OCTOBER 13, 1980 MINUTES
Cit@c>f -Vir-&xi@i@ 13@etc:la
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
14AYOR 1. HENRY M,I;OY JR.. D.D.S., K..P..ill. S.@.gb
ViCE-AtAyOR HAROLD liEtSCHOSER, A, L.,,,
JOHN A. BAUM. B-,*
P. REID ERVIN, A, L-,.
BARBARA M. HENLEY. P..g. 8.-86
CLAREnCE A. HOLLAND. M.D.. B.y.,d. B...Ib
W. H. KTTCHIIY. lit. Vili.i. B-.b B...Ib
REBA S. M,CLANAN. P.-... A-. B.-gb
DONALD W. MERRICK, Ly-b.- B.-gb
MEYERA E. OBERNDORF, A, L.,S. 212 CrrY HALL BUILDING
PATRiCK L. STANDING, A, L-,. MUNICTPAL CENTER
VIRGINIA BSACH, VIRGINIA 23436
RUTH HODGES SMITH. Cily Cl.,& (804) 427-4303
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: 1:,Oo p.m. October 13, 1980
A. CALL TO ORDER - MAYOR J. HENRY MCCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for Discussion by or
2. Matters for Discussion by Council
3. Proposed Change to the Timberlake Land
@se Plan: Discussion.
4. Wisbart Cove Recreation Area: Discussion of
request of residents of Wishart Cove not to
have a neighborhood playground constructed.
5. Pavilion Sunday Closing Exe ion: Discussion
@f item on Formal Agenda.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Tommy Taylor
Pastor
London Bridge Baptist Church
B. PLEDGE OF ALLEGIANCE
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of
6 October 1980
E. RESOLUTION
1. Seventh Annual Virginia Beach Neptune Festival
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.
1. Resolution requesting that the Department of Highways and
Transportation begin to undertake appraisals for rights-of-
way and handle relocation assistance and/or property manage-
ment assistance for the Virginia Beach Boulevard Project.
2. Ordinance to amend Section 8-1 of the Code of the City of
Virginia Beach, Virginia, pertaining to the Virginia Uniform
Statewide Building Code.
3. Ordinance to amend and reordain Section 8-8 of the Code of the
City of Virginia Beach, Virginia, relating to requirements for
contractors license and bond.
4. Ordinance to amend and reordain Section B-17(b) of the Code
of the City of Virginia Beach, Virginia, relating to require-
ments for master electrician license and bond.
5. ordinance to repeal Section 23-47 of the Code of the City of
Virginia Beach related to shuffleboard or pinball machines,
etc. When operation prohibited.
6. Resolution requesting additional funds in the amount of
$15,507 from the Department of conservation and Economic
Development, Division of Litter Control, for the fourth
project year for the virginia Beach Clean Community System
Program.
7. ordinance, on second reading, to appropriate funds of
$125,000 for the Marine Science Museum.
G. PLANNING ITEMS
1. Application of Robert L. Simpson, Sr., for a change of zoning
from A-1 Apartment District to A-3 Apartment District on a
- 7-acre parcel located at the northeast corner of Barberton
Drive and E Street (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
2. Application of David I. Levine, et al, for a change of zoning
from A-1 Apartment District to A-4 Apartment District on a
44.09-acre parcel located between Poinciana Drive and Lynn-
haven Avenue, east of Great Neck Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for denial.
G. PLANNING ITEMS (.continued)
3. Application of Lyle G. and Eunice M. Wermers for a change of
zoning from R-5 Residential District to R-8 Residential
District on a 2.375-acre parcel located at the northeast
corner of South Lynnhaven Road and Pritchard Road (Lynnhaven
Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Coimnission for denial.
4. Application of Cox Cable of Tidewater, Inc. for a conditional
use permit for a cable television communication tower on a
1.120-acre parcel located on the south side of Virginia Beach
Boulevard, west of Phillip Avenue (Lynnhaven Borough).
a. Letter from the City Manager transmits the recormnendation
of the Planning Commission for approval.
5. Application of National Pride Equipment, Inc. for a conditional
use permit for a car wash on a .63-acre parcel located on the
south side of Laskin Road, west of Village Drive (Lynnhaven
Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
6. Application of Solar Wash, Inc. for a conditional use permit
for a car wash on a .76-acre parcel located between Virgihia:
Beach Boulevard and Holland Road, west of Brian Avenue
(Bayside Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
H. ORDINANCES
1. CODE AMENDMENTS
a. ordinance to amend Article VII of the Code of the City
of Virginia Beach by adding Section 2-85.3 establishing
and authorizing relocation payments relating to real
property acquisition for City road projects. This matter
was deferred for one week on October 6, 1980, to correct
a minor error in form.
b. Ordinance to amend Section 37-11(b) of the Code of the
City of Virginia Beach, Virginia.
C. Ordinance to establish an emergency water allocation and
rate plan.
d. Ordinance to amend and reordain Sections 7-4, 7-5, 7-7,
7-8 and 7-9 of the Code of the City of Virginia Beach
pertaining to bicycle license and registration.
e. Ordinance authorizing certain events conducted on City
property to be exempted from the prohibiti6n from working
or transacting business on Sunday.
H. ORDINANCES (continued)
2. FIRST READINGS
a. Ordinance to appropriate $295,000 from the General Fund
Balance to the Fiscal Year 1981 Operations Budget for the
Rudee Inlet Sand Trap Dredging Project.
b. Ordinance appropriating Five Million, Two Hundred
Thousand Dollars ($5,200,000) for various schools, high-
way and engineering projects, buildings, and parks and
recreation projects (Revenue Sharing Allocations).
I. APPOINTMENTS: BOARDS/COMMISSIONS
J. OLD BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
13 October 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, 13 October
1980, at one o'clock in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Mayor J. Henry McCoy, Jr., Reba S. McClanan, Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Absent:
Donald W. Merrick
ITEM #15702
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, promotioIn, demotion, salaries, discipline or
resignation of public officers, or employees of any public
body. (Personnel Matters).
2. Discussion'or consideration of the condition, 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 briefing 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).
2-
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to proceed into the 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, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
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M A T T E R S B Y T H E M A Y 0 R
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ITEM #15703
Mayor McCoy made reference to a news article regarding the water shortage,
and asked the City Manager what the City was doing concerning the equitable
billing of water to the citizens.
The City Manager advised Council that when the City passed the rate increase
imposed by the City of Norfolk, it was easier to pro-rate the bills so all
individuals using City water would receive the rate increase based on tbe
amount of water used when the rate increase went into effect, an that it
would be virtually impossible to read 60,000 meters at one time.
It was suggested, in order for all meters to be read and billed at one
time, Public Utilities should employ additional personnel, and if over-
time is required that it be granted in order to read all meters at least
within a few days time. If necessary, Council could authorize an emergency
appropriation to provide the funds necessary for the additional personnel.
ITEM #15704
The following item will be discussed in the FORMAL SESSION:
Pavilion Sunday Closing Exemption
ITEM #15704(a)
Discussion of the Wishart Cove Recreation Area was postponed until the
Council Meeting of 20 October 1980.
I N F 0 R M A L S E S S I 0 N
ITEM #15705
The City Manager advised Council the proposed change to the "Timberlake"
Land Use Plan should have read: Proposed Change to the GREEN RUN LAND
USE PLAN.
The City Manager discussed with Council changes to this Plan with regards
to a proposed gasoline station site owned by the Texaco Oil Company on the
corner of Lynnhaven Parkway and Princess Anne Road.
City Council recessed into EXECUTIVE SESSION, (1:30 p.m.)
- 4-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
2:10 p.m.
Vice Mayor Heischober, temporarily presiding, called the Formal Session
of City Council to order at 2:10 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Absent:
Donald W. Merrick
INVOCATION: Reverend Tommy Taylor, Pastor
London Bridge Baptist Churcb
PLEDGE OF ALLEGIANCE
Mayor McCoy entered Council meeting at 2:20 p.m.
- 5-
M I N U T E S
ITEM II-D;L ITEM #15706
Upon motion by Councilman Standing, seconded by Councilman Holland, CitY
Council voted to DEFER FOR ONE WEEK approval of the Minutes of 6 October
1 9 80 .
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
- 6-
R E S 0 L U T I 0 N
ITEM #15707
The Regular Meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, City Hall Building,
on the Thirteenth day of October, 1980.
On motion by Councilman Holland, seconded by Councilman
Standing, tbe following Resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the Seventh Annual Virginia Beach Neptune Festival
was a resounding success, as judged by attendance and by the quality
of the entertainment and cultural events; and,
WHEREAS, the Seventh Annual Virginia Beach Neptune Festival,
with its emphasis upon the wealth of the resources of the people of the
City of Virginia Beach, contributes to our sense of Community; and,
WHEREAS, countless numbers of citizens of the City of Virginia
Beach volunteer their time, their efforts, their skills and their
enthusiasm in order to create this Festival for the enjoyment of all of
us; and,
WHEREAS, the participants in the Festival also contribute in
their own way to the sense of accomplishment that we all feel at the
conclusion of this successful Festival; and,
WHEREAS, the Neptune Festival Committee and Event Chairman
planned and executed the Festival events in such a way that their
volunteer efforts deserve special recognition,.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City of Virginia commends, applauds, and thanks all
of those citizens who volunteered of themselves to make the Seventh
Annual Virginia Beach Neptune Festival such a joyous and futifilled
festival for all of us.
7-
The following appeared regarding the Resolution:
Miss Starr Sbotwell, Executive Director
Clinton Shanks, Chamber of Commerce
Robert Fentress, Chairman
Curtis Catron, Vice-Chairman
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to ADOPT the Resolution thanking tbe Neptune
Festival Committee and all citizens who volunteered of themselves to
make the Seventh Annual Virginia Beach Neptune Festival a joyous and
funfilled festival for the City of Virginia Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
8-
ITEM II-E.2 ITEM #15708
RESOLUTION REQUESTING THE GOVERNOR OF THE
COMMONWEALTH OF VLRGINIA TO DECLARE A STATE
OF EMERGENCY ON WATER RESOURCES FOR THE CITY
OF VIRGINIA BEACH, VIRGINIA
WHEREAS, the users of water in the Norfolk system have
reduced consumption from 85 MGD to approximately 50 MGD through
conservation methods; and,
WHEREAS, furtber conservation measures will be necessary
effective November 1, 1980, without substantial rainfall; and,
WHEREAS, as of October 13, 1980, at current consumption
rates, the' Norfolk water supply sy.stem serving Norfolk, Virginia
Beach, a portion of Chesapeake, and the United States Navy has
approximately 84 days supply; and,
WHEREAS, additionally, the only feasible engineering
solution to provide additional water is the installation of deep
wells adjacent to Norfolk reservoirs on the City of Norfolk's
property located in Suffolk and Isle of Wight; and,
WHEREAS, installation of said wells will take approximately
100 days to construct and have operational; and,
WHEREAS, :SSince an emergency exists and time is of the
essence, sufficient time to explore a legal Resolution of the rights
of the parties to subterranean water is not possible now but should
be pursued forthwith with respect to these wells.
NOW, THEREFORE, BE IT DECLARED that the City Council of
Virginia Beach calls upon the Governor of the Commonwealth of Virginia
to declare a natural disaster to exist, pursuant to Chapter 3.2, Title
44, Code of Virginia, as amended (Emergency Services and Disaster Law),
and use the powers of his Office to assist the local governments in
meeting this Southeastern Virginia water resource shortage and to waive
any local Ordinances not required by State Law.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of October, 1980.
9-
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to ADOPT the Resolution requesting the Governor of the
Commonwealth of Virginia to declare a State of Emergency on water
resources-for the City of Virginia Beach, Virginia.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
-10-
C 0 N S E N T A G E N D A
ITEM II-F ITEM #15709
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council agreed to separate Item numbers II-F.1, II-F.5 and II-F.7 from
the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heiscilober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
-11-
ITEM II-F.2 ITEM #15710
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend Section 8-1 of the Code of the
City of Virginia Beach, Virginia, pertaining to the Virginia Uniform
Statewide Building Code.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin*, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Memb@is Absent:
Donald W. Merrick
Councilman Ervin voiced A,VERBAL "aye".
-1 2-
Requested by: Department of Permits & Inspections
AN ORDINANCE TO AMEND SECTION 8-1
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO THE
VIRGINIA UNIFORM STATEWIDE BUILDING
CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 8-1 of the Code of the City of Virginia
Beach, Virginia, pertaining to the Virginia Uniform Statewide
Building Code, is hereby amended to read as follows:
Section 8-1. Virginia Uniform Statewide Building Code adopted
and filed.
The publication entitled "Virginia Uniform Statewide
Building CQde"i as amended, is hereby adopted and incorporated by
reference into the Code of the City of Virginia Beach.
This ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of virginia Beach,
Virginia, on 13 October 1980
RJN/cj/cb
9/2/80
9/2 5/8 0
(B)
APPROVED AS TO CONTENT
D@PARTtA'@NT
CiT,
10/13/80
- 1 3 -
ITEM II-F.3 ITEM #15711
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend and reordain Section 8-8 of the
Code of the City of Virginia Beach, Virginia, relating to Require-
ments for Contractors License and Bond.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin*, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
Councilman Ervin voiced a VERBAL "aye".
1 4-
Requested by: Department of Permits and Inspections
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 8-8 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO REQUIREMENTS FOR CONTRACTORS LICENSE
AND BOND
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 8-8 of the Code of the City of Virginia Beach,
Virginia, is hereby amended to read as follows:
Section 8-8. Permits.
(a) When required.
Any owner, authorized agent or contractor who desires to
construct, enlarge, alter, repair, move, demolish or change
the occupancy of a building or structure or to erect, construct,
enlarge, alter, repair or move a sign of any description or to
install a steam boiler, furnace, heater, incinerator or other
heat producing apparatus or other appurtenances, the install-
ation of which is regulated by this Code or to cause any such
work to be done, shall first make application to the Building
Official and obtain the required permit therefor.
(b) Application contents.
All drawings, specifications and accompanying data shall
bear the name and address of the designer. In the case
of buildings or structures exceeding two stories in height
or five thousand square feet in area, except one and two
family dwellings, such designer shall be an architect or
engineer legally registered under the laws of the State
regulating the practice of architecture or engineering and
shall affix his official seal to such drawings, specifications
and accompanying data.
-1 5-
(c) Contractors license and bond required.
It shall be the duty of every contractor or builder, who
shall make contracts for the erection or construction or
repair of buildings for which a permit is required, in the
City, and every contractor or builder making such contracts
and subletting the same or any part thereof, to pay a license
tax as provided in Chapter 20 and to register his name in a
book provided for that purpose, with the Building Inspector,
giving full name, residence and place of business and in case
of removal from one place to another in the City to have made
corresponding change in such register accordingly. it shall
be the further duty of every such person contracting to work,
other than those registered with the Commonwealth of Virginia
as Class "A" or Class "B" contractors, pursuant to Chapter 7
of Title 54 of the Code of Virginia, 1950, as amended, to give
good and sufficient bond in the sum of Five Thousand Dollars
($5,000), to be approved by the City Attorney, conditioned to
conform to the building regulations, the regulations of this
Section and other Ordinances of the City in reference to
buildings.
(d) Suspension and revocation of contractor's bond.
The building official or the Board of Appeals shall have
the Authority to suspend temporarily any building con-
tractor's bond for failure to correct faulty work, doing
construction work without a permit or for any other good
and sufficient cause.
The Board, upon the affirmative vote of three of its members,
may revoke or annul any contractor's bond for repeated failure
to comply with instructions of the building official for
repeatedly undertaking construction work without a permit
or other violation of this Chapter.
-1 6-
(e) Suspension or revocation not a bar to prosecution.
Nothing in this Division shall be construed as a bar
to prosecute for any violation of the Virginia Uniform
Statewide Building Code or this Code.
This Ordinance shall be effective upon date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of October, 1980
- 1 7-
ITEM II-F.4 ITEM #15712
Upon motion by Councilman Sta@ding, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend and reordain Section 8-17(b) of
the Code of the City of Virginia Beacb, Virginia, relating to Require-
ments for Master Electrician License and Bond.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin*, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
Councilman Ervin voiced a VERBAL "aye".
-1 8-
@equested by: Department of Permits & Inspections
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 8-17(b) OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO REQUIREMENTS FOR MASTER ELECTRICIAN
LICENSE AND BOND.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 8-17(b) of the Code of the City of
Virginia Beach, Virginia, is hereby amended to read as
follows:
Section 8-17. Generally.
(b) Each master electrician doing electrical work
within the city, other than those registered with the
Commonwealth of Virginia as class A or class B contractors,
pursuant to chapter 7 of Title 54 of the Code of Virginia, 1950,
as amended, shall give a bond of two thousand dollars, in the
form approved by the city attorney, payable to the city with
surety conditioned to indemnify and save harmless the city as
well as any other person from all expenses and damage that may be
caused by any negligent, defective or inadequate work done in the
city under the certificate of competency issued to him under this
chapter and to secure the payment of inspection fees and permit
fees.
This ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 13 October 1980
APPROVED AS TO CONTENT
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9/2 6/8 0 D@FAF@-,M@NT
(B)
TO F(PPt4
w
-1 9-
ITEM II-F.6 ITEM #15713
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Resoliltion requesting additional funds in the amount
of $15,507 from the Department of Conservation and Economic Develop-
ment, Division of Litter Control, for the Fourth Project Year for the
Virginia Beach Clean Community System Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin*, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
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At a meeting of the Council of the City of
virginia Beach held on the 13th day of
October 1980, the following resolution
was adopted.
R E S 0 L U T I 0 N
WHEREAS, the City Council of the City of Virginia
Beach recognizes that a litter problem exists within our
Community; and
WHEREAS, the Virginia Litter Control Act of 1976
provides, through the Department of Conservation and Economic
Development, Division of Litter Control, for the allocation
of public funds in the form of Grants for the purpose of
enhancing local litter control programs; and
WHEREAS, the City of Virginia Beach requests funds
in the amount of $15,507 to continue a program to combat the
litter problems in our Conununity.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That the City Manager is authorized to submit such
materials to the Virginia Division of Litter Control as may
be required to secure this grant for the City of Virginia
Beach, Virginia.
ADOPTED ON: 13 October 1980
GGD:JDB:er
10-8-80
APPROVED AS TO CONTEt4T
SIGNATURE
DEPARTMENT
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ITEM II-F.1 ITEM #15714
The Regular Meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council C)Iambers of the City on
Thirteenth day of October, 1980.
R E S 0 L U T I 0 N
WHEREAS, an Ordinance adopted by the Council of the City
of Virginia Beach, Virginia, on January 8, 1979, authorized the
acquisition of property in fee simple for right-of-way for Virginia
Beach Boulevard Project; and,
WHEREAS, the Virginia Ddpartment of Highways and Transportation
will undertake to appraise the necessary rights-of-way and handle
relocation assistance and/or property management assistance for the
af6resaid project upon authority to do so from the City of Virginia
Beacb.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Virginia Beach hereby requests the Virginia Department of
Highways and Transportation to appraise the rights-of-way for Project
Number 000-58-134-101, R/W 201, Section C-503 and to handle relocation
assistance and/or property management assistance for the aforesaid
proj ec t .
Upon motion by Councilwoman McClanan, seconded by Councilman Ervin,
City Council voted to DEFER FOR ONE WEEK the Resolution requesting
the Department of Highways and Transportation begin to undertake
appraisals for rights-of-way and handle relocation assistance and/or
property management assistance for the Virginia Beach Boulevard Project.
Voting: 10-0
10/13/80
22-
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
2 3-
ITEM II-F.5 ITEM #15715
Attorney H. Calvin Spain, representing four amusement companies, appeared
in opposition to the proposed Ordinance repealing Section 23-47 of the
City Code pertaining to Shuffleboard or Pinball Machines.
Requested by:
AN ORDINANCE TO REPEAL SECTION 23-47
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, RELATING TO SHUFFLEBOARD
OR PINBALL MACHINES, ETC. WHEN OPERATION PROHIBITED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 23-47 of the Code of the City of Virginia Beach,
Virginia, is bereby repealed.
Section 23-47. Shuffleboard or pinball machines in restaurants, etc.
When operation prohibited.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of October, 1980.
Tbe City Manager advised Council of the reason for recommending repeal
of the Ordinance.
"Originally, the City received a request from Southland
Corporation to amend tbe existing Ordinance to allow
pinball and shuffleboard operation when alcobolic beverages
were not distributed. There was opposition at tbat time,
from this particular group, saying that it was not proper
to allow pinball operation after hours for the legal sale
of alcoholic beverages. In speaking with the Police
Department, this Ordinance was adopted to prevent gambling
and illegal activities. Tbey now feel the Ordinance is not
necessary and there are other sectors of the Law Enforcement
against gambling, and there is no connection between pinball/
shuffleboard and alcohol."
10/13/80
24-
Upon motion by Councilwoman McClanan, seconded by Councilman Kitchin,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to repeal Section 23-47 of the Code of the
City of Virginia Beach, Virginia, relating to Shuffleboard or Pinball
Machines, etc. When operation prohibited.
Voting: 7- 3
C6uncil Members Voting Aye: (for Repeal)
F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley,
W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr.,
and Patrick L. Standing
Council Members Voting Nay:
John A. Baum, Clarence A. Holland, and Meyera E. Oberndorf
Council Members Absent:
Donald W. Merrick
2 5-
ITEM II-F.7 ITEM #15716
Upon motion by Councilman Baum, seconded by Mayor McCoy, City Council
voted to uphold the recommendation of the City Manager and APPROVE on
SECOND READING the Ordinance to appropriate funds of $125,000 for the
Marine Science Museum.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
Barbara M. Henley*
Council Members Absent:
Donald W. Merrick
*Being a second reading Mrs. Henley wanted to be consistant witb her
first reading vote, and indicated she was not voting against the
Science Museum, but against appropriating the money before the Referendum
vote.
- 26-
AN ORDINANCE TO APPROPRIATE FUNDS OF
$125,000 FOR THE MARINE SCIENCE MUSEUM
WHEREAS, the City of Virginia Beacb desires a Museum of
Marine Science; and,
WHEREAS, the General Assembly has provided funding of
$125,000 in the f irst year of the 1981-1982 Biennium to assist in
such a purpose; and,
WHEREAS, this funding requires no local match and will
provide for the following Fiscal Year 1981 Operating expenses:
Personal Services (one full-time
position, one part-time position) $ 42,152
Fringe Benefits 4,090
Contractual Services 75,958
Other Charges 1,800
Capital Outlay 1,000
$1 2 5, 000
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $125,000 be appropriated to the
General Improvements Capital Projects Fund for the above Fiscal Year
1981 Operating expenses of the Marine Science Museum.
BE IT FURTHER ORDAINED THAT estimated revenues from the
Commonwealth be increased by $125,000 to finance this appropriation.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of October, 1980.
FIRST READING: 6 October 1980
SECOND READING 13 October 1980
- 2 7-
P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #15717
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Councilman Standing made a motion, seconded by Councilman Holland, to
APPROVE the application of ROBERT L. SIMPSON, SR., for a Change of
Zoning District Classification from A-1 Apartment District to A-3
Apartment District.
Councilman Ervin offered a SUBSTITUTE MOTION, seconded by Councilwoman
Henley, to uphold the recommendation of the Planning Commission and
APPROVE the application of ROBERT L. SIMPSON, SR., for a Change of
Zoning District Classification from A-1 Apartment District to A-2
Apartment District (modified from A-3 Apartment District),subject
to the conditions outlined in the City Manager's letter:
Voting: 7- 3
Council Members Voting Aye: (for substitute motion)
F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, TII, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Mayor J. Henry McCoy, Jr., and Patrick L.
Standing
Council Members Al;sent:
Donald W. Merrick
- 28-
By consensus of City Council, the Mayor requested the City Attorney's
ruling on the necessity to vote on the main motion after the substitute
motion was voted upon.
The City Attorney ruled that in accordance with Council adopted rules
of procedure, the SUBSTITUTE MOTION would take the position of the
MAIN motion atd no further vote was necessary.
AN ORDINANCE UPON APPLICATION OF ROBERT L. SIMPSON Z01080527
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
A-1 APARTMENT DISTRICT TO A-2 APARTMENT DISTRICT
(MODIFIED FROM A-3 APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Robert L. Simpson for a Change of
Zoning District Classification from A-1 Apartment District to
A-2 Apartment District (modified from A-3 Apartment District)
on certain property located at the Northeast corner of Barberton
Drive and E Street, running a distance of 340 feet more or less
along the East side of Barberton Drive, running a distance of 550
feet more or less along the Northern property line, running a
distance of 200 feet along the Eastern property line and running a
distance of 600 feet along tbe North side of E Street. Said parcel
contains 3.7 acres more or less. 1,YNNHAVEN BOROUGH
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Modified to A-2 Apartment District.
2. Standard improvements as required by the Site Plan and Subdivision
Ordinance.
3. City water and sewer.
4. Right-of-way improvements will be necessary along Barberton
Drive; this includes pavement widening, curb and gutter,
sidewalk and drainage facilities.
5. All drainage ditches on or adjacent to this site are to be piped
and an adequately sized drainage ease@nt dedicated over each.
6. An adequately sized drainage easement is to be dedicated across
the open drainageway to the East.
7. E Street is to be designed and constructed with full right-of-way
improvements along this site's frontage.
8. Prior to any dredging, filling, bulkheading, or other waterfront
related activities, the developer is to obtain all necessary
permits from the appropriate Local, State and Federal Agencies.
9. The vacation of the existing lot lines in order to avoid the
creation of nonconforming lots.
This Ordinance shall be effective*from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of October, 1980.
10/13/80
- 2 9-
ITEM II-G.2 ITEM #15718
Mr. David 1. Levine appeared in behalf of his application
Attorney E. T. Caton, III, appeared in opposition, and presented
petitions to Council, copies of which will be made a part of
these proceedings.
Upon motion by Vice Mayor Heischober, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and DENY the application of DAVID I. LEVINE for a Change of Zoning
District Classification, as per the following:
Ordinance upon application of David I. Levine, et al, for a
Change of Zoning District Classification from A-1 Apartment
District to A-4 Apartment District on certain property lo-
cated 300 feet East of Great Neck Road beginning at the
Eastern extremity of Lynnhaven Avenue, running a distance
of 650 feet in a Northeasterly direction, running a distance
of 150 feet in an Easterly direction, running a distance of
520.56 feet in a Nortbeasterly direction, running a distance
of 682.72 feet in a Southeasterly direction, running a distance
of 208 feet in an Easterly direction, running a distance of
81.60 feet in a Southerly direction, running a distance of
180 feet in an Easterly direction, running a distance of 805.67
feet in a Southeasterly direction, running a distance of 339-73
feet along the Northern boundary of Long Creek, running a dis-
tance of 269.19 in a Northerly direction, running a distance of
988.57 feet in a Southwesterly direction, running a distance of
890 feet in a Northwesterly direction, running a distance of
300 feet in a Westerly direction and running a distance of 600
feet in a Northwesterly direction. LYNNHAVEN BOROUGH
Vot ing: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
- 30-
ITEM II-G.3 ITEM #15719
Mr. Lyle -G. Wermers appeared in behalf of his application.
Attorney Thomas C. Broyles, representing Doyletown Civic League,
appeared in opposition and presented petitions, copies of which
will be made a part of these proceedings.
Mr. Lee Williams, President of the Doyletown Civic League, appeared
in opposition.
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Planning Commission
and DENY the application of LYLE G. AND EUNICE M. WERMERS for a Change of
Zoning District Classification, as per the following:
Ordinance upon application of Lyle G. and Eunice M. Wermers
for a Change of Zoning District Classification from R-5
Residential District to R-8 Residential District on certain
property located at the Northeast corner of South Lynnhaven
Road and Pritchard Road, running a distance of 146.16 feet
along the Eastern property line, running a distance of
720.62 feet along the Eastern property line, running a
distance of 143.70 feet along the Northern property line
and rtmning a distance of 699.27 feet along the East side
of Pritchard Road. Said parcel contains 2.375 acres.
LYNNHAVEN BOROUGH
Vot ing: 10-0
Council Members 'loting Aye: (for denial)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, II1,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
3 1 -
ITEM II-G.4 ITEM #15720
Attorney Robert B. Cromwell, Jr., appeared in behalf of the applicant.
Upon motion by Councilman Baum, seconded by Councilman Ervin, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE
the application of COX CABLE OF TIDEWATER, INC., for a Conditional Use
Permit, as per the following, subject to the conditions outlined in the
City Manager's letter:
ORDINANCE UPON APPLICATION OF COX CABLE R01080341
OF TIDEWATER, INC., FOR A CONDITIONAL
USE PERMIT FOR A CABLE TELEVISION
COMMUNICATION TOWER
Ordinance upon application of Cox Cable of Tidewater, Inc., for a
Conditional Use Permit for a cable television communi@ation tower
on certain property located on the South side of Virginia Beach
Boulevard beginning at a point 620 feet more or less West of
Phillip Avenue, running a distance of 330.80 feet along the Northern
property line, rtmning a distance of 345.95 feet along the Western
property line and running a distance of 295.32 feet along the Eastern
property line. Said parcel contains 1.120 acres. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. Compliance with Article 2, Section 235 of the Comprehensive
Zoning Ordinance pertaining to Television and or Broadcasting
Stations and Line-of-Sight Relay Devices.
3. Approval of the proposed structure by the Federal Aviation
Administration.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of October, 1980.
Voting: 10-0
32-
Council Members Voting Aye:
Jobn A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
- 33-
ITEM II-G.5 ITEM #15721
Attorney H. Calvin Spain appeared in behalf of the applicant.
Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of NATIONAL PRIDE EQUIPMENT , INC., for a
Conditional Use Permit, as per the following, subject to the conditions
outlined in the CitT-Manager's letter:
ORDINANCE UPON APPLICATION OF NATIONAL PRIDE R01080342
EQUIPMENT, INC., FOR A CONDITIONAL USE PERMIT
FOR A CAR WASH
Ordinance upon application of National Pride Equipment, Inc., for
a Conditional Use Permit for a car wash on certain property located
on the South side of Laskin Road beginning at a point 390 feet West
of Village Drive, running a distance of 105.10 feet along the South
side of Lagkin Road, running a distance of 245 feet along the Western
property line, running a distance of 120 feet along the Southern pro-
perty line and running a distance of 250 feet along the Eastern pro-
perty line. Said parcel contains .63 acre. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction with
with intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. No water shall be permitted to fall upon or drain across
public streets or adjacent properties.
4. The recycling of water in accordance with the City Code.
5. Parking at a ratio of three spaces for each car wash space
within the facility.
6. Right-of-way improvements are necessary along Laskin Road;
this includes pavement widening, curb and gutter, sidewalk,
and drainage facilities.
7. The developer is to provide adequate downstream drainage and
easements as necessary.
8. The left-turn lane to be provided in conjunction with the
developnient of this site, will be handled administratively.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of October, 1980
Voting: 10-0
34-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
10 1 3 80
3 5-
ITEM II-G.6 ITEM #15722
Attorney Joseph T. Waldo appeared in behalf of the applicant.
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of SOLAR WASH, INC., for a Conditional Use
Permit, as per the following, subject to the conditions outlined in the
City Manager's letter:
ORDINANCE UPON APPLICATION OF SOLAR WASH, INC. R01080343
FOR A CONDITIONAL USE PERMTT FOR A CAR WASH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Application of Solar Wash, Inc., for a Conditional Use Permit for a
car wash on certain property located an the South side of Virginia
Beach Boulevard beginning at a point 190 feet West of Brian Avenue,
running a distance of 186.12 feet along the South side of Virginia
Beach Boulevard, running a distance of 160.98 feet along the Western
property line, rtmning a distance of 163.83 feet along the North side
of Holland Road, running a distance of 52.82 feet in an Easterly
direction and running a distance of 197.05 feet along the Eastern
property line. Said parcel contains .760 acre. BAYSIDE BOROUGH.
Approval is subject to tbe following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. No water shall be permitted to fall upon or drain across
public streets or adjacent properties.
4. The recycling of water in accordance with the City Code.
5. Parking at a ratio of three spaces for each car wash space
within the facility.
6. A five-foot dedication along Holland Road.
7. An eleven-foot dedication along Virginia Beach Boulevard.
8. Right-of-way improvements are necessary along both Holland
and Admiral Wrigbt Roads; this includes pavement widening,
curb and gutter, sidewalk, and drainage facilities.
9. No median breaks are to be provided in conjtmction with tbe
development of this site.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of October, 1980.
- 36-
Voting 10 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
- 3 7-
0 R D I N A N C E S C 0 D E A M E N D M E N T S
ITEM II-H'.l.a ITEM #15723
Upon motion by Councilman Ervin, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend Article VII of the Code of the
City of Virginia Beach by adding Section 2-85.3 establishing and
authorizing relocation payments relating to real property acquisition
for City road projects.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry@ McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
- 38-
Requested by Public Works Department - Real Estate
AN ORDINANCE TO AMEND ARTICLE VII OF THE CODE
OF THE CITY OF VIRGINIA BEACH BY ADDING SECTION
2-85.3 ESTABLISHING AND AUTHORIZING RELOCATION
PAYMENTS RELATING TO REAL PROPERTY ACQUISITION
FOR CITY ROAD PROJECTS
WHEREAS, the Code of Virginia, Title 15.1, Chapter 18, confers
and vests in Cities certain general powers relevant to and which are
necessary or desirable to secure and promote the general welfare of the
inhabitants of the municipality; and,
WHEREAS, the Council of the City of Virginia Beach, Virginia,
desires to establish a uniform policy for the treatment of persons
displaced as a result of road programs or projects involving the
acquisition of real property;
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 2-85.3. Establish and Authorize Relocation Payments Relating
to Real Property Acquisition for City Road Projects.
(1) Intent. This Ordinance is enacted to establish a
uniform policy for treatment of persons displaced as a
result of road programs or projects involving the
acquisition of real property therefor.
(2) Purpose and Applicability.
(a) Purpose. In order to acquire the rights-of-way
necessary for the construction, reconstruction maint-
enance and repair of the public roads of the City, it
often becomes necessary for individuals, businesses, farms
and non-profit organizations to be displaced. To insure to
the maximum extent possible the equitable treatment of these
displaces, it is necessary for a uniform policy to be establ-
ished for making moving cost payments, replacement housing
cost payments and other expense payments so that these
individuals will not suffer disproportionate injuries as a
result of the road improvement programs which are necessary
- 3 9-
or desirable to secure and promote the general welfare
of the inhabitants of the municipality.
The main objective of this Ordinance is to provide payments
to be made to those who are required to relocate, in whole
or in part, for costs incurred for moving, replacement
housing and certain other expenses because of City road
programs and projects.
(b) Applicability.
(1) The provisions of this Ordinance are applicable to
any person who is displaced by any City road project on
which State or Federal funds are not used or for which
State and Federal funds do not become available before
or after the City road project is approved and funded.
(2) This Ordinance shall not apply to acquisitions by a
City agency which are voluntarily initiated or negotiated
by the seller under no threat of condemnation, where pro-
perty is dedicated pursuant to provisions of Chapter 11
(Sec. 15.1-427, et seq.) of Title 15.1, or where property
is voluntarily dedicated or donated for no consideration,
provided, however, that the provisions of this Ordinance
relating to relocation payments shall apply for the
benefit of persons, other than the owner, wbo are actually
and lawfully occupying the real property to be acquired
and who have been occupants thereof for at least ninety (90)
days prior to the initiation of negotiations for acquisition.
(3) Definitions -- as used in this Ordinance the term:
(a) "City Agency" means any Department of the City.
(b) "Person" means any individual, partnership, corporation
or association.
(c) "Displaced Person" means any person who, on or after
July 1, 1980 moves from any real property or moves from
his personal property from real property, as a result of
the acquisition of such real property, in whole or in part,
or as a result of the written order of an acquiring City
Agency to vacate real property, for any road program or
- 40-
project untertaken by a City agency.
(d) "Business" means any lawful activity, excepting a
farm operation, conducted primarily;
(1) For the purchase, sale, lease and rental of personal
and real property and for the manufacture, processing, or
marketing of products, commodities, or any other personal
property;
(2) For the sale of services to the public;
(3) "Farm Operation" means any activity conducted solely
or primarily for the production of one or more agricultural
products or commodities, including timber, for sale or home
use and customarily producing such products or commodities
in sufficient quantity to be capable of contributing
materially to the operator's support. The term
"contributing materially" used in this definition means
the farm operation must contribute at least one-third
of the operator's income.
(f) "Initiation of Negotiation for a Parcel" means the
date the City agency makes the first personal contact with
the owner of a parcel of property to be acquired or his
designated representative to give him a written offer for
the property to be acquired.
(4) Payments for moving and relocation expenses.
(a ) Whenever the acquisition of real property for a
road program or project by a City agency will result in
the displacement of any person, on or after July 1, 1980,
such agency shall make fair and equitable relocation pay-
ments to displaced persons as required by this Ordinance
for:
(1) Actual reasonable expenses in moving himself, his
family, business, farm operation, or other personal property,
but not to exceed Three Hundred Dollars ($300.00).
(b) Any displaced person eligible for payments under
Subsection (a) of this Section who is displaced from his
place of business or from his farm operation and who elects
- 41-
to accept the payment authorized by this Subsection in
lieu of the payment authorized by Subsection (a) of this
Section, may receive a fixed payment in the amount equal
to the average annual net earnings of the business or
farm operation, except such payment shall not be-less than
Two Thousand Five Hundred Dollars ($2,500.00), nor more than
Ten Thousand Dollars ($10,000.00). In the case of a business,
no payment shall be made under this Subsection unless the City
agency is satisfied that the business; (1) cannot be relocated
without a substantial loss of its existing patronage; and (2),
is not a part of a commercial enterprise having at least one
other establishment not being acquired by the City Agency,
which is engaged in the same or similar business. For the
purpose of this Subsection the term "average net earnings"
means one-half (1/2) of any net earnings of the business or
farm operation, before Federal and State income taxes, during
the two (2) taxable years immediately preceding the taxable
year in which such business or farm operation moves from the
real property acquired for such project, or during such other
period as such agency determines to be more equitable for
establishing such earnings, includes some compensation paid
by the business or farm operation to the owner, his spouse
or his dependents during such period;
(5) Additional payments to enable displaced persons to
acquire dwellings.
(a) In addition to payments otherwise authorized by this
Ordinance the City agency shall make additional payments not
in excess of Fifteen Thousand Dollars ($15,000.00) to any
displaced person who is displaced from a dwelling actually
owned and occupied by such displaced person for not less
than one hundred and eighty (180) days prior to the initiation
of negotiations for the acquisition of tbe property. Such
additional payment shall include the following elements:
(1) The amount, if any, which when added to the acquisition
cost of the dwelling acquired, equals the reasonable cost of
a comparable replacing dwelling.
- 4 2-
(2) Reasonable expenses incurred by such displaced person
for evidence of title, recording fees, and other closing
costs incident to the purchase of the replacement dwelling;
but not including prepaid expenses.
(b) The additional payment authorized by this Section shall
be made only to such displaced person who purchases and
occupies a replacement dwelling not later than the end
of one (1) year period beginning on the date on which he
receives final payment of all costs of the acquired dwelling,
whichever is the later date.
(6) Additional payments to certain persons not eligible for
payments under Number 5 of this Section.
In addition to amounts otherwise authorized by this Ordinance,
a City agency shall make payment to or for any displaced person
displaced from any dwelling not eligible to receive payment,
under Number 5 of this Section, which dwelling was actually
and lawfully occupied by such displaced person not less than
ninety (90) days prior to initiations for acquisition of such
dwelling. Such payment shall be the amount necessary to enable
such displaced person to lease or rent for a period not to
exceed one (1) year a dwelling adequate to accommodate such
person, but not to exceed One Thousand Dollars ($1,000.00).
(7) Funds for carrying out provisions of Ordinance.
Funds appropriated or otherwise available to any City agency
for the acquisition of real property or any interest therein
for a road program or project shall be available also for
obligation and expenditure to carry out the provisions of
this Ordinance as applied to that program or project.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of October, 1980.
4 3-
ITEM II-H.l.b.c ITEM #15724
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the,City Manager and APPROVE
the following Ordinances:
Ordinance to amend Section 37-11(b) of the Code of the
City of Virginia Beach, Virginia
Ordinance to establish an emergency water allocation and
rate plan
Approval is subject to the allocation and rate plan being in effect
for at least one complete billing period for each and every meter.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, Patrick L.
Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Donald W. Merrick
- 44-
AN ORDINANCE TO AMEND SECTION
37-11(b) OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That section 37-11(b) of the Code of the City of Virginia
Beach, Virginia, is hereby amended to read as follows:
Section 37-11. Conservation of city water supply; penalties
therefor
(b) Should the implementation of all of the above
measures fail to preserve sufficient supplies of water for the
citizens of Virginia Beach, then the City Manager and/or
director of public utilities are hereby authorized, in addition,
to order the imposiiton of specific allotments of water supply to
each cumstomer, both Residential and Commercial; and to provide
for a surcharge of u]2 to twenty dollars ($20.00) per one thousand
(1,000) gallons of water consumed in excess of such allocation.
Such allotment and surcharge shall be subject to
ratification within ten (10) days by City Council and shall
remain in effect until removed by like councilmanic action.
This Ordinance shall be effective retroactive to October 1,
1980, and shall be in effect for at least one complete billing
period for each and every meter.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 13 October 1980
RHM/ci/cb
10/7/80
(D)
- 4 5-
AN ORDINANCE TO ESTABLISH AN
EMERGENCY WATER ALLOCATION
AND RATE PLAN
,WHEREAS, on August 14, 1980, Council passed Resolution
80-623 recognizing the existence of a local emerency due to a
water shortage and authorized the City Manager and/or Director of
Public Utilities to invoke certain measures to conserve water
pursuant to Section 37-11 of the Code of the City of Virginia
Beach, Virginia; and
WHEREAS, such state of local emergency has worsened and
the need for mandatory conservation has become essential for
preservation of remaining water supplies; and
WHEREAS, imposition of a water allocation plan will
assist in preserving such water supplies; and
WHEREAS, in order to enforce such allocation plan,
higher rates need to be imposed to discourage excessive water
usage and encourage conservation.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Virginia Beach, Virginia:
The following rates are hereby imposed for water usage
which shall remain in effect until removed by City Council:
1. Residential and Multi-family (per dwelling unit):
0 - 11,000 gallons per $1.06 per 1,000
bi-monthly billing period . . . . . gallons
11,000 - 18,000 gallons per $4.10 per 1,000
bi-monthly billing period . . . . .gallons
18,000 or more gallons per $14.70 per 1,000
bi-monthly billing period . . . . .gallons
2. Commercial and Non-taxable Customers:
First 75% of average
bi-monthly use (Based upon $1.06 per 1,000
previous 12 month consumption) . . gallons
75% - 100% of average $4.10 per 1,000
bi-monthly use . . . . . . . . . .gallons
Over 100% . . . . . . . . . . . . .$14.70 per 1,000
gallons
- 4 6 -
This Ordinance shall be effective retroactive to October 1,
1980, and shall be in effect for at least one complete billing
period for each and every meter.
Adopted by the Council of the City of virginia Beach,
virginia, on 13 October 1980
RHM/cj/cb
10/7/80
(D)
-2-
- 4 7-
ITEM II-H.l.d ITEM #15725
Upon motion by Councilman Baum, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance to amend and reordain Sections 7-4, 7-5, 7-7,
7-8 and 7-9 of the Code of the City of Virginia Beach pertaining to
bicycle license and registration.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heiscbober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitthin, III
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
4 8-
Requested by City Manager
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
7-4, 7-5, 7-7, 7-8 AND 7-9 OF THE CODE OF
THE CITY OF VIRGINIA BEACH PERTAINING TO
BICYCLE LICENSE AND REGISTRATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 7-4, 7-5, 7-7, 7-8 and 7-9 of the Code of the
City of Virginia Beach, Virginia, is hereby amended and reordained as
f ol lows:
Section 7-4. Registration reetdireti available; perie4-w4*1/2tin-wkiek
reg4stration-requli-ed; bicycle dealers required to
have registration applications available.
(a) -It- - s ha4:-I -be -tift 4: ftwf- 'd4: - f-er -ft ity-perean -whe -re aides - !m -t iie
th-io-art-iele. Anyone may register a bicycle in Virginia
Beach as provided in this article.
(b) Any,-persen-& ettu -ir ieye 4:e-sh& 4:4:-have-e -deh-@.ieye 4:e
@e@ (b) All persons having engagel in the business of selling
bicycles shall have application forms for registration available to all
persons buying bicycles.
44@ (c) A person engaged in the business of selling bicycles
at retail shall not sell any bicycle unless the bicycle has an identify-
ing number permanently stamped or cast on its frame.
Section 7-5. Application for registration; issuance of registration
card and decal; attachment of decal.
(a) The registration of bicycles, as-reEttl!ir-efl-.ilt-Feet-.ien--7-4,
shall be, upon written application therefor made to the Treasurer of the
City. Upon proper application and the payment of the registration fee
provided in this article, the Treasurer of the City shall issue to such
- 4 9-
applicant a registration card and also a decal, to be affixed to the
bicycle, bearing the license number assigned to tbe bicycle, and the
name of the City. Handicapped applicants shall so indicate on the
application form and a special plate or tag for the handicapped shall
be issued upon proper application and payment of the prescribed fee.
(b)
Section 7.7. Reserved
Section 7-8. Rental agencies
A rental agency shall not rent or offer any bicycle for rent
vided-iiere-iii-aitfi-g,deli-b4eyeie is equipped with the equipment required
in Article II.
Section 7-9. Mutilation, etc., frame number; when the owner may
supply frame number.
(a) It shall be unlawful for any person to remove, change,
alter or mutilate any bicycle frame number.
-(e@ (b) If the frame number of a bicycle is obliterated or
illegible, the owner must show proof of ownership in order to register
the bicycle.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of October, 1980.
- 50-
ITEM II-H.l.e ITEM #15726
Mrs. Ann Harp appeared in favor of the proposed Ordinance.
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance authorizing certain events conducted on City
property to be exempted from the prohibition from working or trans-
acting business on Sunday.
Voting: 8- 2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
Donald W. Merrick
- 51-
AN ORDINANCE AUTHORIZING CERTAIN
EVENTS CONDUCTED ON CITY PROPERTY
TO BE EXEMPTED FROM THE PROHIBITION
FROM WORKING OR TRANSACTING BUSINESS
ON SUNDAY
WHEREAS, Section 18.2, Code of Virginia (1950), as amended,
requires the City Council of the City of Virginia Beach to designate
on a case-by-case basis the events which are exempt from working or
transacting business on Sundays; and,
WHEREAS, tbe following City property has been designated by
the Council of the City of Virginia Beach for the following dates, as
the site for the following events:
DATE CITY PROPERTY EVENT
October 26, 1980 Pavilion Southeast Virginia Home
and Energy Show
November 2, 1980 Pavilion Tidewater Kennel Club
Dog Show
November 9, 1980 Pavilion D. P. Paul Company
Jewelry Show
November 9, 1980 Pavilion Surfside Flea Market
November 16, 1980 Pavilion Tidewater Custom Car Van
Cycle Show
December 14, 1980 Pavilion Surfside Flea Market
January 18, 1981 Pavilion Surfside Flea Market
February 22, 1981 Pavilion Mid-Atlantic Sports and
Boat Show
March 1, 1981 Pavilion Mid-Atlantic Sports and
Boat Show
March 8, 1981 Pavilion Surfside Flea Market
March 29, 1981 Pavilion Virginia Beach Arts
Center Annual Members
Show
April 12, 1981 Pavilion Virginia Restaurant
Association Trade Show
April 26, 1981 Pavilion Sales and Marketing
Executives Home Show
May 3, 1981 Pavilion Wornomts Arts and Craft
Show
May 10, 1981 Pavilion Tidewater Recreation
Equipment Show
May 24, 1981 Pavilion Big Flea Market
10/13/80
- 52-
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA TEACH
VIRGINIA:-
That the above-mentioned events are exempt from the
prohibition of working or transacting business on Sunday as provided
by general law. That the City Clerk is directed to forward a certified
copy of this Ordinance to the Commonwealtb Attorney.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of October, 1980.
- 53-
0 R D I N A N C E S F I R S T R E A D I N G
ITEM II-H.2.a ITEM #15727
ORDINANCE TO APPROPRIATE $295,000 FROM THE
GENERAL FUND BALANCE TO THE FISCAL YEAR 1981
OPERATIONS BUDGET FOR THE RUDEE INLET SAND TRAP
DREDGING PROJECT
WHEREAS, Rudee Inlet has a sand trap designed to prevent
the accumulation of sand in its channel; and,
WHEREAS, the sand trap is presently filled to capacity;
and,
WHEREAS, tbe sand, if not removed, could be a hazard to
navigation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That $295,000 be appropriated from the General Fund Balance
to the Fiscal Year 1981 Operating Budget of the Department of Public
Works for the sand removal.
The City Manager is autborized to execute the necessary
contract awarded by low bid.
FIRST READING: 13 October 1980
SECOND READING:
Adopted by the Council of tbe City of Virginia Beach,
Virginia, on the day of -1 1980.
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance to appropriate $295,000 from
the General Fund Balance to the Fiscal Year 1981 Operations Budget
for the Rudee Inlet Sand Trap Dredging Project.
54-
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
- 5 5-
ITEM II-H.2.b ITEM #15728
AN ORDINANCE APPROPRIATING FIVE MILLION
TWO HUNDRED THOUSAND DOLLARS ($5,200,000)
FOR VARIOUS SCHOOLS, HIGHWAYS AND ENGINEERING
PROJECTS, BUILDINGS, AND PARKS AND RECREATION
PROJECTS (REVENUE SHARING ALLOCATIONS)
WHEREAS, the City Council is desirious, due to continued
growth, in providing needed School, Highway and Engineering, Building,
and Parks and Recreation Capital Projects; and,
WHEREAS, it is anticipated that the City will receive from
Federal Revenue Sharing Funds $5,200,000 for the Twelfth Entitlement
Per iod .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That funds to be made available under the Revenue Sharing
Program (State and Local Fiscal Assistance Act of 1973 amended) for
the periods October 1, 1980 through September 30, 1981 be appropriated
as follows:
SCHOOLS $2,262,796
To include: Providence Elementary School
and New Cox Senior High School
HIGHWAYS AND ENGINEERING 1,260,170
To include: Pleasure House Road Phase
I, Dredging Eastern Branch Lynnhaven
River and Inlynnview Road
BUILDINGS 1,531,185
To include: Beach Borough Parking Lots,
30th Street Restroom Mall, City Garage
Expansion, Rose Hall Site Improvements,
Bendix Road Refuse Facility, Little Neck
Area Library, Fire Station #9, Building
Maintenance Headquarters Expansion, Parks
and Recreation Office Renovation, and
Landfill #2
PARKS AND RECREATION 145,849
To include: Bayville Farm Park and
Woodstock Park
Total $5,200,000
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1980.
FIRST READING: 13 October 1980
SECOND READING:
- 56-
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPRO-VE ON FIRST READING the Ordinance appropriating Five Million
Two Hundred Thousand Dollars ($5,200,000) for various Schools, Highways
and Engineering Projects, Buildings, and Parks and Recreation Projects
(Revenue Sharing Allocations).
Voting: 9-1
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Mayor J. Henry McCoy, Jr. Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Donald W. Merrick
- 5 7-
U N F I N I S H E D B U S I N E S S
ITEM II-J.1 ITEM #15729
Councilwoman Oberndorf advised Council she attended the Council of
Civic Organizations meeting as a spectator and became involved in
the discussion regarding the Water and Sewer Referendum.
Councilwoman Oberndorf read the Resolution adopted by the CCO, without
dissent, supporting the need for the highway, water and sewer projects
proposed to be funded under the 1980 Bond Referenda. However, in con-
sideration of problems experienced with public information relative to
this and earlier Bond proposals, the CCO recommends approval of the
Bond Referenda only if a Bond Information Committee is established, to
include the following:
One member of City Council
Three members selected by the Civic Organizations
One representative of the Public Utilities Department
One representative of the Highway Department
One representative of the Finance Department
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman McClanan,
City Council voted to establish the Bond Information Committee.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
Thereupon, the Mayor appointed the following as members of the Bond
Information Committee;
Mr. Giles G. Dodd, Assistant to the City Manager/Finance
Mr. Aubrey V. Watts, Jr., Director of Public Utilities
Mr. C. Oral Lambert, Director of Public Works
Mayor J. Henry McCoy, Jr.
- 58-
ITEM II-J.2 ITEM #15730
The City-Manager advised Council of a PUBLIC HEARING on Thursday,
October 16, 1980, at 7:00 p.m., in Linkhorn Park School for Route
44 and First Colonial Road Interchange.
A D J 0 U R N M E N T
ITEM II-K.1 ITEM #15731
Upon motion by Councilman Ervin, seconded by Councilman Baum, and
by ACCLAMATION, the meeting adjourned at 4:50 p.m.
Diane M. Hickman, Deputy City Clerk
"th Hodges'Smith, City Clerk H o(Sr S.
City of Virginia Beach,
Virginia
13 October 1980
dmh/asb