MAY 24, 1994 MINUTES
(2 it -., t ) I - @i t-@ i I I i @ i I l@- l@l I
"WORLD'S LARGEST RESORT CITY'@
(@ITY C.OL N(:Il-
CITY COUNCIL AGENDA
. ........ . ..
MAY 24, 1994
CITY MANAGER'S BRIEFINGS - Council Chamber - 3:00 PM
A. FIAMPTON ROADS CHAMBER OF COMMERCE PLAN 2007
James F. Babcock, Immediate Past Chairman
William A. Schlimgen, Chairman - karginia Beach
B. SOUTHEASTERN EXPRESSWAY
Robert J. Soott, Director, Planning Department
(Sponsored by Councilman John A. Baum)
11, INFORMAL SESSION - Council Chamber - 4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ill. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION: Reverend David D. Rieve
Avalon Hills Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1 . INFORMAL & FORMAL SESSIONS May 5, 1994
2. INFORMAL & FORMAL SESSIONS May 10, 1994
ANA
VO'4"S P"CSEUT4'noiv
1. PR@MA
a. AVYJUA(IOR ESERVEOFFCERTR NN CoRpS
170# - Af R 1 At I G
(3REEN RUN and PRINCESS ANNE HIGH SCHOOLS
H. CONSENT AGENDA
All matters li@ed Jnder the Consent Agen@ a- oonsidered in ft ordina ur e of b ss
by City Cooncjl and will be enacted bv one motion in e form listed an is removed from
ry cO s tisine
the Consent Agenda, it will be discti th if item
ssed and voted upon separately.
1. k)n eq
urban system highway projeo T) st
RGSOIut r uesting the Virginia Department Of Transportation (vDO e ablish an
re
imProvements at intersw Independence BOulevard IV-C (CIP 2-219)
ion of Pembroke Boulevard and HaYgOod Road; and, that the
City PaY its share of the total cost.
2. Ordinance to APPROP IAT Two-for-Life
Fund to the FY 1993 R E $4,825 in addit ona revenues om e te
- 1 994 Operating Budget' Of tlhe Departmfrent oth Sta
f Emergency Medical
Services re purchase of additional communications equipment and increase revenues
accordingly.
3. Ordinance approving a cooperative agrGOment between the City Council and the School
80ard re legal services provided the Sdml Board by the Office of the City Aftomey;
and, authorizing the APPROPRIATION of $53,806 to the City Aftomey's FY 1994-1995
Operating Budget.
1. RESOLUTIONS/ORDINANCE
1. Resoiufion supporting the expansion of Seateck Community Center to include a pool
and gymnasium for the long-range benefft of the community; directing the preparation and
scheduling of a Bond Authorization Ordinance and Amendinent to the FY 1994-1995
Capltal Budget: and, directing advertising for a Public Hearing at 2:00 PM, June 14,
1994. (Sponsored by Mayor Moyera E. Obemdorf and Council Members John D. Moss
and Nancy K. Parker)
2. Resolution directing the City Manager prohibit on-street parking in the Croatan swion
of the City from 10:00 AM to 6:00 PM, from the Friday preceding Memorial Day and
ending on Labor Day. (Sponsored by Councilman James W. Brazier, Jr.)
S. Ordinance declaring EXCESS property interests in the City's Riparian Water Rights at the
end of Winwood Drive fronting on a cove off Unkhorn Bay; and, authorizing City
Manager to dispose of same by Quitclaim deed re facilitating resolution of a dispute
among waterfront landowners.
J. PUSUC HEARING
1 PLANNING
a. RECONSIDERATION of the Application of MCDONALD'S CORPORATION for a
Condftoonal Chanae of Zoning District Classd*catoon from B-1 Business Residential
postrict to B-2 Commun*ty Busoness Distrect on the North side of Princess Anne
Road beginning at a point 800 feet more or less East of James Madison
Boulevard, containing 38,419.92 square feet (PRINCESS ANNE BOROUGH).
Scheduled for Reconsideration: April 5, 1994
Recommendation: APPROVAL
b. Application of VIRGINIA BEACH FOUNDATION for a
from at the
S t corner c (I 1 13 Atlantic Avenue),
oontaining 15,750 8 OUGH).
Recommendation: VATHDRAWAL
C. Application of TEA CELLULAR NETWORK SERVICES for a
@ for a 2750 feet more or less Wast of
General Booth 13oulevard, 2640 feet more or less North of London Brkige Road
(2385 London Bridge Road), containing I 0 acres (PRINCESS ANNE BOROUGH).
Deferred: May 10, 1994
Recommendation: APPROVAL
d. Application of JACK RABBIT/HOLLAND ROAD fbr an
for the expansion of an existing
(4193 Holland Road), containing 1.08 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
e. Application of WILUAM B. CROSS for a to Section 4.4(b) of the
Subdivision Ordinance which requires that all lots created by subdivision meet all
requirements of the City Zoning Ordinance on the South side of Connie Lane,
558.88 feet East of Newtown Road (BAYSIDE BOROUGH).
Recommendation: APPROVAL
f. Application of JOHN A. COLAPRETE for a to Section 4.4(b) of the
Subdivision Ordinance which requires that all lots created by subdivision meet all
requirements of the City Zoning Ordinance at 118 Pinewood Road
(VIRGINIA BEACH BOROUGH).
Recommendation: APPROVAL
9. Application of RAYMOND EARNEST WALKER for a Varoance to Section 4.4(b)
of the Subdivision Ordinanoe which requires that all lots created by subdivision
meet all requirements of the City Zoning Ordinance at 1465 Bander Court
(LYNNFIAVEN BOROUGH).
Recommendation: APPROVAL
h. Application of JON DOBBS for a ion from
East
Recommendation: APPROVAL
i. Application of QUICK 10 CORPORAT10N for a for an
on the North side of Wesleyan Drive, 800 feet East of
Diamond Springs Road, containing 31,538 square feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
Application of MARTHA E. ATHEY for a Condkional Use Permk for a ooinmercial
marina on Lots 8, 9, 1 0 and I 1, Block 22, Lynnhaven Shores (2161 Vista Circle),
oontaining 41,382 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
k. Application of CITY OF VIRGINIA BEACH for a Condftoonal Use Perrnit for a
group home (Pendleton Child Care Service Center) on the South side of North
Landing Road at the Southeast terminus of George Mason Drive (2473 North
Landing Road), containing 7.07 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
1. Ordinances to AMEND and REORDAIN the City Zoning Ordinance:
(1) Sections 1 1 1 and 1401 redefinitions.
(2) Section 201 re yards.
(3) Section 203 re off-site parking requirements.
(4) Section 211 re signs permitted In all districts.
(5) Section 235 re housing for the aged, disabled and handicapped.
(6) Sections 401, 501. 601, 801, 901, 1001, 1511, 1521 re use
regulations.
(7) Sections 602 and 1522 re dimensional requirements.
(8) Section 1005 re sign regulations.
Recommendation: APPROVAL
M. Ordinance to AMEND and REORDAIN Section 6.3 of the Subdivision Ordinance
of the City of Virginia Beach, Virginia, re final plats and data.
Recommendation: APPROVAL
n. Ordinance to AMEND and REORDAIN Appendix F, Sections 106, 108,110,113
and 1 1 4 of the Chesapeake Bay Ordinance of the C@ of Virginia Beach, Virginia,
re minor projects.
Recommendation: APPROVAL
0. Application of RESIDEN71AL CONCEPTS, LTD., by Robert M. Johnson, for a
Cond'tional Use Permit for a flex suite on Lot 153, Church Point
(4044 T-imber Ridge Drive), containing 17,424 square feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
K. UNFINISHED BUSINESS
L. NEW BUSINESS
I . Abstract of Votes cast in the General Election held on May 3, 1994, for the Virginia
Beach City Council and School Board.
M. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Dea@
5/19/94cmd
AGENDA\5-24-94.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virgiriia
May 24, 1994
MaYor Meyera E. Oberndorf called to order the CITY @AGER IS BRIEFINGs to the HRGINL4
BF,4CH CITY COUNCIL in the Council Cha-ber, City Ifall Building, on Tuesday, May 24, 1994, at
3:00 P.M.
Council Members Present.-
JOhn A. Baum, Linwood 0. Branci4 111, Robert W. Clyburr4 Robert K
Dean, Louis k Jones, Paul J. Lanteigne, @n D. Moss, Mayor Meyera
E. Oberndorf and Vice Mayor William D, Sessoiw, Jr.
Council Members Absent:
James W Brazier, Jr. [ENTEPED: EXECUTIVE SESSION
4.-55 P.M.]
Nancy K Parker JEAITERED: 3:22 P.M.1
Vice Mayor Ses--, being a CorPorate Officer of Central Fidelity Bank, disclosed there were no mauers
on the agenda in which he has a '@ersonal interest" as defined in the Act, either individually or in his
caPacity as an officer of Central Fidelity Bank 7he Vice Mayor regularly makes this Disclosure as he
-y - may not know of the Bank's inter-t in any application that nwy come before City Council. Vice
MaYor Sessoms' letter of May 24, 1994, is hereby made a part of the record.
W"I'AM D SESSOMS JR
001@C.ILMA@ AT I ARGE BN GREEN@ REI ARC,
'IRG @ll BE@CL, "@GIN A 23@5,
M@tv 24, 199cl
Mrs. Ruth Hodges Siiiitli, ('M('/'AAE
City Clerk
Municipal Center
Virginia Beach, Virgini@i 2345(,
Re: Coliflic, ot Iiiterests Act
Dear Mrs. Smith:
Iii accordance witli iiiy letter to yoll dated AugLISt 10, 1993, 1 have thoroughly
reviewed the agenda for the M@ty 24, 1994, iiieeting of City Council for the purpose of
identifying any MatteFs iri whicii I inight have zill @ictu@il or potential conflict under th,
Virginia Conflict of Interests Act. BIsed on thit revie@@, please he iidvised that, to the best
of my knowledge, there are tio i@itters on the iigendi iti which I have a "personal interest,"
@is defined in the Act, eitlier iiidividlially or ifl iriy cipicitv @is ,iii officer of Central Fidelity
Bank. Accordingiv, I reSI)e('ttLilIv reqLleSt thit voil I-ec(,]-c@ this letter in the offici@il records
of the COLincil.
Th@ink you for YOLII- @issist@iiice tn(I c()OI)CF@iti0t] ii, tliis iTi,,itter.
Very t] Lliy votirS,
Willi@ll'i 1) Sessonis, Jr.
vic'e-m,lv()
WDS,Jr./dmc
- 2 -
CITY MANAGER'S BRIEFING
HAMPTON ROADS CIL4MBER OF COMMERCE PL4N 2007
3:00 P.M.
ITEM # 38001
James F Babcock, Inunediate Past Chairman of the Hampton Roads Chamber of Commerce, advised
PLAN 2007 is a vision of Greater Hampton Roads in the year 2007, as created by 430 architects,
bankers, econoinists, educators, corporate leaders and public officials, who gathered in lengthy sessions
during the spiing and suninter of 1993 to chart a renewed course for the region. They generated an
e,xtraordinary vision of what this unique region could and should be in the 2]st Century. Mr. Babcock
presented a video explaining the visions of the economy in the 21st Century. 2007 is the four hundredth
anniversary of the settlement of Jamestown. Today's Hampton Roads' residents face an uncertain future.
Declining defense spending will cost 24, 000 civilian jobs over the next 4hree to five years. 7he prosperity
and growth experienced aver the past two decades, averaging 14,500 new jobs per year, may well be
replaced by the painjw reality of zero growth.
On its Four-hundredth anniversary in 2007, Hampton Roads will be:
America's gateway, the premier port of the nation @ eastern seaboard
7he defense establishment's pr@iy strategic location on the east coast.
A maritiine community with unique shipbuilding and ship repair
capabdities.
A center of advanced technological research, engineering and
manufacturing.
A globally competitive tourism desfination.
Ihe model weuness community for the easterri United States.
Hampton Roads will be renowned for:
Superior multi-model transportation system.
Strong support network for business and manufacturing.
F-Xcelient system of schools and universities.
High quality of life and cukure.
Sound govemment and conimiued community leaders.
Copies of PLAN 2007 were distributed to City Council, and are hereby made a part of the record. PLAN
2007 describes a vision for each of the six necessary building blocks of a community's economic growth:
strong educadon, adequate infrastructure, a high quauty of Ufe, sound govemment, commiued private
leadership and economic development. 77ie vision for economic development is shown in the PL4N 2007
in the form of separate vision statements, strategic objectives and strategic initiatives for each of the
region's six major industry clusters -- ShipbuddingIDefense, TourismIRecreation, Technology,
Manufacturing, TransportationIDistribution and HealthlBiomedical. 7hese six industry clusters, with the
military, have provided most of the region's past growth and are expected to drive its future expansion.
A document entitied, "Recommendations " ' has been presented to the Hampton Roads Planning District
Commission for Lmpraving the mechanisms of regional cooperation. 7his encompasses five topics: (1)
Economic Development, (2) Toulism, (3) Transportation Planning, (4) Acquisition of equity capital
problem, and (5) Weflness.
May 24, 1994
- 3 -
CITY MANAGER'S BRIEFING
HAMPTON ROADS CHAMBER OF COMMERCE PL4N 2007
ITEM # 38001 (Continued)
Mr. Babcock advived FORWARD HAMPTON ROADS @nded $103,000 last year to arrive at this
point Mr. Babcock advised part of the proposal delegated by the HRPDCs Board to the City Manager's
group was a request of $100,000 for a consultant to oversee the project.
7he two areas to which the Cities would be requested to make a financial investment would be Equity and
Wegness.
May 24, 1994
- 4 -
CITY MANAGER'S BRIEFING
SOUTHEASTERN EXPRESSWAY
3:42 PM.
ITEM # 38002
Robert J Scou, Director of Planning, advzsed the City Council has established the Southeastern
F-rpressway as one of its toppriorities, which is essential to the non-residential expansion of our tax base
in the City, as well as to City Council's strategy of achieving a 70130 mix. It is essential to the economic
well being and economic growth of the City. 77tis F-rpressway links several key features in the region. Mr.
Scou displayed a map depicting in yeflow the line of the expressway. Ihe Municipal Center, Lake Ridge,
the prcposed Race Track, Taylor Tract, Corporate Landing, Oceana and Route 44 lie along or near this
Route, and are in need of being linked together by a major arterial of this nature. 7his project way first
proposed in 1983. In August 1992, this project was near death due to environmental objections raised by
EPA and the Corps of Engineers. A more conservative effort was begun to work with those agencies. At
this particular point, thirty -nine (39) alignments were shown on the Candidate plans. 7hese crisscrossed
the entire City generally from the northeast to the southwest. 7he City of rirginia Beach endorsed the
BEIO AUgnmen4 and this was placed on the Master Street and Highway Plan. During this time, there
were five ad&tional alignments generated and those are shown in combination on the map. 7he most
important physical feature in the whole area is Stumpy @.
Mr. Scott advised the agencies believed out of all of the-se aligmnents, one was preferred. 7his is depicted
on the map. 7his alignment is somewhat different from the BEIO. 77ie Supplemental Draft and
Environmentd Impact Statement will be distributed during the month of July. Tentative dates for Public
Hearings will be August Second and 7hird. 7he Final Afignment should be selected by September 1994.
A decision is hoped for by December 1994. 7he City, in the past, has acquired certain parcels ofproperty
for purposes of use in the Southwestern Expressway. Zhe funds expended in this acquisition can and will
be reimbursed by YDOT 77te map depicts certain projects through which the proposed alignment passes:
Old Pouer Borrow A4 Churchill Downs property, Fountain Gate property, subdzvisions in the Holland
Road arei; Widgeon Property, Lake Ridge property and the Hillcrest property. 7he Hillcrest development
is underway and is appraximately 320 lots on 167 acres zoned R- 15. All of the lots would be on wells.
Mr. Scott advised the choices:
1. Acquire the property in the immediate future and be
reimbursed by the State.
2 Wait until such time as VDOT decides to deal with the property
as part of the VD40T Acquisidon Program.
7he majority of the serious environmental concerns have to do with property in Chesapeake, not P-irginia
Beack 7he road has been realigned so it is right on top of Elbow Road, which eliminates one of the main
disruptive forces in that area and is an acceptable environmental solution to the problem.
BY CONSENSUS, City Council shall ADD to the FORAL4L SESSION under UNFINISHED BUSINESS,
the vote to SCHEDULE a Pubhc Hearing and Resolution to begin acquiring certain necessary rights-
of-way for the Southeastern Expressway.
7he City Manager advised the alignment PUBLIC HEARINGS would be held in August.
Mayor Oberndorf requested Robert Scou provide information regarding all the home owners affected by
the proposed alignment in order that they may be notified
May 24, 1994
- 5 -
ITEM # 38003
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the 1,7RGINL4 BF-4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 24, 1994, at 4:40 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branck III, Robert W Clyburn, Robert K
Dea?4 Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K Parker and Vice Mayor William D. @essoms, Jr.
Council Members Absent.,
James W Brazier, Jr.
May 24, 1994
- 6 -
ITEM # 38004
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 purpose:
PERSONNEL IKA 7TFRS, Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotior4 performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
21-344 (A) (1).
Performance Review: Council Appointees
To-Wit.- Appointments: Boards and Commissions:
Review of Allocation Committee -
(Community Organization Incentive (;rant
(COIG) Program)
PUBLICLY-HELD PROPERTY.- Discussion or consideration of the
con&tion, acquisition, or use of real property for public purpose, or of
the &sposition of publicly -held property, or of plans for the future of an
institution which could affect the value ofproperty owned or desirable for
ownership by such institution pursuant to Secti(@n 2. 1-344(A)(3).
To- Wit: West Neck Creek Golf Course
LFGAL AfA 7TERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal mauers requesting the provisions of
legal advice by counsel pursuant to Section 2.1-344(A)(7).
To-Wit.- Barrett v. lienry
Dukes Lane
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Rawn, City Council voted to proceed into
EXECUTIVE SESSION,
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Robert W. Clyburn, Robert K-
Dean, Louis P, Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
James W. Brazier, Jr.
May 24, 1994
- 7 -
FORMAL SESION
FIRGINL4 BF,4CH CITY COUNCIL
May 24, 1994
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 24, 1994, at 6:00 PM.
Council Members Present:
JMn A. Rawn, Linwood 0. Branci; III, James W Brazier, Jr., Robert W
Clyburp; Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoyf Nancy K Parker and Trice Mayor
William D. Sessoms, Jr
Council Members Absent:
None
INVOCATION.- Reverend David D. Rieve
Avalon Hills Baptist Church
PLEDGE OF 41.1,FGL4NCF TO THE ELAG OF THE UNITED STATES OF "ERIC,4
May 24, 1994
8
CER77FIcATION OF
EXECUTivE SESSION
ITEM # 38oo5
UP- on by ce M. SO-, s c d Ld ke ty TI
S'- yor S- .d,
EXECUT,aE ESSIONTOBEINA@C'CORDbAYNCCOE"4"YTHYTPH-EIMIOCTiIONCo.TnOcilRECECRSSFIEDTHE
Only public business matters lawfully exempted from Open Meeting
requir--ts bY rlrginia law were discussed in Executive @5ession to
which this certzflcation resolution applies;
AArD,
OnlY such public business mauers as were identifled in the motion
convening the Executive Session were heard, discussed or considered by
1-irginia Beach City CounciL
Voting: 10-0
Council Members Voting Aye:
JOhn A. Ba-, LinwOOd 0. Brancl4 III, James W Brazier, Jr., Robert W.
Clyb-?4 Robert K Dea@ Louis P, Jones, John D Moss, Mayor Meyera
E. Oberndorf Nancy K Parker and Vice Mayor Willian D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Paul J. Lanteigne
May 24, 1994
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recordcd in ITEM # 38004, Page No. 6, and in accordance with
thc provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certiflcation by the
goveming body that such Executive Session was conducted in conforrnity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hcreby certifies that, to the bcst of each member's knowledge, (a) only public business matters
lawfully cxempted from Open Meeting Tequiremcnts by Virginia law werc discussed in Executive
Scssion to which this certification resolution applies; and, (b) only such public business matters
as wcre identified in the motion convening this Executive Session were heard, discussed or
considcred by Virginia Beach City Council.
guth Hodges @mith, CMC/AAE
City Clerk May 24, 1994
9
MINUTES ITEM # 38006
Upon motion by yce Mayor Sessona, seconded by Councibnan Clyburn, City Council APPROVED the
Minutes of the INFORM4L AND FORAL4L SESSIONS of May 5, 1994, and May 10, 1994.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dear4 Louis R. Jones, John D. Moss, May- Meye-
E. Obemdorf, Nancy K Parker and Vice Mayor William D. Sessol-, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
May 24, 1994
- 10 -
item III-G.I.
AL4YOR'S PRESENTATIONS ITEM # 38007
mayor oberndorf PROCLAIMED:
M A Y 24, 1 9 9 4
GREEN RUN
PRINCESS ANNE HIGH SCHOOLS'
NJROTC APRECIATION DAY
77tese Proclamations recognized Green Run and Princess Anne High Schools placing First and 77iird,
respectively, in the National Field Meeting at the Little Creek Naval Amphibious Base in Virginia Beach.
77te culmination of local and regional meets across the country involves 318 NJROTC units and 38,500
cadets, 350 of which were local residents.
Members of the Navy Junior Reserve Officer Training Corps, better known as the NJROTC, characterize
the fine qualities of character which give assurance of continued strength, efficiency and operational
readiness of our Navy in times of ivace and national emergenc,v.
May 24, 1994
1-
rii.clamat 41
tlltt
Members a f LIl e Nav@ Jilnior Peser))e Q)fficer Zrainino ClIrps, better
@nown as ttie NJRQ)EC , cliaracleriao I-,hp [in q liti s f chararter
which giue e ua e a
assiilance of clintiiiiiet) strength, efEiciencU, anO
OPerational reaoi
emergencu; !less O[ our Nav@ times Ll I PeaCe anO na t iiina I
We arp I)erB proilb L[ Litir upru Own rreell Rlln and Princ... Anne NJROZC
membcrs who have brought national recognitiall t L, our Cit@ having
PlaccO First anO @hiro, respectivelli, ill the Nati,nal Ficio Meet
recently helo, f,ir tlie r i r. s t' timl, t' the CitLle creek Naval
Amphibious Basp iT, I)irginia Beacti;
Chis 10th uea@ of competiliull, spollsoreo b@ LIle Nav@ feague Lif the
llniteO @tates, combincs academic, athletic anO 6rill formations anO is
the culminatiaii of local anO regional meet's across the cliuntry
involving 318 NJROCC linit's 3111) -9,500 -at@et-S, 350 01 which wpre Local
resioents.
ROM, ME, 1, Meyera E. Z)hernOOrf Magur i: I t'lle Citii Of I)irginia Beacii,
I)irginia, 00 herehA pRocf:Arm:
M A 2 4 1 4
A 2
C; R E 17 N R 11 N A N 1) P R I )i C E 2 .5 A N N J: I( x r, it S c I( 0 0 f s
N 3 R 0 t t A P P R E C I A C I 0 N D A g
in special recognitixyn of Green Run and Princess Anne l(igh $rhaols for Lheir-
oubstanbing performancj2S 311(@ iialicinal rankinq in -,,lie NJRO@C athletic par i .
the competition. t 0,1 of
IN IDIMU.% li@F, I llave liereunto SeL, m@ liano atil@ causeb thz official @ea, of
th2 Cit@ Of 1)irginia Beach, Uirginia, LO @le Ifl4xe@) Lllis @wentg-fourth dag of
Ma@, Nineteen ffunOreO anO Niriet,@-Tatir.
Oben@Lirf
Mayn,-
AL4 YOR'S PRESENTATIONS ITEM 38008
ADD-ON
Mayor Oberndorf advised receipt of an Apprec@n Award from SPECL4L OLYMPICS to the Virginia
Beach City Council in recognition of sponsoring a Specia Olympics on May 21, 1994.
Mayor Oberndorf quoted the oath of the Special Olympians:
"LET ME H7N, BUT IF I C4NNOT WIN, LET ME BE
BR,4 VE IN THE ATTEMPT.
May 24, 1994
- 12 -
Item 111-H.
CONSENT AGENDA ITEM # 38009
Upon motion by Vice Mayor Sessoms, seconded by CounciLman Bawn, City Council APPROYED in ONE
MOTION iteim 1, 2, and 3 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dear4 Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K- Parker and Vice Mayor
William D. .5essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
May 24, 1994
13 -
CONSEA'T AGENDA ITEM # 38010
UPOn -tzon by ;-Ice Mayor Sessoms, seconded by Councibnan Baum, City Cou,,cil ADOPTED.-
R-olution -questing the Virginia Department of Transportation (VD40T)
establish an urban system highway proiect re Independence Boulevard
IV-C (CIP 2-219) iinproveinents at intersection of Pembroke Boulevard
-d Haygood Road,, anc4 that the City pay its Yhare of the total cost,
Voting: 11-0
Council Members Voting Aye:
John A. BAUM, Linwood 0, BranCI4 III, James W. Brazier, Jr., Robert W
Clybur@ Robert K Dean, Louis p, Jones, Paul J. Lanteigne, John D,
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessom.1/2, Jr
Council Members Voting Nay:
None
Council Members Absent,-
Non e
May 24, 1994
1 PROJECT PROGRAMMING RESOLUTION FOR
2 INDEPENDENCE BOULEVARD - PHASE IV-C
3 CIP 2-219
4 WHEREAS, in accordance with Virginia Department of
5 Transportation construction allocation procedures, it is necessary
6 that a request by Council resolution be made in order th,t the
7 Department program an urban highway project in the City of Virginia
8 Beach.
9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11 That City council hereby requests the Virginia Department
12 of Transportation to establish an urban system highway project for
13 the improvement of Independence Boulevard from its intersection
14 with Pembroke Boulevard to its intersection with Haygood Road, a
15 distance of approximately one (1) mile.
16 BE IT FURTHER RESOLVED:
17 That City council hereby agrees to pay its share of the
18 total cost for preliminary engineering, right-of-way, and
19 construction of this project in accordance with Section 33.1-44 of
20 the Code of Virginia and that, if the City of Virginia Beach
21 subsequently elects to cancel this project, the City hereby agrees
22 to reimburse the Virginia Department of Transportation for the
23 total amount of the costs expended by the Department through the
24 date the Department is notified of such cancellation.
25 Adopted by the Council of the City of Virginia Beach,
26 Virginia, on the -24th day of May 1994.
27 ATTEST
28 By
29 Clerk Mayor/ anager
CD AS
30 CA-5580
31 ORDIN\NONCODE\PROGRAM.RES
32 R-1
3 3 PREPARED: 05/16/94
APPROVED AS I-C) 1. F(' AL
c
r
I i i ,
I- -
I
EPENDENCE BLVD,=
11 [:1 /Y
HASE IV
t,,
/@ /11 \\ -
Colope NO. 2-@-
= 160C
14 -
CONSENT AGENDA ITEM # 38oii
UPO" -tion bY Vice Mayor Sessona, seconded by Co,,ncilman Baum, City Council ADOPTED:
Ordi-nc,, to APPROPRL4TE $4,825 @ additional reen.,?s fi,,,m the
State Two-for-Life Fund to the FY 1993-1994 operating Budget of the
DePar4w-t of Emergency Medical Serpices re Purchase of additional
-unicationN equipment and increase revenues accordingly.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, ianes W Brazier, Jr., Robert W.
ClYb-14 Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, May- Mey- E Ob-dorf, Nancy K I'arker and I',ce Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
May 24, 1994
1 AN ORDINANCE TO APPROPRIATE $4,825 IN
2 ADDITIONAL REVENUES FROM THE STATE TWO-FOR-
3 LIFE FUND TO THE FY 1993-94 OPERATING BUDGET
4 OF THE DEPARTMENT OF EMERGENCY MEDICAL
5 SERVICES TO PURCHASE ADDITIONAL COMMUNICATIONS
6 EQUIPMENT
7 WHEREAS, the State Two-For-Life Program has provided the
8 Department of Emergency Medical Services an additional $4,825 in
9 funds which must be used for supplies and equipment;
10 WHEREAS, the Department has identified a need for
11 additional communications equipment to support advanced life
12 support response vehicles; and
13 WHEREAS, there is no required City match for these funds.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 That funds in the amount of $4,825 from the State Two-
17 For-Life Program be appropriated to the FY 1993-94 Operating Budget
is of the Department of Emergency Medical Services to purchase
19 additional communications equipment to support advanced life
20 support response vehicles.
21 BE IT FURTHER RESOLVED:
22 That estimated revenues from the Commonwealth be
23 increased by $4,825.
24 Adopted by the Council of the City of Virginia Beach,
25 Virginia, on the 24th day of May 1994.
26 CA-5584 AM- OYET) AS TO COMNT
27 ORDIN\NONCODE\EMS.ORD
28 R-1
29 PREPARED: 05/16/94
Km-. Jr.
Ptik'40A"
LE@L
L
COMMON'@@7EA,L@'ll of
POE3ERT B STROLIBE M.D, M P H, il of
Sl@IE EIITH CO..ISSIO@ER R ,g
oii IL@,,9,SOF
SL)SAN D M@HE@IRY
0 @ECTO. E.5
F-- h V E
Febr@iary 22, I'@)4 FFB 23 1994
D= Ci"y PIanager: @Ly of Virgi,-iia @ach, VA
Enclosed is the FY93 (July 1, 1992 tlirou@h JuTie 30, 1993) I'@vo-For-Life payment for
Einer.-ency Medical Ser-vices (ENIS). This is tfic tliird pa@,inerit under the T@vo-For-l,if@e
pro@ram, amended in 1990, pro@idiii@ thzit two additioiial dol@irs be cliar@cd aild collected at the
ti.e of re@istration of each passeri,@er veliicle, pic@up and p@ifiel t@uck. Iiie funds collected,
pursuant to Section 46.2-694, Co(le of Virginia, shall be useci o@ily for cilie,.ency inedical
ser-vices. The law further states that the Departnieiit of Fleiltli sliLli retlirfi t@k@eiity-five percefit
(25%) of the registration fees coilected to the locality wl,@cr, @ii sti(--Ii @eiiiclc is re.@istere(l.
Guidelines for use of tliis local sliare are included. A @l %@o For i@f e ort ForiTi is also
enclosed. This form must be rci@iriied within tiiirty dllys of icceipt- l@lie report should reflect
expenditures of Two-For-Life ENIS Funds received by yourjtirisdiction iii I-ebruary/Ma-rch 1993
for funds collected from July 1, 1991 tilrou@h June 30, 199@- (-,Lir locali 1,; will not r@ceive its
1995 payiileiit until tliis forin is coi,.il)lctc(l afid rettiriie(l.
In 1990, The Vir.@inia Gericr@il AsseTnbly p,,isse(I i bill (,Seriatt@ ]3ill 454) tliit amended the
Lise and reportin@ reqliiremcrits of- ti)e ENIS furids t@i@it -,ire ret@itile(i to localities. it is iiiiport:int
to reco@.iiize two new lan.@ua.@e cliLn,,cs: (1) "iionsupl,lajitiii@l" fL]Illl'@ iii,] (2) failure to report t[le
I I
use of funds by any local goveriiiiil, I)ody %kill FCSLilt itl tLI11(l, [)('ific"
Senate Bill 454 furtlier states t@iit tile pcrcent of ENIS t-tijicis ieLLiriicd to tlie locality "sli@LIJ
be retumed to the locality WfICreiTI SLI 11 Veiiiclc is re,ist red, t@) )rovi(ic ftiiidin, for trainiri@ of
volunteer or salaried ertier,@ency iiic(lic@il servi*cc [)elsc)lll)el t,t l@ccriscci, lioliprorit eilier@cn(@y
medical sei-vice a@encies and fc)@ ttic I)urcliise of neccs-@r@ c l@iii)fl]C@it @ifid supplies for tise iii
such locality for licensed, noiiprolit eiiicr-cricy me(ii( @ii iii(! i -!.Sc[,L! s,,l @ i(:c@"
Carol Nance, Assistant Attoriicv Gerier,-] lias, at OLII Teq@ICSt, OftCFCd the fOlloWifil'
interpretation for use of the furid@: "Atiy fu@ids recei@cd frc)iii Sc(-tiori @16.2 694 by a iiori-state
a.-ency cannot be Lised to niatcli @iiiy (,tlicr flinds deiived froiii 46.,- -694 by tilat sairic
tioii-state a@ency". Sifnply put, rettiifie(i to fol.ilitics (,!:in,,[ b,- to be uscd is tlie
matcflifi,@ sliare of any graiits offcll (i lisiri,,, ftil 1,@
[)EPA
F/DH,)FIIE'iT'l
Tlie law also stat,, tliat t'le "COT] troll r sli;
--"s of transmitting these funds tilate cletil'y desig[latc of' tile warraiit, cl,eck or otile,
thi.s subdivision. Such funds shall be in Sucil niollies a, u
addition to aile or'ly to be sed for PurPoses set f,,til -
bodies shall nOt ,e tli ese fulljs to ui)[) y loc In
al aPPropriations a,id 10cal goverriing
1-t local funj3. Eaci) local goverii*
annually to the 13oad of fleilth on t' ' ing body sliall report
y Ilie use of tile twc,,ty-flve peicerit of ttie fu ds wilicll w
returned to it- 11 an ca-Se ill Whic i th n
,nedical and rescue se uvices council t, be dist ributedng body 9Fmts the funds to a regior)al
emergency medical se e local govel,li C.Fe
-,'ces, thc local goveriiiig body si tO the licensed, ,nproflt eiiiergency
use of the funds. If, at tlie end of any iall reinaill responsible for ti,, [)roper
fl,lcal Ye-, a report on tlie use of 11, w y
of the funds for that year lias not beef] eceived frotil ,, local t _ ve perceil t
that I r Cflt fl
Ocal goveming body for tlle next fiscal goverilirig bo(jyl irly flnds DLIC to
has been subnlitted to the 130,,trd,,. yea' sllill I)c retairi,,j LI[Itil SUCII til]]C as tt]C ,PClt
If You liave any questiolis or rie(,d a(Jditiori@ii jrlf-@)FITiati(,n, I)Ie@e do lot Ilesitate to czlll iiie.
Sificerely,
G,,,y Bc)wn, Assistirit 1)ir(,ctor
enc. Orfice c)f Eiiiergency
DEPARTMENT OF HEALTH'
2/16/94 23278600
P.y I,, It,,, O,,f,., ot
CITY OF VA f3EACH
% 1538 E PARHAM RD EMS $****141737.5o
- - - - RICH@IOND VA 2 3 2 2 8
6 8 - 6 4 5 1 4 NATIONSBANK
2 3 2 7 8 P. 0 0 i@.,C) s I 1, C) 0 q
CHECK 23278600 COMMONWEALTII OF VLRGINIA DATE 2/16/94
DEPARTMENT OF HEALTH
CITY OF VA BEACH PHONE 804-786-1472
E540722061-00
INVOICE NO INV DATE INVOICE DESC CUST ACCOUNT
REGISTRATION STATE VEHICLE INV AMOUNT
REFERENCE NO A60194U2023545 -51705839 $141737.5U
COMPTWLa'S OFRCE
RECEIVED
FEB 23 1994
CitY Of Virgirlia @ch, VA 7 'E
TOTAL PAYMENT $141737.5U
L
15 -
CONSENT AGENDA ITEM # 38012
UP- -tion by rice Mayor @';essonu, seconded by Cou,,cil-an Ba-n, City Council ADOPTED:
Ordinance appr-ing a c-perative agreement between the City Council
and the School Board re kgal srics provided the School Board by the
Office of the City Atto-ey; ani4 authorling the 4PPROPRL4TION of
$53,806 to the City Attorney's Fy 1994-1995 Operating Budget.
Vofing: 11-0
Council Members Voting Aye:
John A. Baum, LinwOOd 0. Branck Iii, james W Braier, jr., Robert W.
Clybur?4 Robert K Dean, LOuis R - Jones, Paul J. Lanteigne, John D.
Moss, Mayor Mey- E- Ob-dorf, Nancy K Parker and Vce Mayor
William D. Sessoms, jr,
Council Members Votzng Nay:
None
Council Members Absent.-
None
May 24, 1994
1 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT
2 BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD
3 PERTAINING TO LEGAL SERVICES PROVIDED TO THE
4 SCHOOL BOARD BY THE OFFICE OF THE CITY
5 ATTORNEY AND AUTHORIZING THE APPROPRIATION OF
6 FLTNDS IN THE AMOUNT OF $53,806 TO THE FY 1994-
7 95 OPERATING BUDGET OF THE OFFICE OF THE CITY
8 ATTORNEY
9 WHEREAS, the City Attorney, in coordination with th,
10 School Board, has prepared a "Cooperative Agreement BetWeen the
11 city council and School Board of the CitY of Virginia Beach
12 Pertaining to Legal Services Provided to the School Board by the
13 Off ice of the City Attorney" (hereinafter "Cooperative Agreement");
14 WHEREAS, the Cooperative Agreement was approved by the
15 School Board at its regularly-scheduled meting on May 17, 1994;
16 WHEREAS, funding of the necessary legal services
17 contemplated by the Cooperative Agreement, currently estimated to
18 cost $53,806 in FY 1994-95, has been previously approved by the
19 Council by its adoption of the School Board's FY 1994-95 operating
20 budget; and
21 WHEREAS, certain amendments to the City Attorney's budget
22 via transfer from the School Board's budget will be necessary upon
23 adoption of the Cooperative Agreement by City Council;
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26 That City Council hereby approves the "Cooperative
27 Agreement Between the City Council and School Board of the City of
28 Virginia Beach Pertaining to Legal Services Provided to the School
29 Board by the office of the City Attorney," a copy of which is
30 attached hereto as Exhibit "All and is hereby incorporated by
31 reference, and authorizes the Mayor to execute the Cooperative
32 Agreement on behalf of the City Council.
33 BE IT FURTHER ORDAINED:
4 That City Council hereby authorizes the appropriation of
5funds in the amount of $53,806 to the FY 1994-95 operating budget
36 of the City Attorney,s office to fu,d one (1) additional Attorney
37 I position, to provide contract,al secretarial assistance and
office furniture, and to Provide training and travel
38 necessary
39 funds.
40 BE IT FURTHER ORDAINED:
reased by $53,806 to
41 That estimated revenues be inc ount from the School
42 reflect the transfer of funds in that am
43 Board's FY 1994-95 operating budget.
44 Adopted by the Council of the CitY of Virginia Beach,
45 Virginia, on the 24th day of - May -1 1994.
46 CA-5593 APPROVED AS To CONTENTS
47 oRDIN\NONCODE\LEGALSER.ORD
48 R-2
49 PREPARED: 05/19/94
S TO LEGAL
ANDFOPM
EXHIBIT "A"
COOPERA'I'IVEAGREEMEN'I'BE,rWEENTtiECFff COUNC[L
AND SCHOOL BOARD OF ]'FIE CII'Y OF VFRGINIA BEACH
PERTAINING ]'O LEGAL SERVICFS PROVIDED TO THE
SCHOOL BOARI-) BY T14E OFFICE OF'riiE CITY ATTORNEY
Factua Back ound-
1. Cliapter 9 of tfie Charter of the C'ity of Vitginia Beach provides that the City
Attorney shall be the ciiiet leg@ll @icivisor of the City C()Lincil, the City Manager, and of all
departiiients, boards, colillills.,,,iolis tnd @igencit,s of tlie C'itv in @ill iiiatters affecting the
interests of the City, and tli@it tic shall hive SLIC11 I)OWel,@ ',Ili(i dtities ;is inav be assigned by
the Council.
2. The City Chaiter @ilso provides th@it ttic (-itN, Attorney is @ippointed by the City
Coujicil and serves at its I)lc;]SLjle..
3. The School Bo@ii (i is est@iblished by ttie Virgil)iii COI]StilLition, the City Charter,
and provisions of geiieral @ifid is a h()dy coi-poi@tte vested with iill of the powers and
duties of school boards cont@ei r(@(i by l@iw, including the i i,,ht to coiitr@ict @ind be contracted
with, to sue and be stied, and i@) 1)Ljrch,,ise, take, li,)Id, le@ine, @@fid convey school property both
real and personal.
4. The Scliool Bo@ird is @,IL)tllorized I)y Sectioii 22.1-82 of the State Code to
eMplOy COLinsel to advise it, ;ifi(i io pay for sticti idvi(,(, OL)t of ftjiids appropriated to the
School Board.
Since the iiicel)tioll of tlie City aild its scilool Boird, tlie Office of the City
5.
('('rt@iin m,,itters with the consent
Attorney has provided legll s(,,,N ices to the Scho(ii Bo@ird i
c)f both bodies.
6. Both the City (-',otincil @ind the Scllool Bo@irc, have long recc)gnized the cost
t,ixp@ivers as the priiiie rellsol) for si)@iriiig services of the City
advantage and savings tc)
Attorney's office. tllc olfice of th,- City Attoillev llls provided day-to-day legal
7. Generally,
@ir(,i witli respect to re,,il estate iiiatters, representation of the Bc)ard
services to the School Bo
e t, @liiiiiiiistr@itive @ind I)roce(itir@il issties, @iiid niinor litigation, and
on personnel matt rs, el . ill m@itters involving special
the School Board las elll@lo@ed ijidependeiit leg@,il COLillSel
LICS. @II)CI IlloSt litig@itioll, esl),f(-,@illy wtiere iiilleninified by inskir@ince.
educ,ition, per, onnel iss
ive, ilie Offi(.(, otIthe (@itv Attorney has historically
S. Frorn PersPect I
@illocated one-tliird Of @ll) @ittOrIlcy's titile tc) scliot)] iiiilters: tlo\vever, this allocatic)n, funded
100% by the City, is Folltilielv exc ded.
9. It is reCC)glli/e(i tilit @lt le@Ist ttie qiiiv@licill )f one full-time attorney position
Ilk)uls with staff supl)Oft is ilecessary to @ideqiiately perforin the
of approximately 1650
present level of service lic)w @)rovided to the Bo@ird, @tiid tii@it fiew iSSL]eS will evolve Nvith the
iidvent of aii elected S@1),)@)i 130@ti-d whicil lll,,N @ilter oi elli@irge the iinount of work ciii-rently
perfo,med for the S ho,)l Bo@ird t)y the Offi,@e of thc Citv Attorriey@
I
10. In Fiscill @'e;ii 1903-94, ti)c Scht)oi Bt)@ird li,,id @in operating budget of
,Ipproxii-nately $323 iiiilii()n @iiid @ipl)roxiiii@itely 8,000 einployees @is coinpared to tlie City's
oper,,iting blidget of ipi)roxiii)@ttely $391 niiilion @iii(i 5,000 cliployees. Therefore, it is also
2
recognized tliat providing tlie eqliivaleiit of ofie fl)ll-tifile @ittorney position in the City
Attorney's Office will not cover ,Ill of the leg@il iieecis of the Scho,)] Board.
I 1. The Virgirii@i Cc)de of Professioii@il Resl)ofisibility for the Legal Profession
requiresthe iiidepeiident I)i@)f(f,@.@jollaljL]dginer)t of the oft'ice oftheCityAttorneyon behalf
of its clients.
12. It is recognized iti@it the potential for cc)iiiii,tilig interests between the Council
and the Board may arise, @trid ill SL]ch cases, the (@ity Attorney illust refrain from
representation of inteiests whi(,Ii itily conflict.
13. The City C()LIIICII @itid the School Board ;ilso jecogliize that they MuSt work
together and with the City ,\ttorney to identify afiy re@il oi perceived potential for conflict
at the earliest possible time, @i(lvise e@ich other @tiid the ( @ity Attorney of any stich conflict as
soon as it arises so as not to (()iiipi-oniise the iiiieresi@ k)f the City Council or the School
Bo,ird, aiid assist the City Attoriiey in avoiding @iiiy viol@iti()jl or ippearaiice of violatioii of
the Code of Prc)fessional R(,@1),)ilsil)ility,
14. The City Cotjii(@il @iiid tlle School Bo@tr(i fliftiler recognize th@it it remains ill the
best iiiterest of the taxpayer,@ ot' tfie City for the School 13oard to continue to use the ],g,]
services of the Office of ilie Citv Attorney to the extef)t that no real or perceived conflict
is present and to the exteiii the City Attorney is budgeted ;ind staffed to handle assigned
legal btisiness of the School Bo@ircl, r@illier than dc-velop @iti in-liouse leg@il statffor the Scilool
Board or assign itil school is.@tics to otitsicle collitsel.
3
Objective-
The objective of this C()oper@itive Agreeiiient is to defifle the scope and nature of the
relationship between the ('ity Attorney's Office @tild tlie School Board, to provide for the
delivery of designated leg@ll services to the School Boai (1, iiid to avoid any reat or perceived
contlict in the deliverv of tiose services.
-ent.
NOW, TIIERFI,()IZF, the City Council @irld itie Sclic)ol Bozird ,igree @is follows:
1. Ttie Officc )f ttie City Attoriiev %vill I)Iovide dav-tc)-ti@ty legal services to the
School Board with respect to le@ll estite matters, repies(!iitation of the B()ard in personnel
matters, general admiiiisti@itive @ind procedl)l@ll isslie,,, Iild iiiinor litig@ition.
2. The City (@otiiicil @iiid the School Bo,,ird reco@,nize @ind Linderstand that the City
Attorney manages all leg@il iii@itters c)f the (@ity, blit the School Board retains the
inaDagement of its legil ervices, incltiding the eiiiployiiient, as iiecessary, of indel)endent
counsel for legal sei-vic(> wliich extend beyotid the s(,(ipe @)f tliis @igreement, particul@irly, but
iiot limited to, legal seivices t@of special edii(@,,itioii isstit-s, persontiel iii@itters, and litig@ition
iSSLies not otherwise issiii)eci to @ind iccepted bv 11)(@ (@itv Attorney.
3. The School Bo@ird agrees to blidget, @iii(i trinsfer to tlie City Attorney's budget,
funds for the employiii,-nt of one full-tinie attori)ey liosition @ind necessary secretarial
support.
4. B,,ised til)oii this tfinsfer, the City C()Lincil @igrees to Ippropriate additional
funds and incre,,ise pc)sitioti 811L)Cations for one flill-tiiiie ,ittornev @ind necessary s(!cretarial
support for the services @)Litlined liefein.
4
5. The City (ouji(,il ajid ttie Scliool Bo@ii(i iccognize the potential for rezil or
perceived conflicts iii tlie I)rovisioti of legal sci-viccs [-)y itic, City Attorney, agree to be vigilant
in advising the City Attoi iiey of stich iSSLies iticy @ii ise, iind ti[IL]ei-stand th@it in sti(-h c@ises
the City Attorney will rciiiiiii floill J)articil),ttit)n oil of tlie Scliool Board in such cases,
but to the extent ethic(illy P(@riiiissible Will COntil]LIC iel)reseiititioii of the City Council.
6. The City (@OLIfICil @ind tlie Schoc)] B()iii,i ftiither @icknowledge that the ability
of the City Attorney's ()ttice to provide legal services to tlie Scliool Board is limiteci by the
current budgeting iiid st@itfiiig of the City Attoi Ot'fice, the provisions of this
Agreeiiient, and ethical 'olisti@iiiii.@ @is ttley fil,'IV @t]iS(-
7. The pai-ties iti@At tliis Co,)I)ei@iti\e ?Xgrecinelit is not a contract to be
enforced by eittier p@irt@ I)kit is i@itlier @in iigieciiient to I)i-ovide legal services which both
parties deein to be in theii hest ititerest @iiid tf)@it of itle t@ixpayers ()f the City.
8. It is conteiiij)@ited tli@it the Cit@ Attoiji,,v's Oft'ice %vi]] not furiiish niore than
1650 hours of service tin(l('r tliis Agreciiielit.
9. This Cool)t@r@itivL! AgFeeineiit sli@ill c()iiiiiieiice with the fiscal year c)f the parties
which commences July 1, 191)4 @ind expires Jtjjie 30, 1995. It [ilay t)e reilewed thereafter.
Each party shall give the olhei notice of iiitejition n(,t to renew 90 clays prior to expiration
in order that the other ciii iiiiike iiii @ippropri@ite bti(ILet @itici stiffitig ,idjustinent.
10. This Agre(@iiierit sli@ill be SLibiTiiited to @iiid ,il)proved by the City Council and
the Schoc)l Board, and sti@t]) bc,(oiiie ctl'ective Itjly 1, ll,)I)4, oi @is sooi) thereafter asapl)roved
by such bodies aiid execL)t(@d I)y tticir @ilithorize(i rel)icseiit@itives.
5
('I'f'Y COI @NCII,, ('11 Y OF@'VIRGINIA BEACH
By__
Meverd f@ Oherildorf, Mayor
I
SCIIOOL ROARD Of,('ITY OF VIRGINIA BEACH
Bv
SLIInLiel Meckins, Cli,,iiriiian
School Board of the City ot Viiginia Beach:
This Cooperative Agi eciiieiit was appfoved t)y I li@liority vote of tlie School BOIrd of
the City of Virginia Be@ich Vir,-,iflil on
By_-
Se,,i-et@ir-v io ihe Scliool Board
City Cotincil of the City ot Vir,,ifli,'l B@ich:
I
This Cooperative Agreeiiietit wis approved by iii@ijojity vote of the City Council of
the City of Virginia Beich. Virgifii,,i on
By__
Cit-v Clerk
SERVICE LEVEL 3 (ABOVE CUIZRENT) FUNDING
OPERATING BUDGE'F
FY 95
ACC'T CCOLWF NAME luitpose FIJM)ING
01130 Professional Salaries Attoriiey 1 $ 28,311.60
01910 Contracted Manpower Secr@ry $ 12,440.00
02101 FICA Attoriiey 1 $ 1,755.32
02104 Medicare ikttorney 1 $ 410.52
02201 Retiremeiit Attorney 1 $ 2,579.19
02301 Healtli and Dental Attoriiey 1 $ 2,040.00
02302 Life IIISLiraiice Attoi-t)ey 1 $ 186.86
04102 Microcoinputer Services Attorney 1 $ 1,250.00
($625/coinputer) Secretary
04103 Telec o iii iii u n ica tion s- Attoi-ney 1 $ 750.00
Iiiternal SecreLiry
($375/eiiiployee)
05401 Office Sul)plies Attorney 1 $ 237.00
05501 Conferences Attortiey 1 $ 350.00
05502 Routine I ravel Attoriiey 1 $ 250.00
05507 Mandated Training Attoriiey 1 $ 350.00
05801 Dues & Meinbersliip Attoriiey 1 $ 295.00
(Virginia Stite Bar)
(Va. Beacli Bar Asso.)
07307 Date Processing Equip- Attoriiey I 00-00
New Secretary
($1,300/coiiiputer)
TO@A - SERVICE LEVEL 3 AB 0-5.49
16 -
RESOLUTIO,Vslo@,
,v
@CE
The ITEAF 380,,3
o"O'v"'g SUPPORT -f
f
B,,e,ly A WoodhOl-1, 420
Council Cronln Road n 6860
, P 0 e: 533- represented the Sea ck Co
Su@s,ie D. mmunliy Center
Ik
_.'u.dZi't'. @il:5 Nolfo 4,enue, Phone: 425-1
rd L
- Pei'io
eague -PPort Of the ted
692' "Prese the Se tackAtian,,,
are herby de pa
.a a Part Of the
UPOn no,,on by cou.C'In_ 'V-1s, eco,,ded by C-.ncl Ldy Parker CII CIncl
ResOlutwn @PTED.
'nclude a s"PPortlng the expansion 11
Pool acil
of Seat COMM niy
CO@ni'Y; di,, the long-ran, Center t,
e benefit Of the
AuthO@fion 0
Budget; and di,
June 14, 1994. (@
Atembers John D.
Voling.- 10-1
C,,Ill,ljfeRkoff vot@f @ye.,
Joh" A. Ba-, Lin--d 0 Bac/4 III, J-- W. Br,.ier, J,., Robert W.
Cly@lctsr@ Louis A JOnes, PaUl J Lt7nteigne, John D Moss, Mayor
M"Yera E. Ob-dof Vny K P-,ker d P-,c@ Mayor wiliam D.
Sessona, Jr.
Council Members Voting Nay:
Robert K Dean
Council Members Absent.-
None
Requested by Mayor Meyera E. Oberndorf and Councilinembers John D.
Moss and Nancy K. Parker
1 A RESOLUTION SUPPORTING THE EXPANSION OF THE
2 COMMUNITY CENTER AT SEATACK TO INCLUDE A POOL
3 AND GYMNASIUM FOR THE LONG-RANGE BENEFIT OF
4 THE COMMUNITY AND DIRECTING THE PREPARATION
5 AND SCHEDULING FOR ADOPTION OF A BOND
6 AUTHORIZATION ORI)INANCE AND AN AMENDMENT TO
7 THE FY 1994-1995 CAPITAL BUDGET
8 WHEREAS, the Seatack conmunity has requested the
9 expansion and enhancement of the facilities at the Seatack
10 Community Center to include a pool and gymnasium, with appropriate
11 shower and changinq areas;
12 WHEREAS, the City Council supports the proposed expansion
13 of the Community Center at Seatack tc include a pool, gymnasium,
14 and appropriate @hower aiid chanqing areas for the long-range
15 benefit of the community; iand
16 WHEREAS, Council further supports the authorization and
17 issuance of charter bonds 'Ln an amount not to exceed $1,982,000 as
18 a funding source for this expansion;
19 NOW, THEREFORE, 13E IT PESOLVFD BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21 1. That City C(Duncil hereby directs the City Manager to
22 prepare an amendment to the FY 1994-1995 Capital Budget
23 appropriating an additional $1,982,000 to fund the expansion of the
24 Seatack Community Center;
25 2. That City Council hereby directs the City Attorney,
26 in coordination with bond counsel, to prepare a charter bond
27 authorization ordinance ii-i an amount not to exceed $1,982,000 as
28 the funding source for thE? expansion;
29 3. That (ity (ounci, hereby directs the City Clerk to
30 duly advertise a I)ublic hearinci to I)e held on June 14, 1994, at
31 2:00 p.m for consideratioii of the above-described ordinances; and
32 4. That C@ity Council here@@y Jirects the City Manager to
33 place these ordinances on the June al, 1994, City Council agenda
34 for formal consideration after the aforementioned public hearing
35 has been conductel.
3 6 Adopted by the Council of the City of Virginia Beach,
37 Virginia, on the -24th day of M.3;--- , 1994.
38 CA-5586
39 ORDIN\NONCODE\SEATACK.RES
40 R-3
41 PREPARED: 05/19/94
2
- 17 -
Item III-L2-
RESOLUTIONSIORDINANCE ITEM # 38014
ihe following spoke in SUPPORT of the Resolution:
J. Granville urilliaim, Jr., 545 South Atlantic Avenue, Phone: 425-0063
Deborah Graham, 505 South Atlantic Avenue, Phone: 491-9303
Tami Failla, 522 Virginia Dare Drive, Phone: 491-3001
John Franklip; 413 Vanderbilt Avenue, Phone: 422-8282, represented the Croatan Civic League
Allen Pyle, 740 Virginia Dare Drive, Phone: 491-1600, President Croatan Civic League
Martin Salasky, 505 Croatan Road, Phone: 499-1559, Board Member Croatan Civic League
Ihe following spoke in OPPOSITION to the Resolution:
Dr Dan Sykes, 1840 Calash Way, Phone: 496-8188
@mas E. Coghill, Sr., 804 South Surfside Avenue, Phone: 422-3425
J. Mark Hamilton, 544 Vanderbilt Avenue
Breu Futrell, 521 Longleaf Road, Phone: 498-4246
Victor Perrou4 416 Beverly Place, Phone: 486-2321, represented the Surfrider Foundation
Mike ONeill, 4137 Front Royal Road, Phone: 471-7869
Wes Laine, 526 Virginia Dare Drive, Phone: 428-2620
Jim Martineue, 2824 Bluebill Drive, Phone: 721-3148, represented the Sandbridge Surf Club
C M. Parker, Jr., 1364 Crane Crescent, Phone: 425-7749
Howard J. Marx 779 Sheraton Drive, Phone: 340-6533
Sam Jackson, 1533 Seafarer lane, Phone: 481-5804 (M, 481-2293 (II)
Harry J. Luman, 5629 Albright Drive, Phone: 479-4959, spoke in support of the need for a City Carage
to help alleviate these problems. Said statement is hereby made a part of the record.
BY CONSENSUS, City Council ALLOWED WITHDRAWAL
Resolution directing Lhe City Manager prohibit on-street parking in the
Croatan section of the City from 10:00 AM to 6:00 PM, from the Friday
preceding Memorial Day and ending on l@r Day.
(Sponsored by Councilman James W Brazier, Jr.)
City Council directed the City Manager:
1. Provide free parking at the existing fenced parking area at
Camp Pendleton, which shall be open fiom sunrise to sunset.
2. Provide an additional lifeguard
3. Implement proper signage direction to the parking lot.
4. Schedule for presentation to City Council on June 7, 1994, a
report relative additional Police enforcement at Croatan.
5. Provide a status report to City (,-ouncil after completion of the
Summer Seayon.
May 24, 1994
18 -
RESOLUTIONSIORDINANCE ITEM # 38015
Upon motion by Counci@n Baum, seconded by Councibnan Brazier, City Council ADOPTED:
Ordinance declaring EXCESS property interests in the City's Riparian
Water Rights at the end of Wwwood Drive fi-onting on a cove off
Linkhorn Bay; ani4 authorizing City Manager to dispose of same by
Quitc@ deed re facilitating resolution of a dispute among waterfront
@owners.
(Property of John Crockeu Henry, Jr. et ux and Raymond M.
Barrett et ux)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 Ill James W Brazier, Jr., Robert W
Clybury; Robert K Dean, Louis P, Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Alancy K Parker and Ilice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
John D. Moss
May 24, 1994
I AN ORD i t4AtICL' BECLAI@ING ( I:i@'I'Altl l@l@OIIEP'I"Z
2 INTERES'l'S L@XCESS AND AU'pli(@PIZING TifE CITY
3 MANAGER 'I'o I)ISIlOS17 OF @@A@ll-
4 WHEREAS, til(! Cit Ot 1, iz:,;ii i lieicli tiolds Iii easement
5 interest for riglit @)l w,ay purID(,se@; @@ii)%qooi Drive, witli the
6 underlying fee beii@,l icscrved by tlie of t@le subdivision
7 known as Linlier;
8 W@IEI@EA@;, City C'c)@iii@il ,f t-lip opiiiion thdt ar)y
9 riparian right!; ii)ter(-)@ts ti(@ C'i'), iiii(jiit lii,,,c, i(ij icelit to
LO Winwood Drive, @ii(i (,xccll)t I (@l i i(Itit -c) @cci-etiori,s and
11 alluvium, are iii tc) tl)C' c i I,,, (@ i ty (,! V Lrgi nii ie@ich;
12 and
13 WHEREAS, t@),@ v;ic@itic)n L)y t@i,- ('ity of- Vii-giiiia 13ezlch of
14 any such ripari@ir@ t iglits; or iliter@ @;t@; woli l(i f@icilitat(, tlie
15 allocation and setrli,:iient @)f i-ii) ii i@iii I)etween and iinolicj
16 the properties a(] ).icc@lit to l@ill@.JC)O(i [)i %,iliicii been alid are
17 the subject of lit ig,itiot) ])C-)%,,' ttic@ Circ(iit Co(irt of
18 the City of Virgit)ia 13eict).
19 NOW, TIILIII'El@-()f"E, 1.@l' 1'1' I 'I'IIE ('OU@4(@IL OF TliE CIT@
20 OF VIRGINIA BEAC@L Vli@(-,INI.@:
21 1. ;t,!; 1)@?loti(lin(j to the C@ty of
22 Virginia Beacii, jir)(I x, @, 1) I I i cj I I t tu iccretions or
2 3 a 1 1 u v i u m, i ii a;i d @ i 1) 1) L i i t e i i,-i ii t t (, -, @ i),, @,) i !)i-ive iii tiie proxinilty of
24 and adjacent to tti(, 1)roperty c)i Jc)lii lieiicy, Jr. aiid Martha C.
25 Henry and the pr,-)I)eity o] Riyii@ori(i ti, t@@ii-i-ett @-Arid Elizibetti M.
26 Barrett, are herel)y ieclirecl to Le iii 2@@,2css tc) til.,- needs @)f thE,
27 City of Virginia BLa--)i aiid tli@it ilie (@i, T,Iiri@iget- iE; auttiorized and
28 directed to cotive,@ by tti,, I' 1)('E'Ci irtciche(i here@o atici
29 incorporated by
30 2. 'riii@ oi-,Iiii,,itice i)( (2!tec:tive from the d,ite of
31 its adoption.
3 2 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the 2'4 day of 1994.
34 CA-5590
35 ORDIN\NONCODE\BARRETT.ORD
36 R-1
37 PREPARED: 05/17/94
AL
Ai F'@-RM
2
0.69 AC. A
AC,
7
0.,39 AC.
ZO-A
@.06
EXEMPTED FROM GRANTOR'S TAX
UNDER SECTION 58.1-811.(C)(3)
THIS DEED OF QUITCLAIM is made this day of
11)94, by and betweeii the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commoiiw(,alth of Virginia, "Grantor,"
and JOHN CROCI<ET'F HENRY, JR. and MARTHA C. HENRY, his wife, and
RAYMOND M. BARRETT and ELIZAII.EI'H M. BARRETT, his wife,
"Grantees."
W I T N E S S E T H:
That for and in coiisidei,ition of the sum of TEN DOLLARS
($10.00) ca,@h i.n hand paid by Graiit.E@es to Grant.or, and other good
and valuable consideration, the t@eceipt of which is hereby
acknowledged, the Grantor does I)ereby grant, quitclaim and
release unto Grantees, who are fe,@ !Simple owners of Lots 4 and 5,
respectively, Ptit of Linlipr, wlii,-h is re(-orded in Map Book 24
at page 42, in the Clerk's Offi,,@ of the Circuit Court of the
City of Virgiiiiii BeActi, aiid also [,eirig the property conveyed to
John Crockett H(@nry, Jr. an(i Martha C. fienry, husband and wife,
by deed dated February 9, 19rD6, r(,(@orded in Deed Book 950 at page
31 among sai(i land records and prcjf)erty cc)nveyed to Raymond M.
Barrett, by deed dated February @',, 19'76, recorded in Deed Book
1547 at page 61)7 among said 1,7ind t,,cords, all arian interests
of Grantor sAve iit)d except iiiy rilht to ac(-,retions or alluvium,
no more nor Ic,ss, without reservatic)ns, to i-un with said land of
Grantees, in and appurtenant to th@ following described property:
All that portion of th,it @innamed 301 right
of way, now known as Witiwood Drive, as shown
on a certiain plat eiititled "Linlier,
Princess Anne Co. , Va. , Property of Edgar
Winn" dated Septemi@er 1949, and i-evised
April 22, 1950 which said plat is duly
recorded iii the Clerk's Office of the
Circuit Court of the City of Virginia Beach
in Map Book. 26 at pa(ge 1, insofar s th,
right of way is contiglious to a cove of the
Linkhorn Bay adjacent tcj I,Ots 4 and 5 of the
plat referet)ced above.
This quitc.laim conveyance of Grantor's riparian
interests is for the purpose of facilitating the allocation of
riparian interests among the propc,rties adjaceiit to Winwood Dr@vu
in accordance with the agreem@rit of the adjacent property
interests now pe-ridit)g in a case @@tyled R-aymo@@. arrett and
Elizabeth M. fiarrett-v. -J. C. H(,i)ry and -Martha-@en@ t al.,
Chancery No. ( HI)0-1'/34, pen(iing @,,,f@)re the Circuit Court of the
City of Virginii Beach, Virginl,i. The Grantor's quitclaim
conveyance shall run with the latid of said adjacent properties
and adjacent riparian interests t(:) the en@J that the remaining
adjacent properties frontirig on the cove shown in the plats
referenced her-ein shall allc)cate ill riparian interests in said
cove in accordaiice with @i pliit of Langley and McDonald,
introduced into the record c@f the pending Chancery matter above
as Exhibit No. 1.
The City Oi-dinan,-@e auttic)rizing this conveyance is
attached hereto @ind made a @)art h'@rE'Of as Exhibit A.
IN @ITNESS WHEREOF, th@- ('ITY OF VIRGINIA BEACH has
caused this Deed of Quitclaim to !:,e executed in its name and on
its behalf by its Cit@, Mana(jer/Atit-horized Designee of t-he City
Manager, and its corporate s,?al af f ixed hereto and duly @ittested
by Ruth Hodges Smith, City Clerk.
2
APPROVED AS TO CONTE (@ITY OF VIRGINIA BEACH, a
AND LEGAL SUFFICIENI iflunicipal corporati,, of the
('Ommonwealth Of Virginia
fiy
clc)F
1)(?signee of the City Manager
(SEAL)
ATTEST:
City erk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, in
a Notary Public
at
and for the City and State afo@psiid, do hereby certify th
('ity Manager/Authorized Designee
of the City M@in,i@ger of the cl,ry @)F VIRGINIA BFACH, a nunicipal
corporation of the Cominonwealth ai \Iircjinia, whose name is signea
to the foregoing writing, L)eating date the clay of
1994, has acknowledged the same before me in my
City and State aforesaid.
Given L)nder my hand thi!; day of 1994.
r- -y @u ic
My commission expires:
3
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
and for the City and S-tate afores,ii(l, do hereby certify that Ruth
Hodges Smith, C'ity Clerk Of tllc' CII'Y OF VIRGINIA BEACH, a
municipal corporation of th(@ Comm,,fl,,,Calth of Virginia, whose name
is signed to the fore(joing writil@(1, bearing date the day of
11)94, h,is a(,.@@nowledged the same before me in
my City and State aforesaid.
Giv(,n i)nder my hat@d thil day of 1994.
@o f -a7r Public
My commission expires:
4
- 19 -
Item III-J.
PUBLIC HEARIIVG ITEM # 38016
PLAN7VING
May- Mey- E Obe-dorf DECLARED a PUBLIC HEARING on:
PLANNING
1.
(a) McDONALDS CORPORATION RECONSIDEK4TION
CONDI77ONAL CHANGE
OF ZONING
(b) VIRGINL4 BEACH FOUNDATION CHANGE OF ZONING
(c) 7EA CELLULAR NETWORK CONDITIONAL USE PERMIT
(d) JACK RABBITIHOLL4ND ROAD AMENDMENT TO THE
TIMBERL4KE LAND USE
(e) FF7LLL4M B. CROSS VARL4NCE
(t) JOHN A. COLAPRETE VARL4NCE
(9) RAYMOND EARNEST WALYER VARL4NCE
(h) JOHN DOBBS CHANGE OF ZONING
(i) QUICK 10 CORPORATION CONDITIO]VAL USE PERMIT
0) AL4RTIL4 E. ATHEY CONDITIONAL USE PERMIT
(k) CITY OF VIRGINL4 BE4CH CONDITIONAL USE PERMIT
(1) CITY ZONING OPDINANCE AMENDIREORDAIN
Secdons Ill and 1401
Section 201
Secdon 203
Section 211
Secdon 235
Secdons 401, 501, 601, 801, 901,
1001,1511,1521
Sections 602 and 1522
Section 1005
SUBDIVISION ORDINANCE AMENDIREORDAIN
Secdon 6.3
(n) CHESAPEAKE BAY ORDINANCE AMENDIREORDAIN
Sections 106,108,110,113,114
(0) RESIDENTL4L CONCEPTS, LTD. CONDITIONAL USE PERMIT
May 24, 1994
- 20 -
Item III-J.I.a.
PUBLIC HEARING ITEM # 38017
PIANNING
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant
77te following registered in OPPOSITION.-
FelLx S. Arneu, 2320 )Gngsman Arck Phone: 427-3361
R. J. Mickiewicz, 2344 Court Circle, Phone: 427-3212
A motion was made by Councilman Brazier, seconded by Vice Mayor Sessoms to ADOPT Ordinance upon
Applzcation of McDONALDS CORPORATION for a Condinonal Chanjee Qf Zoning District
Classk&ation from B-1 Business Residential District to B-2 Community Business District with amended
proffers.
Upon motion by Councilman Dean, seconded by Councilman Moss, City Council DENIED
CONSIDERATION of any further Ordinance upon application of McDONALD'S CORPORATION for
a Conditional Change of Zoning:
ORDINANCE UPONAPPLICATION OFMCDONALDS CORPORATION
FOR A CONDITIONAL CHANCIE OF ZONING DISTRICT
CL4SSIFIC,4TION FROM B- I to B-2
Ordinance upon application of McDonald's Corporation for a
Conditional Change of Zoning District Classification from B- I Business
ResidentiW District to B-2 Community Business District on certain
property located on the north side of Princess Anne Road beginning at
a point 800 feet more or less east of James Madison Boulevard 7he
propayed zoning classification change to Community Business is for
commercial @ use. 7he Comprehensive Plan recommends use of this
parcel for RetaillService use in accordance with other plan policies. Said
parcel contains 38,419.92 square feet. PRINCESS ANNF BOROUGIL
Voting: 6-5
Council Members Voting Aye:
Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf and Nancy K Parker
Council Members Voting Nay:
John A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert W Clyburn and
Irice Mayor William D. Sesse)ms, Jr.
Council Members Absent:
None
May 24, 1994
- 21 -
Item III-J.I.b.
PUBLIC HEARING ITEM # 38018
PL4,NNING
Upon motion by Counc@an Brancl; seconded by Vice Mayor Sessoms, City Council ALLOWED
"WHDRAWAL of an Ordinance upon application of YIRGINL4 BF,4CH FOUNDATIONfor a Change
of ZDning District CLassification:
ORDINANCE UPON APPLIC4TION 0,F VIRGINLI BE.4CH
FOUNDATION FOR A CHANGE OF ZONING DISTRICT
CL4SSIFIC4TION FROM RT-1 TO RT-2
Or&nance upon application of Virginia Beach Foundation for a Change
of Zoning Distnct Classif7cation from RT-1 Resort Tourist District to
RT-2 Resort Tourist District at the southeast corner of Atlantic Avenue
and ]2th Street. 7he proposed zoning classification change to RT-2
Resort Tourist District is for resort hotels and complementary uses
including museums and art galleries. 77ie Comprehensive Plan
recommends use of this parcel for a resort activity center. Said parcel is
locate,d at 1113 Atlantic Avenue and contains 15,750 square feet.
VIRGINL4 BEACH BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W Brazier, Jr., Robert W
Clyburr; Robert K Dear; Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy K Parker and rice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
May 24, 1994
- 22 -
Item III-J.I.c.
PUBLIC HEARING ITEM # 38oig
PLAIVNING
Randy Royal, E"gineering Selicel, Ph,,,e: 468-6800, represented the applicant and requested
DEFERP-4L. Correspondence dated May 24, 1994, fi-om Mark D, Williams of McGure W s BaU e
8, B-the reques6ng INDEFINITE DEFE@ is hereby mad, a part of the record. ood I
UPOn -ii- bY Councibnan Dea,4 seconded by ;rce Mayor S,,Sons, City Council DEFERRED
INDEFIN17FLY the Ordinance uP- aPPlzcation of TF,4 CELLULAR NETWOIZK SERI,7CES for a
Conditional Use Permit.-
ORDINAIVCE UPON APPLIC4 TION oF TEA CELLULAR NEIVORK
,IERIICES FOR A CONDITIONAL U,5E PFRAfl-r FOR A 150-FOOT
COMMUNICATION,5 TOWER
or'*-n- uP- aPPlicatiOn Of TEA Cellular Network Services for a
Conditional Use Permit for a 150-foot communication tower on certain
ProPen), located 2750 feet more Or less west of General Booth Boulevar,4
2640 feet more or less north of LM&ln Bridge Road. %id parcel is
located at 2385 LOndon Bridge R,,ad a,,d ,,,tains 10 acres. PRINCESS
ANNE BOROUGII
Voting: 11-0
Council Members Voting Aye:
John A. Baum, LinwoOd 0. Brancl4 III, Jam- W. Brazier, Jr., Robert W
Clybur?4 Robert K Deat4 LOuis P, JOnes, Paul J Lanteigne, John D
Moss, Mayor Meyera E Oberndorf, Nancy K Parker and ;-lce Mayor
William D. Sessoms, jr
Council Members Voting Nay:
None
Council Members Absent:
None
May 24, 1994
- 23 -
Item III-J.I.d.
PUBLIC HEARING ITEM # 38020
PLANNING
AttO-ey P- J. Nutter, II, 4425 CorPoration Lane, Phole: 671-6000, represented the applicant
UPon -tion by Counczbnan ClYburn, seconded by Counclman Branck CitY Council ADOPTED an
Ordi-nce upon application of JACK R,4BBITIHOLL4ND ROAD f,,r an amendment to the Tipnberlake
Land Use Plan.
ORDINANCE UPON APPLICATION OF JA(K RABBITIHOLLAND
ROAD FOR AA, AMENDMENT To THE TIMBERL4KE L4A'D USE
PLAN TO ALLOW FOR THE FXTENSION OP AN EXISTIN(, MINI-
STOR,lGE FACII,@ Z05941421
Ty " VI I
BE IT HEREBY ORDAINED BY THE COUNCIL oF THE CI 0 , RG NL4 BEACH, 117RGINL4
Ordi-nce upoll application of Jack RabbitIHollad Rad fo, .,,
amen&nent to the Ti?nbelake Land Use Pla, to allow for the extension
of an ex'st'ng mini-storage facility- Said Property is located at 4193
Holland Road and contains 1.08 acres. KEMP,@v7LLE BOROUc;ll.
@e foil-ing conditions shall be required:
1. Category P7 landscaping shall be installed along the perimeter
of the -pansions located next to the townhouses or residential
areas.
2. No signage - graphics will be permiffed on the proposed
buildings
7he Ordinance shall be effective in accordance with Section 107 (t) of the zoning Ordinance.
Adopted by the Council of the City of Virginia Beacl4 Virginia, on the ou a N e n
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert W
Clyburi; Robert K Dear4 Louis R Jones, Paul J. Lanteigne, John D.
Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E. Oberndorf
Mayor Oberndorf left at 8.-25 P.M. to ACCEPT the WOMAN OF THE YEAR 1994 AWARD fi-om the
Business Community of Hampton Roadv
May 24, 1994
- 24 --
Item III-IE.
PUBLIC HEAR[JVG ITEM # 38021
PL4NN17VG
Rick Matthews, 192 Ballard Court, Phone: 490-30oo, represented the applicant
Upon -tion by Councibnan Jones, seconded by Councibnan Clyburp; City Council APPROVED the
application of B. CROSS for a Variance to Section 4.4(b) of the Subdivision Or&nance which
requires that all lots created by subdivision meet the requirements of the City Zoning Ordinance.
Appeal from Decisions of A&ninistrative Offlcers in regard to certain
ele,ments of the Subdivision Ordinance, Subdivision for William B. Cross,
Propen), is located on the south side of Connie fane, 558.88 feet of east
of Newtown Road BLYSIDE BOROUGII.
Voting: 7-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Louis R Jones,
Paul J. Lanteigne, Nancy K Parker and Vice Mayor William D. @essoms,
Jr.
Council Members Voting Nay:
Robert K Dean and John D. Moss
Council Members Absent.-
Linwood 0. Brancl; III and Mayor Meyera E. Obernd()rf
May 24, 1994
- 25 -
Item HI-lf.
PUBLIC HEARING ITEM # 38022
PLANNING
Lucian B. Cox, 108'0 L-kill R-ad, Phone: 425-8565, represented the applicant. Petitions in SUPPORT
of the application are hereby made a part of the record.
UPOn -tion by Councibnan Brancl; seconded by Counci@ Lanteigne, City Council APPROVED the
applicatzon of JOB7V A. COL.4PRETE for a to Section 4 4(b) of the Subdivision Ordinance
which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance.
Appeal fiom Decisions of A&ninistrative Officers in regard to certain
ele,ments of the Subdivision Ordinance, Subdivision for John A. Colaprete.
Property is located at 188 Pinewood Road, VIRGINL4 BF,4CH
BOROUGH.
7he following conditions shall be required:
1. Lots IIA and ]]B shall be restricted to single-family
dwellings.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III James W. Brazier, Jr., Robert W
Clyb-n, Robert K Dean, Louis R. Jones, Paul J Lanteigne, John D.
Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E Oberndorf
May 24, 1994
- 26 -
item iii-I.9.
PUBLIC HEARING ITEM # 38o23
PLAiVNING
Att,o-ey R Edw-d Bo-dOn represented the applia,l
UPon motion by Cou-@n Brazier, -conded by Councilinan Moss, CtY Councl APPROVED the
APP"C@l'*" of OND EST
Ordi-nce whicj"YM WALKER fr tO Sectio,, 4.4(b) of the Subd,,V,,,on
Ordinance. h requires that all lots created by subdivision meet all requirements of the City Zoning
Appeal fio- Dec@sons of A&_nstra,,ve offlc. . regad - certan
eletnents of the Subdivision Ord,-nce, Subdivision for Raynond Ernest
Wa&er- PrOPertY is located at 1465 Bander Clurt- LYNNHAVEN
BOROUGH.
7he following con&tion shall be requred.-
1. No pri-ary structure (home) or garage may be constructed
,ipon tlat Portion of any lot now designated as belng in the
Resou-e Protection Area (RP.A.) a, deflned i, the City's
ChesaPe4ke BaY Pres-tion Area ordinance. Any other
imPrOv--ts UPON th- POrtio- of the platted lots lying
within the R.P -4. shall adhere to the provisions of the
ChesaPeake BaY Preservation Area Ordia,,e.
Voting: 10-0
Council Members Voting Aye:
J n A. Ba , Linw d 0. Branc III
Coh urn 00 , James W. Brazier, Jr., Robert W.
lybur'4 Robert K Dean, LOuls R. jones, paul J Lanteigne, John D.
Moss, Nancy K Parker and P ice Mayor zil am D Se,,OM,
jr
Council Members Vofing Nay:
None
Council Members Absent.-
MaYOr Meyera E. Oberndorf
May 24, 1994
- 27 -
item III-Ih-
PUBLIC HEARING ITEM # 38024
PLANNING
ion Dbbs, the applicant, represented hi e f
Ha 1
Upon motion by Councilinan Clybur,, seconded by Councilman Brazier, City Council ADOPTED an
O,&.nc@ upon -PPlic-tiOn Of JON DOBBS for a Change of Zoning District Classification:
ORDINANCE UPON APPLICA TION OF JON DOBBS FOR A CHANGE
OF ZONINC, DISTpjCT CL,4SSIFICATION FROM A-12 TO R-5S
Z05941422
BE IT HEREBY OPDAINED BY THE COUNCIL OF THE Cjly OF VIRCINL4 BEACH, P7RCINL4
Ordinance upon application of Jon Dobbs for a Change of ZOning
District Classificati- fr- A-12Aparitnent District to R-5S Residential
Single Family District on certain property located on the east side of
South Kentucky Avenue beginning at a point 1020 feet more or less south
of Bonney Road. ihe proposed zoning classification change to R-5S is
for single family residential @ use at a density no greater than 8
dwelling units per acre, 7he Comprehensive Plan recommends use of this
parcel for Urban Medium Low Density Residential at densities that are
compatible with multi-family use in accordance with other plan policies.
Said parcel contains 10,890 square feet. KI,,MSPWLLE BOROUCH-
7he Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the w - 0
Hundred and - 0 r
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch III, James W Brazier, Jr., Robert W
Clybury; Robert K Dean, Louis F- Jones, Paul J Lanteigne, John D.
Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
]Vone
Council Members Absent:
Mayor Meyera E. Oberndorf
May 24, 1994
- 28 -
Item III-Ii.
PUBLIC HEARIIVG ITEM # 38025
PL4NNING
Lyle Tatroe, 1141 Cyprus Point Way, represented Lhe application
Upon motion by Councibnan Jones, seconded by Councibnan Moss, City Council ADOPTED an
Ordinance upon application of QUICK 10 CORPOK4TION for a Conditional Use Permit:
ORDINANCE UPON APPLIC4TION OF QUICK 10 CORPOR,4TION
FOR A CONDITIONAL USE PERMIT FOR ANA UTOMOBILE,5ER117CE
STATION R05941894
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF l,7RGINL4 BEACH, VIRGINL4
Ordinance upon application of Quick 10 Corporation for a Conditional
Use Permit for an automobile service station on certain property located
on the north side of Wesleyan Drive, 8,00 feet more or less east of
Diamond Springs Road. Said parcel contains 31,538 square feet.
BAYSIDE BOROU(IIL
7he following condition shall be required:
1. A stormwater management plan will be required during site
plan review
77je Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of rirginia Beacl4 Virginia, on the Twenty-fourth Qf
Hundred and Ninety-Four,
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W
Clyburi; Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Nancy K Parker and Vice Mayor William 1). Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera l-,@ Oberndorf
May 24, 1994
- 29 -
Item III-IJ.
PUBLIC HEARING ITEM # 38025
PL,4NNING
Ga?Y Price, 153 South Birdneck Road, represented the applicant
Upon motion by Councibnan Brazier, seconded by Councilman Moss, City Council ADOPTED an
Ordinance upon application of MARTIL4 E. A7HEY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MARTIL4 E ATHEY FOR A
CONDITIONAL USE PERMIT FOR A COMMFRCL4L MARINA
R05941895
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE C17Y (JF VIRGINLI BEACH, VIRGINLI
Ordinance upon application of Martha E. Athey for a Conditional Use
Permit for a commercial marina on Lots 8, 9, 10 & 11, Block 22,
Lynnhaven Shores. Said parcel is located at 2161 Vista Circle and
contains 41,382 square feet. LYNNIL4VFN BOROU(;H.
77ie following condition shall be required.-
A variance to parking requirements must be submitted and
approved by the Board of ZOning Appeals.
77te Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of rirginia Beack Virginia, on the Twenty-fourth Qf Mqv. Nineteen
Hundred and Ninefy-Four.
Voting: 10-0
Council Members Voting Aye:
@n A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert W
Clyburr; Robert K Dean, Louis R Jones, Paul J Lanteigne, John D.
Moss, Nancy K Parker and Vice Mayor William D. 5essoms, Jr
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E. Oberndorf
May 24, 1994
- 30 -
Item III-Ik.
PUBLIC HEARING ITEM # 38025
PLANN17VG
Upon motion by Councibnan Dean, seconded by Councibnan Moss, City Council ADOPTED an
Ordinance upon application of the City of Vwginia Beach for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE CITY OF TIIRGINL4
BF,4CH FOR A CONDITIONAL USE PERMIT FOR A GROUP HOME
R05941896
BE [THEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4
Ordinance upon application of the City of Krginia Beach for a
Conditional Use Permit for a group home on the south side of North
Lan&ng Road at the southeast terminus of (;eorge Mason Drive. Said
parcel is located at 2473 North Landing Road and contains 707 acres.
PRINCESS ANNT,'BOROUGH-
7he Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beaci4 Virginia, on the we - ourt inet n
Hundred and Ninety-Four,
Voting: 10-0
Council Members Voting Aye:
@n A. Baum, Linwood 0. Branc.% III, James W. Brazier, Jr., Robert W
Clybur@ Robert K Deam Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Nancy K Parker and Vice Mayor William D. @ssom, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera P@. ()berndorf
May 24, 1994
- 31 -
Item III-1.1.
PUBLIC HEAPJNG ITEM # 38026
PLANNING
April Marr repr-ented t e applican', 2738 ManOOmin Place, Phone: 425-3
GrO P Mrs. Ma-h 873, representlt,,e of the
Summs " - -ggestedafewamen&nents to theproposedB-1 Zoning Changes. Suggested
amendments are a part of the record.
Corr-pondence of the Tidewater Bullders ASSOclatio, of May 20, 1994, requesting approval of item, 4
m, n and o are hereby nwde a part of the record.
Correspondence of Residential Concepts, Liniled of May 23, 1994, requesting aPProval of Items 1, and
0 re 'flex suites" are hereby made a part of the record.
UPon -tion by Councibnan Dea@ seconded by Councibnan Moss, City Council DEFEIWD u,fil the
City Council Session of June 14, 1994:
Ordinances to AMEND and PEORDAIN the City Zning O,&nance:
1. Sections Ill and 1401 re definitions.
2. Section 201 re yards.
3. Section 203 re off-site Parking requiremena.
4. Section 211 - signs permitted in all districts.
5. Section 235 re housing for the aged, disabled and handicpped
6 Sectio- 401, 501, 6ol, 801, 901, 1001, 1511, 1521 re use regulations,
7 Sections 602 and 1522 re &Mensional requirements.
8. Section 1005 re sign regulafions.
Voting: 10-0
Council Members Voting Aye:
@n A. Ba-, Linwood 0. Branc,% III James W. Brazier, Jr., Robert W
ClYb-?4 Robert K Dear4 Louis R Jones, paul i Lanteigne, John D.
Moss, N-cy K Parker and Vlce Mayor Wllliam I), @ssons, jr
Council Meinbers Voting Nay:
None
Council Members Absent.-
MaYor Meyera E. Oberndorf
ITEMS III-J.1.4 m, n, and o were voted upon in ONE MOTION.
May 24, 1994
- 32 -
Item III-Im.
PUBLJC HEARING ITEM # 38027
PL4NNING
Correspondence of the Tidewater Builders Association of May 2(), 1994, requesting approval of Items 1,
n4 n and o are hereby made a part of the record.
Upon motion by Councibnan Dean, seconded by Councibnan Moss, City Council DEFERRED until the
CitY Council Session of June 14, 1994:
Ordinance to AMEND and PEOPDAIN Section 6.3 of the Subdivision
Or'Unance of the City of Virginia Beacl4 Virginia, re final plats and
data.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Nancy K Parker and Vice Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E Oberndorf
ITEMS III-J.1.1, m, n, and o were voted upon in ONE MOTION.
May 24, 1994
- 33 -
Item HI-In.
PUBLJC HEARING ITEM # 38028
PL4NNING
Correspondence of the Tidewater Builders Association of May 20, 1994, requesling approval of Items 1,
m, n and o are hereby made a part of the record.
Upon motion by Councibnan DearL secomkd by Councilman Moss, City Council DEFERPED until the
City Council Session of June 14, 1994:
Or&nance to "END and REORDAIN Appendix F, Sections 106, 108,
110, 113 and 114 of the Chesapeake Bay Orifinance of the City of
Virginia Beaci; Virginia, re minor projects.
Voting: 10-0
Council Members Voting Aye.-
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W
Clybur?; Robert K Dea@ Louis R Jones, Paul J. Lanteigne, John D.
Moss, Nancy K Parker and Vice Mayor William 1). @essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E. Oberndorf
ITEMS III-J.1.4 m, n, and o were voted upon in ONE MOTION.
May 24, 1994
- 34 -
Ite- iii-io.
PUBLIC NG ITEM # 38029
PL4NNING
COrr-Pondence of the Tidewater Builders A"Ciation of May 20,
n; n and o are hereby -de a Part of the record. 1994, requ-ting approval of item 1,
Correspondence of R-i entw Concepts, Limited of MaY 23, 1 94, reque
0 - @fl- suites" are hedreby made a part of the record.9st'ng aPPro'll Of Items 1, and
UPon -lion bY COuncibnan Deam seconded bY Counci@n Moss,
C' Ou-il ssion of J-e 4, 994, a Ordinance C"y Co"C" DEFEIWD -til the
LT,y @ se I I uP- application of PxSIDEArTLIL CONCEPTS,
D., by ROBERT M, JOHNSON, for a Conditional Use Permit.
ORDINANCE UPON APPL,,C"TION OF RESIDENTL4L CONCEp7S
LTD., BYROBERT M. JOHNSON
FOR A FLEX SUITL , FOR A CONDITIONAL USE PERMIT
Or&-nce up- applical'on of Residentlal COncepts, Ltd., by Robert M
Joh-On, for a Condilonal Use Permit for a flex suite on Lot 153,
ChUrCh Point. Said parcel is llclted at 4044 Tiinber Ridge Drive and
contains 17,424 sq-- feet. BIYSIDE BOROU(;,,
Voting: 10-0
Counc'l Members Votng Aye:
John A. Ba-, Lin@-d 0. Branc II,
1; , Jes W. Bazier, Jr, Robert W.
Clyburp; Robert K Dea@ I_uis gJ@-es, Paul JLnteigne, joh" D.
Wl
MOSS, Nancy K Parker and rice Mayor 11 ial D. Sessons, Jr.
Council Members Voling Nay:
None
Council Me-bers Absent.-
MayOr MeYera E Oberndorf
ITEMS III-J,1.4 M, n, and o were voted upon in ONE MOTION.
May 24, 1994
- 35 -
Item III-J.1.
UNFINISHED BUSINESS ITEM # 38030
ADD-ON
Councibnan Baum requested the City Staff be &rected to SCHEDULE, for a City Council Session as soon
as possible, the most feasible 2500 dwelling unit Southem Rural Preservation Plan. Ais Plan should
contain a mix of soil types and acreage.
May 24, 1994
- 36 -
Item III-J.2.
UNF17VISIIED BUSINESS ITEM # 38031
ADD-ON
Councibnan Dean referenced th, StudY on Wems and the grant received on groundwatr a,,essment.
7he Ci Ma-ger ed meeting wi uy /Is mau
ty advis th consultants re an analysis on the sustainabi i of we on ,
residentW 10t situadons- As soon as this report is -ceive-t satne will be ,;CHEDL)IED for a City
Council Session.
May 24, 1994
- 37 -
Item III-J.3.
UNFINISHED BUSINESS ITEM # 38032
ADD-ON
UPon motion by Councibnan Baum, seconded by Councilm- Branck CitY Council SCHEDULED fo,
the City Council Session of June 14, 1994:
PUBLIC HEARING
SOUTIfEASTERN EXpRESSwAy
Voting: 7-3
Council Members Voting Aye:
John A Baum, Linwood 0, Branc,% III, imes w Br ier, Jr., Robert W.
. a,
Cyb r4LOuisR.JonePauli nt
I ur s La eigne, and rice Mayor Wzlliam D
Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean, John D. Moss and Nancy K Parker
Council Meinbers Absent.-
Mayor Meyera E. Obern&)rf
May 24, 1994
- 38 -
Item III-J.4.
UNFINISHED BUSINESS ITEM # 38033
ADD-ON
Counci@ Moss referenced the scheduling of a Resolution relative the Federal Beach Nourishment or
Hurricane Protection Project for the Sandbridge area for the City Council Session of June 7, 1994. As
both the Mayor and hi?welf will be ABSEA7 during this Session. Councilman Moss requested this item
be scheduled for June 14, 1994.
7he City Manager advised the Army Corps of Engineers had to have an answer by May 77iirtieth. Ihe
City Manager, through the Congressional office, had this dated extended until June 8, 1994.
May 24, 1994
- 39 -
Item III-K.].
NEW BUSINESS ITEM # 38034
City Council ACCEPTED BY CONSENSUS:
Abstrad of Votes cast in the General Election held on
May 3, 1994:
(a) Ylrginia Beach City (,@ouncil
(b) Virginia Reach School Board
(c) City Council Flection Plan
May 24, 1994
ABSTRACT OF VOTES cast in the Coiint-@IlCit-v of -1 Virginia,
at the special election held on M@,, 3 _, 19 94 , on (liefollowing question orproposition.-
CITY COUNCIL ELECTION PE.AN
QUESTION: Should city CoLiiicil request the General
Assembly to amend the City's existing councilmanic electoral
plan to provide for division of the City into seven (7) districts
of approximately equal population, @vith seven (7) members
to be elected only by the voters of their respective districts,
and three (3) mernbers and the rnavor to, l@ elected by and
from the Citv it I.,Irge?
FOR
AG.@l.%'.@T 18, 9 21,
@Ve, tlze undersigned Electoral Board, tipori e-ict?iinatioi of tlie ()ff-icial r,,(orci@ depositeci @,iiii tlle Clerk of ille Circilit
Cotirt of tlie election on Ma 3 -- ---, ]9a4-, (lo tiiat tire aboi-e is a tnie aii(i (-orre(,t
Abstract of Ilotes cast at said eleclion for tin(! a@aitlsl Ire
qiiest,017 or 5cifo,tli 7bove.
Given under otir hands this da-V
A Cliairt?iati
Vice cl?Girt7?an
Secretarlv
Secretan,, ElectoralBoarci
ABSTRACT OF VOTES cast in the City of
M-Y 3, 1994 G,-.,,.,l Election, for: Virginia, at the
member, CtY councii (At L,,qe) (2 seats)
Ad
@thryn L- Bryan 1,703
1 4 4 2
11,408
@L.@ Ilace
4 , 2 8 6
r
18 154
olds, Jr. 8,221
D- Rhr
I 4 9 3
2 2 8 1 7
We, the undersigned Electoral ard, upon examina
Circ,,i, COurt of the elction hel @O tion @f the Official reco,@s @Posited with th, Clerk of th,
s d on @fay 3, 1.9-94, d here
t a
do, h@refore, determ ine and @clare tha e the fllllwing person(s) ha ve r cei ed
the greatese number of votes cas t
OfVO@ castatsaid,lcti@n-nd 0 bYcerify".tth, O,,eisatrueandcorre, Abstract
t for the ,bove offic@ in said electiorz. L
K- Parker
S@@@.MS, Jr.
Given under our h,,nd, this 5th dy f 199,@-
A opy 1,@t.:
irr7zan
Cilail marl
cretary
SecretOlY, Electoral Board
City of
Gen May 3, 1994
eral Election
Member, City Counci-l- (At- L-a-,rge.) (2, seat!; Pa.@e 2 of 3
Ar-'3@a
Daniel J. Brennari
E. E. Brickell
Glenn Corey 2
1
Edward S. Daviri 2
Walter W. Erl)
E erett
James LaClaire
Ileba McClanan I
Leo Mosley
one of the Abov(, 3
Abov,,
Ralph O'Connell
Abstract Continuation Sheet
Member, City Council (At@ I.arge) (2 scats) May 3, 1994
Office Title Election Date
Election
CountY/City Of vix7ginia Beach
Page 3 of 3
Fred Owen I
John Parmele
Andrew p Perkina 4
John Michael Porgal I
Michael J. Posta, III
G(-orqf- -q,hae@--
Bob Spadaccini 1
R. Truwalb I
Suzanne Vandersydes 1
.TAmpq Dw 1
James E. Weirch------ 2
Ira White-
.Tamp@ Whit@'pr
William Yarborough 1
ABSTP,ACT OF VOTES c.st i. the City of Beah Vi,giia, at the
May 3, 1994 General Election, for:
mpmh Bayside Borough) (1 seat)
pp,@p,i.1, ffi,, till t IV.,d
T.I.1 Vt@,
N.-. C-did.t,. R,c,i.@d
(7@ Fig.,,.)
Louis R- JOnes 27,569
d 1
Bruce E. Alt 2
Any Other Mo
JOne-s--_-__
Anyone Else 3
Jenene Atkinson 1
s Ball.. 2
Elsie M. Barnes 3
W. L. Belch I
id,, if @@@d,d)
l@'e, the undersigned Electoral Board, i,pon examination of the official ecords deposited with the Clerk of the
Circuit Court of the election held o, 3,f,,-, 3, 1994, do hereby certify th@t fhe abole is ti true and correct Abst,act
ofVotes castat saidelection anddo, thelefore, determine and declare tht thefollowingpe,son(s) hate rece@t,ed
the greatest number of votes cast for the above office in said election
@ouis R. Jones
Given under our hcznds this 5th d@, f Afy, 199
A cpy 1,,1,: Chairman
7 Vice Chaii-man
Secretary
Secrelary, Electoral Board
City of acti
M-Y 3, 1994
Men,ber, Cit'Y Coun I (Baysidc! Borougil) General Election
Page 2 of 8
ell
5
William C- Bisc-hoff
-
E- E. Brickell
- C01ton L. B o,-k -
-
Ji-Y Buffett.
Bush
a!;
W- carrlk
2
r i s t
D. Clark
Abstract Colti,uation She,t
member, city Counci Bayside [3oro,(jil)
Offi , @t,,-,,y -ounc-i,
D,,t@
Co-nty/city of
r!,Iection
Page of
za
Glenn Corev
2
shePpard fl.
DaviS
Dr- Don Drew
Do
C- Dudl,,
2
Ab-stract Continuation Sheet
member, city Councii (8ayside Borough)
94
Election Date
County/City of .- Election
sp.,i.]
Page @ of
N-- Tt.1 v.,,,
R'lli-d
Walter Erb
ridqe
2
er
Selma Garland
-.S- flarrell
Deborah T_ lienry
Horace 'Bud- Hill,
12
I
Abstract Continuation Sheet
Me-ber, City Council (Bayside BOroll,lh) May 3, 1994
ffi e Title
le,t@-. Date
County/City of General Election
C-@11.1 ., Sp@ci.]
Page 5 of 8
N-- -t C-dida,.
Euge,,e S- Jacques
Norman Kahn
D. Keen
cinski
@ouglas Mann
-
-
- ney
Howard McNeil
-
Abstract Continuation Sheet
Member, City Council (Bayside florougli)
Office 'ntle FIe@ti. D,,te
General Election
COuntY/CitYOf Virginia Btac-h Pi-.,Y. G..@'.1 ., sp.ci.1
Page of 8
T.t@ V.1@.
N-. f C-dida,.
- Donald Edward Meyer
- G(,ne R. Moore- 19
Simon Moore 1
Frozive Slater Morrow
Rigor Mortiq 2
mi,k@@ mnllqfl - -,- 9
Mr. Magoo 1
MTV'S Butthead 1
Pat Miirphy
Robert Naggy
Martin C. Nicely I
Lt. Col. Jer Niedhart 1
Ronald S. Nieto I
None of the Above 2
John P. Oliver 3
Elin Outlaw 1
Abstract Continuation Sheet
Member, City Council (Bayside Borotigii)
Office 'ntle Election Date
County/City of Election
Page 7 of 8
Lou Pace
2
- J- Palmer
Ashley Parr
Jean-Luc Picard
Eugene Rose, Sr.
Robert Rouqhton-
abat,)
Shao
Albert Smith
S lvester Smith
illa@ll 2
Abstract Continuation Sheet
Member, City Council (Bayside Borough) May 3, 1994
Office q1/2tle Election Date
General Election
COuntY/CitYOf Virginia Beacti P-.,Y@ C@@ ... I ., sp.,i.1
Page 8 of 8
T.I.1 Vt,.
14@,i.,d
N-. f C-dida@. (7. F@-.)
George S. Stokes 2
Louisa Stravhorn I
Trarip Tnpps
Tract Topps
Ronna Tracy
C@ Van Ciins
Michael Wilsori
Walter Winchell
ABSTRACT OF VOTES cast in the City of Virqinia Beach Virginia, at the
May 3, 1994 General Election, for:
Mernber, City Council (Kempsville Borough) (I. seat)
,.I,, pp,.P,..I, ffi,, fitl, .@d, if ppli@.bl,, B.-.Rh, Di@ti,t IV.,d
T.t.1 V.t@,
N.-,
Daniel J. Arris 9,337
Rnhprt W- Clybiirn 7
Walter W. 'Wally' Erb 6,588
obert C. "Bob" Sp daccini 2,358
Louisa M. Strayhorn 1.2,671
E. E. Brickell I
Glenn Cor " 1
Fdward S- Dayin I
Donald Duck I
Deborah J er 1
f ,,dd)
@'e, the undersigned Electoral Board, upon e@mination of the official records deposited with the Clerk of the
Circuit Court oftheelection held on Afay3, 1994, do hereby certify that the above is a true and correctabstract
ofVotes castatsaidelection anddo, therefore, determineanddeclare that thefollowingperson(s) have received
the greatest number of votes cast for the aboue office in said election
Louisa M. Strayhorn
Given under our hands this 5 th day of May, 1994,,
A Ipy (,,t@: Chairman
Chatiman
tary
Secretary, Electoral Board
City of
GeneMay 3, 1994
Meniber, City Council (Kempsvil,],e Borou(JIl) raj Election
Page 2 of 2
Mickey Mouse 2
None of the Above 2
James Osterber(j
,Iln Outlaw
ABSTRACT OF VOTES castn the City of Virginia Beach Virginia, at the
May 3, 1994 General Election, for:
'@t" -PP@Pli@t, @ffill till, .@d, if ppli@.bl,. Di@ti@t l@'.,d seat)
f C- did.t,.
lbert W. "Al" Balko 16,328
I , 3 2 0
W. W. 'Bill' ilarrison, Jr. 18,660
John 0. Parmele,-,jr- 2 , 7 4 9
Edward S. Daviii
Walter W- Erb
Jim MacQuire
hilip B. Maqruder, Jr.
id,, if @,,d,d)
We, the undersigned Electoral Board, upon examination of the official reco,ds deposited Lvith the Clerk of the
Circuit Court of the election held on May 3, 1994, do hereby certify that the above is a tue and co,rect Abstract
of Votes cast at said election and do, the,efo,e, detemine and declare faal the following pe,son(s) have received
the greatest number of votes cast for the above office in said election
W, W- 'Bill' Ilarrison, Jr.
Given under our harids this 5 t h da N, of Vay, 19@4.
A cpy airman
ce Chaii man
retary
Secretay, Electoral Board
City of Virginia Beach May 3, 1994
General Election
Member, City Council (Lynnhaven Borough) Page 2 of 2
pp,.Pi.1, ffi,@ titi@ .@d, if Ppli,.bL-, 13@@.gh, Di@li@i .1 l@'.,d
T.t.1
R,@@i@@d
N-. f C-daf@. (7@ P@-.)
Michael McEleney
T.@@A T.- Mo@_
None of the Above
Stuart Parker
ABSTRACT OF VOTES cast in the City of Virginia, at the
May 3, 1994 General Election, for:
Mpmher,
titt@ .@d, if ppli,.bl,, B.-.gh, Di@ti,f IV.,d
T.t.1 V.t,,
N.-. f C-did.t,.
Henley 23,213
1 5 , 4 2 8
Al Ablowich 1
E. E. Brickell
Walter W. Erb
June Turner Kernutt
None of the Above 2
Jasmine Parker
id,, if @,,d,d)
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on Afay 3, 1994, do hereby certify that the above is a true and correct Abstract
of Votes cast at said election and do, therefore, determine cind declare that the following person(s) have received
the greatest number of votes cost for the aboue office in said ele@on
Barba Henle
Given under our hands this 5 th day of May, 1994,
A cpy Chairman
Vice Chaii man
ec,eta,y
Secretary, Electoral Board
City of Virginia Beacti
May 3, 1994
General Election
ounc p un h Page 2 of 2
d
T.t.1
N-. -f R,@,i@@d
(7@ F@
Strawberries 2
ABSTRACT OF VOTES cast in the City of Virginia, at the
May 3, 1994 General Election, for:
Member, School Board (At I,arge) (2 seats)
fitl,.@d, ifppli,@bl,, B.,.g@, Di,ti,t IV.,d
T.I.1 Vt@.
N.-..f
- Gail A. Ball 6,280
.';antira T.(,f- npnder 2 , 7 97
Gerald G. Gibbs, Jr. 5,685
- Elizabeth R. Gold 3,573
Mirhapl g- Hamar--,-- 9 8 5 4
- Anna Margaret Rtiodes
Joan M. 5,886
Nathaniel Ii, Sawyer 2 , 1 4 4
- Ulysses Van Spiva J5,773
Charles W. Vincent 11,322
if @,,d,d)
,ve, the undersigned Electoral Board, upon examination of the official records deposited uith the Clerk of the
Circuit Court of the election held on Afay 3, 1994, do hereby certify that the above is a true and correct Abstract
of Votes cast at said election and do, the,efore, determine and declare that the following person(s) have received
the 97-eciest number of votes cast for the above office in said electiori
Ulysses Van Spiva
Charles W. Vincent
Givenunderourhandsthis 5th dyofVf
A @py Chairma@
Vice Chaii rno n
Secreta@,
Secrefczry, Electoral Board
City of
May 3, 1994
Member, School Board (At Large) General Election
Page 2 of 4
-f C-didt@.
(T- F@
G. G. Allin
George A. Baker
-Wm. J. Bennett 2
Ileather Brennari
Alice Clark
uel Cohen
Rick Craven
James E- Dalt..,
Edith C. Ditommasc)
W. Frb
Beecher Henderson
etty lienley
Abstract Continuation Sheet
Member, School Board (At Large) May 3, 1994
Office 'ntle Election Date
General Election
County/City of vi ,Ii G.n@,.l r Sp@6.1
Page 3 of 4
T.t.1 Vt,.
N-.
ShawTi J. Hutchings 2
J ck Koenema, I
2
Douglas Mann
Jean Mann
Michael McEleney
L ster V- Moor,
James E. Munford, ir- 5
Daniel R. Noble 1
ne Abov(, 2
Melvin Sivils I
Truwalb 1
Abstract Continuation Sheet
Member, School Board (At l,arge) May 3, 1994
Of'fice 'ntle lecti,. Dat,
County/City of virginia Election
Page 4 of- 4
T.t.1 Vt,.
N-. f C-didt@. R .. i.,d
Robert Weber
James E. Weirch
ABSTRACT OF VOTES cast in the City of Virginia, at the
May 3, 1994 General Election, for:
Member, School Board (Bayside Borough) (I seat)
,,d,, pp-p,i@!, ffi,, litt@ .@d, if ppli@.bl,, B.@.gh, D@ IV.11,
T.t,d V@t,,
N.-. f C-did.t,.
Elsie M. Barne5 20 253
Harrison G. Dudley, Sr. 15,692
Charles Ballou 1
Lois Bosken 1
Herman Clark 1
Ruth Cole 1
re 1
Walter W. Erb 1
erry Garcia 1
Ive, the undersigned Electoral Board, upon etamination of the official records deposited with the Clerk of the
Circuit Court of the election held on May 3, 1994, do hereby certify that the above is a true and correct Abstract
of Votes cast at said election and do, the,efore, determine and declare that the following person(s) have,eceiled
the greatest number of votes cast for the aboue office in said electiori
lsie M. Barnes
Given under our hands this 5 th da-@, of Nfay, 1994.
A c@py mari
ail mart
ry
Secretary, Electoral Board
Cityof yi,gi@i. May 3, 1994
General Election
Member, School Board (Bayside Borough) Page 2 of 2
pp,.Pi.1, ffi@@ till, .@d, li,@, B.-.6h, Di@ti@f li'.,d - -
T.t.J
N-. f C-didt@.
Laurie V. R. Jenninqs
None of the Above
Anita Poston
ABSTRACT OF VOTES cast in the City of Virginia Beach Virginia, at the
May 3, 1994 General Election, for:
Mpmhpr --@ar-d seat)
litt'.@d, if ppli,.bl@, B.@@gh, Di@ti,i .,IV.,d
T.t@ Vt,,
R,@,i.,d
N.-. f C-did.t,. (7@ Figr@.)
John T- Early, J 9,185
,Tn-hiia F- Fdwards, 2 642
T. "Tim" Jackson 13,449
Allen P. Martinson 3,369
M,ir 1 384
Sonja M- Watts
Richard Craven 1
1
Walter W. Erb I
Michael McEleney
if @,@d,d)
,ve, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on May 3, 1994, do hereby certify that the above is a true and correct Abstract
of Votes cast at said election and do, the,efore, determine and declare that the following person(s) ho ue r@ceived
the greatest number of votes cast for the above office in said electio@i
T. "Tim" Jackson
Givenunderourhandsthis 5th dyofmay, 199
A copy t@,t,: Chairman
e Chaii man
Secreta,@
Secretary, Electoral Board
C'tYOf Virginia R(.arh May 3, 1994
General Election
Member, School Board (KemPs-vi-l-l-C Borough) Page 2 of 2
N-. -f C-didi,.
aula Mille@
Not Anyone Above
M. Turner
ABSTRACT OF
May 3,1994 Gener VOTES cast in th, City of
al Electiorl, for: Virginia, It the
seat)
5 4 6 2
1 8 7 5
sicki
1, 54 0
A,-,,,a
If @ldd)
@@-ig,7ed Electoral Boar upori exami atio t e 0
Circuit court Of the election h Id o, d,
t, e Alay 3, 1994. do h reby certify th-t the above is a t'@ ,,,d CO'rect Abstract
ofvo "C"Statsaidelectionanddo,th.ere or , .n e " h ffici-I ,cords deposited With the Clek f h,
the greatest nurnber Of voels cast for t f c @te-ineanddeclarethatthefollou)ingPe-on(s)hcve,ecei,,d
,boLe office in s@id electio,,
Given undr our h@,,ds this 5th
dzzy of Af@,
1994.
A copy
Chail M,,
lary
S@,ret,,,Y, Eleceoral Board
city of
Mezr,ber, School BO,rd (Lynnhave Alay 3, 1994
h) G6,leral Electic),
Page 2_ of 2
Al@, 't C- didt@.
Hubbard
ABSTP,ACT OF VOTES @t i. th, City,,f
May 3, 1994 GeneraI Election, for: Virginia, at the
member, SchOOl Board (Piingo Borough) (1 seat)
11- seat
f C.@did.t@. R-,i.,d
(7@ Fig,,@,)
1 2 , 7 7 9
17 104
osemary A. ThompSOn 6,330
James Brown I
W. Harrison
eney
-id', if @,@d,d)
Ive, the undersigned Electoral Board, upon examination of the official records depositd ,ith the Clerk of the
Ci,cuit Court of the election held on Afay 3, 1994, do hereby certify that the ,bo,e is . true and correct Abstract
of Votes cast at saidelection and do, therefore, deter7nine and declare tht thefollowing pe,son(s) have received
the greatest number of votes cast for the above office in said election
t
Given under our hands this 5th d-,, ,fkf,,y, 1994.
A .py
airman
ai, inni
retary
Sec,etary, Electoral Board
City of Virainia Beach May 3, 1994
Member, School Board (Pungo Borouc3ti) General Election
Page 2 of 2
T.I.1 Vi@.
R,@@.@d
N-. f C-did@@. a@ P4.-.)
James F. Whit-ener
Kri
- 40 -
Item III-K.2.
NEW BUSINESS ITEM # 38035
ADD-ON
Councibnan Moss referenced the V7RGINL4 BFACH CRIME TASK FORCE REPORT and advised
PECOMMENDATION #7 was missing. Councibnan Moss referenced Recommendation #]: Loss of DUI
Cases, Recommendation #2: Private Collection agencies, and Recommendation #3: Use of Force
Pr"tice. 7he Use of Force Practice should be an internal issue between the Police Chief and the City
Manager.
Vice Mayor Sessoms and Councibnan Branch had met with Charles W Gardner - Chairman of the
Virginia Beach Ctime Task Force. Mr. Gardner had requested presentation of this Council Commiuee
Report during a City Council Session.
7he City Manager requested an assessment of the report by the Police Department and will contact Mr.
Gardner to schedule this presentation.
Ma,v 24, 1994
- 41 -
item III-K.3.
NEW BUSINESS ITEM # 38036
ADD-ON
Council Lady Parker referenced the recent issue of "Money Magazine" and advised Virginia Beach was
rated by the FBI as one of the safest cities (Number 7).
May 24, 1994
- 42 -
Item III-K.4.
NEW BUSINESS ITEM # 38037
ADD-ON
Councibnan Dean reminded City Council the weekend of June Fourth will commemorate the Fiftieth
Anniversary of the Invasion of Normandy. 7his will be reenacted at Fort Story, 1:30 P.M., Saturday.
With the exception of the on-site reenactment in Normandy, this will be the largest in the entire world.
Ten Thousand observers are expected
May 24, 1994
- 43 -
item HI-K.S-
NEw BUSINESS ITEM # 38038
ADD-ON
counciLman Branch advised Councilinan Lanteigne is the GRAND HAL at the PUNGO
STRAWBERRY FESTIVAL scheduled for Saturday and Sunday, May 28 and 29, 1994.
May 24, 1994
- 44 -
Item III-L 1.
ADJOURArMENT ITEM # 38039
r,ce Mayor Ses-- DECLARED the Meeting ADJOURNED at 9.22 P.M.
o
(2 - -@- -------------------------
------------------
Beverly 0. Hooky, CMC William D. Sessoms, Jr.
Chief Deputy City Clerk rice Mayor
---- --------------------------
Ruth Hodges %nitk CMCIAAE Meyera E. Oberndorf
City Clerk Mayor
CitY of Virginia Beach
Virginia
May 24, 1994