MAY 29, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CM COLTNCIL
-IOR M@l@- E
VIC@ M@YO@ @OBERI @, IENTM., -1
]OH, I .@M, .@-1,
@AR- Ei@@O@ER, A,
- . -IUY,
- S,
JOHN . @, -,.ill,
-Y K .-E@, A@ @@,
JO@N I IE-Y, B.,.@ -.,l
l@.-, JR.
CITY COUNCIL AGENDA
I-El I -I.S. JR,, li@, M.-,@ 11@l;INII 11@GINII 111.
HO@@@
RESCHEDULED
TO
TUESDAY, MAY 29, 1990
ITEM 1. CITY MANAGERIS BRIEFINGS - Conference Room 3:00 PM
A. LANDSCAPING ORDINANCES
Robert J. Scott, Director, Planning Department
B. COMMUNICATION TOWER ORDINANCE
Robert J. Scott, Director, Planning Department
C. TAX EXEMPTIONS FOR ELDERLY AND DISABLED
Patricia Phillips, Director, Research and Strategic Analysis
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Roorn - 4:30 PM
A. CITY COUNCIL CONCERNS
ITEM 111. D I N N E R - Conference Room - 4:50 PM
ITEM IV. INFORMAL SESSION - Conference Room - 5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM V. FORMAL SESSION - Council Chamber - 6:00 PM
A. INVOCATION: Reverend Kelly J. Burris
Kempsville Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - May 21, 1990
F. PRESENTATION I
1. LABOR DAY COMMUNITY COORDINATION COMMITTEE
Andrew S. Flne, Co-Chair
Dr. Harrison B. Wilson, Co-Chair
G. CONSENT AGENDA
All matters listed under the Consent Agenda are cons i dered in the
ordin ary course of bus! n ess by C ity Counc i I and wi 1 1 be enacted by
one motion in the form listed. lf an Item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance granting a franchise to Bilmarr Enterprises, Inc.,
t/a Abbey Road Restaurant, re open air/side street sidewalk cafe
(203 22nd Street); and, authorizing and directing the City Manager
to enter into a franchise agreement.
2. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE $581,106
within the FY 1989-1990 Operating Budget of the Department of
Social Services to maintain placements for foster children and
continue mandated day care payments.
3. Ordinance appointing viewers in the petition of The Runnymede
Corporation for the closure of a portion of Walnut Street and
Fourth Street (LYNNHAVEN BOROUGH).
4. Ordinance authorizing tax refunds in the amount of $1,097.08.
H. PUBLIC HEARING
1. PLANNING
a. Application of HARRY SANDLER for a Change of Zoning District
Classification from A-12 Apartment District to RT-3 Resort
Tourist District at the Northwest corner of Pacific Avenue and
16th Street on Lots 1, 3 and 5, Block 23, Virginia Beach
Development Company (1608 Pacific Avenue and 305 16th Street),
containing 21,000 square feet (VIRGINIA BEACH BOROUGH).
Recommendation: APPROVAL
b. Application of BOOTH HILL CENTER VENTURE for a Conditional Use
Permit for a commercial recreation center of an indoor nature
(pool hall) on the West side of General Booth Boulevard at the
Western terminus of Dam Neck Station Road (1485 General Booth
Boulevard), containing 8 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
c. Application of ARNOLD HECHT for a Conditional Use Permit for a
bingo hal I on the East side of Baker Road, 175 feet North of
K-ewtown Road, containing 1.96 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
d. App] lcation of RONALD M. KRAMER for a Conditional Use Permit
for automobile repairs (sales and Installation of tires) on the
North side of Indian River Road, 405 feet east of Kempsvi I le
Road, containing 33,976.8 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
e. Applications of LASSITER & ASSOCIATES re the Southeast
Intersection of Lynnhaven Parkway and Indian River Road,
containing 3.124 acres (KEMPSVILLE BOROUGH):
Conditional Zoning Classification from A-12 Apartment District
to B-2 Community Business District;
AND,
Conditional Use Permit for an automobile service station.
Recommendation: APPROVAL
f. Application of VIRGINIA ELECTRIC AND POWER COMPANY for a
Conditional Use Permit for a substation expansion on the South
side of Greenwich Road, 82 feet East of Business Park Drive,
containing 6.433 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
g. Application of CHARLES W. and EMILY E. GROOVER for a Variance
to Section 4.4(e) of the Subdivision Ordinance which requires
all lots created by subdivision have direct access to a public
street, on the North side of Litchfield Road, 2800 feet West of
Harris Road (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
h. Application of F. D. REID for a Conditional Use Permit for an
automobile repair establishment, a car wash and gasoline pumps
in conjunction with a convenience store on the Southwest side
of Independence Boulevard, 106.53 feet Northwest of Tulip
Drive, containing 31,450 square feet (BAYSIDE BOROUGH).
Recommendation: WITHDRAWAL
i. Application of STAR ENTERPRISE for a Conditional Use Permit for
gasoline sales and a car wash in conjunction with a convenience
store at the Southwest corner of Virginia Beach BouleVdrd and
North Lynnhaven Road (2901 Virginia Beach Boulevard),
containing 33,362.6 square feet (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
j. Ordinance to AMEND the Master Street and Highway Plan of the
City of Virginia Beach:
ADDING a major North-South arterial running from the terminus
of London Bridge Road South to the current intersection of
West Neck Road and Princess Anne Road;
AND,
DELETING the proposed four-lane undivided highway running along
the Northwest side of the Christopher Farms Subdivision trom
Holland Road to Princess Anne Road (future Ferrell Parkway).
Recommendation: APPROVAL
k. Ordinance to AMEND and REORDAIN Article 5, Section 504 of the
City Zoning Ordinance re sign regulations In residential zoning
districts.
Recommendation: APPROVAL
1. ORDINANCES/RESOLUTION
1. Ordinance authorizing temporary encroachment into a portion of the
right-of-way of 66th Street and Oceanfront Avenue to Wallace and
Juanita Chandler (LYNNHAVEN BOROUGH).
DEFERRED May 21, 1990.
2. Ordinance, upon FIRST READING, to APPROPRIATE $1,189,788 as
proceeds from lease purchase re providing Improvements for the
Oceanfront Resort Area communications.
3. Resolution providing health care coverage to Virginia Beach Clty
employees who retire prior to age 65 with at least 25 years of
service or on a work related disability after 15 years of service.
J. APPOINTMENTS
PUBLIC LIBRARY BOARD (Resignation)
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
5/24/90 lbs
- 10 -
Item V-D.E.2.
MINUTES ITEM # 32916
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Cuncil
APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of May 29, 1990, as
CORRECTED:
Page 26, ITEM # 32891
ORDINANCE UPON APPLICATION OF LASSITER AND
ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION
FROM A-12 TO B-2 Z05901285
The following name was omitted from the list of
Speakers in SUPPORT of the application:
Sterling Webster, who identified himself as an
adjacent resident.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 29, 1990
The CITY MANAGER'S BRIEFING relative the LANDSCAPE ORDINANCES was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building,
on Tuesday, May 29, 1990, at 3:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorfi Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
John D. Moss (ENTERED: 3:35 P.M.)
John L. Perry (ENTERED: 4:35 P.M.)
- 2 -
C IT Y MANA GE R' S B R I E F I N G
LANDSCAPE ORDINANCES
3:00 P.M.
ITEM #32870
Robert Scott, Director of Planning, distributed copies of the proposed
Landscaping Ordinances. The Planning Commission has reviewed these Ordinances
which will be SCHEDULED for the City Council Sessions of June 11, 1990. Mr.
Scott identified the various elements contained in each Ordinance.
Ordinance to amend and reordain the Code of the City of Virginia
Beach, Virginia, by adding Appendix E to establish regulations and
requirements for tree planting, preservation and replacement on
residential lots and along residential streets for new subdivisions.
Page 5 - states all residential lots shall have trees planted,
or canopy cover provided, based upon the following requirements
by lot size.
Page 6 - advised Trees shall be selected from the Specifications
and Standards adopted by resolution of the City Council. It
gives credit for existing or relocated trees and further
identifies certain trees which would not be acceptable.
Page 7 - establishes requirements for tree protection during
Construction and requires the provision of a performance bond.
Page 8 - All street trees shall be a minimum of one and three-
fourths (I 3/4) to two (2) inch caliper. These trees shall also
be selected from the Specifications and Standards.
Page 9 - requires A Master Street Tree Plan shall be reviewed at
the same time as other elements of a development plan are
reviewed by the appropriate City Agency.
Page 10 and 11 - City's variances and appeals.
A Resolution to adopt Specifications and Standards applicable to the
Residential Tree Planting, Preservation and Replacement Ordinance.
Attached to this Resolution are the Residential Landscaping
Specifications and Standards.
An Ordinance to Amend and Reordain Ordinance Number 486, Site Plan
Ordinance, By Amending Section 5A pertaining to Parking Lot Landscaping
and adding thereto Foundation Landscaping.
Certain interior landscaping standards shall appiy to public and
private parking lots designed for ten or more spaces and shall
include display areas, commercial and public buildings, parking
garages and shall also include dumpsters, trash receptacles and
loading docks that may be viewed from any public right-of-way.
A Resolution to amend and readopt the Parking Lot Landscaping and
Specifications and Standards of the City of Virginia Beach, Virginia
The Parking Lot and Foundation Landscaping Specifications and
Standards attached as Exhibit A are hereby adopted as the
official specifications and standards to be utilized in the
administration and enforcement of Section 5A of the Site Plan
Ordinance.
- 3 -
C I T Y M A N A C E R' S B R I E F I N G
LANDSCAPE ORDINANCES
ITEM # 32870 (Continued)
An Ordinance to amend and reordain Article 2, Section 203 of the City
Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to
Off-street parking requirements.
Page 51: Item 29 modifies off-street parking requirements for
offices: At least one space per two hundred seventy (270) square
feet of floor area.
Item No. 38 cites three categories of shopping centers:
Shopping centers containing more than eight (8)
individual uses or businesses and located on a
zoning lot five (5) to ten (10) acres in size.
Shopping centers containing more than eight (8)
individual uses or businesses and located on a
zoning lot ten (10) to thirty (30) acres in size.
Shopping centers containing more than eight (8)
individual uses or businesses and located on a
zoning lot greater than thirty (30) acres in size.
Twenty-five (25) percent of the spaces provided may be
designated for compact cars provided that the minimum dimensions
shall be eight (8) by seventeen (17) feet for regular spaces or
eight (8) by twenty (20) for parallel spaces and that all such
compact car spaces be clearly marked with the wording "Compact
Cars Only", provided further that where the width of a parking
space abuts a street frontage landscaping strip and/or interior
landscaped areas, the length of the parking space may be reduced
by one and one-half (1.5) feet.
Ordinance to amend and reordain Article 5, Section 502 of the City
Zoning Ordinance pertaining to parking regulations in townhouse
development.
To encourage parking in townhouse developments in the rear as
opposed to the front, the front yard setback has been reduced by
15 feet.
Ordinance to Amend And Reordain Article 6, Section 602 of the City
Zoning Ordinance pertaining to parking regulations in townhouse
development.
Ordinance to amend and reordain Section 4.1 of the Subdivision
Ordinance pertaining to right-of-way and pavement widths.
The pavement width for an arterial collector minor serving 10
or more residential lots of less than 7,500 square feet could be
reduced: Minimum R/W Width - from 60 to 50 feet and Minimum
Paved Width (face to face of curb) - from 36 to 30 feet. The
Director of Public Works and the Planning Director shall
consider and may approve reduced pavement widths servicing
residential lots of 15,000 square feet and greater, provided
such subdivision proposal is consistent with guidelines
reiterated on page 62 and 63.
- 4 -
C I T Y M A N A G E Rt S B R I E F I N G
LANDSCAPE ORDINANCES
ITEM # 32870 (Continued)
Ordinance to amend and reordain Section 5.5 ot the Subdivision
Ordinance pertaining to curbs and gutters and storm sewers and
drainage.
The Directors of Publ ic Works and Planning shal I consider and
may approve a waiver or modification to the requirements set
forth in Sections 5.5(a) and 5.5(b), for a subdivision if it i5
determined that such waiver or modification is not contrary to
the public health, safety or welfare and that subdivision
proposal is consistent with guidelines reiterated on page 66.
Mr. Scott advised the Standards should be uniform, not contradictory, and
easily available to the public. Mr. Scott would recommend the aforementioned
Standards be compiled in a handbook.
Concerns have been expressed by the Utility Companies specifically with regard
to the Planting in the City right-of-way.
The Landscaping Committee recommendations and the Planning Commission
recommendations will be noted on the Ordinances.
The Planning Commission will meet Wednesday, May 30, 1990, and finalize their
concerns in a letter to Members of City Council.
- 5 -
C I T Y M A N A G E R' S B R I E F I N G
COMMUNICATION TOWER ORDINANCE
4:00 P.M.
ITEM # 32871
Robert J. Scott, Director of Planning, distributed a copy of the proposed
Ordinance to amend and reordain Article 2, Section 232(b) of the City Zoning
Ordinance pertaining to special requirements for communication towers.
There are four major users of communication towers within the City:
Cox Cable
Contel
Centel
City of Virginia Beach
If the tower does not meet or exceed the structural requirements as set out in
EIA-222-D, "Structural Standards for Steel Antenna Towers and Antenna
Supporting Structures", published by the Electronic Industries Association,
effective June 1, 1987, then the minimum setback requirement from the base of
the tower to any property line abutting a residential use or district shall be
equal to one hundred and ten (110) percent of the height of the tower. A report
certifying that these structural requirements will be met must be submitted
with the conditional use permit application. Where the tower meets the
structural criteria outlined above, the minimum side and front yard setback
shall be fifty (50) feet in residential and agricultural districts and twenty-
five (25) feet in all other districts. Additionally, no tower may be located
closer than one hundred (100) feet from an existing residential structure,
regardless of the district in which the structure is located.
Mr. Scott advised where lots are created for the purpose of communication
towers, these lots be identified on the subdivision plat. Flag lots, narrow
lots, or other oddly configured lots wouid be quite acceptable for this type of
use.
In considering approval of any proposed communication tower site, the City
Council shall give consideration to the following criteria:
Whether the application represents a request for multiple use of a
tower or site, or use on a site contiguous to an existing site.
Whether the application contains a report that other potential users
of the site and tower have been contacted, and that they have no
current plans, to the best of their ability to determine, that could
be fulfilled by joint use.
Whether the application shows how the tower or site will be designed
or laid out to accommodate future multiple users.
Whether the proposed tower is to be located in an area where it would
be unobtrusive and would not substantially detract from aesthetics or
neighborhood character, due either to location, to the nature of
surrounding uses (such as industrial uses), or to lack of visibility
caused by natural growth or other factors.
Whether, if no privately owned land in the area meets the above
criteria, the application is for land owned by the city and leased
for fair value, and which does meet the above criteria
It is not likely two cellular telephone operations can be located on the same
tower. It is most probable one cellular operation and Cox Cable could be
located on the same tower.
The City Manager will provide information relative the communication towers,
located in Raleigh, North Carolina and Driver, Virginia, which fell.
Information relative the health impacts of communication towers on adjacent
residents will also be provided.
- 6 -
C I T Y M A N A G E R' S B R I E F I N G
COMMMICATION TOWER ORDINANCE
ITEM # 32871 (Continued)
The City Attorney will determine the area excluded by Fentress Airfield air
rights. The City Attorney shall also advise the areas where the Navy objects
to communication towers being placed and the locations where the Navy has
purchased the air rights. The City Attorney shall DRAFT a letter to the Navy
requesting their policy and procedures regarding purchase of air rights.
A map depicting the location of the various towers shall be provided. This
Ordinance shall be SCHEDULED for the City Council Session of June 11, 1990.
- 7 -
C I T Y M A N A G E R' S B R I E F I N G
TAX EXEMPTIONS FOR ELDERLY AND DISABLED
4:40 P.M.
ITEM # 32872
Patricia Phillips, Director of Research and Strategic Analysis, referenced the
report, "Real Estate Tax Relief", which is hereby made a part of the record.
The Real Estate Tax Relief Program in Virginia Beach currently is available to
eligible elderly and disabled homeowners. This Program currently offers tax
exemption, tax deferral and tax freeze options to all qualified elderly or
disabled households in the City. In the most recent fiscal year 1989-1990, 814
households qualified for exemption and 3 for the freeze. No one took advantage
of the deferral. Page 5 of the report itemizes the Real Estate Tax Relief
Program for Selected Virginia Localities Fiscal Year 1990-91. In Virginia Beach
the average relief per household was $591. The only other locality with a
greater average was Fairfax County with $1,405. As per the request of
Councilwoman Parker, two additional localities were contacted: Chesterfield and
Alexandria. Both of their programs are currently less than the existing
Virginia Beach program. The income limit of Chesterfield is $17,100 and
Alexandria is $18,000.
The Office of Research and Strategic Analysis has attempted to identify two
basic alternatives to reach the State Maximum of Net Income: $30,000 and Net
Worth: $75,000.
Basic Alternatives.
1. Phase-in by 1992-93
2. Phase-in by 1993-94
Exemption Schedules:
Option A: 100%, 80%, 60%, 40%, 20%
Option B: 100%, 80%, 60%, 40%, 20%, 10%.
Net Net
Income Worth Option A Option B
Cost Estimates:
Three-Year Phase-In:
1990-91 $20,000 $70,000 $564,600 $564,600
1991-92 25,000 75,000 749,100 759,700
1992-93 30,000 75,000 920,700 888,700
Four-Year Phase-In:
1990-91 20,000 70,000 564,600 564,600
1991-92 23,000 75,000 693,650 664,825
1992-93 26,000 75,000 849,800 811,900
1993-94 30,000 75,000 1,006,300 970,000
OPTION 1B, with a $25,000 cap for one year of combined income to be effective
July 1, 1991, shall be SCHEDULED for the City Council Session of June 4, 1990.
Vice Mayor Fentress may have an alternative proposal.
- 8 -
C IT Y CO UN C I L CON C E R N S
5:10 P.M.
ITEM # 32873
Council Members Henley and McClanan distributed a DRAFT of the Ordinance to
provide exemptions from certain rehabilitated residential real estate.
Counciiwoman Henley advised the structure on which improvements are to be made
must be at least 25 years old, but the Council may set a structure age
requirement in excess of 25 years. The DRAFT contains an age requirement of 75
years. After perusal of Mr. Matthias' Inventory of Historical Homes,
Councilwoman Henley believed 75 years to be the more accurate figure.
The Council may determine the duration of the exemption which may not exceed
ten years. The DRAFT provides an exemption for five years. The enabling
legislation allows for a $20.00 fee to process an application. The DRAFT
Ordinance does not require this fee.
Councilwoman McClanan advised as there are significant federal tax credits
entailing rehabilitated commercial property, it not essential to include
commercial property in this Ordinance.
ITEM # 32874
Vice Mayor Fentress distributed an illustration of proposed Chairs for the
Council Chamber and Conference Room. Said illustration is hereby made a part of
the record. The total cost would be approximately $9,130.00.
ITEM # 32875
Councilman Perry advised the City Staff went to Newlight and advised they were
going to close Fenton Street.
The City Manager will investigate.
- 9 -
ITEM # 32876
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was cal led to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui lding, on
Tuesday, May 29, 1990, at 5:25 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 10 -
ITEM # 32877
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees or employees pursuant to Section 2.1-344(A)
(1). To-wit: Boards and Commissions as listed in the Formal Agenda.
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Barbara M. Henley, Reba S. McClanan and John D. Moss
- 11 -
VIRGINIA BEACH CITY COUNCIL
May 29, 1990
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL In the Council Chambers, City Hall Building, on Tuesday, May
29, 1990, at 6:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McC[anan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: The Reverend Kelly J. Burris
Kempsville Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 12 -
Item V-D. 1.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 32878
Upon motion by Counciiman Moss, seconded by Councilman Heischober, City Council
AI)OPTED:
CERTIFICATION OF EXECUTIVE SESSION
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed i n Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motions convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, TBEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council voted to
proceed into EXECUTIVE SESSION to consider:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates
for employment, assignment, appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees, or employees
pursuant to Section 2.1-344(A) (1). To-wit: Boards and Commissions as listed in the
Fotmal Agenda.
VOTE: 8-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert E. None
Fentress, Harold Heischober, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
Wiiliam D. Sessoms
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None Barbara M. Henley, Reba S. McClanan
and John D. Moss
Council Members ABSENT for the Meeting:
None
th, CMC/AAE
City Clerk
- 13 -
item V-E.l.
MINUTES ITEM # 32879
Upon motion by Counci lwoman Parker, seconded by Vice Mayor Fentress, City
Council APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of May 21, 1990.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McCianan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
- 14 -
Item V-F-I
PRESENTATION ITEM # 32880
LABOR DAY COMMUNITY COORDINATION COMMITTEE
Andrew S. Fine, Co-Chair of the LABOR DAY COMMUNITY COORDINATION COWITTEE,
advised $12,700 In cash has been received with $8,800 in pledges. Three
meetings have been SCHEDULED within the next two weeks with some of the large
instltutions of the nation headquartered In this region.
tAr. Fine advised he had received a cash commitment tonlght, May 29, 1990, from
a constituent of Councilman Balko.
The Co-Chairs of the Sub Committees of the LABOR DAY COMMUNITY COORDINATION
COMMITTEE, are meeting tonight, May 29, 1990, with the Upton Estates Civic
League.
There are seven Public Forums SCHEDULED throughout the City of Virginia Beach.
The City Council requested an analysis c)f the other events conducted by the
City (Neptune Festival, Strawberry Festival, Shriners Convention) comparing
the direct and lnkind cost.
Item V-G.
CONSENT AGENDA ITEM # 32881
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
APPROVED in ONE MOTION Items 1, 2 and 4 of the CONSENT AGENDA.
Item 3 was pulled for a separate vote.
Voting: ii*-o
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
*Councilwoman Reba S. McClanan VERBALLY ABSTAINED on
Item V-G.4. as her son is a Summer Intern with the
firm of Shearson Lehman
Council Members Absent:
None
- 16 -
Item V-G. 1
CONSENT AGENDA ITEM # 32882
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Moss, City Counci I
ADOPTED:
Ordinance granting a franchise to Bilmarr
Enterprises, Inc., t/a Abbey Road Restaurant, re
open air/side street sidewalk cafe (203 22nd
Street); and, authorizing and directing the City
Manager to enter into a franchise agreement.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE GRANTING A FRANCHISE TO
2 BILMARR ENTERPRISES, INC.
3 ("GRANTEE") TO OPERATE AN OPEN
4 AIR/SIDE STREET SIDEWALK CAFE,
5 SUBJECT TO THE CONDITIONS CONTAINED
6 AND/OR REFERENCED HEREIN, AND
7 AUTHORIZING AND DIRECTING THE CITY
8 MANAGER TO ENTER INTO A FRANCHISE
9 AGREEMENT WITH THE GRANTEE
10 WHEREAS, the City has adopted regulations for the
11 operation of open air cafes on public property along the board-
12 walk, on stub street parks and on sidewalks of designated numbered
13 streets;
14 WHEREAS, Bilmarr Enterprises, Inc. (t/a Abbey Road
15 Restaurant) has submitted an application for the operation of an
16 open air/side street sidewalk cafe and has paid the application
17 fee;
18 WHEREAS, the representations made in the application
19 comply with the aforementioned regulations;
20 WHEREAS, City Council has been advised by the office of
21 the City Manager that the proposed cafe would have no detrimental
22 effects on the public health, safety, welfare, or interest.
23 NOW, THEREFORE, be it ordained by the Council of the
24 City of Virginia Beach, Virginia:
25 That a franchise is hereby granted to Bilmarr
26 Enterprises, Inc. to operate an open air/side street sidewalk cafe
27 at 203 22nd Street, Virginia Beach, Virginia 23451, from June 1,
28 1990 to May 31, 1991, conditioned on provision by the Grantee and
29 acceptance by the City of an approved final site plan, liability
30 insurance coverage, a security bond, the applicable franchise fee,
31 and on such other conditions as are required by the regulations
32 and the Franchise Agreement; and
33 That the City Manager is hereby authorized and directed
34 to enter into a Franchise Agreement with the Grantee subject to
35 the aforementioned conditions.
36 Adopted by the Council of the city of vir
37 Virginia, on the 29 day of May iggo. Af NTENTS
38 RMB/sam
39 bilmarr.ord
40 05/08/90
41 CA-90-3763 DEPARTM'INT
/,S TOI,rriAL
- 17 -
Item V-G.2
CONSENT AGENDA ITEM # 32883
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Moss, City Counci I
ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $581,106 within
the FY 1989-1990 Operating Budget of the Department
of Social Services to maintain placements for
foster children and continue mandated day care
payments.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, taayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Wi I I lam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRLATE FUNDS IN THE AMOUNT PARTMENT
2 OF $581,106 WITHIN THE Fy 89-90 OPERATING BUDGET OF THE DE
3 OF SOCIAL SERVICES IN ORDER TO MAINTAIN PLACEMENTS FOR
4 FOSTER CHILDREN AND TO CONTINUE DAY CARE PAYMENTS
5 WHEREAS, Foster care expenditures have increased by 71.2% in FY88/89 and
6 are expected to rise another 19.9% in FY89/90 because of the high cost of
7 residential treatment for severely emotionally abused children;
8 WHEREAS, Child day care expenditures for FY88/89 increased by 10.4% and
9 are expected to increase by 12.8% for FY89/90;
10 WHEREAS, the Department of Social Services currently projects a
11 shortfall of $581,106 for daycare and foster care payments;
12 WHEREAS, state funds are currently available to cover the increased
13 expenditures within the FY 89/90 Operating Budget of the Department of Social
14 Services;
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17 That funds in the amount of $581,106 be appropriated within the FY 89/90
18 Budget of the Department of Social Services and that the appropriate revenue
19 accounts be adjusted in order to maintain appropriate placements for foster
20 children and to continue mandated day care program payments.
21 This ordinance shall be in effect from the date of its adoption.
22 Adopted by the Council of the City of Virginia Beach, Virginia on the
23 29 day of May 1990.
FIRST READING: May 21, 1990
SECOND READING: May 29, 1990
- 18 -
Item V-G.3
CONSENT AGENDA ITEM # 32884
Michael Barrett, President - The Runnymede Corporation, represented the
applicant
D. Thad Fratalone, 3741 South Boulevard, Phone: 486-3801, representing the
Windsor Woods Civic League, spoke in OPPOSITION.
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance appointing viewers in the petition of The
Runnymede Corporation for the closure of a portion
of Walnut Street and Fourth Street (LYNNHAVEN
BOROUGH).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE APPOINTING VIEWERS
WHEREAS, The Runnymede Corporation has given due and proper
notice, in accordance with the statutes f or such cases made and
provided, that they will on the 29th day of May, 1990, apply to the
City Council of the City of Virginia Reach, Virginia, for the
appointment of Viewers to view the below-described property and
report in writing to the Council whether, in the opinion of said
viewers, any, and if any, what inconvenience would result from the
discontinuance of the hereinafter described portion of that certain
street of variable width, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, virginia:
THAT Robert J. Scott, C. Oral Lambert, Jr. and
David Grochmal &Rd
are hereby
appointed to view the below-described property and report in
writing to the council, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating of a portion of that certain street of
variable width located in the City of Virginia Beach, Virginia, and
more particularly described as follows:
Beginning on the east side of Walnut Street at a point on the
southwest corner of Block H at the eastern right of way of
Walnut Street; thence North 86' 541 0011 West, 66.01 feet to
a point; thence North 4' 221 1711 East, 452.66 feet to a point;
thence North 87' 181 48" West, 280.00 feet to a point; thence
North 41 221 17" East, 50.02 feet to a point; thence South 87'
181 4811 East, 280.00 feet to a point being the northwesterly
corner of the intersection of Walnut Street and Fourth Street;
thence North 4' 221 1711 East, 447.38 feet to a point; thence
North 73' 181 2811 East, 70.72 feet to a point; thence South
4- 22' 1711 West, 470.85 feet to a point being the
northeasterly corner of the intersection of Walnut Street and
Fourth Street; thence South 87' 181 4811 East, 280.00 feet to
a point; thence South 4* 221 17" West, 50.02 feet to a point;
thence North 87' 181 4811 West, 280.00 feet to a point being
the southeasterly corner of the intersection of Walnut Street
and Fourth Street; thence South 4' 221 1711 West, 453.14 feet
to the point of beginning.
All the above as shown upon that certain plat entitled "Street
Closure of Portions of Walnut Street and Fourth Street - Lynnhaven
Borough - virginia Beach, Virginia", which plat is attached hereto
and made a part hereof and intended to be recorded with the
ordinance closing the aforedescribed street.
Adopted: May 29, 1990
NOT=
PLEASE TAKE NOTICE, that at the meeting of the City Council
of the City of Virginia Beach, Virginia, to be held on the 29th
day of May, 1990' at 6:00 PM, at the City Hall of the City of
Virginia Beach, Princess Anne Station, the undersigned will
petition the Council. for the appointment of Viewers to view the
below-described portion of that certain street and report to the
city council whether in the opinion of the Viewers, what, if any,
inconvenience would result from the vacating, closing, and
discontinuance of same, the said portion of said street being
described as follows:
Beginning on the east side of Walnut Street at a point on the
southwest corner of Block H at the eastern right of way of
Walnut Street; thence North 86' 541 00" West, 66.01 feet to
a point; thence North 4' 221 17" East, 452.66 feet to a point;
thence North 87* 181 48" West, 280.00 feet to a point; thence
North 4* 221 1711 East, 50.02 feet to a point; thence South 870
181 4811 East, 280.00 feet to a point being the northwesterly
corner of the intersection of Walnut Street and Fourth Street;
thence North 40 221 17" East, 447.38 feet to a point; thence
North 73' 181 2811 East, 70.72 feet to a point; thence South
4 0 221 1711 West, 470.85 feet to a point being the
northeasterly corner of the intersection of Walnut Street and
Fourth Street; thence South 87' 181 48" East, 280.00 feet to
a point; thence South 4' 221 17" West, 50.02 feet to a point;
thence North 87' 181 48" West, 280.00 feet to a point being
the southeasterly corner of the intersection of Walnut Street
and Fourth Street; thence South 4' 221 1711 West, 453.14 feet
to the point of beginning.
At that time, anyone affected may appear and present his
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as the
matter may be placed on the agenda, the undersigned will Petition
the City Council to vacate, close, and discontinue that portion of
Walnut Street and Fourth Street in the City of Virginia Beach,
Virginia, described above.
THE RUNNYMEDE CORPORATION
rc
Of Counsel
Lewis Allen
Fine, Fine, Legum & Fine
5101 Cleveland Street
Virginia Beach, VA 23462
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET, KNOWN AS WALNUT STREET AND FOURTH STREET AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED, t'STREET CL4DSURE OF PORTIONS
OF WALNUT STREET AND FOURTH STREET, LYNNHAVEN BOROUGH - VIRGINIA
BEACH, VIRGINIAt', WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH,.VIRGINIA
Your Petitioner, The Runnymede Corporation, respectfully
represent as follows:
Beginning on the east side of Walnut Street at a point on the
southwest corner of Block H at the eastern right of way of
Walnut Street; thence North 86' 541 00" West, 66.01 feet to
a point; thence North 4' 221 1711 East, 452.66 feet to a point;
thence North 87' 181 4811 West, 280.00 feet to a point; thence
North 4' 221 17" East, 50.02 feet to a point; thence South 87'
181 4811 East, 280.00 feet to a point being the northwesterly
corner of the intersection of Walnut Street and Fourth Street;
thence North 4' 221 1711 East, 447.38 feet to a point; thence
North 73' 181 28" East, 70.72 feet to a point; thence South
40 221 1711 West, 470.85 feet to a point being the
northeasterly corner of the intersection of Walnut Street and
Fourth Street; thence South 87' 181 48" East, 280.00 feet to
a point; thence South 40 221 1711 West, 50.02 feet to a point;
thence North 87' 181 4811 West, 280.00 feet to a point being
the southeasterly corner of the intersection of Walnut Street
and Fourth Street; thence South 4' 221 1711 West, 453.14 feet
to the point of beginning.
1. That pursuant to the provisions of Section 15.1-364 of the
1950 Code of Virginia, as amended, the Petitioner applies for the
vacating, closing, and discontinuance of a portion of that certain
street, which is more specifically described as follows:
Said parcel of land being a portion of Walnut Street and
Fourth Street, as indicated on that certain plat entitled "Street
Closure of Portions of Walnut Street and Fourth Street - Lynnhaven
Borough - Virginia Beach, Virginia", which plat is attached hereto
and made a part hereof and intended to be recorded with the
ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons by reason
of said closing, vacation, and discontinuance of said street; and
the Petitioner prays that this Honorable Council appoint viewers
as provided by law to view said platted street proposed to be
closed and to report in writing to the Council on or before the
day of , 1990, as to whether in the opinion of
said viewers, what inconvenience, if any, would result from the
discontinuance and closing of this portion of said street, as
herein reported and described.
3. That on the 9th day of May, 1990 and on the 16th day of
May, 1990, notice of the piesenting of this application was
published in the Virginia Beach Sun, a newspaper of general
circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and adjacent
to and affected by said portion of the platted street are your
Petitioners herein, The Runnymede Corporation, P. 0. Box 62523,
5101 Cleveland Street, virginia Beach, Virginia.
Respectfully submitted,
THE RUNNYMEDE CORPORATION
Bv
Of Counsel
Lewis Allen
Fine, Fine, Legum & Fine
5101 Cleveland Street
Virginia Beach, VA 23462
F-TNE, FINE, 1,EGUM & FINE
@@RNB@S @T .........
I ... 1.71 ... I
... CERTIFICKTE OF VESTING OF TITLE
I, Lewis Allen, attorney for The Runnymede Corporation, do
hereby certify that:
1. I am an attorney at law and represent The Runnymede
Corporation, the petitioner.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia,
then title to said property will vest in The Runnymede Corporation,
the adjacent landowners.
The said property referred to herein is hereby described as
follows:
Beginning on the east side of Walnut Street at a point on the
southwest corner of Block H at the eastern right of way of
Walnut Street; thence North 861 541 0011 West, 66.01 feet to
a point; th.ence North 41 221 1711 East, 452.66 feet to a point;
thence North 871 18' 4811 West, 280.00 feet to a point; thence
North 4' 221 1711 East, 50.02 feet to a point; thence South 87'
181 4@ll East, 280.00 feet to a point being the northwesterly
corner of the intersection of Walnut Street and Fourth Street;
thence North 41 221 1711 East, 447.38 feet to a point; thence
North 731 181 2811 East, 70.72 feet to a point; thence South
4- 221 1711 West, 470.85 feet to a point being the
northeasterly corner of the intersection of Walnut Street and
Fourth Street; thence South 87' 181 4811 East, 280.00 feet to
a point; thence South 41 221 17" West, 50.02 feet to a point;
thence North 87' 181 4811 West, 280.00 feet to a point being
the southeasterly corner of the intersection of Walnut Street
and Fourth Street; thence South 4' 221 1711 West, 453.14 feet
to the point of beginning.
LEN
LA/kdm
AFF
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Lewis Allen, attorney for The Runnymede corporation, being
first duly sworn, deposes and states:
1. That I am an attorney at law and represent The Runnymede
corporation.
2. That on the 9th day of May, 1990, and on the 16th day of
May, 1990, notice of the presenting of the application to close a
portion of that certain street known as Walnut Street and Fourth
Street on behalf of The Runnymede Corporation, was published in the
Virginia Beach Sun, a newspaper of general circulation in the City
of Virginia Beach, Virginia.
And further the deponent saith not.
Subscribed and sworn to before me this al@ day of@
1990.
ommissioned as Kalhy D. WilVirig
c
otary Public
My commission expires:
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS Walnut Street &
Fourth Street, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "Street
Closure of Portions of Walnut Street and Fourth Street" WHICH PLAT
IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been
given by The Runnvmede Coriporation , that he/she would make
application to the Council of the City of Virginia Beach, Virginia,
on 29 1990, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed, and vacated:
Beginning on the east side of Walnut Street at a point on the
southwest corner of Block H at the eastern right of way of
Walnut Street; thence North 86@ 541 0011 West, 66.01 feet to
a point; thence North 4' 221 1711 East, 452.66 feet to a point;
thence North 87' 181 4811 West, 280.00 feet to a point, thence
North 4' 221 1711 East, 50.02 feet to a point; thence South 871
181 4811 East, 280.00 feet to a point being the northwesterly
corner of the intersection of Walnut Street and Fourth Street;
thence North 4' 221 1711 East, 447.38 feet to a point; thence
North 73' 181 2811 East, 70.72 feet to a point; thence South
4- 221 1711 West, 470.85 feet to a point being the
northeasterly corner of the intersection of Walnut Street and
Fourth Street; thence South 87' 181 4811 East, 280.00 feet to
a point; thence South 4' 221 1711 West, 50.02 feet to a point;
thence North 87' 181 4811 West, 280.00 feet to a point being
the southeasterly corner of the intersection of Walnut Street
and Fourth Street; thence South 4' 221 1711 West, 453.14 feet
to the point of beginning.
Said parcel of land designated as " Block E, F, G & H, Plat
of Rosemont " as indicated on that certain plat of property in
Virginia Beach, Virginia, which plat is to be recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
virginia, upon adoption of this ordinance, and is inade a part
hereof by reference.
SECTION II
A certified copy of this ordinance shall be filed in the
Clerk's office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virqinia Beach as
Grantor.
Adopted:
GPIN # This will change when resubdivision Plat is submitted.
Beginning on the east side of Walnut street at a point on the
southwest corner of Block H at the eastern right of way of
Walnut Street; thence North 86' 541 001, West, 66.01 feet tO
a point; thence North 4* 221 1711 East, 452.66 feet to a point;
thence North 87* 181 4811 West, 280-00 feet to a point; thence
North 4' 22' 1711 East, 50.02 feet to a point; thence south 87'
18f 4811 East, 280.00 feet to a point being the northwesterly
corner of the intersection of Walnut Street and Fourth street;
thence North 4. 221 1711 East, 447.38 feet to a point; thence
North 730 18' 28",East, 70.72 feet to a point; thence South
4. 221 1711 West, 470.85 feet to a point being the
northeasterly corner of the intersection of Walnut Street and
Fourth Street, thence South 87' 181 4811 East, 280.00 feet to
a point; then@e south 4* 221 1711 West, 50.02 feet to a point;
thence North 87' 181 4811 West,. 280.00 feet to a point being
the southeasterly corner of the intersection of Walnut Street
and Fourth Street; thence South 4* 221 1711 Wpst, 453.14 feet
to the point of beginning.
H-LI?OS
O.G)
18
GY1,Yl
aiiidavit Pubik .Notice
NOTICE
PLEASE TAKE NOITCE, that
at the meeting of the City Council
VIRGINIA BEACH SUN of the City of Virginia Bcach, Vir-
1024 Battlefield Blvd. ginia, to be held on the 29th day of
Chesapeake,Va.23320 May, 1990 at 6:00 p.m., at the
City Hall of the City of Virginia
Beach, Princess Anne Station, the
undersigned will petition the
Council for the appointment of
STATE OF.VIRGINIA Viewers,to view the below-de-
CFFYOFVIRGINIABEACH scribed porlion of that cemw sawt
to wit: ;..,,and report to the City Council
whether in the opinion of the
Viewers, what, if any, inconve-
nience would result from the vacat-
This day @6@14vit ing, closing, and disconfinuance of
same, the said portion of said stmet
personally appeared before
being described as follows:
Beginning on the east sidc of
mo and after being ouly Walnut Street at a point on the Virginia Beach, VA 23462
swom made oath that: southwest comer of Block H at the 19-6
ieastern right of way of Walnut 2t5-l6VBS
(1) (He) (She) is affidavit Sueet; thence North 861 54' 00"
West, 66.01 feet to a point; thence
clerk of a newspaper pub- North 4' 22' 17" East, 50.02 feet to
a point; thence North 871 18'48'
lished by Byerly Publica- West, 280-00 feet to a point, Lbence
tions, In the City Of Virginia SouLh 87' 18'48' East, 280.00 feet
to a point being Lhe northwesterly
Beach, State of Virginia; comer of the in@tion of Walnut
Street and Fourth Stmet@ thence
(2) That the advertisament North 4* 22' 17" East, 447'.38 feet
to a poin@ thence North 73- 18- 28"
hereto annexed of V ri4@,
East, 70.72 feet to a point; thence
South 4' 22' 17' West, 470.85 feet
to a,point being the norlheasterly
has bee@ puolished, in said comer of Lhe inw=don of Walnut
newspaper on the following Street and Fourth Stmet; thence
Soutil 871 18'48' East, 280.00 fera
dates: to a point; thence South 4* 22' 17" i:
West, 50.02 feet to a poinl; thence
North 871 18' 48' West, 280.00
feet to a point being the soulheast-
erly corner of the intersection of
Walnut Street and Fourth Strect;
thcnce South 41 22' 17- West,
453.14 fect to the point of begin-
ning.
At that time, anyone affected
may app= and present his views.
-r@ Affiant After the report of the Viewers is
Sub@cdbed and sworn to r=ived, at the next regular meeting
of the City Council, or as soon
before Me in my city and thercafter as the.matter may be
placed on th
e agenda, the under-
state aforesaid this signed will petition the City
day of. Council to vacate, close, and dis-
continue that portion of Walnut
My con Street and FourLh Street in the City
of Virginia Beach, Virginia, de-
@bed abovc.
THE RUNNYMEDE CORPO-
RAIION
By Lewis Aften
Of Counsel
ta y Public Lewis Aflen
Fine, Fine, Legum & Fine
5101 Cleveland SUML
THE RUMYMEDE CORPORATION
Closure of Walnut Street
Closure of Fourth Street
Lynnhaven Borough
- 19 -
Item V-G.4
CONSENT AGENDA ITEM # 32885
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Moss, City Counci I
ADOPTED:
Ordinance authorizing Tax Refunds In the amount of
$1,097.08 upon appl ication of certain persons and
upon certlfication of the City Treasurer for
payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
Councilwornan Reba S. McClanan VERBALLY ABSTAINED on Item V-G.4. as her son Is a
Summer Intern with the firm of Shearson Lehman
FORM NO. C.A. 7 5/8/90 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Da!e Penalty lnt. Total
Year of Tax Number tion No. pa id
Shearson Lehman Mortgage 87 RE(1/2) 42602-0 12/5/86 2.00
Shearson Lehman Mortgage 87 RE(2/2) 42602-0 6/5/87 2.00
SheArion Lehman Mortgage 88 RE(1/2) 44307-3 12/5/87 2.19
Shearson Lehman Mortgage 88 RE(2/2) 44307-3 6/5/88 2.19
Shearson Lehman Mortgage 89 RE(1/2) 45748-6 11/30/88 2.29
Shearson Lehman Mortgage 89 RE(2/2) 45748-6 6/5/89 2.29
Shearson Lehman Mortgage 90 RE(1/2) 46505-5 12/5/89 2.45
Bel-Aire Inc. 89 RE(1/2) 8077-5 12/5/88 377.57
Bel-Aire Inc. 89 RE(2/2) 8077-5 6/5/89 377.57
Mark Carne 88 pp 31718-2 9/25/89 326.53
Total 1,097.08
This ordinance shall be effective from date of adoption.
The above abatement(s@ totaling to
$1,097.08 were approved by
the Council of the City of Virginia
Beach on the 2-9 day of May, 1990
j-09 T. Otkil
Approved as to form:
Ruth 4odges Smith
City Clerk
Leslie L. Lilley, C
- 20 -
Item V-H.l.
PUBLIC HEARING
PLANNING ITEM # 32886
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) HARRY SANDLER CHANGE OF ZONING
(b) BOOTH HILL CENTER VENTURE CONDITIONAL USE PERMIT
(c) ARNOLD HECHT CONDITIONAL USE PERMIT
(d) RONALD M. KRAMER CONDITIONAL USE PERMIT
(e) LASSITER & ASSOCIATES CONDITIONAL ZONING
CLASSIFICATION
(f) VIRGINIA ELECTRIC AND POWER COMPANY CONDITIONAL USE PERMIT
(g) CHARLES W. AND EMILY E. GROOVER VARIANCE
(h) F. D. REID CONDITIONAL USE PERMIT
(1) STAR ENTERPRISE CONDITIONAL USE PERMIT
(j) AMEND Master Street and Highway ADDING a major North-South
Plan of the City of Virginia Beach arterial running from the
terminus of London Bridge Road
AND,
DELETING the proposed four-lane
undlvlded hlghway running along
the northwest side of the
Christopher Farms Subdivision
(k) CITY ZONING ORDINANCE AMEND and REORDAIN Article 5,
Section 504 re sign regulations
In resldential zoning districts
- 21 -
Item V-H.l.a.
PUBLIC HEARING
PLANNING ITEM # 32887
Richard Grimstead, 2102 Mediterranean Avenue, Phone: 422-4791, represented the
applicant
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED an Ordlnance upon application of HARRY SANDLER for a Change of
Zoning District Classification:
ORDINANCE UPON APPLICATION OF HARRY SANDLER FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12
TO RT-3 Z05901284
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon appl ication of Harry Sandler for a
Change of Zoning District Classification from A-12
Apartment District to RT-3 Resort Tourist District
at the northwest corner of Pacific Avenue and 16th
Street on Lots 1, 3 and 5, Block 23, Virginia Beach
Development Company. The parcels are located at
1608 Pacific Avenue and 305 16th Street and contain
21,000 square feet. VIRGINIA BEACH BOROUGH.
The following condition shall be required:
1. Compliance with the Comprehensive Plan.
This Ordinance shal I be effective In accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Counc 1 1 of the C I ty of V i rg I n i a Beach, V i rg i n I a, on the Twenty-
ninth of May, Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 22 -
Item V-H.l.b.
PUBLIC HEARING
PLANNING ITEM # 32888
Michael Resh, represented the applicant
Upon motion by Counci lwoman McCianan, seconded by Counci lman Perry, City
Council DEFERRED two weeks until the City Council Session of June 11, 1990, an
Ordinance upon application of BOOTH HILL CENTER VENTURE for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF BOOTH HILL CENTER
VENTURE FOR A CONDITIONAL USE PERMIT FOR A
COMMERCIAL RECREATION CENTER OF AN INDOOR NATURE
(pool hall)
Ord I nance upon app I i cat I on of Booth H i I I Center
Venture for a Conditional Use Permit of a
commerclal recreation center of an Indoor nature
(pool hall) on the west side of General Booth
Boulevard at the western terminus of Dam Neck
Station Road. The parcel is located at 1485 General
Booth Boulevard and contains 8 acres. More detailed
Information Is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
This DEFERRAL will enable consultation with the partners relative the condition
of Closing at 12:00 Midnight.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William 0.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 23 -
Item V-H.I.c.
PUBLIC HEARING
PLANNING ITEM # 32889
The following registered in SUPPORT of the application:
Michael Myers, 613 Ben Bow Drive, Associate Broker with S. L. Nusbaum Realty
Company
William Freed, 5267 Greenwich Road, Phone: 499-5553, represented the applicant
Art Pittman, 5024 Glenwood, Way, Phone: 471-7421, registered but did not speak.
Charles Daniels, 5605 Plowshare, Phone: 460-1632, registered but did not speak.
Upon motion by Councilman Heischober, seconded by Councilman SeSSOM5, City
Council ADOPTED an ordinance upon application of ARNOLD HECHT for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF ARNOLD HECHT FOR A
CONDITIONAL USE PERMIT FOR A BINGO HALL R05901300
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Arnold Hecht for a
Conditional Use Permit for a bingo hall on certain
property located on the east side of Baker Road,
175 feet north of Newtown Road. The parcel contains
1.96 acres. More detailed Information Is available
In the Department of Planning. BAYSIDE BOROUGH
The following condition shall be required:
1. The application shall be In compliance with the
site plan presented to City Council on May 29,
1990.
This Ordinance shall be effective In accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the t -
ninth of May, Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
.... .. ....
uio
v (9
- 24 -
Item V-H.I.d.
PUBLIC HEARING
PLANNING ITEM # 32890
Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the
applicant, Mr. Salle' referenced letter of W. J. Green who advised he no
longer OPPOSED the application (Said letter is hereby made a part of the
record.
Upon motion by Councliman Moss, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of RONALD M. KRAMER for a Conditional Use
Permit for automobile repairs:
ORDINANCE UPON APPLICATION OF RONALD M. KRAMER FOR
A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIRS
(SALES AND INSTALLATION OF TIRES) R05901301
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ronald M. Kramer for
a Conditional Use Permit for automobile repairs
(sales and installation of tires on the north side
of Indian River Road, 405 feet east of Kempsville
Road. The parcel contains 33,976.8 square feet.
More detailed information is available in the
Department of Planning. KEMPSVILLE BOROUGH
The following conditions shall be required:
1. Access to the property shall be via the existing
curb cut serving the Acredale Business Park
2. There shall be no outside storage of vehicles
during non-business hours.
3. All repairs shall be made inside the building. No
outside repairs or storage of auto parts will be
allowed.
4. The applicant shall work with the City Arborist in
developing the final site plan to save the existing
pecan tree located on this site.
5. This site is approved for light automobile repair
uses only as permitted at automobile service
stations and defined in Section Ill of the City
Zoning Ordinance under the definition of
"automobile service station".
6. The applicant shall provide testing of present
functioning of on-site BMPs by checking monitoring
wells to ensure their effectiveness.
7. Perimeter parking lot landscaping shall be
installed along the frontage of this site on Indian
River Road.
8. All parking related to this proposed automobile
repair facility shall be accommodated on-site.
Overflow parking along the access road will not be
permitted.
9. The entrance shown on' the northwest side of the
site, to the Crestar property, shall be eliminated.
The applicant shall work with Traffic Engineering
during detailed site plan review to determine if it
can be relocated to the southwest side of the
property.
- 25 -
Item V-H.I.d.
PUBLIC HEARING
PLANNING ITEM # 32890 (Continued)
This Ordinance shal I be effective In accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
ninth of May, Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 26 -
Item V-H.l.e.
PUBLIC HEARING
PLANNING ITEM # 32891
Attorney Richard H. Doummar, represented the applicant
J. Randall Royal, Vice President - Engineering Services, Inc. - Architect for
the Project
Rocca Lassiter, President - Lassiter and Associates, Inc.
Rosanne Hinshaw, 1523 Oak Knoll Lane, Phone: 467-8570, spoke in OPPOSITION
Upon motion by Councilman Sessoms, seconded by Councilman Perry , City Cuncil
ADOPTED Ordinances upon application of LASSITER AND ASSOCIATES for a
Conditional Zoning Classification and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LASSITER AND
ASSOCIATES FOR A CONDITIONAL ZONING CLASSIFICATION
FROM A-12 TO B-2 Z05901285
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lassiter and
Associates for a Conditional Zoning Classification
from A-12 to B-2 on certain property located at the
southeast intersection of Lynnhaven Parkway and
Indian River Road. The parcel contains 3.124 acres.
More detailed information is available in the
Department of Planning. KEMSPVILLE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF LASSITER AND
ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE SERVICE STATION R05901302
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lassiter and
Associates for a Conditional Use Permit for an
automobile service station on certain property
located at the southeast intersection of Lynnhaven
Parkway and Indian River Road. Said parcel contains
3.124 acres More detailed information is available
in the Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. An agreement encompassing proffers shall be
recorded in the Clerk's Office of the Circuit
Court.
2. The applicant shall comply with the AMENDED site
plan presented during the City Council Session of
May 29, 1990. The term "dedication" has been
changed to "reservation" along Lynnhaven Parkway.
This correction has been initialed by the
applicant.
- 27 -
item V-H.l.e.
PUBLIC HEARING
PLANNING ITEM # 32891 (Continued)
This Ordinance shal I be effective In accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Counc I I of the C I ty of V i rg i n I a Beach, V i rg i n I a, on the t -
nlnth n Hundred and Ninety.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McCianan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
IIAMESFORE) DRIVE
3t
CQ
C/)
0.
0
c,)
LLI
cc
z
z
z
w
0
z
w
Fff 1
F@
z
IL
U)
,U
1-
I I
----g
@; @ i
t
X
i
,@ I
F-
11
I
I
I
TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
CITY OF VIRGINIA BEACH
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND COWITIONS
made this 24th day Of April, 1990, by and between LAS$ITER &
Virginia corporation, title holder,
ASSOCIATES, INC., a and the CITY OF VIRGINIA
hereinafter referred to as Gr-tors, Commonwealth of Virginia,
BEACH, a municipal Corporation Of the
hereinafter referred to as Grantee;
WITNESSETH:
WHEREAS, the Grantors have initiated an amendment to the
of the City Of Virginia Beach, Virginia, by petition
zoning MaP s to change the
of the Grantors addressed to the Grantee, so a
classification Of the Grantor's property (hereinafter referred to
from A-12 to B-2 Limited Community BuSiness
as the Property) rty containing 3.124 acres more or less,
District on certain prope @ay and Indian
t corner of Lynnhaven Park
located at the southeas f Virginia Beach, g-erally known as Lot
River Road, in the City 0 itled, Gum Swamp, which plat
1B, as shown on that certain Plat ent
is duly recorded in the Clerk's Office (5f the Circuit Court of
the City of Virginia Beach in Map Book 39, at page 19. it being
the property acquired by the Grantors by deed recorded in the
aforesaid Clerk's office in Deed Book 1655, at page 72;
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various Purposes including
residential and limited commercial purposes, through zoning and
other land development legislation; and
WHEREAS, the Grantors acknowledge that the two
classifications concerned could be in conflict but submits however
that under given circumstances they can be compatible. In order
to gain permission for the differing use on the area of the
property the Grantors recognize the need to protect the community
from possible effects of the change by accepting the imposition
of certain reasonable conditions not generally applied to B-2
Zoned but which will govern the use of the property in this case;
and
WHEREAS, the Grantors have voluntarily proffered in writing
in advance of and prior to the public hearing before the Grantee,
as part of the proposed amendment to the Zoning Map, in addition
to the regulations provided for the B-2 zoning district by the
Comprehensive zoning ordinance, the following reasonable
conditions. it is intended that these conditions relating to the
physical development and operation of the property to be adopted
as a part of the amendment to the Zoning Map relative to the
property, which has a reasonable relation to the rezoning and the
need for which is generated by the rezoning; and
WIiEREAS, said conditions have been prof f ered by the Grantors
and allowed and accepted by the Grantee a-s T)art of the amendment
to Zoning Ordinance, such conditions shall continue in fu@l force
and effect until a subsequent amendment changes the zonind on the
property; provided, however, that such conditions shall continue
despite a subsequent amendment, if the subsequent amendment is
part of the comprehensive implementation of a new or substantially
revised zoning ordinance, unless, notwithstanding the foregoing,
these conditions are amended or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, and executed by the record owner of
the property at the time of recordation of such instrument;
provided, further that such instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an
ordinance or resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of Code of Virginia, Section 15.1-431,
which said ordinance or resolution shall be recorded along with
such instrument as conclusive evidence of such consent;
NOW, THEREFORE, the Grantors, for themselves, their heirs,
personal representatives, assigns, tenants, grantees, and other
successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body
and without any element of compulsion or quid pro quo for zoning,
use permit, rezoning, site plan, building permit, or subdivision
approval hereby makes the following declaration of conditions,
covenants, and restrictions as to the physical development and
operation of the property and governing the use thereof and hereby
declares that they shall be covenants and equitable se rv itudes
running with the property, which shall be binding upon the
property and upon all parties and persons claiming under, by or
through the Grantors, their heirs, personal representatives,
assigns, tenants, grantees and other successors in interest or
title, namely:
PROFFER 1: All outdoor lights shall be shielded to direct
light and glare onto the premises. Said lighting and glare shall
be deflected, shaded and focused away from all adjoining property.
PROFFER 2: Any business activity other than that of
convenience store and/or gas station will be restricted to hours
of business between 8:00 a.m. and 11:00 p.m.
PROFFER 3: The following uses shall not be permitted:
animal hospitals, veterinary establishments, pounds, shelters,
commercial kennels, auto service centers, and commercial parking
lots.
PROFFER 4: The site plan prepared by Engineering Services,
Inc., Civil Engineers and Land Surveyors, dated March 27, 1990,
entitied "Preliminary Site Plan for Lynnriver Shoppes", and
drawing of rear elevation and gas station front and side, all of
d to the Virginia Beach CitY Council and
which has been exhibite ginia Beach Department Of Planning, shall
is on file with the Vir that there shall be coorldinatecl
be substantially adhered -@o SO n, parking layout@' access
development of the site in te-s of desig ite and adceSS tO
and traffic control and circulation within the s I
and ingress and egress from Tndian River RC)ad and Lynnhaven
Parkway reasonably acceptable to traffic engineering.
All references herein to the B-2 Districts and to the
requirements and regulations applicable thereto refer to the
Comprehensive zoning Orclinance of the CitY of Virginia Beach,
virginia, in force as of AuguSt 7, 1989, which is by this
reference incorporated herein.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia, shall be
vested with 411 necessary authority on behalf of the governing
body of the City of Virginia Beach to administer and enforce the
d restrictions, including (i)
foregoing cOnditiOns, covenants an with
the ordering in writing of the remedying of any noncompliance
such conditions, and (ii) the bringing of legal action or suit to
ensure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropri-@-
action, suit or proceedings (2) the failure to meet all conditions
shall constitute cause to deny the issuance of anv of the required
building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made
pursuant to the provisions of the City Code, the czo, or this
agreement, the Grantor shall petition to the governing body for
the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map
the existence of conditions attaching to the zoning of the
property on the map and that the ordinance and the conditions may
be made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department and they shall be recorded in the Clerk's office of the
Circuit Court of the City of Virginia Beach, virginia and indexed
in the name of the Grantor and Grantee.
WITNESS the following signatures and seals:
LASSITER & ASSOCIATES, INC.
B
nt
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, tO-Wit:
The foregoing instrument was acknowledged before melthisa@
day of April Rocco Lassiter, President, Laspiter
Associates, I
my commission expires:
- 28 -
item V-H.I.f-
PUBLIC HEARING
PLANNING ITEM # 32892
William H. Duls, Jr., Operations Superintendent - Virglnia Power, 4901 Princess
Anne Road, Phone: 671-3476
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of VIRGINIA ELECTRIC AND POWER
COMPANY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA ELECTRIC AND
POWER COMPANY FOR A CONDITIONAL USE PERMIT
R05901303
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Electric and
Power Company for a Conditional Use Permit for a
substation expansion on certain property located on
the south side of Greenwich Road, 82 feet east of
Business Park Drive. The parcel contains 6.433
acres. More detailed information Is available In
the Department of Planning. BAYSIDE BOROUGH
The following conditions shall be required:
1. A fence that will provide adequate security with
Category IV landscaping on the outside of the fence
Is required along the southern property line.
2. The existing vegetation, to Include that located on
the west property line, is to remain.
3. Category IV iandscape screening, or trees such as
already exist on the front fence, is to be
installed on the outside of the new fence adjacent
to Greenwich Road.
4. The drive-way Is to be paved In accordance with
standards and approved design by Public
Works/Engineering from the existing pavement of
Greenwich Road to the gate.
(Interior lot lines have already been vacated and the
BZA variance granted re allowable height of the fence
and existing pavement on Greenwich Road).
This Ordlnance shall be effective in accordance with Section
107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-ninth of Mav. Nineteen Hundred and Ninety.
- 29 -
Item V-H.I.f.
PUBLIC HEARING
PLANNING ITEM # 32892 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
Item .1. -
puBLIC HEARING
PLANNING ITEM # 32893
Charles W. Groover, 3396 Litchfield Road, Phone: 340-0897
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ApPROVED the application of CHARLES W. AND EMILY E. GROOVER for a Variance to
Section 4.4(e) of the Subdivision Ordinance which requires all lots created by
subdivision have direct access to a public street.
Application of Charles W. and Emily E. Groover for
a Variance to Section 4.4(e) for the Subdivision
Ordinance. The parcel is located on the north side
of Litchfield Road, 2800 feet west of Harris Road.
More detailed information is available in the
Department of Planning. LYNNIIAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 31 -
Item V-H.I.h.
PUBLIC HEARING
PLANNING ITEM # 32894
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and requested WITHDRAWAL.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of F.D. REID for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF F. D. REID FOR A
CONDITONAL USE PERMIT FOR AN AUTOMOBILE REPAIR
ESTABLISffl4ENT, A CAR WASH AND GASOLINE PUMPS IN
CONJUNCTION WITH A CONVENIENCE STORE
Ordinance upon application of F. D. Reid for a
Conditional Use Permit for an automobile repair
establishment, a car wash and gasoline pumps in
conjunction with a convenience store on the
southwest side of Independence Boulevard, 106.53
feet northwest of Tulip Drive. Said parcel contains
31,450 square feet. More detailed information is
available in the Department of Planning. BAYSIDE
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 32 -
ltem V-H.l.i.
PUBLIC HEARING
PLANNING ITEM # 32895
Attorney Robert Cromwell, Pembroke One, Phone; 499-8971, represented the
applicant
Bruce Gallup, Engineer with Gallup Surveyors and Engineers, represented the
applicant and presented the site plan.
John Maragon, 1114 York Lane, spoke in OPPOSITION.
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of STAR ENTERPRISE for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF STAR ENTERPRTSE FOR A
CONDITIONAL USE PERMIT FOR GASOLINE SALES AND A CAR
WASH IN CONJUNCTION WITH A CONVENIENCE STORE
R05901304
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Star Enterprise for a
Conditional Use Permit for gasoline sales and a car
wash in conjunction with a convenience store at the
southwest corner of Virginia Beach Boulevard and
North Lynnhaven Road. The parcel is located at 2901
Virginia Beach Boulevard and contains 33,362.6
square feet. More detailed information is available
in the Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Public restrooms shall be provided.
2. The applicant shall comply with the City's Sign
Ordinance. A Variance will not be requested
through the Board of Zoning Appeals.
3. The applicant shall comply with the AMENDED Site
Plan presented during the City Council Session of
May 29, 1990. On Lynnhaven Road a triangle island
shall be placed in the middle of the curb cut with
a right turn-in angle and a right turn-out angle,
"one way each way". There shall be no left turn on
North Lynnhaven Road.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
ninth of May, Nineteen Hundred and Ninety.
LU
ir
LU
fAD
\ I I
.1 t4-
I
- 33 -
Item V-H.I.i.
PUBLIC HEARING
PLANNING ITEM # 32895 (Continued)
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 34 -
Item V-H.l.i.
PUBLIC HEARING
PLANNING ITEM # 32896
A MOTION was made by Councilwoman Henley, seconded by Councilman Moss to DENY
the Ordinance to AMEND the Master Street and Highway Plan of the City of
Virginia Beach: ADDING a major North-South arterial running from the terminus
of London Bridge Road South to the current i,tersection of West Neck Road and
Princess Anne Road; AND, DELETING the proposed four-lane undivided highway
running along the Northwest side of the Christopher Farms Subdivision from
Holland Road to Princess Anne Road (future Ferrell Parkway).
A SUBSTITUTE MOTION was made by Councilwoman McClanan, to ADOPT the Ordinance
to AMEND the Master Street and Highway Plan of the City of Virginia Beach:
ADDING the major North-South arte,ial related to the portion northwest of
Princess Anne Road (Ferrel Parkway) up to Dam Neck and tentatively not
DELETING the portion over by Christopher Farms, DEFERRING the other portions
of the Amendment for further discussions.
Councilwoman McClanan WITHDREW her SUBSTITUTE MOTION to ADOPT.
Upon SUBSTITUTE MOTION by Councilwoman McClanan, seconded by Councilman Baum,
City Council DEFERRED until the City Council Session of June 4, 1990:
Ordinance to AMEND the Master Street and Highway
Plan of the City of Virginia Beach: ADDING a major
North-South arterial running from the terminus of
London Bridge Road South to the current
intersection of West Neck Road and Princess Anne
Road;
AND,
DELETING the proposed four-lane undivided highway
running along the Northwest side of the Christopher
Farms Subdivision from Holland Road to Princess
Anne Road (future Ferrell Parkway).
This DEFERRAL will enable a thorough explanation and justification of each
section of this Amendment by City Staff. Maps will be presented depicting an
accurate description of the proposed Amendments.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold lieischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 35 -
Item V-H.l.k.
PUBLIC HEARING
PLANNING ITEM # 32897
A Motion was made by Councilman Heischober, seconded by Councilman Sessoms to
ADOPT an Ordinance to AMEND and REORDAIN Article 5, Section 504 of the City
Zoning Ordinance re sign regulations in residential zoning districts.
Upon SUBSTITUTE MOTION by Councilwoman Parker, seconded by Councilman Moss,
City Council DEFERRED until the City Council Session of June 11, 1990:
Ordinance to AMEND and REORDAIN Article 5, Section
504 of the City Zoning Ordinance re sign
regulations in residential zoning districts.
This DEEERRAL will enable reevaluation in conjunction with the Landscape
Oridnances. The Ordinance will be modified to reflect concerns regarding
aesthetics, temporary signs and enforcement.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum and Harold Heischober
Council Members Absent:
None
- 36 -
Item V-I. 1.
ORDINANCES/RESOLUTION ITEM # 32898
Wallace L. Chandler, 101 66th Street, Phone: 422-5535, represented himself
The following registered in OPPOSITION:
Georgette Constant-Davis, 110 82nd Street, represented the President of the
North Virginia Beach Civic League.
John Pugh, 6612 Oceanfront Avenue, Phone: 425-6090
A MOTION was made by Councilman Balko, seconded by Councilwoman McClanan to
DENY an Ordinance authorizing temporary encroachment into a portion of the
right-of-way of 66th Street and Oceanfront Avenue to Wallace and Juanita
Chandler (LYNNHAVEN BOROUGH).
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Vice Mayor
Fentress, City Council ADOPTED:
Ordinance authorizing temporary encroachment into a
portion of the right-of-way of 66th Street and
Oceanfront Avenue to Wallace and Juanita Chandler
(LYNNHAVEN BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City at no expense to the City.
2. The owner agrees to keep the City free and harmless
of any liability as a result of the encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko and Reba S. McClanan
Council Members Absent:
None
**Councilman Sessoms DECLARED pursuant to Section 2.1-639.14G of the Code of
Virginia, although he is an employee of Central Fidelity Bank which holds a
deed of trust on the 12 adjacent lots to the parcel in question, he is able to
participate in the transaction fairly, objecively, and in the public interest.
Councilman Sessoms' letter of May 29, 1990, is hereby made a part of the
proceedings.
1 Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 RIGHT-OF-WAY OF 66TH
6 STREET TO WALLACE
7 CHANDLER AND JUANITA
8 CHANDLER, THEIR HEIRS,
9 ASSIGNS AND SUCCESSORS IN
1.0 TITLE
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent
14 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
15 amended, WALLACE CHANDLER AND JUANITA CHANDLER, THEIR heirs,
16 assigns and successors in title are authorized to construct and
17 maintain a temporary encroachment into the right-of-way of 66TH
18 STREET.
19 That the temporary encroachment herein authorized is
20 for the purpose of constructing and maintaining an existing one
21 story structure, concrete slab and sidewalk and that said
22 encroachment shall be constructed and maintained in accordance
23 with the City of Virginia Beach Public Works Department's
24 specifications as to size, aligrunent and location, and further
25 that such temporary encroachment is more particularly described
26 as follows:
27 An area of encroachment into a
28 portion of the City's right-of-way
29 known as 66th Street, on that
30 certain plat entitled: "SITE PLAN
31 OF LOT 6 BLOCK 15, CAPE HENRY,
32 SECTION-E (M.B. 1 P. 8 & 88)
33 LYNNHAVEN BOROUGH-VIRGINIA BEACH,
34 VIRGINIA FOR WALLACE CHANDLER SCALE
35 111 = 201 JANUARY 19, 1990 ROUSE-
36 SIRINE ASSOCIATES, LTD.," a copy of
37 which is on file in the Department
38 of Public Works and to which
39 reference is made for a more
40 Particular description.
41 PROVIDED, HOWEVER, that the temporary encroachment
42 herein authorized shall terminate upon notice by the City of
43 Virginia Beach to WALLACE CHANDLER AND JUANITA CHANDLER their
44 heirs, assigns and successors in title and that within thirty
45 (30) days after such notice is given, said encroachment shall be
46 removed from the City's right-of-way of 66th Street and that
47 WALLACE CHANDLER AND JUANITA CHANDLER, their heirs, assigns and
48 successors in title shall bear all costs and expenses of such
49 removal.
50 AND, PROVIDED FURTHER, that it is expressly understood
51 and agreed that WALLACE CHANDLER AND JUANITA CHANDLER, their
52 heirs, assigns and successors in title shall indemnify and hold
53 harmless the city of Virginia Beach, its agents and employees
54 from and against all claims, damages, losses and expenses
55 including reasonable attorney's fees in case it shall be
56 necessary to file or defend an action arising out of the location
57 or existence of such encroachment.
58 AND, PROVIDED FURTHER, that the party of the second
59 part agrees to maintain said encroachment so as not to become
60 unsightly or a hazard.
61 AND, PROVIDED FURTHER, that this ordinance shall not be
62 in effect until such time that WALLACE CHANDLER AND JUANITA
63 CHANDLER execute an agreement with the City of Virginia Beach
64 encompassing the aforementioned provisions.
65 Adopted by the Council of the City of Virginia Beach,
66 Virginia, on the -29 day of May 19 90
67 EEF:kg
68 3-22-90
69 CA-90-3679
70 (ordin\noncode\
71 APPROVED AS TO CON1'ENi
5 G-TUI,
DEPARTMENT
APPn',JVE-10 AS '2't'
LEGAL SUFFICIENCY
2
made this day of
THIS AGREEMENT
19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and WALLACE
CHANDLER and JUANITA CHANDLER, TT-@ HER-HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE, party of the second part.
W I T N E s S E T H:
That, WHEREAS, it is proposed by the party of the
second part to maintain the existing one-story structure and
concrete slab and sidewalk in the City of Virginia Beach; and
WHEREAS, in maintaining the existing one-story
structure and concrete slab and sidewalk, it is necessary that
the said party of the second part encroach into arortion of an
existing City right-of-way known as 66th Street; and said party
of the second part has requested that the party of the first part
grant a temporary encroachment to facilitate the existing one-
story structure and concrete slab and sidewalk within a portion
of the City's right-of-way known as 66th Street.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's right-of-way known
as 66th Street for the purpose of maintaining the existing one-
story structure and concrete slab and sidewalk.
it is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as 66th Street
as shown on that certain plat entitled:
"SITE PLAN OF LOT 6 BLOCK 15, CAPE HENRY,
SECTION-E (M.B. 1 P. 8 & 88) LYNNHAVEN
BOROUGH-VIRGINIA BEACH, VIRGINIA FOR WALLACE
CHANDLER SCALE 111=201 JANUARY 19, 1990 ROUSE-
SIRINE ASSOCIATES, LTD. , " a copy of which is
attached hereto as Exhibit "All and to which
reference is made for a more particular
description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as 66th Street by the party of the
second part; and that the party of the second part shall bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
2
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance ahd construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part agrees that no open cut of the public
roadway shall be allowed except under extreme circumstances.
Such exceptions shall be submitted to the Highway Division,
Department of Public Works, for final approval.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
3
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of one Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Wallace Chandler and Juanita
Chandler, the said party of the second part has caused this
Agreement to be executed by his signature and seal duly affixed.
Further, that the city of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its
city Clerk.
CITY OF VIRGINIA BEACH
By
city Manager
(SEAL)
ATTEST:
4
B
(SEAL)
ATTEST: @-PROVED AS TO CONTENT
DEPARTMENT
STATE OF VIRGINIA
CITY OF VTRGTNIA BEACH, to-Wit:
1, a Notary
Public in and for the City and State aforesaid, do hereby certify
that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA
BEACH, whose name is signed to the foregoing Agreement bearing
date on the day of lg_, has acknowledged
the same before me in mY City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My commission Expires:-
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of , 19 _, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Pubilc
my commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary Public
in and for the City and State aforesaid, do hereby certify that
WALLACE CHANDLER, wh(>se name is signed to the foregoing writing,
bearing date the /o/ 7@'I day of 1- x 1 1917@, has
acknowledged the same before me in my City and state aforesaid.
Given under my hand this day of
19
Notary Public-
my commission Expires:
6
STATE OF VIRGINIA
ciTy OF VIRGINIA BEACH, to-wit:
/ -/ /1, I a Notary Public
in and for the City and State aforesaid, do hereby certify that
JUANITA CHANDLER, whose name is signed to the foregoing writing,
bearing date the day of '1970, has
acknowledged the same before me in my City and State aforesaid.
this day of
Given under my hand
Notary PuDlIc
my comission Expires:
APPROVED AS TO
LEGAL SUFFICIENCY
7
LO
LIT7 i
vi
C.,, G ... d SI.d..
NV-700 OIZNV71V LLi
LLJ
uj
co
@Mld 03AO8dWiNn)
3nN3AV INO@-4NV3,)O (D
(D ui
CL
U-
ui ui LL
0- Li
<
L6 G
F-
0 uj ti
co
L 3,09
0
CL
0
0
C)
7n LLJ
'o,
0
z
o@zo
zo@
7z
iL
3,,l@pt.00 N
1 09
00
@it@ C>f
LESLIEL.LILLEY MUNICIPAL CENTER
Cl@ A@ORNEY VIRGINIA BEACH, VA 23456-@4
(W4) 427-4531
May 29, 1990
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to SS2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interest Act, SS2.1-
639.14(G), Code of Virginia, I make the following declaration:
1. The transaction for which I am executing this written
disclosure is the Council vote on the Chandler
encroachment application.
2. The nature of my personal interest is that I am an
employee of Central Fidelity Bank receiving a salary in
excess of $10,000.00 annually.
3. 1 am an employee of Central Fidelity Bank which holds a
deed of trust on the 12 adjacent lots to the parcel in
question.
4. I do not believe that Central Fidelity Bank will
realize a reasonably foreseeable direct or indirect
benefit, however I wish to disclose my relation to this
transaction.
5. Although the City Attorney has advised me that I am not
required to disclose this interest as it does not Meet
the criteria of a personal interest in the transaction
under the Conflict of Interest Act, I wish to disclose
his interest and declare that e
i. th. transac 10 a'r Y, 0 j@
Accordingly, I respectfully request that you record this
declaration in the official records of the City Council. I have
enclosed an opinion letter from Leslie L. Lilley, City Attorney,
which addresses this same matter.
Thank you for your assistance and cooperation in this
matter.
Sincerely,
W. I
Councilman
WDS/abe
enclosure
2
LESLIE L. LILLEY MUNICIPAL CENTER
CIW ATTORNEY VIRGINIA BEACH, VA 23456-9OD4
(8N) 4274531
May 29, 1990
Councilman W. D. Sessoms, Jr.
809 Greent:ree Arch
Virginia Beach, Virginia 23451
Re: Request for Conflict of Interest Act Opinion:
Chandler Encroachment Application
Dear Mr. Sessoms:
I am writing,in response to your request for an opinion as
to whether you may participate in discussions and vote on the
Chandler application for an encroachment into a portion of the
right-of-way of 66th Street and oceanfront Avenue.
Summarv Conclusion:
From my review of the Conflict of Interest Act and the
information provided by you as referenced below, I am of the
opinion that you have no person@i interest in the transaction of
the Virginia Beach City Council concerning the above-referenced
encroachment application and thus you may vote on this matter
without restriction. I have, however, set out the disclosure
requirements of SS2.1-639.14(G) should you desire to disclose any
relationship to the transaction and proceed to vote; and I have
also set forth the applicable provisions for abstention set forth
in SS2.1-639.14(E), should you choose not to vote.
I base the aforesaid conclusions on the following facts and
discussions.
Facts Presented:
Your request for an advisory opinion is generated by the
Chandler encroachment application which is currently scheduled on
the agenda for May 29, 1990. You have advised that your area of
concern with respect to the property is that your employer,
central Fidelity Bank, has previously held the deed of trust on
this lot as well as twelve adjacent lots. You have advised that
central Fidelity no longer holds the deed of trust on the
Chandler lot, but still holds deeds of trust on the adjacent
lots. central Fidelity has no continuing interest in the
Chandler lot and there is no foreseeable benefit or detriment to
the remaining lots from the proposed encroachment. The remaining
lots are at this point unimproved.
Issue:
Are you precluded from participating in the discussion and
voting on the above-referenced encroachment application because
of your employment by the bank?
Discussion.
I. licable Definition-.
A. City Council is a governmental agency, as it is a
legislativ6 branch of local government as defined in SS2.1-639.2
of the Virginia State and Local Government Conflict of Interest
Act.
B. You are an officer within the meaning of SS2.1-639.2 of
the above-referenced Act.
C. The application for encroachment to be voted on by City
council is a "transaction" as defined by the Act. The Act
defines a transaction as "any matters considered by
any ... governmental agency on which official action is taken or
contemplated." SS2.1-239.2.
D. "Personal interest" is defined in SS2.1-639.2 as being a
personal and financial benefit or liability which accrues to an
officer, employee, or to an immediate family member. The
interest exists by reason of one of five categories specified
therein, one of which is a sala@y paid or provided by a business
that exceeds $10,000.00 annually.
E. A "personal interest in the transaction" means a
personal interest, as defined above, in any matter considered by
an officer's agency. It is further defined in SS2.1-639.2 as
existing "when an officer ... has a personal interest in property
or a business... and such property [or) business... (i) is the
subject of the transaction or (ii) may realize a reasonably
foreseeable direct or indirect benefit or detriment as the result
of the agency considering the transaction."
II. Application of Definitions:
A. Personal IntE ransa tion test
In the facts you present, you have a "personal interest" in
a business based upon your salary received in excess of
2
$10,000.00 annually. However, the business is not the subject of
the transaction nor will it realize a reasonably foreseeable
direct or indirect benefit or detriment based on the subject
encroachment application.1 Therefore it is my opinion that you
do not have a personal interest in the transaction within the
meaning of the conflict of interest Act.
iii. Disclosure Reguirements of SS2.1-639-14 G
Based on the fact that you have no personal interest in the
Chandler encroachment application, you are not restricted in
voting as to that item. If you are concerned that your
employment may create some appearance of impropriety to those who
do not understand the Conflict of Interest Act, there are two
options available to you. You may either disclose the facts
presented herein and proceed to vote as to this transaction, or
you may abstain from voting and disclose any interest. Either of
these may diffuse any perception problems that may arise.
Enclosed, please find a written declaration forin, should you
decide to declare your interest. This disclosure form is based
on SS2.1-639.14(G). This section provides that you may either
make this declaration orally, which is to be recorded in the
written minutes of the City Council, or you may file a signed
written declaration with the Clerk of City Council, who shall
retain and make this document available for public inspection for
a period of five years from the date of recording or receipt.
If you should desire to abstain from voting, SS2.1-639.14(E)
provides that in such @nstances, the officer shall forthwith make
disclosure of the existence of his interest and his disclosure
shall be reflected in the public records for five years.
As a final note to any conflict of interest opinion, SS2.1-
639.18(c) provides that a written opinion of the City Attornev
made after a full disclosure of the facts, is advisory and
admissible as evidence that the local officer did not knowingly
violate the Act, while a favorable opinion of the Commonwealth's
Attorney as the enforcing officer of the COIA, provides immunity
I In circumstances where the effect of a transaction is
speculative, remote or contingent on factors beyond the officer's
control, it is not reasonably foreseeable that the officer's
personal interest will benefit or suffer as a result of the pending
transaction. Attorney General Opinion to the Honorable William F.
Parkerson, Jr. , Member, Senate of Virginia, dated February 2, 1987.
Additionally the test of reasonable foreseeability is to be applied
at the time of the transaction. COI Adv. Op. No. 6-AO5 (1986);
West v. Jones 228 Va. 409, 415 (1984).
3
from any alleged violation. if you choose to seek an opinion of
the Commonwealth's Attorney, I will be pleased to assist you in
that regard.
Please contact me should you desire any additional
information.
Very truly yours,
Le
City Attorney
Enclosure
LLL/abe
4
- 37 -
Item V-I.2.
ORDINANCES/RESOLUTION ITEM # 32899
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $1,189,788 as proceeds
from lease purchase re providing improvements for
the Oceanfront Resort Area communications.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
I AN ORDINANCE TO APPROPRIATE $1,189,788 AS
2 PROCEEDS FROM LEASE PURCHASE IN ORDER TO PROVIDE
3 IMPROVEMENTS FOR THE OCEANFRONT RESORT AREA COMMUNICATIONS
4 WHEREAS, the city has been gradually upgrading its communications system
5 since 1985 from VHF frequency to 800 MHz frequency;
6 WHEREAS, a third relay transmission site is required at the Oceanfront
7 Resort Area to ensure secured, continuous and uninterrupted communications;
8 WHEREAS, the cost of the third relay transmission site to be located on
9 the 29th Street water tank is estimated to be $1,189,788;
10 WHEREAS, funds in the amount of $1,189,788 can be provided from the
11 proceeds of a lease purchase agreement.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA, that funds in the amount of $1,189,788 be provided from proceeds
14 through a lease purchase agreement and be appropriated for the purpose of
15 installing a third communications relay transmission site at the Oceanfront
16 Resort Area.
17 Adopted the - day of _, 1990, by the Council of the City of
18 Virginia Beach, Virginia.
19 This ordinance shall be in effect from the date of its adoption.
20 First Reading: May 29, 1990
21 Second Reading:
- 38 -
Item V-I.3.
ORDINANCES/RESOLUTION ITEM # 32900
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Resolution providing health care coverage to
Virginia Beach City employees who retire prior to
age 65 with at least 25 years of service or on a
work related disability after 15 years of service.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
A RESOLUTION TO PROVIDE HEALTH CARE COVERAGE
TO VIRGINIA BEACH CITY EMPLOYEES WHO RETIRE
PRIOR TO AGE 65 WITH AT LEAST 25 YEARS OF
SERVICE EREBIT OR ON A WORK RELATED DISABILITY
AFTER 15 YEARS OF SERVICE
WHEREAS, the Mayor and a council Committee appointed by
Council desires to provide health care coverage to certain
retiring employees, and
WHEREAS, it is felt that these employees should,
through this coverage, be recognized for their many years of
service to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIR6INIA BEACH, VIRGINIA that City staff make provisions
to continue health care coverage to city employees who retire on
or after June 30, 1986 before age 65 with 25 or more years of
service, eredit and those who retire on a work-related disability
compensable under the Worker's Compensation Act on and after
January 1, 1990 with 15 or more years of service, through a
Health Maintenance organization, or other city sponsored health
plans until they reach age 65, on the same basis as coverage
provided to City employees.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 29 day of May 1990.
Revised 12/16/85
0 9 /14/ 87
0 3 /0 5 /90
- 39 -
ltem V-J. 1.
APPOINTMENTS ITEM # 32901
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
PUBLIC LIBRARY BOARD
- 40 -
Item V-J.2.
APPOINTMENTS ITEM # 32902
Upon NOMINATION by Councilman Heischober, City Council APPOINTED:
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Dr. Ronald Proctor
Term: 6/1/90 - 12/31/91
Mr. Warren A. McIntosh
Term: 6/1/90 - 12/31/92
Mr. Alfred W. Craft
Term: 6/1/90 - 12/31/92
Mr. William J. Fanney
Term: 6/1/90 - 12/31/93
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 41 -
Item V-K. 1.
UNFINISHED BUSINESS ITEM # 32903
ADD-ON
Councilman Baum referenced the Ordinance authorizing acquisition of property in
fee simple for right-of-way for Ferrell Parkway from El Camino Real Drive to
Sandbridge Beach, either by agreement or condemnation (ADOPTED by the Council
of the City of Virginia Beach on May 21, 1990).
Councilman Baum had previously forwarded VERBATIM Minutes of this Ordinance and
distributed a copy of a letter from the United States Department of the
Interior, Fish and Wildlife Service from Kenneth G. Lee, regarding the Back
Bay NatioDal Wildlife Refuge expansion proposal. Mr. Baum quoted the second
paragraph of said letter:
"Regarding the access issue for the construction of
the Ferrell Parkway, we recommend that the City of
Virginia Beach acquire the needed rights-of-way
before the Service purchases the lands over which
the parkway would pass."
This letter is hereby made a part of the record.
- 42 -
Item V-K.2.
UNFINISHED BUSINESS ITEM # 32904
ADD-ON
Councilwoman Parker referenced the Merger of the Southeastern Virginia Planning
District Commission with the Peninsula Planning District Commission and
distibuted a sheet itemizing the RECIONAL CONTRIBUTIONS DATA FOR SVPDC prepared
May 29, 1990.
Virginia Beach has 25.4% of the Population and contributes 31.3% of the total
operating cost, receiving only 17.5% of the vote. If the "weighted vote", based
on the amount of population were considered, the City should receive
approximately 10 votes out of a 40-vote base or 12.5 votes, if based on
contribution. Patricia Phillips, Director of Research and Strategic Analysis,
redesigned same so the smallest locality (Franklin) would have at least one
vote. Tn order to assure equal distibution a base of approximately 200 votes
would be derived.
The $700,000 surplus is still not addressed. Councilwoman Parker contacted the
Wasington Council of Government. Mr. John Bosley, legal counsel, advised Wash-
COG has a proportional representation based on population as is proposed by our
merger, but went one step further. In the monthly Board of Directors meeting,
if asked for by a single member, any budgetary item could be decided on a
"weighted vote" versus a simple majority. In addition, if three jurisdictions
request, any other matter may be decided on a "weighted vote". While this
process has been used very sparingly, it recognizes and protects the larger
localities.
Resolution relative the merger shall be SCHEDULED for the City Council agenda
of June 4, 1990.
- 43 -
Item V-K.3.
UNFINISHED BUSINESS ITEM # 32905
ADD-ON
Mayor Oberndorf referenced the MAYOR'S COMMITEE FIOR REAPPORTIONMENT. Mayor
Oberndorf advised the following have been contacted and agreed to serve:
Donald H. Clark
Herbert D. Taylor
Cyndy Bourquard
Deborah K. Stearns
Dr. Ronald E. Proctor
Crisanto D. Romero
E. Richard Cockrell, Jr.
The Honorable William H. Hodges
Council Member Albert W. Balko
Council Member John D. Moss
This Committee will study the current City Council size and apportionment. With
the soon to be completed Census and the reapportionment of the State
Legislature, objective decisions can be made in this matter utilizing the data
that will be available to the Committee.
- 44 -
Item V-M.l.
ADJOURNMENT ITEM 32906
Upon motion by Councilman Baum, City Council ADJOURNED the Meeting at 10:10
P.M.
(3@ @,, x@
Beverly 0. Hooks
Chief Deputy City Clerk
,Zuth Hod@es Smith, CMC Mey6ra Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia