JANUARY 17, 1983 MINUTES
@it C)f
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. JONES, B.y@id. B .... gb
VICE-MAYOR BARBARA M. HENLEY, P..8. B.,..gb
JOHN A. BAUM, Bi.@k..u, B.@.gb
NANCY A. CREECH. At L.,g.
HAROLD IIEISCHOBER, At L.,g@
H. JACK JENNIN(;S. JR., Ly..b.... B.,..gb
ROBERT G. JONES, At L.,g@
W. 11. KITCHIN, Ill, Vigi.i. B,.@b
REBA S. hl,CLANAN, P,i.@,@@ A.@@ B.,..gb 212 CITY HALL BUILDING
J. HENRY hicCOY, JR.. Bo,.@gb MUNICIPAL CENTER
MEYERA E. OBERNDORF, Al L.,g@ VIRGINIA BEACH, VIRGINIA 23456
RUTH HODGES SMITH. CMC, City Cl@lk (804) 427-4 303
CITY COUNCIL AGENDA
January 17, 1983
ITEM I INFORMAL SESSION: 12.,30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COU-NCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for diSCUSSion by Mayok.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. Review of Consent Agetda.
2. Review of Planning Items.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Lawrence J. Reesman III
Bayside Ch@istian United Church of Christ
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS NEETING:
1. Motion to accept/approve the Minutes of January 10, 1983.
E. PRESENTATIONS
1. Resolutions of Appreciation
a. Herman R. Bdnney - Planning Commission
b. Curtis R. Catron - Planning Commission
c. Milton T. Holland - Planning Commission
d. Leland M. Hood - School Board
2. Resolution in Recognition
a. William Henry "DJ" Dozier, III
F. 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. There will be nb separate
discussion of these items. If discussion is desired, that item
will be removed from the Consent Agetida and considered separately.
1. Resolution of Appreciation to Herman R. Bonney.
2. Resolution of Appreciation to Curtis R. Catron.
3. Resolu@ion of Appreciation to Milton T. Holland.
4. Resolut'lon of Appreciation to Leland M. Hood.
5. Resolution in Recognition to William Henry "DJ" Dozier,
iii.
6. Resolution urging the General Assembly to adopt an
amendment to Section 35.1-9 of the Code of Virginia
so as to allow localities to regulate by ordinance
the keeping of guest registers by hotels and the
display of signs which advertise hotel accommodations.
ITEM II F. CONSENT AGENDA (Cont'd)
7. Ordinance, on FIRST READING, to decrease the Pendleton
Child Service Center appropriation by $87,499 and to
accept $11,560 in grant awards.
8. Ordinance, on FIRST READING, to accept and appropriate
additional funds of $2,000 for the Clean Community
System Program.
9. Ordinance to transfer funds of $33,000 within the
Department of Public Works and $10,200 within the
Department of Public Utilities to provide for the use
of temporary labor services.
10. Low bid of Southern National Leasing for an Annual
Percentage Rate of 10.48 for the lease/purchase of
four word processing units for the Department of
Finance/Purchasing Division; AND, authorize the
City Manager to enter into the necessary financial
agreement.
11. Low bi'd of Roof Engineering Corporation, in the amount
of $32,992.00, for the Building Maintenance Headquarters
Expansion/Roof; AND, authorize the City Manager to enter
into the necei3sary agreements for the implementation of
this project. (On Dece@ber 6, 1982, City Council voted
to reject all@bids and readverti@e this item.)
12. Low bid of A & W Contractors, Inc., in the amount of
$114,835.75, for the North Virginia Beach Sanitary
Sewerage System and Water Line; AND, authorize the City
Manager to enter into the necessary agreements for the
implementation of this project.
13. Bingo/Raffle Permits:
Back Bay Wildfowl Guild, Inc. Raffle
Phi Theta Kappa Raffle
Cox High School Booster Club Raffle
St. Gregory's Men's Club Bingo/Raffle
14. Request of the City Treasurer for tax refunds in the
amount of $439.26.
G. PLANNING ITEMS
1. Ordinance closing, vacating and discontinuing a 15 foot
lane in the petition of William V. and Dorothy P. Dowding
and William H. Thumel, Jr. (Lvnnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for approval.
2. EXPEDITED: Application of Cavalier Hotel Corporation for
a change of zoning from H-2 Resort Hotel District to 0-1
Office D s@t ict on a 13,400 square foot parcel located on
the east side of Holly Road (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for roval.
ITEM II G. PIANNING ITEMS @Cont'd)
3. EXPEDITED: Application of Charles 'R. Capps for a
conditional use permit for a sinple family dwelling
on a 4.075-acre parcel located east of Morris Neck
Road and south of Mill Landing Road (Pungo Borough).
A. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. EXPEDITED: Application of Faith Fellowship Church
for a conditional use permit for a churcb on a 38,115
square foot parce@io ated on the north side of
Virginia Beach Boulevard, 280 feet west of Caren Drive
(Lynnh@ven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Coumission
for approval.
5. Application of Christ Gospel Church for a conditional
use permit for church on a .9-acre parcel located
along the west side of Indian River Road, south of
Kempsville Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for al)proval.
6. Application of Texaco, Inc. for a conditional use permit
for a self-se ce Zas @ar, car wash, and convenience
food to@re o-n a 1.15-acre parcel located at the southwest
o@rne@of Indian River and Kempsville Roads (Kempsville
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Applic@tion of Hubert and Mary VanHoy for a change of
zoning from R-CRe-sid n@tia7l Dis@rict to B-2 C ty-
Business District on a 1.44-acre parcel located along
the south side of Indian River Road,- west of Kempsville
Road (Kempsville Borougb).
a. Letter from the City Maiiager transmits the
recommendation of the Planning Commission
for approval.
H. APPOINTMENTS
1. Board of Building Code Appeals (Board of Appeals)
I. UNFINISHED BUSINESS
ITEM II J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to adjoum.
f
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 17, 1983
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Louis R. Jones, in the
Conference Room, City Hall Building, on Monday, January 17, 1983,
at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Harold Heischober and Reba S. McClanan
- 2 -
ITEM # 19334
Mayor Jones entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant
to the exemptions from opening meetings allowed by Section 2.1-344
Code of Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration
of employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration
of the condition, 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
instituion which could affect the value of property
owned or desirable for ownership by such institution.
3. PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning
a prospective business or industry where no previous
announcement has been made to the business' of industry's
interest in locating in the community.
4. LEGAL MATTERS: Consultation with legal Counsel or
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 Councilwoman Creech, seconded by Councilman Jones,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., @layor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, J.
Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
- 3 -
M A T T E R S B Y T H E M A Y 0 R
VIRGINIA MUNICIPAL LEAGUE ITEM # 19335
Mayor Jones advised Council the Virginia Municipal League will
hold a one-day conference on February 2, 1983, at 10:30 a.m.,
at the John Marshall Hotel: VML Legislative Day.
The Mayor's Office has the necessary forms and information
concerning the conference.
DRAINAGE DISCUSSION ITEM # 19336
Mayor Jones asked the City Attorney if his letter on the Drainage
Study was for discussion in the INFORMAL SESSION or EXECUTIVE
SESSION?
The City Attorney advised the letter was for informational
purposes only.
BID ON FRANCIS LAND HOUSE ITEM # 19337
Councilwoman Creech advised the Bid Opening for use of the
Francis Land House will be on February 28, 1983. Bids have
been received not only from commercially-oriented developers,
but also from non-profit organizations and Council of Civic
Organizations, etc.
SECTION 35.1-9/GUEST REGISTERS ITEM # 19338
Councilman Kitchin made reference to two letters from Councilman
Heischober and Councilwoman McClanan concerning Item II-F.6 on the
CONSENT AGENDA:
Resolution urging the General Assembly to
adopt an amendment to Section 35.1-9 of the
Code of Virginia so as to allow localities
to regulate by Ordinance the keeping of
guest registers by hotels and to display
signs which advertise hotel accommodations.
Memoranda from Council Members McClanan and Heischober hereto made a
part of these proceedings.
-3a-
17 Jan=ty 1983
HONORABLE MAYOR
FELLOW MEMBERS OF CITY COUNCIL
RE: CONSENT AGENDA Item No. 6.
Ruo@on Ukging the Gen@ A6,6embty to adopt an
amen&nent to Section 35.1-9 o6 the Code o6 Vikginia
zo a6 to auow to e6 to tegu&te by otdinance
the keeping o6 guezt tegi,6teu by hot@ and the
dizp&y o6.6igns which adv@e hotet accommodations.
(Januaky 17, 1993).
Fix6t, tet me .6ay that T -teg)Let I cannot be. with you today due to a
pe&zonat-bu,6ine,6.6 mattet which I witt .6hake with you at a tatea date.
I have deepte,6etvation6 concexning the above )Le6e&enced Item No.6
being ptaced on the CONSENT AGENDA without any @ox dizcu,6,sion.
I jeet that the phieozophicat po4ition taken by an item o6 thi-6 akgument
wiU be zu4iicientty invotved with the veay e o6 ouA Fxeedom o6 TAade
activity vwu.6 the p,%opoxted and mizdee@ and that Membeu o6 City
Councit .6houZd give staong con6id@on be6oxe it invotvez it6et6 with
any action that woutd xe,6 ox xes any tLade andlot commeace.
Fox tho-6e xeazon6, I woutd hope that in the wi.6dom o6 Councit, you
witt .6ee 6it to DEFER thi6 item untit a gxeate& indepth ztudy and phitozophicat
exchange o6 ideaz can be hetd.
Ha,Lotd Hei,6chobet
Councit MembeA
RHS:bh
cc: Thomos H. Muehtenbeck, City Manage,%
J. DaZe 8@on, City Attotne
Ruth Hodge,6 Sm@, City Ctetg
-3b-
17 Janua&y 1983
HONORABLE MAYOR
FELLOW MEMBEPS OF CITY COUNCIL
I am conceaned about Item No. 6 on the CONSENT AGENDA 6ot today,
Jan=ty 17, 1983: Amen&nent To V@inia Code Section 35.1-9.
It iz my be?-ie6 that white the intent o@ the-6ugge,6ted change may
be wetf- ptaced, the obviou,6 )Le6utt witt not be in the best intete6t o@ the
Councit ot the City oveaatt.
The tuto)Lation o6 Ftee Entet@e and the xeg@on6 o6 competitive
adv@ing ate veay seaio" i,6zuez today, paLti y in the tight o6 the
BoutdeA Deci6ion a.6 wett as othea de@io" zince that time.
White I can undeutand those peopte who ate conceaned about the
and-Switch tactic6l I 6eet thiz can bezt be addAe6,sed @ough highe& tegi6-
@on )Leg@ng 6&=d. The O@nance which we have had, and which w"
de@ed inv", woutd )Leq@e a zign a-s b@ az the J)Lont o6 a hotet to
put att the injoAnat-ionteq@ed.
I think the next que,6tion we might "k is whethe,% the Memb@ o6 City
CounciP- intend to )Legueate the sign6 po-6ted 6o)L p t6, doctou, @y@,
accountantz, amu6ement centexz, t=ndLomat6, et ceteaa.
I woutd 4impty a6k that City CounciZ teview thi6 tegi-s@on veay, veay
ca,te6utty and be hezitant to take any action teq any Amendment to the
State Code ot tocatty without due detib@on and coae.
Reba S. McCtanan
Counc-it MembeA
RHS:bh
cc: City ManageA Thoma.6 H. Mueheenbeck
City Attotney J. Date Bimzon
City CteAk Ruth Hodgez Smith
-4 -
ATLANTIC AVENUE BEAUTIFICATION ITEM # 19339
Councilman Kitchin asked the City Manager when meetings were to
be held concerning the Beautification of Atlantic Avenue?
The City Manager advised the "script" has been prepared and
meetings have been scheduled:
ATLANTIC AVENUE BEAUTIFICATION
Public Meetings
February 8 7:00 p.m. Municipal Center, Council Chambers
February 15 7:00 p.m. Kempsville Junior High
February 17 7:00 p.m. John B. Dey Elementary School*
February 22 7:00 p.m. Independence Junior High
CIVIC ORGANIZATIONS
January 20 - 3:00 p.m. Virginia Beach Chamber of Commerce
Executive Board
Chamber Offices
January 26 - 7:30 p.m. Hilltop Kiwanis
Regal Deli
February 1 - 7:30 p.m. Old Virginia Beach Civic League
United Methodist Church
February 22 - 2:00 p.m. Tourist Bureau, Restaurant Association
Pavilion
LAKE GASTON ITEM # 19340
Mayor Jones advised Council that the Council of Civic Organization
(Virginia Beach) has endorsed Lake Gaston as the City's alternate
Water Source. The endorsement came during their meeting of
January 12, 1983.
*Rescheduled to Cox High School
- 5 -
ABSENTEE LANDLORD ITEM # 19341
Councilman Kitchin advised he attended the Lynnhaven Advisory
Council's breakfast and a question was raised concerning
Absentee Ownership of Rental Property.
Councilman Kitchin requested the City Attorney to study the State
Legislation on Landlord/Tenant Act to see if the City could put
a "little more teeth" in our ordinances concerning this matter.
CONFLICT OF INTEREST ITEM # 19342
Councilman Jones made reference to a letter from Commonwealth
Attorney Paul Sciortino concerning Conflict of Interest stateinents
to be filed this month (January, 1983).
Mayor Jones advised the City Attorney would discuss this matter
during the EXECUTIVE SESSION.
C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S
COMPREHENSIVE PLAN ITEM # 19343
The City Manager advised Council of a memorandum from the Planning
Director concerning a Briefing for the Planning Commission on the
Comprehensive Plan has been scheduled for Wednesday, January 19,
1983, 7:00 p.m., in the Planning Department Conference Room. The
City Council is invited to attend and review the current Plan,
including the principles behind it, wbat it is intended to
accomplish and provide suggestions on what can be done in the
months ahead in the interest of revising the Plan during 1983.
DINNER/GENERAL ASSEMBLY ITEM # 19344
The City Manager advised Council of a letter received from Delegate
Owen B. Pickett inviting City Council to have dinner with the
General Assembly on either January 26 or February 2 at 6:00 p.m.,
in Richmond, Virginia.
It was the consensus of Council that they would meet with the
General Assembly on February 2, 1983.
- 6 -
GENERAL ASSEMBLY IN SESSION ITEM # 19345
The City Manager advised the General Assembly is in Session and
he is now receiving the "Legislative Bulletin" which will be
forwarded to Council "from time-to-time".
The City Manager advised he received information that in the
Governor's proposed FY 1984 State Budget regarding State Aid
to Education, Virginia Beach was to receive $5.4-Million, but
will be reduced approximately $1.6-Million. State Aid for
Law Enforcement will be receiving approximately $90,000 less
in FY 1983 and approximately $362,000 less than anticipated
in FY 1984.
REVIEW OF CONSENT AGENDA ITEM # 19346
Councilwoman Oberndorf requested information concerning II-F.11,
low bid of Roof Engineering Corporation, in the amount of $32,992
for the Building Maintenance Headquarters Expansion/Roof, and asked
why it was still $8,992 over the estimate?
The City Manager advised Council that the estimate was prepared
approximately three (3) years ago and noted more "timely estimates"
will be provided Council in the future.
Councilwoman Creech advised she has several concerns regarding
II-F.6, Resolution urging the General Assembly to adopt an
amendment to Section 35.1-9 of the Code of Virginia so as to
allow localities to regulate by Ordinance the keeping of guest
registers by hotels and the display of signs which advertise
hotel accommodations; and made reference to a letter from
Councilman Heischober and a letter from Councilwoman McClanan
on this matter.
Councilman Jennings advised he would "like to see the Resolution
deferred for thirty (30) days".
Mayor Jones made reference to II-F.7, Ordinance on first reading
to decrease the Pendleton Child Service Center appropriation by
$87,499 and to accept $11,560 in Grant awards and asked the
City Manager if he investigated the matter of the City of
Chesapeake making an additional appropriation of $15,000 to the
Center.
The City Manager advised he discussed this with Cheryl Johnston,
Director, Pendleton Child Service Center, who was not aware of
any additional contributions.
Councilman Jones requested information on II-F.10, low bid of
Southern National Leasing for an Annual Percentage Rate of
10.48% for the lease/purchase of four word processing units
for the Department of Finance/Purchasing Division, as to what
is actually being purchased for $77,500.
The City Manager advised the word processing equipment was from
CPT, Inc., as the Purchasing Division wished to remain compatible
with the Finance Department, wbich has several CPT word processors.
- 7 -
Councilwoman Oberndorf commended the City Manager, the Director
of Public Works and the Director of Public Utilities for the
pilot program of utilizing the temporary labor force.
REVIEW OF PLANNING ITEMS ITEM # 19347
Vice Mayor Henley advised on the Planning Agenda, Item II-G.2,
application of Cavalier Hotel Corporation for a change of zoning
from H-2 Hotel-Resort District to 0-1 Office District, the "work
up" from the Staff included an additional requirement
A 10-foot dedication along the frontage on Holly
Road, 25-feet from the centerline of the old 30-
foot right-of-way to provide for an ultimate 50-
foot standard right-of-way.
which was omitted from the City Manager's letter.
The City Manager advised he will investigate the matter, but the
requirement was to remain in the application.
I
Mayor Jones advised Council will be using a new procedure with
the Planning Items. Council will consider all Planning Items
recommended for approval by the Planning Commission, which has
no opposition registered first. Any of these items upon which
rePresentatives request modifications to the application or the
Planning Commission recommendation, will be moved to the end of the
Planning Items Agenda.
City Council recessed into EXECUTIVE SESSION, (1:30 p.m.)
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
17 January 1983
2:30 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr.* @layor Louis R.
ion6s, Robert C. Jonesl W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Harold Heischober, and Reba S. McClanan
INVOCATION: Reverend Lawrence J. Reesman, Ill
Bayside Christian United Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN JENNINGS VOICED A VERBAL "PRESENT"
*COUNCILMAN JONES VOICED A VERBAL "PRESENT"
- 9 -
M I N U T E S
ITEM II-D.1 ITEM # 19348
Upon motion by Councilwoman Oberndorf, seconded by Councilman
McCoy, City Council voted to APPROVE the Minutes of the Regular
Meeting of January 10, 1983.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
-10-
P R E S E N T A T I 0 N S
ITEM II-E.2a ITEM # 19349
THIS MATTER WAS BROUGHT FORWARD ON THE AGENDA
Mayor Jones read the Resolution in recognition of William Henry
"DJ" Do.i.r, III, for his athletic achievement and pay tribute
to him for his role in bringing national recognition to the City
and the Commonwealth of Virginia by his being selected a Runniiig-
Back on Parade Magazine's 20th Annual All-American High School
Football Team.
The following also appeared with "DJ":
Mr. and Mrs. William H. Dozier, Jr.
Coach Ralph Gahagan
Mr. Caldwell, School Official
Katie Reilly, Guidence Counsellor
Garland Payne, representing Parks and
Recreation Commission
ITEM II-E.2b-d ITEM # 19350
Mayor Jones read the following Resolutions of Appreciation:
HERMAN R. BONNEY - PLANNING COMMISSION*
(1963-1982)
CURTIS R. CATRON - PLANNING COMMISSION
(1978-1982)
MTLTON T. HOLLAND - PLANNING COMMISSION*
(1978-1982)
LELAND M. HOOD - SCHOOL BOARD
(1970-1982)
*Resolutions will be personally delivered to Mr. Bonney and Mr.
Holland.
- I I -
C 0 N S E N T A G E N D A
ITEM II-F ITEM # 19351
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the CONSENT AGENDA by ONE MOTION with the
exception of II-F.6 which will be considered separately.
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
- 1 2 -
ITEM II-F.2/3/4/5 ITEM # 19352
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to ADOPT the Resolutions of Appreciation:
Herman R. Bonney
Curtis R. Catron
William Henry "DJ" Dozier, III
Milton T. Holland
Leland M. Hood
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, W.
H. Kitchin, III, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
- 13 -
RESOLUTION OF APPRECIATION
TO
HEPMAN R. BDNNEY
WHEREAS, Herman R. Bonney has served as a member of the
Planning Co=ission from 1963 thru 1982; and
WHEREAS, Herman R. Bonney has served wittingzy and
untiringly in behatf of the City of Virginia B?ach; and
WHEREAS, his dedication and unsezfish service invotved
personat sacrifices and inconveniences, not onzy to him, but
frequentZy to his famity and/or business; and,
WHEREAS, we trust he reazized satisfaction in success-
fuZZy administering in his advisory capacity not onty to City
Councit, but to the citizens of this fast grooing metropotis.
NOW, THEREFORE, LE IT RESOLVED: That the Virginia
Beach City Councit recognizes this record of nineteen (19) years
of distinguished service in publicty expressing its sincere
gratitude for his contribution of time, energy and intellect.
LE IT FURTHER RESOLVED: That this Resolution of
Appreciation be made a part of the proceed?@,ngs of the Format
Session of City Council this Seventeenth day of January, 1983, in
the City of Virginia R?ach, Virginia.
Given under my hand and seat this
Seventeenth day of January,
Nineteen Rundred and Eighty-Three.
Mayor
-13a-
RESOLUTION OF APPRECIATION
TO
CURTIS R. CATRON
WHEREAS, Curtis R. Catron has served as a member of the
PZanning Cormission from 1978 thru 1982; and
WHEREAS, Curtis R. Catron has served wittingly and
untiringty in behatf of the City of Virginia Beach; and
WHEREAS, his dedication and unselfish service invotved
personat sacrifices and inconveniences, not onzy to him, but
frequentty to his famizy andlor business; and,
WHEREAS, we trust he realized satisfaction in success-
fuZty administering in his advisory capacity not only to City
Councit, but to the citizens of this fast growing metropozis.
NOW, THEREFORE, EE IT RESOLVED: That the Virginia
@ach City CounciL recognizes this record of four (4) years
of distinguished service in publicly expressing its sincere
gratitude for his contribution of time, energy and intezzect.
LE IT FURTHER RESOLVED: That this Resotution of
Appreciation be made a part of the proceedings of the Formal
Session of City Councit this Seventeenth day'of January, 1983, in
the City of Virginia @ach, Virginia.
Given under my hand and seal this
Seventeenth day of 7anuary,
Nineteen Hundred and Eighty-Three.
Mayor
-13b-
RESOLUTION OF APPRECIATION
TO
MILTON T. HOLLAND
WHEREAS, Mitton T. Hottand has served as a member of the
Planning Cor=ission from 1978 thru 1982; and
WHEREAS, Milton T. Hotland has served willingly and
untiringty in behalf of the City of Virginia Beach; and
WHEREAS, his dedication and unselfish service invotved
personat sacrifices and inconveniences, not onzy to him, but
frequentZy to his famity and/or business; and,
W.TIEREAS, we trust he reatized satisfaction in success-
fuZZy administering in his advisory capacity not onzy to City
CounciZ, but to the citizens of this fast growing metropotis.
NOW, THFREFORE, ZE IT RESOLVED: That the Virginia
B?ach City Councit recognizes this record of four (4) years
of distinguished service in publicty expressing its sincere
gratitude for his contribution of time, energy and intettect.
EE IT FURTHER RESOLVED: That this ResoZution of
Appreciation be made a part of the proceedings of the Format
Session of City Councit this Seventeenth day of January, 1983, in
the City of Virginia Beach, Virginia.
Given under my hand and seaz this
Seventeenth day of January,
Nineteen Hundred and Eighty-Three.
Mayor
- 14 -
RESOLUTION OF APPRECIATION
TO
LELAND M. HOOD
WHEREAS, Letand M. Hood has served as a member of the
School Board from 1970 thru 1982; and
WHEREAS, Leland M. flood has served wittingty and
untiringty in behatf of the City of Virainia Beach; and
WHEREAS, his dedication and unselfish service involved
personal sacrifices and inconveniences, not only to him, but
frequentZy to his family and/or business; and,
WHEREAS, we trust he reazized satisfaction in success-
fulty administering in his advisory capacity not onzy to City
Councit, but to the citizens of this fast growing metropotis.
NOW, THEREFORE, ZE IT RESOLVED: That the Virginia
@ach City CounciL recognizes this record of twelve (12) years
of distinguished service in publicty expressing its sincere
gratitude for his contribution of time, energy and intezzect.
LE IT FURTHER RESOLVED: That this.Resotution of
Appreciation be made a part of the proceedings of the Formaz
Session of City Councit this Seventeenth day of 7anuary, 1983, in
the City of virginia B?ach, Virginia.
Given under PW hand and seat this
Seventeenth day of January,
Nineteen Hundred and Eighty-Three.
Mayor
- 1 5 -
RESOLUTION IN RFCOGNITION
WILLIAM HENRY DOZIER III
WHEREAS: Internationalty, sports competition is no tonger individuats
competing with individuals as teams to win a game--but rather, individuats
mastering their own skilts, physicat strength and stamina to excet and represent
their team in Att-American events;
WHEREAS: Parade Magazine annually setects athtetes from @igh Schools
from aZZ across the United States and recently selected sixty Seniors as PARADE'S
20th ANNUAL ALL-AMERICAN HrcH SCHOOL FOOTBALL TRAM;
WHEREAS: "DJI' Dozier, a Senior at Kempsvilte High School, son of Mr.
and Mrs. Witliam H. Dozier, Jr., is a Virginia Lleach resident and the only
Virginia representative on Parade's AZZ-American Team, was selected as one of
sixteen Running-Bzcks. "Dill did not win this fame easity. At the earty age of
nine years, he began getting serious about footbatt. His skitl and his name are
patterned after a simitar famous name. 0. J. Simpson, and his outstanding career,
through e@te, has put him near the top of most major-college recruiting tists.
The prestigious "Who's who in CoLLege Football Recruiting" lists Dozier as the.
Number one running-back prospect in the country. He is the most highly sought
pLayer in this area since 1976. His coach, Ralph Cahagan, says "Dozier has
beaten the pressure ... with att the pubticity and attention, he is still the same
kid that he's azways been ... he is a team pzayer and everyone loves D.J., they
reaZZy do".
WHEREAS: DJ has attained national fame in footbatt, he excezzs in
basebatl and basketbatt as weZZ. He plays Short-Stop and was recognized in the
Alt-B?ach District with a .450 hitter last year. He has been timed at 4.35
seconds in the 40-yard dash. He has been graced with three things that
recruiters say make him a btue-chipper: size, strength and speed. He is 6'3"
and weighs 195. He has often been judged emotiontess as he never shows si@ of
jubitation or disgust. His performance speaks for him. He has set a career-
high of 229 yards in one football game. Dozier is a quiet person. His celebrity
status has matured him earty. He is very close to his parents and two younger
sisters. His Guidance CounseZZor, Katie Reilly, says: "He is sensitive and
deserving of recognition because his behavior on and off the athtetic fietd is
exerTZary--his extreme toyatty is evidenced by his continued support of att
athtetic events at Kempsvitte Junior High".
NOW, THEREFORE, ZE IT RESOLVED: That the Virgi-nia Beach City Councit
recognizes:
WiLliam Henny Dozier Ill,
better known as "Dill, for his athletic achievement and pay tribute to him for his
rote in bringing nationaz recognition to the City and the Conmonwealth as
Virginia's Running-Back on Parade's 20th All-American Team.
ZE IT FURTHER RESOLVED: That this ResoZution be framed for presenta-
tion with a copy spread upon the Minutes of this FormaL Session of the Virginia
Beach City Councit.
Given under my hand and seat this
Seventeenth day of 7anuary,
Nineteen Hundred and Eighty-Three.
Mayor
- 1 6 -
ITEM II-G.7 ITEM # 19353
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and APPROVE on FIRST READING the Ordinance to decrease
the Pendleton Child Service Center appropriations by $87,499
and to accept $11,560 in Grant awards.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
1 7 -
AN ORDINANCE TO DECREASE THE
PENDLETCN CE= SERVICE CE=
APPROPR=CN BY $87,499 AND TO
AC= $11,560 IN GRANT
the City counci-I approved estimated revenues in the @t
of $490,734 for the Pendletm Child Service Center (PCSC) in the 1983 Fiscal
Y- Operating Budget, and
WHEPEAS, these estimated revenues have been reduced in the @t of
$87,499, and
WHEREAS, the United States DepartTbent of Agriculture (USDA) and the
Tidewater Children's F tion (TCF) have $1,560 for equi@t and
$10,000 for the day treatment cperations, respectively, for the PCSC.
NOW, BE IT OIDA= BY THE COLMIL OF THE CITY OF @IA
That FY 83 Pendleton Child Service Center appropriatims are hereby
reduced in the amount of $87,499 and the City Manager is authorized to accept
the USDA and TCF grants and funds of $11,560 fran the afor@tioned grant awards
are hereby apprcpriated for PC9C.
BE IT FUR= ORDA= that the $11,560 in additicnal appropriations
be financed by $11,560 in estiniated revenues fran the USDA ($1,560) and TCF
($10,000) .
FIRST READING: January 17, 1983
@CND @ING:
by the Council of the City of Vaxg@a Beach cn the
day of 1983.
D@PARTMENT
ArPil;-ID.@S Tp FOP.,',i
7A
- 18 -
ITEM 11-F.8 ITEM # 19354
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and APPROVE ON FIRST READING the Ordinance to accept and
appropriate additional funds of $2,000 for the Clean Community
System Program.
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
-i9-
AN CRDINANCE TO ACCEPT AND APPROPRTA!RE
ADDITIONAL OF $2,000 EUR THE
CLEAN ITY SYSIEM
, City Council approved the fifth year funding of the Clean
Canmunity Prograin in the fiscal y@r 1983 cperating budget, and
, the State Department of Conservation and Eccnanic Devel t,
Division of Litter Control, will provide additicnal fifth year funds in the
amount of $2,000.
NOK, RE, BE IT ORM= BY T'BE COUNCIL CF THE CTRY OF VTRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the additional
funds for the City, and funds are hereby appropriated in the amunt of $2,000
for the Clean Cam=ity Systen Prograrn, and
BE IT ORM= that the apprcpriaticns be financed by $2,000
Estiniated Revenue fran the State Department of Cmservaticn and Ecmcnic Devel t.
FIRST READING: January 17, 1983
SECM READING:
Adcpted by the Comcil of the City of Virginia Beach cn the
day of 1983.
ArP
-0 OP
Ci-
A_T7
- 2 0 -
ITEM 11-C.9 ITEM # 19355
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to transfer funds of $33,000
within tbe Department of Public Works and $10,200 within the
Department of Public Utilities to provide for the use of
temporary labor services.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Ilayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, 111, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
2 1 -
AN ORDINANCE TO TRANSFER FUNDS OF
$33,000 WITHIN THE DEPARTMENT OF
PUBLIC WORKS AND $10,200 WITHIN
THE DEPARTMENT OF PUBLIC UTILITIES
TO PROVIDE FOR THE USE OF TEMPORARY
LABOR SERVICES
WHEREAS, the Departments of Public Works and Public
Utilities have conducted a pilot program utilizing
temporary labor services, and
WHEREAS, rather than filling certain vacant personnel
positions the departments have augmented labor crews
with teniporary labor contracted@from private firms,- and
WHEREAS, the departments have indicated that tbe
advantages of the program are greater flexibility of
manpower and reduction in personnel costs, and
WHEREAS, both departments desire to reallocate funds
within their department to continue the program for the
remainder of the fiscal year, and
WHEREAS, the Department of Public Works will freeze
four positions in order to transfer $33,000 for the
program and the Department of Public Utilities will freeze
one position and transfer additional funds from maintenance
and repair in order to provide $10,200 -for the program.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $33,000 be reallocated
witbin the Department of Public Works from personnel costs
to contractual services and $10,200 be reallocated within
the Department of Public Utilities from personnel costs and
maintenance and repair to contractual services in order to
continue the Temporary Labor Services Program for the
remainder of the fiscal year.
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach
on the Seventeenth day of January 1983.
"S To Cr
- 2 2 -
ITEM II-F.10 ITEM # 19356
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the low bid of Southern National Leasing for
an Annual Percentage Rate of 10.48 for the lease/purchase of four
word processing units for the Department of Finance/Purchasing
Division AND authorized the City Manager to enter into the
necessary financial agreement.
Voting: 9 -0
Council Members Voting Aye:
Jobn A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert C. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
- 2 3 -
ITEM II-F.11 ITEM # 19357
The following bids have been received for the Building Maintenance
Headquarters Expansion/Roof (CIP 3-925):
Roof Engineering Corporation $32,992.00
Craddock Sheet Metal and Roofing
Company, Inc. $35,828.00
Eastern Roofing Corporation $41,650.00
Pete Block Roofing Company, Inc. $48,878.77
Stevens Roofing Corporation $57,310.00
Building Maintenance Cost Estimate $24,000.00
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the low bid of Roof Engineering Corporation,
in the amount of $32,992.00 for the Building Maintenance Head-
quarters Expansion/Roof (CIP 3-925) AND authorized the City
Manager to enter into the necessary agreements for the
implementation of this project.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
- 2 4 -
ITEM II-F.12 ITEM # 19358
The following bids have been received for the North Virginia Beach
Sanitary Sewerage System and Water Line - Contract 2E Project
(CIP 6-604):
A & W Contractors, Inc. $114,835.75
M. E. Wilkins, Inc. $117,601.26
W. R. Hall, Jr., Contractor $120,971.00
Chesapeake Bay Utilities, inc.$124,261.55
Carter-Bell Corporation $134,278.00
Inner-View, Ltd. $145,818.50
Suburban Grading & Utilities,
Inc. $192,470.00
Richard L. Crowder
Construction $202,087.24
Engineer's Estimate $140,875.00
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the low bid of A & W Contractors, Inc., in
the amount of $114,835.75 for the North Virginia Beach Sanitary
Sewerage System and Water Line - Contract 2E Project (CIP 6-604)
AND authorized the City Manager to enter into the necessary
agreements for the implementation of this project.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, 111, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
- 2 5 -
ITEM 11-F.13 ITEM # 19359
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the following Bingo/Raffle Permits:
Raffle Back Bay Wildfowl Guild, Inc.
Raffle Phi Theta Kappa
Raffle Cox High School Booster Club
Bingo/Raffle St. Gregory's Men's Club
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
- 2 6 -
ITEM II-F.14 ITEM # 19360
Upon motion by Councilman Baum, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the request of the City Treasurer for tax
refunds in the amount of $439.26.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, ITT, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
2 7 -
FORM NO. C.AI7 1/7/83 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
Joseph &Viola Britt 81 RE(1/2) 9047-8 12/5/80 33.50:-
Joseph &Viola Britt 81 RE(2/2) 9047-8 6/5/81 33.50 -
Joseph &Viola Britt 81 RE(1/2) 9045-0 12/5/80 50.25 -
Joseph &Viola Britt 81 RE(2/2) 9045-0 6/5/81 50.25-
Joseph &Viola Britt 82 RE(1/2) 9337-6 12/2/81 54.00 -
Joseph &Viola Britt 82 RE(2/2) 9337-6 8/31/82 65.02-
Joseph &Viola Britt 82 RE(1/2) 9340-1 12/2/81 36.00,
B J & Mary Batton 82 PP 142980-3 11/08/82 22.72-
Larry D Brown 82 pp 143634-1 11/26/82 6.00.
William G Hughen 82 pp 147368-4 11/19/82 31.02 -
Burton Riedel 83 Dog V4249 12/30/82 5.00.
James A Thurman 82 Pkng 17970 11/8/82 20.00
Joseph & Virginia Gayle 82 Pkng 98008 9/29/82 12.00-
John G Livingston 82 Pkng 64289 12/20/82 20.00-
Total 439.26
OF
DF-P@
This ordinance shall be effelctive from date of adoption.
The abgve abatement(s) totaling o pa
>6 were approved.by
the Council of the City of(yirginisi
Beach on the@@ay o@-,@ 13;,3 C y MhL
Joh Atkintor;, Yrea'surer
ITT -
Appro@ed as tp
Ruth Hodges Smith
City Clerk WA
Bimson
- 2 8 -
ITEM II-F.6 ITEM # 19361
Councilman Kitchin made a motion, seconded by Vice Mayor Henley,
to uphold the recommendation of the City Manager and ADOPT the
Resolution urging the General Assembly to adopt an amendment to
Section 35.1-9 of the Code of Virginia so as to allow localities
to regulate by Ordinance the keeping of guest registers by hotels
and the display of signs which advertise hotel accommodations.
Councilwoman Creech offered a SUBSTITUTE MOTION, seconded by
Councilman Jennings, to DELAY action on the Resolution to
permit additional research.
The recorded vote on the SUBSTITUTE MOTION is as follows:
Voting: 2-7
Council Members Voting Aye:
Nancy A. Creech, and H. Jack Jennings, Jr.
Council Members Voting Nay:
John A. Baum, Vice Mayor Barbara M. Henley, Mayor
Louis R. Jones, Robert G. Jones, W. H. Kitchin,
III, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Absent:
Harold Heischober, and Reba S. McClanan
Memoranda from Council Members McClanan and Heischober (pages 3a/b)
hereto referenced as a part of these proceedings
- 2 9 -
The recorded vote on the MAIN MOTION is as follows:
Voting: 7 - 2
Council Members Voting Aye:
John A. Baum, Vice Mayor Barbara M. Henley, Mayor
Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Nancy A. Creech, and H. Jack Jennings, Jr.
Council Members Absent:
Harold Heischober, and Reba S. McClanan
30 -
A meeting of the Council of the_City of Virqinia Beach,
Virginia, was held in the Council Chambers, in thp Administration
Building, on the 17th day of January 1983 .
on motion by Councilman Kitchin -and seconded
by Vice Mayor Benley the following FZesolution was
adopted.
R E S 0 L U T I 0 N
WHEREAS, in the 1981 session, the General Assembly
enacted Title 35.1 of the Code of Virginia; and
WHEREAS, Section 35.1-9 of Title 35.1 states that, with
the exception of certain enumerated categories, all local
ordinances regulating hotels, restaurants, summer camps and
campgrounds are superseded by Title 35.1 and the regulations of
the State Board of Health; and
WHEREAS, the enactment of Title 35.1 has served to
nullify Chapter 15 of the Code of the City of Virginia Beach,
which dealt with the keeping of quest registers by hotels and the
display of signs which are visible from a roadway and which
advertise rates charqed for hotel rooms; and
WHEREAS, the City of Virqinia Beach has a legitimate
and compellinq interest in rectuiring hotels to keep quest
registers and to make the same available to the City's Chief of
Police upon request; and
WHEREAS, the City of Virginia Beach has a legitimate
and compelling interest in protecting the public from inaccurate
and/or misleading information which is sometimes displayed on
signs which are visible from a roadway and which advertise hotel
accommodations and the rates charged therefor; and
WHEREAS, the tourist industry is vital to the economy
of the City of Virginia Beach; and
WHEREAS, the tourist industry in the City of Virginia
Beach may be adversely effected if visitors to the City of
virqinia Beach are misled as to the cost of hotel accommodations
in the City; and
3 1-
WHEREAS,, unless and until the General Assembly amends
Title 35.1 of the Code of Virginia so as to allow localities to
regulate such subjects any local ordinance purportinq to do so is
a nullity.
NOW, THEREFORE, BE IT RESOLVED by the Council of @he
City of Virginia Beach that the Council urges the General
Assembly to adopt an amendment to Section 35.1-9 of the Code of
Virginia so as to allow localities to regulate by ordinance the
keeping of guest registers by hotels and the display of signs
which advertize hotel accommodations.
This resolution shall be in effect from the date
of its adoption.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ON
THE 17 DAY OF January 1983.
City Clerk
12/17/82
(RES.2)
SiGNATURE
E)EPA.qT,',@F.NT
AP VE-@ "' 10
CITY ATTO.@;AE'@
-2-
- 3 2 -
P L A N N I N G A C E N D A
ITEM 11-G.1 ITEM # 19362
Upon motion by Councilman Jennings, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance closing, vacating and discontinuing
a 15-foot lane in the petition of William V. and Dorothy P. Dowding
and William H. Thumel, Jr., in the Lynnhaven Borough subject to the
following AND INCLUSION of an additional condition:
1. The closure shall be limited to that portion
of right-of-way running from 74th Street
north to the northern line of the east-west
alley.
2. Resubdivision of the property to incorporate
the closed area into adjoining parcels, as
well as, to avoid the creation of nonconforming
lots and to insure that all lots have access to
a public street.
3. The closure of this right-or-way shall be
contingent upon compliance with the above
stated conditions within 180 days of the
approval by City Council.
4. State Code stipulations as to purchase.
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members VotiDg Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
3 3-
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS 15 FOOT LANE,
BETWEEN 74TH STREET AND 75TH STREET, WHICH STREETS WERE
FORMERLY KNOWN AS 112TH STREET AND 112TH-1/2 STREET AS
SHOWN ON SAID PLAT IN THE LYNNHAVEN BOROUGH IN THE CITY
OF VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA.
Your Petitioners, William V. Dowding, Dorothy P. Dowding,
and William H. Thumel, Jr., 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 vacation, closing, and discontinuance of a portion of that
.Certain street, which is more specifically described as follows:
15 foot lane beginning at a point on the North side of 74th
Street, formerly 112th Street,at the Southwest corner of
Lot 1 as shown on the plat of Shore Realty Corp. recorded
in the Clerk's Office of the Circuit Court of Virginia Beach
in Map Book 7, at page 124, thence running Northerly along
the rear lot lines of Lots 1-7 a distance of 180 feet to
the Northwest corner of Lot 7, thence across said 15 foot
lane to the Northeast corner of Lot 47,thence along the
Eastern lot line of Lot 47 a distance of 85 feet to the
Southeast corner of Lot 25, thenc6 to the Northeast corner
of Lot 78,a distance of 10 feet, thence along the Eastern
line of Lot 78 a distance of 85 feet to the Southeast corner
of Lot 78, thence 15 feet to the point of beginning.
z
Said parcel of land being a portion of the 15 foot lane
-oshown on that certain plat entitled "Shore Realty Corp." record-
ed in the Clerk's office of the Circuit Court of Virginia Beach,
Virginia in Map Book 7, at Page 124.
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 Viewe,rs as provided by law to view said platted street
proposed to be closed and to report in writing to the Council
on or before the - day of 1 198-, 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.
34 -
3. That on the 14th day of November 1982 and on the 21st
day of Noveniber , 1982 , 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 your petitioners, William V. Dowding and Dorothy
P. Dowding, are the fee simple owners of Lot 78 which abuts on
said lane. That your petitioner, William H. Thumel, Jr., is
the fee simple owner of Lots 1, 2, 3, 4, and 5, which abut on
isaid lane. That the owners of the other lots which abut on said
lane, Allison G. Glover, and Virginia B. Glover, his wife, and
Jo Baughman, have indicated that they favor said closure, even
'though they have not joined in this petition.
Respectfully submitted,
WILLIAM V. DOWDING
DOROTHY P. DOWDING
WILLIAM H. THUMEL, JR.
By:
Of Counsel
iROBERT H. BENNETT, P.C.
I.:P.O. Box 822
'.Virginia Beach, Virginia 23451
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Seventeenth day of January, 1983
- 3 5 -
ITEM II-G.2 ITEM # 19363
Attorney Glenn Crowshaw represented the applicant
Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of CAVALIER HOTEL CORPORATION
for a Change of Zoning District Classification as per the following:
(This application was expedited by City Council on December 20, 1982)
ORDINANCE UPON APPLICATION OF CAVALTER HOTEL Z0183694
CORP., FOR A CRANGE OF ZONING DISTRICT
CLASSIFICATION FROM H-2 RESORT HOTEL DISTRICT
TO 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Cavalier Hotel Corp.,
for a Change of Zoning District Classification from
H-2 Resort Hotel District to 0-1 Office District
on certain property located on the East side of Holly
Road beginning at a point 250 feet South of Cavalier
Drive, running a distance of 145 feet along the East
side of Holly Road, running a distance of 150 feet
along the Southern property line, running a distance
of 90 feet more or less along the Eastern property
line.
During further review of the development plans for this
project, the following may be required by the staff:
1. Further development of this site will have to comply
with the Site Plan Ordinance.
2. City water and sewer.
Prior to the changing of the official zoning map, the
following condition will be met:
1. A 10-foot dedication along the frontage on Holly
Road, 25-feet from the centerline of the old
30-foot right-of-way to provide for an ultimate
50-foot standard rigbt-of-way.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Seventeenth day of January, 1983.
3 6 -
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, 111, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
- 3 7 -
ITEM II-G.3 ITEM # 19364
Charles Capps spoke in behalf of bis application
Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of CHARLES R. CAPPS for a
Conditional Use Permit as per the following. (This application
was expedited by City Council on December 20, 1982)
ORDINANCE UPON APPLICATION OF CHARLES R. CAPPS R0183512
FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
DWELLING IN THE AG-1 AGRICULTURAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Charles R. Capps for a
Conditional Use Permit for a single-family dwelling
in the AG-1 Agricultural District on property located
665 feet East of Morris Neck Road beginning at a point
600 feet South of Mill Landing Road, running a distance
of 698.24 feet along the Northern property line, running
a distance of 257.10 feet along the Eastern property
line, running a distance of 644.66 feet along the Southern
property line and running a distance of 368.12 feet along
the Western property line. Said parcel contains 4.705
acres. PUNGO BOROUGH.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Seventeenth day of January, 1983.
3 8 -
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, Ill, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober, and Reba S. McClanan
- 3 9 -
ITEM IT-G.4 ITEM # 19365
David Oglesby, Jr., Trustee for Faith Fellowship Church, represented
the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of FAITH FELLOWSHIP CHURCH
for a Conditional Use Permit as per the following: (This application
was expedited by City Council on December 6, 1982)
ORDINANCE LJPON APPLICATION OF FAITH FELLOWSHIP R0183513
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
BE IT ORDAINED BY THE COUNCTL OF THE CITY OF VTRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Faith Fellowship Church
for a Conditional Use Permit for a church on property
located on the North side of Virginia Beach Boulevard
beginning at a point 280 feet more or less West of
Caren Drive, running a distance of 110 feet more or
less along the North side of Virginia Beach Boulevard,
running a distance of 324 feet along the Western property
line, running a distance of 265 feet in a Southeasterly
direction and running a distance of 160 feet more or
less in a Southwesterly direction. Said parcel contains
38,115 square feet. LYNNHAVEN BOROUGH.
During further review of the development plans for this
project, the following may be required by the staff:
1. City water and sewer.
2. Dedication of a permanent drainage easement and
temporary construction easement as shown on the
Virginia Beach Boulevard plans.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Seventeenth day of January, 1983.
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