HomeMy WebLinkAboutAPRIL 23, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
-YOR M@EM E
- -YOR ROBERT E. FE@U@, V,,@i-i-
-@Rl
JO,, ., -UM,
H@R- A@
P@-
@.mo.s, j@.
@U@.Y I --, JR, @il, CITY COUNCIL AGENDA
IIR@1111 Rllll. "I'@
@u- -,T@,
APRIL 23, 1990
ITEM I. CITY MANAGER'S BRIEFING - Conference Room - 1:00 PM
A. LABOR DAY COMUNITY COORDINATION COMMITTEE
Dr. Harrison B. Wilson, Co-Chair
Andrew S. Fine, Co-Chair
ITEM II. CITY COUNCIL WORKSHOP - Conference Room - 1:30 PM
A. FY 1990-1991 OPERATING BUDGET
ITEq III. COUNCIL CONFERENCE SESSION - Conference Room - 4:30 PM
A. CITY COUNCIL CONCERNS
ITEM IV. D I N N E R - Conference Room - 5:00 PM
ITEM V. INFORMAL SESSION - Conference Room - 5:15 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM VI. F'ORMAL SESSION - Council Chamber - 6:00 PM
A. INVOCATION: Father Luke Polocicchio
Saint Gregory The Great Catholic 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 SESSTONS - April 16, 1990
F. PRESENTATION
1. MAYOR'S COMr4ITTEE ON ECONOMIC DEVELOPMENT STRATEGIC PLANNING
Patricia Phillips, Director, Research and Analysis
G. AUTHORIZATION
1. Little Neck Fire Station (LYNNHAVEN BOROUGH)
Sponsored by Councilman Albert W. Balko
(Approved by Item #22350, August 13, 1984)
(Deferred Indefinitely by Item #32425, February 12, 1990)
H. RESOLUTION/ORDINANCES
1. Resolution authorizing the City Manager to proceed with the
construction of the Little Neck Fire Station; and, take appropriate
action to acquire a site should it be determined that Brill Field
is not to be utilized.
2. Ordinance declaring excess property situate in the Lynnhaven
Borough of the City of Virginia Beach, Virginia, and being
designated as "2 ACS." on that certain drawing hereto made a part
of this Agenda Item; and, authorizing the City Manager to dispose
of same.
3. Ordinance to TRANSFER $450,000 from Project 1-977 Various Window
Replacement to Project 1-970 School Bus Maintenance Facility
re increase in the construction cost estimate.
I. 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 discussed and voted upon separately.
1. Ordinance, upon SECOND READING, to APPROPRIATE $175,000 from
General Fund Balance to initiate risk and remediation assessments
at nine underground storage tank sites.
2. Ordinance, upon FIRST READING, to APPROPRIATE $13,548 from the
U.S. Department of Education to the FY 1989-1990 Budget of the
Library Department re purchase of computer software for the
Alphabet Literacy System at the Adult Learning Center.
3. Ordinance, upon FIRST READING, to APPROPRIATE $4,000 from the
Office of State Adult Literacy to the FY 1989-1990 Budget of the
Virginia Beach Library Department re literacy training.
4. Ordinance to TRANSFER $3,000,000 to Project 2-831
Independence Boulevard-Phase III re increased costs for site
acquisition.
5. Ordinance appointing viewers in the petition of Harry Sandler for
the closure of a portion of Jett Street (LYNNHAVEN BOROUGH).
J. PUBLIC HEARING
1. PLANNING - RECONSIDERATION
a. REQUEST of OCEAN BREEZE FESTIVAL PARK, INC. FOR RECONSIDERATION
of Condition Numbers 8 and 10 in the June 23, 1986, APPROVED
Application of AQUA SPORTS, INCORPORATED for a Conditional Use
Permit for recreational facilities of an outdoor nature on the
East side of South Birdneck Road, 830 feet South of Bells Road,
containing 74.5 acres (PRINCESS ANNE BOROUGH).
DEFERRED February 26, 1990
Recommendation: APPROVAL
2. PLANNING
a. Ordinance for the discontinuance, closure and abandonment of an
unimproved portion of Shore Drive on the South side of Shore
Drive extending between Mystic Cove Drive and Ocean Tides
Drive, containing 7984.66 square feet, in the petition of
F. WAYNE McLESKEY, JR. (BAYSIDE BOROUGH).
DEFERRED Indefinitely (May 8, 1989);
180 days for compliance (August 7, 1989);
Additional 90 days for compliance (February 12, 1990).
Recommendation: FINAL APPROVAL
b. Ordinance for the discontinuance, closure and abandonment of a
3,750 square foot portion of the alley located 100 feet West of
Atlantic Avenue, beginning at the Southern boundary of Twilight
Lane and running Southerly between Lots 8-12 and Lots 20-24,
Block 23, Croatan Beach, being 15 feet in width, in petition of
ESTATE OF AMELIA G. McLEAN (LYNNHAVEN BOROUGH).
DEFERRED 180 days for compliance (March 12, 1990).
Recommendation: FTNAL APPROVAL
c. Application of AMERICAN INDUSTRIAL LOAN ASSOCIATION for a
Change of Zoning District Classification from 0-2 Office
District to B-2 Community Business District at the Southeast
corTer-of HoTlan-d Road and Stoneshore Road (3420 Holland Road),
containing 1.363 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
d. Application of LANDS END ASSOCIATES for a Modification to the
Land Use Plan for Ocean Lakes to allow 64 single family
detached dwellings on the South side of o@d Ruler Drive,
130 feet more or less East of Unicorn Drive, containing
11.111 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
e. Application of WILLIAM E. CHAPLAIN for a Conditional Use Permit
for a riding academy and horses for boarding at the Northeast
corner of Pleasant Ridge Road and Charity Neck Road
(1508 Pleasant Ridge Road), containing 79 acres
(PUNGO BOROUGH).
Recommendation: APPROVAL
f . Application of LUCILE B. BROWN for a Change of Zoning District
Classification from B-2 Community Business District to
R-40 Residential District on the South side of Providence Road
beginning at a point 360.14 feet East of Reon Drive, containing
1.56 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
g. Petition of EVELYN A. MUNDEN for the discontinuance, closure
and abandonment of:
Parcel 1: Portion of Bratten Street beginning at the Northern
boundary of Cason Avenue Relocated and running in a Northerly
direction a distance of 50 feet.
Parcel 2: Cason Avenue beginning at the Eastern boundary of
Seaboard Road and running in an Easterly direction a distance
of 1179.75 feet.
Total: 1.4093 acres (PRINCESS ANNE BOROUGH)
Recommendation: APPRO"L
h. Application of BALANCE PROPERTIES for a Conditional Zoning
Classification from AG-2 Agricultural District to T-1 Light
Industrial District on the South side of Shipps Corner Road,
1300 feet more or less East of Holland Road, containing 21.7
acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
i. Petition of the CITY OF VIRGINIA BEACH, VIRGINIA, for
discontinuance, closure, and abandonment of:
Parcel 1: Unimproved 30-foot road beginning 680 feet more or
less Northwest of the Western boundary of James Madison
Boulevard and running in a Northwesterly direction a distance
of 395 feet more or less.
Parcel 2: Western terminus of Courthouse Drive beginning
350 feet more or less West of James Madison Boulevard and
running in a Northwesterly direction a distance of 317 feet
more or less.
Parcel 3: Portion of Courthouse Drive beginning at the Western
boundary of James Madison Boulevard and running in a
Northwesterly direction a distance of 348 feet more or less.
Parcel 4: Portion of Glebe Road beginning at the Southwestern
boundary of Princess Anne Road and running in a Southwesterly
direction a distance of 638.48 feet more or less.
Total: 2.295 acres (PRINCESS ANNE BOROUGH)
Recommendation: APPROVAL
K. UNFINISHED BUSINESS
1. SATELLITE AREA FOR LABOR DAY 1990
Mr. Chuck Tracy and Mrs. Maria Peters
(Sponsored by Council Lady Reba S. McClanan)
L. NEW BUSINESS
M. ADJOURNMENT
CITY COUNCIL SESSIONS RESCHEDULED
APRIL 30, 1990 2:00 PM
(Planning Items)
RESCHEDULE OF APRIL 9, 1990
"PASSOVER" HOLIDAY
f4AY 29, 1990 6:00 PM
(Planning Items)
RESCHEDULE OF MAY 28, 1990
"MEMORIAL DAY" HOLIDAY
(All other Sessions will be in accordance with the City Code)
* * * * * * * i@ * * *
FY 1990-1991 OPERATING BUDGET
APRIL 23, 1990 1:30 - 4:30 PM
COUNCIL WORKSHOP
FY 1990-1991 OPERATING BUDGET
MAY 2, 1990 4:00 PM - 6:00 PM
COUNCIL RECONCILIATION WORKSHOP
FY 1990-1991 OPERATING BUDGET
Council Conference Room
MAY 7, 1990 2:00 PM
PUBLIC HEARING AND FIRST READING
APPROPRIATION ORDINANCE
FY 1990-1991 OPERATING BUDGET
(Formal City Council Session)
MAY 14, 1990 2:00 PM
SECOND READING AND ADOPTION BY CITY COUNCIL
FY 1990-1991 OPERATING BUDGET
(Formal City Council Session)
4/19/90 lbs
- 12 -
Item VII-E.2.
MINUTES ITEM # 32734
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City
Council APPROVED, AS AMENDED, the Minutes of the INFORMAL AND FORMAL SESSIONS
of April 23, 1990:
ITEK # 32709, page 24 and 25
ORDINANCE UPON APPLICATION OF AQUA SPORTS, INC. FOR
A CONDITIONAL USE PERMIT FOR RECREATIONAL
FACILITIES OF AN OUTDOOR NATURE R0686849
Condition Number 8:
1. APPROVED request to keep mechanical rides
and other activities open daily (seven days
a week) from 10:00 AM until 12:00 Midnight.
2. APPROVED miniature golf, pizza restaurant
and activities from Shipwreck Golf Course to
Birdneck Road may be open from 10:00 A.M.
until 2:00 AM, daily (seneii days a iieel;),
Friday and Saturday only.
Condition Number 10:
4. Trees shall be preserved on the development
site where possible. A tree protection and
planting plan shall be submitted to the City
Arborist and Director of the Virginia Museum
of Marine Science for review before any
clearing or development activity takes
place. The plan shall include a pre- and
post-development tree inventory. This
condition sh@ll apply to all future
development.
6. All other conditions shall remain the same.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virgltila Beacti, Virglnla
April 23, 1990
The BRIEFING SESSION relative the LABOR DAY COMMUNITY COORDINATION COMMITTEE
was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City
Hall Building, on Monday, April 23, 1990, at 1:00 P.M.
Council Members Present:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf,'Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Absent:
John A. Baum (ENTERED: 6:00 P.M.)
Barbara M. Henley (ENTERED: 1:47 P.M.)
John L. Perry (ENTERED: 2:20 P.M.)
- 2 -
LABOR DAY COMKUNITY COORDINATION COMMITREE
4:03 P.M.
ITEM # 32688
Dr. Harrison Wilson and Mr. Andrew Fine, Co-Chairs, Labor Day Community
Coordination Committee, advised a Redwing Community Meeting was held on April
17, 1990. Mr. Fine was unable to attend due to a Planning Commission Hearing.
The Meeting was approximately two hours in duration. Four of the Co-Chairs made
their presentations and responded to questions during the entire meeting. The
group was most patient and respect was apparent on both sides.
Mr. Fine distributed a SUBCOMMITTEE MEETING SCHEDULE:
Community Participation April 23, 1990 5:30 P.M. Social Services
Building
Private Sector April 24, 1990 12:00 NOON Fine, Fine,
Legum and Fine
Commerce Bank
Building
5100 Cleveland
Public Information May 1, 1990 7:15 P.M. Park Inn
May 15,1990 7:15 P.M. International
Fifth & Atlantic
A Meeting has been SCHEDULED with the Beach Borough Civic Leagues on Wednesday,
April 25, 1990, at 5:00 P.M. at the Virginia Beach United Methodist Church. The
Co-chairs of the various Subcommittees will be in attendance to explain the
activities of LABORFEST.
Laborfest brochures have been forwarded to one hundred fifteen (115)
historically Black colleges and universities. These brochures contain the
various City regulations, activities and parking locations.
Councilman Moss requested the Brochures relative the activities for Laborfest
be distributed in area libraries.
The Program Subcommittee continues to meet and is starting to develop a strong
sense of the approximate financial requirements to provide Beachfront
entertainment, which appears to be in the $23,000 range.
Mr. Fine has personally instituted a small work group to try to address a
different facet of the weekend and programing. There is a very high powered
group of individuals who are attempting to put a screening for black film
makers in the region for the week prior to Labor Day and secure major critics
to attend and critique the works during public forums. This may eventually turn
into an annual event.
Mayor Oberndorf advised of her attendance at the First Annual Awards Dinner of
the National Organization of Black Enforcement Executives at the Howard Johnson
Inn at 7:00 P.M. on Saturday, April Twenty-first. NOBEL is an incorporated,
non-profit organization of police chiefs, command-level law enforcement
officials (FBI, CIA), criminal justice educators and persons interested in
promoting the goals and objectives of the organization. NOBLE's goals are to
develop, implement and manage innovative ideas, concepts and programs that
impact crime and violence. NOBEL has offered their assistance during LABORFEST
in any way appropriate.
- 3 -
FY 1990 - 1990 OPERATING BUDGET WORKSHOP
ITEM # 32689
1:38 P.M.
E. Dean Block, Assistant City Manager for Analysis and Evaluation, reviewed the
FY 1990-1991 OPERATING BUDGET and responded to City Council inquiries
commencing with Courts and Public Defender, Commonwealth's Attorney, Sheriff
and Corrections, Juvenile Probation, Pendleton Child Service Center, Office of
Community Corrections, Health Department, Occupational Health, Social Services,
Police, Public Works, Parks and Recreation, Library, Planning, Agriculture and
Economic Development.
Commonwealth's Attorney Robert Humphreys was in attendance to apologize for a
Member of his staff appearing at the April 19, 1990, FY 1990 - 1990 OPERATING
BUDGET PUBLIC HEARING relative the Victim/Witness Program. The General Assembly
in the Appropriations Act voted two attorneys for his office, one this fiscal
year and one the next fiscal year. The Governor did a line veto of this
provision. The result, of which, it is now back with the Compensation Board.
The Compensation Board has indicated they will provide an attorney this year,
but without assurances for the next year. Mr. Block will provide information
relative the Measures for the Commonwealth's Attorney's Office for last year to
provide information, if the workload justifies the management action.
Commonwealth's Attorney Humphreys advised Mr. Block was provided a copy of the
recent study by the Joint Legislative Audit and Review Commission of the
staffing standards for prosecutor's offices throughout Virginia. It was
determined the Office of the Commonwealth's Attorney required an addition of
13.4 individuals in his office. The Victim/Witness Program is still being
maintained at its current level.
Mayor Oberndorf advised the white ribbon on Commonwealth's Attorney Humphreys
jacket was in commemoration of Victim/Witness Week April 22 - April 29, 1990.
Sheriff Frank H. Drew advised food for the prisoners was costing approximately
82cts a meal. Replacement kitchen equipment is included in the budget
recommendation. The kitchen at the present time is a tremendous fire hazard
with all equipment dating back to 1978. The new facility which is costing
approximately $168,000 a year to operate is being funded totally by the Federal
Government. This facility will also be provided meais from the same kitchen.
City Council Members congratulated Sheriff Drew on his Work Release Program.
At the present time, the Work Release Program is comprised of seventeen
inmates. Upon completion of the Work Release Facility in the spring of 1990,
expansion of the program is planned to allow for fifty inmates. An additional
100 inmates who committed minor offenses will be housed at the facility. The
rent for the facility will be covered by reimbursements from the Federal
government for housing federal prisoners.
The City Manager and Sheriff Drew have developed a contractual agreement with
the United States Marshall for the acceptance of 16 federal inmates into the
City's Correctional system. The Federal Government will pay $44 a day for each
inmate. These funds should allow payment for the Work Release Facility. It is
estimated that the reimbursement for eleven (11) inmates will cover total
operating costs for this facility. Therfore, additional inmates will produce
revenue to cover some of the cost of the kitchen equipment.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 32690
Vice Mayor Fentress requested a City Staff Presentation relative Home
Occupations.
ITEM # 32691
Counc i I woman Henley ref eren ced her correspon den ce re l at l ve c[ti zens from the
Involved neighborhoods serving on the LABOR DAY COMMUNITY COORDINATION
COMMITTEE. Councilwoman Henley understood appointments were being made by the
Co-Chairs of the Subcommittees.
ITEM # 32692
Councilwoman McClanan referenced her sponsorship of the Redwing Park area for
residents regarding the utilization of Park for some of the LABORFEST
activities. This item is under UNFINISHED BUSINESS during the Format City
Council Session.
- 5 -
ITEM # 32693
The INFOR14AL SESSION of the VIRGINIA BEACH CITY COUNCIL was cal led to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui Iding, on
Monday, April 23, 1990, at 5:15 P.M.
Council Members Present:
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 Absent:
John A. Baum
- 6 -
ITEM # 32694
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publ icly held property, or of the plans for the future of
an Institution which could affect the value of property owned or desirable
for ownership by such Institution pursuant to Section 2.1-344(A) (3). (1)
To Wit: Little Neck Fire Station - Site Acquisition.
2. LEGAL MATTERS: Consultation with legal counsel or brief ings by staff
members, consultants or attorneys, pertaining to actual or probable
I ltigation, or other specif ic legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or
probable I itigation or other specif ic legal matters are the fol lowing: (1)
City of Virginia Beach v. Commonwealth of Virginia.
Upon motion by Vice Mayor Robert E. Fentress, seconded by Counc! Iman Sessoms,
City Council voted to proceed Into EXECUTIVE SESSION.
Voting: 10-0
Council Members Votlng Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 7 -
VIRGINIA BEACH CITY COUNCIL
April 23, 1990
6:00 P.M.
Mayor Meyera E. Obern dorf cal led to order the FORMAL SESS ION of the VIRGINIA
BEACH Cl TY COUNC[ L In the Counc i I Chambers, City HAII BuIIding, on Monday,
April 23, 1990, at 6:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Vice Mayor Robert E. Fentress
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
8
Item VI-D.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 32695
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, 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: 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 Abstaining:
John A. Baum
Council Members Absent:
None
Councilman Baum ABSTAINED as he was ABSENT during the EXECUTIVE SESSION.
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, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon rnotion by Vice Mayor Fentress, seconded by Councilman Sessorns, City Council voted to
proceed into EXECUTIVE SESSION to consider-
1. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or
use of real property for public purpose, or of the disposition of publicly held
property, or of the plans for the future of an institution which could affect the value
of property owned or desirable for ownership by such institution pursuant to Section
2.1-344(A) (3). (1) To Wit: Little Neck Fire Station - Site Acquisition.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members,
consultants or attorneys, pertaining to actual or probable litigation, or other
specific legal matters requesting the provision of legal advice by counsel pursuant to
Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal rnatters
are the following: (1) City of Virginia Beach v. Commonwealth of Virginia.
VOTE: 10-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, Vice Mayor Robert E. Fentress, None
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
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None John A. Baum
Council Members ABSENT for the Meeting:
John A. Baum
4 - --
Rut@odge.- Smith, CMC/AAE
City Clerk
9
Item VI-E.l.
MINUTES ITEM 32696
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of April 16,
1990.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McCianan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 10 -
Item VI-F.l.
PRESENTATION ITEM # 32697
MAYOR'S COMMITTEE ON ECONOMIC DEVELOPMENT
STRATEGIC PLANNING
Patricia Phillips, Director or Research and Strategic Analysis, and Co-Chair of
the MAYOR'S COMMITTEE ON ECONOMIC DEVELOPMENT STRATEGIC PLANNING, referenced
the two reports and brochure distributed to City Council. One ot the reports is
an individual analysis and recommendation ot the four (4) Subcommittees
Involved in the report. The Final Report summarizes the individual subcommittee
reports.
The MAYOR'S COMMITTEE on ECONOMIC DEVELOPMENT AND STRATEGIC PLANNING is a
partnership of some 100 leaders from Virginia Beach's private and public
sectors and was formed to devise a City-wide strategic plan to guide and
enhance our City's future economic development.
The approach to developing a strategic plan for Virginia Beach's Economic
Development followed four basic phases:
Phase I - Issue Identification
Phase 11 - Internal and External Analyses
Phase Ill - Goals, Objectives and Strategies
Phase IV - Implementation
Regarding Phase 1, tour issues were identified as most important to the City's
future:
Philosophy and Administrative Coordination of
Economic Development
Functions of the Department of Economic Development
Image and Name Recognition
Education
Phase It - Internal and External Analysis was a broad-based consensus building
process and Involved the analysis of internal strengths and weaknesses and the
external threats and opportunities as they impacted each of these issue areas.
Phase Ill - Goals, Objectives and Strategies were def ined to address the
aforementioned Issues. The first goal was to develop a pro business phi losophy
to set the stage for future economic development. Other goals included
strengthening higher education, as well as investing in non-residential
development to support the City's residential tax base.
Phase Vi - Implementation Is already In progress. The Development Services
Center has been created to streamline the development process. In addition, the
City's Director ot Economic Development, Andy Burke, has several initiatives In
progress.
Dr. E. T. "Joell Buchanan, 111, Co-Chair, MAYOR'S COMMITTEE ON ECONOMIC
DEVELOPMENT STRATEGIC PLANNING, recognlzed the superb work of the four Chairs
of the Subcommittees:
Item VI-F.l.
PRESENTATION ITEM # 32697 (Continued)
MAYOR'S COMMITTEE ON ECONOMIC DEVELOPMENT
STRATEGIC PLANNING
SUBCOMMITTEE I
PHILOSOPHY AND ADMINISTRATIVE COORDINATION
OF ECONOMIC DEVELOPMENT
John Richardson
SUBCOMMITTEE 11
FUNCTIONS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT
Dennis Ackerman
SUBCOMMITTEE Ill
IMAGE AND NAME RECOGNITION
Sean Brickell
SUBCOMMITTEE IV
EDUCATION
Dan Kensil
For the last thirty years, the City has been relying on three basic elements:
Inexpensive and available raw land.
Cold War and Military presence.
Sound system of schools, colleges and
universities.
The first element is to some extent constricted. The second element is in
transition and the third element is of fundamental importance to the
accomplishments of the City.
W. Andrew Burke, Director of Economic Development, advised with the
globalization of international markets, technology advancing at a pace beyond
comprehensive, Importance of quality of life issues, and the intensified
competition among cities in the United States, Cities successful with economic
development will have a plan similar to the one presented by the MAYORS
COMMITTEE ON ECONOMIC DEVELOPMENT STRATEGIC PLANNING. This Plan will be the
road map, guide and cornpass to make this City successful.
Mr. Burke quoted Mayor Oberndorf: "Strategic Planning is the foundation upon
which we have placed the economic future of Virginia Beach. We have a clear
purpose with vision, tocus and direction".
- 12 -
Item VI-F.I.
MAYOR'S COMMITTEE ON ECONOMIC DEVELOPMENT
STRATEGIC PLANNING
ITEM # 32698
Upon motion by Counc i I man Heischober, seconded by Counc i I woman Hen l ey, City
Council ACCEPTED:
THE STRATEGIC PLAN
OF THE
MAYOR'S COMMITTEE ON ECONOMIC DEVELOPMENT STRATEGIC 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
- 13 -
Item VI-G.l.
AUTHORIZATION
RESOLUTIONS/ORDINANCES ITEM # 32699
Little Neck Fire Station
The following spoke relative the Little Neck Fire Station:
James Newton, 717 Runnymede Circle, Phone: 486-3357, advised during the months
of February and March, residents of Little Neck Neighborhoods met with
Councilman Balko and Deputy Chief Quist to locate and examine suitable
alternate sites. An alternate site on Little Neck Road at the end of Newcastle
Road was judged superior to the Brill Field location by Chief Quist, Mr. Balko
and the majority of the participants in the Little Neck Meetings. The
Newcastle site with its location on the main thoroughfares affords all
residents of the peninsula a desired response time of five minutes or less.
With the location at Bril I Field, response times in some areas would be
greater. Mr. Newton requested additional time be granted to allow the fruition
of this plan. The Fire Department has agreed, if necessary, to have the
London Bridge Station open for an additional year. Mr. Newton requested al I
citizens to stand who were In favor of preserving Bri I I Field and placing the
fire station at an alternate site.
R. Glen Bashford, 705 Oxford Drive, Phone: 340-7728, expressed appreciation to
Counci Iman Balko and Deputy Chief Quist and was In support ot Counci Iman
Balkols solution of an alternate site.
Ben A. Krause, 1436 Five Hi] I Tral I , Phone: 486-3721, President of the Sea
Breeze Farms Clvic League, agreed with Councilman Balkols solution. As City
Water and fire hydrants are not available to the residents north ot Harris
Road and with the delay In the opening of the fire station, Mr. Krosey
expressed a sense of urgency. Mr. Krosey also expressed a desire for City
water.
Mark Terrell, 869 Bishops Gate Lane, Phone: 463-1588, represented the Bishop
Gates Civic League and the Chairman, Bill Stuart, was undergoing surgery.
Bishop Gates Clvic League is OPPOSED to the relocation of the proposed Fire
Station from Brill Fleld to the terminus at Newcastle Road.
Councilman Balko advised having met with the affected organizations
approximately six times over the last month and a 'half, various proposals
have been examined and It appears a "win-win" situation is at hand. Councilman
Balko requested the City Staff in sixty days or less to bring back the item
related to Little Neck Fire Station with appropriately developed background
Information and recommendations. During this Interim period, London Bridge Fire
Station will remain open until the location ot a Fire Station in the Little
Neck Area.
BY CONSENSUS, City Council DEFERRED for an additional sixty (60) days or less,
decision regarding the location of Little Neck Fire Station.
- 14 -
Item VI-H.I./H.2.
RESOLUTIONS/ORDINANCES ITEM # 32700
BY CONSENSUS, City Council TOOK NO ACTION:
Resolution authorizing the City Manager to proceed
with the construction of the Little Neck Fire
Station; and, take appropriate action to acquire a
site should it be determlned that Brill Field is
not to be utilized.
AND,
Ordinance declaring excess property situate in the
Lynnhaven Borough of the City of Virginia Beach,
Virginia, and being designated as 112 ACS." on that
certain drawing hereto made a part of this Agenda
Item; and, authorizing the City Manager to dispose
of same.
- 15 -
Item VI-H.3
ORDINANCES ITEM # 32701
Councilman Moss in 1986 had raised a question relative the potential
consolidation between the School and the City regarding the School Bus
Maintenance Facility. The City and School Board jointly commissioned a research
entitled "Report on Feasibility of Consolidating City and School Fleet
Maintenance Operations" by David M. Griffith and Associates. Councilman Moss
requested a status report relative the recommendations on all the issues the
School Board was to address relative Bus Maintenance and to what extent the
procedures now being utilized deviate from said recommendations and the
underlying justification. A more thorough explanation is desired before the
transfer of such a large sum of money. Councilman Moss inquired if Project 1-
977 has, in effect, been a surplus bank account for the School Board.
Councilman Moss requested E. Dean Block, Assistant City Manager for Analysis
and Evaluation, to respond to this concern.
Dr. Andrew T. Carrington, Assistant Superintendent, advised the facility was to
be a "shed type" building with basically a roof top and no sides. The majority
of the bus maintenance is handled during the School year. Thus problems arose
with inclement weather. The basic cost of the building is $406,545. This is
approximately $65.97 per square foot. However, there are added costs with
additional equipment, utilities and site work which was not included in the
original proposal.
David Pace, Transportation Director, and Howard Collins, Staff Architect,
advised the Griffith Report recommended a Satellite, canopy-type butler
building. A canopy-type facility is adequate for other climates, but mechanics
in Virginia Beach cannot work in this type of facility during inclement winter
weather. The major work will still be performed at the Oceana Facility, which
has not been expanded since 1975. Mr. Pace has substantially overseen the
fulfillment of many of the recommendations in the Feasibility Report. The per
unit cost for maintenance of school buses is approximately $1800.
Upon motion by Councilman Sessoms, seconded Councilman Heischober, City Council
ADOPTED:
Ordinance to TRANSFER $450,000 from Project 1-977
Various Window Replacement to Project 1-970 School
Bus Maintenance Facility re increase in the
construction cost estimate.
- 16 -
Item VI-H.3
ORDINANCES ITEM # 32701 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
I AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
2 OF $450,000 TO PROJECT 1-970 SCHOOL BUS
3 MAINTENANCE FACILITY TO COVER THE INCREASE
4 IN THE CONSTRUCTION COST ESTIMATE
5 WfiEREAS, the Capital Improvement Program includes project 1-970 School
6 Bus Maintenance Facility for the construction of a school bus maintenance and
7 repair facility adjacent to Clenwood Elementary School;
8 WHEREAS, based on the latest engineering cost estimate, the project will
9 need an additional $450,000 to cover the increase in costs;
10 WHEREAS, the additional amount needed may be transferred from project
11 1-977 Various Window Replacement since the project cost is lower than the amount
12 previous appropriated to the project.
13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT-Y OF
14 VIRGINIA BEACH, VIRGINIA:
15 That funds in the amount of $450,000 are hereby transferred from project
16 1-977 Various Window Replacement to project 1-970 School Bus Maintenance
17 Facility to cover the increase in the construction cost estimate.
18 This ordinance shall be in effect from the date of its adoption.
19 Adopted by the Council of the City of Virginia Beach, Virginia on th(3
20 23 day of April 1 1990.
1 7
Item IV-I.
CONSENT AGENDA ITEM # 32702
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED in ONE MOTION Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
Albert W. Baiko, 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
- 18 -
Item IV-I.1
CONSENT AGENDA ITEM # 32703
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $175,000 from General Fund
Balance to initiate risk and remediation
assessments at nine underground storage tank sites.
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
I AN ORDINANCE TO APPROPRIATE $175,000 FROM
2 GENERAL FUND BAIANCE TO INITIATE RISK
3 AND REMEDIATION ASSESSMENTS AT NINE
4 UNDERGROUND STORAGE TANK SITES
5 WHEREAS, in 1989, State Water Control Board regulations went into effect
6 requiring owners of underground storage tanks to provide leak protection,
7 corrosion protection, and spill/overfill protection on all tanks by certain dates
8 depending primarily on the age of the tanks;
9 WHEREAS, Board regulations also require stringent cleanup provisions of
10 underground storage tank sites should a leak occur;
11 WHEREAS, the City Garage recently identified nine sites whicb have leaking
12 underground storage tanks and have discontinued use of the tanks at these sites;
13 WHEREAS, the State Water Control Board requires risk and remediation
14 assessments at each site by May 1, 1990 to determine in part the extent of
15 contaminated soil and ground water;
16 WHEREAS, General Services has estimated the cost of contracting with a firm
17 to conduct risk and remediation assessments at $175,000;
18 NOW, THEREFORE, BE ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
19 VIRGINIA, that funds in the amount of $175,000 be appropriated from General Fund
20 Balance for conducting risk and remediation assessments at nine sites where
21 underground storage tanks have been found leaking.
22 Adopted by the Council of the City of Virginia Beach, Virginia, this
23 23 day of April , 1990.
24 This ordinance shall be in effect from the date of its adoption.
25 First Reading: April 16, 1990
26 Second Reading: April 23, 1990
- 19 -
Item IV-I.2
CONSENT AGENDA ITEM # 32704
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $13,548 from the
U.S. Department of Education to the FY 1989-1990
Budget of the Library Department re purchase of
computer software for the Alphabet Literacy System
at the Adult Learning Center.
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.
Councii Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO APPROPRIATE $13,548 FROM
THE U.S. DEPARTMENT OF EDUCATION TO THE FY89-90
BUDGET OF THE LIBRARY DEPARTMENT TO PURCHASE
COMPUTER SOFTWARE FOR THE ADULT LEARNING CENTER
1
2 WHEREAS, the Library Department is coordinating a joint literacy project
3 with the Friends of the Virginia Beach Public Library, the City Public Schools,
4 and the Human Services Departments of the City, to establish a special classroom
5 at the Adult Learning Center;
6 VHEREAS, this Principle of the Alphabet Literacy System classroom will
7 offer literacy training to approximately 500 adults annually who read below the
8 6th grade level;
9 VHEREAS, the Library Department has applied and been approved for $13,548
10 from the U. S. Department of Education to purchase computer software which will
11 provide interactive videodisc technology to students of the Adult Learning
12 Center.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEAGH, VIRGINIA, that estimated revenues from the Federal Goverriment be increased
15 by $13,548;
16 BE IT FURTHER ORDAINED that $13,548 be appropriated to the FY89-90
17 Operating Budget of the Library Department to purchase computer software for the
18 Alphabet Literacy System classroom at the Adult I-earning Center.
19 This ordinance shall be in effect from the date of its adop,tion.
20 Adopted the - day of 1990, by the @Council 'Of the Ci.ty of
21 Virginia Beach, Virginia.
22 First Reading:
23 Second RpadLng:
- 20 -
Item IV-H.3
CONSENT AGENDA ITEM # 32705
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $4,000 from the Office of
State Adult Literacy to the FY 1989-1990 Budget of
the Virginia Beach Library Department re literacy
training.
Councilwoman Henley inquired relative Food and Food Service Supplies in the
amount of $500 and its connection with adult literacy.
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
AN ORDINANCE TO APPROPRIATE $4,000 FROM
THE COMMONWEALTH TO THE FY89-90 BUDGET OF THE
LIBRARY DEPARTMENT FOR LITERACY TRAINING
2 VHEREAS, the State Office of Adult Literacy initiated a major effort to
3 reduce illiteracy among adults throughout the Commonwealth;
4 WHEREAS, the Library Department of Virginia Beach is the lead agent for
5 Regional #12 Literacy Coordinating Committee;
6 VHEREAS, the State provides $4,000 per year to each Regional Committee to
7 provide training sessions for the adult literacy trainers;
8 VHEREAS, these funds will be used to pay for literacy trainers ancl food
9 for training sessions and meetings.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIR@@INIA
11 BEACH, VIRGINIA, that estimated revenues from the Commonwealth be increased by
12 $4,000;
13 BE IT FURTHER ORDAINED that $4,000 be appropriated to the FY89-90 Operating
14 Budget of the Library Department in support of literacy training.
15 This ordinance shall be in effect@ from the date of its adoption.
16 Adopted the - day of 1990, by the Council of the City of
17 Virginia Beach, Virginia.
18 First Reading: April 23, 1990
19 Second Redaing:
20
- 21 -
Item IV-H.4
CONSENT AGENDA ITEM # 32706
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER $3,000,000 to Project 2-831
Independence Boulevard-Phase III re increased costs
for site acquisition.
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
1 AN ORDINANCE TO TRANSFER FUNDS IN THE
2 AMOUNT OF $3,000,000 TO PROJECT 2-831
3 INDEPENDENCE BOULEVARD-PHASE III TO COVER
4 THE INCREASED COSTS FOR SITE ACQUISITION
5 WHEREAS, the Capital Improvement Program includes project 2-831
6 Independence Boulevard-Phase Ill which provides for the acquisition of right-
7 of-way and widening of Independence Boulevard to eight lanes from Holland Road
8 to Jeanne Street;
9 WHEREAS, for the past one and one-half years, the city has been
10 acquiring right-of-way for this project which is estimated in the CIP to have a
11 total site acquisition cost of @7,500,000;
12 WliEREAS, due to increases in land values, associated costs of reldcating
13 24 families at the north end of the project, and purchase of entire comme@cial
14 parcels which lost parking as a result of the road alignment, thc@ estimat,!d site
15 acquisition costs of this project have increased by $3,000,000;
16 WHEREAS, the additional $3,000,000 neede@d may be provided to project
17 2-831 by transfers from existing projects, with the transferred funds to be
18 replaced in the next update of the CIP.
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT'Y OF
20 VIRGINIA BEACH, VIRGINIA:
21 That funds in the amount of $3,000,000 are hereby transferred as E;hown
22 below to provide for increased site acquisition costs foi: project 2-831
23 independence Boulevard-Phase III:
24 Transfer from:
25 Project 2-096 Ferrell Parkway-Phase V $ "500,000
26 Project 2-823 Salem Canal Improvements-Phase 1 2-'500-000
27 Transfer to:
28 Project 2-831 Independence Boulevard-Plhase III $ i-@000-000
29 This ordinance shall be effective on the date of its adoption.
30 Atiopted by Llie Counci-I of the City of Virginia Beach, virgitlia on 'Ihc
31 23 day of April 199@)@
ATTACHMENT A
Funds to be transferred from the following projects:
2-096 Ferrell Parkway-Phase V $ 500,000
Project is presently under design with construction
scheduled to begin in 1993. With funds to be replaced
in the upcoming CIP, the transfer of funds from this
project will not affect the design schedule.
2-823 Salem Canal Improvements 2,500,000
Project is presently under preliminary design.
Recommendations of the city stormwater management study
is being evaluated by city staff. With funds to be
replaced in the upcoming CIP, the transfer of funds from
this project will not affect the construction schedule.
Total Transfers $ 3 000 000
- 22 -
Item IV-H.5
CONSENT AGENDA ITEM # 32707
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance appointing viewers in the petition of
Harry Sandler for the closure of a portion of Jett
Street (LYNNHAVEN BOROUGH).
The Viewers are;
David Grochmal Director of General Service
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Moody E. Stallings, Jr., attorney for Harry Sandler,
being first duly sworn, deposes and state:
1. That I am an attorney at law practicing in the City of
Virginia Beach, Virginia and represent Harry Sandler.
2. That on the 9th day of April, 1990, and on the 16th day
of April, 1990, notice of the presenting of the application to
close a portion of that certain street known as Jett Street on
behalf of Harry Sandler as published in the Beacon, a newspaper
with general circulation in the City of Virginia Beach, Virginia.
Further the deponent sayeth not.
Moody E. Stallings, Jr.
Subscribed and sworn be@ me t day of
1990.
40 @ ry PU
My Commission Expires:,
Sl@IINGS
@lC@ARDSON
l,.. @IA
STALL[Nr.S ANo RICHARDSON, P
ATTORNEYS AND COUNSELLORS AT LAW
BEACH TOWER SUITE 500
3330 PACIFIC AVENUE
P. 0. BOX 1587
VIRGINIA BEACH, VIRUINIA a3451
MDOEIY E. STALLINGS..JR. TELEPH..E 1.041 .22-.700
JOHN W. RICHARDSON -
DEBCIRAH L. RAWLS TELECOPIER 18041 .22-3320
GREGORY KIM PUGH
1 . 1, jobn Ricbardson, atto_ey for Harry S-dler, hereby certify
that I am an attomey at law and represent Harry Sandler, the petitioner.
2. If the property described below is discontinued, closed and
vacated by the Council of the City of Virginia Beach, Virginia, then
title to said proper-ty will vest in Harry Sandler, the holder of the
underlying fee in said proper-ty.
The said property referred to herein is hereby described as follows:
ALL OF THAT parcel of land located on the
south side of U.S. Route 60 (Shore Drive). which
U.S. Route 60 is shown as Atlantic Avenue on the
hereinafter described plat and which parcel of land
is also located in the Lymbaven Shores area of
L@ven Borough in the City of Virginia Beach,
Virginia and is more particularly bounded and
described as follows: All of that certain parcel
of land shown as JEIIT on the Plat of
Lymhaven Shores dated April, 1926, made by P.F.
Mueller and recorded in @ of fice of the Clerk of
the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 7, at page 167. Said parcel
of land nveyed-herei-n is further described
as begiming at a point at the intersection of the
southern right-of-way of U.S. Route 60 (Shore
Drive) which is shown on the aforesaid plat as
Atlantic Avenue and the western right-of-way of
Jett Street; thenoe frm said Point of Beginning N
43 * 03' 45" E 61.21' along the aforementioned
right-of-way of Shore Drive to a point thence S 35'
30' 18" E 77.33' along the eastern right-of-way of
Jett, Street to a point; thence following curve to
the right with a radius of 405.60' and an arc
length of 178.31' to a point; thence s 10' 19' 00"
E 75.00' to a point; thence S 79 ' 41 ' 00" W
60.00' to a point; on the western right-of-way of
Jett Street; thence following the aformmtioned
westem right-of-way of Jett Street N 10- 19- 00"
W 75.00' to a point; thence foll@ing a @e to
STALLINEiS ANt3 RIC:HAR13SON
the left with a radius of 345.60' ar)d an arc length
of 151.93' to a point; th-- N35' 30' 1811 w 65.201
to the Point of Beg g. The above des-ibed
parcel contains 0.429 acres more Or less.
JWR/jfh
ORDINANCE APPOINTING VI
WHERAS, Harry Sandler has given due and PrOper notice in accordance with
tha th Z_ da
the statues for such cases made t he will On e 3rd y of
April , 1990 apply to the City Council of the city of Virginia
Beach, Virginia , for the appointment of Viewers to view the below-
described property and report in writing to the council whether, in the
opinion of said Viewers, any, and if _y, what inconvenience would result
from the discc)ntinuance of the hereinafter des-ibed portion of that
certain street of variable width, and has filed such application with
said Council.
NOW, THEREFORE, be it ORDAINED by the council of the City of Virginia
Beach, Virginia:
THAT Robert Scott C. Oral Lambert, Jr.
and David Groc are hereby appointed to view the
below described property and report in writing to the Council, as soon as
possible, whether their opini-, -Y, and if any, what inconvenience
would result in the discc)ntinuing and vacating of a portion of that
certain street of variable width located in the city of Virginia Beach,
Virginia and more particularly described as follows:
Ai.L CY THAT parcel of land located on the south
side of U.S. Route 60 (Shore Drive) which U.S.
Route 60 is shown as Atlantic Av-ue - the
hereinafter described plat and which parcel of land
is also located in the Lynnhaven Shore-s - of
Lynnhaven Borough in the City of Virginia Beach,
Virginia and is more particularly bounded and
described as follows: All of that certain parcel
of land shown as J= On the Plat Of
Lynnhaven Shores dated April, 1926, made by P.F.
Mueller and recorded in the Office of the Clerk of
the Circuit court of the City of Virginia Beach,
Virginia in Map Book 7, at page 167. Said parcel
of is further described
as beginning at a point at the intersection of the
southern right-of-way of U.S. Route 60 (Shore
Drive) which is shown on the af-e-id plat as
Atlantic Avenue and the westem right-of-way of
Jett Street; thence fran said Point of Begiming N
43' 03' 45" E 61.21' along the aforementioned
right-of-way of Shore Drive to a point thence S 35@
30' 18" E 77.33' along the eastern right-of-way of
Jett Street to a point; thence following curve to
the right with a radius of 405.60' and an arc
length of 178.31' to a point; thence S 10 ' 19' 00"
E 75.00' to a point; 41' 00" W
60. 00' to a point; on the western right-of -way of
jett street; thence following the aforementioned
western right-of-way of Jett Street N 10' 19' 00"
W 75.00' to a point; thence following a curve to
the left with a radius of 345.60' and an arc length
of 151.93' to a point; thence N 35' 30' 18" W
65.20' to the Point of Beginning. The above
described parcel contains 0.429 acres more or less.
All the above as shown upon that certain plat entitled "Cmpc)site Plat
Of Property Owned By Harry Sandler, Lynnhaven Borough, Virginia Beach,
Virginia" which plat is attached hereto and rmde a part hereof and
intended to be recorded with the Ordinance closing the aforesaid street.
Adopted: Apil 23, 1990
ALL OF THAT parcel of land located on the
south side of U.S. Route 60 (Shore Drive) which
U.S. Route 60 is shown as Atlantic Avenue on the
hereinafter described plat and which parcel of land
is also located in the Lymhaven Shores area of
Lynnhaven Borough in the City of Virginia Beach,
Virginia and is more @icularly bounded and
described as follows: All of that certain parcel
of land shown as JFIT STREET on the Plat of
Lymhaven Shores dated April, 1926, made by P.F.
Mueller and recorded in the Office of the Clerk of
the Circuit Court of the City of Virginia Beach,
Virginia in Dbp Book 7, at page 167. Said parcel
of land imi!"iy ooft*@o@l is further described
as begiming at a point at the intersection of the
southern right-of-way of U.S. Route 60 (Shore
Drive) which is shown on the aforesaid plat as
Atlantic Avenue and the western right-of-way of
Jett Street; thence frcrn said Point of Beginning N
43- 03' 45" E 61.21' along the aforementioned
right-of-way of Shore Drive to a point thence S 35'
30' 18" E 77.33' along the eastern right-of-way of
Jett Street to a point; thence following curve to
the right with a radius of 405.60' and an arc
length of 178.31' to a point; thence S 10' 19' 00"
E 75.00' to a point; thence S 79' 41' 00" W
60.00' to a point; on the western right-of-way of
Jett Street; thence following the aforementioned
westem right-of-way of Jett Street N 10' 19' 00"
W 75.00' to a point; thence following a curve to
the left with a radius of 345.60' and an arc length
of 151.93' to a point; thence N 35' 30' 18" W
65.20' to the Point of Beginning. The abcyve
described parcel contains 0.429 acres more or less.
NOTICE
PLEASE TAKE NOTICE , that at the meeting of the City
Council of the City of Virginia Beach, Virginia to be held on
the 23rd day of April 1990 at m, at the
City Hall of the City of Virginia Beach, Princess Anne Station,
the undersigned will petition the Council for the appointment of
Viewers to view the below-described portion of that certain
street and report to the City Council whether in the opinion of
the Viewers, what, if any, inconvenience would result from the
vacating, closing and discontinuance of same, the said portion
@of said street being described as follows:
ALL OF THAT parcel of land located on the south side of
U.S. Route 60 (Shore Drive) which U.S. Route 60 is shown
as Atlantic Avenue on the hereinafter described plat and
which parcel of land is also located in the Lynnhaven
Shores @rea of Lynnhaven Borough in the City of Virginia
Beach, Virginia and is more particularly bounded and
described as follows: ALL of that certain parcel of land
as shown as = STREET on the plat of Lynnhaven Shores
dated April, 1926, rmde by P.F. Mueller and recorded in
the office of the Clerk of the Circuit Court of the City
of Virginia @ch, Virginia in Map Book 7, at page 167.
Said parcel of land @ I , I @ , Q - is further
described as beginning at a, point at the intersection of
the southern right-of-way of U.S. Route 60 (Shore Drive)
which is shown on the aforesaid plat as Atlantic Avenue
and the western right-of-way of Jett Street; thence frcm
said Point of Beginning N 43' 03' 45"E 61.21' along the
aforementioned right-of-way of Shore Drive to a point
thence S 35' 30' 18"E 77.33' along the eastern right-of-
way of Jett Street to a point; thence follcywing curve to
the right with a radius of 405.60' and an arc length of
178.31 ' to a point; thence S 10 ' 19' 00" E 75.00' to a
point; thence S 79 ' 41 ' 00" W 60. 00' to a point; on the
western right-of-way of Jett Street; thence following the
aforementioned western right-of -way of Jett Street N 1 0
19' 00" W 75.00' to a point; thence following a curve to
the left with a radius of 345.60' and an arc length of
151.93' to a point; thence N 35' 30' 18" W 65.20' to the
Point of Begiming. The above described parcel contains
0.429 acres more or less.
ALL the above, shown upon that certain plat entitled "Composite
Plat Of Property Owned By Harry Sandler, Lynnhaven Borough,
Virginia Beach, Virginia", made by Basgier and Associates, dated
STAIIINGS August 11, 1989.
@ND
@ICIAR.SO@
11@. @IA
At that time, anyone affected may appear and present his
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as the
matter may be placed on the agenda, the undersigned will Petition
the City Council to vacate, close and discontinue that portion of
Jetty Drive, in the City of Virginia Beach, Virginia described
above.
HARRY SANDLER
B
Of Counsel
Moody E. Stallings, Jr.
Stallings, Richardson & Rawls
3330 Pacific Avenue, Suite 500
Virginia Beach, Virginia 23451
SIAILINGS
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET, KNOWN AS JETT STREET , SHOWN UPON THAT
CERTAIN PLAT ENTITLED "COMPOSITE PLAT OF PROPERTY OWNED BY HARRY
SANDLER, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, MADE BY
BASGIER AND ASSOCIATES, WHICH PLAT IS ATTACHED HERETO.
PETITION
Your Petitioner, Harry Sandler respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the Petitioner applies is
for the vacating, closing, and discontinuance of a portion of
that certain street described as follows:
ALL OF THAT parcel of land located on the
south side of U.S. Route 60 (Shore Drive)
which U.S. Route 60 is shown as Atlantic
Avenue on the hereinafter described plat and
which parcel of land is also located in the
Lynnhaven Shores area of Lynnhaven Borough in
the City of Virginia Beach, Virginia and is
more particularly bounded and described as
follows: All of that certain parcel of land
shown as JETT STREET on the Plat of Lynnhaven
Shores dated April., 1926, made by P.F.
Mueller and recorded in the Office of the
Clerk of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 7, at
Page 167. Said parcel of land
lipr.Qin is further described as beginning at a
point at the intersection of the southern
right-of-way of U.S. Route 60 (Shore Drive)
which is shown on the aforesaid plat as
Atlantic Avenue and the west right-of-way of
Jett Street; thence from said Point of
Beginning N43@ 031 45" E 61 .21 ' along the
aforementioned right-of-way of Shore Drive to
a point thence S 350 30' 18" E 77.33' along
the eastern right-of-way of Jett Street to a
point; thence following curve to the right
with a radius of 405.60' and an arc length of
178.31 to a point; thence S 10@ 19' 00" E
75.00' to a point; thence S 79@ 41 ' 00" W
60.00' to a point; on the western right-of-way
of Jett Street; thence following the
aforementioned western right-of-way of Jett
Street N 1 Of' 19' 00" W 75.00' to a point;
thence following a curve to the left with a
radius of 345.60' and an arc length of 151.93'
to a point; thence N 350 30' 1 8" W 65.20' to
the Point of Beginning. The above described
parcel contains 0.429 acres more or less.
Said parcel of land being a portion of Jett Street, as
indicated on that certain plat entitled "Composite Plat of
Property Owned by Harry Sandler, Lynnhaven Borough, Virginia
Beach, Virginia" which plat is attached hereto and made a part
hereof.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council on
or before the day of 1 1990, as to whether
in the opinion of said Viewers, that inconvenience, if any, would
result from the discontinuance and closing of this portion of said
street, as herein reported and described.
3 That on the 9th day of April, 1990, an don the 16th day
of April, 1990, notice of the presenting of this application was
published in the Beacon, a newspaper of general circulation in the
City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and adjacent
to and affected by said portion of the platted street are your
petitioners herein, Harry Sandler and Shorehaven Associates, L.P.
508 Birdneck Rd., Virginia Beach, Virginia 23451, George L. and
Emily E. Sammis, 3144 Sandpine Rd., Virginia Beach, Virginia,
23451, John J. and Dorothy M. Tuite, 3148 Sandpine Rd., Virginia
Beach, Virginia 23451, Kellam & Eaton, Inc., Princess Anne
Station, Virginia Beach, Virginia 23456, Lake George Corp.
Corporation, 936 Lindsley Dr., Virginia Beach, Virginia 23454.
Respectively Submitted,
Harry Sandler
B
of C.,,,,sel
Moody E. Stallings, Jr.
STALLINGS, RICHARDSON & RAWLS, P.C.
3330 Pacific Avenue - Suite 500
Virginia Beach, VA 23451
@'C@@@SON
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS JETT STREET AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED "COMPOSITE PLAT OF PROPERTY
OWNED BY HARRY SANDLER, LYNNHAVEN BOROUGH, VIRGINIA BEACH,
VIRGINIA", WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has
been given by Harry Sandler, that he would make application on
1 1990, to have the hereinafter described
treet dicontinued, 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:
ALL OF THAT parcel of land located on the
south side of U.S. Route 60 (Shore Drive)
which U.S. Route 60 is shown as Atlantic
Avenue on the hereinafter described plat and
which parcel of land is also located in the
Lynnhaven Shores area of Lynnhaven Borough in
the City of Virginia Beach, Virginia and is
more particularly bounded and described as
follows: All of that certain parcel of land
shown as JETT STREET on the Plat of Lynnhaven
Shores dated April, 1926, made by P.F. Mueller
and recorded in the office of the Clerk of the
Circuit Court of the City of Virginia Beach,
Virginia in Map Book 7, at Page 167. Said
parcel of land is further described as
beginning at a point at the intersection of
the southern right-of-way of U.S. Route 60
(Shore Drive) which is shown on the aforesaid
plat as Atlantic Avenue and the west right-
of-way of Jett Street; thence from said Point
of Beginning N43" 03' 45" E 61 .21 ' along the
aforementioned right-of-way of Shore Drive to
a point thence S 356 30' 18" E 77.33' along
the eastern right-of-way of Jett Street to a
point; thence following curve to the right
with a radius of 405.60' and an arc length of
178.31 to a point; thence S l(r 19' 00" E
75.00' to a point; thence S 79' 41 ' 00" W
60.00' to a point; on the western right-of-way
of Jett Street; thence following the
aforementioned western right-of-way of Jett
Street N 10' 19' 00" W 75.00' to a point;
thence following a curve to the left with a
radius of 345.60' and an arc length of 151.93'
to a point; thence N 3512 30' 18" W 65.20' to
the Point of Beginning. The above described
parcel contains 0.429 acres more or less.
Said parcel of land designated as "Jett Street", 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.
.1@Ill@GS
@1C.@@@5ON
SECTION II
A certified copy of this ordinance shall be filed in the Clerk's
office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach as
Grantor.
Adopted:
GPIN#
Sl@ll @GS
A.D
@ICIA@.SON
Stote of Virginia to-@it; AFFIDAVIT
City of Norfolk Sharon White personally-
This day dvly sworn made oath that:
appeared before me Cind after being
(1) (He) (She) is affidavit Ierk of - cities of Norfolk, Portsmouth,
a newspaper published by Landmark Commvnications, Inc. in the
Chesapeake, Suffolk and Virginia Beach, State of Virgini.;
(2) That the advertisement hereto annexed of has been published in said
Str
newspaper on t!ie following dates: 19
4/S
Affiant
Subscribed and sworn to before me in my city and state aforesaid this
day of 19
My commis@ion ixpires
19 Notary Public
R.@ i Sl hi@h
-t N 19
ALL th. b.. h-
r
U"
C.n@
@.nti@,
D,J.,
B.Ch.
HARR
a M,
or C.,
M-,
51.1tin
'M p
vi.i@
- 23 -
Item VI-J.
PUBLIC HEARING
PLANNING ITEM # 32708
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. PLANNING RECONSIDERATION
(a) OCEAN BREEZE FESTIVAL PARK# INC. RECONSIDERATION OF CONDITIONS
Numbers 8 and 10
(Application of Aqua Sports,
Inc. for a Conditional Use
Permit (6/23/86)
2. PLANNING
(a) F. WAYNE MCLESKEY, JR. STREET CLOSURE
(b) ESTATE OF AMELIA G. McLEAN STREET CLOSURE
(c) AMERICAN INDUSTRIAL LOAN ASSOCIATION CHANGE OF ZONING
(d) LANDS END ASSOCIATES MODIFICATION TO THE LAND USE
PLAN
(e) WILLIAM E. CHAPLAIN CONDITIONAL USE PERMIT
(f) LUCILLE B. BROWN CONDITIONAL USE PERMIT
(g) EVELYN A. MUNDEN STREET CLOSURE
(h) BALANCE PROPERTIES CONDITIONAL ZONING
CLASSIFICATION
(1) CITY OF VIRGINIA BEACH STREET CLOSURE
- 24 -
Item VI-J.1 a.
PUBLIC HEARING
PLANNING ITEM # 32709
The following spoke in SUPPORT of the application:
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant. Attorney Cromwell distributed a copy of a letter from Mrs.
Purrington, Vice President - Marine Science Museum, advising with the
relocation of the mechanical rides, the Museum is not in OPPOSITION. The
Fiscal Impact Analysis for Ocean Breeze Festival Park is hereby made a part of
the record.
Michael F. Geraldi, Vice President/Assistant Treasurer of Ocean Breeze
Festival Park, Inc.
Douglas Talbot, Chairman-Elect - Virginia Beach Chamber of Commerce. The
Statement in support of the application is hereby made a part of the record.
Linwood Branch, 773 Arctic Avenue, President of the Virginia Beach flotel and
Motel Association and also represented the Resort Retailers Association and
the Virginia Beach Restaurant Association.
Albert Jensen, 654 South Atlantic Avenue, Phone: 422-5485, represented himself
and children.
R. L "Buddy" Riggs, 915 Goldsboro Avenue, Phone: 428-1220, resident of
Shadowlawn
C. B. "Neal" Owens, 707 Greensboro Avenue, Phone: 428-5943, resident of
Shadowlawn since 1963.
The following registered in OPPOSITION:
Albert Jensen, 654 South Atlantic Avenue, Phone: 422-5485, represented the
Croatan, Harbor Point and South Rudee Heights Civic League as President.
Dr. Frederick Levitin, 808 Close Avenue, resident of Shadowlawn.
David Harris, 700 Kennedy Avenue, Phone: 422-6451, resident of Shadowlawn
Heights.
Richard Ornstein, 524 Fishermans Bend, Phone: 428-5922
Linda Ornstein, 524 Fishermans Bend, Phone: 428-4000
C. T. Holland, 600 Goldsboro Avenue, Phone: 428-8818
Ed Baum, 901 Carolina Avenue, Phone: 422-5977
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council APPROVED RECONSIDERATION of Conditions #8 and 10, subject to
AMENDMENTS in the Ordinance upon application of AQUA SPORTS, INC. for a
Conditional Use Permit (ADOPTED June 23, 1986):
ORDINANCE UPON APPLICATION OF AQUA SPORTS, INC. FOR
A CONDITIONAL USE PERMIT FOR RECREATIONAL
FACILITIES OF AN OUTDOOR NATURE R0686849
Ordinance upon application of Aqua Sports, Inc. for
a Conditionai Use Permit for recreational
facilities of an outdoor nature on certain property
located on the east side of South Birdneck Road,
850 feet more or less south of Bells Road. Said
parcel contains 74.5 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH
Condition Number 8 shall be AMENDED to read:
1. APPROVED request to keep mechanical rides and other
activities open daily (seven days a week) until
midnight.
2. APPROVED miniature golf, pizza restaurant and
activities from Shipwreck Golf Course to Birdneck
Road may be open until 2:00 AM daily (seven days a
week).
- 25 -
Item VI-J.] a.
PUBLIC HEARING
PLANNING ITEM # 32709 (Continued)
Condition Number 10 shall be AMENDED to read:
1. The proposed mechan i ca I r i des sha I I be I ocated i n
the area marked "future development" on the
submitted site plan adjacent to South Birdneck Road
and running East to the Shipwreck Golf. This does
not include the aerial tram which is acceptable as
shown on the site plan. Height I lmit shal I be
varied in this area only.
2. A Board of Zoning Appeals variance is required for
all structures exceeding the 35-foot height
I i m i tat 1 on wh i ch may occur on I yin the area of
Condition No. 1 as described above.
3. The proposed tram is approved only for the route
shown on the submitted site plan dated January 31,
1990, by Talbot and Associates. This route is
paral lel to the existing roadway. The tram shal I
not be a I I owed to cross Ow I I s Creek i n any other
location.
4. Trees shal I be preserved on the development site
where possible. A tree protection and planting
plan shall be submitted to the City Arborist tor
review before any clearing or development activity
takes place. The p I an shal I include a pre- and
post-development tree inventory. This condition
shall apply to all future development.
5. No motorized rides or noise disturbing activities
shall be operated after 12:00 Midnight.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Councilwoman Parker read her statement into the record, advising of meeting
with Messrs Edward Garcia and Michael F. Geraldi, Assistant City Attorney
Fentress and Karen Lasley, Planner Operations Co-ordinator. After the
aforementioned meeting in an effort to promote the economics of the resort
area, protection to the Marine Science Museum, and hopefully minimizing the
impact on the rest of the Rudee Basin, It was agreed the rides would be moved
to the area west of the Golf Course.
- 26 -
Item VI-J.2.a.
PUBLIC HEARING
PLANNING ITEM # 32710
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council AUTHORIZED FINAL APPROVAL the application of F. WAYNE McLESKEY, JR. for
the discontinuance, closure and abandonment of an unimproved portion of Shore
Drive:
Application of F. Wayne McLeskey, Jr. for the
discontinuance, closure and abandonment of an
unimproved portion of Shore Drive located on the
south side of Shore Drive extending between Mystic
Cove Drive and Ocean Tides Drive. Said parcel
contains 7984.66 square feet. BAYSIDE BOROUGH.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John L. Perry
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET OF VARIABLE WIDTH, KNOWN
AS SHORE DRIVE (UNIMPROVED) AS SHOWN UPON
THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING PROPOSED
STREET CLOSURE OF A PORTION OF SHORE DRIVE
(UNIMPROVED), BAYSIDE BOROUGH, VIRGINIA BEACH,
VIRGINIA, WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice
has been given by Mr. F. Wayne Mc Leskey, that he would make
application to the Council of the City of Virginia Beach,
virginia, on march 27, 1989, to have a portion of the
hereinafter described street discontinued, closed, and vacated;
and
WHEREAS, it is the judgment of the Council that the
portion of said street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTTON_I
BE IT ORDAINED by the Council of the City of Virginia
Beach, virginia, that the hereinafter described street be
discontinued, closed, and vacated:
THAT CERTAIN unimproved portion of SHORE DRIVE
(formerly Lynnhaven Boulevard) abbutting part
of Block 35, Section D, Ocean Park, being
described by reference to a point at the south
western corner of a parcel described as PART
OF BLOCK 35, SECTION D, OCEAN PARK as shown on
that Plat entitled RESUBDIVISION OF PART OF
BLOCK 35, SECTION D, OCEAN PARK for F. WAYNE
MC LESKEY, JR. (D.B. 2708, p. 725) and
proceeding from said reference point in a
northerly direction along the eastern
right-of-way line of Ocean Tides Drive
following the arc of a curve having a radius
of 975.09 feet, an arc distance of 82.66 feet
to a point; thence continuing in a northerly
direction along the eastern right-of-way line
of Ocean Tides Drive along the arc of a curve
having a radius of 528.42 feet, an arc
distance of 76.59 feet to the TRUE POINT OF
BEGINNING; thence continuing in a northerly
direction along the arc of a curve having a
radius of 528.42 feet, an arc distance of
35.12 feet to a point; thence continuing in a
northerly direction along the arc of a curve
GUY, CROMWELL, BETZ having a radius of 20.00 feet, an arc distance
& LUSTIG, P.C. of 30.23 feet to a point; thence North 871 37'
12" east, 151.04 feet to a point; thence in a
southerly direction along the arc of a curve
having a radius of 20.00 feet, an arc distance
of 29.71 feet to a point; thence continuing in
GPIN NO. 1489-38-2674-0000
a southerly direction along the arc of a curve
having a radius of 724 . 33 f eet, an arc
distance of 28.25 feet to a point on the
western right-of-way line of Mystic Cove
Drive; thence in a northwesterly direction
along the arc of a curve having a radius of
20.00 feet an arc distance of 38.80 feet to a
point; thence in a westerly direction along
the arc of a curve having a radius of 162-50
feet, an arc distance of 145.12 feet to a
point; thence in a southwesterly direction
along the arc of a curve having a radius of
20.00 feet, an arc distance of 36.89 feet to
the TRUE POINT OF BEGINNING, as depicted on
that "PLAT SHOWING PROPOSED STREET CLOSURE OF
A PORTION OF SHORE DRIVE (UNIMPROVED), Bayside
Borough, VIRGINIA BEACH, dated 12-7-1988 as
revised 2-23-89, prepared by G.F. Sutton and
Associates.
Said parcel of land being a portion of Shore Drive as indicated
on that certain plat of the property to be vacated, 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 which is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in
the 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.
SECTION III
Adopted: FINAL APPROVAL: i9@O
GUY. CROMWELL, BETZ
& LUSTIG, P.C.
0968i
-2-
THIS AGREEMENT, made this 3@d,,y of @0, by
and between F. WAYNE MC LESKEY, JR., herein called "Owner",
party of the first part, and the CITY OF VIRGINIA BEACH,
VIRGINIA, a municipal corporation of the Commonwealth of
Virginia, herein called "City", party of the second Part.
w I T N E S S E T H:
WHEREAS, the -Owner" is seized of certain real estate
in the City of Virginia Beach, more particularly described as:
All that certain lot, piece or parcel of land conveyed unto the
"Owner" by Ordinance of the City Council, recorded in the
Office of the Clerk of the Circuit Court, City of Virginia
Beach, in Deed Book _, at page -; and
WHEREAS, the "Owner", for his successors, assigns,
grantees and heirs, voluntarily and without any requirement by
or exaction from the "City", and without any elements of
compulsion or quid pro quo for approval of his street closure
Petition, acknowledges and agrees, that the parcel of property
which was acquired by Deed from the "City" upon the closure of
an unimproved portion of Shore Drive, falls within the area for
the potential future widening of Shore Drive beyond eight
lanes; and
WHEREAS, the "Owner" desires to reserve this property
for possible future acquisition by the City; and
GPIN NO. 1489-38-2674-0000
WHEREAS, the parties desire to enter into a written
agreement setting forth their respective duties and
obligations, which shall be recorded simultaneously with the
above-referenced ordinance closing and vacating a portion of
the Right-of-Way known as Shore Drive.
NOW THEREFORE, the ,owner" voluntarily warrants,
guarantees, covenants, offers and agrees, for his successors,
assigns, heirs, grantees and lessees the conditions herein as
follows:
CLAUSE NO. 1
To reserve for future purchase by the "City" for widening Shore
Drive beyond eight (8) lanes, the following described property,
to-wit:
THAT CERTAIN unimproved portion of SHORE
DRIVE (formerly Lynnhaven Boulevard)
abbutting PARCEL "A", part of Block 35,
Section D, ocean Park, being described by
reference to a point at the south western
corner of a parcel described as PARCEL "A",
PART OF BLOCK 35, SECTION D, OCEAN PARK as
shown on that Plat entitled RESUBDIVISION OF
PART OF BLOCK 35, SECTION D, OCEAN PARK for
F. WAYNE MC LESKEY, JR. (D.B. 2708, p. 725)
and proceeding from said reference point in
a northerly direction along the eastern
right-of-waY line of Ocean Tides Drive
following the arc of a curve having a radius
of 975.09 feet, an arc distance of 82.66
feet to a point; thence continuing in a
northerly direction along the eastern
right-of-way line of ocean Tides Drive along
the arC of a curve having a radius of 528.42
feet, an arc distance of 76.59 feet to the
2
TRUE POINT OF BEGINNING; thence continuing
in a northerly direction along the arc of a
curve having a radius of 528.42 feet, an arc
distance of 28.51 feet to a point; thence
continuing in a northeasterly direction
along the arc of a curve having a radius of
30.00 feet, an arc distance of 45.57 feet to
a point; thence North 88* 46' 2611 East
132.44 feet to a point; thence in
southeasterly direction along the arc of a
curve having a radius of 30.00 feet, an arc
distance of 43.59 feet to a point; thence in
a southerly direction along the arc of a
curve having a radius of 724.33 feet, an arc
distance of 19.20 feet to a point; thence in
a northwesterly direction along the arc of a
curve having a radius of 20.00 feet, an arc
distance of 38.80 feet to a point; thence in
a southwesterly direction along the arc of a
curve having a radius of 162.50 feet, an arc
distance of 145.12 feet to a point; thence
in a southwesterly direction along the arc
of a curve having a radius of 20.00 feet, an
arc distance of 36.89 feet to the TRUE POINT
OF BEGINNING, as depicted on that "PLAT
SHOWING RIGHT-OF-WAY CLOSING OF A PORTION OF
SHORE DRIVE ADJACENT TO PARCEL "A', BLOCK
35, SECTION D OCEAN PARK, Bayside Borough,
Virginia Beach, virginia, For F. WAYNE
McLESKEY Jr.", dated 9-19-89, prepared by
Langley and McDonald.
G. PIN. Number 1489-38-2674-0000
The owner has paid the City the sum of $20,000.00 as the
consideration to acquire the described property by street
closure. Said price having been computed on the basis of $2.50
per square foot. The City is hereby granted the right to
repurchase all or a portion of the vacated right-of-way for the
same price per square foot paid by the Owner. The right to
3
repurchase all or a portion of the vacated right-of-way shall
expire at the end of 20 years from the date of this Agreement.
The City shall give written notice to the owner or its
successor in title at least 120 days prior to the date on which
the City intends to repurchase all or any portion of the
vacated right-of-way, designatirig the portion of the vacated
right-of-way that the City intends to repurchase from the
Owner. Upon tender of the repurchase price by the City for the
portion of the vacated right-of-way being repurchased, the
Owner agrees to execute and deliver to the City a good and
sufficient special warranty deed reconveying that portion of
the vacated right-of-way designated by the CitY- The exercise
of any right, the giving of any notice, and the making of any
request contemplated by this agreement shall be in writing and
shall be delivered to the other party addressed as follows:
F. Wayne McLesky, Jr. City of virginia Beach
McLeskey & Associates Attn: City Manager
2859 Virginia Beach Blvd. Municipal Building
Va. Beach, VA 23452 Va. Beach, VA 23456
CLAUSE NO. 2
That no permanent improvements shall be constructed upon the
above-described property other than a commercial sign meeting
all current "City" zoning requirements. The setback
requirement for said sign shall be calculated from the new lot
line established subsequent to closure of the street.
4
CLAUSE NO. 3
That at such time as the property is purchased by the "City",
there will be no compensation due him other than as set forth
in clause No. 1 and that any relocation costs or other expenses
associated with the removal of any sign on the property will be
"Owner's" responsibility.
CLAUSE NO. 4
That for the 20 year term of this Agreement, the setback
requirement for zoning and/or site plan approval for any
permanent structure erected on the adjacent property, other
than the sign referred to in Clause No. 3, shall be established
based upon the lot lines of the adjacent parcel prior to
closure of the street.
CLAUSE NO. 5
That he shall not make or have any claim or claims for damage
to the said improvements or damages to the residue of the
"Owner's" property by reason of the said purchase.
FURTHERMORE, the parties acknowledge and agree that
all restrictions, options and terms contained herein shall
become null and void upon the expiration of 20 calendar years
from the date hereof.
5
it is expressly understood and agreed that this
agreement is to be recorded in the Clerk's office of the
circuit Court of the City of Virginia Beach, Virginia, same to
be indexed iii the Index to Deeds under the ,owner's" riame as
grantor and the "City's" name as grantee.
IN WITNESS WHEREOF, the party of the first part has
caused this agreement to be executed, and the city of Virginia
Beach has caused this agreement to be executed bY its CitY
Manager and attested by its City Clerk, duly authorized.
CITY OF VIRGINIA BEACH
By: (SEAL)
city Manager
ATTEST:
By:
City Clerk
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, tO-Wit:
i @)-,x I a notary public in and
for the city ai d state a 0 do hereby certify that F.
name is Signed to the foregoing
Wayne Mc Leskey , Jr. , whose
writing, bearing date the 4@kb day of 1990,
acknowledged the same before me in my city and state aforesaid.
Given under my hand this 3@k day of 1990.
Nota@y Public
MY commission expires:'
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a notary public in and
for the city and Slate aforesaid, do hereby certify
that I City Manager, whose name is
signed to the c writing, bearing date the _ day
of , 1990, acknowledged the same before me in my city
and state aforesaid.
Given under my hand this day of 1990-
N.t.,:y Public
my commission expires:
7
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, tO-Wit:
I, a notary public in and
for the city and state aforesid, do hereby certify
that I City Clerk, whose name is signed
to the foregoing vriting, bearing date the _ day of
1990, acknowledged the same before me in my city and state
aforesaid.
Given under my hand this day of 1990-
N.tary Public
my commission expires:
1495i
8
C%i CD
C.) .12 C-3
C:)
C:)
cli
C:)
CL
-C
Ln
c-
co
c-
t-
0
0
5: Ln
0
LU c-
In
0
L4
0
0
0
-P
LU 0 .,i
Z26
ko
- 27 -
Item VI-J.2.b.
PUBLIC HEARING
PLANNING ITEM # 32711
Attorney Pamela J. Piscatelli, Kaufman and Canoles, P.C., P.O. Box 3037,
Norfolk, Virginia, Phone: 624-3313, represented the applicant
Attorney Michael Nuckols, Kaufman and Canoles, P.C., P.O. Box 3037, Norfolk,
Virginia, represented the applicant
Albert Jensen, 654 South Atlantic Avenue, Phone: 422-5485, represented the
Croatan, Harbor Point and South Rudee Heights Civic League as President and
spoke in OPPOSITION. Mr. Jensen presented a petition containing 71
signatures. Said petition is hereby made a part of the record. This petition
requests the City give attention to the fact that public access to the beach
north of Croatan Road does not exist. The Civic League is requesting a 10-
foot ingress/egress access.
Upon motion by Councilman Heischober, seconded by Councilman Balko, CitY
Council AUTHORIZED FINAL APPROVAL to the ESTATE OF AMELIA G. McLEAN for the
discontinuance, closure and abandonment of a 3,750 square foot portion (PARCEL
ONE) of the alley located 100 feet West of Atlantic Avenue, subject to
compliance by September 24, 1990.
Ordinance upon application of the Estate of Amelia
G. McLean for the discontinuance, closure and
abandonment of the alley located 100 feet west of
Atlantic Avenue, beginning at the southern boundary
of Twilight Lane and running southerly between Lots
8-12 and Lots 20-24, Block 23, Croatan Beach. Said
parcel is 15 feet in width. Plats with more
detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THE ALLEY RUNNING THROUGH BLOCK 23 IN CROATAN
BEACH, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT
SHOWING CLOSURE OF PUBLIC RIGHT-OF-WAY BEING AN ALLEY THROUGH
BLOCK 23 SUBDIVISION OF CROATAN BEACH M.B. 24, PG. 37
LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS
ATTACHED HERETO AS EXHIBIT A.
WHEREAS, it appearing by affidavit that proper notice
has been given by The Estate of Amelia G. McLean, that they
would make application to the Council of the City of Virginia
Beach, Virginia, on , 19-, to have the hereinaf-
ter described alley discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
alley 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 alley be
discontinued, closed, and vacated:
Beginning at a point at the northeast intersection of
Atlantic Avenue and Croatan Road; thence, N04@14'15"W 350.00'
along the eastern right-of-way line of Atlantic Avenue;
thence, leaving the eastern right-of-way line of Atlantic
Avenue N85@45'45"E 100.001 to the True Point of Beginning;
thence, N04@14'15"W 250.00' to a point; thence, N85@45'45"E
15.001 to a point; thence, S04@14'15"E 250.001 to a point;
thence, S85@45'45"W 15.001 to the True Point of Beginning.
Said parcel of land designated as "Total Right-of-Way to
be Vacated Area = 3,750 Sq. Ft. or 0.086 Acre (Alley),"
GPIN 2426-39-6865 2426-39-7883 2426-39-6684
2426-39-6860 2426-39-7747 2426-39-6734
2426-39-7697
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
Beach, Virginia, and indexed in the name of the City of
Virginia Beach as Grantor.
Adopted: FINAL APPROVAL April 23, 1990
PARCEL ONE ONLY
2
NOTES EXHIBIT A
1. THIS PLAT WAS COMPILED FROM PLATS a DEEDS OF RECORD AND DOES NOT REFLECT A
CURRENT FIELD SURVEY.
2.-' THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND
3. @ C)ENOTES LOT NUMBERS @ DENOTES BLOCK NUMBER
uj t-
@to
ua.
F- TWILIGHT LANE
FORMERLY ELM. AVENUE) wv-
(r C\j
(STREET CLOSED) w
i, '
ui m
N/F
AMELIA G. MCLEAN
8 0
D.B.2578, PG.1563 0
GPIN NO. 2426-39-6865
U-)
N 85145'45'E 215. 00'
100.00' -i 'I: 15'ir 100.00'
0 0 b
0 GPIN N Q (? 0 GF:t NQ 8
92426-39-6860 too 0 2426-,39-7883
LO
rn
to
In ioo.oo' lc)o. 00'
a-
c; o- -o
0 0 0 GPIN NO. 8 -0
0 CO GPIN NQ 0110 0 0
6 d-2426-39-6734 LO 0 0 2426-39-7747 d
Ln Ln In 'n
w cli C\i Ln U-)
C\i cli
> m 100.00 k I ioo.oo'
z
LLJ LLJ
z
rn oo z C)
(D (D Z < 0
z @ , w rn
UJ,i'1/2 Lo
z
CL
u rn
Cd
:g - -0 -U) C\i
cr C\j C\i F-
ui IT 0. 'cts 0 b IT 0 -,
2 0 < C\i Ln ul C\i Ln z
ct Ln <
U.
z 0 c 0
z LLJ Z Z z
a- <
LLI
z z
100.oo' iooco'
5 85'45'45'W 215 00' N/F
=Z HELEN I FIMS@
@AFSOOS
00 2340,
RU N/F cli 1561
HELEN LEIMBACH -M
FOOS T-OTAL RIGHT-CF-WAY TO BE
D.B. 2340, PG. 1561 VACATED AREA= 3,750 SO.FT
Oo< OR 0.086 ACRE.( ALLEY)
PLAT SHOWING
CLOSURE OF PUBLIC RIGHT- OF-WAY BEING AN ALLEY
THROUGH BLOCK 23
SUBDIVISION OF
CROATAN BEACH
M.S. 2 4. PG. 37
LYNNHAVEN BOROUGH 'VIRGINIABEACH,IARGINIA
e.se No.
906 ngley and McDonald
A PROFESSIONAL CORPORATION
ENGINEERS - PLANNERS- SURVEYORS
VIRGINIA BEACH- WILLIAMSBURG, VIRGINIA
DWN.: N N D CHK'D- SGB SHEET, I OF- I SCALE: l' = 50'
PROJ.NO.: 89134 ATE:
- - - - - - - - - - -
BANK7... Date April 12, 1990
Trust Divisio)7 Check 510
Pay **$31,875** D.]].. A.d 00***C,.b $ *31,875.00*
From Account
Lo' 100 1012426 Exors@ Est Amelia. G.
,,McLean,@,@@
For Payment to City of Virginia:@Seach for
closing street in Block 23 Croaton Beach
T. Th, F-T
O,d., Of reasurer of City of Virginia Beach7
L (A
"10022734?11' I:OSLOOOOL?I: 02LO LroGii,
- 28 -
Item VI-J.2.b.(I)
PUBLIC HEARING
PLANNING ITEM # 32712
Upon motion by Counc II man Sessoms, seconded by Counc II man Ba I ko, the C ity
Council DIRECTED:
City Staff to examine beach access in the Croatan
area and address need for same prior to future
street closures.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 29 -
Item VI-J.2.c.
PUBLIC HEARING
PLANNING ITEM # 32713
Attorney Robert Cromwel I , Pembroke One, Phone: 499-897 1, represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon appl lcation of AMERICAN INDUSTRIAL LOAN ASSOCIATION
for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF AMERICAN INDUSTRIAL
LOAN ASSOCIATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 0-2 TO :B 2 B-IA (AS MODIFIED)
Z04901278
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordlnance upon application of American Industrial
Loan Association from 0-2 Office District to @
B-lA (AS MODIFIED) Community Buslness District at
the southeaster corner of Holland Road and
Stoneshore Road. The parcel is located at 3420
Holland Road and contains 1.363 acre. More detailed
information is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of April, Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
Item VI-J.2.d.
PUBLIC HEARING
PLANNING ITEM # 32714
Wilfred Large, 244 Mustang Trail, Phone: 431-1041, reprsented the applicnt
Upon motlon by Councilman Baum, seconded by Vice Mayor Fentress, City Counci I
ADOPTED an Ordinance upon application of LANDS END ASSOCIATES for a
Modification to the Land Use Plan for Ocean Lakes.
ORDINANCE UPON APPLICATION OF LANDS END
ASSOCIATIONS FOR A MODIFICATION TO THE LAND USE
PLAN FOR OCEAN LAKES TO ALLOW 64 SINGLE FAMILY
DETACHED DWELLINGS
Ordinance upon appl lcation of Lands End Associates
f or a Mod 1 f I cat i on to the Lan d Use P I an f or Ocean
Lakes to a I I ow 64 s I ng I e f am I I y detac hed dwe I I i ng s
on the south side of Bold Ruler Drlve, 130 feet
more or less east of Unicorn Drive. The parcel
contains 11.111 acres. More detalled Information Is
available [n the Department of Planning. PRINCESS
ANNE BOROUGH
The following conditions shall be required:
1. The subject site shall be developed for amaximum
total of 64-single family lots.
2. Fifty-foot right-of-ways with 36-foot pavement
shall be depicted for all streets, except for the
cul-de-sac adjacent to lots 34 through 39, at the
time of preliminary subdivision review.
3. The surplus density, brought about by thls
modlflcation to the land use plan, cannot be
tansferred to any other section of the Ocean Lakes
Planned Unit Development and Is hereby
relinquished.
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
- 31 -
Item VI-J.2.d.
PUBLIC HEARING
PLANNING ITEM # 32714 (Continued)
City Attorney Leslie L. Lilley advised Section 4.1 of the Subdivision
Ordinance requires a 60-foot right-of-way. City Attorney Lilley did not believe
the City Council could ADOPT the aforementioned Ordinance with the conditions
which would change said Subdivision Ordinance.
Upon motion by Councilman Baum, seconded by Councilman Perry , City Council
RECONSIDERED ADOPTION and DEFERRED INDEFINITELY an Ordinance upon application
of LANDS END ASSOCIATES for a Modification to the Land Use Plan for Ocean
Lakes:
ORDINANCE UPON APPLICATION OF LANDS END
ASSOCIATIONS FOR A MODIFICATION TO THE LAND USE
PLAN FOR OCEAN LAKES TO ALLOW 64 SINGLE FAMILY
DETACHED DWELLINGS
Ordinance upon appl lcation of Lands End Associates
for a Modification to the Land Use Plan for Ocean
Lakes to allow 64 single family detached dwellings
on the south side of Bold Ruler Drlve, 130 feet
more or less east of Unicorn Drive. Said parcel
contains 11.111 acres. More detailed information Is
available In the Department of Planning. PRINCESS
ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 32 -
Item VI-J.2.e.
PUBLIC HEARING
PLANNING ITEM # 32715
William E. Chaplain, 1508 Pleasant Ridge Road, Phone: 721-3819
Billy W. Chaplain, 445 Cavalier Drive, Phone: 425-0702
Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City
Council ADOPTED an Ordinance upon application of WILLIAM E. CHAPLAIN for a
Conditional Use Permit:
ORDTNANCE UPON APPLICATION OF WILLTAM E. CHAPLAIN
FOR A CONDITIONAL USE PERMIT FOR A RTDING ACADEMY
AND HORSES FOR BOARDING R04901297
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of William E. Chaplain
for a Conditional Use Permit for a riding academy
and horses for boarding at the northeast corner of
Pleasant Ridge Road and Charity Neck Road. Said
parcel is located at 1508 Pleasant Ridge Road and
contains 79 acres. More detailed information is
available in the Department of Planning. PUNGO
BOROUGH.
The following conditions shall be required:
1. A right-of-way dedication is required along
Pleasant Ridge and Charity Neck Roads to provide
for a standard fifty (50) foot right-of-way.
Approximately ten (10) feet of right-of-way
dedication will be required.
2. No filling of the floodplain will be allowed.
3. A maximum of seventy-five (75) boarding horses will
be allowed. However, number of horses allowed on
site shall be restricted to three (3) per acre of
enclosed grazing land.
4. Public restrooms shall be provided.
5. An approved Land Management Plan shall be required
prior to construction of the boarding facility.
6. Health Department approval of the septic system
shall be required before construction of any
facilities or boarding of horses.
7. Hours of operation for outdoor horse sho,s shall be
limited to 7:00 a.m. to 9:00 p.m.
8. All driveways will be maintained for us, by
emergency vehicles with four-foot by six-inch (4' x
6") gravel shoulders extending fifty (50) feet in
either direction.
- 33 -
Item VI-J.2.e.
PUBLIC HEARING
PLANNING ITEM # 32715 (Continued)
9. On-site parking shall be required for thirty (30)
vehicles. The parking lot shall consist of gravel
or crusher run. Curb and gutter may not be
required.
10. Weather lean-tos must be built before pasture
boarding of horses is allowed.
11. Trail clearing is limited to removing small
saplings and overhanging branches. All trees over
six inch (6") caliper shall remain.
12. Per submitted site plan, the cemetery shall be
fenced with a non-electric-type fence that keeps
out grazing animals, and a gate shall be provided
for access.
13. Horses will not be available for hire by the
public.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of April, Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. 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
- 34 -
VI -J.2. f.
PUBLIC HEARING
PLANNING ITEM # 32716
Roland E. Hargrove, 2369 Princess Anne Road, Phone: 427-2938
Upon motion by Counci Iman Moss, seconded by Counci Iman Baum, City Counci I
ADOPTED an Ord I nance upon app I i cat i on of LUC I LE B. BROWN f or a Change of
Zonlng:
ORDINANCE UPON APPLICATION OF LUCILE B. BROWN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 8-2
TO R-40 ON CERTAIN PROPERTY Z04901279
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Oridnance upon application of Lucile B. Brown for a
Change of Zoning District Classification from B-2
to R-40 on certain property located on the south
side of Providence Road beginning at a point 360.14
feet east of Reon Drive. Said parcel contains 1.56
acres. More detailed information Is availabie in
the Department of Planning. KEMPSVILLE BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of April, Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 35 -
Item .2. -
PUBLIC HEARING
PLANNING ITEM # 32717
Attorney Harry R. Purkey, Jr. , 303 34th Street, Suite 5, Phone: 428-6443,
represented the applicant and requested INDEFINITE DEFERRAL as this property
involves non tidal Wetlands.
Bruce W. Gallup, 315 First Colonial Road, Phone: 428-8132
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council DEFERRED INDEFINITELY Petition of EVELYN A. MUNDEN for the
disoncintuance, closure and abandoment of portions of Bratten Street and Cason
Avenue.
Application of Evelyn A. Munden for the
discontinuance, closure and abandoment of the
following parcels.
Parcel 1: Closure of a portion of Bratten Street
beginning at the northern boundary of Cason Avenue
relocated and running in a northerly direction a
distance of 50 feet.
Parcel 2: Closure of Cason Avenue beginning at the
eastern boundary of Seaboard Road and running in an
easterly direction a distance of 1179.75 feet.
Said parcels contain 1.4093 acre. PRINCESS ANNE
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 36 -
Item VI-J.2.h.
PUBLIC HEARING
PLANNING ITEM # 32718
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Ed Hudgins, 3720 Virginia Beach Boulevard
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council ADOPTED an Ordinance upon application of BALANCE PROPERTIES for a
Conditional Zoning Classification:
ORDTNANCE UPON APPLICATION OF BALANCE PROPERTIES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AC-2
TO T-1 Z04901280
BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Balance Properties
for a Conditional Zoning Classification from AG-2
Agricultural District to I-I Light Idustrial
District on certrain proeprty located on the south
side of Shipps Corner Road, 1300 feet more or less
east of Holland Road. The parcel contains 21.7
acres. More detailed information is available in
the Department of Planning. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. Agreement and deed restrictions, encompassing
proffers, as presented to City Council April 23,
1990, shall be recorded with the Clerk of the
Circuit Court and are hereby made a part of the
proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of April, Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. 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
FOR. NO. P-S- 18
Cit@ C)f @iv@i@iek
INTER-OFFICE CORRESPONVENCE
In Reply Refer To Our File No. CA-90-3593
DATE: April 17, 1990
TO: Leslie L. Lilley DEPT: City Attorney
FROM: Gary L. Fentress DEPT: City Attorney
RE: Balance Properties and Margaret A. Drummond
Conditional Zoning
Agreement of conditions
Enclosed please find a copy of the prof f er agreement which has
been submitted by the ref erenced applicants. The agreement is
acceptable as to legal form.
GLF/dhh
Enclosure
Balance Properties
a Virginia general partnership
TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this day of 1990,
by and between BALAN E PR PERTIES (Contract Purchaser), a
Virginia general partnership, and R ARET A DR N (Owne ,
unmarried, collectively Grantor, parties of the first part, and
I a municipal corporation of the
Commonwealth of Virginia, Grantee, party of the second part,
W I T N E E T H
WHEREAS, Grantor is the contract purchaser/owner of a
certain parcel of property located in the Princess Anne Borough
of the City of Virginia Beach, containing 21.7 acres, and
described in Exhibit "A" attached hereto and incorporated
herein by this reference, said property hereinafter referred to
as the "Property"; and
WHEREAS, the Grantor has initiated a conditional
amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to the Grantee so as to change
the zoning classification of the. property from AG-2
Agricultural DiStriCt to I-I Light Industrial District; and
WHEREAS, the Grantee's policy is to provide only for
the orderly development of land for various purposes through
zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing
and sometimes incompatible development of various types of uses
conflict and that in order to permit differing types of uses on
and in the area of the Property and at the same time to
recognize the effects of change that will be created by the
Grantor's proposed re-zoning, certain reasonable conditions
GUY. CROMWELL BETZ
& SYKFS. P.C. of the Property for the protection of the
ATTORNEYS AT "W governing the use
community that are not generally applicable to land similarly
zoned are needed to resolve the situation to which the
Grantor,s rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proferred-, in
writing, in advance of and prior to the public hearing before
the Grantee, as a part of the proposed amendment to the Zoning
Map with respect to the Property, the following reasonable
conditions related to the physical development, operation, and
use of the Property to be adopted as a part of Said amendment
to the Zoning Map relative and applicable to the Property,
which has as reasonable relation to the rezoning and the need
for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for themselves, their
successors, personal representatives, assigns, grantees, and
other successors in title or interest, voluntarily and without
any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or cruid
i)ro cruo 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, operation, and use of the Property and
hereby covenants and agrees that this declaration shall
constitute covenants running with the Property, which shall be
binding upon the Property and upon all parties and persons
claiming under or through the Grantor, their successors,
personal representatives, assigns, grantees, and other
successors in interest or title:
1. Grantor shall dedicate to Grantee a 100' easement
on the West side of West Neck Creek for the establishment of a
senic buffer. The buffer shall be located on the landward side
of and run parallel with West Neck Creek for the entire depth
of the Property. The existing vegetation within the buffer
will remain und;-sturbed.
GUY. CROMWELL BETZ
& SYKFQ. P.r- 2. Grantor shall utilize those Best Management
ATTORNEYS AT "W
2
Practices which are reasonably applicable to the development of
the Property.
3. Grantor shall dedicate to Grantee that porti-on of
the Property required by Grantee for the widening of Shipps
Corner Road as established by the Grantee's Master Street and
Highway Plan.
4. Grantor shall provide an internal circulation
network within the Property to provide for a potential future
connection to Dam Neck Road Extended. The coordinated
circulation network will be in substantial conformance with the
proffered Concept Plan referred to in Paragraph 10 below.
5. Those portions of buildings to be constructed on
the Property which front on a public right-of-way shall have an
exterior of brick veneer, some form of architectural brick,
dryvit or glass.
6. To insure compatibility with areas adjoining the
Property, Grantor agrees that the following uses otherwise
permitted in the I-1 District shall be prohibited, to wit:
1) Airport
2) Heliport
3) Helistop
4) Borrow pit
5) Service station
6) Car wash
7) Drive through restaurant
8) Processing extracting
9) Radio and television transmission and
relay stations.
To further insure compatibility, Grantor shall
provide a 15' landscape buffer along the ultimate Shipps Corner
Road. Within the 15' landscape buffer along the ultimate
Shipps Corner Road, Grantor shall comply with Category VII of
GUY. CROMWELE- BETZ
& SYKES. P.C. the Landscaping, Screening and Buffering Specifications and
AnOMEYS AT LAW
Standards adopted by Grantee on April 18, 1988.
3
7 The main entrance to the PropertY shall be in
alignment with existing intersection of Skylark Drive and the
ultimate Shipps Corner Road.
8. Grantor shall provide a 15, landscape buffer
(instead of lo- as shown on the Concept Plan referred to in
paragraph 10 below) to provide a visual and sound barrier to
the internal parking areas within Property. Within the 15'
landscape buffer Grantee shall comply with Category VII of the
Landscaping, Screening and Buffering Specifications and
Standards adopted by Grantee on April 18, 1988.
9. All loading area facilities within the Property
shall be designed and located on the site in Such a manner that
they are not visible from Shipps Corner Road.
10. The Property shall be developed in substantial
conformity to the Concept Plan prepared by Talbot and
Associates, Ltd., dated November 1, 1989, entitled "Balance
Property at Shipps Corner", a copy of which said plan is on
file in the Department of Planning of the City of Virginia
Beach, Virginia.
ii. In conformance with Grantee'S AICUZ Industrial
guideline policies, Grantor shall prepare and record
restrictive covenants relating to the following:
a. Minimum building setback lines for all lOtS
adjacent to existing or proposed streets shall be imposed as
follows: 50. front line set back, 30' side line set back and
30' rear line set back.
b. A consistent overall sign pattern designed to
conform to Grantee's ordinances and policies shall be
established to insure continuity within the development.
C. All lighting shall be directed toward the
interior of the development, excluding lighting provided for
signage.
GUY. CROMWELL BETZ
& SYKES. P.C. d. All entrance ways on the ultimate Shipps Corner
TTORNEYS AT LAW
Road shall be landscaped in compliance with Category VII of the
4
Landscaping, Screening and Buffering Specifications and
Standards adopted by Grantee on April 18, 1988.
The above conditions, having been proferred by the
Grantor and allowed and accepted by the Grantee as part of the
amendment to the zoning ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of
the Property and specifically repeals such conditions. Such
conditions shall continue despite a subsequent amendment to the
zoning ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised
zoning ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varipd by written
instrument recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and executed by the
record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee 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 references hereinabove to AG-2 and I-1 Districts
and to the requirements and regulations applicable thereto
refer to the Comprehensive Zoning Ordinance and Subdivision
ordinance of the City of Virginia Beach, Virginia, in force as
of the 5th day of December, 1989, which are by this reference
incorporated herein.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia
GUY. CROMWELL BETZ
& SYKES. P.C. Beach, Virginia, shall be vested with all necessary authority,
A"ORNEYS AT UW
on behalf of the governing body of the city of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions
and restrictions, including the authority (a) to order, in
writing, that any noncompliance with such conditions be
remedied, and (b) 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;
(2) The failure to meet all conditions and
restrictions shall constitute cause to deny the issuance of any
of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning
Administrator, made pursuant to these provisions, the Grantor
shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol
on the map the existence of conditions attaching to the zoning
of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the names of the Grantor and the Grantee.
WITNESS the following signatures and seals:
Balance Properties
a Virginia general partnership
By: Zbj- Z,,:, (- @'. p (SEAL)
W. C@aigAllen, Gen@ral Partner
(SEAL)
rummond
GUY. CROMWELL BETZ
& SYKES. P.C.
AWORNEYS AT LAW
6
State of virgin
city/County of to wit:
trument was ack
t 1 1990, by
a ce Properties,
p aid partnership.
Notary Publie
my commission Expires
State of virginia/
City/Coun v of "Y to wit:
The foregoing instrument was acknowledged before me
this Z7- day of 1990, by Margaret A.
Drummond.
0518b t7
My comnission expires -
GUY. CROMWELL BERZ
6 SYKES. P.C.
ATTORNEYS AT LAW
7
EXHIBIT "A"
Remaining Portion cf parcel B
pcoperty Of Margaret A. Dr%2=und
and james R. & Marguerite 7johnson
@ginninci at a point, said point being 1,288.25 feet
from the southeast corner of Holland Road and Shipps Corner
P,oad; theice along the southern right-of-way line of Shipps
Corner Road N '740 291 5311 E, ilal.38 feet 1-0 a point; thence
N 744 19' lo,, E, 345.58 feet to a noint; r-hence along a
curve @@o the right having a radius of 302-66 feet and an arc
length of 153-31 feet to a point; thence along a curve to
331.49 length
the right having a radius of feet and an arc
of 1-46.03 feet to a point; thence S 501 32' 2511 r, 427.56
feet to.,a point; thence leaving aforesai-d southern
right-of-waY line of Shipps Corner R,)aLd .1; 29* 521 3411 w,
,@.14.89 feet to a point; thence S 78* 231 20" W, 522.24 feet
to a point; thence -S 266 411 06,, W, 181.78 feet to a point;
thence S 831 031 15" W,,1,066.38 feet to a Doint; thence S
820 34' 4311 W, 71.55 feet to a point; thence N@Ol@ 02' 40"
W, $22.72 feet to the point of beginning.
The above desor4-bed parcel located in the Princess Anne
Borough of virginia Beach, Virginia, contains 21.735 acres.
- 37 -
Item VI-J.2.i.
PUBLIC HEARING
PLANNING ITEM # 32719
Robert J. Scott, Director of Planning, represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council APPROVED the Petition of the CITY OF VIRGINIA BEACH, VIRGINIA, f or
discontinuance, closure, and abandonment of certain portions of James Madison
Boulevard, Courthouse Drive and Clebe Road, subject to compliance of conditions
by October 24, 1990.
Application of the City of Virginia Beach,
Virginia, for the discontinuance closure and
abandonment of the following parcels:
Parcel 1: Closure of an unimproved 30-foot road
beginning 680 feet more or less northwest of the
western boundary of James Madison Boulevard and
running in a northwesterly direction a distance of
395 feet more or less.
Parcel 2: Closure of the western terminus of
Courthouse Drive beginning 350 feet more or less
west of James Madison Boulevard and running in a
northwesterly direction a distance of 317 feet more
or less.
Parcel 3: Closure of a portion of Courthouse Drive
beginnin@g at the western boundary of James Madison
Boulevard and running in a northwesterly direction
a distance of 348 feet more or less.
Parcel 4: Closure of a portion of Glebe Road
beginning at the southwestern boundary of Princess
Anne Road and running in a southwesterly direction
a distance of 638.48 feet more or less.
Said parcels are variable in width and contain
2.295 acrees. More detailed information is
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
1. Purchase will not be required. The City of
Virginia Beach will settle with all adjacent
property owners on a fair and equal basis.
2. The applicant is required to resubdivide the
property and vacate 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.
3. The existing water and sewer facilities, located
within a portion of the right-of-way proposed for
closure, shall be field-located and an easement,
satisfactory to Public Utilities, dedicated over
the facilities.
- 38 -
Item VI-J.2.1.
PUBLIC HEARING
PLANNING ITEM # 32719 (Continued)
4. The ord I nance c I os I ng the r I ghts-of -way sha I I be
revised to include a "save and except" clause for
the utility easement referenced In condition #3.
5. The applicant Is responsible for making
arrangements to accommodate any non-municipal
utilities which may be located in the rights-of-way
proposed for closure.
6. Closure of the rights-of-way shall be contingent
upon compliance with the above-stated conditions
within 180 days of the approval by City Council
(October 22, 1990).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Wlillam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 39 -
Item VI-L.l.
UNFINISHED BUSINESS ITEM # 32720
The following registered in OPPOSITION to the utilization of Redwing Park for
activities in connection with LABORFEST:
Chuck Tracy, 116 Eaglewood Drive, Phone: 422-9858,
Ronna Tracy, 1616 Eaglewood Drive, Phone; 422-9858
Sheldon L. Corner, 325 Susan Constant Drive, Phone: 428-1731
Maria Peters, resident of affected area, had requested a Meeting in her home
with Residents and the LDCCC on Saturday, April 21, 1990. The LDCCC accepted
first and then advised on Friday, they would have to CANCEL as members of the
Committee could not attend.
Glenn Tainter, 2140 Kenwood Drive
Donald L. Harris, 917 Prosperity Road, Phone: 425-8814
J. Michael Phillips, 1434 Chickadee Lane, Phone: 428-3141
Michael J. Zitt, 1302 Eaglewood Drive, Phone: 422-1611
Willard M. Page, 1301 Eaglewood Drive, Phone: 428-8071
Charles Pitts, 914 Prosperity Road, Phone: 422-0819, presented petitions in
OPPOSTION. Said petitions are hereby made a part of the record
Pete Meghinasso, 2412 Hunts Neck Trail, Phone: 427-2603
D. G. McCullough, 1416 Ponderosa Arch, Phone: 427-3942, REGISTERED but did not
answer call to speak.
The following spoke in SUPPORT to the utilization of Redwing Park for
activities in connection with LABORFEST:
Carolyn Bell, 1706 Barron Street, Portsmouth, Phone: 683-8236, Professor at
Norfolk State University and Co-Chair of the PROGRAM SUBCOMMITTEE, LABOR DAY
COMMUNITY COORDINATION COMMITTEE
Linwood Branch, Co-Chair of the SECURITY SUBCOMMITTEE, LABOR DAY COMMUNITY
COORDINATION COMMITTEE
Robert K. Dean, 1204 Shawn Drive, Phone: 427-6606, VIRGINIA BEACH CLEAN
COMMUNITY COMMISSION, spoke relative the success of Earth Day at Mount
Trashmore on Sunday, April 22, 1990.
- 40 -
Item VI-M.I.
ADJOURNMENT ITEM # 32721
Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the
Meetlng at 11:20 P.M-
Be ,Iy
Chief Deputy City Clerk
M@y@,2r. Obern
Auth -Hodget Smith, CMC
City Clerk Mayor
City of Virginia Beach
Virginia