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HomeMy WebLinkAboutAUGUST 17, 1981 MINUTES Cit3- "WORLD'S LARGEST RESORT CITY" CITY COUNCIL. MAYOR J. HENRY McCOY JR., D.D.S., B.-Sb VICE-MAYOR HAROLD HEISC]IOSER, Al L.,I, JOHN A. BAUM, BI-A..,, B-@-gh E. T. BUCHANAN, Ly..b.... B .... gh F. REID ERVTN, Al L.,g, BARBARA M. HENLEY, P-g. B...gb CLARENCE A. HOLLAND, M.D., B..,.id, B.@.gb 9'. H. KITCHIN, 111, Visi-i- B-lb B...8b REBA 5. McCLANAN, P,i .... @ A... B.,-.gh MEYERA E. OBERNDORF, Al L.,g, 212 CrrY HALL BUILDING PATRICK L. STANDING, Al L.,g, MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 RUTH HODGES SMITH, Ci'Y Cl-rk (804) 427-4303 CITY COUNCIL AGENDA AUgUSt 17, 1981 ITEM I INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER Mayor J. Henry McCoy, Jr., D.D.S. 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. 3. One-Way on Atlantic Avenue/Pacific Avenue: Discussion. 4. Water Restrictions: Discussion. 5. Consolidation of Mosquito Control Commission: Discussion. ITEM II FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend J. S. Hangen Messiah Lutheran Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of August 10, 1981. ITEM II E. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Ordinance to amend and reordain Section 18-77 of the Code of the City of Virginia Beach by adding Subsection (c) pertaining to detectives and watchmen services. 2. Ordinance, upon application of Richard H. Kline, for the appointment of viewers in the petition for the closure of a 24-foot right-of-way (Lynnhaven Borough). F. PLANNING ITEMS 1. Deferred a. Application of Texaco, Inc., for a conditional use permit for a gas bar and car wash on a .8-acre parcel located on the east side of Rosemont Road, between South Plaza Trail and Raintree Road (Lynnhaven Borough). This matter was deferred for 30 days on July 6, 1981 and for an additional week on August 10, 1981. 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for approval. 2. New Items a. Application of Richard S. Foster for a change of zoning from R-8 Residential District to A-2 Apartment District on a .56-acre parcel; AND, a change of zoning from B-1 Business-Residential District to A-2 Apartment District on a .81-acre parcel. This property is located on the west side of Pleasure House Road, south of Lookout Road (Bayside Borough). 1. Letter from the City Manager transmits the recommenda- tion of the Planning Cormission for approval. b. Application of Marcy Realty, Inc., a Virginia Stock Cor- poration, for a change of zoning from R-5 Residential District to R-9 Residential Townhouse District on a one- acre parcel located between Twain Lane and Ewell Road (Bayside Borough). 1. Letter from the City Manager transmits the recornmenda- tion of the Planning Commission for denial. ITEM II F. PLANNING ITEMS (continued) 2. New Items (continued) c. Application of Concordia Enterprises, Ltd. for a change of zoning from A-1 Apartment District to R-8 Residential District on an 11.8-acre parcel; AND, a change of zoning from A-1 Apartment District to B-2 Comnunity-Business District on a 1.7-acre parcel; AND, a change of zoning from B-2 Cormunity-Business Dis- trict to R-8 Residential District on a 1.65-acre parcel. This site is located north of Virginia Beach Boulevard and east of Davis Street (Bayside Borough). 1. Letter from the City Manager transmits the recommenda- tion of the Planning Connission for approval. d. Application of Blackwater Baptist Church for a conditional use permit for a church on a 5.17-acre parcel located along the east side of Blackwater Road, at the inter- section of Indian Creek Road (Blackwater Borough). City Council voted to expedite this on August 3, 1981. 1. Letter from the City Manager transmits the recommenda- tion of the Planning Commission for approval. e. Application of Harold Henley for a conditional use permit for a single-family dwelling on a 46.34-acre parcel lo- cated along the shoreline of Back Bay, east of the inter- section of Muddy Creek and Gum Bridge Roads (Pungo Borough). city council voted to expedite this on June 22, 1981. 1. Letter from the City Manager transmits the recormnenda- tion of the Planning Commission for approval. f. Ordinance to amend the Master Street and Highway Plan dated December 16, 1974 pertaining to London Bridge Road. This matter was deferred on July 13, 1981, until August 10, 1981, and on August 3, 1981, until today. 1. Letter from the City Manager transmits the reconanenda- tion of the Planning Conmission for approval. G. ORDINANCES 1. City Code Amendments a. Mosquito Control Commission: L Ordinance to amend and reordain Chapter 20, Mosquito Control, of the Code of the City of virginia Beach, consolidating Mosquito Control Districts under a single commission which shall function under the De- partment of Public Works. 2. Resolution making appointments to the Mosquito Con- trol Commission. ITEM II G. ORDINANCES (continued) 2. Appropriations a. First Reading 1. ordinance, on FIRST READING, to accept a grant totalling $130,112 from State aid to Public Libraries and to appropriate these funds. b. Low Bid 1. Low bid of A & W Contractors, Inc., in the amount of $286,156.10, for the Cape Henry Shores Sanitary Sewers - Phase II, and, authorize the City Manager to enter into the necessary agreements for the implementation of this project. H. APPOINTMENTS 1. Development Authority I. UNFINISHED BUSINESS 1. Proposed Theme Park city-owned property off Laskin Road J. NEW BUSINESS K. ADJOURNMENT 1. Motion to adjourn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 17 August 1981 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Conference Room, City Hall Building, on Monday, 17 August 1981, at Twelve-Thirty in the afternoon. Council Members Present: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heiscbober, Barbara M. Henley, Clarence A. Holland, M.D., W. R. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Patrick L. Standing ITEM #17046 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discuss- ing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. (Personnel Matters). 2. Consultation with legal Cotmsel 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, and discussion or consideration of such nutters without the presence of Counsel, staff, consultants or attorneys. (Legal Matters). 2- Upon motion by Councilman Buchanan, seconded by Councilman Holland, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Ba@ E. T. Buchanan, F. Reid Ervi@ Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. R. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 3- ITEM #17047 City Council. congratulated Councilman Holland on being selected King Neptune for the forthcoming Neptune Festival. M A T T E R S B Y T H E M A Y 0 R THEME PARK ITEM #17048 Mayor McCoy advised that as he has received several requests to move forward the discussion on the Theme Park, it will be brought forward from UNFINISHED BUSINESS to be heard after the CONSENT AGENDA. M A T T E R S B Y C 0 U N C I L M E M B E R S LOOKOUT ROAD ITEM #17049 Councilwoman Henley requested a report from the City staff pertaining tc, the closure of Lookout Road in the Bayside Borough. This matter will be placed on the FORMAL AGENDA of August 24, 1981. TWENTY-FOUR HOUR PARKING METERS ITEM #17050 Councilman Holland requested the City consider removing the twenty-four hour parking meters in the Beach Borough. Councilman Holland requested this matter be placed on the Agenda of 24 August 1981. I N F 0 R M A L S E S S I 0 N MASTER STREET AND HIGHWAY PLAN ITEM #17051 Tbe City Manager advised that on the FORMAL AGENDA is the Ordiriance concerning the Master Street and Highway Plan with regards to London Bridge Road. The City Manager advised he was unable to meet with Mr. Brown and Attorney Donald H. Rhodes, and requested this matter be deferred until September 14, 1981. 8/ 1 7/ 81 -4- ONE-WAY TRAFFIC ITEM #17052 The City Mariager presented to Council a Plan to have Atlantic Avenue and Pacific Avenue one way, north and south respectively. A small amount of right-of-way will have to be acquired on the corner of Fifth Street to permit a "smooth radius" in turning for two lanes of traffic. The City Manager advised that by eliminating the parking on Atlantic Avenue, and eliminating the median on Pacific Avenue, a bike lane and a marked designated fire lane can be utilized. The City Manager advised he would like this to be studied and approved by Council before September 15, 1981, so this Plan can be implemented by April 1, 1981. Some concerns were expressed by Council witb regards to commercial vehicles loading and unloading on Atlantic Avenue. Ed Davin, Traffic Engineering, presented slides concerning this matter. A Public Hearing on this matter will be heard September 14, 1981. WATER CONSERVATION ITEM #17053 The City Manager advised that as of today (August 17, 1981), all water restrictions have been lifted in Virginia Beach. Residents are now permitted to wash cars, water lawns, etc. MOSQUITO CONTROL ITEM #17054 The City Manager advised Council that the Ordinance to consolidate the Mosquito Control Commission is on the Agenda for today (August 17, 1981), and stated in his opinion the City could save money by bringing the Commission into the Department of Public Works. Mr. Frank Matthews, Mosquito Control Commission, spoke on this matter. @5- THEME PARK - ITEM #17055 The City Manager advised that there has been mucb discussion, both pro and con, on the Theme Park. During the meeting of the Volunteer Program it was noted that many people wanted to volunteer their time and talents to the City in the area of land planning and recreational planning. If it met with Council's approval, the area in question could be "looked at" from a totally disinterested viewpoint as to what would be the best use for that parcel of property. It was noted that the discussion of the Theme Park would remain under UNFINISHED BUSINESS. City Council RECESSED into EXECUTIVE SESSION, (1:40 p.m.) -6- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 17 August 1981 2 25 p.m. Council Members Present: John A. Baur1/2 E. T. Buchanan, F. Reid Ervi@ Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. liolland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberudorf Council Members Absent: Patrick L. Standing INVOCATION: Reverend J. S. Hangen Messiah Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 7- M I N U T E S ITEM II-D.1 ITEM #17056 Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the Minutes of the Regular Meeting of August 10, 1981, with the following CORRECTION: Item #17031 - application of Paul L. Strassberg Attorney Grover C. Wright, Jr., appeared in behalf of the applicant Voting: 10-0 Council Members Voting Aye: John A. BauT% E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -8- C 0 N S E N T A G E N D A ITEM II-E ITEM #17057 Upon motion by Councilman Holland, seconded by Councilman Buchanan, City Council voted to enact the CONSENT AGENDA by ONE MOTION. Voting: 10-0 Council Members Voting Aye: Jobn A. Bauu4 E. T. Buchanar4 F. Reid Ervit4 Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 9- ITEM II-E.1 ITEM #17058 Upon motion by Councilman Holland, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Section 18-77 of the Code of the City of Virginia Beach by adding Subsection (c) pertaining to detectives and watchmen services. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanar4 F. Reid Ervi@ Vice Mayor liarold Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberudorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing -10- AN ORDINANCE TO AMEND AND REORDAIN SECTION 18-77 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING SUBSECTION (c) PERTAINING TO DETECTIVES AND WATCHMEN SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 18-77 is hereby amended and reordained as follows: Section 18-77. Dectectives, detective agencies, and watchmen services, security patrols and -similar security services. (a) Every person operating a detective agency or engaged in the business of a detective shall pay a license tax of $100.00, where only one person, including the owner, is-employed, and, for each additional operator or person employed, up to and including four, an additional license tax of $25.00. For every such agency employing five persons or operators or more, including the owner, there shall be paid a total license tax of $250.00. Any person or agency obtaining a license under this subsection may conduct the business of furnishing watchmen for compensation, without securing an additional license under subsection (b) of this section for so doing. (b) Every person or agency furnishing watchmen, security patrols or similar security services for compensation shall pay a license tax of $50.00, where only one person, including the owner, is employed, and, for each additional operator or watchman employed, up to and including four, such person or agency shall pay an additional license tax of $25.00. For every such agency or person employing five persons or watchmen or more, including the owner, there shall be paid a total license tax of $175.00. (c) As a prerequisite to obtaining the license required by this section, every person operating a detective agency, watchmen service, security Patrol or similar security service or engaged in the business of a detective or watchmen must have the written approval of the Chief of Police of the City of Virginia Beach as to t by such detective, detective agency, security patrol, security service watchmen or watchmen service, and as to the insiqnias, lettering or decals to be used on priva-te security patrol vehicles. 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 day of 19-. MES/re 8/6/81 (N.1-1) -1 2- ITEM II-E.2 ITEM #17059 Upon motion by Councilman Holland, seconded by Councilman Buchanan, City Council voted to upbold tbe recommendation of the City Manager and ADOPT the Ordinance, upon application of Richard E. Kline, for the appointment of Viewers in tbe petition for the closure of a 24-foot right-of-way in the Lynnhaven Borough. Voting: 10-0 Council Members Voting Aye: John A, Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heiscbober, Barbara M. Henley, Clarence A. Holland, M.D., W. R. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 1 3- APPOINTMENT OF VIEWERS WHEREAS, Richard H. Kline has given due and proper notice, in accordance with the Statutes for such cases made and provided, that he will on the 17th day of August, 1981, at 2:00 p.m., apply to the City Council of the City of Virginia Beach, Virginia, for the appoint- ment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what, inconvenience would result from the discontinuance and closing of the hereinafter described undeveloped right-of-way twenty- four feet (24') in width and has filed application with the said Council; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, That, C. Oral Lambert, Jr., David M. Grochmal, and Robert J. Scott, are hereby appointed to view the below-described property and report in writing to the Council on or before the day of 1 1981, whether in their opinion any, and if any, what inconvenience would result from the discontinuance, closing and vacating of that certain unimproved right-of-way twenty-four (24') feet in width located in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and more particularly described as follows: ALL that certain undeveloped right-of-way situate in the Lynnhaven Borough of the City of Virginia Beac@ Virginia, twenty-four (24') feet in width running North between parallel lines from the Northern right-of-way line of Southern Boulevard (which is that certain twenty-four foot street running adjacent to Norfolk and Southern Railroad) a distance of 222 feet as shown on that certain map of "Property of W. R. Payne, located at Lynnhaven in Princess Anne County, Virginia, Scale l' = 100', April 24, 1946, W. B. Gallup - County Surveyor", which map is recorded of record in the Clerk's Office of the Circuit Court of the Cit-y of Virginia BeacN Virginia, in Map Book 18, at Page 20. This Ordinance No. enacted and 17th this August day of 1981. 8.5.9.C -14- IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THAT CERTAIN UNDEVELOPED RIGHT-OF-IWAY TWENTY-FOUR FEET (24') IN WIDTH RUNNING NORTH FROM SOUTHERN BOULEVARD BETWEEN PARALLEL LINES A DISTANCE OF TWO HUNDRED TWENTY-TWO FEET (22') AND SHOWN UPON THE MAP OF "PROPERTY OF W. R. PAYNE LOCATED LYNNHAVEN IN PRINCESS ANNE CO., VA., SCALE L" = 100', APRIL 24, 1946 PETITION TO: THE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Richard H. Kline, by his Attorney, William R. Wahab, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing and discontinuance of that certain undeveloped right-of-way twenty-four feet (24') in width which is more particularly described as follows: All that certain undeveloped right-of-way situate in the Lynnhaven Borough of the City of Virginia Beacb, Virginia, twenty-four feet (24') in width running North between parallel lines from the Northern right- of-way line of Southern Boulevard (which is that cer- tain twenty-four foot street running adjacent to Norfolk and Southern Railroad) a distance of 222 feet as shown on that certain map of "Property of W. R. Payne, located at Lynnbaven in Princess Anne Co., Va., Scale l' - 100', April 24, 1946, W. B. Gallup - County Surveyor", which map is recorded of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 18, at Page 20. 2. That no inconvenience will result to any persons by reason of the said closing of said right-of-way and the Petitioner prays that this Honorable Council appoint Viewers as provided by law to view the said undeveloped right-of-way proposed to be clo,Bed, and to report in writing to the Council on or before the day of August, 1981, whether, in the opinion of said Viewers, any, and if any, wbat, inconvenience would result from the discontinuance and closing of said street heretofore described. 3. That on the 7th day of August, 1981, Notic6 of the presenting of this Application was posted at the Courthouse of the. Circuit Court of the City of Virginia Beach, Virginia, and ou the premises to be closed, and at the City Hall Annex, 19th Streei and .1 - 1 5- Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Aff idavit attached @ereto, and a copy of said Notice. 4. Tbe Petitioner is the fee simple owner of land to be affected by said closure. Respectfully submitted. Richard H. Kline By Isl William R. Wahab William R. Wahab, Attorney William R. Wahab Pickett, Spain & Lyle, P.C. 101 N. Lynnhaven Road Post Office Box 2127 Virginia Beach, Virginia 23452 8.5.6.C - 1 6- CERTIFICATE OF VESTING OF TITLE I, William R. Wahab Attorney for Richard H. Kline do hereby certify that: 1. I am an Attorney at Law and repesent Richard R. Kline the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the.City of Virginia Beach, Virginia, then title to said property wili best in Richard H. Kline the adjacent landownerxx in fee simple the holder of the underlying feO in said property; in fee simple the assignee of not applic:a'ble the adjacent property owner or holder of the underlying fee in said property. The said propert'y referred to herein is hereby described as follows: see attachment hereto - 1 7- P L A N N I N G A G E N D A ITEM II-F.l.a ITEM #17060 Attorney J. H. Flippen appeared in behalf of the applicant Upon motion by Councilman Buchanan, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of TEXACO, INC., for a Conditional Use Permit, subject to the recommended conditions transmitted in the City Manager's letter, as follows; AND, DELETING the following two (2) conditions: (7) A 10-foot dedication along South Plaza Train (8) A variable dedication along Rosemont Road ORDINANCE TJPON APPLICATION OF TEXACO, INC., R0881412 FOR A CONDITIONAL USE PERMIT FOR A GAS BAR AND CAR WASH BE IT ORDAINED BY TliE COUNCIL OF TBE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Texaco, Inc., for a Conditional Use Permit for a gas bar and car wash on certain property located at the Southeast corner of South Plaza Trail and Rosemont Road, rtmning a distance of 178.21 feet along the East side of Rosemont Road, running around a curve a distance of 16.87 feet, running a distance of 163.77 feet along the Southern property line (north side of Raintree Road), running a distance of 200 feet along the Eastern property line, running a distance of 141 feet along the South side of South Plaza Trail and running arotmd a curve a distance of 15.67 feet. Said parcel contains .8 acre more or less. LYNNHAVEN 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. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 4. Parking at a ratio of three spaces for each car wash space within the facility. 5. No water shall be permitted to fall upon or drain across public streets or adjacent properties. 6. The recycling of water in accordance with the City Code. 7. Two curb-cuts are to be allowed on both South Plaza Trail and Rosemont Road, provided each is a maximum of 24 feet in width and marked appropriately for in-only and out-only traffic. 8. One curb-cut with a maximum of 35 feet is to be allowed on Raintree Road. -1 8- Voting: 9-1 Council Members Voting Aye: John A. Baum, E. T. Buchanan, P. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: Reba S. McClanan Council Members Absent: Patrick L. Standing -1 9- ITEM II-F.2.a ITEM #17061 Attorney Luc'ian Cox appeared in behalf of the applicant Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of RICRARD S. FOSTER for Changes of Zoning, subject to the recommended conditions transmited in the City Manager's letter, as follows: ORDINANCE UPON APPLICATION OF RICHARD S. FOSTER Z0881595 FOR A CHANGE OF WNING DISTRICT CTASSIFICATION FROM R-8 RESIDENTIAL DISTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COLNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Richard S. Foster for a Change of Zoning District Classification from R-8 Residential District to A-2 Apartment District on certain property located 200 feet West of Pleasure House Road beginning at a point 122.50 feet South of Lookout Road, running a distance of 175.50 feet along the Eastern property line, running a distance of 139.84 feet along the Southern property line, running a distance of 175.70 feet along the Western property line and running a distance of 139.44 feet along the Northern property line. Said parcel contains .56 acre. BAYSIDE 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. An adequate drainage outfall system with all the necessary downstream improvements and easements is required. 4. A buffer is to be provided along the property lines adjoining the R-8 Residential District. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeerith day of August, 1981. 20- ORDINANCE LTON APPLICATION OF RICHARD S. FOSTER Z0881596 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 BUSINESS-RESIDENTIAL DISTRICT TO A-2 APARTIIENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Richard S. Foster for a Change of Zoning District Classification from B-1 Business-Residential District to A-2 Apartment District on certain property located on the West side of Pleasure House Road beginning aL a point 122.50 feet South of Lookout Road, running a distance of 175.50 feet along the West side of Pleasure House Road, running a distance of 200 feet along the Southern property line, running a distance of 175.50 feet along the Western property line and rtmning a distance of 200 feet along the Northern property line. Said parcel contains .81 acre. BAYSIDE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by tbe Site Plan Ordinance. 2. City water and sewer. 3. An adequate drainage outfa 11 system with all the necessary downstream improvements and easements is required. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of @ust, 1981. 21- Voting: 10-0 Council Members Voting Aye: John A. Baun6 E. T. BuchanaN F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanat4 mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 2 2- ITEM II-F.2.b ITEM #17062 Mrs. Whitney Blair appeared in opposition. Mr. D. R. McConnell appeared in opposition. Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and DENY the application of MARCY REALTY, INC., A VIRGINIA STOCK CORPORATION, for a Change of Zoning District Classification, as per the following: Ordinance upon application of Marcy Realty, Inc., for a Change of ZoninA District Classification from R-5 Resi- dential District to R-9 Residential Townhouse District on certain property located on the West side of Twain Lane beginning at a point 225 feet more or less South- east of the intersection of Twain Lane and Ewell Road, running a distanc6 of 230 feet more or less along the West side of Twain Lane, rtmning a distance of 100 feet in a Southwesterly direction, running a distance of 70.15 feet in a Northwesterly direction, running a distance of 110.14 feet in a Southwesterly direction, running a distance of 64.99 feet along the East side of Ewell Road, running a distance of 113.51 feet in a Northerly direction, running a distance of 30 feet more or less in a Southeasterly direction and running a distance of 114.38 feet in a Northeasterly direction. Said parcel contains 1 acre more or less. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: (for denial) John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,* Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Heyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing *COUNCILMAN KITCHIN VOICED A VERBAL "AYE" FOR DENIAL. 2 3- ITEM II-F.2.c ITEM #17063 Mr. Gil Holt, a principal with Concordia Enterprises, Ltd., appeared in behalf of the applicant requesting deferral. Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to DEFER FOR THIRTY DAYS the application of CONCORDIA ENTERPRISES, LTD., for Changes of Zoning, as per the following: Ordinance upon application of Concordia Enterprises, Ltd., for a Change of Zoning District Classification from A-1 Apartment District to R-8 Residential District on certain property located 305 feet East of Davis Street beginning at a point 1220 feet more or less North of Virginia Beach Boulevard, running a distance of 349.98 feet in a South- easterly direction, running a distance of 440 feet in a Southwesterly direction, rimning a distance of 349.48 feet in a Southeasterly direction, rtmning a distance of 1105 feet in a Northeasterly direction, running a distance of 170.10 feet in a Southeasterly direction, running a dis- tance of 154 feet more or less in a Northeasterly direction, running a distance of 959.67 feet along the Northern property line and running a distance of 440 feet in a Southwesterly direction. Said parcel contains 11.8 acres. BAYS]-DE BOROIJGH. Ordinance upon application of Concordia Enterprises, Ltd.,for a Change of Zoning District Classification from A-1 Apartment District to B-2 Community-Business District on certain pro- perty located 710 feet more or less East of Davis Street beginning at a point 540 feet more or less North of Virginia Beach Boulevard, running a distance of 275. 75 feet along the Western property line, rtmning a distance of 349.48 feet along the Northern property line, running a distance of 71.75 feet along the Eastern property line and running a distance of 319.24 feet in a Southwesterly direction. Said parcel contains 1.7 acres. BAYSIDE BOROUGH. Ordinance upon application of Concordia Enterprises, Ltd., and Arena Furniture Corporation for a Change of Zoning District Classification from B-2 Commtmity-Business District to R-8 Residential District on certain property located 770 feet more or less North of Virginia Beach Boulevard beginning at a point 520 feet East of Davis Street, running a distance of 175.39 feet along the Southern property line, running a distance of 440 feet along the Eastern property line, running a distance of 175.39 feet along the Northern property line and running a distance of 440 feet along the Western property line. Said parcel contains 1.65 acres. BAYSIDE BOROUGH. 2 4- Voting 10-0 Council Members Voting Aye: (for deferral) Jobn A. Baum, E. T. Bucbanan, F. Reid Erviri, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchir4 III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Counci'l Members Absent: Patrick L. Standing - 25- ITEM II-F.2.d ITEM #17064 Mr. Pat Riddick appeared in behalf of the applicant Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of BLACKWATER BAPTIST CHURCH for a Conditional Use Permit, subject to the recommended conditions transmitted in the City Manager's letter, as follows: ORDINANCE UPON APPLICATION OF BLACKWATER BAPTIST R0881413 CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Blackwater Baptist Church for a Conditional Use Permit for a church on certain property located on the East side of Blackwater Road beginning at its intersection with Indian Creek Road, running a distance of 510.56 feet along the East side of Blackwater Road, running a distance of 483.29 feet along the Southern property line, running a distance of 314.72 feet along the Eastern property line, running a distance of 203.99 feet in a Westerly directiori, running a distance of 66 feet in a Northerly direction, running a distance of 276.94 feet in a Westerly direction, running a distance of 66 feet in a Southerly direction and running a distance of 81 feet in a Westerly direction. Said parcel contains 5.17 acres. BLACKWATER 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. A soil anaylsis of the site. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of August, 1981. 26- Voting 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 2 7- ITEM II-F.2.e ITEM #17065 Attorney James Evans appeared in behalf of the applicant Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of HAROLD HENLEY for a Conditional Use Permit, subject to the recommended conditions transmitted in the City Manager's letter, as follows: ORDINANCE UPON APPLICATION OF HAROLD BENLEY R0881414 FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Harold Henley for a Conditional Use Permit for a single family dwelling on certain property located on the East side of Muddy Creek Road beginning at the Eastern extremity of Gum Bridge Road, running a distance of 21.19 feet along the East side of Gum Bridge Road, running a distance of 189.94 feet in an Easterly direction, running a distance of 334.40 feet in a Northerly directio@ running a distance of 66.5 feet in an Easterly direction, running a distance of 212.20 feet in a Northerly direction, running a distance of 316.52 feet in a Westerly direction, running a distance of 928.29 feet along the East side of Muddy Creek Road, running a distance of 1391.66 feet along tbe Northern property line, running a distance of 32.63 feet in a South- easterly direction, running a distance of 701.58 feet in a Southerly direction, rmning a distance of 163.02 feet in a Southeasterly direction, running a distance of 632.35 feet in a Southerly direction, and running a distance of 1537.18 feet along the Southern property line. Said parcel contains 46.34 acres. FUNGO 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. Soil analysis. 3. No dreding, filling, bulkheading or other waterfront related activities allowed without the proper permits from Federal, State and local localities. 4. Approval for septic tank installation and well. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of August, 1981. 2 8- Voting 10-0 Council Members Voting Aye: John A. Baum;k E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley@*Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Memb6rs Voting Nay: None Council Members Absent: Patrick L. Standing *Councilman Baum requested the Planning Commission to study the above type s of zonings to perhaps modify the City Code to permit single family dwelling applications (beyond the 600-foot line), to be approved administratively. **Councilwoman Henley advised she was no relation to the applicant 2 9- ITEM II-F.2.f ITEM #17066 Upon motion by Councilwoman McClanan, seconded by Councilman Buchanan, City Council voted to DEFER UNTIL SEPTEMBER 14, 1981 the Ordinance to amend the Master Street and Highway Plan dated December 16, 1974, pertaining to London Bridge Road. Vot ing : 10-0 Council Members Voting Aye: (for deferral) John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Stariding 30- AN ORDINANCE TO AMEND THE MASTER STREET AND HIGHWAY PLAN DATED DECEMBER 16, 1974, PERTAINING TO LONDON BRIDGE ROAD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Master Street and Highway Plan dated December 16, 1974, is hereby amended as follows: Realign London Bridge Road at its intersection with Oceana Boulevard as shown on the attached map. DEFERRED by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of August, 1981. - 31- 0 R D I N A N C E S ITEM II-G.l.a.1 ITEM #17067 Mr. Frank Matthews, Mosquito Control Commissioner, appeared in opposition to the proposed Ordinance and Resolution. Upon motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to permit the management structure of the Mosquito Control Commission to remain as it presently stands with the under- standing that they will strive towards affecting the same economics the City Manager has recommended; AND, present to Council a monthly report showing the Commission's monthly savings in dollars and cents. The budget for the Mosquito Control Commission will remain as Council adopted it. The City Manager advised Council he will have to bring the Mosquito Control Budget back to Council for when it was approved it was under the Department of Public Works. It will have to be "broken down" into contributions to the Mosquito Control Commission. Voting 8- 2 Council Members Voting Aye: John A. Bau@ F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: E. T. Buchanan, atid Barbara M. Henley Council Members Absent: Patrick L. Standing 3 2- Requested by City Manager AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 20, MOSQUITO CONTROL, OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, CONSOLIDATING MOSQUITO CONTROL DISTRICTS UNDER A SINGLE COMMISSION WHICH SHALL FUNCTION UNDER THE DEPARTMENT OF PUBLIC WORKS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA, VIRGINIA: That, pursuant to the authority contained in Section 32.1-187, et se4, of the Code of Virginia (1950) as amended, Chapter 20 of the Code of the City Of Virginia Beach is hereby amended and reordained as follows: 1. The mosquito Control Districts provided for and described in Chapter 20 of the Code of the City Of Virginia Beach are hereby consolidated under a single commission which shall function under the Department of Public Works. The Mosquito Control COmMissions in effect prior to the adoption of this ordinance are hereby dissolved. 2. Section 20-4 is amended to read as follows; Section 20-4. Control COmmission. Baeh The Mosquito Control Districts provided for in this chapter shall be administered by a mosquito control commission consisting of three (3) members, one of whom shall be the state health COmmissioner or his designee and two (2) of whom shall be appointed by the City Council. The term of COMMission members, other than the state health commissioner or his designee, shall be for four (4) years each and such members shall continue to serve after the expiration of this term until their successors have been duly appointed and qualified. Vacancies shall be filled by the C.ity Council. 3. A new Section 20-5 is hereby added which reads as follows: Section 20.5 Supervision by the Department of Public Works. - 33- The Mosquito Control Commission provided for in this chapter shall function under the Department of Public Works. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of 19-. GLF/re 7/8/81 (B) -2- - 34- Requested by: City Manager The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building of the City of Virginia Beach on the - day of 1981. On motion by and seconded by the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the Coundil of the City of Virginia Beach has passed an ordinance consolidating rmsquito control districts under a single commission which shall function under the Department of Public Works; and WHEREAS, Section 32.1-187, et seq, of the Code of Virginia (1950) as amended requires the commission to be administered by three (3) commission members, one (1) of whom shall be the state health comissioner or his designee and two (2) of whom shall be appointed by the City Council; and WHEREAS, as a result of the said consolidation it is now necessary for council to make appointment of members to the consolidated mosquito control commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: The following persons are appointed as members of the Mosquito Control Comission: George L. Hanbury C. Oral Lambert, Jr. Adopted by the Council of the City of Virginia Beach on the day of 1981. A P Z@ 6i GLF:kg 7/6/81 - 35- ITEM II-G.2.a.1 ITEM #17068 Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT ON FIRST READING the Ordinance to accept a Grant totaling $130, 112 from State aid to Public Libraries and to appropriate these funds. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 36- AN ORDINANCE TO ACCEPT A GRANT TOTALING $130,112 FROM STATE AID TO PUBLIC LIBRARIES AND TO APPROPRIATE THESE FUNDS WHEREAS, City Council is interested in enhancing the quality of service provided by our Public Libraries; and, WHEREAS, a Grant of $130,112 from State Aid to Public Libraries is available for this purpose; and, WHEREAS, no local funds are required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $130,112 from State Aid to Public Libraries be accepted and appropriated in the Department of Public Libraries for the Fiscal Year 1982 Operating Budget as follows: Contractual Services $ 27,305 Internal Services 488 Telecommunications 6,024 Office and Computer Supplies 1,662 Books and Subscriptions 74,108 Travel and Training 2, 4 94 Dues and Association Membership 350 Capital Outlay 17,681 Total Appropriation $130,112 BE IT FURTHER ORDAINED that estimated revenues from the Commonwealth of Virginia be increased by $130,112 to finance the appropriation. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981. FIRST READING: 17 August 1981 SECOND READING: 3 7- ITEM II-G.2.b.1 ITEM #17069 The following bids have been received for the Cape Henry Shores Sanitary Sewers - Phase II: A & W Contractors, Inc. $286,156.10 Williams Paving Company, Inc. $295,454.00 Major T. Archbell, Inc. $308,115.50 Suburban Grading and Utilities, Inc. $ 31 3, 40 2. 00 Vico Construction Corporation $315,283.28 W. R. Hall, Jr., Contractor $ 3 2 5, 9 6 5. 20 Carter-Bell Corporation $343,236.00 Inner-View, Ltd. $ 3 6 3, 44 7. 00 C. A. Barrs Contractor, Inc. $375,802.80 A. Stuart Bolling ComparLy, Inc. $ 3 9 2, 26 2. 00 Central Builders, Inc. $491,039.00 M. E. Wilkins, Inc. $529,277.00 Engineer's Estimate $330,512.00 Upon motion by Councilwoman Henley, seconced by Councilman Buchanan, 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 $286,156.10 for the Cape Henry Shores Sanitary Sewers - Phase II; AND, authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 9-0 Council Members Voting Aye: E. T. Buchanan,*F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum,* and Patrick L. Standing *COUNCILMAN BAUM LEFT COUNCIL CHAMBERS *COUNCILMAN 3 8- A P P 0 I N T M E N T S ITEM II-R.1 ITEM #17070 Upon motion by Vice Mayor Heischober, seconded by Councilman Buchanan, Council voted to APPOINT Frederick W. Twyman to the DEVELOPMENT AUTHORITY for a term of four (4) years, beginning September 1, 1981 and terminating August 31, 1985; AND, REAPPOINTED Lawrence L. Joyner for a term of four years beginning September 1, 1981, and terminating August 31, 1985. Voting: 9-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin,*Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Jobn A. Baum, and Patrick L. Standing *COUNCILMAN ERVIN VOICED A VERBAL "AYE" 3 9- U N F I N I S H E D B U S I N E S S ITEM II-I.1 ITEM #17071 Mr. Alan Dalton, North Virginia Beach Civic League, presented to Council a Resolution adopted by that Civic League concerning the development of the incinerator site on Laskin Road. The following appeared in favor of the proposed Theme Park; Mrs. Barbara Lewis 'Mr. Jerry McDonnell, Developer, requesting permission to complete his plans and studies for the area. Mrs. Alice Mullens Mr. Wilson Cherry Mr. Neal Gussler The following appeared in opposition: Mrs. Lorraine Hinnant,Old Virginia Beach Civic League Mrs. Jean Barco, property owner on Twenty-Seventh Street Mrs. Ann Henry Mrs. Nancy Parker, relinquished her time Mr. Sam Houston Mrs. Charlotte Ivy Councilman Kitchin made a motion, seconded by Councilman Buchanan, that there be no further cousideration of this parcel of land for a Theme Park, or any commercial development, and the City retain the land for public use. Vice Mayor Heischober offered a SUBSTITUTE MOTION, seconded by Counciiman Holland, whereby the City would prepare a bid document relating to the City-owned property in order for Council to receive a design bid from the private sector bas6d upon the time table as set forth by the City staff, with the proviso that the bid document not allow the sale of the City- owned incinerator property; and, when t@e design bid is received Council will then review the bid in light of the constraints enunciated today, and move forward from that point. 40- ITEM #17071(a) The recorded vote on the SUBSTITUTE MOTION is as follows: Voting: 5-5 Council Members Voting Aye: (for Substitute Motion) John A. BatM * Vice Mayor Harold Heischober, Clarence A. Holland, M.D., Reba S. McClanan, and Mayor J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: E. T. Buchanan, F. Reid Ervin, Barbara M. Henley, W. H. Kitchin, III, and Meyera E. Oberndorf Council Members Absent: Patrick L. Standing DUE TO A TIE VOTE, THE MOTION WAS LOST. *COUKCILMAN BAUM RETURMED TO COUNCIL CHAMBERS. - 41- ITEM #17071(b) Tbe recorded vote on the MAIN MOTION is as follows: Voting: 5-5 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, W. H. Kitcbin, III, Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: John A. Ba@ Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D. , and Mayor J. Henry McCoy, Jr., D.D. S. Council Members Absent: Patrick L. Standing DUE TO A TIE VOTE, THE MOTION WAS LOST. -4 2- ITEM #17071(c.) Councilwoman Henley made a motiou, seconded by Councilman Kitchin, that the City Council retain ownership of the City-owned property, abandon further consideratibn of utilizing this land for a Theme Park, and commission a study to determine the use of the land for a public park. Voting: 5- 5 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Barbara M. Henley, W. H. Kitchin, III, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Vice Mayor Harold Heischober, Clarence A. Holland, M.D., Reba S. McClanan, and Mayor J. Henry McCoy, Jr., D.D.S. Council Members Absent: -Patrick L. Standing DUE TO A TIE VOTE, THE MOTION WAS LOST. - 4 3- ITEM #17071(d) Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City Council voted to DEFER ANY FURTHER DISCUSSION OF THE THEME PARK until the Council Meeting of August 24, 1981, whereby Council will take action, without f urther public discussion. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 44- ITEM II-K.1 ITEM #17072 Upon motion by Councilman Buchanan, City Council adjourned at 5:00 p.m. Diane M. Hickman, Deputy City Clerk Ruth Hodges Amith, City Clerk Mayo Hbnry J@D @S City of Virginia Beach, Virginia 17 August 1981 adb/dmh