the Director of Planning, Bob Scott, to
make his presentation on bikeways. Mr. Scott advisd that this
was the first "draft" of the bikeway plan and it would probably
be changed several times before the final plan would be sub-
mitted. He gave a presentation and discussed the history, public
demand, intent, criteria, concept, and presented the City-wide
system, east-west corridor, the types of bikeways (designated/
lane shared with roadway/designated-shared) and implementation.
Mr. Scott advised that just recently the City had received a
$75,000 grant for improvements to the already established bike-
way. (A copy of the "Virginia Beach Bikeway Plan" is on file
in the City Clerk's Office.)
ITEM #15499
The City Manager introduced Mr. Tom Hansen, Assistant to the
Director of Public Works, who briefed Council on their request
for a survey of the encroachments along the oceanfront in north
Virginia Beach. He reported there were approximately 200 encroach-
ments and that of these, 64 were of the permanent type, fourteen
of these have requested Council's consideration for allowance.
Not only did Council view the property plats showing the encroach-
ments, but Mr. Hansen, also, presented a slide film showing each
of them.
City Council expressed their concern for further encroachments
which would be found along the side streets in the oceanfrontarea.
ITEM #15500
The City Manager introduced Mr. John Herzke, Traffic Engineer,
who gave a brief report on the handicapped parking spaces and the
additional fifteen which have been made available in north Virginia
Beach.
ITEM #15501
The City Manager introduced Don Trueblood, City Engineer, who ex-
Dlained the Thomas Bishop Lane improvements and the dedicated
right-of-way.
8/ 2 5/ 80
- 5 -
ITEM #15502
Councilman Standing expressed his concern that possibly a private
enterprise transportation system may be considered in lieu of the
federally-funded transportation system now used in cooperation
with the Metro Transit.
ITEM #15503
The City Manager requested emergency authorization from City
Council to invite bids for the commerical dredging of Rudee Inlet.
The Sandtrap is badly in need of dredging since it has not been
done since 1972. Mr. Standing called attention to the Corps of
Engineer's recommendation some time ago and asked if further
study had been made as to a permanent solution to the beach re-
plenishment.
ITEM #15504
The City Manager advised City Council that deliberations had
allowed the selection of the engineering firms for the City's
Desalting Plant:
Langley & McDonald
Malcolm Pirine Engineers
Camp Dresser & McKee
Council recessed into the EXECUTIVE SESSION (6:55 p.m.) for brief-
ing prior to the FORMAL SESSION of City Council for the purpose of
discussing:
1. Personnel Matters
2. Acquisition, use or disposition of
publicly held property.
3. Legal Matters
08/25/80
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
25 August 1980
Council Members Present:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Meyera E. oberndorf,
and Patrick L. Standinq
Council Members Absent:
F. Reid Ervin* and Clarence A. Holland
INVOCATION: In the absence of Father Hoffman, former City
Clerk, Richard J. Webbon, gave the Invocation.
PLEDGE OF ALLEGIANCE
M I N U T E S
ITEM II-D.1 ITEM #15505
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to APPROVE the correction to the minutes of the
regular meeting of 4 August 1980 by adding ITEM #15403(a):
"Letter from the General Registrar
certifying to Section 3.09 of the
Virginia Beach City Charter that Six
Thousand Two-Hundred (6,200) signa-
tures on the Citizens For The Family
petitions are duly qualified voters
and that this number represents
Twenty-five percent (25%) of the
number of persons voting in the last
General Election in Virginia Beach.
(10,535 persons signed the various
petitions)."
VOTING: 9-0
08/25/80
-7 -
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, 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:
-F. Reid Ervin and Clarence A. Holland
ITEM II-0.2 ITEM #15506
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Standing, City Council voted to APPROVE the minutes of the regular
ineeting of 18 August 1980.
VOTING: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, 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:
'F. Reid Ervin and Clarence A. Holland
08/25/80
-8 -
R E S 0 L U T I 0 N S
ITEM II-E.1 ITEM #15507
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to APPROVE the Resolution authorizing the City's
City Manager to request federal funding through the State Depart-
ment of Highways and Transportation to upgrade existing and to
construct ne@ bike paths:
VOTING: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, 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:
*F. Reid Ervin and Clarence A. Holland
All Council Members voiced a "Verbal" vote of Aye
08/25/80
-9 -
At a meeting of the Council of the City of Virginia
Beach held in the Council Chambers on the 25th day Of August
1980, the following Resolution was adopte
R E S 0 L U.T I 0 N
WHEREAS, the Council of the City of Virginia Beach
recognizes the need to upgrade existing and to construct new bike
paths; and
WHEREAS, the Federal Highway Administration, through
the State Department of Highways and Transportation, has agreed
to award the City a grant to upgrade and construct bike paths;
and
WHEREAS, the City of Virginia Beach has developed and
implemented a Comprehensive Bike Plan:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
THAT the City Manager is authorized to request
federal funding for said project in the amount of $75,000.
THAT the City of Virginia Beach agrees to provide
local matching funds to support 25% of the project costs which
amount to $18,750.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH ON: August 25, 1980
APPROVED AS TO CONTE.%I'r
PA s
t EPARTMENT
JDB: t.@ 5 -. 0 F
8-21-80
k-I
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08/25/80
- 1 0 -
C 0 N S E N T A G E N D A
ITEM II-F
The following items listed as the CONSENT AGENDA were considered
and enacted by ONE MOTION:
ITEM II-F.1 ITEM #15508
Upon motion by Councilman Standing, seconded by Councilwoman
Henley, City Council voted to APPROVE the Ordinance authorizing
the acquisition of property in fee simple for right-of-way for
Cedar Hill Canal Project and the acquisition of temporary and
permanent easements of right-of-way either by agreeinent or by
condemnation:
VOTING: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, 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:
*F. Reid Ervin and Clarence A. Holland
j
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR CEDAR HILL CANAL PROJECT AND THE ACQUISITION
OF TEMPORARY AND PERTIANENT EASEMENTS OF RIGHT-
OF-WAY EITHER BY AGREEMENT OR BY CONDEMNATION
1059
: :, j. 4 2 4 6
WHEREAS, in the opinion of the Council of the City of Virginia
Beach, Virginia, a public necessity exists for the construction of this
important project for public purposes for the preservation of the safety,
health, peace, good order, convenience, moral and vrlfare of the people
in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and
directed to acquire by purchase or condemnation pursuant to Section 15.1-236,
et seq. and Section 33.1-89, et seq., Code of Virginia of 1950, as amended,
all that certain real property in fee simple including temporary and permanent
easements of right-of-way as shown on the plan or plats entitled, "CEDAR
HILL CANAL PROJECT," these plans or plats being on file in the office of
Real Estate, Department of Public Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to make or
cause to be made in behalf of the City of Virginia Beach, to the extent that
funds are available, a reasonable offer to the owners or persons having an
interest in said lands, if refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Section 3. That an emergency is hereby declared to exist and this
ordinance shall be in force and effect from the date of its adoption.
@GINIA: @v / the Ci,cuit Cou,t oi Viginia Beach.@.5 ........... day
Li 9.@ at
. ,the.Cle,k's 0
L; . .. .... .) t, ... ... ............ this inst,ument as eceived and up.n th@
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c @, c.,e . kn..Ie ent the,eto annexed, admitted t. ec.,d. "Tbe tax i.posed by SS58-54.1 f tbe C.de,
x has been paid, in tbe am.unt o/ I ....................................... .
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TESTE: J. CURTIS FRUIT, Cl@,k By: .......
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Adopted,by the Council of the City of Virginia Beach, Virginia,
on the 2!5th dA y,of August 1980.
APPiZOV"', C
Auth..Ii@at.d t. be a T@. Copy of an Of:icil R@,c.,d of tl,e City
of Vi,ginia Beach, d.t.d tl,- day of 11980
DEPARTM'NT
Cuti.dian, 5 T
JAR:kg
8/6/80
@"Il- City C!3,L, City f CITY AT'@C)"';@EY
08/25/80
1 2 -
ITEM- II-F.2 ITEM #15509
Upon motion by Councilman Standing, seconded by Councilwoman
'Henley, City Council voted to APPROVE the Ordinance to amend
Section 20-113 of the Code of the City of Virginia Beach re-
lating to the licensing of coin machine operators:
VOTING: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry -'4cCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
*F. Reid Ervin and Clarence A. Holland
08/25/80
1 3 -
AN ORDINANCE TO AMEND SECTION 20-113
OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO THE LICENSING OF
COIN MACHINE OPERATORS.
BE IT ORDAINED BY THE CO(JNCIL OF THE CITY OF VIRGINIA BEACH,
VIFZGINIA:
That Section 20-113 of the Code of the City of Virginia Beach is
amended and reordained to read as follows:
Section 30-113. Coin machine operators -- Levy of license tax
and gross receipts tax.
An person, firm or corporation selling, leasing, renting or other-
wise furnishing or providing a coin-operated machine or device operated on the
coin-in-th-slot principle anywhere in the city shall be deemed a coin machine
operator, and shall pay an annual license tax of two hundred dollars ($200.00).
In addition to such annual license tax any coin machine operator
shall pay one-fourth (1/4) of one percent of-h@s-gi-ess-reee4pts on the share
of gross receipts actually received by the operator from such business for the
preceding calendar year in excess of three thousand dollars ($3,000.00).
The tenn "coin imchine operator" shall not include a person, firm
or corporation owning less than three (3) coin machines and operating such
machines on property owned or leased by such person, firm or corporation.
This ordinance shall be effective from date of adoption.
Adopted by the City Couricil of the City of Virgina Beach on the
25th day of August 1980.
A,
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7/10/80
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CITY,-@l-,C,, @ y
Authority: Section 58-266.1 Code of Virginia
08/25/80
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ITEM II-F.3 ITEM #15510
Upon motion by Councilman Standing, seconded by Councilwoman
Henley, City Council voted to APPROVE the Ordinance to amend
and reordain Section 20-59.2 of the Code of the City of Virginia
Beach pertaining to insurance required for certain vehicle rental
businesses:
VOTING: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, 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:
F. Reid Ervin and Clarence A. Holland
08/25/80
-1 5 -
AN ORDINANCE TO AMEND AND REORDAIN SECTION 20-59.2
OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING
TO INSURANCE REQUIRED FOR CERTAIN VEHICLE RENTAL
BUSINESSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 20-59.2 of the Code of the City of Virginia Beach is
amended and reordained as follows:
Section 20-59.2. Certificate of Insurance Required For Certain Vehicle
Rental Businesses.
No license shall be issued for the rental of self-propelled vehicles
having less than 4 wheels until the applicant therefor shall have presented a
certificate, approved by the city attorney as to form and surety, of personal
liability insurance coverage in the amount of one hundred thousand dollars per
person and three hundred thousand dollars per accident and property damage
liability insurance in the amount of ten thousand dollars. For the purposes of
this section the term self-propelled vehicles having less than 4 wheels shall
include mopeds as defined in Section 7-28 of the Code of the City of Virginia
Beach.
This ordinance shall become effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the .25th day of August 1980.
MES:kg
6/4/80
APPROVED AS TO CON-. z-N-
08/25/80
-1 6-
ITEM II-F.4 ITEM #15511
Upon motion by Councilman Standing, seconded by Councilwoman
Henley, City Council voted to APPROVE the Resolution autho-
rizing the Zoning Administrator to appear before the Board of
Zoning Appeals to oppose the grantinq of a variance to First
Colonial Medical Professional Buildings:
VOTING: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, 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:
F. Reid Ervin and Clarence A. Holland
08/25/80
-1 7 -
Requestecl by: Councilman Donald W. Merrick
At a meeting of the Council of the City of Virginia Beach,
Virginia, duly called and held in the Council Chambers of the City
of Virginia Beach, Virginia, on the day of
1980, the following Resolution was atop-ted:
R E S 0 L U T I 0 N
WHEREAS, First Colonial Medical Professional Buildings has
requested a variance from the Board of Zoning Appeals to use a parcel
of residentially-zoned (R-4) property,located on Wolfsnare Road, for
ingress and egress to a parcel of office-zoned (0-1) property, located
on First Colonial Road; and
WHEREAS, City Council is of the opinion that the granting
of such a variance will not be in harmony with the intended spirit
and purpose of the Comprehensive Zoning Ordinance.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Zoning Administrator of the City of Virginia Beach
is hereby requested to appear in person and by counsel before the
Board of Zoning Appeals to oppose the granting of the above-described
variance; and
That the Zoning Administrator is further authorized to
institute such legal proceedings as may be necessary to reverse the
decision of the Board of Zoning Appeals should the above variance
be granted.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 25th day of August 1980.
CMS/cj
8/20/80
08/25/80
-18-
ITEM-.II-P.5 ITEM #15512
Upon motion by Councilman Standing, seconded by Councilwoman
Henley, City Council voted to APPROVE the City Attorney's re-
quest for deferral for two weeks of:
1. The 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 family
residential units.
2. The 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 family
residential units.
VOTING: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, 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:
*F. Reid Ervin and Clarence A. Holland
08/25/80
-19 -
Requested bY Public Utilities:
AN ORDINANCE TO AMEND AND REORDAIN
StCTION 29-3(b) (2.1) OF THE CODE
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO SEWER LINE
FEES FOR TWO OR MORE FAMILY RESI-
DENTIAL 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 owner's share of system installation, where
connecti.n is made to a line or pumping station being a part of
the system within the City installed or purchased by the City
(line fees):
(2.1) Structures with two (2)
or more family residential
units, per unit . . . . . . . . $560.00
F f line fee calculatins, any sinqle
Yot which has more than one
dwelling unit, is
attached or de
multi-family !l ed, as
above.
This ordinance shall be effective up.n date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on
DEFERRED FOR TWO WEEKS
(September 8, 1980)
RHM/cj
6/17 /8 0
(3)
08/ 25 /80
2 0 -
Requested by Public Utilities;
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-29(b) (2.1) OF THE CODE
OF THE Cl'fY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO WATER LINE
FEES FOR TWO OR MORE FAMILY RESI-
DENTIAL 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 owner's share of system installation, where
connection is made to a line or pumping station being a part of
the system within the City installed or purchased by the City
(line fees):
(2.1) Structures with two (2)
or more family residential
units, per unit .$360.00
For purposes of line fee calculatins, any single
Tot which has constructed on it more than one
dwelling unit, whether the dwelling unit is
attached or detached, will be considered
Wulti-family and will have fees calculated as
above.
Adopted by the Council of the City of Virginia Beach, Virginia,
on
DEFERRED FOR TWO WEEKS
(September 8, 1980)
RHM/cj
6/17/80
8/6/80
(C)
08/ 25 /80
2 1 -
ITEM II-F.6 ITEM #15513
Upon motion by Councilman Standing, seconded by Councilwoman
Henley, City Council voted to APPROVE the following Raffle
Permits:
Plaza Little League, Inc. Raffle
Princess Anne Business and
Professional Women's Club Raffle
Auxiliary of the General Hospital
of Virginia Beach Raffle
VOTING: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, W. H. Kitchin, III, Reba S. McClahan, Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Meyera E. oberndorf
and Patrick L. Standing
Council Members Voting Nay:
None
Council members Absent:
*F. Reid Ervin and Clarence A. Holland
08/25/80
2 2 -
ITEM II-F.7 ITEM #15514
Upon motion by Councilman Standing, seconded by Councilwoma n
Henley, City Council voted to APPROVE the request of the Com-
missioner of the Revenue for license refunds in the amount of
$ 3 6 7 . 47 .
VOTING: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, 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
F. Reid Ervin and Clarence A. Holland
08/25/80
-2 3-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE.IT 6RDAINED 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
Book N Card, Inc. 1978/79 64.53
P. 0. Box 1636
Newport News, Va. 23601
Frank P. Mani and
Perry Inscore 1978-80 1978-80 84.93
4901 Mandan Road
Va. Beach, Va. 23462
Hamel, Michael 1979 9/21/80 50.00
1241 Clydesdale Lane
Va. Beach, Va. 23462
fied as to Payment:
D. Mapp
Commissioner of Revenue
Approved as to form:
y
The above abatement(s) totaling $ 199.46 -Were approved by the
council of the City of Virginia Beach on the -5- day of
19 ?o
City Clerk
08/25/80
2 4-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE 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 Cornmissioner of the Revenue are hereby approved:
DATE
NAiME YEAR PAID BASE PENALTY INT. TOTAL
Dana B. Bryant 1978 1978 24.53
5501 Odessa Drive
Va. Beach, Va.
E. D. Thompson & 1978/79 12/18/78 124.78
Assoc. Inc. 1979
3221 Va. Beach Blvd-Ste-A
Va. Beach. Va. 23452
Att: Mr. Johnston
Grose, Thomas @l. 1978/79 10/10/78 18.70
1121 Craftsman Dr. 5/4/79
Apt. 101
Va. Beach, Va. 23462
T/A T. W. Grose Construction
Ce ied as to Payment:
-D. p
Commissioner of Revenu'e
Approved as to form:
y
The above abatement(s) totaling $ 168.01 -Were approved by the
council of the City of Virginia Beach on the day of
19 @o
City Clerk
08/ 25/80
2 5 -
ITEM II-F.8 ITEM #15515
Upon motion by Councilman Standing, seconded by Councilwoman
Henley, City Council voted to APPROVE, on SECOND READING, the
Orainance to appropriate funds for additional positions ana
related appropriations to th6 Department of Social Services
in the amount of $180,306.00i
VOTING: 9-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf
ana Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin and Clarence A. Holland
08/25/80
-2 6-
AN ORDINANCE TO APPROPRIATE FUNDS
FOR ADDITIONAL POSITIONS AND RELATED
APPROPRIATIONS TO THE DEPARTMENT OF
SOCIAL SERVICES
WHEREAS, the Department of Social Services had experienced
a large increase in food stamp and public assistance applications, and
WHEREAS, this increase requires fifteen (15) additional personnel
positions in order to process these applications within federally
prescribed timeframes, and
WHERF-AS, funds required for these positions and accompanying
expenses are as follows:
Salaries $124,601
Fringe Benefits 25,800
Office Supplies 3,930
Capital Outlay 25,975
Total $180 306
WHEREAS, the above request has been submitted to the Virginia
State Department of Welfare for their 80% participation, and
WHEREAS, these positions and appropriations are contingent
upon State approval and will be adjusted if their approval is less.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH that funds of $180,306 be appropriated to the
Department of Social Services for the above request. This
appropriation is to be financed by an increase in Estimated Revenues
from the Commonwealth of $144,245 and by $36,061 from the General
Fund Balance.
Adopted by the Council of the City of Virginia Beach, Virginia
on this 25th day of August , 19 8 0
First Reading: August 18, 1980 APPPOVED AS TO CONTENT
Second Reading: August 25, 1980
This ordinance shall be effective from date of
adoption.
- 2 7 -
P L A N N I N G A G E N D A
*Councilman Ervin entered the meeting at 7:30 p.m.
ITEM II-G.l.a ITEM #15516
The following registered their opposition to this application:
Mr. Charlie Taylor, Project Officer, Fairfield Civic League
Mr. Bob Engesser
Mrs. Joyce Kernoclle
Upon motion by Councilman Standing, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the Planning Commission to DENY the application of J. ROLFE
GRIFFIN for a Change of Zoning District Classification as per the
following:
An Ordinance ul>on Application of J. Rolfe Griffin
for a Change of Zoning District Classification
froM R-6 Residential District to R-8 Residential
District on certain property located 297.83 feet
North of Providence Road beginning at a point 500
feet more or less West of Lord Dunmore Drive, run-
ning a distance of 574.67 feet along the Eastern
property line, running a distance of 428.48 feet
along the Northern property line, running a dis-
tance of 525.02 feet along the Eastern property line
and running a distance of 409.22 feet along the
Southern property line. Said parcel contains 5.26
acres. KEMPSVILLE BOROUGH
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
2 8 -
ITEM II-G.l.b ITEM #15517
Mr. Robert Epstein, Attorney, appeared on behalf of the applicants.
Mrs. Edna Grimstead appeared in opposition to the application.
Upon motion by Councilman Standing, seconded by Councilwoman
oberndorf, City Council voted to DENY the application of ALFRED
V. EVERETT AND JUDY K. EVERETT for a Change of Zoning District
Classification as per the following:
An ordinance upon Application of Alfred V. and
Judy K. Everett for a Change of Zoning District
Classification from AG7-2-Agricultural District
to R-8 Residential District on certain property
located on the North side of Old Dam Neck Road
beqinning at a point 860 feet more or less an the
West side of Dwyer Road, running a distance of
227.29 feet along the North side of Old Dam Neck
Road, running a distance of 187.07 feet in a
Northeasterly direction, running a distance of
26 feet in a Southeasterly direction, running a
distance of 598.93 feet in a Northeasterly direc-
tion, running a distance of 746.53 feet in a
Southeasterly direction, running a distance of
616.76 feet in a Southwesterly direction, run-
ning a distance of 200.33 feet in a Southeasterly
direction, running a distance of 740.93 feet in a
Northwesterly direction and running a distance of
210.04 feet in a Southwesterly direction. Said
parcel contains 14.217 acres. PRINCESS ANNE
BOROUGH.
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. kenley, 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:
Clarence A. Holland
08/25/80
- 2 9 -
ITEM II-G.l.c ITEM #15518
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman
Henley, City Council voted to APPROVE the application of the
CITY OF VIRGINIA BEACH for the establishment of an Historic and
Cultural District as per the following:
ORDINANCE BY MOTION OF THE PLANNING COW4ISSION Z0880524
OF THE CITY OF VIRGINIA BEACH TO ESTABLISH AN
HISTORIC AND CULTURAL DISTRICT
BE IT ORDAINED BY THE CITY OF VIRGIMIA BEACH,
VIRGINIA, TRAT:
ordinance by motion of the Planning Commission of
the City of Virginia Beach to establish an Historic
and Cultural District on certain parcels located at
the intersection of Oceana Boulevard and Princess
Anne Road and to classify the area surrounding Nimmo
Church as an historical site deemed desirable for
preservation.
Parcel 1. Beginning on the North side of Princess
Anhe Road at its intersection with Oceana BoUle-
vard, running a distance of 350 feet more or less
along the Western property line, running a distance
of 370 feet more or less along the Eastern property
line and running a distance of 460 feet more or less
along the North side of Princess Anne Road. Said
parcel contains I acre.
Parcel 2. Beginning on the West side of Oceana
Boulevard at its intersection with Princess Anne
Road, running a distance of 500 feet more or less
along the West side of Oceana Boulevard, running a
distance of 350 feet more or less along the North-
ern property line and running a distance of 450 feet
more or less along the Western property line. Said
parcel contains 2 acres.
Parcel 3. Beginning on the East side of Oceana Boule-
vard at its intersection with Princess Anne Road,
running a distance of 700 feet more or less along
the East side of Oceana Boulevard, running a dis-
tance of 200 feet more or less along the Northern
property line and running a distance of 610 feet more
or less along the Eastern property line. Said parcel
contains 2 acres.
Parcel 4. Beginning at an iron pin 579.5 feet more
or less northwest along the south side of Princess
Anne Road from the dividing line of the land now or
formerly Amanda Sparrow and the land now or formerly
S. R. Mathews; thence S 30 degress 00' W 45.541 to an
iron pin; thence S 30 degress 00' W 139.92 to an
iron pin in a pine stump hole; thence N 86 degress
511 W 2381 to an iron pin; then N 35 degress 211 W
231.71 to an iron pin in a pine stump; thence south-
easterly along Princess Anne Road 4741 more or less
to the point of beginning. Plats with more detailed
information are available in the Department of Plan-
ing. PRINCESS ANNE BOROUGH.
08/25/80
3 0 -
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
3 1 -
ITEM II-G.l.d ITEM #15519
Calvin Spain, Attorney, registered in opposition to this application.
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planni@ng Com-
mission to DENY the application of the Commonwealth of Virginia,
Department of Corrections for a Conditional Use Permit for a State
Community Youth Home as per the following:
An C)rdinance upon Application of Commonwealth of
Virginia, I)epartment of Corrections, for a Condi-
tional Use Permit for a State Community Youth Home
on certain property located at the Southwest corner
of Virginia Beach Boulevard and Roselynn Lane, run-
ning a distance of 135 feet along the South side of
Virginia Beach Boulevard, running a distance of
223.93 feet along the Western property line, run-
ning a distance of 135 feet along the Southern prop-
erty line and running a distance of 223.93 feet
along the West side of Roselynn Lane. Said parcel
contains .7 acre. LYNNHAVEN BOROUGH
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, W. R. 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:
Clarence A. Holland
08/25/80
3 2 -
ITEM II-G.l.e ITEM #15520
Upon motion by Vice Mayor Heischober, seconded by Councilman
Merrick, City Council voted to uphold the recommendation of the
Planning Commission to allow WITHDRAWAL of the application of
SOLAR WASH, Inc., a Virginia Corporation, for a Conditional
Use Permit as per the following:
An Ordinance upon Application of Solar Wash, Inc.
a Virginia Corporation, for a Conditional Use
Permit for a car wash on certain property located
at the Northwest corner of Virginia Beach Boulevard
and Lavendar Lane, running a distance of 125 feet
along the North side of Virginia Beach Boulevard,
running a distance of 209 feet along the Western
property line, running a distance of 125 feet along
the Northern property line and running a distance of
209 feet along the West side of Lavendar Lane. Said
parcel contains .57 acre. BAYSIDE BOROUGH.
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
3 3 -
ITEM II-G.I.f ITEM #15521
Mr. James M. Adkins, Jr. registered in his behalf.
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Standing, City Council voted to uphold the recommendation of
of-the Planning Commission for APPROVAL of the application of
James M. Adkins, Jr., for a variance to Section 4.4(b) of the
Subdivision Ordinance as per the following:
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
ordinance, Subdivision of James M. Adkins, Jr.
Property located on the East side of Woodstock
Road, 948 feet North of Providence Road. Plats
with more detailed information are available in
the Department of Planning.
The applicant requests a variance to Section
4.4(b) of the Subdivision Ordinance which requires
lot dimensions to conform to the Comprehensive
Zoning ordinance. The applicant wishes to sub-
divide a 1.42 acre site located on the east side
of W6odstock Road, approximately 948 feet north
of Providence Road, into two lots.
VOTING: 10-0
Council Mernbers Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
3 4-
ITEM II-G.l.q ITEM #15522
The following appeared in behalf of the application:
John Waller
Kathleen McBlair
The following registered in behalf of the application:
Paul Van Auken
Mike Bliar
Upon motion by Councilman Standing, seconded by Councilman Ervin,
to approve the application of Bayshore Development Corporation
for a variance to Sections 4.1(m) and 5.5(a) of the Subdivision
Ordinance subject to the improvement of the 161 pavement up to
the entrance proposed to be used by the applicants.
SUBSTITUTE MOTION made by Councilman Baum, seconded by Council-
woman Henley to APPROVE the application of BAYSHORE DEVELOPMENT
CORPORATION for a Variance to Sections 4.1(m) and 5.5(a) of the
Subdivision Ordinance, subject:
1. Minimum road improvements as determined by the
City staff to reach the third lot as a legal
access.
2. Any further subdivision would require all
standard site improvements.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordi-
nance, Subdivision for Bayshore Development Cor-
poration. Property located on the North side of
Painters Lane at its Eastern extremity. Plats with
more detailed information are available in the Depart-
ment of Planning.
The applicant requests variances to Sections 4.1(m)
and 5.5(a) of the Subdivision Ordinance which re-
quires minimum street pavement widths and curb and
gutter. The applicant wishes to subdivide an approx-
imately 19.7 acre site, located at the terminus of
Painters Lane, into three lots. The lots would
average approximately 6.6 acres in size.
Approval is subject to the following stipulations:
1. Minimum road improvements as determined by the
City staff to reach the third lot as a legal
access.
2. Any further subdivision would require all
standard site improvements.
VOTING: 9-1
08/25/80
3 5 -
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick and Meyera
E. Oberndorf
Council Members Voting Nay;
Patrick L. Standing
Council Members Absent:
Clarence A. Holland
08/25/80
3 6 -
ITEM II-G.2.a ITEM #15523
Mr. Don Washburn appeared in opposition to these Ordinances.
Upon motion by Councilman Merrick, seconded by Mayor McCoy, City
Council voted to DEFER for TWO WEEKS the following Ordinances:
1. Ordinance to amend and reordain Article 2 of
the 6omprehensive Zoning Ordinance pertaining
to condominium development.
2. Ordinance to amend and reordain Section 4 and
5 of the Subdivision Ordinance relating to
condominium develoment.
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
3 7 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2 OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO CONDOMINIUM DEVELOPMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 2, General Requirements and Procedures Applicable
within various districts, of the C. Z. 0. is amended and reordained
as follows:
F. Condominium Devel ment
260. Permissibility Generally
No uses or structures shall be prohibited-in any zoning
district, nor any zoning regulation applicable thereto
altered in any way, solely on the basis of their form of
ownership as a condominium.
261. Density
In any zoning district, where density of single family
or duplex development is determined by minimum lot
size, the maximum allowable density for such a condominium
development shall be the same as if the P-roperty were to
be subdivided .
262. Minimum Spacing Between Structures
In any condominium development consisting of single family,
dupex or attached dwelli , the minimum spacing between
principle structres shall be equal to twice the distance of
the required side yard in the applicable zoning district.
However, if between any two principal structures there is. a
facility for vehicular ingress or egress or for vehicular
storage, then the minimu acing between those principal
structures shall be increased by an additional fifty (50)
feet.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the --day of 1 1980.
DEFERRED FOR TWO WEEKS
(September 8, 1980)
08/25/80
38-
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 4 AND 5
OF THE SUBDIVISION ORDINANDE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
RELATING TO CONDOMINIUM DEVELOPMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
that Sections 4 and 5 of the Subdivision Ordinance of the
City of Virginia Beach, Virginia, are amended as follows:
4.7 Condominium Development
Any dedicated public street developed in conjunction
with a condominiu roiect adjacent to or within the
condominium project but not as part of it shall comply
with the requirements set forth in this ortinance as
to design standards. This section shall not be con-
strued as regutri@g the dedication of @ublic street
within a condominium_project.
5.11 Condominium Development
Any dedicated public street developed_in conjunction
with a condominium project adjacent to or within the
condominium project but not as part of-it shall com-
ply with the requirements set forth in this ordinance
as to_required improvements. This section shall not
be construed as requiring the dedication of a public
street wihin a condominium Troj_ect.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1980.
DEFERRED FOR TWO WEEKS
(September 8, 1980)
08/ 25 /80
39 -
ITEM II-G.3.a ITEM #15524
Upon motion by Councilman Standing, seconded by Councilman Baum,
to approve, as recommended by the City Manager, the Ordinance
to authorize a temporary encroachment by Richard S. Bartley.
SUBSTITUTE MOTION made by Councilman Merrick, seconded by Council-
man Ervin, City Council voted to DENY the Ordinance to authorize
a temporary encroachment by Richard S. Bartley into a portion of
the City property located adjacent to the Atlantic Ocean:
An Ordinance to authorize a temporary encroach-
ment by Richard S. Bartley into a portion of the
City property located adjacent to the Atlantic
Ocean.
VOTING: 9-1
Council Members Voting Aye;
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick and Meyera
E. Oberndorf
Council Members Voting Nay:
Patrick L. Standing
Council Members Absent:
Clarence A. Holland
Councilwoman McClanan voiced a "VERBAL" aye.
08/ 25 /80
40 -
Requested by Public Works Department
AN ORDIANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT BY RICHARD S. BARTLEY
INTO A PORTION OF THE CITY PROPERTY
LOCATED ADJACENT TO THE ATLANTIC
OCEAN.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authoritv and to the extent thereof contained in
Section 15.1-893. Code of Virainia, 1950. as amended, Richard S. Bartley
is authorized.to erect and maintain a temporary encroachment in the City
property located adjacent to the Atlantic Ocean.
That the temporary encroachment herein authorized is for the
purpose of constructing and maintaining landscaping, plats and stairway steps;
and that such constructing and maintaining lahdscaping, planters and stairway
steps shall be erected and maintained in accordance with the City of Virginia
Beach Public Works Department's specifications and approval as to size, alignment
and location and shall be more particularly described as follows, to wit:
An area of encroachment into a portion of City
owned property designated by the shaded area
as shown on that certain plat entitled: "Physical
Survey of Lots 7 and 8, The Hollies, Virginia
Beach, Virginia," a copy of which is on file
in the Department of Public Works, City of
Virginia Beac.@ to which reference is made for
a more particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized.
shall terminate upon notice by the City of Virginia Beach to Robert S. Bartley,
his heirs, assigns and successors in title and that within sixty (60) days
after such notice is given, such temporary encroachment shall be removed
from the City properl,y located adjacent to the Atlantic Ocean by Richard S.
Bartley, his heirs, assigns and successors in title; and that Robert S.
Bartley, his heirs, assign and successors in title shall bear all costs and
expenses of such removal.
08/25/80
41 -
AND, PROVIDED FURTHER, that it is expressly understood and agreed
that Richard S. Bartley, his.heirs, assigns and successors in title shall
indemnify and hold harmless the City of Virginia Beach, its agents and
employees, from and against all claims, damages, losses and expenses
including reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of such
temporary encroachment.
AND, PROVIDED FURTHER, that nothing herein contained shall be
construed to enlarge such permission and authority to permit the maintenance
or construction of any encroachment other than those specified herein and to the
limited extent specified herein, nor to permit the maintenance or construction
of any encroachments by anyone other than Robert S. Bartley, his heirs,
assigns and successors in title.
AND, PROVIDED FURTHER, that the City of Virginia Beach, upon
revocation of such authority and permission so granted, may remove any
such encroachment and charge the cost thereof to Robert S. Bartley, his heirs,
assigns and successors in title and collect the cost in any manner provided
by law for the collection of local or state taxes; may require Robert S. Bartley,
his heirs, assigns and sucessors in title to remove such temporary encroachments;
and pending such removal, the City may charge Robert S. Bartley, his heirs,
assigns and successors in title compensation for the use of such portion of
the easement encroached upon the equivalent of what would be the real property
tax upon the land so occupied if it were owned by Robert S. Bartley, his heirs,
assigns and successors in title; and, if such removal shall not be made within
the time ordered hereinabove by this ordinance, the City shall impose a penalty
in the sum of One Hundred Dollars ($100.00) per day for each and every day that
such encroachment is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the collection of
local or state taxes.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1980.
This ordinance shall be effective from
date of adoption.
42 -
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08/ 25/80
43 -
ITEM II-G.3.b ITEM #15525
Upon motion by Councilman Merrick, seconded by Councilman Baum,
City Council voted to APPROVE Ordinances authorizing a temporary
easement into a City 40-feet drainage and canal easement in the
Subdivision of Chelsea in behalf of Lynnhaven Dredging, Inc. for:
L. R. Van Den Berg - 1832 Duke of York Quay
Paul L. Perrell - 1840 Duke of York r,)Uay
L. Graham Field - 1846 Duke of York Quay
F. Stanley Porter - 1839 Duke of Norfolk Quay
subject to:
1. The property owners agree to remove the
improvements if necessary; and,
2. The City of Virginia Beach be held harmless
of any liability.
AND DEFERRED INDEFINITELY the Ordinance to authorize a temporary
easement into a City 40-feet drainage and canal easement in the
Subdivision of Chelsea in behalf of Lynnhaven Dredging, Inc. for:
Randolph Savage - 1859 Duke of York Quay
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
4 4-
Requested by Public Works Department
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A CITY 40 FOOT DRAINAGE
loss AND CANAL EASEMENT IN THE SUBDIVISION OF
CHELSEA.
p4ri238
BE IT ORDAINED BY THE CCUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained
in Section 15.1-893, Code of Virginia, 1950, as amended, L. R. Van Den Berg,
1832 Duke of York Quay, Virginia Beach, Virginia, is authorized to erect and
maintain a temporary encroachment in a City 40' drainage and canal easement located
adjacent to his property.
That the temporary encroachment herein authorized is for the purpose
of erecting and maintaining a bulkhead and pier and that said bulkhead and pier
shall be erected and maintained in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and location, and further
that such temporary encroachment is more particularly described as follows:
An area of encroachnent into a portion of the City's
drainage and canal easement as shown on that certain
plat entitled: "Proposed Bulkhead In Chelsea, Va. Beach,
Virginia, Application by L. R. Van Den Berg," a copy of
which is on fi@le in the Departnent of Public Works, City
of Virginia Beach, to which reference i,s made for a more
particular description.
PROVIDED, HOWEVER@ that the temporary encroachment herein authorized shall
tenninate upon hotice by the City of Virginia Beach to L. R. Van Den Berg, his heirs,
assigns or successors in title and that within ninety (90) days after such notice is
given, said bulkhead and pier shall be removed from the City 40' drainage and canal
easement by L. R. Van Den Berg, his heirs, assigns or successors in title and that
L. R. Van Den Berg, his heirs, assigns or successors in title shall bear all costs
and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed that
L. R. Van Den Berg, his heirs, assigns or successors in title shall indemnify and
hold harmless the City of Virginia Beach, its agents and employees, from and against
all claims, damages losses and expens@es, including reasonable attorney's fees
08/25/80
45 -
in case it shall be necessary to file or defend an action arising out of the
location or existence of such bulkhead and/or pier.
AND, PROVIDED FURTHER, that nothing herein contained shall be construed
to enlarge such permission and authority to perinit the maintenance or construction
of any encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance or construction of any encroachments
by anyone other than L.R. -.Van Den Bet-g , his heirs, assigns or successors in title.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
25th day of August , 1980.
This ordinance shall be effective from date of adoption.
Authenticated to be a T,ue Copy of ai Of@icizl lecord of the City
-d.y Of 1980
of Virginia Beach, dated @;le
Cust.dian
Cit y Cl@,l@, Ci.y of Vi,g'.ia Boach
MES:kg
8/11/80
CITY
08/25/80
46 -
Requested by Public Works Departnient
@,@ @, ? 2 4 0
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACMENT INTO A CITY 40 FOOT DRAINAGE
AND CANAL EASEMENT IN THE STJBDIVISION OF
CHELSEA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended, Paul L.
Ferrell, 1840 Duke of York Quay, Virginia Beach, Virginia, is authorized to
erect and maintain a temporary encroachment in a City 40' drainage and canal
easement located adjacent to his property.
That the temporary encroachment herein authorized is for the purpose
of erecting and maintaining a bulkhead and pier and that said bulkhead and
pier shall be erected and maintained in accordance with the City of Virginia
Beach Public Works Department's specifications as to size, aligrinent and location,
and further that such temporary encroachment is more particularly described
as follows:
As area of encroacluent into a portion of the
City's drainage and canal easement as shown on
that certain plat entitled, "Proposed Bulkhead
In Chelsea, Va. Beach, Virginia, Application by
Paul L. Ferrell, " a copy of which is on file in
the Department of Public Works, City of Va. Beach
to which reference is nude for a more particular
description.
PROVIDED, HOWEVER that the temporary encroachment herein authorized
shall terrflinate upon notice by the City of Virginia Beach to Paul L. Ferrell,
his heirs, assigns or successors in title and that within ninety (90) days
after such notice is given, said bulkhead and pier shall be removed from the
City 40' drainage and canal easement by Paul L. Ferrell, his heirs, assigns or
successors in title and that Paul L. Ferrell, his heirs, assigns or successors
in title shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed that
Paul L. Ferrell, his heirs, assigns or successors in title shall indemnify and
08/25/80
47 -
:;,,'G@2084 pari 241
hold harmless the City of Virginia Beach, its agents and employees, from and
against all claims, damaaes losses and expenses, including reasonable attorney's
fees in case it shall be necessary to file or defend an action arising out of
the location or existence of such bulkhead and/or pier.
AND, PROVIDED FURTHER, that nothing herein contained shall be
construed to enlarge such pertnission and authority to permit the rwintenance
or construction of any encroachment other than that specified herein and to
the limited extent specified herein, nor to permit the maintenance or construc-
tion of any encroachnents by anyone other than Paul L. Ferrell, hi8 heirs,
assigns or successors in title.
Adopted by the Council of the City of Virainia Beach, Virginia, on the
25thday of August , 1980.
This ordinance shall be effective from date of adoption.
@ to be a T,ue Copy of an Of"icial Racord of the City
I.,h, dated the --f day of 1980
Custodian
city ci-,@k, City of vi,ginia Bea@h
MES:kg
8/11/80
08/25/80
48-
Requested by the DepartTnent of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCRUACMENT INTO A CITY 40 FOOT DRAINAGE
AND CANAL EASEMENT IN THE SUBDIVISION OF
CHELSEA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained
in Section 15.1-893, Code of Virginia, 1950, as amended, L. Graham Field,
1846 Duke of York Quay, Virginia Beach, Virginia, is authorized to erect and
maintain a temporary encroachmentina City 40' drainage and canal easement located
adjacent to his property.
That the temporary encroachment herein authorized is for the purpose
of erecting and maintaining a bulkhead and pier and that said bulkhead and pier
shall be erected and maintained in accordance with the City of Virginia Beach
Public Works Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly described as
follows:
An area of encroachment into a portion of the City's
drainage and canal easeffent as shown on that certain
plat entitled, "Proposed Bulkhead In Chelsea, Va. Beach,
Virginia, Application by L. Graham Field," a copy of which
is on file in the Virginia Beach Department of Public Works
and to which reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to L. Graham Field,
his heirs, assigns or successors in title and that L. Graham Field, his heirs,
assigns or successors in title shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed
that L. Graham Field, his heirs, assigns or successors in title shall indemnify
and hold harmless the City of Virginia Beach, its agents and employees from and
against all claims, damages losses and expenses, including reasonable attorney's
fees in case it shall be necessary to file or defend an action arising out of
the location or existence of such bulkhead and/or pier.
08/25/80
49 -
p4ri243
AND, PROVIDED FURTHER, that nothing hierein contained shall be con-
strued to enlarge such pennission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the
limited extent specified herein, nor to permit the rmintenance or construction
of any encroachments by anyone other than L. Graham Field, his heirs, assigns
or successors in title.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the25th day of August 1980.
This ordinance shall be effective from date of adoption.
katcd to be a Tue Copy of..n Of.icial Reco,d of t1/29 City
o(V-@@&ledth dayof '1980
Custodian
MES:kg
8/12/80 c4y G,y of vi,gi @,ia Bzach
A rZ C 7,7
CITY A'@0:@:@EY
08/25/80
5 0 -
Requested by Department of PUblic Works
ii
p4i-,i244
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A CITY 40 FOOT
DRAINAGE AND CANAL EASEMENT IN THE
SUBDIVISION OF CHELSEA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof con-
tained in Section 15.1-893, Code of Virginia, 1950, as amended, F. Stanley
Porter, 1839 Duke of Norfolk Quay, Virginia Beach, Virginia, is authorized
to erect and maintain a temporary encroachnent in a City 40' drainage and
canal easement located adjacent to his property.
That the tefnporary encroachment herein authorized is for the
purpose of erecting and maintaining a bulkhead and pier and that said bulk-
head and pier shall be erected and maintained in accordance with the City
of Virginia Beach Public Works Department' s specifications as to size,
alignment and location, and further that such temporary ericroachment is
more particularly described as follows:
An area of encroacinent into a portion of the
City's drainage and canal easement as shown on
that certain plat entitled: "Proposed Bulkhead
In Chelsea, Va. Beach, Virginia, Application by
F. Stanley Porter," a copy of which is on file in
the Virginia Beach Department of Public Works and
to which reference is made for a more particular
descripti on.
PROVIDED, HO@IEVER, that the temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to F. Stanley Porter,
his heirs, assigns or successors in title and that F. Stanley Porter, his
heirs, assigns or successors in title shall bear all costs and expenses of
such removal.
AND PROVIDED, FURTHER, that it is expressly understood and agreed
that F. Stanley Porter, his heirs, assigns or successors in title shall
iridemnify and hold harmless the City of Virginia Beach, its agents and
employees from and agaist all claims, damages losses and expenses, including
reasonable attorney's fees in case it shall be necessary t6 file or defend
an action arising out of the location or existence of such bulkhead and/or
pier.
08/25/80
p4c,;245
AND, PROVIDED FURTHER, that nothing hereib cdntained shall be
construed to enlarge such permission and authority to permit the main-
tenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to pennit the main-
tenance or construction of any encroachments by anyone other than F. Stanley
Porter, his heirs, assigns or successors in title.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 25th day Of August -, 1980.
This ordinance shall be effective from date of adoption.
Authent'@at.d t. be a T,.e Copy oi an oilicial Record of the City
of
Vi,ginia Beach, da@.d t@e day of 1980
Custodian
C::,i Vi,gii,i, B@ -.Ch
MES:kg
8/14/80
j
I"pw
...............
B@
08/25/80
-5 2-
REQUESTED BY: Public Works Department
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A CITY 40-FOOT DRAINAGE
AND CANAL BASEMENT IN THE SUBDIVISION OF
CHELSEA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
Dr. Randolph Savage, 1859 Duke of York Quay, Virginia Beach, Virginia,
is authorized to erect and maintain a temporary encroachment in a City
401 drainage and canal easement located adjacent to his property.
That the temporary encroachment herein authorized is for the
purpose of erecting and maintaining a bulkhead and pier and that said
bulkhead and pier shall be erected and maintained in accordance with
the City of Virginia Beach Public Works Department's specifications as
to size, alignment and location and further that such temporary encroach-
ment is more particularly described as follows:
An area of encroachment into a portion of the
City's 40-foot drainage and canal easement
designated on that certain plat entitled, "Plan
View Proposed Bulkhead and Pier," dated February
12, 1980, a copy of which is on file in the
Virginia Beach Department of Public Works and to
which reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia Beach to
Dr. Randolph Savage, his heirs, assigns or successors in title and that
within ninety (90) days after such notice is given, said bulkhead and
pier shall be removed from the City 40-foot drainage and canal easement
by Dr. Randolph Savage, his heirs, assigns or successors in title and
that Dr. Randolph Savage, his heirs, assigns or successors in title
shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and
agreed that DR. RANDOLPH SAVAGE, his heirs, assigns or successors in
title shall indemnify and hold harmless the City of Virginia Beach,
its agents and employees from and against all claims, damages, losses
and expenses, including reasonable attorney's fees in case it shall
-5 3-
be necessary to file or defend an action arising out of the location
or existence of such bulkhead and/or pier.
AND, PROVIDED FURTHER, that nothing herein contained shall be
construed to enlarge &uch permission and authority to permit the maintenance
or construction of any encroachment other than that specified herein and
to the limited extend specified herein, nor to permit the maintenance or
construction of any encroachments by anyone other than Dr. Randolph
Savage, his heirs, assigns or successors in title.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of , 1980.
This Ordinance shall be effective from date of adoption.
DEFERRED INDEFINITELY
-5 4-
ITEM II-Gi3.c ITEM #15526
Mr. W. M. Harris appeared in his own behalf
Upon motion by Co'uncilman Merrick, seconded by Vice Mayor Heischober,
to DENY the Ordihance to authorize a temporary encroachmeftt into a
portion of the right-of-way of 44th Street to William M. Harris.
SUBSTITUTE MOTION made by Councilman Baum, seconded by Councilwoman
Oberndorf, City Council voted to APPROVE the Ordinance to authorize
a temporary encroachment into a portion of the right-of-way of 44th
Street to William H. Harris subject to working with the City Staff
leaving the temporary encroachment until the curb and gutter installation
(agreed to by the applicant) can be made.
An Ordinance of encroachment into a portion of the City's
right-of-way known as 44th Street, designated as '5-foot
easement for fence,' as shown on that certain plat entitled,
'Encroachment Survey For Wooden Rail Fence, Lots 19 and 20,
Section A, Cavalier Shores for William M. and Roberta M.
Harris,' a copy of which is attached hereto and on file in
the Department of Public Works, Municipal Center, Virginia
Beach, Virginia.
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
equeste,J by Public Works Department
-55-
AN ORDINANCE TO AUTHORIZE A TETIPORARY
ENCROACHtIENT INTO A PORTION OF THE
RIGHT-OF-WAY OF 44TH STREET TO WILLIAM
M. H@t)@4
2 3 2
loss k i
BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Dursuant tb the authority and to the extent thereof contained
in Section 15.1-893, Code of Virginia, 1950, as ainended, Williarn M. Harris is
authorized to erect and maintain a temporary encroachment in the City right-of-
way of 44th Street.
That the temporary encroachnent herein authorized is for the ourpose
of erecting and maintaining a fence adjacent to his property located at 110 44th
Street; and that such fence shall be erected and maintained in accordance with
the City of Virginia Beach Planning Departnent's specifications and approval as
to size, aligrunent and location and is more oarticularly described as follows,
to wit:
An area of encroachment into a portion of the
City's right-of-way known as 44th Street, designated
as "5' easement for fence," as shown on that certain
i)lat entitled, "Encroachment Survey For Wooden Rail
tence, Lots 19 and 20 Section A, Cavalier Shores for
William M. and Roberta @l. Harris," a copy of which is
attached hereto and on file in the Department of Public
Works, Municipal Center, Virginia Beach, Virginia.
PROVIDED, HOWEVER, that the ternporary encroachment herein authorized
shall terninate upon notice by the City of Virginia Beach to Vlilliam M. Harris,
his heirs, assigns or successors in interest and that within sixty (60) days
after such notice is given, such teMDorary encroachment shall be removed from
the City right-of-way of 44th Street by William M. Harris, his heirs, assigns or
successors in interest and that William M. Harris, his heirs, assigns, or successors
.In interest shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed
that William M. Harris, his heirs, assigns or successors in interest shall
08/25/80
5 6 -
indemnify and hold hamless the City of Virginia Beach, its agents and
employees, from and against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such temporary
encroachment.
AND, PROVIDED FURT[IER, that nothing herein contained shall be
construed to enlarge such pennission and authority to pemit the maintenance
or construction of any encroachment other than those specified herein and to
the limited extent specified herein, nor. to permit the maintenance or
construction of any encroachments by anyone other than William M. Harris,
his heirs, assigns or successors in interest.
AND, PROVIDED FURTHER, that the City of Virginia Beach, upon revocation
of such authority and pemission so granted, may remove any such encroachment
and charge the cost thereof to William M. Harris, his heirs, assigns or
successors in interest and collect the cost in any manner provided by law for
the collection of local or state taxes; may require William M. Harris, his
heirs, assigns or successors in interest to remove such temporary encroachment;
and pending such removal, the City may charge William M. Harris, his heirs,
assigns or sucessors in interest compensation for the use of such portion
of the street encroached upon the equivalent of what would be the real property
tax upon the land so occupied if it were owned by William M. Harris, his heirs,
assigns or successors in interest; and, if such removal shall not be made
within the time ordered hereinabove by this ordiance, the City shall impose a
penalty in the sum of one hundred dollars ($100.00) per day for each and every
day that such encroachment is allowed tb continue thereafter, and shall collect
such compensation and penalties in any manner provided by law for the collection
of local or state taxes.
Adopted b@ the.Counci,l@of the City of Virginia Beach, Virginia,
on the 25th day of -@st 19 80
Thisloi,dinance sliall,be effective from date
MES/ih g@RE4@. T,,e Copy of an Of;;@i.1 Record of t6 C4
5/23/80 of Virginia Beach, dated 0
f
i,.Qinia Boach Ci Fy A
08/25/80
@INIA: In the Clek's, O@ii@ ol th@ Ci,,uit Cou,i o/ Viginia Beach.....I.@ ..... day
19 t this inst,u.ent a , c
5 7 -
0 R D I N A N C E S
ITEM II-H.l.a ITEM #15527
Upon motion by Councilman Merrick, seconded by Councilman Baum,
City Council voted to APPROVE the Ordinance to amend and reordain
Chapter 31 of the City Code of the City of Virginia Beach relat-
ing to borrow pits:
Four additional words were read by the Clerk to be added to Para-
graph (a) of Chapter 31.1:
.'necessarily incidental to and"
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
5 8 -
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 31
OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO BORROII PITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 31 of the Code of the City of Virginia Beach, Virginia,
is amended and reordained as follows:
Chapter 31. Borrow Pits and Erosion and Sediment Control
Article I - Borrow Pits
Section 31.1 Definition
Borrow Pit - Any operation involving the breaking or distrubing of the
surface soil or rock where the primary purpose of the operation is to
facilitate or accomplish the extraction or removel of sand, soil,
gravel, fill, or other similar material (rather than to produce the
hole from which the material comes) and to transport the material or
cause it to be transported off the site of the borrow pit operation.
Specifically exempt from this definition are the following:
(a) Any excavation for roads, drainage, or similar features
necessarily incidental to and in accordance with the
approved construction plans for a residential subdivision
or other similar development activity, even though the
excavated material may be hauled offsite or sold;
(b) Any excavation for the purpose of conducting a bona fide
agricultural operation, including but not limited to
excavations to improve drainage, provide watering facili-
ties for livestock, or create a holding lagoon for animal
waste;
(c) Any excavation which is less than 10,000 square feet in area
and less than 1,000 cubic yards in volume;
(d) Any trench, ditch or hole for utility lines, drainage pipes
or other similar public works facilities or projects wliere
the excavation is in accordance with the approved construction
plans.
Section 31.2 Excavation Permit Required
It shall be unlawful for any person to operate a borrow pit without
first obtaining an excavation permit to do so from the Department of
Public Works.
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-59 -
Section 31.3 Conditional Use Permit Required
Borrow pits shall be allowed only in those zoning districts where
permitted by the Comprehensive Zoning Ordinance. The Department of
Public Works shall not issue an excavation permit for any proposed
excavation for which a conditional use permit has not been granted by
the City Council.
Section 31.4 Filing Application for Excavation Permit Required
After approval by the City Council of a conditional use permit for a
borrow pit, the owner of record shall cause to be filed with the
Department of Public Works an application for an excavation permit.
The application fee shall be fifty dollars ($50.00). The application
shall include the following:
1. The name and address of the owner of the property affected.
2. The names and addresses of owners of all property abutting
property for which excavation permit is sought.
3. If applicant or owner is a corporation, the names and
addresses of its corporate officers and registered agent.
4. An aerial photograph of the area to be excavated with the
boundaries of such area clearly delineated.
5. A copy of the current recorded survey or plat, if available,
prepared by an engineer or land surveyor, certified by the
commonwealth, drawn to a scale of iiot less than one inch
equals two hundred feet, submitted in five copies.
6. The boundaries of the area to be excavated by courses and
distances;
7. The current field topography including the location of all
water courses;
8. The means of vehicular access to the proposed excavation;
9. A cross section of any banks or walls to be established
through the process Of Excavating;
10. The number of cubic yards to be excavated;
11. The areas proposed for the storage of overburden and other
spoil during the process of excavating;
12. The proposed date on which excavating will commence, the
proposed date on which the excavation will be completed and
the proposed date that all required restoration measures
are to be completed;
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13. The location of all haul roads leading to public streets and
highways within the area;
14. A statement listing the public streets and highways to be
used as haul routes;
15. The location of all test wells and depth of borings, where
required. These shall be within the setback requirements
of this chapter and location of test wells adjacent to
residential areas shall be subject to approval of the
Department of Public Works;
16. A restoration plan as required by this chapter;
17. An erosion and sedimentation control plan.
Section 31.5 Filing Surety Bond - Issuance of Permit to Excavate
After review and approval of the excavation permit application the
owner of record shall cause to be filed with the Department of Public
Works a surety bond. The conditions of such bond shall be for the
faithful performance of the requirements of this chapter, in an amount
not greater than one thousand dollars ($1,000.00) per acre (but may be
reduced to an amount based on costs associated with an approved
restoration plan as required by this chapter) and in no case less than
five hundred dollars ($500.00) per acre or part thereof for each acre
to be excavated. Upon acceptance of this bond by thE: Department of
Public Works, the owner shall be exempt from posting any bond for
erosion and sedimentation control in connection with this operation,
but shall not be exempt from submitting an erosion and sedimentation
control plan as required. Such bond shall be filed prior to the
issuance of an excavation permit by the Department of Public Works.
Such surety shall be a duly licensed bonding company authorized to do
business in the commonwealth. Upon submission and acceptance of the
bond, the Director of Public Works shall notify the City Engineer in
writing to issue the excavation permit and cause surveillance of the
work as it is performed. Such bond shall not be released until all
provisions of this chapter are complied with.
The Department of Public Works shall periodically inspect the
excavation sites to insure that this chapter and other provisions as
required by the City Council are being complied with.
Section 31.6 Lapse; Transfer
(a) In the event that the conditional use permit becomes void before
being activated as provided in Section 220(g) of the
Comprehensive Zoning Ordinance, then the excavation permit shall
also become void.
(b) No excavation permit issued hereunder may be transferred to
another person without approval by the Department of Public
Works; such approval to be granted in the same manner as for
original applications.
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(c) The excavation permit as issued by the Department of Public Works
shall expire five years from date of issuance. Providing the
applicant has not exceeded the quantities of his original
permit, the applicant may reapply to the Department of Public
Works for an extension of time by providing the following
information:
1. Cross sections submitted by an engineer or land
surveyor, certified by the commonwealth showing amount
of excavation from borrow pit.
2. Verification by the Commissioner of Revenue that the
owner of the property has paid fees for material
previously excavated.
Section 31.7 Registration of Existing Excavation
Within sixty days of the enactment of this chapter, the owner of
record of any excavation in the city from which material is being sold
as borrow materi al shal 1 cause to be f i led with the Director of Publ ic
Works the following information:
(a) Identification plat, prepared by an engineer or land
surveyor certified by the commonwealth, drawn to scale of
not less than one inch equals two hundred feet, submitted in
five copies, to the Department of Public Works.
(b) The number of acres that have been excavated and the number
to be excavated.
(c) The number of cubic yards remaining to be excavated.
(d) Date of inception of operation.
(e) Ordinance or authority under which the excavation is being
conducted.
(f) Name of owner of land.
(g) Name of operator of excavation.
(h) Topographic section of existing pit.
Failure to comply with the requirements of this section shall operate
automatically to cancel any previously granted excavation permit.
Section 31.8 Fee for Removal and Sale of Borrow Material
The owner or operator of each excavation in the city shall pay the
city semiannually a fee of thirteen cents (13cts) per cubic yard for
each cubic yard of material removed during the preceeding semiannual
period after the date of adoption of this chapter. The fee shall be
based on loose volume rather than bank volume. A copy of all existing
contracts shall be filed with the Director of Finance within thirty
days after the effective date of this chapter. At the completion of
08/25/80
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each semiannual period following the adoption of this chapter, the
owner of such excavation shall cause to be filed with the Director of
Public Works a statement certifying the number of cubic yards of
material removed from the area undergoing excavation during the
preceding six month period in order that the appropriate tax may be
assessed by the Commissioner of Revenue. Cross sections shall be
required to be submitted annually, prepared by a certified engineer of
land surveyor, unless waived by the Department of Public Works.
Section 31.9 Restoration Plans
The restoration plan required to be filed with the application for
excavation permit shall include the following elements:
(a) General plan for restoration. A general land use plan for
the parcel of property wherein the excavation will be
conducted shall be prepared. This plan shall be in the form
of an overlay for the aerial photograph as required in
paragraph (b) of Section 31.2. It shall show the areas to
be left in an inundated state, the proposed pattern of land
use around inundated areas and all areas where
supplementary planting is to carried out.
(b) Restoration contour plat. A restoration contour plat shall
be prepared on the same basis as the identification plat
required in Section 31.5. It shall show the proposed
topography of the parcel of land that will be excavated for
a distance of at least two hundred feet from the edge of all
excavated areas or to all external property lines that are
within two hundred feet of such area. Such contour plat
shall have a contour interval of two feet or less.
(c) Description of restoration methods for renewal of topsoil
and replanting. A description of the methods and materials
proposed for restoration of all areas that are not
inundated shall be submitted. It shall specify the amount
and type of planting, the depth to which topsoil is to be
spread and the amount of fertilizer to be applied.
(d) Minimum slope of banks. All slopes around the edge of the
excavated areas shall be left with a slope no greater than
three feet horizontal to one foot vertical except that the
Director of Public Works may authorize a slope of one foot
horizontal to one foot vertical from a depth of fourteen
feet below the elevation of the designed water surface of
borrow pits that will be excavated to a depth greater than
twenty feet.
(e) Leveling of bottom area. The bottom of all excavated area
shall be left in a level state regardless of whether
inundated or not.
(f) Topsoil restoration and planting. Topsoil restoration and
planting shall be in conformance with the City of Virginia
Beach erosion and sediment control requirements and
specifications.
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(g) Damage to public street due to hauling. The applicant shall
submit as a part of his application a statement of the
methods to be used to maintain or repair any public street
or highway to be used for hauling purposes. The Department
of Public Works shall determine the acceptability of the
methods proposed by the applicant and if deemed necessary
shall require posting of a bond to insure against road
damage due to the hauling.
(h) Fencing requirements. Where deemed necessary by the
Director of Public Works, the applicant or operator shall
be required to erect a chain link type fence around the
perimeter of the area to be excavated or being excavated.
Such fence shall be erected to a height of six feet and
shall completely encircle such excavation. All gates and
other entrances shall be kept locked at all times when not
in use.
(i) No pit shall be abandoned unless the owner has requested a
final inspection from the Department of Public Works and
has submitted a final "as built" plat drawn by a certified
engineer or land surveyor and received a final release in
writing from the Director of Public Works at which time the
surety shall be released.
Section 31.10 Setbacks for Farm Ponds and Drainage Ponds
The edge of any excavation for farm pond or drainage ponds shall be
located at least twenty-five feet from any exterior property line and
at least one hundred feet from all existing or proposed public streets
and highways.
Section 31.11 Penalty for Violation of Chapter
Any person violating any provisions of this chapter or who fails or
refuses to obtain the permit required herein shall be guilty of a
misderfteanor and upon conviction thereof shall be fined not less than
fifty dollars ($50.00) nor more than five hundred dollars ($500.00)
for each separate offense, and each succeeding day in which a
violation occurs or continues shall be deemed a separate offense under
this chapter.
APPROV AS TO CO@ITENTS
') .
SiGN4TURE
2
@ENT
APPROVED AS TO FO"A
CITY AT-, OP, N @Y
08/25/80
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ITEM II-H.l.b ITEM #15528
Upon motion by Councilman Baum, seconded by Mayor McCoy, City
Council voted to DEFER for TWO WEEKS (September 8, 1980), the
Ordinance to amend and reordain Division 3 of Article III of
Chapter 2 of the Code of the City of Virginia Beach relating to
the administration of the Basic Pay Plan:
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. KitQhin, 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:
Clarence A. Holland
08/25/80
65-
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
Sec. 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 permanent employee shall be defined as a City
employee who is to be employed in a position for an indefinite time period and who
has completed the required probationary period as provided in Sec. 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
riot as yet completed the required probationary petiod as provided in Sec. 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 demanding similar qualifi-
cations 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.
Sec. 2-34. Employment with the City
(a) Original employment shall be the status of an employee's initial period
of continuous employment with the City of Virginia Beach. An individual beginning
08/25/80
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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 kt)step of.the assigned range
upon recomendation 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) Reemployment 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
reemployed 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 may be made upon recommendation by the employing
authority and approvai of the Director of Personnel. All time 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 reemployment shall be counted.
(c) Reinstatement shall be the status of the returning employee's employment
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 reinstatement 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 annua-1 leave accrual to the nearest pay period.
-2-
08/25/80
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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
employmen't following an original employment or reemployment.
Section 2-36. Changes in Employees Pay.
I (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 may be recommended for an administrative 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 admini-
strative increase does not affect the employee's anniversary date and shall only
be awarded to full-time permanent employ6es.
(b) Merit Increase shall be an increase of two (2) steps within the pay range
of a class that i.s aT.Yarded to an employee upon successful completion of the pro-
bationary period and for each year of successful job performance thereafter until
the maximum step of the salary range is reached. Merit increases may become effec-
tive on or after the employee's anniversary date. This increase is not
automatically awarded, but is given based on job performance. Should a m@rit
increase be delayed, the employee's anniversary date of eligibility for the next
merit increase shall be amended to one 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 de@ined as a two (2) step reduction
within the pay range of a class as disciplinary action fr= the result of un-
satisfactory job performance 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
08/25/80
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(L) step, an employee shall become eligible for consideration for the second
career (M) step. In all cases, employees must first satisfy the time require-
ments established before becoming eligible for advancement to the (L) or (M)
steps e t when an administrative rease is inv A career increase shall
be considered a merit increase transaction when actally 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 recommended 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 permanent or proba-
tional 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 fo=er position. The
effective date of all promotions shall be the first day of the pay period. Em-
ployees who are promoted on their anniversary date and are eligible for a merit
increase may receive a. 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 t@TO stens 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 per-
manent 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
4 08/25/80
69 -
unless the demotion involves assignment 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 time; 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 made pursuant to paragraphs (c) (1) and (c) (2) above and which
may exceed the highest step of the reclassified range for such
@mployee, shall not be deemed 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 depart-
mental 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.
08/25/80
-7 0 -
Section 2-39. Terminations.
(a) Resignation shall be a voluntary separation from employment through
written notification to the employing authority initiated by the employee.
(b) Completion of Temporary @mployment shall be the separation from employ-
ment of a temporary employee who has worked through the last workday the temporary
position is available. Employees separating prior to the last workday shall be
governed by the appropriate separating action.
(c) Retirement shall be the separation of a full-time employee who is
scheduled to begin receiving retirement benefits from the state and/or federal
agencies. Retirement from full-time service with the City is mandatory 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
performance 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 notifi-
cation to the employing authority.
(f) Administrative Termination shall be a separation from employment ini-
tiated by the Director of Personnel on the basis of the employee's failure to
meet minimum qualifications for the position following the actu'al 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 con-
sidered the commencement 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 employee'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
08/25/80
-7 1 -
for a merit increase. The employee's first anniversary date shall generally be
the effective date of permanent status. Thereafter, the anniversary date
shall be one (1) year from last promotion, demotion, merit increase, adminis-
trative decrease or transfer dissimilar to the position vacated. However, I
when career steps are involved, the @ployee's anniversary date shall be three
(3) years from the last promotion, demotion, merit increase, administrative
decrease or transfer dissimilar to th6 position vacated.
Section 2-42. Administration.
The Director of Personnel shall be responsible for administering the
applicatibn of the ordinance and to promulgate rules and regulations
to earry out its purposes,.
Section 2-43. Review and Amendment 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 rec=mendation by the Director of Personnel, p rovided 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 repealed and 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 on September 1, 1980.
Adopted by the Council of the City of.Virginia Beach, Virginia, on the
day of 1980.
DEFERRED FOR TWO WEEKS
(September 8, 1980)
SIG.\IATURE
-@lzsa@CL-
7 DEPAR'l,AENT
7 2 -
ITEM II-H.2.a..l ITEM #15529
Upon motion by Councilman Merrick, seconded by Councilwoman
Oberndorf, City Council voted to APPROVE the Ordinance autho-
rizing the issuance of water and sewer bonds of the City ot
Virginia Beach, in the maximum amount of $46,000,000, subject
to the approval of the qualified voters in a voter referendum
November 4, 1980. (FIRST READING)
VOTING: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, III, Mayor J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and
Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council MemberS Absent:
Clarence A. Holland
08/25/80
-7 3 -
AN ORDINA14CE AUTHORIZING THE ISSUUICE OF
WATER AND SETIER BONDS OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN THE MAXI@, AMOUNT OF $46,000,000, SUBJECT
TO THE APPROVAL OF THE QUALIFIED VOTERS
BE IT ORDA114ED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
1. It is hereby dete=ined to be necessary and expedient for
the Cityof Virginia Beach to continue its capital improvement
programf.o.r its water and sewer system, which will promote the
health and general welfare of the City and its inhabitants and
will facilitate the continued growth and orderly development of
the City, and to finance a portion of the cost thereof through
the borrowing of $46,000,000 and issuing the Cit7's general
obligation bonds therefor additionally secured by a pledge of the
revenues of the water and sewer s7stem.
2. Pursuant to Article VII, Section 1OCa)(.2) of the Constitu-
tion of Virginia, the Charter of the City of Virginia Beach and
the Public Finance Act, as amended, there are hereby authorized to
be issued water and sewer bonds of the City in an amount not to
exceed $46,000,000.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding 40 7ears from their dates, bear interest
at such rate or rates not to exceed 10 % per year, be in such
denomination and form, be executed in such manner and be sold at
such time or times and in such manner as the Council may hereafter
provide by appropriate resolution or resolutions.
4. The water and sewer system is an =dertaking from which
the City may derive a revenue, and such bonds are not to be in-
cluded within the otherwise authorized indebtedness of the Cit7;
provided, however, that frota and after five years from the date of
the election approving the bonds whenever and for so long as the
water and sewer system fails to produce sufficient revenues to
pAy for the cost of operation and administration (.including interest
on bonds issued therefore), and the cost of insurance against loss
08/25/80
-7 4-
2.
by injury to persons or property, and an annual amo=t to be placed
into a sinking fund sufficient to pay the bonds at or before maturity,
all outstanding bonds issued on account of such undertaking shall
be included in determ-ining the limitation of the power of the
City to incur indebtedness.
5. The bonds shall be ge-neral obligations of the City for
the pa7ment of principal of and interest on which its full faith
and credit, as well as the net revenues from its water and sewer
system, shall be irrevocably pledged.
6. The bonds shall not be issued until approved by a majority
of the qualified voters of the City voting on the question of
their issuance at an election to be held in the City.
7. The City Clerk is hereby authorized and directed to
cause a certified copy of this ordinance to be presented to the
Circuit Court of the City of Virginia Beach, Virginia, which is
hereb7 requested to order an election to submit to the qualified
voters of the City the question of the issuance of the bonds
provided for herein.
8. This ordinance shall be in full force and effect from
its passage.
Adopted by the Council of the CLty of Virginia Beach, Virginia,
on the day of August, 1980.
FIRST READING: August 25, 1980
Approved:
SECOND READING:
Mayor, City of Virginia Beach,
Virginia
APPIZOVED AS T6 CONTEt4T
SIGNATUKt
DEPARTMENT
,-,Appi ' T@ r!,7m
.ZCI@ED AI
-7 5 -
ITEM II-H.2.a.2 ITEM #15530
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Baum, City Council voted to APPROVE the Ordinance authorizing
the issuance of road bonds of the City of Virginia Beach, ini
the maximum amount of $22,900,000, subject to the approval of
the qualified voters in a voter referendum November 4, 1980.
(FIRST READING)
The City Manager advised City Council two errors exist in the
detail sheets provided on the highway project. A copy of the
City Manager's letter of August 25, 1980, is here made a part
of these proceedings and the following correctiona are noted:
General Booth was said to run from " . . . Farm Road
to Sandbridge Road." It should read from
Farm Road to Princess Anne Road."
Bonney Road, in its justification, contained the
sentence: The extension of Constitution Drive will
relieve traffic congestion on Independence Boule-
vard. This sentence should be deleted.
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
-7 6-
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
ROAD BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
IN THE MAXIMLJM AMOUNT OF $22,900,000, SUBJECT
TO THE APPROVAL OF THE QUALIFIED VOTERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
1. It is hereby dete=ined to be necessary and expedient
for the City of Virginia Beach to undertake a program of road
construction and improvement, including the acquisition of rights-
of-way and construction of curbs, gutters, sidewalks, bridges and
sto= drainage facilities, which will promote the development and
public welfare of the City, and to finance the cost thereof
through the borrowing of $22,900,000 and issuing the City's general
obligation bonds therefor.
2. Pursuant to the Charter of the City of Virginia Beach
and the Public Finance Act, as amended, there are hereby authorized
to be issued road bonds of the City in an amount not to exceed
$22,900,000. The bonds may be issued as a separate issue or may
be combined with bonds authorized for other purposes and issued
as a part of a combined issue of public improvement bonds.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding 40 years from their dates, bear interest
at such rate or rates not to exceed the maxiTniTm rate authorized
by law at the time the bonds are sold, be in such denomination and
form, be executed in such manner and be sold at such time or times
and in such manner as the council may hereafter provide by appro-
priate resolution or resolutions.
4. The bonds shall be general obligations of the Cit7 for
the payment of principal of and interest on which its full faith
and credit shall be irrevocably pledged.
5. The bonds shall not be issued until approved by a majority
of the qualified voters of the City voting on the question of their
issuance at an election to be held in the City.
08/ 25/80
-7 7 -
2
6. The City Clerk is hereby authorized and directed to cause
a certified copy of this ordinance to be presented to the Circuit
Court of the City of Virginia Beach, Virginia, which is hereby
requested to order an election to submit to the qualified voters
of the City the question of the issuance of the bonds provided
for herein.
7. This ordinance shall be in full force and effect from
its passage.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of August, 1980.
FIRST READING: August 25, 1980 Approved:
SECOND READING:
Mayor, City of Virginia Beach,
Virginia
APPROVED AS TO CONTENT
SIGNATUPE
DEPARTM-NT
AP
!6 TO
0-8/25/80
- 7 8 -
ITEM II-H.2.b ITEM #15531
Councilwoman Reba McClanan advised of her resignation as a member
of the Clean Community Commission and moved the APPROVAL of the
Ordinance, on FIRST READING, to appropriate $5,800 for the Clean
Community System Program:
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
-7 9 -
AN ORD TO APPROPRIATE
ADDITIONAL FUNDS FOR THE
CLEAN SYSTEM PROGRAM
WHEREAS, City Council approved the third year funding of the
Clean CaTmmity SystEm Program on January 21, 1980, and
, the State D t of Conservation and Econanic De-
velo@t, Division of Litter Control, will provide additional third year
funds in the amount of $5,800.
NOW, IM, BE IT OP== BY THE CO=IL OF THE CITY OF
VIRGnM
That the City Manager is hereby authorized to accept the ad-
ditional funds for the City, and funds are hereby appropriated in the &nount
of $5,800 for the Clean Cammnity System Prograin, and
BE IT ORDA= that the appropriat3.ons be f==ced by
$5,800 Estimated Revenue f= the State Departnerit of Conservation and
EcmarLic Develo@t.
F= @ING: August 25, 1980
SECOIM READING:
Adopted by the CaLmcil of the City of Virginia Beach on the
day of , 1980.
This ordinance shall be effective from date of adoption.
APPPOVED AS TO CONIENT
SIC.'4ATURE
D@PAP'ME\T
08/25/80
-80-
ITEM II-I.3 ITEM #15534
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to REAPPOINT Mr. W. S. Fenner to the Personnel
Board for a three year term beginning October 3, 1980 and expiring
October 2, 1983.
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
-8 1 -
A P P 0 I N T M E N T S
ITEM II-1.1 ITEM #15533
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Standing, City Council voted to APPOINT Reverend RuSsell 0- Siler
to the Community Mental Health and Mental Retardation Services
Board to fill the unexpired three year term of Mrs. Catherine
Morrey expiring December 31, 1981.
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, P. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
-82-
ITEM II-H.3.a ITEM #15532
The following bids have been received for the Atlantic Park/
Oceana Gardens Sewer and Water Improvements Project:
Vico Construction $378,771.81
Carter-Bell Corporation 388,708.65
A. Stanley Mundy & Company 407,034.00
Suburban Grading & Utilities 411,434.07
M. E. Wilkins, Inc. 434,282.25
Utility Builders, Inc. 444,085.75
Oliver Septic Tanks 446,903.42
Floyd B. Smith Contracting 470,098.33
Inner-View, Ltd. 529,452.25
A & W Contractors 585,979.50
Engineer's Estimate $508,120.00
Upon motion by Councilman Merrick, seconded by Councilman Ervin,
City Council voted to APPROVE the low bid of Vico Construction,
in the amount of $378,771.81, for the Atlantic Park/Oceana Gardens
Sewer and Water Improvements project.
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
-8 3-
ITEM #15535
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to AUTHORIZE the City Manager to advertise for
bids for the commerical dredging of Rudee Inlet, as discussed in
the Informal Session.
VOTING: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Har6ld Heischober,
Barbara M. Henley, 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:
Clarence A. Holland
08/25/80
-8 4-
ITEM II-J.1 ITEM #15536
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
and by UNANIMOUS VOTE, the meeting adjourned at 9:45 p.m.
Angelid'S. Bunch, Deputy City Clerk
Rufh Hodges Stfith, City Clerk Mayor 'Tu ry M-c Jr
City of Virginia Beach,
Virginia
25 August 1980
asb:mas
Cit@ c>f
Augu-6t 25, 1980
The Honotabte Mayot
Memb@ oi City Coun@
A6 pte,6cAibed by Sec. 2.9 o6 the Code oi the City o4
V@@ia Beach, I heaeby teque,6t that CounciP- meet in
SPECIAL SESSION at 9:00 a.m. Wedne,6day, @uzt 27, 1980,
in the Councit Chamb@, io,% the puapose o@)A@e@tm
(2) 0 ez on Watet/@eA and Road Bond6 6o)L "Second
Reading".
GLH:am
I he)Leby waive my @ght o6 notice:
Ctaxence A. HotZand