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HomeMy WebLinkAboutJUNE 23, 1980 MINUTES CITY OF VIRGINII BEICI MUNICIPAL CENTER "(-Wc@L CR.W%T city- VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, A, L.,g@ CLARENCE A. HOLLAND, M.D., B.y@d@ B.@.gb VICE MAYOR J. HENRY M,COY JR , D. D.S., K,.p.@ill@ B.,..gh DONALD W, MERRICK, Ly..h.... B.,..gh JOHN A@ BAUM, B.@.gb MEYERA E. OBERNDORF, At L.,g, F. REID ERVIN, A, L.,g. J. CURTIS PAYNE, P,i.@.@@ A... B.@.gb GEORGE R. FERRELL, At L.,g@ ROGER L. RIGGS, Vigi@i. B@.@h B.@.gh BARBARA M. HENLEY, P-g. B.@.gb RUTH HODGES SMITH, City Cl.,k CITY COUNCIL AGENDA 1TEM I INFORMAL SESSION: MONDAY, 23 JUNE 1980 - 5:30 p.m- A. CALL TO ORDER - MAYOR RATRICK L. STANDING B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS: 1. Rosemont Road Water Tower - Agreement with Clark Whitehill 'Eompany: Discussion of proposal to locate tower at Holland Road Ball Park Site. 2. Charging@Off Uncollectible Accounts: Discussion of item on -Tormal agenda 3. Peppertree Plaza - Housing for the Elderly: Request for si- multaneous advertising for Planning Commission and City Council. ITEM II FORMAL SESSION: MONDAY, 23 Juile 1980 - 7:00 p.m. A. INVOCATION: Reverend Robert C. Bradford, Jr. Pastor Thalia Trinity Presbyterian Church B. PLEDGE OF ALLEGIANCE C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of 16 June 1980 ITEM II E. RESOLUTIONS: 1. Resolution authorizing the City Treasurer to charge-off $15,594.91 as uncollectible accounts and remove this amount from the city's records. F. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Ordinance to amend Section 2-37 (b) of the Code of the City of Virginia Beach, pertaining to demotions. 2. Applications for Certificates of Public Convenience and Neces- sity for operation of a Public Vehicle in the City of Virginia Beach: Bayside Taxi, Incorporated Coastal Cab and Beach Taxi, Inc. Diamond Taxi Yellow Cab Company 3. Resolution authorizing the City Manager to execute an applica- tion for a permit issued by the Virginia Marine Resources Com- mission to the City of Virginia Beach to widen and improve the bridge over London Bridge Creek for the Lynnhaven Parkway Phase IV Project. 4. Ordinance authorizing the City Manager to execute an a@.reement conveying a 10 foot right-of-way easement across the property at the Rose Hall Complex to the Chesapeake and Potomac Telephone Company of Virginia. 5. Resolution authorizing the City Manager to amend the Community Development Housing Assistance Plan to conform with the City of Virginia Beach Land Use Plan (Deferred for one week on June 16, 1980). a. City Manager recommends indefinite deferral of this amend- ment. 6. Request of the Commissioner of Revenue for license refunds in the amount of $2,585.37. 7. Request of the City Treasurer for tax refunds in theanount of $994.40. ITEM II F. CONSENT AGENDA (continued) 8. Ordinance to appropriate funds, in the amount of $55,000, on SECOND READING, to extend a specialized Mental Health Grant for emotionally handicapped students. 9. Ordinance to appropriate funds, in the amount of $432,000, on SECOND READING, for the Tidewater Virginia Alcohoi Safety Act- ion Program (TVASAP). G. PLANNING ITEMS 1. RECONSIDERATIONS a. Upon Court order, Application of National Pride Equipment Company, Inc., for a conditional use permit for a self- service car wash on a .48 acre parcel located at the south- east intersection of Brady Court and South Witchduck Road (Kempsville Borough). 2. DEFERRED ITEMS a. Deferred for 30 days on April 21, 1980 and for an additional 30 days on May 19, 1980. Application of Henry A. Shook for a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the CZO. He wishes to subdivide a 1.18 acre site, located at the northwest intersection of Bay Colony Drive and Hill Road, into two lots. 1. Letter from the City Manager transmitting the recommenda- tion of the Planning Commissionfor approval. 3. NEW APPLICATIONS a. Application of CH & B Associates for a variance to Section 4.4.(b) of the Subdivision Ordinance which requires lot dimen- sions to conform to the CZO. This 1.29 acre site is located on the north side of Adam Keeling Road, west of Great Neck Road. This site currently consists of two lots, which if re- subdivided as proposed, would remain as two lots. 1. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for approval. ITEM II G. PLANNING ITEMS (continued) 3. NEW APPLICATIONS (continued) b. Application of Robert G. and Jean D. Young for a change of zoning from R-6 Residential District to 0-1 Office District on a 2.11 acre parcel located on the south side of Bonney Road, east of South Witchduck Road (Kempsville Borough). 1. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for denial. c. Application of Shirley A. Buckner and Sterling S. Montgomery for a change of zoning from R-8 Residential District to B-2 Community Business District on a 10.145 acre parcel located between Princess Anne Road and Salem Roads, south of Corner Road (Kempsville Borough). 1. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for approval. d. Application of Gus Riganto, T/A Caesar's, and Make Xystrou, T/A Honey Bee Pancakes, for a conditional use permit for a parking lot on a .533 -acre parcel located at the southeast corner of 24th Street and Atlantic Avenue (Virginia Beach Borough). 1. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for approval. e. Application of David W. Howell for a conditional use permit for a home occupation (musical instrument repair) on a .23 acre parcel located on the west side of Lamplight Lane, north of Ole Towne Lane (Princess Anne Borough). 1. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for approval. f. Application of John A. Bilotta, Jr. and Mariann O'Brien for a conditional use permit for a home occupation (teaching ceramics) on a .18 acre parcel located on the west side of South Plaza Trail, south of Boyd Road (Lynnhaven Borough). 1. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for denial. ITEM II G. PLANNING ITEMS (continued) 4. ORDINANCES a. Ordinance to amend and reordain Article 1, Section 104 of the CZO pertaining to violations and penalties; AND, an Ordinance to amend and reordain Section 10.1 of the Subdivision Ordinance pertaining to penalties. 1. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval. b. Ordinance to amend and reordain Article 16 of the CZO of the City of Virginia Beach by adding the Coastal Primary Sand Dune Ordinance and by repealing Ordinance No. 931 known as the Coastline Management Ordinance effective July 1, 1980. 1. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval. C. Ordinance for the closure of two portions of the Holland Road Curve (Princess Anne Borough). This closure consists of several parcels of unimproved right-of-way totaling .353 acres, located north of Princess Anne Road. 1. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval. H. ORDINANCES 1. APPROPRIATIONS a. First Readings 1. Ordinance to provide an additional Correctional Officer in the Cheriff's Office and to appropriate $8,784 for this position. 2. Ordinance to accept funds totaling $23,792 from the Virginia Housing Development Authority and to appropriate these funds. 3. Ordinance to increase the advance from General Fund to the Print Shop Internal Service Funds by $25,000. 4. Ordinance to increase appropriations and estimated revenues in the water and sewer fund by $867,240. b. Transfer of funds 1. Ordinance to transfer funds of $29,690 for the purchase of a Disc Scanner and an Interactive Software Package. ITEM II H. ORDINANCES 1. APPROPRIATIONS (continued) C. Bids 1. Low bids for the Green Run-Aragona-Princess Anne Sanitary Sewer Facilities Low bid of Crowder Contracting Company, Inc., in the amount of $148,950.00 for Pump Station 36-A, 74-A 92-A; AND, Low bid of Luke Construction Company, Inc., in the amount of $20,000.00 for Pump Station 21-C and 35-c; AND, Low bid of Crowder Contracting Company, Inc., in the amount of $88,800.00 for Pump Station 39-C; AND, Low bid of Woodington Electrick Inc., in the amount of $53,337.00 for Pump Station 19-C and 29-C; AND, Low bid of A & W Contractors, Inc., in the amount of $92,208.70 for the Bow Creek Force Main; AND, further authorize the City Manager to accept the low bidders and to enter into the necessary agreements for the implementation of these projects. 2. Low bid of M. E. Wilkins, Inc., in the amount of $112,997.58, for the Bradford Terrace Sanitary Sewer Facilities; AND, authorize the City Manager to enter into the necessary agreements fol the implementation of this project. 2. CODE AMENDMENTS a. Ordinance to amend Section 37-33 of the Code of the City of Virginia Beach, relating to water usage rates . b. Ordinance to amend and reordain Chapter 7 of the Code of the City of Virginia Beach by adding thereto Article V pertaining to moped rental businesses; AND, an Ordinance to amend and reordain Section 29-59.2 of the Code of the City of Virginia Beach pertaining to insurance required for certain vehicle rental businesses. ITEM II H. ORDINANCES (continued) 2. CODE ABIENDMENTS C. Ordinance to amend and reordain Section 13 of the Ordinance dated March 15, 1975 reiating to Cable Television Franchise. I. APPOINTMENTS TO BOARDS AND COMMISSIONS (All terms expire June 30, 1980) 1. Citizens Advisory Committee of Housing and Community Development 2. Mayor's Committee on Aging 3. Minimum Housing Board of Appeals 4. Social Services Board 5. Southeastern Virginia Planning District Commission J. OLD BUSINESS K. NEW BUSINESS L. ADJOURNMENT 1. Motion to adjourn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 23 June 1980 The Re gul ar Meeti ng of the Counci I of the City of Vi rgi n i a Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Con fe re nce Room, in the Admi n is tration Bui 1 di ng , on Monday, 23 June 1980, at five-thirty o'clock in the evening. Council Members Present: John A. Saum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Absent: Vice Mayor J. Henry McCoy, Jr.*, and Meyera E. Oberndorf** ITEM #15264 Mayor Standing entertained a motion to permit Council to conduct its IN FORMAL SESSION to be fol I owed by an EXE CUTIVE SESSION for the purpose of discus s 1 ng the fol 1 owi ng : 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, s al ari es, dis ci pl ine or res i gnati on of pub l ic officers, or employees of any public body. (Personnel tlattprs). 2 . I nvesti ng of pub l ic fun ds where competi ti on or bargaining are involved where, if made public initially, the financial interest of the governing body 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). Upon motion by Councilman Ferrell, seconded by Councilman Holland, City Co unci I voted to proceed into the EXE CUTIVE SESSION fol low i ng t h eINFORMAL SESSION. -3/80 6/@ 2 - Vot i ng 9 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Vice Mayor J. Henry McCoy, Jr., and Meyera E. Oberndorf **COUN C I LWOMAN O BERN DO R F EN TE RED MEETIN G AT 5 :32 p . m . *VICE MAYOR MCCOY ENTERED MEETING AT 5:33 p.m. 0 6/23/80 - 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 #15265 Coun c il man Riggs reques ted i nformat ion f rom the Ci ty Manager regardi ng t he port rai t of P rincess Anne , p resented to Coun ci 1 by Judge Edw in Kellam and family. Councilman Riggs suggested the City Manager consider placing the portrait of Princess Anne in the new Pavilion, under glass, for the citizens of Virginia Beach and the visitors who come to this City each year. The City Manager advised Council that the painting was extremely valuable and for that reason was placed in the City Clerk's Office; h owe ve r , if Coun ci I con curs wi th Counci 1 man Ri ggs ' pro po sa l he wi 1 1 investigate the matter. I N F 0 R M A L S E S S I 0 N ITEM #15266 The Ci ty Manager discus s ed wi th Counci I the agreement wi th Cl ark Whitehill Company with regards to the location of the Rosemont Road Water Tower. The City Manager advised Council that after developing the property Clark-Whitehill Company discovered the City was planning to require a water tower site near their subdivision. Clark-Whitehill objected as they felt it would be detrimental to their property. The City Manager advised them of possible condemnation if a settlement could not be reached. A study was requested by Clark-Whitehill, which the City prepared, on other sites available in the area which could be utilized as an alternative location. The least expensive site was the Rosemont Road tank site. The next site available, and hydraulically sound, was on City-owned property being used as a ballfield. There would be an increase in cost of approximately $34,000. The Ci ty Manager advi sed Cl ark -Whi te hi 1 1 Company if they were willing to pay for the cost of relocating the tower he would recommend to Council the relocation of the water tower. The City Manager further advised he will be bringing this matter to Council at a future date. Mr. Charles Jeckyll appeared regarding the above matter. 06/23/80 4 - ITEM #15267 The City Manager advised Co uncil of a Res ol u tion autho ri z i ng the C i ty Treas urer to charge-o f f $1 5 , 594 . 91 as uncol 1 ectab l e acco un ts and remove this amount from the City's records. This matter will be on the FORMAL AGENDA. ITEM #15268 The Ci ty Manager advi sed Coun ci 1 of the requ es t of Bus ch Devel opment Corpo ration to h ave an appl i cation s i mu l tan eous I y adver tised for the Planning Commission and City Council (Peppertree Plaza - Housing for the Elderly), for hearing by City Council on 14 July 1980. It was the concensus of Council that this matter NOT be expedited. ITEM #15269 The City Manager advised Council he was requesting an indefinite deferral on the Resolution authorizing the City Manager to amend the Community Development Flousing Assistance Plan to conform with the City of Virginia Beach Land Use Plan. The matter is being deferred to permit further study. ITEM.#15270 The City Manager advi sed Counci I of the State Pu bl ic H ea ring on Road al 1 ocations attended by Coun ci 1 woman O be rn dor f , Coun ci 1 man Merri ck , an d h ims el f to re qu es t two ( 2 ) pro j ec ts be pl ace d back on the "drawing board" (Kempsville Road and Virginia Beach Boulevard). City Council recessed into the EXECUTIVE SESSION (6:00 p.m.), for briefing prior to the FORMAL SESSION in the Council Chambers. 06/2 3/80 5 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 23 June 1980 Seven O'Clock in the Evening Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Absent: None INVOCATION: Reverend Robert C. Bradford, Jr., Pastor, Thalia Trinity Presbyterian Church. PLEDGE OF ALLEGIANCE B I D (ITEM II-H.I.c.2) ITEM #15271 Mayor Standing advised Council of some concern regarding the bid of M. E . Wilkins , Inc., in the amount of $112,997.58 , for the B radfo rd Terra ce Sani tary Sewer Facilities, and indicated the City Manager has requested this matter be deferred for two (2) weeks for further examination. This matter will be voted on under Ordinances. 06/23/80 - 6- M I N U T E S (ITEM II-D.1) ITEM #15272 Upon motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to APPROVE, with a CORRECTION, the Minutes of the Regular Meeting of 16 June 1980: Page 25 - Item II-H.l.c - Councilman Ervin voted "aye" on the motion to deny. Councilman Ferrell voted "nay" on the motion to deny. Voting: 11-0 Council Members Voting Aye: John A . B a um , F . Re i d E rv in, George R . Fe r re l 1 , Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Mey era E . Obern do rf , J . Curti s Payne , Ro ger L . Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 - 7 - R E S 0 L U T I 0 N S (ITEM II-E.1) ITEM #15273 Upon motion by Councilman Holland, seconded by Vice Mayor McCoy, Ci ty Cou nci 1 voted to ADOPT the fol lowin g Res olution s , and presented same to: Councilman George R. Ferrell Councilman J. Curtis Payne Councilman Roger L. Riggs Voti n g 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 - 8- R E S 0 L U T I 0 N WHEREAS, J. Curtis Payne has served as a member of the Virginia Beach City Counciz since 1967; and, WHEREAS, during this term, Mr. Payne served as Mayor of Virginia Beach from 1974 to 1976; and, WHEREAS, Mr. Payne has represented his City on a number of LocaZ and regionaz boards and commissions, currently serving on the Tidewater Transportation District Commission; and, WHEREAS, Cauncilman Payne has worked untiringly on behatf of the City of Virginia Beach, NOW, THEREFORE, BE -TT RESOLVED that the Virginia Beach City CounciL recognizes this distinguished record of service and wishes to pubZicLy thank CounciZman Payne for azz his efforts on behaLf of the City of Virginia Beach. Mayor City of Virginia Beach, 7irginia Adopted by the CounciZ of the City of Virginia Beach, 7irginia, on the twenty-third day of June, 1980. 06/2 3/80 -9- B E S 0 L U T I 0 N WHEREAS, George R. FerreZZ has served as a member of the Virginia Beach City CounciZ since 1966; and, @WHEREAS, Mr. FerreZZ served as Vice mayor of Virginia Beach from 1974-1976; and, WHEREAS, Mr. FerreZZ served as a member of and chairman of the Virginia Beach SchooL Board; and, WHEREAS, Mr. FerreZZ has worked untiringly on behazf of the City of Virginia Beach; and, WHEREAS, Mr. FerreZZ, through his past experience and direct outzook on Life, has become a sage of Council, NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City CounciZ recognizes this distinguished record of service and wishes to pubZicZy thank CounciZman FerreZZ for aZZ his efforts on behalf of Virginia Beach and her citizens. Mayor City of Yirginia Beach, Virginia Adopted by the CounciZ of the City of Virginia Beach, Virginia, on the twenty-third day of 7une, 1980. 0 6/23/80 -10- R E S 0 L U T I 0 N WHEREAS, R. L. "Buddy" Riggs has served as a member of the Virginia Beach City CounciZ since 1976; and, WHEREAS, Alr. Riggs served as a member of the Virginia Beach PZanning Commission from 1970 to 1976; and, WHEREAS, he has been active in raising funds for the Cardiac Rescue Team; and, WHEREAS, Mr. Riggs successfuZZy initiated the "-T LOVE AMERICA" program and continues to sponsor programs proclaiming this attitude throughout our City and the surrounding area of Tidewater Virginia; and, WHEREAS, CounciZman Riggs has worked untiringzy on behazf of the City of Virginia Beach, NOW, THEREFORE, BE -TT RESOLVED that the Virginia Beach City CounciZ recognizes this distinguished record of service and wishes to publicly thank CounciZman Riggs for aZZ his efforts on behaZf of Virginia Beach and her citizens. Mayor City of Virginia Beach, Virginia Adopted by the Council of the City of Virginia Beach, Virginia, on the twentzj-third day of 7une, 1980. 06/23/80 (ITEM II-E.2) ITEM #15274 RESOLUTION WHEREAS , it is s tan da rd accoun ti ng pro ce du re to aII ow for a c harge-of f of uncol 1 ectabl e ac counts ; and , WHEREAS, an earnest and diligent effort has been made by City departments to collect their overdue accounts; and, WHEREAS, the following accounts which total $15,594.91 are deemed to be uncollect<lble: General Services $ 768.75 City Clerk 141.00 Printing & Distribution 11.60 Engineering & Traffic 4 1 1 . 4 3 Risk Management 3,224.12 Planning 52.00 Highway 10,477.71 Pol i ce 95 . 0 0 Refuse Disposal 120.30 Animal Control 2 9 3 . 0 0 Total to be Charged-off $15,594.91 NOW , THEREFORE , BE I T RESOLVED BY TH E CITY COUNCIL OF TH E CITY OF VIRGINIA BEACH: That $15,594.91 be charged-off as uncollectable accounts and removed from the City's records. This Resolution shall be effective immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the twenty-third day of June, 1980 Voti ng 1 1 - 0 06/23/80 - 1 2 - Upon motion by Vice Mayor fIcCoy, seconded by Councilman Baum, City Council voted to APPROVE the Resolution authorizing the City Manager to charge-off $15,594.91 as uncollect@ble accounts and remove this amount from the City's records. I Vot in g I 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick*, Mey era E . Obe rn do rf , J . Curti s Payne , Ro ger L . Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None *CO UNCIL MAN MERRICK VOI CED A VERB AL @'AYE@' . 06/2 3/80 1 3 - P R E S E N T A T I 0 N ITEM #15275 Mayor Standing presented an award to Mr. Giles G. Dodd, Assistant to the Ci ty Manager for Fi nance an d Resea rch , for f i nanci al repo rti ng and achievement from the Municipal Finance Office Association. C 0 N S E N T A G E N D A (ITEM II-F.1) ITEM #15276 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: Requested by: Department of Personnel and City Manager ORDINANCE TO AMEND SECTION 2-37(b) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DEMOTIONS BE IT ORDAINED BY THE COU.NCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-37(b) of the Code of the City of Virginia Beach, Virginia, is hereby amended as follows: Section 2-37. Changes in class. (b) A demotion shall be a reduction in the pay range of 0 6/23/80 1 4- a full-time permanent or probational employee in conjunction with a change in job duties and responsibilities. When an employee is re- duced 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, 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 This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the twenty-third day of June, 1980. Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance to amend Section 2-37(b) of the Code of the City of Virginia Beach, Virginia, pertaining to demotions. Voting: 11-0 0 6/23/80 -1 5- Council Members Voting Aye: John A . B a um , F. Re i d Erv in, George R . Ferrel 1 Barbara M. Henley, Clarence A. Holland, Vice Mayor J. He nry McCoy, Jr. , Do na l d W . Merri ck, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 1 6 - (ITEM II-F.2) ITEM #15277 Upon,motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to uphold the recommendation of the City Manager and APPROVE the following Certificates of Public Convenience and Neces s i ty for operation of a pu bl ic ve hi cl e in the Ci ty of Virgin i a Beach Currently Authorized Requested Increase Bayside Taxi, Inc. 1 0 10 0 Coastal Cab and Beach Taxi , Inc. 1 2 1 2 0 Currently Authorized Requested Recommended Yellow Cab* 5 5 2 Diamond Cab* 16 1 6 7 AND, further voted to stipulate the folldwing: *Yellow Cab and Diamond Cab have thirty (30) days in which seven (7) vehicles must be placed in good order and repair or the permit to operate them will be revoked by the Chief of Police. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Melvera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing 06/2 3/80 I - 1 7 - Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 -1 8- (ITEM II-F.3) ITEM #15278 Requested by: Public Works/Engineering The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building on the 23 day of June I 9 8 0 . On motion by Councilwoman Oberndorf seconded by Councilman Payne the following Resolution was adopted. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION FOR PERMIT ISSUED BY THE VIRGINIA MARINE RESOURCES COMMISSION TO THE CITY OF VIRGINIA BEACH. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager of the City of Virginia Beach, Virginia, is hereby authorized to execute an application for a Permit, a copy of which is attached hereto, authorizing the Virginia Beach Department of Public Works to widen and improve the bridge over London Bridge Creek for the Lynnhaven Parkway Phase IV Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the -twenty-third. day.of June 1 1980. Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to uphold the recommendation of the City Manager and APPROVE the Resolution authorizing the City Manager to execute an application for a permit issued by the Virginia Marine Resources Commission to the City of Virginia Beach. Voting: 1 1 - 0 0 6/23/80 -1 9 - Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/23/80 2 0 - (ITEM II-F.4) ITEM #15279 1094 2-D8 Requested by: Economic Development Department AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT CONVEYING A 10-FOOT RIGHT-OF-WAY EASEMENT ACROSS THE PROPERTY AT THE ROSE HALL COMPLEX TO THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA WHEREAS, the granting of a 10-foot easement, as shown on the attached Exhibit A, is necessary to allow the Chesapeake and Potomac Telephone Company of Virginia to install an underground telephone cable to serve the Rose Hall Complex; and, WHEREAS, it is the judgment of the Council of the City of Virginia Beach that the granting of said right-of-way easement is in the best interest of the Rose Hall Complex and the citizens of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager of the City of Virginia Beach, Virginia, is hereby authorized to execute an agreement between the Chesapeake and Potomac Telephone Company of Virginia and the City of Virginia Beach, granting a 10-foot ri ght-of-way easement, as shown on the attached Exhibit A, to the Chesapeake and Potomac Telephone Company of Virginia, for the purpose of installing under- ground cable to serve the Rose Hal I Compl ex. Adopted by the Council of th'e City of Virginia Beach, Virginia, on the twenty-third - day of June 1 9 80 Authentic.ted t. be a T,ue Copy of an Of,icial Record of the C;ty of Virgin,ia Beach, dat d th- -f 1980 Cust.di.n City Ci;@ of Vi, gii,@a 0,@ach 06/23/80 2 1 - 25.9 Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne, Ci ty Counci 1 voted to upho l d the recommendati on of the Ci ty Mana ger and APPROVE the Ordinance authorizing the City Manager to execute an agreement conveying a 10-foot right-of-way easement across the property at the Rose Hall complex to the Chesapeake and Potomac Telephone Company of Virginia. Voting: 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payhe, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None ................... 06/2 3/80 2 2 - (ITEM II-F.5) ITEM #15280 Requested by: Housing and Community Development RESOLUTION AUTHORIZING THE CITY MANAGER To AMEND THE COMMUNITY DEVELOPMENT HOUSING ASSISTANCE PLAN TO CONFORM WITH THE CITY OF VIRGINIA BEACH LAND USE PLAN. WHEREAS, the City of Virginia Beach has approved a Comprehensive Land Use Plan, the provisions of which recommend that very limited residential development take place in the Southern portion of the City of Virginia Beach; and, WHEREAS, the Community Development Housing Assistance Plan presently includes certain areas in the Southern portion of the City as potential sites for multi-family, assisted housing; a n d , WHEREAS, the Office of Housing and Community Development wishes to delete the potential, Southern locations from the Housing Assistance Plan so as not to conflict with the Comprehensive Land Use Plan and to add other, general locations in lieu thereof as sho@wn on the attached map; and, WHEREAS, the added, general locations appear to have at least one housing site of each housing type (family, elderly, and handicapped) meeting HUD site and neighborhood standards; and, WHEREAS, the Community Development Citizen Advisory Committee has recommended the proposed amendments referred to herein- above. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to take the appropri- ate steps necessary to amend the Community Development Housing Assistance Plan in accordance with the provisions of this Resolution. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 9 80 . 0 6/23/80 2 3 - Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne, Ci ty Co unci 1 voted to DE FE R IN DEFIN I TELY the Res olution au t ho ri zi ng the City Manager to amend the Community Development Housing Assistance Plan to conform with the City of Virginia Beach Land Use Plan. Voti ng 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/23/80 2 4 - (ITEM II-F.6) ITEM #15281 Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to uphold the recommendation of the City Manager and APPROVE the Li cens e Refun ds in the amoun t of $2 , 585 . 37 Votin g : I I - 0 Council Members Voting Aye: John A. Baum, F. Re i d Ervin , Geor ge R. Ferrel 1 Barbara M. Henley, Clarence A. Holland, Vice l@layor J. Henry McCoy, Jr., Donald W. Merrick, Mey era E. Oberndorf , J . Curti s Payne , Ro ger L . Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/2 3/80 2 5 - 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 Commissi6ner of the Revenue are hereby approved: iliu@N6B DATE NAME YEAR PAID BASE PENALTY INT. TOTAL Dixie Manufacturing Co, Inc.1977-79 2,220.74 110 Colley Ave.,P.O. Box 59 Norfolk, Va. 23501 See letter attached explaining erroneous payments. Computer World, Ltd. 'A Professional Computer Service .j8 Beverly Place Va. Beach, Va. 23452 1979 5/30/79 142.75 See Audit Attached Potpourri Shoppe, Ltd. 2152 Great Neck Sq., Shop Center Virginia Beach, Va. 23454 1978 11/14/78 221.88 Audit Credit-$82-81 applied to 80 License CertAified as to Payment: Letter attached. Commissioney. Approved as to form: oIn y The above abatement(s) totaling $2,585.37 were approved by the council of the City of Virginia Beach on the 23 day of June 19 80 Ruth Hodges@mith City Clerk - 2 6 - ITEM II-F.7) ITEM #15282 Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne, Ci ty Coun cil voted to u pho l d the recommen dation of the City Manager and APPROVE the tax refunds in the amount of $994.40. Voting- 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice tlayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: ,4one 0 6/23/80 C.A. 7 2 7 - 6/9/80 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D :@e Penalty I nt. Totai Y ear of Tax Number tion No. P id Fontanares, Apolonio F. 80 RE 73926-1 (1/2) 11/5/79 13.69 Fontanares, Apolonio F. 80 RE 73926-1 (2/2) 11/6/79 13.69@ Brown, Phyllis G. 78 pp 11758 5/26/78 19.62 Brown, Phyllis G. 79 pp 12009 5/10/79 28.38 erkel, W. P. 79 pp 62279 6/2/79 64.62 .B. Navy Fed. Cred. Union - utility - - 854.40 Total 994.40 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Cert yment; were approved by the Council'of the City of Virginia Beach on the day of John IVAtkinson,' Trea'surgrl rm: Ruth Hodges Smith City Clerk City Attor4ey 2 8 - C 0 N S E N T A G E N D A S E C 0 @l D R E A D I N G S (ITEM II-F.8) ITEM #15283 0 R DI N AN CE TO AP P RO P RI ATE FUN DS I N THE AMOUNT OF $55,000 TO EXTEND A SPECIALIZED MENTAL HEALTH GRANT FOR EMOTIONALLY HANDICAPPED STUDENTS. WHEREAS, City Council approved a Grant on December 10, 1 9 79 , fo r t he De pa rtmen t o f Men ta 1 H e a I th a n d Men t a I Re ta rda t i o n (DMH/MR) to provide specialized mental health clinical treatment and support services in the City's Public School Special Education Program for emotionally handicapped students; and, WHEREAS, the State DMH/MR has awarded a Grant in the amount of $50,000 and the receipt of direct student fees is estimated at $5,000, for the extension of the above program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the Grant and collect the fees for the City, the funds are hereby appropriated in the amount of $55,000 to the DMH/MR for the above specialized mental health program; and, BE IT FURTHER ORDAINED that the appropriations will be financed by $55,000 Estimated Revenues from the State DMH/MR; and, B E I T FU RTH E R 0 RDAI N E D t ha t f i v e p ers o n n e 1 po s i t i o n s a re h e reby a utho ri zed f o r t h e dura t i o n o f th e Gra n t , to b e pa i d f rom t h e Grant, with the employee classes to be determined by the City Manager. FIRST READING: 16 June 1980 SECOND READING:- 23 June 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third day of June, 1980. 06/23/80 2 9 - Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to APPROVE ON SE.COND READING the Ordinance to appropriate $55,000 to extend a specialized Mental Health Grant for emotionally handicapped students. Voti n g : 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/23/80 - 30 - (ITEM II-F.9) ITEM #15284 ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $432,000 FOR THE TIDEWATER VIRGINIA ALCOHOL SAFETY ACTION PROGRAM (TVASAP) WHEREAS, City Council approved the establis@ment of the TVASAP pursuant to 18.2-271 (d), Code of Virginia, as amended, for th e Ci ty ;and , WHEREAS, the City Council approved an interim budget for the TVASAP on April 28, 1980; and, WHEREAS, the TVASAP is designed to reduce alcohol related crashes, injuries, and facilities on local highways. NOW, THEREFORE, BE IT ORDAINED BY TH E COUNCIL OF TH E CITY OF VIRGINIA BEACH, VIRGINIA: That the Ci ty Manager i s authori zed to conti nue the TVASAP pursuant to 18.2-271.1(d), Code of Virginia, as amended, for the City, and funds are hereby appropriated in the amount of $432,000 for the TVASAP; and, The City Manager is authorized to accept any gifts or bequests of money or property, and any Grant, loan, service, payment, or property from any source , incl uding the federal government , for the purpose o f dri ver al cohol education ; and, The City Manager is further directed to deposit in a separate fund any such gi fts , beques ts , Grants , 1 oans or payments in accordance with 18.1-271.1 (al), Code of Virginia, as amended. BE IT FURTHER ORDAINED that the appropriations will be financed by $432,000 estimated revenue from fees in accordance with 18.1-271.1 (al), Code of Virginia, as amended; and, 06/23/80 31 - BE IT FURTHER ORDAINED that twelve personnel positions are hereby a ut ho ri zed wi th the empl oyee clas s es to be determin ed by the City Manager. FIRST READING: 16 June 1980 SECOND READING:- 23 June 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the twenty-third day of June, 1980. Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriate funds in the amount of $432,000 for the Tidewater Virginia Alcohol Safety Action Program (TVASAP). Voting: 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 - 3 2 - P L A N N I N G A G E N 0 A (ITEM II-G.l.a) ITEM #15285 Attorney H. Calvin Spain appeared in behalf of the applicant The following appeared in opposition: Attorney James McKenry representing the Civic Leagues in the area Mr. Curtis B. Woolard, President, Kempsville Borough Civic League Mr. Tom Mannix Mrs. Terri Johnson, Vice President, Kempsville Civic League This application came back to Council under a Court Order Vice Mayor McCoy made a motion, seconded by Councilman Ferrell, to APPROVE the application of National Pride Equipment Company, Inc., for a Conditional Use Permit for a self-service car wash: Councilman Merrick offered a SUBSTITUTE MOTION, seconded by Councilwoman Oberndorf, to DENY the application of National Pride Equipment Company, Inc., for a Conditional Use Permit for a self-service car wash for the following reasons: 1. B-2 Community-Business District Zoning, Use Permit required, opposition from residents; 2. Poor planning; 3. Downgrades the area; 4. Traffic problems; 5. Off-site drainage will be necessary. It was noted by Vice Mayor McCoy that the reasons for denying, in his opinion, seemed weak and he requested his remarks be made a part of the Minutes of this meeting (23 June 1980). 06/23/80 3 3 - THE RECORDED VOTE ON THE SUBSTITUTE MOTION IS AS FOLLOWS Voting: 6 - 5 Council Members Voting Aye: (for the substitute motion to deny) F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., and J. Curtis Payne Council Members Absent: None City Council voted to DENY the application of NATIONAL PRIDE EQUIPMENT COMPANY, INC., for a Conditional Use Permit, as per the following: Ordinance upon application of National Pride Equipment Company, Inc., for a Conditional Use Permit for a self-service car wash on certain property located on the South side of Brady Court beginning at a point 70 feet more or less East of South Witchduck Road, running a distance of 152.50 feet along the South side of Brady Court, running a distance of 1 2 4 . 9 9 feet along the Eastern property line, running a distance of 158 feet along the South ern pro- perty line, running a distance of 113.70 feet along the Western property line, running a distance of 20 feet in an Easterly direction and running a distance of 10.30 feet in a Northerly direction. Said parcel contains .48 acre. KEMPSVILLE BOROUGH. 06/23/80 - 34 - (ITEM II-G.2.a) ITEM #15286 Attorney Robert Miller appeared in behalf of the applicant. Attorney Steven Strickler, representing Cavalier Park/Bay Colony Civic League, appeared in opposition. Councilman Merrick made a motion, seconded by Councilwoman Oberndorf, to DENY the application of HENRY A. SHOOK for a variance to Section 4.4(b) of the Subdivision Ordinance. Voting: 4- 7 Council Members Voting Aye: (for denial) F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing The above motion to DENY the application of HENRY A. SHOOK for a variance to Section 4.4(b) of the Subdivision Ordinance was LOST. 06/2 3/80 3 5- ITEM #15236(a) Upon motibn by Councilman Payne, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission a nd APPROVE the a ppl i cation of HEN RY A . SHOOK for a v ariance to Secti on 4 .4 ( b) of the Subdi vision Ordi nan ce, as per the f ol 1 owing: Appeals from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Henry A. 5hook. Property located at the Northwest intersection of Bay Colony Drive and a portion of vacated Hill Road. More detailed information is 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 subdivide a 1.18 acre site, located at the Northwest intersection of Bay Colony Drive and Hill Road, into two (2) lots. Voting: 8- 3 Cou,n:cil Members Voting Aye: John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: None 06/23/80 3 6 - (ITEM II- G.3.a) ITEM #15287 Mr. Walter Monahan appeared in behalf of the applicant. Upon motion by Councilman Merrick, seconded by Councilman Ervin, City Counci 1 voted to u pho l d the recommendation of the PIan ni ng Commission and APPROVE the application of CH & B ASSOCIATES for a variance to Section 4.4(b) of the Subdivision Ordinance, per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for CH & 3 Associates. Property located on the North side of Adam Keeling Road, 2000 feet more or less West of the inter- section of Adam Keeling Road and Great Neck 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. This 1.29 acre site is located on the North side of Adam Keeling Road, approximately 2,000 feet West of Great Neck Road. This site currently consists of two (2) lots, which if subdivided as proposed, would remain as two (2) lots. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/23/80 - 3 7 - (ITEM II-G.b) ITEM #15288 Mr. Roland E. Dorer appeared in opposition. Robert J . and Jean D. Yo un g advi sed Co un ci 1 , by letter, of th ei r request for withdrawal. Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission and DENY the application of ROBERT G. AND JEAN D. YOUNG, for a Change of Zoning District Classification, as per the following: Ordinance upon application of Robert G. and Jean D. Young for a Change of Zoning District Classifi- cation from R-6 Residential District to 0-1 Office District on certain property located on the South si de of Bonn ey Road beg i nnin g at a poi nt 350 fee t more or I ess E as t of Sou th Wi tchduck Road , run ni ng a distance of 195.3 feet along the South side of Bonney Road, running a distance of 459.5 feet along the Eastern property line, running a distance of 186.9 feet along the Southern property line and running a distance of 514.9 feet along the Western property line. Said parcel contains 2.11 acres. KEMPSVILLE BOROUGH. Voting: 1 1 - 0 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 3 8- (ITEM II-G.3.c) ITEM #15289 Attorney Garrett Binson appeared in behalf of the applicant. Upon motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City Co unci I voted to uphol d the recommendation of the Plannin g Commi s s ion an d APPROVE the appl i cation of SHI RLEY A. BUCKNER AND STERLIN G S . MONTGOMERY for a Change of Zon i ng Dis trict Cl ass i fi cation , as per the following; subjec't to the conditions outlined in the City Manager's 1 etter: ORDINANCE UPON APPLICATION OF SHIRLEY A. Z0680519 SUCKNER AND STERLING S. MONTGOMERY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Shirley A. Buckner and Sterling S. Montgomery for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located on the t4est side of Princess Anne Road beginning at a point 918.11 feet South of Corner Road, running a distance of 41 6.80 feet along the West side of Princess Anne Road, running a dis- tance of 1060.86 feet along the Southern property line, running a distance of 516.80 feet along the East side of Salem Road and running a distance of 706.52 feet along the Northern property line. Said property contains 10.145 acres. KEMPSVILLE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. A 16-inch waterline is located along Salem Road. City sewer is not available at this time. The construction of a pump station is required. 3. An adequate onsite drainage system with the necessary downstream drainage improvements and easements is required. 4. Right-of-way improvements will be necessary along Salem Road; this includes pavement widening, curb and gutter, and sidewalk. 06/23/80 - 3 9 - 5. Due to the high volumes of traffic generated by this proposed zoning, a traffic signal will be required at this site's entrance onto Princess Anne Road; this signal should include protected pedestrian movements. 6. Any furute parking areas should be channelized so as to insure sufficient stacking of vehicles exiting the s i t e . 7. Left-turn and right-turn lanes with by-pass lanes and transitions are necessary in order to safely facilitate turning movements into this site. 8. It should be noted that this site may be affected by a future Ferrell Parkway/Lynnhaven Parkway interchange currently being studied. 9. Only one access to be allowed on Salem Road. 10. A 25-foot vegetative buffer along Salem Road. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third day of June, 1980. V o t i n g1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/23/80 4 0 - (ITEM II-G.3.d) ITEM #15290 Attorn ey Ted Carr appea red in beha If of the appl i can t . Upon motion by Councilman Riggs, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the appl i cation of GUS RI GAN TO, T/A CAESAR'S AND MIKE XYSTROU, T/A HONEY BEE PANCAKES, for a Conditional Use Permit, as per the following; subject to the conditions outlined in the City Manager's letter: APPROVAL IS FOR A TWO YEAR PERIOD. ORDINANCE UPON APPLICATION OF GUS RIGANTO, R0680323 T/A CAESAR'S AND MIKE XYSTROU, T/A HONEY BEE PANCAKES , FOR A CONDITIONAL USE PERMIT FOR A PARKING LOT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Gus Riganto, T/A Caesar's, and Mike Xystrou, T/A Honey Bee Pan- cakes, for a Conditional Use Permit for a parking lot on certain property located at the Southeast corner of 24th Street and Atlantic Avenue, running a distance of 150 feet along the South side of 24th Street, running a distance of 155 feet along the Eastern property line, running a distance of 150 feet along the Southern property line and running a distance of 155 feet along the East side of Atlantic Avenue. S a i d parcel contains .533 acre. VIRGINIA BEACH BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Approval is for a TWO YEAR PERIOD. 2. Conformance with the temporary parking lot criteria. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third day of June, 1980. 0 6/2 3/80 - 41 - Voti ng I I - 0 Council Members Voting Aye: John A. Baum, F. Re i d Ervin, Geor ge R. Fe rrel 1 Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/23/80 4 2 - (ITEM II-G.3.e) ITEM #15291 Mr. David Howell appeared in behalf of his application. Upon motion by Councilman Payne, seconded by Vice Mayor McCoy, City Cou nc i 1 voted to upho l d the recommen dation of the Pl anni ng Commiss ion and APPROVE the application of DAVID W. HOWELL for a Conditional Use Permit, as per the following; subject to the conditions outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF DAVID W. HOWELL R0680324 FOR A CONDITIONAL USE PERMIT FOR A HOME OCCU- PATION (MUSICAL INSTRUMENT REPAIR) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of David W. Howell for a Conditional Use Permit for a home occupation (musical instrument repair) on-certain property located on the West side of Lamplight Lane beginning at a point 185 feet North of 01 e Towne Lane , running a distance of 75 feet al ong the Wes t s ide of Lamplight Lane, running a distance of 130.47 feet along the Northern property line, running a distance of 76.45 feet along the Wes tern property I i ne and runni ng a distance of 1 44 .1 5 feet along the Southern property line. Said parcel cohtains .23 acre. PRINCESS ANNE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Approval is for a one-year period. 2 . Compl iance with Arti cle 2 , Section 229 of the Comprehensive Zoning Ordinance pertaining to home occupations. 3. Repair work shall be arranged through the auspices of the school system not by means of direct contact with the general public. 4. The pick-up and delivery of instruments shall be performed by the appl i cant , rath er than such activities occurring at his residence. Thi s Ordinance s hal 1 be ef fective upon date of adoption . Adopted by the Council of the City of Virginia Beach, on the Twenty-third.day of June, 1980. 0 6/2 3/80 4 3- Voting: 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 - 44 - (ITEM II-G.3.f) ITEM #15292 Mrs. Mari anne 0 ' B ri en appeared in behal f of her appl i cation. Upon motion by Councilman Baum, seconded by Councilman Ervin, City Council voted to APPROVE the application of JOHN A. BILOTTA, JR., AND MARIANN O'BRIEN for a Conditional Use Permit, as per the following; subject to the conditions in the CityManager's letter: APPROVAL FOR A ONE YEAR PERIOD LIMIT EIGHT (8) STUDENTS ORDINANCE UPON APPLICATION OF JOHN A. BILOTTA, R0680325 JR., AND MARIANN O'BRIEN FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (TEACHING CERAMICS) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of John A. Bilotta, Jr., and Mariann O'Brien for a Conditional Use Permit for a home occupation (teaching ceramics) on certain property located on the West side of South Plaza Trail beginning at a point 396.47 feet South of Boyd Road, running a distance of 75 feet along the West side of South Plaza Trail, running a distance of 110 feet along the Southern property line, running a distance of 75 feet along the Western property line and running a dis- tance of 110 feet along the Northern property line. Said parcel contains .18 acre. LYNNHAVEN BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Approval for a one-year period. 2. Limit number of students to eight (8). 3. Compliance with Article 2, Section 229 of the Comprehensive Zoning Ordinance pertaining to home occupations. 4. In addition to the two parking spaces required for the residents of this site, on-site parking at a ratio of one space per student must be provided. This Ordinance shall become effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third day of June, 1980. 06/23/80 4 5 - Vo tin g 8- 2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Council Members Voting Nay: Donald W. Merrick, and Mayor Patrick L. Standing Council Members Absent: None 06/2 3/80 - 46 - (ITEM 11-G.4.a) ITEM #15293 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I, SECTION 104 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO VIOLATIONS AND PENALTIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 104, Violations and Penalties, of the C.Z.O. is amended and reordained as follows: 104. Violations and Penalties. Any person who violates any of the privisions of this Ordinance shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine of not less than $10.00 nor more than $259-.99 $1,000.00. Each day that a violation continues shall be considered a separate offense. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third day of June, 1980. ORDINANCE TO AMEND AND REORDAIN SECTION 10.1 OF THE SUBDIVISION ORDINANCE PER- TAINING TO PENALTIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10.1, Penalties, of the Subdivision Ordinance is amended and reordained as follows: 10.1 Any violation of the provisions of this Ordinance shall be punishable by a fine of not more than $499,99 $500.00 for each lot or parcel of land subdivided, transferred or sold without compliance with the terms hereof; and the de- cription of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from other lawful remedies. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third day of June, 1980. 0 6/2 3/80 - 47- Upon motion by Co uncil man Ervin , s econ ded by Co uncil woman Oberndorf City Council voted to uphold the recommendation of the Planning Commission and APPROVE the Ordinance to amend and reordain Article 1, Section 104 of the Comprehensive Zoning Ordinance pertaining to v iol ation s an d penal ties; AND , the Ordi nance to amend and reo rdain Section 10.1 of the Subdivision Ordinance pertaining to penalties. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: @ione Council Members Absent: None 06/2 3/80 - 4 8- (ITEM II-G.4.b) ITEM #15294 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 16 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH BY ADDING THE COASTAL PRIMARY SAND DUNE ORDINANCE AND BY REPEALING ORDINANCE NO. 931 AS THE COASTLINE MANAGEMENT ORDINANCE EFFECTIVE July 1, 1980. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGI@IIA: That Ordinance No. 931, adopted March 26, 1979, and known as the Coastline Management Ordinance is hereby repealed as of July 1, 1980, and that Article 16 of the Comprehensive Zoning Ordinance is amended and reordained as follows: ARTICLE 16. COASTAL PRIMARY SAND DUNE ZONING ORDINANCE Section 1600. Intent. The governing body of the City of Virginia Beach, acting pursuant to Chapter 2.2 of Title 62.1 of the Code of Virginia, for the purposes of fulfilling the policy and standards set forth in such Chapter, adopts this Ordinance regulating the use and develop- ment of Coastal Primary Sand Dunes. Section 1601. Definitions. For the purpose of this Ordinance. (a) "Commission" shall mean the Virginia Resources Commission. b "Commissioner" shall mean the Commissioner of the Virginia Marine Resources Commission. ( c )"County or City" shall mean the governing body of such County or City. (d) "Coastal Primary Sand Dune" hereinafter referred to as "dune," shall mean a mound of unconsolidated sandy soil which is contiguous to mean high water, whose landward and lateral limits are marked by a change in grade from ten per centem or greater to less than ten per centum, and upon any part of which is growing on July One, Nineteen Hundred and Eighty, or grows thereon subsequent thereto, any 06/23/80 4 9 - one or more of the following: American beach grass (Ammophilla breviligulata); beach heather (Hudsonia tometosa); dune bean (Strophostylis umbellata var, paludigena); dusty miller (Artemisia stellerina); saltmeadow hay (Spartina patens)-. seabeach sandwort (Arellaria peploides); sea oats (Uniola paniculata); sea rocket (Cakile edentula); seaside goldenrod (solidago sempervirens); and short dune grass (Panicum ararum). For purpos es of this Ordi nan ce, " Co as ta l Primary Sand Dune" shall not include any mound of sand, sandy soil or dredge s poi 1 whi ch has been depos i ted by man for the purpos e of the temporary storage of such material for later use. (e) "Governmental activity" shall mean any or all of the s ervices pro vided by the Commonweal th or a Co un ty or Ci ty to its ci ti z ens for the purpose of maintaining public facilities and shall include but not be limited to such services as construction, repairing, and maintaining roads, sewage facilities, sudolvinq and treating water, street lights and constructing public buildings. (f) "Wetlands Board" or "Board" means the Board created as provided for in Section 62.1-13.6 of the Code of Virginia. Section 1602. Uses. The f ol low i ng us es an d act i vi ties on dun es are permi tted if otherwise permitted by law: (a) The construction and maintenance of nomcommercial walkways which do not alter the contour of the Coastal Primary Sand ,Dun e ; (b) The construction and maintenance of observation platforms whi ch a re no t an i n te gral p a rt o f a n y dwe 1 1 i n g and wh i ch do no t a 1 te r the contour of the Coastal Primary Sand Dune; (c) The planting of beach grasses or other vegetation for the purpose o f s tab i I i zi n g Coa s ta I P r i ma ry S a n d Du n es ; ( d) The placement of sand fences or other material on or adjacent to Coastal Primary Sand Dunes for the purpose of stabilizing 0 6/23/80 5 0 - such features, except that this provision shall not be interpreted to au t ho rize the pl acement of any mate rial which presen ts a pu bl ic h ea l th or safety hazard; ( e ) Sand rep l eni s h ment acti vi ties of any pri vat e or public concern provided no sand shall be removed from any Coastal Pri ma ry San d Dune un l ess au t ho rized by I awful p ermi t ; (f) The normal maintenance of any groin, jetty, riprap, bulkhead or other structure designed to control beach erosion which may abut a Coastal Primary Sand Dune; (g) The normal maintenance or repair of presently existini roads, highways , ra i 1 road beds and f aci Ii ties of the Un i ted States, this State, or any of its Coun ti es or Ci ti es, or t hose of any person , firm, corporation, or utility provided no Coastal Primary Sand Dunes are al tered; ( h Outdoo r re c reationa l acti vi ties, provi ded that s u ch activities do not alter the natural contour of the Coastal Primary Sand Dune or destroy its vegetation; (i) The conservation and research activities of the Virginia Marine Resources Commission, Virginia Institute of Marine Science, Commiss ion of Game and I nl an d Fi sh eri es an d other re l ated con servati on agencies; The construction an d ma intenan ce of ai ds to navi gation which are authorized by governmental authority; (k) Activities pursuant to any emergency declared by the go verni ng body of any lo ca l gove rnment or the Go vernor of the Commonweal th or any pubii c health o ff icer for the purposes of p rotecti ng the pub Ii c health or safety; and, (1) Governmental activity on Coastal Primary Sand Dunes owned or leased by the Commonweal th or a polit i ca l s ubdi vi si on th ereof Section 1603. Applications. Any person who desires to use or alter any Coastal Primary Sand Du6e w i thin the City of Virgin i a Beach, other than for those act i vi ties s peci f i ed in S ection 1 602 h erei n , s hall f i rs t f i 1 e an appl i cation with the We tl ands Board at the Off ice of the City En gi neer 06/23/80 in accordance with Section 4 of Section 62.1.13.5 of the Code o f Virginia. The Wetlands Board may establish a processing fee in accordance wi th Section 4 of S ection 62 .1 -1 3 . 5 of the Code o.f V i r q i n i a No person shall be required to file two separate applications for permits if the project to be undertaken would require that a permit be filed in accordance with Section 62.1-13.5 as well as this Ordinance. Under such circumstances the fee accompanying the application required by Section 62.1-13.5 shall also be the fee for the purpose of this Ordinance. Section 1604. Public Inspection of Applications. All applications and maps and docunents relating thereto shall be open for public inspection at the office of the-Ci ty Engineer. Section 1605. Public Hearing Procedure. Not later thah sixty days after receipt of such application, the Wetlands Board shall hold a public hearing on such application. The applicant, the local governing body, the Commissioner, the owner of record of any land adjacent to the Coastal Primary Sand Dunes in question, known claimants of water rights in or adjacent to the coastal sand dunes in question, the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries, the Water Control Board, the Department of Highways and Transportation and governmental agencies expressing an interest therein shall be notified by the Board of the hearing by mail not less than twenty days prior to the date set for the hearing. The Wetlands Board shal I also cause notice of such hearing to be published at least once a week for two weeks prior to such hearing in the newspaper having a general circulation in the City of Virginia Beach. The costs of such publication shall be paid by the applicant. Section 1606. Action of Board. In acting on any application for a permit, the Board shall grant the application upon the concurring vote of three members of the Board. The Chairman of the Board, or in his absence the Acting Chairman 0 6/23/80 - 5 2 - may administer oaths and compel the attendance of witnesses. Any person may appear and be heard at the public hearing. Each witness at the hearin q may submit a con ci se written statement of his tes timony . The Board shall make a record of the proceed i ng , which shall include the application, any written statement of witnesses, asummar,y of statements of all witnesses, the findings and decision of the Board. and the rationale for the decision. The Board shall make its determination within thirty days from the hearing. If the Board fails to act within s u ch ti me, the appl i cation s ha l 1 be de eme d at)o rove d .Within forty-eiqht ho urs of its de termi nation , the Board s hall no ti fy the appl i can t an d the Commi s s ioner of such de termi nati on an d if the Boa rd has not made a determination , it s hal 1 not i fy the appl i can t and the Commiss ion that thirty days has passed and the application is dee roved. The Board shall transmit a copy of the permit to the Commissioner. If the a ppii cation is re viewed or appealed, then the Boa rd s hal 1 transmi t the record of its h eari ng to the Commi ss ion er. Upon a final determination by the Commission, the record shall be returned to the Board. The record shall be open for public inspection at the office of the City Engineer. Section 1607. Bonding Requirements. The Boa rd may require a reasonab l e Bond or Letter of C red it in an amount and witii surety and conditions satisfactory to its securing to the City of Virqin i a Beach compl i ance w i th the conditions and limitations set forth in the permit. The Board may, after hearing as provi ded h erei n s uspend or revoke a permit or the Boa rd f i nds that the applicant has failed to comply with any of the conditions or Ii mi ta tion s set for th in the p ermi t or has ex ceeded the s cope of the work as set forth in the application. The Board after suspend a permit if the applicant fails to comply with the terms and conditions set forth in the application. Section 1608. Review Procedure. (a) In making its decision whether to grant, to grant in modified form, or to deny an application for a permit, the Board s haII base its de ci s i on on the fol 1 owi ng f ac tors . 0 6/23/80 -5 3 - (1) Such matters raised through the testimony of any pers on in support of or in rebuttal to the p ermit appl i cation (2) Impact of the development on the public health and welfare as expressed by the polic,y and standards of Chapter 2 . 2 of Ti tl e 6 2 .1 of the Code of Virqi ni a and any qui del i nes which may have been promulgated thereunder by the Commission. ( b ) If the B oard , in applying the s tan da rds above , f i nds t hat the ant i ci pated publ ic and pri v ate benef it of the proposed act i vity exceeds the anticipated public and private detriment and that the proposed activity would not violate the purposes and intent of Chapter 2 . 2 of Ti tl e 62 .1 of the Code of Virqi ni a and of this Ordi na nce the Board shall grant the permit, subject to any reasonable condition or modification designed to minimize the impact of the activity on the ab il ity of the City of Vi rgin i a Bea ch to prov ide governmenta 1 s ervi ces and on the rights of any other person and to carry out the public policy set forth in Chapter 2.2 of Title 62.1 of the Code of Virginia and in this Ordinance. @lothing in this Section shall be construed as a f f ecti n g the right of any person to s eek compensa tion for any i njury in fact incurred by him beca use of the proposed ac ti vi ty. If the Board finds that the anticipated public and private detriment or that the proposed activity would violate the purposes and intent of Chapter 2.2 of Title 62.1 of the Code of Virginia and of this Ordinance, the Board shall deny the permit application with leave to the applicant to resubmit the application in modified form. Section 1609. Permits. The permit shall be in writing, signed by the Chairman of the Board and notarized. Section 1610. Expiration Date and Extensions. No permit shall be granted without an expiration date, and the Board, in the exercise of its discretion, shall designate an expiration date for completion of such work specified in the permit from the date the Board granted such permit. The Board, however, may 0 6/23/80 - 5 4- upon proper application therefor, grant extensions. Section 1611. Issuance of Permits by Commission. No person shall conduct any activity which would require a p ermit under a Co as ta l Pri ma ry San d Dune Ordi nan ce un l ess he has a permit therefor. Section 1612. Admi ni s trati ve, Ap pe l I ate an d En for cemen t Provision s . In administering the provisions of this article and in order to provi de for enforcement , the Wetlands Board shall bear all those duties and responsibilities and follow those procedures speci fied in Sections 62.1-1 3.7 through 62.1-13.19 of the Code of Virginia in the same manner and on the same basis as it administers and enforces the Wetlands Zoning Ordinance. Section 1613. Investigations and Prosecutions. The Wetlands Board shall have the authority to investigate all projects whether proposed or ongoing which alter a Coastal Primary Sand Dune located within the City of Virginia Beach. The Wetlands Board shall have the power to prosecute all violations of any order of s uch Board , or any viol ation of any provi sion of the tletl ands Zoning Ordinance contained in Section 62.1-13.20:5 of the Code of Virginia or of the Coastal Primary Sand Dune Zoning Ordinance contained i n Ti tl eI , Arti cl e 1 6 o f the Zoni ng Ordi nance o f the Ci ty o f Vi rgi n i a Beach, Virginia. Section 1614. Violation of Orders,,Rules and Regulations. Any person who knowingly, intentionally, negligently or continually violates any order, rule or regulation of the Commission or o f the Wetl ands Board or v i ol a tes any provi s ion o f Ti tl e 62 .1 , Cha pter 2 . 2 of the Code o f Vi rgi ni a or Ti tl e I , Arti cl e 1 6, of the Zoning Ordinance of the City of Virginia Beach, Virginia, or any provision of a permit granted by the Wetlands Board or the Commission pursuant to Title 62.1 , Chapter 2.2 of the Code of Virginia or Title I, Article 16, of the Zoning Ordinance of the City of Virginia Beach, Virginia, shall be guilty of a misdemeanor. Following a conviction, every day the violation continues shall be deemed a separate offense. 06/23/80 55 - Section 1615. Injunctions. In addition to and notwithstanding the provisions of Sect ion 62 .1 -1 3 . 20 : 7 of the Code of Virgi ni a and S ection 1 61 4 h erei n upon p eti t ion of the Wetlan ds Board to the Ci rcuit Court of the City of Virginia Beach, the Court may enjoin such unlawful act and may order the person so acting unlawfully to take such steps as are necessary to restore, protect and preserve the wetlands involved. Section 1616. Exemptions. Nothing in this Article shall affect any project or development (i) for which a valid building permit or final site plan approval has been issued prior to July one, Nineteen Hundred and Eighty; or (ii) which, if no building permit is required for such project including a locally approved mining operation, has been otherwise commenced prior to July One, Nineteen Hundred and Eighty, and certified as exempt by the Commission or the Wetlands Board; or ( iii) approved by the Counci 1 of the Cityof Virgin i a Beach pursuant to Ordinance No. 931 which was the Coastline rianagement Ordinance in effect from March 26, 1979 to July 1, 1980. Nothing in this Section shall be deemed to exclude from regulation any act i vi ty whi ch expands or en 1 arges upon a project already in existence or under construction. This Ordi nance shall be in f ul 1 force and ef f ect on July 1, 1980. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third day of June, 1980. 0 6/23/80 5 6 - Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Co unci 1 voted to upho l d the recommendati on of the PIannin g Commission and APPROVE the Ordinance to amend and reordain Article 1 6 of the Comprehens i ve Zoni ng Ordi nance of the City of Vi rgi ni a Beach by ADDING the Coastal Primary Sand Dune Ordinance and by REPEAL IN G Ordi nance No . 9 31 known as the Co as tl ine Mana gemen t Ordinance effective July 1, 1980. Voti ng I 1 - 0 Coun ci 1 Members Voti ng VE RBAL Ayes: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice tiayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 5 7 - 443 (ITEM II-G.4.c) ITEM #15295 Upon motion by Councilman Payne, seconded by Councilman Baum, City Coun c i I voted to uphol d the recommen dati on of the Pl an ni ng Commi ss ion and APPROVE the Ordinances for the closure of two portions of the Holland Road Curve (Princess Anne Borough); subject to the following: TO INCLUDE THE VEPCO EASEMENT TkE RETENTION OF AN EXISTING 20-FOOT DRAINAGE EASEMENT Voting: I I - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/23/80 5 8- P"lil@2@4' @4t;i444 AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF HOLLAND ROAD, PRINCESS ANNE BOROUGH, CITY OF VIRGINIA BEACH, VIRGItlIA. WHEREAS, proper notice that the City of Virginia Beach, Virginia, would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter portion of Holland Road closed, vacated and discontinued as a public road of the City of Virginia Beach was duly posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia and at two public places in the City of Virginia Beach, Virginia on the day of 19 WHEREAS, the land proprietors affected thereby have been duly notified; and WHEREAS, said application was made to the City Planning Commission and to the City Council and pursuant to the statutes in such cases made and provided, the Council appointed Viewers who have reported to the Council that no inconvenience to the public or to private individuals would result from such closing, vacation, and discontinuance; and WHEREAS, the City Planning Commission after proper notice and hearing, has reported thereon to the Council; and WHEREAS, it is the judgment of the Council that said portion of Holland Road should be closed, vacated and discontinued; now therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: the Section 1. That/certain portion of said Road described as follows in the Princess Anne Borough of the City of Virginia Beach, Virginia, is hereby closed, vacated and discontinued as a public road of the City of Virginia Beach, Virginia, said certain portion of said road not being needed for public use and travel. All that certain portion of Holland Road as shown as solid shaded area as it appears and is shown on that certain plat entitled "Plat Showing Excess Right-Of-Way On Holland Road And Property To Be Acquired By The City Of Virginia Beach, Virginia From James G. and Marilou Kollar," Scale: 1" = 50', dated August 31, 1978, revised: 9/26/78, prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, 06/23/80 5 9 - p4i;t 445 Virginia, said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 139 at Page 19 to which reference is made for a more particular description. Section 2. That 30 days after this date a copy of this Ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 3 day of June 1 9-80 JAR/ih 3/10/80 Approval subject to the following: 1. To include a VEPCO Easement. 2. The retention of an exis"ing 20-foot drainage easement. Certified to b,@.,a,,-t'r,ue excerpt from the minutes of the City Council of the City! bf Virg@nig Beach, Virg@n@,ia of June 23, 1980, adopted June 23., 1 98,0 Diane M. Ei@kmAn@, Deputy City Clerk -@iPROVED AS TO CONTENT SIGNATU,RE DEPARTMENT D cow of Vb t- in I= @ted b)- 06/23/80 6 0 - 446 AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF HOLLAMD ROAD, PRINCESS ANNE BOROUGH, CITY OF VIRGINIA BEACH, VIRGINIA. WHEREAS, proper notice that the City of Virginia Beach, Virginia, would make application to the City Council of the City of Virginia Beach, Virginia, described to have the hereinafter/portion of Holland Road closed, vacated and discontinued as a public road of the City of Virginia Beach was duly posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia and at two public places in the City of Virginia Beach, Virginia on the _ day of 19 WHEREAS, the land proprietors affected thereby have been duly notified; and WHEREAS, said application was made to the City Planning Commission and to the City Council and pursuant to the statutes in such cases made and provided, the Council appointed Viewers who have reported to the Council that no inconvenience to the public or to private individuals would result from such closing, vacation, and discontinuance; and WHEREAS, the City Planning Commission after proper notice and hearing, has reported thereon to the Council; and WHEREAS, it is the judgment of the Council that said portion of Holland Road should be closed, vacated and discontinued; now therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the certain portion of said road described as follows in the Princess Anne Borough of the City of Virginia Beach, Virginia, is hereby closed, vacated and discontinued as a public road of the City of Virginia Beach, Virginia, said certain portion of said road not being needed for public use and travel. All that certain portion of Holland Road as shown as solid shaded area as it appears on that certain plat entitled "Plat Showing Excess Right-Of-Way On Holland Road And Property To Be Acquired By The 06/23/80 61 - @P00142C@44 PAiii447 City Of Virginia Beach From Oswald S. Buyrn & Louise Whitehurst Buyrn," Princess Anne Borough, Virginia Beach, Virginia, Scale: 111 = 50', dated August 31, 1978, Revised 9/26/78, prepared by Bureau of Surveys and [,lapping, Engineering Division, Department of Public Works, Virginia Beach, Virginia, said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 139 at Page 18 to which reference is made for a more pa ticular description. Section 2. That 30 days after this date a copy of this Ordinance, certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of June 19 80 JAR/ih 3/7/80 Approval is subject to the following: 1. To include the VEPCO easement 2. Retention of an existing 20-foot d,rainage easement Certif,ted to be-a true-e-xcerpt from the minutes of the City Council Of thel City,,Df 'Vir'gin"la Beach of June 23, 1980, adopted June 23, 1980. Diane M. H,ickman, Deputy Clerk P-IOVED AS TO CONTENT 5IGNATURE DEPARTMENT ID AS rO FPr,,,'.i 06/23/80 p.oup2@k,44 PA,,,i448 ORDINANCE APPOINTING VIEWERS WHEREAS, the City of Virgin.ia Beach, Virginia, has given due and proper notice, in accordance with the statutes for such cases made and provided, that it would on this day apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuing of the hereinafter described portion of Holland Road in the Princess Anne Borough of the City of Virginia Beach, Virginia, and have filed such application with the said Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That C. Oral Lambert Robert J. Scott, and David M. Grochmal are hereby appointed to view the below described property and report in writing to the Council on or before , whether in their opinion, any, and if any, what inconvenience would result from the discontinuing, closing and vacating of that certain portion of Holland Road, located in the Borough of Princess Anne, City of Virginia Beach, Virginia, and described as follows: All that Certain portion of Holland Road as shown as solid shaded area as it appears and is shown on that certain plat entitled "Plat Showing Excess @i-ght-Of- Way On Holland Road And Property To Be Acquired By The City Of Virginia Beach, Virginia From James G. and Marilou Kollar," Scale: 1" = 50', dated August 31, 1978, revised: 9/26/78, prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, said plat being recorded in the Clerk's Office of the Circuit court of the City of Virginia Beach, Virginia in Map Book 139 , at Page 19 to which reference is made for a more particular description. APpROVED AS TO CONTENT EY 06/23/80 449 6 3 - IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF P E T I T I 0 N HOLLAND ROAD TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Petitioner, City of Virginia Beach, respectfully represents: 1. That pursuant to the provisions of Section 15.1-364 of the Code of Virginia, 1950, as amended, the said petitioner applies for the vacating, closing and discontinuing of a portion of a certain road situate in the Borough of Princess Anne, City of Virginia Beach, Virginia, and described as follows: All that certain portion of Holland Road as shown as solid shaded area as it appears and is shown on that certain plat entitled "Plat Showing Excess Right-Of- Way On Holland Road And Property To Be Acquired By The City Of Virginia Beach, Virginia From James G. and Marilou Kollar," Scale: 1" = 50', dated August 31, 1978, revised: 9/26/78, prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 139 at Page 19 to which reference is made for a more particular description. 2. That no inconvenience will result to any person by reason of the said closing, vacating and discontinuing of this portion of said road, and petitioner prays that this Honorable Council appoint Viewers as provided by the aforesaid statute to view the portion of the said road to be closed and report in writing to this Council on or before , 19 whether, in the opinion of the said Viewers, any, and if any, what inconvenience would result from the discontinuing of this portion of said road. 3. That on the _ day of 19 notices of the presenting of this application were posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, and at two other public places within the said City, as evidenced by the affidavit attached hereto, and a copy of said notice. Respectfully submitted, OFFICE OF THE CITY ATTORNEY CITY OF VIRGINIA BEACH 06/23/80 6 4 - C@Icak2C,44 PAI;I 41-)0 ORDINANCE APPOINTING VIEWERS WHEREAS, the City of Virginia Beach, Virginia, has given due and proper notice, in accordance with the statutes for such cases made and provided, that it would on this day apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuing of the hereinafter described portion of Holland Road in the Princess Anne Borough of the City of Virginia Beach, Virginia, and have filed such application with the said Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That C. Oral Lambert, David M. Grochnal, and Robert J. Scott are hereby appointed to view the below described property and report in writing to the Council on or before , whether in their opinion, any, and if any, what inconvenience would result from the discontinuing, closing and vacating of that certain portion of Holland Road, located in the Borough of Princess Anne, City of Virginia Beach, Virginia, and described as follows: All that certain portion of Holland Road as shown as solid shaded area as it appears on that certain plat entitled "Plat Showing Excess Right-Of-Way On Holland Road And Property To Be Acquired By The City Of Virginia Beach From Oswald S. Buyrn & Louise Whitehurst Buyrn," Princess Anne Borough, Virginia Beach, Virginia, Scale: 1" = 50', dated August 31, 1978, Revised 9/26/78, prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, Virginia Beach, Virginia, said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 139 at Page 18 to which reference is made for a more particuta-r description. OV7.D AS TO CO" @Ef 06/23/80 BfUl@2@44 45i IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF P E T I T I 0 N HOLLAND ROAD TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; Petitioner, City of Virginia Beach, respectfully represents: 1. That pursuant to the provisions of Section 15.1-364 of the Code of Virginia, 1950, as amended, the said petitioner applies for the vacating, closing and discontinuing of a portion of a certain road situated in the Borough of Princess Anne, City of Virginia Beach, Virginia and described as follows: All that certain portion of Holland Road as shown as solid shaded area as it appears on that certain plat entitled "Plat Showing Excess Right-Of-Way On Holland Road And Property To Be Acquired By The City Of Virginia Beach From Oswald S. Buyrn & Louise Whitehurst Buyrn," Princess Anne Borough, Virginia Beach, Virginia, Scale: 1" = 50', dated August 31, 1978, Revised 9/26/78, prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, Virginia Beach, Virginia, said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 139 at Page 18 , to which re erence is made for a more particuta-r description. 2. That no inconvenience will result to any person by reason of the said closing, vacating and discontinuing of this portion of said road, and petitioner prays that this Honorable Council appoint Viewers as provided by the aforesaid statute to view the portion of the said road to be closed and report in writing to this Council on or before , 19 , whether, in the opinion of the said Viewers, any, and if any, what inconvenience would result from the discontinuing of this portion of said road. 3. That on the - day of 19 notices of the presenting of this application were posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, and at two other public places within the said City, as evidenced by the affidavit attached hereto, and a copy of said notice. V, l@ t le,k's Oflice, Cilcuit Cou,t o/ Viginia Beach @f .................. 1 19 ..... @.. at.. this inst,ument w@ ec@ived and upo@ the ............ nowledgment thereto annexed, ad@itted t@ r.cord. "The tax imposed by SS58-54.1 -i the Code, has been aid, i@ the amount of I ................ x p 0 .. .... .... ... . TESTE: J. CURTIS FRUIT, Clerk C. By-/l 06/23/80 6 6 - 0 R D I N A N C E S F I R S T R E A D I N G S (ITEM II-H.l.a.1 ITEM #15296 AN ORDINANCE TO PROVIDE AN ADDITIONAL CORRECTIONAL OFFICER IN THE SHERIFF'S OFFICE WHEREAS, the State Compensation Board due to the lack of funding is unable to approve any add i tio na l correct ional off icer positions for the City of Virginia Beach; and, WHEREAS, there is a need for one ad ditio na l correctio na l o fficer in the Youth Di vis ion of the Sh eri f f ' s Off ice in order to retain the present staff and maintain accreditation with the State; and, WHEREAS, the funding needed to create an additional correctional officer position for the 1981 fiscal year is $8,784. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virgin i a Beach t hat fun ds of $8 , 784 be app ro priated from the Genera l Fun d Bal an ce to c reate one addi tio na l correctio na l off i cer pos i tion for the 1 981 fi scal year in the Sh eriff's Offi ce. FIRST READING: 23 June 1980 SECOND READING: This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach Virginia, on the day of 1980. 06/2 3/80 6 7 - Upon motion by Councilwoman Oberndorf, seconded by vice Mayor McCoy, City Co unci 1 voted to APPROVE ON FIRST READI N G the Ordi nan ce to pro - vide an additional correctional officer in the Sheriff's Office. Mr. Giles G. Dodd, Acting City Manager, advised Council the City Manager has written letters to the Board of Corrections and the Compensation Board regarding the fact that they had required the pos i tion and the Compens ation Board di d not fun d the pos i tion . Voti ng I 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell,* Barbara M. Henley, Clarence A. Holland, vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None *COUNCILMAN FERRELL VOICED A VERBAL "AYE". 0 6/23/80 6 8 - (ITEM II-H.I.a.2) ITEM #15297 AN ORDINANCE TO ACCEPT FUNDS TOTALING $23,792 FROM THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY AND TO APPROPRIATE THESE FUNDS WHEREAS, the City of Virginia Beach has participated and wishes to continue its participation in the Section 8 Housing Program; and, WHEREAS, the City of Virginia Beach has entered into an agreement with the Virginia Housing Development Authority (VHDA) to participate in the Program; and, WHEREAS, the Office of Housing and Community Development has been designated to administer the Program, which will assist in housing the under-privileged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept funds for the City, and funds are hereby appropriated for the following purpose: Section 8 $23,792 BE IT FURTHER ORDAINED that the appropriations will be financed by $23,792 estimated revenue from VHDA, with no local match required; and, That two personnel positions are hereby authorized for the duration of the funding, to be paid from the funds, with the class of employees to be determined by the City Manager. FIRST READING: 23 June 1980 SECOND READING Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. 0 6/2 3/80 6 9 - Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE ON FIRST READING the Ordi nance to ac cept fun ds to ta l ing $23 792 from the Virginia Housing Development Authority and to appropriate these funds. It was noted the positions in the Ordinance are already employed, and at one time they were under Social Services. Voting 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/23/80 7 0 - (ITEM II-H.I.a.3) ITEM #15298 AN ORDINANCE TO INCREASE THE ADVANCE FROM GENERAL FUND TO THE PRINT SHOP INTERNAL SERVICE FUND BY $25,000 WH EREAS , the purc hase of several pi eces of equi pm en t and the need for an increase in printing charges has created this fiscal year an insuf fi ci ency in operating in the Print Shop Internal Service Fund; and, WHEREAS, an i nc reas e of $25 000 in the advance from the General Fund to the Print Shop will prevent a cash overdraft at June 30, 1980, and will provide the Print Shop with the flexibility to operate effectively. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the advance from the General Fund to the Print Shop Internal Service Fund be increased by $25,000. FIRST READING: 23 June 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 9 8 0 . Upon motion by Councilman Ervin, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Planager and APPROVE ON FIRST READING the Ordinance to increase the advance from General Fund to the Print Shop Internal Service Fund by $25,000. Voting: I 1 - 0 06/2 3/80 7 1 - Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 7 2 - ((ITEM II-H.2.a) ITEM #15299 AN ORDINANCE TO AMEND SECTION 37-33 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO WATER USAGE RATES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-33 of the Code of the City of Virginia Beach, Virginia, is hereby amended as follows: Section 37-33. Water Usage Rates. In addition to the charges provided for in Section 37-32, each consumer shall pay for water usage according to the following rate schedule: Consumption Rate (Bi-Monthly) 0 - 4,000 cubic feet $!;Qg@@GG $.793/100 cubic feet (O - 30,000 gallons) $7942@;ggg ($1.06/1000 gal I o n s ) 4,001 - 40,000 cubic feet $769@@QG $.778/100 cubic feet (30,001 - 300,000 gallons) $7929@1999 ($1.04/1000 gallons) Over 40,000 cubic feet $76;5@@gg $.763/100 cubic feet (Over 300,000 gallons) $vgg2@;ggg ($1.0211000 gallons) All consumers shall pay a minimum water usage fee of two dollars and fifty cents ($2.50) per month. Where a consumer uses more than one meter, the rates prescribed by this Section shall apply separately to each meter. The above water usage rate shall become effective with respect to all water consumed on and after July 1, 1980: FIRST READING: 23 June 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. 06/2 3/80 7 3- (ITEM II-H.2.a.a) AN ORDINANCE TO INCREASE APPROPRIATIONS AND ESTIMATED REVENUES IN THE WATER AND SEWER FUND BY $867,240 WHEREAS, the City of Norfolk has increased the cost of water to the City of Virginia Beach by llc per thousand gallons from 52.7cts to 63.7cts; and, WHEREAS, this rate increase will raise the purchase price of an estimated 7.9 billion gallons of water purchased by the City from the City of Norfolk in Fiscal Year 1981 by $867,240; and, WHEREAS, the Department of Public Utilities requires an appropriation of like amount for Fiscal Year 1981 to offset the additional cost, and City Council has increased rates to its customers to balance the additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $867,240 be appropriated to the Department of Public Utilities for the additional cost required in the purchase of water from the City of Norfolk. BE IT FURTHER ORDAINED that estimated revenues in the Water and Sewer Fund be increased by $867,240. This Ordinance shall be effective from date of adoption. FIRST READING: 23 June 1980 SECOND READING: Adopted by the Council of the City of Virginia Beach Virginia, on the day of 1 9 80 . 0 6/23/80 7 4 - Upon motion by Councilman Ervin, seconded by Vice Mayor McCoy, City Co unci 1 vot6d to uph61 d the recommendation of the City Manager and APPROVE ON FIRST READING the Ordinance to amend Section 37-33 of the Code of the City of Vir,ginia Beach relating to water usage rates; AND, the Ordinance to increase appropriations and Estimated Revenues in the 'viater and Sewer Fund by $867,240. Voting: 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/23/80 7 5 - (ITEM II-H.l.b.1) ITEM #15300 AN ORDINANCE TO TRANSFER FUNDS OF $29,690 FOR THE PURCHASE OF A DISC SCANNER AND AN INTERACTIVE SOFTWARE PACKAGE. WHEREAS, the Department of Public Works desires to upgrade the City's Mapping Program by purchasing a Disc Scanner and an Inter- active Software Package; and, WHEREAS, the purchase of these items will improve the search and retrieval process of the Mapping -@ystem fc)r Computer Terminal users; and, WHEREAS, the cost of a disc scanner and an interactive Software Package is $33,060; and, WFIEREAS, the Department of Public Works, Bureau of Surveys and Mapping has available funds in its personal services of $29,690 that can be transferred to the Department of Data Processing for the purchase of these items; and, WHEREAS, the Department of Data Processing has the additional funds needed for the purchase and the installation of the equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds of $29,690 be transferred from the Department of Public Works to the Department of Data Processing for the purpose of purchasing a Disc Scanner and an Interactive Software Package. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the twenty-third day of June, 1980. Upon motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance to transfer funds of $29,690 for the purchase of a Disc Scanner and an Interactive Software Package. 0 6/23/80 7 6 - Voting: I 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/23/80 7 7 - B I D S (ITEM II-H.l.c.1) ITEM #15301 The following bids have been received for the Green Run-Agagona- Princess Anne Sanitary Sewer Facilities: Pump Station 36-A, 74-A, 92-A Crowder Contracting Company, Inc. $148,950.00 Woodington Electric, Inc. $172,850.00 Warwick Plumbing & Heating Corp. $184,851.00 Engineer's Estimate $165,000.00 Pump Station 21-C and 35-C Luke Construction Company, Inc. $ 20,000.00 Gavco Corporation $ 2 0 , 3 5 5 . 0 0 Woodington Electric, Inc. $ 2 2 , 2 9 2. 0 0 Crowder Contracting Company, Inc. $ 22,300.dO Engineer's Estimate $ 20,200.00 Pump Station 39-C Crowder Contracting Company, Inc. $ 88,800.00 Luke Construction Company $127,250.00 Woodington Electric, Inc. $140,484.00 Engineer's Estimate $ 75,000.00 Pump Station 19-C and 29-C Vloodington Electric, Inc. $ 53,337.00 Crowder Construction $ 57,700.00 Luke Construction Company $ 64,000.00 Engineer's Estimate $ 65,000.00 Bow Creek Force Main A & W Contractors, Inc. $ 92,208.70 Carter-Bell Corporation $ 92,334.00 Inner-View, Ltd. $ 98,674.00 Basic Construction Company $108,572.00 A. Stanley Mundy and Company $109,125.00 Vico Construction Company $109,723.70 M. E. Wilkins, Inc. $112,767.45 Suburban Grading & Utilities, Inc. $120,027.00 Floyd B. Smith Contracting Company $141,338.20 Engineer's Estimate $120,941.44 0 6/23/80 7 8- Upon motion by Councilman Baum, seconded by Councilman Payne, City Council voted to uphold the recommendation of the City Manager and APPROVE the following low bids for the Green Run-Aragona-Princess Anne Sani tary Sewer Faci 1 i ties; and , further autho rized the City Manager to enter into the necessary agreements for the implementation of these projects: Crowder Contracting Company, Inc., in the amount of $148,950.00 for Pump Station 36-A, 74-A and 92-A; Luke Construction Company, Inc., in the amount of $20,000.00 for Pump Station 21-C and 35-C; Crowder Contracting Company, Inc., in the amount of $88,800.00 for Pump Station 39-C; Woodington Electric, Inc., in the amount of $53,337.00 for Pump Station 19-C and 29-C; and, A & W Contractors, Inc., in the amount of $92,208.70 for the Bow Creek Force Main. Voti n g 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Mey era E . Ob ern do rf , J . Curt is Payne , Ro ger L . Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 - 79 - (ITEM II-H.l.c.2) ITEM #15302 Upon motion by Councilman Ferrell, seconded by Councilman Holland, City Coun ci I voted to upho l d the recommendation of the City Manager and DEFER UNTIL JULY 7, 1980, the low bid of M. E. 1,4ilkins, Inc., in the amoun t of $1 1 2 997 . 58 for the B radford Terrace S ani tary Sewer Fa ci Ii ties. Voting: 11 - 0 Council Members Voting Aye: for deferral John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Stahding Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 - 80 - C I T Y C 0 D E A M E N D M E N T S (ITEM II-H.2.b) ITEM #1 5303 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 7 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING THERETO ARTICLE V PERTAINING TO MOPED RENTAL BUSINESSES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 7 of the Code of the City of Virginia Beach is hereby amended by adding thereto the following Article: ARTICLE V. MOPED RENTAL BUSINESSES Section 7-28. Definition. (1) Moped - a bicycle propelled by a helper motor rated 1 ess than one brake horsepower, which produces only ordinary pedaling speeds up to a maximum of twenty (20) miles per hour. Section 7-29. Sign Required on Premises. Each owner of a business intending to rent or lease mopeds to the public shall post a clearly legible sign in a prominent place on his premises where said sign will be seen and read by a reasonably observant customer. Such siqn will contain the fol lowing information: 1 Must be 16 years or older to operate moped. (2) Valid identification required of all customers. ( 3 ) Customers must be familiar with and obey traffic laws. Violations will be prosecuted by police. (4) Riding is prohibited on the Boardwalk, beach and sidewalks. It shall be unlawful for any owner of a moped rental business to operate said business without complying with the provisions of this Section. 0 6/2 3/80 -81 - Section 7-30. Illegal Rentals. It shall be unlawful for an owner, manager, operator or employee of a moped rental business to: (a) Lease or rent a moped to anyone under sixteen (16) years of age. ( b )Lease or rent or offer to rent a moped not in compliance with the equipment, licensing and registration requirements of this ter. (c) Lease or rent or offer to rent a moped which produces ordinary pedaling speeds in excess of twenty (20) miles per hour on a level surface. Section 7-31. Penalty. Any person who shall violate any provisions of this Article shall be guilty of a Class IV misdemeanor. This Ordinance shall be effective 30 days from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third day of June, 1980. Mr. Bill West, operator of a moped business on Fourth Street, appeared regarding this matter. Upon motion by Councilman Ervin, seconded by Vice Mayor McCoy, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance to amend and reordain Chapter 7 of the Code of the City of Virginia Beach by adding thereto Article V pertaining to moped rental businesses. Voting: I I - 0 0 6/23/80 8 2 - Council Members Voting Aye: John A. B aum , F. Rei d Erv i n , George R . Ferrel I Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs*, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None *COUNCILMAN RIGGS VOICED A VERBAL "AYE". 0 6/23/80 - 8 3 - (ITEM II-H.2.b.a) ITEM #15304 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 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 four (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 ($100,000) per person and Three Hundred Thousand Dollars ($300,000) per accident and property damage liability insurance in the amount of Ten Thousand Dollars ( $ 1 0 , 0 0 0 ) .For the purposes of this Section the term self-propelled vehicles having less than four (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 upon date of adoption. DEFERRED FOR SIXTY (60) DAYS: 23 June 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of _ 1 1980. Mr. Bill West, operator of a moped business on Fourth Street, appeared regarding this matter. 06/23/80 - 8 4 - Upon motion by Councilman Ervin, seconded by Councilman Riggs, City Co uncil voted to DE FE R UNTIL AUGUST 25 , 1 980 the Ordinan ce to amend and reordain Section 20-59.2 of the Code of the City of Virginia Beach, Virginia, pertaining to insurance required for certain vehicle rental businesses. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf*, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None *COUNCILWOMAN OBERNDORF VOICED A VERBAL "AYE". 0 6/23/80 85 - (ITEM II-H.2.c) ITEM #15305 AN ORDINANCE TO AMEND AND REORDAIN SECTION 13 OF THE ORDINANCE DATED MARCH 17, 1975, RELATING TO CABLE TELEVISION FRANCHISE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, by Ordinance, dated March 17, 1975, Council set forth the terms and conditions upon which a Cable Television Franchise would be granted by the City of Virginia Beach; and, WHEREAS, on May 17, 1976, Council awarded said Franchise, pursuant to the terms and conditions of the above noted Ordinance, to Cox Cable Television; and, WHEREAS, the City and the Grantee desire to change the provisions of Section 13A, as amended on December 18, 1978, and Section 13D of the above noted Ordinance of March 17, 1975, the Grantees consent being evidenced by the letter of its duly authorized corporate officer attached hereto.. NOW, THEREFORE, BE IT QRDAINED THAT Section 13A, as amended on December 18, 1978, and 13D of the above noted Ordinance of March 17, 1975, are hereby amended and reordained as follows: 13. Security Fund. A. Delete the last sentence which reads: ;t446--ff aR4gh4Se -@s-4A-et-feGt . 0 6/23/80 - 86 - D The cash deposit and accrued interest thereon and and the construction performance bond and operating performance bond posted pursuant to paragraph A of this Section is cancel ed by reason of default of the Grantee. The cash deposit shall be retained by the City and returned to the Grantee at th e expiration of the franchise provided there is then no outstanding default on the part of the Grantee. This Ordinance shall become effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the twenty-third day of June, 1980. Upon motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted to uphold the request of the City Manager and APPROVE the Ordinance to amend and reordain Section 13 of the Ordinance dated tlarch 15, 1975, relating to Cable Television Franchise. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/2 3/80 - 8 7 - B 0 A R D S A N 0 C 0 M M I S S I 0 N S (ITEM II-I.1) ITEM #15306 Upon motion by Coun ci I woman Oberndor f , secon ded by Cou nc i 1 man Ferrel 1 City Council voted to APPOINT Colonel Carl J. Nagle to the MINIMUM HOUSING BOARD OF APPEALS for a two-year term beginning July 1, 1980 and terminating June 30, 1982; and, REAPPOINTED the following for terms of two-years , beg in ning Jul y 1 , 1 980 and end i ng June 30 , 1 982 Mr. Douglas Blankenship Mrs . Betty Romulus Mr. Floyd E. Waterfield, Jr. Vo tin g 1 1 - 0 Council Members Voting Aye: John A. Baum, F. Re i d Ervin, George R. Ferrel I , Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 - 8 8- (ITEM II-I.2) ITEM #15307 Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council voted to REAPPOINT the following to the SOCIAL SERVICES BOARD for terms of four (4) years, beginning July 1 , 1980 and ending .June 30, 1984: Mrs. Eileen K. Ayvazian Mr. C. S. Cashman Voting: 111-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 89- (ITEM II-1.3) ITEM #15308 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor McCoy, City Council voted to APPOINT Robert W. Clyburn to the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION for a term of th re e 3) years , begi nnin g July 1 , 1 980 and ending June 30 , 1 983 Vo tin g 11 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 06/23/80 9 0 - 0 L D B U S I N E S S (ITEM II-J.1) ITEM #15309 City Attorney Bi mson presented the fol I owi ng ruiing at the requ es t of Mayor Patri ck L . Stan di ng con cernin g Rober t's Rul es of Order and a rul ing made by the Mayor during the meeting of 16 June 1980 regarding the "Our Own" publication. "The ruling was proper. According to Robert's Rules of Order the Mayor does have such authority, be ing vested as Ch ai rman of this Assembly , an d I recommend to the City Manager that the decision of the Li brary Board the Mayor b as ed his rul i ng on, be implemented when the Minutes were approved today (23 June 1980)." ITEM #15310 Upon motion by Councilwoman Oberndorf, seconded by Councilman Riggs City Council voted to hold a Regular Meeting on 7 July 1980 for the purpose of reorganization and other pertinent matters of Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A.Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 0 6/23/80 - 91 - ITEM #1 531 1 Council woman Oberndor f compl emen ted the Pu bl ic In formation Office on the work they put into the Virginia Beach Almanac, which was published in the newspaper, an insert in the BEACON. ITEM #15312 Co un c i 1 man H ol 1 and advi sed Coun ci 1 of the pro bl ems he was ex perien ci ng with the motions Council has been making the past several weeks, and wo ul d ho pe that , that type of ac tion wi I 1 not be taki ng place at the future meetin gs of City Co unci 1 . ITEM #15313 Upon motion by Councilman Payne, seconded by Councilman Riggs, and by UNANIMOUS vote, the meeting adjourned at 9.-15 p.m. Diane M. Hickman, Deputy City Clerk Ruth Hodges@Smith, City Clerk @a37or Patri( 9 City of Virginia Beach, V i r g i n i a 23 June 1980 h 6/2 3/80