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Home My WebLink AboutSEPTEMBER 18, 1989 "WORLD'S LARGEST RESORT CITY" CIT'Y COUNCIL MAMR M@EM E OMM@W. A, L-, VIU WYOR WURT E FEMrnM. ALUE@ W @0, L,-- B-h JOHN X -UM. @. &"h M@ HEI@K A, @,. M@ M. HEN@. 1- B-h @ & M@AN. @- A.- @h JOHN 0. @ @@6 -h M@ X PARKEIL A, L,, )OHN L PEMY. &,& @ MW" D. @.% JR.. 281 CrrY HAU BUILDING MU,VICIP@ CEgrER AU@ V. WAM. /k. c@, M-- CITY COUNCIL AGENDA VIRGINIA BEACH. VIRGINIA 23456-9002 J. @ NMWN, C@, Al@ (M) 4274303 R@H @ES WffH. @Cl@. Cio C@k SEPTEMBER 18, 1989 ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room 12: NOON A. CITY COUNCIL CONCERNS ITEM 11. INFORMAL SESSION - Conference RDom 1:00 PM A. CALL TO ORDER - Voyor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM 111. FORMAL SESSION Council Chaml>er - 2:00 PM A. 'INVOCATION: Reverend Donald Murray Providence Friends Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - September 11, 1989 F. PUBLIC HEARING 1. PLANNING a. Ordinance for the discontinuance, closure and abandonment of a portion of Bayside Road beginning at a point 500 feet more or less Sou+hwest of the Northern termlnus of Air Rail Road (BAYSIDE BOROUGH), In the petition of ROBERT J. RUHL, DEPARTMENT OF ECON041C DEVELOPMENT. Deferred for cornpliance October 10, 1988, April 10, 1989, August 28, 1989 and September 11, 1989 Recommendation: FINAL APPROVAL b. Applications for Change of Zoning District Classifications (PRINCESS ANNE BORDUGH): FERRELL PARKWAY ASSOCIATES, INC. from R-20 Residential District to 0-2 Office District on the North side of Proposed Ferrell ParRway, 900 feet more or less West of General Booth Boulevard, containing 1.7 acres; AND, THE CITY OF VIRGINIA BEACH frcm 0-2 Office District to R-20 Rosidential District on the Southwest side of Strawbridge Road, 400 feet more or less tbrthwest of General Booth Boulevard, containing 2.3 acres. Recommendation: APPROVAL c. Applications of HOLLYBAR HOMES, INC. for Conditional Zoning Classfflcations (KB4PSVILLE BOROUGH): Frorn AG-1 A_qricultural District to R-7.5 Residential District at the Southern extremlty of Sherman Oaks Avenue, containing 13.4 acres; AND, From R-15 Residential District to R-7.5 Residential District South of Sherman Oaks Avenue at the Southern extremity of Jessica Lane, containing 21.7 acres. Recommendation: APPROVAL d. Application of SMITH CORNER MOTORS TOYOTA, INC. for a C,onditional Use PerTnit for motor vehicle sales on a portion of Lots 15-22 and 38-40, all of Lots 41-44, Block 28, Euclid Place and 40 feet of closed Brian Avenue bounded on the North by Virginia Beach Boulevard and on the South by Admiral Wright Road (5033 Virginia Beach Boulevard), containing 39,204 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL e. Application of EDWARD B. and JEAN M. SNYDER, Trustees Snyder Family Trust, and CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit for automobile sales (new and used), service parts and auto accessories at the Southeast corner of Virglnia Beach Boulevard and tbrth Lynnhaven Road, containing 17,424 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL f . Appl ication of JOSEPH DESIMONE, JR., T/A DESIMONE'S AUTO BODY for a Conditional Use PerTnit for autanobile r,3palr garag,5 @th.ar (expansion) on the Northeast side of Euclid Road, S. 't f leveland Street (4998 Euclid Road, Suites 101 and 102), containing 17,424 square feet (BAYSIDE BOROUGH). Recommendation: APPRO"L g. Application of CONTEL CELLULAR, INC. for a Conditional Use PerTnit for a communications tower on the North side of Muddy Creek Road, 2904 feet more or less East ot Princess Anne Road, containing 2.943 acres (PUNGO BOROUGH). Recamendation: APPROVAL h. Application of DOMINGO TAN for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the Zoning Ordinance (1117 Thompkins Lane) (KEMPSVILLE BOROUGH). Recommendation: DENIAL i. Petition of LOIZOU, INC., T/A A&G AUTO SALES for the discontinuance, closure and abandonment of a portion of Broad Street beginning at the Western boundary of Southgate Avenue and running In a Westerly direction a distance of 125 feet, said parcel being 60 feet in width and containing 7,500 square feet (BAYSIDE BOROUGH). Recommendation: DENIAL J. Application of WILLIAMS CORPORATION OF VIRGINIA for a Conditional Use Permit for a borrow pit on the East side of Seaboard Road, 3800 feet more or less Northwest of the Intersection of Seaboard Road and Princess Anne Rc)ad (2893 Seaboard Road), containing 247.33 acres (PRINCESS ANNE BOROUGH). Recommendation: DENIAL G. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion In the form listed. If an Item Is removed from the Consent Agenda, It will be dlscussed and voted upon separately. 1. Resolution to authorize the City Manager to proceed with completion of the final design, obtain concurrence of the Virginia Transportation Board and acquire all rights-of-way necessary for LONDON BRIDGE ROAD, Phase 1. 2. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach,. Virginia, by AMENDING Section 21-33 and ADDING Section 21-33.1 re motor vehicles and Traffic Code. 3. Ordinance authorizing the City Manager to execute a Deed of Easement with Federal National M:)rtgage Association to grant an easement across a triangular shaped, unnunbered lot owned by the City designated and described as 11151 lngress/egress easementfl, Shadowlawn Heights. I 4. Ordinances, upon SECOND READING, to ACCEPT and APPROPRIATE State Grant Funds to the FY 1989-90 Library Department Operating Budget: a. $13,967 LSCA Titie I Subregional Grant for the Blind b. $ 1,832 LSCA Large Print/Recorded Books 5. Ordinance, upon FIRST READING, to APPROPRIATE $160,000 to the Department of Nontat Health/Mental Retardation and Substance Abuse for enhancements to Departmental operations. 6. Ordinance to DECREASE appropriations by $185,000 to offset a reduction In estimated revenue for obstetrical services; and, to authorize the City Manager to enter Into a Contract for obstetrical services. 7. LOW BIDS a. CONTRACTORS PAVING General Booth Boulevard $4,264,847.06 CCMPANY, INC. Phase 11 (CIP 2-910) b. MEREDITH AND DRAKE Bow Creek Recreation $2,811,104.00 Center (CIP 4-926) c. ASPHALT ROADS & 1989-90 BitLrnlnous $ 822,520.00 MATERIALS CO., INC. Concrete @intenance Schedule - Contract 11 d. S. B. BALLARD Boardwalk Revitalization/ $ 487,800.00 CONSTRL)CTION, INC. Oceanfront Connector Parks Phase lll-S (CIP 2-048/2-066) e. CONTRACTORS PAVING 1989-90 Bituninous $ 251,750.15 COMPANY, INC. Concrete Prof I le and Resurfacing Schedule, Contract I f. DOREY ELECTRIC CCMPANY Traffic Signal $ 42,217.35 Rosemont Road/Dahlia Drive (CIP 2-816) H. UNFINISHED BUSINESS 1. NEW BUSINESS 1. SOUTHEASTERN EXPRESSWAY - Proposed VDOT PLAN Council Lady tkc]anan to sponsor Donald D. Kyle 2. CANCEL,/RESCHEDULE CITY COUNCIL SESSION: Monday, November 27, 1989 (66th Annual National League of Cities Conference) J. ADJOURWENT SPECIAL FORMAL SESSION 12:30 PM - Tuesday, September 25, 1989 Bid Closing - $40,210,000 G 0 Bonds Establish Interest Rate - $2,000,000 MINIBONDS SEPT04BER 25, 1989 APTA CONFERENCE ROSH HASHANNAH: SEPTD4BER 30, 1989 (Not a scheduled Session) OCTOBER 9, 1989 YOM KIPPUR (Rescheduled to October 30, 1989) OCTOBER 16, 1989 VIRGINIA MUNICIPAL LEAGUE (Rescheduled to October 30, 1989) mim 9/14/89 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 18, 1989 The VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall, on Monday, September 18, 1989, at 12:00 NOON. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, liarold Heischober, Barbara M. Henley Reba S. McClanan, John D. Moss, Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms. Council Members Absent: None - 2 - IT EMS OF T HE C IT Y MANA GE R TTEM # 31796 The City Manager distributed correspondence dated September 15, 1989, from E. Carlton Bowyer, Division Superintendent, Virginia Beach City Public Schools. Said letter referenced the application of WILLIAMS CORPORATION OF VIRGINIA for a Conditional Use Permit for a borrow pit on the East side of Seaboard Road and registered concern for the safety of students. There will be an increase in traffic on Seaboard Road during the times when school buses are transporting students. ITEM # 31797 The City Mana-er distributed the DRAFR publication entitled: "Hampton Roads Local Government Funding Situation" from the Mayor's and Manager's Regional Group. The more formal document will be forwarded to City Council upon receipt. - 3 - M A Y 0 R ' S C 0 N C E R N S ITEM # 31798 BY CONSENSUS, City Council APPOINTED the Voting Delegate and Alternate Voting Delegates to the NATIONAL LEAGUE OF CITIES Annual Conference in Atlanta, Georgia, November 25-29, 1989: VOTING DELEGATE Mayor Meyera E. Oberndorf ALTERNATE VOTING DELEGATES Councilman Albert W. Balko Robert R. Matthias Intergovernmental Relations Co-ordinator - 4 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 31799 Councilwoman Henley distributed a DRAFT copy of the proposed policy, entitled "Transportation Services Program for Citizens Disabilities", to bring on-line the wheelchair lift equipped buses in concert with the transit system. It will probably be this time next year before the policy is in effect, thus allowing ample time for discussion. With the apparently eminent mandate from Congress that all buses be wheelchair lift-equipped, the Tidewater Transportation District Commission has just received 20 new wheelchair lift-equipped buses with 20 more to be shipped in January and another 20 in August 1990. Of course, it will be some time before all the buses are lift-equipped and this whole policy will go into effect. The TTDC does not propose eliminating handi-rides, as there will be situations where the "curb to curb" personalized service is needed. All copies of this DRAFR policy have been forwarded to disabled agencies. PUBLIC HEARINGS and discussions will be forthcoming. On September 17, 1989, TRT implemented a time transfer system. Councilwoman Henley referenced two brochures (Direct Transfer Map and Direct Transfer Schedule) explaining the system. Time transfer is an innovative method of running the bus system. There is no other time transfer system in the United States. Time transfer sets up specific points where the routes will meet simultaneously and allow for better transfer. On the map in the brochure, the transfer lines are delineated In Virginia Beach, the Hilltop Point and the Pembroke Point will be transfer points. It will necessitate approximately three years to totally phase in all of the bus routes to enable the entire system to be on time transfer. It is extremely difficult to massage the routes to make them all come at the same time. Time transfer allows the routes to run at the same time every hour. Hopefully, a point will be passed at the same time every hour. The Schedules are included in the "blue" brochure. From sensors being placed on the top of each bus and along the poles on the route, TRT will be able, from the communications center, to denote the location of each bus at all times. All buses are also radio-equipped to maintain better communication. TTDC has attempted not to change rider boarding times more than fifteen (15) minutes. In response to Councilman Perry, Councilwoman Henley advised that initially Route 36 around flilltop, was to be eliminated at Great Neck; but, after the Public Hearing, Route 36 was changed. The eastern 'half of the route was split and a new route was instituted. This is the least service available but was better than cutting back completely. Councilwoman Henley suggested a maxi-ride route be utilized in the area of the Hilltop Transfer Station, the Hospital and the Elderly Housing, as the public expressed the majority of concern relative this area. Maxi-ride is a van service that is wheelchair lift-equipped but for everyone, not just the disabled. This service is utilized in a small area and does not go out of its route area. Although available in other cities, Virginia Beach has not utilized the maxi-ride system. Mayor Oberndorf and Vice Mayor Fentress complimented Councilwoman Henley's Chairmanship. Councilwoman flenley has been able, in the past year to accomplish needs which citizens have requested for the past nine years. ITEM # 31800 Councilman Moss referenced the DRAFT publication entitled: "Hampton Roads Local Govertment Funding Situation", which he had received and reviewed this weekend. Councilman Moss requested a profile of the Interstate projects in the State of Virginia (the competition and dollar values). It seems as if 1-64 between I-44 and Greenbrier is not getting any closer to fruition with the funding shortages. - 5 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 31801 Councilman Sessoms requested a report relative "Gangs in Virginia Beach" be provided to City Council. ITEM # 31802 Councilman Balko referenced the State Highway Project on Virginia Beach Boulevard and the signs on the traffic lights at the side roads. Councilman Balko advised in the future, when a road job is performed, the street sign be put up at the same time the traffic light goes up, even though the traffic light is not activated. ITEM # 31803 Councilwoman Henley advised she attended the Growth Management Seminar in Williamsburg on Thursday, Friday and Saturday (September 14, 15 and 16). There were five basic questions which the various Workshops pondered and recommendations were developed to be forwarded to the General Assembly. Councilwoman Henley will forward copies of her working documents to Members of City Council. Councilwoman Henley advised Councilman Baum she urged fairness and equity in property values. ITEM # 31804 Councilman Perry inquired whether the City Council had given John and Katherine Miller (palm readers) permission for their non-conforming use to increase the height of their building as same has been increased. This appears to be a violation of their Conditional Use. ITFJ4 # 31805 Councilman Perry referenced cars supposedly for sale on a lot on the corner of Baker Road and Lake Edward Drive. There is a sign indicating a forthcoming Planning Commission Hearing for a rezoning; however, at the present time all the cars have prices. The City Manager will investigate. ITEM # 31806 Councilman Perry referenced Buddy's Bait Barn. which is flooding that area. Councilman Perry said the telephone company was working in this location, but this hole must be filled. - 6 - ITEM # 31807 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, September 18, 1989, at 12:26 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Absent: None - 7 - ITEM # 31808 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1- 344(A)(1). (1) City Council appointed boards and commissions. (2) City Attorney position. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, pursuant to Section 2.1-344(A) (3). Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. ilIcClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 8 - ITEM # 31809 At 1:00 P.M., September 18, 1989, the doors opened and City Council RECONVENED the INFORMAL SESSION. Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council AMENDED the previous motion to RECESS TO EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia: To discuss the creation of and appointment to a new Commission to deal with the opportunity provided by Labor Day, including the appointment of persons, their charter and the staff to assist the Commission. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice t4ayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None CITIZENS ATRENDING MTION: 2 Police Officers, Kathleen Hassen, Annette Dickey and Deborah Spivey, 252 South Witchduck Road, Virginia Beach, Virginia 23462. 1 - 9 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL September 18, 1989 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BF-ACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, September 18, 1989, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Donald Murray Providence Friends Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 10 - Item III-D.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 31810 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motions convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice !Aayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, @layor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council @tembers Absent: None "Verbal Aye CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, S: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motions convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. MOTION; Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION to consider: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344(A) (1) City Council appointed boards and commissions. (2) City Attorney position. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, pursuant to Section 2.1-344(A) (3). Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council AMENDED the previous motion to RECESS into EXECUTIVE SESSION, pursuant to Section 2.1-344 Code of Virginia to consider: (1) Personnel Matters (2) Publicly Held Property; and, (3) To discuss the creation of and appointment to a new Commission to deal with the opportunity provided by Labor Day, including the appointment, of persons, their charter and the staff to assist the Commission. VOTE: 11-0 Council 14embers Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. None Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Sr. Council @lembers ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: None Ru@ Hodges Smith, CMC/AAE City Clerk Item III-E.I. MINUTES ITEM # 31811 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of September 11, 1989. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum - 12 - Item III-E.2. INTRODUCTION ITEM # 31812 ADD-ON Senator John Warner, sponsorin-. the "Virginia Woman 1989 Conference" at the Virginia Beach Radisson, made an appearance during the City Council Session. Senator Warner advised the Conference had considered changing the location in view of the Labor Day situation. Senator Warner was successful in persuading the Conference not to be cancelled. Senator Warner referenced the correspondence to Susan Engeleiter, Administrator - Small Business Administration, and SBA's ability to offer some assistance. Susan Engeleiter advised she would join Senator Warner to personally meet with Mayor Oberndorf and her representatives to explain the somewhat limited role of the Federal Government primarily providing an offer of loans in situations of this nature. There may be other Federal Assistance which can be rendered depending on the course of action the Mayor, City Council and others may take in this particular instance. Senator Warner is a ranking Republican in the Senate Armed Services Committee, which can in a non-partisan way develop a set of facts to resolve some of the conflicts. On September 14, 1989, Senator Warner wrote Lieutenant General Herbert Temple, Chief - National Guard Bureau. Senator Warner requested all relevant information be reviewed concerning the National Guard involvement during the Labor Day occurrence in Virginia Beach. Senator Warner requested the Armed Services Committee be advised whether the operational planning, deployment and subsequent performance of the National Guard Units and personnel in Virginia Beach demonstrated any significant deficiency or has had any impact on the capabilities of the National Guard to perform missions that might be assigned to it in a Federal role. If any impact is found, General Temple was requested to provide the Armed Services Committee with the appropriate details. This letter was the initiation of a staff inquiry into the role of the Guard to determine exactly what occurred. The National Guard and Reserve are an integral part of America's overall national defense. As far as Senator @Varner could determine, the Guard units here, once in position, performed in a professional manner and rendered a valuable support role. The Appropriations Bill in Congress this year between the House and the Senate is over $3-BILLIOIN for National Guard and Reserve units throughout the United States. I - 13 - Item III-F.I.a. PUBLIC HEARING PLANNING ITEM # 31813 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) ROBERT J. RUHL, DEPARTMENT STREET CLOSURE OF ECONOMIEC DEVELOPMENT (b) F-ERRELL PARKWAY ASSOCIATES, INC. CHANGE OF ZONING AND DISTRICT CLASSIFICATION THE CITY OF VIRGINIA BEACH (c) HOLLYBAR HOMES, INC. CONDITIONAL ZONING CLASSIFICATION (d) SMITH CORNER MOTORS, TOYOTA, INC. CONDITIONAL USE PERMIT (e) EDWARD B. AND JEAN M. SNYDER, CONDITIONAL USE PERMIT TRUSTEES SNYDER FAMILY TRUST, AND CHECKERED FLAG MOTOR CAR CO.,INC. (f) JOSEPH DESIMONE, JR. CONDITIONAL USE PERMIT T/A DESIMONE'S AUTO BODY (g) CONTEL CELLULAR, INC. CONDITIONAL USE PERMIT (h) DOMINGO TAN VARIANCE (i) LOIZOU, INC., T/A STREET CLOSURE A & G AUTO SALES WILLIAMS CORPORATION OF VIRGINIA CONDITIONAL USE PERMIT - 14 - Item III-F.I.a. PUBLIC HEARING PLANNING ITEM # 31814 Larry Barry, Langley & McDonald Engineers, Phone: 473-2000, represented the Virginia Beach Development Authority Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance, closure and abandonment of a portion of Bayside Road be-.inning at a point 500 feet more or less Southwest of the Northern terminus of Air Rail Road, in the petition of ROBERT J. RUHL/DEPARTMENT OF ECONOMIC DEVELOPMFNT. Application of Robert J. Ruhl, Department of Economic Development, for the discontinuance, closure and abandonment of a portion of Bayside Road beginning at a point 500 feet more or less southwest of the northern terminus of Air Rail Road. Plats with more detailed information are available in the Department of Planning. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS BAYSIDE ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT OF RIGHT OF WAY VACATION FOR VIGINIA BEACH DEVELOPMENT AUTHORITY BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by the City of Virginia Beach Development Authority, that they would make application to the Council of the City of Virginia Beach, Virginia, on September 13 1988, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Beginning at a point on the southeast right-of-way line of Bayside Road where the common boundary line between Parcels 1 and 2 intersect the aforesaid southeast right- of-way line of Bayside Road as shown on that certain plat prepared by Langley and McDonald, P.C. entitled "PLAT OF RIGHT OF WAY VACATION FOR VIRGINIA BEACH DEVELOPMENT AUTHORITY BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA, dated August 1, 1988, a copy of which is attached hereto and made a part hereof to which reference is made for a more particular description. From the aforementioned point of beginning along the southeast right-of-way line of Bayside Road N37* 351 36"E 138.401 to a point; thence along a curve to the left having a radius of 900.00', an arc distance of 160.211 to a point; thence, albng a curve to the right having a radius of 1,415.521, an arc distance of 51.851 to the true point of beginning; thence, along a curve to the left having a radius of 62.001 an arc distance of 103.051 to a point on the northwest right-of-way line of Bayside Road; thence, continuing along the aforementioned right-of-way line N331 511 56"E 455.671 to a point; thence, N441 161 14"E 5.651 to a point; thence, along a curve to the right having a radius of 62.001 an arc distance of 258.08'to a point; thence, along a curve to the left having a radius of 38.001, an arc distance of 45.701 to a point on the southeast right-of-way line of Bayside Road; thence, continuing along the aforementioned right- of-way line S331 511 56"W 183.101 to a point; thence, along a curve to the left having a radius of 1415.521, an arc distance of 107.96, to the point of beginning. The aforedescribed parcel lies wholly within the City of Virginia Beach, Virginia and contains 33,370 square feet or 0.7661 acres. Said parcel of land designated as "BAYSIDE ROAD (VARIABLE WIDTH R/W)" as indicated on that certain plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk-s Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this ordinance shall be filed in the Clerk-s Office of the Circuit Court of the City of Virginia 2 Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III Adopted: FINAL APPROVAL: September 18, 1989 3 - 15 - Item III-F.I.b. PUBLIC HEARING PLANNING ITEM # 31815 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City Council ADOPTED Ordinances upon application of FERRELL PARKWAY ASSOCIATES, INC. and the CITY OF VIRGINIA BEACH for Changes of Zoning. The same conditions of approval placed on the adjacent parcels of FERRELL PARKWAY ASSOCIATES, INC. (ADOPTED April 24, 1989), relative access, signage and development design being compatible with the structures in the immediate area, shall apply on these Changes of Zoning. ORDINANCE UPON APPLTCATION OF FERRELL PARKWAY ASSOCIATES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO 0-2 Z09891262 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ferrell Parkway Associates, Inc. for a Change of Zoning District Classification from R-20 Residential District to 0-2 Office District on certain property located on the north side of proposed Ferrell Parkway, 900 feet more or less west of General Booth Boulevard. Said parcel contains 1.7 acres. @fore detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLLCATION OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO R-20 Z09891263 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Change of Zoning District Classification from 0-2 Office District to R-20 Residential District on certain property located on the southwest side of Strawbridge Road, 400 feet more or less northwest of General Booth Boulevard. Ttie parcel contains 2.3 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Access shall be limited to the intersection of London Bridge and General Booth and access on Ferrell Parkway where the combined entrance is shown on Conceptual Site Plan entitled: "Master Plan for Municipal Facilities, dated December 28, 1988, by Krummel and Jackson". - 16 - Item 111-F.I.b. PUBLIC HEARING PLANNING ITEM # 31815 (Continued) 2. No portion of any building or other structure located within the 0-2 Office District shall exceed thirty-five (35) feet in height. 3. The signage shall be monument type with landscaping. 4. Lighting shall be contained within the confines of the property. 5. Category IV Landscaping and Screening shall be provided adjacent to residential property. 6. Development design shall be compatible with the structures in the immediate area (Nimmo Church). These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of September, Nineteen Hundred and Eighty-nine. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 17 - Item III-F.I.c. PUBLIC HEARING PLANNING ITEM # 31816 The following spoke in SUPPORT of the application: Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the applicant and distributed a site plan. The property shall be developed at a density of 3.5 units per acre. The proposed lots are 7,500 square feet. Thirty acres of land which are not actually part of the rezoning will be incorporated as part of the properties. South of Elbow Road, the area will be restricted to a density of 1.9 units per acre. Elva Y. Beiler, 2264 Salem Road, Phone: 427-1394, owner of a dairy farm, advised her desire to sell the front portion of her property comprising approximately 13 acres. Attorney Jay Wilkes, 2000 Sovran Center, Phone: 624-3000, represented Elva Beiler. The balance of Mrs. Beiler's property will be restricted for density purposes. A MOTION was made by Councilman Moss, seconded by Councilwoman Parker to DENY Ordinances upon application of HOLLYBAR HOMES, INC. for Conditional Zoning Classifications: Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED Ordinances upon application of HOUYBAR ROMES, INC. for Conditional Zoning Classifications: ORDTNANCE UPON APPLTCATTON OF HOLLYBAR HOMES, INC. FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO R-7.5 Z09891264 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hollybar flomes, Inc., for a Conditional Zoning Classification from AG-1 Agricultural District to R-7.5 Residential District on certain property located at the southern extremity of Sherman Oaks Avenue. Said parcel contains 13.4 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF HOLLYBAR HOMES, INC. FOR A CONDITIONAL ZONING CLASSIFTCATION FRO@L R-15 TO R-7.5 Z09891265 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VTRGTNIA Ordinance upon application of Hollybar Homes, Inc. for a Conditional Zoning Classification from R-15 Residential District to R-7.5 Residential District on certain property located south of Sherman Oaks Avenue at the southern extremity of Jessica Lane. Said parcel contains 21.7 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGli. - 18 - Item III-F.l.c. PUBLIC REARING PLANNING ITEM # 31816 (Continued) The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of September, Nineteen Hundred and Eighty-nine. Councilman Moss requested the City Manager compose a letter to the School Board that a capacity figure be provided, an assessment beyond the numbers, in order to determine an adequate figure for enrollment. This would advise whether there would be any problem in educating additional children. It has more or less become a routine and perhaps people are not addressing the issue with the intellectual vigor they should. Voting: 7-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None PROFFER ADREEMENT THIS PROFFER AG.REEMF-NT, made this 14th* day of July, 1989, by and between HOLLYBAR HOMES, INC., and/or assigns (hereinafter referred to as "Contract Purchaser"), a Vir- ginia corporation, ELVA Y. BEILER, MERLIN BEILER, MARVIN L. BEILER, PAUL BEILER and PAULINE BEILER SWARTZENTRUBER (hereinafter referred to as "Owners"), and the CITY OF VIRGINIA BEACH (hereinafter referred to as the "City"), a municipal corporation of the Commonwealth of Virginia; WHEREAS, Owners own those certain parcels of land (hereinafter sometimes referred to as the "Land") situated in the City, comprising, in@.the aggregate 67.7 acres, more or less, referenced in Deed Book 2786, at page 652, desig- nated Area A, Area B, Area C and Area D on that certain plat entitled "COMPOSITE PLAT OF REMAINING PORTION OF PROPERTY SHOWN ON PLAT ENTITLED 'PROPERTY LINES OF FARM, E. W.- PRATT--OWNER' KEMPSVILLE BOROUGH--VIRGINIA BEACH, VIRGINIA", dated February 16, 1989, revised July 20, 1SS89, made by Rouse-Sirine Associates, Ltd., on file in the Department of Planning of the City, a copy of which is attached hereto as Revised 20th day of July, 1989 "Exhibit A" (hereinafter sometimes referred to as the "Composite Plat", and Owners have contracted to sell Areas A, B and C to Contract Purchaser conditioned upon the hereinafter mentioned rezoning of a portion thereof; and WHEREAS, Owners and Contract Purchaser (hereinafter collectively referred to as the "Profferers") have applied to the city for a conditional amendment to the Zoning Map of the City in order to change the zoning classification of Area A from R-15 Residential District to R-7.5 Residential District and Area from AG-1 to R-7.5 Residential District; and WHEREAS, the City's policy is to provide only for the ,orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, Profferers acknowledge that certain reasonable conditions governing the use of the Land for the protection of the a'djacent properties and the community as a whole that are not generally applicable to comparable land similarly zoned are needed to resolve the problems which might other- wise be created by the City's approval of the rezoning application of the Profferers; and WHEREAS, the Profferers desire to voluntarily proffer, as a part of the proposed amendment to the Zoning Map with 2 respect to Areas A and t, the hereinafter mentioned reason- able conditions relating to the physical development and use of all the Land to be adopted as a part of said amendment to the Zoning Map relative to Areas A and B which has a rea- sonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, THIS PROFFER AGRE@T WTTNESSETH THAT: The'Profferers, for themselves, and their heirs, personal representatives, successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or action from the City or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning,,site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development and use of the Land a:nd hereby covenant and agree that this declaration shall constitute covenants running with the Land', which shall be binding upon the Land and upon all parties and persons claiming by,@through,or under,the Profferers or their heirs, personal representatives, successors, assigns and other successors in interest or title; 3 1. Areas A and B will be developed as R-7.5.Residen- tial District property in accordance with City development ordinances. Areas C and D will be developed under the existing R-15 zoning at a density not to exceed 1.9 units per acre calculated only as to that portion of the Land which is permitted density credit pursuant to the city's development ordinances. 2. The primary vehicular access to the residential subdivision into which the Land is to be developed shall be from Salem Road over and across a street to be constructed on Area C. No permit.for occupancy of any dwelling unit on Area A or Area B shall be issued by the City until said access street from Salem Road is improved to City standaras and is dedicated to the City. Provided, however, should Elbow Road Extended be built through the Land prior to the development of Areas A and B, then the foregoing restriction @shall have no effect. 3. During the development@of'the La nd into residen- tial lots and during the'construction of houses on the lots, the Contract Purchaser shall use all reasonable means acceptable to the City (including the erection of barricades at Sherman Oaks Avenue and Jessica Lane) in order to prevent construction traffic from utilizing the streets in the 4 adjoiriing subdivision known as Salem Lakes. Construction i:raffic shall be restricted to the street to be constructed on Area C or to Elbow Road Extended if Elbow Road Extended is built prior to development of the Land. 4. The issuing of Certificates of occupancy (Cols) by the City for houses to@be constructed on the Land shall be limited to the following schedul.e: Number of Months Maximum # of CO's following rezoning to be issued during approval. the 12 month period. 0 1 3-24 68 25-36 60 37-48 60 The above conditions, having been proffered by Profferers and allowed and accepted by the@City as part of the.amendinent to the zoning ordinance, shall continue in fitll force and effect until a subsequent amendment changes the zoning of the i.and and specifically repeals such condi- tions. Such conditions shall continue despite a subsequent amen@ent to the zoning ordinance even if the subsequent 5 aniendment.is part of a comprehensive implementation of a new or substantially revised zoning ordinance until specifically repealed. The conditions, however, may be repealed, amend- ed, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City, and executed by the recor@ owner of the Land at the time of recordation of such iiistrument, provided that said instrument is consented to by the City in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Cityi after a public hearing before the City which was advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. All reference hereinabove to AG-1, R-15 and R-7.5 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning ordinance and Subdivision Ordinance of the City, in forc6 as of the 25th day of May, 1989, which are by this reference incorporated herein. Profferers further covenant and agree that: 6 (a) The Zoning Administrator of the City shall be vested with all necessary authority, on behalf of the governing body of the City, to administer and enforce the foregoing conditions and restrictions, including the au- thority (i) :to order, in writing, that any noncompliance with.such conditions be remedied, and (ii) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (b) The failure to meet all conditions and re- strictions shall constitute cause to deny the issuance of aiiy of the required development permits as may be appropri- ate; (c) If aggrieved by any decision of the Zoning Administrator made pursuant to these provisions, Profferers shall petition the governing body of the City for the'review thereof prior to instituting,proceedings in court; and (d) The 4-oning Map may show by an appropriate symbol thereon the existence of conditions attaching to the zoning of Areas A and B, and the conditions attached to Areas C and D, and the ordinances and the conditions may be made readily available and accessible for public inspection 7 in the office of the Zoning,Administrator and in the Plan- ning Department, and they shall be recorded in the Clerk's office of the Circuit Court of the City and indexed in the names of the Profferers and the City. WITNESS the'following signatures and seals: HOLLYBAR HOMES, INC. B-1 President (SEAL) 'Elva (SEAL) me(ii er (SEAL) Marvin L. Beiler _@SEAL) -Paul Beiler SEAL) @uline-Beilet-Swartzentruber STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The ab reement was f thip, ox; 1989, by /P/,,wl. . day of President of Hollybar Homes, Inc., oii behalf of the corpo- ra'lion. [NOTARIAL SEALI I&tary Public my commission expires: STATE OF CITY/ c to-wit: The abow Agreement was acknowledged before me this day of 1989, by Elva Y. Boiler. [NOTARIAL SEAL) Noary Public My commission expires: STATE OF CITY/COUNTY OF to-wit- The above Agreement was,acknowledged before me this .9-@day of Q-.Z ., 1989, by Merlin Beiler. [VOTARIAL SEAL] Aotary P3&lic My commission expires: STATE CITY/C to-wit: The abov greement was acknowledged before me this _iay f 1989, by MaFvin L. Bei ler. I '@ I ENO"ARIAL SEAL@ Notary Public MI.- cormnission expires: M'ILU@,11,IISSIONEXPIRESJULYII,1992 9 STATE OF /cou@ to-wit: The ab reement was acknowledged before me this day of 1989, by Paul Beiler. off ENOTARIAL SE Notary'Publj:c Not PUI rady Coiinty, Georgi@ 14Y co@ission expires: My 3c@.LT@C@@E:cpircs llov. 2, 199?, STATE OF CITY/COUN4 to-wit: 1091 The ab reemen was acknowledged before me tilis ,@fe day of 1989, by@uli/@iler Swartzentxper. [NOTARIAL SA@! Lry Public My commission expires: MYCOMMISSIONEXPIRESjULYII,lg.92 I0 - 19 - Item III-F.I.d. PUBLIC HEARING PLANNING ITEM # 31817 The following spoke in SUPPORT of the application: Delegate Glen Croshaw, represented the applicant Timothy Dough, Smitti Corner Motor Toyota, advised there will be a ten-foot green area around the entire lot. Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of SMITH CORNER MOTORS TOYOTA, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SMITH CORNER MOTORS TOYOTA, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R09891249A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Smith Corner motors Toyota, Inc. for a Conditional Use Permit for motor vehicle sales on a portion of Lots 15-22 & 38-40, all of Lots 41-44, Block 28, Euclid Place and 40 feet of closed Brian Avenue bounded on the north by Virginia Beach Boulevard and on the south by Admiral Wright Road. The parcel is located at 5033 Virginia Beach Boulevard and contains 39,204 square feet. BAYSTDE BOROUGH. The following conditions shall be required: 1. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 2. The applicant has agreed to provide landscaping along the frontage on Virginia Beach Boulevard in compliance with the Parking Lot Landscaping Specifications and Standards. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of September, Nineteen Hundred and Eighty-nine. - 20 - Ttem TII-F.I.d. PUBLIC HEARTNG PLANNING TTEM # 31817 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 21 - Item III-F.I.d.(I) PUBLIC HFARING PLANNING ITEM # 31818 ADD-ON Delegate Glen Croshaw expressed appreciation and pride in the Mayor and Members of City Council. They acted cohesively and in the City's best interest on a very sensitive and important issue, the Labor Day occurrence. - 22 - Item ITT-F.I.e PUBLIC HEARING PLANNING ITEM # 31819 Attorney Morris Fine, 5101 Cleveland Street, Phone: 490-4545, represnted the applicant Upon motion by Councilman Balko, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of EDWARD B. & JEAN M. SNYDER, TRUSTEES SNYDER FAMILY TRUST and CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EDWARD B. AND JEAN M. SNYDER, TRUSTEES SNYDER FAMTLY TRUST & CHECKERED FLAG MOTOR CAR CO., INC. FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE TIRES (NEW & USED) R09891250 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Edward B. & Jean M. Sndyer, Trustees Snyder Family Trust & Checkered Flag Motor Car Co., Inc., for a Conditional Use Permit for automobile sales (new & used), service parts and auto accessories on property located at the southeast corner of Virginia Beach Boulevard and North Lynnhaven Road. The parcel contains 17,424 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Internal access between the adjoining auto sales establishment must be incorporated into the site design. 2. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 3. The curb cut on Virginia Beach Boulevard nearest the intersection with North Lynnhaven Road is to be closed. 4. A planting bed, 5 feet in widtli and parking lot landscaping, shall be installed along the boundaries fronting on Virginia Beach Boulevard and North Lynnhaven Road. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of September, Nineteen Hundred and Eighty-nine. - 23 - Item III-F.l.e PUBLIC HEARING PLANNING ITEM # 31819 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 24 - Item III-F.l.f PUBLIC HEARING PLANNING ITEM # 31820 Joseph Desimone, Jr., the applicant, represented himself Upon motion by Councilman Perry, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of JOSEPH DESIMONE, JR., T/A DESTMONE'S AUTO BODY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JOSEPH DESTMONE, JR., T/A DESIMONE'S AUTO BODY FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE (EXPANSION) R09891251 BE IT HEREBY ORDAINED BY TIIE COUNCIL OF THE CITY OF VTRGTNIA BEACH, VIRGINIA Ordinance upon application of Joseph Desimone, Jr., T/A Desimone's Auto Body for a Conditional Use Permit for an automobile repair garage (expansion) on the northeast side of Euclid Road, southeast of Cleveland Street. The parcel is located at 4998 Euclid Road, Suites 101 & 102, and contains 17,424 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. All green areas, including area designated for retention, must remain free of debris and excess parts. Said areas must also be properly maintained (i.e., grass cut, shrubbery trimmed). 2. No vehicle may be located with the public right- of-way or landscaped areas. 3. The existing trash dumpster must be relocated to the Northwest corner of the site. 4. Tf Category VT screening is not required, the following conditions shall apply: A. All vehicles stored on-site must be located within the confines of existing striped parking areas. B. A landscaping strip, ten feet in width, shall be located along the Southern property line extending from the Western line of the existing driveway entrance to the Western property line, said strip must also extend along the Western property line for a distance of approximately 50 feet. Evergreen hedge forms as identified in the Parking Lot Landscaping Specifications and Standards shall be placed within the landscape strip. 5. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 6. Approval is for a period of two (2) years. - 25 - Item III-F.l.f PUBLIC HEARING PLANNING ITEM # 31820 (Continued) These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth day of September, Nineteen Hundred and Eighty-nine. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: Harold Heischober - 26 - Item III-F.I.g PUBLIC HEARING PLANNING ITEM # 31821 The following spoke in SUPPORT of the application: Attorney Howard W. Martin, Jr., 1640 Sovran Center, Norfolk 23510, Phone: 623-3000, distributed photographs of the proposed Contel site, as well as the existing Cox tower (Said photographs are hereby made a part of the record). Dale Woolsey, 900 Central Park, Atlanta, Georgia (1-800-451-5711), Contel Representative Debbie Stewart, 1800 North Muddy Creek Road, Phone: 721-3206, owner of property on wliich Contel wishes to locate their tower. The following spoke in OPPOSITION to the application: Lee Barnes, 4221 Pleasant Valley Drive, Phone: 467-8890, represented residents of North Muddy Creek area Mary Ann Carliss, 1761 North Muddy Creek Road, Phone: 628-6755, distributed an aerial layout of the locations of the various towers, photographs of the Contel tower on Indian River Road, and other towers in Pungo, as well as a petition in OPPOSITION Shirley Wilkinson, 1685 North Muddy Creek, Phone: 721-3863 Upon motion by Councilwoman Henley, seconded by Councilman Moss, City Council DENIED an Ordinance upon application of CONTEL CEUULAR, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CONTEL CELLULAR, INC. FOR A CONDITTONAL USE PEW4IT FOR A CO@IMUNICATTONS TOWER Ordinance upon application of Contel Cellular, Inc. for a Conditional Use Permit for a communications tower on certain property located on the north side of Muddy Creek Road, 2904 feet more or less east of Princess Anne Road. The parcel contains 2.943 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUG'I. Voting: 6-5 Council Members Voting Aye: Albert W. Balko, Barbara @l. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. F'entress, Harold Heischober, John L. Perry and William D. Sessoms Council Members Absent: None - 27 - Item III-F.l.h PUBLIC REARING PLANNING ITEM # 31822 The following spoke in OPPOSITION: Alice Green, 1221 General Street Judy Smith, 1373 Ferry Point Road Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Councii DENIED the application of DOMINGO TAN for a Variance to Section 4.4(b) of the Subdivision Ordinance Appeal from Decisions of Adminstrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Domingo Tan. Property is located at 1117 Thompkins Lane. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Ileischober, Barbara @l. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 28 - Item IIT-F.I.i PUBLIC HEARING PLANNING ITEM # 31823 The following spoke in SUPPORT of the application: Attorney Lorin Hay, 4336 Virginia Beach Boulevard, Phone: 486-1551, represented the applicant and distributed a Site Development Plan which is hereby made a part of the proceedings. George Loizou, 5048 Virginia Beach Boulevard, Phone: 490-4734 Arthur J. Mackie, Jr. 309 Southgate Avenue, Phone: 497-6770, had registered in OPPOSITION but WAIVED the right to speak. Arthur J. Mackie still supports the denial, but now understands the objective of the application. Upon motion by Councilman Perry, seconded by Councilman Baum, City Council APPROVED subject to compliance by March 19, 1990, an Ordinance upon application of LOIZOU, INC., T/A A & G AUTO SALES for the discontinuance, closure and abandonment of a portion of Broad Street. Application of Loizou Tnc. , T/A A & G Auto Sales for the discontinuance, closure and abandonment of a portion of Broad Street beginning at the western boundary of Southgate Avenue and running in a westerly direction a distance of 125 feet. The parcel is 60 feet in width and contains 7500 square feet. BAYSTDE BOROUGH. The following conditions shall be required: 1. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to ensure that all lots have access to a public street. 2. The applicant is responsible for making arrangements to accommodate any non-municipal utilities which may be located in the right-of-way proposed for closure. 3. A 30-foot utility easement satisfactory to Public Utilities is required centered over the existing 20-inch water line and 8-inch sanitary sewer line. It should be noted that the City will not permit the storage of automobiles or other materials within this utility easement. 4. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council, (March 19, 1990). 2@, iter@i -Ill-F. 1. PUBLIC HEARING PLANNING ITEM # 31823 (Continued) Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold fieischober, Barbara M. Henley, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: None ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF TliAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS BROAI) STREET, AS SHOWN UPOR THAT CERTAIN PLAT ENTITLED WHICH PLAT IS ATTACHED HERETO. S, it appearing by affidavit that proper notice WHEREA has been given by LoiZou, Inc. that it would make application to the Council of the City of Virginia Beach, Virginia on 1989, to have the hereinafter street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by tlie Council of the City of Virginia Beach, Virginia that the hereinafter described street be discontinued, closed and vacated: ALL THAT certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as "BROAD STREET TO BE VACATED AND CLOSED" on that certain physical survey entitled "PHYSICAL SURVEY OF BROAD STREET, WEST OF SOUTHGATE AVENUE EUCLID PLACE, BAYSIDE BOROUGH, VA. BEACH, VA.", dated March 11, 1989, and made by MGM Engineering & Surveying, and being more particularly bounded and described as follows: BEGINNING at a pin located at the northeast corner of Lot 22, Block 27, as shown on that certain plat entitled "EUCLID PLACE", duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 4, at pages 62 and 63 (the "Plat"), and thence running South 89' 441 5811 West 125 feet, more or less, along the northern line of Lot 22, Block 27, as shown on the Plat to the northwest corner of Lot 22, Block 27, as shown on the Plat; thence running North O" 151 0211 West 60 feet, more or less, along an extension in a northerly direction of the western line of Lot 22, Block 27, as shown on the Plat to the northern li-ne of Broad Street; thence running North 89' 441 5811 East 125 feet, more or less, along the northern linc of Broad Street, to the western line of Southgate Avenue; thence running South O" 151 0211 East 60 feet, more or less, along the western linr; of Southgate Avenue, to the point of beginn-*-ng. Said parcel of land designated as GPIN 14G7 95 2752 0000 indicated on that certain plat of property in Virgi@ia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part by reference. SECTION II A Certified copy of this Ordinancc shall be filed in the Clerk's office of the Circuit Court of the city of Virginia Beach, Virginia, and indexed in the name of the city of Virginia Beach as Grantor. Adopted: GPIN# 1467 95 2752 0000 AS TO 7,/.t t5 Is -ro ccQrlcy THAR.T. OAI A44 A?.CI4 1,06.9 5uQVEYFD -r@16' FROOE)?TY THO WIV OA/ 71415 -L.A7, AIVD 7-HA7- TH-- 7'17-LE LIAIES AIVO 7'@@ , OriN,- !A,9E HOWAI CA/ TH/S @&l@R@_,S-rAVD STQIC7.L ,PN 7W 7/7 LJIV25 AIYD T14.-,qE AQf,-RZI 07-,WE.Q BUIII')IATGS OIV -rl4E PRO,-EPTY,,CXCE,07- A.5 OF C -r 13 A40TO)C? 17-Y C A,'550CIAIE ,gA, 2 7,66 @ 3 SA4H Ln- PIN(: 15.7,0 tA INV! I 7RECT pAAVE-ME"T@ ROAD ST6EE7 TO-BE VACA7-ED ,'/D CZO-5,-D 39 -- 4 x /Z@. 00' ZOT/, L) 2 2.Lgt 8LOCK e7 A 9@K 2? 'EUCIID c -ACE P'3.5- 6 2 .@3)' NOTE5: /.TOTAL AREA 15 0.1722 AC. Z.EL-EVATIO&15 /-IPL- BA,5EL) OAI.N.5.VD. 192.9 51(31VED: E-AIGINEEP)MG Y//\/ (3 @VD. VA CC@ @ VA. t3r f4f- ICAL SUR\lEr OF.,;@ PEET, (AIE-5T OF SOUTHGATE' AVEIIJUE E-UCLID PLACE, BA'Y51DE BOROU(3P , VA. 13EIqc,[-/ i VA, .5CALE: 1,@30, ORN BY.-AlGlv DATE: .3@tl@89 A P R. 8 Y: IIISI - 30 - Item III-F.l.i. PUBLIC HEARING PLANNING ITEM # 31824 The following spoke in SUPPORT of the application: Attorney Robert Cromwell, Pembroke One, Phone! 499-8971, represented the applicant, and advised the anticipated life of the borrow pit is 10 years. E. V. Williams, 925 South Military Highway, Phone: 420-1140 Rick Bowler, Vice President/Secretary-Treasurer - Williams Corporation, 925 South Military Highway, Phone: 424-1140 Robert Miller, Professional Engineer with Miller-Stephenson The following spoke in OPPOSITION: Attorney Anne Grove, Kaufman, Canoles, Sovran Building, represented the Foxfire Subdivision Jeff Utley, 2988 Seaboard Road, Phone: 426-2374 Kay LaJesse, 2646 Seaboard Road, Phone: 427-2620, represented residents of surrounding area Betty Johnson, 2025 Malbon Road, Phone: 721-3442 Kay France, 2977 Seaboard Road, Phone: 721-5939 Rick Scraper, 2921 Seaboard Road, Phone: 721-5911 The City Clerk read into the record a letter, dated September 15, 1989, from E. Carolton Bowyer, Division Superintendent - Virginia Beach City Public Schools. Said letter advised the School's Office of Transportation has begun to monitor the traffic on Seaboard Road. An increase in traffic has been noticed and, therefore, the School Board wishes to register concern for the safety of the students. Said letter is hereby made a part of the record. Upon motion by Councilwoman @IcClanan, seconded by Councilwoman Henley, City Council DENIED an Ordinance upon application of WILLIAMS CORPORATION OF VIRGINIA for a Conditional Use Permit: ORDTNANCE UPON APPLICATION OF WILLIAMS CORPORATION OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR A BORROW PTT Ordinance upon application of Williams Corporation of Virginia for a Conditional Use Permit for a borrow pit on the east side of Seaboard Road, 3800 feet more or less northwest of the intersection of Seaboard Road and Princess Anne Road. The parcel is located at 2893 Seaboard Road and contains 247.38 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH Voting: 7-4 Council Members Voting Aye: John A. Baum, Harold Heischober, Barbara M. fienley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker, Council Meribers Voting Nay: Albert W. Balko, Vice Mayor Robert E. Fentress, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 31 - Item III-G. CONSENT AGENDA ITEM # 31825 Upon motion by Vice Mayor Fentress, seconded by Councilman lieischober, City Council APPROVED in ONE MOTION Items 3, 4, 5 and 7 of the CONSENT AGENDA Items III-G.1, 2 and 6 were pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum*, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry" and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 32 - Item III-G.1 CONSENT AGENDA ITEM # 31826 John Vogel, 2400 London Bridge Road, Phone: 427-6610 represented Hunt Club properties. John Vogel distributed a graphic which is hereby made a part of the record. Hunt Club Properties consists of 200 acres. In the design of the London Bridge Road, Phase I, there was no median break into this property. Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution to authorize the City Manager to proceed with completion of the final design, obtain concurrence of the Virginia Transportation Board and acquire all rights-of-way necessary for LONDON BRIDGE ROAD, Phase I. AND, DEFERRED until City Council Meeting of October 2, 1989: The desired median break into the Vogel Property shall be reconsidered and returned to City Council. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice @layor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. tqcclanan Council Members Absent: None LONDON BRIDGE ROAD PHASE I RESOLUTION WHEREAS, a Desigi-i Public Hearing was conducted on June 7, 1989, in the City of Virginia Beach by representatives of the City of Virginia Beach and with representa tives of the Commonwealth of Virginia, Department of Transporiation in attrendance, after due and proper notice for the purpose of considering the proposed design of London Bridge Road Pliase I Project UOOO-134-122, PE101, RW201, C501 in the City of Virginia Beach, at which hearing aerial photographs, drawings, and other pertinent information were made available for public inspection in accordance with state and federal requirements; and WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; and WHEREAS, representatives of the City of Virginia Beach, were present and participated in said hearing; and WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this project; and WHEREAS, the Council considered all such matters; now THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach hereby approves the design features of the proposed project as presented at the Public Hearing; and BE IT FURTHER RESOLVED, that the Commonwealth Transportatioi-i Board at the request of the Council of the City of Virginia Beach hereby approve the major design featurc-s of the proposed project as presented at the public hearing; and DE IT FURTHER RESOLVED, that the City of Virignia Beach will acquire all rights of way necessary for this project and clrtify same to thL- Department at the appropriate time. Adopted by the Council of the City of Virginia Beach on the September Eighteenth day of _, 1989. ATTEST: Clerk of Council - 33 - Item III-C.2 CONSENT AGENDA ITEM # 31827 Assistant City Attorney William Byman responded to City Council concerns Upon motion by Councilwoman Henley, seconded by Councilman Heischober, City Council DEFERRED until the City Council Meeting of October 2, 1989: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by AMENDING Section 21-33 and ADDING Section 21-33.1 re motor vehicles and Traffic Code. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss*, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 34 - Item III-G.3 CONSENT AGENDA ITEM # 31827 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing the City Manager to execute a Deed of Easement with Federal National Mortgage Association to grant an easement across a triangular shaped, unnumbered lot owned by the City designated and described as "15' ingress/egress easement", Shadowlawn Heights. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum", Vice Mayor Robert E. Fentress, fiarold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None "Verbal Aye 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A DEED OF 3 EASEMENT WITH FEDERAL NATIONAL 4 MORTGAGE ASSOCIATION, A CORPORATION 5 ORGANIZED UNDER AN ACT OF CONGRESS 6 AND EXISTING PURSUANT TO FEDERAL 7 NATIONAL MORTGAGE ASSOCIATION 8 CHARTER ACT TO GRANT AN EASEMENT 9 ACROSS CITY PROPERTY DESIGNATED AND 10 DESCRIBED AS "15' INGRESS/EGRESS 11 EASEMENT" AS SHOWN ON THAT CERTAIN 1.2 SURVEY ENTITLED "PROP. ESMT- FOR 13 LOTS 24 AND 26, BLOCK 52, MAP OF 14 SHADOWLAWN HEIGHTS, VIRGINIA BEACH, 15 VA. PRINCESS ANNE COUNTY" 16 WHEREAS, the City of Virginia Beach owns property which 17 is bordered by Caribbean Avenue, 14th Street, a 501 R/W is (unimproved), and Norfolk Avenue, in the City of Virginia Beach, 19 as more particularly shown on the attached survey; and 20 WHEREAS, Federal National Mortgage Association has 21 requested that the City of Virginia Beach grant an easement for a 22 period of forty (40) years for ingress and egress over and across 23 that strip of land designated and described as 11151 ingress/egress 24 easement" as said easement is configured upon the above-referenced 25 survey; and 26 WHEREAS, Federal National Mortgage Association will hold 27 the City of Virginia Beach harmless for any damages to property or 28 injuries to persons which may arise from or be incident to the use 29 and occupation of the said easement area. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 31 THE CITY OF VIRGINIA BEACH, VIRGINIA: 32 That the City Manager is authorized and directed to 33 execute a deed of easement granting an easement to Federal 34 National Mortgage Association, a corporation organized under an 35 act of Congress and existing pursuant to the Federal National 36 Mortgage Association Charter Act, for a period of forty (40) years 37 for ingress and egress over and across that strip of land 38 designated and described as 11151 ingress/egress easement" as said 39 easement is configured upon the above-referenced survey, and for 40 no other purpose. 41 Adopted by the council of the City of Virginia Beach, 42 Virginia, on the 18 day of September 1989. 43 JAS/jls 44 09/13/89 45 CA-3468 46 \ordin\noncode\fnma.ord ARPROVED AS TO CON @SIGNATURE L-@ DEPARTMENT APPROVED AS TO LEGAL s AND 1q. s - %.@i(Y@TT-' 09/03/89 11-54 804 497 0250 PHR&A,I. V. B.h 0 4 w V) us U. C4 co cli I z z 'WO) O z 0 c (L x z w z 0 iE 4.1 E g 2 c ix - a It 0 0 'Od o 0 Cldo:) w IL w z w U. te 0 0 z ce M/8 .09 '3AV NV3EISIhIVO M.00. LO P4 La .001 La iE* :dx Ct) (n w ti -C w p 45 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made this 10th day of August, 1989 by and between the City of Virginia Beach, Virginia, a municipal corporation of the Commonwealth of Virginia, (the "City") the first party and Federal National Nortgage Association, a corporation organized under an Act of Congress and existing pursuant to the Federal National Mortgage Association Charter Act, ("FNMA"), the second party, whose address is: 950 East Paces Ferry Road, Suite 1900, Atlanta, Georgia 30326-1161 W I T N E S S E T H WHEREAS, FNMA is the owner in fee simple of certain real property located in the City of Virginia Beach, Virginia, and known, numbered and designated as Lots 24 and 26, in Block No. 52 as shown on that certain plat entitled, "Map of Shadowlawn Heights" (the "Property"), duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Map Book 7, at Page 14 by virtue of a d6ed from Standard Federal Savings Bank, formerly Standard Federal Savina.s and Loan Association, dated June 10, GUY, CFtOMWELt, BETZ & LUSTIG, P.C, 1989 which deed is intended to be recorded iyl the Clerk's Office immediAtely prior hereto; and WHEREAS, the City is the owner in fee simple of certain real property designated and described as "unnui.-ibered lot and/or Block from Plat as shown on that survey entitled "PROP. ESMT. FOR LOTS 24 & 26, BLOCK 52, MAP OF SIFADOWLAWN HEIGHTS, VIRGINIA BEACII, VA. PRINCESS ANNE COUNTY", made by PHR&A, a Professional Corporation, dated July 27, 1989 a copy of which survey is marked Exhibit A, attached hereto and made a part hereof; and WliEREAS there is not presently in existence a recorded easement from the City of Virginia Beach to the owner of Lots 24 and 26 granting ingress and egress across the above referenced real property to said lots from Norfolk Avenue; and WHEREAS it is the intent and desire of the parties hereto to establish sucli an easement for the benefit of FNMA as present owner of the Property so that FNMA will have Marketable, insurable fee simple title to the property. NOW, THEREFORE, WITNESSETTI: that, for and in consideration of the premises and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby covenant and agree as follows: GUY, CROMWELL. BETZ & LUSTIG, P.C. T L- I That City does hereby grant and convey to FNMA, its successors and assi@.ns, an --asement granted for a period of forty (40) years for ingress and e@.ress over and across that strip of land designated and described as "15' Ingress/Egress Easement" (the "Easement") as said easement is confio.ured upon attached Exhibit A. In the event, however, that FNMA or its successors or assigns should -@tbandon the easement such party warrants that, if reqiiested to do so by the City, it will remove any improvements made by it to the property and restore the premises to its original condition. 2. The City expressly reserves unto itself and its assigiiees the ri-ht to construct, operate, maintain and repair sanitary and drainage pipes, lines, and/or conduits over, under and across the easement area but linited to the extent that no use shall be made of the easem.ent by tlie City which sliall interfere or be inconsistent with the easement granted herein. The City, however, expressly reserves the right to utilize the easement area for future street and highway purposes. 3. After completion of the installation of and/or maintenance of sanitary and/or drainage pipes or lines the City shall, at its expense, restore the easement area as neatly as possible to its original condition. Such restoration shall include the backfilling of trenches, regrading to original GUY, CROMWEL@ BETZ & LUSTIG, P.C. contours and resee'ding of laws or grass areas. T 4. There is presently a gravel drive wholly contained within the Easement area. The parties hereto do hereby agree that FNMA, its successors and assigns shall maintain the -.ravel drive in its present configuration but there shall be no I obligation nor shall this easement agreement be deemed to impose an obligation upon FNMA, its successors and assigns to pave or otherwise make improvements upon the gravel drive presently in existence. 5. The city shall not be responsible for: Any dama-.es to property or injuries to persons that may arise from or be incident to the use and occupation of the said easement area; for any injuries to any other p6r sons or their property on said easement area at the invitation of FNMA, its successors or assigns; and FNMA, its successors or assigns, shall hold the City harmless from any and all such dlaims. Additionally, the City shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the construction, maintenance, and use of the easement or any improvements located thereon. 6. FNMA, its successors and assigns COVENANT to maintain the easement area in -.ood repair so that no unreasonable damages will result from its use to the adjacent land of the City, its successors and assigns. GUY. CROMWELL, BETZ & LUSTIG, P.C. 7 This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors in title and assigns. 81 This Easement Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. WITNESS the following signatures and seals this day of August, 1989 T: FEDERAL NATIONAL MORTGAGE @/ !9@ /- ASS stant Secretary By:o 6) (SEAL) Authorized Officer STATE OF GEORGIA, COUNTY OF FULTON, to-wit: The foregoing instrument was acknowledged before me this loi-b day Of Al, gl,.q t-11989 by Plpanor P. Fvang I Vice President of Federal National Mortgage Corporation, on the corporation's behalf. my commission expires: My Commission Expires Jan. 12.1991 GUY. CROMWE L@ BETZ & LUSTIG, P.C. .-..Yl AT 1- CITY OF VIRGINIA BEACH Bv: City Manager ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACII, to-wit- Subscribed and sworn to before me this day of September, 1989 by City Mana-.er, City of Virginia Beach, Vir-.inia. NOTARY PUBLIC My Commission Expires: GUY, CROMWELL, BETZ & LUSTIG, Pr- - 35 - Item III-G.4 CONSENT AGENDA ITEM # 31828 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE State Grant Funds to the FY 1989-90 Library Department Operating Budget: $13,967 LSCA Title I Subregional Grant for the Blind $ 1,832 LSCA Large Print/Recorded Books Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum", Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. lfenley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry" and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye 1 AN OPDINANCE TO ACCEPT AND APPROPRIATE 2 $13,967 IN STATE GRANT FUNDING TO THE PY1989-90 3 OPMZATING BUDGET OF THE LIBRARY DEPARTMENT 4 WHEREAS, the Libraries Services and Construction Act (LSCA), 5 Title I, provides the opportunity f or state funding of certain 6 programs by means of special grants; 7 WHMZEAS, the Library Department has applied for the LSCA Title 8 I Subregional Library For The Blind Grant; 9 WHEREAS, the state has accepted the application and approved 10 grant funding for the LibrarY Department program in the amount of 11 $13,967. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 That funds in the amount of $13,967 made available by the 15 Subregional Library For The Blind Grant be accepted and 16 appropriated to the FY1989-90 Operating Budget of the Library 17 Departinent, with a corresponding increase in estiinated revenues. 18 This ordinance shall be in effect froin the date of its 19 adoption. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 18 day of September 1989. 22 First Reading: September 11, 1989 23 Second Read-ing: September 18, 1989"@ APP(ZOVED AS TO LEGAL SUFF,CIENCY I AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1,832 IN STATE GRANT FUNDING TO THE PY1989-90 3 OPERATING BUDGET OF THE LIBRARY DEPAR 4 WHERFAS, the Libraries Services and Construction Act (LSCA), 5 Title I, provides the opportunity f or state funding of certain 6 programs by means of special grants; 7 WHEREAS, the Library Department has applied for the LSCA Title 8 I Large Print/Recorded Books Grant; 9 WHEREAS, the state has accepted the application and approved 10 grant funding for the Library Department program in the amount of 11 $1,832. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 That funds in the amount of $1,832 made available by the Large 15 Print/Recorded BookS Grant be accepted and appropriated to the 16 FY1989-90 Operating BUdget of the Library Department, with a 17 corresponding increase in estimated revenues. 18 This ordinance shall be in effect from the date of its 19 adoption. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 18 day of September 1989. 22 First Reading: September 11, 1989 23 Second Reading. September 18, 1989 'APPROVED AS T6 LEGAL SUFFICIENCY - 36 - Item III-G.5 CONSENT AGENDA ITEM # 31829 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED upon FIRST READING: Ordinance to APPROPRIATE $160,000 to the Department of Mental Health/Mental Retardation and Substance Abuse for enhancements to Departmental operations. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum*, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye AN ORDINANCE TO APPROPRIATE $160,000 TO 1 THE DEPARTMENT OF MENTAL HEALTH/MENTAL 2 RETARDATION AND SUBSTANCE ABUSE FOR 3 ENHANCEMENTS TO DEPARTMENTAL OPERATIONS 4 5 6 WHEREAS, the state Department of Mental Health, Mental Retardation and 7 Substance Abuse Services has provided additional funds in FY 89-90 for pilot 8 programs across the state and for incentive programs for diversion of clients 9 frOM Btate hospitals; 10 WHEREAS, the City of Virginia Beach Department of Mental Health, Mental 11 Retardation and Substance Abuse has applied for and been granted funds for Mental 12 Health service enhancements, Management Information Services enhancements, and 13 hospital diversion activities; 14 WHEREAS, these additional funds from the state require no additional local is matching funds; 16 WHEREAS, these funds will be used to enhance existing services and to 17 implement an intensive case management service program, requiring two (2) 18 additional full time permanent positions; 19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA: 21 That funds in the amount of $160,000 be appropriated to the Mental Health/ 22 Mental Retardation and Substance Abuse Fund for FY 89-90 and that revenue from 23 the Commonwealth be increased by $160,000 and that two (2.0) additional full 24 time permanent positions be authorized for case management. 25 Adopted by the Council of the City of Virginia Beach, Virginia on the 26 day of 1989. 27 28 First Readina September 18, 1989 29 Second Reading 30 31 APPROVED AS TO 32 LEGAL SUFFICIENCY 33 - 37 - Item III-G.6 CONSENT AGENDA ITEM # 31830 The City Manager advised Councilman Perry the same level of service would be maintained as in the past. It is simply a different accounting mechanism. Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council ADOPTED: Ordinance to DECREASE appropriations by $185,000 to offset a reduction in estimated revenue for obstetrical services; and, to authorize the City Manager to enter into a Contract for obstetrical services. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council @lembers Voting Nay: None Council Members Absent: John A. Baum and Harold Heischober I AN ORDINANCE TO DECREASE APPROPRIATIONS BY $185,000 TO OFFSET 2 A REDUCTION IN ESTIMATED REVENUE FOR OBSTETRICAL SERVICES 3 AND TO AUTHORIZE THE CITY MANAGER TO 4 ENTER INTO A CONTRACT FOR OBSTETRICAL SERVICES 5 6 7 WHEREAS, the City of Virginia Beach has provided for obstetrical 8 services for low and moderate income residents through a contract with private 9 physicians for the pabt four years, 10 11 WHEREAS, rising costs of medical service and increabing services per 12 patient led the physicians under contract to request a substantial increase in 13 payment for serviceb provided for FY 89-90, 14 15 WHEREAS, city staff, in negotiations with the physicians, determined 16 that the increased costs could best be met by increasing actual contract 17 payments by $9,900, and allowing the phybicians to collect Medicaid revenue 18 estimated at $185,000 which waB previously collected by the City, 19 20 WHEREAS, the transfer of Medicaid billing to the pbybicians will reduce 21 the need for a clerical position within the Health Department for such 22 billing, 23 24 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA, that the Reserve for Contingencies be reduced by $185,000 and 26 that FY 89-90 Estimated Revenue from the Federal Government for Medicaid be 27 reduced by $185,000, 28 29 BE IT FURTHER ORDAINED that the personnel complement of the Health 30 Department be reduced by one full time permanent position, with necessary 31 action to place the incumbent in another appropriate City position, 32 33 BE IT FURTHER ORDAINED that the City Manager be authorized to enter into 34 a contract for obstetrical services for residents of the City. 35 36 This ordinance shall be effective from the date of its adoption. 37 38 Adopted by the Council of the city of Virginia eac , V rginia on the 39 18th day of September, 1989. APP1/21OVFI) AS TO L@.r,AL SU;FICIENCY -e - 38 - Item III-G.7 CONSENT AGENDA ITEM # 31831 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED: LOW BIDS: CONTRACTORS PAVING General Booth Boulevard $4,264,847.06 COMPANY, INC. Phase II (CIP 2-910) MEREDITH AND DRAKE Bow Creek Recreation $2,811,104.00 Center (CIP 4-926) ASPHALT ROADS & 1989-90 Bituminous $ 822,520.00 MATERTALS CO., INC. Concrete Maintenance Schedule - Contract TI S. B. BALLARD Boardwalk Revitalization/ $ 487,800.00 CONSTRUCTION, TNC. Oceanfront Connector Parks Phase III-S (CIP 2-048/2-066) CONTRACTORS PAVING 1989-90 Bituminous $ 251,750.15 COMPANY, TNC. Concrete Profile and Resurfacing Schedule, Contract T DOREY ELECTRTC COMPANY Traffic Signal $ 42,217.35 Rosemont Road/Dahlia Drive (CTP 2-816) Councilman Moss had requested, as the CIP projects come in for acceptance of bids, et cetera, the cost estimate of the CIP should be advised. If same comes in on a program amount, where the dollar went and be advised if some form of reprogramming action takes place shortly thereafter, so that Council can keep an account of where the funds are being expended and have some ability to influence that reallocation process. A mechanism should be devised for identifying the accumulation of those program savings. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum", Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. @IcClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 39 - Item III-H.I. APPOINTMENTS ITEM # 31832 ADD-ON Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED: PUBLIC LIBRARY BOARD Betty Lu Bridges (Unexpired term thru 8/31/90) Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum and Harold Heischober - 40 - Item III-H.2. UNFINISI]ED BUSINESS ITEM # 31833 ADD-ON Upon motion by Coucilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution continuing the appointment of Kevin J. Cosgrove, Acting City Attorney, through October 30, 1989. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum and Harold Heischober I 1 RESOLUTION CONTINUING THE APPOINTMENT OF AN 2 ACTING CITY ATTORNEY 3 WHEREAS, City Council is in the process of selecting a 4 new City Attorney for the City of Virginia Beach; 5 WHEREAS, City Council is of the opinion that it would be 6 appropriate to extend the appointment of the ACting City Attorney 7 while the selection process is underway. 8 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That Kevin J. Cosgrove's appointment aS ACting City 11 Attorney which expires September 30, 1989, be extended up to and 12 including October 30, 1989. 13 Adopted by the Council of the City of Virginia Beach, Virginia 14 on - 18 day of September 1989. 15 KJC/ccm 16 09/18/89 17 CA-3491 18 ACA-2.RES - 41 - Item TII-I.l. NEW BUSINESS ITEM # 31834 Donald Kyle, resident of 3716 North Landstown Road, Member of Landstown Home Owners Association and the Southeastern Expressway Advisory Group (SECAG) which is comprised of homeowners in Virginia Beach and Chesapeake. The Location PUBLIC HEARINGS for the SOUTHEASTERN EXPRESSWAY will be held at the Virginia Beach Pavilion (September 25-26, 189) and Chesapeake Holiday Inn (September 27-28, 1989). All interested citizens and organizations can comment on the Corridor Study process and the alternatives being considered. These comments along with the Resolution from the Cities of Virginia Beach and Chesapeake will be reviewed by the VDOT staff and presented to the Commonwealth Transportation Board for their final selection of the preferred alternative. Donald Kyle expresed disappointi@qent during the City Council Meeting of August 28, 1989. The citizens had expected a full presentation by VDOT relative the SOUTHEASTERN EXPRESSWAY; however, there was only discussion concerning the scheduled dates of the Planning Review Process and Public Hearings. This SOUTHEASTERN EXPRESSWAY project was requested by the City of Virignia Beach in 1983. The majority of the private citizens became aware of this project in January 1988. SECAG had proposed two possible routes in Chesapeake and Virginia Beach. SECAG was informed because of engineering and conflicting problems with already planned roads, i.e, Ferrell Parkway, neither route could be utilized. Donald Kyle requested that before the City Council considers a Resolution to be forwarded to the Commonwealth Transportation Board, same be made public. Donald Kyle referenced the August 30, 1989, Editoral in the BEACON concerning studies by VDOT and posing questions as to whether the road is really needed and who stands to benefit from its construction. The study does not address any funding. Donald Kyle referenced the DRAFT ENVIRONMENTAL IMPACT STATMENT & SECTION 4(f) EVALUATION of the SOUTHEASTERN EXPRESSWAY. On Page 8-53, a partial listing of meetings held throughout the study process for the SOUTHEASTERN EXPRESSWAY is listed. The December 1987 meeting is omitted. The City Manager will advise all members of City Council identifying the process and the proposed Public Hearing relative City Council's Resolution. - 42 - Item III-1.2. NEW BUSINESS TTEM # 31835 Upon motion by Vice Mayor Fentress, seconded by Cuncilman Balko, City Council CANCELLED: CITY COUNCIL SESSION MONDAY, NOVEKBER 27, 1989 (66th Annual National League of Cities Conference) The Planning Items will be combined with the Administrative Items on the November 20, 1989 City Council Agenda. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. @IcClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum and Harold Heischober - 43 - Item III-J.1. RECESS INTO EXECUTIVE SESSION ITEM # 31836 In accordance with Section 2. 1-344, Code of Virginia as amended, and upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council RECESSED the FORMAL SESSION to RECONVENE into EXECUTIVE SESSION following the SPECIAL SESSION, Tuesday, September 19, 1989, in the Conference Room, City Hall Building, for discussion of a Personnel Matter (6:48 P.M.) Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum and Harold Heischober - 44 - September 19, 1989 Mayor Meyera E. Oberndorf RECONVENED the September 18, 1989, F'ORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, September 19, 1989, at 12:45 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Reba S. McClanan, Nancy K. Parker and John L. Perry Council Members Absent and Excused: John D. Moss and William D. Sessoms, Jr. - 45 - Item T.B. ITFIT # 31837 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTTVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1- 344(A)(1). (1) Council appointed COMMTSSION TO REVIEW MATTERS REIATING TO THE EVENTS OF LABOR DAY WEEKEND. Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSTON. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, Harold Heischober, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John D. Moss and William D. Sessoms, Jr. - 46 - Item I.C. Mayor Meyera E. Oberndorf called to order the RECONVENED FORMAL SESSION of September Eighteenth in the Council Conference Room, City Hall Building, on Tuesday, September 19, 1989, for the purpose of certifying to the Executive Session held this date, after which to adjourn. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Reba S. McClanan, Nancy K. Parker and John L. Perry Council Members Absent and Excused: John D. Moss and William D. Sessoms, Jr. - 47 - Item I.D. CERTIFICATION OF EXECUTIVE SESSION ITEM # 31838 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, Harold Heischober, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John D. Moss and William D. Sessoms, Jr. CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREF'ORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. MOTION; Upon motion by Vice @layor Fentress, seconded by Councilman Heischober, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344(A) (1). (1) Council appointed COMMISSION TO REVIEW MATTERS RELATING TO THE EVENTS OF LABOR DAY WEEKEND. VOTE: 9-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert E. None Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members ABSTAINING: Council Members ABSENT for the Vote: None John D. Moss and William D. Sessoms Council Members ABSENT for the Meeting: John D. Moss and William D. Sessoms, Jr. Ru'th Hodges Smith, CMC/AAE City Clerk - 48 - Item I.E. ADJOURNMENT ITEM # 31839 Upon motion by Councilman Balko and BY CONSENSUS, City Council ADJOURNED the Meeting at 1:48 P.M. Bever 0. Hooks Chief Deputy City Clerk R@th Hodgeg Smith, CMC Myer. City Clerk Mayor City of Virginia Beach Virginia - 48 - Item I.E. ADJOURNMENT ITEM # 31839 Upon motion by Councilman Balko and BY CONSENSUS, City Council ADJOURNE~ the Meeting at 1:48 P.M. Bever~ O. Hooks Chief Deputy City Clerk R~th Hodgef Smith, ChiC City Clerk Meyera ~. O-bern~d~°rf ~ Mayor City of Virginia Beach Virginia September 19, 1989