SEPTEMBER 24, 1996 MINUTES
"WORLD'S LARGEST RESORT CITY
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH, III, Virginia Beach Borough
WILLIAM W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
REBA S. McCLANAN, Princess Anne Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
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JAMES K. SPORE, City Manager CITY COUNCIL AGENDA 2@J COURTffOUSE D@VE
LESLIE L. LILLEY, City Attorney VIRGINIA BEACII VIRGINIA 234@@5
RUTH HODGES SMITH, City Clerk (757@ 427 @"j
September 24, 1996
I. REVIEW OF AGENDA ITEMS - Conference Room - 4:30 PM
II. CITY COUNCIL CONCERNS
III. INFORMAL SESSION - Conference Room - 5:00 pH
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Fritz Stegemann
Open Door Chapel
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS September 10, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. RESOLUTION
1. Resolution to ratify the filing of an application to the
Virginia Public School Authority for a loan of $5,000,000 re
capital improvements for its public school system; and, ratify
the actions of the Director of Finance in collaboration with
other officers of the City and the City School Board.
J. ORDINANCES
1. Ordinance to AMEND and REORDAIN Section 25-5 of the City Code
extending the hours of operation for pawnshops and related
establishments.
2. Ordinance to abolish the Transportation Safety Commission;
and, REPEAL Section 21-13 of the City Code. (Requested by
Vice Mayor William D. Sessoms, Jr.)
3. Ordinance to authorize acquisition of property in fee simple
for construction of sewer and water projects, including
temporary and permanent easements, by agreement or
condemnation, in the following neighborhoods:
a. Elbow Road Sanitary Sewer Force Main (CIP 6-073)
(KEMPSVILLE/PRINCESS ANNE BOROUGHS)
b. Elbow Road Water Main (CIP 5-148)(KEMPSVILLE/PRINCESS
ANNE BOROUGHS)
c. Indian River Road - Ph. III Water Main (CIP 5-149)
(KEMPSVILLE BOROUGH)
d. Shell Road West Sanitary Sewer (CIP 6-025) (BAYSIDE
BOROUGH)
e. Wishart Cove Sanitary Sewer (CIP 6-042) (BAYSIDE BOROUGH)
4. Ordinances re Harbour Point Road Extended (CIP 2-218)
(LYNNHAVEN BOROUGH):
a. AUTHORIZE additional acquisition of property in fee
simple for temporary and permanent easements of right-of-
way, either by agreement or condemnation.
b. APPROPRIATE $255,000 from General Fund Balance re
acquiring additional right-of-way.
5. Ordinances re First Colonial Road - Phase III (CIP 2-833) and
Oceana Boulevard widening (CIP 2-002) (LYNNHAVEN AND PRINCESS
ANNE BOROUGHS):
a. Authorize acquisition of property in fee simple for
temporary and permanent easements of right-of -way, either
by agreement or condemnation on the North/South ends.
b. Establish Oceana Boulevard widening project in the
Capital Improvement Program; and, APPROPRIATE $300,000
from the General Fund Balance for design purposes.
6. Ordinance to APPROPRIATE $1,733,850 from the General Fund
Balance and $111,264 from the retained earnings of the Water
and Sewer Fund for the FY 1996-1997 gainsharing program.
7. Ordinance to ACCEPT and APPROPRIATE $100,000 additional
revenue from the Federal Emergency Management Agency (FEMA) to
the Fire Department's FY 1996-1997 Operating Budget for all
incurred costs associated with the response of the FEMA Urban
Search and Rescue Team, Virginia Task Force No. 2, to
Hurricane Fran in North Carolina.
8. Ordinance to APPROPRIATE $8,500 from the Francis Land House
Board of Governors Trust Fund re interior restoration,
operating and programming expenses of the Francis Land House.
9. Ordinances to authorize License Refunds in the amount of
$57,345.22.
10. Ordinance to authorize Tax Refunds in the amount of $1,455.90.
K. PUBLIC HEARING - PLANNING 7:00 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. NO ACTION ITEMS - Deferred by Planning Commission for 30-Days
a. Applications of USA ENTERTAINMENT, L.C., on the South
side of Dam Neck Road beginning at a point 2800 feet more
or less West of Corporate Landing Parkway, containing 14
acres (PRINCESS ANNE BOROUGH):
(1) Conditinnal Change of Zoning District
Classification from AG-1 Agricultural District to
Conditional B-2 Community Business District.
(2) Conditional Use Permit for a commercial recreation
facility (sports facility).
b. Applications of ROLLINGWOOD, L.L.C., at the Southeast and
Northeast intersection of Holland Road and Ferrell
Parkway (2400 Holland Road), containing 101 acres, more
or less (PRINCESS ANNE BOROUGH):
(1) Change of Zoning District Classification from AG-1
and AG-2 Agricultural Districts to R-7.5
Residential District.
(2) Conditional Use Permit for a private school
2. Application of KATHARINE BYRD MILLER for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires all newly
created lots to meet all requirements of the City Zoning
Ordinance at 1901 Channel Points Lane (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
3. Application of OIL EQUIPMENT PROPERTIES for a Conditfnnal Use
Permit for a 3-bay automatic carwash facility on the West
side of Independence Boulevard, North of Tulip Drive (1641
Independence Boulevard), containing 15,781.7 square feet
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
4. Application of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH
for a Conditional Use Permit for a church addition on the
North side of Princess Anne Road, West of Curry Comb Court
(2708 Princess Anne Road), containing 6.328 acres (PRINCESS
ANNE BOROUGH).
Recommendation: APPROVAL
5. Application of CHARLES H. DAWSON for a Conditional Use Permit
for a home occupation (pre-school) on the North side of North
Landstown Road, 1350 feet more or less East of Salem Road
(3708 North Landstown Road), containing 5.622 acres (PRINCESS
ANNE BOROUGH).
Recommendation: APPROVAL
6. Application of CATHOLIC DIOCESE OF RICHMOND - ST. GREGORY'S
CATHOLIC CHURCH for a Conditional Use Permit for a church
expansion (Center for the Hispanic Ministry) on the West side
of Clearfield Avenue, 590.81 feet South of Virginia Beach
Boulevard (269 Clearfield Avenue), containing 10,875 square
feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
7. Application of C & C DEVELOPMENT, L.L.C., for a Change of
Zoning District Classification from R-7.5 Residential District
and B-2 Community Business District to Conditional B-1
Neighborhood Business District at the Southeast corner of
Newtown Road and Connie Lane, containing 1.53 acres (BAYSIDE
BOROUGH).
Deferred: August 27, 1996
Recommendation: APPROVAL
8. Application of ALLEN L. PYLE/BIRDNECK POINT COMMONS, L.C., for
a Change of Zoning District Classification from B-1
Neighborhood Business District to B-1A Limited Community
Business District on the South side of Laskin Road, West of
Birdneck Road (1201 Laskin Road), containing 1.23 acres
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
9. Application of VIRGINIA BEACH FEDERAL SAVINGS BANK for a
Change of Zoning District Classification from I-1 Light
Industrial District to B-2 Community Business District on the
South side of Greenwich Road, 150 feet more or less East of
Newtown Road (5792 Greenwich Road), containing 1.13 acres
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
10. Applications of the CITY OF VIRGINIA BEACH:
a. Ordinance in the petition for the discontinuance, closure
and abandonment of a portion of Virginia Place beginning
at the Eastern boundary of Washington Avenue, running in
an Easterly direction 160.78 feet along the Northern
property line, containing 6316 square feet (LYNNHAVEN
BOROUGH).
Recommendation: APPROVAL
b. Ordinance in the petition for the discontinuance, closure
and abandonment of a 20-foot alley located between
Virginia Beach Boulevard and 18th Street, beginning at
the Western boundary of Parks Avenue and running in a
Westerly direction 361.06 feet along the Northern
property line, containing 7248 square feet (LYNNHAVEN
BOROUGH).
Recommendation: APPROVAL
c. Conditional Use Permit for a 125-foot monopole antenna
tower on the West side of Bendix Road beginning at a
point 800 feet more or less South of Bonney Road,
containing 30,927.6 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
d. AMEND and REORDAIN Section 4.1 of the Site Plan Ordinance
re number of plans that must be submitted to the City for
site plan review.
Recommendation: APPROVAL
e. AMEND and REORDAIN Section 6.3 of the Subdivision
Ordinance re additional information required on final
plats.
Recommendation: APPROVAL
L. APPOINTMENTS
AGRICULTURAL ADVISORY COMMISSION
PUBLIC LIBRARY BOARD - STUDENT
REVIEW AND ALLOCATION COMMITTEE (COIG)
SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP)
WETLANDS BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. VIRGINIA MUNICIPAL LEAGUE (VML)
Certification of Voting Delegates
1996 Conference - October 20-22
O. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
09/19/96BAP
AGENDA\09-24-96.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 24, 1996
Mayor Meyera E. Oberndorf called to order the REVIEW OF AGENDA ITEMS for the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, September
24, 1996 at 4:30 P.M.
Council Members Present:
John A Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa K. Strayhorn
Council Members Absent:
None
- 2 -
AGENDA REVIEW SESSION
4:30 P.M.
ITEM # 41213
The City Clerk advised the Resolution re First Colonial Road, Phase III/Oceana Boulevard widening
was inadvertently omitted from listing on the Agenda.
J5c Resolution to authorize location and major design features of
the project; that the City will design and construct as a City -
funded project, Oceana Boulevard widening - - from Oceana
NAS main gate to Virginia Beach Boulevard; acquire all
rights-of-way; and execute all necessary agreements in
acquisition of such rights-of-way.
Council Lady McClanan inquired if the improvement on General Booth is a part of this item. The City
Manager advised this would include only that portion which reroutes traffic over to Prosperity and out
to a signal at General Booth. Council Lady McClanan advised Ralph Smith and John Herzke had
indicated during the Briefing the closing of the median at Boothe Hill Shoppes will be a part of this
project. Mr. Herzke advised Boothe Hill Shoppes will still have a median opening. The Shopping Center
right next to them does not have a median opening, but is on the merge of Oceana Boulevard coming into
General Booth and they will have direct access. That merge will be eliminated, because Oceana will
come in at Prosperity. The median which is the northbound left turn from General Booth on to Oceana
Boulevard will close. The existing median at Boothe Hill Shoppes will not close.
ITEM # 41214
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
RESOLUTIONS/ORDINANCES
I.1 Resolution to ratify the filing of an application to the Virginia
Public School Authority for a loan of $5,000,000 re capital
improvements for its public school system; and ratify the
actions of the Director of Finance in collaboration with other
officers of the City and the City School Board.
J.1 Ordinance to AMEND and REORDAIN Section 25-5 of the
City Code extending the hours of operation for pawnshops
and related establishments.
J.2 Ordinance to abolish the Transportation Safety Commission;
and, REPEAL Section 21-13 of the City Code. (Requested by
Vice Mayor William D. Sessoms, Jr.)
J.3 Ordinance to authorize acquisition of property in fee simple for
construction of sewer and water projects, including temporary
and permanent easements, by agreement or condemnation, in
the following neighborhoods:
a. Elbow Road Sanitary Sewer Force Main (CIP 6-073)
(KEMPSVILLE/PRINCESS ANNE BOROUGHS)
b. Elbow Road Water Main (CIP 5-148)(KEMPSVILLE/
PRINCESS ANNE BOROUGHS)
c. Indian River Road - Ph. III Water Main (CIP 5-149)
(KEMPSVILLE BOROUGH)
d. Shell Road West Sanitary Sewer (CIP 6-025) (BAYSIDE
BOROUGH)
e. Wishart Cove Sanitary Sewer (CIP 6-042) (BAYSIDE BOROUGH)
September 24, 1996
- 3 -
AGENDA REVIEW SESSION
ITEM # 41214 (Continued)
J.4 Ordinances re Harbour Point Road Extended (CIP 2-218)
(LYNNHAVEN BOROUGH):
a. AUTHORIZE additional acquisition of property in fee simple
for temporary and permanent easements of right-of-way,
either by agreement or condemnation.
b. APPROPRIATE $255,000 from General Fund Balance re
acquiring additional right-of-way.
J.5 Ordinances re First Colonial Road - Phase III (CIP 2-833)
and Oceana Boulevard widening (CIP 2-002) (LYNNHAVEN
AND PRINCESS ANNE BOROUGHS):
a. Authorize acquisition of property in fee simple for temporary
andpermanent easements of right-of-way, either by agreement
or condemnation on the North/South ends.
b. Establish Oceana Boulevard widening project in the Capital
Improvement Program; and, APPROPRIATE $300,000 from
the General Fund Balance for design purposes.
c. Resolution to authorize location and major design features of
the project; that the City will design and construct as a City -
funded project, Oceana Boulevard widening - - from Oceana
NAS main gate to Virginia Beach Boulevard; acquire all
rights-of-way; and execute all necessary agreements in
acquisition of such rights-of-way.
J.6 Ordinance to APPROPRIATE $1,733,850 from the General
Fund Balance and $111,264 from the retained earnings of the
Water and Sewer Fund for the FY 1996-1997 gainsharing
program.
J.7 Ordinance to ACCEPT and APPROPRIATE $100,000
additional revenue from the Federal Emergency Management
Agency (FEMA) to the Fire Department's FY 1996-1997
Operating Budget for all incurred costs associated with the
response of the FEMA Urban Search and Rescue Team,
Virginia Task Force No. 2, to Hurricane Fran in North
Carolina.
J.8 Ordinance to APPROPRIATE $8,500 from the Francis Land
House Board of Governors Trust Fund re interior restoration,
operating and programming expenses of the Francis Land
House.
September 24, 1996
- 4 -
AGENDA REVIEW SESSION
ITEM # 41214 (Continued)
J.9 Ordinances to authorize License Refunds in the amount of
$57,345.22.
J10 Ordinance to authorize Tax Refunds in the amount of
$1,455.90.
September 24, 1996
- 5 -
AGENDA REVIEW SESSION
ITEM # 41215
Mayor Oberndorf referenced correspondence from a neighbor, Dorothy Becker-Pigott. Said
correspondence is hereby made a part of the record. Council Lady McClanan advised Charles Dawson
phoned advising of a compromise with his neighbor. The following shall be discussed during Formal
Session.
K.5 Application of CHARLES H. DAWSON for a Conditional Use
Permit for a home occupation (pre-school) on the North side
of North Landstown Road, 1350 feet more or less East of Salem
Road (3708 North Landstown Road), containing 5.622 acres
(PRNVCESS ANNE BOROUGH).
ITEM # 41216
The City Attorney advised the recommendation from the Staff, as title issues need to be resolved, is to
DEFER INDEFINITELY.
K.10.
a. Ordinance in the petition for the discontinuance, clonsure and
abandonment of a portion of Virginia Place beginning at the
Eastern boundary of Washington Avenue, running in an
Easterly direction 160.78 feet along the Northern property line,
containing 6316 square feet (LYNNHAVEN BOROUGH).
A N D,
Robert Scott, Director of Planning, advised the Army Corps of Engineers and the Virginia Department
of Environmental Quality have determined that a non-tidal wetland fringe exists on the site.
Consequently, a relocation of the proposed tower will be required. Prior to consideration by City
Council, a new site plan will be needed. Said memorandum is hereby made a part of the record.
c. Conditional Use Permit for a 125-foot monopole antenna
tower on the West side of Bendix Road beginning at a point
800 feet more or less South of Bonney Road, containing
30,927.6 square feet (KEMPSVILLE BOROUGH).
Council Lady McClanan advised she would be voting NAY on:
d. AMEND and REORDAIN Section 4.1 of the Site Plan
Ordinance re number of plans that must be submitted to the
City for site plan review.
Council Lady McClanan had hoped the site review process would have been improved
September 24, 1996
- 6 -
AGENDA REVIEW SESSION
ITEM # 41217
BY CONSENSUS the following items shall compose the PLANNING BY CONSENT AGENDA:
K2 Application of KATHARINE BYRD MILLER for a Variance
to Section 4.4(b) of the Subdivision Ordinance which requires
all newly created lots meet all requirements of the City Zoning
Ordinance at 1901 Channel Points Lane (LYNNHAVEN
BOROUGH).
K3 Application of OIL EQUIPMENT PROPERTIES for a
Conditional Use Permit for a 3-bay automatic car wash facility
on the West side of Independence Boulevard North of Tulip
Drive (1641 Independence Boulevard), containing 15,781.7
square feet (BAYSIDE BOROUGH).
K4 Application of COURTHOUSE COMMUNITY UNITED
METHODIST CHURCH for a Condotional Use Permit for a
church addition on the North side of Princess Anne Road, West
of Curry Comb Court (2708 Princess Anne Road), containing
6.328 acres (PRINCESS ANNE BOROUGH).
K6 Application of CATHOLIC DIOCESE OF RICHMOND - ST.
GREGORY'S CATHOLIC CHURCH for a Conditional Use
Permit for a church expansion (Center for the Hispanic
Ministry) on the West side of Clearfield Avenue, 590.81 feet
South of Virginia Beach Boulevard (269 Clearfield Avenue),
containing 10,875 square feet (BAYSIDE BOROUGH).
K7 Application of C & C DEVELOPMENT, L.L.C., for a Change
of Zoning District Classification from R-7.5 Residential
District and B-2 Community Business District to Conditional
B-1 Neighborhood Business District at the Southeast corner of
Newtown Road and Connie Lane, containing 1.53 acres
(BAYSIDE BOROUGH).
K8 Application of ALLEN L. PYLE/BIRDNECK POINT
COMMONS, L.C., for a Change of Zoning District
Classification from B-1 Neighborhood Business District to B-
1A Limited Community Business District on the South side of
Laskin Road, West of Birdneck Road (1201 Laskin Road),
containing 1.23 acres (LYNNHAYEN BOROUGH).
K9 Application of VIRGINIA BEACH FEDERAL SAVINGS
BANK for a Change of Zoning District Classification from I-1
Light Industrial District to B-2 Community Business District on
the South side of Greenwich Road, 150 feet more or less East
of Newtown Road (5792 Greenwich Road), containing 1.13
acres (BAYSIDE BOROUGH).
September 24, 1996
- 7 -
AGENDA REVIEW SESSION
ITEM # 41217 (Continued)
K10 Applications of the CITY OF VIRGINIA BEACH.
a. Ordinance in the petition for the discontinuance, closure and
abandonment of a portion of Virginia Place beginning at the
Eastern boundary of Washington Avenue, running in an
Easterly direction 160.78 feet along the Northern property line,
containing 6316 square feet (LYNNHAVEN BOROUGH).
b. Ordinance in the petition for the discontinuance, closure and
abandonment of a 20-foot alley located between Virginia
Beach Boulevard and 18th Street, beginning at the Western
boundary of Parks Avenue and running in a Westerly direction
361.06 feet along the Northern property line, containing 7248
square feet (LYNNHAVEN BOROUGH).
c. Conditional Use Permit for a 125-foot monopole antenna
tower on the West side of Bendix Road beginning at a point
800 feet more or less South of Bonney Road, containing
30,927.6 square feet (KEMPSVILLE BOROUGH).
d AMEND and REORDAIN Section 4.1 of the Site Plan
Ordinance re number of plans that must be submitted to the
City for site plan review.
e. AMEND and REORDAIN Section 6.3 of the Subdivision
Ordinance re additional information required on final plats.
Items K10O a. and c. shall be DEFERRED INDEFINITELY By CONSENT.
September 24, 1996
- 8 -
CITY COUNCIL CONCERNS
4.50 PM.
ITEM # 41218
Mayor Oberndorf encouraged all Council Members to attend the Virginia Municipal League Meeting in
Roanoke October 20 - 22, 1996, and the National League of Cities in San Antonio, Texas on December
6 - 11, 1996.
ITEM # 41219
Council Lady Henley wished to discuss during the Formal Session the issue of housing and care for the
elderly.
ITEM # 41220
Council Lady Strayhorn had concern relative traffic control at Tallwood High School. Three students
were injured by an out-of-control car driven by a student at Tallwood.
ITEM # 41221
Council Lady Parker referenced a newspaper article relative a lodge at Sandbridge.
Councilman Branch advised the Resort Advisory Commission discussed this issue approximately 2 or 3
years ago. No one from the City contributed to this conversation.
Council Lady Henley advised she was concerned about the inference there was to be public participation.
ITEM # 41222
Mayor Oberndorf refernced the laws being changed regarding Social Services and families that are
failing. The Social Services Department held an all day Seminar on "Strengthening Families" based on
"Dads Count Too". "Young responsible Fathers" is a program being used successfully in Baltimore City,
where they have over 700 young men who are learning how to father their babies and be responsible for
them. The group at the Beach is entitled: "Fit" (Fathers In Training). One of the Fathers designed the
logo. Three of the young men in the Baltimore program spoke at the Seminar. One young man was a
former drug abuser who is becoming a certified counselor. The young men said they had never seen a
city as exquisite and wonderful as Virginia Beach. They remarked how clean and green it was. Ihey
stayed at a hotel on the oceanfront and watched the Dolphins. Mayor Oberndorf was very impressed with
the program provided by Dan Stone, Director - Social Services and his staff. The Baltimore Urban
League and Lawrence P. Pacquin School was involved with this program.
Council Lady Strayhorn advised she went in the afternoon and they were still talking about the Dolphins.
September 24, 1996
- 9 -
ITEM # 41223
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room City Hall Building, on Tuesday, September 24, 1996,
at 5:00 P.M.
Council Members Present.
@n A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P, Jones, Reba S McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William
D. Sesso?=, Jr.
Council Members Absent:
Louisa M. Strayhorn
September 24, 1996
- 10 -
ITEM # 41224
Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of 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: Appointments - Boards and Commissions:
Agricultural Advisory Commission
Community Services Board
Public Library Board - Student
Review and Allocation Committee
Southeastern Virginia Areawide Model Program
Wetlands Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of properly owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To-Wit: Princess Anne Borough
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc.% III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Obemdg?f, Nancy K Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
September 24, 1996
- 11 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
September 24, 1996
6.15 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 24, 1996, at 6:15 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branc,% III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. @es, Reba S McCianan,
Mayor Meyera E. Oberndorf, Nancy K Parker, rice Mayor William D.
Sessoms, Jr and Louisa M Sfrayhorn
Council Members Absent
None
INVOCATION: Reverend Fritz Stegemann
Open Door Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
September 24, 1996
- 12 -
Item IV-E.
CERTIFICATION OF
EXECVTIVE SESSION
ITEM # 41225
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City CounciL
Voting: 11-0
Council Members Voting Aye:
@n A. Baum, Linwood 0. Branc#% III, William W Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Lot"s R Jones, Reba 5
McCianan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa K S(rayhorn
Council Members Voting Nay:
Non e
Council Members Absent:
None
September 24, 1996
Resolution
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in Item # 41224 Page No. 10 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Hodges Smith, CMC/AAE
City Clerk September 24, 1996
- 13 -
Item IV-F.1.
MINUTES ITEM # 41226
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED
the Minutes of the INFORMAL AARD FORMAL SESSIONS of September 10, 1996.
Voting: 11-0
Council Members Voting Aye:
John A, Baum, Linwood 0. Branch, III, William W Harrison,
Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K
Parker, Vice Mayor William D. Sessoms, Jr and Louisa K
Strayhorn
Council Members Vottng Nay:
None
Council Members Absent.-
None
September 24, 1996
- 14 -
Item IV-G.1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 41227
BY CONSENSUS City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The City Ckrk advised the Resolution re First Colonial Road, Phase III/Oceana Boulevard widening
was inadvertently omitted from listing on the Agenda:
J5c Resolution to authorize location and major design features of
the project, that the City will design and construct, as a City -
funded project, Oceana Boulevard widening - - from Oceana
NAS main gate to Virginia Beach Boulevard, acquire all
rights-of-way; and, execute all necessary agreements in
acquisition of such rights-of-way.
September 24, 1996
- 15 -
Item IV-I.1
PRESENTATION
ITEM # 41228
Mayor Oberndorf RECOGNIZED the following BOY SCOUTS in attendance earning their citizenship
in the Community Merit Badge:
BOY SCOUT TROOP #301
SPONSORED BY BAYSIDE WARD, CHURCH OF LATTER DAY SAINTS
Assistant Scoutmaster Cliff Hansen
September 24, 1996
- 16 -
Item IV-I.2.
PRESENTATION ITEM # 41229
Mayor Oberndorf recognized and presented each with symbols of the City:
JAMES ECHOLS
RETIRING EXECUTIVE DIRECTOR
TIDEWATER REGIONAL TRANSIT
LAVERNE KIMBALL
NEW EXECUTIVE DIRECTOR
TIDEWATER REGIONAL TRANSIT
September 24, 1996
- 17 -
Item IV-1.
RESOLUTION ITEM # 41230
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Resolution to ratify the filing of an application to the Virginia Public
School Authority for a loan of $5,000,000 re capital improvements for
its public school system; and, ratify the actions of the Director of
Finance in collaboration with other officers of the City and the City
School Board
Voting: 11-0
Council Members Voting Aye:
JMn A. Baum, Linwwd a Branch, 111, William W Harrison,
Jr., Harold Heischober, Barbara M Henley, Louis P. Jones,
Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K
Parker, Vice Mayor William D. Sessoms, Jr. and Louisa K
Strayhorn
Council Meinbers Voting Nay:
None
Council Members Absent:
None
September 24, 1996
I A RESOLUTION RATIFYING THE FILING OF AN
2 APPLICATION TO THE VIRGINIA PUBLIC SCHOOL
3 AUTHORITY FOR A LOAN IN AN APPROXIMATE AMOUNT
4 OF $5,000,000
5 WHEREAS, the City Council (the "Council") of the City of
6 Virginia Beach, Virginia (the "City") , in collaboration with the
7 City School Board, has determined that it is necessary and
8 desirable for the City to undertake capital improvements for its
9 public school system; and
10 WHEREAS, an application has been filed with the Virginia
11 Pubic School Authority's 1996 Interest Rate Subsidy Program for a
12 loan in the approximate amount of $5,000,000 to finance the above-
13 referenced capital improvements;
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 1. That the filing of an application with the Virginia
17 Public School Authority for a loan in an approximate amount of
is $5,000,000 to finance capital improvements for its public school
19 system is hereby ratified;
20 2. That the actions of the Director of Finance, in
21 collaboration with the other officers of the City and the City
22 School Board, in completing and filing such application are hereby
23 approved and ratified; and
24 3. That this resolution shall take effect immediately.
25 Adopted by the Council of the City of Virginia Beach,
26 Virginia, on the 24 day of September , 1996.
27 CA-6437
28 ORDIN\NONCODE\VPSA.RES
29 R-2
30 PREPARED: 09/17/96
APPROVED AS TO C
Department of Finance
APPROVED AS TO LEGAL
SUFFICIIENCY
Ee-r,
ATTACHMENT A
APPLICATION
TO THE
VIRGINIA PUBLIC SCHOOL AUTHORITY
1996 INTEREST RATE SUBSIDY PROGRAM
1. Name of County/City
City of Virginia Beach, VA
2. Name and address of County Administrator/City Manager
James K. Spore, City Manager
City Hall Bldg. 2nd floor - Va. Beach, VA 23456
Telephone: (757) 427-4242
Fax: (757) 427-4135
3. Name and address of School Superintendent: Dr. Timothy R. Jenney, Superintendent
P.O. Box 6038
Va. Beach Public Schools
Municipal Center
Telephone: (757) 427-4326 Va. Beach, VA 23456
Fax: (757) 426-5680
4. Name of Principal Contact: (All further correspondence will be directed to this
person unless noted) Richard Dunford, Debt & Financial Services Administrator
Phone: (757) 427-4681
Fax: (757) 427-4302
Mailing Address: Department of Finance
Bldg. 1, room 220
Municipal Center
Va. Beach, VA 23456
Hand Delivery Address SAME
5 Bond Counsel : Hunton & Williams
(firm, individuals, address, phone & fax) Riverfront Plaza East Tower
Attn: John O'Neill 951 East Byrd St.
(757) 788-8406 Richmond, VA 23219
Note: Localities are required to take all action necessary to procure the services of qualified
Bond Counsel prior to the submission of this application
1
6. Data on Proiect to be financed (use separate sheets if needed)
See Exhibit A- The project will not be subject to any leases or
management, or services contracts.
a. Briefly describe Project(s) and indicate whether the Project(s) will be
subject to any leases or management or service contracts (a separate page may
be used)
See Exhibit A - The project will not be subject to any
leases or management serv. contracts
b. Literary Fund Loan Application Date:
9/95
c. Literary Fund Loan Approval Date:
1/96
d. Priority Number on Literary Fund Waiting List:
#8
e. Total Expected Costs:
$22,300,690.00
f. Cost By Project/Phase: (separate page may be used)
Estimated
Project Estimated Completion
Phase Cost Date
See Exhibit A
g. Amount of VPSA Financing Applied for (Approved Amount
of Literary Fund Loan): $ 5,000,000
Note: The VPSA will calculate the amount (size) of your
bond and the amount (size) of the interest rate subsidy
grant to be received from the Literary Fund
h. Other Funding Sources:
General Obligation Bonds and General Fund
2
7. What is the status of planning, design and construction for the project? Answer the
following questions for the project
a. Have the final plans and specifications, architect's or engineer's statement and the
division superintendent's approval been submitted to the Superintendent of Public
Instruction (as required by § 22.1-140 of the Code of Virginia? x
yes ________ no
b. What is the bid date for the project: 12/95
c. Estimated Construction Start Date: 1/96
d. Estimated Construction Completion Date: 7/97
e. Has any mony been expended on the Project? x yes _____no
(If yes, indicate the source of such money. See questions 12 and 13)
General Obligation Bonds
f. Has the project been completed? _____yes x no
8. Amortization Schedule Preferred:
(Principal is expected to be paid in equal annual installments starting on July 15,
199[7].)
Less than 15 years ________
15 years __________________
16 years __________________
17 years __________________
18 years __________________
19 years __________________
20 years x
Note: While every attempt will be made to satisfy your preferred schedule, there is no
guarantee that your request can be honored.
9. Have your Boards approved the project(s) and authorized this application to VPSA for
the needed financing?
School Board and City Council to consider resolutions on
Sept. 17th and Sept. 24th, respectively.
Approved by School Board ___ yes X no
Approved by County Board/City Council ___ yes X no
NOTE: Please enclose certified copies of resolutions.
3
10. Were these bonds or projects the subject of a referendum?
_____ yes X no
If yes, did the referendum pass? ______ yes _____no
Date of referendum __________
11. Person(s) responsible for disbursing and investing bond proceeds
Name: John T. Atkinson, City Treasurer
Address: City Hall Building, Municipal Ctr. , VA Beach, VA 23456
Telephone: (757) 427-4445
Fax:(757) 430-6399
12. Will bond proceeds from this sale be used to repay a Bond Anticipation Note or other
form of interim/temporary financing?
_____ yes x no
If Yes, please provide all terms of the Bond Anticipation Note or other obligation
13. Will bond proceeds from this sale be used to reimburse you for prior expenditures?
_______ yes X no
If Yes, please attach a copy of your reimbursement resolution.
14 Have you executed any undertaking in regards to continuing disclosures
X yes _____ no
If Yes, please include copies of any such undertakings
4
NOTE: SUBMISSION OF THIS APPLICATION DOES NOT GUARANTEE
PARTICIPATION IN THE SUBSIDY SALE. PARTICIPATION WILL BE BASED ON
A LOCALITIES' PRIORITY POSITION ON THE LITERARY FUND FIRST PRIORITY
WAITING LIST AND IS SUBJECT TO THE AVAILABILITY OF FUNDS FOR THIS
PURPOSE. LOCALITIES WILL BE NOTIFIED AS SOON AS POSSIBLE AFTER
SEPTEMBER 16, 1996 AS TO WHETHER THEY MAY RECEIVE FUNDING IN 1996.
THE DEPARTMENT OF EDUCATION AND THE VPSA WILL USE THEIR BEST
EFFORTS TO INCLUDE ALL LOCALITIES WISHING TO PARTICIPATE.
Signature required
(County Administrator/City Manager)
Signature required
(Superintendent)
BY SIGNING THIS APPLICATION, THE LOCAL OFFICIALS ACKNOWLEDGE THAT
IF FUNDS ARE BORROWED FROM THE VPSA TO FUND A PROJECT IN LIEU OF
RECEIVING A LITERARY FUND LOAN, THE LOCALITY WILL BE REMOVED
FROM THE LITERARY FUND WAITING LIST FOR THIS PROJECT. THE LOCAL
OFFICIALS ALSO ACKNOWLEDGE THAT FUTURE LITERARY FUND MONIES MAY
NOT BE USED TO REDEEM BONDS SOLD TO THE VPSA.
THIS APPLICATION MUST BE COMPLETED AND RETURNED ALONG WITH 1
COPY OF YOUR COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR
THE LAST THREE FISCAL YEARS (JUNE 30, 1993 THROUGH JUNE 30, 1995) BY 5:00
PM ON SEPTEMBER 4, 1996 TO:
Gary Ometer, Debt Manager
Department of the Treasury
Commonwealth of Virginia
101 North 14th St., 3rd Floor
Richmond, Virginia 23219
LOCALITIES NOT RETURNING THIS FORM WILL NOT BE INCLUDED IN THE
SUBSIDY SALE.
5
CITY OF VIHGINIA BEACH, VIRGINIA
FY 1996-97 / FY 2001-2002 CAPITAL IMPROVEMENT PROGRAM
Project Category: Project Number and Title:
Schools 1-021 Corporate Landing Middle School (1997)
UNAPPROPRIATED SUBSEQUENT YEARS Priority #:
Total Budget
Estimated Appropriations Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Cost To Date FY 1996-97 FY 1997-98 FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02
22,300,690 19,961,194 2,339,496 0 0 0 0 0
Operating Budget Impact 0 2,415,000 2,487,450 2,562,073 2,638,936 2,718,101
DESCRIPTION AND SCOPE
This project is for construction of a middle school with a design capacity of 1,800 students. Necessary classroom space and resource
areas should result in a facility of approximately 237,000 square feet on approximately thirty-eight acres in Corporate Landing Business
Park.
JUSTIFICATION AND IMPACT
This school will serve middle school students in a designated growth corridor. Recent demographic projections indicate the necessity
to house these students in 1997. Without the project, existing schools may be overcrowded.
HISTORY
This project first appeared in the 1989/93 CIP under Summary of Projects Funded FY 1994/98 as Junior High School--at an estimated
cost of $30,485,000. In the 1990/94 CIP, the cost estimate was revised to reflect a change in project scope as a middle school of
248,000 square feet to house 1,800 students. In the 1992/96 CIP, the name was changed from General Booth Corridor Middle
School--1997 as a result on the need to designate a location based on future demographic data. In the 1993-97 CIP, the total estimated
cost was reduced as a result of the current downturn in the economy and the City's request to reduce the annual inflation rate from
6% to 3%. Furniture and equipment estimates were revised to reflect the expanded use of technology in the instructional program.
In the 1995-1996 CIP, square footage was lowered from the Larkspur model of 248,000 square feet to reflect more efficient space
design without reducing quality. Estimates for the 1995-1996 CIP budget were revised to reflect updated construction costs, and the
opening date was advanced from 1998 to 1997. In this CIP, the total cost of the project was revised to reflect a transfer of $432,432
from various projects and increased FY 1996-97 funding of $375,000.
STATUS OF SITE
Currently owned.
SCHEDLE OF ACTIVITY
ACTIVITY FROM - TO AMOUNT
Design 4/95 - 12/97 800,000
Construction 12/95 - 5/97 18,594,871
Contingencies 4/95 - 12/97 916,512
Furniture and Fixtures 1/97 - 9/97 1,864,307
Inspections and Support 12/97 - 9/97 125,000
Total Budgetary Cost Estimate 22,300,690
MEANS OF FINANCING
1994 Charier Bonds 504,783
1995 Charter Bonds 19,228,762
1996 Charter Bonds 2,339,496
Operating Budget 227,649
Total 22,300,690
CONTINUING DISCLOSURE AGREEMENT
This CONTINUING DISCLOSURE AGREEMENT (the "Disclosure
Agreement") is executed and delivered by the City of Virginia
Beach, Virginia (the "City"), in connection with the issuance by
the City of its $58,000,000 General Obligation Public Improvement
Bonds, Series of 1996 (the "Bonds"). The City hereby covenants and
agrees as follows:
Section 1. Purpose of the Disclosure Agreement. This Disclo-
sure Agreement is being executed and delivered by the City for the
benefit of the holders of the Bonds and in order to assist the
purchasers of the Bonds in complying the provisions of Section
(b)(5)(i) of Rule 15c2-12 (the "Rule") promulgated by the Securi-
ties and Exchange Commission by providing certain annual financial
information and material event notices required by the Rule
(collectively, "Continuing Disclosure").
Section 2. Annual Disclosure. (a) The city shall provide
annually certain financial information and operating data in
accordance with the provisions of section (b)(5)(i) of the Rule as
follows:
(i) audited financial statements, prepared in accordance
with generally accepted accounting principles; and
(ii) the operating data with respect to the City of the
type described in the section of the official Statement
entitled "Operating Data."
(b) The City shall provide annually the financial
information and operating data described in subsection (a) above
(collectively, the "Annual Disclosure") within 180 days after the
end of the City's fiscal year, commencing with the city's fiscal
year ending June 30, 1996, to each nationally recognized municipal
securities information repository ("NRMSIR") and to the appropriate
state information depository ("SID") , if any is hereafter created.
(c) Any of the Annual Disclosure may be included by
specific reference to other documents previously provided to each
NRMSIR and to the appropriate SID, if any is hereafter created, or
filed with the SEC; provided, however, that any final official
statement incorporated by reference must be available from the
Municipal securities Rulemaking Board (the "MSRB").
(d) The City shall provide in a timely manner to each
NRMSIR or the MSRB and to the appropriate SID, if any is hereafter
created, notice specifying any failure of the City to provide the
Annual Disclosure by the date specified.
section 3. Event Disclosure. The City shall provide in a
timely manner to each NRMSIR or the MSRB and with the appropriate
SID, if any is hereafter created, notice of the occurrence of any
of the following events with respect to the Bonds, if material:
(a) principal and interest payment delinquencies;
(b) non-payment related defaults;
(c) unscheduled draws on debt service reserves reflect-
ing financial difficulties;
(d) unscheduled draws on any credit enhancement re-
flecting financial difficulties;
(e) substitution of credit or liquidity providers, or
their failure to perform;
(f) adverse tax opinions or events affecting the tax-
exempt status of the Bonds;
(g) modifications to rights of Bondholders;
(h) bond calls;
(i) defeasance of all or any portion of the Bonds;
(j) release, substitution, or sale of property securing
repayment of the Bonds; and
(k) rating changes.
Section 4. Termination. The obligations of the City
specified in Sections 2 and 3 will terminate upon the redemption,
defeasance (within the meaning of the Rule) or payment in full of
all the Bonds.
Section 5. Amendment. The City reserves the right to modify
its obligations contained in Sections 2 and 3 without the consent
of Bondholders, provided that such modification complies with the
Rule as it exists at the time of modification.
Section 6. Defaults. (a) If the City fails to comply with
any covenant or obligation regarding continuing Disclosure
specified in this Disclosure Agreement, any holder (within the
meaning of the Rule) of Bonds then outstanding may, by notice to
the City, proceed to protect and enforce its rights and the rights
of the holders by an action for specific performance of the City's
covenant to provide the Continuing Disclosure.
(b) Notwithstanding anything herein to the contrary, any
failure of the City to comply with any obligation regarding
2
Continuing Disclosure specified in this Disclosure Agreement (i)
shall not be deemed to constitute an event of default under the
Bonds or the resolution providing for the issuance of the Bonds and
(ii) shall not give rise to any right or remedy other than that
described in Section 6(a) above.
Section 7. Additional Disclosure. The City may from time to
time disclose certain information and data in addition to the
Continuing Disclosure. Notwithstanding anything herein to the
contrary, the City shall not incur any obligation to continue to
provide, or to update, such additional information or data.
Section 8. Counterparts. This Disclosure Agreement may be
executed in several counterparts each of which shall be an original
and all of which shall constitute but one and the same instrument.
Section 9. Governing Law. This Disclosure Agreement shall be
construed and enforced in accordance with the laws of the Common-
wealth of Virginia.
Dated June 20, 1996.
CITY OF VIRGINIA BEACH, VIRGINIA
Mayor, City of Virginia Beach,
Virginia
City Manager, City of Virginia
Beach, Virginia
3
- 18 -
Item IV-J.
CONSENT AGENDA
RESOLUTION/ORDINANCES ITEM # 41231
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
BY CONSENT in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan*
Mayor Meyera E. Oberndorf Nancy K Parker, ;rice Mayor William D.
Sessoms, Jr and Louisa M Sfrayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
*Council Lady McClanan VOTED VE"AL NAY on Items 4 and 6.
September 24, 1996
- 19 -
item IV-J.1
CONSENT AGENDA
RESOLUTION/ORDINANCES ITEM # 41232
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 25-5 of the City Code
extending the hours of operation for pawnshops and related
establishments.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhom
Council Members Voting Nay:
None
Council Members Absent:
None
September 24, 1996
1 AN ORDINANCE TO AMEND THE CITY CODE BY
2 EXTENDING THE HOURS OF OPERATION OF PAWNSHOPS
3 AND RELATED ESTABLISHMENTS
4 SECTION AMENDED: 25-5
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 25-5 of the Code of the City of Virginia Beach,
8 Virginia, is hereby amended and reordained to read as follows:
9 Sec. 25-5. Certain transactions prohibited between 10:00
10 p.m. and sunrise.
11 (a) No pawnbroker, secondhand dealer or junk dealer shall
12 purchase, barter or exchange any of the articles referred to in
13 section 25-1 between the hours of ** 10:00 p.m. and sunrise of the
14 following morning.
15 (b) A violation of this section shall constitute a Class 1
16 misdemeanor.
17 Adopted by the City Council of the City of Virginia Beach on
18 this 24 day of September 1996.
19 CA-6438
20 DATA/ORDIN/PROPOSED/25-5.ORD
21 SEPTEMBER 12, 1996
22 RI
APFROVED AS TO CONTENT
Police Department
APPROVED AS TO LEGAL
SUFFICIIENCY
Department of Law
- 20 -
Item IV-J.2
CONSENT AGENDA
RESOLUTION/ORDINANCES ITEM # 41233
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to abolish the Transportation Safety Commission; and,
REPEAL Section 21-13 of the City Code. (Requested by Vice Mayor
William D. Sessoms, Jr.)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
September 24, 1996
Requested by Vice-Mayor William D. Sessoms, Jr.
1 AN ORDINANCE TO ABOLISH THE TRANSPORTATION
2 SAFETY COMMISSION AND TO REPEAL SECTION 21-13
3 OF THE CITY CODE
4 WHEREAS, Section 2.1-64.19 of the Code of Virginia, which
5 was enacted in 1968, provided that "[e]ach county and city within
6 the State shall have a local highway safety commission which shall
7 be appointed by the governing body thereof... ;"
8 WHEREAS, pursuant to Section 2.1-64.19, City Council
9 established the Virginia Beach Highway Safety Commission (which was
10 subsequently renamed the "Transportation Safety Commission") for
11 the purpose of recommending to City Council plans for the formation
12 of a highway safety program for the City, periodically reviewing
13 the operation and effectiveness of such program, and recommending
14 amendments to such program;
15 WHEREAS, Section 2.1-64.19 was repealed by the General
16 Assembly in 1978; and
17 WHEREAS, since the Commission was established, various
is City departments, including the Police Department and the
19 Department of Public Works, have taken over the duties and
20 responsibilities of the Commission, thereby obviating the need for
21 the Commission's continued existence.
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24 That the Transportation Safety Commission is hereby
25 abolished.
26 BE IT FURTHER ORDAINED:
27 That Section 21-13 of the Code of the City of Virginia
28 Beach, Virginia, which established the Commission, is hereby
29 repealed.
30 Adopted by the Council of the City of Virginia Beach,
31 Virginia, on the 24 day of September 1996.
32 CA-6412
33 ORDIN\NONCODE\21-13.ORD
34 R-1
35 PREPARED: 09/17196
- 21 -
Item IV-J.3
CONSENT AGENDA
RESOLUTION/ORDINANCES ITEM # 41234
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to authorize acquisition of property in fee simple for
construction of sewer and water projects, including temporary and
permanent easements, by agreement or condemnation, in the following
neighborhoods:
a. Elbow Road Sanitary Sewer Force Main (CIP 6-073)
(KEMPSVILLE/PRINCESS ANNE BOROUGHS)
b. Elbow Road Water Main (CIP 5-148)(KEMPSVILLE/PRINCESS ANNE
BOROUGHS)
c. Indian River Road - Ph. III Water Main (CIP 5-149) (KEMPSVILLE
BOROUGH)
d Shell Road West Sanitary Sewer (CIP 6-025) (BAYSIDE BOROUGH)
e. Wishart Cove Sanitary Sewer (CIP 6-042) (BAYSIDE
BOROUGH)
Voting: 11-0 (By Consent)
Council Meinbers Voting Aye:
@n A. Baum, Linwood 0. Branct% III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Meinbers Absent:
None
September 24, 1996
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE AND THE ACQUISITION
3 OF TEMPORARY AND PERMANENT EASEMENTS EITHER BY
4 AGREEMENT OR CONDEMNATION FOR THE SEWER AND WATER PROJECTS -
5
6 6-073 Elbow Road Extended
7
8 5-148 Elbow Road Extended - Water Main
9
10 5-149 Indian River Road - Ph. III - Water Main
11
12 6-025 Shell Road West
13
14 6-042 Wishart Cove
15
16
17 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
18 BEACH:
19
20 WHEREAS, in the opinion of the Council of the City of
21 Virginia Beach, Virginia, a public necessity exists for the
22 expansion of these important projects and for public purposes for
23 the preservation of the safety, health, peace, good order, comfort,
24 convenience, and for the welfare of the people in the City of
25 Virginia Beach:
26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28 Section 1. That the City Council authorizes the
29 acquisition by purchase or condensation pursuant to Sections 15.1-
30 236, et seq., 15.1-897, et seq., Title 25-46.1 et seq., and 33.1-
31 89, et seq., Code of Virginia of 1950, as amended, all that certain
32 real property in fee simple, including temporary and permanent
33 easements as shown on the project area maps entitled:
34 6-073 Elbow Road Extended
35
36 5-148 Elbow Road Extended - Water Main
37
38 5-149 Indian River Road - Ph. III - Water Main
39
40 6-025 Shell Road West
41
42 6-042 Wishart Cove
43
44 These project area maps being on file in the Office of Real Estate
45 Department of Public Works, Virginia Beach, Virginia.
46 Section 2. That the City Manager is hereby authorized
47 to make or cause to be made on behalf of the City of Virginia
48 Beach, to the extent that funds are available, a reasonable offer
49 to the owners or persons having an interest in said lands. If
50 refused, the City Attorney is hereby authorized to institute
51 proceedings to condemn said property.
52 Adopted by the Council of the City of Virginia Beach,
53 Virginia, on the 24 day of September , 1996.
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
7 1
72
73
74
75
76 ONTENT:
77
78 7z7 APPROVED AS TO
79 J@lm C. Barnqfs, P.E. LEGAL SUFFICIENCY
80 P oject Manager
81 Department of Public Utilities
82
83
84
8 5
8 6
8 7
8 8
89
9 0
91
92 mrg (8/21/96)
incess
Anne Park
0
40
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RY SEWER FORCE MAIN
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7
4
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C,31
\C,15
ELBOW ROAD WATER MAIN
C. I. P. 5-148
City of Norfolk
Stumpy Lake GC
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Oaks INDIAN RIVER ROAD PH. III
LL RD
SHELL ROAD - WEST
SANITARY SEWER
NEIGHBORHOOD PROJECT
NSHART COVE
SANITARY SEWER
NEIGHBORHOOD PROJECT
- 22 -
Item IV-J.4
CONSENT AGENDA
RESOLUTION/ORDINANCES ITEM # 41235
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinances re Harbour Point Road Extended (CIP 2-218)
(LYNNHAVEN BOROUGH):
a. AUTHORIZE additional acquisition of property in fee simple for temporary
and permanent easements of right-of-way, either by agreement or
condemnation
b. APPROPRIATE $255,000 from General Fund Balance re acquiring additional
right-of-way.
Voting: 10-1 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 111, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Mayor Meyera E
Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Reba S. McCianan
Council Members Absent.-
Non e
September 24, 1996
I AN ORDINANCE TO AUTHORIZE ADDITIONAL
2 ACQUISITION OF PROPERTY IN FEE
3 SIMPLE FOR RIGHT OF WAY FOR HARBOUR
4 POINT ROAD EXTENDED (CIP 2-218) AND
5 THE ACQUISITION OF TEMPORARY AND
6 PERMANENT EASEMENTS OF RIGHT OF WAY,
7 EITHER BY AGREEMENT OR CONDEMNATION
8 WHEREAS, in the opinion of the Council of the City
9 of Virginia Beach, Virginia, a public necessity exists for the
10 construction of this important roadway to provide transportation
11 and for other public purposes for the preservation of the safety,
12 health, peace, good order, comfort, convenience, and for the
13 welfare of the people in the City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
15 CITY OF VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Council authorizes the
17 acquisition by purchase or condemnation pursuant to Sections 15.1-
18 236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq.,
19 Title 25-46.1 et-seq., Code of Virginia of 1950, as amended, all
20 that certain real property in fee simple, including temporary and
21 permanent easements of right of way as shown on the location map
22 entitled "HARBOUR POINT RD. EXTENDED C.I.P. 2-218," said location
23 map attached hereto and as more specifically shown on an
24 acquisition plat on file in the Office of Real Estate Department of
25 Public Works, Virginia Beach, Virginia.
26 Section 2. That the City Manager is hereby
27 authorized to make or cause to be made on behalf of the City of
28 Virginia Beach, to the extent that funds are available, a
29 reasonable offer to the owners or persons having an interest in
30 said lands. If refused, the City Attorney is hereby authorized to
31 institute proceedings to condemn said property.
32 Adopted by the Council of the City of Virginia
33 Beach, Virginia, on the 24 day of September, 1996.
34 R-1
35 CA-6427
NONCODE\CA6427.ORD
APPROVED AS TO LEGAL
FFICIE A FORM
I AN ORDINANCE TO APPROPRIATE $ 255,000 FROM GENERAL
2 FUND BALANCE TO HARBOUR POINT ROAD EXTENDED
3 CI[P PROJECT #2-218 FOR THE PURPOSE OF ACQURUNG
4 ADDITIONAL RIGHT-OF-WAY
5 WHEREAS, the original Harbour Point Road project that first appeared in the FY 1993-
6 94 CIP Capital Improvement Program extended Harbour Point Road from General Booth
7 Boulevard to Southside Drive,
8 WHEREAS, subsequent Capital Improvement Programs modified the original scope, and
9 the improvements on the east side of General Booth Boulevard were deleted;
10 WHEREAS, in light of recent development proposals in the area, it is in the best interest
11 of the City to preserve the east side right-of-way;
12 WHEREAS, there is $255,000 available from General Fund Balance to appropriate to the
13 project.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGIINIA BEACH, that $255,000 be appropriated from General Fund Balance to Harbour
16 Point Road Extended Project #2-218.
17 This ordinance shall be in effect from the date of its adoption.
18 Adopted the 24 day of September, 1996, by the Council of the City of Virginia
19 Beach, Virginia.
APPRO APPROVED AS TO
LEGAL SUFFiCiENCY
Department of Management Services
f.,\users\sjohnsto\council\2218har.ord
- 23 -
item IV-J.5
CONSENT AGENDA
RESOLUTION/ORDINANCES ITEM # 41236
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Resolution and Ordinances re First Colonial Road - Phase III (CIP 2-
833) and Oceana Boulevard widening (CIP 2-002) (LYNNHAVEN AND
PRINCESS ANNE BOROUGHS):
a. AUTHORIZE location and major design features of the project; that the City
will design and construct as a City-funded project, Oceana Boulevard
widening -- from Oceana NAS main gate to Virginia Beach Boulevard;
acquire all rights-of-way; and execute all necessary agreements in acquisition
of such rights-of-way.
b. AUTHORIZE acquisition of property in fee simple for temporary and
permanent easements of right-of-way, either by agreement or condemnation
on the North/South ends.
c. ESTABLISH Oceana Boulevard widening project in the Capital Improvement
Program; and APPROPRIATE $300,000 from the General Fund Balance for
design purposes.
Voting: 11-0 (By Consent)
Council Meinbers Voting Aye:
John A. Baum, Lin@ a Branc& III, Miliam W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessona, Jr and Louisa M Strayhorn
Council Meinbers Voting Nay:
None
Council Members Absent.-
None
September 24, 1996
LOCATION AND DESIGN
PUBLIC HEARING APPROVAL
RESOLUTION
WHEREAS, a Location and Design Public Hearing was conducted on August 31,
1994, in the City of Virginia Beach by representatives of the Commonwealth of
Virginia, Department of Transportation after due and proper notice for the purpose
of considering the proposed location and design of Oceana Boulevard and First
Colonial Road Extension, Project U000-134-118, PE101, RW201, C501 in the City of
Virginia Beach, at which hearing aerial photographs, drawings and other pertinent
information were made available fot public inspection in accordance with state and
federal requirements; and
WHEREAS, all persons and parties in attendance were afforded full opportunity
to participate in said public hearing; and
WHEREAS, representatives of the City of Virginia Beach were present and
participated in said hearing; and
WHEREAS, the Council had previously requested the Virginia Department of
Transportation to program this project; and
WHEREAS, the Council considered all such matters; now
THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach
hereby approves the location and major design features of the proposed project as
presented at the Public Hearing: a) including approval of Design #2, which
relocates the southern project terminus to Prosperity Road and improves its
intersection at General Booth Boulevard, b) excluding the design from oceana NAS
maingate to 0.7 mile south of Virginia Beach Boulevard; and
BE IT FURTHER RESOLVED, that the City of Virginia Beach will design and
construct, as a fully City funded project, oceana Boulevard widening from Oceana
NAS maingate to 0.7 mile south of Virginia Beach Boulevard.
BE IT FURTHER RESOLVED, that the City of Virginia Beach will acquire all
rights-of-way necessary for this project and certify same to the Department at the
appropriate time; and
BE IT FURTHER RESOLVED, that the Director of Public Works is hereby
authorized to execute, on behalf of the City of Virginia Beach, all necessary
railroad and utility agreements required in conjunction with acquiring such
rights-of-way.
Adopted this 24 day of September 1996 City of Virginia
Beach, Virginia.
ATTEST:
CLERK OF COUNCIL MAYOR/CITY MANAGER
pw 9/13/96
APPROVED A, S i-O I E,@,AL
SUFFICIE
cm
I AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY N FEE
3 SIMPLE FOR RIGHT OF WAY FOR FIRST
4 COLONIAL ROAD - PHASE III (CIP 2-
5 833)/OCEANA BOULEVARD WIDENING (CIP
6 2-002) AND THE ACQUISITION OF
7 TEMPORARY AND PERMANENT EASEMENTS OF
8 RIGHT OF WAY, EITHER BY AGREEMENT OR
9 CONDEMNATION
10 WHEREAS, in the opinion of the council of the City
11 of Virginia Beach, Virginia, a public necessity exists for the
12 construction of this important roadway to provide transportation
13 and for other public purposes for the preservation of the safety,
14 health, peace, good order, comfort, convenience, and for the
15 welfare of the people in the City of Virginia Beach:
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, VIRGINIA:
18 Section 1. That the City Council authorizes the
19 acquisition by purchase or condemnation pursuant to Sections 15.1-
20 236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq.,
21 Title 25-46.1 et seq., Code of Virginia of 1950, as amended, all
22 that certain real property in fee simple, including temporary and
23 permanent easements of right of way as shown on the plans entitled
24 "LOCATION MAP SHOWING FIRST COLONIAL ROAD PHASE III CIP #2-833 &
25 OCEANA BOULEVARD WIDENING CIP #2-002 SCALE 1"=2000'," these plans
26 being on file in the Office of Real Estate Department of Public
27 Works, Virginia Beach, Virginia.
28 Section 2. That the City Manager is hereby
29 authorized to make or cause to be made on behalf of the City of
30 Virginia Beach, to the extent that funds are available, a
31 reasonable offer to the owners or persons having an interest in
32 said lands. If refused, the City Attorney is hereby authorized to
33 institute proceedings to condemn said property.
34 Adopted by the Council of the City of Virginia
35 Beach, Virginia, on the 24 day of September , 1996.
36 R-1 APP
NONCODE\CA6042.ORD
R-1 /SIGNATURE
146a@ @@-I
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENC)P FOR14
CIT-
Y ATTORNEY
I AN ORDINANCE TO ESTABLISH OCEANA BOULEVARD
2 WIDENING PROJECT #2-002 IN THE CAPITAL IMPROVEMENT
3 PROGRAM AND APPROPRIATE $300,000 FROM GENERAL FUND
4 BALANCE TO THE PROJECT FOR DESIGN PURPOSES
5 WHEREAS, the FY 1996-97 Capital Improvement Program includes realigning and widening the
6 northern and southern sections of Oceana Boulevard as a component of the First Colonial Road - Phase III
7 CIP Project #2-833, a VDOT funded project;
8 WHEREAS, improvements to the middle section of this roadway were deleted from First
9 Colonial Road - Phase III in the FY 1996-97 CIP until further traffic analysis of the impact of the
10 Southeastern Parkway and Greenbelt Project #2-089 could be evaluated;
11 WHEREAS, current traffic volumes indicate that the construction of two additional lanes in the
12 middle section of Oceana Boulevard would be necessary until the first phase of the Southeastern Parkway
13 and Greenbelt was completed;
14 WHEREAS, the cost of design for the additional lanes is estimated to be $300,000, and would
15 allow for work to begin immediately;
16 WHEREAS, there is $300,000 available from General Fund Balance to appropriate to the project.
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, that Oceana Boulevard Widening Project #2-002 be established in the Capital
19 Improvement Program;
20 BE IT FURTHER ORDAINED that $300,000 be appropriated to the project from General Fund
21 Balance for design purposes.
22 This ordinance shall be in effect from the date of its adoption.
23 Adopted the 24 day of September 1996, by the Council of the City of Virginia Beach,
24 Virginia.
APPROVED AS TO CONTENT 7-
,6
Walter C Kra Jr.
Department of Management Services
f:\users\sjohnsto\council\2002est.ord
- 24 -
item IV-J.6
CONSENT AGENDA
RESOLUTION/ORDINANCES ITEM # 41237
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE $1,733,850 from the General Fund
Balance and $111,264 from the retained earnings of the Water and Sewer
Fund for the FY 1996-1997 gainsharing program.
Voting: 10-1 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood a Branci4 III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhom
Council Meinbers Voting Nay:
Reba S. McClanan
Council Members Absent.-
None
September 24, 1996
1 AN ORDINANCE TO APPROPRIATE FUNDS IN THE
2 AMOUNT OF $1,733,850 FROM THE GENERAL FUND
3 BALANCE AND $111,264 FROM THE WATER AND SEWER
4 FUND RETAINED EARNINGS FOR THE GAINSHARING
5 PROGRAM
6 WHEREAS, it is the desire of the City Council to continue
7 the Gainsharing Program for the employees of Virginia Beach, and
8 allow employees to share in savings realized through organizational
9 improvements; and
10 WHEREAS, there are funds available in the General Fund
11 Balance and in Water and Sewer Fund retained earnings to continue
12 the Gainsharing Program while maintaining the policy level of
13 funding in the Debt Service Reserve Fund.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
is OF VIRGINIA BEACH, VIRGINIA:
16 That funds in the amount of $1,733,850 and $111,264 are
17 hereby appropriated from the General Fund Balance and the retained
is earnings of the Water and Sewer Fund, respectively, for the purpose
19 of funding the Gainsharing Program in FY 96-97.
20 BE IT FURTHER ORDAINED:
21 That the City Manager is hereby authorized to issue
22 checks for Gainsharing savings to all eligible permanent and part-
23 time employees on October 31, 1996, in accordance with the City's
24 Gainsharing Policy.
25 Adopted by the Council of the City of Virginia Beach,
26 Virginia, on the 24 day of September 1996.
27 CA-6436
28 ORDIN\NONCODE\GAINSHAR.ORD
29 R-1
30 PREPARED: 09/17/96
31 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
32 SUFFICIENCY:
33
34 Departfd Manageraen ervices @aw Department
- 25 -
Item IV-J.7
CONSENT AGENDA
RESOLUTION/ORDINANCES ITEM # 41238
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $100,000 additional
revenue froon the Federal Emergency Management Agency (FEMA) to the
Fire Department's FY 1996-1997 Operating Budgetfor all incurred costs
associated with the response of the FEMA Urban Search and Rescue
Team, Virginia Task Force No. 2, to Hurricane Fran in North Carolina.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
MaYor MeYera E Oberndorf Nancy K Parker, trice Mayor William D
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
@e
Council Meynbers Absent.-
None
September 24, 1996
AN ORDINANCE TO ACCEPT AND APPROPRIATE $100,000 IN ADDITIONAL REVENUES FROM
THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO THE FIRE DEPARTMENT'S FY 1996-97
OPERATING BUDGET IN SUPPORT OF THE FEMA URBAN SEARCH AND RESCUE TEAM, VIRGINIA TASK
FORCE NO. 2, FOR PERSONNEL COSTS, EQUIPMENT, AND SUPPLIES USED IN SUPPORT OF
THE TEAM'S PREPARATION FOR THE AFTERMATH OF HURRICANE FRAN.
1 WHEREAS, on September 5, 1996, Hurricane Fran struck the states of South Carolina and North
2 Carolina and caused considerable property damage;
3 WHEREAS, in response to orders by the Federal Emergency Management Agency, the FEMA
4 Urban Search and Rescue Team, Virginia Task Force No. 2, comprised of personnel from the City of Virginia
5 Beach, as well as from across the Hampton Roads Region, was activated and was prepared to be dispatched to
6 North Carolina along with the necessary equipment and supplies to render search and rescue assistance,
7 WHEREAS, the Federal Emergency Management Agency later deactivated the FEMA Urban
8 Search and Rescue Team, Virginia Task Force No. 2 due to the lack of identfiable search and rescue missions;
9 WHEREAS, the Virginia Task Force still incurred costs for personnel, equipment, and
10 administrative costs; and
11 WHEREAS, under federal law and the agreement between FEMA and the City, which establishes
12 the City as the fiscal agent for the regional FEMA Team, all incurred costs associated with the actual deployment
13 and/or activation of the Team, including personnel costs and consumed supplies and equipment, as well as the
14 cost of equipment necessary to bring the Team up to FEMA approved standards, are fully reimbursable from
15 FEMA.
16 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA: That additional revenues in the amount of $100,000 are hereby accepted from the Federal
18 Emergency Management Agency and appropriated in the Fire Department's FY 1996-97 Operating Budget for all
19 incurred costs associated with the response of the FEMA Urban Search and Rescue Team, Virginia Task Force No.
20 2, to Hurricane Fran in North Carolina.
21 BE IT FURTHER ORDAINED: That estimated Federal revenues in the Fire Department's FY 1996-
22 97 Operating Budget are hereby increased by $100,000.
23 Adopted by the Council of the City of Virginia Beach, Virginia on the 24 day of September, 1996.
s APPROVED AS TO
LEGAL @FFICIENCY
- 26 -
item IV-J.8
CONSENT AGENDA
RESOLUTION/ORDINANCES ITEM # 41239
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE $8,500 from the Francis Land House
Board of Governors Trust Fund re interior restoration, operating and
programming expenses of the Francis Land House.
Voting: 11 -0 (By Consent)
Council Members Voting Aye:
J@ A. Baum, Lin@ a Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo?f Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McCianan DISCLOSED she is an EX-OFFICIO MEMBER OF THE BOARD OF
GOVERNORS.
September 24, 1996
1 AN ORDINANCE TO APPROPRIATE $8,500 IN THE
2 FRANCIS LAND HOUSE BOARD OF GOVERNORS
3 TRUST FUND FOR EXPENDITURES IN SUPPORT OF
4 THE MISSION, GOALS, AND ACTIVITIES OF THE
5 FRANCIS LAND HOUSE
6 WHEREAS, the Francis Land House Board of Governors advises the Francis Land
7 House staff on mission, goals, and activities; and
8 WHEREAS, funds available through estimated revenue and the current balance in
9 the Francis Land House Board of Governors Trust Fund exceed $8,500; and
10 WHEREAS, the Board of Governors desires to use $8,500 from the Francis Land
11 House Board of Governors Trust Fund in support of the mission, goals, and activities of
12 the Francis Land House;
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA, that a total of $8,500 be appropriated to the FY 1996-97
15 Operating Budget of the Francis Land House Board of Governors Trust Fund for
16 interior restoration and operating and programming expenses, with $3,356 being
17 appropriated from fund balance and $5,144 being offset by estimated revenue in the
18 Francis Land House Board of Governors Trust Fund.
19 This ordinance shall be effective on the date of its adoption.
20 Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 24 of September , 1996
APPROVED AS TO CONTENT:
Walter C. Kraemer, Jr.
Resource and Management Services Administrator
Der artment of Management Services
APPROVED AS TO
LE@IA'LSUFFICIENCY
- 27 -
item IV-J.9
CONSENT AGENDA
RESOLUTION/ORDINANCES ITEM # 41240
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinances authorizing License Refunds in the amount of $57,345.22
upon application of certain persons and upon certification of the
Commissioner of the Revenue.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc& 111, Wtiliam W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
September 24, 1996
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
B. F. Rich Co., Inc.
P O. Box 6098 1995 Audit 545.38 545.38
Wilmington, DE 19804-0696
Rose, James B Jr. 1996 07-06-96 43.20 43.20
T/A J. B. Rose & Associates
1359 Sir Richard Road
Virginia Beach, VA 23455
Candied as to Payment:
Commissioner of
Approved as to form:
Leslie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $588.58 were approved by the Council
of the City of Virginia Beach on the 24 day of September lig 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved.
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Meisler, Michael H 1994-95 Audit 64.80 64.80
T/A Spray Away Pressure Washing
2112 Spinning Wheel Court
Virginia Beach, VA 23456
Tidewater Diversified Inc
T/A Diamond Springs Medical Center
150 Kingsley Lane 1995 Audit 294.72 294.72
Norfolk, VA 23505
Winfree, Madeleine G. 1995 Audit 20.40 20.40
T/A American Reporting Service
1428 Shamrock Avenue
Virginia Beach, VA 23455
Candied as to Payment:
Commissioner of t
Approved as to form
@- a @
Leslie L. Lille@
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $379.92 were approved by the Council
of the City of Virginia Beach on the 24 day of September , 1996.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Consaul, Harry P. 1994-96 Audit 80.14 80.14
161 Business Park Drive
Virginia Beach, VA 23462
Hermans Sporting Goods Inc
T/A Hermans World Of Sporting Goods
2 Germak Drive 1995 Audit 723.87 723.87
Carteret, NJ 07008
Household Recovery Services Corporation
2700 Sanders Road Att:Lic 1995-96 Audit 49,278.55 49,278.55
Prospect Heights, IL 60070
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Leslie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $50,082.56 were approved by the Council
of the City of Virginia Beach on the 24 day of September , 1996.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Agency Rent A Car Inc
30000 Aurora Road 1994-95 Audit 452.06 452.06
Solon, OH 44139
Bonnie Be-Lo Markets Inc
P 0 Box 2320 1994-95 Audit 5,842.10 5,842.10
Norfolk VA 23501
Certified as to Payment:
Robert P Vaughan
Commissioner of the Revenue
Approved as to form
Leslie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $6,294.16 were approved by the Council
of the City of Virginia Beach on the 24 day of September , 1996.
Ruth Hodges Smith
City Clerk
- 28 -
item IV-iio
CONSENT AGENDA
RESOLUTION/ORDINANCES ITEM # 41241
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of $1,455.90 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Joitn A. Baum, Linwood 0. Branci4 III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
September 24, 1996
q/3/96 EMC
RM NO. C.A. 7
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 Exonefa- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
GMAC of Iowa 96 RE(1/2) 125614-8 11/21/95 34.64
GMAC of Iowa 96 RE(2/2) 125614-8 4/29/96 34.64
Essex Mortgage Corp 96 RE(1/2) 066843-7 11/24/95 44.99
Essex Mortgage Corp 96 RE(2/2) 066843-7 5/17/96 44.99
Tony W & Kimberly Smith 96 RE(2/2) 112098-1 5/17/96 65.58
ODF Associates 96 RE(2/2) 088223-1 5/30/96 1.49
ODF Associates 96 RE(2/2) 008224-0 5/30/96 14.85
Colleen C Cullen 96 RE(2/2) 124672-0 6/5/96 232.52
GMAC Mortgage 96 RE(2/2) 113414-6 9/25/95 353.58
Loan Guaranty Division 96 RE(2/2) 028685-8 5/21/96 56.94
Dorothy S English 96 RE(1/2) 035648-9 12/5/95 12.72
Dorothy S English 95 RE(1/2) 034922-0 1/30/95 13.65
Dorothy S English 95 RE(2/2) 034922-0 6/5/95 12.21
Dorothy S English 94 RE(1/2) 034707-2 12/5/93 20.22
Dorothy S English 94 RE(2/2) 034707-2 6/5/94 20.22
Dorothy S English 93 RE(1/2) 034205-0 12/4/92 19.33
Dorothy S English 93 RE(2/2) 034205-0 6/5/93 19.33
Virginia Wesleyan College N/A Pkng 491754 5/20/96 100.00
Sandra B Crawford N/A Pkng B40127 12/12/95 24.00
Priscilla E Thompson N/A Pkng 499688 7/8/96 100.00
Jean B Lastinger N/A Pkng 500142 7/29/96 100.00
C Holland Wood N/A Pkng 471874 8/2/96 100.00
Keith R Winters N/A Pkng 472497 6/28/96 20.00
Kim Fisher N/A Pkng B56063 7/22/96 10.00
Total 1,455.90
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$1,455.90 were approved by
the Council of the City of Virginia
Beach on the 24 day of September, 1996
tr@
Approved as to form:
Ruth Hodges Smith
City Clerk ease,,
- 29 -
CITY COUNCIL CONCERNS
ITEM # 41242
6:20 P.M.
Council Lady Henley referenced her request to have the Planning Commission review Housing for the
Elderly. A question always arises relative the appropriate density for complexes of this nature. Would the
density be different for apartments that are essentially serving the elderly? The Planning Commission only
reviewed one component of housing for the elderly: "Retirement Communities". Council Lady Henley
wished this issue be addressed in a broad fashion relative all the opportunities necessary to accommodate
the elderly and the changing needs for the differrent types of housing.
The Planning Commission had advised in their study relative retirement communities, the particular
elderly targeted were those having an average income of approximately $65,000 a year. Council lady
Henley believed this was a small segment of the retired community and the City needs to make certain
housing opportunities are available for the whole broad spectrum.
Council Lady Henley referenced several types of housing which she would like further information
provided:
Flex Suites: Allowed in some zoning categories. An addition to a
dwelling, ie. dwelling for elderly parents.
Granny Flats: Separate from the house. Limited by a certain square
footage and can be on the site in a detached fashion.
Council Lady Henley has received calls from citizens interested in the aforementioned types of housing.
Although "Granny Flats" are not allowed in the City at the present time, a mobile home has been
allowed in the rural area as a detached dwelling for a family member. Council Lady Henley wished these
concepts investigated with localities which do utilize this type of housing. Abuses which occur should also
be explored.
Relative appropriate densities for assisted living facilities, skilled nursing care facilities and independent
living facilities, Council Lady Henley believed experiences of related agencies such as Marriott, Marion
Manor, Russell House and First Colonial Inn could provide information.
Council Lady Henley suggested a broader study be compiled by representatives of the Mayor's Committee
on Aging, SEVAMP, Social Services, Planning Commission and City Council Liaisons. Council Members
Henley and Parker shall serve on this Committee.
ITEM # 41243
Council Lady Strayhorn referenced the serious accident at Tallwood High School on Friday, September
20, 1996, involving the serious injury of three young students.
Council Lady Strayhorn believed the problem involved more than a "flashing yellow light". The problem
has to do with the education of the young people at all the High Schools relative speeding. Council Lady
Strayhorn receives many phone calls relative speeding out of the school parking lots. Assemblies should
be provided in the schools to re-educate the students concerning the hazards and perhaps have students
posted outside the schools monitoring fellow students.
Mayor Oberndorf advised she had met with students on Saturday afternoon and they had requested a
portion of the road from the parking lot be reduced to twenty-five miles per hour when the students are
arriving and departing school Mayor Oberndorf requested the City Staff investigate this possibility.
September 24, 1996
- 30 -
Item IV-K
PUBLIC HEARING ITEM # 41244
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. NO ACTION ITEMS
a. USA ENTERTAINMENT, L.C. CONDITONAL CHANGE OF
ZONING
CONDITIONAL USE PERMIT
b. ROLLINGWOOD, L.L.C. CHANGE OF ZONING
CONDITIONAL USE PERMIT
2. KATHERINE BYRD MILLER VARIANCE
3. OIL EQUIPMENT PROPERTIES CONDITIONAL USE PERMIT
4. COURTHOUSE COMMUNITY UNITED METHODIST CHURCH CONDITIONAL USE PERMIT
5. CHARLES H. DAWSON CONDITIONAL USE PERMIT
6. CATHOLIC DIOCESE OF RICHMOND - CONDITIONAL USE PERMIT
ST. GREGORYS CATHOLIC CHURCH
7. C & C DEVELOPMENT, L.L.C. CHANGE OF ZONING
8. ALLEN L. PYLE/BIRDNECK ONT COMMONS, L.C. CHANGE OF ZONING
9. VIRGINIA BEACH FEDERAL SAVINGS BANK CHANGE OF ZONING
10. CITY OF VIRGINIA BEACH STREET CLOSURE/
Virginia Place
STREET CLOSURE/
20-foot alley
CONDITIONAL USE PERMIT
AMEND AND REORDAIN
Section 4.1/Site Plan
AMEND AND REORDAIN
Section 6.3/Subdivision
Ordinance
September 24, 1996
- 31 -
Item IV-Kla.lb.
PUBLIC HEARING ITEM # 41245
PLANNING
NO ACTION ITEMS - Deferred by Planning Cion for 30-Days
Applications of USA ENTERTAINMENT, L.C., on the South side of
Dam Neck Road beginning at a point 2800 feet more or less West of
corporate Landing Parkway, containing 14 acres (PRINCESS ANNE
BOROUGH):
Conditional Change of Zoning District Classification from AG-1 Agricultural
District to Conditional B-2 Community Business District.
Conditional Use Permit for a commercial recreation facility
(sports facility).
Applications of ROLLINGWOOD, L.L.C., at the Southeast and Northeast
intersection of Holland Road and Ferrell Parkway (2400 Holland Road),
containing 101 acres, more or less (PRINCESS ANNE BOROUGH):
Change of Zoning District Classification from AG-1 and AG-2
Agricultural Districts to R-7.5 Residential District.
Conditional Use Permit for a private school
September 24, 1996
- 32 -
Item IV-K.
PUBLIC HEARING ITEM # 41246
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in
ONE MOTTON Items 2, 3, 4, 6, 8, 9 and 10 a.b.cde. of the PLANNING BY CONSENT Items.
Items 10 a. and 10 c. were APPROVED FOR INDEFINITE DEFERRAL.
Voting: 11-0
Council Members Voting Aye:
Jbhn A. Baum, Linwood 0. Branct% III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Williant D.
Sessotm, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Meinbers Absent:
None
Vice Mayor Sessoiw ABSTAINED on K& (Allen L. PyielBirdneck Point Commons, L. C)
Councibnan Harrison ABSTAINED on K9 (Ytrginia Beach Federal Savings Bank)
Council Lady McCianan VOTED VERBAL NAY on 10 d
September 24, 1996
- 33 -
It#m IV-K.2.
PUBLIC HEARING ITEM # 41247
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an
Ordinance upon application of KATHARINE BYRD MILLER for a Variance to Section 4.4(b) of the
Subdivision Ordinance which requires all newly created lots to meet all requirements of the City Zoning
Ordinance.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Katharine Byrd
Miller. Said property is located at 1901 Channel Points Lane.
LYNNHAVEN BOROUGH
The following conditions shall be required:
1. The subdivision must connect to City sewer.
2. The following note shall be placed on the final plat:
On Lot Y-2, development shall not occur within the Resource
Protection Area.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker,'Vice Mayor William D.
Sessonw, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
September 24, 1996
- 34 -
Item IV-K.3.
PUBLIC HEARING ITEM # 41248
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an
Application of OIL EQUIPMENT PROPERTIES for a Conditional Use Permit:
OARDINANCE UPON APPLICATION OF OIL EQUIPMENT
PROPERTIES FOR A CONDITIONAL USE PERMIT FOR A CAR WASH
R09962064
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Oil Equipment Properties for a
Conditional Use Permit for a car wash on the west side of Independence
Boulevard, north of Tulip Drive. Said parcel is located at 1641
Independence Boulevard and contains 15,781.7 square feet. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. The Conditional Use Permit is approved for a three (3)-bay
automatic car wash.
2. Site development shall be in accordance with the submitted site
plan and with the color rendering displayed to City Council,
with the following exceptions:
a. The fence depicted along the Eastern side and rear property
lines shall not be required.
b. Directional signs marking car wash bay entrances and exits
shall be permitted on the car wash structure.
3. One (1) freestanding monument-style sign shall be permitted,
as depicted on the submitted rendering.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beack Virginia, on the Twenty-fourth of September,
Nineteen Hundred and Ninely-Six.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
."n A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louts R Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
September 24, 1996
- 35 -
Item IV-K.4.
PUBLIC HEARING ITEM # 41249
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an
ordinance upon Application of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF COURTHOUSE COMMUNITY
UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT
FOR A CHURCH ADDITION R09962065
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Courthouse Community United Methodist
Church for a Conditional Use Permit for a church addition on the north
side of Princess Anne Road, west of Curry Comb Court. Said parcel is
located at 2708 Princess Anne Road and contains 6.328 acres.
PRINCESS ANNE BOROUGH.
Thee following conditions shall be required:
1. The conditional use permit for the addition of two modular
units to the existing church is approved for a period of four
years. Continued use of the units beyond that time will require
approval of a new conditional use permit.
2. The units shall be installed at the location indicated on the
submitted site plan. Landscape screening shall be provided as
shown on the plan, except that wax myrtles shall be used in
place of the proposed red tip photinias.
3. Existing healthy mature trees along the front property line, as
shown on the site plan, shall be retained for the duration of the
use of the modular units.
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-fourth of September,
Nineteen Hundred and Ninety-Six.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baun4 Linwood 0. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P, Jones, Reba S. McClanan,
Mayor Meyera & Oberndorf Nancy K Parker, Vice Atayor William D.
Sessoms, Jr. and louisa M @rayliom
Council Members Voting Vay:
None
Council Meinbers Absent:
None
September 24, 1996
- 36 -
item IV-K-5.
PUBLIC HEARING ITEM # 41250
PLANNING
Charles A. Dawson, 3708 Landstown Road represented himself and advised the fence would be
constructed on the property line to the Utility pole (approximately another 75 feet).
Dorothy Becker-Pigott, 3704 Landstown Road, adjacent resident, agreed to the extension of the fence.
Upon motion by Council Lady McClanan, seconded by Councilman Branch, City Council ADOPTED
Ordinance upon Applicatton of CHARLES H. DAWSON for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF CHARLES H. DAWSON FOR
A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
R09962066
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Charles H. Dawson for a Conditional Use
Permit for a home occupation (pre-school) on the north side of North
Landstown Road, 1350 feet more or less east of Salem Road. Said parcel
is located at 3708 North Landstown Road and contains 5.62 acres.
PRINCESS ANNE BOROUGH
The following conditions shall be required:
1. When this site is served by City sewer, a maximum of fifteen
(15) children shall be permitted. Until City sewer is available,
the number of children permitted must be in keeping with
Health Department determination.
2. Hours of operation shall be from 7:30 AM to 6:30 PM, Monday
through Friday.
3. This pre-school shall be a Virginia-licensed pre-school,
operated by a certified teacher.
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-fourth of September,
Nineteen Hundred and Ninety-Six.
September 24, 1996
- 37 -
Item IV-K.5.
PUBLIC HEARING ITEM # 41250 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Wzlliam W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessonts, Jr. and Louisa M. Strayhorn
Council Members Vottng Nay:
None
Council Members Absent.
None
September 24, 1996
- 38 -
Item IV-K.6
PUBLIC HEARING ITEM # 41251
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an
Ordinance upon Application of CATHOLIC DIOCESE OF RICHMOND - ST. GREGOAY'S
CATHOLIC CHURCH for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF CATHOLIC DIOCESE OF
RICHMOND - ST GREGORYS CATHOLIC CHURCH FOR A
CONDITIONAL USE PERMIT R09962067
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Catholic Diocese of Richmond - St.
Gregory's Catholic Church for a Conditional Use Permit for a church
extension (center for the Hispanic Ministry) on the west side of
Clearfield Avenue, 590.81 feet south of lrtrginia Boulevard. Said parcel
is located at 269 Clearfield Avenue and contains 10,875 square feet.
BAYSIDE BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beack Virginia, on the Twenty-fourth of September,
Nineteen Hundred and Ninety-Six.
Voting: II -0 (By Consent)
Council Meinbers Voting Aye:
@n A. Baum, Linwood 0. Branc/4 III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P, Jo?ies, Reba S McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Price Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent,-
None
September 24, 1996
FORM .0. P.S. IS
INTER-OFFICE CORRESP014DENCE
In Reply Refer To Our File No. DF-96-4120
DATE: July 30, 1996
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macali DEPT: City Attorney
RE: Conditional Zoning Application
C & C Development. L.L.C., et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 27, 1996. I have reviewed the subject proffer agreement, dated May
25, 1996, and have determined it to be legally sufficient and in proper legal form. A copy
of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
wmm
Enclosure
THIS DOCUMENT WAS PREPARED BY CLARK & STANT, P.C., 900 ONE COLUMBUS
CENTER, VIRGINIA BEACH, VIRGINIA 23462.
CARRIE L. GARDNER, JOHN B. NELSON,
THERESA R. NELSON, CECOLIA GORDON a/k/a
SECOLIA GORDON, RAYMOND LEE HAROLD a/k/a
RAYMOND LEE HARRELL, BESSIE V. SMILEY HYMAN,
ROSE a/k/a ROSA L. SMILEY DOWLING, CORRINE
E. SMILEY CONYERS, BEN SMILEY, EARL L.
SMILEY, ARTHUR L. SMILEY, JOHN R. SMILEY and
WILLIAM H. SMILEY, JR.
and
C & C DEVELOPMENT, L.L.C.,
a Virginia limited liability company
TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH,
a municipal corporation of
the Commonwealth of Virginia
THIS AGREEMENT, made this 25th day of May, 1996, by and
between CARRIE L. GARDNER, JOHN B. NELSON, THERESA R. NELSON,
CECOLIA GORDON a/k/a SECOLIA GORDON, RAYMOND LEE HAROLD a/k/a
RAYMOND LEE HARRELL, BESSIE V. SMILEY-HYMAN, ROSE a/k/a ROSA L.
SMILEY-DOWLING, CORRINE E. SMILEY CONYERS, BEN SMILEY, EARL L.
SMILEY, ARTHUR L. SMILEY, JOHN R. SMILEY and WILLIAM H. SMILEY, JR.
(collectively Grantor), of the one part, CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee, of
the other part, and C & C DEVELOPMENT, L.L.C., a Virginia limited
liability company ("C & C"), to be indexed as grantor;
WITNESSES THAT:
WHEREAS, the Grantor has initiated an amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition of
the Grantor addressed to the Grantee, so as to rezone the Grantor's
property, containing a total of 1.53 acres, from R-7.5 and B-2 to
B-1 Conditional, on certain parcels located at southeast
intersection of Newtown Road and Connie Lane, Bayside Borough, in
the city of Virginia Beach, Virginia; said property being referred
to hereinafter as the "Property," and being more particularly
described on Exhibit A, attached; and
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, through zoning
and other land development legislation; and
WHEREAS, the Grantor acknowledges that in order to
recognize the effects of change, and the need for various types of
uses, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally
applicable to land in the B-1 zoning classification are needed to
cope with the situation which the Grantor's proposed development
gives rise to; and
WHEREAS, the Grantor has voluntarily proffered in
writing, in advance of and prior to the public hearing before the
Grantee, as a part of the proposed amendment to the Zoning Map, in
addition to the regulations provided for in the B-1 zoning district
by the City Zoning Ordinance, the following reasonable conditions
related to the physical development and operation of the property,
which have a reasonable relation to the rezoning and the need for
which is generated by the rezoning and proposed development; and
2
WHEREAS, said conditions having been proffered by the
Grantor and allowed and accepted by the Grantee as part of the
amendment to the Zoning Ordinance, such conditions shall continue
in full force and effect until a subsequent amendment changes the
zoning on the property covered by such conditions; provided,
however, that such conditions shall continue despite a subsequent
amendment if the subsequent amendment is part of a 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 subject property at the time of
recordation of such instrument; provided, further, that said
instrument is consented to by the Grantee in writing, as evidenced
by a certified copy of an ordinance or a 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 said instrument as conclusive evidence of such
consent; and
WHEREAS, C & C has entered into a contract with Grantor
to purchase the three parcels constituting the Property and joins
in the execution of this Agreement to evidence its consent to the
provisions hereof.
NOW, THEREFORE, the Grantor, for itself, its successors,
personal representatives, assigns, grantees, and other successors
3
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, rezoning, site
plan, building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions as to the
physical development and operation of the Property and governing
the use thereof and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property,
which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantor, its successors,
personal representatives, assigns, grantees, and other successors
in interest or title, namely:
1. The use of remote loud speakers at the pick-up
window shall be prohibited. Pick-up window hours shall be limited
to the hours of 7:00 a.m. to 9:00 p.m.
Any uses of the Property that require a conditional
use permit from City Council shall continue to require a
conditional use permit, and City Council, by accepting this
proffer, does not automatically grant the right to place
conditional uses within the Property.
2. No vehicular ingress or egress shall be permitted
from the Property to any adjacent Residential District.
3. The interior roadways and all points of ingress and
egress to Newtown Road and Connie Lane shall be in substantial
conformity with the configurations designated on the Site Plan.
4
4 Grantor shall construct landscaping on the Property
substantially as shown on the landscape plan entitled "Conceptual
Planting Plan" dated February 6, 1996 and prepared by Langley and
McDonald, P.C., said exhibit being the same exhibit being submitted
to the City Council and on file in the Planning Department of the
City of Virginia Beach.
5. Lighting installed along the northern and eastern
boundaries of the Property shall be either directed inwardly toward
the Property, or if mounted on the exterior of the buildings,
shielded so as to prevent any direct reflection toward the adjacent
Residential Districts. In addition, the dumpster areas shall be
located substantially as shown on the Site Plan.
6. The exterior of the buildings shown on the Site Plan
shall be substantially similar in appearance to the architectural
renderings dated May 28, 1996 ("Rendering") , prepared by Williams,
Tazewell and Associates, said exhibit being the same exhibit being
submitted to the City Council and on file in the Planning
Department of the City of Virginia Beach. The architectural style
and the building materials to be used in the construction of the
buildings shall be substantially similar with the architecture and
building materials used in Rendering.
7. All improvements to be constructed by Grantor by the
terms of this proffer shall be constructed in substantial
accordance with the Site Plan.
It is recognized that further conditions may be required
during the administration of applicable City ordinances and that
5
there will be detailed site plan review to meet all applicable City
codes.
All references hereinabove to requirements and
regulations applicable thereto refer to the City Zoning Ordinance
of the City of Virginia Beach, Virginia, in force as of the date of
City Council action approving the amendment sought by the Grantor,
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 all necessary authority on behalf of the governing body
of the City of Virginia Beach, Virginia, to administer and enforce
the foregoing conditions, including (i) the ordering in writing of
the remedying of any noncompliance with such conditions, and
(ii) the bringing of legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction,
abatement, damages or other appropriate action, suit or
proceedings; (2) the failure to meet all conditions shall
constitute cause to deny the issuance of any 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, 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 subject
property on the map and that the ordinance and the conditions may
be made readily available and accessible for public inspection in
6
the office of the Zoning Administrator and in the Planning
Department and that 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.
C & C, by its execution hereof, consents to the
provisions of this Agreement and agrees that title to the Property
shall be governed by the provisions of this Agreement.
WITNESS the following signatures and seals.
or
CARRIE L.GARDNER
JOHN B. NELSON
THERESA C. NELSON
Tc,
CECOLIA GORDON a/k/a SECOLIA GORDON
44 d
RAYMOND LEE HAROLD a/k/a RAYMOND
LEE HARRELL
BESSIE V. SMILEY HYMAN
ROSE a/k/A ROSA L. SMILEY DOWLING
CORRINE E. SMILEY CONYERS
0
7
BEN SMILEY
EARL L. SMILE
ARTHUR L. SMILEY, Gl
JOHN R. SMILEY
WILLIAM H. SMILEY, JR.
C & C DEVELOPMENT, L.L.C.,
a Virginia limited liability company
By:
James D. Carr, Manager
STATE OF OHIO
CITY/COUNTY OF CUYAHOGA, to-wit:
I, CARRIE GARDNER, a Notary Public in and
for the State of Ohio, do hereby certify that CARRIE L.
GARDNER of Cleveland, Ohio, whose name is signed to the foregoing
instrument, bearing date of the 25th day of May, 1996,
has acknowledged the same before me in the city/county and state
aforesaid.
Given under my hand this 25th day of May,
1996.
Notary Yu
lqotaryPublic,St@it- cty.
my commission expires lq- ISSD
Oil
8
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, John B. Haworth, a Notary Public in and
for the State of Virginia at Large, do hereby certify that JOHN B.
NELSON of Virginia Beach, Virginia, whose name is signed to the
foregoing instrument, bearing date of the 25 day of May,
1996, has acknowledged the same before me in the-city an state
aforesaid.
Given under my hand this 24th day of June,
1996.
Notary Public
My commission expires
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, John B. Haworth, a Notary Public in and
for the state of Virginia at Large, do hereby certify that THERESA
R. NELSON of Virginia Beach, Virginia, whose name is signed to the
foregoing instrument, bearing date of the 25 day of May,
1996, has acknowledged the same before me in the city and tate
aforesaid.
Given under my hand this 24th day of June,
1996.
Notary Public
My commission expires zL3
9
COMMONWEALTH OF VIRGINIA
CITY OF Virginia Beach, to-wit:
I, Susan M. Smith, a Notary Public in and
for the Commonwealth of Virginia at Large, do hereby certify that*
CECOLIA GORDON a/k/a SECOLIA GORDON, of I
Virginia, whose name is signed to the foregoing instrument, bearing
date of the 25th day of May, 1996, has acknowledged the same
before me in the city and state aforesaid.
* J. Brian Donnelly, Guardian Ad Litum for
Given under my hand this 20th day of June,
1996.
Notary Public
my commission expires
COMMONWEALTH OF VIRGINIA
CITY OF Virginia Beach, to-wit:
I, Susan M. Smith, a Notary Public in and
for the Commonwealth of Virginia at Large, do hereby certify that
RAYMOND LEE HAROLD a/k/a RAYMOND LEE HARRELL of I
Virginia, whose name is signed to the foregoing instrument, bearing
date of the 25th day of May, 1996, has acknowledged the same
before me in the city and state aforesaid.
Given under my hand this 19th day of June,
1996.
Notary Public
My commission expires
10
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Susan M. Smith, a Notary Public in and
for the Commonwealth ot'Virginia at Large, do hereby certify that
BESSIE V. SMILEY HYMAN of 'Virginia, whose name is
signed to the foregoing instrument, bearing date of the 25th day of
May, 1996, has acknowledged the same before me in the city
and/state aforesaid.
Given under my hand this 19th day of June,
1996.
Notar@ublic
My commission expires
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Susan M. Smith a Notary Public in and
for the Commonwealth ot Virginia at Large, do hereby certify that
ROSE a/k/a ROSA L. SMILEY DOWLING of I Virginia,
whose name is signed to the foregoing instrument, bearing date of
the 25th day of May, 1996, has acknowledged the same before
me in the city and state 'aforesaid.
Given under my hand this 15th day of June,
1996.
Notary Public
my commission expires "e,
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Susan M. Smith a Notary Public in and
for the Commonwealth of Virginia at Large, do hereby certify that
CORRINE E. SMILEY CONYERS of - , Virginia, whose name
is signed to the foregoing instrument, bearing date of the 25th day
of May, 1996, has acknowledged the same before me in the city
and state aforesaid.
Given under my hand this 15th day of June,
1996.
Notary Public
My commission expires @ld@lif
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Susan M. Smith a Notary Public in and
for the Commonwealth of Virginia at Large, do hereby certify that
BEN SMILEY SR. by Rosa L. Dowling, his ATTY, in fact, of Virginia, whose name is signed to
the foregoing instrument, bearing date of the 25th day of
May, 1996, has acknowledged the same before me in the city
and state aforesaid.
Given under my hand this 20th day of June,
1996.
Notary'Public
My commission expires
12
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Susan M. Smith, a Notary Public in and
for the Commonwealth of Virginia at Large, do hereby certify that
EARL L. SMILEY,SR. by ROSA DOWLING, HIS ATTY IN FACT, whose name is signed
to the foregoing instrument, bearing date of the 25th day of
May, 1996, has acknowledged the same before me in the city
and state aforesaid.
Given under my hand this 17th day of June,
1996.
Notary/Public
My commission expires J./D
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Susan M. Smith, a Notary Public in and
for the Commonwealth of Virginia at Large, do hereby certify that
ARTHUR L. SMILEY, SR. BY ROSA L. DOWLING, HIS ATTY IN FACT, whose name is signed
to the foregoing instrument, bearing date of the 25th day of
May, 1996, has acknowledged the same before me in the city
and state aforesaid.
Given under my hand this 20th day of June,
1996.
Notary Public
My commission expires
13
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Susan M. Smith a Notary Public in and
for the Commonwealth of Virginia at Large, do hereby certify that
JOHN R. SMILEY of , Virginia, whose name is signed
to the foregoing instrument, bearing date of the 25th day of
May, 1996, has acknowledged the same before me in the city
and state aforesaid.
Given under my hand this 20th day of June,
1996.
Notary Public
My commission expires
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Susan M. Smith, a Notary Public in and
for the Commonwealth of Virginia at Large, do hereby certify that
WILLIAM H. SMILEY, JR. of , Virginia, whose name is
signed to the foregoing instrument, bearing date of the 25th day of
May, 1996, has acknowledged the same before me in the city
and'state aforesaid.
Given under my hand this 15th day of June,
1996.
Notary Public
My commission expires
14
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Gaynelle F. Butcher, a Notary Public in and
for the Commonwealth of Virginia at Large, do hereby certify that
James D. Carr, Manager of C & C Development, L.L.C., a Virginia
limited liability company, whose name is signed on behalf of the
company to the foregoing instrument, bearing date of the 25th day
of June, 1996, has acknowledged the same before me in the city
and state aforesaid.
Given under my hand this 25th day of June, 1996.
Notary Public
My commission expires @ 3,0,
19290049/proffer.eah
15
EXHIBIT A
ALL THAT certain tract, piece or parcel of land, situated in the
City of Virginia Beach (formerly Princess Anne County), Virginia,
as shown on the plat of the property designated an "SURVEY FOR
DIVISION OF TRACT ON SAYSIDE RD. PRINCESS ANNE COUNTY, VIRGINIA,
FOR ARNECY RIDDICK AND GLADYS LEWIS, GDN. FOR WILLIS THOMAS POOLE",
made by S. W. Armistead, C.E., Aug. 3, 1939, and more particularly
bounded and described as follows:
BEGINNING at a point in Bayside Road, Forty four (44) feet from the
point where the dividing line between the property of Armecy
Riddick and Gladys Lewis, Gdn. for Lewis Thomas Poole intersects
the eastern side of Bayside Road, and from such point running in an
easterly direction, one hundred and Seventy Eight (178) feet more
or less; thence in a northerly direction, fifty three (53) feet
more or less to a point in the said dividing line, thence in a
westerly direction, one hundred and seventy eight (178) feet more
or less to the point of intersection of said dividing line with
Bayside Road, and thence in a southerly direction forty four (44)
feet, to the point of beginning in Bayside Road aforesaid.
IT BEING the same property conveyed to Emma Baldwin by deed from
Armecy Riddick, dated May 26, 1942, recorded in Deed Book 215, page
219. The said Emma Victoria Baldwin died testate on March 18,
1977, and by copy of her will filed in Will Book 51, page 507, she
devised her estate to her daughter, Carrie L. Gardner.
LESS AND EXCEPT Parcel 046 containing 58 sq. ft conveyed to the
City of Virginia Beach, Virginia, by deed dated April 23, 1983,
from Carrie L. Gardner, widow, recorded in Deed Book 2256, page
1188.
GPIN #1468-31-3182-0000
Parcel 2
All those certain lots, pieces or parcels of land, with the
buildings and improvements thereon, situate, lying and being in the
City of Virginia Beach, Virginia, and known, numbered and
designated as "PARCEL 045 (DIAMOND SPRINGS ROAD PROJECT) 0.927 AC.
(NOT INCLUDING 20' STRIP)" AND "20' STRIP TO BE CONVEYED TO
ADJOINING PARCEL 045 - NOT A SEPARATE BUILDING SITE 2,879 S.F.
0.047 AC." as shown on that certain plat entitled "R/W DEDICATION
PLAT PARCEL 045 (DIAMOND SPRINGS ROAD PROJECT) BAYSIDE BOROUGH,
VIRGINIA BEACH, VIRGINIA TO THE CITY OF VIRGINIA BEACH, VIRGINIA
FROM NEWTOWN ASSOCIATES", dated Jan. 10, 1986, made by Bench Mark,
Inc., which said plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Deed Book
2482, Page 56.
IT BEING the same property conveyed to JOHN B. NELSON and THERESA
C. NELSON, husband and wife, tenants by the entirely, with the
right of survivorship by deed from Mark H. Mapp, substitute
Trustee, dated June 23, 1992, recorded in Deed Book 3100, page 574.
GPIN #1468-31-5116-0000
Parcel 3
All that certain lot, piece or parcel of land, with the buildings
and improvements thereon, situate, lying and being in the City of
Virginia Beach, Virginia, and known, numbered and designated as
PARCEL 'B', 0.341 Ac., as shown on that certain plat entitled
"AMENDED SUBDIVISION OF THE ARMECY RIDDICK ESTATE (W.B. 62, P. 121)
(M.B. 198, P. 93) FOR ARTHUR SMITH", Bayside Borough - Virginia
Beach, Scale: 1" = 25' February, 1990, which said plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 202, Page 46.
IT BEING a part of the same property conveyed to Armecy Riddick by
deed from Jerry Poole and Mary Poole, dated September 26, 1939,
recorded in Deed Book 201, page 201. The said Armecy Riddick died
testate on December 1`, 1966, and by her will probated on February
9, 1982, devised a portion of this property to her daughter,
Secolia Gordon for life, and then to Raymond Lee Harrell, and a
portion of this property to her daughter, Dorothy M. Smiley who
died intestate on July 24, 1981 and her interest in the property
passed to her heirs at law, as set forth in the List of Heirs dated
December 31, 1986 and recorded in the Virginia Beach Circuit Court
Clerk's Office in Will Book 71 at page 106: Raymond L. Harold
(also known as Raymond Lee Harrell); William H. Smiley, Jr., Bessie
V. Smiley Hyman; Arthur L. Smiley; Ben Smiley; John R. Smiley;
Corrine E. Smiley Conyers; Rose a/k/a Rosa L. Smiley Dowling and
Earl L. Smiley.
GPIN #1468-31-4092-0000
- 39 -
Item IV-K 7
PUBLIC HEARING ITEM # 41252
PLANNING
Eric Hauser, Clark and Stant, P.C, represented the applicant and advised the application involves the
establishment of a Rite Aid Pharmacy.
Wesley E. Simmons, 637 Lawrence Drive, Phone: 499-8720, represented Newsome Farms Civic League,
and requested a stipulation of a traffic signal at Connie Lane.
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon Application of C & C DEVELOPMENT, L.L.C., for a Change of Zoning District
Classification:
ORDINANCE UPON APPL[CATION OF C & C DEVELOPMENT, L.L.C.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
7.5 and B-2 to CONDITIONAL B-1 Z09961501
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of C & C Development, L.L.C for a Change
of Zoning District Classification from R-7.5 Residential District andB-2
Community Business District to Conditional B-1 Neighborhood Business
District on certain property located at the southeast corner of Newtown
Road and Connie Lane. The proposed zoning classification change to
Conditional B-1 is for commercial land use. The Comprehensive Plan
recommends use of this parcel for suburban medium density residential
at densities that are compatible with single family use in accordance with
other plan policies. Said parcel contains 1.53 acres. BAYSIDE
BOROUGH.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
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-fourth of September,
Nineteen Hundred and Ninety-Six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Meinbers Voting Nay:
None
Council Meinbers Absent-
None
September 24, 1996
40 -
Item IV-K.8
PUBLIC HEARING ITEM # 41253
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an
Ordinance upon Application of ALLEN L. PYLE/BIRDNECK POINT COMMONS, L.C., for a Change
of Zoning District Classificaiton:
ORDINANCE UPON APPLICATION OF ALLEN L. PYLE/BIRDNECK
POINT COMMONS, L.C. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-1 TO B-1A Z09961499
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Allen L. Pyle/Birdneck Point Commons,
L.C for a Change of Zoning District Classification from B-1
Neighborhood Business District to B-1A Limited Community Business
District on the south side of Laskin Road, west of Birdneck Road. The
proposed zoning classification change to B-1A is for limited commercial
land use. The Comprehensive Plan recommends use of this parcel for
retail/service use in accordance with other Plan policies. Said parcel is
located at 1201 Laskin Road and contains 1.23 acres. LYNNHAVEN
BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beack Virginia, on the Twenty-fourth of September,
Nineteen Hundred and Ninety-Six.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf, Nancy K Parker and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
)rice Mayor William D. Sessona, Jr.
Council Meinbers Absent:
None
Vice Mayor Sessonm ABSTAINED due to bank related business.
September 24, 1996
- 41
Item IV-K.9
PUBLIC HEARING ITEM # 41254
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED an
Ordinance upon application of VIRGINIA BEACH FEDERAL SAVINGS BANK for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH FEDERAL
SAVINGS RANK FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM I-1 TO B-2 Z09961500
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Beach Federal Savings Bank for
a Change of Zoning District Classification from I-1 Light industrial
District to B-2 Community Business District on the south side of
Greenwich Road, 150 feet more or less east of Newtown Road. The
proposed zoning classification change to B-2 is for commercial land use.
The Comprehensive Plan recommends use of this parcel for
business/research center use in accordance with other Plan policies. Said
parcel is located at 5792 Greenwich Road and contains 1.13 acres.
BAYSIDE BOROUGH.
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-fourth of September,
Nineteen Hundred and Ninety-Six.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba & McCianan, Mayor Meyera E. Oberndo?f
Nancy K Parker, Irice Mayor William D. Sessoms, Jr and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W Harrison, Jr
Council Meinbers Absent.
None
Counci@ Harrison ABSTAINED due to business relationship.
CounciLman Jones DISCLOSED it is his understanding this application is for the purpose of
accommodating a funeral home and he wished it clarified he is not an owner nor has an interest in the
funeral home.
September 24, 1996
- 42 -
Item IV-K10 a.
PUBLIC HEARING ITEM # 41254
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED
INDEFINITELY, Ordinance in the petition of the City of Virginia Beach for the discontinuance, closure
and abandonment of a portion of Virginia Place:
Petition of the City of Virginia Beach for the discontinuance, closure and
abandonment of a portion of Virginia Place beginning at the Eastern
boundary of Washington Avenue, running in an Easterly direction 160.78
feet along the Northern property line, containing 6316 square feet
(LYNNHAVEN BOROUGH).
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
September 24, 1996
- 43 -
Item IV-K.10 b.
PUBLIC HEARING ITEM # 41255
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED
Ordinance in the petition of the City of Krginia Beach for the discontinuance, closure and abandonment
of a 20-foot alley located between Virginia Beach Boulevard and 18th Street:
Petition of the City of Virginia Beach for the discontinuance, closure and
abandonment of a 20-foot alley located between Virginia Beach
Boulevard and 18th Street, beginning at the Western boundary of Parks
Avenue and running in a Westerly direction 361.06 feet along the
Northern property line, containing 7248 square feet (LYNNHAVEN
BOROUGH).
The following conditions shall be required:
1. A plat must be submitted that subdivides the property and
vacates internal lot lines to incorporate the closed area into the
adjoining parcel. No lot may be left without frontage on a
public right-of-way.
2. If any private utilities are located within the right-of-way
proposed for closure, appropriate easements must be dedicated.
It appears that there are no private utilities located within this
right-of-way.
3. An easement is required, satisfactory to Public Utilities, over
the existing eight-inch (8) gravity sewer line located within
the portion of this alley proposed for closure. Relocation of
this line is another possible option.
4. Closure of the right of way shall be contingent upon
compliance with the above-stated conditions by 25 February
1997.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessonw, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent:
None
September 24, 1996
- 44 -
Item IV-K.10 c.
PUBLIC HEARING ITEM # 41256
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED
INDEFINITELY Ordinance upon application of the City of Virginia Beach for a Condidonal Use
Permit:
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CONDITIONAL USE PERMIT FOR A 125-FOOT
MONOPOLE ANTENNA TOWER
Ordinance upon application of the City of Virginia Beach, Virginia, for
a Conditional Use Permit for a 125-foot monopole antenna tower on
property located on the west side of Bendix Road beginning at a point
800 feet more or less south of Bonney Road Said parcel contains
30,9276 square feet. KEMPSVILLE BOROUGH.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, trice Mayor William D.
Sessoiw, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
September 24, 1996
- 45 -
Item IV-K-10 d.
PUBLIC HEARING ITEM # 41257
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED
Ordinance upon application of the City of Virginia Beach:
AMEND and REORDAIN Section 4.1 of the Siee Plan Ordinance re
number of plans that must be submitted to the City for site plan review.
Voting: 10-1 (By Consent)
Council Meinbers Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E.
Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Votzng Nay:
Reba & McClanan
Council Members Absent:
None
September 24, 1996
1
2 AN ORDINANCE CHANGING THE NUMBER OF
3 COPIES OF SITE PLANS TO BE SUBMITTED
4 FOR DEVELOPMENT REVIEW
5 SECTION AMENDED: SITE PLAN ORDINANCE §4.1
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Appendix C, Section 4.1 of the Site Plan ordinance of the
10 City of Virginia Beach, Virginia, is hereby amended and reordained
11 to read as follows:
12 Sec. 4. Information required on site development plan.
13 4.1. A site plan, prepared, stamped and
14 endorsed by a registered engineer, surveyor or other persons duly
15 licensed by the Commonwealth of Virginia to practice as such, shall
16 be submitted with every application for approval. A sufficient
17 number of copies of the site plan shall be submitted, as the
18 Planning Director shall require, and shall contain the following
19 information:
20 . . .
21 Adopted by the City Council of the City of Virginia Beach on
22 this 24th day of September, 1996.
23 CA-6388
24 DATA/ORDIN/PROPOSED/46-4-1.ORD
25 JULY 24, 1996
26 R2
- 46 -
Igem IV-K.10 e.
PUBLIC HEARING ITEM # 41258
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED
Ordinance upon application of the City of Virginia Beach:
AMEND and REORDAIN Section 6.3 of the Subdivision Ordinance re
additional information required on final plats.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
@n A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba R McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absen
Non e
September 24, 1996
1
2 AN ORDINANCE ADDING ADDITIONAL
3 REQUIRED INFORMATION TO FINAL PLATS
4
5 SECTION AMENDED: SUBDIVISION REGULATIONS §6.3
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6.3 of the Subdivision Regulations of the City of
9 Virginia Beach, Virginia, is hereby amended and reordained to read
10 as follows:
11 Sec. 6.3. Final plats and data.
12
13 (f) All linear and angular dimensions for locating boundaries
14 of the subdivisions, lots, streets, alleys, public and
15 private easements. Linear dimensions shall be expressed
16 in feet and hundredths of a foot. Angular measurements
17 shall be expressed by bearings. All curve data shall be
18 expressed by a curve table on the face of the plat, each
19 curve being tabulated and numbered to correspond with the
20 respective numbered curves shown on its respective sheet
21 throughout the plat. The curve data shall include the
22 curve number, arc, delta, radius, tangent, chord and the
23 chord bearing. Dimensions, both linear and angular, shall
24 be determined by an accurate control survey in the field
25 which shall be checked for closure and must balance and
26 close within 1 to 10,000. Horizontal control shall be
27 based on the Virginia State Plane Coordinate Grid System
28 ±n a eeerdinate table !seated on the faee ef the plat..
29 South Zone, NAD 1983. A minimum of two (2) coordinate
30 values must be shown on each sheet of the plat, expressed
31 in international feet (one foot equals 0.3048 meters) . No
32 plat showing plus or minus distance will be approved.
33 Plan and profile sheets shall be provided on all new
34 streets and underground utilities, as required by
35 specifications of the department of public works or
36 department of public utilities, as approved by the
37 council of the City of Virginia Beach. The director of
38 public works or director of public utilities may require
39 such office and field checks, respectively, as necessary
40 to assure the accuracy of the plat.
41 (g) Description and location of all monuments, found or set,
42 shall be shown on the face of the plat and clearly
43 indicated in a legend Provided on at least one sheet.
44 . . .
45 (1) Widths and names of abutting or adjoining roads, streets
46 and alleys. along with the Map Book or Deed Book
47 reference for the existing right-of-way.
48 (m) A definite bearing and distance tie shall be shown
49 *************************************************
50 ************************************** to existing
51 street intersections where possible and reasonably
52 convenient.
53 . . .
54 (z) Every final Plat shall contain a note that states the
55 following: "THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON
56 THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE,
57 NAD 1983. COORDINATE VALUES SHOWN ARE EXPRESSED IN
58 INTERNATIONAL FEET (ONE FOOT EQUALS 0.3048 METERS)."
59 Adopted by the City Council of the City of Virginia Beach on
60 this 24th day of September, 1996.
61 CA-6328
62 DATA/ORDIN/PROPOSED/47-6-3.COM
63 JULY 16, 1996
64 R2
2
47 -
Item IV-K.L.1.
APPOINTMENTS ITEM # 41259
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
AGRICULTURAL ADVISORY COMMISSION
David R. Flanagan
4 Year Tenn
10/01/96 - 09/30/2000
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Lin@ abranc,% III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessonw, Jr and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
September 24, 1996
- 50 -
item IV-ILL.4.
APPOI
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
PUBLIC LIBRARY BOARD - STUDENT
Britney Evers
1 School Year
09/01/96 - 06/30/97
Voting: 11-0
Council Members Voting Aye:
J6hn A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
September 24, 1996
- 48 -
Item IV-K.L.2.
APPOINTMENTS ITEM # 41260
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
HISTORICAL REVIEW BOARD
Roland E. Hargrove, Sr.
Elizabeth (Betty) F. McClane
2 Year Terms
11/01/96 - 10/31/98
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, P'zce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
September 24, 1996
- 49 -
Item IV-K.L.3.
APPOINTMENTS ITEM # 41261
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
HUMAN RIGHTS COMMISSION
C. Max Bartholomew, Jr.
Unexpired thru 01/31/98
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck 111, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Trice Mayor William D.
Sessoym, Jr. and Louisa M. Sfrayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
September 24, 1996
- 51 -
Item IV-K.L.5.
APPOINTMENT ITEM # 41263
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
REVIEW AND ALLOCATION COMMITTEE (COIG)
Linwood O. Branch III
No Term
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck% III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
September 24, 1996
- 52 -
Item IV-K.L.6.
APPOINTMENTS ITEM # 41264
Upon NOMINATRON by Vice Mayor Sessoms, City Council APPOINTED:
SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP)
Elizabeth (Betty) F. McClane
Unexpired thru 12/31/99
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D
Sessonw, Jr. and Louisa M. 9rayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
September 24, 1996
- 53 -
Item IV-K.L.7.
APPOINTMENTS ITEM # 41265
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
WETLANDS BOARD
Frank V. Lane
5 Year Term
10/01/96 - 09/30/2001
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
September 24, 1996
- 54 -
Item IV-N.1.
NEW BUSINESS ITEM # 41266
BY CONSENSUS, City Council:
VIRGINIA MUNICIPAL LEAGUE (VML)
Certification of Voting Delegates
19% Conference - October 20-22
Voting Delegate: Mayor Meyera E. Oberndorf
Alternate Voting Delegate: Council Member Nancy K. Parker
September 24, 1996
- 55 -
Item IV-O.1.
ADJOURNMENT ITEM # 41267
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:35 P.M.
(0- -@- - - - -r@ @,, /" - - - -
Beverly 0.@ooks, CMCIAAE
Chief Deputy City Clerk
------- -- ----- --------------------------
Ruth Hodges Smit.% CMCIAAE Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
September 24, 1996