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NOVEMBER 27, 1990 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL @A- M@IERI @ OSEM@@l, VI@@ --R @..ERI @, F@-E-, lilli@- -11 j@- A -U., --l@ W .-Zl@R, JR, --O 1-@7 w IE- 1. M,--, A.- -1:11@l @Ell @R @U.Rll I -11@, JR, 'i, CITY COUNCIL AGENDA V@@.INII 1,1@l@ 1.1 RIIH 11@@;E@ P U B L I C H E A R I N G NOVEMBER 27, 1990 ITEM 1. FCRMAL SESSION - Council Chamber 10:30 AM A. CALL TO CRDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. PLIBLIC HEARING 1. Virginia Beach School Board Appointment Candidates D. L U N C H E. ADJOLRNMENT "WORLD'S LARGEST RESORT CITY" CITY COUNCIL .@y@@ MFl@- 1,C@ -1@@ R--T j@@N A @AU-, I"@, W -Zl@@, JR,, @-@ll W @.l@N IOUI@ .-II'llll (,FN.. CITY COUNCIL AGENDA lul@ H@-n @.111, NOVEMBER 27, 1990 ITEM 1. INFCRMAL SESSION - Conference Room 5:00 PM D I N N E R A. CALL TO GTDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM 11. FCRMAL SESSION - cotmcil Chamber - 6:00 PM A. CALL TO CRDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Thomas Murphy Virginia Beach United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. E LECTR ON I C ROLL CALL OF C I TY COUNC I L E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFCRMAL & FCRMAL SESSIONS - November 20, 1990 G. RESOLUTION/CRDit4ANCES 1. Resolution to establish the Followship Committee as a City Council-appointed Committee. (Deferred: November 20, 1990) 2. Ordinance, upon SECOND READING, to APPROPRIATE $30,000 from DEA Shared Proceeds program to FY 1990-91 Budget for purchase of microcomputer hardware and software re aid in criminal investigations and prosecutions. 3. Ordinance declaring EXCESS property adjacent to Ashbury United Methodist Church in Pungo; and, authorizing the City Manager to dispose of same. H. PUBLIC HEARING 1. PLANNING BY CONSENT a. Application of WALTS, F. SULLIVAN, Bishop of the Catholic Diocese of Richmond, for a Conditional Use Permit for a church and education/social center on f Salem Road -Fe 50 feet West of Lisbon Road (2304 Salem Roa containing 8.618 acres (KEMPSVILLE BCROUGH). Recommendation: APPROVAL b. Appi ication of HOY CONSTRUCTION, INC. tor a Conditional Use Permit for a comercial recreational faci I ity 0 outdoor na-rure ti Virginia Beach itution Drive (4566 Virginia Beach Boulevard, Units 1 and 2, Pembroke Mal 1), containing 6,020 square feet (BAYSIDE BCROUGH). Recommendation: APPROVAL c. Petition of WILLIAM T. WINGFIELD for the discon 'tinuanc" closure and abandonment of portions of Emblem R ad an d Shell Road aT he Northeast Intersection of said streets, containing 2,495 square feet (BAYSIDE BOROUGH). Recommendation: APFROVAL d. ordinance to AMEND and RECRDAIN Article 1 of the City Zoning ordinance by REPEALING Section 102(b)(5) re official zoning map. 2. PLANNING a. REQUEST of GECRGE E. LANGLEY and MERCHANT'S It, INC. for RECONSIDERATION of Condition Ntxnber One in the July 8, 1985, APPROVED Application of JOHNSON, INC., T/A HEWY JOHNSON TIRE CENTER for a Conditional Use Permit for tire sales, I stallation an In Road (LYNNHAVEN BCROUGH). b. FERRELL PARKWAY ASSOCIATES, INC. and THE 13ROWN FARM ASSOCIATES, (PRINCESS ANNE BOROUGH): 1. RECONSIDIRATION of Condition Number Eight In the April 30, 1990, APPROVAL: 2. Petition for the discontinuance. closure and abandonment of a portion of boundary of Gen ning In a Northwesterly direction a distance of 364 feet more or less. Recommendation: APPROVE deleting Condition Number Eight and DEFER petition an additional 90 days for cornpliance. c. Petition of CENTRAL FIDELITY BANK for the discontinuanceL closure and abandonment of a portion of C leveland Street beginning aT Tne W8STern Duu,idary of Independence Boul vard and running In a Westerly direction a distance of 225 feet, being 50 feet In width and containing 11,205 square feet (BAYSIDE BCROUGH). Deferred Indefinitely: February 26, 1990. Deferred for compliance: May 14, 1990. Recommendation: ADDITIONAL 90 DAY DEFERRAL 1. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY FELLOWSHIP COMMITTEE FRANCIS LAND HOUSE BOARD OF GOVERNORS PLANNING COMMISSION RESORT AREA ADVISORY COMMISSION SCHOOL BOARD TIDEWATER DETENTION HOME J. UNFINISHED BUSINESS 1. ABSTRACT OF VOTES - General Election on November 6, 1990. a. United States Senate b. House of Representatives c. Soil and Water Conservation Director d. Constitutional Amendments K. NEW BUSINESS 1. CANCEL/RESCHEDULE CITY COUNCIL SESSIONS a. Tuesday, December 25, 1990 (Christmas Day) b. Tuesday, January 1, 1991 (New Year's Day) L. ADJOLRNMENT CITY COUNCIL SESSIONS RESCHEDULED DECEMBER 6, 1990 2:00 PM Reschedule of December 4 NATIONAL LEAGUE OF CITIES (All Sessions of CitY COuncll are now held weekly on Tuesday) 11/21/90 lbs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 27, 1990 The PUBLIC HEARING of the VIRGINIA BEACH CITY COUNCIL for the VIRGINIA BEACH SCHOOL BOARD APPOINTMENTS was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Tuesday, November 27, 1990, at 10:30 A.M. Council Members Present: John A. Baum, James W, Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: William D. Sessoms, Jr. (ENTERED: 12:20 P.M.) - 2 - Item I.B- ITEM # 33749 EROADCASTING OF PUBLIC HEARING VIRGINIA BEACH SCHOOL BOARD APPOINTMENTS Upon motion by Counc! l woman Parker, seconded by Counc i I woman mcci anan, Ci ty Council APPROVED 9ROADCASTING LIVE: PUBLIC HEARING VIRGINIA BEACH SCHOOL BOARD APPOINTMENTS This PUBLIC HEARING Shall be repeated at future times. Voting: 9-1 Council Members Voting Aye: James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum Council Members Absent: William D. Sessoms, Jr. - 3 - Item I-C. ITEM # 33750 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: VIRGINIA BEACH SCHOOL BOARD APPOINTMENT CANDIDATES The following spoke as CANDIDATES: Michael B. Hamar (Lynnhaven) 1597 Bay Point Drive, Phone: 473-5321 Sandra Richter 721 Hemlock Crescent, Phone: 495-4488 (Kempsville) Gail Agor 1121 Birks Lane, Phone: 467-5981 (Kempsville) Frank Wagner (citizen) 4304 Alfriends Trail, Phone: 671-8392 (Bayside) (Spoke in SUPPORT of Pamela J. Brunner) Mark S. Bailey (asked not to be considered) 746 Skipwith Road, Phone: 420-2777 (Kempsville) (Spoke in SUPPORT of Pamela J. Brunner) Pamela J. Brunner 4016 Vinland Circle Phone: 471-3535, 628-7017 (Kempsville) Susan L. Creamer 6421 Crags Causeway, Phone: 421-3339 (Blackwater) Crigsby Scifres 912 Kings Cross, Phone: 486-7626, 473-5345 (Lynnhaven) Edward G. Kreyling (citizen) 3646 South Seabreeze Trail, Phone: 463-7465 (Lynnhaven) Cynthia Davenport 804 Circuit Court, Phone: 481-2291 (Lynnhaven) Dr. Roger Visser 505 Wilder Road, Phone: 428-8428 (Lynnhaven) Dr. Joshua Edwards 2141 Brush Hill Lane, Phone: 427-6313, 683-8706 (Kempsville) Suzanne Kumpf 5312 Balfor Drive, Phone: 424-4113 (Kempsville) Gerard H. Katzmann 2205 Leeward Shore Drive, Phone: 481-1526 (Lynnhaven) Martin Mulderrig 5233 Westlake Road, Phone: 464-0560 (Bayside) Dr. Ann Schwarz-Miller 1312 Taylor Point Road, Phone: 481-6124, 683-3572 (Lynnhaven) Lois Williams 2532 Lascorrales Court, Phone: 721-3547 (Princess Anne) - 4 - Ite(n I-C. ITEM # 33750 (Continued) Lieutenant William H. Barnes 3129 Sand Pine Road, Phone: 496-3328 (Lynnhaven Borough) Angel H. Creed 4253 Spruce Knob Road, Phone: 471-3339 (Kempsville) John T. Early, Jr. 174 Huntington Drive, Phone: 490-3014 (Kempsville) Frank L. Paimieri 500 Norman Lane, Phone: 340-8942 (Lynnhaven) Karen Sachs 405 Derbyshire Court, Phone: 467-9056 (Kempsville) Sheldon Corner 325 Susan Constant Drive, Phone: 428-1731 (Lynnhaven) Cynthla Pridmore 4117 North Witchduck Road, Phone: 464-5541 (Bayside) Margaret B. Reed, 2116 East Admiral Drive, Phone: 481-0649 (Lynnhaven) Nancy Lloyd 301 54th Street Phone: 428-1747 (Lynnhaven) Jennifer Smith 1308 West Little Neck Road, Phone: 486-3919 (Lynnhaven) Louisa M. Strayhorn 4501 Mossycup Court, Phone: 466-6601 (Kempsvllle) William Carson (citizen) 921 Queen Elizabeth Drive, Phone: 463-7479/473-5050 (Lynnhaven) Cecelia T. Tucker 6321 Bucknell Circle, Phone: 424-1539/622-7271 (Kempsville) Maury E. Bailey 2412 Ketch Court, Phone: 496-1934 (Lynnhaven) Sharon R. Davis 4113 Clintwood Lane, Phone: 463-6477 (Kempsville) Dr. Ronald Proctor (citizen) 6046 Clearspring, Phone: 474-1579 (Kempsville) (Spoke in SUPPORT ot Cecel la T. Tucker) Colonel Howard Williams (citizen) 1113 Five Point Road, Phone: 481-3476 (Lynnhaven) (Spoke in SUPPORT of Cecelia T. Tucker) Dr. Robert Carney Powers 2357 Hood Drive, Phone: 496-6031 (Lynnhaven) There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING at 5:15 P.M. to CONVENE the Intormal Session In the Conference Room, City Hal I Building. 5 ITEM 33751 The INFCRMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Obern dor f in the Con f erence Room, Ci ty HAII Bui Idl ng, on Tuesday, November 27, 1990, at 5:15 P.M- Council Members Present: John A. Baum, James W. Brazler, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Mernbers Absent: None - 6 - ITEM # 33752 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL 14ATTERS: Discussion or consideration of appointment of specific appointees p7r-suant to Section 2.1-344(A) (1). To-wit: Boards and Commissions as listed In the Formal Agenda. Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council voted to proceed Into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Councll Members Voting Nay: None Council Members Absent: None - 7 - F OR MA L S E S S I ON VIRGINIA BEACH CITY COUNCIL November 27, 1990 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Council Chambers, City Hall Building, on Tuesday, November 27, 1990, at 6:00 P.M. Council Members Present: John A. Saum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Thomas Murphy Virginia Beach United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 8 Item Ii-E.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 33753 Upon motion by Counc i I man He l schober, seconded by Counc l Iman Clyburn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCCRDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identifled in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 33752 Page No. 6, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Rith Hodges -omith, CMC/AAE City Clerk November 27, 1990 9 item MINUTES ITEM # 33754 Upon motion by Vice Mayor Fentress, Seconded by Councilman Sessoms, City Council APPROVED the Minutes of the INFCRMAL AND FCRMAL SESSIONS of Novernber 20, 1990. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Reba S. McCianan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 10 - item Ii-F.2. PRESENTATION/OPERATION HOMEFRONT ITEM # 33755 Mayor Oberndorf presented William L. Myers, Chairman of the VETERANS COMMITTEE, with the first two (2) boxes of M & MIS for distribution to the military. Mayor Oberndorf advised OPERATION HOME FRONT Is a series of public sector, private sector and community projects Initiated by the City of Virginia Beach at the request of Mayor Meyera E. Oberndorf. The projects of OPERATION HOME FRONT are designed to demonstrate community support for local military personnel, especially those deployed or about to be deployed to the Middle East and their dependents in Virginia Beach. The publ lc can bring sealed bags and containers of M & M's or Reeces's Pieces to the Tidewater Veterans Memorial on Nineteenth Street (directly south of the Pavil ion) on Saturday, December First from 9:00 A.M. to 5:00 P.M. Councilman Heischober and Howard "Sam" Myers wl I I be attending the f lrst four-hour shift. Rear Admiral Kenneth L. Carlsen has provided the opportunity for all collectibles for the military to be transported to the Persian Gulf. Chairman Myers expressed appreciation to the Mayor and Members of City Council on behalf of OPERATION M & M. - 11 - Item 11-F.3. RECOGNITION ITEM # 33756 Mayor Oberndorf recognized BOY SCOUT IROOP 791 In attendance during the City Council Session of November Twenty-seventh to earn their merit badges: Andy Manes Jake Manes Gall Manes - 12 - item 11-G.l. RESOLUTION/CRDINANCES ITEM # 33757 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED, AS AMENDED*: Resolution to establish the Fellowship Commii'tee as a City Oouncil-appointed Committee. *The number Twenty (20) shall be Inserted on line 39 after the words " ... That the cornmittee shall be composed of.". and before the verbiage ... Members appointed by the City Council ... Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McC]anan Council Members Absent: None I RESOLUTION TO ESTABLISH THE 2 FELLOWSHIP COMMITTEE AS A CITY 3 COUNCIL-APPOINTED COMMITTEE 4 5 6 WHEREAS, by resolution adopted November 6, 1990, CitY 7 Council endorsed "the efforts of the Fellowship Committee and its 8 interaction with the community in assessing the perceptions and 9 needs of the community" with respect to human relations; 10 WHEREAS, by said resolution, City Council requested the 11 Fellowship Committee "to provide such written reports to the City 12 council as the Council or the Committee deems necessary concerning 13 the human relations needs of the cominunity, to consider the merits 14 of a human rights commission, and to provide a final report to the 15 city Council by June 30, 1991"; 16 WHEREAS, City Council has authorized designation of the 17 Fellowship Committee as a City Council-appointed coinmittee. 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 19 CITY OF VIRGINIA BEACH, VIRGINIA: 20 That the Fellowship Committee is hereby designated a 21 City Council-appointed committee. 22 BE IT FURTHER RESOLVED: 23 1. That the purposes of the Cominittee shall be: 24 a. To assess the present human relations 25 environment in the City of Virginia Beach and indicate areas where 26 there exists aperception that rights are being violated; 27 b. To identify the existing structures of 28 government and private life which exist to assist those whose 29 rights are violated, or are charged by law with the protection of 30 human rights; 31 C. To assess the need for the establishment of a 32 human rights commission; 33 d. To invite and welcome, from as wide a perspec- 34 tive as is possible, citizen participation in the efforts to 35 assess, identify, and direct the work of the Committee; and 3 6 e. To regularly inform the Virginia Beach city 37 Council of the progress of the Committee and make a final report 38 to City Council by June 30, 1991. 39 2. That the Committee shall be composed of twenty (20) 40 members appointed by the City Council, who shall serve at the 41 pleasure of the Council; that the Committee shall automatically 42 dissolve on July 31, 1991; and that the terms of its members shall 43 also expire on that date; 44 3. That attendance records shall be kept of each 45 meeting of the Committee; that no member shall accumulate a total 46 of more than three absences; and that if this limitation is 47 exceeded, for reasons other than personal illness, death, or other 48 unusual circumstance, the appointment shall be terminated 49 automatically, or as otherwise provided by the Council; 50 4. That Committee members shall not receive compensa- 51 tion for their service on the committee; 52 5. That the Committee shall adhere to and follow all 53 provisions of the virginia Freedom of Information Act; and 54 6. That the City Attorney or his designee shall serve 55 as legal advisor to the Committee. 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia, on this 27th day of November, 1990. 58 59 CA-3995 60 R-4 61 Noncode\Fellow.Res 2 - 13 - Item II-G.l.a. ITEM # 33758 APPOINTMENTS Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: FEI-LOWSHIP COMMITTEE Rabbi David Abrams Angel Morales Conrado Calpito Reverend E. Thomas Murphy Reverend E. Ray Cox Frank P. Patterson Reverend William J. Dale Judith Rosenblatt Dr. Joshua F. Edwards Reverend Jerome C. Ross Marion Harris Miriam Seeherman Beth Kearney Helen P. Shropshire Bobbi LeFavor Reverend Yd Thoroughgood John R. Langlois, Jr. Dr. Ulysses Van Spiva Flo McDaniel Lloyd Lee Wilson whose terms shall expire July 31, 1991; and the FELLOWSHIP COMMITTEE shall automatically dissolve on that date. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None This ITEM was MOVED FORWARD on the AGENDA. - 14 - Item 11-G.2. RESOLUTIONS/CRDIMANCES ITEM # 33759 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPITED upon SECOND READING: Ordinance to APPROFRIATE $30,000 from DEA Shared Proceeds prograrn to FY 1990-91 Budget for purchase of microcomputer hardware and software re aid In criminal Investigations and prosecutions. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Reba S. McCianan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Votlng Nay: None Council Members Absent: None 1 AN ORDINANCE TO APPROPRIATE $30,000 FROM DEA SHARED 2 PROCEEDS TO THE FY90-91 OPERATING BUDGET FOR THE 3 PURCHASE OF MICROCOMPUTER HARDWARE AND SOFTWARE TO 4 AID IN CRIMINAL INVESTIGATIONS AND PROSECUTIONS 5 WHEREAS, criminal investigations by the Police Department and criminal 6 prosecutions by the Commonwealth's Attorney's Office from narcotics related 7 activities are increasing; 8 WHEREAS, additional microcomputer hardware and software will aid in these 9 investigations and prosecutions by improving case screening ability, providing 10 high quality visual presentations in court, and allowing for more timely and 11 improved communications between the Police Department and the Commonwealth's 12 Attorney's Office; 13 WHEREAS, the cost of the microcomputer hardware and software is estimated 14 to be approximately $30,000; 15 WHEREAS, there are sufficient funds available from the U. S. Department 16 of Justice Drug Enforcement Agency as the city's share of proceeds from 17 confiscated money and property as a result of narcotics investigations; 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH, 19 VIRGINIA, that funds in the amount of $30,000 from the DEA Shared Proceeds 20 Program be appropriated to the FY90-91 Budget for the purchase of microcomputer 21 hardware and software to aid in criminal investigations and prosecutions. 22 Adopted the 27 day of November, 1990, by the Council of the City of 23 Virginia Beach, Virginia 24 This ordinance shall be in effect from the date of its adoption. November 20, 1990 25 First Reading: 26 Second Reading: November 27, 1990 1 5 Item 11-G.3. RESOLLJT IONS/CRD I NANCES ITEM # 33760 Upon motion by Councilman Lanteigne, seconded by Counci Iman Sessoms, City Council ADOP'TED, AS REVISED*: ordinance declaring EXCESS property adjacent to Ashbury United Mothodlst Church In Pungo; and, authorizing the City Manager to dispose of same. *Deed Book 2953, at Page 1130 was inserted on line B. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY EXCESS AND AUTHORIZING THE 3 CITY MANAGER TO DISPOSE OF SAME 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 WHEREAS, the City of Virginia Beach acquired ownership 7 of the following described property by deed recorded in Deed Book 8 2953, at Page 1130; and 9 WHEREAS, the City Council is of the opinion that the 10 following described property is in excess of the needs of the City 11 of Virginia Beach; 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 1. That the following described property is hereby 15 declared to be in excess of the needs of the City of Virginia Beach 16 and that the City Manager is authorized to convey said property in 17 the manner he deems in the best interests of the City of Virginia 18 Beach reserving therein any and all easements pertaining thereto, 19 and further that such property be declared in excess of the needs 20 of the City and is more particularly described as follows: 21 ALL THAT CERTAIN piece or parcel of 22 land lying in Pungo district and 23 containing by estimation half acre 24 more or less and bounded as follows: 25 commencing at the public road and 26 running an eastwardly course to the 27 back line of church lot and bounded 28 on the north by the church lot 29 thence turning and running 30 southwardly course to a marked post 31 four feet north of the present ditch 32 then turning and running westwardly 33 course to a marked post thence the 34 public road and in a line of marked 35 posts and bounded on the east by the 36 land or John D. James on the south 37 by the lands of John D. James on the 38 west by the public road. 39 It being the same piece or parcel of 40 land conveyed to the city of 41 Virginia Beach by the School Board 42 of the City of Virginia Beach, by 4 3 deed dated the 26th day of November, 44 1990, and duly recorded in the 45 clerk's office of the Circuit Court 46 for the city of Virginia Beach in 47 Deed Book 2953 at Page 1130. 48 2. Any building site created shall connect to public 49 water and sewer where available. 50 3. This ordinance shall be effective from the date of 51 its adoption. 52 A three-quarter Council vote is required for adoption of 53 this Ordinance. 54 Adopted by the council of the City of Virginia Beach, 55 Virginia, on the 27 day of Nov@ 1990. 56 R-2 57 \ordin\noncode\ex-prop.ord 2 r - 16 - item 11-H.1/2/ PUBLIC HEARING ITEM # 33761 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (1) WALTER F. SULLIVAN CONDITIONAL USE P91MIT (b) HOY CONSLRUCTION CONDITIONAL USE PERMIT (c) WILLIAM T. WINGFIELD STREET CLOSIRE (d) CITY ZONING CRDINANCE AMEND)RECRDAIN ARTICLE I/ SECTION 102(b) (5) re official zoning map PLANNING (a) GECRGE E. LANGLEY RECONSIDERATION of Condition 1 (b)I.FIRRELL PARKWAY ASSOCIATES, INC. AND, THE BROWN FARM ASSOCIATES RECONSIDERATION of Condition 8. (b)2.FERRELL PARKWAY ASSOCIATES, INC. STREET CLOSLRE AND, THE BROWN FARM ASSOCIATES (c) CENTRAL FIDELITY BANK SLREET CLOSLFTE - 17 Item 11-H.l. PUBLIC HEARING PLANNING BY CONSENT ITEM # 33762 Upon motion by Councilman Louls Jones, seconded by Vice Mayor Fentress, City Council APPROVED In ONE MOTION Items la, b, c and d of the PLANNING BY CONSE14T AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 18 - item 11-H.l.a PUBLIC HEARING PLANNING BY CONSENT ITEM # 33763 Upon motion by Councilman Louis Jones, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon appl ication of WALTER F. SULLIVAN, Bishop of the Catholic Diocese of Richmond for a Conditional Use Permit: CRDINANCE UPON APPLICATION OF WALTER F. SULLIVAN, BISHOP OF THE CATHOLIC DIOCESE OF RICHMOND FOR A CONDITIONAL USE PERMIT R011901348 BE IT HEREBY CRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon appl lcation of Walter F. Sul livan, B] shop of the Cathol i c D I ocese of R I chmond, f or a Conditional Use Permit for a church and an education/social center on the north side of Salem Road beginning at a point 350 feet west of Lisbon Road. The parcel Is located at 2304 Salem Road and contains 8.618 acres. KEMPSVILLE BOROUGH. The tollowing conditions shall be required: 1. Only one entrance shall be allowed off Salem Road to this site. 2. Right and left turn lanes may be required with the development of this site. 3. Site plan must be modified to show an area for construction of a wet pond to handle stormwater runoff In accordance with the Stormwater Management Ordinance. The OWNER or LEGAL REPR ESENTAT I VE of the Owner, has rev I ewed the cond i t i ons f or APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT Is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- seventh of November, Nineteen Hundred and Ninety. - 19 - Item 11-H.l.a PUBLIC HEARING PLANNING BY CONSENT ITEM # 33763 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None STATEMEKr OF CONSENT APPLICANT: WALTER F. SULLIVAN Bishop of the Catholic Diocese of Richmond APPLICATION: Conditional Use Permit - Salem Road/Lisbon Road (Kempsville Borough) DESCRIPTION: Church and Education/Social Center CITY COUNCIL SESSION: November 27, 1990 THE UNDERSIGNED OWNER CR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FCR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FCR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. On I y one entrance sha I I be a I I owed of f Sa I em Road to th i s site. 2. Right and left turn lanes may be required with the development of this site. 3. Site plan must be modified to show an area for construction of a wet pond to handle stormwater runoff In accordance with the Stormwater Management Ordinance. Owner B Date: - 20 - Item II-H.I.b PUBLIC HEARING PLANNING BY CONSENT ITEM # 33764 Upon motion by Councilman Louis Jones, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of HOY CONSTRUCTION INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HOY CONSTRUCTION INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OTHER THAN OF AN OUTDOOR NATURE (INDOOR PUTT-PUTT) R011901349 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA Ordinance upon application of Hoy Construction Inc., Contractor for Outdoor Creations for a Conditional Use Permit for a commercial recreational facility other than of an outdoor nature (indoor putt-putt) at the northwest corner of Virginia Beach Boulevard and Construction Drive. The parcel is located at 4566 Virginia Beach Boulevard, Units 1 and 2 Pembroke Mall, and contains 6,020 square feet. BAYSIDE BOROUGII. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- seventh of November, Nineteen Hundred and Ninety. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 21 - Item 11-H.I.c PUBLIC HEARING PLANNING BY CONSENT ITEM # 33765 Upon motion by Councilman Louls Jones, seconded by Vice Mayor Fentress, City Council APPROVED an Ordinance upon application of WILLIAM T. WINGFIELD, subject to compliance of conditions by May 28, 1991, for the discontinuance, closure and abandonment of portions of Emblem Road and Shell Roads. Ordinance upon application of Williarn T. Wingfield for the discontinuance, closure and abandonment of portions of Emblern Road and Shell Roads located at the northeast Intersection of said streets. The parcels contain 2,495 square feet. BAYSIDE BCROUGH. The following conditions shall be required: 1. The ultimate disposition of this property shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Oftice as to who owns the underlying fee. 2. Resubdivision of the property and vacation ot internal lot lines to Incorporate the closed area Into the adjoining parcel is required. 3. The applicant shall field locate the existing force main withln Shell Road and forward the Information to the Department of Public Utilities. A uti I ity easement satisfactory to Public Utilities may be required. 4. If a utility easement Is required, the applicant shall submit a revised ordinance closing the right-of-way to the City Attorney's Office. The redraft shall include a "save and except" clause for the utility easement referenced In Condition #3, if required. 5. The applicant Is responsible for making arrangements to accornmodate any non-municipal utilities which may be located in the rights-of-way proposed for closure. Evidence that appropriate easements may have been granted to Virginia Electric and Power Company must be submitted to the Planning Department. 6. Closure of the rights-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council, (May 28, 1991). The OWNER or LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT Is hereby made a part of the proceedings. - 22 - Item II-H.I.c PUBLIC HEARING PLANNING BY CONSENT ITEM # 33765 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None STATEMENT OF CONSENT APPLICANT: WILLIM T. WINGFIELD APPLICATION: Street Closure DESCRIPTION: Portions of Emblem Road and Shell Road (Bayside Borough) CITY COUNCIL SESSION: November 27, 1990 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APFROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FCR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. The ultimate disposition of this property shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Otfice as to who owns the underlying fee. 2. Resubdivision of the property and vacation of Internal lot lines to Incorporate the closed area Into the adjoining parcel Is required. 3. The applicant shall field locate the existing force main within Shell Road and forward the information to the Department of Publ ic Utilities. A quality easement satisfactory to Public Utilities may be required. 4. If a utility easement is required, the applicant shall submit a revised ordinance closing the right-of-way to the City Attorney's Office. The redraft shall include a "save and except" clause for the utility easement referenced in Condition #3, if required. 5. The applicant is responsible for making arrangements to acc(xnmodate any non-municipal util lties which may be located in the rights-of-way proposed for closure. Evidence that appropriate easements have been granted to Virginia Electric and Power Company must be submitted to the Planning Department. 6. Closure of the rights-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. Owner By: Attorney/Agent Date /.- K@-2 @@ ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS, KNOWN AS EMBLEM ROAD AND SHELL ROAD, AS SHOWN ON CERTAIN PLAT ENTITLED, 'RESUBDIVISION OF LOTS 39, 40 & 41 SHELTON PLACE BY STREET CLOSURE M.B 13, PG. 40, M.B. 73, PGS. 49, 52 & 53, M.B. 133, PG. 32 D.B. 1462, PG. 643, D.B. 188, PG 327, D.B. 2855, PG. 1983 FOR WILLIAM T. WINGFIELD, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA'. WHEREAS, it appearing by affidavi.t that proper notice has been given by William T. wingfield, that he would make application to the Council of the City of Virginia Beach, Virginia, on , 1990, to have the hereinafter described portion of certain streets discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said portion of those certain streets be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described streets be discontinued, closed and vacated: A portion of Emblem Road and Shell Road, designated as 'Cross Thatched area = 2 , 49 5 Sq . Ft or 0 . 057 Acre" and beginning at a pin where the east line of Emblem intersects the south line of Independence Boulevard as shown on that certain plat entitled "Resubdivision of Lots 39, 40 & 41 Shelton Place by Street Closure for William T. Wingfield" thence S 08 deg 35 min 10 sec W 132.15' to a pin, said pin being the point of beginning, thence S 08 deg 35 min 10 sec W 60.38 feet to a point; thence along a curve to the left having a radius of 20 feet an arc distance of 31.80 feet to a point; thence along a curve to the left having a radius of 2,061.93 feet an arc distance of 69.12 feet to a point; thence N 10 deg 01 min 32 seC E a distance of 20 feet to a pin; thence along a curve to the left having a radius of 2,081.93 feet an arc distance of 30 feet to a pin; thence GPIN: 1479-14-6110 along a curve to the right having a radius 60 feet an arc distance of 94.25 feet to the point of beginning. Said parcel of land being a portion of Emblem Road and Shell Road. SECTION II A certified copy of this ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor and William T. Wingfield as Grantee. Adopted: G-PIN 1479 14 6110 2 - 23 - Item 11-H.l.d PUBLIC HEARING PLANNING BY CONSENT ITEM # 33766 Upon motion by Councilman Louis Jones, seconded by Vice Mayor Fentre55, City Council ADOPTED: CRDINANCE TO AMEND AND RECRDAIN ARTICLE 1, SECTION 102 (B) OF THE CITY ZONING CRDINANCE PERTAINING TO ESTABLISHMENT OF DISIRICTS AND OFFICIAL ZONING MAPS. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO AMM AND REO AMCLE 1, SEMON 102(b) OF THE Crl!y ORDINANCE PERr TO ESTABLISHMERR OF DISMCIS AND OFFICIAL ZONINR. MAPS BE rr 0 BY ME CDWCIL OF ME CM OF @@ BEAai, @DM: @t Section 102(b)(5) of the City Zoning ordinance be amended ar)d reordair)ed as follcws: (5) Limitations of application of rules above. Notwithstanding the provisions of section (4) (i) through (vi) @, rio interpretation smll be mde which changes the zoning status of a lot or parcel;-. t! aft Adopted by the Council of the City of Virginia Beach, virginia, on the 7 day of ovember 1990. - 24 - Item 11-H.2.a. PUBLIC HEARING PLANNING ITEM # 33767 John W. Grimsley, 9073 Eucl ld Avenue, Manassas, Virglnia, Phone: (703) 368- 3171 ) represented Merchants' III, in c. whl ch operates Merchants Ti re and Auto Center, 1000 Laskin Road. Upon motion by Councilman Brazler, seconded by Councilman Sessoms, City Council APPROVED, at the REQUEST OF GECRGE E. LANGLEY and MERCHANT'S 11, INC., DELETION of Condition Number One In the July 8, 1985, APPROVED appl ication of JOHNSON, INC., T/A HETRY JOHNSON TIRE CENTER for a Conditional Use Permit for tire sales, Installation and repair. CRDINANCE UPON APPLICATION OF JOHNSON TIRE CENTER FCR A CONDITIONAL USE PERMIT FCR TIRE SALES, INSTALLATION AND REPAIR R0785759 Ordinance upon appl lcation of Johnson, Inc., T/A Henry Johnson Tire Center for a Conditional Use perm i t f or t I re sa I es, I n sta I I at I on and repa i r on certain property located at the northwest corner of Laskin Road and Oriole Drive. Said parcel Is located at 1000 Laskin Road and contains 32,670 square feet. Plats with more detailed Information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be DELETED: 1. Approval shall be for a five (5) year period. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 25 - Item II-H.2.b.l. PUBLIC HEARING PLANNING ITEM # 33768 Tuck Bowie, 1709 Oxen Court, Phone: 340-0322, represented the applicant Lou Pace, 1608 Hunts Neck Court, Phone: 468-0925, represented himself and spoke in OPPOSITION: Upon motion by Councilwoman McClanan seconded by Councilman Baum, City Council AMENDED Condition No. 8 in the Petition of FERRELL PARKWAY ASSOCIATES, INC. and THE BROWN FARM ASSOCIATES for the discontinuance, closure and abandonment of a portion of Strawbridge Road: Ordinance upon application of Ferrell Parkway Associates, Inc., and the Brown Farm Associates for the discontinuance, closure and abandonment of a portion of Strawbridge Road beginning at the western boundary of General Booth Boulevard and running in a northwesterly direction a distance of 364 feet more or less. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. DELETED a portion of Condition Number Eight in the April 30, 1990, APPROVAL, relating to the requirement that a 5-foot no ingress/egress easement be plotted along General Booth Boulevard. 8. A five-foot, no-ingress/egress easement currently runs along the Northeast side of Strawbridge Road. This five-foot, no-ingress/egress easement shall be continued from the proposed terminus of Strawbridge Road, around the proposed cul-de-sac and end at the pin dividing Parcel A from Parcel B. a five goet, ne ingEess/egFess eagelfien@ m platted along BeelevaEd in the -porti:gn oF elesufe. In lieu of this condition, the developer shall construct a right turn lane, including right-of- way, and be responsible for all associated costs as the site develops. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 26 - Item II-H.2.b.2. PUBLIC HEARING PLANNING ITEM # 33769 Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council DEFERRED Compliance an additional ninety (90) days until the City Council Session of February 26, 1991, Petition of FERRELL PARKWAY ASSOCIATES, INC. and THE BROWN FARM ASSOCIATES for the discontinuance, closure and abandonment of a portion of Strawbridge Road. Ordinance upon application of Ferrell Parkway Associates, Inc., and the Brown Farm Associates for the discontinuance, closure and abandonment of a portion of Strawbridge Road beginning at the western boundary of General Booth Boulevard and running in a northwesterly direction a distance of 364 feet more or less. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 27 - Item 11-H.2.c. PUBLIC HEARING PLANNING ITEM # 33770 Cla ude W. Harrison, Ass l stant VIce Pres l dent and FacIIit l es Manager for Central Fidelity, Phone: 523-4370, represented the applicant Upon mot I on by Counc I I man Jones, seconded by Counc I I man He I schober, C i ty Council DEFERRED until the City Council Session of December 6, 1990, the petition of CENTRAL FIDELITY BANK for the discontlnuance, closure and abandonment of a portion of Cleveland Street: Application of Central Fidelity Bank for the discontinuance, closure and abandonment of a portion of Cleveland Street beginning at the western boundary of Independence Boulevard and running In a westerly direction a distance of 225 feet. Said parcel is 50 feet In width. More detalled Information Is available in the Department of Planning. BAYSIDE BCROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: WilliamD. Sessorns, Jr. Council Members Absent: None Councilman Sessoms ABSTAINED as he Is an employee of CENTRAL FIDELITY BANK - 28 - Item 11-1. APPOINTMENTS ITEM # 33771 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESSIVATION AREA BOARD COMMUNITY SERVICES BOARD DEVELOPMENT AUTHCRITY FRANCIS LAND HOUSE BOARD OF OOVERNCRS PLANNING COMMISSION RESCRT AREA ADVISCRY COMMISSION SCHOOL BOARD TIDEWATER DETENTION HOME - 29 - Item II-J.1. UNFINISHED BUSINESS ITEM # 33772 BY CONSENSUS, City Council Received for the Record, as submitted by the General Registrar: ABSTRACr OF VOTES - General Election on November 6, 1990. United States Senate House of Representatives Soil and Water Conservation Director Constitutional Amendments - 30 - Item II-K.I.a.b. NEW BUSINESS ITEM # 33773 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council CANCELLED: CITY COUNCIL SESSIONS Tuesday, December 25, 1990 (Christmas Day) Tuesday, January 1, 1991 (New Year's Day) Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 31 - Item II-K.2. NEW BUSINESS ITEM # 33774 Mayor Oberndorf referenced telephone call from Ruth Akright, Executive Director of the Wolfsnare House. Mrs. Akright advised the Princess Anne Historical Society has offered their assistance in completion of the study and publication of the Historical Homes in Virginia Beach. The City Manager will investigate and advise. - 32 - Item II-K.3. NEW BUSINESS ITEM # 33775 Councilwoman McClanan referenced a letter of Margaret E. Johnson relative the drainage project at Wolfsnare. Mrs. Johnson indicated her property is being utilized as a drainage easement and she is not being reimbursed. C. Oral Lambert, Director of Public Works, advised of a meeting with the City Engineer and Mrs. Johnson on November Twenty-sixth to review the project. An engineer also reviewed the problem on the site today, November Twenty-seventh. Mr. Lambert was not confident Mrs. Johnson's concern could be addressed to her satisfication, as this is a natural drainageway. The project to pipe the ditch at the Upper End of Wolfsnare Creek behind the existing homes would pipe it up to a point at Mrs. Johnson's property line and discharge the water into the existing natural way. It is her desire to continue the piping on through her property. The project proposes to acquire and reimburse her for an easement to build a rip-rap outfall right at the end of the pipe, which would be on her property. - 33 - Item II-K.4. NEW BUSINESS TTEM # 33776 Councilwoman Parker referenced correspondence of November Twentieth relative acquisition of property for Ferrell Parkway at Atwoodtown Road. Councilwoman Parker was under the impression the property owners from Atwoodtown Road at Sandbridge were willing sellers; however, the letter indicated the City might have to go to condemnation. Councilman Baum advised anytime property is acquired, a definite time limit must be established to use condemantion, if necessary. - 34 - Item II-K.5. NEW BUSINESS ITEM # 33777 Councilwoman Parker referenced the newspaper Article on Sunday, November 25, 1990, relative the Southeastern Public Service Authority landfill/recycling center in Camden County, North Carolina. Mayor Oberndorf advised SPSA is engaged in a long range planning effort and exploring and negotiating with a number of sites. This will determine if there is a possibility for joint cooperative effort in the disposal of solid waste. In addition to waste energy and recycling, there will still be a need for landfills. This has not come back for a vote or a definite commitment. Councilwoman McClanan advised she and Councilman Clyburn attended the Virginia Power presentation at Surry, Virginia. Virginia Power indicated their attempts at negotiations with SPSA relative the conversion of trash to energy. SPSA had not been responsive. Durwood S. Curling, Executive Director - Southeastern Public Service Authority, will respond to City Council concerns. Mayor Oberndorf will also contact Virginia Power to advise their concerns to Members of City Council. The City Manager advised Councilwoman Parker, the City does not presently have buyers for all their recyclebles, but will pursue the Navy's efforts and determine if the City can utlize some of their buyers. - 35 - Item II-L.I. ADJOURNMENT ITEM # 33778 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 7:12 P.M. BeverlyOD. Hooks Chief Deputy City Clerk u@th City Clerk City of Virginia Beach Virginia