HomeMy WebLinkAboutJULY 11, 1988
(2 it 'C> 1- @i I - g4 i I -1 i @ 7k 1
"WORLD'S LARGEST RESORT CITY"
CM COUNCIL
MAYOR -- E O@EM@@, Al
VICE MAYOR ROBE.' . 'ENT@. V.,i@@ &-
@ERT W.
JOHN A. MUM, --. @,h
HAROM HEIXH.@EK A,
-A
J.HN D, -,-I@ -1@
NM@ K. -., A,
JOHN L PE-1, @,@
WI@@ D, S@O.@, I.., A,
l@- IIAU. B('-1-
.-,,,IIAI. IF"I'l@
IU.@Y V. WA@S, JR., Ci,, CITY COUNCIL AGENDA VI@@l"A 11@l;IIIA 1111, @.1
1. D@ BIM@S, C,@, .@- (@.) @ll
R@H HO-. -@l-E, Ci@ Cl@@
JULY 11, 1988
ITEM I. COUNCIL CONFERENCE SESSION - Conference Room - 12: NOON
A. CITY COUNCIL CONCERNS
ITEM II. INFORMAL SESSION - Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. RBCESS TO EXECUTIVE SESSION
ITEM III. FORRAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend Robert W. Lawrence, DD
Wycliffe Presbyterian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. SPECIAL SESSION - July 1, 1988
2. INFORMAL & FORMAL SESSIONS - July 5, 1988
E. PUBLIC HEARIEG
1. PLANNING
a. ordinance for the discontinuance, closure and abandonment of a
portion of Brian Avenue beginning at the Northern boundary of
Virginia Beach Boulevard and running in a Northerly direction
to the Southern boundary of Broad Street, being 60 feet in
width and containing 16,828 square feet more or less, in the
petition of Richard C. Fentress (Bayside Borough).
DEFERRED: 8/10/87, 2/22/88 and 5/23/88
Recommendation: FINAL APPROVAL
b. Application of Paul E. Mal-bou and Thomas M. MaDmn for a
Variance to Section 4.5(a) of the Subdivision Ordinance, which
requires land to be set aside for open space and recreational
purposes in residential developments, on property located at
849 and 857 Old Dam Neck Road (Princess Anne Borough).
Recommendation; WITHDRAWAL
C. Application of Edward H. Ledford for a Change of Zonipa
District Classification from A-18 Apartment DiStrict to B-2
Community-Business District on property located 270 feet South
@f Laskin Road beginning at a point 150 feet East of maxey
Drive, containing 10,890 square feet (Lynnhaven Borough).
Recommendation. WITHDRAWAL
d. Application of ADR, Inc. for a Conditional Use Permit for a
recreational facility other than those of an outdoor nature
Tocated 223.99 feet South of Dean Drive, 257.63 feet East of
Lynnhaven Parkway (2644 Barrett Street), containing 1.509 acres
Lynnhaven Borough).
Recommendation: WITHDRAWAL
e. Application of Six of Us, a virginia General Partnership, for a
Conditional Use Permit for an automobile repair establishment
(muffler installation) located on Lot E, Newpoint Shopping
Center (544 Newtown Road), containing 34,848 square feet
(Bayside Borough)
Recommendation: APPROVAL
f. Application of Martin K. Salasky for a Change of Zoning
District Classification from R-5D Residential Duplex District
to B-2 communi B@,Siess District on the West side of
Centerville Turnpike, 1200 feet more or less South of
KeMpsville Road (1977 Centerville Turnpike), containing 2.738
acres (Kempsville Borough).
Recommendation: APPROVAL
g. Application of National Beach Corp. and George F. @ Frances
M. Phillips for a Change of Zoning District Classification from
R-40 Residential DiStrict to A-12 Apartment District, located
at the Northwest orer of Pinewood Drive and Holly Road on
Lots 82 and 83, Linkhorn Park, containing 2.44 acres;
AND,
Application of Hati@l Beach Corp. for a Change of Zoning
DiStrict Classification from R-20 Residential District to A-12
Apartment District, located on the North side of Pinewood
Drive, 270 feet more or less West of Holly Road on Lot 84,
Linkhorn Park, containing 1.886 acres (virginia Beach Borough).
Recommendation: APPROVAL
h. Application of AiRoco Oil Company for a Conditional Use Permit
for gasoline puMRs and car wash in conjui!ction with a
convenience store located at the Northwest corner of London
Bridge Road (relocated) and General Booth Boulevard, containing
43,961.3B square feet (Princess Anne Borough).
Recommendation: DENIAL
i. Application of Virginia Beach Properties, Inc. for a Variance
to Section 4.4(d) of the Subdivision Ordinance, which require
all lots created in a subdivision to have direct access to a
public street, on property located on the North side of Daniel
Smith Road, 100 feet more or less West of Lawrence Drive
(Bayside Borough).
Recommendation: DENIAL
F. RESOLUTIONS/ORDINANCES
1. Resolution to abolish certain advisory Boards, Cowdssions and
Committees of the City of Virginia Beach, Virginia.
2. Resolution to establish a Parks and Recreation Cojmission.
3. Resolution to establish an Advertising Advisory Review Committee.
4. ENCROACEMENT
a. Stephen Y. Yee (Golden Dragon Restaurant)
Existing free-standing and roof signs at 2914 Pacific Avenue
DEFERRED: 6/20/88
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one notion in the form listed. If any item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to ARM and REORDAIN Section 17-19 of the Code of the
City of Virginia Beach, Virginia, re establishing a public law
library and iirposing assessment of additional court costs to
support the library.
2. Ordinance upon FIRST READING to APPROPRIATE funds in the amount of
$68,000 to the Law Library Operating Budget for the expansion of
Wahab Public Law Library hours and increase per case filing fees
from $3.00 to $5.00.
3. Ordinance upon SEMND "MING to APPROPRIATE funds in the amount of
$3,718,500 to Project #3-982 Camp Pendleton Site Acquisition for
approximately 547 acres at the Camp Pendleton Military Reservation.
4. ordinance upon SFCOIID READING to ACCEPT and APPROPRIATE a $4,140
grant from the Virginia Department of Housing and CommUnitY
Development for an emergency shelter program.
5. Ordinance to TRANSFER funds in the amount of $1,000,000 from the
General Fund to the Health Insurance @st Pund for the City's
Health Insurance Program; and, to authorize the City Manager to
execute health care contracts for the fifteen (15) months beginning
October 1, 1988.
6. ordinance appointing viewers in the petition of Signet Enterprises,
Ltd. for the closure of two portions of Thompkins Lane (Kempsville
Borough).
7. LOPF BID to Suburban Grading and Utilities in the amount of
$342,496.60 for reconstruction of Old Great Neck Road at Reagan
Avenue intersection (CIP 2-816).
8. Ordinance authorizing tax refunds in the amount of $736.77
H. UNFINISHED BUSINESS
I. NEW BUSINESS
1. InteriM Financial Statements - July 1, 1987, through May 31, 1988
J. ADJOURNMENT
CITY COUNCIL RECESS
JULY 18 - 31, 1988
Item IV-E.l.
MINUTES ITEM 29767
ADD-ON
Upon motion by Councilwoman Henley, seconded by Vice Mayor Fentress, City
Council DEFERRED until the City Council Meeting of August 8, 1988, the MINUTFS
of the INFORMAL AND FORMAL SESSIONS of the City Council Meeting of July 11,
1988.
The MINUTES shall be restructured eliminating the synopsis of dialog of
speakers in support and opposition. Only official action shall be noted.
(PLANNING ITEMS # 29724 to 29732)
Councilman Moss referenced Ordinances upon application of NATIONAL BEACH
CORPORATION and GEORGE F. AND FRANCES M. PHILLIPS for Changes of Zoning, Page
23, ITEM # 29730. Councilman Moss requested the following verbiage be included
as part of the MOTION for Denial: "There has been no change in Zoning since the
last DENIAL."
Councilwoman Parker noted Item I of the SUMKARY OF COUNCIL ACTIONS (Interim
Financial Statements - July 1, 1987, through May 31, 1988) and advised same was
not RESCHEDULED by a Vote of 8-2. This item shall be CORRECTFD on the
aforementioned summary.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Reba S. McClanan
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 11, 1988
The CITY GOUNCIL CONCERNS 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, July 11, 1988, at 12:00 NOON.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Councilman Harold Heischober (Absent due to illness)
- 2 -
C I T Y 0 0 U N C I L C 0 N C E R N S
ITEM # 29700
Councilman Moss referenced Ordinance appointing viewers in the petition of
Signet Enterprises, Ltd. for the closure of two portions of Thompkins Lane
(Kempsville Borough). (See Item III-G.7 of the CONSENT AGENDA.)
Councilman Moss requested this item be pulled for discussion. Councilman Perry
concurred with Councilman Moss.
ITEM # 29701
Mayor Oberndorf referenced the Resolution to abolish certain advisory Boards,
Commissions and Committees of the City of Virginia Beach, Virginia; Resolution
to establish a Parks and Recreation Commission; and, Resolution to establish an
Advertising Advisory Review Committee. (See IV-F.1/2/3 of
RESOLUTIONS/ORDINANCES.)
Mayor Oberndorf advised she had several concerns which must be resolved prior
to her vote.
ITEM # 29702
Councilman Balko commended Patricia Phillips, Director of Research, relative
her letter with regard to the placement of cities as to their standing as most
desirable places to live.
Mayor Oberndorf advised one of the reporters from THE VIRGINIAN-PILOT was as
enthusiastic as the Mayor when advising on July First the City had moved up in
the standings.
ITEM # 29703
Councilwoman Parker referenced the Sister City Program and advised on Thursday,
September Eighth at 5:30 P.M., there shall be a meeting at the Central Library.
Individuals within the Community shall be contacted who are interested or
dealing in International Affairs. The gentleman who is head of the Sister City
Program from Washington, D.C. will speak to the participants. Councilwoman
Parker has conversed with Paul Swain, who is well versed in Japanese affairs.
ITEM # 29704
Councilwoman Parker referenced the Local Government Advisory Committee of
Chesapeake Bay to which she was APPOINTED. On the weekend of October 28, 29 and
30, 1988, there will be the First Conference of Elected Officials in the
Chesapeake Bay Water5hed at the Resort Conference Center. Representatives from
Maryland, Virginia, Pennsylvania and the District of Columbia will be in
attendance. It is anticipated all three of the Governors plus the Mayor of the
District of Columbia will be present as invitations have been extended.
Individuals on the Local Level will be implementing the proper zoning
procedures and the method of financing. Hopefully these questions and the
resources available will be addressed at the Conference. There is an integral
linkage between what goes on up in the Fall Line up in the mountains.
ITEM # 29705
Councilwoman Parker referenced the City of Economic Entity Conference.
Councilwoman Parker requested the City Manager investigate. She believed a
representative should be in attendance. This seemed to be a rather dynamic
progam.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
ITEM # 29706
Councilman Moss referenced the GOVERNING @lagazine City Council receives and an
article on Page 15 relative "PLANNING - ONE STOP SERVICES". In Charlestown
County, South Carolina they utilize a computer network for "one stop shopping".
As land is owned in the "downtown Pembroke Area", this could be a good site for
a satellite to provide the aforementioned type of services. Asmall amount of
public sector money might provide a big private sector impact. Councilman Moss
requested the City Manager investigate how to make this electronic "one stop
shopping" work.
ITEM # 29707
Councilman Perry referenced an Ordinance upon application of MIDDLETOWN NURSERY
GROWERS, INC. for a Conditional Use Permit for a Bulk Storage Yard ADOPTED by
City Council on July 5, 1988. Councilman Perry inquired as to whether the
applicant had indicated he had a permit for a septic tank. Councilman Perry
indicated other individuals in BURTON STATION TARGET AREA were not allowed
septic tanks. The City Staff will research the VERBATIM of the MINUTES of this
particular item.
- 4 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 29708
The City has endeavored to keep the members of the COMMONWEALTH TRANSPORTATION
BOARD up-to-date relative the City's transportation program.
On Thursday, July 7, 1988, Mayor Oberndorf met with Mayor Leafe of Norfolk, the
City Manager and other staff members to discuss the State's transportation
program in Virginia Beach. Concerns of the City over the Interstate 64
Improvement Project were reiterated relative its three-year dalay in its
schedule. The proposed new Six-Year Plan of the Virginia Department of
Transportation implies thiit the improvements to I-64, to widen it from four to
eight lanes between the Elizabeth River Bridge and the Chesapeake City line,
are going to slip three years in their scheduling. In the meeting with Mayor
Leafe, the City indicated the regional importance of this highway link which he
agreed was important to the region and not just to Virginia Beach. 93,000 cars
per day use this segment of interstate.
The City expressed concern over the somewhat non-sensical rush to complete
Interstate 664 and suggested Mayor Leafe request the VDOT staff to examine the
postponement in the start of construction for some of the $100-MILLTON worth of
connector roads to I-664. Some of these funds might possibly be utilized on
the I-64 segment in the City.
Mayor Leafe expressed confidence that the Commonwealth would identify Federal
discretionary interstate construction funds for this segment so it could be
constructed according to the original schedule. Mayor Leafe advised the
planning and design of the road is not being held up, it is going ahead for I-
64 and that will be on SCHEDULE. Mayor Leafe will personally discuss with
Commissioner Ray D. Pethtel and the other Commissioners relative the
discretionary funds.
One of the several other issues discussed was the delay in the schedule of the
Constitution Drive flyover. The official V-DOT explanation was that they
simply had too much work and this project was delayed accordingly. The need for
advanced right-of-way acquisition was also discussed on this project as well as
others. Mayor Leafe will investigate these problems and keep Virginia Beach
advised.
Mayor Oberndorf advised this was an excellent meeting and was encouraged about
the news of INTERSTATE 64-
The City Manager will keep City Council advised of further developments.
- 5 -
ITEM # 29709
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, July 11, 1988, at 12:15 P-M-
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
- 6 -
ITEM # 29710
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 14ATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. 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. Specific items of business on the City Council agenda that may be
discussed in executive session are the following: G-5-
Upon motion by Councilman Moss, seconded by Councilman Balko, 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, 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:
Harold Heischober
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
July 11, 1988
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday,
July 11, 1988, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
INVOCATION: Reverend Robert W. Lawrence, D.D.
Wycliffe Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item III-C.l.
ANNOUNCEMNTS ITEM 29711
Henry deshields, Director of the Shakespeare by the Sea Festival, as well as
Director of the Play Edmund Ironside, accompanied the two scholars debating
the Edmund Ironside authenticity, Dr. Eric Sams and Timothy Heath.
Dr. Eric Sams, who received his Ph.D from Cambridge University, is an
eminent British Musicologist and cryptographer. He has published several
articles on Shakespeare's early career.
Timothy Heath directed the modern world premier of Edmund Tronside in London
England. Mr. Heath has acted with the National Theatre of Great Britian. He
will be leaving here to make a film with John Hirt.
Mayor Oberndorf recommehded the play highly as she was in attendance "Opening
Night". Mayor Oberndorf presented Dr. Sams and Mr. Heath with the Jefferson
Cup bearing the "City Seal" as well as a tie tac "City Seal".
9
Item III-C.l.
ANNOUNCEMENTS ITEM 29712
The VIRGINIA BF.ACH MUNICIPAL FELLOWS PROGRAM has been in existance since the
1970's. The objective of the program is to provide a work/learning
experience in municipal government for interested college students while
affording the municipality with an opportunity to evaluate future employees.
Mayor Meyera E. Oberndorf recognized the current participants in attendance
at the Formal Session of City Council
Rene Brown Finance Department
Matthew Hayden Parks and Recreation
Carol Haymaker Environmental Management
Terri Jones Public Works
Lisa Kahle General Services
Lisa Roth Planning
James Smith Commonwealth Attorney
Ann Swap Health
Susan Tuttle Economic Development
- 10 -
C I T Y C 0 U N C I L F 0 R M A T
Item III-C-3- ITEM # 29713
Mayor Oberndorf referenced an Ordinance appointing viewers in the petition of
Signet Enterprises, Ltd. for the closure of two portions of Thompkins Lane
(Kempsville Borough). (See Item III-G.7 of the CONSENT AGENDA.)
As per request of Councilman Moss, this item will be pulled for a separate
vote.
Item IIT-C.4. ITEM # 29714
Councilwoman McClanan referenced an Ordinance upon SECOND READING to
APPROPRIATE funds in the amount of $3,718,500 to Project #3-982 Camp Pendleton
Site Acquisition for approximately 547 acres at the Camp Pendleton Military
Reservation. (See Item III-G-3 of the CONSENT AGENDA.)
Councilwoman McClanan advised her vote on this particular will be a VERBAL NAY.
Item III-C-5- ITFA'4 # 29715
Councilwoman McClanan referenced an ADD-ON Item under UNFINISHED BUSINESS.
Item III-C.6 ITEM # 29716
Vice Mayor Fentress advised of an Ordinance creating a Department of Convention
and Visitor Development and to amend Section 2-363 of the Code of the City of
Virginia Beach.
This item will be ADDED/ON under RESOLUTIONS/ORDINAINCES.
Item III-C.7 ITEM # 29717
Councilwoman Henley referenced possible RESCHEDULING of REGULAR SESSIONS Of
CITY COUNCIL.
This item will be added under NEW BUSINESS.
Item III-C.8. ITEM # 29718
Councilwoman McClanan advised the item relative the VIRGINIA BKACH LITTLE
LEAGUE will not be ADDED-ON to today's agenda.
Item III-C.q. ITEM # 29719
Councilwoman McClanan referenced the Resolution to abolish certain advisory
Boards, Commissions and Committees of the City of Virginia Beach, Virginia;
Resolution to establish a Parks and Recreation Commission, and Resolution to
establish an Advertising Advisory Review Committee.
As per request of Mayor Oberndorf, these items will be voted upon for DEFERRAL.
C I T Y C 0 U N C I L F 0 R M A T
(Continued)
Item III-C.10. ITEM # 29720
The City Attorney referenced the Encroachment of Stephen Y. Yee (Golden Dragon
Restaurant) - Existing free-standing and roof signs at 2914 Pacific Avenue.
(See Item III-F-4 under RFSOLUTIONS/ORDINANCES.)
Attorney Frederick Stanti Jr. advised Mr. Yee will comply with the City's Sign
Ordinance. Attorney Frederick Stant advised he was aware the Encroachment would
most probably be DENIED.
Item III-C.11. ITEM # 29721
The City Clerk referenced the application of National Beach Corp. and George F.
and Frances M. Phillips for a Change of Zoning District Classification from R-
40 Residential District to A-12 Apartment District, located at the Northwest
corner of Pinewood Drive and Holly Road on Lots 82 and 83, Linkhorn Park,
containing 2.44 acres; AND, Application of National Beach Corp. for a Change of
Zoning District Classification from R-20 Residential District to A-12 Apartment
District, located on the North side of Pinewood Drive, 270 feet more or less
West of Holly Road on Lot 84, Linkhorn Park, containing 1.886 acres (Virginia
Beach Borough). (See Item III-E.l.g of the PLANNING AGENDA.)
Attorney Moody Stallings had requested this item be DEFERRED due to the absence
of a member of City Council. Opposition to the DEFERRAL was noted. The item
will be heard in the regular order of the AGENDA.
- 12 -
Item III-D.l.
MINUTES ITEM # 29722
ADD-ON
Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council
APPROVED the MINUTES of the SPECIAL SESSION of July 1, 1988 and INFORMAL AND
FORMAL SESSIONS of the City Council Meeting of JulY 5, 1988.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 13 -
Item III-E.
PUBLIC HEARING ITEM # 29723
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
a. RICHARD C. FENTRESS STREET CLOSURE
b. PAUL E. AND TH014AS M. MALBON VARIANCE
c. RICHARD H. LEDFORD CHANGES OF ZONING
d. ADR, INC. CONDITIONAL USE PERMIT
e. SIX OF US CONDITIONAL USE PERMIT
f. MARTIN K. SALASKY CHANGE OF ZONING
g. NATIONAL BEACH CORPORATION AND CHANGE OF ZONING
GEORGE F. AliD FRANCIS M. PHILLIPS
h. AMOCO OIL COMPANY CONDITIONAL USE PERMIT
i. VIRGINIA BFACH PROPERTIES, INC. VARIANCE
- 14 -
Item III-E.l.a
PUBLIC HEARING
PLANNING ITEM # 29724
Attorney Winston Snyder, 2620 Southern Boulevard, Suite 102, Phone: 463-5250,
represented the applicant and advised all conditions have been complied.
Upon motion by Councilman Perry, seconded by Councilman Balko, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance upon application of RICHARD C.
FENTRESS for the discontinuance, closure and abandonment of a portion of Brian
Avenue.
Application of Richard C. Fentress for the
discontinuance, closure and abandonment of a
portion of Brian Avenue beginning at the northern
boundary of Virginia Beach Boulevard and running in
a northerly direction to the southern boundary of
Broad Street. Said parcel is 60 feet in width and
contains 16,828 square feet more or less. BAYSIDE
BOROUGH.
Voting: 7-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan and John D. Moss
Council Members Abstaining:
William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
*Councilman William D. Sessoms, Jr. , ABSTAINED due to possible Conflict of
Interest as informed by the City Attorney.
5
Item III-E.l.b.
PUBLIC HEARING
PLANNING ITEM 29725
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and requested this application be WITHDRAWN.
Upon motion by Councilman Sessoms, seconded by Councilman Balko, City Council
ALLOWED WITHDRAWAL of an application of PAUL E. MALBON AND THOMAS M. MALBON for
a Variance to Section 4.5(a) of the Subdivision Ordinance, which requires land
to be set aside for open space and recreational purposes in residenti,al
developments.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivisions of Paul E. Malbon and
Thomas M. Malbon. Property is located at 849 and
857 Old Dam Neck Road. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum,* Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
*Verbal Aye
- 16 -
Item III-E.l.c.
PUBLIC HEARING
PLANNING ITEM # 29726
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of EDWARD H. LEDFORD for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF EDWARD H. LEDFORD FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-
18 TO B-2
Ordinance upon application of Edward H. Ledford for
a Change of Zoning District Classification from A-
18 Apartment District to B-2 Community-Business
District on certain property located 270 feet south
of Laskin Road beginning at a point 150 feet east
of Maxey Drive. Said parcel contains 10,890 square
feet. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. Mcclanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 17
Item III-E.l.d.
PUBLIC HEARING
PLANNING ITEM # 29727
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of ADR, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ADR, INC. FOR A
CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY
Ordinance upon application of ADR, Inc. for a
Conditional Use Permit for a recreational facility
other than those of an outdoor nature on certain
property located 223-99 feet south of Dean Drive,
257.63 feet east of Lynnhaven Parkway. Said parcel
is located at 2644 Barrett Street and contains
1.509 acres. Plats with more detailed information
are available in the Department of Planning.
LYNNHAVEN BOROUGH.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, 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:
Harold Heischober
- 18 -
Item III-E.l.e.
PUBLIC HEARING
PLANNING ITEM # 29728
Howard Martin, 1640 Sovran Center, represented the applicant
Upon motion by Councilman Perry, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of SIX OF US, a Virginia General
Partnership for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SIX OF US, A VIRGINIA
GENERAL PARTNERSHIP FOR A CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE REPAIR ESTABLISHMENT (MUFFLER
INSTALLATION) R07881158
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Six of Us, a Virginia
General Partnership for a Conditional Use Permit
for an automobile repair establishment (muffler
installation) on Lot E, Newpoint Shopping Center.
Said parcel is located at 544 Newtown Road and
contains 34,848 square feet. BAYSIDE BOROUGH.
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 Eleventh
day of July, Nineteenth Hundred and Eighty-eight.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- ig -
Item III-E.l.f.
PUBLIC HEARING
PLANNING ITEM # 29729
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Verna Diaz, 1948 Kempsville Road, Phone: 479-1255, adjacent property owners,
indicated she and the other neighbors were not in OPPOSITION.
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of MARTIN K. SALASKY for a Change of
Zoning District Classification:
ORDINANCE UPON APPLICATION OF MARTIN K. SALASKY FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
5D TO B-2 Z07881209
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Martin K. Salasky for
a Change of Zoning District Classification from R-
5D Residential Duplex District to B-2 Community-
Business District on the west side of Centerville
Turnpike, 1200 feet more or less south of
Kempsville Road. Said parcel is located at 1977
Centerville Turnpike and contains 2.738 acres.
More detailed information is available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The internal property line shall be vacated prior
to the changing of the official zoning maps.
2. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
3. Not more than one (1) curb cut each on Centerville
Turnpike and Kempsville Road.
4. Category IV Screening shall be installed on the
northwest and western boundaries of the property.
5. Any Delivery Ramps or delivery along the backside
of the property will be buffered sufficiently from
the streets.
6. The Dumpster shall be located away from the
residential neighborhood.
7. The adjacent property owners shall be afforded
ingress and egress to this parcel's curb-cuts,
with reciprocal access if the adjacent property
owners allow this parcel ingress and egress thru
their curb cuts.
- 20 -
Item III-E.l.f.
PUBLIC HEARING
PLANNING ITEM # 29729 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of July, Nineteenth Hundred and Eighty-eight.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 21 -
Item III-E.l.g.
PUBLIC HFARING
PLANNING ITEM # 29730
The following spoke in support of the application:
Attorney Moody E. Stallings, Jr., Post Office Box 269, Phone: 439-1221,
represented the applicant.
OPPOSITION:
Attorney R. J. liutter, II, 2809 South Lynnhaven Road, Suite 230, Phone: 431-
3100, represented residents of Linkhorn Park and presented a list of residents
in OPPOSITION.
William H. Jennings, 927 Holladay Point, Phone: 428-9116, member of Linkhorn
Civic League.
Gale Goss, 502 West Holly Road, Phone: 922-2807
Alfred L. Wood, 172 Pinewood Road, Phone: 428-3390, registered in OPPOSITION
but WAIVED right to speak.
Thomas J. McGarvey, 3408 Holly Road, Phone: 428-7253, registered in OPPOSITION
but WAIVED right to speak.
Maurice G. Jackson, 1125 Ditchley Road, Phone: 428-1470 - President Bay
Colony/Cavalier Park Community League and President of the Virginia Beach
Beautification Commission.
A MOTION was made by Councilman Perry, seconded by Vice Mayor Fentress at the
beginning of the City Council Meeting prior to the PLANNING ITEMS to DEFER an
Application of National Beach Corp. and George F. and Frances M. Phillips for a
Change of Zoning District Classification from R-40 Residential District to k-12
Apartment District, located at the Northwest corner of Pinewood Drive and Holly
Road on Lots 82 and 83, Linkhorn Park, containing 2-44 acres; AND, Application
of National Beach Corp. for a Change of Zoning District Classification from R-
20 Residential District to A-12 Apartment District, located on the North side
of Pinewood Drive, 270 feet more or less West of Holly Road on Lot 84, Linkhorn
Park, contai,ning 1.886 acres (Virginia Beach Borough).
Voting: 2-8 (MOTION FAILED DUE TO NEGATIVE VOTE)
Council Members Voting Aye:
Vice Mayor Robert E. Fentress and John L. Perry
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Member8 Absent:
Harold Heischober
- 22 -
Item III-E.l.g.
PUBLIC HEARING
PLANNING ITEM # 29730 (Continued)
A MOTION was made by Vice Mayor Fentress, seconded by Councilman Perry to ADOPT
an Application of National Beach Corp. and George F. and Frances M. Phillips
for a Change of Zoning District Classification from R-40 Residential District
to A-12 Apartment District, located at the Northwest corner of Pinewood Drive
and Holly Road on Lots 82 and 83, Linkhorn Park, containing 2.44 acres; AND,
Application of National Beach Corp. for a Change of Zoning District
Classification from R-20 Residential District to A-12 Apartment District,
located on the North side of Pinewood Drive, 270 feet more or less West of
Holly Road on Lot 84, Linkhorn Park, containing 1.886 acres (Virginia Beach
Borough) with conditions.
Upon SUBSTITUTE MOTION by Councilman Moss, seconded by Councilwoman Parker,
City Council DENIED Ordinances upon application of NATIONAL BEACH CORPORATION
and GEORGE F. AND FRANCES M. PHILLIPS for Changes of Zoning. This DENIAL is
based upon the Comprehensive Plan that this site is suitable for future
residential development that is compatible with the existing zoning and that
established single family residential use should be preserved in the Bay Colony
and Linkhorn Park area. No Zoning changes have taken place since the last
DENIAL.
ORDINANCE UPON APPLICATION OF NATIONAL BEACH
CORPORATION AND GEORGE F. & FRANCES M. PHILLIPS FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
40 TO A-12
Ordinance upon application of National Beach
Corporation and George F. & Frances M. Phillips for
a Change of Zoning District Classification from R-
40 Residential District to A-12 Apartment District
at the northwest corner of Pinewood Drive and Holly
Road on Lots 82 and 83, Linkhorn Park. Said parcel
contains 2.44 acres. VIRGINIA BEACH BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF NATIONAL BEACH
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-20 TO A-12
Ordinance upon application of National Beach
Corporation for a Change of Zoning District
Classification from R-20 Residential District to
A-12 Apartment District on the north side of
Pinewood Road, 270 feet more or less west of Holly
Road on Lot 84, Linkhorn Park. Said parcel contains
1.886 acres. VIRGINIA BEACH BOROUGH.
- 23 -
Item III-E.l.g.
PUBLIC HEARING
PLANNING ITEM # 29730 (Continued)
Voting: 7-3
Council Members Voting Aye:
Albert W. Balko, Barbara M. Heniey, Reba S. McClanan,
John D. Moss, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress and John
L. Perry
Council Members Absent:
Harold Heischober
- 24 -
Item III-E.l.h.
PUBLIC HEARING
PLANNING ITEM # 29731
Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented the
appli.cant.
Robert M. Stanton, 4141 First Court, represented Goodman-Segar-Hogan.
OPPOSITION:
Fred Schmitt, 2037 Grey Fox Lane, Phone: 468-4669, represented the Hunt Club
Forrest Civic Association.
Betty C. Wells, 2180 Rosewell Drive, Phone: 427-3619, represented the Red Mill
Farms Civic Association.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, represented himself.
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council DENIED Ordinance upon application of AMOCO OIL COMPANY for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF AMOCO OIL COMPANY FOR
A CONDITIONAL USE PERMIT FOR GASOLINE PUMPS, CAR
WASH IN CONJUNCTION WITH CONVENIENCE STORE
Ordinance upon application of Amoco Oil Company for
Conditional Use Permit for gasoline pumps, car wash
in conjunction with convenience store on certain
property located at the northwest corner of London
Bridge Road (relocated) and General Booth
Boulevard. Said parcel contains 43,961-38 square
feet. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
Voting: 7-3
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, John L. Perry and William D. Sessoms,
Jr.
Council Members Absent:
Harold Heischober
- 25 -
Item III-E.l.i.
PUBLIC HEARING
PLANNING ITEM # 29732
Carl Kindred, 1213 Laskin Road, Suite 104, Phone: 428-2662, President and
Secretary of Virginia Beach Properties, Inc., represented the applicant.
Sadye R. Shaw, 5569 Daniel Smith Road, Phone: 497-5435, President of the
Newsome Farm Civic League, spoke in OPPOSITION.
Upon motion by Councilman Perry, seconded by Councilman Balko, City Council
DENIED an application of VIRGINIA BFACH PROPERTIES, INC. for a Variance in
Section 4.4(d) of the Subdivision Ordinance which requires all lots created in
a subdivision have access to a public street. The applicant has failed to meet
the hardship test.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Virginia Beach
Properties, Inc. Property is located on the north
side of Daniel Smith Road, 100 feet more or less
west of Lawrence Drive. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 26 -
Item II-F.1/2/3-
RESOLUTIONS/ORDINANCES IT@M # 29733
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council DEFERRED until the City Council Meeting of August 1, 1988:
Resolution to abolish certain advisory Boards,
Commissions and Committees of the City of Virginia
Beach, Virginia.
Resolution to establish a Parks and Recreation
Commission.
Resolution to establish an Advertising Advisory
Review Committee.
Voting; 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress*, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
*Verbal Aye
- 27 -
Item IV-F.1.4.
RESOLUTIONS/ORDINANCE ITEM # 29734
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council DENIED the Encroachment of STEPHEN Y. YEE (GOLDEN DRAGON RESTAURANT)
for existing free-standing and roof signs at 2914 Pacific Avenue
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 28 -
Item III-F-5.
RESOLUTIONS/ORDINANCES ITEM # 29735
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance creating a Department of Convention and
Visitor Development and to amend Section 2-363 of
the Code of the City of Virginia Beach.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 AN ORDINANCE CREATING A DEPARTMENT
2 OF CONVENTION AND VISITOR
3 DEVELOPMENT AND TO AMEND SECTION 2-
4 363 OF THE CODE OF THE CITY OF
5 VIRGINIA BEACH
6
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That Section 2-363 of the Code of the City of Virginia
11 Beach, Virginia, is hereby amended, and Section 2-440 through 2-
12 443 are hereby created and read as follows:
13
14 Section 2-363. General duties of the Department of Economic
15 Development.
16
17 The department of economic development shall be
18 responsible for the following general duties, including any other
19 duties which may be required, assigned, or prescribed:
20
21 @f--and
22
23
24 fnaintenance- and
25 parking--
26
27 aftd-concession-operatitnsT--All-rRanies-received-frefft-departmental
28 -dttring
29
30 f2t(l) Business retention and expansion on a citywide
31 basis, including, but not limited to, industrial and commercial
32 solicitations and locations, development and coordination of
33 advertising programs, coordination and development of industrial
34 parks and facilities in conjunction with the Virginia Beach
35 Development Authority, and promotion of port, inlet, and airport
36 facilities;
37 f3t-- itoL--i:imi:ted
38 teT- -and--t-h-e- @-the
39 hattsing-of-convention-clelegatesT
4 0 f4t(2) Agricultural economic coordination, including,
41 but not limited to, liaison duties between the departments of
42 economic development and agriculture to insure and improve
43 agriculture's posture in the city's economic mix.
44
45 Article XXI Department of Convention and Visitor Development
46
47 Section 2-440. Creation.
48 There is hereby created a department of convention and
49 visitor development.
50
51 Section 2-441. Office of director created; general duties of
52 director.
53
54 There shall be a director of the department of
55 convention and visitor development whose duties shall be as
56 prescribed by the Charter or ordinance or by order of the city
57 manager.
58
59 Section 2-442. General duties of the department of convention
60 and visitor development.
61
62 The department of convention and visitor development
63 shall be responsible for the following general duties, including
64 any other duties which may be required, assigned or prescribed:
65 (1) Travel and tourism, including, but not limited to,
66 the solicitation of tourist attractions, the development of and
67 coordination of advertising programs, solicitation of activities
68 and events appropriate for departmental facilities, the
69 operation, maintenance and management of departmental event
70 facilities and parking lots , establishing and enforcing
71 reasonable rules and regulations, as well as revenue and cost
72 analysis, fee standards, and concession operations. All monies
73 received from departmental event facilities and related
74 operations during each fiscal year shall be paid into the
75 general fund, All monies received from parking lots shall be
76 paid into the general fund or such other fund as determined by
77 city council.
2
7 8 ( 2) Convention promotion, including, but not limited
79 to, the solicitation of conventions and the coordination the
80 housing of convention deleqates.
81
82 Section 2-443. Advertising program.
83 The department of convention and visitor development
84 shall develop an advertising program and shall have the orit
85 to expend such funds as the city may appropriate to promote the
86 increase of travel, tourism and conventions within the city.
87
88 Adopted by the Council of the City of Virginia
89 Beach, Virginia, on 11 day of July 1988.
90
91
92 KJC/epm
93 07/06/88
94 07/08/88
95 CA-02830
96 \ordin\proposed\02-363ETC.PRO
3
- 29 -
Item III-G.
CONSENT AGENDA ITEM # 29736
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVFD in ONE MOTION Items, 1, 2, 3, 4, 5, 7 and 8 of the CONSENT AGENDA.
Item III-G.6 was pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan,* John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
*Councilwoman Reba S. McClanan voted a VERBAL NAY on Item III-G.3.
- 30 -
Item III-G.1
CONSENT AGENDA ITEM # 29737
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 17-19 of
the Code of the City of Virginia Beach, Virginia,
re establishing a public law library and imposing
assessment of additional court costs to support the
library.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
SIGN
DEPARTMENT
APPROVED AS TO LEGAL
1 ANCE TO AMEND AND REORDAIN
2 SECTION 17-19 OF THE CITY CODE OF
3 THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO
5 ESTABLISHED; IMPOSITION OF
6 ASSESSMENT OF ADDITIONAL COURT
7 COSTS TO SUPPORT LIBRARY
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That Section 17-19 of the Code of the City of Virginia
11 Beach, Virginia, is hereby amended and reordained to read as
12 follows:
13 Section 17-19. Established; imposition of assessment of
14 additional court costs to support library.
15 (a) Pursuant to section 42.1-70 of the Code of
16 Virginia, the city hereby creates and establishes a public law
17 library and, for the support thereof, does hereby impose and
18 provide an assessment as part of the costs incident to each civil
19 action filed in the courts located within the boundaries of the
20 city in the sum of five dollars ($5.00) for
21 each civil action so filed.
22 (b) The assessment provided for herein shall be in
23 addition to all other costs prescribed by law, but shall not
24 apply to any action in which the commonwealth or any political
25 subdivision thereof or the federal government is a party, and in
26 which the costs are assessed against the commonwealth, any
27 political subdivisions thereof or the federal government.
28
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia on -I,Ith day of J-uly
1988.
31 CJS/epm
32 07/06/88
33 CA-0
34 \ordin\proposed\17-019.pro
BREAKDOWN OF EXPENDITURES
FOR WAHAB PUBLIC LAW LIBRARY EXPANDED HOURS
PERSONAL SERVICES
01130 Professional Salaries $1,967
01150 Technical Salaries 5,928
01170 Clerical Salaries 4,859
$ 12 , 7 5 4
FRINGE BENEFITS
02101 FICA $ 958
02201 Retirement 239
02302 Life Insurance 21
$1,218
INTERNAL SERVICES
04401 Print Shop Charges $ 600
$ 60 0
OTHER CHARGES
05203 Telecommunications $ 500
05412 Books and Subscriptions 47,028
$ 47 , 528
CAPITAL OUTLAY
07302 Furniture and Fixtures $5,900
$ 5 , 9 00
TOTAL EXPENDITURES $68,000
- 31 -
Item III-G.2.
CONSENT AGENDA ITEM # 29738
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED upon FIRST RFADING:
Ordinance to APPROPRIATE funds in the amount of
$68,000 to the Law Library Operating Budget for the
expansion of Wahab Public Law Library hours and
increase per case filing fees from $3.00 to $5.00.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
AN ORDINANCE TO APPROPRIATE FUNDS IN THE
AMOUNT OF $68,000 TO THE LAW LIBRARY OPERATING
BUDGET FOR THE EXPANSION OF WAHAB LAW LIBRARY HOURS
WHEREAS, the Wahab Law Library is presently open 40
hours per week for the general public, and
WHEREAS, by city code the law library is funded through
the assessment of monies from the fees for each civil action
filed in the courts of the City of Virginia Beach, and
WHEREAS, 17 additional law library hours per week have
been requested to make the law library more convenient to the
general public, and
WHEREAS, the senate house bill 235 in the Code of
Virginia has been amended to allow localities $5.00 from the fees
for each case filed instead of $3.00, and
WHEREAS, the $2.00 increase in the assessment rate will
generate approximately $68,000 in additional revenue, and
WHEREAS, the additional revenue will be used to fund
the expansion in law library hours, first year costs associated
with the expansion and to offset any law library costs funded by
the General Fund, and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of
$68,000 are hereby appropriated from anticipated law library
revenue assessments to the LaW Library Fund for the expansion of
law library hours and other related costs.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of 1988.
First Reading; July 11, 1988
- 32 -
Item III-G.3.
CONSENT AGENDA ITEM # 29739
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED upon SECOND RFADING:
Ordinance to APPROPRIATE funds in the amount of
$3,718,500 to Project #3-982 Camp Pendleton Site
Acquisition for approximately 547 acres at the Camp
Pendleton Military Reservation.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan*
Council Members Absent:
Harold Heischober
*Verbal Nay
AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOIJNT OF $3,718,500
TO PROJECT #3-982 CAMP PENDLETON SITE A@UISITION AND
TRANSFER FUNDS IN TIIE AMOUNT.OF $1,000,000 TO PROJECT #3-982
FOR THE PURPOSE OF ACQUIRING LAND AT CAMP PENDLETON
WHEREAS, the City of Virginia Beach has been leasing approximately 415 acres
of land at the Camp Pendleton Military Reservation for a variety of public uses,
and
WHEREAS, the City desires to acquire an additional 132 acres of Camp
Pendleton land for an additional 18 hole golf course, and
WHEREAS, the Commonwealth has declared these properties surplus and has
allowed the City the first opportunity to purchase these properties, and
WHEREAS, the City has agreed to acquire the surplus land at Camp Pendleton
from the Commonwealth for $4,718,500, and
WHEREAS, $1,000,000 is due at closing with five equal payments of $743,700
to be due on July 1 of the next five years beginning 1989, and
WHEREAS, funding for the initial payment is available from appropriations in
the General Debt Fund and project #4-914 Red Wing Golf Course with additional
funding for the annual payments to be provided by proceeds fr6m financing from
the Commonwealth.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that funds in the amount of $3,718,500 are hereby appropriated to
project #3-982 Camp Pendleton Site Acquisition for the acquisition of
approximately 547 acres of land at the Camp Pendleton Military Reservation, and
BE IT FURTHER ORDAINED, that this appropriation be offset by an increase of
$3,718,500 from the proceeds of financing from the Commonwealth, and
BE IT FURTHER ORDAINED, that funds are hereby transferred in the amount of
$1,000,000 to project #3-982 Camp Pendleton Site Acquisition with $750,000 from
the General Debt Fund and $250,000 from project #4-914 Red Wing Golf Course
respectively.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
11 day of July 1988.
First Reading: July 5, 1988
July 11, 1988
Second Reading:
- 33 -
Item III-G.4.
CONSENT AGENDA ITEM # 29740
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED upon SECOND RFADING:
Ordinance to ACCEPT and APPROPRIATE a $4,140 grant
from the Virginia Department of Housing and
Community Development for an emergency shelter
program.
Voting: 10-0
Council Members Voting Aye;
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
ORDINANCE TO ACCEPT AND APPROPRIATE $4,140
FROM THE VIRGINIA DEPARTMENT OF HOUSING AND CO@iblUNITY DEVELOPMENT
FOR AN EMERGENCY SHELTER PROGRAM
WHEREAS, the Stewart B. McKinney Homeless Assistance Act,
enacted by the Congress on July 22, 1987, provides $50 million
nationwide for an emergency shelter grants program; and
WHEREAS, this program provides grants to localities to
support homeless shelter programs and support services within
their boundaries; and
WHEREAS, there is a need to provide shelter and support
services for the homeless in Virginia Beach; and
WHEREAS, the U.S. Department of Housing and Urban
Development through the virginia Department of Housing and
Community Development has informed the City that $4,140 has been
allocated to the City of Virginia Beach for such homeless
assistance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that a grant of $4,140 from the Virginia
Department of Housing and Development for emergency shelter
programs is accepted.
BE IT FURTHER ORDAINED that funds in the amount of $4,140
are appropriated to the Virginia Beach Department of Housing and
Community Development for a pass-through to Samaritan House, a
private non-profit agency, who will provide services to the
homeless.
BE IT FURTHER ORDAINED that the City of Virginia Beach will
comply with all requirements of this program of the Virginia
Department of Housing and Community Development.
Adopted by the Council of the City of Virginia Beach on
day of July 1 1988.
First Reading: July 5, 1988
,@e July 11, 1988
Et4:p
- 34 -
Item III-G.5.
CONSENT AGENDA ITEM # 29741
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER funds in the amount of
$1 000,000 from the General Fund to the Health
Insurance Trust Fund for the City's Health
Insurance Program; and, to authorize the City
Manager to execute health care contracts for the
fifteen (15) months beginning October 1, 1988.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
AN ORDINANCE TO TRANSFER
FUNDS OF $1,000,000 FOR TaE
CITY'S HEALTH INSURANCE PROGRAM
AND TO AUTHORIZE THE CITY MANAGER
TO EXECUTE HEALTH CARE CONTRACTS
FOR THE 15 MONTHS BEGINNING
OCTOBER 1, 1988.
WHEREAS, the city has received new fifteen month health
insurance rates from HMO+Plus, Equicor, and Commonwealth Health
Alliance (CHA) for the period October 1, 1988 through January 1,
1990, and
WHEREAS, the committee has recommended for the
indemnity type CHA coverage a plan of self-insurance in lieu of
the cost of reinsurance (excess insurance) in order to reduce the
proposed monthly premiums and
WHEREAS, in order to establish the self-insurance fund
in lieu of paying the cost of reinsurance, it is proposed to
transfer $1,000,000 to the Health Insurance Trust Fund with
monthly premiums of CHA subscribers set sufficient to repay this
amount over the next five years
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $1,000,000 be transferred from
available cash in the General Fund to the Health Insurance Trust
Fund to provide self-insurance for the employee indemnity health
plan. This inter-fund loan is to be repaid to the General Fund
over the next five years from CHA premium revenues.
BE IT FURTHER ORDAINED, that the health care contracts
with HMO+Plus, Equicor and Commonwealth Health Alliance and the
dental contract with Prudential for the fifteen month period
beginning October 1, 1988 are hereby approved and the City
Manager is hereby authorized to execute the contracts.
Adopted by the Council of the City of Virginia Beach on
the 11 day of July 1988.
STAFF RECOMMENDATION FOR CITY INDEMNITY PLAN
ADMINISTERED BY COMMONWEALTH HEALTH ALLIANCE
JULY 11, 1988
As with many of our sister cities, Virginia Beach has been
forced to deal with spiraling medical costs and escalating group
health insurance rates. In an effort to identify employee
concerns and deal with the problems of the group health program,
the city employed the services of the Wyatt Company. This report
was previously furnished to City Council.
As council is aware, we successfully negotiated a 3-month
extension of the contracts with HMO + Plus, Equicor and
Prudential. we also obtained rate quotations for 15-month
contracts from October 1, 1988 to January 1, 1990. The quotes
submitted by HMO + Plus and Equicor were comparable with 12-month
re-rates proposed in the Tidewater area and were therefore
considered acceptable. However, the rates submitted by
Commonwealth Health Alliance (CHA) for the self-funded indemnity
type plan were extremely high and noncompetitive. The
reinsurance rates (premiums paid for excess insurance to protect
plan from large claims) and the claims factors were considered
excessive and would have adversely affected our ability to
maintain the minimum number of participants required to offer
this plan. The reinsurance rate quoted would have resulted in a
cost of approximately one half million dollars for one million
dollars coverage for the contract period.
in order to continue to offer an indemnity type plan,
several options were studied. Based on this study, it is
recommended that the city maintain the current plan design.
However it is further recommended that the reinsurance not be
renewed and that a $1,000,000 transfer be made from the general
fund to the health insurance fund. Rates would be established to
repay the transfer through premium charges at $200,000 each year
for a five year period. By accomplishing this, the family rate
would be reduced 26% from that quoted by the reinsurer, or $67.57
per month. By doing so, the city will be able to establish its
own rates which would provide adequate funding and be both
competitive with other carriers and more affordable to the
employees. We will continue to pursue placement of appropriate
reinsurance. Obtaining such coverage would allow for the early
transfer of the remainder of the one million dollars to the
general fund.
- 35 -
Item III-G.6.
CONSENT AGENDA ITEM # 29742
Earl H. Russell, Phone: 420-4437, spoke in OPPOSITION and represented the
citizens of Thompkins Lane.
Booker T. Smith, 951 Whitehurst Landing Road, Phone: 420-2582, registered in
OPPOSITION, but WAIVED his right to speak.
Councilman Moss advised on May 23, 1988, the City Council DENIED the Street
Closure of Thompkins Lane upon application of SIGNET ENTERPRISES, INC. The
applicant had requested WITHDRAWAL of the application. Councilman Moss had
inquired at the time whether the applicant intended to return for a partial
closing. City Council was not inclined for the applicant to return in the very
near future with a partial closing.
Councilwoman McClanan requested a Resolution be DRAFTED to place time limits on
resubmission of Street Closures.
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
DENIED:
Ordinance appointing viewers in the petition of
Signet Enterprises, Ltd. for the closure of two
portions of Thompkins Lane (Kempsville Borough).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 36 -
Item III-G.7.
CONSENT AGENDA ITEM # 29743
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
LOW BID to Suburban Grading and Utilities in the
amount of $342,496.60 for reconstruction of Old
Great Neck Road at Reagan Avenue intersection
(CIP 2-816).
On March 21, 1988, City Council approved the low bid of Gowen and Associates.
On March 23, 1988, the constuction contract was forwarded to Gowen ad
Associates for execution. On May 26, 1988, Gowen and Associates had failed to
execute the construction contract and to supply the necessary bonds.
Therefore, the City Council APPROVED the Second Lowest Bid.
In response to Councilman Balkols inquiry, the City Manager advised in the
future when Gowen bids, these facts will be kept in mind and there are other
avenues available through the City Attorney's office that will be examined as
it relates to Bid Bonds.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 37 -
Item III-G.8.
CONSENT AGENDA ITEM # 29744
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$736.77 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Councd.1 Members Absent:
Harold Heischober
ORM NO. C.A. 7 6/23/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CF-RTAIN PR=RSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D a!e Penalty I nt. Total
Year of Tax Number tion No. Pa id
Fleet R E Funding Corp 88 RE(1/2) 95733-9 12/5/87 13.16
VAPA Inc 88 RE(2/2) 111395-3 12/5/87 67.20
Auburn Commercial Ventures 88 RE(2/2) 123966-7 6/5/88 225.98
Burlage Corporation 88 RE(2/2) 14903-4 3/16/88 62.88
Christopher Wood Associates 88 RE(1/2) 19489-5 12/5/87 180.53
James A Jones 88 RE(2/2) 54737-2 5/20/88 30.70
Lawrence H & Dorothy Vaughan 88 RE(2/2) 111538-1 5/12/88 106.32
Kathleen & Mary Ramey 88 pp 147526-8 6/5/88 50.00
Total 736.77
This ordinance shall be effective from date of adoption.
The ab"g@llpment(s@ totaling
were approved by
the Council of the City of V@ ini'a
,r
Beach on the-llday f Julyg, 1988 Treasurer
pproved as to form:
Ruth Hodges Smith
City Clerk
- 38 -
Item Ill-H.l.
UNFINISHED BUSINESS ITEM # 29745
ADD-ON
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
SCHEDULED RECONSIDERATION for the City Council Meeting of August 8, 1988, of
applicationa of MARGARET A. DRUMMOND, JAMES R. & MARGUERITE D. JOHNSON for a
Change of Zoning from AG-2 to B-2 (APPROVED by City Council on September 21,
1987) and Ordinance upon application of TEXACO REFINING AND MARKETING, INC. for
a Condi,tional Use Permit for a Service Station in conjunction with a
Convenience Store and a Car Wash (APPROVED by City Council on February 2,
1988). This shall entall RECONSIDERATION of conditions to eliminate minor
conflicts.
ORDINANCE UPON APPLICATION OF MARGARET A. DRUMMOND,
JAMES R. & MARGUERITE D. JOHNSON FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2
Z09871182
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Margaret A. Drummond,
James R. & Marguerite D. Johnson for a Change of
Zoning District Classification from AG-2
Agricultural District to B-2 Community-Business
District on the south side of Shipps Corner Road,
440 feet more or less east of Holland Road on Lots
8 & 1 1 Shipps Bridge. Said parcel contains 8.4
acres. PRTNCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF TEXACO REFINING AND
MARKETING, INC. FOR A CONDITIONAL USE PERMIT FOR A
SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE
STORE AND A CAR WASH R02881111
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Texaco Refining and
Marketing, Inc., for a Conditional Use Permit for a
service station in conjunction with a convenience
store and car wash on certain property located at
the southeast corner of Holland Road and Shipps
Corner Road. Said parcel contains 39,640 square
feet. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 39 -
Item III-I.l.
NEW BUSINESS ITEII # 29746
INTERIM FINANCIAL STATEMENTS for the Period July 1, 1987 through May 31, 1988
were distributed to City Council. (Copy of same is hereby made a part of the
record.)
Giles Dodd, Assistant City Manager for Administration, referenced a letter from
the Commonwealth of Virginia, State Auditor of Public Accounts, indicating the
Annual Report ending June 30, 1987, had been reviewed and prepared in
conformance with the guidelines and regulations of the State Auditor of Public
Accounts.
William D. Sessoms, Jr., complimented Giles Dodd on the impressive financial
condition of the City.
- 40 -
Item III-I.l.
NEW BUSINESS ITEM # 29747
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
RESCHEDULED the following Council Meetings:
September 5 (Labor Day) rescheduled to
August 29 (Fifth Monday)
September 12 (Rosh Hashannah) rescheduled
to September 6 (Tuesday)
October 3 (Virginia Municipal League)
rescheduled to October 31 (Fifth Monday)
Voting: 8-2i@
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum and Reba S. McClanan
Council Members Absent:
Harold Heischober
*Verbal Vote
- 41 -
Item III-J.1.
ADJOURNMENT ITEM # 29748
Upon motion by Vice Mayor Fentress, and BY ACCLAMATION, City Council ADJOURNED
the Meeting at 5:55 P.M-
'g, //@-
Beverly-0. Hooks
Chief Deputy City Clerk
Rtth Hodge@s Smith, CMC
City Clerk
City of Virginia Beach
Virginia