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HomeMy WebLinkAboutNOVEMBER 22, 1982 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR LOUIS R. JONES, B.y@id@ B.,@.gb VICE-MAYOR BARIJARA M. HEVLEY, P.@g. B.,..gh jOtIN A. BA(IM, B.,..gh NA,VCY A. CREECH. At L.,g@ H,tROLD IIEISCIIOBER, A@ L.,g@ H. JACK JENVINGS, JR., Ly..b..@. B...gb R013ERT G. JONES, A, L.,g@ W. Ii. KITClfiN, lit. Vigi@i,, B@.@b REBA S. M,@CLAVAV. P,i@,@,@ A@@, B@,..gb 212 CITY fl,ILL BVILDING 1. IFEVRY AI,COY, JR.. B,,,..gb M(JNICIPAL CENTER MEYERA E. OBERNDORF, Al L.,g, VIRGINIA BEACH, VIR(;IVIA 23456 RUTII HODGES SMITII. CMC, Cily Cl@lk (804) 427-4 30 3 CITY COUNCIL AGENDA November 22, 1982 ITal I INFORMAL SESSION: 5:30 P.M. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT IIATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda. 2 ITEM II FORMAL SESSION: 7:00 P.M. A. INVOCATION: William F. Summers, D.D. First Presbyterian Church B. PLEDGE OF ALLEGIA14CE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF THE PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of November 15, 1982 (Regular Meeting). 2. Motion to accept/approve the Minutes of November 16, 1982 (Special Meeting). E. PRESENTATION 1. Advertising Agency Recommendations by Advertising Selection Committee 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 no separate dis- cussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Ordinance to authorize the City Manager to execute a joint powers agreement with the City of Chesapeake for installing water, sewer and streets in Queen City, a subdivision approxi- mately two-thirds of which lies in Virginia Beach and one- third in the City of Chesapeake. 2. Ordinance to amend Section 5 of the Site Plan of the Code of the City of Virginia Beach, Virginia, by adding a new Subsection 5.15, pertaining to sewer pumping stations and related collection facilities. 3. Ordinance to transfer funds of $30,000 from the General Fund Reserve for Contingencies to City Council Budget as a contri- bution to the Virginia Beach Maritime Historical Museum. 4. Ordinance to transfer $60,000 within the Community Development Program. 5. Ordinance to transfer funds of $15,600 from the water and sewer reserve for Contingencies towards the purchase of a sewer line TV/Truck and authorize the issuance of a purchase order,,with approval of@th6 Cues, Inc.,-.bid. 3 ITEM II F. CONSENT AGENDA (cont'd) 6. Ordinance to transfer funds of $150,000 from Water and Sewer Fund Retained Earnings to the Water and Sewer Capital Projects Fund for preliminary engineering and financial studies concern- ing Lake Gaston Water Resource Project. 7. Low bid of Pete Block Roofing, in the amount of $29,232, for the roof, and the low bid of Lockwood Builders, in the amount of $31,616, for the steel work, for the Building Maintenance Headquarters Expansion/Roof (CIP 3-925); AND, authorize the City Manager to enter into the necessary agreements for the implementation of this project. 8. Request of the Treasurer for tax refunds in the amount of $57.22. G. PLANNING ITEMS 1. Application of Leah Waitzer and Richard M. Waitzer for a change of zoning from A-2 ADartmerit District to A-3 Wva-rtment District on a 13.16-acre parcel located along the north side of Old Donation Parkway, west of First Colonial Road (Lynnhavell Borough). This item was deferred on November 8, 1982, due to a tie vote. Letter from the C@ty.Man@ger transmits the recommendation of the Planning Conmission ror approval. 2. Application of Christopher Development Company for a change of zoning from B-2 Community-Business District to A-2 Apartment on a 10.22-acre parcel located along the south side of Baxter Road, west of Independence Boulevard (Kempsville Borough). This matter was deferred for one week on November 15, 1982. Letter from the City Manager transmits the recomendation of the Planning Commission for denial. 3. Application of Red Roof Inns, Inc., for a conditional use permit for a 1-09-unit motel on a 2.4-acre parcel located east of the Newtown Road/Greenwi Road intersection (Bayside Borough). This matter was deferred for one week on November 15, 1982. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of Charles R. and John F. Malbon for a cbange of zoning from R-3 Residential District to R-8 Residential District (modified from A-3 Apartmen District) on a 1.05-acre parcel located at the northwest corner of Holly Road and West Holly Road (Virginia Beach Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Oliver F. Redd, Jr., for a conditional use permit for a medical office (osteopat @c physician) on a 6,098-square foot parcel located on the north side of 22nd Street, east of Mediterranean Avenue (Virginia Beach Borough). Letter from the City Manager transmits the recommendation of the Planning Commission to allow withdrawal of this request. 4 ITEM II G. PLANNING ITEMS (cont'd) 6. Application of John C. Aspinwall, III, for a conditional use mit for mini-warebouses on a 4.81-acre parcel located along the west side of Rosemont Road, south of Virginia Beach/Norfolk Expressway (Lynnhaven Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for oval. 7. Application of Gate Petroleum Company for a conditional use permit for an automobile service station on a 28,948-square foot parcel located along the south side of Virginia Beach Boulevard, west of Highway Lane (Lynnhaven Borough). Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. Application of Miller Oil Company, Inc., for a conditional use- permit for an automobile service station on An 18,750-square foot parcel located at the-southwest corner of Poplar Point and North Great Neck Roads (Lyn@haven Borough). This item was expedited on September 27, 1982. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Ordinance to amend and reordain Article 6, Section 602(e) of the Comprehensive Zoning Ordinance pertaining to maximum density regulations in the A-1 Apartment District. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 10. Petition of Peter J. and Joseph J. Gualeni for the closure of a portion of an alley in the Lynnhaven Borough located between Virginia Beach Boulevard and 18th Street. Letter from the City Manager transmits the recommendation of the Planning Commission, and the Viewers concur, for approval. H. ORDINANCES 1. Ordinance to amend and extend the Franchise of Resort Satellite Conmunications, In,. (Deferred one week) City Mana@.er recommends approval. 2. Ordinance to transfer funds of $7,000 from the General Fund Reserve for Contingencies as a contribution to the Greater Hampton Roads Cultural Action Plan. 5 ITFII II 1. APPOINTMENTS 1. Incinerator Site Development Committee. J. UNFINISHED BUSINESS 1. Abstract of Votes - General Election November 2, 1982. K. NEW BUSINESS 1. Application of McDonald's.franchise at 28th Street and Atlantic Avenue for approval of their proposed addition to a nonconforming structure. Letter from the City Manager transmits the recommendation of the Planning Department and the Department of Permits and Inspections for denial. L. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 22 November 1982 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, 22 November 1982 at Five-Thirty in the evening. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None - 2 - ITEM #19101 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 acquisition or use of real property for of Che codi .n, public purpose, or of the disposition of publicly held property, or of plans for the future of an institution whicb could affect the value of property owned or desirable for ownership by such institution. 3. 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 Vice Mayor lienley, seconded by Councilwoman Oberndorf, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 3 - M A T T E R S B Y T H E M A Y 0 R CITY CHAMPLONS ITEM #19102 Mayor Jones announced that First Colonial High School's Football Team won the Beach District Championship. NATIONAL LEAGUE OF CITIES ITEM #19103 Mayor Jones announced that neither he nor Councilman Heischober would be attending the National League of Cities Conference in California and requested Councilmen Jones and McCoy be appointed Delegate and Alternate, respectively. This matter will be heard on the FORMAL SESSION under UNFINISHED BUSINESS. M A T T E R S B Y C 0 U N C I L M E M B E R S VIRGINIA HIGHWAY/TRANSPORTATION CONFERENCE ITEM #19104 Vice Mayor Henley advised Council she and Councilwoman Oberndorf attended the Virginia Highway and Transportation Conference on November 18 and 19, 1982, and advised several Cities and Counties are concerned about Proposal Ten in our Legislative Package: Amending Section 15.1-466(i) of the Code of Virginia to allow localities to require a subdivider of land to pay his pro rata share of the cost of providing reasonable and necessary roads outside the limits of the property he is developing. The cost sharing should be based upon a forriula which adheres to an established street improvement program and is coordinated with the comprehensive plan of the locality. Councilwoman Oberndorf advised that the Delegate from Henrico County brought up the fact that there would not be the sums of money available to construct the primary roads. - 4 - PILOT PROGRAM ITEM #19105 Vice Mayor Henley advised Council of a Pilot Program of the Environmental Education Program being developed at False Cape State Park. The Program was developed jointly by the Division of State Parks, the Virginia Institute of Marine Sciences and William and Mary. The purpose is to critique the Program and make recommendations. The State Parks feels they can go ahead with an Environmental Educational Program at Washwoods and Vice Mayor Henley requested Mack Rawls work closely with the Program. EXPEDITE LA QUINTA ITEM #19106 Councilwoman McClanan asked the City Attorney if Council could reconsider the application of LA QUINTA MOTOR INNS for expedition of the request for a Conditional Use Permit. The City Attorney responded in the affirmative and this matter will be heard on the FORMAL AGENDA under NEW BUSINESS. JLARC ITEM #19107 Councilman Jones advised the JLARC STUDY COMMITTEE is going to hold a Public Hearing in Richmond, December 13, 1982, regarding public response to their report advising of three formulas to define "need". Councilman Jones advised he will be attending the Public Hearing on December 13, 1982, and will report back to Council. LEGISLATIVE WORKSHOP ITEM #19108 Councilwoman Creech advised she attended a Legislative Workshop in Richmond, Virginia. Dr. Diener was guest speaker and indicated in her presentation there was new information regarding the False Cape State Park Land Exchange and it looked very, very doubtful that the exchange would go through. - 5 - DEFERRAL ITEMS ITEM #19109 Councilman Kitchin advised in light of the fact that during the last few weeks Council has deferred several matters and discussed the problems with agreements accompanying the Planning Item, etc., and was wondering if it might not be appropriate to: 1. Planning Commission either hear these items again on a second basis (two Planning Commission meetings) in order to "rescreen" these planning applications before coming to City Council 2. Looking at the possibility of having a Borough System Screening Committee WOLFSHARE CIVIC LEAGUE ITEM #19110 Councilman Jennings advised Council of a letter received from the Wolfsnare Acres Civic League requesting the applications of Cavalier Properties/Hilltop for a Change of Zoning and OGM Retirement Facilities for a Conditional Use Permit be rescheduled for January 24, 1983, at 7:00 p.m., instead of December 20, 1982, at 2:00 p.m. The application is advertised for the December Planning Commission and by State Code must come to Council in December at which time "Deferral" could be considered. C I T Y M A N A C E R ' S A D M I N I S T R A T I V E I T E M S INFORMAL SESSION ITEM #19111 The City Manager distributed a memorandum to Council requesting Mr. Edward Carson be on the INFORMAL AGENDA OF December 13, 1982, at 11:30 a.m., to discuss the Atlantic Avenue Beautification Commission. Members of City Council will meet with the Commonwealth Attorney at 11:00 a.m. December 6, 1982. 11/22/82 - 6 - GRADUATION CEREMONIES ITEM #19112 The City Manager advised Council of the Third Graduation Class Ceremony of the Police Academy on November 23, 1982, in the City Council Chambers at 11:00 a.m. It was noted the "Topping Off" Ceremony of Pavilion Towers was scheduled for November 23, 1982, at 10:00 a.m. MEDIAN OPENING/LEFT-TURN LANE ITEM #19112 The City Manager distributed to Council the request of Steve Frazier to construct a median opening and left-turn lane on Laskin Road for the proposed development of the Birdneck Office Condominiums. The application was approved by City Council on May 24, 1976, with the condition that no future crossovers would be permitted along Laskin Road. This matter will be on the FORMAL AGENDA under NEW BUSINESS. HEROIC DEED ITEM #19113 The City Manager made reference to an article in the VIRGINIAN- PILOT regarding an heroic effort on the part of a City employee. Mrs. Waugh, driver of one of the City's Trolly Buses, was on the Interstate when her bus caught fire and it was only because of Mrs. Waugh's "quick work" that she was able to pull the vehicle to the side of the road to avoid a tragic incident. The City Manager advised he wanted to make Council aware of the fine work performed by Mrs. Waugh. LEGISLATURE MEETING ITEM #19114 The City Manager advised Council the Breakfast Meeting with the City's Legislature will be on December 8, 1982, at 7:30 a.m., at the Pavilion. I I2 28 2 - 7 - R E V I E W C 0 N S E N T A G E N D A CONSENT AGENDA ITEM #19115 Councilman Kitchin advised ITEM 11-F.4, Ordinance to transfer funds of $60,000 within the Community Development Program, would be coming from the Seven Year Program and requested what Project would be deleted to provide those funds. The City Manager advised the funds would be coming from Community Development's Contingency Fund. On ITEM II-F.5, the Ordinance to transfer funds of $15,600 from the Water and Sewer Reserve for Contingencies towards the purchase of a sewer line TV/Truck and authorize the issuance of a purchase order with approval of the Cues, Inc., bid, Councilman Kitchin asked "if it was normal to accept the higher bid"? The City Manager advised Council that based on the evaluation of the bids the second low bidder, Cues, Inc., was the better bid. On ITEM II-F.7, Councilman Kitchin advised tbere were two bids for the Building Maintenance Headquarters Expansion/Roof: Pete Block Roofing $29,232.00 Steves Roofing $61,710.00 and asked why Steves Roofing was so much higher than Pete Block Roofing. The City Manager advised he was unable to find the reasoning for such a vast difference in bids. Councilman Jennings advised he had questions concerning ITEM II.F.3, the Ordinance to transfer funds of $30,000 from the General Budget Reserve for Contingencies to City Council Budget as a contribution to the Virginia Beach Maritime Historical Museum, with regards to Grants. The City Manager advised during the 1982-83 Fiscal Year the General Fund Reserve for Contingencies was $241,503. if this Ordinance is approved by City Council the Fund Balance will be $58,000 (this is not part of the Water Public Utilities Fund). City Council also budgeted $5-Million for an Ending Balance. City Council recessed into EXECUTIVE SESSION, (6:15 p.m.) 11/22/82 - 9 - M I N U T E S ITEM II-D.1/2 ITEM #19116 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to APPROVE the Minutes of the Regular Meeting of November 15, 1982 and the Minutes of the Special Meeting of November 16, 198@'. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None -10- P R E S E N T A T I 0 N ITEM II-E.1 ITEM # 19117 Daniel L. Kensil, Chairman, Advertising Selection Committee, spoke before Council and advised the Committee proposed Arthur Polizos Associates be engaged for both the Virginia Beach Tourism/ Convention and Industrial Advertising Accounts upon the expiration of the current contracts. Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council voted to ACCEPT the recommendation of the Advertising Selection Committee and engage the firm of ARTHUR POLIZOS ASSOCIATES for both the Virginia Beach Tourism/Convention and Industrial Advertising Accounts upon the expiration of the current contracts. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, TII, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Robert C. Jones, and Reba S. McClanan Council Members Absent: None - I I - C 0 N S E N T A G E N D A ITEM II-F ITEM #19118 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, 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.7 which will be considered separately. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 1 2 - ITEM II-F.1 ITEM #19119 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize the City Manager to execute a joint powers agreement with the City of Chesapeake for installing water, sewer and streets in Queen City, a subdivision approximately two-thirds of which lies in Virginia Beach and one-third in the City of Chesapeake. Voting: 1 1-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, TII, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 1 3 - Requested by: The Office of Housing and Community Development AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT WITH THE CITY OF CHESAPEAKE FOR INSTALLING WATER, SEWER AND STREETS IN QUEEN CITY, A SUBDIVISION APPROXIMATELY TWO-THIRDS OF WHICH LIES IN VIRGINIA BEACH AND ONE-THIRD IN THE CITY OF CHESAPEAKE. 0 R D I N A N C E BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, pursuant to Section 15.1-305, Code of Virginia, 1950 as amended, agreements concerning the acquisition, construction, maintenance and operation of any project is auttorized by the General Assembly of Virginia between two or more cities of this state; and WHEREAS, the City of Virginia Beach desires to enter into an agreement with the City of Chesapeake for installing water, sewer and streets in the subd@vision known as Queen City, approximately two-thirds of which lies in the City of Virginia Beach and approximately one-third of which lies in the City of Chesapeake; and WHEREAS, the City ot Chesapeake revised the Joint Powers Agreement adopted by the City of Virginia Beach on September 27, 1982, by adding clause nine (9) referenced in the agreement attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) Tne Council ot the City ot Virginia Beach, Virginia, approves the purposes and intent ot the attached agreement to install water, sewer and streets in Queen City, a subdivision of approximately two-thirds of which lies in the City of Virginia Beach and approximately one-third in the City of Chesapeake. (2) Whereas, all fees required for hook-up to sewer and water systems by the Chesapeake residents within the Queen City area as shown on the "Queen City - 14 - Neighborhood Plans" will be collected by the City ot Virginia Beach in accordance witn tne applicable Virginia Beach ordinances. (3) Thomas H. Muehlenbeck, City Manager ot the City of Virginia Beach, be and hereby is authorized and directed to sign and execute on behalf of the City of Virginia Beach the agreement attached hereto and made a part hereof. (4) Ruth Hodges Smith, City Clerk, be and hereby is authorized to witness the signature of said city manager and to affix the official seal of the City of Virginia Beach on said agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on November 22, 1982 11/15/82 (ORD A.1) -4- 1 5 - A G R E E M E N T THIS AGREEMENT, Made this day of 1982, between the City of Virginia Beach and the City of Chesapeake, municipal corporations of the Commonwealth of Virginia; W I T N E S S E T H That for and in consideration of the mutual covenants hereinafter set forth, the cities of Virginia Beach and Chesapeake do hereby mutually agree to acquire th6 necessary easements and rights-of-way and to construct, maintain and operate water lines, sewer lines and streets in the Project known as QUEEN CITY NEIGHBORHOOD, approximately two-thirds of which lies in the City of Virginia Beach and approximately one-third of which lies in the City of Chesapeake, pursuant to the authority of Section 15.1-305, Code of Virginia, 1950, as amended, as follows: (1) That the conditions of this agreement shall become effective when an ordinance approving the conditions and authorizing the execution thereof has been enacted by the council of each party to this agreement. The terms and conditions of this agreement shall terminate forty (40) years from the effective date of the ordinance auth6rizing the execution of the agreement. (2) The Queen City project is the Queen City neighborhood and streets adjacent thereto as shown on those certain plans on file in the Department of Public Works and more particularly described as a fifteen (15) sheet plan of the project called "Queen City Neighborhood improvement Plans Kempsville Borough Virginia Beach, Virginia office of Housing and Conununity Development City of 1 6 - Virginia Beach,:Virginia Project 6-315 Langley and MacDonald Engineers Planners and Surveyers" dated Decembet 11, 1981. Said plans are attached hdreto and made a part hereof. Th6 plans and areas designated thdrein are hdreinafter referred to as th6 "Queen City Neighborhood Plans." (3) That the City of Virginia Be@ch will pay for the acquisition of all rights-of-way and ease- ments, including title searches and appraisals and non-City Attorney fees. However, the City of Chesapeake will assist in acquiring all rights-of-way and easements within the City of Chesapeake, as shown on the "Queen City Neighborhood Plans." The City of Chesapeak6 shall file petitions for condemnation under the Virginia Eminent Domain Statutes and pursue those matters in the appropriate courts where necessary. However, if outside counsel is necessary to pursue these matters in the Chesapeake Circuit Courts, such attorney shall be hired by and paid for by the City of Virginia Beach. Title to all rights-of-way and easements within Virginia Beach will be taken in the name of th6 City of Virginia Beach. Title to all rights-of-way and easements in Chesapeake will be taken in the name of th6 City of Chesapeake. (4) The City of Virginia Beach will construct and install at its sole cost all sanitary sewer and water lines, sewage pumping stations, storm water drainage facilities, streets and appurtenant facilities as shown on the "Queen City Neighbdrhood Plans." -2- 18 - (.5) Thd City of Virginia Beach will maintain for thd duration of this agreement all proposed streets,.drain.age, sel4er and water lines and appurtehant facilities as sh6wn on the "Queen City Neighborhood Plans." Notwithstanding any clause to thd contrary, all water lines and storm and sanitary se@e@ lines located within th& City of Chdsapeake will be owned by the City of Vir ginia Bezich and th& City of Chdsapeak6 hdreby grants perpetual mainte- nance rights to the City of Virginia Beach for all wate7c line@ and storm and sanitary sewer lines located within thd City of Ch6sapeAke. The City of Chdsapeakd will hdve the right to review all improvements within the City of Ch6sapeake, inclu@ing th& location of all rights-of-way and easements. However, all construction in the projedt area will be done in accordance with Virginia Beach standards and final acceptance of all construction in th6 projedt area will be the sole discretion of thd City of Virginia Beach. (7) All fees required for h6ok-up to sewet and watet systems. by thd Chdsapeake residehts within the Queen City area as shown on the "Queen City Neighborhbod Plans" will be collected by th6 City of Virginia Beach in accordance with th6 applicable Virginia Beach ordinances. The City of Chesapeake hereby grants thd City of Virginia Beach the authority to collect the sewer and watet fees and the authority to collect fees for sewer and water service in accordance with thd applicable Virginia -3- 1 9 - Neighborhood Plans" will be collected by the City of Virginia Beach in accordance witn the applicable Virginia Beach ordinances. (3) Thomas H. Muehlenbeck, City Manager ot the City of Virginia Beach, be and hereby is authorized and directed to sign and execute on behalf of the City of Virginia Beach the agreement attached hereto and made a part hereof. (4) Ruth Hodges Smith, City Clerk, be and hereby is- authorized to witness the signature of said city manager and to affix the official seal of the City of Virginia Beach on said agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on November 22, 1982 11/15/82 APPROV@-r)@-@.' (ORD A.1) 1/11 7 /@z- -4- - 2 0 - ITEM II-F.2 ITEM # 19120 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend Section 5 of the Site Plan of the Code of the City of Virginia Beach, Virginia, by adding a new subsection 5.15, pertaining to sewer pumping stations and related collection facilities. Voting: I I -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 2 1 - AN ORDINANCE TO AMEND SECTION 5 OF THE SITE PLAN OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING A NEW SUBSECTION 5.15, PERTAINING TO SEWER PUMPING STATIONS AND RELATED COLLECTION FACILITIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5, Minimum Standards and Specifications Required, of the Site Plan of the Code of the City of Virginia Beach, Virginia, is hereby amended by adding the following subsection: 5.15. Pumping stations and other sewer collection facilities shall be provided by the developer in accordance with. standards of the department of public utilities in areas where central or public sewer systems are available. Adopted by the Council of the City of Virginia Beach, Virginia, on November 22, 1982 RHM/CJ/da 10/13/82 (A) - 2 2 - ITEM II-F.3 ITEM #19121 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to transfer funds of $30,000 from the General Fund Reserve for Contingencies to the City Council Budget as a contribution to the Virginia Beach Maritime Historical Muse,,. Voting: 11-0 Council Members Voting Aye: Jobn A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None 2 3 - AN ORDINANCE TO TRANSFER FUNDS OF $30,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO CITY COUNCIL BUDGET AS A CONTRIBUTION TO THE VIRGINIA BEACH MARITIME HISTORICAL MUSEIZI WHEREAS, on November 15, 1982, City Council indicated its desire to provide funds of $30,000 to the Virginia Beach Maritime Historical Museum as a subsidy for the remainder of the city's 1983 fiscal year, and WHERF-AS, funding is available from the General Fund Reserve for Contingencies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITZ OF VIRGINIA BEACH, VIRGINIA that funds of $30,000 be transferred from the General Fund Reserve for Contingencies to the City Council budget as a contribution to the Virginia Beach Maritime Historical Museum. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of November 19 8 2 FIRST RVOING: November 22, 1982 - 2 4 - ITEM II-F.4 ITEM #19122 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to transfer $60,000 within the Community Development Program relative to the Newsome Farm Street Project. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 2 5 - AN ORD TO TRANSFER $60,000 WITHIN THE ITY DEVELOP@ PR@ the office of Housing and Camunity Developmnt (HCD) for the City of Virginia Beach has identified the need for additional funding of the Newscme Farm Street Project in the seventh program year, and WHEREAS, funds are available in the Canuunity Development seventh program year addnistrative budget, and WHEREAS, the use of these funds for the street project will not affect the adrninistrative operation. NOW, T=FORE, BE IT ORD@ BY THE COUQCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a transfer of appropriations in the amount of $60,000 be made frcrn the Seventh Progran YeaLr administration budget to the Seventh Program Year Newsane Fai2us Street Project. FIRST READING: November 22, 1982 Adopted by the Council of the City of Virginia Beach on the Twenty-Secondday of November 1982. TC) - 2 6 - ITEM II-F.5 ITEM # 19123 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to transfer funds of $15,600 from the Water and Sewer Reserve for Contingencies towards the purchase of a sewer line TV/Truck and authorize the issuance of a purchase order to CUES INCORPORATED, the lowest responsive and responsible bid in the amount of $105,600. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay; None Council Members Absent: None - 2 7 - AN ORDINANCE TO TRANSFER FUNDS OF $15,600 FROM THE WATER AND SEWER RESERVE FOR CONTINGENCIES TOWARDS THE PURCHASE OF A SEWER LINE TV/TF.UCK ANTD'@AUTHORIZE THE ISSUAF;CE OF A PURCHASE ORDER WHEREAS, the Department of Public Utilities received approval in the FY 82-83 Operating Budget for a Sewer Line TV/Grout Truck at a cost of $90,000, and WHEREAS, the justification for tbe equipment was based on its use to view the interior of sewer lin6s, identify deficits such as sags, cracks, crushed pipe, improper taps, and leakage, and make minor repairs by groutin@., and WHEREAS, the use of the equipment will facilitate the clearing of sewer stoppages, reduce the digging up of streets, reduce extraneous water in sewers, and permit some reallocation of personnel resources in the Public Utilities Department, and WHEREAS, the Finance/Purchasing 4ivision has solicited bids for this equipment and the lowest responsive and responsible bid was $105,600 net bid price by Cues Incorporated, and WHEREAS, the most responsive and responsible bidder was based on the manufacturer's proven history of production and reputation for service and parts, and specific and superior features such as a variable focus camera, a quick and automatic inflate and deflate packer system, a stainless steel tank for chemical storage and a multi-grout (vs single grout) system, and WHEREAS, the Department of Public Utilities is now requesting a transfer of $15,600 from the Water and Sewer Reserve for Contingencies in order to have sul@ficient funds to purchase the equipment. API;@l,)V@7) AS TO -10@@T D@PARTPA'@l',!T 7 - 2 8 - NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $15,600 be transferred from the Water and Sewer Reserve for Contingencies to the appropriate capital outlay account in the Department of Public Utilities in order for the department to purchase a Sewer Line TV/Grout Truck. BE IT FURTHER ORDAINED that the bid of Cues Incorporated at a net bid price of $105,600 be accepted as the lowest responsive and responsible bid and tbat the City Manager is authorized to issue a Purchase Order to Cues Incorporated for the purchase of the Sewer Line TV/Grout Truck. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia this 22nd day Of November 1982. APP'@-IOV@-I cc@ - 2 9 - ITEM 11-F.6 ITEM #19124 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to transfer funds of $150,000 from Water and Sewer Capital Projects Fund for preliminary engineering and financial studies concerning the Lake Gaston Water Resource Project. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None 3 0 - AN ORDINANCE TO TRANSFER FUNDS OF $150,000 FROM WATER AND SEWER FUND RETAINED EARNINGS TO THE WATER AND SEWER CAPITAL PROJECTS @D FOR PRELIMINARY ENGINEERING AND FINANCIAL STUDIES CONCERNING THE LAKE GASTON WATER RESOURCE PROJECT WHEREAS, City Council desires to pursue the Lake Gaston alternative as a possible sblution to the city's long-term water supply needs, and WHERF-AS, the Department of Public Utilities is requesting a transfer of funds of $150,000 for professional services to begin the preliminary erxgineering and financial studies concerning the Water Resource Project, required during the Corps of Engineers pemit process, and. WHERF-AS, the funding for these activities will be returned to Water and Sewer Retained Earnings when Water and Sewer Bond Funds become available for these purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $150,060 be transferred from Water and Sewer Fund Retained Earnirigs to the Water and Sewer Capital Projects Fund for preliminary engineering and financial studies concerning the Lake Gaston Water Resource Project. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of November 19 82. A,@PPOVE,@ iS TC) 5@G.'4ATL;kE DEPAP,TM@1,NT A A5 T - 3 1 - ITEM II-F.8 ITEM #19125 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, 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 $57.22. Voting: I I -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None FORM NO. C.A- 7 3 2 - 11/5/82 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- Da!e Penalty Int. Total Year of Tax Number tion No. P.id Ray E & Suzanne W Barnes 81 RE@1/2) 4401-9 12/5/80 3.61 Ray E & Suzanne W Barnes 81 RE 2/2) 4401-9 5/26/81 3.61 Karen L Johnson 82 Pkng 85031 10/5/82 6.00 Eleni T Karangelen 82 Pkng 85116 10/1/82 6.00 John C Emery 82 Pkng 95190 10/6/82 6.00 F A Karn Jr Ins Agency 82 Pkng 85024 10/1/82 6.00 Susan C Bennett 82 Pkng 85191 10/1/82 6.00 Car Truck Leasing 82 Pkng 36496 9/29/82 20.00 Total 57.22 NOV I 0 C)T- LL%W' This ordinance shall be effective from date of adoption. The above abatement(s) totaling - 2 2 . w@re approved by the Council of the City of Virginia Beach on the 22 day of November Approved as t Ruth Hodges Smith City Clerk n, City Attorney - 3 3 - ITEM II-F.7 ITEM #19126 The following bids have been received for the Building Maintenance Headquarters Expansion/Roof (CIP 3-925): Pete Block Roofing $29,232.00 Stevens Roofing $61,710.00 Also, the following bids have been received for the Building Maintenance Headquarters Expansion/Steel Work: Lockwood Builders $31,616.00 M. M. Rollins $36,780.00 Virtexco $39,770.00 Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City Council voted to DEFER the low bid of Pete Block Roofing in the amount of $29,232.00 for the Building Maintenance Headquarters Expansion/Roof (CIP 3-925) AND APPROVE the low bid of Lockwood Builders in the amount of $31,616.00 for the Building Maintenance Headquarters Expansion/ Steel Work AND authorized the City Manager to enter into the necessary agreements for the implementation of the Expansion/Steel Work Project. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 3 4 - P L A N N I N G A G E N D A ITEM II-G.4 ITEM # 19127 THIS ITEM WAS BROUGHT FORWARD IN THE AGENDA Attorney Glenn Croshaw represented the applicant The following spoke in favor: Mrs. E. G. Eggersted Mr. Robert Pretlow, Jr. Mr. William Love Mr. Frank Fischer Mrs. Liz Corey Mr. Edward Hansen The following spoke in opposition: Attorney Grover C. Wright representing residents of Linkhorn Park Attorney Steven Stricker representing himself and residents of Cavalier @lanor Mrs. Lois M. Yearick Mr. James Kaiser, North Virginia Beach Civic League Mr. Lewis Allen Upon motion by Councilman Kitchin, seconded by Councilman Jennings, City Council voted to DENY the application of CHARLES R. AND JOHN F. MALBON for a Change of Zoning District Classification from R-3 Residential District to R-8 Residential District (modified from A-3 Apartment District) as per the following: Ordinance upon application of Charles R. Malbon and John F. Malbon for a Change of Zoning District Classification from R-3 Residential District to R-8 Residential District (modified from A-3 Apartment District) on Lot 75, Linkhorn Park located at the Northwest corner of Holly Road and West Holly Road. Said parcel is known as 500 West Holly Road and contains 1.05 acres. VIRGINIA BEACH BOROUGH. 3 5 - Voting: 10 - I Council Members Voting Aye: (for denial) John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones*, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: J. Henry McCoy, Jr., D.D.S. Council Members Absent: None *COUNCILMAN JONES VOICED A VERBAL "AYE" FOR DENIAL 11/22/82 - 36 ITEM II-G.1 ITEM # 19128 Attorney Richard F. Broudy represented the applicant Sam Houston spoke on this matter Mr. Louis Sherman spoke in opposition Councilman Jennings made a motion, seconded by Councilwoman McClanan, to DENY the application of LEAH WAITZER AND RICHARD M. WAITZER for a Change of Zoning District Classification: Councilman Jones offered a SUBSTITUTE MOTTON, seconded by Councilman McCoy, to APPROVE the application of LEAH WAITZER AND RICHARD M. WAITZER for a Change of Zoning District Classification. The recorded vote on the SUBSTITUTE MOTION is as follows: Voting: 4-7 Council Members Voting Aye: (for substitute motion) Nancy A. Creech, Mayor Louis R. Jones, Robert C. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., W. H. Kitchin, Ill, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: None - 3 7 - The recorded vote on the MAIN MOTION is as follows: Voting: 9-2 Council Members Voting Aye: (for denial) John A. Baum, Nancy A. Creech*, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None *COUNCILWOMAN CREECH VOICED A VERBAL "AYE" FOR DENIAL - 3 8 - City Council voted to DENY the application of LEAH WAITZER AND RICHARD M. WAITZER for a Change of Zoning District Classification as per the following: Ordinance upon application of Leah Waitzer and Richard M. Waitzer for a Change of Zoning District Classification from A-2 Apartment District to A-3 Apartment District on certain property located on the North side of Old Donation Parkway beginning at a point 224.44 feet along the North side of Old Donation Parkway, running a distance of 742.92 feet along the North side of Old Donation Parkway, running a distance of 434.45 feet along the Western property line, running a distance of 661.24 feet along the Northern property line and running a distance of 417 feet along the Eastern property line. Said parcel contains 13.16 acres. LYNNHAVEN BOROUGH. - 3 9 - ITEM II-G.2 ITEM #19129 Attorney Grover C. Wright represented the applicant Upon motion by Councilman McCoy, seconded by Councilman Jones, City Council voted to APPROVE tbe application of CHRISTOPHER DEVELOPMENT COMPANY for a Change of ZoninR District Classification as per the following subject to: Applicant voluntarily agrees the units will be Condominiums for sale Applicant voluntarily agrees apartments will not be constructed on any of the 98.5 acres owned in Kempsville Lake (a copy of the letter will be made a part of these proceedings). ORDINANCE UPON APPLICATION OF CHRISTOPHER Z01182684 DEVELOPMENT COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMKUNITY- BUSINESS DISTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Christopher Development Company for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District on certain property located on the South side of Baxter Road beginning at a point 820 feet more or less West of Tndependence Boulevard, running a distance of 643.50 feet along the South side of Baxter Road, running a distance of 822.11 feet in a Southeasterly direction, running a distance of 188.21 feet in a Northerly direction, running a distance of 477.32 feet in a Northeasterly direction and running a distance of 685.77 feet in a Nortbwesterly direction. Said parcel contains 10.220 acres. KEMPSVILLE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A variable width dedication along the frontage on Baxter Road to provide for an ultimate 90- foot right-of-way as per the Master Street and Highway Plan. This dedication is to match the alignment on file with the Department of Public Works/Engineering Division. - 4 0 - 4. Applicant voluntarily agrees units will be condominiums for sale. 5. Applicant voluntarily agrees apartments will not be constructed on any of the 98.5 acres owned in Kempsville Lake (a copy of the letter will be made a part of these proceedings). This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of November, 1982. Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, W. H. Kitchin, III, and Meyera E. Oberndorf Council Members Absent: None 499-8501 -41- R. G. MOORE BUIMING CORP. 4480 HOLLAND OFFICE PARK-SUITE 225 VIRGINIA BEACH, VIRGINIA 23452 To: Grover Wright Date: November 19, 1982 This is to advise that R. G. Moore Building Corp. will not come back, on any of the 98.5 acres owned in Kempsville Lake, for any A-2 rezoning. R. M3or@ PreEi, dent - 4 2 - ITEM II-G.3 ITEM @l 19130 Attorney Hugh Patterson represented the applicant Joseph S. LaDuca spoke on this matter Councilman Jennings made a motion, seconded by Councilman Baum, to APPROVE the application of RED ROOF INNS, INC., for a Conditional Use Permit for a 109-unit motel subject to the DELETION of condition number two (2): Installation of an automatic sprinkler system that meets the approval of the City Fire Protection Engineer. Councilman Kitchin offered a SUBSTITUTE MOTION, seconded by Councilman Jones, to DEFER the application of RED ROOF INNS, INC., for a Conditional Use Permit Councilman McCoy offered a SUBSTITUTE to the SUBSTITUTE MOTION, seconded by Councilwoman Creech, to uphold the recommendation of the Planning Commission and APPROVE the application of RED ROOF INNS, INC., for a Conditional Use Permit and to include both con- ditions. The recorded vote on the SECOND SUBSTITUTE MOTION is as follows: Voting: 8-3 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, H. Jack Jennings, Jr.,* and W. H. Kitchin, III Council Members Absent: None *COUNCILMAN JENNINGS VOICED A VERBAL "NAY" - 4 3 - ORDINANCE UPON APPLICATION OF RED ROOF INNS, R01182498 FOR A CONDITIONAL USE PERMIT FOR A 109-UNIT MOTEL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Red Roof Inns, Inc., for a Conditional Use Permit for a 109-unit motel on pro- perty located 591 feet East of the intersection of Newtown Road and Greenwich Road, running a distance of 385 feet along the Northern property line, running a distance of 430 feet along the Eastern property line, running a distance of 166 feet in a Westerly direction, running a distance of 270 feet in a Northerly direction, running a distance of 217 feet in a Westerly direction and running a distance of 166 feet along the Western property line. Said parcel contains 2.4 acres. BAYSIDE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. City water and sewer. 2. Installation of an automatic sprinkler system that meets the approval of the City Fire Protection Engineer. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of November, 1982. - 4 4 - ITEM II-G.5 ITEM #19131 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the Planning Commission and permit WITHDRAWAL of the application of OLIVER F. REDD, JR., for a Conditional Use Permit as per the following: Ordinance upon application of Oliver F. Redd, Jr., for a Conditional Use Permit for a medical office (Osteopathic Physician) on property located on the North side of 22nd Street, 110 feet East of Mediterranean Avenue and known as Lot C, Block 55, as shown on Map 6, Virginia Beach Development Company, and located at 513 22nd Street. Parcel contains 6098 square feet. VIRGINIA BEACH BOROUGH. Voting: 11-0 Council Members Voting Aye: (for withdrawal) John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Votin@, Nay: None Council Members Absent: None - 4 5 - ITEM 11-G.6 ITEM # 19132 Sam Scott 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 JOHN C. ASPINWALL, Ill, for a Conditional Use Permit subject to the DELETION of the following condition: Installation of an automatic sprinkler system meeting the approval of the City Fire Protection Engineer. ORDTNANCE UPON APPLICATION OF JOHN C. R01182499 ASPINWALL, 111, FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES BE TT ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of John C. Aspinwall, ITI, for a Conditional Use Permit for mini-warehouses on certain property located on the West side of Rosemont Road beginning at a point 181.74 feet South of the Virginia Beach-Norfolk Toll Road, running a distance of 156.56 feet along the West side of Rosemont Road, running a distance of 136.52 feet in a Westerly direction, running a distance of 175.01 feet in a Soutberly direction, running a distance of 471.02 feet along the Southern property line, running a dis- tance of 460.44 feet along the Western property line, running a distance of 350.34 feet along the Northern property line, running a distance of 199.97 feet in a Southerly direction and running a distance o.@ 245.07 feet in an Easterly direction. Said parcel contains 4.81 acres. LYNNHAVEN BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. City water and sewer. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of November, 1982 4 6 - Voting: 1 1-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 4 7 - ITEM II-G.7 TTEM # 19133 Mr. William Vogle, representing Gate Petroleum Company, spoke in favor Upon motion by Councilman Jones, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of GATE PETROLEUM COMPANY for a Conditional Use Permit as per the following: ORDINANCE UPON APPLTCATION OF GATE PETROLEUM R01182500 COMPANY FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATTON BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA: Ordinance upon application of Gate Petroleum Company for a Conditional Use Permit for an automobile service station on certain property located on the South side of Virginia Beach Boulevard beginning at a point 200 feet more or less West of Highway Lane, running a dis- tance of 200 feet along the South side of Virginia Beach Boulevard, running a distance of 144.74 feet along the Western property line, running a distance of 200 feet along the Southern property line and running a distance of 144.74 feet along the Eastern property line. Said parcel contains 28,948 square feet. LYNNHAVEN BOROUGH. Approval is subject to the following condition in conjunction with the intended use of the land: 1. City water and sewer. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of November, 1982. 4 8 - Voting: I 1-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 4 9 - ITEM II-G.8 ITEM #19134 F. C. Hodgson, representing Miller Oil Company, Inc., spoke in favor. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of MILLER OIL COMPANY, INC., for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF MILLER OIL R01182501 COMPANY FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SERVICE STATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Miller Oil Company, Inc., for a Conditional Use Permit for an automobile service station on property located at the Southwest corner of Poplar Point Road and North Great Neck Road, running a distance of 130.17 feet along the West side of North Great Neck Road, running a distance of 125 feet along the Southern property line, running a dis- tance of 150 feet along the Western property line, running a distance of 105.17 feet along the South side of Poplar Point Road and running around a curve a dis- tance of 31.25 feet. Said parcel contains 18,750 square feet. LYNNHAVEN BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. City water and sewer. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Second day of November, 1982. This application was voted to be EXPEDITED from the Planning Commission to City Council September 27, 1982. 5 0 - Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 5 1 - ITEM II-C.9 ITEM # 19135 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council voted to uphold the recommendation of the Planning Commission and ADOPT the Ordinance to amend and reordain Article 6, Section 602(e) of the Comprehensive Zoning Ordinance pertaining to Maximum Density in the A-1 Apartment District. Voting: I I -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 5 2 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6, SECTION 602(e) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO MAXIMUM DENSITY IN THE A-1 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 6, Section 602, Minimum Lot Area, Lot Width, Yard Spacing, Recreation Space, and Maximum Density, Height, and Lot Coverage Resulations, of the C.Z.O. be amended and reordained in part as follows: (e) Maximum density rating for multiple family, s@iggle-fam@ly3-duplex, seHic-detaehedl and attached dwellings shall be twelve (12) dwelling units per gross acre. A minimum of 725 square feet of permanent recreation space shall be provided for each dwelling unit. Lot coverage for attached dwellings on individual lots shall not exceed forty (40) percent. For all other dwellings, the maximum lot cover- age shall not exceed thirty (30) p6rcent. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of Novembet 1982. T 11122182 - 5 3 - ITEM II-G.10 ITEM #19136 Attorney Kalezis D. Kalezis represented the applicant Upon motion by Councilman Jennings, seconded by Councilman Kitchin, City Council voted to DEFER the petition of PETER J. GUALENI AND JOSEPH J. GUALENI for the closure of a portion of an alley in the Lynnhaven Borougb. Voting: 11-0 Council Members Voting Aye: (for deferral) John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 5 4 - 0 R D I N A N C E S ITEM II-H. I TTEM #19137 COUNCILWOMAN CREECH LEFT COUNCIL CHAMBERS David Herson, Host of the Resort Satellite Communications Program entitled IMPACT, spoke in behalf of the Franchise. Upon motion by Councilman Heischober, seconded by Councilman Jennings, City Council voted to APPROVE the Ordinance amending and extending the Franchise of Resort Satellite Communications, Inc. . Voting: 10 -0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, 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 5 5 - AN ORDINANCE TO AMEND AND EXTEND THE FRANCHISE OF RESORT SATELLITE COMMUNICATIONS, INC. WHEREAS, on March 2, 1981, the Council of the City of Virginia Beach, Virginia, awarded to Resort Satellite Communications, Inc., a franchise for the right and privilege to construct, operate, and maintain a cable television system within a certain portion of the Beach Borough of the City of Virginia Beach; and WHEREAS, Resort Satellite Communications, Inc., has requested an amendment, to and extension of the aforesaid franchise; and WHEREAS, public notice of such amendment and extension has been given in accordance with State statute. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: . That the following amendmen:t to ahd extension of the aforesaid franchise is hereby granted to Resort Satellite Communications, Inc.: @ 1. The franchise shall be in accordance with the CATV Ordinance which was adopted by the Council of the City of Virginia Beach, Virginia, on March 17, 1975, with the following exceptions. a. Subparagraph 6C, describing the initial service area, shall be limited to the Borough of Virginia Beach (Beach Borough) as it existed on September 1, 1982, and along 19th Street, outside of said Beach Borough, to its intersection with Birdneck Road. b. Subparagraph 6E shall be deleted. C. Paragraph 13 of the CATV Ordinance shall be applicable to this franchise but subparaqraphs 13A and 13B shall be amended to read as follows: 13. Security Fund A. Within thirty days after the acceptance of this franchise, the Grantee shall deposit with the City Treasurer and maintain on deposit through the term of its franchise the sum of $2,000 in cash and in addition shall post a construc- tion performance bond in favor of the City of Virginia Beach 5 6 - in the amount of $100,000. The cash deposit shall serve as security for the faithful performance by the Grantee of all of the provisions of this ordinance, except those pertaining to construction of the system and compliance with all orders, permits, and directions of any agency of the City having jurisdiction over its acts and defaults under this ordinance, and the payment by the Grantee of any claims, liens, and taxes due the City which arise by reason of the operation or maintenance of the system. The construction performance bond shall serve as security for the faithful performance by the Grantee of all provisions of this ordinance pertaining to the construction of the system and shall be in such form and with such surety as approved by the City Attorney. The construc- tion performance bond shall be reduced in pro rata increments based upon capital investment. The reduction and accompanying capital investments are as follows: Construction Capital Bond Net Percentaqe Cost (000) Reduction Bond Step 1 25 250 20,000 80,000 Step 2 50 500 20,000 60,000 Step 3 75 750 20,000 40,000 Step 4 100 1,000 20,000 20,000 Upon completion of construction as required by the franchise, the Grantee shall maintain an operating performance bond in the amount of $20,000 for the duration of the franchise. Application for bond reduction may be made to the City Manager's office. Doc6mentation of capital investment must accompany this request. Such do6umentation may be reviewed in accord with section 9, paraqraph C, and section 11, paragraph B. B. Within thirty days after notice to it that any amount has been withdrawn from the security fund deposited pursuant to paragraph A of this Section, the Grantee shall pay to or deposit with the City Treasurer a sum of money sufficient to restore such security fund to the oriqinal amount of $2,000. 2. Notwithstanding paragraph 9A, the Grantee shall compute the franchise fee on gross revenues, and with the understanding that any increase in the franchise fee would be considered as an added expense and, therefore, would be passed onto the consumer, either as an add-on to the bill or as a part of the rate base. Furthermore, the Grantee agrees that it will support an application to the FCC when and if City Council, after further study and deliberation on.its issue, decides to request an increased franchise fee of either four or five percent. 3. The fifteen-year period of duration for the franchise shall be deemed to run from date of adoption of this ordinance of amendment and extension. This ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on November 22, 1982 RHM/da 9/22/82, 9/30/82, 10/11/82, (A) -2- - 5 7 - ITEM IT-H.2 ITEM # 19138 COUNCTLWOMAN CREECH RETURNED TO COUNCIL CHAMBERS Dr. Clarence A. Holland, Chairman, Hampton Roads Cultural Action Plan, spoke in favor of the proposed Ordinance. R. Bradshaw Pully spoke in behalf of HRCAP Captain Jewell spoke in behalf of HRCAP The following spoke in opposition: James W. Roebuck, Chairman, Arts and Humanities Commission Francis Musick, Arts and Humanities Commission Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council voted to ADOPT the Ordinance to transfer funds of $7,000 from the General Fund Reserve for Contingencies as a contribution to the Greater Hampton Roads Cultural Action Plan. Voting: 9-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Reba S. McClanan Council Members Abstaining: Meyera E. Oberndorf Council Members Absent: None - 5 8 - AN ORDINANCE TO TRANSFER FUNDS OF $7,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES AS A CONTRIBUTION TO THE GREATER HAMPTON ROADS CULTURAL ACTION PLAN WHEREAS, City Council recognizes the economic impact as well as the cultural values of the arts, and WHEREAS, the Greater Hampton Roads Cultural Action Plan Committee, composed of leaders in business, the arts, local government and education, has recommended that a seven month cultural development plan be undertaken for the Hampton Roads area, and WHEREAS, the plan will strengthen-Virginia Beach cultural organizations and explore new uses of cultural resources, and WHEREAS, the Committee is requesting $7,000 from the City of Virginia Beach to help fund this Plan, and WHEREAS, funds are available from Reserve for Contingencies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $7,000 be transferred from the General Fund Reserve for Contingencies to the City Council budget as a contribution to the Greater Hampton Roads Cultural Action Plan. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 22nd day of November 1982. - 5 9 - A P P 0 I N T M E N T S ITEM II-I.1 ITEM #19139 Consideration of appointments to the INCINERATOR SITE DEVELOPMENT COMMITTEE was rescheduled to a future Council Meeting. U N F I N I S H E D B U S I N E S S ITEM 11-J.1 ITEM #19140 The City Clerk advised Council of the Abstract of Votes for the General Election of November 2, 1982, in the Agenda Package for their perusal and will be made a part of these proceedings. ITEM II-J.2 ITEM #19141 Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council voted to EXPEDITE the application of LA QUINTA INNS for a Conditional Use Permit to be heard by the Planning Commission on December 14, 1982, and by City Council on December 20, 1982. Voting: 9 - 2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr.,* Mayor Louis R. Jones**, Robert G. Jones,*-* W. H. Kitchin, III,--*** Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: None *COUNCILMAN JENNINGS VOICED A VERBAL "AYE" **MAYOR JONES VOICED A VERBAL "AYE" *** COUNCILMAN JONES VOICED A VERBAL "AYE@' ****COUNCILMAN KITCHTN VOICED A VERBAL "AYE" 6 0 - ABSTRACT OF VOTES cast in the CountylCify of Virginia Beach Virgiiiia, al the General Election held the first Tuesday after the first Monday in Noveinber, 19@2 , fo,. MEMBER UNITED STATES SENATE T.t@l V.t,, R@c@i,@d N.@.. f C.@,did.t. (I. Fig.,@) Richard J. "Dick" Davis 24,566 Paul S. Trible, Jr. 34,730 Wr i te- I ns Robin Atler 1 Admiral H a r r i ra i n i Cora Lee Tuc@er 2 @in @lama Roger McBride Benedict Arnold L George Hanbury I Gary Szymanski I S i s i key Floyd L lemple Jim Kincaid Owen Pickett Failwell We, the undersigned Electoral Board, upon examination of the 6fficial records deposited in the office of the Clerk of the Circuit Court of the election held on November 2nd 19 8 2 ,do hereby certify that the above is a true and correct Abstract of Votes cast at said Election for a Member of the Senate in the Congress of the United States. Given under our hands this 4th day of November, 19 8 2 Chairman Vice Chairman A c@py teste: Secretary Secretary, Electoral Board 1 11 2 2 / 8 2 - 6 1- e CountylCitY of Virginia Beach Vii-ginia, ABSTRACTOF VOTEScastin th at the General Election held the first Tuesday after the first Monday in No vettiber, 19@2 , for MEMBER HOUSE OF REPRESENTATIVES Second DISTRICT T.t@l V-t- Nm@. f C.ndid@t@@ Fig.m@) G. William Whitehurst 47,964 r.t, ns Dick 1 Elmer Fred 1- Char e R'.,hrd Frle I J . Chr i st I Bett I Henry D. McCoY Mickey Mouse 3 J r r Gr cia 3 He,r',e tt. Ehl@ I 1 2 4 Ga rf i el Col. Fre Drew Parkbill (continued on reverse side) We, the undersigned Electoral Board, upon --ination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2nd , 19 8 2, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this 4 t h day of November, 19 8 2 Chairman Vice Chairman A copy t,,te: Secretary Secretary, Electoral Board 1 1 j 2 2j 8 2 - 6 2 - ABSTRACT OF VOTFS cast i@t tlie CountylCity of Virginia Beach Virgirlia, at tIzeSpecialElection hel(i thefirst TuesdayafterthefirstAlonday innovei@iber, 19 82 for MEMBER OF THE HOUSE OF DELEGATES -...Eighty-first DISTRICT T@t.1 V.t@s N@.. f C..did@t@@ Owen B. Pickett 5,517 Melvin M. Spence 4,025 Write-ins David Read Dzwonborkz 2 IVe, thc undersigned Electoral Board, upon e.):aniination of the official record@ deposited with the Clerk of the Circiiit Court of the election held on November 2nd 1912 do hereby certify that the above is a tme atid correct A bstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this 4th day of November, 19-L, . Chairn7aii Vice Chairtitan Secretarv A copy rest,: Secretary, b.'Iectoral Board I I j 2 2 / 8 2 - 6 3 - ABSTPACT OF VOTI,,S cast in the CountylCYti, of Virginia Beach Virginia, attheSpecialEIc,cti()iiheldthefirstTtiesdayafterthefirstAfondayinNovember, 19 82 f@, MEMBER OF THE HOUSE OF DELEGATES Eighty-sec nd DISTRICT T.t@l V.t,@ N@... f C@.did@t. (I. Fig.,,s) W. R. "Buster" O'Brien 1 3 2 8 9 W r i t e - I n s John H. Lox I George Stagg ernard I:r @en r, H.. I@ow Donald Duck Mickey Motise Henrietta K Echols iohn Muss Steve Wallaert Erin Sk i n n e r 5yl7x "?ry r. M I ton M n Donald F. Bennis John D. Vassar S r Reid Ervin No name fVe, rhe undersigned Electoral Board, upon exaniiiiatioti of the official record@ deposited with the Clerk of the Circuit Court of tlie election held on November 2nd 19@2, do hereby certifj, that the above is a true atid correct Abstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this 4th day of November, I 9 2 Chairniaii Vice Chairiiiati A copj, t,@t,: Secretarv Secretary, I,,I(,ctoralB,)ard I 1 j 2 2 j 8 2 - 6 4 - ABSTRACT OF VOT[,S cast in the CountylCYty of Virginia Beach Virgitiia, at theSpeciatElection held thefirst TuesdayafterthefirstMonday inNoven2ber, 19 82 for MEMBER OF THE HOUSE OF DELEGATES Eighty-third DISTRICT T.t.1 V.t@, N@ ... @@ f C@.did@t. (I. Fig.,.) J. W. "Billy" O'Brien 5,488 Daniel H. Templeton 4,543 W r i t e - I n s Aaron Burr I We, the undersigned Electoral Board, upon exaniination of the official record@ deposited with the Clerk of the Circuit Court of the election held ot? Noveniber 2nd 19@2 do hereby certify that the above is a tnic atid correct Abstract of Votes cast at said election formember of the House of Delegates. Given under our hands this 4th day of November, 19@2 Chairmait Vice Chairman A copj, test,: Seerctarv Secretary, '.-lec toral Board 1 1 / 2 2 / 8 2 - 6 5 - ABSTRACT OF VOTES cast in the CountylCYty of Virginia Beach Virgiftia, attheSpeciatElectionheldthefirstTtiesdayafterthefirstMoitdayiriNovember,19 82 for MEMBER OF THE HOUSE OF DELEGATES Eighty-fourth DISTRICT T.t@l V.t@s R,@iv@d f C..did@t,@ (I. Fig.,,@@) Glenn B. McCianan 5,935 w r i t e - I n s Jeremiah Denton 1 James Ghee I Nobody I James T. Brew aka James Brew 2 Jessie Ratley 1 Alfred E. Newman I No Name I fVe, the undersigned Electoral Board, upoti e.,caniittation of the official recordi deposited with the Clerk of the Circuit Court of the election held on November 2nd 2 , 19@, do hereby certify that the above is a true aild correct A bstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this 4th day of November, I 9 2 Chairmait Vice Chairniati A copy t,@t,: Secretary Secretary, P,@lectoral Board IIJ22j82 - 6 6 - ABSTRACT OP VOTES cast iti tlie County1cyty of Virginia Beach Virgillia, at tlie SpecialElection held thefirst Tuesdaj, after tliefirstafonday it, November, 19 8 2 , for MEMBER OF THE HOUSE OF DELEGATES Eighty-fifth DISTRICT Julie L. Smith 6,231 F. Gordon Harper 6,o62 Charles L. Bowman 505 W r j t e - i n s Marilyn Stem I F. T. Holland 1 Thomas Cave 1 Marlene J. Hager I R. B. Engesser I John Richmond Bruner I Richard Thompson I 14'e, the undersigned Electoral Board, upon exaniiiiation of the official recordi deposited with the Clerk of the Circuit Court of the election held on November 2nd 2 , 19-L, do hereby certify that the above is a true alid correct Abstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this 4 t h day of Noveniber, 19-L, . Chairinati Vice Chairmaii Secretary A c@py te,t,. Secretary, Flectt)ral Board 1 1122j82 - 6 7 - ABSTRACT Or VOTES cast in ilie ColintylCity of Virginia Beach Virgiiii(l, al the Special Election held Novettiber 2, 1982 for PROPOSED CONSI'ITUTIONAL AMENDMENTS QUESTION 1: Sliall tlie Coiistitiition of Virginia be amended to cliange the inforination rcqtiired to register to vote by deleting marital status aild occupation and by including ally prior legal naine? Total Votes Recei@ed YES 2 9 , 5 1 7 NO 23,045 QUESTION 2: Shall Section I of Article 11 of the Constitution of Virginia be amended to authorize restoration of civil rights to felons as may be provided by general law? Total Votes Received YES 15,910 NO 36,607 QUESTION 3: Shall the Constitution of Virgi@a be amended to authorize the General Assembly to limit the introduction of legislation in the odd-year short session? Total Votes Received YES 15,200 NO 35,366 We, the undersigned Electoral Board, upon examination of the official records deposited in the office of the Clerk of the Circuit Court of the election held on November 2, 1982, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the proposed amendments to the Constitution of Virginia. Given under our hands this 4th day of November, 19, Chairman Virp Chairman A copy teste: CTOIUL OARD ),,cretary, Electoral Board (SEAL@ I lj 2 2 /82 6 8 - ABSTRACT OF VOTES cast in the County/City of Virginia Beach Virginia, at the Special Election held November 2, 1982 for SUNDAY CLOSING LAW Question: Shall the various work, sales and business activities presently prohibited on Sunday by Sec. 18.2-341 of the Code of Virginia (commonly known as the Sunday Closing Law) be allowed in the City of Virginia Beach? Total Votes Received Yes 22,786 No 3 6 , 7 8 4 We, the un de rs i gned El ec to ra I Board,' upon exam i na t ion of the official records deposited in the office of the Clerk of the Circuit court of the election held on November 2, 1982, do hereby certify that the above is a true and correct Abstract Of Votes cast at said election for and against the proposed referendum. Given under our hands this fourth -day of November, 19 82. Chairman Vice Chairnian Secretary llj22-j82 - 6 9 - ITEM II-J.3 ITEM #19142 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPOINTED Councilmen Robert G. Jones and J. Henry McCoy, Jr., D.D.S., as Delegate and Alternate, respectively, to the National League of Cities Conference.* Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Councilmen Jones and McCoy were appointed Delegate and Alternate as Mayor Jones and Councilman Heischober are unable to attend the Conference. 11/22/82 - 7 0 - N E W B U S I N E S S ITEM II-K.1 ITEM #19143 Upon motion by Councilman Baum, seconded by Councilman Kitchin, City Council voted to DEFER until December 6, 1982, the application of McDonald's franchise at 28th Street and Atlantic Avenue for approval of their addition to a nonconforming structure. Voting: 11-0 Council Members Voting Aye: John A. Baum,* Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,* and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *COUNCILMAN BAUM VOICED A VERBAL "AYE" *COUNCILMAN McCOY VOICED A VERBAL "AYE" - 7 1 - ITEM 11-K.2 ITEM #19144 Thomas Kyrus represented the applicant Sam Houston advised he "polled" the Executive Committee of the Birdneck Civic League and they approve the request of Steve Frazier for construction of a median opening and left-turn lane on Laskin Road for the proposed development of the Birdneck Office Condominiums. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council voted to APPROVE the request of Steve Frazier for construction of a median opening and left-turn lane on Laskin Road for the proposed development of the Birdneck Office Condominiums. The left-turn lane will be constructed at the owner's expense. Voting: I 1-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 7 2 - ITEM II-K.3 ITEM #19145 Mrs. Delores Delaney, representing PTA, spoke before Council and advised the PTA sponsored interviews of some 30 citizens who indicated their interest in becoming members of the Virginia Beach School Board. ITEM II-K.4 ITEM # 19146 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council voted to begin their regular meeting of December 13, 1982, at 11:30 a.m. (INFORMAL SESSION) so they might hear a presentation by the Atlantic Avenue Beautification Commission. Voting: I I -0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 7 3 - ITEM II-K.5 ITEM # 19147 Upon motion by Councilwoman Creech, seconded by Councilman Jones, City Council voted to hold a JOINT SPECIAL MEETING with the Chesapeake City Council on Tuesday, November 23, 1982, 12:00 Noon, at the Pavilion for the purpose of discussing Real Estate Acquisition, Legal and Financial Matters concerning Water Alternatives. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None - 7 4 - ITEM II-K.6 ITEM # 19148 Mayor Jones entertained a motion to permit Council to RECESS into EXECUTIVE SESSION pursuant to the exemptions from opening meetings allowed by Section 2.1-344 Code of Virginia, as amended, for the purpose of discussing Personnel Matters. Upon motion by Councilwoman McClanan, seconded by Vice Mayor Henley, City Council voted to RECESS into EXECUTIVE SESSION (12:07 a.m.) for the purpose of discussing Personnel Matters, after which to adjourn. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones*, W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: None A D J 0 U R N M E N T ITEM II-L.1 ITLIM #19149 Upon MoLion duly made aiid secoiidld, City Council adjourned at 12:40 a.m.(Novcmber 23, 1982). Diane M. Hickman, DepuLy CiLy Clerk R Mayor Lou y l@. Jolics City of Virginia Beach, Virginia 22 November 1982 dmh/etd