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JANUARY 7, 1985 MINUTES City of Virgi:n.ia Beach "WORLD'S LARGEST RESORT CITY" CiTY COUNCIL MA YOR HAROLD HEISCHOBER, At Large VICE-MA YOR REBA S. McCLANAN, Pri1u:e.. A..... IJorot¿gh JOHN A. BAUM, BlDckwater IJorot¿gh NANCY A. CREECH, At Large ROBERT E. FENTRESS, Virginia Beat:h IJorot¿gh BARBARA M. HENLEY, Pu..go IJorot¿gh H. JACK JENNINGS, JR., LynlÙl4"e.. IJorot¿gh LOUIS R. JONES, I/4Yli<ù Boror.gh ROBERT G. JONES, At Large J. HENRY McCOY, JR., Ke...",vùù Borough MEYERA E. OBERNDORF, At Large RUTH HODGES SMITH, CMC, City Clerk CI TY COUNCI L AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 2J.I.56-ØDœ 18041 J,f7-4'O' January 7, 1985 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Rooa - 1:00 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL- Council Chaabers - 2 PM A. INVOCATION: Reverend Thomas H. Britton Lynnhaven Colony United Church of Christ B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. HI NOTE S 1. Motion to accept/approve the Minutes of December 17, 1984 G. PRESENTATION 1. Maury Riganto Awards - Traci Strickland and James D. Fussell H. PUBLIC HEARING 1. Cox Cable Request for Rate Increase I. PLANNI NG 1. Ordinance closing, discontinuing and vacating a portion of Old Wolfsnare Road in the petition of F. Wayne McLeskey, Jr. (Lynnhaven Borough). a. Letter from the City Manager transmits his recommendation for FINAL approval. 2. Ordinance closing, discontinuing and vacating a portion of Ego Drive located east of Matt Lane in the petition of Williaa R. and Helen H. Holz (Lynnhaven Borough). (This street closure was deferred on December 17, 1984). a. Letter from the City Manager transmits the recommendation of the Planning Commission, and the viewers concur, for approval. J. RESOLUTIONS/ORDINANCES 1. Resolution to adopt the revised COMPREHENSIVE PLAN, including an expression of legislative intent that the PLAN shall be construed as recommending no increase in residential density beyond what is now allowed by right of conditional use permit under the existing zoning on property south of the "Green Line" for the next five (5) years. (This resolution was deferred December 17, 1984 to January 7, 1985). 2. Ordinance to amend and reordain Section 35-6.1(b) of the Code of the City of Virginia Beach, Virginia, pertaining to personal property tax on motor vehicles and trailers; proration thereof. K. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to amend and reordain Chapter 23 of the City Code by adding Section 23-26.1 to the Code of the City of Virginia Beach, Virginia, pertaining to solicitation for immoral purposes. L. M. N. O. 2. Ordinance, on SECOND READING, to appropriate $85,000 to charge-off a loan due from the Virginia Beach Maritiae Historical Museua, Inc. 3. Ordinance, on SECOND READING, to appropriate $5,500,000 for various engineering and highway projects (Revenue Sharing Allocation). 4. Ordinance, on SECOND READING, to appropriate funds totalling $1,862,805 to implement the immediate action program as proposed by the Virginia Beach Resort Area Advisory Co88ission. 5. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of General Booth Boulevard, to McDonald Corporation, its assigns and successors in title. 6. Design Ferrell Parkway, Phase 1-B (CIP 2-936) Project. Letter from the City Manager requests that Council authorize the staff to proceed with the design of the Collector-Distributor System as reflected in Alternative II. 7. Bingo/Raffle Permits: Kellam Band Parents' Association, Inc. Spina Bifida Association of Tidewater March of Dimes Birth Defects Foundation Bingo/Raffle Bingo/Raffle Raffle 8. Request of the City Treasurer for tax refunds in the amount of $7,439.06. 9. Request of the Commissioner of Revenue refunds in the amount of $11,248.18. for license UNFINISHED BUSINESS NEW BUSINESS 1. LEGAL HOLIDAY - February 18, 1985 - Cancel or Reschedule Regular City Council Meeting 2. Request of Christian Broadcasting Network for WAIVER of a condition in the approval of a conditional use permit January 16, 1984 (Student Housing). RECESS OF COUNCIL 1. Appointee Evalution ADJOURNMENT 1. Motion to adjourn. MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 7, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, January 7, 1985, at 1:00 in the afternoon. Council Members Present: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech Councilwoman Creech entered the EXECUTIVE SESSION at 1:15 p.m. January 7, 1985 - 2 - ITEM # 22999 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes, to be followed by the REGULAR MEETING. 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech January 7, 1985 - 3 - REG U L A R S E S S ION VIRGINIA BEACH CITY COUNCIL January 7, 1985 2:00 p.m. Mayor Harold Heischober called the Regular Session of the Virginia Beach City Council to order in the Council Chambers, City Hall Building, on Monday, January 7, 1985, at Two O'Clock in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Thomas H. Britton Pastor Lynnhaven Colony Congregational Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. January 7, 1985 - 4 - CITY MANAGER'S ADMINISTRATIVE AGENDA Item II-D. 1 SPECIAL MEETING/ CITY COUNCIL ITEM # 23000 The City Manager requested a SPECIAL MEETING of CITY COUNCIL at 1:00 p.m. on January 23, 1985, to receive BIDS on the sale of $21,230,000 of the $21,400,000 PUBLIC IMPROVEMENT BONDS and $6,240,000 of the unissued balance of $46,000,000 WATER and SEWER BONDS. Item II-D.2 CONSENT AGENDA VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION ITEM 11 23001 Councilwoman Henley referenced an Ordinance, on SECOND READING, to appropriate funds totalling $1,862,805 to implement the immediate action program as proposed by the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION (See Item II-K.4 of the Consent Agenda) This item will be pulled for discussion. Item II-D. 3 SOLICITATION FOR IMMORAL PURPOSES ITEM 11 23002 Councilman Baum referenced an Ordinance to amend and reordain Chapter 23 of the City Code by adding Section 23-26.1 of the Code of the City of Virginia Beach, Virginia, pertaining to SOLICITATION FOR IMMORAL PURPOSES (See Item II-K.l of the Consent Agenda). This item will be pulled for discussion with Chief Charles Wall responding to inquires. January 7, 1985 - 5 - Item II-F.l MINUTES ITEM # 23003 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED the Minutes of December 17, 1984. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 7, 1985 - 6 - Item II-G.l. PRESENTATION ITEM It 23004 Mayor Heischober presented the MAURY RIGANTO AWARDS to the following: Traci Strickland (Bayside High School) James D. Fussell (Kempsville High School)* G. Garland Payne, Vice Chairman of the Parks and Recreation Commission, City of Virginia Beach, introduced the recipients of these awards. This AWARD recognized outstanding student athletes in the VIRGINIA BEACH SCHOOL SYSTEM. Traci Strickland's parents were also in attendance, as well as her coaches from Bayside High School, Mrs. Nocher and Mrs. Griffin. *James D. Fussell, a Freshman at the University of Tennessee, was unable to attend the Presentation; however, his parents, Dr. and Mrs. James Fussell, were in attendance, and his high school coach, Keith Lowrance, accepted the AWARD. Harold Whitehurst, Director of Parks and Recreation, was also in attendance. January 7, 1985 - 7 - Item II-H. 1 PUBLIC HEARING ITEM # 23005 Mayor Heischober DECLARED a PUBLIC HEARING on the following: COX CABLE REQUEST FOR RATE INCREASE The following spoke in support of this request: Roger Pierce, Vice President and General Manager of Cox Cable, spoke in support of this request. J. Randall Blow, Assistant City Attorney, spoke concerning authority of City Council to regulate the PLAYBOY CHANNEL (Channel 27). The Commonwealth Attorney must receive complaints from the community that the PLAYBOY CHANNEL is obscene and an investigation will be held to determine if same is true. City Council will not be able to act under FCC Regulations until that de- termination is made, the channel is judged to be obscene and a conviction is secured. The following were in attendance representing COX CABLE to respond to inquiries, but did not speak: Neal Barranton Dana Coltrin William Wright Dale Thompson The following spoke in oppostion to the COX CABLE Request for RATE INCREASE: Reverend Fritz Stegemann, Pastor of Open Door Chapel. Reverend Stegemann dis- tributed information concerning pornography, as well as a letter from Cox Cable to Councilman Jennings and Fentress, to City Council (same is hereby a part of the record). Reverend James Kilpatrick, Pastor of Friends Church in Virginia Beach Reverend John Giminez, Pastor of Rock Church Leroy Cason, retired Bell Telephone Manager, resident of Bayside and Thoroughgood area. Reverend Dan Varela, Pastor of New Creation Community Church Bruce Fulcher, student at CBN UNIVERSITY, and employee of CHRISTIAN BROADCASTING NETWORK. Kirk Devenney, new resident, employee of J. C. Penney and student at CBN UNIVERSITY Joseph Starcevich, preparing for ministery at Rock Chuch Virginia Teagle, resident of Virginia Beach for thirty-three years Mrs. Charles E. Parker, Twelve (12) year resident of Virginia Beach John Barlow, resident of Ocean View area There being no further speakers, Mayor Heischober closed the PUBLIC HEARING. January 7, 1985 - 7a - . .. .. . .. 6 Virginia Beach Sun, December 26, 1984 PUBLIC NOTICE . The Virginia Beach City CouDcll, at its Reaular Session. 2:00 p.m. Monday. January', 1985. will consider the request o( Cox Cable Virginia Beach (or a monthly RATE INCREASE (or Basic Cable Service (rom 59.24 to $10..50. All persons who desire to speak should register with the City Clerk prior to this Council meeting. Ruth Hodges Smith, CMC City Clerk 139-6 It 12-26 VB January 7, 1985 - 8 - Item II-I.l PLANNING ITEM # 23006 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of F. WAYNE McLESKEY, JR., for closing, discontinuing and vacating a portion of OLD WOLF SNARE ROAD as per the following: FINAL APPROVAL Application of F. Wayne McLeskey, Jr., for the dis- continuance, closure and abandonment of a portion of Old Wolfsnare Road beginning at the intersection of Wolfsnare Road (Relocated) and Westminister Lane, running a distance of 121.52 feet along the south side of Wolfsnare Road (Relocated), running a dis- tance of 431.65 feet in a southwesterly direction, running a distance of 40.79 feet in a southerly di- rection, running a distance of 518.01 feet in a northeasterly direction, running a distance of 13 feet in a southerly direction and running around a curve in a southeasterly direction a distance of 33.35 feet. Said parcel contains .37 acre more or less. LYNNHAVEN BOROUGH. This Closure had been approved by City Council on January 7, 1981, subject to the following condition: The ultimate disposition of this right-of-way should be by means of purchase rather than direct conveyance to the adjoining property owner. As the applicant does not own all of the property adjoining a portion of the street that was closed, and the City cannot require purchase, the City Council, as requested by the City Manager's recommendation, removed this condition and issued FINAL APPROVAL of the Street Closure. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 7, 1985 I II - 8a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS I OLD ~~OLFSNARE ROAD, LOCATED I N THE L YNNHA VEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOUN ON THAT CERTAIN PLAT ENTITLED IIPLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA, LY~NHAVEN BOROUGH - VIRGINIA BEACH, VIRGININ', WHICH PLAT IS RECORDED IN THE CLERK1S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK, AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by F. Wayne McLeskey, Jr., that he would make application to the Council of the City of Virginia Beach, Virg~lia, on 1981, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, c10sed, and vacated; NOW, THEREFORE, . SECTION I 'BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discon- tinued, closed, and vacated: Beginning at a point, said point being on the cast right of way line on North Great Neck Road and the Northwest right of way line of Old Wolfsnare Road, and from said point along a curve to the right having a radius of 524.73 feet, an arc distance of 35.20 feet to a point; thence continuing along a curve to the righthaving a radius of 2230.00 feet, an arc distance of 347.31 feet to a point; thence r.162°37'19I1E a distance of 115.20 feet to a point; thence along a curve to the right having a radius of 590 feet, an arc distance 40.81 feet to a point; thence continuing on a curve to the right, having a rad-ius of 90.35 feet, an arc .distance of 38.52 feet to a point; thence S 73°341 3311 E, a distance of 15.00 feet to a point; thence along a curve to the right having a radius of 30.00 feet, an arc distance of 27.09 feet to a point; thence along ù curve to the left, having a radius of 20.00, an arc distance of 33.35 feet to ù point; thence U 27°2410011 H a distance of 13.00 feet to a point; thence S 62°36'00"1-/ a distance of 185.84 feet to a point; thence along ù curve to the left having a radius of 2200.00 feet, an arc distance of 342.64 feet to ù point; thence continuing along a curve to the left having a radius of 494.73 feet, an arc distance of 63.1',4 feet to a point; thence N Ot031O5" E) ù distance of 117.70 feet to the po"jnt of beginning. (portion to be vacated is designated 19)365 square feet on the be10\'¡ described plat.) Said parcel of land being a portion of Old Wolfsnare Road, as indi- cated on that certain plat entitled "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA, LYNNHAVEN BOROUGH - VIRGINIA ßEACH, VIRGINIA") which is recorded in the Clerkls Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book , at page January 7, 1985 - 8b - and \'Jh i ch is made a part hereof by reference. SEcn ON I I A certified copy of this ordinance and attached plat shall be filed in the clerk's office of the City of Virginia Beach and indexed in the name of the City of Virginia Beach as grantor. SECTION II I This Order shall be in effect from the date of its passage. FINAL APPROVAL'. January 7, 1985 January 7, 1985 - 9 - Item II-I. 2 PLANNING ITEM if 23007 Attorney Stuart Held represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED, subject to final approval in 180 days, an Ordinance for the discontinuance, closure and abandonment of a portion of Ego Drive in the petition of WILLIAM R. and HELEN H. HOLZ. Application of William R. and Helen H. Holz for the discontinuance, closure and abandonment of a portion of Ego Drive beginning at the eastern boundary of Matt Lane and running in an easterly direction a distance of 134.6 feet. Said parcel is 50 feet in width and contains 3,358.30 square feet. LYNNHAVEN BOROUGH. Approval was subject to the following: 1. Resubdivision of the property to incorporate the closed area into adjoining parcels to avoid the creation of a nonconforming lot. 2. Dedication of a 20-foot drainage easement on the center- line of the existing 50-foot right-of-way. 3. The closure of this right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 7, 1985 - 9a - CHRISTIE, HELD, SPANOULIS ß CHRISTIE ^ P..o..."O",^L CO..PO..^TIO'" AITORNEYS AND COUNSELLORS AT LAW 245 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 GEORGE A. CHRISTIE STUART H. HELD CONSTANTINE A. SPANOULIS CHRIS A. CHRISTIE TELEPHONE (804) 422-1400 CERTIFICATE OF VESTING OF TITLE I, Stuart H. Held, attorney for ~Jilliam R. Holz and Helen H. Holz, do hereby certify that: 1. I am an attorney at law and represent William R. Holz and Helen H. Holz, the petitioners. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in William R. Holz and Helen H. Holz and Ra~~ond E. Lett and Debra V. Lett, the adjacent landowners. The said property referred to herein is hereby described as follows: Ego Drive beginning at a point on the East side of Matt Lane North 2 degrees, 21 minutes West a distance of 50 feet to a point and thence North 87 degrees, 39 minutes East a distance of 134.57 feet to a point, thence South 1 degree, 15 minutes East a distance of 50.01 feet to a point; thence North 87 degrees, 39 minutes East 133.61 feet to the point of beginning. r .. ~eld January 7, 1985 CHRISTIE. HELD &PANOUUS II CHRISTIE A -OI'~"IONAL COIOf"OAATION ATTOIO""'" AT LAW YI""""'A KACH, yl""",,"A - 9b - l IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS EGO DRIVE AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF EGO DRIVE TO BE CLOSED" AS SHOWN ON SUB- DIVISION OF WEST OCEANA GARDENS, LYNN HAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, MADE BY LEE S. ROOD, P.C., LAND SURVEYOR, DATED JANUARY 19, 1984 WHICH PLAT IS ATTACHED HERETO. TO: PETITION THE ¡'lAY OR Aim THE HEMBERS OF THE COUNCIL OF THE CITY OF VIRGI~IA BEACH, VIRGINIA Your Petitioners, William R. Holz and Helen H. Holz, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioners apply for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: Ego Drive beginning at a point on the East side of Matt Lane North 2 degrees, 21 minutes West a distance of 50 feet to a point and thence North 87 degrees, 39 minutes East a distance of 134.57 feet to a point, thence South 1 degree, 15 minutes East a distance of 50.01 feet to a point; thence North 87 degrees, 39 minutes East 133.61 feet to the point of beginning. Said parcel of land being a portion of Ego Drive, as indicated on that certain plat entitled "Plat Show'ing Portion of Ego Drive To Be Closed" as shown on Subdivision of West Oceana Gardens, Lynnhaven Borough, Virginia Beach, Virginia, which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petitioners pray that this Honorable Council appoint Viewers as provided by January 7, 1985 CHRISTIE. HELD, 6PANOULIS 6 CHRISTIE A .."OFUIò,OfojA. CCHt"O"ATIOfo¡ AnCHt"'ET~ AT LAW V"'(;""'A aLAc". V"""""A - 9c - law to view said platted street proposed to be closed and to report in writing to the Council on or before the day of , 1984, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the day of , 1984, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation, in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street are your Petitioners herein, William R. Holz and Helen H. Holz, and Raymond E. Lett and Debra V. lett, 200 Matt lane, Virginia Beach, Virginia. Respectfully submitted, WILLIAM R. HOll ~S~ H. HOLl BY&tf;a.\ ouns~, Stuart H. Held CHRISTIE, HELD, SPANOUlIS & CHRISTIE A Professional Corporation 245 First Colonial Road Virginia Beach, Virginia 23454 422-1400 January 7, 1985 - 10 - Item II-J.l RESOLUTION ITEM 11 23008 Attorney Robert Cromwell, represented Courthouse Estates Attorney Glen Croshaw, represented Lone Star, Inc., and Sandbridge Development Company Attorney Wallace B. Smith, represented Kenneth E. Watts' property on Sandbridge Road Attorney Paul M. Lipkin, represented the M. R. Adams and M. R. Adams, Jr. Estates. Mary Virginia Mathews, property owner, adjacent to Nimmo Church, represented herself Irvin A. Douglas, represented the Council of Civic Organizations Maxine C. Graham, represented self and George and Anne Reese Ed Lynk, a property owner, registered, but did not speak Upon motion by Council Louis Jones, seconded by Councilwoman Creech, City Council ADOPTED a Resolution to AMEND the COMPREHHENSIVE PLAN of October 1979, recommending no increase in residential density beyond what is now allowed by right of conditional use permit under the existing zoning on property south of the "Green Line" for the next five (5) years and the City Manager will prepare a Request for Proposal for a Land Use Consultant with no approval of site plans or building permits on parcels larger than five acres south of the Green Line until after January 1, 1986. A motion was made by Councilman McCoy, seconded by Councilman Baum, to DEFER Adoption of a Resolution to AMEND the COMPREHENSIVE PLAN of October 1979, and vote immediately on the question of DOWNZONING. Said motion was WITHDRAWN. This Resolution was presented by Councilman Louis Jones and further amended by City Council. The Second Paragraph on the third page was AMENDED as per the following: "BE IT FURTHER RESOLVED: That, pending the receipt of the recommendations of the consultant to be hired and the adoption of a plan of implemen- tation by the City Council, which plan the City Council antici- pates adopting prior to Seþ~effibe~-~,-~986, January 1, 1986, it is the policy of the City Council that for parcels of land larger than five (5) acres the City neither approve any site plan, nor issue any building permit in any residential development or area where site improvements have not begun as of the date of this Re- solution in the residentially or commercially zoned land south of the Green Line; and, ..." AND, The following paragraph was ADDED to said Resolution: "BE IT FURTHER RESOLVED: That the City Attorney is requested to prepare and for- ward to City Council on January 14, 1985, an ordinance implementing the policy set forth in this Resolution." Mayor Heischober requested Robert Scott, Director of Planning, notify the PLANNING COMMISSION that they no longer need to address the issue of DOWNZONING, ( the Reclassification of 196 Parcels in the Princess Anne/Pungo Boroughs.) January 7, 1985 - - 11- Item II -J . 1 RESOLUTION ITEM # 23008 (Continued) Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: None Councilwoman Oberndorf referenced the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION will consider,on January 16, 1985, whether to include the SOUTHEASTERN FREEWAY in the Southeastern Virginia Regional 2000 Highway Study. If the Commission decides to include same, this would become part of the City's MASTER STREET and HIGHWAY PLAN. This has not been considered in the REVISED Comprehensive Land Use Plan. Councilwoman Oberndorf requested the professional planners be aware of same. * The Original Resolution in City Council's AGENDA was replaced by an AMENDED Re- solution delivered by Courier, this in turn was replaced by a further AMENDED Resolution distributed by Councilman Louis Jones in the City Council Meeting. This Resolution was again AMENDED and the FINAL ADOPTED version is hereby made a part of the proceedings. January 7, 1985 - lla - RESOLUTION WHEREAS: It is the duty of the Virginia Beach City Council, under state statute (§15.1-446.1, Code of Virginia), to accompl ish "a coordinated, adjusted and harmonious development of its territory which wi I " in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare of the City's inhabitants"; WHEREAS: In October, 1979, the City Council adopted a Comprehensive Plan pursuant to the aforesaid requirements of the Code of Virginia; WHEREAS: Pursuant to the instructions set forth in the Code of Virginia, §15.1-454, the Comprehensive Plan has been reviewed by the Planning Commission of the City which determined that an amendment of the plan is advisable; WHEREAS: The Planning Commission of the City, after extensive deliberations, has recommended to the City Council that it adopt a new Comprehensive Plan and presented to the City Council for its review a recommended draft dated October 23, 1984; WHEREAS: The recommended new Plan considers one of the most pressing problems before the City to be its rapid growth in a southerly direction into its predominately agricultural area, which growth gives rise to incompatible land uses and strains City resources in the provision of urban infrastructure; WHEREAS: The new Plan considers it essential to provide for orderly transition from rural to urban land use in this area and sets forth a dividing I ine, commonly known as the "Green Line", as the most effective tool to manage this transition; WHEREAS: There is already in existence residential zonings south of the Green Line which are inconsistent with the new Plan's proposals for managing growth and which, if developed, wi I I create some of the very problems to be control led by the Comprehensive Plan, namely, the el imination of incompatible land uses and the timely provision of urban faci I ities and services; WHEREAS: The City Council is highly mindful both of its obi igations to the public to provide for orderly growth within the City and of the rights of private land owners to use and enjoy their land without confiscation and free from discriminatory restrictions; WHEREAS: The publ ic interest and the rights of private land owners south of the Green Line would be served jointly by a land use implementation plan that sets forth a scheduled transition, containing a phased sequence of growth under which the City would provide roads, sewers, water, schools, pol ice and fire protection, and other municipal services required by an urbanized area; WHEREAS: The proposed new Comprehens i ve P an I acks such a p I an of implementation and thereby creates uncertainty and an inabi I ity to inform all interested parties of the future avai labi ity of municipal faci I ities and services south of the Green Line and to make known to the City Council the requirements and the cost of such facilities and services; and, January 7, 1985 - llb - WHEREAS: The time and effort required to prepare such a plan of implementation is beyond the resources currently available within the City and should be performed by a consulting firm with strong credentials and proven performance in the area of land use planning coordinated with detai led analyses of fiscal impact; WHEREFORE, BE IT RESOLVED: That the City Councl I of the City of Virginia Beach hereby amends the Comprehensive Plan dated October, 1979, with the express legislative intent that the Plan shal I be construed as recommending no increase In residential density beyond what is now at lowed by right or conditional use permit under the existing zoning on property south of the Green Line for the next five (5) years. The leg i s at i ve intent expressed here i n sha I be i nc I uded with I n the text the Comprehens i ve Plan. BE IT FURTHER RESOLVED: That the City Counc i hereby requests the City Manager to prepare prompt I y a Request for Proposa for the purpose of hi ring a land use consulting firm to prepare a plan of Implementation for land use south of the Green Line and north of the line of Indian River Road as extended eastward to the At I ant I c Ocean a long the Pr I ncess Anne Borough I Ine from the Pungo Intersection of Indian River Road and Princess Anne Road, with particular attention to the demands upon City faclt Ities and services and the fiscal Impact upon the Capital Improvement Program of the City and for him to provide to Council his recommendation of a firm to conduct the study; and, BE IT FURTHER RESOLVED: That, pend I ng the rece I pt of the recommendat Ions of the consultant to be hired and the adoption of a plan of Implementation by the City Council, which ptan the City Councl anticipates adopting prior to January 1, 1986, It Is the pol Icy of the City Council that for parcels of land larger than five (5) acres the City neither approve any site plan, nor Issue any bui tding permit in any residential development or area where s ite Improvements have not begun as of the date of Resolution In the residentially or commercial Iy zoned land south of the Green Line; and, BE IT FURTHER RESOLVED: That the City Counci I hereby requested the City Manager to submit to It in specific and enumerated form al I recommendations for amending the existing Comprehensive Plan in regard to the entire City. BE IT FURTHER RESOLVED: That the City Attorney Is requested to prepare and forward to City Council on January 14, 1985 an ordinance implementing the pol Icy set forth In this Resolution. Adopted by the City Counci I of the City Virginia, on January 7, 1985. of Virginia Beach, January 7, 1985 - 12 - Item II-J.2 ORDINANCE ITEM # 23009 Upon motion by Councilwoman Oberndorf, seconded by Councilman Fentress, Council ADOPTED an Ordinance to amend and reordain Section 35-6.1 (b) of the Code of the City of Virginia Beach, Virginia, pertaining to PERSONAL PROPERTY TAX on motor vehicles and trailers; proration therof. City The following AMENDMENT shall be added: The City Treasurer will stamp or have printed, when feasible, notification of proration on the application for decal replacement. The City Attorney has deemed this notification legal. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech January 7, 1985 -- - 12a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-6.1(b) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PERSONAL PROPERTY TAX ON MOTOR VEHICLES AND TRAILERS; PRORATION THEREOF. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-6.1(b) of the Code of the City of Virginia Beach, Virginia, pertaining to Personal Property Tax on Motor Vehicles and Trailers; Proration thereof, is hereby amended and reordained to read as follows: Section 35-6.1. Personal Property tax on motor vehicles and trailers; proration thereof. (b) When any taxable property loses its situs within the city or its title is transferred to a new owner, the taxpayer shall from that time be relieved from personal property tax on such taxable property and receive a refund of personal property tax already paid, or a credit toward taxable property newly transferred to the taxpayer, or a credit against personal property taxes outstanding against the taxpayer, at the option of the commissioner of revenue, on a monthly prorated basis, upon application to the commissioner of the revenue, provided that application is made within 6Ae three years from the last day of the tax year during which the taxable property lost situs or had its title transferred. The commissioner of revenue shall make a reasonable effort to ascertain and notify any taxpayer entitled to a prorated refund of personal property taxes pursuant to this subsection. The city treasurer shall stamp or have printed, on the application for a duplicate city decal for new or substitute vehicles as required by section 21-84 of this code, notification to the applicant that he may be entitled to a prorated refund of personal property taxes assessed against any vehicle which he sold or transferred to a new owner. Adopted this 7 day of January , 198 5, by the Council of the City of Virginia Beach, Virginia. APPROVED AS TO CI)ì.';;';t ~. 5IG¡~ATU:;,E MES/re 12/18/84 1/14/85 (ORD H) '-,-..------ : "" I C "l1E-'" :- " r, , ,....7 .. J r: ~ .!¡ --l. . -,- ", , . . ."'.',' . 985crfY .-,~.:;:":y January 7, - 13- Item II-K. CONSENT AGENDA ITEM II 23010 Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City Council APPROVED in ONE MOTION Items 1 through 9 EXCEPT Items 1 and 4 which were voted upon separately. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye January 7, 1985 , I - 14 - Item II-K.l CONSENT AGENDA ITEM /I 23011 Chief Charles Wall spoke concerning this Ordinance and explained the Police Department must currently use a State Felony Code and is requesting a City Misdemeanor Ordinance to make it illegal to solicit for immoral purposes. Assistant City Attorney Randall Blow also referenced the Ordinance as being constitutional and enforceable. Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to amend and reordain Chapter 23 of the City Code by adding Section 23-26.1 to the Code of the City of Virginia Beach, Virginia, pertaining to SOLICITATION FOR IMMORAL PURPOSES. Voting: 10-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Vice Mayor Reba S. McClanan Council Members Absent: None January 7, 1985 I I I I - 14a - AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 23 OF THE CITY CODE BY ADDING SECTION 23-26.1 TO THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO SOLICITATION FOR IMMORAL PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-26.1 of the Code of the City of Virginia Beach, Virginia, is hereby added pertaining to solicitation for immoral purposes and reads as follows: Section 23-26.1. Prostitution and immoral acts; solicitation. Any person, within the limits of the city, who shall solicit another by word, sign, or gesture to commit any act that is lewd, lascivious, indecent or prostitute shall be guilty of soliciting for prostitution or other immoral purposes, which shall be a class 2 misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on this 7 day of ~an~:r~, 198~.5 RMB/da MISC 11/14/84 APPI~C'jm I,':: -r:.) CC':::::'-" ...,----- Sl(~:,.~ '_,ë ___..H_-""-- DC".:~:;':\Et..n r;; &f!j,', :~, ~ (5JfL rYJ,';., "- { January 7, 1985 - 15 - Item II-K.2 CONSENT AGENDA ITEM 1/ 23012 Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate $85,000 to charge-off a loan due from the VIRGINIA BEACH MARITIME HISTORICAL MUSEUM, INC. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye January 7, 1985 - 15a - AN ORDINANCE TO APPROPRIATE $85,000 TO TO CHARGE-OFF A LOAN DUE FROM THE VIRGINIA REACH MARITIME HISTORICAL MUSEUM, INC. WHEREAS, the Virginia Beach Maritime Historical Museum, Inc. has an outstanding liability in principal amount of $85,000 to the City of Virginia Reach as evi- denced by an installment note dated February 24, 1981, and WHEREAS, City Council deems it appropriate to relieve the Museum of repaying this debt, including interest, by charging-off the loan amount. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA REACH, VIRGINIA that $R5,000 be appropriated from the General Fund Balance to charge-off the loan of the Virginia Reach Maritime Historical Museum, Inc. RE IT FURTHER ORDAINED that the City Manager is authorized to return the original note to the Museum. This ordinance shall he in effect from the date of its adopt ion. Adopted by the Coun~il of the City of Virginia Reach, Viq~inia on Janaury day of 7 , 19R.f.5 FIRST REAnING: December 17, 1984 SECOND READING: Januarv 7. 1985 JCM/ORD/33 January 7, 1985 I I - 16 - Item II-K.3 CONSENT AGENDA ITEM 11 23013 Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate $5,500,000 for various engineering and highway projects (REVENUE SHARING ALLOCATION). Voting: 11-0 Council Members Voting Aye: * John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jonesf Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye January 7, 1985 - 16a - AN ORDINANCE APPROPRIATING FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000) FOR VARIOUS ENGINEERING AND HIGHWAY PROJECTS (REVENUE SHARING ALLOCATION) WHEREAS, City Council desires to provide needed engineering and highway projects for the citizens of Virginia Beach, and WHEREAS, it is anticipated that the City will receive from Federal Revenue Sharing $5,500,000 in the sixteenth entitlement period. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds are to be made available under the Revenue Sharing Program (State and Local Fiscal Assistance Act of 1973 amended) for the period of October 1, 1984 through September 30, 1985 be appropriated for the purposes as indicated below: Engineering and Highways $ 5,500,000 This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Reach, Virginia on the 7 day of January FIRST READING: December 17, 1984 SECOND READING: January 7, 1985 , 19W4.5 AFPROVED AS TO CONTENT . 51(,~A TUR[ DEPART'v',ENT V3E:":~w(r CITY /'\1 rO'<N['( January 7, 1985 KAR/2 ORD8 - 17 - Item II-K.4 CONSENT AGENDA ITEM # 23014 Councilwoman Henley referenced the funds requested for positions to the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION in the amount of $289,715. Councilwoman Henley would prefer ADOPTING the Ordinance to appropriate funds totaling $1,573,090 rather than $1,862,805 and vote on the funds for positions through the Budget Appropriations representing the difference of $289,715 for personnel. Councilman Robert Jones also expressed concern for the personnel costs with particular reservations for the funds allocated the Director of the Staff in the amount of $37,000. Councilman Jennings REITERATED his request that the City Manager report to City Council on a ninety-day basis concerning accomplishments of the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION. Upon motion by Councilwoman Creech, seconded by Councilman Robert Jones, City Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds totalling $1,862,805 to implement the IMMEDIATE ACTION PROGRAM as proposed by the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION; however, prior to the employment of any PERSONNEL, the City Manager will review his proposals with the City Council for their FINAL APPROVAL. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 7, 1985 - 17a - AN ORDINANCE TO APPROPRIATE FUNDS TOTALING $1,862,805 TO IMPLEMENT THE IMMEDIATE ACTION PROGRAM AS PROPOSED BY THE VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION WHEREAS, the Initial Report of October 22, 1984 prepared by the Virginia Beach Resort Area Advisory Commission recommended an Immediate Action Program to improve the image of the Resort City, and WHEREAS, the Program called for corr~ctive actions, demonstration projects, and continuing efforts, and WHEREAS, the City Manager and his staff have studied the report and at the request of City Council have determined the financial impact to the City to implement the Pro~ram, and WHEREAS, the Program is estimated to cost $1,862,805 during the remainder of FY1985 and includes the creation of a Resort Advisory Commission, provides for several personnel positions and/or other expen- ditures in several departments of the city and establishes a capital pro- ject for the Resort Area Demonstration projects, and WHEREAS, funding for the Immediate Action Program may be provided from the General Fund Balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $662,805 be appropriated from the General Fund Balance to provide funds to implement the proposals as listed in the Resort Area Advisory Commission's Immediate Action Pro~ram. BE IT FURTHER ORDAINED that nine personnel positions be established with the classification, pay range and placement to be determined by the City Mana~er. BE IT FURTHER ORDAINED that the Resort Area Demonstration Projects are hereby established as a capital project and that funds of $1,200,000 are hereby appropriated from the General Fund Balance for this project. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 7 day of January , 19~~ FIRST READING: December 17, 1984 SECOND READING: January 7. 1985 JCM/ORD/31 APPROVED AS TO CONTENT ~ln¡ATURt January 7, 1985 r::)f\;.~~:/\~Ní A1-t\7\l-.. -'. Þ:'¡~V?~1n I ~ -W 1<1-.-- -\LUJ4fi V ',I'i',.,.,- r-,' . "~""C" - 18 - Item II -K. 5 ITEM /I 23015 Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City Council ADOPTED an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of General Booth Boulevard, to McDONALD CORPORATION, its assigns and successors in title. This Encroachment shall be subject to the following conditions: 1. The owner agrees to remove the encroachment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. A highway permit must be obtained and a bond posted prior to commencing work within the City's right-of-way. 6. No open cut of a public roadway shall be allowed except under extreme circumstances, such exceptions shall be submitted to the Highway Division for final approval. 7. This encroachment shall not be in effect until an agreement has been executed encompassing the above conditions. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye January 7, 1985 ~- -- - 18a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF GENERAL BOOTH BOULEVARD, TO MCDONALD CORPORATION, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the McDonald Corporation, its assigns and successors in title is authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of General Booth Boulevard. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a private 2" PVC sanitary sewer force main to serve a structure located on Parcel 'A' near the intersection of General Booth Boulevard and South Birdneck Road and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as General Booth Boulevard as shown on that certain plat entitled: "PLAT SHOWING PRIVATE FORCE MAIN ENCROACHMENT IN GENERAL BOOTH BOULEVARD RIGHT-OF-WAY," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of McDonald Corporation, its assigns and successors in title and within thirty (30) days after such notice is given, said encroachment shall be removed from the City right-of-way of General Booth Boulevard by the McDonald Corporation and that the McDonald Corporation, its assigns and January 7, 1985 - 18b - successors in title shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the McDonald Corporation, its assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the McDonald Corporation executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virg inia, on the ~ day of January --------' 1985 . MES/re 11/14/84 (29C) APPROVED AS TO COr'HdH 5iGNATL:tè C~P.!>R11-M¡':1 -2- January 7, 1985 - 18c - , . .. .. . ~ NOW OR FORMERLY W. H. GOODWIN CM.B.lðl PG.ð3) 314.88 N86836100 W - 0 0 g z 0 ... t! en ~ -- ',y PARCEL IAI 0.98 AC. S03824'OOIlW le.Be' S 86836100"£ . 2ð9.ISI ~ 0 0 Q) PARCEL IBI 0.77 AC. S 86"3600 E SOUTH BIRDNECK ROAD , PLAT SHOWING PRIVATE FORCE MAIN ENCROACHMENT IN GENERAL BOOTH BLVD. RI GHT OF WAY PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA ~ HOGGARD/EURE ASSOCIATES Suve,as/ Planners/Engineers ' Porlsmou'h. Virgi nia SCALI: - I .. .sOn. 4-84 - 19 - Item II-K.6 CONSENT AGENDA ITEM 11 23016 Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City Council AUTHORIZED the staff to proceed with the design of the COLLECTOR- DISTRIBUTOR SYSTEM as reflected in Alternative II concerning the FERRELL PARKWAY, Phase I-B (CIP 2-936) PROJECT. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. 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'- -.......:. ,--------, ,-- ,~ ' -----.......: -- <it....... - . - ~~.~ ~~, -::> :::<.0 ~ ~~. ~-"", -- ~~. '~ - --- : -.. \ ' I' ',--' - , , ¡'-- ~. :I ~ :n .. ="' ó~ z = w :; ,.. i< ~ ~ c: " w.;. ,.. Õ ...J ~ < ;;: i5 <.> ò " N , \ '- . \ ~ '/ .. .. <.> "' \ " '/^"" ,.....---- - '-::: 1,-' '- -.,/ ..-.... ---- . , ' - , /- / '" , -' "-"",,,/: -..... , '- , , '...."""", '-" ~ ~ r" . J -- ,-' ',,', " // , , - ----....,...; . --- "'~"'/) . , ~ -------- ( , , <) ,.- I ~ , ......--- -------- ~-< . _! ~~'!..é!-,ry .. 7 , 1985 , , - 20 - Item II-K.7 CONSENT AGENDA ITEM II 23017 Upon motion by Councilman Robert Jones, seconded by Concilman McCoy, City Council APPROVED the following BINGO/RAFFLE PERMITS: BINGO/RAFFLE: Kellam Band Parents' Association, Inc. Spina Bifida Association of Tidewater RAFFLE: March of Dimes Birth Defects Foundation Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 7, 1985 - 21 - Item II-K.8 CONSENT AGENDA ITEM # 23018 Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing Tax Refunds upon application of certain persons and upon certification of the Treasurer for payment in the amount of $7,439.06. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones~ Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 7, 1985 - 21a - FORM NO. C.A. 7 12/14/84 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket E xonera- Date Penalty Int. Total Year of Tax Number tion No. Paid Thomas Willcox Jr 85 RE ( 1 /2) 98290-1 11 /7/84 40.00 Thomas Willcox Jr 85 RE (l /2) 98291-0 11 /7/84 40.00 Ethel R Kesler 85 RE ( 1 /2) 49736-6 11/16/84 22.00 Jeffrey L & Ann B Sykes 84 pp 148903-3 5/18/84 94.08 Sambas Restaurant Inc 84 pp 132996-5 6/5/84 3,177 . 60 Nazareth Benevolent & Literary 84 pp 110784- 7 6/5/84 69.00 Total 3,442.68 ~.")':.~w'[~~ a'~ ~~ ..... DEC 17 19M DEPT. OF LAW This ordinance shall be effective from date of adoption. The above abatement(s) totaling $3,442.68 were approved by the Council of the City of Virginia Beach on the-7-- day of ] anuary > . 1985 /-', {~ Ruth Hodges Smith City Clerk January 7, 1985 FORM NO. C.A, 7 - 21b - 12/10/84 EMl. AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid Nazareth literary Inst 83 pp 1 0301 8- 1 8/31/83 91.65 GE Credit Auto lease 82 pp 154389-5 2/3/83 244.32 Robert G Brennan Sr 84 pp 17411-5 6/5/84 111. 00 Eric J Sasser 84 pp 1 33728-8 5/6/84 164.28 Melvin Nobles 84 pp 194359-5 11/13/84 33.53 William T Pouchie 82 PP 150707 -8 3/5/84 75.85 William T Pouchie 83 PP 180216-8 1/5/84 74.59 William J Dilbeck N/A Pkng 1 3182 11 /13/84 20.00 lake Edward North Inc 84 RE(l/2) 49188-0 12/5/83 1,504.58 lake Edward North Inc 84 RE(2/2) 49188-0 6/5/84 1,504.58 Anyce D McCraken 85 RE(l/2) 59060-1 10/30/84 6.00 Anyce D McCraken 85 RE(2/2) 59060-1 10/30/84 6.00 Atti1io & Frances ~iordano 85 RE(1/2) 34380-7 11/2/84 80.00 Atti1io & Frances Giordano 85 RE(2/2) 34380-7 11 /2/84 80.00 ;'.,' , r.~,¡_',... l~, . ".: ¡: \, . . \ t~i',-"'~'~""'." ¡.~ '\1':1:' .o"'.i ll~:",~«, 11 " ~ "",,"v t}ó4 Total 3,996.38 D g~r, 0 t:: i-A \¡V '0 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $3> 996 38 were approved by the Council of the City of Virginia Beach on theL-day of J;ml1;¡ry. 1985 )-- ~ Ruth Hodges Smith City Clerk January 7, 1985 - 22 - Item II-K.9 CONSENT AGENDA ITEM II 23019 Upon motion by Councilman Robert Jones, seconded by Councilman McCoy, City Council ADOPTED Ordinances authorizing License Refunds uþon application of certain persons and upon certification of the Commissioner of the Revenue in the amounts of $9,618.40, $155.67, $184.87, and $1,299.24 for a TOTAL of $11 , 258 . 18. * * This amount had been incorrectly stated in City Council's Agenda as $11 ,248.18. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress~ Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jonest Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye January 7, 1985 ~ FORM NO. C."'. 8 - 22a - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penal ty I nt. Total Bay Mechanical, Inc. 833 Seahawk Circle Va. Beach, VA 23462 1983/84 Audit 1,8R5.92 1,R~5.92 Bonnie Be-Lo Markets, Inc. 4603 Cape Henry Avenue Norfolk, VA 23513 1983/84 Audit 3,169.99 3,16~.?9 Commonwealth Capital Corp. T/A Friday's 2560 Richmond Road Lexington, KY 40509 1983/84 Audit 4,562.49 4,562.49 as to Payment: , Ivan D. Mapp U1P Commissioner of Revenue This ordinance shall be effective from date of adoption. The above abatement(s) totaling $9,618.40 were approved by the Counci I of the City of Virginia Beach on the 7 day of --January ,13 85 Ruth Hodges Smi th City Clerk January 7, 1985 FORM NO. C.A. 8 - 22b - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penal ty I nt. Total D & D Porcelain, Inc. 308 Booty Lane Va. Beach, VA 23451 1983 Audit 20.57 20.57 Expressions, Ltd. T/A Eve's Hallmark Shop 969 Calypso Lane Va. Beach, VA 23454 1983 Audit 96.35 96.35 Latta, Robert R. T/A Robert R. Latta Realty 1206 Laskin Rd., S-lll Va. Beach, VA 23451 1984 9/5/84 38.75 3A.75 cer~ Ivan D. Mapp Commissioner of Revenue Approved as to form: This ordinance shall be effective from date of adoption. Theaboveabatement(s) totaling $155.67 were approved by the Counci I of the City of Virginia Beach on the 7 day of January ,13 85 Ruth Hodges Smi th City Clerk January 7, 1985 - 22c - FORM NO. C.A. 8 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penal ty Int. Total Medical Weight Control & Guidance System, Inc. 138 Suffolk Plaza, #B Suffolk, VA 23434-4337 1982/83 Audit 109.12 10~.12 , Tavaso1bagheri, Reza T/AImport Auto Sales P. O. Box 61470 Va. Beach, VA 23462 1984 11/19/84 51.75 51.75 Weeks, Richard G. T/A Enhance Realty 6095 E. Indian River Rd., S-203 Va. Beach, VA 23464 1983 Audit 24.00 24.00 Certified as to Payment: Ivan D. Mapp Commissioner of Revenue This ordinance shall be effective from date of adoption. The above abatement(s) totaling $184.87 ;) It'; were approved by the Counci I of the City of Virginia Beach on the 7 day of January ,H 85 Ruth Hodges Smi th City Clerk January. 7, 1985 FORM NO. C.". 8 - 22d - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: ,- License Date Base Penal ty Int. Total Year Paid Center, Inc, 1984 Audit 1,299.24 1,299.24 NAME Worth's Bayside Service T/A Bayside American 5724 Cheyenne Circle Va. Beach, VA 23462 Ivan D. Mapp Commissioner of Revenue This ordinance shall be effective from date of adoption. T he above abatement( s) total i ng $1, 299 . 24 of the City of Virginia Beach on the were approved by the Counci I 7 January ,13 85 day of Ruth Hodges Smi th City Clerk ..,--. January 7, 1985 1- .... I - 23 - Item II-L.l UNFINISHED BUSINESS ITEM II 23020 LANIER BUSINESS PRODUCTS,INC./ DICTAPHONE, INC. ADD-ON Councilmen Jennings and Robert Jones met on Friday, January 4, 1985, in Councilman Jones' office with representatives from LANIER BUSINESS PRODUCTS, INC., AND DICTAPHONE, INC. Councilmen Jennings and Robert Jones had been appointed by Mayor Heischober as a Committee to evaluate the proposals for "THOUGHT PROCESSING" in the City Clerk's Office and make recommendations to City Council. By CONSENSUS, City Council AGREED to a 30-Day TRIAL BASIS on each of the LANIER/DICTAPHONE "THOUGHT PROCESSING" Equipment with "NO CHARGE and "NO OBLIGATION" on the part of the City. January 7, 1985 - 24 - Item II-L.2 UNFINISHED BUSINESS ITEM # 23021 SANDBRIDGE SHORELINE PROTECTION GROUP ADD-ON Councilwoman Henley referenced on December 10, 1984, she distributed copies of a letter received from Jack Bailey, SANDBRIDGE SHORELINE PROTECTION GROUP, concerning preservation and restoration of the beach and dunes in the 3500 block of Sandfiddler Road. The City Manager and the City Attorney had replied to this Group's requests and copies were forwarded to Mr. Bailey. The staff had determined the requests were beyond the City's authority. Councilwoman Henley requested the City continue to have open com- munication with this group and others throughout the City in the event there does become a viable alternative available. With Council's know- ledge and permission, Councilwoman Henley requested to meet with these various groups in order that the Council may stay informed of their investigations. January 7, 1985 - 25 - Item II-M.l NEW BUSINESS ITEM II 23022 LEGAL HOLIDAY Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City Council CANCELLED the Regular City Council Meeting of February 18, 1985, as same is a LEGAL HOLIDAY. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 7, 1985 - 26 - Item II-M.2 NEW BUSINESS ITEM # 23023 CHRISTIAN BROADCASTING NETWORK Roy Mendelsohn, Director of Construction Services, represented the applicant CHRISTIAN BROADCASTING NETWORK had requested a WAIVER of a condition in the approval of a Conditional Use Permit on January 16, 1984 by City Council (STUDENT HOUSING). The City Council ADOPTED the Ordinance upon application of CBN for a Conditional Use Permit for STUDENT HOUSING subject to a total of 200 units. CBN is now requesting the number of units be increased to 224. The City Manager distributed copies of a site plan totaling 104.61 acres. and referenced the Conditional Use Permit only applied to the 19.89 acre tract. Robert Scott, Director of Planning, referenced the original request was for 1200 units on the property, but was reduced to 200. Councilwoman Henley requested the entire MASTER PLAN of the CHRISTIAN BROAD- CASTING NETWORK be presented to City Council when this CONSIDERATION comes back to City Council. The Mayor requested a VERBATIM to determine if the applicant or the City proffered the 200 units. Councilman Louis Jones requested the applicant advise whether they are asking for an increase of 24 units on this parcel with no decrease anywhere else on the property. Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council SCHEDULED CONSIDERATION on February 4, 1985, request of CHRISTIAN BROADCASTING NETWORK for a WAIVER of a condition in the approval of a Conditonal Use Permit ( ADOPTED by City Council on January 16, 1984) Voting: 8-3 Council Members Voting Aye: Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Nancy A. Creech, and Vice Mayor Reba S. McClanan Cuncil Members Absent: None January 7, 1985 - 27 - Item II-M.3 NEW BUSINESS ITEM II 23024 URANIUM MINING MORATORIUM ADD-ON Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings, Council ADOPTED a RESOLUTION unanimously supporting and endorsing the imposition of an indefinite MORATORIUM on Uranium Mining and Milling in the Commonwealth of Virginia. City The City's representatives in the GENERAL ASSEMBLY will be advised and forwarded a copy of said Resolution by the City Clerk. Councilwoman Oberndorf distributed a list of Uranium Resolutions in alphabetical and date order (said list is hereby made a part of the record). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 7, 1985 - 27a - Requested by Councilwoman Meyera E. Oberndorf RES 0 L UTI 0 N WHEREAS, the subject of uranium mining and milling has created extensive study and discussion throughout the Commonwealth of Virginia over the past four years, and; WHEREAS, the Uranium Sub-committee of the Coal and Energy Commission, the Uranium Administrative Group and the Uranium Task Force have studied and commissioned extensive studies on the matter, and; WHEREAS, significant environmental, economic, social and political questions have not been fully addressed, and; WHEREAS, the Council of the City of Virginia Beach, Virginia, has voiced its opinion on this issue concerning the environmental concerns, and; WHEREAS, legislation before the 1985 General Assembly is pending to allow uranium mining and milling in Virginia; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia, that it unanimously supports and endorses the imposition of an indefinite moratorium on uranium mining and milling in the Commonwealth of Virginia; FURTHER, BE IT RESOLVED that the City Council requests its General Assembly representatives to introduce such legislation and encourages others to support the indefinite uranium mining and milling moratorium. ADOPTED: January 7, 1985 January 7, 1985 - 28 - Item II-M.4 NEW BUSINESS ITEM # 23025 OFFERING STATEMENT BOND ISSUE HUNTON & WILLIAMS ADD-ON Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City Council ADOPTED a Resolution authorizing and directing the City Manage~ in collaboration with the City's financial advisors, to complete the Preliminary Official Statement for the offering of sale of PUBLIC IMPROVEMENT BONDS and WATER AND SEWER BONDS and provide for its distribution to prospective bidders on the bonds. The City Manager, in collaboration with the City's Financial Advisors, is hereby authorized and directed to prepare and distribute to prospective bidders on the bonds a NOTICE OF SALE. A SPECIAL MEETING of CITY COUNCIL will be held at 1:00 p.m. on January 23, 1985, to receive BIDS on the sale of PUBLIC IMPROVEMENT BONDS and WATER AND SEWER BONDS. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 7, 1985 - 28a - RESOLUTION WHEREAS, the Ci ty of Virginia Beach proposes to sell $21,230,000 of the $21,400,000 public improvement bonds authorized by ordinance adopted on December 10, 1984, and $6,240,000 of the unissued balance of $46,000,000 water and sewer bonds authorized by ordinance adopted on August 27, 1980, and approved at an election on November 4, 1980; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The printer's proof dated January 4, 1985, copies of which have been provided each member of the Council, is hereby approved as the form of the Preliminary Official Statement for the offering of the bonds. The City Manager, in collaboration with the city's financial advisors, is hereby authorized and directed to complete the Preliminary Official Statement and provide for its distribution to prospective bidders on the bonds. 2. The City Manager, in collaboration with the city's financial advisors, is hereby authorized and directed to prepare and distribute to prospective bidders on the bonds a Notice of Sale in form similar to notices used for prior city bond issues. Adopted by the Council of the City of Virginia Beach on the -~-- day of Tanuar¥---___--------------------- --' 19_~~_. January 7, 1985 - 29 - Item II-M.5 NEW BUSINESS ITEM 11 23026 INTRODUCTION OF ASSISTANT CITY MANAGERS ADD-ON The City Manager INTRODUCED to City Council: Edgar Dean Block Assistant City Manager for Analysis and Evaluation Hector A. Rivera Assistant City Manager for Human Services Their Appointments were effective January 1, 1985. January 7, 1985 - 30 - Item II-N.l APPOINTEE EVALUATION ITEM # 23027 Upn motion by Councilman McCoy, seconded by Councilman Baum, City Council DEFERRED EVALUATION of the CITY MANAGER and the CITY CLERK until the Council Meeting of January 14, 1985; AND, DEFERRED EVALUATION of the CITY ATTORNEY AND CITY REAL ESTATE ASSESSOR until the Council Meeting of January 21, 1985. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None January 7, 1985 - 31 - Item II-O.l ADJOURNMENT ITEM II 23028 Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADJOURNED the meeting at 6:10 p.m. Voting: ll-O~~ Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None ~~ ¿J /'/~ Beverly. Hooks Chief Deputy City Clerk ) '! ~ ".f ~/ ~ u h Hodges Smi , CMC City Clerk jJ '\ / ~ / ') /) /' / i II ,- '1 './/¡ /' \ í / Y / !cJ/;if/v (/' ¿¿;1(1411/1/ Mayor arold Heischober City of Virginia Beach Virginia /bh *VERBAL VOTE January 7, 1985