SEPTEMBER 18, 1989
"WORLD'S LARGEST RESORT CITY"
CIT'Y COUNCIL
MAMR M@EM E OMM@W. A, L-,
VIU WYOR WURT E FEMrnM.
ALUE@ W @0, L,-- B-h
JOHN X -UM. @. &"h
M@ HEI@K A, @,.
M@ M. HEN@. 1- B-h
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JOHN 0. @ @@6 -h
M@ X PARKEIL A, L,,
)OHN L PEMY. &,& @
MW" D. @.% JR..
281 CrrY HAU BUILDING
MU,VICIP@ CEgrER
AU@ V. WAM. /k. c@, M-- CITY COUNCIL AGENDA VIRGINIA BEACH. VIRGINIA 23456-9002
J. @ NMWN, C@, Al@ (M) 4274303
R@H @ES WffH. @Cl@. Cio C@k
SEPTEMBER 18, 1989
ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room 12: NOON
A. CITY COUNCIL CONCERNS
ITEM 11. INFORMAL SESSION - Conference RDom 1:00 PM
A. CALL TO ORDER - Voyor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION Council Chaml>er - 2:00 PM
A. 'INVOCATION: Reverend Donald Murray
Providence Friends Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - September 11, 1989
F. PUBLIC HEARING
1. PLANNING
a. Ordinance for the discontinuance, closure and abandonment of a
portion of Bayside Road beginning at a point 500 feet more or
less Sou+hwest of the Northern termlnus of Air Rail Road
(BAYSIDE BOROUGH), In the petition of ROBERT J. RUHL,
DEPARTMENT OF ECON041C DEVELOPMENT.
Deferred for cornpliance October 10, 1988, April 10, 1989,
August 28, 1989 and September 11, 1989
Recommendation: FINAL APPROVAL
b. Applications for Change of Zoning District Classifications
(PRINCESS ANNE BORDUGH):
FERRELL PARKWAY ASSOCIATES, INC. from R-20 Residential District
to 0-2 Office District on the North side of Proposed Ferrell
ParRway, 900 feet more or less West of General Booth Boulevard,
containing 1.7 acres;
AND,
THE CITY OF VIRGINIA BEACH frcm 0-2 Office District to R-20
Rosidential District on the Southwest side of Strawbridge Road,
400 feet more or less tbrthwest of General Booth Boulevard,
containing 2.3 acres.
Recommendation: APPROVAL
c. Applications of HOLLYBAR HOMES, INC. for Conditional Zoning
Classfflcations (KB4PSVILLE BOROUGH):
Frorn AG-1 A_qricultural District to R-7.5 Residential District
at the Southern extremlty of Sherman Oaks Avenue, containing
13.4 acres;
AND,
From R-15 Residential District to R-7.5 Residential District
South of Sherman Oaks Avenue at the Southern extremity of
Jessica Lane, containing 21.7 acres.
Recommendation: APPROVAL
d. Application of SMITH CORNER MOTORS TOYOTA, INC. for a
C,onditional Use PerTnit for motor vehicle sales on a portion of
Lots 15-22 and 38-40, all of Lots 41-44, Block 28, Euclid Place
and 40 feet of closed Brian Avenue bounded on the North by
Virginia Beach Boulevard and on the South by Admiral Wright
Road (5033 Virginia Beach Boulevard), containing 39,204 square
feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
e. Application of EDWARD B. and JEAN M. SNYDER, Trustees Snyder
Family Trust, and CHECKERED FLAG MOTOR CAR CO., INC. for a
Conditional Use Permit for automobile sales (new and used),
service parts and auto accessories at the Southeast corner of
Virglnia Beach Boulevard and tbrth Lynnhaven Road, containing
17,424 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
f . Appl ication of JOSEPH DESIMONE, JR., T/A DESIMONE'S AUTO BODY
for a Conditional Use PerTnit for autanobile r,3palr garag,5
@th.ar
(expansion) on the Northeast side of Euclid Road, S. 't f
leveland Street (4998 Euclid Road, Suites 101 and 102),
containing 17,424 square feet (BAYSIDE BOROUGH).
Recommendation: APPRO"L
g. Application of CONTEL CELLULAR, INC. for a Conditional Use
PerTnit for a communications tower on the North side of Muddy
Creek Road, 2904 feet more or less East ot Princess Anne Road,
containing 2.943 acres (PUNGO BOROUGH).
Recamendation: APPROVAL
h. Application of DOMINGO TAN for a Variance to Section 4.4(b) of
the Subdivision Ordinance which requires all lots created by
subdivision to meet all requirements of the Zoning Ordinance
(1117 Thompkins Lane) (KEMPSVILLE BOROUGH).
Recommendation: DENIAL
i. Petition of LOIZOU, INC., T/A A&G AUTO SALES for the
discontinuance, closure and abandonment of a portion of Broad
Street beginning at the Western boundary of Southgate Avenue
and running In a Westerly direction a distance of 125 feet,
said parcel being 60 feet in width and containing 7,500 square
feet (BAYSIDE BOROUGH).
Recommendation: DENIAL
J. Application of WILLIAMS CORPORATION OF VIRGINIA for a
Conditional Use Permit for a borrow pit on the East side of
Seaboard Road, 3800 feet more or less Northwest of the
Intersection of Seaboard Road and Princess Anne Rc)ad
(2893 Seaboard Road), containing 247.33 acres (PRINCESS ANNE
BOROUGH).
Recommendation: DENIAL
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion In the form listed. If an Item Is removed from the Consent
Agenda, It will be dlscussed and voted upon separately.
1. Resolution to authorize the City Manager to proceed with completion
of the final design, obtain concurrence of the Virginia
Transportation Board and acquire all rights-of-way necessary for
LONDON BRIDGE ROAD, Phase 1.
2. Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach,. Virginia, by AMENDING Section 21-33 and ADDING Section
21-33.1 re motor vehicles and Traffic Code.
3. Ordinance authorizing the City Manager to execute a Deed of
Easement with Federal National M:)rtgage Association to grant an
easement across a triangular shaped, unnunbered lot owned by the
City designated and described as 11151 lngress/egress easementfl,
Shadowlawn Heights.
I
4. Ordinances, upon SECOND READING, to ACCEPT and APPROPRIATE State
Grant Funds to the FY 1989-90 Library Department Operating Budget:
a. $13,967 LSCA Titie I Subregional Grant for the Blind
b. $ 1,832 LSCA Large Print/Recorded Books
5. Ordinance, upon FIRST READING, to APPROPRIATE $160,000 to the
Department of Nontat Health/Mental Retardation and Substance Abuse
for enhancements to Departmental operations.
6. Ordinance to DECREASE appropriations by $185,000 to offset a
reduction In estimated revenue for obstetrical services; and, to
authorize the City Manager to enter Into a Contract for obstetrical
services.
7. LOW BIDS
a. CONTRACTORS PAVING General Booth Boulevard $4,264,847.06
CCMPANY, INC. Phase 11 (CIP 2-910)
b. MEREDITH AND DRAKE Bow Creek Recreation $2,811,104.00
Center (CIP 4-926)
c. ASPHALT ROADS & 1989-90 BitLrnlnous $ 822,520.00
MATERIALS CO., INC. Concrete @intenance
Schedule - Contract 11
d. S. B. BALLARD Boardwalk Revitalization/ $ 487,800.00
CONSTRL)CTION, INC. Oceanfront Connector Parks
Phase lll-S (CIP 2-048/2-066)
e. CONTRACTORS PAVING 1989-90 Bituninous $ 251,750.15
COMPANY, INC. Concrete Prof I le and
Resurfacing Schedule,
Contract I
f. DOREY ELECTRIC CCMPANY Traffic Signal $ 42,217.35
Rosemont Road/Dahlia Drive
(CIP 2-816)
H. UNFINISHED BUSINESS
1. NEW BUSINESS
1. SOUTHEASTERN EXPRESSWAY - Proposed VDOT PLAN
Council Lady tkc]anan to sponsor Donald D. Kyle
2. CANCEL,/RESCHEDULE CITY COUNCIL SESSION:
Monday, November 27, 1989
(66th Annual National League of Cities Conference)
J. ADJOURWENT
SPECIAL FORMAL SESSION
12:30 PM - Tuesday, September 25, 1989
Bid Closing - $40,210,000 G 0 Bonds
Establish Interest Rate - $2,000,000 MINIBONDS
SEPT04BER 25, 1989
APTA CONFERENCE
ROSH HASHANNAH: SEPTD4BER 30, 1989
(Not a scheduled Session)
OCTOBER 9, 1989
YOM KIPPUR
(Rescheduled to October 30, 1989)
OCTOBER 16, 1989
VIRGINIA MUNICIPAL LEAGUE
(Rescheduled to October 30, 1989)
mim
9/14/89
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 18, 1989
The VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E.
Oberndorf in the Conference Room, City Hall, on Monday, September 18, 1989, at
12:00 NOON.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, liarold Heischober, Barbara M. Henley
Reba S. McClanan, John D. Moss, Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms.
Council Members Absent:
None
- 2 -
IT EMS OF T HE C IT Y MANA GE R
TTEM # 31796
The City Manager distributed correspondence dated September 15, 1989, from E.
Carlton Bowyer, Division Superintendent, Virginia Beach City Public Schools.
Said letter referenced the application of WILLIAMS CORPORATION OF VIRGINIA for
a Conditional Use Permit for a borrow pit on the East side of Seaboard Road and
registered concern for the safety of students. There will be an increase in
traffic on Seaboard Road during the times when school buses are transporting
students.
ITEM # 31797
The City Mana-er distributed the DRAFR publication entitled: "Hampton Roads
Local Government Funding Situation" from the Mayor's and Manager's Regional
Group. The more formal document will be forwarded to City Council upon receipt.
- 3 -
M A Y 0 R ' S C 0 N C E R N S
ITEM # 31798
BY CONSENSUS, City Council APPOINTED the Voting Delegate and Alternate Voting
Delegates to the NATIONAL LEAGUE OF CITIES Annual Conference in Atlanta,
Georgia, November 25-29, 1989:
VOTING DELEGATE Mayor Meyera E. Oberndorf
ALTERNATE VOTING DELEGATES Councilman Albert W. Balko
Robert R. Matthias
Intergovernmental Relations Co-ordinator
- 4 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 31799
Councilwoman Henley distributed a DRAFT copy of the proposed policy, entitled
"Transportation Services Program for Citizens Disabilities", to bring on-line
the wheelchair lift equipped buses in concert with the transit system. It will
probably be this time next year before the policy is in effect, thus allowing
ample time for discussion.
With the apparently eminent mandate from Congress that all buses be wheelchair
lift-equipped, the Tidewater Transportation District Commission has just
received 20 new wheelchair lift-equipped buses with 20 more to be shipped in
January and another 20 in August 1990. Of course, it will be some time before
all the buses are lift-equipped and this whole policy will go into effect. The
TTDC does not propose eliminating handi-rides, as there will be situations
where the "curb to curb" personalized service is needed.
All copies of this DRAFR policy have been forwarded to disabled agencies.
PUBLIC HEARINGS and discussions will be forthcoming.
On September 17, 1989, TRT implemented a time transfer system. Councilwoman
Henley referenced two brochures (Direct Transfer Map and Direct Transfer
Schedule) explaining the system. Time transfer is an innovative method of
running the bus system. There is no other time transfer system in the United
States. Time transfer sets up specific points where the routes will meet
simultaneously and allow for better transfer. On the map in the brochure, the
transfer lines are delineated In Virginia Beach, the Hilltop Point and the
Pembroke Point will be transfer points. It will necessitate approximately three
years to totally phase in all of the bus routes to enable the entire system to
be on time transfer. It is extremely difficult to massage the routes to make
them all come at the same time. Time transfer allows the routes to run at the
same time every hour. Hopefully, a point will be passed at the same time every
hour. The Schedules are included in the "blue" brochure. From sensors being
placed on the top of each bus and along the poles on the route, TRT will be
able, from the communications center, to denote the location of each bus at all
times. All buses are also radio-equipped to maintain better communication. TTDC
has attempted not to change rider boarding times more than fifteen (15)
minutes.
In response to Councilman Perry, Councilwoman Henley advised that initially
Route 36 around flilltop, was to be eliminated at Great Neck; but, after the
Public Hearing, Route 36 was changed. The eastern 'half of the route was split
and a new route was instituted. This is the least service available but was
better than cutting back completely. Councilwoman Henley suggested a maxi-ride
route be utilized in the area of the Hilltop Transfer Station, the Hospital
and the Elderly Housing, as the public expressed the majority of concern
relative this area. Maxi-ride is a van service that is wheelchair lift-equipped
but for everyone, not just the disabled. This service is utilized in a small
area and does not go out of its route area. Although available in other
cities, Virginia Beach has not utilized the maxi-ride system.
Mayor Oberndorf and Vice Mayor Fentress complimented Councilwoman Henley's
Chairmanship. Councilwoman flenley has been able, in the past year to accomplish
needs which citizens have requested for the past nine years.
ITEM # 31800
Councilman Moss referenced the DRAFT publication entitled: "Hampton Roads Local
Govertment Funding Situation", which he had received and reviewed this weekend.
Councilman Moss requested a profile of the Interstate projects in the State of
Virginia (the competition and dollar values). It seems as if 1-64 between I-44
and Greenbrier is not getting any closer to fruition with the funding
shortages.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31801
Councilman Sessoms requested a report relative "Gangs in Virginia Beach" be
provided to City Council.
ITEM # 31802
Councilman Balko referenced the State Highway Project on Virginia Beach
Boulevard and the signs on the traffic lights at the side roads. Councilman
Balko advised in the future, when a road job is performed, the street sign be
put up at the same time the traffic light goes up, even though the traffic
light is not activated.
ITEM # 31803
Councilwoman Henley advised she attended the Growth Management Seminar in
Williamsburg on Thursday, Friday and Saturday (September 14, 15 and 16). There
were five basic questions which the various Workshops pondered and
recommendations were developed to be forwarded to the General Assembly.
Councilwoman Henley will forward copies of her working documents to Members of
City Council. Councilwoman Henley advised Councilman Baum she urged fairness
and equity in property values.
ITEM # 31804
Councilman Perry inquired whether the City Council had given John and Katherine
Miller (palm readers) permission for their non-conforming use to increase the
height of their building as same has been increased. This appears to be a
violation of their Conditional Use.
ITFJ4 # 31805
Councilman Perry referenced cars supposedly for sale on a lot on the corner of
Baker Road and Lake Edward Drive. There is a sign indicating a forthcoming
Planning Commission Hearing for a rezoning; however, at the present time all
the cars have prices. The City Manager will investigate.
ITEM # 31806
Councilman Perry referenced Buddy's Bait Barn. which is flooding that area.
Councilman Perry said the telephone company was working in this location, but
this hole must be filled.
- 6 -
ITEM # 31807
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, September 18, 1989, at 12:26 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Absent:
None
- 7 -
ITEM # 31808
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-
344(A)(1). (1) City Council appointed boards and commissions. (2) City
Attorney position.
2. 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, pursuant to Section 2.1-344(A) (3).
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. ilIcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 8 -
ITEM # 31809
At 1:00 P.M., September 18, 1989, the doors opened and City Council RECONVENED
the INFORMAL SESSION. Upon motion by Councilman Moss, seconded by Councilman
Sessoms, City Council AMENDED the previous motion to RECESS TO EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia:
To discuss the creation of and appointment to a new
Commission to deal with the opportunity provided by
Labor Day, including the appointment of persons,
their charter and the staff to assist the
Commission.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice t4ayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
CITIZENS ATRENDING MTION: 2 Police Officers, Kathleen Hassen, Annette Dickey
and Deborah Spivey, 252 South Witchduck Road, Virginia Beach, Virginia 23462.
1
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
September 18, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BF-ACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
September 18, 1989, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Donald Murray
Providence Friends Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
Item III-D.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 31810
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
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 motions convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice !Aayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, @layor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry* and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council @tembers Absent:
None
"Verbal Aye
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
S: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public business matters as
were identified in the motions convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council voted to
proceed into EXECUTIVE SESSION to consider:
PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates
for employment, assignment, appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees, or employees
pursuant to Section 2.1-344(A) (1) City Council appointed boards and commissions. (2)
City Attorney position.
2. 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,
pursuant to Section 2.1-344(A) (3).
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council AMENDED the
previous motion to RECESS into EXECUTIVE SESSION, pursuant to Section 2.1-344 Code of Virginia
to consider: (1) Personnel Matters (2) Publicly Held Property; and, (3) To discuss the
creation of and appointment to a new Commission to deal with the opportunity provided by Labor
Day, including the appointment, of persons, their charter and the staff to assist the
Commission.
VOTE: 11-0
Council 14embers Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert E. None
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms, Sr.
Council @lembers ABSTAINING: Council Members ABSENT for the Vote:
None None
Council Members ABSENT for the Meeting:
None
Ru@ Hodges Smith, CMC/AAE
City Clerk
Item III-E.I.
MINUTES ITEM # 31811
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of September 11,
1989.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 12 -
Item III-E.2.
INTRODUCTION ITEM # 31812
ADD-ON
Senator John Warner, sponsorin-. the "Virginia Woman 1989 Conference" at the
Virginia Beach Radisson, made an appearance during the City Council Session.
Senator Warner advised the Conference had considered changing the location in
view of the Labor Day situation. Senator Warner was successful in persuading
the Conference not to be cancelled.
Senator Warner referenced the correspondence to Susan Engeleiter, Administrator
- Small Business Administration, and SBA's ability to offer some assistance.
Susan Engeleiter advised she would join Senator Warner to personally meet with
Mayor Oberndorf and her representatives to explain the somewhat limited role of
the Federal Government primarily providing an offer of loans in situations of
this nature. There may be other Federal Assistance which can be rendered
depending on the course of action the Mayor, City Council and others may take
in this particular instance.
Senator Warner is a ranking Republican in the Senate Armed Services Committee,
which can in a non-partisan way develop a set of facts to resolve some of the
conflicts. On September 14, 1989, Senator Warner wrote Lieutenant General
Herbert Temple, Chief - National Guard Bureau. Senator Warner requested all
relevant information be reviewed concerning the National Guard involvement
during the Labor Day occurrence in Virginia Beach. Senator Warner requested
the Armed Services Committee be advised whether the operational planning,
deployment and subsequent performance of the National Guard Units and personnel
in Virginia Beach demonstrated any significant deficiency or has had any
impact on the capabilities of the National Guard to perform missions that might
be assigned to it in a Federal role. If any impact is found, General Temple
was requested to provide the Armed Services Committee with the appropriate
details. This letter was the initiation of a staff inquiry into the role of the
Guard to determine exactly what occurred. The National Guard and Reserve are an
integral part of America's overall national defense. As far as Senator @Varner
could determine, the Guard units here, once in position, performed in a
professional manner and rendered a valuable support role. The Appropriations
Bill in Congress this year between the House and the Senate is over $3-BILLIOIN
for National Guard and Reserve units throughout the United States.
I
- 13 -
Item III-F.I.a.
PUBLIC HEARING
PLANNING ITEM # 31813
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) ROBERT J. RUHL, DEPARTMENT STREET CLOSURE
OF ECONOMIEC DEVELOPMENT
(b) F-ERRELL PARKWAY ASSOCIATES, INC. CHANGE OF ZONING
AND DISTRICT CLASSIFICATION
THE CITY OF VIRGINIA BEACH
(c) HOLLYBAR HOMES, INC. CONDITIONAL ZONING
CLASSIFICATION
(d) SMITH CORNER MOTORS, TOYOTA, INC. CONDITIONAL USE PERMIT
(e) EDWARD B. AND JEAN M. SNYDER, CONDITIONAL USE PERMIT
TRUSTEES SNYDER FAMILY TRUST,
AND CHECKERED FLAG MOTOR CAR CO.,INC.
(f) JOSEPH DESIMONE, JR. CONDITIONAL USE PERMIT
T/A DESIMONE'S AUTO BODY
(g) CONTEL CELLULAR, INC. CONDITIONAL USE PERMIT
(h) DOMINGO TAN VARIANCE
(i) LOIZOU, INC., T/A STREET CLOSURE
A & G AUTO SALES
WILLIAMS CORPORATION OF VIRGINIA CONDITIONAL USE PERMIT
- 14 -
Item III-F.I.a.
PUBLIC HEARING
PLANNING ITEM # 31814
Larry Barry, Langley & McDonald Engineers, Phone: 473-2000, represented the
Virginia Beach Development Authority
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance,
closure and abandonment of a portion of Bayside Road be-.inning at a point 500
feet more or less Southwest of the Northern terminus of Air Rail Road, in the
petition of ROBERT J. RUHL/DEPARTMENT OF ECONOMIC DEVELOPMFNT.
Application of Robert J. Ruhl, Department of
Economic Development, for the discontinuance,
closure and abandonment of a portion of Bayside
Road beginning at a point 500 feet more or less
southwest of the northern terminus of Air Rail
Road. Plats with more detailed information are
available in the Department of Planning.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS BAYSIDE
ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT OF RIGHT OF WAY VACATION FOR VIGINIA
BEACH DEVELOPMENT AUTHORITY BAYSIDE BOROUGH
VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice
has been given by the City of Virginia Beach Development
Authority, that they would make application to the Council of
the City of Virginia Beach, Virginia, on September 13
1988, to have the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
Beginning at a point on the southeast
right-of-way line of Bayside Road where the
common boundary line between Parcels 1 and
2 intersect the aforesaid southeast right-
of-way line of Bayside Road as shown on
that certain plat prepared by Langley and
McDonald, P.C. entitled "PLAT OF RIGHT OF
WAY VACATION FOR VIRGINIA BEACH DEVELOPMENT
AUTHORITY BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGINIA, dated August 1, 1988, a copy of
which is attached hereto and made a part
hereof to which reference is made for a
more particular description.
From the aforementioned point of beginning
along the southeast right-of-way line of
Bayside Road N37* 351 36"E 138.401 to a
point; thence along a curve to the left
having a radius of 900.00', an arc distance
of 160.211 to a point; thence, albng a
curve to the right having a radius of
1,415.521, an arc distance of 51.851 to the
true point of beginning; thence, along a
curve to the left having a radius of 62.001
an arc distance of 103.051 to a point on
the northwest right-of-way line of Bayside
Road; thence, continuing along the
aforementioned right-of-way line N331 511
56"E 455.671 to a point; thence, N441 161
14"E 5.651 to a point; thence, along a
curve to the right having a radius of
62.001 an arc distance of 258.08'to a
point; thence, along a curve to the left
having a radius of 38.001, an arc distance
of 45.701 to a point on the southeast
right-of-way line of Bayside Road; thence,
continuing along the aforementioned right-
of-way line S331 511 56"W 183.101 to a
point; thence, along a curve to the left
having a radius of 1415.521, an arc
distance of 107.96, to the point of
beginning. The aforedescribed parcel lies
wholly within the City of Virginia Beach,
Virginia and contains 33,370 square feet or
0.7661 acres.
Said parcel of land designated as "BAYSIDE ROAD
(VARIABLE WIDTH R/W)" as indicated on that certain plat of
property in Virginia Beach, Virginia, which plat is to be
recorded in the Clerk-s Office of the Circuit Court of the City
of Virginia Beach, Virginia, upon adoption of this ordinance,
and is made a part hereof by reference.
SECTION II
A certified copy of this ordinance shall be filed in
the Clerk-s Office of the Circuit Court of the City of Virginia
2
Beach, Virginia, and indexed in the name of the City of
Virginia Beach as Grantor.
SECTION III
Adopted:
FINAL APPROVAL: September 18, 1989
3
- 15 -
Item III-F.I.b.
PUBLIC HEARING
PLANNING ITEM # 31815
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City
Council ADOPTED Ordinances upon application of FERRELL PARKWAY ASSOCIATES, INC.
and the CITY OF VIRGINIA BEACH for Changes of Zoning. The same conditions of
approval placed on the adjacent parcels of FERRELL PARKWAY ASSOCIATES, INC.
(ADOPTED April 24, 1989), relative access, signage and development design being
compatible with the structures in the immediate area, shall apply on these
Changes of Zoning.
ORDINANCE UPON APPLTCATION OF FERRELL PARKWAY
ASSOCIATES, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-20 TO 0-2 Z09891262
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ferrell Parkway
Associates, Inc. for a Change of Zoning District
Classification from R-20 Residential District to
0-2 Office District on certain property located on
the north side of proposed Ferrell Parkway, 900
feet more or less west of General Booth Boulevard.
Said parcel contains 1.7 acres. @fore detailed
information is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLLCATION OF THE CITY OF VIRGINIA
BEACH FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 0-2 TO R-20 Z09891263
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA
Ordinance upon application of the City of Virginia
Beach for a Change of Zoning District
Classification from 0-2 Office District to R-20
Residential District on certain property located on
the southwest side of Strawbridge Road, 400 feet
more or less northwest of General Booth Boulevard.
Ttie parcel contains 2.3 acres. More detailed
information is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Access shall be limited to the intersection of
London Bridge and General Booth and access on
Ferrell Parkway where the combined entrance is
shown on Conceptual Site Plan entitled: "Master
Plan for Municipal Facilities, dated December 28,
1988, by Krummel and Jackson".
- 16 -
Item 111-F.I.b.
PUBLIC HEARING
PLANNING ITEM # 31815 (Continued)
2. No portion of any building or other structure
located within the 0-2 Office District shall exceed
thirty-five (35) feet in height.
3. The signage shall be monument type with landscaping.
4. Lighting shall be contained within the confines of
the property.
5. Category IV Landscaping and Screening shall be
provided adjacent to residential property.
6. Development design shall be compatible with the
structures in the immediate area (Nimmo Church).
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighteenth day of September, Nineteen Hundred and Eighty-nine.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 17 -
Item III-F.I.c.
PUBLIC HEARING
PLANNING ITEM # 31816
The following spoke in SUPPORT of the application:
Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the
applicant and distributed a site plan. The property shall be developed at a
density of 3.5 units per acre. The proposed lots are 7,500 square feet.
Thirty acres of land which are not actually part of the rezoning will be
incorporated as part of the properties. South of Elbow Road, the area will be
restricted to a density of 1.9 units per acre.
Elva Y. Beiler, 2264 Salem Road, Phone: 427-1394, owner of a dairy farm,
advised her desire to sell the front portion of her property comprising
approximately 13 acres.
Attorney Jay Wilkes, 2000 Sovran Center, Phone: 624-3000, represented Elva
Beiler. The balance of Mrs. Beiler's property will be restricted for density
purposes.
A MOTION was made by Councilman Moss, seconded by Councilwoman Parker to DENY
Ordinances upon application of HOLLYBAR HOMES, INC. for Conditional Zoning
Classifications:
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED Ordinances upon application of HOUYBAR ROMES, INC. for Conditional
Zoning Classifications:
ORDTNANCE UPON APPLTCATTON OF HOLLYBAR HOMES, INC.
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1
TO R-7.5 Z09891264
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Hollybar flomes, Inc.,
for a Conditional Zoning Classification from AG-1
Agricultural District to R-7.5 Residential District
on certain property located at the southern
extremity of Sherman Oaks Avenue. Said parcel
contains 13.4 acres. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF HOLLYBAR HOMES, INC.
FOR A CONDITIONAL ZONING CLASSIFTCATION FRO@L R-15
TO R-7.5 Z09891265
BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VTRGTNIA
Ordinance upon application of Hollybar Homes, Inc.
for a Conditional Zoning Classification from R-15
Residential District to R-7.5 Residential District
on certain property located south of Sherman Oaks
Avenue at the southern extremity of Jessica Lane.
Said parcel contains 21.7 acres. Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGli.
- 18 -
Item III-F.l.c.
PUBLIC REARING
PLANNING ITEM # 31816 (Continued)
The following condition shall be required:
1. Agreement encompassing proffers shall be recorded
with the Clerk of the Circuit Court and is hereby
made a part of the proceedings.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighteenth day of September, Nineteen Hundred and Eighty-nine.
Councilman Moss requested the City Manager compose a letter to the School Board
that a capacity figure be provided, an assessment beyond the numbers, in order
to determine an adequate figure for enrollment. This would advise whether there
would be any problem in educating additional children. It has more or less
become a routine and perhaps people are not addressing the issue with the
intellectual vigor they should.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
PROFFER ADREEMENT
THIS PROFFER AG.REEMF-NT, made this 14th* day of July,
1989, by and between HOLLYBAR HOMES, INC., and/or assigns
(hereinafter referred to as "Contract Purchaser"), a Vir-
ginia corporation, ELVA Y. BEILER, MERLIN BEILER, MARVIN L.
BEILER, PAUL BEILER and PAULINE BEILER SWARTZENTRUBER
(hereinafter referred to as "Owners"), and the CITY OF
VIRGINIA BEACH (hereinafter referred to as the "City"), a
municipal corporation of the Commonwealth of Virginia;
WHEREAS, Owners own those certain parcels of land
(hereinafter sometimes referred to as the "Land") situated
in the City, comprising, in@.the aggregate 67.7 acres, more
or less, referenced in Deed Book 2786, at page 652, desig-
nated Area A, Area B, Area C and Area D on that certain plat
entitled "COMPOSITE PLAT OF REMAINING PORTION OF PROPERTY
SHOWN ON PLAT ENTITLED 'PROPERTY LINES OF FARM, E. W.-
PRATT--OWNER' KEMPSVILLE BOROUGH--VIRGINIA BEACH, VIRGINIA",
dated February 16, 1989, revised July 20, 1SS89, made by
Rouse-Sirine Associates, Ltd., on file in the Department of
Planning of the City, a copy of which is attached hereto as
Revised 20th day of July, 1989
"Exhibit A" (hereinafter sometimes referred to as the
"Composite Plat", and Owners have contracted to sell Areas
A, B and C to Contract Purchaser conditioned upon the
hereinafter mentioned rezoning of a portion thereof; and
WHEREAS, Owners and Contract Purchaser (hereinafter
collectively referred to as the "Profferers") have applied
to the city for a conditional amendment to the Zoning Map of
the City in order to change the zoning classification of
Area A from R-15 Residential District to R-7.5 Residential
District and Area from AG-1 to R-7.5 Residential District;
and
WHEREAS, the City's policy is to provide only for the
,orderly development of land for various purposes through
zoning and other land development legislation; and
WHEREAS, Profferers acknowledge that certain reasonable
conditions governing the use of the Land for the protection
of the a'djacent properties and the community as a whole that
are not generally applicable to comparable land similarly
zoned are needed to resolve the problems which might other-
wise be created by the City's approval of the rezoning
application of the Profferers; and
WHEREAS, the Profferers desire to voluntarily proffer,
as a part of the proposed amendment to the Zoning Map with
2
respect to Areas A and t, the hereinafter mentioned reason-
able conditions relating to the physical development and use
of all the Land to be adopted as a part of said amendment to
the Zoning Map relative to Areas A and B which has a rea-
sonable relation to the rezoning and the need for which is
generated by the rezoning.
NOW, THEREFORE, THIS PROFFER AGRE@T WTTNESSETH THAT:
The'Profferers, for themselves, and their heirs,
personal representatives, successors, assigns, grantees and
other successors in title or interest, voluntarily and
without any requirement by or action from the City 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 which shall restrict and
govern the physical development and use of the Land a:nd
hereby covenant and agree that this declaration shall
constitute covenants running with the Land', which shall be
binding upon the Land and upon all parties and persons
claiming by,@through,or under,the Profferers or their heirs,
personal representatives, successors, assigns and other
successors in interest or title;
3
1. Areas A and B will be developed as R-7.5.Residen-
tial District property in accordance with City development
ordinances. Areas C and D will be developed under the
existing R-15 zoning at a density not to exceed 1.9 units
per acre calculated only as to that portion of the Land
which is permitted density credit pursuant to the city's
development ordinances.
2. The primary vehicular access to the residential
subdivision into which the Land is to be developed shall be
from Salem Road over and across a street to be constructed
on Area C. No permit.for occupancy of any dwelling unit on
Area A or Area B shall be issued by the City until said
access street from Salem Road is improved to City standaras
and is dedicated to the City. Provided, however, should
Elbow Road Extended be built through the Land prior to the
development of Areas A and B, then the foregoing restriction
@shall have no effect.
3. During the development@of'the La nd into residen-
tial lots and during the'construction of houses on the lots,
the Contract Purchaser shall use all reasonable means
acceptable to the City (including the erection of barricades
at Sherman Oaks Avenue and Jessica Lane) in order to prevent
construction traffic from utilizing the streets in the
4
adjoiriing subdivision known as Salem Lakes. Construction
i:raffic shall be restricted to the street to be constructed
on Area C or to Elbow Road Extended if Elbow Road Extended
is built prior to development of the Land.
4. The issuing of Certificates of occupancy (Cols) by
the City for houses to@be constructed on the Land shall be
limited to the following schedul.e:
Number of Months Maximum # of CO's
following rezoning to be issued during
approval. the 12 month period.
0
1 3-24 68
25-36 60
37-48 60
The above conditions, having been proffered by
Profferers and allowed and accepted by the@City as part of
the.amendinent to the zoning ordinance, shall continue in
fitll force and effect until a subsequent amendment changes
the zoning of the i.and and specifically repeals such condi-
tions. Such conditions shall continue despite a subsequent
amen@ent to the zoning ordinance even if the subsequent
5
aniendment.is part of a comprehensive implementation of a new
or substantially revised zoning ordinance until specifically
repealed. The conditions, however, may be repealed, amend-
ed, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City, and executed by the
recor@ owner of the Land at the time of recordation of such
iiistrument, provided that said instrument is consented to by
the City in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of
the Cityi after a public hearing before the City which was
advertised pursuant to the provisions of Section 15.1-431 of
the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded,
said instrument shall be void.
All reference hereinabove to AG-1, R-15 and R-7.5
Districts and to the requirements and regulations applicable
thereto refer to the Comprehensive Zoning ordinance and
Subdivision Ordinance of the City, in forc6 as of the 25th
day of May, 1989, which are by this reference incorporated
herein.
Profferers further covenant and agree that:
6
(a) The Zoning Administrator of the City shall be
vested with all necessary authority, on behalf of the
governing body of the City, to administer and enforce the
foregoing conditions and restrictions, including the au-
thority (i) :to order, in writing, that any noncompliance
with.such conditions be remedied, and (ii) to bring legal
action or suit to insure compliance with such conditions,
including mandatory or prohibitory injunction, abatement,
damages, or other appropriate action, suit, or proceeding;
(b) The failure to meet all conditions and re-
strictions shall constitute cause to deny the issuance of
aiiy of the required development permits as may be appropri-
ate;
(c) If aggrieved by any decision of the Zoning
Administrator made pursuant to these provisions, Profferers
shall petition the governing body of the City for the'review
thereof prior to instituting,proceedings in court; and
(d) The 4-oning Map may show by an appropriate
symbol thereon the existence of conditions attaching to the
zoning of Areas A and B, and the conditions attached to
Areas C and D, and the ordinances and the conditions may be
made readily available and accessible for public inspection
7
in the office of the Zoning,Administrator and in the Plan-
ning Department, and they shall be recorded in the Clerk's
office of the Circuit Court of the City and indexed in the
names of the Profferers and the City.
WITNESS the'following signatures and seals:
HOLLYBAR HOMES, INC.
B-1
President
(SEAL)
'Elva
(SEAL)
me(ii er
(SEAL)
Marvin L. Beiler
_@SEAL)
-Paul Beiler
SEAL)
@uline-Beilet-Swartzentruber
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
The ab reement was f thip,
ox; 1989, by /P/,,wl. .
day of
President of Hollybar Homes, Inc., oii behalf of the corpo-
ra'lion.
[NOTARIAL SEALI
I&tary Public
my commission expires:
STATE OF
CITY/ c to-wit:
The abow Agreement was acknowledged before me this
day of 1989, by Elva Y. Boiler.
[NOTARIAL SEAL)
Noary Public
My commission expires:
STATE OF
CITY/COUNTY OF to-wit-
The above Agreement was,acknowledged before me this
.9-@day of Q-.Z ., 1989, by Merlin Beiler.
[VOTARIAL SEAL]
Aotary P3&lic
My commission expires:
STATE
CITY/C to-wit:
The abov greement was acknowledged before me this
_iay f 1989, by MaFvin L. Bei
ler.
I '@ I
ENO"ARIAL SEAL@
Notary Public
MI.- cormnission expires: M'ILU@,11,IISSIONEXPIRESJULYII,1992
9
STATE OF
/cou@ to-wit:
The ab reement was acknowledged before me this
day of 1989, by Paul Beiler.
off
ENOTARIAL SE
Notary'Publj:c
Not PUI rady Coiinty, Georgi@
14Y co@ission expires: My 3c@.LT@C@@E:cpircs llov. 2, 199?,
STATE OF
CITY/COUN4 to-wit:
1091 The ab reemen was acknowledged before me tilis
,@fe day of 1989, by@uli/@iler Swartzentxper.
[NOTARIAL SA@!
Lry Public
My commission expires: MYCOMMISSIONEXPIRESjULYII,lg.92
I0
- 19 -
Item III-F.I.d.
PUBLIC HEARING
PLANNING ITEM # 31817
The following spoke in SUPPORT of the application:
Delegate Glen Croshaw, represented the applicant
Timothy Dough, Smitti Corner Motor Toyota, advised there will be a ten-foot
green area around the entire lot.
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED an Ordinance upon application of SMITH CORNER MOTORS TOYOTA,
INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SMITH CORNER MOTORS
TOYOTA, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE SALES R09891249A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Smith Corner motors
Toyota, Inc. for a Conditional Use Permit for motor
vehicle sales on a portion of Lots 15-22 & 38-40,
all of Lots 41-44, Block 28, Euclid Place and 40
feet of closed Brian Avenue bounded on the north by
Virginia Beach Boulevard and on the south by
Admiral Wright Road. The parcel is located at 5033
Virginia Beach Boulevard and contains 39,204 square
feet. BAYSTDE BOROUGH.
The following conditions shall be required:
1. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
2. The applicant has agreed to provide landscaping
along the frontage on Virginia Beach Boulevard in
compliance with the Parking Lot Landscaping
Specifications and Standards.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighteenth day of September, Nineteen Hundred and Eighty-nine.
- 20 -
Ttem TII-F.I.d.
PUBLIC HEARTNG
PLANNING TTEM # 31817 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 21 -
Item III-F.I.d.(I)
PUBLIC HFARING
PLANNING ITEM # 31818
ADD-ON
Delegate Glen Croshaw expressed appreciation and pride in the Mayor and Members
of City Council. They acted cohesively and in the City's best interest on a
very sensitive and important issue, the Labor Day occurrence.
- 22 -
Item ITT-F.I.e
PUBLIC HEARING
PLANNING ITEM # 31819
Attorney Morris Fine, 5101 Cleveland Street, Phone: 490-4545, represnted the
applicant
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of EDWARD B. & JEAN M. SNYDER,
TRUSTEES SNYDER FAMILY TRUST and CHECKERED FLAG MOTOR CAR CO., INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF EDWARD B. AND JEAN M.
SNYDER, TRUSTEES SNYDER FAMTLY TRUST & CHECKERED
FLAG MOTOR CAR CO., INC. FOR A CONDITIONAL USE
PERMIT FOR AUTOMOBILE TIRES (NEW & USED) R09891250
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Edward B. & Jean M.
Sndyer, Trustees Snyder Family Trust & Checkered
Flag Motor Car Co., Inc., for a Conditional Use
Permit for automobile sales (new & used), service
parts and auto accessories on property located at
the southeast corner of Virginia Beach Boulevard
and North Lynnhaven Road. The parcel contains
17,424 square feet. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Internal access between the adjoining auto sales
establishment must be incorporated into the site
design.
2. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
3. The curb cut on Virginia Beach Boulevard nearest
the intersection with North Lynnhaven Road is to be
closed.
4. A planting bed, 5 feet in widtli and parking lot
landscaping, shall be installed along the
boundaries fronting on Virginia Beach Boulevard and
North Lynnhaven Road.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighteenth day of September, Nineteen Hundred and Eighty-nine.
- 23 -
Item III-F.l.e
PUBLIC HEARING
PLANNING ITEM # 31819 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 24 -
Item III-F.l.f
PUBLIC HEARING
PLANNING ITEM # 31820
Joseph Desimone, Jr., the applicant, represented himself
Upon motion by Councilman Perry, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of JOSEPH DESIMONE, JR., T/A DESTMONE'S
AUTO BODY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JOSEPH DESTMONE, JR.,
T/A DESIMONE'S AUTO BODY FOR A CONDITIONAL USE
PERMIT FOR AN AUTOMOBILE REPAIR GARAGE (EXPANSION)
R09891251
BE IT HEREBY ORDAINED BY TIIE COUNCIL OF THE CITY OF VTRGTNIA BEACH, VIRGINIA
Ordinance upon application of Joseph Desimone, Jr.,
T/A Desimone's Auto Body for a Conditional Use
Permit for an automobile repair garage (expansion)
on the northeast side of Euclid Road, southeast of
Cleveland Street. The parcel is located at 4998
Euclid Road, Suites 101 & 102, and contains 17,424
square feet. Plats with more detailed information
are available in the Department of Planning.
BAYSIDE BOROUGH.
The following conditions shall be required:
1. All green areas, including area designated for
retention, must remain free of debris and excess
parts. Said areas must also be properly maintained
(i.e., grass cut, shrubbery trimmed).
2. No vehicle may be located with the public right-
of-way or landscaped areas.
3. The existing trash dumpster must be relocated to
the Northwest corner of the site.
4. Tf Category VT screening is not required, the
following conditions shall apply:
A. All vehicles stored on-site must be located
within the confines of existing striped parking
areas.
B. A landscaping strip, ten feet in width, shall
be located along the Southern property line
extending from the Western line of the existing
driveway entrance to the Western property line,
said strip must also extend along the Western
property line for a distance of approximately
50 feet. Evergreen hedge forms as identified
in the Parking Lot Landscaping Specifications
and Standards shall be placed within the
landscape strip.
5. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
6. Approval is for a period of two (2) years.
- 25 -
Item III-F.l.f
PUBLIC HEARING
PLANNING ITEM # 31820 (Continued)
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighteenth day of September, Nineteen Hundred and Eighty-nine.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Harold Heischober
- 26 -
Item III-F.I.g
PUBLIC HEARING
PLANNING ITEM # 31821
The following spoke in SUPPORT of the application:
Attorney Howard W. Martin, Jr., 1640 Sovran Center, Norfolk 23510, Phone:
623-3000, distributed photographs of the proposed Contel site, as well as the
existing Cox tower (Said photographs are hereby made a part of the record).
Dale Woolsey, 900 Central Park, Atlanta, Georgia (1-800-451-5711), Contel
Representative
Debbie Stewart, 1800 North Muddy Creek Road, Phone: 721-3206, owner of property
on wliich Contel wishes to locate their tower.
The following spoke in OPPOSITION to the application:
Lee Barnes, 4221 Pleasant Valley Drive, Phone: 467-8890, represented residents
of North Muddy Creek area
Mary Ann Carliss, 1761 North Muddy Creek Road, Phone: 628-6755, distributed an
aerial layout of the locations of the various towers, photographs of the
Contel tower on Indian River Road, and other towers in Pungo, as well as a
petition in OPPOSITION
Shirley Wilkinson, 1685 North Muddy Creek, Phone: 721-3863
Upon motion by Councilwoman Henley, seconded by Councilman Moss, City Council
DENIED an Ordinance upon application of CONTEL CEUULAR, INC. for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF CONTEL CELLULAR, INC.
FOR A CONDITTONAL USE PEW4IT FOR A CO@IMUNICATTONS
TOWER
Ordinance upon application of Contel Cellular, Inc.
for a Conditional Use Permit for a communications
tower on certain property located on the north side
of Muddy Creek Road, 2904 feet more or less east of
Princess Anne Road. The parcel contains 2.943
acres. Plats with more detailed information are
available in the Department of Planning. PUNGO
BOROUG'I.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, Barbara @l. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. F'entress, Harold
Heischober, John L. Perry and William D. Sessoms
Council Members Absent:
None
- 27 -
Item III-F.l.h
PUBLIC REARING
PLANNING ITEM # 31822
The following spoke in OPPOSITION:
Alice Green, 1221 General Street
Judy Smith, 1373 Ferry Point Road
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Councii
DENIED the application of DOMINGO TAN for a Variance to Section 4.4(b) of the
Subdivision Ordinance
Appeal from Decisions of Adminstrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Domingo Tan. Property is
located at 1117 Thompkins Lane. Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Ileischober, Barbara @l. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 28 -
Item IIT-F.I.i
PUBLIC HEARING
PLANNING ITEM # 31823
The following spoke in SUPPORT of the application:
Attorney Lorin Hay, 4336 Virginia Beach Boulevard, Phone: 486-1551, represented
the applicant and distributed a Site Development Plan which is hereby made a
part of the proceedings.
George Loizou, 5048 Virginia Beach Boulevard, Phone: 490-4734
Arthur J. Mackie, Jr. 309 Southgate Avenue, Phone: 497-6770, had registered in
OPPOSITION but WAIVED the right to speak. Arthur J. Mackie still supports the
denial, but now understands the objective of the application.
Upon motion by Councilman Perry, seconded by Councilman Baum, City Council
APPROVED subject to compliance by March 19, 1990, an Ordinance upon application
of LOIZOU, INC., T/A A & G AUTO SALES for the discontinuance, closure and
abandonment of a portion of Broad Street.
Application of Loizou Tnc. , T/A A & G Auto Sales
for the discontinuance, closure and abandonment of
a portion of Broad Street beginning at the western
boundary of Southgate Avenue and running in a
westerly direction a distance of 125 feet. The
parcel is 60 feet in width and contains 7500 square
feet. BAYSTDE BOROUGH.
The following conditions shall be required:
1. Resubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as well as to ensure that
all lots have access to a public street.
2. The applicant is responsible for making
arrangements to accommodate any non-municipal
utilities which may be located in the right-of-way
proposed for closure.
3. A 30-foot utility easement satisfactory to Public
Utilities is required centered over the existing
20-inch water line and 8-inch sanitary sewer line.
It should be noted that the City will not permit
the storage of automobiles or other materials
within this utility easement.
4. Closure of the right-of-way shall be contingent
upon compliance with the above-stated conditions
within 180 days of the approval by City Council,
(March 19, 1990).
2@,
iter@i -Ill-F. 1.
PUBLIC HEARING
PLANNING ITEM # 31823 (Continued)
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold fieischober, Barbara M. Henley, John
D. Moss, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Meyera E. Oberndorf
Council Members Absent:
None
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF TliAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS BROAI) STREET,
AS SHOWN UPOR THAT CERTAIN PLAT ENTITLED
WHICH PLAT IS ATTACHED HERETO.
S, it appearing by affidavit that proper notice
WHEREA has
been given by LoiZou, Inc. that it would make application to the
Council of the City of Virginia Beach, Virginia on
1989, to have the hereinafter street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by tlie Council of the City of Virginia
Beach, Virginia that the hereinafter described street be
discontinued, closed and vacated:
ALL THAT certain lot, piece or parcel of land
situate, lying and being in the City of Virginia
Beach, Virginia, and being known and designated as
"BROAD STREET TO BE VACATED AND CLOSED" on that
certain physical survey entitled "PHYSICAL SURVEY OF
BROAD STREET, WEST OF SOUTHGATE AVENUE EUCLID PLACE,
BAYSIDE BOROUGH, VA. BEACH, VA.", dated March 11,
1989, and made by MGM Engineering & Surveying, and
being more particularly bounded and described as
follows:
BEGINNING at a pin located at the northeast corner
of Lot 22, Block 27, as shown on that certain plat
entitled "EUCLID PLACE", duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 4, at pages 62
and 63 (the "Plat"), and thence running South 89'
441 5811 West 125 feet, more or less, along the
northern line of Lot 22, Block 27, as shown on the
Plat to the northwest corner of Lot 22, Block 27, as
shown on the Plat; thence running North O" 151 0211
West 60 feet, more or less, along an extension in a
northerly direction of the western line of Lot 22,
Block 27, as shown on the Plat to the northern li-ne
of Broad Street; thence running North 89' 441 5811
East 125 feet, more or less, along the northern linc
of Broad Street, to the western line of Southgate
Avenue; thence running South O" 151 0211 East 60
feet, more or less, along the western linr; of
Southgate Avenue, to the point of beginn-*-ng.
Said parcel of land designated as
GPIN 14G7 95 2752 0000
indicated on that certain plat of property in Virgi@ia Beach,
Virginia, which plat is to be recorded in the Clerk's Office of
the Circuit Court of the city of Virginia Beach, Virginia, upon
adoption of this ordinance, and is made a part by reference.
SECTION II
A Certified copy of this Ordinancc shall be filed in the
Clerk's office of the Circuit Court of the city of Virginia
Beach, Virginia, and indexed in the name of the city of Virginia
Beach as Grantor.
Adopted:
GPIN# 1467 95 2752 0000
AS TO
7,/.t t5 Is -ro ccQrlcy THAR.T. OAI A44 A?.CI4 1,06.9 5uQVEYFD -r@16' FROOE)?TY
THO WIV OA/ 71415 -L.A7, AIVD 7-HA7- TH-- 7'17-LE LIAIES AIVO 7'@@ , OriN,-
!A,9E HOWAI CA/ TH/S @&l@R@_,S-rAVD STQIC7.L ,PN 7W 7/7
LJIV25 AIYD T14.-,qE AQf,-RZI 07-,WE.Q BUIII')IATGS OIV -rl4E
PRO,-EPTY,,CXCE,07- A.5
OF
C -r 13
A40TO)C? 17-Y
C
A,'550CIAIE
,gA, 2 7,66 @ 3
SA4H Ln-
PIN(: 15.7,0 tA
INV! I
7RECT pAAVE-ME"T@
ROAD ST6EE7 TO-BE VACA7-ED
,'/D CZO-5,-D
39 -- 4 x /Z@. 00'
ZOT/,
L) 2 2.Lgt
8LOCK e7 A 9@K 2?
'EUCIID c -ACE P'3.5- 6 2 .@3)'
NOTE5:
/.TOTAL AREA 15 0.1722 AC.
Z.EL-EVATIO&15 /-IPL- BA,5EL) OAI.N.5.VD. 192.9
51(31VED:
E-AIGINEEP)MG
Y//\/ (3
@VD. VA CC@ @ VA. t3r f4f-
ICAL SUR\lEr OF.,;@
PEET, (AIE-5T OF
SOUTHGATE' AVEIIJUE E-UCLID
PLACE, BA'Y51DE BOROU(3P , VA.
13EIqc,[-/ i VA,
.5CALE: 1,@30, ORN BY.-AlGlv
DATE: .3@tl@89 A P R. 8 Y: IIISI
- 30 -
Item III-F.l.i.
PUBLIC HEARING
PLANNING ITEM # 31824
The following spoke in SUPPORT of the application:
Attorney Robert Cromwell, Pembroke One, Phone! 499-8971, represented the
applicant, and advised the anticipated life of the borrow pit is 10 years.
E. V. Williams, 925 South Military Highway, Phone: 420-1140
Rick Bowler, Vice President/Secretary-Treasurer - Williams Corporation, 925
South Military Highway, Phone: 424-1140
Robert Miller, Professional Engineer with Miller-Stephenson
The following spoke in OPPOSITION:
Attorney Anne Grove, Kaufman, Canoles, Sovran Building, represented the Foxfire
Subdivision
Jeff Utley, 2988 Seaboard Road, Phone: 426-2374
Kay LaJesse, 2646 Seaboard Road, Phone: 427-2620, represented residents of
surrounding area
Betty Johnson, 2025 Malbon Road, Phone: 721-3442
Kay France, 2977 Seaboard Road, Phone: 721-5939
Rick Scraper, 2921 Seaboard Road, Phone: 721-5911
The City Clerk read into the record a letter, dated September 15, 1989, from E.
Carolton Bowyer, Division Superintendent - Virginia Beach City Public Schools.
Said letter advised the School's Office of Transportation has begun to monitor
the traffic on Seaboard Road. An increase in traffic has been noticed and,
therefore, the School Board wishes to register concern for the safety of the
students. Said letter is hereby made a part of the record.
Upon motion by Councilwoman @IcClanan, seconded by Councilwoman Henley, City
Council DENIED an Ordinance upon application of WILLIAMS CORPORATION OF
VIRGINIA for a Conditional Use Permit:
ORDTNANCE UPON APPLICATION OF WILLIAMS CORPORATION
OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR A
BORROW PTT
Ordinance upon application of Williams Corporation
of Virginia for a Conditional Use Permit for a
borrow pit on the east side of Seaboard Road, 3800
feet more or less northwest of the intersection of
Seaboard Road and Princess Anne Road. The parcel is
located at 2893 Seaboard Road and contains 247.38
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Harold Heischober, Barbara M. fienley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy K. Parker,
Council Meribers Voting Nay:
Albert W. Balko, Vice Mayor Robert E. Fentress, John
L. Perry and William D. Sessoms, Jr.
Council Members Absent:
None
- 31 -
Item III-G.
CONSENT AGENDA ITEM # 31825
Upon motion by Vice Mayor Fentress, seconded by Councilman lieischober, City
Council APPROVED in ONE MOTION Items 3, 4, 5 and 7 of the CONSENT AGENDA
Items III-G.1, 2 and 6 were pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum*, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry" and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 32 -
Item III-G.1
CONSENT AGENDA ITEM # 31826
John Vogel, 2400 London Bridge Road, Phone: 427-6610 represented Hunt Club
properties. John Vogel distributed a graphic which is hereby made a part of
the record. Hunt Club Properties consists of 200 acres. In the design of the
London Bridge Road, Phase I, there was no median break into this property.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution to authorize the City Manager to proceed
with completion of the final design, obtain
concurrence of the Virginia Transportation Board
and acquire all rights-of-way necessary for LONDON
BRIDGE ROAD, Phase I.
AND, DEFERRED until City Council Meeting of October 2, 1989:
The desired median break into the Vogel Property
shall be reconsidered and returned to City
Council.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. tqcclanan
Council Members Absent:
None
LONDON BRIDGE ROAD PHASE I
RESOLUTION
WHEREAS, a Desigi-i Public Hearing was conducted on June 7,
1989, in the City of Virginia Beach by representatives of the
City of Virginia Beach and with representa tives of the
Commonwealth of Virginia, Department of Transporiation in
attrendance, after due and proper notice for the purpose of
considering the proposed design of London Bridge Road Pliase I
Project UOOO-134-122, PE101, RW201, C501 in the City of Virginia
Beach, at which hearing aerial photographs, drawings, and other
pertinent information were made available for 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 design features of the
proposed project as presented at the Public Hearing; and
BE IT FURTHER RESOLVED, that the Commonwealth Transportatioi-i
Board at the request of the Council of the City of Virginia Beach
hereby approve the major design featurc-s of the proposed project
as presented at the public hearing; and
DE IT FURTHER RESOLVED, that the City of Virignia Beach will
acquire all rights of way necessary for this project and clrtify
same to thL- Department at the appropriate time.
Adopted by the Council of the City of Virginia Beach on the
September
Eighteenth day of _, 1989.
ATTEST:
Clerk of Council
- 33 -
Item III-C.2
CONSENT AGENDA ITEM # 31827
Assistant City Attorney William Byman responded to City Council concerns
Upon motion by Councilwoman Henley, seconded by Councilman Heischober, City
Council DEFERRED until the City Council Meeting of October 2, 1989:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, by AMENDING
Section 21-33 and ADDING Section 21-33.1 re motor
vehicles and Traffic Code.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss*, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 34 -
Item III-G.3
CONSENT AGENDA ITEM # 31827
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute a
Deed of Easement with Federal National Mortgage
Association to grant an easement across a
triangular shaped, unnumbered lot owned by the City
designated and described as "15' ingress/egress
easement", Shadowlawn Heights.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum", Vice Mayor Robert E.
Fentress, fiarold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry* and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
"Verbal Aye
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A DEED OF
3 EASEMENT WITH FEDERAL NATIONAL
4 MORTGAGE ASSOCIATION, A CORPORATION
5 ORGANIZED UNDER AN ACT OF CONGRESS
6 AND EXISTING PURSUANT TO FEDERAL
7 NATIONAL MORTGAGE ASSOCIATION
8 CHARTER ACT TO GRANT AN EASEMENT
9 ACROSS CITY PROPERTY DESIGNATED AND
10 DESCRIBED AS "15' INGRESS/EGRESS
11 EASEMENT" AS SHOWN ON THAT CERTAIN
1.2 SURVEY ENTITLED "PROP. ESMT- FOR
13 LOTS 24 AND 26, BLOCK 52, MAP OF
14 SHADOWLAWN HEIGHTS, VIRGINIA BEACH,
15 VA. PRINCESS ANNE COUNTY"
16 WHEREAS, the City of Virginia Beach owns property which
17 is bordered by Caribbean Avenue, 14th Street, a 501 R/W
is (unimproved), and Norfolk Avenue, in the City of Virginia Beach,
19 as more particularly shown on the attached survey; and
20 WHEREAS, Federal National Mortgage Association has
21 requested that the City of Virginia Beach grant an easement for a
22 period of forty (40) years for ingress and egress over and across
23 that strip of land designated and described as 11151 ingress/egress
24 easement" as said easement is configured upon the above-referenced
25 survey; and
26 WHEREAS, Federal National Mortgage Association will hold
27 the City of Virginia Beach harmless for any damages to property or
28 injuries to persons which may arise from or be incident to the use
29 and occupation of the said easement area.
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
31 THE CITY OF VIRGINIA BEACH, VIRGINIA:
32 That the City Manager is authorized and directed to
33 execute a deed of easement granting an easement to Federal
34 National Mortgage Association, a corporation organized under an
35 act of Congress and existing pursuant to the Federal National
36 Mortgage Association Charter Act, for a period of forty (40) years
37 for ingress and egress over and across that strip of land
38 designated and described as 11151 ingress/egress easement" as said
39 easement is configured upon the above-referenced survey, and for
40 no other purpose.
41 Adopted by the council of the City of Virginia Beach,
42 Virginia, on the 18 day of September 1989.
43 JAS/jls
44 09/13/89
45 CA-3468
46 \ordin\noncode\fnma.ord
ARPROVED AS TO CON
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DEPARTMENT
APPROVED AS TO LEGAL
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made this 10th day of August,
1989 by and between the City of Virginia Beach, Virginia, a
municipal corporation of the Commonwealth of Virginia, (the
"City") the first party and Federal National Nortgage
Association, a corporation organized under an Act of Congress
and existing pursuant to the Federal National Mortgage
Association Charter Act, ("FNMA"), the second party, whose
address is: 950 East Paces Ferry Road, Suite 1900, Atlanta,
Georgia 30326-1161
W I T N E S S E T H
WHEREAS, FNMA is the owner in fee simple of certain
real property located in the City of Virginia Beach, Virginia,
and known, numbered and designated as Lots 24 and 26, in Block
No. 52 as shown on that certain plat entitled, "Map of
Shadowlawn Heights" (the "Property"), duly of record in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia (the "Clerk's Office") in Map Book 7, at Page 14
by virtue of a d6ed from Standard Federal Savings Bank, formerly
Standard Federal Savina.s and Loan Association, dated June 10,
GUY, CFtOMWELt, BETZ
& LUSTIG, P.C,
1989 which deed is intended to be recorded iyl the Clerk's Office
immediAtely prior hereto; and
WHEREAS, the City is the owner in fee simple of
certain real property designated and described as "unnui.-ibered
lot and/or Block from Plat as shown on that survey entitled
"PROP. ESMT. FOR LOTS 24 & 26, BLOCK 52, MAP OF SIFADOWLAWN
HEIGHTS, VIRGINIA BEACII, VA. PRINCESS ANNE COUNTY", made by
PHR&A, a Professional Corporation, dated July 27, 1989 a copy of
which survey is marked Exhibit A, attached hereto and made a
part hereof; and
WliEREAS there is not presently in existence a recorded
easement from the City of Virginia Beach to the owner of Lots 24
and 26 granting ingress and egress across the above referenced
real property to said lots from Norfolk Avenue; and
WHEREAS it is the intent and desire of the parties
hereto to establish sucli an easement for the benefit of FNMA as
present owner of the Property so that FNMA will have Marketable,
insurable fee simple title to the property.
NOW, THEREFORE, WITNESSETTI: that, for and in
consideration of the premises and other good and valuable
considerations, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto do hereby covenant and agree as
follows:
GUY, CROMWELL. BETZ
& LUSTIG, P.C.
T L-
I That City does hereby grant and convey to FNMA,
its successors and assi@.ns, an --asement granted for a period of
forty (40) years for ingress and e@.ress over and across that
strip of land designated and described as "15' Ingress/Egress
Easement" (the "Easement") as said easement is confio.ured upon
attached Exhibit A. In the event, however, that FNMA or its
successors or assigns should -@tbandon the easement such party
warrants that, if reqiiested to do so by the City, it will remove
any improvements made by it to the property and restore the
premises to its original condition.
2. The City expressly reserves unto itself and its
assigiiees the ri-ht to construct, operate, maintain and repair
sanitary and drainage pipes, lines, and/or conduits over, under
and across the easement area but linited to the extent that no
use shall be made of the easem.ent by tlie City which sliall
interfere or be inconsistent with the easement granted herein.
The City, however, expressly reserves the right to utilize the
easement area for future street and highway purposes.
3. After completion of the installation of and/or
maintenance of sanitary and/or drainage pipes or lines the City
shall, at its expense, restore the easement area as neatly as
possible to its original condition. Such restoration shall
include the backfilling of trenches, regrading to original
GUY, CROMWEL@ BETZ
& LUSTIG, P.C. contours and resee'ding of laws or grass areas.
T
4. There is presently a gravel drive wholly contained
within the Easement area. The parties hereto do hereby agree
that FNMA, its successors and assigns shall maintain the -.ravel
drive in its present configuration but there shall be no
I
obligation nor shall this easement agreement be deemed to impose
an obligation upon FNMA, its successors and assigns to pave or
otherwise make improvements upon the gravel drive presently in
existence.
5. The city shall not be responsible for: Any
dama-.es to property or injuries to persons that may arise from
or be incident to the use and occupation of the said easement
area; for any injuries to any other p6r sons or their property on
said easement area at the invitation of FNMA, its successors or
assigns; and FNMA, its successors or assigns, shall hold the
City harmless from any and all such dlaims. Additionally, the
City shall not be responsible for damages to property or
injuries to persons which may arise from or be incident to the
construction, maintenance, and use of the easement or any
improvements located thereon.
6. FNMA, its successors and assigns COVENANT to
maintain the easement area in -.ood repair so that no
unreasonable damages will result from its use to the adjacent
land of the City, its successors and assigns.
GUY. CROMWELL, BETZ
& LUSTIG, P.C.
7 This Agreement shall be binding upon and inure to
the benefit of the parties hereto, their successors in title
and assigns.
81 This Easement Agreement may be executed in
multiple counterparts, each of which shall be deemed an
original and all of which shall be deemed one and the same
instrument.
WITNESS the following signatures and seals this
day of August, 1989
T: FEDERAL NATIONAL MORTGAGE
@/ !9@ /- ASS
stant Secretary By:o 6) (SEAL)
Authorized Officer
STATE OF GEORGIA,
COUNTY OF FULTON, to-wit:
The foregoing instrument was acknowledged before me
this loi-b day Of Al, gl,.q t-11989 by Plpanor P. Fvang
I Vice President of Federal National Mortgage Corporation,
on the corporation's behalf.
my commission expires: My Commission Expires Jan. 12.1991
GUY. CROMWE L@ BETZ
& LUSTIG, P.C.
.-..Yl AT 1-
CITY OF VIRGINIA BEACH
Bv:
City Manager
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACII, to-wit-
Subscribed and sworn to before me this day of
September, 1989 by City Mana-.er,
City of Virginia Beach, Vir-.inia.
NOTARY PUBLIC
My Commission Expires:
GUY, CROMWELL, BETZ
& LUSTIG, Pr-
- 35 -
Item III-G.4
CONSENT AGENDA ITEM # 31828
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE State Grant
Funds to the FY 1989-90 Library Department
Operating Budget:
$13,967 LSCA Title I Subregional Grant
for the Blind
$ 1,832 LSCA Large Print/Recorded Books
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum", Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. lfenley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry" and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
1 AN OPDINANCE TO ACCEPT AND APPROPRIATE
2 $13,967 IN STATE GRANT FUNDING TO THE PY1989-90
3 OPMZATING BUDGET OF THE LIBRARY DEPARTMENT
4 WHEREAS, the Libraries Services and Construction Act (LSCA),
5 Title I, provides the opportunity f or state funding of certain
6 programs by means of special grants;
7 WHMZEAS, the Library Department has applied for the LSCA Title
8 I Subregional Library For The Blind Grant;
9 WHEREAS, the state has accepted the application and approved
10 grant funding for the LibrarY Department program in the amount of
11 $13,967.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14 That funds in the amount of $13,967 made available by the
15 Subregional Library For The Blind Grant be accepted and
16 appropriated to the FY1989-90 Operating Budget of the Library
17 Departinent, with a corresponding increase in estiinated revenues.
18 This ordinance shall be in effect froin the date of its
19 adoption.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 18 day of September 1989.
22 First Reading: September 11, 1989
23 Second Read-ing: September 18, 1989"@
APP(ZOVED AS TO
LEGAL SUFF,CIENCY
I AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $1,832 IN STATE GRANT FUNDING TO THE PY1989-90
3 OPERATING BUDGET OF THE LIBRARY DEPAR
4 WHERFAS, the Libraries Services and Construction Act (LSCA),
5 Title I, provides the opportunity f or state funding of certain
6 programs by means of special grants;
7 WHEREAS, the Library Department has applied for the LSCA Title
8 I Large Print/Recorded Books Grant;
9 WHEREAS, the state has accepted the application and approved
10 grant funding for the Library Department program in the amount of
11 $1,832.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14 That funds in the amount of $1,832 made available by the Large
15 Print/Recorded BookS Grant be accepted and appropriated to the
16 FY1989-90 Operating BUdget of the Library Department, with a
17 corresponding increase in estimated revenues.
18 This ordinance shall be in effect from the date of its
19 adoption.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 18 day of September 1989.
22 First Reading: September 11, 1989
23 Second Reading. September 18, 1989
'APPROVED AS T6
LEGAL SUFFICIENCY
- 36 -
Item III-G.5
CONSENT AGENDA ITEM # 31829
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $160,000 to the Department
of Mental Health/Mental Retardation and Substance
Abuse for enhancements to Departmental operations.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum*, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry* and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
AN ORDINANCE TO APPROPRIATE $160,000 TO
1 THE DEPARTMENT OF MENTAL HEALTH/MENTAL
2 RETARDATION AND SUBSTANCE ABUSE FOR
3 ENHANCEMENTS TO DEPARTMENTAL OPERATIONS
4
5
6 WHEREAS, the state Department of Mental Health, Mental Retardation and
7 Substance Abuse Services has provided additional funds in FY 89-90 for pilot
8 programs across the state and for incentive programs for diversion of clients
9 frOM Btate hospitals;
10 WHEREAS, the City of Virginia Beach Department of Mental Health, Mental
11 Retardation and Substance Abuse has applied for and been granted funds for Mental
12 Health service enhancements, Management Information Services enhancements, and
13 hospital diversion activities;
14 WHEREAS, these additional funds from the state require no additional local
is matching funds;
16 WHEREAS, these funds will be used to enhance existing services and to
17 implement an intensive case management service program, requiring two (2)
18 additional full time permanent positions;
19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA:
21 That funds in the amount of $160,000 be appropriated to the Mental Health/
22 Mental Retardation and Substance Abuse Fund for FY 89-90 and that revenue from
23 the Commonwealth be increased by $160,000 and that two (2.0) additional full
24 time permanent positions be authorized for case management.
25 Adopted by the Council of the City of Virginia Beach, Virginia on the
26 day of 1989.
27
28 First Readina September 18, 1989
29 Second Reading
30
31
APPROVED AS TO
32 LEGAL SUFFICIENCY
33
- 37 -
Item III-G.6
CONSENT AGENDA ITEM # 31830
The City Manager advised Councilman Perry the same level of service would be
maintained as in the past. It is simply a different accounting mechanism.
Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to DECREASE appropriations by $185,000 to
offset a reduction in estimated revenue for
obstetrical services; and, to authorize the City
Manager to enter into a Contract for obstetrical
services.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council @lembers Voting Nay:
None
Council Members Absent:
John A. Baum and Harold Heischober
I AN ORDINANCE TO DECREASE APPROPRIATIONS BY $185,000 TO OFFSET
2 A REDUCTION IN ESTIMATED REVENUE FOR OBSTETRICAL SERVICES
3 AND TO AUTHORIZE THE CITY MANAGER TO
4 ENTER INTO A CONTRACT FOR OBSTETRICAL SERVICES
5
6
7 WHEREAS, the City of Virginia Beach has provided for obstetrical
8 services for low and moderate income residents through a contract with private
9 physicians for the pabt four years,
10
11 WHEREAS, rising costs of medical service and increabing services per
12 patient led the physicians under contract to request a substantial increase in
13 payment for serviceb provided for FY 89-90,
14
15 WHEREAS, city staff, in negotiations with the physicians, determined
16 that the increased costs could best be met by increasing actual contract
17 payments by $9,900, and allowing the phybicians to collect Medicaid revenue
18 estimated at $185,000 which waB previously collected by the City,
19
20 WHEREAS, the transfer of Medicaid billing to the pbybicians will reduce
21 the need for a clerical position within the Health Department for such
22 billing,
23
24 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
25 BEACH, VIRGINIA, that the Reserve for Contingencies be reduced by $185,000 and
26 that FY 89-90 Estimated Revenue from the Federal Government for Medicaid be
27 reduced by $185,000,
28
29 BE IT FURTHER ORDAINED that the personnel complement of the Health
30 Department be reduced by one full time permanent position, with necessary
31 action to place the incumbent in another appropriate City position,
32
33 BE IT FURTHER ORDAINED that the City Manager be authorized to enter into
34 a contract for obstetrical services for residents of the City.
35
36 This ordinance shall be effective from the date of its adoption.
37
38 Adopted by the Council of the city of Virginia eac , V rginia on the
39 18th day of September, 1989. APP1/21OVFI) AS TO
L@.r,AL SU;FICIENCY
-e
- 38 -
Item III-G.7
CONSENT AGENDA ITEM # 31831
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED:
LOW BIDS:
CONTRACTORS PAVING General Booth Boulevard $4,264,847.06
COMPANY, INC. Phase II (CIP 2-910)
MEREDITH AND DRAKE Bow Creek Recreation $2,811,104.00
Center (CIP 4-926)
ASPHALT ROADS & 1989-90 Bituminous $ 822,520.00
MATERTALS CO., INC. Concrete Maintenance
Schedule - Contract TI
S. B. BALLARD Boardwalk Revitalization/ $ 487,800.00
CONSTRUCTION, TNC. Oceanfront Connector Parks
Phase III-S (CIP 2-048/2-066)
CONTRACTORS PAVING 1989-90 Bituminous $ 251,750.15
COMPANY, TNC. Concrete Profile and
Resurfacing Schedule,
Contract T
DOREY ELECTRTC COMPANY Traffic Signal $ 42,217.35
Rosemont Road/Dahlia Drive
(CTP 2-816)
Councilman Moss had requested, as the CIP projects come in for acceptance of
bids, et cetera, the cost estimate of the CIP should be advised. If same comes
in on a program amount, where the dollar went and be advised if some form of
reprogramming action takes place shortly thereafter, so that Council can keep
an account of where the funds are being expended and have some ability to
influence that reallocation process. A mechanism should be devised for
identifying the accumulation of those program savings.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum", Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. @IcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry* and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 39 -
Item III-H.I.
APPOINTMENTS ITEM # 31832
ADD-ON
Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED:
PUBLIC LIBRARY BOARD
Betty Lu Bridges
(Unexpired term thru 8/31/90)
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Harold Heischober
- 40 -
Item III-H.2.
UNFINISI]ED BUSINESS ITEM # 31833
ADD-ON
Upon motion by Coucilman Moss, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Resolution continuing the appointment of Kevin J.
Cosgrove, Acting City Attorney, through October 30,
1989.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Harold Heischober
I
1 RESOLUTION CONTINUING THE APPOINTMENT OF AN
2 ACTING CITY ATTORNEY
3 WHEREAS, City Council is in the process of selecting a
4 new City Attorney for the City of Virginia Beach;
5 WHEREAS, City Council is of the opinion that it would be
6 appropriate to extend the appointment of the ACting City Attorney
7 while the selection process is underway.
8 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
9 OF VIRGINIA BEACH, VIRGINIA:
10 That Kevin J. Cosgrove's appointment aS ACting City
11 Attorney which expires September 30, 1989, be extended up to and
12 including October 30, 1989.
13 Adopted by the Council of the City of Virginia Beach, Virginia
14 on - 18 day of September 1989.
15 KJC/ccm
16 09/18/89
17 CA-3491
18 ACA-2.RES
- 41 -
Item TII-I.l.
NEW BUSINESS ITEM # 31834
Donald Kyle, resident of 3716 North Landstown Road, Member of Landstown Home
Owners Association and the Southeastern Expressway Advisory Group (SECAG) which
is comprised of homeowners in Virginia Beach and Chesapeake. The Location
PUBLIC HEARINGS for the SOUTHEASTERN EXPRESSWAY will be held at the Virginia
Beach Pavilion (September 25-26, 189) and Chesapeake Holiday Inn (September
27-28, 1989). All interested citizens and organizations can comment on the
Corridor Study process and the alternatives being considered. These comments
along with the Resolution from the Cities of Virginia Beach and Chesapeake will
be reviewed by the VDOT staff and presented to the Commonwealth Transportation
Board for their final selection of the preferred alternative.
Donald Kyle expresed disappointi@qent during the City Council Meeting of August
28, 1989. The citizens had expected a full presentation by VDOT relative the
SOUTHEASTERN EXPRESSWAY; however, there was only discussion concerning the
scheduled dates of the Planning Review Process and Public Hearings.
This SOUTHEASTERN EXPRESSWAY project was requested by the City of Virignia
Beach in 1983. The majority of the private citizens became aware of this
project in January 1988.
SECAG had proposed two possible routes in Chesapeake and Virginia Beach. SECAG
was informed because of engineering and conflicting problems with already
planned roads, i.e, Ferrell Parkway, neither route could be utilized. Donald
Kyle requested that before the City Council considers a Resolution to be
forwarded to the Commonwealth Transportation Board, same be made public. Donald
Kyle referenced the August 30, 1989, Editoral in the BEACON concerning studies
by VDOT and posing questions as to whether the road is really needed and who
stands to benefit from its construction. The study does not address any
funding.
Donald Kyle referenced the DRAFT ENVIRONMENTAL IMPACT STATMENT & SECTION 4(f)
EVALUATION of the SOUTHEASTERN EXPRESSWAY. On Page 8-53, a partial listing of
meetings held throughout the study process for the SOUTHEASTERN EXPRESSWAY is
listed. The December 1987 meeting is omitted.
The City Manager will advise all members of City Council identifying the
process and the proposed Public Hearing relative City Council's Resolution.
- 42 -
Item III-1.2.
NEW BUSINESS TTEM # 31835
Upon motion by Vice Mayor Fentress, seconded by Cuncilman Balko, City Council
CANCELLED:
CITY COUNCIL SESSION
MONDAY, NOVEKBER 27, 1989
(66th Annual National League of Cities Conference)
The Planning Items will be combined with the Administrative Items on the
November 20, 1989 City Council Agenda.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, Reba S. @IcClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Harold Heischober
- 43 -
Item III-J.1.
RECESS INTO
EXECUTIVE SESSION ITEM # 31836
In accordance with Section 2. 1-344, Code of Virginia as amended, and upon
motion by Councilwoman Parker, seconded by Councilman Perry, City Council
RECESSED the FORMAL SESSION to RECONVENE into EXECUTIVE SESSION following the
SPECIAL SESSION, Tuesday, September 19, 1989, in the Conference Room, City Hall
Building, for discussion of a Personnel Matter (6:48 P.M.)
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Harold Heischober
- 44 -
September 19, 1989
Mayor Meyera E. Oberndorf RECONVENED the September 18, 1989, F'ORMAL SESSION of
the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall
Building, on Tuesday, September 19, 1989, at 12:45 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Mayor
Meyera E. Oberndorf, Reba S. McClanan, Nancy K. Parker
and John L. Perry
Council Members Absent and Excused:
John D. Moss and William D. Sessoms, Jr.
- 45 -
Item T.B. ITFIT # 31837
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTTVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purpose:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-
344(A)(1). (1) Council appointed COMMTSSION TO REVIEW MATTERS REIATING TO
THE EVENTS OF LABOR DAY WEEKEND.
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSTON.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, Harold
Heischober, Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss and William D. Sessoms, Jr.
- 46 -
Item I.C.
Mayor Meyera E. Oberndorf called to order the RECONVENED FORMAL SESSION of
September Eighteenth in the Council Conference Room, City Hall Building, on
Tuesday, September 19, 1989, for the purpose of certifying to the Executive
Session held this date, after which to adjourn.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Mayor
Meyera E. Oberndorf, Reba S. McClanan, Nancy K. Parker
and John L. Perry
Council Members Absent and Excused:
John D. Moss and William D. Sessoms, Jr.
- 47 -
Item I.D.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 31838
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
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 this Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, Harold
Heischober, Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss and William D. Sessoms, Jr.
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREF'ORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Vice @layor Fentress, seconded by Councilman Heischober, City Council voted to
proceed into EXECUTIVE SESSION to consider:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates
for employment, assignment, appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees, or employees
pursuant to Section 2.1-344(A) (1). (1) Council appointed COMMISSION TO REVIEW MATTERS
RELATING TO THE EVENTS OF LABOR DAY WEEKEND.
VOTE: 9-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert E. None
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None John D. Moss and William D. Sessoms
Council Members ABSENT for the Meeting:
John D. Moss and William D. Sessoms, Jr.
Ru'th Hodges Smith, CMC/AAE
City Clerk
- 48 -
Item I.E.
ADJOURNMENT ITEM # 31839
Upon motion by Councilman Balko and BY CONSENSUS, City Council ADJOURNED the
Meeting at 1:48 P.M.
Bever 0. Hooks
Chief Deputy City Clerk
R@th Hodgeg Smith, CMC Myer.
City Clerk Mayor
City of Virginia Beach
Virginia
- 48 -
Item I.E.
ADJOURNMENT
ITEM # 31839
Upon motion by Councilman Balko and BY CONSENSUS, City Council ADJOURNE~ the
Meeting at 1:48 P.M.
Bever~ O. Hooks
Chief Deputy City Clerk
R~th Hodgef Smith, ChiC
City Clerk
Meyera ~. O-bern~d~°rf ~
Mayor
City of Virginia Beach
Virginia
September 19, 1989