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HomeMy WebLinkAboutOCTOBER 6, 1980 MINUTES Cit@ CD-f "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR J. HENRY M,COY JR.. D.D.S., K,.p@.ill@ B.,..,b VICE-MAYOR HAROLD HEISCHOBER. A, L.,g, JOHN A. BAUM, B.... gb F. REID ERVIN, A, L.,g@ BARBARA M. HENLEY, P..g. 8.... gh CLARENCE A. HOLLAND, M.D., B.,@id@ B.@.gb W. H. KITCHIN, lit, Vigi.i. B,.@b B .... gb REBA S. M@LANAN, P,i.@-. A... B.,..,b DONALD W. MERRICK, L,..b..- B.-.gb MEYERA E. OBERNOORF, A, L.,g@ 212 CITY MALL BUILDINC PATRiCK L. STANDING, A, L.,g, MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 RUTH HODGES SMITH, Cily Cl-,k (804) 427-4303 City Council Agenda ITEM I INFORMAL BRIEFING: 1:00 p.m. October 6, 1980 A. CALL TO ORDER - VICE MAYOR HAROLD HEISCHOBER, ACTING MAYOR B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS: 1. Water Conservation: Discussion 2. North Virginia Beach Parking Demands - Atlantic Avenue Parkway: Discussion 3. Construction of Street Known as Mailbox Lane: Discussion 4. Bridle Creek Apartinents Financing: Discussion ITEM II FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend B. G. Campbell Pastor Westwood Hill Baptist Church B. PLEDGE OF ALLEGIANCE C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 22 September 1980. E. PRESENTATION 1. Presentation by Neptune Festival Chairman and Executive. F. BID OPENING 1. Opening of Seal Bids - "Apartment Project at Rose Hall". G. PUBLIC HEARING 1. Fiscal Year 1981 Capital Budget/Revenue Sharing. H. RESOLUTION 1. Resolution irreversibly committing land acquired by the City along Canal Number Two as dedicated for drainage purposes. 1. CONSENT AGENDA All matters listed under the C6nsent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Ordinance to amend and reordain Section 31-13(a) of the City Code pertaining to the definition of land disturbing activity and Section 31-16 pertaining to the security for performance of land disturbing activities. 2. Ordinance authorizing certain events conducted on City property to be exempted from the Prohibition from working or trans- acting business on Sunday. 3. Request for deferral for an additional two weeks for ordi- nances relating to line fees charged for detached garage apartments or detached maid's quarters. 4. Raffle Permits: Virginia RecreAtiofi and Park Raffle Society Princess Anne Plaza Garden Raffle Club Courthouse Recreation Association Raffle CONSENT AGENDA (continued) 5. SECOND READING - Ordinance to amend Se6tion 33-9 of the Code of the City of Virginia Beach pertaining to interest when personal property taxes are not paid on time. 6. SECOND READING - Ordinance to amend Section 33-7.11 of the Code of the City of Virginia Beach pertaining to interest when service charge on tax exempt real estate is not paid on time. 7. SECOND READING - Ordinance to amend Section 33-3 of the Code of the City of Virginia Beach pertaining to interest when real estate tax is not paid on time. J. ORDINANCES 1. City Code Amendments a. Ordinance to amend and teordain Article V-A of the Code of the City of Virginia Beach pertaining to the Department of Fire Protection; AND, an Ordinance to amend and reordain Section 2-57.1 of the Code of the City of Virginia Beach pertaining to background investigations of applicants to the Department of Fire Pro- tection. b. Ordinance to amend Article VII of the Code of the City of Virginia Beach by adding Section 2-85.3 establishing and authorizing relocation payments relating to real property acquisition for city road projects. C. Ordinance establishing rates to be charged for the use of the services and facilities of the Pavilion. 2. First Readings a. Ordinance, on first reading, to appropriate funds of $125,000 for the Marine Science Museum. 3. Low Bids a. Low bid of Cottrell Engineering Corporation, in the amount of $295,000 for the Rudee Inlet Sand Trap Dredging and authoriza- tion to the City Manager to enter into the necessary agreements to implement this project. b. Low bid of Utility Builders, Inc., in the amount of $423,160.12 for the Indian River Road Water Main (CIP 5-709) and the Kempsville Road Water Main (CIP 5-908) and authorization to the City Manager to enter into the necessary agreements to implement these projects. J. ORDINANCES (continuea) 4. Encroachments a. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of North Great Neck Roaa to Point 01 Woods Civic League. b. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Locke Lane to Fairfield Civic Leacjue. K. OLD BUSINESS 1. City Manager's recommendation to Council regarding Mailbox Lane. L. NEW BUSINESS M. ADJOURNMENT 1. Motion to adjourn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 6 October 1980 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Acting Mayor Harold Heischober, in the Conference Room, in the Administration Building, on Monday, 6 October 1980 at one o'clock in the afternoon. Council Members Present: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. ITEM #15666 Acting Mayor Heischober entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the pur- pose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, or employees of any public body. (Personnel Matters). 2. Investing of public funds where competition or bargaining are involved where, if made public initially, the financial interest of the governing unit would be adversely affected. (Financial Matters). 3. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). 2- Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Vot ing 9- 0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 3- I N F 0 R M A L S E S S I 0 N Acting Mayor Heischober advised Council that the City Manager would proceed with his matters before the Matters by Council Members. ITEM #15667 The City Manager advised Council that the Director of Public Utilities was appearing before Council in the INFORMAL SESSION to advise them of the problems facing the City of Virginia Beach, and how-the City is "coping" with these problems, with regards to the water shortage.. Mr. Watts advised Council that effective October 1, 1980, each customer of the Virginia Beach water system was allocated 75% of the previous year's average daily consumption; and, subsequent to October 15, 1980, each customer will be mailed an allocation card. The card will indicate the following information: 1. Account Number. 2 . Billing Address. 3. Previous Year's Average Consumption per Billing Period and Average Daily Consumption. 4. Seventy-Five percent (75%) of the Previous Year's Consumption per Billing Period in Cubic Feet. This figure will also be shown in gallons. 5. Seventy-Five percent (75%) of the Previous's Year's Average Daily Consumption in Cubic Feet and Gallons. 6. For possible future use, figures representing fifty percent (50%) and twenty-five percent (25%) of previous year's average daily consumption will be shown. Appeals will be considered only after customers have received utility bills after December 1, 1980. Appeals will only be considered where consumers can prove an average daily consumption per resident of less than 50 gallons. All customer disputes must be submitted in writing to Mr. Michael J. Barrett, Assistant to the City Manager, Municipal Center, Virginia Beach. All customers consuming less than 4,000 gallons per Sixty (60) day period will not be subject to the allocation plan. All health care facilities must apply in writing to Mr. Barrett for an exemption from the allocation plan. The exemption requests will be considered on an individual basis. There will be no proration of utility bills. The new rate structure will be effective on all billing periods beginning after October 1, 1980, and will apply to all bills after December 1, 1980. Ordinance changes to implement this plan will be presented to City Council Monday, October 13, 1980. 4- COST OF WATER TO VIRGINIA BEACH CURRENT CONTRACT RATE $ .637/1,000 Gallons ALLOCATION RATE EFFECTIVE OCTOBER 1, 1980 0 - 75% of Average Usage $ .637/1,000 Gallons Next 25% of Average Usage $ .637 Base Rate + $2.674 Surcharge $3.311/1,000 Gallons OVER 100% of Average Usage $ .637 Base Rate + $13.369 Surcharge $14.006/1,000 Gallons IMPACT OF ALLOCATION RATE VIRGINIA BEACH AVERAGE DAILY USE LAS-T TWELVE (12) MONTHS 19.932 Million Gallons SEVENTY-FIVE PERCENT (75%) ALLOCATION 14.949 Million Gallons PENALTY TO VIRGINIA BEACH PER ONE MILLION GALLONS OVER ALLOCATION Seventy-Five percent (75%) to One Hundred Percent (100%) $ 2,674 per Million Gallons (14. 949 - 19. 932 MG) OVER One Hundred Percent (100%) $13.369 per Million Gallons (over 19. 932 MG) AVERAGE DAILY USAGE OCTOBER 1979 20.1 Million Gallons IF VIRGINIA BEACH USES THE SAME AMOUNT OF WATER IN OCTOBER 1980 AS WAS USED IN OCTOBER 1979, THE CITY WILL INCUR A PENALTY OF $482,705.00. - 5- WATER ALLOCATION ALTERNATIVES NORFOLK'S PLAN IF APPLIED TO VIRGINIA BEACH: Usage Rate First Seventy-Five Percent (75%) of Average $ 1.06 per 1,000 Gallons Next Twenty-Five Percent (25%) of Average $ 3.73 per 1,000 Gallons Above One Hundred Percent (100%) of Average $13.37 per 1,000 Gallons VIRGINIA BEACH PLAN: RESIDENTIAL AND MULTI-FAMILY PER DWELLING UNIT: Usage Rate 0 - 11,000 Gallons $ 1.06 per 1,000 Gallons 11,000 - 18,000 Gallons $ 4.10 per 1,000 Gallons Above 18,000 Gallons $14.70 per 1,000 Gallons VIRGINIA BEACH PLAN: COMMERCIAL AND NON-TAXABLE CUSTOMERS: Usage Rate First Seventy-Five Percent (75%) of Average $ 1.06 per 1,000 Gallons Next Twenty-Five Percent (25%) of Average $ 4.10 per 1,000 Gallons Above One Hundred Percent (100%) of Average $14.70 per 1,000 Gallons - 6- ITEM #15668 The City Manager advised Council that the North Virginia Beach Parking Demands should have read "OCEAN FRONT PARKING PLAN STUDY". The City Manager advised Council the City has received a Grant of $20,000 to develop a recommended Parking Plan on Atlantic Avenue and the side streets. In the absence of Mayor McCoy, the City Manager read the following list of persons appointed by the Mayor to the STEERING COMMITTEE FOR A TRANSPORTATION PLAN ON THE OCEAN FRONT: Mr. Joe Howa, representing the Retail Merchants Mr. Skip Hendrix, representing the Innkeepers Mr. Harry Sandler, representing the Food Distributors Mr. Edward Ruffin, representing the Restaurant Association Mrs. Nancy Parker, representing Old Virginia Beach Civic League Mr. Jim Owens, representing Virginia Beach Research and Advisory Council The Appointees are to work with the Southeastern Virginia Planning District Commission, the Planning Department Staff, and tbe Police Department on the proposed Plan. ITEM #15669 The City Manager discussed with Council the request of Mr. Robert R. Lemon for the closure of Mailbox Lane, which was heard by City Council on September 22, 1980. The City Manager advised Council of his discussions with Mr. J. S. Hodge and Mr. P. D. Gribok of the State Highway Department. The City Manager advised Council that a change in the contract to delete planned work on Mailbox Lane could result in the request from the contractor for additional compensation due to change in contract conditions, with the City paying all claims for damages to the contractor that may arise from the deletion of work on Mailbox Lane. - 7- ITEM #15670 Tbe City Manager advised Council of an Apartment Project by Fralin and Waldron.(Bridal Creek Apartments), for which they wish to receive a tax-exempt status for the construction. Fairfax County Redevelopment and Housing Authority has agreed to issue the Tax-Exempt Bonds, if tbe Virginia Beach City Council has no objections. As required by State Law, City Council will hold a Public Hearing on October 20, 1980, to receive citizen input concerning the above matter. M A T T E R S B Y C 0 U N C I L M E M B E R S ITEM #15671 Councilman Merrick advised the City Manager that during the Council Meeting of September 8, 1980, Council discussed the Subdivision Variance denied to Mr. and Mrs. Harry Jeavons, and a staff report being prepared for today's meeting (October 6, 1980). The City Manager advised Council it was his understanding tbat the matter would be handled Administratively; however, if no understanding could be reached between the Staff and Mr. and Mrs. Jeavons, the matter would be forwarded to Council. The Director of Public Works advised Council he met with Mr. and Mrs. Jeavons concerning this matter. Tbis matter will be discussed further in the FORMAL SESSION. City Council recessed into the EXECUTIVE SESSION (1:50 p.m.), for briefing prior to the FORMAL SESSION of City Council. - 8- M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 6 October 1980 Council Members Present: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. E. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. INVOCATION: Mr. Richard J. Webbon, retired City Clerk PLEDGE OF ALLEGIANCE M I N U T E S ITEM II-D.1 ITEM #15672 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the Minutes of the Regular Meeting of 22 September 1980. 10/6/80 9- Vot ing: 9-0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, II1, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. 10/6/80 -10- P R E S E N T A T I 0 N ITEM II-E.1 ITEM #15673 Mr. Robert Fentress, Chairman of the Neptune Festival, and Miss Starr Shotwell, Executive Director of the Festival, appeared before Council thanking them for their participation and support in this year's activities. B I D 0 P E N I N G ITEM II-F.1 ITEM #15674 Acting Mayor Heischober opened the sealed bids for the "Apartment Project at Rose Hall". The bid, in the amount of $343,000, was received from Rose Hall Village Associates, and forwarded to the Staff for their recommendations to Council for future deliberations. The following appeared regarding the above matter: Mr. Ray Breeden Mr. Louis Rightmier, Architect, showing a rendering of what is proposed for the Apartment Project Mr. Ed Carson, Landscape Architect Mr. Bill Litton, Metropolitan Mortgage Fund Incorporated Mr. Allen Perrell, General Partner in the Rose Hall Village Associates Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to ACCEPT the bid of Rose Hall Village Associates, in the amount of $343,000, for the "Apartment Project as Rose Hall"; subject to review for proper bid requirements by the City staff. Voting: 9-0 10/6/80 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay; None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. 10/6/80 1 2- P U B L I C H E A R I N G ITEM II-G.1 ITEM #15675 PUBLIC NOTICE For all interested citizens of the City of Virginia Beach, a hearing on the Fiscal Year 1981 Capital Budget will be held on October 6, 1980, at 2:00 p.m., in the City Council Chambers, located in the City Hall Building. The summary of the proposed expenditures for the period is as follows: Revenue All Sharing Other Total of Project Category Funds Funds All Funds Schools $ 2 , 2 6 2 , 7 96 $ 3 , 01 1 , 000 $ 5 , 2 7 3 , 7 96 Engineering and Highways 1,260,170 16,528,292 17,788,462 Buildings 1,531,185 6,779,803 8,310,988 Parks and Recreation 145,849 1,929,372 2,075,221 Water Utility - 7,948,008 7,948,008 Sewer Utility - 12, 72 9, 000 1 2, 72 9, 000 $ 5,200,000 $48,925,475 $54,125,475 The proposed Fiscal Year 1981 Capital Budget is included in the Fiscal Year 1981-1985 Capital Improvement Program and is available for examination at the City's branch libraries during scheduled hours of operation or at the City's Finance Department between 9:00 a.m. and 5:00 p.m. on weekdays. All interested citizens will have the opportunity to give written or oral comments. Senior citizens are encouraged to attend and comment. The City Manager advised Council that by Law the City Manager is required to hold a Public Hearing for citizen input, and make recommendations to Council. The City Manager's advised Council that this matter is included in the Capital Improvement Program, which was forwarded to Council previously. There was no objection at the Public Hearing on the proposed improvements as indicated above. Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to CLOSE the Public Hearing on Fiscal Year 1981 Capital Budget/Revenue Sharing. 10/6/80 -1 3- Voting: 9-0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. 10/6/80 -1 4- R E S 0 L U T I 0 N ITEM II-H.1 ITEM #15676 Tbe Regular Meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building, of the City on the Sixth day of October, 1980. Upon motion by Councilman Standing, seconded by Councilman Holland, the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the City of Virginia Beach, Virginia, by Ordinance dated February 28, 1977, authorized acquisition of rights-of-way for Canal No. 2 to provide drainage for the welfare of the people in the City of Virginia Beach (See Exhibit "A"); and, WHEREAS, the City of Virginia Beach desires Federal participation in the said project; and, WHEREAS, Federal participation in the aforesaid project is contingent upon the fulfillment of certain items of cooperation by local interests; and, WHEREAS, the City of Virginia Beach has been and is presently still committed to proceed with the proposed plan known as Canal No. 2. NOW, THEREFORE, BE IT RESOLVED B7 THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach hereby irreversibly commits for the purpose of Canal No. 2 Project, and no other purpose, all necessary land, easements and rights-of-way for the construction and subsequent maintenance of the said drainage project. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of October, 1980. 10/6/80 -1 5- Upon mation by Councilman Standing, seconded by Councilman Holland, City Council voted to ADOPT the Resolution whereby the City of Virginia Beach hereby irreversibly commits for the purpose of Canal No. 2 Project, and no other purpose, all necessary land, easements and rigbts-of-way for the construction and subsequent maintenance of said project. Voting: 8-1 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. -1 6- (EXHIBIT "A") AN ORDINANCE TO AUTHORIZE THE ACQTJISITION OF RIGHT-OF-WAY FOR CANAL NO. 2 PROPERTY TO BE ACQUIRED IN FEE SIMPLE: THE ACQUISITION OF RIGHT-OF-WAY EITHER BY AGREEMENT OR BY CONDEMNATION AND TO APPROPRIATE THE NECESSARY FUNDS FOR SAID ACQUISITION OF LAND OR INTEREST IN SAID LAND FOR RIGHT-OF-WAY OF CANAL NO. 2 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the City of Virginia Beach, Virginia, has authorized construction of Canal No. 2, and that same has been approved for right- of-way acquisition; and, WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the construction of this important Project to provide drainage and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of 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 and/or Assistant City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to Section 15.1-236 et seq, and Section 25-46.1 et seq., Code of Virginia of 1950, as amended, all that certain real property, in fee simple, including temporary and permanent easements of rights-of-way as shown on the Plan and Profile of Proposed Construction of Canal No. 2, Scale; 1" = 1600', City of Virginia Beach, Virginia, Engineering Division, on file in the Department of Community Services, Municipal Center, Virginia Beach, Virginia. Section 2. The City Attorney and/or Assistant City Attorney is hereby authorized to make, or cause to be made, in behalf of the City of Virginia Beach, a reasonable offer to owners or persons having an interest in said lands, if refused, tbe City Attorney and/or Assistant City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. There is hereby appropriated sufficient funds to cover the cost of the rigbt-of-way acquisition, construction and other expenses. Section 4. That an emergency is bereby declared to exist and this Ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on tbe Sixth day of October, 1980. -16 (a)- (EXHIBIT "A") AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF RIGHT-OF-WAY FOR CANAL NO. 2 PROPERTY TO BE ACQUIRED IN FEE SIMPLE; THE ACQUISITION OF RIGHT-OF-WAY EITHER BY AGREEMENT OR BY CONDEMNATION AND TO APPROPRIATE THE NECESSARY FUNDS FOR SAID ACQUISITION OF LAND OR INTEREST IN SAID LAND FOR RIGHT-OF-WAY OF CANAL NO. 2 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the City of Virginia Beach, Virginia, has authorized construction of Canal No. 2, and that same has been approved for right- of-way acquisition; and, WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the construction of this important Project to provide drainage and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of 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 and/or Assistant City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to Section 15.1-236 et seq. and Section 25-46.1 et seq., Code of Virginia of 1950, as amended, all that certain real property, in fee simple, including temporary and permanent easements of rights-of-way as shown on the Plan and Profile of Proposed Construction of Canal No. 2, Scale: 1" = 1600', City of Virginia Beach, Virginia, Engineering Division, on file in the Department of Community Services, Municipal Center, Virginia Beach, Virginia. Section 2. The City Attorney and/or Assistant City Attorney is hereby authorized to make, or cause to be made, in behalf of the City of Virginia Beach, a reasonable offer to owners or persons having an interest in said lands, if refused, the City Attorney and/or Assistant City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. There is hereby appropriated sufficient funds to cover the cost of the right-of-way acquisition, construction and other expenses. -16 (b)- Section 4. That an emergency is hereby declared to exist and this Ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Eighth, day of February, 1977. 1 7- C 0 N S E N T A G E N D A ITEM II-I.1/2 ITEM #15677 Upon motion by Councilman Baum, seconded by Councilman Standing, City Council agreed to separate Items II-I.1 and II-I.2 from the CONSENT AGENDA; and, APPROVE Items II-I.3 through II-I.7. Voting: 9- 0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. -1 8- ITEM II-I.3 ITEM #15678 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE DEFERRAL FOR AN ADDITIONAL TWO WEEKS the Ordinances relating to line fees charged for detached garage apartments or detached maid's quarters. Vot ing 9-0 Council Members Voting Aye: John A. Batun, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. 10/6/80 - 1 9- ITEM II-I.4 ITEM #1567 9 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE the following Raffle Permits: Raffle Virginia Recreation and Park Society Raffle Princess Anne Plaza Garden Club Raffle Courthouse Recreation Association Voting: 9-0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. 20 - ITEM II-I.5 ITEM #15680 Requested by: Finance Department AN ORDINANCE TO AMEND SECTION 33-9 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO INTEREST WHEN PERSONAL PROPERTY TAXES NOT PAID ON TIME. BE IT ORDAINED BY THE COUNCIL OF THE CLTY OF VIRGINIA BEACH, VIRGINIA, THAT: Section 33-9 of the Code of the City of Virginia Beach is hereby amended and reordained as.follows: Section 33-9. Penalties and interest wben not paid on time. In the event any taxes on personal property is not paid on or before the time the same are due and payable as set forth in Section 33-8, there shall be added thereto a penalty of ten (10%) percent of the amount of such unpaid taxes or the sum of Ten Dollars ($10.00), whichever shall be greater, and such taxes and penalty shall bear interest at the rate of aim-46@ nine and six tenths percent (9/6%) per annum, commencing not earlier than the first Monday of tbe month following tbe month such taxes are due. The assessment of such penalty shall not be deemed a defense to a criminal prosecution for failing to make return of taxable property as may be required by law. This Ordinance shall be effective from January 1, 1981. FIRST READING: 22 September 1980 SECOND READING: 6 October 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of October, 1980. 21- Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE ON SECOND READING the Ordinance to amend Section 33-9 of tbe Code of the City of Virginia Beach pertaining to interest when personal property taxes not paid on time. Voting: 9-0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heiscbober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 2 2- ITEM ii-i.6 ITEM #15681 Requested by: Finance Department AN ORDINANCE TO AMEND SECTION 33-7.11 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO INTEREST WHEN SERVICE CHARGE ON TAX EXEMPT REAL ESTATE NOT PAID ON TIME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-7.11 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: In the event any installment of the service charges imposed in Section 33-7.8 is not paid on or before the time the same is due and payable, as set forth in Section 33-7.10, there shall be added thereto a penalty of five (5%) percent of the amount of such unpaid installment and such installment and penalty shall bear interest at the rate of nine and six tenths percent (9.6%) per annum from the end of the sixth month next following the month such installment was due, but not paid, until paid. This Ordinance shall be effective from January 1, 1981. FIRST READING: 22 September 1980 SECOND READING: 6 October 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of October, 1980. 10/6/80 - 2 3- Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE ON SECOND READING the Ordinance to amend Section 33-7.11 of the Code of the City of Virginia Beach pertaining to interest when service charge on tax exempt real estate not paid on time. Voting: 9-0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Stand@g Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 24- ITEM 11-I. 7 ITEM #15682 Requested by: Finance Department AN ORDINANCE TO AMEND SECTION 33-3 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO INTEREST WHEN REAL ESTATE TAX NOT PAID ON TIME BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-3 is hereby amended and reordained as follows: Section 33-3. Penalty and interest when installment not paid on time. In tbe event any installment of taxes on real estate is not paid on or before the time tbe same is due and payable as set forth in Section 33-2, there shall be added thereto a penalty of ten (10%) percent of the amount of such unpaid installment or the sum of Ten Dollars ($10.00), whichever shall be greater, and such installment and penalty shall bear interest at the rate of s!Lm-46@ nine and six tenths percent (9.6%) per annum, commencing not earlier than the first day of the month following the month such taxes are due. The assessment of such penalty shall not be deemed a defense to any criminal prosecution for failing to make return of taxable property as may be required by law. This Ordinance shall become effective on January 1, 1981 FIRST READING: 22 September 1980 SECOND READING: 8 October 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of October, 1980. - 2 5- Upon motion_ by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE ON SECOND READING the Ordinance to amend Section 33-3 of the Code of the City of Virginia Beach pertaining to interest when real estate tax is not paid on time. Voting: 9-0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S., McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 26- ITEM II-I.1 ITEM #15683 Requested by: Department of Public Works AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-13(a) OF THE CITY CODE PERTAINING TO THE DEFINITION OF LAND DISTURBING ACTIVITY AND SECTION 31-16 PERTAINING TO THE SECURITY FOR PERFORMANCE OF LAND DISTURBING ACTIVITIES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 31-13(a) and 31-16 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained as follows: Section 31-13. Definitions. As used in this Article, unless context clearly indicates otherwise: (a) "Land disturbing activity" shall mean any land change which may result in soil erosion from water or wind and the movement of sediments into waters or onto lands in the City, including, but not limited to, clearing, grading, excavating, transporting and filling of land, other than Federal lands, except that the term shall not include: (1) Such minor land disturbing activities as home gardens and individual home landscaping, repairs and maintenance work; (2) individual service connections; construction, installation or maintenance of electric and telephone utility lines; installatior, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street or sidewalk provided such land disturbing activity is confined to the area of the road, street, or side- walk which is hard surfaced; (3) Septic tank lines or drainage fields unless included in an overall plan for land disturbing activity relating to con- struction of the building to be served by the septic tank system; - 2 7- (4) Surface or deep mining; (See Section 31-1 of City Code) exploration or drilling for oil and gas including the well sit@ foads and off-site disposal areas; (5) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops; (6) Construction, repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; (7) Preparation for single-family residences separately built unless in conjunction with multiple construction in subdivision development except when this activity takes place in any floodplain area as defined in the CZO; (8) Disturbed land areas for commercial or noncommercial uses of less than ten thousand (10,000) square feet in size, except when this activity takes place in any floodplain area as defined in the CZO; (9) Installation of fence and sign posts or telephone and electrical poles and other kinds of posts or poles; (10) Shore Erosion Control Projects on tidal water recommended by the Soil and Water Conservation Districts in which the projects are located or approved by the Marine Resources Commission; (11) Emergency work to protect life, limb or property, and emergency repairs; provided that if the land disturbing activity would have required an approved Erosion and Sediment Control and Tree Protection Plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stablized in accordance with the requirements of the City Engineer. Section 31-16. Approved plan required for issuance of grading, building, or other permits; security for performance. Upon the effective date of this Ordinance, - 28- no permits for grading, building, or other permits for activities involving land disturbing activities may be issued unless the applicant therefor submits with his application tbe approved Erosion and Sediment Control and Tree Protection Plan or certification of such approved plan from the City Engineer, as well as certification that such plan will be followed. Prior to *lie issuance of such permit, the City Engineer will also require from any applicant a reasonable Performance Bond, Casb Escrow, Letter of Credit, or other legal surety, or any combination thereof as-may-@e acceptable to the City Attorney to ensure that emei-geney measures could be taken by the City at the applicant's expense sh6uld, he fail, after proper notice, within the time specified to initiate or maintain appropriate conservation action which may be required of him by such approved plan as a result of his land disturbing activity. With Sixty (60) days of the completion of the land disturbing activity, such Bond, Cash Escrow, Letter of Credit or other legal surety or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated, as the case may be. These requirements are in addition to all other provisions of law relating to the issuance of such permits and are not intended to otherwise affect the requirements for such permits. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 1980. (Note) See Sections 21-89-3 and 21-89.7, Code of Virginia, for authority. DEFERRED ONE WEEK: 6 October 1980 2 9- Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council vot,ed to DEFER FOR ONE WEEK (13 October 1980), the Ordinance to amend and reordain Section 31-13(a) of the City Code pertaining to the definition of land disturbing activity and Section 31-16 pertaining to the secUTity for performance of land disturbing activities. Vot ing: 9- 0 Council Members Voting Aye: (for deferral John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 30- ITEM II-I. 2 ITEM #15684 AN ORDINANCE AUTHORIZING CERTAIN EVENTS CONDUCTED ON CITY PROPERTY TO BE EXEMPTED FROM THE PROHIBITION FROM WORKING OR TRANSACTING BUSINESS ON SUNDAY WHEREAS, Section 18.2, Code of Virginia (1950) as amended, requires the City Council of the City of Virginia Beach to designate on a case-by-case basis the events which are exempt from working or transacting business on Sundays; and, WHEREAS, the following City property has been designated by the Council of the City of Virginia.Beach for the following dates, as the site for the following events: DATE CITY PROPERTY EVENT October 26, 1980 Pavilion Southeast Virginia Home and Energy Show November 2, 1980 Pavilion Tidewater Kennel Club Doig Show November 9, 1980 Pavilion D. P. Paul Company Jewelry Show November 9, 1980 Pavilion Surfside Flea Market November 16, 1980 Pavilion Tidewater Custom Car Van Cycle Show November 30, 1980 Pavilion Virginia Beach Arts Center Arts and Crafts Show January 18, 1981 Pavilion Surfside Flea Market February 22, 1981 Pavilion Mid-Atlantic Sports and Boat Show March 1, 1981 Pavilion Mid-Atlantic Sports and Boat Show March 8, 1981 Pavilion Surfside Flea Market March 29, 1981 Pavilion Virginia Beach Arts Center Annual Members Show April 12, 1981 Pavilion Virginia Restaurant Assoc- Trade Show April 26, 1981 Pavilion Sales and Marketing Executives Home Sh6w May 3, 1981 Pavilion Wornom's Arts and Crafts Show - 31- May 10, 1981 Pavilion Tidewater Recreation Equipment Show May 24, 1981 Pavilion Big Flea Market BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above-mentioned events are exempt from the prohibition of working or transacting business on Sunday as provided by general law. That the City Clerk is directed to forward a certified copy of this Ordinance to the Commonwealths' Attorney. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of _ -1 1980. DEFERRED ONE WEEK: 6 October 1980 Upon motion by Councilman Standing, seconded by Councilman Merrick, City Council voted to DEFER FOR ONE WEEK the Ordinance authorizing certain events conducted on City property to be exempt from the prohibition from working or transacting business on Sundays. Deferral is to permit review of the proposed exemptions. Voting: 9-0 3 2- Council Members Voting Aye: (for deferral) John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 3 3- C I T Y C 0 D E A M E N D M E N T S 0 R D I N A N C E S ITEM II-J.l.a ITEM #15685 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE V-A OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO THE DEPARTMENT OF FIRE PROTECTION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article V-A of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 2-57. Composition. The Department of Fire Protection shall be composed of the fire companies located throughout the City, headed by a Chief of Fire Protection. Section 2-58. Fire companies-Composition. The fire companies shall consist of officers, employees, volunteers and members shall be provided by the City Manager or the Chief of Fire Protection. Section 2-59. Same-Area to be served. The fire companies shall serve such areas as shall be designated by the Chief of Fire Protection. Section 2-60. Same-Rules and Regulations. The Chief of Fire Protection, with the approval of the City Manager, shall make rules and regulations concerning the operation of the Department, conduct of officers, employees and members thereof, their uniforms, equipment, training and procedures. Section 2-61. Composition of volunteer fire companies in City. Each volunteer fire company within the City shall consist of officers and members as are provided for in their Bylaws and the provisions of this 3 4 - except that no position will be in conflict with the fire protection rules and regulations established by the C Manager and Chief of Fire Protection. No rules or regulations of volunteer companies will conf lict @ith the rules and regulations established by Section 2-60. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of October, 1980. This Ordinance shall be effective from date of its adoption. - 3 5- AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-57.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO BACKGROUND INVESTIGATIONS OF APPLICANTS TO THE DEPARTMENT OF FIRE PROTECTION BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-57.1 of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 2-57.1. Background investigations of applicants. In order to determine if any past criminal conduct of any applicant to the Department of Fire Protection would be compatible with the nature of the position under consideration, the following procedure shall be followed: (a) Each applicant to the Department of Fire Protection shall furnish a classifiable set of fingerprints to the Department of Police. (b) The Chief of Police and members of the Department of Police acting in his name, and the Chief of Fire Protection or an investigator designated by the Chief of Fire Protection within the Department of Fire Protection, are authorized to conduct a field investigation and directed to conduct criminal record checks on each applicant for employment by the Department of Fire Protection. (c) The Chief of Police or a member of the Police Department acting on his bebalf, or an investigator designated by the Fire Chief within the Department of Fire Protection, shall prepare a factual summary of the background investigation and criminal records check of each fire- fighter applicant and transmit such summary to the Fire Chief for the purpose of determining the fitness of an applicant. (d) Background investigations and records checks include records of all arrests and dispositions as an adult. Records of arrests and dispositions, while an applicant was considered a juvenile, shall be transmitted only 3 6 - when authorized by Court Order, Court Rule, Court decision, Federal regulation or State Statute authorizing such dissemination. (e) Criminal history records and information shall include arrest and disposition data on file in the National Crime Information Center, the Federal Bureau of Investigation, the Dep artment of De f en se and all other Federal, State and Local Law Enforcement Agencies. (f) Any applicant to the Department of Fire Protection who is deniedemployment on the basis of the investigation summary referred to in this Section may inspect that summary for the purpose of clarifying, explaining or denying the accuracy of its contents. (g) The Chief of Police and members of the Police Department shall make no other dissemination to the Fire Chief regarding the fitness of firefighter applicants, except in the official summary report referred to in this Sec t ion . (b) Use of criminal history record information disseminated to the Fire Chief shall be limited to the purpose for which it was given and may not be disseminated further. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of October, 1980. Upon motion by Councilman Holland, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinances to amend and reordain Article V-A of the City Code pertaining to the Department of Fire Protection; AND, the Ordinance to amend and reordain Section 2-57.1 of the Code of the City of Virginia Beach pertaining to background investigations of ap@licants to the Department of Fire Protection. 3 7- Voting: 8-1 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. 3 8- ITEM II-J.l.b ITEM #15686 Upon motion by Councilman Standing, seconded by Councilan Merrick, to DEFER FOR ONE WEEK the Orainance to amend Article VII f the City Code by Adding Section 2-85.3 establishing and authorizing relocation payments relating to real property for acquisition for City road projects. Due to errors in the numbering, the City Attorney requested the deferral of one week. Voting: 9-0 Council Members Voting Aye: (for deferral) John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, 1II, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 3 9- Requested by Public Works Department -- Real Estate AN ORDINANCE TO AMEND ARTICLE VII OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING SECTION 2-85.3 ESTABLISHING AND AUTHORIZING RELOCATION PAYMENTS RELATING TO REAL PROPERTY ACQUISITION FOR CITY ROAD PROJECTS WHEREAS, the Code of Virginia, Title 15.1, Chapter 18 confers on and vests in Cities certain general powers relevant to and which are necessary or desirable to secure and promote the general welfare of the inhabitants of the municipality; and, WHEREAS, the Council of the City of Virginia Beach, Virginia, desires to establish a uniform policy for the treatment of persons dis- placed as a result of road programs or projects involving the acquisition of real property; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 2-85.3. Establish and Authorize Relocation Payments Relating To Real Property Acquisition for City Road Projects. (1) Intent. This Ordinance is enacted to establish a uniform policy for treatment of persons displaced as a result of road programs or projects involving the acquisition of real pro- perty therefor. (2) Purpose and Applicability. (a) Purpose. In order to acquire the rights-of-way necessary for the construction, reconstruction, maintenance and repair of the public roads of the City, it often becomes necessary for individuals, businesses, farms and non-profit organizations to be displaced. To insure to the maximum extent possible the equitable treatment of these displacees, it is necessary for a uniform policy to be established for making moving cost payments, replacement housing cost payments and other expense payments so that these individuals will not suffer disproport- ionate injuries as a result of the road improvement programs 10/06!80 - 40- which are necessary or desirable to secure and promote the general welfare of the inhabitants of the municipality. The main objective of this Ordinance is to provide payments to be made to those who are required to relocate, in whole or in part,'for costs incurred for moving, replacement housing and certain other expenses because of City road programs and projects. (b) Applicability. (1) The provisions of this Ordinance are applicable to any person who is displaced by any City road project on which State or Federal funds are not used or for which State or Federal funds do not become available before or after the City road project is approved and funded. (2) This Ordinance shall not apply for acquisitions by a City agency which are voluntarily initiated or negotiated by the seller under no threat of condemnation, where pro- perty is dedicated pursuant to provisions of Chater 22 (Sec. 15.1-427, et seq.) of Title 15.1, or where property is voluntarily dedicated or donated for no consideration, provided, however, that the provisions of this Ordinance relating to relocation payments shall apply for the benefit of persons, other than the owner, who are actually and lawfully occupying the real property to be acquired and who have been occupants thereof for at least ninety (90) days prior to the initiation of negotiations for acquisition. (3) Definitions -- as used in this Ordinance the term: (a) "City Agency" means any Department of the City. (b) "Person" means any individual, partnership, corporation or association. (c) "Displaced person" means any person who, on or after July 1, 1980, moves from any real property or moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, as a result of the written order of an acquiring City agency - 41- to vacate real property, for any road program or project undertaken by a City agency. (d) "Business" means any lawful activity, excepting a farm operation, conducted primarily; (1) For the purchase, sale, lease and rental of personal and real property and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (2) For the sale of services to the public; (3) By a nonprofit organization. (e) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. The term "contributing materially" used in this definition means the farm operation must contribute at least one-third of the operator's income. (f) "Initiation of Negotiation for a Parcel" means the date the City agency makes the first personal contact with the owner of a parcel of property to be acquired or by his designated representative to give him a written offer for the property to be acquired. (4) Payments for moving and relocation expenses. (a) Whenever the acquisition of real property for a road program or project by a City agency will result in the displacement of any person, on or after July 1, 1980, such agency shall make fair and equitable relocation payments to displaced persons as required by this Ordinance for: (1) Actual reasonable expenses in moving himself, his family, business, farm operation, or other personal pro- per'ty, but not in excess of Three Hundred Dollars ($300.00). (b) Any displaced person eligible for payments under Subsection (a) of this Section who is displaced from his place of business or from his farm operation and who elects - 4 2- to accept the payment authorized bY this Subsection in lieu of the payment authorized by Subsection (a) of this Section, may received a f ixed payment in the amount equal to the average annual net earnings of the business or farm operation, except such payment shall not be less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Ten Thousand Dollars ($10,000.00). In the case of a business no payment shall be made under this Subsection unless the City agency is satisfied that the business; (1) cannot be relocated without a substantial loss of its existing patronage; and, (2) is not a part of a commercial enterprise having at least one other establishment not being acquired by the City Agency, which is engaged in the same or similar business. For the purpose of this Subsection the term "average net earnings" means one-half (1/2) of any net earnings of the business or farm operation, before Federal and State income taxes, during the two (2) taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property acquired for such project, or during such other period as such agency determines to be more equitable for establishing such earnings, includes some compensation paid by the business or farm operation to the owner, his spouse or his dependents during such period; (5) Additional payments to enable displaced persons to acquire dwellings. (a) In addition to payments otherwise authorized by this Ordinance the City agency shall make additional payments not in excess of Fifteen Thousand Dollars ($15,000.00) to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than one hundred and eighty (180) days prior to the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following elements: (1) The amount, if any, which when added to tbe acquisition cost of the dwelling acquired, equals the reasonable cost of a comparable replacing dwelling. -- 4 3- (2) Reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing c-osts incident to the purchase of the replacement dwelling; (b) The additional payment authorized by this Section shall be made only to such displaced person who purchases and occupies a replacement dwelling not later than the end of one (1) year period beginning on the date on which he receives final payment of all costs of the acquired dwelling, whichever is the later date. (6) Additional payments to certain persons not eligible for payments under Number 5 of this Section. In addition to amounts otherwise authorized by this Ordinance, a City agency shall make payment to or for any displaced person displaced from any dwelling not eligible to receive payment, under Number 5 of this Section, which dwelling was actually and lawfully occupied by such displaced person not less than ninety (90) days prior to initiations for acquisition of such dwelling. Such payment shall be the amount necessary to enable such displaced person to lease or rent for a period not to exceed one (1) year a dwelling adequate to accommodate such person, but not to exceed One Thousand Dollars ($1,000.00). (7) Funds for carrying out provisions of Ordinance. Funds appropriated or otherwise available to any City Agency for the acquisition of real property or any interest therein for a road program or project shall be available also for obligation and expenditure to carry out the provisions of this Ordinance as applied to that program or project. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 981 DEFERRED BY CITY COUNCIL: 6 October 1980 - 44 - ITEM II-J.l.c ITEM #15687 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance establishing rates to be charged for the use of the services and facilities of the Pavilion. Voting: 9- 0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 4 5- Requested by: City Manager/Economic Development AN ORDINANCE ESTABLISHING RATES TO BE CHARGED FOR THE USE OF THE SERVICES AND FACILITIES OF THE PAVILION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Section A. The following per day rates are hereby established for the use of the facilities of the Pavilion on a "four walled" basis including normal utility and custodial services: BASE RENT MULTIPLE MOVE-IN/ DISCOUNT TOTAL/ PERFOR- MOVE-OUT % OF TO QUAL. AREA SECTION MANCE DISCOUNT GATE ORGAN. Theatre $250 $350 50%5 10%4 30%6 Convention $1200/$240 N/A 50%5 10%4 30%6 Hall Meeting $ 1 50/ $ 20 N/A 50%5 10%4 30% 6 Rooms Board Room $ 1 0 O/ $ 50 N/A 50 % 5 10 %4 30 %6 & Lounge Rehearsal N/A N/A 30%6 Hal,2 & 7 1. Rent for any space not covered herein shall be computed at $.02 per gross square foot per day subject to discount provisions included herein. 2. Rehearsals in the Rehearsal Hall are rent-exempt when the Theatre is leased for the presentation of an attraction. 3. Conventions, other than trade shows, which meet a minimum overnight-housing requirement of one thousand (1,000) rooms, involving the use of two (2) or more Virginia Beach properties shall be exempt from base rent for all regular conference activities. Room reservations must be coordinated through the Virginia Beach Convention Bureau. Conventions not meeting the above prerequisites shall be subject to the discount rate specified in note 6. Trade shows shall be subject to normal rental charges specified herein. - 4 6- 4. "Percentage of gate" applies to commercial productions and is computed on gate proceeds less amusement tax. 5. The move-in/move-out rate shall be 50% of applicable daily rent.- Shows scheduled for four (4) or more "show days" shall receive one (1) free move-in and move-out day whenever scheduling permits. 6. A single 30% discount, computed to the nearest five dollar ($5.00) increment shall be applied to the following situations: (a) Events sponsored by civic and charitable organizations which are based in Virginia Beach and are totally nonprofit in purpose and which are exempt from taxation under Section 501(c)(3) and Section 501 (c) (4) of the Internal Revenue Code of 1 954, as amended The sponsoring organization must have existed within the City of Virginia Beach for six (6) months prior to the time of booking. The sponsoring organization must furnish, upon request, evidence of incorporation or association within the State of Virginia as such a nonprofit entity; (b) Conventions not meeting the housing requirements specified in note 3; (c) Federal or State Government programs; and, (d) Events which are scheduled Monday through Friday (holidays excluded) betwen the hours of 9:00 a.m. and 5:00 p.m. (move-in set-up, tear-down, and move-out must be included within these hours). 7. Users of the Theatre Rehearsal Hall, exclusive of the Theatre, shall be charged Thirty Dollars ($30.00) per day. Section B. The City Manager or his designated agent is hereby authorized to establish, from time to time, rates to be charged with respect to the use of equipment and services, including labor provided by the Pavilion. Section C. The City Manager or his designated agent is hereby authorized to suspend or amend the rates set forth herein in connection with the use of the Pavilion by fona fide and/or charitable organizations where such use will inure to the cultural and civic betterment of the citizens of the City and to otherwise negotiate rates in situations not expressly covered herein or where such other negotiated rates are deemed to be in the best interest of the City. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of October, 1980 - 4 7- F I R S T R E A D I N G ITEM Il-J.2.a ITEM #15688 AN ORDINANCE TO APPROPRIATE FUNDS OF $125,000 FOR THE MARINE SCIENCE MUSEUM WHEREAS, the City of Virginia Beach desires a Museum of Marine Science; and, WHEREAS, the General Assembly has provided funding of $125,000 in the first year of the 1981-1982 Biennium to assist in such a purpose; and, WHEREAS, this funding requires no local match and will provide for the following Fiscal Year 1981 Operating expenses: Personal Services $ 42,152 (One full-time position One part-time position) Fringe Benef its 4 , 0 90 Contractual Services 75,958 Other Charges 1,800 Capital Outlay 1,000 Total $125,000 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGLNIA, that funds of $125,000 be appropriated to the General Improvements Capital Projects Fund for the above Fiscal Year 1981 Operating expenses of the Marine Science Museum. BE IT FURTHER ORDAINED THAT estimated revenues from the Commonwealth be increased by $125,000 to finance this appropriation. FIRST READING: 6 October 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. -4 8- Upon motion by Councilman Holland, seconded by Councilman Merrick, City Council vot-ed to uphold the recommendation of the City Manager and APPROVE on FIRST READING the Ordinance to appropriate funds of $125,000 for the Marine Science Museum. Voting: 8-1 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Clarence A. Holland, W. H. Kitcbin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Barbara M. Henley Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 4 9- B I D S ITEM II-J.3.a ITEM #15689 The following bids have been received for the Rudee Inlet Sand Trap Dredging: Cottrell Engineering Corp. $295,000.00 Norfolk Dredging Company $302,700.00 Engineer's Estimate $302,500.00 Upon motion by Councilman Merrick, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Cottrell Engineering Corporation, in the amount of $295,000. for the Rudee Inlet Sand Trap Dredging; AND, authorized the City Manager to enter into the necessary agreements to implement this project. Voting: 9-0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 50 - ITEM II-J.3.b ITEM #15690 The following bids have been received for the Indian River Road Water Main (CIP 5-709) and the Kempsville Road Water Main (CIP 5-908): Utility Builders, lnc. $423,160.12 M. E. Wilkins, Inc. $433,664.43 Suburban Grading & Utilities, Inc. $488,572.60 A & W Contractors $497,935.35 Warbler Construction Company $503,179.00 Carter-Bell Corporation $527,020.00 Vico Construction Corporation $532,325.90 Floyd B. Smith Contracting $533,884.75 Major T. Archbell, Inc. $547,395.70 A. Stanley Mundy & Company $552,194.70 Engineer's Estimate $768,842.50 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Utility Builders, Inc., in the amount of $423,160.12, for the Indian River Road Water Main (CIP 5-709) and the Kempsville Road Water Main (CIP 5-908); AND, authorized the City Manager to enter into the necessary agreements for the implementation of this project. Funds are available. Voting: 9- 0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 51- E N C R 0 A C H M E N T S ITEM 11-J.4.a ITEM #15691 Upon motion by Councilman Merrick, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance to authorize a temporary encroachment into a portion of the right-of-way of North Great Neck Road to Point O' Woods Civic League; subject to the following conditions: 1. The signs shall be erected in accordance with the Department of Public Work's specifications as to size, alignment, and location. 2. This encroachment shall terminate upon notice by the City and within ten (10) days after such notice is given, the sign shall be removed and the Point O' Woods Civic League shall bear all costs and expenses of removal. 3. The City shall be held harmless of any and all liabilities resulting from this encroachment. 4. The encroachment Ordinance shall not be in effect until an agreement encompassing the above conditions is executed. Voting: 9- 0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 52- Requested by: Public Works Department AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF NORTH GREAT NECK ROAD TO POINT O' WOODS CIVIC LEAGUE 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, the Point 01 Woods Civic League is authorized to erect and maintain a temporary encroachment into a portion of the City right-of-way of North Great Neck Road. That the temporary encroachment herein authorized is for the purpose of erecting a community identification sign and that said sign shall be erected in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as North Great Neck Road, designated on that certain plat entitled: "Plat Showing Right-Of- Way Encroachment Into A Portion Of Great Neck Road," dated July 24, 1980, a copy of which is attached hereto 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 any officer of Point O' Woods Civic League and that within ten (10) days after such notice is given, said sign shall be removed from the City Right-Of-Way of North Great Neck Road by the Point O' Woods Civic League, and that Point O' Woods Civic League shall bear all costs and expenses of such removal; and, PROVIDED, FURTHER, that it is expressly understood and agreed that the Point O' Woods Civic League 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, - 5 3- in case it shall be necessary to file or defend an action arising out of the location or existence of such sign; and, PROVIDED, FURTHER, that this Ordinance shall not be in effect until such time that the Point O' Woods Civic League executes an agree- ment with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of October, 1980 APPI?OVED-. 54- DATE IRECTOR OF PUSYC WORKS,CITY OF VIRGINIA BEACH, VIENZ SIGNED: S -DATE: 6, -1 -,so SUPERINTENDENT OF @YS 0-d MAPPING,CITY OF VIRGINIA BEACH,VIRGINIA NUAP Scoie:i"2640 NOTE(l):PROPERTY LINE INFORMATION TAKEN FROM MAP BOOK 57page28. DENOTES RIGHT-OF-WAY ENCF?Q4CHMEIVT AREA z 24 sq. ft. w Cd N 35'23'38"W t- r :w em CY L -2-00' S35023'38"E INSERT NOT TO SCALE CHICKEN VALLEY (50'Rlw) ROAD N 54'36 4'16'00'W 8.66 1. v C) SEE INSERT@, NOW OR FORMERLY GERALD W a NANCY S. CLARK ct -o D.B. 1341p. 136 M.B. 57P. 28 cc POINT O'WOODS SEC. 3 LOT 12 BLOCK 'K' cc PLAT SHO'@,'I@@G RIGHT-CF-WAY ENCROACHIV@IENT INTO A PORTION OF GREAT NECK ROAD GRANTED TO POINT O' T,,IOODS Cl@tl(; LEAGUE KEMPSVILLE BOROUGH VIRI-INIA BEACH, VIRGINIA Scole .' I "= 2 5' JL)LY 241 1980 BUREAU OF SUQVEYS und AIAPPING ENGINEEH;tJG D!VISION I - 55- ITEM II-J.4.b ITEM #15692 Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance to authorize a temporary encroachment into a portion of the right-of -way of Locke Lane to Fair f ield Civic League ; subject to the following conditions; 1. The sign shall be erected in accordance with the Department of Public Work's specifications as to size, alignment, and location. 2. This encroachment shall terminate upon notice by the City and within ten (10) days after such notice is given, the sign shall be removed and the Fairfield Civic League shall bear all costs and expenses of removal. 3. The City shall be held harmless of any and all liabilities resulting from this encroachment. 4. The encroachment Ordinance shall not be in effect until an agreement encompassing the above conditions is executed. Voting: 9-0 Council Members Voting Aye; John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. - 56- Requested by: Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF LOCKE LANE TO FAIRFIELD CIVIC LEAGUE 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, the Fairfield Civic League is authorized to erect and maintain a temporary encroachment into a portion of the City right-of-way of Locke Lane. That the temporary encroachment herein authorized is for the purpose of erecting a community identification sign and that said sign shall be erected in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a partion of the City's Right-Of-Way known as Locke Lane, designated on that certain plat entitled: "Plat Showing Right-of-Way Encroachment Into A Portion Of Locke Lane," dated July 22, 1980, a copy of which is attached herewit@ 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 any officer of Fairfield Civic League and that within ten (10) days after such notice is given, said sign shall be removed from the City right-of-way of Locke Lane by the Fairfield Civic League, and that the Fairfield Civic League shall bear all costs and expenses of such removal; and, PROVIDED FURTHER, that it is expressly understood and agreed that the Fairfield Civic League 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 - 5 7- fees, in case it shall be necessary to file or defend an action arising out of the location or existence of such sign; and, PROVIDED FURTHER, that this Ordinance shall not be in effect until such time that the Fairfield Civic League executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of October, 1980. 5 8- DA T E' IRFCTC;F, Oi PLiBL@c 1/2,oRKS,CITY OF VIRGit4lA BEACH, VIRt,'@'IA S!G&'ED DATE: is 1 cts5 0 SUPERiNTENDENT OF SURVEYS .@d t,!APPING,CITY OF VIRGINIA BEACH, VIRGINIA NOTE (1).-rHIS PL:AT )S INTENDED FOR ACOUISITION ONLY AND DOES NOT CONSTITUTE A 8001@'DARY SURVEY. LOCATION MAP Sca)e: i" 26401 NOTE(?) PROPERTY LINE INFORMATION TAKEN FROM MAP BOOK i38 page 2Z DENOTES RIGHT-OF-WAY ENCROACHMENT AREA - 84 sq. f f. FAIRFIELD SEC. II BLOCK G LOT 25 rn S 6.9'13'1 14.00 BACK OF CURS N20'46 49"E S 20'46'49" W MEi)IAN ISLAND 6.00' L- 6. ()O' r- N 69 '13'11'WI 14. 00' ::o LOCKE (80'Rlw) LANE a: rn (F. PIN) (FPIN) 0 w EXISTING RIW 466.79' field EXISt)NG 15' UTILrry EASEmEArT (F.P$N) NOW OR FORMERLY r) KEMPSVILLE PRESBYTERIAN CHURCH D. B. 1961 p. 759 at M.B,118 p. 16 PLAT SHO',i'ING RIGHT-CF-I'IAY ENCROACHMENT INTO A PORTION OF L 0 C ['%E L t"i I A G,,-NTED TO CIVIC Ll-:AC-UE KEt.',DSVIL-LE OCRC)VGH VIi.-I"@'/A BEACPII VIRGINIA Scole : I "= 25 JULY 2 21 1980 SURC-AU C.'-- SLIR-@VEYS and @!APPIIVG L)IVISIDN - -5 9- 0 L D B U S I N E S S ITEM II-K.1 ITEM #15693 Acting Mayor Heischober advised Council that the matter of the closure of Mailbox Lane was discussed in the INFORMAL SESSION, (October 6, 1980), and during the meeting of 22 September 1980. For clarification, he called upon the City Attorney to outline wbat is proposed. City Attorney: "Last week I received a call from Mr. Rhodes, who I believe talked to or either represents Mr. Lemon concerning this street closure. We went over the Plat, and so forth,, and there was some question raised whetber you could actually close this street since the intersection is a public right-of-way, and may have to go by way of Plat Vacation, which is just another alternative. If he does petition to vacate the Plat then, of course, you could not take any action on it until he does come forward. The only action that could possibly exist today would be direct@ion to the City Manager not to continue with the project. But the Council, in my opinion, should wait until the Petition for the Plat Vacation is in front of them before they actually vacalle the street or the Plat, whichever is most appropriate." I Mr. Robert R. Lemon appeared before Council, and presented a letter from Charles E. Hughes, Jr., resident on Susquehanna Drive, concerning this matter. A copy of the letter has been made a part of these minutes. Upon motion by Councilman Standing, seconded by Councilman Baum, City Council voted to direct the City Manager to advise the contractor to continue with the project that has been bid: Voting: 6- 3 10 /6/80 -60- Council Me@bers Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan, Donald W. Merrick, and Meyera E. Oberndorf Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. 10/6/80 -61 - ITEM II-K.2 ITEM #15694 The City Manager advised Council the City has agreed to defer the improvements on the property of Harry Jeavons until the property was developed. The improvements on the property will consist of: curb and gutter on the road with the greatest amount of curb and gutter, instead of both roads; bringing the street over to the existing curb and gutter and NOT widening the entire lane. The City Manager further advised the matter has been explained to Mr. Jeavons satisfactorily. Upon motion by Councilman Merrick, seconded by Councilman Standing, City Council voted to DEFER FOR ONE WEEK the action on the Subdivision Variance request of Harry Jeavons in order to receive a report from the City Manager; and, discuss the matter with the applicant as to his satisfaction over the decision by the City Staff . Voting: 9-0 Council Members Voting Aye: John A. Baum, Acting Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin, and Mayor J. Henry McCoy, Jr. -6 2- ITEM II-K.3 ITEM #15695 Councilwoman Henley advised Council, for informational purposes only, that at the last Planning Commission hearing several of the Commissioners indicated they were not pleased with the Disclosure Ordinance. Councilwoman Henley advised the Commissioners that what comments they had about the Ordinance should be brought to the attention of the full Council. ITEM II-K.4 ITEM #15696 Councilwoman Henley suggested to Council that instead of receiving all of the Wetlands Board applications just receive the one page Agenda of the Board. N E W B U S I N E S S ITEM II-L.1 ITEM #15697 Mrs. Kitty Hudgins appeared before Council concerned with vandalism in the Great Neck Road area. Councilwoman Oberndorf advised Mrs. Hudgins of the Neighborhood Watch Program sponsored by the Virginia Beach Police Department, and under the direction of Sargeant Ernie Rorer. Councilwoman Oberndorf further advised Mrs. Hudgins that the Crime Prevention Steering Committee was going to hold its first Public Safety Quorum on November 20, 1980, in the Recreation Center on Monmouth Lane. ITEM II-L.2 ITEM #15698 Councilman Holland advised Council that the Virginia Municipal League awarded to the City of Virginia Beach an Achievement Award in Effective Government. - 6 3- ITEM II-L.3 ITEM #15699 Councilman Holland Advised Council his Committee was successful in including in the Municipal League's Legislative Program the support from the League legislation which would provide for appropriate allocations of water resources on a State-wide basis. ITEM II-L.4 TTEM #15700 Councilman Holland advised Council of a Bill being introduced by the Virginia Municipal League whereby Localities accept Federal payment in lieu of taxes, which would cost the Government approximately $1.3 Million. A D J 0 U R N M E N T ITEM II-M.1 ITEM #15701 Upon motion by Councilman Baum, seconded by Councilman Holland, and by ACCLAMATION, the meeting adjourned at 4:15 p.m. Diane M. Hickman, Deputy City Clerk Ruth Hodges 5mith, City Clerk Acting Mayor Hatold Heischober City of Virginia Beach, Virgin,ia 4 6 October 1980 dmh/mas