HomeMy WebLinkAboutSEPTEMBER 26, 1988
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SEPTEMBER 26, 1988
ITEM I. COUNCIL CONFERENCE SESSION - Conference Room - 5iOO PM
A . CITY COUNCIL CONCERNS
ITEM II. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOTION TO RBCESS INTO EXIDCUTIVE SESSION
ITEM III. FORMAL SESSION - Council Chambers - 7.00 PM
A. INVOCATION: Reverend Ilenry Jefferson
St. Mark's AME Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF TITE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - September 19, 1988
E. CEREMONIAL PRESENTATIONS
1. RESOLUTIONS IN RE)COGNITION
a. The Honorable ROBERT G. JONES TIDEWATER TRANSPORTATION
DISTRICT COMMISSION
2. PROCLARATIONS
a. DOWN SYNDRCME MONTH
October 1988
b. MENTAL ILLNESS AWARENESS WEEK
October 2 - 8, 1988
F. PUBLIC ]]EARING
1. PLANNING
a. Ordinance for the discontinuance, closure and abandolunent of a
portion of Five Forks Road at the Southwest intersection of
First Court Road and Greenwell Road, running in a Southwesterly
direction, 737.53 feet, containing 24,020 square feet, in the
petition of CHARLES F. BURROUGHS, JR. (BAYSIDE BOROUGH) .
Recommendation: FINAL APPROVAL
b. Ordinance for the discontinuance, closure and abandoment of a
portion of Holly Road at the Northern boundary of 48th Street,
running in a Nortliwesterly direction, to the Southern boundary
of 49th Street in tlie @tition of B. LEON HODGES, et al
(VIRGINIA BEACII BOROUGII).
Recommendation: FINAL APPROVAL
C. Petition of KOGER PROPERTIES, INC., for the discontinuance,
closure and abandonment of a portion of Newtown Road 140 feet
more or less South of Larry Avenue, running in a Southerly
direction 250.8 feet more or less, containing 6, 21 4 square feet
(BAYSIDE BOROUGH).
Recommendation; ADDITIONAL SIXTY DAY DEFERRAL
d. Petition of DCMINION BUILDING CORPORATION for the
discontinuance, closure and abandorment of a portion of Dwyer
Road 455.5 feet Southwest of the intersection with Dam Neck
Road, running in a Westerly direction 2782.7 feet, containing
2.553 acres (PRINCESS ANNE BOROUGH).
Deferred for cornpliance by March 14, 1988, and on March 14 to
September 19, 1988
Recommendation: ADDITIONAL ONE (1) YEAR DEFERRAL and
Schedule Reconsideration of Conditions
for October 24, 1988, at 7:00 PM
e. Applications of MAC ASSOCIATES re property located on the South
side of 16th Street, 150 feet East of Baltic Avenue (412 16th
Street) , containing 14,000 square fee t (VIRGINIA BEACH
BORO@H):
1. Change of zoning District Classification from R-5S
Residential Single Family District to R-T4 Resort 'fburist
District
AND,
2. Conditional Use Permit for a child care center.
Recommendation: WITHDRAWAL
f. Application of EXXON CCMPANY USA for a Conditional Use Permit
for car wash and gasoline pumps in conjunction with a
convenience store located ai the Northwest intersection Tf
Holland Road and south Plaza Ttail, at 4240 Holland Road,
containing 42,869.87 square feet (KEMPSVILLE BOROUGH).
Deferred August 22, 1988
Recommendation: APPROVAL
AFi@libitibn 6t IFAME L'KP]E tifiLtppfSSEg f6r a comitionai Use
Permit for a recreational facility of an outdoor nature locatea
Tn the East side of Las Brisas Drive, 70 feet more or less
North of Sandbridge Road, containing 3.31 acres (PRINCESS ANNE
BOROUGII) .
Recommendation-. APPROVAL
h. Applications of PETER SURPREMANT at the Northwest corner of
Holland Road and Arthur Avenue on Lots 7-10 & 16-20, Block 3,
Pecan Gardens, containing 22,216 square feet (PRINCESS ANNE
BOROUGH):
1. For a Change of Zoning District Classification from A-12
Apartment District to B-2 Community-Business District
AND,
2. For a (bnditional Use Permit for an automotive repair
establishment.
Deferred August 8, 1988
Recommendation: APPROVAL
i. Applications of McGINNIS REALTY AND DEVELOPMENT CCt4PANY re
property located on the North side of 34th Street, 150 feet
West of Pacific Avenue (307-309 34th Street), containing 14,000
square feet (VIRGINIA BEACH BOROUGH):
1. Change of Zoning District Classification from A-12
Apartnent District to R-T4 Resort Thurist District
Recommendation: APPROVAL
AND,
2. Conditional Use Permit for a home for the aged
Recommendation: No Recommendation due to a tie vote
j. Application of JOHN S. AND EMILY M. HATHAWAY for a Change of
Zoning District Classification from R-10 Residential District
to 0-1 Office District on property located on the East side Tf
Overland Road, 178.15 feet South of Amberly Road, at 324
Overland Road, containing 16,552.80 square feet (KEMPSVILLE
BOROUGH)
Deferred July 5, August 22, and September 6, 1988
Recommendation: DENIAL
k. Applications of KENNETH A. HALL re Froperty located on the West
side of General Booth Boulevard, 4620 feet North of London
Bridge Road, containing 4.6 acres (PRINCESS ANNE BOROUGH):
1. Change of Zoning District Classification fr an AG-2
Agricultural District to B-2 Community Business District
AND,
2 . Cc>nditional Use Permit for motor vehicle sales and service
Recommendation; DENIAL
I Application of THE SOUTHLAND CCRPORATION for a Conditional Use
Pennit for gasoline sales in conjunction with a convenience
store at the Northwest corner of Independence Boulevard and
Pleasure House Road on portions of Lots 59, 60, 61 and 62A,
Shelton Place, containing 46,288 square feet (BAYSIDE BOROUGH).
Deferred August 8, 1988
Recommendation: DENIAL
M. Application of COLBY D. REHMERT for a Variance to Sections
4.4(b) and 4.4(d) of the Subdivision Ordinance, which require
all lots created by subdivision to meet all requirements of the
Zoning ordinance and to have access to a public street,
respectively, on property located at 627 Timberland @ail
(LYNNHAVFN BOROLIGII) .
Deferred August 8, 1988
Recommendation: DENIAL
n. Ordinances to AMEND and REORDAIN the Comprehensive zoning
Ordinance of the City of Virginia Beach, Virginia:
1. Section 203 (a) (38 Shopping Center Parking
AND,
2. Section 5A.4(a) - Site Plan Ordinance - Interior coverage
requirements of Parking Lot Landscape Requirements
Deferred August 22, 1988
G. RESOLURION
1 . Resolution authorizing and directing the City Manager to proceed
with design of the Virginia Beach Community Center/Bayside.
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Oc)uncil and will be enacted by one
motion in the form listed If an item is removed from the Cc)nsent
Agenda, it will be discussed and vot,-@d upon separately.
1. RESOLUTIONS IN RE)COGNITION
a. The Honorable ROBERT G. JONES
2. AGREEMENTS AND CLARIFICATIONS to the January 22, 1986, AGREEKENT
betvnen the City and the School Board:
a. 'fb establish and operate a Joint Cable Center
AND,
b. Th create a Joint Cable Center Board
Deferred August 29 and September 6, 1988
3. Ordinance upon SECOND RFADING to ACCEPT and APPROPRIATE $18,677
frcrn the United Way of South Hampton Roads for one position in
Department of Social services to recruit and train infant day care
providers.
4. Ww BIDS:
a .S. B. Ballard Cbnstruction Company in the amount of
$1,140,000.00 for Boardwalk Revitalization (CIP 2-048) and
Oceanfront Connector Parks (CIP 2-066).
b. Brown Building Corporation in the 'MILmt Of $1,469,000.00 for
expansion of Kempsville Area Library (CIP 3-910).
C. Crolwder Construction ComPany, Inc. in the a,ont )f $283,565.50
for construction of Back Bay Marina Bridge (CIP 2-952).
I- UNFINISHED BUSINESS
J- NEW BUSINESS
1. REQUEST FOR RBCONSIDERATION of conditions in the application of tkw
Life Presbyterian Church for a Conditional Use Pemit for a church
on property located on the Vltst sdt f N.@th Lndst.. Road, 1250
feet more or less South of liolland Road, containing 6.286 acres
(PRINCESS ANNE BOROUGII). APPROVED BY City Council on June 13, 1988
K. ADJOMNMENT
CITY COUNCIL SESSION
RESCHEDULED
OCTOBER 31, 1988 2:00 Pm
RESCHEDULE OF OCTOBER 3
"VIRGINIA MUNICIPAL LEAGUE"
All Other Sessions will be in accordance
wi th the ci ty cd,!
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 26, 1988
The CONCERNS CONEERENCE 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 26, 1988, at 5:00 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,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Nancy K. Parker (ENTERED: 5:03 P.M.)
- 2 -
C 0 U N C I L C 0 N C E R N S
ITEM # 30060
Councilwoman McClanan referenced an Ordinance upon application of the TRUSTEES,
SANDBRIDGE COMMUNITY CHAPEL UNITED METHODIST CHURCH for a Conditional Use
Permit at the southwest intersection of Little Island Road and Bonita Lane on
Lot 16, Section I and at the southwest and northwest intersections of Sandpiper
Road and Bonita Lane on Lots 86-90, Section 2, Tract C, Sandbridge Beach. Said
parcels contain 1.62 acres. PRINCESS ANNE BOROUGH. (Said application was
APPROVED by City Council on March 14, 1988.)
The Health Department has ruled the requirements for the screening cannot be
enforced as the Septic Tank Drain Fields have to be installed in this location.
A sandscape with landscaping on top of it is desired.
ITEM # 30061
Mayor Oberndorf referenced an Ordinance relative Recreational Vehicles.
Councilwoman McClanan advised she will be forwarding a list of items to City
Council Members pertaining to the Recreational Vehicle Ordinance. The
possibility of including some requirements relative parking of the RV's in the
Townhouse and Apartment Categories. There has been discussion with the City
Manager regarding the possibility of utilizing portions of land owned by the
City for RV parking. Councilwoman McClanan would like to change the hours RV's
could be parked on the Driveway back to the original time or longer.
Mayor Oberndorf advised after the recommendations are made relative a proposed
Ordinance, a Committee should be formed comprised of citizens and a series of
PUBLIC HFARINGS scheduled for concerns to be addressed.
ITEM # 30062
Councilman Moss referenced the Southeastern Virginia Planning District
Commission Report relative Toll Roads.
The City Manager advised he had requested copies of the report and same will be
distributed to Members of City Council. Mayor Oberndorf advised Secretary Watts
had indicated the State was unable to develop the funds required by the City
and suggested the City install tolls to fund our own roads. Mayor Oberndorf
advised a commitment has not been made on behalf of the City of Virginia Beach.
ITEM # 30063
Councilman Moss referenced Petition of DOMINION BUILDING CORPORATION for the
discontinuance, closure and abandonment of a portion of Dwyer Road 455.5 feet
Southwest of the intersection with Dam Neck Road, running in a Westerly
direction 2782.7 feet, containing 2.553 acres (PRINCESS ANNE BOROUGH);
Scheduling of Reconsideration of Conditions for October 24, 1988, at 7:00 PM;
AND, RECONSIDERATION of conditions in the application of New Life Presbyterian
Church for a Conditional Use Permit for a church on property located on the
West side of North Landstown Road, 1250 feet more or less South of Holland
Road, containing 6.286 acres (PRINCESS ANNE BOROUGH). APPROVED by City Council
on June 13, 1988. (See Item IIT-F.I.d under PLANNING and Item III-J.1 under NLIW
BUSINESS.)
Councilman Moss believed these items should both be considered under NEW
BUSINESS or under PLANNING. RECONSIDERATIONS should not be separated or treated
differently.
Mayor Oberndorf advised the RECONSIDERATION of conditions in the application of
New Life Presbyterian Church will be MOVED from NEW BUSINESS to the last item
of the PLANNING AGENDA
- 3 -
C 0 U N C I L C 0 N C E R N S
ITEM # 30064
Councilman Moss inquired when the City Council would be receiving a statement
as to the City's Ending Fund Balance. The City Manager will confer with the
Auditors and forward a statement to the City Council.
ITEM # 30065
Councilman Perry referenced a contact by two young men relative sponsorship on
the City Council Agenda concerning the GREEKFEST. Councilman Perry advised he
requested a letter but did not receive one. He was advised the City Council was
going to receive a petition to forbid the GREEKFEST. Councilman Perry believed
the GREEKFEST could be controlled but was not sponsoring anyone on the City
Council AGENDA of September 26, 1988.
ITEM # 30066
Councilman Heischober referenced the letter of September 23, 1988 from J.
Randolph Stokes relative the Ordinance for the discontinuance, closure and
abandonment of a portion of Five Forks Road at the Southwest intersection of
First Court Road and Greenwell Road, running in a Southwesterly direction,
737.53 feet, containing 24,020 square feet, in the petition of CHARLES F.
BURROUGHS, JR. (BAYSIDE BOROUGH). J. Randolph Stokes requested DEFERRAL. The
City Attorney advised Mr. Stokes was the applicant's attorney and Assistant
City Attorney David Hay did recommend the DEFERRAL.
ITEM # 30067
Councilwoman Parker referenced Ordinances to AMEND and REORDAIN the
Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia: Section
203(a)(38) Shopping Center Parking; AND, Section 5A.4(a) - Site Plan
Ordinance Interior coverage requirements of Parking Lot Landscape
Requirements. (See Item III-F.I.n. of the PLANNING AGENDA.) Councilwoman Parker
requested this item be DEFERRED for two weeks to enable further clarification
relative the percentages. Councilwoman McClanan also advised the Ordinance
needs to address the location of the landscaping, as well as the amount. Mayor
Oberndorf requested Councilwoman Parker and Robert Scott draft a Memorandum
relative these concerns.
ITEM # 30068
Councilman Moss advised as there are significant savings this year between what
has been appropriated for CIP Projects versus what was budgeted especially from
Charter Bonds, perhaps a running tab over the course of a year could be
developed. Every six months, the City Council could decide how they wish to
reallocate the debt issued given the unfunded items. Councilman Moss advised
there has been an average of 15% savings on every project funded recently.
ITEM # 30069
Councilwoman Henley referenced AGREEMENTS AND CLARIFICATIONS to the January 22,
1986, AGREEMENT between the City and the School Board: To establish and operate
a Joint Cable Center AND, To create a Joint Cable Center Board. (See Item III-
H.2 of the CONSENT AGENDA.) The City Manger advised he would like to have both
School and City funding under one Budget and then show the sources of funding
as Transfers from each of the Agencies. A specific recommendation has not been
developed. This could be discussed during the formulation of the OPERATING
BUDGET. Councilwoman Henley would prefer not to see all the expenditure for the
Joint Cable just in the City and not reflect applicable expenses in the School
Budget.
TTEM # 30070
Councilman Perry referenced Gracetown, Reedtown and Lake Smith and inquired
whether Reedtown had been rezoned. The City Manager will reassure the residents
of Reedtown that no rezoning could occur unless there is a Public Advertisement
and a Public Hearing followed by the affirmation of the City Council.
- 4 -
M A T T E R S 0 F T H E M A Y 0 R
TTEM # 30071
Mayor Oberndorf advised as there are rather controversial items SCHEDULED for
the City Council Agenda of September 26, 1988, if the Meeting should run past
MIDNIGHT, and with the concurrence of City Council, she will request the
MEETING be RECESSED and RECONVENED the next morning, September 27, 1988. Good
decisions are not made after MIDNTGHT. Mayor Oberndorf requested the
presentations be more succinct.
Council Members Baum, Moss and Parker advised they would be unable to attend
the morning of the Twenty-Seventh.
Councilman Balko concurred with the Mayor's recommendation.
- 5 -
ITEM # 30072
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 26, 1988 at 5:37 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. flenley, 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 # 30073
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 or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Baum, seconded by Councilman Heischober, city
Council voted to proceed into EXECUTTVE 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. 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
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
September 26, 1988
7:00 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 Tuesday,
September 26, 1988 at 7:00 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 Henry Jefferson
St. Mark's AME Church
PLEDGE OF ALLEGIANCE TO THE FLAC OF THE UNITED STATES OF AMERICA
8
Item Ill-D.1
MINUTES ITEM 30074
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of September 19, 1988:
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 III-E.l.a.
CEREMONIAL PRESENTATIONS
RESOLUTIONS IN RECOGNITION TTEM 30075
Mayor Oberndorf was SCHEDULED to present a RESOLUTION in RECOGNITION to:
The Honorable Robert G . Jones
Tidewater Transportation District Commission
Robert G. Jones was unable to attend and the Resolution will be delivered to
him.
This Resolution RECOGNIZED his dedication, commitment and unselfish service as
a Member of the TIDEWATER TRANSPORTATION DISTRICT COMMISSION.
Item III-E.2.a.
PROCLAMATIONS ITEM # 30076
Mayor Oberndorf PROCLAIMD the Month of October 1988 as:
DOWN SYNDROME MONTif
Richard Thereault, President of the Tidewater Down Syndrome Group ACCEPTED this
PROCLAMATION.
This PROCLAMATION recognized there are approximately one-quarter million
families in the United States affected by Down Syndrome. The National Down
Syndrome Congress advises and aids parents in the solutions of their special
needs and to coordinate their efforts and activities.
riartam;uti Lin
WHEREAS, Down Syndrorne is the leading clinical cause of mental re-
tardation; and
WHEREAS, Down Syndrome is a chromosomal disorder which usually causes
delays in physical and intellectual development; and
WHEREAS, approximately 4,000 individuals with Down Syndrome are born each
year in the United States; and
WHEREAS, the exact cause and prevention of Down Syndrome are currently
unknown; and
WHEREAS, women under 35 of age give birth to more than 80% of children
with Down Syndrome; and
WHEREAS, 30 years ago children born with Down Syndrome were
institutionalized; today, it has been found that these children benefit from
lovilng homes, early intervention, special education, appropriate medical care,
and positive public attitudes; and
WHEREAS, there are approximately one-quarter million families in the
United States affected by Down Syndronie; and
WHEREAS, the National Down Syndrome Congress advises and aids parents in
the solutions of their special needs and to coordinate their efforts and
activities; and
WHEREAS, the National Down Syndrorne Congress is the sole organi-zation
dedicated to addressing the social policy issues and conditions that affect the
growth and potential of persons with Down Syndrome; and
WHEREAS, the National Down Syndrome Congress actively promotes public
awareness and a better understanding of Down Syndrome; and
WHEREAS, those born with Down Syndrome or other handicaps are entitled to
the same opportunities available to other citizens of the United States.
NOW, THEREFORE, I, Meyera E. Oberndorf, Mayor of the City of Virginia
Beach do hereby proclaim the month of October 1988 as
DOWN SYNDROME MONTH
in Virginia Beach and urge citizens to support the efforts of the National Down
Syndrome Congress.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
City of Virginia Beach, Virginia, to be affixed this twenty-sixth day of
September, nineteen hundred and eighty-eight.
Me era E. Oberndorf
- 11 -
Item III-E.2.b.
PROCLAMATIONS ITEM # 30077
Mayor Oberndorf PROCLAIMED the week of October 2-8, 1988 as:
MENTAL ILLNESS AWARENESS WEEK
This PROCLAMATION commended the 65,000 member-families of the National Alliance
for the Mentally Ill (NAMI) and the 300 local families who have joined together
to support each other and their loved ones and to educate the American people
on the plight of the mentally ill.
WHEREAS, mental illness is a problem of grave concern and consequence in
American society and is widely, but unnecessarily, feared, and misunderstood;
and
WHEREAS, more than 10 million people in the United States are disabled for
long periods of time by schizophrenia, manic depressive disorders, and major
depression; and
WHEREAS, between 30 and 50 percent of homeless people suffer serious and
chronic forms of mental illness; and
WHEREAS, mental disorders result in staggering economic costs to society,
which are estimated to be in excess of $249 million, and include direct
treatment and support costs, as well as indirect costs, such as lost
productivity; and
WHEREAS, mental illness is an increasingly treatable disability with
excellent prospects for remedy and recovery when properly recognized; and
WHEREAS, appropriate treatment of mental illness is cost effective because
it restores productivity, reduces utilization of other health services, and
lessens social dependence; and
WHEREAS, individuals with mental illnesses and their families have begun
to join self-help groups to combat the unfair stigma of the diseases, support
greater investment in research, and advocate an adequate continuum of care from
hospital to community; and
WHEREAS, unprecedented major research developments in recent years has
added new methods and technology and has led to a wide array of new and more
effective somatic and psychosocial methods of treatment for some of the most
incapacitating forms of mental illness, including schizophrenia, major
affective disorders, phobias, and phobic disorders; and
WHEREAS, serious mental illnesses such as schizophrenia and the major
depressions are now known to be diseases of the brain and not caused by
individual weaknesses or poor family life; and
WHEREAS, persons with mental illness and their families are stigmatized by
the myths and prejudices and surrounding mental illness and are thereby doubly
victimized by the illness.
NOW, THEREFORE, 1, Meyera E. Oberndorf, Mayor of the City of Virginia
Beach do hereby proclaim October 2-8, 1988 as
MENTAL ILLNESS AWARENESS WEEK
in Virginia Beach and commend the 65,000 member-families of the National
Alliance for the Mentally Ill (NAMI) and the 300 local families who have joined
together to support each other and their loved ones and to educate the American
people on the plight of the mentally ill.
Meyera E. Oberndorf
Mayor
- 12 -
Item III-F.I.
PUBLIC HEARING ITEM # 30078
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on;
PLANNING
(a) CHARLES F. BURROUGHS STREET CLOSURE
(b) H. LEON HODGES et al STREET CLOSURE
(c) KOGER PROPERTIES, INC. STREET CLOSURE
(d) DOMINION BUILDING CORPORATION STREET CLOSURE
RECONSIDERATION OF
CONDITIONS
(e) MAC ASSOCIATES CHANGE OF ZONING
CONDITIONAL USE PERMIT
(f) EXXON COMPANY USA CONDITIONAL USE PERMIT
(g) FALSE CAPE ENTERPRISES CONDITIONAL USE PERMIT
(h) PETER SUPRENANT CHANGE OF ZONING/CONDITIONAL
USE PERMIT
(i) McGINNIS REALTY AND DEVELOPMENT CHANCE OF ZONING/CONDITIONAL
COMPANY USE PERMIT
(j) JOHN S. AND EMILY M. HATliAWAY CHANGE OF ZONING
(k) KENNETH A. HALL CHANGE OF ZONING/CONDITIONAL
USE PERMIT
(1) THE SOUTHLAND CORPORATION CONDITIONAL USE PERMIT
(m) COLBY D. REHMERT VARIANCE
(n) CZO AMENDMENTS
Section 203 (a) (38) Shopping Center Parking
Section 5A.4(a) Parking Lot Landscape
Requirements
- 13 -
Item IV-E.I.a.
PUBLIC HFARING
PLANNING TTEM # 30079
The City Clerk referenced letter dated September 23, 1988, from Attorney J.
Randolph Stokes requesting DEFERRAL. (Said letter is hereby made a part of
the record)
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council DEFERRED until the City Council Meeting of October 10, 1988, an
Ordinance for the discontinuance, closure and abandonment of a portion of Five
Forks Road in the petition of CHARLES F. BURROUGHS, JR.
Application of Charles F. Burroughs, Jr., for the
discontinuance, closure and abandonment of a
portion of Five Forks Road beginning at the
southwest intersection of First Court Road and
Greenwell Road and running in a southwesterly
direction a distance of 737.53 feet. Said parcel
is variable in width from 31.70 feet to 33.66 feet
and contains 24,020 square feet more or less.
Plats with more detailed information are available
in the Department of Planning. BAYSIDE 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
"Verbal Aye
- 14 -
Item III-F.I.b.
PUBLIC HEARING
PLANNING ITEM # 30080
Attorney Grover Wright, represented the applicant
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance,
closure and abandonment of a portion of Holly Road in the petition of H. LEON
HODGES, et al.
Application of H. Leon Hodges, Florine W. Johnson,
and W. Shepherd Drewry, Jr., Co-Trustees of the
Estate of Frances McClellan Page for the
discontinuance, closure and abandonment of a
portion of Holly Road beginning at the northern
boundary of 48th Street and running in a
northwesterly direction to the southern boundary of
49th Street. VIRGINIA BEACH BOROUGH.
Voting: 10-1
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, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DIS-
CONTINUING A PORTION OF THAT CERTAIN STREET
OF VARIABI,E WIDTII KNOWN AS IIOLLY ROAD,
LOCATED IN TIIE VIRGINIA BEACH BOROUGH IN TIFE
CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN
ON THAT CERTAIN STREET CLOSURE PLAT AND
PHYSICAL SURVEY, WIIICH IS ATTACIIED liERETO.
WHEREAS, it appearing by affidavit that proper notice has
given by H. Leon Hodges, Florine W. Johnsori, and W. Shepherd Drewry,
Jr., Co-Trustees of the Estate of Frances McClellan Page, that they
would make application to the Council of the City of Virginia Beach,
Virgiyiia, on January 12, 1988, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgmerit of the Council that said street
be discontiriued, closed, arid vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virgiriia Beach,
VirgiTiia tbat the hereinafter described street be discontinued, closed,
and vacated:
All that certain portion of Holly Road (M.B. 5 PT.
2 P. 151) proposed for street closure and shown as
the shaded area orl a certain plat erititled "STREET
CLOStJRE PLAT AND PIIYSICAL SURVEY WESTERN
251 OF LOT 177 LOTS 178 and 179 and the WESTERN
251 OF LOT 204 LOTS 205, 206, 207, and 208 and a
JIB LOT WEST OF LOT 179 HOLLIES M.B.6 P.107
AND LOCATION OF HOLLY RD. AS SHOWN ON MAP OF
LINKIIORN PARK MB 5 PT2 P151 VIRGINIA BEACH
BOROUGH, VIRGINIA BEACH, VA." dated August 17,
1987, revised Oct. 12, 1987, Oct. 20, 1987, and Nov.
13, 1987, and prepared by Gallup Surveyors &
Erigineers, Ltd. There is excepted from tws parcel
that area of 151 larie as shown ori the map of the
Hollies recorded in M.B.6 P.107 which crosses said
area of proposed closure.
Said parcel of land being a portion of Holly Road, as indicated
on that certain plat of property to be vacated which lies between the
north right of way line of 48th Street and the south right of way line
of 49th Street in Virginia Beach, Virginia, which plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 6, at Page 107, and which is made a part hereof by
reference.
SECTION II
A certified copy of this Ordiriarice shall be filed in the Office
of the Circuit Court of the City of VirgiTlia Beach, indexed in the name
of the City of Virgiriia Beach, as grantor.
SECTION Ill
FINAL APPROVAI.: September 26, 1988
Adopted:
This Ordinance shall be effective sixty (60) days from the
date of its adoption.
KECS/7321.4.C
- 15 -
Item IIT-F.l.c.
PUBLIC HEARING
PLANNING ITEM # 30081
Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council
City Council DEFERRED for an additional sixty (60) days Compliance until the
City Council Meeting of November 28, 1988, an Ordinance for the discontinuance,
closure and abandonment of a portion of NEWTOWN ROAD In the petition of KOGER
PROPERTIES, INC.
Application of Koger Properties, Inc., for the
discontinuance, closure and abandonment of a
portion of Newtown Road beginning at a point 140
feet more or less south of Larry Avenue and running
in a southerly direction a distance of 250.8 feet-
more or less. Said parcel contains 6,214 square
feet. BAYSIDE 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
- 16 -
Item III-F.l.d.
PUBLIC HEARING
PLANNING ITEM # 30082
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and requested a one year DEFERRAL. The construction of alternate
Dwyer Road will require more time than a typical condition of a street
closure.
Rod W. Hooper, 713 Bobolink Drive, Phone: 422-6608, registered in favor of the
application and represented Dominion Building Corporation.
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council APPROVED an ADDITIONAL one year DEFERRAL for compliance until the City
Council Meeting of September 25, 1989, of an Ordinance upon application of
DOMINION BUILJ)ING CORPORATION for the discoritinuance, closure and abandonment
of a portion of Dwyer Road.
Application of Dominion Building Corporation for
the discontinuance, closure and abandonment of a
portion of Dwyer Road beginning at a point 455.5
feet southwest of the intersection with Dam Neck
Road and running in a westerly direction a distance
of 2782.7 feet. Said street is 40 feet in width and
contains 2.553 acres. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council @lembers 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.d.(b)
PUBLIC HEARING
PLANNING ITEM # 30083
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council SCHEDULED RECONSIDERATION of a condition in the Ordinance upon
application of DOMINION BUILDING CORPORATION for the discontinuance, closure
and abandonment of a portion of I)wyer Road. (APPROVED, subject to compliance of
conditions on March 9, 1987).
The applicant is requesting RECONSIDERATION of Condition No. 1.
The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance
subject to determination by the City Attorney's
Office.
Developer is dedicating and constructing an alternative right-of-way.
As per request of Councilwoman McClanan, all property owners along Dwyer Road
will be NOTIFIED of the Scheduled RECONSIDERATION
Voting: 10-1
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, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
- 18 -
Ttem III-F.I.e.
PUBLIC HEARING
PLANNING TTEM # 30084
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ALLOWED WITHDRAWAL of Ordinances upon application of MAC ASSOCIATES for
a Change of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MAC ASSOCIATES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5S
TO R-T4
Ordinance upon application of MAC Associates for a
Change of Zoning District Classification from R-5S
Residential Single Family District to R-T4 Resort
Tourist District on the south side of 16th Street,
150 east of Baltic Avenue. Said parcel is located
at 412 16th Street and contains 14,000 square feet.
More detailed information is available in the
Department of Planning. VIRGINIA BEACH BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF MAC ASSOCTATES FOR A
CONDTTTONAL USE PERMTT FOR A CHILD CARE CENTER
Ordinance upon application of MAC Associates for a
Conditional Use Permit for a child care center on
the south side of 16th Street, 150 feet east of
Baltic Avenue. Said parcel is located at 412 16th
Street and contains 14,000 square feet. More
detailed information is available in the Department
of Planning. VIRGINIA BEACH BOROUGli.
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
- 20 -
Item III-F.I.g.
PUBLIC HEARING
PLANNING ITEM # 30086
Attorney R. J. Nutter, represented the applicant, and requested WAIVING the
landscape requirement of Category VI. The applicant wished to place a fence
along the northeasternmost portion of the property in the location of the
tennis courts. Attorney Nutter also requested the curb cuts be increased to
two in the location of the proposed day care center.
Gary Weidner, 913 Los Colonis Drive, Phone: 426-5341, spoke in favor of the
application with conditions. Gary Widener expressed concern relative the curb
cuts, lighting and fencing.
Debra H. Eib, 2404 Tono Court, Phone: 426-7089, President of the Lago Mar Civic
League, registered in favor of the application with conditions but WAIVED her
right to speak. A Letter from Debra Eib was given to Councilwoman McClanan.
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
DEFERRED two (2) weeks until the City Council Meeting of October 10, 1988, an
Ordinance upon application of FALSE CAPE ENTERPRISES for a Conditional Use
Permit. A copy of the proposed SITE PLAN is hereby made a part of the
proceedings.
ORDINANCE UPON APPLICATION OF FALSE CAPE
ENTERPRISES, INC. FOR A CONDITIONAL USE PERMIT FOR
COMMERICAL RECREATIONAL FACILITIES
Ordinance upon application of False Cape
Enterprises, Inc., for commercial recreational
facilities of an outdoor nature on certain property
located on the east side of Las Brisas Drive, 70
feet more or less north of Sandbridge Road. Said
parcel contains 3.31 acres. More detailed
information is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council @lembers 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
CJ
L @,,@i@ZVI@N iM,
u
2 1
Iteifl IIT-F.I.h.
PUBLIC IIEARING
PLANNING ITUI # 30087
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant.
Upon motion by Councilwoman McClanaii, scconded by Councilman Sessoms, City
Council ADOPTED Ordinances ul)on al)plicatioti of PETER SUPRENANT for a Change of
Zoning and Conditioiial Use Perniit:
ORDINANCE UPON APPLICA'I'ION 01,' PETER SUPRENANT FOR A
CIIANGI,' OF ZONING DISTRICT CLASSII-'ICATION Fi@Om A-12
TO B-2 Z09881216
BE IT [IEREBY ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA BEACII, VIRGINIA
Ordiiiaiice upon application of Peter Suprenant for a
Changc of Zoni.iig DistricL C.Lassification from A-12
ApartilienL DistricL Lo B-2 COTRMLIniLy Business
DistricL at Llic norLhwcgL corner of flolland Road
and Arthur Avenue on LoLs 7-10 & 16-20, Block 3,
Pecan Gardens. Said parcel coiitains 22,216 square
feet. PRINCESS ANNE BOROUGII.
A N D,
ORDINANCE UPON APPLICATION OF PETER SUPRENANT FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR
ESTABLISIIMENT R09881169
BE IT HEREBY ORDAINED BY THE COUNCIL OF T[iE CTTY OF VIRGINIA BEACJI, VIRGINIA
Ordinance ul)on apl)licalion of Peter SuprenanL for a
Conditional Use PermiL for an autoniotivc repair
establishment at the northwest corner of Holland
Road aiid Arthur Avenue on Lots 7-10 & 16-20, Block
3, Pecan Gardens. Said parcel. conlains 22,216
square feel. PRINCESS ANNE BOROUGII
The following cotiditioiis shall be required of tlie CONDITIONAL USE PERMIT:
1. In accordance wil[i tlie currenl @laster Street and
Iiighway Plan, a variable widlli riglit-of-way
dedicaLion is required along tlie entire frontage on
flolland Road for an ultiniate six-lane divided
righL-of-way. Approximately twelve feet of riglit-
of-way dedication will be required. The exact
dedication will I)e determined during site plan
review.
2. Standard righl-of-way improventeiits to include
pavenient wideiiing, curb, gutter, sidewalk and
drainage facilities are Lo be constructed along the
frontage of this si.te on Arthur Averiue.
3. Duel ingrcss and egress for the property. Tlie curb
cut on Hollaiid Road is a sliared entrance with the
adjoining parcel to the west.
September 26, 1988
- 22 -
Item III-F.I.h.
PUBLIC HEARING
PLANNING ITEM # 30087 (Continued)
4. The applicant shall comply with the parking lot
landscaping ordinance and has agreed to maintain as
many trees as possible on the site. Landscaping
shall be planted in front of the property, in the
rear and on the sides with appropriate landscaping
around the unit itself. There shall be a fence in
the rear of the property.
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 Twenty-
sixth day of September, Nineteen Hundred and Eighty-eight.
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
- 23 -
ltem III-F.I.i.(a)
PUBLIC HEARING
PLANNING ITEM # 30088
Attorney Grover Wright, represented the applicant
Frank Craddock, 313 and 319 34th Street, Phone: 683-3707, spoke in OPPOSITION.
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
ADOPTED Ordinances upon application of McGINNIS REALTY AND DEVELOPNENT COMPANY
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF McGINNIS REALTY AND
DEVELOPMENT COMPANY FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-12 TO R-T4 Z09881217
BE IT HEREBY ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of McGinnis Realty and
Development Company for a Change of Zoning District
Classification from A-12 Apartment District to R-T4
Resort Tourist District on the north side of 34th
Street, 150 feet west of Pacific Avenue. Said
parcel is located at 307-309 34th Street and
contains 14,000 square feet. More detailed
information is available in the Department of
Planning. VIRGINIA BEACH BOROUGH.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober ' Barbara t@l. Henley, John D. Moss, Mayor
@leyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko and Reba S. McClanan
Council Members Absent:
None
- 24 -
Item III-F.l.i.(b)
PUBLIC HEARING
PLANNING ITEM # 30089
Attorney Grover Wright, represented the applicant
Frank Craddock, 313 and 319 34th Street, Phone: 683-3707, spoke in OPPOSITION.
A MOTION was made by Councilwoman Parker seconded by Councilman Balko to DENY
an Ordinance upon application of McGINNIS REALTY AND DEVELOPMENT COMPANY re
property located on the North side of 34th Street, 150 feet West of Pacific
Avenue (307-309 34th Street), containing 14,000 square feet (VIRGINLA BEACH
BOROUGH): Conditional Use Permit for a home for the aged
A SUBSTITUTE MOTION was made by Councilman Baum, seconded by Councilman Perry
to ADOPT an application of McGINNIS REALTY AND DEVELOPMENT COMPANY re property
located on the North side of 34th Street, 150 feet West of Pacific Avenue
(307-309 34th Street), containing 14,000 square feet (VTRGINIA BEACH BOROUGH):
Conditional Use Permit for a home for the aged.
Voting: 4-7 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum," Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko, Vice Mayor Robert E. Fentress,*'@
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
*Verbal Aye
"*Verbal Nay
- 25 -
Item III-F.I.i.(b)
PUBLIC HEARING
PLANNING ITEM # 30089 (Continued)
Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council
DENIED an Ordinance upon application of McGINNIS REALTY AND DEVELOPMENT COMPANY
for a Conditional Use Permit:
ORDTNANCE UPON APPLICATION OF McGINNIS REALTY AND
DEVELOPMENT COMPANY FOR A CONDTTTONAL USE PERMTT
FOR A HOME FOR THE AGED
Ordinance upon application of McGinnis Realty and
Development Co., for a Conditional Use Permit for a
home for the aged on Lots 4 & 5, Block 108,
Virginia Beach Development Co. Parcel is located at
307-309 34th Street and contains 14,000 square
feet. VIRGINIA BEACH BOROUGH.
Voting: 7-4
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 and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Absent:
None
- 26 -
Item III-F.l.j.
PUBLIC REARING
PLANNING ITEM # 30090
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
A MOTION was made by Councilman Moss, seconded by Councilwoman Parker to DENY
an Ordinance upon application of JOHN S. AND EMILY M. HATHAWAY for a Change of
Zoning District Classification from R-10 Residential District to 0-1 Office
District on property located on the East side of Overland Road, 178.15 feet
South of Amberly Road, at 324 Overland Road, containing 16,552.80 square feet
(KEMPSVILLE BOROUGH)
A SUBSTITUTE MOTION was made by Councilman Perry to ADOPT an Ordinance upon
application of JOHN S. AND EMILY M. HATHAWAY for a Change of Zoning District
Classification from R-10 Residential District to 0-1 Office District on
property located on the East side of Overland Road, 178.15 feet South of
Amberly Road, at 324 Overland Road, containing 16,552.80 square feet
(KEMPSVILLE BOROUGH). MOTION FAILED FOR LACK OF A SECOND.
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council
DENIED an Ordinance upon application of JOHN S. AND EMILY M. HATHAWAY for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF JOHN S. AND EYIILY M.
HATHAWAY FORA CHANGE OF ZONING DISTRTCT
CLASSIFICATTON FROM R-10 TO 0-1
Ordinance upon application of John S. and Emily M.
Hathaway fora Change of Zoning District
Classification from R-10 Residential District to
0-1 Office District on certain property located on
the east side of Overland Road, 178.15 feet South
of Amberly Road. Said parcel is located at 324
Overland Road and contains 16,552.80 square feet.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
Voting: 8-3
Council Members Voting Aye:
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:
Albert W. Balko, John A. Baum and John L. Perry
Council Members Absent:
None
- 27 -
Item TTT-F.I.k.
PUBLIC HEARING ITEM # 30091
PLANNING
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and requested WITHDRAWAL.
Glenn Tainter, represented twelve (12) area Civic Leagues, and was not in
OBJECTION to the WITHDRAWAL.
The following registered in OPPOSTTTON but WAIVED their right to speak:
Betty Wells
Dan Pinto
William Ungvarsky
Bill Smith
John Vogel
Hank Gordner
Ernest H. Leeman
Larry Cottengim
Dean Kent
Edna Grimstead
Chuck Tracy
Shelly Zebrowski
Dave Sage
Patricia Boger
Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City
Council ALLOWED WITHDRAWAL of Ordinances upon application of KENNETH A HALL for
a Change of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF KENNETH A. HALL FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FORM AG-2
TO B-2
Ordinance upon application of Kenneth A. Hall for
a Change of Zoning District Classification from
AG-2 Agricultural District to B-2 Community
Business District on certain property located on
the west side of General Booth Boulevard, 4620 feet
north of London Bridge Road. Said parcel contains
4.6 acres More detailed information is available
in the Department of Planning. PRTNCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF KENNETH A. HALL FOR A
CONDITIONAL USE PERMTT FOR MOTOR VEHICLE SALES AND
SERVTCE ON CERTAIN PROPERTY
Ordinance upon application of Kenneth A. Hall for a
Conditional Use Permit for motor vehicle sales and
service on certain property located on the west
side of General Booth Boulevard, 4620 feet north of
London Bridge Road. Said parcel contains 4.6 acres.
More detailed information is available in the
Department of Planning. PRTNCESS ANNE BOROUGH.
- 28 -
Item III-F.I.k.
PUBLIC HEARING ITEM # 30091 (Continued)
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
Councilman Perry changed his Nay Vote to a Verbal Aye.
- 29 -
Item IIT-F.I.I.
PUBLIC HEARING
PIANNING ITEM # 30092
Attorney James M. Pickrell, 403 Boush Street, Phone: 627-8365, represented the
applicant. Attorney Pickrell referenced letter from John Carter, Division
Manager, dated August 5, 1988, encompassing proffers.
Upon motion by Councilman Perry, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of THE SOUTHLAND CORPORATION for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE SOUTIILAND
CORPORATION FOR A CONDITIONAL USE PERMIT FOR
GASOLINE SALES IN CONJUNCTION WITH ACONVENIENCE
STORE R09881170
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Southland
Corporation for a Conditional Use Permit for
gasoline sales in conjunction with aconvenience
store at the northwest corner of Independence
Boulevard and Pleasure House Road on portions of
Lots 59, 60, 61 & 62A, Shelton Place. Said parcels
contains 46,288 square feet. BAYSIDE BOROUGH.
The following conditions shall be required:
1. One access from Pleasure House Road.
2. One access from Independence Boulevard.
3. Public restrooms shall be provided.
4. The conditional use shall be in accordance with
those restrictions volunteered in the letter dated
August 5, 1988, from John Carter, Division Manager
of Southland, and initialed by a representative of
the Southland Corporation (read into the record by
the Mayor.) There shall be cross access between
parcels A and B.
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 Twenty-
sixth day of September, Nineteen Hundred and Eighty-eight.
- 30 -
Item III-F.I.I.
F'UBLIC HEARING
PLANNING ITEM # 30092 (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
August 5, 1988
The Honorable Meyera E. Oberndorf
Mayor
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
RE: REQUEST FOR CONDITIONAL USE PERMIT
THE SOUTHLAND CORPORATION
Northwest Corner of Independence Boulevard and
Pleasurehouse Road (Robbins Corner, Parcel B)
Dear Mayor Oberndorf:
As a condition of the voluntary granting of the Conditional Use Permit
for gasoline dispensing facilities at the above referenced location, please
consider this correspondence as written docutnentation of Southland's intent
to place certain restrictions on the sale of the subdivided and plated
property (Parcel A) laying directly to the north of Parcel B.
These certain conditions shall include restrictions against the sale of
gasoline and related products, and against convenience or grocery stores
of less than 10,000 square feet.
It is the intent of Southland to review fully any legitimate purchase
proposals for Parcel A for the purpose of promoting the sale of the property
to its' highest and best use. Wi@ c-*6o@
'k @ (S @l
Very urs,
John rc
Divis )n Manager
JC/RC/jcm
- 31 -
Item III-F.I.m.
PUBLIC HEARING ITEM # 30093
PLANNING
Senator Moody Stallings represented the applicant and requested WITHDRAWAL.
Billie L. Mencini (Mr. A. J.), 612 Timberland Trail, Phone: 340-1193,
represented the residents of Timberland Trail, and was not in OPPOSITION to
the WITHDRAWAL.
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
AUOWED WITHDRAWAL of an application of COLBY D. REHMERT for a Variance to
Sections 4.4(b) and 4.4(d) of the Subdivison Ordinance, which require all lots
created by subdivision to meet all requirements of the Zoning Ordinance and to
have access to a public street.
Appeal from Decisions of Administative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Colby D. Rehmert.
Property is located at 627 Timberland Trail. Plats
with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 32 -
Item III-F.I.n.
PUBLIC HEARING ITEM # 30094
PLANNING
Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council
DEFERRED until the City Council Meeting of October 24, 1988.-
Ordinances to AMEND and REORDAIN the Comprehensive
Zoning Ordinance of the City of Virginia Beach,
Virginia:
Section 203(a)(38) - Shopping Center Parking
AND,
Section 5A.4(a) - Site Plan Ordinance - lnterior
coverage requirements of Parking Lot Landscape
Requirements
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 @lembers Voting Nay:
None
Council Members Absent:
None
- 33 -
Item III-G.I.
RESOLUTION ITEM # 30095
The following spoke in favor of OPTION A for the location of the Virginia Beach
Community Center/Bayside:
Dorothy Wells, 524 White Oak Drive, Phone: 497-1120, represented the Council of
Civic Organizations and distributed a data sheet of the various PTA's relative
the Bayside Recreation Center
Lee Banks, 1901 Jack Frost Road, Phone: 464-4023, represented himself
Curtis R. Catron, 1600 Arrowhead Point, Phone: 464-3103, represented
Thoroughgood.
Gillian Mathews, 4609 Curtiss Drive, Phone: 464-0177
Deane Williams, 4220 Sandy Bay Drive, Phone: 464-3388
Judy Connors, 3958 Whispering Oaks Place, Phone: 464-3640
The following spoke in OPPOSTTION to the proposed location:
Dick Biondo, 4501 Delco Road, Phone: 468-2829, represented the Bayville
Park/Bayville Gardens Civic League, and distributed a plat depicting a
proposed location of the Bayside Recreation Center, comprised of 11 acres
fronting on Shore Drive available for sale. (Said map is hereby made a part of
the record.) If this parcel cannot be purchased, the Civic League recommended
OPTION D, Relocation of the Disc Golf Course.
Nannette K. Miller, 4504 Delmar Drive, Phone: 464-5497, represented Bayville
Park/Bayville Gardens Civic League.
Mat Miller, 4504 Delmar Drive, Phone: 464-5497, represented Bayville
Park/Bayville Gardens Civic League.
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council
ADOPTED:
Resolution authorizing and directing the City
Manager to proceed with design of the Virginia
Beach Community Center/Bayside. (SITE A)
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and John L. Perry
Council Members Absent:
None
RESOLUTION
WHEREAS, the current City of Virginia Beach Capital
Improvement Program includes a project identified as Virginia
Beach Community Center/Bayside, and
WHEREAS, in a public referl-ndum held on November 3, 1987,
the citizens of Virginia Beach approved the construction of the
Virginia Beach Community Center/Bayside, and
WHEREAS, vaeious alternative sites have been considered for
the location of the Virginia Beach Community Center/Bayside,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BE()CH, VIRGINIA:
The City Manager of the City of Virginia Beach is hereby
directed to procl-ed with design of the Virginia Beach Community
Center/Bayside, said Community Center to be located at Site A
ADOPTED: September 26, 1988
- 34 -
Item III-H.
CONSENT AGENDA ITEM # 30096
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
AIVPROVED in ONE MOTION Ttems 1, 2, 3 and 4 of the CONSENT AGENDA.
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
- 35 -
Item III-H.I.
CONSENT AGENDA ITEM # 30097
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
RESOLUTIONS IN RECOGNITION
The Honorable ROBERT G. JONES
Tidewater Transportation District Commission
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
RESOLUrIOR IN RECOGNITION
WHEREAS: The histc)ry of America is one of a nation of people
helping otlier people -- joining together to build a better society --
dedication and commitinent;
WHEREAS: life is so unpredictable! No day comes backl Life is
short at bestl That which makes life most worth living is the sure
knowledge that @ ourselves have fulfilled our @rpose, met our
obligation to our fellow citizens and can be satisfied vn have done our
best;
WHEREAS: @e Honorable ROBERT G. JONES served as a Vember of the
TIDEWATER TRANSPORTATION DISTRICT CC[4mISSION from July 1986 thru
August 1988. His dedication, commitment and unselfish service have
involved personal sacrifices anJ inconveniences, not only to himself
but frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, btit more importantly, our successful growth depends upon them.
NOW, THEREFCRE, BE IT RESOLVED: 'Ihat the Virginia Beach City
oc)uncil here assembled this Twenty-Sixth day of Septeinber,
Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia
Beach, expresses deep GRATITUDE and RESPIDCT to;
R 0 B E R T G. J 0 N E S
Given under my hand and seal,
Ma yor
- 36 -
Item IIT-H.2.
CONSENT AGENDA ITEM # 30098
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED:
AGREEMENTS AND CLARIFICATIONS to the January 22,
1986, AGREEMENT between the City and the School
Board:
To establish and operate a Joint Cable Center
AND,
To create a Joint Cable Center Board
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
JOINT CABLE CENTER
JOINT CABLE CENTER BOARD
THIS AGREEMENT, entered Into this day of
1988, by and between the CITY OF VIRGINIA BEACH and Lhe SCHOOL
BOA,RD OF THE CITY OF VIRGINIA BEACH, as political subdivisions of
the Coimnonwealth of Virgiiiia.
W I T N E S S E T H
That for, atid in consideration of, the mutual covenaiits
contained herein, and for other good and valuable consideration,
the City of Virginia Beach and Lhe Scliool Board of the City of
Virginia Beach, pursuant@ to the authority granted in S 15.1-21 of
the Code oE Virgiiiia, as aineiided, do liereby agree to joiiitly
undertake the establistiment and operatioli of a JOINT CABLE CENTER
and the creatioti of a JOINT CABLE CENTER BOARD for the purposes,
and in accordance with ttie terms and conditions, set forth below:
1. Purposes.
a. This Agreement is designed to facilitate management
of the "education access" chaniiel (Cliaiiiiel 28) aild the "local
governineiit access" cliatiliel (Chaiiiiel 2 9 provided to the
aforeineiitioned parties by Cox Cable Virgillia Beach pursualit to
Section 7 of the cable franchise agreement granted to Cox Cable
Virginia Beach by the City of Virginia Beach on May 17, 1976.
b. Said facilitatioii of inanagement sha.11 be
accomplished by the consolidation of funding and personnel, and
the coordination of all televisioii video-related physical
resources to establish a JOINT CABLE CENTER.
C. Ttils Agreeitterit further creates a JOINT CABLE CENTER
BOARD as a separate entity to oversee operations of the JOINT
CABLE CEN'FER. Tlie composition, duties, responsibilities, and
authority of the "Board" stiall be as SOL forlh herein.
2. Terin of Agreeiiieiit.
a. This Agreeinent shall become effective inimediately
upon its approval by both the City Manager and.the Superintendent
of scliools.
b. This Agreement may be terminated at any time by
mutual written agreement of the parties hereto.
3. Cetiter Property.
a. Acquisition.
(i) All physical resources currently located at
tile Joiiit Cable Cetiter atid all lteins acquired Ill tile future
through the Joint Cable Center budget w 1 1 1 be held and
coordinated ttirougli tlie Cetiter . Coorditiatioti of physical
resources is def ined as the authority to determine the
utilizatioii, applicatioii, location, atid disposition of said
resources. Ownership of the physical resources will remain with
the initial purchaser or contributor.
(ii) All future acquisition of television/video-
related equipment will be requested through the Joint Cable
Center budget, to be effective begiiining with the fiscal year
1989/90.
b. Disposition. Upon teriniiiation of this agreeinent
2
by mutual written agreeinent of the parties hereto, all property
held by the Center shall be disposed of as follows:
(1) Property purchased or contributed solely by
the City of Virginia Beach shall revert back to the City.
(ii) Property purchased or contributed solely by
the School Board shall revert back to the School Board.
(iii) Property purchased or contributed by both
parties shall be disposed of:
(a) By sale, as authorized by the Board,
with proceeds being distributed according to a party's pro rata
share of the original purchase or contribution, or
(b) By purchase froin tiie Cetiter by either
party upon payment to the other party of its pro rata share of
ttie depreciated value of the original purchase or colitribution.
(c) Any disputes regarding disposition of
Ceiiter property stiall be subiftitted to tile Board wilose dectsioli
shall be f@inal and binding.
4. t4ature of agreeittelit.
The legal relatiotiship between the parties hereto created by
this Agreeitietit stiall, for the purposes of this Agreeinent, be a
"joiilt venture".
5. Joint Cable Cetiter Board.
a. Composition.
(i) The Board shall be composed of f ive (5)
meiiibers; ttie Director of Public Inforillation Eor the City of
Virginia Beach, the Director of Conunuiiity Relations for the
3
School Board, and three (3) additional persotis, tiot einployees of
either party to this AgreeinenL, who shall be appoinled by the
City Manager aiid the Superititerideiit of Scliools, otieof wtioin stiall
be appointed to serve as Chairperson to the Board.
(ii) Wheitever tliere Is a vacancy oti the Board, Ehe
remaining members of the Board shall recommelid one or more
individuals who are qualified and willing to fill the vacancy.
The Board's recommendation(s) shall be submitted to the City
Manager and the Superintendent of Schools who shall make the
appointineiit to fill the vacancy.
b. Meetings.
(i) The Board shall meet periodically but not
less than once a motith to discuss matters referred to it by the
Ceiiter Adininistrator, the Superiiitendent of Public Scliools,
and/or the City Manager.
(ii) Attendaiice by at least three (3) members of
the Board shall be required before the Board can conduct
busitiess.
C. Duties. It stiall be tile responsibility of the
Board to:
(i) Resolve issues that the Center Adininistrator
is utiable to resolve. in the event that any of ttie parties to
tliis Agreement are uiiwilling to accept or abide by tile decision
of the Center Administrator, said decision may be appealed to the
Board for resolution. All sucli appeals stiall be considered by
the Board, in executive session where applicable by State Code,
4
atid tlie decisloti of tile Board stiall be fitial atid bitiditig. Prior
to the appeal of any issue to the Board, the party involved shall
iiieet witli tlie Center Adiiiiiiistrator aiid atteinpt to resolve the
matter.
(ii) Establish general policy, rules, and
procedures regarding the use of the facilities, equipment, and
persotiiiel which are a part of the Joint @able Center.
(iii) Hire and administer the position of the
Center Adininistrator.
(iv) S u b m I t an a n n u a I r e p o r t t o t h e
Superintendent of Public Scllools and the City Manager regarding
the operation of the Center.
(v) Reconimend the annual budget of the Center
to tlie City Matiager aiid ttie Superintetident of Public Sctlools for
funding.
(vi) Request additional budgetary funding as may
be needed to maintain the ongoing development of the Center, and
(vii) Resolve all matters regarditig Celiter
personnel which cannot be settled by the Center Administrator.
6. Joitit Cable Center Adiiiiiiistrator.
a. Hiring process.
(1) The Board shall cause the position oE "Joint
Cable Center Administrator" to be advertised. ' The Director of
Public Information and the Director of Coinmunity Relations shall
tlien accept atid review applicatiotis for the position, and shall
interview no less than three (3) applicants' that they determine
5
to be tiie most qualified (unless fewer than three applicaiits
apply) After the ltiterview phase of the hiring process, the
Board sliall tilre the cafididate who it deems, iii its discretion,
to be the most qualified.
b. Duties of Center Adinillistrator. It shall be the
duty of the CenLer Adiiiinistrator to:
(1) Insure the ef f icient utilization of the
Center facilities, equipinent, and personnel while meeting the
production needs of the respective Coordinators and producers.
To etiable tile Adiiiitiistrator to ensure said efficiency, the
Adininistrator shall have the authority to deterinine all aspects
of utilization (iiicludiiig but iiot limited to colifiguration,
location, application, and scheduling) of the facilities and
pliysical resources tield by tlie Joiiit Cable Ceiiter.
(ii) Insure that Center facilities, equipment,
atid peisonnel are available for the periods of tiiiie requested and
that all equipment is in good working order when needed. (All
facilities, equipitietit aiid tiecessary persolll)el sliall be available
during all regular City and School work days. The Center
Adiiiinistrator shall coordlilate with other Center persorinel to
insure that sufficient support staff is available on those days
which are holidays for one party but not for the other.)
(iii) Maintain tile City's aiid Scliools' portable
equipment in good working order.
(iv) Provide access to facilities arid equipilielit
during nonworking hours as needed.
6
(v) Insure that all Center facilities are in
good condition to facilitate ease of use.
(vi) Insure efficient and effective broadcast
management of Channels 28 and 29.
(vii) Provide for necessary training to insure that
any personnel ottier than those of the City and School cable units
are adequately qualified prior to their use of loaned Center
equipment and facilities. All production requests must be
submitted through the respective School or City Coordinator, be
subsequently performed during that Coordinator's scheduled time,
and be under the supervision of a Channel 28/Channel 29 Center
staff member.
(viii) Hire all Cable Center personnel other than
those initially transferred from the City and Schools.
(ix) Perform such other duties as shall be
determined by the Board.
(x) Provide consulting/support services to other
City and School departments as requested to the extent that
resources allow.
7. Center Personnel.
All School and City employees "transferred" to the Center
and all personnel (including the Center Administrator) hired by
the Center shall be covered under the City pay plan and shall be
covered under the policies and procedures of merit service.
7
B. Getieral Policies regardilig use of celiter.
Geiieral policies and operating procedures gov erning the use
of all Joitit Cable Ceriter facilities and equipinent shall be
developed by the Center Administrator and shall be approved by
the Board. The developinent of policies and procedures shall
include preliinitiary consultation with the Channel Coordinators,
aiid aiiy procedure linpleitieiited sliall be reviewed periodically as
to its effectiveness.
9. Joint bud t reparation and approval.
Antiual budget.
The annual budget shall be prepared according to
the following guidelities:
(a) Tlie Center Administrator shall prepare
ttie aniiual budget, witti input froni Ceiiter persoiiiiel, aiid. shall
submit it to the Board for review and approval.
(b) Tlie Board stiall review ttie budget alid,
following any changes it has recommended . to the Center
Adiniiiistrator, stiall, upoti approval of the budget, subillit It to
the City Manager and Superintendent of Schools for review and
approval.
(c) The budget shall then be forwarded to
City Council for final approval and adoption.
10. Liability.
Any liability of this joint undertaking shall be divided
equally between ttie participating parties and all settlenients or
judgments In satisfaction of such liability shall be shared
equally by the parties liereta- Notice of all claiiiis shall be
peomptly given by both parties.
IN WITNESS WIIEREOF, ttis partiem liave caused this Agresinglit:
to be executed by their duly authorized officers.
ATTEST:
C @it l@e r
SCIIOOL BOARD-
S erinted@.t Sh..l,
ATTEST:
Clerk of Board
APPROVED'AS TO FORM:
torney
RMB/dga
ititcabl.k
9/12/88
9
- 37 -
Item IIT-H.3.
CONSENT AGENDA ITEM # 30099
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED UPON SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $18,677 from
the United Way of South Hampton Roads for one
position in Department of Social Services to
recruit and train infant day care providers.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heisch6ber, 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 l'O ACCEPT FUNDS IN TIIE AMOUNT OF $18,677
FROM TIIE UNITEI) WAY OF BOUTII IfAMP,roN ROADS
FOR PAYMENT FOR ONE POSITION IN TIIE DEPARTMEN'R OF SOCIAL SERVICES
TO RECRUIT AND TRAIN INFANT DAY CARE PROVIDERS
WliEREAS, the UniLed Way of South Hampton Roads, recognizing the need for day
care services for families with infants, has approved a grant to fully fund one
position in the Virginia Beach Department of Social Services to recruit and train
child day care providers who would care for infants, and
WHEREAS, the United Way has indicated that the funding is for a position
which will be a part of the staff of the DepartmeoL of Social Services, and
WIIEREAS, the position will be filled on or after October 17, 1988, and
WIIEREAS, no inatching fkjnds from the CiLy are reqtjired for Lhis grant,
NOW TI[EREFORE BE IT ORDAINED BY TIJE COUNCIL OF TIIE CITY OF VIRGINIA BEACII,
VIRGINIA that funds in the amount of $18,677 be accepted by the City of Virginia
Beach for a child day care provider development position in the Department of
Social Services for FY 88-89, and
BE IT FURTHER ORDAINED that one full time position be created in the
Department of Social Services to be filled on or after October 17, 1988 and to
continue for the duration of the United Way of South Hampton Roads grant.
This ordinance sliall be effecli@e from Llie date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 26 day of September 1988.
FIRST READING: September 19, 1988
SECOND READING: September 26, 1988
- 38 -
Item III-H.4.
CONSENT AGENDA ITEM # 30100
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED:
LOW BIDS:
S. B. Ballard Construction Company in the amount
of $1,140,000.00 for Boardwalk Revitalization
(CIP 2-048) and Oceanfront Connector Parks (CIP
2-066).
Brown Building Corporation in the amount of
$1,469,000.00 for expansion of Kempsville Area
Library (CTP 3-910).
Crowder Construction Company, Inc. in the
amount of $283,565.50 for construction of Back
Bay Marina Bridge (CTP 2-952).
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
- 39 -
Item III-I.I.
UNFINISHED BUSINESS ITEM # 30101
ADD-ON
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution directing the City Attorney to appeal
the decision of the Circuit Court of the City of
Virginia Beach in the case styled SANDBRIDGE
DEVELOPMENT CORPORATION VS THE CITY OF VIRGINIA
BEACH.
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
1 A RESOLUTION DIRECTING THE CITY ATTORNEY TO
2 APPEAL THE DECISION OF THE CIRCUIT COURT OF
3 THE CITY OF VIRGINIA BEACH IN THE CASE STYLED
4 SANDBRIDGE DEVELOPMENT CORPORATION V. THE
5 CITY OF VIRGINIA BEACH
6
7
8 WHEREAS, the Circuit Court of the City of Virginia
9 Beach has ruled that the city's ordinance rezoning certain
10 property owned by Sandbridge Development Corporation is void; and
11 WHEREAS, the City has been advised by its legal
12 counsel that the City can and should appeal this decision.
13 NOW, THEREFORE, in consideration of the advice of legal
14 counsel the City Council does hereby direct the office of the
15 City Attorney to appeal the decision of the Circuit Court in the
16 case styled Sandbridge Development Corporation v. City of
37 Virginia Beach.
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia, on the 26 day of September 1988.
20
21
22 GLF/epm
23 09/26/88
24 NONCODE\SANBRIDAP.RES
25
- 40 -
Item III-J.1.
NEW BUSINESS ITEM # 30102
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council SCHEDULED RECONSIDERATION of a condition in the application of New Life
Presbyterian Church for a Conditional Use Permit for a church on property
located on the West side of North Landstown Road, 1250 feet more or less South
of Holland Road, containing 6.286 acres (PRINCESS ANNE BOROUGH). APPROVED BY
City Council on June 13, 1988. RECONSIDERATION has been SCHEDULED for the City
Council Meeting of October 24, 1988.
The Condition to be RECONSIDERED:
Category I screening shall be installed along the
boundary of the proposed church building site
adjacent to the R-5D Residential District sites.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
THIS ITEM WAS MOVED FORWARD TO THE LAST ITEM UNDER THE PLANNING AGENDA.
- 41 -
Item III-J.2.
NEW BUSINESS ITEM # 30103
ADD-ON
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council SCHEDULED RECONSIDERATION of conditions in the application of the
TRUSTEES, SANDBRIDGE COMMUNITY CHAPEL UNITED METHODIST CHURCH for a Conditional
Use Permit at the southwest intersection of Little Island Road and Bonita Lane
on Lot 16, Section I and at the southwest and northwest intersections of
Sandpiper Road and Bonita Lane on Lots 86-90, Section 2, Tract C, Sandbridge
Beach. Said parcels contain 1.62 acres. PRINCESS ANNE BOROUGH. (Said
application was APPROVED by City Council on March 14, 1988.) RECONSIDERATION
was SCHEDULED for the City Council Meeting of October 24, 1988.
The Health Department has ruled the requirements for the screening cannot be
enforced as the Septic Tank Drain Fields have to be installed in this location.
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
- 42 -
Item III-J.3
UNFINISHED BUSINESS ITEM # 30104
ADD-ON
The following registered with reference to the GREEKFEST, but did not speak:
E. George Minns, 928 Lamplight Lane, Phone: 468-6479, represented Members of
the Black Community
Jay Junes, 3500 Plaza Trail, Phone: 468-6479, (name on card was not legible -
phone number and address did not correspond with the name and number in the
City Directory; therefore feel one or the other is erroneous)
Jerome C. Ross, 360 North Birdneck Road, Virginia Beach Ministers Forum
Rick Kowalewitch / Bob Hewett, 213 17th Street, Phone: 428-7363
Randy Zeltmann, 200 Broomsedge Court, 468-4228
- 43 -
Item III-K.I.
ADJOURNMENT ITEM # 30105
Upon motion by Vice Mayor Fentress and BY ACCLAMATION, City Council ADJOURNED
the Meeting at 10:43 P.M.
Beve@fy 0. Hooks
Chief Deputy City Clerk
-Xuth Hodg!6s Smith, CITC Mey6ra Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
- 43 -
Item III-K.1.
ADJOURNMENT
ITEM # 30105
Upon motion by Vice Mayor Fentress and BY ACCLAMATION, City Council ADJOURNED
the Meeting at 10:43 P.M.
y O. Hooks
Chief Deputy City Clerk
~~mith, CMC
City Clerk
MMae~o~rra (}~. Oberndorf ~
City of Virginia Beach
Virginia