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JANUARY 12, 1999 MINUTES
City of Vir'gini a Be ¢h "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR WILLIAM D SESSOMS JR At Large LINWOOD 0 BRANCH III Dtstrtct ti Beach MARGARET L EURE Dtstrtct I-Centervtlle WILLIAM W HARRISON JR Dtstrtct 5 Lynnhaven HAROLD HEISCHOBER At-Large BARBARA M HENLEY Dtstrtct 7 Prtmess Anne LOUIS R JONES Dtstrtct 4-Baystde REBA S McCLANAN Dtstrtct 3 Rose lIall NANCY K PARKER At Large A M (DON) WEEKS Dtstrtct 2-Kempsvdle JAMES K SPORE Ctty Manager LESLIE L LILLEY Ctty Attorney RUTH HODGES SMITH CMC/AAE Ctty Clerk CITY COUNCIL AGENDA OUR NA'~0~ CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 9005 PHONE (757) 427-4~03 FAX (757) 426 5669 EMAIL CTYCNCL~CITY VIRGINIA BEACH VA US 12 January 1999 I. CITY MANAGER'S BRIEFINGS - Conference Room - 11:30 AM Ao VOLUNTEER COUNCIL ANNUAL REPORT Mary Russo, Vtrgtnta Beach Volunteer Council Coor&nator Bo UTILITY INSTALLATION IN CITY'S RIGHT-OF-WAY - POLICY James K. Spore, City Manager II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Chris Xenakis Bayside Clmstian United Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS 05 January 1999 G. PRESENTATION To VIRGINIA BEACH CITY COUNCIL from UNITED WAY Max Bartholomew, General Campaign Manager, United Way of South Hampton Roads H.. AGENDA FOR FORMAL SESSION The Consent Agenda wtll be determined durtng the Agenda Review Session and constdered tn the or&nary course of business by Ctty Council to be enacted by one motion. I. ORDINANCES/RESOLUTION o Ordinance to ACCEPT and APPROPRIATE a $153,309 Grant from the Virginia Department of Juvenile Justice to the FY 1998-1999 Operating Budget of the Department of Juvenile Justice/Virginia Beach Court Service Unit re funding six (6) full-time positions and related costs necessary to create a Children in Need of Supervision/Services (CHINS) Unit; and, increase estimated revenues accordingly. , Ordinance to AMEND the scope of Capital Project #3-024, Virginia Beach Juvenile Detention Center: a. Expand the design from sixty (60) to seventy-five (75) beds (Option IA) b. Expand the design from SlXty (60) to ninety (90) beds (Option 5) Deferred: 05 January 1999 3. Resolution to appoint Mark D. Stiles to the position of Assistant City Attorney. J. PUBLIC HEARING- PLANNING PLANNING BY CONSENT - To be determtned durtng the Agenda Review Session. Applications re Providence Road and Old Princess Anne Road (KEMPSVILLE- DISTRICT 2): RICHARD KRAHENBILL, JR. and REAL INVESTMENTS, INC., for the discontinuance, closure and abandonment of a portion of unimproved Providence Road, beginning at the Western boundary of Old Princess Anne Road and running Easterly 399.10 feet along the Northern boundary of Providence Road, containing 20,526 square feet b. REAL INVESTMENTS, INC., a Virginia Corporation, for a Change of Zoning District Classification from R- 10 Residential District to Conditional R-7.5 Residential District at the Northwest intersection of Old Princess Anne Road and Providence Road (4509 Old Pnncess Anne Road), containing 3.4 acres Deferred: 08 December 1998 Recommendation: APPROVAL . Ordinance in the petition of DeFORD LIMITED, a Virginia Corporation, for the discontinuance, closure and abandonment of a portion of Wishart Point Court beginning on the Eastern boundary of Battle Royal Circle and running in an Easterly direction a distance of 538.18 feet, contaimng 14,711 square feet (BAYSIDE- DISTRICT 4) Deferred for Compliance: Additional 180-Day Deferral 27 January 1998 14 July 1998 Recommendation: ADDITIONAL 180-DAY DEFERRAL . Application of Merchant's General Booth Boulevard, L.L.C. for a Conditional Use Permit for an automobile repair establishment on the East side of General Booth Boulevard 1,120 feet more or less North of Gunn Hall Road, containing 1 acre (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL . Application of Dominion Golf Group for a Conditional Use Permit for an outdoor recreational facility (golf driving range, miniature golf, batting cages and golf pro shop) on the West side of Holland Road, North of Dam Neck Road (3173 Holland Road), contmning 14.9 acres (PRINCESS ANNE - DISTRICT 7). Recommendation: APPROVAL . Applications of JJJ PARTNERSHIP, A VIRGINIA GENERAL PARTNERSHIP, on the North side of Holland Road, 1,370 feet more or less West of Monet Drive, containing 1.33 acres (PRINCESS ANNE- DISTRICT 7): Change of Zoning District Classification from AG-2 Agricultural District to Conditional I-1 Light Industrial District Conditional Use Permit for a building contractor's yard Recommendation: APPROVAL . Application of LILLEL FARMS, INC. for a Conditional Use Permit for a borrow pit at the Northwest intersection of Lynnhaven Parkway and Monument Drive, contaimng 18.080 acres (CENTERVILLE - DISTRICT 1). Recommendation: APPROVAL . Application of VIRGINIA FIVE FF, L.L.C. for a Conditional Use Permit for an automobile service station on the South side of Kempsville Road, 130.23 feet East of Centerville Turnpike (1870 Kempsville Road), containing 8.453 acres (CENTERVILLE- DISTRICT 1). Recommendation: DENIAL . Application of RH BUILDERS, INC. for a Change of Zoning District Classification fi'om R-5D Residential Duplex District to R5-D Residential Duplex District with a PD-H2 Planned Unit Development District Overlay on the North side of Kempsvflle Road 450 feet more or less West of Centerville Turnpike, containing 23.7 acres (CENTERVILLE - DISTRICT 1). Recommendation: DENIAL . Petitions of THE CITY OF VIRGINIA BEACH, for the discontinuance, closure and abandonment of portions of the following (BEACH - DISTRICT 6): ao Virginia Place, beginning at the Eastern boundary of Washington Avenue and running Easterly 160.78 feet along the Northern property line, 40.41 feet along the Eastern property hne, 155.04 feet along the Southern property line and 40 feet along the East side of Washington Avenue, containing 6,316 square feet. b. A 20-foot alley located between Virginia Beach Boulevard and 18th Street, beginning at the Western boundary of Cypress Avenue and running Westerly 200.07 feet, containing 3,997 square feet. Deferred: 08 December 1998 Recommendation: APPROVAL 10. Ordinance to AMEND Sections 7.3, 7.4, 7.5, 7.6 and 7.7 of the Sub&vision Ordinance re as- built drawings and defect bonds. Recommendation: APPROVAL K. APPOINTMENTS PENDLETON PROJECT MANAGEMENT BOARD TIDEWATER TRANSPORTATION DISTRICT COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - November/December 1998 N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 01/07/99cmd AGENDA\01/12/99 www.virginia-beach.va, us O~ OUR MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~n~a Beach, V~rg~n~a January 12, 1999 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFINGS tn the Council Conference Room, City Hall Budding, on January 12, 1999, at 11 '30 A.M Council Members Present Ltnwood 0 Branch, III, Margaret L. Eure, Harold Heischober, Barbara M Henley, Louts R. Jones, Mayor Meyera E Oberndorf Nancy K Parker, A M "Don" Weeks and Vtce Mayor Wdham D Sessoms Councd Members Absent: William W. Harrison, Jr [ENTERED. 11.55 A M ] Reba S McClanan [ENTERED' 11 58] -2- CITY MANA GER 'S BRIEFING VOLUNTEER COUNCIL ANNUAL REPORT ll:30A.M. ITEM # 44469 Mary Russo, Virginia Beach Volunteer Council Co-Ordinator, expressed apprectation to the Ctty Counctl for thetr support Mrs Russo presented the vtdeo whtch the Volunteer Council co-ordinated with Vtdeo Services to produce as a recruitment tool. The video depicted examples of volunteers gtvtng back to the community through the Vtrgtnia Martne Science Museum, golf, the Francis Land House, Social Services Departments, law enforcement, Court, Emergency Medtcal Servtce (100% volunteers), Ctty Hall and Clean the Bay Day. There are more volunteers than City employees In the film, Mayor Oberndorf expresses apprectation to all volunteers Diane Roche, Vtrginia Beach Volunteer Council Co-Ordinator, referenced the Virginia Beach Volunteer Council Annual Statistics and Achtevements FY 1997/98, which are hereby made a part of the record VIRGINIA BEA CH VOL UNTEER CO UNCIL ANNUAL REPORT COMPARISON TO PREVIOUS YEAR YEAR FY 95/96 FY96/97 Annual Increase NUMBER OF VOL UNTEERS 10,293 10,418 HOURS WORKED 1,564,190 1,592,900 125 + 28, 710 DOLLAR VALUE $16,710,147 $17,329,946 +$ 619,799 % Increase 1% + 2% + 4% Virginia Beach City Schools have 12,346 volunteers and donate 294,000 hours. Ms. Roche &splayed shdes deptcting the number of volunteers, hours and value from 1985 to the present. There ts a tend that future recruitment will be even more difficult. It seems when the economy ts good, volunteers become more dt. fficult to recruit Even more energtes wtll be devoted to recruitment next year. Ms Roche ctted the Achievements in Excellence' Million Dollar Winners: Emergency Medical Services Virginia Beach Sheriff's Office Department of Museums 577,347 hours = $7,583,265 521,029 hours = $4,212,145 123, 792 hours = $1,053,017 $100,000 Over Achievers Department Hours Agriculture Community Services Board Fire General Services Public Libraries Parks and Recreation Pendleton Child Service Planning Police Social Services 13,719 31,252 70,280 33,134 26,015 98,336 6,095 6,738 31,367 26,128 Value 227,SSS 526,936 327,so5 527,400 207,345 657,766 101,127 298,156 355,687 336,133 January 12, 1999 -3- CITY MANA GER 'S BRIEFING VOL UNTEER CO UNCIL ANNUAL REPORT ITEM # 44469 (Continued) Mrs. Russo ctted the Volunteer Council Achievements: Celebrated the 2ffh Anniversary of the Virginia Beach Volunteer Council dtsplayed banners on Ctty buildtngs; created a Volunteer Flag and Volunteer Song, conducted an anniversary event and groundbrea~ngfor the new Volunteer Recognttton Garden behind Ctty Hall (fund ratsing currently underway for the Inaugural Phase of the Garden), created a garden at the Pendleton Child Service Center which was planted and harvested by the children and families at Pendleton. Met wtth delegation from our Stster City of Mtyazakt, Japan, tn July to share information on the Volunteer Councd and the Ctty's volunteer programs. In November, conducted .first International Volunteer Conference with Sister City of Miyazaki, Japan. Certified an additional 15 departmental Volunteer Co-Ordinators who completed the City's certification program bringing the total certified to 25 Developed a Re-Certificatton program for extsting certified co- ordinators. Developed a consistent "Volunteer Position Value Plan" uttliztng the Ctty's extsttng pay plan to cross matching volunteer positrons to pard postttons and created a progresston scheduled to tncrease the value as hours of servtce increase. Published a Volunteer Job Description Book including more than 200 descriptions of volunteer opportunities in the City of Virginia Beach. This manual was placed in all City departments, public ltbraries and recreational centers. Coptes are also located at Vtrgtnta Wesleyan, Volunteer Hampton Roads, and the Virginia Beach Vtsitor Information Center As a charter member of the Executive Committee of the Nattonal Association of Volunteer Programs in local government, Mary Russo conducted a roundtable chscussion on "Centralized vs Decentralized Volunteer Programs" at a pre-conference session of the Internattonal Conference on Volunteer Administration in Dallas, Texas Kathleen Reed of the Vtrgima Martne Science Museum also represented the Volunteer Council as a presenter at the conference. An article on the "Volunteer Lifecycle", wrttten by Donna Wetdner of the Volunteer Council Steering Committee, appeared in the newsletter of the Nattonal Assoctatton of Volunteer Programs in Local Government and, as a result, Donna was invited to speak on the Lifecycle in Northern Vtrginta Worked with the Virginia Beach Rotary Club to develop an award for the Outstanding City Government Volunteer of the Year. Worked wtth the Video Servtces Department to complete a new recruitment video for the Volunteer Council Hosted another successful annual luncheon for Volunteer Co-Ordinators in City departments/agencies. Mary Russo satd it is not only about the $17,329,946 dollar value, but the many pounds of trash collected on the beaches, the 26, 000 calls answered by the Volunteer Rescue Squad, the many fires controlled by the Ftre Department, the assistance of the Social Service volunteers to the ctttzens, most of all to the little lady who must catch two buses to work in the Juvenile Court Nursery and read to the children and to the lady who spends her ttme maktng quilts for the children tn the Pendleton Chtld Care Center. It not about the dollar value, but people involved in their government and being a link to the community. January 12, 1999 -4- CITY MANA GER 'S BRIEFING UTILITY INSTALLA TION IN CITY'S RIGHT-OF-WA Y POLICY 12:00 NOON ITEM # 444 70 The City Manager advised Cox Cable, as City Council ts aware, has announced plans to offer new and upgraded servtces to tts customers wtthtn the City In doing so, tt must tnstall new generators and power untts, etther tn the City right-of-way or tn the utthty easements located on prtvate property Because these facthttes are somewhat larger than tra&ttonal utthtyfactlittes, there has been some concern expressed about the relocation, particularly in restdenttal areas As a result of these concerns, the Ctty Manager has been working with the City Attorney, Robert Loher, AI Henley of Planmng and Cox Commumcattons to formulate a draflpolicy governing the location and other characteristtcs of these (as well as other utthttes)facthties Thts policy governs the location and installation of all electrical telecommunications, natural gas and cable televison facilities such as pedestals, power supplies, generators, etc., which are greater than five (5) cubic feet in size and located on grade in thepublic right-of-way in existing primarily residential areas of the CiO, It does not apply to facthties governed by Section 5.10 of the Subdivision Ordinance or to the replacement of extsttng facilittes unless such facthttes are enlarged, expanded or relocated. The staff is suggesttng these factlittes should be, wherever posstble, located in a certain priority order to mtnimtze disruptton for the resident. These new facthties could be located on an extsting pubhc site where possible This would bepreferable toplactng them tn a residents' yard There are 380pump stations, 199parks and approximately 90 schools; thus, there are over 500 public sites which could be utilized. All facilittes subject to this policy shall comply wtth the following standards: (a) Location: Facihties shall be located according the following siting priority, from highest to lowest It shall be the responsibthty of the applicant to demonstrate that a facihty cannot be placed on a site havtng a htgher priortty: 1 Pubhc property such as, but not hmited to, pump station sttes, parks and school sites, 2 Existtng utdity easements in rear or side yards or tn City right- of-way adjotning rear or stde lot lines; Easements obtained from a prtvate property owner tn a rear or side year, either wtth or without the offer of compensation for such easement; and, Front yards or Ctty rtght-of-way adjoining a front yard. In such cases, the facihties shall be located as close as posstble to the corner of the yard. In no event shall any such facdity be located so as to impede pedestnan or vehicular movement. (b) Screening: At the request of the property owner, or the owner of property adjacent to pubhc property on whtch a facihty is located, all on- grade facdittes subject to the pohcy shall be screened from view by landscaping meeting or exceeding the spectfcatlons of the Landscape Services Division. (c) Color: All facdities shall be of a color whtch renders them as visually unobtrustve as reasonable posstble Frank Bowers, Cox Communicattons, advised the generators requtred are very large and to place these underground would requtre two vaults, one for the generator and one for the batteries which must be separate. These vaults would have to be huge and there would still be some of the structure above the vault line, (ground level). January 12, 1999 -5- CITY MANA GER 'S BRIEFING UTILITY INSTALLA TION IN CITY'S RIGHT-OF-WA Y POLICY ITEM # 44470 (Continued) Councd Lady McClanan advised front yards are not the proper locatton for these facihttes. The City Manager advtsed the only tnstance where these would be located in front of someone's home would be one who had refused to grant an easement to allow them to place same tn the rear yard The staff ts working wtth Vtrgtnia Power to try to avotd the need for inchvidual metering or have Cox redestgn thetr box so the meter can be contatned within or on the box Counctl Lady Eure said Cox should be required to call Miss Utility, especially in residential areas, before tnstallatton of these facilities or the land dtsturbed so ctttzens would have prior knowledge Councdman Jones inquired if there was an alternattve technology whtch would achteve the same purpose Mr. Bowers advised there ts not Fiber optics must be placed on a distributor basts near where the electronic nodes are located Thepurpose of the system is to have better rehabdity on the Cable Service and 911 system. The Ctty Attorney advtsed the City has Franchises with each of the utilities and the Franchises allow the City to place structures within the right-of-way. These structures are subject to the City lSSUlng a permtt whtch state the Franchtses exist. This proposed poltcy wtH provtde gutdelines for the tnstallatton tn the future. This pohcy really encourages Cox to place the new generators and power untts on public property - pump stattons, etc. and not in the rear or stde yard easement. Only, when none of these are not available would the utiltty provider have to seek a private easement Councilman Jones believes it to be unacceptable to place these in restdential yards. Thts ts an tntruston tn people's property rights Councdman Harrison beheves the property owner should be compensated tf same ts to be placed in the restdenttal rear or side yard and tt should be on a conttnual basis. The pubhc should know they have a right to refuse the location of these facdities on their properttes. Thts should be examined on a case-by-case basis. Vice Mayor Sessoms referenced the condittons in the policy. The City Manager advtsed there are approximately 800 of these units and he anticipates only a few being a problem Mayor Oberndorfbelieves the pubhc should be advtsed they have the right to object to havtng the facilities located on their property. Mr. Bowers advised approximately $3-MILLION is paid to the City for the right of public easements Cox cannot force a property owner to have this facility located on a prtvate easement. This has been done for years wtth limtted negative feedback. Thts type of operation has been completed tn Newport News, Hampton and Chesapeake with few complaints. Much larger units were mstalled in the City of Wdhamsburg and there was no negative feedback Mr Bowers said the generators are very quiet. BY CONSENSUS, Council Members Jones and McClanan shah serve on a Commtttee with staff and representatives of Cox to assist in drafting a revised POLICY for protectton of cttizens for the installation of these expanded services of Cox. January 12, 1999 AGENDA -6- RE VIE W SESSION 12:53 P.M.. ITEM # 44471 1-2. Or&nance to AMEND the scope of Capttal Project #3-024, Virginia Beach Juvenile Detention Center' a Expand the design from sixty (60) to seventy-five (75) beds (Option IA) b Expand the design from stxty (60) to ninety (90) beds (Option 5) Counctl Lady Henley advtsed the meettng with citizens tn the area was very well attended Bruce Brtght was tn attendance along with Judges Canada and Lewts. There ts recognitton of need, but also concern This item wtll be &scussed durtng the Formal Session ITEM # 444 72 The City Manager requested the following items be ADDED TO THE AGENDA: CER TIFICA TES OF PUBLIC CONVENIENCE AND NECESSITY At Your Servtce Ltmoustnes, Inc Oceanfront Limousine, Inc ITEM # 444 73 BY CONSENSUS, the following items shall compose the CONSENT AGENDA' ORDINANCES/RESOLUTION Ordinance to ACCEPT and APPROPRIATE a $153,309 Grant from the Virgtnia Department of Juvemle Justice to the FY 1998- 1999 Operatmg Budget of the Department of Juvenile Justice/Virginia Beach Court Service Unit re funding stx (6) full-ttme postttons and related costs necessary to create a Children in Need of Supervision~Services (CHINS) Unit; and, increase estimated revenues accordingly. 1-3. Resolutton to appoint Mark D. Stiles to the posttton of Assistant City Attorney. January 12, 1999 -7- AGENDA RE VIE W SESSION ITEM # 444 74 J.l. Apphcattons re Providence Road and Old Princess Anne Road (KEMPSVILLE - DISTRICT 2) RICHARD KRAHENBILL, JR. and REAL INVESTMENTS, INC. , for the &scontinuance, closure and abandonment of a portton of untmproved Provtdence Road , beginning at the Western boundary of Old Prmcess Anne Road and running Easterly 399 lO feet along the Northern boundary of Provtdence Road, contatning 20, 526 square feet bo REAL INVESTMENTS, INC., a Vtrginta Corporatton, for a Change of Zoning Dtstrict Class{fication from R-10 Restdenttal Distrtct to Condittonal R-75 Residential Dtstrtct at the Northwest intersectton of Old Prtncess Anne Road and Provtdence Road (4509 OM Princess Anne Road), contatntng 3 4 acres Counctl Lady Parker advtsed there is a vacant ptece of property right around the corner from the proposed stte. Ctty staff agreed they would have reservattons about the other ptece adjacent to Providence Road, whtch ts R-10 at the present ttme. Ctty staff agreed to this application because of the right-of-way tssue. ITEM # 444 75 I 4. Applicatton of Dominion Golf Group for a Condittonal Use Permit for an outdoor recreattonal facth_tv (go!f drtvtng range, miniature golf. batting cages and go!f pro shol~) on the West side of Holland Road, North of Dam Neck Road (3173 Holland Road), containing 14.9 acres (PRINCESS ANNE - DISTRICT 7). Counctl Lady Eure referenced a similar sttuatton on Centervtlle Turnpike where the tnvtsible screening was blown over Council Lady Eure wished to caution City Council there are no rules and regulattons whtch demand the screening be reinstalled in a certain timeframe. City Counctl mtght wtsh to add a condition that tf the tnvtstble screening ts damaged, tt shall be replaced wtthtn stxty (60) days Council Lady Eure advised Attorney Bourdon chd not have a problem wtth adding this condition ITEM # 444 76 15 Apphcations of JJJ PARTNERSHIP, A VIRGINIA GENERAL PARTNERSHIP, on the North side of Holland Road, 1,370feet more or less West of Monet Drive, containing 1.33 acres (PRINCESS ANNE - DISTRICT 7) Change of Zomng District Classification from A G-2 Agrtcultural Dtstrict to Condittonal I-1 Ltght Industrtal Distrtct Conchtional Use Permtt for a buildtng contractor's yard Counctl Lady McClanan will vote a VERBAL NA Yon this apphcation. Council Lady McClanan will request the Ctty Council appoint a Holland Road Study Commission This item will be dtscussed further during the Formal Sesston. Council Lady Henley is concerned relative AICUZ restrtctions. ITEM # 444 77 17 Apphcation of VIRGINIA FIVE FF, L.L.C. for a Conchttonal Use Permtt for an automobile service station on the South side of Kempsvdle Road, 130.23feet East of Centerville Turnptke (1870 Kempsville Road), contatntng 8 453 acres (CENTERI/'ILLE- DISTRICT 1) Thts ttem will be chscussed during the Formal Session. danuaryl2, 1999 -8- AGENDA RE VIE W SESSION ITEM # 444 78 1 8. Apphcation of RH BUILDERS, INC. for a Change of Zoning District Classification from R-SD Residential Duplex D~stnct to RS-D Residential Duplex D~strtct with a PD-H2 Planned Unit Development District Overlay on the North side of Kempswlle Road 450 feet more or less West of Centervdle Turnptke, contaimng 23 7 acres (CENTERVILLE- DISTRICT 1) Counctl Lady Eure advised a correction in the agenda relative the recommendation of RH BUILDERS, INC., this was unanimously APPR O VE D by the Planning Commission. The Planning staff recommended DENIAL Counctl Lady Eure said this was the project she requested the applicants and they agreed, to tnstall a trail. Thts is the result of a cooperattve apphcant respondtng to a legislative request ITEM # 444 79 B Y CONSENSUS, the following items shall compose the PLANNING B Y CONSENTA GENDA. J. 1. Applications re Providence Road and Old Princess Anne Road (KEMPSVILLE - DISTRICT 2): a. RICHARD KRAHENBILL, JR. and REAL INVESTMENTS, INC., for the discontinuance, closure and abandonment of a portion ofuntmprovedProvidence Road, beginning at the Western boundary of OM Princess Anne Road and runmng Easterly 399.10 feet along the Northern boundary of Providence Road, contaimng 20,526 square feet b. REAL INVESTMENTS, INC., a Virgtnia Corporation, for a Change of Zoning Distrtct Classtfication from R-lO Residenttal District to Conditional R-7.5 Residenttal Distrtct at the Northwest mtersection of Old Prmcess Anne Road and Provtdence Road (4509 OM Princess Anne Road), contaming 3.4 acres Ordtnance in the petition of DeFORD LIMITED, a Virgtnia Corporatton, for the dtsconttnuance, closure and abandonment ofa portion of Wtshart Potnt Court beginning on the Eastern boundary of Battle Royal Circle and runntng in an Easterly directton a distance of 538.18feet, containtng 14, 711 square feet (BAYSIDE - DISTRICT 4) Apphcation of Merchant's General Booth Boulevard, L.L.C. for a Conchttonal Use Permit for an automobile repair establishment on the East side of General Booth Boulevard 1,120feet more or less North of Gunn Hall Road, contatntng 1 acre (PRINCESS ANNE - DISTRICT 7). Application of Dominion Golf Group for a Condttional Use Permtt for an outdoor recreattonal facih_tv (golf drivtng range, mtntature golf. batting cages and golf pro shop) on the West stde of Holland Road, North of Dam Neck Road (3173 Holland Road), contatmng 14.9 acres (PRINCESS ANNE- DISTRICT 7). J.. 6. Applicatton of LILLEL FARMS, INC. for a Conditional Use Permit for a borrow ptt at the Northwest intersectton of Lynnhaven Parkway and Monument Drive, contaimng 18. 080 acres (CENTER VILLE - DISTRICT 1). January l2, 1999 -9- AGENDA RE VIEW SESSION ITEM # 44479 (Continued) J 9 Apphcat~ons of THE CITY OF VIRGINIA BEACH, for the &scontmuance, closure and abandonment of port~ons of the followtng (BEACH- DISTRICT 6)' Virgtnta Place, begtnntng at the Eastern boundary of Washtngton Avenue and runntng Easterly 160 78feet along the Northern property hne, 40 41 feet along the Eastern property hne, 155 04feet along the Southern property hne and 40 feet along the East stde of Washtngton Avenue, contatmng 6,316 square feet. A 20-foot alley located between Virginia Beach Boulevard and 18a Street, beginntng at the Western boundary of Cypress Avenue and runntng Westerly 200.07 feet, contatntng 3,997 square feet , Jl O. Ordinance to AMEND Sections 7.3, 7 4, 7 5, 7.6 and 7 7 of the Subdtvtsion Ordinance re as-built drawings and defect bonds. Item J 2 wtll be DEFERRED an ADDITIONAL 180 DA YS, BY CONSENT Item J 4 wall be APPROVED, BY CONSENT, with an additional condttion January l2, 1999 -10- CITY COUNCIL COMENTS 1:05 P.M. ITEM # 44480 Mayor Oberndorf referenced the City Manager and her meeting with the Chatr- Robert Spadacctni, Vtce Chair - Rosemary A Wilson, and Supertntendent of Vtrginia Beach Schools - Dr Timothy Jenney this morntng, January 12, 1999. Dr Jenney wished to make a presentatton at a Jotnt Ctty Counctl/School Board Workshop on January 19, 1999 at 2 30 P.M , in the Human Resources Tratmng Butlding 19, relattve SOLs (STANDARDS OF LEARNING) and the Joint Council/School Board Committee Report relative School Modernization and Renovation. At the present ttme there ts $2-MILLION avatlable for the remechatton of students; however, the law reads these funds cannot be utilized durtng regular school hours. Mrs. Wtlson has requested the City Council review and determtne if they can support the School Board tn lobbytng the Members of the General Assembly to have this definttion changed. Mayor Oberndorf apologtzed as she will be unable to attend as she must visit Cectl Field in Jacksonville to assist in the relocation of some of the FA- 18's pilots and crews. ITEM # 44481 Councd Lady Parker and Councilman Branch are serving wtth School Board Members Nancy D Guy and Arthur Tate to develop Protocol for Commumcations and facilitate teamwork between the Ctty Council and the School Board. Council Lady Parker chstrtbuted correspondence and amendments to the document relattve commumcatton between Ctty Counctl and School Board Members' Deletion of the following Verbiage under Section 5. BUDGET: Joint meeting of the elected bodies and staff for the presentation of the Five Year Forecast by Budget Manager Dean Block: "Submission of Superintendent's Budget as a working document only." Satd correspondence ts hereby made a part of the record. The City Manager advised he and Dr. Jenney will confer January 26, 1999, at 11:30 A.M ~ member of the School Board and City Council wtll also be in attendance ITEM # 44482 Mayor Oberndorf advised she received correspondence from Chairman Spadaccim, who has appotnted a Technology Committee and requested the Mayor appoint two members of the City Counctl to be Ltatsons wtth School Board Members Nancy Guy and Dan Lowe The purpose is to open dtalogue, tmprove understanding of the technology needs of the School Division and continue partnerships begun since July 1, 1998. Mayor Oberndorf APPOINTED Council Members Harrison and Jones. ITEM # 44483 Counctlman Harrtson referenced the Joint City Council Meeting of the Cities of Virginia Beach and Chesapeake on January 11, 1999. The meeting was most effecttve wtth wtllingness to cooperate. Councilman Harrtson hoped the Chesapeake Council would meet tn Virginia Beach to retatn this postttve relattonship Councilman Harrison was proud of the City's Planmng Staff's efforts relative the Comprehensive Plan revtston tn Virginta Beach. Robert Scott advtsed the City Planning Department has worked wtth Chesapeake on tndivtdual matters. Brent Neilson, Planning Dtrector of Chesapeake, ts one of the City's former employees. Chesapeake ts aware if there ts anything the Ctty can do to asstst them wtth advtce or suggesttons wtth any of thetr processes Vtrginta Beach's Planmng Department stands ready to do same. Mayor Oberndorf advised Chesapeake Councdman Gene Waters inquired relative the issue of APF (adequate public facihttes) January 12, 1999 -11- ITEM # 44484 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Ctty Counctl Conference Room, City Hall Butldmg, on Tuesday, January 12, 1999, at 1 '15 P.M Counctl Members Present Linwood O. Branch, III, Margaret L. Eure, Wilham W Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and ,4 M. "Don" Weeks Council Members ,4bsent: None January 12, 1999 - 12- ITEM # 44486 Mayor Meyera E Oberndorf entertatned a motton to permit Ctty Councd to conduct tts EXECUTIVE SESSION, pursuant to Section 2 1-344, Code of Virgtnia, as amended, for the followtng purpose PERSONNEL MA TTERS: Dtscusston or constderatton of or tntervtews of prospecttve candidates for employment, assignment, appotntment, promotton, performance, demotton, salartes, chsciphntng, or resignatton of spec~c pubhc officers, appotntees, or employees pursuant to Section 2 1-344 (A) (1) To Wtt Boards and Commtssions. Pendleton ProJect Management Board Ttdewater Transportation District Commisston Vtrgima Beach Commumty Development Asststant City Attorney PUBLICLY-HELD PROPERTY' Discussion or constderatton of the condttton, acqmsition, or use of real propertyforpubhcpurpose, or of the chsposttton of publicly-held property, or of plans for the future of an tnstitutton which could affect the value of property owned or destrable for ownershtp by such tnstttutton pursuant to Sectton 2.1-344(A)(3) To-~it. Agrtcultural Reserve Program - Princess Anne Dtstrict Rudee Loop ProJect Southeastern Parkway & Greenbelt R/W LEGAL MAITERS Consultation wtth legal counsel or briefings by staff members, consultants, or attorneys pertatmng to actual or probable littgat~on, or other spectfic legal matters requesttng the provtston of legal advice by counsel pursuant to Sectton 2 1-344(A)(7) To- ~it: FLSA Sutts James R. Mockenhaupt, et al v Oral Lambert, et al Upon motton by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council voted to proceed tnto EXECUTIVE SESSION. Voting 11-0 Counctl Members Voting Aye: Linwood 0 Branch, III, Margaret L. Eure, Wdliam W. Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdliam D Sessoms, Jr. and A M. "Don" Weeks Councd Members Voting Nay: None Council Members Absent' None January 12, 1999 - 13- FORMAL SESSION I/IR GINIA BEA CH CITY CO UNCIL January 12, 1999 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, City Hall Budding, on Tuesday, January 12, 1999, at 2. O0 P M Council Members Present. Linwood O. Branch, III, Margaret L Eure, Wdliam W Harrison, Jr, Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor William D Sessoms, Jr and A M "Don" Weeks Council Members Absent' None INVOCATION. The Reverend Chrts Xenakts Baystde Chrtsttna United Church of Chrtst PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms betng a Corporate Officer of Central Ftdelity Bank &sclosed there were no matters on the agenda tn which he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts capactty as an officer of Central Fidehty Bank The Vtce Mayor regularly makes thts Dtsclosure as he may or may not know of the Bank's tnterest tn any appltcatton that may come before Ctty Counctl Vice Mayor Sessoms' letter of January 4, 1999, is hereby made a part of the record danuaryl2, 1999 Rem ~E - 14- CER TIFICA TION OF EXECUTIVE SESSION ITEM # 4448 7 Upon motton by Vice Mayor Sessoms, seconded by Counctl Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meettng requtrements by Virgtnia law were discussed tn Executtve Session to whtch thts certtficatton resolutton applies, AND, Only such public business matters as were tdenttfied in the motton conventng the Executtve Session were heard, dtscussed or constdered by Vtrgima Beach City Counctl. Voting: 10-0 Council Members Vottng Aye. Linwood 0 Branch, III, Margaret L Eure, Wdliam W. Harrtson, Jr., Harold Hetschober, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor William D Sessoms, Jr. and A. M "Don" Weeks Council Members Voting Nay: None Counctl Members Absent. Barbara M Henley January 12, 1999 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 44486, Page 12, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~'~t~fi Hodges Smith, CMC/AAE City Clerk January 12, 1999 Item V-F. 1 - 15- MINUTES ITEM # 44488 Upon motion by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, City Councd APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of January 5, 1999. Voting: 10-0 Council Members Voting Aye Linwood O. Branch, III, Margaret L Eure, William W. Harrtson, Jr., Harold Hetschober, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wdliam D Sessoms, Jr and A M. "Don" Weeks Councd Members Voting Nay' None Counctl Members Absent. Barbara M. Henley January l2, 1999 Item V-G 1 -16- PRESENTATION ITEM # 44489 Max Bartholomew, General Campaign Manager- United Way of South Hampton Roads, advtsed Virginia Beach has a tremendous tradition with United [Fay and demonstrated leadership in raising a record of over $274,000, which exceeds the City goal by 16% Virginia Beach has become a Model Ctty through the efforts of the Ctty Co-Ordinators Becky Taylor-Schmtdt and Detecttve Jtm Barnes, as well as the umque Ctty Commtttee A nattonal record was estabhshed wtth the Relay for Ltfe, hosted by Vtrginta Beach and charred by Bob Taylor. Max Bartholomew presented the plaque from UNITED WA Y to the Mayor and Members of City Council CER TIFICA TE OF APPRECIATION PRESENTED TO THE EMPLOYEES OF THE CITY OF VIRGINIA BEACH January 12, 1999 ~em ~G -17- ADOPT AGENDA FOR FORMAL SESSION ITEM # 4449O BY CONSENSUS, Ctty Council ADOPTED: ,4 GENDA FOR THE FORMAL SESSION Upon motion by Vtce Mayor Sessoms, seconded by Councilman Harrison, City Counctl ADDED TO NEW BUSINESS: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY At Your Service Limousines, Inc. Oceanfront Limousine, Inc. Vottng: 11-0 Councd Members Voting Aye' Ltnwood O. Branch, III, Margaret L Eure, Wtlliam W Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and A M. "Don" Weeks Counctl Members Voting Nay None Counctl Members Absent None January 12, 1999 Item V-I. - 18- ORDINANCES/RES OL UTION ITEM # 44491 Upon motton by V~ce Mayor Sessoms, seconded by Councilman Harrtson, Ctty Councd APPROVED IN ONE MOTION, 1 and 3 of the CONSENTAGENDA. Vottng. 11-0 Councd Members Voting Aye' Linwood 0 Branch, III, Margaret L. Eure, Wdham W Harrtson, Jr., Harold Het~chober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham D. Sessoms, Jr and,4 M "Don" Weeks Counctl Members Voting Nay None Council Members Absent: None January l2, 1999 Item V-I. 1. - 19- ORDINANCES/RESOL UTION ITEM # 44492 Upon motion by Vice Mayor Sessoms, seconded by Councdman Harrison, City Council ADOPTED: Ordinance to A CCEPTand APPROPRIA TEa $153,309 Grant from the Virginia Department of Juvemle Justice to the FY 1998-1999 Operatmg Budget of the Department of Juvenile Justice/Virginia Beach Court Service Unit re funding six (6)full-time positrons and related costs necessary to create a Children in Need of Supervision/Services (CHINS) Unit; and, increase esttmated revenues accordingly Voting 11-0 (By Consent) Council Members Voting Aye Ltnwood O. Branch, III, Margaret L Eure, Wdliam W. Harrtson, Jr., HaroM Heischober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M "Don" Weeks Counctl Members Voting Nay' None Council Members Absent. None January 12, 1999 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $153,309 FROM THE STATE DEPARTMENT OF JUVENILE JUSTICE TO THE FY 1998- 99 OPERATING BUDGET OF THE DEPARTMENT OF JUVENILE JUSTICE/VIRGINIA BEACH COURT SERVICE UNIT FOR THE PURPOSE OF FUNDING SIX FULL-TIME POSITIONS AND RELATED COSTS NECESSARY TO CREATE A CHILDREN IN NEED OF SUPERVISION/SERVICES (CHINS) UNIT 10 WHEREAS, over the past five years, the Virginia 11 Department of Juvenile Justice/Virginia Beach Court Service Unit's 12 Intake Unit has processed an increasing amount of children in need 13 14 of supervision/services ("CHINS") referrals that involve non- criminal offenses, such as running away, truancy, and curfew 15 violations that stem from adverse relationships between children 16 and parents; 17 WHEREAS, related to the CHINS referrals are other 18 referrals involving criminal charges that are directed at or 19 involve family members, which the Virginia Beach Court Service Unit 20 attempts to treat as CHINS charges; 21 WHEREAS, CHINS cases require immediate and intensive 22 services to resolve the conflicts between parents and children, and 23 the Virginia Beach Court Service Unit does not have adequate state 24 staff available to handle the CHINS workload, since its primary 25 mandate is to handle criminal cases; 26 WHEREAS, the Virginia Beach Court Service Unit requests 27 that a CHINS Unit be established by using two existing full-time 28 state probation officers, and adding six full-time grant-funded 29 positions, including one probation supervisor, four probation 30 officers, and a clerical support position; 31 WHEREAS, the positions will be assigned job 32 classes/titles and pay ranges equal to that of existing state 33 positions of juvenile probation officer, probation supervisor, and 34 office services assistant, and will receive City benefits; and 35 WHEREAS, the total cost of the CHINS Unit is estimated to 36 be $153,309 for the remaining half of FY 1998-99, and will be fully 37 funded by the Virginia Juvenile Community Control Act, a state 38 block grant from the Department of Juvenile Justice that is 39 administered by the Tidewater Group Home Commission on behalf of 40 the City of Virginia Beach. 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA: 43 1. That a grant in the amount of $ 153,309 is hereby 44 accepted from the Virginia Department of Juvenile Justice and 45 appropriated to the FY 1998-99 Operating Budget of the Department 46 of Juvenile Justice/Virginia Beach Court Service Unit for the 47 purpose of fully funding the addition of six full-time grant 48 positions and all related costs to create a Children in Need of 49 Supervision/Service ("CHINS") Unit; 50 2. That the City Council hereby expresses its 51 understanding that no City funding is required for this program; 52 3. That funding for these six full-time positions and 53 related costs is contingent upon the availability of state block 54 grant funding, and if the state grant is reduced or eliminated 55 below the amount necessary to fully fund the positions and 56 associated costs of the program, then the positions and program 57 will be reduced and/or eliminated accordingly; 58 4. That the six full-time grant positions are hereby 59 established at the following job titles and pay grades: Number of Positions Job Title Pay Plan Pay Range 4 Juvenile Probation Officer General $26,821 - $38,891 ,, 1 Probation Supervisor Administrative $32,680 - $49,020 1 Office Services Assistant General $15,580 - $22,591 60 61 62 63 64 65 5. That compensation for the above-referenced six 66 positions will also include City fringe benefits, with the 67 incumbents in these positions to receive pay increases in the same 68 manner, amounts and frequency as other state employees; and 69 6. That estimated revenue from the state government is 70 hereby increased in the amount of $153,309, with quarterly payments 71 supplied by the Tidewater Regional Group Home Commission. 72 Requires an affirmative vote by a majority of members of 73 City Council. 74 75 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of January , 1999. 76 77 78 79 80 CA-7214 G: \USERS\NONCODE\CHINSORE. ORD R-1 PREPARED: 12/28/98 81 82 83 84 APPROVED AS TO CONTENTS: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Law Department PROGRAM DESCRIPTION Title: Target Population: Program Sanction Level: Program Type: StalE. Capacity & Duration: CHINS Unit The CHINS program will serve both adolescent males and females who are generally between the ages of 12 and 18. These juveniles are usually first time offenders who are involved in child-parent conflicts, truancy, curfew, stealing from parents, unauthorized use of the parents car, and behavior that is unacceptable at home, school, and in the community but is not generally considered a major threat to public safety. The adolescent has failed to respond to previous therapeutic interventions. The CHINS program will focus on the non-criminal juvenile who is experiendng behavioral problems at home, school, and/or community. This program will deal ~ath criminal behavior only as it relates to the family. The CHINS program will be an extension of juvenile intake. The focus is to screen ali CHINS cases referred to intake. An assessment will be made and a joint decision will be made between family and CSU staff regarding level of services needed. Referrals to private and public agencies will be made. Unofficial supervision may be recommended. Referrals to Juvenile Court will be the last option agreed upon. If cases are referred to Cou~ the CHINS worker will continue working with the case. If probation is ordered the CHINS worker will supervise the case and report back to Court regarding progress. While under supervision workers will also be able to make referrals to other private and public agencies as needed. Cases will also be referred to FAPT when appropriate. All services afforded regular probation cases will be available to the CHINS probation cases as well. The CHINS program will consist of one probation supervisor, one clerical support staff, and stx juvenile probation officers. Two of those six probation officers are already a part of the Virginia Beach Court Service Unit staff. They currently are handling only CHIN5 cases but cannot handle the volume from intake along with the volume of cases referred by the Judges of our juvenile cou~cs. The six new positions will be funded through VJCCCA. The CHINS program will handle all of the CHINS referrals ordered by the Juvenile Court Judges. The unit will also handle all the CHINS cases that come through juvenile intake. This unit will work with the Virginia Beach School system to act as liaisons for truancy issues. Four Virginia Beach schools with the worst truancy problems will be selected for a pilot proJect The CSU and the school admimstration are currently working on a program for these schools. The goal of this program will be to significantly cut the truancy rate at those schools. For FY97-98, the Virginia Beach Court Service Unit processed over 1200 CHINS cases through juvenile intake. Our goal is to do quick assessments and crisis counseling when needed and to refer the maJority of these clients to other community services. Those cases with more severe problems will probably be placed on supervised probation for whatever period of time it takes to resolve the issues at hand. Purpose: How you do it: Unique or Special: Encouraging prospects: The goal of this program is to prevent the CHINS referrals from becoming criminal cases. It ~s our experience that "hard core" CHIN5 cases often become ~n~'ok'ed ~n criminal beha~'~or unless a significant change is made quIckly. Like.se, if truancy continues, it ~s our experience It Mil often lead to c~mmai behavior as well. Another goal is to stabilize the family which will help prevent the need to remove the juvenile from his/her home. Out detention and shelter care fadlities are bulging at the seams. We want to keep these CHINS cases from mixing ~th our criminal cases who are detained or in shelter care. Quick assessments will be made and appropriate service plans will be put in place. Clear directives will be given to all parties about what each person is to do within a certain time frame. Referrals to other services will be put in place as needed. Out use of ~in home services" has proven very benefidai in working with CHINS cases. With these cases it is just as important to work with parents/guardians as with the ~uvenile. Poor parenting skills are often present with CHINS cases and changes need to be immediately. For over two years we have had two people exclusively dedicated to working with CHINS. These cases are often more demanding than criminal cases and require a lot of immediate crisis counseling. Being available to help parents resolve issues with their teenagers is needed as well as helping empower parents with their parental responsibility. By the time many of these CHINS cases get to us, parents feel out of control and are ready to give up on their teenager. If we can break the chain of the reactive, angry and hostile teenager, we feel the juvenile has more than a fair chance of staying out of the juvenile and adult criminal justice systems. Learning appropriate ways to handle the many issues and pressures of growing up is very overwhelming for many teenagers, especially when they do not have a stable caretaker to turn to. Helping at the very beginning of this road to self destruction often beings about change that will make these teenagers an asset to society. Parents who are empowered are better able to provide structure and supervision in the home. Summary of Operating Budget for CHINS Unit a. FY 1998-99 b. FY 1999-00 FY 2000-01 FY 2001-02 Personnel $102,192 $210,138 $216,064 $222,167 Operating Contractual Services 250 500 700 700 Internal Services 9,564 11,688 12,100 12,100 Other Charges 27,203 15,172 19,737 19,422 Capital Outlay 14,100 0 0 0 Subtotal Operabng $51,117 $27,360 $32,537 $32,222 Total Budget $153,.309 $237,498 $2.,.48,601 $.2.54,3.8,9. a. Office space will be prowded by the T~dewater Regional Group Home Commission b For FY 1998-99, reflects operabons from January to June Attachment 2 12-08-98 c ~udget\98-99\chmsbud wb3 vol 76 TIDEWATER REGIONAL GROUP HOME COMMISSION 119-A Tilden Avenue --- Chesapeal~¢, Virginia 23320 Telephone: (757) 547-9288 ~mber 7, 1998 Mr. Bm Bright, Director Second District Court Services Umt 2305 Judicial Boulcvard Virginia Beach, Virgi_'nia 23456 Re: Va. Beach CttlNS Unit Dear Bruce: The purpose of this letmr is to confirm thc availability of funds to operate thc CHINS Unit, The CHINS Unit was a part of the Biennial V$CCCA Plan for the City of Va. Bcack Thc plan covcxed the l~iod from July 1998 through lun~ 30, 2000. On S~ber 10, 1998 the Stem Board of Jmtenfle Justice approved thc City's plan, thereby making VJCCCA funds available. The approved plan includ~ $254,367 for tim CHINS Unit in FY 99 and $269,367 in FY2000. As you ar~ awa~ w~ may amend those amount~, should the exa~t budget for thc unit turn out to slightly differ~ than originally planned. With your concurrence, the Commission will convey the funds for the pwgram to the City in quarmrly payments. This would correspond to the schedule on which we receive the funds for the ~ntire plan. Each Biennium we will ~ to file a r, newal plan to continue funding the VJCCCA programs. Since you sad the chidjudie of tho Juv~mile ami Dome.~ic Relations Court have off approval on the plan, we can assume that the CHINS Unit will be part of the plan as long as you want it thc-re. The only other event that would effect the ongoing availability of funds would be the withdrawal of support for the wliole VJCCCA program by the Oeneml Assembly. If I can offer any additional information or clarification, let me know. Executive Director CdlIcs of Chcsapeane · F'ranl~lin · Portsmouth · Suffolk & Virginia Beach and Countzes of I~le of Wiqbt & Southampton · i 1 ! ! Item V-L2. -20- ORDINANCES/RES OL UTION ITEM # 44493 Henry Ryto, 864 OM Virgtma Beach Boulevard, Phone; 428-2 763, spoke tn support of the Or&nance and suggested expandtng to 105 beds Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrtson, Ctty Council ADOPTED: Ordtnance to AMEND the scope of Capital ProJect #3-024, Virginia Beach Juvenile Detention Center Expand the design from stxty (60) to ninety (90) beds, subject to 50%funding by the Commonwealth of Vtrgtnta. Vottng 8-3 Counctl Members Voting Aye Ltnwood O. Branch, III, Margaret L. Eure, Wtlham W Harrtson, Jr, Harold Hetschober, Louts R Jones, Mayor Meyera E. Oberndorf, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay' Barbara M. Henley, Reba S McClanan and Nancy K Parker Council Members Absent' None January l2, 1999 AN ORDINANCE TO AMEND THE SCOPE OF CAPITAL PROJECT # 3-024, VIRGINIA BEACH JUVENILE DETENTION CENTER, BY EXPANDING THE EXISTING DESIGN FROM 60 TO 90 BEDS WHEREAS, on October 27, 1998, staff presented a Policy 7 Report to Council to update Council on the status of the Juvenile 8 Detention Center Capital Project # 3-024, and address issues raised 9 by the Juvenile and Domestic Relations Court that included the 10 size, cost, and design features of the facility; 11 WHEREAS, the existing detention center project has been 12 approved by City Council and the State Department of Juvenile 13 Justice at 60-beds (expandable to 75), with an estimated capital 14 cost of $9.89 million and an estimated first year operating cost of 15 $3.52 million; 16 WHEREAS, within the current capital project budget, the 17 City has $6.5 million available, including funds spent to date for 18 land and design, while the State has $3.1 million; 19 WHEREAS, the facility is being designed by the 20 architectural and engineering firm of Hayes, Seay, Mattern and 21 Mattern, Inc. ("HSMM"), and the City to meet the requirements of 22 the State's Department of Juvenile Justice, and has an estimated 23 project cost that is consistent with recently built or bid 24 detention center projects; 25 WHEREAS, various design and size options have been 26 analyzed, including pod size, kitchen design, and facility sizes of 27 60, 75, 90, and 105-beds, for impact on the surrounding 28 neighborhood, time delays to the current project, impact on the 29 operations of the facility, risks to the City, availability of 30 detention space in the region, and capital and operating budget 31 impacts to the City; 32 WHEREAS, based on analysis of the above mentioned 33 factors, City staff and HSMM recommend the current project scope be 34 amended to expand the design from 60 to up to 90 beds, and that 35 bids for a 60-bed facility be solicited, with bids for a 90-bed 36 facility being solicited as an alternatmve bmd; 37 WHEREAS, if the General Assembly provides a true 50% 38 match for capital and operating costs equal to an estimated $6.5 39 million for capital costs and $2.4 million for operating costs, the 40 City would then size the facility accordingly and "build to 41 budget," not to exceed 90-beds; 42 WHEREAS, if the bids are favorable and funds can be 43 identified, the City would build the full 90-bed facility, with a 44 first year's estimated operating cost of $4.8 million; and 45 WHEREAS, City staff and HSMM have recommended 46 continuation of the current pod and kitchen desmgn, which zs the 47 most appropriate and effective for this facility. 48 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 49 OF VIRGINIA BEACH, VIRGINIA: 5O 1. That Capital Project #3-024, the Virginia Beach 51 Juvenile Detention Center, be amended to expand the existing design 52 from 60 to up to 90 beds, with bids for the 90-bed facility to be 53 solicited as an alternative bid; 54 2. That, if the bids are favorable and the General 55 Assembly provides a firm commitment to fund a true 50% of the 56 actual capital costs and a true 50% of the actual operating costs 57 of serving all children placed in detentzon, along with suffzcient 58 appropriations, the City Council expresses its intention to build 59 the 90-bed facility; and 60 3. That the City Council expresses its intention not to 61 commit to moving forward unless and until it ms secure mn the 62 knowledge that the full 50% state share wmll be forthcoming. 63 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of January , 1999. 66 67 68 69 Ma&'~~e nt SerJices APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 70 71 72 DATA~ ORD IN~NONCODE ~ JIIVDET- 2. ORD DECEMBER 29, 1998 R2 ATTACHMENT 1: JUVENILE DETENTION CENTER Advantages/Disadvantages of Alternatives Advantages I Disadvantages Option 1: Current CIP (60-bed facility with core designed for expansion to 75-beds) a a The total cost for construction of a 60-bed facility will be less expensive than a 75-bed faclhty, resulting in lower debt service Charter bond authority is freed up for other needed projects Additional time will not be needed to change and delay the project No additional approval from the State or Clty lS requtred There is expected to be secure detention bed space available from other locahties for lease at competitive costs given the existence of the 100-bed Tidewater Detention Home, the 80-bed Norfolk Detention Home, and the anticipated 30-to-40-bed facility m Suffolk There may be alternative programs available through the Tidewater Regional Group Home Commission Previous Five-Year Forecasts and CIP's have anticipated the debt service and operating costs of this option The City will have to pay more of the cost up front for the faclhty because a smaller portion of the core secUon of the faclhty will be eligible for State reimbursement The Clty will face increased capital expense m future years for expanding the faclhty to 75 beds if the cost of construction ~ncreases The Juvenile and Domestic Relations Court beheves a larger faclhty will be needed by the Year 2000 given that it is currently placing an average of 52 juveniles per day in secure detention, and wishes to use the detention center for sentencing juveniles adjudicated guilty rather than committing them to State Correctional Centers The State will not retmburse the City for the costs of operating the facility beyond its rated capacity or for the cost of leasing bed space from other localities ATTACHMENT 1: JUVENILE DETENTION CENTER Advantages/Disadvantages of Alternatives Advantages I Disadvantages Option lA: Current CIP (60-bed facility with core designed for expansion to 75-beds). Design to 75-Beds and Bid as Add Alternate if Funds are Available. If the bids are favorable and within the City's fiscal capablhty, th~s option may be less expensive than expanding to 75-beds ~n the furore, resulting in lower debt service The State reimbursement for capital project costs increases as all of the core section of the facility will be ehglble for State reimbursement The City will avoid the increased capital expense due to inflation m furore years for expanding the faclhty at a later time to 75 beds The City will avoid the inconvenience to the detention center's operations caused by faclhty expansion m future years The facility wlll be within the limits stated to the community and will be closer to the size desired by the Court The City will decrease ~ts use of other localities detention centers thereby reducing the transportation nme and costs for Sheriff's Office and Court Service personnel The City will increase the supply of secure detention beds ~n the regton for other localities to purchase tf space is available This option prowdes flexibility and will provide clear ewdence regarding the costs of construction Th~s option delays the current project by up to 6 75 additional months for design and constmcuon time and requires State approval The Juvenile Court desires a larger facility It will present a larger building profile to the community It will revolve higher operational costs compared w~th a 60-bed facility Previous Five-Year Forecasts have not fully reflected the additional operating costs of this opUon ATTACHMENT 1: JUVENILE DETENTION CENTER Advantages/Disadvantages of Alternatives Advantages I Disadvantages Option 2: Complete Build-Out CIP (75-bed facility). a a The State reimbursement for capital project costs increases as all of the core section of the facility will be eligible for State remabursement The City will avoid the ~ncreased capital expense due to ~nflatlon m furore years for expanding the facility at a later time to 75 beds The City will avoid the inconvenience to the detention center's operations caused by facility expansion ~n future years The facility will be within the hm~ts stated to the community and will be closer to the size desired by the Court The City will decrease its use of other locahtles detention centers thereby reducing the transportation time and costs for Sheriff's Office and Court Service personnel The City will increase the supply of secure detention beds m the region for other locahtles to purchase if space is available This option delays the current project by requiring 6 75 additional months of design and construction ttme and requires State approval b The Juvenile Court desires a larger faclhty It will present a larger braiding profile to the community It may reduce the avallablhty of Charter Bonds for other important Clty needs It will involve higher operational costs compared with a 60-bed faclhty Previous Five-Year Forecasts and CIP's have not fully reflected the debt service and operating costs of this option ATTACHMENT 1: JUVENILE DETENTION CENTER Advantages/Disadvantages of Alternatives Advantages ] Disadvantages Option 3: Revise Scope, Add 15-Beds Construct to 90-beds. a a The cost per bed for capital costs declines slightly from $159,000 for the 75-bed to $151,000 for the 90-bed facility The City will avoid the inconvenience to the detention center's operations caused by facility expansion in future years The Clty will decrease its use of other locahtles detention centers thereby reducing the transportation time and costs for Sheriff's Office and Court Service personnel The Clty will increase the supply of secure detention beds m the region for other locahtles to purchase if space is available This option delays the current project by requiring 9 additional months of design and construction time and reqmres State approval b The Juvenile Court desires a larger faclhty A previous commitment to the commumty is not kept to build a smaller facility of 75- beds It will reduce the avallabihty of Charter Bonds for other maportant Clty needs Previous Five-Year Forecasts and CIP's have no.~t reflected the additional debt service and operating costs of this option This may create negative impacts on Council's ability to provide other essential services It will involve higher operational costs compared with a 60-bed or 75-bed facihty If, as desired by the Court, the Detention Center IS used ~ncreasmgly for post- dlsposItlOnal detention (sentenced offenders) in lieu of State Correctional Centers, costs to the City for post- dispositional programs will increase as costs are shifted from the State to the City. ATTACHMENT 1: JUVENILE DETENTION CENTER Advantages/Disadvantages of Alternatives Advantages I Disadvantages Option 4: Revise Scope, Add 30 Beds Construct to 105-beds. a a A 105-bed faclhty prowdes space for future growth and ~s ~n concert w~th the current size request by the Court The cost per bed for capital costs dechnes from $151,000 for the 90-bed to $147,000 for the 105-bed facility The City will decrease ~ts use of other locaht~es detention centers thereby reducing the transportation tune and costs for Sheriff's Office and Court Service personnel The C~ty will increase the supply of secure detentlon beds m the region for other locaht~es to purchase ~f space Is available The d~sadvantages are similar to the 90- bed facility This option delays the current project by requiring 10 5 addmonal months of design and construction nme and reqmres State approval This option ~ncreases City costs by $1 5 mllhon annually or 56% over the base option Previous F~ve-Year Forecasts and CIP's have not reflected these costs Council budget flexlblhty will be reduced A premous commitment to the commumty is not kept to build a smaller facility of 75- beds It will reduce the avallablhty of Charter Bonds for other trnportant City needs It will revolve higher operational costs compared w~th a 60-bed or 75-bed facility If, as desired by the Court, the Detention Center 1s used increasingly for post- disposmonal detention (sentenced offenders) m heu of State Correctional Centers, costs to the City for post- dispositmnal programs will increase as costs are shifted from the State to the City. c \c~p\98-99\detctr+- wpd vol 76 sgh December 16, 1998 ATTACHMENT 2: JUVENILE DETENTION CENTER Option 5 W,th~n the current capital project budget for the detention center, the C~ty has $6 5 m~lhon available ~nclud~ng funds spent to date for land and design while the State has $3 1 m~lhon The C~ty may be able to build a fac~hty as large as 90-beds if ~t can leverage a true 50% match from the state equal to the $6 5 m~lhon of local funds committed to the current detention center project, then $13 m~lhon would be available for capital costs If dunng the upcoming General Assembly session, a f~rm legislative commitment to fund a true 50% of the actual capital costs and a true 50% of the actual operating costs of serv,ng all children placed ~n detention, w~th appropnabons accordingly, then a larger fac~hty may be possible The C~ty would then s~ze the fac~hty accordingly and "build to budget" not to exceed 90-beds Th~s approach takes ~mportant steps toward meebng the concerns of both the C~ty and the Court but depends upon the cooperabon of the state The City would not commit to moving forward unless and until it was secure in the knowledge that the full $0% state share was forthcoming. Thus, there would be some delay wh~le the General Assembly was ~n session c \c]p\98-99\detopt5 sgh vol 76 December 18, 1998 Item V-I.$. - 21 - ORDINANCES/RES OL UTION ITEM # 44494 Upon motion by Vice Mayor Sessoms, seconded by Councdman Harrison, City Council ADOPTED: Resolution to appoint Mark D. Sttles to the position of Assistant City Attorney Voting' 11-0 (By Consent) Councd Members Voting Aye' Ltnwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks Counctl Members Voting Nay None Counctl Members Absent: None January 12, 1999 A RESOLUTION APPOINTING MARK D. STILES TO THE POSITION OF ASSISTANT CITY ATTORNEY 10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the Code of the City of Virginia Beach, Virginia, Mark D. Stiles is hereby appointed to the position of Assistant City Attorney, effective February 16, 1999. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of January , 1999. 11 12 13 14 15 16 17 18 CA-7228 ORDINkNONCODEk STILES. RES R-1 PREPARED: 12/29/98 APPROVED AS TO LEGAL SUFFICIENCY city Attorney - 22 - PUBLIC llrE~NG ITEM # 44495 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on' PLANNING 1 a. RICHARD KRAHENBILL, JR. AND REAL INVESTMENTS STREET CLOSURE b. REAL INVESTMENTS CONDITIONAL CHANGE OF ZONING 2. DeFORD LIMITED, A VIRGINIA CORPORA TION STREET CLOSURE 3. MERCHANT'S GENERAL BOOTH BOULEVARD, L.L.C. CONDITIONAL USE PERMIT 4. DOMINION GOLF GROUP CONDITIONAL USE PERMIT 5. JJJ PAR TNERSHIP, ,4 VIRGINIA GENERAL CONDITIONAL CHANGE OF ZONING 6. LILLEL FARMS, INC. CONDITIONAL USE PERMIT 7. VIRGINIA FIVE FF, L.L.C. CONDITIONAL USE PERMIT 8. RH BUILDERS, INC. CHANGE OF ZONING 9. CITY OF VIRGINIA BEACH STREET CLOSURES 10. AMEND SUBDIVISION ORDINANCE Sections 7.3, 7.4, 7.5, 7. 6 and 7.7 re as-built drawings and defect bonds. January 12, 1999 Item PUBLIC HEARING PLANNING - 23 - ITEM # 44496 Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, City Council APPROVED tn one motton Items 1, 2 (DEFERRED), 3, 4, 6, 9 a/b and 10 of the PLANNING BY CONSENT Items 2 was DEFERRED, BY CONSENT, an addtttonal 180 days. Item 4 was APPROVED, BY CONSENT, with an addtttonal conchtton. Vottng' 11-0 Council Members Voting Aye' Ltnwood 0 Branch, III, Margaret L Eure, Wtlliam W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wilham D. Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay None Counctl Members Absent. None January l2, 1999 - 24 - Item V-J. 1. PUBLIC HEARING ITEM # 4449 7 PLANNING Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED: Applicattons re Providence Road and Old Princess Anne Road (KEMPSVILLE - DISTRICT 2) Apphcation of Rtchard Krahenbill , Jr, and Real Investments, Inc for the &scontinuance, closure and abandonment of a portion of untmproved Provtdence Road, begtnntng at the Western boundary of Old Princess Anne Road and runntng Easterly 399.10 feet along the Northern boundary of Providence Road. Satd parcel contatns 20,526 square feet KEMPSVILLE - DISTRICT 2 The followtng conditions shall be requtred. The applicant ts required to resubdivide the property and vacate tnternal lot hnes to incorporate the closed area tnto the adjointng parcel The plat must be submttted and approved for recordation prtor to final street closure approval The apphcant is required to cap and relocate the existing waterhne as determined by the Department of Pubhc Utilities The cost assoctated with the relocation of the extsttng waterhne is the sole responstbtlity of the apphcant The Ctty Attorney's Office will make the final determtnatton regarding ownershtp of the underlymgfee. The purchase prtce to be pard to the City shall be determined accor&ng to the "Pohcy Regar&ng Purchase of Ctty's Interest tn Streets Pursuant to Street Closures, "approved by Ctty Counctl Coptes of the pohcy are available tn the Planntng Department The apphcant ts required to vertfy that no private utilities extst wtthtn the rtght-of-way proposed for closure Preliminary comments from the utihty compantes tn&cate that there are no private utilities wtthtn the rtght-of-way proposed for closure If prtvate utthttes do exist, easements satisfactory to the utility company must be provtded If the above-noted con&ttons are not fulfilled within one (1) year of thts approval, the street closure petition wtll be considered null and void If the applicant chooses to continue efforts to close the roadway, a new apphcatton must be submitted to the Planning Department and approved agatn by Ctty Counctl AND, ORDINANCE UPON APPLICA TION OF REAL INVESTMENTS, INC , A VIRGINIA CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 to CONDITIONAL R- 7. 5 ZO1991122 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of Real Investments, Inc, a Virgima Corporation for a Change of Zoning Dtstrtct Classification from R-10 Restdential Distrtct to Conditional R-7 5 Restdential Dtstrtct at the Northwest tntersectton of Old Princess Anne Road and Providence Road The proposed zoning classtficatton change to R- 7 5 ts for stngle family residenttal land use on lots no less than 7,500 square feet The Comprehensive Plan recommends use on lots no less than 7,500 square feet. The Comprehensive Plan recommends use of thts parcel for suburban restdenttal/low density that ts compattble wtth single-family use tn accordance with other Plan pohcies. Satd parcel is located at 4509 Old Prtncess Anne Road and contains 3.4 acres KEMPSVILLE- DISTRICT 2. January 12, 1999 Item V-J. 1 - 25 - PUBLIC HEARING ITEM # 4449 7 (Continued) PLANNING The followtng condition shall be required. 1. An Agreement encompasstng proffers shall be recorded with the Clerk of Ctrcutt Court This Or&nance shall be effective in accordance with Section 107 (J) of the Zoning Or&nance. Adopted by the Council of the City of Virginia Beach, Vtrgtma, on the Twelfth of Janua~, Nineteen Hundred and Nine_ty-Ntne Vottng 11-0 (By ConsenO Council Members Voting Aye. Ltnwood O. Branch, III, Margaret L. Eure, William W Harrtson, Jr., Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorj~, Nancy K Parker, Vice Mayor William D Sessoms, Jr. and A M "Don" Weeks Councd Members Vottng Nay None Counctl Members Absent. None January l2, 1999 Item V-J2. - 26- PUBLIC HEARING ITEM # 44498 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED AN ADDITIONAL 180-DA YDEFERRAL to July 13, 1999: Ordinance tn the petttton of DeFORD LIMITED, a Virgmta Corporatton, for the dtsconttnuance, closure and abandonment of a portion of Wtshart Point. Petition ofDeFord Ltmtted, a Vtrgtnta Corporation for the disconttnuance, closure and abandonment ora portion of Wishart Point Court begtnning on the Eastern boundary of Battle Royal Ctrcle and runmng tn an easterly directton a &stance of 538.18 Satd parcel ss 30feet tn wtdth and contatns 14, 711 square feet. DISTRICT 4 - BA YSIDE The final plat must be submitted and reviewed prior to July 13, 1999. Vottng' 11-0 (By Consent) Council Members Voting Aye' Ltnwood O. Branch, III, Margaret L. Eure, Wilham W Harrison, Jr, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, A. M "Don" Weeks and Vice Mayor Wtlham D. Sessoms, Jr Counctl Members Voting Nay: None Council Members Absent: None January 12, 1999 Item V-J. 3. -27- PUBLIC HEARING ITEM # 44499 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon Application of MERCHANT'S GENERAL BOOTH BOULEVARD, L.L.C. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MERCHANT'S GENERAL BOOTHBOULEVARD, L.L C. FORA CONDITIONAL USE PERMITFOR AN AUTOMOBILE REPAIR ESTABLISHMENT ROI 992241 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Merchant's General Booth Boulevard, L.L C. fora Conditional Use Permit for an automobile repair establishment on certain property located on the east side of General Booth Boulevard beginning at apoint 1120feet more or less north of Gunn Hall Road Said parcel contains 1 acre DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: , This site must be developed in substantial accordance with the site plan entitled, "Exhibit for Merchants Tire," dated 30 September 1998, submitted and on file in the Planning Department. All of the landscaping depicted on the Plan, for the frontage along General Both Boulevard and atop the proposed berm, must be upgraded relative to its size at the time of planttng. The Crepe Myrtles and Chaste trees depicted shall be a minimum six to eight feet (6'-8')at planting, rather than five to six feet as shown on the submitted plan. The caliper of the Willow Oak trees shown shall be a minimum three to three and one-half-inch (3"-3 ~ ") rather than the two to two and one-half inches shown on the plan Thejuniperplants shown are fast growers and can be planted at the three-gallon size and quantity shown on the plan. . This building planned for the project must be developed in substantial accordance with the rendering entitled, "Merchants Tire and Auto Centers, "prepared by Porterfield Design Center, dated 30 September 1998, submitted and on file in the Planning Department Any freestanding sign shall be brick, monument-style, not exceedtng five feet (5') in height, similar to the photo exhibit submitted by the apphcant and on file in the Planning Department No outside storage of vehicles in a state of obvious repair will be permitted on this site If vehicles in this condition require storage, then such vehicles shall be stored within the building The tire reclamation area identified on the submitted site plan must be enclosed with a six-foot (6') high red brick enclosure similar to the photo exhibit submitted by the applicant and on file in the Planning Department 6. Lighting in the parking areas shall be box-style (similar to Strawbridge Shopping Center) and shall face downward, not outward Building-mounted hghttng will also face downward. January l2, 1999 Item V-J 3. - 28- PUBLIC HEARING ITEM # 44499 (Continued) PL~4NNING Thts Ordtnance shall be effective in accordance with Section 107 (]) of the Zoning Ordinance Adopted by the Council of the Ctty of Virgtnia Beach, Vtrgima, on the Twelfth of Janua~_ . Nineteen Hundred and Ntnetv-Ntne Voting' 11-0 (By Consent) Council Members Voting Aye: Ltnwood O. Branch, III, Margaret L Eure, Wtlham W. Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlliam D Sessoms, Jr and A M. "Don" Weeks Council Members Voting Nay. None Council Members Absent None January 12, 1999 Item V-J. 4 - 29- PUBLIC HEARING ITEM # 4450O PLANNING Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED an Ordinance upon Application of DOMINION GOLF GROUP for a Conchttonal Use Permit' ORDINANCE UPON APPLICATION OF DOMINION GOLF GROUP FOR A CONDITIONAL USE PERMIT FOR AN OUTDOOR RECREATIONAL FACILITY (golf driving range, miniature golf, batting cages and Golf Pro Shop) R01992242 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon application of Domimon Golf Group for a Conchttonal Use Permtt for an outdoor recreattonal facili_tv (gol_f drtvmg range. mtntature golf, batttng cages and Golf Pro Shop) on the west stde of Holland Road, North of Dam Neck Road. Said parcel is located at 3173 Holland Road and contatns 14 9 acres (PRINCESS ANNE - DISTRICT 7) The followtng condttions shall be required The site shall be developed as shown on the submitted stte plan, entttled "Lynnhaven Golf Park, Preliminary Plan "and dated 20 November 1998, whtch has been exhibtted to Ctty Council and ts on file tn the Planntng Department. 2. Invistble screening shall be replaced wtthin stxty (60) days, tf damaged Thts Ordinance shall be effective in accordance with Section 107 09 of the Zomng Ordinance. Adopted by the Council of the City of Virginia Beach, Vtrginia, on the Twelfth of January_. Ntneteen Hundred and Nine~_ -Ntne Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, Wdham tV. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr and A. M "Don" Weeks Council Members Voting Nay' None Council Members Absent: None January l2, 1999 Item VoJ 5. - 30- PUBLIC HEARING ITEM # 44501 PLANNING Attorney Edward Bourdon, Robert Miller and Associates and Attorney R. J. Nutter presented as a gtft to Ctty Council an easel to be utthzed for presentatton matertals durtng Ctty Council Sessions January l2, 1999 Item V-J 5 a. - 31 - PUBLIC HEARING ITEM # 44502 PLANNING Attorney R. E. Bourdon, Pembroke One, Ftfth Floor, Phone 499-8971 Upon motion by Council Lady Henley seconded by Vtce Mayor Sessoms, City Councd ADOPTED Ordtnances upon application of JJJ PARTNERSHIP, A VIRGINIA GENERAL PARTNERSHIP, for a Conditional Change of Zoning and Condtttonal Use Permtt ORDINANCE UPON APPLICA TION OF JJJ PAR TNERSHIP , A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO CONDITIONAL I- 1 Z01991123 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatton of JJJ Partnershtp, a Virgtnta General Partnership, for a Change of Zoning Dtstrtct Classtfication from AG-2 Agricultural District to Conditional I- 1 Ltght Industrial Dtstrtct on certatn property located on the north side of Holland Road begtnmng at a potnt 1370 feet more or less west of Monet Drtve The proposed zoning classification change to Condttional I-1 is for industrtal land use The Comprehenstve Plan recommends use of thts parcel for suburban residential/low density at densities that are compattble wtth single family use m accordance with otherplanpohctes. Satdparcel contains 1 33 acres DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An Agreement encompassingproffers shall be recorded wtth the Clerk of Circuit Court AND, ORDINANCE UPON APPLICA TION OF JJJ PAR TNERSHIP , A VIRGINIA GENERAL PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR A BUILDING CONTRA CTOR 'S YARD R01992243 BE IT HE. BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JJJ Partnership, a Virginia General Partnershtp, fora Condmonal Use Permit for a budding contractor's yard on certain property located on the north side of Holland Road begtnning at a pomt 13 70feet more or less west of Monet Drtve. Satd parcel contatns 1 33 acres DISTRICT 7- PRINCESS ANNE The following conditions shall be required: The storage area shall be constructed as shown on the submitted stte plan entttled, "Conchttonal Rezoning Exhtbit CFW Office Building Pmncess Anne Borough, Virgtnta Beach, Vtrgtnia," prepared by The TAF Group, whtch has been exhtbtted to the Vtrginta Beach Ctty Counctl and ts on file with the Vtrgtnta Beach Department of Planning , Category IV landscaping shall be tnstalled on the Eastern property border along the enttre developed portion of the stte (approxtmately the first 425 feet) January l2, 1999 Item V-J. 5. a - 32 - PUBLIC HEARING ITEM tt 44502 (Continued) PLANNING These Ordtnances shall be effective tn accordance wtth Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth qf Janua~_ , Nineteen Hundred and Ninety-Ntne Vottng: 10-1 Councd Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, Wtlliam W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vtce Mayor William D Sessoms, Jr. and A M. "Don" Weeks Counctl Members Voting Nay: Reba S McClanan Counctl Members Absent. None January 12, 1999 Item V-J ~. - 33 - PUBLIC HEARING ITEM # 44503 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Council ADOPTED an Ordinance upon Applicatton of LILLEL FARMS, INC for a Condittonal Use Permtt. ORDINANCE UPON APPLICATION OF LILLEL FARMS, INC FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT R01992244 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcation of Ltllel Farms, Inc. for a Conchttonal Use Permtt for a borrow ptt on certatn property located at the northwest intersectton of Lynnhaven Parkway and Monument Drive Said parcel contatns 18 080 acres DISTRICT 1 - CENTER VILLE. The following conditions shall be reqmred' The apphcant shall submit a detailed site plan to the Development Services Center for revtew prtor to commencement of any excavatton activity. The plan ts to include but not be hmited to the following: A. The number of cubic yards to be excavated. B. The means of vehtcular access to the proposed excavation C The proposed date on which excavattng will commence and the proposed date on which excavation wtll be completed. D The location of all haul roads leadtng to the pubhc streets and htghways within the area, as well as the on-site haul road and the potnt at whtch the haul road meets the pubhc rtght-of~way. E A descnptton orplan ofallproposed improvements, tfany, to mitigate the traffic tmpacts associated with the hauhng operatton including, but not hmtted to, turn lanes, signahzatton, striptng and other traffic control measures F. A note is to be placed on the site plan stating that the applicant will be responstble for any failure of the extsttng road system resulttng from the operatton of the borrow ptt. The determtnatton for any re- quire repatrs will be at the sole discretion of the Ctvil Inspector's Office 2. Hours of operatton shall be Monday through Friday, 11:00 AM to 2:00 PM only. 3. The total truck trips shall be limited to a maximum of l, 500 Sand may be hauled no further than to Parcels A and B shown on the submttted stte plan and located approxtmately 3, O00 feet to the East on Lynnhaven Parkway No excavation on the stte shall commence untd all permtts required by Chapter 30 of the Ctty Code have been recetved from the Department of Planntng and all requtrements of Chapter 30 of the Ctty Code, as would apply tn thts parttcular case, have been met January 12, 1999 Item V-J. 6. - 34- PUBLIC HEARING ITEM # 44503 (Continued) PLANNING Thts Ordinance shall be effecttve in accordance with Section 107 (]) of the Zomng Ordinance Adopted by the Council of the City of Virginia Beach, Virgmia, on the Twelfth of Janua~. Nineteen Hundred and Ntnety-Ntne Voting 11-0 (By ConsenO Councd Members Voting Aye: Linwood 0 Branch, III, Margaret L. Eure, Wilham W. Harrison, Jr, HaroM Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vtce Mayor William D Sessoms, Jr and A M. "Don" Weeks Council Members Voting Nay None Council Members Absent: None January l2, 1999 Item V-J. 7. - 35 - PUBLIC HEARING ITEM # 44504 PLANNING Randy Royal, Engtneertng Services, Phone: 468-6800, represented the applicant Upon motton by Council Lady Eure, seconded by Councilman Hetschober, City Counctl DENIED the Ordinance upon Apphcatton of VIRGINIA FIVE FF, L.L.C. for a Conchotnal Use Permit: ORDINANCE UPON APPLICA TION OF VIRGINIA FIVE FF, LLC FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SER VICE STATION Ordinance upon applicatton of Virgtnta Five FF, LLC for a Conditional Use Permit for an automobtle service station on the south side of Kempsville Road, 130.23feet east of Centervtlle Turnptke Satd parcel ts located at 1870 Kempsville Road and contains 8.453 acres DISTRICT 1 - CENTER VILLE. Voting: 11-0 (By Consent) Council Members Vottng Aye. Linwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A M "Don" Weeks and Vice Mayor Wtlham D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 12, 1999 Item V-J 8. - 36- PUBLIC HEARING ITEM # 44505 PLANNING F Andrew Heatwole, 808 Newtown Road, Phone. 473-8575, Partner - RH Budders represented the applicant Upon motion by Council Lady Eure, seconded by Vice Mayor Sessoms, City Council ADOPTED the Application of Rtl BUILDERS, INC. for a Change of Zoning District Classt_fication. OP~INANCE UPON APPLICATION OF RH BUILDERS, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD TO R5-D Z01991123 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RH Budders, Inc , for a Change of Zomng District Classification from R-5D Residential District to R-5D Residential Duplex District with a PD-H2 Planned Unit Development District Overlay' on certain property located on the north side of Kempsville Road beginning at apoint 450feet more or less west of Centerville Turnpike The proposed zoning classification change to R-5D with a PD-H2 Overlay is for multi-family residential land use at a maximum density of six (6) units per acre The Comprehensive Plan recommends use of this parcel for business parks and office use in accordance with other Plan policies Said parcel contains 23 7 acres DISTRICT 1 - CENTER VILLE The following conditions shah be required' 1. The maximum building height will be thirty-five feet (35') 2. The minimum front yard setback to Kempsville Road will be thirty feet (309 3 The minimum side yard setback adjacent to the Southern property line will be fifteen feet (15') 4 The minimum sideyardsetback to the Northernproperty hne wtH be twenty-four feet (24') 5. The minimum setback from the proposed buildings to the back of curb will be rune-point-four feet (9 4'). The site shall be developed in accordance with the plan submitted with the rezomng application and dated 20 October 1998. The development shah also adhere to all other development guidelines shown on the plan regarding parking, landscaping and lot coverage, etc The consultant shall redesign the layout on-site to accommodate the planned median break to align with the entrance. The median opening and turn lane planned for this area cannot be shifted as shown on the plan. The change will need to be redesigned and revised prlor to submittal of development plans for this project. 8. (AMENDED) Open space area shah be built as rendered 9 Budding materials shah consist of brick and vinyl siding January 12, 1999 Item Vd. 8. -37- PUBLIC HEARING ITEM # 44505 (Continued) PLANNING This Ordtnance shall be effective tn accordance with Section 107 (/) of the Zoning Ordtnance Adopted by the Councd of the City of Vtrginia Beach, Virgima, on the Twelfth of Janua~_ . Ntneteen Hundred and Ntne~-Ntne Vottng 8-3 Councd Members Voting Aye: Linwood O. Branch, III, Margaret L Eure, William W Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan and Vtce Mayor Wilham D. Sessoms, Jr. Counctl Members Vottng Nay. Mayor Meyera E. Oberndorf, Nancy K Parker and A. M "Don" Weeks Council Members Absent: None January l2, 1999 - 38 - Item V-J. 9. PUBLIC HEARING ITEM # 44506 PLANNING Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, City Councd ADOPTED Pettttons of THE CITY OF VIRGINIA BEA CH,for the chsconttnuance, closure and abandonment of porttons of the following. Apphcation of the City of Vtrgima Beach for the &sconttnuance, closure and abandonment of Virgtnta Place, begtnning at the Eastern boundary of Washtngton Avenue and runntng in an easterly &rection a distance of 160. 78feet along the Northern property hne, 40 41feet along the eastern property line, 155.04feet along the southern property hne and 40feet along the east stde of Washtngton Avenue. Satd parcel contatns 6,316 square feet DISTRICT 6 - BEACH. The following conditions shall be required. The applicant ts requtred to resub&vtde the property and vacate internal lot lines to tncorporate the closed area into the adjoiningparcels The plat must be submttted and approved for recordation prior to final street closure approval The apphcant is requtred to verify that no private utthttes exist withtn the rtght-of-way proposed for closure. Prehminary comments from the utility companies tn&cate that there are no private utihttes withtn the rtght-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utthty company must be provtded. If the above-noted conditions are not fulfilled wtthtn one (1) year of this approval, the street closure petttton will be considered null and votd If the applicant chooses to continue efforts to close the roadway, a new apphcatton must be submitted to the Planning Department and approved agatn by City Council Applicatton of the City of Vtrgtnia Beach for the discontinuance, closure and abandonment of a 20-foot alley located between Vtrginta Beach Boulevard and 18'n Street, begtnntng at the Western boundary of Cypress Avenue and running Westerly 200 07feet. Said parcel contatns 3,997 square feet DISTRICT 6 - BEACH. The followtng condittons shall be required The applicant ts required to resubdivide the property and vacate internal lot lines to tncorporate the closed area into the adjoiningparcels. The plat must be submttted and approved for recordation prior to.final street closure approval The apphcant is required to verify that no private utilities exist withtn the right-of-way proposed for closure Prehmtnary comments from the utility companies indicate that there are no prtvate utilittes within the rtght-of-way proposed for closure. If private utilities do extst, easements sattsfactory to the utility company must be provided If the above-noted con&ttons are not ful, filled within one (1) year of thts approval, the street closure petttton will be constdered null and void If the applicant chooses to continue efforts to close the roadway, a new apphcatton must be submttted to the Planmng Department and approved agatn by City Counctl January 12, 1999 Item V-J. 9 PUBLIC HEARING - 39- ITEM # 44506 (Continued) PLANNING Vottng' 11-0 (By ConsenO Counctl Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wtlliam D. Sessoms, Jr. and A. M. "Don" Weeks Councd Members Voting Nay: None Council Members Absent. None January 12, 1999 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS VIRGINIA PLACE_ AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING STREET CLOSURE OF VIRGINIA PLACE (MB 3, P. 24) LOCATED IN FORMER LYNNHAVEN BOROUGH -- VIRGINIA BEACH, VIRGINIA", DATED JULY 29, 1998, PREPARED BY SURVEY BUREAU ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, COPY OF WHICH IS ATTACHED HERETO AS "EXHIBIT A" AND MADE A PART HEREOF. WHEREAS, on January 12, 1999, City of V~rginla Beach, Virginia applied to the Council of the City of V~rgima Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, ~t is the judgment of the Council that smd street be discontinued, closed, and vacated, subject to certain conditions having been met on or before January 12, 2000; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before January 12, 2000: All that certmn lot, piece or parcel of land, situate, lying and being ~n the C~ty of V~rg~ma Beach, V~rg~ma, designated as "STREET CLOSURE AREA: 6316 SQ. FT. VIRGINIA PLACE (40' R/W) (M.B. 3, PG. 24)" more pamcularly described on a resubd~wslon plat approved by the Director of Planning and entitled "PLAT SHOWING STREET CLOSURE OF VIRGINIA PLACE (MB 3, P. 24) LOCATED IN FORMER LYNNHAVEN BOROUGH -- VIRGINIA BEACH, VIRGINIA" prepared by Survey Bureau, Engineenng D~vision, Department of Public Works, C~ty of Virginia Beach, V~rg~nla, copy of which is attached hereto as "Exhibit A." SECTION II The following conditions must be met on or before January 12, 2000: 1. The applicant is required to resubdlvlde the property and vacate internal lot hnes to incorporate the closed area into the adjoimng parcels. The plat must be submitted and approved GPIN: 2417-86-3532 for recordation prior to final street closure approval. 2. The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utd~ty companies indicate that there are no private utdities within the right-of-way proposed for closure. If private utd~t~es do ex~st, easements satisfactory to the utihty company must be prowded. 3. If the above noted conditions are not fulfilled w~thin one year of th~s approval;, the street closure petition wall be considered null and void. If the apphcant chooses to continue efforts to close the roadway, a new apphcation must be submitted to the Planning Department and approved agmn by C~ty Council. SECTION III 1. If the preceding conditions are not fulfilled on or before January 12, 2000, the street closure apphcat~on will be deemed null and void w~thout further action by the City Council. 2. If all conditions are met on or before January 12, 2000, the date of final closure is the date the street closure ordinance is recorded by the C~ty Attorney. SECTION IV A cemfied copy of this Ordinance shall be filed ~n the Clerk's Office of the C~rcuit Court of the C~ty of V~rginia Beach, V~rgima, and indexed in the name of the City of Virg~ma Beach as Grantor. Adopted by the Council of the City of Virginia Beach, Virg~ma, on this 12 day of 3anuary ,1999. 01/06/99 G \DATA~FORMS\DEEDS\STCLOSU~WORK1NG\CA7237 ORD APPROVED AS TO LEGAL SUFFICIENCY Law Department Map L6 Not. ~o Sc~lo 042 005 ~. 017 Va Beach 009 ~. 024 \ 034;~ ZONING HISTORY 1. Street Closure Granted 9-24-96 2. C.U P. Auto Repair 8-11-92 PC Agenda, November 12, 1998 Pagc 9 - 3 )TE. THIS PLAT I$ THE RESULT OF A FIELD SURVEY AND THE COtdPILATION OF DEEDS AND PLATS No. 001425 LOCATION MAP SCALE:I"--2640' LOT 7 ~ ~ NOW OR FORMERLY NOW OR FORMERLY CITY OF VIRGINIA BEACH CITY OF VIRGINIA BEACH ~ D.B. 3566 , P. 1221 D.B. 3610 , P. 908 L~ M.B. 3 , P. 24 I&B. 3 , P. 24 ~ GPIN NO. 2417-86-3504 GP/N NO. 2417-86-$670 ~ LOT 8 N76'O4'OT'E 160.78' ~ EX/STING R/W ~ 57'REET CLOSURE ~ VIRGINIA PLACE (,~' R/W) (M.B..~ ,P. 24) GPIN NO.~_41Y-86-$SJP ~ N- EX/STING R/W S'76'04'07'W 155.04' LOT I SUBDIVISION OF VIRGINIA BEACH ANNEX NO. 2 (M.B. 5, P. 24) NOW dR FORMERLY CITY OF VIRGINIA BEACH DB. 3666 , P. 1221 M.B. 2.T7, P. 41 GPIN N0.2417-86-5415 ~21.91 N. 3,476£90.44 E. 12218,315.65 LOT 2 S76'04'07"W 435.36' TRACT 2 E. 12,218,417.94 SUBDIVISION OF----~ THE ATLANTIC INVESTMENT COMPANY OF NORFOLK (M.B. 55 , P. NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 5525, P. 825 M.B. 257, P. 96-97 GPIN NO. 241'7-86-3478 ~iI EXIS!ING R/W VIRGINIA BEACH BOULEVARD (60' R/'w) (IvI.B. 3 ,P. 24) (D.B. 55 ,P. 577)( Id B. 55 ,P. 5$) F'!i DENOTES STREET CLOSURE AREA : 6316 SQ. FT. GRAPHIC SCALE I" = 30' O' 30' 60' PLAT SHOWING STREET CLOSURE OF VIRGINIA PLACE (bhB. $, P. 24) LOCATED IN FORMER LYNNHAVEN BOROUGH--WRGIN/A BEACH, VIRGINIA SURVEY BUREAU ENGINEERING DIVISION DEPARTMENT OF PUBUC WORK5 CITY OF VIRGINIA BEACH, VIRGINIA DATE: JULY 29,1998 J l 3o, J JDRAWN BY:DLW J j FIELD BOOK.. FILE: VERTICAL o CITY OF VIRGINIA BEACH (Virginia Place) November 12, 1998 GENERAL INFORMATION Site Location: V~rginia Place beginning at the eastern boundary of Washington Avenue and running in an easterly direction a distance of 160.78 feet along the northern property l~ne, 40 41 feet along the eastern property i~ne, 155 04 feet along the southern propel ty lIne and 40 feet along the east s~de of Washington Avenue / DISTRICT 6 - BEACII Request: Street Closure. Purpose: To close th~s "paper street" so that the property can be used ~n the development of the oceanfront municipal complex being constructed on surrounding p~opert~es Site Size: 6,316 square feet LAND USE, ZONING AND SITE CHARACTERISTICS Existing Land Use & Zoning: The subject site is developed with landscaped planting beds, sidewalks and parking areas for the Virginia Beach Police Department's 2nd Precinct. The s~te ~s zoned RT-3 Reso~ t Tourist Dist~ ict. Surrounding Land Use and Zoning: The subject site is surrounded by property being developed with municipal braidings and parking areas, all of the surrounding zoning ~s RT-3 Resort Tourist D~stnct There is a scattenng of single family and multi-family dwellings to the west. Zoning History: A similar street closure request was approved by C~ty Council on Septembe~ 24, 1996 for an unnamed alley situated two blocks to the west COMPREHENSIVE PLAN The land use plan recommends the area for resort related uses. PUBLIC SERVICES AND FACILITIES Water/Sewer: There are no water or sewer utilities located within the area proposed for closure. PC Agenda, November 12, 1998 - Page 9- I Fire Protection: Adequate Police Protection: Adequate EVALUATION The V~ewers have determined that th~s street closure request will not ~esult in public ~nconven~ence Approval ~s ~ecommended subject to the conditions l~stccl below CONDITIONS The applicant is required to resubdivide the property and vacate ~nternal lot hnes to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. , The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities w~th~n the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be prowded o If the above noted conditions are not fulfilled within one year of this approval, the street closure petition w~ll be considered null and void. If the applicant chooses to continue efforts to close the roadway, a new application must be submitted to the Planning Department and approved again by C~ty Council'. Note: Further conditions may be required during the administration of applicable Ctty Ordittattces. PC Agenda, Novemberl2, 1998 - Page9-2 AREA ~ 6516 SO. FT. VII~INIA PLACE (4o' R/W; (/g.B. 3 ,P. 2.4) 8PIN N0.£417-8~-$5~. EXISTING R/W ST~O4'OY'W ! 155.04' i LOT I SUBDIVISION OF VIRGINIA BEACH ANNEX NO. 2 (M~. 3 , P. 24) o Nl;l~tt OR FORMERLY CITY OF VIRGINIA BEACH DB. 3666, P. 1221 M.B. 237, P. 41 GPIN NO. 24ff-86-$415 N. $,476,2.90.44 E- 12218,315.65 S76'04'07'W LOT 2 TRACT 2 t / NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 5525 , P. 825 M.B. 257 , P. 96-97 GPIN NO. 241F-86-3478 EX/STING VIRGINIA BEACH BOUI FVARD (6o' R/W) City of Virginia Beach PC Agenda, November 12, 1998 - Page 9 - 4 Item # 9 C~ty of V~rg~n~a Beach Closure of V~rg~n~a Beach D~stnct 6 Beach November 12, 1998 CONSENT AGENDA Charles Salle Item # 9, C~ty of V~rg~n~a Beach, street closure, and # 10, C~ty of V~rg~n~a Beach, street closure Dawd Grochmal I am Dawd Grochmal, the D~rector of General Services for the c~ty. Charles Salle There are three cond~bons w~th each of those street closures Are they acceptable to the C~ty of Virginia Beach? David Grochmal Yes they are. Charles Salle Thank you Betsy Atk~nson O K, I have a mobon by Mr Salle to approve the consent agenda and a second by Mr Horseley AYE 9 NAY 0 ABS 0 NOT VOTING 2 BETZ .... MILLER AYE BRADLEY AYE SALLE AYE DIN AYE VAKOS AYE ROSENBLATT AYE ATKINSON AYE HORSELEY AYE HARGROVE .... ELIASSEN AYE DISCLOSUitB 81kT~HP.,HT i i i i ~ i i -- i i [ · ¥PB Of APPLIC~ATIOHI i · il i. I Ill I I · ~0 BB COHPLBTBD BY OR ton 7fib aPPLICaNTs 1.. Zt the applLcant La a,corporation, ILar the otticecn el the corporations I Ill [ I I Il I · line I ~O.BB COHP~BTBD BX OR FOR THB OHHBR (it dittecent £rom applicant) 1~ It tbu ovnec ia a corporntion, list the olticeca et the corporations · · · 2. If the ownlr Il a partnership, firm o.~ other ud/ndorpocaCed organizatio lint all members cc pactneca Ln the organizations · . q · · · j i Il I · Il [ I I [ · I Ill I I II I _ . signatUre Title . % i C1TY OF VI RGIN1A BEACH Closure of Virginia Pldce District 6 - Beach ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS 20' ALLEY LOCATED BETWEEN VIRGINIA BEACH BOULEVARD AND 18TM STREET AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING 20' ALLEY CLOSURE (M.B. 55, P. 33) LOCATED IN FORMER LYNNYAVEN BOROUGH -- VIRGINIA BEACH, VIRGINIA", DATED JULY 29, 1998, PREPARED BY SURVEY BUREAU, ENGINEERING DIVISION, DEPARTMENT OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA, COPY OF WHICH IS ATTACHED HERETO AS "EXHIBIT A" AND MADE PART HEREOF. WHEREAS, on January 12, 1999, City of Virginia Beach, Virginia (Name of Applicant) applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before January 12, 2000; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certmn conditions being met on or before January 12, 2000: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, designated as "20' ALLEY CLOSURE AREA: 3997 SQ. FT." more particularly described on a resubdlvlsion plat approved by the Director of Planning and entitled "PLAT SHOWING 20' ALLEY CLOSURE (M.B. 55, P.33) LOCATED IN FORMER LYNNHAVEN BOROUGH -- VIRGINIA BEACH, VIRGINIA", prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, and duly recorded in the Clerk's Office of the City of Virginia Beach, Virginia, a copy of which is attached hereto as "Exhibit A". SECTION II The following conditions must be met on or before January 12, 2000: 1. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval GPIN 2417-96-2616 2. The apphcant ~s required to verify that no private utihties exist witlun the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities w~thin the right-of-way proposed for closure. If private utdities do exist, easements satisfactory to the utility company must be prowded. 3 If the above noted conditions are not fulfilled w~th~n one year of this approval;, the street closure petition will be considered null and void. If the applicant chooses to continue efforts to close the roadway, a new apphcation must be submitted to the Planning Department and approved again by C~ty Council. SECTION III 1. If the preceding conditions are not fulfilled on or before January 12, 2000, the street closure application wall be deemed null and void w~thout further action by the C~ty Council. 2. If all conditions are met on or before January 12, 2000, the date of final closure is the date the street closure ordinance ~s recorded by the City Attorney. SECTION IV A certffied copy of th~s Ordinance shall be filed ~n the Clerk's Office of the C~rcmt Court of the City of V~rgima Beach, V~rginia, and ~ndexed in the name of the C~ty of V~rg~ma Beach as Grantor. Adopted by the Council of the City of Virginia Beach, Virgima, on th~s 12 day of January ,1999. APPROVED AS TO LEGAL SUFFICIENCY ,~7~ Law Department 01/06/99 G \DATA\FORMS\DEEDS\STCLOSI~WORKING\CA7238 ORD Beach 034 \~ ZONING HISTORY PC Agenda, November 12, 1998 Page 10 - 3 NOTE. THIS PLAT I$ THE RESULT OF A FIELD SURVEY AND THE COMPILATION OF DEEDS AND PLATS, ~ NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 3385 , P./711 Mi3. 210, P. 4 GPIN NO. 24/7-86-9652 LOCATION MAP SCALE. :I"-264~ 18TH STREET (60' R/W) (DJ3.65 .P. 577)(~J3.55 ,P. 33) N76'O4'O7'E-~ CLOSED ON ~ 4/11/88 . (~ 500 O0 NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 3420 , P. 2199 M.B. 55, P. 33 GPIN fl0.2417-96-2770 f176'O4' O7'E 196.07' PlY A~ I _Fy CLOSURE AREA :3997 SO. FT. GPIN N0.2417-96-~616 LOT 41 20' Ali_FY 576'04'07~ 200.07' NOW OR FORMERLY NOW OR FORMERLY CITY OF VIRGINIA BEACH CITY OF VIRGINIA BEACH D.B, 3437 , P. 624 D.B. 3385 , P. 844 M.B. 55 , P. 3J M.B. 55 , P 33 GPIN NO. 2417-96-1577 GPIN NO. 2417-96-2670 SUBDIVISION OF THE ATLANTIC INVESTMENT COMPANY OF NORFOLK (M23. 55 , P. 33) E. 12219260.51 VIRGINIA BEACH BOULEVARD (6cy R/w) (D.8.65 .P. 577)( MJ3.55 .P. 35) riDENOTES STREET CLOSURE AREA: 3997 SO. FT. GRAPHIC SCALE I' = 3('] O' 30' PLAT SHOWING 20' ALLEY CLOSURE (MB. 55, P. 33) LOCATED IN FORMER LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA SURVEY BUREAU ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATE. JULY 29.1998 ][SCALE:I"--30' ] IDRAWfl BY:DLW [[F/ELD BOOK: F/IF: VERTICAL 10. CITY OF VIRGINIA BEACH (Alley between Virginia Beach Blvd. & 1~th Street) November 12, 1998 GENERAL INFORMATION Site Location: A port~on of a 20 foot alley located between Vlrg~ma Beach Boulevard and 18th Street beginning at the western boundary of Cypress Avenue and ~unn~ng in a westc~ ly dnect~on a d~stance of 200 07 feet / DISTRICT 6 - BEACH Request: Street Closure Purpose: To consohdate the area encompassed within th~s "paper street" w~th surrounding c~ty owned parcels Ultimately the property and surrounding land wall be used for the development of a new oceanfront area hbrary Site Size: 3,997 square feet LAND USE, ZONING AND SITE CHARACTERISTICS Existing Land Use & Zoning: The subject site is undeveloped. Surrounding Land Use and Zoning: All of the property to the north, south and west Is undeveloped Property immediately to the east, across Cypress Avenue, ~s developed with a local restaurant and mght club. Zoning History: A similar street closure request was approved by C~ty Council on September 24, 1996 for an unnamed alley situated two blocks to the west COMPREHENSIVE PLAN The land use plan recommends the area for resort related uses PUBLIC SERVICES AND FACILITIES Water/Sewer: There are no water or sewer utdit~es located within the area proposed for closure. PC Agenda, November 12, 1998 - Page 10- I Fire Protection: Adequate Police Protection: Adequate EVALUATION The Viewers have determined that this street closure request w~ll not result ~n public ~nconvenience. Approval is recommended subject to the condmons l~sted below. CONDITIONS The applicant is required to resubdivlde the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant Is required to verify thai no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility compames indicate that there are no private Utdlties within the right-of-way proposed for closure If private utlllt~es do ex~st, easements satisfactory to the utility company, must be provided o If the above noted conditions are not fulfilled within one year of this approval, the ,,t~ cot closure petition w~ll be considered null and void If the applicant chooses to continue efforts to close the roadway, a new apphcat~on must be submitted to the PlannIng Department and approved again by C~ty Counc~I Note: Further conditions may be required during the administration of applicable City Ordinances. PC Agenda, November 12, 1998 - Page 10 - 2 18 TH STREET ¢6O' R/W) /- (0.B. 65 ,P. 577) (lt,f29.$5 4.0O' 076'04 07" ~ ~ ~P~'07"E 196.07' ~EA ~ 3997 SO. ~. GPIN NO.Z~-96-E616 E, 12,219282~ ~ NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 342.0 , P. 2.199 029.55 ,P. 33 GPIN NO. 2417-96-2.770 LOT' 41 ALLEY CLOSED 4/11/88 S76'04'07'W , NOW OR FORblERLY CITY OF VIRGINIA BEACH o.g. $4,.,z7 , p. 62.4 IgB. 55. P. 33 GPIN NO. 2417-96-1577 200.07' NOW OR FORYERLY CITY OF VIRGINIA BEACH D.B. 3385 ,P. 844 ~I.B 55 , P. 55 GPIfl NO. 2.417-96-2670 SUBDIVISION OF THE ATLANTIC INVESTYENT COMPANY OF NORFOLK (ll.B. 55 , P. E. 12219J60.51 VIRGINIA BEACH BOUL~-VARD ~6o' R/W) City of Virginia Beach PC Agenda, November 12, 1998 - Page 10 - 4 Item # 10 C~ty of V~rg~n~a Beach Closure of 20' alley between Va Beach BIvd I& 18th Street West of Cypress Ave D~stnct 6 Beach November 12, 1998 CONSENT AGENDA Charles Salle Item # 9, C~ty of V~rg~n~a Beach, street closure, and # 10, C~ty of V~rg~n~a Beach, street closure David Grochmal I am Dawd Grochmal, the D~rector of General Services for the c~ty Charles Salle There are three cond~bons w~th each of those street closures Are they acceptable to the C~ty of V~rg~n~a Beach? ' Dawd Grochmal Yes they are Charles Salle Thank you Betsy Atk~nson © K, I have a mobon by Mr Salle to approve the consent agenda and a second by Mr Horseley AYE 9 NAY 0 ABS 0 NOT VOTING 2 BETZ .... MILLER AYE BRADLEY AYE SALLE AYE DIN AYE VAKOS AYE ROSENBLATT AYE ATKINSON AYE HORSELEY AYE HARGROVE .... ELIASSEN AYE DISCbOSURE STATEmEnT s ii i i ii TYPB Of' APPr, IC~ATIOHI Rezoning Loom to _ ConditLon&l Use Pecmit I~oc ---- I , I I I Ill I I I I I I I I I mi TO BE ¢OHPGETED BY OR roe THE APPGICAHTi i ii i · the applicant is a ,=ocpocat/on, ILar the o[£icecs o£ the aocpocationl 2. 1£ the applicant is a pattnecship, ~ic'm oc othec unincocpocated oc.g&n/zation, list &Il membecs oc pactnecs in the ocganizationt · ill i iii J i mi i Ill · I I U To.es COHPGETED BY OR FOR TIlE OHHER (i~ di~[eceflC Icom applicanC) 2. I£ the ownec ia a pactnecahip, [lcm or other udindocpocated ocganizatio l/at: alt membecs oc pacCnec,s La the ocgafllzal:lofll · · · · CITY OF VIRGINIA BEACH Closure of 20-ft. alley District 6 - Beach Item V-J 10 - 40 - PUBLIC HEARING ITEM # 44507 PLANNING Upon motion by Vtce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordtnance to AMEND Sections 7 3, 7.4, 7 5, 7 6 and 7 7 of the Subdivision Ordtnance re as-built drawings and defect bonds Voting 11-0 (By ConsenO Council Members Voting Aye: Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr., HaroM Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D. Sessoms, Jr and A. M "Don" Weeks Council Members Voting Nay None Counctl Members Absent None January 12, 1999 AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF THE SUBDIVISION ORDINANCE PERTAINING TO AS- BUILT DRAWINGS AND DEFECT BONDS SECTIONS AMENDED: SUBDIVISION ORDINANCE §§ 7.3, 7.4, 7.5, 7.6, & 7.7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 7.3, 7.4, 7.5, 7.6, and 7.7 of the Subdivision 9 Ordinance are hereby amended and reordained to read as follows: 10 Sec. 7.3. Performance bond in lieu of installation. 11 Where installations as required herein have not been made, in 12 whole or in part, the city may accept for dedication for public use 13 any right-of-way located within the subdivision which has 14 constructed herein, or proposed to be constructed therein according 15 to plans and specifications filed and approved, any street, curb, 16 gutter, sidewalk, drainage, traffic control, street lights, 17 sewerage system, water system or other improvement, financed or to 18 be financed other than by city funds, only if the owner or 19 developer furnished to the city a subdivision agreement indicating 20 completion date of the required improvements and a form of surety 21 satisfactory to the city attorney in an amount equal to the 22 estimated costs of remaining construction (with estimated costs 23 agreed to by the department~ of planning, general services and 24 public works and the department of public utilities where water 25 ~'""~ / .... ,or sewer facilities are concerned; however, in no case shall 26 the amount of surety be less than twenty (20) percent of the total 27 construction costs of the improvement. 28 Sec. 7.4. As-built construction drawings. 29 As-built construction drawings for all improvements shall be 30 provided on an approved durable tracing medium prior to posting of 32 developer and approved by the city prior to the release of the 33 defect bond. 34 Sec. 7.5. Defect bond. 35 With regard to any improvement to be accepted for dedication, 36 maintenance or operation by the city, the owner or developer shall, 37 at the time of city acceptance of responsibility, provide a form of 38 surety satisfactory to the city attorney in an amount equal to ten 39 (10) percent of the total construction costs of the improvements 40 for coverage of costs of remedy of defects appearing in such 41 improvements within two (2) years or such lesser time as may be 42 deemed appropriate by the planning director; however, any items for 43 which the developer has paid a fee or posted an escrow and which 44 the developer is not responsible for constructing or installing 45 will shall not be included in the defect bond. 46 Sec. 7.6. Release of bonds. 47 Performance bonds or other sureties established in accordance 48 with the provisions of section 7.3 shall be released when the 49 director of planning ^~ ~ ~^~ .... .......... ~ .... or other affected official 50 certifies that the requirements set forth therein have been met. 51 On application by the owner or developer, portions of such bonds or 52 other sureties may be released in proportion to the cost of the 53 requirements certified by the director of public works a~or, in 54 the case of water or sewer facilities, the director of public 55 utilities ~- ~ ...... ' ............ f watcr ~-~ .... ~ ~ .... s~.cr~imt~ as having been 56 met; however, in no case shall the amount of surety be reduced to 57 less than twenty (20) percent of the total construction costs of 58 the improvement. 59 Defect bonds or other sureties established in accordance with 60 the provisions of section 7.5 shall be released at the end of two 61 (2) years from the date of city acceptance of responsibility, or 62 such lesser period of time deemed appropriate by the planninq 63 director, provided, however, that all improvements and requirements 64 of this ordinance have been installed or met. Such release shall be 65 in full if no defects have been found to exist, or if defects found 66 to exist have been corrected by the owner or developer. If defects 67 found to exist have been corrected by action of the city, the costs 68 of such action shall be deducted from the defect bond. If defects 69 found to exist within the two (2) year period have not been 70 corrected after proper notice by the end of such period, the 71 director of public works or, in the case of water or sewer 72 facilities, the director of public utilities, shall makc an 73 estimate of the cost of correction u= ~^~ di~tu~~f ~ ..... 74 and such cost 75 shall be deducted from the defect bond, and any balance remaining 76 as a result of lesser actual than estimated cost shall be paid to 77 the owner or developer. 78 Sec. 7.7. Public acceptance of improvements or proposed 79 dedications. 80 The installation of improvements or the offer of dedications 81 in subdivisions created hereafter under the terms of this ordinance 82 shall in no case bind the city to accept such improvements or 83 offers to dedicate. Upon certification of completion of required 84 improvements as set forth in section 7.6, the director of com~ranity 85 planning or, in the case of water and sewer 86 facilities, the director of public utilities, 87 and mc:rcr fa ....... ~, is authorized to accept on behalf of the city 88 such dedications and/or improvements as the city may then be 89 prepared to accept and maintain. No city permit shall be issued 90 and no city services extended to any lot within such subdivision 91 until the requirements of this or other ordinances or lawful 92 regulations of the city have been met in full. 93 Adopted by the City Council of the City of Virginia Beach 94 on this 12th day of January, 1999. 95 CA-7177 96 NONCODE~47-007et.ord 97 November 9, 1998 98 R-2 Item V-K. 1. - 41 - APPOINTMENTS ITEM # 44508 B Y CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS: PENDLETON PROJECT MANAGEMENT BOARD January 12, 1999 Item V-K.2. - 42 - APPOINTMENTS ITEM # 44509 Upon NOMINATION by Vice Mayor Sessoms, Ctty Council APPOINTED: Barbara E. Clevenger Dorothy L. Wood Unexpired thru 12/31/2000 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Vottng 11-0 Council Members Voting Aye' Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wilham D. Sessoms, Jr and A M "Don" Weeks Counctl Members Vottng Nay' None Council Members Absent' None January 12, 1999 Item V-K.2. - 43 - APPOINTMENTS ITEM # 44510 Upon NOMINATION by Councdman Jones, Ctty Councd APPOINTED: W. D. Sessoms, Jr Unexpired thru 06/30/2000 TIDE WA TER TRANSPOR TA TION DIS TRICT COMMISSION Vottng. 10-0 Councd Members Voting Aye: Ltnwood 0 Branch, III, Margaret L. Eure, Wilham W. Harrtson, Jr, Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and A M "Don" Weeks Counctl Members Vottng Nay: None Council Members Abstatntng Vice Mayor Wdliam D. Sessoms, Jr. Counctl Members Absent None January 12, 1999 Item V-M. 1. - 44 - NE W BUSINESS ITEM # 44512 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Hetschober, Ctty Counctl APPROVED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY At Your Service Limousines, Inc. Oceanfront Limousine, Inc. Vottng: 11-0 Council Members Voting Aye' Ltnwood O. Branch, III, Margaret L. Eure, Wdliam W. Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlliam D Sessoms, Jr. and A M "Don" Weeks Counctl Members Voting Nay: None Counctl Members Absent None January 12, 1999 Item V-M. 2. - 45 - NE W BUSINESS ITEM ii 44513 City Councd ACCEPTED, BY CONSENSUS. ABSTRACT OF CIVIL CASES RESOLVED - November/December 1998 January l2, 1999 - 46- ITEM # 44514 Mayor Meyera E Oberndorf entertatned a motion to permit City Councd to conduct tts EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Vtrgtnta, as amended, for the following purpose' PUBLICLY-HELD PROPERTY Dtscusston or consideration of the condition, acqutsition, or use of real propertyforpublic purpose, or of the dispositton of pubhcly-held property, or of plans for the future of an mstttutton whtch could affect the value of property owned or desirable for ownership by such institutton pursuant to Section 2 1-344(A)(3). To-lVtt' Agrtcultural Reserve Program - Princess Anne District Rudee Loop ProJect Southeastern Parkway & Greenbelt - Rtght-of- Way Acquisttton Upon motion by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Councd voted to proceed into EXECUTIVE SESSION (3:42 P.M.) Vottng: 11-0 Councd Members Voting Aye: Ltnwood O. Branch, III, Margaret L. Eure, lVdham }V Harrtson, Jr, Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor }Vdham D Sessoms, Jr and A. M "Don" Weeks Counctl Members Voting Nay: None Counctl Members Absent None January 12, 1999 -47- ITEM # 44515 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, Ctty Hall Buddtng, on Tuesday, January 12, 1999, at 4.28 PM Councd Members Present: Ltnwood O. Branch, III, Margaret L Eure, William W Harrison, Jr., HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr. and A M. "Don" Weeks Councd Members Absent: None January l2, 1999 - 48 - CER TIFICA TION OF EXECUTIVE SESSION ITEM # 44516 Upon motion by Vtce Mayor Sessoms, seconded by Councd Lady Eure, Ctty Councd CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requtrements by Virginia law were discussed in Executive Session to which this certificatton resolution apphes; AND, Only such public business matters as were identified tn the motion convemng the Executive Sesston were heard, discussed or considered by Vtrgtnia Beach Ctty Council. Vottng: 11-0 Counctl Members Voting Aye' Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Harold Hetschober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor William D Sessoms, Jr. and A M "Don" Weeks Council Members Vottng Nay: None Councd Members Absent: None January l2, 1999 · OUR N~' CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 44514, Page 46, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executi,v,e Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. City Clerk January 12, 1999 Item V-N. - 49- AD JO URNMENT ITEM # 44517 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:30 P.M. Chief Deputy City Clerk City Clerk Meyera E Oberndorf Mayor City of Virginia Beach Virginia January l2, 1999 Item V-N. - 49- ADJOURNMENT ITEM # 44517 Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:30 P.M. Beverly 0 Hooks, CMC/AAE Chtef Deputy City Clerk Cay Clerk Mayor City of Vtrgtnia Beach Virginia January 12, 1999