HomeMy WebLinkAboutAPRIL 10, 1989
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"WORLD'S LARGEST RESORT CITY"
CrrY COUNCIL
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JOHN I MUM, B@--
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JOHN L. PEMY,
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281 CffY HAU BUILDING
MU141CIPAL CENTER
M.- CITY COUNCIL AGENDA VIRGINIA L;EACH, VIRGINIA 23456-9002
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RUTH HO@ES Ci@ C@k
APRIL 10, 1989
ITEM 1. CITY COUNCIL WORKSHOP Conference Room 10:30 AM
A. FY 1989-1990 OPERATFNG BUDGET
1. SCHOOL BUDGET
ITEM 11. COUNCIL CONFERENCE SESSION Conference Room 12:30 PM
A. CITY COUNCIL CONCERNS
ITEM 111. INFORMAL SESSION Conference Room 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Ob,,,d,rf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION Council Chamber 2:00 pm
A. INVOCATION: Reverend Andrew W. Ballentine, Jr.
Emmanuel Lutheran Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - April 3, 1989
E. PUBLIC HEARING
1. PLANNING
a. Petition of PASQUALE F. DIVITO tor the discontinuance, closure
and abandonment of a portion of Page Avenue beginning at the
Western boundary of Jade Avenue and running in an easterly
direction a distance of 344.16 feet, said parcel being 60 feet
in width and containing 19,783 square feet (LYNNHAVEN BOROUGH).
Recommendation: WITHDRAWAL
b. Application of NAGINDER S. DHILLON for a Variance to Section
4.4(d) of the Subdivision Ordinance which requires all lots
created by subdivision to have direct access to a public street
(3542 Glen Arden Road) (KEMPSVILLE BOROUGH).
Recommendation: WITHDRAWAL
c. Ordinance for the discontinuance, closure and abandonment of
the following portions of Thompkins Lane, containing 17,648
square feet, in the petition of SIGNET ENTERPRISES, LTD.
(KEMPSVILLE BOROUGH):
1. Parcel 1: Beginning 250 feet more or less North of
Thompkins Court, running a distance of 102.66 feet in an
Easterly direction and running a distance of 125.86 feet in
a Northerly direction;
2. Parcel 2: Beginning 190.72 feet South of the intersection
of Thompkins Lane and E. Goodview Drive and running a
distance of 612.81 feet in a Southerly direction.
Approved October 10, 1988, subject to cornpliance in 180 days.
Recommendation: FINAL APPROVAL
d. Ordinance for the discontinuance, closure and abandonment of a
portion of Holly Avenue beginning at the Western boundary of N.
Great Neck Road and running Easterly a distance of 150.47 feet,
containing 3773.78 square feet, in the petition of CHESAPEAKE
AND POTOMAC TELEPHONE COMPANY OF VIRGINIA, INC. (LYNNHAVEN
BOROUGH).
Approved October 10, 1988, subject to compliance in 180 days.
Recommendation: DEFER ADDITIONAL 180 DAYS
e. Ordinance 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, in
the petition of ROBERT J. RUHL/DEPARTMENT OF ECONOMIC
DEVELOPMENT (BAYSIDE BOROUGH).
Approved October 10, 1988, subject to compliance in 180 days.
Recommendation: DEFER ADDITIONAL 180 DAYS
f. Application of TALC ASSOCIATES for a Conditional Use Pennit for
a mini-storage facility on the North side of Newtown Road, West
of Broad Wadows Boulevard (909 Newtown Road), containing
1.1 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
g. Application of P.H.P ASSOCIATES, a Virginia General
Partnership, for a Conditional Use Permit for mini-warehouses
on the South side of North Witchduck Road, 475 feet West of
Jacqueline Avenue (636 @rth Witchduck Road), containing
1.7669 acres (BAYSIDE BOROUGH).
Recornmendation: APPROVAL
h. Application of LEBO ENTERPRISES, INC., T/A A-1 AUTO REPAIR, for
a Conditional Use Permit for an automobile repair establishment
on the West side of First Colonial Road 530 feet more or less
North of Southern Boulevard (135 First Colonial Road),
containing 9626.76 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
i. Application of MICHAEL D. SIFEN, INC. for a Conditional Use
Perrnit for mini-storage on the South side of Shell Road, 192
feet West of Bradford Road (4929 Shell Road), containing
2.7 acres (BAYSIDE BOROUGH).
Recornmendation: APPROVAL
j. Applications re Southwest intersection of Greenwich Road and
Ballard Court (BAYSIDE BOROUGH):
GREENWICH CENTER ASSOCIATES for a Variance to Sections 4.1(f)
and 4.4(b) of the Subdivision Ordinance which, respectively,
prohibits lots created by subdivision to reserve strips of
property for controlling sole access to public streets; and,
requires all lots created by subdivision to meet all
requirements of the Zoning Ordinance;
AND,
MOTEL 6 for a Conditional Use Permit for a motel, containing
1.64 acres.
Recommendation: APPROVAL BOTH APPLICATIONS
k. Applications of SENTARA HEALTH SYSTEM:
1. For Change of Zoning District Classifications;
From B-2 Community Business District to 0-2 Office District
at the Southeast corner of Holland Road and Windsor Oaks
Boulevard Proposed, containing 3.5 acres;
From A-12 Apartment District to 0-2 Office District on:
(a) PARCEL I On the South side of Fbl land Road
beginning at a point 400 feet more or less East
of Windsor Oaks Boulevard Proposed; and,
(b) PARCEL 2: On the East side of Windsor Oaks
Boulevard Proposed beginning at a point 1350
feet more or less South of Holland Road.
Said Parcels containing 13.8 acres;
AND,
From R-7.5 Residential District to 0-2 Office District on
the East side of Windsor Oak@ulevard Proposed beginning
at a point 700 feet more or less South of Hol land Road,
containing 12.6 acres;
AND,
2. For a Gonditional Use Permit for a hospital and nursing
home at the Southeast corner of Hol land Road and Windsor
Oaks Boulevard Proposed, containing 39.9 acres.
Recommendation: APPROVAL
1. ATnendment to the Master Street and Highway Plan in the General
Booth - Dam Neck - London Bridge areas.
Recommendation: APPROVAL
F. ORDINANCE
1. Ordinance to AMEND and REORDAIN Article VIII of Chapter 6,
Sections 6-161, 6-162, 6-163 and 6-164 of the Code of the City of
Virginia Beach, Virginia, and ADDING Section 6-165 re Virginia
Beach Erosion Commission.
G. CONSENT AGENDA
Al I matters I isted under the Consent Agenda are considered in the
ordinary course of business by City C)Ounci I and wi I I be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it wi I I be discussed and voted upon separately.
1. Ordinance upon SECOND READING to APPROPRIATE $375,000 for loan
reservation; and, authorizing the City Manager to execute an
agreement with the Virginia Department of Flousing and Community
Development for a Single Famify Rehabilitation and Energy
Conservation Loan Program.
2. Ordinance upon SECOND READING to APPROPRIATE $126,000 in Community
Development EXCESS program income f unds to the Comunity
Development housing loan and grant fund; and, to AMEND the
Community Development Block Grant 14th Year Final Statement of
Objectives.
3. Ordinance upon SECOND READING to INCREASE APPROPRIATIONS by
$694,700 for foster care services and revenue from the Commonwealth
in the Department of Social Services.
4. Ordinance upon SECOND READING to ACCEPT and APPROPRIATE $34,000
from the U.S. Department of Housing and Urban Development for
homeless assistance activities; and, to authorize the City Manager
to execute agreements regarding such funds.
5. Low Bid to Dorey Electric in the amount of $17,165.50 for a traffic
signal at the Intersection of Princess Anne Road and Seaboard Road
(CIP 2-098).
H. UNFINISHED BUSINESS
1. NEW BUSINESS
J. ADJOURNMENT
FY 1989-1990 OPERATING BUDGET SCHEDULE
APRIL 17, 1989
11:00 AM - 1:00 PM
CITY COUNCIL WORKSHOP - CITY BUDGET
APRIL 18, 1989
7:00 PM
PUBLIC HEARING - FY 1989-1990 OPERATING BUDGET
Princess Anne High School
APRIL 24, 1989
3:00 PM - 5:00 PM
CITY COUNCIL WORKSHOP
FY 1989-1990 OPERATING BUDGET
APRIL 25, 1989
7:00 PM
PUBLIC HEARING
FY 1989-1990 OPERATING BUDGET
(Pav i I i on - Meet i ng Roorns)
MAY 1, 1989
11:00 AM - 1:00 PM
RECONCILIATION WORKSHOP
FY 1989-1990 OPERATING BUDGET
MAY 8, 1989
2:00 PM
PUBLIC HEARING AND FIRST READING
APPROPRIATION ORDINANCE
FY 1989-1990 OPERATING BUDGET
(Formal City Council Session)
MAY 15, 1989
2:00 PM
SECOND READING AND ADOPTION BY CITY COUNCIL
FY 1989-1990 OPERATING BUDGET
(Formal City Council Session)
(Al I other Sessions wi I I be in accordance with the City Code)
7
Item IV-D.l.
MINUTES ITEM 31069
Upon motion by Councilman Sessoms, seconded by Vice imayor Fentress, City
Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of the City
Council Nleeting of April 10, 1989, as DEFINED:
Page 27, ITEM # 31051
The following comments shall be DEFINED to
correctly read:
@!eE31ftitell if!i5l4e4 C!4@! roeer,
'gite is BBy 4-H@ CA@@'gr pf "R& @@crig
Bridse Road tiiat hag been femayed.
p4eG!Oftatt t;hlo IBQP r:40wlj bp
ekenged tao Fegleet @he pfebefit Fou4ie of I-en@dOI4
B@idg@ R@.d.
Councilwoman McClanan wished the record to reflect
she is not in favor of removing that Section of
London Bridge Road between Shipps Corner Road and
Dam Neck Road (indicated in paragraph 2 of
Amendment 4).
Councilwoman McClanan believed the map should be
changed to reflect the present route of London
Bridge Road as selected by the City Council.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice 14ayor Robert E.
Fentress, Harold Heischober, Barbara il. Henley, Reba
S. McClanan, John D. ?,ioss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 10, 1989
The JOINT VIRGINIA BEACH CITY COUNCIL/SCHOOL BOARD FY 1989-1990 OPERATING
BUDGET WORKSHOP was called to order by Mayor Meyera E. Oberndorf in the
Conference Room, City Hall Building, on Monday, April 10, 1989, at 10:30 A.M.
Council Members Present:
Albert W. Balko, Vice Mayor 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 Absent:
John A. Baum (ENTERED: 10:35 A.M.)
Reba S. McClanan (ENTERED: 10:33 A.M.)
School Board @lembers Present:
John A. Fahey, Chairman James N. Fletcher, Gerald G.
Gibbs, M. Boyd Jones, Samuel W. Meekins, Greg N.
Stillman and Floyd E. Taylor
School Board Members Absent:
Robert W. Clyburn, Robert W. Hall, Dr. Ulysses. V.
Spiva and Laura M. Tebault
- 2 -
C 0 N C E R N S 0 F T H E M A Y 0 R
Item # 31026
Mayor Oberndorf acknowledged with appreciation receipt of the Novel: "Golden
Goals, Rusted Realities" (Work and Aging in America). Copies of same were
presented by Sam Houston to each Member of City Council. Sam Houston during the
years 1983, 1985 and 1987 was elected to serve on the Silver Haired Legislature
by Governors Robb and Baliles. Mayor Oberndorf will forward a letter on behalf
of City Council expressing their gratitude.
- 3 -
C IT Y C 0 UN C I L C ON C E R N S
Item # 31027
Councilman Baum referenced the article entitled: "CRACKDOWN SET ON DESTROYERS
OF WETLANDS", published in the Raleigh, North Carolina,News and Oberserver an
April 1, 1989. Copies of this article were distributed in City Council's
agenda package. Councilman Baum inquired as to the scope of the jurisdiction of
the local Army Corps of Engineers.
Councilman Baum had property appraised by the City right on the GREEN LINE at
$20-30,000 an acre. If only tii,.ber is allowed to be grown, it is worth only
$200-300 an acre. Councilman Baum requested an explanation of "mitigating
highways".
The City Manager advised representatives of the Army Corps of Engineers and
State Water Control Board shall be present at a Briefing relative specifics
concerning regulating wetlands. The BRIEFING will be SCHEDULED for the City
Council Agenda of April 17, 1989.
Councilman Baum inquired relative the metliod such an act can be legally
challenged that calls us to set aside Chesapeake Bay Preservation areas that do
not drain into the Chesapeake.
Councilwoman Henley advised responsible steps should be taken utilizing the
land in the watershed that we are draining. This is one reason for the
extensive planning process. The City Council has been made to look like foolish
individuals just throwing money around when the purpose is to make sure the
land use developed in areas that are environmentally sensitive is responsible
but at the same time allows for some kind of reasonable consideration to
property values of those people who are going to have these regulations
imposed. The City Council's whole purpose has been ridiculed by cartoons as
well as editorials in a certain news publication discrediting the City
Council's endeavors and not reflecting the City Council's indepth studies.
Councilwoman Parker advised her membership on the Local Government Advisory
Committee was a totally different entity from the Chesapeake Bay Preservation
Act and she was not aware of any of this inforrnation.
Councilman Balko advised the City's Public Relations representatives should
televise a story examining the land useage with involvement by the various
State representatives so citizens are fully aware of the issues. Video-tapes
could be available for those residents below the GREENLINE who do not have
CABLE. Councilman Balko gave the reporter from THE BEACON a copy of the article
distributed by Councilman Baum.
At the City Council Session of April Third, Councilman Sessoms had referenced
the possibility of performing an environmental impact assessment before the
purchase of land. Councilman Sessoms believed the issue relative WETLANDS
should be addressed so all will be fully aware.
Item # 31028
Councilwoman Henley distributed a copy of the DAILY PRESS article dated March
Twenty-eight concerning land use concerns in James City County. Said article is
hereby made a part of the record.
Mayor Oberndorf advised the Editors of the DAILY PRESS had inquired concerning
the City's research of Growth Management policies.
Jack Whitney had received an inquiry from the Attorney General's Office in
Pennsylvania requesting a copy of City Council's TRANSFER OF DEVELOPMENT RIGHTS
Brochure for utilizing in a research paper.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N
Item # 31029
Councilman Perry referenced eight years ago he came before City Council
requesting a trailer be replaced in Reedtown which a storm had destroyed. An
owner of a trailer camp presented a new trailer as a gift. Last week, a storm
again collapsed the trailer. It almost killed the owner and children.
Councilman Perry requested a new trailer be moved there.
The City Manager will prepare information relative same after specifics
relative the zoning are derived. Temporary housing will be made available
through Community Development and Housing Authority.
Item # 31030
Councilman Perry referenced a complete history on GRACETOWN detailing in 1980
when Langley and McDonald designed certain parts of GRACETOWN. A copy of this
book was provided the City Manager.
Councilwoman Henley advised the project would have been done as designed;
however, neighbors had requested it be redesigned two years ago to add two
additional streets from Independence Boulevard.
Councilman Perry referenced the City Staff had advised it was dangerous for
individuals to come off Smokey Lane and turn right on Independence.
Item # 31031
Councilman Perry distributed a copy of the article entitled PUNPED SEPTICS from
the May 1989, issue of POPULAR SCIENCE. (Said article is hereby made a part of
record.) Improved waste-water systems distribute effluent from septic tanks
over a wide are preventing contamination of drinking water.
Item # 31032
Councilman Moss again referenced his request of last week. Basically the City
has advised in the year 2010, Service Level C in most of the major
intersections will exist. How does the City go about relating rezonings and
traffic counts to either enhancements or degradations to those service levels?
The staff has advised if this was a top priority, it would entail approximately
90 to 120 days in-house. The City Council might wish to consider establishing
a requirement at some threshold of acreage levels. Such a study would have to
be performed by the developer or potential applicant of a rezoning request.
Councilman Moss requested the City Staff prepare a spectrum of possible
concepts for further investigation.
ITEM # 31033
Councilman Heischober referenced requests from residents and a proposed
Resolution concerning Lake Joyce to be SCHEDULED for the City Council Meeting
of April 17, 1989. This Resolution would encourage fisherman to release fish
as it appears it cannot be a mandatory situation to designate Lake Joyce a
"catch-and-release Lake". The residents will then have some appropriate signs
erected to encourage same.
ITEM # 31034
Councilman Baum referenced the maps accompanying Planning Items. A vicinity map
is needed. Councilwoman McClanan also referenced the poor quality of the maps.
To be provided a better picture of the application, Councilwoman McClanan must
request additional maps weekly from Kathleen D. Hassen, Executive Assistant for
Community Affairs.
- 5 -
ITFYi # 31035
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, April 10, 1989, at 1:05 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
- 6 -
ITEM # 31036
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTM SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELJ) PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress,
City Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
April 10, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
April 10, 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 Andrew W. Ballentine, Jr.
Emmanuel Lutheran Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
8
Item IV-D.I.
MINUTES ITEM 31037
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council
APPROVED the MINUTES of the INFIORMAL AND FORMAL SESSIONS of April 3, 1989
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
9
Item IV-E.
PUBLIC HEARING ITF2,1 31038
Mayor Meyera E. Oberndorf DECLARED a PUBLIC ffEARING on:
PLANNING
(a) PASQUALE F. DIVITO STREET CLOSURE
(b) NAGINDER S. DHILLON VARIANCE
(c) SIGNET ENTERPRISES, LTD. STREET CLDSURE
(d) C & P TELEPHONE COMPANY OF STREET CLOSURE
VIRGINIA, INC.
(e) ROBERT J. RUHL/ STREET CLOSURE
DEPARTMENT OF ECONOMIC DEVELOPMENT
(f) TALC ASSOCIATES CONDITIONAL USE PERMIT
(g) P.H.P ASSOCIATES CONDITIONAL USE PERMIT
(h) LEBO ENTERPRISES, INC. CONDITIONAL USE PERMIT
T/A A-1 AUTO REPAIR
(i) MICHAEL D. SIFEN, INC. CONDITIONAL USE PERMIT
(j) GREENWICH CENTER ASSOCIATES VARIANCE
MOTEL 6 CONDITIONAL USE PERMIT
(k) SENTARA HEALTH SYSTEM CHANGES OF ZONING
(1) MASTER STREET & HIGHWAY PLAN AMENDMENT
- 10 -
Item IV-E.l.a.
@oti@ lill@
PURIN@ ITN @ 3103@
Delegate Glenn Croshaw, Phone: 490-6000, represented the applicant and
requested WITHDRAWAL
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of PASQUALE F.
DIVITO for the discontinuance, closure and abandonment of a portion of Page
Avenue:
Application of Pasquale F. DiVito for the
discontinuance, closure and abandonment of a
portion of Page Avenue beginning at the western
boundary of Jade Avenue and running in an easterly
direction a distance of 334.16 feet. Said parcel is
60 feet in width and contains 19,783 square feet.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGII.
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:
- 10 -
Item IV-E.l.a.
PUBLIC HFARING
PLANNING ITEM # 31039
Delegate Glenn Croshaw, Phone: 490-6000, represented the applicant and
requested WITHDRAWAL
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of PASQUALE F.
DIVITO for the discontinuance, closure and abandonment of a portion of Page
Avenue:
Application of Pasquale F. DiVito for the
discontinuance, closure and abandonment of a
portion of Page Avenue beginning at the western
boundary of Jade Avenue and running in an easterly
direction a distance of 334.16 feet. Said parcel is
60 feet in width and contains 19,783 square feet.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGII.
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
Item IV-E.l.b.
PUBLIC HEARING
PIANNING ITEM # 31040
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council
ALLOWED WTTHDRAWAL of the application of NAGINDER S. DHILLION for a Variance to
Section 4.4(d) of the Subdivision Ordinance which requires all lots created by
subdivision to have direct access to a public street.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Naginder S. Dliillion.
Property is located at 3542 Glen Arden Road. 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 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
- 12 -
Item IV-E.l.c.
PUBLIC HEARING
PLANNING ITEM # 31041
Gil Holt, Post Office Box 6186, Phone: 471-4334 (Office), represented the
applicant
OPPOSITION:
Earl H. Russell, 946 Whitehurst Landing Road, Phone: 420-4430
Upon motion by Councilman Moss, seconded by Councilman Perry, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance upon application of SIGNET
ENTERPRISES, LTD. for the discontinuance, closure and abandonment of the
following portions of Thompkins Lane:
Application of Signet Enterprises, Ltd. for the
discontinuance, closure and abandonment of the
following portions of Thompkins Lane:
Parcel 1: Beginning at a point 250 feet more or
less north of Thompkins Court, running a distance
of 102.66 feet in an easterly direction and running
a distance of 125.86 feet in a northerly direction.
Parcel 2: Beginning at a point 190.72 feet south of
the intersection of Thompkins Lane and E. Goodview
Drive and running a distance of 612.81 feet in a
southerly direction.
Said parcels contain 17,648 square feet. Plats with
more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
C. Oral Lambert, Jr., Director of Public Works, and Gil Holt, representing
Signet Enterprises, Ltd., will make sure Messrs. Smith and Russell are caused
no inconvenience relative their regular garbage collection and mail delivery.
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
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TI,@S'I'Y. L@LJTII SMI'r!]. C.ITY
[3y:
y
Adopted:
AUTHORIZED FINAL APPROVAL: April 10, 1989
- 13 -
Item IV-E.I.d.
PUBLIC HEARING
PLANNING ITEM # 31042
Delegate Glenn Croshaw, Phone: 490-6000, represented the applicant
Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council
GRANTED ADDITIONAL 180 DAYS FOR COMPLIANCE to October 23, 1989, of an Ordinance
upon application of CHESAPEAKE & POTOMAC TELEPHONE COMPANY OF VIRGINIA, INC.
for the discontinuance, closure and abandonment of a portion of Holly Avenue
Application of Chesapeake & Potomac Telephone
Company of Virginia, Inc. for the discontinuance,
closure and abandonment of a portion of Holly
Avenue beginning at the western boundary of North
Great Neck Road and running easterly a distance of
150.47 feet. Said parcel contains 3773.78 square
feet. More detailed information is available in the
Department of Planning. LYNNIIAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert 1-1. Fentress, Harold
Heischober, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Nleyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Albert W. Balko
Council Members Absent:
None
*Councilman Balko ABSTAINED as he is retired from Chesapeake & Potomac
Telephone Company
Work toward compliance was delayed while the applicant sought a reconsideration
of conditions and subdivision variance necessary to accommodate the intended
use. Both requests were approved by City Council on March 20, 1989.
- 14 -
Item IV-E.I.e.
PUBLIC HEARING
PLANNING ITEM # 31043
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council GRANTED ADDITIONAL 180 DAYS FOR COMPLIANCE to October 23, 1989, of the
Ordinance 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, in the petition of ROBERT J.
RUHL/DEPARTMENT OF ECONOMIC DEVELOP@IENT.
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
This Street Closure was requested to enable Dynaric, Inc. to expand its
industrial manufacturing operations in Airport Park. Dynaric experienced delays
in the project and was not able to meet conditions of the street closure by
April 10, 1989. Delays have been overcome and Dynaric, Inc. is now ready to
proceed.
- 15 -
Item IV-E.I.f.
PUBLIC HEARING
PLANNING ITEM # 31044
Craig Allen, 2809 South Lynnhaven Road, Phone: 486-6100, represented the
applicant
Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of TALC ASSOCIATES for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF TALC ASSOCIATES FOR A
CONDITIONAL USE PERMIT FOR A MINI-STORAGE FACILITY
R04891206
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TALC Associates for a
Conditional Use Permit for a mini-storage facility
on the north side of Newtown Road, west of Broad
Meadows Boulevard. Said parcel is located at 909
Newtown Road and contains 1.1 acres. Plats with
more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Category VI landscape screening will be required
for this site unless a variance from the Board of
Zoning Appeals is granted. The variance shall not
extend to the landscaping on the road frontage of
Newtown Road. The landscaping shall be Category
VI; however, there shall be no wooden fence.
2. The western entrance on Newtown Road shall be used
only to provide access for emergency vehicles.
3. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth
Day of April, Nineteen Hundred and Eighty-nine.
- 16 -
Item IV-E.l.f.
PUBLIC HEARING
PLANNING ITEM # 31044 (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
- 17 -
Item IV-E.I.g.
PUBLIC HEARING
PLANNING ITEM # 31045
Wilfred P. Large, 630 North Witchduck Road, Phone: 499-6791, represented the
applicant
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
ORDINANCE UPON APPLICATION OF P.H.P ASSOCIATES, A
VIRGINIA GENERAL PARTNERSHIP, FOR A CONDITIONAL USE
PERMIT FOR MINI-WAREHOUSES R04891207
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of P.H.P. Associates, a
Virginia General Partnership, for a Conditional Use
Permit for mini-warehouses on the south side of
North Witchduck Road, 475 feet west of Jacqueline
Avenue. Said parcel is located at 6336 North
Witchduck Road and contains 1.7669 acres. Plats
with more detailed infomation are available in the
Department of Planning. BAYSTDE BOROUGH.
The following conditions shall be required:
1. A fifteen (15) foot buffer in conjunction with
Category VI screening will be required at detailed
site plan review along the southern property line,
where adjacent to the R-7.5 District.
2. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth
Day of April, Nineteen Hundred and Eighty-nine.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara Ni. fienley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
- 18 -
Item IV-E.I.h.
PUBLIC HEARING
PLANNING ITEM # 31046
John Ahern, 135 First Colonial Road, Phone; 422-8532, represented the applicant
and advised Councilman Balko the junk cars located in the back would be
removed.
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of LEBO ENTERPRISES, INC., T/A A-1 AUTO
REPAIR for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LEBO ENTERPRISES,
INC. , T/A A-1 AUTO REPAIR FOR A CONDITIONAL USE
PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT
R04891208
BE IT HEREBY ORDAINED BY THE COUNCIL OF TliE CTTY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lebo Enterprises,
Inc., T/A A-1 Auto Repair for a Conditional Use
Permit for an automobile repair establishment on
the west side of First Colonial Road, 530 feet more
or less north of Southern Boulevard. Said parcel is
located at 135 First Colonial Road and contains
9626.67 square feet. Plats with more detailed
information are available in the Depattment of
Planning. LYNNIIAVEN BOROUGH.
The following conditions shall be required:
1. Category VI screening will be required for this
site, unless a Board of Zoning Appeals variance is
obtained.
2. Standard right-of-way improvements to include
pavement widening, curb, gutter, sidewalk and
drainage facilities are to be constructed along the
frontage of this site.
3. No outside storage of automobile parts or
inoperable automobiles will be allowed.
4. The internal property line must be vacated by
recorded plat.
5. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth
Day of April, Nineteen Hundred and Eighty-nine.
- 19 -
Item IV-E.I.h.
PUBLIC REARING
PLANNING ITEM # 31046 (Continued)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 20 -
Item IV-E.I.i.
PUBLIC HEARING
PLANNING ITEM # 31047
Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3137,
represented the applicant
Jay Berger, 1549 Bradford Road, Phone: 460-1250, represented his mother,
Patricia S. Hanger, owner of Lot 5A
Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of MICHAEL D. SIFEN, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MICHAEL D. SIFEN,
INC., FOR A CONDITONAL USE PERMIT FOR MINI-STORAGE
R04891209
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Michael D. Sifen,
Inc., for a Conditional Use Permit for mini-storage
on the south side of Shell Road, 192 feet west of
Bradford Road. Said parcel is located at 4929 Shell
Road and contains 2.7 acres. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. The proposed retention area must be enclosed with
Category VI screening along the western, southern
and eastern property lines.
2. No lighting shall spill over onto adjacent
residential properties.
3. Hours of operation shall be limited to 7:00 AM to
10:00 PM.
4. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
5. Drainage shall not cross Lot 5A to Bradford Road
but shall be directed to Claudia Drive.
6. The City shall notify the adjacent property owners
of this approved conditional use. The residents
have a thirty-day opportunity to appear before City
Council if they oppose same.
- 21 -
Item IV-E.l.i.
PUBLIC HEARING
PLANNING ITEM # 31047 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth
Day of April, 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 Meribers Absent:
None
- 22 -
Item IV-G.l.j.1.
PUBLIC REARING
PLANNING ITEM # 31048
Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the
applicant
Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council
APPROVED a Variance to Sections 4.1(f) and 4.4(d) of the Subdivision
Ordinance, which respectively prohibits lots created by subdivision to reserve
strips of property for controlling sole access to public streets; and, requires
all lots created by subdivision to meet all requirements of the Zoning
Ordinance upon application of GREENWICH CENTER ASSOCIATES
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Greenwich Center
Associates. Property is located at the southwest
intersection of Greenwich Road and Ballard Court.
Plats with more detailed information are available
in the Department of Planning. BAYSIDE BOROUGH
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss and Nancy K. Parker
Council Members Absent:
None
- 23 -
Item IV-G.l.j.2.
PUBLIC HEARING
PLANNING ITEM # 31049
Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the
applicant
Gary Haste, Talbot & Associates, Phone: 340-0322, represented the applicant
Pete Fogarty, 14561 Dallas Parkway, Dallas, Texas, Phone (214) (386-6161),
Director of Development. Pete Fogarty advised he will submit to City Council a
copy of the landscape rendering.
Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of MOTEL 6 for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MOTEL 6 FOR A
CONDITIONAL USE PERMIT FOR A MOTEL R04891210
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNTA BEACH, VTRGINIA
Ordinance upon application of Motel 6 for a
Conditional Use Permit for a motel on certain
property located at the southwest intersection Of
Greenwich Road and Ballard Court. Said parcel
contains 1.64 acres. Plats with more detailed
information are available in the Department of
Planning.
The following condition shall be required:
1. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth
day of April, 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, lllayor 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 IV-G.l.k.
PUBLIC HEARING
PLANNING ITEM # 31050
The following spoke in SUPPORT of the application:
Attorney Robert B. Cromwell, Phone; 499-8971, represented the applicant and
distributed a petition containing approximately 1500 signatures in support of
the application, as well as copies of letters from the Chimney Hill Comrqunity
Association, Salem Civic League, Larkspur Civic League, Princess Anne Plaza
Civic League and Salem Lakes Civic Association in support of the Application
(Said petition and letters of support are hereby made a part of the record.)
David May, Architect, Phone: 497-5060, displayed a model of the proposed
hospital facility as well as the site plan depicting the extensive
landscaping
Bill Cashman, Transportation Planner with Langley and McDonald, retierated the
traffic impact study requested by the applicant. It was recommended the
se.@ment of Windsor Oaks Boulevard in front of Sentara's property be upgraded
to a four-lane divided road with one major entrance off that roadway to the
hospital to be supplemented by an emergency entrance.
Phillip Brooks, President of Norfolk Community Hospital. Norfolk Community
Hospital Association would be part owner or a member in a newly formed
Sentara/Princess Anne Hospital Corporation.
George DeLano, 521 Buffer Drive, Phone: 497-6126, President of the Larkspur
Civic League
Ron Pittser, Phone: 463-3805, Association Manager of Chimney Hill Community
Association
Karl Morrison, 3549 Bow Creek Boulevard, Phone: 486-0704, President of the
Princess Anne Plaza Civic League
Clifford M. Sauler, 2005 Javelin Court, Phone: 471-0227, Vice President of
Salem Lakes Civic League Association
Kathryn Charles, 2244 Wind Branch Circle, Phone: 468-1821, resident of Pine
Ridge and represented self
Eva Robold, 5348 Princes Anne Road, Phone: 628-3518, employee of Sentara for
eighteen years.
Reverend H. C. Poole 1425 Pissarro Circle, Phone: 474-9668, spoke relative the
advantage of additional employment
Joyce Timberlake, Director of Timberlake Art Academy,
Rae H. Le Sesne, 5325 Thornberg, Phone: 497-8008
Michael Keating, Poplar Hall Drive, Phone: 455-7170, Vice President - Sentara
Health Systeri
The following spoke in OPPOSITION to the application:
Attorney Tom Frantz, 1-16 Curlew Drive, Phone: 491-2185, represented Virginia
Beach General Hospital, spoke relative land use issues, public welfare and
health and legal issues.
Dr. Douglas Johnson, Phone: (Office) 496-6200, (Home): 422-3453, President and
Chief Executive Officer of Tidewater Health Care, Inc. Information relative
their position is hereby made a part of the record.
Richard Browner, 207 81st Street, Phone: 425-8409, President of Land Planning
and Development Services
Dr. Ron Washburn, 1060 First Colonial Road, Phone: 481-8020, practicting
physician of Virginia Beach General Hospital, President-Elect Virginia Beach
Medical Society. Dr. Washburn presented a petition in OPPOSITION. (Said
petition is hereby made a part of the record.)
Dr. John Mapp, 1060 First Colonial Road, Phone: 481-8020, family physician
Dr. Jack Garrison, Independence Boulevard, Phone: 481-8010, practicing family
physician for thirty (30) years in Virginia Beach.
Dr. Mitch Miller, Princess Anne Road, Phone: 481-8000, physician in Virginia
Beach
Dr. Clarke Russ, 1016 First Colonial Road, Phone: 481-4708, physician and
orthopedic surgeon. (Copies of Dr. Russ's statement were distributed to City
Council and are hereby made a part of the record.)
Jerry Surphin, 800 Tndependence Boulevard, Phone: 460-8000, Executive Director
of Humana Hospital/Bayside.
Attorney Tom McCandlish, the opposition's Counsel relating the Sentara Project
at the State Health Commission. Attorney Tom McCandlish reviewed the findings
of the Certificate of Need.
- 25 -
Item TV-G.l.k.
PUBLIC HEARING
PLANNING TTEM # 31050 (Continued)
A MOTION was made by Councilman Moss, seconded by Councilwoman McClanan to
ADOPT an Ordinances upon application of SENTARA HEALTH SYSTEM for a Change of
Zoning District Classifications: From B-2 CommunitV Business District to 0-2
Office District at the Southeast corner of Holland Road and Windsor Oaks
Boulevard Proposed, containing 3.5 acres; From A-12 Apartment District to 0-2
Office District on: (a) PARCEL 1: On the South side of Holland Road
beginning at a point 400 feet more or less East of Windsor Oaks Boulevard
Proposed; and, (b) PARCEL 2: On the East side of Windsor Oaks Boulevard
Proposed beginning at a point 1350 feet more or less South of Holland Road.
Said Parcels containing 13.8 acres; AND, From R-7.5 Residential District to 0-2
Office District on the East side of Windsor Oaks Boulevard Proposed beginning
at a point 700 feet more or less South of Holland Road, containing 12.6 acres;
AND, For a Conditional Use Permit for a hospital and nursing home at the
Southeast corner of Holland Road and Windsor Oaks Boulevard Proposed,
containing 39.9 acres. Councilman @loss requested APPROVAL be subject to the
conditions listed but striking the incinerator at the site.
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Perry,
City Council DENIED Ordinances upon application of SENTARA HEALTH SYSTEM for
Changes of Zoning and a Conditional Use Permit:
ORDINANCE UPON APPLICATTON OF SENTARA HEALTH SYSTEM
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-2 TO 0-2
Ordinance upon application of Sentara Health System
for a Change of Zoning District Classification from
B-2 Community Business District to 0-2 Office
District on certain property located at the
southeast corner of Holland Road and Windsor Oaks
Boulevard Proposed. KEMSPVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLTCATION OF SEIITARA HEALTH SYSTFIT
FOR A CHANGE OF ZONING DTSTRICT CLASSIFICATION FRONI
A-12 TO 0-2
Ordinance upon application of Sentara Health System
for a Change of Zoning District Classification from
A-12 Apartment District to 0-2 Office District on
the following parcels:
Parcel 1': Located on the south side of Holland
Road begi@nning at a point 400 feet more or less
east of Windsor Oaks Boulevard Proposed.
Parcel 2: Located on the east side of Windsor Oaks
Boulevard Proposed beginning at a point 1350 feet
more or less south of Holland Road. Said parcels
contain 23.8 acres. Plats with more detailed
information are available in the Department of
Planning. KEMSPVILLE BOROUGH.
A N D,
- 26 -
Item IV-G.l.k.
PUBLIC HEARING
PLANNING ITFIL # 31050 (Continued)
ORDINANCE UPON APPLICATION OF SENTARA HEALTH SYSTEM
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-7.5 RESIDENTIAL DISTRICT TO 0-2 OFFICE DISTRICT
Ordinance upon application of Sentara Health System
for a Change of Zoning District Classification from
R-7.5 Residential District to 0-2 Office District
on certain property located on the east side of
Windsor Oaks Boulevard Proposed, beginning at a
point 700 feet more or less south of Holland Road.
Said parcel contains 12.6 acres. Plats with more
detailed information are available in the
Department of Planning. KEMSPVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF SENTARA HEALTH SYSTEM
FOR A CONDITIONAL USE PERMIT FOR A HOSPITAL AND
NURSING HOME ON CERTAIN PROPERTY
Ordinance upon application of Sentara Health System
for a Conditional Use Permit for a hospital and
nursing home on certain property located at the
proposed corner of Holland Road and Windsor Oaks
Boulevard Proposed. Said parcel contains 39.9
acres. Plats with more detailed information are
available in the Department of Planning. KEMPSVILLE
BOROUGH.
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Nancy K. Parker, John
L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and John D. Moss
Council Members Abstaining:
*Albert W. Balko and Mayor Meyera E. Oberndorf
Council Members Absent:
None
Mayor Oberndorf ABSTAINED as she is a Member of the Tidewater Health Care
Corporation Board.
Councilman Balko ABSTAINED as he is a Member of the Board of Directors of
Bayside Hospital.
- 27 -
Item IV-3.1.i.
PUBLIC HEARING
PLANNING ITEM # 31051
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City
Council APPROVED:
Amendments 1 through 6 shall be Approved, DELETING
the portion of Estates Drive between proposed
Culver Lane and London Bridge Road, depicted in
Amendment 1.
1. 4q eurr-entj!y (4es4gi4ated as a 491/2
u@,diu-id@d h!irhway ort the@nter Fbreet ard
ay Plan. Estateg PF4-,@@p -gh8--,4d- be tipgra(4e4 to a-
d4 V4
2. Culver Lane from General Booth Boulevard to Estates
Drive, is currently designated a four-lane
undivided highway on the Master Street and Highway
Plan. This portion of Culver Lane should be
upgraded to a four-lane divided highway.
3. Seaboard/Harpers Road Extended from Ferrell Parkway
to Dam Neck Road is currently designated a four-
lane divided highway with a bikeway on the Master
Street and Highway Plan. It is recommended that
this portion of Seaboard/Harpers Road be upgraded
to a six-lane divided highway with a bikeway.
4. London Bridge Road is currently designated a four-
lane divided highway with a bikeway from Shipps
Corner Road to proposed Seaboard/Harpers Road
extended and is designated a four-lane divided
Highway from Seaboard/Harpers Road extended to
General Booth Boulevard.
From Dam Neck Road to General Booth Boulevard,
London Bridge Road should be designated a four-lane
divided highway with a bikeway. It is recommended
that London Bridge Road, between Shipps Corner Road
and Dam Neck Road, be removed from the Master
Street and Highway Plan, so that it will remain as
a 60-foot access road.
5. London Bridge Road Extended. An alternative
connection between London Bridge Road and Dam Neck
Road is recommended. The Master Street and Highway
Plan should be amended to include a four-lane
divided highway from the intersection of Shipps
Corner Road and London Bridge Road to Dam Neck Road
as shown on the accompanying map.
6. The @laster Street and Highway Plan currently shows
a proposed interchange for the Southeastern
Expressway at London Bridge Road. Tt is recommended
that this interchange be relocated to
Seaboard/Harpers Road Extended.
Councilwoman McClanan wished the record to reflect she is not in favor of that
Section of London Bridge Road that has been removed.
Councilwoman McClanan believed the map should be changed to reflect the present
route of London Bridge Road.
- 28 -
Item 111-G.I.i.
PUBLIC REARING
PLANNING ITEM # 30971 (Continued)
Voting: 10-0
Council Members Voting Aye;
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 29 -
Item IV-F.l.
ORDINANCES ITEM # 31052
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Article VIII of
Chapter 6, Sections 6-161, 6-162, 6-163 and 6-164
of the Code of the City of Virginia Beach,
Virginia, and ADDING Section 6-165 re Virginia
Beach Erosion Commission.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, 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:
None
1 AN ORDINANCE TO AMEND AND REORDAIN
2 ARTICLE VIII OF CHAPTER 6, SECTIONS
3 6-161, 6-162, 6-163, AND 6-164 OF
4 THE CODE OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA, AND ADDING SECTION
6 6-165 PERTAINING TO THE VIRGINIA
7 BEACH EROSION COMMISSION
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That sections 6-161, 6-162, 6-163, and 6-164 of the
11 Code of the City of Virginia Beach, Virginia, are hereby amended
12 and reordained and section 6-165 is hereby added to the Code of
13 the City of Virginia Beach and ordained to read as follows:
14 Section 6-161. Established.
15 There is hereby established the eity erosion advisery
16 commission as required under section 10-222 10.1-711, Code of
17 Virginia.
18 Section 6-162. Composition; terms; chairman; vacancies; oath.
19 (a) The commission shall be composed of at-least-five
20 +S+ seven (7) members appointed by the city council. The members
21 shall be appointed for a term of four (4) years except for the
22 first term of which four (4) members will be appointed for a term
23 of four (4) years and three (3) members shall be appointed for a
24 term of two (2) years. All terms shall begin April May 1,
25 19819. A chairman shall be selected by the members from the
26 membership. Vacancies on the commission shall be filled by the
27 council within sixty (60) days of such vacancies.
28 (b) APPointees shall be required to take the oath of
29 office prescribed by section 49.1 of the code of Virginia before
30 assuming the duties of this commission. No bond shall be
31 required of any appointee for duties performed because of this
32 appointment.
33 Section 6-163. Purpose.
34 It shall be the duty of the commission to determine
35 local erosion problems, review the city's erosion control
36 projects, act proactively at the state and federal level to
37 Promote the creation and protection of public beaches within the
38 city; and also act as the Local Erosion Advisory Commission as
39 required under section 10.1-711 of the Code of Virginia to
40 examine Present and future beach public ownership. erosion caused
41 by Public naviqation works, the intensity of use of public beach
42 areas, the availabilitv of Dublic beaches in the citv, and the
43 rate of erosion on the various public beaches within the city and
44 actions undertaken by the city which mav lead to further erosion
45 of the city's beaches and benefits of the state and city from the
46 expansion of the Public beach areas within the city with-respeet
47
48
49 eemtrel--strategies --- fer --- the --- future7 --- and --- assess--pregram
50 implementatien.
51 Section 6-164. Annual report.
52 The commission shall give an annual report to the city
53 council prior to or no later than April first of each year
54 concerning local erosion problems, control and beach nourishment
55 projects, suggest erosion control strategies and priorities for
56 the future and assess program implementation.
57 Section 6-165. Other powers and duties.
58 The erosion commission shall have other powers, duties
59 and responsibilities as assigned to it by the city council. The
60 commission shall be supported by staff of the various departments
61 of the city as directed by the city manager.
62 Adopted by the Council of the City of Virginia Beach,
63 Virginia on the 10th day of April , 1989.
64 NEW/lmt/epm PPROVED AS T.O.CO N i
65 3 / 10/89
66 3/17/89 URE
67 CA-03169
68 \ordin\proposed\06-16letc.pro
DEPARTMENT
APPROVE@) AS T@o LEGAL
SUFFiCIENC@ AND,FO@,
2 RKIEY
- 30 -
Item IV-G.
CONSENT AGENDA ITFAM # 31053
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
APPROVED in ONE MOTION, Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, 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:
None
*Councilman Perry voted a VERBAL NAY on Item 2.
- 31 -
Item IV-G. 1
CONSENT AGENDA ITEM # 31054
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
ADOPTED upon SECOND READTNG:
Ordinance to APPROPRIATE $375,000 for loan
reservation; and, authorizing the City Manager to
execute an agreement with the Virginia Department
of Housing and Community Development for a Single
Family Rehabilitation and Energy Conservation Loan
Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, 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:
None
REQUESTED AY: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE VIRGINIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR A SINGLE FAMILY REHABILITATION
AND ENERGY CONSERVATION LOAN PROGRAM AND TO APPROPRIATE
THE LOAN RESERVATION AMOUNT OF $375,000
WHEREAS, the Commonwealth of Virginia has established the
Virginia Housing Partnership Fund to encourage the improvement of
housing opportunities for low-income Virginians; and
WHEREAS, the Virginia Department of Housing and Community
Development has established a program entitled the Single Family
Rebabilitation and Energy Conservation Loan Program, which
authorizes local governments to make loans to citizens to provide
for the rebabilitation of single family housing units; and
WHEREAS, the Virginia Department of Housing and Community
Development has informed the City that a reservation in the
amount of $375,000 has been set aside for the City for such
rehabilitation loans;
NOW. THEREFORE BE IT ORDAINED THAT the City Manager is
autborized to execute an agreement with the Virginia Department
of Housing and Community Development to make sucb loans; and
BE IT FURTHER ORDAINED THAT the loan reservation in the
amount of $375,000 be appropriated for the purpose of making such
loans; and
BE IT FURTHER ORDAINED THAT the City of Virginia Beach will
comply with all requirements of this program as set forth by the
Virginia Department of Housing and Community Development.
Adopted by the Council of the City of Virginia Beach on the
Ten ___ day of April 1989.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Ma City Attor ey
Department of Housing and
Community Development
FIRST READING: April 3, 1989
SECOND READTNG: April 10, 1989
- 32 -
Item TV-G. 2
CONSENT AGENDA ITEM # 31055
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $126,000 in Community
Development EXCESS program income funds to the
Community Development housing loan and grant fund;
and, to AMEND the Community Development Block Grant
14th Year Final Statement of Objectives.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, 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 and William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry"
Council Members Absent:
None
*Verbal Nay
AN ORDINANCE TO APPROPRIATE $126,000 IN COMMUNITY DEVELOPMENT
EXCESS PROGRAM INCOME FUNDS TO THE COMMUNITY DEVELOPMENT
HOUSING LOAN AND GRANT FUND AND TO AMEND THE CDBG
14TH YEAR FINAL STATEMENT OF OBJECTIVES
WHEREAS, The City receives Community Development Block Grant
funds to be used to benefit low and moderate income persons, and
WHEREAS, one of the uses of such funds is to make loans and
grants for the rehabilitation of housing, and
WHEREAS , inc ome f rom tbe r epa yment of such loan s is
regularly received by the City, and
WHEREAS, income in excess of the amount previously estimated
and appropriated has been received, and
WHEREAS, there is a need for additi onal funds for housing
1 oans and gran ta b ef ore the ne x t al 1 ocation of CDBG f unde is
received, AND there is an emergency need for such funds for a
rehabilitation project in an area outside the currently
designated CDBG project area,
NOW, THEREFORE BE IT ORDAINED tbat excess program income
funds in the amount of $126,000 be appropriated to the Community
Development loan and grant fund, and
BE IF FURTHER ORDAINED that the CDBG 14th Year Final
Statement be amended to expand the approved sites for
rehabilitation to include a site located on Princess Anne Road in
the Princess Anne Borough for funding of specific housing
emergencies.
Adopted by the Council of the City of Virginia Beach this
T'eiiih April
-------- day of ----------- 1 1989.
Approved as to Content Approved as to Form
/1 ---- ----------
Mar City@torney
Department of Housing and
Community Development
FIRST READING: April 3, 1989
SECOND READING: April 10, 1989
31-D
Item IV-G.3
CONSENT AGENDA ITEM # 31056
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
ADOPTED upon SECOND READING:
Ordinance to INCREASE APPROPRIATIONS by $694,700
for foster care services and revenue from the
Commonwealth in the Department of Social Services.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Albert W. Balko, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. @loss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
A ORDIWCE TO IN E @PPZA=ONS FOR @ CAIZE
SERVICES IN THE DEP OF ShKv,CES BY $694,700
AND TO IN@E PEVENUE FROM UM
WHEF?FAS, experxiitures for residential placement of children in foster care
have dramtically during the current fiscal year due to an increased
caseload, increased oosts for placements, and the pla@t of more severely
@ired children, and
WHEREAS, estimtes based cn currerrt expenditure patterns pro3ect a shortfall
of $694,700 in available apprcpriations for pa@t of placemnt costs for these
children in the remainder of FY 88-89, and
, the General Asseirbly, recognizing this problem as one affecting
many localities, has provided for additional resources for foster care services
for FY 88-89, and
WHEREAS, these additional resources require no additional local ipatchirxg
funds,
NOW @RE BE IT O@ BY THE COUNCIL OF TBE CRIY OF @@ BEACH,
@, that additional funds in the amomt of $694,700 be apprcpriated in the
FY 88-89 Operatincj Budget for the Department of social Services for foster care
services and that Revenue frcm the Cmmnwealth be increased by $694,700.
This ordinance shall be effective frcm the date of its adoption.
Adcpted by the Comcil of the City of Virginia Beach, V@inia on
the- Tenth 5hy of April 1989.
Apr,l 3, 1989
j
First Recdin,:
Sec,ond Reading pr-1 10, 1989
AS
@l/, Cl i Y A7 T@,' NEY
- 34 -
Item IV-G.4
CONSENT AGENDA ITEM # 31057
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $34,000 from
the U.S. Department of Housing and Urban
Development for homeless assistance activities;
and, to authorize the City Manager to execute
agreements regarding such funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, 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:
None
ORDINANCE TO ACCEPT AND APPROPRIATE $34,000
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR HOMELESS ASSISTANCE ACTIVITIES AND TO AUTHORIZE
THE CITY MANAGER TO EXECUTE AGREEMENTS REGARDING SUCH FUNDS
WHEREAS, the Stewart B. Mckinney Homeless Assistance Act
provides funds to local governments and others for homeless
assistance activities, and
WHEREAS, the U.S. Department of Housing and Urban
Development has approved the City's application for Emergency
Shelter Grant funds under this act in the amount of $34,000, and
WHEREAS, the City's application specifies the actlvities to
receive such funds,
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that a grant of $34,000 from the U.S. Department
of Housing and Urban Development be accepted, and
BE IT FURTHER ORDAINED that the City Manager be authorized
to execute a Grant agreement with the U.S. Department of Housing
and Urban Development accepting such grant, and
BE IT FURTHER ORDAINED that funds In the amount of $34,000
be appropriated to the Department of Housing and Co--unity
Development to be used as specified in such grant application,
including the granting of funds to non-profit agencies for the
carrying out of homeless assistance activities, and
BE IT FURTHER ORDAINED that the City of Virglnia Beach will
comply with all requirements of the grant agreement and
regulations of the U.S. Department of Housing and Urban
Development regardlng such funds.
Adopted by the Council of the City of Vlrginia Beach this
Tenth day of April 1989.
Approved as to Content Approved as to Form
i. ustici city Attbrney
nt of Housing and
Community Development
First Reading: April 3, 1989
Second Reading: April 10, 1989
- 35 -
Item IV-G.5
CONSENT AGENDA ITFAM # 31058
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
APPROVED:
Low Bid to Dorey Electric in the amount of
$17,165.50 for a traffic signal at the intersection
of Princess Anne Road and Seaboard Road (CIP 2-
098).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, 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:
None
Item IV-J.1.
ADJOURNMENT ITEM 31059
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 6:50 P.M.
Bever Y 0.
I Hooks
Chief Deputy City Clerk
-Kuth Hodg6s Smith, CMC
City Clerk
City of Virginia Beach
Virginia