HomeMy WebLinkAboutNOVEMBER 8, 1982 MINUTES
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES, B.y@id@ B .... gb
VICE-MAYOR BARBARA M. HENLEY, P..g. B.,..gh
IOII,V A. SAUM, B.-.gb
NANCY A. CREECif. At L.,g.
HAROLD IIEISCIIOBER, Af L.,g,
U. JACK JENNINGS, JR., Ly..b.... B.@.gh
ROBERT G. JONES, Al L.,g@
W. 11. KITClilN, Ill, Vigi.i,l R@.@b
REBA S. @1,CLAI;AN. P,i.,@@. A..@ B .... sh
1. liENRY AI,COY. JR., K..p..ill@ B.... gh 212 CITY HALL BUILDING
MEYERA E. OBTRNDORF, At L.,g@ MUNICIPAL CE,'ITER
VIRGINIA BEACII, VIRGINIA 23456
RUTH HODGES SMITH, CMC, City Cl@,k (804) 427-4303
CITY COUNCIL AGENDA
November 8, 1982
ITEM I INFORMAL SESSION: 12:30 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 MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. CZO Amendment Regarding Commercial Vehicular Parking:
Discussion by Mr. Robert J. Scott, Director of the
Department of Planning.
2. Request by Greater Hampton Roads Cultural Action Plan
Committee for Funding.
3. Request for Expedition of Use Permit Application of
Community Services Board for Alcohol Detoxification
4. Request for Expedition of Subdivision Variance Application
of Langley and McDonald for Wind Sail Point Subdivision.
5. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend William C. Hoffman
Pastor
Saint Bride's Episcopal Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF *IERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of the Regular Meeting
November 1, 1982.
2. Motion to accept/approve the Minutes of the Special Meeting
November 2, 1982.
E. PRESENTATION
1. Resolutions of Appreciation
a. E. E. Brickell, Ph. D. Transportation Safety Commission
b. Robert W. Waddell, M.D. Transportation Safety Commission
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 discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Resolution of Appreciation to E. E. Brickell, Ph.D.
2. Resolution of Appreciation to Robert W. Waddell, M.D.
3. Resolution setting forth Council's policy concerning
certain conditions or restrictions voluntarily offered
by the landowner in conjunction with zoning changes.
4. Resolution endorsing the City of Virginia Beach 1983
Legislative Proposals.
5. Resolution authorizing the City Manager to execute a
deed of easement for dedications and vacations regarding
Lynnhaven Mall.
6. Ordinance to amend and reordain Section 2-208(c) of the
Code of the City of Virginia Beach related to the
approval and disbursement of expenditures for capital
facilities.
7. Ordinance to amend and reordain Section 37-5 of the Code
of the City of Virginia Beach pertaining to mandatory
connections.
8. Ordinance, on SECOND READING, to appropriate funds of
$7,000 for the establishment of a Tidewater Virginia
Alcohol Safety Action Program (TVASAP) Office at the
Virginia Beach Traffic Court.
ITEM II F. CONSENT AGENDA (Cont'd)
9. Ordinance, on FIRST READING, to accept and appropriate
funds from the Southeastern Virginia Areawide Model
Program (SEVAMP).
10. Ordinance to transfer FY 82 Revenue Sharing funds of
$167,200 and 1981 Charter Bond Funds of $455,000 to
certain Capital Projects.
11. Ordinance to transfer appropriations within the Depart-
ment of Data Processing to convert certain equipment
from rent to purchase or lease/purchase and to acquire
additional equipment.
12. Low bid of A & W Contractors, Inc., in the amount of
$311,220.74, for the General Booth Boulevard Sanitary
Sewage Force Main; AND, authorize the City Manager to
enter into the necessary agreements for the implementation
of this project.
13. Low bid of M. E. Wilkins, Inc., in the amount of
$138,960.01, for the County and Kempsville Utility
Systems Improvements Contract III;
Low bid of Luke Construction Company, Inc., in the amount
of $197,000.00, for the County and Kempsville Utility
Systems Improvements Contract II;
Low bid of Luke Construction Company, Inc., in the
amount of $179,000.00, for the County and Kempsville
Utility Systems Improvements Contract I; A-ND, authorize
the City Manager to enter into the necessary agreements
for the implementation of this project.
G. PLANNING ITEMS
1. Application of Roland W. Storbeck for a change of zoning
from B-1 Business-Residential District to B-2 Co@unity-
Business District on a 17,859.6-square foot parcel
located along the north side of Princess Anne Road,
west of Glebe Road (Princess Anne Borough).
(This item was deferred on 9/27, 10/11, and 11/1/82.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Application of Mrs. -G. J. Gulbranson and Mrs. Nancy Vest
for a change o@zoning from R-5 Resident a@l District to
R-8 Residential District on a 9.91-acre parcel;
AND, a change of zoning from R-5 Residential District to
B-2 Community-Business District on a 4.44-acre parcel.
These sites are located along the north side of Providence
Road, east of Indian River Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of Leah Waitzer and Richard M. Waitzer for a
change of zoning from A-2 Apartment District to A-3
Apartment District on a 13.16-acre parcel locat d@along
the north side of old Donation Parkway, west of First
Colonial Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for oval.
ITEM II G. PLANNING ITEMS (Cont'd)
4. Application of James E. Herndon for a change of zoning
from B-2 Communitv-Business District to I-1 Light
Indu t@ri 1 DistricCon-a 18,T50-square foot parcel
located at the northeast intersection of Cleveland
Street and Dorset Avenue (Bayside Borough).
a. Letter from the City Manager transmits the
reconunendation of the Planning Commission
for approval.
5. Application of James E. Herndon for a conditional use
permit for a collection depot for recyclable materials
on an 18,750-square foot parcel located at the north-
east intersection of Cleveland Street and Dorset Avenue
(Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of Marshall C. Munden for a conditional use
permit for a le-family dwelling in the AG-1
Agricultural District on a 2.55-acre parcel located
north of Princess Anne Road, northwest of the Princess
Anne/Public Landing Roads intersection (Pungo Borough).
a. Letter from the City Manager transmits the
recoEmendation of the Planning Commission
for approval.
7. Ordinance to amend and reordain Article 4, Section 401(b)
of the Comprehensive Zoning Ordinance pertaining to use
regulations for roadside stands in the agricultural
districts.
(This item was deferred for two weeks on 10/25/82.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
8. Ordinance to amend and reordain Article 2, Section 203(c)
of the Comprehensive Zoning Ordinance pertaining to off-
street parking requirements for coemercial vehicles.
(This item was deferred for two weeks on 10/25/82.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
H. APPOINTMENTS
1. Old Incinerator Site Development
I. UNFINISHED BUSINESS
ITEM II J. NEW BUSINESS
1. CZO Amendments Regarding Country Inns:
a. Article 1, Section III
b. Article 4, Section 401(a)
C. Article 4, Section 404
2. Proposed Code Amendment Section 35-38 -
Suits in Equity to Enforce Liens for Delinquent Taxes
3. Mr. Leo Penne, Executive Director of the Co=ittee for
Intergover=ental Tax Equity, will discuss payments in
lieu of taxes for federal tax exempt property
K. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
8 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, 8 November 1982,
at Twelve-Thirty in the afternoon.
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, III, Reba S. McClanan, J. Henry McCoy,
Jr., and Meyera E. Oberndorf
Council Members Absent:
None
THE MAYOR'S SIGNATURE IS ON THE ORIGINAL
MINUTES IN OUR BOUND MINUTE BOOKS
- 2 -
ITEM #19010
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, per-
formance, demotion, salaries, disciplining or resignation
of public officers, appointees or employees.
2. PUBL-ICLY HELD PROPERTY: Duscission or consideration
of be cndi lo@n, acquisition or use of real property for
public purpose, or of the disposition of publicly held
property, or of plans for the future of an institution
which could affect the value of property owned or
desirable for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public
funds where competition or bargaining is involved,
where if made public initially the financial interest
of the governmental unit would be adversely affected.
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.
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 CODE SECTION 2-83 ITEM #19011
The Mayor advised that City Code Section 2-83, pertaining to
City holidays, states under item nine "one-half of a regular
work day on the 24th day of December, Christmas Eve, will be
allowed except when Christmas Eve falls on a Friday, Saturday
or Sunday" and requested Council's pleasure on the matter.
It was the consensus of Council to grant employees a holiday
on Friday, December 24, 1982.
COUNCIL POLICIES ITEM #19012
The Mayor advised that several Council Members have requested a
Council Policy Document and appointed Councilman Baum to work
with the City Clerk on this matter and report back to Council.
IIMC BOARD OF DIRECTORS ITEM #19013
The Mayor advised that the City Clerk has been asked to serve
on the Board of Directors of the International Institute of
Municipal Clerks for a term of three (3) years.
The Mayor acknowledged this was an honor for the City of Virginia
Beach and asked Council's pleasure.
It was the consensus of the Members of City Council to support the
Clerk in her nomination at the International Institute of Municial
Clerks in May of 1983.
M A T T E R S B Y C 0 U N C I L M E M B E R S
LEGISLATIVE PACKAGE ITEM #19014
Councilman Jennings advised the Legislative Package was under
the CONSENT AGENDA and requested it be "pulled" to provide
Council time to meet with the City's newly elected Legislators
during a Council workshop.
This matter will be discussed in the FORMAL SESSION.
-4 -
LANDS END ASSOCIATES/DAVID AND TINA ELLIS ITEM #19015
Councilman Heischober advised that during the Council Meeting of
November 1, 1982, Lands End Associates requested the closure of
a portion of Indian Avenue and David and Tina Ellis requested the
closure of an undeveloped 30-foot right-of-way. Each of these
requests had the condition:
"Compliance with the above-stated conditions within
180 days, and final approval by City Council should
not take place until all conditions."
The Planning Director advised it was his understanding that the
180 day policy would require the applicants to return to Council
for final approval of their closure requests provided all con-
ditions have been adhered to.
DRUNK DRIVING TASK FORCE ITEM #19016
Councilman Heischober advised on Friday, November 5, 1982, he
attended the Drunk Driving Task Force Forum in Richmond, Virginia
and noted that President Reagan signed into Law the "Barnes Bill"
which will allocate $600,000 to the State of Virginia provided a
"piece of legislation is passed through the General Assembly".
Four "qualifiers" are required. Virginia has three. When the
fourth "qualifier" is received the $600,000 will be available to
Localities for implementation of Programs such as the City's
Tidewater Virginia Alcohol Safety Action Program. Alexandria,
Virginia, will have a Task Force Study on this matter.
Councilman Heischober noted that 25,000 persons are killed each
year by drunk drivers. Governor Robb has formed a Task Force
and a Member of the Virginia Beach Police Department is appointed
to that Task Force.
STATE/FEDERAL LEGISLATION ITEM #19017
Councilman Jones advised the CITIZENS COMMITTEE TO STUDY THE IMPACT
OF STATE AND FEDERAL LEGISLATION will hold its first meeting on
Tuesday, November 9, 1982 in the Conference Room. During this
meeting the City Manager's Staff will brief the Committee on what
its investigation has been among the City Departments regarding
the impact of City Mandates.
On Wednesday, November 10, 1982, the first meeting of the various
Regional Chairmen of the Committees will be held in Portsmouth City
Hall at 4:00 p.m. Approximately seven (7) Cities irl Hampton Roads
will be participating.
- 5 -
JLARG STUDY ITEM #19018
Councilman Jones advised the JLARC Study Staff will be presenting
its first presentation today (November 8, 1982) in Richmond,
Virginia, to the JLARC Commission. David M. Grochmal, Assistant
to the City Manager for Intergovernmental Relations, attended the
meeting.
Councilman Jones advised he would like to see the Commission change
from the allocation formula for the expenditure of highway con-
struction funds to an acceptable "Definition of Need".
COUNCIL MATTERS ITEM #19019
Councilman Baum requested "the matters for discussion by Council
be saved until the FORMAL SESSIONS of City Council".
NEW HOMESIFIREPLACES ITEM #19020
Councilwoman Oberndorf requested the City Manager provide Council
with an explanation concerning the construction of new homes and
how they are inspected with regard to fireplaces.
The City Manager advised a memorandum will be provided Council
today (November 8, 1982).
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 1 T E M S
COMMERCIAL VEHICULAR PARKING ITEM #19021
The City Manager introduced Robert J. Scott, Planning Director,
who reported on the Comprehensive Zoning Ordinance Amendment re-
garding Commercial Vehicular Parking.
Mr. Scott provided a slide presentation for Council "in hopes of
clarifying some of the issues that have been discussed at great
length, both by the Planning Commission and City Council, concernin
this proposed Amendment".
-6 -
There is a problem in the enforcement of the Code as it exists
now. Commercial vehicle parking in residential neighborhoods
is enforced by a weight restriction of one ton. However, due to
licensing procedures, vehicle gross weight figures can be altered.
The proposed Amendment would regulate commercial vehicle parking
in residential neighborhoods not only by weight but also by height
and length.
Robert Loher, Director, Department of Permits and Inspections, spoke
on this matter.
This matter is on the FORMAL AGENDA under PLANNING ITEMS.
GREATER HAMPTON ROADS CULTURAL ITEM #19022
ACTION PLAN COMMITTEE
The City Manager advised the Greater Hampton Roads Cultural Action
Plan Commission is requesting the City of Virginia Beach contribute
$7,000 towards the cost of funding the Plan and Dr. Clarence A.
Holland was present to answer any questions of Council.
Funding has been received from the following with the amounts
being based upon the population of the City.
Portsmouth - $2,000
Norfolk - $7,000
Suffolk - $1,000
James W. Roebuck, Chairman, Virginia Beach Arts and Humanities
Commission, spoke on this matter.
This matter will be placed on the Council Agenda of November 15,
1 9 8 2 .
COMMUNITY SERVICES BOARD/LANGLEY
AND @ICDONALD ITEM #19023
The City Manager advised two requests have been received for
expediting Planning Items:
1. Community Services Board for an Alcohol
Detoxification Facility Site
2. Langley and McDonald for a Subdivision
Variance for Wind Sail Point Subdivision
These matters will be heard by the Planning Commission on December 14,
1982, and the applicants are requesting they be expedited by City
Council on December 20, 1982.
These requests will be on the FORMAL AGENDA under NEW BUSINESS.
- 7 -
REVIEW CONSENT AGENDA ITEM #19024
The City Manager advised on the CONSENT AGENDA he would like to
have Item II-F.11 (the Ordinance to transfer appropriations within
the Department of Data Processing to convert certain equipment from
rent to purchase or lease/purchase and to acquire additional equip-
ment) deferred indefinitely.
SPECIAL MEETING/BONDS ITEM #19025
The City Manager advised he would like Council to call a Special
Meeting on Tuesday, November 16, 1982, at Twelve Noon, to receive
bids for the sale of Bonds.
This matter will be on the FORMAL AGENDA under NEW BUSTNESS.
SOUTHERN INDUSTRIAL DEVELOPMENT COUNCIL ITEM #19026
The City Manager advised that A. James DeBellis, Director, Department
of Economic Development, has been elected President of the Southern
Industrial Development Council. The SLDC held its annual Conference
in Virginia Beach the weekend of November 5, 1982.
HIGHWAYS AND TRANSPORTATION ITEM #19027
The City Manager advised Council of a memorandum from the Virginia
Department of Highways and Transportation advising of a Design
Public Hearing on the Great Neck Road Extension from Shorehaven
Drive to Shore Drive on December 8, 1982, 7:00 p.m., at Cox High
School. The City Staff will be in attendance. Councilmen Jennings
and Jones will represent City Council.
I I / 88 2
- 8 -
FAULTY FIREPLACES ITEM #19028
At the request of Councilwoman Oberndorf the City Manager read the
following memorandum from Robert R. Loher, Director, Department of
Permits and Inspections, regarding Faulty Fireplaces:
"Tn reference to the recent problem discovered
with some fireplaces in the Green Run section
of the City, our preliminary findings are that
the fireplaces have pulled away from the framing
members thus leaving an open space for fire
exposure. (These are "O" clearance units).
"Settlement of the fireplace unit is where it
appears to have caused the openings to develop.
"The firestopping that was mentioned in the news
article is not the cause of the fire, but a 'stop'
in the chase area of the flue at the second floor
or attic area.
"The homes in this area are 5 to 7 years old, the
warranty on fireplaces under the Homeowners
Warranty (H.O.W.) is for two (2) years."
Mr. Loher spoke on this matter and he advised his office would be
investigating to determine whether the developers have complied
with the City Code.
TRAILER PARKS ITEM #19029
Councilman Kitchin made reference to a memorandum to the City
Manager concerning the discontinuance of refuse collection
service to Trailer Parks. The action is being taken as a result
of many problems in the operation of large refuse vehicles along
the private streets within trailer parks. The City has experienced
damage to its equipment, private property and potential injuries to
children wbo regularly play in these private streets.
City Council RECESSED into EXECUTIVE SESSION, (1:50 p.m.)
11/8/82
- 9 -
F 0 R M A L S E S S I 0 N
VIRGTNIA BEACH CITY COUNCIL
Virginia Beach, Virginia
8 November 1982
2:20 p.m.
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, III, Reba S. McClanan, J. Henry McCoy,
Jr.* D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: The Reverend William C. Hoffman
Rector
Saint Bride's Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN McCOY LEFT COUNCIL MEETING AT 2:26 p.m.
-10-
M I N U T E S
ITEM II-D.1/2 ITEM #19030
Upon motion by Councilwoman Creech, seconded by Councilman Jones,
City Council voted to APPROVE the Minutes of the Regular Meeting
of November 1, 1982;
AND, the Special Meeting of November 2, 1982.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 1 1 -
P R E S E N T A T I 0 N S
TTEM II-E.I.a/b ITEM #19031
Mayor Jones presented the following Resolutions of Appreciation:
E. E. BRICKELL, Ph.D - TRANSPORTATION SAFETY COMMISSION
(1968-1982)
ROBERT W. WADDELL, M.D. - TRANSPORTATTON SAFETY COMMISSION*
(1968-1982)
RESOLUTION OF APPRECIATION
TO
E. E. BRICKELL, Ph.D
WHEREAS, E. E. Brickell has served as a member of
the Transportation Safety Commission from 1968 to 1982; and,
WHEREAS, E. E. Brickell has served willingly and
untiringly in behalf of the City of Virginia Beach; and,
WHEREAS, his dedication and unselfish service
involved personal sacrifices and inconveniences, not only
to him, but frequently to his family and/or business; and,
WHEREAS, we trust he realized satisfaction in
successfully administering in his advisory capacity not
only to City Council, but to the citizens of this fast
growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes this record of more than fourteen
(14) years of distinguished service in publicly expressing its
sincere gratitude for his contribution of time, energy and
in tellect .
BE IT FURTHER RESOLVED: That this Resolution of
Appreciation be made a part of the proceedings of the Formal
Session of City Council this Eighth day of November 1982, in
the City of Virginia Beach, Virginia.
Given under my hand and seal this
Eighth day of November, Nineteen
Hundred and Eighty-Two.
1 2 -
RESOLUTION OF APPRECIATION
TO
ROBERT W. WADDELL, M.D.
WHEREAS, Robert W. Waddell has served as a member of
the Transportation Safety Commission from 1968 to 1982; and
WHEREAS, Pobert W. Waddell has served willingly and
untiringly in behalf of the City of Virginia Beach; and
WHEREAS, his dedication and unselfish service involved
personal sacrifices and inconveniences, not only to him, but
frequently to his family and/or business; and,
WHEREAS, we trust he realized satisfaction in success-
fully administering in his advisory capacity not only to City
Council, but to the citizens of this fast growing metropolis.
NOW THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes this record of more than fourteen
(14) years of distinguished service in publicly expressing its
sincere gratitude for his contribution of time, energy and
intellect.
BE IT FURTHER RESOLVED: That this Resolution of
Appreciation be made a part of the proceedings of the Formal
Session of City Council this Eighth day of November 1982, in
the City of Virginia Beach, Virginia.
Given under my hand and seal this
Eighth day of November, Nineteen
Hundred and Eighty-Two.
Mayor
*DR. WADDELL WAS UNABLE TO ATTEND THE COUNCIL MEETING TO RECEIVE
HIS RESOLUTION
- 1 3 -
C 0 N S E N T A G E N D A
II-F ITEM #19032
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the CONSENT AGENDA by ONE MOTION with the
exception of ITEM 11-F.4 which will be voted on separately AND
ITEM II-F.11 which will be DEFERRED INDEFINITELY.
Voting: 10 -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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 14 -
ITEM II-F.1/2 ITEM #19033
Upon motion by Councilman Baum, seconded by, Councilman Heischober,
City Council voted to ADOPT the Resolutions of Appreciation to:
E. E. BRICKELL, Ph.D - TRANSPORTATION SAFETY COMMISSION
(1968-1982)
ROBERT W. WADDELL, M.D. - TRANSPORTATION SAFETY COMMISSION
(1968-1982)
Voting: 10-0
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. R.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 1 5 -
ITEM II-F.3 ITEM #19034
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Resolution setting forth Council's policy
concerning certain conditions or restrictions offered by the
landowner in conjunction with zoning changes.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 1 6 -
The regular meeting of the Council of the City of
Virginia Beach, Virginia, was held in the Council Chamber of the
Administration Building on the 9tn day of November
1982.
On Motion by Councilman Baum and seconded by
Councilman HeischobETr the following Resolution was
adopted.
R E S 0 L U T I 0 N
WHEREAS, the City of Virginia Beach has adopted a
Comprehensive zoning Ordinance; and
WHEREAS, from time to time landowners file applications
with the Planning Department of the City of Virginia Beach to have
the Zoning Ordinance amended; and
WHEREAS, such requests for zoning changes are often
accompanied by certain conditions or restrictions voluntarily
offered by the landowners.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT it shall be the policy of the City of Virginia
Beach that such conditions or restrictions voluntarily offered by
the landowner shall only be considered when such restrictions or
condtions are submitted in writing to the Planning Department at
the time the application for rezoning is submitted.
THAT in the event an application for rezoning is heard
by the Planning Commission and an offer of such conditions or
restrictions is made during the public hearing such application
may be deferred, by the Planning Commission, until such time as
the conditions or restrictions are submitted in writing.
THAT the Council of the City of Virginia Beach will not
consider any conditions or restrictions, associated with the
rezoning application, unless such conditions or restrictions are
in written and recordable form and approved as to form and
sufficiency by the City Attorney's Office.
Adopted by the Council of the City of virginia Beach,
Virginia, on November 8, 1962 6PPROV@D @,T&C@,E@T
SIGNATURE
MTS/re DIPARTAIENT
10/29/82 Isi
11/3/82 APP, @o@ TO FORM
RES.2
CIT@,4TT-l,EY
- 1 7 -
ITEM II-F.5 ITEM #19035
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to udhold the recommendation of the City
Manager and ADOPT the Resolution authorizing the City Manager
to execute a deed of easement for dedications and vacations
regarding Lynnhaven Mall.
Voting: 10 -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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
I I8 8 2
- 18 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 8th day Of November 1982.
on motion by Councilman Baum and seconded by
Councilman Heischober the following esolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, prior to the construction of Lynnhaven Mall, certain
easements were dedicated to the City of Virginia Beach for the
construction of certain drainage and utility facilities; and
WHEREAS, during the course of construction, it was necessary
to locate certain drainage and utility facilities in areas outside
of the easement; and
WHEREAS, it is necessary that new easements be dedicated to
the City of Virginia Beach and that certain existing easements be
vacated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a
deed of easement which dedicates new drainage and utility easements
across the property of Lynnhaven Mall where drainage and utility
facilities have been constructed and which vacates the easement
dedicated to the City of Virginia Beach by deed recorded in the
Office of the Clerk of the Circuit Court of the City of virginia
Beach, Virginia, in Deed Book 2020, at Page 520.
Adopted by the Council of the City of Virginia Beach, Virginia,
on November 8. 1982
CMS/Ci
10/28/82
(A-6)
APP'C,iED AS TZ)
DEPARftAE@14T
@D AS TO
C",
- 1 9 -
ITEM II-F.6 ITEM #19036
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to amend and reordain Section
2-208(c) of the Code of the City of Virginia Beach relating to
the approval and disbursement of expenditures for capital facilities.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 20 -
Requested by: City Manager
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-208(c) OF THE CODE OF THE
CITY OF VIRGINIA BEACH RELATED TO
THE APPROVAL AND DISBURSEMENT OF
EXPENDITURES FOR CAPITAL FACILITIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 2-208(c) is amended and reordained
to read as follows:
(c) The director of finance shall not expend
any funds for the construction of, or additions to capital
facilities without the project having been authorized by
ordinance er-reselution of the city council.
This ordinance shall be effective -@rom date
of i-Is adoption.
ADOPTED: November 8, 1982
JDB:er
11-3-82
7 ICC, I=@
C,T,
- 2 1 -
ITEM II-F.7 TTEM #19037
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to amend and reordain Section
37-5 of the Code of the City of Virginia Beach pertaining to
mandatory connections.
Voting: 10 -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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 2 2 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-5 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
MANDATORY CONNECTIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 37-5 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 37-5. Mandatory connections.
(a) The owner of any dwelling or other building in
which human beings live or congregate shall, whenever a public
water line is made available by the city, connect such building
or dwelling with such water line within one year after such line
becomes available. The date of availability shall be that on
which notice is given by any publication or by mailing or
delivering notice to the affected property. However, the
director of public health may require connection within sixty
(60) days if, in his opinion, a health hazard exists.
(b) It shall be unlawful for any person to occupy,
lease or rent any premises which is not connected to a water line
as required by this section. Each day of occupancy or use of any
premises in violation of this section shall constitute a separate
and distinct offense.
(c) The fees prescribed by this article shall be due
from the date the water connection is required pursuant to this-
section, and no connection shall be made to the public water
system until such fees have been paid.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th day of November 1982.
RHM/da
(D)
11/3/82 -FO O,@il-IT
- 2 3 -
ITEM II-F.8 ITEM #19038
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City
Manager and ADOPT ON SECOND READING the Ordinance to appropriate
funds of $7,000 for the establishment of a Tidewater Virginia
Alcohol Safety Action Program (TVASAP) Office at the Virginia
Beach Traffic Court.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 2 4 -
AN ORDINANCE TO APPROPRIATE FUNDS OF
$7,000 FOR THE ESTABLISHMENT OF A
TIDEWATER VIRGINIA ALCOHOL SAFETY
ACTION PROGRAM (TVASAP) OFFICE AT THE
VIRGINIA BEACH TRAFFIC COURT
WHEREAS, the number of Driving Under the Influence (DUI)
arrests in Virginia Beach has increased, resulting in an increase
in the clerical workload of the Virginia Beach Traffic Court, and
WHEREAS, the Virginia Beach General District Court has
requested that TVASAP establish an office within the court to
assist the court with Alcoholic Safety Action Program (ASAP)
cases, and
WREREAS, TVASAP has determined that the cost to establish
an office including furniture and office machines is $7,000, and
WHEREAS, funds may be appropriated for the cost of the office
from the TVASAP Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $7,000 be appropriated from the Fund
Balance of TVASAP to establish a TVASAP office in the Virginia
Beach Traffic Court.
This ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach on the
8th day of November 19 8 2
First Reading: November 1, 1982
Second Reading: November 8 , 1 9 8 2
- 2 5 -
ITEM 11-F.9 ITEM #19039
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City
Manager and APPROVE ON FIRST READING the Ordinance to accept
and appropriate funds from the Southeastern Virginia Areawide
Model Program (SEVAMP).
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
2 6 -
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS FROM THE SOUTHEASTERN VIRGINIA
AREAWIDE MODEL PROGRAM (SEVAMP)
WHEREAS, the Department of Health has determined a need to con-
tinue providing for the health related problems of elderly individuals, and
WHEREAS, the Department of Mental Health and Mental Retardation
(MH/MR) has determined a need to continue providing temporary substitute care
for elderly individuals while their family members are absent, and
WHEREAS, the SEVAMP has awarded the Department of Health $28,402
and the Department of MH/MR $13,950 to provide their above respective services,
and
WHEREAS, City Council has already included the $28,402 for the
Department of Health in the FY 82-83 Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed to accept
the award and enter into the necessary contractual agreements for the city;
funds are hereby appropriated in the amount of $13,950 for the Department of
Mental Health and Mental Retardation.
BE IT FURTHER ORDAINED that t@e appropriations will be financed by
$13,950 estimated revenue from SEVAMP.
FIRST READING: November 8, 1982
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1982.
... APPROVED AS TO CC14T'CNT
SIGNATURE
DEPARTMENT
A@@ A r Tp F @i
CITY AT--ORNEY
- 2 7 -
ITEM 11-F.10 ITEM #19040
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to transfer Fiscal Year 1982
Revenue Sharing funds of $167,200 and 1981 Charter Bond funds
of $455,000 to certain Capital Projects.
Voting: 10-0
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, ITT, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 2 8 -
AN ORDINANCE TO TRANSFER
FY 82 REVENUE SHARING FUNDS OF
@167,200 AND 1981 CHARTER BOND FUNDS
OF $455,000 TO CERTAIN CAPITAL,,PROJECTS
WEEREAS, on November 1, 1982, City Council adopted the
FY83-FY87 Capital.Improvement Program (CIP), and
WHEREAS, it was indicated at the workshop session on the
CIP that several transfers of available funds would need to be
made to accommodate certain projects desired by Council.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH
That 1982 Revenue Sharing funds of $167,200 not needed for
the Central Library site acquisition be transferred to the
following projects:
3-500 Fire Station #18 (Green Run) $128,000
3-931 Parks and Recreation Office
Renovation 39,200
Be it further ordained that 1981 Charter Bond funds of
$200,000 not needed for the Central Library site acquisition
and $255,000 allocated for additional parking at Pavilion be
transferred to the following projects:
3-302 Pavilion $200,000
3-950 District Court Addition 155,000
4-921 Garden Park-Incinerator Site 100,000
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach on
the Eighth day of November 1982.
APPpOVED AS TO CONT@@,14T
REPAR-IM'LNT
A5 TO FOPtl
- 2 9 -
ITEM II-F.11 ITEM #19041
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recotnmendation of the City
Manager and DEFER INDEFINITELY the Ordinance to transfer appropriations
within the Department of Data Processing to convert certain
equipment from rent to purchase or lease/purchase and to
acquire additional equipment.
Voting: 10-0
Council Members Voting Aye: (defer indefinitely)
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:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
30 -
AN ORDINANCE TO TRANSFER APPROPRIATIONS
WITHIN THE DEPARTMENT OF DATA PROCESSING
TO CON'VERT,CERTAIN EQUIPMENT FROM RENT TO
PURCHASE 6R LEASE/PURCHASE AND TO ACQUIRE
ADDITIONAL EQUIPMENT
WHEREAS, the Department of Data Processing has recently
experienced substantial increases in rental costs on certain
equipment, and
WHEREAS, an analysis converting this equipment from rental
to lease/purchase and purchase indicates the conversion will
reduce the department's FY 82-83 costs by $26,997 from rental
of $125,217 to lease/purchase and purchase of $98,220,a;ad
WHEREAS, the Department of Data Processing also desires
to utilize $16,997 of the cost savings to lease/purchase new
equipment to improve its operating ability, and
WHEREAS, the rpm-ining $10,000 of savings can be transferred
to the General Fund Reserve for Contingencies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that appropriations of $115,217 be reallocated
in the Department of Data Processing to permit the purchase
and lease/purchase of data processing equipment and funds of
$10,000 be transferred to the General Fund Reserve for Contingencies.
Adopted by the Council of the City of Virginia Beach,Virginia
on the day of , 1982.
This ordinance shall be effective from the date of its
adoption.
First Reading:
DEFERRED INDEFINITELY: November 8, 1982
APP,? OVED AS TO CONTENT
S 1 C-4 A -@ L,'.-, E
DEPARTME4T
D @-1, Tq FCJZNA
"'T 1-
- 3 1 -
ITEM II-F.12 ITEM #19042
The following bids have been received for the General Booth
Boulevard Sanitary Sewage Force Main (CIP 6-919):
A & W Contractors, Inc. $311,220.74*
A. Stanley Mundy & Company $320,708.50
Carter-Bell Corporation $327,330.00
VICO Construction Corporation $332,976.70
Utility Builders, Inc. $367,087.50
W. R. Hall, Jr., Contractor $370,602.50
Chesapeake Bay Utilities, Inc. $381,790.00
A. Stuart Bolling Company, Inc. $388,385.00*
Warbler Construction Company, Inc. $388,792.50
M. E. Wilkins, Inc. $395,503.55
Suburban Grading & Utilities, Tnc. $404,295.00
Inner-View, Ltd. $453,346.40
ENGINEER'S ESTIMATE $504,750.00
Upon motion by Councilman Baum, seconded by Councilman Heischober,
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 $311,220.74 for the General Booth Boulevard
Sanitary Sewage Force Main (CTP 6-919) AND authorized the City
Manager to enter into the necessary agreements for the
implementation of this project.
Voting: 10-0
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. B.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*Original total adjusted due to mathematical error by contractor
- 3 2 -
ITEM 11-F.13 ITEM #19043
The following bids have been received for the County and Kempsville
Utility Systems Improvements Contracts I, II and III (CIP-6-924):
CONTRACT ITI
M. E. Wilkins, Inc. $138,960.01
Utility Builders, Inc. $140,350.05
Carter-Bell Corporation $153,217.50
A & W Contractors, Inc. $158,483.37
Inner-View, Ltd. $160,462.35
Suburban Grading and Utilities, Inc. $164,012.45
W. R. Hall, Jr., Contractor $164,811.60
VICO Construction Corporation $193,149.34
A. Stuart Bolling Company, Inc. $207,920.90
Woodington Electric, Inc. $467,898.71
ENGINEER'S ESTIMATE $179,000.00
CONTRACT 11
Luke Construction Company, Inc. $197,000.00
Crowder Contracting Company, Inc. $198,700.00
Hunt Contracting Corporation $200,505.00
Van de Riet Construction Company, Inc. $212,000.00
Woodington Electric, Inc. $268,088.00
ENGINEER'S ESTIMATE $178,000.00
CONTRACT I
Luke Construction Company, Inc. $179,000.00
Crowder Contracting Company, Inc. $188,700.00
Hunt Contracting Corporation $204,400.00
Van de Reit Construction Company, Inc. $212,000.00
Woodington Electric, Inc. $262,028.00
ENGTNEER'S ESTIMATE $173,000.00
- 3 3 -
Upon motion by Councilman Baum, seconded Councilman Heischober,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the following bids for the County and
Kempsville Utility Systems Improvements Contracts I, II and III
(CIP 6-924):
CONTRACT Ill
M. E. Wilkins, Inc, in the amount of $138,960.01
CONTRACT II
Luke Construction Company, Inc., in the amount of
$197,000.00
CONTRACT I
Luke Construction Company, Inc., in the amount of
$179,000.00
AND authorized the City Manager to enter into the necessary
agreements for the implementation of this project.
Voting: 10-0
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. B.
Kitchin, IIT, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 3 4 -
ITEM 11-F.4 ITEM #19044
Councilwoman McClanan made a motion, seconded by Councilman
Heischober, to DEFER ONE WEEK (November 15, 1982) the 1983
Legislative Package to permit Council to consider and return
with proposed changes to the Package.
Councilman Jennings offered an AMENDMENT to the MAIN MOTION,
seconded by Councilwoman Oberndorf, to DEFER to permit
invitations to be extended to the Virginia Beach Legislators
to attend a workshop to discuss the Legislative Package on
Monday, November 15, 1982, at 9:00 a.m.
The recorded vote on the AMENDMENT is as follows:
Voting: 5-5
Council Members Voting Aye: (for Amendment)
Nancy A. Creech, Harold Heischober H. Jack
Jennings, Jr., Reba S. McClanan*, ;nd Meyera
E. Oberndorf
Council Members Voting Nay:
John A. Baum, Vice Mayor Barbara M. Henley, Mayor
Louis R. Jones, Robert G. Jones, and W. H. Kitchin,
iii
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*COUNCTLWOMAN McCLANAN VOICED A VERBAL "AYE" FOR THE AMENDMENT
- 3 5 -
The recorded vote on the MAIN MOTION is as follows:
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 36 -
P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #19045
Upon motion by Councilwoman McClanan, seconded by Councilman
Heischober, City Council voted to DEFER the application of
ROLAND W. STORBECK for a Change of Zoning District Classification
to permit the Planning Commission to review the principal uses
within the B-1 zoning with reference to TV sales and repairs. The
application will return when the Ordinance concerning this matter
is placed on the Council Agenda.
Ordinance upon application of Roland W. Storbeck for
a Change of Zoning District Classification from B-1
Business-Residential District to B-2 Community-
Business District on property located on the North
side of Princess Anne Road beginning at a point 1150
feet West of Glebe Road, running a distance of 114.20
feet along the North side of Princess Anne Road,
running a distance of 160.56 feet along the Western
property line, running a distance of 115.37 feet along
the Northern property line and running a distance of
160.27 feet along the Eastern property line. Said
parcel contains 17,859.6 square feet. PRTNCESS ANNE
BOROUGH.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 3 7 -
ITEM II-G.2 ITEM #19046
Attorney Gil Holt represented the applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman
McClanan, City Council voted to DENY the applications of Mrs. G.
J. GULBRANSON AND MRS. NANCY WEST for Changes of Zoning District
Classification as per the following:
Ordinance upon application of Mrs. G. J. Gulbranson
and Mrs. Nancy Vest for a Change of Zoning District
Classification from R-5 Residential District to R-8
Residential District on property located 360 feet
Northeast of the intersection of Providence Road
and Indian River Road, running a distance of 755.18
feet along the Western property line, running a
distance of 559.52 feet along the Northern property
line, running a distance of 1001.66 feet along the
Eastern property line and running a distance of 740
feet along the Southern property line. Said parcel
contains 9.91 acres. KENPSVILLE BOROUGH.
Ordinance upon application of Mrs. G. J. Gulbranson
and Mrs. Nancy Vest for a Change of Zoning District
Classification from R-5 Residential District to B-2
Community-Business District on certain property lo-
cated on the North side of Providence Road beginning
at a point 290 feet more or less East of lndian River
Road, running a distance of 568 feet along the North
side of Providence Road, running a distance of 290
feet along the Eastern property line, running a distance
of 740 feet along the Northern property line, running a
distance of 40 feet in a Southerly direction, running a
distance of 145 feet in an Easterly direction and
running a distance of 210 feet in a Southerly direction.
Said parcel contains 4.44 acres. KEMPSVILLE BOROUGH.
3 8 -
Voting: 8- 1
Council Members Voting Aye: (for denial)
John A. Baum, Rarold Heischober, Vice Mayor Barbara
M. Henley, Mayor Louis R. Jones, Robert C. Jones, W.
H. Kitchin, 111, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Abstaining:
Nancy A. Creech
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 3 9 -
ITEM II-G.3 ITEM #19047
Attorney Richard Broudy represented the applicant
Nelson Sabin, Great Neck Association of Civic Leagues, spoke
on this.
Councilman Jennings made a motion, seconded by Councilman Heischober,
to uphold the recommendation of the Planning Commission and APPROVE
the application of LEAH WAITZER AND RICHARD M. WAITZER for a Change
of Zoning Distric-t Classification provided the additional units are
constructed by the standards of the Virginia Housing Development
Authority.
Voting: 5-5
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, H. Jack
Jennings, Jr., Mayor Louis R. Jones, and
Robert G. Jones
Council Members Voting Nay:
John A. Baum, Vice Mayor Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
DUE TO A TIE VOTE, THE MOTION WAS LOST.
- 40 -
ITEM #19047(a)
Upon motion by Councilman Jennings, seconded by Councilman Baum,
City Council voted to reschedule the application of LEAH WAITZER
AND RICHARD M. WAITZER for a Change of Zoning District Classifi-
cation for the next regular meeting of City Council when all
Members of Council are present. (November 22, 1982)
Voting:@ 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 4 1-
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 West of First
Colonial Road, 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 pro-
perty line. Said parcel contains 13.16 acres. LYNNHAVEN
BOROUGH.
- 4 2 -
ITEM 11-G.4/5 ITEM #19048
THIS ITEM AND II-G.5 WERE VOTED ON AS ONE
James E. Herndon spoke in behalf of his application
Upon motion by Councilman Heischober, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of JAMES E. HERNDON for
a Change of Zoning District Classification AND a Conditional Use
Permit as per the following:
ORDINANCE UPON APPLICATION OF JAMES E. Z01182683
HERNDON FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 COMMUNITY-BUSINESS
DISTRICT TO I-1 LIGHT INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of James E. Herndon for a
Change of Zoning District Classification from B-2
Community-Business District to I-I Light Industrial
District on property located at the Northeast inter-
section of Cleveland Street and Dorset Avenue. Said
parcel is known as Lots 20, 21, 22, 42, 43 and 44,
Block 41, Euclid Place, and contains 18,750 square
feet. BAYSIDE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. City water and sewer.
2. Resubdivision of the property and vacation of
the existing lot lines to avoid the creation
of nonconforming lots.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the Eighth day of November,
1983.
- 4 3 -
ORDINANCE UPON APPLICATION OF JAMES E. R01182495
HERNDON FOR A CONDITIONAL USE PERMIT
FOR A COLLECTION DEPOT FOR RECYCLABLE
MATERIALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of James E. Herndon for a
Conditional Use Permit for a collection depot for re-
cyclable materials on property located at the Northeast
intersection of Cleveland Street and Dorset Avenue.
Said parcel is known as Lots 20, 21, 22, 42, 43 and 44,
Block 41, Euclid Place, and contains 18,750 square feet.
BAYSIDE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. City water and sewer.
2. Resubdivision of the property and vacation
of the existing lot lines to avoid the
creation of nonconforming lots.
3. Compliance with City Fire Protection Code.
4. All materials are to be collected in a fully
enclosed building
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the Eighth day of November,
1983.
4 4 -
Voting: 10 -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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 4 5 -
ITEM II-G.6 ITEM #19049
COUNCILMAN JONES LEFT COUNCIL CHAMBERS
Marshall Munden spoke in behalf of his application
Upon motion by Vice Mayor Henley, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of MARSHALL C. MUNDEN for
a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF MARSHALL C. R01182496
MUNDEN 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 Marshall C. Munden for
a Conditional Use Permit for a single-family dwelling
in the AC-1 Agricultural District on certain property
located 800 feet more or less North of Princess Anne
Road beginning at a point 1175 feet more or less
Northwest of the intersection of Princess Anne Road and
Public Landing Road, running a distance of 621.2 feet
along the Southern property line, running a distance of
148.8 feet along the Western property line, running a
distance of 704.5 feet along the Northern property line
and running a distance of 214 feet along the Eastern
property line. Said parcel contains 2.55 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 Eighth day of November,
1 9 8 3 .
4 6 -
Voting: 9 -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, W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and J. Henry McCoy, Jr., D.D.S.
- 4 7 -
ITEM II-G.7 ITEM #19050
Steve Barnes, Grain Farmer, spoke on the proposed Ordinance
Upon motion by Councilman Jennings, seconded by Councilwoman
@IcClanan, City Council voted to uphold the recommendation of
the Planning Commission and ADOPT the Ordinance to amend and
reordain Article 4, Section 401(b) of the Comprehensive
Zoning Ordinance pertaining to use regulations for roadside
stands in the agricultural districts. This was deferred for
two weeks on October 25, 1982.
Voting: 9 - 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, W. H. Kitchin, iii,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and J. Henry McCoy, Jr., D.D.S.
-4 8 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, SECTION 401(b)
OF THE CO@IPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
I FOR ROADSIDE STANDS
IN THE AGRICULTURAL DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA:
That Article 4, Section 401(b), Accessory uses and structures, of the C.Z.O.
be amended and reordained in part to read as foliows:
(b) Accessory uses and structures. Uses and structures which are
customarily accessory and clearly incidental and subordinate to
principal uses and structures, including, but not limited to:
(1) In connection with agricultural use, no more than one (1)
roadside stand for sale of agricultural products produced
by the operator of the roadside stand, provided that:
(i) no such stand shall exceed five hundred (500) square
feet in floor area;
(.ii) no stand shall be erected within twenty (20) feet of
the property line fronting any street;
(iii) the operator of the stand must be the owner or operator
of the agricultural property on which the stand is
located and the produce sold from the stand shall have
been produced by the operator of the stand;
(iv) at least 50% by value of the produce sold from the
stand shall have been produced on the lot or parcel
on which the stand is located.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
8th day Of November 1982.
- 4 9 -
ITEM IT-G.8 TTEM #19051
COUNCILMAN JONES RETURNED TO COUNCIL CHAMBERS
Boyce Webb spoke in favor of the proposed ordinance
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to DEFER the ordinance to amend
and reordain Article 2, Section 203(c) of the Comprehensive
Zoning Ordinance pertaining to off-street parking requirements
for commercial vehicles for an indepth study on both on-street
and off-street parking of commercial vehicles.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
5 0 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 203(c)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO OFF-STREET PARKING REQUIREMENTS
FOR COMMERCIAL VEHICLES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 203(c), Commercial vehicular parking, of the
C.Z.O. bb amended and reordained to read as follows:
203. Off-Street Parking Requirements
(c) For vehicles designed or intended to carry goods or
perform services in corimerce (but not including
passenger cars or other vehicles designed primarily
to haul passengers), no more than one (1) such vehicle
per dwelling unit shall be parked on any lot in a
residential or apartment district, provided that such
vehicle shall not exceed one ton capacity and shall
not exceed 7 feet in height or 18 feet in length, and
provided further that such vehicle sliall not be kept
or parked on a lot in a residential or apartment
district except by a person who resides on that lot.
This restriction shall not apply to commercial vehicles
during the normal conduct of business or in tile delivery
or provision of a service to a residential area.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1982.
DEFERRED; November 8, 1982
APPP.0)(ED AS TO CONTE;4T
5 I G NVU.R E
DEPART,'A,*T
APPN
S!h,'4ATURE
C"YATTORNEY
- 5 1 -
A P P 0 I N T M E N T S
ITEM II-H.1 ITEM #19052
Consideration of the appointments to the OLD INCINERATOR SITE
DEVELOPMENT was deferred and will be rescheduled.
N E W B U S I N E S S
ITEM II-J.1 ITEM #19053
Upon motion by Councilwoman McClanan, seconded by Vice Mayor
Henley, City Council voted to REFER:
Ordinance to amend and reordain Article 1,
Section Ill of the Comprehensive Zoning
Ordinance pertaining to definition of
Tourist Home
Ordinance to amend and reordain Article 4,
Section 401(a) of the Comprehensive Zoning
Ordinance pertaining to use regulations for
Country Inns
Ordinance to amend and reordain Article 4,
Section 404 of the Comprehensive Zoning
Ordinance pertaining to off-street parking
requirements
to the Planning Commission for their review AND the "Country inn"
definition be added to the Comprehensive Zoning Ordinance, "Tourist
Home" definition be left intact and apply the "Country inn" as a
Conditional Use Permit rather than as a principal use; and further
to expedite this Amendment to the Comprehensive Zoning Ordinance
from Planning Commission on December 14, 1982 to City Council on
December 20, 1982.
5 2 -
Voting: 10 -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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
5 3 -
Requested by: Councilmember @IcClanan
AN ORDINANCE TO ;OIEND AND REORDAIN
ARTICLE 1, SECTION.111 OF TIJE
CO,%SPREHENSIVE ZONING ORD114ANCE
PERTAINING TO DEPINITIOZ4 OF TOURIST
HOME
BE.-IT ORDA@-NED BY:THE COUNCIL OF TliE CITY OF VIRGTNIA
BEACH, VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O.
be amended and reordained in part as tollows:
Country Inn Tatri:sfd-Home. A build ing in which not more
than five (5) rooms are provi dging transients, for
ded for lo
compensatioii, for daily or iieekly terips, with or witho'ut board,
In conjunction with @,lhich antiques may ):)e sold at retail as an
accessory use. hlo such rooms shall have an entrance or exit tr@ the.
otitside of the building, and no such room shall exceed three hundred
(300) square teet in tloor area.
diSt-ingui-shed-f
s7
Adopted by the Council 6f the city of Virginia Beach,
Virginia, on
cms./Cj
10/22/82
10/24/82
10/26/82
(B)
REFERRED TO T'HE PLANNING COMMISSION: November 8, 1982
-5 4 -
RequeSted by: Councilmember @IcCianan
AN ORDIIQANCE TO AL-ILIND AND REORDAIN
ARTICLE 4, SECTION 401(a) OF TliE
CO,'@IPRFLIfENSIVE ZONING ORDINANICE
PERTAINING TO USE REGULATIONS FOR
COUNTRY :[',\INS
BE-.IT ORDAIN7D BY-THE COUNCIL OF THE CITY OF VIRGINIA
BEACHI VIRGINIA:
That'Article 4, Section 401(a)
r Principal Uses and
Structures, Of th.e C-2-0., be amended:and reordained by adding a neII7
SL)bSection (10) aS
.Ollows:.
@ounr,, nns,,p
s
.1 n
Adopted by t.he Council of the CitY Of Virginia Beacli,
Vlrginia, on
10/22/82
10/2//U2
(B)
REFERRED TO T'dE PL.ANNING COMMISSION: :November 8, 1982
5 5 -
.. ......... .
Requested by: CounCilmember @ICCIanan-'
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, SECTION 404 OF THE
COPIPREHENSIVE ZONING ORDINANCE
PERTAINING TO OFF-STREET:PARKING
REQUIREMENTS
BE IT 0
RDAINED By THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:.
That Article 4, SeCtion 404, Off-street parking
.requirements of the C.Z.o., be amended and reordained a s'
follows:
Section
404.' Off-street par'king requirements.
Within an AG-1 Agricuitural District, the f.01 lo@,?ing
sp.eCified uses shall comply with'the Off-street parking requirements
-designated therefor:
(a) Animal hospital, pound, shelter, commercial kennel:
At least one space per tour huncrea (4UO) square t.eet ot tloor
space; Provided thatc there shall be no less than four (4) par)cing
spaces;
(b) Botanical and zoologi'cal gardens: At le'ast one space
per ten thousand (IOROOO) square feet of lot area;
(c) Countrlv Inn: At least one space er room Drovided
for lod ing transients.
Churches: At least
o'ne space per five (5) seats or
bench seating in the main auditorium;
@d (@e) Convalescent or nursing home: At le'ast one space per
four (4) patient beds;
te+(f) College-or university: At least one space per five
(5) seats in the main-auditorium or five (5) spaces per classroom,.
whichever is greater;
bwellings: At least two (2) spaces per dwelling
unit,
11/8j82
5 6 -
Fraternity or sororily liouse, student dormitory: At
least one space per ti4o (2) lodging units or one space per tliree (3)
occul?ants, whichever is greate@;
ih@(i). Golf coutses: At least'five (5) spaces per hole on
the main course;
-half (2.5).spaces per
Hospital: At least two and one
patient bed;
fk@(1) Lodging units: At least bne space for each.lodging
unit;
(in) Museums and a.rt galleries: Not less thah ten (10)
spaces and an additional space for each three-hundred (300) square
feet of floor area or fraction thereof in excess of one thousaiid
(1,000) square feet;
i-m+(n) Uses permissible'under conditional use permits shall
comply with the off-street parking requirements specified in the
cohditional use permit.
Adopted by the Council of the City of Virginj@a Beach,
Vitginia, on
C)4S/da
10/26/82
(B.1)
REF@RRED TO THE PLANNING COMMISSION: November 8, i982
- 5 7 -
ITEM II-J.2 ITEM #19053
Upon motion by Councilwoman McClanan, seconded by Councilman
Heischober, City Council voted to ADOPT the Ordinance to
amend and reordain Section 35-38 of the Code of the City of
Virginia Beach, Virginia, pertaining to suits in equity to
enforce liens for delinquent taxes.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 5 8 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-38 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO SUITS IN EQUITY TO ENFORCE LIENS
FOR DELINQUENT TAXES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 35-38 of the Code of the City of Virginia
Beach is hereby amended and reordained as follows:
Section 35-38. Suits in equity to enforce liens for
delinquent taxes.
(a) Pursuant to article 8 of chapter 21 of title 58
(section 58-1117.1 et seq.) of the Code of Virginia, the city
attorney may institute and conduct, in the name of the city, all
necessary and proper suits in equity for the purpose of enforcing
all the liens of the city for real estate taxes on any real
estate on which taxes are delinquent and unpaid for a period of
three (3) years or more, exclusive of the then current year.
(b) The city attorney is hereby authorized to appoint
such special assistants to the city attorney as are necessary for
the specific purpose of instituting suits for the enforcement of
liens of the city for real estate taxes. Such special assistants
to the city attorney shall be compensated from the proceeds of
the enforcement of the lien.
(c) No more than sixty (60) days and no less than
thirty (30) days prior to the initiation of any legal proceedings
under this section, notice shall be mailed to the record owner of
any such real estate at his last known address as listed in the
tax records of the city, and to his current address as listed in
the telephone directory if it is different from the address
listed in the tax records.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of November 1982.
MES/sm ASTO "ol
1 0/2 7/82
(D)
- 5 9 -
ITEM II-J.3 ITEM #19054
Mr. Leo Penne, Committee for Intergovernmental Tax Equity,
spoke on Federal tax exempt property and advised the Federal
Government owned one-third of the Country's land area, owning
more than 25,000 installations, owning 2-,-million square feet
of floor area, etc.
City Council directed the City Manager to evaluate the potential
of the Committee for Intergovernmental Tax Equity (CITE); and
further to discuss this matter with the School Superintendent
with final recommendation to City Council pertaining to the
City's participation in this program.
ITEM TT-J.4 ITEM #19055
Upon motion by Councilman Baum, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the City Manager and EXPEDITE:
Request for expedition of use permit application
of Community Services Board for Alcohol
Detoxification Facility Site
Request for expedition of Subdivision Variance
Application of Langley and McDonald for Wind
Sail Point Subdivision
to be heard by the Planning Commission on December 14, 1982 and
by City Council on December 20, 1982.
Voting: 10 -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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 60 -
ITEM II-J.5 ITEM #19056
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to hold a SPECIAL MEETTNG on Tuesday,
November 16, 1982, at 12:00 Noon, to receive bids on the sale
of Bonds.
Voting: 10 -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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 6 1 -
ITEM II-J.6 ITEM #19057
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to encourage the City Clerk, Ruth
Hodges Smith, to let it be known to any and all parties that
she is available and is encouraged by the Virginia Beach City
Council to allow her name to be nominated for a three-year
term on the Board of Directors of the Tnternational Institute
of Municipal Clerks in May 1983.
Voting: 10-0
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, Ill, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 6 2 -
ITEM #19058
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 Publicly Held Property, Publ@@c
Funds Investment and Legal Matters.
Upon motion by Councilwoman Creech, seconded by Councilman Jones,
City Council voted to RECESS into EXECUTIVE SESSION (5:42 p.m.)
for discussion of Publicly Held Property, Public Funds Investment
and Legal Matters after which to adjourn.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 6 3 -
A D J 0 U R N M E N T
ITEM 11-K.1 ITEM #19059
Upon motion by Councilpian Baum, City Council adjourned at 6:35 p.m.
Diane M. Hickman, Deputy City Clcrk
m
CMC, CiLy Clerk ayor Louis Jones
City of Virginia Beacli,
Virginia
8 November 1982
dmh/asd