The URL can be used to link to this page

Home My WebLink AboutSEPTEMBER 17, 1979 CITY OF VIRGINII BEICI MUNICIPAL CENTER -Eaty"t @.$O,t City" VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., R.y,id@ B@'..gh VICE MAYOR J, HENRY M,COY JR., D.D.S., K,.p,,ill@ B@,..gh DONALD W. MERRICK, Ly-b ... @ B@,..gb JOIIN A. BAUM, B.,@.gh AIEYERA E. OBERNDORF, A, L.,g@ F. REID ERVIN, A, L.,g@ J. CURTIS PAYNE, P,i.,@,, A@.@ B .... gb GEORGE R. FERRELL, At L.,, ROGER L. RIGGS, Vigi@i. B@.@b B.,@.gh BARBARA M. HENLEY, P.@g. B.@.gb RUTII HODGES SMITH, Cily Cl@,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: Monday, 17 September 1979 - 1:00 p.m. A. CALL TO ORDER - Mayor Patrick L. Standing B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO TNFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Motel/Hotel Line Fees: Discussion 2. City Council Voting Machines: Discussion 3. Erosion Commission's Report on "The Commercial Dredging of Rudee Inlet in April, 1979" 4. CZO Amendment - Article 2, Section 203 - Off- Street Parking Requirements 5. Mobile Home - Dicussion IMTE II FORMAL SESSION: Monday, 17 September 1979 - 2:00 p.m. A. INVOCATION - Reverend William H. Perry Upper Room Church C)n -he Rock Church of God In Christ B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 10 September 1979 2. Motion to accept/approve the Minutes of 27 August 1979 E. RESOLUTIONS 1. Letter from the City Manager recommending that City Council approve a Resolution submitting $15,507 application to Virginia Division of Litter Control. 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 dis- cussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered sepa- rately. F. CONSENT AGENDA (continued) 1. Letter frc)m tlie City Manager recommending tbat City Council approve the Ordinance to amend and reordain Chapter 23 of the Code of the City of Virginia Beach by adding Section 23-63 prohibiting resale of tickets to certain pliblic events. 2. Letter from the City Manager recommending that City Council approve a Resolution authorizing the City Manager to execute a quitclaim deed to complete the settlement involved in the litigation between Great Neck Village Associates and the School Board of the City of Virginia Beach. 3. Letter from the City Manager reconnending that City Council approve the following Raffle permits: Suburban Junior Women's Club Raffle Kempsville High School Booster Club - Kempsville High Scliool Band Parent's Association Raffle Davis Corner Volunteer Fire and Rescue Ladies' Auxiliary Raffle Trinity Church Green Run Raffle G. PLANNIN(; ITEMS 1. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for approval of the application of The Big Four, for a change of zoning from R-7 Residential District to A-2 Apartment District on a 2.5 acre parcel located at the south- west intersection of Norfolk Avenue and Rudee Avenue (Virginia Beach Borough). 2. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for approval of the application of Thomas R. Terry for a variance to Section 4.4(d) of the Subdivision Ordinance which re- quires that each lot created in a subdivision have direct access to public street. He wishes to subdivide a 2.35 acre parcel located north of Bray Road and Ingram Road into two lots. 3. Letter from the City Manager transmitting tbe recom- mendation of the Planning Commission for approval of the application of Lynn Huffingham for a conditional use per-mit for dune disturbing activity on a .148 acre parcel located on tlie east side of Morton's Road, north of Ocean View Avenue (Bayside Borough). 4. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for approval of the application of Seawall Enterprises, Inc., for a conditional use permit for dune disturbing activity on a 5,000 square foot parcel located on the south side of Ocean View Avenue, east of Beaufort Avenue (Bayside Borough). 5. Letter from the City Manager transmitting tbe recom- mendation of the Planning Commission for denial of the application of National Pride Equipment, Tnc. for a conditional use permit for a car wash on a .617 acre parcel located on the east side of South Witchduck Road, soutli of Brady Court (Kempsvill.e Borough). THIS REQUEST WAS DENIED BY COUNCIL ON AUGUST 13, 1979 AND ON AUGUST 27, 1979 CITY COUNCTL VOTED TO RECON- SIDER THIS REQUEST. G. PLANNING ITEMS (contintled) 6. Letter from tbe City Manager transmitting the recom- mendation of the Planning Commission for approval of the Ordinance to amend and reordain Article 4, Section 401(c) of the CZO pertaining to use regulations for community centers. 7. Letter from the City Manager traiismitting the recom- mendation of the Planning Commission for approval of the Ordinance to amend and reordain Article 2, Part C, Section 234 of the CZO pertaining to conditional uses and structures. 8. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for approval of the Ordinance to amend and reordain Article 11, Section 1113 of the CZO pertaining to housing requirements in tlie PD-H Planned Devel.opment-Housing District. 9. Letter from tlie City Manager transmitting the reCC)m- mendation of Llie Planning Commission for approval of the Ordinance to amend and reordain Article 1, Section 105 of tbe CZO pertaining to nonconforming uses. H. ORDINANCES 1. General a. Letter from the Ci.ty Manager recommending that City Council approve the following Ordinances: 1. The Ordinance to amend and reordain Section 37-29(C)(2) of the Code relating to line fees for motels and hotels 2. The Ordinance to amend and reordain Section 29-3(C)(2) of the Code relating to line fees for motels and hotels. 3. The Ordinance to amend Section 37-29(C) of the Code by adding a new Section 37-29(C) (2.1) relating to line fees for structures with two or more family residential units. 4. The Ordinance to amend and reordain Sections 37-29(B)(2) and 37-29(B)(2.1) C)f the Code relating to tine fees for motels, hotels, and structures with two or more family units. 5. The Ordinance to amend and reordain Sections 29-3(B)(2) and 29-3(B)(2.1) of the Code re- lating to line fees for motels, hotels, and structures with two or more family units. 6. The Ordinance to amend Section 29-3(C) of the Code by adding a new section 29-3(C) (2.1) relating to line fees for structures with two or more family residential units. 2. Second Readings a. City Council is requested to approve on second reading the Ordinance to increase appropriations in the amount of $11,575 in tlie Pendleton Child Service Center Budget. b. City Council is requested to approve on second reading the Ordinance to transfer and appropriate funds in the amount of $2,034,951 for the City Employee across-tlie-board salary increase and implementation of the Dental Health Plan. 2. Second Readings (continued) C. City Council is requested to approve on second reading the Ordinance to accept a grant totaling $50,000 from the Commonwealth of Virginia and to appropriate these funds. d. City Coilncil is recluested to approve on second reading tlie Ordinance to accepr a granr totaling $76,137 from State Aid to Public Libraries and to appropriate these funds. 6. City Council is requested to approve on second reading tbe Ordinance to accept a grant totaling $21,777 from the Division of Justice and Crime Prevention and to appropriate these funds. 3. Appropriations a. First Readings 1. Letter from the City Manager recommending apprc)val of the Ordinance tD increase approp- riations and transfer existing appropriations in the Mental Retardation/Developmental Dis- abiliti,!E; (@IR/DD) Program budget in the amount of $25,993 (FIRST READING) 2. Letter from the City Manager recommending approval of the Ordinance to increase approp- riations in tlie amount of $9,207 in the Com- prehensive Mental Health Program Budget (FIRST READING) 3. i,etter from the City Manager recommending approval of the Ordinance to appropriate funds in the amount of $13,200 for an additional Probation Counselor for the Juvenile Probation Division (FIRST READINC). 4. Letter from the City Manager recommending approval of the Ordinance to increase in the amounL of $12,023 appropriations in the Comprehensive Substance Abtise Program Budget (FRIST READING) 5. Letter from Lhe City Manager recommending apl)roval of the Ordinance to appropriate funds in the amount of $3,050 for a part-time printer trainee in the print shop. (FIRST READING) b. Bids - None C. Grants - None J. OLD BUSINESS 1. Laura Adams/Tate - Mobile Home 2. Appointments to Boards/Commissions. K. NEW BUSINESS - None L. ADJOURN@IENT 1. Motion to adjourn Minutes of the Honorable City Couricil OF THE CITY OF VIRGIrlIA BEACH, VIRGINIA September 17, 1979 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Vice Mayor J. Hpnry McCoy, Jr., in the Conference Room, in the Administration Building, on Monday, September 17, 1979, at 1:00 p.m. Council Members Present: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. [lenry McCoy, Jr., Donald 11. Merrick, J. Curtis Payne, and Roger L. Riggs Council Members Absent: John A. Baum, Clarence A. Holland*, Meyera E. Oberndorf**, and Mayor Patrick L. Standing ITEM #14194 Vice Mayor McCoy entertained a motion to permit Council to conduct an INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointr,lent, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. (Personnel Matters) 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property). 3. Consultation with legal counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal rlatters) On motion by Councilman Ervin, seconded by Councilman Ferrell, City Council voted to proceed into the EXECUTIVE SESSIOr4 following the INFORMAL SESSION. Voting: 7-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice tlayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, and Roger L. Riggs Council Members Voting Nay: None Council Members Absent: John A. Daum, Clarence A. tiolland, Meyera E. Oberndorf, and tiayor Patrick L. Standing 2 - ITEM #14195 *COUNCILMA@l HOLLAND ENTERED tlEETING AT 1:03 p.,M. Councilman Riggs indicated he attended the Citizens Day participation Saturday, September 15, 1979, on Shore Drive, and requested Members of Council to go see the American Flag that was raised. The size is twenty-three feet by forty feet and is one of the prettiest and largest flags around. ITEM #14196 Councilman Riggs indicated that on Friday, September 14, 1979, a meeting was held with the Beach Borough Merchants to discuss the traffic and parking problems in the Beach Borough. For some time the City has pushed this matter off to the side, and Councilman Riggs requested the Council to direct a stronger priority to see if some of the problems can be resolved before next summer. Councilman Riggs further indicated he appointed a Committee of: Mr. Skip Hendricks, representing the Hotels and Motels Mr. Joe Howa, representing the Business Association Mr. Butch Kitchen, Old Virginia Beach Civic League t4r. Jim Keiser, North Virginia Beach Civic League to work with the City r@lanager and the Director of Public Works on this matter. The City Manager indicated his Staff is now transcribing the minutes of that meeting and they will be forwarded to Council upon completion. IT WAS NOTED THE ABOVE APPOI@ITMENTS ARE NOT A COMMITTEE APPOI@JTED BY CITY COUNCIL. MOTEL/HOTEL LINE FEES ITEM #14197 The City Manager indicated that last week (Septenber 10, 1979) there were several questions regarding the Ordinance for hotel/,notel line "ees, and the duplex fees. The City Manager indicated the question of duplex fees will have to be resolved as to a question of ownership. The Citv t4anager indicated he has tried to delineate the fact that there are two types of duplexes that would fall under the multifamily rates that are being changed, and two other types of "duplexes" that we consider single-family and are, therefore, not affected by the Ordinance. The following are the proposed changes to line fee structure: 0 9 / 1 7 / 7 9 - 3 - CITY LINE FEES CURRENT RATES PROPOSED RATES STRUCTURE: SEWER WATER SEWER WATER Single Family* 780 500 780 500 Duplexes: a. Up and down on one lot 1020 660 1120 720 b. Up and down condo* 1560 1000 1560 1000 c. Side by side on one lot 1020 660 1120 720 d. Side by side with lot line down common wall* 1560 1000 1560 1000 Townhouses: a. Each unit within a lot line on both sides* 780 500 780 500 b. More than one unit on a single lot: (per unit) 560 360 First 1st unit 780 500 For next 12 units per acre 240 160 For next 12 units per acre 475 315 For next 12 units per acre 710 470 For all units over 36 per acre 780 500 Motel and Hotel (per unit) 485 310 For first unit 780 500 For next 12 units per acre 240 160 For next 12 units per acre 475 315 For next 12 units per acre 710 470 For all units over 36 per acre 780 500 These rates are not affected by the proposed ordinances, as they have always been construed to be single-family rates. Our office has always taken the position that a single-family structure is that part of a building within lot lines which is capable of being sold. 0 9 / 1 7 / 7 9 - 4- DEVELOPER LINE FEES 1 CURRENT RATES PROPOSED RATES STRUCTURE: SEWER WATER SEWER WATER Single Family* 150 190 150 190 Duplexes: a. Up and down on one lot 200 190 220 270 b. Up and down condo* 300 380 300 380 c. Side by side on one lot 200 190 220 270 d. Side by side with lot line down common wall* 300 380 300 380 Townhouses: a. Each unit within a lot line on both sides* 150 190 150 190 b. More than one unit on a single lot, or apartment complexes (per unit) 110 135 For first 12 units per acre 100 190 For all units over 12 per acre 150 190 Motel and Hotel (per unit) 95 120 For first 12 units per acre 100 190 For all units over 12 per acre 150 190 1The developer fee pays for the prorata share of the backbone system being used; e.g. force mains, pump stations, water towers, standpipes, etc. *These rates are not affected by the proposed ordinances, as they have always been construed to be single-family rates. Our office has always taken the position that a single-family structure is part of a building within lot lines which is capable of being sold. 0 9/1 7/7 9 5 - COUNCIL VOTING MACHINES ITEM #14198 The City Manager indicated that Vice Mayor McCoy requested the matter of Voting Boards be placed on the INFORMAL AGENDA for discussion by Council Members. Councilman Ervin indicated that the Voting Board could be constructed in-house at a considerable savings. The City Manager indicated to Council that they will have to discuss whether they wish to vote electronically or as they do now. When that decision is made, the Staff will study this matter along with several cost figures. The City Manager further indicated the Staff could construct a Voting Board that was esthetically pleasing for the Council Chambers. **COUNCILWOMA.N OBERNDORF ENTERED INFORMAL MEETING AT 1:15 p.m. EROSION COTIMISSION'S REPORT ITEM #14199 The City Manager indica@led he will be handing to Council a report prepared by the Research Team of the City of Virginia Beach regarding h@_Loamercial d in of Rudee Inlet. The following is a review of the Research Team's findings: 1. The personnel of the Erosion Commission appear to be efficient and hard working; much of the repair work, boat building, and rebuilding of equipment has been performed by Commission personnel. 2. The Erosion Commission does not have a full-time Engineer to provide planning and coordination between Commission activities and the recommendations of its Consulting Engineer. 3. The single-most important factor which led to the delay of the overhaul is the absence of a complete parts inventory for the Dredge. A parts inventory could assure the quick completion of the required overhaul. It is recommended that a complete parts inventory be established and maintained. A cost estimate for this if $55,000. 4. Overhauls should be scheduled for early or late December each year to ensure completion prior to early spring. 5. Overtime represents 23 percent of the total payroll; consideration should be given to increasing the number of crews to eliminate or re- duce overtime. 6. A detailed equipment listing is not available to provide control over fixed assets. It is recommended that a detailed listing, including serial numbers, dates acquired and value, be maintained. To further improve overall effectiveness of the Inlet maintenance as well as the beach nourishment program, several approaches to the organization of the Erosion Commission were discussed. It was concluded that more effort needs to be put into the management and planning of the Inlet maintenance and beach nourishment program to eliminate the current inefficiencies experienced in program coordination. The logical location of this management is with the City of Virginia Beach with its substantial funding of the Erosion Commission as well as its commitments in terms of administrative support (primarily bookkeeping and payroll services). It was recommended that a separate functional division within the Department of Public Works be established to handle all water-related activities, with the continuance of the Erosion Commission as a policy-setting body. All water-related functions would be organized under one Division Head, thereby enhancing the management of those activities. 0 9 / 1 7 / 7 9 In addition, there would be the added benefit of the guidance of a group that has been devoted to beach nourishment since 1952, with members who have been on the Commission for almost as long. They have seen the Beach change and grow over this period and would continue to be able to offer guidance on its future. Itwas further recommended that the current Erosion Commission personnel become employees of this Division; in effect, everything would remain the same as it is now except the day-to-day operations and management of the beach nourishment program would be the responsibility of the Division Head employed by the City of Virginia Beach. This Division Head would work with the Erosion Commission and report to the Director of Public Works. It is important that the person be a technical person with a degree in Engineering and experienced in dredge operations. The management of the Erosion Commission's operations should also include a commitment to future improvements to the current Jetty system to alleviate the current rapid deterioration of the channel and the resulting need for almost continuous dredging. C7-0 AMENDMENT-ARTICLE 2, SECTION 203 - OFF STREET PARKING REQUIREMENTS ITEM #14200 The City Manager indicated that as Council will recall, the City had an Off-Street Parking Ordinance several years ago that limited the size of the truck to three- quarter ton. The proposed Ordinance is directed toward tracter trailers, and the size of the vehicle has been raised from three-quarter ton to one ton. MOBILE HOME ITEM @114201 The City Manager indicated he feels that the Ordinance the City has on the books now, which states "Mobile Hones are not allowed in any area in the City, except in Mobile Home Courts." should be enforced. When the City begins to exempt certain sections of the City, such has been done in the past, it creates many problems. The two exemptions are solely in the Agricultural Districts of the City. The City has received an increase in the number of requests from residents who wish to live in a Mobile Home in the Southern part of the City. This is becoming a problem for the City. The City Manager indicated the Council could repeal the two Ordinances and stay with the original Ordinance. ITEM #14202 The City Manager indicated that at last week's Council Meeting (September 10, 1979), Council discussed the meeting planned by Senator Peter K. Babalas on September 24, 1979, regarding Utilities Fees. Senator Babalas contacted the City Manager and indicated he was going to try to have the meeting date changed to October 4, 1979; however, as of this day the City Manager has not received a confirmation of the date. The City Manager handed copies of Senate Bill No. 181, which was presented by Senator Babalas. Section 15.1-28.1. Sewer and water connection fees - "No fee imposed by any County, City or Town for the connection of sewer and water services shall be charged to any person which exceeds an amount commensurate with the time, labor, materials and other actual expenses realized by such County, City or Town in rendering such service." 0 9 / 1 7 /7 9 7 LD0805 I SENATE Bil-L NO. 181 2 Offered January 20, 1978 3A BILL to at7icnd the Cde f Vir-pini-a by dding a section 4 number'ed 15.1-26.2, r,lting to ccrtain fees char_ped for sewer 5 and m,ater connection. 6 7 Patrons-Babalas and Wilder 8 9 Referred to the Committee on Local Government 10 11 Be it enacted by the General ASse mbly of Virginia: 12 1. That the Code of Virginia is amended by adding a section 13 numbered 15.1-28.2 as follows: 14 SS 15.1-28-2. Sewer and water contlection fees.-NO fe, imposed 15 by any county, city or town for tlie connection of sewer and mater 16 se@ices shall he charged to any person which exceeds an amount 17 con?rnensurate with fhe time, labor, rnaterials nd oth,r Oct@,l expenses realized by silch counly, city or to@,n in rendering such 19 service. 20 21 22 23 24 25 26 27 28 29 Official Use By Clerks Passed By 30 Passed By I'he Senate The House of Delegates 31 without amendment 0 without amendment El 32 with amendment 0 with amendment 0 substitute 0 substitute 0 33 substitute w/amdt 0 substitute w/anidt El 34 35 Date: Date: 36 37i Clerk of the Senate Clerk of the Tiouse o' Delegates 0 9 1 7 7 9 February 1, 1978 The Honorable Peter K. Babalas Senator I General Assembly Building 910 Capitol Street Room 312 Richmond, Virginia 23219 Dear Senator Babalas: This is in reference to Senate Bill No. 181 of which you are the Chief Patron, concerning fees imposed by localities for connection of sewer and water services. The bill states that no fee shall be charged which exceeds "... an amount c,m- mensurate with the time, labor, naterials, and Other actual expenses realized by such county, city, or town in rendering such service". am very uncomfortable with this bill because it appears that a locality could only impose a fee upon an individual for the actual cost to physically connect a building to city water or sewer. Clearly the cost of providing sewer or water ser- vices, which fOr the most part is collected in the form of a connection or line fee, is far in excess OL- the value o4-7 the line installed in the front of individual properties. There are many additional costs which must be recouped such as the cost of pumping stations, transmission mains, and storage tanks. Also, of particular concern to us is the cost to nrovide service to the resort area high-rise condominiums and @otels which is much greater than the initial cost of installing the line along tlieir property. The cost to provide an adequate distribution systeiu to meet proper minimuin pressures and fire flow demands is clearly a part of designing and constructing any utility system. 0 9 / 1 7 / 7 9 -9 - The Honorable Peter K. Babalas February 1, 1978 Page Two I believe Senate Bill No. 181 would unduly restrict us in collecting sewer and water connection fees from individuals and have a devastating affect on our fee structure. Therefore, I urge you to withdraw this bill until the full ramifications can be explored. ours, nbury GLII:DMG:pjb cc: The Honorable A. Joe 'Canada, Jr. The Honorable Joseph T. Fitzpatrick The Honorable Russell I. Townsend, Jr. The Honorable Stanley C. Walker Mr. R. L. DeCair bcc: Mr. Robert flouse, City Manager, City of Suffolk 09/17/79 1 0 - COMMONWEALTH OF VIRGINIA PETER K. B.S@I.S CO.MITTLE ASSIGNMENTS: @T.@ T. ..I.@ . . . . T. @..l . . . . 1.1. T. . . . . .11 T@ @@.1 I-A.. SENATE February 15, 1978 FEB 1,6 1FB Mr. George L. lianbury CM MANAGR City Manager cffy OF v mAr-H City of Virginia Beach Virginia Beach, Virginia 23456 Dear George: Thank you for your letter of February 1. Senate Bill No. 181 weht to a subcommittee and was reported back with compromise amendments, and then as Chairman, I moved the bill be carried-over until next year to give everyone a chance to digest it. With kind regards, I am Cordially yours, eter K. Babalas PKB:c 0 9/1 7/7 9 Iv -4- Senate-Finance Committee Bill Comments S.B. 312 This bill would provide that the family of any member of the Virgihia Supplemental Retirement System who dies after having completed at least five years Iof creditable service can receive benefits. At present, the individual must be at least 55 and have completed five years of service before benefits can be paid after death. This would be an addi- tional employee benefit, however, it could result in higher employee and employer contributions to the VSRS. Therefore, it is felt a study should be done of this change on munici- palities. Senate Local Government Corimittee Bill Comments 3.B. 105 This bill would prevent localities from-requiring a developer or subdivider to install streets, water, storm, and sanitary sewers which may exceed the requirements established by law or agency rule or regulation, except for good cause. This bill should be clarified to state that lqcal subdivision ordinances are not to be placed under the control of any state agency and that local subdivision ordinances may be more restrictive than state standards if local conditions warrant.,, .B. 181 This bill as currently amended states that "In setting fees or charges for the connection of publicly owned water and sewer services, every County, City, Town, or Public Authority shall consider the actual cost of pro- viding, and constructing the services; the cost of maintaining capacity for future growth; and debt service requirements." This language is much better than the original version of the bill and no%17 corresponds, for the most part, to the philosophy behind Virginia Beach's utility rate structure. iations Committee Comments 481 This bill would provide fre.o text books to each student in the Conmionwealth, beginning with grade one and adding a grade eacli year in asceiiding order. The Virginia Beacli School Board and City Council support this bill only if funding is made available by the state to conduct the program. As thc bill is currently written, there is lio funding incl-uded. 0 9/1 7 /7 9 - I - 1 2 - Councilwoman Oberndorf offered the following proposal: "The State Code allows more liberal payments to localities that use the "Special Assessment" method of sewer financing. Therefore, the current clean-out tap fee of $210.00, which is now due and payable immediately, go to a two (2) install- ment plan, which would allow a year deferrment on one-half of the cost with interest on the unpaid balance to be ap- proximately 6 percent per annum. As for the line charge I propose that it would be payable in ten (10) installments, (instead of three years to pay the fee, they would have ten years to pay the fee), at a rate of six percent per annum rather than the current three years at eight percent per annum." Councilwoman Oberndorf emphasized that "these plans should only be offered to individual homeowners upon whose property liens can be obtained and NOT to Corporations which are subject to dissolveinent and who have access to commercial financing in the normal course of business." Councilman Merrick indicated that when he was in the Public [Jtilities Departnient checking on the cost of putting sewer in Lynnhaven Colony, Lakesmith, etc., he asked Mr. Watts if the City took the subdivisions that are on the City's $39.9 Ilillion Bond Issue, plus, the $9.1 rlillion in Revenue Bonds, and all paying $480.00 how much would it cost the City? Mr. 1,4atts indicated it would cost approximately $2.5 Million. HAMPTOrl ROADS SAPIITATION DISTRICT ITEM #14203 COMMISSION The City Manager indicated that as Council is aware, the Hampton Roads Sanitation District Commission placed under contract the construction of the Atlantic Treat- ment Plant, and one thing going there will be a major surcharge operation. The closest source of sand HRSD could locate is on the Malbon property (which is adjacent to HRSD). The Malbon Brothers have submitted a Borrow Pit application; however, since time is of the essence it was requested that this matter be expedited and advertised for hearing before City Council after the application goes before the Planning Commission. (This matter will be heard by Council on October 15, 1979). This will waive the normal 30-day waiting period between meetings of the Planning Commission and the City Council. Council agreed. MAYOR STANDING ENTERED AT THE CLOSE OF THE EXEC(JTIVE SESSION (2:15 p.m.) 0 9 / 1 7 /7 9 - 1 3 - FORMAL SESSION ITEM #14204 Monday, September 17, 1979 2:15 p.m. Council Members Present: 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: John A. Baum INVOCATION was given by the Reverend William Ii. Perry, Upper Room Church on the Rock-Church of God in Christ. PLEDGE OF ALLEGIATICE (ITEM II-D.1) ITEM #14205 MINUTES On motion by Councilwoman Henley, seconded by Vice tlayor McCoy, City Council voted to APPROVE the Minutes of the regular meeting of August 27, 1979. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Ifenry 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: John A. Baum 0 9 / 1 77 9 -1 4- COUNCILMAN ERVIti LEFT COUNCIL CHAMBERS (ITEM II-D.2) ITEM #14206 Councilwoman Henley questionedthe Minutes of September 10, 1979, with reference to Item #14168 (Resolution regarding Holland Road, Phase Ill). Councilwoman Henley indicated that the motion include the option of bikeways, and it was not included in tlie Resolution. [low will this niatter be handled if it was not in the Resolution? The City Manager indicated the Staff has already conveyed Council's wishes to the State Highway Department. Vice Mayor McCoy indicated that in his iliotion he left the option open for a bikeway on Holland Road, Phase III, and ask the State Highway Department for their input regarding this matter. On motion by Councilwoman Henley, seconded by Vice Mayor McCoy, City Council voted to APPROVE the minutes of the Regular Meeting of September 10, 1979. Voting: 8-0 Council Members Voting Aye: 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 Mernbers Abstaining: George R. Ferrell Council Members Absent: John A. Baum, and F. Reid Ervin ITEM #14207 Mayor Standing introduced the Honorable Sidney S. Kellam, this year's King Neptune for the Neptune Festival. Mr. Kellam stated that while King Neptune he had an opportunity to visit many programs he was unaware of. . Mr. Kellam visited the City's nursing homes, which uplifted him when he saw the facilities; an opportunity to visit the Basketball on Wheels; Heritage Day, with an attendance of 100,000 people; and attended the Prayer Breakfast. COUNCILMAN ERVIN RETURNED TO CITY COUNCIL CHAMBERS 0 9/1 7/7 9 - 1 5 - (ITEM II-E.1) ITEM #14208 RESOLUTION R E S 0 L U T I 0 N WHEREAS, the City Council of the City of Virginia Beach recognizes that a litter problem exists within our Community; and, WHEREAS, the Virginia Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of Grants for the purpose of enhancing local litter control programs; and, WHEREAS, the City of Virginia Beach requests funds in the amount of $15,507 to execute a program to combat the litter problems in our Community; and, TIIEREFORE, BE IT RESOLVED, that the City Manager is authorized to submit such materials to the Virginia Division of Litter Control as may be required. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of Se tember 1979. On motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted to APPROVE the above Resolution requesting funds in the amount of $15,507 to execute a program to combat the litter problems in our Communitv; and further authorized the City Manager to submit such materials to the Virginia Division of Litter Control. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. lienry 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: John A. Baum 0 9 / 1 7 / 7 9 1 6- (ITEM II-F.]) ITEM #14209 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. On motion by Vice Mayor McCoy, seconded by Councilman Payne, City Council voted to APPROVE the following Ordinance to amend and reordain Chapter 23 of the Code of the City of Virginia Beach by adding Section 23-63 prohibiting resale of tickets to certain public events. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Claremce A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: flone Council Members Absent: John A. Baum 0 9/1 7 /7 9 - 1 7 - Requested by: City Manager/Economic Development AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 23 OF THE CODE OF THE '@ITY OF VIRGINIA BEACH BY ADDIT@G SECTION 23-63 PRO[FIBITING RESALE OF TICKETS TO CERTAIN PUBLIC EVENTS BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA BEAC[I, VIRGINIA: That Chapter 23 of the Code of the City of Virginia Beach be amended by adding thereto the following section: Section 23-63: Resa l e of Tic kets for Certain Publ ic Events. It shall be unlawful for any person, Firm or Corporation to resell for profit any ticket for admission to any sporting event, theatrical production, lecture, motion picture, or any other event open to the public for which tickets are ordinarily sold, except in the case of religious, charitable or educational organizations where all or a portion of the admission price reverts to the sponsoring group. Any violalion of this section by such person, Firm or Corporation shall constitute a Class 1 misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of September , 1979. For Authority see 15.1-29.3, Code of Virginia, as amended 0 9 1 7 /7 9 0 9 1 7 /7 9 2 0 - goo@2055 PArt THIS DEED OF QUITCLAItl, made this 6th- day of tember-, 1979. by and between THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEAC[I, VIRGINIA, and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, parties of the first part and GREAT NECK VILLAGE ASSOCIATES, a Virginia General Partnership, party of the second part. w I T N E S S E T 11: That for and in consideration of Ten Dollars (@@10.00), the receipt of which is hereby acknowledged, and other good and valuable consideration, the party of the first part releases and forever quitclaims unto the party of the second part all of its present rights, title and interest or hereafter a,q,ir,d and/or future rights, title and interest in and to the following described pro- perty, to wit: All that certain, lot, piece or parcel of land designated and shown as "SCHOOL LOT" on that certain plat entitled, "PLAN OF SUBDIVISION OF THOMAS BRAY EST." situate in Lynnhaven District, Princess Anne County, Virginia, dated May 1924, Scale 100, prepared by J. H. Milholland, re- corded in Map Book 7, at Page 31, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, to which reference is made for a more particular description. It is expressly understood and agreed that there is excepted hereto the following described property: All that certain piece or parcel of land designated and described as the "take'@ containing 0.053 acre (2,288.68 square feet@ more or less'land and outlined in red on that certain plat entitled, "PLAT SHOWING PROPERTY OWNED BY S. L. NUSBAum, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, DESIGNATED AS PARCEL 135 PROJECT NO. U000-i34- 103, R/W 201," Scale: 1" = 50', dated April 15, 1975, prepared by Baldwin and Gregg, Ltd, Portsmouth, Virginia, said plat being attached hereto and made a part hereof and to which reference is made for a more particular description. It is expressly understood and agreed that this conveyance is made subject to the permanent drainage and utility ease- ments as shown on the aforementioned plat and also subject to easements, restrictions and cov,nants of record in the chain of title and which have not expired by operation of law or otherwise. 0 9/1 7 /7 9 - 2 1 - r,f,f)y2o,55 A@i 181 Together with all that certain lot, piece or parcel of land and permanent drainage easement previously conveyed to the City of Virginia Beach, Virginia, by Ruby C. Braye, Widow by deed dated October 8, 1975, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1523, at Page 758. WITNESS the following signatures and seals: TIIE SCHOOL BOARD OF TFIE CITY OF VIRGINIA BEACH BY Chairman SEAL ATTEST: i@t e CITY OF VIRGINIA BEACH BY City Manager SEAL ATTEST: City Clerk 0 9 1 7 /7 9 2 2 - 900@'2055 i-4g@i 18? STATE OF VIRGINIA CITY OF VIRGINIA BEACH, tO wit: 11 deannette U. SDaraos a Notary Public in and for the City and State aforesaid do hereby certify that Robert H. npfnrd- ]r. of THE SCHOOL BOARD OF THE-CITY OF VIRGINIA BEACH, and H. S. Abernathy Clerk of the Board whose names as such are signed to the foregoing Title writing bearing date on the 6th day of SePtember 1979, have acknowledged the same before me in my City and State aforesaid. Given under my hand this 6th daY Of September 1979. Notary Pu lic My Commission expires: September 21, 1981 of st@ )w@'s Offl- If . . ... ... @19 ..... -It ..... of aanwiedgment ,d@,;tted 1- mcurd by Air. J*.%l V/ of O^ ko &M @ AIg tbe arnount of $................... iNLa Ch" and for L CITY ned to the foregoing writing bearin( have acknowle Giv this 1979 tary Public V/ My Comission expires: 2 3 - (ITEM II-F.4) ITEM #14212 On motion by Vice tlayor McCoy, seconded by Councilman Payne, City Council voted to APPROVE the following Raffle Permits: Suburban Junior Women's Club Raffle Kempsville Iiigh School Booster Club - Kempsville High School Band Parent's Association Raffle Davis Corner Volunteer Fire and Rescue Ladies' Auxiliary Raffle Trinity Church Green Run Raffle Voting : 10-0 Council flembers Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. @ienry McCoy, Jr., Donald W. Merrick, tleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: rlone Council Members Absent: John A. Baum 0 9 1 7 /7 9 - 2 4- (ITEM 11-G.1) ITEM #14213 PLANNING ITEMS On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted to DEFER FOR THIRTY (30) DAYS the following application of The Big Four, a Virginia General Partnership, for a Change of Zoning D strict Classification from R-7 Residential District to A-2 Apartment District. An Ordinance upon application of The Big Four, a Virginia General Partnership, for a Change of Zoning District Classification from R-7 Residential District to A-2 Apartment District on certain property located at the Southwest intersection of Norfolk Avenue and Rudee Avenue, running a distance of 400 feet along the South side of Norfolk Avenue, running a distance of 290 feet along the Western property line, running a dis- tance of 326.14 feet along the Southern property line, running a distance of 90.1 feet in a Northerly direction, running a distance of 128.07 feet in an Easterly direction and running a distance of 170 feet along the West side of Rudee Avenue. Said parcel contains 2.5 acres more or less. Virginia Beach Borough. Voting: 10-0 Council tlembers Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara tP.. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, tleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, tlayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum 0 9 1 7 /7 9 - 2 5 - (ITEM II-G.2) ITEM #14213 Mr. Thomas R. Terry appeared regarding his application. On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted to uphold the recommendatibns of the Planning Commission and APPROVE the following request of Thomas R. Terry for a variance to Section 4.4(d) of the Subdivision Ordinance which requires that each lot created in a subdivision have direct access to a public street. Mr. Terry wishes to subdivide a 2.35-acre parcel located north of Bray Road and Ingram Road into two (2) lots. Subdivision Variance: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Thomas R. Terry. Property located 200 feet North of the intersection of Bray Road and Ingram Road. Plats with more detailed information are available in the Department of Planning. Voting: 10-0 Council Members Voting Aye: 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: John A. Baum 0 9/1 7 /7 9 2 6- (ITEM 11-G.3) ITEtl #14214 Mr. M. D. Johnson, General Contractor, represented the applicant Mr. Robert J. Smith appeared in opposition On motion by Councilman Holland, seconded by Councilman Ferrell, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following Ordinance upon application of Lynn Huffingham for a Conditional Use Permit for dune disturbing activity: A@l ORDIt4ANCE UPO@J APPLICATION OF LYNN R0979270 HUFFINGHAM FOR A CONDITIONAL USE PERMIT FOR DUNE DISTIJRBING ACTIVITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIrlIA BEACH, VIRGINIA, THAT: An Ordinance upon application of Lynn Huffingham for a Conditional tjse Permit for dune disturbing activity on certain property located on@he ast side oT M-or-fons Road beginning at a point 114 feet more or less North of Ocean View Avenue, running a distance of 140 feet along the East side of Mortons Road, running a distance of 62.30 feet along the Northern property line, running a distance of 140 feet along the Eastern property line and running a distance of 30 feet along the Southern property line. Said parcel contains .148 acre. Bayside 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. The removal of the one-story framedwelling currently existing on the site, since no more than one unit is allowed per lot. 3. The proposed dwelling should be relocated landward of the primary dune (35 feet landward from the position shown on the site plan submitted). 4. No construction or location of fixed features are permitted seaward of the landward tow of the primary dune (elevation +10.2 feet as shown on the site plan). 5. No removal of existing vegetation seaward of the re- located proposed dwelling. 6. The proposed dwelling is to be constructed on pilings. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth_ day of enlber 1979 Voting: 10-0 0 9/1 7 /7 9 2 8 - (ITEM II-G.4) ITEM #14215 Mr. Richard Bell, representing Seawall Enterprises, Inc., appeared in favor Mr. Robert J. Smith appeared in opposition to the application Mr. Jack Whitney, Planner, appeared regarding this matter On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following Ordinance upon application of Seawall Enterprises, Inc., for a Conditional Use Permit for dune disturbing activity: ORDINANCE LJPON APPLICATION OF SEAWALL ENTERPRISES, R0979271 INC., FOR A CO@IDITIONAL USE PERMIT FOR DUNE DIST[JRBING ACTIVITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEAC[I, VIRGIr4lA, THAT: An Ordinance upon application of Seawall Enterprises, Inc., for a Conditional Use Permit for dune disturbing activity on certain property located on the South side of Ocean View Avenue beginning at a point 430 feet East of Beaufort Avenue, running a distance of 50 feet along the South side of Ocean View Avenue, running a distance of 100 feet along the Eastern property line, running a distance of 50 feet along the Southern property line and running a distance of 100 feet along the Western property line. Said parcel contains 5,000 square feet. Bayside 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. The elevation of the proposed structure on pilings in order to allow free flow of wind beneath the structure and to minimize the extent of contour modification needed. 3. No vegetative removal to the north or south of the proposed structure. 4. No coutour changes or dune alteration seaward of the "balcony". This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th _ day of e emker 1979. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. lienley, Clarence A. Holland, Vice IIayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing 0 9 / 1 7 /7 9 2 9 - Council Members Voting Nay: None Council Members Absent: John A. Saum (ITEM II-G.5) ITEM #14216 Mr. H. Calvin Spain, Attorney, represented the applicant. The following appeared in opposition: Mr. Tom Mannix Mrs. Terry Johnson, presented petitions in opposition tir. Dennis David, signed up; however, he had to leave Mr. D. E. Bobbitt, presented petitions in opposition Mrs. Pat Mannix Mr. James W. Key, 5169 Anvers Road Vice Mayor McCoy made a motion, seconded by Councilman Ferrell, to approve the following application of National Pride Equipment, Inc., for a Conditional Use Permit for a carwash: Voting: 5-5 Council Members Voting Aye: George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera E. Oberndorf, and Roger L. Riggs Council Members Absent: John A. Baum DUE TO A TIE VOTE, THE ABOVE tiOTIOtl TO APPROVE THE APPLICATION OF NATIONAL PRIDE EQUIPMENT, INC., FOR A CONDITIONAL USE PERMIT FOR A CARWASH FAILED. 0 9 / 1 7 / 7 9 - 3 0 - An Ordinance upon application of National Pride Equipment, Inc., for a Conditional Use Permit for a carwash on certain property located on the East side of South Witchduck Road beginning at a point 170 feet nore or less South of Brady Court, running a distance of 120.21 feet along the East side of South Witchduck Road, running a distance of 168.81 feet along the Southern property line, running a distance of 142.88 feet along the Eastern property line and running a distance of of 240.31 feet along the r4orthern property line. Said parcel contains .517 acre. Kempsville Borough. (ITEM II-G.6) ITEM #14217 Lieutenant Commander Jackson, NAS Oceana, appeared regarding this matter On motion by Councilman Riggs, seconded by Councilman Payne, City Council voted to uphold the recommendations of the Planning Commission and the City t'anager and APPROVE the following Ordinance to amend and reordain Article 4, Section 401(c) of the Comprehensive Zoning Ordinance pertaining to use regulations for Community Centers: Voting: 10-0 Council Members Voting Aye: 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: John A. Baum 0 9 1 77 9 - 3 1 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 4, SECTION 401(c) OF THE COMPREHENSIVE ZONING ORDi]iA]@ut PERTAINING TO USE REGULATIONS FOR COMMUNITY CENTERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 4, Section 401, Use Regulations, of the C.Z.O. is amended and reordained as follows: (c) Conditional uses and structures: Uses and structures herein- after specified; subject to compliance with the provisions of Part C of Article 2 hereof: (5) Community Centers; (6) @54 Drive-in theatres; (7) k64 Dwellings, one family detached; (8) k74 Extractive industries, including the removal of sand and soil; (9) Family care homes, foster homes or group homes; (10) k94 Fraternity and sorority houses, student dormitories and student centers; provided that the same be located within a one (1) mile radius of a college or university; (11) kIG4 Golf courses, including par 3, with a minimum area of ten (10) acres, and miniature golf courses; (12) @l;@ Home occupations, including those conducted outside the principal structures; (13) k;24 Homes for the aged, disabled or handicapped, including convalescent or nursing homes; maternity homes; child care centers, day nurseries, other than those covered as permitted principal uses and structures hereinabove, when not operated by a public agency; (14) k;94 Hospitals and sanitariums; (15) kl44 Lodges for fraternal organizations; (16) k;64 Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; (17) k;64 Mobile homes for shelter for farm laborers; 0 9/1 7 /7 9 - 3 2 - (18) @174 Monasteries and convents; (19) k;84 Museums and art galleries when not operated by a public agency; (20) k;94 Private schools having academic curriculums similar to public schools; (21) k2g@ Public utility transformer stations and major transmission lines and towers (50,000 volts or more); (22) k244 Recreation and amusement facilities of an outdoor nature other than as specified under permitted principal uses and structures, which may be partially or temporarily en- closed on a seasonal basis with approval of City Council; (23) k224 Recreational campgrounds; (24) k234 Riding academies, horses for hire or boarding; (25) k244 Storage, offices or maintenance installations for public utilities; (26) @254 Television or other broadcasting stations and line-of-sight relay devices; (27) k264 Two family detached dwellings. Adopted by the Council of the City of Vi-ginia Beach, Virginia, on the 17th day of September 1979. AppROVED AS TO COt4TMT 71 TO Fo SIGNATURE CfTY ATT@:)RNEY 0 9/1 7 /7 9 - 3 3 - (ITErl II-G.7) ITEM #14218 On motion b,%/ Councilman Payne, seconded by Councilman Ferrell, City Council voted to uphold the recommendations of the Planning Commission and City t!anager and APPROVE the following Ordinance to amend and reordain Article 2, Section 234 of the Comprehensive Zoning Ordinance pertaining to riding academies and horses for hire or boarding of horses: AN ORDINANCE TO AMEND A@ID REORDAIN ARTICLE 2, PART C, SECTION 234 OF THE COMPREHEriSIVE ZONING ORDINA@4CE PERTAINING TO CONDITIONAL TJSES ARID STRUCTURES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIrlIA BEACH, VIRGINIA: That Article 2, Part C, Conditional Uses and Structures, of the C.Z.O. is amended and reordained as follows: 234. Riding Academies, Horses for Hire or Boardipl. 14here a @.onditional Use Permit is issued for the operation of a riding academy, horses for hire or boardinq, not more than f4ve-@94 three (3T iding anirials shall e@kept for each acre of land within the site. All buildings housing animals, and all corrals in which animals are kept or assembled in concentrated groups, shall he at least one hundred (100) feet from any property line. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of tember 1979. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. tiolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, fleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Mayor Patrick L. Standing Council Members Voting rlay: None Council Members Absent: John A. Baum 0 9 1 7 7 9 3 4- (ITEM II-G.8) ITEM #14219 On motion by Councilplan Ferrell, seconded by Councilrian tiolland, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following Ordinance to amend and reordain Article 11, Section 1113 of the Comprehensive Zoning Ordinance pertaining to housing requirements in the PD-H Planned Development-Housing District: Voting: 10-0 Council Menbers Voting Aye: 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 Men@bers Absent: John A. Baum 0 9 1 77 9 - 3 5 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 11, SECTION 1113 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HOUSING REQUIREMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 11, Section 1113, Housing Requirements, of the C.Z.O. is amended and reordained as follows: 1113. Housing Requirements In order to create a diversified, interesting and attractive complement to the city and provide visual satisfaction to the general public as well as to offer varying living opportunities to future residents, the following housing restrictions shall apply: (a) Dwellings, one-family detached. A variety of lot sizes and dwelling types is desirable. One-family detached dwellings shall comprise at least forty-five (45) percent of the housing units of the newly established Planned Development-Housing District (PD-H). (b) Remaining property devoted to housing shall be divided among at least two (2) other housing types, among which may be: (1) Duplex; (2) Townhouses; (3) Multiple family; (4) Semi-detached. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1,7thday of nber 1979. APPROVED AS TO CONTENT (2. SIGNAT@ DL P45 TO OORM IIGNATURE CITY ATTORNEY 0 9 / 1 7 /7 9 - 3 6 - (ITEM II-G.9) ITEM #14220 On motion by Councilman Payne, seconded by Councilman Holland, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following Ordinance to anend and reordain Article 1, Section 105, of the Comprehensive Zoning Ordinance pertaining to nonconforming uses: Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M,. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald tl. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum 0 9 1 7 /7 9 - 3 7 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 105 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO NONCONFORMING USES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 105, Nonconforming Uses, of the C.Z.O. is amended and reordained as follows: (f) Buildings Being Planned or Under Construction. Nothing herein contained shall require any change in the plans, construction, lot, or part thereof, for which an active use permit, valid building permit, current p,wraosved pre minary subdivision plat or certificate of occupan y lallf.Ily issued prior to the effective date of this Ordinance, or of any amendment thereto, provided, however, that if in any such case construction or use is abandoned or is not carried to completion with due diligence, the bw44d4mg-4Rspeeter zoning administrator shall revoke the certificate or use permit and any further construction or use shall be carried out under a new permit and in conformity with the provisions of this Ordinance, or any amendments thereof, effective at the time of issuance of such new permit. Construction or use shall be deemed to have been started when any part of the structure, including foundation, has been put in place. Any such building or structure, once erected, shall thereafter be subject to all the regulations of this Ordinance including those pertaining to nonconforming uses. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th,,day of 1979. APPROV;p AS TO CONMT 7- 7 ;,,@S TO K-ORM SIGNAI CITY ATTORNEY 0 9 / 1 7 /7 9 - 3 8 - (ITEM II-11.1. ITEM #14221 ORDINANCES The following appeared in opposition to the following Ordinance: Mr. Roy Bartholomew Mr. Emery Dixo Mr. C. G. Harris, Tidewater Builders Association On motion bv Councilman Holland, seconded by Councilman Merrick, City Council voted to APPROVE the following Ordinance to amend and reordain Section 37-29 (C)(2) of the Code of the City of Virginia Beach, Virginia, relating to line fees for motels and hotels: Voting: 8-.' Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara ti. Henley, Clarence A. Holland, Vice Mayor J. lienry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, and Roger L. Riggs Council Members Voting Nay: Meyera E. Oberndorf, and Mayor Patrick L. Standing Council tlembers Absent: John A. Baum 0 9/1 7 /79 - 39 - AN ORDINANCE TO AMEND AND REORDAIN SECTION 37-29(C)(2) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO LINE FEES FOR MOTELS AND HOTELS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-29(C)(2) is amended and reordained as follows: 37-29(C)(2) Motels and hotels, per unit . . . . . . . . . . . . . $120.00 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17_ day of September 1979. AB:kdf 9/6/79 0 9 / 1 7 / 7 9 - 4 0 - (ITEM II-H.1.2) ITEM #14222 On motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to APPROVE the following Ordinance to amend and reordain Section 29-3(C)(2) of the Code of the City of Virginia Beach, Virginia, relating to line fees for motels and hotel s : Voting: 8-2 Council tiembers Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, and Roger L. Riggs Council Members Voting Nay: Meyera E. Oberndorf, and Mayor Patrick L. Standing Council Members Absent: John A. O@aum 0 9 /1 7 /7 9 - 41 - AN ORDINANCE TO AMEND AND REORDAIN SECTION 29-3(C)(2) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO LINE FEES FOR MOTELS AND HOTELS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 29-3(C)(2) is amended and reordained as follows: 29-3(C)(2) Motels and hotels, per unit . . . . . . . . . . . . . $95.00 Adopted by the Council of the City of Virginia Beach, Virginia, on the _j 7 day of September 1979. AB:kdf 9/6/79 APPROI!,.CD 'l-7-@ -7 -7 el 0 9 1 7 7 9 - 42 - (ITEM II-H.1.3) ITEI' #14223 On motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to APPROVE the following Ordinance to amend and reordain Section 37-29(C) of the Code of the City of Virginia Beach, Virginia, by adding a new Section 37-29(C)(2.1) relating to 1 ine fees for structures with two or more farnily resid ential units: Voting: 7-3 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Mayor Patrick L. @ltanding Council Members Absent: John A. Baum 0 9 / 1 7 /7 9 - 43 - AN ORDINANCE TO AMEND SECTION 37-29(C) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING A NEW SECTION 37-29(C)(2.1) RELATING TO LINE FEES FOR STRUCTURES WITH TWO OR MORE FAMILY RESIDENTIAL UNITS BE IT ORDAINED BY THE COUNCIL OF TliE CITY OF VIRGINIA BEACH, VIRGINIA: That Sectilon 37-29(C) is amended by adding the following section: 37-29(C)(2.1) Structures with two or more family units, per unit . . . $135.00 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 7 day of September 1979. AB;kdf 9/6/79 At"P CO@4TPNT 0 9 1 7 /7 9 - 4 4- AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 37-29(B)(2) AND 37-29(B)(2.1) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO LINE FEES FOR MOTELS, HOTELS, AND STRUCTURES WITH TWO OR MORE FAMILY UNITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 37-29(B)(2) and 37-29(B)(2.1) are amended and reordained as follows: 37-29(B)(2) Motels and hotels, per unit . . . . . . . . . . . . . . $310.00 37-29(B)(2.1) Structures with two or more family units, per unit. . $360.00 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of September 1979, AB:kdf 9/6/79 C! ,,y 0 9 1 7 /7 9 - 45 - (ITEM II-H.1.4 ITEM #14224 On motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to APPROVE the following Ordinance to amend and reordain Sections 37-29(B)(2) and 37-29(B)(2.1) of the Code of the City of Virginia Beach, Virginia, relating to line fees for motels, hotels, and structures with two or more family units: Voting: 6-4 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Donald W. Merrick, J. Curtis Payne, and Roger L. Riggs Council Members Voting Nay: Clarence A. Holland, Vice Mayor J. lienry McCoy, Jr., Meyera E. Oberndorf, and Mayor Patrick L. Standing Council Members Absent: John A. Daum 0 9 1 7 /7 9 - 47 - AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 29-3(B)(2) AND 29-3(B)(2.1) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO LINE FEES FOR MOTELS, HOTELS, AND STRUCTURES WITH TWO OR MORE FAMILY UNITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 29-3(B)(2) and 29-3(B)(2.1) are amended and reordained as follows: 29-3(B)(2) Motels and hotels, per unit . . . . . . . . . . . . . . . $485.00 29-3(B)(2.1) Structures with two or more family units, per unit . . $560,00 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 7 day of September 1979. AB:kdf 9/6/79 0 9 /1 7 /7 9 - 48 - (ITEM 11-H.1.6) ITEM #14225 On motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to APPROVE the following Ordinance to amend and reordain Section 29-3(C) of the Code of the City of Virginia Beach, Virginia, by adding a new Section 29-3(C)(2.1) relating to line fees for structures with two or more family residential units: Voting: 7- 3 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara rl. Henley, Clarence A. liolland, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs Council Members Voting Nay: Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Mayor Patrick L. Standing Council Members Absent: John A. Baum 0 9 / 1 7/7 9 - 49 - AN ORDINANCE TO AMEND SECTION 29-3(C) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING A NEW SECTION 29-3(C)(2,1)RELATING TO LINE FEES FOR STRUCTURES WITH TWO OR MORE FAMILY RESIDENTIAL UNITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Secti,on 29-3(C) is amended by adding the following section: 29-3(C)(2.1) Structures with two or more family units, per unit . . . . $110.00 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of September 1979. AB:kdf 9/6/79 APP AS_TO rO7'@T@,-@4T 0 9 1 77 9 5 0 - (ITEM II-H.2.a) ITEti #142226 SECOND READINGS COUNCILMAN PAYNE LEFT COURICIL CHAMBERS On motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council voted to APPROVE on SECOND READING the following Ordinance to increase appropriations in the Pendleton Child Service Center Budget: Voting: 9-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara t4.. lienley, Clarence A. Holland, Vice Mayor J. lienry McCoy, Jr., Donald Ll. Merrick, Meyera E. Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and J. Curtis Payne 0 9 1 7 /7 9 - 5 1 - AN ORDINANCE TO INCREASE APPROPRIATIONS IN THE PENDLETON CHILD SERVICE CENTER BUDGET WHEREAS, the Virginia Beach City Council approved an appropriation of $352,191, estimated revenue from other agencies of $317,831, and a local match of $34,360 in the Fiscal Year 1979-80 Pendleton Child Service Center Budget; and, WHEREAS, the Pendleton Child Service Center is in need of a new central air conditioning system at a cost of $11,575. tIOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $11,575 be appropriated to the Pendleton Child Service Center for the installation of the new central air conditioning system; and, BE IT FURTHER ORDAINED that the appropriations will be financed by $4,021 esti@nated revenue from other agencies and $7,554 from the Pendleton Child Service Center Fund Balance. FIRST READING: September 10, 1979 SECOND READING: September 17, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of mber 1979. 0 9 / 1 7 / 7 9 - 5 2 - (ITEM II-H.2.b) ITEM #14226 On motion by Councilwoman Oberndorf, seconded by Councilman Merrick, City Council voted to APPROVE on SECOND READING the following Ordinance to transfer and appropriate funds in the amount of $2,034,951 for the City Employee across-the-board salary increase and implementation of the Dental Health Plan. Voting: 9-0 Council @lembers Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nav: None Council Members Absent: John A. Baum, and J. Curtis Payne 0 9 /1 77 9 LU 5 3 - 1- E-" z 0 V. v 0 z IA 0 AN ORDINANCE TO TRANSFER AND 7 < APPROPRIATE FUNDS FOR THE CITY EMPLOYEE ACROSS-THE-BOARD SALARY INCREASE, AND IMPLEMENTATION OF THE DENTAL HEALTH PLAN CL WHEREAS, on April 23, 1979, City Council approved the FY 1980 Operating Budget, and WHEREAS, City Council, in the FY 1980 Budget, also approved for City employees two across-the-board salary increases to be effective October 1, 1979 and January 1, 1980, and a dental health plaa to be effective January 1, 1980, and WHEREAS, funds in the amount of $1,985,272 are available from various Reserve for Contingencies accounts and the City Manager wishes these funds to be distributed for this purpose. WHEREAS, the total cost for the across-the-board salary increases and implementation of a dental health plan is estimated to be $2,034,951, of which $1,985,272 will be coming from Reserve for Contingencies of the General, Water and Sewer, Farmers' Market Enterprise and Golf Courses Enterprise Funds; and $49,679 from the Fund Balance in the City Garage and Print Shop Internal Service Funds, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That funds be transferred and appropriated as follows: From: Reserve for Contingencies: General Fund $1,828,229* Water and Sewer Fund 147,711 Farmers' Market Enterprise Fund 1,832 Golf Courses Enterprise Fund 7,500 TOTA-L Tli9-85,272 From: Fund Balances: City Garage Internal Service Fund 46,173 Print Shop Internal Service Fund 3,506 TOTA-L $ 49,679 GRAND TOTAL $2,034,951 *Of this amount, $4,965 and $5,401 will be transferred to the Golf Course Enterprise Fund and Grants Consolidated Fund, respectively for the dental plan and the January 1, 1980 across- the-board increases. FIRST READING: September 10, 1979 SECOND READING: September 17, 1979 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ON: 17 day of September, 1979 09/17/79 - 5 4 - (ITEM II-H.2.c) ITEM #14227 On motion by Councilwoman Oberndorf seconded by Councilwoman Henley, City Council voted to APPROVE on SECOND READING ih@ following Ordinance to accept a Grant totaling $50,000 fror@i the Commonwealth of Virginia and to appropriate these funds: Voting: 9-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr., Donald Ll. Merrick, tleyera E. Oberndorf, Roger L. Riggs, Ilayor Patrick L. Standing Council Members Voting Nay: t@one Council Members Absent: John A. Baum, and J. Curtis Payne 09/17/79 - 5 5 - AN ORDINANCE TO ACCEPT A GRANT TOTALLING $50,000 FROM THE COMMONWEALTH OF VIRGINIA AND TO APPROPRIATE THESE FUNDS WHEREAS, the City of Virginia Beach wishes to establish a Museum of Marine Science, and WHEREAS, THE General Assembly has provided funding for the planning stage of such a project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a grant be accepted, and funds be appropriated, for the following purpose: Estimated Revenue Total From Other Agencies Appropriations Virginia Beach Museum of Marine Science 000 000 That the appropriations be financed by $50,000 estimated revenue from the Commonwealth of Virginia, with no local match required. FIRST READING: September 10, 1979 SECOND READING: September 17, 1979 Adopted by the Council of the City of Virginia Beach on the 17 day of Spptpmhpr -1 1979. APPROVED AS TO CONTENT SIGNATUP,E I r-t@@ -- DIPAI--.,@@"ENT AP V-:) las 7 r, v" IG@'4ATdRE CITY ATTORNEY 09/17/79 5 6 - (ITEM II-H.2.d) ITEM #14228 On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, City Council voted to APPROVE on SECOND READING the following Ordinance to accept a Grant totaling $76,137 from State Aid to Public Libraries and to appropriate these funds: Voting: 9-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald IJ. Merrick, Meyera E. Oberndorf, Roger L. Riggs, Mavor Patrick L, Standing Council Members Voting rlay: None Council Members Absent: John A. Baum, and J. Curtis Payne 09/17/79 - 5 7 - AN ORDINANCE TO ACCEPT A GRMIT TOTALING $76,137 FROM STATE AID TO 2UBLIC LIBRARIES AND TO APPROPRIATE THESE FUNDS WHEREAS, the City Council is interested in enhancing the quality of service by our Public Libraries, and WHEREAS, a grant of $76,137 from State Aid to Public Libraries is available for this purpose and requires no local funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF-ACH, VIRGINIA: That funds of $76,137 available under the State Aid to Public Libraries be accepted and appropriated in the Department of Libraries for the Fiscal Year 1979-1980 Operating Budget as follows: Rental Payment on Contract $ 1,350.00 Library Supplies 395.00 Ecluipment 30,381.00 Books 37,454.00 Periodicals 6,300.00 Photographic Equipment 257.00 Total Appropriation $76 137.00 BE IT FURTHER ORDAINED --hat, estimated revenues from the Conmnwealth of Virginia be increased by $76,137 to finance the appropriation. Adopted by the City Council of the City of Virginia Beach, Virginia on the 17th day of September 19 79 First Reading: September 10, 1979 Second Reading: September 17- 1979 APPROVED AS TO CCX,',' SIGN" TJPE APPROVED AS 7C, 09/17/79 - 5 8 - COUNCILIIAN PAYNE RETURNED TO COUNCIL CHAMBERS (ITEM II-H.2.e) ITEM #14229 On motion by Councilwoman Oberndorf, seconded by Councilman Riggs, City Council voted to APPROVE on SECOND READING the following Ordinance to accept a Grant totaling $21,777 from the Division of Justice and Crime Prevention and to appropriate these funds: Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, t@leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum 09/17/79 - 59 - AN ORDINANCE TO ACCEPT A GRANT TOTALLING $21,777 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Sheriff's Department wishes to continue its expanded Jail Library Program, and WHEREAS, the Division of Justice and Crime Prevention (DJCP) has awarded the City a grant for funding the above program. NOW, THEREFORE, BE TT ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grant for the City, and funds are hereby appropriated, for the following purpose: Estimated Revenue Local Total From Other Agencies Match Appropriations Jail Library 241 L 536 777 BE IT FURTHER ORDAINED that the appropriations will be financed by $10,178 estimated revenue from the DJCP, $11,063 estimated revenue from the State Compensation Board, and a local cash match of $536 frorn the Unappropriated General Fund Balance, and That one personnel position be authorized for the duration of the grant, to be paid from the grant, with the class of the employee to be determined by the City Manager. FIRST READING: September 10, 1979 SECOND READINC: September 17, 1979 Adopted by the Council of the City of Virginia Beach on the 17 day of September -, 1979. APPROVED AS TO CONTENT S; Ti)@E 09/17/79 6 0 - (ITEM 11-H.3.a.1 ITEM #14230 FIRST READINGS On motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to APPROVE on FIRST READING the following Ordinance to increase appropriations and transfer existing appropriations in the Mental Retardation/Developmental Dis- abilities (MR/DD) Program budget in the amount of $25,993: Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. liolland, Vice Mayor J. tlenry 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: John A. Baum 09/17/79 - 6 1 - AN ORDINANCE TO INCREASE APPROPRIATIONS AND TRA@ISFER EXISTING APPROPRIATIONS IN THE MENTAL RETARDATION/DEVELOPMENTAL DISABILITIES (MR/DD) PROGRAM BUDGET WHEREAS, the Virginia Beach City Council approved an appropriation of $304,285, a local match of $165,284, and estimated revenues as follows: from other agencies $121,352; from fees $-+,649; and, from the Tidewater Transportation District Commission (TTDC) $13,000 in the Fiscal Year 1979-80 MR/DN, Program Budget; and, WHEREAS, the Department of Mental @lealth and Mental Retardation has identified a need for one Comprehensive Specialized Transportation Program for mentally retarded clients of the Adult Activity Center and the Sheltered Workshop; and, WHEREAS, $22,591 is currently appropriated and an additional $25,993 needs to be appropriated for the transportation program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGI@4IA: That $25,993 be appropriated and $22,591 be transferred from the Adult Activity Center Budget for the transportation program; and, BE IT FURTHER ORDAINED that the additional appropriations will be financed by an increase in estimated revenues, as follows: from other agencies @48,000; frorl fees $9,130; and, from TTDC $8,863; and, BE IT FURTHER ORDAINED that three personnel positions are hereby authorized, with the employee class to be determined by the City !@lanager. FIRST READI@@G: ber 17 197@ SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979 09/17/79 6 2 - (ITEM II-H.3.a.2) ITEM #14231 On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted to APPROVE on FIRST READING the following Ordinance to increase appropriations in the Comprehensive Mental Health Program Budget, in the amount of $9,207: Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Ilenley, Clarence A. Holland, Vice Mayor J. ilenry tIcCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: @lone Council Members Absent: John A. Baum 09/17/79 - 6 3 - AN ORDINANCE TO INCREASE APPROPRIATIONS I@4 THE COMPREHENSIVE MENTAL HEALTH PROGRAM BTJDGET WFiEREAS, the Virginia Beach City Council approved an appropriation of $887,937, estimated revenue from other agencies of $391,672, estimated revenue from fees of $47,620, and a local match of $448,645 in the Fiscal Year 1979-80 Comprehensive Mental Health Program Budget; and, WHEREAS, the Department of Mental Health and Mental Retardation (DtIH/MR) has identified a need for the continuation of a CETA position which ends September 30, 1979; and, WHEREAS, this position will continue to focus on developing a network of community/family homes to provide temporary shelter for mentally ill persons for the period October 1, 1979 through June 30, 1980, at a cost of $9,207. NOW, T[IEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $9,207 be appropriated to the Comprehensive Mental Health Program Budget for the personnel position; and, BE IT FURTHER ORDAINED that one temporarv personnel position is hereby authorized for said period, with the employee class to be determined by the City Manager. FIRST READING: ember 17 1979 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979. 09/17/79 - 6 4- (ITEM II-H.3.a.3 ITEM #14232 On motion by Vice tqayor McCoy, seconded by Councilwoman Henley, City Council voted to APPROVE on FIRST READIt4G the following Ordinance to appropriate funds in the amount of $13,200 for an additional Probation Counselor for the Juvenile Probation Di vision: Voting: 10-0 Council Members Voting Aye: 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: John A. Baum 09/17/79 - 6 5 - AN ORDINANCE APPROPRIATE FUNDS FOR AN ADDITIONAL PROBATION COUNSELOR FOR THE JUVENILE PROBATION DIVISION WHEREAS, the Juvenile Probation Division has experienced an increased caseload in "aftercare" cases; and, WIIEREAS, the caseload increases are anticipated to continue; and, WI]EREAS, the Juvenile Probation Division estimates that the addition of a Probation Counselor III will alleviate the overload; and, WHEREAS, the position, effective July 1, 1979, will require $13,200 in appropriations. NO@J, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI,NIA BEAC@L: That, effective July 1, 1979, the Juvenile Probation Division be allocated an additional Probation Counselor III position, and, in conjunction, receive additional appropriations fron Reserve for Contingencies in the amount of $13,200. FIRST READING: Se tember 17 1979 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979. 09/17/79 - 6 6- (ITEM II-H.3.a.4) ITEM #14233 The following appeared in opposition to the proposed Ordinance: Colonel Craig Tyrell, Birchwood Civic League rirs. flaude Gibson Mr. Mike Reid On motion by Councilman Holland, seconded by Councilman Riggs, City Council voted to DEFER until OCTOBER 15, 1979, the following Ordinance to increase appropriations in the Comprehensive Substance Abuse Program Budget. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald 11. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baurl 09/17/79 - 67 - AN ORDINANCE TO INCREASE APPROPRIATIONS IN THE COMPREHENSIVE SUBSTANCE ABUSE PROGRAM BUDGET WHEREAS, the Virginia Beach City Council approved an appropriation of $463,061, estimated revenue from other agencies and fees of $245,551, and a local match of $217,510 in the Fiscal Year 1979-80 Substance Abuse Program Budget; and, WHEREAS, the Department of Mental Health and Mental Retardation has identified a need to relocate the Substance Abuse Outreach Center and Alcohol Treatment Programs to a more suitable location; and, WHEREAS, the increased rental cost, telephone installations and other associated costs of the relocation will amount to $12,023. NOIJ, THEREFORE, BE IT ORDAINED BY TFIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $12,023 be appropriated to the Substance Abuse Program Budget for the relocation; and, BE IT FURTHER ORDAINED that the appropriations will be financed by a transfer of $12,023 from the General Fund Reserve for Contingencies - Regular. DEFERRED UNTIL OCTOBER 15, 1979 FIRST READI@IG: SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979 09/17/79 - 68 - (ITEM II-H.3.a.5) ITEM #14234 to APPROVE on FIRST READING the following Ordinance to appropriate funds in the amount of $3,050 for a part-time printer trainee in the Print Shop: Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Neyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum - 68 - (ITEM II-H.3.a.5) ITEM #14234 On motion by Councilman Merrick, seconded by Vice IIayor McCoy, City CC)uncil voted to APPROVE on FIRST READING the following Ordinance to appropriate funds in the amount of $3,050 for a part-time printer trainee in the Print Shop: Voting: 10-0 Council Members Voting Aye: 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: John A. Baum 09/17/79 - 69 - AN ORDINANCE TO APPROPRIATE FUNDS FOR A PART-TIME PRINTER TRAINEE IN THE PRINT SHOP W]dEREAS, the Print Shop has indicated a need for a part-time position of Printer Trainee to handle deliveries for the Printing and Distribution Division of the Department of General Services; and, WHEREAS, it is cost effective to hire a part-time employee to relieve the higher paid and trained employees from such duties and to reduce the present overtime pay; and, WHEREAS, this position was not included in the Fiscal Year 1980 budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $3,050 be appropriated from the Fund Balance of the Print Shop Intragovernmental Service Fund for the employment of a part-time Printer Trainee in the Print Shop for the 1979-1980 Fiscal Year. FIRST READING: 1 7 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979 09/17/79 - 7 0 - (ITEM II-J.1) ITEM #14235 OLD BUSINESS Mrs. Laura C. Adams appeared before Council to answer any questions of Council regarding the reconsideration of her application for a Free-Standing Mobile Home. Mr. Maury Riganto appeared in opposition. After considerable discussion, Councilman Merrick made a motion, seconded by Councilman Ervin, to approve the application of Mrs. Laura C. Adams for a Free-Standing Mobile Home, with a two (2) year limitation. Voting: 4-6 Council Members Voting A,te: F. Reid Ervin, Clarence A. liolland, Donald W. Merrick, and Mayor Patrick L. Standing Council Members Voting Nay: George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Council Members Absent: John A. Baum THE MOTION TO APPROVE TME APPLICATION OF MRS. LAURA C. ADAPLS FOR A FREE-STANDING MOBILE [IOME WAS DEFEATED. ITEM #14235(a) On motion I)y Vice riayor McCoy, seconded by Councilman Ferrell, City Council voted to DENY the request of Mrs. Laura C. Adams for a Free-Standing Mobile Home. Voting: 6-4 Council Members Voting Aye: (for denial) George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Council Members Voting Nay: F. Reid Ervin, Clarence A. Flolland, Donald W. Merrick, and Mayor Patrick L. Standing Council Members Absent: John A. Baum 09/17/79