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Home My WebLink AboutAUGUST 25, 1980 MINUTES Cit@ <Df IE3@Etc:@ "WORLO'S LARGEST RESORT CITY" CITY COUNCIL MAroR j. HENRY m,cor IR.. D.D.S., 8...86 VICE-MAYOR HAROLD HEISCHOSER, A, L.,,. JOHN A. BAUM. 81-A..,., B.-gb P. REID ERVIN, A, L.,,. 0 BARBARA M. HENLEY, P..,. B.-gb CLARENCE A. HOLLAND. ALD., ay.id. B...Rb W. H. KITCHIN. lit. Vigi.,. B-.b B...gb REBA S. M@CLANAt4. P,i--. A-. B.-gb DONALD W. MERRICK, Ly-b..- B...gb NEYERA E. OBERNDORF. A, L.,,. 212 CITY HALL BUILDINC PATRICK L. STANDING, At L.,,. MUNICIPAL CENTER VtRGINIA BEACH. VIRGINIA 23456 RU7'H HODGES SMITH. Cily Cl.,k (804) 427-4303 CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: 5:30 p.m. - August 25, 1980 A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR. B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECLITIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS: 1. Briefing on Bikeways 2. Atlantic Beach Encroachments: Requests of 14 property owners for reconsiderations of existing encroachments. 3. Report on Plans for Handicapped Parking Spaces on Atlantic Xvenue. 4. Thomas Bishop Lane Improvements: Discussion 5. Emergency authorization to Dredge Rudee Inlet. ITEM II FORMAL SESSION: 7:00 p.m. A. INVOCATION: Father William C. Hoffman Rector Saint Bride's Episcopal Church B. PLEDGE OF ALLEGIANCE C. ELECTRONIC ROLL CALL D. MINUTES OF PREVIOUS MEETING: 1. Correction to the Minutes of 4 August 1980 2. Motion to accept/approve the Minutes of 18 August 1980. ITEM II E. RESOLUTIONS 1. Resolution authorizing the City Manager to request federal funding through the State Department of Highways and Trans- portation to upgrade existing and to construct new bike paths. F. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. I . Ordinance to authorize the acquisition of property in fee simple for right-of-way for Cedar Hill Canal Project and the acquisition of temporary and permanent easements of right-of-way by agreement or by condemnation. (Deferred for one week on August 18, 1980). 2. Ordinance to amend Section 20-113 of the Code of the City of Virginia Beach relating o coin machine operators. 3. Ordinance to amend and reordain Section 2-59.2 of the Code of the City of Virginia Beach pertaining to insurance re- quired for certain vehicle rental businesses. CDeferred 6/23/80) 4. Resolution authorizing the Zoning Administrator to appear before the Board of Zoning Appeals to oppose the granting of a variance to-First Colonial Medical Professional Buildings. 5. Request of the City Attorney to defer for two weeks two Ordinances amending Sections 2 3 (B) (2. )@. d 37-29 (b) (2.1) of the City Code concerning units and the rates paid for water and sewer line fees. 6. Bingo/Raffle Permits: Plaza Little League, Inc. Raffle Princess Anne Business and Professional Raffle Women's Club Auxiliary of the General Hospital of Raffle Virginia Beach 7. Request of the Commissioner of the Revenue for license refunds in the amount of $367. 7@ 8. Ordinance, on second reading, to appropriate $180,306 for additional po@itions and related appropriations to the Department of Social Services. ITEM II G. PLANNING ITEMS 1. NEW APPLICATIONS a. Application of J. Rolfe Griffin for a change of zoning from R-6 Residential7D st@rict to R-8 Residential District on a 5.26-acre parcel located north of Providence Road and west of Lord Dunmore Drive (Kempsville Borough). 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for denial. b. Application of Alfredi V. and Judy K. Everett for a change of zoning from AG-2 Agricultural District to R-8 Residential District on a 14.217-acre par el located on the north side of Old Dam Neck Road, west of Dwyer Road (Princess Anne Borough). 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for approval. c. Application of the City of Virginiai Beach for the establish- ment of an Historic and Cultural District on certain parcels located at the intersection of Oceana Boulevard and Princess Anne Road and the classification of the area surrounding Nimmo Church as an historical site deemed desirable for preservation. This site consists of 6.7 acres. 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for approval. d. Application of the Commonwealth of Virginia, Department of Corrections, for a conditional use permit for a State Community Youth Home on a .7-acre parcel located at the southwest 7or-ne o@f Virginia Beach Boulevard and Roselynn Lane (Lynnhaven Borough). 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for denial. e. Application of Solar Was@ Inc., a Virginia Corporation, for a conditional use permit for a car wash on a .57-acre parcel located at the northwest corne@f Tir-ginia Beach Boulevard and Lavendar Lane (Bayside Borough). 1. Letter from the City Manager transmits the recommenda- tion of the Planning Comission to allow withdrawal. f. Application of James M. Adkins, Jr., for a variance to Section 4.4(b) f@the7S bdivisi n@ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. He wishes to subdivide a 1.42-acre site located on the east side of Woodstock Road, north of Providence Road, into two lots. 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for approval. g. Application of Bayshore Development Corporation for a variance to Sections 4.1(m) and 5.5(a) of the Subdivision Ordinance which requires minimum street pavement widths and curb and gutter. They wish to to subdivide an approximately 19.7-acre site located at the terminus of Painters Lane, into three lots. The Lots would average approximately 6.6-acres in size. 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for approval. ITEM II 2. CZO AMENDMENTS a. The following Ordinances are recoimended by the Planning Commission for approval. 1. Ordinance to amend and reordain Article 2 of the CW pertaining to condominium d el pment. 2. Ordinance to amend and reordain Section 4 and 5 of the Subdivision Ordinance relating to condominilm development. 3. ENCROACHMENTS a. ordinance to authorize a temporary encroachment by Richard S. Bartley into a portion of the City property located ad- jacent to the Atlantic Ocean. (Deferred for one week on August 18, 1980). b. Ordinances to authori7,e a temporary easement into a City 40-foot drainage and canal easement in the Subdivision of Chel-gea: L. R. Van Den Berg - 1832 Duke of York Quay Paul L. Ferrell - 1840 Duke of York Quay L. Graham Field - 1846 Duke of York Quay F. Stanley Forter - 1839 Duke of Norfolk Quay Randolph Savage -1859 Duke of York Quay In behalf of the applicant, Royal Thayer, Jr., P.E., Lynnhaven Dredging Company, Inc. c. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 44th Street to William M. Harris. H. ORDINANCES 1. CITY CODE AMENDMENTS a. Ordinance to amend and reordain Chapter 31 of the City Code of the City of Virginia Beach relaci-ng to borrow pits. b. Ordinance to amend and reordain Division 3 of Article III of Chapter 2 of the Code of The C-ity of Virgii. Beach relating to administration of the bgsic pay plan. 2. FIRST READINGS a. Voter Referendum: 1. Ordinance authorizing the issuance of water and sewer Bonds of the City of Virginia Beach, in the maximum amount of $46,000,000, subject to the approval_of the qualified voters. 2. Ordinance authorizing the issuance of road bonds of the City of Virginia BeacN in the maximum amount of $22, 900, 000, subject to the approval of the qualified voters. b. Ordinance to appropriate $5, 800 for the Clean -Community System Program. 3. BIDS a. Low bid of Vico Construction, in the amount of $378,771.81, for the Atfan-ti@ Park/Oceana Gardens Sewer and Water Impro- ments project. I. APPOINTMENTS: Boards/Commissions 1. Community Mental Health/Mental Retardation 2. Mosquito Control Commission 3. Personnel Board 4. Wetlands Board J. OLD BUSINESS K. NEW BUSINESS 1. Emergency Authority to City Manager to let bids for dredging sand pit at Rudee Inlet L. ADJO@NT 1. Motion for adjournment. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 25 August 1980 The Regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., in the Conference Room, in the Administration Building, on Monday, 25 August 1980 at five-thirty o'clock in the evening. Council Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: Clarence A. Holland ITEM %15494 Vice Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, or employees or any public body. (Personnel Matters). 2. Discussion or consideration of the condi- tion, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property). 3. Consultation with legal counsel and brief- ing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). 8/25/80 2 - Upon motion by Councilman Merrick, seconded by Councilman Standing, City Council voted to RECESS into EXECUTIVE SESSION following the INFORMAL SESSION: VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 8/ 2 5/ 80 - 3 - M A T T E R S B Y C 0 U N C I L M E M B E R S ITEM #15495 Mayor McCoy reported on the nice meeting held jointly by the School Board and City Council this morning for the introduction of new teachers. He expressed appreciation to Dr. Brickell, Superintendent of Virginia Beach Schools, for the good food and for allowing that food to be shared with City Council this evening. ITEM #15496 Mayor McCoy announced the Special Meeting of City Council to be held Wednesday, August 27, 1980, at nine o'clock a.m. in the Council Chambers. The purpose of this meetinq will be the final disposition of the Water and Sewer Bonds for public referendum and the Road Bonds for public referendum. ITEM #15497 Councilman Merrick asked for a better understanding of the refer- endum believing that: 1. The referendum for roads would cover the major roads to be constructed and paid for with City money. 2. The Federal, State and Local money appli- cation to the roads. 3. Possibly rearranging the C.I.P. for the local roads with City money. The City Manager advised Council that the C.I.P. would probably be presented at the regular meeting on September 15, 1980. He verified that Constitution Drive is not a part of the package. 8/ 2 5/ 80 4- I N F 0 R M A L A G E N D A ITEM #15498 The Mayor introduced Jack Jennings as a inember of the Mayor's Committee to study Bikeways who had contributed much in time, effort and wisdom. The City Manager asked the Director of Planning, Bob Scott, to make his presentation on bikeways. Mr. Scott advisd that this was the first "draft" of the bikeway plan and it would probably be changed several times before the final plan would be sub- mitted. He gave a presentation and discussed the history, public demand, intent, criteria, concept, and presented the City-wide system, east-west corridor, the types of bikeways (designated/ lane shared with roadway/designated-shared) and implementation. Mr. Scott advised that just recently the City had received a $75,000 grant for improvements to the already established bike- way. (A copy of the "Virginia Beach Bikeway Plan" is on file in the City Clerk's Office.) ITEM #15499 The City Manager introduced Mr. Tom Hansen, Assistant to the Director of Public Works, who briefed Council on their request for a survey of the encroachments along the oceanfront in north Virginia Beach. He reported there were approximately 200 encroach- ments and that of these, 64 were of the permanent type, fourteen of these have requested Council's consideration for allowance. Not only did Council view the property plats showing the encroach- ments, but Mr. Hansen, also, presented a slide film showing each of them. City Council expressed their concern for further encroachments which would be found along the side streets in the oceanfrontarea. ITEM #15500 The City Manager introduced Mr. John Herzke, Traffic Engineer, who gave a brief report on the handicapped parking spaces and the additional fifteen which have been made available in north Virginia Beach. ITEM #15501 The City Manager introduced Don Trueblood, City Engineer, who ex- Dlained the Thomas Bishop Lane improvements and the dedicated right-of-way. 8/ 2 5/ 80 - 5 - ITEM #15502 Councilman Standing expressed his concern that possibly a private enterprise transportation system may be considered in lieu of the federally-funded transportation system now used in cooperation with the Metro Transit. ITEM #15503 The City Manager requested emergency authorization from City Council to invite bids for the commerical dredging of Rudee Inlet. The Sandtrap is badly in need of dredging since it has not been done since 1972. Mr. Standing called attention to the Corps of Engineer's recommendation some time ago and asked if further study had been made as to a permanent solution to the beach re- plenishment. ITEM #15504 The City Manager advised City Council that deliberations had allowed the selection of the engineering firms for the City's Desalting Plant: Langley & McDonald Malcolm Pirine Engineers Camp Dresser & McKee Council recessed into the EXECUTIVE SESSION (6:55 p.m.) for brief- ing prior to the FORMAL SESSION of City Council for the purpose of discussing: 1. Personnel Matters 2. Acquisition, use or disposition of publicly held property. 3. Legal Matters 08/25/80 - 6 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 25 August 1980 Council Members Present: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. oberndorf, and Patrick L. Standinq Council Members Absent: F. Reid Ervin* and Clarence A. Holland INVOCATION: In the absence of Father Hoffman, former City Clerk, Richard J. Webbon, gave the Invocation. PLEDGE OF ALLEGIANCE M I N U T E S ITEM II-D.1 ITEM #15505 Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Council voted to APPROVE the correction to the minutes of the regular meeting of 4 August 1980 by adding ITEM #15403(a): "Letter from the General Registrar certifying to Section 3.09 of the Virginia Beach City Charter that Six Thousand Two-Hundred (6,200) signa- tures on the Citizens For The Family petitions are duly qualified voters and that this number represents Twenty-five percent (25%) of the number of persons voting in the last General Election in Virginia Beach. (10,535 persons signed the various petitions)." VOTING: 9-0 08/25/80 -7 - Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: -F. Reid Ervin and Clarence A. Holland ITEM II-0.2 ITEM #15506 Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to APPROVE the minutes of the regular ineeting of 18 August 1980. VOTING: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClAnan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: 'F. Reid Ervin and Clarence A. Holland 08/25/80 -8 - R E S 0 L U T I 0 N S ITEM II-E.1 ITEM #15507 Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council voted to APPROVE the Resolution authorizing the City's City Manager to request federal funding through the State Depart- ment of Highways and Transportation to upgrade existing and to construct ne@ bike paths: VOTING: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: *F. Reid Ervin and Clarence A. Holland All Council Members voiced a "Verbal" vote of Aye 08/25/80 -9 - At a meeting of the Council of the City of Virginia Beach held in the Council Chambers on the 25th day Of August 1980, the following Resolution was adopte R E S 0 L U.T I 0 N WHEREAS, the Council of the City of Virginia Beach recognizes the need to upgrade existing and to construct new bike paths; and WHEREAS, the Federal Highway Administration, through the State Department of Highways and Transportation, has agreed to award the City a grant to upgrade and construct bike paths; and WHEREAS, the City of Virginia Beach has developed and implemented a Comprehensive Bike Plan: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: THAT the City Manager is authorized to request federal funding for said project in the amount of $75,000. THAT the City of Virginia Beach agrees to provide local matching funds to support 25% of the project costs which amount to $18,750. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ON: August 25, 1980 APPROVED AS TO CONTE.%I'r PA s t EPARTMENT JDB: t.@ 5 -. 0 F 8-21-80 k-I C' 08/25/80 - 1 0 - C 0 N S E N T A G E N D A ITEM II-F The following items listed as the CONSENT AGENDA were considered and enacted by ONE MOTION: ITEM II-F.1 ITEM #15508 Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to APPROVE the Ordinance authorizing the acquisition of property in fee simple for right-of-way for Cedar Hill Canal Project and the acquisition of temporary and permanent easements of right-of-way either by agreeinent or by condemnation: VOTING: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: *F. Reid Ervin and Clarence A. Holland j AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR CEDAR HILL CANAL PROJECT AND THE ACQUISITION OF TEMPORARY AND PERTIANENT EASEMENTS OF RIGHT- OF-WAY EITHER BY AGREEMENT OR BY CONDEMNATION 1059 : :, j. 4 2 4 6 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project for public purposes for the preservation of the safety, health, peace, good order, convenience, moral and vrlfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-236, et seq. and Section 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple including temporary and permanent easements of right-of-way as shown on the plan or plats entitled, "CEDAR HILL CANAL PROJECT," these plans or plats being on file in the office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made in behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. @GINIA: @v / the Ci,cuit Cou,t oi Viginia Beach.@.5 ........... day Li 9.@ at . ,the.Cle,k's 0 L; . .. .... .) t, ... ... ............ this inst,ument as eceived and up.n th@ .. ..... .. @.c d c @, c.,e . kn..Ie ent the,eto annexed, admitted t. ec.,d. "Tbe tax i.posed by SS58-54.1 f tbe C.de, x has been paid, in tbe am.unt o/ I ....................................... . 0 TESTE: J. CURTIS FRUIT, Cl@,k By: ....... .. .......... C, Adopted,by the Council of the City of Virginia Beach, Virginia, on the 2!5th dA y,of August 1980. APPiZOV"', C Auth..Ii@at.d t. be a T@. Copy of an Of:icil R@,c.,d of tl,e City of Vi,ginia Beach, d.t.d tl,- day of 11980 DEPARTM'NT Cuti.dian, 5 T JAR:kg 8/6/80 @"Il- City C!3,L, City f CITY AT'@C)"';@EY 08/25/80 1 2 - ITEM- II-F.2 ITEM #15509 Upon motion by Councilman Standing, seconded by Councilwoman 'Henley, City Council voted to APPROVE the Ordinance to amend Section 20-113 of the Code of the City of Virginia Beach re- lating to the licensing of coin machine operators: VOTING: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry -'4cCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: *F. Reid Ervin and Clarence A. Holland 08/25/80 1 3 - AN ORDINANCE TO AMEND SECTION 20-113 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO THE LICENSING OF COIN MACHINE OPERATORS. BE IT ORDAINED BY THE CO(JNCIL OF THE CITY OF VIRGINIA BEACH, VIFZGINIA: That Section 20-113 of the Code of the City of Virginia Beach is amended and reordained to read as follows: Section 30-113. Coin machine operators -- Levy of license tax and gross receipts tax. An person, firm or corporation selling, leasing, renting or other- wise furnishing or providing a coin-operated machine or device operated on the coin-in-th-slot principle anywhere in the city shall be deemed a coin machine operator, and shall pay an annual license tax of two hundred dollars ($200.00). In addition to such annual license tax any coin machine operator shall pay one-fourth (1/4) of one percent of-h@s-gi-ess-reee4pts on the share of gross receipts actually received by the operator from such business for the preceding calendar year in excess of three thousand dollars ($3,000.00). The tenn "coin imchine operator" shall not include a person, firm or corporation owning less than three (3) coin machines and operating such machines on property owned or leased by such person, firm or corporation. This ordinance shall be effective from date of adoption. Adopted by the City Couricil of the City of Virgina Beach on the 25th day of August 1980. A, MES:kg 7/10/80 AS 7C FOIZM A CITY,-@l-,C,, @ y Authority: Section 58-266.1 Code of Virginia 08/25/80 -14- ITEM II-F.3 ITEM #15510 Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to APPROVE the Ordinance to amend and reordain Section 20-59.2 of the Code of the City of Virginia Beach pertaining to insurance required for certain vehicle rental businesses: VOTING: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin and Clarence A. Holland 08/25/80 -1 5 - AN ORDINANCE TO AMEND AND REORDAIN SECTION 20-59.2 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO INSURANCE REQUIRED FOR CERTAIN VEHICLE RENTAL BUSINESSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 20-59.2 of the Code of the City of Virginia Beach is amended and reordained as follows: Section 20-59.2. Certificate of Insurance Required For Certain Vehicle Rental Businesses. No license shall be issued for the rental of self-propelled vehicles having less than 4 wheels until the applicant therefor shall have presented a certificate, approved by the city attorney as to form and surety, of personal liability insurance coverage in the amount of one hundred thousand dollars per person and three hundred thousand dollars per accident and property damage liability insurance in the amount of ten thousand dollars. For the purposes of this section the term self-propelled vehicles having less than 4 wheels shall include mopeds as defined in Section 7-28 of the Code of the City of Virginia Beach. This ordinance shall become effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the .25th day of August 1980. MES:kg 6/4/80 APPROVED AS TO CON-. z-N- 08/25/80 -1 6- ITEM II-F.4 ITEM #15511 Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to APPROVE the Resolution autho- rizing the Zoning Administrator to appear before the Board of Zoning Appeals to oppose the grantinq of a variance to First Colonial Medical Professional Buildings: VOTING: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin and Clarence A. Holland 08/25/80 -1 7 - Requestecl by: Councilman Donald W. Merrick At a meeting of the Council of the City of Virginia Beach, Virginia, duly called and held in the Council Chambers of the City of Virginia Beach, Virginia, on the day of 1980, the following Resolution was atop-ted: R E S 0 L U T I 0 N WHEREAS, First Colonial Medical Professional Buildings has requested a variance from the Board of Zoning Appeals to use a parcel of residentially-zoned (R-4) property,located on Wolfsnare Road, for ingress and egress to a parcel of office-zoned (0-1) property, located on First Colonial Road; and WHEREAS, City Council is of the opinion that the granting of such a variance will not be in harmony with the intended spirit and purpose of the Comprehensive Zoning Ordinance. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Zoning Administrator of the City of Virginia Beach is hereby requested to appear in person and by counsel before the Board of Zoning Appeals to oppose the granting of the above-described variance; and That the Zoning Administrator is further authorized to institute such legal proceedings as may be necessary to reverse the decision of the Board of Zoning Appeals should the above variance be granted. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of August 1980. CMS/cj 8/20/80 08/25/80 -18- ITEM-.II-P.5 ITEM #15512 Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to APPROVE the City Attorney's re- quest for deferral for two weeks of: 1. The Ordinance to amend and reordain Section 29-3(B)(2.1) of the Code of the City of Virginia Beach, Virginia, relating to sewer line fees for two or more family residential units. 2. The Ordinance to amend and reordain Section 37-29(b)(2.1) of the Code of the City of Virginia Beach, Virginia, relating to water line fees for two or more family residential units. VOTING: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: *F. Reid Ervin and Clarence A. Holland 08/25/80 -19 - Requested bY Public Utilities: AN ORDINANCE TO AMEND AND REORDAIN StCTION 29-3(b) (2.1) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO SEWER LINE FEES FOR TWO OR MORE FAMILY RESI- DENTIAL UNITS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 29-3(b) (2.1) of the Code of the CitY Of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 29-3- Fees generally. (b) Property owner's share of system installation, where connecti.n is made to a line or pumping station being a part of the system within the City installed or purchased by the City (line fees): (2.1) Structures with two (2) or more family residential units, per unit . . . . . . . . $560.00 F f line fee calculatins, any sinqle Yot which has more than one dwelling unit, is attached or de multi-family !l ed, as above. This ordinance shall be effective up.n date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on DEFERRED FOR TWO WEEKS (September 8, 1980) RHM/cj 6/17 /8 0 (3) 08/ 25 /80 2 0 - Requested by Public Utilities; AN ORDINANCE TO AMEND AND REORDAIN SECTION 37-29(b) (2.1) OF THE CODE OF THE Cl'fY OF VIRGINIA BEACH, VIRGINIA, RELATING TO WATER LINE FEES FOR TWO OR MORE FAMILY RESI- DENTIAL UNITS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-29(b) (2.1) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 37-29. Connection and installation fees. (b) Property owner's share of system installation, where connection is made to a line or pumping station being a part of the system within the City installed or purchased by the City (line fees): (2.1) Structures with two (2) or more family residential units, per unit .$360.00 For purposes of line fee calculatins, any single Tot which has constructed on it more than one dwelling unit, whether the dwelling unit is attached or detached, will be considered Wulti-family and will have fees calculated as above. Adopted by the Council of the City of Virginia Beach, Virginia, on DEFERRED FOR TWO WEEKS (September 8, 1980) RHM/cj 6/17/80 8/6/80 (C) 08/ 25 /80 2 1 - ITEM II-F.6 ITEM #15513 Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to APPROVE the following Raffle Permits: Plaza Little League, Inc. Raffle Princess Anne Business and Professional Women's Club Raffle Auxiliary of the General Hospital of Virginia Beach Raffle VOTING: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClahan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. oberndorf and Patrick L. Standing Council Members Voting Nay: None Council members Absent: *F. Reid Ervin and Clarence A. Holland 08/25/80 2 2 - ITEM II-F.7 ITEM #15514 Upon motion by Councilman Standing, seconded by Councilwoma n Henley, City Council voted to APPROVE the request of the Com- missioner of the Revenue for license refunds in the amount of $ 3 6 7 . 47 . VOTING: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent F. Reid Ervin and Clarence A. Holland 08/25/80 -2 3- AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE.IT 6RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE NAME YEAR PAID BASE PENALTY INT. TOTAL Book N Card, Inc. 1978/79 64.53 P. 0. Box 1636 Newport News, Va. 23601 Frank P. Mani and Perry Inscore 1978-80 1978-80 84.93 4901 Mandan Road Va. Beach, Va. 23462 Hamel, Michael 1979 9/21/80 50.00 1241 Clydesdale Lane Va. Beach, Va. 23462 fied as to Payment: D. Mapp Commissioner of Revenue Approved as to form: y The above abatement(s) totaling $ 199.46 -Were approved by the council of the City of Virginia Beach on the -5- day of 19 ?o City Clerk 08/25/80 2 4- AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE -IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Cornmissioner of the Revenue are hereby approved: DATE NAiME YEAR PAID BASE PENALTY INT. TOTAL Dana B. Bryant 1978 1978 24.53 5501 Odessa Drive Va. Beach, Va. E. D. Thompson & 1978/79 12/18/78 124.78 Assoc. Inc. 1979 3221 Va. Beach Blvd-Ste-A Va. Beach. Va. 23452 Att: Mr. Johnston Grose, Thomas @l. 1978/79 10/10/78 18.70 1121 Craftsman Dr. 5/4/79 Apt. 101 Va. Beach, Va. 23462 T/A T. W. Grose Construction Ce ied as to Payment: -D. p Commissioner of Revenu'e Approved as to form: y The above abatement(s) totaling $ 168.01 -Were approved by the council of the City of Virginia Beach on the day of 19 @o City Clerk 08/ 25/80 2 5 - ITEM II-F.8 ITEM #15515 Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to APPROVE, on SECOND READING, the Orainance to appropriate funds for additional positions ana related appropriations to th6 Department of Social Services in the amount of $180,306.00i VOTING: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf ana Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin and Clarence A. Holland 08/25/80 -2 6- AN ORDINANCE TO APPROPRIATE FUNDS FOR ADDITIONAL POSITIONS AND RELATED APPROPRIATIONS TO THE DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Department of Social Services had experienced a large increase in food stamp and public assistance applications, and WHEREAS, this increase requires fifteen (15) additional personnel positions in order to process these applications within federally prescribed timeframes, and WHERF-AS, funds required for these positions and accompanying expenses are as follows: Salaries $124,601 Fringe Benefits 25,800 Office Supplies 3,930 Capital Outlay 25,975 Total $180 306 WHEREAS, the above request has been submitted to the Virginia State Department of Welfare for their 80% participation, and WHEREAS, these positions and appropriations are contingent upon State approval and will be adjusted if their approval is less. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF-ACH that funds of $180,306 be appropriated to the Department of Social Services for the above request. This appropriation is to be financed by an increase in Estimated Revenues from the Commonwealth of $144,245 and by $36,061 from the General Fund Balance. Adopted by the Council of the City of Virginia Beach, Virginia on this 25th day of August , 19 8 0 First Reading: August 18, 1980 APPPOVED AS TO CONTENT Second Reading: August 25, 1980 This ordinance shall be effective from date of adoption. - 2 7 - P L A N N I N G A G E N D A *Councilman Ervin entered the meeting at 7:30 p.m. ITEM II-G.l.a ITEM #15516 The following registered their opposition to this application: Mr. Charlie Taylor, Project Officer, Fairfield Civic League Mr. Bob Engesser Mrs. Joyce Kernoclle Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission to DENY the application of J. ROLFE GRIFFIN for a Change of Zoning District Classification as per the following: An Ordinance ul>on Application of J. Rolfe Griffin for a Change of Zoning District Classification froM R-6 Residential District to R-8 Residential District on certain property located 297.83 feet North of Providence Road beginning at a point 500 feet more or less West of Lord Dunmore Drive, run- ning a distance of 574.67 feet along the Eastern property line, running a distance of 428.48 feet along the Northern property line, running a dis- tance of 525.02 feet along the Eastern property line and running a distance of 409.22 feet along the Southern property line. Said parcel contains 5.26 acres. KEMPSVILLE BOROUGH VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 2 8 - ITEM II-G.l.b ITEM #15517 Mr. Robert Epstein, Attorney, appeared on behalf of the applicants. Mrs. Edna Grimstead appeared in opposition to the application. Upon motion by Councilman Standing, seconded by Councilwoman oberndorf, City Council voted to DENY the application of ALFRED V. EVERETT AND JUDY K. EVERETT for a Change of Zoning District Classification as per the following: An ordinance upon Application of Alfred V. and Judy K. Everett for a Change of Zoning District Classification from AG7-2-Agricultural District to R-8 Residential District on certain property located on the North side of Old Dam Neck Road beqinning at a point 860 feet more or less an the West side of Dwyer Road, running a distance of 227.29 feet along the North side of Old Dam Neck Road, running a distance of 187.07 feet in a Northeasterly direction, running a distance of 26 feet in a Southeasterly direction, running a distance of 598.93 feet in a Northeasterly direc- tion, running a distance of 746.53 feet in a Southeasterly direction, running a distance of 616.76 feet in a Southwesterly direction, run- ning a distance of 200.33 feet in a Southeasterly direction, running a distance of 740.93 feet in a Northwesterly direction and running a distance of 210.04 feet in a Southwesterly direction. Said parcel contains 14.217 acres. PRINCESS ANNE BOROUGH. VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. kenley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 - 2 9 - ITEM II-G.l.c ITEM #15518 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council voted to APPROVE the application of the CITY OF VIRGINIA BEACH for the establishment of an Historic and Cultural District as per the following: ORDINANCE BY MOTION OF THE PLANNING COW4ISSION Z0880524 OF THE CITY OF VIRGINIA BEACH TO ESTABLISH AN HISTORIC AND CULTURAL DISTRICT BE IT ORDAINED BY THE CITY OF VIRGIMIA BEACH, VIRGINIA, TRAT: ordinance by motion of the Planning Commission of the City of Virginia Beach to establish an Historic and Cultural District on certain parcels located at the intersection of Oceana Boulevard and Princess Anne Road and to classify the area surrounding Nimmo Church as an historical site deemed desirable for preservation. Parcel 1. Beginning on the North side of Princess Anhe Road at its intersection with Oceana BoUle- vard, running a distance of 350 feet more or less along the Western property line, running a distance of 370 feet more or less along the Eastern property line and running a distance of 460 feet more or less along the North side of Princess Anne Road. Said parcel contains I acre. Parcel 2. Beginning on the West side of Oceana Boulevard at its intersection with Princess Anne Road, running a distance of 500 feet more or less along the West side of Oceana Boulevard, running a distance of 350 feet more or less along the North- ern property line and running a distance of 450 feet more or less along the Western property line. Said parcel contains 2 acres. Parcel 3. Beginning on the East side of Oceana Boule- vard at its intersection with Princess Anne Road, running a distance of 700 feet more or less along the East side of Oceana Boulevard, running a dis- tance of 200 feet more or less along the Northern property line and running a distance of 610 feet more or less along the Eastern property line. Said parcel contains 2 acres. Parcel 4. Beginning at an iron pin 579.5 feet more or less northwest along the south side of Princess Anne Road from the dividing line of the land now or formerly Amanda Sparrow and the land now or formerly S. R. Mathews; thence S 30 degress 00' W 45.541 to an iron pin; thence S 30 degress 00' W 139.92 to an iron pin in a pine stump hole; thence N 86 degress 511 W 2381 to an iron pin; then N 35 degress 211 W 231.71 to an iron pin in a pine stump; thence south- easterly along Princess Anne Road 4741 more or less to the point of beginning. Plats with more detailed information are available in the Department of Plan- ing. PRINCESS ANNE BOROUGH. 08/25/80 3 0 - VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. oberndorf and Patrick L. Standing Council Members Voting Nay: None Council members Absent: Clarence A. Holland 08/25/80 3 1 - ITEM II-G.l.d ITEM #15519 Calvin Spain, Attorney, registered in opposition to this application. Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planni@ng Com- mission to DENY the application of the Commonwealth of Virginia, Department of Corrections for a Conditional Use Permit for a State Community Youth Home as per the following: An C)rdinance upon Application of Commonwealth of Virginia, I)epartment of Corrections, for a Condi- tional Use Permit for a State Community Youth Home on certain property located at the Southwest corner of Virginia Beach Boulevard and Roselynn Lane, run- ning a distance of 135 feet along the South side of Virginia Beach Boulevard, running a distance of 223.93 feet along the Western property line, run- ning a distance of 135 feet along the Southern prop- erty line and running a distance of 223.93 feet along the West side of Roselynn Lane. Said parcel contains .7 acre. LYNNHAVEN BOROUGH VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. R. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 3 2 - ITEM II-G.l.e ITEM #15520 Upon motion by Vice Mayor Heischober, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the Planning Commission to allow WITHDRAWAL of the application of SOLAR WASH, Inc., a Virginia Corporation, for a Conditional Use Permit as per the following: An Ordinance upon Application of Solar Wash, Inc. a Virginia Corporation, for a Conditional Use Permit for a car wash on certain property located at the Northwest corner of Virginia Beach Boulevard and Lavendar Lane, running a distance of 125 feet along the North side of Virginia Beach Boulevard, running a distance of 209 feet along the Western property line, running a distance of 125 feet along the Northern property line and running a distance of 209 feet along the West side of Lavendar Lane. Said parcel contains .57 acre. BAYSIDE BOROUGH. VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 3 3 - ITEM II-G.I.f ITEM #15521 Mr. James M. Adkins, Jr. registered in his behalf. Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to uphold the recommendation of of-the Planning Commission for APPROVAL of the application of James M. Adkins, Jr., for a variance to Section 4.4(b) of the Subdivision Ordinance as per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision ordinance, Subdivision of James M. Adkins, Jr. Property located on the East side of Woodstock Road, 948 feet North of Providence Road. Plats with more detailed information are available in the Department of Planning. The applicant requests a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning ordinance. The applicant wishes to sub- divide a 1.42 acre site located on the east side of W6odstock Road, approximately 948 feet north of Providence Road, into two lots. VOTING: 10-0 Council Mernbers Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 3 4- ITEM II-G.l.q ITEM #15522 The following appeared in behalf of the application: John Waller Kathleen McBlair The following registered in behalf of the application: Paul Van Auken Mike Bliar Upon motion by Councilman Standing, seconded by Councilman Ervin, to approve the application of Bayshore Development Corporation for a variance to Sections 4.1(m) and 5.5(a) of the Subdivision Ordinance subject to the improvement of the 161 pavement up to the entrance proposed to be used by the applicants. SUBSTITUTE MOTION made by Councilman Baum, seconded by Council- woman Henley to APPROVE the application of BAYSHORE DEVELOPMENT CORPORATION for a Variance to Sections 4.1(m) and 5.5(a) of the Subdivision Ordinance, subject: 1. Minimum road improvements as determined by the City staff to reach the third lot as a legal access. 2. Any further subdivision would require all standard site improvements. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordi- nance, Subdivision for Bayshore Development Cor- poration. Property located on the North side of Painters Lane at its Eastern extremity. Plats with more detailed information are available in the Depart- ment of Planning. The applicant requests variances to Sections 4.1(m) and 5.5(a) of the Subdivision Ordinance which re- quires minimum street pavement widths and curb and gutter. The applicant wishes to subdivide an approx- imately 19.7 acre site, located at the terminus of Painters Lane, into three lots. The lots would average approximately 6.6 acres in size. Approval is subject to the following stipulations: 1. Minimum road improvements as determined by the City staff to reach the third lot as a legal access. 2. Any further subdivision would require all standard site improvements. VOTING: 9-1 08/25/80 3 5 - Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick and Meyera E. Oberndorf Council Members Voting Nay; Patrick L. Standing Council Members Absent: Clarence A. Holland 08/25/80 3 6 - ITEM II-G.2.a ITEM #15523 Mr. Don Washburn appeared in opposition to these Ordinances. Upon motion by Councilman Merrick, seconded by Mayor McCoy, City Council voted to DEFER for TWO WEEKS the following Ordinances: 1. Ordinance to amend and reordain Article 2 of the 6omprehensive Zoning Ordinance pertaining to condominium development. 2. Ordinance to amend and reordain Section 4 and 5 of the Subdivision Ordinance relating to condominium develoment. VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. oberndorf and Patrick L. Standing Council Members Voting Nay: None Council MemberS Absent: Clarence A. Holland 08/25/80 3 7 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO CONDOMINIUM DEVELOPMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, General Requirements and Procedures Applicable within various districts, of the C. Z. 0. is amended and reordained as follows: F. Condominium Devel ment 260. Permissibility Generally No uses or structures shall be prohibited-in any zoning district, nor any zoning regulation applicable thereto altered in any way, solely on the basis of their form of ownership as a condominium. 261. Density In any zoning district, where density of single family or duplex development is determined by minimum lot size, the maximum allowable density for such a condominium development shall be the same as if the P-roperty were to be subdivided . 262. Minimum Spacing Between Structures In any condominium development consisting of single family, dupex or attached dwelli , the minimum spacing between principle structres shall be equal to twice the distance of the required side yard in the applicable zoning district. However, if between any two principal structures there is. a facility for vehicular ingress or egress or for vehicular storage, then the minimu acing between those principal structures shall be increased by an additional fifty (50) feet. Adopted by the Council of the City of Virginia Beach, Virginia, on the --day of 1 1980. DEFERRED FOR TWO WEEKS (September 8, 1980) 08/25/80 38- AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 4 AND 5 OF THE SUBDIVISION ORDINANDE OF THE CITY OF VIRGINIA BEACH, VIRGINIA RELATING TO CONDOMINIUM DEVELOPMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: that Sections 4 and 5 of the Subdivision Ordinance of the City of Virginia Beach, Virginia, are amended as follows: 4.7 Condominium Development Any dedicated public street developed in conjunction with a condominiu roiect adjacent to or within the condominium project but not as part of it shall comply with the requirements set forth in this ortinance as to design standards. This section shall not be con- strued as regutri@g the dedication of @ublic street within a condominium_project. 5.11 Condominium Development Any dedicated public street developed_in conjunction with a condominium project adjacent to or within the condominium project but not as part of-it shall com- ply with the requirements set forth in this ordinance as to_required improvements. This section shall not be construed as requiring the dedication of a public street wihin a condominium Troj_ect. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. DEFERRED FOR TWO WEEKS (September 8, 1980) 08/ 25 /80 39 - ITEM II-G.3.a ITEM #15524 Upon motion by Councilman Standing, seconded by Councilman Baum, to approve, as recommended by the City Manager, the Ordinance to authorize a temporary encroachment by Richard S. Bartley. SUBSTITUTE MOTION made by Councilman Merrick, seconded by Council- man Ervin, City Council voted to DENY the Ordinance to authorize a temporary encroachment by Richard S. Bartley into a portion of the City property located adjacent to the Atlantic Ocean: An Ordinance to authorize a temporary encroach- ment by Richard S. Bartley into a portion of the City property located adjacent to the Atlantic Ocean. VOTING: 9-1 Council Members Voting Aye; John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick and Meyera E. Oberndorf Council Members Voting Nay: Patrick L. Standing Council Members Absent: Clarence A. Holland Councilwoman McClanan voiced a "VERBAL" aye. 08/ 25 /80 40 - Requested by Public Works Department AN ORDIANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT BY RICHARD S. BARTLEY INTO A PORTION OF THE CITY PROPERTY LOCATED ADJACENT TO THE ATLANTIC OCEAN. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authoritv and to the extent thereof contained in Section 15.1-893. Code of Virainia, 1950. as amended, Richard S. Bartley is authorized.to erect and maintain a temporary encroachment in the City property located adjacent to the Atlantic Ocean. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining landscaping, plats and stairway steps; and that such constructing and maintaining lahdscaping, planters and stairway steps shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and shall be more particularly described as follows, to wit: An area of encroachment into a portion of City owned property designated by the shaded area as shown on that certain plat entitled: "Physical Survey of Lots 7 and 8, The Hollies, Virginia Beach, Virginia," a copy of which is on file in the Department of Public Works, City of Virginia Beac.@ to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized. shall terminate upon notice by the City of Virginia Beach to Robert S. Bartley, his heirs, assigns and successors in title and that within sixty (60) days after such notice is given, such temporary encroachment shall be removed from the City properl,y located adjacent to the Atlantic Ocean by Richard S. Bartley, his heirs, assigns and successors in title; and that Robert S. Bartley, his heirs, assign and successors in title shall bear all costs and expenses of such removal. 08/25/80 41 - AND, PROVIDED FURTHER, that it is expressly understood and agreed that Richard S. Bartley, his.heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. AND, PROVIDED FURTHER, that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than those specified herein and to the limited extent specified herein, nor to permit the maintenance or construction of any encroachments by anyone other than Robert S. Bartley, his heirs, assigns and successors in title. AND, PROVIDED FURTHER, that the City of Virginia Beach, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to Robert S. Bartley, his heirs, assigns and successors in title and collect the cost in any manner provided by law for the collection of local or state taxes; may require Robert S. Bartley, his heirs, assigns and sucessors in title to remove such temporary encroachments; and pending such removal, the City may charge Robert S. Bartley, his heirs, assigns and successors in title compensation for the use of such portion of the easement encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by Robert S. Bartley, his heirs, assigns and successors in title; and, if such removal shall not be made within the time ordered hereinabove by this ordinance, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. This ordinance shall be effective from date of adoption. 42 - 111,@- ON I-". f-i 4' IC T L UALU1/2Yl;4 AWL) GIJEG PIN u 15 LJ Lii -27 .5z ec; FF-NC-= PIN 08/ 25/80 43 - ITEM II-G.3.b ITEM #15525 Upon motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to APPROVE Ordinances authorizing a temporary easement into a City 40-feet drainage and canal easement in the Subdivision of Chelsea in behalf of Lynnhaven Dredging, Inc. for: L. R. Van Den Berg - 1832 Duke of York Quay Paul L. Perrell - 1840 Duke of York r,)Uay L. Graham Field - 1846 Duke of York Quay F. Stanley Porter - 1839 Duke of Norfolk Quay subject to: 1. The property owners agree to remove the improvements if necessary; and, 2. The City of Virginia Beach be held harmless of any liability. AND DEFERRED INDEFINITELY the Ordinance to authorize a temporary easement into a City 40-feet drainage and canal easement in the Subdivision of Chelsea in behalf of Lynnhaven Dredging, Inc. for: Randolph Savage - 1859 Duke of York Quay VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 4 4- Requested by Public Works Department AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A CITY 40 FOOT DRAINAGE loss AND CANAL EASEMENT IN THE SUBDIVISION OF CHELSEA. p4ri238 BE IT ORDAINED BY THE CCUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, L. R. Van Den Berg, 1832 Duke of York Quay, Virginia Beach, Virginia, is authorized to erect and maintain a temporary encroachment in a City 40' drainage and canal easement located adjacent to his property. That the temporary encroachment herein authorized is for the purpose of erecting and maintaining a bulkhead and pier and that said bulkhead and pier shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachnent into a portion of the City's drainage and canal easement as shown on that certain plat entitled: "Proposed Bulkhead In Chelsea, Va. Beach, Virginia, Application by L. R. Van Den Berg," a copy of which is on fi@le in the Departnent of Public Works, City of Virginia Beach, to which reference i,s made for a more particular description. PROVIDED, HOWEVER@ that the temporary encroachment herein authorized shall tenninate upon hotice by the City of Virginia Beach to L. R. Van Den Berg, his heirs, assigns or successors in title and that within ninety (90) days after such notice is given, said bulkhead and pier shall be removed from the City 40' drainage and canal easement by L. R. Van Den Berg, his heirs, assigns or successors in title and that L. R. Van Den Berg, his heirs, assigns or successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that L. R. Van Den Berg, his heirs, assigns or successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages losses and expens@es, including reasonable attorney's fees 08/25/80 45 - in case it shall be necessary to file or defend an action arising out of the location or existence of such bulkhead and/or pier. AND, PROVIDED FURTHER, that nothing herein contained shall be construed to enlarge such permission and authority to perinit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance or construction of any encroachments by anyone other than L.R. -.Van Den Bet-g , his heirs, assigns or successors in title. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of August , 1980. This ordinance shall be effective from date of adoption. Authenticated to be a T,ue Copy of ai Of@icizl lecord of the City -d.y Of 1980 of Virginia Beach, dated @;le Cust.dian Cit y Cl@,l@, Ci.y of Vi,g'.ia Boach MES:kg 8/11/80 CITY 08/25/80 46 - Requested by Public Works Departnient @,@ @, ? 2 4 0 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACMENT INTO A CITY 40 FOOT DRAINAGE AND CANAL EASEMENT IN THE STJBDIVISION OF CHELSEA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Paul L. Ferrell, 1840 Duke of York Quay, Virginia Beach, Virginia, is authorized to erect and maintain a temporary encroachment in a City 40' drainage and canal easement located adjacent to his property. That the temporary encroachment herein authorized is for the purpose of erecting and maintaining a bulkhead and pier and that said bulkhead and pier shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, aligrinent and location, and further that such temporary encroachment is more particularly described as follows: As area of encroacluent into a portion of the City's drainage and canal easement as shown on that certain plat entitled, "Proposed Bulkhead In Chelsea, Va. Beach, Virginia, Application by Paul L. Ferrell, " a copy of which is on file in the Department of Public Works, City of Va. Beach to which reference is nude for a more particular description. PROVIDED, HOWEVER that the temporary encroachment herein authorized shall terrflinate upon notice by the City of Virginia Beach to Paul L. Ferrell, his heirs, assigns or successors in title and that within ninety (90) days after such notice is given, said bulkhead and pier shall be removed from the City 40' drainage and canal easement by Paul L. Ferrell, his heirs, assigns or successors in title and that Paul L. Ferrell, his heirs, assigns or successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Paul L. Ferrell, his heirs, assigns or successors in title shall indemnify and 08/25/80 47 - :;,,'G@2084 pari 241 hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damaaes losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such bulkhead and/or pier. AND, PROVIDED FURTHER, that nothing herein contained shall be construed to enlarge such pertnission and authority to permit the rwintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance or construc- tion of any encroachnents by anyone other than Paul L. Ferrell, hi8 heirs, assigns or successors in title. Adopted by the Council of the City of Virainia Beach, Virginia, on the 25thday of August , 1980. This ordinance shall be effective from date of adoption. @ to be a T,ue Copy of an Of"icial Racord of the City I.,h, dated the --f day of 1980 Custodian city ci-,@k, City of vi,ginia Bea@h MES:kg 8/11/80 08/25/80 48- Requested by the DepartTnent of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCRUACMENT INTO A CITY 40 FOOT DRAINAGE AND CANAL EASEMENT IN THE SUBDIVISION OF CHELSEA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, L. Graham Field, 1846 Duke of York Quay, Virginia Beach, Virginia, is authorized to erect and maintain a temporary encroachmentina City 40' drainage and canal easement located adjacent to his property. That the temporary encroachment herein authorized is for the purpose of erecting and maintaining a bulkhead and pier and that said bulkhead and pier shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's drainage and canal easeffent as shown on that certain plat entitled, "Proposed Bulkhead In Chelsea, Va. Beach, Virginia, Application by L. Graham Field," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to L. Graham Field, his heirs, assigns or successors in title and that L. Graham Field, his heirs, assigns or successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that L. Graham Field, his heirs, assigns or successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such bulkhead and/or pier. 08/25/80 49 - p4ri243 AND, PROVIDED FURTHER, that nothing hierein contained shall be con- strued to enlarge such pennission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the rmintenance or construction of any encroachments by anyone other than L. Graham Field, his heirs, assigns or successors in title. Adopted by the Council of the City of Virginia Beach, Virginia, on the25th day of August 1980. This ordinance shall be effective from date of adoption. katcd to be a Tue Copy of..n Of.icial Reco,d of t1/29 City o(V-@@&ledth dayof '1980 Custodian MES:kg 8/12/80 c4y G,y of vi,gi @,ia Bzach A rZ C 7,7 CITY A'@0:@:@EY 08/25/80 5 0 - Requested by Department of PUblic Works ii p4i-,i244 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A CITY 40 FOOT DRAINAGE AND CANAL EASEMENT IN THE SUBDIVISION OF CHELSEA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof con- tained in Section 15.1-893, Code of Virginia, 1950, as amended, F. Stanley Porter, 1839 Duke of Norfolk Quay, Virginia Beach, Virginia, is authorized to erect and maintain a temporary encroachnent in a City 40' drainage and canal easement located adjacent to his property. That the tefnporary encroachment herein authorized is for the purpose of erecting and maintaining a bulkhead and pier and that said bulk- head and pier shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department' s specifications as to size, alignment and location, and further that such temporary ericroachment is more particularly described as follows: An area of encroacinent into a portion of the City's drainage and canal easement as shown on that certain plat entitled: "Proposed Bulkhead In Chelsea, Va. Beach, Virginia, Application by F. Stanley Porter," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular descripti on. PROVIDED, HO@IEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to F. Stanley Porter, his heirs, assigns or successors in title and that F. Stanley Porter, his heirs, assigns or successors in title shall bear all costs and expenses of such removal. AND PROVIDED, FURTHER, that it is expressly understood and agreed that F. Stanley Porter, his heirs, assigns or successors in title shall iridemnify and hold harmless the City of Virginia Beach, its agents and employees from and agaist all claims, damages losses and expenses, including reasonable attorney's fees in case it shall be necessary t6 file or defend an action arising out of the location or existence of such bulkhead and/or pier. 08/25/80 p4c,;245 AND, PROVIDED FURTHER, that nothing hereib cdntained shall be construed to enlarge such permission and authority to permit the main- tenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to pennit the main- tenance or construction of any encroachments by anyone other than F. Stanley Porter, his heirs, assigns or successors in title. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day Of August -, 1980. This ordinance shall be effective from date of adoption. Authent'@at.d t. be a T,.e Copy oi an oilicial Record of the City of Vi,ginia Beach, da@.d t@e day of 1980 Custodian C::,i Vi,gii,i, B@ -.Ch MES:kg 8/14/80 j I"pw ............... B@ 08/25/80 -5 2- REQUESTED BY: Public Works Department AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A CITY 40-FOOT DRAINAGE AND CANAL BASEMENT IN THE SUBDIVISION OF CHELSEA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Dr. Randolph Savage, 1859 Duke of York Quay, Virginia Beach, Virginia, is authorized to erect and maintain a temporary encroachment in a City 401 drainage and canal easement located adjacent to his property. That the temporary encroachment herein authorized is for the purpose of erecting and maintaining a bulkhead and pier and that said bulkhead and pier shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location and further that such temporary encroach- ment is more particularly described as follows: An area of encroachment into a portion of the City's 40-foot drainage and canal easement designated on that certain plat entitled, "Plan View Proposed Bulkhead and Pier," dated February 12, 1980, a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Dr. Randolph Savage, his heirs, assigns or successors in title and that within ninety (90) days after such notice is given, said bulkhead and pier shall be removed from the City 40-foot drainage and canal easement by Dr. Randolph Savage, his heirs, assigns or successors in title and that Dr. Randolph Savage, his heirs, assigns or successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that DR. RANDOLPH SAVAGE, his heirs, assigns or successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall -5 3- be necessary to file or defend an action arising out of the location or existence of such bulkhead and/or pier. AND, PROVIDED FURTHER, that nothing herein contained shall be construed to enlarge &uch permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extend specified herein, nor to permit the maintenance or construction of any encroachments by anyone other than Dr. Randolph Savage, his heirs, assigns or successors in title. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1980. This Ordinance shall be effective from date of adoption. DEFERRED INDEFINITELY -5 4- ITEM II-Gi3.c ITEM #15526 Mr. W. M. Harris appeared in his own behalf Upon motion by Co'uncilman Merrick, seconded by Vice Mayor Heischober, to DENY the Ordihance to authorize a temporary encroachmeftt into a portion of the right-of-way of 44th Street to William M. Harris. SUBSTITUTE MOTION made by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 44th Street to William H. Harris subject to working with the City Staff leaving the temporary encroachment until the curb and gutter installation (agreed to by the applicant) can be made. An Ordinance of encroachment into a portion of the City's right-of-way known as 44th Street, designated as '5-foot easement for fence,' as shown on that certain plat entitled, 'Encroachment Survey For Wooden Rail Fence, Lots 19 and 20, Section A, Cavalier Shores for William M. and Roberta M. Harris,' a copy of which is attached hereto and on file in the Department of Public Works, Municipal Center, Virginia Beach, Virginia. Voting: 10 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland equeste,J by Public Works Department -55- AN ORDINANCE TO AUTHORIZE A TETIPORARY ENCROACHtIENT INTO A PORTION OF THE RIGHT-OF-WAY OF 44TH STREET TO WILLIAM M. H@t)@4 2 3 2 loss k i BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Dursuant tb the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as ainended, Williarn M. Harris is authorized to erect and maintain a temporary encroachment in the City right-of- way of 44th Street. That the temporary encroachnent herein authorized is for the ourpose of erecting and maintaining a fence adjacent to his property located at 110 44th Street; and that such fence shall be erected and maintained in accordance with the City of Virginia Beach Planning Departnent's specifications and approval as to size, aligrunent and location and is more oarticularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as 44th Street, designated as "5' easement for fence," as shown on that certain i)lat entitled, "Encroachment Survey For Wooden Rail tence, Lots 19 and 20 Section A, Cavalier Shores for William M. and Roberta @l. Harris," a copy of which is attached hereto and on file in the Department of Public Works, Municipal Center, Virginia Beach, Virginia. PROVIDED, HOWEVER, that the ternporary encroachment herein authorized shall terninate upon notice by the City of Virginia Beach to Vlilliam M. Harris, his heirs, assigns or successors in interest and that within sixty (60) days after such notice is given, such teMDorary encroachment shall be removed from the City right-of-way of 44th Street by William M. Harris, his heirs, assigns or successors in interest and that William M. Harris, his heirs, assigns, or successors .In interest shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that William M. Harris, his heirs, assigns or successors in interest shall 08/25/80 5 6 - indemnify and hold hamless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. AND, PROVIDED FURT[IER, that nothing herein contained shall be construed to enlarge such pennission and authority to pemit the maintenance or construction of any encroachment other than those specified herein and to the limited extent specified herein, nor. to permit the maintenance or construction of any encroachments by anyone other than William M. Harris, his heirs, assigns or successors in interest. AND, PROVIDED FURTHER, that the City of Virginia Beach, upon revocation of such authority and pemission so granted, may remove any such encroachment and charge the cost thereof to William M. Harris, his heirs, assigns or successors in interest and collect the cost in any manner provided by law for the collection of local or state taxes; may require William M. Harris, his heirs, assigns or successors in interest to remove such temporary encroachment; and pending such removal, the City may charge William M. Harris, his heirs, assigns or sucessors in interest compensation for the use of such portion of the street encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by William M. Harris, his heirs, assigns or successors in interest; and, if such removal shall not be made within the time ordered hereinabove by this ordiance, the City shall impose a penalty in the sum of one hundred dollars ($100.00) per day for each and every day that such encroachment is allowed tb continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Adopted b@ the.Counci,l@of the City of Virginia Beach, Virginia, on the 25th day of -@st 19 80 Thisloi,dinance sliall,be effective from date MES/ih g@RE4@. T,,e Copy of an Of;;@i.1 Record of t6 C4 5/23/80 of Virginia Beach, dated 0 f i,.Qinia Boach Ci Fy A 08/25/80 @INIA: In the Clek's, O@ii@ ol th@ Ci,,uit Cou,i o/ Viginia Beach.....I.@ ..... day 19 t this inst,u.ent a , c 5 7 - 0 R D I N A N C E S ITEM II-H.l.a ITEM #15527 Upon motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to APPROVE the Ordinance to amend and reordain Chapter 31 of the City Code of the City of Virginia Beach relat- ing to borrow pits: Four additional words were read by the Clerk to be added to Para- graph (a) of Chapter 31.1: .'necessarily incidental to and" VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 5 8 - AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO BORROII PITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 31 of the Code of the City of Virginia Beach, Virginia, is amended and reordained as follows: Chapter 31. Borrow Pits and Erosion and Sediment Control Article I - Borrow Pits Section 31.1 Definition Borrow Pit - Any operation involving the breaking or distrubing of the surface soil or rock where the primary purpose of the operation is to facilitate or accomplish the extraction or removel of sand, soil, gravel, fill, or other similar material (rather than to produce the hole from which the material comes) and to transport the material or cause it to be transported off the site of the borrow pit operation. Specifically exempt from this definition are the following: (a) Any excavation for roads, drainage, or similar features necessarily incidental to and in accordance with the approved construction plans for a residential subdivision or other similar development activity, even though the excavated material may be hauled offsite or sold; (b) Any excavation for the purpose of conducting a bona fide agricultural operation, including but not limited to excavations to improve drainage, provide watering facili- ties for livestock, or create a holding lagoon for animal waste; (c) Any excavation which is less than 10,000 square feet in area and less than 1,000 cubic yards in volume; (d) Any trench, ditch or hole for utility lines, drainage pipes or other similar public works facilities or projects wliere the excavation is in accordance with the approved construction plans. Section 31.2 Excavation Permit Required It shall be unlawful for any person to operate a borrow pit without first obtaining an excavation permit to do so from the Department of Public Works. 08/25/80 -59 - Section 31.3 Conditional Use Permit Required Borrow pits shall be allowed only in those zoning districts where permitted by the Comprehensive Zoning Ordinance. The Department of Public Works shall not issue an excavation permit for any proposed excavation for which a conditional use permit has not been granted by the City Council. Section 31.4 Filing Application for Excavation Permit Required After approval by the City Council of a conditional use permit for a borrow pit, the owner of record shall cause to be filed with the Department of Public Works an application for an excavation permit. The application fee shall be fifty dollars ($50.00). The application shall include the following: 1. The name and address of the owner of the property affected. 2. The names and addresses of owners of all property abutting property for which excavation permit is sought. 3. If applicant or owner is a corporation, the names and addresses of its corporate officers and registered agent. 4. An aerial photograph of the area to be excavated with the boundaries of such area clearly delineated. 5. A copy of the current recorded survey or plat, if available, prepared by an engineer or land surveyor, certified by the commonwealth, drawn to a scale of iiot less than one inch equals two hundred feet, submitted in five copies. 6. The boundaries of the area to be excavated by courses and distances; 7. The current field topography including the location of all water courses; 8. The means of vehicular access to the proposed excavation; 9. A cross section of any banks or walls to be established through the process Of Excavating; 10. The number of cubic yards to be excavated; 11. The areas proposed for the storage of overburden and other spoil during the process of excavating; 12. The proposed date on which excavating will commence, the proposed date on which the excavation will be completed and the proposed date that all required restoration measures are to be completed; 08/25/80 - 6 0 - 13. The location of all haul roads leading to public streets and highways within the area; 14. A statement listing the public streets and highways to be used as haul routes; 15. The location of all test wells and depth of borings, where required. These shall be within the setback requirements of this chapter and location of test wells adjacent to residential areas shall be subject to approval of the Department of Public Works; 16. A restoration plan as required by this chapter; 17. An erosion and sedimentation control plan. Section 31.5 Filing Surety Bond - Issuance of Permit to Excavate After review and approval of the excavation permit application the owner of record shall cause to be filed with the Department of Public Works a surety bond. The conditions of such bond shall be for the faithful performance of the requirements of this chapter, in an amount not greater than one thousand dollars ($1,000.00) per acre (but may be reduced to an amount based on costs associated with an approved restoration plan as required by this chapter) and in no case less than five hundred dollars ($500.00) per acre or part thereof for each acre to be excavated. Upon acceptance of this bond by thE: Department of Public Works, the owner shall be exempt from posting any bond for erosion and sedimentation control in connection with this operation, but shall not be exempt from submitting an erosion and sedimentation control plan as required. Such bond shall be filed prior to the issuance of an excavation permit by the Department of Public Works. Such surety shall be a duly licensed bonding company authorized to do business in the commonwealth. Upon submission and acceptance of the bond, the Director of Public Works shall notify the City Engineer in writing to issue the excavation permit and cause surveillance of the work as it is performed. Such bond shall not be released until all provisions of this chapter are complied with. The Department of Public Works shall periodically inspect the excavation sites to insure that this chapter and other provisions as required by the City Council are being complied with. Section 31.6 Lapse; Transfer (a) In the event that the conditional use permit becomes void before being activated as provided in Section 220(g) of the Comprehensive Zoning Ordinance, then the excavation permit shall also become void. (b) No excavation permit issued hereunder may be transferred to another person without approval by the Department of Public Works; such approval to be granted in the same manner as for original applications. 08/25/80 - 61 - (c) The excavation permit as issued by the Department of Public Works shall expire five years from date of issuance. Providing the applicant has not exceeded the quantities of his original permit, the applicant may reapply to the Department of Public Works for an extension of time by providing the following information: 1. Cross sections submitted by an engineer or land surveyor, certified by the commonwealth showing amount of excavation from borrow pit. 2. Verification by the Commissioner of Revenue that the owner of the property has paid fees for material previously excavated. Section 31.7 Registration of Existing Excavation Within sixty days of the enactment of this chapter, the owner of record of any excavation in the city from which material is being sold as borrow materi al shal 1 cause to be f i led with the Director of Publ ic Works the following information: (a) Identification plat, prepared by an engineer or land surveyor certified by the commonwealth, drawn to scale of not less than one inch equals two hundred feet, submitted in five copies, to the Department of Public Works. (b) The number of acres that have been excavated and the number to be excavated. (c) The number of cubic yards remaining to be excavated. (d) Date of inception of operation. (e) Ordinance or authority under which the excavation is being conducted. (f) Name of owner of land. (g) Name of operator of excavation. (h) Topographic section of existing pit. Failure to comply with the requirements of this section shall operate automatically to cancel any previously granted excavation permit. Section 31.8 Fee for Removal and Sale of Borrow Material The owner or operator of each excavation in the city shall pay the city semiannually a fee of thirteen cents (13cts) per cubic yard for each cubic yard of material removed during the preceeding semiannual period after the date of adoption of this chapter. The fee shall be based on loose volume rather than bank volume. A copy of all existing contracts shall be filed with the Director of Finance within thirty days after the effective date of this chapter. At the completion of 08/25/80 - 6 2 - each semiannual period following the adoption of this chapter, the owner of such excavation shall cause to be filed with the Director of Public Works a statement certifying the number of cubic yards of material removed from the area undergoing excavation during the preceding six month period in order that the appropriate tax may be assessed by the Commissioner of Revenue. Cross sections shall be required to be submitted annually, prepared by a certified engineer of land surveyor, unless waived by the Department of Public Works. Section 31.9 Restoration Plans The restoration plan required to be filed with the application for excavation permit shall include the following elements: (a) General plan for restoration. A general land use plan for the parcel of property wherein the excavation will be conducted shall be prepared. This plan shall be in the form of an overlay for the aerial photograph as required in paragraph (b) of Section 31.2. It shall show the areas to be left in an inundated state, the proposed pattern of land use around inundated areas and all areas where supplementary planting is to carried out. (b) Restoration contour plat. A restoration contour plat shall be prepared on the same basis as the identification plat required in Section 31.5. It shall show the proposed topography of the parcel of land that will be excavated for a distance of at least two hundred feet from the edge of all excavated areas or to all external property lines that are within two hundred feet of such area. Such contour plat shall have a contour interval of two feet or less. (c) Description of restoration methods for renewal of topsoil and replanting. A description of the methods and materials proposed for restoration of all areas that are not inundated shall be submitted. It shall specify the amount and type of planting, the depth to which topsoil is to be spread and the amount of fertilizer to be applied. (d) Minimum slope of banks. All slopes around the edge of the excavated areas shall be left with a slope no greater than three feet horizontal to one foot vertical except that the Director of Public Works may authorize a slope of one foot horizontal to one foot vertical from a depth of fourteen feet below the elevation of the designed water surface of borrow pits that will be excavated to a depth greater than twenty feet. (e) Leveling of bottom area. The bottom of all excavated area shall be left in a level state regardless of whether inundated or not. (f) Topsoil restoration and planting. Topsoil restoration and planting shall be in conformance with the City of Virginia Beach erosion and sediment control requirements and specifications. 08/25/80 6 3 - (g) Damage to public street due to hauling. The applicant shall submit as a part of his application a statement of the methods to be used to maintain or repair any public street or highway to be used for hauling purposes. The Department of Public Works shall determine the acceptability of the methods proposed by the applicant and if deemed necessary shall require posting of a bond to insure against road damage due to the hauling. (h) Fencing requirements. Where deemed necessary by the Director of Public Works, the applicant or operator shall be required to erect a chain link type fence around the perimeter of the area to be excavated or being excavated. Such fence shall be erected to a height of six feet and shall completely encircle such excavation. All gates and other entrances shall be kept locked at all times when not in use. (i) No pit shall be abandoned unless the owner has requested a final inspection from the Department of Public Works and has submitted a final "as built" plat drawn by a certified engineer or land surveyor and received a final release in writing from the Director of Public Works at which time the surety shall be released. Section 31.10 Setbacks for Farm Ponds and Drainage Ponds The edge of any excavation for farm pond or drainage ponds shall be located at least twenty-five feet from any exterior property line and at least one hundred feet from all existing or proposed public streets and highways. Section 31.11 Penalty for Violation of Chapter Any person violating any provisions of this chapter or who fails or refuses to obtain the permit required herein shall be guilty of a misderfteanor and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each separate offense, and each succeeding day in which a violation occurs or continues shall be deemed a separate offense under this chapter. APPROV AS TO CO@ITENTS ') . SiGN4TURE 2 @ENT APPROVED AS TO FO"A CITY AT-, OP, N @Y 08/25/80 - 6 4- ITEM II-H.l.b ITEM #15528 Upon motion by Councilman Baum, seconded by Mayor McCoy, City Council voted to DEFER for TWO WEEKS (September 8, 1980), the Ordinance to amend and reordain Division 3 of Article III of Chapter 2 of the Code of the City of Virginia Beach relating to the administration of the Basic Pay Plan: VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. KitQhin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 65- REQUESTED BY: CITY MANAGER/DIRECTOR OF PERSONNEL AN ORDINANCE TO AMEND AND REORDAIN DIVISION 3 OF ARTICLE III OF CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO ADMINISTRATION OF THE BASIC PAY PLAN. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Division 3, of Article III, of Chapter 2 of the Code of the City of Virginia Beach, Virginia, is amended and reordained as follows: DIVISION 3. ADMINISTRATION OF BASIC PAY PLAN Sec. 2-33. Definitions. For the purposes of this division, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them in this section: (a) Permanent employee. A permanent employee shall be defined as a City employee who is to be employed in a position for an indefinite time period and who has completed the required probationary period as provided in Sec. 2-35. (b) Probational employee. A probational employee shall be defined as a City employee who is employed in a position for an indefinite time period and who has riot as yet completed the required probationary petiod as provided in Sec. 2-35. (c) Temporary employee. A temporary employee shall be defined as a City employee who is employed in a position in which the length of employment is fixed. (d) Part-time employee. A part-time employee shall be defined as a City employee who is scheduled to actually work less than 35 hours per consecutive work week. (e) Full-time employee. A full-time employee shall be defined as a City employee who is scheduled to actually work 35 hours or more per consecutive work week. (f) Class. A grouping of jobs having similar duties and responsibilities, requiring similar knowledges, skills and abilities and demanding similar qualifi- cations so that they may be appropriately titled, described and compensated the same. (g) Range. The minimum through maximum and career salary levels assigned to a class. Sec. 2-34. Employment with the City (a) Original employment shall be the status of an employee's initial period of continuous employment with the City of Virginia Beach. An individual beginning 08/25/80 6 6- employment for the first time shall usually be placed at the first step of the pay range established for the class in which employed. Occasionally, however, based on a new employee's prior experience and proficiency in the same or related capacity, placement may be accelerated up to and including the kt)step of.the assigned range upon recomendation by the employing authority and approval of the Director of Personnel. The effective date of original employment shall be the first day of the probationary period. (b) Reemployment shall be the status of the returning employee's employment period following a separation from City employment of more than thirty (30) consecutive calendar days from the date of separation. A new anniversary date shall be effective six (6) months from the first day of the pay period following the return to service. Such anniversary date shall be the basis for computation of all merit increases and other salary adjustments. A returning employee who is reemployed shall be usually placed at the (A) step of the position's approved pay range. Occasionally, however, based on the returning employee's prior proficiency and experience in the same or related capacity, an acceleration of up to and including the (E) step of the assigned range may be made upon recommendation by the employing authority and approvai of the Director of Personnel. All time earned in previous employment shall not be counted towards the probationary period, annual leave, service awards, or other longevity based employment conditions or benefits. Rather, only that time earned following actual reemployment shall be counted. (c) Reinstatement shall be the status of the returning employee's employment period following a return to duty with the merit service of the City within thirty (30) consecutive calendar days from the date of separation from the merit service. The appropriate pay step within the approved range of the class and anniversary date for all reinstated employees shall be determined by the Director of Personnel. All time earned previous to reinstatement shall be counted towards the probationary period, annual leave, service awards, etc. However, the actual time missed prior to reinstatement shall be discounted from actual annua-1 leave accrual to the nearest pay period. -2- 08/25/80 67 - section 2-35. Probation. The probationary period for employees shall be the initial six (6)' calendar months (twelve (12) calendar months for sworn police, fire and grant personnel) of employmen't following an original employment or reemployment. Section 2-36. Changes in Employees Pay. I (a) An Administrative Increase shall be a two (2) step increase within the pay range of a class that is awarded to an employee displaying exceptionally outstanding meritorious service. Employees may be recommended for an administrative increase upon submission of a letter of justification by the respective department head to the Director of Personnel, subject to the approval of the City Manager. An admini- strative increase does not affect the employee's anniversary date and shall only be awarded to full-time permanent employ6es. (b) Merit Increase shall be an increase of two (2) steps within the pay range of a class that i.s aT.Yarded to an employee upon successful completion of the pro- bationary period and for each year of successful job performance thereafter until the maximum step of the salary range is reached. Merit increases may become effec- tive on or after the employee's anniversary date. This increase is not automatically awarded, but is given based on job performance. Should a m@rit increase be delayed, the employee's anniversary date of eligibility for the next merit increase shall be amended to one year from the date the merit increase finally became effective. Merit increases shall only be awarded to full-time permanent employees. (c) An Administrative Decrease shall be de@ined as a two (2) step reduction within the pay range of a class as disciplinary action fr= the result of un- satisfactory job performance or misconduct. An Administrative Decrease requires a letter of justification submitted by the respective department head to the Director of Personnel and subject to the approval of the City Manager. Anniversary dates are not affected by an administrative decrease, except when such adjustment involves a career step. (d) Career Steps.. In addition to the eleven (11) regular (A) through K steps, each pay range shall have two additional career steps, (L) and (M). After three (3) years of successful service at the top regular (K@ step of the class to which a position has been assigned, an employee shall become eligible for consideration for the first career (L) step. After three (3) years of successful service at the 08/25/80 - 68 - (L) step, an employee shall become eligible for consideration for the second career (M) step. In all cases, employees must first satisfy the time require- ments established before becoming eligible for advancement to the (L) or (M) steps e t when an administrative rease is inv A career increase shall be considered a merit increase transaction when actally awarded and Personnel Transaction Request Form so noted. At no time shall employees be promoted into a career step, in the new position, higher than the career step the employee had attained in the former position. (e) A General Increase shall be an increase to a higher pay range for all classes of employees simultaneously. This shall be recommended by the City Manager and approved by the City Council. General increases are not dependent on an employee's individual performance within a job class, but rather take effect as cost of living adjustments. Section 2-37. Changes in Class. (a) A promotion shall be an advancement by a full-time permanent or proba- tional employee to a higher pay range granted to an employee in conjunction with "increased job duties and responsibilities". When employees are promoted, their salary shall be increased to a minimum step for that class (A Step) or four (4) pay increments above their present range and step, whichever is greater. However, such an increase shall not place the employee at a pay step in the range of the new position higher than the pay step held in the range of the fo=er position. The effective date of all promotions shall be the first day of the pay period. Em- ployees who are promoted on their anniversary date and are eligible for a merit increase may receive a. increase over their former salary level, provided such an increase shall not place the employee at a pay step in the range of the new position more than t@TO stens higher than the step in the range of the former position. (b) A Demotion shall be a reduction in the pay range of a full-time per- manent or probational employee in conjunction with a change in job duties and responsibilities. When an employee is reduced to a lower pay range, the step within that new pay range shall be determined by the-Director of Personnel. If the demotion is of a voluntary nature, made at the request of the employee, then the anniversary date of eligibility for merit increases shall not be adjusted 4 08/25/80 69 - unless the demotion involves assignment to a different department, division, or bureau; in which case, the appropriate anniversary date shall be determined by the Director of Personnel. (c) A reclassification shall be a reassignment of the appropriate job title, pay range, and step to an employee whose classification does not accurately reflect the actual duties performed. When such position cannot accurately be described or compensated by assignment to an existing class, the Director of Personnel shall establish a new class with appropriate range and title subject to the approval of the City Manager. The Director of Personnel shall determine an appropriate pay step and anniversary date based on the employee's longevity in the work of the class to which reclassified. (1) Whenever any employment position with the City is reclassified to a different class having a lower pay range, all employees employed in the reclassified position at the time of reclassification shall continue to be compensated at the rate received at that time; notwithstanding that in some cases such amount may be greater than the highest step of the range of the new classification. (2) Such reclassified employees shall continue to receive all future general salary increases. (3) Payment of compensation to reclassified employees, which is made pursuant to paragraphs (c) (1) and (c) (2) above and which may exceed the highest step of the reclassified range for such @mployee, shall not be deemed a promotion. Section 2-38. Transfers. (a) Transfer Within Department - A transfer from one payroll bureau code to another within the same department shall be considered a transfer within department. (b) Transfer Between Departments - A transfer of an employee from one depart- mental budget code to another shall be considered a transfer between departments. If a transfer between departments involves a promotion or demotion, the rules of the appropriate action shall apply. When employees transfer between departments to the same class of position no change of status or anniversary date occurs. 08/25/80 -7 0 - Section 2-39. Terminations. (a) Resignation shall be a voluntary separation from employment through written notification to the employing authority initiated by the employee. (b) Completion of Temporary @mployment shall be the separation from employ- ment of a temporary employee who has worked through the last workday the temporary position is available. Employees separating prior to the last workday shall be governed by the appropriate separating action. (c) Retirement shall be the separation of a full-time employee who is scheduled to begin receiving retirement benefits from the state and/or federal agencies. Retirement from full-time service with the City is mandatory at age 70 for all employees except sworn police and fire personnel who must retire at age 65. (d) Dismissal shall be an involuntary separation from employment initiated by the employing authority as a result of the employee's unsatisfactory work performance or misconduct. (e) Failure to Appear shall be a failure by an employee to report to work during the first scheduled work day following employment without previous notifi- cation to the employing authority. (f) Administrative Termination shall be a separation from employment ini- tiated by the Director of Personnel on the basis of the employee's failure to meet minimum qualifications for the position following the actu'al start of work; or the unavailability of the position or approved monies in the budget of the respective department. These employees shall be administratively terminated as immediately convenient following the determination and shall be notified of their rights to appeal (if any). Section 2-40. Effective Date of Actions: In all cases except separation, the effective date of action shall be con- sidered the commencement of the employee's regularly scheduled work period on the calendar day indicated. In all cases of separation the effective date of action shall be considered the end of the employee's regularly scheduled work period, unless specified on the calendar day indicated. Section 2-41. Anniversary Dates The Anniversary date shall be the date on which the employee becomes eligible 08/25/80 -7 1 - for a merit increase. The employee's first anniversary date shall generally be the effective date of permanent status. Thereafter, the anniversary date shall be one (1) year from last promotion, demotion, merit increase, adminis- trative decrease or transfer dissimilar to the position vacated. However, I when career steps are involved, the @ployee's anniversary date shall be three (3) years from the last promotion, demotion, merit increase, administrative decrease or transfer dissimilar to th6 position vacated. Section 2-42. Administration. The Director of Personnel shall be responsible for administering the applicatibn of the ordinance and to promulgate rules and regulations to earry out its purposes,. Section 2-43. Review and Amendment of the Pay Plan. The Director of Personnel shall constantly review employee ranges, and when necessary, make recommendations for changes to the City Manager. The ranges of pay for each class of positions may be changed by the City Manager upon rec=mendation by the Director of Personnel, p rovided funds are available for any increases in the ranges. A change in the pay range of a class shall not affect the anniversary date of employees in that class except when it involves a career step. The City pay schedule, as adopted by Section 1 of Ordinance No. 460, and as amended by the City Manager, is hereby repealed and superseded by the pay schedule attached hereto, which is hereby adopted as the City of Virginia Beach Basic Pay Schedule. This ordinance shall be effective on September 1, 1980. Adopted by the Council of the City of.Virginia Beach, Virginia, on the day of 1980. DEFERRED FOR TWO WEEKS (September 8, 1980) SIG.\IATURE -@lzsa@CL- 7 DEPAR'l,AENT 7 2 - ITEM II-H.2.a..l ITEM #15529 Upon motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the Ordinance autho- rizing the issuance of water and sewer bonds of the City ot Virginia Beach, in the maximum amount of $46,000,000, subject to the approval of the qualified voters in a voter referendum November 4, 1980. (FIRST READING) VOTING: 9-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council MemberS Absent: Clarence A. Holland 08/25/80 -7 3 - AN ORDINA14CE AUTHORIZING THE ISSUUICE OF WATER AND SETIER BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXI@, AMOUNT OF $46,000,000, SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS BE IT ORDA114ED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. It is hereby dete=ined to be necessary and expedient for the Cityof Virginia Beach to continue its capital improvement programf.o.r its water and sewer system, which will promote the health and general welfare of the City and its inhabitants and will facilitate the continued growth and orderly development of the City, and to finance a portion of the cost thereof through the borrowing of $46,000,000 and issuing the Cit7's general obligation bonds therefor additionally secured by a pledge of the revenues of the water and sewer s7stem. 2. Pursuant to Article VII, Section 1OCa)(.2) of the Constitu- tion of Virginia, the Charter of the City of Virginia Beach and the Public Finance Act, as amended, there are hereby authorized to be issued water and sewer bonds of the City in an amount not to exceed $46,000,000. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 7ears from their dates, bear interest at such rate or rates not to exceed 10 % per year, be in such denomination and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. The water and sewer system is an =dertaking from which the City may derive a revenue, and such bonds are not to be in- cluded within the otherwise authorized indebtedness of the Cit7; provided, however, that frota and after five years from the date of the election approving the bonds whenever and for so long as the water and sewer system fails to produce sufficient revenues to pAy for the cost of operation and administration (.including interest on bonds issued therefore), and the cost of insurance against loss 08/25/80 -7 4- 2. by injury to persons or property, and an annual amo=t to be placed into a sinking fund sufficient to pay the bonds at or before maturity, all outstanding bonds issued on account of such undertaking shall be included in determ-ining the limitation of the power of the City to incur indebtedness. 5. The bonds shall be ge-neral obligations of the City for the pa7ment of principal of and interest on which its full faith and credit, as well as the net revenues from its water and sewer system, shall be irrevocably pledged. 6. The bonds shall not be issued until approved by a majority of the qualified voters of the City voting on the question of their issuance at an election to be held in the City. 7. The City Clerk is hereby authorized and directed to cause a certified copy of this ordinance to be presented to the Circuit Court of the City of Virginia Beach, Virginia, which is hereb7 requested to order an election to submit to the qualified voters of the City the question of the issuance of the bonds provided for herein. 8. This ordinance shall be in full force and effect from its passage. Adopted by the Council of the CLty of Virginia Beach, Virginia, on the day of August, 1980. FIRST READING: August 25, 1980 Approved: SECOND READING: Mayor, City of Virginia Beach, Virginia APPIZOVED AS T6 CONTEt4T SIGNATUKt DEPARTMENT ,-,Appi ' T@ r!,7m .ZCI@ED AI -7 5 - ITEM II-H.2.a.2 ITEM #15530 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to APPROVE the Ordinance authorizing the issuance of road bonds of the City of Virginia Beach, ini the maximum amount of $22,900,000, subject to the approval of the qualified voters in a voter referendum November 4, 1980. (FIRST READING) The City Manager advised City Council two errors exist in the detail sheets provided on the highway project. A copy of the City Manager's letter of August 25, 1980, is here made a part of these proceedings and the following correctiona are noted: General Booth was said to run from " . . . Farm Road to Sandbridge Road." It should read from Farm Road to Princess Anne Road." Bonney Road, in its justification, contained the sentence: The extension of Constitution Drive will relieve traffic congestion on Independence Boule- vard. This sentence should be deleted. VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 -7 6- AN ORDINANCE AUTHORIZING THE ISSUANCE OF ROAD BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMLJM AMOUNT OF $22,900,000, SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. It is hereby dete=ined to be necessary and expedient for the City of Virginia Beach to undertake a program of road construction and improvement, including the acquisition of rights- of-way and construction of curbs, gutters, sidewalks, bridges and sto= drainage facilities, which will promote the development and public welfare of the City, and to finance the cost thereof through the borrowing of $22,900,000 and issuing the City's general obligation bonds therefor. 2. Pursuant to the Charter of the City of Virginia Beach and the Public Finance Act, as amended, there are hereby authorized to be issued road bonds of the City in an amount not to exceed $22,900,000. The bonds may be issued as a separate issue or may be combined with bonds authorized for other purposes and issued as a part of a combined issue of public improvement bonds. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest at such rate or rates not to exceed the maxiTniTm rate authorized by law at the time the bonds are sold, be in such denomination and form, be executed in such manner and be sold at such time or times and in such manner as the council may hereafter provide by appro- priate resolution or resolutions. 4. The bonds shall be general obligations of the Cit7 for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. 5. The bonds shall not be issued until approved by a majority of the qualified voters of the City voting on the question of their issuance at an election to be held in the City. 08/ 25/80 -7 7 - 2 6. The City Clerk is hereby authorized and directed to cause a certified copy of this ordinance to be presented to the Circuit Court of the City of Virginia Beach, Virginia, which is hereby requested to order an election to submit to the qualified voters of the City the question of the issuance of the bonds provided for herein. 7. This ordinance shall be in full force and effect from its passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of August, 1980. FIRST READING: August 25, 1980 Approved: SECOND READING: Mayor, City of Virginia Beach, Virginia APPROVED AS TO CONTENT SIGNATUPE DEPARTM-NT AP !6 TO 0-8/25/80 - 7 8 - ITEM II-H.2.b ITEM #15531 Councilwoman Reba McClanan advised of her resignation as a member of the Clean Community Commission and moved the APPROVAL of the Ordinance, on FIRST READING, to appropriate $5,800 for the Clean Community System Program: VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council MemberS Absent: Clarence A. Holland 08/25/80 -7 9 - AN ORD TO APPROPRIATE ADDITIONAL FUNDS FOR THE CLEAN SYSTEM PROGRAM WHEREAS, City Council approved the third year funding of the Clean CaTmmity SystEm Program on January 21, 1980, and , the State D t of Conservation and Econanic De- velo@t, Division of Litter Control, will provide additional third year funds in the amount of $5,800. NOW, IM, BE IT OP== BY THE CO=IL OF THE CITY OF VIRGnM That the City Manager is hereby authorized to accept the ad- ditional funds for the City, and funds are hereby appropriated in the &nount of $5,800 for the Clean Cammnity System Prograin, and BE IT ORDA= that the appropriat3.ons be f==ced by $5,800 Estimated Revenue f= the State Departnerit of Conservation and EcmarLic Develo@t. F= @ING: August 25, 1980 SECOIM READING: Adopted by the CaLmcil of the City of Virginia Beach on the day of , 1980. This ordinance shall be effective from date of adoption. APPPOVED AS TO CONIENT SIC.'4ATURE D@PAP'ME\T 08/25/80 -80- ITEM II-I.3 ITEM #15534 Upon motion by Councilman Merrick, seconded by Councilman Standing, City Council voted to REAPPOINT Mr. W. S. Fenner to the Personnel Board for a three year term beginning October 3, 1980 and expiring October 2, 1983. VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council MemberS Absent: Clarence A. Holland 08/25/80 -8 1 - A P P 0 I N T M E N T S ITEM II-1.1 ITEM #15533 Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to APPOINT Reverend RuSsell 0- Siler to the Community Mental Health and Mental Retardation Services Board to fill the unexpired three year term of Mrs. Catherine Morrey expiring December 31, 1981. VOTING: 10-0 Council Members Voting Aye: John A. Baum, P. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 -82- ITEM II-H.3.a ITEM #15532 The following bids have been received for the Atlantic Park/ Oceana Gardens Sewer and Water Improvements Project: Vico Construction $378,771.81 Carter-Bell Corporation 388,708.65 A. Stanley Mundy & Company 407,034.00 Suburban Grading & Utilities 411,434.07 M. E. Wilkins, Inc. 434,282.25 Utility Builders, Inc. 444,085.75 Oliver Septic Tanks 446,903.42 Floyd B. Smith Contracting 470,098.33 Inner-View, Ltd. 529,452.25 A & W Contractors 585,979.50 Engineer's Estimate $508,120.00 Upon motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to APPROVE the low bid of Vico Construction, in the amount of $378,771.81, for the Atlantic Park/Oceana Gardens Sewer and Water Improvements project. VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 -8 3- ITEM #15535 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to AUTHORIZE the City Manager to advertise for bids for the commerical dredging of Rudee Inlet, as discussed in the Informal Session. VOTING: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Har6ld Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland 08/25/80 -8 4- ITEM II-J.1 ITEM #15536 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, and by UNANIMOUS VOTE, the meeting adjourned at 9:45 p.m. Angelid'S. Bunch, Deputy City Clerk Rufh Hodges Stfith, City Clerk Mayor 'Tu ry M-c Jr City of Virginia Beach, Virginia 25 August 1980 asb:mas Cit@ c>f Augu-6t 25, 1980 The Honotabte Mayot Memb@ oi City Coun@ A6 pte,6cAibed by Sec. 2.9 o6 the Code oi the City o4 V@@ia Beach, I heaeby teque,6t that CounciP- meet in SPECIAL SESSION at 9:00 a.m. Wedne,6day, @uzt 27, 1980, in the Councit Chamb@, io,% the puapose o@)A@e@tm (2) 0 ez on Watet/@eA and Road Bond6 6o)L "Second Reading". GLH:am I he)Leby waive my @ght o6 notice: Ctaxence A. HotZand