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HomeMy WebLinkAboutOCTOBER 12, 1981 MINUTES "IIORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR J. HENRY M,.COY JR., D.D.S., X..P-iii, B.-gh VICE-MAYOR HAROLD HEISCHOBER, A, L.,C. JOHN A. BAUM, B.@.gb E. T. BUCHANAN. B.@.gb F. REID ERVIN, A, L.,g, BARBARA M. HENLEY, P-g. B.@-96 CLARENCE A. HOLLAND, M.D., B.y.id, B-@.gh W. H. KITCHIN, Ill. Villi.i. B--h B-@-9b REBA S. M@CLANAN, Pi .... A... S.@.gb MEYERA E. OBERNDORF, A, L.,g, 212 CITY HALL BUILDINC PATRICK L. STANDING, A, L.,g, MUNICIPAL CLINTER VIRGINIA BEACH, VIRGINIA 23436 RUTH HODGES SMITH, Ci,y Cl,,k (804) 4Z7-4303 CITY COUNCIL AGENDA' October 12, 1981 ITEM I INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER - MAYOR J. HENRY MCCOY, JR. B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMALIEXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. 3. 1982-83 Budget Process: Discussion. 4. SPSA's Regional Water Proposal: Discussion. 5. Councilmanic Proposals for Legislative Package: Discussion of possible proposals Councilmembers may wish to inclucle in up- coming legislative package. ITEM II FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Melvin Hughes Princess Anne Plaza Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AKERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve t.he Minutes of October 5, 1981. ITEM II E. 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 itein will be removed from the Consent Agenda and considered separately. 1. Ordinance to authorize the accluisition of property in fee simple and necessary permanent and temoorary easements for Beggars Bridge Replacement, either by agreement or by condem- nation. 2. Ordinance to authorize the acquisition of property in fee simple for right-of-way for North Virginia Beach Sanitary Sewer and Water facilities project and acquisition of tem- porary and permanent easements of right-of-way, either by agreement or by condemnation. 3. Appointment of Viewers in the application of A. L. and Elnora D. Richard, Ronald E. and Marie D. Murphy and Honeysan Cor- I>oration for a petition for the closure of a portion of 23rd Street (Princess Anne Borough). 4. Appointment of Viewers in the application of Mr. R. W. Tbwn- send for a petition for the closure of a portion of Penn- sylvania Avenue (Virginia Beach Borough). It is the recommendation of the City Attorney that the appoint- ment of viewers be DEFERRED for one week due to insufficient in-ormation. 5. Request of the City Treasurer for tax refunds in the amount of $1,266.11. 6. Ordinance, on SECOND READING, for entering into contracts with the Southeastern Tidewater Area Manpower Authority to fund the City's CETA employment programs, and to appropriate these funds. F. PLANNING ITEMS 1. New Items a. Application of an Broadcastincr for a change of zoning from @ Residential to m on a 35.3-acre parcel located along the east side of Centerville Turnpike, north of Landfill Road (Kempaville Borough). 1. Letter from the City Manager transmits this applica- tion is forwarded with = recommendation from the Planning Commission. The motion for approval and the motion for denial failed. Attorney for the applicant submits a relaest for pErEgghL. ITEM II F. PLANNING ITEMS (continued) 1. New Items (continued) b. Application of @c ]L for a change of zoning from @l to ka District on a .68-acre parcel located on the west side of South Kentucky Avenue, south of First Street (Kempsville Borough). 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission to allow RAWAL. c. Application of L.. r W SS. @ g= R= L. A" U 2= for a change of zoning from k& al to @l on a 6.844- acre parcel located along the north side of Baxter Road, west of Holland Road (Kempsville Borough). 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for d. Application of &.- @d P.L McClenny for a change of zoning from ]U Residential District to kl in.e.s.s. District on a 5.2-acre parcel located along the west side of Kempsville Road, south of Indian River Road (Kempsville Borough). 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for e. Application of 1, AssociateB/Lynn for a change of zoning from B-2 Communitv-Busineffa DiS- to @4 on a 1.5-acre parcel located along the south side of Shore Drive, west of Starfish Road (Lynnhaven Borough). 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for f. Application of @ L.. A= Roberts, for a conditional use permit for a n on a .268-acre ,3arcel located on the south side of Rolle- ston Drive, east of Lord Dunmore Drive (Kempsville Borough). 1. Letter from the City Manager transmits the recormenda- tion of the Planning Commission for g. Application of Biruta for a conditional use permit for a L= on a .263-acre parcel located at the southeast corner of Cape Henry Drive and Red Tide Road (Lynnhaven Borough). 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for ITEM II F. PLANNING ITEMS (continued) 1. New Items (continued) h. Application of g= Bonomo for a to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordi- nance. She wishes to subdivide a ten-acre parcel into two five-acre parcels (Blackwater Borough). 1. Letter from the City Manager transmits ti'le recom- mendation of the Planning Commission for approval. i. Application of d Blanche SS_ Brackman for a variance to Section 4.4(b) of the Subdivision Ordi- nance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. They wish to sub- divide approximately 1.5 acres into two lots. This 4ite is located at the western extremity of Pine Ridge Lane and is zoned R-4 Residential District. A single-family home currently exists on proposed Lot A, and the surrounding area is single-family residential in nature (Lynnhaven Borough). 1. Letter from the City Manager transmits the recom- mendation of the Planning commission for approval. G. Ordinances 1. City Code Amendments a. Ordinance to amend and reordain Section 18-2g.of the Code of the City of Virginia Reach pertaining to examination and audit of licensee's records. b. Ordinance to amend and reordain Division 2 of Article Ii of Chapter 2 of the Code of the City of Virginia Beach, Virginia, relating to administration of the Basic Pay Plan. 2. Low Bid a. Low bid of Rea Birsch Construction Company, in the ainount of $1,748,636.21, for the Kempsville Road, Phase I, Pro- ject; and, authorize the City Manager to enter into the necessary agreements for the implementation of this pro- ject. H. APPOINTMENTS 1. Personnel Board ITEM ii I. UNFINISHED BUSINESS J. NEW BUSINESS X. ADJOURNMENT 1. Motion to adjourn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 12 October 1981 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the City Hall Building, on Monday, October 12, 1981, at Twelve- Thirty in the afternoon. Council Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr.i D.D.S., Meyera E. Oberndorf Council Members Absent: E. T. Buchanan, and Patrick L. Standing* ITEM #17245 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. (PERSONNEL MATTERS): Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. 'LICL' 'EL@ PROPERTY): Discussion or consideration ';Ut o h, cnditon, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. (LEGAL MATTERS): Consultation with legal Counsel and 6riefing by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other. legal matters within the jurisdiction of the public body. 2- Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: E. T. Buchanan, and Patrick L. Standing* COUNCILMAN STANDING ENTERED MEETING AT 12:55 p.m. 3- m A T T E R S B Y T H E M A Y 0 R HOLIDAYS ITEM #17246 It was the consensus of Council to meet December 21, 1981; however, Council will cancel the meeting of December 28, 1981. POSEIDIA INSTITUTE ITEM #17247 Mayor McCoy made reference to a letter received from the Poseidia Institute concerning their request for a Raffle Permit. The City Attorney advised that his office is still awaiting an answer from the Attorney General and, it was his understanding that Poseidia Institute was to present to Council a letter from the Internal Revenue Service regarding their tax exempt status. It was noted that this matter was forwarded to the Commonwealth Attorney as only Constitutional Officers are permitted by law to submit requests directly to the Attorney General. This matter will be placed on the INFORMAL AGENDA of October 19, 1981. INTERCHANGE ITEM #17248 Mayor McCoy made reference to a letter received from Al Etheridge concerning the three alternatives for constructing an interchange. The City Manager requested this matter be handled administratively; however, it will be on the INFORMAL AGENDA of October 19, 1981. M A T T E R S B Y T H E C 0 U N C I L REAPPOINTMENT ITEM #17249 Councilman Ervin advised that he noted during his absence of .October 5, 1981, he was reappointed to the HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION. - 4 - APPOINTMENTS HELD IN ABEYANCE ITEM #17250 Councilman Ervin noted in the Minutes of October 5, 1981, that appointments to the BOARD OF PLUMBING AND MECHANICAL APPEALS was held in abeyance, and advised he has received several telephone calls from contractors concerned with the City not advising out-of-town contractors, who do business in this City, that certain changes are being made in our permit procedures. RESOLUTION/IMPACT FUNDS ITEM #17251 As a result of the request by Doctor E. E. Brickell, Superintendent of Schools, Councilwoman Henley will present a Resolution for Council's consideration supporting Impact Funds (Goodman Amendment). This Resolution will be presented for formal vote in the FORMAL SESSION after the i-eading of the Minutes. FUEL OIL TAX ITEM #17252 Councilwoman Henley requested information concerning the Fuel Oil Tax . The City Manager advised that the City of Norfolk was meeting on October 6, 1981, and requested Council delay this matter until the outcome of Norfolk's decision. CZO/CLUSTER HOUSING ITEM #17253 Councilwoman Henley advised that on October 26, 1981, the City Council will consider an amendment to the Comprehensive Zoning Ordinance regarding Cluster Housing. The amendment is involved and complicated and requested that the Planning Director present an indepth report on this matter during the INFORMAL SESSION of October 19, 1981. 5- TRAFFIC PROBLEMS ITEM #17254 Councilwoman Henley advised that during the past few weeks several matters concerning traffic have been brought to Council's attention, which have been taken care of by the Borough Council Members. A letter was received from the Baylake Pines Civic League requesting "no-thrull traffic signs and a reduced speed limit signs. In the Kings Grant area the residents are requesting a traffic light in their area, and advised it had been approved by the City. The City Manager advised that the light for Kings Grant has not been approved as it cannot be justified by the area residents.. Councilwoman Henley made reference to a letter received from Mr. Kelly concerning the traffic problems at the corner of Princess Anne Road and Corner Road at the Carper Apartments. Mr. Kelly requested a Walk/No Walk signal. The City Manager advised that he notified the Admiral of this matter and indicated if the Navy would "split the cost" the City would recommend approval of this. BOND INFORMATION ITEM #17255 Councilman Ervin requested information concerning Water Project 5930, and asked if the report has been completed. The City Manager advised Council that he placed in their "For Your Information" section of the Agenda information on that Project; however, the Director of Public Utilities would be the one to contact for further information. RECOMMENDATIONS ITEM #17256 Councilwoman Oberndorf advised Council of a letter sent to Mayor McCoy making recommendations in an effort to get the Council to work more cohesively, and to assert more responsiveness to the public, themselves and the people employed directly by City Council. Councilwoman Oberndorf suggested Mayor-Appointed Standing Committees with two Counc.il Members serving each Committee, and further suggested Council establishing a regular evaluation for Council -Appointees. - 6- I N F 0 R M A L A G E N D A BUDGET PROCESS ITEM #17257 The City Manager advised he has forwarded to all Department Heads the Budget Preparation Docket. Councilwoman McClanan requested the first Monday meeting in November (November 2, 1981), be an INFORMAL BRIEFING SESSION to permit Council to discuss the preparation of the Budget. The meeting will begin at 1 1 : 00 a m. Councilman Baum asked the City Manager to prepare a brief outline of "choice" items for Council's consideration in giving direction to the City Manager. Discussion of SPSA'S Regional Water Proposal will be discussed under UNFINISHED BUSINESS during the FORMAL SESSION. Discussion of Councilmanic Proposals for Legislative Package will be discussed under UNFINISHED BUSINESS during the FORMAL SESSION. City Council recessed into EXECUTIVE SESSION, (1:45 p.m.) 7- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 12 October 1981 2:30 p.m. Council Members Present: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing Council Members Absent: E. T. Buchanan, F. Reid Ervin*, and Meyera E. Oberndorf* INVOCATION: Reverend Melvin Hughes Princess Anne Plaza Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 8- M I N U T E S ITEM II-D.I. ITEM # 17258 Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to APPROVE the Minutes of the Regular Meeting of October 5, 1981. VOTING: 8-0 Council Members Voting Ay6: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan, F. Reid Ervin*, and Meyera E. Oberndorf* *COUNCILMAN ERVIN ENTERED MEETING AT 2:42 p.m. - 9- R E S 0 L U T I 0 N S ITEM # 17259 Upon motion by Councilwoman Henley, seconded by Councilman Standing, City Council voted to ADOPT the Resolution to support IMPACT AID to School districts, such as Virginia Beach, which are truly impacted by military related dependents, at a level of funding at least equal to that which the City is currently receiving. Voting : 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin*, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan, and Meyera E. Oberndorf* COUNCILWOMAN OBERNDORF ENTERED MEETING AT 2:43 *COUNCILMAN ERVIN VOICED A VERBAL "AYE" R E S 0 L U T I 0 N WHEREAS, the City of Virginia Beach School System has appro@:imately 54,800 students; and WHEREAS, 21,800 of these students or 40% are military dependents or dependents of civilians working at military bases in the Tidewater area; and WHEREAS, through Public Law 874, Virginia Beach has received Impact Aid to offset the costs of educating these military related students, which is anticipated to be approximately $7 million for FY 81-82; and WHEREAS, the President of the United States has proposed various options for either eliminating or greatly reducing Impact Aid to many localities throughout the country, wliich Conaress is currently considering; and WHEREAS, t.he cost of educatioii for all taxpayers in Virginia Beach is truly impacted by the presence of military related sl@-udents in the school sys-lem. NOW, THERFFORE, BE IT RESOLVED BY THE COUNDIL OF THE CITY OF VIRGINIA BEACH, that Congress is strongly urged to continue to -Drovide Impact Aid to school districts such as Virg'@iiia Beach, which are truly impacted by military related dependerits, at a level of funding at least equal to that which we are currently. receiving. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of 0 ctober, 1981. ITEM II.E.1 ITEM # 1 7 260 Upon motidn by Councilwoman Henley, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance authorizing the acquisition of property in fee simple and necessary permanent and temporary easements for Beggars Bridge Replacement, either by agreement or by condemnation. (Muddy Creek Road Project) Voting: 10 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan Requested by Public Works - 12- AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE AND NECESSARY PERMANENT AND TEMPORARY EASEMENTS FOR BEGGARS BRIDGE REPLACEMENT, EITHER BY AGREEMENT OR BY CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project to provide transportation facilities and for other public purposes for the preservation of the safety, health, peace, good order, convenience,niDrale and welfare of the people in the City of Virginia Beach, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, and 15.1-899, and Section 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain property and permanent easements including temporary easements of right-of-way as shown on the plans: "BEGGARS BRIDGE REPLACEMENT MUDDY CREEK ROAD VIRGINIA BEACH, VIRGINIA - PROJECT NO. 2953," these plans or plats beirig on file in the office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made in behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 2 day of October 19 81. APP JAR/ih DEP@T 1 3- ITEM II-E.2 ITEM #17261 Upon motion by Councilwoman Henley, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance authorizing the acquisition of property in fee simple for right-of-way for North Virginia Beach Sanitary Sewer and Water facilities project and acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. Voting: 1 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan equ-@sted by: Public Works/Real Estate -14- AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR NORTH VIRGINIA BEACH SANITARY SEWER AND WATER FACILITIES PROJECT AND ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, convenience, morale and welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney and/or AsSistant City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-236, et seq. and Section 33.1-89, et seq, Code of Virginia of 1950, as amended, all that certain real property in fee simple including temporary and permanent easements of right-of-way as shown on the plans for North Virginia Beach Sanitary Sewer and Water Facilities Pro3'ect, these plans being on file in the office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney and/or Assistant City Attorney is hereby authorized to make or cause to be made in behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney and/or Assistant City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on October 12, 1981 APPROVEDASTOI@ONYE;','-, JAR/kg/re 9/3 0/81 APPROVED AS TO FC.R (A) m SIGNA7'JRE 1 5- ITEM II.E,4. ITEM #1 7262 Upon motion by Councilwoman Henley, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Attj)r@ney and DEFER for one week the Appointment of Viewers in the application of Mr. R. W. Townsend for a petition for the closure of a portion of Pennsylvania Avenue (Bayside Borough). @oti ng 10 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan -1 6- ITEM II.E.5. ITEM #17263 Upon motion by Councilwoman Henley, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and APPROVE the tax refunds in the amount of $1,266.11. Voting: 10 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan -1 7- AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND TJPON CERTIFICATION OF THE TREA.SIJRER FOR PAYi4'.ENT BE IT ORDAITJED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certificatioii of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Y ear of Tax Number tion No. Paid H R Duzts & H D Cabiness 81 pp 91131 5/21/81 421 20 Regency Oldsmobile Inc 80 pp 94306 6/5/80 191:04 Byrd Dinsmore et al 81 RE(1/2) 65232-5 10/31/80 51.93 Times Management Corp 80 RE(1/2) 64852-8 10/20/80 6r.87 Times Management Corp 80 RE(2/2) 64852-8 10/20/80 63.98 Thomas C Kenvin 81 pp 66821 8/24/81 221.82 Sharon F Hankins 81 pp 51423 6/4/81 28.32 Mutual Federal S & L 81 RE(2/2) 31188-1 6/5/81 44.84 Marcos Chapunoff 81 RE(2/2) 85531-1 5/14/81 '3.40 David A Miller Jr 80 pp 132979 7/21/81 l@3.71 Total 1,266.11 sr, This ordinance shall be e"fective fiom clate of adoption. The -tbo%le ab:.itemeiit(s) t',)talitig $1 . 266.1 1 ere approved by the Council of the City of Virginia Beach on the 1 2 day of 0 c t o b e r_ IT( Approv@.d as to form: Rutli Podges Sriiitt. City Clerk (@j son, City Attorney - 1 8- ITEM II.E.6. ITEM # 1 7264 Upon motion by Councilwoman Henley, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance entering into contracts with the Southeastern Tidewater Area Manpower Authority to fund the City's CETA employment programs, and to appropriate these funds. Voting: 10 -0 Council Members Voting Aye John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Counc.il Members Absent: E. T. Buchanan 1 9- AN OED FOR ENTERING nM WITH THE TIDEWATER AlM AUMRRIY TO FLIND THE CM-S CEIA P AND TO APPROPR= THESE WHEREAS, the City wishes to ccntinue its CE77L EV1 t p under the Car'Prehensive MWl t and Training Act of 1973 (CEM) d , the Southeastern TidEwater AreaL Manpower Authority has issued new cmtract modificatims for funding the City's CETA, programs with funds frarl the U. S. t of Labor (DOL) . NOW, THEREFOIE, BE IT 0 BY THE COLMIL OF THE CITY OF VIMINIA BEACH, @INIA: That the City Manager hereby be authorized to enter into cmtracts with in the amount of $198,966.00, and these funds are h-eby appropriated for the @se of funding the City's CETA p until their ticn m s '30, 1981, and That the appropriaticns be financed 100% by federal funds fran DOL thru , with no localimtch required. F= @3NG: October 5, 1981 SEOCND PEADING: October 12, 1981 Adopted by the Council of the City of Virginia Beach cn the 12 day of October 1981. APPROVED AS TO CONTENT SIGNATUPE DEPARTMENT 7 Al To FO)ZM 'y -20- ITEM II.E.7. ITEM #17265 Upon motion by Councilwoman Henley, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and APPROVE the raffle permit for the Ladies Auxiliary Fleet Reserve #166. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan 10/1 2/81 - 21- ITEM II.E.3. ITEM #17266 Mr. Joseph Walton appeared in opposition. Upon motion by Councilman Ervin, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager for APPROVAL of the Appointment of Viewers in the Application of A. L. and Elnora D. Richard, Ronald E. and Marie D. Murphy and Honeysan Corporation for a petition for the closure of a portion of 23rd Street (Princess Anne Borough). Voting: 9- 1 Council Members Voting Aye: John A. BaLon, F. Reid Ervin, Vice Mayor Harold Heisch,ober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: E. T. Buchanan 2 2- ORDINANCE APPOINTING VILWERS WHEREAS, A.L. Richard and Elnora D. Richard, Ronald E. Murphy and Marie D. Murphy, and Honeysan Corporation, have given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the day of 1981, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, anyj and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the city of Virginia B6ach, Virginia: THAT C. Oral Lambert, Jr. David M. Grochmal and Robert J. Scott are hereby appointed to view the below-described property and report in writing to the Council on or before 1981, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: That portion of 23rd Street in the City of Virginia Beach bounded on the East by Rosemont Road and on the West by Grant Avenue and on the North by the lands of A.L. Richard and Elnora D. Richard, and Ronald E. Murphy and Marie D. Murphy, and bounded on the South by the lands of Clarence Castle and Honeysan Corporation, said property having dimensions of 50' by 2101, and being adjacent to Block 26 and Block 27 of Pecin Gardens as shown in that certain plat of survey recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach in Map--Book 7 at page 70. 2 3- P L A N N I N G A G E N D A ITEM II-F.l.a ITEM #17267 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober, City Council voted to DEFER the application of CHRISTIAN BROADCASTING NETWORK for a Change of Zoni ric Classification until C.BN has n D!Zt I Use Permit application: an opportunity to process a Cgnd ionat An Ordinance upon application of Christian Broadcasting Network for a Chanqe of Zoning District Classification from R-8 Residential District to A-Z Apartment District on certain property located on the East side of Center- ville Turnpike beginning at a point 500 feet South of the intersection with West Centerville Turnpike, running a distance of 306.28 feet along the East side of Centerville Turnpike, running a distance of 1074.28 feet in a Southeasterly direction, running a distance of 386.92 feet in a Northeasterly direction, running a distance of 246.08 feet in a Southeasterly direction, running a distance of 634.57 feet in a Southwesterly direction, running a distance of 766.13 feet in a Southeasterly direction, running a distance of 1077.28 feet in a Northeasterly direction, running a distance of 2500.77 feet along the Northern property line, running a distance of 50 feet along the East side of Centerville Turnpike, running a distance of 371.38 feet in an Easterly direction, running a distance of 498.67 feet in a Southerly direction and running a distance of 262.09 feet in a Westerly direction. Said parcel contains 35.3 acres. KEMPSVILLE BOROUGH Voting: 1 0 -0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan - 24 - ITEM II-F.I.b ITEM #1 7268 The City-Clerk advised that a letter was received from the applicant requesting withdrawal AND a refund of his $200 filing fee. Upon motion by Councilwoman Oberndorf , seconded by Mayor McCoy, City Council voted to uphold the recommendation of the Planning Commission and permit WITHDRAWAL of the application of BRUCE B. MILLS for a Change of Zoning District Classification, as per the following, with the stipulation that he not receive a refund of his $200 filing fee. Ordinance upon application of Bruce B. Mills for a Change of Zoning District Classification from A-1 Apartment District to A-2 Apartment District on certain property located on the West side of South Kentucky Avenue beginning at a point 60 feet South of First Street, running a distance of 300 feet along the West side of South Kentucky Avenue, running a distance of 100 feet along the Southern property line, running a distance of 300 feet along the Western property line and running a distance of 100 feet along the Northern property line. Said parcel contains .68 acre. KEMPSVILLE BOROUGH. Voting 1 0 - 0 Council Members Voting Aye: (for withdrawal) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan 2 5- ITEM II-F.l.c ITEM 1 7269 Attorney.Grover C. Wright, Jr., appeared in behalf of the applicant. Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of E. SPENCER AND HELEN S. WISE AND DANA F. AND MARGARET S. GUMB for a Clan, of loning Distr c@ Classification, subject to the recommended c ondit 1ons transitte 2 in the City Manager's letter, as follows: ORDINANCE UPON APPLICATION OF E. SPENCER Z01081605 AND HELEN S. WISE AND DANA F. AND MARGARET S. GL14B FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL DISTRICT TO A-1 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of E. Spencer and Helen S. Wise and Dana F. and Margaret S. Gumb for a Chanqe of Z nin 'lstrict Ilassifi- cation from R-8 Residential uistrict to AOT @par@ent District on certain property located on the North side of Baxter Road beginning at a point 1850 feet more or less West of Holland Road, running a distance of 375 feet along the North side of Baxter Road, running a distance of 800 feet along the Western property line, running a distance of 375 feet along the Northern property line and running a distance of 800 feet along the Eastern property line. Said parcel contains 6.844 acres. KEMPSVILLE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. A reservation of 725 square feet per dwelling unit for recreation/open space. 4. The developer shall install standard right-of-way improvements along the site's frontage on Baxter Road, including curb, gutter, sidewalk, drainage facilities and pavement widening. 5. The developer is to provide adequate site drainage, including all necessary downstream easements and improvements. 6. Dedication of 50-feet along the frontage o@n Baxter Road, 65 feet from the centerline of the old 30-foot right- of-way to provide for an ultimate 80-foot right-of-way. This Ordinance shall be effective from dat e of adopti.on. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of October, 1981. - 26- Voting I 0 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,*Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. BLkchanan COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE". 2 7- ITEM II-F.I.d ITEM 1 7270 Attorney Robert B. Cromwell, Jr., appeared in behalf of applicant Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of L. COTTON AND FRANCES D. McCLENNY for a Change 'Onin 'is ric Classification, subject to the io of g 1 thte City Manager's letter, as recommended con@it ns trnsmitted n follows: ORDINANCE UPON APPLICATION OF L. COTTON AND Z01081606 FRANCES D. McCLENNY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of L. Cotton and Frances D. McClenny for a Chan ge Zoning District Classification from R-8 Residential Commun,ty Distri t@to B!f2 -Business DistrTct on certain property located on the West side of Kempsville Road beginning at a point 690 feet South of Indian River Road, running a distance of 122.50 feet along the West side of Kempsville Road, running a distance of 300 feet more or less in a Westerly direction, running a dis- tance of 95 feet in a Southwesterly direction, running a distance of 550 feet rwre or less in a Northwesterly direction, running a distance of 380 feet more or less in a Northeasterly direction, running a distance of 250 feet more or less in a Southeasterly direction, running a distance of 200 feet in a Southwesterly direction and running a distance of 400 feet in a Southeasterly direction. Said parcel contains 5.2 acres rwre or less. KEMPSVILLE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. This Ordinance shall be effective from date of adoption. Adopt ed by the Coun(zil of the City of Virginia Beach, Virginia, bn the Twelfth day of October, 1981. .@ .1"I I I - 28- Voting: - 8-2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, D.D.S., and Patrick L. Standing Council Members Voting Nay: Ba.rbara M. Henley, and Meyera E. Oberndorf Council Members Absent: E. T. Buchanan 2 9- ITEM II-F.l.e ITEM #17271 Attorney.Grover C. Wright, Jr., appeared in behalf of the applicant Upon mo tion by Counc il man Erv in , seconded by Counc il man Hol 1 an d , Ci ty Counc il voted to up ho l d the recommendat ion of the Plan n ing Commi ssion and APPROVE the application of HUDGINS AND ASSOCIATES/LYNN BEACH ASSOCIATES for a Cha of 'o ning Distrlnct Classification, subject to sm the recommended c ons tran itted the City Manager's letter, as follows: ORDINANC@ UPON APPLICATION OF HUDGINS AND Z01081607 ASSOCIATES/LYNN BEACH ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY-BUSINESS DISTRICT TO A-3 APARTMENT DISTRICT (MODIFIED FROM B-4 RESORT-COMMERCIAL DISTRICT) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Hudgins and Associates/Lynnhaven Beach Associates for a Chanqe of Zoninq District Classification from B-2 Community-Business Di;trict to A-3 Apartment District Tm-odified from B-4 Resort-Commercial District) on certain property located on the South side of Shore Drive beginning at a point 270 feet more or less West of Starfish Road, running a distance of 413.41 feet along the South side of Shore Drive, running a distance of 165 feet along the Western property line, running a distance of 412.50 feet along the Southern property line and running a distance of 155.92 feet along the Eastern property line. Said parcel contains 1.5 acres. LYNNHAVEN BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Modified to A-3 Apartment District 2. Standard improvements as required by the Site Plan and Subdivision Ordinances. 3. City water and sewer. 4. The developer shall install standard right-of-way impr6vements along Shore Drive, including curb and gutter, sidewalk, drainage facilities, and 12-feet of pavement widening. 5. Adequate site drainage including all necessary downstream improvements and easements shall also be provided. 6. The applicant has voluntarily agreed to submit an instrument for recordation restricting the number of units to a total of 30, and to restrict the height to three (3) stories. This document is to be recorded in the Office of the Clerk of the Circuit Court. 7. Only one ingress/egress is to be allowed on Shore Drive. This Ordinance shall be effective from date of adoption. Adopt6d by. the Council of the City bf Virginia Beach, Virginia, on the:Twelfth day of October, 1981. 30- Due to the absence of the Deputy City Clerk, the roll was called verbal ly. Voting: I 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan 31- ITEM II-F.I.f ITEM #17272 Mr. James H. Roberts appeared in behalf of his application Upon mot ion by Coun c il woman O berndorf , seconded by Coun c il man Ho l I and City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of JAMES H., JR., AND SUSAN J. ROBERTS for a Conditional Use Permit, subject to the recommended conditions transmitted in he@City Manager's letter, as follows: ORDINANCE UPON APPLICATION OF JAMES H., JR., R01081418 AND SUSAN J. ROBERTS FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (CATERING) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of James H., Jr., and Susan J. Roberts for a Conditional Use Permit for a home occupation (catering) on certain property located on the South side of Rolleston Drive beginning at a point 94.95 feet East of Lord Dunmore Drive, running a distance of 84.95 feet along South side of Rolleston Drive, running a distance of 128.02 feet along the Eastern property line, running a distance of 105.21 feet along the Southern property line and running a distance of 118.41 feet along the Western property line. Said parcel contains .268 acre. KEMPSVILLE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Compliance with Article 229 of the Comprehensive Zoning Ordinance pertaining to home occupations. 2. Approval is for a period of two (2) years. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of October, 1981. 3 2- Voting: ' 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan THE ROLL WAS CALLED VERBALLY ON.THIS ITEM 3 3- ITEM II-F,.l.g ITEM #1 7273 Mr. Biruta Platt appeared in behalf of his application Upon motion by Councilman Ervin, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of BIRUTA PLATT for a Conditional Use Permit, subject to the recommended conditions transmitted in the @ity Manager's letter, as follows: ORDINANCE UPON APPLICATION OF BIRUTA PLATT R01081419 FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DRESSMAKING AND ALTERATIONS) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Biruta Platt for a Conditional Use Permit for a home occupation (dressmaking and alterations) dn certain prperty located at the Southeast corner of Cape Henry Drive and Red Tide Road, running a distance of 85 feet along the South side of Cape Henry Drive, running a distance of 135 feet along the Eastern property line, running a distance of 85 feet along the Southern property line and running a distance of 135 feet along the East side of Red Tide Road. Said parcel contains .263 acre. LYNNHAVEN BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Compliance with Article 229 of the Comprehensive Zoning Ordinance pertaining to horne occupations. 2. Approval is for a period of one (1) year. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of October, 1981. - 34- Voting 1 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan 3 5- ITEM II-F.l.h ITEM #17274 Mrs. Jane Bonomo appeared in behalf of her application Upon motion by Councilman Baum, seconded by Councilman Ervin, City Council voted to DENY the request of JANE BONOMO for a variance to Section 4.4(b) of the Subdivision Ordinance, as follows: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Jane Bonomo. Property located on the South side of Indian Creek Road, 810 feet more or less East of Crags Causeway. Plats with more detailed information are available in the Department of Planning. The applicant requests a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a 10-acre parcel into two (2) five-(5) acre parcels. LYNNHAVEN BOROUGH Voting 8-2 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Meyera E. Oberndorf, and Patrick L. Standing* Council Members Voting Nay: Reba S. McClanan, and Mayor J. Henry McCoy, Jr., D.D.S. Council Members Absent: E. T. Buchanan Councilman Standing requested the City Attorney to do an indepth study of procedures of this type insofar as Council Policy is concerned. - 36 ITEM II-F.l.i ITEM #1 7275 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant Upon motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of THEODORE P. AND BLANCHE S. BRACKMAN for a variance to Section 4.4(b) of the Subdivision Ordinance, as fol lows : Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Theodore P. and Blanche S. Brackman. Property located at the Western extremity of Pine Ridge Lane. Plats with more detailed information are available in the Department of Planning. The applicant requests a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide approximately 1.5 acres into two (2) lots. LYNNHAVEN BOROUGH. Voting 1 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan 3 7. 0 R D I N A N C E S ITEM II-G.l.a ITEM 1 7276 Upon motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Section 18-29 of the Code of the City of Virginia Beach pertaining to examination and audit of licensee's records. Voting 1 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,* Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan COUNCILMAN KITCHIN VOICED A VERBAL "AYE". 3 8- AN ORDINANCE AMENDING AND REORDAINING SECTION 18-29 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO EXAMINATION AND AUDIT OF LICENSEEIS RECORDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 18-29 is amended and reordained as follows: Section 18-29. Examination and audit of licensee's records. (a) The commissioner of revenue, his duly authorized agent, or any other officer of the city charged in any manner with the duty of assessing or collectinq taxes may conduct an investigation, examination or audit to determine that the amount of actual Purchases or sales or actual commissions or the gross or net receipts from any business or profession or any other matters that may be pertinent to the assessment of the license tax in question have been correctly reported or returned in accordance with section 18-13. To that end, the commissioner of revenue may summon such person before him and require the production of his records, books and papers likely to throw any light upon the matter under investigation and may make, or cause to be made, such other and further investigations, examinations and audits of the records, books and papers of such person as he shall deem proper in order to determine accurately the proper return to be made by such person. 3@9- (b) If, after an investigation, examination or audit under this section, it shall appear that purchases, sales, commissions, receipts or other matters pertinent to the assessment have been incorrectly reported or returned, the commissioner of revenue shall assess such person with the proper city license tax. If it shall appear that such purchases, sales, commissions, receipts or other matters pertinent to such assessment have been wilfully incorrectly reported or returned, such person shall pay, in addition to such increased license tax assessed, a penalty of twenty-five (25) percent of such increased assessment. Any incorrect report of return shall be deemed prima facie willful. (c) Any person who shall fail to appear before the commissioner of revenue or his duly authorized representative and produce such records, books and papers, when duly summoned, or who shall refuse to permit the commissioner of revenue or his duly authorized representative to make or cause to be made such other and further investigation and audit of such books and papers, shall be guilty of a class 4 4 misdemeanor. This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of October 1981. MES/re 10/7/81 9/23/81 9/3/81 10/13/81 (1981-B) -2- - 40- ITEM II-G.l.b ITEM #17277 Upon motion by Vice Mayor Heischober, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and ADOPT the Ordinance to amend and reordain Division 2 of Article II of Chapter 2 of the Code of the City of Virginia Beach, Virginia, relating to administration of the Basic Pay Plan. Voting: 8- 2 Council Members Voting Aye: John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, and Reba S. McClanan Council Members Absent: E. T Buchanan 41 - Requested by: City Manager/Director of Personnel AN ORDINANCE TO AMEND AND REORDAIN DIVISION 2 OF ARTICLE II OF CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO ADMINISTRATION OF THE BASIC PAY PLAN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Division 2 of the Code of the City of'Virginia Beach is hereby amended as follows: Section 2-101. Definitions. For the purposes of this division, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them in this section: Class: A groupinq of jobs having similar duties and responsibilities, requiring similar knowledges, skills and abilities and demanding similar qualifications so that they the jobs may be appropriately titled and described, and the employees performing such jobs may be equally compensated the-same. Full-time employee: A full-time employee shall be defined as a city employee who is scheduled to actually work thirty-five (35) hours or more per consecutive work week. Part-time employee: A part-time employee shall be defined as a city employee who is scheduled to actually work less than thirty-five (35) hours per consecutive work week. Permanent employee: A permanent employee shall be defined as a city employee who is to-be emi)loyed in a position for an indefinite time period and who has completed the required probationary period as provided in section 2-108. Probational employee: A probational employee shall be defined as a city employee who is employed in a position for an indefinite time period and who has not as yet completed the required probationary period as provided in section 2-1.08. - 4 '@)- Range: The minimum through maximum and career salary levels assigned to a class. Temporary employee: A temporary employee shall be defined as a @ity employee who is employed in a position in which the length of employment is fixed. Section 2-102. General responsibility of director of personnel. The director of personnel shall be responsible for administering the application of the pay plan ordinance and promulgating rules and regulations to carry out its purposes. Such rules and regulations shall be subject to approval as to legal form by the city attorney. Section 2-103. Review and amendment of plan; schedule adopted. (a) The director of personnel shall constantly review assigned employee pay ranges, and when necessary, make recommendations for changes to the city manager. The ranges of pay for each class of positions may be ehangeel adiusted by the city manager upon recommendation by the director of Personnel, provided existinq budgetary funds are available for any recommended increases-in-the-ranges. (b) A change in the pay range of a class shall not affect the anniversary date of employees in that class, except when it involves e-eareer-stept the reassignment of an employee from a career pay step to a regular pay step. (c) The city pay schedule7--as adopted by seetion-4-of Ordinance No. 1092 is hereby Virginia-Beseh-Bee4e-Pay-seheadle7 ratified, confirmed and incorporated herein by reference. Section 2-104. original employment. Original employment shall be the status of an employee's initial period of continuous employment with the city. An individual beginning employment for the first time shall usually be placed at the first step of the pay range establi,shed for the class in which employed. occasionally, however, based on a new employee's prior experience and proficiency in the same or -2- - 4 3- related capacity, placement may be accelerated up to and including the (E) step of the assigned range upon recommendation by the employing authority and approval of the director of personnel. The effective date of original employment shall be the first day of the Probationary period. Section 2-105. Reemployment. Reemployment shall be the status of the returning employee's employment period following a separation from city employment of more than thirty (30) consecutive dalendar days from the date of separation. A new anniversary date shall be effective six (6) months from the first day of the pay period following the return to service. Such anniversary date shall be the basis for computation of all merit increases and other salary adjustments. A returning employee who is reemployed shall usually be placed at the (A) step of the position's approved pay range. Occasionally, however, based on the returning employee's prior proficiency and experience in the same or related capacity, an acceleration of up to and including the (E) step of the assigned range may be made upon recommedation by the employing authority and approval of the director of personnel. All time earned in previous employment shall not be counted towards the probationary period, annual leave, service awards, or other longevity-based employment conditions or benefits. Rather, only that time earned following actual reemployment shall be counted. Section 2-106. Reinstatement. Reinstatement shall be the status of the returning employee's employment period following a return to duty with the merit service of the city within thirty (30) consecutive Calendar days from the date of separation from the merit service. The appropriate pay step within the approved range of the class and anniversary date for all reinstated employees shall be determined by the director of personnel. All time earned Previeus prior to reinstatement shall be counted towards the probationary period, -3- - 4 4 - annual leave, service awards, eknd-the-like etc. However, the actual time missed prior to reinstatement shall be discounted from actual annual leave accrual to the nearest pay period. Section 2-107. Conversion from full-time temporary status to full-time permanent status. Conversion shall be the change, upon the request of the employing authority, from Etill-time temporary status to full-time probational or permanent status. Upon such conversion, the director of personnel shall credit towards probation, annual leave, service awards and m6rit increases all prior time worked in full-time temporary status to those employees converted to full-time probational or permanent status. Stieh-ered-it--w-i-11--be awarde(q-to-these-eenvertinej-empleyees-who-have-rendered satiefeeteL-y-eervi-ee-dering-their-temperary-empleymentT Conversion status will be awarded only to those employees who have rendered acceptable@service durinq their temporary employment. Section 2-108. Probationary period of employment. The probationary period for employees (except for sworn police and fire) shall be the initial six (6) calendar months +twelve-++R@-ealender-menthe (or the hourly eauivalent thereof for part-time employees) of employment following an original employment or reemployment and terminating on the employee's anniversary date. The probationary period for sworn policet and fire enel-qretnt personnel shall be twelve (12) calendar months of employment following an original employment or reemployment and terminating on the employee's anniversary date. Section 2-109. C hanges in pay generally. (a) Administrative increase. An administrative increase shall be a one (1) or two (2) regular pay-step increase increment increase or a one (1) career pay-step increment increase within the pay range of a class that is awarded to an employee displaying exceptionally outstanding meritorious service that exceeds established performance standards. Employees may be -4- - 4 5- recommended for an administrative increase upon submission of a letter of justification by the respective department head to the director of personnel, subject to the approval of the city manager. An administrative increase does not affect the employee's anniversary date idii-time-permenent-emp+eyees. (b) Variable merit increase. A variable merit increase shall be either one (1), ftn-inerease-of two (2), stel5e-within or three (3) step increment increase within the Pav ranqe of the class to which the employee is assigned, granted to full-time permanent employees, that is awarded based on job-2erformance as evaluated by the city-wide performance evaluation program. Each employee shall be formally evaluated and rated on ective anniversary date and each succeedinq anniversary date thereafter to determine the level of Performance the emplovee has achieved. Based on this rating the employee shall be awarded either no increase for below acceptable performance, a one (1) step (2 1/2%) increase for acceptable performance, a two (2) s 5%) increase for very good performance, or a three (3) step (7 1/2%) increase for an outstandinq Performance rating subject to final approval by the city manager. However, all emplovees completinq the probationarv period shall be eliqible for no more than a two (2) step adjustment. Merit increases may shall become effective on or the employee's anniversary date as provided in section 2-116. This increase is not automatically awarded, but is given based on job performance. Should-a-mer+t-inerease-be Merit increases shall only be awarded to full-time permanent employees. (c) Administrative decrease. An administrative decrease shall be defined as a two (2) ar pay step reduction or a one -5- - 46- (1) career pay step reduction within the pay range of a class as disciplinary action as the result of unsatisfactory job performance or misconduct. An administrative decrease requires a letter of justification submitted by the respective department head to the director of personnel and is subject to the approval of the city manager. Anniversary dates are not affected by an administrative decrease, except when such adjustment inve+ves-a eareer-stel5T takes the effected employee from a career step to a regular pay step; in which case, the next date of eligibility for a merit increase shall be one year from the effective date of the administrative decrease. (d) Career Steps. In addition to the eleven (11) regular (A) through (K) steps, each pay range shall have two (2) additional career steps (L) and (M). After three (3) years of etteeesefdl acceptable service at the top regular (K) step of the class to which a position has been assigned, an employee shall become eligible for consideration for the first career (L) step. After three (3) years of sueeessful acceptable service at the (L) step, an employee shall become eligible for consideration for the second career (M) step. In all cases, employees must first satisfy the time requirements established before becoming eligible for advancement to the (L) or (M) steps, except when an administrative increase is involved. A career increase shall be considered a merit increase transaction when actually awarded and the personnel transaction request form shall be so noted. At no time shall employees be promoted into a career step, in the new position, higher than the career step the employee had attained in the former position. (e) General increase. A general increase shall be an increase to a higher pay range for all classes of employees simultaneously. This shall be recommended by the city manager and approved by the city council. General increases are not dependent on an employee's individual performance within a job class. (f) Pay differential. A pay differential shall be authorized whenever an employee compensated in a classification -6- 4 7- which is not designated by the director of personnel to require shift work is regularly assigned@@to work a shift which commences on or between the hours of 3:00 p.m., to 3:00 a.m. Such emplovee shall receive the equivalent of a two (2) regular pay step differential in addition t6 their normal salary rate for all hours worked during such time period on] regularly scheduled rotatinq shift work shall be ineligible under the provisions of this subsection. Section 2-110. Promotion. Promotion. A promotion shall be an advancement by an employee to a higher pay range granted to an employee in conjunction with increased job duties and responsibilities. When employees are promoted, their salary shall be increased to a minimum step for that class (A step) or four (4) pay increments above their present range and step, whichever is greater. However, such an increase shall not place the employee at a pay step in the range of the new position higher than the pay step held in the range of the former position. The effective date of all promotions shall be the first day of the pay period. Employees who are promoted on their anniversary date and are eligible for a variable merit increase or career step increase may receive a aim-+6+-step-pay-+nerement one (1), two (2), or three (3 steps or one (1) career step increment increase, based on the employee's performance evaluation, in addition to the pay increments received for the promotion. However, such an increase shall not place the employee at a pay step in the range of the new position mare-then pes+t.ian higher than that pay step which would have been received in the former position had a promotion not been qranted. Section 2-111. Demotion. A demotion shall be a reduction in the pay range of an employee in conjunction with a change in job duties and responsibilities. When an employee is -7- 4 8- reduced to a lower pay range, the step within the new pay range shall be determined by the director of personnel. If the deTnotion is of a voluntary nature, made at the request of the employee, then the anniversary date of eligibility for variable merit increases shall not be adjusted, unless the demotion involves assignment to a different department, division or bureau, in which case, the appropriate anniversary date shall be determined by the director of personnel. Section 2-112. Reclassification. (a) A reclassification shall be a reassignment of the appropriate job title, pay range and step to an employee whose job responsibilities have evolved to a degree that the present job classification does not accurately reflect the actual duties performed. When such position cannot accurately be described or compensated by assignment to an existing class, the director of personnel shall establish a new class with appropriate ranqe and title, subject to the approval of the city manager. The director of personnel shall determine an appropriate pay step and anniversary date based on the employee's longevity in the work of the class to which reclassified. (b) Whenever any employment position with the city is reclassified to a different class having a lower pay range, all employees employed in the reclassified position at the time of reclassification shall continue to be compensated at the rate received at that time, notwithstanding that, in some cases, such amount may be greater than the highest step of the range of the new classification. Such reclassified employees shall continue to receive all future general salary increases. (c) Payment of compensation to reclassified employees, which is made pursuant to subsection (b) of this section, and which may exceed the highegt step of the reclassified range for such employee, shall not be deemed a promotion. -8- 4 9- Section 2-113. Transfers. (a) A transfer of an employee from-one 15ayrall-buelqet departmental bureau code to another within the same department shall be considered a transfer within the department. (b) A transfer of an employee from one departmental bedget bureau code to another shall be considered a transfer between departments. If a transfer between departments involves a promotion or demotion, the rules of the appropriate action shall apply. when employees transfer between departments to the same class of position no change of status or anniversary date occurs. Section 2-114. Terminations. (a) Resignation shall be a voluntary separation from employment through written notification to the employing authority initiated by the employee. (b) Completion of temporary employment shall be the separation from employment of a temporary employee who has worked through the last work day fer-wh+eh the temporary position is available. Employees separating prior to the last work day shall be governed by the appropriate teperating ation action. (c) Retirement shall be the separation of a full-time employee who is scheduled to begin receiving retirement benefits from the state and/or federal agencies. Retirement is-mandetary from full-time service with the City is mandatory at age 70 for all employees except sworn idolice and fire personnel who must retire at age 65 unless otherwise required by state law. (d) Dismissal shall be an involuntary separation from employment initiated by the employing authority as a result of the employee's unsatisfactory work performance or misconduct. (e) Failure to appear shall be a failure by an employee to report to work during the first scheduled work day following employment without previous notification to the dmployinq authority. (f) Administrative termination shall be a separation from employment initiated by the director of personnel on the basis of -9- 50- the employee's failure to meet minimum qualifications for the position following the actual start of work or the unavailability of,either the position or approved manies budgetary funds in the budget of the respective department. These-empleyees-shall-be +if-any+v Section 2-115. Effective date of actions. In all cases except separation, the effective date of action shall be considered the commencement of the employee's regularly scheduled work period on the calendar day indicated. In all cases of separation, the effective date of action shall be considered the end of the employee's regularly scheduled work period, unless specified on the calendar day indicated. Section 2-116. Anniversary dates. The anniversary date shall be the date on which the an employee becomes eligible for a variable merit increase. 4;he An employee's first anniversary date shall generally be the effective date of permanent status provided the employee has continued in the same job class as originally employed. Otherwise, the employee's first anniversary date shall be six (6) months from the date assiqned to present job class, except sworn police and fire job classes in which case the first anniversary date shall be twelve (12) months from the date assigned to the class. Thereafter, the anniversary date shall be one (1) year from the date of the last promotion, dematiOrk7 variable merit increase, Belmin+strative-eleerease-or-transfer or assignment to new job class dissimilar to the lgesitien job class vacated, except where a career step is involved in which case it shall be three (3) years from the effective date of action. However, where a demotion action of nondisciplinary type is involved and the work requirements of the former position are applicable to the work requirements of the lower position, the employee's present anniversary date may remain unchanged, subject to the -10- 51- approval of the director of personnel. HoweveeT-when-eareer This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on October 12, 1981 RHM/da 9/15/81 9/30/81 10/1/81 10/2/81 APPR@OVED AS TO CONTENT (1981-A) SIG@4ATUIL DEPAR'MINT -o CITY AffOI14EY - 52 - ITEM II-G.2.a ITEM #17278 The following bids have been received for the KempsvilIe Road, Phase I , Project:. Rea Birsch Construction Company $1,748,636.21 A.P.A.C., Virginia $1,799,317.02 Warbler Construction Company, Inc. $1,861,121.23 Ames and Webb, Inc. $1,919,941.01 Wil I iams Paving , Inc . $1,928,228.55 Suburban Grading and Utilities, Inc. $1,935,945.65 Asphalt Roads and Materials, Inc. $2,045,471.00 Dickerson Construction, Inc. $2,304,155.25 Engineer's Estimate $2,177,310.48 Upon motion by Councilman Baum, seconded by Mayor McCoy, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Rea Birsch Construction Company, in the amount of $1,748,636. 21 for the Kempsville Road , Phase I , Project ; and , authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: I0 - 0 Council Members Voting Aye: John A. Baum,* F. Reid Ervin,* Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan *COUNCILMEN BAUM AND ERVIN VOICED VERBAL "AYES". 53- A P P 0 I N T M E N T S ITEM II-H.1 ITEM #17279 City Council deferred consideration of appointments to the PERSONNEL BOARD for one (1) week. U N F I N I S H E D B U S I N E S S ITEM II-I.1 ITEM #17280 The City Manager presented a report to Council.on the "Tri-Party Signing" of an Agreement of Amendment to the,Norfolk Water Contract, (April 24 , 1 973) , the f irst Suppl emen ta l Agre'ement to the Suffol k Water Supply Well Agreement (February 18, 1981), and the U. S. Navy Contract with the Cities of Norfolk and Suffolk. Th6 City Manager explained his position and the risks the City of Virginia Beach would take in future litigat.ion. By consensus of City Council, the City Manager was authorized to sign the necessary Amendments to the Norfolk and Suffolk Water Supply Agreements. The signing was scheduled for 9:00 a.m., Wednesday, October 14, 1981, in the Norfolk City Conference Room. ITEM II-I.2 ITEM #17281 Councilman Baum requested two items be included in the Legislative Package: Freedom of Information Act - abolish one sentence: the definition of a meeting, which eliminates the need to notify anybody if you are having an informal gathering. General Assembly impose a Statute of Limitations on Defunct Corporations. Mayor McCoy requested travel allowences for Council Members be placed in the Legislative Package. Councilwoman Henley requested election of the School Board be placed in the Legislative Package, with tho wording "power of taxation" following: The City Manager distributed a brief list of subject items he proposed to be included in the 1982 Legislative Package. - 54- ITEM II-I.3 ITEM #17282 The City@ Manager presented to Council a copy of the proposal by Durwood Curling, Chairman, Southeastern Public Service Authority of Virginia, (a copy of which has been made a part of these proceedings). A D J 0 U R N M E N T ITEM I I-J. 1 ITEM #17283 Upon motion by Councilman Standing, City Council adjourned at 4:30 p.m. D.iane M. Hickman, Deputy City CTe-rk Ruth Hodges m i Mayor J.,,-)enty J r,@@) City of Virginia Beach, Virginia 12 October 1981 dhm/asb