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HomeMy WebLinkAboutJUNE 25, 1979 CITY OF VIRGINII REACI MUNICIPAL CENTER ofity- VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, Al L.,g, CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gb VICE MAYOR J. HENRY M,COY JR., D. D.S., K@.P,,ill@ B.,..gh DONALD W. MERRICK, Ly..b..,@ B.,..gh JOHN A. BALIM, B.,@.gb MEYERA E. OBERNDORF, At L.,g@ F. REID ERVIN, Al L.,g@ J. CURTIS PAYNE, P,i@,@.. A@.. B .... gb GEORGE R. FERRELL, A, L.,g@ ROGER L. RIGGS, Vi,i@i. B@.,h B.,..gh BARBARA M. HENLEY, P-g. B .... gh RUTH HODGES SMITH, Ci,y Cl,,k City Council Agenda ITEM I INFORMAL SESSION: MONDAY, 25 JUNE 1979 - 5:30 p.m. A. CALL TO ORDER - MAYOR PATRICK L. STANDING B. ROLL CALL OF COUNCIL C. MOTION TO RECESS TO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Utility Projects at the North End of the Beach: Discussion. 2. 1979 Summer Youth ETployment Program Report 3. Steel Pier: Discussion of debris removal. ITEM II FORMAL SESSION: MONDAY, 25 JUNE 1979 - 7:00 p.m. A. INVOCATION - Reverend Fritz Stegemann Open Door Chapel B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 18 June 1979 E. RESOLUTIONS 1. Resolution of knpreciation for Life-Saving Efforts to Robert Hodges and Leo Olivarez F. PUBLIC HEARINGS - NONE G. 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. Letter from the City Manager recommending that City Council adopt the Resolution authorizing the Department of Public Utilities to charge off 25,648 utilities accounts which should be deemed as uncollectible, in the amount of $344,326.42. 2. Letter from the City Manager recommending that City Council adopt the Resolution authorizing various City departments to charge-off uncollectible accounts in the amount of $28,192.57. 3. Letter from the City Manager recommending that City Council approve the Ordinance to amend an Ordinance adopted February 23, 1976, pertaining to tbe closure of a portion of Greenfell Avenue (formerly Georgia Avenue), City of Virginia Beach, Virginia, by deleting the utility easement dedication requirement and requiring the construction of a sewer line be done in lieu thereof. 4, Letter from the City Manager recommending that City Council approve t@ie Resc)lution authorizing field crews involved in maintenance and construction to work a ten-hour day, four-day work week to conserve energy. This measure is only temporary and will last through the sumtner months until Labor Day, 1979. 5. Letter from the City Manager recommending that City Council approve the Ordinance to repeal section 23-11 of the Code of the City of Virginia Beach pertaining to bathing trunks - wearing on West side of Atlantic Avenue in Virgi,)ia Beach Borough. 6. Letter from the City Manager recommending that City Council approve the ordinance to adopt Section 2-43.8 of the Code of the City of Virginia Beach, Virginia, relating to hearing procedures before the Personnel Board. 7. Letter from the City Manager recommending that City Co@incil approve the Resolution ratifying the payment of $8,455.39 in tax refunds. The ordinances for these tax refunds have now been certified for payment by the City Treasurer and approved as to form by the City Attorney for these transactions. 8. Letter from the City Manager recomrnending that City Council approve the request of Mr. Jobn Atkinson, City Treasurer, for tax refunds in the amount of $ 3 3 7 . 50. 9. Request by the City Attorney and Councilman Merrick to defer until July 2, 1979, the Resolution reinvesting the right-of-way dedicated by Mrs. Anne Blair. This item was deterred for one week on J(Ine 18, 1979. H. PLANNING ITEMS 1. Letter from the City Manager transmitting the recom- mendation of the Pl.anning Commission for aipproval of the application of James E, Baylor for a change of zoning from R-9 Residential Townhouse District to A-2 Apartment District on a .85-acre parcel located on the west side of Pleasure House Road, north of Brigadoon Drive (Bayside Borough). 2. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for denial of the application of L. D. Associates for a change of zoning from 0-1 Office District to B-2 Community- Business District on a 4.746-acre parcel located on the east side of Holland Road, south of Stoneshore Road (PrincesS Anne Borough). 3. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for denial 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 a public street. The applicant wishes to subdivide a 2.35-acre site located approximately 200 feet north of the intersection of Bray Road and Ingram Road in two lots. 4. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for approval of the ordinance to amend and reordain Article 6, Section 601 of the Comprehensive Zoning Ordinance pertaining to garage apartments in the A-1 Apartment District. 5. Letter from the City Manager transmittinq the recom- mendation of the Planning Co=ission for approval of the following orditiances: a. An Ordinance to amend and reordain Article 2, Section 232 of the Comprehensive Zoning Ordinance pertaining to mobile homes. b. An Ordinance to amend and reordain Article 4, Section 401 of the Comprehensive Zoning Ordinance pertaining to mobile homes. it is the recommendation of the City Manager that a further requirement be imposed by which the trailers must be removed from the land if the farming business ceases. 6. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for approval of the Ordinance to amend and reordain Article 1, Section Ill of the Comprehensive Zoning ordinance pertaining to definitions. It is the recommendation of the City Manager that the Ordinance be referred back to the Planning Commission to consider changing the definition of a townhouse to refer to a buildinq containing three or more dwelling units in a row, instead of two in a row, as recommended by the Planning Commission. 7. Letter from the City Manager transmitting the recom- mendation of the Planning Commission for approval of the petition of Virginia State Shopping Plazas, Inc. for the closure of a portion of Columbus Street. This .117-acre parcel consists of unimproved rigbt-of- way previously dedicated to the City for a right-turn lane. It is located on the south side of Columbus Street, west of Independence Boulevard (Bayside Borough). ORDINANCES 1. General None 2. Appropriations/Grants a. Second Readings 1. City Council is requested to approve on second reading the Ordinance to accept a grant totaling $6,326 from the southeastern Tidewater Area Man- power Authority and to appropriate these funds. b. Grants 1. Letter from the City Manager reconnending that City Council adprove on first reading the ordinance to provide Third Year Funding for the Continuing Education in Mental Health and Aging Grant, and, appropriate $27,214. 2. Letter from the City Manager recommending that City Council approve on first readinq the Ordinance to accept $106,000 from the Department of Housing and Urban Development, and, to appropriate these funds. 3. Letter from the City Manager recomrnending that City Council aidprove on first reading the Ordinance to accept funds totaling $22,204 from the Depart- ment of Housing and Urban DeveloiDment, and, to appropriate these funds. 4. Letter from the City Manager recommending that City Council approve the ordinance to authorize the City Manager to enter into a new contract with the Southeastern Tidewater Area Man'Dower Authority to replace an existing contract for the City's CETA-Title II Employment Program. C. Bids - None d. City Code Amendments 1. Letter from the City Manager recomrnending that City Council apidrove the Ordinance to amend Section 37-33 of the Code of the City of Virginia Beach, Virginia, relating to water usage rates. 2. Letter from the City Manager recommending that City Council approve the following Ordinance: a. An Ordinance to amend Section 37-29(b) of the Code of the City of Virginia Beach, Virginia, by addinq thereto a Section 37-29(b)(10) re- lating to water line fees for large fron@ages. b. An Ordinance to amend section 29-3(b) of the Code of the City of Virginia Beach, virginia, by adding thereto a Section 29-3(b)(2) relating to sewer line fees for large frontages. J. OLD BUSINESS 1. Appointments to Boards and Commissions K. NEW BUSINESS 1. As stated by the City Code, in July of each year, there shall not be a regular council meeting on the last two (2) Mondays of the month, therefore, Council will not hold meetings on July Twenty-Third and Thirtieth. L. ADJOURNMENT 1. Motion to adjourn. Minutes of the Honorable City Council OF THE CITY OF VIRGINIA BEACII, VIRGINIA June 25, i979 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, June 25, 1979, at 5:30 p.m. Council Members present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members absent: Clarence A. ilolland, J. Henry McCoy, Jr., and ileyera E. Oberndorf ITEM #13869 Mayor Standing entertained a motion to permit Council to conduct an ILNFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assi(inment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. (Personnel Matter) 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 per- taining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters) On motion by Councilman Ferrell, seconded by Councilman Payne, City Council voted to proceed into the EXECUTIVE SESSION following the IlqFORMAL SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Merqbers Voting Nay: None 6/25/70 -2- Council Members absent: Clarence A. Holland, J. Henry McCoy, Jr., and Meyera E. Oberndorf ITEM #13870 The City Manager handed Council a brochure indicating the convention activities to be held in the City of Virginia Beach from June 1, 1979 through November 9, 1980. UTILITY PROJECTS/NORTII END ITEM #13871 The City Manager indicated one of the main reasons for requiring the contractor to hold off completion of the jobs at the North End of Virginia Beach was due to the traffic problems and also the inconvenience to the residents and tourists in the North End of virginia Beach. The City Manager indicated it wouid not cost any more money for the contractor to begin now, and further indicated that on future contracts the City will ask the difference in price between working the summer months and not working during the summer months. The contractor will, however, be working on the present project in the median. He will not be wor]'Ling on any of the side streets up in the residential neighbornoods nor on or in Atlantic Avenue. SUMMER YOUTH PROGPAMS ITEM #i3872 COUNCILWOMAN OBERNDORF ENTERED INFORMAL MEETING AT 5:40 p.m. The City Manager indicated that during the budget hearing discussions there was some talk about Summer Youth Programs and, were in fact, trying to encourage non-profit corporations to take over the Slimmer Youth Programs. Three non-profit organizations: Southeastern Tidewater Opportunity Program, YMCA, Concerned Athletes in Action, have all submitted projects to the City, which the City approved. These organizations will employ approximately 350 to 400 summer youths in disadvantaged areas doing a far better job than what the City could have done. The programs are still approved by the Personnel Department; however, the supervision and direction is left to the non-profit organization. STEEL PIER ITEM #13873 VICE MAYOR MCCOY ENTERED MEETING AT 5:43 p.m. The City Manager indicated he had hoped to be able to notify Council that all debris at the Stee-i- Pier had been marked; however, due to bad Northeasterly waves this hendered the City froi,. locating the debris. The City Manager indicated if the City proceeded with sawing the pilings off and hauling the pilings away it could be completed within five to six working days, if the weather is good. 6/25/79 -3- HOBIE CATS ON BEACHES ITEM #13874 Councilman Ervin 1)assed around several pictures supplied by a resident at the North End of Virginia Beach showing several Hobie Cats on the beaches. The City Manager indicated one year the City ticketed all owners wlio had their boat on the beach, and the Hobie Cat owners indicated they wanted to police their own. It was suggested that the City speak to the Conunodore of the Hc)bie Cat Club to see if he can take care of this matter. CHARGE-OFF/PUBLIC UTILITIES ITEM #13875 Councilman Merrick indicated there is an item on the CONSENT AGENDA charging-off approximately $344,326.42 in uncollectible accounts in the Public Utilities Departinent, and asked if this would run the same amount in the future? The City Manager indicated that back in 1977 the City wrote-off for the first time uncollectible utility bills, four years after the Norfolk water contract. When the City of Virginia Beach acquired all of the distribution systems they also acquired many uncollectible bills. In 1977 the City wrote-off $177,000.00, and at that time the City Manager estimated that there was another $200,000.00 that would have to be written off in the near future. COMPREHENSIVE LAND USE PLAN ITEM #13876 The City Manager indicated that since the Planning Conunission has passed the Comprehensive Land Use Plan, the Director of Planning, Robert Scott, indicated he would like to have briefings with Council on this matter. It was decided that for the next few Mondays, Council will meet at 10:00 or 11:00 am to review the Comprehensive Land Use Plan. FREEDOM OF INFORMATION ACT ITEM #13877 COUNCILMAN HOLLAND ENTERED INFOI@L MEETING AT 6:00 p.m. Councilman Baum indicated that the City Attorney had passed around a revised Freedom of Information Act, and indicated the General Assembly exempted themselves from the FOIA again. ITEM #13878 Councilinan Ervin asked that when the City sells a bond package the law is the City has to list the projects involved in the bond issue, where Revenue Bonds are involved. On October 28, 1977, February of 1978 and 1979, Mr. Hubert was given three different schedules for various projects in the North End of Virginia Beach. Are the projects scheduled for the @lorth Virginia Beach area being jeopardized by cost-overruns and/or inflation? The City Manager indicated that no neighhorhood project, either water or sewer, is being jeopardi2ed as the City still has the $9.1 Million which can be sold. All projects are under design and will be constructed; however, at a higher interest rate. 6/25/79 -4- RUDEE INLET ITEM #13879 Councilman Merrick requested information on the proposed development of Rudee Inlet. The City Manager indicated the successful bidder was proceeding on the development of Rudee Inlet and has in fact placed floating docks in the water. The developer was, at one time, tied up with permit problems, which took approxintately three to four years to resolve; and one permit is still outstanding. 6/2 5/ 7 9 -5- FORMAL SESSION ITEM #13380 Monday, June 25 7:15 p.m. Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council members Absent: None INVOCATION was given by the Reverend Fritz Stegemann, Open Door Chapel. PLEDGE OF ALLEGIANCE (ITEM II-D.1) ITEM #13881 MINUTES On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, City Council voted to APPROVE the minutes of the Regular Meetina of June 18, 1979, as the minutes had previously been distributed t@ Council for their consideration. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None (ITEM IT-E.1) ITEM #13882 RESOLUTION Mr. Nicholas Pope, father of Randy Pope, appeared and spoke on the follc)wing Resolution of Appreciation. 6/25/7 9 -6- R E S 0 L U T I 0 N 0 p APPRECIATION F 0 R L IF E-S A VIN(; EP FORT WIEREAS, on Tuesday, 22 Ilau 1979, P4rs. PEGGY HODGES, a resident of 952 Clubhouse Road, King's Arms Apartments, witnessed an auto accident on Lynnhaven Parkway at Dozier's Creek Bridge, in the City of Vi@inia Beach, and cazled to her husband, ROBERT HODGES-; and, WHEREAS, ROBERT HODGES ', keen to the sensitive expression of his bezoved wife, did respond with haste to see the auto had overturned into Dozier's Creek under the bridge; and, WHEREAS, ROBERT HODGES sumoned his friend and neighbor, LEO OLIVAREZI- and, WHEREAS, ROBERT HODGES AND LEO OLIYAREZ forded water to their shouzders, managed to open a door where they found one victim, Randy Pope, doubled over and unconscious in the front seat, and puzzed Pope to shore where HODGES administered artificiaz respiration an,! mouth-to-mouth resuscitation to restore the Zife of Randy Pope; and, WHEREAS, LEO OLIVAREZ was azert to possibZ.Zl another vi(?tim in the auto, he retuy"ed to the Creek's waters ' Ile reached into the back seat of the auto and touched the face of Tom CaZi, who was corapZeteZy unconscious and no puzse couzd be found. He cazled to HODGES, who ha,,)ing restored @ife to Pope, ir@mediatezy re- turned to the water to assist his neighbor in another rescue; and, Will@7,'?EAS, LEO OL-TVAREZ went @nder water to @@ree Tom CaZi from the back seat of the auto and creek mud, they were abze to bring the ZifeZess Tom CaZi -10 shore. The two men worked on CaZi untiz the Rescue Squad aprived and took both victims to the hospitaz where both s@ived and wiZZ @oy good heazth: W, THERFFORE, In HonorabZe 7?eo,@)g?,.ition of unsezfish and brave conduct during this unfoptunate incident, the Virginia Beach City Council does hei,eby pay tribute in pubzic recognition to these residents for thei@ i@ediate and courageous action to save the Zives of two individuazs at that time unknown to them. IT FURTHER RESOLVED, that this ResoZution be prepared in dup Zicate to these citizens whose response saved the Zives of two other citizens ami FU-@THER that a copy be spread upon the record of this For,.7iaZ Session oi- City CounciZ this 25th day of June 1979. -&ng The Hono@abZe Patrick L. Itand Mayor C,@ty of Viyginia Beach p 4@ 6/25/79 -7- On motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to ADOPT the above Resolution of Appreciation for Life-Saving Efforts to Robert liodges and Leo Oliverez. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None Mrs. Dorothy Traub, member of the Virginia Beach Safety Commission, appeared before Council and presented Robert Hodges and Leo Oliverez life saving award from the Virginia Beach Safety Council. (ITEM II-G) ITEM #13883 CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED, WITH THE EXCEPTION OF ITEM C.1 and G.5-THESE WILL BE VOTED ON SEPARATELY. (ITEM II-G.2) RESOLUTION WHEREAS, it is standard accounting procedures to allow for a charge-off of uncollectible accounts, and WHEREAS, an earnest and diligent effort has been made by City Departments to collect their overdue accounts, and WliEREAS, the following accounts which total $28,192.57 are deemed to be uncollectible: Planning Department (62 items) $ 218.55 Police Department (105 items) 625.00 Animal Control (82 items) 873.00 Department of Public Works: Refuse (11 items) 1,562.96 Highway (162 items) 14,357.82 Finance Department/Tnsurance (58 items) 10,555.24 Total to be Charged-Off $28,192.57 6/?-S/79 -8- NOW, THEREFORE, BE TT RESOLVED BY 'I'HE City Council of the City of Virginia Beach: That $28,192.57 be charged-off as uncollectible accounts and removed from the City's records. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of June 1 1979. On motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted to APPROVE the above Resolution authorizing various City departments to charge-off uncollectible accounts in the amount of $28,192.57. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 6/25/7 9 -9- (ITEM II-G.3) TTEM #13884 AN ORDINANCE TO AMEND AN ORDINANCE ADOPTED FEBRUARY 23, 1976, PERTAINING TO THE CLOSURE OF A PORTION OF GREENFELL 790.3 AVENUE (FORMERLY GEORGIA AVENUE)-, ITY OF VIRGTNIA BEACH, VIRGINIA WHEREAS, on February 23, 1976, City Council adopted an ordinance closing a portion of Greenfell Avenue (formerly Georgia Avenue); and WHEREAS, said street closure was subject to five con- ditions enumerated in the ordinance; and WHEREAS, condition No. 2 of that ordinance required that a twenty-foot utility easement be dedicated to the Department of Public Utilities according to that Department's specifications; and WliEREAS, there is presently pending a sale of the property and a proposed development of the property, which would conflict with said twenty-foot utility easement; and WHEREAS, the Department of Public Utilities considers it in the best interest of the City to have the developer install, at developer's cost, approximately one hundred fifty (150) feet of sewer line adjacent to the development, in lieu of the easement previously required; and WHEREAS, it would be necessary to extinguish said easement in order for the sale of the property to take place and development to proceed. NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA: 1. That the condition No. 2, of that certain ordinance closing a portion of Greenfell Avenue (formerly Georgia Avenue), adopted by the Council of the City of Virginia Beach on the 23rd day of February, 1976, requiring a dedication of a twenty-foot utility easement, is hereby extinguished. 2. That in consideration of the reiqoval of this utility dedication, the property owner and developer hereby agree, by the letter attached hereto and made a part thereof, to set up an escrow 6/25/7q fund in an amount approved by the City of Virginia Beach in order to ensure the construction of the one hundred fifty (150) foot sewer line , to replace said easement, to be constructed in accordance with the specifications of the Department of Public Utilities. 3. That a copy of this ordinance, certified by the City Clerk, shall be spread upon the public records in the Clerk's Office of the Circuit Court of the City of Virginia Beach and indexed in like manner as a deed to land. Adopted by the Council of the City of Virginia Beach, Virqinia, on the 25th day of June , 1979. On motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted to APPROVE the above Ordinance to amend an Ordinance adopted February 23, 1976, pertaining to the closure of a portion of Greenfell Avenue (formerly Georgia Avenue), City of Virginia Beach, Virginia, by deletinq the utility easement dedication requirement and requiring the construction of a sewer line be done in lieu thereof. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roqer L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None Certified to be a true excerpt from the minutes of the City Council of the City of Virginia Beach, Virginia, approved June 25, 1979 Ruth Hodges Smith, City Clerk 6/25/7Q -11- (ITEM II-G.4) ITEM #13885 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 25 day of June 1 1979. On motion by Councilman Baum, seconded by Councilman Ferrell, the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, in order to conserve gasoline for certain vehicles which are owned by the City of Virginia Beach; and WHEREAS, the City Manager has recommended that field crews involved in maintenance and construction be authorized to work a ten hour, four-day work week to conserve energy; and WHEREAS, such a measure is temporary for the summer months through Labor Day 1979: THEREFORE BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the action of the City Manager is implementing this program to conserve gasoline is hereby ratified, authorized and confirmed. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of June 1979. On motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted to APPROVE the above Resolution authorizing field crews involved in maintenance and construction to work a ten-hour four-day work week to conserve energy. This measure is only temporary and will last through the summer months until Labor Day, 1979. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None 6/25/70 -12- Council Members absent: None (ITEM II-G.6) ITEM #13887 AN ORDTNANCE TO ADOPT SECTION 2-43.8 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO HEARING PROCEDURES BEFORE THE PERSONNEL BOARD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA: That Section 2-43.8 of the Code of the City of virginia Beach, Virginia, is adopted as follows: Sec. 2-43.8. Same - Hearing Procedures. The Personnel Board is hereby empowered to adopt rules and regulations pertaining to the hearing procedures to be followed before the Board. All such rules and regulations shall be adopted by majority vote of all members of the Board; shali be signed by the Chairman of the Board; and shall be lodged with the Secretary of the Board. These rules and regulations shall be available in the Office of the Department of Personnel during regular business hours. The Board is further authorized to amend or rescind any previously adopted rule or regulation by a majority vote of all members of the Board. Adopted by the Council of the City of virginia Beach, Virginia, on the 25 day of June 1 1979 On motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted to APPROVE the above Ordinance to adopt Section 2-43.8 of the Code of the City of Virginia Beach, Virginia, relating to hearinq procedures before the Personnel Board. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing 6/?5/79 -1 3- Council Members Voting Nay: None Council Members absent: None (ITEM II-G.7) ITEM #13888 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 25 day of June 1 1979 On motion by Councilman Baum, seconded by Councilman Ferrell, the following Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, certain applications for tax refunds have inadvertently been paid prior to approval of City Council and the City Attorney; and WHEREAS, the ordinances for these tax refunds have now been certified for payment by the City Treasurer and approved as to form by the City Attorney for these transactions. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the payment, upon certification of the City Treasurer, for tax refunds evidenced by the ordinances attached hereto as Exhibit 1, dated February 2, 1979; Exhibit 2, dated March 24, 1979; Exhiblt 3, dated April 10, 1979; Exhibit 4, dated April 17, 1979; Exhibit 5, dated April 27, 1979; Exhibit 6, dated May 23, 1979, Exhibit 7, dated May 30, 1979; and Exhibit 8, dated May 30, 1979; are hereby ratified and confirmed. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of June -1 1979. On motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted to APPROVE the above Resolution ratifying the payment of $8,455.39 in tax refunds. The ordinance for these tax refunds have now been certified for payment by the City Treasurer and approved as to form by the City Attorney for these transactions. Voting: 11-0 6/2 5/7 9 -14- Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 6/2 5/7 9 ITEM #13889 -15- (ITEM II-G.8) :CIL c That T:Iir-, Lp-,)Iicz!' icns -r L@ r c c, r t' the Trea-surer are hereby approved: "@l 7. 50 y To -ali-np, $ TI--X) TYPE TICKETI E,,,'O@IER- li,LMV@ IYEA Or- TA-- TION NC 1, I D-@ 11@l -TOT,'@ T)@sr,)cl,es, _i. 6, A. 79 CD 503(;3 1-/20/70 7.50 Scl,,wartz, J@,)]-in P. 79 CD 33 941@ -7. 50 "Tall, Stever F. 70 CD 1-01@-12 1/12/7(4 I',). 00 Sanders, (',ladvs M. /C) CD I)qlol 5/3/ -7 0 7 @Tarsh & BasgLiier 70 CD lporo 1 /Q/-70 @OMeagher, P. X. CD 6231)7 1/31/") 7.iO -7 -7 . ',o Bur@steirer, D,)uglas q CD 10')330 Zemil, Mic,iel 79 CD 2q231 I / I I-7 0 7 . T'iilla,,r,s, Altir E. 7@ CD 21)524 1/11/10 7.'iO Pearlire C. 79 CD 611@57 I-).OO I'lli,t-e, C)Itimbiis E. 79 CD 11 /101-1-1) 1/1-7/,n 7 R,)Iland 70, CD 1-021,@7 1/3/10 /.-)O @-lird, R. F, L-)ro, 1). 79 CD @i5339 3/23/7q 7.@O ,7illis 'Tillt-),) -7 Q CD 2 20.00 -)rt-)T, N, -7 9 M )rwi.cli Pr,)Ci. 1) CD 1501 2!1/ 1.50 Ereks,)r, Jear C. 7Q CD 3PI@'3 "i r) /,o -7 . 9 0 T,'.isll-)n IVelma A. 79 CD 132@@21 /i@/10 .-,o T',ernett, D. & A. 79 CT) 11cts102' 1/3!70 I c@,x, C . @, K. -7 9 CT) 33031 0 / 7 9 r) . 0 1), @ia r@@ In c') lib CD 12-1/49 5 1/15170 RiOav. J.-)se,,)h D. 70 CD 97047 3/20/lc) 1.50 Alb(@a, Litlise i@nr 79 CT) 3P341 1 /191/'70 Tli@@as ,7)el,)res B. 7f) CD 3 r)O /,3 l@ / 1 -7 17 (I 7 . -,o Fvans, Bettv P. 7L) CD !!t2l26 I / I 0 / 7 n 7 . 5rN, Fi el-d, Cl,,iri@s R. 79 (@D 34/70@ 1-7 0 . 'o Call, D. A. & P. A. 70 CD 21"@ 3/2r)/In 7.-,0 Brti@,ger, 1,@ern(,,t-h 79 CD TI@1219(- ill 9 /71) .7 n "@-)rr-)e, L,)ui,se r. 79 CT) 13-7001) 11/2n,f-O r) J. M. S. 79 CD l@12100 1/1-2 /'O -7 ',f) (-,I-Lr s t-)T)IO-r I 0, Ci) @!tool r) Elw-).)d 70 CD ',/q29 7 T'i:))I@s, L. 'o CD 1330', 1 !14/71) 2.@O T',nis,seai,. @T. 70 ',D 21'33 110 /-79 17.no A. 70 ')0-2' 1 /-7 0 0 D,tlgl-iei-tv, Chnrlie 'O CT) l(,0171; D,)tl@,@ertv, J(,,aT,ne In r) 10033' 1,1!, io 15.00 Narelle, Gi-art 1 70 1 CD I0 02 1 0 1/23!70 1 1 1 1 The above abatement(s) totaling Cewtified t; ,3 3 @, I-e) were approved by the Council of the City of V)irginia Beach on the day of JOU T. Q asur, Approvcd as to form: 6/25/7 9 -16- A, AN ORDINANCE AUTHORIZING TAX REFUNDS Date 2-22-79@@@s UPON APPLICATION OF CE@RAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER 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: 640.68 Totaling $ TAX TYPE TICKET EXONER- DATE NAME YEAF OF TAX NUMBER TION NO PAID PENALTY INT. TOTAL rell Brothers Inc 79 CD T46540 1-30--@9 57.20 rell Brothers Inc 79 CD T46522 1-30--@9 57.20 rell Brothers Inc 79 CD 46528 1-30--19 15.00 is A. Ottavi 79 CD 16691 1-5-7@ 15.00 s D. March 79 CD 90867 1-29-'19 15.00 s D. March 79 CD 90868 1-29--19 15.00 lie R. Swegan 79 CD 62661 1-31--19 7.50 of Virginia 77 pp PS-TP- 6-10-@7 15.00 ig, R.F. 78 pp 113310 12-5--18 40.50 L. Waterfield 79 CD 104048 1-5-7( 7@50 eph E. Bickers 79 CD 52122 1-29-.9 7.50 ld &l.inda B. Paredes 79 CD 46356 2-2-71 7.50 los C. Forsythe 79 CD 16171 1-9-7( 7.50 ert & Estelle Bell 79 CD 91276 1-29- :@9 7.50 cas N. Taylor House 79 CD 105505 1-5-7@ 7.50 el & K. Johnson '19 CD 130140 1-16--19 7.50 A. Moore 79 CD 81801 1-8-7( 7.50 is Strom 79 CD 127315 15.00 liam Lonnie Wiggins 79 CD 127317 1-12- 9 15.00 e N. Wiggens 79 CD D03070 1-31-'.9 1.00 ginia B. Ackerciian 79 CD 26437 1-15--19 7.50 cnd P. Lowe a 79 CD 92411 1-31--19 7.@JO vd Allen Prouty 79 CD 117882 2-14--19 7.50 een P.O'Leary 79 CD 95333 2-5-7@ 7.50 las V. Norinan Jr. 79 CD 58100 2-9-71 15.00 rick Q & I. A. McMahoi 79 CD 42140 1-22-.9 15.00 rick Q & I.A. McMahon 79 CD 42139 1-22--19 15.00 . Stant Jr. 79 CD 43714 1-25-'19 15.00 a B. Ange 79 CD 19255 1-12--,9 15.00 rk, Hofhe4-mer & Stant 77 RE 71154- 11-29-77 6.17 -,inia F. Jackson 79 RE 58835- 1/2 11-26-78 10.81, -.inia F. Jackson 79 RE-- 21.512- 1/2 11-26-78 28.11 ginia F. Jackson 79 RE 19473- 1/2 11-26-78 84.67 ,Oinia F. Jackson 79 RE 8406-9 1/2 117r26-78 62.49 ert Atkinson 79 CD 33741 1-17--19 7.50 is J. White 79 CD 16556 12-29-78 7.50 Th@ abatement(s) totaling ied as to payment; ove , (,,jl_ were approved by the Council of the City of,,Virginia Beach on the @,/a day of 7- JOM T. @FKINSON, Treasur@r Approved as to form: Ruth H. Smith, City Clerk J. Dale Bimson, CiLy Attorne -17 - AN' ORDINANCE AUT]IOIIIZING TAX RL-,FUIIDS Dite 3 UPOLI APPLICATION 01-' CFI@TA114 PI-,'RSOIqS AND UPOII CERTIFICATION OF TIIE TREASURER BE IT ORDAINED BY TI[E COUNCIL OF Tlll;.' CITY OF VIRRINIA Br,-ACIi, VIRGINIA: That the folloxjin@ applications tor tax refunds upon certification of the Treasurer are hereby approved: 5, 970. 87 To:alinp, $ TAX TYPE TICKET EX0k4ER- DATE NAME YEAR, OF TAX NU,,IBFR TION N( PAID @ENAL'KY INT TOTAT- nited Va. Mort. Co. 78 RE2/2 21301-9 6/1/78 -147.51- nited Va. ',,I,)rt. Co. 7,9 "El/2 59643-9 12/1/77 142.03- eef C-)urt Assic. 76 PP 1020r)6 1/4/77 L5c,16.04- indsay, Harvey L. 79 REI/2 40380-7 12/5/7?, 42.00- ar,e, T. & G. 79 Prll/2 36232-0 .11/14/78 30.00- rown,.Jill 77 PP 103038 4/1-7/79 340.20- teir, James C. 7@, pp 38343 11/9/78 47.88,- ei-thers, Paul S. 78 PP 11-)249 12/1178 108.00-1 athey, Pal-ph A. 78 PP 113229 3/16/79 23."12- arsi, Jamshid J. 78 rp 29545 s!@(.W, S. & G. 79 RT'112 60621@O 11@/30/78 20.00' ifford, Lee A. 79 1I / 2 2 5 545- 5 10/14/78 754.91- oef--iel(]- Margie 78 PP 119255 12/5/78 1 47.94 aw Per P-)int Co. 79 PEl/2 50477-6 11/13/18 5-D3.35- IcKay,,Debbrah A. 78 Pzl 117377 11,'/21/78 I 97.@10- wer,, F. @ C. 79 PP 69270 5/10/7q -7 P, ood-,*ng, rrancis G. 79 PD 3r)223 5/8/79 -4.02@ ot,)r@-)Ia, Inc. 78 PP 112139 12/5/78 99.84-/ 'ide Corn '7 0 ,71 /2 4338-1 1 1 / I /i / 7 F, 8 (),6. P, 0 ays I ils,)tl, C,)ra 79 ',,,EI/2 71@145-' 2/13/'9 ickles, Nira 79 R@1/2 '4q,@45-6 11/28/79 113.67@ arvel., J,)hr, J. 78 PP 119057 j-1/13/78 B ',Iort. Corp- 77 P,-@ 6mi. 650!+O-l r,/17/77 155.FO,' B Tlort. C,-)rp. 79 1),EI/2 @,319-9 11/1 @)17,, 40.001, @',irt. CirD. 7F PT'1/2 66"96-6 11/26/77 194.03,, B @T-)rt. Corp. 7P PT:2/2 ')6796-6 11!26/77 '54.03,' The above abatement(s) totaling C o p@yment; were approved by the Council of the City of,)Virginia Beach on the @,f'g day of 1,7,7 i T. ATI@lN@ON; 'qireasu-rt CU Approvcd as to form: J. Dale Biinson, City Atto, C) - /'-3-0-/ 7 TI?E C)l@ C-, C@F %,i,,r I,- I-oll fc)r c tbe 1'reasurer are I,.erc-,by approved: $22 5. 00 To--alin?- $ TIX TYPE TICKETIEZOI;ER- DATE N A-M YEATJ\ Or- TAI@ NU@IBERI TION l@( PAID DENALTY IIN'T TC)TAT-- r,)ol@s, Lawrence L. 79 CD 13305 1/4/79 7. 50 - arton, Henry A. 79 CD 62893 2/1/79 7.50,/ 3ke, H. & ill. 79 CD 48522 3/19/79 7.50 ' unningham, J. &L. 79 CD 122698 1/15/79 7,50" .7eller, J. 79 CD 39594 1/22/79 7.50-@ ewman, Hamnton 0. 79 CD 2794 4/11/79 7.50-,/ earlirg, R obei-t S. 79 CD 36867 1/19/79 7.50 urcier,l PhilliT) W. 79 CD 92706 1/30/79 7. 50 ewcomb, Glynn L. 79 CD 88744 1/22/79 7.50-' lk(-.r, Don LeIe 79 CD 90478 1/30/79 7.50-/ ro,lll Edward A. 79 CD 81r)22 1/3/79 7.50,- "ill, 17i.Iliar, A. 70@ CD 826,q6 1./4/79 7. 50 -' urran, Richard Lee 79 CD 106718 1/9/79 15.00-- ower, Margaret A. 79 CD 66240 1,,/13/79 7.50- teward, John M. 79 CD 17523 1/5/79 7.50 - tout, Forrest 714 CD 3F,208 1/19/79 7.50 ees, R. A. & E. C. 79 CD 81572 1/3/79 7.50 - iddick, Pe-gie L. 79 CD 65373 4/17/79 7.50-' IcKar@na, J,3hn 79 CD l@6093 l@/29/71) 15.00 - rowti, Lawrence P. 79 CD 122641 1/4/79 7.50-- oss, Carl D. 79 CD 100653 ]-/21/79 15.oo aylor, L. Earl 79 CD 117073 1/22/79 7.50 malley, l@. & D. 79 CD 80396 I/!+/79 7.50,/ ignor, R. K. & C. R. 79 CD 11C,210' 1/23/79 7.50 - lolc-)mbel Pearl H. 79 CD 109100 1/10/79 /.50- Teflir, Bruce A. 79 CD 67229 5/21/79 15.00-1 The above abatement(s) totaling payment; 2) - were approved by tbe Council of the City of Virginia Beach on the v@4 day of r( Approvcd as to fonii: Rutli 11- Smith, City Clerk J. 1).ile Bim!-,on, City Atto, IT T t, -1 Z- - C a4 Cl,.-i E7 fc)-l the Treasurer are hereby approved: $51,2.91 To-aling $ TAX TYPE TLCKET EXO!IER- DATE I EA-ME YEA) Or- TAX l@lj@iBER TION l@C PAJ-D D R-I'AL L- 11@l TOTAL Gidv7in, Mrs. J. D. 78 pp 113660 12/4/78 118.6'-', Kelley, Benjamin 79 pp 50655 5/7/79 5.22- Rock Church 79 REl/2 63098-7 3/7/79 232.01- Dasbiell, G. S. &J. 79 CD 81639 1/3/79 7.5r) cKeell A. J. & R. L 79 CD 138510 1/29/79 7.50-- inor, Richard 79 CD 122771 1/5/79 7.50- Dear, John @!. 79 CD 3383 5!8/79 7.50- smith, ilarren 11. 7@ CD 97851@ 4/18/79 7.50' @rady, Karen R. 79 C") 1014'095 1/5/79 7.50- ii-)xqell, Robert S. 79 CD 225r)l 1/10/79 7.50- Fatist, Yv,-)vne, 11. 79 CD 13P)567 1/29/79 7.50- Via, @lichael A. 79 CD 35078 1/17/79 7,50- ABI-I Const. Corp. 79 CD 83560 1/9/79 7.50, Lyons, Ilar.-)Id F. 79 CD 21784 1/10/79 7.50 illia,-.s, @Gladys C.' 79 CD 33267 1/17/79 7.50, Sc,,3@lt, liarry D. 79 CD l@35637 1/25/79 7 Atcliison, Flora @t. 79 CD 28234 1/11/79 ".50- Scoggirs, Emi,.iett T. 79 CD ioilpolo, 1113/79 7.-50, Stewart, J. & F. 79 CD 10()377 3/9/79 7.50- Ilaynes, rdbert C. 79 CD ltt4l78 1/25/70 3.50' M,)rris, Sarab 79 CD 135977 .1/26/79 7.50' ,J,)hnsor,l Talter C. 70 CID 8709,q 1/16/79 7.50,- Ervir,l Vicki- C. 79 CD 2145lt2 1/1.1/70 .50@, Smith, Eucon F. 79 CD TrLl46l-c9 @i/4/79 1.75, Stewart, Eldred A. 79 CD TR7-1@2211 1/15/79 1.75- Lefavor, @largaret 79 CD q4P@39 1/12/79 7.50- The above abatement(s) totaling yment; 17/ _ were approved by the Council of the City of Virginia Beach on the day of Treasiirc Approvcd as to fo3nn: R@th H. Smith, City Clerk J. 1).ile Bimon, City At-to-. -20- AN ORDI@IANCE AU'rilORIZING TAX REFUliDS Dat:C UPON APPLICKEION OF CER'YAII4 PERSOLQS AND UPOII CERTIFICATION OF TIIE TREASURER BE IT ORDAINED BY TIIE COUI\CIT. OF TIIE CITY OF VIRGINIA BEACII, VIRGINIA: That the folloxqin@ applications tor tax refunds upon certification of the Treasurer are hereby approved: $2 07. 30 To:alinp,, $ TAX TYPE TICKET EXONER- DATE NAME YEA@ OF TAX N@,IBER TION N( PAID :IENALTY INT TOTAL Prbcto r & Gamble Dst 79 CD 44753 1/25/79 15.00,/ iicqt.,in, T,)(3d / 79 CT) 133039 1/19/79 7. 51 v Per.nvpacicer, Dorothy /79 CD 106031 1/8/79 7.50- @firel)an, Nancy,/ 79 CD 3929,, 1/22/79 7.50 - Dominesey, N. & P.-/ 79 CD 837,98 1/10179 7.50 - Ttirret, Car3lyn 79 C,-) 134901 1/21+!'9 7 . 50 - ,T "ills, R,)bart E@ 79 CD 11911, 1/9/79 7. 50 - -6 1 1 Lit,n, John R. -/ n l@520 1'5/79 7. 50 - Q)le,,nar, J; &.J.v 79 CD 1131,q4 l@16/79 7 . 50 - Ci:a'Y, R,)bert 11.@ 79 cr) 822(37 1/4/79 7. 50 - Fi,@5g' Th,)-,i@as "t. - ,79 CD @@5P!', 1/30/79 14.00- Kitchcr-s, Sh@iror. C 79 cl 5320r) 1/7/71) 7.50 - Cliff,)rd, Do.-i-s E. 79 CD 121@715 1/![//9 7. 50 ---hc-,ster Ii.,, 79 CD !i9O-)7 1./31/79 5.20 J.' & V. -19 CD 131438 I/i8/79 15.00 Sr der, J,)Ann y 14673 1'/9/79 7. @-0 B orkman, R. &c ll')17 1/2/79 7@. 9r) 7,y,)rs, Ilarold F.,/. 79 CD 2173(, 1/1,0/79 7.50- Clvz oz;, --'.,-iarles E.,/ 79 CD 16549 1/5/79 7..50- Cananli, Gei--al.C@ CD 107232 1/10/79 7.50 Brenrer, Rochelle 1. 79 ")9750 1/12/79 7.50 I-ICT)O,,Yell, Roy EV 79 CD 28926 1"12/79 r)o Greer, ',"ary F.,/ 70 CD 11-0929 !./].0 /79 7. 50 Lacl@s, Joarn 79 CD 135018 1/24/79 7.5D - Ail,,r,an, ll"ynthia L. v 79 CD 139394 1/30171) 7. -11) - The above abatement(s) totaling as to nayrpent; c 7,,3 c, were approvcd b,, the Council of the City of ,, Virginia Beacli on the,@@,z day of J @. N- -- JT "i. fffKI@ON, 1rezisure Approvcd as to fonn: k J. ])ale Bimsoii, Cit Attoy -21- AN' ORDINANCE AI.TFIIOI'IZTI@G TAX REI-'CJIIDS Date @'l,")7/70 UPOL@ AIIPLICATION OF CER'I'AIII PERSOLN 3 AND UPON CERTIFICATION OF TIIE TI@EASUI@ER BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA; That the follox.)in@ appl.ications for tax refunds upon certification of the Treasurer are hereby approved: To -alinp,, $ 2 55. OC, T,AX I TYPE -TICKF-T EYOIIER. DATE NAME YFO OF TAYJ NU-,4BER TION N( PAID DENALTY INT TOTAT- Bloomer, Gilda W. 79 CD 127113 1/11/79 7.50, Pierce, Charles H. 79 CD 104815 1/8/79 7.50, Wood, Avery G., Jr. 79 CD 35143 1/18/79 7.50, Reed, Charlie M. 79 CD 89845 -/25/79 7.50, Wil.son, Robert W. 79 CD 101575 i/2/79 7.50, Laham,- Mildred W. 79 CD 138902 1/30/79, 7.50, Hill, Nlarjorie L. 79 CD 132112 '-/17/79 7.50, Gall, Barbara A. 79 CD 89321 -/23/79 7.50, Sawitski, Joseph 79 CD llF3O2 1/24/79 7.50, ilrown, William B. 79 CD 110479 1/16/79 7.50', Fillmore, Robert W. 79 CD 58854 2/27/79 15.00'/ Ne@bern, Frances. R. 79 CD 126954 1/15/79 7.50, McAlorum, Marie T. 79 CD 128614 1/17/79 7.50, Lanc@ster, Winnie S. 79 CD 127932 1/22/79 7.50. Weir, JohrT Starlev 79 CD 4739i 3/8/79 I 7.50, Blazek, Tab Andrew 79 CD 53514 1/7/79 7.,50, 19 @lhite., Ed'ith L. CD 87219 1/18/79 7.50, Newton, W.. S. 6- C. 79 CD 60695 1/30/79 7.50, Fletcher, John E. 79 CD 135715 1/25/79 7.50i Christian Broadcast 79 CD 43576 1/23/79 7.50, Smith, Michael B. 79 CD 64294 2/16/79 7.50, Ellis, @larviii 79 CD 100642 I:/3/79 1 7.50 Rocheleau, Lutille 79 CD 1.09299 1/11/79 7.50, Richardsin, Lorne D. 79 CD 118811 1/24,/-,79 7.50@ Lan,e, Robert T. 79 CD 112244 1./15/79 7.50, Curnin@ham, Ilarriet 79 CD 13674 1/3/79 O' Lyons, Harold F. 79 CD 21785 1/10/79@ 7.50, James, Michael 79 CD !@6747 1/31/79 '/.50, James, Michael 79 CT) @,@6746 1/31/79 7.. 5-0, Crawford, Carl R. -/9 CD 13,R514 1/29/79 7.50' Pallo, ',,Tartha E. 79 cr. 111956 1/16/79 7.50, Dean, Mary 79 C,) Ci2588 1/31/79 7.50 1- Knight, J..J. & S. N 79 CD 61656 2/1/79 7.50' The above abatement(s) to-,aling CeAif i, nt; were approved by the Council of the City of,,/@Virginia Beacli on the @ 0 2@ day JOq T. Approved as to form: k J. ))ale Bimson, City Attoi -22- DIIIANCE AUTIIOI'IIZING TAX REFUIIDS Date Ii/171/ Lea APPLICKFION OF C],-IRTAIII PERSONS POII CERTIFICATION OF TIIE TREASURER P R 1979 BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACII, VIRGINIA: CITY OF VIR'o'lti'IA BEACH ThatDivLwo,f,e@IRIA@W, applications for tax refunds upon certification of the Treasurer are hereby approved: $403.23 To:alini,, $ TAX TYPE TICKET EXOI-4ER- DATE 14AME YEAF OF TAX NLNBER TION NC PAID 3ENALTY INT TOTAL Davis, Jayne M. 79 CD 97683 4/10/79 15.00' Springett, John E. 79 CD 16053 1/8/79 7.50, Beilman, C.A. & D.D. 79 CD 113440 14/11/79 7.50, Meli@onis, Dennis P. 79 CD 1-10083 1/12/79 7.50@ Matthews, l@Tilliam F. 79 Ci) 109516 1/11/79 Shields, Justine R. 79 CD 29145 1/11/79 7.50' Ciccore, @lichael A. 79 CD 94637 2/1/79 7.50' Pratt, Nancy G. @7@ CD 35461 1/18/79 7.50- .essing, Raymgnd E. 79 CD 129429 1/16/79 7.50@ Graham, Sadie D. 79 CD 11051 1/12/79 7.50, Fa .1@krbarks, G. C. III 79 CD 101647 1/3/79 15.00 Ross, Delores C. 79 CD 55194 1/7/79 7.50 P,)Stl T!.E. & K.L. 79 CD 109694 1/11/79 7.50, Harrison, Lola V. 79 CD 96515 3/2/79 7.50, Gillespie; Elbert N. 79 '@D 108691 1/11/79 '.50, Heilman, D. & C. 79 CD TRIZ@3)P)- 1/17/70, t.75 17hit,e, Richard 79 CD 1285@4 1/13/79 '.50' Vourakis,.Susan P 79 CD 30485 1/5/79 15 00, Dowfii-ng, Olive G. 79 CD 83973 1/11/79 15.00 Dukelow, Theodore VI. 79 CD 26992 1/15/79 7.-)0 11CRae, Oliver F. 79 CD 14D719 1/17/79 1.50 E. 79 ,)o- 16696 4/2/79 5.00- Austin, @lilliam C. 79 CD 135301 1/25/79 7. 50' Brown, Bart l@. 79 CD 57433 2/6 '/79 D Ingram, Earl L 79 CD 23998 1/11/79 7.50, Ca,,TI-3bell, flarold J. 78 PP 14195 5/11/73 5.40 Natior@l r-lev.Corp. 74 PEl/2 40055-1 3 0 / 7 I+. 20.16 Co"onial Group Inc. 79 REI/2 30967-1@ 11/22/79 28.00 Grant, Delores l,'. 79 CD 35863 1/23/'19 7,50- Eg@lest@n, Steven D. -/9 CD ),@@,C)7 3/l./'9 15.00, @"tit7t,al Fc-deral- q&L 79 PEI/2 !@@P76-2 12!20@178 16.00 C,illirs, @farie 1,1. 79 CD 253'@19 1 / 1-,7 /7 9 7.50i C-)I,)i,ial CrDi-ir) Inc. 79 REl/2 23,@41-1 11/14/,F, 52.92 /Pts 19 -@El/2 577-',9-9 12/5i/',q i@o.oo. D,)iqr(,y, ','@aIT)h P. 79 CD 13F./44 1/4/7Q 7.50@ The above abatement(s) totaling Ce ified as to @'g. @,3 were approved by the Council of the City o@,Virginia Beach on the day 0 f JOIWJT. NrKiNS-6N, 't3?e-,sure Approvcd as to form: k J. ])ale )3imson, City Attoi, -2 3- AN' OPDl@IAli(:I--, AUTIIOII[;IING TAX REFIJIiDll,; Date 11,101-11 UPON APPI,ICATIOI,' 01-@ Cl@'RI'All' PERSONS AND UPON CEICFIFICATION OF TIIE TREASURER BE IT ORDAINEI) BY TIIE COUNCIL OF CITY OF VlltGllilA BEACII, VIIZGINIA: That tlie folloiqin@ appl-ications for tax refundg,@pon certification of the Treasurer are bereby approved: $240.40 To -aliiip, TAXJ T TICKET EXONER- DATE NAME YFM OF TAX NLMBER TION NC PAID @ENAL'EY INT. TOTAL liester 11. 71) CD 107620 1/10/79 7 . 50 PrestDr, John B. 79 CD 1/23/79 7.50, Revnolds, qorace J. 79 CT) 116581 1/19/79, -/.50/ Atkirs, Jerido 79 CD 2/9,179 7.50/ Swain, Susan B. 79 CD 122742 1/5/79 John E. 79 CD 28676 1/20/79 -.50@' Rutos@ Al.ex -179 CD 1.11043 1/12/79 7.50J- Bell Flc)yd R. 79 CD 9.@oll '1/1-9/79 Albertson, @,lillian 79 CD 7 9C)/ 277 1/19/79 -)tjcl<a, James L. 79 CD 113847 '@/17/79 L @ 50' Linett, E. & P. 79 CD 35827 1/9/79 7.50J !7ykes, Jesse C. 79 CD 109792 1/12 '!79 .-/.50/ Mei.ss, 1,7illiam S. 79 CD .1r)18 2/2/79 -.7.50J smith, Harold A. 79 CD 13406 1/31/79 7.50@ Avery, Ivonnc C. 79 CD 5'1935 2/5/79 7.50) Roberts, Steven G. 79 CD 39833 1/22/19 7.50, Ross, Chuck 79 CD 11520Q, 1/19/-/9 7.501 Grirnell, Terry 79 CD 131288 1/18/79 7.5()' Dewitt, !Ticliael T.' 70 CD 597P,5 3/19/79 7.10@ Truclc Lease Corp. 79 CD 11-11751) 1/31/79 13.(,5-' Byrd, Lonnie D. Jr. 79 CD 29,023 1/1,7/79 50- Dior,, Dorothy M. 79 CD 1383@)5 1/31/79 7.50Y lqard, Allen 79 CD '04757 1/12/-79 7.--DO@ ; Scearce, S. F. &D. 79 CD TI,1,144081 1/22/79 1.75' @C BLlilders, Inc. 79 CD 122740 1/5/79 7.50 .I Richards,)n, Ray 0. 79 CD 16365 1,/8179 7.50' Ed@e, Sylvi,a M. 79 CD 39370 1/3/79 '.50' lic.Alli-ster, Duncar,. 79 CD S3184 1/29/79' 7.50 Jac@,.soi-, Car,)l-J. 79 CD 115200 1/19/79 .-,.50' Kenneth I%'. 79 CD 102990 1/4/79 7.50@ Blancliard, Patsy B. 79 CD 119385 1/24/79 -/.50, Beptiett, Davi.d 1. 79 CD 47308 3/2/79 -17.50@ The above abatement(s) totaling were approved by the Co6ncil of the City,o i7i/ni fT Beacli c,, the day jhi yj]N T. k@r. ure Approvcd as to for ,m: k J. l)-ll.e BiiDson, City Attor -2 4- On motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted to APPROVE the above Ordinance for tax refunds in the amount of $337.50. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None (ITEM II-G.9) ITEM #13890 Requested by: Councilman Merrick The regular meeting of the Council of the City of Virainia Beach, Virginia, was held in the Council Chambers of the Administration Building on the 25 day of June 1 1979 On motion by Councilman Baum, seconded by Councilman Ferrell, the following Resolution was DEFERRED ONE WEEK: R E S 0 L U T I 0 N WHEREAS, on March 5, 1979, the Council of the City of Virginia Beach, Virginia, deleted Old Donation Parkway from the Master Street and Highway Plan; and WHEREAS, on October 5, 1975, a subdivision plat entitled "Subdivision of Blair Point" dated June 7, 1979, was duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 111, at Page 42; and WIIEREAS, the recordation of said plat dedicated riqht-of- way for the proposed Old Donation Parkway; and WHEREAS, it is the desire of the landowner that she be reinvested with title to the dedicated right-of-way as shown on that plat. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: F,/ 2 5/7 9 -25- THAT the City Manager is hereby directed and authorized to proceed to reinvest title to the dedicated right-of-way as shown on that plat. On motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted to DEFER ONE WEEK the above resolution reinvesting the right-of-way dedicated by Mrs. Anne Blair back to her which was contingent upon construction of old Donation Parkway which has now been removed from the Master Street and Highway Plan. Votinq: 11-0 Council Members Votinq Aye: John A. Baum, F. Reid Ervin, Georqe R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 6/2 5/7 9 -26- (ITEM II-G.1) ITEM #13891 R E S 0 L U T I 0 N WHEREAS, it is standard accounting procedure to allow for a charge-off of uncollectible accounts; and WHEREAS, an earnest and diligent effort has been made by the Department of Public Utilities to collect their overdue accounts; and WHEREAS, 25,648 accounts totaling $344,326.42 are deemed to be uncollectible. NOW, THEREFORE BE IT RESOLVED BY THE City Council of the City of Virginia Beach: THAT $344,326.42 be charged-off as uncollectible accounts and removed from the City's records Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of June 1979 Mr. Arthur G. Riddell appeared in opposition to the adoption of the above Resolution. The City Manager wrote the following letter to City Council in 1977: "Aubrey V. Watts, Public Utilities Director, and Giles G. Dodd, Assistant to the City Manager for Finance and Research, have been working for quite some time to clear up delinquent water and sewer accounts which have been deemed uncollectible. Many of these accounts were delinquent when acquired from Norfolk on July 1, 1973. On this date, we acquired approximately 32,000 accounts from the City of Norfolk. The $137,788.98, which is requested to be written off at this time, represents 11,322 accounts. Of this number, 85%, or 9,623 accounts, were acquired from Norfolk. It is anticipated that in the near future another $200,000 in uncollectible accounts will have to be written off. A sizable percentage of these accounts were also those acquired from Norfolk. I would like to request, therefore, permission to authorize Mr. Watts to write off as uncollectible $137,788.98 representing 11,322 utilities accounts." 6/25/7 9 -27- Mr. Giles G. Dodd wrote the following letter to the City Manager, dated June 21, 1979: "On July 18, 1977, the City Council authorized through the Department of Public Utilities a charge-off of 11,322 utilities accounts which were deemed to be uncollectible. These accounts totaling $137,788.98 were mainly accounts acquired from the City of Norfolk. At that time it was anticipated that an additional $200,000 in uncollectible accounts would also have to be written off the records. These additional accounts were anticipated to be a combination of Norfolk acquired and Virginia Beach accounts. After considerable review by the Department of Public Utilities, it has been determined that there are 25,648 utilities accounts, which should be deemed as uncollectible. These delinquent accounts represent $344,326.42. A thorough search has been made to locate the customers responsible for the accounts and to locate any deposits held that could be applied to the accounts. In addition many of these accounts are duplicate or erroneous charges. While the total amount to be charged-off appears considerable, it represents only 2.48% of the total billing ($13,882,412.34) for the same period. Therefore, we recommend that these accounts be charged-off and removed from our records." After considerable discussion, Councilman Payne made a motion, seconded by Councilman Baum, to APPROVE the above Resolution authorizing the Department of Public Utilities to charge-off 25,648 utilities accounts which should be deemed as uncollectible, in the amount of $344,326.42. Voting: 11-0 Council Meinbers Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council members absent: None CITY COUNCIL VOTED TO APPROVE THE ABOVE RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC UTILITIES TO CHARGE-OFF 25,648 UTILITIES ACCOUNTS WHICH SHOULD BE DEEMED AS UNCOLLECTIBLE, IN THE AMOUNT OF $344,326.42. 6/2 5/7 9 -28- (ITEM II-G.5) ITEM #13892 AN ORDINANCE TO REPEAL SECTION 23-11 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO BATHING TRUNKS - WEARING ON WEST SIDE OF ATLANTIC AVENUE IN VIRGINIA BEACH BOROUGH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-11 of the Code of the City of Virginia Beach, Virginia, is hereby repealed. Adopted by the Council of the City of Virqinia Beach on the 25 day of June 1 1979 On motion by Councilman Riggs, seconded by Councilman Baum, City Council voted to APPROVE the above ordinance to repeal Section 23-11 of the Code of the City of Virginia Beach pertaining to bathing trunks wearing on West side of Atlantic Avenue in Virginia Beach Borough. Voting: 10-0 Council Members Voting Aye: John A. Bauin, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: George R. Ferrell Council Members absent: None 6/ 25/7 9 -29- (ITEM II-H.1) TTEM #13893 PLANNING ITEMS Mr. Oast represented the applicant. on motion by Councilman Holland, seconded by Mayor Standing, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following Ordinance upon application of James E. Baylor for a Change of Zoning District Classification from R-9 Residential Townhouse District to A-2 Apartment D strict, ORDINANCE UPON APPLICATION OF JAMES E. Z0679436 BAYLOR FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-9 Residential Townhouse District TO A-2 Apartment District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIAI that! Ordinance upon application of James E. Baylor for a Change of Zoning District Classification from R-9 Residential DistricE to A-2 Apartment District on certain property located on the West side of Pleasure House Road beginning at a point 100 feet North of Brigadoon Drive, running a distance of 100 feet alonq the West side of Pleasure House Road, running a distance of 445 feet more or less along the Northern property line, running a distance of 40 feet alonq the Western pro- perty line and running a distance of 435.61 feet along the Southern property line. Said parcel contains .85 acre. Bayside Borough Approval is subject to the following in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A bond for right-of-way improvements along this site's frontage on Pleasure liouse Road will be required. Prior to the change on the officiai zoning map, the following condition will be met; 1. A dedication of right-of-way 30 feet from the centerline of the existing 50 foot right-of-way along the 100 foot frontage on Pleasure House Road (a 5 foot dedication). This ordinance shall be effective upon adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of June 1979 Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing 6/25/7 9 -30- Council Members Votinq Nay: None Council Members absent: None (ITEM II-ii.2) ITEM #13894 Mr. H. Calvin Spain, Attorney, represented the applicant Mrs. Reba McClanan appeared in opposition. On motion by Councilman Payne, seconded by Councilwoman Henley, City Council voted to DEFER FOR TWO WEEKS the following Ordinance upon Application of L. D. Associates for a Change of Zoning District Classification from 0-1 office District to B-2 Community-Business District: An Ordinance upon Application of L. D. Associates for a Change of Zoning District Classification from 0-1 Office District to B-2 Community Business District on certain property located on the East side of Holland Road beginning at a point 360 feet South of Stoneshore Road, running a distance of 363.96 feet alonq the East side of liolland Road, running a distance of 696.38 feet along the Southern property line, running a distance of 343 feet along the Eastern property line and running a distance of 549.83 feet along the Northern property line. Said parcel contains 4.746 acres. Princess Anne Borough Voting: 11-0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, Georqe R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 6/2 5/7 9 -31- (ITEM II-H.3) ITEM #13895 Mr. Thomas R. Terry appeared in favor On motion by Councilman Merrick, seconded by Councilwoman Oberndorf, City Council voted to REFER BACK TO THE PLANIIING COMMISSION the following request of Mr. Thomas R. Terry for a Subdivision Variance: 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 @lorth of the intersection of Bray Road and Inqram Road. Plats with more detailed information are available in the Department of Planning. The applicant wishes to subdivide a 2.35-acre site which is zoned R-1 Residential District. A single-family home currently exists on the proposed Lot 2. The surrounding area is characterized bv single-fainily residential development. Access to this property currently exists by means of a 12-foot private right-of-way. Voting: 10-1 Council Members Voting Aye: (referring back to Planning Commission) F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standina Council Members Voting Nay: John A. Baum Council Members absent: None 6/2 5/7 9 -32- (ITEM II-H.4) ITEM #13896 Ali ORDINANCE TO AMEND AND REORDAIN ARTICLE 6, SECTION 601 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINTNG TO GARAGE APARTMENTS IN THE A-1 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 6, Section 601, Use Regulations, of the C.Z.O. is amended and reordained as follows: (c) Conditional uses and structures. Uses and structures hereinafter specified; subject to compliance with the provisions of Part C of Article 2 thereof: (16) In connection with one family detached dwellings, garage apartments, provided, however, that there shall be allowed only one (1) garaqe apartment per zoning lot. DENIED BY COUNCIL ON JUNE 25, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 1979 On motion by Councilman Holland, seconded by Councilman Ferrell, City Council voted to DENY the above Ordinance to amend and reordain Article 6, Section 601 of the Comprehensive Zoning Ordinance pertainina to Garage Apartments in the A-1 Apartment District. Voting: 7-4 Council Members Voting Aye: (for denial) F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: John A. Baum, Barbara M. Henley, J. Henry McCoy, Jr., and J. Curtis Payne Council Members absent: None 6/2 5/7 9 -33- (ITEM II-H.5) ITEM #13897 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 232 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO MOBILE HOMES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 232, Mobile Home Parks, of the C.Z.O. is amended and reordained as follows: 232. Mobile Homes Parks-@MH-Papk4 Mobile home parks shall be subject to the following conditions: (a) Minimum allowances. In districts where allowable, minimum area for a mobile home park shall be twenty-five (25) acres. Streets, other than alleys and service entrances used for general vehicular entrances, and exits shall be sixty (60) feet; for portions containing lots for buildings generally open to occupants, minimum front yard dimension shall be two hundred (200) feet. Minimum number of lots completed and ready for occupancy before first rentals are permitted shall be one hundred (100). (b) Tract. The mobile home park shall comprise a single tract except where divided by public streets or alleys or where the total tract includes separate parcels for necessary utility plants, maintenance or storage facilities with appropriate access to the park. All lands involved shall be so dimensioned and related as to facilitate effi- cient design and management. Density shall not exceed seven (7) units per gross acre. The following shall apply to any mobile home park located in a flood plain including new mobile home parks and mobile home subdivisions; expansions to existing mobile home parks and mobile home subdivisions; and existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvements of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced: (1) stands or lots shall be elevated on compacted fill or pilings so that the lowest floor of the mobile home will be at or above the base flood level, (2) adequate surface drainage and access for a hauler shall be provided, and (3) in the instance of elevation on pilings, lots shall be large enough to permit steps, piling foundations shall be in stable soil no more than ten (10) feet apart; and reinforcement shall be provided for pilings more than six (6) feet above the ground level. 6/25/79 -34- (c) Permitted principal uses and structures are as follows: (1) One family detached mobile homes; (2) Parks, playgrounds, community centers, and non-commercial recrea- tional facilities such as golf courses, shuffleboard courts, swimming pools, tennis courts, marinas, game rooms, libraries, and the like; (3) Structures and uses required for operation of a public utility, performance of a government function, or performance of any function necessary for the construction, operation or main- tenance of the mobile home park. (d) Permitted accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures, including approved storage facilities. (e) Permissible uses and structures. In addition to principal and accessory uses and structures permitted by right, as indicated above, facilities planned for development as part of the district and serving needs not otherwise served in the general area may be permitted by City Council as part of the MH-Park provided: (1) That such facilities include only service, commercial and office uses intended primarily to serve the needs of persons in the MH-Park; (2) Are of a nature permitted in the B-1 Business Residential District and conform to the requirements of that district for such uses; (3) Are designed and located to protect the character of the district and surrounding residential districts; (4) Shall occupy in total not more than five (5) percent of the land area of the district. (f) No sales lots for mobile homes or other movable dwellings or com- ponent modulars shall be permitted in any such district. (g) Off-street parking requirements. At least two (2) off-street parking spaces shall be provided for each dwelling unit. Such spaces need not be located on lots occupied by such dwelling units, but at least one (1) such space shall be reserved for and shall be located within one hundred (100) feet of the entrance of the dwelling unit by normal pedestrian routes. (h) Recreational facilities. Not less than ten (10) percent of the total area of any mobile home park established under these regula- tions shall be devoted to common recreational areas and facilities, such as playgrounds, swimming pools and community buildings. Where only one (1) recreational area is provided, it shall be in a central location conveniently accessible to all dwellings. In larger parks, decentralized facilities may be provided. No central recreation area shall be credited toward meeting these requirements unless 6/25/79 -35- it contains at least 30,000 square feet. Recreational areas shall be so located, designed and proved as to minimize traffic hazards to users and adverse effects on surrounding residential uses. Mobile homes for shelter for farm laborers shall be sub,iect to the following conditions: (a) They shall be located on land otherwise used for agritUltUeal purposes. (b) They shall not exceed ten (10) per farming business, even if all parcels of land involved in such businets aee nOt tohtigdbus. (c) They shall be allowed only with farming business involving at least 100 :ontiguous acres under the same Ownership. (d) They shall be removed from the land at such time as the farm@'ng business ceases to comply with the tohditiohs s6t fbrth herein. (e) No such unit shall be located closer than fl'@ hundred from a public street, except for the first mobfl-e--@o-m-e-. _C500) feet (f) There shall be a distance of least twenty (20) fe6t betwoen each unit. (g) Quarterly inspections shall be conducted @y aporbori6to tity inspection agencies pertain zoning and fire. Each uhit thall bO bn 6h ihdiVidU61 tite of at least one (1) acre in area and at least 150 feet in width. DetOrmihati6n Of dimensions sh6l] be io atcordance with Settion 200 of this ordihance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of June 1979. CMS/ci 6/20/79 -'X.. NI AppROVED AS TO FORM "... u@ CITY ATTORNEY 6/25/79 -36- On motion by Councilman Baum, seconded by Councilman Payne, City Council voted to APPROVE the above Ordinance to amend and reordain Article 2, Section 232 of the Comprehensive zoning ordinance per- taining to mobile homes; with the following changes: Requirement that they be used only in com- junction with farming businesses of at least 100 contiguous acres. A minimum setback of 500 feet from a City street for all mobile homes EXCEPT THE FIRST Votinq: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 6/25/7 9 -37- (ITEM II-H.5) ITEM #13898 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 4, SECTION 401 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO MOBILE HOMES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 4, Section 401(c), Conditional uses and structures, of the C.Z.O. is amended and reordained as follows: (c) Conditional uses and structures: Uses and structures hereinafter specified; subject to compliance with the provisions of Part C of Article 2 hereof: (13) Mobile homes for shelter for farm laborers. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of June 1979. APPRO CONTENT ,YED AS TO 'T @IEI\ APPP@Ot@IED ktS TO F RM @JRE CITY Al. rORi@EY 6/2 5/7 9 -38- On motion by Councilman Merrick, seconded by Councilman Ferrell, City Council voted to APPROVE the above Ordinance to amend and reordain Article 4, Section 401 of the Comprehensive Zoning Ordinance pertaining to mobile homes. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 6/2 5/7 9 -39- (ITEM II-H.6) ITEM #13899 AN ORDINATICE TO AMEND AND REORDAIN ARTICLE 1, Section 111, OF THE COMPREHENSIVE ZONING ORDINANCE PER- TAINING TO DEFINITIONS BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 106, Definitions, of the C.Z.O- is amended and reordained as follows: Dwelling, Single Family. A building containing one (1) dwelling unit, entirely surrounded by a lard. Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of temporary or portable housing are not included within this definition. Dwelling, Duplex. A building containing two (2) dwelling units, entirely surrounded by a yard, where each dwelling unit is not on a separate lot. Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of temporary or portable housing are not included within this definition. Dweiling, Attached/Townhouses. A building containing two (2) or more dwelling units attached at the side or sides in a series of not more than nine (9), separated by a boundary wall and each unit having a separate lot with at least minimum dimensions required by district regulations for such sections. Dwelling, Mtiltiple Family. A building containing three (3) or more dwelling units, entirely surrounded by a yard, where each dwelling unit is not on a separate lot. Dwelling, Semi-Detached. A building containing two (2) dwelling units attached at the sides separated by a boundary wall and each having a separate lot. REPERRED BACK TO THE PLANNII@G COMMISSION ON June 25, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 1979 On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, City Council voted to REFER BACK TO THE PLANNING COMMISSION the above Ordinance to amend and reordain Article 1, Section 111, of the Comprehensive Zoninq ordinance pertaininq to definitions. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf J. Curtis Payne, Roger L. Riggs, Patrick L. Standing 6/25/7 9 -40- Council Members Voting Nay: None Council Members absent: None (ITEM II-H.7) ITEM #13900 The City Clerk read the following letter from Grover C. Wright, Jr. Attorney, representing Virginia State Shopping Plaza, Inc.): "This is to request deferral of the Columbus Street Street Closure (Virginia State Shopping Plaza, Inc.) presently scheduled to be heard during the formal session of City Council on June 25, 1979. "It is requested that this matter be brought up during the formal session of City Council on July 2, 1979. "Your appreciation of this request will be truly appreciated." On motion by Councilman Merrick, seconded by Councilman Payne, City Council voted to DEFER U@ITIL JULY 2, 1979, the following Ordinance vacating and discontinuing a portion of Colurnbus Street, in the Bayside Borough, in the City of Virginia Beach, Virginia: Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 6/ 2 5/7 9 -41- CITY OF VIRGINIA BEACH TO (ORDINANCE OF VACATION VIRGINIA STATE SHOPPING PLAZAS, INC. AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF COLUMBUS STREET, IN BAYSIDE BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, Virginia State Shopping Plazas, Inc., to be presented to the City Council of the City of Virginia Beach, Virginia, on the 14th day of Ma_---, 1979, and for the vacation of a portion of the hereinafter described public street in the City of Virginia Beach, Virginia, was on the 27thday of @ril 1979, duly posted at the Courthouse of the Circuit Court of the City of Virginia Beach,Virginia, and at two other public places in the City of Virginia Beach, Virginia, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the 14th day of May 1979, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, tlie City Council of the City of Virginia Beach, Virginia, on the 14th U'ay of May 1979, which was more than ten days after posting notice of the intended application as aforesaid, appointed George E. Tinnes I C. Oral Lambert and Robert J. Scott I as viewers to view such street and report in writing whether in their opinion, any and if any, what inconvenience would result from discontinuing the same, and said viewers have made such report to the City Council of the City of Vir 'n Beach, Virginia; and 1.@ ia GROVERC.WR T, T -42- WHEREAS, froim such report and other evidence, and after notice to the land proprietors affected thereby, along the portion of the street proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of said street, and that the portion of said street should be vacated and discontinued; DIOW, THEREFORE, BE IT ORDAliNED by the Council of the City of Virginia Beach, Virginia: 1. That the following portion of Columbus Street, in the Borough of Bayside, in the City of Virginia Beach, Virginia, be, and the same hereby is, vacated and discontinued: ALL that certain piece or parcel of land, lying situate and being in Bayside Borough, in the City of Virginia Beach, State of Virginia, known and designated as "Taking Area = 0.117 Ac." on plat entitled "Plat Showing Property To Be Dedicated To City Of Virginia Beach, Virginia, From Virginia State Shopping Plazas, Inc." dated December 19, 1973 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 103, at page 50. 2. This ordinance shall be in effect from and after thirty (30) days froiu the date of its adoption. 3. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded, and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of Virginia State Shopping Plazas, Inc,, as grantee, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicant. Certified to be a true and exact copy of an ordinance, adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the day of July -1 1979. TESTE: Ruth Hodges Smith, City Clerk APPP,GVED 1 0 By City Clerk DEFERRED BY CITY COUNCIL ON JUNE 25, 1979 TO BE HEARD ON JULY 2, 1979. -43- (ITEM II-I.2.a.1) ITEM 413901 SECOND READING AN ORDINANCE TO ACCEPT A GRANT TOTALING $6,328 FROM THE SOUTH- EASTERN TIDEWATER AREA r4ANPOWER AUTHORITY AND TO APPROPRIATE THESE FUNDS WHEREAS, the City wishes to provide recreation programs for its underprivileged youth during the summer of 1979; and WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA) has received funds from the Community Service Administration (CSA), providing funds for a recreation program within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the Grant for the City, and funds are hereby appropriated for the following purpose: Total Appropriations CSA-Summer Youth Recreation Program $6,328 BE IT FURTHER ORDAINED that the appropriations be financed 100% by federal funds, coming from the CSA thru STAMA; and That one personnel position be authorized for the duration of the Grant, to be paid from the Qrant, with the class of employee to be determined by the City Manager. FIRST READING: June 18, 1979 SECOND READING:- June 25, 1979 Adopted by the Council of the City of Virginia Beach on the 25 day of June 1 1979. On motion by Councilman Merrick, seconded by Vice @layor McCoy, City Council voted to APPROVE ON SECOND READING the above ordinance to accept a Grant totaling $6,328 from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. lienley, Clarence A. Holland, J. Henry McCoy, Jr., Doanld W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing 6/2 5/7 9 -44- Council Members Voting Nay: None Council Members absent: None (ITEM II-I.2.b.1) ITEM #13902 GRANTS-FIRST READING ORDINANCE TO PROVIDE THIRD YEAR FUNDING FOR THE CONTINUING EDUCATION IN MENTAL HEALTH AND AGING GRANT WHEREAS, the Department of Mental Health and Mental Retardation desires to provide a selected group of professionals, paraprofessionals, City Officials, and community leaders with a training and educational program in mental health and aging; and WHEREAS, the Department of Ilealth, Education, and Welfare will provide third year funding in the amount of $27,214, for this purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manaqer is hereby authorized to accept the Grant for the City , and funds are hereby appropriated for the following purposes: Estimated Revenue Total From other Agencies Appropriations Continuing Education in Mental Health and Aging $27,214 $27,214 BE IT FURTHER ORDAINED that the appropriations will be financed by $27,214 estimated revenue from the Department of Health, Education, and Welfare, and BE IT FURTHER ORDAINED THAT two personnel positions are hereby authorized for the duration of the Grant, to be paid from the Grant, with the employee class to be determined by the City Manager. FIRST READING: June 25, 1979 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1979 6/25/79 -45- On motion by Councilwoman Oberndorf, seconded by Vice Mayor McCoy, City Council voted to APPROVE ON FIRST READING the above ordinance to provide third year funding for the continuing education in mental health and aging grant. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None (ITEM II-I.2.b.2) ITEM #13903 AN ORDINANCE TO ACCEPT $106,000 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO APPROPRIATE THESE FUNDS WHEREAS, the Department of Housing and Urban Development (HUD) has approved funding the administrative expenditures for the Community Development Block Grant (CDBG) fourth program year; and WHEREAS, the City wishes to accept this funding to maintain the services of the CDBG staff of employees. NOW, THEREFORE, BE TT ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGTNIA, that the City Manager be authorized to accept funds for the City, and funds be appropriated for the following purpose Total Appropriation AdTninistrative (Fourth Program Year) -$106,000 That the appropriations be financed 100% by Federal Funds from HUD, with no local match required. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1 1-979. FIRST READING: June 25, 1979 SECOND READING:-- 6/ 2 5/7 9 -46- On motion by Vice Mayor McCoy, seconded by Councilman Payne, City Council voted to APPROVE ON FIPST READING the above Ordinance to accept $106,000 from the Department of Housing and Urban Development and to appropriate these funds. Voting: 11-0 Council Menibers Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None (ITEM II-I.2.b.3) ITEM #13904 AN ORDINANCE TO ACCEPT FUNDS TOTALING $22,204 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 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) and has applied to the Department of Housing and Urban Development (HUD) to participate in the program; and WHEREAS, the Department of Social Services has been designated to administer the program, which will assist in housing the underprivileged. NOW, THEREFORE, BE IT ONDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager, contingent upon final approval by HUD, is hereby authorized to accept funds for the City, and funds are hereby appropriated for the following purpose: 6/2 5/7 9 -47- Section 8 Housing $22,204 BE IT FURTHER ORDAINED that the appropriations will be financed by $22,204 estimated revenue from HUD, with no local match required; and That three personnel positions are hereby authorized for the duration of the Grant, to be paid from the Grant, with the class of the employees to be determined by the City Manager. Adopted by the Council of the City of Virginia Beacli, Virginia, on the day of 1979. First Reading: June 25, 1979 Second Reading: On motion by Vice Mayor McCoy, seconded by Mayor Standing, City Council voted to APPROVE Olq FIRST READING the above Ordinance to accept funds totaling $22,204 from the Department of Housing and Urban Development and to appropriate these funds. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 6/25/7 9 Council Members Voting Nay: -48- (ITEM II-I.2.b.4) ITEM #13905 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A NEW CONTRACT WITH THE SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY TO REPLACE AN EXISTING CONTRACT FOR THE CITY'S CETA-TITLE II EMPLOYMENT PROGRAM WHEREAS, the City Council approved, on March 26, 1979, an ordinance to accept $1,018,801 from the Southeastern Tidewater Area Manpower Authority (STAMA) to continue the City's Title II Employment Program under the Comprehensive Employment and Training Act of 1973 (CETA); and IIHEREAS, the STAMA has received instructions from the Department of Labor to account for CETA - Title II expenditures from April 1, 1979 thru September 30, 1979, under new contracts between itself and each Tidewater municipality to provide for a new accounting period. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT the City Manager is authorized to enter into a new contract #2-43-00 for the period April 1, 1979 thru September 30, 1979, for the City's CETA - Title II Employment Proqram, a copy of which is attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of June 1 1979. On motion by Councilman Ervin, seconded by Vice Mayor McCoy, City Council voted to APPROVE the above Ordinance to authorize the City Manager to enter into a new contract with the Southeastern Tidewater Area Manpower Authority to replace an existing contract for the City's CETA - Title II Employment Program. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Ifenry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None 6/25/79 -49- Council M @ ers absent: None (ITEM II-D.1) ITEM #13906 CITY CODE AMENDMENTS Requested by: City Manager/Public Utilities AN ORDLNANCE TO AMEND SECTION 37-33 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINTA, 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, said amendment to become effective on all bills rendered by the City of Virginia Beach Department of Public Utilities after July 1, 1979: 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 $.705/100 cubic feet (O - 30,000 gallons) $.942/1000 gallons 4,001 - 40,000 cubic feet $ .69/100 cubic feet (30,001 - 300,000 gallons) $.922/1000 gallons 40,001 and above cubic feet $.675/100 cubic feet (300,000 and above gallons) $.902/1000 gallons All consumers shall pay a minimum water usage fee of $2.50 per month. Where a consumer uses more than one meter, the rate prescribed by this section shall apply separately to each meter. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of June 1 1979. On motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to APPROVE the above Ordinance to amend Section 37-33 of the Code of the City of Virginia Beach, virginia, relating to water usage rates. Voting: 11-0 6/2 5/7 9 -50- Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None (ITEM II-D.2) ITEM #13907 THIS ITEM AND ITEM #13908 WERE VOTED ON AS OP@E ITEM AN ORDINANCE TO AMEND SECTION 37-29(b) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING, THERETO A SECTION 37-29(b)(10), RELATING TO WATER LINE FEES FOR LARGE FRONTAGES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCTNIA BEACH, VIRGTNIA: That Section 37-29(b) of the Code of the City of Virginia Beach, Virginia, is hereby amended by addinq thereto a new S,ection 37-29(b)(10) as follows: Section 37-39 (b)(10). In cases where there are frontages on residences zoned for agricultural use,which are larger than the minimum frontage requirements for residential property, the Director of the Department of Public Utilities may authorize line fees to be computed based on the minimum front footage for residential property for each dwelling unit on the property. In cases where there are frontages on residences zoned residential use but actually used for agricultural, horticultural, forest, or open space and are currently classified and taxed for such use by the Real Estate Assessor, the Director of the Department of Public Utilities may authorize line fees to be computed based on the minimum front footage for residential property for each dwelling unit on the property. Provided that in either of the aforementioned cases that the owners of such property sign an aqreement, to be re- corded against the property, that at the time the property is further 6/?5/79 -51- developed, subdivided, changes title, or experiences a change in tax classification, full fees will become due and payable. The rates applicable will be those prevailing at the time the changes to the property takes place, and will be based on the land use type which will be in effect after the change. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of June 1 1979. On motion by Councilman Ferrell, seconded by Councilwoman Henley, City Council voted to APPROVE the above ordinance to amend Section 37-29(b) of the Code of the City of Virginia Beach, Virginia, by adding thereto a Section 37-29(b)(10), relating to water line fees for larqe frontages. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 6/ 25/7 9 -52- (ITEM II-D.2.b) ITEM #13908 THIS ITEM AND ITEM #13907 WERE VOTED ON AS ONE ITEM AN ORDINANCE TO AMEND SECTION 29-3(b) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADD114G THERETO A SECTION 29-3(b)(2), RELATING TO SEWER LTNE FEES FOR LARGE FRONTAGES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 29-3(b) of the Code of the City of Virginia Beach, Virginia, is hereby amended by adding thereto a new Section 29-3(b)(2) as follows: Section 29-3(b)(2). In cases where there are frontages on residences zoned for agricultural usewhich are larger than the minimum frontage require- ments for residential property, the Director of the Department of Public Utilties may authorize line fees to be computed based on the minimum front footage for residential property for each dwelling unit on the property. in cases where there are frontages on residences zoned residential use but actually used for agricultural, horticultural, forest, or open space and are currently classified and taxed for such use by the Real Estate Assessor, the Director of the Department of Public Utilities may authorize line fees to be computed based on the minimum front footage for residential property for each dwelling unit on the property. Provided that in either of the aforementioned cases that owners of such property sign an agreement, to be recorded against the property, that at the time the property is further developed, subdivided, changes title, or experiences a change in tax classification, full fees will become due and payable. The rates applicable will be those prevailing at the time the change to the property takes place, and will be based on the land use type which will be in effect after the change. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of June 1 1979. On motion by Councilman Ferrell, seconded by Councilwoman Henley, City Council voted to APPROVE the above ordinance to amend Section 29-3(b) of the Code of the City of Virginia Beach, by adding thereto a Section 29-3(b)(2) relating to sewer line fees for large frontages. 6/25/79 -53- Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None (ITEM II-K.1) ITEM #13909 City Council will meet the first THREE Mondays in July; however, the last TWO Mondays in July Council will not meet (Council does not meet on the FLFTH Monday of any month). On motion by Vice Mayor McCoy, seconded by Mayor Standing, City Council voted to MEET THE FIRST TWO MONDAYS IN JULY ONLY. THE LAST TWO MONDAYS IN JULY WILL BE COUNCIL VACATION. THIS IS TO BEGIN IN 1980. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting Nay: None Council Members absent: None Councilman Ervin requested the Clerk's Office to research the records of City Council to determine the date Council adopted the motion to hold night meetings, and to see if it was to be on a trial basis. Councilman Ervin further requested the City get citizen input as to whether they wish the Council to continue niqht meetings or not. ITEM #13910 The City Clerk reminded Council of the First Annual Boards and Commissions Workshop to be held on Tuesday, June 26, 1979, at 9:30 am, in the Council Chambers. 6/ 25/79 -5 4- (ITEM II-L.1) ITEM 413911 ADJOURNMENT On motion by Councilman Ervin, seconded by Councilman Ferrell, and by unanimous vote, the meeting adjourned at 9:15 p.m. ZL @ J)ii ) @iAth Hodges ! erk -@yor PE 9 City of Virginia Beach, Virginia June 25, 1979 h 6/25/7 9