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AUGUST 28, 1986 MINUTES -Ii, I I i@@ l@ I I it -v@i I-" i I "WORLD'S LARGEST RESORT CITY" (:II @ (IOUN(!Il- IRR,II@i@)@ f ( ; j"Ni..S. A, Ill V i@RA I 'ki x' ll,i,Vkl W I .. ....I )IliiN A ll,lt;hl, l@( k.,,@l,, 11,I)ii:Hl 1- VI.Nlkl-. k... . ...... lf,%Rlli.ll iii N:iilli@FR, ,, i@". ll,lRi@Ill @ It lll:Nl,i 1, 11 ...... I K 11,UIKLH, l, I lllilk@ 11 I NIIINII:li',Ii I @N(Lil 1111I..I,,Nliiil I 11, I.,k CITY COUNCIL AGENDA ii. @1112 August 28, 1986 VIRGINIA BEACH CITY COUNCIL ITEM 1. INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL Conference Room - 11:45 AM A. CALL TO ORDER 14ayor Rob,2rt C. -Jo,ic@s B. ROLL CALL OF Cl'fY COUNCIL C. MOTION TO RECESS 1!4'rO Sl-',S:;IO@i ITi-'@M 11. SPECIAL SESSION OF VIRGINIA BEACH CITY COUNCIL Council Chambers - 12:NOON A. PLEDGE OF ALLEGIANCE TO TIIE FLAG UF TiiE UNITED STATES OF @IERICA B. ELECTROPIIC ROLL CALL OF Cl'rY COUNCIL C. CONVENE SPECIAL SESSION D. ORDINANCES 1. Ordinanceq, AS AMENDED, upon SECOND READING to autliorize I)r,!s,2nt;ttion )f7 Lito November 1986 Bond Referenda to tli., (1u;iLiL[,@d VoL,irq o! Lli,! (@i,ty ,l Vir,,i,@i@t for tlie tollowing: a. School Bonds in tlie maximuin amotint DE $32,310,000; b. Street and Highway Bonds in tlie maximum amount of $40,000,000; c. Virginia Beach Recreational Facilities Bonds in tlie maximum amouiit of $9,500,000; d. Court Facilities Bonds in tlie maximum amouilt of $6,500,000. E. APPOINTMENTS 1. CI'FIZEN'S ADVLSOI@Y 2. VIRGINIA BEACH DEVELOPnEt4T AUTIIORITY 3. WE'RLANDS BOARD F. ADJOURNMENT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 28, 1986 In accordance with City Code Section 2-21, the SPECIAL INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert Jones in the Conference Room, City Hall Building, on Thursday, August 28, 1986, at 11:45 A.M. Council Members Present: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Councilman John A. Baum ENTERED: 11:50 A.M. - 2 - ITEM # 25957 Mayor Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION (12:00 P.M.) pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, perrormance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL 14ATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Moss, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent; None - 3 - S P E C I A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL August 28, 1986 12:48 P.M. In accordance with City Code, Section 2-21, Mayor Jones called to order the SPECIAL FORMAL SESSION of the VIRGINIA BKACH CITY COUNCIL in the Council Chambers, City Hall Building, on Thursday, August 28, 1986, at 12:48 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AN ORDINANCE AUTHORIZING THE ISSUANCE OF SCHOOL BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN THE MAXIMUM AMOUNT OF $32,310,000 SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to continue the development of its school system, including site acquisition and construction en- largement, renovation and equipping schools and related facili- ties for the projects and in substantially the amounts as shown on Exhibit A attached hereto, which will promote the public wel- fare of the City and its inhabitants and will facilitate the or- derly development of the City, and to finance costs thereof through the borrowing of $32,310,000 and issuing the City's general obligation bonds therefor. 2. Pursuant to the Charter of the City of virginia Beach and the Public Finance Act, there are hereby authorized to be issued school bonds of the City in an amount not to exceed $32,310,000. The bonds may be issued as a separate issue or combined with bonds authorized for other purposes and sold as part of a combined issue of public improvement bonds. 3. The bonds shall bear such date or dates, mature at such time or times not ex6eeding 40 years from their dates, bear interest at such rate or rates not to exceed the maximum rate authorized by law at the time the bonds are sold, be in such denominations and form, be executed in such manner and be sold at 1 4 Item II-D.l.a. ORDINANCES ITEM 25958 Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council ADOPTED, upon SECOND READING, AS AMENDED Ordinance AUTHORIZING the Issuance of SCHOOL BONDS of the City of Virginia Beach, Virginia, in the maximum amount of $32,310,000 subject to the approval of the QIJALIFIED VOTERS. Voting: 11-0 Council Members Voting Aye; Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE AUTHORIZING THE ISSUANCE OF SCHOOL BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN THE MAXIMUM AMOUNT OF $32,310,000 SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to continue the developinent of its school system, including site acquisition and construction en- largement, renovation and equipping schools and related facili- ties for the projects and in substantially the amounts as shown on Exhibit A attached hereto, which will promote the public wel- fare of the City and its inhabitants and will facilitate the or- derly development of the City, and to finance costs thereof through the borrowing of $32,310,000 and issuing the city's general obligation bonds therefor. 2. Pursuant to the Charter of the City of Virginia Beach and the Public Finance Act, there are hereby authorized to be issued school bonds of the City in an amount not to exceed $32,310,000. The bonds may be issued as a separate issue or combined with bonds authorized for other purposes and sold as part of a combined issue of public improvement bonds. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dat6s, bear interest at such rate or rates not to exceed the maximum rate authorized by law at the time the bonds are sold, be in such denominations and form, be executed in such manner and be sold at 1 such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. 5. The bonds shall not be issued until approved by a majority of the qualified voters of the City voting on the question of their issuance at an election to be held in the City. 6. The City Clerk is hereby authorized and directed to cause a certified copy of this ordinance to be presented to the circuit Court of the City of Virginia Beach, Virginia, which is hereby requested to order an election to submit to the qualified voters of the City the question of the issuance Of the bonds Provided for herein. 7. This ordinance shall be in full force and effect from its passsage. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of August, 1986. Approved: Mayor, City of Virginia B-each, Virginia FIRST READING: August 25, 1986 SECOND READING: August 28, 1986 2 Exhibit A West Kempsville Elementary School II $ 6,775,000 Farmers' Market Junior High Site Acquisition 1,400,000 London Bridge Elementary Site ACquisition 535,000 Red Mill Farm Elementary School 5,881,000 Glenwood Elementary School 11,549,000 Ocean Lakes Elementary School 6,170,000 TOTAL $ 32,310,000 JDB:jh 8/20/86 3 5 Item II-D.l.b. ORDINANCES ITEM 25959 Tom Curran, represented the Lake James Homes Association, and expressed appreciation to City Council for deleting the CENTERVILLE TURNPIKE from the REFERENDA. Upon motion by Vice Mayor Oberndorf, seconded by Council.man Heischober, City Council ADOPTED upon SECOND READING: Ordinance Authorizing the issuance of STI@EET AND HIGHWAY BONDS of the City of Virginia B(,ach, in the maximum amount of $40,000,000 subjecl, to the Approval of the QUALIFIED VOTERS Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE AUTHORIZING THE ISSUANCE OF STREET AND HIGHWAY BONDS OF THE CITY OF VIRGINIA BEACH VIRGINIA IN THE MAXIMUM AMOUNT OF $40,000,000 SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be heces@;ary and expedient for the City of Virginia Beach to continue*tlie development of its streets and highway system, including right-()f-way acquisition and construction of curbs, gutters, sidewalk:., bikeways, bridges and storm drainage facilities for the projecl:s and in substan- tially the amounts as shown on Exhibit A attiiched hereto, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly development of the City, and to finance costs thereof through the borrowing of $40,000,000 and issuing the City's general obligations bonds therefor. 2. Pursuant to the Charter of the City of virginia Beach and the Public Finance Act, there are hereby authorized to be is- sued street and highway bonds of the City in an amount not to ex- ceed $40,000,000. The bonds may be issued as a separate issue or combined with bonds authorized for other purposes and sold as part of a combined issue of public improvement bonds. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear in- terest at such rate or rates not to exceed the maximum rate au- thorized by law at the time the bonds are sold, be in such denom- inations and form, be executed in such manner and be sold at such time or times a@nd in such mannerIas the Council may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. 5. The bonds'shall,not be issued until approved by a major- ity of the qualified voters of the City voting on the queston of their issuance at an election to be held in the City. 6. The City Clerk is hereby authorized and directed to cause a certified copy of this ordinance to be presented to the circuit Court of the City of Virginia Beach, ifirginia, which is hereby requested to order an election to subm.@t to the qualified voters of the City the question of the issuan(--e of the bonds pro- vided for herein. 7. This ordinance shall be in full forci@ and effect from its passage. Adopted by the Council of the City of Virginia Beach, vir- ginia, on the 28th day of August, 1986. Approved: mayor, City of virginia Beach, virginia FIRST READING: August 25, 1986 August 28, 1986 SECOND READING: -2- MMICIBIEIX 'A nF;l']E@NT)IUM COSIX xx $ B,600,000 Tc 5,300,000 T-y@@@@@ P@@Rw@y V 3,200,000 XX 6,900,000 T, et@@ri P@3r@w@y VXX 5,300,000 Tria:Lzm R:L@@3r FZ@@a XV 1.,300,000 XXA 6.1.00 000 $ L.0,000,000 TS -@-i@.D A1/2S TO L,-GAL 6 Item II-D.l.c ORDINANCES ITEM 25960 Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City Council ADOPTED upon SECOND RFADING: Ordinance Authorizing the Issuance of VIRGINIA BF,ACH RECREATIONAL FACILITIFS BONDS for the City of Virginia Beach, Virginia, in the maximum amount of $9,500,000, subject to the Approval of the QUALIFIED VOTERS. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE AUTHORIZING THE ISSUANCE OF VIRGINIA BEACH RECREATIONAL FACILITIES BONDS OF THE CITY OF VIRGINIA BEACH VIRGINIA IN THE MMIMUM AMOUNT OF $9,500,000 SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA, BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to expand its recreational facili- ties by the construction and equipping of a community center in the Great Neck area, which will promote the public welfare of the City and its inhabitants, and to finance costs thereof through the borrowing of $9,500,000 and issuing the City's general obli- gation bonds therefor. 2. Pursuant to the Charter of the City of Virginia Beach and the PubliC Finance Act, there are hereby authorized to be is- sued Virginia Beach recreational facilities bonds of the City in an amount not to exceed $9,500,000. The bonds may be issued as a separate issue or combined with bonds authorized for other pur- poses and sold as part of a combined issue of public improvement bonds. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear in- terest at such rate or rates not to exceed the maximum rate au- thorized by law at the time the bonds are sold, be in such denom- inations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. 5. The bonds shall not be issued until approved by a major- ity of the qualified voters of the City voting on the question of their issuance at an election to be held in the City. 6. The City Clerk is hereby authorized and directed to cause a certified copy of this ordinance to be presented to the Circuit Court of the City of Virginia Beach, Virginia, which is hereby requested to order an election to submit to the qualified voters of the City the question of the issuanco of the bonds pro- vided for herein. 7. This ordinance shall be in full force and effect from its passage. Adopted by the Council of the City of Virginia Beach, Vir- 28 August ginia, on the day of 1986. Approved: Mayor, City of Virginia Beach, Virginia FIRST READING: August 25, 1986 SECOND READING: August 28, 1986 -2- API)RO',/ED AS TO AL ITD 4 7 Item II-D.l.c ORDINANCES ITEM 25961 A MOTION was made by Concilman Moss, seconded by Councilman Balko to ADOPT upon SECOND READING Ordinance Authorizing the Issuance of COURT FACILITIES BONDS of the City of Virginia Beach, Virginia, in the maximum amount of $6,500,000 subject to the Approval of the QUALIFIED VOTERS. A SUBSTITUTE MOTION was made by Councilman Fentress, seconded by Councilwoman McClanan to DELETE an Ordinance Authorizing the Issuance of COURT FACILITIES BONDS of the City of Virginia Beach, Virginia, in the maximum amount of $6,500,000 subject to the Approval of the QUALIFIED VOTERS from the BOND REFERENDA. Voting: 4-7 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, and Reba S. McClanan Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None 8 Item II-D.l.d. ORDINANCES ITal # 25961 (Continued) A MOTION was made by Concilman Moss, seconded by Councilman Balko to ADOPT upon SECOND READING Ordinance Authorizing the Issuance of COURT FACILITIES BONDS of the City of Virginia Beach, Virginia, in the maximum amount of $6,500,000 subject to the Approval of the QUALIFIED VOTERS. Voting: 7-4 (MOTION FAILED FOR A LACK of 2/3 VOTE OF AFFIRMATIVE) Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John A. Baum, Robert E. Fentress, Harold Heischober, and Reba S. McClanan Council Members Absent: None 9 Item II-E.1 APPOINTMENTS ITEM # 25962 Upon NOMINATION by Councilman Perry, City Council APPOINTED to the CITIZENS ADVISORY COMMITTEE - COMMUNITY DEVELOPMENT : Carl J. Nagle (to fill the unexpired term of Barnett Throoughgood through 10/31/88) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 10 - Item II-E.2 APPOINTMENTS ITEM # 25962 Councilman Heischober NOMINATED Alfred W. Randolph and R. Dean Lee for REAPPPOINTMENT to the DEVELOPMENT AUTHORITY for four-year terms beginning September 1, 1986 and ending August 31, 1990. Vice Mayor Oberndorf NOMINATED Boyd Colgate to the DEVELOPMENT AUTHORITY for a four-year term beginning September 1, 1986 and ending August 31, 1990. Upon motion by Councilwoman Parker, City Council CLOSED THE NOMINATIONS. Voting: 11-0 * Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye Item II-E.2 APPOINTMENTS ITEM # 25962 (Continued) Upon NOMINATION by Councilman Heischober, City Council APPOINTED to the DEVELOPMENT AUTHORITY: Alfred M. Randolph (for a four year term beginning September 1, 1986 and ending August 31, 1990) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker* and John L. Perry * Council Members Voting Nay: None Council Members Absent: None *Verbal Aye 1 2 Item II-D.2. APPOINTMENTS ITF14 # 25962 (Continued) Councilman Heischober NOMINATED R. Dean Lee for REAPPOINTMENT to the DEVELOPMENT AUTHORITY. Voting: 5-2 (MOTION LOST) Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober and Reba S. McClanan Council Members Voting Nay: Nancy K. Parker and John L. Perry Council Members Not Voting: Barbara M. Henley, Mayor Robert G. Jones, John D. Moss and Vice Mayor Meyera E. Oberndorf Council Members Absent: None - 13 - Item II-D.2. APPOINTMENTS ITFII # 25962 (Continued) Upon NOMINATION by Vice Mayor Oberndorf, City Council APPOINTED to the DEVELOPMENT AUTHORITY: Boyd Colgate (for a four-year term beginning September 1, 1986 and ending August 31, 1990) Voting: 8-1 Council Members Voting Aye: John A. Baum, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Robert E. Fentress Council Members Not Voting: Albert W. Balko and Reba S. McClanan Council Members Absent: None - 14 - Item II-E-3 APPOINTMENTS ITEM # 25963 Upon NOMINATION by Councilman Balko, City Council APPOINTED to the WETLANDS BOARD: Paul- J. Annios (for a five-year term from September 18, 1986 thru September 30, 1991) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 5 Item II-F.1 ADJOURNMENT ITEM # 25964 BY ACCLAMATION City Council ADJOURNED the Meeting at 1:10 P.M. Hf B.,,.,ly 0 Chief Deputy City Clerk If ,,Xuth Hodges Smith, CMC 0 ert City Clerk M@ayr City of Virginia Beach Virginia it >l@ \7i I -@ ii -ii z I I @@l, i@l I "WORLD'S LARGEST RESORT CITY" 11 Al ,,llli Ill W .... .. 01 ..... .I l"IIN I il,IIIM, Ill ... k...,,, Ill I i 1,11 kVI 1".. 1, 11 1, 11.1i"'IR"ll ililill illi@ll ....... .. . ...... . 11 11 IN I I'$ 1111 1. 11 1, .111 Nil li',Ii. I i.,'If R ),,,iii Ntilli. I CITY COUNCIL AGENDA VIR(;INi,@ lli:.Al:i i, @'IRI.INI,t 2 121 @." I August 28, 1986 VIRGINIA BEACII CITY COUNCIL ITEti 1. SPECIAL SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 12:30 PM A. ELECTRO14IC ROLL CALL OF CITY COUr4CIL B. CONVENE SPECIAL SESSION C. PUBLIC REARING i. RECONSIDERATION of Parcels 70, 178, 186 and 187 i, the Seaboard Road Area in accordance witti consideration ot parcels soutli of the Green Lin@, August 26, 1986. D. ADJOURNMENT - 10 - Item II-E.l.a/b/c/d. MINUTES ITEM # 25976 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council APPROVED the Minutes of August 25, 1986 (Informal and Formal Session, August 26, 1986 (Special Informal and Formal Session), August 28, 1986 (Special Informal and Formal Session) and August 28, 1986 (Special Formal Session), as MODIFIED: Minutes of August 25, 1986: ITEM # 25916, PLANNING, Page 27: Vice Mayor requested the MOTION in the aforementioned MINUTES be RESTATED: B,5tl4.evard, AN-D, - the - MA.STER- -ST@- @ -HI-GHWAY- PLAN .tG- re-taiR-.WU.TH- PLAZA- TRA-IL- a6- tlie-re in- i-ef ei-e need. RETAIN SOUTH PLAZA TRIAL in its present state from its intersection at Holland Road to Virginia Beach Boulevard at Princess Anne Plaza Shopping Center Intersection. The widening of this portion is to be REMOVED from the MASTER STREET AND HIGHWAY PLAN. Minutes of Special Formal Session of August 26, 1986: ITEM 25950, Page 27, Item II-D.16 RECLASSIFICATION Motion was incorrectly stated: "Upon motion by Councilman Moss, seconded by Councilwoman Parker ..... it The MOTION should correctly read as follows: "Upon motion @y Councilwoman Parker, seconded by Councilman Moss.... if Minutes of Special Formal Session of August 28, 1986: Councilman Fentress advised he did not believe the reasons stated in said MINUTES for requesting RECONSIDERATION by Councilman Perry of Parcels 70, 178, 186 and 187 in the Seaboard Road Area were adequate. (Page 5, Item #25968). S P E C I A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL August 28, 1986 1:10 P.M. In accordance with City Code, Section 2-21, Mayor Jones called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNGIL in the Council Chambers, City Hall Building, on Thursday, August 28, 1986, at 1:10 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None Councilwoman McClanan requested the record reflect she did not sign the SPECIAL MEETING NOTICE distributed to City Council. @it@ C).f NTi@wi"i@ ROBERT G. JONES MUNICIPAL CENTER MAYOR VIRGINIA REACH, VIRGINIA 23456-9002 (804) 427@l August 27, 1986 HONORABLE MEMBERS OF CITY COUNCIL In accordancc@ with City Code, Section 2-21, 1 hereby call a SPECIAL MEETING of the Virginia Beach City Council for tlie purpose of Reconside-ration of City Council's action on August 26, 1986, r,@ Reclassification of Parcels in the Seaboard Road Area (Nos. 70, 178, 186 and 187) to be hel(i on Tllursday, August 28, 1986, in tlie Council Chambers at approximately 12:30 PM. RGJ/smm cc: Thomas 11. Muehlenbeck J. Dale Bimson Ruth flodges Smith, CMC Pam Lingle Virginia Beach City Council- Received Notice Councilman Albert W. Balko Councilman John A. Baum Councilman Robert E. Fentress Councilman Harold Ileischober Councilwoman Barbara M. Ilenley Mayor Robert G. Jones Councilwoman Reba S. McClanan Councilman John D. Moss Vice Mayor Meyera E. Oberndorf Councilwoman Nancy K. Parker Councilman John L. Perry - 2 - Item II-C.l.a. RECONSIDERATION ITIN # 25965 Attorney Robert Cromwell represented Johnnie R. and Page B. Hartley, owners of the properties and requested the reason for the RECONSIDERATION. RECONSIDERATION of Parcels 70, 178, 186 and 187 in the Seaboard Road Area in accordance with consideration of the parcels south of the GREEN LINE August 26, 1986. - 3 - ITEM # 25966 Jones entertained a motion to permit City Council to conduct its iwc;TIVE SESSION (1:30 P.M.) pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1 . LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council voted to proceed into EXECUTIVE SFSSION. Voting: 8-1 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Abstaining: Robert E. Fentress and Harold Heischober Council Members Voting Nay: John A. Baum Council Members Absent: None Councilman Baum and Councilman Heischober DID NOT ATTEND the MCUTIVE SESSION. 4 Item II-C.2 RECONVENE ITEM 25967 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council RECONVENED the SPECIAL FORMAL SESSION at 1:45 P.M- Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress,* Harold Heischober,* Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry* Council Members Voting Nay: None Council Members Absent: None Verbal Aye 5 Item !I-C.3 PUBLIC REARING RECONSIDERATION ITEM # 25968 Councilman Perry advised his r .... ns for requesting RECONSIDERATION as a misunderstanding of the factual situations involved with said property. A MOTION was made by Councilman Heischober, seconded by Councilman Baum to REFER RECONSIDERATION of Parcels 70, 178, 186 and 187 in the Seaboard Road Area to the Planning Commission for further recommendation. Voting: 3-8 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Robert E. Fentress and Harold Heischober Council Members Voting Nay: Albert W. Balko, Barbara M. lienley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None 6 Item II-C-3- PUBLIC HEARING RECONSIDERATION ITEM 25969 Upon motion by Councilman Perry, seconded by Councilwoman Parker, City Council SCHEDULED RECONSIDERATION of Parcels 70, 178, 186 and 187 in the Seaboard Road Area in accordance with consideration of parcels south of the GREEN LINE for the City Council Meeting of September 15, 1986, or as soon as the matter can be legally advertised with public notice. Voting: 6-5 Council Members Voting Aye: Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, and Reba S. McClanan Council Members Absent: None August 28, 1986 Item II-F.1 ADJOURNMENT ITEM 25970 BY ACCLAMATION City Council ADJOURNED the Meeting at 2:05 P.M- Beverly 0. Hooks Chief Deputy City Clerk @th Hodges-Smith, CMC es City Clerk City of Virginia Beach Virginia August 28, 1986