APRIL 21, 1980 MINUTES
CITY OF VIRGINII BEICE
MUNICIPAL CENTER
-q.1od 6'ity" VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, L.,g@ CLARENCE A. HOLLAND, M.D., B.y@id. B@,..gh
VICE MAYOR J. HEVRY M,COY JR., D.D.S., K@.P,,ill@ B.,@.gb DONALD W. MERRICK, Ly@.h.@- B@,.@gh
JOHN A. BAUM, B.,..gh MEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, Al L.,g@ J. CURTIS PAYNE, P,i@,@@, A.@@ B.,@.gb
GEORGE R. FERRELL, A, L.,g@ ROGER L. RIGGS, Vi,gi@i. B@.,h B@,..gh
BARBARA M. HENLEY, P,@g@ B.,.@gb RUTH HODGES SMITH, Cily Cl@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: MONDAY, 21 APRIL 1980 - 1:00 P.M.
A. CALL TO ORDER - VICE-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. Richard A. Brugh Subdivision Variance: Discussion of item
on Formal agenda.
2. Hobie Cats: Discussion of proposed Ordinance on Formal
agenda.
3. R. G. Moore Building Corporation Request for Rezoning:
Request for expedition of application to be heard by City
council.
4. Aragona-Garcia Enterprises, Inc., Request for Rezoning:
Request for expedition of application to be heard by City
Council.
5. Road Construction: Discussion.
ITEM II FORMAL SESSION: MONDAY, 21 APRIL 1980 - 2:00 p.m.
A. INVOCATION - Reverend David Lee Kaiser
Pastor
Carron Baptist Church
B. PLEDGE OF ALLEGIANCE
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETINGS
1. Motion to accept/approve a correction to the Minutes of the
Special Meeting of 31 March 1980, Item #14955
2. Motion to accept/approve the Minutes of 14 April 1980
E. PROCLAMATION/RESOLUTIONS
1. Proclamation - 21 April 1980 as "Moss, Norway Day"
2. Resolution to authorize changes in issuance and maturity dates
of the $9.1 Million Water and Sewer Revenue Bonds adopted by
Council March 24, 1980.
PROCLAMATION/RESOLUTIONS (continued)
3. Resolution requested by Councilman R. L. Riggs requesting the
Virginia and Maryland Governors to petition the united States
Department of Transportation to take over the Chesapeake Bay
Bridge-Tunnel and make it a part of the Interstate Highway
System.
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. Standard Sewer Aqreement:
Sewer Christopher Center
2. Raffle Permits:
Raffle Great Neck Athletic Association
(.Renewal)
Raffle Green Run Elementary School P.T.A.
(Renewal)
Raffle Virginia Beach Flyers Booster Club
(Renewal)
G. PLANNING ITEMS
1. Application of Henry A. Shook for a variance to Section 4.4(b)
of the Subdivision ordinance which requires lot dimensions to
conform to the Comprehensive Zoning ordinance. He wishes to
subdivide a 1.18-acre site, located at the northwest intersection
of Bay Colony Drive and Hill Road, into two lots.
a. Letter from the City Manager transmits the reco=endation of
the Planning Commission for APPROVAL.
2. Application of Morgan Hunter Drewery for a variance to Section
4.4(b) of the Subdivision Ordinance which requires lot dimensions
to conform to the Comprehensive Zoning Ordinance. He wishes to
subdivide an approximately 1.47-acre site, located on the south
side of Inlet Road, approximately 850 feet west of Ridge End
Road, into two lots.
a. Letter from the City Manager transmits the recomrnendation of
the Planning Commission for DENIAL.
3. Application of Richard A. Brugh for 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 subdivide an approximately 9,240-square foot site,
located at the northwest corner of Atlantic Avenue and 51st
Street, into two lots.
a. Letter from the City Manager transmits the recommendation of
the Planning Comrnission for APPROVAL.
G. PLANNING ITEMS (continued)
4. Application of Ervin L. Vaughan for a conditional use permit for
two mobile homes for shelter for farm laborers on a 170.36-acre
parcel located on both sides of Vaughan Road, west of Princess
Anne Road (Pungo Borough).
a. Letter from the City Manager transmits the recommendation of
the Planning Commission for APPROVAL.
5. Application of W. W. Oliver, Jr., for a change of zoning from
A-1 Apartment District to B-2 Community-Business District on a
.199-acre parcel located east of Princess Anne Road, north of
Indian River Road (Pungo Borough).
a. Letter from the City Manager transmits the recommendation of
the Planning Commission for APPROVAL.
6. Application of Frederick A. Heitmann, Jr. and Shirley S. Heitmann
for a change of zoning from R-6 Residential District to B-2
Corninunity-Businesg District on a .26-acre parcel located at the
southwest corner of Virginia Beach Boulevard and Mayo Road
(Bayside Borough).
a. Letter from the City Manager transmits the recormendation of
the Planning Commission for APPROVAL.
7. Application of Marvin B. and Ruby M. Perry for a change of zoning
from R-6 Residential District to B-2 Conununity-Business District
on a .20-acre parcel located on the south side of Virginia Beach
Boulevard, west of Mayo Road (Bayside Borough).
a. Letter from the City Manager transmits the recommendation of
the Planning Commission for APPROVAL.
H. ORDINANCES
1. General
a. Ordinance granting a temporary encroachment into a portion
of the right-of-way of West Stratford Road to Donald N.
and Pam P. Johnson and Ernest C. Levister, Jr.
2. Appropriations
a. Second Readings
1. Ordinance to transfer appropriations totalling $65,000
from Beechwood Sewer to Beechwood Water and Beechwood
Streets being funded in the Fifth Program Year of
the Comnunity Development Block Grant Proqram.
2. Ordinance to accept a grant totalling $67,036 from the
Division of Justice and Crime Prevention and to appro-
priate funds totalling $73,732.
3. Ordinance to transfer funds of $30,000 within the Depart-
ment of Public Utilities for a rate study.
H. ORDINANCES (continued)
2. Appropriations
a. Second Readings
4. Ordinance to appropriate $90,000 for the purchase of an
aerial ladder truck from the Ocean Park Volunteer Fire
and Rescue Squad, Inc.
b. First Readings
1. Ordinance to appropriate funds for the Tidewater Vir-
ginia Alcohol Safety Action Program (TVASAP) for the
period ending June 30, 1980.
2. ordinance to appropriate additional funds of $472,179
for the State Fuel Assistance Program.
3. Ordinance to accept a grant totalling $5,468 from the
Southeastern Tidewater Opportunity Project and to
appropriate these funds.
3. City Code Amendments
a. ordinance to amend and reordain Section 6-13 of the City
Code pertaining to the landing, launching, parking and
stationing of certain vessels on the city beaches.
b. Ordinance to amend and reordain Sections 29-1, 29-3, 29-4 and
29-11 of the Code of the City of Virginia Beach, virginia,
relating to sewer connections, fees, maintenance and line
fee exemptions.
I. OLD BUSINESS
J. NEW BUSINESS
1. Resolution - Parks and Recreation Commission
2. E. Kenneth Day, Construction Techniques, Inc. Middle Planta-
tion Phase IV - Harris Road Improvements
K. ADJOURNMENT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
21 April 1980
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Acting Mayor J. Henry McCoy, Jr.,
in the Conference Room, in the Administration Building, on Monday,
21 April 1980, at one o'clock in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council members Absent:
Mayor Patrick L. Standing
ITEM #15012
Acting Mayor McCoy entertained a motion to permit Council to conduct
its INFORNAL SESSION. (EXECUTIVE SESSION was not scheduled).
Upon motion by Councilman Holland, seconded by Councilman Ferrell,
City Council voted to conduct its INFO@IAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
4/ 2 I/ 8 0
2-
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
I N F 0 R M A L S E S S I 0 N
Prior to the items scheduled for the Informal Agenda, Acting Mayor
McCoy invited the City Manager to present the chronology of the
"Beach House". City Manager Hanbury distributed copies of the
chronological dates of activities concerning acquisition of property
and the relationship with Senator Canada, which will be available in
the Clerk's office as part of these proceedings concerning the "Beach
House" discussed during the INFORMAL SESSION of City Council 14 April
1980.
DEFORD, LIMITED ITEM #15013
Acting Mayor McCoy advised Council of the Court's decision concerning
DeFord, Limited, to NOT require the developers to pay for their portion
of the roadways to their subdivision.
Acting Mayor McCoy further advised if Council decided against appealing
the DeFord decision, the Comprehensive Land Use Plan will have to be up-
dated as soon as possible.
Acting Mayor McCoy requested the City Manager to instruct the Planning
Director to expedite the updating of the Comprehensive Land Use Plan.
EXPEDITING PLANNING MATTERS ITEM #15014
City Manager Hanbury advised Council of the requests from R. G.
Moore Building Corporation and Aragona-Garcia Enterprises, Inc.,
to expedite their rezoning applications due to the economic
situation.
The applications will be coming before the Planning Commission on
June 10, 1980, and the applicants requested they be heard before
Council on June 16, 1980.
This matter will be discussed further in the FORMAL SESSION.
4/ 2 1/80
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SUBDIVISION VARIANCE ITEM #15015
City Manager Hanbury requested the discussion on the request of
Richard A. Brugh for a Subdivision Variance be discussed at the
the time the application is heard by City Council. (21 April 1980).
HOBIE CATS ITEM #15016
David M. Grochmal, Assistant to the City Manager for Intergovernmental
Relations, discussed with Council the proposed Ordinance to amend and
reordain Section 6-13 of the City Code pertaining to landing, launching,
parking and stationing of certain vessels on the City beaches.
Mr. Grochmal advised Council he had worked with representatives of
Hobie Fleet 32 and the North Virginia Beach Civic League to develop
regulations which would solve the problems and yet continue to
allow the sailors to use the beach area. Permits would be issued for
no more than four (4) sailboats per block between 42nd and 57th Streets;
seven (7) sailboats per block between 57th and 77th Streets; and, twelve
(12) sailboats per block between 77th Street and Fort Story (89th Street).
There will be a fee of $30.00 for City residents and $60.00 for non-
residents, and the permits are to be renewed annually.
ROAD CONSTRUCTION ITEM #15017
City Manager Hanbury advised Council of the State's Allocation hearing
on 23 April 1980, at 8:00 a.m., in Suffolk, Virginia.
FERRELL PARKWAY ITEM #15018
Councilwoman oberndorf requested the City Manager to "prioritize"
2-936 - Ferrell Parkway, Phase I (Indian Lakes to Princess Anne
Road) over 2-701 - Providence Road, Phase V (Kempsville Road to
Princess Anne Road).
4/21/80
- 4-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
21 April 1980
2:10 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Absent:
Mayor Patrick L. Standing
INVOCATION: Reverend David Lee Kaiser, Pastor
Carron Baptist Church
MINUTES ITEM #15019
(ITEM II-D.1)
Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne, City
Council voted to APPROVE a CORRECTION to the Minutes of the Special Meeting
of 31 March 1980, Item #14955:
Adjourned - 2t.2-5-p-.M.- 3:05 p.m.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
5-
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
MINUTES
(ITEM II-D.2)
Upon motion by Councilman Holland, seconded by Councilman Ferrell, City
Council voted to APPROVE the Minutes of the Regular Meeting of 14 April
1980.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
-5-a
P R E S E N T A T I 0 N S
(ITEM II-E.1) ITEM #15020
Mr. Allison J. Stafford, representing the Gator Volksmarsch Club,
appeared before Council to present to the Mayor and Members of
Council a Plaque in appreciation for the use of the Virginia
Beach City Seal in connection with the Gator Volksmarsch Club's
Second International Walkfest of October 13 and October 14, 1979.
P R 0 C L A M A T I 0 N
(ITEM LL.E.2) ITEM #15021
Acting Mayor McCoy presented the following Proclamation to the Mayor
of Moss, Norway, Bjorn Barang, and Harbor Master Henry Hvalgard:
P R 0 C L A M A T I 0 N
WHEREAS, Virginia Beach's Sister City is Moss, Norway,
and we share a history with Norway which is illustrated by the
Norwegian Lady Statue at the beachfront in Virginia Beach and a
duplicate statue in Moss; and,
WHEREAS, former Mayor, Doctor Clarence A. Holland,
traveled to Moss, Norway, in 1978 and was warmly received by our
Sister City; and,
WHEREAS, Virginia Beach now has the honor of a visit by
the Mayor of Moss, Norway, Bjorn Barang, and Harbor Master Henry
Hvalgard.
NOW, THEREFORE, I, Patrick L. Standing, Mayor of the
City of virginia Beach, do hereby proclaim April 21, 1980, as
MOSS, NORWAY DAY
and welcome our Norwegian guests and the opportunity for further
cultural exchange and understanding between Virginia Beach and
our Sister City.
4/ 2 1/80
-6 -
Mayor Bjorn Barang, and Harbor Master Henry Hvalgard, presented
Acting Mayor McCoy and the Members of City Council, Moss Norway's
Town Emblerq.
R E S 0 L U T I 0 N S
(ITEM II-E.3) ITEM #i5O22
A RESOLUTION AMENDING RESOLUTION AUTHORIZING THE
ISSUANCE OF $9,100,000 WATER AND SEWER REVENUE BONDS OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, SERIES OF 1980, AND PROVIDING
FOR THE DETAILS THEREOF AND THE ISSUANCE AND SALE OF BOND
ANTICIPATION NOTES PENDING THE ISSUANCE OF SUCH BONDS.
WHEREAS, by Resolution entitled "A Resolution Authorizing
the Issuance of $9,100,000 Water and Sewer Revenue Bonds of the City
of virginia Beach, Virginia, Series of 1980, and Providing for the
Form, Details and Payment Thereof and the Issuance and Sale of Water
and Sewer Revenue Bond Anticipation Notes Pending the Issuance of
Such Bonds, and Providing for the Form, Details and Payment Thereof"
(the Resolution) adopted March 24, 1980, the Council of the City of
Virginia Beach authorizing the issuance of $9,100,000 Water and Sewer
Revenue Bonds of the City of Virginia Beach and the issuance and sale
of Water and Sewer Revenue Bond Anticipation Notes pending the issuance
of such Bonds; and, among other things, provided in Section 11.2 that
such Notes shall mature no later than December 31, 1980; and,
WHEREAS, it now appears that the issuance of the Bonds by
December 31, 1980, is not practicable in that the City Council should
provide for the maturing of the Notes at a later date.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Section 11.2 of the Resolution is hereby amended and
re-enacted to read as follows:
4/21/80
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Section 11.2. Details of Notes. The
Notes shall be negotiable NFte-s with-
out coupons, shall be executed by the
City Manager or the Mayor with the City's
seal to be affixed and attested by the
Clerk or a Deputy Clerk, shall bear
interest at such rate or rates not to
exceed 11% per year and shall mature at
such tiine or times not later than May 31,
1981, all as the person executing such Notes
may determine to be in the best interest of
the City.
2. Except to the extent that it is hereby amended, the
Resolution is hereby reaffirmed in all respects, and this Resolution
shall take effect immediately.
The undersigned Clerk of the City of Virginia Beach,
Virginia, hereby certifies that the foregoing constitutes a true
and correct extract from the minutes of a Regular Meeting of the
Council of the City of Virginia Beach held on the 21st day of April,
1980, and of the whole thereof so far as applicable to the matters
referred to in such abstract.
WITNESS my hand and seal of the City of Virginia Beach,
Virginia, this 21st day of April, 1980.
Clerk, City of Virginia Beach,
Virginia
(SEAL)
4/21/80
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Upon motion by Councilman Payne, seconded by Councilman Holland,
City Council voted to ADOPT the Resolution amending Resolution
authorizing the Issuance of $9,100,000 Water and Sewer Revenue
Bonds of the City of Virginia Beach, Virginia, Series of 1980, and
providing for the details thereof and the issuance and sale of Bond
Anticipation Notes pending the issuance of such Bonds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/ 2 1/8 0
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(ITEM II-E.4) ITEM #15023
Requested by: Councilman R. L. Riggs
At a meeting of the Council of the City of Virginia Beach,
Virginia, held in the Council Chambers, in the Administration Building,
on the Twenty-first day of April, 1980, the following Resolution was
adopted.
R E S 0 L U T I 0 N
WHEREAS, the tourist industry serves an important function
and is vital to the economic stability of the City of Virginia Beach;
and,
WHEREAS, the Chesapeake Bay Bridge-Tunnel brings tourists to
Tidewater from the entire Northeastern United States; and,
WHEREAS, gasoline prices have risen at an astronomical
rate; and,
WHEREAS, commerce between the Eastern Shore and Tidewater
would be greatly enhanced if said tolls were removed from the Bay
Bridge-Tunnel.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT the Governors of Virginia and Maryland and the
congressional delegations are requested to petition the United
States Department of Transportation to appropriate and budget funds
to take over the Chesapeake Bay Bridge-Tunnel complex and make it a
part of United States Highway Thirteen
BE IT FURTHER RESOLVED that this request shall not be a
substitute for other Federal funds that will be available for needed
road projects within the City of Virginia Beach.
BE IT FURTHER RESOLVED that the City Clerk is directed to
forward a copy of this Resolution to the Governors of Virginia and
Maryland and the Congressional Delegation that represent the Common-
wealth of Virginia.
4/21/80
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Upon inotion by Councilman Riggs, seconded by Councilman Ervin, City
Council voted to ADOPT the Resolution requesting the Virginia and
Maryland Governors to petition the United States Department of
Transportation to take over the Chesapeake Bay Bridge-Tunnel and
make it a part of U S Highway Thirteen, as AMENDED.
AMENDED WORDING
U S Highway Thirteen
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/ 2 18 0
C 0 N S E N T A G E N D A
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.
(ITEM II-F.1) ITEM #15024
Upon motion by Councilman Merrick, seconded by Councilwoman Henley,
City Council voted to DEFER FOR ONE (1) WEEK the Standard Sewer
Agreement for Christopher Center.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/ 2 1/80
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(ITEM II-F.2) ITEM #15025
Upon motion by Councilman Merrick, seconded by Councilwoman Henley,
City Council voted to APPROVE the following Bingo/Raffle Permits:
Raffle Great Neck Athletic Association
(Renewal)
Raffle Green Run Elementary School P.T.A.
(Renewal)
Raffle Virginia Beach Flyers Booster Club
(Renewal)
Voting: 10-0
Council M@ers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
@/21/80
13-
P L A N N I DI G A G E N D A
(ITEM II-G.1) ITEM #15026
Mr. Henry A. Shook appeared in behalf of the application
Mr. John Currie, representing the Bay Colony/Cavalier Park Civic
League, appeared in opposition.
Councilman Merrick made a motion, seconded by Councilwoman Oberndorf,
to DENY the application of HENRY A. SHOOK for a variance to Section
4.4(b) of the Subdivision Ordinance.
Councilman Ervin offered a SUBSTITUTE MOTION, seconded by Councilman
Baum, to DEFER FOR THIRTY (30) DAYS (May 19, 1980) the application of
Henry A. Shook for a variance to Section 4.4(b) of the Subdivision
Ordinance, as per the following:
Subdivision Variance: Appeal from Decisions of
Administrative Officer in regard to certain elements
of the Subdivision ordinance, Subdivision of Henry A.
A. Shook. Property located at the Northwest inter-
section of Bay Colony Drive and a portion of vacated
Hill Road.
The applicant wishes to subdivide a 1.18 acre site,
located at the Northwest intersection of Bay Colony
Drive and Hill Road, into two (2) lots.
Voting: 10-0
Council Members Voting Aye: (for substitute motion)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
4/ 2 18 0
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Council Members Absent:
Mayor Patrick L. Standing
City Council voted to DEFER FOR THIRTY (30) DAYS (May 19, 1980) THE
request of Henry A. Shook for a variance to Section 4.4(b) of the
Subdivision Ordinance.
(ITEM II-G.2) ITEM 915027
Arley Robinson appeared in behalf of the applicant
Fred Schubart, Vice President of his Civic League
Upon motion by Councilman Merrick, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the Planning Commission
and DENY the application of MORGAN HUNTER DREWERY for a variance to
Section 4.4(b) of the Subdivision ordinance, as per the following:
Appeal froln Decisions of Administrative officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Morgan Hunter Drewery.
Property located on the South side of Inlet Road,
850 feet more or less West of the intersection
with Ridge End Road.
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 subdivide an
approximate 1.47 acre site, located on the South
side of Inlet Road, approximately 850 feet West of
Ridge End Road, into two (2) lots.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
4/ 2 1/80
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Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
(ITEM II-G.3) ITEM #15028
Mr. Richard A. Brugh appeared in behalf of the application
Upon motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to permit WITHDRAWAL of the request of RICII-@RD A. BRUGH 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 for Richard A. Brugh. Property locat'ed at
the Northwest corner of Atlantic Avenue and 51st Street.
The applicant requests a variance to Section 4.4(b) of
the Subdivision Ordinance which requires lot dimensions
to conforii to the Comprehensive zoning ordinance. The
applicaht wishes to subdivide an approximate 9,240
square foot site, located at the Northwest corner of
Atlantic Avenue and 51st Street, into two (2) lots.
Voting: 10-0
Council Members Voting Aye: (for withdrawal)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
4/2 1/8 0
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Council members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
(ITEM II-G.4) ITEM #15029
Mr. Robert Vaughan appeared in behalf of the applicant
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of ERVIN L. VAUGHAN for a
Conditional Use Permit, as per the following; subject to the conditions
outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF ERVIN L. R0480313
VAUGHAN FOR A CONDITIONAL USE PERMIT
FOR TWO MOBILE HOMES FOR SHELTER FOR
FARM LABORERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Ervin L. Vaughan
for a Conditional Use Permit for two mobile
homes Tor shelter for farm laborers on certain
property located on the South side of Vaughan
Road beginning at a point 3420 feet more or
less West of Princess Anne Road, running a
distance of 820 feet along the South side of
Vaughan Road, running a distance of 1810 feet
in a Northerly direction, running a distance
of 50 feet in a Northeasterly direction, running
a distance of 1700 feet more or less in a North-
westerly direction, running a distance of 1320
feet in a Southerly direction, running a distance
of 700 feet in an Easterly direction, running a dis-
tance of 2350 feet in a Southerly direction, running
a distance of 2270 feet in a Southeasterly direction
and running a distance of 1430 feet in a Northeasterly
direction. Said parcel contains 179.36 acres. PU@@GO
BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Compliance with Article 2, Section 232 of the
Comprehensive Zoning Ordinance pertaininq to
Mobile Homes for the Shelter of Farm Laborers.
4/ 2 18 0
-17-
2. Approval for septic tank is pending the outcome
of a soil analysis 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 Twenty-first day of April, 1980
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/21/80
-1 8-
(ITEM II-G.5) ITEM #15030
Mr. Chris Bethedis appeared in behalf of the applicant.
Upon motion by Councilwoman Henley, seconded by Councilman Payne, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of W. W. OLIVER, Jr., for a Change of Zoning
District Classification, as per the following:
ORDINANCE UPON APPLICATION OF W. W. OLIVER, Z0480494
JR., FOR A CHANGE OF -IONING DISTRICT CLASSIFI-
CATION FROM A-1 APARTMENT DISTRICT TO B-2
COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
ordinance upon application of W. W. Oliver, Jr., for
a Change of Zon ct Classification from A-1
rtng Di -
Apartment Dist r s:fl2 Community-Busi-ness District
_t t.
on certain property located 181.30 feet East of Princess
Anne Road, beginning at a point 830 feet more or less
North of Indian River Road, running a distance of 58
feet along the Southern property line, running a distance
of 150 feet along the Eastern property line, running a
distance of 58 feet along the Northern property line and
running a distance of 150 feet along the @lestern property
line. Said parcel contains .199 acre. PRINCESS ANNE
BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site
Plan Ordinance.
2. 14o further expansion of septic drainfields is
allowed. Thus, any intention to expand the
existing restaurant facilities would not be
permitted by the Health Department.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-first day of April, 1980
Voting: 10-0
4/2 1/80
-1 9-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
P4ayor J. Henry McCoy, Jr., Donald W. Merrick,
14eyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Meribers Absent:
Mayor Patrick L. Standing
(ITEM II-G.6) ITEM #15031
Attorney Garrett Binson appeared in behalf of the applicant
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of FREDERICK A. HEITD4ANN, JR., AND SHIRLEY
S. HEITMANN for a Change of Zo ric t Classification, as per the
to the condn Di::t
following; subject ittgn. forth in the City Manager's
letter; AND, the elimination of item three (3) and four (4):
ITEM THREE - Right-of-way improvements will be
necessary along Mayo Road; this includes pavement
widening, curb and gutter, and sidewalks.
Replace item three (3) with a LETTER OF CREDI-I
ADVISING THE APPLICANT WILL PLACE IN ESCROW
MONEY NEEDED FOR THE IMPROVEMENTS TO MAYO ROAD.
ITEM FOUR - The cost of the design and construction
of a standard City street along this site's frontage
on Virginia Beach Boulevard is to be deposited in the
Virginia Beach Boulevard project account.
4/2 1/80
-2 0-
ORDINANCE UPON APPLICATION OF FREDERICK A. Z0480495
HEITMANN, JR., AND SHIRLEY S. HEITMANN FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-6 RESIDENTIAL DISTRICT TO B-2 COMMUNITY-
BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Frederick A. Heitmann,
Jr., and Shirley S. Heitmann for a ange o n
Z
from R-6 R C@ t Of D istrict
District Classification ,de i.,
Eo B--2 Community-Business District on certain property
located on the Southwest corner of Virginia Beach
Boulevard and Mayo Road, running a distance of 75 feet
along the South side of Virginia Beach Boulevard,
running a distance of 150 feet along the Western
property line, running a distance of 75 feet along
the Southern property line and running a distance of
150 feet along the West side of Layo Road. Said
parcel contains .26 acre. BAYSIDE BOROUGH.
Approval is subject to the following conditions in
conjunction w-th the intended use of the land:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. Letter of Credit advising the applicant will place
in Escrow money needed for the improvements to Mayo
Road.
4. A dedication of right-of-way 80-feet from the
centerline of the proposed construction center-
line median along the 75-foot frontage on Virginia
Beach Boulevard (a 20-foot dedication).
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-first day of April , 1980.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs
4/ 2 1/8 0
- 21-
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
(ITEM II-G.7) ITEM #15032
Miss Audrey Payne appeared in behalf of the applicant.
Mr. and Mrs. Marvin B. Perry appeared regarding their application.
Upon motion by Councilman Holland, seconded by Councilman Riggs, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of MARVIN B. AND RUBY M. PERRY for a Change
of Zoning District Classification from R-6 Residential District to B-2
Community-Business District, as per the following; subject to the
conditions as outlined in the City Manager's letter; AND, the elimination
of ITEM FOUR (4):
THE COST OF THE DESIGN AND CONSTRUCTION OF A STANDARD
CITY STREET ALONG THIS SITE'S FRONTAGE ON VIRGINIA
BEACH BOULEVARD IS TO BE DEPOSITED IN THE VIRGINIA
BEACH BOULEVARD PROJECT ACCOUNT.
ORDINANCE UPON APPLICATION OF MARVIN B. Z0480496
AND RUBY M. PERRY FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-6 RESIDENTIAL
DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Marvin B. and Ruby M.
Perry for a Change of Zoni?ZtDtstrict Cl@@ificati.n
from R-6 Res dential Di 23tr B-2 Cominunity-Business
District on certain property located on the South side
of Virginia Beach Boulevard beginning at a point 75 feet
West of Mayo Road, running a distance of 75 feet along
the South side of Virginia Beach Boulevard, running a
distance of 154.76 feet along the Western property line,
running a distance of 36.91 feet along the Southern
property line and running a distance of 150 feet along
the Eastern property line. Said parcel contains .20 acre.
BAYSIDE BOROUGH.
4/21/80
-2 2-
Approval is subject to the following conditions 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. A dedication of right-of-way 80-feZt from the
centerline of the proposed construction center-
line median along the 75-foot frontage on Virginia
Beach Boulevard (a 20-foot dedication).
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the enty-first day of April, 1980.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Obernodrf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/21/80
-'-2 3-,
"Oil 123
E N C 0 R A C H M E N T
(ITEM II-H.l.a) ITEM #15033
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to APPROVE the request of Donald N. and Pam P. Johnson
and ADOPT the Ordinance granting a temporary encroachment into a
portion of the right-of-way of West Stratford Road to Donald N. and
Pam P. Johnson and Ernest C. Levister, Jr.; subject to the following:
1. The property owners will remove the bulkhead
if the right-of-way becomes necessary for
public purposes.
2. The City shall be held harinless for any and all
liabilities in regard to this encroachment.
3. The bulkhead shall be erected in accordance with
the City's spacifications as to size, alignment,
and location.
4. The encroachment shall not be in effect until the
applicants have signed an agreement with the City
of Virginia Beach including the aforementioned
provisions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/ 2 1/8 0
-24-
-,,@:ok2Ol i- par; 324
AN ORDINANCE GRANTING A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF WEST STRATFORD ROAD
TO DONALD N. AND PAM P. JOHNSON AND
ERNEST C. LEVISTER, JR.
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, Donald N. and Pam P.
Johnson and Ernest C. Levister, Jr. are authorized to erect and maintain a
temporary encroachment into a portion of the City right-of-way of West Stratford
Road.
That the temporary encroachment herein authorized is for the purpose of
erecting a wooden bulkhead for the protection of an existing tree located on the
property adjacent to West Stratford Road; that said bulkhead shall be erected 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 particulary described as follows:
Begining at a point on the Northern edge of the right-of-way of
West Stratford Road and common to Lots 14 and 15 Block 45,
Section C, Plat Of Ocean Park, proceed 15 feet in a southeasterly
direction along an arc with a radus of 1248.57 feet, then 6 feet
in a S35'44'59"W direction, then northwesterly for 30 feet along
an acr with radius of 1254.57 feet, then 6 feet in a N35'44'59"E
direction, then 15 feet in a southeasterly direction along an
arc with a radius of 1248.57 feet as shown on that plat entitled:
"Site Plan Of Lot 14, Block 45, Section C, Ocean Park, Virginia
Beach, Virginia, For Henry Thompson" dated May 3, 1979, and on
file in the Department of Public Works of the City of Virginia
Beach.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
shall tertninate upon notice by the City of Virginia Beach to the parties of the
second part and that within ten days after such notice is given, said bulkhead
shall be removed from the City right-of-way of West Stratford Road by the parties
of the second part , and that the parties of the second part shall bear all costs
and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed that
the parties of the second part shall indemnify and hold harmless the City of
4/21/80
-25-
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 sign.
AND, PROVIDED FURTHER, that tliis ordinance shall not be in effect
until such time that the parties of the second part execute an agreement with
the City of Virginia Beach encompassing the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 21st day of April I%o -
MES/ih
3/17/80
APpROVED AS TO !:ONTENTS
SIGIIATURE
p@. (3 " -
DEPARTt,',ENT
APpROVED AS TO
ATTORN
4/21/80
326
LOT 14-
CO
F la FL
WF@ NO. 92?
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..... 19 ..... ............0......... tbe
CvVflcate oracknotitedSmetit themto exaaee4 admitted to mwrd '7be tav in@ tbe C.,I,,
bm &m @i,4 in the aount of S .......................
-27-
A P P R 0 P R I A T I 0 N S
SECOND READINGS
(ITEM LL-H.2.a.1) ITEM #15034
AN ORDINANCE TO TRANSFER APPROPRIATIONS
TOTALING $65,000 FROM BEACHWOOD SEWER
TO BEECHWOOD WATER AND BEECHWOOD STREETS
WHEREAS, the City wishes to begin work in the Beechwood
target area under its Community Development Block Grant Program
(CDGB); and,
WHEREAS, it is economically more feasible to have
engineering services performed for the sewer, water and streets
projects by the same firm at the same time; and,
WHEREAS, the Department of Housing and Urban Development
allows transfers of funds among projects within the same target area.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That appropriations totaling $65,000 be transferred from
Beechwood Sewer to Beechwood Water ($15,000) and to Beechwood Streets
($50,000), all projects being funded by the fifth program year of the
CDGB.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-first day of April, 1980
FIRST READING: 14 April 1980
SECOND READING:- 21 April 1980
4/21 /60
-2 8-
Upon motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE ON SECOND READING the Ordinance to
transfer appropriations totaling $65,000 from Beechwood Sewer to
Beechwood Water and Beechwood Streets.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/21/80
-2 9-
(ITEM II-H.2.a.2) ITEM #15035
Upon motion by Councilman Payne, seconded by Councilman Holland,
City Council voted to APPROVE ON SECOND READING the ordinance to
accept a Grant totaling $67,036 from the Division of Justice and
Crime Prevention, and to appropriate funds totaling $73,732.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. M6rrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 30-
Requested by: City Manager
AN ORDINANCE TO ACCEPT A GRANT
TOTALING $67,036 FROM THE DIVISION
OF JUSTICE AND CRIIE PREVENTION,
AND TO APPROPRIATE FUNDS TOTALING
$ 73 , 732
WHERF-AS, the Commonwealth's Attorney desires to more
effectively prosecute career criminals and major violators
charged with crimes, and
WHERF,AS, the Division of Justice and Crime Prevention
(DJCP) has approved third year funding to accomplish the above
objective,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that a grant be accepted and appropriated
for the following purpose:
Estimated Revenue Local Total
From Other Agencies Match Appropriations
Major Violator Unit $632684 $10,048 $73,732
That the appropriations be financed by $63,684 estimated
revenue from the DJCP, and a local contribution of $10,048 to be
transferred from excess appropriations in the Cormnonwealth's Attorney's
fiscal year 1980 Operating Budget, and
That a total of three personnel positions be authorized for
the duration of the grant, to be paid from the grant, with classes
of employees to be detennined by the City Manager.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 21st d April 19 80
ay of
First Reading: 14 April 1980
Second Reading: 21 April 1980
T, r-,@l-irt!T
4/21/80
31-
(ITEM II-H.2.a.3) ITEM #15036
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to APPROVE ON SECOND READING the Ordinance to transfer
funds of $30,000 within the Department of Public Utilities for a Rate
Study.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Obernodorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
Donald W. Merrick
Council Members Absent:
Mayor Patrick L. Standing
4/21/80
-32-
Requested by: City tlanager
AN ORDINANCE TO TRANSFER FUNDS OF
$30,000 WITHIN THE DEPARTMENT OF
PUBLIC UTILITIES FOR A RATE STUDY
WHEREAS, the previous issuance of $39,900,000 Double Barrel
Bonds assured the bondholders of the city's obligation to review
the rates and charges of the water and sewer enterprise fund in
order to maintain the fund's self-sustaining basis and provide
security for the bonds, and
WHEREAS, the Department of Public Utilities needs a rate
study in order to review present expenses and sources of revenue, and
WHEREAS, Buck, Seifert & Jost, Inc. has proposed such a study
at a cost of approximately $30,000, and
WHEREAS, unused personnel funds in the operating budget of
the Engineering Division of the Department of Public Utilities are
available for financing this study.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $30,000 be transferred
within the Engineering Division of the Department of Public Utilities
for the purpose of financing a rate study on the city's water and
sewer system.
BE IT FURTHER ORDAINED that the City Manager is hereby authorized
to enter into a contract with Buck, Seifert & Jost, Inc. for the
purpose of conducting a rate study.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 21 qf- day of April 19 80
First Reading: 14 April 1980
Second Reading: 21 April 1980
4/21/80
3 3-
(ITEM II-H.2.a.4) ITEM #15037
ORDINANCE TO APPROPRIATE $90,000 FOR THE
PURCHASE OF AN AERIAL LADDER TRUCK FROM
THE OCEAN PARK VOLUNTEER FIRE AND RESCUE
SQUAD, INC.
WHEREAS, the Ocean Park Volunteer Fire and Rescue Squad,
Inc., is considering the sale of its aerial ladder truck; and,
WHEREAS, the City has need of this equipment, particularly
in areas having high rise buildings such as Ocean Park; and,
WHEREAS, the purchase price of the equipment is $90,000
consisting of a cash payment of $80,000 and cancellation of the
remaining indebtedness on the original City loan for the purchase
of the equipment of $10,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, that funds of $90,000 be appropriated from the
General Fund Balance for the purchase of an aerial ladder truck.
Adopted by the Council of the City.of Virginia Beach,
Virginia, on the Twenty-first day of April, 198Q.
Upon motion by Councilman Riggs, seconded by Councilman Holland, City
Council voted to APPROVE ON SECOND READING the Ordinance to appropriate
$90,000 for the purchase of an aerial ladder truck from the Ocean Park
Volunteer Fire and Rescue Squad, Inc.
Voting: 10-0
4/21/80
-3 4-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/21/80
- 35-
A P P R 0 P R I A T I 0 N S
FIRST READINGS
(ITEM II-H.2.b.1) ITEM #15038
AN ORDINANCE TO APPROPRIATE FUNDS FOR THE
TIDEWATER VIRGINIA ALCOHOL SAFETY ACTION
PROGRAM (TVASAP) FOR THE PERIOD ENDING
JUNE 30, 1980
WHEREAS, the TVASAP is designed to reduce alcohol related
crashes, injuries and fatalities on local highways; and,
WHEREAS, Tidewater Community College (TCC) is relinquishing
fiscal management responsibilities of the TVASAP; and,
WHEREAS, with the concurrence of the State Department of
Transportation Safety, the City of Virginia Beach desires to create
such a program pursuant to 18.2-271.1(d), Code of Virginia, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to create such a
program pursuant to 18.2-271.1(d), Code of Virginia, as amended, for
the City and funds are hereby appropriated in the amount of $89,875
for the TVASAP for the period ending June 30, 1980; and
The City Manager is authorized to accept any gifts or
bequests of money or property, and any Grant, loan, service, payment
or property from any source, including the Federal government, for
the purpose of driver alcohol education.
The City Manager is further directed to deposit in a separate
fund any such gifts, bequests, Grants, loans or payments in accordance
with 18.1-271.1(al), Code of Virginia, as amended.
4/21/80
36-
BE IT FURTHER ORDAINE6 that the appropriations will be
financed by $89,875 estimated revenue from fees; and,
BE IT FURTHER ORDAINIED that ten personnel positions are
hereby authorized, with the employee classes to be determined by
the City Manager.
This ordinance shall be effective from date of adoption.
FIRST READING: 21 April 1980
SECOND READING:
ADOPTED by the Council of the City of Virginia Beach,
Virginia, on the day of 1 1980
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE ON FIRST READING the Ordinance to
appropriate funds for the Tidewater Virqinia Alcohol Safety Action
Program (TVASAP) for the period ending June 30, 1980.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/21/80
-3 7-
(ITEM II-H.2.b.2) ITEM #15039
AN ORDINANCE TO APPROPRIATE ADDITIONAL
FUNDS OF $472,179 FOR THE STATE FUEL
ASSISTANCE PROGRAM
WHEREAS, the Commonwealth of Virginia has initiated a Fuel
Assistance Program to offset the increase in fuel costs for eligible
citizens; and,
WHEREAS, the Fuel Assistance Program including administrative
cost is initially incurred by the City with the State reimbursing the
City for 100% of the cost; and,
WHEREAS, the State Department of Welfare has allotted to
the City of Virginia Beach an additional $403,057 for fuel assistance
benefits to eligible participants and $69,122 for administration of
the Program; and,
WHEREAS, this additional funding will support expanding the
maximum benefits for $200 to $400 as well as reach additional citizens;
and,
WHEREAS, the Program will continue to be administered in
the Department of Social Services with the existing personnel require-
ments.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that $472,179 be appropriated to the City's
Department of Social Services for the Fuel Assistance Program including
administrative cost and that the General Fund's Reserves be increased
in an equal amount for the 100% reimbursement from the Commonwealth of
Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1980.
FIRST READING: 21 April 1980
SECOND READING:
4/21 /80
- 3 8-
Upon motion by Councilman Ervin, seconded by Councilman Payne, City
Council voted to APPROVE ON FIRST READING the Ordinance to appropriate
additional funds of $472,179 for the State Fuel Assistance Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/21/80
39-
(ITEM II-H.2.b.3) ITEM #15040
AN ORDINANCE TO ACCEPT A GRANT TOTALING
$5,468 FROM THE SOUTHEASTERN TIDEWATER
OPPORTUNITY PROJECT AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the City wishes to provide recreational programs
for its underprivileged youth during the summer of 1980; and,
WHEREAS, the Southeastern Tidewater Opportunity Project
(STOP) has received funds from the Community Service Administration
(CSA), providing funding for recreation programs within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the
Grant for the City, and funds are hereby appropriated for the following
purpose:
Total
Appropriation
CSA - Summer Youth Recreation
Program $5,468
That the appropriations be financed 100% by Federal funds,
coming from the CSA through STOP; and,
That one personnel position be authorized for the duration
of the Grant, to be paid by the Grant, with the class of employee to
be determined by the City Manager.
FIRST READING: 21 April 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of , 1980.
This Ordinance shall be effective upon date of adoption.
4/21 /80
-4 0-
Upon motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE ON FIRST READING the Ordinance to accept
a Grant totaling $5,468 from the Southeastern Tidewater Opportunity
Project and to appropriate these funds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riqgs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/21/80
- 4 1-
C I T Y C 0 D E A M E N D M E N T S
(ITEM II-H.3.a) ITEM #15041
The following appeared regarding the proposed ordinance:
Mr. Gary Bobbit, Past President, Hobie Fleet 32
Mr. Steve Wynkoop
Miss Joyce Walsh
Mr. Michael Worrell, President, Hobie Fleet 32
Upon motion by Councilman Merrick, seconded by Councilman Riggs,
City Council voted to APPROVE the Ordinance to amend and reordain
Section 6-13 of the City Code pertaining to the Landing, Launching,
Parking and Stationing of certain vessels on the City beaches.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferreil,
Barbara M. Henley, Acting Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, and Roger L. Riggs
Council members Voting Nay:
Clarence A. Holland
Council Members Absent:
Mayor Patrick L. Standing
4/ 21 /80
-4 2-
Requested by the City Manager
AN ORDINANCE TO AMEND AND REORDAIN
SE.CTION 6-13 OF THE CITY CODE
PERTAINING TO THE LANDING, LAUNCHING,
PARKING AND STATIONING OF CERTAIN
VESSELS ON THE CITY BEACHES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 6-13 of the Code of the City of Virginia Beach is hereby
amended and reordained as follows:
Section 6-13. Landing, launching, parking, etc. certain vessels in certain areas.
(a) It shall be unlawful for any person to launch or land a sailboat,
motor boat, canoe, rowboat, flatboat, kayak, umiak, scull or any other similar
recreational vessel on the beach area north of Rudee Inlet to the center line
of 42nd Street prolongated eastward, between May 15th and September 30th during
the hours of 10:00 A.M. and 5:00 P.M.
(b) It shall be unlawful for any person to park or station a sailboat,
motorboat, canoe, rowboat, flatboat, kayak, umiak, scull or other similar
recreational vessel on the beach area north of Rudee Inlet to the center line
of 42nd Street prolongated eastward, with the following exceptions:
(1) In an emergency;
(2) With an approved race or regatta permit; or
(3) In the process of launching or landing a vessel
specified above in the areas and during the time periods
permitted in Section 6-13(a).
(c) It shall be unlawful for any person to launch, land, park or
station a motorboat on the beach between the area north of the center line
of 42nd Street prolongated eastward and the southern boundary line of Fort
Story, except in an emergency or with an approved race or regatta permit.
(d) It shall be unlawful for any person to launch, land, park or
station a sailboat on the beach between the area north of the center line of
42nd Street prolongated eastward and the southern boundary line of Fort Story
without a permit from the City Manager, with the following exceptions:
4/21/80
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(1) In an emergency;
(2) With an approved race or regatta permit.
(e) Permits will be issued by the City Manager for sailboats to be
launched, landed, parked, or stationed on the beach between the area north
of the center line of 42nd Street prolongated wastward and the southern
boundary line of Fort Story under the following conditions:
(1) The permit to be issued on a first come first serve basis
subject to subsection (i) and (j) of section 6-13 of the City Code;
(2) City Manager shall limit the number of permits to four (4)
sailboats per block between the area north of the center line of 42nd
Street prolongated eastward and the center line of 57th Street pro-
longated eastward; seven (7) sailboats per block between the area north
of the center line of 57th Street prolongated eastward and the center
line of 77th Street prolongated eastward; and twelve (12) sailboats
per block between the area north of the center line of 77th Street
prolongated eastward to the southern boundary line of Fort Story.
(3) A sailboat having a valid permit under this subsection may
be launched, landed, parked or stationed on the beach area in front
of any block between 42nd Street and Fort Story as long as the maxinium
number as set forth in section 6-13(e)(2) is not exceeded. If the
maximum number as set forth in section 6-13(e)(2) is exceeded, then
the sailboat that does not have a permit for that particular block shall
be in violation of this section.
(4) Permits are valid only for the m6nth of March through the month
of October for the year in which the permit was issued;
(5) Permits must be renewed annually as provided in section 6-13(e)
of the City Code;
(6) Annual permit fee of $30.00 for residents of the City of Virginia
Beach and $60.00 for non-residents;
(7) No parking or stationing of sailboats on the sand dunes or in
front of access points or street ends;
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4/21/80
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(8) No anchors to be driven in the beach to secure sailboats;
(9) No sailboats to be secured to lawful fixtures or structures
on the beach;
(10) Permits placed on outside port (left) bow of sailboat;
(11) Permits are non-transferable.
(f) Whenever any vessel shall have been launched, landed, parked,
or stationed on the city beaches in violation of any of the provisions of any
ordinance prohibiting or restricting same, the owner of such vessel shall be
prima facie responsible for such violation and subject to the penalty therefor.
(g) Any police officer of the City of Virginia Beach is hereby
authorized to remove and impound or have removed and impounded any vessel
which appears to be in violation of this ordinance or which is lost, stolen,
abandoned or unclaimed. In addition to the fine imposed by section 6-13(h),
such vessel shall be removed and impounded at owner's expense until lawfully
claimed or disposed of.
(h) Any person who shall violate any of the provisions of section 6-13
shall be guilty of a Class IV misdemeanor.
(i) Any permittee who has three (3) or more convictions, or findings
of not innocent in the case of a juvenile, of violating sections 6-13(h) or
6-14 of the Code of the City of Virginia Beach within the permit period, shall
cause the City Manager to revoke that person's permit. That person shall not
be eligible for another permit for the same permit period.
(j) Any person who has six (6) or more convictions, or findings
of not innocent in the case of a juvenile, of violating sections 6-13(h) or
6-14 of the Code of the City of Virginia Beach within any two (2) year period,
shall not be issued a permit by the City Manager for the next two (2) years.
This ordinance shall be effective thirty days from adoption.
Adopted by the Council of the City of Virginia Beach on the 21 day
of April 1980.
41114it, -
4/21/80
4 5-
(ITEM II-H.3.a.a) ITEM #15042
Upon motion by Councilman Merrick, seconded by Councilman Riggs, City
Council voted to APPROVE the Ordinance to amend and reordain Section
6-14 of the City. Code pertaining to sound-producing devices for landing
and launching sailboats.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/21/80
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Requested by the City Manager
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-14 OF THE CITY CODE
PERTAINING TO SOUND-PRODUCING
DEVICES FOR LANDING AND LAUNCHING
SAILBOATS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 6-14 of the Code of the City of Virginia Beach is hereby
amended and reordained as follows:
Section 6-14. Sound-producing devices for launching and landing sailboats.
It shall be unlawful for any person to launch or land a sailboat along
any land abutting the waters of the Atlantic Ocean without having on board a sound
producing device capable of producing a sound for six (6) seconds duration and
audible for one-half (1/2) mile. Such sound-producing devices shall be sounded
upon launching and landing. No siren shall be considered a sound-.0roducing device
for the purposes of this section if it shall not instantaneously produce a sound.
Adopted by the Council of the City of Virginia Beach on the 21 day
of April -, 1980.
This ordinance shall be effective thirty days from adoption.
DSH:kg
11/23/79
3/10/80
4/21/80
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(ITEM II-H.3.b) ITEM #15043
Upon motion by Councilman Merrick, seconded by Councilman Ferrell,
City Council voted to APPROVE the Ordinance to amend and reordain
Sections 29-1, 29-3, 29-4 and 29-11 of the Code of the City of
Virginia Beach, Virginia, relating to sewer connections, fees,
maintenance and line fee exemptions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
4/21/80
-4 8-
Requested by: City Manager
AN ORDINANCE -@O AKIEND AND REORDAIN
SEC-,.IONS 29-1, 29-3, 29-4 AND 29-11
OF THE CODE OF THE CITY OF VIRCINIA
BEACH, VIRGINIA, RELA-.Ill(, TO SEWER
CONNECTIONS, FEES, MAINTE@TANCE AND
LI@TE FEE EXEDIPTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That sections 29-1, 29-3, 29-4 and 29-11 of the Code of the
City of Virginia Beach, Virginia, are hereby amended and
reordained as follows:
Section 29-1. Required.
The owner of any dwelling or other building in vihich human
beings live or congregate shall, whenever a pUbliC sewer system
shall hereafter be made availai)le by the city, connect sucli
dwelling or building with such public sewer line within one year
after such line becomes available. For the purposes of this
chapter, "public sewer system" shall be defined as any
appurtenance of that integrated regional system of sewer
collection, transinission or treatment, whether located within or.
without the boundaries of the City, which has been, or is
intended to be, installed, operated or maintaine(I by the City; or
in the installation, operation or maintenance of which the City
has, is or intends to participate financially. Date of
availability shall he that on which notice is given bv
publication or by mailing or delivering notice to the affected
property. However, the director of public health mav re(juire
connection within sixty days if, in his opinion, a health hazard
exists.
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If, at the tim-e of enactment of this section, public sewer
service is presently available to any property as defined above,
then the owner shall effect a connection thereto either within
three years of the date sewer service became available or within
one year of the effective date of this section, whichever shall
be the earlier. However, the director of public health mav
require connection within sixty days if, in his opinion, a health
hazard exists.
It shall be unlawful for any person to empty any sewage or
industrial waste into any well, septic tank, open stream or
waterway, upon any other land or water, or into any
noncertificated sewer service, at any time after connection to
the public sewer system as required by this section.
It shall be unlawful for any person to occupy, lease or rent any
premises in violation of this section. Each day of occupancv or
use of any premises in violation of this section shall constitute
a separate and distinct offense.
Section 29-3. Fees generally.
-,he following sewer connection and installation fees shall
be paid:
(A) Connection to the public sewer system
(tap fee):
4 inches . . . . . . . . . . . . . . . . $110.00
6 inches . . . . . . . . . . . . . . . . $135.00
-laps in excess of 6 inches: Cost of labor,
material and equipment, plus 25% administrative charge.
The following fees shall also be applicable to
presently connected Llses or structur(-s wlienever a present
use of structure is expanded, changed or modified. In stich
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5 0
cases, the fees shall be determined on the basis of the
total proposed new uses or structures, less a credit at
current rates for the presently existing uses or structures
or the last structure if previously demolished; provided,
the property has not been vacant for more than five (5)
years. No credit shall be allowed after five (5) years.
(B) Property owners' share of system installation, where
connection is made to the public sewer system
line fee)
(1) Single-family residences, for the first
100 feet frontage of parcel, or portion
thereof . . . . . . . . . . . . . . $780.00
For each foot of frontage in excess of
100 feet, per foot . . . . . . . . . $10.00
In cases where the front footaqe is 1.5 or more
times greater than the rear yard footage, the front footage
for the purposes of this subsection shall be determined by
adding the front and rear yard lengths and dividinq that SLIM
by two. Whenever a sewer line is located on two (2) sides
of a parcel, the shorter side shall be the one upon which
the determination of front footage shall ))e calculate(].
Whenever a line is located on only one side of a parcel,
that side shall be used for the purpose of front footage.
In cases where there are frontages on residences
zoned for agricultural use which are larger than the minimum
frontage requirements for residential property, the director
of the department of public Litilities may authorize line
fees to be computed based on the MiniMLIM front footaqe "'or
residential property for each dwelling unit on the propertv.
In cases where there are frontages on residences zoned
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residential use but actually used for agricultural,
horticultural, forest, or open space and are currently
classified and taxed for such use by the real estate
assessor, the director of the department of public utilities
may authorize line fees to be computed based on the minimum
front footage for residential property for each dwelling
unit on the property. Provided that in either of the
aforementioned cases that owners of such propert@, sign an
agreement, to be recorded against the property, that at the
time the property is further developed, subdivided, changes
title, or experiences a change in tax classification, full
fees will become due and payable. -he rates applicable will
he those prevailinq at the titne the change to the property
takes place, and will be based on the land use type which
will be in effect after the change.
(2) Motels and hotels:
For tlie first unit . . . . . . . . @485.00
For the next units to 12 units
per acre density; per unit or
fraction thereof . . . . . . . . . $240.00
For the next units from 13-24
units per acre density; per unit
or fraction thereof . . . . . . . . $475.00
For the next units from 25-36
tinits per acre (lensity; per unit
or fraction thereof . . . . . . . . $710.00
For all units over 36 units per
acre density; per unit or fraction
thereof . . . . . . . . . . . . . . $780.00
where more than one use occurs on a parcel,
density for motels and hotels shall be based on the land
area of the entire parcel excluding the square footage
occupied by all other existing uses. -,he director of public
utilities is hereby authorized to enter into written
agreements, pursuant to paraqraph (H) below, which further
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4/21 /80
-52-
provides that in the event the line fees set forth above are
changed by act of city council within twelve (12) months
@rom the date of the agreement, then the new rates shall be
prorated according to the terms set forth in paragraph (H)
and any difference in the initial down payment shall he
either due or refunded and the remaining payments shall be
adjusted accordingly. Interest shall only accrue on that
portion of the upaid balance remaining after such
adjustments.
(2.1) Structures with two (2) or more family
residential units:
For tlie first unit . . . . . . . . S560.00
For the next units to 10- units
per acre density; per unit or
fraction thereof . . . . . . . . . $240.00
For the next units from 13-24
units per acre density; per unit
or fraction thereof . . . . . . . . $475.00
For the next units from 25-36
units per acre density; per unit
or fraction thereof . . . . . . . . S710.00
For all units over 36 units per
acre density; per unit or fraction
thereof . . . . . . . . . . . . . . $780.00
Where more than one use occtirs on a parcel,
density for multifamily shall he based on the land area of
the entire parcel excluding the sctuare footage occupied by
all other existing uses.
(3) Nursing and convalescent homes; per
room (calculated at two (2) beds = one
room] . . . . . . . . . . . . . . . S170.00
(4) Trailers, per space . . . . . . . . $240.00
(5) Professional and office buildings,
per 600 square feet of building
area . . . . . . . . . . . . . . . $170.00
(6) Retail stores and shopping centers,
per square foot of floor space . . . $0.11
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4/21 /80
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(7) Industrial, manufacturing, wholesale,
assembly, processing and distribution
facilities, doliestic use, per square
foot of floor space . . . . . . . . $0.11
Separate warehouse facilities used for
storage, only, where no industrial,
manufacturing, or processing takes
place, per square foot of floor
space . . . . . . . . . . . . . . . $0.02
(8) Restaurants; establishments serving prepared food
and drink:
For the first 10 seats . . . . . . $780.00
For the next 40 seats, fee per seat . $22.00
For all seats over 50 seats, fee per
seat . . . . . . . . . . . . . . . ,;38.00
(9) In all cases where the use or structure has not
been described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto shall
be computed as follows:
(a) The estimated daillv flow of the proposed use
shall first be determined by the department of public
utilities, based on similar actual flows of comparable
uses, taking into account the hours of operation, type
of use, location and other criteria determinative of
estimated flow; then
(b) -his estimated daily flow will be divided by
400, yielding a demand units figure; then
(c) This demand units figure will be multiplied
by the applicable minimum fee for a single-family
residence.
(d) If an estimated flow cannot be accurately
determined, the director of public utilities is
authorized to accept a deposit in advance of actual
flows, with the fee to be determined after one year of
actual consumption, as per (a) to (c) above.
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(10) Where gravity sewer service is not abailable to
the property owner, the fees applicable in subsections (1)
to (9).shall be calculated at one-half (1/2) those
enumerated above.
(C) Property owners' share of system installation costs,
where the property owner must construct a sewer or sewers, which
are to become a part of the public sewer system, to provide
service to a specific parcel or parcels, as shall be shown on the
approved construction plans, shall be:
(1) Single-fainily residences; each . . . . $150.00
(2) tiotels and hotels, and structures
with two (2) or more family residential units:
For the first units up to 12 units
per acre density; per unit or
fraction thereof . . . . . . . . . . $95.00
For all units over 12 units per
acre density; per unit or fraction
thereof . . . . . . . . . . . . . . . $150.00
Where more than one use occurs on a parcel,
density for motels, hotels for multifamily shall be based on
tlie land area of the entire parcel excludina the square
footage occupied by all other existing uSSes
(2.1) Structures with two or more family
units, per unit . . . . . . . . . . . . $110.00
(3) Nursing and convalescent homes,
per room [calculated at two (2)
beds = one room] . . . . . . . . . . $75.00
(4) Trailers, per space . . . . . . . . . $100.00
(5) Professional and office building;
per 600 square feet . . . . . . . . . @75.00
(6) Retail stores and shopping centers;
per square foot of floor space $0.03
(7) Industrial, manufacturing, wholesale,
assembly, processing and distribution
facilities, domestic use, per square
foot of floor space . . . . . . . . . $0.03
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Separate warehouse facilities used for
storage only where no industrial,
manufacturing or processinq takes
place, fee per scfuare foot of floor
space . . . . . . . . . . . . . . . . $0.01
(8) Restaurants; establishments serving prepared food
and drink:
For the first 10 seats . . . . . . . . $150.00
For the next 40 seats, fee per seat . - $4.00
For all seats over 50 seats, fee per
seat . . . . . . . . . . . . . . . . . $7.00
(9) In all cases where the use or structure has not
been described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto shall
be computed as follows:
(a) The estimated dailv flow of the proposed use
or structure shall be first determined by the
department of public utilities, based on similar actual
flows for comparable uses or structures, taking into
account the hours of operation, type of use, location
and other criteria determinative of estimated flow;
then
(b) This extimated daily flow will be divided by
400, yielding a demand units figure; then
(c) This demand units figure will be multiplied
by the minimum applicable fee for a single-family
residence.
(d) If an estimated flow cannot be accurately
determined, the director of public utilities is
authorized to accept a deposit in advance of actlial
flows, with the fee to be determined after one year of
actual consumption, as per (a) to (c) above.
(C-1) Property owner's share of the pump station costs:
Whenever system. installation costs are calculated
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pursuant to section (C)(1) through (C)(9) above, and the
propertv to be served discharqes throuqh a pump station
owned by the City of Virginia Beach, then in
addition to the fees above, there shall also he charged a
4.7ee in the stim of $175.00 per qallon per minute/peal-,
flow:
Peak flow shall be construed to mean the prevailinq
peak flow standards set forth hy the Stat(- Healtli
Department or the acttial peak flow, whichever is
qreater.
(C-2) Property owners' share of systeri installation, where
connection is made to the public sewer system 4n@tall@ in a
community development target area:
eat
For all occupants or owners whose total family income
is less than or equal to eiglity (80) percent of the medi.an
family income as determined bv the Secretarv of Housinq and
Urban Developr..ient, no line fees shall he due.
(D) Special sewer line fee for seasonably
operated camp sites, parks connected
to any main or interceptor, per camp
space . . . . . . . . . . . . . . . . . $100.00
Provided that to obtain such fee, the owner shall enter
into a contract with the city providing that, at such future time
that the camp park is converted to year-round use, fees specified
in paragraphs (B)(4) to (C)(4) shall be applicable and the owner
shall pay the difference in stich fees at time of conversion to
year-round use.
(E) In no event shall any line fee for any purpose
enumerated in paraqraphs (1.3) through (D) above be less than the
amount calculable if the use in question were a single-familv
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residence. Where more than one use or more than one structure is
to occur on a single parcel of land, the minimum amount shall
apply separately to each individual use or structure.
(P) No building permit shall be valid and no water or sewer
tap shall be installed for any property until fees provided for
in this article shall have been paid.
(G) In the case of existing contract agreements between
owners and the city regarding fees and waiver of fees, such
agreements shall retnain in effect.
(H) The director of public utilities is hereby authorized
to accept, on behalf of the City, notes for the payment of such
line fees as are due under Section 2q-3(B)(1). -he terms of such
notes shall be: all tap and cleanout fees, given as a down
paynent, with the full line fee j)ayal)le in fotir eoual, annual
installments at a rate o@@ interest of eiqht percent per annum.
(I) When a hardship exists, the director mav allow the down
payment to be paid by installments over a one-year period; or, if
the property is beinq offered for sale, the director may enter
into an agreement whereby all fees shall be paid from the
proceeds of the sale or within ninety (90) days of the date of
the agreement, whichever shall be the sooner.
Section 29-4. Svstem maintenance.
-.he following monthly maintenance rates are hereby
established with respect to all property connected directly te or
indirectly to the
public sewer system maintained by the City:
(a) Residential Uses tionthly Charge
(1) Single-family residences . . . . . . . $5.00
(2) Structures with two (2) or more
family residential units, and
trailer parks:
First unit or trailer . . . . . . . . . $5.00
Each additional unit or trailer . . . . S3.75
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(3) Hotels and motels:
For the first room provided for
occupanclv . . . . . . . . . . . . . . . $5.00
Each additional room for occupancy. . . $2.00
(4) Campgrounds:
For the first space provided . . . . . $5.00
For each additional space
provided . . . . . . . . . . . . . . . $2.00
(b) Nonresidential uses:
(1) For all nonresidential uses in which there is
also supplied public water service, the maintenance charge
shall be determined b,7 the size of the ;later tap throucih
which water is provided, as per the following schedule:
-.ap Size monthly Charge
3/4 inch $5.00
1 inch $F).25
1 1/2 inch $12.50
2 inch $18.75
3 inch @ 3 7 . 5 0
4 inch @64.50
6 inch $125.00
8 inch $290.00
10 inch $480.00
12 inch $730.0.0
Section 29-11. Line fee exemptions - For certain elderly
persons.
(a) A line fee exemption is provided for certain F)rop(-.rtN7
owners who qualify under subsection (b) of this section. -,he
exemption is to be administered by the City Planaqer or his
authorized delegate, herein referred to as the administrator.
-,he administrator is hereby authorized and empowered to
prescribe, adopt and enforce rules and regulations, including the
requirement of answers under oath, as mav he reasonablv necessary
to determine ctualifications for exemption. The administrator mav
require the production of certified tax returns and appraisal
reports to estahlisli income and financial worth.
(b) Fxemptions shall be qranted subject to the following
provisions:
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(1) T-itle to the property for which the line fee
exemption is sought must be held or partially held by the
applicant at least one hundred and twenty days (120) prior
to the installation orscheduled date of installation,
whichever comes first, of tlie -3ewer-.Iine public sewer
system.
(2) The owner of the title or partial title is
sixty-five (65) years of age or older at least one hundred
and twenty (120) days prior to the installation or scheduled
installation date, whichever comes first, of the -mewer-.14ne
public sewer systen.
(3) -@he dwelling to be connected to the newer-14ne
public sewer system is the sole dwellino of the applicant
claiming exemption.
(4) The total combined income of the owner and the
owner's relatives living in the household during the year
immediately preceding the installation shall he determined
by the administrator, not to exceed six thousand dollars.
(5) The net combined financial worth of the owner
shall not exceed twentlv thousand dollars, excluding the fair
market value of the house to be connected to the newer-14ne
public sewer system. @Jet combined financial worth shall
include the valtie of all asset,, including ecjuitable
interests, of the owner and of the spolise of the owner.
(c) The persons applying for line fee exemption must file
with the administrator a line fee exemption affidavit, setting
forth, in a manner prescribed by the adilinistrator: the location
and value of the propertv to be connected to the line; the names
of the persons related to the owner and occupying the dwellina;
their gross combined income and their net combined financial
worth.
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(d) Where the person claiming exemption conforms to the
standards and does not exceed the limitationSS contained in this
section, the line fee exemption shall be as shown on the
following schedule:
Total income, all sources Fxemption
$ 0 0 . 00-$ 2 , 0 0 0 . 0 0 1001-
$2,001.00 - $3,000.00 80%
$3,001.00 - $4,000.00 60%
$4,001.00 - $5,000.00 40%
$5,001.00 - $6,000.00 20%
(e) If within twelve months after the zewer-+4me public
sewer system exemption is obtained, the applicant's financial
position should change so that its effect woulcl he to remove the
person holding the exetnption from within the limits and stanclar(-I,,;
of this section, then the person holding the exemption shall
refund the amount of the exemption to the City.
(f) Any person or persons falsely claiming an exemption or
violating any provision of this section shall be guilty of a
class I misdemeanor.
This ordinance shall be effective immediately upon passaqe.
Adopted by the Council of the Citv of Virginia Beach,
Virginia, on 21 April 1980
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0 L D B U S I N E S S
(ITEM II-I.1) ITEM #15044
Mr. George Leary, owner of Triton Tower Motel, appeared before City
Council requesting Council reconsider Council's decision of 14 April
1980 concerning parking on Atlantic Avenue.
Mr. Melvin Cooke appeared regarding the above matter.
Upon motion by Councilman Payne, seconded by Councilman Holland, City
Council voted to RECONSIDER and HEAR ON 28 April 1980 the matter of
"Parking vs no Parking on Atlantic Avenue" (Virginia Beach Borough).
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
Donald W. Merrick
Council Members Absent:
Mayor Patrick L. Standing
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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 II-I.2) ITEM #15045
Acting Mayor McCoy advised Council of a letter he placed before
them suggesting Council adopt a policy to govern the sel6ction
of the Advertising Committee for the City of Virginia Beach.
Acting Mayor McCoy requested Council to consider his proposals,
and to offer any suggestions they may have.
Acting Mayor McCoy advised Council he would like to discuss this
matter at the next Council meeting (28 April 1980).
(ITEM II-I.3) ITEM 415046
Councilman Ervin advised Council he distributed information regarding
the City's policy concerning Architects, Engineers and Land Surveyors,
as well as information concerning the amount to be spent on tourist
advertising.
Councilman Ervin requested Council to review this information for
discussion at the next Council meeting (28 April 1980).
(ITEM II-I.4) ITEM #15047
Councilman Ervin discussed with Council the motion presented bv
Councilman Merrick at last week's meeting (14 April 1980) concerning
the budget and where it can be cut, with regards to advertising.
(ITEM II-I.5) ITEM #15048
Councilwoman Oberndorf requested the City Manager present with the
INFORMAL AGENDA a fact sheet of the matters to be heard.
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N E W B U S I N E S S
(ITEM II-J.1) ITEM #15049
R E S 0 L U T I 0 N
BY ADOPTION OF THIS RESOLUTION
Virginia Beach City Council
does express, on behalf of the citizens of this City, its deep
appreciation to:
MAURY RIGANTO
for his many years of leadership and service to the citizens of this
City. Maury Riganto instigated, promoted and fulfilled a variety of
active recreation programs while serving the last twenty years as
Chairman of the Virginia Beach Parks and Recreation Commission.
Given under my hand and seal this 21st day of April 1980.
John A. Baum, Councilman J. Henry McCoy, Jr., Vice Mayor
F. Reid Ervin, Councilman Donald W. Merrick, Councilman
George R. Ferrell, Councilman Meyera E. Oberndorf, Councilwoman
Barbara M. Henley, Councilwoman J. Curtis Payne, Councilman
Clarence A. Holland, Councilman Roger L. Riggs, Councilman
Patrick L. Standing, Mayor
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Upon motion by Councilman Holland, seconded by Councilman Ferrell, City
Council voted to APPROVE the Resolution expressing appreciation to
Maury Riganto for his many years of leadership and service to the citizens
of this City.
The Resolution will be presented to Mr. Riganto during the Volunteer
Recognition Dinner on Friday, April 25, 1980.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
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(ITEM II-J.2) ITEM #15050
Attorney Grover C. Wright, Jr., appeared before Council representing
E. Kenneth Day, Construction Techniques, regarding improvements to
Harris Road which leads to Middle Plantation.
Attorney Wright advised Council that the requirement the developer
finds burdensome and unreasonable is the requirement the developer
dedicate to the City of Virginia Beach right-of-way to widen Harris
Road beyond the access to Middle Plantation; and, the developer con-
struct and provide funding for the construction of Harris Road beyond
the access to Middle Plantation.
The developer has indicated he is willing to dedicate to the City
the right-of-way beyond the entrance to Middle Plantation at no
charge to the City; however, would like to be excused from the
requirement of constructing Harris Road beyond the entrance of
Middle Plantation. (ITEM II-H.ld - ITEM #13323)
It was the consensus of Council to defer this matter for two (2)
weeks to enable Council to study the verbatim of the application
of Henry Clay Hofheimer (Middle Plantation, Phase IV).
(ITEM II-J.3) ITEM #15051
COUNCILMAN PAYNE LEFT CHAMBERS
Councilman Ferrell made a motion, seconded by Acting Mayor McCoy, to
permit the applications of R. G. Moore Building Corporation and Aragona-
Garcia Enterprises, Inc., to be expedited and heard before Council one
(1) week after the hearing before the Planning Conimission on 10 June 1980.
Voting: 4-5
Council Members Voting Aye: (for the motion)
George R. Ferrell, Clarence A. Holland, Acting
Mayor J. Henry McCoy, Jr., and Roger L. Riggs
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Donald W. Merrick, and Meyera E. Oberndorf
Council Members Absent:
J. Curtis Payne, and Mayor Patrick L. Standing
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The applications of R. G. Moore Building Corporation and Aragona-Garcia
Enterprises will NOT BE EXPEDITED.
A D J 0 U R N M E N T
Upon motion by Councilman Ervin, seconded by Councilman Merrick, and
by ACCLAMATION, the meeting adjourned at 4:45 p.m.
Diane M. Hickman, Deputy City Clerk
R
uth-Hodg @ Sm th ng
City of Virginia Beach,
Virginia
21 April 1980
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